2017-11-28Meridian City Council Pre-Council Meeting Agenda – November 28, 2017 Page 1 of 1
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CITY OF MERIDIAN
CITY COUNCIL PRE-COUNCIL MEETING
SPECIAL MEETING
AGENDA
Tuesday, November 28, 2017 at 5:00 p.m.
City Council Chambers
33 East Broadway Avenue, Meridian, Idaho
1. Roll-call Attendance:
X Anne Little Roberts X Joe Borton
O Ty Palmer (arrived late) X Keith Bird
__O___ Genesis Milam __X___ Luke Cavener
O Mayor Tammy de Weerd (arrived late)
2. Adoption of the Agenda Adopted
3. Executive session per Idaho Code Section 74-206(1)(a): To consider
hiring a public officer, employee, staff member or individual agent,
wherein the respective qualities of individuals are to be evaluated in
order to fill a particular vacancy or need and 74-206(1)(f): To
communicate with legal counsel for the public agency to discuss the
legal ramifications of and legal options for pending litigation, or
controversies not yet being litigated but imminently likely to be
litigated.
Into Executive Session at 5:07pm
Out of Executive Session at 6:04pm
Adjourned at 6:04pm
Meridian City Council Meeting Agenda Tuesday, November 28, 2017 – Page 1 of 4
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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.
1.
City Council Chambers
33 East Broadway Avenue
Meridian, Idaho
Tuesday, November 28, 2017 at 6:00 PM
1. Roll-Call Attendance
X Anne Little Roberts X Joe Borton
X Ty Palmer X Keith Bird
__O__ Genesis Milam __X___ Luke Cavener
X Mayor Tammy de Weerd
2. Pledge of Allegiance
3. Community Invocation by Justin Jordan with Real Life Ministries
4. Adoption of the Agenda Approved as amended
5. Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum)
This time is reserved for the public to address their elected officials regarding matters
of general interest or concern of public matters and is not specific to an active land
use/development application. By law, no decisions can be made on topics presented
under this public comment section, other than the City Council may request that the
topic be added to a future meeting agenda for a more deta iled discussion or
action. The Mayor may also direct staff to further assist you in resolving the matter
following the meeting.
6. Consent Agenda Approved as amended
A. Approve Minutes of November 14, 2017 City Council Workshop Meeting
B. 2nd Addendum to Development Agreement for TM Creek MDA H-2017-0124
with SCS Brighton, LLC
C. Final Plat for Brickyard Subdivision No. 3 (H-2017-0144) by John Carpenter
located at 3611 N. Centrepoint Way
D. Final Plat for Brickyard Subdivision No. 4 (H-2017-0143) by John Carpenter
located at 3611 N. Centrepoint Way
E. Larkwood Subdivision Lot 2 Pedestrian Pathway Easement
CITY COUNCIL REGULAR
AMENDED MEETING AGENDA
Meridian City Council Meeting Agenda Tuesday, November 28, 2017 – Page 2 of 4
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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. Boroughs Subdivision Regional Pathway Easement
G. Approval of Award of Bid and Agreement to KNIFE RIVER for the “BLACK
CAT SEWER TRUNK PHASE 5 – MAINLINE CONSTRUCTION” project for a
Not-To-Exceed amount of $3,394,460.95.
H. First Addendum to Professional Services Agreement with Treasure Valley
Children's Theater Not-to-Exceed $5,000
I. AP Invoices for Payment - $199,586.82
J. Amended onto agenda; moved to Item 7J: Agreement between City of
Meridian and Discovery Benefits, Inc. (DBI) for Flexible Spending Account
and COBRA Administrative Services
7. Items Moved From the Consent Agenda
J. Moved from Consent Agenda: Agreement between City of Meridian and
Discovery Benefits, Inc. (DBI) for Flexible Spending Account and COBRA
Administrative Services
Approved
8. Community Items/Presentations
A. Republic Services and SWAC Report on Changing Market Conditions for
Recycling Mixed Plastics
B. Community Development Block Grant Program Consolidated Annual
Performance and Evaluation Report for Program Year 2016
9. Action Items
Land Use Public Hearing Process: After the Public Hearing is opened the staff report
will be presented by the assigned City planner. Following Staff’s report the applicant
has up to 15 minutes to present their application. Each member of the public may
provide testimony up to 3 minutes or if they are representing a larger group, such as a
Homeowners Association, they are allowed 10 minutes. The applicant is then allowed
10 additional minutes to respond to the public’s comments. No additional public
testimony is taken once the public hearing is closed.
The City Council may move to continue the item for additional information or vote to
approve or deny the item with or without changes as presented. The Mayor is not a
member of the City Council and pursuant to Idaho Code does not vote on public hearing
items, unless to break a tie vote.
Meridian City Council Meeting Agenda Tuesday, November 28, 2017 – Page 3 of 4
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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.
A. Public Hearing for East Ridge Estates Subdivision (H-2017-0129) by DevCo,
LLC located north of E. Lake Hazel Road, west of S. Eagle Road
Approved
1. Request: Annexation and Zoning of 40.99 acres of land with R-4 and R-15
zoning districts
2. Request: Preliminary Plat approval consisting of 139 building lots and 7
common lots on 40.99 acres of land in a proposed R-8 zoning district
B. Public Hearing for Movado Greens Subdivision (H-2017-0104) by DevCo,
LLC located on the south side of E. Overland Road between S. Topaz Way
and S. Cloverdale Road
Continued to December 5, 2017
1. Request: Rezone of approximately 11.08 acres from C-G to the R-15
zoning district;
2. Request: Preliminary plat consisting of 96 single family residential lots, 6
commercial lots, and 7 common lots on approximately 24.23 acres in the
proposed C-G and R-15 zoning district;
3. Request: Development agreement modification to incorporate the 96
residential lots and 7 common lots into the existing DA for Movado Estates
Subdivision (Instrument # 2017-012608);
4. Request: Development agreement modification to reduce the total
acreage of the Silverstone Apartments site and to reduce the number of
apartment units;
5. Request: Conditional Use Permit Modification to reduce the acreage of the
apartment project, to reduce the number of units, modify the proposed
amenities and other specific changes to the previously approved project
(H-2016-0060)
C. Public Hearing for Proposed Meridian Parks and Recreation Fee Updates
1. Resolution No. 17-2050: Adopting new recreational classes and
programming fees of the Meridian Parks & Recreation Department;
superseding previous recreational classes and programming fees of the
Meridian Parks & Recreation Department; adopting a new fee for
reservation of Kleiner Park for special event half day; amending fee
description For Kleiner Park Shelter A-1 and B-1 grill reservations;
repealing fee for full day Kleiner Park Shelter A-1 and B-1 grill
reservations; authorizing the Parks & Recreation Department to collect
such fees; and providing an effective date.
Approved
10. Department Reports
Meridian City Council Meeting Agenda Tuesday, November 28, 2017 – Page 4 of 4
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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.
A. Acceptance of Ada County's Canvass of the Votes for the November 7,
2017 Meridian City General Election Accepted
11. Ordinances
A. Ordinance No. 17-1754: Amending Title 10, Chapter 1, Meridian City Code,
Adopting the 2015 International Building Code, 2012 International
Residential Code, 2015 International Energy Conservation Code, 2015
International Existing Building Code, and Local Amendments thereto;
Amending Title 10, Chapter 2, Meridian City Code, Adopting the 2017 Idaho
State Plumbing Code, Permit Required, Application Issuance, Fees,
Inspection Requirements, and Penalties; Amending Title 10, Chapter 3,
Meridian City Code, Adopting the 2017 National Electrical Code and Local
Amendments thereto, Permit Application, Issuance, and Fees; Amending
Title 10, Chapter 4, Meridian City Code, Adopting the 2015 International Fire
Code and Local Amendments thereto; Amending Meridian City Code
Section 10-5-2, Local Amendments to the 2012 International Mechanical
Code; Amending Meridian City Code Section 7-2-8, Regarding Parking In
Fire Lane; Adopting A Savings Clause; and Providing an Effective Date
Approved
12. Future Meeting Topics
Adjourned at 10:29pm
Meridian City Council November 28,
2017.
A meeting of the Meridian City Council was called to order at 6:05 p.m., Tuesday,
November 28, 2017, by Mayor Tammy de Weerd.
Members Present: Tammy De Weerd, Keith Bird, Joe Borton, Ty Palmer, Anne Little
Roberts and Luke Cavener.
Members Absent: Genesis Milam.
Others Present: Bill Nary, C.Jay Coles, Josh Beach, Kyle Radek, Shawn Harper,
Charlie Butterfield, Caleb Hood, Dale Bolthouse, Chris Pope and Dean Willis.
Item 1: Roll-call Attendance:
Roll call.
X__ Anne Little Roberts X _ _Joe Borton
X__ Ty Palmer X__ Keith Bird
__X___Genesis Milam __X__ Lucas Cavener
__X_ Mayor Tammy de Weerd
De Weerd: Thank you so much for joining us this evening and for your patience. I will
go ahead and start tonight's meeting. For the record it is Tuesday, November 28th. It is
6:05. We will start roll call attendance.
Item 2: Pledge of Allegiance
De Weerd: Thank you. Item 2 is the Pledge of Allegiance. If you will all rise and join us
in the pledge to our flag.
(Pledge of Allegiance recited.)
Item 3: Community Invocation by Justin Jordan with Real Life Ministries
De Weerd: Item 3 is our community invocation. Tonight we will be led by Pastor Justin
Jordan with Real Life Ministries. If you will all join us in the community invocation or
take this as an opportunity for a moment of reflection. Thank you for joining us.
Jordan: Thanks for having me. Let's pray. Lord, as we start this meeting tonight I know
that this is a season where it's busy. I know for my life it's busy and the hustle and
bustle and the task list and the projects as we get ready for Christmas. I pray, God, that
tonight as the City Council starts this meeting and goes through this agenda and for all
of our lives that as we live, God, that we would not forget what we are supposed to
display in the midst of all the busyness, that tonight this meeting and all the things that
need to be accomplished and the topics addressed, God, that we would be a
Meridian City Council
November 28, 2017
Page 2 of 79
community that displays peace, that displays hope, that displays joy and ultimately,
most of all, it displays love and that you came and displayed those things for us. May
we mirror those things to our community and may it begin with our Mayor and our
Council, our leaders and may we as citizens reflect those same qualities. Thank you,
Jesus, for coming. Thank you for this time where we can remember what you did, what
you represented, and may we represent that to the world. We pray this all in your son's
name, amen. Merry Christmas.
Item 4: Adoption of the Agenda
De Weerd: Thank you. Item No. 4 is adoption of the agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: On the Consent Agenda we need to add an Item J and that's the agreement
between City of Meridian and Discovery Benefits Incorporated DBI for flexible spending
account and COBRA administrative services and Item 9-C, the resolution number is 17-
2050 and Item 11-A the ordinance number is 17-1754 and with that I move we approve
the amended agenda.
Borton: Second.
De Weerd: I have a motion and a second to approve the agenda as amended. All
those in favor say aye --
Cavener: Madam Mayor?
De Weerd: I'm sorry?
Cavener: Before we vote, Madam Mayor, can we just get an explanation as to why this
item needed to be added to the Consent tonight, as opposed to our normal routine so
that it could be properly noticed?
Nary: Madam Mayor?
De Weerd: Yes, Mr. Nary.
Nary: Madam Mayor, Members of the Council, this is a new vendor the city will be
using for flexible spending services come January. We have changed from the previous
vendor due to some service issues, so we have worked out over the last month a
couple of issues this vendor had, we have got them all -- all resolved and we need to
get this under contract, so we can get all the processing done before January 1 and so
the Finance Department was the one that requested that we move it up from a week
from now, so that we can get the vendor under contract and get all the process that
Meridian City Council
November 28, 2017
Page 3 of 79
needs to get done so this can get implemented as of January 1st. And Christena is
here from -- from HR if I either misrepresented that or underplayed that, but that was the
reason we added it at the last minute. They just sent it to us yesterday, so --
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Mr. Nary, why don't we just pull it off the Consent and put it -- and, then, the
explanation and everything can be -- it can be discussed.
Nary: That would be certainly fine.
Bird: Okay.
Cavener: I'm fine with that.
De Weerd: You want to amend your motion?
Bird: Well, I have already amended. This is just for the -- I'm not to the Consent yet.
De Weerd: True.
Bird: I will when we do the Consent.
De Weerd: Okay.
Bird: This is just on the adoption of the agenda.
De Weerd: Okay. Well, the motion was to approve the agenda as amended. All those
in favor say aye. Any opposed nay?
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Item 5: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum)
De Weerd: Okay. Item 5. Mr. Clerk.
Coles: Thank you, Madam Mayor. We had one individual sign up. Susan Karnes. The
description is Commission points of discussion.
De Weerd: Good evening.
Karnes: Good evening.
De Weerd: If you will, please, state your name and address for the record.
Meridian City Council
November 28, 2017
Page 4 of 79
Karnes: I'm Susan Karnes. My address is 5556 South Graphite Way. And I want to
share with you this evening a concern of mine that's been growing for the past several
months and that is some of the discussion that takes place during Planning and Zoning
Commission meetings and, as an example, I will share from the 272 page transcript of
an October -- I think it was 19th P&Z meeting. Three different Commissioners on four
different occasions discussed the ability of the application to pencil and I find this to
probably be one of the root causes of resident complaints about developers and their
influence or advantages or whatever. It's not one of the items or factors listed in our
Comprehensive Plan as to whether some things should be approved or not and also of
concern was a question by a Commissioner to the applicant about whether or not he
shared this concept with members of City Council and this is a question about an active
application, which should not be in discussion with members of the Council, of course,
and the applicant's answer was, no, not officially. I just -- I find that concerning and
thought perhaps it might be appropriate for Council to consider refresher courses. You
know, having been a community commission volunteer, I really honor and respect their
role and I understand it's difficult, but perception is reality for residents sometimes and I
think that contributes to our concern. I just wanted to share that with Council this
evening.
De Weerd: Thank you very much for bringing that up and I guess I will put that over to
Caleb to see if we can reach out to some extra training with our Planning and Zoning
Commission and see if we need to do something further in bringing a conversation
together with P&Z and City Council, which happens on occasion as well. I appreciate
your comments.
Coles: There were no other sign-ups, Madam Mayor.
Item 6: Consent Agenda
A. Approve Minutes of November 14, 2017 City Council Workshop
Meeting
B. 2nd Addendum to Development Agreement for TM Creek MDA
H-2017-0124 with SCS Brighton, LLC
C. Final Plat for Brickyard Subdivision No. 3 (H-2017-0144) by
John Carpenter located at 3611 N. Centrepoint Way
D. Final Plat for Brickyard Subdivision No. 4 (H-2017-0143) by
John Carpenter located at 3611 N. Centrepoint Way
E. Larkwood Subdivision Lot 2 Pedestrian Pathway Easement
F. Boroughs Subdivision Regional Pathway Easement
Meridian City Council
November 28, 2017
Page 5 of 79
G. Approval of Award of Bid and Agreement to KNIFE RIVER for
the “BLACK CAT SEWER TRUNK PHASE 5 – MAINLINE
CONSTRUCTION” project for a Not-To-Exceed amount of
$3,394,460.95.
H. First Addendum to Professional Services Agreement with
Treasure Valley Children's Theater Not-to-Exceed $5,000
I. AP Invoices for Payment - $199,586.82
De Weerd: Thank you. Okay. Item 6 is our Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: On the Consent Agenda we are going to pull Item J to item 7-J. And with that I
move we approve the Consent Agenda as published and for the Mayor to sign and the
Clerk to attest.
Borton: Second.
De Weerd: Okay. I have a motion and a second to approve the Consent Agenda as
changed. If there is no discussion, Mr. Clerk, will you call roll.
Roll call: Bird, yea; Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little
Roberts, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Item 7: Items Moved From the Consent Agenda
J. Moved from Consent Agenda: Agreement between City of
Meridian and Discovery Benefits, Inc. (DBI) for Flexible
Spending Account and COBRA Administrative Services
De Weerd: Item 6-J was moved under 7 and so I guess, Christena, I think we had
some questions about the agreement and the need to have it on this agenda versus
next week.
Barney: Madam Mayor, Members of the Council, so as Bill had stated, we just received
the contract yesterday. They have requested funding by the 15th. In order for us to get
that funding to them by that time we have to have the agreement approved today, so
that I can put the PO in for tomorrow. That will ensure that our employees receive their
Meridian City Council
November 28, 2017
Page 6 of 79
bennies cards by the 1st and that their accounts will be fully funded, so that they have
access to those funds.
De Weerd: So, this is an access for our -- our employees to be able to utilize the -- the
flexible spending accounts when the new year arrives. What was the delay in -- in the
company getting the agreement back to us?
Barney: There was a little bit of back and forth between their legal team and our legal
team over the last two weeks. There was some clauses in there that our legal team
wanted removed. We had those removed and just received the final copy from the legal
team yesterday.
De Weerd: Okay. Any follow-up questions? Mr. Nary, anything you need to add?
Nary: Madam Mayor, Members of the Council, no. She is correct. There was --
probably the biggest sticking clause is this is an out-of-state company, their standard
agreement requires any disputes be handled out of state. We generally prefer not to do
that, prefer to handle it in state. They agreed to that. But that was the last point that
was kind of a sticking point, because it's a national company and that's their standard
form. So, we were able to get that out and that got finalized yesterday.
De Weerd: Okay. Council, any questions? Mr. Cavener.
Cavener: Madam Mayor. And I don't know who to pose this question to, Mr. Nary or
Christena. I recognize that it sounds like the request to get this on the agenda tonight
was to move the city process at the speed, so that we could get it -- the requirements
from this out-of-state vendor on time. I guess my question is what's stopping us from
keeping this on the agenda for one more week and moving forward with the PO process
next Wednesday? What -- I guess I just don't understand why our process is inhibiting
our ability to notice this item the correct way.
Barney: Purchasing will not allow us to process any funds -- payments to any vendor
without a legal agreement in place and it's not just, you know, a thousand dollars, it's
upwards of 18,000 that we are sending them.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: I guess for that exact reason is why I'm -- I'm very hesitant about approving
something that we added to the agenda that's spending money tonight and if it's
because of our own processes, I just would say that we can change our own processes
to expedite this, as opposed to modifying an agenda that the public looks at to be able
to expedite our own process. That's just my opinion.
Meridian City Council
November 28, 2017
Page 7 of 79
Barney: Madam Mayor, Councilman Cavener, so this -- there is a lot of history to this.
About midyear our current vendor Prime Pay notified us that they are changing their
funding mechanism and so they were going to require us to set up an account that they,
essentially, could dip into at any time. We were not comfortable with that. So, it was
past our -- the normal time that we would change vendors, so this whole process has
been somewhat expedited, other than there has been a thorough legal review done on
it. So, I feel comfortable in the contract, we followed the processes for that, but we have
to have it in place in order to send them money.
De Weerd: Okay. Council, any other questions?
Bird: If not, Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve the agreement with City of Meridian and Discovery Benefits
Incorporated DBI.
Little Roberts: Second.
De Weerd: I have a motion and a second to approve Item 7-J. If there is no discussion
-- okay.
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: Madam Mayor, sorry. I'm just trying to figure out dates here. So, if -- if we
approved it on the 5th, there is not time to fund within ten days after?
Barney: No. I was told by purchasing I had to have the agreement, the PO, and the
invoice down to them by tomorrow, so that it can go on next week's Council agenda and
that they can get payment to Discovery Benefits by the 15th.
Nary: Madam Mayor, there is --
De Weerd: Mr. Nary.
Nary: Pardon me. So, Madam Mayor, Members of the Council, there is an additional
week, because if you notice your last item is always those invoices for payment, so -- so
without it, then, this wouldn't be on next week's agenda, it would be on the following
week, which would mean it would be one day before it was due. That was the problem.
De Weerd: Thank you. Mr. Clerk.
Meridian City Council
November 28, 2017
Page 8 of 79
Roll call: Bird, yea; Borton, yea; Milam, absent; Cavener, nay; Palmer, yea; Little
Roberts, yea.
De Weerd: Okay. The ayes have it. Thank you.
MOTION CARRIED: FOUR AYES. ONE NAY. ONE ABSENT.
Item 8: Community Items/Presentations
A. Republic Services and SWAC Report on Changing Market
Conditions for Recycling Mixed Plastics
De Weerd: Item 8-A is under Community Presentations. Steven. Steve Cory from our
Solid Waste Advisory Council is here to provide a report. Thank you for joining us.
Cory: Madam Mayor, Members of the Council, thank you for this opportunity. Steve
Cory. As chairman of your Solid Waste Advisory Commission, bring their greetings and
their -- and on their behalf I thank you for the support that you give us. As I mentioned
at the conclusion the last time I was before you, which we had -- we are seeing some
major changes in the market for recycled materials and as a way of background on this,
what we are talking about is a program China calls National Sword. It's an initiative that
they had put together and it affects the international market for recyclables. We believe
that this is something that China is doing in response to environmental pressures that
they are feeling. However, we understand that they have some conflicts internally on
this, because their manufacturing industries need these feedstocks to go ahead and
operate. Regardless, going back through the history of this, in 2013 they rolled out
Green Fence, which was their name for a process that tried to impede the import of
useless materials and try to get focused on the feedstocks that they wanted and in
February of this year they went ahead and implemented the next phase, which they call
National Sword. In July they went ahead and gave notice to the world trade
organization that they would ban the import of mixed plastic and mixed paper.
Obviously in this discussion mixed plastic would be a single stream that has the
beverage bottles, the detergent bottles, the plastic containers that may be you got
cookies in or other pieces of plastic that may be thrown in and, then, delivered in a
single process. Then in August they went ahead and further refined those streams --
individual streams and developed specifications, which came out with -- well, resulted --
were given to us earlier this month as their purchase orders and the specifications that
they had put on those streams are something that we cannot meet economically. Just
so that you understand, some of the things that are occurring here in the northwest, San
Juan County has completely suspended its collection of recyclable materials and is land
filling them and many of the areas in Washington and Oregon have stopped picking up
the types of plastics, like I said, that you maybe get cookies in or that are dividers in
material, stuff like that, and this has -- this inability to move things out of the ports on the
west coast means that material is building up and going to our domestic mills and so it's
completely affecting our -- our current domestic recycling program. You know, SWAC
recognized all these economic factors and we understand the pressure that we get from
Meridian City Council
November 28, 2017
Page 9 of 79
the public, that people want to recycle because it's the right thing to do, but we now
have recently the changes that have occurred as a result of Republic sending a letter to
the city of Boise and to the county -- Ada county requesting that they no longer collect
the other types of plastics, with the exception -- the only plastics that they would pick up
would be beverage bottles, milk jugs and detergent bottles and so that's under
consideration at this particular point and that's one of the reasons that I stand before
you, is that I will go ahead and work with the Solid Waste Advisory Committee for the
county on this subject on December 12th at their next meeting and I want to make sure
that I am bringing forth Meridian's view on this change. The reason that the two letters
have come out so far is because those require ordinance changes for Boise and for the
county. That's not necessary for Meridian. So, if this were to occur we wouldn't have to
be requesting an ordinance change. However, Republic and Western would go into a
pretty major public relations campaign to explain to the Treasure Valley that there is a
difference in what can actually be put into the recycling bins. Another possibility is is
that Boise doesn't want to go down this path directly and they are looking at the viability
of having available to some of their citizens a -- a bag that you can put these other
plastics in and, then, this yellow bag goes into your cart and, then, when it gets to
Western it's pulled out, but those other plastics can go down to Salt Lake and be
redissolved back into actually a petroleum product, but it's very expensive. It would be
possibly of the type of deal of producing something that would be a hundred dollars a
barrel for this type of petroleum, crude petroleum product, versus the 50 dollar barrel --
per barrel that you would get for natural petroleum. So, it's a highly subsidized process
if something like that were to occur. I want to mention that it's my understanding that
Republic will be sending a letter to the City of Meridian very soon and it will be informing
of this change that they want to implement and I guess with all of this I felt like it was
necessary for me to stand before the Council at this point to field your comments or
questions or anything that you may hear or think of in relation to this and I certainly
stand for questions and Rachele Klein is here with Republic and would be more than
happy to answer your questions, too.
De Weerd: Thank you, Steve. So, with -- with Boise considering the yellow bag, are
they going to, then, add cost to their citizens in doing so?
Cory: At this particular point apparently they have a pretty substantial grant from
Dupont and they will be going with this grant with Dupont. They are changing the
process, so that it could be used valleywide, but people would have to pick up the bags
themselves from some locations, but as a result of that that grant would cover the cost
initially. I don't know whether that would be an ongoing process and whether there be a
cost down the road or not.
De Weerd: Council, any questions for Steve?
Bird: I have none.
Cavener: Madam Mayor?
Meridian City Council
November 28, 2017
Page 10 of 79
De Weerd: Mr. Cavener.
Cavener: Question for either Steve or Rachele. I just want to make sure that I'm
understanding correctly. This letter that's going to arrive, is that letter going to be
advocating, then, for the city discontinuing the comingled recycling program as we know
it?
Klein: Madam Mayor and Councilman Cavener, no. So, it is a substantial change to
the existing program and the existing plastics only at this point. So, we are able to
accept and there are markets for ones and twos, which are really the bottles that have
threaded necks. So, it's the milk jugs, the juice jugs, the detergent jugs, pop bottles,
things like that. So, the change would just be in plastics. We suffer from a lot of film,
like newspaper sleeves, dry cleaning bags, grocery bags, things like that, we have got
to get all of those plastics out to keep the program viable and so by saving just the
bottles with the threaded necks that helps us keep some plastics in and so the rest of
the program at this point in time would remain unchanged, unless mixed paper
becomes an issue as well and that's something that's being discussed at the global
level, too. So, this is something we don't have any control over. We have been
subsidizing it for a while, hoping that it was just a reset in the Asian market and it's not,
it's proving to be not just a reset, it's a long-term change and part of that is in the past
the cheaper three through seven plastics were used as a fuel source for manufacturing
and now China has really shifted to more natural gas and they don't have a need for
those plastics. So, there is really no market that's durable. Some of them currently are
going to Indonesia and Malaysia, but those are not durable markets. So, it would really
locally just affect us in the sense that we could only take the bottles with threaded
necks, really, for the most part.
De Weerd: I think because the criteria for recycling and the comingling has become a
lot more specific, we need to have an extensive public education campaign. I think I -- I
have heard from a couple of citizens that saw their recyclables being dumped in the
regular trash and didn't realize that -- I mean the pizza box in there or -- I don't know
why people think paper towels are recyclables, but that -- that contaminates that stream
and so I think just an education campaign, again, to -- to say what is a recyclable that
should be put in that bin is probably timely.
Klein: Yeah. I agree.
De Weerd: Especially with Christmas coming and wrapping paper and that sort of thing.
If -- if SWAC and Steve, if you can bring back to the county that this Council would love
to have an update on what the public relations plan is, what that's going to look like, how
it's going to be rolled out and that sort of thing, that would be very helpful. Any further
questions from Council?
Little Roberts: Madam Mayor?
De Weerd: Mrs. Little Roberts.
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Little Roberts: Rachele, Steve, do you have a potential start date for this change?
Klein: Council Woman Little Roberts, it would be January 1st. So, it's really imminent.
De Weerd: Yeah. And so if the public relations campaign isn't out there like tomorrow,
will you not be accepting what is in the recycling bins?
Klein: Madam Mayor, we will be -- continue to accept what's in the recycling carts at
this point in time. We have another meeting with Ada county SWAC, which is -- really,
it's representatives from all of the cities together and so Steve represents Meridian and
he also happens to be the chair of that committee. But we will be getting back together
on December 12th, which seems kind of late to really stack hands and say what is this
outreach campaign going to look like, because we want to make sure it's consistent
through every city. So, it's going to be consistent, actually, throughout Ada county and
we will be putting that -- our heads together on what that's going to look like on
December 12th and, then, immediately after that we will start rolling out communication
after that. Is that your sense as well? And I'm sorry it's taking so long, but we have to
have -- make sure everybody is together with the -- what we are going to do and how
we are going to reach everybody.
De Weerd: So, it's in effect on January 1st, but you will be accepting --
Klein: Yes. Yes.
De Weerd: Okay.
Klein: We just have to subsidize -- as it's pulled out at Western Recycling we just have
to have -- like the last month our bill was over a quarter of a million dollars to Western
Recycling -- just under 300,000, and that's for pulling out all the contamination and
materials that are not accepted. So, the sooner the better for us, that we will absolutely
continue to accept it until we get everybody educated.
De Weerd: Right. Okay.
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: Madam Mayor. So, since we got about 50 percent of Meridian here tonight,
you said ones and twos are what you want?
Klein: Yeah. Yeah.
Palmer: Not three through seven?
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Klein: So -- right. So, every plastic item has the chasing arrows inside. It's one through
seven and it's a little bit tricky, because if you can wiggle it, it can't go in. So, that's --
any of those filmy plastics -- if you get a flat of waters and that plastic wrap, that can't go
in. Clear tall, you know, kitchen bags cannot go in. Anything that's wiggly cannot go in.
It has to be left loose in the cart and those low end plastics, the three through seven,
are really like your dairy tubs and things like that, clamshells from restaurants, those all
-- the easiest way to describe it is if you have like a milk jug or a pop -- two liter pop
bottle or detergent -- something that has a threaded neck and you can screw the lid on
or off, those are all items we can still accept and there is still a market for those. So,
that's probably the easiest description. Which, really, plastic is only eight percent of
what we collect for recycling by weight and half of that is contamination. So, really, if we
just target the things that we are allowed to accept it shouldn't be that big of a change.
It's just reaching everybody to let them know I guess.
De Weerd: Are water bottles continue to be recycles or --
Klein: So, you know, that's really interesting that you would ask. That is a service
sticking point. So, the answer is, yes, those water bottles are -- water bottles are
recyclable. The thin ones, like you have there, technically are not, because they are so
thin they get kicked out and over to mixed paper. So, if they make it in with the plastics
they are recyclable, but if they get caught in with the mixed paper because they are so
thin, then, they become a contaminated and our thought is if we pull out all the other
contamination like we are talking about, Western said they can pick up 40 picks per
minute I think is what -- they have a line of people that pick out contaminates, but if we
take out all of the rest of the contaminants, then, those water bottles should be easy for
them to grab and put in with a -- with the truly recyclable ones and twos. That's what we
are thinking. So, I would say still leave those in at this point. Yes.
De Weerd: Okay.
Klein: I know. It's more than you want to know, but --
De Weerd: I think it's going to be important -- you know, those that -- that are recycling
to be environmentally a contributor, they are going to want to do it right and so --
Klein: Yes. We appreciate that.
De Weerd: Okay. Any other questions from Council? Thank you for the update and
maybe, Mr. Nary, you would participate -- oh, no. That's Andrea. If we could get an
update after the county meets to know how they are best moving forward on the 19th
that would be great.
Klein: Okay. Thank you.
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B. Community Development Block Grant Program Consolidated
Annual Performance and Evaluation Report for Program Year
2016
De Weerd: Thank you. Okay. Item 8-B is under our CDBG and Chris.
Pope: Madam Mayor, Members of Council, good evening. So, I'm here today to
present to you another report plan that we do as part of this Community Development
Block Grant program. At the end of September this last year -- and we, obviously, had
the fiscal year end of our community -- of our city here, but at the same time we have
the program year end for the Community Development Block Grant program and as is
required, the US Department of Housing and Urban Development requires that every
city who receives funds from HUD to go through a review and evaluation of the
performance and the utilization of funds during the last program year. So, in terms of
moving forward for the sake of ease of my communication, I'm going to refer to program
year as PY, so when I say PY-16, I mean program year 2016 and this report, which is
called the Consolidated Annual Performance and Evaluation Report as the CAPER, just
for the sake of ease there. So, first, what the CAPER is -- the PY-16 CAPER here is,
essentially, just an evaluation of the performance of the program in terms of how we
define what the city wanted to do in our last five year consolidated plan. This is the last
year of that consolidated plan, so this is kind of the culmination of did we even come
close to doing what we said we wanted to do. This report is designed to give us that
information. In addition, obviously, there is going to be an accounting for the use of the
financial resources that are -- that are part of this program. In addition, the report looks
at the procedures and processes of the program on how timely and effective the
programs were in delivering what they said they were going to deliver and using the
funds. In addition, looking at some of the decisions that were made, whether it's to fund
certain projects or to defund other projects, to justify those to the federal government
and, then, also to recognize any accomplishments or goals that were met or not met
during this program year. And, again, as I mentioned, this is the last year of our
consolidated plan from 2012 to 2016. This is kind of the culmination that HUD wants to
see what did you do and did you do what you said you wanted and just a reminder that
this program year started on October 1st of 2016 and ran through the 30th of
September of this year. So, I am federally required to go through each project and tell
you how much was spent. I know it's not the sexiest or most exciting information you
want to hear tonight, but in terms of program administration for this last year, due to
some issues in terms of the management of the funds that -- and a backlog and
different things that have gone on -- in prior program -- program years in terms of
planning and, then, federal statutes and regulations that prevent certain amounts that
can be spent on program administration, we have a smaller budget for salary and
supplies this year. You can see the numbers there. As you all know, we have worked
regularly with the Food Bank to expend all of the funds that they were allocated this last
year. In addition, as you have heard from me many times this last year, we completed
the consolidated plan moving forward for the next five years, which I guess I really
should give you a grand thank you for actually approving that and helping move forward
with that. It was a pretty big process all the way around, especially working with a
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November 28, 2017
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consultant on it. It was chaotic at times, but we were glad we got that through. In
addition, the Mayor's office was able to complete the senior resource guide with the
utilization of the 5,000 dollars of the fund that, essentially, just kind of aggregated all the
information that seniors in the community might find helpful or useful, different
resources they might need access or information about and that was completed this
year. The Ada County Housing Authority utilized 65,000 dollars to provide home buyer
assistance for new home buyers wanting to move into Meridian. There -- the Storey
Park restroom accessibility upgrade, which was, essentially, to allow that public facility
to become ADA compliant, was completed this year as well. This last year is all the
projects that we -- we completely finished up this last year. The 2015 program year was
a little bit chaotic. There were some projects that were coming in, some that were going
out, some we were excited about that dropped out, different things were going on. It
was a little -- a little messy. This year was kind of playing catch up and we feel really
good in the department about what we have been able to get done on this list here. In
terms of what we still currently have open right now, the first I want to note is the Boys
and Girls Club scholarship program. That's only open in terms of being a formality. All
of the funds have been allocated and, then, it's just waiting to get the check cut to send
to the Boys and Girls Club for their services. We are moving forward with the street
light design and construction project. We have two of them with an allocation of over
300,000 dollars at this point to provide new -- the construction of new street lights in the
community where they are needed, particularly in low to moderate income areas. We
have one of those projects under contract with -- the construction start date is supposed
to be tomorrow and the other one we are going to the bid process with right now. Jesse
Tree homelessness prevention program utilized about half of their allocation. They are
on track -- they are on track to get the rest of their allocation utilized in helping people
avoid homelessness in our community. In addition to Neighbor Works also providing a
Boise home buyer -- Neighbor Works Boise providing home buyer assistance. There
were some delays there in terms of their utilization of funds, but that's transforming and
moving forward and they are hoping to help a good number of individuals here in the
next couple of months. In addition, we completed the slum and blight plan. This is one
we haven't talked about a lot. You're going to hear from me again in two weeks about it.
We completed the work on it. We did an assessment of the downtown core, some of
the area, and trying to find some more information about what opportunities we might
have to have more leniency or flexibility with funding development and infrastructure
and projects in the downtown area based on a slum and blight designation and, again, I
will come to you guys in a couple of weeks with more information asking for an approval
of that plan. But just know that that one has been totally spent down, it's completed,
and we got some formal processes to get through on that one. And, then, the Meridian
Elementary picnic -- the picnic shelter project and the field reseed, we have run into a
lot of delays with that one -- without getting too much in the weeds, we are moving
forward. We finally got some of the shipping and equipment problems out of the way ,
but that one is moving forward as well. So, just to give you an idea of the money that
we still have outstanding here -- again, I have got to make sure you guys are -- I am
federally required to talk about all of the -- the dollar signs here. With the street light
projects we have sitting about a little less than 300,000 dollars left. That, again, is on
schedule moving forward pretty well. Another 66,000 with the Meridian picnic shelter.
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November 28, 2017
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Slum and blight plan has nothing left. But, again, it is still open. Another 30,000 dollars
with the home buyer assistance sitting in the bank and the MDC sidewalk design is
moving forward as well. And, then, again, about half of the allocation for Jesse Tree
rental assistance program is going on there. If you have any questions about any of this
let me know. Again, this is kind of the -- the deep weeds here, but if you are interested
in knowing why -- why isn't this program -- or project moving forward, why is there this
much, why is there this little, feel free to contact me or talk to me, ask me any questions
at the end of this presentation as well. And so the part that I am really excited about is
the accomplishments. What we have been able to do here and I know there has been a
lot of skepticism in the community, sometimes questions from Council about the value
or validity of this program, what is it really doing to change our community to help it. Is
this philosophically something we want to be involved in. So, in terms of what we have
been able to do this year with these funds, we have spent about 81 percent of those
funds on low to moderate income residents of our community. The other nineteen
percent is spent on administration and planning. It's generally common practice for that
to be the case. There have been over 85,000 residents who have received some kind
of public service through this program over the last year. Now, that seems like a big
lofty number, so in terms of what is reported to us and how it is tracked, somebody who
receives services every month is counted each month. So, there is some -- some
duplication in terms of that number. We don't see 93 percent of our community needing
public services through this program, but in terms of the sheer number of people who
come and ask for assistance, who are in need of assistance, based on what we can
provide right now, that's the number that -- of people that we are working with. There
have been five families, all of which have a number of kids, have received help in terms
of receiving assistance for buying a home in the community. Another 22 families,
particularly the children, are given access to the Boys and Girls Club's after school and
summer programs. Now, this is one that is pretty crucial to these families. A lot of -- a
lot of these individuals come from single parent households, who work two jobs and
really struggle to provide for their family and this scholarship essentially provides child
care, education, food for these individuals and these kids. They -- they consistently
praise our -- our willingness to support them on this. Another five families were -- were
completely able to avoid homelessness due to Jesse Tree's emergency rental
assistance program. So, that's five families that didn't get put out on the street because
they were able to just get a one-time quick pick up from Jesse Tree. In reference to the
senior resource guide, over 900 seniors now have access to this information and that
information is readily available throughout the community. Another -- more than 7,000
individuals have been able to access food through the Food Bank. This number doesn't
really do justice to the work that Dan and the Meridian Food Bank do in our community.
They regularly serve over 50,000 individuals a year, but they only submitted draws and
reports to us for three months this year before they ran out of money to ask for. So, this
is just a representative from May to August or the time that they were really utilizing
their allocation. We expect another 50 to 60 thousand people to be helped through their
services outside of what we fund through this program. Another three new plans that
were direct future work were created this year in terms of the action plan, the
consolidated plan, and our slum and blight plan. It's something I wanted to note here,
because those plans really will help dictate a lot of how we can maneuver through the
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future and what goals we have. Each of those plans required some kind of public
process and serving in order to get information about what the community is in need of
at this point. Utilizing that information, along with the -- the community survey that was
done earlier this year, gives us a really good idea of how the city is moving forward,
what their needs are and what we could possibly do and what you can do as legislators
to make a change and we have had that one new public facility in terms of that -- that
restroom upgrade that was completed, but there are more coming with the street lights,
the MDC sidewalk project, and a number of other things that are kind of in the hopper
right now. So, the big thing that HUD wants to know is did you do what your comp plan
said you would do and the short answer is absolutely. We blew him away. So, in 2012
we set goals to help seven -- seven families address the need for affordable housing or
find affordable housing. We have helped 16 over the last five years. On public services
we were hoping to help about 10,000 individuals. We have helped over 238,000
people. Again, a big pat on the back there to the Meridian Food Bank for -- for bearing
a lot of that load, but they really do a lot of fantastic work through this program and
though other funding sources in our community. I don't think that -- that point can be
belabored enough. In addition to that, in terms of public facility improvements, we were
looking at hoping to do three improvements to public facilities and infrastructure here in
the community over the last five years and we completed five. So, in terms of the goals
that you approved that you reviewed, that the federal government is holding us all
accountable for, for the utilization these funds, we did great. We did what we said we
were going to do. So, that public accountability portion of it is -- we are on the right
page there. So, I also wanted to review some of the other activities that the program is
involved in. So, there is Ada County Continuous Care, which is a regional
homelessness coalition that tries to find ways to prevent and eradicate homelessness in
the community. We have a -- due to some federal requirements and also just due to --
through coordination with other communities, we have kind of expanded our support of
that -- of that program in a way where we have representatives now on the fair housing
working group, on the performance measurement working group, on the housing and
affordable housing committees and also on the executive committee. Now, this is -- this
is a fantastic way to kind of coordinate all of the human services, support services,
organizations, whether they are nonprofit, public-private, all the funders into kind of
striving to address some of the housing issues that we are facing all across the
Treasure Valley. In addition to that, working with the housing and homelessness
roundtable in Boise is something that we have had our foot in for a while, as is the
statewide Idaho Fair Housing Forum, as is part of this program and this is mandated by
HUD. The community here is required to be part of fair housing discussions, as well as
affordable housing discussions in finding ways to remove impediments to both of those
being implemented in our community. So, that's kind of a quick list of the main ones
going on, but there are other local, regional, and state groups and organizations that we
are a part of in terms of conversation participation, in order to -- to help understand what
the issues that we are facing are and how we can overcome them as a -- as a broad
coalition of people who care I guess. So, also moving forward -- I guess before I get
into talking about what -- what we have to report in terms of what we are shooting for for
this next year in terms of program management, this -- this 2016 CAPER is not offering
any ideas, it's not asking for approval of any use of funds, it's simply just a review. It's
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for you to see this is what we did in this last year. We like it. We don't like it. Either
way. It's -- it's just supposed to be a general transparent accounting of what happened.
But we do have to self- evaluate in terms of a program and kind of determine how we
want to move forward to increase efficiency, timeliness and other things of this sort. So,
some of the things that are kind of on our table right now from the internal program
management point of view is maintaining a timely distribution of funds, meeting
deadlines, revamping how we monitor projects to make sure that we don't run into
things like we did in program 2015 where we all of a sudden lose the ability to fund a
certain program or we fund them and it doesn't work out in the right way, being able to
monitor and understand -- making sure compliance factors are -- are in the right place,
so we can move forward a lot quicker and more efficiently. We are also hoping to
improve procedures to analyze risk, labor, and cost of some of the projects, so that we
don't get ourselves involved in something that we should have known about before and
that's generally not something we have come up against, but having a procedure in
place to easily manage some of these things is something that we are looking at, as
well as enhancing the organization of the administrative side of this position and
program, so that we can be more compliant, we can be more efficient and we can
remove some of the time and resource burden that is often kind of confused with -- with
some of these programs. In addition we are going to work, obviously, to complete the
next set of five year goals and, then, further expand our participation and partnership in
the regional efforts, particularly this -- this last consolidated plan brought up the ideas of
domestic violence, of transportation, and affordable housing. Those are going to be
new things that we are kind looking at as a program to start a conversation about
regionally to see what we can do to rally the troops to start meeting some of the needs
our community members have in those areas. So, I'm giving you this information now,
so I don't have to repeat it to you later. Also just to note -- as you -- as you understand
when it comes to these kind of presentations there is a public comment period and a
public process for all of these reports. This report does have to be submitted to HUD. It
does need to be adopted by resolution by Council. It does have to go -- undergo a
public comment period and a public hearing. So, today is the first day that we are
taking oral and written public comments from the community. This report is available for
review both online on the website, the CDBG -- Meridian CDBG and in person here at
City Hall and, then, on the 19th that public comment period will close. We will have a
public hearing for any comments. Again, this isn't necessarily -- while this isn't
inherently a report that is offering new ideas, this isn't a report that's looking at the value
or validity of the program, it's just simply to review this is what we have been doing. So,
I'm more than happy to take any questions now or on the 19th when we go through this
little -- this public hearing again. But that's what we have been doing. The last 12
months this is how we have been playing the game and we are moving forward trying to
increase the efficiency and the timeliness of this program, reducing some of the
administrative burden, the cost burden on the city and moving it towards the community
members as it's designed to be. I will gladly stand for questions at this point.
De Weerd: Thank you, Chris. I think this is the most comprehensive update that we
have seen. So, thank you for that. Appreciate all the detail and -- and how the reach of
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these dollars are impacting our community and certainly those that are in the LMI
categories. So, thank you for that. Council, any --
Pope: Madam Mayor, sorry, if I could -- just quickly. If anybody has any questions on
the demographics in terms of race, ethnicity, gender, income level for any of the --
anything to do with this program, we are required and due track that information, so I
didn't include it here for the sake of not getting too far in the weeds, but if you are
interested in knowing any that information, please, let me know and I can provide that to
you.
De Weerd: Thank you. Council, any questions?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Chris, I think we had one recipient from the Northwest Home Buyers
program. It didn't look like they have spent any other money that they have been
allocated. Did I see that wrong or is that accurate and if that is accurate what happens
moving forward with them?
Pope: Madam Mayor, Council Member Cavener, so it was really interesting -- really
weird scenario. So, Neighbor Works Boise earlier this year received a large -- couple
million dollar grant from Wells Fargo. The Wells Fargo Bank. And they were told that
that money was to be utilized and leveraged with other funds in order to provide down
payment assistance for people who want to buy a home in -- in the county. Or I guess it
was state funds, so in the state. The -- the idea was that after any client who was
interested in that program would apply for the Wells Fargo grant and, then, they would
apply for the Meridian grant, the Boise grant, whatever grant else is out there to
leverage those funds with and so in early summer they stocked up a list of like 20 to 50
people. I don't remember the last count. People who were like, yeah, we want a home,
this is really going to help us on their private funds. This is really appealing to a lot of
people and -- but they had found a cut -- an adequate number of Meridian -- of
individuals wanting to move to Meridian who could leverage CDBG funds with those
private funds in order to help them out. Well, come -- as the process went on the
realization was that, no, CDBG was one of the programs that was exempt from allowing
leveraging of funds with this private grant -- that private grant, so the difficulty it came
down to was that the moment that that private grant was, then, awarded or approved for
any -- anybody wanting to move to Meridian, which was everybody, because they have
got a pool of millions of dollars to use, anybody who, then, wanted to apply for the
CDBG funds couldn't do so, so the conversation was had in the end of summer about
what's going on in conversations with Bud and Patrick, who both kind of run the
program there. We came to an agreement that, hey, we will give you until the end of
March to do this, but we want you to start -- we want you to commit to start utilizing
these funds by the end of December, start using those, helping individuals, and we
committed them to a certain -- a certain grant schedule I guess you could say, so an
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unfortunate opportunity come and just fell through the wayside for that situation. They
have been regularly one of our greatest and easiest partners and it has been
unfortunate to see all of their funds kind of just completely sitting around doing nothing
for now.
Cavener: Thanks.
De Weerd: Okay. Anything further from Council? Thank you, Chris.
Pope: Thank you.
Item 9: Action Items
A. Public Hearing for East Ridge Estates Subdivision (H-2017-
0129) by DevCo, LLC located north of E. Lake Hazel Road,
west of S. Eagle Road
1. Request: Annexation and Zoning of 40.99 acres of land with
R-4 and R-15 zoning districts
2. Request: Preliminary Plat approval consisting of 139 building
lots and 7 common lots on 40.99 acres of land in a proposed
R-8 zoning district
De Weerd: Okay. We will move into Item 9 under Action Items. 9-A is a public hearing
for H-2017-0129. I will open this public hearing with staff comments.
Beach: Thank you, Madam Mayor, Members of Council. So, this first project here this
evening is East Ridge Estates. It is both an annexation -- an application for annexation
and zoning and for a preliminary plat. The site consists of approximately 40.99 acres of
land. It is currently zoned RUT within Ada county. It's located north of East Lake Hazel
Road and west of South Eagle Road. Adjacent land use. To the north is single family
residential property in the Blackrock Subdivision, which is zoned R-4, and undeveloped
residential properties, zoned RUT, which has recently come forward with the Sky Mesa
project. To the east is one single family residential property -- residential home and also
undeveloped property, which are both zoned RUT in Ada county. To the south is East
Lake Hazel Road and properties zoned RUT in Ada county. And to the west is a single
family residence, zoned RUT. A little history on this project that probably most of you
remember. In March of this year this application was remanded back to the Planning
and Zoning Commission in order for the applicant to work with the surrounding property
owners. The previous proposal included 117 single family lots and, then, a proposed R-
8 zoning district, with a gross density of 2.85 dwelling units per acre. The
Comprehensive Plan future land use map for this property is both low density residential
and medium density residential. So, the applicant has applied for annexation and
zoning, as I said, of 40.99 acres of land with R-4 and R-5 zoning districts. Staff believes
the proposed zoning designations are consistent with the policies in the Comprehensive
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Plan. The applicant proposes in this case -- the current proposal is for 139 single family
residential detached homes shown here on the preliminary plat. So, as I said, in
comparing the two -- back in March was 117 building lots, 14 common lots, on 40.99
acres in a proposed R-8 zoning district. That was for five phases. As I said, the density
was 2.85 dwelling units per acre. That's the gross density. Lots ranged in size from
6,600 to 12,500 square feet, with an average of 9,400 and that was for the previous
plat. This current plat is for 139 building lots, seven common lots, on the same acreage,
with proposed R-4 and R-15. As you can see here on the plat itself, the portion that is
proposed to be R-15 is this area within the dashed line is what they are -- the applicant
is calling The Village products. There are age restricted 55 and older portion. And the
portion surrounding that would be the -- R-4 zoning. Getting back to the differences.
This would be in three phases. The gross density of 3.39 versus the previous 2.85 and
lots ranging in size from 5,300 square feet to over 12,500, with an average 36,720
square feet. So, there is -- there is some larger lots surrounding the 55 than there were
with the previous plat. So, just -- just comparing the two. The applicant is proposing to
develop the East Ridge Estates Subdivision, as I said, in three phases. Phase one is to
commence off the stub street from Cyanite and generally continue from the north to the
south. In general staff is supportive of the proposed phasing plan. Madam Mayor,
Members of Council, also we received a letter from the applicant that I have given to
each of you with a number of things that the applicant has agreed to do. As part of that
they are agreeing to -- I believe to construct a construction access to Lake Hazel to limit
the construction -- large construction vehicles coming through the Blackrock
Subdivision. So, that's a concession that was offered up to the neighbors. So, access,
as I said, is proposed for this site via one access from East Lake Hazel and be an
extension of the existing stub street from Blackrock Subdivision, which is East Cyanite
Drive. The majority of the proposed streets depicted on the plat are public, with the
exception of the streets through the -- what the applicant is calling The Village or their
age restricted community. These cottages will feature private streets with multiple
common driveways. It contains 98 residential home lots and the applicant has provided
two gated entries for the residence. The main entrance off of the primary subdivision
road, which is closer to Lake Hazel, and the secondary would be off here that would
connect with the public road system in this location. The Village homeowners
association -- excuse me. The private streets will be owned and operated by The
Village homeowners association, with repairs and maintenance paid for by that -- that
HOA. So, as I said, the applicant is proposing to install two gates to restrict vehicular
access to the private streets to those who live in that area. The applicant did receive
alternative compliance to allow for the common driveways off of a private street and
also to remove the requirement that two additional pedestrian slash bicycle access
points be included on the private street. A total of 4.32 acres or 10.54 percent qualified
open space is proposed, consisting of half a street buffer on East Lake Hazel Road.
Open space that exceeds 50 by 100 feet. Fifty feet by one hundred feet. Excuse me.
And eight foot wide parkways along local streets and internal common open space
areas, which appear to comply with that requirement. The applicant intends to have --
intends to have separate amenities for the age restricted portion of the project, based
on the area of the preliminary plat or, as I said, 40.99 acres. Staff requires a minimum
of two qualified site amenities to be provided. The applicant proposes to provide
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amenities specific to The Village concept and other amenities that would be for the use
of the estate lots. The amenities that would be shared by both the estate lots and The
Village concept include a neighborhood park that includes a large grassy area, a shade
structure, and sitting areas. The applicant has submitted some conceptual elevations.
As I said, this is the proposed plat. This is the proposed landscape plan with the larger
open space area here that would be shared. A common area in this location where my
mouse is that will be for The Village concept. The way the applicant has couched this --
and they can explain this a little bit further -- similar to what was approved with the --
with the Movado Subdivision. Amenities that would be specifically allowed for residents
of the age restricted would be located within that community. Those residents would
also be able to use the amenities in the larger subdivision, but not the other way around.
The residents on the estate lots would not necessarily be allowed to use the amenities
within The Village concept. So, getting back to the conceptual elevations. As I said,
these are similar to what has been seen previously by the applicant. Larger estate
homes. And this is the development agreement for this. Getting back to that -- so, the
applicant for any attached product would be required to go through design review. The
Commission did recommend approval of this. Summary of the Commission public
hearing. Mr. Conger, the applicant, is in favor. Kathy Baumgartner, the neighbor to --
immediately to the east -- or, excuse me, to the west was also in favor. In opposition
were Susan Karnes, Jim Stroo, Christine Herwy, Annette Alonzo. Commenting were
Susan Karnes, Jim Stroo, Christine Herwy, Annette Alonzo, and Kathy Baumgartner.
We have received written testimony from Susan Karnes, Susan and Ted Bowman,
Melody Wheeler, the Meridian South Rim Coalition, Jim Stroo, and Kathy Baumgartner.
I was the staff presenting the application. Key issues of public testimony were the
additional traffic through the existing Blackrock Subdivision and out to Eagle on
Taconic. Density of the overall development was a concern. The feasibility of having
age restricted housing in this location was a concern. Proposal to use city water for
irrigation purposes due to the lack of water rights for the proposed property. The
Council in a previous hearing asked the applicant to come back with an R-4 project was
a concern. And concern that this was not all an R-4. Concern was the size of the
proposal lots up against the Blackrock -- the large Blackrock lots. The appropriateness
of placing the slope in an easement, rather than in a common lot and what the, quote,
natural vegetation was. The issues of discussion by the Commission were the average
size of the lots that would be adjacent to the Blackrock lots. Open space and proximity
to the proposed city park. The transition from the surrounding neighborhoods and the
transition from the proposed age restricted lots. The Commission did not make any
recommended changes. Outstanding issues for City Council were they removed
Condition 1.1.1E and 1.1.2K. I will also say that the applicant in your letter has
indicated that they would like to make some -- some changes or some things added to
their development agreement. As I said, the Commission did recommend approval.
Did receive a large number -- without going through the large list here of the applicants
-- or, excuse me, of the comments received listing issues of concern or the density of
the 55 and older portion of the property. Concerns of traffic. Lack of water rights to the
property. And a request to use city treated water for irrigation purposes. Lack of
transition from the estate lots to the north. An increase in the number of buildable lots,
among others. With that I will stand for any questions you have.
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Bird: Madam Mayor?
De Weerd: I think there is still staff comment.
Beach: There is. Kyle would also like to include some comments on water.
Radek: Thanks, Josh. Madam Mayor, Council Members, I just wanted to make some
brief comments about the concerns raised regarding the potential use of city water for
irrigation in this development. First of all, we would just like to note that city code does
allow a waiver to the requirement to provide a pressurized irrigation system from
surface water. It has been applied for before and some developments do use city water
for irrigation. Second, if it is determined that city water will be used to supply irrigation,
as well as in-home use for this development, the water plan distribution system in this
area is robust and has ample capacity to provide such service. As an example, our
current peak demand for this entire pressure zone is about 50 gallons per minute. Our
pumping capacity in this pressure zone is over 5,000 gallons per minute from different
locations and we can provide fire flows over 2,000 gallons a minute at almost any place
in pressure zone five. We -- we do note that this general area has some water quality
issues, like brown water or red staining of fixtures. These aesthetic water quality issues
are a challenge in various areas throughout the city. In this area water quality problems
are made worse by the fact that there is so much water main and so few customers.
So, you have a lot of resident time for the water to settle out materials like manganese
and iron in it. So, the addition of more customers will actually help to reduce the age of
water in the system, which will improve the water quality and those are just the brief
comments I wanted to make and I'm available for any questions you might have now or
during the hearing. Dennis Teller, our water superintendent, is also available to answer
any questions you might come up with.
De Weerd: Thank you, Kyle. Mr. Bird.
Bird: Madam Mayor. Josh, we got some funny math here. The lots range from 5,313
to 12,500 and the average is 36,728?
Beach: I may have a -- I may have a comma in the wrong place.
Bird: And we turned down a 2.85 dwelling units per acre, asked them to remand it and
now we are coming back with a 3.39 dwelling units per acre. Is that right?
Beach: Correct.
Bird: Okay. Thank you.
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
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Palmer: Madam Mayor. Kyle, in the areas of the city where -- where city water is used
for irrigation -- I know it's probably an unimaginable way to ask this, but how much does
the irrigation affect the -- I guess is there a large effect on -- on the water -- pressure of
the water usage from irrigation, as opposed to just normal usage of the water? Does it
make a huge difference or would it just help facilitate the -- the problem that we have
got with the brown water?
Radek: Madam Mayor, Councilman Palmer, I think I understand your question. We
have between 15 and 18 percent of our customers right now have city water for
irrigation and mostly in the older parts of town and we don't see any pressure
fluctuations due to the use of irrigation. It's such a -- it's such a small percentage of
what we design for, since we design for fire flows. We have eight inch mains that will
carry 2,000 gallons a minute to a hydrant. So, if a bunch of sprinkler systems are using
five gallons a minute for a station, it -- it doesn't have much in an effect.
Palmer: Madam Mayor?
De Weerd: Yes.
Palmer: So, then, there is -- there is no problem for us being able to deliver it, just the
only downside would be the customers that are, then, having to pay the additional --
Radek: Madam Mayor, Councilman Palmer, I -- I think that's -- that's the big -- that will
be the big issue is -- is once they get their first bill for using city water in July, they will
be the most conservation minded waterers we have in the city and so they will probably
use even less.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Kyle, you talked about that the applicant is able to use city water via a waiver.
Can you provide us some explanation as to why you require a waiver and why this isn't
just general business practices to allow, you know, a development to connect to city
water for irrigation purposes?
Radek: Madam Mayor, Councilman Cavener, this is a little bit out of my element. In
1999 the state passed a law that said -- it encouraged the use of surface water as the
first source for -- for irrigation throughout the state and I believe that shortly after that
Meridian passed their code to support that and say where there is -- where there is a
source of surface water you're going to use that for irrigation first and -- and that's why
we have that, because we have all these farmlands that have surface water and if we
are not using that surface water it's just surface water that's going -- going to Oregon
and is going to get wasted.
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Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: An additional question. Kyle, if an applicant, then, receives a waiver and
uses city water for their irrigation purposes, is each home or each user, then, also
required to have the back flow device that we have to test on a regular basis?
Radek: Madam Mayor, Councilman Cavener, I believe the -- the intent in this would be
to have -- especially since the applicant has applied for water rights, there would be a
separate system and Mr. Conger can answer that and correct me if I'm wrong, but I
believe the intent is to have a separate system, just like you have a PI system, except it
would be you would have a single point connection for the city water, rather than like in
the old parts of town where everybody just runs their water system through their normal
meter.
Cavener: Thank you.
De Weerd: Any other questions at this point from Council? Mr. Palmer.
Palmer: Madam Mayor. Would it, then, cause an issue with the -- the billing of it if -- if
they were running off of a mutual sprinkler system?
Radek: Madam Mayor, Councilman Palmer, I thought the same thing as soon as I said
that. So, I guess I'd like to hear from Mr. Conger what he's proposing, but there is --
there is options. They could submeter -- you know, even if they have a separate system
they could -- they could do their own meters back behind -- or they could have some
other kind of arrangement for paying. But I don't know exactly what they plan to do.
De Weerd: Okay. Any further questions for staff at this time? Okay. Would the
applicant like to make comment? Good evening. If will you, please, state your name
and address for the record.
Conger: You bet. Thank you. Madam Mayor, Members of the Council, Jim Conger,
4824 West Fairview Avenue. Josh is going to put -- put my presentation up on the
screen for us. Certainly a good evening and we are excited to be in front of you tonight
to present the East Ridge Estates. We would like, first, to take a moment back and just
a quick step to walk through the city's Comprehensive Plan and the zoning code as a --
as a refresher. The Comprehensive Plan, as you know, but I will explain why at the
end, we will go through this and this will be quick. The Comprehensive Plan identifies
the land uses and actually regulates the range of densities that are allowed by the city in
the city -- city's codes. The Comprehensive Plan is also used by your Public Works
Department for engineering and planning purposes of sewer and water lines, sizing and
locating water reservoirs, as well as sizing and operating your sewer treatment facility. I
believe this was discussed actually several weeks ago at one of your last Council
hearings as you heard from your Public Works engineering manager on how reduction
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November 28, 2017
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of planned users actually impacts -- impacts the operations budget and taxpayer dollars.
Moving away from the comp plan and quickly to the zoning code, what I have put in
front of you is -- is one of your typical zoning designations. As you can see, it only
regulates the dimensional standards of the potential lots as frontage lot size, as well as
setbacks. All of this, of course, determines the type of housing that can be built, but
nowhere on your zoning charts or in your zoning cord -- zoning code does it regulate
density of any sort. That is the Comprehensive Plan's function. My final point, you
know, R-4, R-15, any of those names have nothing to do, again, with allowable density.
That's the Comprehensive Plan. They are simply a zone that dictates the dimensional
standards. They could be called Zone A or Zone B for that matter. I think R-4, R-8, R-
15, is all carryovers from the old zoning codes that everybody continues to be confused
with in a lot of our meetings. There has been -- as I alluded to, there has been enough
confusion in our neighborhood meetings and previous hearings that I wanted to take a
moment just to clarify the responsible functions of the Comprehensive Plan and --
versus the zoning code and hopefully that will make sense. From a comprehensive
planning standpoint specific to our property, this property starts the transition towards
the medium high density residential to the west and the higher intense neighborhood
commercial to the west and, of course, is kitty corner or immediately adjacent to your
regional 80 acre regional park that will start construction next year. As you can see by
this exhibit, you know, typical comp plan, going through a density calculation where we
always start, you could get up to approximately 213 lots. Our preliminary plat has 137
lots requested. So, our requested density is 35 percent less than what the city comp
plan could -- could ultimately support. The zones we are requesting are strictly for the
purpose of dimensional standards and not for density or the lots per acre. We have
held numerous, numerous meetings over the last five months since we departed from --
from this project and your Council here in March. When we arrived at a general
consensus that a typical R-4 product wasn't the best subdivision or the best lot product
that could be for all interested parties on all sides, we worked diligently again with the
neighbors. We appreciate all the input from the Blackrock neighbors. We worked in
several meetings with them as it relates to the transition of our estate lots and you can
see the transition to -- in the upper left corner to three of the existing homes in
Blackrock neighborhood. That is our impact to them. That is why we focused hard on
the estate lots of the R-4 and we will talk about lot sizes and everything in a minute.
But, again, worked very diligently with them to make a nice transition to the three --
three houses that we are adjacent to on the entire perimeter boundary. However, we
have also worked equally as hard with our west neighbor, which is the Baumgartner
family, who is directly affected on the entire west boundary and you will hear from Kathy
Baumgartner tonight in support of this project. We have worked five hard long months
with her to get this Village product that we are going to talk about in its single level
statue -- you know, status and -- and get it to a point that that neighbor could actually
embrace and enjoy and live next to the project that we are going to bring her. That is a
big deal to us and should be a big deal to a lot of people, as she is the immediate
neighbor next to us. The outcome of our planning meetings with the neighbors, with the
Meridian South Rim Coalition, is the plan that you have in front of you tonight. No, it's
not an R-4 typical plan, we understand that, and we might even apologize for that, but
as we kept going through meeting after meeting after meeting, the R-4 plan wasn't the
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best for our western neighbor, ultimately isn't the best as we walk through the traffic
impacts. What we are bringing is significantly less. We worked a good compromise
with our mix of custom estate lots adjacent to Blackrock. As we noted, those three and
to the east boundary Boise Hunter homes was in -- in front of you before. We kept the
largest estate lots all against our north boundary and the entire east boundary all the
way to Lake Hazel got the benefit of the estate lots. And these are not, you know, a
maximum of 12,000 square feet, these are 37,000 square feet. They all average at just
under a half acre if you take all our R-4 lots of the -- of the rim. It's a direct result of all
parties finding middle ground. Every party gave a concession in this five months,
starting with us, starting with neighbors, starting with Kathy Baumgartner on the west
boundary and all parties. This is rare. Again, I'm beating the drum. This is rare. We
are in front of you tonight with R-15, but, again, all the restrictions that we will come
across here shortly is why that neighbor on the west boundary is here in support of the
R-15, because she doesn't want a typical R-4 next to her with two story commodity type
homes. These single levels fit what they would rather live next to. Now, the fun part of
the presentation. I will quickly run through kind of the important parts. I won't do it too
quickly, but I'm excited to explain the project details and the concessions that we have
made with the neighbors. As noted with East Ridge, we have provided a variety of
housing types, which I think is important for the city as well, not just one product. The
estate home sites in the gold and The Village neighborhood. As I said, the estate lots in
the gold will consist of 41 custom estate home sites, taking advantage of the rim and
everything that we had heard and talked about in the previous hearing. We have an
average lot size of just under a half acre. Again, a couple of larger ones are just barely
under one acre. Of course, they are corner lots, but every corner lot is a little bit bigger
by nature of cutting the pie. Here are a couple compromises that we made with
neighbors. You will see a sheet of them when -- when you get to the Exhibit A that I
would like to insert into the development agreement later in my presentation, but we
restricted the large rim lots to have 45 foot rear yard setbacks. We are at seven and a
half foot side yard setbacks as requested by the neighbors. We also committed to a five
foot open vision wrought iron on every boundary that we have, except, of course, Lake
Hazel will be a solid. But all the neighbors get -- get the fence put up, five foot open
vision wrought iron. We have even moved the park from the location we wanted it to
the location that the neighbors want it. Our western neighbor and several of our entry
neighbors talked about having that green space instead of homes closer to their entry
and you actually saw a condition of approval from staff to move it back to the corner .
We literally begged the Planning and Zoning Commission to leave the park where it is.
We would rather have it on the corner. But I gave my commitment during all our
meetings of all the concessions, the give and takes, I had to move the park to where
you see it today. So, Planning and Zoning Commission in their recommendations left it
where it's located and we would appreciate that -- that today for sure. Running into our
Village neighborhood in the green area with the brown, 96 single level, age-restricted
homes. This neighborhood is just like our Movado community that we were in front of
you a year ago that is underway in Meridian near Overland. This is an age-restricted
neighborhood that is gated for security purposes, as we indicated before. You can see
the beautiful entry with landscape and stone columns. Our home buyers demand a
simple and secure lifestyle, all exclusive maintenance program, which includes full lawn
Meridian City Council
November 28, 2017
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care, snow removal and all exterior maintenance. Our homeowners do not have to take
care of anything. We also have a first class community clubhouse. This is a 3,000
square foot, fully equipped kitchen, well-appointed fitness room, a very large indoor
great room and covered outdoor space, all for functions -- you know, functions as
gathering spots for social interactions. These Village -- moving into the homes from the
clubhouse, these Village homes will be single level. That is the guarantee. That is
going to be in the development agreement. That was the selling point to -- to western --
our western neighbor the Baumgartners, up to 2,000 square foot in size with price
points in the low 300,000 dollars and up and, ironically, I'm walking through the
positives. This traffic is the huge positive. These homes produce 60 percent less traffic
than a typical home. So, yes, we needed R-15. Yes, if you didn't have the single level
restriction and everything that we are putting in development agreement, you could put
two stories on these and have a typical home. These are single level restricted -- age
restricted. Sixty percent less traffic. That is in our traffic -- our TIS study that is
submitted in part of your packet. It is a big, big deal. We are looking forward to bringing
a much needed housing product for our aging community. With this community we
serve that aging community that are finding a great nitch for in our Movado
development, while not burdening our schools and our streets. The traffic is 60 percent
and no one goes to school. So, these are great pockets of neighborhoods to put in
Meridian. In the -- in the previous hearings and meetings we had lots of discussions on
traffic. I beat the drum of the individual house being 60 percent less, but the exciting
thing -- if you took our previous plans, traffic, and, then, compared it to the new plan,
yes, there is a few more homes in it, but the traffic is actually decreased by 32 percent.
It's a third less traffic than the plan we had in front of you in March. So, it's not so much
about the number of lots when you're -- when you're dealing with this age-restricted
product, it's about the quality, the lifestyle and there is simply less traffic, less people
coming in and out, less trips to the grocery store, less trips to the soccer park, less trips
to everything. So, clearly we heard so many concerns about traffic that this large of
decrease has to be a big deal. It has to be. Final item. This was the letter that I
submitted in several more meetings with the neighbors. They did not feel that the staff
report -- it didn't have a comfort level of the staff report and our application, which had a
lot of these concessions in it, would make it into the development agreement. So, I
submitted a letter on November 16th and I amended it today and amended it with the
red, because one neighbor that I talked to again today out of Blackrock had a -- had one
concern about one condition in the bottom of it in red. So, what -- what we have in front
of you today -- Exhibit A is not normal stuff. It is all the concessions that we gave to
produce this great project that you have in front of you today. All of it is -- is going to go
into the development agreement. If something were to -- I get ran over by a bus
tomorrow, the project that's approved is very pointed, that is why our western boundary
neighbor is on board is -- I can't bait and switch. These aren't going to turn into two
story houses with three kids in them. I mean it's -- every bit of this Exhibit A talks about
the -- the restrictions and the development, you know, capping it at 96 Village lots and
41 estate lots, all the way down through the Village product area and we have six estate
lots that actually back up to the Blackrock lots that we are single level restricting -- these
six estate lots that actually back up to the Blackrock lots that we are single level
restricting, these six estate lots, and we are doing that why? Because the western
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November 28, 2017
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boundary -- Kathy Baumgartner is deed restricting -- the only time we deed restrict our
property is if the neighbor would also be restricted. She is deed restricting the future
development of her property to the same amount of square footage that I am, just to
ensure that those six homes that she looks at will be single level. We have worked with
her to do it. This is direct benefit to the Blackrock neighbors. You're going to hear from
after me and Kathy Baumgartner is the one that restricted her property to make this
happen. So, we get sent back again and we go to do a different project that is, you
know, a typical R-4, those single level restrictions are going to go out the window,
because Kathy Baumgartner is not going to be on board with me as my west boundary
and we aren't going to be able to give those restrictions, because we will have other
restrictions that we will have to -- or other, you know, concessions, not restrictions -- as
other concessions we will have to give. I could talk all day about the benefits of this age
community in this part, the age restricted, and, then, the large estate lots that take
advantage of the rim. I think everything we have heard City Council state, the
importance -- and, ironically enough, everything we heard importance of neighbors, we
are still going to have several numerous Blackrocks that are in opposition. It's going to
be about traffic and I guess I will come back up, you know, after the presentation and
talk about traffic again. These homes producing 60 percent less than a typical house.
So, it would probably be a pretty short conversation. But in closing this is a -- a
wonderful project with a variety of housing types that we think we hear Meridian ask for.
This age restricted is a giant market that Meridian is right on the cusp of. I think we
helped start part of it with the Movado. We see some others following suit in north
Meridian as well, but I publicly want to thank your planning staff, which was amazing,
after the remand numerous meetings, they all started in your building and, then, forged
our way out to my next thank you, which is the Meridian Southern Rim Coalition, those
meetings ended up -- starting in your office and, then, ended up in my office for the next
numerous months. The adjacent neighbors. And I can't say enough about the west
boundary neighbor Kathy Baumgartner and her family and the restrictions and
constraints that they are putting on their property as well to have a great product next to
them that they can be proud of, live next to, and we are developers, but we want to
leave this neighborhood better than when we found it. Of course everybody would love
the beehives to be out there forever.
De Weerd: Thank you, Jim.
Conger: I'm shutting her down.
De Weerd: Your time is up.
Conger: And the coalition, the neighbors, and we respectfully move you approve the
East Ridge Estates in accordance with the staff report and it was unanimously approved
for recommendation out of the Planning and Zoning Commission. Thank you.
De Weerd: Thank you. Council, any questions?
Cavener: Madam Mayor?
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De Weerd: Mr. Cavener.
Cavener: Jim, thanks for your presentation. There was numerous questions from
Council to staff about plans for water and using city water for irrigation on this project. I
think it's probably unfair to ask staff to articulate what your plans were and how you plan
to use city water. Is that something you could maybe enlighten us on your plans for
that?
Conger: Yeah. I can. Madam Mayor, Commissioner -- or Council Member Cavener, as
far as water rights, Kyle does -- said it was getting out of his purview, but he was
correctly on. There is a -- I mean a property has water rights or a property doesn't have
water rights. The lack of water rights has never restricted a piece of property from being
able to develop under your city code. You have a very clear code section on the no
water right portion. We -- by your code we have to request the waiver. We have to
prove we have no water rights. We are very proactive with water rights. We -- we do
appreciate having systems besides city hook ups. We have applied to New York
Irrigation District. There is three districts right there. Really, only -- New York is the
only one we can apply to. Two land sellers ago that individual didn't pay his bills and
got in a big fight with the irrigation company and lost the right. So, this was numerous
years ago, probably 15, but what we have done is we have applied to New York -- I will
be honest, that doesn't look tremendously great. Not a lot of people giving up water
rights and there is a waiting list already, but they are calling it two to four years long, I
don't understand how they -- and they do this for a living, so I have to respect that, but
they have given us not great hope. But what we also have done is we also applied for
subsurface water rights and what -- what appears that we will get approved is eight
acres worth of subsurface water rights, which cost us a little bit more money and we are
happy to do it. We have a little more than four acres of common area. So, if you can
start eliminating your common areas from being on city meters and you start getting part
of -- probably what would happen is it would go into The Village, because The Village --
both our neighborhoods -- the ACCs are going to be very restrictive on water wise plant
material and things of that nature and in The Village with Blackrock homes, we control
the entire landscape package. That water is probably going to stretch quite a ways in
there. So, we are very hopeful for the subsurface, but we still will need the waiver. But
that is I think typical and we have had two to three other projects in the last six or seven
years that had to do that.
Cavener: Madam Mayor? Follow up. Is it your intention, then, for these estate lots and
in your -- your age-restricted project here to each individually connect to city water for
pressurized irrigation or are you going to have a pump house that connects to city water
and distribute your water from -- from there?
Conger: No. Madam Mayor, Council Member Cavener, that is an excellent question.
So -- and it is a two part answer. So, the estate lots will have a water meter to the
house and, then, that also has a backflow preventer, as you indicated, and each lot will
water their own property. The Village, however, it would have a centralized metering
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system and all of that is a two wire system that -- I mean our watering needs inside The
Village are very minimal. Our -- our common area, which is the clubhouse area, it's
actually not quite double everything else, but pretty close to equal everything else.
Cavener: Madam Mayor, an additional question. Jim, I don't believe this is the case,
but you can correct me. This -- the neighborhood park isn't intended to be a city park,
but rather a private park for the neighborhood and at The Village?
Conger: No. Madam Mayor, Council Member Cavener, great question. You have an
80 acre regional park across the street. It will be a pittance of that. So, no, this is not a
public park and I may have alluded to that when we cited it for the neighbor's location,
they just -- the neighbors wanted that park further to the west to just stop houses from
coming up at that location. But, no, that is a park for our estate lots. It will have proper
amenities. It's going to have a trellis system, benches, and a real active play area. We
got the tot lot requirement that staff put on us eliminated at Planning and Zoning and we
hope you will carry on with that. These estate type homeowners put those tot lots in
their backyard from all our research and all our past experience. But the larger little
play area where people can get out and actually throw footballs and do some stuff,
although our lots are huge, they will be doing that in their backyards, too, but that will be
used by the estates.
Cavener: Okay. Thank you.
De Weerd: And I guess -- is there going to be a way that you note on your lot sales that
these will be hooked up to city water, so I'm not going to get the phone calls when they
get their first water bill?
Conger: Madam Mayor, that's a fair question. So, yes, with the estate lots -- it's --
yeah. We will have it in all our documentation. We will have it in the CC&Rs, which is
recorded against the property. A lot of people don't read CC&Rs, so we will also have it
in additional sales pamphlets and things of that nature and I will definitely make sure
you have my cell phone number if somebody calls, you could just give them my number.
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: Having had experience with this, I'm not sure what the mechanism was, but
when I purchased my previous home it was in this situation and at closing I was given a
document that I had to initial saying I knew that I would be paying irrigation taxes,
though I would not be using irrigation water. That my house was, in fact, hooked up to
city water for irrigation. I don't know what that mechanism was that made that an
apparent thing during closing, but there it was.
Conger: We can do something similar.
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De Weerd: Okay. Any further questions at this point from Council? Okay. Thank you.
Conger: Thank you. Mr. Clerk.
Coles: Thank you, Madam Mayor. Several sign ups this evening for the public hearing
testimony portion. So, first on the list is Sherry Ewing signed up against, wishing to
testify.
De Weerd: Good evening. If you will, please, state your name and address for the
record.
Ewing: I am Sherry Ewing and I live at 2934 East Lake Hazel Road and I am opposed
to this subdivision, because of three things, actually. Number one, City Council said we
wanted R-4 and now I don't know what percent, but a very large percent is R-15 and I
think that is unacceptable. The other thing that I am worried about is the over 55
grouping and how is that going to be restricted? I am thinking that it's not going to be
restricted and it's going to be just overrun by -- I just don't -- I'm not -- I'm not excited
about that at all. I am going to mention to you that two weeks ago I went to a
neighborhood meeting -- not for this subdivision, but directly across the road from us
and south of my house and it's 51 acres. They are putting it in one acre lots, 38 one
acre lots, and two weeks ago when I went to the meeting there was 22 of those 38 lots
were spoken for and it hasn't even gone to Planning and Zoning yet and I called the
developer today and he said he has 32 of the 38 lots spoken for. There is a need for
one acre lots and I think if this subdivision that we are -- is on the board today was put
into one acre lots it would have slid through like gangbusters. I just think that R-15 is
ridiculous, so --
Palmer: Madam Mayor?
Ewing: -- any questions?
De Weerd: Thank you, Sherry. Yes, Mr. Palmer.
Palmer: Madam Mayor. And thank you for asking that question, because in previous
applications where there has been an age restriction component to a development that
-- that has been a question that has been bought up and I know Mr. Nary had a good
explanation as to why age restrictions can go one way and not the other.
