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2011-01-25~E IDIAN~- CITY COUNCIL REGULAR MEETING AGENDA Tuesday, January 25, 2011 at 7:00 PM 1. Roll-Call Attendance X David Zaremba X Brad Hoaglun O Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance Troop 28, Meridian First Ward 3. Community Invocation by Darrell Taylor of Ten Mile Christian Church 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approve Minutes of January 11, 2011 City Council Workshop Meeting B. Approve Minutes of January 18, 2011 City Council Special Meeting C. Acceptance Agreement for Display of Artwork of Michael Rusnack in Initial Point Gallery, January 28 to February 25, 2011 D. Acceptance Agreement for Display of Artwork of Joni Frey in Initial Point Gallery, March 25 to April 22, 2011 E. Acceptance Agreement for Display of Artwork of Edie Schulte Martin in Initial Point Gallery, March 25 to April 22, 2011 F. Acceptance Agreement for Display of Artwork of Sylvia Cohen in Initial Point Gallery, November 4 to December 2, 2011 G. .Acceptance Agreement for Display of Artwork of Shirley Williams in Initial Point Gallery, June 17 to July 15, 2011 Meridian City Council Meeting Agenda -Tuesday, January 25, 2011 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 6. Items Moved From Consent Agenda 7. Action Items A. Public Hearing: VAR 10-004 Fast Eddy's Ten Mile Station by Steve Eddy Located at 750 N. Ten Mile Road Request: Variance to UDC 11-4-3-39.C, Which Requires an Unenclosed Vehicle Washing Facility to be 100 Feet from a Residential Zoning District Approved B. Public Hearing: Adoption of 2009 International Building Code, 2009 International Energy Conservation Code, 2009 International Residential Code, and Amendments Thereto C. Ordinance No. 11-1472: Adoption of 2009 International Building Code and Amendments Thereto; Adoption of 2009 International Energy Conservation Code and Amendments Thereto; Adoption of 2009 International Residential Code and Amendments Thereto; Adoption of 2009 International Mechanical Code and Amendments Thereto; and Amending City Code Provisions Regarding Solid Fuel Heating Appliances, Penalties, Plumbing Permit Fees, Electrical Permit Fees, and Mechanical Permit Fees Approved D. Public Hearing: Adoption of 2009 International Fire Code and Amendments Thereto E. Ordinance No. 11-1473: Adoption of 2009 International Fire Code and Amendments Thereto Approved 8. Department Reports A. Mayor's Office: Mayor's Youth Advisory Council (MYAC) Update Moved up and Heard Before Action Items B. Mayor's Office: City Scholarship Program Update C. Legal Department: Discussion Regarding Proposed Amendments to Title 2, Meridian City Code, Regarding Traffic Safety Commission Membership and Meeting Location; and Planning and Zoning Commission Meeting Location D. Legal Department: Ordinance No. 11-1474: Amendments to Title 2, Meridian City Code, Regarding Traffic Safety Meridian City Council Meeting Agenda -Tuesday, January 25, 2011 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Commission Membership and Meeting Location; and Planning and Zoning Commission Meeting Location Approved E. Mayor's Office: Resolution No. 11-770: A Resolution of the Mayor and the City Council of the City of Meridian, Appointing M. Blaine Tewell, Jr. to the Vacant Seat of the Meridian Traffic Safety Commission; and Providing an Effective Date Approved F. Parks Department: Memorandum of Agreement Concluding Mo Brooks Baseball Field Complex Partnership with Meridian Athletic Roundtable, Inc. Motion Approved to Waive Fees for Tournament and Approve Agreement G. Legal/Clerks and Planning Departments: Expired Development Agreements Update Councilman Zaremba gave Mayor and Council an Update on Air Quality Board Meeting Adjourned at 9:20 p.m. Meridian City Council Meeting Agenda -Tuesday, January 25, 2011 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting January 25, 2011 A meeting of the Meridian City Council was called to order at 7:12 p.m., Tuesday, January 25, 2011, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Brad Hoaglun, and David Zaremba. Members Absent: Charlie Rountree. Others Present: Bill Nary, Jaycee Holman, Anna Canning, Bill Parsons, Bruce Freckleton, Brent Bjornson, Jamie Leslie, Joe Silva, Steve Siddoway, Garrett White, Robert Simison and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Thank you for your patience in waiting for us. Sorry we are starting a few minutes late. But welcome to our City Council meeting. For the record it is Tuesday, January 25th. It's 7:12. Madam Clerk, will you, please, start us with roll call attendance. Item 2: Pledge of Allegiance Troop 28, Meridian First Ward De Weerd: Item No. 2 is the Pledge of Allegiance. Tonight we will be led by a representative from Troop 28. They are with the Meridian First Ward and their scout master is Curt Farmer. So, boys, who drew the short straw? All right. Come on forward and get us kicked off here. (Pledge of Allegiance recited.) De Weerd: I'd like to thank you -- young man. Since you had the braveness to get out in front of us, I do have a City of Meridian pin to give to you. So, thank you for leading us today. Thank you. Item 3: Community Invocation by Darrell Taylor of Ten Mile Christian Church De Weerd: Okay. Item No. 3 is our community invocation. Tonight we will be led by Darrell Taylor. He is with Ten Mile Christian Church. 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. Meridian City Council January 25, 2011 Page 2 of 52 Taylor; Thank you, Madam Mayor. Father in Heaven, what a blessing it is to come together, Father, ask for your wisdom and guidance during this meeting and, Father, as the new year gets a good start on it we are just so truly thankful, Lord, for living in a free country and ask that you will be with those that are protecting it tonight here on friendly soil and, then, on foreign soil, Father. Ask, Lord, that you will just continue to guide and direct us as we live for you. I thank you, Lord, for these men and women that are dedicated to make Meridian a better place and, Father, for Troop 28, for the young men and for their sponsors, Father, for the dedication that they have to better their life, Father. I just thank you for their involvement and, Father, again, what a blessing it is to be here and just to call Meridian home and we just thank you in Jesus' name, amen. De Weerd: Thank you. Now, do we have two troops here tonight? So, what is the other troop number? 174. So, welcome to Troop No. 174. Thank you for joining us. Bird: Ask them who sponsors it. De Weerd: And who is your sponsor? Do you have a sponsor? Sunnybrook Ward. Well, thank you, boys, for being here this evening. Item 4: Adoption of the Agenda De Weerd: Okay. No. 4 is adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: A couple items to note on tonight's agenda. We do want to move Item 8-A in Department Reports up to in front of item 7, Action Items, so we will hear the Mayor's Youth Advisory Council before we get into Action Items, Item 7. Under Item 7, 7-C is ordinance number 11-1472 and Item 7-E is ordinance number 11-1473. Under Department Reports, Item 8-D, is ordinance number 11-1474 and 8-E is resolution number 11-770. And with that Madam Mayor, I move adoption of tonight's agenda. Zaremba: Second. De Weerd: I have a motion and a second to adopt the agenda as stated. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda A. Approve Minutes of January 11, 2011 City Council Workshop Meeting Meridian City Council January 25, 2011 Page 3 of 52 B. Approve Minutes of January 18, 2011 City Council Special Meeting C. Acceptance Agreement for Display of Artwork of Michael Rusnack in Initial Point Gallery, January 28 to February 25, 2011 D. Acceptance Agreement for Display of Artwork of Joni Frey in Initial Point Gallery, March 25 to April 22, 2011 E. Acceptance Agreement for Display of Artwork of Edie Schutte Martin in Initial Point Gallery, March 25 to April 22, 2011 F. Acceptance Agreement for Display of Artwork of Sylvia Cohen in Initial Point Gallery, November 4 to December 2, 2011 G. Acceptance Agreement for Display of Artwork of Shirley Williams in Initial Point Gallery, June 17 to July 15, 2011 De Weerd: Item 5 is our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: No changes on the Consent Agenda, so I move approval of the Consent Agenda and the Mayor be authorized to sign and the Clerk to attest. Zaremba: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. If there is no discussion from Council, Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Items Moved From Consent Agenda De Weerd: Okay. We did not have any items moved from the Consent Agenda. Item 8 Department Reports A. Mayor's Office: Mayor's Youth Advisory Council (MYAC) Meridian City Council January 25, 2011 Page 4 of 52 Update De Weerd: However, we are moving Item 8-A in front of our action items. So, I would invite our youth council representative Colton. Thank you for joining us. Granger: Say my name on the record? De Weerd: We'd love you to introduce yourself. Granger: Hi. I'm Colton Granger, the Rocky Mountain co-president of my junior class and the chair elect to the government affairs sub committee. I'm happy to be here tonight and share what we on MYAC have been doing. Actually, the Eagle Mayor Fehrman joined us last month to learn about how -- I mean what MYAC accomplishes and he was pretty impressed with overall what we have done so far and the commitment of the youth in general. On our government affairs sub committee we are having a legislative breakfast this Saturday at Rick's Press Room. We will be discussing the proposed texting while driving bill, Spice, and other legal issues. The members of Meridian police department will be joining us to talk about the implementation and such. For our Teen Activity Council we have this Friday night, actually, is our Ignite Youth. That's an event which is being completely put together by the youth and it's, basically, ten presenters will give five minute speeches on some idea that they have -- really any topic is all right. They are also planning a Love Stinks party in February. Our community -- De Weerd: That was Love Stinks? Granger: Yeah. Love Stinks. De Weerd: Oh. Okay. Granger: Yeah. Our community involvement sub committee is planning a dinner auction, which will benefit the senior center -- the Meridian Senior Center. That's on March 24th and is at 6:30. Tickets are 20 dollars and table sponsorships that we will offer to local businesses are for 150. De Weerd: Or to any of you. Bird: Uh? De Weerd: Or to any of you. Granger: Anyone in the room. And currently we are looking for auction items, so -- De Weerd: Good job. Granger: Thank you. Meridian City Council January 25, 2011 Page 5 of 52 De Weerd: Any questions for Colton? Bird: No. Thank you. Good report. De Weerd: I would say Ignite Youth is actually on February 4th, a week from Friday. You're making the State Of The City address too early, because that would mean it would be tomorrow and I'm not ready. Granger: All right. De Weerd: But thank you, Colton, for joining us. Item 7: Action Items A. Public Hearing: VAR 10-004 Fast Eddy's Ten Mile Station by Steve Eddy Located at 750 N. Ten Mile Road Request: Variance to UDC 11-4-3-39.C, Which Requires an Unenclosed Vehicle Washing Facility to be 100 Feet from a Residential Zoning District De Weerd: Okay. We will move to Item 7-A, which is a public hearing on VAR 10-004. will open this public hearing with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. The subject property before you this evening is located on the southeast corner of North Ten Mile Road and West Pine Avenue. The physical address is 750 North Ten Mile Road. If you recall in -- earlier in -- or later in 2010 the City Council acted on the application to rezone this property and approved a Conditional Use Permit and design review for a fuel cell facility, a convenience store with drive-thru and a vehicle washing facility. With the rezone of that property -- the actual boundary of the C-C zone moved to the center line of North Gray Cloud Way that you see before you. So, the zoning map that's before you does not adequately address the zoning of the property, but it has moved from the existing boundary to the center line of that roadway. And so with the approval of that CUP, the applicant did comply with the specific use standards for a vehicle washing facility and with that specific standard the applicant was required -- any portion of that vehicle washing facility that was to be located a hundred feet -- within a hundred from the residential district needed to be enclosed. That's how the code reads now. And so in order to comply with that the applicant went ahead, added some doors to one of the bays that encroached and also removed one of the vehicle washing -- or, excuse me, one of the vehicle vacuum facilities from the site in order to move forward with their CUP. I would mention that staff has also approved a certificate of zoning compliance and that approved site plan is on the left-hand side and, in fact, showed the removal of that vacuum station and also showed overhead doors. So, what I have showed you on the right hand of the screen is I have tried to display what the applicant's proposing tonight or acting on as far as the variance request. So, if you notice in the northeast Meridian City Council January 25, 2011 Page 6 of 52 corner there the applicant's wishing to add that vacuum station back and, then, also have highlighted that vehicle washing bay that shows automatic doors at one point and, again, the applicant's asking to remove -- asking Council to grant the variance to remove the requirement for the doors on that facility. And, then, also if you notice in the lower right-hand -- or, excuse me, lower right-hand corner you will see that I have denoted the actual zoning designation boundary. So, that line there and that site plan represents the center line of the roadway. So, west of that line we have C-C zoned property and east of that we have a current R-15 zoning that the multi-family structures are currently zoned. And, then, also what I tried to do on this slide is kind of graphically depict current location of that facility and, then, the adjacent -- the proximity of that facility to the actual habitable space of those multi-family structures. So, basically, what you have here is -- I don't know why my -- my rectangle didn't show up. I apologize. It seems to have disappeared on me. But, basically, you have a 15 foot setback to the existing facility and, then, from -the back of that facility a vehicle washing bay to the habitable space is approximately 140 feet. So, I did want to point that out to you. Also one of the standards under the UDC for vehicle washing facilities, if those facilities are located within the hundred foot distance they are subject to -- or restricted to certain hours of operation. In this case it's 6:00 a.m. to 11:00 p.m. With the subject variance request the applicant is now proposing to change those hours of operation. Mainly just add that vacuum bay and remove the doors. I did also want to point out that if the Council does grant the variance request staff is recommending that the applicant construct a masonry wall and that -- I can go forward on the slide here and that would be proposed here. I have it highlighted in red. So, to, essentially, just enclose that -- the location that they are proposing the vacuum bays. That seems to be the biggest concern with the noise generation for these facilities is that the noise of those vacuums could be -- could encroach onto adjacent neighbors -- or adjacent properties. The reason just for those boundaries is staff felt with the addition of the vehicle washing building that would help the southern residential properties from noise. So, really, the impact would be primarily to the eastern properties, so there was no requirement for a wall along that whole boundary. I would mention to Council that we did receive applicant -- testimony from the applicant. He has requested that Council approve the variance request with the exclusion of that wall. Staff has not received any written testimony from any adjacent property owners or any to that effect. There are no outstanding issues before you this evening. Staff is recommending denial of the variance just predicated on the fact that we could not meet all the findings in the UDC. Given the fact that the property is currently vacant and the approved CUP for the site, the applicant has shown that they are in compliance with the UDC requirements, staff had to recommend denial. So, with that that concludes my presentation. I would be happy to answer any questions you may have. De Weerd: Thank you, Bill. Council, any questions? Bird: Not at this time. De Weerd: Okay. Is the applicant here? Meridian City Council January 25, 2011 Page 7 of 52 Eddy: Steve Eddy. 770 Ustick, Meridian. De Weerd: Thank you. Eddy: Madam Mayor and Council Members, I guess I got to bring up some stuff in the past on this is when we got close to the end of -- about to submit for our conditional use and design review this issue came up really late that kind of hit me by surprise and think hit Bill by surprise at the end when we were going through our review. So, we removed those items to get the project rolling forward, anticipating coming back for a variance. I guess I will talk first about the car wash bay. That last car wash bay is just a wand bay. There is not a wand bay in this valley that's got doors on it. There is no noise, really. I mean the noise in the reports we have got back, that -- that wand bay throws out like a 20 decibel, which a typical conversation is 60 decibel. So, that's the wand bay. The vacuum -- we have got some reports and Bill has got the report, I think. I have got a decibel report on those vacuums like that we put it in and the vacuum at -- I mean from the closest residence we measured 140. That's from the car wash building. The vacuum's another almost 30 feet. So, if we take 150 feet and use that, the decibel rating is 51 and a normal conversation is 60. So, these aren't loud vacuums like you would see in a -- you know, one of the string of vacuums and those type of things. The wall -- I just think the wall is going to be a crime problem and a problem back there and that's what scares me. So, what we would propose is to put some tops on top of the vacuums, besides the plastic tops, that are more decorative with a roof on them to match the C store and with -- with this noise chart that we have in front of you it shows a 60. I would say we would drop that probably to a 35, which is -- I mean way below a normal conversation and, again, when we came through before this just -- it kind of hit us by surprise. We thought the site was okay, we thought the use was okay, how it was laid out. With the original property owner, if I would have known this was a problem we would have flipped the car wash and bought the frontage along Ten Mile. But at the time I had already closed on the real estate and we were done and down the road when this thing came up. So, I mean when I look at the variance and stuff I think it is an honest kind of hardship, because we didn't know and it was -- I mean it was our fault that we probably didn't do a little more investigating, but I don't want to say it got missed by staff, but we both kind of hit it at once that since the -- Bill's probably got a better term on this -- a vehicle washing facility tied to a C store or fuel facility, we didn't think those standards would be the same and, again, with the vacuum and with the car wash I don't think it's going to be a noise problem for the neighbors at all. Plus, you know, we are going to close at 11:00 o'clock at night and we have had no negative testimony. All we have had on this whole site the whole way has been positive testimony. So, I guess would ask that you, please, grant the variance without the wall and any questions you guys might have. De Weerd: Thank you. Council, any questions? Bird: I have none, Mayor. Hoaglun: Madam Mayor? Meridian City Council January 25, 2011 Page 8 of 52 De Weerd: Mr. Hoaglun. Hoaglun: Steve, this -- what we are looking at here for the decibels -- that is with the roof in place? Eddy: No. That is without the roof. Hoaglun: Okay. That's -- I wanted to be sure I understood that, so -- Eddy: So, if you look at 150 feet, which we exceed that, we are at 51 decibel and if you look down below a normal conversation I think they rate as a 60 decibel. Just -- you know, that's talking. Yeah. The 60. A quiet neighborhood is a 55. See, now we are under a quiet neighborhood plus the roof. Hoaglun: And by the looks of that you had, what, three vacuum bays total? Eddy: No. We had -- we will -- Hoaglun: Just two. Eddy: Two. We will have two. There will be one between the cars -- those further cars there where that car is parked and I guess it would be to the west. So, it would be two total. One's outside the residential district boundary, so it's fine. Hoaglun: Okay. Thank you. De Weerd: Okay. Any other questions? Okay. Thank you, Steve. Okay. This is a public .hearing. Is there anyone who would like to provide testimony on this item? Is this your family night out? You really know how to treat the family, uh? Council, any additional information needed? Bird: I don't. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing no more, I move we close the public hearing on VAR 10-004. Hoaglun: Second. De Weerd: I have a motion and a second to close the public hearing on Item 7-A. All those in favor say aye. All ayes. Motion carried. Meridian City Council January 25, 2011 Page 9 of 52 MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve VAR 10-004, a variance with elimination of the six foot masonry wall with the adding of roof above the two vacuums and to include staff and applicant testimony. Hoaglun: Second. De Weerd: I have a motion and a second on Item 7-A to approve. Any discussion? Seeing none, Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. B. Public Hearing: Adoption of 2009 International Building Code, 2009 International Energy Conservation Code, 2009 International Residential Code, and Amendments Thereto D. Public Hearing: Adoption of 2009 International Fire Code and Amendments Thereto De Weerd: Okay. I will go ahead and open the public hearings on Items 7-B and 7-D. 7-B is public hearing to adopt the 2009 International Building Code, the 2009 International Energy Conversation Code, and the 2009 International Residential Code and amendments thereto. As well a public hearing on adoption of the 2009 International Fire Code. So, I will turn this over to staff at this time. Freckleton: Thank you, Madam Mayor, Members of Council. As promised back in December we are bringing the -- our proposal to you for the adoption of these codes. Appreciate you opening both items together. We have prepared a short presentation that we have collaborated on with our colleagues in the MFD. Tonight we have Brent Bjornson, building services representative, here to go through the presentation for the proposal for the building codes and, then, there will be a segue in the middle of that for Joe to speak to the fire code portion as well. We also have Daunt Whitman here, our building official -- contract building official. He is here just in case there is any questions -- excuse me -- that might come up during these items, so at this point in time I will turn it over to Brent. Meridian City Council January 25, 2011 Page 10 of 52 De Weerd: Thank you, Bruce. Bjornson: Thank you, Bruce. Madam Mayor, Members of the Council, good evening. If you recall we presented the building code adoption information to you before at a workshop discussion on December 14th, 2010, and the next seven slides will be a very brief presentation and, then, I will turn it over to Joe, as Bruce stated, and we will follow with the MFD, Meridian Fire, adoption slides after our presentation. Moving forward, on this first slide what you're looking at -- as you're aware, the state of Idaho regulates the minimum standards for code adoptions that municipalities follow and that's Idaho Code Section 39-4-116. The top adoptions are the required codes per statute. I'll let you read through those. And, then, down below is the additional adoptions proposed by development services. Those are not required by state. The International Mechanical Code and the International Fuel and Gas Code, the ones above are. We are choosing to follow the state recommendation. They are moving from the 2003 -- they skipped the 2006 adoption and moving straight to the 2009 adoption, which will be formally in place in July I'm told this summer, so we propose the same path. The Mechanical Code also works in companion with the International Fire Code, which is 2009, so it keeps us all on the same playing field. The next slide is the local amendments, which affects all five code disciplines, structural, electrical, mechanical, plumbing and electrical. What you're looking at is a permit refund policy that we feel needs to be put in place. Customers are eligible for up to 80 percent of a refund of their permit fee if no work has been commenced and the request is received while the permit is still active. We think this is going to be quite popular in the community and should help people out that don't choose to move their projects forward. We haven't had anything officially in place previously for that. The next item is a plan review refund policy. Same issues here. We haven't had definitive policy in place with this and what we are proposing is that plan review fees are not to be refunded in part or in whole once the plan review is complete. Totally separate from the building permits. The next item we'd like to add in we also think is popular is the permit transferability and, basically, a valid permit may be transferred from one permit holder to a new permit holder upon written request by the current permit holder. Permit fee payments. This is one that we are -- would like to propose adding a payment for all permit fee types required at the time the permit is issued. Essentially, with the new software, the enterprise wise solution we have coming on board that's going to handle 24/7 payment, as well as the e-commerce was implemented. Our business plans have several different options for payment and this will reduce staff time significantly and the burden for billing, bill collection, all those types of things that come to mind. The last item for the local amendments is residential detached accessory structures and the issue here is that the International Residential Code has a yo-yo effect. It's an every three year cycle they want to make it 200 square feet. The next three years they want to make it 120 and, then, they are back to 200 and 120 and this year they are back to 200. We propose keeping it at 120. We have spoke to planning that the 120 is currently in the Unified Development Code and so we want to just keep those thresholds the same. That does it for the local amendment portion. Statutory process. Notice of intent was provided to all the following groups. We have not received any negative verbal or written comments. We hard copy mailed all of those organizations before you and, then, notice of the meeting -- of this public hearing this Meridian City Council January 25, 2011 Page 11 of 52 evening was published in the Valley Times, the official newspaper of the City of Meridian on December 20, 2010. Flexibility of enforcement. The proposed code adoption increases the requirements for greater energy -- excuse me -- efficiency and residential building envelopes and residential mechanical systems. What are we doing? We are enforcing the minimum code requirements while being flexible. That first bullet there, mechanical duct design and system sizing. This is kind of a biggy. The Air-conditioning Contractors Association of America requires compliant design for every new residential start and I might add this does not affect any additions or remodels, it's just new residential starts for mechanical equipment sizing and duct sizing. It is required in the energy code and it's referenced through manuals J, D and S. There is also flexible alternatives that are provided and spoke to in the code that we are going to maintain different options for different proprietary softwares, whatever the building community would like to submit and they can also do it handwritten if they choose. The valley trend seems to be the right software, which is a proprietary software that's quite popular and that seems to be the trend in the valley. So, we expect to see quite a few with RightSoft, but we are opening it up to whatever they would like to submit from the builder's side. Duct blaster test checks the tightness of that duct system that I just spoke to, it's new in the 2009 energy codes and mandatory for all municipalities per Idaho statute and the subsequent adoption of such. There are no exceptions to this. We'd like to have some flexibility, but, unfortunately, we are going to keep it simple, though. That test we are just going to ask the building community to place a sticker on the HVAC equipment in the field, as opposed to specialized equipment, different testing procedures that other municipalities are doing. The blower door test is the next bullet point you have there or visual inspection. The code allows one or the other. Meridian Building Services performs visual inspection, thereby providing greater flexibility. Some municipalities are requiring third-party testing and documentation prior to final inspection, so we want to keep that flexible. We don't want to require a test with test equipment on site, with contractors coordinating, with inspectors trying to meet out there, that would be very difficult. So, we want to keep that simple for everybody, so we are choosing the -- the more flexible option on that. Air balancing was something that I spoke to during the workshop as well. I think Council -- Mr. Rountree asked about that a little bit and the flexibility of air balancing and the air balancing is not specifically required by the code at this time. Other municipalities are requiring testing and documentation prior to certificate of occupancy. Meridian Building Services will not require this until mandated by the code at this point in time. It's not in the code. De Weerd: Brent, was that about the building envelope and the air tight -- is that what Councilman Rountree's concern was? Bjornson: The air balancing -- what that does is in the heating-ventilation system you have got a supply duct and, then, you have got branch ducts to each of the rooms. There is dampers in those ducts and the CFM flow of air has to be at a certain standard and so the balancing and testing helps the comfort and helps balance that system and that air flow. The envelope tightness is the -- is a blower door test or the visual inspection, that second bullet from the bottom, where a test is actually performed on the Meridian City Council January 25, 2011 Page 12 of 52 envelope for the energy tightness of the glazing, the caulking, the installation. So, that's your envelope test there on the blower door -- or visual inspection. The duct blaster test is testing that HVAC system in the crawl space for duct tightness and leakage. So, the duct blaster test and the air balancing go together with the duct system under floor. The blower or visual inspection is for the building envelope shell insulation properties. We are trying to keep up with it. All staff has been great. As a side note I do appreciate Daunt's attendance tonight. We tried to get our mechanical code official Terry Medley to present, too, but he had another commitment and it was short notice, but we are trying to wrap our arms around all of this. It's in its infancy. I think everybody in the valley is on the same page and we have had those discussions with BCA to some degree, too. So, any other questions on that slide that Imight -- the other -- next slide here, the second flexibility of the -- the slide is an intriguing one that -- you might find interesting. One of the benefits of the 2009 International Building Code is that it provides flexibility in a reasonable manner for the use and reuse of commercial buildings. Commercial existing buildings. So, how is that? The International Existing Building Code is just that, it's the existing building code. We are adopting by statute the International Building Code, but this International Existing Building Code is historically not adopted by most municipalities due to broad conflicts in the IBC and that's true for many municipalities, that are very careful if they move forward to put the International Existing Building Code -- De Weerd: Brent, can you explain what that -- what you just said? Bjornson: Yeah. It's -- we are proposing adoption for the International Building Code, which governs all new commercial tenant improvements. The International Building Code is the IBC. On the residential side we have the IRC, which is the International Residential. What this code is is an International Existing Building Code that's been in place through the International Code Council for quite some time and it deals with all the gray area in between, all the existing buildings, and how we deal with those from a code application inspection, public life safety standpoint. And to confuse you a little bit further, if I go back to the IBC, what we have historically adopted and what we have -- Chapter 34 of the IBC speaks to existing structures. It's about five or six pages. And so what the IBC is doing now, which it has never done previously, it's saying that in Chapter 34 we are going to point everybody to this International Existing Building Code. De Weerd: Okay. We need to work on common language. Bjornson: I'm trying to keep it as simple --Imight go to the next bullet and see if we can help clarify a couple other things. The IBC did not previously reference the International Existing Building Code. Chapter 34 of the 2009 IBC now references the IEBC, so we have got -- we have got an International Building Code and we have got an existing building code. De Weerd: We are going to ask our Boy Scouts if they understand what he's saying. And if you do will you, please, come up and tell me. Yeah. You did pick a riveting discussion, didn't you? Meridian City Council January 25, 2011 Page 13 of 52 Bjornson: I'm going to keep this simple. I'm going to wrap this up and -- what I'm going to try to say -- one more -- in a different way is there is two significant codes for all commercial work. You have got the International Building Code here, which is our -- our book, if you will, that's mandated by the state. Then you have got the International Existing Building Code over here. The Existing Building Code deals with all existing structures in every way, shape, and form. In this IBC over here only one chapter, Chapter 34, addresses all of this Existing Building Code on this side and never before have the two really come together, they have been separate documents, and so in the code that we historically adopt, the IBC, through the language they would integrate the IEBC, which is going to make it nice for places like Old Town, the residential to conversions less restrictive, more flexibility, ADA, a lot of different things that will open the doors where we couldn't do it before to promote more flexibility in the areas of downtown, Old Town, and other areas of the city. De Weerd: Thank you. It's the visual that really helps. Yes. