Loading...
2011-01-04(~~E IDIZ IAN+~- ~~ CITY COUNCIL REGULAR MEETING AGENDA Tuesday, January 04, 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 by Boy Scout Troop #156 with Meridian Greens LDS Ward (parent Ted Murdock will be attending also) 3. Community Invocation by Pastor Burt Roberts with Meridian Legacy Church 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approve Minutes of December 14, 2010 City Council Special Meeting B. Approve Minutes of December 21, 2010 City Council Special Meeting C. Acceptance Agreement with JanyRae Seda for Display of Artwork in Initial Point Gallery D. Findings of Fact, Conclusions of Law for Approval: MDA 10- 010 Scentsy Campus by Sam Johnson, H.O.T. 1, LLC Located Southwest Corner of E. Pine Avenue and N. Eagle Road Request: Modify the Existing Development Agreement to Update the Owner Information and Development Plan E. Findings of Fact, Conclusions of Law for Approval: VAR 10- 002 Scentsy Campus by Sam Johnson, H.O.T. 1, LLC Located Southwest Corner of E. Pine Avenue and N. Eagle Road Request: Variance to UDC 11-3H-4B to Allow aRight-in / Right- Meridian City Council Meeting Agenda -Tuesday, January 04, 2011 Page 1 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. out Access Point to/from the Site Via Eagle Road Between Pine Avenue and Commercial Street 6. Items Moved From Consent Agenda 7. Action Items A. Public Hearing: TE 10-033 Knightsky by Sea 2 Sea, LLC Located Northwest Corner of Chinden Boulevard and N. Linder Road Request: Approval of a Two (2) Year Time Extension to Obtain the City Engineer's Signature on the Final Plat Approved 8. Department Reports A. City Council: Election of New City Council Officers Nominated and Approved David Zaremba as President and Brad Hoaglun as Vice President B. Public Works: Reservoir #2 Discussion Motion Approved for Public Works to Proceed with Alternative #2 Adjourned at 7:33 p.m. Meridian City Council Meeting Agenda -Tuesday, January 04, 2011 Page 2 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting January 4, 2011 A meeting of the Meridian City Council was called to order at 7:10 p.m., Tuesday, January 4, 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, Tom Barry, Jamie Leslie, Bill Johnson, 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: Sorry for the delay. Thank you for joining us. Happy New Year. It is Tuesday, January 4th for the record. It's ten minutes after 7:00. I will start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance by Boy Scout Troop #156 with Meridian Greens LDS Ward. de Weerd: Item No. 2 is the Pledge of Allegiance. Tonight we will be led by Boy Scout Troop 156 with Meridian Greens LDS Ward. Thank you, boys, for joining us. If you want to come forward. If you will all rise and join us in the pledge. (Pledge of Allegiance recited.) de Weerd: Boys, if I could give you a City of Meridian pin for leading us. Item 3: Community Invocation by Pastor Burt Roberts with Meridian legacy Church de Weerd: Item No. 3 is our community invocation. Tonight we will be led in our community invocation by Pastor Burt Roberts. He is with Meridian Legacy Church -- or retired from. Thank you for joining us and giving us our first invocation of 2011. Roberts: My privilege. It's good to be here. Gracious and kind Heavenly Father, we pause to thank you for all of your many blessings of the year past. As we look forward to a new year we ask your blessing and your guidance upon our Mayor and the Council, all the decisions that will be necessary to be made this year we need your wisdom and Meridian City Council January 4, 2011 Page 2 of 11 your guidance and we are so thankful that we could come to you and ask for that. So, let your guidance be known here tonight. Give peace, give joy, give a contentment and a belief in the future. Anew year is ours and we thank you for it, in Christ's name we pray, amen. de Weerd: Thank you. It's always a pleasure to see you. Item 4: Adoption of the Agenda. de Weerd: Item No. 4 is adoption of the agenda. Hoaglun: Madam Mayor? de Weerd: Mr. Hoaglun. Hoaglun: I keep looking, but I don't see any changes, so I move adoption of the agenda as printed. Zaremba: Second. de Weerd: That has to be a first. I have a motion and a second to adopt the agenda as printed. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda A. Approve Minutes of December 14, 2010 City Council Special Meeting B. Approve Minutes of December 21, 2010 City Council Special Meeting C. Acceptance Agreement with JanyRae Seda for Display of Artwork in Initial Point Gallery D. Findings of Fact, Conclusions of Law for Approval: MDA 10- 010 Scentsy Campus by Sam Johnson, H.O.T. 1, LLC Located Southwest Corner of E. Pine Avenue and N. Eagle Road Request: Modify the Existing Development Agreement to Update the Owner Information and Development Plan E. Findings of Fact, Conclusions of Law for Approval: VAR 10- 002 Scentsy Campus by Sam Johnson, H.O.T. 1, LLC Located Southwest Corner of E. Pine Avenue and N. Eagle Road Meridian City Council January 4, 2011 Page 3 of 11 Request: Variance to UDC 11-3H-4B to Allow aRight-in I Right-out Access Point to/from the site Via Eagle Road Between Pine Avenue and Commercial Street de Weerd: Item 5 is our Consent Agenda. Hoaglun: Madam Mayor? de Weerd: Mr. Hoaglun. Hoaglun: I move approval of the Consent Agenda and the Mayor be authorized to sign and 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, roll call, please. 