Nary: Madam Mayor, Members of the Council, Council Member Palmer. So, courts
have upheld those types of things and, basically, you can restrict them through your
CC&Rs and the development agreement will require it as well. We have had others of
those in the city and we have required those and have not had any issues where there
has been some change, because, again, contractually they have committed to that and
we require that as part of their conditions of approval, so --
Ewing: Thank you.
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De Weerd: Thank you.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: If we may, before we go any further, I just thought it was important to note
that I received a considerable amount of e-mails from our citizens about this application.
With each e-mail I received I replied and let them know that it's an open application, that
I couldn't speak about it, but I wanted it noted on the record that I had responded to the
e-mails that I had received from our citizens.
Coles: Next Kathy Baumgartner in favor of the project, wishing to testify.
De Weerd: Good evening. If you will, please, state your name and address for the
record.
Baumgartner: Good evening. My name is Kathy Baumgartner and I have a terrible
cold, so I apologize for my voice. I'm at 2310 East Lake Hazel Road and I'm
immediately west of the proposed development. You're probably surprised to see me
here in support of this project, but during the closing statements of our last hearing on
this, Madam Mayor, you reached out to Mr. Conger and suggested that he work with the
neighbors and you said I can't force you to do it, but I strongly encourage it and I just am
pleased to report that Mr. Conger has done that, he's gone over and above, in my
opinion, to meet with us and to work with us on this project. He's worked with us and
the coalition in an effort to come up with a plan that everyone would support and,
obviously, that's a very lofty goal, but he put a lot of effort into -- to working with us and
listening to our concerns many of the -- the larger estate lots along the rim here is in
reflection of the need to have more estate lots. Most of those -- especially along the
north boundary here -- are in excess of half an acre, which is consistent with what
Blackrock is. The concern over the R-15, I understand that, because it's scary to hear
R-15, but this is why I'm supporting it. Right here. You look at -- what do you see? You
see trees, you know. So, in a few years, instead of a wall of two story houses on 8,000
square foot lots, five feet apart, like you get in every R-4 subdivision, you're going to see
this. That's what I want to look at. So, I would much rather have an R-15 of single story
homes, age restricted, in a private community like this, than I would to have any R-4
subdivision. There is -- I mean these lots on -- on the rim are designated as R-4 simply
for the -- the street access points and such. They are much larger than an R-4
subdivision. So, I think we have to commend Mr. Conger being creative and coming up
with a plan that addresses the concerns of immediate neighbors. The one thing that he
-- you know, that Blackrock is what -- you know, is one and a half to -- one and a half
lots to one lot on Blackrock, that is one concession that he wasn't able to give us, but
that might be something that you guys want to consider is going one to one to make that
transition, again, more -- more neighbor friendly. But he's -- I mean if you look at this
list, it's quite detailed of -- of what we have asked him to do and -- and what he has --
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has made concessions to do. I mean he not only listened, he not only met with us and
did those neighborhood meetings, he actually integrated -- integrated our ideas, made
compromises -- we made compromises, he made compromises and I think that should
be commended. I think that's how developers should work with neighbors as they are
coming into developments instead of just pushing things through and -- and doing the
neighborhood meeting as a check box. He actually worked with us and I think that's
important to -- to recognize. I guess I would ask that you approve this plan subject to
the incorporation of Exhibit A into the development plan and if you -- the water is a big
issue. I would, you know, pressure -- requiring surface water rights I think is a
reasonable concession, because our tap water -- or our well water is getting tapped into
over and over and over and there is -- it's a limited resource, so, you know, using
surface irrigation rights is a reasonable thing. I know it's tough to get, but I think you
could make it part of the application that --
De Weerd: If you can summarize.
Baumgartner: Yes. When it's available it needs to be put in. So, that's my thoughts.
I'd much rather have this than any R-4 plan and I appreciate Mr. Conger's efforts to be
creative and come up with a compromise that works for most of the neighbors, so with
that I would stand for any question you have.
De Weerd: Thank you. Council, any questions?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Kathy, in your capacity with the Southern Rim Coalition you and I have had
many discussions about the future of south Meridian and I think in every one of those
meetings you have argued very articulately that there is a demand for one acre lots in
south Meridian and, in fact, you have criticized me and the Council for allowing for step
up in density. So, you will have to recognize the surprise that I hear --
Baumgartner: Yes.
Cavener: -- that you are -- you are advocating for the things that you have challenged
us on on multiple occasions. So, I'm just curious what -- why the change of heart on
those particular issues and -- and the applicant said that -- and it sounds like you're in
agreement that R-4 wasn't the best product for you as a neighbor and I just wanted to
hear that from you on the record that that's not and -- and explain to us why.
Baumgartner: I think that's a great question. Commissioner Cavener, Madam Mayor, I
-- I appreciate the opportunity to respond to that, because I do feel a little bit conflicted
and -- but the fact is is I'm a very pragmatic person and when this Council remanded
this project as an R-4 project, you guys sealed the fate on what was going to be done
on this piece of property and what Meridian -- southern Meridian could be. I never
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anticipated that anything like this would ever be built on this amazing piece of property.
It's -- it's not what I envisioned for it, not what I hoped for it, but when you guys
remanded it as R-4 you kind of sealed the fate and so that made me roll up my sleeves
and get to work and figure out how could I make it palatable? How could I -- how could
I make it work so that I don't have to sell my property and put up condos, because that's
what you guys want to see on my piece of property is condos and thanks for not saying
it was undeveloped. Good job, Josh. So, yeah, I mean I want to maintain a rural feel
and having those single story homes next to me and having those shrouded in
landscaping at some point over the next few years is a huge thing for me. So, no, it's
not what I wanted to see and -- and it's -- it's disheartening to me. It's not what I want
for south Meridian, but south Meridian is not what it is -- not what it used to be and it's
disappointing, but it's not my property, so I'm trying to make the best out of it and I think
that Mr. Conger has gone over and above to integrate the concerns of the neighbors
into a compromise that works for him and works for us and I think with that -- I think that
-- that senior living community can be a real asset to that part of the -- to that part of the
city, being near the park with less traffic -- I mean there is so many bonuses and so
many pluses to this particular project and -- and the way it's laid out. But, you're right,
it's -- it's not what I had hoped for it, so --
De Weerd: Thank you.
Baumgartner: Thank you. I have to run to a basketball game, so thank you so much for
your time.
De Weerd: Thank you.
Coles: Dave Blomberg signed up against, not wishing to testify. Joy Blomberg signed
up against, not wishing to testify. Andrea Tlucek signed up against, not wishing to
testify. Laddie Tlucek signed up against, would like to testify.
De Weerd: Good evening. If you will, please, state your name and address for the
record.
Tlucek: Yes. My name is Laddie Tlucek -- sorry.
De Weerd: That's all right.
Tlucek: I live at 5866 South Graphite Way in Meridian. Madam Mayor, Members of the
Council, I speak against this proposal. I trust all of us had a nice Thanksgiving and
thank God for all the gifts that we received. Last time I was around this area in this City
of Meridian was when my parents had a dairy farm in Nampa delivering milk to the
Meridian creamery and so I remember taking the curve to Highway 30 to the old road to
this creamery. That was 60 years ago. Imagine what people will say about the City of
Meridian 60 years from now. Things sure look different. Things will look different.
What will the corner of Lake Hazel and Eagle Road look like in 60 years? Part of that
answer perhaps is going to be happening tonight. Several months ago the Council,
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you, ladies and gentlemen, remanded the first proposal for East Ridge back to the
developer for changes, because, as I understand it at least, there were too many
houses there, according to what would seem right. The first proposal had 117 and the
second one, however, has 139, with a bunch of age-restricted patio homes in the middle
of it. This increase of houses -- I would be interested in the figures of the lessening of
traffic, but the very fact that there is 20 houses more there would seem to indicate there
was more activity. As far as the irrigation water rights, the lack of them, homeowners
will have to depend upon the City of Meridian for that water and I can envision when
they get their first bill that summer that month there will be a whole lot of turning off the
water and a lot of brown scars in that area. I speak against this, because to my
knowledge the developer had one meeting with Blackrock, not the many that he
proposes or alleged to have had, and I can't understand how he could have come up
with the plan that is existing now that he is proposing the second time after having had
the input of us at that first meeting. Remember the folks -- I'm just about done, Your
Honor. Thank you. Remember the folks who live near Eagle Road -- one more thing I'd
like to -- and Lake Hazel. One more thing I'd like to give thanks for is the opportunity to
testify tonight and know that you have the responsibility -- we have given you the
responsibility to make a difference for those who not only live in there -- in Meridian in
2017, but in the next 60 years. Thank you for your attention.
De Weerd: Thank you.
Coles: Joe Reger signed up against, wishing to testify.
De Weerd: Thank you for joining us. If you will, please, state your name and address
for the record.
Reger: My name is Joe Reger and I live at 2092 East Taconic Drive in Blackrock.
De Weerd: Thank you.
Reger: Madam Mayor and all the Council, my comments are going to be brief, but I -- I
built a house up there in 2011 and we were surrounded by corn fields, potato fields, it
was nice. We moved from -- off of Five Mile and Overland and we really enjoy the
openness we have. We have seen -- in fact, we started it -- we had 40 some lots there
and I think there was only probably about, oh, 25 or 30 of them at that point in time were
developed and they have all been developed now, except maybe two. But I see this as
being a -- obviously, I need to say I guess I'm against the whole proposal there,
DevCo's plan. But the traffic is going to be horrible. If you look at that map you see
where all these people are going to go, they are not going to go out to Lake Hazel and
down to get somewhere down to -- I don't care where -- down towards Overland or
whatever, they are going to come right down through Blackrock. We have a horrible
traffic problem now and it's going to get worse. So, if you think people aren't going to
take a shortcut to go through Blackrock, you're -- you're smoking dope, because they
are going to do that and even -- even today -- again, with that -- they are developing that
YMCA down there, they are going to putting -- they have the school down there. They
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November 28, 2017
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are going to be putting the library down there. It's going to get worse and worse and
worse and you're going to have all these people coming down through Blackrock to get
there. So, that's my -- my whole point is is that -- this is too strong of a density for that
particular area. I like a little more space. I have a one acre lot. I love it. I love to be
able to water it. I love to be able to water it. I love to be able to see it green. I love to
be able to see the big open space that we have now. But with the zoning and the
planning that he's putting there with these houses, it's too compact. It's just going to be
horrible. Thank you very much.
De Weerd: Thank you, Mr. Reger.
Coles: Ann Shelton signed up against, wishing to testify.
De Weerd: Good evening.
Shelton: Good evening. My name is Ann Shelton. I live at 2498 Cyanite Drive. I'm
directly against on the north side of this new sub -- proposed subdivision. First off I
have a question for you, because I'm unsure. We established several things in the
previous meeting about this development, but is this a new application? Do we have to
start testifying again or -- it is. I'm seeing head nods. Okay. Okay. My number one
concern, therefore, is for our children. There are numerous children that live on
Cyanite. It is a downhill street, so as they would come off of this street down into
Blackrock Subdivision -- and mind you I don't have a problem with developing. I don't
have a problem with that. I have a problem with how this is being developed. That
construction from the very get go needs to have -- and that whole entrance onto Lake
Hazel -- not just for construction traffic, the heavy, big earth movers, but the actual
contractors that -- when they come in -- I know that there is no law that can require them
to do that, but Mr. Conger has power and he can make sure that they do that. I think it's
critical for the children in this neighborhood to not have to fight traffic flying -- and we --
we have seen it with Sky Mesa. These contractors just fly through these
neighborhoods. Thank you to the Police Department for patrolling our area after that
last meeting we had, because it really did help. Even I make sure I'm going to 25,
because 25 is hard to do going down a hill. It just is. So, it's important for our children
to make sure that they don't have to compromise our safety. There was little kids out
there the other day on their skateboards and tricycles on Thanksgiving and I can only
imagine what it would be like with traffic coming around that corner onto Cyanite. So,
that's my first thing. My second thing is when this was remanded back -- so, I know this
is a new application, so it's not really applicable, but when you guys sent it back to Mr.
Conger to rethink the whole thing, 117 houses was what he needed to rethink, and he
came up with 139. I totally disagree with this plan. I do not like the 55 and up concept.
I am compassionate for Kathy Baumgartner. I love my view as well. So, I know how
she feels and she doesn't want to see a bunch of two story homes, but the reality of it is
I would rather see more open space and that's all. Any questions?
Cavener: Madam Mayor?
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November 28, 2017
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De Weerd: Mr. Cavener.
Cavener: Just because it's come up two times in a row, there is a map I think on the
computer screen in front of us.
Shelton: Yes, sir.
Cavener: Your concern is about traffic going through Cyanite and Blackrock.
Shelton: Uh-huh.
Cavener: Can you share with us on the mouse where those people would go and why
that's a concern? From my perspective it looks like the vast majority of the people
would want to exit onto Lake Hazel and not drive through a neighborhood to get to
Eagle.
Shelton: Okay. Oh. The mouse -- up. Right. Okay.
Cavener: Let's say you're at the neighborhood park and I want --
Shelton: Right here.
Cavener: Uh-huh.
Shelton: Oops. Sorry. I didn't mean to do that. Now what do I do? Thank you.
Cavener: Can you just --
Shelton: I will not touch that. Okay. So, they are going to come down this street onto
Black -- this is Cyanite right here and they are going to go down Taconic. The officer
may be able to tell you how many tickets were given. Nobody goes 25. And my
concern with construction traffic in particular -- not the neighbors when they eventually
move in, they will be sensitive to children, too. But contractors are not. And, therefore, I
hope that whenever this development goes in that the City Council will make the
developer do that entry onto Lake Hazel in phase one. Not phase three, phase one.
De Weerd: The contractor in the Exhibit A that he referred to does have that as
construction access will be from Lake Hazel Road.
Shelton: Perfect. I don't mean just construction, like the big earth movers, I mean the
whole road system put in, so that these contractors can get into those homes as well.
Thank you.
De Weerd: Thank you.
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Coles: Ben Shelton also signed up against, not wishing to testify. Susan Karnes signed
up, against wishing to testify.
Karnes: Good evening.
De Weerd: Good evening.
Karnes: Susan Karnes. 5556 South Graphite Way. Madam Mayor, Members of the
Council, I sent you a rather detailed letter a couple of weeks ago expressing my
opposition to this, so I won't reiterate all of that. I know that you have -- you have read
these letters and public testimony thoughtfully. So, I will take this opportunity to speak
on behalf of the neighbor who has had a medical crisis in her family and go into a little
further explanation about the concern of the traffic going down Cyanite. The terrain --
you know, we are up on the rim, it's rolling terrain, and as the -- as Lake Hazel leaves
Eagle Road in heads westward, it goes uphill and so anyone exiting East Ridge
intending to go to Eagle Road, has to make a left-hand turn in a rather blind situation
and this is -- as the applicant has pointed out to you numerous times, Lake Hazel is
slated to be five lanes, seven at the intersection. This is going to be eventually a lot of
heavy, fast traffic and so it seems natural that even if you have an estimated 700 trips a
day out of East Ridge, it seems reasonable that half of them will opt to take -- especially
over five -- 55 people -- and I am one -- rather than do a dangerous left-hand turn onto a
major arterial, I would always opt for the quieter neighborhood route. I think what is
striking on this overview is the fact that we don't have a street connection between East
Ridge and Sky Mesa, because the blue road that heads north could so easily join up
with this cul-de-sac in Sky Mesa and that's one thing that my neighbor had asked that I
bring up with you, that we -- we estimate today that Cyanite has about an average of 59
trips per day. So, even if half of the estimated 751 use Cyanite, that would mean that
this quiet, winding, narrow street would go from 59 trips to 434 and where Cyanite
meets Taconic, we have a bus stop and there are numerous, numerous young children
constantly in our streets and specifically on Cyanite, because it has a little bit of a faux
cul-de-sac. You can see kind of the inlet there. So, my neighbor has requested that
you consider stubbing a street from Sky Mesa into East Ridge. I will say as a
homeowner living on the slope, that I would ask the slope be common lot here if you
were to go so far as to approve this application and that it be irrigated and planted to
mitigate against fire and erosion in the development agreement. Stand for any
questions.
De Weerd: Thank you. Council, any questions?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Susan, what slope are you referencing? It looks to have been graded away.
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Karnes: These -- the -- the north side and the east side of East Ridge will have pretty
substantial slope, which would be comparable to that in Sky Mesa and Reflection Ridge,
which I think Council has clearly asked that that be common lot and this plan includes
slope as part of these lots.
Borton: Madam Mayor? What you reference was in that 45 foot -- it was there a
moment ago.
Beach: Council Member Borton, there is a plat that will show that a little better, so let
me pull that up for you.
Borton: So, to make sure I understand what you're referencing.
Beach: That shows it a little bit better.
Borton: Okay. On the north and the east.
Beach: Correct. To the dotted line on the north side of the plat up to the -- up to the top
is that -- that slope easement that's indicated there and, then, wraps around this side as
well.
De Weerd: Okay. Any other questions from Council? Thank you.
Karnes: Thank you.
Coles: Christie Herwy sign up against, wishing to testify.
De Weerd: Good evening. If you will, please, state your name and address for the
record.
Herwy: My name is Christine Herwy. I live at 2373 East Taconic Drive in Blackrock.
De Weerd: Thank you.
Herwy: So, I changed my mind of what I was going to say, because of some other
things that were covered, but I really need to get across the point that Blackrock was not
in these conversations. So, there was a lot of -- Mr. Conger indicated there was a lot of
work with the neighbors. We had one meeting where he gave two plats, one was this,
although it wasn't as detailed and one was with an R-4 and he basically told us that if it
was an R-4 that he would sell it off and we wouldn't know how it would be developed.
So, I don't really think that's working with the neighbors. He did work with Kathy
Baumgartner. He did have meetings with the Coalition, but Blackrock neighbors were
not part of that. Just want you to know that. He actually sent you a letter saying that he
had a lot of support. We sent -- our HOA sent a letter dispelling that. So, I hope that
you did read that, because it's just not true and there will be other people I'm sure
talking about that as well. I also wanted to bring up the fact about the brown water. I
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have listened to this several times over the last several months. I have lived in
Blackrock since 2008. I never had brown water until this year. Ever. And I was like the
third house up there. So, we are talking about, well, you have brown water because
there is not enough users. Well, why when there was 45 lots up there and three were
built on, why did I never have a problem until now? So, I don't know that that is really
the cause. Just food for thought. Also I have lived in a subdivision about the size of a
lot of -- of Tuscany where we did have to pay -- it wasn't Tuscany, but I had to pay for
my water. Three hundred dollars a month in the summer. So, if you're looking at these
larger lots, how are they going to afford that? I mean that is a huge expense. I can't
even imagine what that would cost. And, you know, we can say people are -- are going
to know ahead of time, but when you go to get the title it's already kind of too late. I
mean people need to know right -- right away that this is part of what they have to factor
into their budget. Water is a big deal I think. Also, you know, the first application had
over 260 petitions against it for 117 lots. We are now 139 lots and the reasons why it
was remanded from -- you know, when we went back and looked, was because the
density was too high. It wasn't -- it wasn't a good transition from half acre to acre lots to
these -- to these small lots. There wasn't enough amenities. The green space wasn't
large enough. And I don't know that any of that is fixed in this. And, then, to adjust -- to
address the over 55, from my knowledge, what I understand, is there only has to be one
person in the household that's 55 years old. Also there is not a tot lot and you can say,
oh, well, these people in these big houses will have -- what about these grandma and
grandpas supposedly in this 55 and over, where are their kids going to play? And there
is plenty of people that live on larger lots that don't necessarily have -- shouldn't have to
have their own tot lot if you will. So, I would ask that you very much reconsider low
density in this area, because it does seem like that is the most appropriate use of land.
Thank you.
De Weerd: Thank you.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Before we call the next person up, the previous testimony indicated a -- a
letter from the Blackrock homeowners association. I didn't see that and I don't know if I
-- if I have missed it or if it may be under a different name. Okay. Thank you.
De Weerd: And we do have that.
Coles: Next on the list Tim Foster signed up against, wishing to testify.
Foster: While he's pulling that up, my name is Tim Foster. I live at 5805 South Graphite
Way and, first of all, I'd like to take a second to -- to thank Mr. Bird, since this is probably
going to be my last time in front of you guys for this Council, I'd like to thank you,
Council Member Bird, for all your service to our city. It's been a great pleasure. Thank
you.
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Bird: Thank you very much.
Foster: So, two major issues that have been -- I think may have been overlooked by
staff that needs to be addressed before this application can be approved. As you can
see this -- the Grimmett Lateral, which is the -- the Boise-Kuna Irrigation District line
runs through this proposed application -- is creating the easement that has to be
followed properly. These easements are what Mr. Conger is calling setbacks. All
irrigation easements, like this one, have to have a 40 foot easement based on the
centerline of that lateral. In Mr. Conger's application he shows the relocation of the
Grimmett Lateral down on the lower right-hand corner there. Sorry. I'm trying to read
quick, so I get all this on here. While the Boise Project Board of Control will approve
this move -- the movement of this, they do have very stringent guidelines on their
easements. The Boise Project does not approve any landscaping to be done on their
easements, other than grass, because they would need to minimize their costs if they
have to come back through and work on this type of situation. As you can see in Mr.
Conger's landscape plan, he's got wrought iron fencing, he's got a walking path, many
of these things that cannot be there for the irrigation district. As a matter of fact, in my
certain circumstance I have an easement behind my house and I was flat out told if you
put a fence on our easement we will tear it down and you will pay to have it moved. So,
the easement also must remain a flat, drivable surface. Looking at this landscaping
plan, you can see that there is actually no access to this easement. Both of these
issues come in a letter that is in your packet. The second issue that pertains is the
slope of this property. This is a picture of the -- the Grimmett and, then, this is also the
-- the northern section, which Black -- buts up next to Blackrock and Sky Mesa. As you
might remember, the slope between Blackrock and Sky Mesa was put into a common
area, so that Sky Mesa could maintain this area. This was put in by you guys, the
Council in front -- that I'm in front of. This property will also have the same issue both
on the north and part of the east side. Since the Council has already set the
precedence by making these slopes into HOA common areas, I request that this also
has to be done on this one -- this scenario here. If it -- if it doesn't end up in that type of
an HOA easement, it's going to end up just like the problem we have with the Sky Mesa
North where it's actual homeowners lots, not theirs, and it creates a lot of weeds. We
also would request at the -- the HOA easement area would be planted in, you know,
proper landscape vegetation, so that we don't have any type of erosion or -- or fire
hazards or anything like that and that's the reason why I -- I don't like this plan in front of
us. Any questions?
De Weerd: Thank you. No. But thank you for the pictures.
Foster: You're welcome.
De Weerd: It puts context.
Coles: Next Jen Foster signed up against, wishing to testify.
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De Weerd: Good evening.
J.Foster: Good evening. Jenny Foster. 5805 South Graphite, Meridian. Blackrock.
So, I'm here to talk about the water and using city water for irrigation, which I know that
we have talked about it a little bit, but Jim Conger is requesting a waiver to use city
water for irrigation on this property. I feel this waiver should not be granted for the
following reasons: If this was the Council's idea to separate our drinking water from
irrigation water many years ago, the reasoning used for this decision was sound and
justifiable. It cost the city a lot of money to treat our city water and it is wasteful --
excuse me. I'm nervous. -- to use it on our yards. Also the thought of contamination to
our wells by the improper backflow was just not worth the risk to our neighbors . This is
why the City of Meridian banned dual connections on March 1st. They had to be done
and removed by March 1st of 2012. This is costly to the homeowners. Average cost for
water reaches into the hundreds of dollars monthly for an 8,000 to 12,000 square foot
lot. The rim lots proposed by Conger are close to half acre lots. These lots have the
potential of exceeding over 500 bucks a month for water. You know, people, when they
don't have the money to pay for it, those lawns are going to be brown and it's not going
to look nice and the neighbors are not going to be happy about that. The soil on this
property is extremely nutrient deficient, which would mean even more water is needed.
With a single connection like what we will probably use in this subdivision, based on
current city water regulations, all irrigation water will be paid through an HOA. When
the homeowners realize the extreme cost of this, they will want to only pay for their
share, which will not be able to be calculated out, thus adding to the complexity and
frustration. At that there is a mix of half acre lots, patio style homes, how do you adjust
the cost equally? If I have got a smaller home I don't want to pay for your lot with more
water. I want to pay for what I use. How are you going to figure that out? By what he's
proposing you can't. This is just a bad scenario for the situation. Jim Conger has also
asked the Idaho Department of Water Resources for enough water for eight and a half
acres. This is in his application, which I do have here if anybody wants to see it. It's
just for the common areas only. This is the minimum for the plan. This also means that
Jim must install two separate irrigation systems, because the water requested from the
Idaho Department of Water Resources may not be used for the rest of the subdivision.
If this water is used for any other purposes than to water the common areas, it can be
removed -- it can be reported to the Idaho Department of Water Resources and his
water rights for the eight acres can be revoked. What does the subdivision do when this
happens? For these major issues I request the irrigation water not be granted. The
other point is he keeps saying that he's talked to the New York Irrigation District. New
York Irrigation doesn't cover this area. It's the Boise-Kuna Irrigation. So, if he's talking
to New York, they don't govern it. Boise-Kuna does. Thank you.
De Weerd: Thank you.
Coles: Susanna Bohlman signed up against, not wishing to testify. Ted Bohlman
signed up against, not wishing to testify. Serge Kasurbin signed up as neutral, not
wishing to testify. Doug Wheeler signed up against, wishing to testify.
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De Weerd: Good evening.
Wheeler: Doug Wheeler. 2402 East Taconic. Blackrock. Madam Mayor and Council,
we have met before and appreciate having your time again. I was actually going to try
to summarize. The sign-up process back here to when we are going to speak
sometimes doesn't -- allow us to listen to the whole evening and summarize it. But I will
summarize it where we are at this point. A couple of things that I think are very
important. I think that I must have my head in the sand for all these meetings, the
neighborhood meetings, because I did not see them, all these that are -- are talked
about by Mr. Conger. The other thing is we are not talking about farmland
development, which we see so much throughout Meridian. Much of the land is that.
We are talking about rim areas. So, we are really not talking about just a regular
developer coming in and here is what we ought to do for the land, this is prime property
in the northern part of the rim. You saw that that was very valuable property and
property that needed to be treated correctly. I think we can do much better on this kind
of land than putting just a 55 and over. I think we are going to have a lot of young
people asking grandma to come and live with them if we are going to take this into 55,
because I -- my understanding is that one person in the family has to be over 55. As far
as the amount of traffic, I think a lot of 55 year old people are more active around the
other -- the other people go to work and they come back. Fifty-five people during the
day are up and down. I live in the corner of our development and I see traffic constantly
all day long. So, I don't know where they get the numbers for so much less traffic from
55 and over, but I'm sure there is statistics somewhere for that. So, I'm kind of
summarizing what I feel on there, that we are just -- have to make sure that we -- as the
Mayor said before -- do things right and we only have one chance. So, appreciate you
looking very carefully at this whole situation.
De Weerd: Thank you, sir.
Coles: Gary Andrew signed up against, not wishing to testify. Mary Affleck signed up
against, wishing to testify.
De Weerd: If you will, please, state your name and address for the record.
Affleck: My name is Mary Affleck. I live at 6519 South Raap Ranch Lane, directly south
of the development -- proposed development and I just want to tell you how much we
love living in Meridian. I think it is such a blessing to be here and I think that's what --
everybody is kind of complaining, because they love it so much, too, and we all moved
to that same area so that we couldn't spit on our neighbors. We just like the peace and
the quiet and the tranquility. We are on 16 acres right across from where this is
proposed and we are seeing developments go up everywhere and it scares us to death ,
because we are losing our peace, I guess, our tranquility, and that's what Kathy was
looking for was the least invasive type of community and the last time I talked to you I
mentioned that really nobody could find acre lots in the area. If they were five acres or
an acre that they would just sell like that and I'm going to piggyback on what my
neighbor said. We went to this meeting and I don't know -- do you have the picture of
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the whole area there? This meeting was for the subdivision that is going in just south of
this one and a little bit east. So, it's right on Lake Hazel and Eagle Road. Yeah. You
can see. It says RUT there and the LDS church is right in the middle of it. So, it's just
south and a little bit east and all the neighbors were invited. We are right there on the
west side of that and they are putting in acre to acre and a half lots, 38 of them. The
man that is doing the subdivision, the development, has never advertised. All he put up
was one sign on the corner of the road between Lake Hazel and Eagle and I didn't even
notice it for the first couple of weeks, but by the time we went to the meeting, which was
like two weeks ago, 22 of the homes have been sold -- or no. How many? Twenty-two.
And now there are 32 out of 38 and some of the people that signed up for those homes
put 10,000 dollars on it are from Tennessee and Texas. That's how widespread it is.
And I -- I Googled this on the internet. You can't find it. Unless they put it up in the last
week you can't find anything. It's called The Keep. The acreage starts at 230,000
dollars and the most expensive, the one acre, goes up to 350,000. There is a need and
we would like the smallest footprint in that area possible. If we could get an acre lot
across the street, Kathy would jump and dance for joy, because that's what we really
want. Anyway, that's all I have to say. I just want to piggyback and I just thank you for
letting us live in this wonderful city. We really appreciate everything that you do for us.
Thank you.
De Weerd: Thank you very much.
Coles: Brian Affleck also signed up against, not wishing to testify. Andrew Allen signed
up against and would like to testify.
De Weerd: Good evening.
Allen: Andrew Allen. 2436 East Cyanite. Blackrock.
De Weerd: Thank you.
Allen: I'm probably the newest member of Blackrock. I moved in about four months
ago. My wife and I were looking for about a half acre, acre lot. We started looking
about four years ago and we had simple requirements, 3,500 square feet, plus half acre
to an acre and it took four years. We searched and searched. Buildable lots. Toured
existing homes. Used several estate -- real estate agents, but we came to realize that
at that time south Meridian was severely lacking in these types of lots and we feel -- I
feel really extremely lucky to have found our home. Prior to moving to this home we
heard about this East Ridge Estates development, the original plan, and we were really
surprised at how small the lots were originally, because in all of our dealings in the last
four years all we heard from a lot of other people is, oh, I wish there were more lots half
acre to an acre in this area. It didn't -- it didn't really seem to fit the needs of the
community and many of my associates have been looking for homes with that lot size
and weren't able to do so. I'm a physician. There is the big new hospital up in Nampa
that just went up and there is a new medical school that's coming in and I have spoken
to several physicians that are coming through recruiting, as well as people that are
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looking for homes like this and the demand is great, as the Afflecks had mentioned, the
home -- the development right -- right south of this area, the acre lots. I don't want to
take any more of your time, I just wanted to say that I think we need a lower density
area and this -- this R-15 area doesn't really make any sense. It doesn't make any
sense at all. That's it.
De Weerd: Thank you, sir.
Coles: Earl Brace I signed up in favor, not wishing to testify. Don Cantrell signed up
against and would like to testify.
De Weerd: Good evening.
Cantrell: Good afternoon. Don Cantrell at 3000 East Lake Hazel. I don't know if you
have that other picture where they have their lot -- and I own the property to the east --
on the east side. Anyhow, out of the 40 acres I have got 35 of the acres and on the
east side of the property there from DevCo there, after our last conversation they were
going to put in a six foot solid fence, because of the irrigation -- the guy with of the cattle
and the agriculture -- the liability factor and I now am under the impression they are
putting in a wrought iron fence. I'm not for sure the height of it or the width. Is it small
enough to keep the kids out and is it tall enough to keep the kids from crawling over, as
well as the animals, chasing the cattle, as well as the horses. Once, again, my house
was built back in '86. Twenty years ago you may have had one or two cars that past
down Lake Hazel at 50 miles an hour, who complained. Once, again, I would really like
to see if -- whatever development's happening, that the traffic is down to at least 35.
Our mailboxes are across the street. Once, again, I think we are -- the traffic where
they look at us as points, if they can whack us they get an extra one or two points. I
mean no one in the last ten years has stopped to go across to get the mail. Once,
again, we have two hidden spots on the east and the west where -- where the house is,
they come up -- on our last -- first hearing -- and if you were in here and I apologize for
saying this, but, anyway, in the morning there were two large -- one black lab and
another one very similar, they both got whacked coming up -- the -- the little knoll,
because they didn't see them. Shortly after a few weeks later there was a gal that, once
again, was coming down that little hill doing her 50 plus, supposedly a duck was coming
across, she swerved, hit the tree on the other side of the street and rolled it onto the
DevCo property. Quite a mess. The traffic doesn't do 50. I can assure you they are
doing 55, 60. From 7:20 to 7:40 it's very difficult to get out of our driveway. It would be
really nice to get the traffic down to 35 for whatever happens, as well as getting our
mailbox from across the street over onto our side before all of this extra is happening,
as well as our irrigation for our property comes across the DevCo property onto our
property, which irrigates all 40 of the acres. Once they start developing, we have a
bubbler on their property which comes across and down on the Patel's property down
on the ridge and, then, in return we have a pressurized irrigation. What happens to that
line if they are building homes right across us? Who is responsible? Do we lose our
irrigation water? Can I not water the 40 acres -- as the neighbors that I'm responsible
for as well, because there is five lots, I own two of them, so there is three of them. What
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happens there? So, there is a real concern as far as speed, fence, irrigation for what
we have to deal with. Thank you.
De Weerd: Thank you. I appreciate your points and we will ask Mr. Conger.
Coles: Jim Stroo signed up against, wishing to testify.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: While he comes up can I ask one question of Caleb or at least leave a
question, you can respond to in a moment, but there has been conflicting evidence
about the improvements planned on Lake Hazel and when they are going to be
improved. There is comments of two to three lanes in the 2035 CIP and, then,
comments that it's five lanes, perhaps seven at the intersection. Later on if you can
reconcile what that plan is that would be great.
De Weerd: And you are the HOA president, Mr. Stroo; correct?
Stroo: I'm sorry. Jim Stroo. 2495 East Cyanite.
De Weerd: Thank you. And as the HOA president you have ten minutes.
Stroo: No. I'm only going to take three minutes of your time.
De Weerd: Okay. Well, I'm not going to argue.
Stroo: Well, I could talk for ten minutes. There is a lot of stuff I would like to read, but --
but I want to state for the record -- although it does show it -- I am opposed to this
application and while the over 55 -- the concept I really truly believe over 55 housing is
necessary as we age, it's just not right for this area. The parcel -- and I know you can't
go out and visit it, but if you would be able to you would have 350 degree views, you
would be able to see the foothills, you would be able to see Emmett Squaw -- Squaw
Peak, the Trinities, the Owyhees, it's a beautiful -- a lot of different elevations. I want to
switch and really talk about something that was touched on, but not emphasized a lot
and that is the traffic and specifically this stub out that was required in the Sky Mesa
application, we didn't -- nobody's really emphasized or requested to have a connection
between that stub out and Sky Mesa to the development for East Ridge. The
importance of that. We have heard a lot of talk about turning left onto Lake Hazel and
how difficult that will be and it truly will be difficult. Again, I know you can't go visit it. It
is really a blind turn. A lot of people going very fast. Most people will route themselves
back through the subdivision all the way to Eagle and with the proposed roundabout
here that makes going northbound on Eagle even easier than the four way stop or stop
light that may come up at Lake Hazel and Eagle Road. You can see if we did this
connection here between the East Ridge Estates, Sky Mesa, then, would go down this
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route and out, look how short that is. More direct. They are not going through a whole
subdivision winding their way back to Taconic out to Eagle Road. It just makes sense.
Now, the other point I want to make is there is a fire station up Eagle Road. There is
planned one down on Lake Hazel at some point in time. Don't know when that's going
to be. If I were city services sending an ambulance, sending a fire truck, would I roll all
the way up here, all the way over here or here? Would I actually go this way to get
services in or is this a more appropriate direct route? So, again, what I would ask you
to seriously consider is requiring that this connection gets -- gets made. It was required
in the plan for Sky Mesa. It should also be for East Ridge Estates. With that I will stand
for questions. Perfect.
De Weerd: Thank you. Council, any questions?
Bird: I have none.
De Weerd: Thank you.
Coles: Cameron Keller signed up against, not wishing to testify. Charles Byerly signed
up against, wishing to testify.
De Weerd: Good evening.
Byerly: My name is Charles Byerly and I live at 2412 East Cyanite in Blackrock.
De Weerd: Thank you.
Byerly: A couple things reiterating, just to make sure it's on the record. I am one of the
parents of the small child on Cyanite, so when they are talking about traffic coming
through -- and several people have said if there is a construction entrance proposed
onto Lake Hazel, which would bring in the heavy equipment, I think what we are more
concerned about are the drywallers, the plumbers, the electricians coming through with
their pickup trucks that are going to come up through our street, which is about 12 --
ten, 12 homes on this one little short street and we are going to take the brunt of all that
traffic with our kids out on the street. Secondly, when you're talking about the traffic,
like Mr. Stroo was just saying, you have the new park that's proposed on Lake Hazel
that's going in and right now down between Cloverdale and Eagle on Lake Hazel there
is soccer fields. When they have a tournament it's next to impossible to get off on Eagle
Road. So, if you have that park that has any kind of tournament activity, Lake Hazel is
going to be a zoo. So, I agree that everybody's going to reroute down through the
subdivisions to get out. Thirdly for me I empathize with Kathy, she wants that beautiful,
hidden retirement village, but if water is an issue those trees are not going to be what
she's looking for. She's not going to have anything there if people can't afford to water.
Thank you.
De Weerd: Thank you.
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Coles: Marilee Andrew signed up against, wishing to testify.
M.Andrews: Marilee Andrew. 2417 East Taconic Drive. I would just like to remind you
after Conger's first application last spring that we submitted 260 petitions that were
turned into the city at that time that were all opposed to this development and I
personally helped get some of those signatures and know these people and I assure
you that if those residents were against R-4, they would gladly sign another petition
against this higher density plan. Mr. Conger would also have you believe that he has
the surrounding neighborhood approval, but that is quite the opposite. I have letters
here in my hand that are all on public record between Mr. Conger and Blackrock HOA
President Jim Stroo and the Southern Coalition that support that both Blackrock and the
South Rim Coalition are against and in a nutshell Mr. Conger did hold one public
meeting where he presented two options, an R-4 development where the houses were
crammed in and he indicated that he would likely sell it off to another developer as it
didn't pencil out for him and I just think that was kind of a scare tactic and as we showed
that the one acre lots are in demand and there are going for a high price, I think you can
get a nice penny for those. The other was the R-4, R-15 development that he has taken
to the city now. He never reached out to the Blackrock HOA at any time. Jim Stroo, the
president of the HOA, did write him a letter indicating that we could not support his
development for various reasons and asked that we hoped -- hoped that he would
contact us for further discussion. The Blackrock HOA held a meeting and polled
homeowners on the preference. Homeowners were asked if they supported, one, the
R-4 or, two, the R-4, R-15 or neither. Overwhelmingly the neighbors said neither. This
was the information related to Mr. Conger from the HOA. He never, then, responded
and claimed that he did and that he had our support. He did work with the Coalition and
came up with his list of concessions. Blackrock did not attend those meetings and we
told the Coalition that we were not in support of it. Those -- the collation ultimately also
sent him a letter indicating that there was not a unanimous vote one way or the other
and, therefore, the coalition could not support the development either. These letters are
all on public record and I just think that the truth there was a little stretched and
exaggerated that he had our support. And also on the safety. I also live at the entrance
of Blackrock and I'm concerned about the safety, not only for the construction, but the
potential resident traffic. My mailbox has been flattened twice and I have witnessed
other construction trucks that can't make the turn or the little bottleneck entrance that
they have come up on the curb many times when I just happened to witness that. So,
that's a concern for myself as well. Thank you.
De Weerd: Thank you.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Question for you. If you can. Thanks. You talked a lot about your -- the
survey that you held with your fellow residents. How many people in your neighborhood
participated in that?
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M.Andrews: I personally did the road below me on Sky Mesa.
Cavener: Oh. Sorry. I mean you had indicated that the residents had been given an
option of these are the two options presented by the applicant and the vast majority
picked neither. I'm just curious how many of those -- how many people participated?
M.Andrew: I couldn't say. There was -- I don't know. Thirty? I don't have those
numbers. Sorry.
Cavener: Thank you.
M.Andrew: It's a small neighborhood, though. Blackrock itself is a very small
neighborhood, so 30 is actually a pretty good number.
Cavener: Madam Mayor, additional question if I may. Talk me through -- you indicated
-- and I remember this -- earlier this spring, the 260 petitions against this. Why do you
think that we are not seeing those same type of petitions this time and to your point you
live in a small neighborhood, but it seemed to me that the petitions indicated more of a
community support and I'm just hearing more from Blackrock than anybody else and I'm
just curious as to why.
M.Andrew: Okay. Well, I have talked to a few of them myself and I think this time
around I think they are really discouraged. They thought it was a done deal. They were
shocked that this was back where it was and pretty discouraged. They didn't feel -- they
don't -- they don't believe in the system. They are kind of frustrated and this is your
guys' job, no offense. Mr. Conger, that's his job. But we are just, you know, family-
oriented people that have -- I'm missing my daughter's dance right now to be here. So,
they have things to do and places to be and -- and it's a lot of time out of their schedules
to come support this, when it's not -- nothing's being done. That's kind of the way they
feel. So, I think that they are just discouraged. They tried the first time and here we are
again and it's not a lack of -- that they don't care, because I personally -- like I said, I
have talked to them and they are just a little discouraged. So, that's my opinion. That's
the ones I talked to.
Cavener: Thanks for your candor. I appreciate it.
M.Andrew: All right.
Coles: Pat -- Pat Looney signed up against, not wishing testify. Debbie Brain signed up
against and said maybe she wanted to testify.
De Weerd: Good evening. If you will, please, state your name and address for the
record. And you can move that --
Brain: A little bit over here?
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De Weerd: Yes.
Brain: And down?
De Weerd: Thank you.
Brain: My name is Debbie Brain and I live at 2389 East Taconic in Meridian in
Blackrock.
De Weerd: Thank you.
Brain: And I'm opposed to this new application and back to what Merrilee was talking
about. I think a lot of the reason that there aren't more people here -- or documents
signed again this time is because people are confused, they really didn't know if it was a
continuance of the last application or a new application. But, anyway, I want to talk
about why I'm opposed to this new application. There are many reasons, but the thing
that bothers me the most is the R-8 and the R-15 zoning and I don't really understand
when it was sent back to Planning and Zoning for R-4 why it comes back this way. I
think that -- I don't think they should have approved that and when Sherry Ewing was
talking about The Keep, the new subdivision, it's on the southwest corner of Eagle and
Lake Hazel, we have been up there and we looked at that subdivision and they have a
really nice layout. They have acre plus lots. They are expensive and they are almost
all sold and they have irrigation water. They have a lot to offer. So, for me what I would
really like to have happen is I would like to have some bigger lots and keep the area like
it is right now, subdivisions that would fit into our neighborhood better. So, I'm just
asking that you would deny this application. Thank you.
De Weerd: Thank you.
Coles: Bob Brain signed up against, wishing to testify.
R.Brain: Good evening.
De Weerd: Good evening.
R.Brain: Robert Brain. 2389 East Taconic.
De Weerd: Okay. Now, you can pull it up. Thank you.
R.Brain: Okay. I'm going to talk about the traffic issues we have got. You know, we
bought our lot ten years ago. Built about four years ago. We bought there because of
the large lots that -- we were out in the country and slowly -- we knew it was going to
grow, but not to the extent it has. You know, we have got such traffic issues now with
speeding and stuff -- last March at the meeting here I talked to the police department
and asked them if there was something they could do for our area. They said, you
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know, we can bring out a board -- a reader board, but we do not have the people or the
ability to cover that area right now. He said we will do what we can. So, we got to see
them about -- one officer come here once a week or maybe twice a week during a
non-busy time and, you know, write a few tickets, but it wasn't taking care of the
problems. They put up a reader board, it didn't slow people down. In May I went to the
police department and asked them, again, they said we still don't -- during the busy
times of the day they do not have the people or the resources to cover us. You know, if
we are approving subdivisions and we don't have the resources to cover them, we are
in trouble. You know, there is two houses still to be built in our -- in our subdivision. I'm
retired. I'm home most of the time. I see the cars speeding up and down the road. The
people that work in them houses -- there is an island on our subdivision. They were
racing down each side of it to see who could get to the other end of that island fastest.
This is the kind of stuff goes on constantly and we are not being patrolled. East Ridge
may not, when it's all finished, put a lot of traffic down on that road, but they are going to
put some. The problem is they have got to be able to control the people that work
there. Otherwise, we are going to have a real problem where we are at. It's a safety
issue now and isn't getting controlled. So, I hate to see that. Even the people that are
working on the houses being able to come through our -- the subdivision during
construction. Thank you.
Coles: Mike Wageman signed up against, not wishing to testify. Loni Wageman signed
up against saying maybe she wanted to testify.
De Weerd: Good evening.
Wageman: Loni Wageman. 5662 South Graphite Way in Blackrock.
De Weerd: Thank you.
Wageman: Madam Mayor and Council Members, I just wanted to let you know I am
against the proposed subdivision. I have two issues that I just wanted to get on record.
One is the traffic and one is the water. The traffic in -- on Taconic is horrendous. Sky
Mesa below us also exits onto Taconic. Last time we were here I know Council
Member Bird said you were familiar with construction and the vehicles that are involved,
so you have cement trucks, land moving trucks, dirt trucks, rock trucks, lumber trucks,
and, then, you have all the smaller vehicles building the house. Electricians. Plumbers.
Roofers. I mean it goes on. At any given time in front of one house being built you
could have five to ten huge vehicles in front and if you have a lineup of new homes
going in, you have to contend with all those vehicles. So, every once in a while I will
drive down and go out Marsala that goes to Amity and 25 percent of the time I have to
make a U-turn and exit back out at Taconic, because the roads are completely blocked.
There is a big cement thing and a big framing roof thing in the road just completely
blocking it and so that's what we would have to contend with on Taconic going up
through Cyanite and I'm wondering, Josh, can you pull up -- it wasn't this one, but the
other one and blow up where East Ridge goes to Cyanite, because right now -- yeah.
So, right -- can you blow up that area? So, right now there is a road blockage. You
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can't go -- there is nothing at East Ride right now, but it's blocked and whatever -- I'm
asking whatever you approve, if that roadblock can remain, so that the land and the
home construction traffic has to -- are forced to -- hate to use that word -- exit out onto
Lake Hazel. I'm -- it's just -- I'm asking, because the traffic is already so bad and the
over 55 area -- probably two cars per household. So, it's still going to have a lot of
traffic. So, let me continue on. The -- with the --
De Weerd: I'm sorry, you will need to summarize.
Wageman: Okay. So -- well, just really quick. The water quality is still really bad. I
have orange water. We lost ten very large trees because of the -- the dirt quality in the
area and East Ridge is going to have a major problem with keeping their landscape
alive. So, I just let you know that, you know, it's thousands of dollars to us to replace so
many trees, because it required so much water. So, I just wanted to let you in on that
and, finally, Councilman Bird, we will miss you. Really, really respect you and I hope
you have a wonderful retirement.
Bird: Thank you very much. I appreciate that.
Coles: Rick Thurber signed up against, wishing to testify.
De Weerd: Good evening.
Thurber: Good afternoon. I'm Rick Thurber. I reside at 10421 West Rockwood. That's
in west Boise. I'm here on behalf of Ray Patel, who is out of state and couldn't attend.
A longtime friend of mine. He -- his home borders this project on the east side. He's
got a two acre estate property there. Yeah. That's it. Five thousand square feet.
Beautiful home. And it faces west. So, he is really concerned about the view and how
it's going to be obstructed. It looked like the landscape plans are going to put some
heavy vegetation along his border there, but per your testimony maybe that's not
possible. The transition from large estate lots -- larger estate lots, I don't know how
slight that can be as you are going west, but he is very concerned that it's going to affect
the value of property -- of his property, understanding that you can't stop growth. But he
wanted that point brought out, so you would understand this concerns. Any questions?
De Weerd: No. Thank you very much.
Thurber: Thank you.
Coles: Melody Wheeler signed up against, saying maybe wishing to testify.
M.Wheeler: Melody Wheeler. 2402 East Taconic.
De Weerd: Thank you.
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M.Wheeler: You're welcome. Mayor Tammy and Council, I am opposed to this new
subdivision plan. I'm sorry. I recently in the last few days met two of our newest
neighbors. They live right directly across from me and so I went over and visited with
them. Both said that they had looked for quite a while to find a larger piece of property
around Meridian and they were difficult, if not impossible to find. So, they were very
glad when they were able to come to Blackrock and they purchased their home.
Because they would like some elbow room, as we wanted to have some elbow room,
we moved here from New Jersey and were able to buy our lot several years ago and
appreciated the fact that we had a little space around our house. I would like to see the
southern rim continued to fill the need for larger estate lots in Meridian. It's a beautiful
area and I would like to see that continue to be the larger estate lots. Thank you.
De Weerd: Thank you.
Coles: Dawn Murphy signed up against, wishing to testify.
De Weerd: Good evening.
Murphy: Hi. My name is Dawn Murphy. I live at 2495 East Cyanite Drive. I'm in
Blackrock. I'm the north most neighbor from the proposed application and development.
Have not had any -- been approached by Mr. Conger for any of my concerns. And
while Josh brings up that -- my PowerPoint, I don't think it's been stressed enough that
on Lake Hazel there is a dip there one to one and a half homes away from the entrance
of this subdivision that completely obscures oncoming traffic. So, at a minimum this
entrance to their subdivision should be moved away from that dip as far as possible,
closest to Kathy Baumgartner's property. The next concern that I have -- and let's see.
There we go. So, that's my home. That is -- this is Cyanite. It's what comes up and
leaves -- this is the whole beautiful property that we have been talking about. It a gem
in Meridian. We established that already in the prior conversations we have had with
you. But my biggest concern -- I'm not -- I am not a person that says don't develop
behind me, that I want, you know, a lot of roomy space. I take care of my 80 year old
father in my home. We both -- my husband and I both work from home. There isn't
another home like the ones up at Blackrock that can accommodate our living
arrangements and our needs. I'm saving about 6,000 dollars a month taking care of my
father, instead of him being in assisted living. I'm not a wealthy person, but this is what
we need to do to take care of a family. Okay? But I am very, very concerned about
safety. So, this is the elevation as you come around our property and I apologize, this is
Google Earth's car taking this. So, these -- it's even a little higher, but there is a
significant elevation up to our property and, then, another one up to the East Ridge
behind us. This is about a 15 foot entrance to our driveway and it's at a little bit of a
curve. I didn't develop this property, I didn't buy this home -- or this lot and build it. This
was a short sale. I was lucky enough to kind of take this property that was an eye sore
in the subdivision and make it better. So, as you see this even looks -- this shows you
the elevation behind us. So, probably from the front of my house to the -- to the East
Ridge Subdivision is about 40 feet in -- in elevation and my lot is the one that has to
negotiate that -- that complete elevation. So, when you're coming around in front of our
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home -- this is a blind curve. This is where traffic is going to be traveling 25 to 35 miles
an hour around that corner. It's completely blind. I already -- almost get hit by the trash
truck coming around that corner just to pick up the trash and they already know that
they need to stop there. My father is 80 I mentioned. He is a driver. I worry about him
trying to get off of our driveway. If you notice when we come into our property we have
to get into oncoming traffic to come into our driveway. That's the only way we can get in
there and that's not even the safest way to park. The best way to park is to back in, so
that the doors don't slam little kids fingers and our legs and so -- and we also need to
back any kind of trailers or whatever you want into our driveway in order to -- we have a
small camper. So, what I'm asking is that we don't even open this road. Okay? I would
prefer that we hit the stub that goes down to Sky Mesa like was proposed. Those are
collector streets. These are not collector streets at all. And this is a steep curve. So,
on -- in the wintertime what you can't see here is that there is a home at the bottom of
that -- in that -- near that subdivision that has a driveway where there is a basketball
court, the kids are always out there playing. That's the community that we are trying to
build. R-15, the -- the senior -- over 55, it doesn't even have sidewalks. Are we really
developing something that doesn't have sidewalks? And a piece of land for the
community there -- for the estate community -- well, those parks are meant for
community gathering. Are you really going to have parents out there meeting other
parents or are we all going to -- all those residents just go play in their own yard? So,
we need those amenities. I really request that we connect to Sky Mesa and we move
the entrance of this subdivision as far away from that dip in the road as possible, so that
we have proper traffic flow through that really gem of a property and I think if it was
reworked with the R-4 that you requested, with larger lots that matched the whole
neighborhood -- we are talking about the ten acres, you know, both sides and the
Blackrock half acre to one acre, you would get a sense of cohesion across that beautiful
property and that's what I would like respectfully for you to consider tonight. Thank you.
De Weerd: Thank you.
Coles: Joe Baldwin signed up against, not wishing to testify. David Koga signed up as
neutral, wishing to testify.
Koga: Madam Mayor, City Council Members, my name is David Koga. 2450 Cyanite
Drive. I will try to make this quick. It's being redundant on some things. I have some
specific items, three things, and, then, more of a general closing. Number one, I really
appreciated when Jim Conger turned in the application he put together a letter and on
the letter there is three factors in -- three items in there that -- one says that phase one
will include the connection to Lake Hazel as required by City Council. That was a
comment that was made at City Council a long time ago and, secondly, asked for
construction access -- will be from -- will be from Lake Hazel Road -- to have
construction there. That -- I feel it's important enough that that item should be a site
specific or a PA -- a DA, development agreement, one of those other, so we have those
items in there. The second item has to do with Sky Mesa. It's all been talked -- more
than once. So, I think that's very critical that we do extend the east -- what's called the
East Mores Trail Drive, bring it directly from southeast subdivision north up to Sky -- Sky
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Mesa. I don't know if you can -- I think everybody has seen that. But I think it would be
very, very helpful to -- to extend that and help once again spread out the traffic
throughout different locations. In closing on this, though, I think it should be on the
record that I am one of the few people that did sit down with Mr. Conger on some of the
changes on the design and sat with Kathy also. I respect Kathy a lot on her decision on
there. She -- it was a tough decision for her, but I think it was good for her. I think at
the same time we had talked a little bit about give and take. Kathy mentioned that and
Mr. Conger mentioned that and I think there is one item we could look at this as a -- as
a little give and take originally when Conger turned in his application there was 119 lots.
The next one has 139 lots. Quite a bit more lots, based on the over 55 Village area.
One good compromise, we asked Mr. Conger to have less than 139 lots, maybe cut
back nine of those lots and what we would do on those other lots is around the
perimeter, try to -- there is three items in there. Number one, some of the -- I don't know
if you can see this, but on the northwest area try to make a one-one ratio on the lots
with -- with the Blackrock neighbors that live in there. So, there would be more like two
lots, instead of three lots, on the northwest corner. Then on the northeast corner we
would extend that road like we said, that might affect one of the lots also, but we would
extend the road down to the west to Sky Mesa. And in closing really quick, the site is a
great site. I mean I'm sure you guys have been on the site, but we don't want to just
come down and just cut it off and make this like a subdivision on the flat 40 acre sites,
there is some undulation and that's what Mr. Conger did on his first design, he tried to
work around existing. So, it would be nice that we could try to use the existing terrain,
the slopes in there. We can still have some nice lots in there. That's what you might --
that's what you might lose is a few also, so --
De Weerd: Mr. Koga, I guess since you were part of the discussion that led to some
concessions, did you also talk about what the designation was in the Comprehensive
Plan and what he could possibly be requesting?
Koga: Yeah. We talked -- we talked about it. I mean I think there is a time factor on
that that maybe was not considered any further. I mean it was discussed, but nothing
that -- I don't remember really talking in depth on that item.
De Weerd: Because what the Comprehensive Plan contemplates is a higher density
than a total of the R-4, which in total the number of lots fall below the R-4. So, was that
part of your discussion and -- no.
Koga: Not when I was there.
De Weerd: Okay. I assumed because you -- this is part of your world, that would have
been maybe some of the discussions that you had.
Koga: Yeah. No. We might have discussed it a little bit, not -- it was discussed a lot
more about design, layout, things like that.
De Weerd: Okay. Okay. Thank you.
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Coles: Lori Koga signed up against, saying maybe wanting to testify.
De Weerd: Good evening.
L.Koga: I'm Lori Koga. I live at 2450 East Cyanite Drive, Meridian, Idaho.
De Weerd: Thank you.
L.Koga: Madam Mayor and Council Members, I just want to say for the record that I
have concerns about the traffic safety what all my other neighborhood friends have
already got up and talked about and so traffic safety is a big, huge issue. It's already a
problem now. Then I also have concerns about the water issues. I am 57 years old.
I'm still working. I go in and out of the subdivision. I do all kinds of things. We live on --
I will retire soon, but, you know, as I retire my income is going to be less or will be level
and so I have concerns about people who might be moving into that neighborhood, how
are they going afford it? We used to live on a half acre lot that was on city water and
our summer bills were horrendous. Anyway. And, then, also just -- I agree with the
density and transition that they just brought up and I just want to say that for the record,
so -- that's it. Thank you.
De Weerd: Thank you.
Coles: Amy Anderson signed up against, not wishing to testify. And Bonnie Carter
signed up against, not wishing to testify. And with that, Madam Mayor, that's all the
sign-ups.
De Weerd: Thank you. Is there anyone who did not sign up that would like to provide
testimony? Or that did sign up, but changed their mind? Yes, sir. Good evening.
B.Shelton: Madam Mayor, my name is Ben Shelton and I'm at 2498 East Cyanite Drive
and I just wanted to respond to the question about the surveys. We talked about that a
couple weeks ago, just before Thanksgiving we came up -- is when I first heard about
the -- maybe there was a change where it was a new presentation, maybe it was, oh,
this is just a change from the other one, so it's a final come back and I told them I didn't
think we really needed it, because it -- it applied. Now -- now I find out this is a new
application and maybe all those surveys don't apply, but I assure you that we didn't do
that without thinking about -- we thought it would not matter and if it would have
mattered I feel bad that I was the guy that said we don't really need to do that, because
those people still I'm sure feel the same way that the other people have here. There is
no reason that -- I have heard contractor after contractor say people don't want big
yards anymore, they don't want -- they do. There are a lot of people who would like a
nice yard and space and enjoy that kind of thing and if they can afford that kind of thing,
then, Meridian should apply that for them and not 50 years from now look like Los
Angeles with their little 20 lane roads going through places, where we can spread
people out now, rather than condense them and, then, have those problems. I try to go
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to work to Micron from where I'm at and I can't get down Eagle. This last week -- and
we -- prior to Thanksgiving and, then, after Thanksgiving again Eagle Road is backed
up all the way to Amity. I went down to Cloverdale, backed up all the way to Amity. I
couldn't even make it four cars through the turn this morning. It stopped, because it was
already backed up all the way to Amity. The roads are already packed and we haven't
even begun to fill this place up. There is a lot of beautiful land out there that's -- that's
flat. Let's use the rim for what it should be is beautiful homes that can take advantage
of that and use the rest of this land, which is great land, for the other subdivisions.
Thank you for your time.
De Weerd: Thank you. Sir.
Van Akron: My name is Gary Van Akron. I live at 3967 East Raja Drive. Nowhere near
this. But I wanted to bring something up that the gentleman just mentioned and just
piggyback on something here. You know, I used to live in east Boise and I met the
gentleman whose wife passed away in the fire from the rim and I just want to point out
on the diagram up here that this 55 plus development is very close proximity. These
are in quad structure. I'm sure the wind blows out there and I'm sure that if one of these
houses catches on fire, all four of those houses are going to catch on fire and I just want
to point that out. If that's been taken into consideration and just to think about that and
this high density with older people who have a hard time to get around, you know, they
are really at risk.
De Weerd: I'm sorry, I am 55 and older and I don't have a hard time getting around.
So, please, don't use that argument. I am feeling really, really old right now.
Bird: You're going to be the oldest elected official come January. The second oldest.
Van Akron: Well, but 55 is the cutoff. Fifty-five is the minimum -- you know, the
minimum age. It -- it goes up from there and so I just want to say, hey, you know, if you
wake up in the middle of the night and your house is on fire or your neighbor's house is
on fire, you know, there can be some pretty serious consequences and so this kind of
density -- you know, they probably need to lower the density in this. Thank you.
De Weerd: Thank you.
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: To be fair, I'm 29 and I have a hard time getting out.
De Weerd: Yes, sir. Good evening.
Kasurbin: My name is Serge Kasurbin. I said neutral, but I -- as I was listening I felt
compelled to say my --
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De Weerd: Do you want to pull the microphone --
Kasurbin: I felt compelled to say something, because we just recently moved to
Meridian and it's a beautiful city and I'm honored to be here actually to speak with you --
before you guys and the fact that it's a high density development causes tremendous
traffic issues and we came from Portland, Oregon, where they allowed such densities
and it became too much of a nightmare to drive over the years. So, I'm siding with the
people saying that let's keep that side -- that south Meridian beautiful, spread out, keep
-- you know, give the opportunity for people to buy acre lots, because there is a need for
it. That's all I want to say.
De Weerd: Thank you, sir. Any further testimony? Did I see another hand out there?
Okay. If there is no further testimony -- yes. Caleb.
Hood: So, Madam Mayor, I just wanted to one circle back. Councilman Borton had
some -- some questions as to -- a little bit of information particularly on where the roads
currently stand in ACHD's programming. I will note you do have a report from ACHD in
your packet on page two. It was -- it was actually composed right before ACHD
adopted their current integrated five year work plan. If you want to read that again, we
have the ACHD staff report. Josh has a -- a map -- a picture is worth a thousand words
and I think this exhibit kind of shows if you look at the legend on the right-hand side you
can see where those improvements -- particularly on Lake Hazel and some of the
intersections -- the intersections are a little bit more difficult to make out, but the
intersection of Cloverdale and Lake Hazel is also in their -- their programming for their
integrated five year work plan in preliminary development, which means it's -- it's more
than the five years out. You see the list of years through 2022, it's one of the next
corridors to move up in the programming and it could even accelerate into 2021 or
2022, but right now it's in the out years of the integrated five year work plan. I do want
to just note for everybody in attendance, we do have a transportation commission in
Meridian and I have made a note of -- enough people have made note of the speed on
Lake Hazel in particular, so I'm going to bring that to our transportation commission,
have them discuss it with ACHD present, see what ACHD traffic can maybe do and
evaluate the speed limit to see if 50 is still appropriate or not. I'm not making any
guarantees that any changes will be made, but just ask them to look at that and kick
that around and, Madam Mayor, if it's okay while I have the microphone, I will also just
note that on January 3rd, between the hours of 6:00 and 7:00 p.m. in Conference Room
A and B, we are going to be discussing potential policy changes to the city's
Comprehensive Plan related to future development in what we are calling the south rim
area. So, I just want to extend that invite to folks. You will be hopefully seeing more
about that through electronic invites and post cards and that type of a thing, but while
we have got a captive audience I just wanted to also put that out there, that, again,
January 3rd, 6:00 p.m. here, we will talk about potential policies regarding future
development policies in this general vicinity, so --
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De Weerd: Thank you, Caleb. I'm going to call a ten minute recess before Mr. Conger
comes up.
(Recess: 9:19 p.m. to 9:31 p.m.)
De Weerd: Okay. I will go ahead and reconvene or -- and turn this over to Mr. Conger
for his summary remarks.
Conger: Madam Mayor, Members of the Council, Jim Conger one last time. Just
wanted to circle back around. I know it was hit several times and discussed of the
Comprehensive Plan. I heard lots of comments I think from the Council side -- I think
everybody gets it, I just -- reiterating more for the neighbors. This is the city's
Comprehensive Plan that's directing the types of products and, more importantly, the
densities and the growth that the city has laid out for the future planning, which is now. I
think running quickly through the items I heard that I need to address to you or for the
neighbors, we heard a lot -- a lot of questions about traffic and the entrance and
construction traffic. This Exhibit A does address our phase one, which is the estate lots,
not only as a construction entrance to Lake Hazel, but it's actually the permanent
entrance to Lake Hazel. So, that is definitely addressed in Exhibit A that would be a
part of the development agreement. There is no way not to have that -- that entrance.
As far as traffic -- excuse me, I don't know if it was my talking or everybody's talking. I
have lost my voice somehow. But, then, you know, as far as traffic goes, we are kind of
a little confused, you know, on the neighbors that are still complaining about traffic and I
think that's why we are seeing a little bit less of the original petitioners that when this
went through and on our -- all of our meetings and coalition meetings -- and there was a
representative from Blackrock neighborhood association on that coalition, Mr. Koga.
The -- the reason we think you're not seeing as much as that is this project, again,
produces 30 percent less traffic. That is not Jim Conger numbers, that is the traffic
impact study that we had to redo with this new project and that is submitted to the
highway district and as part of the packet as well. So, the traffic going back and coming
back with an R-4 we are going to have the same people and the same stance
complaining about the same thing, because this produces less traffic than what another
typical could be in its place. Going with the traffic, the other reason we purposefully
designed The Village entrance at Lake Hazel, that could have gone in a numerous of
locations. That was done on purpose to get that Village traffic at Lake Hazel -- literally
at Lake Hazel. As far as moving onto Taconic, I created this exhibit that somehow got
up during everybody's speaking points, but the distances of yellow-blue are the exact
same distances. The speed limits are 25 in the blue. If you don't do 25, evidently, you
get a speeding ticket we all heard. The yellows are the 50. You know, this is everybody
assuming every bit of traffic is going to Eagle Road. Actually, specifically with
construction traffic, the odds of at least half of the traffic going to the Meridian-Kuna
Highway is probably pretty -- pretty large. We don't see -- we have had lots of
developments get approved where the odds for cut-through traffic were very
significantly high. This isn't one of those projects where we can actually look you in the
eye and say, boy, I think the majority of the traffic is following the yellow, because that's
just the common sense to go and whatever else will go out to the Meridian-Kuna
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Highway and, then, couple that with our traffic impact study that is part of the record.
Taconic at our full build out will be at 30 percent capacity. So, these -- these traffic jams
on Taconic and such that we are hearing -- and I don't -- don't know that we have those
yet. I get it that they are at Eagle Road, which is even more reason that -- that most
people will go to Lake Hazel. Lake Hazel I think -- and you heard the people from
Micron. Lake Hazel, as Caleb indicated, as it starts to be developed is most likely going
to be improvements from the east -- from the Boise direction into Meridian and this is
going to be -- you could argue it with Chinden someday as far as the handiness of the
east-west connection of Lake Hazel is going to be amazing from Meridian to Boise, to
the far interchange of the Micron area. That's going to be -- I don't think it will be
negative, but I think that will be a pretty amazing corridor, but it's going to be a busy
corridor. Leaving -- leaving traffic, I think, you know, touching quickly on water rights,
we don't have water rights, we are working hard to -- to get some. I keep, again, being
conflicted with all the public testimony of larger lots, but they can't water the larger lots.
I think the -- the balance of our water rights with the amount of estate lots -- we are still
providing 41 spectacular estate lots in this project. I think that balance and the variety
of product with The Village is kind of part and parcel also derivative of our lack of water
rights. The water needs inside The Village are extremely small compared to our one
acre lots that we do have and, then, our average of half acre lots. Finally, closing, I
guess we are taking a methodical decision with this land plan and particularly the -- the
unique housing product to market in this particular Meridian area. A safe and easy
route would be the two story typical R-4 lots, smack them out, sell off lots to 17 different
builders or one big large builder. We want to develop projects that are special. I do a
lot -- a majority or all of my projects with Blackrock, we work hard to make them special.
Not everyone can or is willing to do that. I have a builder in tow, which makes that
ability for me a little bit easier. I know the product before I hit the ground and we hope
you appreciate our efforts to carve out a few special places in Meridian that we can still
-- still leave something that's special. We are excited to move this project forward
tonight and look forward to approval based off the staff report and the recommended
conditions that were sent forth by Planning and Zone Commission. Thank you very
much.
De Weerd: Council, questions?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Jim, I got a -- I can't get my arms around the over 55 part of this. You -- for us
older people that don't have the resources --
De Weerd: Mr. Bird and I.
Bird: -- don't have the reflexes that we used to have and stuff, turning out on Lake
Hazel into the traffic, I agree with you, I think most people will head down the Meridian
Road, so that don't -- but I don't know if that's close enough to your shopping areas and
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stuff for the older people. I mean maybe for the 55 up to 70 years, so -- but as you get
-- you know, as you get -- you're right, we don't travel -- we don't go around as much as
we have to -- as we used to, but at -- and in the same token we don't want to get -- and
have to drive ten miles to do our shopping or -- and at that age or usually spending quite
a bit of time at doctors' offices and stuff, so -- I just -- I just can't figure out -- and another
thing, why -- I know you told somebody that R-4 wouldn't pencil out. I don't know. I just
-- I have got a funny feeling about this development. I -- I don't know how I'm going to
vote.
Conger: Madam Mayor, is that a question?
De Weerd: So, his question I think is about the 55 and older community and how you
age restrict it.
Conger: Well, that's fair.
De Weerd: Right?
Bird: Yeah. I just -- is that the right location. That's -- I mean you're a long way --
you're feeding onto some very heavily traffic two and three lane roads for older people
and there is a long ways away -- actually, probably the little shopping center in there by
Kuna High School by the dairy over there, is the closest little shopping center there is to
this, unless you go down Eagle Road and get into that.
Conger: Well, Madam Mayor, Council Member Bird, I will let the Mayor tell me when to
stop talking, because I have got a list a mile long of why this is a spectacular location
and we have done a tremendous amount of research on it.
Bird: That's what I meant.
Conger: We have done market analysis for this segment of the market, for this
particular location, and, again, they are not speculative, this is myself with Blackrock
homes, this will not be our first one of this product. So, we do know what our clientele
likes and we do know what they have to be near. So, I couldn't agree more. Again, this
isn't an assisted living facility, this is a vibrant age. In six years I'm in this facility and I'm
pretty sure I'm going to make it out with the fire alarm. But -- but I think we have already
been through the Fire Department and everything, so that -- that step was covered. But
I think the -- the serious point of this is we are four miles -- we aren't any bit more than
that to the actual interstate, which is, basically, the hospital. You have WinCo coming in
at that location, but back up further, we have Albertson's coming at Amity. We are one
mile to Albertson's. We can see the brand new YMCA that I know tons of people in his
room worked so hard to get. Our people are going to be there. We can literally see it.
It's at the end of the yellow line right here. We have a golf course less than a half a mile
away. I don't think everybody quite understands how vibrant of an area this is and this
is why you're starting -- once the sewer and water became available, why everybody
wants to live here. Of course Blackrock, which started out as an Ada county
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subdivision, then, got brought into the city, they had it before everybody else, now a few
of the larger parcels didn't like it when they were approved, now they are not liking it
quite as much when the rest of the city catches up with it. But this area is exploding.
It's going to have tons of -- you know, as far as services, it's going to have a
tremendous amount of services. Now, hospitals is -- as we get to the older -- the other
age of the 55 and older, is an important factor for our location of these sites as well and
certainly within four miles is definitely within our realm. It is a hop, skip and a jump. So,
you know, all due respect, that Kuna market is a long ways away and if -- if you went
and drove it you're going to need a half a tank of gas. So, we -- we definitely have a lot
around us and very specifically where -- you know, by the time -- we are still another
two years away before we even have a homeowner in there in this part of the , you
know, development for sure.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: If we are talking about the over 55 Village, I did have a question. I think it's
important to note, I would move into a 55 and older community tomorrow if my wife
would let me and if I was older. I think that they are great. The idea of having my yard
maintained and quiet neighbors and fresh baked cookies all the time -- to me that
seems very, very appealing. But I think that many of the neighbors brought up some
concern about how that age restriction piece is going to be implemented and when I
turn 55 can my, then, 50 -- my wife is going to kill me -- 53 year old wife at the time
move in with me? I mean talk to me about that process and what's going to be
implemented to keep the 55 year old from having their seventeen year old child live in
the neighborhood and it sounds to me like that's causing some consternation with the
neighbors and I'm just curious what your plans are to mitigate that.
Conger: Sure. Madam Mayor, Council Member Cavener, as Mr. Nary indicated, we did
indicate that we are working with our legal team and we have already done it with other
facilities of creating the documents that are required. They, then, as Mr. Nary indicated,
get implemented into the CC&Rs, as well as other contractual documents that get
executed and things of that nature when you become a buyer. You can have a spouse
that's not 55. You cannot have children under 18. So, there is rules that come with
that. But, yes, both spouses do not have to be 55. One of the two have to be 55. That
is a state of Idaho law that has been tried and tested and is not in limbo of being a --
can you do it or can you not do it. It is very much set in stone. It's a good question.
De Weerd: I have three 55 and older in our region. I'm not in one of them. Just want to
say. And I think the residents are extremely happy with their gated community and --
Cavener: Madam Mayor, I have additional questions. I don't want to --
De Weerd: Okay.
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Cavener: -- monopolize everyone's time. Jim, there was some testimony brought up
and I recall our conversations during the Sky Mesa discussion about that stub street,
that kind of quasi cul-de-sac to the north. Can you talk us through why -- what the
decision was to not punch that through and have that connect to your development? It
seems like a missed opportunity to me.
Conger: Yeah. Madam Mayor, Council Member Cavener -- Josh, can you go back to
mine that was right there. Sorry. I guess either one will function. Sorry. Thank you.
So -- so, the -- as far as the connectivity goes, that was never -- I mean physically able
to connect. We have a 30 to 35 foot vertical difference in grade between our property
and that lower property. In some of the original plans we had seven lots down on that
lower bench that we don't have any longer. So, when Sky Mesa came in you guys
required them to stub, it's not going to be connectivity to above, that was just to allow
access for our original seven lots that were down in the bottom. So, through our
approval process at the highway district and, then, through all our planning through the
City of Meridian, this -- physically the two can't connect. The same reason you don't
see -- if you look into Blackrock, why that cul-de-sac isn't a stub off the road -- besides,
they would have lost a lot if you do it -- that that grade and their slope is too great of a
difference for that -- that slope area to get down to the bottom. So, from a connectivity
standpoint those two cannot connect. The same reason we also don't have a stub to
the east boundary. You -- in typical flat land developments you will never see where we
don't have a stub to the -- in this particular case on the right side of the east boundary.
It's not physically possible and that's the only reason you don't have them. They have
stubs from the bottom into that east property. We can't give a stub. We went all the
way through staff -- of your staff and all the way through the highway district approval,
it's just -- everybody has connectivity requirements. We can't physically make it with the
grades.
De Weerd: Just to -- to find out, is there -- who in the audience is here for 9-B? If you
will raise your hand. That would be for Movado Greens Subdivision. I know it's getting
late. We can invite you to stay and we will just continue this or I can suggest to Council
that this be continued until next week. So, continued to next week. I know you have
been here the whole time, I just want to -- to make sure you're okay with that. Okay.
Council, are you good with that suggestion?
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: I'm curious with the applicant, who paid for it, has to say.
De Weerd: Well, we can continue it until then. I don't -- it's late. When we get rummy
we are very unpredictable.
Conger: I would not argue with the Mayor. I would just maybe state that since we didn't
have any of these neighbors at our P&Z hearing, that I am allowed to at least get one
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contact name to go meet with these folks. I think they have bad information that they
think this apartment is in the back end of our project by their --
De Weerd: Well, I don't want to have any testimony about it right now.
Conger: No. No. No. I'm just wondering if --
De Weerd: But I am sure if you have some folks with you -- okay. Yes. I'm sure
someone will talk with you about it.
Conger: Yeah. That's perfect.
De Weerd: Am I speaking on your behalf? So, that gentleman over there will talk to
you about it. Right? Mr. Clerk certainly will. Well, I mean to the Action Items. There
may be a few things before that. Okay. We will do what we can. Okay. So, I apologize
for the interruption, but I just wanted to make sure -- I don't know how much longer this
conversation will go on, but we will go ahead -- I will open the public hearing. I will ask
for staff to present it next week. Is the applicant good with that?
Conger: Yes, I am.
De Weerd: Thank you. Okay. I apologize for the interruption. Mr. Cavener, I know you
had a few more questions.
Cavener: A couple more, Madam Mayor, if I may. Kim, your testimony in this I guess
surprised me that there is not sidewalks in that private village drive. Is that accurate?
And tell me why.
Conger: Yeah. Madam Mayor, Council Member Cavener, yeah, there are no sidewalks
inside The Village product. It's similar to our Movado that we had approved that we are
currently building and underway. That is such an intimate little narrow feeling and all
that street presence -- everybody is walking in the edge of streets and just in the very
little traffic and any of the traffic is slow. You start widening it out and getting big wide
lanes and the next thing you know everybody travels fast. But in all our projects, which
this will be, basically, the third one we have been involved with and -- well, actually,
almost fourth, but third one for sure, in all our research it is just not necessary and it just
ends up widening everything out.
Cavener: Okay. A couple more, Madam Mayor, if I may.
De Weerd: Uh-huh.
Cavener: Jim, you started tonight -- I thought you did a great job about talking about
public engagement. That's something to me it's really important. And, then, we heard
tonight time and time again members of the Blackrock Subdivision feel like that they
weren't engaged. I can understand you can't reach everybody, but we heard a lot of the
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people tonight that were frustrated about the lack of engagement and I'm hoping that
you would have an opportunity to provide any clarification as to why they think that way
or share with us the process that you went through to engage the people of that
neighborhood.
Conger: Yes. Madam Mayor, Council Member Cavener, so the original process was a
-- a public meeting -- a noticed public meeting and at that point you have heard a lot of
discussions -- we don't know if this is a new application, old application. It was
extremely clear at that point this is a new application and we were doing a noticed
public meeting for that and, then, once it was determined that we weren't going to start
meeting with large groups of neighborhoods, it was given to the direction of the Meridian
-- the Southwest Meridian Planning Coalition. So, that had a Blackrock individual on it.
Then we had an individual with a large acreage. We had -- we had a total of four
people on that board. At that point Mr. Stroo was -- Jim Stroo was the Blackrock
president. I'm not sure if he is today. Still is? Yeah. Still is the president. We had -- I
had phone conversations with Mr. Stroo. We were meeting with the coalition. They
didn't -- what I guess I'm saying they didn't want -- have a desire for any more meetings
with them in particular, because they wanted to have their votes and everything on
whether to do the first plan, the second plan, or no plan and they kept saying that they
are doing the no plan. So, I think those conversations -- you heard from Mr. Stroo's wife
that I hadn't communicated with her. I guess she actually is the ownership of the house,
but I have been talking with him. So, several of those neighbors we had talked with, but
we might not be talking to the right part of the neighbor I guess. But the -- the direct
response from everybody was to meet with the coalition and I have never once said that
I had the Blackrock support of this plan. So, that I don't believe I said that at the start of
this conversation and I heard that. No, we did not have unanimous of anybody. But we
had a fair amount -- less than four as far as petitions against for sure.