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Bird: I don't know whether this helps or not. The word building can be either a noun or a verb and I think it's used differently in these two titles. Correct me if I'm wrong here. The International Building Code is an international construction code and the other one would be an existing structure code. Is that -- Bjornson: Yes, sir. Zaremba: Is that a fair differentiation between the two different codes using the same word? Bjornson: Yes, sir. And they are both publications by the International Code Council and they are both for commercial work and -- yes. De Weerd: And I guess just clarification -- Zaremba: If that helps. De Weerd: Oh, yeah. No. The visual did it for me. Zaremba: Okay. De Weerd: Brent, we did get an a-mail from a resident who had questions about the international -- why -- why were we at the local level trying to adopt an international code and I -- what my response was is we adopt the code that the state adopts and that's -- that international code is set at the national level. Is that correct? Meridian City Council January 25, 2011 Page 14 of 52 Bjornson: That's correct. The code used to be the Uniform Building Code, you know, back -- prior to the year 2000 and in 2000 several organizations merged and it became the ICC, the International Code Council, which now puts out these publications and the word international is a big fancy word on the front of the book that I think globally people are trying to have one -- whether it's Abu Dhabi in the middle east or, you know, in New York, where ever you might be, they are trying to have some consistency in the code application for the good of all people and public safety. As it relates to Meridian you're exactly correct, it's a big word on the front of the book and it's mandated by state statute and it's -- it's just, basically, the building code guide to construction design and inspection. De Weerd: Well, having seen a building go up in Mexico and in China, I don't think we are adopting the same codes they do. Hoaglun: Madam Mayor and Brent -- and I want to be sure. It looks like we are able to make amendments to this to fit our community to some degree. I mean it's not -- De Weerd: It's more restrictive. Hoaglun: -- swallowed whole. If we see a change that wants to make it -- tweak it a little stronger we can do so. Bjornson: Absolutely. Yes, sir. In fact, I was at a code seminar today as an update in this International Existing Building Code, it's going to be the staple moving forward that is going to be into the future the code that regulates all existing structures. A tenant moves in -- you know, tenant moves out, new tenant moves in, old residential to new commercial, all those conversions where they want to keep some of the streetscape, not do a hundred percent compliance, it's going to allow a lot of flexibility for our discretion, yes, moving forward. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: And that's -- that's one of my biggest concerns is all the flexibility in here. If we had the same guy calling it every time it would be different, but you're going to have different people reviewing and calling the flexibility. There is certain areas that I -- while don't like the International Building Code for the simple fact is Meridian don't need the same codes that Chicago or New York or anybody else has, in my opinion. It is something we have to adopt. I have problems with flexibility, because I have seen inspectors that will have allowed stuff go by, especially -- and you're talking about air balancing. If you -- you know, if you ever figure out a way to balance a residential house, let me know, because the balancing of air means it's how you put your furniture in, how you do this and how you do that and a commercial building is a lot easier to Meridian City Council January 25, 2011 Page 15 of 52 balance than a residential and I don't even know why they worry about stuff like that, but they are doing it. Bjornson: Yes, sir. I agree. You know, it's interesting in my mind that they can apply a new balancing type system and require dampers in the ducts, but not require testing, and I think there is a lot of growth -- I think we are going to see more as the codes evolved and it's -- there is -- it's a large debate. I agree it's going to be interesting as we move forward. Fortunately we have the code body in Idaho that helps us keep a lot of those at bay that we can and make it right for Idaho and local municipalities, so -- De Weerd: I guess my question for any of the three of you is how do we -- do we do training for inspectors to at least provide consistency from inspector to inspector? I kind of took something from what Councilman Bird said and interpretation in that flexibility and as long as we are consistent among each of those in our department that go out and inspect, I think that's what we are most interested in. Bjornson: Madam Mayor, if I might respond to that. It's interesting in my code update seminar today the comment was made to one of the municipality inspectors, they said that you don't have one code, you probably have five codes and he said why is that? Well, because we have five inspectors. And that's the kind of thing that we don't want to do. Everybody has got a different opinion on how they inspect or there are things that are important to them. I meet with our team regularly. These guys are -- they are great. We have open communication, they strive for consistency and equality. Sometimes it doesn't always work like that in practical application, but that is our goal and, you know, an electrical contractor that drives one ground rod, for example, in Meridian that has to drive two, you know, a mile away, you know, those kind of code differences, I question those, too, and with the consistency of inspection we really strive to do that and through my field surveys that I do twice annually, we asked the building community, you know, how we are doing, what can we do to make things better and we try to benchmark and keep our finger on the pulse on that quite regularly. De Weerd: I appreciate that. Bird: And, Madam Mayor, talking to -- I think Daunt and his crew and you guys have done a very good job of getting that changed, but it can go back -- revert back to like it was six, seven, eight years ago where one inspector would go in and check everything. Next guy would go stick his head in and sign the thing and be gone. They was all getting the same amount of money. Bjornson: Mr. Bird, yes, sir, six or seven years ago the volume in Meridian was -- as you know. I don't need to tell you. Anyhow, I can tell you that Mr. Whitman here, his presence tonight and the guys that we are working with, the collaboration that they have demonstrated to our team, our staff, it's -- I'm thankful for what they are doing and I think we are just moving forward and the field surveys show that as well, so appreciate the comments. Meridian City Council January 25, 2011 Page 16 of 52 De Weerd: Well, we appreciate those efforts and as I have talked to on occasion to our group of inspectors, you have quite a weighty responsibility. Your inspections determine the health and welfare of our buildings in our city. So, we appreciate the work you do and -- because it's extremely critical to the long-term welfare of our city, so -- Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Since we are having discussion, let me go back to one of the first things that you brought up and that was the refund of permits and I guess my question is -- the statement said something like there has been no activity on the project, where does that relate to what we also get as time extensions for the signature on the plat? If -- has the plat already been signed before it gets to the point where they get a permit, so -- what I'm worried about is somebody comes in for a refund and we have given them a time extension or something. So, that -- that's irrelevant; right? The plat has to have been signed, whether it got an extension or not, before you're even talking about the permits that you were talking about. Bjornson: Yes, sir. Zaremba: That's fine. Thank you. Bjornson: We did have an applicant recently that we work with Mr. Nary on that after four years requested a full refund that was in excess of 10,000 dollars and it was -- it raised a few eyebrows and a few questions as you might imagine and we wanted to go back and look at some of our things that are in place and processes and what the code language speaks to with refund policy and permit transferability and permit expiration. A building official has the option to extend permits for 180 days at his discretion and those are the exception and, yes, plats are signed. Zaremba: Okay. Thanks. Actually, that brings up another question, if I may. Same thing on another time extension. If somebody got their project approved when we had the 2003 International Building Code as our standard and they got a couple time extensions and now we have the 2009 code, do they have -- do they have to apply -- do they have to meet the code that existed when they got approved or when they break ground? Bjornson: When it was date stamped in, if they were date stamped under the 2003 building code, the 2006, for example, and Daunt has extended them a couple of extensions, then, they would still be under the 2006 or 2003 as it may be. It's -- it wouldn't be until that permit expires and it's, you know, off the books that they would have to re-apply, a new application and be under the codes that are in effect at that time. So, all that to say is that as long as it's an active permit they would be under the code that they submitted under. Meridian City Council January 25, 2011 Page 17 of 52 Zaremba: All right. Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Brent, that don't seem right to me. The code that -- when they break ground -- when they come get the building permit, which -- to start a project, if they start it, then, if it was under 2006, that's what they build it under. But if get -- come and get it in 2012 when 2009 is in place, they have to do that don't they? We have always -- in our -- we always had to -- like ADA or anything like that, what the existing code when it was built -- when it was put up is what it had to be under. I could be wrong, Brent, but I thought that that -- Bjornson: Yeah. The permit -- the permit's only good for 180 days, Mr. Bird, and as long as there is activity you can continue to move forward. A building official is authorized to grant one time extension at his discretion as necessity dictates. So, in that case if it was that far out, it would be an expired permit. The other thing that we would consider is that if a permit sat and he was to give an extension or let's assume he even gave two, it would really be unfair to the design professionals with the thousands of dollars they spent designing it to the '03 -- there is a lot of things that would come into that and the redesign. So, as long as construction has commenced and the permit hasn't expired, it would be under the code that they have submitted under. Bird: Okay. Let me ask you another thing, Brent. Excuse me, Madam Mayor. If I may. Do you see -- any three of you see a much added cost to this structure under this new code, the ACHV -- anything like that going to put five, ten, 20 percent to the cost of a building -- a residential or -- Bjornson: Mr. Bird, the HVAC, you know, that's a good question and the residential sector, quite honestly, what that also should accomplish is that through that -- initially there is going to be a learning curve for the people that are designing that duct size system, but in theory what it should do is -- more comfortable homes, more efficient energy systems, although the duct price may go up as the ducts get a little bit bigger, the sheetmetal is relatively inexpensive, but the system should be able to go down in size and should be cheaper, feasibly. That's the talk and the buzz that we have been hearing. So, the actual HVAC furnace portion of, should actually get more economical and allow designers to be more cost effective and where it lands at the end of the day is hard to tell. The 2009 codes as a whole -- every code adoption, every cycle presents different pros and cons related to cost and it's really hard for us to probably bench mark that without doing any statistical data for you. Bird: But you know, the thing that scares me with dampers and that stuff within the system if you don't have it tested is those dampers by being put in by uncaring people can be turned in backwards and just completely ruins the system and the poor people Meridian City Council January 25, 2011 Page 18 of 52 don't realize it. I kind of go along with you guys. If you're going to require that, you ought to also require them to have a test and that should come to us before we give the occupancy, in my opinion. Bjornson: Thank you, sir. The last slide that I have got here, basically, requests a retroactive date to January 1, 2011, which would be consistent with the Idaho statute for municipalities to adopt an effective date of January 1st. At this time I guess I would respectfully ask for -- stand for anymore questions that you may have and to approve the adoption as proposed and, then, we will move on to Joe Silva's slides. And, again, I'd like to thank Daunt for being here this evening. Is there any other questions that I can answer? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Brent, how many -- how many permit reviews have you done since January 1st? And did you do it under the 209 code? Bjornson: Yes, Mr. Bird, I would say on the tenant improvement side, which has been our main staple at this point in time, new commercial builds are -- all but Scentsy -- or just Scentsy. I'm going to guess about 20 tenant improvements to date and we have been flexible, allowing them to come in under either -- during this transition period. As of this meeting moving forward we will be 2009, but we have allowed that flexibility to the applicants. Bird: But are we -- are we making ourself liable if we retroactive it to January 1st -- if we allow them to build it under 2006 if they got the permit after January 1st -- Bjornson: Yes, sir. That's a good question. I guess it depends on how -- how we want to view this grace period. I don't know if you have any thoughts on that, Bruce. I -- De Weerd: Maybe we will ask Mr. Nary. Bird: He is ignoring us. De Weerd: Mr. Nary. Nary: I was thinking. Madam Mayor, Members of the Council -- De Weerd: It's nice that you do that now and then. Nary: It certainly wasn't something Iguess Iwas -- thought we were doing that. I would be concerned about anything that was granted in this interim between January 1 there is going to be this very unusual gap and we already made a decision to, basically, allow Meridian City Council January 25, 2011 Page 19 of 52 it to go past the January 1 because of the noticing requirements. I guess I'm not sure why there is a real necessity to relate it back to a date in the past. Bjornson: The only reason that we are asking for that was to be consistent with what the statute said. If we have flexibility with that -- and we may, then, we could start, you know, from this day forward. Nary: It was my understanding we did, that we did have that flexibility, so that we can adopt it, because I think it's troubling or problematic to try to relate it back to a date in the past. So, I think we have -- basically it's not going to be effective until it's published, so technically it really won't be effective until next Monday. Bjornson: Sounds great. And I think Emily had the same comments for us at some point. I think we did talk about the 25th moving forward and, then, internally somehow we looked at going back retro to January 1. But, in any case, whatever your guidance and recommendations are is what we do. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Brent, the only problem I have is -- is I don't like to go retroactive on something that we are just passing -- like tonight on the 25th we are passing it and then, we want to set it back. It's not fair to those people that have got their permits up to that. I would have no problem with making it -- making it effective January 26th, tomorrow. I just have a real problem going back. I just have some real concerns. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would have to say I agree with Councilman Bird. I -- monitoring and making it effective on the people in the 25 days, if there had been only one of them maybe I wouldn't worry about it so much, but if there has been several of them, I'm much more comfortable making it effective at midnight tonight if you want to. Bjornson: Yes, sir. And for the record I mean there is nothing -- we wouldn't go back and ask them for anything differently, but just for smart business, then, I guess it's appropriate to start from today or tomorrow moving forward. Bird: The thing that I look at, Brent, though, even if you don't go back and they are under 2006 and something happens a year down the line and it was -- permit was sent out after January 1st and we set 2009 in there, we are liable because we didn't make them build it to 2009, because we are saying that as of January 1st, 2011, we are going to enforce 2009 building code. That's why I don't like to go retroactive. Meridian City Council January 25, 2011 Page 20 of 52 Bjornson: Yeah. Freckleton: Madam Mayor, Members of the Council, I think that's sage advice. I think that's the way to go. And I think for the -- the time frame that we need to wait, Bill -- you said Monday? Nary: Madam Mayor, Members of the Council, the ordinance that's in front of you has a effective date of passage and publication, which is what the Idaho Code requires. The publication date for the city is Monday. Freckleton: Yeah. And I think we would be fine with that. Bird: January 31st? Freckleton: Yes. Bjornson: Mr. Bird, yes, thank you for your guidance. I appreciate the recommendations and, yes, thank you. Bird: Thank you. I just don't want to stick my neck out. Bjornson: With that, if there is no other questions, we can move forward to the Meridian Fire Department slides and Joe Silva's International Fire Code slides, if everybody is okay to move on. De Weerd: Let's do it. Silva: Just a concluding remark of Councilman Bird's concerns about that. I have had some design professionals come forward with plans that have been drawn consistent with the 2009 code, so if you consider how you want to handle that, because there was going to be a point where they didn't -- you know, they didn't know what code we would be on. So, I just wanted to bring that up as a -- as a point for consideration for Council -- Mayor and Council. Okay. With that we will move forward with our presentation on the International Fire Code, which is a follow up to our -- just our brief overview that we did on the 20 -- excuse me -- on the 14th of December when we briefed Council on it. Essentially there are some basic things that we are providing for in our local amendments. Providing for the safety of our emergency responders. One of the comments that Councilman Bird made about the International Fire Code and building -- building code, they work as a family. They compliment one another when they are adopted as a family. The other thing is we have design teams bringing national -- doing design for national companies coming to our city with a few local amendments in the case of the fire truck that we have, it's very easy to convey to our design teams working from the east what our local requirements are for buildings in the City of Meridian. And it's also identified as an industry best practice in terms of minimizing our liability as a city going forward and also providing for the safety of our citizens when they go into public buildings and also protecting our businesses within our community. That's very Meridian City Council January 25, 2011 Page 21 of 52 important. A key to us. So, with that -- our proposed local amendments to the International -- 2009 International Fire Code, as we talked about before was up sizing the minimum sizes for elevated cars in multi-level buildings going up or down. The -- the code was printed with a requirement that required larger elevators the same size in buildings four or more stories in height. The difficulty with that -- we can't provide effective patient care, particularly where we have nonbreathing patients when we are doing CPR and we are moving a patient from floor to floor. So, that's why we requested this local amendment to upsize the elevator car. It's a standard car, it's not a custom made car, it's just simply a larger car that will accommodate the emergency response personnel -- that's Ada County Paramedics and our firefighters providing patient care. So, with that we can provide effective -- you can see here that, you know, in a smaller elevator -- this is one in our assisted living center at the corner of Overland and Locust Grove and this is what brought the issue to light, this particular building. It's ironic that this same size elevator is the same size as the elevator in the Associated General Contractors' building, which I was able to walk Mark Dunham out into his lobby and kind of give him a -- you know, kind of a real first-hand experience of what -- how small that elevator is when you're going to lay out a gurney in a full horizontal position and he understood and I have got a couple comments from him. The other thing that we have requested -- Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: May I ask a question on the elevators. Does that apply to commercial buildings or does that include residential? Silva: Yes, it would be in all buildings that are equipped with an elevator. Zaremba: Well, I'm thinking of home elevators that are about the size of a closet. Silva: Correct. It was not the intent to go to, you know, those small elevators. Zaremba: Single family dwellings. Silva: Only elevators in commercial buildings. Zaremba: Commercial buildings. Okay. Silva: Correct. That was the intent. And it's in the IBC. Bird: Apartment buildings? Silva: Madam Mayor, Councilman Bird, yes, it would be in apartment buildings. Anything that's equipped -- Meridian City Council January 25, 2011 Page 22 of 52 Bird: And only one, though. If you have three elevators only one of them has to be of this size. Silva: Madam Mayor, Councilman Bird, that's correct. Bird: Okay. Zaremba: Thank you. Silva: The other issue that we had requested in our local amendments was the radio coverage enhancement. Basically, this is an amplification system that's an appendix or in the back of the fire code that allows for amplification of the radio signals, it strengthens the signals going in bound and out bound from the building. As we transitioned from analog radio systems to digital systems, which is the same radios that the police department uses, they have the same difficulty in communicating in and out. So, this provides for public officer safety. It also provides for better communication for our Ada County paramedics. So, everybody who is on the digital system, which is Ada County Paramedics, Meridian Fire Department, and Meridian Police Department, would have better enhanced communications in and out of a building. We feel this is very important. Caldwell adopted this. Boise fire department will -- will also include this in their adoption locally. With that being said, we -- Brent and I made a presentation to the Buildings Contractors Association. For the scope of the projects that they do they had no comment on it, essentially. So, we were well received there in that venue. We made a presentation just after the first of the year to the Associated General Contractors with Mark Dunham, the executive director of the Associated General Contractors, and they solicited feedback from their membership and they had a couple of questions, but no negative comments. So, with that being said I will just kind of briefly provide an overview. One of the questions they raised was the powers of a police officer in performing our duties under the code. Their concern was that we would use this for enforcement of the fire code in buildings and what I explained in my response to him was we only use this as a tool when we are investigating suspicious fires in buildings. We have to have a tool before our police department sometimes is not yet on the scene. There are things -- we have tools we have to have available to us to make sure we can properly conduct an investigation in a suspicious fire. The other thing there was some language in there -- and that's been in our fire code for some time, actually. Chief Anderson had included that a couple adoptions ago. There was a question about the -- who ultimately approves and conducts our plan review and inspection services and I indicated to -- in our responses that language we had cleaned up and tweaked it really didn't change the process. We have a contract employer that works under the umbrella of Meridian Development Services who does plans review and has the full authority of the fire department in providing feedback on plans review and approval of field inspections. And that, actually, had been in place since -- for the lasts six years. So, it was just a point of clarification. There was a question of making sure that our fire department connection for fire sprinklers is -- there was a question about the hundred foot rule and I explained to him that oftentimes when we have an incident in a building and we have laid hundreds of feet of fire hose across a parking lot, the employees, once Meridian City Council January 25, 2011 Page 23 of 52 they realize that their work day is going to be over, they are going to want to leave and oftentimes our experience has been they will back over a five inch fire hose that's maybe blocking or acting as a wheel chock behind their wheel, they will drive right over it. The problem is there is bolts that stick out underneath the car, they will rip a fire house and compromise the safety of the firefighters, because they have compromised our water supply from the fire hydrant. That's why we have that requirement in place and I explained that in my response. That's also been in our adoption -- our local adoption, local amendments for the last three years, so -- with no feedback. The one thing that I quite frankly thought we may get some concerns raised was about the elevator. They found that -- that is acceptable to them, but they also expressed in that e-mail that there would be an added cost to the owner, but it was acceptable to them. So, with that, Madam Mayor, I'll stand for any questions and we -- the Meridian Fire Department appreciates your support. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Joe, do you have any idea how much that extra size car -- I know it's not a -- know it's not -- it's a standard car. Do you know how much more it costs over the standard car? Silva: Madam Mayor, Councilman Bird, it's approximately 2,000 dollars was the feedback I got from one of the elevator suppliers. Bird: Geez. They shouldn't complain -- nobody -- no owner should complain about that. Silva: Yeah. Madam Mayor, Councilman Bird, the other aspect of that is when we move patients from floor to floor when we, basically, as emergency responders have to manually carry them floor to floor, there is a workmen's comp -- worker's comp concern that we have and we have had firefighters injured moving large patients upstairs in this case and it can be a very large expense to our city and that's the other reason why we wanted to make sure we had at least one elevator equipped to handle a gurney. That -- you know, that won't get us around the problem of the single family dwelling, moving patients up and down a single family dwelling, but certainly in commercial buildings that will help us. Bird: Yeah. De Weerd: Any other questions? Any other questions? Okay. Thank you. Okay. Council -- oh, this is a public hearing, Ralph. Would you care to comment on -- Daunt, any comments? Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council January 25, 2011 Page 24 of 52 Bird: Did you open B, C, D and E at the same time? De Weerd: I opened -- Bird: Or I mean B and D. De Weerd: Band D. Yes. Bird: Okay. Hearing no more, I would move that we are close public hearings B and D. Zaremba: Second. De Weerd: I have a motion and a second to close the public hearings on Items 7-B and D. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve ordinance number -- De Weerd: If you will hold on, I -- Bird: Yeah. I'm trying to be in a hurry. C. Ordinance No. 11-1472: Adoption of 2009 International Building Code and Amendments Thereto; Adoption of 2009 International Energy Conservation Code and Amendments Thereto; Adoption of 2009 International Residential Code and Amendments Thereto; Adoption of 2009 International Mechanical Code and Amendments Thereto; and Amending City Code Provisions Regarding Solid Fuel Heating Appliances, Penalties, Plumbing Permit Fees, Electrical Permit Fees, and Mechanical Permit Fees E. Ordinance No. 11-1473: Adoption of 2009 International Fire Code and Amendments Thereto De Weerd: -- will ask our clerk -- and I appreciate that. Madam Clerk, if you will, please, read ordinance 11-1472 and 11-1473 by title only. Holman: You can't take away my moment to shine. Okay. City of Meridian Ordinance No. 11-1472, an ordinance amending Meridian City Code Section 10-1-1 regarding Meridian City Council January 25, 2011 Page 25 of 52 adoption of the 2009 International Building Code, 2009 International Energy Conversation Code, and the 2009 International residential Code. Amending Meridian City Code Section 10-1-3 regarding amendments to adopted codes and. Amending Meridian City Code Section 10-1-5E and 10-1-5F regarding solid fuel heating appliances. Amending Meridian City Code Section 10-1-8A regarding penalties. Amending Meridian City Code 10-2-3D regarding plumbing permit fees. Amending Meridian City Code Section 10-3-4A and 10-3-41 regarding electrical permit fees. Amending Meridian City Code Section 10-5-1 regarding adoption of the 2009 International Mechanical Code and International Fuel Gas Codes. Amending Meridian City Code Section 10-5-3 regarding mechanical permit fees and providing an effective date. Bird: Madam Mayor, are you going to have your spiel? De Weerd: No, she needs -- Bird: Were you done? De Weerd: -- to read just one more, right? Holman: Yes. Bird: Geez, I'm really getting ahead of myself. De Weerd: I appreciate your being anxious to get this over with. Nary: If she really wants to shine she could read the whole ordinance, then -- De Weerd: No, thank you. Bird: Bill. Holman: City of Meridian Ordinance No. 11-1473, an ordinance amending Title 10, Chapter 4, of the Meridian City Code regarding adoption of the 2009 International Fire Code. Amendments to the 2009 International Fire Code. Providing a severability clause and providing an effective date. De Weerd: Thank you, Madam Clerk. Mr. Bird. Bird: Does anybody want to read -- De Weerd: Oh, I will ask. Ralph, do you want to hear any of these read in their entirety? Thank you so much. Bird: Madam Mayor? Meridian City Council January 25, 2011 Page 26 of 52 De Weerd: Mr. Bird. Bird: I move that we approve Ordinance No. 11-1472 with an effective date of January 31st, 2011, and with suspension of rules. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 7-C. Is there any discussion? Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance No. 11-1473, with the effective date of January 31st, 2012 -- or'11. I'm sorry. And with suspension of rules. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 7-E. If there is no discussion from Council, Madam Clerk. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: Madam Mayor? De Weerd: Yes. Bird: Thank you, guys, for the thorough work, the three of you. Joe. Thank you guys very much. Freckleton: Thank you for all your support. De Weerd: We do appreciate your process of including all the various groups and reaching out to receive comment and provide information. Meridian City Council January 25, 2011 Page 27 of 52 Bjornson: Again, thanks to Daunt for being here and thanks to you all for your leadership and guidance and your support. Thank you. Item 8 Department Reports B. Mayor's Office: City Scholarship Program Update De Weerd: Thank you. Okay. Our next item -- we did move Item 8-A above the Action Items. So, we will move to Item 8-B and turn this over to Robert. Simison: Thank you, Madam Mayor, Members of the Council. I will be brief this evening, but I'm here to let you know that we have raised funds for another year of city sponsored scholarships through the State Of The City sponsorships. Just a reminder these are funds that are raised from our community for this purpose, not general tax dollars. And I wanted to bring back just a quick question to get some feedback from Council on. Over the last couple years -- and I think specifically last year, we have had some questions raised about whether or not these scholarships should be available for individuals beyond just residents of the City of Meridian. I know that we have had some very active engaged youth in our community who haven't lived here, but may have lived within the area of impact or attended a neighboring school from -- you know, maybe perhaps Centennial and lived in Boise, but were still very active in our community. So, based upon the feedback that we got from others, I wanted to bring to you the question and see whether or not you feel it would be appropriate to expand the current city scholarships that are offered to residents that are in the area of impact and/or may have been a member of MYAC for more than one year prior to the application deadline and that last part was a recommendation from Council President Zaremba when we brought this to his attention for discussion as well. So, just wanted to bring that to you and answer any other questions, but get your feedback on it if you think it would be appropriate to do that. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Want me to give you my feedback? I feel that -- seeing how it is not general fund dollars, tax dollars, that I don't have any problem regardless of where they live or how long they have been in Mayor's youth deal if they go to a Meridian school. I have no problem with Eagle kids, Rocky Mountain Kids, Centennial kids, Mountain View kids. I don't. I mean, after all, it's Meridian School District and we are Meridian. And I realize Eagle has their own thing, but -- but if a student's deserving of it -- and I think we have had Eagle kids that have been in our youth group. De Weerd: We -- and what really raised this point is two years ago our MYAC president was from Centennial High, she was on our youth council for three years, gave a lot of time and did a lot of great things for our community and she lived in Boise. Last year Amanda Wilder did a lot for this community in numerous ways. She didn't live in the Meridian City Council January 25, 2011 Page 28 of 52 city, she lived in our area of impact, and she didn't qualify. So, we are just trying to clean it up, so those kids that do have a positive impact and do make a difference in our community have equal consideration for the scholarship. Bird: And, Madam Mayor, Ithink --Ithink that's the whole thing and I don't care whether they go to a public school or a charter school. De Weerd: Or private. Bird: Or private. Whatever they go to. De Weerd: Or home schooled. I mean -- Bird: Just as long as they have been a volunteer within our community and, you know, if they live in Nampa, Idaho, I don't care. If they have volunteered in our community. If they are worthy -- De Weerd: Oh, I don't know. That's really pushing it. Bird: If they -- that's a pretty good town. Anyway, if they have been a volunteer and really worked hard in this community, I don't really care where they live. They are deserving of it. If they are deserving of it why do we restrict it. Amanda is what really brought me to my knees last year, because no person ever deserved a scholarship more than that young lady, in my opinion, and couldn't have one. Hoaglun: Madam Mayor, just to comment on that. De Weerd: Mr. Hoaglun. Hoaglun: Ithink Councilman Bird makes a good point. This isn't tax dollars that are going out and, number two, that the city is the beneficiary of their work and I think that's a good thing and we will take that, in turn, and support them and where ever they may go off to and, hopefully, become involved in government and continue supporting their community where ever they may end up. So, I think that's a good thing. De Weerd: Thank you. Simison: Okay. Then from what I'm hearing, since this isn't an either/or, area of impact would be one consideration that you guys would be open to, because it does take into account there are other volunteer community service or involved in the Mayor's Youth Advisory Council from anywhere and the area of impact doesn't necessarily have to matter in that situation. De Weerd: Yes. Because they would have a Meridian address as well. Meridian City Council January 25, 2011 Page 29 of 52 Bird: But, Robert -- Madam Mayor. Robert, the only -- the only exception I have to that rule is it will be just like I told the chamber of commerce when they -- on the man and woman of the year, are you going to make it Meridian youth group or Meridian impact area scholarship or are you going to make it youth scholarship? I -- while I think the youth group is great, there is other kids that do not belong, but do a lot for the community. Simison: Councilman Bird, what I was advocating for is one requirement would be all the current requirements and you're in the area of impact. As a separate requirement that's not contingent upon the area of impact would be that you have been involved in the Mayor's Youth Advisory Council in that capacity. That is one way where we can try to -- one thing that we are trying to avoid is to have someone who is a senior who comes out, who does some volunteer work in our community for two months and, then, applies for the scholarship that year and it's difficult for us to -- as staff to -- to be able to turn away -- or say these people don't meet the criteria unless we do have at least something established and so that becomes some of the difficulty if we take it beyond the Youth Advisory Council. That's one area for staff where we are easy to see, yes or no, they were involved and meet the criteria. Beyond that it becomes more difficult for us to determine if they were or were not involved in the activities that they -- Bird: But if they are -- but if they are a flash in the pan like we -- like we have had, you know, that -- when you -- the application shows that. I mean, you know, the applications tell you what kids -- and it don't matter where they live or -- but it tells you what they have done for this community and if somebody's done it for two months and somebody else has done it for five years, man, if you're on that committee there shouldn't be any question of who gets the scholarship. That's my opinion, Robert. Hoaglun: Madam Mayor? Just a comment, Robert. I think you have got the criteria right, because you can say, okay, they are deserving based on these items and it does kind of keep that from happening and I think that's a good way to sort that out the way you have described it. So, I like that policy. De Weerd: Comment? You want to turn on your microphone. Thank you. Zaremba: If I'm understanding the discussion, I -- I would like to make sure even though it's not tax dollars that are involved that the award goes to somebody who has some relationship to Meridian. I mean there may be some very deserving students in Twin Falls that if we leave the criteria too open could come apply and I don't mean it to go to them. That's kind of why I like the idea of saying, okay, you either live in a certain geographic area or if you're outside of that you have been in the Mayor's Youth Advisory Council for a year or more. I am worried about opening it too much farther. think I agree that for administering even the applications that's a quick way to see whether somebody's -- we are not questioning the kind of person, but are they who we wanted to reward. I don't know if that made sense, but I guess since I'm the one that made the suggestion I'm supporting my own suggestion. Meridian City Council January 25, 2011 Page 30 of 52 Bird: Madam Mayor, I can support that a hundred percent. I just -- I just don't want another thing like -- like Amanda and the other little gal that -- De Weerd: Amanda. Zaremba: Well -- and that was the thought. That would have enabled -- Bird: I would want somebody like that -- Zaremba: Yeah. It would have qualified Amanda. De Weerd: And it would have qualified Nicole. Bird: Yeah. I have no problem with that, Robert. De Weerd: Okay. Simison: Thank you, Madam Mayor. Appreciate it. Probably these will go up for -- out to -- technically in early February before we make these available for the public, so you can let people that you think are deserving know that the application should be up soon. Thank you. C. Legal Department: Discussion Regarding Proposed Amendments to Title 2, Meridian City Code, Regarding Traffic Safety Commission Membership and Meeting Location; and Planning and Zoning Commission Meeting Location De Weerd: Okay. Thank you. Okay. The next two items are for our legal department. The first one, Item 8-C relates to the next item. Nary: Thank you, Madam Mayor, Members of the Council. There is actually two things contained in this ordinance -- that amendment that's in front of you. One is simply a correction of an address. In the current ordinance for the Planning and Zoning Commission it lists that the meetings will be held at 33 East Idaho and since we haven't been holding them there for about 26 months we thought we probably better fix that. The second item in there is expanding the Traffic Safety Commission to ten. We have a citizen member that would like to be a part of the commission and currently with the most recent additions we don't have any available openings. One of the things we have discussed internally is the potential may come that we have some permanent seats that are part of traffic safety with ACHD and the school district and we need to have some discussions with some of those -- those agencies and whether or not their continued participation is something both they desire, as well as something that makes sense for what their needs are. But tonight it really is just to bring the change in front of you to update the code to reflect the change in location for Planning and Zoning and to add one seat to traffic safety at this time. The only reason I'm bringing it up to you on traffic safety is we may be coming back at some point in the future saying we need to Meridian City Council January 25, 2011 Page 31 of 52 reconfigure this, because some of the agencies or some of the permanent seats maybe aren't as necessary. I mean the ideal is to have more citizens participate when possible. There are some needs to have some staff members be a part of the commission, but we may be bringing something back, so I didn't want to come back in two months and you think how come we just talked about it two months ago. But tonight it's just to make a correction and to add a member, so -- De Weerd: Thank you. Council, any questions? Bird: I have none. De Weerd: Okay. That does lead us to Item 8-D, which is the proposed ordinance 11- 1474. Nary: And, Madam Mayor, that's the -- that's the item -- if you're satisfied -- De Weerd: And that will come back. Nary: -- because this is really just a clean up, to go ahead and move that forward tonight, you can do that. If you would feel more comfortable waiting we could certainly do that as well. But we have a resolution as Item E to appoint a member to traffic safety, which we can't do until we amend the ordinance, so -- De Weerd: Council? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I would move that we move adoption of ordinance number 11-1474 -- oh, that's right, we got to read. De Weerd: Oh, yes. Sorry about that. We do. Bird: We are taking her thunder. Holman: That's all I have got. De Weerd: We want you to shine tonight. D. Legal Department: Ordinance No. 11-1474: Amendments to Title 2, Meridian City Code, Regarding Traffic Safety Commission Membership and Meeting Location; and Planning and Zoning Commission Meeting Location Meridian City Council January 25, 2011 Page 32 of 52 Holman: Thank you. City of Meridian Ordinance No. 11-1474, an ordinance amending Meridian City Code Section 2-3-3 regarding membership on the Traffic Safety Commission. Amending Meridian City Code Section 2-3-5 regarding meetings of the Traffic Safety Commission. Amending Meridian City Code Section 2-4-3 regarding meetings of the Planning and Zoning Commission. And providing an effective date. De Weerd: Thank you for the reading of that title. Is there anyone who would like to hear it read in its entirety? Okay. Mr. Hoaglun. Hoaglun: Madam Mayor, now that we heard our City Clerk read that so well, I will now move that we pass ordinance number 11-1494 and ask Mr. Nary -- there is no suspension of rules -- or suspension on that is there? Or is there? And include suspension of the reading rules. Zaremba: Second. De Weerd: I have a motion and a second to approve this item. Any discussion? Madam Clerk. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. E. Mayor's Office: Resolution No. 11-770: A Resolution of the Mayor and the City Council of the City of Meridian, Appointing M. Blaine Tewell, Jr. to the Vacant Seat of the Meridian Traffic Safety Commission; and Providing an Effective Date De Weerd: Our next item is our Parks Department. I will turn this over to Mr. Siddoway. Bird: We got a resolution, Madam Mayor. De Weerd: Oh, I'm sorry. Now I'm the one rushing it. Okay. Item E under the Mayor's office is proposed resolution 11-770. Council, in front of you is an appointment to the Traffic Safety Commission of Blaine Tewell -- Tewell? How do you say that? Nary: I think it's Tewell. Bird: Tewell. De Weerd: Tewell. Nary: I think. I met Mr. Tewell at the last traffic meeting he came to and Ithink -- I think he said it was Tewell. Meridian City Council January 25, 2011 Page 33 of 52 De Weerd: Okay. He is very interested. in this commission. As you can see from his letter he's got a lot of enthusiasm and great background to really bring to the discussion at this commission level. He lives in a part town that we needed representation from, which is the center Old Town core and so, Council, I would available myself to answer any of your questions. Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve resolution 11-770, the appointment of M. Blaine Tewell, Junior, to the vacancy to the Meridian Traffic Safety Commission. Zaremba: Second. Bird: And provide an effective date of January 25th, 2011. Zaremba: Second. Nary: Madam Mayor? De Weerd: Mr. Bird -- I mean Nary. Nary: Madam Mayor, Members of the Council, I just noticed that tonight. Didn't see it earlier, so I apologize. The effective date, actually will be Monday. So, if the clerk would interlineate on that -- on the resolution, only because, technically, there is no seat until it's published and the publication date is Monday. So, it will be effect Monday. Bird: The 31. De Weerd: Okay. Zaremba: Second agrees. De Weerd: Okay. I have a motion and a second. Madam Clerk will you call roll. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. F. Parks Department: Memorandum of Agreement Concluding Mo Brooks Baseball Field Complex Partnership with Meridian Athletic Roundtable, Inc. Meridian City Council January 25, 2011 Page 34 of 52 De Weerd: Okay. Now, I will turn it over to Mr. Siddoway on our Parks Department report. Siddoway: Thank you, Madam Mayor, Members of the Council. Anna, could you put up the doc cam for me? We wanted to give you an update on the dissolution of the Meridian Athletic Roundtable, Incorporated, and do that with a department report. Most of you are at least familiar with the -- the topic that we are here to discuss and the first thing we wanted to talk about -- we have three basic things to talk about. One is the memorandum of agreement. Second is the bleachers that are out there today and third is the scheduling and some of the things we have come across as we have started to try and schedule this field. First, though, with the agreement, you should all have in your packets a copy of the proposed memorandum of agreement that -- concluding the Mo Brooks Baseball Field Complex partnership. There were two previous partnership agreements, one from 1986 and one from I think it's 2004. We were contacted about three months ago in October by Eric and Heather Lanehart and they told us that the group known as MART, who has been scheduling that field and running it as their own, would be disbanding and asked if we would take it back. It's always been city owned property and it's within the area of Storey Park, but they have had the responsibility for operating that baseball field. Anyway, they were disbanding and wanted to know if we would take that over. So, we have been working to figure out what that means. They did formally disband already and so as part of that we -- there was enough loose ends and confusion about what happens when they do disband that we worked with Emily in the legal department to formalize this agreement, concluding the -- the previous agreements and just verifying that they are released and no longer in effect. There are four main parts to this agreement. One just notes that it's a mutual termination of all prior agreements. Any improvements that they made are hereby donated to the city. Third, that the city will assume all administration and scheduling of that field and fourth is a release of liability towards the city from them. So, with that I will pause here and ask if there are any questions about that process and what we hope to do with this agreement. It has been signed by John Labbe, who was president of MARI at the time it was dissolved and we believe everything is in order legally for this transition to take place with this memorandum of agreement in place. So, any questions about that memorandum? If not, I'd like to invite Garrett White up. He has been working over the last couple of months since we became aware of this to try and work on some of the scheduling issues and we do have a couple of questions and would like some direction from Council on a couple of items. So, with that I will turn it over to Garrett to talk about bleachers and scheduling. De Weerd: Thank you. White: Madam Mayor and Council, thanks for having us here tonight. I'll put the picture -- the current picture we have of the bleachers and I got to tell you I took the picture and it's not that great, but -- well, first, I'd like to give a little time on the bleachers and kind of what we -- how we found out about the whole process. Like Steve said, back in I believe it's the first week in October that MART group -- I believe it's the Meridian Meridian City Council January 25, 2011 Page 35 of 52 Athletic Roundtable, Incorporated, is what it's -- the MARI group stands for -- came to us, asked us to take the field over, like Steve had mentioned. In doing that our first questions were kind of like what's the upkeep going to be like and what other projects do you have going on. They did mention the bleacher project. They hadn't quite completed the bleachers. So, in doing that MART had said they were going to go out and kind of ask for bids and what it would cost to complete the bleachers. But based on their budget they weren't sure if they were going to be able to do that or not. They were not able to do that, so, then, the city realized that they weren't going to be able to do that and went and talked to our city building inspector and had them look at the bleachers and to kind of give us some feedback on some of the issues and concerns. Some of the concerns they came back with were there were some wide openings, both at the top and in between the tiers of the bleachers. De Weerd: You should see the rodeo grounds bleachers. These are up scale. Bird: No, they are not. De Weerd: Next to the rodeo's? Oh, my gosh. Bird: I'll tell you two sections of those rodeo ones are ADA approved, the ones we had given that was sitting here and we should have kept them there. This is the biggest farce that ever happened. White: Well -- Bird: Well, the city's got 25,000 invested from SWAC and I have got 25,000 invested and this is what you got out of it. De Weerd: Is that what you got? Bird: Yeah. I'd like to know where the rest of the money went. De Weerd: I don't know. Bird: I was the matching funds, so you can -- De Weerd: Did we purchase --did we purchase them? Bird: You didn't have nothing -- Tammy, you didn't have nothing to do with it. The only thing SWAC give us 25,000 and this is the crap we got. De Weerd: Mr. Bird -- I'm sorry, Garrett. White: That's all right. De Weerd: But, Mr. Bird, who -- then who purchased them? Meridian City Council January 25, 2011 Page 36 of 52 Bird: The MRAI. De Weerd: Oh. Okay. Now that I know that it wasn't us. That's a good thing. Bird: It never got finished. The drawing and stuff that the building department see and stuff, they can be -- they can be a nice set of bleachers. White: Yeah. There is potential there. Bird: There is very good potential. White: Yes. Bird: But they didn't finish it. And I kept telling them -- I'm going to go see you get closed down if you don't get them finished. Oh, we are going to finish them. We are going to finish them. Well -- White: Well, some of the things that came back was -- obviously, like I mentioned before, the wide openings at both the top and in between the tiers. The bleachers are very, very steep and they didn't have hand rails or the intermediate steps in between the tiers and also just around the side there was some loose fencing, which is, obviously, an easier fix than some of the other things. So, after that, as recommended by our building department, the building department recommended that we follow the steps of capital projects and permits were obtained and the bleachers do not meet -- are not up to the current code. We, then, reached out to Insight Architects for a fee proposal for the assessment of the bleachers. The architectural and structural design fee would be right around 4,000 dollars, but this did not include the drawings, civil engineering costs, and testing services and things like that. Obviously we want to go out and get more bids to see what it would cost, but that's just what we had for now for a ballpark number. The cost just for that -- just to -- for the analysis of that would be about 6,000, 8,000 dollars, realistically. Bird: Is that for both sets? White: I believe so, yes. Bird: It better be. White: And that's ballpark numbers on that. De Weerd: Ballpark. White: Yeah. Hoaglun: Madam Mayor. Did they not have drawings, apparently? Meridian City Council January 25, 2011 Page 37 of 52 White: Apparently they -- Bird: They do have drawings, but don't ask me where they are at. White: I haven't -- to my knowledge I don't know. Hoaglun: Okay. We don't have drawings. White: So, the cost to bring up the bleachers is really unknown, because, you know, we don't have the six to eight thousand dollars budgeted to get that stuff done, because, obviously, we just found out in October. But, realistically, I mean worse case scenario, like Mr. Bird said, these bleachers do have a lot of potential. But worst case scenario brand new bleachers all around, and those are very pricey, anywhere between about 15,000 dollars to -- that's per set and you would probably need about four sets to equal what's out there right now. So, you're looking at pretty good money to replace the bleachers. But there is potential with the ones we have there, so -- Bird: And what did you say the total cost was, Garrett? I'm sorry. White: Total cost -- total cost right around sixty, roughly. And that's -- Bird: Around what? White: Sixty thousand if we -- Bird: No. No. That's new. White: Yeah. That's brand new. Bird: To bring these up to code. White: That's unknown. De Weerd: We don't know. White: We don't know until we get the actual analysis. Bird: I thought you was throwing out some numbers there. White: Well, the analysis to get -- to find out what it would cost is about 6,000 dollars to 8,000 dollars to get the drawings -- De Weerd: Just to find out? White: To find out and -- yeah. Meridian City Council January 25, 2011 Page 38 of 52 De Weerd: That highway robbery. White: And, again, we need to get more bids. But, you know, that's what we have as of right now. De Weerd: Wow. I'm in the wrong business. Bird: That wasn't from The Land Group, I hope. White: Excuse me? Bird: That wasn't The Land Group I hope. White: No. That was -- go ahead. Siddoway: That bid came from Insight Architects, but the -- we tried first to go to our building department, because we thought, you know, why don't we just. use our own building inspectors and have them tell us what needs to be done and we can get that bid. They went out and, basically, said it was beyond them to just tell us and that we needed to hire an actual engineer to do it. So, that's when we went out to an architect and said tell us what it would cost to have you in inspect these, do, you know, testing and let us know what needs to be done. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I'm going to give you one name to get a hold of that might have the plans. Get a hold of Will Berg. If he don't have them he probably knows who does. There was some plans, they were brought -- in fact, Steve, Ithink -- no, you didn't see them. I think Doug did. They went -- Elroy did. And they went through our building department. Do you recall them, Bruce, at all? Freckleton: I'm sorry, I don't recall that. Bird: I don't think it went any farther than Daunt, probably. Because they didn't -- nobody -- they didn't charge us, so -- Siddoway: Yeah. We did ask and we were working with Brent Bjornson and he e- mailed us back and said that -- that no building permits had been pulled that he could find. Bird: They waived the building permits. Siddoway: Okay. Meridian City Council January 25, 2011 Page 39 of 52 Bird: There was no building permits on it. But there is a set of plans drawn. But get a hold of Will and see, Steve. Siddoway: Yeah. We'll look for them, because the design I'm sure included steps -- one of the main design issues with this is that you have to go from seat to seat without an intermediate step and it's real difficult to -- De Weerd: We have been there. Bird: The worst thing you can do. I can't climb them anymore. My balance is not that good anymore. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I'm going to add to my reputation for off-the-wall ideas. This is sounding very expensive for what looks like a not very large set of bleachers. How about we give this set of bleachers to the rodeo and make a grassed berm there that is -- Bird: We can't. Zaremba: That's not possible? Bird: These are in place. Zaremba: Okay. Bird: They have got a -- Zaremba: I'm just thinking if we just made a hillside there that people could sit on -- Bird: They got a block wall all the way around it. Siddoway: They are walled in. Zaremba: Okay. Bird: They are walled in and these are actually into the deal. Zaremba: All right. Forget that. Bird: I have got some blood, sweat, and tears in the stupid thing. Meridian City Council January 25, 2011 Page 40 of 52 Siddoway: So, I think for tonight's purposes we can just -- we just want you to be aware that there is work to be done. We will continue investigating what needs to be done. We need you to know there is going to be a cost associated with that that we don't have currently budgeted and we will come back to let you know what that is at a future date. Bird: Madam Mayor? De Weerd: Uh-huh. Bird: Steve, I think that that field is -- is -- can be -- at least pay for itself through rentals and stuff. And, hopefully, we can raise some money. I know you had the James Dodge deal, which we have always donated, because that goes to scholarships for Meridian. It's a scholarship thing. They do just about like what Robert was just talking about, they give four or five scholarships out, a thousand dollar scholarship and I can name you about ten kids that have got them and I have served on the application committee a couple times for Angie and stuff. And, by the way, thank you very much, Garrett, for taking care of her. She appreciated that. Siddoway: We have noticed a lot more demand for this field than we realized. When we first met with the Laneharts it was characterized there wasn't much need and we actually thought we might be converting it to a softball field at the time, but based on what we have seen in the last month that's certainly not likely based on what we are seeing. So, we will have Garrett move, then, to the scheduling and tell you a little bit about what's been coming in the door. White: All right. Thanks, Steve. De Weerd: I guess I would like to say -- because we know this is not up to code, we cannot use that field until they are. Bird: We can use the field, but we can't allow -- we got to -- Siddoway: We have to block off the bleachers. Bird: That's what I made them do before. De Weerd: Yeah. Okay. Bird: They will have to bring chairs and stuff. White: Yeah. To my understanding that was going to get blocked off, I believe, late last week, if not today or yesterday. Okay. Well, with the scheduling, like Steve had said, there is -- Zaremba: Madam Mayor? Meridian City Council January 25, 2011 Page 41 of 52 De Weerd: I'm sorry, Garrett. Mr. Zaremba. Zaremba: I'm sorry to interrupt, but it just occurs to me if we are going to rope them off or something, I think we all should -- also should put a sign on them that says unsafe, do not use. I mean because people are going to ignore -- here is these bleachers, somebody is going to climb up on them. So, I think a sign that says unsafe, do not use, or something -- at least extra protection for us in case somebody does get hurt. De Weerd: Crime scene tape or -- White: So, with the scheduling -- thank you, Councilman Zaremba. That's a great idea. We will make sure that gets done. So, to scheduling. Like Councilman Bird had just mentioned, James Dodge Memorial Tournament is tentatively scheduled for the week of June 9th through the 12th. I spoke with Angie -- I'm probably going to butcher her last name, but Beberness? Bird: Beberness. White: Beberness. And talking about the fees of the field and to give you kind of an update what's going to happen. She has requested that -- to get the fields -- fees waived and I have instructed her to draft up a letter just explaining the history of the tournament, what the purpose is for, so that she can present that to you guys, because, obviously, I didn't have the authority to waive the fees and things like that. So, that will be more than likely coming to you in the near future. The next thing that is normally scheduled is the Dairy Days tournament. Siddoway: Council could direct us -- if you -- if you don't want to wait for that letter and you feel to waive those fees tonight, you could direct us to do that, otherwise, we will bring it back with the letter. But if you already know what you want to do -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: This is one Councilman that -- I don't believe -- I believe that it's a very worthy community cause. To my knowledge all the kids that have got scholarships have come from Eagle, Rocky Mountain -- well, Rocky Mountain hasn't, probably. Meridian, Centennial, and Mountain View. So, I would waive the fees on it, because it is a community benefit and she gets nothing out of it. Hoaglun: Is that a motion? Bird: That's a motion. Hoaglun: Second. Meridian City Council January 25, 2011 Page 42 of 52 De Weerd: I have a motion and a second to waive the fees. Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. White: All right. Well, thank you for doing that. The second thing that I was wanting to mention here is the Dairy Days tournaments run by the Meridian Youth Baseball or MYB organization and they requested to use the field again this year during the Dairy Days festivities. From my understanding in the past there has been very -- a huge parking issue during the event and, then, having other additional activities in the park can cause more issues. And, again, that's something that we will talk about in a minute. We are currently also working out a couple issues regarding a -- there is a college legion team that's a traveling team that wants to call a place home and they have picked Meridian -- the Storey Park baseball field and they are looking into possibly having 30 to 40 home games and calling that place home. Obviously, the bleachers would have an effect on things like that, but we are working out some of those issues trying to figure out what we can do for them to use the field. And they obviously -- it's college baseball, it's good baseball, it's good for the community to come out and watch that. Also the Boise State Club team is reserving the field and using the field, along with Meridian Senior Baseball League. It's a 21 and older league that want to use the field as well. I can tell you that starting -- starting in March -- in early April that field is used six times aday -- or six times a week, if not more, through August -- or into early September. So, it's very much used through hardball, baseball, with those groups that I just mentioned. In taking over the reservations and scheduling the fields, it's come to the conclusion that a lot of the reservations want to use the lights, they are willing to pay for the lights, and we just haven't had a fee set for the lights in regards to that. With my experience with my past employer at the city of Orland in California, we had a baseball field very similar to this, almost identical in terms of the field size and the light poles there. There we based our fee on 25 dollars per hour per use of the lights. So, we are recommending that we go with the 25 dollars an hour per use. Look at the bills month to month, see if we are meeting that, whether or not we need to adjust it the next year and look at the fees in that. I'm also in the process of getting in contact with Idaho Power to see if there is analysis on -- maybe we can see what it .would cost per hour. So, that's -- the ball's rolling on that, so -- but, again, like I said, we would monitor the use and monitor the bills coming in. Zaremba: Madam Mayor? I have seen places -- maybe they were tennis courts where there is a little box on the light standard and you have to put two quarters in to get 15 minutes of light and, then, you have to put two more quarters in. Although you can -- think you can put a couple dollars ahead, but -- Meridian City Council January 25, 2011 Page 43 of 52 White: Yeah. Madam Mayor and Councilman Zaremba, that's kind of my next point was going to go over. We are actually -- today we were looking into -- had an electrician out to see what it would cost to put those lights on a timer to where we can set the timer and know when they are coming off and they are coming on, so we know when people are going to be using them and things like that, but right now currently that field with the lights coming on you have to go to each light pole and flip them on individually. So, we are currently looking into that. We weren't able to get the full information that we needed today, so I don't have a price number on what it is, but, again, it comes down to money on when we can do that and, obviously, we didn't have it budgeted for anything on that. So, that is possible, because we do that with our softball field at Storey Park. It's set up on a timer to where if somebody does reserve the field I can go out there and set the timer on when it's supposed to come on and when it's supposed to go off. So, that was brought up. So, we are looking into that as well. So, guess my question is does Council have any specific direction or questions regarding the scheduling of the fields? I know one question that we would have -- would involve the Dairy Days and the tournaments going on up there. You know, in the past MYB has used that field for, you know, obviously their big tournament, they come in according to Eric Centers with the MYB, they are strapped for fields as it is right now. But we have been getting Iguess -- I guess it's just been a huge parking issue during those days, so -- I don't know if you guys have any ideas, thoughts, or comments regarding the Dairy Days tournament or not. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Remind me do they -- does MYB pay the fee out there? White: They would pay to reserve the field. Bird: They would pay the 25 dollars an hour? White: Well, ten dollars an hour to reserve the field. If they would like to use the lights it would be 25 dollars on top of the ten. Bird: I don't have any -- the only time you're going to have problems is Saturday night. I'm sure Donny will -- Donny would allow us to use the parking lot next to the deal. In fact, we have got agate -- well, no, that gate went away, didn't it? White: There is one gate in the very -- in the corner behind the -- Bird: We moved it from the east side to the south. That's right. When they put in that wall there for the sun belt. White: Yes. Meridian City Council January 25, 2011 Page 44 of 52 Bird: I would -- I would like to see them still be able to use that for -- if you guys -- I don't think the parking is going to be that radical for Dairy Days. In fact, they don't have races Saturday night on Dairy Days. Or they didn't last year. De Weerd: No. It's the activities in the park that's the problem. Bird: Well, yeah, but if you use Donny's three acres there -- Siddoway: What I was going to say is the chamber usually works with Donny as part of their temporary use permit for Dairy Days to have access to that parking for the Dairy Days festival. Maybe what we need to do -- Bird: Baseball is part of that festival. Siddoway: -- is identify with the chamber when those busiest times are and see if we can avoid scheduling games at those specific times, because it is a bit of a Catch 22. We get the complaints about over booking the park and trying to run a tournament on top of the Dairy Days activities that are going on and, yet, the Dairy Days tournament is a huge tournament and brings in people from all over the northwest and it's a big benefit to the city as well and -- so it's a bit of a Catch 22 and maybe we can try and find some middle ground by just trying to avoid those busiest times with game times. Bird: Madam Mayor? De Weerd: Are there other areas that -- Bird: Yeah. There is some other areas there. Do you guys have -- do you still have the opening between Harold Cox field and the parking lot there to the east? Do you still have -- has that fence been -- White: I don't believe there is a gate there. Bird: Okay. They used to have a cutout, I think. I think there is some areas. And not only that, if they are not going to have races -- we'd have to find out if they are going to have races. If they are not going to have races there is no reason we can't use that back part of the speedway. In fact, there is no reason they can't even park in the speedway. I'd almost make you a bet that Donny and them would let them. AI and Don. But I hate to see it go away for the simple fact is it brings a lot of money to our restaurants and to our motels and all this kind of stuff -- to our grocery stores and to me when I go by a park and I see cars parked on the street or -- and the parking lot's full, I love it, because I know our parks are getting used. I hate going by a park and not seeing anybody in it. Siddoway: Well, we will do our best to accommodate both with that direction. It sounds like that's what the Council would like to see. Meridian City Council January 25, 2011 Page 45 of 52 Zaremba: Madam Mayor? Bird: Thanks, Steve. I think that's -- we need to look into it. De Weerd: Mr. Zaremba. Zaremba: If I'm observing the picture that's up there correctly, is that building a concession stand? Bird: Yes. White: Concession and announcers booth. Zaremba: Could we talk to our concessionaire in Settler's Park about -- I mean if there is that much activity going on maybe we should have a concession in there. White: A lot of the activity is in the evenings, so I don't know -- it's not an all day thing. Very similar to Settlers. I know Settlers they have the splash pad, so there is constant activity out there, which I'm sure you already know. This -- a lot of the reservations that I have been taking so far start about 5:30 on. Siddoway: And this legion team that's interested in the fields have a concessional of their own that is interested if they do get in there; correct? White: Yeah. Yeah. Zaremba: Okay. I was thinking about the college league thing. Siddoway: We will certainly put that on the table, though. Zaremba: You know, they certainly should plumb them for making some more money off of them. Bird: It's a very well set up concession. White: Yeah. Good condition. Well, that's all I had. Thank you very much. Siddoway: To summarize, we would seek your approval, then, of the memorandum of agreement tonight. We will also keep -- continue working on the bleachers and be back to you at a future date with more information about that. We will waive the fees for the James Dodge tournament. We will try and accommodate Dairy Days and, then, just continue forward with the other things we talked about. De Weerd: Okay. Thank you. Bird: Madam Mayor? Meridian City Council January 25, 2011 Page 46 of 52 De Weerd: Mr. Bird. Bird: I would move that we approve the dissolution of the agreement with Meridian Athletic Roundtable, Incorporated, in the City of Meridian over the -- for the baseball field and area known as Mo Brooks Field in Storey Park. Zaremba: Second. De Weerd: I have a motion and a second. Any discussion? Madam Clerk. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Before you go on. I want to make -- I want to tell you something. Next to the speedway that is probably my second love in Meridian. I have got a lot of blood, sweat, money, and tears in that field. We started that thing in 1982 and to my knowledge the city has not spent a penny out there. The Meridian Athletic Association has a little under 200,000 in it. So, take care of it, guys. It's a good field. Siddoway: Thank you. G. Legal/Clerks and Planning Departments: Expired Development Agreements Update De Weerd: Okay. Our next item is our city clerk or legal? I'm not sure who is taking this one. Canning: I think I am, ma'am. De Weerd: Oh. I guess I chose the two wrong one. The third got it. Canning: Madam Mayor, Members of the Council, about a year ago we met to discuss some development agreements that had not been signed and you gave us kind of two directions at that point. One was to make all the time lines consistent, so we did that a number of months ago, and everything is two years as far as final plats, conditional use permits, and preliminary plats, all that kind of stuff is all two years. The second was to go back and notify some of the ones that were particularly old and that they had not gotten time extensions on. So, the clerks developed the list for us. Legal did the draft Meridian City Council January 25, 2011 Page 47 of 52 of the letter and in reviewing the draft I thought we might make it a little more warm and fuzzy and so we took Bill's name off of them and kind of personalized them a little bit more for each applicant, updating it with -- to the best of my knowledge with what they had. So, each of them is a little different. I can give you just kind of a few samples, so - - so that you can see them. So, this is for like Ten Mile development, which is the one that Dennis Baker ended up buying or Scentsy's bought most of it now, so it's not even in their ownership anymore. So, if you skip down to this third paragraph it says basically that. We understand that you no longer own the property. Given that the approval period is expired the City of Meridian would like to leave a clear public record and officially rescind the rezone and development agreement approval. So, that's, basically, what each one says. Ten Mile Christian Church was a little bit different, they just -- they never signed their DA, but they did everything we asked them to do in the DA, so on that one we are not -- we are just saying we'd just like to rescind the DA, not the rezone that goes with it. Most of the other ones are very similar. Benelli Springs, Grau Subdivision, Shaylee Estates -- that one he actually -- he withdrew, but the Conditional Use Permit -- it's a little different. Matador Subdivision. Lou's at Lochsa Falls. These are all residential subdivisions that -- Seegrave -- that just basically died and so those kind of all say the same thing. I'll read Seegrave's. We understand you're no longer pursuing a residential subdivision on the property, given that the approval period has expired. The City of Meridian would like to leave a clear public record. So, again, similar. Goff was the one with the -- the swimming pool instruction. You may remember that. So, that's just another one we just said they weren't looking for development. Did want to point out the Fig Nut one. I have not really heard from the Van Aukers as to what's happening on this, so this may inspire a few phone calls, but to our knowledge they -- they are just not pursuing that subdivision at this time. We may hear something different. But we just have asked folks to contact us if they are opposed to it. It will be a little bit interesting to see who calls. The hearing is -- we are -- says it will be March 8th before City Council. So, that's all of them in a nutshell, as quickly as I could make it, but -- Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Have you sent these already? Canning: Yes. I think so. Zaremba: Okay. Canning: They are either in our mailbox or they are already out. Did you notice something that means I need to grab them out of our mailbox before I leave? Zaremba: Well, look at the last paragraph -- Canning: Oh, oh. Meridian City Council January 25, 2011 Page 48 of 52 Zaremba: At least in the Fig Nut one I don't know that I noticed. The last sentence says: You may contact me if you would like the Council to consider action other recission. There should be a word than -- other than recision. That's not a major flaw, so if they are already printed and signed and in a mailbox, don't worry about it. Canning: And they are all very consistently wrong. Zaremba: They are consistently missing that word, but -- somebody can figure it out. Hoaglun: You do have a couple that have than in, because I was noticing that, but, then, you had one that had it in there, so I thought, okay, they changed them all, but, then, it came back again, so -- Zaremba: It's not that big a deal. It's understandable. And Madam Mayor -- De Weerd: Oh, good. I get to use this later. Nary: That's what happens when we take the lawyer out of the -- Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: That does bring up another question that I would have. I guess I operate under the assumption that if they haven't signed a development agreement we have not approved annexation. Canning: Correct. And we have verified that on all of them. Zaremba: I would -- so, the Ten Mile Christian Church is not annexed yet? Canning: No. That one -- that one was a development agreement modification and they never signed the modification. So, we have annexed the church and, then, they came in for a modification. Zaremba: And the other ones have not broken ground or done anything; is that correct? Canning: Not under the entitlement that's being rescinded. Zaremba: Okay. Canning: Like Scentsy, they picked it -- they didn't -- the first one, Ten Mile Development, wanted to rezone that to C-G. Well, Scentsy purchased it and is using it as I-L, not as C-G. Meridian City Council January 25, 2011 Page 49 of 52 Zaremba: Thank you. De Weerd: Okay. Any other comments? Bird: No. I'm just -- I'm glad they don't have to call me. De Weerd: Okay. Zaremba: All right. Good. Canning: So, I -- Council may receive some phone calls. I'm sure we will receive phone calls. I'll kind of let folks know if -- if there is a big issue. I'm sure all of us will hear about it. Zaremba: Well, I think you're right. You said on the Fig Nut one, but I would think on any of them if -- if this alerts them that they need to do something, you have said it right, it's -- you know, here's what's going to happen. If that's not what you want give us a call. So, I wouldn't expect that to be an angry call, it would be a, oh, hello. Thank you. Canning: And the only concern is that -- for instance, the Grau one. I know we have told them it's dead, because that was our understanding is that it is dead. So, it will be interesting to see what may happen on the 8th. De Weerd: Okay. Anything further from Council on this one? Bird: Did she -- Madam Mayor, does she need a motion to -- De Weerd: You want to talk in your microphone before Dean gets after you? Bird: Oh. Do we need a motion to allow this out or -- I felt we give her -- we give them the go ahead when we asked them to do this. I don't feel we need a motion, do we? Hoaglun: To authorize the letters that have already been sent, Madam Mayor? Nary: Madam Mayor? Madam Mayor, Members of the Council, Councilman Bird, no, you already gave that direction and they will come back in front of you in March. If anyone has an objection, then, that's an opportunity for them to provide that objection. And, then, you can take action to actually rescind that earlier decision. Bird: Thank you. Canning: Madam Mayor. Tonight -- today was just to let you know what the letter said that went out just to kind of give you a heads up. De Weerd: Thank you. Meridian City Council January 25, 2011 Page 50 of 52 Zaremba: Good letter. Bird: Thank you. De Weerd: Okay. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Councilman Zaremba -Mayor and Council an Update on Air Quality Board Meeting Zaremba: I realize we are at the end of our agenda, but I could do a five minute comment on the Air Quality Board's meeting yesterday if anybody would care. Bird: Let's hear it. De Weerd: You bet. Zaremba: As you all are aware on January 1st of 2010 the Ada County Air Quality Board implemented a change that meant that testing was required every other year and exempting the first four years, as opposed to the older system of testing every car every year, regardless of how old it was. A few months after that the Idaho Department of Environmental Quality instituted a program in Canyon County that was -- had some differences from ours and the Air Quality Board at that time said we will watch that program for six months and see whether we want to adopt their way of doing it. That time has elapsed and the meeting yesterday had that on the agenda and the decision was that we didn't see any reason to change what we were doing. I agree that it was worth asking the question, because if they had some program that was light years ahead of ours, that would have been a good thing. But the basic gist of it was there are some ways that their program may be equal to ours and some ways that it's not as good as ours. So, we felt there was no reason to trash what's been working for more than 20 years and go to a new system and we will stick with ours. We had a fairly long agenda and we had two hours scheduled for the meeting. We ended up meeting for two and a half hours and not getting to the last three items on our agenda, one of which was discussion of funding a comprehensive air quality education program, which the Treasure Valley Air Quality Council has asked the cities to do and suggested that they pass that onto the Air Quality Board. That discussion was moved to next month, so I don't have an answer for you on that subject yet. But I just thought I'd bring you up to date that I think we have put to rest making any other changes to our program for some time. Bird: Good. De Weerd: Any questions? Meridian City Council January 25, 2011 Page 51 of 52 Bird: I have none. Thank you, David. De Weerd: Okay. Thank you. Zaremba: Thank you. De Weerd: I would just also like to note in front of you you have your delinquency for turn-off list. I chose the actual versus the pre-list and I would just like to go on the record and tell you that Karie Glen and her staff have been done a lot of tweaking their processes that have made it easier on those. You can even now pay in the morning and they can divert a turnoff that we weren't able to do before and so I think they -- they always have a very difficult environment during these turnoff days and we really have to appreciate the people that work in our utility billing and some of the abuse that they take. But they do just an amazing job at customer service and in dealing with real difficult situations. So, I just want -- I thought it was noteworthy to bring to your attention and if you think about it and you have a chance to stop in and say something to those -- those gals and guy that they really do a fantastic job in our utility billing. Bird: Madam Mayor, to add to that -- De. Weerd: Mr. Bird. Bird: They truly know -- not that the rest of our people don't also, but they truly know customer service. Those people -- I have happened to be going through there many a time when some unhappy person is in there voicing their opinion and our employees have stayed calm, cool, and collected and the people -- the ones I have seen have walked out -- maybe not happy, but they got the right answer and they -- you know, they -- they got an answer, let's put it that way. There was no him hawing around. I agree with you, they do a fantastic job, the same thing as the rest of our employees, but these people -- the only one that even comes close to that would be the clerk's office and they don't get near the complaints that those guys do. De Weerd: Yeah. And I think our water department gets it, too, but -- and I just think that we continue to -- to improve the system and, again, I would say there has been a number of customer focus changes in that department that have made their job slightly easier and they do deal with their -- the customers that come in with -- with a great deal of respect. So, with that said, I would entertain a motion to adjourn. Hoaglun: So moved. Bird: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council January 25, 2011 Page 52 of 52 MEETING ADJOURNED AT 9:20 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) '"~1r ~ CSC ~' MAYOR T De WEERD ATTEST:- JA -~~~~ DATE APPROVED LM~V, ~~~ ~~ ~~ ~ ~:a~ ; ; ~ r ~ . ~. K~~ ~ v~ ~a 1 ~ ~ ~cS t~".~'C.r.~ (J. '~. ~, . ~ ' ~ ~' s y i { , ' ~ i ~~ `~:~ ~ ~~ d S ~1~~1 Item #7A: Fast Eddy's Ten Mile Station (VAR•10-004) " Application(s): SAN ~ ~ 2~9j - Variance CITYOFG~IE~~~- CITYCLERKS OFFICE Size of property, existing zoning, and location: This site consists of 1.89 acres, zoned C-C and is located at 750 N. Ten Mile Road. Summary of Request: The applicant is seeking a variance to allow one open vehicle washing bay and one vacuum station to encroach in the required setback from a residential zoning district. Per the (UDC 11-4-3-39C), any vehicle washing facility that is not fully enclosed shall be located a minimum of 100-feet from any abutting residential district. The approved site plan depicts the proposed vehicle washing facility 40 feet from the adjacent R-15 zoning district boundary to the east. The rezone of the property provided some relief to this requirement by relocating the commercial district boundary to the centerline of the adjacent roadway rather than leaving at the project property line, however; it did not adequately achieve the full separation as required by the code. Initially, the applicant chose to comply by removing one of the vacuum stations and planned to install overhead doors on the encroaching washing bay as set forth in the approved conditional use permit. Subsequent to approval of the CZC, the applicant decided to pursue the variance and believes the proposed facility should not conflict with the adjacent residences based on the established hours of operation (6 a.m. to 11 p.m.) and the actual distance between the habitable space of the residences and the proposed facility (approximately 140 feet). In addition, the washing facility and the residential structures are also physically separated by a local street (54 feet of right-of-way) and a 13-foot wide street buffer on the west side of the road. Further, all of the off street-parking for the existing four-plexes is located between the habitable space and the street which should also help buffer the noise created by the proposed vehicle washing facility. If Council grants the variance, staff recommends the applicant construct a 6-foot masonry wall adjacent to the north and east boundary of the proposed vacuum stations. Written Testimony: Steve Eddy has submitted a letter requesting Council exclude the requirement for the 6-foot masonry wallas recommended by Staff. Outstanding Issue(s) for City Council: None Staff Recommendation: Denial of the variance. Notes: Meridian City Council Meeting Dd-TE~ January 25, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITI F~ Approve Minutes of January 11, 2011 City Council Workshop Meeting MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 25, 2011 ITEM NUMBER: rjB PROJECT NUMBER: ITEM TITLE: Approve Minutes of January 18, 2011 City Council Special Meeting MEETING NOTES f ~" CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 25, 2011 ITEM NUMBER: 5C PROJECT NUMBER: ITEM TITLE: Acceptance Agreement for Display of Artwork of Michael Rusnack in Initial Point Gallery, January 28 to February 25, 2011 MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS acs I ~~ ~ - C3~- ~ q I rlo~ ~j k w-c ~ - ~-nrta~l -f-a ~~~ha~~ ~~h~~ ~~ ~~.~ ~~ ~ ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the I~ day of ~cs~_, 2011 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Michael Rusnack, an individual person whose address is 9833 West Lanktree Gulch Road, Staz, Idaho ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, in response to the Call to Artists, Artist did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; WHEREAS, on November 4, 2010, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Artist's work for display based on the Proposal, and recommended to the Meridian City Council that Artist's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; WHEREAS, at its regulaz meeting on December 21, 2010, by the passage of Resolution no. 10-762, the Meridian City Council adopted such recommendation and directed the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. - ~- Artist shall personally deliver to Initial Point Gallery, on January 28, 2011, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artist and the Gallery Curator, approximately thirty (30) framed paintings, which pieces shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on January 28, 2011 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from January 28, 2011 to February 25, 2011 in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on February 25, 2011, at 9:00 a.m., or at such time and date as is mutually agreed upon by the Artist and the Gallery Curator. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 1 II. COMPENSATION AND SALE OF ARTWORK. ~, A. No compensation. Artist shall display his artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III. TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, r.,,,~ and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto in Exhibit B, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. ~. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 2 V. DISPLAY. ~...t A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, mazketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI. INDEMNIFICATION, WAIVER, AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist, his servants, agents, employees, guests, °'~ and/or business invitees. ACCEPTANCE AGREEMENT INITIAL POIIJT GALLERY DISPLAY PAGE 3 B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance is Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person, property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with any term or n condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have twenty-four (24) hours after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 4 VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlazged, modified or altered except upon written agreement signed by both parties hereto. ~-•~ E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require his artistic talent or expertise. Artist may subcontract or assign obligations that do not require his artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE S ,,..~ Artist• Michael Rusnack 9833 W. Lanktree Gulch Rd. Staz, Idaho 83669 (208) 871-9009 michael_rusnack@msn.com Gallerx Curator: Dwight Williams Meridian Arts Commission 33 E. Broadway Ave. Meridian, Idaho 83642 (208) $87-6473 dwight5332@q.com C Emily Kane, Deputy City Attorney City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 898-5506 ekane@meridiancity.org Any party may change its respective address for the purpose of this pazagraph by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this /yday of -~pc~v ~ _, 2011. ARTIST: ~, Mic ael Rusnack CITY OF MERIDIAN: BY: Attest: !"'~. Tammy d~eerd, Mayor Jaycee H h an, City Clerk ' SG ~~``~~~pf~~MER/p'''%, ~qj,'% .~'' - SEAL = 1~~ ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 6 Exhibit A /"'~ '~ Meridian Commission Call for Artists: 2011 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2011 Initial Point Gallery Series, a series of one-month exhibitions in Initial Point Gallery. Initial Point Gallery is located on the third floor of Meridian City Halt (33 E. Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 120 feet of total wall space for hanging two- dimensional artwork, and four enclosed display cases for three-dimensional artwork. MAC requests that artists voluntarily donate to MAC 20% of proceeds from sates of art displayed in Initial Point Gallery. ELIGIBILITY: Two-dimensional works displayed in Initial Point Gallery must be comprised of professional-quality, ready-to-hang, original art; artwork on paper must be under glass or acrylic. Selectees must fill all or half of the gallery. Three- dimensional works may be of any medium, but must fit within the four supplied display cases. No artwork will be displayed which: cannot be safety hung or displayed using the gallery's equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Each piece to be displayed will be evaluated for its compliance with these general requirements. Selectees will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees may reapply biennially. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2011 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. • Completed, signed Application It Acknowledgements form; ~ Biography of the artist or informational statement regarding organization; Letter of intent; • Five (5) digital images representational of the works proposed for display, on a CD (for organizations, each image must be of a different artist's work); and • $35 gallery maintenance fee (nonrefundable). Details and forms are available at the City's website, http://www.meridiancity.org or upon request. Limited assistance producing digital images may be available upon request. Materials submitted cannot be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 29, 2010. SELECTION PROCESS: The selection of art for the 2011 Initial Point Gallery Series will be made by MAC. MAC will notify selectees by letter sent U.S. Mail. In evaluating eligible proposals, the following factors will be considered: • Quality of work; • Appropriateness of subject and concept for a functioning government workplace; • Consistency with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION; . _ _ _. The City of Meridian will provide selected artists/organizations with the following resources: • Volunteers to assist artist/organization with installing and removing each piece of artwork; • Track system for hanging 2D art, using wires that are attached to hooks; • Four enclosed pedestals for 3D art, each approximately 24 inches square; • Space for artist information and/or an information board; and • Publicity of the exhibit through City contacts, local media, and other informational forums. CONTACT MAC: By mail: n By a-mail: Meridian Arts Commission Attn: 2011 Initial Point Gallery Series 33 East Broadway Avenue Meridian ID 83642 mac@meridiancity.org Exhibit B ~~ i""\ Meridian Commission Application Ft Acknow(ed~ments: 2011 INITIAL POINT GALLERY SERIES ARTIST/ORGANIZER CONTACT INFORMATION: Check one: ~ I am submitting this form as an individual artist. ^ I am submitting this form on behalf of an organization. Artist/Org. Name: Michael Rusnack Organizer name: E-mail address: Mailing Address: Physical Address: Phone numbers: Evening: Cell: APPLICATION OVERVIEW: Check all that apply: ^ I/we propose to fill one half of Initial Point Gallery with two-dimensional artwork. I~ 1/we propose to fill the entire Initial Point Gallery with two-dimensional artwork. ^ i/we propose to fill these display cases with 3D artwork: ^ 24"Wx24"Dx42"H ^ 24"Wx24"Dx36"H ^ 24"Wx24"Dx30"H ^ 24"Wx24"Dx24"H Number of 2D pieces: 20+ Average size of 2D pieces: 11x14, 12x16 16x20 18x14 Number of 3D pieces: Average size of 3D pieces: APPLICATION MATERIALS: ^ Completed, signed Application & Acknowledgements Form ,~7 Biography of artist or informational statement regarding organization, no longer than one 8Y4 x 11" page; A letter of intent, describing: a. Artist/Organization's vision for and/or theme of the proposed display; b. Number, dimensions, prices, and medium or media utilized in the works to be displayed; c. .Any publicity that the Artist/Organization plans to undertake if selected; and/or d. Any atypical issues or challenges regarding hanging or display of the works proposed for display. ^ Up to five digital images of work representational of the artist's/organization's work on a CD, resolution of 300 dpi at a minimum size of 5x7", in .jpg format. Please name each image file with artist's last name or organization name and the title of the work (e.g.: name.title. jpg). Materials submitted will not be returned. Damaged or non- compliant CDs and/or images will not be considered. Images will not be accepted via a-mail. ^ $35 gallery maintenance fee, check made payable to the Meridian Arts Commission. This fee is nonrefundable. DISPLAY INFORMATION: Initial Point Gallery is equipped with a track system for hanging two-dimensional artwork. Artwork displayed in the gallery will be hung from cables using hooks, and therefore must be equipped with one D ring on the back of the frame, or two D rings on the side rails on the back of the frame, as illustrated below. The D-rings should be approximately a quarter of the distance of the total frame height from the top of the frame in order to avoid slanting away from the wall. Wires, eyehooks, and clip frames may not be used for hanging, and are not allowed. Initial Point Gallery also provides four display cases, each with different dimensions, for displaying three-dimensional artwork. '~`` ACKNOWLEDGMENTS: I, Michael Rusnack ,hereby acknowledge the following stipulations and agree that if this proposal is selected for display at Initial Point Gallery, such display shall occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shall be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge that: MR A. Before my work will be displayed in Initial Point Gallery, I will be required to enter into an Acceptance _ ~"~ Agreement with the City of Meridian establishing the specific terms and conditions of the display of the particular works displayed. MR g. If my work is selected for display in Initial Point Gallery, the City of Meridian and its agents will exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but cannot and will not assume liability for any loss or damage. MR C. Any insurance of the artwork displayed in Initial Point Gallery shall be the sole responsibility of the 1Fii~ artist. The City of Meridian shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery. MR p, While artwork displayed in Initial Point Gallery may be passively offered for sate by means of an a~ informational table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in Initial Point Gallery may have a visible price tag. MR E. While it is intended that each exhibit in Initial Point Gallery will be displayed for aone- to two-month ~RQ't- period, this period may be shortened by the City of Meridian for any reason, without notice to the artist or organization. ,•~ MR F. The City may display the work of more than one artist or organization in Initial Point Gallery at any ice[' time, at the City's sole discretion. MR G. Artwork submitted for display in Initial Point Gallery must be original works conceived and created ~"m^` by the artist (or by artist members of the organization) submitting this application. MR H. Meridian City Hall is primarily a place of public business and Initial Point Gallery is a public place. The "~ City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable. To this end, only artists and artwork meeting the eligibility standards described in the Call for Artists and following the terms set forth in the Acceptance Agreement shall be displayed in Initial Point Gallery. I do acknowledge and understand each and all of the foregoing stipulations and do agree to these general terms and conditions. Signature: -~ Print name: Michael Rusnack Date: 9 October 2010 _ _ _ _ To propose an exhibition in Initial Point Gallery, please submit this form, completed in full, with the required materials and fee, via U.S. mail, to: Meridian Arts Commission Attn: Initial Point Gallery 33 East Broadway Avenue Meridian ID 83642 ,,•~ Thank you for your interest! ~"~. MICHAEL RUSNACK michael rusnack[a msn.com 208 8719009 Michael Rusnack finds painting a creative outlet when compared to his training as a degreed engineer. Originally from the Greater Chicago area, Michael now resides in Star, Idaho. Michael's interest in the visual arts began with his role as a stage set designer. This carried him to study in England where he discovered oil and water color painting. While apprenticing in Italy, he studied sculpting and art history. Michael has developed