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: There were no items moved from the Consent Agenda. Item 7: Action Items A. Public Hearing: TE 10-033 Knightsky by Sea 2 Sea, LLC Located Northwest Corner of Chinden Boulevard and N. Linder Road Request: Approval of a Two (2) Year Time Extension to Obtain the City Engineer's Signature on the Final Plat de Weerd: We are at Item 7 under Action Items, a public hearing on TE 10-033. I will open this public hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is a time extension for a preliminary plat. The site consists of 9.47 acres zoned C-C and TN-R and it's located at 18 -- and that is the wrong information on my notes. I apologize. It's located on the north side of Chinden Boulevard. The applicant requests approval of a second time extension on the preliminary plat for Knightsky Estates Subdivision in order to obtain the city engineer's signature on the final plat. The preliminary plat consists of 102 single family residential building lots, 24 townhouse lots, seven commercial lots and six common lots and two private streets on 55.83 acres in R-4, TN-C, and C-C zoning Meridian City Council January 4, 2011 Page 4 of 11 districts. Since the Meridian design manual was not in effect at the time of the previous approvals, all future construction, excluding the single family homes within this development, are subject to the structure and site drovlal not n dthat be added and also UDC and we have requested that a condition of app 9 the UDC requires that there beaten foot multi-use pathway along Chinden Boulevard, Highway 20-26. Currently they are showing a five foot wide pathway, so we have amended the conditions of approval to change that to a ten foot pathway. And those are the only two new conditions that we are recommending. We have received written testimony from Shawn Nickle, the applicant, and he is in agreement with the staff report and to our knowledge there are no outstanding issues before City Council and staff is recommending approval of a two year time extension. de Weerd: Thank you, Anna. Sorry, we have a new sound system tonight. Thank you, Anna. Shawn, do you have any additional comments? Council, any questions for staff or the applicant? Bird: I have none. de Weerd: This is a public hearing. I do have a Jake Nowell who has signed up as neutral. Would you like to provide testimony? Okay. Well, thank you. And welcome. Well, if you get extra credit, we will give extra credit for signing the sign-up sheet. It is a public hearing. Is there anyone who would like to provide comment on this item? Okay. Council? Bird: Madam Mayor? de Weerd: Yes, Mr. Bird. Bird: Hearing no public testimony, I move we close the public hearing TE 10-033. Zaremba: Second. de Weerd: I have a motion and a second to close the public hearing for this Item 7-A. 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 TE 10-033 with comments from staff and written agreement from applicant. Zaremba: Second. Meridian City Council January 4, 2011 Page 5 of 11 de Weerd: I have a motion and a second to approve Item 7-A. If there is no discussion from Council could I have roll call on this item? Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 8: Department Reports A. City Council: Election of New City Council Officers de Weerd: Item 8-A is under Department Reports. I'll turn this over to Councilman Zaremba. Oh, this isn't like the agenda item. I guess I would open for nominations. Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: I would nominate Councilman Zaremba as president and Councilman Hoaglun as vice-president. Well, you got to second -- Zaremba: I'll second that. de Weerd: Okay. Well, I can't, so I'm just decoration. Do both of you accept those nominations? Hoaglun: Yes, I do. Zaremba: Yes, I do. de Weerd: Okay. Any further nominations? Bird: I move we close nominations. de Weerd: Okay. Zaremba: Second. de Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. de Weerd: Okay. Because we just have -- Mr. Nary, we don't have to have a vote if there is only one nominated for each one? Meridian City Council January 4, 2011 Page 6 of 11 Nary: You can certainly do it just by voice vote. Bird: Yeah. Voice vote. de Weerd: Okay. Well, we do have a slate for officers for City Council President Mr. Zaremba and City Council Vice-president Mr. Hoaglun. All those in favor of those positions say aye. All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. de Weerd: Okay. Zaremba: Thank you very much. Madam Mayor, may I ask to speak to both of the Councilmen for about two minutes after we adjourn, please. B. Public Works: Reservoir #2 Discussion de Weerd: Yes. Well, you bet, you can talk to anyone you want. Okay. Item 8-B is our Public Works Department. I'll turn this over to Mr. Barry. Barry: Thank you, Madam Mayor. Tonight we have before you an update on the Locust Grove ground reservoir capital improvement project. As you know we have been working on this project for some time. During the FY2010 budget we had begun design of the -- design and location of the ground reservoir project and information was shared with you at that time as it related to siting criteria, location, those kinds of things. I wanted to talk with you tonight about where we are in the project, particularly because, as you know, late last year as we were pursuing the close of the FY 2011 budget, we had some changes to the overall funding of this particular project and what was approved in the 2011 budget was elimination of two million dollars