Cavener: I agree with you on that. Good for me for now, Madam Mayor.
De Weerd: Other questions from Council?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Jim, there was a comment about the Grimmett Lateral and what can and can't
be going to there and how it can and can't be utilized and --
Conger: Yeah. Madam Mayor, Council Member Borton -- no. Fair question. So, that
Grimmett Lateral is a small part of this project. If you look at what's on my screen, it
would be along that right boundary or east boundary only up to that arrow point -- of that
point. So, the Grimmett Lateral is controlled by the New York, but it is managed by
Project Board of Control, because it's federal. So, we have already produced the
drawings for relocation -- relocating that Grimmett Lateral all over. We, in fact -- in fact,
today was our -- I almost call it our final meeting with Project Board of Control, who has
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approved the plans and, then, it will be several months or longer with Lupe Martinez,
which is with the -- you know, the bureau. So, as far as plantings, that is a 40 foot
easement in that particular spot. The neighbor is absolutely accurate, that is grass.
You aren't able to put trees in -- in that easement. They will come chop those down.
But as far as the access road, we actually have to provide an access route on that and
-- and all of that is in -- in the requirement of Project Board of Control. So, there is no
shortcutting that system. But no. Absolutely. Grasses in that particular stretch, along
with a 16 foot wide gravel road. So, you have 40 foot minus 16 and that's the balance.
De Weerd: And how about the fencing?
Conger: The fencing -- yeah. We have the ability to fence along our property boundary.
Now, the fence along the frontage where we come across, we have done numerous
with them and I believe in this one our fence just has to have the proper gates that meet
their requirements. It cannot be a fence, it would have to be a gate- type environment.
So, that is in our -- because we care, as much as I know you, Mayor, very much care
what does our buffer look like that's required on -- our landscape buffer on Lake Hazel
and -- and this easement comes across -- across that buffer. So, we will have a stretch
that won't have trees, it will have the gates, it will have the fence across it and a gate
format and it will have plenty of shrubs on each side of it and it will look seamless.
De Weerd: And have you worked with Mr. Cantrell about keeping his cows in?
Conger: I have --
De Weerd: Or horses or livestock.
Conger: Livestock. In general. Yeah. I have not worked with him. We understood --
you know, in the original meetings and the original public hearing, we had a pedestrian
pathway down there along that boundary line and that has since been removed. So, I
don't know -- we certainly are planning on doing a wrought iron fence, which typically
those have four inch spacing in them -- no more than four. That we can guarantee. All
our fencing has the four inch spindles. Typically speaking if they start getting any bigger
you will hurt livestock or kids or anything else that try to go through it. So, we believe
the wrought iron fence would be better than any sort of a six foot solid -- because
typically we would do vinyl, because it’s a lifetime product and whether cows eat vinyl
I'm not -- I'm not entirely certain. But I know they won't eat wrought iron.
De Weerd: Mr. Borton, did you have more questions?
Borton: Madam Mayor, I do. I have got two I guess I will put into one and give you a
shot at trying to help resolve one of the -- or a couple of the bigger issues and you have
-- I think you have made really great strides in trying to address a lot of the issues when
you go back and read the minutes and what was discussed and concerns raised at the
meeting, you really I think have gone a long way, which is I think typical for the type of
work that you do in Meridian. There are two particular items that I would like your
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comment on and that are, I guess, unresolved somewhat. One is -- is the water issue
that we have all talked about and to gain some comfort, understanding that, you know,
the city's policy always is for using the irrigation water and there is opportunities to
waive that requirement and use city water, but it's -- we all agree that's not what anyone
wants to do whenever possible. So, the fact that there is not a water right available now
begs the question of is it really the appropriate time. Every now and then we come
across a development that it might make sense, but it might not be the right time for it to
be approved and is the absence of water, in light of the common understanding of why
we -- we require utilization of irrigation water, is that indicative of a project that it's not
the right time for? And that's part one, the irrigation water. And part two is -- and Mr.
Hood mentioned it, some of the work we are doing with the Comprehensive Plan and
some of the open house work in the southern rim area starting in January and in light of
what we are doing to review this area and the city as a whole, the Comprehensive Plan,
is that also -- those two issues kind of combine to say this project just might not be the
right time for it at this location. So, give you a chance to respond to that.
Conger: You bet. Madam Mayor, Council Member Borton, starting off with the -- the
compliment -- you know, that compliment also goes to city staff. What we did as far as
-- boiled down you talked about how we hit a lot of the points from the first hearing is our
first meetings with the coalition that were held in Meridian was -- was literally going
through the minutes and hitting all the items, so we could -- we could put those on one
side of the table in a big pile before we even started going through planning and fine
tuning. So, a lot of -- a lot of that is, yes, we brought that to the table, but the city -- you
know, your staff brought that to the table and the coalition was extremely helpful in,
okay, identifying here is the six items from City Council that we need to, you know,
definitely incorporate in and we heard that loud and clear. So, that's one that you -- you
could pull that out, because there is a lot of effort that went into that from a lot of parties.
Now, as far as the -- the right time, I mean there are a handful of projects -- or a handful
of land parcels that are just never going to have water rights. So, we have -- in the
process of acquiring eight acres, which is more than our -- well, it's about our common
area, especially when you count the -- The Village area. So, that is a giant deal.
Typically speaking HOAs have a bigger burden of watering their common areas than --
than individuals do with watering their houses, because they can actually control what
they plant, how they plant it. Just because you lose -- use less water doesn't mean you
have less landscaping and an uglier house. It means you have less turf. But it doesn't
mean you have a less thought out and less planned out landscaping atmosphere. Now,
as far as the right timing, I mean we -- that -- that was one of the items on the table that
came from the last -- and actually came from you in the last, you know, public hearing
and -- and we have gone through the -- you know, the city is spending money and
acquired an 80 acre park that we are right across the street from. So, if we aren't at the
right time for this project and you're starting construction next year right across the
street, then, we are certainly not connecting the two dots together. The city just ran the
water main just past this property all the way up to Lake Hazel -- to Locust Grove I
mean. The sewer now is getting to this property. If I were to really be blazon and put
up all the applications in this area, I have an exhibit if anybody wants to see it, it's in red,
and the place is a giant red glow. This area is -- I mean as far as timing goes, it is time
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to develop. Now, to hold a property for water rights I think that might be the question.
You know, we -- your neighbor is correct, the New York isn't even the number one water
purveyor here. Nampa-Meridian and -- Nampa-Meridian -- it doesn't matter, but I'm
going to get it right. And the Boise-Kuna both rejected us. So, we have rejections in
writing. So, we have submitted to New York, who not only has put us into the queue,
but ours is an application for water rights, but it's also an application to annex. So, it's
two applications. Now, both of them are going to get unprocessed, because they have
no water right to give. But this property -- there is a high likely to my eight acres that I
have gone around a whole different avenue to get in the sub surface world -- is all this
property is ever going to get. I mean it gave up its water rights two owners ago. There
is a high likelihood it's never going to get him back past the eight acres that I think I'm
going to get. Now, with that being said, again, we have had three or four in the last ten
years that we have done that had waivers. Maybe one in the city and two in Boise.
That is what that provision is for. That provision is -- isn't that this property is ahead of
time, it's this property just had some lack of management by previous landowners and --
and it's never going to change. I mean it's not going to probably change past the eight
acres. So, as far as the function of time, I think with having the park, expending money
to build, having the water lines put in front of it this actual year -- actually last month and
the sewer that's readily available here in the next several months, it doesn't -- we had a
hard time as the developer -- obviously, our land -- old landowner didn't understand it
and I think even with that as far as timing goes, this is a pretty vibrant area and we don't
understand how -- how the timing isn't -- isn't -- isn't right for this. It certainly comes full
circle back to the Comprehensive Plan. Lake Hazel is going to start building out. Eighty
acre regional park. YMCA. I mean there is just a million things right here that make this
the right place to be developing at this right time.
Borton: One follow up, Madam Mayor?
De Weerd: Uh-huh.
Borton: So, Jim, if there is -- if there is efforts to obtain water rights, which it might take
two to four years to get, is there something within the DA or your proposal that triggers
some conversion if you -- if this goes forward and its seven years down the road and
you acquire the rights that you wish you had now, does the use of the city water cease
at some point? Is it converted or what's contemplated there?
Conger: Madam Mayor, Council Member Borton, you know that's awful easy and fun
for me just to say, yeah, you bet. I think logistically seven years down the road, if I'm
not an owner of anything in there --
Borton: Right.
Conger: -- I have had the HOA, I have turned it over, I don't even have a voting right on
the board, I think logistically and legally if -- if we were talking seven to ten years from
now, I certainly would be looking at you and lying saying, yeah, that wouldn't be an
issue. I don't think we would have control to do that.
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Borton: Well -- and, Madam Mayor, I guess the DA is the question of whether that's
ever been done or am I speaking of a concept that doesn't exist?
Nary: I guess, Madam Mayor, Members of the Council, it hasn't been done. I don't
recall anything like that and part of it is, as you have heard me say before, is the -- the
triggering effect. Who is going to track that? How are we going to trigger it? How are
we going to, then, require it in the DA. They would have to, then, commit to building
infrastructure into the ground now or commit to funding it in the future, which, again, are
problematic and it's certainly not something we couldn't do, it's just not something we
have. So, I just -- that's my only concern is triggering it, activating it, getting the HOA on
board five, eight, ten years from now, if that's really how far along it is. Certainly
something we can consider if that's the Council's directions.
De Weerd: And I don't think it -- it's difficult reversing that anyway. I lived in Glenfield
Manor and we had an irrigation ditch running behind us and we couldn't tap into it. We
were on city water and the irrigation districts would not reverse that. So, I don't know,
even if you wanted to, if you could unring that bell, which is probably -- it wasn't
available at the time and -- Kyle, what is the -- the process of getting city water is those
two refusals of the irrigation districts that could not serve this piece of property, is that
what we require before we offer the city water aspect?
Radek: Madam Mayor, I -- I think Bruce Freckleton has got it in his -- his staff
comments for the subdivision, saying that -- will need to provide written evidence of
determination to demonstrate inadequacy of all sources of water for irrigation to the city
engineer before a waiver to be granted. So, that's something that they will present to
Warren. I will say on the topic of conversion from city water to -- back to irrigation, there
are subdivisions that could do it and want to do it, the biggest problem they run into is
the infrastructure, because they would have to build the whole distribution system. So,
if there is not a distribution system built from the beginning, it would never happen. But
if we considered putting the irrigation distribution system in, which would be a little
different -- you know, they would have a billing issue, which wouldn't be insurmountable.
But, then, the -- the infrastructure would be in and, then, if there were ever surface
water available, then, it's just a matter of putting in the pump station and then -- then
they have got it. But if you don't have that, then, you will never put an LID together to
replace city water with surface water, because it's too expensive.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Kyle, if -- if we don't -- if the water for the irrigation isn't ran through the meter, if
we had -- if -- and it would have to be the developer to put in the system using city water
and with the one meter, homeowner -- and you put it under the homeowner
associations, we have got a lot of subs out there that homeowner associations that went
broke or are nonexistent, how are we going to collect -- I think in the defense of the city,
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if you're going to let them irrigate with city water, it has to go through, just like mine does
or Old Town, it goes through our meter, we have our own back flow and we pay in the
summertime a good amount of money. But that's the only way you're going to be able
to control it and collect it. I don't depend on homeowners associations that much,
because it's just a group of people looking out for themselves.
Conger: Madam Mayor, if I may just finalize that conversation possibly is the
infrastructure is going to be all in in the common areas and of the common areas of The
Village. It would simply be the -- the estate lots that are going to be individually metered
and paying in their own water bills. So, there -- you know, we have already sat down
with several of our custom builders that would be in the estate lots -- and, trust me, you
don't want the phone call. They get the first phone call. I get the second phone call
typically and, typically, hopefully, you get the third phone call and we would like you not
to get one at all. So, we have enough documentation in place, we have enough people
with these -- you know, we -- our goal is to sell to two or three custom builders, who,
then, control the landscaping and control things of that nature. So, we know -- you
know, everybody is talking about these poor little estate lots. These are half acre lots
and larger and these -- as everybody says they are in high demand I guess. So,
these people are going to spend a lot of money to -- to live in the gold area. That water
bill will just be part of it. I personally have a house that doesn't have water rights, it had
to -- had to get a waiver as well and, then, in June and July I -- I guess I eat out less. I
have to pay more for my water bill.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Okay. Jim, now for my pea brain, what you're telling us on the watering system,
The Village is going to be handled by one system by the association that's running The
Village. The rest of the lots are going to be individual off of city water. Is that right?
Conger: Madam Mayor, Mr. Bird, that is absolutely correct. Our Village area is fully
maintained through everything. So, the water is just another fully maintained.
Bird: And who is -- who is responsible for that? The homeowners association. Now,
this is -- in fairness, Mr. Bird, this is different. These -- this neighborhood -- I mean they
have got a 3,000 square foot community center, they have got their exterior
maintenance, they have got their -- all their yards are being -- I mean the --
Bird: We are -- my wife and I are looking at over 55. We --
Conger: Boy, do I got a deal for you.
Bird: -- the deal and they -- no. Not that far out.
Conger: I got a tour for you, Mr. Bird.
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De Weerd: Other questions for Mr. Conger?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Question. And, Jim, I have to echo some of the comments from Council. I
appreciate your -- your effort and your intent to address many of the concerns that you
heard from residents and the Council on -- on your previous application. The one piece
that I am -- I am wrestling with is -- and if I recall, this spring when you bought your
other application, I was, for the most part, relatively supportive of it. But there was
feedback from the Council that I heard loud and clear was bring us back an application
with less units and the application before us has more units and I just need to
understand what the rationale was behind that, why if -- if the Council says this is
something that should really come forward, that you would bring back something with
more, not less.
Conger: Madam Mayor, Council Member Cavener, no, fair question. We did have
those piles of the City Council items -- don't really recall it saying come back with less
lots, it was a very direct mandate, go back and bring back R-4. So, when -- in our sit
down of working through R-4 -- you know. And it was two things. It wasn't just R-4.
Like I said, there was a pile of at least six items. It was transition better to Blackrock.
We -- we have done that. Transition better to the east boundary. We did that. We sit
down with the west boundary and, quite frankly, if I had a project in front of you that -- in
that green area that wasn't 60 percent less per house in traffic, we should be having a
further discussion with neighbors into having a concern, but it -- taking traffic aside,
which this product does remove traffic altogether, then, it comes down to shouldn't that
west boundary neighbor have about more say than -- than the three Blackrock homes
next to it and the others on the east side, that we did listen to Council and come back.
This is an R-4 product. It's actually an R-2 product, except we have to go R-4, because
your R-2 zoning code is a little bit broken with side yard setbacks that we are working
with staff on at some point. But this is an R-4. It's R-2 in the gold. And the neighbor to
the west -- yeah. I mean we can give her R-4, typical two story lots, that's -- you know,
every time I have been in here before when I don't listen to the neighbor to the west, I --
I get abused. Now, I have got the neighbor to the west with -- with us hand in hand on
this product, because it is a better product now. So, yes, there ended up being more
homes. Certainly less traffic, 30 to 32 percent less traffic, but because of the product
type is how we come. So, we took this pile of at least six items that we took out of City
Council, what -- what we think we brought back was everything but the R-4
development. We did not bring that back to you. We think we did better with all the
mingling with neighbors, so --
De Weerd: Okay.
Bird: Anymore? Thank you, Jim.
Meridian City Council
November 28, 2017
Page 72 of 79
De Weerd: Any final comments?
Conger: No. Madam Mayor, we definitely appreciate the process. The remand back
was actually healthy and we look forward to moving this project forward for sure. Thank
you.
De Weerd: Thank you. Anything further from staff? Okay. Council?
Bird: Council, need anymore? Madam Mayor?
De Weerd: Mr. Bird.
Bird: Seeing we don't need -- they don't need any more public hearing, I move we close
the public hearing on H-2017-0129.
Palmer: Second.
De Weerd: I have a motion and a second to close the public hearing on Item 9-A. All
those in favor say aye. All ayes.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: Maybe a motion to facilitate any discussion afterwards. I move we approve H -
2017-0129 and to include the much spoken of Exhibit A requirements and to waive the
requirement to obtain water rights. Did I miss anything important?
Bird: Madam Mayor?
Palmer: Anybody want to second?
Bird: I will. I will second and, then, I got a question.
De Weerd: Thank you, Mr. Bird.
Bird: For the maker of the motion, does that include the comments from the applicant
in your motion? All comments?
Palmer: Absolutely.
Bird: Okay. Does that included -- that's the -- the one thing I was hung up on with the
irrigation.
Meridian City Council
November 28, 2017
Page 73 of 79
De Weerd: Okay. Any discussion?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener. Will you turn on your mic.
Cavener: I will. Thank you, Madam Mayor. Sorry, Dean. Appreciate the head nod. I
really like about two-thirds of this project. The piece that I'm really struggling with is we
as Council approving the step up in density to R-15 to approve these Village homes with
no sidewalks and are designed for a senior -- or sorry. Over 55. Doesn't have to be
senior -- resident. To me it just doesn't seem -- it seems -- it doesn't seem appropriate
for the area, in my opinion, and I'm really struggling with the R-15 piece. So, I am not
supportive of the motion at this point.
De Weerd: Thank you, Mr. Cavener. Any other comments?
Little Roberts: Madam Mayor?
De Weerd: Mrs. Little Roberts.
Little Roberts: I must admit, I have gone back and forth and back and forth about this.
Probably the -- I mean I think that Jim has bent over backwards working things out and
coming up with a really great solution, but I also -- it's hard to see so many people that
are unhappy, even though it falls within the parameters. Probably, the honest tipping
point for me is Kathy Baumgartner and working through things to the point that she
knows what her view is going to be, not two story houses and to the point that she is
willing to put some restrictions on her own land, even though this is not the vision that
she wanted to see, that she has spent the time and the energy to restrict her own land
in order to make this work and make this a livable, you know, location for them and so
as the closest homeowner with the most property against it, I guess I really feel like if
she's gone that far, then, I have kind of tipped the point and will support the project.
De Weerd: Thank you. Any further comment? Mr. Clerk.
Roll call: Bird, yea; Borton, yea; Milam, absent; Cavener, nay; Palmer, yea; Little
Roberts, yea.
De Weerd: The ayes have it.
MOTION CARRIED: FOUR AYES. ONE NAY. ONE ABSENT.
B. Public Hearing for Movado Greens Subdivision (H-2017-0104)
by DevCo, LLC located on the south side of E. Overland Road
between S. Topaz Way and S. Cloverdale Road
Meridian City Council
November 28, 2017
Page 74 of 79
1. Request: Rezone of approximately 11.08 acres from C-G to
the R-15 zoning district;
2. Request: Preliminary plat consisting of 96 single family
residential lots, 6 commercial lots, and 7 common lots on
approximately 24.23 acres in the proposed C-G and R-15
zoning district;
3. Request: Development agreement modification to
incorporate the 96 residential lots and 7 common lots into
the existing DA for Movado Estates Subdivision (Instrument
# 2017-012608);
4. Request: Development agreement modification to reduce the
total acreage of the Silverstone Apartments site and to
reduce the number of apartment units;
5. Request: Conditional Use Permit Modification to reduce the
acreage of the apartment project, to reduce the number of
units, modify the proposed amenities and other specific
changes to the previously approved project
(H-2016-0060)
De Weerd: Item 9-B is a public hearing for H-2017-0104. I am opening the public
hearing, but as stated to the neighbors who came to comment, I will ask for a motion
from Council to continue this to December 5th.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we continue the public hearing for H-2017-0104 to December 5th, 2017.
Cavener: Second.
De Weerd: I have a motion and a second to continue Item 9-B to December 5th. All
those in favor say aye. All ayes.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
C. Public Hearing for Proposed Meridian Parks and Recreation
Fee Updates
1. Resolution No. 17-2050: Adopting new recreational classes
and programming fees of the Meridian Parks & Recreation
Department; superseding previous recreational classes and
Meridian City Council
November 28, 2017
Page 75 of 79
programming fees of the Meridian Parks & Recreation
Department; adopting a new fee for reservation of Kleiner
Park for special event half day; amending fee description For
Kleiner Park Shelter A-1 and B-1 grill reservations; repealing
fee for full day Kleiner Park Shelter A-1 and B-1 grill
reservations; authorizing the Parks & Recreation Department
to collect such fees; and providing an effective date.
De Weerd: Item C is the public hearing for the Parks and Recreation fee update. Hey,
Colin.
Moss: Good evening, Madam Mayor, Members of the Council. Hopefully this will be
short and sweet. So, we have a list of fees for our upcoming winter activity guide that
are listed in this resolution, as well as just a couple of -- a couple of clean-up type fees
for Kleiner Park and so I would just stand for any questions about any of the fees or the
edits to the fees that are listed.
De Weerd: Okay. Thank you, Colin. Council, any questions or comments?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Colin, anything new that we are offering in the rec guide that we need to be
aware of?
Moss: That would be more of Jake's department, so -- there is a long list of all the
classes that are -- are going into it. There is a lot of -- you know, a lot of youth dance
classes, a lot of adults -- adult yoga and fitness and classes like that. I couldn't tell you
how many of these are actually new classes that we haven't offered previously, but Jake
always puts together a good variety of things. So, I encourage everybody to sift through
it.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approved resolution number 17-2050, adopting the fees for Kleiner
Park.
De Weerd: Mr. Bird, before I entertain that, I do see two members of the public that are
probably not here to testify on this item, I just have to ask. This is a public hearing on
our park fees. Do you have any public testimony? Okay. I will give you one for -- for
staying this late.
Bird: You will get one.
Meridian City Council
November 28, 2017
Page 76 of 79
De Weerd: You bet. Okay.
Bird: I'm sorry, Mayor, I should have closed the public hearing.
De Weerd: Mr. Bird.
Bird: Madam Mayor, I move we close the public hearing on the proposed Meridian
Parks and Recreation fee.
Cavener: Second.
De Weerd: I have a motion and a second to close the public hearing on Item 9-C. All
those in favor say aye. All ayes.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve Resolution 17-2050.
Cavener: Second.
Little Roberts: Second.
De Weerd: I have a motion and a second to approve the resolution under five -- I mean
9-C-1. Mr. Clerk, will you call roll.
Roll call: Bird, yea; Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little
Roberts, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Item 10: Department Reports
A. Acceptance of Ada County's Canvass of the Votes for the
November 7, 2017 Meridian City General Election
De Weerd: Item 10-A is under our city clerk. I will turn this over to him.
Meridian City Council
November 28, 2017
Page 77 of 79
Coles: Thank you, Madam Mayor. Before the Council this evening, the Ada County
Board of Commissioners canvass the votes for the November 7th Meridian city general
election. The Ada county clerk certified those votes, so before the Council this evening
is to take formal action and acceptance of the canvass of the votes.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I am sure everybody has looked at the canvass and I would move that we accept
the canvass of the votes as by the Ada county clerk.
Little Roberts: Second.
De Weerd: I have a motion and a second to approve Item 10-A. Is there any
discussion? Mr. Clerk.
Roll call: Bird, yea; Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little
Roberts, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Item 11: Ordinances
A. Ordinance No. 17-1754: Amending Title 10, Chapter 1, Meridian
City Code, Adopting the 2015 International Building Code,
2012 International Residential Code, 2015 International Energy
Conservation Code, 2015 International Existing Building Code,
and Local Amendments thereto; Amending Title 10, Chapter 2,
Meridian City Code, Adopting the 2017 Idaho State Plumbing
Code, Permit Required, Application Issuance, Fees, Inspection
Requirements, and Penalties; Amending Title 10, Chapter 3,
Meridian City Code, Adopting the 2017 National Electrical
Code and Local Amendments thereto, Permit Application,
Issuance, and Fees; Amending Title 10, Chapter 4, Meridian
City Code, Adopting the 2015 International Fire Code and
Local Amendments thereto; Amending Meridian City Code
Section 10-5-2, Local Amendments to the 2012 International
Mechanical Code; Amending Meridian City Code Section 7-2-8,
Regarding Parking In Fire Lane; Adopting A Savings Clause;
and Providing an Effective Date
De Weerd: Item 11-A is an ordinance amending Title 10, Chapter 1, et cetera. Mr.
Clerk, will you read this by title.
Meridian City Council
November 28, 2017
Page 78 of 79
Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 17-1754, amending
Title 10, Chapter 1, Meridian City Code, adopting the 2015 International Building Code,
2012 International Residential Code, 2015 International Energy Conservation Code,
2015 International Existing Building Code, and local amendments thereto; amending
Title 10, Chapter 2, Meridian City Code, adopting the 2017 Idaho State Plumbing Code,
permit required, application issuance, fees, inspection requirements, and penalties;
amending Title 10, Chapter 3, Meridian City Code, adopting the 2017 National Electrical
Code and local amendments thereto, permit application, issuance, and fees; amending
Title 10, Chapter 4, Meridian City Code, adopting the 2015 International Fire Code and
local amendments thereto; amending Meridian City Code Section 10-5-2, local
amendments to the 2012 International Mechanical Code; amending Meridian City Code
Section 7-2-8, regarding parking in fire lanes; adopting a savings clause; and providing
an effective date.
De Weerd: You have heard this ordinance read by title. Is there anyone who would like
to hear it read in its entirety? Okay.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve Ordinance No. 17-1754 with suspension of rules.
Borton: Second.
De Weerd: I have a motion and a second to approve the Ordinance under 11-A. What
ordinance number is this?
Coles: Madam Mayor, it's Ordinance 17-1754.
De Weerd: Okay. Thank you. I was looking on the agenda online. Sorry about that.
Okay. Any discussion? Mr. Clerk. It was suspenseful right?
Roll call: Bird, yea; Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little
Roberts, yea.
De Weerd: All ayes.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Item 12: Future Meeting Topics
De Weerd: Anything under Future Meeting Topics?
Bird: The parade.
Meridian City Council
November 28, 2017
Page 79 of 79
De Weerd: Council, yes, there is a parade on Friday. You're all going to be there;
right?
Bird: On the float?
De Weerd: And we have all told April if you're coming? You're not? Oh, okay. He has
his own float. Okay. Also there is the AIC legislative summit. If you are going, please,
let April know. And with that I would entertain a motion to adjourn.
Bird: So moved.
Cavener: Second.
De Weerd: All those in favor say aye. All ayes.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
MEETING ADJOURNED AT 10:29 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
_______________________________ ______/______/______
MAYOR TAMMY DE WEERD DATE APPROVED
ATTEST:
_____________________________________
C. JAY COLES, CITY CLERK
Meridian City Council
November 28, 2017
Page 78 of 78
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
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CITY OF MERIDIAN
CITY COUNCIL
PUBLIC FORUM SIGN -IN SHEET
Date: November 28, 2017
Prior to the commencement of the meeting a person wishing to address the Mayor and City
Council MUST sign in and limit their comments to the matter described below. Complaints
about individuals, city staff, business or private matters will not be allowed. Testimony or
comment on an active application or proposal that is or will be pending before Planning and
Zoning or City Council is strictly prohibited by Idaho law. Each speaker will have up to three
(3) minutes to address the Mayor and Council, but the chair may stop the speaker if the
matter does appear to violate guidelines, varies from the topic identified on this sign in
sheet or other provisions of law or policy.
Print Name
Provide Description of Discussion Topic
c -)I -n a)_
e I
Meridian City Council Meeting
DATE: November 28-2017 ITEM NUMBER: 6A
PROJECT NUMBER:
ITEM TITLE:
Approve Minutes of November 14, 2017 City Council Workshop
Meeting
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Workshop
November 14, 2017
Page 68 of 68
De Weerd: Mr. Bird.
Bird: I move we go into Executive Session as per Idaho State Code 74-206(1)(c),(1)(d).
Milam: Second.
De Weerd: I have a motion and a second to adjourn into Executive Session. Mr. Clerk,
will you, please, call roll.
Roll call: Bird, yea; Borton, absent; Milam, yea; Cavener, absent; Palmer, yea; Little
Roberts, yea.
De Weerd: All ayes.
MOTION CARRIED: FOUR AYES. TWO ABSENT.
EXECUTIVE SESSION: (7:02 p.m. to 8:22 p.m.)
De Weerd: I would entertain a motion to come out of Executive Session.
Bird: So moved.
Milam: Second.
De Weerd: All those in favor say aye. All ayes.
MOTION CARRIED: FOUR AYES, TWO ABSENT.
De Weerd: Do I have a motion to adjourn?
Bird: So moved.
Milam: Second.
De Weerd: All those in favor?
MOTION CARRIED: FOUR AYES. TWO ABSENT.
MEETING ADJOURNED AT 8:22 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
W7
MAYOR Y DE WEERD DA E APPROVED
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Meridian City Council Meeting
DATE: November 28-2017 ITEM NUMBER: 6B
PROJECT NUMBER:
ITEM TITLE:
2nd Addendum to Development Agreement for TM Creek MDA H-
2017-0124 with SCS Brighton, LLC
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
ADA COUNTY RECORDER Christopher D. Rich 2017-113747
BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 11/29/2017 01:19 PM
CITY OF MERIDIAN, IDAHO NO FEE
PARTIES: 1. City of Meridian
2. SCS Brighton, LLC, Owner/Developer
THIS 2nd ADDENDUM TO DEVELOPMENT AGREEMENT is dated
this day of k&OJeMbelh' 2017, ("2nd ADDENDUM"), by and between City
of Meridian, a municipal corporation of the State of Idaho ("CITY"), whose address is 33 E.
Broadway Avenue, Meridian, Idaho 83642 and SCS Brighton, LLC,
("OWNER/DEVELOPER"), whose address is 12601 W. Explorer Drive, Suite 200, Boise,
Idaho 83713.
A. CITY and OWNERIDEVELOPER entered into that certain
Development Agreement that was recorded on June 12, 2014 in the real property records of
Ada County as Instrument No. 114045759 ("DEVELOPMENT AGREEMENT") and the
Addendum to Development Agreement that was recorded on August 11, 2016 in the real
property records of Ada County as Instrument No. 2016-073497 (IST ADDENDUM TO
DEVELOPMENT AGREEMENT).
B. CITY and OWNER/DEVELOPER now desire to amend the
Development Agreement and the I't Addendum to Development Agreement, which terms
have been approved by the Meridian City Council in accordance with Idaho Code Section
67-6511.
NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the patties agree as follows:
1. Owner/Developer shall be bound by the terms of the Development Agreement and the
1St Addendum to Development Agreement, except as specifically amended to include the
Conceptual Developinent Plan that is attached hereto as Exhibit "A".
2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the
Property shall be subject to de -annexation if the Owner/Developer, or their assigns, heirs, or
successor shall not meet the conditions of this 2nd Addendum, and the Ordinances of the City
of Meridian as herein provided.
2 nd ADDENDUM TO DEVELOPMENT AGREEMENT - TM CREEK - MDA H 2017-0124 Page] of
3. This 2nd Addendum shall be binding upon and insure to the benefit of the parties'
respective heirs, successors, assigns and personal representatives, including City's corporate
authorities and their successors in office. This 2nd Addendum shall be binding on the
Owner/Developer of the Property, each subsequent owner and any other person(s) acquiring
an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the
Property, or portions thereof, except that any sale or alienation shall be subject to the
provisions hereon and any successor owner or owners shall be both benefited and bound by
the conditions and restrictions herein expressed. City agrees, upon written request of
Owner/Developer, to execute appropriate and recordable evidence of termination of this 2nd
Addendum if City, in its sole and reasonable discretion, had determined that
Owner/Developer have fully performed its obligations under this Addendum.
4. If any provision of this 2nd Addendum is held not valid by a court of competent
jurisdiction, such provision shall be deemed to be excised from this 2nd Addendum and the
invalidity thereof shall not affect any of the other provisions contained herein.
5. This 2nd Addendum sets forth all promises, inducements, agreements, condition, and
understandings between Owner/Developer and City relative to the subject matter herein, and
there are no promises, agreements, conditions or under -standing, either oral or written,
express or implied, between Owner/Developer and City, other than as are stated herein.
Except as herein otherwise provided, no subsequent alteration, amendment, change or
addition to this 2nd Addendum shall be binding upon the parties hereto unless reduced to
writing and signed by them or their successors in interest or their assigns, and pursuant, with
respect to City, to a duly adopted ordinance or resolution of City.
a. Except as herein provided, no condition governing the uses and/or
conditions governing development of the subject Property herein
provided for can be modified or amended within the approval of the City
Council after the City has conducted public hearing(s) in accordance with
the notice provisions provided for a zoning designation and/or
amendment in force at the time of the proposed amendment.
6. This 2nd Addendum shall be effective as of the date herein above written.
7. Except as amended by the Addendum, all terms of the previous Agreements shall
remain in full force and effect.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
2nd ADDENDUM TO DEVELOPMENT AGREEMENT - TM CREEK - MDA H 2017-0124 Page 2 of 4
STATE OF IDAHO
ss:
County of Ada,
On this 21 S day of AVWW, 2017, before me, the undersigned, a Notary Public in and for said
State, personally appeared VIJL �Atlyt Lille B►ioN% &Y. I known or identified to me to be the
1Ak t1 xis of SCS Brighton, LLC, and ackno d to me that he executed the same on behalf
of said Company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
in this certificate first above written.
(SEAL) Q Llak
ry Public for Idaho �
Res' ling at: Y -0
AMANDA MCCURRY My Commission Expires: /8 zvZ3
NOTARY PUBLIC
STATE OF IDAHO
STATE OF IDAHO
: ss
County of Ada
On this Z day of I V OV2Y D2r , 2017, before me, a Notary Public, personally appeared
Tammy de Weerd and C.Jay Coles, know or identified to me to be the Mayor and Clerk, respectively, of the
City of Meridian, who executed the instrument or the person that executed the instrument on behalf of said City,
and acknowledged to me that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
in this certificate first above written.
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Notary Public f • I ho
Residing at:
Commission expires: ,a5
2"d ADDENDUM TO DEVELOPMENT AGREEMENT - TM CREEK - MDA H 2017-0124 Page 4 of 4
OWNER/DEVELOPER:
SCS Brighton, LLC
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ATTEST:
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C.Mv Coles -City Clerk
CITY OF MERIDIAN
M r ammy de Weerd
2"d ADDENDUM TO DEVELOPMENT AGREEMENT - TM CREEK - MDA H 2017-0124 Page 3 of 4
On
EXHIBIT A
Conceptual Development Plan
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TM CREEK
Master Plan
TM Creek Apartments — MDA H-2017-0124
Meridian City Council Meeting
DATE: November 28-2017 ITEM NUMBER: 6C
PROJECT NUMBER:
ITEM TITLE:
Final Plat for Brickyard Subdivision No. 3 (H-2017-0144) by John
Carpenter located at 3611 N. Centrepoint Way
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: November 28-2017 ITEM NUMBER: 6D
PROJECT NUMBER:
ITEM TITLE:
Final Plat for Brickyard Subdivision No. 4 (H-2017-0143) by John
Carpenter located at 3611 N. Centrepoint Way
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: November 28-2017 ITEM NUMBER: 6E
PROJECT NUMBER:
ITEM TITLE:
Ler- p— l VG-! ac19ZL
Larkwood Subdivision Lot 2 Pedestrian Pathway Easement
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
ADA COUNTY RECORDER Christopher D. Rich 2017-113749
BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 11/29/2017 01:19 PM
CITY OF MERIDIAN, IDAHO NO FEE
PEDESTRIAN PATHWAY EASEMENT
THIS AGREEMENT, made and entered into this 1 day -of vol' , 2017, between Jorge
A. Valadez, hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal
corporation, hereinafter referred to as "Grantee";
WITNESSETH
WHEREAS, Grantor is the owner of real property on portions of which the City of
Meridian desires to establish a public pathway; and
WHEREAS, the Grantor desires to grant an easement to establish a public pathway and
provide connectivity to present and future portions of the pathway; and
WHEREAS, Grantor shall construct the pathway improvements upon the easement
described herein; and
NOW, THEREFORE, the parties agree as follows:
THE GRANTOR does hereby grant unto the Grantee an easement on the following
property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and
incorporated herein.
THE EASEMENT hereby granted is for the purpose of providing a public pedestrian
pathway easement for multiple -use non -motorized recreation, with the free right of access
to such facilities at any and all times.
TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns
forever.
THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed
any permanent structures, trees, brush, or perennial shrubs or flowers within the area
described for this easement, which would interfere with the use of said easement, for the
purposes stated herein.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that the Grantor shall repair and maintain the pathway improvements.
THE GRANTOR hereby covenants and agrees with the Grantee that should any part of
Pedestrian Pathway Easement — Lemp-Larkwood / Valadez
the easement hereby granted become part of, or lie within the boundaries of any public
street, then, to such extent such easement hereby granted which lies within such boundary
thereof or which is a part thereof, shall cease and become null and void and of no further
effect and shall be completely relinquished.
THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and
possessed of the aforementioned and described tract of land, and that it has a good and
lawful right to convey said easement, and that it will warrant and forever defend the title
and quiet possession thereof against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day
and year first hereinabove written.
Its:j�-
STATE OF IDAHO )
ss
County of Ada )
On this q+�% day of NQV�P- bV- , 2017, before me, the undersigned, a
Notary Public in and for said State, personally appeared TONG VajadfZ
known or identified to me to be the C r -a -r o K that executed the within
instrument, and acknowledged to me that such company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year fist above written.
00,094600* NOTARY PUBLIC FO AHO
1l?�r6•� Residing at: rIA 6L L6ta-11y
• f, 0A� �iN e Commission Expires: r1o, a -aa -3
■
OF T� o•o
*0060600'
Pedestrian Pathway Easement — Lemp-Larkwood / Valadez
GRANTEE: CITY OF MERIDIAN
Tammy dg'erd, Mayor
Attest by C.Jay Coles, City Clerk
yJED AUG�S
o
r
C'ily of w
C./ EI\IDIAN*
IDAHO J
0 SE
Approved By City Council On: // / 01 U / GU(
STATE OF IDAHO )
ss.
County of Ada )
On this c��� day of oYe1pp� , 2017, before me, the undersigned, a Notary
Public in and for said State, personally appeared TAMMY DE WEERD and C.JAY COLES,
known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho,
and who executed the within instrument, and acknowledged to me that the City of Meridian
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
DlaAk'u
NOTARY PUBj�FOR IDAHO
Residing at: g� TQ
Commission Expires • a8- aO2'L
Pedestrian Pathway Easement — Lemp-Larkwood / Valadez Lnv oocr) So—b, Loi, 2-
0
THE LAND GROUP, INC.
October 12, 2017
Project No. 117005
Exhibit "A"
LOT 2 PATHWAY EASEMENT
An easement located in a portion of Lot 2, Block 1 of Larkwood Subdivision, as shown on the official plat thereof,
recorded in Book 58 of Plats at page 5494, Ada County Records, being situate in a portion of the Southeast One
Quarter of Section 30, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho,
being more particularly described as follows:
Commencing at the Southeast corner of said Section 30; thence North 89°46'30" West, 1974.18 feet on the
south section line of said Section 30, from which the south quarter corner of said section 30 bears North
89°46'30" West, 658.06 feet; thence leaving said south section line, North 00°25'21" East, 30.00 feet to the
southwest corner of said Lot 2; thence North 00°25'21" East, 30.12 feet on the west boundary line of said Lot 2,
to the POINT OF BEGINNING;
Thence continuing of said west boundary line, North 00' 25' 21" East, 13.61 feet;
Thence South 80° 17' 19" East, 5.50 feet;
Thence South 89° 47' 16" East, 7.97 feet to a point of curvature;
Thence 19.73 on the arc of a curve to the left, having a radius of 195.00 feet, a central angle of 05° 47'
54", and whose long chord bears North 87° 18' 47" East, 19.73 feet;
Thence North 84° 24' 50" East, 10.11 feet to a point of curvature;
Thence 21.24 on the arc of a curve to the right, having a radius of 105.00 feet, a central angle of 11° 35'
17", and whose long chord bears South 89° 47' 32" East, 21.20 feet;
Thence South 83° 59' 53" East, 15.23 feet to a point of curvature;
Thence 9.60 on the arc of a curve to the left, having a radius of 95.00 feet, a central angle of 05° 47' 23",
and whose long chord bears South 86° 53' 35" East, 9.60 feet;
Thence South 89' 47' 16" East, 185.88 feet to a point on the east boundary line of said lot 2;
Thence on said east boundary line, South 00° 25' 21" West, 10.00 feet;
Thence leaving said east boundary line, North 89° 47' 16" West, 185.85 feet to a point of curvature;
Thence 10.61 on the arc of a curve to the right, having a radius of 105.00 feet, a central angle of 05° 47'
23", and whose long chord bears North 86° 53'35" West, 10.61 feet;
Thence North 83° 59' 53" West, 15.23 feet to a point of curvature;
Thence 19.21 on the arc of a curve to the left, having a radius of 95.00 feet, a central angle of 11° 35'
17", and whose long chord bears North 89° 47'32" West, 19.18 feet;
Thence South 84° 24' 50" West, 15.17 feet to a point of curvature;
Thence 10.63 on the arc of a curve to the right, having a radius of 105.00 feet, a central an I of 05° 47'
54", and whose long chord bears South 87° 18'47" West, 10.62 feet;
Thence North 89° 47' 16" West, 13.00 feet;
Thence South 64° 05'20" West, 6.14 feet to the POINT OF BEGINNING.
I _ A %
The above described parcel contains 0.06 acres or 2763 square feet, more or less. 55
PREPARED BY: ,�
THE LAND GROUP, INC. 1�gTE OF '
Michael S. Femenia
10/ 12/ 2017
Site Planning • Landscape Architecture • Civil Engineering • Golf Course Irrigation & Engineering • Graphic Design • Surveying
462 E. Shore Drive, Suite 100 • Eagle, Idaho 83616 • P 208.939.4041 • www.thelandgroupinc.com
File Location: g:\2017\1 170O5\cachsurve&)dbbds\l 17005 ex pathway carat lot 2dwg
Last Plotted By mike iemenla
Date Plotted: Thursday, October 12 2017 at 09:18 AM
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Lot 2, Block 1, Larkwood Subdivision
Exhibit "B'
Meridian IdahoH
o
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Meridian City Council Meeting
DATE: November 28-2017 ITEM NUMBER: 6F
PROJECT NUMBER:
ITEM TITLE:
Boroughs Subdivision Regional Pathway Easement
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
ADA COUNTY RECORDER Christopher D. Rich 2017-113748
BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 11/29/2017 01:19 PM
CITY OF MERIDIAN, IDAHO NO FEE
THIS AGREEMENT, made and entered into this day of, 2017, between
(j Q hereinafter referred to as "Grantor", and the City of Meridian, an Idaho
L
municipal corporation, hereinafter referred to as "Grantee";
WITNESSETH:
WHEREAS, Grantor is the owner of real property on portions of which the City of
Meridian desires to establish a public pathway; and
WHEREAS, the Grantor desires to grant an easement to establish a public pathway and
provide connectivity to present and future portions of the pathway; and
WHEREAS, Grantor shall construct the pathway improvements upon the easement
described herein; and
NOW, THEREFORE, the parties agree as follows:
THE GRANTOR does hereby grant unto the Grantee an easement on the following
property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and
incorporated herein.
THE EASEMENT hereby granted is for the purpose of providing a public pedestrian
pathway easement for multiple -use non -motorized recreation, with the free right of access
to such facilities at any and all times.
TO HAVE AND TO HOLD, said, easement unto said Grantee, its successors and assigns
forever.
THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed
any permanent structures, trees, brush, or perennial shrubs or flowers within the area
described for this easement, which would interfere with the use of said easement, for the
purposes stated herein.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that the Grantor shall repair and maintain the pathway improvements.
Pedestrian Pathwav Easement — &)v-oy8h5 Si�,�ivl don\�ejlonq-1
THE GRANTOR hereby covenants and agrees with the Grantee that should any part of
the easement hereby granted become part of, or lie within the boundaries of any public
street, then, to such extent such easement hereby granted which lies within such boundary
thereof or which is a part thereof, shall cease and become null and void and of no further
effect and shall be completely relinquished.
THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and
possessed of the aforementioned and described tract of land, and that it has a good and
lawful right to convey said easement, and that it will warrant and forever defend the title
and quiet possession thereof against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day
B 6/
Its: 0 I
STATE OF IDAHO )
ss
County of Ada )
On this 1� day of NDVerwb-er , 2017, before me, the undersigned, a
Notary Public in and for said State, personally appeared 0/,e,0 a --+n ,
known or identified to me to be the ()WA e /- that executed the within
instrument, and acknowledged to me that such company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year fist above written.
Pedestrian Pathway Easement
��, `--,—,
NOTARY PUBLIC FOR IDAHO
Residing at: N/)0,l,0-0 T�
Commission Expires: b -t d-�—
GRANTEE: CITY OF MERIDIAN o�QoV.P(ED AUG
a w
E IDIAN�-.
IDAHO
Tammy de ee d, Mayor z� SEAL
he TRE
TREPSv��
A t by Jay Coles, City Clerk
Approved By City Council On: / L
;NATE OF IDAHO )
SS.
County of Ada )
On this `Z-'� day of I V oV Py+ -� b2y' , 2017, before me, the undersigned, a Notary
public in and for said State, personally appeared TAMMY DE WEERD and C.JAY COLES,
known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and
who executed the within instrument, and acknowledged to me that the City of Meridian
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
•uses.
:..•v�NE. w••.,.
NOTARY PUB FOR IDA O
Residingat: T�
Commission Expires:
4 TE 0V
mor 8hS Sat)jtv't 61on Pe(3e46Gtn VO*GlU-" FZWjreXl%_
Exhibit _
REGIONAL PATHWAY EASEMENT
Description for
CITY OF MERIDIAN
Boroughs Subdivision
A portion Lot 6, Block 1 of Westborough Subdivision as file in Book 87 of
Plats at Pages 9884 through 9886, records of Ada County, Idaho and also that
portion of the vacated N. Jericho Road as described in that Quitclaim Deed
recorded as Instrument No. 108102036, records of Ada County, Idaho, located
in the NE 1/4 of Section 30, TAN., R.1 E., B.M., Meridian, Ada County, Idaho
more particularly described as follows:
BEGINNING at the NE corner of said Lot 6;
thence along the East boundary line of said Lot 6 South 00037'36" West, 12.00
feet;
thence leaving said East boundary line North 89°51'35" West, 603.59 feet to a
point on the centerline of the said vacated N. Jericho Road;
thence along said centerline North 00029'56" East, 12.00 feet to a point on the
South right-of-way line of E. Chinden Blvd;
thence along said South right-of-way line South 89051'35" East, 603.62 feet to
the POINT OF BEGINNING.
77�
29
OF
Ny G. CP
Page I of 1
E. CHINDEN BOULEVARD POINT OF BEGINNING
NW CORNER LOT 6, BLOCK 1 OF
WESTBOROUGH SUBDIVISION
589'51'35"E 603.62'
1_7_1_Z_ZJ�
Z I Z�I
7T1r_1ll=r--
NO'29'56'E N89'51'35"W 603.59'
p I 12.00' SO'37'36"W-
>I'N Q BLOCK 1 0 12.00
m I E3 I
LL. C7
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0100
IU
iv ` V
5� sF sGP�
4
7 729
J L
G) OF
F G.c
25 100 300
0 50 200
IDAHO1450
E. WATERTOWER STSUITE
130.
SURVEY
MERIDIAN. IDAHO 83642
(208) 846-0570
GROUP, LLC
SCALE: 1 " = 100'
EXHIBIT DRAWING FOR
REGIONAL PATHWAY EASEMENT
BOROUGHS SUBDIVISION
LOCATED IN THE NE 1/4 OF SECTION 30, T.4N., R.1E., B.M.,
MERIDIAN, ADA COUNTY, IDAHO
a
16-235
11/6/2017
Meridian City Council Meeting
DATE: November 28-2017 ITEM NUMBER: 6G
PROJECT NUMBER:
ITEM TITLE:
Approval of Award of Bid and Agreement to KNIFE RIVER for the
"BLACK CAT SEWER TRUNK PHASE 5 - MAINLINE
CONSTRUCTION" project for a Not -To -Exceed amount of
$3,394,460.95.
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
CONTRACT CHECKLIST
Date: REQUESTING DEPARTMENT
Project Name:
Project Manager: Contract Amount:
Contractor/Consultant/Design Engineer:
Is this a change order? Yes No Change Order No.
Fund: Budget Available ( Purchasing attach report ):
Department Yes No Construction
GL Account FY Budget: Task Order
Project Number: Enhancement: Yes No Professional Service
Equipment
Will the project cross fiscal years? Yes No Grant
Grant #: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status (Federal Funded)
Print and Attach the determination Print, attach and amend bid by addendum (if changed) www.sam.gov Print and attach
Master Agreement Category
(Bid Results Attached) Yes No (Ratings Attached) Yes No Date MSA Roster Approved:
Typical Award Yes No
If no please state circumstances and conclusion:
Date Award Posted: 7 day protest period ends:
PW License Expiration Date: Corporation Status
Insurance Certificates Received (Date): Expiration Date: Rating: A
Payment and Performance Bonds Received (Date): Rating: A
Builders Risk Ins. Req'd: Yes No
(Only applicabale for projects above $1,000,000)
Reason Consultant Selected 1 Performance on past projects
Check all that apply Quality of work On Budget
On Time Accuracy of Construction Est
2 Qualified Personnel
3 Availability of personnel
4 Local of personnel
Description of negotiation process and fee evaluation:
Date Submitted to Clerk for Agenda: By:
Purchase Order No.: Date Issued: WH5 submitted
(Only for PW Construction Projects)
NTP Date:
Contract Request Checklist.5.24.2016.Final
N/A N/A N/A N/A
Goodstanding C-15564 3/31/2018
I. PROJECT INFORMATION
11/20/2017 1/1/2018
N/A
3 Million
9/8/2017 Public Works
Black Cat Sewer Trunk-Phase 5 (Mainline Construction)
V. BASIS OF AWARD
11/15/2017 November 22, 2017
IV. GRANT INFORMATION - to be completed only on Grant funded projects
VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION
November 21, 2017
VIII. AWARD INFORMATION
Approval Date
Enter Supervisor Name Date Approved
Warren Stewart 11/21/2017
VII. TASK ORDER SELECTION (Project Manager to Complete)
11/20/2017
Award based on Low Bid Highest Ranked Vendor Selected
$3,394,461 Brent Blake
If yes, has policy been purchased?
Contractor - Knife River / Consultant - JUB Engineers
III. Contract Type II. BUDGET INFORMATION (Project Manager to Complete)
60
3590
93505
10614.f
TASK ORDER RFP / RFQ BID
Page 1
Memo
To: C. Jay Coles, City Clerk
From: Keith Watts, Purchasing Manager
CC: Brent Blake, Engineering Project Manager
Date: 11/21/2017
Re: November 28 th City Council Meeting Agenda Item
The Purchasing Department respectfully requests that the following item be placed on the
November 28 th City Council Consent Agenda for Council’s consideration.
Approval of Award of Bid and Agreement to KNIFE RIVER for the “BLACK CAT
SEWER TRUNK PHASE 5 – MAINLINE CONSTRUCTION” project for a Not-To-
Exceed amount of $3,394,460.95.
Recommended Council Action: Award of Bid and Approval of Agreement to
KNIFE RIVER for the Not-To-Exceed amount of $3,394,460.95 and also
authorize Purchasing Manager to sign the Purchase Order for the Not-to-
Exceed amount of $3,394,460.95.
Thank you for your consideration.
City of Meridian
Purchasing Dept.
C E I DIAN�-
Public IDAHO
Works Department
TO: Keith Watts, Purchasing Manager
FROM: Brent Blake, Engineering Project Manager
Mayor Tammy de Weerd
City Council Members$
Charlie Rountree
Keith Bird
)oe Borton
Lube Cavener
Genesis Milam
David Zaremba
DATE: 9-8-2017
SUBJECT: BLACK CAT TRUNK SEWER -PHASE 5 MAIN LINE CONSTRUCTION
CONTRACT WITH TBD FOR A NOT TO EXCEED AMOUNT OF
$4,500,000.
I. DEPARTMENT CONTACT PERSONS
Brent Blake, Engineering Project Manager 489-0340
Kyle Radek, Assistant City Engineer 489-0343
Warren Stewart, City Engineer 489-0350
II. DESCRIPTION
A. Background
This project is part of the commitments the City has made to extend utility
services to South Meridian and has a two-year timeframe for completion. The
overall extension of the Black Cat Trunk Sewer starts at the intersection of
Victory Road and Meridian Road and runs south to approximately 1,600 feet
south of Amity Road. The project encompasses approximately 8,400 lineal feet of
24 -inch trunk sewer and 1,500 lineal feet of 12 -inch gravity sewer. The
termination of this trunk sewer will be located approximately a quarter of a mile
south of Amity Road on the west side of Meridian Road.
B. Proposed Project
This project consists of installing wastewater sewer trunk infrastructure
comprised of approximately: 8,400 feet of 24 -inch sewer main; 1,500 feet of 12 -
inch sewer main; 1,200 feet of 36 -inch steel casing; 300 feet of 24 -inch steel
casing; and thirty 60 -inch manholes.
Page I of 2
III. IMPACT
A. Fiscal Impacts
Project Costs:
Fiscal Year 2017
Estimated Construction $4,500,000
Cost
Total Cost $4,500,000
Project Funding
Fiscal Year 2017 Account Code / Codes
3590-93505 $4,500,000
Total Funding $4,500,000
Alternatives and Time Constraints
The City could choose not to approve the construction contract. However,
without the approval of this contract the completion of the overall project will be
suspended. Suspension of the project will compromise the completion of the
infrastructure that the City agreed to install on January 19, 2016 with the
participants of the South Meridian Annexation Effort.
Departmental Approval:
Page 2 of 2
;i35
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BID RESULTS
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X X X X X X
X X X X X X
X X X X X X
Attest: Brent Blake
Rodarte Construction
VENDOR
Knife River
Granite Excavation
Opened by: Keith Watts
$4,174,741.45
$4,685,559.50
BID AMOUNT
$3,394,460.95
DUE DATE & TIME: November 3, 2017 2:30
BID NUMBER: PW-1760-10614.F
BID NAME: BLACK CAT SEWER TRUNK PH.5 - MAINLINE CONSTRUCTION
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CONTRACT FOR PUBLIC WORKS CONSTRUCTION
BLACK CAT SEWER TRUNK PHASE 5 - MAINLINE CONSTRUCITON
PROJECT# 10614.F
THIS CONTRACT FOR PUBLIG WORKS CONSTRUCTION is made this 28th day
of November 2017, and entered into by and between the City of Meridian, a municipal
corporalion organized under the laws of the State of ldaho, hereinafter referred lo as
"CITY', 33 East Broadway Avenue, Meridian, ldaho 83642,and Knife River Corporation -
Northwest , hereinafter referred to as "CONTRACTOR", whose business address is 5450
W. Gowen Road, Boise, lD 837090 and whose Public Works Contraclor License # is
PWC-C-15564.
INTRODUCTION
Whereas, the City has a need for services involving Sewer Trunk Line
Construction; and
WHEREAS, the Contractor is specially trained, experienced and competent
to perform and has agreed to provide such services;
NOW, THEREFORE, in consideration of the mutual promises, covenants,
terms and conditions hereinafter contained, the parties agree as follows:
TERMS AND CONDITIONS
1. Scope of Work:
'1 .1 CONTRACTOR shall perform and furnish to the City upon execution of this
Contract and receipt of the City's written notice to proceed, all services and work,
and comply in all respects, as specified in the document titled "Scope of Work" a
copy of which is attached hereto as Exhibit "A" and incorporated herein by this
reference, together with any amendments that may be agreed to in writing by the
parties.
1.2 All documents, drawings and writlen work product prepared or produced by
the Contractor under this Agreement, including without limitation electronic data
files, are the property of the Contractor; provided, however, the City shall have the
right to reproduce, publish and use all such work, or any part thereof, in any
manner and for any purposes whatsoever and to authorize others to do so. lf any
such work is copyrightable, the Contractor may copyright the same, except that, as
to any work which is copyrighted by the Contractor, the City reserves a royaltyJree,
non-exclusive, and irrevocable license to reproduce, publish and use such work, or
any part thereof, and to authorize others to do so.
'1 .3 The Contractor shall provide services and work under this Agreement
consistenl with the requirements and standards established by applicable federal,
BLACK CAT SEWER TRUNK PHASE 5 - MAINLINE CONSTRUCTION page 1 of 15
Project 10614.F
state and city laws, ordinances, regulations and resolutions. The Contractor
represents and warrants that it will perform its work in accordance with generally
accepted industry standards and practices for the profession or professions that
are used in performance of this Agreement and that are in effect at the time of
performance of this Agreement. Except for that representation and any
representations made or contained in any proposal submitted by the Contractor
and any reports or opinions prepared or issued as part of the work performed by
the Contractor under this Agreement, Contractor makes no other warranties, either
express or implied, as part of this Agreement.
1 .4 Services and work provided by the Contractor at the City's request under this
Agreement will be performed in a timely manner in accordance with a Schedule of
Work, which the parties hereto shall agree to. The Schedule of Work may be
revised from time to time upon mutual written consent of the parties.
2. Consideration
2.1 The Contractor shall be compensated on a Not-To-Exceed basis as provided
in Exhibit B "Payment Schedule" attached hereto and by reference made a part
hereof lor the Not-To-Exceed amount of $3,394.460.95.
2.2 The Contractor shall provide the City with a monthly statement and
supporting invoices, as the work warrants, of fees earned and costs incurred for
services provided during the billing period, which the City will pay within 30 days of
receipl of a correct invoice and approval bytheCity. TheCitywill notwithhold any
Federal or State income laxes or Social Security Tax from any payment made by
City to Conlractor under the terms and conditions of this Agreement. Payment of
all taxes and other assessments on such sums is the sole responsibility of
Conlraclor.
2.3 Except as expressly provided in this Agreement, Contractor shall not be
entitled to receive from the City any additional consideration, compensation, salary,
wages, or other type of remuneration for services rendered under this Agreement
including, but not limited to, meals, lodging, transportation, drawings, renderings or
mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement
to consideration in the form of overtime, health insurance benefits, retirement
benefits, paid holidays or other paid leaves of absence of any type or kind
whatsoever.
3. Term:
3.1 This agreement shall become effective upon execution by both parties, and
shall expire upon (a) completion of the agreed upon work, (b) or unless sooner
terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some
other method or time of termination is listed in Exhibit A.
BLACK CAT SEWER TRUNK PHASE 5 _ MAINLINE CONSTRUCTION
Project'10614.F
page 2 of 15
3.2 Should Contractor default in the performance of this Agreement or materially
breach any of its provisions, City, at City's option, may terminate this Agreement by
giving written notification to Contractor.
3.3 Should City fail to pay Contractor all or any part of the compensation set forth
in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's
option, may terminate this Agreement if the failure is not remedied by the City
within thirty (30) days f rom the date payment is due.
4. Liquidated Damages:
Watkins Drain Crossing - shall be construcled no later than March 30, 2018.
Contractor shall be liable to the City for any delay beyond this date in the amount of
$500.00 (five hundred dollars) percalendarday. Such paymentshall be construed
to be liquidated damages by the Contractor in lieu of any claim or damage because
of such delay and not be construed as a penalty.
Far Lateral Crossing - shall be conslructed no later than March 30, 2018.
Contractor shall be liable to the City for any delay beyond this date in the amount of
$500.00 (five hundred dollars) per calendar day. Such payment shall be construed
to be liquidated damages by the Contractor in lieu of any claim or damage because
of such delay and not be construed as a penalty.
Substantial Completion shall be accomplished within 150 (one hundred fifty)
calendar days from Notice to Proceed. This project shall be considered
Substantially Complete when the Owner has full and unrestricted use and benefit
ot the facilities, both from an operational and safety standpoint, and only minor
incidental work, corrections or repairs remain for the physical completion of the
total contract. Contractor shall be liable to the City for any delay beyond this time
period in the amount of $500.00 (five hundred dollars) per calendar day. Such
payment shall be construed to be liquidated damages by the Contractor in lieu of
any claim or damage because of such delay and not be construed as a penalty.
Upon receipt of a Notice to Proceed, the Contractor shall have 180 (one hundred
eighty) calendar days to complete the work as described herein. Contractor shall
be liable to the City for any delay beyond this time period in the amount of 9500.00
(five hundred dollars) per calendar day. Such payment shall be construed to be
liquidated damages by the Contractor in lieu of any claim or damage because of
such delay and not be construed as a penalty. See Milestones listed in the
Payment Schedule for Substantial Completion.
5. Termination:
5.1 lf , through any cause, CONTRACTOR, its officers, employees, or agents fails
to fulfill in a timely and proper manner its obligations underthis Agreement, violates
any of the covenants, agreements, or stipulations of this Agreement, falsities any
record or document required to be prepared under this agreement, engages in
BLACK CAT SEWER TBUNK PHASE 5 _ MAINLINE CONSTRUCTION
Project'10614.F
page 3 of '15
fraud, dishonesty, or any other act of misconduct in the performance of this
contract, or if the City Council determines that termination of this Agreement is in
the best interest of CITY, the CITY shall thereupon have the right to terminate this
Agreement by giving written notice to CONTRACTOR of such lermination and
specifying the effective date thereof at least fifteen (15) days before the effective
date of such termination. CONTRACTOR may terminate this agreement at any
time by giving at least sixty (60) days notice to CITY.
ln the event of any termination of this Agreement, all finished or unfinished
documents, data, and reports prepared by CONTRACTOR under this Agreement
shall, at the option ol the CITY, become its property, and CONTRACTOR shall be
entitled to receive just and equitable compensation for any work satisfactorily
complete hereunder.
5.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to
the CITY for damages sustained by the CITY by virtue of any breach of this
Agreement by CONTRACTOR, and the CITY may withhold any payments to
CONTRACTOR for the purposes of seloff until such time as the exacl amount of
damages due the CITY from CONTRACTOR is determined. This provision shall
survive the termination of this agreement and shall nol relieve CONTRACTOR of
its liability to the CITY for damages.
6. lndependentContractor:
6. 1 ln all matters pertaining to this agreement, CONTRACTOR shall be acting as
an independent contractor, and neither CONTRACTOR nor any officer, employee
or agent of CONTRACTOR will be deemed an employee of CITY. Except as
expressly provided in Exhibit A, Contractor has no authority or responsibility to
exercise any rights or power vested in the City and therefore has no authority to
bind or incur any obligation on behalf of the City. The selection and designation of
the personnel ol the CITY in the performance of this agreement shall be made by
the CITY.
6.2 Contractor, its agents, officers, and employees are and at alltimes during the
term of this Agreement shall represent and conduct themselves as independent
contractors and not as employees of the City.
6.3 Contractor shall determine the method, delails and means of performing the
work and servrces to be provided by Contractor under this Agreement. Contractor
shall be responsible to City only for the requirements and results specified in this
Agreement and, except as expressly provided in this Agreement, shall not be
subjected to City's control with respect to the physical action or activities of
Contractor in f ulfillment of this Agreement. lf in the performance of this Agreemenl
any third persons are employed by Contractor, such persons shall be entirely and
exclusively under the direction and supervision and control of the Contractor.
BLACK CAT SEWER TRUNK PHASE 5 - MAINLINE CONSTRUCTION
Project 106'14.F
page 4 of '15
7. Sub-Contractors:
Contractor shall require that all of its sub-contractors be licensed per Slate of ldaho
Slalute # 54-1901
8. Removal of Unsatisfactory Employees:
The Contractor shall only furnish employees who are competent and skilled for work
under this contract. lf, in the opinion of the City, an employee of the Contractor is
incompetent or disorderly, ref uses to perform in accordance with the terms and
conditions of the contract, threatens or uses abusive language while on City
property, or is otherwise unsatisfactory, that employee shall be removed from all
work under this contracl.
9. Indemnification and lnsurance:
9.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's
elected officials, officers, employees, agents, and volunteers from and for any and
all losses, claims, actions, judgments for damages, or injury to persons or property
and losses and expenses and other costs including litigation costs and attorney's
fees, arising out of, resulting from, or in connection with the performance of this
Agreement by the CONTRACTOR, its servanls, agents, officers, employees,
guests, and business invitees, and not caused by or arising out of the tortious
conduct of CITY or its employ ees. CONTRACTOR shall maintain, and specificallv
aqrees that it will maintain. throuoho the term of this Aoreement. liabilitv
insurance. in which the CITY shall be named an additional insured in the minimum
amounts as follow: General Liabilit y One Million Dollars ($1,000,000) per incident
or occurrence, Automobile Liability lnsurance One Million Dollars ($1,000,000) per
incident or occurrence and Workers' Compensation lnsurance, in the statutory
limits as required by law.. The limits of insurance shall not be deemed a limitation
of the covenants to indemnify and save and hold harmless CITY; and if CITY
becomes liable for an amount in excess of the insurance limits, herein provided,
CONTRACTOR covenants and agrees to indemnify and save and hold harmless
CITY from and for all such losses, claims, actions, or iudgments for damages or
injury to persons or property and other costs, including litigation costs and
attorneys' fees, arising out of, resulting from , or in connection with the
performance of this Agreement by the Contractor or Contractor's officers, employs,
agents, representatives or subcontractors and resulting in or attributable to
personal injury, death, or damage or destruction to tangible or intangible property,
including use of. CONTRACTOR shall provide CITY with a Certificate of
lnsurance, or other proof of insurance evidencing CONTRACTOR'S compliance
with the requirements of this paragraph and file such proof of insurance with the
CITY at least ten (10) days prior to the date Contractor begins performance of it's
obligations under this Agreement. ln the event lhe insurance minimums are
changed, CONTRACTOR shall immediately submit proof of compliance with the
changed limits. Evidence of all insurance shall be submitted to the City purchasing
Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue,
Meridian, ldaho 83642.
BLACK CAT SEWER TRUNK PHASE 5 _ MAINLINE CONSTRUCTION
Project 106'14.F
page 5 of 15
9.2 lnsurance is to be placed with an ldaho admitted insurer with a Best's rating
of no less than A-.
9.3 Any deductibles, seltinsured retention, or named insureds must be declared
in writing and approved by the City. At the option of the City, either: the insurer
shall reduce or eliminale such deductibles, self-insured retentions or named
insureds; or the Contractor shall provide a bond, cash or letter of credit
guaranteeing payment of losses and related investigations, claim administration
and defense expenses.
9.4 To the extent of the indemnity in this contract, Contractor's lnsurance
coverage shall be primary insurance regarding the City's elected officers, officials,
employees and volunteers. Any insurance or self-insurance maintained by the City
or the City's elected off icers, off icials, employees and volunteers shall be excess of
the Contractor's insurance and shall not conlribute with Contractor's insurance
except as to the extent of City's negligence.
9.5 The Contractor's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the
insurer's liability.
9.6 All insurance coverages for subcontractors shall be subject to all of the
insurance and indemnity requirements stated herein.
9.7 The limits of insurance described herein shall not limit the liability of the
Contractor and Contractor's agents, representatives, employees or subcontractors.
10. Time is ol the Essence:
The parties hereto acknowledge and agree that time is strictly of the essence with
respect to each and every term, condition and provision hereof , and that the failure
to timely perform any of the obligations hereunder shall constitute a breach of, and
a detaull under, this Agreement by the party so failing to perform.
11. Bonds:
Payment and Performance Bonds are required on all Public Works lmprovemenl
Projects per the ISPWC and the City of Meridian Supplemental Specifications &
Drawings to the ISPWC, which by this reference are made a part hereof.
Contractor is required to furnish faithful performance and payment bonds in the
amount of 100% of the contract price issued by surety licensed to do business in
the State of ldaho with a Best's rating of no less than A-. ln the event that the
contract is subsequently terminated for failure to perform, the contractor and/or
surety will be liable and assessed for any and all costs for the re-procurement of the
contract services.
BLACK CAT SEWER TRUNK PHASE 5 _ MAINLINE CONSTRUCTION
Project 10614.F
page 6 of 15
12. Warranty:
All construction and equipment provided under this agreement shall be warranted
for 2 years f rom the date of the City of Meridian acceptance per the ISPWC and the
Meridian Supplemental Specilications & Drawings to the ISPWC and any
modif ications, which by this reference are made a part hereof .
All items found to be defective during a warranty inspection and subsequently
corrected will require an additional two (2) year warranty from the date ol City's
acceptance of the corrected work.
13. Changes:
The CITY may, from time to time, request changes in the Scope of Work to be
performed hereunder. Such changes, including any increase or decrease in the
amount of CONTRACTOR'S compensation, which are mutually agreed upon by and
between the CITY and CONTRACTOR, shall be incorporated in written
amendments which shall be executed with the same formalities as this Agreement.
14. Taxes:
The City of Meridian is exempt from Federal and State taxes and will execute the
required exemption certificates lor items purchased and used by the City. ltems
purchased by the City and used by a contractor are subject to Use Tax. All other
taxes are the responsibility of the Contractor and are to be included in the
Contractor's Bid pricing.
15. Meridian StormwaterSpecifications:
All construction projects require either a Storm Water Pollution Prevention Plan
(SWPPP) or an erosion sediment control plan (ESCP) as specified in the Cily of
Meridian Construction Stormwater Management Program (CSWMP) manual. The
CSWMP manual containing the procedures and guidelines can be found at this
address: h :/iwww. meridiancit o envrronmen x?i I 18.
Contractor shall retain all stormwater and erosion control documentation generated
on site during construction including the SWPPP manual, field inspections and
amendments. Prior to final acceplance of the job by the City the contractor shall
return the field SWPPP manual and field inspection documents to the City for
review. A completed Contractor Request to File Project N.O.T. with the EPA form
shall be provided to the City with the documents. These documents shall be
retained, reviewed and approved by the City prior to f inal acceptance of the prolect.
BLACK CAT SEWER TRUNK PHASE 5 _ MAINLINE CONSTRUCTION
Proiect 10614.F
page 7 of 15
Contractor shall be responsible for coordinating with the City to obtain appropriate
ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs
due to Contractor's violation of any ACHD policy. City shall certify to ACHD that
Contractor is aulhorized to oblain a Temporary Highway and Right-of-Way Use
Permit from ACHD on City's behalf. The parties acknowledge and agree that the
scope of the agency granted by such certification is limited to, and conterminous
with, the term and scope ol this Agreement.
17.1 At such times and in such forms as the CITY may require, there shall be
furnished to the CITY such stalements, records, reports, data and information as
the CITY may request pertaining to matters covered by this Agreement.
'17.2 Contractor shall maintain all writings, documents and records prepared or
compiled in connection with the performance of this Agreement for a minimum of
four (4) years from the termination or completion of this or Agreement. This
includes any handwriting, typewriting, printing, photo static, photographic and every
other means of recording upon any tangible thing, any form of communication or
representation including letlers, words, pictures, sounds or symbols or any
combination thereof.
18. Audits and lnspections:
At any time during normal business hours and as often as the CITY may deem
necessary, there shall be made available to the CITY for examination all of
CONTRACTOR'S records with respect to all matters covered by this Agreement.
CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or
transcripts from such records, and to make audits of all contracts, invoices,
materials, payrolls, records of personnel, conditions of employment and other dala
relating to all matters covered by this Agreement.
19. Publication, Reproduction and Use of Material:
No material produced in whole or in part under this Agreement shall be subject to
copyright in the United States or in any other country. The CITY shall have
unrestricted authority to publish, disclose and otherwise use, in whole or in part, any
reports, data or other materials prepared under this Agreement.
20. Equal Employment Opportunity:
ln performing the work herein, Contractor agrees to comply with the provisions of
Title Vl and Vll of the Civil Rights Act, Revenue Sharing Act Title 3.1 , U.S. Code
Section 2176. Specifically, the Contractor agrees not to discriminate against any
employee or applicant for employmenl because of race, color, religion, sei, national
origin, age, political affiliation, marital status, or handicap. Contractor will take
BLACK CAT SEWER TBUNK PHASE 5 _ MAINLINE CONSTRUCTION
Project 106'14.F
page 8 of 15
16. ACHD:
17. Reports and lnformation:
affirmative action during employment or training to insure that employees are
treated wilhout regard to race, color, religion, sex, national origin, age, political
affiliation, marital status, or handicap. ln performing the Work required herein,
CONTRACTOR shall not unlav,rfully discriminate in violation of any federal, state or
local law, rule or regulation against any person on the basis of race, color, religion,
sex, national origin or ancestry, age or disability.
21. Employment of Bona Fide ldaho Residents:
Contractor must comply with ldaho State Statute 44-1OO2 which states that the
Contractor employ ninetyJive percent (95%) bona f ide ldaho residents.
22. Advice of Attorney:
Each party warrants and represents that in executing this Agreement. lt has
received independent legal advice f rom its attorney's or the opportunity to seek such
advice.
23. Attorney Fees:
Should any litigation be commenced between the parties hereto concerning this
Agreement, the prevailing party shall be entitled, in addition to any other relief as
may be granted, to court costs and reasonable attorneys'fees as determined by a
Court of competent jurisdiction. This provision shall be deemed to be a separate
contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
24. ConstructionandSeverability:
ll any part of this Agreement is held to be invalid or unenforceable, such holding will
not affect the validity or enforceability of any other part of this Agreement so long as
the remainder of the Agreement is reasonably capable of completion.
25. Waiver of Default:
Waiver of default by either party to this Agreement shall not be deemed to be waiver
of any subsequent default. Waiver or breach of any provision ot this Agreement
shall not be deemed to be a waiver of any other or subsequent breach, and shall
nol be construed to be a modification of the terms of this Agreement unless this
Agreement is modif ied as provided above.
26. Entire Agreement:
This Agreement conlains the entire agreement of the parties and supersedes any
and allother agreements or understandings, oral of written, whether previous to the
execution hereof or contemporaneous herewith.
BLACK CAT SEWER TRUNK PHASE 5 - MAINLINE CONSTBUCTION
Project '10614.F page I of 15
27. Assignment:
It is expressly agreed and understood by the parties hereto, that CONTRACTOR
shall not have the right to assign, transfer, hypothecate or sell any of its rights under
this Agreement except upon the prior express written consent of CITY.
28. Payment Request:
Payment requests shall be submitted to City of Meridian through the City's project
management software. The Project Manager will compare the invoice against the
Payment Schedule in the Agreement for compliance. Upon approval thal the work
has been done and is in compliance with the Agreement, the Project Manager will
approve the pay request for processing. City of Meridian payment terms are Net 30
from the date City receives a correct invoice. Final payment will not be released
unlil the City has received a tax release from the Tax Commission.
29. Cleanup:
Contractor shall keep the worksite clean and free from debris. At completion of
work and prior to requesting final inspection, the Contractor shall remove all traces
of waste materials and debris resulting from the work. Final paymenl will not be
made il cleanup has not been performed.
30. Order of Precedence:
The order or precedence shall be the contract agreement, the lnvitation for Bid
document, then the winning bidders submitted bid document.
31. Compliance with Laws:
ln performing the scope of work required hereunder, CONTRACTOR shall comply
with all applicable laws, ordinances, and codes of Federal, State, and local
governments.
32. Applicable Law:
This Agreement shall be governed by and conslrued and enforced in accordance
with the laws of the State of ldaho, and the ordinances of the City of Meridian.
33. Notices:
Any and all notices required to be given by either of the parties hereto, unless
otheMise stated in this agreement, shall be in writing and be deemed
communicated when mailed in the United States mail, certified, return receipt
requested, addressed as follows:
BLACK CAT SEWER TRUNK PHASE 5 - MAINLINE CONSTRUCTION
Project'10614.F
page '10 of 15
CITY
CONTRACTOR
City of Meridian
Knife River Corporation - Northwest
Purchasing Manager
Attn: Jessee Rosin
33 E Broadway Ave
5450 W. Gowen Rd.
Meridian, ID 83642
Boise, ID 83709
208-489-0417
Phone: 208-362-6152
Email: krsi.estimatingC@kniferiver.com
Idaho Public Works License # PWC -C-15564
Either party may change their address for the purpose of this paragraph by giving
written notice of such change to the other in the manner herein provided.
34. Approval Required:
This Agreement shall not become effective or binding until approved by the City of
Meridian.
CITY OF MERIDIAN KNIFE RIVER CORPORATION
BY`. BY:
TAMMY de E RD, MAYOR Print NaesseeRosin-AthonzedAgent
/ G
Dated: l // b I ?01-7 Dated: (11X0 A -I
Approved by Council: //
Attest:
C.J. Cdt6s, Clf,4 CLERK
Purchasing Approval
BY"—
o IVF ?'.zo& "V U,e
�G u¢
Dated:: l l 2 t, 1-4
Project Manager
Brent Blake
O�QO�ptED AUG�Sl,
l7 _�
�.W
(uru( ..IDIANt--
IDAHO
SEAL
DeparyhVnt App
BY.MV ��/W STEW /RT, Citty Engineer
Dated:: // / �,,t / t I
BLACK CAT SEWER TRUNK PHASE 5 - MAINLINE CONSTRUCTION page 11 of 15
Project 10614.E
EXHIBIT A
SCOPE OF WORK
REFER TO INVITATION TO BlD PW.l760.10614.F
ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the
lnvitation to Bid Package # PW-l760-10614F, are by this relerence
made a part hereof.
SPECIFICATIONS / SCOPE OF WORK
All construction work shall be done in accordance with the current version
of the ldaho Standards for Public Works Construction (ISPWC), the 2013
City of Meridian Supplemental Specifications to the ISPWC (and any
Addendums).
See separate attached documents:
SPECIAL PROVISIONS/TECHNICAL SPECIFICATIONS by
JUB Engineers dated September 2017 lssz ot pasesl
BLACK CAT SEWER TRUNK PHASE 5 _ MAINLINE CONSTRUCTION
Project 10614.F
a
page 12 of '15
o Black Cat Sewer Trunk Phase5 plans by JUB Engineers
dated 9-13-2017 1+o ot pagesl
A
Exhibit B
MILESTONE / PAYMENT SCHEDULE
Total and complete compensation for this Agreement shall not exceed
$3,394,460.95.