his water color skills under Dwight Williams. More recently, he has taken a renewed interest in oil painting under the direction of Fred Choate. At present he is focused on developing oil painting techniques referred to the painterly approach. The resultantworks of interpretative realism depict landscape scenes of the west and his native Midwest roots. Shows June 2009 Emerging Artist Show April -June 2010 A collection of Landscapes The Artisan.Gallery Visage Studio and Gallery November 2009 to September 2010 The Eclectic Gallery A rotating show of various works May 2010 to present Idaho Landscapes and other works July 2010 River Scenes September 2010 October 2010 to December 2010 October 2010 Landscapes November 2010 March 2011 ~ Landscapes Gala Studio and Gallery Idaho Rivers Alliance Wood River Winery Four Q Gallery 6th and L Gallery and Frame Shop St Luke's Hospital Utah Arts Festiva! Gallery Eagle, ID SLC, UT Boise, ID Eagle, ID Garden City, ID Eagle, ID Boise, ID SLC, UT Eagle ID SLC, UT ~. MICHAEL RUSNACK michael rusnackCa~msn com 208 $719009 Publications August /September 2009 Waterworks - ID Watercolor Society Article:Quinacrldone Colors: l am unable to pronounce it but I sure like the results Awards 1" Place Water Color WIF -Idaho Landscape Boise Foothills Too 3`~ Place ~ Oil WIF -Idaho Landscape On the Bruneau Plain 3`~ Place Oil WIF -Water Scape Peaceful Cove ~'"~~ Michael Rusnack Approaching Storm At the Base of the Mountain Beautiful Finland Bell Canyon too Blow Out Boise River Cades Cove Cape Disappointment Cold Night Desert Trail First Cutting Four Acres -One Tree George Lake Happy Mother's Day Homestead II McCall-Jugehandle Mountain McCall -North Shore On the Beach ~ On the Trail to Red Pine Lake Peaceful Cove Poplars Quiret Perspective Summer Storm Reflections of Utah Sunset a the Lake Wood River Yellow Iris Yellowstone Falls Yakushima Harvest Sunset Hill top Villa Hills of Tuscany o~-io 12 x 16 Oil on Canvas 6 x 19 Oil on Copper 12 x 16 Oil on Canvas 18 x 24 Oil on Canvas 12 x 16 Oil on Canvas 9 x 12 Oil on Canvas 16 x 20 Oil on Canvas 11 x 14 Oil on Canvas 12 x 16 Oil on Canvas 11 x 14 Oil on Canvas 12 x 16 Oil on Canvas 16 x 20 Oil on Canvas 12 x 16 Oil on Canvas 8 x 8 OII on Canvas 9 x 12 Oil on Canvas 16 x 20 Oil on Canvas 16 x 20 Oil on Canvas 16 x 20 Oil on Canvas 18 x 24 Oil on Canvas 12 x 16 Oil on Canvas 16 x 20 Oil on Canvas 16 x 20 Oil on Canvas 12 x 16 Oil on Canvas 16 x 20 Oil on Canvas 12 x 16 Oil on Canvas 9 x 12 Oil on Canvas 12 x 16 Oil on Canvas Panel 9 x 12 Oil on Canvas 12 x 16 Oil on Canvas 8 x 16 Oil on Canvas 8x16 OIIonCanvas 18 x 24 Oil on Canvas $ 400 $ 550 $ 400 Private Collection $ 400 Private Collection $ 650 $ 300 $ 400 $ 300 Private Collection $ 650 $ 400 Private Collection $ 175 $ 650 $ 650 $ 650 $ 750 $ 400 $ 650 $ 650 $ 400 $ 650 $ 400 $ 175 Private Collection $ 175 $ 300 $ 185 $ 185 $ 850 Meridian City Council Meeting DATE: January 25, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Acceptance Agreement for Display of Artwork of Joni Frey in Initial Point Gallery, March 25 to April 22, 2011 MEETING NOTES CLERKS OFFICE FINAL ACTIQN DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Or--q~n~\ -b Shex-ee ' C'o~ ~ ACCEPTANCE AGREEMENT: '~ DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ~. This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the ~ day of ~, 2011 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Joni Frey, an individual person whose address is 677 W. Sandstone Court, Boise, Idaho ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, in response to the Call to Artists, Artist did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; WHEREAS, on November 4, 2010, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Artist's work for display based on the Proposal, and recommended to the Meridian City Council that Artist's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; WHEREAS, at its regulaz meeting on December 21, 2010, by the passage of Resolution no. 10-762, the Meridian City Council adopted such recommendation and directed the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on Mazch 25, 2011, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artist and the Gallery Curator, approximately twenty (20) paintings, which pieces shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on March 25, 2011 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from Mazch 25, 2011 to Apri122, 2011, in accordance with the terms of this Agreement; •'"~ and shall be responsible for removal of such artwork on April 22, 2011, at 9:00 a.m., or at such time and date as is mutually agreed upon by the Artist and the Gallery Curator. ACCEPTANCE AGREEMENT IMTIAL POINT GALLERY DISPLAY PAGE I ~"~ II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display her artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artisist acknowledges the Commissions request that artwork shall be handled solely by Artlst. Art g Artist voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III. TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, i"`~ and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto in Exhibit B, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof _, does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, or cannot be safely andlor appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. ACCEPTANCE AGREEMENT INITIAL POII9T GALLERY DISPLAY PAGE 2 r,,,~ V. DIS_ A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire. for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, mazketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. ~"~. E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. _ VI. INDEMNIFICATION, WAIVER, AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist, her servants, agents, employees, guests, .~ and/or business invitees. ACCEPTANCE AGREEMENT PAGE 3 INrrIA.L POINT GALLERY DISPLAY ~..,` B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance is Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person, property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have twenty-four (24) hours after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically .__ _. terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. ACCEPTANCE AGREEMENT PAGE 4 INITIAL POIIJT GALLERY DISPLAY VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. ~'~`~ E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho, F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require her artistic talent or expertise. Artist may subcontract or assign obligations that do not require her artistic talent or expertise. All of the... -. terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by ,...~ United States Mail, addressed as follows: ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 5 Artist: Joni Frey 677 W. Sandstone Court Boise, Idaho 83702 (208) 433-9976 freyfam@clearwire. net Gallery Curator: Dwight Williams Meridian Arts Commission 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 887-6473 dwight5332@q.com C~ Emily Kane, Deputy City Attorney City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 898-5506 ekane@meridiancity.org Any party may change its respective address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this ~rJ day of , 2011. ARTIST: a Joni F y CITY OF MERIDIAN: Tammy a eerd, Mayor ;-'~ ~ ~dptP~R,~ p~ 9'Y ~''-; Attest: = SEAL M Jaycee an, City Clerk ~ ~ ,, '9p ~r ~s~ , ~ ~~,.~`~ ~ ~. ~~~~ ~ ~t1N'T'I ~• ACCEPTANCE AGREEMENT INTCIAL POINT GALLERY DISPLAY PAGE C) ~'"~ Exhibit A Meridian Commission CQ(l for Artists: 2011 INITIAL PRINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2011 Initial Point Gallery Series, a series of one-month exhibitions in Initial Point Gallery. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 120 feet of total wall space for hanging two- dimensionalartwork, and four enclosed display cases for three-dimensional artwork. MAG requests that artists voluntarily donate to MAC 20% of proceeds from sales of art displayed in Initial Point Gallery. ELIGIBILITY: Two-dimensional works displayed in Initial Point Gallery must be comprised of professional-quality, ready-to-hang, original art; artwork on paper must be under glass or acrylic. Selectees must fill all or half of the gallery. Three- dimensional works may be of any medium, but must fit within the four supplied display cases. No artwork will be displayed which: cannot be safely hung or displayed using the gallery's equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Each piece to be displayed will be evaluated for its compliance with these general requirements. Selectees will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees may reapply biennially. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2011 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. • Completed, signed Application ft Acknowledgements form; ~,.~ Biography of the artist or informational statement regarding organization; Letter of intent; Five (5) digital images representational of the works proposed for display, on a CD (for organizations, each image must be of a different artist's work); and • $35 gallery maintenance fee (nonrefundable). Details and forms are available at the City's website, http: / /www.meridiancity.org or upon request. Limited assistance producing digital images may be available upon request. Materials submitted cannot be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 29, 2010. SELECTION PROCESS: The selection of art for the 2011 Initial Point Gallery Series will be made by MAC. MAC will notify selectees by letter sent U.S. Mail. In evaluating eligible proposals, the following factors will be considered: Quality of work; • Appropriateness of subject and concept for a functioning government workplace; • Consistency with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON. SELECTION:. ~ - ~ - The City of Meridian will provide selected artists/organizations with the following resources: • Volunteers to assist artist/organization with installing and removing each piece of artwork; Track system for hanging 2D art, using wires that are attached to hooks; • Four enclosed pedestals for 3D art, each approximately 24 inches square; • Space for artist information and/or an information board; and • Publicity of the exhibit through City contacts, local media, and other informational forums. CONTACT MAC: By mail: Meridian Arts Commission ~ Attn: 2011 Initial Point Gallery Series 33 East Broadway Avenue Meridian ID 83642 By a-mail: mac@meridiancity.org ~. Exhibit B s`"~ Meridian Commission Application £~ Acknowledgments: 2011 INITIAL POINT GALLERY SERIES ARTIST/ORGANIZER CONTACT ~FDRMATION: Check one: tam submitting this form as an indivfdtial artiist. ~ I am submitting this form on behalf of an organizattibn. Artist/Org. Name: Organizer name: E-mail address: Mailing Address: Physical Address: Phone numbers: APPLICATION OVERVIEW: Check all that apply: Ii3~I/we propose to fit<l gone halfi ofi initial Point Gallery wlth tv~-c~ensionat artwork. #~ i/we propose t;o fi~Ri the entire Initi~ Point Gallery with artwork. C71lwe propose to fill these display canes with 3D artwork: ~ 24"Wx24°Dx42AH ^ 24"Wx24"Dx36"H D 24"Wx24"Dx30"H I] 24"Wx24"Dx24"H Number of ZD pieces: l5 ^ ~O Average size of 2D pieces: zz" ~ LS " Number of 3D pieces: Average size of 3D pieces: APf LICATIDN MATEItiALS: Q Completed, signed A~ppiicatimi ft Adu>o~Medgemei~s Form [~ Biography of artist or irdormationat statement regarding organization, no longer than one 8~s x 11" page; r--~l A letter of intent, describing: a. Artist/Organization's vision for and/or theme of the proposed display; b. Number, dimensions, prices, and medium or media utlfiized in the works to be displayed; c. Any publicity that the Artist/Organization plans to undertake if selected; and/or d. Any atypical i~aes or challenges r~egar~dirxl ~ or clis~ay of the works prr~posed far display. ~ Up to five digit iisria~es of wori< ~~ of t#ie artist'sloration's work on a CD, r~esdution of 300 dpi at a minimum size of ~x7°, in .jpg format. Please name each linage file wiCh artist's last name or organization name and the title of the work (e.g.: name.title. jpg). Materials submitted will not be returned. Damaged or non- compliant CDs and/or images wRi not be considered. tmages will rwt be aocepbe~d via a-mail. [~ $35 gallery maintenance fee, check made payable to the Meridian Arts Commissiian. Thus fee is nonrefundable. DISPLAY INFORMATION: Initial Point Gaiiery is equipped with a track system for I two-~inensi4nat artwrirk. Art~aniic cliaQiayed in the gallery will be hung from calries usirsg hooks, and therefore must be equipped wlth orre iJ ring on the bade of the frame,- or two D rings on the side rails on the back of the frame, as illustrated below. The D-rings should be approximately a quarter of the distance of the total frame height from the top of the frame in order to ay+aid slanting away from the wall. Wires, eyehvoks, and ct~ frames may rat be used far hanging, mid are rat aUawed. Initial Point Gallery also provides four display cases, each with different dimensions, for displaying three-dimensional artwork. ~~ rr f!~ !'i l j h- y'` 1 ,1;... ~~ ~ ~ J `Ji j,,, ` t ` 'i f : ~*.! ~- i ; r: - g' ' l~i rxY~ f ~-. ~~~~_. i /: ~. < ~ /.: ;. ~~~: Y J'! r,{ .~ ,S ti 3 -~' ~~~ /Y I Sri; f ~. >' ~ sa wtC may= X133-A~I7(~,__ Evening: san.~ Cam: ~KNOWLEDGMENTS: ,hereby acknowledge the following stipulations and agree that if this proposal is sel ed for display Initial Point Gallery, such display shall occur subject to these general terms and conditions, as welt as snbj~tween mr elpf and the City of cMeridian.s I sapecifacally acknowledge th~rate, written Acceptance Agreeme Ys . A. Before my work will be displayed in Initial Point Gallery, I will be required to enter into an Acceptance Agreement with the City of Meridian establishing the specific terms and conditions of the display of the . particular works displayed. B. If my work is selected for display in Initial Point Gallery, the City of Meridian and its agents will exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but cannot and will not assume liability for any loss or damage. C. Any insurance of the artwork displayed in Initial Point Gallery shall be the sole responsibility of the artist. The City of Meridian shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery. `- • D. While artwork displayed in Initial Point Gallery may be passively offered for sale by means of an informational table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in Initial Point Gallery may have a visible price tag. E. White it is intended that each exhibit in Initial Point Gallery will be displayed for aone- to two-month period, this period may be shortened by the City of Meridian for any reason, without notice to the artist or organization. ,.- •_ . F. The City may display the work of more than one artist or organization in Initial Point Gallery at any time, at the City's sole discretion. G. Artwork submitted for display in Initial Point Gallery, must be original works conceived and created " by the artist (or by artist members of the organization) submitting this application. • H. Meridian City Hall is primarily a place of public business and Initial Point Gallery is a public place. The City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that City Hatt is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable. To this end, only artists and artwork meeting the eligibility standards described in the Call for Artists and following the terms set forth in the Acceptance Agreement shall be displayed in Initial Point Gallery. ! do acknowledge and understand each and all of the foregoing stipulations and do agree to these general terms and conditions. Signature: ~, Print name: - ~ Date: !D '25"~ ~D - _ . _. To propose an exhibition in Initial Point Gallery, please submit this form, completed in full, with the required materials and fee, via U.S. mail, to: Meridian Arts Commission Attn: Initial Point Gallery 33 East Broadway Avenue Meridian ID 83642 Thank you for your interest! ~"'~ Dear 1Viembers o#'the .Meridian .Arts Coxnxnission: I propose to fill one half of the Initial Point Gallery with I5-20 paintings. The framed pieces vary in size from 16" x 20" to 28" x 36". The work is a study of vibrant color, painted on. Yupo paper. Prices range from $2#10 -$4.ri0. Yupo paper is a relatively new fine art material.. While it looks like shiny paper, it is acteially a plastic surface on which paint behaves quite differently than it does on paper. The water evaporates o#ir`, .leaving the pigment right on the surface, allowing for intense, vibrant colors. The pigment can. be manipulated, moved or even removed. I find it to have a di#~ferent feel and look than traditional watercolor, yet it retains the liquidity of watercolor. The way water moves the pigment is what attracted me to watercolor painting years ago. It makes for an. aliveness in the paintings. This body a.f work is an atte.cnpt to use the Mowing duality of watercolor, combined with the .intensity of color allowed by the Yupo paper..I.t feels like a new media, a new expression., like something that has not been done before. I like to work with everyday subject matter, familiar to us all. I a~n painting vibrantly colored food. and colorful. people as intensely and as juicy as possible. If selected, I will send announcements to my personal mailing list o#` approximately 50 households in the Valley. A.s a member of "I'he Idaho Watercolor Society, announcements ~~ would also be sent to the membership. Please consider allowing me to show at the Initial. Point Gallery, and thank you for your consideration. L Sincerely, Joni Frey n -- , .,~ Joni Frey/ BIOGRAPHY Joni Frey was raised on a farm near the east shore of Lake Winnebago in Wisconsin. She earned a B.S. in Communications from the University of Wisconsin, Stevens Point. She went on to study at the Burnley School of Professional Art inSeattle. She moved to central Alaska where she helped to run a lodge near Denali Park. Besides baking bread and serving meals daily, she observed, photographed and drew large wild game there. She then moved to Fairbanks, where she worked for 10 years as an illustrator for the Bureau of Land Management. Joni's next move was to Northern Virginia, with her husband. There she spent most of the next 10 years raising their two children, exploring, learning with them, as well as making paintings and drawings of~them. ~-•~ In 1998, they moved happily to Boise, Idaho. Joni began volunteering at the World Center for Birds of Prey. As a docent, she learned to handle and show birds there, leads classes and public tours, and has contributed to the displays at the Velma. Morrison Visitor's Center. Joni has shown her paintings in regional shows in Fairbanks, Alaska, Reston, Virginia, Alexandria, Virginia., and in Boise and Nampa, Idaho. She is a member of, and frequently exhibits work with the Idaho Watercolor Society. Her work has been honored with awards in Fairbanks, Reston, and Boise. She exhibited a solo show at Davies-Reid in Boise, and at the Initial Point Gallery in Meridian. Her work can also be seen at the Galerie Belle Ame, Silverston Plaza, Meridian, Idaho. She continues to paint, draw, bird-watch, hike, back-pack, snowshoe, photograph and enjoy beautiful Idaho. Meridian City Council Meeting DATE: January 25, 2011 ITEM NUMBER: 5E PROJECT NUMBER: ITEM TITLE: Acceptance Agreement for Display of Artwork of Edie Schutte Martin in Initial Point Gallery, March 25 to April 22, 2011 MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS br~q~ noel }v Sl~erjee, - ~.{ ~..,, ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the ~ day of .,,~ _, 2011 "Effective Date" , b and between the City of Meridian, a municipal corporation organized` ( ) Y under the laws of the State of Tdaho ("City"), and Edie Schulte Martin, an individual person whose address is 6520 Granada Lane, Eagle, Idaho ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, in response to the Call to Artists, Artist did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; WHEREAS, on November 4, 2010, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Artist's work for display based on the Proposal, and recommended to the Meridian City Council that Artist's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; .! .--. WHEREAS, at its regulaz meeting on January 11, 2010, the Meridian City Council adopted such recommendation and directed the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on March 25, 2011, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artist and the Gallery Curator, approximately twenty-four (24) stained glass panels, which pieces shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on March 25, 2011 at the direction of the Gallery Curator; shall allow the display of such work in r Initial Point Gallery from March 25, 2011 to Apri122, 2011, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on Apri122, 2011, at 9:00 a.m., or at such time and date. as is mutually agreed upon by the Artist and the Gallery Curator. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE I II. COMPENSATION AND SALE OF ARTWORK. ~"`. A. No compensation. Artist shall display her artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III. TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, ~ and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto in Exhibit B, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. ACCEPTANCE AGREEMENT INrfIAi. POINT GALLERY DISPLAY PAGE 2 V. DISPLAY. ~. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. T'he manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI. INDEMNIFICATION, WAIVER, AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist, her servants, agents, employees, guests, ~-. and/or business invitees. ACCEPTANCE AGREEMENT INITIAL POINT' GALLERY DISPLAY PAGE 3 B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance is Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person, property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with any term or r.~ condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have twenty-four (24) hours after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 4 VIII. GENERAL PROVISIONS. ~"ti A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent, joint ventwer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the cowse of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlazged, modified or altered except upon written agreement signed by both parties hereto. ~-. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require her artistic talent or expertise. Artist may subcontract or assign obligations that do not require her artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inwe to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by ~ United States Mail, addressed as follows: ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 5 Artist: ~` Edit Schulte Martin 6520 Granada Lane Eagle, Idaho 83616 (208) 939-9618 edie martin@hotmail.com Gallery Curator: Dwight Williams Meridian Arts Commission 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 887-6473 dwight5332@q.com C Emily Kane, Deputy City Attorney City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 898-5506 ekane@meridiancity.org Any party may change its respective address for the purpose of this pazagraph by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this ~ day of ~ , 2011. ARTIST: ..-~ Edie Schulte Martin CITY OF MERIDIAN: BY: Attest: Tammy dr~eerd, Mayor Jaycee Hopi n, City Clerk ,,;: O~ ~~/d, . G ~o~ ~., ., ~~' rFp s k = AL = 1~M ,~9~ T1g~. ~. ,,~~~~,~ ~~UNT`l ~~P ~~~`,• ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 6 Exhibit A ~. ~ Meridian Commission Call for Artists: 2011 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2011 Initial Point Gallery Series, a series of one-month exhibitions in Initial Point Gallery. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 120 feet of total watt space for hanging two- dimensional artwork, and four enclosed display cases for three-dimensional artwork. MAC requests that artists voluntarily donate to MAC 209K of proceeds from sales of art displayed in Initial Point Gallery. ELIGIBILITY: Two-dimensional works displayed in Initial Point Gallery must be comprised of professional-quality, ready-to-hang, original art; artwork on paper must be under glass or acrylic. Selectees must fill all or half of the gallery. Three- dimensional works may be of any medium, but must fit within the four supplied display cases. No artwork will be displayed which: cannot be safely hung or displayed using the gallery's equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Each piece to be displayed will be evaluated for its compliance with these general requirements. Selectees will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees may reapply biennially. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2011 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. • Completed, signed Application I-t Acknowledgements form; • Biography of the artist or informational statement regarding organization; ~'~• Letter of intent; • Five (5) digital images representational of the works proposed for display, on a CD (for organizations, each image must be of a different artist's work); and • $35 gallery maintenance fee (nonrefundable). Details and forms are available at the City's website, http://www.meridiancity.org or upon request. Limited assistance producing digital images may be available upon request. Materials submitted cannot be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 29, 2010. SELECTION PROCESS: The selection of art for the 2011 Initial Point Gallery Series will be made by MAC. MAC will notify selectees by letter sent U.S. Mail. In evaluating eligible proposals, the following factors will be considered: • Quality of work; • Appropriateness of subject and concept for a functioning government workplace; • Consistency with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources: • Volunteers to assist artist/organization with installing and removing each piece of artwork; • Track system for hanging 2D art, using wires that are attached to hooks; • Four enclosed pedestals for 3D art, each approximately 24 inches square; • Space for artist information and/or an information board; and • Publicity of the exhibit through City contacts, local media, and other informational forums. CONTACT MAC: By mail: Meridian Arts Commission Attn: 2011 Initial Point Gallery Series 33 East Broadway Avenue Meridian ID 83642 By a-mail: mac@meridiancity.org Exhibit 6 Meridian Commission Application £t Acknowledgments: 2011 INITIAL POINT GALLERY SERIES ARTIST/ORGANIZER CONTACT INFORMATION: Check one: ®I am submitting this form as an individual artist. ^ I am submittin~gI~this form on behalf of an organization. Artist/Org. Name: ~l~ Scht~f~t-~ Nl0.r~in Organizer name: ~2rne ~- E-mail address: 2tEie ~ . Mailing Address: JQ52p ('~±ray.~.d a Lane . _ ~al~~ (p ~ l b Physical Address: Sara ~ Phone numbers: Day: 21~ Q~t.-QG(S' Evening: 2©$-43q-~I195' CeIL• 2D$-~'7Ib-CS34.p ~,~, ~~I ~ra~oae -k~ fill -W-e windaus a~#--Ifie Qrxl o,~ APPLICATION OVERVIEW: ~ ~+ W ~ at 5 t-~ecl glass gy^(,~,upr(Z '~ ~allerti Check all that apply: ^ I/we propose to fill one half of nitial Pont Gallery with two-dimensional artwork. ^ 1/we propose to fill the entire Initial Point Gallery with two-dimensional artwork. ^ I/we propose to fill these display cases with 3D artwork: ^ 24"Wx24"Dx42"H ^ 24"Wx24"Dx36"H ^ 24"Wx24"Dx30"H ^ 24"Wx24"Dx24"H Number of 2D pieces:. ~ibe~-I- ~~ Average size of 2D pieces: 1 ~.,k 1 a., Number of 3D pieces: Average size of 3D pieces: APPLICATION MATERIALS: - ~ Completed, signed Application ft Acknowledgements Form s-~ ® Biography of artist or informational statement regarding organization, no longer than one 8'/z x 11" page; ® A letter of intent, describing: a. Artist/Organization's vision for and/or theme of the proposed display; b. Number, dimensions, prices, and medium or media utilized in the works to be displayed; c. Any publicity that the Artist/Organization plans to undertake if selected; and/or d. Any atypical issues or challenges regarding hanging or display of the works proposed for display. ® Up to five digital images of work representational of the artist's/organization's work on a CD, resolution of 300 dpi at a minimum size of 5x7", in .jpg format. Please name each image file with artist's last name or organization name and the title of the work (e.g.: name.title.jpg). Materials submitted will not be returned. Damaged or non- compliant CDs and/or images will not be considered. Images will not be accepted via a-mail. ~ $35 gallery maintenance fee, check made payable to the Meridian Arts Commission. This fee is nonrefundable. DISPLAY INFORMATION: Initial Point Gallery is equipped with a track system for hanging two-dimensional artwork. Artwork displayed in the gallery will be hung from cables using hooks, and therefore must be equipped with one D ring on the back of the frame, or two D rings on the side rails on the back of the frame, as illustrated below. The D-rings should be approximately a quarter of the distance of the total frame height from the top of the frame in order to avoid slanting away from the wall. Wires, eyehooks, and clip frames may not be used for hanging, and are not allowed. Initial Point Gallery also provides four display cases, each with different dimensions, for displaying three-dimensional artwork. ~ ~-~ ,; ~{ ,._~_ ~. r°~- ~ ~ ~- r ~... ~` AC OWL ENTS: I, ,hereby acknowledge the following stipulations and agree that if this proposal is sel ted for display a Initial Point Gallery, such display shall occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shall be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge that: A. Before my work will be displayed in Initial Point Gallery, I will be required to enter into an Acceptance Agreement with the City of Meridian establishing the specific terms and conditions of the display of the particular works displayed. ~~, B. If my work is selected for display in Initial Point Gallery, the City of Meridian and its agents will exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but cannot and will not assume liability for any loss or damage. C. Any insurance of the artwork displayed in Initial Point Gallery shall be the sole responsibility of the ~ artist. The City of Meridian shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery. D. While artwork displayed in Initial Point Gallery may be passively offered for sale by means of an ~ informational table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in Initial Point Gallery may have a visible price tag. E. While it is intended that each exhibit in Initial Point Gallery will be displayed for aone- to two-month period, this period may be shortened by the City of Meridian for any reason, without notice to the artist or organization. !'1 "f` F. The City may display the work of more than one artist or organization in Initial Point Gallery at any time, at the City's sole discretion. G. Artwork submitted for display in Initial Point Gallery must be original works conceived and created by the artist (or by artist members of the organization} submitting this application. H. Meridian City Hall is primarily a place of public business and Initial Point Gallery is a public place. The City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable. To this end, only artists and artwork meeting the eligibility standards described in the Call for Artists and following the terms set forth in the Acceptance Agreement shall be displayed in Initial Point Gallery. I do acknowledge and understand each and all of the foregoing stipulations and do agree to these general terms and conditions. Signature: Print name:. G3-YiP_ Ma1~•t~t n Date: !t~-l ~~'~~ To propose an exhibition in Initial Point Gallery, please submit this form, completed in full, with the required materials and fee, via U.S. mail, to: Meridian Arts Commission Attn: Initial Point Gallery 33 East Broadway Avenue Meridian ID 83642 Thank you for your interest! Letter of Intent for Proposed Stained Glass Display I propose to display a series of my stained glass pieces which are based on quilt designs. The Theme: "Quilts of the 50 States" Each of the stained glass panels in this series has a design inspired by an historical anthology of patterns for quilt squares from the 50 states, first published by Hearth and Home magazine during the years 1907-1912. The patterns were submitted by quitters for this contest as examples to represent their home states, and one pattern was chosen and published from each state over alive-year period. Some of the patterns have come to be known by their state's name as a result of this publication, and the anthology includes a wide variety of quilt patterns, some simple and some complex. Number, Dimensions, Prices and Medium I propose to display approximately 24 of the panels in the 4 windows at the end of the gallery, with six in each window (three across in two rows). Nearly all of the panels are square and measure 12" x 12", or 13" x i 3° including the frame. There are 2-3 of- the designs that are hexagonal, and in the same size range. The stained glass panels are in a large variety of colors and include different processes r` in the making of the panels. The prices range from $210-235. The medium: stained glass, including sandblasted flashed glass. Flashed glass consists of a thin layer of a deep color of glass layered over a thicker layer of a pale color or clear glass. The top layer is sandblasted in some places to remove the thin top layer and to reveal the contrasting color beneath. The sandblasted pieces are kiln-fired to give a matte polish to the sandblasted areas, and then incorporated into the panel. Display Issues Since stained glass has the unique display requirement of needing to be illuminated from behind the work, the windows at the end of the gallery would provide a pertect display location. I propose to install tension rods across each of the windows so that there would be no alteration to the integrity of the windows in any way. The Stained glass panels would be hung from the rods with a series of short chains and hooks. Example of the way that stained glass panels would be hung in each of the four gallery windows: Edie Martin .,~~aro My work in the ancient medium of stained glass is mainly about light, most importantly transmitted light, and to a lesser degree, ' reflected light. It is the transmitted light that brings the work to life. I love that physical fact, and appreciate the metaphoric possibilities for light bringing life. The elements of line and color also draw me to stained glass work. ~;:~ . rs, ~` In some of my pieces I use the ancient technique of glass staining, or painting on glass with enamels. Besides using many kinds and textures of art glass in my work, at times I use flashed glass, which consists of a thin layer of a deep color layered over a thicker layer of a pale color. The top layer is sandblasted or etched in some places to remove part or all of the thin top layer and to reveal the contrasting color beneath. The sandblasted pieces are kiln-fired to give a matte polish to the sandblasted areas. Sandblasting and painting are two methods that allow me to subtract from and add to the glass in places where I need greater detail. '~` My art education is wide and varied, with the most relevant points being a BFA degree in Visual Art from Boise State University, classes at the Pilchuck Glass School, the Grunewald Guild, and local venues. I have participated in many workshops at trade shows and other places, with notable instructors: Peter McGrain, Newy Fagan, Pat Carson, Cappy Thompson, Philip Teefy, Caroline Kyle, Bob Markers, Richard Caemmerer, Joe Hester, and Judith Schaechter. I have participated in numerous art exhibitions, and have been honored with several awards. Stained glass had its beginnings as church decoration, and I have completed windows/window series in several churches and ecclesiastical institutions. These include Shepherd of the Valley Lutheran Church, Boise, ID, Covenant Presbyterian Church, Boise, ID, Southside United Methodist Church, Nampa, ID, First United Methodist church, Farmington, NM, and, the Fra Angelico Art Foundation, Chicago, IL. My custom work and other art is in numerous residences in the Boise Valley and elsewhere. My studio was organized as a business in 1987, and I have shown my work at Art in the Park and the Beaux Arts Societe Sale, both in Boise, ID, Homespun Gifts and Country Accent gift shops in Boise, ID, and Old Towne Antique Mall in ^~ Nampa, ID. Currently I am represented by the Art Source Galleries in Boise, ID, and the Gaia Gallery in Eagle, ID. Meridian City Council Meeting neTF• January 25. 