for this project that was postponed and put onto the FY 2013 budget when that rolls around. So, what that's created for us is a bit of separation between the design and annexation phase of this particular project, which was already underway and, then, now this construction phase, which is at least two years out. So, we wanted to get with you and talk with you about some of the thoughts we had behind pursuing a couple courses of action and get your ideas on which course of action you'd like us to pursue. So, originally -- and what we do mostly in Public Works projects is we like to connect the design, any annexation or permitting issues, along with construction, so we have a seamless project. In this case because of what happened in the FY 2011 budget, we have now got this two year separation between, as I mentioned, design, annexation, and permitting with construction. So, we had a couple options for your consideration tonight and want to get some direction as it relates to pursuing this project forward. So, we have held a neighborhood meeting as part of our annexation requirement and some concerns have been expressed from that, some of those concerns have been shared with you, you're familiar with those. I don't want to get into that. But what I did want to do is -- as mentioned try to get your direction as it relates to how we want to finish out this project. Meridian City Council January 4, 2011 Page 7 of 11 We have three options for you to consider this evening and, then, finally, a recommendation. The first option is to continue the path that we were -- that we are already on and that is to finish out our design, complete our annexation and inform the neighbors that the project will be constructed on the selected site when the budget is approved and, again, that was estimated to be in the FY 2013 budget. The advantages of this particular alternative include that the design contract can be finished out with additional neighborhood meetings as needed and that we can continue our current momentum on the project as to where we are at this point in time and continue to incorporate solutions to concerns that the neighborhood might have. One of the disadvantages is neighborhood concerns, particularly as it relates to the disconnect maybe in them understanding this phase and how it relates to the construction phase. So, we didn't want that to be confusing for any folks. The second alternative is to shelf the project temporarily and complete the annexation and design components in a point in time which is just before the construction phase, meaning go back to kind of how we normally move forward on construction projects and that is to coordinate the phase of design and permitting with the phase of construction, so that it's seamless. This -- the advantages of this particular alternative is that it more closely aligns with the design and annexation phase, with the construction phase as has already been mentioned and is typical with most of our capital projects. Some of the disadvantages are perhaps public perception that the project has gone away, that, essentially, we are not going to work on this project, when, in reality, what we would be trying to do is simply align construction and design. There is substantial concern with this alternative also that there may be a loss of momentum, but that could be maybe countered with additional community education and outreach on Public Works' part and, then, because there will have to be a restart in the design and annexation process there could be some additional costs associated with that particular alternative. The last alternative for consideration is looking for another project site, which has been suggested and has been reviewed by Public Works staff and there are pros and cons to this. The current neighbors might be satisfied that the location of the proposed reservoir might go someplace else, but, obviously, no matter where this thing goes -- because it has to be situated with regard to close proximity of our infrastructure, new neighborhood concerns may result and certainly additional purchasing and other costs would be of concern as well. So, we don't recommend alternative three, although it's something that has been suggested that we wanted at least bring to your attention. Our recommendation is alternative one, which is to continue our current course of action and allow us the time between now and the construction to maybe workout neighborhood concerns, as well as to incorporate any kinds of improvements to the site that might help alleviate neighborhood concerns. However, alternative two is also a feasible and relatively palatable option as well and that is to postpone the project and go ahead and combine design and construction together as a seamless component of the project. So, that's what we had for you this evening, to kind of try to get a little bit of alignment in regard to your expectations on moving forward with this particular project. So, I'll turn it over to you. de Weerd: Council, any questions? Zaremba: Madam Mayor? Meridian City Council January 4, 2011 Page 8 of 11 de Weerd: I'm sorry. Council, any questions? Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: This entire project at some point will be the subject of a public hearing, at which time we will learn what the issues are from the neighbors in the path that Public Works is taking. I don't know if Mr. Nary needs to comment on what we are allowed to talk about today, but I would be uncomfortable discussing the issues. I think focusing just on the question should the Public Works Department proceed or stop is all I would care to discuss at this time. de Weerd: I think that is the question in front of you. Zaremba: Okay. Thank you. I just wanted to make the point that this is not a public hearing. There will be public hearings. de Weerd: Yes. Hoaglun: Madam Mayor. Tom, could we jump back to the slide that gave the first two options one and two? Barry: Yes, sir. There you are. Hoaglun: Just to give you my thoughts on it, I'm leaning towards alternative number -- alternative two. We have -- because we as a Council delayed the funding for construction -- there is going to be a water tank over in that area somewhere, whether it's this site or not that depends on how the process moves forward. But I'm a little concerned about disconnecting the design and annexation and the public process from the actual construction. I think you point out some key issues there and I think one way to mitigate the con that the project has gone away when there will be a point in time where there will be a public process to go through the hearings and the different things, the annexation process and everything else, is maybe we just put up a sign out there that says potential site of a future water tank or whatever that wording is, however you want to characterize that water storage feature and -- and just that way anybody driving by or buying a house out there knows that in the future this could be a potential site, but, then, move that whole annexation discussion and planning process and public hearing process to the time that is more closely aligned with funds that were if it's approved it goes forward, then, into the construction phase. Is -- that's how I view it, so that's my preferred alternative is number two. Barry: Thank you. de Weerd: Other comments from Council? Meridian City Council January 4, 2011 Page 9 of 11 Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: I would just speak in support of what Councilman Hoaglun has said. I do think it's a good idea to put a sign out there. The example would probably be like the Idaho Power signs; they have them all over the place that say future substation or something like that. And I think that's -- that's a wise thing to do and I also think it's reasonable to align the design and annexation phases closer. It also gives more opportunity for the Public Works Department to get together with the neighbors and deal with their issues. So, I'm in support of what Councilman Hoaglun said. de Weerd: Okay. I guess what I would just add to the process, whether it's one or two, is a follow-up neighborhood meeting is necessary to describe or detail what the process is, that this is definitely not a done deal until you go through the annexation and zoning and the public participation steps, because that's -- that's a key element to this. If you go with item two, as it sounds from two of our Council members that -- that seems to connect better, having them back to back as is usually done, but it does buy you time to work with the neighbors in identifying -- and you have gotten a lot of details on what their specific concerns are, but working with them on what those specific concerns are and mitigating light, noise, sight, vision type of items, so that when you do bring it back for the public process in the subsequent year you have -- you stop to go through the neighborhood meetings again, but you may want to post the site in the interim as a potential site for and continue that dialogue. Just my thoughts. Hoaglun: And, Madam Mayor, Tom, yeah, that -- and my recommendation of number two that does not preclude what the Mayor just suggested. I think you should go forward and be doing that. It's no different than a developer going into an area, working with the neighborhoods long before they come to us with their application and talking with Planning and Zoning staff to say, okay, we have done this with the neighborhood, we have got this worked out and that makes the process much smoother for everybody involved. So, for Public Works to talk to the neighborhood, I think you need to have that -- continue the dialogue, keep communication lines open, see what the concerns are, see what the give and take is and -- but still when the process begins things are more compact than what we would have now if we were to do the public process and, then, construction process if it were approved and that, again, is if, because we have not heard the details and gone through the public process and that is something that has to -- has to occur in the future, so -- Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: Just wanted to confirm for the public record we do, in fact, own that piece of property already, don't we? Meridian City Council January 4, 2011 Page 10 of 11 Barry: That is correct. We do. Zaremba: Thank you. de Weerd: Okay. Council, so staff is seeking your direction. I would imagine we need it in the form of a motion. Hoaglun: Madam Mayor? de Weerd: Mr. Hoaglun. Hoaglun: I move that Public Works proceed with alternative number two and that it also include continued communication with the neighborhood -- neighbors in the adjoining areas about the process and potential plans if that moves forward in the future. Zaremba: And putting a sign on the property? Hoaglun: And -- yes. Thank you. And that would include putting up a sign of a potential future water storage facility. Zaremba: Second that. de Weerd: Okay. I have a motion and a second. Any discussion? Madam Clerk, will you call roll. Roll-Call: Bird, abstain; Rountree, absent; Zaremba, yea; Hoaglun, yea. de Weerd: Okay. All -- the ayes have it. I was going to say all ayes. MOTION CARRIED: TWO AYES. ONE ABSTAIN. ONE ABSENT. de Weerd: Okay. We are at the end of our agenda. Great way to start out the new year. Very unusual, too. Hoaglun: These high school kids are lucky, unless they need us to talk longer, but I don't think so. Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: I move we adjourn. Zaremba: Second. Meridian City Council January 4, 2011 Page 11 of 11 de Weerd: I have a motion and a second to adjourn. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. MEETING ADJOURNED AT 7:34 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) ~~ MA OR TA Y De WEERD ATTES / (I / CI DATE APPROVED ~~~ ~ ~~~~~p . . ,~ ~ ~+G ~} R p ~ ~? ~ ~~ . '~+ ~ '< --TEt7~ C~ ,. ; =~~.~ v "r c=a 3' ~..u r ~ ~~I ~1 4.~ .J ~ _.. ,.+ Item #7A: Knight Sky Estates (TE-10-033) Application(s): - Preliminary Plat time extension ~A~J ~ ~ ~O~d Size of property, existing zoning, and location: This site consists of 9.47 acres, zoned C-C & TN-R,~a~J~ys~c ~1~45 W. Franklin Road. CITY CLERKS OFFICE Summary of Request: The applicant requests approval of a second time extension on the preliminary plat for Knight Sky Estates Subdivision in order to obtain the City Engineer's signature on the final plat. The preliminary plat consists of 102 single-family residential building lots, 24 townhouse lots, 7 commercial lots, 6 common lots, and 2 private streets on 55.83 acres in R-4, TN-C, and C-C zoning districts. Since the Meridian Design Manual was not in effect at the time of the previous approvals, all future construction (excluding fhe single family homes) within this development are subject to the structure and site design standards as set forth in the Unified Development Code and the design guidelines as set forth in City of Meridian Design Manual. In addition, UDC 11-3H-4.C requires certain design and construction standards along Highway 20-26. Specifically, a 10-foot multi-use pathway is required within the 35-foot wide landscape buffer adjacent to Chinden Boulevard (HWY 20-26). After reviewing the submitted landscape plan it appears the project was approved with a 5-foot wide pathway. Staff is recommending the following new conditions of approval: 1) Future development of this site (excluding the R-4 single family portion) shall be subject to the structure and site design standards as set forth in the Unified Development Code and the Meridian Design Manual. 2) The applicant shall construct a 10-foot multi-use pathway along Chinden Boulevard (HWY 20/26) consistent with the standards set forth in UDC 11-3H-4C. Written Testimony: Shawn Nickel, Applicant (in agreement w/staff report) Outstanding Issue(s) for City Council: None Staff Recommendation: Approval of a two-year time extension Notes: Meridian City Council Meeting DATE: January 4, 2011 ITEM NUMBER: 5A PROJECT NUMBER: ITEM TITLE: Approve Minutes of December 14, 2010 City Council Special 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 4, 2011 ITEM NUMBER: 5B PROJECT NUMBER: ITEM TITLE: Approve Minutes of December 21, 2010 City Council Special 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 4, 2011 ITEM NUMBER: 5C PROJECT NUMBER: ITEM TITLE: Acceptance Agreement with JanyRae Seda for Display of Artwork in Initial Point Gallery MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 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 January 4, 2011 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and JanyRae Seda, an individual person whose address is 417 S. 13th Avenue #200, Boise, Idaho 83702 ("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 November 23, 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 January 3, 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 twelve to twenty-four (24) 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 3, 2011 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from January 3, 2011 to January 28, 2011 in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork 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. ACCEPTANCE AGREEMENT INITL4I. POINT GALLERY DISPLAY PAGE 1 Of 6 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 this "`day of December, 2011 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and JanyRae Seda, an individual person whose address is 417 S. 13th Avenue #200, Boise, Idaho 83702 ("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 November 23, 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 January 3, 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 twelve to twenty-four (24) 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 3, 2011 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from January 3, 2011 to January 28, 2011 in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork 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. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 1 Of 6 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, 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 Of 6 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. 