MILESTONE DATES/SCHEDULE
Milestone 1 Watkins Drain Crossing March 30,2018
lv'lilestone 2 Far Lateral Crossing March 30, 2018
Milestone 3 Substantial Completion '150 Days f rom Notice to Proceed
Milestone 4 Final Completion 180 Days from Notice to Proceed
PRICING SCHEDULE
Contract includes furnishing all labor, materials, equipment, and incidentals as required for the
project listed above per IFB PW-1760-10614.F
NOT TO EXCEED CONTRACT TOTAL $339!1J160-95
Conlract is a nol to exceed amount, Line item pricing below wlll be used lor invoice veritication and any
additional increases or decreases in work requested by city. The City will pay the contractor based on
actual quantities ol each item ol work in accordance with the contract documents.
Contract Pricing Schedule
Item No.Description Quantity Unit Unit Price
304.4.1.A.1 Trench Foundation Stabilization Material 400 TN s.01
306.4.1. D.1 lmported Trench Backfill 3,600 TN S.o1
306.4.1.H.1
Lean Concrete Backfill ( Depth below road base
to 3')LF
s 128.2s
306.4.1.H.1
Lean Concrete Backfill ( Depth below road base
to 5')369 LF
s213.7s
307.4.1.A.5 Miscellaneous Surface Repair (Pasture/Field)12,038 SY S3.40
307.4.t.A.1 Miscellaneous Surface Repair (Natural Ground)311 LF S3.oo
307.4.1.A.9
Miscellaneous Surface Repair (Asphalt
Driveway Repair)103 SY
s47.oo
307 .4.L.O.1
Type "C-l" Surface Restoration (lTD Gravel
Shoulder)904 LF
s32.oo
307,4.1.D.3 Type "C-2" Surface Restoration 7,979 LF s30.00
307.4. L.D.5 Type "C-3" Surface Restoration 7,3L2 LF 53s.oo
307 .4.L.F.t
Type "P-1" Surface Restoration (lTD Paved
Shoulder)559 LF
S64.oo
307 .4.L.F.9 Type "P-2" Surface Restoration 279 SY S38.oo
BLACK CAT SEWER TRUNK PHASE 5 _ MAINLINE CONSTRUCTION
Projecl '10614.F page 13 of 15
190
307.4.7.J.1 Gravel Access Road - Type 1 3,233 LF s21.oo
308.4.1.A.1
Steel Casing Pipe Boring and Jacking - 36-inch
(5TA 26+50 to STA 36+05)955 LF
s1,37s.00
308.4.1.8.1
Steel Casing Pipe Boring and Jacking - 36-inch
(Williams HP Gas Crossing)1,LS
s84,000.00
308.4.1.8.1
Steel Casing Pipe Boring and lacking - 24-inch
(Meridian Road crossing)1 LS
s10s,000.00
308.4.1.C.1
Steel Casing Sleeve - 36-inch (Watkins Drain)
Open Trench 54 LF
ss00.00
308.4.1.D.1
Sewer Carrier Pipe lnstallation (24-inch
Carlson Lateral Crossing)LF
s20.00
501.4.1.A.1 Gravity Sewer Pipe - 24" PVC(carrier pipe)L27L S3o.oo
501.4.1.A.1 Gravity Sewer Pipe - 12" Pvc(carrier pipe)LF s9.oo
501.4.1. B.1
Gravity Sewer Pipe - 21" PVC (includes
excavation, bedding, backfill, 21-inch water
tight plug, etc.)LF
s207.00
501.4.1.8.1
Gravity Sewer Pipe - 24" PVC (includes
excavation, bedding, backfill, etc.)5,822 LF
S143.oo
501.4.1.8. L
Gravity Sewer Pipe - 12" PVC {includes
excavation, bedding, backfill, etc.)1,,45t LF
s43.00
502.4.1.F. t Connect to Existing Manhole 1 EA s3,100.00
502.4.1.A.1 Sanitary Sewer Manhole - 48" Type A 5 EA s4,000.00
502.4.1.A.1 Sanitary Sewer Manhole - 60" Type A 25 EA s8,000.00
502.4.r.C.3 Sanitary Sewer Manhole - 60" Lining 78 s31s.00
502.4.1.C.3 Sanitary Sewer Manhole - 48" Lining 26 s28s.00
504.4.1.A.1 Sewer Service Line - 4"40 LF S9.oo
504.4.1. D.1 Sewer Service Connection to Main - 4"2 EA s8s0.00
601.4.1.A.13 36" Gravity lrrigation Culvert, CL-lV 48 LF s110.00
601.4.1.A.13 24" Gravity Irrigation Culvert, L4 GA.20 LF 5s 2.oo
602.4.1.O.1 Earthern lrrigation Waste Ditch 1,575 LF s2.00
Fiber Rolls 8,744 LF s2.oo
100 6.4. 1 . C. 1 lnlet Protection 2 EA sso.oo
1103.4.1.A.1 Construction Traffic Control 1,LS s12,000.00
2010.4.1.A.1 Mobilization (5% Max.)1 LS s160,000.00
2020.4.7.F.7 Reference and Reset Monuments 1 EA SSoo.oo
2040.4.1. B.1 Gate Type 2 (20')EA s1,250.00
5P-
2742.4.7.4.L Remove Misc. ltem - Tr€es 23 EA
57s0.00
sP-
2L42.4.7.8.t Remove and Reset Misc. ltem - Fence Type 38 585 LF
s 12.00
sP-
2t42.4.7.8.L
Remove and Reset Misc. ltem - 12" CMP
Culvert 40
s2s.s0
SP-
2t42.4.1,.8.L Remove and Reset Misc. ltem - Li ght 1 EA
s3,s00.00
sP-
21,42.4.7.8.L Remove and Reset Misc. ltem - Signs 1 EA
s800.00
sP-Remove and Reset - Chain Link Gate 1 EA s472.s0
BLACK CAT SEWER TRUNK PHASE 5 _ MAINLINE CONSTRUCTION
Project 10614.F
page 14 of 15
136
LF
200
15
1003.4.1.A.1
EA
2142.4.7.8.1
sP-
2142.4.t.8.1 Remove and Reset - Chain Link Fence 42 LF
s37.00
5P-
2742.4.1,.8.7
Remove and Reset - Parking Stall Wheel Stop
and Marker 64 EA
540.oo
sP-
2142.4.1,.C.t
Remove and Replace Misc. ltem - Fence Type
1B (Modified)).,354
S11.oo
sP-
2t42.4.L.C.L
Remove and Replace Misc. ltem - Fence Type
3-B LF
s12.00
sP-
2142.4.L.C.L
Remove and Replace Misc. ltem - 36" Culvert
(RCP, CL-rV)48 LF
5so.oo
sP-
2745.4.t.4.7 Amity Waterline Crossing 1,LS
sP-
22L6.4.1,.A.1 Storm Water Management ),LS
s4,000.00
sP-
2220.4.7.4.7 Stream Crossing (Watkins Drain)1,LS
51,200.00
sP-
2222.4.t.4.t IPCO Power Pole Support 4 EA
s1,000.00
BLACK CAT SEWER TRUNK PHASE 5 _ MAINLINE CONSTBUCTION
Project 10614.F
page 15 of 1 5
LF
530
51,000.00
tt
wn:m.i Document A31 zr,I- - 2o1o
Bond No. 190038945i 106788389
This document has important legal
consequences. consultation with
an attorney is encouraged with
respect to its completion or
modificallon.
Any singular reference to
Contractor, Surety, Owner or
other party shall be considered
plural where applicable.
Pertormance Bond
CONTRACTOR:
Name, legal slatus and addless)
Knife River Corporation - Northwest
5450 W. Gowen Road
Boise, lD 83709
OWNER:
(Ndme, leEdl slatus and address)
Signature
Name
and Title:
Conforms with The American lnstilute of Architects AIA Document 312
SURETY:
(Nama legal status and principal place o/
business)
Litrerty Mutual lnsurance Company
175 Berkeley Street, Boston, MA 02116
AND
Travelers Casualty and Surety Company of America
One Tower Square - 2SHS, Hartford, CT 06183
Mailing Address for Notices
Liberty Mutual lnsurance Company
Attendon: Surety Claims Department
1001 4th Avenu€, Suite 1700
Seattle, WA 98154City of Meridian
33 East Broadway Avenue
Meridian, lD 83642
CONSTRUCTION CONTRACT
Date: November 28, 2017
Arnount: $3,394,460.95
Description:
(Natue dnd location)
Black Cat Trunk Sewer Phase 5 - irainline Construction, Project #10614.F
BOND
oate: November 28. 2017
Section 16
(Corporate Seal)
Mutual lnsurance Company
Si
Name ea r R. Goedtei
Jesee Rmin.Autitodzed Agent and Title: Attorney-in-Fact
(Aiy ddditional sighdtura appear on the last page of this Pe.formance Bond.)
(FOR INFORMATION ONLY - Nane, address ond telephone)
AGENToTBROKER: OWNER'S REPRESENTATIVE:
Willis of Minnesota, lnc. (Architecl, Engineet ot other party:)
'1600 Utica Avenue South, Suite 600
Minneapolis, MN 55416
763 302-7219
s-185ZAS 8/10
f(
1912
Arnouat $ 3,394,460.95
Modifications to this Bondl
Company:
Knife River Corporation -
S 1 The Conkactor 8td Surcty, jointly and severally, bind themselves, their heirs, executors, adminisb:atoN, suc.essoE arrd assigns to the Owner for
the performaacc oftbe Constuctiotr Contact, which is incorporated herein by refcrence.
S 2 Ifthe Contraclor pErforms the CoDstructiol Contract, the Suety and thc Cont actor shall havc no obligation utrder this Bod, except whefl
applicable to participate in a conference as provided in Section 3.
$ 3 If there is no Owner Default ulder the Construction Contract, the Surcty's obligation ude. this Botrd shall adse .fter
.l the O$mer first provides notice to the Cotrtractor and tle Sutety tlat the Owner is considering declaring a Contractor Default Such
notice shall itrdicate whettrer the Owner is requesting s conference among the Owne!, Contracto. and Surety to discuss the
Cootracto/s p€rfonunce. If the Owner does not request a confercnce, the Surety may, u,ithin live (, business days after receipt of
the Ovmels notice, request such a confeEnce, If the Suety timely requests a conference, the Owner shall attend- Unless the Owner
agrces others.ise, any conference r€quested u[der ttris Section 3.1 shall be held within ten (10) business days ofthe Surety's receipt
of the Ounels notice. If the Owner, the Contracto. aEd the Surety agree, the Contiaclor shall be allowed a reasouable time to
perform th€ CoosEuction Con[act bul such sll agre€mert shall not waive the Ownels right, ifeny, subsequently to declarc a
Contractor Default;.2 the Owner declares a Cotrtractor Default, termtlates the Constluction Contract and notifies the Suret$ aod
.3 the Owner brs agreed to pay the Balance of the Contract Pdce in accordance with the teros ofthe ConslructioD CoDtract to the
Surety o! to a contBctor selected to perform the Cotrstructioo Contracl
$ 5 When tie Owner has satisfied th€ conditions ofsection 3, the Surely shall promptly and at the Suety's expense tate one ofthe following actions:
$ 5.1 Arrange for the ConFactor, with the coDselt ofthc O],'ner, to perform and complete the Construction Contract;
S 5.2 Undertake to perfom aod complete the Construction Contract itself, through its agents or indep€ndeot contractors;
$ 5.3 Obtaio bi& or negotiated proposals flom qualified contractoE acceptable to the OwDer for a coDEact for performance aod completion of the
Constsuction Contract, an:rnge for a contract to be prepared for execution by the Oivner and a contractor selected with the Ownels concurence, to be
secured with performance and payment bonds executed by a qualified su€ty equivalent to the bonds issued on the Constsuction Cont act, and pay to
the Owoer the amount ofdamages as described ir! Section ? in excess oflhe Balance ofthe Contract Price hcuned by the Owner as a result of the
Corlractor Defaulq or
S 5,4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with irsonable prompbess under the
circumstancesi
.1
,2
After investigation, determine the amount for which it may be liable t6 the Owner and as s6on as practicable after the amourt is
determined, make payment to the Own€r; or
Deny liability in wlole or h part ard notiry fie Owner, citing fte reasons for denial.
S 6 Ifthe Sureqydoes rrot ploceed as provided in Sectio[ 5 v.iti reasonable promptness, the Surety shall be deemed to b€ in default on this Bond
seven days after receipt ofan arjditional written notice from the Owner to the Suety demanding that the Surety peform its obligations under this
Bond, andt'he Owner shatl ire gnliticd to enforce any rcmedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the
Owner rcfirses the paymetrt 6r the Surety has denied liability, in whole or in part, witlout further notice the Ovner shall be entitled to enforce any
remedy ayirilable to the Oxrer.
s-'1B5ZAS 8/'10
S 4 Failure on the part of the Oliner to comply with thc notice requirement in Sectiol 3.1 shall not constitule a failure to comply with a condition
precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prcjudice.
S 7 lfthc Surety elects to act uoder Section 5.1, 5.2 or 5.3, thetr thc responsibilities of the Suety to the O$aler shall trot be greater than thos€ ofthe
Confractor under the Constmctioo Contract, and ihe responsibilities of the Owner to the Suety shall not be greater tian those of the Owner under the
Constmction Cont act. Subject to the comltrimlert by thc Owno! to pay the Balance of the CotrFact Price, the Surety is obligate4 without
duplicatioo, for
,1 the respoosibilities of the Contractor for conection ofdefective work and completioo ofthe Cotrstsuction CoDkact;
.2 additional legal, design prcfessional alld delay costs resulting from the Contractofs Default, and resulting from lhe actions or
failurc to act ofthe Surety under Section 5; and
.3 liquidated damages, or ifno liquidated damages are specified in the Construction Cotrtract, actual damages caused by delay€d
performance or non-performance of the Contractor.
$ 8 Ifthe Surety elects to act uoder Section 5.1, 5.3 or 5.4, the Sureqy's liability is limited to the amount ofthis Bond.
$ 9 Thc Surety shall not be tiable to thc Owucr o! othe.s for obligatioDs of th. Contractor that ale unrelated lo thc Constructioo Co[tract, atd thc
Balance of the Contract Price shall not b€ reduced or set offolr account ofany such uflrelated obligatiotrs. No right ofaction shall accme otr this
Bond to any pelson or e ity other than the Owner or its heirs, executors, administmtors, successors and assigns.
$ 10 The Surety heteby waives notice ofany change, including changes of time, to the Constructior Contract or to related subcontracts, purchase
orders and other obligatiotrs.
$ 'l I Aoy proceeding, legal or equitable, urder this Bood may be irstituted in any court of competentjurisdictioD in the location ia which the work or
part of the work is located arld shall be iDstituted witbil two yeats after a declaration of Co[tractor Default or within two years afle! the Contractor
ceas€d working or within two yea$ after the Surety reflrses or fails to perform its obligations under this Bond, *hichever occuts fiIsL If the
provisions ofthis Paragraph are void or prohibited by law, the minimum period oflimitation available to sureties as a defense in the jurisdiction of
the suit shall be appliczble.
$ 12 Notice to lhe Surety, the Owner or the Contractor shall be mailed o. delivered to the address shown on tie page on which their signature
appears.
5 13 When this Bond has been fumished to comply with a statutory or other legal requirement itr the location where the constuction was to be
performed, atry provision in this Bond conflicting with said statutory or legal requircmctrt shall bc deemcd dcletcd hcrcfrom and provisions
conforming to such statutory or other legal requiremebt shall be deemed incorporaled herein. When so flmished, tle intent is that this Bond shall be
coNtrued as a stafutory bond and not as a com-rnon law bood.
S '14 Definitions
5 14.1 Balance of the Contract Price. The total amouot payable by the Owner to lhe Coltt"actor uoder the Construction Contract afler all proper
adjustrnents have been made, itrcluding allowance to the CotrFacto! of aDy amounts received or to be Eceived by the Owner itr settlement of
inzurance or other claims for damages to which the Con8actor is etrtitled, rcduced by sll yalid and proper psymelts made to or otl behalf of the
Contractor under the ConsEuction Contract.
S 14.2 Construction Contract The agreement between the Owner and Contracdr identified on fie cover page, including atl Contract Documents
and chatrBes made to the agreement and the Co[hact Documents.
S 14.3 Contractor Defaull. Failure ofthe Contractor, which has not been rcmeded or waived, to perform or otherwise to comply with a material
term of tho ConstructioD Contract.
$ 14.4 Owner Default. Failure of the Omer, which has rlot been remedied or waived, to pay the Coftracto. as required under the Construction
Contract or to perform a4d completc or comply with the other material terms ofthc Constructio[ Contract
S 14.5 Contract Documents. All the documents that comprise the agreement between the Owner aDd Contractor
S 15 If this Bond is issued for an agreement between a ConEactor and subcontractor, the term Co[tsactor in this Bond shall be deemed to be
Subcont actor and the term Ovner shall be dceoed to b€ CoEtraclor.
s-185ZAS 8/10
S 16 Modifications to this bond are as follows:
(Space is proided belowlor
CONTRACTOR AS PRINCIP
Company:
Signature:
other lhan those dppeafing on the cover page,)
Name and R,
AddrESs 1600 Utica Avenue South, Suite 600
Minneapolis, MN 5 '16
SURETY
Compatry: (Corporate Seol)
Travelers Casualty and Surety Company of America
Name and Title:
Ad&ess
act
Jesse+ HosinAuihorizeC t;, :
KNIFE RIVER
5450 W GOWEN RD
BOISE, rD 83709
208-362-6152
s-185ZAS 8/10
=d
Libcrty
&lutu;il
Payment Bond
CONTRACTOR:
(Name, legal status and address)
Knife River Corporation - Northwest
5450 W. Gowen Road
Boise, lD 83709
OWNER:
(Name, legal status and address)
City of Meridian
33 East Broadway Avenue
Meridian, lD 83642
Amount $ 3,394,460.95
Modifications to this Bond:
CONTRACTOR AS PRINC
Company:
Knife River Corporation -
Signatue:
Name
and Title:
Document A312rM - 2010
Bond No. 190038945/106788389
This document has important legal
consequences. Consultation with
an attomey is encouraged with
respect to its completjon or
modmcation.
Any singular reference to
Contractor, Surety, Owner or
olher party shall be considered
plural where applicable.
Conforms with The American lnstitute of Architects AIA Document 312
SURETY:
(Name, Iegal status and principal place ol
business)
Liberty Mutual lnsurance Company
'175 Eerkeley Street, Boston, ldA 02116
AND
Travelers Casualty and Surety Company ofAmerica
Ore Tower Souare- 2SHS Hart'ord. CT 06'183Mailing Address for Nolices
Liberty Mutual lnsurance Company
Attention: Surety Claims D€partrnent
1001 4th Avenus, Suite 1700
Seattle, WA 98154
CONSTRUCTION CONTRACT
Date: November 28, 2017
Amounr $3,394,460.95
Descdptioo:
(Name and locatioi)
Black Cat Trunk Sewer Phase 5 - Mainline Construction, Project #10614.F
9.9 0R4
Section 18o
KNIFE RIVEB
5a50 w oowEN Ro
TAry oaatiorot rignotffiffifiWl,u prg" o7 tai" Payneat Bond.)
(FOR INFOM,ATION OMY - Name, address and telephone)
AGENT or BROKER:
Willis of lilinnesota, lnc.
1600 Utica Avenue South, Suite 600
Minneapolis, MN 55416
763 302-7219
s-2149/AS U10
e4L (Corporate Seal)
Mutual lnsurance Company
TCON *
Signature
Name ea er R. Goedtel
Rosin-Autfrodzed Agent and Title: Attorney-in-Fact
OWNER'S REPRESENTATIVE:
(lrchitect, Engineer or olher party:)
A
912
w
BOND
Dare: November 28, 2017
(Not earlier than Construclion Controc, Dale)
S 1 The Contractor aod Surcty, jointly aDd severally, bind themselves, tleir heirs, executors, administrators, successors aDd assigns to the Owner to
pay for labor, materials aDd equipment fumished for use in the performance of the Construction Contr:ac! which is iocorporated herein by reference,
subject to the following terms.
S 2 If lhe Contractor promptly makes payment ofall surlrs due to Claimants, and defends, indemnifies and holds hamless the Owll€r flom claims,
demands, lieus or suits by any person or entity seeking paymeEt for labor, materials or equipment fumished for use in the performance ofthe
Coostruction Contract, then the Surety and the CootEctor shall have rc obligatioo under this Bond.
S 3 lftheE is no Owner Default under the Constructio[ Cootract, the Surety's obligation to the Ovmer under this Bond shall arise after the Owner
has p.omptly notfied the Cootractor and tie SuEty (at the address described io Section 13) ofclaims, demands, lieDs or suits agaiDst the O\rmer or
the O\4!eis property by aIly pe.son or entity seeking payment for labo!, materials or equipment fumished for use iD Ole performance ofthe
Construction Contract and tendered defense of such claims, demaods, liens or suits to the Contractor and the Surery.
S 4 When the Owner has satisfled the conditioDs in Sectio[ 3, the Surety shall promptly and at the Suretys expeNe defend, iodemnify and hold
hamless the Owner against I duly tetrdered claim, deErand, lieD or suil
$ 5 The Suret/s obliptions to a Claimant under this Bond shall arise after the following:
$ 5.1 Claimants, who do Dot have a ditect cotltract u,ith the Contractor,
.1 have fumished a written notice ofnon-payment to the Contractor, stating with subslantial accumcy lhe amount clairned and the
mmc of thc party to whom the materials were, o. equipmcnt was, fumished or supplicd or for whoE the labor was doDe or
perforrued, within ninety (90) days after having last perfonned labor or last furnisbed materials or equipment included in the Clairtr;
and.2 have serf a Claim to the Surety (at the address described in Section l3).
$ 5.2 Claimants, who are employed by or have a direct contBct *ith the Contactor, have sent a Claim to thc Surety (at the address desclibed in
S€ction l3).
S6Ifanoticeofoon-p8)mentrequilEdbySertion5.1.1isgivcnbytheO\rrlertotheCotrFactor,thatissufiicienttosatisryaChima'sobligation
to fimish a rlritten notice ofnon-payment tmder Section 5.1.1,
$ 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Suety's
expense take the followiog actioos:
$ 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt ofthe ClaiE, stating the amoutrts that are
undisputed and lhe basis for challengiog any amounts tbat arc disputed; and
$ 7.2 Pay or arrange for paymelt of any undisputed amounts.
$ 7.3 The Surery's failure to discharge its obligations under Section 7.1 or Section 7.i shall not bc decmed toionstitutc a vaiver of defcnscs the
Surety or Contrdctor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreemenl
If, however, the Suretf fails to discharge its obligations under Section 7- I or Section 7.2, tbe Sur€ty shall indeFniry the Claimant for the reasonable
attomey's fees the Claim4r[ incurs thereafler to recover any sums foufld to be due and owing to the Claimant.
S 8 :Ihesurety's total obiigatigo shall not exceed the aflount ofthis Bond, plus the amount ofEasonable attorney's fees provided under Sectioa 7.3,
aniLtlre:amount ofthis Boxd Sall be credited for any payments made in good faith by the Suety.
S I Amounts owed by llle Ola,rer to the Contractor ulder the Construction Contract shall be used for the performance of the Constn-rction Contract
aod to sadsry claifits, ifany, under any construction performaoce bond. By the ConEactor furnishhg and the Owaer accepting this Botrd, they agee
that atl futrils ralned by the Contractor in the performance of the Coostruction Cotrtract ar€ dedicated to satisry obligations of the Contractor atrd
Surety utrde! this Bon4 subject to the OwDels priority to use the funds for the comPletioD of the work.
s-2149/AS 8/10
S l0 The Surety shall not b€ liable to the Owner, Claimants or others for obligations ofthe contractor that are unrelated to lhe cons[uction Contiacl
The Owner shall not be liable for the paymeot of any costs or expsnses ofany Claimant under this Bond, ald shall have ulder this Bond no
obligation to make pallllents to, or give loticc on bchalf of, Claimants o. otherwise have any obligarions to Claimants under this Bond.
$ 1l The Surety hereby waives notice ofany changg includiqg cha[ges of time, to the consruction Contract or to related subcont-acts, purchase
orders and other obligatiors,
S 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of compete[t jurisdiction in the state in which the
project that is the subject of the Co6tructioo Contract is located o! after the expiration of one yeat from the date ( I ) on which the Claimant sent a
Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which tie last labor or sereice was performcd by anyonc or the last mate als or
equipment we.e fumished by anyone uflder the Constluction Contiac! whichever of(l) or (2) fiIst occuis. If the provisioDs ofthis ParagEph are void
o. prohibited by law, the minimum period of limitatioo available to sureties as a defense in the jurisdiction ofthe suit shall be applicable.
5 13 Notice and Claims to the Suety, tie Owner or the Cotrtractor shall be mailed or deliveled lo the address shown on the page on which their
signahrre appears. Actual rcceipt of notice or Claims, however accomplished, shalt be sulficieot compliance as ofthe datc received.
$ '14 When this Bond has been fumished to comply with a statutory or other legal requireme[t in the location where tle construction was to be
pcrformcd, aoy provision in this Bond conflicting with said statutory or lcgal rcquirement shall be deemed delctcd hcrctom aad provisions
co[foming to such statutory or other legal requirement shall be deemed itrcorporaled hereio. When so fumished, the intent is that ihis Bond shall be
cooshued as a statutory bond and oot as a common law bond-
S 1 5 Upoo request by aoy person or entity appearing to be a pote[tial beneficiary of this Bon4 the CotrFactor atrd Owner shall promptly furnish a
copy of this Bond or shall permit a copy to be made.
S '16 Definitions
S 15.1 Clalm. A written statement by the Claimant including .t a minimum:
.1 the name of thc Claima*;
.2 lhe namc ofthe person for whom the labor was done, or matdials or equipment fumished;
.3 a copy ofthe agreement or purchase order pursuatrt to wh.ich labor, materials o! equipmeot was fumished for use in the
performaace of the Constuctiol Contr.ct;
.4 a briefdescription ofthe labor, materials or equigncrt fimrished;
'5 fie date on which the Claimant last performed labor or last flrmished materials or equipmcnt for usc in the performaoce ofthc
CoDstruction Contracq
,6 lhe total a.EouDt earoed by the Claimant for labor, Eatctials or equipment fumished as ofthc date ofthc Claio;
.7 the total amount of previous pa).ments received by the Claimant; and
.8 the total amount due and unpaid to the Claimant for labor, matelials or equipment fumished as ofthe date ofthe Claim.
5 16.2 Claimant. An idividual or cntity haviDg a direct contract with the Contractor br witb I subcotrtractor ofthe Cootractor to firmish labor,
materials or equipmmt for use in the performance of the Construction Contract. Jhe terto Chimant also iucludes any individual or entity that has
dghtfully asserted a clai4 urde! an applicable mechanic's lien or similar statute against the real prop€rty upon which rhe Project is located. The intent
ofthis Bond shall be to include without limitation in the terms "labor, materials or equipmert" that part ofwater, gas, power, light, heat, oil, gasoline,
telephone setvice or rental equipment used io thc Construction Contract, architectural and engiqeeriog services required for performance of the wolk
of the Contractot and the CoDtractols subcontractors, arrd all other items for which" mechanic's lieo may be asserted in the jurisdiction where the
labot naterials or equiprleot were fumished
S 16.3 Construction Contract. The ageement between the Owner and Contractor identified otr the cover page, including all Cottraat Documents
and all changes made to the agreement and the Contmct Documents.
s-2149/AS 8/10
S 16.4 Own6r Default. Failure of the Ow[er, which has not beetr remedied or waived, to pay the Contractor as required utrder the Constructiotr
Contract or to perform and complete or comply with the other material terms of the Construction Contracl
S 16.5 Contract Documents. All the documents thar comprisc the agrcement b€tweEn the Owner and Contractor.
S I 7 If this Bond i9 issued for an agieemeot betweeo a Cootractor and subcootractor, the term Contractor in tiis Botrd shall be de€med to be
Subcoltractor eld the term Owner shall be deemed to be Contractor,
$ '18 Modifications to ttris bond are as follows
than those appeaing on the cover page.)
SURETY
Name and H er R.oedtel,Attorney-in-Fact
Addrc$s 1600 Utica Avenue South, Suite 600
Minneapolis, MN 55416
.\
CoEpa[y: (Corporate Seol)
Travelers Casualty and Surety Company of America
Namc and Titlc:
Address
Signature:
5450 W GOWEN RD
BO|SE, rD 83709
208-362-6152
Jeseeflqflffi)E{ngrnt
s-2149/AS 8/10
SLAI_CONTRACTOR AS PRINCIPAL
Compaoy:
State of Minnesota I
)ss
County of Flennepin
On this 28'h day of November 2011, before me personally came Heather R. Goedtel, to
me known, who being by me duly swom, did depose and say that she is the Attomey-in-Fact of
Libertv Mutual InsuraDsg CqmDarty & Travelers Casualty and Surety Company of America described in
and which executed the above instrument; that she/he knows the seal of said corporation; that the seal
affixed to said instruments is such corporate seal, that it was so affixed by order of the Board of Directors
of said corporation, and that she/he signed her/she/his name to it by like order.
rl
Notarv Public
MICHETLE DIANE HALTER
Notary Public
MyCommission Expires
lan 31.2023
Surety Acknowledgment
l
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t-THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power otAttorney limitg the acts ofthose nrmed herein, and they have no authority to bind the Company except in the manner and to the etent herein stated.
cedincate No ZZ9!198
Liberly Mulual lnsurance Company
The Ohio Casually lnsurance Company WestAmerican lnsurance Company
POWER OF ATTORNEY
KNoWN ALL PERSONS 8Y THESE PRESENIS That lhe Ohio Casually lnsurance Company is a corporalion duly orgarized under lhe laws oi lh€ Slate ol New Hampshire, lhal
Liberly Mulual lnsurance Company is a corporatron dLrly organized !nder lhe laws of lhe Slale of l\rassachusetls, and Wesl American lnsurance Company is a corporalion duly
Brian D. Carpenler; Craio Olmstead; Healher R. Goedtel:Jessica Hotf;Jill N. Swanson ;Laurie Pfluq; Michelle Halter; Nicole Langer
a!
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i'::l 1!91;,
be as binding upon the Companies as ilthey have been dLrly signed by tho presidenl and allesled by th6 secrelary of lhe Companies in lheir own properpersons.
all ol the cily of state ol IIN each indlvidLrally ifthere be more lhaa one named, ls true and lawfulallorney-in'facl lo make, execule, seal, acknowledge
lN WITNESS WHEREoF. this Power olAtlorney has been subscribed by an authoized oiaicer or offcial of lhe Companies and the corpo€te sea s of the Companies have been aflixed
rhereto thislljl[_ day of June 2017
DavdM
By
STATE OF PENNSYLVANIA
COUNIY OF MONTGOI\,{ERY
SS
On this -13!!- dayof June , 2o17,591616msps156nallyappearedDavidM Carey.whoacknowledgedhimselllobelheAssislanlSecrelaryofLibertyMulual lnsurance
Company. The Ohio Casualty Company. and Wesl Am€rican lnsurance Company, and lhal he, as such. being authorized so lo do, execule lhe ioregoing rnslrument for lhe purposes
lherein contained by signing on bBhalfoflhe corporalions by himself as a duly aulhorieed ofricer
lN W TNESS WHEREoF, I have hereunlo subscrlbed my name and alUxed rny nolarial seal al Kin g of Prussia, Pennsylvanra, on lhe day and year lirsl above willen
COMMONW€AL'TH OT PENNSYlVANIA ,/-- llolurrrt /r"-fr-/L,
This Power of Allorney rs made and ereculed pulsuenl and by authorily of lhe lollowing ByJaws and Aulhorizations ol The ohio Casually lnsurance Company. Libeny luutual
lnsurance Cornpany and Wesl Amencan lnsurance Company u/hich lesolulions are now in full lorce and effect reading as lollowsi
the provisions ofthis a,"dcle may be revoked atany time bythe Board,lhe Chaiman,lhe Presidel]t or by the otiicer or officers granling such poweror authority.
execuled such instrumenls shallbe as blnding as ifsigned by lhe presidenl and attested by the secrelary.
obligaiions
the same force aod effect as thouqh manually affixed.
L Renee C. Llerlellyn. lhe undersigned. Assislant S€cretar The Ohio Casuahy lnsuran@ Cofpany Liber Mulual Insurance Company, and Wesl American lnsurance Company do
hereby cerl fy lhal the orginal power of atlomey of wlrich lhe foregotng is a full,
NolaialSeal
Te.ee Pasrela, Nor.ry Publ6
UOper Me.id Trp , Mdtgorery Cou.ry
My Coonissro. Eipies Ma.ch 28,2021
Ay
teresa Paslella, Notary Pub|c
of Altorney execuled by sard Companies, s n full lorce and eflect and
lN TESTIMONY VYHEREOF, lhave hereunlo set my hand and afllxed the seals _,2n
Secmlary
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The ohio Casuatty lnsurance Company
Libefly Mutual lnsurance Company
West American lnsurance Company
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1MS,12873 022017
WARNINGT THIS POWEB OF AT-TOBNEY lS INVALID W THOUT THE RED BOBDER
POWER Ol"{',t'r'ORNEY.-,
TRAVELERS Farmington Casualty CompanJ
Fidelit) and Guarantt Insurance Compnnl'
Fid€lity and Guarant) Insurance Lnderlvriters. Inc.
St. Paul l'irr and Marine Insuran(e Compant
St. Paul (;uardian lnsurance Company
St. Paul M€rcury Insurrnco Company
Travelers Casualty and SuretJ Company
Travelers Casualt) and Sur€t) Companl ofAmerica
United States Fidelit] and Guarantt Company
Attorn€y-In Fact No. 23191 |Cct.tificatr N0.007272784
KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Conrpany- St. Paul Fire lnd Marine Insurance Comprnr-. St. Prul Cuardian lnsurance
Company. St. Paul Mcrcury lnsurance Company. Travelers Casualty and Surety Comp:tny. Travelers Casualty and Surel! Company ol America. and Unitcd Statcs
Fidelity and Guaranty Company are corporations duly orSanized under the la*s of the Slate of Connecricut. rhat Fidclit)r and Cuarunt\r Insuftnce Comprny is a
la$s of the State of Wisconsin (herein collectively callcd the Companies ), and lhat thc Companie\ do hercby make, consritrre nd rppornr
Jill N. Swanson, Laurie Pflug, Brian D. Carpenter, Nicole Langer, Jessica HoII-. Hcather R. Gocdtol, Michello Haltcr, and Craig Olmstcad
Minneapolis Minnesotaof the Cny of Srati- of
each in their separate capacity if more than one is named above. to sign, execute. seal and acknowledge any and all bonds. recoSnizances. conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranreeing the fidelity ol plrsons. guaranteeing rhc performance of
contracls and executing or guaranleeing bonds and undertakings required or pcrmift€d in any actions or proceedings allowcd hv Lr$..
Farmington Casualty Company
Fidelitl and Cuarano Insurance Compan]
Fidelit} and Guaranty Insurance Underwriters, Inc
St. Paul l'ire and Marine lnsurance Compan].
St- Paul Guardian Insurance Co pany
St. Pa l Nlercury Insuranc€ Compan]
Trav€lers Casualty and Surety Compan]
Trar€lcrs Casualt] and Sur€tl Company ofAmerica
United States Fideli() and Guarantl Compan}
_ . rheir true and l.rwlul Attomey(s)-in,Fact,
/
R.h.,r L R an.y. Scni(tr Yiae Presid.nt
State of Connecricut
Cit), of Haaford ss.
In Witness Whereof,I hereunlo set my hand and ojlicial seal
Mv Commission expires the 30th day ofJune.2O2l.
58440-5-16 Printed in U.S.A
WAANING: THtS POWEB OF ATT ORNEY IS INVAL ID WITHOUI THE BED BOADFF]
otrJl' c
Mr.ic C. Terrerulr. Nolty public
IN WITIIDS,S WHEREOI , the Compan-ics havc caused th is instrumcnt to bc signed and their corporare scals ro bc hcrelu ntn*"a , tl i. 20th
June 20l'l
@ @ffiffi*"Bffi, @@ ffi
Ilv:
on this the - 20th day of Jun: 2017. t"lor. ." pcrsonalty appeared Roben L. Raney, who acknowledged himsetfro
Fire and Marine Insurance company, st. Paul Guardian lnsurance company. St- Paui Mcrcury Insurancc companv. Travelers casualty and surery company. Tra!eterscasualty aDd surety company of America and uniled states Fidelity .md Guaranty company. and that he. as such. being aurhorized so ro do. executed the foregoinginstrument for lhe purposes therein contained by signing on behaifoithe corporations by himself as a duly au(horjzed officer.
WARNING:THIS POWER OF ATTOBNEY lS INVALID WITHOUTTHE RED BORDER
This Power oI Attorney is granted undcr and by thc authority of the following resolulions adopted by lhe Boards of Directorr of Farmington Casualty Company, Fidelily
and Cuaranty Insurance Company, Fidelity and Guaranly lnsurancc Underwriters. Inc-. Sl. Paul F_ire and Marjne lnsurance Company, St. Paul Guardian Insurance
Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casuahy .tnd Surety Company of America, and Uniled States
Fidelity and Guaranty Company. which resolutions are now in full lbrcc aDd eflect. readinq as lbllo$s:
RESOLVED, thal the Chairman. the Prelident. an] Vice Chairman- anv Executivc Vice President. any Scnior Vice President, any Vice President. any Second Vice
hesideflt, the Treasurer, any Assistanl Treasurer, the Corporate Sccretary or cny Assistant Sccrelary mry appoint Attorneys-in Fact and Agents to act for and on behalf
of the Company and may give such appointee such aurhori(y as hii or her cenificate of authority may prescribe ro sign with the Company's name and seal wi(h the
Company s seal bonds, recogn izances. contracts of indemnii) . and olher writin8s obligator) in rhc nature of a bond. recognizance, or conditional unde(aking , and any
of said officers or the Board of Dtectors at any timc may remole an) such npp,ointce and revoke the po\r'er given him or her; and it is
FURTIflR RESOLVED. that the Chairman. thc hesidenr. any Vice Chairman, ,tny Execurive Vice Presidenr. any Senior Vice President or any Vice President may
delegate all or any pan of the foregoing aulhorily to onc or more ol]icers or enrployees of this Company, provided that each such delegation is in writing and a copy
thereof is filed in the office ofthe Secrelary: and it is
FURTIIER RESOLVED. that any bond. recognizance. contract oI indemniry. or {riring obligntory in thc nalure of a bond. recognizance. or conditional unde(aking
shall be valid and binding upon the Company when (a) signed by the President. afly Vice Chairman. any Executive Vice President. any SeniorVice President or any Vice
President, any Second Vice Presidenl, thc Trcasurer, any Assistant Trcasurer. the Corporate Secretary or any Assistant Secretary and duly anested and s€aled with the
Company s seal by a Secrelary or Assistant Secretaryi or (b) duly excculcd ( nder seal. ifrequired) by one or more Anomeys-in-Fact and Agenls pursuant to the power
prescribed in his or her cenificate or lheir cerlificates of authorir) or bf onc or more Company officcrs pursuant ro a writtcn delegation of authority; and it is
FURTHER RESOLVED. that the signaturc of cach of rhe follosing olTiccrs: Presidenr. any Executive Vice President. any Senior Vice Presidenr. any Vice President,
an)-Assistant Vice President. any Secretary. any AssisraDl Secretary. and the seal of the Company may be aflixed by facsimile to any Power of Attomey or to any
and undenalings and other writings obligatory in thc nature thereof, and any such Power of Attome] or cedficate bearing such facsimile signature or facsimile seal
shatl be valid and binding upon lhe Company and an) such powcr so executcd and cenified b] such facsimile signature and facsimile seal shall be valid and binding on
the Company io the future with respect ro any bond or undcrstaflding 1() shi.h il is nttached
I, Kevin E- Hughes, the undersigned, Assistant Secrelary. ofFarnrington Casrahy Company. Fidclity and Guaranry lnsurance Company. Fidelity and Guaranty Insurance
Underwrite6, Inc., St. Paul Fire and Marine Insurance Company, Sr. Paul Cuardian Insurance Company, St. Paul Mercury Insurance Company. Travelers Casualty and
Surety Company, Travelers Casualty and Surety Company ofAmerica. and Unircd SEtes Fidelity and Cuaranty Company do hereby certif] that the above and foregoing
is a true and conect copy ofthe Power ofArromey executed by said Companies. qhich is in full lbrce and effcct and has not been revoked.
IN Tf,STINIONY WHEREOF. I ha!e hercunro set n1) hand and affixed the seals of suid Companies this x lrlrrgnnha. .,,i1day of
a--'{
Ke\in E. Hughes. Asslstant
'51
To verify the auhenticity of this Power of Attomey. call 1 ,800 ,12 I -3880 or conlact us at www.lrlve lersbond.com Pleas€ refer to the Attomey{n-Fact number, the
above-named individuals and the details of the bond to which thc power is atlached.
WABNING THS OFA EY IS INV WLTHOUT THE BED ER
1982
1951 @ffi
acc>*if CERTIFICATE OF LIABILITY INSURANCE 11120t2417
THIS CERTI FICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDEO BY THE POLICIESBELOW. THIS CERTIFICATE OF TNSURANCE DOES NOT CONSTTTUTE A CONTRACT BETWEEN THE |SSU|NG TNSURER(S), AUTHORTZED
REPRESENTATIVE OR PRODUCER, ANO THE CERTIFICATE HOLDER,
IM PO R N T tf the rt ifi cate ho der an AD otTt o N NS U RED the po cy (i )ust h AD DITIO NA L N SU R E D s s be n d orsed
U BR OGA Tto N ubject lh term s a nd cond ons the P rta in pol i qu a n nd nt.statem tthsrtificatedrrightsthertificatehtdIiehdorses)
Ma6h USA lnc
333 Soulh 7lh Skeel. Suile 1400
Minreapols,MN 55402-2400
Altn MDll CertRequest@marsh com
J43750.MASC GAWX.17.18
INSUREO
Knib Ri!€r Corporalion Noihwest
5450 W. Gowen Road
Boise D 83709
COVERAGES CERTIFICATE NUMBER cH 008838114 01 REVISION NUMBER
HAVE
TAI
HT S S TO CE RT THA THT POLIE C E S o N RANCESU STEDLI LOWBE EEB N USS TOED ETH N S U ED N DE FOAAOVE T EH OL CY ER OD
N DICA TED OTWN TN TS DIAN N ANYG REOU ME ENT oTERIU c DITON o OFN cANY ORONTRACT EOTH DOC NIU TEN H SP EC TOT H CH STH
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T82,641,005097-047 41filt2017 01/01/2018 2,000 000x
PREI"IISES
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GEN'L AGGREGATE LIMIT APPLIES PER
LOC
COMM ERCIAL GENERAL LIABILITY
GENERALAGGREGATE
PRODUCTS COMP/OPAGG
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4 000.000
4,000 000
CLA MS MAOE
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BoD LY INJURY (Per person)
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0101i2018 S
BoolLY INJURY (Per a@dent)
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SCHEDULEO
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ANO EMPLOYERS' LIABILIIY
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E.L OISEASE. EA EMPLOYE
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/ LOCATIONS /VEHICLES (ACORD 101, Additionat R€marts S.hoduto, m.y b6 attach.d ifmor€ sp!c. is roquned)
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Addilionellnsured forAutomobite Ltabiilyh inctuded peraflached designated tnsured Endorsemenl CA 20 48.
DESCRIPIION OF OPERATIONS
Re Elack CatSewerTrunk Phase
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES gE CANCELLEO BEFORETHE EXPIRATION DATE THEREOF, NOTICE WLL BE OELIVERED IN
ACCORDANCE W|TH THE POLICY PROVISIONS.
Cilyol Meddian
33 Easl Eroadway A\€nue
Me.idian, lD 83642
AIJTHORIZED REPRESENTATIVE
=!'tan raor.; ja4rz_rv,\ir<.r.ManashiMLrkheiee
@ 1988-2016 ACORD CORPORATTON. A[ rights reserved.
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ACORD 25 (2016/03)The ACORD name and logo are registered marks ofACORO
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EACHOCCURRENCE
li99EEq4 E I$
WC2 641.005097-027 (Guar Cosr)
.INCLI]DES 'SIOP GAP"
Policy Number: A12-641 -005097 -057
lssued by: LIBER'I'Y \4U1'LJAL FIRE INSURANCE COMPANY
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY,
NOTICE OF CANCELLATION TO THIRD PARTIES
This endorsement modiries insurance provided under thg following:
BUSINESS AUTO COVERAGE PART
MOTOR CARRIER COVERAGE PART
GARAGE COVERAGE PART
TRUCKERS COVERAGE PART
EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART
SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
COMMERCIAL LIABILITY _ UMBRELLA COVERAGE FORM
Schedule
N ams of Olher Person(s| /Email Address or malling address:Number Days Notic€:
O rg an izat io n s
Per schedule of certificale
holders on {ile with the
Com
Per sehedule of certifaate holders on
file with lhe Company.
on
n
A lf vr€ cancel this policy for any reason other than nonpayment of premium, we will notify the persons ororganizations shown in the Schedule above. We will send nolice to the email or mailing address listed aboveat least 10 days, or the number of days listed above. if any, before the canc€llalion be&mes effective. In noevent do€s the notice to thB third party exceed the notice to the first named insured.
B This advance notification of a pendin_g cancellation of coverage is intended as a courtesy only. Our failure toprovide such advance notificalon will not extend the policy Cancellation date nor negate cariceitalion of thepolicy.
All other terms and conditions of this polcy remain unchanged.
>^,--\ 9,*,1
. O 2011 Liberty Mutual Group of Companres. All nghts reserved.lncludes copyrighted material of lnsurance Servrces-Otfrce, lnc.. witn
its permission
LtM 99 01 05 lt Page 'l of 1
I
I
POLICY NUMBER: At2$41-005097-057
This endorsement modilies ansurance provided under tho following
AUTO OEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
SCHEDULE
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED FOR
COVERED AUTOS LIABILITY COVERAGE
witr]..Jeg?ec! to coverage provided by this endorsement, the provisions of the coverage Form appty untessmodified by this endorsement.
This endorsemenl identifies person(s) or org_an jzation(s) wfio are "insureds' for Covered Autos Llability Covarageyndg|'. tl? who^ ls An lnsured provision o1 the coveiage Form. This enoorseminl-joes ;;i-;ii;, coverag€provided in the Coverage Form.
COMMERCIAL AUTO
cA 20 48 10 13
Each person or organizat;on shown in the Schedule isan "insured" for Covered AUlos Liabilily Coverage, but
only to the extent thal person or organization qJalifiesas an "insured" under the Who ls An insuredprovision contained rn Paragraph A.1. of Seclion ll _
Covered Autos Liabitity Coverage in the BusinessAuto and Molor Carrier Coverage Forms andParagraph D.2. of Section I - -Covered Autos
Coverages of the Auto Dealers Coverage Form.
>r--> g.tu")
Any person or organization whom l,/ou have agreed in writing to add as an addilional insured. but onlv rocoverage and minimum limils of insurance required by lhe liillen agreement. ,rJ , ,o
"reritlo'eic6eo eittrerthe scope of coverage or the limts of insurance prov,OeO in tnis pofy.
This policy will be primary and non4ontributory to any like insurance available to rhe person or organizationnoled abov€.
Name Of Person(s) Or Organization(s):
lnformation uired to com in lhe Declaralionsabove. will be shownthis Schedule if nol shown
CA 20 ,18 '10 13 () lnsurance Services Office, lnc 201i Page 'l of 1
POLICY NUVIBER: TB2-641-005097-047 COMMERCIAL GENERAL LIABILITY
cG 20 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SGHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the fdlc)1ring
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Section ll - Who ls An lnsured is amended to
include as an additional insured the person(s) or
organizatim(s) shown in the Schedule, but only
vr'ith respect to liability for "bodily iniury", ''property
damage" or 'personal and ad\r'ertising injury'
caused, in whde or in part, by:
'1. Your acts or omissions; or
2 The acts or ornissions of those acting on your
behalf;
in the perform ance of your ongoing operations forthe additional insured(s) at the locatim(s)
designated above.
H o$,,ever:
l. The insurance afforded to such additional
insured only applies to the extent permitted by
laYr'; and
2 lf coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required bythe contract or agreement to provide
for such additional insured.
B. Wth respect to the insurance afforded to these
additional insureds, the following additional
exdusions apply:
This insurance does nc* apply to'bodily injury" or
'property damage'' occuning aner:
1. Allv/ork, including materials, parts or equipment
fumished in connection with such work, on the
project (other than service, maintenance or
repairs) to be perform ed by or on behalf of the
additional insured(s) at the location of the
covered operations has been complded; or
2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a principal
as a part ofthe same project.
C. Wrth respect to the insurance affo(ded to these
additional insureds, the following is added to
Section lll - Limits Of lnsurance:
lf coverage provided to the additional insured is
required by a contraci or agreement, the most ur'e
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
Z Available under the applicable Limits of
lnsurance sho$in in the Declarations;
whicfiever is less.
This endorsement shall not increase the applicable
Limits of lnsurance shown in the Declarations.
cG 20 10 04 13 O ISO Properties, |nc.,2012 Page 1of2 tr
SCHEDULE
Name Of Additional lnsured Person(s)
Or Organization(s)Locati on(s) Of Covered Operdions
All persons or organizations for whom you have
snter6d into a written contract or agrsemont, prior to
an "occurrence" or offense, to provide additional
insued sfatus.
All locdions as required by a wriften contract or
agreement ontsred into prior to an "occtrronce',
or offense.
lnform ation required to complete this Schedu le, if not shown above.will be shown in the Declarations.
cG 20 10 04 13 O lnsurance Services Office, lnc.,2OlZ Pqe2ot2
COMMERCIAL GENERAL LIABILITY
cc 20 37 04 ,t3
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED. OWNERS, LESSEES OR
CONTRAGTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provded under the following
COIVIIVI ERCIAL GEN ERAL LIABI LITY COVERAGE PART
PRODUCTS/COI\iIPLETED OPERATIONS LIABILITY COVERAGE PART
POLICY NUl\ilBER: T82-641-005097-047
A Section ll - Vwlo ls An lnsured is amended to
include as an additional ingtred the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for 'bodily injury' or
"property damage" caused, in whole or in part, by
"your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and
included in the "products-coi"n plded operations
hazard".
Howe\r'er:
1. The insurance afforded to such additional
insured only applies to the extent perm itted
by law; and
2 lf coverage provided to the additional insured
is required by a contract or agreement, the
insirance afforded to such additional insured
will not be broader than that which you are
required by the cmfad or agreement to
provide for such additional insured.
B. Wth respecl to the insurance afforded to these
additional insureds, the following is added to
Section lll - Limits Of lnsurance:
lf coverage provided to the additional insJred is
required by a contract or agree'neflt, the mod we
will pay on behatf of the additional insured is the
amcrunt of insurance:
1. Required by the contrad or agreement; or
2. Avaalable under the applicable Limits of
lnsurance sho&n in the Declarations;
rvhichever is less.
This endorsement shall nct increase the applicable
Limits of lnsurance shovn in the Declarations.
Name Of Additional lnsured Person(s)
Or Organization(s)Location And Doscriplion Of Conpleted Operations
All persms or orgdtizations for whom you have
entered into a written contract or agreement, prior
to an "occurrence" or offonse, to provide additiond
insured stdus.
All locdions as required by a written contract or
agreement entered into prior to an "occurrence" or
offense.
lnformation required to complete this Schedule, if not shown above, will be shown in the Declarations
cG 20 37 04 13 O fnsurance Services Offlce, lnc.,2oiz Page 1 of 1
SCH EDU LE
Policy Num ber TB2-641-005097-047
lssued by LIBERTY MUTUAL FIRE INSUR{NCE COMPANY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATION TO THIRD PARTIES
This endorsement modilies insurance provided under the following
BUSINESS AUTO COVERAGE PART
MOTOR CARRIER COVERAGE PART
GARAGE COVERAGE PART
TRUCKERS COVERAGE PART
EXCESS AUTOMOBILE LIABILITY INDEMNIry COVERAGE PART
SELF-INSJRED TRUCKER EXCESS LIABILITY COVERAGE PART
CO|\iltuI ERCIAL GENERAL LIABI LITY COVERAGE PART
EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTSrcOMPLETED OPERATIONS LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
COIVIMERCIAL LIABILITY - UMBRELLA COVERAGE FORM
B
lf we cancel this policy for any reason other than nonpa)ment of premium, we will nclify the persons or
o(ganizations $lown in the Sctredule above. We will send ncdice to the email or mailing address listed aboveatleastl0days,orthenumberofda)ls lisled above, if any, before the cancellation becomes effective. ln no
event does the ndice to the third party exceed the notice to the tirst named insured.
This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure toprovide such advance notitcation will not extend the policy cancellation date nor negat! cancellation of thepolicy.
All otherterms and conditions of this policy remain unchanged
O 20'1 1 Uberty Mutual Group of Companies. All rights reserved.
lncludes coprighted m aterial of lnsurance Services Office, lnc., with
its permission.
Schedule
Narne of Other Persor{s) /
Organization(s):
Email Address or mailing address:Number Days Notice:
Per Schedule of c€rtificate
holders on file with the Company
90
LtM 99 01 05 11 Page 1 of 1
NOTICE OF CANCELLATION TO TH'RO PARTIES
A lt-y- -"r:r"' rh's pohcv ror eny,r.ason other rhan nonpayrngnt o[ premrum, w8 $r'irr norify tha por60ns ororgent'arions shown in {ho schedure bero'n. we wir seno no:rhe io i#emarr or mai ry addrE.s rrstod berow .rloast 10 days. or lhe number of dayi lisrsd b6,ow, ti "^i. oit.i-*L[aflon becom€s affed/.le. ln no e\,6nrdoes lhe notica to the lhkd party exco€d lhe oofice 6 ff,j iist nar*O-iniureo.
B' This.advance norificarion or a prndrng caoc€rstion ol cov.rage is intended as a courtesy onry. o.,, rairure ,oprovide such advance notmcarion wiri not €xrand tte poriiy-ir.o"irairn dare nor *gr[ ;;,""xr;;"; "iit*
NEmo ot Other porson(61 ,
Org!nlzatlon(sr:
Per schedule of cerrlfrcate
holders on tile r.,l th the
coapany
Schcdule
EEail Addross or mailing rddress: Numbcr Days l,lotice:
Per schedul e of certlflcate
holders on flle wrth the
conpany
90
Allolh€r tsrmE and condfions ol this poticy rcmain unchanged
lssuei by Libertt lnaurancc Corporation 2lgl4
For a{rdynr to potrry No.LrA7-64D-0050g7_017 Efecli,re Di teol /0t l20tl prcrrnum,
lssued to cennrenntst Energy itoldjngs, Inc. >_r" \. $"**l
wc 99 20 7s
Ed. 1zo1/2o16 @20,16 Liberty MutuBt trEur.ic.Poge 1 ot 1
NOTICE OF CANCELLAIIOI{ TO THIRO PARTIES
A.
lt- 1e .ca.r5,et this policy lor 6ny .reasoo othar thtn mnpaymeot ot Frr'llum. ws wil notiry lhe persons ororganizatbna shoivn ln lh€ schedu'e balot / we un seno'nolceio the amalt or mat[ng addr6ss lisled b€toiry Etleast r0 dalr. or the number ot davs risrea hhw, ii;;r,.f,J#-;;[alion becoms. erfecriye, rn no €vo.rrdoes the no{ce to lhe th'rd party 6xci}ed tt " nofi"" to G 6rti nilii*lns*eo.
B' This.advanc€ nolification ot a Pendin-g ctncollalion-oI covoraoe is inlendBd as a courtesy only. our failure loprovid€ such advance no'lificatk n wili nol extond ttte p"llt;;il;ton (bte nor negata cen.ellatbn o, trepolicy.
Nrme ol Olh€r Porsontsl ,
Organizstion(s):
Per echedule of c ert ificate
holders on f1le wlth the
conrPany
Schedule
Emall Addrcss or mailing addtess: l{umber Dayc Notice:
Per schedule of certificare
holders on ftle wtth the
coIIpany
90
All olher lerms and conditions ot th,s policy ,emain uncianged
ls3lcd by Lllrerry Uutual Flre Insura.nce Company -t65gG
For €tlechrE. ro poticy l,ro. ItC2-641-005097-027 efearw oa b)t I Ot lhOLT
b6!ed lo MDU Resources Group, Inc.
Prosfirn I
)^\ g**,".t
wc 99 20 75Ed 12to1t2016 O 20'16 tit(ny Ustud Insrrrance Prge , of 1
IDSOS Viewing Business Entity Page 1 of2
IDAHO SECRETARY OF STATE
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Lawe.ence Denney, Secretary of State
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KNIFE RIVER CORPORATION . NORTHWEST
1150 WEST CENTURY AVENUE
BISMARCK, ND 58503
Type of Business: CORPORATION, GENERAL BUSINESS
Status: GOODSTANDiNG
state of origin: oREGoN
Date of 20 Oct 2009
Origination/Authorization:
Inatial Registered Agent: C T CORPORATION SYSTEI.4
921 S ORCHARD ST STE G
BOISE, ID 83705
Organizational ID / Filing C1B4B75
N umber:
Number of Authorized Stock
Shares:
Date of Last Annual Report: 27 Sep 2OL7
Annual Report Due: Oct 2018
Original Filing:
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OF AUTHORIry
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Comoanv License Work Liccnse License
Name Number Catcson Type Class Stalus Annlicant O\ ner ComDan\ Comoan\ Comoanr Comoanr ^, I'.\oiratiun
6- NlE AddEis Ejq 51q!, zl, ( 'd"
Pnone 6;ie-
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License
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3/31/2013
PublicWorks Search
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Meridian City Council Meeting
DATE: November 28-2017 ITEM NUMBER: 6H
PROJECT NUMBER:
ITEM TITLE:
First Addendum to Professional Services Agreement with
Treasure Valley Children's Theater Not -to -Exceed $5,000
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
FIRST ADDENDUM
TO
PROFESSIONAL SERVICES AGREEMENT WITH
TREASURE VALLEY CHILDREN'S THEATER
Whereas, This Addendum, made this � 8 day of November, 2017 to the Professional
Services Agreement executed between the City of Meridian (CITY) and Treasure Valley
Children's Theater (TVCT) dated November 21, 2017 (AGREEMENT); and,
WHEREAS, CITY and TVCT desire to amend the payment schedule specified under the
AGREEMENT,
NOW THEREFORE, the AGREEMENT shall be modified in the following particulars:
Section II.B of the agreement shall be repealed and replaced with the following:
Payment schedule. Following TVCT's provision of detailed invoice to City, City shall pay
TVCT in accordance with the following schedule:
1. By December 22, 2017, City shall mail payment to TVCT in the amount of $1,000.00.
2. By March 1, 2018, City shall snail payment to TVCT in the amount of $1,500.00.
3. By June 1, 2018, City shall mail payment to TVCT in the amount of $1,000.00.
4. By August 1, 2018, City shall mail payment to TVCT in the amount of $1,500.00.
All other terms of the AGREEMENT shall remain the same,
IN WITNESS WHEREOF, the parties shall cause this First Addendum to be
executed by their duly authorized officers to be effective as of the day and year first
above written.
TREASURE VALLEY CHILDREN'S THEATER
By' d&a
—
Au n ersey
CITY OF MERIDIAN
Tammy dyMeyd, Mayor
Attest:
,N
CIIV of
w
C.Jay&Coles, City Clerk '2m SEAL
Meridian City Council Meeting
DATE: November 28-2017 ITEM NUMBER: 61
PROJECT NUMBER:
ITEM TITLE:
AP Invoices for Payment - $199,586.82
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE;
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
City Of Meridian
Invoices Selected for Payment - Invoices for Payment - Amie
Code
Fund
Fund Title Vendor Name Invoice/Credit Description Invoice Amount
01 General Fund ADA COUNTY PROCESSING CENTER Release of liability, 2012 CHEV 4D, Vin# 628928, FA#
111725
3.50
01 General Fund ADVANCE AUTO PARTS split loom for wiring for snow blade on fleet trk 16 -qty
20
6.50
01 General Fund ADVANCE AUTO PARTS wiper blades for fleet truck 3 - qty 1 12.95
01 General Fund ADVANCE AUTO PARTS wire to add hazard lights to trucks# 16,18,8,30 - qty 15 21.45
01 General Fund AIR FILTER SALES Air filters for City Hall - Qty 172 1,718.50
01 General Fund ALEXANDER CLARK GRAPHICS Cash Receipts Forms, #30501-#31500, Qty 1000 382.02
01 General Fund AMERICAN MECHANICAL CORP 220/HVAC Prev Mtnc, St. 5 195.00
01 General Fund AMERICAN POLYGRAPH ASSOCIATION APA Annual Membership Renewal 150.00
01 General Fund ANDREW'S UPHOLSTERY Custom Cargo Cover for Gear in Back Unit # 48 237.14
01 General Fund AUTO SPRING CORP Install 2in Lift Kit & Front End Alignment on fleet truck
16
325.95
01 General Fund BATTERIES PLUS Batteries for PD 102.68
01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098, Replace Photo Cell on Poles
41018,41013,41019,41017
160.00
01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098, Replaced Lamp & Photo Cell on Pole 40651C,
11/5/17
94.00
01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098, Replaced Lamp & Photo Cell on Pole 6533B,
11/5/17
94.00
01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098, Replaced Lamp on Pole 40312C, 11/5/17 54.00
01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098, Replaced Lamp, Ballast, Photo Cell on Pole
40315C
196.00
01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098, Replaced Lamp, Ballast, Photo Cell on Pole
40522C
196.00
01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098, Replaced Lamp, Ballast, Photo Cell on Pole
40650C
196.00
01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098, Troubleshot No Power to Poles 52014C &
52013C
130.00
01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0098, Troubleshot Power-Not Hooked Up on Pole
40387C
65.00
01 General Fund BERRY ELECTRICAL SERVICES, INC.Installed Ballasts in Emergency Light Fixtures @ City
Hall
581.26
01 General Fund BME FIRE FIGHTER SUPPLY, LLC.220/FF Pants, shirts, for Recruits, Boots V.Brower 1,079.07
01 General Fund BME FIRE FIGHTER SUPPLY, LLC.220/Station boots, Walstad 172.80
01 General Fund BONNEVILLE BLUE PRINT SUPPLY plan copies for S Meridian Regional Park & Homecourt
Parking
4.32
01 General Fund BRADY INDUSTRIES, LLC.220/Janitorial, St. 4, tissue, cleaner, towels 183.80
01 General Fund BRADY INDUSTRIES, LLC.220/janitorial, St. 5, cleaner, detergent, liners, towels 114.59
01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Battery for Unit # 12 116.95
Date: 11/22/17 11:22:19 AM Page: 1
City Of Meridian
Invoices Selected for Payment - Invoices for Payment - Amie
Code
Fund
Fund Title Vendor Name Invoice/Credit Description Invoice Amount
01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Install Air Bags for SWAT Van Unit # 37 574.49
01 General Fund BRUNEEL TIRE OF MERIDIAN LLC irrigation golf cart tires - qty 4 232.00
01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change and Evoc Inspection unit # 153 55.00
01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change and Post Evoc Safety for Unit #128 65.00
01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 13 55.00
01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 139 55.00
01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 6 55.00
01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 9 50.00
01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change, Air Filter and Battery for Unit # 525 82.96
01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change, Battery and Wipers for Unit # 47 187.31
01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change, Front Brakes and Tires for Unit # 100 1,258.86
01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change, Headlight bulb and Cabin Filter for Unit #
129
118.91
01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change, Post Evoc Inspect & Tires for Unit # 141 654.36
01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Repair Leak Transmission, Oil Cooler O-Rings Unit #
141
127.40
01 General Fund BRUNEEL TIRE OF MERIDIAN LLC studded tires for fleet truck 30 498.54
01 General Fund BSN SPORTS, INC.softball league base plugs - qty 10 packs 254.38
01 General Fund BSN SPORTS, INC.volleyball league slipp-nott base & pad - qty 1 132.46
01 General Fund CALLBACK STAFFING SOLUTIONS, LLC Support Plan Less than 100 Users (Monthly)
11/5/17-12/4/17
39.99
01 General Fund CARPENTER SCREEN PRINTING 2017 Fall Softball Champion shirts - qty 173 1,205.81
01 General Fund CASCADE FENCE COMPANY, INC.Repair & Maintenance on gates at PSTC 1,900.00
01 General Fund CASCADE FENCE COMPANY, INC.Repair to Gate at K9 Training Area 185.00
01 General Fund CHELSEA R CUNNINGHAM instructor fee - Yoga 10/14-11/4/17 - qty 12 387.20
01 General Fund CHIEF SUPPLY CORPORATION Fingerprint Kits for Patrol Cars 319.95
01 General Fund CITY OF BOISE FIRE DEPARTMENT 220/City training, AED Program, 89 CPR cards for MPD 1,391.96
01 General Fund CIVIL SURVEY CONSULTANTS 17-0082,ACHDFranklin-Black Cat/Ten
Mile,Water/Sewer 10/31/17
573.67
01 General Fund COMMAND SOURCING INC Helmets for WRAP Restraint System in Patrol Cars 915.00
01 General Fund CUSTOM ROTO-MOLDING, INC fleet truck ice melt tank parts - qty 2 459.80
01 General Fund D & B SUPPLY Dog Food for K9 Randy 49.99
01 General Fund DELL MARKETING L.P.VLA Acrobat Pro Dc 2017 License MLP Universal
English Perpet
1,260.36
01 General Fund G & R AG PRODUCTS INC ice melt tank parts for fleet truck - qty 99 631.50
01 General Fund G & R AG PRODUCTS INC spray wand for fleet truck sprayers - qty 2 154.36
01 General Fund HARRIS SHARPENING paper cutter sharpening 40.00
01 General Fund HOME DEPOT CREDIT SERVICES 220/rebuild power plug, T-31 34.11
01 General Fund HOME DEPOT CREDIT SERVICES 5 sets of D batteries for soap dispensers 64.90
Date: 11/22/17 11:22:19 AM Page: 2
City Of Meridian
Invoices Selected for Payment - Invoices for Payment - Amie
Code
Fund
Fund Title Vendor Name Invoice/Credit Description Invoice Amount
01 General Fund HOME DEPOT CREDIT SERVICES Adhesive to Attach Wall Base, Paint Brushes & Caulk
Gun
8.36
01 General Fund HOME DEPOT CREDIT SERVICES Carpet Adhesive to replace Carpet in Patrol Room 12.78
01 General Fund HOME DEPOT CREDIT SERVICES Corner Protectors for Patrol & Grip Tape SWAT Van 19.53
01 General Fund HOME DEPOT CREDIT SERVICES Credit for Outlet Box Extender & Outlet Covers for
Patrol Wo
(7.97)
01 General Fund HOME DEPOT CREDIT SERVICES Credit for Return of Covers & Box Extenders (8.61)
01 General Fund HOME DEPOT CREDIT SERVICES drill - qty 1 52.97
01 General Fund HOME DEPOT CREDIT SERVICES Grip Tape for Rails on SWAT Van Unit # 37 25.94
01 General Fund HOME DEPOT CREDIT SERVICES sales tax reversal - reference invoice 0082397 (3.00)
01 General Fund IDAHO PRESS-TRIBUNE MAC Ad 6 of 6 for Meridian Art Week 2017, Ran on
9/8/17
132.50
01 General Fund IDASEW, LLC 220/Hemming & attach patches on uniforms 370.00
01 General Fund JENSEN BELTS ASSOC 17-0292, Const Admin Services - Reta Huskey Park,
Sept 17-Fi
2,682.00
01 General Fund L.N. CURTIS AND SONS 220/Job shirts, jacket liners, for recruits 2,889.00
01 General Fund L.N. CURTIS AND SONS 220/Partial credit invoice # INV134468 for returned
items
(1,026.00)
01 General Fund LIFELOC TECHNOLOGIES, INC.Breath Test / PUI Equip and Supplies 470.28
01 General Fund LIGHTHOUSE UNIFORM CO 220/Class A pants, stock - qty 1 91.10
01 General Fund MCDOWELLS SPECIALTY REPAIRS Repaired Tailgate Dent for Unit # 139 209.00
01 General Fund MISTER CAR WASH Fleet Washes for October 2017 150.00
01 General Fund MODERN PRINTERS Business Cards for PD 233.00
01 General Fund MOTOROLA 18-0089 Microphones for PD Portable Radios 6,497.00
01 General Fund MOTOROLA 18-0089 Mobile Radios for New Patrol Units 14,914.68
01 General Fund NAPA AUTO PARTS 220/Polish 31.45
01 General Fund NAPA AUTO PARTS 220/Shop supplies, St. 3 111.87
01 General Fund NAPA AUTO PARTS 220/Shop supplies, St. 5, sealant, elect tape, DW40,
paint
83.43
01 General Fund NAPA AUTO PARTS 220/Shop Supplis, St. 4 83.51
01 General Fund NAPA AUTO PARTS 220/Wiper Blades, MF030 44.98
01 General Fund NAPA AUTO PARTS rocker switch for fleet truck - qty 3 23.59
01 General Fund NATIONAL LAW ENFORCEMENT SUPPLY Drug Test Kits for CID 316.75
01 General Fund NESMITH BROTHERS TOWING Tow to Canyon Honda for Unit #522 75.00
01 General Fund NESMITH BROTHERS TOWING Tow to PD Evidence 17-7406 75.00
01 General Fund OFFICE DEPOT, INC.Chair Billed In Error - See Credit Inv# 978826361001 -
Qty 1
329.99
01 General Fund OFFICE DEPOT, INC.Credit for Chair Billed to City in Error - Qty 1 (329.99)
01 General Fund OFFICE DEPOT, INC.Credit for Returned Plates - Qty 1 Box, See Orig Inv#
969984
(85.89)
Date: 11/22/17 11:22:19 AM Page: 3
City Of Meridian
Invoices Selected for Payment - Invoices for Payment - Amie
Code
Fund
Fund Title Vendor Name Invoice/Credit Description Invoice Amount
01 General Fund OFFICE DEPOT, INC.Supplies for City Council Presentation 74.68
01 General Fund OFFICE DEPOT, INC.Toner for AP Printer - Qty 2 192.06
01 General Fund OFFICE VALUE - MERIDIAN Batteries, Pens, Paper, Toner, Organizers, Tape for PD 1,183.74
01 General Fund OFFICE VALUE - MERIDIAN Bubble Wrap for Evidence 49.75
01 General Fund OFFICE VALUE - MERIDIAN Calendars for Conference Rooms 45.87
01 General Fund OFFICE VALUE - MERIDIAN Calendars for Offices/pens/post its 105.45
01 General Fund OFFICE VALUE - MERIDIAN Canned Air for PD 26.67
01 General Fund OFFICE VALUE - MERIDIAN Chairmats for Patrol 198.78
01 General Fund OFFICE VALUE - MERIDIAN Credit for Envelopes for PD - Qty 2 Boxes (35.98)
01 General Fund OFFICE VALUE - MERIDIAN Desk Organizers for New Code Enf Officer 73.24
01 General Fund OFFICE VALUE - MERIDIAN Envelopes for PD - Qty 2 Boxes 71.96
01 General Fund OFFICE VALUE - MERIDIAN Note Pads for PD - Qty 2 17.51
01 General Fund OFFICE VALUE - MERIDIAN Packing Tap, Calculator, Toner, Pens, Envelopes,
Folders, Po
619.30
01 General Fund ON THE SPOT CLEANERS #15 Cleaning PD Uniforms Oct 2017 960.00
01 General Fund OVERHEAD DOOR COMPANY 220/Service door at St. 1 95.00
01 General Fund OXARC, INC.220/1 Medical Oxygen 12.40
01 General Fund OXARC, INC.United Way Campaign Helium Rental 102.14
01 General Fund PAUL'S MERIDIAN STINKER diesel fuel for air compressor 21.47
01 General Fund PAUL'S MERIDIAN STINKER diesel fuel for equipment 20.15
01 General Fund PAUL'S MERIDIAN STINKER diesel fuel for skidsteer 35.28
01 General Fund PAUL'S MERIDIAN STINKER diesel fuel for transfer tank 3 172.82
01 General Fund PAUL'S MERIDIAN STINKER super unleaded fuel for Ventrac mower 58.99
01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 11 83.01
01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 3 54.66
01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 31 31.00
01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 4 45.00
01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 8 67.81
01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for Storey Park equipment 43.92
01 General Fund PRIMARY WEAPONS SYSTEMS, INC.Firearms Parts 839.00
01 General Fund REAL ANIMAL MANAGEMENT 18-0030 goose management services - October 2017 2,700.00
01 General Fund RESOND FIRST AID SYSTEMS OF
IDAHO
Bandaids and eye drops for med cabinet in breakroom 36.83
01 General Fund ROB LINDBERG Per Diem, R. Lindberg, Drug Unit Supervisors Training,
Seatt
333.00
01 General Fund SAFARILAND Repair to SWAT Headset 78.25
01 General Fund SAFE RESTRAINTS INC 18-0100 WRAP Restraints 12,885.00
01 General Fund SHRED-IT USA, LLC.220/Paper shredding 31.49
01 General Fund SHRED-IT USA, LLC.ComDev Records Destruction Reso#17-1193 335.70
Date: 11/22/17 11:22:19 AM Page: 4
City Of Meridian
Invoices Selected for Payment - Invoices for Payment - Amie
Code
Fund
Fund Title Vendor Name Invoice/Credit Description Invoice Amount
01 General Fund SIMPLEX GRINNELL Design & Materials for Locking Mechanism @ City Hall
Histori
1,123.59
01 General Fund ST. LUKE'S HEALTH SOLUTIONS Wellness Day Cooking Demo October 2017 350.00
01 General Fund SYNCB/AMAZON 220/Credit for tax charged on envelopes through Office
Dep
(1.03)
01 General Fund SYNCB/AMAZON Office Supplies & Equipment 90.21
01 General Fund SYNCB/AMAZON United Way Campaign Prize 119.99
01 General Fund T-ZERS SHIRT SHOP 220/Uniform shirts/pants, 88 items for new recruits 3,312.15
01 General Fund TAMMY DEWEERD Mayor Cellphone Reimbursement FY18 - November
2017
100.00
01 General Fund TAMMY DEWEERD Mayor Cellphone Reimbursement FY18 - October 2017 100.00
01 General Fund THE ACTIVITY GROUP 18-0004 Trauma Kits for PD 11,840.00
01 General Fund THE ACTIVITY GROUP Trauma Kits - Additional Needed 2,080.00
01 General Fund THE COBLE COMPANY Shoulder Patches 1,413.00
01 General Fund THE UPS STORE Postage to send Evidance to Lab 42.91
01 General Fund TRADEMARK SIGN CO, LLC sign for Reta Huskey Park Pathway - qty 1 108.50
01 General Fund UNITED LABORATORIES, INC.chemicals for drain clogs at Homecourt - qty 12 332.02
01 General Fund WEIDNER & ASSOCIATES 220/11 pr structure boots for recruits 3,857.71
01 General Fund WEIDNER & ASSOCIATES 220/12 wildland jackets 1,486.20
01 General Fund WEIDNER & ASSOCIATES 220/18 wildland ff jackets, stock 2,227.33
01 General Fund XEROX CORPORATION - PASADENA BOW-588861 220/Copier Lease & Copies, October
2017
596.75
01 General Fund XEROX CORPORATION - PASADENA MX4-506016, Xerox7845 lease 10/17; click fees
10/13-10/20/17
386.61
Total 01 General Fund 100,367.89
07 Impact Fund BONNEVILLE BLUE PRINT SUPPLY plan copies for S Meridian Regional Park & Homecourt
Parking
228.34
07 Impact Fund HOME DEPOT CREDIT SERVICES shelving materials for KBird & Hillsdale Parks 111.60
07 Impact Fund JENSEN BELTS ASSOC 17-0297 construction admin svcs-Hillsdale Park
10/2017
695.00
Total 07 Impact Fund 1,034.94
20 Grant Fund
governmental
FM IDAHO CO LLC Radio Promo for MADC Reality Party - October 2017 1,425.00
20 Grant Fund
governmental
FM IDAHO CO LLC Radio Promo for MADC RX Take-Back & Reality Party -
Oct 2017
1,850.00
Date: 11/22/17 11:22:19 AM Page: 5
City Of Meridian
Invoices Selected for Payment - Invoices for Payment - Amie
Code
Fund
Fund Title Vendor Name Invoice/Credit Description Invoice Amount
20 Grant Fund
governmental
JESSE TREE OF IDAHO Reimburse for Emergency Rental Assistance for CDBG 594.00
20 Grant Fund
governmental
MERIDIAN DEVELOPMENT
CORPORATION
17-0381, Sidewalk Design Costs for CDBG Grant,
10/1-10/31/17
8,364.00
Total 20 Grant Fund
governmental
12,233.00
60 Enterprise Fund ADA COUNTY PROCESSING CENTER Release of liability, 2006 GMC PK, Vin# 246823, FA#
FY06-114
3.50
60 Enterprise Fund ADA COUNTY PROCESSING CENTER Release of liability, 2006 GMC PK, Vin# 246866, FA#
FY06-115
3.50
60 Enterprise Fund AM CONSERVATION GROUP INC.Outreach, water conservation kits (qty 300)3,618.00
60 Enterprise Fund AMERICAN WEST PROPERTY
MANAGEMENT
Refund, 0470162202, Wat/Sew/Trash, 892 W Cagney
Dr, Prop Mgr
58.06
60 Enterprise Fund BILLING DOCUMENT SPECIALISTS 18-0090, MUBS Bills 11/5/17 & Delinqent Notices
11/8/17
8,777.53
60 Enterprise Fund BONNEVILLE BLUE PRINT SUPPLY 48 inch smart level for P Cotten 210.00
60 Enterprise Fund BOWERS AUTO REPAIR Labor & Hose to repair heater on Operations truck
C12104
106.80
60 Enterprise Fund CAREER UNIFORMS 2 polo shirts, 2 sweatshirts for new inspector D Heaton 131.20
60 Enterprise Fund CAREER UNIFORMS Logo on 5 T-shirts for Dave Heaton 29.75
60 Enterprise Fund CIVIL SURVEY CONSULTANTS 16-0153,Well 30, services 10/1-10/31/17 968.00
60 Enterprise Fund CIVIL SURVEY CONSULTANTS 16-0366,ACHD Meridian/Cherry Ln-Ustick
Utility,10/1-10/31/17
3,630.00
60 Enterprise Fund CIVIL SURVEY CONSULTANTS 17-0040,Water Main Ext,Lake Hazel-Locust,
10/1-10/31/17
600.00
60 Enterprise Fund CIVIL SURVEY CONSULTANTS 17-0041,ACHD Ustick/Meridian Utility
Improv,10/1-10/31/17
1,867.00
60 Enterprise Fund CIVIL SURVEY CONSULTANTS 17-0065,Water/Sewer Main
Rep.,W.Washington,10/1-10/31/17
1,321.00
60 Enterprise Fund CIVIL SURVEY CONSULTANTS 17-0082,ACHDFranklin-Black Cat/Ten
Mile,Water/Sewer 10/31/17
1,147.33
60 Enterprise Fund CIVIL SURVEY CONSULTANTS 17-0366,ACHD,Pine-Meridian/Locust,Water/Sewer
10/1-10/31/17
4,098.53
60 Enterprise Fund CIVIL SURVEY CONSULTANTS Consulting Engineering Water PRV#26 &
#27,10/1-10/31/17
356.00
60 Enterprise Fund CIVIL SURVEY CONSULTANTS Consulting Engineering Water Well
Pumps,10/1-10/31/17
1,125.00
60 Enterprise Fund D & B SUPPLY Insulated coveralls for Ryan Mason & Orion Valentine 239.98
Date: 11/22/17 11:22:19 AM Page: 6
City Of Meridian
Invoices Selected for Payment - Invoices for Payment - Amie
Code
Fund
Fund Title Vendor Name Invoice/Credit Description Invoice Amount
60 Enterprise Fund D & B SUPPLY Sledge Hammer for P Cotten's vehicle C18780 18.99
60 Enterprise Fund D & B SUPPLY Tank sprayer for grounds 69.99
60 Enterprise Fund DC ENGINEERING 17-0185 SCADA setup & PLC programming at Oaks &711.50
60 Enterprise Fund DC ENGINEERING Professional services for lift station generation load
study
930.00
60 Enterprise Fund DOUGLAS V. & MICHELLE L.
CUNNINGHAM
Refund, 1050032602, Wat/Sew/Trash, 3888 N Annata
Ave, Title
68.07
60 Enterprise Fund DYLAN & JANIE SOUTHERN Refund, 1309030203, Wat/Sew/Trash, 5343 W
McMurtrey St, Cust
72.94
60 Enterprise Fund EXECUTRAIN OF IDAHO Registration, C. Krausch & G. Harris, Access for
Beginners C
400.00
60 Enterprise Fund FASTENAL COMPANY Bolts to repair pump 4, secondary pumping station 3.00
60 Enterprise Fund FISHER SCIENTIFIC Bottle probe thermometers 141.58
60 Enterprise Fund FISHER SCIENTIFIC Composite sampler thermometer 85.71
60 Enterprise Fund FISHER SCIENTIFIC FIA tubing 154.12
60 Enterprise Fund HACH COMPANY 18-0125 Field service maintenance agreement on LDO
probes
7,484.00
60 Enterprise Fund HACH COMPANY 18-0125 UVAS & TSS probe service agreement -
10/1/17-9/30/18
17,694.00
60 Enterprise Fund HACH COMPANY FIA nitrate/nitrite column 165.00
60 Enterprise Fund HOME DEPOT CREDIT SERVICES Ball Hammer, 6 piece Pin Punch Kit Qty 2 28.57
60 Enterprise Fund HOME DEPOT CREDIT SERVICES Credit for Tax Charge Ref INV#18040233957 (1.62)
60 Enterprise Fund HOME DEPOT CREDIT SERVICES Post to install no parking signs (4 qty)17.92
60 Enterprise Fund IDAHO PRESS-TRIBUNE Legal Notice for Invitation to Bid WRRF Switchgear,
10/27
67.62
60 Enterprise Fund IDAHO PRESS-TRIBUNE Legal Notice for Soul Source of Aqua Aerobice Inc for
Diamon
64.86
60 Enterprise Fund IDAHOMANAGEMENT.COM Refund, 3669005003, Wat/Sew/Trash, 963 E Puffin St,
Both Pre
100.91
60 Enterprise Fund INTERSTATE ELECTRIC SUPPLY Parts to install new scum pumps for secondary clarifiers 772.44
60 Enterprise Fund JOHN AND MARGARET EVERTS Refund, 2404221402, Wat/Sew/Trash, 1266 N Santa
Rosa Ave, Cu
99.35
60 Enterprise Fund JUSTIN AND SARAH ELLIS Refund, 3260021004, Wat/Sew/Trash, 1725 E
Bellalucca Ln, Cus
556.14
60 Enterprise Fund LEAGUE OF OREGON CITIES WWTP Superintendent 2nd posting 80.00
60 Enterprise Fund LEONARD & NADINE ASCHENBRENNER Refund, 1419169601, Wat/Sew/Trash, 2498 N
Crooked Creek Way,
264.37
60 Enterprise Fund MASTERCARD MC Pre-Pay WW, #0596, Low Balance as of 11/20/17 2,000.00
60 Enterprise Fund MATERIALS TESTING & INSPECTION 17-0135,WRRF Capacity Exp FY15,10/16-10/29/17 9,583.30
60 Enterprise Fund MATERIALS TESTING & INSPECTION 17-0365,WRRF Headworks Upgrades,10/16-10/29/17 1,151.60
Date: 11/22/17 11:22:19 AM Page: 7
City Of Meridian
Invoices Selected for Payment - Invoices for Payment - Amie
Code
Fund
Fund Title Vendor Name Invoice/Credit Description Invoice Amount
60 Enterprise Fund MATERIALS TESTING & INSPECTION 17-0365,WRRF Headworks Upgrades,service
10/2-10/15/17
2,267.30
60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.20X20 Keystock-Metric SS, Qty 1 23.72
60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Fittings & hose barbs to repair pressure switch at 14.86
60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Meter 321.99
60 Enterprise Fund NEW PIG CORPORATION Mercury spill kits 281.78
60 Enterprise Fund OFFICE DEPOT, INC.Binders, flags, post-its, pens - qty 9 44.01
60 Enterprise Fund OFFICE DEPOT, INC.Copy paper & pens - qty 3 65.59
60 Enterprise Fund OFFICE DEPOT, INC.Dividers & Flags - Qty 5 7.68
60 Enterprise Fund OFFICE DEPOT, INC.Earbuds for A. Ploetz - Qty 1 9.99
60 Enterprise Fund OFFICE DEPOT, INC.File folders and scissors - Qty 2Pks 25.58
60 Enterprise Fund OFFICE DEPOT, INC.Pens - Qty 15 16.50
60 Enterprise Fund OFFICE VALUE - MERIDIAN Clear Tabs, Spine Binder Holders Qty 9 39.90
60 Enterprise Fund OFFICE VALUE - MERIDIAN Label Tape Qty 1 19.83
60 Enterprise Fund OWEN JONES Refund, 2250235401, Wat/Sew/Trash, 1294 N Sandlin
Ave, Custo
42.95
60 Enterprise Fund PARAMOUNT SUPPLY CO.Solenoid valve 549.00
60 Enterprise Fund PAUL & KELCEY STEWART Refund, 4618171303, Wat/Sew/Trash, 2654 E Mount
Etna Dr, Cus
65.50
60 Enterprise Fund PAUL'S MERIDIAN STINKER Emissions test on Collections truck C14936 15.00
60 Enterprise Fund PLATT Crimp connector & black electrical tape for stock (104
qty)
38.25
60 Enterprise Fund PLATT Fluorescent bulb to replace ltg in mechanical bldg
(30qty)
60.30
60 Enterprise Fund PLATT LED wall pack to replace ltg in Digester 4 & 5 control
-qty9
1,225.13
60 Enterprise Fund PLATT Parts to repair solid valve discharge line on pump 1 & 2 73.88
60 Enterprise Fund PLATT Photocells Qty 4 39.02
60 Enterprise Fund RED WING SHOES Safety boots for Rob Gray 200.00
60 Enterprise Fund RED WING SHOES Steel-Toe Boots for B. Kerr - Qty 1 199.74
60 Enterprise Fund RYAN POWERS Reimb, R. Powers, Testing Fees & License for WW
Collections
117.00
60 Enterprise Fund SEAN AND DEBORAH KILLEEN Refund, 1631345001, Wat/Sew/Trash, 2111 NW 8th
Ave, Customer
63.82
60 Enterprise Fund SHERRY L JOHNSON Refund, 1055302303, Wat/Sew/trash, 2331 W Los
Flores Dr, Cus
44.59
60 Enterprise Fund SHRED-IT USA, LLC.ComDev Records Destruction Reso#17-1193 200.00
60 Enterprise Fund SPF WATER ENGINEERING, LLC 15-0371, Source Water Protection 10/1/17-10/31/17 -
Final In
1,012.75
60 Enterprise Fund SYNCB/AMAZON Batteries for Temp Logging Trackers - Qty 2 25.24
Date: 11/22/17 11:22:19 AM Page: 8
City Of Meridian
Invoices Selected for Payment - Invoices for Payment - Amie
Code
Fund
Fund Title Vendor Name Invoice/Credit Description Invoice Amount
60 Enterprise Fund THE UPS STORE Shipping for WET & 2x/year testing 1,299.02
60 Enterprise Fund TRACY VERBANAC Refund, 2323301003, Wat/Sew/Trash, 900 W Idaho
Ave, Customer
41.00
60 Enterprise Fund TRAVIS KISSIRE Reimb, T. Kissire, Testing Fees & License for WW
Treatment O
87.00
60 Enterprise Fund USA BLUEBOOK Deicer 96.80
60 Enterprise Fund VWR INTERNATIONAL LLC.Deployable temperature loggers - qty 2 551.67
60 Enterprise Fund WESTECH Scum arm wipers 141.60
60 Enterprise Fund WESTERN STATES AUTOMATION, LLC Chlorine analyzer (3 qty)4,895.62
60 Enterprise Fund XEROX CORPORATION - PASADENA MX4-741080, Copier Lease 10/17 & Copies
10/3/17-11/1/17
378.24
60 Enterprise Fund XEROX CORPORATION - PASADENA MX4-741285 monthly copier lease for Oct 2017 273.60
Total 60 Enterprise Fund 85,950.99
Report Total 199,586.82
Date: 11/22/17 11:22:19 AM Page: 9
Discovery Benefits
ADMINISTRATIVE SERVICES AGREEMENTS
The attached agreements (the "Agreements' are entered into by and between CITY OF MERIDIAN ("Employer'
and Discovery Benefits, Inc. ("DBI' as of 01/01/2018 ("Effective Date'.