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Acceptance Agreement for Display of Artwork of Sylvia Cohen in Initial Point Gallery, November 4 to December 2, 2011 MEETING NOTES ~~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS i ~~ ( c~ ~ 6 `"~ .._._ pr~q~no.1 -fa ~Shex-e.e- oi~.f "}O S ~ ea hem ~~ ~` e (~ 5 ~j ,., ~' " ACCEPTANCE AGREEMENT: ~ DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT ' GALLERY, MERIDIAN CITY HALL ("Agreement) is made on the day of 2011 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Sylvia Cohen, an individual person whose address is 4888 Wildrye Drive, Boise, Idaho ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, in response to the Call to Artists, Artist did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; WHEREAS, on November 4, 2010, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Artist's work for display based on the Proposal, and recommended to the Meridian City Council that Artist's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; WHEREAS, at its regular meeting on December 21, 2010, by the passage of Resolution no. 10-762, the Meridian City Council adopted such recommendation and directed the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on November 4, 201 1, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artist and the Gallery Curator, approximately thirty (30) photographs, which pieces shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on November 4, 2011 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from November 4, 2011 to December 2, 2011, in accordance with the terms of this i`~, Agreement; and shall be responsible for removal of such artwork on December 2, 2011, at 9:00 a.m., or at such time and date as is mutually agreed upon by the Artist and the Gallery Curator. ACCEPTANCE AGREEMENT PAGE 1 INITIAL POINT GALLERY DISPLAY /'~. A. No compensation. Artist shall display her w Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel transaction related to the sale of shall not facilitate in any way the sale of Artist s work; any artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork withintwenty-four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. II. COMPENSATION AND SALE OF ARTWORK. art ork in Initial Point Gallery at the pleasure of the III. TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto in Exhibit B, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. ACCEPTANCE AGREEMENT INITIAL POMT GALLERY DISPLAY PAGE 2 V. DIS_ A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, mazketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. .^~. E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI. INDEMNIFICATION WAIVER AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist, her servants, agents, employees, guests, and/or business invitees. ACCEPTANCE AGREEMENT PAGE 3 INITIAL POINT CiAI.LERY DISPLAY B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, ~'~ including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance is Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rightsoo Intere ts~ and/or of the Artist'slemployees or agents artwork; of the Artist's person, property, shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, andlor damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with any term or ,---. condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have twenty-four (24) hours after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. ACCEPTANCE AGREEMENT PAGE 4 INrPIAL POINT GALLERY DISPLAY VIII. GENERAL PROVISIONS. /"1, A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. ,-~ E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require her artistic talent or expertise. Artist may subcontract or assign obligations that do not require her artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE S Artist: '~`' Sylvia Cohen 4888 Wildrye Drive Boise, Idaho 83703 (208) 342-0853 photosbysylvia@cableone.net Gallery Curator: Dwight Williams Meridian Arts Commission 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 887-6473 dwight5332@q.com C Emily Kane, Deputy City Attorney City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 898-5506 ekane@meridiancity.org Any party may change its respective address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this rL~J day of ~V1 , 2011. ARTIST: ._ ~. Sylvia hen CITY OF MERIDIAN: BY: // Tammy de~ rd, Mayor Attest: Jaycee H ,City Clerk ~. TFO -, -. SEAL ~~ ,,~ ,9 O ~~~,• rrrrrrln-i n~~~~~' ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 6 Exhibit A r'! ,.-~ Meridian Commission Ca(I for Artists: 2011 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2011 Initial Point Gallery Series, a series of one-month exhibitions in Initial Point Gallery. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 120 feet of total wall space for hanging two- dimensional artwork, and four enclosed display cases for three-dimensional artwork. MAC requests that artists voluntarily donate to MAC 20% of proceeds from sales of art displayed in Initial Point Gallery. ELIGIBILITY: Two-dimensional works displayed in Initial Point Gallery must be comprised of professional-quality, ready-to-hang, original art; artwork on paper must be under glass or acrylic. Setectees must fill alt or half of the gallery. Three- dimensional works may be of any medium, but must fit within the four supplied display cases. No artwork will be displayed which: cannot be safety hung or displayed using the gallery's equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Each piece to be displayed will be evaluated for its compliance with these general requirements. Selectees will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees may reapply biennially. PROPOSAL REQUIREMENT: Artists or organizations wishing to display work in the 2011 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. • Completed, signed Application 8: Acknowledgements form; • Biography of the artist or informational statement regarding organization; -'"`~ Letter of intent; Five (5) digital images representational of the works proposed for display, on a CD (for organizations, each image must be of a different artist's work); and $35 gallery maintenance fee (nonrefundable). Details and forms are available at the City's website, http://www.meridiancity.org or upon request. Limited assistance producing digital images may be available upon request. Materials submitted cannot be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 29, 2010. SELECTION PROCESS: The selection of art for the 2011 Initial Point Gallery Series will be made by MAC. MAC will notify selectees by letter sent U.S. Mail. In evaluating eligible proposals, the following factors will be considered: Quality of work; • Appropriateness of subject and concept for a functioning government workplace; • Consistency with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources: Volunteers to assist artist/organization with installing and removing each piece of artwork; Track system for hanging 2D art, using wires that are attached to hooks; • Four enclosed pedestals for 3D art, each approximately 24 inches square; • Space for artist information and/or an information board; and • Publicity of the exhibit through City contacts, local media, and other informational forums. CONTACT MAC: By mail: Meridian Arts Commission Attn: 2011 Initial Point Gallery Series ''~`` 33 East Broadway Avenue Meridian ID 83642 By a-mail: mac@meridiancity.org Exhibit B ~"r To: Meridian Arts Commission My vision is to capture, display and sell images of nature that are pleasing, fun, and beautiful for all to enioy I am planning to exhibit 25 - 30 photos. Most of the photos will be printed on Ultra Premium Matt Photo Paper and then coated with a protective vinyl film. It has an ultra matte finish that softens the image while completely eliminating reflections and glare in the harshest duect light. This finish is protected with UV inhibitors to shield against the harmfiil effects of uhraviolet light. This durable fmish provides excellent protection against fingerprims, abrasion, moisture and dirt. The surface is easily cleaned with glass cleaner. The photos are framed with high quality wood frames, made by a professional framer. I will have on display four photos primed on Canvas -Gallery Wrapped Style. 2 -18" Wide by 19" High -Framed - Linen insert - $250.00 2 - l 6" Wide by 19" High -Framed - S 175.00 2 - 13" Wide by 16" High -Framed -Printed on canvas $225.00 3 - 12" Wide by 14" High -Framed - $89.00 - $110 6 -14" Wide by 17" High -Framed - $110.00 - $140.00 6 - I T' Wide by l4" High -Framed - $110.00 - $140.00 2 - 20" Wide by 16 High -Printed on Canvas Gallery Wrap - $195.00 2 -14" Wide by t 1 High -Printed on Canvas Gallery Wrap- $135.00 ~ I do plan to email, announce on my website and use Face book to invite people to the exhibit. There should be no problem or any issues hanging my photos as they will all have the D rings on the back. I am looking forward to displaying my photos in your Gallery if I am selected and hope to hear from you soon. Thank you for taking the time to look at my work. Regards, Sylvia Cohen Photos by Sylvia e~" i" ~ Meridian Commission Application br Acknowledgments: 2011 INITIAL POINT GALLERY SERIES ARTIST/ORGANIZER CONTACT INFORMATION: Check one: JAI am submitting this form as an individual artist. Artist/Org. Name: Organizer name: E-mail address: Mailing Address: Physical Address: Phone numbers: APPLICATION OVERVIEW: Check all that apply: Oa' I/we propose to fi!! one half of Initial Point Gallery with two-dimensional artwork. ^ I/we propose to fill the entire Initial Point Gallery with two-dimensional artwork. ^ I/we propose to fill these display cases with 3D artwork: O 24"Wx24"Dx42"H ^ 24"Wx24"Dx36"H ^ 24"Wx24"Dx30"H ^ 24"Wx24"Dx24"H Number of 2D pieces: ~5 ~;~~ Average size of 2D pieces: / y X t Number of 3D pieces: ~ Average size of 3D pieces: APPLICATION MATERIALS: t~ Completed, signed Application & Acknowledgements Form Biography of artist or informational statement regarding organization, no longer than one 8'/z x 11" page; A letter of intent, describing: a. Artist/Organization's vision for and/or theme of the proposed display; b. Number, dimensions, prices, and medium or media utilized in the works to be displayed; c. Any publicity that the Artist/Organization plans to undertake if selected; and/or d. Any atypical issues or challenges regarding hanging or display of the works proposed for display. '1~ Up to five digital images of work representational of the artist's/organization's work on a CD, resolution of 300 dpi at a minimum size of 5x7", in . jpg format. Please name each image file with artist's last name or organization name and the title of the wortk (e.g.: name.titte.jpg). Materials submitted will not be returned. Damaged or non- compliant CDs and/or images will not be considered. Images will not be accepted via a-mail. ~. $35 galiery maintenance fee, check made payable to the Meridian Arts Commission. This fee is nonrefundable. DISPLAY INFORMATION: Initial Point Gallery is equipped with a track system for hanging two-dimensional artwork. Artwork displayed in the gallery will be hung from cables using hooks, and therefore must be equipped with one D ring on the back of the frame, or two D rings on the side rails on the back of the frame, as illustrated below. The D-rings should be approximately a quarter of the distance of the total frame height from the top of the frame in order to avoid slanting away from the wall. Wires, eyehooks, and clip frames may not be used for hanging, and are not allowed. Initial Point Gallery also provides four display cases, each with different dimensions, for displaying three-dimensional artwork. 2' z~-s- 3'-6" ~~ s~ / ~ ~/ j ~ 3'-6- ~ 2'.6• ~ 2' ~ ~ ~ ~ ACKNOWLEDGMENTS: .^-. S ,hereby acknowledge the following stipulations and agree that if this proposal is select for display at Initial Point Gallery, such display shall occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shall be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge that: A. Before my work will be displayed in Initial Point Gallery, I will be required to enter into an Acceptance Agreement with the City of Meridian establishing the specific terms and conditions of the display of the particular works displayed. B. If my work is selected for display in Initial Point Gallery, the City of Meridian and its agents will " exerdse professional care in handling and securing all artwork displayed in Initial Point Gallery, but cannot and will not assume liability for any loss or damage. C. Any insurance of the artwork displayed in Initial Point Gallery shall be the sole responsibility of the artist. The City of Meridian shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery. D. While artwork displayed in Initial Point Gallery may be passively offered for sate by means of an ' ''41 informational table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in initial Point Gallery may have a visible price tag. E. While it is intended that each exhibit in Initial Point Gallery will be displayed for aone- to two-month period, this period may be shortened by the City of Meridian for any reason, without notice to the artist or organization. F. The City may display the work of more than one artist or organization in Initial Point Gallery at any time, at the City's sole discretion. G. Artwork submitted for display in initial Point Gallery must be original works conceived and created by the artist (or by artist members of the organization) submitting this application. H. Meridian City Halt is primarily a place of public business and Initial Point Gallery is a public place. The '" '" City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and com#ortable. To this end, only artists and artwork meeting the eligibility standards described in the Call for Artists and following the terms set forth in the Acceptance Agreement shall be displayed in Initial Point Gallery. 1 do acknowledge and understand each and all of the foregoing stipulations and do agree to these general terms and conditions. Signature: ~ / Print name: s y ~ v i ~~ ~~ Date: ~~ ~5 . oZ o t ~ To propose an exhibition in Initial Point Gallery, please submit this form, completed in full, with the required materials and fee, via U.S. mail, to: Meridian Arts Commission Attn: Initial Point Gallery 33 East Broadway Avenue Meridian ID 83642 Thank you for your interest! Sylvia Cohen - Pbotoa by Sylvia As a young adult, photography has always irnerestai me. While I enjoyed photographing evems and concerts nature related subjects has always been my passion. It was not until about 10 years ago a8er I retired from Hewlett-Packard that I became serious about photography. Before my retiremern from Hewld# Packard, Iwas aWorld-wide trainer on the features and functionality of the Color LaserJet which included getting the best photo output from the printer. I also taught classes in color management and how to enhance images in Photoshop. Even though I use Photoshop for my image editing software, I make minimal adjustments to my photos. After retiring from HP I bought my first digital camera (a pourt and shoot). This camera produced some amazing images. Since I love flowers it was my main focus. Now I ooncernrate on Nature (Flowers, Fruits and Vegetables and Scenery). My primary camera is a Canon ZOD, a SLR digital camera (Irnerchangeable lenses). Image quality is so important to me so I bought a top of the line photo printer. I am very well-known for my image quality and composition. Composition seems to come very nariually to me and I always like to capture the unique. My images are very crisp and colorful. Some people tell me that I bring out the personality of a flower. I've been selling my photos for about 7 years now, mainly at the Capital City Public Market and the Farmer's Market in Ketchum. My photos have reached households all over the World. These photos on display are printed on Ultra Premium Matte paper on an Epson 2200 arai laminated with a protective vinyl film. It has an ultra matte finish that softens the image while completely eliminating ~. reflections and glare in the harshest duect light. This finish is protected with UV inhibitors to shield against the harmful effects of ultraviolet light. This durable finish provides excellent protection against fingerprints, abrasion, moisture and dirt. The surface is easily cleaned with glass cleaner. Some ofthe photos on display here are printed on canvas. Even though my focus is nature, I still enjoy photographing entertainers and figure skaters... In 2010 I've been commissioned by two differern bands to photograph for their CD covers. I have also been commissioned to photograph dogs. Other products I sell are: Note Cards -single and boxed sets Note Pads Magnets I do special orders and can repair old photos digitally. You can contact me via my Website - Photosbysylvia.com E-mail - photosbysylvia(t~cableone.net Meridian City Council Meeting DATE: 25. 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Acceptance Agreement for Display of Artwork of Shirley Williams in Initial Point Gallery, June 17 to July 15, 2011 MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 1 a~ ~ o~~o ~ ~ ®r Ig1na~ ~ She~e - Cif' ~ ~ ~~II«s ~'~ ~-qe ~ ~`vI ACCEPTANCE AGREEMENT: ~ DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the ~G}"day of , 2011 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Shirley Williams, an individual person whose address is 25458 Deep Canyon Drive, Star, Idaho ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, in response to the Call to Artists, Artist did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; WHEREAS, on November 4, 2010, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Artist's work for display based on the Proposal, and recommended to the Meridian City Council that Artist's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; WHEREAS, at its regular meeting on December 21, 2010, by the passage of Resolution no. 10-762, the Meridian City Council adopted such recommendation and directed the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on June 17, 2011, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artist and the Gallery Curator, approximately fifteen (15) paintings, which pieces shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for installing such artwork on June 17, 2011 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from June 17, 2011 to July 15, 2011, in accordance with the terms of this Agreement; and ~ shall be responsible for removal of such artwork on July 15, 2011, at 9:00 a.m., or at such time and date as is mutually agreed upon by the Artist and the Gallery Curator. ACCEPTANCE AGREEMENT INTTIAL POINT GALLERY DISPLAY PAGE I ,,-~ II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display her artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III. TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, '~ and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto in Exhibit B, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 2 ,--~ V. DIS_ A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. ~` E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. _ _. VI. INDEMNIFICATION, WAIVER, AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, andlor elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and ~ all losses and expenses caused or incurred by Artist, her servants, agents, employees, guests, and/or business invitees. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 3 ~, B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance is Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person, property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with any term or ~ condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have twenty-four (24) hours after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically _ _. terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 4 ,.~ VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The~terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. '~ E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require her artistic talent or expertise. Artist may subcontract or assign obligations that do not require her artistic talent or expertise. All of the -. terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by ,-~ United States Mail, addressed as follows: ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 5 ~~~ ~, ~~ ti ~~ ~ c ~'' ~ . ~ ~~ ,~ .~ Artist: Shirley Williams 25458 Deep Canyon Drive Star, Idaho 83669 (208) 286-7110 shirley@shirleywilli s-- j artist. com Gallery Curator: Dwight Williams Meridian Arts Commission 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 887-6473 dwight5332@q. com C Emily Kane, Deputy City Attorney City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 898-5506 ekane@meridiancity. org Any party may change its respective address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. J. City Council approval required. T'he validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this ~~'' day of ?.~, , 2011. ARTIST: ~~ hirley Will' s CITY OF MERIDIAN: Tammy eerd, Mayor ;` ~,o~~TFO ~' ~~'-; Attest: = SEAL M aycee H an, City Clerk ~ 9~ r 1s~ ~'` ~Z` ,~ -9 ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 6 Exhibit A ~ Meridian Commission Call for Artists: 2011 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2011 Initial Point Gallery Series, a series of one-month exhibitions in Initial Point Gallery. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 120 feet of total wall space for hanging two- dimensional artwork, and four enclosed display cases for three-dimensional artwork. MAC requests that artists voluntarily donate to MAC 20% of proceeds from sales of art displayed in Initial Point Gallery. ELIGIBILITY: Two-dimensional works displayed in Initial Point Gallery-must be comprised of professional-quality, ready-to-hang, original art; artwork on paper must be under glass or acrylic. Selectees must fill all or half of the gallery. Three- dimensional works may be of any medium, but must fit within the four supplied display cases. No artwork will be displayed which: cannot be safely hung or displayed using the gallery's equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Each piece to be displayed will be evaluated for its compliance with these general requirements. Selectees will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees may reapply biennially. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2011 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. • Completed, signed Application & Acknowledgements form; Biography of the artist or informational statement regarding organization; ~ Letter of intent; Five (5) digital images representational of the works proposed for display, on a CD (for organizations, each image must be of a different artist's work); and • $35 gallery maintenance fee (nonrefundable). Details and forms are available at the City's website, http://www.meridiancity.org or upon request. Limited assistance producing digital images may be available upon request. Materials submitted cannot be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 29, 2010. SELECTION PROCESS: The selection of art for the 2011 Initial Point Gallery Series will be made by MAC. MAC will notify Selectees by letter sent U.S. Mail. In evaluating eligible proposals, the following factors will be considered: Quality of work; • Appropriateness of subject and concept for a functioning government workplace; • Consistenty with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian wilt provide selected artists/organizations with the following resources: • Volunteers to assist artist/organization with installing and removing each piece of artwork; • Track system for hanging 2D art, using wires that are attached to hooks; • Four enclosed pedestals for 3D art, each approximately 24 inches square; • Space for artist information and/or an information board; and • Publicity of the exhibit through City contacts, local media, and other informational forums. CONTACT MAC: By mail: Meridian Arts Commission ,-~ Attn: 2011 Initial Point Gallery Series 33 East Broadway Avenue Meridian ID 83642 By a-mail: mac@meridiancity.org Exhibit B /,."t r""~ Meridian Commission Application bt Acknowledgments: 2011 INITIAL POINT GALLERY SERIES ARTIST/ORGANIZER CONTACT INFORMATION: Check one: ^ I am submitting this farm as an individual artist. ^ i am submitting this form on behalf of an organization. Artist/Org. Name: Organizer name: E-mail address: Mailing Address: Physical Address: Phone numbers: APPLICATION OVERVIEW Check all that apply: ~we propose to fill one half of Initial Point Gallery with two-dimensional artwork. ^ 1/we propose to fill the entire Initial Point Gallery with two-dimensional artwork. ^ I/we propose to fill these display cases with 3D artwork: ^ 24"Wx24"Dx42"H ^ 24"Wx24"Dx36"H ^ 24"Wx24"Dx30"H 0124"Wx24"Dx24"H Number of 2D pieces: L5 Average size of 2D pieces: ~ S~C~.a. Number of 3D pieces: Average size of 3D pieces: APPLICATION MATERIALS: ^ Completed, signed Application ft Acknowledgements Form ^ Biography of artist or informational statement regarding organization, no longer than one 8'h x 11" page; ,.~-~.~7 A letter of intent, describing: , _~ a. Artist/Organization's vision for and/or theme of the proposed display; -- lfl~~ sc~~ --wC°b~-oR b. Number, dimensions, prices, and medium or media utilized in the works to be displayed; c. Any publicity that the Artist/Organization plans to undertake if selected; and/or d. Any atypical issues or challenges regarding hanging or display of the works proposed for display. ^ Up to five digital images of work representational of the artist's/organization's work on a CD, resolution of 300 dpi at a minimum size of 5x7", in . jpg format. Please name each image file with artist's last name or organization name and the title of the work (e.g.: name.title.jpg). Materials submitted will not be returned. Damaged or non- compliant GDs and/or images will not be considered. Images will not be accepted via a-mail. ^ $35 gallery maintenance fee, check made payable to the Meridian Arts Commission. This fee is nonrefundable. DISPLAY INFORMATION: Initial Point Gallery is equipped with a track system for hanging two-dimensional artwork. Artwork displayed in the gallery will be hung from cables using hooks, and therefore must be equipped with one D ring on the back of the frame, or two D rings on the side rails on the back of the frame, as illustrated below. The D-rings should be approximately a quarter of the distance of the total frame height from the top of the frame in order to avoid slanting away from the wall. Wires, egehooks, dnd clip frames may n~c ,t, be used for hanging, and are not allowed. Initial Point Gallery also provides four display cases, each with different dimensions, for displaying three-dimensional artwork. ~~y~~ 9~\~~ 5~~ a`~ ~ ~~~oR~ ~ a i- A-v-a- I ~- ~ ~ T4+~ ~, ~ti'rrfs b ~ ~~-~adt! s..Fn~c Day: ~.R~ 7110 Evening: "5 d-r111= Cell: 4 A l - 4~ a l ~,-,~ ACKNOWLEDGMENTS: I- ,hereby acknowledge the following stipulations and agree that if this proposal is selected for display at Initial Point Gallery, such display shall occur subject to these general terms and conditions, as welt as subject to other specific terms and conditions that shall be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge that: A. Before my work will be displayed in Initial Point Gallery, I will be required to enter into an Acceptance Agreement with the City of Meridian establishing the specific terms and conditions of the display of the particular works displayed. B. If my work is selected for display in Initial Point Gallery, the City of Meridian and its agents will exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but cannot and will not aswme liability for any loss or damage. C. Any insurance of the artwork displayed in Initial Point Gallery shat! be the sole responsibility of the artist. The City of Meridian shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery. D. While artwork displayed in Initial Point Gallery may be passively offered for sale by means of an informational table, board, or handout as provided or allowed by the City of Meridian i , no p ece displayed in initial Point Gallery may have a visible price tag. E. While it is intended that each exhibit in Initial Point Gallery wilt be displayed for aone- to two-month period, this period may be shortened by the City of Meridian for an y reason, without notice to the artist or organization. F. ~ The City may display the work of more than one artist or organization in Initial Point Gallery at any time, at the City's sole discretion. G. Artwork submitted for display in Initial Point Gallery must be original works conceived and created by the artist (or by artist members of the organization) submitti thi l k. ng s app ication. Meridian City Hall is primarily a lace of bli b ~ p pu c usiness and Initial Point Gallery is a public lace. The City seeks to encourage artistic expression and public dialogue, but must simultaneously en wre that City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable. To this end, only artists and artwork meeting the eligibility standards described in the Call for Artists and following the terms set forth in the Acceptance Agreement shalt be displayed in Initial Point Gallery. I do acknowledge and understand each and all of the foregoing stipulations and do agree to these general terms and conditions. r Signature: Print name: _ 7,~-/~? L-~l }~ 111 1 L~~} l1~ s Date: ~, q ~jh To propose an exhibition in_ I~itiat PointSallery, please submit this form, completed in full, with the required materials and fee, via U.S. mail, to: Meridian Arts Commission Attn: Initial Point Gallery 33 East Broadway Avenue Meridian ID 83642 Thank you for your interest! Meridian City Council Meeting DATE: January 25, 2011 ITEM NUMBER: 6 PROJECT NUMBER: ITEM TITLE: Items Moved From Consent Agenda MEETING NOTES N~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting nd-TE~ January 25, 201 ~ ITEM NUMBER: 7A PROJECT NUMBER: ITEM TITLE: Public Hearing: VAR 10-004 Fast Eddy's Ten Mile Station by Steve Eddy Located at 750 N. Ten Mile Road Request: Variance to UDC 11-4-3-39.C, Which Requires an Unenclosed Vehicle Washing Facility to be 100 Feet from a Residential Zoning District MEETING NOTES ~~~ CLERKS OFFICE FINAL ACTION ~ DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting noTF~ January 25, 2011 ITEM NUMBER: 7E PROJECT NUMBER: ITEM TITLE: Public Hearing: Adoption of 2009 International Building Code, 2009 International Energy Conservation Code, 2009 International Residential Code, and Amendments Thereto MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Emil Kane From: Bill Nary Sent: Friday, January 21, 2011 1:47 PM To: 'MDunham@IdahoAGC.org'; Joe Silva Cc: Emily Kane Subject: RE: City of Meridian Building & Fire Codes Thanks for the feedback, Mark. Bill Nary City Attorney/HR Director 33 E. Broadway Meridian, ID 83642 Legal - 208.898.5506 HR - 208.898.5503 Fax - 208.489.0480 Cell - 208.440.3881 -----Original Message----- From: MDunhamc~IdahoAGC.org [mailto:MDunhamQIdahoAGC.org] Sent: Friday, January 21, 2011 12:49 PM To: Joe Silva Cc: Bill Nary Subject: RE: City of Meridian Building & Fire Codes Joe, I did send this information out to my members, and most of them indicated they had no concerns at all. Below is a collection of the more specific comments I did receive: 2009 Fire Code DRAFT dated 12/14/10 1) Section E Addressing 104.10.2 - Fire Prevention Personnel and Police. This section gives the Fire Chief the powers of a police officer in performing their duties under this code. This probably won't extend to the building environment, but IFC doesn't extend these powers so directly. 2) Section F Addressing 105.1.1.1 - Fire Department Plan Review. This is struck out, taking away the provision that all building plans must be submitted to the Fire Chief or designee for review & compliance with the IFC. The document does not state who now has that review authority. If not the Fire Chief, then who? The Meridian Building Department? The State Fire Marshal? 