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 INITL4L POINT GALLERY DISPLAY PAGE 3 Of 6 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 beaz any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepazed 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 prepazed 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 Of 6 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 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 Of 6 Artlst: JanyRae Seda P.O. Box 2014 Boise, Idaho 83701 (208) 590-1321 j anyrseda@hotmai 1. com Galles Curator: Dwight Williams Meridian Arts Commission 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 887-6473 dwight5332@q.com Citv: 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 January 4, 2011. Seda CITY OF MERIDIAN: BY: ~'~~~ i~ Tammy de erd, ayor `~t,,,,,,,,,,,,,~~ Attest• rFO aycee H ,City Clerl~ _ - SEAL - '~ ~,~ .. ~h~r~rrui ~nu~~~~~~~ ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 6 Of 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- dimensionalworks 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; • 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: By a-mail: Meridian Arts Commission Attn: 2011 Initial Point Gallery Series 33 East Broadway Avenue Meridian ID 83642 macC~meri diancity. org Exhibit B ~_... v_.A ~.. . ~~ _ Meridian Commission Application Ft Acknowledgments: 2011 INITIAL POINT GALLERY SERIES ARTISTJORGANIZER CON~'ACT INFORMATION: Check one: m submitting this form as an individual artist. ^ I am ubmitt' this form on beh if fan organization. Artist/Org. Name: -~,~1~~ ~/~~ ~~~~ Organizer name: E-mail address: Mailing Address: Physical Address: Phone numbers: Day: ~.~..--- Evening: ~.-- Cell: APPLICATION OVERVIEW: Check all that apply: ^ I/we propose to fill one half of Initial Point Gallery with two-dimensional artwork. /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"W~24"Dx42"H ^ 24"Wx24"Dx36"H ^ 24"Wx24"Dx30"H ~7 24"Wx24"Dx24"H Number of 2D pieces: 2 Average size of 2D pieces: Number of 3D pieces: Average size of 3D pieces: APPLICATION MATERIALS: Completed, signed Application R Acknowledgements Form ~; Biography of artist or informational statement regarding organization, no longer than one 8%z x 11" page; 1~, 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 wilt 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. Picloie Hmigmg •ki~n rw came: . -~ - ~-• ! I .• :' l; K\ ~ ~ r., , Cr 1~., - ~-~ __ . i _. • 1~~~, .`~ I Jc `~ `~ f:''~..,...f - - i ._ ~ •, I-• ~ 1- ~` ` a .Y ~ ~ ~ i ' ~ ~j t ~ ~` ~;{ •-, ACKNO ~EDGME S: I, G^- selecte r dis at Initial Point G well as u jest other specific term A ree t between m self and the C hereby acknowledge the following stipulations and agree that if this proposal is allery, such display shall occur subject to these general terms and conditions, as s and conditions that shall be set forth in a separate, written Acceptance g y ity of Meridian. I specifically acknowledge that: A. Before my work will be displayed in Initial Point Gallery, t will be required to enter into an Acceptance INIT ~ 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 wilt ~ "` 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. White artwork displayed in Initial Point Gallery may be passively offered for sale by means of an TIAL 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 Hatl is primarily a place of public business and Initia[ Point Gallery is a public place. The City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that City Hatl is a place where citizens, employees, and visitors of diverse ages and perspectives feet 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 nd underst nd each and all of the foregoing stipulations and do agree to these general terms and conditions. Signature: Print name: ~~~~ ~• ~-~/-.~-~ Date: 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: Initia[ Point Gallery 33 East Broadway Avenue Meridian tD 83642 Thank you for your interest! JanyRae Seda P.O. Box 2014, Boise Idaho 83701 Seda Studio, 417 S. 13m Boise, 83702 208-590-1321 October 27, 2010 Meridian Arts Commission Attn: Initial Point Gallery 33 East Broadway Avenue Meridian, Idaho 83642 Submission: Initial Point Individual Artist The theme of my one woman show: "JanyRae Seda Diversity Within", I will showcase works in several media and subject matter. I will show my diversity not only between oil and watercolor, but also with the subject matter that I paint. Corral and Caldwell Flour MiII are large paintings, each 48x60. Smaller, more intimate pieces as Relaxing are 20x16. My prices will range from $150 to $4500. I am very productive, this spring I intend to paint a few new pieces of Meridian structures. I ^ thought I could bring more than enough work for display with name tags, ready to hang with wire, so that the hanging committee could have choices on hanging day. Upon receiving acceptance I would publicize using my email list, Liah at The Boise Weekly, and Dana Oland at the Idaho Statesman. Please see attached jpg images of 5 examples of my work and the short biography/artist statement. ank you fo ur c ~ era 'on J y1Zae d JanyRae Seda P.O. Boz 2014 Boise Idaho 83701 208-590-1321 Artist Biography/Statement Memories, imagination, travel and a wall of reference materials determine subject. I walk daily along the greenbelt to my studio seeing pattern, color, and new shapes to add into my work. As an executive chef, food was color and texture; now as a full time artist I use paint. As a fourth generation Idahoan I have always been surrounded by landscape to paint. In 2010, with a summer scholarship to The School of the Art Institute of Chicago, I explored: technique, line, range of