Agreements Attached:
X
COBRA
N/A
Direct Billing
N/A
Premium Conversion
X
Reimbursement Account
N/A
Health Savings Account
N/A
Arrears Billing
N/A
Education Assistance Program
N/A Discovery Tests" Non -Discrimination Testing Subscription
X HIPAA Business Associate Agreement (signed for by the Employer as the Sponsor on behalf of and as a
representative of the Employer health plan)
AUTHORIZATION AND SIGNATURE
Neither party to Agreements, when dealing with the other party in relation to the Plan, will be obliged to determine the
other party's authority to act pursuant to Agreements. Furthermore, the individuals executing the Agreements on
behalf of DBI and Employer do each hereby represent and warrant that: they are duly authorized by all necessary
action to execute the Agreements on behalf of their respective principals; and the execution and delivery of the
Agreements and the consummation of the transactions herein provided have been duly approved by Employer and DBI
and do not violate any agreements to which Employer or DBI is a party or otherwise bound.
The Agreements are accepted and entered into by the parties as of the Effective Date.
Signed for Emo r by
Tammy de Weerd
Mayor
Signed for DBI by
Suzanne Rehr
Chief Compliance Officer / EVP
Date approved by Meridian City Council: (/ / O
Pw4e 1 of 44
CITY OF MERIDIAN (31302)
Fee Schedule
Effective Date 01/01/2018 or later if services start different months
Fee Amount Fee Minimum Frequency Bill To
COBRA - Monthly $0.75 $85.00 Monthly Customer
Fees per Covered Employee
The 2% additional premium for administrative costs is retained by DBI
If the 2% additional premium is not chargeable to COBRA Continuants due to state or local law,
DBI will include the 2% additional premium on a monthly invoice to the Employer, and the
Employer will pay such amount as part of the COBRA administrative fee.
Fee Amount Fee Minimum Frequency Bill To
FSA - Monthly $4.50 $50.00 Monthly Customer
Fees per FSA Participant per month
Includes Dependent Care & Benefits Debit Card
Spouse, dependent, and replacement Benefits Debit Cards available at no additional fee
Fees are guaranteed until 01/01/2021 ("Rate Expiration Date").
Printing and postage are included for standard material and mailings.
Additional charges/fees will apply for non-standard mailings and/or expedited requests.
Additional fees may apply for non-discrimination testing services.
WebEx meetings are included at no additional fee.
Enrollment meetings (optional) are $350 per day plus travel expenses.
If Employer/Customer has contracted with a third party whereby the third party pays DBI's fees on Employer's behalf, DBI's fees will
be invoiced to that third party and are due within thirty (30) days after the date the invoice is received. If the third party fails to pay
DBI, Employer remains responsible to pay DBI's fees. Fee rates may be based on a third-party discount. If DBI's fees are no longer to
be paid by the third party on Employer's behalf, guarantees could be voided and the fee schedule revised.
Page 2 of 44
CITY OF MERIDIAN (31302)
COBRA ADMINISTRATIVE SERVICES AGREEMENT
RECITALS
Employer has established one or more health plans that include medical, dental, vision, employee assistance plan, health flexible spending
arrangement, and/or health reimbursement arrangement benefits (the “Plan”) for its employees.
Employer desires to retain DBI as an independent contractor to administer certain elements of its obligations under COBRA and DBI desires to
assist Employer in the administration of such COBRA obligations. “COBRA” means the Consolidated Omnibus Budget Reconciliation Act of
1985, as amended, and the related regulation and interpretations by the Department of Labor and the Internal Revenue Service.
DBI and Employer agree that DBI shall assist in the administration of Employer’s COBRA obligations on the terms and conditions set forth in
this Agreement, including, without limitation that:
• Employer is the administrator of the Plan.
• DBI is an independent contractor in relation to Employer and to the Plan and may act as an agent and/or designee on behalf of
Employer.
• Employer remains responsible for maintaining the Plan, including the establishment of eligibility and paying all benefits owed or
established under the Plan to its participants.
• DBI is to provide the agreed upon services without assuming any liability for the performance of any services beyond those set forth
below.
Now, therefore, in consideration of the premises contained in this Agreement and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1 – DBI ADMINISTRATIVE SERVICES
1.1 Except for those obligations that are Employer’s responsibility under this Agreement, DBI shall assume responsibility for the proper
administration, application, and interpretation of COBRA rules and regulations for the Plan for COBRA administration under DBI’s
control. DBI services under this Agreement are limited to the benefit plans provided by Employer via the DBI portal or design guide.
DBI shall have no responsibility or duty with respect to any plan where complete information about the plan is not provided. DBI’s
responsibilities and duties with respect to the plans are limited to those expressly provided in this Agreement.
1.2 DBI shall consult with Employer regarding the interpretation and application of regulations concerning COBRA administration as they
apply to the Plan.
1.3 If requested by Employer, DBI shall mail its standard initial rights notification letter to all Covered employees and spouses at the
initiation of this Agreement. In order for DBI to complete this mailing, Employer must provide the information requested by DBI in a
timely manner. “Covered” means participating in any COBRA qualified benefit offered by Employer and selected for services under
this Agreement.
1.4 Upon timely receipt of the required information from Employer and within the applicable time frame required by COBRA or upon the
effective date of coverage, whichever is later, DBI shall send, via Accountable Mail DBI’s standard initial rights notification letter (or
“initial notice”) to newly Covered employees and spouses informing them of their rights under COBRA. If information is not timely
received from Employer, DBI shall send the notice described in this Section 1.4 as soon as administratively practicable after receiving
the information. Consequently, however, such notice may not be provided within the time frame required by COBRA, and if complete
information is not provided (as determined by DBI), such notice may be incomplete. “Accountable Mail” means mail that provides
documented proof that the letter or notice was mailed to the recipient at the recipient’s address and meets COBRA regulation
requirements, but does not mean that delivery is tracked.
1.5 Upon timely receipt of complete (as determined by DBI) information from Employer, DBI shall send via Accountable Mail within the
applicable time frame required by COBRA, DBI’s standard qualifying event eligibility and election notice to all Covered employees who
have a qualifying event. If complete information is not timely received from Employer, DBI shall send the notice described in the
preceding sentence as soon as administratively practicable after receiving the required information, however, such notice may not be
provided within the applicable time frame required by COBRA. The terms “qualifying event” and “qualified beneficiary” shall have the
meanings given to them under COBRA.
1.6 Except to the extent not allowed by state or local law as determined by DBI, COBRA continuation coverage premiums will include an
additional 2% for administrative costs. In addition to the monthly administrative fee per Covered employee under this Agreement,
DBI will retain the 2% additional premium allowed by COBRA for administrative costs charged to qualified beneficiaries electing
COBRA continuation coverage (“COBRA Continuants”).
1.7 DBI shall mail DBI’s portal login notice and standard payment coupons to COBRA Continuants after COBRA continuation coverage is
elected and the first COBRA premium payment has been received.
Page 3 of 44
CITY OF MERIDIAN (31302)
1.8 DBI shall provide COBRA Continuants the option to make their COBRA premium payments by check or via automatic recurring ACH
(an electronic funds-transfer system run by the National Automated Clearing House Association) at no additional charge.
1.9 DBI shall provide COBRA Continuants the option to make their COBRA premium payments online with a credit card or via a single-
occurrence ACH request. To the extent permitted by law and the applicable credit card operating rules and regulations, an additional
online processing fee charged by the online third party vendor and payable by the third-party beneficiaries will apply to these
payment methods. The fee is collected by DBI and remitted to the third-party vendor.
1.10 DBI shall deposit COBRA premium payments in a custodial account for the benefit of Employer in the manner described in Article 3.
1.11 DBI shall collect, track, process, and remit to Employer the COBRA premium payments paid by COBRA Continuants. A collect, track,
process, and remit to carrier option (“Remit to Carrier”) is available to employers. In order for DBI to implement Remit to Carrier,
employers must complete a COBRA Authorization Agreement for Direct Payment form. A failure to provide the completed form to DBI
would result in DBI remitting COBRA premium payments to the employer.
1.12 DBI shall coordinate with Employer and its insurers and third party administrators (collectively “Carriers”) to answer questions
pertaining to COBRA continuation coverage eligibility and COBRA premium payment status.
1.13 Using DBI’s standard forms and letters, DBI shall communicate with COBRA Continuants concerning change of address, premium rate
and benefit changes, COBRA continuation coverage eligibility status, Medicare eligibility, advance-termination notice for the individual
conversion, and verification of termination.
1.14 DBI shall provide real-time, online access to information related to the status of qualified beneficiaries and COBRA Continuants.
1.15 DBI shall provide the information required in the event of an IRS or other third party audit as follows:
• The written compliance procedures that DBI uses in the administration of COBRA.
• Samples of DBI forms and notices.
• DBI records that pertain to a qualified beneficiary’s actual qualifying event.
• A description of how DBI administers COBRA coverage.
1.16 DBI shall supply Employer with the initial login information so that Employer may access the employer web portal to notify DBI when
an employee, spouse or dependent is initially added to coverage under the Plan and when an employee, spouse or dependent has
experienced a qualifying event and is eligible for COBRA continuation coverage under the Plan.
1.17 DBI shall supply Employer with the file format required by DBI so that Employer may upload employee demographic, benefit, and
qualifying event information using the employer web portal.
1.18 DBI shall provide a customer service line toll-free number for use during DBI normal business hours to answer questions and address
issues concerning COBRA regulation, COBRA compliance, and COBRA premium payments.
Toll-free customer service line Central Time Zone Monday through Friday
Clients 7:00 a.m. to 7:00 p.m.
Qualified Beneficiaries 6:00 a.m. to 9:00 p.m.
In compliance with applicable federal and state law, DBI may monitor and/or record calls that are made to and from the customer
service line for quality assurance and training purposes and/or to ensure that DBI's services fully comply with the terms of the
Agreement.
1.19 DBI shall notify a COBRA Continuant if COBRA coverage terminates earlier than the end of the maximum period of coverage
applicable to the qualifying event that entitled the individual to COBRA continuation coverage. The notice will be provided as soon as
administratively practicable after DBI determines that the COBRA continuation coverage will be terminated early.
1.20 DBI shall extend the maximum COBRA continuation coverage period in cases of disability and second qualifying events as allowed
under COBRA.
1.21 DBI shall provide its standard system generated open enrollment/premium rate change letter during open enrollment. If requested
by Employer, DBI will provide qualified beneficiaries with a link to additional plan and benefit description materials provided by
Employer through the web portal for qualified beneficiary and COBRA Continuant viewing and printing.
Page 4 of 44
CITY OF MERIDIAN (31302)
1.22 Plan Records and Data
(a) DBI shall retain a copy of all information (as information is defined in Section 2.20, excluding emails or similar electronic
communications destroyed in the ordinary course of business pursuant to DBI policy) for eight (8) years from the date the record
is created at DBI, including, without limitation, a record of all assets and transactions involving the Custodial Account (defined in
Article 3) in an electronic format.
(b) Following the termination of this Agreement, DBI shall cooperate with Employer or Employer’s subsequent service provider to
effect an orderly transition of services provided under this Agreement and, within a reasonable time, will release to Employer a
copy of data, records, and files in DBI’s standard format.
(c) Upon termination of this Agreement, DBI shall be entitled to retain a copy of all information, including any data, records, and files
released by DBI pursuant to this Agreement and will be entitled to continue to use and disclose such information for claims,
audits, and legal and contractual compliance purposes to the extent permitted by law.
1.23 Information Security Program
DBI represents and warrants that it has implemented and maintains a written and comprehensive information security program, and
complies with all applicable domestic law and regulation, including without limitation state privacy and data security law and
regulation, such as the Massachusetts Standards for the Protection of Personal Information of Residents of the Commonwealth (201
CMR § 17.00).
ARTICLE 2 – EMPLOYER RESPONSIBILITIES
2.1 Employer shall provide accurate Covered employee counts to DBI on a monthly basis or as requested by DBI. Employer shall have
thirty (30) days from the date of the invoice to correct a Covered employee count for credit or refund. Employer represents and
warrants the accuracy of any information Employer provides to DBI regarding Covered Employee counts.
2.2 Employer shall provide complete demographic and benefit information to DBI for its current COBRA Continuants on or by the date
agreed upon during the implementation process.
2.3 Employer shall enter or upload an electronic file via the employer web portal containing complete demographic and benefit election
information within seven (7) days of employees, their spouses, and/or dependents obtaining coverage under the Plan.
2.4 Employer shall notify DBI within seven (7) days of any initial qualifying event that occurs once Employer is notified with respect to an
employee, spouse or dependent.
2.5 Employer shall notify DBI within seven (7) days of a second qualifying event should Employer be notified of a second qualifying event
that occurs with respect to an employee, spouse or dependent.
2.6 Employer shall notify DBI within seven (7) days of the qualifying event or the date coverage is lost due to the qualifying event.
2.7 Unless directed otherwise by DBI, Employer shall provide notice of a qualifying event by entering the required qualifying event
information directly into the employer web portal or by uploading an electronic file via the employer web portal. Employer is solely
responsible for determining whether an employee, spouse or dependent has experienced an initial qualifying event under the Plan
and the date of the qualifying event.
2.8 For Remit to Carrier, Employer shall be solely responsible for its Carriers to send a separate billing statement to DBI that includes only
COBRA Continuants.
2.9 For Remit to Carrier, Employer shall provide a completed COBRA Authorization Agreement for Direct Payment form to DBI. Failure to
provide a completed COBRA Authorization Agreement for Direct Payment form will result in DBI remitting COBRA premium payments
to Employer. Employer is at all times responsible to pay to DBI its portion of the premium, where applicable, prior to DBI remitting
premiums to the Carrier.
2.10 Employer shall be responsible for reconciling Carrier billings with the online reports provided by DBI through the employer web portal.
Most Carriers restrict the ability to retroactively terminate COBRA coverage (even in cases of non-payment of premiums by the
COBRA Continuant). DBI shall not be liable for paying any loss or damage (including premiums) to Employer with respect to any
retroactive termination of COBRA coverage, provided that DBI has performed in accordance with this Agreement. DBI reserves all
rights to decline to implement any retroactive changes in premium rates requested by Employer, retroactive beyond thirty (30) days.
Page 5 of 44
CITY OF MERIDIAN (31302)
Employer shall be responsible for selecting a determination period and establishing and advising DBI of the applicable premium rates
to be charged for COBRA continuation coverage. Employer must notify DBI in writing at least forty-five (45) days in advance of the
applicable billing date of any changes in premium rates affecting COBRA coverage under the Plan and at least forty-five (45) days in
advance of the applicable billing date of any changes in premium rates during an open enrollment period, so that DBI has time to
process the changes prior to the effective date.
DBI is aware that carriers may not always provide information about premium rate changes in a timely manner. If Employer is unable
to notify DBI in writing at least forty-five (45) days in advance of the applicable billing date of any changes in premium rates, DBI will
make commercially reasonable efforts to process the changes prior to the effective date.
2.11 Employer shall be solely responsible for differences in premium payments when notification of premium rate changes is not provided
to DBI at least forty-five (45) days in advance, causing payments made by COBRA continuants to be incorrect for the new
determination period.
2.12 Employer shall advise DBI of any changes in the benefits and options provided by the Plan.
2.13 Employer shall be responsible for complying with the Patient Protection and Affordable Care Act of 2010 (“PPACA”), the Employee
Retirement Income Security Act of 1974 (“ERISA”), the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the
Internal Revenue Code (the “Code”), and other applicable law and regulation, other than for the COBRA administrative services
responsibilities assumed by DBI under this Agreement.
2.14 To the extent permitted by law, Employer agrees to hold DBI harmless from and against any and all liability, damages, costs, losses
and expenses (including attorney fees) and expressly releases all claims against DBI in connection with any claim or cause of action
arising out of any activity or occurrence prior to the Effective Date of this Agreement that results from the failure or alleged failure of
Employer, its officers and employees, and any other entity related to or performing services on behalf of Employer to comply with the
PPACA, COBRA, ERISA, HIPAA, the Code or any other applicable law or regulation.
2.15 Employer shall review and be responsible for the payment of all claims under the Plan and ERISA, including, without limitation, claims
and appeals for benefits and claims and appeals for eligibility determinations under the Plan. DBI is not responsible to receive or
review claims for benefits under the Plan and shall not be liable for the payment or funding of any claims for benefits in connection
with the Plan, including, without limitation, where sought as damages in an action against Employer or the Plan or for any activity or
occurrences prior to the Effective Date of this Agreement, provided that such failure did not result from the services performed by
DBI in accordance with this Agreement.
2.16 Employer shall maintain and provide written internal compliance procedures used for notifying DBI of a newly covered employee,
spouse or dependent, a qualifying event, a report of terminations for each tax year, or when there are premium rate and benefit
changes in the event of an IRS or any third party audit.
2.17 Employer shall provide for the release of information necessary for COBRA compliance and administration under this Agreement.
2.18 Employer shall provide plan and benefit descriptions (e.g., Summary of Benefits and Coverage (SBC), Summary Plan Description
(SPD) and benefit plan booklets, etc.) to qualified beneficiaries during open enrollment. DBI’s standard process is to provide a link to
these additional materials through the qualified beneficiary web portal for viewing and printing. If requested by Employer, DBI may
include these additional materials with its standard open enrollment/rate change letter as long as Employer provides DBI with an
electronic PDF image of the additional open enrollment materials. A handling fee of $1.00 per page (duplex) will apply for these
additional materials. DBI will allow for a total of up to 25 duplexed pages, including the standard open enrollment/rate change letter.
2.19 Employer acknowledges and agrees that DBI shall:
(a) Have no duty with respect to the funding of premiums by Employer or qualified beneficiaries who elect COBRA;
(b) Not be liable for paying any premiums of a qualified beneficiary to a Carrier or Employer to the extent that DBI did not
receive the corresponding payment from the qualified beneficiary, Employer or third party;
(c) Not be liable for any failure of Employer to remit to the Carriers of the Plan any funds Employer receives from DBI;
(d) Not be liable for any failure of Employer to reconcile its Carrier billings to online reports provided by DBI through Employer
web portal;
(e) Not be liable for any retroactive premium rate changes requested by Employer;
(f) Not be liable for any failure of Employer to modify its Carrier billing and notify Carriers of a COBRA continuant’s termination
from COBRA coverage when DBI remits premiums paid by continuants to Employer;
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(g) Not be responsible for failure of delivery of any notice mailed by DBI using the qualified beneficiary information provided to
DBI by Employer; and
(h) Not be responsible for any loss or damage suffered by any participant, continuant, Employer or Plan, should DBI fail to give
a required notice or a complete notice because DBI did not receive notice of an event for which a notice was required, DBI
did not receive complete information or DBI received incorrect information.
2.20 Employer Information and Instructions
(a) DBI shall be fully protected in relying upon representations and communications made by or on behalf of Employer in
effecting its obligations under this Agreement.
(b) DBI is entitled to rely on the most current information in its possession when providing services under this Agreement.
(c) DBI shall provide the services in accordance with this Agreement based on information that is provided to DBI by Employer
or qualified beneficiary.
(d) For this purpose, “information” means all data, records and other information supplied to DBI, obtained by DBI or produced
by DBI (based on data, records or other information supplied to, or obtained by, DBI) in connection with performing the
services pursuant to this Agreement, regardless of the form of the information or the manner in which the information is
provided to DBI.
(e) In engaging DBI to perform the services under this Agreement, Employer has authorized and instructed DBI in this
Agreement to implement DBI’s standard administrative forms and procedures.
(f) DBI is not responsible for any acts or omissions it makes in reliance upon: (i) the direction or consent of Employer or a
qualified beneficiary; or (ii) inaccurate, misleading or incomplete information.
(g) Employer and DBI agree that if Employer instructs DBI with a specific written request (in a format acceptable to DBI) to
provide services in a manner other than in accordance with DBI’s standard forms and procedures, DBI may (but need not)
comply with such an instruction. This would include, but is not limited to, any Employer instruction to add a vendor link to
the consumer portal. To the extent that DBI complies with such an instruction, Employer and not DBI shall be solely
responsible for DBI’s action so taken, and Employer agrees to hold DBI harmless from and against any and all liability,
damages, costs, losses and expenses (including attorney fees) and expressly releases all claims against DBI in connection
with any claim or cause of action that results from or in connection with DBI complying with Employer’s specific written
instruction to provide services in a manner other than in accordance with DBI’s standard procedures.
(h) Employer is responsible for the integrity of data in the files. Therefore, complete and accurate information from Employer is
required in order for DBI to perform the services set forth herein.
(i) DBI’s system is unable to mask the employee identification number (“Employee ID”) field, including in reports and the online
portal. Therefore, if Employer uses the social security number (“SSN”) as the Employee ID and requires that DBI set up its
systems to use the SSN in the Employee ID field, Employer agrees to hold DBI harmless from and against any and all
liability, damages, costs, losses and expenses (including attorney fees) and expressly releases all claims against DBI in
connection with any claim or cause of action that results from or in connection with the use of the SSN as the Employee ID.
2.21 Employer’s Electronic Account
If Employer chooses to access the services provided by DBI via an online account or other electronic means (“Employer’s Electronic Account”),
Employer is solely responsible for:
(a) Designating who is authorized to have access to Employer’s Electronic Account;
(b) Safeguarding all of Employer’s passwords, usernames, logins or other security features used to access Employer’s Electronic
Account (“Electronic Account Access”);
(c) Employer’s use of Employer’s Electronic Account under any usernames, logins or passwords;
(d) Ensuring that use of Employer’s Electronic Account complies fully with the provisions of this Agreement; and
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(e) Any unauthorized access or use of Employer’s Electronic Account caused by Employer’s actions or inactions, including, without
limitation, its failure to safeguard the Employer’s Electronic Account or Electronic Account Access.
Employer is solely responsible for the maintenance and routine review of its computing and electronic system usage records (i.e., log files) and
the security of its own data, data storage, computing devices, other electronic systems, and network connectivity.
Employer acknowledges and agrees that DBI has no control over and is not liable to Employer, Employer’s employees or any other third-party
for any consequences, losses or damages resulting from unauthorized access or use of the Employer’s Electronic Account as set forth in this
Section 2.21.
2.22 Plan Tax Obligations
The Plan and/or Employer on behalf of the Plan is responsible for any state or federal tax, fee, assessment, surcharge and/or penalty
imposed, assessed or levied against or with respect to the Plan and/or DBI relating to the Plan or the services provided by DBI
pursuant to this Agreement, including those imposed pursuant to PPACA. This includes the funding, remittance, and determination of
the amount due for PPACA required taxes and fees. In the event that DBI is required to pay or elects to pay any such tax, fee,
assessment, surcharge and/or penalty on behalf of Employer, DBI shall report the payment to Employer along with documentation of
the payment and Employer shall promptly reimburse DBI for the full amount or for Employer’s proportionate share of such amount, as
determined by DBI, except as provided in Section 7.10. This reimbursement would be in addition to the fees described in Section 6.1.
Employer is at all times responsible for the tax consequences of the establishment and operation of the Plan. Further, the parties
agree that DBI does not provide any legal tax or accounting advice to the Plan and/or Employer. DBI is at all times responsible for all
the taxes based upon its net income and its property ownership.
2.23 Health Plan Identifiers
Employer acknowledges and agrees that DBI does not, and shall not, have any responsibility for obtaining one or more health plan
identifiers (HPID) for the Plan from the Enumeration System identified in 45 CFR § 162.508 or for updating the Enumeration System
with respect to the HPID.
2.24 Acknowledgement
Employer acknowledges and agrees that the services provided by DBI pursuant to this Agreement relate to enrollment and
disenrollment in the Plan and that these services to the extent permitted under HIPAA shall be deemed to be performed by DBI on
behalf of Employer in its capacity as the sponsor of the Plan.
Employer further acknowledges and agrees that DBI may use or disclose enrollment or disenrollment information that it receives from
Employer with respect to a particular Covered employee to provide the Covered employee access to additional services at no cost to
Employer.
2.25 Carrier Notifications
DBI’s standard practice is to notify the insurance carrier or “carrier” of a qualified beneficiary’s enrollment in, changes to or
termination from COBRA coverage. If Employer instructs DBI to instead send all such notifications to Employer or to a third party
other than the carrier, Employer: (a) is responsible to ensure the carrier is updated in a timely manner; (b) is responsible to provide
urgent updates to the carriers in a timely manner as necessary; (c) accepts all responsibility and liability for the carrier notifications;
and (d) expressly releases all claims against DBI in connection with the carrier notifications and agrees to hold DBI harmless from and
against any and all liability, damages, costs, losses and expenses (including attorney fees) that result from the failure or alleged
failure of Employer, its officers and employees, and any other entity (other than DBI) in connection with such carrier notifications.
ARTICLE 3 – CUSTODIAL ACCOUNT
3.1 Appointment and Acceptance of Custodian
By signing this Agreement, Employer appoints DBI as custodian of Employer Funds for the purposes and upon the terms and
conditions set forth in this Agreement, and DBI accepts such appointment and agrees to act as custodian hereunder and to hold any
Employer Funds received hereunder in accordance with the terms and conditions set forth in this Agreement.
3.2 Custodial Account
DBI maintains one or more depository accounts (the “Custodial Account”) at Bell Bank (the “Bank”), Fargo, North Dakota, and holds
in such Custodial Account all COBRA continuation premiums received from COBRA Continuants or on their behalf by third parties, less
any portion of the premium payment that constitutes administrative fees payable by the COBRA Continuant. Upon deposit, such
premiums shall become “Employer Funds” (less any applicable fees or other costs as set forth in this Agreement). For administrative
convenience and to reduce costs, DBI shall hold Employer Funds of Employer together with similar funds from other employers in a
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single Custodial Account (or one or more Custodial Accounts as determined by DBI). DBI shall maintain records as to the exact
amount of funds allocated to each employer. Each employer has a legal right to the specific amount of its funds held in the Custodial
Account.
3.3 Employer Funds
Employer and DBI intend and agree that all Employer Funds transferred by Employer to the Custodial Account shall be comprised of
and shall remain the general assets of Employer. The COBRA continuation premiums received from COBRA Continuants are after-tax
contributions relieved from the ERISA trust requirements. Except to the extent that outstanding checks have been written or
withdrawals made against the Custodial Account balance on behalf of Employer, and subject to Section 6.3, Employer Funds may be
withdrawn by Employer at any time (less any applicable fees or other costs as set forth in this Agreement) and are subject to
Employer’s general creditors in the same manner as funds contributed to Employer’s ordinary checking accounts.
3.4 Disbursements
DBI shall forward the COBRA continuation premiums (less the 2% additional premium charged to COBRA Continuants) from the
Custodial Account to the applicable Carrier or to Employer or Employer’s designee as directed by Employer and in accordance with
this Agreement. DBI shall neither have nor shall be deemed to have any discretion, control or authority with respect to the
disposition of Employer Funds.
3.5 Interest Earned
Employer acknowledges and understands that from time to time, DBI may receive earnings and interest on the funds held in the
Custodial Account and that any such earnings or interest shall be part of DBI’s compensation. Employer acknowledges and
understands that fees otherwise charged by DBI for services under the Agreement would be greater if DBI did not retain such
earnings and interest on these funds. The period during which interest may be earned begins on the date Employer Funds are
deposited into the Custodial Account and continues for as long as Employer Funds remain in the Custodial Account. Funds shall be
disbursed on a first-in, first-out basis.
3.6 Maintenance of Records
Upon Employer’s written request, DBI shall provide Employer with an accounting of all assets, transfers, and transactions involving
the Custodial Account, including a description of all receipts, disbursements, and other transactions.
ARTICLE 4 – CONFIDENTIAL BUSINESS INFORMATION AND INTELLECTUAL PROPERTY
4.1 General Obligations
For purposes of this Article 4, “confidential business information” shall mean any information identified by either party as
“confidential” and/or “proprietary”, or which, under the circumstances, ought to be treated as confidential or proprietary, including
non-public information related to the disclosing party’s business, employees, service methods, software, documentation, financial
information, prices, and product plans. Neither DBI nor Employer shall disclose confidential business information of the other party.
The receiving party shall use reasonable care to protect the confidential business information and ensure it is maintained in
confidence, and in no event use less than the same degree of care as it employs to safeguard its own confidential business
information of like kind. The foregoing obligation shall not apply to: (a) any information that is at the time of disclosure, or thereafter
becomes, part of the public domain through a source other than the receiving party; (b) is subsequently learned from a third party
that does not impose an obligation of confidentiality on the receiving party; (c) was known to the receiving party at the time of
disclosure; (d) was generated independently by the receiving party; or (e) is required to be disclosed by law, subpoena or other
process.
DBI may disclose Employer’s or the Plan’s confidential business information to a governmental agency or other third party to the
extent necessary for DBI to perform its obligations under this Agreement or if Employer has given DBI written authorization to do so.
Each party agrees that its obligations contained in this Article 4 apply also to its parent, subsidiary, and affiliated companies, if any,
and to similarly bind all successors, employees, agents, and representatives.
4.2 Financial Statements and Audit Information
If Employer requests access to certain financial statements and/or service organization control audit reports or other audit information
of DBI for the purpose of reviewing the financial, operating, and business condition of DBI, and DBI agrees to provide such
information, Employer’s acceptance of or access to such confidential information shall constitute its agreement with the following:
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• Employer will maintain the information (whether communicated by means of oral, electronic or written disclosures) in confidence
and shall not use the same for its own benefit, or for any purpose other than the furtherance of its review, or disclose the same
to any third party.
• Employer may only disclose the information to its own officers, employees, and agents on a need-to-know basis for the purposes
of its review.
• If Employer is a state agency or otherwise subject to a freedom of information type statute, the information shall be treated as
confidential and exempt from disclosure in accordance with the applicable law and the information contains sensitive proprietary
business information and data defined as trade secret information that would not otherwise be publicly available and that
disclosure of this information to the public, including DBI’s competitors, would likely result in substantial harm to DBI’s
competitive positions and also contains confidential supervisory information and personal information relating to directors,
officers, and major shareholders of DBI, the disclosure of which would constitute an unwarranted invasion of personal privacy.
4.3 Intellectual Property
All materials, including, without limitation, documents, forms (including data collection forms provided by DBI), brochures, and online
content ("Materials") furnished by DBI to Employer are licensed, not sold. Employer is granted a personal, non-transferable, and
nonexclusive license to use Materials solely for Employer’s own internal business use. Employer does not have the right to copy,
distribute, reproduce, alter, display or use these Materials or any DBI trademarks for any other purpose other than its own internal
business use. Employer shall use commercially reasonable efforts to prevent and protect the content of Materials from unauthorized
use. Employer’s license to use Materials ends on the termination date of this Agreement.
Upon termination, Employer agrees to destroy Materials or, if requested by DBI, to return them to DBI, except to the extent Employer
is required by law to maintain copies of such Materials.
DBI retains exclusive ownership rights to and reserves the right to independently use its experience and know-how, including
processes, ideas, concepts, and techniques acquired prior to or developed in the course of performing services under this Agreement.
4.4 Subcontractors or Third Parties
Notwithstanding anything to the contrary, although DBI remains responsible for the confidentiality obligations as set forth in this
Article 4, DBI reserves the right to have this information processed, managed, and/or stored with subcontractors or third parties.
ARTICLE 5 – TERM AND TERMINATION
5.1 The term of this Agreement shall commence as of the Effective Date and shall continue for a period of twelve (12) months (the
“Initial Term”).
5.2 This Agreement shall automatically renew for another twelve (12) months at the end of the Initial Term and every twelve (12)
months thereafter, unless terminated pursuant to Section 5.3 or Section 5.4.
5.3 This Agreement may be terminated at any time during the initial term or any renewal term by Employer or by DBI without cause and
without liability with written notice of the intention to terminate to be effective as of a date certain set forth in the written notice, not
fewer than sixty (60) days from the date of such notice.
5.4 The Agreement shall automatically terminate:
(a) If any law is enacted or interpreted to prohibit the continuance of this Agreement, upon the effective date of such law or
interpretation; or
(b) If any fee for any service provided by DBI to Employer remains unpaid to DBI beyond ten (10) days past the due date, upon
notification by DBI to Employer in writing that DBI intends to exercise its option to enforce this provision.
5.5 If a party is in default under any provision of this Agreement, the other party may give written notice to the defaulting party of such
default. If the defaulting party has not used good faith efforts to cure such breach or default within thirty (30) days after it receives
such notice or if good faith efforts to cure have begun within thirty (30) days but such cure is not completed within sixty (60) days
after receipt of the notice, the other party shall have the right by further written notice (the “Termination Notice”) to terminate the
Agreement as of any future date designated in the Termination Notice.
5.6 Employer shall pay all fees that have accrued up to the date of the termination of this Agreement within thirty (30) days after the
date of the termination.
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5.7 Upon termination of this Agreement, any funds in the Custodial Account that have not been disbursed in accordance with the terms
and conditions of this Agreement shall be returned to Employer less any applicable fees, costs or expenses as set forth in this
Agreement.
5.8 If this Agreement is terminated under Sections 5.3 or 5.4, DBI will cease the performance of any further services under this
Agreement unless both parties agree in writing that certain services shall continue for an additional period. Upon prepayment, if
requested by DBI, of the fees for this additional period or continued monthly invoicing, DBI will continue the processing of qualifying
events, initial notices, the collection and tracking of COBRA premium payments, forwarding premiums to Employer and processing
and reporting of COBRA elections and terminations with respect to those qualified beneficiaries who incurred a qualifying event prior
to the date of termination of this Agreement.
5.9 Upon the completion of the later of the Agreement, or any period of further services, DBI will cease the performance of these COBRA
administration services and Employer shall be immediately responsible for all aspects of COBRA administration. DBI shall return to
Employer any Employer Funds in the Custodial Account. However, the return of such funds shall remain subject to the completion of
a final accounting of all account activities, as well as the deduction of undisputed unpaid fees and other expenses under this
Agreement or any other agreement between the parties. As necessary, DBI shall have the immediate right to demand and pursue
collection of any unpaid fees, reimbursements or other amounts that are due and owing to DBI as of the date of termination pursuant
to the terms of this Agreement or any other agreement between the parties.
ARTICLE 6 – COST OF ADMINISTRATION
6.1 Administrative Services Fees
(a) Employer shall pay DBI a fee for its services under this Agreement. This fee shall be payable in accordance with the Fee
Schedule attached hereto. Fees are invoiced monthly and are due within thirty (30) days of the invoice date. If Employer
disputes any portion of the fees invoiced in good faith, Employer shall provide DBI with written notice of any disputed fees
together with a complete written explanation of the reasons for the dispute (the “Dispute Notice”) within thirty (30) days of the
invoice date. The parties shall work together in good faith to reach a mutually agreeable resolution of the dispute identified in
the Dispute Notice for a period of ten (10) days following the date of the Dispute Notice. If the parties cannot reach such
mutually agreeable resolution, the dispute shall be settled pursuant to the procedures set forth in Section 7.13.
(b) As part of the administrative fees under this Agreement, DBI shall also retain the 2% additional premium allowed by COBRA for
administrative costs charged to COBRA Continuants. If state or local law prevents COBRA Continuants from being charged the
additional 2% premium, then the additional 2% premium shall become a fee paid by the Employer to DBI for its services under
this Agreement. This fee shall be payable in accordance with the Fee Schedule attached hereto. Such fee will be invoiced
monthly and will be due within thirty (30) days of the invoice date.
(c) Notwithstanding the foregoing, DBI reserves the right to increase fees at any time based on postal rate or bank fee increases or
increased costs due to legislative or regulatory changes, domestic or foreign, actually incurred in performing its services. DBI
shall provide Employer with sixty (60) days prior written notice of such increases.
(d) DBI reserves the right to charge fees for the provision of additional services that were neither included in nor contemplated by
this Agreement on the Effective Date, including for the administration of retroactive premium rate changes requested by
Employer.
(e) On or after the Rate Expiration Date noted on the fee schedule, DBI reserves the right to amend the fee schedule with sixty (60)
days’ advance written notice. If Employer is unwilling to accept the changes to the fee schedule, Employer may terminate this
Agreement by providing notice to DBI no later than the effective date of the fee schedule amendment.
(f) Fees quoted assume that DBI standard software and systems will be compatible with Employer’s software and systems and with
any prior service provider’s software and systems so that the services can be readily performed without any modifications or
alterations of DBI’s software and systems. In the unusual event that costs are incurred by DBI to integrate the DBI Services with
Employer’s software and systems and/or in migrating the data from the prior service provider to DBI’s systems, those costs may
be charged separately on a time and materials basis or as otherwise provided under a separate agreement between the parties.
6.2 Non-Party Payment on Behalf of Employer and Compliance with Anti-Rebating Law
Employer represents and warrants that if someone other than Employer is paying DBI’s fees on behalf of Employer, the making of
such payment shall not violate any applicable anti-rebating law. Furthermore, to the extent permitted by law, Employer agrees to
hold DBI harmless (including reasonable attorney fees) from any and all losses that may result from a breach of this provision.
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6.3 Past Due Fees
Notwithstanding anything in this Agreement or any other agreement between the Parties to the contrary, if Employer fails to pay DBI
any amount (except for amounts subject to a good faith dispute) that is due as a result of the services provided by DBI to Employer
under this Agreement or any other agreement between the parties, DBI shall be permitted to deduct the undisputed amount from any
funds held by DBI that were received from Employer. This right of offset shall be in addition to any other remedies that DBI may
have in this Agreement or any other agreement between the parties with respect to such non-payment, including, without limitation,
any right to terminate this Agreement or a right to recoupment, regardless of whether the past due amount is paid in full as a result
of the offset or recoupment rights provided herein.
ARTICLE 7 – GENERAL
7.1 Assignment
This Agreement may not be assigned by either party without the prior written consent of the other unless in connection with a
merger, acquisition or sale of all or substantially all of the party’s assets and provided that the surviving entity has agreed to be
bound by this Agreement and has notified the other party in writing within thirty (30) days of the assignment.
7.2 Audit Rights
Employer may inspect any transactions, procedures, records, and participant files relating to Members, at DBI’s office and at a time
reasonably acceptable to DBI, upon providing ten (10) business days’ advance written notice to DBI.
7.3 Force Majeure
Notwithstanding anything to the contrary contained herein, neither party shall be liable or deemed to be in default under or in breach
of this Agreement for failure to perform or delay in the performance of any of their respective obligations under this Agreement to the
extent that such failure or delay results from any act of God, military operation, terrorist attack, widespread and prolonged loss of use
of the Internet, national emergency, government restrictions, or disruption of the financial markets. The affected party shall use all
commercially reasonable efforts to remedy any inability to perform under this Agreement.
7.4 Governing Law
All questions with respect to the construction of this Agreement and the rights and liabilities of the parties, except as otherwise
provided, shall be determined in accordance with the laws of the State of Idaho. In the event of any conflict of laws, the laws of the
State of Idaho shall prevail.
7.5 Number
Where the context of this Agreement requires, the singular shall include the plural and vice versa.
7.6 Relationship of the Parties
Employer and DBI acknowledge and agree that DBI is retained under this Agreement as an independent contractor of Employer to
assist Employer with its obligations to comply with the continuation coverage provisions of COBRA, and that DBI is not a fiduciary
under ERISA and lacks any discretion hereunder. Employer agrees that use of or offset of amounts in the Custodial Account to pay
for fees or other amounts due to DBI under this Agreement shall constitute an Employer action that is authorized by Employer under
this Agreement. Employer agrees that such actions are not discretionary acts of DBI and do not create fiduciary status for DBI. This
Agreement is not intended to create, nor does it create and shall not be construed to create, a relationship of partner or joint venture
or any association for profit between Employer and DBI.
7.7 Severability
If any provision of this Agreement is determined by a court to be unenforceable or invalid, such determination shall not affect any
other provision, each of which shall be construed and enforced as if such invalid or unenforceable provision were not contained
herein.
7.8 Survival
Sections 2.14, 2.20, and 2.26, Article 4, Sections 5.7 and 5.8, Section 6.2, and Article 7 shall survive the termination of this
Agreement.
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7.9 Waiver
If either party fails to enforce any right or remedy under this Agreement, that failure is not a waiver of the right or remedy for any
other breach or failure by the other party.
7.10 Indemnification
(a) Subject to the limitations in Section 7.11, DBI will be liable to and will defend, indemnify and hold harmless Employer and its
respective officers, directors, employees, agents, representatives, successors, and permitted assigns from and against any and all
Charges, liability, damages, costs, losses, and expenses (including attorney fees), disbursements, and court costs reasonably
incurred by Employer in connection with any threatened, pending or adjudicated claim, demand, action, suit or proceeding by
any third party to the extent solely and directly caused by DBI’s willful misconduct, criminal conduct, material breach of the
Agreement or violation of the HIPAA privacy or security rules related to or arising out of the services performed by DBI under this
Agreement.
(b) To the extent permitted by law and except as provided in (a) above, and in addition to Sections 2.14, 2.20, and 2.25, Employer
will be liable to and will defend, indemnify and hold harmless DBI and its respective officers, directors, employees, agents,
representatives, successors, and permitted assigns from and against any and all Charges, liability, damages, costs, losses, and
expenses (including attorney fees), disbursements, and court costs reasonably incurred by DBI in connection with any
threatened, pending or adjudicated claim, demand, action, suit or proceeding by any third party to the extent solely and directly
caused by Employer’s willful misconduct, criminal conduct, material breach of the Agreement or violation of the HIPAA privacy or
security rules related to or arising out of the services performed by DBI under this Agreement.
If Employer is a state agency or otherwise subject to a public entity/political subunit non-indemnification type statute or state
constitutional limitation and therefore unable to indemnify under this subsection, DBI shall not be responsible for any injury or
damage that occurs as a result of any negligent act or omission committed by Employer, including its agents, employees or
assigns.
(c) For purposes of this indemnification provision, "Charges" means: (i) excise taxes imposed under Code Section 4980B (26 USC §
4980B), subject to the provisions of the aggregate limitations set forth in Code Section 4980B and the right of the assessed party
to challenge the Internal Revenue Service with respect to all or part of the imposition of such excise taxes; and/or (ii) penalties
(in an amount up to $110 per day) that are imposed by a court under Section 502(c)(1) of ERISA (29 USC § 1132) and that are
paid. Charges shall not include the payment of the claims for benefits under the terms of the Plan.
(d) Notwithstanding anything in this Section 7.10 to the contrary, neither party shall be entitled to indemnification under this Section
in circumstances where the Charges sought hereunder result from: (i) the indemnifying party (the “Indemnitor”) following the
written instruction of the party seeking indemnification (the “Indemnitee”); (ii) reasonable reliance by the Indemnitor on
information furnished by the Indemnitee; or (iii) the actions or inactions of the Indemnitor in circumstances where the
Indemnitor requested, but did not receive, information or guidance from the Indemnitee, which information or guidance the
Indemnitee is obligated to provide under the Agreement or which is within the sole control of the Indemnitee under the Plan.
(e) The party seeking indemnification under (a) or (b) above must notify the indemnifying party within ten (10) business days in
writing of any actual action, suit or proceeding (and within a reasonable period of time with respect to any or threatened action,
suit or proceeding) to which it claims such indemnification applies. Failure to so notify the indemnifying party shall not be
deemed a waiver of the right to seek indemnification, except to the extent the actions of the indemnifying party have been
prejudiced by the failure of the other party to provide notice within the required time period.
(f) In addition to the foregoing, in the event of a legal, administrative or other action arising out of the administration, processing or
determination of a claim for Plan benefits which is filed or asserted against DBI (“Claim Litigation”), DBI may, at its election,
select and retain its own counsel to protect its interest. DBI shall be responsible for payment of all legal fees and expenses
reasonably incurred by it in defense of Claim Litigation unless the Claim Litigation is attributable to Employer’s actions or
inactions in which case Employer shall be responsible for payment of DBI’s legal fees and expenses. DBI and Employer shall
cooperate fully with each other in the defense of Claim Litigation. DBI shall consult with Employer before settling Claim
Litigation, but DBI shall have the sole discretion to resolve Claim Litigation. Nothing in this subsection (f) shall prevent DBI
and/or Employer from pursuing any rights that such party has under this Section.
7.11 Limitations of Liability
In no event shall either party be liable to the other for consequential, special, exemplary, punitive, indirect or incidental damages,
including, but not limited to, any damages resulting from loss of use or loss of profits arising out of or in connection with this
Agreement, whether in an action based on contract, tort (including negligence) or any other legal theory whether existing as of the
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Effective Date or subsequently developed, even if the party has been advised of the possibility of such damages. In the event the
foregoing is found to be invalid, in no event will DBI's liability for such damages exceed the fees paid by Employer for the services in
the twelve-month period in which the cause of action occurred. In addition, notwithstanding any other provision in this Agreement to
the contrary, the maximum total liability of DBI to Employer shall be limited to direct money damages in an amount not to exceed the
dollar amount that is available to cover such liability under the insurance policy or policies provided for in Section 7.12. This is
Employer’s sole and exclusive remedy. No action under this Agreement may be brought by either party more than two (2) years after
the cause of action has accrued.
DBI and Employer expressly agree that the limitations of liability in this Section 7.11 represent an agreed allocation of the risks of this
Agreement between the parties. This allocation is reflected in the pricing offered by DBI to Employer and is an essential element of
the basis of the bargain between the parties.
7.12 Insurance
During the term of this Agreement, DBI shall maintain general liability insurance and professional/cyber liability insurance with policy
limits of not less than $5,000,000 per occurrence and in the aggregate for the purpose of providing coverage for claims arising out of
the performance of its services under this Agreement. Upon request, DBI shall provide Employer with a certificate or certificates of
insurance reflecting such insurance coverages. DBI shall maintain a fidelity bond (or an insurance policy similar to a fidelity bond) for
DBI and any of its employees who may collect, disburse or otherwise handle or have possession of any funds provided by Employer
or COBRA Continuant.
7.13 Mediation and Arbitration of Disputes
Excluding equitable relief and all matters pertaining to the collection of amounts due to DBI arising out of the services provided, the
parties agree that as a precursor to any litigation, any dispute arising out of or related to this Agreement may be submitted to a
mutually agreed upon American Arbitration Association (“AAA”) mediator for non-binding confidential mediation in a location mutually
agreeable between the parties.
7.14 Waiver of Jury Trial
INTENTIONALLY OMITTED.
7.15 Notice
Any notice required or permitted to be given under this Agreement shall be deemed delivered to the address set forth in this
Agreement or such other physical or electronic address as specified by the party: (a) when received if delivered by hand; (b) the next
business day if placed with a reputable express carrier for delivery during the morning of the following business day; (c) three (3)
days after deposit in the U.S. mail for delivery, postage prepaid; or when received if delivered electronically. DBI: 4321 20th Avenue
South, Fargo, ND 58103, Attention: Chief Compliance Officer.
7.16 Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all
prior or contemporaneous agreements and understandings regarding the subject matter hereof, whether written or verbal. Any
amendment to this Agreement must be in writing and consented to by authorized representatives of both parties. The provisions of
this Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their heirs, permitted assigns, and
successors in interest. Nothing express or implied in this Agreement is intended to confer, and nothing herein shall confer upon any
person other than the parties hereto, any rights, remedies, obligations or liabilities whatsoever.
7.17 Counterparts
Any number of counterparts of this Agreement may be signed and delivered with digital signatures and transmitted electronically,
each of which shall be considered an original and all of which, together, shall constitute one and the same instrument.
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REIMBURSEMENT ACCOUNT ADMINISTRATIVE SERVICES AGREEMENT
RECITALS
Employer has adopted an Internal Revenue Code Section 125 (26 USC § 125) Cafeteria Plan (the “125 Plan”) for its eligible employees.
Included in the 125 Plan is one or more of the following plans or arrangements: a health flexible spending arrangement (“Health FSA”); a
dependent care flexible spending arrangement (“Dependent Care FSA”) (a health FSA and a Dependent Care FSA are referred to collectively as
an “FSA”); and/or a limited purpose health flexible spending arrangement (“Limited Health FSA”).
Employer may have also adopted one or more of the following for its eligible employees: a health reimbursement arrangement (“HRA”)
Internal Revenue Code Section 105 (26 USC § 105); a limited purpose health reimbursement arrangement (“Limited HRA”) Internal Revenue
Code Section 105 (26 USC § 105); and/or a transportation fringe benefit plan spending account (“TSA” or “Commuter”) qualified under
Internal Revenue Code Section 132(f) (26 USC § 132(f)).
Individually and collectively, as the context may require, the foregoing shall be referred to as the “Plan.”
Employer desires DBI to assist in its administration of the Plan and DBI desires to assist Employer in the administration of the Plan.
DBI and Employer agree that DBI shall assist in the administration of the Plan on the terms and conditions set forth in this Agreement,
including, without limitation that:
• Employer has established the Plan for the exclusive benefit of its employees.
• Employer is the administrator of the Plan.
• Employer remains the administrator of the Plan and responsible for the operation and maintenance of the Plan, including the
establishment of eligibility and benefits and funding payment of benefits owed to participants under the Plan.
• DBI is an independent contractor in relation to Employer and to the Plan and acts as an agent on behalf of Employer in rendering
services for Employer pursuant to this Agreement.
• DBI is to provide the agreed upon services without assuming any liability for the performance of any services beyond those set forth
below.
NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties agree as follows:
ARTICLE 1 – DBI ADMINISTRATIVE SERVICES
1.1 Plan Administration Assistance
DBI shall assist Employer in the administration of the Plan as provided in this Agreement. DBI’s duties with respect to the Plan are limited to
those expressly provided for in this Agreement. The benefit plan or plans covered for services under this Agreement are limited to plans
selected by Employer via the DBI portal or design guide. If a plan is not selected, the plan is not covered for services under this Agreement
and DBI shall have no responsibility or duty with respect to such non-selected plan.
1.2 Plan Documents Assistance
(a) Upon request, DBI will assist Employer in the establishment and operation of its health plan by providing, for review by
Employer, DBI’s standard documents, including a plan document, a summary plan description, and other standard documents relating to the
administration of a health plan.
(b) Employer is under no obligation to use the standard documents from DBI in establishing and maintaining its health plan.
(c) DBI’s standard plan document, summary plan description, and the other standard documents are based on the legal and
regulatory requirements then in effect and on DBI’s internal policies and procedures, which may change from time to time.
(d) It is Employer’s responsibility to determine whether DBI’s standard documents are legally compliant for Employer’s purposes,
are appropriately completed, are in compliance with the requirements of its health plan, and are appropriately and timely adopted by
Employer.
(e) Employer must provide DBI with an executed copy of its plan document.
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(f) When there is a change in applicable domestic law or regulation or when requested by Employer due to Employer changing
plan design, DBI will provide Employer with its standard plan amendments.
(g) It is Employer’s responsibility to determine whether DBI’s standard plan amendments or other revisions are legally compliant
for Employer’s purposes, are in compliance with the requirements of its health plan, are appropriately completed, and are appropriately and
timely adopted by Employer.
(h) Employer must provide DBI with an executed copy of its amended plan document.
(i) For the establishment of HRAs, Limited HRAs, and TSAs, DBI provides a prototype plan with an agreement, that once
adopted, becomes Employer’s HRA, Limited HRA or TSA plan document.
1.3 Recordkeeping
DBI shall assist Employer in the development and maintenance of administrative and recordkeeping systems for the Plan. DBI’s
recordkeeping services are listed in the Services and Recordkeeping Addendum.
1.4 Information for Employer Disclosure and Plan Reporting
DBI shall provide Employer with general information about disclosure and Plan reporting requirements that relate to the Plan and information
reasonably available to DBI that is necessary for Employer to prepare the annual Form 5500. DBI shall not be responsible for the accuracy of
any information provided by Employer nor shall DBI be responsible for determining the level of compliance required by the Plan. It is the sole
responsibility of Employer to assure compliance with all legal disclosure and Plan reporting requirements.
1.5 DBI Reporting to Employer
DBI shall provide the following reports to Employer:
• Employer Funding Report (daily or monthly – the frequency of this report is dependent on funding method selected)
• Payment History Report (on demand)
• Enrollment Report (monthly and on demand)
• Account Balance Detail Report (monthly and on demand)
• Payroll Deduction Report (frequency based on payroll frequency for auto-post groups)
• Statement of fees due to DBI (monthly invoice)
• Commuter Voucher Report (TSA only)
1.6 Forms
DBI shall provide Employer forms for use in administering the Plan. The forms are available at www.discoverybenefits.com. All forms and all
user guide information will be subject to periodic updates and revision. DBI shall also provide Employer instructions and forms for use in the
processing of benefit claims under the Plan.
1.7 Plan Payments
Using funds received from Employer, DBI shall pay the amounts due as a result of the operation of the Plan and in compliance with the
participant’s current Plan elections.
1.8 Claims Processing
(a) DBI shall process claims received from Employer or from Plan participants on a daily basis during regular business hours
(6:00 a.m. to 6:00 p.m. Central Time Zone, Monday through Friday excluding holidays).
(b) DBI shall arrange for the payment of approved reimbursement requests as provided in the Plan.
(c) DBI shall consider any initial claim for benefits made under the Plan provided the claim is submitted in accordance with the
Plan, the summary plan description, and any reasonable rules established by DBI and communicated to Employer and participants.
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(d) DBI will accept or deny (in whole or in part) an initial claim for benefits after making such investigation as it deems
necessary.
(e) To the extent DBI determines that a participant is entitled to the claimed benefits under the Plan, DBI will arrange for the
proper payment from the Plan using the funds provided by Employer.
(f) To the extent DBI determines that a participant is not entitled to claimed benefits under the Plan, DBI shall provide to such
participant a written notification of its decision as soon as administratively practicable after the claim was received by DBI, but no later than
within the time required per Section 503 of ERISA (29 USC § 1133) and 29 CFR § 2590.715-2719 as applicable.
(g) Said notification shall comply with the requirements set out in Section 503 of ERISA (29 USC § 1133) and 29 CFR §
2590.715-2719 as applicable.
(h) DBI shall be responsible for making the decision to accept or deny (in whole or in part) all appeals of denied benefit claims
consistent with Section 503 of ERISA (29 USC § 1133) and 29 CFR § 2590.715-2719.
(i) DBI shall be responsible for notifying the participant of its decision regarding an appeal consistent with Section 503 of ERISA
(29 USC § 1133) and 29 CFR § 2590.715-2719.
(j) In making decisions regarding claims for benefits and appeals of denied benefit claims, DBI shall have discretionary authority
to construe and interpret the terms of the Plan and to determine whether a benefit claim is properly payable under the Plan.
(k) Notwithstanding anything herein to the contrary, Employer shall be responsible for all eligibility claims, eligibility appeals, and
eligibility determinations.
(l) To the extent that DBI provides written non-English assistance to a participant during the course of claims processing as
required by Section 503 of ERISA (29 USC § 1133) and 29 CFR § 2590.715-2719, Employer shall reimburse DBI for the related fees and
expenses, if any.
1.9 Claim Fiduciary
DBI has a fiduciary duty under the Plan only to the extent described in Section 1.8. All remaining fiduciary duties under the Plan are the
responsibility of Employer.
1.10 Employer Funds and Custodial Account
Funds received by DBI from Employer for the payment of Plan benefits shall be held in the Custodial Account pursuant to Article 3.
1.11 Unused Amounts and Unclaimed Amounts
Except for those amounts that are subject to any Health FSA carryover elected by the Plan in accordance with IRS Notice 2013-71 (as such
guidance may be modified or updated), all amounts that remain unused in an FSA or a TSA after the end of the period specified by the Plan
during which a participant can make a claim plus any periods for appeal or claim dispute shall be forfeited by the participant and returned to
Employer less any undisputed fees and expenses that are due and owing to DBI under this Agreement. The direct terms of an applicable plan
may alter the forfeiture provisions of this Section 1.11 only with respect to a Plan participant.
Any amounts unclaimed by participants, including any unclaimed reimbursement checks (or other methods of payment) that have been issued
but remain unendorsed or uncashed and unpaid after the end of the plan year’s run-out period elected by the Plan, shall be returned to
Employer less any undisputed fees and expenses that are due and owing to DBI under this Agreement. Employer shall be responsible to report
unclaimed amounts in accordance with the Plan and applicable state law.
1.12 Retention and Release of Plan Data, Records, and Files
(a) DBI shall retain a copy of all information (as information is defined in Section 2.14, excluding emails or similar electronic
communications destroyed in the ordinary course of business pursuant to DBI policy) for eight (8) years from the date created at DBI,
including, without limitation, a record of all assets and transactions involving the Custodial Account (defined in Article 3).
(b) Following the termination of this Agreement, DBI shall cooperate with Employer or Employer’s subsequent service provider
to effect an orderly transition of services provided under this Agreement and, within a reasonable time, will release to Employer a copy of all
data, records, and files in DBI’s standard format.
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(c) Upon termination of this Agreement, DBI is entitled to retain a copy of all information including the data, records, and files
released by DBI pursuant to Section 1.12(b) and to use and disclose such information for claims, audits, and legal and contractual compliance
purposes to the extent permitted by law.
1.13 Notice of Litigation
DBI shall notify Employer promptly of any summons, complaint or other communication concerning threatened litigation and any inquiry by
any governmental agency that is related to the Plan unless such notification would be a violation of applicable law.
1.14 Confidentiality of Plan Information
DBI shall keep confidential all information that it obtains concerning the Plan. Other than in due course of business, such information shall not
be disclosed without prior approval of Employer or as otherwise provided in Article 4. Employer may request that DBI share Plan information
and other data with another vendor of the Plan or Employer. DBI shall consider all reasonable requests, however, prior to releasing or sharing
any Plan information or other data with another vendor, Employer must enter into a confidentiality and data sharing agreement with the
vendor and make a copy of such agreement available to DBI upon request.
1.15 Disclaimer
DBI does not insure or underwrite Employer’s liability to provide benefits under the Plan. DBI shall not be liable or obligated to use its funds
for payment of benefits under the Plan, including, without limitation, where such payment of benefits is sought as damages in an action
against Employer, DBI or the Plan. Employer shall promptly reimburse DBI for any benefit payments made using DBI funds.
1.16 Audit
(a) During the term of this Agreement, and at any time within six (6) months following its termination, Employer (or a mutually
agreeable third party auditor) may audit DBI to determine whether DBI is fulfilling its obligations under this Agreement with respect to
processing claims for benefits. The audit shall be limited to such processing claims for benefits information relating to the calendar year in
which the audit begins and /or the immediately preceding calendar year. DBI will provide timely inquiry and feedback regarding the sample
size and sampling methodology as it relates to the objective of the audit. The audit must be completed within six (6) months following the
date the audit begins. The place, time, type, duration, and frequency of any audit must be reasonable and mutually agreeable. Employer
shall pay or cause to be paid any expenses that it incurs in connection with the audit, including DBI’s then current internal billing rate for audit
related tasks.
(b) Any audit will be subject to these additional requirements:
(i) Employer must provide DBI with a sixty (60) day advance written notice of its intent to audit.
(ii) Employer must utilize individuals to conduct the audit who are qualified by appropriate training and experience for
such work; who will perform their review in accordance with published administrative safeguards and procedures against
unauthorized use or disclosure (in the audit report or otherwise) of any individually identifiable information (including health care
information) contained in the information audited; and who will not make or retain any record of payment identifying information
concerning treatment of drug or alcohol abuse, mental/nervous disorders, HIV/AIDS or genetic markers in connection with the audit
(“Auditor”).
(iii) At least thirty (30) days in advance of the commencement of the audit, Employer must provide DBI with a complete
and accurate list of the transactions to be selected for audit, along with the specific service for which each transaction or item is being
tested. The sample must be based on a statistically valid random sampling methodology (e.g., systematic random sampling, simple
random sampling, or stratified random sampling).
(iv) The Auditor must provide its draft findings to DBI before a final audit report is presented to Employer. The draft
findings will be the basis for discussion between the Auditor and DBI to resolve any disagreement and to summarize the audit
findings.
(v) The Auditor must provide its final audit report to DBI before delivery to Employer and allow DBI to include with the
final audit report a supplementary statement containing facts that DBI considers pertinent to the audit.
(vi) The Auditor must provide DBI with a complete copy of the final audit report that is delivered to Employer.
(vii) The audit will be subject to proprietary and confidentiality protections. Before the audit commences, Employer and
any third party auditor shall execute a non-disclosure and confidentiality agreement, the scope of which shall be reasonable and shall
be determined by DBI.
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1.17 Red Flags Rule
For the purposes of this Section 1.17, “Red Flags Rule” means regulation adopted by various federal agencies, including the Federal Trade
Commission, in connection with the detection, prevention, and mitigation of identity theft and located at Federal Register Volume 72, Issue
217 (November 9, 2007), as amended.
For the purposes of this Section 1.17, “Covered Services” means the services provided by DBI with respect to the plans selected by Employer
and as described in the Debit Card Services Addendum that allow Plan participants to pay for eligible expenses under the Plan with a debit
card or other stored-value card and any other services provided by DBI pursuant to this Agreement that fall under the protections of the Red
Flags Rule as determined by DBI in its sole discretion.
To the extent applicable, DBI shall comply with the Red Flags Rule with respect to Covered Services.
As part of its Red Flags Rule compliance, DBI shall adopt, maintain, and use appropriate and commercially reasonable rules, procedures, and
safeguards to detect and identify red flags and to prevent and mitigate identify theft as required by the Red Flags Rule. Such rules,
procedures, and safeguards are set forth in a written program (the “Red Flags Program”). DBI shall, upon request, make available to
Employer a copy of its Red Flags Program.
The parties agree that if a breach of unsecured protected health information (as defined in the business associate agreement between the
parties) occurs and a violation of the Red Flags Rule occurs with respect to the same incident, both the Red Flags Rule and the provisions of
the business associate agreement between the parties shall apply, except that the notice requirements of the business associate agreement
between the parties shall satisfy any notice obligations under the Red Flags Rule and this Section 1.17.
1.18 Information Security Program
DBI represents and warrants that it has implemented and maintains a written and comprehensive information security program, and complies
with all applicable domestic law and regulation, including, without limitation, state privacy and data security law and regulation such as the
Massachusetts Standards for the Protection of Personal Information of Residents of the Commonwealth (201 CMR 17.00).
1.19 Subcontractors
DBI may subcontract or delegate to a third party (“subcontractor”) any portion of DBI services. For those DBI services that are subcontracted
or delegated: (a) DBI shall ensure subcontractor compliance with all applicable provisions of this Agreement; and (b) DBI shall require the
subcontractor not to use subcontractors located outside the United States. Should DBI use any other person or entity to perform any of DBI
services as a subcontractor of DBI, DBI shall remain responsible to Employer for the performance of the DBI services under the terms and
conditions of this Agreement. For purposes of clarity, any transit authority associated with a TSA shall not be considered a subcontractor of
DBI.
1.20 Overpayment Recovery
If DBI determines that it has paid benefits to an ineligible person or paid more than the appropriate amount, DBI shall, with Employer’s full
cooperation, undertake a good faith effort to recover such erroneous payment. For purposes of this provision, DBI shall have the sole
discretion to determine what constitutes a “good faith effort,” which effort may vary from time to time depending upon the circumstances of
the overpayment, but may include DBI’s attempt to contact the participant twice via letter, phone, email or another means about the recovery
of the payment at issue.
1.21 Total Authority
Except as otherwise expressly provided in this Agreement, Employer has total control and discretionary authority over the Plan and the manner
in which the Plan is operated. DBI serves as Employer’s agent only for the processing of qualifying expense/reimbursement requests as
provided under this Agreement.
1.22 External Review
To the extent that the external review requirements set forth in 29 CFR § 2590.715-2719 apply to the Plan, DBI shall serve as a conduit for
external review requests. Meaning, DBI will send appropriate information to, and cooperate fully with, the external review organization
conducting the review. Any cost, fee or expense related to the review or request for review shall be paid by Employer. If DBI pays any such
cost, fee or expense on behalf of Employer, Employer shall reimburse DBI promptly upon request.
1.23 Non-Discriminatory Plans – 125 Plans, FSA and HRA Non-Discrimination Testing
Employer may subscribe to DBI’s non-discrimination testing portal per the Discovery Teststm Subscription Addendum.
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1.24 Direct Load Payments for TSA
Using Plan funds, and based on instructions received from the participant, DBI shall pay employer-provided transportation benefits through
electronic media by transmitting funds to a participant’s smartcard or account with the transit authority. Only pre-tax participant contributions
are eligible for use with the transit authority smartcard. A transactional processing fee could be incurred.
ARTICLE 2 – EMPLOYER RESPONSIBILITIES
2.26 Compliance with Laws
Plan Compliance. Although DBI serves as Employer’s agent for services rendered pursuant to this Agreement, Employer remains responsible
for all Plan activities, including compliance with the Patient Protection and Affordable Care Act of 2010 (the “PPACA”), the Employee
Retirement Income Security Act of 1974 (“ERISA”), the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the Internal
Revenue Code (the “Code”), and any other law or regulation, domestic or foreign, as applicable.
Employer Compliance. To the extent permitted by law, Employer agrees to hold DBI harmless from and against any and all liability, damages,
costs, losses and expenses (including attorney fees) that result from the failure or alleged failure of Employer, its officers and employees, and
any other entity related to or performing services on behalf of Employer (other than DBI) to comply with PPACA, ERISA, HIPAA, the Code, and
any other law or regulation, domestic or foreign, as applicable, or the provisions of this Agreement.
Medicare Secondary Payer. To the extent permitted by law, Employer agrees to hold DBI harmless from and against any and all liability,
damages, costs, losses and expenses (including attorney fees) that result from the failure or alleged failure of Employer, its officers and
employees, and any other entity related to or performing services on behalf of Employer (other than DBI) to provide DBI with the required
information for proper and timely reporting under the Medicare Secondary Payer (“MSP”) for Employer’s HRA participants where DBI acts as
Responsible Reporting Entity (“RRE”) for any HRA offered by Employer.
Prior Activity or Occurrence. Employer expressly releases all claims against DBI in connection with any claim or cause of action based on any
activity or occurrence prior to the Effective Date that results from the failure or alleged failure of Employer, its officers and employees, and any
other entity related to or performing services on behalf of Employer to comply with PPACA, ERISA, HIPAA, the Code, and any other law or
regulation, domestic or foreign, as applicable.
2.2 Plan Documents
Employer is responsible for the final content of all Plan materials and documents. It is Employer’s responsibility to ensure that the Plan
documents and any amendments to the Plan documents are legally compliant for Employer’s purposes, appropriately completed, in compliance
with the requirements of the Plan, and appropriately and timely adopted by Employer. Employer shall file with the appropriate governmental
agencies all required returns, reports, documents, and other papers relating to the Plan. Employer shall distribute to its employees
participating in the Plan all materials and documents as may be necessary or convenient for the operation of the Plan and to satisfy the
requirements of applicable law.
2.3 Summary Plan Description
Employer shall distribute to its employees participating in the Plan a copy of the summary plan description and/or the summary of benefits and
coverage.
2.4 Plan Amendments
Employer shall provide DBI with a copy of any contemplated amendment to the Plan no less than thirty (30) days prior to the anticipated
amendment effective date (or less than thirty (30) days in the unlikely event in which an amendment is required by law within less than thirty
(30) days of the effective date of the amendment). Under no circumstances may Employer adopt an amendment that would alter DBI’s
services or obligations under the Agreement without prior written consent of DBI. DBI has no obligation to provide any Plan amendments to
Employer other than described in Section 1.2.
2.5 Eligibility and Enrollment
Employer shall provide DBI a record of all employees who are eligible to participate in the Plan and notify DBI of any changes on a monthly
basis. Employer shall also provide DBI with the demographic and related information that DBI may need to perform its services under this
Agreement. Employer shall be solely responsible for determining which of its employees are eligible to participate in the respective plan and to
collect the required information from those employees and to inform DBI of such eligible employees. Employer shall be responsible to collect
and to provide to DBI, in an electronic format, all reasonably required information to ensure compliance with the MSP rules and regulations
where DBI acts as RRE for an HRA offered by Employer.