3) Section N Addressing 903.3.7 - FDC location relationship to fire hydrant. This section requires an FDC located less than 100' from a hydrant. It would be helpful to have some some language that gives the Fire Chief some latitude here if they choose to take it. "...unless the location of the FDC is approved by the sole authority of the Fire Chief ." 2009 Building Code DRAFT dated 12/14/10 1) Section H addressing the size of elevator cars. This section, and the picture and text of Joe Silva's email to Mark Dunham is acceptable as proposed, but there will likely be a cost to building owners to implement this. It does increase the size of typical elevators for 2-story buildings, but it's also a good safety measure to be able to put a 2' x 7' stretcher on an elevator. Return of 80~ of the building permit fees at the Applicant's request. Interesting. I wonder if they can get ACRD, Boise or other nearby municipalities to follow their lead? 1 Thank you for the opportunity to comment. I really appreciated the chance. Mark Dunham AGC-Logo-2008-Web-Email Mark Dunham Executive Director 1649 Shoreline Dr, #100, Boise, ID 83702 Phone: (208) 344-2531 Fax: (208) 343-5321 Did you know?.....The Idaho AGC offers Employee Health Benefit Plans with very competitive rates to our members! Contact us today for a free quote. (208) 344-9755 IMPORTANT NOTICE: This communication, including any attachment, contains information that may be confidential or privileged, and is intended solely for the entity or individual to whom it is addressed. If you are not the intended recipient, you should delete this message and are hereby notified that any disclosure, copying, or distribution of this message is strictly prohibited. Nothing in this email, including any attachment, is intended to be a legally binding signature. From: Joe Silva [mailto:jsilva~meridiancity.org] Sent: Thursday, January 06, 2011 4:37 PM To: Mark Dunham Subject: City of Meridian Building & Fire Codes Mark Dunham Executive Director Idaho Associated General Contractors Mark Thank you for taking the time out of your busy schedule to discuss two important aspects 2 of the 2009 International Fire & Building Codes with me this afternoon. As we discussed the Meridian Fire Department is requesting a local amendment to upsize the elevator to enable us to move obese patients and patients which we are performing CPR on from the upper or lower floors of a building to the main floor. In addition, we intend to request that Appendix "J" of the Fire Code be adopted to enable us to incorporate an amplification system to strengthen radio signals into and out of steel and concrete structures. I have included electronic copies of the proposed adoption documents for you to share with your vertical construction stakeholders. I have included a picture to show that an elevator in a horizontal position will not fit into a small elevator car and also a diagram of a 35001b elevator to demonstrate how the stretcher does fit into the car. If your members have any questions, please feel free to have them contact me. Thanks again, Joe Joseph P. Silva Deputy Chief Fire Prevention Meridian Fire Department 208-888-1234 "Dedication, Loyalty, Tradition" CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE January 25, 2011 ITEM # PROJECT NUMBER 7B PROJECT NAME 2009 International Building Code PLEASE PRINT NAME FOR I AGAINST I NEUTRALI CITY OFC CITY CLER Meridian City Council Meeting DATE: January 25, 201 ~ ITEM NUMBER: 7C PROJECT NUMBER: ITEM TITLE: Ordinance No. ~~~,~~ :Adoption of 2009 International Building Code and Amendments Thereto; Adoption of 2009 International Energy Conservation Code and Amendments There#o; Adoption of 2009 International Residential Code and Amendments Thereto; Adoption of 2009 International Mechanical Code and Amendments Thereto; and Amending City Code Provisions Regarding Solid Fuel Heating Appliances, Penalties, Plumbing Permit Fees, Electrical Permit Fees, and Mechanical Permit Fees MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA 1"~ AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 10-1-1, REGARDING ADOPTION OF THE 2009 INTERNATIONAL BUILDING CODE, 2009 INTERNATIONAL ENERGY CONSERVATION CODE AND 2009 INTERNATIONAL RESIDENTIAL CODE; AMENDING MERIDIAN CITY CODE SECTION 10-1-3, REGARDING AMENDMENTS TO ADOPTED CODES; AMENDING MERIDIAN CITY CODE SECTION 10-1-5(E) AND 10-1- 5(F) REGARDING SOLID FUEL HEATING APPLIANCES; AMENDING MERIDIAN CITY CODE SECTION 10-1-8(A), REGARDING PENALTIES; AMENDING MERIDIAN CITY CODE SECTION 10-2-3(D), REGARDING PLUMBING PERMIT FEES; AMENDING MERIDIAN CITY CODE SECTION 10-3-4(A) AND 10-3-4(I), REGARDING ELECTRICAL PERMIT FEES; AMENDING MERIDIAN CITY CODE SECTION 10-5-1, REGARDING ADOPTION OF THE 2009 INTERNATIONAL MECHANICAL CODE AND INTERNATIONAL FUEL GAS CODES; AMENDING MERIDIAN CITY CODE, SECTION 10-5-3, REGARDING MECHANICAL PERMIT FEES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Idaho Code section 39-4116(4)(b), the City Council of the City of Meridian hereby finds that good cause exists for the following amendments to the 2009 International Building and Residential Codes, and that such amendments are reasonably necessary for the expedient administration of the codes and the protection of the public health, safety, and welfare; WHEREAS, pursuant to Idaho Code section 39-4116(4), 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 the 2009 International Codes; and WHEREAS, pursuant to Idaho Code section 39-4116(4)(b), a public hearing on the amendments was conducted on January 25, 2011 following publication of notice of the time and place thereof in the Valley Times on December 20 and 27, 2010 and provision of the proposed language of this ordinance to the entities identified in section 39-4109(5), as enumerated in Ezhibit A hereto, on December 15, 2010; BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Meridian City Code section 10-1-1 is amended as follows: 10-1-1: ADOPTION OF INTERNATIONAL BUILDING CODE, INTERNATIONAL ENERGY CONSERVATION CODE AND INTERNATIONAL RESIDENTIAL CODE: There is hereby adopted by the mayor and the city council, for the purposes of regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment use, height, area, and maintenance of all buildings or structures; providing for the issuance of permits, and collection of fees thereof; and providing for penalties for the violation thereof, certain building codes known as the International Building Code (hereinafter "IBC"l, International Residential ~. ADOPTION OF 2009 IBC, IRC, IECC; ELECTRICAL, PLUMBING, AND MECHANICAL CODE UPDATES PAGE 1 OF 8 '~ Code (hereinafter "IRC"), and International Energy Conservation Code (hereinafter "IECC"), published by the International Code Council, being particularly the 2AAH-2009 editions thereof and the whole thereof, and the same are hereby adopted and incorporated in full as if set forth at length herein, including all appendices thereto, save and except such portions as hereinafter deleted, modified or amended by section 10-1-3 of this chapter. From the date in which this chapter takes effect, the provisions thereof shall be controlling within the limits of the city. Section 2. That Meridian City Code section 10-1-3 is amended as follows: 10-1-3: AMENDMENTS TO ADOPTED CODE5: To the extent that any_provision of the IBC IRC or IECC conflicts with a provision of Idaho Code, the provision of Idaho Code shall prevail. Additionally. Tthe following amendments to the adopted codes shall apply: A. IBC Section 105.1 ' shall be amended with the addition of subsection 105.1.3, to provide as follows: 105.1.3 Permits Required For Prefabricated and Mobile Structures. No prefabricated structure, mobile home, or house trailer shall be installed, erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate permit for each building or structure has first been obtained from the building official. B. IBC Section 109. shall be amended to provide as follows: 109.2 ~8f~3-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 Hermit fees is required at the time the permit is issued. Permits shall not be issued until fees are paid. C. Anew section, Section 109.6.1, shall be added to the IBC to provide as follows: Permit fee refunds. Up to eighty percent X80%) of the permit fee paid maY,be refunded to the permit holder upon request. The Dermit 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 to be refunded in part or in whole after completion of plan review. D._ A new section, Section 109.6.2, shall be added to the IBC to provide as follows: Permit Transfer. A building_permit anted pursuant to this code may be transferred from one permit holder to a another permit holder upon written request by the current permit holder to 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. ADOPTION OF 2009 IBC, IRC, IECC; ELECTRICAL, PLUMBING, AND MECHANICAL CODE UPDATES PAGE 2 OF 8 '~` GE. IBC Section 312.1 ' shall be amended with the deletion of the requirement for agricultural buildings to comply with the international energy conservation code. _F A new section, Section 1805.3.1. shall be added to the IBC to provide as follows: 1805 31 Waterproofing Hydraulic Elevator Shaft Pits. Elevator shafts shall be designed to Drevent 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. DG. IBC Section 1807.1.4 shall be deleted, and replaced with language to provide as follows• 1807.1.4 4$9~4~ Wood footings or foundations. Regardless of the provisions of the international residential code, 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. H. IBC Section 3002.4 shall be amended to provide as follows: 3002.4 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, rg ade plane, at least one (1) elevator shall be provided for fire department emer ency 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. .~ EI. The appendices of the international building code shall be amended with the deletion of eppel~i~ A appendices A (employee qualification); C (agricultural buildings); and K (ICC electrical code). All other appendices shall be mandatory. E,~. The international residential code shall be amended with the deletion of parts VII (plumbingZand VIII (electrical), and appendix L (permit fees). GK. IRC Section R402.1 ' shall be amended to provide as follows: R402.1 Wood. Regardless of the provisions of the international building code, 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. I4L. IRC Section ~tw7s2 R302.6 ' shall be amended to provide as follows: 13 R302.6 Dwelling/garage fire seQaration. The garage shall be separated as required by Table R302.6. Openings in garage walls shall comply with Section R302.5. This,provision does not apply to garage walls that are perpendicular to the adjacent dwelling unit wall. Walls and ADOPTION of 2009 IBC, IRC, IECC; ELECTRICAL, PLUMBING, AND MECHANICAL CODE UPDATES PAGE 3 OF 8 ceiling of garages shall be covered with not less than 51$-inch (15.9 mm) type X gypsum board or equivalent. M. IRC Section R105.2 (1) shall be amended to include the following: R105.2(1) Work exempt from Hermit. *** l 1.One-story detached accessory structures used as tool and storage sheds, playhouses and similaz uses, shall not exceed a floor azea of one hundred twenty (120) squaze feet, and a maximum height of eight feet (8') measured to midpoint. Midpoint shall be defined from grade (ground level) to midpoint between the top of the wall and the peak of the finished roof. The detached accessory structure placement in reaz yazd setbacks or side yard setbacks must conform as specified by the Meridian Plannin~epartment. N. Anew section, Section R108.5.1, shall be added to the IRC to Hrovide as follows: R108.5.1 Permit fee refunds. Up to eighty percent (80%) of the permit fee paid may be refunded to the permit holder upon request. The hermit 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 to be refunded in part or in whole after completion of plan review. O. Anew section, Section R108.5.2, shall be added to the IRC to Hrovide as follows: R108.5.2 Permit Transfer. A building_permit granted pursuant to this code may be transferred from one permit holder to a another permit holder upon written reguest by the current permit holder ~ to 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. Section 3. That Meridian City Code section 10-1-5(E) and 10-1-5(F) are amended as follows: 10-1-5: SOLID FUEL HEATING APPLIANCES: *** E. Denial of Permit: 1. Upon a showing of sufficient cause to believe that grounds exist for the denial of a permit, the ~ bail~eete~ building official or his designee may deny said permit by sending a written notice containing the grounds for said denial and the applicant's appeal rights to the city council. Such written notice shall be mailed regular first class postage. 2. Failure of a person to actually receive a notice sent shall not invalidate the denial. 3. The applicant, upon receiving notice of the denial, may appeal said denial by filing a written application with the city clerk for a hearing before the city council. Such written appeal must be filed with the city clerk within fifteen (15) days of the issuance date of the notice of denial. F. Denial Hearing and Determination By Board: At any hearing before the city council pursuant to this section applicant may present evidence, call witnesses and be represented by counsel. Within fifteen (15) working days after the date of the heazing,the city council shall, after making appropriate findings, either: 1. Uphold the denial by the building wester official or his designee, or 2. Allow the issuance of the permit. ADOPTION OF 2009 IBC, IRC, IECC; ELECTRICAL, PLUMBING, AND MECHANICAL CODE UPDATES PAGE 4 OF 8 ,,".~ Section 4. That Meridian City Code section 10-1-8(A) is amended as follows: 10-1-8: PENALTIES: A. Misdemeanor; Penalty Imposed: A violation of this chapter is hereby declared to be a misdemeanor and any person who violates any of the provisions of this chapter or of the international building code, international residential code, and international energy conservation code, as adopted and amended herein or fails to comply herewith, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or fails to comply with such an order as affirmed or modified by the *'^~ "' ^F the international building code or by a court board of appeals as provided for under 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. Section 5. That the Plumbing Code, specifically Meridian City Code section 10-2-4(E), is amended as follows: 10-2-3: PERMIT REQUIRED; APPLICATION; ISSUANCE: ~'~ *** D. Permit and Inspection Fees: Fees for permits and inspections shall be fixed by the city council by resolution. 1 Payment due uuon issuance Payment for all permit tunes is required at the time the permit is issued Permits shall not be issued until fees are paid. 2 Permit fee refunds Un to eighty percent (80%) of the Hermit fee paid may be refunded to the permit holder upon request The Hermit holder shall request such refund In_wnUnQ to the Pubhc Works Director or desi ee no later than one hundred el~llty (180) days followmt; the date of germit issuance Plan review fees shall not to be refunded In part or In whole after complerion of plan review. 3 Permit Transfer A permit rg, anted pursuant to this chapter may be transferred from one permit holder to a another permit holder upon written request by the current nermlt holder to the Publlc Works Director or designee Expired permits may not be transferred No penrrllt transfer may be made without written approval of the Public Works Director or deslellee• If transfer Is attempted without written approval of the Public Works Director or designee such perlnlt shall be deemed void. Section 6. That a new section of the Electrical Code, Meridian City Code section 10-3-4(I), shall be enacted as follows: 10-3-4: 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 .-~ ADOPTION OF 2009 IBC, IRC, IECC; ELECTRICAL, PLUMBING, AND MECHANICAL CODE UPDATES PAGE 5 OF 8 ''r` 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. ~eet.~I-alb-.apprevt~ Permits shall be re uired for an t e of electrical work includin emer enc re airs and other maintenance or re air work as well as new installations. *** I. 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 aid. 2 Permit fee refunds Up to eitihty percent (80%) of the Hermit fee paid maybe refunded to the permit holder upon request The permit holder shall request such refund m wntinQ to the Public Works Director or designee no later than one hundred eIg_hty (1801 days followm the date of permit issuance Plan review fees shall not to be refunded in part or m whole after completion of plan review. 3 Permit Transfer A permit granted pursuant to this chapter may be transferred from one permit holder to a another permit holder upon written request by the current permit holder to the Publlc -Works Director or designee Expired permits may not be transferred No permlt transfer may be made without written approval of the Public Works Director or designee• If transfer is attempted without written approval of the Public Works Director or designee, such permit shall be deemed void. /"\ Section 7. That the Mechanical Code, Meridian City Code section 10-5-1, shall be amended as follows: 10-5-1: CODES ADOPTED: That certain document, being marked and designated as the 2009 international mechanical code and 2009 international fuel gas code as published by the International Code Council, be and is hereby adopted as the code of the city for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of heating, ventilating, cooling, refrigeration systems, incinerators, or other miscellaneous heat producing appliances within buildings in the city which code provides for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, conditions and terms of such international mechanical code, X983 2009 edition, published by the International Code Council, on file in the city clerk's office, are hereby referred to, adopted and made a part hereof as if fully set out in this chapter. Section 8. That the Mechanical Code, Meridian City Code section 10-5-3, shall be amended as follows: 10-5-3: PERMIT FEES: PENALTY: A Permit and Inspection Fees• Fees for permits and inspections shall be fixed by the city council by resolution. .~ ADOPTION OF 2009 IBC, IRC, IECC; ELECTRICAL, PLUMBING, AND MECHANICAL CODE UPDATES PAGE 6 OF 8 1. 1 M a..v..~ ~~-- - - issued Permits shall not be issued until fees Qe pal . ermit holder u on re nest. iiiG ci„u~..v..,... ~..~-- __ __ _ _ _ Works Director or desi nee no later than one hundred ~i htn 180nd p whole aft r comnl tio~ plan review. 3. Permit Transfer. A ernut ranted ursuant to this cha ter ma be transferred from one ern holder to a another ermit holder u on written re uest b the current ermit holder to the Public Works Director or desi nee. Ex fired ermits ma not be transferred. No ermit transfer ma be made without written approval of the Public Works Director or desienee; if transfer is attemyted without written a royal of the Public Works Director or desl nee such ermit shall be deemed void. B. Penalty Any person violating the provisions of this chapter shall be deemed guilty of a misdemeanor. Section 9. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 10. That this ordinance shall be effective immediately upon its passage and publication. ,~-h~ PASSED by the City Council of the City of Meridian, Idaho, this 25th day of January, 2011. APPROVED by the Mayor of the City of Meridian, Idaho, this 25th day of January, 2011. APPROVED: ~~~~~'"" ftut} eerd, Mayor ATTEST: `~~.•``~,~ O~ R! '~'~~. .~'~ y ~': _ ~ ~Fo Jaycee lman, City Clerk =_ gj;AL ~' ~~ ,~M 0 :,,~,'~ ~sr ts~ , oP~``,,,, q ~~''~~ cOUNT'~ ~ ` .~`~~ //~rrllrrr n rr rlr~~~~~ ~""r. ADOPTION OF 2009 IBC, IRC, IECC; ELECTRICAL, PLUMBING, AND MECHANICAL CODE UPDATES PAGE 7 OF 8 ^~. NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO.11- I ~ ~. PROVIDING FOR AN AMENDMENT OF THE MERIDIAN CITY BUILDING, PLUMBING, AND ELECTRICAL CODES AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 10-1-1, REGARDING ADOPTION OF THE 2009 INTERNATIONAL BUILDING CODE, 2009 INTERNATIONAL ENERGY CONSERVATION CODE AND 2009 INTERNATIONAL RESIDENTIAL CODE; AMENDING MERIDIAN CITY CODE SECTION 10-1-3, REGARDING AMENDMENTS TO ADOPTED CODES; AMENDING MERIDIAN CITY CODE SECTION 10-1-5(E) AND 10-1- 5(F) REGARDING SOLID FUEL HEATING APPLIANCES; AMENDING MERIDIAN CITY CODE SECTION 10-1-8(A), REGARDING PENALTIES; AMENDING MERIDIAN CITY CODE SECTION 10-2-3(D), REGARDING PLUMBING PERMIT FEES; AMENDING MERIDIAN CITY CODE SECTION 10-3-4(A) AND 10-3-4(I), REGARDING ELECTRICAL PERMIT FEES; AMENDING MERIDIAN CITY CODE SECTION 10-5-1, REGARDING ADOPTION OF THE 2009 INTERNATIONAL MECHANICAL CODE AND INTERNATIONAL FUEL GAS COD a~0~[~~G MERIDIAN CITY CODE, SECTION 10-5-3, REGARDING MECHANI ~R~I>~<< ~ . *S; AND PROVIDING AN EFFECTIVE DATE. +l Qoconx- ; ; ,~.,. J ~ ~. Mayor and City Council `~y'i rte, ~~~`' ,; By: Jaycee Holman, City Clerk ~ Q'~~ S r' ~ `~ ~r~~„` ;; ,, • ,.: First Reading: Jct,rt 2 S o l ~,~~ `~ .. '- ~ r -~ , Adopted after first reading by suspension of t~fie'Rille as allowed pursuant to Idaho Code § 50-902: YES~_ NO - Second Reading: ~- Third Reading: l STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO.11- ~ y~ a 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. 11-~ 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 ~ day of , 2011. ~, William. L.M. Nary City Attorney ADOPTION OF 2009 IBC, IRC, IECC; ELECTRICAL, PLUbISUVG, AND MECHANICAL CODE UPDATES PAGE 8 OF 8 Meridian City Council Meeting DATE: January 25, 2011 ITEM NUMBER: 7D PROJECT NUMBER: ITEM TITLE: Public Hearing: Adoption of 2009 International Fire Code and Amendments Thereto MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the ordinances of the City of Meridian and the laws of the State of Idaho, including Idaho Code section 39-4116(4)(b), that the City Council of the City of Meridian will hold a public hearing at 7:00 p.m. on Tuesday, January 25, 2011, at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, regarding the adoption of the 2009 International Building, Energy Conservation, Residential, Mechanical, and Fire Codes, and respective amendments thereto. Further information and copies of the draft ordinances are available at the Building Services Division of the Public Works Department, at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, (208) 898-5500. Any and all interested persons shall be heard at the public hearing. Written testimony is allowed; written materials should be submitted to the City Clerk no later than 48 hours prior to the public hearing. All testimony and materials presented shall become property of the City of Meridian. For auditory, visual, or language accommodations, please contact the City Clerk's Office at (208) 888-4433 at least 48 hours prior to the public hearing. DATED this 15th day of December, 2010. „'~ ~ .~ ` `~ ~, , t~~~~ ~ ~ _,., c.. JA E L N, I ~ ~~ a~ PUBLISH on December 20, 2010. ~':, q~L r '.~ ; uacr,~a~ ~~.. ,~~5. ih . a....`...... . CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE January 25, 2011 ITEM # 7D PROJECT NUMBER PROJECT NAME 2009 International Fire Code PLEASE PRINT NAME FOR AGAINST NEUTRAL r JAN ~ 5 2011 CITY OF a ~~~„e rrrv CLERKS OFFICE Meridian City Council Meeting DATE: January 25, 2011 ITEM NUMBER: 7E PROJECT NUMBER: ITEM TITLE: Ordinance No. , l J ~ "1~~ :Adoption of 2009 International Fire Code and Amendments Thereto MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~. CITY OF MERIDIAN ORDINANCE NO. ~ ~ - i ~~ 3 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE AMENDING TITLE 10, CHAPTER 4, OF THE MERIDIAN CITY CODE REGARDING ADOPTION OF THE 2009 INTERNATIONAL FIRE CODE; AMENDMENTS TO THE 2009 INTERNATIONAL FIRE CODE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the International Code Council has published a 2009 edition of the International Fire Code; WHEREAS, the City Council of the City of Meridian hereby finds that good cause exists for the following amendments to the International Fire Code, 2009 edition, and that such amendments are reasonably necessary for the expedient administration of the IFC and the protection of the public health, safety, and welfaze; 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 the 2009 International Fire Code; and WHEREAS, a public hearing on the following amendments was conducted on Januazy 25, 2011 following publication of notice of the time and place thereof in the Valley Times on December ~ 20 and 27, 2010 and provision of the proposed language of this ordinance to the entities identified in section 39-4109(5), as enumerated in Exhibit A hereto, on December 15, 2010; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 10, Chapter 4, of the Meridian City Code is amended as follows: Chapter 4 FIRE CODE 10-4-1: INTERNATIONAL FIItE 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 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. 2009 edition published by the International Code Council, Inc., A'tc ~:c ~ , ~'r ~~r 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. 2009 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 ^ a~ ~~~* f Ta ~ CrrY OF MERIDIAN INTERNATIONAL FIRE CODE AMENDMENT - 2009 IFC EDTI'ION PAGE 1 OF 9 10-4-2: AMENDMENTS TO THE INTERNATIONAL FIRE CODE: To the extent that an rovision of the International Fire Code 2009 edition hereinafter "IFC" conflicts with a provision of Idaho Code the provision of Idaho Code shall prevail Additionalys Tthe following amendments to the " ,IFC shall apply: A. IFC section 103.2 ~ein~enl 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 of the fire chief, the deputy chief/fire prevention or designee shall be the code official. B. 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. C. IFC section 104.16eneeal 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 chiefs direction, the fire department is authorized to enforce all ordinances of the city of Meridian pertaining to: a. The prevention of fires; b. The suppression or extinguishment of dangerous or hazardous fires; 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. D. A new section shall be added to the provisions of the IFC as follows: Section 104.6.3 Records retention. The fire department shall retain for not less than five (5) years a record of each investigation made showing the cause, the findings and disposition of each investigation. ~ E. A new section shall be added to the provisions of the IFC as follows: CrrY OF MERmIAN INTERNATIONAL FIRE CODE AMENDMENT - 2009 IFC EDITION PACE 2 OF 9 ,--~ Section 104.10.2 Fire Prevention Personnel and Police. The fire chief and fire prevention personnel shall have the powers of a police officer in performing their duties under this code. When requested to do so by the fire chief, the chief of police is 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. an3em#ed: &F. A new section shall be added to the provisions of the IFC as follows: Section ~n~ 10_ 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. I4G. IFC section 109.3 ~ielc~ieR-geealties shall be amended to read as follows: Section 109.3 Violation Penalties. 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 dollazs 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. IH. IFC section 111.4 ~'°~~•-~~ '~'-- r' n}~ shall be amended to read as follows: 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. I. IFC section 113.5 shall be amended to read as follows: 113.5 Permit fee refunds. U to ei ht ercent 80% of the ermit fee aid ma be refunded to the ermit holder uuon reauest The Hermit holder shall request such refund in writin to the Public Works Director or desl nee no later than one hundred ei ht 180 da s followin the date of permit issuance Plan review fees shall not to be refunded in part or in whole after completion of plan review. J. A new section shall be added to the provisions of the IFC as follows 113.6 Permit transfer. A ermit ranted ursuant to this code ma be transferred from one ermit holder to a another Hermit holder upon written reauest by the current permit holder to the Public Works Director or desl ee. Ex fired ermits ma not be transferred. No ermit transfer ma be /'~ made without written a royal of the Public Works Director or desi ee• if transfer is attem ted CI'ty OF MERIDIAN INTERNATIONAL FIItE CODE AMENDMENT - 2009 IFC EDITION PAGE 3 OF 9 void. HK. 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 see~ierl-~3:q-~ the 28Ab ,International Building Code 2009 edition] may be brought onto the site. Failure to comply with this provision wlll result in a stop work order which shall be effective until all necessary fire hydrants are installed and operational. L. A new section shall be added to the rovisions of the IFC as follows: Section 505.1.1 Address Numbers. Address numbers shall have a minimum stroke width of one-half inch 0.5" and of a color contrastin with the background The required height of each address number shall be calculated b the distance of the addressed bulldin from the road as follows: where the buildin is less than one hundred feet 100' from the road the hei ht 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 heI ht of each address number shall be at least ei ht inches 8" in hei ht• where _ the buildin is one hundred fift -one feet to two hundred feet 150-200' from the road the hei ht of each address number shall be ten inches 10" in hei ht• where the buildin is two hundred one feet to two hundred fift -one feet 201-251' from the road the hei ht of each address number shall be twelve inches 12" in hei ht. ISM. IFC section 901.6.2 Reee~~hall be amended to read as follows: ~ Records. Records of all required system inspections, test and maintenance shall be maintained on the premises for a minimum of three (3) years. Any person undertaking such system inspections, tests, and/or maintenance shall deliver a copy of such records to the fire chief. IAN. IFC section 903.3.7 ~r~ n~--~-?--- + r r shall be amended to read as follows: Fire Department Connections The location of the fire department connection shall be within one hundred feet (100') of a fire hydrant. 1144. 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. 1~1P. A new section shall be added to the provisions of the IFC as follows: Section 9~ 903,4,2_1 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 131ocated 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 alazm system. A4. IFC section 903.4.3 shall be amended to read as follows: 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. CITY OF MERIDIAN INTERNATIONAL FIRE CODE AMENDMENT - 2009 IFC EDITION PAGE 4 OF 9 ~ 1?R. 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. ~S. IFC section 906.1 mete-I~eq~i~red shall be amended to read as follows: Where Required. Portable fire extinguishers shall be installed in the following locations: 1. In all group A, B, E, F, H, I, M, R-1, R-2, R-4 and S occupancies, without exception. 2. Within 30 feet (9.144 mm) of commercial cooking equipment. 3. In areas where flammable or combustible liquids are stored, used or dispensed. 4.On each floor of structures under construction, except group R-3 occupancies, in accordance with section 1415.1. 5. Where required by the sections indicated in table 906.1. 6. Special-hazard areas, including but not limited to laboratories, computer rooms and generator rooms, where required by the fire code official. b ~~ ,~1~ T. IFC section 907.1.2 shall be amended to read as follows: 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: 1. A floor elan that indicates the use of all rooms 2. Locations of alarm-initiating devices 3. Locations of alarm notification a fiances includin candela ratin s 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. Volta a dro calculations. 10. Manufacturers' data sheets indicative model numbers and listing information for equipment ~.,~ devices and materials. 1.1. Details of ceiling height and construction CITY OF MERIDIAN INTERNATIONAL FIRE CODE AMENDMENT - 2009 IFC EDI770N PAGE 5 OF 9 ~,.~ 12. The interface of fire safet control functions. 13. Classification of the su ervisin station. 14. Fire alarm drawin s shall be stand alone and drawn to ~/ "scale. 15. Declaration of occunancv classification(s). 1~II. A new section shall be added to the provisions of the IFC as follows: Section X907,1,4 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. SV. A new section shall be added to the provisions of the IFC as follows: Section 9~4-907.1.5 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. • , 13W. IFC section 3404.2.13.1.3 shall be amended to read as follows: Underground Tanks Out Of Service For One Year Underground tanks that have been out of r''~ service for a penod of one (1) year shall be removed from the ground in accordance with section 3404.2.14 or abandoned in place in accordance with section 3404.2.13.1.4. Upon approval of the fire chief, underground tanks that comply with the performance standards for new or upgraded underground tanks set forth in title 40, section 280.20 or 280.21, of the code of federal regulations may remain out of service indefinitely so long as they remain in compliance with the operation, maintenance and release detection requirements of the federal rules. _ , ~~+„ ,..tile .,..t, r ~.• r ~Y ~KX. IFC Chapter 45 Referenced Standards shall be amended as follows: Where National Fire Protection Association standards are referenced, including, but not limited to, NFPA standards 13, 13R, 13D, and 72, such provisions shall refer to the 2.997 2010 editions of the National Fire Protection Association standards. CITY GF MERIDIAN INTERNATIONAL FIRE CODE AMENDMENT - 2009 IFC EDrTION PAGE 6 OF 9 ~. f~~: .• n~ni ~ Y. Appendices mandatory. All appendices including Appendix A Appendix B Appendix C Appendix D Appendix E Appendix F Appendix G Appendix H Appendix I and Appendix J shall be mandatory with these amendments 1. IFC section A101.2.1 shall read as follows: Design professional One member should be a practicing design professional registered in the rp aclice of engineenng or architecture m the state of Idaho 2. IFC section A101.2.2 shall read as follows: Fire protection engineering professional One member should be a qualified engineer technolo ist technician or safet rofessional trained in fire rotection en ineerin fire science or fire technolo includin fire rotection contractors and certified technicians engaged in fire protection system design 3. IFC section A101.2.3 shall read as follows: Industrial safet rofessional. One member should be a re istered industrial or chemical engineer, certified hygienist certified safety professional certified hazardous materials mans er or com arabl uahfied s eciahst ex erienced in chemical rocess safet or industrial ~ safety 4. IFC section A101.2.4 shall read as follows: General contractor. One member should be a contractor re Marl en a ed in the construction alteration maintenance re air or remodelin of buildin s or buildin services and systems re Mated by the code 5. IFC section A101.2.5 shall read as follows: General industry or business representative One member should be a representative of business or industry not represented from one of the other categories of board members descnbed above. 6. ~. An introduction shall be added to IFC section B105 ~~-° moo;-rz eya;r-~,,,~„~,~ °''"" '' ~ ' to read as follows: Fire-Flow Requirements For Buildings Only non combustible construction, as such term is defined in the ,International Building Code 2009 edition sections 703.4, 703.4.1, 703.4.2, will be allowed until the full fire flow is available as required by appendix B 105 and fire hydrants are located and distributed pfe~ide~i-per as required by appendix C=tea° ~-~ , 7 ~. IFC section D107.1 One- Or Two-Family Dwelling Residential Developments shall be amended to read as follows: Developments of one- or two-family dwellings where the number of dwelling units exceeds fifty (50) shall be provided with two separate and approved ~. fire apparatus access roads, and shall meet the requirements of section D 104.3. Exceptions: CITY OF MERIDIAN INTERNATIONAL FIRE CODE AMENDMENT - 2009 IFC EDl'rION PAGE 7 OF 9 ~ 1. Where there are more than 50 dwelling units on a single public or private apparatus access road and all dwelling units are volu_ ntaril~ equipped throughout with approved automatic sprinkler systems, in accordance with sections 903.3.1.1, 903.3.1.2 e~-9n~~~-'~~, access from two directions shall not be required. 2. The number of dwelling units on a single fire apparatus access road shall not be increased unless fire apparatus access roads will connect with future development, as determined by the fire code official. ~#~-~~aht Lin ~ --- -a- ~ --..~ .~~...~er,-ac~3; 10-4-3: SEVERABILITY: The provisions of this chapter shall be deemed severable and a finding by a court of law that a provision of this chapter is unlawful shall have no effect on the remaining provisions. Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 3. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this 25th day of January, 2011. APPROVED by the Mayor of the City of Meridian, Idaho, this 25th day of January, 2011. APPROVED: O; eerd ATTEST: ~~.~`~~()` ~~',''',% o City Clerk ~ o~ ~+ ~ ~'% 9~,9 UST t gS .1 `~`. CITY OF MERIDIAN INTERNATIONAL FIRE CODE AMENDMENT - 2009 IFC EDITION PAGE 8 OF 9 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO.11- -`3 PROVIDING FOR AN AMENDMENT OF THE MERIDIAN CITY FIRE CODE r"~, An ordinance of the City of Meridian amending Title 10, Chapter 4, of the Meridian City Code regarding adoption of the 2009 International~F,~~_ Code; amendments to the 2009 International Fire Code; providing a severability clause;.~o~'' effective date. The full text of this ordinance is available for inspection at City I~a~I~rcaf~Merfd~a .33 East Broadway, Meridian, Idaho. This ordinance shall become effective~ur9o~i ate-,o~~~~aa`~,.,~~;w~:,...~____ y er ,. .. . ,y First Reading: oZ S`=;= ~~ ~ ~ Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code § 50-902: YES_ x NO ~----- Second Reading: ----- Third Reading: - r 4. l <`.ei t` ~! R *. City Me di ~~. - - a ... , . Mayor and Council ts, ~ ~ `' 4.~;v ~' ~ By: Jaycee Holman Cit Cl k STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO.11- ~_ 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. 11- (!-~~ 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 ~ day of '~ _ 2011. 1, .~ William. L.M. Nary City Attorney s-'~ CITY OF MERIDIAN INTERNATIONAL FIRE CODE AMENDMENT - 2009 IFC EDITION PAGE 9 OF 9 Meridian City Council Meeting DATE: January 25, 2011 ITEM NUMBER: $B PROJECT NUMBER: ITEM TITLE: Mayor's Office: City Scholarship Program Update MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE:.lanuary 25, 201 ~ ITEM NUMBER: $C PROJECT NUMBER: ITEM TITLE: .Legal Department: Discussion Regarding Proposed Amendments to Title 2, Meridian City Code, Regarding Traffic Safety Commission Membership and Meeting Location; and Planning and Zoning Commission Meeting Location MEETING NOTES CLERKS OFFICE FINAL ACTON DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 25, 2011 ITEM NUMBER: $~ PROJECT NUMBER: ITEM TITLE: Legal Department: Ordinance No. ~~ :Amendments to Title 2, Meridian City Code, Regarding Traffic Safety Commission Membership and Meeting Location; and Planning and Zoning Commission Meeting Location MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN ORDINANCE NO. 1 ~ I ~~ BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 2-3-3, REGARDING MEMBERSHIP ON THE TRAFFIC SAFETY COMMISSION; AMENDING MERIDIAN CITY CODE SECTION 2-3-5, REGARDING MEETINGS OF THE TRAFFIC SAFETY COMMISSION; AMENDING MERIDIAN CITY CODE SECTION 2-4-3, REGARDING MEETINGS OF THE PLANNING AND ZONING COMMISSION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian finds that the objectives of the traffic safety commission, as set forth in Meridian City Code, would best be served by a membership that includes ten individuals to represent diverse aspects of the community as enumerated below; and WHEREAS, the Traffic Safety Commission and Planning and Zoning Commission now meet in Meridian City Hall, located at 33 East Broadway Avenue, Meridian, Idaho; BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: .~ Section 1. That Meridian City Code section 2-3-3 is amended as follows: A. Membership: 1. The traffic safety commission shall consist of up to ~r~e-E9~) ten 10 members. 2. Members of the traffic safety commission shall be appointed by the mayor and approved by the city council on a vote of a majority of the city council members, and traffic safety commission members may, in like manner, be removed. 3. All members of the traffic safety commission and the officers thereof shall serve without salary or compensation. The city shall provide the necessary and suitable equipment and supplies to enable the traffic safety commissionto properly transact and attend to its business. The budget for traffic safety commission equipment and supplies shall be provided for through the Meridian police department budget. B. Qualifications: Members of the traffic safety commission shall be selected from the following groups: one Joint School District 2 administrator or designee; one city staff member specializing in transportation issues; one Ada County highway district (ACHD) representative; one Meridian police department representative; the city attorney or designee; and four (4) Meridian citizens. The four (4) Meridian citizens should, if possible, represent different areas of Meridian: Old Town, northwest Meridian (from west of Meridian Road to Black Cat Road and north of the interstate to Chinden Boulevard, excluding Old Town), northeast Meridian (from east of Meridian Road to Eagle Road and north of the interstate to Chinden Boulevard, excluding Old Town), and south Meridian (from south of Interstate 84~ 9ne-p ;and one individual designated to represent youth, which commission member maybe, at the time of appointment, under eighteen (18) years of age. TITLE 2 CODEUPDATE PAGE 1 OF 4 '~ C. Terms: Each traffic safety commissioner shall serve a term of three (3) years, provided that the youth member shall be appointed to a term of one year, from September 1 through August 31. Commissioners wishing to serve additional terms must submit a letter of interest thirty (30) days prior to the term's expiration. Reappointments shall be made at the discretion of the mayor, with confirmation by the city council. D. Vacancies: Vacancies shall be filled in the same manner as original appointments and the appointee shall serve for the remainder of the unexpired term. Section 2. That Meridian City Code section 2-3-5 is amended as follows: 2-3-5: MEETINGS: The Traffic Safety Commission shall convene regular meetings at , Meridian City Hall. 33 East Broadway Avenue, Meridian, Idaho, each month at three forty five o'clock (3:45) p.m. on the third Tuesday of each month unless, at the first meeting of each calendar year, the commission shall establish a meeting schedule for the calendar year in which event the published schedule shall apply. All meetings of the commission shall be open to the public, and shall follow the requirements of Idaho's open meeting laws. The commission shall allow and promote public participation in the meetings of the commission. Additional meetings of the commission maybe scheduled by the commission as necessary to carry out the business of the commission. Section 3. That Meridian City Code section 2-4-3 is amended as follows: 2-4-3: RULES, RECORDS, AND MEETINGS: A. Adoption of bylaws: Written organization papers or bylaws consistent with this code and other laws of the state for the transaction of business of the commission maybe adopted. B. Records: A record of meetings, hearings, resolutions, studies, findings, permits and actions taken shall be maintained. C. Meetings: The regular meetings of the planning and zoning commission of the city shall be held at ,Meridian City Hall, 33 East Broadway, Avenue, Meridian, Idaho, on the first and third Thursday of each month at seven o'clock (7:00) p.m. of said days. If the said first or third Thursday of any month is a holiday, the meeting shall not be held on that Thursday but shall beheld the following Thursday at the same hour and place. All meetings and records shall be open to the public. A majority of the voting members of the commission shall constitute a quorum. Section 4. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. TITLE 2 CODEUPDATE PAGE 2 OF 4 Section 5. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this 25th day of January, 2011. APPROVED by the Mayor of the City of Meridian, Idaho, this 25th day of January, 2011. APPROVED: `\~~~~~~` ~~ 'Veerd, Mayor ATTEST: `~~.~`,~y ~~ / %,~~ rF o aycee o man, City Clerk = $~;+ AL ~j,~ ,~°~ ` ,,,,~ ~ov~ ~o ,,,. /,,,,~ '''iii-,i i i i ~ , ~,~~~~~~` •-~ TITLE 2 CODEUPDATE PAGE 3 OF 4 ,,..~ NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 11-~1!-~ AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 2-3-3, REGARDING MEMBERSHIP ON THE TRAFFIC SAFETY COMMISSION; AMENDING MERIDIAN CITY CODE SECTION 2-3-5, REGARDING MEETINGS OF THE TRAFFIC SAFETY COMMISSION; AMENDING MERIDIAN CITY CODE SECTION 2-4-3, REGARDING M~ET~N~ ~. THE PLANNING AND ZONING COMMISSION AND PROVIDING AN EFFECTI~)~`~ATE. C eridian M yor and City Council By: Jaycee Holman, City Clerk First Reading: - ~ ~ i Adopted after first reading y 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. 11- -y ~ ~ 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. 11- i 1 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 ~~ day of ~~ , 2011. 1,., Z. , ~..._.~ William. L.M. Nary City Attorney TITLE 2 CODEUPDATE PAGE 4 OF 4 Meridian City Council Meeting DATE: January 25, 2011 ITEM NUMBER: $E PROJECT NUMBER: ITEM TITLE: Mayor's Office: Resolution No. l ~ -~ ~ A Resolution of the Mayor and the City Council of the City of Meridian, Appointing M. Blaine Tewell, Jr. to the Vacant Seat of the Meridian Traffic Safety Commission; and Providing an Effective Date MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. ~ (" 1 1 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, APPOINTING M. BLAINE TEWELL, JR. TO THE VACANT SEAT OF THE MERIDIAN TRAFFIC SAFETY COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Code Title 2, Chapter 3 established the Meridian Traffic Safety Commission, its members and terms of their appointments; and WHEREAS, there is a currently vacant seat on the Meridian Traffic Safety Commission; and WHEREAS, the City Council of the City of Meridian deems the appointment of M. Blaine Tewell, Jr. to the vacant seat of the Traffic Safety Commission to be in the best interest of the Meridian Traffic Safety Commission and of the City of Meridian; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That pursuant to Meridian City Code § 2-3-3, M. Blaine Tewell, Jr. is hereby appointed to the vacant seat of the Meridian Traffic Safety Commission, for a term to expires in January 2014. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ~ f S-`~ ADOPTED by the City Council of the City of Meridian, Idaho, this _ day of 2011. APPROVED by the Mayor of the City of Meridian, Idaho, this 2~ da of Y 2011. APPROVED: ;~ .. Mal my de Weerd ATTEST: ,' By: Jayc L. `Ho an, ' y Clerk RESOLUTION FOR APPOINTMENT OF M. BLAINE TEWELL, JR. -MERIDIAN TRAFFIC SAFETY COMMISSIONER -1 Meridian City Council Meeting DATE: January 25, 2011 ITEM NUMBER: $F PROJECT NUMBER: ITEM TITLE: Parks Department: Memorandum of Agreement Concluding Mo Brooks Baseball Field Complex Partnership with Meridian Athletic Roundtable, Inc MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS i l - ~~q In~ -f-o S hex~ee - . CONCLUDING MO ROOK BASE ALL F ELD OMT ~^ PLEX PARTNERSHIP This MEMORANDUM OF AGREEMENT CONCLUDING MO BROOKS BASEBALL FIELD COMPLEX PARTNERSHIP ("MOA") is made this !~ day of January, 2011 by and between the City of Meridian, Idaho, a municipal corporation organized under the laws of the State of Idaho ("City"), and Meridian Athletic Roundtable, Inc., anon-profit corporation organized under the laws of the State of Idaho ("MART"), for the purpose of establishing the mutually understood and agreed-upon rights, responsibilities, and conditions of the conclusion of the Parties' partnership regazding Mo Brooks Baseball Field/Complex. WHEREAS, Storey Park, located at the southeast corner of Franklin and Main, in Meridian, Idaho, is a City park owned, operated and maintained by City; WHEREAS, in 1986, a baseball field, later named the Mo Brooks Baseball Field/Complex, was established in Storey Park through the combined efforts of City, MARI, the Meridian American Legion, and the Meridian Athletic Association, for the purpose of promoting youth baseball programming, particularly Meridian American Legion Baseball programming, within the Meridian community; WHEREAS, the respective rights and responsibilities of MARI and City with regard to Mo Brooks Field have been set forth in written agreements between the parties, including the Baseball Field Contract Agreement, dated April 16, 1986 ("1986 Agreement"), a copy of which is attached hereto for reference as Exhibit A, and the Mo Brooks Baseball Field/Complex Agreement, dated ~` December 20, 2005 ("2005 Agreement"), a copy of which is attached hereto for reference as Exhibit B; WHEREAS, on or about October 4, 2010, the boazd of directors of MARI, finding that youth baseball is well served by the numerous school and recreational baseball programs available in the Meridian community, voted to terminate the 2005 Agreement with City, and subsequently voted to dissolve MARI; and NOW THEREFORE, in consideration of the recitals set forth above, and the mutual terms, conditions, and covenants contained herein, the parties agree as follows. I. Mutual Termination. The Parties agree that the 2005 Agreement attached hereto as Exhibit B is hereby terminated by MARI's dissolution and the Parties' mutual assent to such termination. II. Donation of Improvements. MARI hereby donates and conveys to City, at no charge to City, any and all interest, right, responsibility, liability, and ownership heretofore accruing to MARI in the fixtures and improvements constructed and installed at Mo Brooks Field/Complex, including the bleachers, concession stand, announcer's booth, restroom facilities, dugout/storage units, backstop wall, and batting cage. MARI expressly waives and relinquishes any and all existing and future interest in or claim to any fixture, improvement, or other portion of the Mo Brooks Field/Complex. City accepts the fixtures and improvements donated and conveyed hereunder on an as-is basis, with no express or implied warranties whatsoever. ^~ III. Scheduling. City shall assume all administration, scheduling, and reservation responsibilities, rights, and authority for any and all uses of Mo Brooks Field/Complex, and all City policies, ordinances, and fees shall apply. MOA WITH MARI -CONCLUSION OF MO BROOKS BASEBALL FIELD/COMPLEX PARTNERSHIP PAGE I OF 2 ,.-~ IV. Release of liability. MARI forever waives and releases, on behalf of MARI and the agents, employees, heirs, executors, administrators, assigns, and/or personal representatives thereof, any and all claims and/or rights for damages that MARI or such other persons or entities now have or may have hereafter have against the City of Meridian and/or its employees, agents, officials, officers, volunteers, and guests, suffered in connection with or arising out of MARI's financial or other interest in, construction of, scheduling, or use of Mo Brooks Field/Complex and/or the fixtures and improvements thereon. V. Entire Agreement. This MOA supersedes and nullifies any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith, including, but not limited to, the 1986 Agreement and the 2005 Agreement. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. VI. Severability. If any provision of this MOA is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this MOA shall not be affected. VII. Successors and Assigns. All of the terms, provisions, covenants and conditions of this MOA shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. IN WITNESS WHEREOF, the parties hereto have executed this MOA on the L1~ day of ~,,,\ January, 2011. MERIDIAN ATHLETIC ROUNDTABLE, INC.: `~~. J Labbe, President ~~°•- IN KjM -• .• c1OT'~Rp * : ...~~- ',~ AUB LlG ~ ~~ _ ~ ,••~'oT~' O F 1~ STATE OF IDAHO i:/1N ~~ N ) ss: County of ADf- ) I HEREBY CERTIFY that on this ~ day of January, 2011, before the undersigned, a Notary Public in the State of Idaho, personally appeared John Labbe, proven to me to be the person who executed the said instrument, and acknowledged to me that he xecuted the same. ,WITNESS WHEREOF, I have hereunto set my hand and affixed m~~fficial seal, the day and year in this certificate first above writj~n. *s~ ~ Public for Idaho \\```~~,,,,,,1~y~Commission Expires: CITY OF MERIDIAN: ~~.~`~~~t 4~ ~~0~~~''%,~ Tammy d~eerd, Mayor ~~~ ~~`' -~'9~ Usr ~s~ . .,~~~ y `C MOA WITH MARI -CONCLUSION OF MO I~1't'OA E ~ ~-mn ~im~ City Clerk PARTNERSHIP PAGE 2 OF 2 Idaho .~"~ EXHIBIT A 1986 Agreement *; .. ~_ BASEBALL FIELD CONTRACT A~REEN~IV'I' THIS ACREII~I~TJ' is hereby entered into this the.J6 ~~ day o ~i , 198 by and between the City of Meridian, a,municipality o the Stat o I o (hereinafter referred to as the "City"), and the Meridian Athletic Roundtable, Inc., a non-profit corporation organized and existing under the laws of the State of Idaho (hereinafter referred to as the '4oundtable"), acting on behalf of it- self and all present and future Meridian American Legion Baseball players partici- pating in the American Legion baseball program. WITNESSETH: WfILRFAS, The parties hereto are interested in promoting youth baseball, in- cluding American Legion baseball, within the city of Meridian, Idaho; and WHEREAS,The City of Meridian seeks to provide the best possible facilities within its public parks and encourages public participation in the improvement of those facilities; and WE~REAS, The Roundtable is interested in obtaining a facility within which citizens can participate in the American Legion baseball program and is further interested in constructing and providing for improvements to that facility; and WHEREAS, The Roundtable has provided extensive services and materials in the creation and development of the baseball field at Storey Park, including the construction of a combination concession stand, announcers booth and restroom facility. NOW, THEREFORE, IN EXCHANGE FOR THE MTIIIAL COVENANTS.HERE©F, THE PARTIES AGREE AS FOLLOWS: I Roundtable is granted the right to use the Storey Park baseball field to conduct American Legion baseball games and practices in accordance with a Schedule to be subanitted to the City on or before March 30 of each calendar year. II Scheduling of all events at the baseball field at Storey Park will be under- taken by the City. In scheduling the use of the baseball field at Storey Park, the Meridian American Legion baseball program shall receive priority over other organizations and individuals ixi the scheduling of games and practices. It is understood however, the City must give consideration to all users of the park and this agreement in no way gives exclusive use of the baseball field to Round- table. PAGE 1 of 4 III Roundtable is granted the right to charge admission to each game and retain the proceeds from said admission charge for use in the furtherance of Meridian American Legion baseball. Roundtable is further granted the right to attach temporary advertisement boards to the baseball field fence, and may charge a fee for said advertisement boards. All fees shall be retained by Roundtable to defer the cost of constructing said advertisement boards and fulfilling its maintenance responsibilities, specified in section IV below. IV Routetable agrees to be responsible for cleaning the Storey Park baseball field and the immediate surrounding areas of all refuse after each use by Roundtable in the operation of its baseball program. In further consideration of the mutual desire-•af~the parties to this agreement-~i-maintain the baseball field at Storey Park at the highest possible level of quality, the Roundtable agrees to maintain the infield of said baseball field at its own expense, during the period of its scheduled events. Said maintenance includes mowing,.fertilizing and watering the infield grass, and keeping the pitchers mound, nameplate area and basepaths well groomed and free of weeds. City agrees to require any and all other persons or organization using the grounds at Storey Park field to assume the responsibility of cleaning all refuse from said field and surrounding areas after each use. City agrees to perform all other maintenance to the field, surrounding areas and buildings, except the concession stand which is considered in another section of this agreement. The City further agrees to provide water, power, sewer and all other utilities to the Storey_Park baseball facility, excluding field lights. V In consideration of the fact that Roundtable has caused the completion of the combination concession stand, announcer's booth and restroom facility at Storey Park at virtually no cost to the city, and has assumed major responsibility for maintenance of said building, Roundtable shall be granted exclusive right to operate said concession stand at any and all activities at Storey Park for the purpose of selling food and beverages to the general public. Roundtable shall retain the proceeds from said operation for the..furtherance of Meridian American Legion baseball. Roundtable agrees to operate said concession stand and make the restrooms and announcer's booth available to all other youth baseball pro- grams conducting scheduled games at Storey Park. Roundtable agrees to obtain all required health permits and adhere•to all ordinances and laws of the City ' of Meridian and the State of Idaho. Maintenance of said building assumed by Roundtable shall include interior and exterior painting, winterizing, cleaning restrooms and all repairs necessitated by general wear and tear. City shall assume responsibility for all damages covered by its general insurance policies. All rights granted to and responsibilities assumed by Roundtable under this section shall terminate with the rest of this agreement. ' PAGE 2 of 4 l~ .. . VI The teen of this agreement shall commence on the lr ~ da of~_ 198re, and shall continue until the 31st day of Decernbe~ y ' urinated upon mutual agreement of both rties. or may be ter- the parties hereto shall be required torenegotiaDtentheatennseofeangagreeh~~ went between them in light of the then existing public demand for the use of ' the baseball facility at Storey Park. DATED this~day of ~,d~ r / , 198( . CITY OF MERIDIAN X ATTEST: CI CLERIC i of dian ,. ROUNDTABLE, INC. PAGE 3 of 4 r t ~ ~',. STATE OF IDAHO, ) ss. County of Ada, j On thi$l~day of ~i ,198, before me, the undersigned Notary Publiic nand for sai S Kingsford, Mayor, and Jaclc Niemanne~CitysClerky ofptheeCityaof P. Meridian and acknowledged that they executed the within and forego: instrument. WITNESS MY SEAL ~wu~osE, iZOE11A10 ~-.~ NO~WI/TON (SEAL) STATE OF IDAHO, ) ss. County of Ada, ) Residing at Meridian, Idaho On this 1"1'"day of ~.~. ,1985, before me, the undersigned, otar I~i'-'in and or sai tate , per Wally appeared X ,known to me to be the x o ETIC ROUNDTABLE, INC., t orporation t at executed the instrument and acknowledged to me that said Corporation executed the same. WITNESS AMY SEAL (SEAL) ~aMr~ rw PAGE 4 of 4 u w. qtr •~. r.e. atw ww~MFNEI I . / G~~.GIJ ~ ~. Q.~~Ut/ Residing at "~, Idaho ~~~J-a c- ~. EXHIBIT B 2005 Agreement s"`1 MO BROOKS BASEBALL F/rELD / COMPLEX AGREEMENT ~ THIS AGREEMENT is hereby entered Into this the ~~'~~ ~ei'~ ~~ ?~ 0 5 by and betwe day of municipality of the State of Idaho (hereinafter refs d to as the eCndian, a Meridian Athletic Roundtable, Inc., a not profit corporation organized'and ex st/ng under the laws of the State of Idaho (hereinafter referred to as the "MARL"J, acting on behalf of Itself and al! present and future Meridian American Legion Baseball player participating In the American Legion Baseball program. W/TNESSETH WHEREAS, fhe parties hereto are interested In promoting youth baseball, including American Legion baseball, within the City of Meridian, Idaho; and WHEREAS, the City of Meridian seeks to provide the best possible facilities within its public parks and encourages public participation In the improvement of those facilities; and WHEREAS, the Meridian Athletic Roundtable, inc. is Interested In ~,.,~ obtaining a facility within which citizens can participate in the American Legion baseball program and is further interested in constructing and providing for improvements to that facility; and WHEREAS, the Meridian AthletJe Roundtable, Inc. has provided extensive services and materials in the creation and development of the baseball field at Storey Park, including the construction of a combination concession stand - announcers booth - restroom faculty, field lighfs, a combination dug outs - storage units and backstop wall with neifing; NOW, THEREFORE, IN EXCHANGE FOR THE MUTUAL CONVENANTS HEREOF, THE PARTIES AGREE AS FOLLOWS: MARL is granted the right to use the Mo Brook Baseball Field to conduct American Legion Baseball games and practices in accordance with a schedule during each calendar year. // Scheduling of all events at the Mo Brooks Baseball Field will be undertaken by the MARI. /n scheduling, the Meridian American Legion baseball program shall receive priority over other organizations and individuals In the use ^ of the field for games and practices. It is understood that MARI will provide Page 7 of 3 appropriate scheduling for the Varsity High School Baseball for Meridian High School when needed. It is also understood that MART must give consideration to all users of the park and this agreement in no way gives exclusive use of fhe baseball field to the Meridian American Legion Baseball program. 111 MARL is granted the right to charge admission to each game and retain the proceeds from said admission charge for use In the furtherance of Meridian American Legion Baseball program. MARL is further granted the right to attach temporary advertisement boards /banners to the baseball field fence and may charge a fee for said advertisements. To help with other operation costs, MART may charge operational fees for special uses at the facility. All fees shall be retained by MART to defer the cost of capital improvements and fulfilling its maintenance responsibilities as specified in section IV below. IV MAR/ agrees to be responsible for cleaning and general maintenance of Mo Brooks Baseball Field and the Immediate surrounding area (Inside the perimeter fence) of all refuse after each use by MART In the operation of its baseball program as well as other approved and scheduled activities. In further consideration of the mutual desire of the parties to fhis agreement to maintain the Mo Brooks Baseball Field at the highest possible level of quality, MARI agrees to maintain the Infield grass and keeping the pitchers mound, home plate area and base paths well groomed and free of weeds. MARI also agrees to require any and all other persons or organization using fhe grounds at Mo Brooks Baseball Field to assume the responsibility of cleaning all refuse from said held and surrounding area after each use. The City agrees to perform all other maintenance to the field and the surrounding area. The City agrees to provide water, power, sewer and all other utilities to Mo Brooks Baseball Field Facility, excluding the Tre1d lights. V In consideration of the fact that MART has caused the completion of the combination concession stand, announcer's boofh and restroom facility, combination dug outs and storage units, backstop wail with netting and batting cage as well as the storage carat Mo Brooks Baseball Field at virtually no cost to the City and has assumed major responsibility for the maintenance of said buildings, MARI shall be granted exclusive right to operate said concession stand at any and all activities at Storey Park and Mo Brooks Baseball Field for the purpose of selling food and beverages to the genera! public. MARI shall retain the proceeds from said operation for the furtherance of the Meridian American Legion Baseball program. MARI agrees fo operate said concession stand and make the restrooms and announcer's boofh available to all other youth baseball Page 2 of 3 programs conducting scheduled games at Mo Brooks Baseball Field. MART agrees to obtain all required permits and licenses and adhere to all ordinances and laws of the Clty of Meridian and the State of Idaho. Maintenance of said buildings assumed by MART shall include interior and exterior painting, winterizing, cleaning restrooms and all repairs necessitated by general wear and tear. The City shall assume responsibility for all damages covered by its general insurance policies All rights granted to and responsibilities assumed by MART under this section shat! terminate with the rest of this agreement. VI In accordance to fulfilling the obligations for the use and the improvements at Mo Brooks Baseball Field Facility, the MAR/ will provide an annual report each year describing the use, users, Improvements and projected improvements at the facility. Th/s report will be presented to the Cify of the end of each calendar year. Vll /) The term of this agreement shall commence on the ~-- "' eG`e~~~'' ~ ~ d-S' and shall continue until t ~ ~ day of December 2025, or may be terminated upon mutual agreement of both parties. Upon that date being reached, the parties hereto shall be required to renegotiate the terms of an agreement between them in light of the then existing public demand for the use of the Mo Brooks Baseball Field Facility. !f for any reason that the MART is dissolve or becomes non existing or does not fulfill its obligations, this agreement shall be transferred and assumed by the Meridian Athletic Association Incorporated. If the agreement Is terminated, the City will reimburse or reconstruct the total value of all assets developed and maintained by MART at the Mo Brooks Baseball 'Field Facility to the MARL. DATED this ~~~dayof /~-eCe~~ ~d~ City of Meridian ~lapet- ~i~Gd'i oleo t -Gi~~ Cvw~C.~ Approved by City Cou~{~,i~ ~-20 -O Attested.' .~` 4~ y '~~, .~'~ G~ ~,~'oRq ''~~, '~. ~ ~. o ~ s Crty Clerk ~ ~~~~rt 90~~~r tst • ~ t7 . tt~JTY ~ Meridian Athletic Roundtable, Inc. President Approved by Board l~2 r~6 Secretary Page 3 of 3 Meridian City Council Meeting DATE: January 25, 2011 ITEM NUMBER: $G PROJECT NUMBER: ITEM TITLE: Legal/Clerks and Planning Departments: Expired Development Agreements Update MEETING NOTES f CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS December 29, 2010 DMB Investments 250 S. Beechwood #120 Boise, ID 83709 RE: Ten Mile Development RZ 04-017 The City Council of the City of Meridian approved the project entitled Ten Mile Development on Apri126, 2005. The Unified Development Code of the City of Meridian and Idaho Code § 65-6711 A provides the City the authority to require property owners to enter into a Development Agreement with the City of Meridian that may require written commitment for all future uses. UDC 11-SB-3D2 requires the development agreement be signed by the property owner and returned to the city within one year of the city council granting annexation and/or rezone. The City of Meridian will consider rescinding the approval of this project at the February 8, 2011 City Council meeting. Please notify the City of Meridian Planning Department by January 31, 2011 if you would like the Council to consider action other rescission of this project. Sincerely, William L. M. Nary City Attorney January 21, 2011 Virtual Keystokes, LLC 2010 Mumbarto Avenue Boise, ID 83713 RE: Goff AZ 09-001 The City Council of the City of Meridian approved the project entitled Goff on April 7, 2009. This letter is in regard to both the annexation and the development agreement approved with that application. The Unified Development Code of the City of Meridian and Idaho Code § 65-671 lA provides the City the authority to require property owners to enter into a Development Agreement with the City of Meridian that may require written commitment for all future uses. UDC 11-SB-3D2 requires the development agreement be signed by the property owner and returned to the city within one year of the city council granting annexation and/or rezone. We understand that you are no longer pursuing development of the property at this time. Given that the approval period has expired, the City of Meridian would like to leave a clear public record and officially rescind the prior annexation and development agreement approval. The City of Meridian will consider rescinding the approval of this project at the March 8, 2011 City Council meeting. Please feel free to contact my office at (208) 884-5533 if you would like the Council to consider action other rescission of this project by February 25, 2011. Sincerely, Anna Borchers Canning, AICP City of Meridian Planning Director ABC: me cc: Garland Goff 1725 W. Pine Avenue Meridian, ID 83642 William L. M. Nary, City Attorney Jaycee Holman, City Clerk Planning Department . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-884-5533 Fax 208-888-6854 www.meridiancity.org