color, meditative jester and immersion into my work. I perform all aspects of my work, beginning with pencil sketches on hand torn gessoed paper. Details are added using gouache and transparent watercolor. These reference pieces are studied while I apply coats of gesso to my canvas for a stable foundation. My i"'~ first coats of oil paint are thin with little detail and pencil marks of shapes. I build up vibrant, rich layers of color, using pallet knife and brush strokes. I enjoy scraping out details, exposing the under paint and pencil marks and chasing the subject within the canvas. ~, JanyRae Seda P.O. Box zo~4 Boise, Idaho 8370 zo8-59o-~3z~ janyrseda~a hotmail.com Seda Studio, 4~7 South ~3tn #zoo, Boise, Idaho, 837oz Education X973 Bachelor Fine Arts, Architectural Interior Design, University of Idaho zoo School of the Art Institute of Chicago's Ox-bow Summer Program Artist Residencies zoo City of Boise Stn Street Marketplace Artist in Residency, March June Solo Exhibitions zo~~ Boise State University Gallery, March zo~~ Artist Review Boards zoo Saturday Market Artistic Review Board Appointment, Boise Idaho n Awards zoo ~St Place Painting Sedona Arts Festival, Arizona, October zoo ~~ Place Painting Wallowa Valley Art Festival, Oregon, May zoo Grellner Scholarship for $~ooo, School of the Art Institute of Chicago, Ox-Bow Summer Program, Chicago, III Idaho Watercolor Society Signature Status, corporate purchase Snake River Birds of Prey Festival, Placed 3rd zoo9 Idaho Watercolor Society, Placed and Traveling Show zoo8 Idaho Watercolor Society, Best of Shaw-Jurors Choice & Traveling zoo? Idaho Watercolor Society, Best New Artist & Traveling ~97~, 7z, 73 University of Idaho, Student of the year, Art & Architecture Group Exhibitions & Shows zoto More Than a Pretty Face, Boise Art Museum, October Sedona Art Festival, Arizona October Art in the Park, Boise Idaho September Thousand Springs, Hagerman Idaho September Sweet Pea Festival, Bozeman Montana August Sun Valley Art Fair, Hailey Idaho August Art Fair Jackson Hole, Jackson Hole Wyoming July Wallowa Valley Art Festival, Joseph Oregon May Northwest Watercolor Society, Washington Western Region Watercolnr Cnrint~ Anrietrt! Chnw C~r~# f ~Sca f ~t?f, Rotunda Show, tdayvl^daitir~.a71~^.=~^v:.t^c~}', ii:ciL= -~=-_r_-.- ___ Meridian City Council Meeting DATE: January 4, 2011 ITEM NUMBER: 5D PROJECT NUMBER: MDA 10-010 ITEM TITLE: Scentsy Campus Findings of Fact, Conclusions of Law for Approval: MDA 10-010 Scentsy Campus by Sam Johnson, H.O.T. 1, LLC Located Southwest Corner of E. Pine Avenue and N. Eagle Road Request: Modify the Existing Development Agreement to Update the Owner Information and Development Plan 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 4, 2011 ITEM NUMBER: 5E PROJECT NUMBER: VAR 10-002 ITEM TITLE: Scentsy Campus Findings of Fact, Conclusions of Law for Approval: VAR 10-002 Scentsy Campus by Sam Johnson, H.O.T. 1, LLC Located Southwest Corner of E. Pine Avenue and N. Eagle Road Request: Variance to UDC 11-3H-4B to Allow aRight-in /Right-out Access Point to/from the Site Via Eagle Road Between Pine Avenue and Commercial Street 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 4, 2011 ITEM NUMBER: 6 PROJECT NUMBER: ITEM TITLE: Items Moved From Consent Agenda MEETING NOTES 1~°~' CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 4, 2011 ITEM NUMBER: 7A PROJECT NUMBER: TE 10-033 ITEM TITLE: Knightsky Public Hearing -Approval of a two (2) year time extension to obtain the City Engineer's signature on the Final Plat by Sea 2 Sea, LLC - NWC of Chinden Blvd and N. Linder Road MEETING NOTES CLERKS OFFICE F/NAL ACTION DATE: E-MAILED TO STAFF , SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 4, 2011 ITEM NUMBER: $/~ PROJECT NUMBER: ITEM TITLE: City Council: Election of New City Council Officers MEETING NOTES ~~~ ;~.~_~ ~~ g . ~o~~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 4, 2011 ITEM NUMBER: $B PROJECT NUMBER: ITEM TITLE: Public Works: Reservoir #2 Discussion MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DECEIVED JAN n a ~~~~ ~ ~~~ ~~ ,~ Locust Grove Ground Reservoir Capital Improvement Project January 4, 2011 Agenda • dater Supply Distribution Basks • Storage • Project Site Criteria & Selection • annexation, Design, and Construction Process • Neighborhood Concerns • Project Visuals • Next Steps 10 ~F C;~,~E IOAHp .ERKS QFFI~E 1 ~"` >~~ ~~~I i~ '1s1~ .... ... A6iiti?&ra* "'Nk".3~:a~*!^+ "nroA•`.-w+Ynti~$ WV *v:2="N.M^. 8,000 ; A.. ..l~a~.`fi~~ ~v.~, ::' . _ __ _ _.-_ i Peak Haur Demand 16,000 N 0 -- - -- - 14,000 a -- - - -- - 12 0 ~ r Demand Max Da , 00 -- - -~ y a 10,000 -- m p 8,000 ~ - - - -- LL 6,000 ~ ~ ;, a ~--~ Average Daily Demand 4,000 a ~ 2,000 ~, ~ 0 12:OOam 12:OOpm 11:59pm 2 ~ ~ ~ r ~~ ~~' - ~ / a, ,.. -- ., % /~ ~~ rl ,J '~ ~~ ;.: ,;: f/sir i r ~ l / egae ~e Minimum of ~~~ to acres / ~"ransn~ission Caa~iy - Minimum transmission capacity of ,OOH gpm (12" pipe in two directions / Avai~abili~y o~ properly - Qwner must be willing to sell /~'oning - Correct Zoning allowance for proposed facilities with limited height restrictions / Canal or Drainage f~roximity - Adjacent drainage to allow for draining tank as part of maintenance / Neighbors 3 i++' I: W AMffY RD 1 mile - E AMITY RD -w, , Ts~ i.#` ~"., N" . ,, +(s , '?`'! . ias ~ ( E A-YUTY RD ~ 'x JJ 4 5 6 ~ .