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2.6 Employer Assistance
Employer shall assist in the enrollment of the employees in the Plan, cooperate with DBI regarding the proper settlement of claims, and
transmit any inquiries pertaining to the Plan to DBI. Late notification of Plan eligibility or incorrect plan eligibility provided by Employer to DBI
may result in erroneous plan benefit payments, for which Employer shall be solely responsible. Employer shall also be responsible for
collecting any such erroneous payments from the employee. If there are insufficient Employer funds available to restore the erroneous
payments or if the requested reimbursement of funds would otherwise cause the Minimum Account Balance deposit (if applicable) to become
insufficient, DBI may suspend all services under this Agreement and request immediate restoration of funds from Employer.
2.7 Funds
Employer shall deposit funds in the Custodial Account to be used to pay benefits and expenses under the Plan as agreed to herein and in
accordance with the Plan documents. Funds deposited in the Custodial Account shall consist solely of general assets of Employer. Participant
contributions, if any, made by employees to the Plan through salary reduction or otherwise, shall be used to reimburse Employer for the funds
advanced by Employer to pay benefits under the Plan. Employer has the sole responsibility and liability for the funding of all benefits under
the Plan.
2.8 Claims Based Funding Method
If Employer selects the claims based funding method to pay claims, Employer gives DBI approval to withdraw applicable amounts from
Employer’s designated United States bank account to deposit in the Custodial Account from which disbursements can be made on Employer’s
behalf for payment of qualifying expenses, which are otherwise specified by Employer in its Plan document or as provided for under the Code.
Disbursements cannot be made until the amounts are credited to the Custodial Account.
2.9 Deduction/Contribution Based Funding Method
If Employer selects the deduction/contribution based funding method to pay claims, Employer establishes a pre-determined initial deposit
amount that will adequately fund the reasonable needs of the Plan to be deposited into the Custodial Account (the “Minimum Account
Balance”). If the deposited amount falls below the Minimum Account Balance, Employer will be notified of the deficiency and will be required
to provide additional funds until such time the Minimum Account Balance can be restored. DBI may suspend all services under this Agreement
until Employer restores the Minimum Account Balance.
2.10 Debit Card Payments
All participants in a Health FSA, Dependent Care FSA, TSA or a comprehensive HRA shall automatically receive one or more debit cards or
similar electronic payment technology, for which the terms of the Debit Card Services Addendum shall control.
2.11 Ownership of Account Assets
All funds from Employer deposited in the Custodial Account remain Employer’s general assets. DBI shall be responsible for administering the
funds in accordance with the terms of this Agreement. Funds are disbursed from the Custodial Account by DBI or any of its designees only for
an allowable Plan expense as determined by Employer or a representative of Employer (including DBI) or as otherwise required by a court of
competent jurisdiction.
2.12 Employer, Employee, and Plan Participant Fraud
Employer is solely responsible for making the Plan whole if fraud is committed against the Plan by its employees, Plan participants or anyone
(other than DBI). DBI will assist in pursuing or remedying such fraud using its standard procedures.
2.13 Plan Fiduciary
(a) Except as provided in Section 1.9, Employer agrees that DBI is not a named fiduciary, or a plan fiduciary under the Plan as
such terms are described under ERISA. DBI is not the plan administrator and shall have no power or authority to waive, alter, breach or
modify any terms and conditions of the Plan. DBI shall make payments or distributions from the Custodial Account in accordance with the
framework of policies, interpretations, rules, practices, and procedures set forth in the Plan, this Agreement, and as otherwise agreed upon or
directed by Employer.
(b) Except as provided in Section 1.9, DBI shall neither have nor shall be deemed to exercise any discretion, control or authority
with respect to the disposition of Employer funds. Employer agrees that the use of or offset or recoupment of funds in the Custodial Account
to pay undisputed fees or other undisputed amounts due to DBI pursuant to this Agreement constitutes an Employer action that is authorized
by Employer under this Agreement and agrees that such actions are not discretionary acts of DBI and do not create a fiduciary status for DBI.
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(c) DBI agrees that it will perform services on the Plan’s behalf as set forth in this Agreement, including any addenda to this
Agreement. However, DBI will not undertake any duties or responsibilities, regardless of whether they are set forth in the Plan, if such actions
are in violation of any applicable domestic law or regulation.
2.14 Employer Information and Instructions
(a) DBI shall be fully protected in relying upon representations and communications made by or on behalf of Employer in
effecting its obligations under this Agreement.
(b) DBI is entitled to rely on the most current information in its possession when providing services under this Agreement.
(c) DBI shall provide the services in accordance with this Agreement based on information that is provided to DBI by Employer.
(d) For this purpose, the term “information” means all data, records, and other information supplied to DBI, obtained by DBI or
produced by DBI (based on data, records or other information supplied to, or obtained by, DBI) in connection with performing the services
pursuant to this Agreement, regardless of the form of the information or the manner in which the information is provided to DBI.
(e) In engaging DBI to perform the services under this Agreement, Employer has authorized and instructed DBI to implement
DBI’s standard administrative forms and procedures.
(f) DBI is not responsible for any acts or omissions it makes in reliance upon: (i) the direction or consent of Employer; or (ii)
inaccurate, misleading or incomplete information received by DBI from anyone other than DBI, its agents or subcontractors.
(g) Employer and DBI agree that if Employer instructs DBI with a specific written request (in a format acceptable to DBI) to
provide services in a manner other than in accordance with DBI’s standard forms and procedures, DBI may (but need not) comply with such
an instruction. This would include any Employer instruction to add a vendor link to the consumer portal. To the extent that DBI complies with
such an instruction, Employer and not DBI shall be solely responsible for DBI’s action so taken, and Employer agrees to hold DBI harmless
from and against any and all liability, damages, costs, losses and expenses (including attorney fees) and expressly releases all claims against
DBI in connection with any claim or cause of action that results from or in connection with DBI complying with Employer’s specific written
instruction to provide services in a manner other than in accordance with DBI’s standard procedures.
(h) Employer is responsible for the integrity of data in the files. Therefore, complete and accurate information from Employer or
a vendor on behalf of Employer is required in order for DBI to perform the services set forth herein.
(i) DBI’s system is unable to mask the employee identification number (“Employee ID”) field, including in reports and the online
portal. Therefore, if Employer uses the social security number (“SSN”) as the Employee ID and requires that DBI set up its systems to use the
SSN in the Employee ID field, Employer agrees to hold DBI harmless from and against any and all liability, damages, costs, losses, and
expenses (including attorney fees) and expressly releases all claims against DBI in connection with any claim or cause of action that results
from or in connection with the use of the SSN as the Employee ID.
2.15 Employer’s Electronic Account
If Employer chooses to access the services provided by DBI via an online account or other electronic means (“Employer’s Electronic Account”),
Employer is solely responsible for:
(a) Designating who is authorized to have access to Employer’s Electronic Account;
(b) Safeguarding all of Employer’s passwords, usernames, logins or other security features used to access Employer’s Electronic
Account (“Electronic Account Access”);
(c) Employer’s use of Employer’s Electronic Account under any usernames, logins or passwords;
(d) Ensuring that use of Employer’s Electronic Account complies fully with the provisions of this Agreement; and
(e) Any unauthorized access or use of Employer’s Electronic Account caused by Employer’s actions or inactions, including,
without limitation, its failure to safeguard the Employer’s Electronic Account or Electronic Account Access.
Employer is solely responsible for the maintenance and routine review of its computing and electronic system usage records (i.e., log files) and
the security of its own data, data storage, computing devices, other electronic systems, and network connectivity.
Employer acknowledges and agrees that DBI has no control over and is not liable to Employer, Employer’s employees or any other
third-party for any consequences, losses or damages resulting from unauthorized access or use of the Employer’s Electronic Account as set
forth in this Section 2.15.
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2.16 Plan Tax Obligations
The Plan and/or Employer on behalf of the Plan is responsible for any state, federal or foreign tax, fee, assessment, surcharge and/or penalty
imposed, assessed or levied against or with respect to the Plan and/or DBI relating to the Plan or the services provided by DBI pursuant to this
Agreement, including those imposed pursuant to PPACA. This includes the funding, remittance, and determination of the amount due for
PPACA required taxes and fees. In the event that DBI is required to pay any such tax, fee, assessment, surcharge and/or penalty on behalf of
Employer, DBI shall report the payment to Employer along with documentation of the payment and Employer shall promptly reimburse DBI for
the full amount or for Employer’s proportionate share of such amount, except as provided in Section 7.10. This reimbursement would be in
addition to the fees described in Section 6.1. Employer is at all times responsible for the tax consequences of the establishment and operation
of the Plan. Further, the parties agree that DBI does not provide any legal tax or accounting advice to the Plan and/or Employer. DBI is at all
times responsible for all the taxes based upon its net income and its property ownership.
2.17 Health Plan Identifier
Employer acknowledges and agrees that DBI does not, and shall not, have any responsibility for obtaining one or more health plan identifiers
(“HPID”) for the Plan from the Enumeration System identified in 45 CFR § 162.508 or for updating the Enumeration System with respect to the
HPID.
2.18 Acknowledgment
Employer acknowledges and agrees that the services provided by DBI pursuant to this Agreement relate to enrollment and disenrollment in the
Plan and that these services to the extent permitted under HIPAA shall be deemed to be performed by DBI on behalf of Employer in its
capacity as the sponsor of the Plan.
Employer further acknowledges and agrees that DBI may use or disclose enrollment or disenrollment information that it receives from
Employer with respect to a particular participant to provide the participant access to additional services at no cost to Employer.
ARTICLE 3 – CUSTODIAL ACCOUNT
3.1 Appointment and Acceptance of Custodian
By signing this Agreement, Employer appoints DBI as custodian of Employer funds for the purposes and upon the terms and conditions set
forth in this Agreement, and DBI accepts such appointment and agrees to act as custodian hereunder and to hold any Employer funds received
hereunder in accordance with the terms and conditions set forth in this Agreement.
3.2 Custodial Account
DBI maintains one or more depository accounts (“Custodial Account”) at Bell Bank (“Bank”), Fargo, North Dakota and holds in such Custodial
Account all funds initially received from Employer plus any additional funds that may be received from Employer for Custodial Account from
time to time. For administrative convenience and to reduce costs, DBI shall hold funds received from Employer together with similar funds
from other employers in a single Custodial Account (or one or more Custodial Accounts as determined by DBI). DBI shall maintain records as
to the exact amount of funds attributable to each employer so that each employer has a legal right to the specific amount of its funds held in
the Custodial Account (less any applicable fees, costs or expenses as set forth in this Agreement). At all times, the assets comprising each
employer’s funds in the Custodial Account shall be considered a separate subaccount for purposes of this Agreement. Depending upon the
context, the term “Custodial Account” as used herein shall refer to either the separate subaccount for Employer or all of the subaccounts for all
employers in the aggregate.
3.3 Employer Funds
DBI and Employer intend and agree that all funds received from Employer for deposit in the Custodial Account shall be comprised of and shall
remain Employer’s general assets. In no event will funds received from Employer and deposited in the Custodial Account constitute or include
participant or employee contributions to employee benefit plans, whether made by salary reduction or otherwise, as those terms have their
general meaning under ERISA. Except to the extent that outstanding checks have been written or withdrawals have been made against the
Custodial Account balance on behalf of Employer, and subject to Section 6.3, all funds received from Employer and deposited in the Custodial
Account may be withdrawn by Employer at any time (less applicable fees, costs or expenses as set forth in this Agreement) and are subject to
the claims of Employer’s general creditors in the same manner as funds contributed to Employer’s ordinary checking accounts.
Notwithstanding the foregoing, this Agreement does not alter or eliminate any separate obligation of Employer to fund and maintain the
Minimum Account Balance in the Custodial Account as described in Section 2.9.
3.4 Disbursements
DBI shall make payments or distributions from the Custodial Account in accordance with the framework of policies, interpretations, rules,
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practices, and procedures established by DBI for this purpose and as set forth in the Plan or as otherwise agreed upon or directed by
Employer. DBI shall neither have nor shall be deemed to have any discretion, control or other authority with respect to the disposition of
Employer funds.
3.5 Interest Earned
Employer acknowledges and understands that from time to time, DBI may receive earnings and interest on the funds held in the Custodial
Account and that any such earnings or interest shall be part of DBI’s compensation. Employer acknowledges and understands that fees
otherwise charged by DBI for services under this Agreement would be greater if DBI did not retain such earnings and interest on these funds.
The period during which interest may be earned begins on the date Employer Funds are deposited into the Custodial Account and continues
for as long as Employer Funds remain in the Custodial Account. Funds shall be disbursed on a first-in, first-out basis.
3.6 Maintenance of Records
Upon Employer’s written request, DBI shall provide Employer with an accounting of all assets and transactions involving the Custodial Account
in relation to Employer, including a description of all receipts, payments or disbursements, and other transactions.
ARTICLE 4 – CONFIDENTIAL BUSINESS INFORMATION AND INTELLECTUAL PROPERTY
4.1 General Obligations
For purposes of this Article 4, “confidential business information” shall mean any information identified by either party as “confidential” and/or
“proprietary”, or which, under the circumstances, ought to be treated as confidential or proprietary, including non-public information related to
the disclosing party’s business, employees, service methods, software, documentation, financial information, prices, and product plans.
Neither DBI nor Employer shall disclose confidential business information of the other party. The receiving party shall use reasonable care to
protect the confidential business information and ensure it is maintained in confidence, and in no event use less than the same degree of care
as it employs to safeguard its own confidential business information of like kind. The foregoing obligation shall not apply to: (a) any
information that is at the time of disclosure, or thereafter becomes, part of the public domain through a source other than the receiving party;
(b) is subsequently learned from a third party that does not impose an obligation of confidentiality on the receiving party; (c) was known to
the receiving party at the time of disclosure; (d) was generated independently by the receiving party; or (e) is required to be disclosed by law,
subpoena or other process.
DBI may disclose Employer’s or the Plan’s confidential business information to a governmental agency or other third party to the extent
necessary for DBI to perform its obligations under this Agreement or if Employer has given DBI written authorization to do so.
Each party agrees that its obligations contained in this Article 4 apply also to its parent, subsidiary, and affiliated companies, if any, and to
similarly bind all successors, employees, agents, and representatives.
4.2 Financial Statements and Audit Information
If Employer requests access to certain financial statements and/or service organization control audit reports or other audit information of DBI
for the purpose of reviewing the financial, operating, and business condition of DBI, and DBI agrees to provide such information, Employer’s
acceptance of or access to such confidential information shall constitute its agreement with the following:
• Employer will maintain the information (whether communicated by means of oral, electronic or written disclosures) in confidence and
shall not use the same for its own benefit, or for any purpose other than the furtherance of its review, or disclose the same to any
third party.
• Employer may only disclose the information to its own officers, employees, and agents on a need-to-know basis for the purposes of
its review.
• If Employer is a state agency or otherwise subject to a freedom of information type statute, the information shall be treated as
confidential and exempt from disclosure in accordance with the applicable law and the information contains sensitive proprietary
business information and data defined as trade secret information that would not otherwise be publicly available and that disclosure
of this information to the public, including DBI’s competitors, would likely result in substantial harm to DBI’s competitive positions and
also contains confidential supervisory information and personal information relating to directors, officers, and major shareholders of
DBI, the disclosure of which would constitute an unwarranted invasion of personal privacy.
4.3 Intellectual Property
All materials, including, without limitation, documents, forms (including data collection forms provided by DBI), brochures, and online content
("Materials") furnished by DBI to Employer are licensed, not sold. Employer is granted a personal, non-transferable, and nonexclusive license
to use Materials solely for Employer’s own internal business use. Employer does not have the right to copy, distribute, reproduce, alter, display
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or use these Materials or any DBI trademarks for any other purpose other than its own internal business use. Employer shall use commercially
reasonable efforts to prevent and protect the content of Materials from unauthorized use. Employer’s license to use Materials ends on the
termination date of this Agreement.
Upon termination, Employer agrees to destroy Materials or, if requested by DBI, to return them to DBI, except to the extent Employer is
required by law to maintain copies of such Materials.
DBI retains exclusive ownership rights to and reserves the right to independently use its experience and know-how, including processes, ideas,
concepts, and techniques acquired prior to or developed in the course of performing services under this Agreement.
4.4 Subcontractors or Third Parties
Notwithstanding anything to the contrary, although DBI remains responsible for the confidentiality obligations as set forth in this Article 4, DBI
reserves the right to have this information processed, managed, and/or stored with subcontractors or third parties.
ARTICLE 5 – TERM AND TERMINATION OF THE AGREEMENT
5.1 The term of this Agreement shall commence as of the Effective Date and shall continue for a period of twelve (12) months (“Initial
Term”).
5.2 This Agreement shall automatically renew for another twelve (12) months at the end of the Initial Term and every twelve (12)
months thereafter unless terminated pursuant to this Article 5.
5.3 This Agreement may be terminated at any time during the Initial Term or any renewal term by Employer or by DBI without cause and
without liability with written notice of the intention to terminate to be effective as of a date certain set forth in the written notice not fewer
than sixty (60) days from the date of such notice.
5.4 Except as provided in Section 5.5, all obligations of DBI relating to payment of claims under the Plan will be terminated on the
effective date of termination given in the notice, regardless of when the claim for such benefit is incurred.
5.5 This Agreement shall automatically terminate:
(a) If any law is enacted or interpreted to prohibit the continuance of this Agreement, upon the effective date of such law or
interpretation;
(b) If any fee for any service provided by DBI to Employer remains unpaid to DBI beyond ten (10) days past the due date, upon
notification by DBI to Employer in writing that DBI intends to exercise its option to enforce this provision;
(c) If at any time Employer fails to provide funds for the payment of Plan benefits or fails to restore the Minimum Account
Balance, upon written notification by DBI; or
(d) If Employer fails to provide the required information in a timely manner to ensure compliance with the MSP reporting
required for HRAs.
5.6 If a party is in default under any provision of this Agreement, the other party may give written notice to the defaulting party of such
default. If the defaulting party has not used good faith efforts to cure such breach or default within thirty (30) days after it receives such
notice or if good faith efforts to cure have begun within thirty (30) days, but such cure is not completed within sixty (60) days after receipt of
the notice, the other party shall have the right by further written notice (“Termination Notice”) to terminate this Agreement as of any future
date designated in the Termination Notice.
5.7 If this Agreement is terminated under Sections 5.3 or 5.5, DBI will cease the performance of services. If, however, the parties agree
in writing that this Agreement shall continue while DBI performs services during a run-out period (and upon prepayment for such run-out
period if requested by DBI), DBI will continue to process qualifying expense reimbursements and to provide general Plan administration and
services with respect to any claims that are received by DBI on or before the run-off period end date. The terms of this Agreement will remain
in force and effect during any such run-out period.
5.8 Upon the completion of the termination of this Agreement, DBI will cease the processing of any claims that are received and
Employer shall be immediately responsible for all aspects of its Plan, including the processing of all claims, annual reporting, and general plan
administration. DBI shall promptly return to Employer any funds in the Custodial Account that have not been used for Plan benefit payments
along with any unpaid or other pending payment requests and/or subsequent claims that are received after the end date of any specified run-
out period. Such return shall remain subject to the completion of a final accounting of all account activities, as well as the deduction of any
undisputed unpaid fees and other expenses under this Agreement or any other agreement between the parties. As necessary, DBI shall have
the immediate right to demand and pursue collection of any unpaid fees, reimbursements or other amounts that are due and owing to DBI as
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of the date of termination under the terms of this Agreement or any other agreement between the parties.
5.9 Within sixty (60) days after the later of the termination of this Agreement or the specified run-out period, DBI shall prepare and
deliver to Employer a complete and final accounting and report of the financial status of the Plan as of the date of termination together with all
books and records in DBI’s possession and control pertaining to the administration of the Plan, all claims files, and all reports pertaining to the
Plan.
ARTICLE 6 – COST OF ADMINISTRATION
6.1 Plan Administrative Service Fees
(a) Employer shall pay DBI a fee for its services rendered pursuant to this Agreement in accordance with the fee schedule
attached hereto. Fees are invoiced monthly and are due within thirty (30) days of the invoice date. If Employer disputes any portion of the
fees invoiced in good faith, Employer shall provide DBI with written notice of any disputed fees together with a complete written explanation of
the reasons for the dispute (the “Dispute Notice”) within thirty (30) days of the invoice date. The parties shall work together in good faith to
reach a mutually agreeable resolution of the dispute identified in the Dispute Notice for a period of ten (10) days following the date of the
Dispute Notice. If the parties cannot reach such mutually agreeable resolution, the dispute shall be settled pursuant to the procedures set
forth in Section 7.13.
(b) Employer shall have thirty (30) days from the date of the invoice to correct a participant count for credit or refund.
(c) Notwithstanding the foregoing, DBI reserves the right to increase fees at any time based on postal rate or bank fee
increases or increased costs due to legislative or regulatory changes, domestic or foreign, actually incurred in performing its services. DBI
shall provide Employer with sixty (60) days reasonable prior written notice of such increases.
(d) DBI reserves the right to charge fees for the provision of additional services requested by Employer that were neither
included in nor contemplated by this Agreement on the Effective Date.
(e) On or after the Rate Expiration Date noted on the fee schedule, DBI reserves the right to amend the fee schedule with sixty
(60) days’ advance written notice. If Employer is unwilling to accept the changes to the fee schedule, Employer may terminate this Agreement
by providing notice to DBI no later than the effective date of the fee schedule amendment.
(f) Fees quoted assume that DBI standard software and systems will be compatible with Employer’s software and systems and
with any prior service provider’s software and systems so that the services can be readily performed without any modifications or alterations of
DBI’s software and systems. In the unusual event that costs are incurred by DBI to integrate the DBI Services with Employer’s software and
systems and/or in migrating the data from the prior service provider to DBI’s systems, those costs may be charged separately on a time and
materials basis or as otherwise provided under a separate agreement between the parties.
6.2 Non-Party Payment on Behalf of Employer and Compliance with Anti-Rebating Law
Employer represents and warrants that if someone other than Employer is making the payment of DBI’s fees on behalf of Employer the making
of such payment does not violate any applicable anti-rebating law. To the extent permitted by law, Employer agrees to hold DBI harmless and
not liable and release it from all liability whatsoever from any and all losses and expenses that may result from a breach of this Section 6.2.
6.3 Past Due Fees
Notwithstanding anything in this Agreement or any other agreement between the parties to the contrary, if Employer fails to pay DBI, any
amount (except for amounts subject to a good faith dispute) that is due as a result of the services provided by DBI to Employer under this
Agreement or any other Agreement between the parties, DBI shall be permitted to deduct (in accordance with Section 2.13(b)) the undisputed
amount from any funds held by DBI that were received from Employer. This right of offset shall be in addition to any other remedies that DBI
may have under this Agreement or any other agreement between the parties with respect to such non-payment, including, without limitation,
any right to terminate this Agreement or right to recoupment, regardless of whether the past due amount is paid in full as a result of the offset
or recoupment rights provided herein.
6.4 Participant Count
Employer represents and warrants the accuracy of the information provided by or on behalf of Employer to DBI regarding the participant
count.
The participant count for billing purposes is determined on the last business day of each month. Participants losing eligibility after the first
business day of the month are included in the count for that month’s billing.
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Employee means those employees eligible to participate in the Plan. For the purposes of this Section 6.4, “participants” are those individuals
who are eligible for account coverage based on the Employer’s plan document, including plan run-out periods, plan carryovers in accordance
with IRS Notice 2013-71 and Prop. Treas. Reg. §§ 1.125-1(o) and 1.125-5(c) and Plan grace periods in accordance with IRS Notice 2005-42,
2005-1 C.B. 1204, and Prop. Treas. Reg. § 1.125-1(e).
ARTICLE 7 – GENERAL
7.1 Assignment
This Agreement may not be assigned by either party without the prior written consent of the other unless in connection with a merger,
acquisition or sale of all or substantially all of the party’s assets and provided that the surviving entity has agreed to be bound by this
Agreement and has notified the other party in writing within thirty (30) days of the assignment.
7.2 Force Majeure
Notwithstanding anything herein to the contrary, neither party shall be liable or deemed to be in default under or in breach of this Agreement
for failure to perform or delay in the performance of any of their respective obligations under this Agreement to the extent that such failure or
delay results from any act of God, military operation, terrorist attack, widespread and prolonged loss of use of the Internet, national
emergency, government restrictions, or disruption of the financial markets. The affected party shall use all commercially reasonable efforts to
remedy any inability to perform under this Agreement.
7.3 Governing Law
This Agreement shall be governed and interpreted by the laws of the State of Idaho to the extent such laws are not inconsistent with or
preempted by ERISA, the Code or any other applicable federal law. In the event of any conflict of laws, the laws of the State of Idaho shall
prevail.
7.4 Number
Where the context of this Agreement requires, the singular shall include the plural and vice versa.
7.5 Relationship of the Parties
The parties agree that in performing their responsibilities under this Agreement, they are in the position of independent contractors. This
Agreement is not intended to create, nor does it create and shall not be construed to create, a relationship of partner or joint venture or any
association for profit between Employer and DBI.
7.6 Severability
If any provision of this Agreement is found to be unenforceable or invalid, such determination shall not affect any other provision, each of
which shall be construed and enforced as if such invalid or unenforceable provision were not contained herein, and the parties will negotiate a
mutually acceptable replacement provision consistent with the parties’ original intent.
7.7 Successor
In the event of DBI’s resignation or inability to serve, Employer may appoint a successor. In such situations, the replacement of DBI shall be
considered a termination of this Agreement and the termination provisions of Article 5 shall remain effective and controlling.
7.8 Survival
The provisions of Section 2.1, 2.14, Article 4, 5.6, 5.7, 5.8, 6.2, and Article 7 shall survive the termination of this Agreement.
7.9 Waiver
If either party fails to enforce any right or remedy under this Agreement, that failure is not a waiver of the right or remedy for any other
breach or failure by the other party.
7.10 Indemnification
(a) Subject to the limitations in Section 7.11, DBI will be liable to and will defend, indemnify, and hold harmless Employer and
its respective officers, directors, employees, agents, representatives, successors, and permitted assigns from and against any and all liability,
damages, costs, losses, and expenses (including attorney fees), disbursements, and court costs reasonably incurred by Employer in connection
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with any threatened, pending or adjudicated claim, demand, action, suit or proceeding by any third party to the extent solely and directly
caused by DBI’s willful misconduct, criminal conduct, material breach of this Agreement or violation of HIPAA privacy or security rules related
to or arising out of the services performed by DBI under this Agreement.
(b) To the extent permitted by law and except as provided in (a) above, and in addition to the provisions in Sections 2.1, 2.14,
and 6.2, Employer will be liable to and will defend, indemnify and hold harmless DBI and its respective officers, directors, employees, agents,
representatives, successors, and permitted assigns from and against any and all liability, damages, costs, losses, and expenses (including
attorney fees), disbursements, and court costs reasonably incurred by DBI in connection with any threatened, pending or adjudicated claim,
demand, action, suit or proceeding by any third party to the extent solely and directly caused by Employer’s willful misconduct, criminal
conduct, material breach of this Agreement or violation of HIPAA privacy or security rules related to or arising out of the services performed by
DBI under this Agreement.
If Employer is a state agency or otherwise subject to a public entity/political subunit non-indemnification type statute or state constitutional
limitation and therefore unable to indemnify under this subsection or Sections 2.1, 2.14, and 6.2, DBI shall not be responsible for any injury or
damage that occurs as a result of any negligent act or omission committed by Employer, including its agents, employees or assigns.
(c) The party seeking indemnification must notify in writing the indemnifying party within ten (10) business days of any
knowledge of any actual action, suit or proceeding (and within a reasonable period of time with respect to any threatened action, suit or
proceeding) to which it claims such indemnification applies. Failure to so notify the indemnifying party shall not be deemed a waiver of the
right to seek indemnification except to the extent the actions of the indemnifying party have been prejudiced by the failure of the other party
to provide notice within the required time period.
(d) In addition to the foregoing, in the event of a legal, administrative or other action arising out of the administration,
processing or determination of a claim for Plan benefits, which is filed or asserted against DBI (“Claim Litigation”), DBI may, at its election,
select and retain its own counsel to protect its interests. DBI and Employer shall cooperate fully with each other in the defense of Claim
Litigation. DBI shall consult with Employer before settling Claim Litigation. DBI shall be responsible for payment of all legal fees and expenses
incurred by it in defense of Claim Litigation unless the Claim Litigation is attributable to Employer’s actions or inactions. Nothing in this
subsection (d) shall prevent DBI and/or Employer from pursuing any rights that such party has under this Section 7.10.
7.11 Limitations of Liability
In no event shall either party be liable to the other for consequential, special, exemplary, punitive, indirect or incidental damages, including,
but not limited to, any damages resulting from loss of use or loss of profits arising out of or in connection with this Agreement, whether in an
action based on contract, tort (including negligence) or any other legal theory whether existing as of the Effective Date or subsequently
developed, even if the party has been advised of the possibility of such damages. In the event the foregoing is found to be invalid, in no
event will DBI's liability for such damages exceed the fees paid by Employer for the services in the twelve-month period in which the cause of
action occurred. In addition, notwithstanding any other provision in this Agreement to the contrary, the maximum total liability of DBI to
Employer shall be limited to direct money damages in an amount not to exceed the dollar amount that is available to cover such liability under
the insurance policy or policies provided for in Section 7.12. This is Employer’s sole and exclusive remedy. No action under this Agreement
may be brought by either party more than two (2) years after the cause of action has accrued.
DBI and Employer expressly agree that the limitations of liability in this Section 7.11 represent an agreed allocation of the risks of this
Agreement between the parties. This allocation is reflected in the pricing offered by DBI to Employer and is an essential element of the basis
of the bargain between the parties.
7.12 Insurance
During the term of this Agreement, DBI shall maintain general liability insurance and professional/cyber liability insurance with policy limits of
not less than $5,000,000 per occurrence and in the aggregate for the purpose of providing coverage for claims arising out of the performance
of its services under this Agreement. Upon request, DBI shall provide Employer with a certificate of insurance reflecting the general liability
insurance coverage.
DBI shall maintain a fidelity bond (or an insurance policy similar to a fidelity bond) for DBI and any of its employees who may collect, disburse
or otherwise handle or have possession of any funds provided by Employer or who may have the authority to order disbursements or
payments on behalf of the Plan.
7.13 Mediation and Arbitration of Disputes
Excluding equitable relief and all matters pertaining to the collection of amounts due to DBI arising out of the services provided, the parties
agree that as a precursor to any litigation, any dispute arising out of or related to this Agreement may be submitted to a mutually agreed upon
American Arbitration Association (“AAA”) mediator for non-binding confidential mediation in a location mutually agreeable between the parties.
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7.14 Waiver of Jury Trial
INTENTIONALLY OMITTED.
7.15 Notice
Any notice required or permitted to be given under this Agreement shall be deemed delivered to the address set forth in this Agreement or
such other physical or electronic address as specified by the party: (a) when received if delivered by hand; (b) the next business day if placed
with a reputable express carrier for delivery during the morning of the following business day; (c) three (3) days after deposit in the U.S. mail
for delivery, postage prepaid; or when received if delivered electronically. DBI: 4321 20th Avenue South, Fargo, ND 58103, Attention: Chief
Compliance Officer.
7.16 Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior or
contemporaneous agreements and understandings regarding the subject matter hereof, whether written or verbal. Any amendment to this
Agreement must be in writing and consented to by authorized representatives of both parties. The provisions of this Agreement shall be
binding upon and shall inure to the benefit of the parties hereto and their heirs, permitted assigns, and successors in interest. Nothing express
or implied in this Agreement is intended to confer, and nothing herein shall confer upon any person other than the parties hereto, any rights,
remedies, obligations or liabilities whatsoever.
7.17 Counterparts
Any number of counterparts of this Agreement may be signed, delivered, and transmitted electronically, each of which shall be considered an
original and all of which, together, shall constitute one and the same instrument.
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SERVICES AND RECORDKEEPING ADDENDUM
Services and Recordkeeping
Adjudicate FSA, HRA and Parking/Bicycle reimbursement requests Included
Administration for 2 ½ month grace period extension, if applicable Included
Automatic email to participant when claims received and reimbursement is made Included
Claims Based or Deduction/Contribution Based Included
Daily processing of reimbursement requests Included
Debit card Included
Employee group meetings Additional fee
IIAS compliant debit card Included
Issue direct deposit to participant savings or checking accounts Included
Issue reimbursement checks to participants Included
Maintain and update employee FSA/HRA/TSA records Included
Online enrollment presentation (Health FSA and Dependent Care FSA Only) Included
Plan design and set up Included
Postage for standard mailings Included
Process claims during plan year run-out period Included
Reconcile records to employer’s payroll, if applicable Included
Retain records for 8 years from the date the record is created at DBI Included
Web enrollment Included
Reporting and Communication – Employer
Consult on interpretation of applicable United States law Included
Daily, weekly, and/or monthly reporting available on status of account balances Included
Employer Administrative Guide Included
Employer Web portal Included
Reporting and Communication – Participant
Account balance statement sent 60 days prior to end of plan year (FSA Only) Included
Communication concerning ineligible claims Included
Employee Administrative Guide Included
Enrollment Materials Included
Online access to account information 24/7 Included
Quarterly emailed statements to participants Included
Statement included with each reimbursement check Included
Toll-free customer service line Central Time Zone Monday through Friday
Clients 7:00 a.m. to 7:00 p.m.
Participants 6:00 a.m. to 9:00 p.m.
In compliance with United States federal and state law, DBI may monitor and/or record calls that are made
to and from the customer service line for quality assurance and training purposes and/or to ensure that DBI's
services fully comply with the terms of the Agreement.
Included
Compliance
Generic sample plan document (Section 125, FSA and HRA only) Included
Generic sample plan document and summary plan description updates Included
Generic sample summary plan description Included
Information for annual 5500 Filing (Health FSA and HRA) Included
Discovery Teststm non-discrimination testing (cafeteria plan, FSA, HRA, self-insured medical plan) Additional fee may apply
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DEBIT CARD SERVICES ADDENDUM
To the extent that debit cards are used for the reimbursement accounts, the following applies with respect to the debit card services:
1 Definitions for the purposes of this Addendum:
1.1 “Card Transaction” means the presentation of the debit card for payment of Qualified Services.
1.2 For a Health FSA and/or HRA account, “Qualified Services” means any and all related goods and services within the meaning of the
term "medical care" or "medical expense" as defined in Internal Revenue Code Section 213 (26 USC § 213) and the rulings and Treasury
regulations thereunder to the extent that such goods and services are allowable for the Account in question.
1.3 For a TSA account, “Qualified Services” means parking, transit passes, and commuter highway vehicle, within the meaning of Internal
Revenue Code Section 132(f) (26 USC § 132(f)) as it relates to qualified transportation plans.
1.4 “Account” means the FSA, TSA and/or HRA, as the context requires and as elected by Employer as part of the Agreement.
1.5 “Employee” means those employees eligible to participate in the Plan.
1.6 Plan participants or “Participant” means Employees who are entitled to account coverage based on the Employer’s plan document.
2 General Provisions of Debit Card Services
2.1 DBI is responsible to provide debit card services to Participants, including:
Updating Participant records;
Maintaining accurate account balances and deposit information;
Activating and deactivating the debit cards;
Canceling the debit cards;
Responding to Participant inquiries; and
Providing appropriate notices of actions taken.
2.2 DBI agrees to reasonably ensure compliance with proper use of the debit card and take whatever action is necessary to investigate
and resolve errors in Card Transactions that are asserted by Participants within five (5) business days of notice of an assertion.
2.3 DBI agrees to cancel access to a Participant's account when a debit card is reported as lost or stolen.
2.4 DBI agrees to deactivate a Participant’s debit card upon notice from Employer of ineligibility or termination. If Employer fails to
provide notice, Employer will be responsible for any ensuing Card Transactions.
2.5 DBI will make available to Employer, for distribution to the Participants, information as to the proper use of the debit card.
2.6 Employer acknowledges that it must, in accordance with applicable law, facilitate an after-tax payroll deduction in those instances
where the debit card was used to pay for an ineligible expense and the participant failed to reimburse the Plan or the ineligible expense could
not be offset with an eligible expense.
2.7 Employer agrees to notify DBI immediately upon suspicion or confirmation of inappropriate or fraudulent debit card use.
2.8 The liability for payment of claims falls on Employer or the Participant. Additional Card Transaction costs, if any, are paid by
Employer or Participant.
2.9 DBI standard administrative procedures may be different for Card Transactions with respect to a health FSA, TSA, and HRA and with
respect to a group or groups of Card Transactions.
3 Settlement Provisions of Debit Card Services
3.1 Employer has, in conjunction with this Agreement, executed and delivered to DBI an Authorization Agreement for Automated Clearing
House (ACH) Direct Payments, which authorizes the issuer of the debit cards ("Issuer") to debit the account of the depository financial
institution designated by Employer in said Agreement ("Account") as more fully set forth therein.
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3.2 Each business day, Issuer is authorized to debit Employer's Account in the amount required to settle all Card Transactions ("Daily
Settlement Amount") and the collected and available funds in Employer's Account must be greater than or equal to the Daily Settlement
Amount for the previous business day.
3.3 Employer shall reimburse/pay Issuer for all Card Transactions irrespective of whether any authorization for a Card Transaction was
made in accordance with the terms of the Plan.
3.4 If Employer fails to fund the Account to settle with Issuer for Card Transactions, fails to reimburse/pay Issuer for all Card
Transactions, or breaches its obligations to Issuer, Issuer may, at its option, suspend or terminate all debit cards or change the method by
which Employer may settle with Issuer for Card Transactions.
3.5 Employer acknowledges that Issuer is not a party to the Agreement and Issuer has no obligation or responsibility to process and or
adjudicate benefit claims. Issuer's function is to issue debit cards and to make settlements arising from Card Transactions based solely on the
information provided to it by the debit card processor.
4 Miscellaneous Provisions of Debit Card Services
4.1 Card Transactions and direct deposit payments will be settled directly to the Account at the depository financial institution designated
by Employer and on record with DBI.
4.2 Changes to Account information must be made via the submission to DBI of a new Authorization Agreement for Automated Clearing
House (ACH) Direct Payments.
4.3 Said authorization remains in full force and effect until DBI and Issuer receive written notification to revoke it in such time and
manner as to afford DBI, Issuer, and the depository financial institution designated by Employer a reasonable opportunity to act on it.
4.4 Employer acknowledges that the Issuer shall be deemed to be a third party beneficiary with respect to Sections 3 and 4 of this
Addendum with full rights to rely upon and enforce the provisions thereof.
4.5 Employer understands and acknowledges that the origination of ACH transactions to the account must comply with the provisions of
United States law.
4.6 Unless otherwise stated, all provisions of the Agreement apply to the debit card services.
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DISCOVERY TESTStm SUBSCRIPTION ADDENDUM
Discovery Teststm is DBI’s non-discrimination testing portal available on LEAP®.
To the extent Employer desires to access to Discovery Teststm for testing one or more of its Plans, the following additional provisions shall
apply with respect to non-discrimination testing.
1 DBI Non-Discrimination Testing
1.1 Plan Testing
The benefit plan or plans covered for services are limited to Premium Only Plan (POP), Premium Only Plan and Flexible Spending
Account (POPFSA), Health Reimbursement Arrangement (HRA), and/or Self-Insured Medical Plan (SIMP), for which DBI provides access to
Discovery Teststm (individually and collectively, as the context may require, all of the foregoing shall be referred to as the “Plan”).
1.2 Test Templates
DBI provides Employer non-exclusive, non-transferable, non-assignable right to access and use of Discovery Teststm.
1.3 Non-Discrimination Testing Report
DBI provides a final testing report with test results and recommendations for correcting failed tests. The report is made available
through Discovery Teststm, which is a tool designed to help Employer evaluate Employer’s compliance with applicable domestic law and
regulation.
1.3 Template Information Retention
DBI deletes the data inputted or uploaded into Discovery Teststm and the resulting completed templates ten (10) calendar days after
submission by Employer.
1.4 Report Retention
DBI retains the testing report for eight (8) years from the date the report is created under this Addendum.
1.5 Disclaimers
All templates are subject to periodic updates and revision.
DBI does not insure or underwrite Employer’s liability to provide benefits under the Plan or provide services other than those stated in
this Addendum.
DBI is not liable nor will DBI use its own funds for payment of benefits under the Plan, including, without limitation, where such
payment of benefits is sought as damages in an action against Employer, DBI or the Plan.
2 Employer Responsibilities
2.1 System of Records
Employer’s HRIS/payroll system is the system of record for non-discrimination testing information. Employer must provide DBI with
the information necessary to perform the standard non-discrimination testing services and in the file format required by DBI.
2.2 Compliance
It is the sole responsibility of Employer to assure compliance with all legal reporting and disclosure requirements, including non-
discrimination testing rules.
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2.3 Authorized Users
Employer shall not make Discovery Teststm available to any person or entity other than its authorized users. Employer shall maintain
a written, current list of authorized users and shall provide the list to DBI upon request.
2.4 Protection of Discovery Teststm
Employer agrees to take all reasonable steps to protect Discovery Teststm from unauthorized copying, possession, access or use.
Upon Employer becoming aware of any such unauthorized copying, possession, access or use, Employer shall promptly notify DBI and assist
DBI in preventing the recurrence thereof, and cooperate with DBI in any litigation or proceedings reasonably necessary to protect the rights of
DBI.
2.5 Secure Passwords
Employer shall ensure that each authorized user maintains the secure password for its use of the testing portal and keeps its
password confidential. Employer shall immediately notify DBI of any compromise of any secured password of any authorized user, and shall
cooperate with DBI in any manner deemed reasonably necessary by DBI to protect its rights.
2.6 Viruses and Improper Materials
Employer shall not access, store, distribute, upload, or transmit any viruses, or any material during the course of its use of Discovery
Teststm that is unlawful, harmful, threatening, defamatory, libelous, obscene, infringing, harassing or racially or ethnically offensive; promotes
or facilitates any unlawful activity; depicts sexually explicit images; discriminates on the basis of nationality, race, gender, color, religious belief
or other characteristic protected by applicable law; or causes damage or injury to any person or property.
2.7 Employer Data
Employer owns all right, title and interest in and to and is solely responsible for the reliability, integrity, accuracy, quality and
lawfulness of data inputted and/or uploaded into Discovery Teststm. DBI has no obligation to back up or archive any data and Employer is
solely responsible therefor.
2.8 Test Results
Employer acknowledges that any reports, test results, and any and all other information that Employer obtains as a result of using
Discovery Teststm is based solely on the data of Employer and/or its authorized users provided by or on behalf of Employer; DBI is not liable
for any inaccuracies or invalid results or reports based on such data; and Employer expressly assumes all risk and liability with respect to its
use and interpretation of such reports, results, and other information obtained from Employer’s use of Discovery Teststm. Although Discovery
Teststm is a tool designed to help Employer evaluate Employer’s compliance with applicable domestic law and regulation, all legal, regulatory
and administrative matters related in any way to Employer, its data, authorized users or its Plan, and the compliance of any of the foregoing
with applicable domestic law, are the sole responsibility of Employer and DBI has no liability or responsibility therefor. Employer further
acknowledges and agrees that DBI does not provide legal or tax advice with respect to these matters and that Employer must obtain its own
legal and tax advice pertaining in any way to such matters.
2.9 Employer Systems
Employer is solely responsible for the maintenance and routine review of its computing and electronic system usage records (i.e., log
files) and the security of its own data, data storage, computing devices, other electronic systems, and network connectivity.
2.10 Unauthorized Access
Employer acknowledges and agrees that DBI is not liable to Employer, Employer’s employees or any other third-party for any consequences,
losses or damages resulting from unauthorized access to or use of its data.
3 Confidential Information and Intellectual Property
3.1 Confidentiality of Employer Data
DBI shall maintain appropriate administrative, physical, and technical safeguards for protection of the confidentiality of Employer
data.
DBI shall not disclose any Employer data except as compelled by law in accordance with this Section 3 or as expressly permitted in
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writing by Employer.
DBI agrees that all Employer data shall be stored on computer servers located within the United States and shall not be transferred to
any computer servers located outside of the United States, without the prior written consent of Employer.
3.4 Information Security
Each party agrees to use industry standard current firewall and virus-protection software.
3.5 Remedies upon Breach
Each party agrees that the other party may have no adequate remedy at law if there is a breach or threatened breach of this Section
3 and, accordingly, that either party is entitled (in addition to any legal or equitable remedies available to such party) to seek injunctive or
other equitable relief to prevent or remedy such breach.
3.6 Ownership
As between the parties, the parties agree that the confidential information of the other party is, and will remain, the property of such
other party. The receiving party obtains no right, title, interest, or license in or to any of the confidential information of the disclosing party
except for the rights expressly set forth in this Addendum.
3.7 No Return of Data
Employer acknowledges that DBI has no obligation to maintain Employer data relating to this Addendum. Accordingly, DBI does not
return any data to Employer or make any such data available for download by Employer after the termination or expiration of the Agreement.
4 Warranties and Remedies
4.1 Limited Warranties
DBI warrants that Discovery Teststm will perform materially in accordance with the data submitted and the functionality of Discovery
Teststm will not be materially decreased during the Term.
4.2 Exclusions
Notwithstanding the foregoing, DBI does not warrant, and specifically disclaims, that Employer’s access to or use of Discovery Teststm
and the DBI Technology will be uninterrupted or error-free or that the information obtained by Employer through Discovery Teststm will meet
Employer’s requirements. Further, DBI is not responsible for any delays, delivery failures, or any other loss or damage resulting from the
transfer of Employer data any other data or information over communications networks and facilities, including the Internet, and Employer
acknowledges that Discovery Teststm and the resulting information may be subject to limitations, delays and other problems inherent in the
use of such communications facilities. Employer further acknowledges that it is solely responsible for procuring and maintaining its network
connections and telecommunications links from its systems to DBI’s data center and all problems, conditions, delays, delivery failures, and all
other loss or damage arising from or relating to Employer’s network connections or telecommunications links or that are caused by the
Internet.
4.3 Exclusive Remedies
Employer shall promptly notify DBI in writing of any nonconformity to the functionality described herein. DBI is not obligated to
correct any such nonconformity if Employer fails to promptly notify DBI in writing, which notice must provide a detailed description of the
specific existence and nature of the alleged nonconformity upon Employer’s discovery thereof. Provided the nonconformity giving rise to the
warranty claim exists, Employer’s sole and exclusive remedy in relation to its access to Discovery Teststm and DBI’s entire liability for any such
conformity is as follows: DBI shall as promptly as practicable, and in any event within thirty (30) days after DBI’s receipt of Employer’s written
notice if applicable, correct such nonconformity or provide Employer with a plan reasonably acceptable to Employer for correcting the
nonconformity at DBI’s expense and in a reasonably timely fashion. If neither can be accomplished with reasonable commercial efforts from
DBI, DBI will notify Employer, whereupon Employer may cancel the Discovery Teststm subscription and return any and all materials and related
documentation to DBI. If Employer elects not to cancel the subscription as provided in this Section 4.3, Employer waives all rights for the
applicable breach of the warranty set forth herein.
4.4 Disclaimer of Warranty
THE LIMITED WARRANTIES SET FORTH HEREIN CONSTITUTE THE ONLY WARRANTIES WITH RESPECT TO THE SERVICES,
DISCOVERY TESTStm, AND THE DBI TECHNOLOGY. THE LIMITED WARRANTIES ARE IN LIEU OF, AND DBI SPECIFICALLY DISCLAIMS, ANY
AND ALL OTHER WARRANTIES, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
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CITY OF MERIDIAN (31302)
THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, OR ARISING FROM A COURSE
OF DEALING, TITLE, NONINFRINGEMENT, USAGE OR TRADE PRACTICE. UPON ANY INTERRUPTION, DELAY OR FAILURE OF ACCESS TO
DISCOVERY TESTStm AND THE DBI TECHNOLOGY, DBI’S SOLE OBLIGATION IS TO USE COMMERCIALLY REASONABLE EFFORTS TO CORRECT
THE PROBLEM AND/OR RESUME SUCH ACCESS AS SOON AS PRACTICABLE.
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BUSINESS ASSOCIATE AGREEMENT
RECITALS
WHEREAS, DBI provides certain administrative services, activities or functions in connection with the Plan (“Services”) pursuant to a
services agreement between DBI and the Sponsor (“Services Agreement”); and
WHEREAS, the parties desire to enter into this Agreement as set forth below for the purpose of addressing the following law, as
amended and clarified by the HIPAA Omnibus Rule or any regulation, rule or guidance that may be issued after the effective date of this
Agreement:
• The Health Information Technology for Economic and Clinical Health Act (“HITECH Act”) enacted as part of the American Recovery
and Reinvestment Act of 2009 and the regulations promulgated thereunder relating to the privacy and security of protected health
information;
• The “Standards for Privacy of Individually Identifiable Health Information,” 45 CFR Part 160 (specifically recognizing here 45 CFR Part
160, Subparts C, D, and E (“Enforcement Rule”)) and Part 164, Subparts A and E (“Privacy Rule”);
• The “Standards for Electronic Transactions,” 45 CFR Part 160, Subpart A and Part 162, Subpart A and Subparts I through R
(“Electronic Transaction Rule”);
• The “Security Standards for the Protection of Electronic Protected Health Information,” 45 CFR Part 160 and Part 164, Subparts A and
C (“Security Rule”); and
• The “Standards for Breach Notification for Unsecured Protected Health Information,” 45 CFR Part 160 and Part 164, Subparts A and D
(“Breach Notification Rule”).
NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the Plan and DBI agree as follows:
ARTICLE 1 – DEFINITIONS
1.1 “Agent” shall have the meaning given to it in Section 2.5. As provided by HIPAA, an Agent and a Subcontractor are two
separate types of arrangements.
1.2 “Breach” shall have the meaning given to it by 45 CFR § 164.402.
1.3 “Business Associate” shall have the meaning given to it by 45 CFR § 160.103.
1.4 “Designated Record Set” shall have the meaning given to it by 45 CFR § 164.501.
1.5 “Health Care Operations” shall have the same meaning given to it in 45 CFR § 164.501.
1.6 “HIPAA” shall mean, collectively, the Privacy Rule, the Electronic Transaction Rule, the Security Rule, and/or the Breach
Notification Rule, each as amended and clarified by the HIPAA Omnibus Rule.
1.7 “HIPAA Omnibus Rule” shall mean the “Modifications to the HIPAA Privacy, Security, Enforcement, and Breach Notification
Rules under the Health Information Technology for Economic and Clinical Health Act (the HITECH Act) and the Genetic Information
Nondiscrimination Act (GINA),” 78 Federal Register 5566 (January 25, 2013).
1.8 “Individual” shall mean the person who is the subject of PHI and shall include a person who qualifies as a personal
representative in accordance with 45 CFR § 164.502(g).
1.9 “Individual Rights Requests” shall mean Access Requests, Amendment Requests, Accounting Requests, and requests under
Section 3.3.
1.10 “Payment” shall have the same meaning given to it in 45 CFR § 164.501.
1.11 “PHI” shall mean any information, whether oral or recorded in any form or medium, that: (i) relates to the past, present or
future physical or mental health or condition of an Individual; the provision of health care to an Individual; or the past, present or future
payment for the provision of health care to an Individual; and (ii) identifies the Individual or with respect to which there is a reasonable basis
to believe the information can be used to identify the Individual.
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1.12 “Plan” shall have the same meaning given to it as the group health plan or plans of the Sponsor as set forth in 45 CFR §
160.103.
1.13 “Plan Administration Functions” shall have the same meaning given to it in 45 CFR § 164.504.
1.14 “Plan Administrator” shall mean the entity, individual, group or committee appointed by the Sponsor, or its successor or
successors with the authority to administer the Plan.
1.15 “Privacy Official” shall mean the person designated by the Plan to serve as its privacy official within the meaning of 45 CFR §
164.530(a), and any person to whom the Privacy Official has delegated any of his or her duties or responsibilities.
1.16 “Protected Information” shall mean PHI received from the Plan or created, received, maintained or transmitted by DBI on
behalf of the Plan.
1.17 “Required by Law” shall have the same meaning given to it in 45 CFR § 164.103.
1.18 “Secretary” shall mean the Secretary of the United States Department of Health and Human Services.
1.19 “Services” shall mean the activities, functions, and/or services that DBI from time to time renders to or on behalf of the Plan
to the extent that those activities, functions, and/or services are covered by HIPAA.
1.20 “Subcontractor” shall have the same meaning given to it in 45 CFR § 160.103.
1.21 “Unsecured PHI” shall mean Protected Information that is not secured through the use of a technology or methodology that
renders such Protected Information unusable, unreadable or indecipherable to unauthorized individuals as specified in 45 CFR § 164.402.
ARTICLE 2 – OBLIGATIONS AND ACTIVITIES OF DBI
2.1 Status of DBI. DBI acknowledges and agrees that it is a Business Associate of the Plan for purposes of the Privacy Rule.
2.2 Permitted Uses and Disclosures of Protected Information.
(a) Permitted Uses. DBI shall not use Protected Information other than as permitted by this Agreement. DBI may use
Protected Information: (i) in connection with the performance, management and administration of the Services; (ii) for the proper business
management and administration of DBI; (iii) to carry out DBI’s legal responsibilities; (iv) to report violations of law consistent with 45 CFR §
164.502(j); (v) to the extent and for any purpose authorized by an Individual under 45 CFR §164.508; and (vi) for any purpose provided that
no data is identifiable and has been de-identified pursuant to 45 CFR §164.514(b) (including the separate de-identification guidance issued by
the Secretary on November 26, 2012). Notwithstanding the foregoing sentence, DBI shall not use Protected Information in any manner that
violates the Privacy Rule, or that would violate the Privacy Rule if so used by the Plan (except for the purposes specified under 45 CFR §
164.504(e)(2)(i)(A) and (B)).
(b) Permitted Disclosures. DBI shall not disclose Protected Information other than as permitted by this Agreement.
DBI may disclose Protected Information: (i) in connection with the performance, management and administration of the Services; (ii) to report
violations of law consistent with 45 CFR § 164.502(j); (iii) to the extent and for any purpose authorized by an Individual under 45 CFR
§164.508; and (iv) for any purpose provided that no data is identifiable and has been de-identified pursuant to 45 CFR §164.514(b) (including
the separate de-identification guidance issued by the Secretary on November 26, 2012). In addition, DBI may also disclose Protected
Information to a third party for the proper business management and administration of DBI and to carry out DBI’s legal responsibilities,
provided that the disclosure is Required by Law or DBI obtains, prior to the disclosure: (i) reasonable assurances from the third party that the
Protected Information will be held confidentially and used or further disclosed only as Required by Law or for the purpose for which it was
disclosed to the third party; and (ii) an agreement from the third party that the third party will notify DBI immediately of any instances in
which it knows the confidentiality of the information has been breached. Further, DBI shall disclose, upon request, Protected Information to
the Sponsor for Plan Administration Functions and to designated Sponsor employees (or designated Business Associates of the Plan) who are
working for or on behalf of the Plan for purposes of Payment and Health Care Operations (including claims assistance activities) consistent with
45 CFR § 164.506(c)(1). Notwithstanding the foregoing, DBI shall not disclose Protected Information in any manner that violates the Privacy
Rule, or that would violate the Privacy Rule if so disclosed by the Plan (except for the purposes specified under 45 CFR § 164.504(e)(2)(i)(A)
and (B)).
(c) Minimum Necessary. To the extent required by the Privacy Rule, DBI shall only request, use, and/or disclose the
minimum amount of Protected Information necessary to accomplish the purpose of the request, use, and/or disclosure. For this purpose, the
determination of what constitutes the minimum necessary amount of Protected Information shall be determined in accordance with Section
164.502(b) of the Privacy Rule.
(d) Direct Application of Privacy Rules. DBI shall not use and/or disclose Protected Information or provide any Services
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CITY OF MERIDIAN (31302)
that require the use and/or disclosure of Protected Information unless such use and/or disclosure directly complies with this Section 2.2 and
Sections 164.502(a)(3) and 164.504(e) of the Privacy Rule.
(e) GINA Provisions. Notwithstanding subsections (a) through (c) above, DBI shall not use and/or disclose Protected
Information that is genetic information for underwriting purposes, as set forth in 45 CFR § 164.502(a)(5).
2.3 Safeguards. DBI shall maintain and use appropriate and commercially reasonable safeguards to prevent use and/or
disclosure of Protected Information other than as permitted or required in this Agreement.
2.4 Reports of Prohibited Disclosures. If DBI becomes aware of a disclosure of an Individual’s Protected Information by DBI and
the disclosure violated the provisions of this Agreement, DBI must inform the Privacy Official regarding the prohibited disclosure of the
Individual’s Protected Information. To the extent that a disclosure described in this Section 2.4 also constitutes a Breach of Unsecured PHI,
the provisions of this Section 2.4 shall not apply, but rather the provisions of Section 2.8 shall apply.
2.5 Agents and Subcontractors. DBI shall require each of its representatives, agents, and entities (collectively, “Agents”) to
whom DBI provides Protected Information on behalf of the Plan to agree to observe the restrictions on use and disclosure of the Protected
Information imposed upon DBI by this Agreement and the Privacy Rule. In addition, DBI shall enter into a Business Associate Agreement with
each of its Subcontractors which meets the requirements of the Privacy Rule, including the requirements set forth in 45 CFR § 164.504(e).
2.6 Access by Secretary. DBI shall make available to the Secretary DBI’s internal practices, books, and records (including its
policies and procedures) relating to DBI’s use and disclosure of Protected Information for the purpose of enabling the Secretary to assess the
Plan’s and/or DBI’s compliance with HIPAA. DBI shall inform the Privacy Official of any request sent by the Secretary on behalf of the Plan
that is received by DBI, unless it is prohibited by applicable law from doing so.
2.7 Mitigation. DBI agrees to mitigate, to the extent practicable, any harmful effect that is known to DBI of a use or disclosure
of Protected Information by DBI in violation of the requirements of this Agreement.
2.8 Notice of Breach of Unsecured PHI.
(a) DBI Requirements. Upon DBI’s discovery of a Breach of Unsecured PHI by DBI, DBI shall –
(1) Pursuant to the requirements set forth in subsection (c) below, provide written notice of the Breach to the
Privacy Official, as soon as administratively practicable, but no later than three (3) business days after the Breach is discovered; and
(2) Pursuant to the requirements set forth in subsection (b) below, provide written notice of the Breach, on
behalf of the Plan, without unreasonable delay and in no case later than sixty (60) calendar days after discovery of a Breach as
authorized under 45 CFR § 164.404 or such later date as is authorized under 45 CFR § 164.412 to:
(i) each Individual whose Unsecured PHI has been, or is reasonably believed by DBI to have been,
accessed, acquired, used or disclosed as a result of the Breach;
(ii) the media to the extent required under 45 CFR § 164.406; and
(iii) the Secretary to the extent required under 45 CFR § 164.408 (unless the Plan has elected to
provide this notification and has informed DBI); and
(3) If the Breach involves less than 500 individuals, maintain a log or other documentation of the Breach
which contains such information as would be required to be included if the log were maintained by the Plan pursuant to 45 CFR §
164.408, and provide such log to the Plan within five (5) business days of the Plan’s written request.
(b) Notice Requirements. This subsection (b) provides the following special rules that shall each be applicable to the
provisions of Section 2.8(a)(2)–
(1) The date that a Breach is discovered shall be determined by DBI, in its sole discretion, in accordance with
the Breach Notification Rule.
(2) The content, form and delivery of each of the notices required by Section 2.8(a)(2) shall comply in all
respects with the breach notification provisions applicable to the Plan, as set forth in the Breach Notification Rule.
(3) DBI shall send the notices described in Section 2.8(a)(2)(i) to each Individual using the address on file
with DBI (or as may be otherwise provided by the Plan). If the notice to any Individual is returned as undeliverable, DBI shall make
one additional attempt to deliver the notice to the Individual using such information as is reasonably available to it, or shall take other
action required by the Breach Notification Rule.
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CITY OF MERIDIAN (31302)
(4) With respect to notices required under Section 2.8(a)(2)(i) and (ii), DBI and the Privacy Official shall
cooperate in all respects regarding the drafting and the content of the notices. To that end, before sending any notice to any
Individual or the media under Section 2.8(a)(2)(i) or (ii), DBI shall first provide a draft of the notice to the Privacy Official. The
Privacy Official shall have five (5) business days (plus any reasonable extensions) to either approve DBI’s draft of the notice or revise
the language of the notice. Alternatively, the Privacy Official may elect to draft the notice for review by DBI. Once DBI and the
Privacy Official agree on the final content of the notice, DBI shall send the notice to the Individuals and/or the media based on the
requirements of the Breach Notification Rule.
(c) Privacy Official Notice. The notice to the Privacy Official pursuant to Section 2.8(a)(1) shall include any information
available to DBI that is required to be included in a notification to an Individual under 45 CFR §164.404(c). To the extent that DBI does not
have the information to be provided in the prior sentence when it is required to notify the Privacy Official, DBI shall provide such information
as soon as administratively practicable after such information becomes available. Upon the Plan’s written request, DBI shall provide such
additional information regarding the Breach as may be reasonably requested from time to time by the Plan.
(d) Notice Fees. DBI reserves the right to charge reasonable, cost based fees for sending the notices required by this
Section 2.8 should a Breach be due to actions on the part of the Sponsor, the Plan or any other entity other than DBI, its Agents or
Subcontractors.
ARTICLE 3 – INDIVIDUAL RIGHTS REQUIREMENTS
3.1 Designated Record Sets.
(a) General. DBI agrees to maintain a Designated Record Set for the Plan in a manner and form that will allow the
Plan to provide access and amendment rights to an Individual with respect to the Individual's Protected Information in conformance with 45
CFR §§ 164.524 and 164.526.
(b) Access to Protected Information. Upon request from the Plan, DBI shall process and respond to a request by an
Individual for access to an Individual’s Protected Information that is maintained by DBI in a Designated Record Set pursuant to 45 CFR §
164.524 (an “Access Request”). DBI shall respond to such Access Request by furnishing such Protected Information to the Plan within a
timeframe that reasonably allows the Plan to satisfy the timeframes required by 45 CFR § 164.524. If the Protected Information that is
requested is maintained electronically and the Individual requests an electronic copy of such information, DBI will provide access to the
information in an electronic format that complies with 45 CFR § 164.524(c)(2)(ii). Thereafter, the Plan will be responsible for sending such
information to the Individual.
(c) Amendment to Protected Information. Upon request from the Plan, DBI shall process a request by an Individual for
amendments to an Individual’s Protected Information that is maintained by DBI in a Designated Record Set pursuant to 45 CFR § 164.526 (an
“Amendment Request”). DBI shall process such Amendment Request within a timeframe that reasonably allows the Plan to satisfy the
timeframes required by 45 CFR § 164.526.
(d) Coordination with Privacy Official. DBI shall coordinate and cooperate with the Privacy Official (or any other person
designated by the Plan Administrator for this purpose) regarding all processing, recordkeeping, and documentation issues relating to Access
Requests and Amendment Requests. Notwithstanding the foregoing, DBI shall not be obligated to coordinate with the Privacy Official if an
Individual files an Access Request or an Amendment Request with DBI and such request is directed solely to DBI.
3.2 Accounting of Disclosures of Protected Information.
(a) Documentation of Disclosures. DBI agrees to document and maintain a log of any and all disclosures from and
after the date or dates required by 45 CFR § 164.528 made by DBI of Protected Information in a manner and form that will allow the Plan to
provide to an Individual an accounting of disclosures or other applicable report of the Individual's Protected Information in compliance with
and based on the requirements of 45 CFR § 164.528.
(b) Accounting Requests. Upon request from the Plan, DBI shall process and respond to a request by an Individual for
an accounting of disclosures or other applicable report of an Individual’s Protected Information pursuant to the requirements of 45 CFR §
164.528 (an “Accounting Request”). DBI shall furnish such accounting relating to the Accounting Request to the Plan within a timeframe that
reasonably allows the Plan to satisfy the timeframes required by 45 CFR § 164.528. Thereafter, the Plan will be responsible for sending such
information to the Individual.
(c) Coordination with Privacy Official. DBI shall coordinate and cooperate with the Privacy Official (or any other person
designated by the Plan Administrator for this purpose) regarding all processing, recordkeeping, and documentation issues relating to
Accounting Requests. Notwithstanding the foregoing, DBI shall not be obligated to coordinate with the Privacy Official if an Individual files an
Accounting Request with DBI and such request is directed solely to DBI.
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CITY OF MERIDIAN (31302)
3.3 Privacy Protection Requests.
(a) Restriction Requests on Uses and Disclosures. The Plan and DBI on behalf of the Plan shall not agree to a
restriction on the use or disclosure of Protected Information pursuant to 45 CFR § 164.522(a) without first consulting with the other party.
DBI is not obligated to implement any restriction, if such restriction would hinder Health Care Operations or the Services DBI provides to the
Plan, unless such restriction would otherwise be required by 45 CFR § 164.522(a).
(b) Confidential Communication Requests. DBI shall implement any reasonable requests by Individuals relating to a
request to receive communications of Protected Information by alternative means or at alternative locations to the extent required by 45 CFR §
164.522(b).
(c) Coordination with Privacy Official. DBI shall coordinate and cooperate with the Privacy Official (or any other person
designated by the Plan Administrator for this purpose) regarding all processing, recordkeeping, and documentation issues relating to requests
under this Section 3.3.
ARTICLE 4 – ELECTRONIC TRANSACTION RULE
4.1 Business Associate Requirements. DBI acknowledges that it is a Business Associate of the Plan for purposes of the
Electronic Transaction Rule. DBI agrees that it shall comply with all Electronic Transaction Rule requirements that may be applicable to DBI
with respect to the Services it provides to and on behalf of the Plan. DBI shall also require each of its Agents and Subcontractors to whom DBI
provides Protected Information that is received from, or created or received by DBI on behalf of the Plan, to comply with the applicable
requirements of the Electronic Transaction Rule.
4.2 Sponsor Transmissions. The Sponsor hereby represents and warrants that all electronic transmissions with respect to the
Plan between the Sponsor (either directly or through its designated agent) and DBI relating to enrollment and disenrollment information and
premium payment information as each are covered by the Electronic Transaction Rule are sent or received by the Sponsor (either directly or
through its designated agent) in the Sponsor’s capacity as an employer and are not sent or received by the Plan.
ARTICLE 5 – OBLIGATIONS OF PLAN
5.1 Privacy Notice. Upon request, the Plan will provide DBI with a copy of its notice of privacy practices pursuant to 45 CFR §
164.520.
5.2 Authorizations. The Plan will notify DBI of any changes in or revocations of Individual authorizations for use or disclosure of
Protected Information to the extent that such changes or revocations may affect DBI’s use or disclosure of Protected Information.
5.3 Officials. The Plan will notify DBI of the current name and contact information of the Plan Administrator, the Privacy Official,
and any other person that has the authority to act on behalf of the Plan with respect to the provisions contained in this Agreement.
5.4 Plan. Sponsor represents that its Plan documents include specific provisions to restrict the use or disclosure of PHI and to
ensure adequate procedural safeguards and accounting mechanisms for such uses or disclosures, in accordance with the Privacy Rule.
5.5 Standard Requirements for Group Health Plans. The Plan represents and warrants that: (i) its plan documents, in
accordance with 45 CFR § 164.504(f), allow the Plan to receive Protected Information; (ii) it has received a certification from the Sponsor in
accordance with 45 CFR § 164.504(f)(2)(ii), and will provide a copy of such certification to DBI upon request; (iii) the plan document
amendments permit the Plan to receive Protected Information (including detailed invoices, reports and statements from DBI); and (iv) the Plan
has determined, through its own policies and procedures and in compliance with 45 CFR § 164.502(b), that the Protected Information that it
receives from DBI (including the detailed invoices, reports, and statements) contains the minimum information necessary for the Plan to carry
out its Payment and Health Care Operations activities.
ARTICLE 6 – AMENDMENT AND TERMINATION
6.1 Amendment. No change, modification or attempted waiver of any of the provisions of this Agreement shall be binding upon
any party hereto unless reduced to writing and signed by both parties. DBI agrees to take such action as is necessary to amend this
Agreement from time to time as the Plan reasonably determines necessary to comply with HIPAA, or any other applicable law, rule or
regulation.
6.2 Term. The Term of this Agreement shall be effective on the date first written above on the signature page (except as
otherwise noted herein) and shall terminate when all of the Protected Information received from the Plan, or created or received by DBI on
behalf of the Plan, is destroyed in accordance with the Plan’s authorization or is returned to the Plan (or its designated agents) pursuant to
Section 6.4.
6.3 Termination. If one party to this Agreement (“Non-Breaching Party”) has knowledge of a material violation of this
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CITY OF MERIDIAN (31302)
Agreement by the other party to this Agreement (“Breaching Party”), as determined in good faith by the Non-Breaching Party, the Non-
Breaching Party must promptly:
(a) Provide an opportunity for the Breaching Party to end and to cure the material violation within a reasonable time
specified by the Non-Breaching Party, and if the Breaching Party does not end and cure the material violation within such time (including
reasonable extensions that the Non-Breaching Party determines are necessary) to the satisfaction of the Non-Breaching Party, the Non-
Breaching Party shall immediately terminate the Services rendered by DBI and any agreement or contract related thereto; or
(b) If a cure is not possible as determined by the Non-Breaching Party in its sole discretion, the Non-Breaching Party
shall immediately terminate the Services rendered by DBI and any agreement or contract related thereto.
6.4 Effect of Termination. Upon termination pursuant to Section 6.3, the Plan within a reasonable time thereafter must inform
DBI to either destroy or return to the Plan (or any agents designated by the Plan) the Protected Information that DBI and its Agents and
Subcontractors maintain in any form, and DBI and its Agents and Subcontractors shall retain no copies of the Protected Information.
However, in many situations DBI maintains one or more backup copies of Protected Information for auditing, data management, and other
related purposes and DBI has determined that destruction of all copies of Protected Information that it maintains is infeasible.
Therefore, after termination of the Services and pursuant to 45 CFR § 164.504(e)(2)(ii)(J), this Agreement shall remain in effect and DBI shall
continue to observe and shall ensure that its Agents and Subcontractors continue to observe its obligations under this Agreement to the extent
copies of the Protected Information are retained by DBI and shall limit further uses and disclosures of Protected Information to the purposes
that make its return or destruction infeasible and that are consistent with the Privacy Rule.
ARTICLE 7 – ELECTRONIC SECURITY STANDARDS
7.1 Definitions. When used in this Article, the following terms shall have the meanings set forth as follows:
(a) “Electronic Media” shall have the meaning given to it in 45 CFR § 160.103.
(b) “Electronic Protected Information” shall mean Protected Information received from the Plan or created, received,
maintained or transmitted by DBI on behalf of the Plan that is transmitted by Electronic Media or maintained in Electronic Media.
(c) “Security Incident” shall have the meaning given to it in 45 CFR § 164.304.
7.2 Requirements. Pursuant to 45 CFR § 164.314(a)(2)(i), DBI shall:
(a) Comply with the applicable requirements of the Security Rule, including the requirement that DBI implement,
maintain and document administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality,
integrity, and availability of Electronic Protected Information to the extent required by the Security Rule;
(b) Report (pursuant to the terms and conditions of Section 7.3) to the Privacy Official (or such other person
designated for this purpose) any Security Incident of which DBI becomes aware and which occurred during the applicable reporting period;
(c) Require each of its Agents to whom DBI provides Electronic Protected Information to agree to implement
administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the
Electronic Protected Information that is provided to the Agent to the extent required by the Security Rule; and
(d) Enter into a contract or other arrangement with each of its Subcontractors that create, receive, maintain or transmit
Electronic Protected Information on behalf of DBI pursuant to which the Subcontractor agrees to comply with the applicable requirements of
the Security Rule.
7.3 Reporting Protocols. All reports required by Section 7.2(b) shall be provided pursuant to the terms and conditions specified
in this Section.
(a) Attempted Security Incidents. Reporting for any Security Incident involving the attempted unauthorized access,
use, disclosure, modification or destruction of Electronic Protected Information (collectively, an “Attempted Security Incident”) shall be
provided pursuant to the standard reporting protocols of DBI (as determined by DBI).
(b) Successful Security Incident. Reporting for any Security Incident involving the successful unauthorized access, use,
disclosure, modification or destruction of Electronic Protected Information (collectively, a “Successful Security Incident”) shall be provided to
the Plan pursuant to the standard reporting protocols of DBI (as determined by DBI), provided that: (i) the reports shall at a minimum include
the date of the incident, the parties involved (if known, including the names of Individuals affected), a description of the Successful Security
Page 42 of 44
CITY OF MERIDIAN (31302)
Incident, a description of the Electronic Protected Information involved in the incident, and any action taken to mitigate the impact of the
Successful Security Incident and/or prevent its future recurrence; and (ii) the reports shall satisfy the minimum requirements for Security
Incident reporting that may be required from time to time by the Secretary. In addition, Successful Security Incidents shall be reported to the
Plan as soon as administratively practicable after the occurrence of the incident taking into account the severity and nature of the incident.
Notwithstanding the foregoing, the Plan may request details about one or more Successful Security Incidents, and DBI shall have thirty (30)
days thereafter to furnish the requested information.
(c) Breach of Unsecured PHI. To the extent that a Security Incident described in this Section 7.3 also constitutes a
Breach of Unsecured PHI, the provisions of this Section 7.3 shall not apply, but rather the provisions of Section 2.8 shall apply.
7.4 Mitigation. DBI agrees to mitigate, to the extent practicable, any harmful effect that is known to DBI relating to any Security
Incident.
7.5 Access by Secretary. DBI shall make available to the Secretary DBI’s internal practices, books and records (including its
policies and procedures) relating to the safeguards established by DBI with respect to Electronic Protected Information for the purpose of
enabling the Secretary to assess DBI and/or the Plan’s compliance with the Security Rule. DBI shall inform the Privacy Official of any request
sent by the Secretary on behalf of the Plan that is received by DBI, unless DBI is prevented by applicable law from doing so.
ARTICLE 8 – GENERAL
8.1 Other Agreements. The Plan and DBI acknowledge and affirm that this Agreement is in no way intended to address or cover
all aspects of the relationship of the Plan and DBI and of the Services that are rendered by DBI to and on behalf of the Plan. Rather, this
Agreement deals only with those matters that are specifically addressed herein. Further, this Agreement supersedes any prior business
associate agreements entered into by DBI and the Plan (or any predecessor to the Plan), and shall apply to all Protected Information existing
as of the effective date of this Agreement or created or received thereafter while this Agreement is in effect.
8.2 Indemnification. Any indemnification relating to violations of this Agreement by DBI or the Plan (or the Sponsor on behalf of
the Plan) shall be addressed to the extent applicable by the respective Services Agreement.
8.3 Severability. The provisions of this Agreement shall be severable, and the invalidity or unenforceability of any provision (or
part thereof) of this Agreement shall in no way affect the validity or enforceability of any other provisions (or remaining part thereof). If any
part of any provision contained in this Agreement is determined by a court of competent jurisdiction, or by any administrative tribunal, to be
invalid, illegal or incapable of being enforced, then the court or tribunal shall interpret such provisions in a manner so as to enforce them to
the fullest extent of the law.
8.4 Interpretation. The provisions of this Agreement shall be interpreted in a manner intended to achieve compliance with
HIPAA. Whenever the Agreement uses the term “including” followed by a specific item or items, or there is a passage having a similar effect,
such passages of the Agreement shall be construed as if the phrase “without limitation” followed such term (or otherwise applied to such
passage in a manner that avoids limitations on its breadth of application). Where the term “and/or” is used in this Agreement, the provision
that includes the term shall have the meaning the provision would have if “and” replaced “and/or,” but it shall also have the meaning the
provision would have if “or” replaced “and/or.” Any reference to a section or provision of HIPAA shall include any amendment or clarification
of such section or provision contained in the HIPAA Omnibus Rule and any regulation, rule or guidance issued by the Secretary following the
effective date of this Agreement.
8.5 Counterparts. Any number of counterparts of this Agreement may be signed and delivered, each of which shall be
considered an original and all of which, together, shall constitute one and the same instrument.
8.6 Binding Effect. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the parties hereto
and their heirs, assigns and successors in interest. The Plan shall have the right to assign this Agreement to any successor or surviving health
plan, and all covenants and agreements hereunder shall inure to the benefit of and be enforceable by any such assignee.
8.7 No Third-Party Beneficiaries. Nothing express or implied in this Agreement is intended to confer, and nothing herein shall
confer, upon any person other than the parties hereto any rights, remedies, obligations or liabilities whatsoever.
8.8 Applicable Law and Disputes. The provisions of this Agreement shall be construed and administered to, and its validity and
enforceability determined under HIPAA. To the extent that HIPAA is not applicable in a particular circumstance, the provisions of this
Agreement shall be construed and administered to, and its validity and enforceability determined under the Employee Retirement Income
Security Act of 1974, as amended (“ERISA”). In the event that HIPAA and ERISA do not preempt state law in a particular circumstance, the
laws of the State of North Dakota shall govern. In the event of any conflict of state laws, the laws of the State of North Dakota shall prevail.
The parties agree that any claim or action arising from this Agreement can only be brought in the United States District Court for the District of
North Dakota, and both parties consent to such jurisdiction and venue. Any disputes between the parties arising under this Agreement shall
be resolved in accordance with the arbitration procedures, if any, set forth in the Services Agreement.
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CITY OF MERIDIAN (31302)
8.9 State Privacy and Security Laws.
(a) General. Pursuant to 45 CFR § 160.203, DBI and the Plan acknowledge that HIPAA only preempts state laws which
are contrary to a HIPAA standard, requirement or implementation specification, provided that state laws which relate to the privacy of
Protected Information and are more stringent than the Privacy Rule are not preempted. Accordingly, the parties acknowledge that certain
State Privacy Laws affecting the privacy and/or security of personally identifiable information (e.g., name, address, age, and social security
number) relating to a Plan participant or beneficiary (“Privacy Restricted Data”) may apply to the Services provided by DBI to the extent such
State Privacy Laws are not preempted by HIPAA. For purposes of this Section 8.9, “State Privacy Laws” shall mean any applicable state and
local privacy laws governing the creation, collection, storage, maintenance, access, modification, transmission, use or disclosure of Privacy
Restricted Data.