~ ~,~ , ~~ ~ ~y ,}~~ ~~ R ~ y ~µ ~ ~ 6 ~c . s"E~ ~ iaP S", Y k~4 ~~~~ ~~ ~~. Y T }. ~ e'# 1 ~ ~~ M ~_ ~` :1 / ~ off" o~ ~ S~ :^y~~ ~.. NegatieA~~ecton Prertya~es ~. Eighti ng 3. Removal o~ Existing Trees 4. Fencing 5. Storage Tank Concerns • Aesthetics Failure 6. Noise 7. Pathway 7 ~~~~r~o~~r~g r~~~r~y ~a1~~s ~ri~~ ~e ~~creas~a~ v~itf~ cor~s~rc~e~io~ ~,~ ~~e dank," Acertified General Appraiser stated that in hisopinionthe values of neighboring properties would not be affected. Robust water storage & distribution systems have positive affects on homeowners' insurance rates: Meridian rates as a Class 3 in the Insurance Services Office ISO} Public Protection Classification Fire Rating System, Maintaining this rating saves homeowners' approx. $200 per year on homeowners' insurance fora $300,000 home, ~~ ~tl~ Olrl~ '~a~ect ~i~! be 1i~ i~ ~~~ sree~ is b~ visi~le,~~ar~ ~ isac~. ~° it ~ °ROPERTY BOUNDARY ~`~ ~~ ~ ter----.., ._. ,._..._....,_, ~.__. .. i. 4''.. ;' Dalvevar / f . ; aui~oD4a ~ . '~ 1 a __.._ ._ TANK 0 ~ ~ ~' W Q u a 0 J ...._ ..` The red lines show the ' ~~ ~` extent of the lighting on P"TMU"Y `~T~"NE A.. ~ N the ground surface. 8 ~f .':"~ ~k .. ~ °~ ddy 1 ~.. K € 4 ~~~ #,h ~ :: 9 TanC ~ -,~ ~~_ ^~ "1~1~ha~ i~ ~ ~a~i1s~" ~- The tank will be designed and constructed in accordance with A~,erican Water Works Association ~AWWA} standards, standard Engineering Practices and DEQ requirements to withstand potentially catastrophic events such as earthquakes. The tank will be frequently inspected and maintained. In the rare event of a tank failure, water will flow to Ten Mile Creek. • Ten Mile Creek is down gradient from the proposed tank location and approximately 240 feet away. 10 ,. ,.....r.... .. ._ .....,~r,..,.,,.m- Noise Stud y -~. - Conducted by an Environmental i Science & Planning Consultant x- Gas lawn mower: 95 decibels* ~ ~~ ,~ •Quiet suburb: 50* ~,. ~~ooster .~ Reservoir ~~ a;~ ~~ - ~w ~ h ~ ~ ~>~,~ ~ k ~. •Refrigerator: 40~ ~~ ~ ~~~ ~~~~` ~ `~~ ~~ ~` ,~~ ~ ~~. j ~ ~> <. r,~,~~ ~ nay ;~ ~~ /IA ST' ~ ~~ ~ ' 1~ ~ ~- ~ ~ ~r,^. ' ~~ ~ ~ w a~~- ~ ~ ~~ ~~~ Measurementtaken with , .- ~ ~~Measurements taken with ,~ only'pump running _, generator & pump running ~ `Temple University Department of Pathway ~on~erns „Thy pathwt~y wilt invite vandalisrr~ into the surrounding community." This pathway is required as part of the approved City of Meridian Pathway Master Plan. • The pathway will be fully landscaped. • This pathway will be a connector section between two existing pathwaysthatrun alongTen Mile Creek along the south side of the project site. 11 Property Ov~r~~r~ 1Nh~ ~1ave S~~t in Writ~~n ~oncerr~s I r i __, F MqC E MACKAY DR W Kqy DR ; W a s T r, , , ; ~. a a ~ ~c~sH ~~ ' ~ -° ~ f ~gOEM~R DR o i o ~~~' .~ u z ~ N ~ _ .... _. .-~~' ---- -- ---~-- _ - ~ E VICTORY RD ~ w a a s • 490 properties within % mile 0 .. ~ Z G ~<o ~ • 13 home owners sent in 9 ~ E PISTIOA DR W o° ~ - ~ t7 f Sf R written concerns E IONIA ST j CN/O ST u 3 > J ~ W SICILY ST E 0 in E SICILY ST a ~ 'n E SICILY ST m a ~ 3 N O ~ E PALERMO ST v, ~~ i a > ~ • 0 ~^ E JULIET CT i ~ ~ a a W E MONA LISA DR a ~ o s N ~ p v EPA Legend _ 0 ~ ( Ground Reservoir #2 z _.. a / `" 9 E BE Parcels < 1/4 mi. from GR#2 ~ E PISA ST N E PISA CT E PISA ST 9 ~ Pro ert Owners Sent Letters p Y Parcel Boundaries p h~~~E III DIAIv' ~- Ground Reservoir Letters ,- ~„/ 1 rrr~ Map ueate5 on Tuesday; January 4, 2011 500 25C 0 500 Feet Dcug Green N • Will be a quiet &well-maintained neighbor to the surrounding subdivisions • Will include additional walking pathways with plenty of open space • Will be fully landscaped with a variety of coniferous and shade trees 12 .~ ,~ .~., ~; % ~~ p~ 4 ~~4 aH ,~ ~e ~ . ,,,,,~ c ~~~~ ~ ; ; ~- niiicrest ~oiT course, poise ~~ ~, n~~ „_a,, . ;~ :'.; ~, ~~.. ,,, ~ , ., ~y~ ~~ ~ ,. ~ g ~ b r~~i~/rir.,iiii '. ~' °~ ~ ~ K, w11NNa~T ;: ~~ n s - ~ 4 ~ r ~ ~ . ,~o~~ ,s: $w., s 4, >.: %: ~,~ ~ ' ~ ~ ~ ~ ~~ i k,. " "y t H ~: F' ~:- bl k ~~ ~..: r Camels Back Park, Boise F~. ~~ -~~~ ~ z~ +,, V „~ ~,: _ - ~ ~ w~ ~ ~~ ~~~ ~~~~~A~ y~ ~~ 13 14 With Potential Housing ~~ ~,~ _~ y d ~ y ; k /n ~ ~ F 9 Y E !, ~ ~` ~ -gyp .~ ~ y nA., ,.~ ~~lWu ,f":~ ~~ F~ ,Xr T. x' s ' ~ a w,yF. ~ y,n. c n= ti _. y~~ ~ r ~~ r r S f t; k / R. With Proposed Storage Tank ~i~aroo ~~~n~ _ mold anhr ~eighbarhood ~~eting 1. finish out design, annexation and inforrr~ neighbors the project viii be constructed at the selected site when budget is approved Pros: Design contract can be finished out and additional neighborhood meeting can be held immediately. Continue current momentum and continue to incorporate solutions to concerns Cons: Neighborhood protests 2. Shelf project and complete annexation when construction budget is approved. Pros: More closelyalignsthe design & annexation phase with the construction phase Cons: Public perception may be that the project has gone away. loss of momentum -will have to start design & annexation process all over again at an additional cost to the City 15 -< rt t n ~~l~u C~BS~~:9yd~~~.. ?~~, /, .' ~~i i,;- ~~ ii'i .~rt~~es for roceedr'r~g . Find another project site rosy Satisfied neighbors Cons: A new project site may not adequately meet the site criteria.. Also, purchasing an additional will be more costly and may come with protest from a new group of neighbors Recommendation A~~erna~ive#1-Finish out the design, annexation and inform neighbors the project will be constructed when the budget is approved. Allows usto finish out ourcontractwith the Design Consultant and use the site we have purchased. This is the most efficient and cost effective option. Questions & Comments 16 17