(b) State Privacy Laws. All Privacy Restricted Data created, collected, received or obtained by or on behalf of DBI in
the course of performing its Services shall be created, collected, received, obtained, stored, maintained, accessed, modified, transmitted, used,
and disclosed in accordance with any and all applicable State Privacy Laws. DBI shall at all times perform the Services in accordance with the
State Privacy Laws and as not to cause the Sponsor or the Plan to be in violation of the State Privacy Laws. DBI shall be fully responsible for
any creation, collection, receipt, access, storage, maintenance, modification, transmission, use, and disclosure of Privacy Restricted Data
performed by or on behalf of DBI that is in violation of any State Privacy Laws. DBI shall remedy and mitigate the damages of any breach of
privacy, security, integrity or confidentiality with respect to the unauthorized creation, collection, receipt, storage, maintenance, access,
modification, transmission, use or disclosure (a “State Breach”) of Privacy Restricted Data that is or may be in violation of any State Privacy
Laws.
(c) Notification. DBI shall notify the Privacy Official (using the procedures that apply to Breaches of Unsecured PHI
under Section 2.8(c)) of any State Breaches by or on behalf of DBI of Privacy Restricted Data that is or may be in violation of any State Privacy
Laws. In addition, DBI shall also notify the affected Plan participants and beneficiaries (using the procedures that apply to Breaches of
Unsecured PHI under Section 2.8(b)) of any State Breaches by or on behalf of DBI of Privacy Restricted Data that is in violation of any State
Privacy Laws and any state or local governmental agencies, authorities or other entities, but only to the extent required by such State Privacy
Laws.
(d) HIPAA Coordination. The parties acknowledge that in certain situations the provisions of both Section 2.8 and this
Section 8.9 shall apply. If both Sections 2.8 and 8.9 apply in a given situation, DBI shall comply with both Sections 2.8 and 8.9 to the extent
applicable.
8.10 Obligation of Plan and DBI. To the extent that DBI carries out the HIPAA obligations of the Plan (including the obligations
set forth in Section 2.8 and Article III), DBI shall comply with the applicable requirements of HIPAA as they apply to the Plan in the
performance of such obligations on behalf of the Plan.
Page 44 of 44
Meridian City Council Meeting
DATE: November 28-2017 ITEM NUMBER: 8A
PROJECT NUMBER:
ITEM TITLE:
Republic Services and SWAC Report on Changing Market
Conditions for Recycling Mixed Plastics
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: November 28-2017 ITEM NUMBER: 8B
PROJECT NUMBER:
ITEM TITLE:
Community Development Block Grant Program Consolidated
Annual Performance and Evaluation Report for Program Year
2016
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Program Year 2016 - Year in Review:
Consolidated Annual Performance &
Evaluation Report (CAPER)
PY2016 CAPER is…
•An evaluation of performance in relation to 2012-2016 Consolidated Plan,
•An accounting for use of financial and other resources,
•A review of program procedures and processes,
•An examination of timeliness and effectiveness of programs,
•An explanation of decisions made in the program, and
•A recognition of program accomplishments and goals met or not met…
…during the 2016 Program Year (October 1, 2016 - September 30, 2017)
CDBG PROJECTS - Completed
Program Administration (salaries, supplies, etc.) - $16,339.78
Meridian Food Bank Hunger Relief Program - $36,448.00
2017-2021 Consolidated Plan - $35,130.00
Senior Resource Guide - $5,000.00
ACHA Homebuyer Assistance - $65,000.00
Storey Park Restroom Accessibility Upgrade - $65,834.56
CDBG PROJECTS – Currently Open
*Boys & Girls Club Scholarship Program - $10,000.00
*Streetlight Design & Construction - $40,424.75
*MDC Downtown Sidewalk Design - $32,665.63
*Jesse Tree Homelessness Prevention - $3,238.00
*NeighborWorks Boise Homebuyer Assistance - $30,013.49
*Slum & Blight Plan - $19,500.00
*Meridian Elementary Picnic Shelter/Field Re-seed - $13,795.79
Current CDBG Projects
Streetlights
(2015 & 2016)
Meridian
Elementary
Picnic Shelter
Slum & Blight
Plan
NWB
Homebuyer
Assist.
MDC
Sidewalk
Design
Jesse Tree
Rental
Assist.
$141,095.25/$125,000.00 $66,204.21 $0.00
$30,000.00 $27,334.37 $3,762.00
CDBG Program Accomplishments
Consolidated Plan Outcome Achievements
Decent Housing with Purpose of New or Improved Affordability (DH-2)
Specific Objective Program Year Performance
Indicators
Expected
Number
Actual Number Percent
Completed
DH2.
1
Address the need for
affordable housing by
supporting a homebuyer
assistance program for
qualifying households.
2012
2013
2014
2015
2016
Households 3
1
1
1
1
3
2
7
4
100%
>100%
%
>100%
>100 %
MULTI-YEAR GOAL 7 16 >100%
Suitable Living Environment with Purpose of New or Improved Availability/Accessibility (SL-1)
SL2.1 Support public service
activities that serve the
city’s LMI residents.
2012
2013
2014
2015
2016
People/Residents 2,000
2,000
2,000
2,000
2,000
65,000
59,000
55,000
52,000
7,782
>100%
>100%
>100%
>100%
>100%
MULTI-YEAR GOAL 10,000 238,782 >100 %
Suitable Living Environment with Purpose of New or Improved Sustainability (SL-3)
SL3.1 Invest in public facility
improvements that serve
person with special needs
and low income residents
or are located in LMI
areas.
2012
2013
2014
2015
2016
Public Facilities 1
0
1
0
1
0
1
3
1
1
0%
>100%
>100%
100%
100 %
MULTI-YEAR GOAL 3 5 >100%
CDBG Program – Other Activities
CDBG Program – PY2017 Program Goals
•Maintain timely distribution of funds and meet deadlines
•Revamp project monitoring processes
•Improve procedures to analyze risk, labor, and cost of proposed projects
•Introduce enhanced organization into administrative aspects of the program to ensure
compliance and efficiency
•Work to actively complete 2017-2021 Consolidated Plan goals
•Further expand participation, partnership, and conversation with regional groups
CAPER Public Process
Public Comment Period is now
open from November 28th –
December 19th.
Public Hearing will take place on December 19th
where the finalized report will be presented for
adoption.
Questions?
Item #9A: East Ridge Estates (H-2017-0129)
Application(s):
Annexation and Zoning
Preliminary Plat
Size of property, existing zoning, and location: This site consists of 40.99 acres of land, zoned RUT, located north of E. Lake Hazel
Road, west of S. Eagle Road
Adjacent Land Use & Zoning:
1. North: Single-family residential properties in Black Rock Subdivision, zoned R-4; Undeveloped residential property zoned RUT
in Ada County.
2. East: One single-family residential property and undeveloped property, both zoned RUT in Ada County.
3. South: E. Lake Hazel Road, and undeveloped property zoned RUT in Ada County.
4. West: One single-family residential property zoned RUT.
History: In March of 2017, this application was remanded back to the Planning and Zoning Commission in order for the applicant to
work with the surrounding property owners. The previous plan included 117 single family lots on 40.99 acres in the proposed R-8
zoning district with a gross density of 2.85 dwelling units per acre.
Comprehensive Plan FLUM Designation: LDR/MDR
Summary of Request: The applicant has applied for annexation and zoning of 40.99 acres of land with R-4 and R-15 zoning districts.
Staff believes the proposed zoning designations are consistent with the policies in the Comprehensive Plan.
The applicant proposes to develop 139 new single-family residential detached homes on 40.99 acres of land as shown on the
preliminary plat.
Previous Plat: The previous plat consisted of 117 building lots and 14 common lots on 40.99 acres of land in a proposed R-8 zoning
district. The property was proposed to develop in 5 phases. The gross density for the subdivision was 2.85 d.u./acre. The lot s ranged in
size from 6,600 square feet to over 12,500 square feet, with an average lot size of 9,475 square feet.
Current Plat: The proposed plat consists of 139 building lots and 7 common lots on 40.99 acres of land in a proposed R-4 and R-15
zoning districts (see Exhibit A.2). The property is proposed to develop in 3 phases, (see Exhibit A.2). The gross density for the
subdivision is 3.39 d.u./acre. The lots range in size from 5,313 square feet to over 12,500 square feet, with an average lot size of
36,726 square feet.
The applicant is proposing to develop the East Ridge Estates Subdivision in three (3) phases. Phase 1 is to commence off the stub
street from E. Cyanite Drive and generally continue from the north to the south. In general staff is supportive of the proposed phasing
plan.
Access is proposed for this site via one access from E. Lake Hazel Road and via the extension of an existing stub street from
Blackrock Subdivision (E. Cyanite Drive).
The majority of the proposed streets depicted on the plat are public, with the exception of the streets through what the applicant is
calling “The Village,” an age-restricted community.” These cottages will feature private streets with multiple common driveways. With 98
residential home lots in The Village Cottages, the applicant has provided two gated entries for the residents, the main entrance off of
the primary subdivision road and a secondary on the north side with quick access to the existing E. Cyanite Drive stub. The private
streets will be owned and operated by The Village Home Owners Association with repairs and maintenance paid for by association
fees.
The applicant is proposing to install two (2) gates to restrict vehicular movement to the private street to those who live within that area
of the development.
The applicant is requesting alternative compliance to allow for a common driveway off of a private street, and also to remove
the requirement that two additional pedestrian/bicycle access points be included on a private street. The applicant’s request
to have a common driveway off of a private street is approved by the Director.
A total of 4.32 acres (or 10.54%) of qualified open space is proposed consisting of ½ the street buffer along E. Lake Hazel Road, open
space that exceeds 50’ X 100’, and 8-foot wide parkways along the local streets. and internal common open space areas which appear
to comply with this requirement. The applicant intends to have separate amenities for the age restricted (R-15) portion of the project.
Based on the area of the preliminary plat (40.99 acres), staff requires a minimum of 2 qualified site amenities be provided. The
applicant proposes to provide amenities specific to the Village Concept and other amenities that would be for the use of the estate lots
as well as the Village concept. The amenities specific to the Village concept include a clubhouse, sitting areas and a large common lot.
Amenities that would be shared by both the estate lots and the Village concept include a neighborhood park that includes a la rge
grassy area, a shade structure and sitting areas.
The applicant has submitted some conceptual sample building elevations for future homes in this development. Building materials
appear to consist of a mix of board and batten, stucco and horizontal lap siding with shake shingle and stone accents.
Design Review (DES): A DES application is required to be submitted prior to issuance of building permits for the single family attached
homes. The applicant must comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian
Design Manual.
Commission Recommendation: Approval
Summary of Commission Public Hearing:
i. In favor: Jim Conger (Applicant), Kathi Baumgartner,
ii. In opposition: Susan Karnes, Jim Stroo, Christine Herwy, Annette Alonso, Commenting: Susan Karnes, Jim
Stroo, Christine Herwy, Annette Alonso, Kathi Baumgartner,
iii. Written testimony: Susan Karnes, Susan and Ted Bohlman, Melody Wheeler, Meridian South Rim Coalition, Jim
Stroo, Kathi Baumgartner
iv. Staff presenting application: Josh Beach
v. Other staff commenting on application: None
Key issue(s) of Public Testimony:
i. Additional traffic through the existing Black Rock Subdivision and out to Eagle on Taconic;
ii. Density of the overall development;
iii. Feasibility of having age-restricted housing in this location;
iv. Proposal to use City water for irrigation purposes due to the lack of water rights for the land;
v. Council (in a previous hearing) asked the applicant to come back with an R-4 project, this is not an all R-4
project;
vi. Size of the proposed lots up against the large Black Rock lots;
vii. Appropriateness of placing the slope in an easement rather than in a common lot, and what the “natural
vegetation”;
Key Issues of Discussion by Commission:
i. The average size of the lots that would be adjacent to Black Rock lots;
ii. Open space and proximity to the proposed city park;
iii. The transition from the surrounding neighborhoods and the transition from the proposed age-restricted lots;
Commission Change(s) to Staff Recommendation:
i. None
Outstanding Issue(s) for City Council:
i. Remove condition 1.1.1e.
ii. Remove condition 1.1.2k.
Written Testimony since Commission Hearing: Chris and Marci Rood, Joe Baldwin, Laddie Tlucek, Doug Wheeler, Melody
Wheeler, Annette Alonso, Jim and Christine Herwy, Bob and Debbie Brain, Pat and Cliff Looney, David Blomberg, Lani Wageman,
Susan Karnes, Andrea Tlucek, Amy Anderson, Susanna and Theodore Bohlman, Ray Patel, Jake and Amy Anderson, -Issues of
concern are Density of the 55 and over portion of the property, traffic concerns, lack of water rights to the property/request to use city
treated water for irrigation purposes, lack of transition from the estate lots to the north, increase in the number of buildable lots, among
others.
Notes:
Possible Motions:
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2017-0129, as presented in the staff
report for the hearing date of November 28, 2017, with the following modifications: (Add any proposed modifications to conditions)
Denial
After considering all staff, applicant and public testimony, I move deny File Number H-2017-0129, as presented during the hearing
on November 28, 2017, for the following reasons: (You should state specific reasons for denial)
Continuance
I move to continue File Number H-2017-0129 to the hearing date of (insert continued hearing date here) for the following
reason(s): (You should state specific reason(s) for continuance)
Item #9B: Movado Greens (H-2017-0104)
Application(s):
Rezone
Conditional Use Permit Modification
Development Agreement Modification (2)
Preliminary Plat
Size of property, existing zoning, and location: This site consists of approximately 23.506 acres of land, zoned C-G, located on the
south side of E. Overland Road between S. Topaz Way and S. Cloverdale Road
Adjacent Land Use & Zoning:
1. North: E. Overland Road and single family homes in Rolling Hills Subdivision, zoned R1 and RUT in Ada County
2. East: Commercial property, zoned R-1B in Boise
3. South: Platted single family lots currently under development in the Movado Estates Subdivision, zoned R-15.
4. West: Commercial property in the Silverstone Business Park, zoned C-G
History: In 2016, this project was granted a comprehensive plan map amendment, annexation and zoning of 102.69 acres of land from
RUT to the R-8 and R15; and a preliminary plat consisting of 430 single-family residential lots and 39 common lots and 9 other lots on
approximately 102.69 acres in the R-8 and R-15 zoning districts.
Also in 2016, a conditional use permit was approved for a 312 unit multi-family development on 13.51 acres of land.
Comprehensive Plan FLUM Designation: MU-R
Summary of Request:
The applicant has applied to rezone approximately 11.08 acres of land from C-G to the R-15 zoning district. The applicant is requesting
to reduce the acreage and the number of units of the previously approved Silverstone Apartment project. The proposed zoning is
consistent with the policies in the Comprehensive Plan.
Under the existing zoning (C-G), the proposed multi-family development is a conditional use. The use was previously
approved in 2016 (H-2016-0060) and the applicant now desires to reduce the footprint of the apartments in order to plat
additional single family lots south of the multi-family and commercial lots .
In conjunction with the request to rezone a portion of property from C-G to R-15, the applicant is requesting to reduce the
acreage of the project from 13.52 to 5.7 acres; the number of apartment units and layout for the previously approved
Silverstone Apartment project (H-2016-0060).
An MCU is requested to reduce the acreage of the apartment project from 13.51 acres to 5.71 acres; to reduce the number of units
from 312 to 112 units and to modify the site design and amenities included in the plat. The applicant is reducing the amenities package
from a 1) clubhouse, 2) fitness facility (in the clubhouse), 3) a swimming pool, 4) a children’s play structure, 5) a 50’x 100’ open grassy
area, a 6) enclosed bicycle storage (within the clubhouse), with the capability of storing approximately 60 bicycles, and 7) a business
center (within the clubhouse), to a 1) clubhouse, 2) a children’s play structure, and a 3) sports court. The applicant shall provide two
more amenities, at least one amenity from the open space category and then one additional qualified amenity of their choice.
The multi-family residential development as proposed consists of 112 dwelling units within (8) 3-story structures on 5.71 acres
of land. The units will consist of 72 2-bedroom units and 40 1-bedroom units containing 500s.f. and 1,200 s.f. respectively. A
clubhouse is proposed that will contain a leasing office, and the mail center. Associated carport structures (19) are also
proposed.
The applicant shall show on both the plat and the Silverstone Apartments site plan the Idaho Power easement that exists
along Overland Road.
Because all of the proposed units (112) contain between 500 and 1,200 square feet of living area, a minimum of 28,000 s.f.
(or 0.64 of an acre) of common open space is required to be provided. A total of 1.24 acres of passive and active open space
is proposed. Common open space is required to be a minimum of 400 s.f. in area with a minimum length and width
dimension of 20 feet. The calculations table depicts 54,200 s.f. of common open space is proposed.
Because 112 units are proposed, the Commission should determine if the number of amenities is proportionate to the size of
the proposed development each from at least one from each category (i.e. quality of life, open space, recreation). The
applicant proposes to provide the following amenities: 1) clubhouse, 2) a children’s play structure, 3) sports court. The
applicant has provided three qualified amenities for the development. Multi-family projects of this size are required to provide
five (5) amenities which include one amenity from each of the three categories as mentioned above. The applicant shall
provide at least one amenity from the open space category and then one additional qualified amenity of their choice.
The applicant is requesting to modify two (2) development agreements with the subject application. The first one is to modify
the Silverstone Apartment DA that tied the site to a 312-unit apartment complex. And the second is to amend the DA
approved with the Movado Estates Subdivision. (See Slide)
A preliminary plat consisting of 96 single-family residential lots, 7 common lots and 7 commercial lots on approximately 24.23 acres in
the proposed R-15 zoning district is proposed on approximately 10.93 acres of land for the Movado Greens Subdivision.
A minimum 35-foot wide street buffer is required along E. Overland Road and a 20-foot wide street buffer is required along S.
Movado Way, a collector street.
There is one common driveway proposed. The applicant is proposing Lots 36-39 of Block 1, to take access from a common
driveway.
The primary entrance for the multi-family development is from E. Overland Road. The applicant has also proposed cross-
access to the future commercial development to the east. Though direct access to Overland Road was granted with the
previous Conditional Use Permit approval, the applicant is required to obtain approval of that access again, for this
application in accord with UDC 11-3A-3.
The primary access to the single-family subdivision will be from S. Movado Way. The applicant is also proposing an
emergency access through the proposed Silverstone Apartment project.
The applicant is proposing .83 acres (7.60%) of open space for the development. The applicant is proposing to modify the
existing development for Movado Estates to include these 96 lots within that development. The Movado Estates subdivision
provided 15.41 acres (15%) open space for the development, so staff is of the opinion that with the inclusion of this plat into
the overall Movado Estates Subdivision, that this development meets the 10% open space requirement. The applicant is also
proposing three (3) amenities for the subdivision that include a 1) play structure, 2) a walking path and a 3) sports court. The
proposed amenities appear to meet the requirements for common open space and site amenities set forth UDC 11-3G.
Three trash enclosures are depicted on the site. The number of enclosures, sizes and locations should be approved by
Bob Olsen, Republic Services. A detail of the trash enclosures should be submitted with the Certificate of Zoning
Compliance application(s).
Multi-family Building Elevations: Building elevations were submitted for the multi-family structures and clubhouse. The applicant did
not provide elevations of the carports.
Building materials for the clubhouse consist of fiber cement horizontal lapped siding and Portland cement stucco with architectural
laminated fiberglass roof shingles; stone veneer is listed in the notes as a material but is shown in error per the applicant.
Building materials for the multi-family structures consist primarily of fiber cement horizontal lapped siding with Portland cement stucco
accents and architectural laminated fiberglass roof shingles.
Single-family Building Elevations: The applicant has submitted some conceptual sample building elevations for future homes in this
development. Building materials appear to consist of a mix of board and batten and horizontal lap siding and stone accents.
Commercial Building Elevations: The applicant did not provide elevations of the commercial buildings. The commercial lots will need
to be added to the Silverstone Apartments development agreement and as such, staff required a concept plan for the commercial lots.
Building elevation will be required to meet the requirements of the design standards manual. Staff will review the site improvements
and architecture of those building at the time of certificate of zoning compliance.
Certificate of Zoning Compliance: The applicant is required to obtain approval of a Certificate of Zoning Compliance application for
establishment of the new use and to ensure all site improvements comply with the provisions of the UDC and the conditions in this
report prior to application for building permits, in accord with UDC 11-5B-1.
Design Review (DES): A CZC and DES application is required to be submitted prior to issuance of building permits for the single
family attached homes, the multi-family structures and the clubhouse. With the submittal of the DES application, the applicant shall
submit a master site plan that designates the design, color schemes and variations for each unit. The applicant must comply with the
design standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual.
Commission Recommendation: Approval
Summary of Commission Public Hearing:
i. In favor: Jim Conger (Applicant)
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: None
v. Staff presenting application: Josh Beach
vi. Other staff commenting on application: None
Key issue(s) of Public Testimony:
i. None
Key Issues of Discussion by Commission:
i. The number and type of proposed amenities for the apartment project and the single family development;
ii. The number of parking spaces for the multi-family portion;
iii. How the multi-family portion of the project will be accessed now and in the future with the proposed commercial
lots to the east;
Commission Change(s) to Staff Recommendation:
i. None
Outstanding Issue(s) for City Council:
i. None
Written Testimony since Commission Hearing: None
Notes:
Possible Motions:
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2017-0104, as presented in the staff
report for the hearing date of November 28, 2017, with the following modifications: (Add any proposed modifications to conditions)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0104, as presented during the
hearing on November 28, 2017, for the following reasons: (You should state specific reasons for denial)
Continuance
I move to continue File Number H-2017-0104 to the hearing date of (insert continued hearing date here) for the following
reason(s): (You should state specific reason(s) for continuance)
City Council Meeting
November 28, 2017
Item #9A: East Ridge Estates Subdivision-
Preliminary
Plat
Landscape Plan
Elevations
Development Agreement provisions
►a. Except the public street access to E. Lake Hazel Road from East Ridge Avenue, direct lot access to E. Lake Hazel Road, an
arterial street, is prohibited in accord with UDC 11-3A-3.
►b. Future development of this site shall be generally consistent with the preliminary plat and building elevations depicted in
Exhibit A and the revisions noted in the staff report.
►c. The applicant shall comply with the submitted home elevations attached in Exhibit A.4. The rear and/or side of structures
that face arterial or collector streets (Lots 2-5 of Block 1, Lots 55, 56, 59, 60, 63, 64, 67, 68, 71 and 72 of Block 2), shall
incorporate articulation through changes in two or more of the following: modulation (e.g. – projections, recesses, step-
backs, pop-outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up
monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt
from this requirement.
►d. The site shall develop with a minimum of 10.54% open space (4.32 acres) and shall include the following amenities specific
to the Village Concept and other amenities that would be for the use of the estate lots as well as the Village concept. The
amenities specific to the Village concept include a clubhouse, sitting areas and a large common lot. Amenities that would be
shared by both the estate lots and the Village concept include a neighborhood park that includes a large grassy area, a
shade structure and sitting areas.
►e. The applicant shall provide a children’s play structure in the common lot located in the R-4 portion of the project. The
proposed amenities appear to meet the requirements of the UDC.
►f. Timing for the construction of the amenities is proposed as shown on the phasing plan in Exhibit A.2.
►g. The 5-foot detached sidewalk and 25 foot landscape buffer along E. Lake Hazel Road shall be constructed with the first
phase of development.
Item #9B: Movado Greens Subdivision
Preliminary
Plat
Landscape Plan
Landscape Plan
Conceptual Development Plan
Elevations
Elevations
Elevations
Silverstone Development Agreement provisions
►a) Future development of this site shall substantially comply with the concept plan, site plan, landscape plan and
architectural elevations included in Exhibit A and the conditions contained herein.
►b) A maximum of 112 residential dwelling units shall be constructed within this development.
►c) Future development shall comply with the design standards listed in UDC 11-3A-19 and the City of Meridian
Architectural Standards Manual.
►d) A 35-foot wide street buffer is required to be constructed along E. Overland Road, an entryway corridor, with
the first phase of development and prior to issuance of the first Certificate of Occupancy for the site.
Landscaping is required to be installed within the buffer in accord with the standards listed in UDC 11-3B-7C.
►e) Site amenities shall be provided as follows: 1) clubhouse, 2) a children’s play structure, and 3) sports court.
The applicant shall provide at least one amenity from the open space category and then one additional
qualified amenity of their choice, in accord with the standards listed in 11-4-3-27D.
►f) Cross-access shall be granted to the properties to the east and emergency access shall be provided to the
south for future inter-connectivity. The recorded cross access agreement shall be submitted with the first
certificate of zoning compliance application.
►g) The commercial lots are subject to certificate of zoning compliance and design review prior to issuance of a
building permit.
►h) The applicant shall have the ability to obtain multi-family building permits prior to recording the final plat.
Movado Estates Sub. Development Agreement provisions
Page 1
►a) Future development of this site shall be consistent with the preliminary plat, landscape plan and
building elevations attached in Exhibit A and the revisions noted in the staff report.
►b) The Movado Greens Subdivision shall have the rights to use the open space and amenities
approved with the Movado Estates Project and the residents of Movado Estates shall have the
rights to use the amenities approved with the Movado Greens Subdivision.
►c) The applicant shall construct the pedestrian crossing over the Ridenbaugh Canal with Phase 5A as
shown on the phasing plan dated 09/07/2016.
►d) Two (2) of the common driveways included in the plat are also being used as emergency access
for the fire department (Lots 71, 72 and 73 and Lots 48, 49 and 50, Block 2). These two
(2) common driveways shall be striped and signed as “No Parking.”
►e) The applicant shall construct an additional portion of 10-foot multi Use pathway that starts at the
south east corner of the property and runs through the proposed subdivision and through
the park located at Lot 1, Block 3 to connect with the proposed multi-use pathway on the
south side of the Eight Mile Creek.
Movado Estates Sub. Development Agreement provisions
Page 2
►f) The applicant shall comply with the submitted home elevations attached in Exhibit A.5. The rear
and/or side of structures that face E. Cloverdale Road (Lots 25-31, Block 2) shall incorporate
articulation through changes in two or more of the following: modulation (e.g. – projections,
recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types or other
integrated architectural elements to break up monotonous wall planes and roof lines that are
visible from the subject public street. Single-story structures are exempt from this requirement.
►g) The applicant shall obtain a waiver from City Council to UDC 11-3A-6A in order for the Eight Mile
Creek and Ridenbaugh Canal to remain open and not be piped due to the large capacity of their
facilities. If a waiver is not obtained, the waterway is required to be piped.
►h) The 35 foot landscape buffer along W. Overland Road and the 20 foot landscape buffer along S.
Movado Way must be constructed with the first phase of development.
►i) Construct the entire landscape buffer along W. Overland Road, including replacing the existing
gravel with vegetation in accord with UDC 11-3B-7C;
►j) The applicant shall construct the entry gatehouse and monuments as proposed.
Meridian City Council Meeting
DATE: November 28-2017 ITEM NUMBER: 9A
PROJECT NUMBER: H-2017-0129
ITEM TITLE: East Ridge Estates Subdivision
Public Hearing for East Ridge Estates Subdivision (H-2017-0129)
by DevCo, LLC located north of E. Lake Hazel Road, west of S.
Eagle Road
1. Request: Annexation and Zoning of 40.99 acres of land with R-4
and R-15 zoning districts
2. Request: Preliminary Plat approval consisting of 139 building lots
and 7 common lots on 40.99 acres of land in a proposed R-8
zoning district
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
4824 W. Fairview Ave., Boise
Office 280.336.5355 Fax 208.336.2282
November 16, 2017
Meridian City Council
33 E. Broadway Ave.
Meridian, ID 83642
RE: East Ridge Estates – H-2017-0129
Dear Council Members:
We are pleased to submit this letter as our acknowledgement of our agreement with the
recommendations from City of Meridian Planning and Zoning Commission to the Staff Report
for the East Ridge Estates as approved at their October 19, 2017 hearing.
In order to address Meridian City Fire Department concerns we have modified the layout
for the Village lots and have reduced the overall unit count by two dwellings. Our original
Preliminary Plat totaled 139 lots this revised plat now has 137 lots. Please find updated copies of
the Preliminary Plat attached.
Based on our numerous meetings with, and input from the Meridian Southern Rim
Coalition and other neighbors, we have included the attached Exhibit “A” summarizing our
concessions too, and compromises with the surrounding neighbors. We are requesting that
Exhibit “A” be included in our approvals and the subsequent development agreement.
Thank you for your consideration of this matter.
Sincerely,
Jim D. Conger
Member
JC:ml
Attachments: Exhibit A
Preliminary Plat Dated 11.13.2017
Landscape Plans Dated 11.17.2017
11.16.2017
Page 2
EXHIBIT A
Entire Development:
• Adhere with the Site Plan dated November 13, 2017.
• The Development Agreement will restrict the total number of residential homes to 96 lots for the
Village housing and 41 homes for the Estate Lots.
• Zoning will be R – 4 for the Estate Lots and R – 15 for the Village neighborhood.
• Lake Hazel landscape to incorporate a 4 to 6-foot-tall berms. A majority (80%) of the berm will
be the requested 6 foot tall.
• Phase 1 will include the connection to Lake Hazel from E. Cyanite Drive.
• Construction access will be from Lake Hazel Road.
• Domestic Water will be looped to E. Cyanite Drive which will improve current domestic water
quality for existing homeowners on City Services.
• Grading – property will be graded from west to east such that the existing grade will be reduced
by not less than approximately 3’ from the western property line to the mid-point of the property
or further.
Village Product Area:
• Wrought Iron Fencing on the property line boundary with adjacent neighbor (at our west
boundary).
• A 1’ to 2’ berm for planting on our west boundary.
• A deciduous tree with a caliper size between 2 to 2.5 inches every 60 feet / an evergreen (blue
spruce) tree sized between 8 to 10 feet approximately every 60’ (i.e. a tree every 30 feet) with a
maximum growth height of 20 to 25 feet along west boundary.
• A grouping of 3 shrubs between every tree along west boundary.
• All product in the Village area is to be single level with a maximum roof height of 25 feet.
• All product in the Village area is to be age restricted.
• Setback of housing product to be 20’ from western property line.
6 Estate Lots (Lots 1-3, Block 3 and Lots 16-18, Block 2):
• Wrought Iron Fencing on the property line boundary with adjacent neighbor (at our west
boundary).
• A deciduous tree with a caliper size between 2 to 2.5 inches every 60 feet / an evergreen (blue
spruce) tree sized between 8 to 10 feet approximately every 60’ (i.e. a tree every 30 feet) with a
maximum growth height of 20 to 25 feet along west boundary.
• A grouping of 3 shrubs between every tree along west boundary.
• All 6 lots to be single level (This will require the Baumgartner Property to deed restrict 100’ of
their adjacent property to single level) with a maximum roof height of 25 feet.
• Rear Setbacks for Lots 1, 2 and 3, Block 3 shall be 45 feet.
• Side yard setbacks to be R-4.
• Set back of housing product to be 10’ from western property line.
Rim Estate Lots (Lots 6-23, Block 1):
• Adhere with the Site Plan dated November 13, 2017, which will include specified lot widths.
• Rear Setbacks for Lots 6-23 shall be 45 feet.
• Site yard setbacks shall be 7.5 feet for homes on the Rim.
LAKE HAZEL CORRIDOR
MERIDIAN UDC
Sky Mesa Subdivision
(H-2017-0068)
East Ridge Estates
(H-2017-0129)
Blackrock Subdivision
Cyanite Drive
E Mores Creek
MERIDIAN FUTURE LAND USE MAP
Allowable Density per Comp Plan:
213 Total Lots
•Low Density: 23 acres at 3 lots
per acre = 69 lots
•Medium Density: 18 acres at 8
lots per acre = 144 lots
East Ridge Estates:
137 Total Lots
•Low Density: 23 acres at 1.8 lots
per acre = 41 lots
•Medium Density: 18 acres at 5.4
lots per acre = 96
EAST RIDGE ZONING
45’ Rear and
7.5’ Setbacks
on Rim Lots
Open Vision
Iron Fence
Along West,
North and East
Boundary
Relocated
Neighborhood
Park
VILLAGE NEIGHBORHOOD
3,000 SQ. FT. SOCIAL CENTER
VILLAGE NEIGHBORHOOD
TRAFFIC
32% Reduction in Overall Traffic
Revised:
Previous:
DEVELOPMENT AGREEMENT – ADDED EXHIBIT
THANK YOU
TRAFFIC ROUTES
25 MPH
50 MPH
TYPICAL SECTIONS
LOTS ADJACENT TO BLACKROCK
EAST RIDGE ESTATES
CURRENT APPLICATIONS
VICINITY MAP
BLACKROCK PROPERTY BOUNDARY
SKY MESA
AREA MAP
77 ACRE REGIONAL PARK
EXISTING STUB ROAD FROM
BLACKROCK TO EAST RIDGE ESTATES
TACONIC DRIVE TRAFFIC CALMING
BLACKROCK SUBDIVISION
Residential Sq. Ft.: 2,572 to 5,757
(with one at 7,747) 300%
Value: $412,300 to $875,000 –
212%
NORTHEAST CORNER
MERIDIAN CITY CODE
11
CITY OF MERIDIAN
CITY COUNCIL
PUBLIC HEARING SIGN -IN SHEET
Date: November 28, 2017 Item #
Project Number:
H-2017-0129
Project Name: East Ridge Subdivision
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CITY OF MERIDIAN
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Date: November 28, 2017 Item #
Project Number:
Project Name:
H-2017-0129
East Ridge Subdivision
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Date: November 28, 2017 Item #
Project Number:
H-2017-0129
Project Name: East Ridge Subdivision
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East Ridge Subdivision
November 28, 2017
Dawn Murphy Stroo
2495 E Cyanite Dr
Meridian, ID 83642
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RECEIVED AUG 22 2017
FORM 202 R 16 APR 2017 VVATER STATE OVV&A W RESOURCES G ON [dent No3��
R E C E 1 V F D wA, G,�E> DEPARTMENT OF WATER RESOURCES
APR 2 7 2417 APPLICATION FOR PERMIT
To appropriate the public waters of the State of Idaho
WATER RESOUFiCEg
WF+TEXN%?1applicant(s) C15 LLC Phone 208.336.5355
Name connector (clieck one): O and O or 0andlor
Mailing address 4824 W. Fairview Ave. City Boise
State Idaho Zip 83706 Email marcel@congergroup.com
2. Name of representative, if any Conger Management Group Phone 208.336.5355
Mailing address 4824 W Fairview Ave. City Boise
State Idaho Zip 83706 Email marcel@congergroup.com
a. p Send all correspondence for this application to the representative and not to the applicant OR
AQ�p►'( ❑ Send original correspondence to the applicant and copies to the representative.
�- C( The representative may submit Information for the applicant but is not authorized to sign for the applicant OR
L
0The representative is authorized to sign for the applicant Attach a Power of Attorney or other documentation.
3.rce of water supply Proposed new well which is a tributary of n/a
4. Location of point(s) of diversion,
M—MoRman n
r� �t
5. Water will be used for the following purposes:
Amount 0,223 cis for Irrigation purposes from Mar. 1 to Nov. 30 (both dates inclusive)
(crs or afrc-feet r cr )ear)
Amount for purposes from to (both dates inclusive)
(crs or acre-feet peryear)
Amount for purposes from to (both dates inclusive)
(cfs or Here -feet per )ear)
Amount for purposes from to (both dates inclusive)
(crs or nere-rect per year)
6. Total quantity to be appropriated is (a) 0.223 cubic feet per second (cfs) and/or (b) acre-feet per year (af).
7. Proposed diverting works:
a. Describe type and size of devices used to divert water from the source. need pump size
b. Height of storage dam n/a feet; active reservoir capacity n/a acre-feet; total reservoir capacity
n/a acre-feet. If the reservoir will be filled more than once each year, describe the refill plan in item 12. For
dams 10 feet or more in helght AND having a storage capacity of 50 acre-feet or more, submit a separate Application
for Construction or Enlargement of a New or Existing Dam. Application required? 0 Yes p No
c. Proposed well diameter is 6 Inches; proposed depth of well Is 340 feet.
d. Is ground water with a temperature of greater than 85°F being sought? Q Yes OO No
e. If well is already drilled, when? n/a ; drilling firm _
well was drilled for (well owner) ; Drilling Permit No.
Fr D partment Use
Received by vV 1 f Time (0'.lrb Preliminary check by
Fee $ r Receipted by Dat a Date ^11Z
r-
RECEIVED
APR 12 2017
FORM 202 R ins STATE OF IDAHO
R E C E 1 \lt t WATER R GIO�, DEPARTMENT OF WATER RESOURCES
APR 27 2017 APPLICATION FOR PERM u
To appropriate the public waters of the State of Idaho
WATER RESOURCE6
Ident. No. b T 34 —WA
WF,�TEAFe(i?applicant(s) C15 LLC Phone 208.336.5355
Name connector (check one); ❑ and ❑ or ❑ and/or
Mailing address 4824 W. Fairview Ave. City Boise
State Idaho ZIP 83706 Email marcel@congergroup.com
2. Name of representative, if any Conger Management Group Phone 208.336.5355
Mailing address 4824 W. Fairview Ave. City Boise
State Idaho ZIP 83706 Email marcel@congergroup.com
a. ❑✓ Send all correspondence for this application to the representative and not to the applicant OR
❑ Send original correspondence to the applicant and copies to the representative.
b. ❑ The representative may submit information for the applicant but is not authorized to sign for the applicant OR
0 The representative is authorized to sign for the applicant. Attach a Power of Attorney or other documentation.
3. Source of water supply Proposed new well which is a tributary of n/a
4. Location of point(s) of diversion:
5. Water will be used for the following purposes:
Amount 0.223 cfs for Irrigation purposes from
(cfs or acre-feet per year)
Amount for purposes from
(cfs or acre-feet per year)
Amount for purposes from
(cfs or acre-feet per year)
A
Mar. 1 to Nov. 30 (both dates inclusive)
to (both dates inclusive)
to (both dates inclusive)
mount for purposes from to (both dates inclusive)
(cfs or acre-feet per year)
6. Total quantity to be appropriated is (a) 0.223 cubic feet per second (cfs) and/or (b) acre-feet per year (af).
7. Proposed diverting works:
a. Describe type and size of devices used to divert water from the source. need pump size
b. Height of storage dam n/a feet; active reservoir capacity n/a acre-feet; total reservoir capacity
n/a acre-feet. If the reservoir will be filled more than once each year, describe the refill plan in item 12. For
dams 10 feet or more in height AND having a storage capacity of 50 acre-feet or more, submit a separate Application
for Construction or Enlargement of a New or Existing Dam. Application required? ❑ Yes 0 No
c. Proposed well diameter is 6 inches; proposed depth of well is 340 feet.
d. Is ground water with a temperature of greater than 85°F being sought? ❑ Yes p✓ No
e. If well is already drilled, when? n/a ; drilling firm
well was drilled for (well owner) ; Drilling Permit No.
Fr D rtment Use
Received by Dat ( (paTime 10'.600 Preliminary check by
Fee $ �i v Receipted by Receipt No. �(�%\S% Date �Z 1
Local name or tag #
VA
5. Water will be used for the following purposes:
Amount 0.223 cfs for Irrigation purposes from
(cfs or acre-feet per year)
Amount for purposes from
(cfs or acre-feet per year)
Amount for purposes from
(cfs or acre-feet per year)
A
Mar. 1 to Nov. 30 (both dates inclusive)
to (both dates inclusive)
to (both dates inclusive)
mount for purposes from to (both dates inclusive)
(cfs or acre-feet per year)
6. Total quantity to be appropriated is (a) 0.223 cubic feet per second (cfs) and/or (b) acre-feet per year (af).
7. Proposed diverting works:
a. Describe type and size of devices used to divert water from the source. need pump size
b. Height of storage dam n/a feet; active reservoir capacity n/a acre-feet; total reservoir capacity
n/a acre-feet. If the reservoir will be filled more than once each year, describe the refill plan in item 12. For
dams 10 feet or more in height AND having a storage capacity of 50 acre-feet or more, submit a separate Application
for Construction or Enlargement of a New or Existing Dam. Application required? ❑ Yes 0 No
c. Proposed well diameter is 6 inches; proposed depth of well is 340 feet.
d. Is ground water with a temperature of greater than 85°F being sought? ❑ Yes p✓ No
e. If well is already drilled, when? n/a ; drilling firm
well was drilled for (well owner) ; Drilling Permit No.
Fr D rtment Use
Received by Dat ( (paTime 10'.600 Preliminary check by
Fee $ �i v Receipted by Receipt No. �(�%\S% Date �Z 1
8. Description of proposed uses (if irrigation only, go to item 9):
a. Hydropower; show total feet of head and proposed capacity in kW. n/a
b. Stockwatering; list number and kind of livestock. n/a
c. Municipal; must complete and attach the Municipal Water Right Application Checklist.
d. Domestic; show number of households n/a
e. Other; describe fully. n/a
9. Description of place of use:
a. If water is for irrigation, indicate acreage in each subdivision in the tabulation below.
b. If water is used for other purposes, place a symbol of the use (example: D for Domestic) in the corresponding place
of use below. See instructions for standard symbols.
Total number of acres to be irrigated: 8.5
10. Describe any other water rights used for the same purposes as described above. Include water delivered by a municipality,
canal company, or irrigation district. If this application is for domestic purposes, do you intend to use this water, water from
another source, or both, to irrigate your lawn, garden, and/or landscaping? None.
11 a Who owns the property at the point of diversion? n/a
b. Who owns the land to be irrigated or place of use? Brace Family Revocable Trust
If the property is owned by a person other than the applicant, describe the arrangement enabling the applicant to make
this filing: Applicant is purchasing the property from Brace Family Revocable Trust,
12. Describe your proposal in narrative form, and provide additional explanation for any of the items above, Attach additional
pages if necessary. This is an application for new water rights in order to drill a new well for the purpose of irrigating
approximately 8.5 aces of common landscaped area.
13. Time required for completion of works and application of water to proposed beneficial use is 1 years minimum 1 year).
14. MAP OF PROPOSED PROJECT REQUIRED -Attach an 8%' x 11" map or maps clearly identifying the proposed point of
diversion, place of use, section #, township & range. The map scale shall not be less than two (2) inches equal to one (1)
mile.
The information contained in this application is true to the best of my knowledge. I understand that any willful
misrepresentations made in his application may result in rejection of the application or cancellation of an approval.
AAA '01��
Signature of A totni Signature of Applicant
Jim D. Conger
Print Name (and title, if applicable) Print Name (and title, if applicable)
Application for Permit Page 2
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CONGER MANAGEMENT GROUP
i..A=
April 25, 2017
State of Idaho
Department of Water Resources
Western Region
2735 Airport Way
Boise, Idaho 83705-5082
RE: East Lake Hazel Road Application for Permit
Parcel No.: S1132438500
Dear Sir or Madam:
RECEIVED
APR 2 7 2017
WATER RESOURCES
WESTERN REGION
Attached for your review and favorable consideration is our amended application based
on comments in the transmittal letter dated April 18, 2017.
The property is planned for development and an approval for a new groundwater well is
crucial to development of the property the meet the City of Meridian's development and
landscaping requirements.
Thank you for your attention to this matter, should you have any questions or require
additional information please contact me by phone at 208.336.5355 or via email at
marcel Acongergroup.com.
attachments
4824 W. Fairview Ave., Boise
Office 280.336.5355 0 Fax 208.336.2282
=a&, �-MFA-
&Wu
IV
lUrl
CONGER MANAGEMENT GROUP
April 10, 2017
State of Idaho
Department of Water Resources
Western Region
2735 Airport Way
Boise, Idaho 83705-5082
RE: East Lake Hazel Road Application for Permit
Parcel No.: S1132438500
Dear Sir or Madam:
RECEIVED
APR 2 7 2017
WATER RESOURCES
WESTERN REGION
ACF/
4% BEd
wFsAFso �41�
p�AF4��FS
Attached for your review and favorable consideration is our application for a new
groundwater well to serve a 40 -acre parcel located on East Lake Hazel Road, in Meridian, Idaho.
The property does not have irrigation water rights; therefore we submit this application on behalf
of the current and future land owner.
The property is planned for development and an approval for a new groundwater well is
crucial to development of the property the meet the City of Meridian's development and
landscaping requirements.
Thank you for your attention to this matter, should you have any questions or require
additional information please contact me by phone at 208.336.5355 or via email at
marcel@congergroup.com.
attachments
4824 W. Fairview Ave., Boise
Office 280.336.5355 0 Fax 208.336.2282
Annual Report for W 146346
Page 1 of 1
No. W 146346
Due no later than Jan 31, 2017
2• Registered Agent and Address
Annual Report Form
(No Po Box)
Return to:
]IM D CONGER
SECRETARY OF STATE
4824 W FAIRVIEW AVE
1. Mailing Address: Correct in this box if needed.
700 WEST JEFFERSON
C15 LLC
BOISE ID 83706
PO BOX 83720
JIM D CONGER
BOISE, ID 83720-0080
4824 W FAIRVIEW AVE
3. New Registered Agent Signature:*
BOISE ID 83706
NO FILING FEE IF
RECEIVED BY DUE DATE
4. Limited Liability Companies: Enter Names and Addresses of at least one Member or Manager.
Office Held Name
Street or PO Address
City State Country Postal Code
MEMBER ]IM D CONGER 4824 W FAIRVIEW AVE
BOISE ID USA 83706
S. Organized Under the Laws of:
6. Annual Report must be signed.*
ID
Signature: Brenda Murphy
Date: 12/20/2016
W 146346
Name (type or print): Brenda Murphy
Title: Manager
Processed 12/20/2016
* Electronically provided signatures are accepted as original signatures.
https://www.sos.idaho.gov/xt/?xp=%5C20161220%5CXMLPORTS_W 146346_161220091... 5/4/2017
Neely, Hachel
From: Neely, Rachel
.Dant: i iiday, 3epterriber 15, 2017 12:22 PM
To: 'ROI Legals'
Subject: Ada Legal Ads
Attachments: Ada Cover Letter.docx; Ada Legal Notice.docx
Good Morning Legal Clerk,
Please see the attached ads for publication on 9/21/2017 & 9/28/2017.
Please confirm these are okay to publish as shown.
Thank you,
Administrative Assistant I
IDWR-Western Region
2735 Airport Way Boise, ID 83705
Rachel.NeelV@idwr.idaho.eov
September 15, 2017
LEGAL NOTICE DEPARTMENT
IDAHO STATESMAN
PO BOX 40
BOISE, ID 83707
RE: Application for Permit No. 63-34219
Application for Permit No. 63-34220
Application for Permit No. 63-34275
Application for Permit No. 63-34364
Application for Permit No. 63-34421
Application for Transfer No. 81879
Application for Transfer No. 81213
Dear Legal Notice Department:
Please publish the enclosed legal notices on the dates indicated (once a week for two consecutive weekly issues). If
you cannot publish the notices on the proposed dates, please contact us immediately.
An affidavit of publication must be submitted to the Department along with the publication bill. Please send the
affidavit and bill to this office before 10/10/2017. Your cooperation is appreciated.
Sincerely,
Rachel Neely
Administrative Assistant
Enclosure(s)
The following applications have been filed to appropriate the public waters of the State of Idaho:
63-34219
RIVER STONE LLC
1500 W BANNOCK
BOISE, ID 83702
HERON LAKES DEVELOPMENT INC
2970 E RIVERNEST CT
BOISE, ID 83706
HERON RIVER HOMEOWNERS ASSOCIATION, INC.
9601 W STATE STSTE 203
BOISE, ID 83714
Points of Diversion SENW L2(NWSE) NENE S17 T04N R01W ADA County Source GROUND WATER Tributary BOISE RIVER
(3)Points of Diversion SENE S17 T04N R01W ADA County Source GROUND WATER Tributary BOISE RIVER
(2)Points of Diversion NWNW S16 T04N R01W ADA County Source GROUND WATER Tributary BOISE RIVER
Point of Diversion SWNW S 16 T04N R01W ADA County Source GROUND WATER Tributary BOISE RIVER
Use: AESTHETIC STORAGE 01/01 to 12/31 625 AF
Total Diversion: 625 AF
Date Filed: 4/19/2016
Place of Use: AESTHETIC STORAGE
T04N R01 W S 16 NWNW SWNW
T04N R01W S17 NENE SWNE SENE L3(NESW) L2(NWSE)
Water bearing zone to be appropriated is from 0 to 35 feet.
63-34220
RIVER STONE LLC
1500 W BANNOCK
BOISE, ID 83702
HERON LAKES DEVELOPMENT INC
2970 E RIVERNEST CT
BOISE, ID 83706
HERON RIVER HOMEOWNERS ASSOCIATION, INC.
9601 W STATE STSTE 203
BOISE, ID 83714
(2)Points of Diversion NWNW S16 T04N ROI W ADA County Source GROUND WATER Tributary BOISE RIVER
Use: AESTHETIC 11/01 to 03/310.5 CFS
Total Diversion: 0.5 CFS
Date Filed: 4/19/2016
Place of Use: AESTHETIC
T04N RO 1 W S 16 NWNW
Water bearing zone to be appropriated is from 0 to 200 feet.
63-34275
RIVER STONE LLC
1500 W BANNOCK
BOISE, ID 83702
HERON LAKES DEVELOPMENT INC
2970 E RIVERNEST CT
BOISE, ID 83706
Point of Diversion SENE S 17 T04N ROI W ADA County Source GROUND WATER Tributary BOISE RIVER
Use: AESTHETIC 01/01 to 12/310.5 CFS
Total Diversion: 0.5 CFS
Date Filed: 9/16/2016
Place of Use: AESTHETIC
T04N RO1W S16 SWNW
T04N RO 1 W S17 SENE
Water bearing zone to be appropriated is from 0 to 200 feet.
63-34364
C15 LLC
4824 W FAIRVIEW AVE
BOISE, ID 83706
Point of Diversion SWSE S32 T03N ROLE ADA County Source GROUND WATER
Use: IRRIGATION 03/01 to 11/30 0.22 CFS
Total Diversion: 0.22 CFS
Date Filed: 4/27/2017
Place of Use: IRRIGATION
T03N ROIE S32 SWSE
63-34421
AMELIA WHELAN
WILLIAM WHELAN
3949 N FALCON RIDGE LN
EAGLE, ID 83616
Point of Diversion SWNE S32 T05N ROIE ADA County Source GROUND WATER
Use: IRRIGATION 03/15 to 11/15 0.14 CFS
Total Diversion: 0.14 CFS
Date Filed: 7/25/2017
Place of Use: IRRIGATION
T05N ROLE S32 SWNE
Total Acres: 4.5
Water bearing zone to be appropriated is from 200 So 300 feet.
NOTICE OF PROPOSED CHANGE OF WATER RIGHT
TRANSFER NO. 81879
CITY OF BOISE, DEPT OF PARKS & RECREATION 1104 ROYAL BLVD, BOISE, ID 83706-2898; has filed Application
No. 81879 for changes to the following water rights within ADA County(s): Right No(s). 63-34438. This transfer proposes to add a
second point of diversion to the water right to be located in the same lot as the original point of diversion. The City plans to divert
water from a depth of 100 to 150 feet in the new well. The site is located on the southwest side of the intersection between W Franklin
Rd and S Orchard St in Boise Idaho.
NOTICE OF PROPOSED CHANGE OF WATER RIGHT
TRANSFER NO. 81213
PIONEER DITCH CO LTD, PO BOX 70, STAR, ID 83669; has filed Application No. 81213 for changes to the following water
rights within ADA County(s): Right No(s). 63-183. The purpose of the transfer is to change the nature of use from irrigation to
aesthetic storage by retiring 36 acres. This action will provide the required mitigation for consumptive losses associated with
Application for Permit 63-34219. Aesthetic storage water will be used within the current Pioneer Ditch Company place of use
boundary, 0.75 miles SE of Star.
Permits will be subject to all prior water rights. For additional information concerning the property location, contact Western Region
office at 208-334-2190; or for a full description of the right(s) or proposed transfer (s) please see www.idwr.idaho.gov. Protests may
be submitted based on the criteria of Idaho Code H 42-203A and 42-222. Any protest against the approval of the application(s) must
be filed with the Director, Dept. of Water Resources, Western Region, 2735 Airport Way, Boise, ID 83705 together with a protest fee
of $25.00 for each application on or before 10/10/2017. The protestant must also send a copy of the protest to the applicant.
GARY SPACKMAN, Director Published on 9/21/2017 and 9/28/2017
State of Idaho
® DEPARTMENT OF WATER "SOURCES
® Western Region - 2735 Airport Way - Boise, Idaho 83705-5082
Phone: (208) 331-2190 - Fan: (208) 334-2318 - Website: www.idwr.idalio.gov
C.L. "BUTCH" OTTER GAR SPAC "IAN
Goi ernor Director
September 14, 2017
C15 LLC
4824 W FAIRVIEW AVE
BOISE, ID 83706
Application for Permit No. 63-34364
Dear Applicant(s):
The Department of Water Resources has received your water right application. Please refer to the
number referenced above in all future correspondence regarding this application.
A legal notice of the application has been prepared and is scheduled for publication in the
IDAHO STATESMAN on 9/21/2017 and 9/28/2017. Protests to this application may be
submitted for a period ending ten (10) days after the second publication.
If the application is protested, you will be sent a copy of each protest. All protests must be
resolved before the application can be considered for approval. If the protest(s) cannot be
resolved voluntarily, the Department will conduct a conference and/or hearing on the matter.
If the application is not protested, the Department will process your application and notify you of
any action taken on the application. If your application is approved, the Department will send
you a copy of the permit.
Please contact this office if you have any questions regarding the application.
Sincerely,
Rachel Neely
Administrative Assistant
CC:
CONGER MANAGEMENT GROUP
4824 W FAIRVIEW AVE
BOISE, ID 83706
State of Idaho
®, DEPARTMENT OF WATER RESOURCES
A Western Region - 2735 Airport Way • Boise, Idaho 83705.5082
Phone: (208) 334-2190 • Fax: (208) 334-2348 • Website: nivw.idwr.idaho.gov
C.L. "BUTCH" OTTER GARS' SPACi MAN
Governor
Director
September 14, 2017
BRACE FAMILY REVOCABLE TRUST
1504 S NEWPORT ST
BOISE ID 83709
Re: Application for Permit No: 63-34364
Dear Interested Party:
The above referenced application may be of interest to you. I would like to inform ,you that the
application has been submitted to the Idaho Statesman for advertising. I have enclosed a copy of
the application for your convenience. This information is also available on our website
www.idwr.idaho.gov.
If you desire to file a formal protest against approval of the application, a written protest along
with the $25.00 protest fee must be received in this office by October 10, 2017. A copy of the
protest must also be sent to the applicant.
If you have any questions regarding the application, please contact this office at 208-334-2190.
Sincerely,
Rachel Neely
Administrative Assistant
Western Regional Office
Enclosures
Shearer, Justin
From: Marcel Lopez <marcel@congergroup.com>
Sent: Tuesday, August 22, 2017 1:30 PM
To: Shearer, Justin
Subject: RE: Application for Water Permit
Attachments: East Ridge - IDWR Application for Permit 08.22.2017.pdf
Follow Up Flag: Follow up
Flag Status: Flagged
Justin,
If you would please, lets proceed with applicant signing and we will submit on behalf of applicant. That will be easier.
Thank you,
Marcel Lopez
Conger Management Group
208.336.5355 — office
208.336.2282 — fax
From: Shearer, Justin[mailto:Justin.Shearer@idwr.idaho.gov)
Sent: Monday, August 21, 2017 3:46 PM
a o: Marcel Lopez <marcel@congergroup.com>
Subject: RE: Application for Water Permit
Good Afternoon Mr. Lopez,
I apologize for the delayed response.
As per the way the application is filled out currently (see attached), the selection chosen on Item 2. b. of the application
specifying that "the representative is authorized to sign for the applicant' it is my understanding that a Power of
Attorney would be required. However, if you do not intend on signing on behalf of the applicant and are just wishing to
submit information for the applicant then no additional representative documentation is needed.
Please let me know at your earliest convenience which way you would like to move forward on this.
Thanks and regards,
Justin Shearer
Idaho Department of Water Resources
Water Resource Agent
(208) 334-2190
iustin.shearer@idwr.idaho.eov
From: Marcel Lopez [mailto:marcel@consereroup.coml
Sent: Tuesday, August 08, 2017 1:54 PM
To: Shearer, Justin <Justin.Shearer@idwr.idaho.gov>
Subject: RE: Application for Water Permit
1AStifl
I am unfamiliar with IDWR's application process so I appreciate the clarification.
The instructions for the permit application only indicated for irrigation the "normal" maximum is 0.02 cfs/acre so I
presumed a higher rate is permissible. We can definitely provide justification for the increased rate. What does IDWR
need to see in a justification for the increased rate?
We are not accustomed to using a Power of Attorney for an authorized representative. Typically an Affidavit of Legal
Interest that grants authority to the representative is sufficient for most agencies. Would a Affidavit of Legal Interest be
sufficient for IDWR? I've attached an example required by the City of Meridian.
The property is under contract with the current land owner who is aware of our efforts to attain water rights so if the
closing has not occurred by the time the rights are finalized I don't believe it will be an issue to address the commitment
letter the owner at the time of advertising and our purchase agreement for the property does grant us legal access to
the property so I don't believe that will be an issue.
Marcel Lopez
Conger Management Group
208.336.5355 — office
208.336.2282 — fax
From: shearer, Justin[mailto:Justin.Shearer@idwr.idaho.eov]
Sent: Tuesday, August 8, 201712:02 PM
To: Marcel Lopez <marcel@coneergroup.com>
Subject: Application for Water Permit
u000 iwornnng,
I was recently assigned the application for permit submitted on behalf of your client C15, LLC. for review and several
issues have come to my attention pertaining to said application. First, 8.5 acres of irrigation are proposed, thus the max
allowable rate per department standards of 0.02 cfs/acre is 0.17 cfs. The Department can approve more than the
standard rate in the case that the applicant provides justification for increased rate/acres, but as it stands the
uepartment wouia proceed ay approving a permit for less than requested w/out any amendment needed. Should no
justification for increased rate is submitted, it will be assumed that the department standard of 0.17 cfs is satisfactory to
the applicant's needs.
Secondly, before the Department can accept Conger Management Group as an authorized representative for the
applicant C15 LLC. a copy of Power of Attorney will be needed.
Lastly, at the time of application and still currently according to Ada County Assessor records, the applicant does not
own the property for the proposed Place of Use (POU) and Point of Diversion (POD). As per Evaluation of Appropriation
Rules 045.01.c.i:
rhe applicant shall have legal access to the property necessary to construct and operate the proposed project, has the
authority to exercise eminent domain authority to obtain such access, or in the instance of a project diverting water from
or conveying water across land in state or federal ownership, has filed all applications for a right-of-way. Approval of
applications involving Desert Land Entry or Carey Act filings will not be issued until the United States Department of
Interior, Bureau of Land Management has issued a notice classifying the lands suitable for entry.
The department can proceed by sending a comment letter to the current landowner at time of advertising, however
before a permit can issued the above criterion of 045.01.c must be satisfied.
I look forward to working with you on this application, please let me know if you have any questions or concerns in
regards to this matter.
Justin 5heare;
Idaho Department of Water Resources
Water Resource Agent
(208) 334-2190
iustin.shearer@idwr.idaho.gov
State of Idaho
DEPARTMENT OF WATER RESOURCES
Western Region - 2735 Airport Way - Boise, Idaho 83705-5082
Phone: (208) 334-2190 - Fax: (208) 334-2348 - Website: www.idwr.idalto.gov
C.L. `BUTCH" OTTER GARY SPACKMAN
Governor
Director
April 18, 2017
CONGER MANAGEMENT GROUP
4824 W FAIRVIEW AVE
BOISE ID 83706
Re: Water Right Application Incomplete - Returned
Dear Applicant:
This office received your application on April 12, 2017. The application cannot be accepted into
the records of the Idaho Department of Water Resources (IDWR) until the following items are
addressed:
• Section 4- Point of Diversion(s) was not provided. Please include the township, range,
section, and quarter quarter description of where the well will be drilled.
• Section 14- the map must clearly identify the proposed point of diversion and place of
use. Please amend your map by outlining where you are planning on irrigating and
marking the point where the well will be drilled.
The original incomplete application is enclosed. Please make the necessary amendments to the
original form and re -submit within the next thirty (30) days. If IDWR does not receive your
written response within thirty (30) days, a refund will issued for this filing. This letter is an
attempt to ensure that your application is complete in order to establish a priority date. You may
receive future correspondence regarding more specific details of your application. IDWR forms
and other information are available on the Internet at www.idwr.idaho.ggov. Please consult the
IDWR website or contact this office at (208)334-2190 and ask for the "office day person" if you
have any questions about the necessary information.
Sincerely,
Western Region Water Rights Staff
Enclosure: Original Application
RECEIVED
APR 12 2017
FORM 202 Rev. 09/16 ST E Ident. No.
WATER RESOt1RCE: Imo/ o
WESTc-RN REGjo►, DEPAR URCEs
APPLICATI N O PERMIT
To appropriate the public waters of the State of Idaho
1. Name of applicant(s) C15 LLC Phone 208.336.5355
Name connector (check one): ❑ and ❑ or ❑ and/or
Mailing address 4824 W. Fairview Ave. City Boise
State Idaho ZIP 83706 Email marcel@congergroup.com
2. Name of representative, if any Conger Management Group Phone 208.336.5355
Mailing address 4824 W. Fairview Ave. City Boise
State Idaho ZIP 83706 Email marcel@congergroup.com
a. ❑p Send all correspondence for this application to the representative and not to the applicant OR
❑ Send original correspondence to the applicant and copies to the representative.
b. ❑ The representative may submit information for the applicant but is not authorized to sign for the applicant OR
❑ The representative is authorized to sign for the applicant. Attach a Power of Attorney or other documentation.
3. Source of water supply Proposed new well which is a tributary of n/a
4. Location of point(s) of diversion:
Twp Rge Sec Govt
'/. '/. '/s County Source Local name or tag #1
Lot
5. Water will be used for the following purposes:
Amount 0.223 cfs for Irrigation purposes from Mar. 1 to Nov. 30 (both dates inclusive)
(cfs or acre -feel per }ear)
Amount for purposes from to (both dates inclusive)
(cfs or acre-feet per year)
Amount for purposes from to (both dates inclusive)
(cfs or acre-feet per )ear)
Amount for purposes from to (both dates inclusive)
(cfs or acre-feet per )ear)
6. Total quantity to be appropriated is (a) 0.223 cubic feet per second (cfs) and/or (b) acre-feet per year (af).
7. Proposed diverting works:
a. Describe type and size of devices used to divert water from the source. need pump size
b. Height of storage dam n/a feet; active reservoir capacity n/a acre-feet; total reservoir capacity
n/a acre-feet. If the reservoir will be filled more than once each year, describe the refill plan in item 12. For
dams 10 feet or more in height AND having a storage capacity of 50 acre-feet or more, submit a separate Application
for Construction or Enlargement of a New or Existing Dam. Application required? ❑ Yes p No
c. Proposed well diameter is 6 inches; proposed depth of well is 340 feet.
d. Is ground water with a temperature of greater than 85°F being sought? ❑ Yes p No
e. If well is already drilled, when? n/a ; drilling firm
well was drilled for (well owner) ; Drilling Permit No.
FZr,7pa rtment Use
Received by �V Dat 1Time10% UO Preliminary check by
Fee $ Receipted by Receipt No. 1�(��5% Date 17
8. Description of proposed uses (if irrigation only, go to item 9):
a. Hydropower; show total feet of head and proposed capacity in kW. n/a
b. Stockwatering; list number and kind of livestock. n/a
c. Municipal; must complete and attach the Municipal Water Right Application Checklist.
d. Domestic; show number of households nla
e. Other; describe fully. n/a
9. Description of place of use:
a. If water is for irrigation, indicate acreage in each subdivision in the tabulation below.
b. If water is used for other purposes, place a symbol of the use (example: D for Domestic) in the corresponding place
of use below. See instructions for standard symbols.
���m�m�:mmmmm�mm�m�a
Total number of acres to be irrigated: 8.5
10. Describe any other water rights used for the same purposes as described above. Include water delivered by a municipality,
canal company, or irrigation district. If this application is for domestic purposes, do you intend to use this water, water from
another source, or both, to irrigate your lawn, garden, and/or landscaping? None.
11. a. Who owns the property at the point of diversion? n/a
b Who owns the land to be irrigated or place of use? Brace Family Revocable Trust
c. If the property is owned by a person other than the applicant, describe the arrangement enabling the applicant to make
this filing: Applicant is purchasing the property from Brace Family Revocable Trust,
12. Describe your proposal in narrative form, and provide additional explanation for any of the items above. Attach additional
pages if necessary. This is an application for new water rights in order to drill anew well for the purpose of irrigating
approximately 8.5 aces of common landscaped area.
13. Time required for completion of works and application of water to proposed beneficial use is 1 years minimum 1 year).
14. MAP OF PROPOSED PROJECT REQUIRED - Attach an 8'/2' x 11" map or maps clearly identifying the proposed point of
diversion, place of use, section #, township & range. The map scale shall not be less than two (2) inches equal to one (1)
mile.
The information contained in this application is true to the best of my knowledge. 1 understand that any willful
misrepresentations made in his application may result in rejection of the application or cancellation of an approval.
Signature of A Vnt Signature of Applicant
Jim D. Conger
Print Name (and title, if applicable) Print Name (and title, if applicable)
Application for Permit Page 2
Total number of acres to be irrigated: 8.5
10. Describe any other water rights used for the same purposes as described above. Include water delivered by a municipality,
canal company, or irrigation district. If this application is for domestic purposes, do you intend to use this water, water from
another source, or both, to irrigate your lawn, garden, and/or landscaping? None.
11. a. Who owns the property at the point of diversion? n/a
b Who owns the land to be irrigated or place of use? Brace Family Revocable Trust
c. If the property is owned by a person other than the applicant, describe the arrangement enabling the applicant to make
this filing: Applicant is purchasing the property from Brace Family Revocable Trust,
12. Describe your proposal in narrative form, and provide additional explanation for any of the items above. Attach additional
pages if necessary. This is an application for new water rights in order to drill anew well for the purpose of irrigating
approximately 8.5 aces of common landscaped area.
13. Time required for completion of works and application of water to proposed beneficial use is 1 years minimum 1 year).
14. MAP OF PROPOSED PROJECT REQUIRED - Attach an 8'/2' x 11" map or maps clearly identifying the proposed point of
diversion, place of use, section #, township & range. The map scale shall not be less than two (2) inches equal to one (1)
mile.
The information contained in this application is true to the best of my knowledge. 1 understand that any willful
misrepresentations made in his application may result in rejection of the application or cancellation of an approval.
Signature of A Vnt Signature of Applicant
Jim D. Conger
Print Name (and title, if applicable) Print Name (and title, if applicable)
Application for Permit Page 2
N
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CONGER MANAGEMENT GROUP
i ,
April 10, 2017
State of Idaho
Department of Water Resources
Western Region
2735 Airport Way
Boise, Idaho 83705-5082
RE: East Lake Hazel Road Application for Permit
Parcel No.: S1132438500
Dear Sir or Madam:
Attached for your review and favorable consideration is our application for a new
groundwater well to serve a 40 -acre parcel located on East Lake Hazel Road, in Meridian, Idaho.
The property does not have irrigation water rights; therefore we submit this application on behalf
of the current and future land owner.
The property is planned for development and an approval for a new groundwater well is
crucial to development of the property the meet the City of Meridian's development and
landscaping requirements.
Thank you for your attention to this matter, should you have any questions or require
additional information please contact me by phone at 208.336.5355 or via email at
marcel(@congergoup.com.
attachments
4824 W. Fairview Ave., Boise
Office 280.336.5355 0 Fax 208.336.2282
Meridian City Council Meeting
DATE: November 28-2017 ITEM NUMBER: 9B
PROJECT NUMBER: H-2017-0104
ITEM TITLE: Movado Greens Subdivision
Hublic Hearing for movado Greens SulDdivision - - y
DevCo, LLC located on the south side of E. Overland Road
between S. Topaz Way and S. Cloverdale Road
1. Request: Rezone of approximately 1 1.08 acres from C -G to the
R-15 zoning district;
2. Request: Preliminary plat consisting of 96 single family residential
lots, 6 commercial lots, and 7 common lots on approximately
24.23 acres in the proposed C -G and R-15 zoning district;
RPni i( -et• I)PvPInnmPnt nnrPPmPnt mnrlifirntinn to inrnrnnrntP the
MEETING NOTES
Col,')-fi�LZei to De(l. S )07
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Movado Greens
Movado
Greens
Movado
Estates
Urban Product
Neighborhood Park
Movado Estates Amenities
Thank you.
CITY OF MERIDIAN
CITY COUNCIL
PUBLIC HEARING SIGN -IN SHEET
Date: November 28, 2017 Item # 913
Project Number:
Project Name:
H-2017-0104
Movado Greens Subdivision
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23
Meridian City Council Meeting
DATE: November 28-2017 ITEM NUMBER: 9C
PROJECT NUMBER:
ITEM TITLE: Proposed Meridian Parks and Rec. Fees Updates
FulDlic Hearing for Proposed Meridian Parks and Recreation ee
Updates
1. Resolution No.: Adopting new recreational classes and
programming fees of the Meridian Parks & Recreation
Department; superseding previous recreational classes and
programming fees of the Meridian Parks & Recreation
Department; adopting a new fee for reservation of Kleiner Park for
special event half day; amending fee description For Kleiner Park
ChPItPr A-1 and R-1 nrill rPePrvntinne• rPnPnlinn fPP for fl III drill
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
CITY OF MERIDIAN RESOLUTION NO. � 7 - �O
BY THE CITY COUNCIL: BIRD, BORTON, CAVENER,
MILAM, PALMER, LITTLE ROBERTS
A RESOLUTION ADOPTING NEW RECREATIONAL CLASSES AND
PROGRAMMING FEES OF THE MERIDIAN PARKS & RECREATION
DEPARTMENT; SUPERSEDING PREVIOUS RECREATIONAL CLASSES AND
PROGRAMMING FEES OF THE MERIDIAN PARKS & RECREATION
DEPARTMENT; ADOPTING A NEW FEE FOR RESERVATION OF KLEINER PARK
FOR SPECIAL EVENT HALF DAY; AMENDING FEE DESCRIPTION FOR KLEINER
PARK SHELTER A-1 AND B-1 GRILL RESERVATIONS; REPEALING FEE FOR
FULL DAY KLEINER PARK SHELTER A-1 AND B-1 GRILL RESERVATIONS;
AUTHORIZING THE PARKS & RECREATION DEPARTMENT TO COLLECT SUCH
FEES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, following publication of notice according to the requirements of Idaho
Code section 63-1311A, on November 28, 2017, the City Council of the City of Meridian held a
hearing on the adoption of proposed fees adopted for recreational classes and programming
offered and administered by the Meridian Parks & Recreation Department, as set forth in Exhibit
A hereto;
WHEREAS, following such hearing, on November 28, 2017, the City Council, by
formal motion, did approve said proposed fees; and
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO:
Section 1. That fees for recreational classes and programming offered and administered
by the Meridian Parks & Recreation Department, as set forth in Exhibit A hereto, are hereby
adopted.
Section 2. That, as of the effective date of this resolution, the fees set forth in Exhibit,4
will supersede all previous fees and fee schedules previously adopted for recreational classes and
programming offered and administered by the Meridian Parks & Recreation Department.
Section 3. That the following new fee is hereby adopted:
Fee
Description
Current Fee
Adopted Fee
Julius M. Kleiner
Special Event Half Day
n/a — new fee
$250.00
Memorial Park
(Includes Shelter Al and
ass area
ADOPTION OF RECREATION CLASSES AND PROGRAMMING FEES PAGE 1 OF 3
Section 4. That, as of the effective date of this resolution, the description of the following
fees shall be amended as follows:
Fee
Description
Current Fee
Adopted Fee
Julius M. Kleiner
Memorial Park
Shelter A-1 and B-1 BBQ
Grills (per time bleek`
$50.00
$50.00
Section 5. That, as of the effective date of this resolution, the following fees shall be
repealed:
Fee
Description
Current Fee
Adopted Fee
Julius M. Kleiner
Memorial Park
Shelter A-1 and B-1 BBQ$75.00
Grills Full Day
n/a
Section 6. That the Meridian Parks & Recreation Department is hereby authorized to
implement and carry out the collection of said fees.
Section 7. That other than as specified in sections 3, 4, and 5 of this resolution, this
resolution shall not change or supersede any fee adopted pursuant to Resolution no. 17-2037,
adopting the FY 18 Citywide Fee Schedule.
Section 8. That this Resolution shall be in full force and effect immediately upon its
passage and publication.
ADOPTED by the City Council of the City of Meridian, Idaho this ? tday of
November, 2017.
APPROVED by the Mayor of the City of Meridian, Idaho, this Aday of November,
2017.
APPRO
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Tammy
Mayor V-1
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ATTEST:
C.jIfty Col , City Clerk
ADOPTION OF RECREATION CLASSES AND PROGRAMMING FEES PAGE 2 OF 3
ExhibitA
RECREATIONAL CLASSES AND PROGRAMMING FEES
ADOPTION OF RECREATION CLASSES AND PROGRAMMING FEES PAGE 3 OF 3
Fee
Description
Adopted Fee
Activity
Guide Class
Preschool Fun
$34.00
Activity
Guide Class
Preschool Fun Plus
$42.00
Activity
Guide Class
Dance Workshop for Beginners
$12.00
Activity
Guide Class
Beginning Hip Ho
$56.00
Activity
Guide Class
Beginning Ballet
$56.00
Activity
Guide Class
Beginning Contemporary
$56.00
Activity
Guide Class
Ballet, Tap, Jazz & Tumbling
$25.00 - $30.00
Activity
Guide Class
Motions Dance Cam
$22.00 - $25.00
Activity
Guide Class
Rec Cheerleading
$25.00 - $35.00
Activity
Guide Class
All Star Cheerleading
$35.00
Activity
Guide Class
Tumble & Twist
$35.00 - $40.00
Activity
Guide Class
Tumble & Flip
$45.00
Activity
Guide Class
Beginning Co aeira
$22.00 - $25.00
Activity
Guide Class
Kids Yoga
$48.00
Activity
Guide Class
Tween & Teen Yoga
$48.00
Activity
Guide Class
Girls Learn To Play Lacrosse Clinics
$18.00
Activity
Guide Class
Girls Learn To Play Lacrosse Academy
$50.00
Activity
Guide Class
Youth Co-ed Learn To Play Lacrosse Clinics
$27.00
Activity
Guide Class
Beginning Acting
$83.00
Activity
Guide Class
Theater Games
$79.00
Activity
Guide Class
Star Wars Art
$50.00
Activity
Guide Class
Acrylic Painting
$65.00
Activity
Guide Class
Mimic The Masters
$65.00
Activity
Guide Class
Drawing Faces
$55.00
Activity
Guide Class
Drumline
$50.00
Activity
Guide Class
Martial Arts for Kids - Smiling Tigers
$40.00
Activity
Guide Class
Martial Arts for All Ages - Beginning Class
$40.00
Activity
Guide Class
Martial Arts for All Ages - Intermediate/Advanced Class
$40.00
Activity
Guide Class
Yoga - All Levels
$45.00
Activity
Guide Class
Yoga - Gentle Yoga
$45.00
Activity
Guide Class
Yoga - Beyond the Basics
$45.00
Activity
Guide Class
Yoga - Unlimited Yoga
$55.00
Activity
Guide Class
Yoga - Foundations Yoga
$30.00
Activity
Guide Class
Yoga - Restorative & Guided Meditation Workshop
$10.00
Activity
Guide Class
Gentle Movement Stretch
$21.00 - $28.00
Activity
Guide Class
Zumba Gold
$12.00 - $32.00
Activity
Guide Class
Adult Coed Learn To Play Lacrosse -1 Day Clinic
$12.00
Activity
Guide Class
Pickleball 101
$55.00
Activity
Guide Class
Line Dancing
$15.00 - $25.00
Activity
Guide Class
Fine Art Painting - Watercolor & Acrylic
$70.00
Activity
Guide Class
McCall Winter Carnival
$55.00
Activity
Guide Class
Shoshone Fall Day Tri
$55.00
Activity Guide Class
Camp Mer -IDA -Moo Spring Break Full Day
(I wk 7:30 - 5:30
$99.00
Activity Guide Class
Camp Mer -IDA -Moo Spring Break Full Day
lwk 9:00 - 3:00
$79.00
ADOPTION OF RECREATION CLASSES AND PROGRAMMING FEES PAGE 3 OF 3
CITY OF MERIDIAN
CITY COUNCIL
PUBLIC HEARING SIGN -IN SHEET
Date: November 28, 2017 Item # 9C
Project Number:
Meridian City Council Meeting
DATE: November 28-2017
ITEM TITLE:
ITEM NUMBER: 10A
PROJECT NUMBER:
Acceptance of Ada County's Canvass of the Votes for the
November 7, 2017 Meridian City General Election
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Christopher D. Rich
Clerk of the District Court
Phil McGrane
Chief Deputy
/400 N Benjamin Ln, Ste. 100, Boise, Idaho 83704 Phone (208) 287-6860 Fax (208) 287-6939
STATE OF IDAHO
} ss.
County of Ada
I, Christopher D. Rich, County Clerk of said county and state, do hereby certify that the
attached is a full, true and complete copy of the abstract of votes for the candidates as
they appeared on the election ballot on November 7, 2017 for the MERIDIAN CITY
MUNICIPAL ELECTION as shown by the record of the Board of Canvassers filed in
my office this 14`h day of November, 2017.
County Cleat`
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Official Results
Run time: 2:08:06 PM
Run Date: 11/14/2017
ADA COUNTY, IDAHO
November 2017
CONSOLIDATED ELECTION
11/07/2017
Page 1 of 1
MERIDIAN CITY COUNCIL SEAT 2
Joe Borton
Absentee Voting
298 100.0%
z v 298
MERIDIAN CITY COUNCIL SEAT 4
Treg A. Bernt
Dom Gelsomino
Jordan Moorhouse
Rick Valenzuela
Absentee Voting
281
73.2%
35
9.1%
50
13.0%
18
4.7%
Votes Cast: 384
MERIDIAN CITY COUNCIL SEAT 6
Votes Cast: 371
Official Results
Registered Voters
5030 of 46776 = 10.8%
Precincts Reporting
33 of 33=100.0%
Early Voting Election Day Voting Total Votes
478 100.0% 3198 100.0% 3974 100.0%
478 3198 3974
Early Voting
Absentee Voting
Luke Cavener
191 51.5%
Josh Cummings
136 36.7%
David R. McKinney
44 11.9%
Votes Cast: 371
Official Results
Registered Voters
5030 of 46776 = 10.8%
Precincts Reporting
33 of 33=100.0%
Early Voting Election Day Voting Total Votes
478 100.0% 3198 100.0% 3974 100.0%
478 3198 3974
Early Voting
Election Day Voting
Total Votes
350
62.4%
2147
55.4%
2778
57.6%
61
10.9%
562
14.5%
658
13.6%
111
19.8%
956
24.7%
1117
23.2%
39
7.0%
213
5.5%
270
5.6%
561
3878
4823
Early Voting
Election Day Voting
Total Votes
288 51.5%
1907 49.0%
2386 49.5%
156 27.9%
1355 34.9%
1647 34.2%
115 20.6%
626 16.1%
785 16.3%
559
3888
4818 -
Meridian City Council Meeting
DATE: November 28-2017
ITEM NUMBER: 11 A
PROJECT NUMBER:
ITEM TITLE:
r mance Amending I itle I U, Chapter 1, Meridian City code,
Adopting the 2015 International Building Code, 2012 International
Residential Code, 2015 International Energy Conservation Code,
2015 International Existing Building Code, and Local
Amendments thereto; Amending Title 10, Chapter 2, Meridian
City Code, Adopting the 2017 Idaho State Plumbing Code, Permit
Required, Application Issuance, Fees, Inspection Requirements,
and Penalties; Amending Title 10, Chapter 3, Meridian City Code,
Arinntinn the 9n1 7 Nntinnnl FIPr-trinnl Cnrit- and I nnnl
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
CITY OF MERIDIAN ORDINANCE NO. i-7— 17 Y
BY THE CITY COUNCIL: BIRD, BORTON, CAVENER,
LITTLE ROBERTS, MILAM, PALMER
AN ORDINANCE AMENDING TITLE 10, CHAPTER 1, MERIDIAN CITY CODE,
ADOPTING THE 2015 INTERNATIONAL BUILDING CODE, 2012 INTERNATIONAL
RESIDENTIAL CODE, 2015 INTERNATIONAL ENERGY CONSERVATION CODE,
2015 INTERNATIONAL EXISTING BUILDING CODE, AND LOCAL AMENDMENTS
THERETO; AMENDING TITLE 10, CHAPTER 2, MERIDIAN CITY CODE,
ADOPTING THE 2017 IDAHO STATE PLUMBING CODE, PERMIT REQUIRED,
APPLICATION ISSUANCE, FEES, INSPECTION REQUIREMENTS, AND
PENALTIES; AMENDING TITLE 10, CHAPTER 3, MERIDIAN CITY CODE,
ADOPTING THE 2017 NATIONAL ELECTRICAL CODE AND LOCAL
AMENDMENTS THERETO, PERMIT APPLICATION, ISSUANCE, AND FEES;
AMENDING TITLE 10, CHAPTER 4, MERIDIAN CITY CODE, ADOPTING THE 2015
INTERNATIONAL FIRE CODE AND LOCAL AMENDMENTS THERETO;
AMENDING MERIDIAN CITY CODE SECTION 10-5-2, LOCAL AMENDMENTS TO
THE 2012 INTERNATIONAL MECHANICAL CODE; AMENDING MERIDIAN CITY
CODE SECTION 7-2-8, REGARDING PARKING IN FIRE LANE; ADOPTING A
SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to its authority under Idaho Code section 39-4116(4)(b), the City
Council of the City of Meridian hereby finds that good cause exists for the adoption and
following amendments to the 2015 International Building Code (IBC), the 2012 Idaho
Residential Code (IRC), the 2012 and 2015 International Energy Conservation Codes (IECC),
and the 2015 International Existing Building Code, and that such amendments are reasonably
necessary for the protection of the public health, safety, and welfare;
WHEREAS, pursuant to its authority under Idaho Code sections 50-301 and 54-2619,
the City Council of the City of Meridian hereby finds that good cause exists for the adoption and
following amendments to the 2017 Idaho State Plumbing Code (ISPC);
WHEREAS, pursuant to its authority under Idaho Code sections 50-301 and 54-1001C,
the City Council of the City of Meridian hereby finds that good cause exists for the adoption and
following amendments to the 2017 National Electrical Code (NEC);
WHEREAS, pursuant to its authority under Idaho Code sections 50-301, 41-253(1), and
41-256(1), the City Council of the City of Meridian hereby finds that good cause exists for the
adoption and following amendments to the 2015 International Fire Code (IFC);
WHEREAS, pursuant to its authority under Idaho Code sections 50-301 and 54-5016(4),
the City Council of the City of Meridian hereby finds that good cause exists for the adoption and
following amendments to the 2012 International Mechanical Code (IMC);
- - -- - -... ....--- -- - - - - - -- - _ --
CODE ADOPTION AND LOCAL AMENDMENTS:
2015 IBC, 2012 IRC, 2017 ISPC, 2015 IECC, 2017 NEC, 2015 IFC, AND 2012 IMC PAGE 1 OF 32
CODE ADOPTION AND LOCAL AMENDMENTS :
2015 IBC, 2012 IRC, 2017 ISPC, 2015 IECC, 2017 NEC, 2015 IFC, AND 2012 IMC PAGE 2 OF 32
WHEREAS, the City Council of the City of Meridian hereby finds that the following
amendments do establish at least an equivalent level of protection to that of 2015 IBC, 2012 IRC,
2015 IECC, 2017 NEC, 2017 ISPC, 2015 IFC, and 2012 IMC; and
WHEREAS, pursuant to Idaho Code section 39-4116(4)(b), a public hearing on the
amendments to the IBC, IRC, and IECC was conducted on November 21, 2017, following
provision of the proposed language of this ordinance to Associated General Contractors of
America, Associated builders and contractors, Association of Idaho Cities, Idaho Association of
Building Officials, Idaho Association of Counties, Idaho Association of REALTORS®, Idaho
Building Contractors Association, American Institute of Architects Idaho Chapter, Idaho Fire
Chiefs Association, Idaho Society of Professional Engineers, Idaho State Independent Living
Council, Southwest Idaho Building Trades, and Idaho Building Trades, by U.S. mail, on October
11, 2017, and publication of notice of the time and place thereof in the Meridian Press on
October 20, 2017;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE CITY OF MERIDIAN, IDAHO:
Section 1. That the following sections of Title 10, Chapter 1, Meridian City Code, shall
be amended as follows:
10-1-1: ADOPTION OF INTERNATIONAL BUILDING CODE, INTERNATIONAL
RESIDENTIAL CODE, INTERNATIONAL ENERGY CONSERVATION CODE,
INTERNATIONAL EXISTING BUILDING CODE, AND LOCAL AMENDMENTS:
The following codes, published by the International Code Council, including all appendices
thereto, are hereby adopted and incorporated in full as if set forth at length herein, and shall
apply and control within the city of Meridian, save and except such portions as hereinafter
deleted, modified or amended:
A. The 2012 2015 edition of the International Building Code (hereinafter IBC), as amended by
section 10-1-2 of this chapter;
B. The 2012 edition of the International Residential Code (hereinafter IRC), as amended by
section 10-1-3 of this chapter; and
C. As to residential occupancies, tThe 2012 edition of the International Energy Conservation
Code (hereinafter IECC), as amended by section 10-1-4 of this chapter.; and as to
commercial occupancies, the 2015 edition of the IECC, as amended by section 10-1-4 of this
chapter, and;
D. The 2015 edition of the International Existing Building code (hereinafter IEBC).
10-1-2: AMENDMENTS TO INTERNATIONAL BUILDING CODE:
The following amendments to the IBC shall apply:
CODE ADOPTION AND LOCAL AMENDMENTS :
2015 IBC, 2012 IRC, 2017 ISPC, 2015 IECC, 2017 NEC, 2015 IFC, AND 2012 IMC PAGE 3 OF 32
A. IBC section 105.2, exception1 under “Building,” shall be amended to read as follows:
Building:
1. One-story detached accessory structures used as tool and storage sheds, playhouses,
emissions testing facilities, and similar uses, provided the floor area is not greater than
120 square feet (11m 2).
A.B. IBC section 107.2.5 shall be amended to read as follows:
Site Plan. The construction documents submitted with the application for permit shall be
accompanied by a site plan showing, to scale, the size and location of new construction and
existing structures on the site, distances from lot lines, the established street grades, and the
proposed finished grades. The site plan shall be drawn in accordance with an accurate
boundary line survey. In the case of demolition, the site plan shall show construction to be
demolished and the location and size of existing structures and construction that are to
remain on the site or plot. The building official is authorized to waive or modify the
requirement for a site plan when the application for permit is for alteration or repair or when
otherwise warranted. All development located in the Meridian floodplain overlay district is
required to meet the provisions of the Meridian flood damage prevention ordinance, title 10,
chapter 6, Meridian city code.
B.C. IBC section 109.2 shall be amended to provide as follows:
Permit Fees. The fee for each permit shall be as set forth pursuant to a schedule of permit
fees as established by resolution of the city council. The determination of value or valuation
under any of the provisions of this code shall be made by the building official. The value to
be used in computing the building permit and building plan review fees shall be the total
value of all construction work for which the permit is issued as well as all finish work,
painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire extinguishing
systems and any other permanent equipment. Final building permit valuation shall be set by
the building official for all permits that require initial estimated valuation and final estimated
valuation by the applicant. Payment of permit fees is required at the time the permit is issued.
Permits shall not be issued or considered valid until fees are paid.
C.D. A new section, section 109.6.1, shall be added to the IBC to provide as follows:
Permit Fee Refunds. Up to eighty percent (80%) of the fees paid for a valid permit may be
refunded to the permit holder upon request. The permit holder shall request such refund in
writing to the building official no later than one hundred eighty (180) days following the date
of permit issuance. Plan review fees shall not be refunded in part or in whole after
completion of plan review.
D.E. A new section, section 109.7, shall be added to the IBC to provide as follows:
Permit Transfer. A building permit granted pursuant to this code may be transferred from one
permit holder to another permit holder upon written request by the current permit holder to
CODE ADOPTION AND LOCAL AMENDMENTS :
2015 IBC, 2012 IRC, 2017 ISPC, 2015 IECC, 2017 NEC, 2015 IFC, AND 2012 IMC PAGE 4 OF 32
the building official. Expired permits may not be transferred. No permit transfer may be
made without written approval of the building official; if transfer is attempted without
written approval of the building official, such permit shall be deemed void.
E.F. IBC section 312.1 shall be amended with the deletion of the requirement for agricultural
buildings to comply with the IECC IBC.
F. A new section, section 908.7.2, shall be added to the IBC to provide as follows:
Where Required In Existing Dwellings. Where interior work requiring a permit occurs within
existing dwellings that have attached garages, or in existing dwellings with fuel-fired
appliances, carbon monoxide alarms shall be provided in accordance with section 908.7.
G. IBC section 1612 shall be deleted, and replaced with language to provide as follows:
Flood Loads. All development located in the Meridian floodplain overlay district is required
to meet the provisions of the Meridian flood damage prevention ordinance, title 10, chapter
6, Meridian city code.
H. A new section, section 1805.3.3 1805.3.4, shall be added to the IBC to provide as follows:
Waterproofing Hydraulic Elevator Shaft Pits. Elevator shafts shall be designed to prevent the
intrusion of water into the hydraulic elevator shaft pit, with accommodation made for the
high groundwater table in the city of Meridian, in accordance with American Society of
Mechanical Engineers standard A17.1, section 2.2.2.3.
I. IBC section 1807.1.4 shall be deleted, and replaced with language to provide as follows:
Wood Footings Or Foundations. Regardless of the provisions of the IRC or IBC, this chapter,
related chapters, appendices or tables, the city of Meridian shall not allow the use of wood,
treated or otherwise, for footings or foundations.
J. IBC section 3002.4 shall be amended to provide as follows:
Elevator Car To Accommodate Ambulance Stretcher. Where elevators are provided in
buildings two (2) or more stories above, or two (2) or more stories below, grade plane, at
least one (1) elevator shall be provided for fire department emergency access to all floors.
The elevator car shall be of such a size and arrangement to accommodate an ambulance
stretcher twenty-four by eighty-four inches (24" x 84") with not less than five inches (5")
radius corners, in the horizontal, open position and shall be identified by the international
symbol for emergency medical services (star of life). The symbol shall not be less than three
inches (3") high, and shall be placed inside on both sides of the hoistway door frame.
K. IBC section 305.2.3 shall be deleted, and replaced with language to provide as follows:
Twelve (12) Or Fewer Children In A Dwelling Unit. A facility such as the above within a
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dwelling unit and having twelve (12) or fewer children receiving such daycare shall be
classified as a group R-3 occupancy or shall comply with the IRC.
L. IBC section 308.6.4 shall be deleted, and replaced with language to provide as follows:
Persons Receiving Care In A Dwelling Unit. A facility such as the above within a dwelling
unit and having twelve (12) or fewer children receiving daycare or having five (5) or fewer
persons receiving custodial care shall be classified as a group R-3 occupancy or shall comply
with the IRC.
M. IBC section 310.5 shall be deleted, and replaced with language to provide as follows:
Residential Group R-3. Residential occupancies where the occupants are primarily
permanent in natures and not classified as group R-1, R-2, R-4, E, or I, including:
1. Buildings that do not contain more than two (2) dwelling units;
2. Boarding houses (non-transient) with sixteen (16) or fewer occupants;
3. Boarding houses (transient) with ten (10) or fewer occupants;
4. Care facilities that provide accommodations for five (5) or fewer persons receiving care;
5. Congregate living facilities (non-transient) with sixteen (16) or fewer occupants;
6. Congregate living facilities (transient) with ten (10) or fewer occupants; or
7. Dwelling units providing daycare for twelve (12) or fewer children.
8. Lodging house with five or fewer guest rooms.
N. IBC section 310.5.1 shall be deleted, and replaced with language to provide as follows:
Care Facilities Within A Dwelling. Care facilities for twelve (12) or fewer children receiving
daycare or for five (5) or fewer persons receiving care that are within a single-family
dwelling are permitted to comply with the IRC.
O. Add footnote (f) in the header row of the table column labeled “Drinking fountains” of Table
2902.1 Minimum Number of Required Plumbing Fixtures, and add footnote (f) under Table
2902.1 to state the following: Drinking fountains are not required for an occupant load of (30) or
fewer.
P.O. Footnote (f) to table 2902.1, Footnote (e)Minimum Number Of Required Plumbing
Fixtures, IBC section 2902.6 shall be deleted, and replaced with language to provide as follows:
Drinking fountains are shall not be required for an occupant load of thirty (30) or fewer.
Q. Footnote (g) (e) to table 2902.1, Minimum Number Of Required Plumbing Fixtures, shall be
deleted, and replaced with language to provide as follows:
For business occupancies, excluding restaurants, and mercantile occupancies with an
occupant load of thirty (30) or fewer, service sinks shall not be required.
Q. The appendices of the international building code shall be amended with the deletion of
appendices A (employee qualification); C (agricultural buildings); G (flood-resistant
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construction); J (grading); K (administrative and electrical); and M (tsunami-generated flood
hazard). All other appendices shall be mandatory.
R. IBC Appendices B, E, F, H, I, and L shall be mandatory.
10-1-3: AMENDMENTS TO INTERNATIONAL RESIDENTIAL CODE:
The following amendments to the IRC shall apply:
A. Parts VII (plumbing) and VIII (electrical), and appendix L (permit fees) shall be deleted.
B. Exception 1 of IRC section R101.2, Scope, shall be deleted.
C. Exception 2 of IRC section R101.2, Scope, shall be deleted and replaced with language to
provide as follows:
Exception: Owner-occupied lodging houses with three (3) five (5) or fewer guestrooms shall
be permitted to be constructed in accordance with the IRC for one- and two-family
dwellings. Such occupancies shall be required to install smoke alarms and carbon monoxide
alarms in accordance with sections R314 and R315, respectively, of the IRC or one- and two-
family dwellings.
D. Item 2 of the "Building" subsection of IRC section R105.2, Work Exempt From Permit, shall
be deleted and replaced with the following:
Fences not over six feet (6') high may be exempted from the requirement for a building
permit in the absence of any other applicable land use regulations governing the installation,
height, type, or other aspect thereof.
D. E. Item 7 of the "Building" subsection of IRC section R105.2, Work Exempt From Permit,
shall be deleted and replaced with the following:
Prefabricated swimming pools that are not greater than four (4) feet deep.
E. F. A new item, no. 11, shall be added to the "Building" subsection of IRC section R105.2,
Work Exempt From Permit:
Flagpoles.
G.
F. H. A new section, section R108.5.1, shall be added to the IRC to provide as follows:
Permit Fee Refunds. Up to eighty percent (80%) of the fees paid for a valid permit may be
refunded to the permit holder upon request. The permit holder shall request such refund in
writing to the community development director or designee no later than one hundred eighty
CODE ADOPTION AND LOCAL AMENDMENTS :
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(180) days following the date of permit issuance. Plan review fees shall not be refunded in
part or in whole after completion of plan review.
G. I. A new section, section R108.5.2, shall be added to the IRC to provide as follows:
Permit Transfer. A building permit granted pursuant to this code may be transferred from one
permit holder to another permit holder upon written request by the current permit holder to
the community development director or designee. Expired permits may not be transferred.
No permit transfer may be made without written approval of the community development
director or designee; if transfer is attempted without written approval, such permit shall be
deemed void.
H. Table R201.2(1), Climate and Geographic Design Criteria, shall be completed with criteria as
follows:
GROUND SNOW LOAD: 20 psf. Design roof load shall not be less than a uniform snow load
of 25 psf.
WIND DESIGN SPEED (mph): 115 mph for risk occupancy II or less; 120 mph for risk
occupancy III or greater.
WIND DESIGN TOPOGRAPHIC EFFECTS: No, in accordance with Section R301.2.1.5
SEISMIC DESIGN CATEGORY: C
WEATHERING: Severe
FROST LINE DEPTH: 24 inches
TERMITE: Slight to Moderate
WINTER DESIGN TEMP: 10 degrees F (annual mean temperature: 51.1 degrees F). The
outdoor design dry-bulb temperature shall be selected from the columns of 97 ½ percent values
for winter from Appendix D of the Idaho State Plumbing Code or as determined by the Building
Official.
ICE BARRIER UNDER LAYMENT REQUIRED: No
FLOOD HAZARDS: Refer to Title 10, Chapter 6, Meridian City Code, Flood Damage
Prevention.
I. J. IRC section R301.2.4, shall be deleted, and replaced with language to provide as follows:
Floodplain Construction. All development located in the Meridian floodplain overlay district
is required to meet the provisions of the Meridian flood damage prevention ordinance, title
10, chapter 6, Meridian city code.
K. The column of IRC table R302.1(1) entitled Minimum Fire Separation Distance shall be
deleted and replaced with language to provide as follows:
Minimum Fire Separation Distance:
Minimum Fire Separation Distance:
Projections (fire -resistance rated): < Three (3) feet
Projections (not fire -resistance rated): = Three (3) feet
Minimum Fire Separation Distance:
Walls (fire -resistance rated): < Three (3) feet
Walls (not fire -resistance rated): = Three (3) feet
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J. IRC Table R302.1(1), Exterior Walls shall be deleted, and replaced with language to provide
as follows:
EXTERIOR WALL ELEMENT
MINIMUM FIRE-
RESISTANCE
RATING
MINIMUM FIRE
SEPARATION
DISTANCE
Walls
Fire-resistance rated
1 hour-tested in
accordance with ASTM
E 119 or UL263 with
exposure from both
sides
< 3 feet
Not fire-resistance 0 hours ≥ 3 feet
Projections
Fire-resistance rated 1 hour on the underside ≥ 2 feet to < 3 feet
Not fire-resistance
rated
0 hours ≥ 3 feet
Openings
in
Walls
Not allowed N/A < 3 feet
25% maximum of
wall area
0 hours ≥ 3 feet to < 5 feet
Unlimited 0 hours 5 feet
Penetrations
All
Comply with Section
R302 .4
< 3 feet
None required ≥ 3 feet
K. L. The exception to IRC section R302.2, Townhouses, shall be deleted, and replaced with
language to provide as follows:
Exception: Two (2) one-hour fire-resistance rated wall assemblies or a common two-hour
fire-resistance rated wall assembly tested in accordance with ASTM E119 or UL 263 is
permitted for townhouses. If two (2) one-hour rated walls are used, plumbing and electrical
installations within the wall cavity shall conform with fire-resistance penetration
requirements in accordance with section R302.4 through R302.4.2 for each of the two (2)
one-hour rated walls. The two-hour fire-resistance rated common wall shall not contain
plumbing or mechanical equipment, ducts, or vents within its wall cavity. The wall shall be
rated for fire exposure from both sides and shall extend to and be tight against the exterior
walls and the underside of the roof sheathing. Penetrations of electrical outlet boxes shall be
in accordance with section R302.4.
L. M. IRC section R302.6, Dwelling/Garage Fire Separation, shall be amended to provide as
follows:
Dwelling/Garage Fire Separation. Walls and ceiling of garages shall be covered with not less
than 5/8-inch (15.9 mm) type X gypsum board or equivalent.
M. N. IRC section R303.4 shall be deleted. and replaced with language to provide as follows;
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Dwelling units shall be provided with whole-house mechanical ventilation in accordance with
Section M1507.3.
Exception: Where the air infiltration rate of a dwelling unit is equal to 5 air changes per hour or
greater when tested with a blower door at a pressure of 0.2 inch w.c. (50 pa) in accordance with
Section N1102.4.1.2.
N. O. The exception to IRC section R313.1, Townhouse Automatic Fire Sprinkler Systems,
shall be deleted, and replaced with language to provide as follows:
Exception: Automatic residential fire sprinkler systems shall not be required in townhouses
where either two (2) one-hour fire-resistance rated walls or a common two-hour fire-
resistance rated wall is installed between dwelling units or when additions or alterations are
made to existing townhouses that do not have an automatic residential fire sprinkler system
installed.
O. P. IRC section R313.2 shall be deleted.
P. Q. New language shall be added to IRC section R315.3 to provide as follows:
Exception: Work involving the exterior surfaces of dwellings.
Q. R. IRC section R322 shall be deleted, and replaced with language to provide as follows:
Flood-Resistant Construction. All development located in the Meridian floodplain overlay
district is required to meet the provisions of the Meridian flood damage prevention
ordinance, title 10, chapter 6, Meridian city code.
R. S. IRC section R402.1 shall be amended to provide as follows:
Wood. Regardless of the provisions of the IBC or IRC, this chapter, related chapters,
appendices or tables, the city of Meridian shall not allow the use of wood, treated or
otherwise, for footings or foundations.
S. T. IRC section R501.3 and its exceptions shall be deleted.
T. U. IRC section R602.10 shall be deleted, and replaced with the following:
Wall Bracing. Buildings shall be braced in accordance with this section or, when applicable
section R602.12, or the most current edition of APA System Report SR-102 as an alternate
method. Where a building, or portion thereof, does not comply with one (1) or more of the
bracing requirements in this section, those portions shall be designated and constructed in
accordance with section R301.1.
U. V. The following sections and tables of IRC chapter 11 shall be amended in accordance with
the requirements contained below:
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1. Table N1102.1.1 (IECC table R402.1.1), Insulation And Fenestration Requirements By
Component;
2. Table N1102.1.3 (IECC table R402.1.3), Equivalent U-Factors;
3. Table N1102.2.6 (IECC table R402.2.6), Steel-Frame Ceiling, Wall And Floor Insulation
(R-Value);
4. Section N1102.4.1 (IECC R402.4.1), Building Thermal Envelope;
5. Section N1102.4.1.1 (IECC R402.4.1.1), Installation;
6. Table N1102.4.1.1 (IECC table R402.4.1.1), Air Barrier And Insulation Installation;
7. Section N1102.4.1.2 (IECC R402.4.1.2), Testing Option;
8. Add section N1102.4.1.3 (IECC R402.4.1.3), Visual Inspection Option;
9. Add section N1102.6 (IECC R402.6), Residential Log Home Thermal Envelope;
10. Add table N1102.6 (IECC table R402.6), Log Home Prescriptive Thermal Envelope
Requirements By Component; and
11. Section N1104.1 (IECC R404.1), Lighting Equipment.
V. IRC Appendices A, B, C, D, E, F, G, H, I, J, and K shall be mandatory.
10-1-4: AMENDMENTS TO INTERNATIONAL ENERGY CONSERVATION CODE:
The following amendments to the IECC shall apply:
A. The residential provisions of the 2015 IECC (chapters 1 through 6, including Appendix RA),
shall be deleted, and replaced with the residential provisions of the 2012 IECC (chapters 1
through 5) and as such provisions may be further amended in this section.
B. The values contained in the 2012 IECC table R402.1.1 (IRC table N1102.1.1), shall be
deleted, and replaced with language to provide as follows:
Table R402.1.1
INSULATION AND FENESTRATION REQUIREMENTS BY COMPONENT
Climate
Zone
Fene-
stration
U-
Factor b
Sky-
light U-
Factor
b
Glazed
Fene-
stration
SHGC b,
e
Ceiling
R-
Value
Wood
Frame
Wall R-
Value
Mass
Wall R-
Value i
Floor
R-
Value
Base-
ment
Wall R-
Value c
Slab R-
Value d
Crawl-
space
Wall R-
Value c
5 and
marine
4
0.35 0.60 NR 38 20 or
13+5h
13/17 30g 10/13 10, 2
ft
10/13
6 0.35 0.60 NR 49 20 or
13+5h
15/19 30g 15/19 10, 4
ft
10/13
a. R-values are minimums, U-factors and SHGC are maximums, R-19 batts compressed into a nominal 2 x 6 framing cavity such that
the R-value is reduced by R-1 or more shall
be marked with the compressed batt R-value in addition to the full thickness R-value.
b. The fenestration U-factor column excludes skylights. The SHGC column applies to all glazed fenestration.
c. “15/19” means R-15 continuous insulated sheathing on the interior or exterior of the home or R-19 cavity insulation at the interior of
the basement wall. “15/19” shall be
permitted to be met with R -13 cavity insulation on the interior of the basement wall plus R -5 continuous insulated sheathing on the
CODE ADOPTION AND LOCAL AMENDMENTS :
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C. B. The following footnote shall be added to the title of IRC table 402.1.1, Insulation And
Fenestration Requirements By Component:
k. For residential log home building thermal envelope construction requirements see section
402.6.
D. C. The values contained in 2012 IECC table R402.1.3 (IRC table N1102.1.3) for climate zone
“5 and marine 4” and climate zone "6" shall be deleted, and replaced with language to
provide as follows:
Table R402.1.3
EQUIVALENT U-FACTORS
E. D. 2012 IECC Table R402.2.6 (IRC table N1102.2.6) shall be deleted, and replaced with the
following:
Wood Frame R-Value Requirement Cold-Formed Steel Equivalent R-Value a
Steel truss ceilings
R-30 R-38 or R -30 + 3 or R -26 + 5
interior or exterior of the home. “10/13”
means R-10 continuous insulated sheathing on the interior or exterior of the home or R-13 cavity insulation at the interior of the
basement wall.
d. R-5 shall be added to the required slab edge R-values for heated slabs. Insulation depth shall be the depth of the footing or 2 feet,
whichever is less in Zones 1 through 3 for
heated slabs.
e. There are no SHGC requirements in the Marine Zone.
f. Basement wall insulation is not required in warm-humid locations as defined by Figure 301.1 and Table 301.1.
g. Or insulation sufficient to fill the framing cavity, R-19 minimum.
h. “13+5” means R-13 cavity insulation plus R-5 insulated sheathing. If structural sheathing covers 25 percent or less of the exterior,
insulating sheathing is not required where
structural sheathing is used. If structural sheathing covers more than 25 percent of exterior, structural sheathing shall be supplemented
with insulated sheathing of at least R-2.
i. The second R-value applies when more than half the insulation is on the interior of the mass wall.
j. For impact rated fenestration complying with Section R301.2.1.2 of the IRC or Section 1608.1.2 of the IBC , maximum U-factor shall
be 0.75 in Zone 2 and 0.65 in Zone 3.
Climate
Zone
Fene-
stration
U-
Factor
Sky-
light U-
Factor
Ceiling
R-
Value
Wood
Frame
Wall R-
Value
Mass
Wall R-
Value b
Floor
R-
Value
Base-
ment
Wall R-
Value
Crawl-
space
Wall R-
Value
5 and
marine
4
0.35
0.60
0.030
0.057 0.082 0.033
0.59
0.065
6 0.35 0.60 0.026 0.057 0.060 0.033 0.050 0.065
a. Nonfenestration U-factors shall be obtained from measurement, calculation or an approved source.
b. When more than half the insulation is on the interior, the mass wall U-factors shall be a maximum of 0.17 in
Zone 1, 0.14 in Zone 2, 0.12 in Zone 3, 0.10 in Zone4 except Marine, and the same as the frame wall U-
factor in Marine Zone 4 and Zones 5 through 8.
c. Basement wall U-factor of 0.360 in warm -humid locations as defined by Figure 301.1 and Table 301.1 .
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R-38 R-49 or R -38 +3
R-49 R-38 +5
Steel joist ceilings
R-30 R-38 in 2 x 4 or 2 x 6 or 2 x 8 R -49 in any framing
R-38 R-49 in 2 x 4 or 2 x 6 or 2 x 8 or 2 x 10
Steel -framed wall
R-13 R-13 + 5 or R -15 + 4 or R -21 + 3 or R -0 + 10
R-19 R-13 + 9 or R -19 + 8 or R -25 + 7
R-21 R-13 + 10 or R -19 + 9 or R -25 + 8
Steel joist floor
R-13 R-19 in 2 x 6
R-19 + 6 in 2 x 8 or 2 x 10
R-19 R-19 + 6 in 2 x 6
R-19 + 12 in 2 x 8 or 2 x 10
a. Cavity insulation R-value is listed first, followed by continuous insulation R-value.
b. Insulation exceeding the height of the framing shall cover the framing.
F. E. 2012 IECC section 402.4.1 (IRC N1102.4.1) shall be deleted and replaced with the
following:
Building Thermal Envelope. The building thermal envelope shall comply with sections
R402.1.1 and either section R402.4.1.2 or R402.4.1.3. The sealing methods between
dissimilar materials shall allow for differential expansion and contraction.
G. F. 2012 IECC section 402.4.1.1 (IRC N1102.4.1.1) shall be deleted and replaced with the
following:
Installation. The components of the building thermal envelope as listed in table R402.4.1.1
shall be installed in accordance with the manufacturer's instructions and the criteria listed in
table R402.4.1.1, as applicable to the method of construction.
H. G. The criteria requirement for the "Fireplace" component of 2012 IECC table R402.4.1.1
(IRC table N1102.4.1.1), Air Barrier And Insulation Installation, and replace with the
following:
An air barrier shall be installed on fireplace walls.
I. H. 2012 IECC section 402.4.1.2 (IRC N1102.4.1.2) shall be deleted and replaced with the
following:
Testing Option. Building envelope tightness and insulation installation shall be considered
acceptable when tested air leakage is less than seven (7) air changes per hour (ACH) when
tested with a blower door at a pressure of 33.5 psf (50 Pa). Testing shall occur after rough in
and after installation of penetrations of the building envelope, including penetrations for
utilities, plumbing, electrical, ventilation and combustion appliances. During testing:
1. Exterior windows and doors, fireplace and stove doors shall be closed, but not sealed;
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2. Dampers shall be closed, but not sealed, including exhaust, intake, makeup air, backdraft
and flue dampers;
3. Interior doors shall be open;
4. Exterior openings for continuous ventilation systems and heat recovery ventilators shall be
closed and sealed;
5. Heating and cooling system(s) shall be turned off;
6. HVAC ducts shall not be sealed; and
7. Supply and return registers shall not be sealed.
J. I. New language shall be added to IRC section 402.4.1.3 (IRC N1102.4.1.3) to provide as
follows:
Visual Inspection Option. Building envelope tightness and insulation installation shall be
considered acceptable when the items listed in table 402.4.1.1, applicable to the method of
construction, are field verified. Where required by code official an approved party
independent from the installer of the insulation shall inspect the air barrier and insulation.
K. J. A new section, section R402.6 (IRC N1102.6), Residential Log Home Thermal Envelope,
shall be added to the 2012 IECC: Residential log home construction shall comply with
sections 401 (General), 402.4 (Air Leakage), 402.5 (Maximum Fenestration U-Factor And
SHGC), 403.1 (Controls), 403.2.2 (Sealing), 403.2.3 (Building Cavities), sections 403.3
through 403.9 (referred to as the mandatory provisions), section 404 (Electrical Power And
Lighting Systems), and either subparagraph 004.04.b.i., ii., or iii. as follows:
1. Sections 402.2 through 402.3, 403.2.1, 404.1 and table 402.6;
2. Section 405 Simulated Performance Alternative (Performance); or
3. REScheck (U.S. department of energy building codes program).
L. K. A new table, table R402.6 (IRC table N1102.6), Log Home Prescriptive Thermal Envelope
Requirements By Component, shall be added, to be used only in accordance with
subparagraph 004.04.b.i. above, to appear as follows: to be used only in accordance with
item i. of section R402.6 above, shall be added to 2012 IECC , to appear as follows:
Table R402.6
LOG HOME PRESCRIPTIVE THERMAL ENVELOPE REQUIREMENTS BY
COMPONENT
For SI: 1 foot = 304.8 mm.
Climate
Zone
Fene-
stration
U-
Factor a
Sky-
light U-
Factor
Glazed
Fene-
stration
SHGC
Ceiling
R-
Value
Min.
Average
LOG
Size In
Inches
Floor R-
Value
Base-
ment
Wall R-
Value
Slab R-
Value &
DEPTH b
Crawl-
space
Wall
R-
Value d
5, 6 -
high
effici-
ency
0.32 0.60 NR 49 5 30 15/19 10, 4 ft 10/13
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equip-
ment
path c
5 0.32 0.60 NR 49 8 30 10/13 10, 2 ft 10/13
6 0.30 0.60 NR 49 8 30 15/19 10, 4 ft 10/13
a. The fenestration U-factor column excludes skylights. The SHGC column applies to all glazed
fenestration.
b. R-5 shall be added to the required slab edge R-values for heated slabs.
c. 90% AFUE natural gas or propane, 84% AFUE oil, or 15 SEER heat pump heating equipment (zonal
electric resistance heating equipment such as electric base board electric resistance heating equipment as
the sole source for heating is considered compliant with the high efficiency equipment path).
d. "15/19" means R-15 continuous insulated sheathing on the interior or exterior of the home or R-19
cavity insulation at the interior of the basement wall. "15/19" shall be permitted to be met with R-13 cavity
insulation on the interior of the basement wall plus R-5 continuous insulated sheathing on the interior or
exterior of the home. "10/13" means R-10 continuous insulated sheathing on the interior or exterior of the
home or R -13 cavity insulation at the interior of the basement wall.
M. L. 2012 IECC section R404.1 (IRC N1104.1) shall be deleted, and replaced with the
following:
Lighting Equipment (Mandatory). A minimum of fifty percent (50%) of the lamps in
permanently installed lighting fixtures shall be high-efficacy lamps or a minimum of fifty
percent (50%) of the permanently installed lighting fixtures shall contain only high efficacy
lamps.
N. Add the following to 2015 IECC as new subsection C101.5.3: Industrial, electronic, and
manufacturing equipment. Buildings or portions thereof that are heated or cooled exclusively to
maintain the required operating temperature of industrial, electronic, or manufacturing
equipment shall be exempt from the provisions of this code. Such buildings or portions thereof
shall be separated from connected conditioned space by building thermal enevelope assemblies
complying with this code.
O. Add the following exception No. (10) under 2015 IECC section C403.3 Economizers
(Prescriptive): Unusual outdoor air contaminate conditions – Systems where special outside air
filtration and treatment for the reduction and treatment of unusual outdoor contaminants, makes
an air economizer infeasible.
Section 2. That the following sections of Title 10, Chapter 2, Meridian City Code, shall
be amended as follows:
10-2-1: PLUMBING CODE ADOPTED; LOCAL AMENDMENTS:
A. Adoption: The 2017 Idaho State Plumbing Code (“ISPC”), as amended as set forth in this
chapter, is hereby adopted by the city for the purpose of establishing minimum standards of
design, materials and workmanship for all plumbing hereafter installed, altered or repaired,
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and to establish methods of procedure within the city limits. The same is hereby adopted and
incorporated as fully as if set out at length herein, and from the date on which this chapter
shall take effect, the provisions thereof shall control the installation, alteration or repairing of
plumbing within the corporate limits of the city.
B. Local Amendments: The following amendments to the ISPC are also hereby adopted, which
amendments, if in conflict with the ISPC, shall overrule the ISPC:
That IDAPA 07.02.06.011.05, amending ISPC section 412, shall not be adopted; instead,
section 2902.1 of the international building code shall apply.
That IDAPA 07.02.06.011.06, amending ISPC table 412.1, shall not be adopted; instead,
table 2902.1 of the international building code shall apply.
10-2-2: STATE LICENSES REQUIRED:
It shall be unlawful for any person to carry on the business of plumbing without first having
secured a state license.
10-2-3: PERMIT REQUIRED; APPLICATION; ISSUANCE, FEES:
A. Permit Required: It shall be unlawful for any person to place or install in any building any
plumbing apparatus or fixture, or to make any alterations or changes in, or additions to, any
plumbing apparatus or fixtures for such use, without first obtaining from the city building
department a written plumbing permit to do such work.
A. B. Contents Of Permit; Submission Of Plan: Such permit shall state the kind of work to be
done and the amount, and shall cover only work so specified. The contractor, person, firm or
corporation shall submit a plan of the plumbing system to be followed, if deemed necessary
by the plumbing inspector. Said permit shall also state the location by street and number of
the building where such work is to be done, and shall be valid only for the location stated.
C. Exception; Inspection And Approval: Provided, however, that this section shall not be
construed as requiring a permit for ordinary repairs to old installations where the cost value
of such repairs, including material and labor, does not exceed fifty dollars ($50.00), but in all
cases, the plumbing inspector must be notified immediately upon the completion of such
work for his inspection and approval.
B. D. Permit And Inspection Fees: Fees for permits and inspections shall be fixed by the city
council by resolution.
1. Payment Due Upon Issuance: Payment for all permit types is required at the time the
permit is issued. Permits shall not be issued until fees are paid.
2. Permit Fee Refunds: Up to eighty percent (80%) of the permit fee paid may be refunded to
the permit holder upon request. The permit holder shall request such refund in writing to
the public works director or designee no later than one hundred eighty (180) days
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following the date of permit issuance. Plan review fees shall not be refunded in part or in
whole after completion of plan review.
3. Permit Transfer: A permit granted pursuant to this chapter may be transferred from one
permit holder to another permit holder upon written request by the current permit holder to
the public works director or designee. Expired permits may not be transferred. No permit
transfer may be made without written approval of the Community Development
Department public works director or designee; if transfer is attempted without written
approval of the Community Development Department public works director or designee,
such permit shall be deemed void.
10-2-4: INSPECTION REQUIREMENTS:
A. Notice For Inspection; Tag By Inspector: Except as provided in subsection B2 of this section,
it It shall be the duty of the city plumbing inspector, or the state inspector if the city so
chooses, to inspect or cause to be inspected any and all work for which permits have been
issued by the close of business on the next business day following inspection scheduling, or
as soon thereafter as is feasible. within forty eight (48) hours (Sundays and holidays
excluded) after time of notice, in writing, by the person doing the said work that same is
ready for inspection, which will not be considered ready for inspection and covering until all
enclosed plumbing, steam heating, furnace work and gas fittings are in place. Inspection
shall, when necessary, be made two (2) or three (3) times during progress of installation; first
when work is roughed in, and last, when work is completed, and it shall be the duty of the
city plumbing inspector or person qualified and delegated by him and his qualified
representative to indicate inspection of any work by a tag or label which shall state the date
and whether first or final inspection has been made and it shall be unlawful for any workman
or other person to conceal any plumbing pipes until such first inspection tag has been placed.
B. Issuance Of Certificate Of Inspection:
1. Upon application for inspection of any plumbing apparatus, or appliances as hereinafter
provided, the city inspector shall, after inspection and examination, issue a certificate
showing the results of such examinations and require the necessary corrections be made.
2. Upon the completion of the plumbing in or on any building and prior to being covered up
in any fashion, it shall be the duty of the corporation, copartnership, firm or individual
doing the same to notify the city plumbing inspector, who shall inspect the plumbing
within three (3) working days after the notification to him that the plumbing has been
completed. If the city plumbing inspector does not inspect within three (3) days, the
plumbing may be covered; however, the licensee shall still be required to obtain the
certificate of inspection. If the plumbing is approved by the city plumbing inspector, he
shall issue a certificate of proper inspection which shall contain the date of inspection and
an outline of the result. It shall be unlawful for any person to turn on or connect the water
with such installation until such certificate shall be issued; and it shall be unlawful to make
any change, alteration or extension in or to the plumbing of any building after inspection
without first notifying said city plumbing inspector and procuring a permit therefor.
C. Disconnect Defective Plumbing Facilities:
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1. If the said city plumbing inspector shall find any part of any plumbing apparatus or
fixtures in or on any building in the city to have been installed without a permit or not in
accordance with the provisions of this chapter or to be dangerous to life or property, the
city plumbing inspector shall have the right and power and it is hereby made his duty to
disconnect such defective plumbing and place a seal upon it. He shall at the same time
give written notice of such disconnection to the owner or occupant of the building.
2. After such disconnected plumbing apparatus or fixtures have been put in the condition
required by this chapter, the seal or seals so placed shall be removed by said city plumbing
inspector. It shall be unlawful for any person to use any water through, or by means of,
such disconnected plumbing apparatus or fixtures or to attach other pipes for the supply of
water to such disconnected plumbing apparatus or fixtures or to remove, break or deface
any seal so placed.
D. Right Of Entry: The city plumbing inspector shall have the right to enter any premises at all
reasonable hours for the purpose of inspecting the same.
E. Inspection Fees: Before any inspection is undertaken, the applicant shall pay to the city
building department an inspection fee as established by the city plumbing inspector and
approved by the city council by resolution, which inspection fee, or schedule thereof, shall be
available at the city clerk's and building department's office during regular business hours.
10-2-5: PERMIT FEES:
A. Permit And Inspection Fees: Fees for permits and inspections shall be as established by fee
schedule duly adopted by the city council by resolution.
1. Payment Due Upon Issuance: Payment for all permit types is required at the time the
permit is issued. Permits shall not be issued until fees are paid.
2. Permit Fee Refunds: Up to eighty percent (80%) of the permit fee paid may be refunded to
the permit holder upon request. The permit holder shall request such refund in writing to
the community development department director or designee no later than one hundred
eighty (180) days following the date of permit issuance. Plan review fees shall not be
refunded in part or in whole after completion of plan review.
3. Permit Transfer: A permit granted pursuant to this chapter may be transferred from one
permit holder to another permit holder upon written request by the current permit holder to
the community development department director or designee. Expired permits may not be
transferred. No permit transfer may be made without written approval of the community
development department director or designee; if transfer is attempted without written
approval of the community development department director or designee, such permit
shall be deemed void.
10-2-65: PENALTIES:
A. Misdemeanor; Penalty Imposed: A violation of this chapter is hereby declared to be a
misdemeanor and any person who violates or fails to comply with any provision of this
chapter or of the ISPC, as adopted and amended herein, or who violates or fails to comply
with any order made thereunder, or who builds in violation of any detailed statement of
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specifications or plans submitted and approved thereunder, or any certificate or permit issued
thereunder, or fails to comply with such an order as affirmed or modified by the building
official or board of appeals or by a court of competent jurisdiction, within the required time,
shall severally for each and every such violation and noncompliance, respectively, be guilty
of a misdemeanor. The imposition of one penalty for any violation shall not excuse the
violation or permit it to continue; and all such persons shall be required to correct or remedy
such violations or defects within a reasonable time; and when not otherwise specified, each
ten (10) days that prohibitive conditions are maintained shall constitute a separate offense.
B. Removal of Prohibitive Conditions: The application of the above penalties shall not be held to
prevent the enforced removal of prohibitive conditions.
C. Civil Action: Whenever it appears to the city council that any person has engaged or is about
to engage in any act or practice violating any provision of this chapter, the city council may
institute a civil action in the district court to enforce compliance with this chapter. Upon a
showing that a person has engaged or is about to engage in an act or practice constituting a
violation of this chapter, a permit or temporary injunction, restraining order or other such
relief as the court deems appropriate may be granted.
D. Working Without Permit: Any person who commences or causes the commencement of work
for which a permit is required, without first obtaining each and every required permit, shall,
upon application for such permit or permits, pay a doubled permit fee or fees, as established
by fee schedule. This provision shall not apply to emergency repair work performed during
off business hours, where such emergency repair work is undertaken in order to reinstate
operational status, so long as each and every applicable permit is obtained on the next
business day.
Section 3. That the following sections of Title 10, Chapter 3, Meridian City Code, shall
be amended as follows:
10-3-1: ADOPTION OF NATIONAL ELECTRICAL CODE AND LOCAL
AMENDMENTS:
The 2014 2017 edition of the National Electrical Code (hereinafter NEC), published by the
National Fire Protection Association, including all appendices thereto, are hereby adopted and
incorporated in full as if set forth at length herein, and shall apply and control within the city of
Meridian, save and except such portions as hereinafter deleted, modified or amended.
10-3-2: AMENDMENTS TO NATIONAL ELECTRICAL CODE:
A. Article 210.8(A)(7) shall be deleted and replaced with the following:
Sinks located in areas other than kitchens where receptacles are installed within six (6) feet
of the outside edge of the sink.
B. Article 210.8(A)(10) shall be deleted.
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C. Article 210.8(D) shall be deleted.
D. Article 210.12 shall be amended by the addition of the following language:
Definition. Arc-Fault Circuit-Interrupter is a device intended to provide protection from the
effects of arc faults by recognizing characteristics unique to arcing and by functioning to de-
energize the circuit when an arc fault is detected.
Dwelling Unit Bedrooms. All one hundred twenty (120)-volt, single phase, fifteen (15)-
ampere and twenty (20)-ampere branch circuits supplying outlets installed in dwelling unit
bedrooms shall be protected by a listed arc-fault circuit interrupter, combination type
installed to provide protection of the branch circuit.
Compliance with Article 210.12 Arc-Fault Circuit-Interrupter Protection. Article 210.12
shall apply in full. Exception: In dwelling units Arc-Fault Circuit-Interrupter Protection shall
only apply to all branch circuits and outlets supplying bedrooms. All other location in
dwelling units are exempt from the requirements of Article 210.12.
E. Article 210.52(E)(3) shall be deleted and replaced with the following:
Balconies, decks, and porches having an overall area of twenty (20) square feet or more that
are accessible from inside the dwelling unit shall have at least one (1) receptacle outlet
installed within the perimeter of the balcony, deck, or porch. The receptacle shall not be
located more than six and one half (6 1/2) feet above the balcony, deck, or porch surface.
F. Article 320.23 334.10(A) shall be amended by the addition of the following language:
3. Where the height of a crawl space does not exceed four and one half (4 1/2) feet it shall be
permissible to secure NM cables, that run at angles with joist, to the bottom edge of joist.
NM cables that run within seven (7) feet of crawl space access shall comply with article
320.23.
G. Article 550.32(B) shall be amended by the addition of the following language:
Compliance with article 550.32(B) shall limit installation of a service on a manufactured
home to those homes manufactured after January 1, 1992.
H. Article 675.8(B) shall be amended by the addition of the following language:
Compliance with article 675.8(B) will include the additional requirement that a disconnecting
means always be provided at the point of service from the utility no matter where the
disconnecting means for the machine is located.
I. Poles used as lighting standards that are forty (40) feet or less in nominal height and that
support no more than four (4) luminaires operating at a nominal voltage of three hundred
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(300) volts or less, shall not be considered to constitute a structure as that term is defined by
the national electrical code (NEC). The disconnecting means shall not be mounted to the
pole. The disconnecting means may be permitted elsewhere in accordance with NEC, article
225.32, exception 3. SEC special purpose fuseable connectors (model SEC 1791-DF or
model SEC 1791-SF) or equivalent shall be installed in a listed handhole (underground)
enclosure. The enclosure shall be appropriately grounded and bonded per the requirements of
the NEC applicable to article 230-Services. Overcurrent protection shall be provided by a
(fast-acting - minimum - 100K RMS amps 600 VAC) rated fuse. Wiring within the pole for
the luminaires shall be protected by supplementary overcurrent device (time-delay -
minimum - 10K RMS amps 600 VAC) in breakaway fuse holder accessible from the hand
hole. Any poles supporting or incorporating utilization equipment or exceeding the
prescribed number of luminaires, or in excess of forty (40) feet, shall be considered
structures, and an appropriate service disconnecting means shall be required per the NEC. All
luminaire-supporting poles shall be appropriately grounded and bonded per the NEC.
10-3-3: PERMIT REQUIRED; APPLICATION; ISSUANCE:
A. Permit Required: It shall be unlawful for any person, firm or corporation to place or install in
any building, structure, or premises any wiring, apparatus or fixture for the use of electric
current for light, heat or power, or to make any alterations or changes in, or additions to any
wiring, apparatus or fixtures for such use, without first obtaining from the city a written
permit to do such work. Permits shall be required for any type of electrical work including
emergency repairs and other maintenance or repair work as well as new installations. The
permit application shall be in such form required by the building department.
B. Addition Or Alteration Of Approved Plans: Any addition or alteration of approved plans
and/or permitted work shall require resubmittal and approval before issuance of certificate of
occupancy.
C. Copy Of Permit To Be Posted: A copy of the permit shall be posted or otherwise readily
accessible at each work site.
C. D. Permit Validity Conditioned On Inspections: The validity of all electrical permits shall be
conditioned upon the completion of the following inspections by the city electrical inspector:
1. Roughed In Inspection: When electrical work for which a permit was issued is roughed in,
permittee shall, in writing, notify the city electrical inspector of such, and upon payment of
any inspection fee per fee schedule, the electrical inspector shall inspect such work
following receipt of such written notice and fee. Upon completion of such roughed in
inspection, the city electrical inspector shall indicate such by affixing a tag or label stating
the date of inspection. It shall be unlawful for any person to conceal any electrical work
prior to such inspection.
2. Final Inspection: When electrical work for which a permit was issued is ready for final
inspection, the permittee shall, in writing, notify the city electrical inspector of such, and
upon payment of any inspection fee per fee schedule, the city electrical inspector shall
inspect such work following receipt of such written notice and fee. "Ready for final
inspection", for purposes of this section, shall be defined as the completion of all enclosed
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plumbing, heating, furnace work, and/or gas fittings. Where, upon final inspection, the city
electrical inspector finds the installation to be in conformity with the statutes of all
applicable laws and standards, the city electrical inspector shall issue a certificate of
approval authorizing the connection to the supply of electricity and shall send written
notice of such authorization to the supplier of electric service. It shall be unlawful for any
person to make connection to a supply for electricity or to supply electricity to any
electrical equipment installation for which no valid permit is in effect or that has been
disconnected or ordered to be disconnected.
D. E. Revocation Of Permits:
1. The city electrical inspector shall be authorized to revoke a permit or approval issued if any
violation of the NEC or of this chapter is found upon inspection.
2. The city electrical inspector shall be authorized to revoke a permit or approval issued if
there are any false statements or misrepresentations submitted in the permit application or
plans on which the permit or approval was based.
3. Any person who engages in any business, operation, or occupation, or uses any building,
structure, or premises after the permit issued therefor is suspended or revoked pursuant to
the provisions of this chapter, shall be in violation of this chapter unless such suspended
permit is reinstated or a new permit is issued.
E. F. Permit And Inspection Fees: Fees for permits and inspections shall be fixed by the city
council by resolution.
1. Payment Due Upon Issuance: Payment for all permit types is required at the time the
permit is issued. Permits shall not be issued until fees are paid.
2. Permit Fee Refunds: Up to eighty percent (80%) of the permit fee paid may be refunded to
the permit holder upon request. The permit holder shall request such refund in writing to
the Community Development Department public works director or designee no later than
one hundred eighty (180) days following the date of permit issuance. Plan review fees
shall not be refunded in part or in whole after completion of plan review.
3. Permit Transfer: A permit granted pursuant to this chapter may be transferred from one
permit holder to another permit holder upon written request by the current permit holder to
the Community Development Department public works director or designee. Expired
permits may not be transferred. No permit transfer may be made without written approval
of the Community Development Department public works director or designee; if transfer
is attempted without written approval of the Community Development Department public
works director or designee, such permit shall be deemed void.
Section 4. That the following sections of Title 10, Chapter 4, Meridian City Code, shall
be amended as follows:
10-4-1: FIRE CODE ADOPTED:
There is hereby adopted by the mayor and the City Council of the City of Meridian, county of
Ada, State of Idaho, for the purpose of regulating and governing the safeguarding of life and
property from fire and explosion hazards arising from the storage, handling and use of hazardous
substances, materials and devices, and from conditions hazardous to life or property in the
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occupancy of buildings and premises in the City of Meridian, Idaho, and providing for the
issuance of permits for hazardous uses or operations; and each and all of the regulations,
provisions, conditions, terms, and appendices of such International Fire Code, 2012 2015 edition,
published by the International Code Council, Inc., and the same are hereby adopted and
incorporated as fully as if set out at length herein, with the revisions, additions, and deletions
thereto as set forth in this chapter. From the date in which this chapter shall take effect, the
provisions of the International Fire Code, 2012 2015 edition, and the revisions, additions, and
deletions thereto as set forth in this chapter shall be controlling within the limits of the City of
Meridian.
10-4-2: AMENDMENTS TO THE FIRE CODE:
To the extent that any provision of the international fire code, 2012 2015 edition (hereinafter
IFC), conflicts with a provision of Idaho Code, the provision of Idaho Code shall prevail.
Additionally, the following amendments to the IFC shall apply:
IFC section 103.2 shall be amended to read as follows:
Section 103.2 Appointment. The code official shall be the fire chief of the city of Meridian. In
the absence or by designation of the fire chief, the deputy chief/fire prevention or designee shall
be the code official.
IFC section 103.2 shall be amended as follows:
Section 103.2 Appointment. Delete the following language: “… and the fire code official shall
not be removed from office except for cause and after full opportunity to be heard on specific
and relevant charges by and before the appointing authority.”
IFC section 103.3 shall be amended to read as follows:
Section 103.3 Deputies. In accordance with the prescribed procedures of the city of Meridian the
fire chief shall have the authority to appoint a deputy fire chief/fire prevention, or other technical
officer, inspectors and other employees.
IFC section 104.1 shall be amended to read as follows:
Section 104.1 General. The fire code official is hereby authorized to enforce the provisions of
the IFC as herein adopted and amended and shall have the authority to render interpretations of
the IFC as herein adopted and amended, and to adopt policies, procedures, rules and regulations
in order to clarify the application of such provisions. Such interpretations, policies, procedures,
rules and regulations shall be in compliance with the intent and purpose of the IFC as herein
adopted and amended and shall not have the effect of waiving requirements specifically provided
for in the IFC as herein adopted and amended.
The fire chief is authorized to administer and enforce the IFC as herein adopted and amended.
Under the fire chief's direction, the fire department is authorized to enforce all ordinances of the
City of Meridian jurisdiction pertaining to:
a. The prevention of fires;
b. The suppression or extinguishment of dangerous or hazardous fires;
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c. The storage, use and handling of hazardous materials;
d. The installation and maintenance of automatic, manual and other private fire alarm systems
and fire-extinguishing equipment;
e. The maintenance and regulation of fire escapes;
f. The maintenance of fire protection and the elimination of fire hazards on land and in buildings,
and other property, including those under construction;
g. The maintenance of means of egress; and
h. The investigation of the cause, origin and circumstances of fire and unauthorized releases of
hazardous materials, except that for authority related to control and investigation of emergency
scenes, IFC section 104.11 shall apply.
A new section shall be added to the provisions of the IFC as follows:
Section 104.10.2 Fire Prevention Personnel And Police. As requested by the fire chief, the
chief of police shall be authorized to assign such available police officers as necessary to assist
the fire department in enforcing the provisions of the IFC as herein adopted and amended.
IFC section 105.1.1 shall be amended as follows:
Delete “the required permit” from the last sentence of Section 105.1.1 of the International Fire
Code and add “a permit if required by the Meridian Fire Department.”
A new section shall be added to the provisions of the IFC as follows:
Section 105.3.9 Working Without Permit. Any person who commences or causes the
commencement of work for which a permit is required under the IFC as herein adopted and
amended or under other provision of law without first obtaining each and every required permit,
shall, upon application for such permit or permits, pay a doubled permit fee or fees, as
established by fee schedule. This provision shall not apply to emergency repair work performed
during off-business hours, where such emergency repair work is undertaken in order to reinstate
operational status, so long as each and every applicable permit is obtained on the next business
day.
IFC section 109.4 shall be amended to read as follows:
Section 109.4 Violation Penalties. Except as otherwise set forth in Meridian city code, persons
who shall violate a provision of the IFC as herein adopted and amended or shall fail to comply
with any of the requirements thereof or who shall erect, install, alter, repair or do work in
violation of the approved construction documents or directive of the fire code official, or of a
permit or certificate used under provisions of the IFC as herein adopted and amended, shall be
guilty of a misdemeanor, punishable by a fine of not more than $500.00 dollars or by
imprisonment not exceeding 30 days, or both such fine and imprisonment. Each day that a
violation continues after due notice has been served shall be deemed a separate offense.
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IFC section 111.4 shall be amended to read as follows: deleted.
Section 111.4 Failure To Comply. Any person who shall continue any work after having been
served with a stop work order, except such work as that person is directed to perform to remove
a violation or unsafe condition, shall be guilty of a misdemeanor, and shall be liable to a fine of
not less than $100.00 dollars and not more than $500.00 dollars.
IFC section 113.5 shall be amended to read as follows:
Section 113.5 Permit Fee Refunds. Up to eighty percent (80%) of the permit fee paid may be
refunded to the permit holder upon request. The permit holder shall request such refund in
writing to the Community Development Department public works director or designee no later
than one hundred eighty (180) days following the date of permit issuance. Plan review fees shall
not be refunded in part or in whole after completion of plan review.
A new section shall be added to the provisions of the IFC as follows:
Section 113.6 Permit Transfer. A permit granted pursuant to this code may be transferred from
one permit holder to another permit holder upon written request by the current permit holder to
the Community Development Department public works director or designee Expired permits
may not be transferred. No permit transfer may be made without written approval of the
Community Development Department public works director or designee; if transfer is attempted
without written approval of the Community Development Department public works director or
designee, such permit shall be deemed void.
These definitions shall be added to IFC section 202:
Add “DRIVEWAY. A vehicular ingress and egress route that serves no more than six (6) single
family dwellings, not including accessory structures.”
Add “FIRE STATION: A building, or portion of a building that provides, at a minimum, all
weather protection for fire apparatus. Temperatures inside the building used for this purpose
must be maintained at above thirty-two (32) degrees Fahrenheit.”
IFC section 308.1.6.3 shall be amended to read as follows:
Section 308.1.6.3 Sky lanterns. It shall be unlawful for any person to release a sky lantern or
cause a sky lantern to be released, whether tethered or untethered. It shall be unlawful for any
person to sell sky lanterns inside the boundaries of the City of Meridian.
IFC section 501.3 shall be amended as follows:
After the phrase “Construction documents for proposed,” add the word “driveways.”
IFC section 501.4 shall be amended as follows:
After the phrase “When fire apparatus access roads,” add the word “driveways.”
A new section shall be added to the provisions of the IFC as follows:
Section 501.4.1 Fire Hydrant Installation Timing. All necessary fire hydrants shall be
installed and operational before any combustible materials, as such term is defined by the
international building code, 2012 2015 edition, may be brought onto the site. Failure to comply
with this provision will result in a stop work order which shall be effective until all necessary fire
hydrants are installed and operational.
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The following words shall be added to IFC section 502:
DRIVEWAY
FIRE STATION
The following words shall be added to the heading of IFC section 503:
AND DRIVEWAYS
IFC section 503.1.1 shall be amended as follows:
Add the following sentence: “Driveways shall be provided and maintained in accordance with
Sections 503.1.1 through 503.13.”
IFC section 503.6 shall be amended as follows:
Delete the sentence, “The installation of security gates across a fire apparatus access road shall
be approved by the fire chief.”
A new section, section 503.7, shall be added to the provisions of the IFC as follows:
Section 503.7 Driveways. Driveways shall be provided when any portion of an exterior wall of
the first story of a building is located more than 150 feet (45720mm) from a fire apparatus access
road. Driveways shall provide a minimum unobstructed width of 12 feet (3658mm) and a
minimum unobstructed height of 13 feet 6 inches (4115mm). Driveways in excess of 150 feet
(45720mm) in length shall be provided with turnarounds. Driveways in excess of 200 feet
(60960mm) in length and less than 20 feet (6096mm) in width may require turnouts in addition
to turnarounds.
Section 503.7.1 Limits. A driveway shall not serve in excess of six single family dwellings.
Section 503.7.2 Turnarounds. See Appendix D, Fire Apparatus Access Roads.
Section 503.7.3 Turnouts. Where line of sight along a driveway is obstructed by a man-made or
natural feature, turnouts shall be located as may be required by the fire code official to provide
for safe passage of vehicles. Driveway turnouts shall be of an all-weather road surface at least 10
feet (3048mm) wide and 30 feet (9144mm) long.
Section 503.7.4 Bridge Load Limits. Vehicle load limits shall be posted at both entrances to
bridges on driveways and private roads. Design loads for bridges shall be established by the fire
code official.
Section 503.7.5 Address markers. All buildings shall have a permanently posted address, which
shall be placed at each driveway entrance and be visible from both directions of travel along the
road. In all cases, the address shall be posted at the beginning of construction and maintained
thereafter. The address shall be visible and legible from the road on which the road on which the
address is located. Address signs along one-way roads shall be visible from both the intended
direction of travel and the opposite direction. Where multiple addresses are required at a single
driveway, they shall be mounted on a single post, and additional signs shall be posted at
locations where driveways divide.
CODE ADOPTION AND LOCAL AMENDMENTS :
2015 IBC, 2012 IRC, 2017 ISPC, 2015 IECC, 2017 NEC, 2015 IFC, AND 2012 IMC PAGE 26 OF 32
Section 503.7.6 Grade. The gradient for driveways shall not exceed 10 percent unless approved
by the fire code official.
Section 503.7.7 Security Gates. Where security gates are installed, they shall have an approved
means of emergency operation. The security gates and emergency operation shall be maintained
operational at all times.
Section 503.7.8 Surface. Driveways shall be designed and maintained to support the imposed
loads of local responding fire apparatus and shall be surfaced as to provide all weather driving
capabilities.
IFC section 505.1.1 shall be amended to read as follows:
Section 505.1.1 Address Numbers Identification. New and existing buildings shall have
approved address numbers, building numbers, or approved building identification placed in a
position that is plainly legible and visible from the street or road fronting the property. These
numbers shall contrast with their background. Where required by the fire code official, address
numbers shall be provided in additional approved locations to facilitate emergency response.
Address numbers shall have a minimum stroke width of one-half inch (0.5"), and of a color
contrasting with the background. The required height of each address number shall be calculated
by the distance of the addressed building from the road, as follows: where the building is less
than one hundred feet (100') from the road, the height of each address number shall be six inches
(6") in height; where the building is one hundred feet to one hundred fifty feet (100 - 150') from
the road, the height of each address number shall be at least eight inches (8") in height; where the
building is one hundred fifty-one feet to two hundred feet (151 - 200') from the road, the height
of each address number shall be ten inches (10") in height; where the building is two hundred
one feet to two hundred fifty-one feet (201 - 251') from the road, the height of each address
number shall be twelve inches (12") in height.
IFC section 507.2 shall be amended to read as follows:
Section 507.2 Type Of Water Supply. A water supply shall consist of water delivered by fire
apparatus, reservoirs, pressure tanks, elevated tanks, water mains, or other sources approved by
the fire code official capable of providing the required fire flow, except that the water supply
required by this code shall only apply to structures served by a municipal fire department or a
fire protection district and within ten miles (16093m) of a responding fire station.
The exceptions to IFC section 507.5.1 shall not apply.
IFC section 605.5.4 shall be amended to read as follows:
Section 605.5.4 Grounding. Extension cords without a grounding lug shall not be permitted.
IFC section 903.3.7 shall be amended to read as follows:
Section 903.3.7 Fire Department Connections. The location of the fire department connection
shall be within one hundred feet (100') of a fire hydrant, except that three- and four-plexes do not
require a fire department connection.
A new section shall be added to the provisions of the IFC as follows:
CODE ADOPTION AND LOCAL AMENDMENTS :
2015 IBC, 2012 IRC, 2017 ISPC, 2015 IECC, 2017 NEC, 2015 IFC, AND 2012 IMC PAGE 27 OF 32
Section 903.3.8 Knox Caps. Each and every fire department connection and/or standpipe shall
be equipped with a knox cap.
A new section shall be added to the provisions of the IFC as follows:
Section 903.4.1.1 All Buildings That Are Required To Be Sprinklered. An approved audible
sprinkler flow alarm to alert the occupants of each tenant space shall be provided in the interior
of the building at a normally attended location within each tenant space with a minimum of one
per floor.
A new section shall be added to the provisions of the IFC as follows:
Section 903.4.2.1 All Buildings That Are Required To Be Sprinklered . An approved audible
sprinkler flow alarm to alert the occupants of each tenant space shall be provided in the interior
of the building at a normally attended location within each tenant space with a minimum of one
per floor.
A new section shall be added to the provisions of the IFC as follows:
Section 903.4.2.12 Alarms. Approved audible devices and visual alarms with a minimum
candela rating of 110 shall be connected to every automatic sprinkler system on the exterior of
the building per NFPA standard 13 located above the fire department connection. Such audible
and visual alarms shall be activated by water flow equivalent to the flow of one (1) sprinkler of
the smallest orifice size installed in the system. Where a fire alarm system is installed, actuation
of the automatic sprinkler system shall actuate the building fire alarm system.
IFC section 903.4.3 shall be amended to read as follows:
Section 903.4.3 Floor Control Valves. Approved supervised indicating control valves shall be
provided at the point of connection to the riser on each floor in institutional and multi-tenant
buildings two or more stories in height.
A new section shall be added to the provisions of the IFC as follows:
Section 903.4.4 Location Of Fire Sprinkler Controls. Sprinkler riser and appurtenances shall
be enclosed in a one hour rated room equipped with an exterior door.
The exception to IFC section 906.1(1) shall not apply.
IFC section 904.1.1 shall be amended as follows:
Section 904.1.1 Alternate Automatic Fire-Extinguishing Systems. Add the following
language to the beginning of section 904.1.1 of the International Fire Code, “If required by the
authority having jurisdiction,”.
IFC section 906.2.1 shall be amended as follows:
Section 906.2.1 Portable Fire Extinguishing. Add the following language to the beginning of
section 9.6.2.1 of the International Fire Code, “If required by the authority having jurisdiction,”.
IFC section 907.1.2 shall be amended to read as follows:
Section 907.1.2 Fire Alarm Shop Drawings. Shop drawings for fire alarm systems shall be
submitted for review and approval prior to system installation, and shall include, but not be
limited to, all of the following:
CODE ADOPTION AND LOCAL AMENDMENTS :
2015 IBC, 2012 IRC, 2017 ISPC, 2015 IECC, 2017 NEC, 2015 IFC, AND 2012 IMC PAGE 28 OF 32
1. A floor plan that indicates the use of all rooms.
2. Locations of alarm-initiating devices.
3. Locations of alarm notification appliances, including candela ratings for visible alarm
notification appliances.
4. Location of fire alarm control unit, transponders, and notification power supplies.
5. Annunciators.
6. Power connection.
7. Battery calculations.
8. Conductor type and sizes.
9. Voltage drop calculations.
10. Manufacturers' data sheets indicating model numbers and listing information for equipment,
devices and materials.
11. Details of ceiling height and construction.
12. The interface of fire safety control functions.
13. Classification of the supervising station.
14. Fire alarm drawings shall be stand alone and drawn to 1/8" scale.
15. Declaration of occupancy classification(s).
A new section shall be added to the provisions of the IFC as follows:
Section 907.1.4 Non-Required Fire Alarm Systems. Where fire alarm systems not required by
the IFC as herein adopted and amended or other provision of law are installed, any and all
notification devices shall meet the minimum design, installation, and occupant notification
requirements for systems which are required by the IFC as herein adopted and amended or other
provision of law.
A new section shall be added to the provisions of the IFC as follows:
Section 907.1.5 Partial Or Limited Fire Alarm Detection Systems. Where partial or limited
fire alarm detection systems are installed, any and all notification devices shall meet the
minimum design, installation, and occupant notification requirements applicable to full and/or
unlimited fire alarm systems.
IFC section 912.4.1 shall be amended to read as follows:
CODE ADOPTION AND LOCAL AMENDMENTS :
2015 IBC, 2012 IRC, 2017 ISPC, 2015 IECC, 2017 NEC, 2015 IFC, AND 2012 IMC PAGE 29 OF 32
Section 912.4.1 Locking Fire Department Caps . The location of the fire department
connection shall be within one hundred feet (100') of a fire hydrant, except that three- and four-
plexes do not require a fire department connection.
A new section shall be amended to the provisions of the IFC as follows:
Section 912.4.1 Locking Fire Department Caps. Each and every fire department connection
and/or standpipe shall be equipped with a locking fire department cap.
IFC section 1101.1 shall be amended as follows:
Add the following language to the end of section 1101.1 of the International Fire Code, “only, if
in the opinion of the fire code official, they constitute a distinct hazard to life or property.”
IFC chapter 56 shall be amended as follows:
Chapter 56 Explosives And Fireworks. Delete Sections 5601.1.3, 5601.2.2, 5601.2.3,
5601.2.4.1, 5601.2.4.2, and sections 5608.2, 5608.2.1, and 5608.3.
IFC chapter 80 shall be amended as follows:
Chapter 80 Referenced Standards. Where National Fire Protection Association standards are
referenced, such provisions shall refer to the 2010 editions of the National Fire Protection
Association standards. Where referenced, the following NFPA standards shall refer to same in
the following editions:
Delete Add Delete Add
2-2011 2-2016 105 -2013 105 -2016
11 -2010 11 -2016 110 -2013 110 -2016
13 -2013 13 -2016 111 -2013 111 -2016
13D -2013 13D -2016 160 -2011 160 -2016
13R -2013 13R -2016 170 -2012 170 -2015
14 -2013 14 -2016 211 -2013 211 -2016
20 -2013 20 -2016 265 -2011 265 -2015
24 -2013 24 -2016 303 -2011 303 -2016
30 -2012 30 -2015 318 -2012 318 -2015
31 -2011 31 -2016 326 -2010 326 -2015
32 -2011 32 -2016 400 -2013 400 -2016
35 -2011 35 -2016 409 -2011 409 -2016
40 -2011 40 -2016 410 -2010 410 -2015
55 -2013 55 -2016 701 -2010 701 -2015
56 -2012 56 -2014 750 -2014 750 -2015
59A -2013 59A -2016 914 -2010 914 -2015
72 -2013 72 -2016 1126 -2011 1126 -2016
80 -2013 80 -2016
Appendices Mandatory. All appendices, including appendix A, appendix B, appendix C,
appendix D, appendix E, appendix F, appendix G, appendix H, and appendix I, shall be
mandatory, with these amendments:
CODE ADOPTION AND LOCAL AMENDMENTS :
2015 IBC, 2012 IRC, 2017 ISPC, 2015 IECC, 2017 NEC, 2015 IFC, AND 2012 IMC PAGE 30 OF 32
Appendices A, B, C, D, E, F, G, H, I, K, L, and M, shall be mandatory.
Appendix J shall not be adopted.
Section 5. That Meridian City Code section 10-5-2 shall be amended as follows:
10-5-2: AMENDMENTS TO INTERNATIONAL MECHANICAL CODE:
The following amendments to the IMC shall apply:
A. Section 202 Definitions. The following definitions provided in the IMC shall be deleted, and
replaced with the following:
Light-Duty Cooking Appliance: Light-duty cooking appliances include gas and electric ovens
(including standard, bake, roasting, revolving, retherm, convection, combination
convection/steamer, countertop conveyorized baking/finishing, deck, pastry, and electric and gas
conveyor pizza ovens), electric and gas steam jacketed kettles, electric and gas pasta cookers,
electric and gas compartment steamers (both pressure and atmospheric) and electric and gas
cheesemelters.
Medium-Duty Cooking Appliance: Medium-duty cooking appliances include electric discrete
element ranges (with or without oven), electric and gas hot-top ranges, electric and gas griddles,
electric and gas double sided griddles, electric and gas fryers (including open deep fat fryers,
donut fryers, kettle fryers and pressure fryers), electric and gas tilting skillets (braising pans) and
electric and gas rotisseries.
B. A. The following language shall be added to IMC section 401.1 Scope:
Exception: The principles specified in ASHRAE 62-2010 may be used as an alternative to
this chapter to demonstrate compliance with required ventilation air for occupants.
C. B. The following language shall be added to IMC section 504.6.1 Material And Size:
Exception: Dryer duct may be constructed of 0.013 (30 gage) or equivalent if prefabricated
0.016 (28 gage) ducts and fittings are not available.
D. C. The following language shall be added to IMC table 603.4 Duct Construction Minimum
Sheet Metal Thickness For Single Dwelling Units:
Exception: Round duct, enclosed rectangular ducts and fittings less than fourteen (14) inches
may be constructed of 0.013 (30 gage) or equivalent if prefabricated 0.016 (28 gage) ducts
and fittings are not available.
Section 6. That Meridian City Code section 7-2-8 shall be amended as follows:
7-2-8: PARKING IN FIRE LANE:
Except in compliance with law or the direction of a police officer or firefighter, no person shall
park a vehicle in any fire apparatus access road in violation of international fire code, 292 2015
edition, section 503.4, or like provision subsequently adopted, where such fire apparatus access
road is marked in accordance with international fire code, 2412 2015 edition, sections 503.3 and
D103.6, or like provisions subsequently adopted. The fire code official, and/or his designee,
including police and code enforcement officers of the Meridian police department, shall be
authorized to enter upon private property open to public use to investigate and enforce violations
of this section.
Section 7. It is hereby declared to be the legislative intent that the provisions and parts of
this ordinance shall be severable. If any paragraph, part, section, subsection, sentence, clause, or
phrase of this ordinance is for any reason held to be invalid by a court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions of this ordinance.
Section 8. All City of Meridian ordinances, or resolutions, or parts thereof, which are in
conflict herewith, are hereby repealed.
Section 9. That this ordinance shall be effective on January 1, 2018.
PASSED by the City Council of the City of Meridian, Idaho, this day of
2017.
APPROVED by the Mayor of the City of Meridian, Idaho, this )'& day of
,✓overt be,.2017.
ATTEST:
C. ay Cole City Clerk
_......
CODE ADOPTION AND LOCAL AMENDMENTS
2015 IBC, 2012 IRC, 2017 ISPC, 2015 IECC, 2017 NEC, 2015 IFC, AND 2012 IMC PAGE 31 OF 32
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. § 50-901(A)
CITY OF MERIDIAN ORDINANCE NO. 17- 1 % SL
AN ORDINANCE AMENDING TITLE 10, CHAPTER 1, MERIDIAN CITY CODE,
ADOPTING THE 2015 INTERNATIONAL BUILDING CODE, 2012 INTERNATIONAL
RESIDENTIAL CODE, 2015 INTERNATIONAL ENERGY CONSERVATION CODE,
2015 INTERNATIONAL EXISTING BUILDING CODE, AND LOCAL AMENDMENTS
THERETO; AMENDING TITLE 10, CHAPTER 2, MERIDIAN CITY CODE,
ADOPTING THE 2017 IDAHO STATE PLUMBING CODE, PERMIT REQUIRED,
APPLICATION ISSUANCE, FEES, INSPECTION REQUIREMENTS, AND
PENALTIES; AMENDING TITLE 10, CHAPTER 3, MERIDIAN CITY CODE,
ADOPTING THE 2017 NATIONAL ELECTRICAL CODE AND LOCAL
AMENDMENTS THERETO, PERMIT APPLICATION, ISSUANCE, AND FEES;
AMENDING TITLE 10, CHAPTER 4, MERIDIAN CITY CODE, ADOPTING THE 2015
INTERNATIONAL FIRE CODE AND LOCAL AMENDMENTS THERETO;
AMENDING MERIDIAN CITY CODE SECTION 10-5-2, LOCAL AMENDMENTS TO
THE 2012 INTERNATIONAL MECHANICAL CODE; AMENDING MERIDIAN CITY
CODE SECTION 7-2-8, REGARDING PARKING IN FIRE LANE; ADOPTING A
SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
�.tgD AUGUST
4
/? woe- �
P � C�tY 04
it -
IDN
"'�( o
of NiVidian
Mayor and City Council NQ
By: C.Jay Coles, City Clerk
First Reading: JI Z ?L b / ;�91 7
Adopted after first reading by suspension of the
Rule as allowed pursuant to Idaho Code
§ 50-902: YES_ NO
Second Reading:
Third Reading:
STATEMENT OF MERIDIAN CITY ATTORNEY AS TO
ADEQUACY OF SUMMARY OF ORDINANCE NO. 17- 17 5L
The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby
certifies that he is the legal advisor of the City and has reviewed a copy of the attached
Ordinance no. 17--L751 of the City of Meridian, Idaho, and has found the same to be true and
complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3).
DATED this 0� day of I , 2017.
G
William L.M. Nary, City Attorney
CODE ADOPTION AND LOCAL AMENDMENTS:
2015 IBC, 2012 IRC, 2017 ISPC, 2015 IECC, 2017 NEC, 2015 IFC, AND 2012 IMC PAGE 32 OF 32
Meridian City Council Meeting
DATE: November 28-2017 ITEM NUMBER: 12
ITEM TITLE:
Future Meeting Topics
PROJECT NUMBER:
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS