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2013-05-22 Special~~E IDIAN~-- NOTICE OF CANCELLATION OF THE REGULARY SCHEDULED MEETING OF THE MERIDIAN CITY COUNCIL Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba NOTICE IS HEREBY GIVEN that the regularly scheduled meeting of the Meridian City Council for Tuesday, May 21, 2013 at 7:00 p.m. has been CANCELLED due to the Primary Election. All items will be rescheduled for a Special Meeting on Wednesday, May 22, 2013 at 7:00 p.m. If you have any questions, please contact the City Clerk's Office at 208-888 4433. Thank you. DATED this 17th day of May, 2013. Meridian City Council Meeting Cancellation -May 21, 2013 All materials presented at the public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. E IDIAN%^-' CITY COUNCIL SPECIAL MEETING AGENDA Wednesday, May 22, 2013 at 7:00 PM Roll-Call Attendance X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Michael Pearson with the Seventh Day Adventist Church 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Findings of Fact, Conclusions of Law for ,Approval: MDA 13-007 Medina Subdivision by William & Mary Howell, Meridian Promenade P1, LLC and Jack in the Box, Inc. Located Southwest Corner of S. Meridian Road (SH 69) and W. Overland Road Request: An .Amendment to the Existing Development Agreement for Medina Subdivision to Remove the Requirement for Conditional Use Approval of all Future Uses on Each Lot B. Findings of Fact, Conclusions of Law for Approval: RZ 13-003 807 N. Meridian Road by LTD, LLC Located at 807 N. Meridian Road Request: Rezone of 0.74 of an Acre from the R-8 (Medium Density Residential) to the O-T (Old Town) Zoning District C. Findings of Fact, Conclusions of Law for Approval: MDA 13-001 Bellabrook Villas (aka Brookside Square) by ZWJ Properties, LLC Located 300 S. Locust Grove Road Request: Modify the Existing Development Agreement to Allow for the Development of 26 Single-Family Residential Dwelling Units on the Site D. Findings of Fact, Conclusions of Law for Approval: PP 13-002 Bellabrook Villas (aka Brookside Square) by ZWJ Properties, LLC Located at 300 S. Locust Grove Road Request: Preliminary Plat approval Consisting of 26 Single-Family Residential Building Lots and Four (4) Common/Other Lots on 4.38 Acres of Land in an R-15 Zoning District Meridian City Council Special Meeting Agenda -May 22,2013 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents andlor hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. E. Findings of Fact, Conclusions of Law for Approval: MDA 13-004 Gramercy Pride Apartments by Sagecrest Development, LLC Located 2111 and 2283 S. Accolade Avenue, Lots 9 and 26, Block 3 of Gramercy Subdivision No. 1 Request: Modify the Building Elevations Approved with the Amended Development Agreement (Instrument #108022888) F. Findings of Fact, Conclusions of Law for Approval: CUP 13-002 Gramercy Pride Apartments by Sagecrest Development, LLC Located 2111 and 2283 S. Accolade Avenue Request: Conditional Use Permit Approval for 18 Multi- Family Dwelling Units on Two (2) Lots on Approximately 1.38 Acres in an Existing R-15 Zoning District G. Findings of Fact, Conclusions of Law for Approval: MDA 13-008 Twelve Oaks (fka Hark's Canyon Creek Subdivision) by JLJ, Inc. Located 1845 W. Franklin Road Request: Amendment to the Development Agreement to Remove the Language Pertaining to the Expired Plat and to Include a Conceptual Development Plan for a Mixed Use Development H. Final Order for Approval: FP 13-013 Villas at Lochsa Falls No. 2 by Hayden Homes Located West Side of N. Linder Road, Midway Between Chinden Boulevard and W. McMillan Road Request: Final Plat Approval Consisting of Twenty-Eight (28) Residential Lots and Three (3) Common Lots on Approximately 4.33 Acres in an R-8 Zoning District I. Final Order for Approval: FP 13-012 Tradewinds Subdivision No. 1 by Don Newell, SDN, LLC Located Southeast Corner of E. Victory Road and S. Locust Grove Road Request: Final Plat Approval Consisting of 17 Building Lots and 2 Common/Other Lots on 10.42 Acres of Land Zoned R-8 J. Final Order for Approval: FP 13-014 SpurvNing Orchard Subdivision No. 2 by Brighton Development, Inc. Located North Side of Chinden Boulevard; West of N. Ten Mile Road Request: Final Plat Approval Consisting of Fifty- Four (54) Single Family Residential Lots and Eight (8) Common/Other Lots on Approximately 14.05 Acres in an R-8 and R-15 Zoning District K. Final Order for Approval: FP 13-015 Messina Meadows Subdivision No. 4 by Tuscany Development, Inc. Located North of E. Amity Road, Midway Between S. Locust Grove Road and S. Eagle Road Request: Final Plat Approval Consisting of 36 Single Family Residential Building Lots and Six (6) Common Lots on Approximately 10.52 Acres of Land in an R-8 Zoning District L. Final Order for Approval: FP 13-017 Red Wing Subdivision by W.H. Moore Company Located Southeast Corner of S. Meridian Road (SH 55) and E. Victory Road Request: Final Plat Approval Consisting of Forty-Eight (48) Single-Family Residential and One (1) Multi-Family Residential Building Meridian City Council Special Meeting Agenda -May 22,2013 Page 2 of 4 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. Lots and Nine (9) Common/Other Lots on 31.11 Acres in the R-4 and R-15 Zoning Districts M. Final Order for Approval: FP 13-016 Zebulon Village Subdivision by The Traditions by Amyx II, LLP Located South of E. McMillan Road and West of N. Eagle Road Request: Final Plat Approval Consisting of 40 Single-Family Residential Building Lots and Six (6) Common/Other Lots on 14.94 Acres in an R-4 Zoning District N. Final Order for Approval: FP 13-019 Rushmore Subdivision by Tealey's Land Surveying Located South of W. Pine Avenue, West of W. Broadway Avenue Request: Final Plat Consisting of Three (3) Multi-Family Residential Building Lots and Two (2) Common Lots on Approximately 2.17 Acres of Land in an R-15 Zoning District O. Acceptance Agreement: Display of Artwork of Karyn deKramer in Initial Point Gallery from May 31 to June 28, 2013. P. Acceptance Agreement: Display of Artwork of Joni Frey in Initial Point Gallery from May 31 to June 28, 2013 Q. Acceptance Agreement: Display of Artwork of Dan McAlister in Initial Point Gallery from August 2 to August 30, 2013 R. Acceptance Agreement: Display of Artwork of Sara Allen in Initial Point Gallery from August 2 to August 30, 2013 S. Acceptance Agreement: Display of Artwork of Gertrude Hudson in Initial Point Gallery from August 30 to September 27, 2013 T. Acceptance Agreement: Display of Artwork of the City of Meridian Community Center Art Group in Initial Point Gallery from September 27 to November 1, 2013 U. Acceptance Agreement: Display of Artwork of Marjorie Reinecker in Initial Point Gallery from November 1 to November 29, 2013 V. Acceptance Agreement: Display of Artwork of Linda Sherrets in Initial Point Gallery from November 1 to November 29, 2013 W. Acceptance Agreement: Display of Artwork of Sue Cervenka in Initial Point Gallery from November 29, 2013 to January 3, 2014 X. Acceptance Agreement: Display of Artwork of Candy Collins in Initial Point Gallery from November 29, 2013 to January 3, 2014 Meridian City Council Special Meeting Agenda -May 22,2013 Page 3 of 4 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. Y. Resolution No. 13-924: A Resolution Authorizing the City Clerk to Destroy Certain Semi-Permanent and Temporary Records of the Meridian Police Department 6. Community Items/Presentations A. May 21, 2013 Unofficial Election Results B. City of Meridian Scholarship Presentations C. Presentation of Award from the Council for the Deaf and Hard of Hearing to the Meridian Fire Department 7. Items Moved From Consent Agenda 8. Action Items A. Public Hearing: MDA 13-009 Walmart Overland/Stoddard by Wal-Mart Stores, Inc. Located Southeast Corner of W. Overland Road and S. Stoddard Road Request: Modification to the Development Agreement to Change the Fencing Type Along the Southern Boundary of the Site from Eight (8) Feet Tall Vinyl to Eight (8) Feet Tall Pre-Cast Concrete Approved 1. Amended onto the Agenda: Fee Waiver Request from Applicant for MDA and CZC Applications -Approved 9. Department Reports A. Amended agenda to read: Mayor's Office: Resolution No. 13-925: Resolution Appointing Larry Gardner, Ryan Lancaster, Tracy Hopkins, Stephen Lewis, David Ballard, Jo Ann Bujarski ,Mica Gale, Jack McGee and Pat Morandi to the Meridian Transportation Commission Approved B. Meridian Parks and Recreation Department: Park Dedication Plaque Update C. Continued from May 7, 2013: Fire Department Emergency Medical Service (EMS) Joint Powers Agreement Discussion D. Legal Department: Discussion on the Regulations Regarding Fences in Setbacks 10. Future Meeting Topics None Adjourned at 9:12 p.m. Meridian City Council Special Meeting Agenda -May 22,2013 Page 4 of 4 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 Special Meeting May 22, 2013 A special meeting of the Meridian City Council was called to order at 7:00 p.m., Wednesday, May 22, 2013, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree, David Zaremba, Keith Bird, and Brad Hoaglun. Others Present: Bill Nary, Jaycee Holman, Bruce Chatterton, Kyle Radek, Sonya Watters, Scott Colaianni, Mark Niemeyer, Jay Gibbons, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Well, I'd like to welcome you all to the Meridian City Council meeting. This is a special meeting tonight, only because it's not on Tuesday. Although it is special because all of you have joined us. So, thank you for being here this evening. For the record it is Wednesday, May 22nd. It's two minutes after 7:00. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is our pledge of allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Michael Pearson with the Seventh Day Adventist Church De Weerd: And I do not see Pastor Pearson. Item 4: Adoption of the Agenda De Weerd: So, I will skip to the next item, Item 4, adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: A couple things for tonight's agenda. Under Consent Agenda, 5-Y, is Resolution No. 13-924. Under Action Items we need 8-A-1 to amend onto the agenda, Meridian City Council May 22, 2013 Page 2 of 43 fee waiver request from applicant for MDA CZC application. Under 9-A, Department Reports, that is Resolution No. 13-925 and we also need to add two names that came in just after this was published, the names are Jack McGee and Pat Morandi to the Meridian Transportation Commission. And with that, Madam Mayor, I move adoption of the agenda as amended. Rountree: Second. De Weerd: I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Findings of Fact, Conclusions of Law for Approval: MDA 13- 007 Medina Subdivision by William & Mary Howell, Meridian Promenade P1, LLC and Jack In the Box, Inc. Located Southwest Comer of S. Meridian Road (SH 69) and W. Overland Road Request: An Amendment to the Existing Development Agreement for Medina Subdivision to Remove the Requirement for Conditional Use Approval of all Future Uses on Each Lot B. Findings of Fact, Conclusions of Law for Approval: RZ 13-003 807 N. Meridian Road by LTD, LLC Located at 807 N. Meridian Road Request: Rezone of 0.74 of an Acre from the R-8 (Medium Density Residential) to the Q..T (Old Town) Zoning District C. Findings of Fact, Conclusions of Law for Approval: MDA 13- 001 Bellabrook Villas (aka Brookside Square) by ZWJ Properties, LLC Located 300 S. Locust Grove Road Request: Modify the Existing Development Agreement to Allow for the Development of 26 Single-Family Residential Dwelling Units on the Site D. Findings of Fact, Conclusions of Law for Approval: PP 13-002 Bellabrook Villas (aka Brookside Square) by ZWJ Properties, LLC Located at 300 S. Locust Grove Road Request: Preliminary Plat approval Consisting of 26 Single-Family Residential Building Lots and Four (4) Common/Other Lots on 4.38 Acres of Land in an R-15 Zoning District E. Findings of Fact, Conclusions of Law for Approval: MDA 13-004 Gramercy Pride Apartments by Sagecrest Meridian City Council May 22, 2013 Page 3 of 43 Development, LLC Located 2111 and 2283 S. Accolade Avenue, Lot 9 and 26, Block 3 of Gramercy Subdivision No.1 Request: Modify the Building Elevations Approved with the Amended Development Agreement (Instrument #108022888) F. Findings of Fact, Conclusions of Law for Approval: CUP 13- 002 Gramercy Pride Apartments by Sagecrest Development, LLC Located 2111 and 2283 S. Accolade Avenue Request: Conditional Use Permit Approval for 18 Multi-Family Dwelling Units on Two (2) Lots on Approximately 1.38 Acres In an Existing R-15 Zoning District G. Findings of Fact, Conclusions of Law for Approval: MDA 13- 008 Twelve Oaks (fka Hark's Canyon Creek Subdivision) by ILJ, Inc. Located 1845 W. Franklin Road Request: Amendment to the Development Agreement to Remove the Language Pertaining to the Expired Plat and to Include a Conceptual Development Plan for a Mixed Use Development H. Final Order for Approval: FP 13-013 Villas at Lochsa Falls No.2 by Hayden Homes Located West Side of N. Linder Road, Midway Between Chinden Boulevard and W. McMillan Road Request: Final Plat Approval Consisting of Twenty-Eight (28) Residential Lots and Three (3) Common Lots on Approximately 4.33 Acres In an R-8 Zoning District I. Final Order for Approval: FP 13.012 Tradewinds Subdivision No.1 by Don Newell, SON, LLC Located Southeast Comer of E. Victory Road and S. Locust Grove Road Request: Final Plat Approval Consisting of 17 Building Lots and 2 Common Other Lots on 10.42 Acres of Land Zoned R-8 J. Final Order for Approval: FP 13-014 Spurwing Orchard Subdivision No.2 by Brighton Development, Inc. Located North Side of Chinden Boulevard; West of N. Ten Mile Road Request: Final Plat Approval Consisting of Fifty Four (54) Single Family Residential Lots and Eight (8) Common/Other Lots on Approximately 14.05 Acres in an R-•8 and R-15 Zoning District K. Final Order for Approval: FP 13-015 Messina Meadows Subdivision No.4 by Tuscany Development, Inc. Located North of E. Amity Road, Midway Between S. Locust Grove Road and S. Eagle Road Request: Final Plat Approval Consisting of 36 Single Family Residential Building Lots and Six (6) Common Lots on Approximately 10.52 Acres of Land In an R-8 Zoning District Meridian City Council May 22, 2013 Page 4 of 43 L. Final Order for Approval: FP 13-017 Red Wing Subdivision by W.H. Moore Company Located Southeast Corner of S. Meridian Road (SH 55) and E. Victory Road Request: Final Plat Approval Consisting of Forty-Eight (48) Single-Family Residential and One (1)Multi-Family Residential Building Lots and Nine (9) Common/Other Lots on 31.11 Acres in the R-4 and R-15 Zoning Districts M. Final Order for Approval: FP 13-016 Zebulon Village Subdivision by The Traditions by Amyx II, LLP Located South of E. McMillan Road and West of N. Eagle Road Request: Final Plat Approval Consisting of 4Q Single-Family Residential Building Lots and Six (6) CommonlOther Lots on 14.94 Acres in an R-4 Zoning District N. Final Order for Approval: FP 13-019 Rushmore Subdivision by Tealey's Land Surveying Located South of W. Pine Avenue, West of W. Broadway Avenue Request: Final Plat Consisting of Three (3) Multi-Family Residential Building Lots and Two (2) Common Lots on Approximately 2.17 Acres of Land in an R-15 Zoning District O. Acceptance Agreement: Display of Artwork of Karyn deKramer in Initial Point Gallery from May 31 to June 28, 2013. P. Acceptance Agreement: Display of Artwork of Joni Frey In Initial Point Gallery from May 31 to June 28, 2013 Q. Acceptance Agreement: Display of Artwork of Dan McAlister in Initial Point Gallery from August 2 to August 30,2013 R. Acceptance Agreement: Display of Artwork of Sara Allen In Initial Point Gallery from August 2 to August 30, 2013 S. Acceptance Agreement: Display of Artwork of Gertrude Hudson in Initial Point Gallery from August 30 to September 27, 2013 T. Acceptance Agreement: Display of Artwork of the City of Meridian Community Center Art Group in Initial Point Gallery from September 27 to November 1, 2013 U. Acceptance Agreement: Display of Artwork of Marjorie Reinecker In Initial Point Gallery from November 1 to November 29, 2013 Meridian City Council May 22, 2013 Page 5 of 43 V. Acceptance Agreement: Display of Artwork of Linda Sherrets in Initial Point Gallery from November 1 to November 29, 2013 W. Acceptance Agreement: Display of Artwork of Sue Cervenka in Initial Point Gallery from November 29,2013 to January 3, 2014 X. Acceptance Agreement: Display of Artwork of Candy Collins in Initial Point Gallery from November 29, 2013 to January 3, 2014 Y. Resolution No. 13-924: A Resolution Authorizing the City Clerk to Destroy Certain Semi-Permanent and Temporary Records of the Meridian Police Department De Weerd: Item 5 is our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: As just noted 5-Y is Resolution No. 13-924. I move approval of the Consent Agenda and the Mayor to sign and the Clerk to attest. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: Community Items/Presentations A. May 21, 2013 Unofficial Election Results De Weerd: Item 6-A is -- I will turn this over to our Clerk. Madam Clerk. Holman: Madam Mayor, Members of the Council, this is just an update on the election results from last night regarding expanding Meridian City Council from four to six seats. We have unofficial results that I got from the Ada County elections webpage with yes -- 57.62 percent voting yes and 42.3 percent voting no. Moving forward, Ada County will canvas these votes I believe at their May 25th meeting and, then, send us the official copy when they have canvassed the votes. We don't have to canvas the votes at Council meeting, but that's what their process will be moving forward. Meridian City Council May 22, 2013 Page 6 of 43 De Weerd: Council, any questions for Madam Clerk? Bird: I have none. Rountree: I have none. De Weerd: Just for those in attendance if you were curious as to next step, the vote that was decided by our voters, our election yesterday, the two seats that will now be added to our City Council will be elected in November during the regular elections. One seat will be elected for a four year term and the second seat will elected for a two year term. So, there will be three seats at each election that are being determined. So, stay tuned. That will be, then, in November. B. City of Meridian Scholarship Presentations De Weerd: Our next item is my honor to recognize four outstanding seniors and this is always when I get emotional. Certainly we had a number of applicants for the City of Meridian scholarships and this scholarship is supported thirough the sponsorships of the State of the City. So, these are funds that are through sponsorships by businesses in our community. It is an investment in our youth and I will tell the four youth that we will be recognizing here is you have invested in our community and we will greatly appreciate that and we hope by helping to invest in your education -- now, this is not a bribe -- but we do hope that you come back to this community after you have gone off and pursued your education, so you can your raise your family and find your career in this community and call it home for you and your family. Now, just to give an overview of these scholarships, the City of Meridian is offering a thousand dollar scholarship to four of these students who will be graduating or have graduated. I think three of them, although, graduate on Saturday. So, I will be watching you walk across the stage. These are based on -- these young people were selected based on criteria, including service to others, academic merit, and personal growth as a result of community involvement. So, as I -- I will first read a description of each of the students and, then, I will ask the student to come forward. I won't make you stand up here the whole time while I say wonderful things about you. So, we will start with Katherine Fleming. She is graduating from Meridian High School. She has a 4.05 weighted GPA and is said to be a hard worker who leads by example. She was president of the National Honor Society and was involved in TRIO and Idaho Drug Free Youth. She was also instrumental in bringing back her school's homecoming week activities and parade. She participated in many volunteer activities, including the Buddy Walk, the Race for the Cure, Rake Up Meridian, Red Cross Blood Drive, and others. She has especially been engaged in the Meridian Food Bank Packs for Kids program. She is also active in her church's youth ministry and lends her voice to her school's varsity choir. She will begin college in the fall and intends to pursue a career in social work. If you will all join me in congratulating Katherine Fleming. Now, I -- so, Katherine, you being the first, I do have just a congratulatory certificate here that -- the check itself will be mailed to the school and I think you already know that, but -- and I'm not even going to give this to you to take Meridian City Council May 22, 2013 Page 7 of 43 home, because we need to correct something on it. But this says: In recognition of your high level of community involvement, academic merit and outstanding leadership potential and, again, I hope you all understand there is an invitation and an expectation to come back. So, congratulations. (Pictures taken.) De Weerd: Okay. Our next student is Melissa Dotts -- Goetz. Sorry, Melissa. And you did such a -- you know, this amazing young lady -- I just have to say I recently went to the award ceremony for the FFA and I will tell you if you have never been to one of their award ceremonies you will have faith in the future of our country with these young people. They run an outstanding meeting and Melissa blew my socks off. She can not only talk really fast, but she has a great sense of humor, great presentation -- I think she kept us all entertained all evening long. Okay. So, with that said, Melissa is also graduating from Meridian High School, although she spent the majority of her high school studying at Renaissance High School. Melissa will start college this fall to study pre-veterinary science and with the goal of becoming a veterinarian. She has also been an active member of the Meridian community through her involvement in Girl Scouts, 4-H, the Meridian Lions Club, FFA and the National Honor Society. She excels at horsemanship and has performed community service while serving as a teen rodeo queen. Despite all of her extracurricular activities Melissa maintains a heavy academic load and earned a 4.1 weighted GPA. She is said to work diligently to excel in all that she does, is high energy, and is described by others as humble, compassionate, and giving. If you will all join me in recognizing Melissa. (Picture taken.) De Weerd: Our next awardee is Mikayla Payne. She is graduating from Renaissance High School. She is looking forward to beginning pre-med studies in biology at Idaho State University this fall with a goal of becoming a physician or a physician's assistant. During her school years she was involved in her school's Real Club and National Honor Society and also assisted with both our Boise and Meridian firefighters with fundraising activities for their burn out funds and other charitable causes. She has volunteered at a local assisted living center and is currently completing a CNA program that will help prepare her for future medicine. Remarkably, she is graduating from high school with a two year associate's degree already under her belt and a 4.3 weighted GPA and as if she wasn't busy enough with her academics, she has coached youth gymnastics for four years at Danick Gymnastics. This is amazing and please join me in recognizing Mikayla. (Pictures taken.) De Weerd: And I think that this is the first graduating class at Renaissance that is graduating with a two year associate's degree. So, it absolutely is amazing. It's a great program that our school district has offered to our students and being a frugal parent, I would have appreciated that of my own youth, saving two years of college expenses. Meridian City Council May 22, 2013 Page 8 of 43 Now, this last one certainly -- I think several of us know Brett and he is a stand out, as with some of his predecessors in his family and his father. But Brett Wilder is our third graduate in this -- is our third graduate from Meridian High School and he has an impressive history of community involvement and voluni:eerism. He graduates with a 4.03 weighted GPA and is a member of National Honor Society and has served on the student council. He has also done volunteer work at St. AI's Festival of Trees, Kiwanis, American Red Cross, the United Dairymen of Idaho and many other organizations. He is proud to be part of the sixth generation of his family involved in Idaho agricultural. He has been active in 4-H for the past 11 years and also participates in FFA and, Brett, if I remember correctly, you're not only the president of your group this year, you were also a state officer who will take the reigns for next year. He plans to stay in Idaho for college to study agricultural economics and agricultural education. In the future he hopes to work in agri business or law, with the ultimate goal of influencing public policy as an elected official. And we just added two seats on our City Council, Brett. If you will, please, join me in welcoming and congratulating Brett: Wilder. (Pictures taken.) De Weerd: I'd like to thank the parents. We certainly know that you have busy students, but it takes a special family of support to also help our students be successful. So, thank you -- and, see, now this is when I get emotional. This is my first year being an empty nester, so, you know, I'm even more -- but, you know, hug those kids before they go off to college and thank you for your investment in their future as well. Reading all of their information I know you must be as proud as we are of these young people and the potential they have and, again, I do hope they come back to this community and continue to raise the bar, because we are looking forward to your leadership in this community. So, thank you for being here. C. Presentation of Award from the Council for the Deaf and Hard of Hearing to the Meridian Fire Department De Weerd: Now, our next item is a special presentation from the Council for the Deaf and Hard of Hearing to the Meridian Fire Department for a very special program that they have and so, chief, I will have you introduce this. I probably should have turned the podium, but I would appreciate it if you would turn it around again. It takes someone smarter than the podium. Niemeyer: I'm not going to live down that a Public Works guy just figured this out. De Weerd: I will make certain to let our Public Works director know this one. Niemeyer: Madam Mayor, Members of the Council, it is my honor to invite Executive Director Snow to the podium. He is the executive director of the Council on the Deaf and Hard of Hearing. So, I'd like to introduce him at this time. Snow: Madam Mayor, Members of the Council, it is my great honor to be with you Meridian City Council May 22, 2013 Page 9 of 43 tonight. I really enjoy this setting. I often speak at the legislature and I really like the down home feel that you provide in this venue, so thank you for the invite. It's my pleasure to be with you tonight to present this award. First of all, I'd like to describe for you kind of who I am and what I do, so you have a larger picture of that. The Council for the Deaf and Hard of Hearing is a nine appointed member board, appointed by the governor, and our Council is a small state agency, which you may have not ever heard of and it's probably because of our size. We are one of the smaller agencies out there. DHH is statutorily mandated to work collaboratively with the other state agencies, government organizations and businesses to promote and develop public policy, to promote systemic change by enhancing the quality of life for deaf and hard of hearing people in our state of Idaho. In fact, in Idaho throughout the state there are 150,000 deaf or hard of hearing people. It's a huge statistic. And, unfortunately, many of them are overlooked because we don't quote, unquote, look deaf or hard of hearing. We focus on a variety of things, such as education, housing, employment, and public safety. Throughout all of these different focal points that we have we try to look at how to holistically improve the quality of life for deaf people across the state. One important facet that we do is public safety. The deaf and hard of hearing community is often the very last to receive help in times of emergency and that's nationwide and that's because we are overlooked, we don't look disabled so to speak. Another reason is because there is less media exposure to us. We don't know wha1:'s being said on the radio and TV in times of emergency. We simply don't hear it, so we don't have access to it and as serious situations happen to our community with regard to emergencies, specifically to fire. Let me briefly tell you something that happened in the City of Eagle in 2006 or '7. There was a family who had -- the husband was deaf, the wife was deaf, they had a small daughter and the wife was pregnant. They all four died in a house fire, because they weren't aware that the house was fire. There were alarms in the house, but they were alarms that were only auditory alarms and the four of them did pass. Last year a faculty advisor at Gallaudet University, a very great friend of mine, who is deaf, and her daughter, who is deaf, died in a house fire. They also, likewise, had alarms in their house, smoke detectors, but they weren't adapted for people who are deaf and when equipment isn't there to provide that alarm or that alert lives are lost. The Council for the Deaf and Hard of Hearing is always looking for agencies or organizations who have gone out of their way to improve public safety. For example, the Idaho Bureau of Homeland Security has been fantastic. With regard to that tonight I'd like to specifically honor the Meridian Fire Department. The Meridian Fire Department has taken a huge step forward, great initiative to establish a program of the acronym SAFE, S-A-F-E, Smoke Alarms For Everyone. That program has taken time, commitment and resources, including financial resources, to establish and to administer to provide equipment to people throughout the City of Meridian who have a deaf or hard of hearing person in their home to protect them in case of fire. That program is the first and only program for deaf and hard of hearing people throughout: the entire state and it's right here and we applaud and commend the Meridian Fire Department for their dedication and their interest in saving the lives of citizens here who are deaf and hard of hearing. Now, my personal observation is when there is a deaf event and Meridian's fire department shows up with these alarms, the deaf community stops the party and comes over to their table and says sign me up, I want to feel safe in my home. I have seen it Meridian City Council May 22, 2013 Page 10 of 43 happen. I realize my own personal home is not up to date. My wife and I are both deaf. We have children and I thought, holy cow, I need to get myself signed up for this and not just let other people have access to this. I mean who knows what would happen -- knock on wood. Thank you to the fire department here in Meridian. Because of Meridian Fire Department they are now a model and are setting precedent that other departments are beginning to follow the steps that have taken place here in the City of Meridian and I encourage people who call me frequently and say just follow Meridian Fire Department's model and do there what's happening here. I will now show you the award that I'm presenting and read it to you. Excellence award presented to the Meridian Fire Department in recognition of their excellent commitment to the safety of Idaho's deaf and hard of hearing population by providing fire and smoke detection devices, from the Idaho Council on Deaf and Hard of Hearing, May 2013. Madam Mayor, Council Members, I am glad to recognize the Meridian Fire Department with this award on behalf of the Council on Deaf and Hard of Hearing. Niemeyer: Madam Mayor, Members of the Council, Director Snow on behalf of the Fire Department, we thank you for this honor and it truly is an honor knowing that we are protecting all of our citizens with this fire safety program. I would like to take one moment, Madam Mayor, if I might, to bring up somebody who really is the driving force behind this. So, Pam, if you could come up here, please. I know you don't like this kind of stuff, but I'm bringing you up anyway. While she's coming up I will tell you a little story I had. One of our fire department members -- she's known as the real chief of the department -- she said one day our fire department is a lot like a football team, we have offense, we have defense, sometimes the offense plays defense and the defense plays offense and if those two sides are not working well together we don't have a very good functioning team and I thought about that, went in my office and the first thing I thought of was the Cleveland Browns -- or the Idaho Vandals. One of the two. But it truly is a -- that's agood statement to make and, indeed, in fire service we do have offense and we have defense and the offense are the guys and the gals that you see driving down the road to go to fight that fire or help somebody that's having a heart attack or go cut a car to get somebody out of the car. But equally important is our defense side of the ball and that's our prevention division and the work that the men and women do in the prevention division is trying to protect all of you before that event happens and so in our fire department we need both sides of that ball working well together and working hard and with this program -- this program was entirely Pam Orr. She's our public education specialist. We sent her back to Washington D.C. for some training and education and she came back and her and her boss Deputy Chief Perry Palmer, who is our prevention chief, came into my office and they said, chief, we got a program we have got to tell you about and I thought, oh, okay, went to Washington D.C., what are we going to hear. And as soon as I heard it I knew this was a great program, it's something we are going to carry on for a long time. And so truly I want to pass this plaque off to Pam. This was your effort. The men and women of our department that went out and installed those smoke detectors did a great job, the volunteers that we got from local businesses the graduates from our academy at the police department, all the hard work really paid off and so I give this to you. Meridian City Council May 22, 2013 Page 11 of 43 De Weerd: Well, we certainly appreciate, Mr. Snow, that you have joined us tonight. I apologize that I didn't have -- oh. I apologize that I didn't have you introduce your son. Snow: Oh. My bad. This is my son Zachery Snow. He in a Boy Scout program right now. He's earning a badge to observe City Council government and so why not do it tonight. De Weerd: Well, Zachery, I see that you're very proud of your father, so thank you for joining us tonight. And very eloquently said, Mr. Snow, on your presentation of the dedication of our fire department to our entire community. We do know that we have a growing number of hearing -- impaired. Sorry. But we do want to make sure that we are able to give tools to all of our citizens to give us extra time to make sure that they are safe and that their property is protected. So, thank you for joining us here tonight. Item 7: Items Moved From Consent Agenda De Weerd: Okay. There were no items were moved from the Consent Agenda. Item 8: Action Items A. Public Hearing: MDA 13-009 Walmart Overland/Stoddard by Wal-Mart Stores, Inc. Located Southeast Corner of W. Overland Road and S. Stoddard Road Request: Modification to the Development Agreement to Change the Fencing Type Along the Southern Boundary of the Site from Eight (8) Feet Tall Vinyl to Eight (8) Feet Tall Pre-Cast Concrete 1. Amended onto the Agenda: Fee Waiver Request from Applicant for MDA and CZC Applications• De Weerd: So, we will move to Item A under Action Items. Item 8-A is a public hearing on MDA 13-009. I will open this public hearing with staff comments. Wafters: Thank you, Madam Mayor, Members of the Council. The application before you tonight is a request for a development agreement modification for the Walmart. The property is located on the southeast corner of South Stoddard Road and West Overland Road. The applicant requests a modification to the development agreement to change the type of fencing material along the southern boundary of the site adjacent to the residences in Bear Creek Subdivision from an eight foot tall vinyl to an eight foot tall precast concrete fence. The fence is proposed to be constructed as close as possible to the existing Bear Creek Subdivision fence. The applicant also requests a temporary certificate of occupancy be issued prior to the fence being installed, because of time constraints involved in ordering and constructing the concrete fence. As you can see on the site plan here the red arrow is the southern boundary of the site where the fence is proposed. Written testimony was received from Ron Sumner, an adjacent resident. He requested that the development agreement modification be denied unless Walmart agrees to remove the existing vinyl fence and replace it with the precast concrete fence Meridian City Council May 22, 2013 Page 12 of 43 and join all existing residential properties dividing the fences with the new fence. The only outstanding for Council -- outstanding issue for Council tonight is the applicant requests a fee waiver in accord with UDC 11-5A-7B for application fees for the subject development agreement modification and subsequent modifications to the certificate of zoning compliance and design review application. Staff is recommending approval of the proposed development agreement modification and staff will stand for any questions Council may have. De Weerd: Thank you, Sonya. Any questions from City Council? Bird: I have none at this time. Rountree: I have none. De Weerd: Okay. If someone would turn the podium around before we ask the applicant to come forward. Just protecting you just in case you didn't know how to do it. Good evening. If you will, please, state your name and address for the record. Butler: Okay. JoAnn Butler. 251 East Front Street in Boise, representing the applicant. I have got a couple of handouts for Council that -- some of which we provided to the neighbors at a neighborhood meeting and I will give a copy to -- those are great presentations. First of all, the Council and staff are very familiar with the history of this particular project and property, but I will repeat it just briefly, because I know there are members in the audience here, some of which I recognize from our neighborhood meeting, but some I don't. First of all, this started out -- this property started out towards development in 2007. You might remember a Mr. James Prather and Queensland Acres came to the City Council for retail development approval and his request was approved and subject to a development agreement. He came back a couple of years later in 2009 to amend the development agreement. One condition of that development agreement was that Mr. Prather was to replace, if he received all the property owners' consent adjacent on the south side, he was to replace the existing vinyl fence with an eight foot vinyl fence. Mr. Prather didn't go forward with his development and our client stepped into his shoes in 2011 and we applied to the city for a revised site plan and revision to the development agreement. Really, the revisions to the site plan were to literally turn the store so it didn't back into Bear Creek Subdivision and also for enhanced landscaping along the south property line. In 2011 we worked with our neighbors to see if we could comply with the condition of approval in the development agreement. Could we get everybody's permission to replace the fence along the property line. Based on more than one neighborhood meeting and several communications going back and forth between your staff and us and neighbors, we weren't able to get a consensus on whether or not the fence should be replaced, whether or not -- the height of the fence, anything. And so we came back to the City Council asking to have our site plan approved as staff had recommended and staff actually had recommended no additional fence, just the enhanced landscaping, but the Council asked us at that time to try one more time, to take some time, another 30 days, and go back to the neighbors and see if we could get the neighbors to agree. I think Meridian City Council May 22, 2013 Page 13 of 43 you will remember that that didn't happen and we weren't able to do it, so the Council did finally say, okay, we want you to go forward, but we do want you to put up the eight foot vinyl fence along the -- on your property as close as possible. So, today, now a couple years later, construction is nearly complete. At the request of the city Walmart is proposing to modify this development agreement to substitute the vinyl fence. We appreciated all that the neighbors had to say to us in our neighborhood meeting and to the City Council and especially to the Mayor and we are seeking to substitute an eight foot precast concrete fence in place of the vinyl fence. That's not attached to the development agreement that I know of with your staff -- with your report and what I have provided to you tonight with apacket -- and what we provided to the neighbors at our neighborhood meeting are pictures of the precast concrete fence, which is stamped on both sided. It's a -- and I actually have a sample with me, too, if you would like to look at it. But the neighbors did look at it at our neighborhood meeting in early April and -- and we had a long discussion and the consensus of the neighbors at that meeting was, yes, they liked the fence and they wanted us to go forward with the precast concrete fence and we were pleased to do so. So, since we have made application there have been a couple of questions that your staff received via a-mails and we provided answers to those questions. Ron Sumner was -- who was not at the neighborhood meeting, so I wouldn't recognize him from the -- form the audience if he's here, but he did submit some questions for staff and we replied to them. He also submitted today a letter, which I have provided you a copy of the letter and I wanted to go over that -- that copy of the letter that he sent refers to the Walmart store at Fairview and Eagle Road, so I provided to you on the second page the site plan for that store at Eagle and -- Eagle and Fairview. And, finally, the third picture is a picture of the Stoddard and Overland site as we were starting construction and it shows the fence along the south side of the property. Mr. Sumner in his letter he was concerned about there being two fences, but the situation in Eagle and Fairview is not the same as we have here and that's why I provided you the site plan. The fence at Eagle and Fairview is built on the property line and it was the neighbors -- residential neighbors to the south that built their fences not quite to our -- it was a gap that was created -- that small gap was created by the neighbors, because they didn't build all the way to the fence line. At our Stoddard site, because the gap would be on Walmart's property, as we told the neighbors at the neighborhood meeting, we would be laying down seed barrier fabric to keep that -- the weeds at bay -- anything at bay. What you -- what you saw -- well, the reason I provided that picture of the site prior to construction, just as we were getting started with the construction, is what you can you see is people are putting lawn waste over the fence onto their adjacent property and if that practice doesn't continue, I think the weed barrier will do just fine and will prevent that from happening. Mr. Sumner, who I -- as I mention he wasn't at the neighborhood meeting, so he doesn't have the benefit of some of the -- some of the discussion from that neighborhood meeting and to our knowledge he doesn't represent the neighbors along that -- our southern border, but he's asked you to deny the modification unless Walmart apparently -- at Walmart cost -- I guess that's his implication -- removes the existing vinyl fence and ties all of the side lot lines to the existing fence. We hope you don't deny the modification, but if you did deny the modification as requested, obviously, we would be back to the 2011 decision and we can live with that. But we are happy to go forward with the precast concrete fence and Meridian City Council May 22, 2013 Page 14 of 43 the discussion I'm referring to that Mr. Sumner may not know that we discussed at the neighborhood meeting is that we did tell our neighbors that if they wanted to -- we suggested that they hire acivil -- civil engineer and/or a surveyor -- somebody that could advise them as to what -- what legally would be required for them to take down their fence and extend their lot lines and -- to the fence that Walmart would put up and Walmart was absolutely willing to listen to any reasonable proposal from the neighbors that they collectively came up with. But it would at this point have to be at the neighbors' time and cost. We have tried -- and I know this Council has tried repeatedly to try to pull a consensus together of the neighbors and that hasn't happened today, but -- so we -- you know, we are just about finished with the construction -- the construction of the fence has to happen now if it's going to happen at all and so we hope that we can go forth and get that done for the city and for our neighbors And, again, we will -- if the neighbors can collectively come together with any kind of a proposal that is reasonable to take down that fence, extend their lot lines, we are more than happy to listen to that. So, we are asking you to, respectfully, approve the application this evening. As staff mentioned, we are also asking the Council to refund the application fee for the 2013 application. You know, the applications were made after we received land use entitlements and after we received building permits and we are being asked to install about 1,300 feet -- linear feet of precast concrete fence, which is a very large expense. So, again, we are asking for that refund, along with the approval tonight. And I will answer any questions or go through the development agreement modifications. I knew that your staff has looked at it closely, but if you need me to review that with you I would be happy to. De Weerd: Okay. Thank you. Council, any questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Just a comment. You have put it very gently, but I don't remember whether it was under the current ownership or the previous ownership. There have been many many attempts to get that whole line of neighbors to agree on something and we have gotten to this point, because some of them just aren't going to agree to anything and some of them would let you come on their property to help take their fence off if you sign certain liability waivers and all that sort of stuff. So, I think what we have come to is probably about the only thing that can be done there. I guess my question would be -- you have said that there won't be the kind of gap that shows in the picture of the -- the other Walmart, but I'm just thinking how do you construct that. There is probably going to end up being some gap, even if it's six inches or so and I guess my question is would it be possible or wise that every hundred feet or so put a door or a gate or something in this fence that would allow some access if there were an emergency need to get into that space or -- or is there really going to be no space? Butler: That's misleading. There will be a gap because there has to be -- there are footings for this. concrete fence, so there will be a gap. The gap is on Walmart property. Meridian City Council May 22, 2013 Page 15 of 43 Unlike the picture that shows where that gap is not Walmart property. So, Walmart will maintain its property. That's why I said that they will lay down weed barrier and also -- they also talked about using environmentally friendly herbicides in that area that can maintain it. I don't know the answer to how it can -- I personally don't know how it can be constructed in that gate kind of fashion, but as we are listening to some public testimony tonight I can place a call to the civil engineer and see if I can quickly get a answer to that question for the Council tonight. If there is anything that -- we'd appreciate your comments. De Weerd: Well -- and I would agree with that, because you lay a weed barrier down and weeds grow on top of it and maybe they won't come up through it, but with sediment in the air and all of that, it provides a nice little area for weeds to grow. So, I would be curious, too, as to how they would maintain that. So, would appreciate while we take public testimony that you see what you can find. Butler: Will do. De Weerd: Okay. Any other questions from Council at this point? Rountree: I have none. De Weerd: Okay. Thank you. This is a public hearing and if you signed up when I call your name if you would like to provide testimony at that time, please, come forward. Robert Leonard. Welcome. If you will, please, state your name and address for the record. Leonard: My name is Robert Leonard and I live at 636 West Davenport. De Weerd: Thank you. Leonard: Okay. I want to thank the Mayor and City Council for this time and I know there has been a lot of effort by certain people here to come up into the neighborhood, look at the neighborhood and we really appreciate that effort and my only concern is -- and it's very simple and it sounds like it's going to happen, is that this wall be put up, it's a sound abatement wall, it will make livability much better than we have today and as far as anything else, I could care less. I just want to see the wall, because it's a big expense to the people to put it in and I'm very grateful for that. Thank you. De Weerd: Thank you so much. Ron Sumner. Good evening. If you will, please, state your name and address for the record. Sumner: My name is Ron Sumner. I live at 498 West Davenport Street. And I appreciate your time and attendance tonight. Certainly appreciate the comments that David had regarding the potential for safety, because although I also am encouraged to have Walmart want to put in a much -- better quality fence, I am extremely concerned about having the city recognize and honor building an obvious severe safety hazard. If Meridian City Council May 22, 2013 Page 16 of 43 a child were to get back there there is no way to get out and he would die. This is not something that anybody I would think would ever want to approve. And even if Walmart had to physically come to all the homeowners along that row and request that they want to remove the fence, I think they would get a hundred percent approval. Nobody has ever came down and talked to all of the homeowners from Walmart or from any of the development site. So, I encourage you to put a stipulation in their agreement that says Walmart can build their concrete fence and be honored to do so if they will remove the old fence. Do not create a safety hazard. De Weerd: Any questions from Council? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I appreciate the concern that you have and we have had this concern from the start and it has come up many times during the conversation and I hear you say that you believe all of the other homeowners would agree to it, but that hasn't been our experience. The reports that come back to us, not only from the developers that have been in this project along the way, but also from representatives of your homeowners association, they have come and testified previously that they couldn't get any agreement among your neighbors and I share your concern, but the difficulty is I don't think it's as easy as you're making it sound to get agreement among your neighbors that we can force the developer to come on their property and remove the fence. Sumner: Well, that may be true. The cost of even one accident is something that I don't want to bear the rest of my life, even though I don't have that much more of my life to go. Walmart claims that they are going to build the fence entirely on their property. If that's the case are they willing to sign a document where they abandon all the property to the south of their fence and allow the homeowners -- without having to go hire civil engineers and surveyors to come out and figure out where in the heck the property line is at. That's insane. If they would say we abandon that property after the fence is built, you're free to do whatever you want over there, then, I will extend to the wall my fence and remove my back wall. I do not want to have that safety hazard on my property. I would not sleep well at night knowing I did that or allowed that to happen. And I don't think the Council would sleep well knowing they allowed that to happen. No matter what they have to do to make it happen. I thank you for your time. De Weerd: Thank you. Zaremba: Thank you. De Weerd: Lori McBride signed up for. Good evening. If you will, please, state your name and address for the record. McBride: Lori McBride. I live at 2361 South Ice Bear Way, also in Bear Creek. I'm also Meridian City Council May 22, 2013 Page 17 of 43 representing Terry Honeycutt, who lives at 612 Davenport, right along that. So, those are my parents and they are unable to be here. De Weerd: Thank you, Lori. McBride: So, I will speak for both of us. De Weerd: Okay. McBride: You know, I just want to address a couple things. First, I just want to address Walmart's request. I know this is none of my business, but in regard to the request to waive the fees. You know, I was one of the groups that begged Walmart to take another look at that wall and I feel like they have gone above and beyond expense wise and time wise to come up with another fence, as opposed to that vinyl fence and they are doing that on our behalf, because we begged them to do that and it's not that they are coming to you with a new proposal because it benefits Walmart, they are coming to you for a new proposal because we asked them to. So, I did, you know, hear her request that and I would like to speak on their behalf in regards to that. In regards to the wall, obviously, I love the wall, but I as well do have concerns just about that space. I'm like Ron, I totally understand what he's saying, I don't think that that's Walmart's job to remove our fences, but I think that we should be allowed to remove our fence. It's for the safety of our kids. There is a lot of kids back there. Again, I love the fence, but I think we should be allowed to remove our fences. The other thing was -- you know, she mentions often the previous meetings that Walmart had with us and at the last meeting we were told that it would be our homeowners responsibility to maintain that space. They were adamant that they would not be maintaining that space, with the exception of applying a weed abatement, you know, paper. So, if that's the case, I either would prefer something in writing saying that that's going to be Walmart's problem to maintain or that we have something in writing saying that the homeowners have access -- can access that property in order to maintain it, which, again, would probably mean being able to take down our vinyl fences, so that we can make sure it's not weedy and full of rats for our kids playing in the back yard. I think that's it. Thank you. De Weerd: Thank you, Lori. Terry Honeycutt signed up for. Okay. Okay. Thank you so much. Those were the four people that signed up. Is there anyone else who would like to offer comment on this? I didn't mean to twist your arm. If you will, please, state your name and address for the record. Pettengill: Ray Pettengill. I live at 464 West Davenport Street. De Weerd: I'm sorry, can you just say your name one more time? Pettengill: Ray Pettengill. De Weerd: Thank you. Meridian City Council May 22, 2013 Page 18 of 43 Pettengill: Okay. Appreciate this opportunity to talk. I do support the wall as it is drawn up now. The vinyl fence would never have flown in the first place and that, but like all the others, there is a concern of the space in between, but it would be small. But I believe that space is not ours, it belongs to Walmart. If I'm wrong then -- and they are liable for that space in between, so -- but we do have an alternative as an option to go in to coop that space into our own property. So, I think from the last meeting I think everything went well. We finally got a consensus amongst, you know, the neighbors that they love the wall and that, even though, you know, there is some problems, but we have an option to take care of it ourself and that. So, I'm in favor of the wall. as it stands and I think it's going to go through anyways, but just like to, you know, put my two cents worth in there and say that let's just proceed and finish it and get this thing done and, then, we can finish what we need to do as far as neighbors and, you know, helping our neighborhood out in keeping our property values up and that. I appreciate it. Thank you. De Weerd: Thank you. Hoaglun: Madam Mayor? De Weerd: There is a question. Hoaglun: Madam Mayor -- Ray, I do have a question for you. I just want to make sure I understand correctly. I heard JoAnn say, you know, if you took down your fence and maintained that property, you could go and get a civil engineer and make sure of -- survey the property line and, then, you could work out a deal that I would assume it would become your property. But I heard you say that you could take down your fence, maintain the property, and it's still Walmart property, but you can take down your fence and take care of it and they are fine with that. Pettengill: No, I didn't -- Hoaglun: Okay. I wanted to make sure. Pettengill: I did talk about, okay, is it a fact that we would have to hire our own -- whatever. You know, civil engineer or whatever to, basically, map it out and, then, basically, they would cede it over to the owner. Which would relieve them of their liability of that -- that piece of property, but even though, as Mr. Sumner said, you know, he feels a responsibility, but the liability for that little piece of ground right now belongs to Walmart, if I understand it right. Hoaglun: Correct. No. You're right. I just want to make sure I heard you correctly, because it was a little different than what JoAnn said, but you set me straight on that, so -- Pettengill: But we do have an option to, basically, obtain that ground. Meridian City Council May 22, 2013 Page 19 of 43 Hoaglun: Okay. Thank you, Ray. Appreciate it. De Weerd: I do have a question as well and I meant to ask it of any of the previous ones, but who -- I don't know if we have ever gotten an answer to who owns that fence. Do you guys own the fence or does your HOA? Pettengill: The individual property owner. De Weerd: Okay. Pettengill: There was some misrepresentation and the whole process is really muddied -- muddled. About -- De Weerd: I know. We have heard all of that. So, that's why I'd just ask if we had determined who the owners were. Pettengill: Okay. De Weerd: Okay. Thank you. I would need you on the record, so -- but if -- Pettengill: Okay. Thank you. De Weerd: Thank you so much, Ray. Okay. Any further testimony? Okay. Yes, please. Good evening. Allen: Good evening. My name is Shane Allen at 730 West Davenport. De Weerd: Thank you, Shane. Allen: I just really wanted to speak to voice everybody's concerns about the safety issue. I do appreciate the fact that Walmart has gone back and proposed a concrete wall. I think they could have forced our hand and just put up the vinyl fence and let it be. But I just wanted to -- you know, as a new member of the community I think there is actually several of us that are new on that street, so using that historical information about meetings that have been had in 2007, 2009, 2011, that didn't involve many of the new homeowners of that street, so I just want that to be known and on record that there are a lot of new homeowners on that street that don't have the history there and now we are having to deal with the potential issue -- a safety issue of -- you know, I have small kids and I agree with -- with Ron, I believe, what he is stating is, you know, if my four year old got stuck behind there who knows if he could get out or not. I mean he's pretty crafty, but I don't know -- I don't know that he could scale the wall. But I do believe it is a concern, not only to the kids, but even animals, because there is a common area, a pump house. I live right where that -- where the wall kind of comes at an angle towards Stoddard and so there is a common area there where there is a pump house and, you know, animals -- dogs could go in there and get stuck, you know, if the dog got turned -- or couldn't get turned around. It all depends on the space that's going to be between Meridian City Council May 22, 2013 Page 20 of 43 our fence and the concrete wall. So, I just wanted to voice my -- my opinion of the safety concern that I have with -- with the others. De Weerd: Thank you very much. Any further testimony? Okay. JoAnn. Butler: JoAnn Butler. First of all, just to -- to first talk about maintenance of that gap, that is -- that would be Walmart property that is up to us to maintain and so if somebody heard that we were suggesting that the neighbors had to maintain it, that was not -- every property owner has to maintain their own and we would as well, so -- and with regard to the concept of having the homeowners -- I had this issue in my -- in my personal home when we moved into a lot that abutted a couple of neighbors and the lot line was wrong. The fence -- the fence was off from the actual lot line. And so what we did is we -- we had a surveyor actually create a legal description for what were sort of triangular pieces for each neighbor and, then, get it to the neighbors so we could kind of clean up the lot line and that's what we are talking about here. Lori McBride says that she is determined that the -- since the fence is owned not by the homeowners association, but each individual lot owner -- that would be great, but we'd still have to deal with each individual lot owner and they would have to provide a legal description for that little piece, so that we could actually do that and we wouldn't want to do that. We wouldn't want to abandon the property, we would want to deed it. We wouldn't want to abandon the property, we would want to give it to somebody so they -- they had it and so on. So, it would need to go through that exercise and so each property owner would have to go through that exercise and, obviously, that's if everybody does it all -- all together. And that would allow them to, then, remove the fence. I would not -- you know, if people just removed their fence and, then, used that part that wasn't their property, you could run into -- it could become a law school exam. And so you don't want to do that. You want to make it nice and clean and something deeded over to people, so that they have that access and it becomes part of their property. So, we hope that they can do that, work together, host this and -- and as I said, we will listen to any proposal. I did have the opportunity -- I appreciate everybody's concerns about maintenance and safety and so I was able to reach Nick Taylor, who some of you know, from Pack Land and he has been before the Council before and he said, yes, they -- probably there is a way to put a door in there, so that, you know, periodically or every so often access could be gained there. So, what I would suggest is if the development agreement as you have it is generally fine, that last exhibit to -- that was on the screen that had the fence, that one that is attached to the development agreement, I would suggest that we -- we hold that until we can bring a revised drawing to staff for staff to review and to provide that -- or attach that to the development agreement. That should address those concerns, so that Walmart can get in there and continue that maintenance. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Before you go on -- and I will let you go on, but since I raised that subject Meridian City Council May 22, 2013 Page 21 of 43 myself, I will comment on it again. To me that would only work if the current property owners fences stayed in place. If -- if they remove their fence, then, having a door or a gate in it isn't as good an idea. De Weerd: Yeah. No one is going to want that door behind their house. Zaremba: Yeah. So, I am having -- Butler: Well, one of the things the civil engineer said to me was it would have to be a locked door. Zaremba: Oh, absolutely. Butler: And, I don't know, but I'm imagining it made of material that is the fence material somehow, so that you're not having an esthetic problem as well where -- because somebody was thinking they don't want a door that anybody can walk through or can see through that, you know, may be an issue. But I would imagine it being somehow made out of the same material. Zaremba: If I may, Madam Mayor, that the second thought on that would be if there is going to be a door and if the original fences are going to stay in place, I might suggest making that gap a little bigger. Maybe it's 18 inches. Then if you had to use the door to retrieve a dog or a child you would have room to do that. Just I thought. I don't want to redesign your project, but -- Butler: And I appreciate the thought. Probably a ripple effect there with the landscaping and everything else, but -- De Weerd: Okay. Zaremba: Just throwing out ideas. Butler: Appreciate it. De Weerd: Any other questions from Council? Butler: And Idon't -- I think I answered -- De Weerd: Not to make it more complicated, please. Butler: And I think I have answered -- I think I have answered most of the issues, I hope, that the people -- that folks raised. De Weerd: Okay. Butler: So, we are willing to work with staff to, you know, look at that design and bring Meridian City Council May 22, 2013 Page 22 of 43 that back. It would be -- it would happen fairly quickly, because of the ongoing construction. Thank you. De Weerd: Thank you. Sumner: Can I approach the table again? De Weerd: Yes. But, then, JoAnn will have to approach again. Sumner: Again, my name is Ron Sumner and first I'd like to say that back when Prather owned that property and he was talking the development, he was going to replace the existing fence with his fence. So, it's only since Walmart has came on the scene that this dual fence has become an issue. That's a recent thing. Not something that's been going on for many many years. Secondly, putting a door in that fence -- albeit it would have to be locked -- would do absolutely nothing to resolve the safety hazards. If a child fell back there, hopefully you would be able to go find somebody that had a key to unlock that door within the next day to get that kid out. That is insane. It just does nothing to do that. Third point. Walmart seems to think that they can throw back onto the homeowners the necessity to go get a surveyor to redraw a plat map, rather than use the plat map that are on file with the city to figure out some way to deed a little strip of property, instead of leaving a spite strip. All of this appears that they keep wanting to delegate it back to the homeowners who had nothing to do with this development. We are on the bad end of the stick all the way through. We have had homes that were severely damaged by the construction. Now they are getting damaged again by this fence and how they want to install it. De Weerd: Ron, I think that -- and I will ask our attorney to correct me if I'm wrong, but in order to transfer title you have to have a survey. Sumner: I don't want -- De Weerd: Well -- Sumner: All I want is they say you have use of the property up to that fence. I don't care who owns it. I don't want to own it. De Weerd: Okay. Sir -- but my point is -- is if they are liable for their property and now it's open to your backyard and something happens on that piece of property, they are liable and I understand why they wouldn't want that liability, so -- Sumner: Then they should pay for the survey necessary to get it done and not buying into the safety hazard that's going to live there until somebody gets hurt. De Weerd: Okay. Hoaglun: Madam Mayor, I have a question for Sonya. Meridian City Council May 22, 2013 Page 23 of 43 De Weerd: Mr. Hoaglun. Hoaglun: I'm trying to recollect -- did Mr. Prather finish that process? I know he started that and, then, had sold that or the bank took it back, but I remember some discussion about a fence and was it that time we couldn't get the neighbors to agree, as well as the next time we couldn't get all the neighbors on board? Can you -- do you have a recollection of that better than I do? Watters: Yes. Madam Mayor, Councilman Hoaglun, Councilmen, back in 2009 Mr. Prather came in and amended the development agreement. He was trying to cut costs at the time and change the fencing materials from a concrete wall to an eight foot tall white vinyl fence and Mr. Sumner is correct, they did -- he did agree to replace the existing fence. However, we went -- we went around and around with the property owners, the HOA, trying to get consent from everyone to replace the fence and we could not get consent from every property owner, which is what is needed in order to do that. Hoaglun: Great. Thank you. That was my recollection that we agreed to that, that it would be replaced, but the homeowners objected, so that didn't take place then and we tried again with Walmart, so here we are again, so -- okay. Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Any questions for Mr. Sumner? Bird: That's what Iwas -- Ron, is your fence on your property at the edge of the property line? Are you inset or what? Sumner: To the best of my knowledge that fence is on the property line. Bird: To the best of your knowledge or -- from peg to peg you're right on the line? You should have pegs back there to -- that determines your deal. Sumner: If there are pegs back there -- I have never looked for them. Bird: Okay. Sumner: I have owned the property now for three and a half years and never had occasion to look for them. Bird: But if you're on there and if Walmart builds up to theirs and I think all they are going to have off of their -- the property line is part of a foundation, which maybe will be two or three inches, it's not a very big gap back there. Well, I don't like any gaps, but we are not -- we don't have a -- I don't see a gap like that if you guys are on your property line and it fits on their property line. Meridian City Council May 22, 2013 Page 24 of 43 Sumner: If Walmart would agree property line and they could certify, and do what I need to. If they will line, that might be a viable answer. Bird: Okay. Sumner: Thank you. Bird: Thank you. to build that fence immediately on the edge of their that's not a problem. Then I can take it from there stipulate that -- if they do not inset on their property De Weerd: Thank you. I promise this is the last time. Butler: I don't know if there is much more to add. I think that we have designed it so that we are as close as possible, because I think that was the Council's direction to us to make that as close as possible. And other than that no other -- further -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: JoAnn, what is close as possible? How big -- how big is your footings? Butler: And Ithink -- I was just looking for the scale. I don't have a very large -- Bird: I can't read it here, so -- Butler: It's very -- and I will pick up on Councilman Zaremba's -- I will just throw something else on the table to make it more complicated maybe. One of the things that we can always do is go back to the original staff recommendation, which was to leave the vinyl fence and just enhance the landscape, but there wouldn't be two fences. We will try to figure this out internal to the site and -- all of us are in need of cheaters and I'm going to make a quick call to the engineer and see if I can find an answer as well. If that's okay with the Council. De Weerd: I don't know if it's all that important if it's three inches or six inches or if you can build it on the line. Council? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Just a comment. I want to lay out the options as I see them that we have for Council. We are being requested to modify the developer's agreement to replace a vinyl fence with a concrete fence. That would -- there would be some gap of some sort Meridian City Council May 22, 2013 Page 25 of 43 with the concrete fence because of the footers. If we denied that it will be the vinyl fence, which can be much closer to the original fence, but the neighbors don't want that. They want the concrete fence. One option that's not on the table for me is the city doing a taking or a -- coming in and forcing the homeowners to accept a fence on the property line, because that's not something we do and if your government that does that I'd be very afraid. So, if your government comes in and says, sorry, we don't care what you think, we are going to take this, because it's -- that's not a good way to approach things. We tried to do the collaborative approach and it just hasn't worked with the neighbors. don't know why, but it hasn't, and I think we even have the option of saying, fine, neighbors, no fence at all. You guys take care of your fence. That way there is no -- no script, nothing. So, out of all those options I don't think any of them are what I heard from some of the neighbors tonight. So, that's our options. I don't think Walmart is going to the extra expense to put in this concrete fence, they come back after studying the vinyl fence, recognize that -- and that was one of my questions and she answered Walmart will maintain -- do the maintenance in there, not the neighbors. I don't have a problem with -- and they are willing to title that over to the homeowners and it's not going to be a big expense, why wouldn't -- why wouldn't the homeowners do that? And to say, oh, you know, we know you get done the fencing and you're going to this added expense and all this, Ijust -- I can't even go there, so -- but the option's before us. Concrete or vinyl. So, it doesn't leave us with many options, although I have identified two more and that's no fence or a taking, which is not going to happen for me, so -- Wafters: Madam Mayor, if I may. Another option -- and I don't know if they would want to go there -- but another option maybe to give the abutting property owners a date, you know, by this Friday or whatever to turn in a consent, you know -- and it has to be unanimous -- to replace their existing fence. You know, Councilman Hoaglun questioned me before on that and I don't know that it was necessarily that the property owners did not want the fence replaced, but they -- they weren't in agreement as to what kind of fence they wanted. They had sent around a petition on -- you know, would you like this or would you like -- you know, would you like this. Would you be in favor of this. And they threw out other options instead. They didn't really directly answer the question. So, to avoid a double fence that might be an option in your motion to do -- you know, do X by this date if unanimous, you know, consent can't be obtained, then, this is the way we are going. Double fence. Anyway, just a thought. Hoaglun: Madam Mayor. Sonya, I appreciate that and I think what the last speaker Shane had mentioned that there are new people there, but at the same time we are delaying a fence that needs to be built -- should be built, Walmart's willing to build the eight foot fence, you know, that's -- that's -- it's a tough call. Thank you. De Weerd: Mr. Rountree. Rountree: Madam Mayor, thank you. Question for JoAnn. If she -- we have been here before. Butler: Yes. Meridian City Council May 22, 2013 Page 26 of 43 Rountree: But I did not hear you address the -- there was a comment made that not every homeowner has been asked about utilizing the existing property line or the existing location of the existing vinyl fence. It is my understanding from the previous hearings -- multiple hearings and testimony that there was no consensus amongst homeowners. Some were okay. Some weren't. Then the homeowners association chimed in and said, well, they can't say, because it's ours and now we hear tonight that it's individual property. So, please, help me understand what the applicants have done with that particular thing and, then, I will have a follow up. Butler: And also that the city has done, because I know in 2013, since the Mayor's been involved and Ken Corder from your office and whatnot, the neighbors -- there has been meetings with the neighbors from -- directly with the city. Starting in 2011 -- of course, notice goes out to all of the neighbors and especially within 300 feet. So, everybody along the property line was noticed about neighborhood meetings. We sent letters. We worked with the homeowners association president at the time, treasurer at the time and the architectural committee member that was Mr. Balkovetz, Rafael Osario and David -- whose name I can't remember right now, but I have it if you need it, and at that time, too, there was -- the homeowners association was saying you can't touch the fence, it's our fence. Some of the association -- some of the individual members said it was their fence. It maybe has been resolved that it's the individual homeowners' fence. I don't know. We had at the time from the neighbors along the fence line we had a split as to the type of, concrete, vinyl, the height of the fence. Some people didn't want a fence. Some people wanted it eight feet, some people thought that the wind would take an eight foot fence, that it was not a good thing. We had husband and wife that wanted different things, it got a little dicey from that perspective, too. So, it was all over the board and -- but, yes, the individuals within the homeowners association offices and Walmart have reached out to the neighbors to try to make that happen. So, yes, we have been here before. Did I answer your question? Rountree: Yes. And we also asked the homeowners to get some consensus among themselves at least twice and never received anything clear from them, so I'm not sure if we are ever gong to get to that point. What's -- what's a drop dead date if there were some timing conditions placed on whatever our action is -- I mean if we again ask the homeowners if we can get something by the end of next week or tomorrow or 9:00 o'clock tonight or whatever. This could be a condition or that could be a condition. Butler: I will try to convey this and perhaps Mr. Nary when he comes back can add to this, because one of the reasons that we started this back in 2011 when we were in the land use entitlement process to try to get that is because this is no small process, to get people to agree to take their fence down we have to reach an agreement with each person that we can temporarily be on their property in case there is any problem with the construction. We would have to get a survey if we were to do this. So, there is a lot -- there is a little documentation that you have to do and it would take time. Once building permits have been issued and construction has been -- and I think you folks more than most know what that freight train is like. It's just going -- gone and we are at Meridian City Council May 22, 2013 Page 27 of 43 -- we are at that point. We are virtually finished with construction and it -- ordering a fence -- just ordering the fence took -- will take two months in asking the manufacturer to produce it and get it shipped to site, which is why we know that we have asked you to include a temporary C of O, because it's likely that we are butting up against the store opening. So, it is -- this is the point. So, to ask for -- to delay again -- which is why we got to the neighborhood meeting, we knew we had these pressures from construction and whatnot. The only thing we can do is say given everybody's past experience all we can do is say we are willing, we are ready, we will listen to any reasonable proposal, but we have to put it on you to come together and do it. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: JoAnn, does it change the equation a bit if we say that the eight foot fence proposed precast concrete, certificate -- temporary certificate of occupancy is in line and now it's just a matter of is it going to be on your property or is it going to be right in the middle, one fence shared. Does that help knowing that you know the type of fence you're going to have, because the neighbors are fine with that that are here and knowing that you can't open -- although there will be no fence in operation, probably capping, where are you on something like that? Butler: I can only -- I can repeat some of the conversations I have with the construction folks and the project managers. The enhanced landscaping has been ordered and will be delivered and there is no way to stop that and so the landscape has to go in and the fence has to be in place so it can go in. So, there is that ripple effect. Hoaglun: Thank you. De Weerd: Okay. Council? Rountree: I have no more questions. De Weerd: Okay. Zaremba: Madam Mayor, we haven't discussed the fee waiver aspect. De Weerd: Okay. The public testimony is closed, unless Council needs further testimony. Okay. You can ask the applicant if you would like. I'm sorry. Mr. Zaremba, if you would like to bring that for discussion, certainly. Zaremba: Okay. I will start. That's something I always struggle with. There is a purpose for the fees. It's not just a random number that we ask for. The purpose is to defray the cost of the staff and equipment and time and expertise to process applications like this. On the other hand, we keep going through the same issue on this property, precisely because the neighbors can't agree on anything we are doing and Meridian City Council May 22, 2013 Page 28 of 43 that's not the applicant's fault. So, I do have sympathy to the possibility of waiving the fee. So, I'm not helping, but I could go either way on that. De Weerd: Well, Mr. Zaremba, Iwould -- I know that we have testimony from Mrs. McBride about the fee waiver. Certainly Walmart reached out back with the neighbors and brought this option, because there is still a lot of concern about the vinyl fence and they found a compromise and what I heard from the neighbors is there is some concerns about other elements of the fence, but not the fence itself. I think there has been good appreciation and I see consensus about the fence. Maybe there is other elements that there is disagreement on, but this has been brought to you because it's a compromise and it's because Walmart is responding to the concerns of the city -- or the citizens and so I would be in full support and I know I don't vote, but I would make a recommendation for the fee waiver as our part of it and I can tell you that if you -- if we weren't here today we would spend more of staff's time by not being here today. Zaremba: I can buy that. De Weerd: Okay. Any other discussion from Council? Rountree: None at this point. Bird: Not at this point. De Weerd: No further questions for any of the citizens, the applicant, or staff? Okay. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move we close the public hearing on MDA 13-009. Rountree: Second. De Weerd: I have a motion and a second to close the public hearing to Item 9-A -- 8-A. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I don't know how many times we are going to deal with this particular issue, but it had an opportunity to be solved several years ago and we took extra measures to get it resolved and it never has been resolved, primarily because -- and not on the part of Walmart, on the part of lack consensus amongst the neighbors. They don't Meridian City Council May 22, 2013 Page 29 of 43 understand that probably because they didn't necessarily want something behind their homes. Unfortunately, we all have to deal with development and particularly development that's allowed on particular pieces of property. Tonight this hearing is about a request to change the development agreement. The development agreement is a binding contract between the city and the developer. They don't have to be here. They don't have to ask for this change and that's all they are asking for and that's all this hearing is about. There is a vinyl fence that's already approved or the concrete fence that they would like to modify to respond to the concerns that the neighbors have apparently reached some consensus on. I think it's a legitimate response on the part of Walmart. I think they have done everything they can from an engineering standpoint to address the type of fence, to try to accommodate both the visual, as well as the potential sound impact of the facility behind them. With respect to the solution, the solution rests with the -- with the residents. If they had consensus to utilize the property line to build a fence it would be done as near as I can tell from what Walmart has said. That hasn't happened. They are in the process of moving forward. They could be building the vinyl fence right now and if we don't act on this particular request this evening that's exactly what's going to happen. I particularly -- I personally support the change request and I support their request to waive the fees and to move forward. Whatever the homeowners wish to do with the property that's left, that door has been opened for them. Walmart is committed to maintaining that piece of property. That's on record. That's part of this hearing. That's something the city can do to exercise our authority to make sure that the maintenance happens. So, that's my position at this point. De Weerd: Mr. Hoaglun. Hoaglun: Madam Mayor, I'm ready to make a motion, if there isn't anymore comments. Bird: Go for it. Hoaglun: Madam Mayor, I move approval of MDA 13-009 to modify the development agreement to substitute the vinyl fence for an eight foot precast concrete fence to be placed on Walmart property. That we also issue a temporary certificate of occupancy prior to the fence being installed and that all fees be waived or reimbursed for this DA modification, CZC, and design review application and also I would encourage the neighbors to clean up title to the property. If there is any hazards present that they get that taken care of. Bird: Second. De Weerd: And that last part was part of your motion? Hoaglun: It was encouragement. De Weerd: Okay. Meridian City Council May 22, 2013 Page 30 of 43 Hoaglun: I'm trying to be positive. De Weerd: Council, any discussion? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: I do appreciate the neighbors being here tonight and for finding consensus. Now, the challenge is -- or the ball is in your court to find consensus on the fence removal and the property. So, we appreciate you being here tonight and thank you. Item 9: Department Reports A. Amended agenda to read: Mayor's Office: Resolution No. 13- 825: Resolution Appointing Larry Gardner, Ryan Lancaster, Tracy Hopkins, Stephen Lewis, David Ballard, Jo Ann Bujarski, Mica Gale, Jack McGee and Pat Morandi to the Meridian Transportation Commission De Weerd: The next item, since you did take care of item 8-A-1 with that motion, I will move to Item 9-A. Council, in front of you you do have Resolution 13-925 and we did amend the agenda to include Jack McGee and Pat Morandi also to the Meridian Transportation Commission. I do have three of our commission members or new appointees that will be new members once you make a motion and I'd like to introduce them. If at the time I introduce you if you would like to make any comment you're certainly welcome to do so, but to Seat One we have David Ballard. David, stand up. Would you like to make comment? Thank you for joining us tonight and for sitting through to this point. Ballard: Well, my profession is as an attorney, so I can enjoy -- De Weerd: You enjoy the -- Ballard: -- the give and take and resolution that Madam Mayor and Council Members -- Council Member Zaremba, Rountree, Hoaglun and Rice. I appreciate the opportunity to submit my application and look forward to working with the transportation commission. Thank you. De Weerd: Council, so Seat Two is to JoAnn Burjarski. Jack McGee is in Seat Three. Seat Four is Mica Gale and Mica is our youth representative. So, he -- he served with our transportation safety commission, I believe. Steve Lewis is here. He is in Seat Five. Thank you for joining us. Seat Six is Tracy Hopkins. Seat Seven Pat Morandi. Seat Eight Larry Gardner. And Seat Nine Ryan Lancaster, which I'm sure you Meridian City Council May 22, 2013 Page 31 of 43 recognize in the back as well. Thank you so much for joining us tonight and your willingness to serve the city. So, Council, in front of you are recommendations for appointment to -- and they are charter members of the Meridian Transportation Commission. I will stand for any questions you might have. Hoaglun: If we ask them now that they have seen just a planning and zoning issue and knowing that they are dealing with transportation, which is like that all the time, do they still wish to serve, but we won't -- De Weerd: No, you cannot ask that question. I'm sorry. Hoaglun: After what they saw tonight. No. De Weerd: Transportation is easier. If you believe that. Hoaglun: I think they know what they are getting into. Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move approval of Resolution No. 13-925 appointing these new charter members to the Meridian Transportation Commission. Bird: Second. De Weerd: I have a motion and a second to approve the appointments to the new transportation commission. Any questions from Council? Rountree: Yes, Mayor. De Weerd: Mr. Rountree. Rountree: Which department will be supporting this commission? De Weerd: This will be supported through our planning section and -- Rountree: Community Development. De Weerd: In our planning section. Yes. Rountree: In our planning section. De Weerd: Uh-huh. Anything further? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. Meridian City Council May 22, 2013 Page 32 of 43 MOTION CARRIED: ALL AYES. De Weerd: And thank you to the brave for stepping up and for agreeing to serve our community. So, thank you. B. Meridian Parks and Recreation Department: Park Dedication Plaque Update De Weerd: Okay. Item 9-B is under our Parks and Recreation Department and I will turn this over to Jay. Gibbons: Thank you, Madam Mayor, Members of the Council. Of course I'm Jay Gibbons. I'm the parks and pathways project manager. De Weerd: You know, Jay, I saw your name as an elected official last night and I thought, oh, I better check and see if he really ran for a highway district. Gibbons: Different middle initial. Thank God. I got that question from my own brother, too. Hoaglun: Because he wasn't going to vote for you, was that it? Gibbons: No. Happened to be driving through Middleton and saw a campaign sign, asked me if I was getting political on him or something without notice. I assured him I wasn't. I am here before you tonight to give you an update on a parks commission project that's been going on for a couple years now. It has taken some time, it's been -- it's been a struggle in some regards to locate the correct records from many sources, but I bring before you a set of park dedication plaques. This is an update. I'm not looking for any action or anything. But what the parks commission would like to do is get a bronze cast plaque for each of our previously undedicated parks within our current system and there are 12 outstanding and so we have gone through the process of trying to figure out where the land came from to become a park. Was it in partnership with a development company or was it given to the city. Did the city buy it or how. And, then, put that in appropriate language in the beginning and, then, through the Mayor -- and the next was to find a dedication date, which proved difficult once or twice. Once we located that, then, we were able to go through and figure out who the Mayor was, who the Councilmen were, if there was a parks commission at that time and if there wasn't who was the acting parks director in Public Works or the appropriate staff at that time and I would like to address a couple of questions that -- I provided these to the Mayor a couple -- a week ago just for a preliminary look before I brought it to Council to make sure that I dotted the I's and crossed all the T's or what have you and a couple of the plaques have varying numbers of parks commissioners on them. Sometimes there is six and a lot of times they are even numbers. In order to clarify that -- once we located the dedication date itself then -- typically the parks commission has nine members. Well, we were between appointments and we had one -- one parks commissioner Meridian City Council May 22, 2013 Page 33 of 43 stepped off, resigned or finished his term and this happened between the time that we had a new parks commissioner on board. So, sometimes we ran into the issue that there is only six or there is only eight. It's odd, but that's the way it is. We spent a couple months ironing out an interim policy on how to deal with these park dedication plaques in fairness to the parks commissioners or councilmen or what have you and that -- for instance, last summer in June we dedicated Kleiner Park and we had a dedication plaque cast for that project and over the course of time from -- June 9th was the date and we -- that was the date that we dedicated it. We -- that was the date that will reflect current parks commissioners at that time. There were two or three parks commissioners that had -- that had finished their terms in January, February of that -- of last year and we had new parks commissioners at the time that Kleiner Park was dedicated. So, as much as we wanted to include everybody that had been involved in that project over the course of that park's development, just -- De Weerd: Welcome to the creation of the plaque in front of this building. Gibbons: That's why it's taken us two years to get to this point. So, we have them finalized. We have what we think is correct and the next step is to -- to get in touch with the foundry. We used a local foundry here for the Kleiner plaque and I would like to work with them again. They are out in Melba. A family operated business and they have given me some prices. We asked the Council last year for a budget to fund these plaques and so we'd like to -- it's current in this fiscal year and we'd like to get these in place before the end of October of this year, so -- that's the end of my story and Iwill -- if you have any questions or want some more information I'm here. De Weerd: Thank you, Jay. Any questions from Council? Hoaglun: Madam Mayor? De Weerd: Yes, Mr. Hoaglun Hoaglun: As much as you like seeing your name in bronze, on Heroes Park, dedicated August 6, 2008, it has my name. I don't think I came on the Council until September, but -- and I don't know when Councilman Borton resigned. So, I think Joe was still here in August and I came on in early September. So, you might want to double-check that, Jay. I don't know if that's on my certificate. I might have something at home, but -- and, again, I don't know when Joe resigned, but I do remember the Mayor wanted to appoint me sooner, as opposed to later, but I had a trip to go on that -- I was going to be out of town for awhile, so you just want to double-check that one. Gibbons: That's precisely why I'm here before I go forward, because you all have that additional piece of information and history more so than I do with the city, so -- Hoaglun: And I think you just put Councilman Bird on every one of them and you have got that covered, so -- Meridian City Council May 22, 2013 Page 34 of 43 Bird: Not a hundred percent, but -- Rountree: Not on 8th Street. Bird: Uh? Rountree: Not on 8th Street. Bird: Not on 8th Street. De Weerd: I was thinking the same about Councilman Rountree. Rountree: I think that's correct. 8th Street and Storey Park. Bird: I have got Storey. The back part of Storey. De Weerd: If you have any comments or any feedback with corrections, et cetera, please, let Jay know. I think, though -- I know you said you're not here for action per se, but you want to get this rolling. Gibbons: Yes. De Weerd: Because it needs to be done in this budget year. When do you need feedback by so that we can move forward? Gibbons: I'd say in the next couple weeks is fine. De Weerd: Okay. Gibbons: By let's just say -- will be back here in two weeks, so -- De Weerd: Okay. Gibbons: -- on an application, so by the first week in June would be great. Bird: Thank you. De Weerd: Very good, Jay. Gibbons: Thank you. C. Continued from May 7, 2013: Fire Department Emergency Medical Service (EMS) Joint Powers Agreement Discussion De Weerd: Thank you. Item 9-C is continued from May 7th and I will turn this over to our fire chief. Meridian City Council May 22, 2013 Page 35 of 43 Niemeyer: Madam Mayor, Members of the Council, thank you. I'd like to do this one from back here. It will be brief and the podium is not my friend tonight, if that's okay with you and Ralph. De Weerd: It's in the right place. Right position. You don't have to move it. Niemeyer: It's a long distance to walk. Just an update. We did present the Joint Powers Agreement to the Boise City Council. They were the last signing party to hear the agreement presentation. Overwhelmingly the mayor and council supported all the concepts within the agreement and Councilman Eberle did have one point of discussion he wanted to follow up with Steve Rutherford, their counsel, and in talking to Steve today they expected it will be back on their agenda on June 4th. We will have a final draft of all the ideas and thoughts and everything the week before that, so I can get that to your Council. So, what I'd like to do is put this on the June 4th agenda for a final presentation with all the changes made and hopefully get a motion and approval to sign that agreement. De Weerd: And we get to see you one more time on this diagram, uh? Niemeyer: Not just once. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Having had the opportunity to sit with this for quite awhile and read it quite a few times, I'm particularly concerned about paragraph 3 dash -- 3.4.3 and 3.6.3 with respect to a decision to vacate the agreement on somebody's part and in effect give up their right to provide EMS services and 3.6.3 it also gives up -- it gives to the parties the right to sue. I don't like that. I think that on an annual basis we are committing to Council that we may not be a part of it -- it might not be all that bad, because it talks about the agreement term, the agreement is a one year renewable agreement. My concern, then, is is if a party chooses to vacate the agreement in one year is that agreement that they have made to give up EMS services continued beyond the year of -- year term of the agreement they are working under? Niemeyer: Madam Mayor, Members -- Rountree: I don't -- having struggled with it this whole time, I have concluded that I'm not willing to accept that. If we are so distrustful of one another as parties to this that we have to do that to make it happen, I just can't make that commitment. I'm sorry. Niemeyer: Councilman Rountree, I can follow up on the very last point that you made, then, we can go back to the others if you wish. With regard to if you get out of the agreement at the end of that one year term can they get back in EMS. The answer is Meridian City Council May 22, 2013 Page 36 of 43 yes. That provision is in there and that was a discussion point. Part of this really hinges upon what we are seeing in national best practice. I do sit on the NFPA committee that oversees EMS and one of the things that's been lacking nationwide is a foundation of an EMS system. Where I came from in King county up in Washington they have a system and it's through ordinance and it's governed very similarly to what we are trying to do here. You talk about trust and you're absolutely correct. Over the last 30 years there has been a huge lack of trust among the agencies that have provided EMS and that's what's got us in the positions we have been in. As the chief do I see this document changing over time as trust is developed? Absolutely. To your point, if we could do everything by a hand shake and a trust factor, I would do that all day long, because I think that's the right way to do things. So, I do see the document on an annual basis as it comes up for renewal being modified by future councils and future fire chiefs, future directors. But this was a starting point to try and put some teeth into the agreement. I can tell you at the chief and director level with Darby Weston, Dennis Doan, Mike Winkle, there has become a huge emphasis on trust and there is a lot of trust. I'd like to believe that we are not going to have any hiccups throughout the process, but as a starting point to try and get this agreement off the ground that's why the teeth are in that language. De Weerd: Any other comments from Council? Bird: I have none. De Weerd: Thank you, chief. Niemeyer: I will be back. D. Legal Department: Discussion on the Regulations Regarding Fences In Setbacks De Weerd: I have heard that famous saying somewhere. Item 9-D is under our Legal Department. Nary: Thank you, Madam Mayor, Members of the Council. I can think of no better night to talk about double fencing than tonight. We have had a -- we have had aletter -- and Iwill give you a little bit of the back story very briefly. We got a letter from Mill Iron Subdivision from their HOA and one of the members in regards to a double fence concern that they have raised. There is a property owner that abuts the pathway -- you know where Mill Iron is, it's basically at the corner of Black Cat and Cherry Lane. There is a pathway that is actually on the Golf View property that is adjacent to Mill Iron, so the pathway is actually Golf View's pathway, not Mill Iron's, so we have a city ordinance that requires that four foot fencing is -- adjacent to any pathway either has to have four foot fencing or six foot open vision fencing. This particular property has a four foot fence adjacent to the pathway and a six foot fence immediately behind it. The reason for the fencing, from what I understand, is there had been an issue with a dog that has basically left the yard and either bit someone or nearly bit someone and so as part of a Meridian City Council May 22, 2013 Page 37 of 43 resolution of a criminal charge, the person was required to fence off the dog and that's the way they chose to fence it. Clearly that's not the intent of our ordinance, but it doesn't violate our ordinance, since there is actually a four foot fence adjacent to the pathway as required. We don't have any other prohibitions about putting additional fencing in your yard. So, the person from -- from Mill Iron is asking us to consider changing our ordinance and evaluating that. What we don't want to do from the staff level is to just immediately react and create a different problem or different concern of some sort that could occur if we simply just said no double fences. There is lots of different reasons why there are fencing in certain areas and screening and the like along pathways and not in -- so, we want to -- we want to be respectful of the process that we have for the UDC, the process we have to make amendments to the UDC and consider this request. So, what we are simply asking tonight is if you're comfortable with that, we will work with the Planning Department and Caleb and Bruce and allow that process to occur, so they can consider that. Caleb -- one comment was we get -- probably that's the -- one of the areas of our UDC that we get a lot of push back from when people ask, especially along those pathways, because their concerns are all very similar, animals and access into their yards and safety and those types of things. So, it is an area that is certainly ripe for a discussion, we just -- we didn't think we could make a very quick change to the code anyway and, secondarily -- I think Bruce can echo this if he'd like, but that we just simply didn't want to create a different problem by simply just reacting to one situation. There is a number of these types of pathways around the city and access to the schools and school paths and there is a bunch of these, so we do want to be respectful of the request and I will certainly advise the requester of whatever your direction is and, then, we will work through the planning process to evaluate an alternative. Chatterton: Madam Mayor, Council Members, Bill said it very well. We don't want to create more problems by -- there really is not a quick fix to this. I mean one problem that comes to mind is what -- what is a fence. If someone were to put up one of these small decorative picket fences somewhere in their garden in their backyard, is that a fence and should that be prohibited by the -- by the code. You know, it might meet the -- the intent of the code much more than the situation that Bill just described. So, we would like to think about this and make sure that we don't -- you know, take the Hippocratic oath -- all planners take that -- try not to do -- do harm or at least create greater -- greater complexity than we already have. So, as Bill said, we would like to -- like to look at this and reply to the correspondence that we had and see if we can come up with a good solution in our next round of UDC amendments. De Weerd: Any comments from Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Not necessarily this item, but the explanation we got about why the fence is there, it seems hard for me to believe that a legal direction can cause somebody to Meridian City Council May 22, 2013 Page 38 of 43 violate a local ordinance. If I understood you correct, they had to build the fence because there was a criminal issue related to the dog. I -- we got more problems than just double fencing. De Weerd: I don't think they had to build a six foot fence, though. Nary: Madam Mayor, Members of the Council, Council Member Rountree, yeah, these all have to work in concert, because one of the -- one of the issues as raised by the homeowners association is they believe it violates their CC&Rs, which, of course, we don't enforce that, but that's one issue and the question was also raised in the letter is, you know, which trumps which. And the answer is none. You can -- you have to meet what legal requirement may be and you have to meet our ordinance requirements. The problem is -- and I hate to use the term loop hole, it just is a situation -- our ordinance simply requires a four foot fence adjacent to a pathway. It doesn't prohibit you from building another fence in your yard anywhere you choose. You know, if you put up another fence to screen your hot tub or you put up another fence to screen your garden, you're allowed to do that. We don't have any separation requirements and that's kind of where we first started this conversation with our department and planning was, you know, should separation be required or do we only allow one fence -- solid fence in the setback and that's where, again, I think where Bruce and Caleb were both saying we don't want to just simply respond to one situation, we really need to look at how we should react, but they all have to work together. And this is a fairly large yard. I mean they could have built the fence in a different spot and probably met the intent of what the resolution of the criminal case would be, but this is the -- this is the path they chose, but it just doesn't violate ordinance currently as it's written. It certainly does violate our intent and what the spirit of our ordinance is supposed to be, but it certainly -- it doesn't violate the specifics and we don't believe it's a criminal violation to do this. So, we do want to find a resolution that makes sense. As I stated, Caleb said there is a number of times we get push back from people because of the same things you folks all hear, security, safety, those types of things. So, there might be a better way and that's what I think we are just trying to find. De Weerd: Okay. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: And typical of going sideways, it sounds like there may be a side issue that also needs to be addressed and that's how we define what a fence is. As you mentioned, what if somebody gets a bunch of eight foot trellises and strings them together in an effect it may function as a fence and we may also, while we are considering this, need to define what's a fence. De Weerd: I see someone waving their hand in the back. I am assuming that you're a part of this story. If you would like to come forward. I will ask you to say the same thing Meridian City Council May 22, 2013 Page 39 of 43 on the public record if you would. Constantini: Thank you. My name is Sara Constantini. I live at 4558 West White Birch in Mill Iron. De Weerd: Thank you. Constantini: Thank you for bringing this issue up. I appreciate it. The fence is a six foot fence. From my understanding, just to give you a little background of what I know, apparently their dogs -- they have Beagles and they are aggressive. They were -- apparently there was a court order that gave them a variety of choices where they had different options. They could have put a shorter fence -- again, their yard is quite large. A shorter fence back. They could have put an invisible fence down. They chose to put up the six foot fence. They did come to the committee and ask for approval, but it was denied because of the height and it was closed vision. They built the fence anyway. Then when the code enforcement was called out that's when they came in to get their building permit after the fact. Bill Parsons, bless his heart, gave a permit and didn't realize at the time that it was -- all the background going on. But in looking at all the different codes that the city has, there is a part that -- and, you know, we don't care, if you want to put a fence up, knock yourself out, but don't have it adjacent to -- you know, here is the six foot and in the agreement -- the agreement to approving your subdivision, that was part of the -- and it's not necessarily CC&Rs, it's the -- it is part of the CC&Rs, but it's also part of the city code, one being afence -- let's see. And I have it. It says they cannot have -- or people cannot have -- it does not allow four feet of closed vision fence with two feet of open vision fence, which is what they have created. That is not allowed per code. And it is in an agreement before the sub -- subdivision was created with Golf View certain criteria that needed to be abided by, this being also part of it. Their position, from my understanding, is they don't have to abide by the CC&Rs. However, they do have to abide by the CC&Rs. What they are exempt from is some of the ACC, quote, guidelines, because they moved into the original homes that were there after the subdivision was created, so they didn't have to have a certain color of roof or paint, they could have their out buildings. So, the ACC does not comply to that. But their lot -- block and lot is specifically named along that east boundary regarding the fence height. So, that's why we have a problem and why this is all coming up, so -- yeah. Sorry. De Weerd: That's why the HOA boards earn such a big appreciation from all of the residents, I'm sure. Constantini: It's -- they take time and you can't make everybody happy, so -- De Weerd: No. That's -- Constantini: I mean we understand -- we want clarification, you know, what's right for one is right for another and we are not saying -- again, don't put up a fence, don't -- we are not saying don't abide by the court ordered agreement, but if the court ordered Meridian City Council May 22, 2013 Page 40 of 43 agreement has multiple options, then, look at the other options before moving forward and violating government city codes, but this is -- Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: And Bill. If we clarify and we get this straightened out and -- does that give the homeowners association any ability to rectify the situation within their neighborhood? And with a city issuing the permit for them to build a fence, have we created an situation where, well, oops on us, but there is no way to fix it if we resolve the issues here. Nary: Madam Mayor, Members of the Council, Council Member Hoaglun, first, it's not a violation of the city code. I'm sorry, but I would have to disagree. It doesn't violate the city code. As long as there is a four foot fence adjacent to the pathway that is the only requirement and they are meeting that. So, we don't have the legal ability to require that they take that fence down. Even if we change the code, it's an existing fence, so the code won't apply to it, only if they change the fence. The permit was issued because, again, the pathway isn't on Mill Iron's property. So, when planning looks at the request for the fence there is nothing in Mill Iron that would tell our planner that there is a pathway here that you can't move this fence. So, we did issue the permit because, again, it's not on ours, so there is a lot of different issues and why I think we are trying to say -- that's why I think this truly needs a process. I think there is a problem, because we have, obviously, found a gap here between what you can do and what you should do and so -- and we do have push back from a number of people about doing exactly what this person did. So, I think it does make sense to be evaluated, look at whether a change in our code is appropriate, and go through the process to do that. But, again, it doesn't -- we have looked at it both from my staff, as well as our prosecution staff and they both come to the same conclusion, no court is going to require that they remove that fence based on our city code currently. So, that's not an option for code enforcement. We have already explored that. That's not a choice. So, all that's left -- if it violates the CC&Rs, the HOA has ever right to take action if they wish. It doesn't violate our city code, but we think our code needs some review and potentially a change. But that they may not affect this one particular property anyway. Constantini: When the permit was filled out, to my understanding, it said backyard. It did not say pathway. The fencing in the backyard. Therefore, a permit was issued. Nary: It's still not a problem, ma'am. Constantini: When the permit was applied for, which from my understanding, then, at least everything should have been doubled for the permit. You're right, there is a lot of criteria and there is a lot of things going on with this fence and how they located -- where they located it. From Mill Iron's point of view we feel that the permit was issued in error, which Bill Parson stated he went out there and looked at the fence after the Meridian City Council May 22, 2013 Page 41 of 43 fact. He's not legal counsel, so -- but we would just like assistance. De Weerd: Mr. Chatterton? Chatterton: Madam Mayor, Council Members, Bill Parsons actually thought that he did make a mistake, partly for the reason that Bill mentioned that -- that Bill Nary mentioned that it's not shown on the plat. However, taking a closer look at the ordinance with the legal department, you know, I certainly agree with Mr. Nary that this is not a violation of code. It certainly is a problem with the intent of the code and that's why we needed to clarify it. But Bill didn't make a mistake. If he had realized there was a micropath there he might have -- he might have said, yes, there is a problem with this, but it looks like we had to be in alignment as far as how the ordinance was going to be interpreted and we are now, we just know that -- we know what's wrong with the ordinance, I mean there is no violation of the ordinance going on here, but we know what's wrong with it and it does need to be corrected for future instances. Constantini: So -- I'm sorry. So, where the ordinance states this does not allow for four foot of closed vision fence with two feet of open vision fence -- because that is what is there right now. Chatterton: Yes. As Mr. Nary said, there is nothing prohibiting a second fence from being built. From double fencing. Constantini: Every homeowner along there or any area of the City of Meridian where there is a four foot fence, you're stating or implying that they can all, then, butt up a six foot fence right up against it? Nary: Madam Mayor? De Weerd: No. Mr. Nary -- I don't think that we are going to solve this and maybe you can have this in a different venue. I think -- and I understand there is frustration from the homeowners association and not an enviable position to be in, but at this point I think what's in front of Council tonight is how to clarify our ordinance and I don't know if what action is taken will help you in this scenario, but we want to avoid any future scenarios and you have other properties abutting that pathway that once you open the door to it others will say, well, they did it, shouldn't I be able to. So, that's one of the reasons we are having this conversation is, hopefully, closing the gap and having a solid ordinance. So, I would ask that maybe we can have -- you can continue this conversation either after the Council meeting or certainly at another time, but I appreciate you being here. Constantini: Thank you so much. Hoaglun: And, Madam Mayor, thank you for letting us know about it and that situation, because it is -- it helps fill the gaps of why we are trying to do what we need to do, so appreciate that. Meridian City Council May 22, 2013 Page 42 of 43 De Weerd: Yeah. Constantini Thank you. De Weerd: Thank you. Appreciate you being here. So, Council, I think what staff is saying is this is something that they will be working on and what is the expected timeline on it? Nary: Madam Mayor, Members of the Council, I don't know if they have other UDC amendments that are in process, but that was -- ideally we thought we would put this into that process, so UDC amendments -- and we know, of course, you have to go through the Planning and Zoning Commission first and, then, Council. So, I think we are going to identify what the issues are, probably have some conversations with Ms. McGibben as well, and, then, we just have to start identifying where are these going to be impacted, because, again, we don't want to simply create a rule that we either can't enforce or it impacts other people in the opposite way, that -- we were thinking around schools there is a lot of pathways, there is lots of -- there is lots of reasons why we have these the way they are. So, we want to, again, not create a greater problem by doing this. De Weerd: I do remember the intent and that was a safety issue and so certainly we do want to address this and, Mr. Chatterton, do you have an idea of a timeline? Chatterton: Madam Mayor, I believe we could be -- return to you within approximately the next 90 days. We might want to -- given the fact that there is room for abuse here that is -- at least of the intent of the ordinance, and solid high fencing being double fenced, again, I don't know that there is a ground swell of folks doing that, but we do need to shut the door on that and make sure that the intent of the ordinance was being met and we are not creating a greater set of problems. I think we can probably be back here in approximately 90 days. De Weerd: Okay. Anything further from Council on this? Okay. Thank you. Item 10: Future Meeting De Weerd: Item 10 is the end of our agenda and, Council, any items for consideration for future meeting? Bird: I have none. De Weerd: Okay. At this point I would entertain a motion to close -- or adjourn. Bird: So moved. Rountree: Second. Meridian City Council May 22, 2013 Page 43 of 43 De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED At 9:12 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) ~~ ~ MAYOR T~( Y DE WEERD z ATTEST: EE ~Fi~QLMAN, CITY CLERK Co / I ( / ~ 3 DATE APPROVED AUf;~~~ 1 J9 G~ ,~,;.~$/,~ E I ~ I1~ N~ aogeao SF,A~i ~~ ~ y, ti CFA ~~A or ode THE AS~~ Changes to Agenda: None Item #8A: Wal-Mart (MDA-13-009) Application(s): - Development Agreement modification Size of property, existing zoning, and location: This site consists of 16.66 acres of land, is currently zoned C-G, and is located on the southeast corner of W. Overland Road and S. Stoddard Road. Summary of Request: The applicant requests a modification to the DA to change the type of fencing material along the southern boundary of the site adjacent to the residential lots in Bear Creek Subdivision from an 8-foot tall vinyl to an 8-foot tall pre-cast concrete fence. The fence is proposed to be constructed as close as practicable to the existing Bear Creek subdivision fence. The applicant also requests a temporary Certificate of Occupancy be issued prior to the fence being installed because of time constraints involved in ordering and constructing the concrete fence. Written Testimony: Ron Sumner (requests the MDA be denied unless Wal-Mart agrees to remove the existing vinyl fence & replace it with the pre-cast concrete fence and join all existing residential properly dividing fences with the new fence) Outstanding Issue(s) for City Council: i. The applicant requests a fee waiver in accord with UDC 11-5A-7B for application fees for the subject DA modification & subsequent modifications to the Certificate of Zoning Compliance & Design Review applications (a total of $848.00). Staff Recommendation: Approval Notes: Meridian City Council Meeting _DATE: May 22, 2013 ITEM NUMBER• 5A PROJECT NUMBER: MDA 13-007 ITEM TITLE: Medina Sub Findings of Fact, Conclusions of La~v for Approval: MDA 13-007 Medina Subdivision by William & Mary Howell, Meridian Promenade Pl, LLC and Jack in the Box, Inc. Located Southwest Corner of S. Meridian Road (SH 69) and W. Overland Road Request: An Amendment to the Existing Development Agreement for Medina Subdivision to Remove the Requirement for Conditional Use Approval of all Future Uses on Each Lot MEETING NOTES ~/ pPPROVE~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 22, 2013 ITEM NUMBER• 5B PROJECT NUMBER: RZ 13-003 ITEM TITLE: 807 Meridian Findings of Fact, Conclusions of Law for Approval: RZ 13-003 807 N. Meridian Road by LTD, LLC Located at 807 N. Meridian Road Request: Rezone of 0.74 of an Acre from the R-8 (Medium Density Residential) to the O-T (Old Town) Zoning District MEETING NOTES ~i b. PROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting -DATE: May 22, 2013 ITEM NUMBER• 5C PROJECT NUMBER: M(~A 1'~_nn1 ITEM TITLE: Bellabrook Villas Findings of Fact, Conclusions of Law for Approval: MDA 13-001 Bellabrook Villas (aka Brookside Square) by ZWJ Properties, LLC Located 300 S. Locust Grove Road Request: Modify the Existing Development Agreement to Allow for the Development of 26 Single-Family Residential Dwelling Units on the Site MEETING NOTES ~ aaPAOUEo Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 22, 2013 ITEM NUMBER• 5D PROJECT NUMBER:. PP 13-002 ITEM TITLE: Bellabrook Villas Findings of Fact, Conclusions of Law for Approval: PP 13-002 Bellabrook Villas (aka Brookside Square) by ZWJ Properties, LLC Located at 300 S. Locust Grove Road Request: Preliminary Plat approval Consisting of 26 Single-Family Residential Building Lots and Four (4) Common/Other Lots on 4.38 Acres of Land in an R-15 Zoning District MEETING NOTES ~f Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 22, 2013 ITEM NUMBER• 5E PROJECT NUMBER: MDA 13-004 ITEM TITLE: Gramercy Pride Findings of Fact, Conclusions of Law for Approval: MDA 13-004 Gramercy Pride Apartments by Sagecrest Development, LLC Located 21 1 1 and 2283 S. Accolade Avenue, Lots 9 and 26, Block 3 of Gramercy Subdivision No. 1 Request: Modify the Building Elevations Approved with the Amended Development Agreement (Instrument # 108022888) MEETING NOTES ~~ ~~~~ ~~ ~q ~~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: Ma 22, 2013 ITEM NUMBER• 5F PROJECT NUMBER: CUP 13-002 ITEM TITLE: Gramercy Pride Findings of Fact, Conclusions of Law for Approval: CUP 13-002 Gramercy Pride Apartments by Sagecrest Development, LLC Located 21 1 1 and 2283 S. Accolade Avenue Request: Conditional Use Permit Approval for 18Multi-Family Dwelling Units on Two {2) Lots on Approximately 1.38 Acres in an Existing R-15 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: Ma 22, 2013 ITEM NUMBER• 5G PROJECT NUMBER: MDA 13-008 ITEM TITLE: Twelve Oaks Findings of Fact, Conclusions of Law for Approval: MDA 13-008 Twelve Oaks (fka Hark's Canyon Creek Subdivision) by JLJ, Inc. Located 1845 W. Franklin Road Request: Amendment to the Development Agreement to Remove the Language Pertaining to the Expired Plat and to Include a Conceptual Development Plan for a Mixed Use Development MEETING NOTES r~/ RFPBOVEI Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting _DATE: May 22, 2013 ITEM NUMBER• 5H PROJECT NUMBER: FP 1'~-f11 ITEM TITLE: Villas at Lochsa Falls Final Order for Approval: FP 13-013 Villas at Lochsa Falls No. 2 by Hayden Homes Located West Side of N. Linder Road, Midway Between Chinden Boulevard and W. McMillan Road Request: Final Plat Approval Consisting of Twenty-Eight (28) Residential Lots and Three (3) Common Lots on Approximately 4.33 Acres in an R-8 Zoning District MEETING NOTES ~QVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 22, 2013 ITEM NUMBER• 51 PROJECT NUMBER: FP 1 ~_n ~ ~ ITEM TITLE: Tradewinds Final Order for Approval: FP 13-012 Tradewinds Subdivision No. 1 by Don Newell, SDN, LLC Located Southeast Corner of E. Victory Road arid S. Locust Grove Road Request: Final Plat Approval Consisting of 17 Building Lots and 2 Common/Other Lots on 10.42 Acres of Land Zoned R-8 MEETING NOTES U a I ~' Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 22, 2013 ITEM NUMBER: 5J PROJECT NUMBER: FP 13-014 ITEM TITLE: Spurwing Orchard Final Order for Approval: FP 13-014 Spurwing Orchard Subdivision No. 2 by Brighton Development, Inc. Located North Side of Chinden Boulevard; West of N. Ten Mile Road Request: Final Plat Approval Consisting of Fifty-Four (54) Single Family Residential Lots and Eight (8) Common/Other Lots on Approximately 14.05 Acres in an R-8 and R- 15Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 22, 2013 ITEM NUMBER• 5K PROJECT NUMBER: FP 13-015 ITEM TITLE: Messina Meadows Final Order for Approval: FP 13-015 Messina Meadows Subdivision No. 4 by Tuscany Development, Inc. Located North of E. Amity Road, Midway Between S. Locust Grove Road and S. Eagle Road Request: Final Plat Approval Consisting of 36 Single Family Residential Building Lots and Six (6) Common Lots on Approximately 10.52 Acres of Land in an R-8 Zoning District MEETING NOTES ~F ROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 22, 2013 ITEM NUMBER: 5L PROJECT NUMBER: FP 13-017 ITEM TITLE: Red Wing Final Order for Approval: FP 13-017 Red Wing Subdivision by W.H. Moore Company Located Southeast Corner of S. Meridian Road (SH 55) and E. Victory Road Request: Final Plat Approval Consisting of Forty-Eight (48) Single-Family Residential and One (1) Multi-Family Residential Building Lots and Nine (9) Common/Other Lots on 31.1 1 Acres in the R-4 and R-15 Zoning Districts MEETING NOTES ~ m~9R0YED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 22, 2013 ITEM NUMBER• 5M PROJECT NUMBER: FP 13-016 ITEM TITLE: Zebulon Village Final Order for Approval: FP 13-O1 b Zebulon Village Subdivision by The Traditions by Amyx II, LLP Located South of E. McMillan Road and West of N. Eagle Road Request: Final Plat Approval Consisting of 40 Single-Family Residential Building Lots and Six (6) Common/Other Lots on 14.94 Acres in an R-4 Zoning District MEETING NOTES ~~~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting _DATE: May 22, 2013 ITEM NUMBER• 5N PROJECT NUMBER: FP 13-019 ITEM TITLE: Rushmore Final Order for Approval: FP 13-019 Rushmore Subdivision by Tealey's Land Surveying Located South of W. Pine Avenue, West of W. Broadway Avenue Request: Final Plat Consisting of Three (3) Multi-Family Residential Building Lots and Two (2) Common Lots on Approximately 2.17 Acres of Land in an R-15 Zoning District MEETING NOTES ~ ~PFROYED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE F1NAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 22, 2013 ITEM NUMBER• 50 PROJECT NUMBER: ITEM TITLE: Acceptance Agreement: Display of Artwork of Karyn deKramer in Initial Point Gallery from May 31 to June 28, 2013. MEETING NOTES ~/ RPPRUVFU Community Item/Presentations Presenter Contact Info./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 the ,~~ day of 2013 ("Effective Date"), by and between the City of Meridian, a municipal corporation orga ized under the laws of the State of Idaho ("City"), and Karyn deKramer, an individual person ("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 8, 2012, 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 18, 2012, by the passage of Resolution no. 12-899, 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 May 31, 2013, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artist and the Gallery Curator, artwork which shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on May 31, 2013 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from May 31, 2013 to June 28, 2013, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork ,.-. on June 28, 2013, 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 Artist's 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, andlor 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 AGREEMEN'T' INITIAL POINT GALLERY I71SPLAY PAGE 2 V. DIS,_ PLAY. 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, andlor 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 or Artist's servants, agents, employees, guests, and/or invitees. ACCEPTANCE AGREEMENT INTTIAL 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 maybe 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 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. Tn 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 Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's 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 PAU'E S Artist: Kar deKramer 141 ~N. 6th Street Boise, Idaho 83702 208-484-0541 karyn@dekramerart. 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. The validity of this Agreement shall be expressly conditioned upon City Cotmcil action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be constnied as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this ZZ day ,~ of _ 2013. ARTIST: ,~ ~~ Karyr~ ~~~~raw=vi'_ Kar~tn eKramer CITY OF MERIDIAN: Tammy d~V~erd, Mayor Attest: City Clerk ACCEPTANCE AGREEMENT INITIAL PO[NT GALLERY DISPLAY ~~p; CLD AUGUST J `~9 o~ city of ~E II3IZ IAN'~-• ioaf+o S~ ~ ~~ a °r7de TREAguP~ PAGE 6 Exhibit A ~~ Meridian ~ Commission Ca!( for Artists: 2013 INI~'IAL 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 2013 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- dimensiona!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- 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 wilt 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 2013 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 reeeived by MAC by 5:00 p.m. on Friday, October 26, 2012. SELECTION PROCESS: The selection of art for the 2013 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 Hatt. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources: o 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. NTACT MAC: By mail: By a-mail: Meridian Arts Commission Attn: 2013 Initial Point Gallery Series 33 East Broadway Avenue Meridian 1D 83642 mac@meridiancity.org Exhibit B ~'`~ Karyn deKramer www.dekramerart.com Karyn@dekramerart.com ~, 208-484-0$41 Meridian Commission Application £t Acknowledgments: 20~ 3 INITIAL PAINT GALLERY SERIES ARTIST/ORGANIZER COy,TACT INFORMATION: ' Check one: I am submitting this form as an individual artist. Artist/Org. Name; Organizer name: E-mail address: Mailing Address: Physical Address: Phone numbers: ~ 1 am submitting this form on behalf of an organization. APPLICATION OVERVi~• Check all that apply: ©we propose to fill one half of Initial Point Gallery with two-dimensional artwork. ~ llwe propose to fill the entire Initial Point Gallery with two-dimensional artwork. ^ I/we propose to fill these display rases with 3D artwork: D 24"Wx24"Dx42"H ^ 24"Wx24"Dx36"H D 24"Wx24"Dx30"li ~ 24"Wx24"Dx24"H Number of 2D pieces: 15 Average size of 2D pieces _~~ aw~t e~ i t ~C. r'S ~ 151'u3 0 ~'"~~ Number of 3D pieces: Average size of 3D pieces: APpI.ICATION MATERIALS: ~ ompleted, signed Application it Acknowledgements Form ~° biography of artist or informational statement regarding organization, no longer than one 8%z x 19" page; tYA 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. (s~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 tact name or organization name and the title of the work (e.g.: name.title.jpgj. Materials submitted wilt not be returned. Damaged or non- compliant CDs and/or images wilt not be considered. Images will not be accepted via a-mail. IC~ $35 gallery maintenance fee, check made payable to the Meridian Arts Commission. This fee is nonrefundable. DISPLAY INFORMATION: ~- ~" "73 ~3 Initial Point Gallery is equipped with a track system for hanging two-dimensional artwork. Two-dimensional artwork will be hung from cables, using hooks, and therefore must be equipped with two D rings (fig. 1 j on the side rails on the back of the frame (fig. 2). The inside of each D ring must allow a space of at least one-quarter inch (%") for insertion of the hooks; any vrire constricting this space must be removed. 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 nat be used for hanging. Initial Point Gallery also provides four display cases, each with different dimensions (fig. 3), for displaying three-dimensional artwork. / ~ 2'~ f 3• 3•-a" z' 2''"6- ?~ FAG, 3.3D Aar DISPLAY Cases ' Sctwt~ ~ ------ Day: Evening: Cell: ao8 -cfgr.~.-O~~[ f, f '~ ACKNOWLEDGMENTS: t, ~ ~~~'`'"''`'~ ,hereby acknowledge the following stipulations and agree that if this proposal is ~elec~ r 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 beset forth in a separate, written Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge that: A. Before my work wilt be displayed in Initial Point Gallery, I will be required to enter into an Acceptance "m"` 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 m"` exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but cannot and will not assume liability for any lass 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 shalt 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 N A informational table, board, or handout as provided or allowed by the City of Meridian, no piece E. displayed in Initial Point Gallery may have a visible price tag. 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, m 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 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 and understand each and all of the foregoing stipulations and do agree to these general terms and conditions. Signature: ~ ~~~~~~-~-- Print name: ~r'Y_di qf' ~ya~H-~('" Date: _ /~,~ / '7 ~~ ~~ 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 83b42 ^ Thank you for your interest) Meridian Commission r:: :~lt::., , Within luminous watercolor washes and strokes of the brush, the 'viewer can find the fascination and reverence Karyn has for wildlife and nature. Born in Idaho with abundant access to wilderness and wildlife, Karyn has spent much of her life exploring the great outdoors. Her artistic style brings to light the complexities of the natural world the tangle of the web of life. Expressive poses, dramatic mood and a textural sense of fur and feather capture the heart and soul of her subjects, She enjoys bringing to light the beauty and significance of even the most common, overlooked creatures. Her paintings express a quiet stillness and the peace of an unobtrusive observer. She eagerly shares her knowledge of wildlife and nature and encourages an awareness to protect and preserve the natural world. Karyn earned a Bachelor of Arts degree from Boise State University with emphasis in watercolor. Her artistic achievements include acceptance and awards in local juried shows. In 2012 Karyn earned signature membership to the Idaha Watercolor Society and Artists for Conservation - an international ,--, organization of nature artists dedicated to protecting and preserving the natural world. Ficture This Frame Shop and Gallery, Boise Idaho currently represents her. As an outdoor adventurist, Karyn enjays activities and opportunities to be immersed in nature. The Boise foothills, the Sawtooth National Recreation Area and Yellowstone National Park are some of the many places she loves to frequent. She enjoys wildlife watching, hiking, biking, and xc skiing. Her adventures include: A citizen science Earthwatch trip "Helping to save and study Leatherback Turtles" in St. Croix, a Boise State University raptor ecology study trip to Kenya, Africa, and personal explorations to New Zealand, Costa Rica, Belize and Alaska. ' With an awareness, of the need to protect the nature she loves to paint, Karyn strives to connect wildlife, art and conservation awareness. Her recent contributions include leading a children's painting for The Peregrine Fund World Center Birds of Prey "Vulture Awareness Day" 2011, 2012 and the creation of `IBO Migrants' a painting depicting common songbirds made exclusively for the Idaho Bird Observatory for use as a printed mural, teaching aide and limited edition fund raising print. .rlrt.ist 5tatetaae[2t: l:'lle art 1 create rc~Ilects my adventurous drive to exploza the outdoors, revealing n7y fascination of capturing ~:xperie»ces and encounters i~1 ~vate~-co(or. My paii~tir~gs mirror any revere~~ce and respect far wildlife and nature k~ri~aging to light tl~e cc~»lplexities of tl~e iildividua[ amid the tangle of :lae ~~reb of ii:fe. Karyn deKramer 1418 N. ba' Street Boise,lD 83702 karyn@dekramerart.com October 17, 2012 Meridian Arts Commission Initial Point Gallery 33 East Broadway Avenue Meridian ID $3642 To the Meridian Arts Council, Please consider my application to exhibit in 2013 a series of Wildlife in Watercolor paintings in the Initial Point Gallery. My intent is to utilize half of the Initial Point Gallery space. I intend to display approximately fifteen original paintings. My paintings tell a story of wildlife and nature in a realistic manner using the medium of watercolor. All paintings exhibited will be of subject manner appropriate in subject and concept for a functioning government workplace and family viewing. All paintings will be painted in the medium of watercolor on watercolor paper. Each painting will be framed in a professional quality frame behind glass. The paintings unframed will range in size from 11x15 inches to 1x30 inches. Prices will range from $900.00 - $2,000.00. I intend to publicize my show online and through mailed invitations. I enjoyed the privilege of showing my art in the Initial point Gallery in 2011. You thoughtfully paired me with Joni Frey. I understand she is applying as well and if we are both selected to exhibit again, I would love to be paired with her once more. Please feel free to contact me with any questions. Respectfully, ~'~'~ °~ Karyn deIZramer Meridian City Council Meeting DATE: May 22, 2013 I`TEIVI N1~ BEP: 5P PROJECT NUMBER: ITEM TITLE: Acceptance Agreement: Display of Artwork of Joni Frey in Initial Point Gallery from May 31 to June 28, 2013 MEETING NOTES C/i GTr~OVED Community Item/Presentations Presenter Contact Info./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 II~IITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the ~ day of , 2013 ("Effective Date"), by and between the City of Meridian, a municipal corporation orga zed under the laws of the State of Idaho ("City"), and Joni Frey, an individual person ("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 8, 2012, 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 18, 2012, by the passage of Resolution no. 12-899, 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 Paint Gallery, on May 31, 2013, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artist and the Gallery Curator, artwork which shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on May 31, 2013 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from May 31, 2013 to June 28, 2013, in accordance with the terms of this Agreement; and shall be responsible. for removal of such artwork on June 28, 2013, 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 Artist's 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. IILTIME 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, andlor 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 a$er installation, the Gallery Curator and/or the City may inspect andJor 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 maybe safely and appropriately displayed iri Initial Poirit Gallery. If the Gallery Curatox 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 iri 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 Poirit Gallery where such removal serves the best interest of the City. ACCEPTANCE AGREEMENT INITIAL 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. 13. 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 Iogo 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 maybe 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 maybe 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 or Artist's servants, agents, employees, ~-~ guests, and/or invitees. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 3 B. Waiver. Artist shall, and hereby does, waive any and alI 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 maybe 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 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 ~ 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. Tlus 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. Severabilily. 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 subcontractor assign any of Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's 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: "~ Joni Frey 677 W. Sandstone Court Boise, Idaho 83702 208-433-9976 freyfam@clearwire.net Gallery Curator: Dwight Williams Meridian AI-ts 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 actiori 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 WIIEREOF, the parties hereto have executed this Agreement on this ~~y of , 2013. ARTIST: A i~ Joni ~ ey CITY OF MERIDI BY: Tammy de ~d, Mayor tP7t'D A (1~ ~~ LSr ot`~ t ~~' 90 Attest: c;ry ~f Jaycee an, City Clerk . DTAN# IDAH6 a ~. ~'~,~ SEAL ti~ r~ ~~ ~~' ftAa ^ AF A5~}V- _. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE () Exhibit A Meridian ~ Commission Call for Artistso 2013 IN11`IAL 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 2013 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. ELIG161LITY: 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 2013 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: Alt proposals must be received by MAC by 5:00 p.m. on Friday, October 2b, 2012. SELECTION PROCE55: The selection of art for the 2013 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 fora 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: 2013 Initial Point Gallery Series 33 East Broadway Avenue Meridian ID 83642 By a-mail: macC~meridiancity.org Exhibit B ,~ ~. ~"°'. . ~ ~ Meridian Commission Hppc~carron tt AcKnaw(ed~ments: 2013 INITIAL POINT GALLERY SERIES ARTIST/ORGANIZER CONTACT INFORMATION: Check one: I 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: t~/we propose to fill 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: ^ 24"Wx24"DX42"H ^ 24"Wx24"Dx36"H ^ 24"Wx24"Dx30"H ^ 24"Wx24"Dx24"H Number of 2D pieces: I~ " a0 Average size of,2D pieces: l4 X~ r ~N,,t,a( Number of 3D pieces: Average size of 3D pieces: A- P~LICATION MATERIALS: ~ Completed, signed Application £t Acknowledgements Form Biography of artist or informational statement regarding organization, no longer than one 8%z x 11 "page; ll~/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 3~ dpi at a minimum size of 5x7", in .jpg format. Please name each image file with artist's last name or organization ame and the title of the work (e.g.: name.title.jpg). Materials submitted will not be returned. Damaged or non- ~omp[iant 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 Gommissivn, This fee is nonrefundable. DISPLAY INFORMATION: Initial Point Gallery is equipped with a track system for hanging two-dimensional artwork. Two-dimensional artwork will be hung from cables, using hooks, and therefore must be equipped with two D rings (fig. 1) on the side rails on the back of the frame (fig. 2j. The inside of each D ring must allow a space of at least one-quarter inch (1/a") for insertion of the hooks; any wire constricting this space must be removed. 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. Initial Point Gallery also provides four display cases, each with different dimensions (fig. 3), for displaying three-dimensional artwork. I ~ z, ~~ / ~~ ~ -FF'- . / I I ,i' ` -h~ ~~ FIG. 3.3D ART DISPLAY CASES FIG. 1. D RING ^ I am submitting this form on behalf of an organization. .~61A a F~'QV .", Dear Members of the Meridian Arts Commission: I respectfully request that you consider showing my artwork at the initial Point Gallery in 2013. I propose to fill one half of the Initial Point Gallery with 16-20 paintings. The theme would be THE LONG and SHORT OF IT, featuring landscapes and close- ups, i.e. long and short views. As I continue to work with watercolor on yupo paper, I find myself working with landscapes, using brilliant color, texture and a playful approach to color and pattern. As I work, both the close-ups and the landscapes seem to be heading in the direction of abstraction. Most pieces are 18 X 24, framed, with a few that are small, 12 X16, and a few that are larger, 24 x 30. For publicity, I would invite my personal mailing list in addition to the efforts of the Arts Department. .-. Thank you in advance for your consideration. ~~ Joni Freyl BIOGRAPHY Joni Frey was raised in Wisconsin on a farm. She studied Communications and Art at the University of Wisconsin. She studied . commercial art at the Burnley School of Professional Art in Seattle. She learned watercolor techniques and sold early works at the Pike Street Market there. When first moving to Alaska she lived adjacent to Denali Park, where she saw, drew and painted wildlife. A move to Fairbanks had her working as an illustrator for the Bureau of Land Management, As the family grew and moved, she worked In Virginia, and later in Idaho with elementary teachers, facilitated supplementary "art in the classroom" at schools reeling from budget cuts. 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. ~ ACKNOW`LE_D-GMENTS: ' .^ ~y n ~ t ,hereby acknowledge the following stipulations and agree that if this proposal is I '.ected for display at I ilia! Point Gallery, such display shall occur subject to these general terms and conditions, as .ell as subject to other specific terms and conditions that shall be set forth in a separate, written Acceptance A reement between myself and the City of Meridian. I specifically acknowledge that: A. I I L .~ IN N 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. 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 shalt 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: ~Gll~ ~r'et~ Date: -~ 2 " ~- 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! Meridian Commission Meridian City Council Meeting DATE: May 22, 2013 ITEM NUMBER: 5Q PROJECT NUMBER: ITEM TITLE: Acceptance Agreement: Display of Artwork of Dan McAlister in Initial Point Gallery from August 2 to August 30, 2013 MEETING NOTES @i GPPROVED Community Item/Presentations Presenter Contact Info./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 1N INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the ~ day of May, 2013 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Dan McAlister, an individual person ("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, has invited Artist to display his 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, 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 artwork to Initial Point Gallery, on August 2, 2013, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artist and the Gallery Curator. Artist shall be responsible for installing such artwork on August 2, 2013 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from August 2, 2013 to August 30, 2013, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on August 30, 2013, at 9:00 a.m., or at such time and date as is mutually agreed upon by the Artist and the Gallery Curator. II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display Artist's 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. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 1 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, as well as to ensure that such artwork maybe 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 ExhibitA 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. 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 percussion 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 maybe temporary ox 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 maybe shortened by City for any reason, without notice to the Artist. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 2 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 ali 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 or Artist's servants, agents, employees, guests, and/or invitees. ~. 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 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. "' ~. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 3 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. 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. IxI 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. II. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's 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 cornlnunicated upon mailing by United States Mail, addressed as follows: ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 4 Artist: Dan McAlister 588 E. River Qua1Ty Court Eagle, Idaho 83616 Phone: q3 S ~~ 7 3 ~ kdmcalister@msn.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 3 3 E. Broadway Ave. Meridian, Idaho 83642 {208) 898-5506 ekane@meridiancity.org Any party may change its respective addxess 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 ~` day of 2013. ARTIST: Dan McAlister -~ CITY OF MERIDIAN: Tammy de eer ,Mayor o¢4°~ 7annu~~sT~ G J o~, City of E IDIAN~ Attest: ,oAH4 Jaycee H an, City Clerk ~~. SEAL ~~ ~~~~ ~~~ ~~~ke7nBAg~P~ ACCEPTANCE AGREEMENT INITfAL POINT GALLERY DISPLAY PAGE S Exhibit A Meridian ~ Commission Call for Artists: 2013 INI~'IAL P®INT 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 2013 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 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 2013 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. ^ Completed, signed Application R Acknowledgements form; Biography of the artist or informational statement regarding organization; ~-.,^ Letter of intent; Five (5j 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: Al[ proposals must be reeeived by MAC by 5:00 p.m. on Friday, October 26, 2012. SELECTION PROCESS: The selection of art for the 2013 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; 0 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. ""'ONTACT MAC: By mail: Meridian Arts Commission Attn: 2013 Initial Point Gallery Series 33 East Broadway Avenue Meridian ID 83642 By a-mail: macC~meridiancity.org Meridian City Council Meeting DATE: May 22, 2013 ITEM NUMBER: 5R PROJECT NUMBER: ITEM TITLE: Acceptance Agreement: Display of Artwork of Sara Allen in Initial Point Gallery from August 2 to August 30, 2013 MEETING NOTES ~ aP~ROUEo Community Item/Presentations Presenter Contact Info./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 IIVITTAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the ~ day of May, 2013 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Sara Allen, an individual person ("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; has invited Artist to display his 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, 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 Ha11 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 artwork to Initial Point Gallery, on August 2, 2013, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artist and the Gallery Curator. Artist shall be responsible for installing such artwork on August 2, 2013 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from August 2, 2013 to August 30, 2013, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on August 30, 2013, at 9:00 a.m., or at such time and date as is mutually agreed upon by the Artist and the Gallery Curator. II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display Artist's 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. S. 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 Gailery. 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 tweliry- 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, ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 1 III. TrnI~ of PExF'OxMANCE. ,.-.e 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, as well as to ensure that such artwork maybe 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 Exhibit A or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the Ciry 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. V. IIIS___ Pi,AY. 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. I). 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. Ciry 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 maybe shortened by City for any reason, without notice to the Artist. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 2 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 or Artist's servants, agents, employees, guests, and/or invitees. 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 maybe 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 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. ACCEPTANCE AGREEMENT INITIAL POIIVT GALLERY DISPLAY PAGE 3 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. 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 Ciry. 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 parry, 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 bylaw 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 Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's 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 4 Artist: Sara Allen '~` 6279 Rim Road Nampa, Idaho 83b86 Phone: saraa@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 83b42 (208) 898-5506 ekane @ meridianciry.org Any party may change its respective address for the purpose of this paragraph by giving written notice of such change in the manner hexein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upan 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 ~.. 2013. ARTIST: .~ / ;. Sara Allen CITY OF MERYDIAN: BY: -r~/--~zr~ Tammy de W,~ Attest: Jaycee I~tnan, City Clerk ACCEPTANCE AGREEMENT uV ITIAL POINT' GALLERY DISPLAY o~~tl~ASisn n u~csTl r rG tee, City of E IDllr TAN- ID~JA IID~ W ~, SEAL ~fT Apr 8 B °~ ~h ° 7R5 Ag~4'~ PAGES Exhibit A Meridiarl ~ Commission Call for Artists: 2013 INI~`IAL 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 2013 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 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 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 wilt 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 2013 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. ^ Completed, signed Application i# 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 26, 2012. SELECTION PROCESS: The selection of art for the 2013 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. ,TACT MAC: By mail: By e-mail: Meridian Arts Commission Attn: 2013 Initial Point Gallery Series 33 East Broadway Avenue Meridian ID 83642 macC~meridiancity.org Meridian City Council Meeting DATE: May 22, 2013 ITEM NUMBER: 5~ PROJECT NUMBER: ITEM TITLE: Acceptance Agreement: Display of Artwork of Gertrude Hudson in Initial Point Gallery from August 30 to September 27, 2013 MEETING NOTES uy ~PFROVED Community Item/Presentations Presenter Contact Info./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 the ~~ day of , 2013 ("Effective Date"), by and between the City of Meridian, a municipal corporation orgamzed under the laws of the State of Idaho ("City"), and Gertrude Hudson, an individual person ("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 8, 2012, 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 18, 2012, by the passage of Resolution no. 12-899, 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 August 30, 2013, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artist and the Gallery Curator, artwork which shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on August 30, 2013 at the direction of the Ga11eIy Curator; shall allow the display of such work in Initial Point Gallery from August 30, 2013 to September 27, 2013, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on September 27, 2013, 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 Artist's 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 maybe 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. .~ 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 maybe 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 maybe 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 properly, and from any and all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees, "^` guests, and/or 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 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, properly, 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 maybe 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 bylaw. Lilcewise, 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 Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's 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: '-' Gertrude Hudson 5038 N. Leather Place Boise, Idaho 83713 208-376-6339 ajghudson04@msn.com J. of `, 2013. . ~~ V ARTIST: ...., Gertrude Hudson CITY OF MERIDIAN: BY: Attest: Ga11er~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 Airy party may change its respective address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. 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 thi~~~' day ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE b i"1 Exhibit A Meridian Commission Ca(I for Artists: 2013 INI IAL 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 2013 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 2013 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: Alt proposals must be received by MAC by 5:00 p.m, on Friday, October 26, 2012. SELECTION PROCESS: The selection of art for the 2013 Initial Point Gallery Series will be made by MAC. MAC will notify selectees by [etter 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. 'INTACT MAC: By mail By a-mail: Meridian Arts Commission Attn: 2013 Initial Point Gallery Series 33 East Broadway Avenue Meridian ID 83642 macC~meridiancity.org Exhibit B .~-. ~ Meridian Commission Application & Acknowledgments: 2013 oNll"IAL P®li~~ GALLERY SERIES ARTIST/ORGANIZER CONTACT INFORMATION: Check one: ^ 1 am submitting this form as an individual artist. - ^ I am submitting this form on behalf of an organization. Artist/Org. Name: t ,'~ i-° ~ :-G~ cJ~~- /-~{i,i l c~.~t Organizer name: E-mail address: ~,~;-~.rhG:~~'~e~r~ ~~~' {:~• ~:~f syr ~ ~ ~~t~-r Mailing Address: '' ~~-~ 3~ /~/ Lc3~iy~ e~ ~~~ ~p Physical Address: v~v~'s~ i h ~`~/~ Phone numbers: Day: iii ~?~- 37h ~~33~ Evening: Cell: APPLICATION OVERVIEW: Check all that apply: ^ I/we propose to fill one half of Initial Point Gallery with two-dimensional artwork. J~.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: ..:%,~.~ Average size of 2D pieces: /~ x /~ Number of 3D pieces: Average size of 3D pieces: ~ n~ G-tGYJ~ G`C~~~~'LQ, d2c. 2~~q !p'LtG'oL~3 y,~ APPNCATION MATERIALS: ~~ ~~~~~ ~ '¢~,~~~~~ C~Completed, signed Application >:t 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. L~~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. =Ll $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. Two-dimensional artwork will be hung from cables, using hooks, and therefore must be equipped with two D rings (fig. 1) on the side rails on the back of the frame (fig. 2). The inside of each D ring must allow a space of at least one-quarter inch (%a") for insertion of the hooks; any wire constricting this space must be removed. 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. Initial Point Gallery also provides four display cases, each with different dimensions (fig. 3), for displaying three-dimensional artwork. ,`•~.a '+~r 1 .. FIG. 1. D RING / ~~_ ~ ~r I~ __ ~ /f I 2'-C /r /~ ~fl~ 1, _6„~ .~ .s-f.. Y. FIG. 3. 3D ART DISPLAY CASES ACKNOWLEDGMENTS: ^` r ' ~~-,~7~~c~cfP1 ~-1~~~,~~ ,hereby acknowledge the following stipulations and agree that if this proposal is j .ected for display at Initial Point Gallery, such display shall occur subject to these general terms and conditions, as ..ell 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 wilt be displayed in lnitial Point Gallery, I wilt be required to enter into an Acceptance INITIAL 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 INITIAL 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 INITIAL 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 INITIAL 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 INITIAL 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 ^~NITIAL time, at the City's sole discretion. G. Artwork submitted for display in Initial Point Gallery must be original works conceived and created INITIAL 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 INITIAL City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that City Halt 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 Calt 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: rGG~G.~c'~%~t'~~ ~~ ~~G~~1~ ''~Print name: C~~t`~/`'~lc~r° ~"~~-!C(~~ e~TC_ Date: ~C~• ~~ r ~~~~- 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! Meridian Commission Gerhude Hudson 5038 N. Leather Pl., Boise ID 208-376-5339 ajghudson04@msn.com To the Meridian Arts Commission, Attn: 2013 Initial Point Gallery Series, October 2012 LETTER OF INTENT For the last couple of years I have been returning to the more abstracted and stylized way I painted in art school many years ago. The images I saw as a child in grade school of the paintings of the Canadian Group of Seven have lingered in my consciousness. My art school experience magnified those early impressions as I studied under Illingworth Kerr who had studied under tluee of the original Group of Seven artists. I believe it was inevitable that I would go back to this way of painting. I thought it would be interesting to have a show with both my abstracted paintings as well as my more traditional and plein-air work. I have enough paintings to fill the whole gallery. I was thinking about a maximum of 40 paintings, but this number can be flexible to suit the space. The show could be hung with the newer abstracted works on one side of the gallery and the traditional paintings on the other, showing my artistic development. All the paintings leave been done in oil. Subject matter consists, for the most part, of Idaho landscapes and buildings, and still life 1 florals. Sizes vary from 30x36 to 5x7, but most are mid-size, about 12x16. Many of the paintings will not be for sale but of those which are for sale, prices will range from $3200.00 to $300.00 with an average price of $800.00. The framing is quite consistent. Included in the submitted images are examples of each style: 3 images traditional (#1-2-3); 3 images abstracted /stylized (#4-5-6); and 1 image more abstracted (#7). GERTRUDE HUDSON -ABOUT THE ARTIST Gertrude Hudson was born in 1930, in the house her father built, in the small pravrie town of Raymond, Alberta, Canada, where she experienced winters that were long and severe, summers hot and carefree, punctuated by spectacular thunder and lightning storms. Growing up, she loved to go out in the storms, in the sun, in the snow, and enjoy weather's many moods. She still loves a good storm, and her paintings reflect her Iove of nature's ever-changing kaleidoscope. Interested in art from childhood, her fast-grade image of a prairie crocus earned afirst-place ribbon in the local school fair, the first of a number of awards for her art. Being an artist was always her goal. Gertrude graduated in 1950 from the Provincial Institute of Technology and Art, Calgary, Alberta -now the Alberta College of Art and Design, where she studied under the foremost Westeim Canadian landscape painter Illingworth Kerr who painted in the tradition of the Canadian Group of Seven. Kerr became a lifelong friend and mentor. Gertrude has worked to develop a style that is true to her Canadian roots. While studying at the "Tech," under Kerr's direction, she painted a mural in the building where she studied art, now restored and designated a heritage site and named Heritage Hall. In the fall of 2005 she painted a companion mural in this same historic building. Gertrude has also studied art at Cosumnes River College, Sacramento, CA; BYU, Provo, UT; and BSU, Boise ID. She has attended art workshops with Nancy Stonington (watercolor); Ned Mueller; Robert Moore; and Color Boot Camp with Camille Przewodek. ,--. In 1980 Gertrude obtained a degree in Environmental Design /Architecture from Cosumnes River College. Since moving to Boise in 1983, Gertrude has built a couple of houses, including her own, and designed several others. She is quite passionate about building and considers architecture to be no more than three-dimensional art. Beginning in 1999, Gertrude and her husband Jim began exploring Idaho to fulfill her desire to portray the diversity of her adopted state. These adventures resulted in a series of plein-air paintings featuring each of Idaho's 44 counties. These paintings were first shown at the Governor's Conference on Recreation and Tourism, 2003, Coeur d'Alene, ID; and subsequently at BYIT's Spori Gallery, 2004, Rexburg, ID; NNU's Friesen Galleries, 2007, Nampa, ID; Initial Point Gallery, Spring 2009, Meridian ID; and Eighth Sheet Center for the .A.rts, Fa112009, Buhl, ID. Gertrude has participated in all but one of the Idaho Paints Idaho exhibits, sponsored by The Art Museum of Eastern Idaho, Idaho Falls, ID. In 2011 she received the Best Abstract /Interpretive Award. Other painting experiences include a year in Israel and Egypt, and a year and a half on the island of Tarawa in the Republic of Kiribati (formerly the Gilbert Islands), Central Pacific. Currently, Gertrude has been going back to the more abstracted and stylized way she painted ui art school many years ago. Founding Member, Plein Air Painters of Idaho Member, Idaho Watercolor Society Meridian City Council Meeting DATE: May 22, 2013 ITEM NUMBER: 5T PROJECT NUMBER: ITEM TITLE: Acceptance Agreement: Display of Artwork of the City of Meridian Community Center Art Group in Initial Point Gallery from September 27 to November 1, 2013 MEETING NOTES !~ ~~P80VED Community Item/Presentations Presenter Contact Info./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 INI A~ POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the ~~ day ofr~,' 2013 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Brian Schreiner ("Organizer"), on behalf of the City of Meridian Community Center Art Group ("Organization"). 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, Organizer 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 8, 2012, 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 18, 2012, by the passage of Resolution no. 12-899, 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. Organizer shall personally deliver to Initial Point Gallery, on September 27, 2013, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artists and the Gallery Curator, artwork which shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Organizer shall be responsible for hanging such artwork on September 27, 2013 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from September 27, 2013 to November 1, 2013, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on November 1, 2013, at 9:00 a.m., or at such time and date as is mutually agreed upon by the Organizer and the Gallery Curator. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 1 II. COMPENSATION AND SALE OF ARTWORK. .~•. A. No compensation. Organizer shall display the artwork of Artists in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Organizer or Artists for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Organizer or Artists 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 artwork; any transaction related to the sale of artwork shall be handled solely by Organizer or Artists. Organizer acknowledges the Commission's request that Artists 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, Organizer may remove such artwork from the Gallery, provided that Organizer replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Organizer 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. ,~~ Organizer shall coordinate and/or provide the services described in this Agreement in a timely manner, as described herein. Organizer 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, Organizer 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 Organizer 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 maybe 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. ,•-. A. Original artwork. Organizer and Artists warrant that all artwork provided for display in Initial Point Gallery shall be, and is, original work conceived and created by Artists. 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, the 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 Organizer's and Artists' name. Organizer hereby conveys to City permission to use Organization's and Artists' names for purposes of advertising, marketing, and public information, without violation of Organization's or Artists' rights of privacy or any other rights Organization or Artists may possess under this Agreement, provided that City shall not use Organization's or Artists' logo(s), if any, for any purpose without the express, written permission of Organizer or Artists. D. Use of City's name. City hereby conveys to Organizer and Artists 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 neither Organizer nor Artists shall 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 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 forly- eight (48) hours, City shall notify Organizer in the manner set forth herein. While it is intended that Organization's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period maybe shortened by City for any reason without notice. F. Removal of artwork by Organization. Organizer 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. Organizer and Artists shall, and hereby do, 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, ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 3 and from any and all losses and expenses caused or incurred by Organizer or Artists, their ~ servants, agents, employees, guests, and/or business invitees. B. Waiver. Organizer and Artists shall, and hereby do, 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 Organizer's or Artists' 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 Artists' 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 Artists in the furtherance of Artists' respective rights or obligations described herein. Insurance of the artwork; of the Artists' persons, property, or interests; and/or of the Artists' employees or agents shall be the sole responsibility of Artists. Artists shall obtain all necessary insurance as may be required in order to protect Artists' insurable interests for their 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. Artists 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 Organizer or Artists have 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 any 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 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 Organizer or Artists. C. Termination due to death or incapacity. This Agreement shall automatically terminate upon the death or incapacity of Organizer. 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 the organization and the Artists are independent parties and not employees, agents, joint venturers, or partners of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Organizer or Artists and City or between Organizer or Artists and any official, agent, or employee of City. Both parties acknowledge that neither Organizer nor Artists are employees of City. Organizer and Artists 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, Organizer and Artists 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, neither Organizer nor Artists shall 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. Artists shall not subcontract or assign any of Artists' obligations under this Agreement that require or that may require their artistic talent or expertise. Artists may subcontract or assign obligations that do not require their 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 Or anizer: Gallery Curator: Brian Schreiner Dwight Williams 11055 Wampum Drive Meridian Arts Commission Boise, Idaho 83713 33 E. Broadway Ave. (208) 377-2348 Meridian, Idaho 83642 brianschreinerat~tist@gmail.com {208) 887-6473 dwight5332@q.com City 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 afthis paragraph by giving written notice of such change in the manner herein provided. J. Warranty of authority. Organizer expressly warrants that, to the extent set forth herein, she is duly authorized to act as the representative and agent of Organization and all of its member Artists and principals. Organizer further warrants that she is authorized to bind Organization and its member Artists and principals to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Organization and its member Artists and principals. K, 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 nf.~~'A'~[ll~ CITY OF MERIDIAN: BY: ~`"~~~ ~-t~L Tammy de e d, Mayor Attest: / Jr~ .~._ aycee IFfn-lman, City Clerk .,.,, ~.s vre J 3 G ~,~ ,2 0,,, A ,y Ciry of GUANO s ~~ SEAL \!,. Pti ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE b Exhibit A Meridian Commission Call for Artists: 2013 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 2013 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, Idahoj, 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. 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 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 2013 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. ^ Completed, signed Application £t Acknowledgements form; ,-r 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 26, 2012. SELECTION PROCESS: The selection of art for the 2013 Initial Point Gallery Series will be made by MAC. MAC wilt 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. ---. INTACT MAC: By mail: By a-mail: Meridian Arts Commission Attn: 2013 Initial Point Gallery Series 33 East Broadway Avenue Meridian ID 83642 macG~meridi a nci ty. org Exhibit B ...~ ~--. Meridian Commission Application £~ Acknowledgments: 2013 INITIAL POINT GALLERY SERIES ARTIST/ORGANIZER Check one: Artist/Org. Name: - G~ Organizer name: ~ E-mail address: Mailing Address: t o Physical Address: Phone numbers: Day: Evening: G~I/~-f ~~'NYY1 Un,1i I h--~ APPLICATION OVERVIEW: Wr~t'z-l4- y ~~ ~ C' ~ ~~" ` d~~`~ Check all that apply: ^ I/we propose to fill one half of Initial Point Gallery with two-dimensional artwork. ~I/we propose to fill the entire Initial Point Gallery with two-dimensional artwork. ^ 1/we propose to fill these display cases with 3D artwork: ^ 24"Wx24"Dx42"H ^ 24"Wx24"Dx36"H ^ 24"Wx24"D~~O"H ~~ ^ 24"Wx24"Dx24"H Number of 2D pieces:~2~r~-f C~an~, Average size of 2D pieces: l ~ X ~ Number of 3D pieces: f•.t~o r-Q~r- Average size of 3p pieces:_ N ~- APPLICATION MATERIALS: ^ Completed, signed Application £>: Acknowledgements Form ~"rl Biography of artist or informational statement regarding organization, no longer than one 81/z x 11"page; ~ A letter of intent, describing: a. ArtistlOrganization'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 ar 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 wit[ 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. Two-dimensional artwork will be hung from cables, using hooks, and therefore must be equipped with two D rings (fig. 1) on the side rails on the back of the frame (fig. 2). The inside of each D ring must allow a space of at least one-quarter inch (~/a") for insertion of the hooks; any wire constricting this space must be removed. 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. Initial Point Gallery also provides four display cases, each with different dimensions (fig. 3), for displaying three-dimensional artwork. >:r `~ f i-~~ a ~ gt S~ ` ~ ^~ ~ t ~ ~(. ~ F, i ~ 1 o:. .. . FIG. 7. ~D RING 'ACT INFORMATION: am submitting this form as an individual artist. am submittinu this form on behalf of an or~ani; z s~ ~,~ ~2.-~ /~ ~i 3=6" ~~ I ~~~~" ~, FIG. 3. 3D ART DISPLAY CASES ~p r ,,~ ACKNQWLEDGMENTS: ', - `!i ! ' ~~ ~~r`' ~ I~r-,'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 teens and conditions, as well as subject to other specific. terms and conditions that shall beset 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 wilt be required to enter into an Acceptance iNinA~ Agreement with the City of Meridian establishing the specific terms and conditions of the display of the particular works displayed. B. ~"~T~"~ 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. INITIAL 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. INITI While artwork displayed in Initial Point Gallery maybe passively offered for sale by means of an AL 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. iNiTia 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. TIAL 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. ~ r~ 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. INITIAL 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. do acknowledge and .stand ea all of the foregoing stipulations and do agree to these general terms and conditions. ,. Signature: Print name: ~~~r ~f~ ~~'~ Date: d~~ ~-~ f '~-~f'2- To propose an exhibition in Initia! 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! .~-= Meridian Commission Brian Schreiner 11055 Wampum Drive Boise, Idaho 83713 Meridian Arts Commission Attn: 2013 Initial Point Gallery Series 33 East Broadway Avenue Meridian, ID 83642 October 26, 2012 Dear Initial Point Selection Committee: Meridian Parks and Recreation Community Center .Art Group paints on many Tuesday evenings. The group inspires the artists to paint in their studios. The artist that participate in the group range from beginning artist to those with more experience. I would like to present the group members art along with my art in an Idaho /west theme during the Initial Point show calendar year 2013. The goal for the show is to promote artistic creativity in Meridian. Many of the painters do not have images of their art. I am enclosing images of my art for your consideration. The art group .--, will have high quality artwork to present. I expect to display 30 pieces of art with an average dimension of 18" x 24", approximate prices ofthe art maybe $100 to $1,000. Art will be created in the mediums of watercolor, acrylic and mixed media. Publicity for the show will be flyers by the group as well as requested website publicity from the City of Meridian. The art will be framed using the 2 D rings as specified by the application. The group looks forward to the opportunity to show paintings at the Initial Point Gallery. If selected, we will provide a unique opportunity for the community to see the work of those participating in one of Meridian's extended educational programs through the Meridian Parks and Recreation. Sincerely, ~~~1' -~. Brian Schreiner Meridian Parks and Recreation Art Group Instruction S CHREINER FINE ART BRIAN SCHREINER Brian Schreiner was born at Sculthorpe Air Force Base, Norfolk, England, U.K, on September 11, 19SS. He lived in South Creek near the coast and in Stow-on-the-Wold, a hilltop town in the Cottswolds which was started by the Romans with its two thousand year old buildings and cobblestone streets. In 1965 he moved to Mountain Home, Idaho and grew up in the west with the outdoors and wide-open spaces. Art has appealed to Brian fxom the earliest times of drawing and painting in school or at home. The desire to work as a professional artist prompted him to work towards a Bachelor of Fine arts and Education degrees along with some architectural design. Schreiner spent the following ten years in Los Angeles, California pursuing creative endeavors. He gained experience in commercial art, toy design, interior design and mural .projects and has designed restaurants and painted murals for many interesting clients. Projects include "Executive Decision Maker" coffee cup mug, Rosie's BBQ Grillery Restaurants, a mural around a fish tank in a hospital, working on a motion picture crew "Private School," Lancaster California Museum of Fine Art watercolor show, painting an angel picture onstage for a Life Flight Festival of Trees Auction, and painting a garden ~' hl~mmingbird mural with a picket fence £or his wife, Cindy. Brian began exhibiting formally in 1979, and since has had many shows in the western United States and is represented in many private collections. Schreiner began printmaking in 1988. He thinks that creating art is like attempting alchemy: (a process of transforming various elements into gold). It is possible to make art by combining thoughts, living experiences and art materials'in attempting to make good art? Some paintings are created with definite goals and research to tell a story, some are created to cause a discussion about a given topic, and others are painted simply to capture a scene or design in which the viewer might find their own varied meanings. Schreiner's work is an attempt at fusion blurring the line between realism and abstractionism - "realistic abstracts". Poetic and whimsical in nature, Brian's paintings are often the result of a wandering storyteller creating symbolic images of Western America. 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Meridian City Council Meeting DATE: May 22, 2013 ITEM NUMBER: 5U PROJECT NUMBER: ITEM TITLE: Acceptance Agreement: Display of Artwork of Marjorie Reinecker in Initial Point Gallery from November 1 to November 29, 2013 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ACCEPTANCE AGREEMENT: -- DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERH)IAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the ~~ day of ~ , 2013 ("Effective Date"), by and between the City of Meridian, a municipal corporation orgam ed under the laws of the State of Idaho ("City"), and Marjorie Reinecker, an individual person ("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 8, 2012, 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 18, 2012, by the passage of Resolution no. 12-899, 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 1, 2013, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artist and the Gallery Curator, artwork which 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 1, 2013 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from November 1, 2013 to November 29, 2013, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on November 29, 2013, 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 Artist's 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 maybe 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. 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 properly, and from any and all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees, guests, and/or 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 maybe 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 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 v~ith 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 iaw 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 subcontractor assign any of Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's 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: Marjorie Reinecker 2912 E. Calabria Drive Meridian, Idaho 83642 208-362-2911 tomreinecker@yahoo.com Gallery Curator: Dwight Williams Meridian Arts Commission 33 E. Bxoadway Ave. Meridian, Idaho 83642 (208) 88'1-6473 dwight5332@q.corn C Emily Kane, Deputy City Attorney City of Meridian 33 E. Bxoadway 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. use IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this ~ day of , 2013. ARTIST: Ma 'or' einecker CITY OF MERIDIAN: p..~~ \1 jaD~auGV.~ Tammy d erd, Mayor 4e~ ~, L~ 194a ti$ Caiyof Attest: E IDI~ IAN" IDAHO Jaycee lman, City Clerk ~ SEAL ~!r r~. ~.° ~. nt •a, rCx lS~e. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 6 Exhibit A Meridian 1_Commission Call for Artists: 2013 INIfiIAL P41NT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/orthree-dimensional artwork as part of the 2013 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 MAG 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 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 2013 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 26, 2012. SELECTION PROCESS: The selection of art for the 2013 Initial Paint Gallery Series will be made by MAC. MAC will notify Selectees by letter sent U.5. 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. INTACT MAC: By maiL• By a-mail: Meridian Arts Commission Attn: 2013 Initial Point Gallery Series 33 East Broadway Avenue Meridian ID 83642 macCmeridiancity.org Exhibit B ~'_.. Meridian Commission ' Application St Acknowledgments: 2013 INITIAL POINT GALLERY SERIES ARTI5T/ORGANIZER CONTACT INFORMATION: / Check one: b9 I am submitting this form as an individual artist. W~~i ~- r,~a s'he rreTS ^ l am submitting th' form on ehalf of n organizati n. Artist/Org. Name: /~1rzr,~i~r; e ~.,.i t~- ec Y~ / ir~~a ,S~~f~ Organizer name: ' Email address: oo e Mailing Address: ' Physical Address: ~ Phone numbers: Day: _ 3L,~~ 9/j Evening:.~G,~. ' ~+/I Cell: _ _ __ APPLICATION OVERVIEW: Check all that apply: ~ I/we propose to fill 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"tf ^ 24"Wx24"Dx36"H ~ 24"Wx24"Dx30"H D 24"Wx24"Dx24"H Number of 2D pieces:. ,,,~,-„ Average size of 2D pieces: a)Ca y°° Number of 3D pieces: Average size of 3D pieces: APPLICATION MATERIALS: [i~ Completed, signed Application ft Acknowledgements Form 1~ Biography of artist or informational statement regarding organization, no longer than one 8~/z x 9 7" page; D 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 tp 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 wanks proposed for display. Up to five digital images of work representational of the artist's/organization's wGrk 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- ompliant 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 INFgRMAT10N: (nitial Point Gallery is equipped with a track system far hanging two-dimensional artwork. Twa•dimensionalartwoik will be hung from cables, using hooks, and therefore must be equipped with two D rings (fig. 1) on the side rails on the back of the frame (fig. 2). The inside of each D ring must allow a space of at least one-quarter inch ('/a") for insertion of the hooks; any wire constricting this space must be removed. 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. initial point Gallery also provides four display cases, each with different dimensions (fig. 3), for displaying three-dimensional artwork. Pitturo Hanptnp wfN 7vio Ca61ea FIG. 2. BACK OF FRAME C f ~ ~ s ~ z''``' ~~ z 3._~.. ~ rj i ~ ~- I ~•_ G' ~ 2~„8„ 3~ I FFG. 3. 3D ART DISPLAY CASES ^_ ACI(NCIWLEDGMENTS: I, .~,a1 rr ~~ e -1~ LV1.~~', 2 fir" ,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 shalt be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. 1 specifically acknowledge that: A. Before my work will be displayed 1n Initial Point Gallery, 1 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 wilt not assume liability for any loss or damage. i 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 Initia! Point Gallery. D. While artwork displayed in Initia Point Gallery may be passively offered for sate 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 tnitial Point Gallery will be displayed for cone- 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 Natl 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 stiputatians and do agree to these general terms and conditions. r Signature: ~~~L~ ~ ~ ~ l:~.i Print name: arrC~l^i n ~ er~~ e~: ~ er Date: ~~~ ~~ ^ /.~, To propose an exhibition in tnitial Paint Gallery, please submit this form, completed in full, with the required materials and fee, via U.5. mail, to: Meridian Arts Commission Attn: Initial Point Gallery 33 East Broadway Avenue Meridian ID 83642 Thank you for your interest! ~ ,.. Meridian Commission Marjorie Reinecker Watercolorist I began painting about twelve years ago as I was contemplating life after retirement. Teaching far thirty plus years in Idaho's public schools was about to come to an end and I needed a positive outlet for a bundle of energy. Thanks to two of Boise's local artists and instructors, Gaye Hoopes and Roland Giampaoli and encouragement from family and friends I was completely captivated by the magic of watercolors. '~`~ Painting flowers is my passion followed by simple vignettes with the challenge of a landscape or two to keep me on my toes. The Idaho Watercolor Society and Nampa Art Guild have provided opportunities for workshops and juried shows throughout the years and a safe haven for much appreciated critiques. Currently i have pieces hanging in private collections in Idaho, Oregon, Arizona, Washington, California, Colorado, Missouri, Kentucky and Hawaii. Truthfully, a few of the pictures have been gifts but the majority have actually been purchases! Marjorie Reinecker Watercolorist Blue Agave 20x16" $385.00 Calla Lily 23x19" $235.00 Day Lily 19x22" $215.00 Dazzling Dahlia 20x19" $210.00 Grape Hyacinth 27x21" $280.00 Japanese Anemone 24x19" $350.00 ,.~ Josephine Clematis 18x22" $240.00 Lighthouse at Peggy's Cove22x18" $185.00 Lily Pond at the Depot 18x20" $260.00 Nasturtiums 16x20" $220.00 Shadow Play 17x18" $220.00 Sharron's Rose 20x25" $275.00 Shooting Stars 20x16" $160.00 Skagit Valley Tulips #3 20x26" $340.00 Skagit Valley Tulips #1 ZOx16" $235.00 Spanish Window Garden 21X19" $2$5.00 .-~. Uncorked 12x14" $105.00 Meridian City Council Meeting DATE: May 22, 2013 ITEM NUMBER: 5V PROJECT NUMBER: ITEM TITLE: Acceptance Agreement: Display of Artwork of Linda Sherrets in Initial Point Gallery from November 1 to November 29, 2013 MEETING NOTES ~/i APPROVED Community Item/Presentations Presenter Contact Info./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 the ~2 day of 2013 ("Effective Date"), by and between the City of Meridian, a municipal corporation organiz d under the laws of the State of Idaho ("City"), and Linda Sherrets, an individual person ("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 8, 2012, 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 18, 2012, by the passage of Resolution no. 12-899, 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 Paint 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 1, 2013, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artist and the Gallery Curator, artwork which 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 1, 2013 at the direction of the Gallery Curator; shall allow the display of such work in Izlitial Point Gallery from November 1, 2013 to November 29, 2013, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on November 29, 2013, 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 l II. COMPENSATION AND SALE OF ARTWORK. A. N~o compensation. Artist shall display Artist's 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 Comnussion 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 andlor 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 maybe safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion ox 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 POIN[' 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. 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 a1i 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 or Artist's servants, agents, employees, guests, and/or invitees. ACCEPTANCE AGREEMENT' INITIAL POINT GALLERY DISPLAY PAGE 3 B. Waiver. Artist shall, and hereby does, waive any and atl 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 ar incident to Artist's performance of this Agreement, whether such loss or damage maybe 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 Artist's responsibility. City shall not provide insurance to cover loss, theft, ar 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, ar interests; and/or of the Artist's employees or agents shall be the sale 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 Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's 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 A.GREEIv1ENT INITIAL PGINT GALLERY DISPLAY PAGE 5 Artist: Linda Sherrets 8721 W. San Anita Drive Boise, Idaho 83704 208-377-3248 linbud@juno.com Gallery Curator: Dwight Williams Mexxdian 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@rneridiancity.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. r.~ IN WITNESS WI3EREOF, the parties hereto have executed this Agreement on this 2Z day of , 2013. ARTIST: Lind Sherrets CITY OF MERIDIAN: BY: Attest: ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 6 ~^'~, Exhibit A Meridian Call for Artists: 2413 IN Commission IAL POINT GALLERY sERrEs The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2013 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 Hatl (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. 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- 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 ar organizations wishing to display work in the 2013 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; r"ive (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.vrg 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 26, 2012. SELECTION PROCESS: The selection of art for the 2013 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 vrill 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 5ELECTION: 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. ^yTACT MAC: By mail: By a-mail: Meridian Arts Commission Attn: 2013 Initial Point Gallery Series 33 East Broadway Avenue Meridian ID 83642 macC~meridiancity.org ,~, Exhibit B :, ~.~ t-. ,~ ..-• ~ ~~ ~r.. S E: P 2012 ~~ 17 Meridian Commission ~~. _ , -- Application Fig Acknowledgments: 2013 INITI~aL. I~C~IIVT' GAL[.E~tY S~~MES ARTIST/ORGANIZtcR CONTACT INFORMATION: Check one: ~ I am submitting this form as an indivfidual artist. ^ I am submittin this form on behalf of an organization. Artist/Org. Name: ~~~~~~~ Organizer name: E-mail address: Mailing Address: ~- Physicai Address: Phone numbers: Day: ~'I y •. ~a yG,~- Evening: Cell: ~-----J APPLICATION OVERVIEW: Check all that apply: )gC 1/we propose to fail one half of Initial Paint Gallery with twa-dimensional artwork. D 1/we propose to fill the entire Initial PoinC Gallery with two-dimensional artwork. !aJ 1/we propose to fill these display cases with 3D artwork: D 24"Wx24"Dx42"H ^ 24"Wx24"Dx36"H ^ 24"Wx24"Dx30"H CJ Z4"Wx24"Dx24"H Number of 2D pieces:. ! 7 Average size of 2D pieces: ~d ~c,a,~ Number of 3D pieces: ~ Average size of 3D pieces:. a APPLICATION MATERIALS: ,~ Completed, signed Application ft Acknowledgements Form ~ Biography of artist or informational statement regarding organization, no longer than one 8'r~ x 11 "page; d 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 .r''"t~ 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 wilt 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. Two-dimensional artwork will be hung from cables, using hooks, and therefore must be equipped with two D rings (fig. 1j an the side rafts on the back of the frame (fig. 2). The inside of each D ring must allow a space of at least one-quarter inch (% ")for insertion of the hooks; any wire constricting this space must be removed. The D rings should be approximately a quarter of the distance of the total frame height from the top of the frame in order tv avofid slanting away from the wall. Wires, eyehooks, and clip frames may not be used for hanging. initial Point Gallery also provides four display cases, each with different dimensions (fig. 3), for displaying three-dimensional artwork. Plcturo Nanpinp wtm Ttvo CaWu . Z. BACK OF FRAME t ~ ~~ ~ ~~ ~ . z, z e^ I ~- ~k- {- ~{.-• FfG. 3.3D ART DISPiAY CASES FIG. 1. D RANG P ~ r ~-. ACKNpWLEDGMENTS: I, ~~.~r:<~IP~CC~ S hereby acknowledge the following stipulations and agree that if this proposal is selected for display at Initial Point Gallery, such display shat[ occur subject to these general terms and conditions, as well as subject to other spedfic 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, 1 will be required to enter Into an Acceptance " Agreement with the City of Meridian establishing the spedfic terms and conditions of the display of the particular works displayed. B. If my work is selected for display in Initial Point Gallery, the Gity of Meridian and Its agents wilt exercise professional care in handling and securing all artwork displayed 1n 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 Gity of Meridian, no piece displayed in initial Point Gallery may have a visible price tag, ~,D D ~-}'' •~ • E. i~C' While it is intended that each exhibit in Initial Point Gallery will be displayed for cone- to two-month period, this period maybe 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 ar 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 i by the artist (or by artist members of the organization) submitting this application. ~~• H. Meridian City Hatt 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 feet welcome and comfortable. To this end, only artists and artwork meeting the eligibility standards described in the Gall far 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 ail of the foregoing stipulations and da agree to these general terms and conditions. Signature. -+~~/. Print name: ~,GL'~.~, ~rP:~i S Date: _ . + Ta propose an exlhibitio in initial Point Gaitery, please submit this form, completed in full, with the required materials and fee, via t1.S. mail, to: Meridian Arts Gomrnissian Attn: Initial Point Gallery 33 East Broadway Avenue Meridian ID 83b42 Thank you far your interests ~~ Meridian Commission LINDA SHERBETS is a graduate of Boise State University with a degree in Elementary Education. After retiring from teaching, she wa~rteth to try watercolor painting. She began lessons with Roland Criampaoli and Will Nelson and continues to paint. Linda is a 12 year member of the Idaho Oatercolor Society and each year shows her work at the Capitol Rotunda and other Watercolor events. She has won awards at the 'western Idaho Fair, the Nampa Art Guild and been chosen for her Mountain Bluebird as a St. Lukes' Christmas card. She has exhibited at St. Lukes' downtown, Elks Rehab Hospital, St. Alphonsus Hospital, valentines for Aids, C11eI§' Affaire, varlaus galleries, and the National Dog Shaw in Wichita, Kansas. Chip, a Golden Retriever therapy dog, is on display at St. Lulces' Meridian, Linda loves to paint the things of nature and has a passion for painting animals, especially dogs, cats and birds. LINDA'S LIST Sunflowers 21 x 19 $225.00 Wild Roses 19 x 14 $175.00 Sweet Peas 25 x 20 $295.00 Yellow Lab 20 x 24 NFS Cedar Waxwing 12 x 15 $125AD View from a Window 22 x 17 $175.00 Bad Hair Day 20 x 16 $150.00 Invisible 21x1,8 $225.00 One Solitary Tulip 17 x 20 $275.00 Bleeding Hearts 15 x 19 $275.00 Primroses 14 x 14 $125.00 Winter Robins 24 x 18 $225.00 Lazuli's at Feeder 24 x 20 $325.00 Ginny's Steelhead 26 x 19 NF5 lemons 18 x 13 $1.75 A Bowlful 19 x 16 $195.00 Grapes 20 x ~.6 $225.00 Personality 15 x 18 $150.00 Meridian City Council Meeting DATE: May 22, 2013 ITEM NUMBER: 5W PROJECT NUMBER: ITEM TITLE: Acceptance Agreement: Display of Artwork of Sue Cervenka in Initial Point Gallery from November 29, 2013 to January 3, 2014 MEETING NOTES uy GPPROVEU Community Item/Presentations Presenter Contact Info./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 ARTW~RK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the ~ day of~, 2013 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Sue Cervenka, an individual person ("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, has invited Artist to display his 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, 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 artwork to Initial Point Gallery, on November 29, 2013, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artist and the Gallery Curator. Artist shall be responsible for installing such artwork on November 29, 2013 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from November 29, 2013 to January 3, 2014, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on January 3, 2014, at 9:00 a.m., or at such time and date as is mutually agreed upon by the Artist and the Gallery Curator. II. COMPENSATION AND SALE OF ARTWORI{. A. No compensation. Artist shall display Artist's 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 artworl{ 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. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 1 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, as well as to ensure that such artwork maybe 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 Exhibit A 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. 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 pernission 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 maybe 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 maybe shortened by City for any reason, without notice to the Artist. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 2 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 or Artist's servants, agents, employees, guests, and/or invitees. 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 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, andlor 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. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 3 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. 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 Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's 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 4 ~1~: Sue Cervenka Address:12324 W Driftwood Dr Boise, ID $3713 Phone: 208-321-7866 suecervenka@me.com Gallery Curator: Dwight Williams Meridian Arts Commission 33 E. Broadway Ave. Meridian, Idaho $3642 (208) 887-6473 dwight5332@q.com ice: 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 WHERECIF, the parties hereto have executed this Agreement on this Z~ day of 2013. ARTIST: i~ ~ ~r .iue Cervenka CITY OF MERIDIAN: BY: Attest: Tammy de a rd, Mayor ~; ~~ ACCEPTANCE AGREEIv1ENT Exhibit A Meridian Commission Call for Artists: 2013 INIfiIAL 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 2013 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 2013 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 26, 2012. SELECTION PROCESS: The selection of art for the 2013 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. ,.rGONTACT MAC: By mail: By a-mail: Meridian Arts Commission Attn: 2013 Initial Point Gallery Series 33 East Broadway Avenue Meridian ID 83642 macC~meridiancity.org Meridian City Council Meeting DATE: May 22, 2013 ITEM NUMBER: 5X PROJECT NUMBER: ITEM TITLE: Acceptance Agreement: Display of Artwork of Candy Collins in Initial Point Gallery from November 29, 2013 to January 3, 2014 MEETING NOTES a~PROUEo Community Item/Presentations Presenter Contact Info./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 the ~~ day of p , 2013 ("Effective Date"), by and between the City of Meridian, a municipal corporation organ'zed under the laws of the State of Idaho ("City"), and Candy Collins, an individual person ("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 8, 2012, 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 18, 2012, by the passage of Resolution no. 12-899, 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 29, 2013, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artist and the Gallery Curator, artwork which 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 29, 2013 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from November 29, 2013 to January 3, 2014, in accordance with the terms of this Agreement; and shall be responsible for .-. removal of such artwork on January 3, 2014, 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 Artist's 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 maybe 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. 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 maybe 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 or Artist's servants, agents, employees, guests, and/or invitees. 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 ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 3 Agreement, whether such loss or damage maybe 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 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 Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's 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: Candy Collins 4150 Hwy 95 Parma, Idaho $36b0 208-674-1156 J. of r ` _,2013. ARTIST: ~... Candy Collins CITY OF MERIDIAN: BY: Tammy de We ,Mayor Go¢~o~t~'~`'o n U~~sr j,9 . ~ ~ o~ n ~* city of Attest' ~,, .. X ~l ~A7nj A r7is City Clerk ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY 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@m eridiancity. 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. 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 pexsons 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~2Z ;day ' IAAHO ~~ SEAL ti ~~'r 4Pti ~R0t~6c 7AE~`'~0.~ PAGE 6 Exhibit A Meridian l Commission Call f®r Artists: 2013 INI~`IAL PINT GALLERY SERIES UV EKVlE W; The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2013 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, Idahoj, 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 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 ar 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 2013 Initial Point Gallery Series must provide the following materials.and information to MAC in order to be considered for selection. • Completed, signed Application Et 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 26, 2012. SELECTION PROCESS; The selection of art for the 2013 initial Point Gallery Series will be made by MAC. MAG 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 folloving 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: 2013 Initial Point Gallery Series 33 East Broadway Avenue Meridian ID 83642 By a-mail: mac@meridiancity.org Exhibit B ~. Meridian Comrn fission Application ~ Acknowledgments: 2013 INITIAL Po~NT c;ei i Fav c~R~~c ARTIST/ORGANIZER COh~TACT INFORMATION: Check one: 1 am submitting this form as D I am submitting this form on Artist/Org, Name: Organizer name; E-mail address: Mailing Address: Physical Address: Phone numbers: an individual artist, behalf of an organization. T- Day: 5 Evenings Cell• APPLICATION OVl*RVIEVI~: Check ail that apply: ~( I/we propose to fill 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: ^ 24"Wx24"Dx42"H ^ 24"Wx24"Dx3b"H ^ 24"Wx24"Dx30"H ^ 24"Wx24"Dx24"H Number of 2D pieces: _ ...~.' ~ Average size of 2D pieces: Number of 3D pieces: Average size of 3D pieces: APPLICATION MATERIALS: l~''Completed, signed Application ft Acknowledgements Form ^~Biography of artist or informational statement regarding organization, no longer than one 8%z x 11"page; t A letter of intent, describing: l a. Artist/Organization's vision for andlor 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. I~ 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. ~`J $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. Two-dimensional artwork will be hung from cables, using hooks, and therefore must be equipped with two D rings (fig, 1) on the side rails on the back of the frame (fig, 2). The inside of each D ring must allow a space of at least one-quarter inch (~/a") for insertion of the hooks; any wire constricting this space must be removed. 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, eyehoaks, and clip frames may not be used for hanging. Initial Point Gallery also provides four display cases, each with different dimensions (fig. 3), for displaying three-dimensional artwork. Plaluro Hanpind with Tlvo Cabiaa FIG. 2. BACK OF FRAME .--~. ACKNOWLEDGMENTS: / I • and ~ lG ~ ~ s ,hereby acknowledge the following stipulations and agree that if this proposal is Acted for splay at Initial Point Gallery, such display shall occur subject to these general terms and conditions, as ~l 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; Cam` A, NITIAL 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. iNir~aL 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 wilt not assume liability for any loss or damage. GC. T a 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 toss, theft, or damage of artwork displayed in Initial Point Gallery. G`~~ 1). ~ a While artwork displayed in Initial Point Gallery maybe 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. ~ a 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 Gity 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. ,:j,, G. - IAL Artwork submitted for display in Initial Point Gallery must be original works conceived and created ~,.,i by the artist (or by artist members of the organization) submitting this application. ~%~,'V H. Meridian City HaII is primarily a place of public business and Initial Point Gallery is a public place. The INITIAL 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 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. t do acknowledge and understand each and alt of the foregoing stipulations and do agree to these general terms and conditions, Si nature: '~-~-..i ~ `' ~~~ ~ ~/ I~4 g i~~~ Print name: ~ ~ `/ l?~ Date: f) t.~ ~ W ~ ~1 2~ To propose an exhibition in Initial Paint 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 83b42 ,.,, Thank you for your interestl Meridian Commission i {tt n ~~ 1 E O'Y~,.~.'?~,~,~Lc-vim ....... _. .. ....e, /(~q,,,?,L,c, i ~ ~~ ~ ~~~ ~~~.. _~. ... . "~ ~~~~~ ~~ ~ . Gy~~ j1~ (.~--vim- c~-~ ... ~--~ .. _ ~ ~ . ~?~.~.~c-~. ~' L _....... ~.... ~- ~' ~ ~ cr/c..~..~.-~ ~ `~~~' ~~i~-r'Z,vu~ air ~-o' /~~~ /~ _ t ~~ ~ ENVw '('S E ~ ~~ ~ i ~ ~ ~~~ ~~'~ :Candy Collins,,~,~' a l 7-year resident of Idaho, who lives iri the Farma area. A Xife~long atilt, Candy emphatically states, "I paint fob . me."Although there is not a median she doesn't work in, Candy currently uses an ail wash with pastels. She describes he at as impessionism, which is the way colors are put onto the page to form an impression of the subject, i.e., a tree or flock of geese flying. After many years of working, Candy just wants to' be able to enjoy her painting. Candy remembers being sally excited about art as young as four or five yeas of age. She cedits the Spokane School District for ecognizing her talents early onn with her teachers helping to develop and encourage her. Describing herself as a rather. quiet child, she felt her teachers used he talent to help Bing hex out. Her ,• teaches would have her "show off" her at wok by taking ~'' it to othe classooms and talk about her art. Contuiuuig through middle school and high school, Candy had. the . support and encouagement of her art teaches. She secured a scholarship to a commercial art school in Spokane and would finish her schooling in Seatr~e. She would ga on to teach K-b~' grade art fo eight years at the same school her children attended. Although her two sons do not conside themselves to be artists, Candy says they both are talented, one being a photogaphe and the other doing hand drawing. In fact Candy's husband . ~ oy~ unique talent creating hand caved doll houses.. When her husband retied, they moved fom the. Seattle aea to rcaral Southwest Idaho where Candy now concentrates on teaching and gallery shows. She is a membe of the Nampa Art Guild, the Weiser At Guild, as . well as the Puple Sage Art Guild in Caldwell. She has shown her work in several galleries and the Art House in Ontario, Qregon. -. Meridian City Council Meeting DATE: May 22, 2013 ITEM NUMBER: 5Y PROJECT NUMBER: ITEM TITLE: Resolution No. ~3 ' ~o~.~ A Resolution Authorizing the City Clerk to Destroy Certain Semi-Permanent and Temporary Records of the Meridian Police Department MEETING NOTES y dPPROYED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE F/NAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS A CITY OF MERIDIAN RESOLUTION NO. 13 ' ~~~ BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN AUTHORIZING THE CITY CLERK TO DESTROY CERTAIN SEMI- PERMANENT AND TEMPORARY RECORDS OF THE MERIDIAN POLICE DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council have the authority pursuant to Idaho Code section 50-907(4) to, by resolution, destroy semi-permanent and temporary records, upon the advice of the City Attorney, and with such disposition to be under the direction and supervision of the City Clerk; and WHEREAS, the City Clerk has identified certain semi-permanent and temporary records that may be destroyed pursuant to Idaho Code sections 50-907(2) and (3) because the time period for retention of such records has expired; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the City Clerk is hereby authorized to direct and supervise the destruction of the following semi-permanent and temporary records of the Police Department: POLICE YEAR(S) DESCRIPTION 1. Semi- ermanent Animal Control Records 01/01/2008 to 12/31/2008 Includes Animal Complaint Reports for lost dogs, dogs and cattle at large, barking dogs, and cruelty to animals 2. Tem orary Impounded & Abandoned 01/01/2008 to 12/31/2008 Includes Abandoned/ Impounded Vehicle Records ~ Vehicle Reports Accident Reports 01/01/2008 to 12/31/2008 Includes Motor Vehicle Accident Reports Arrest Warrant Records 01/01/2008 to 12/31/2008 Includes Arrest Warrant Reports Juvenile Temporary Custody 01/01/2008 to 12/31/2008 Includes reports of juveniles Records taken into custody Lost & Found Property 01/01/2008 to 12/31/2008 Includes Lost and Found Property Records Reports Neighborhood Dispute 01/01/2008 to 12/31/2008 Includes Complaint Reports of Resolution Records incidents of noise, harassment, shooting guns in subdivisions, trespass, insufficient checks, and disturbances RESOLUTION AUTHORIZING DESTRUCTION OF POLICE DEPARTMENT RECORDS PAGE 1 OF 2 Section 2. That the City Clerk is authorized to take all necessary steps to destroy the records as provided by this Resolution. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 2Z day of May 2013. APPROVED by the Mayor of the City of Meridian, Idaho, this ZZ day of May , 2013. APPROVED: Mayor Ta de Weerd ~. ATTEST: By: C . ~"~ Jaycee, Holman, City Clerk ~, lam. o~, amity o{' ~i~AH47 s ~ ~~~~, ~ ~1T a ^~ d T ~r ~r, e ~~ic~ ~~ i.~e. RESOLUTION AUTHORIZING DESTRUCTION OF POLICE DEPARTMENT RECORDS PAGE 2 OF 2 Meridian City Council Meeting DATE: May 22, 2013 ITEM NUMBER: 6A PROJECT NUMBER: ITEM TITLE: May 21, 2013 Unofficial Election Results MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~ (~~. Page 1 of 1 SUMMARY REPORT ADA COUNTY IDAHO RUN DATE:05/22/13 CONSOLIDATED ELECTION MAY 2013 RUN TIME:01:33 AM MAY 21, 2013 UNOFFICIAL RESULTS •~ z ~ ~~ r- ~ ! p VOTES PERCENT '"i1'ti~ ~` ~~ V~"'g i(~YOFC °~- R uI iY CLERF kCE EGISTERED VOTERS - TOTAL 175,849 BALLOTS CAST - TOTAL. 9,457 VOTER TURNOUT - TOTAL 5.38 GREATER BOISE AUDITORIUM DISTRICT DIRECTOR - 2 YEAR TERM George Tway. 2,861 49.83 Peter Oliver 2,880 50.17 GREATER BOISE AUDITORIUM DISTRICT DIRECTOR - 6 YEAR TERM Vote for 2 Rob R. Perez 2,142 19.43 Jim C. Walker 2,647 24.02 Stephanie Astorquia 2,168 19.67 Noah D. Bard 379 3.44 Steve Berch. 2,433 22.07 John May. 1,253 11.37 MERIDIAN SCHOOL TRUSTEE ZONE 1 Ed Klopfenstein 136 27.09 T. Shane Bell 181 36.06 Tina Dean 185 36.85 MERIDIAN SCHOOL TRUSTEE ZONE 3 Carol Sayles 339 50.67 Loraine A. Hand 330 49.33 KUNA SCHOOL TRUSTEE ZONE 4 James Ford 11 29.73 Michael S. Law. 26 70.27 MELBA SCHOOL TRUSTEE ZONE 1 Jason Knopp. 0 Daniel S. Beus. 16 100.00 EAGLE SEWER DIRECTOR Vote for 2 Charles Ferguson 1,273 49.63 James Gruber 1,244 48.50 WRITE-IN. 48 1.87 WEST BOISE SEWER DIRECTOR Graham Paterson 160 49.23 J. Kent Sullivan 165 50.77 CITY OF EAGLE BOND IN FAVOR OF issuing bonds 2,075 90.97 AGAINST issuing bonds 206 9.03 MERIDIAN CITY COUNCIL SEATS YES 582 57.62 NO. 428 42.38 http://www.adaweb.net/elections/resultsBL45.HTM 5/22/2013 Meridian City Council Meeting DATE: May 22, 2013 ITEM NUMBER: 6B PROJECT NUMBER: ITEM TITLE: City of Meridian Scholarship Presentations MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE• May 22, 2013 ITEM NUMBER: 6C PROJECT NUMBER: ITEM TITLE: Presentation of Award from the Council for the Deaf and Hard of Hearing to the Meridian Fire Department MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 22, 2013 ITEM NUMBER: 7 PROJECT NUMBER: ITEM TITLE: Items Moved From Consent Agenda MEETING NOTES .~ ~"J~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 22, 2013 ITEM NUMBER: $q PROJECT NUMBER: MDr~ 13-009 ITEM TITLE: Walmart Overland/Stoddard Public Hearing: MDA 13-009 Walmarf Overland/Stoddard by Wal-Mart Stores, Inc. Located Southeast Corner of W. Overland Road and S. Stoddard Road Request: Modification to the Development Agreement to Change the Fencing Type Along the Southern Boundary of the Site from Eight (8) Feet Tall Vinyl to Eight (8) Feet Tall Pre- Cast Concrete MEETING NOTES ~r€~ouEo Community Item/Presentations Presenter Contact Info./Notes pir~ ~-~ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 22, 2013 ITEM NUMBER: gq PROJECT NUMBER: ITEM TITLE: Mayor's Office: Resolution No. 13 - °~ a5 :Resolution Appointing Larry Gardner, Ryan Lancaster, Tracy Hopkins, Stephen Lewis, David Ballard, Jo Ann Bujarski and Mica Gale to the Meridian Transportation Commission MEETING NOTES ~/i APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. I3- q'as BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ESTABLISHING APPOINTMENTS FOR MEMBERS FOR THE MERIDIAN TRANSPORTATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian, by the passage of Resolution No. 13-1542, on February 26, 2013 ,amending Title 2, Chapter 3 to the Meridian City Code and thereby created the City of Meridian Transportation Commission; and 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, the following members of the Meridian Transportation Commission be appointed to the following seats and terms of service to be effective May 22, 2013: Seat 1, one-year term: David Ballard, expiring May 31, 2014; Seat 2, one-year~term: Jo Ann Bujarski, expiring May 31, 2014; Seat 3, one-year term: Jack McGee, expiring May 31, 2014; Seat 4, youth member: ~1ic~ C~ale~expiring August 31, 2013; Seat 5, two-year term: Stephen Lewis, expiring May 31, 2015; Seat 6, two-year term: Tracy Hopkins, expiring May 31, 2015; Seat 7, two-year term: Pat Morandi, expiring May 31, 2015; Seat 8, three-year term: Larry Gardner, expiring May 31, 2016; Seat 9, three-year term: Ryan Lancaster, expiring May 31, 2016. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this ~ day of May, 2013. RESOLUTION FOR APPOINTMENT OF MERIDIAN TRANSPORTATION COMMISSION MEMBERS - 1 Of 2 r-~ APPROVED by the Mayor of the City of Meridian, Idaho, this ~ day of May, 2013. APPROVED: Mayor T y de Weerd ATTEST: By: ~~' ''~ L' 1 ~ O W 0 ~ /'~ L°ty, of ~ ~ II~I~ lv~ Jaycee .Holman, City Clerk °°Aw~ .n ~Et3,L < ~, ,r P,. ~N ~~ Abe TRE~5~0. 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Y ~ N Q Y d. ~ Q a c~ .~ V a 0 .~ v u v a c r~ .~ GJ 0 z~ ~_ a i--i o W w Q J J L~ 1~ O m w m w F.. a w N 0 w H a U w D J U Z ~ v L O o U U } ~ ~ i _ v U o ~ o ~ Q O ~ ca G v v L N c 0 "~ ~ 00 ~ N L i ~..+ '~ s Y U Z Z a a ~ ~ J_ J_ U U Z Z ~ ~ O O U U C O N ~ ~ L v ~ ~ m a c c ~ o °-' ~ u z z a a ~ ~ J_ _J U U Z Z ~ ~ O O U U v .~ s GJ ~ m C ~ ~ u Y o F- ~' Z ~w O ~ F- Z U w w H ~ Z D ~ w Z ~ O ~ - N a z w O ~ - U ~ w a ~ w ,~ V w ~ ~ Y ~ a?J a N Y a a c 0 s c °1 > o J J U ~ ~ L~ ~ ~ r ~ ~ ~ w w w Z Z Z 0 0 0 N N N Z ~ ~ ~ O O O O N O V Z O H a w U w Y -~ ~ a a v d 4J fl- ~ 7 4J i m O ~ GJ m ~ - ~ ~ v '~ ~ ~ Y s v ~ ~ v~ Y ~ =_, ~ ~ ~ ~ w w w w Z Z Z Z O O O O ~ ~ ~ ~ N ~_ N N O O O O U U U U ^,~ C V ~\ V d c 0 .~ v v c ro N Y !b d c ro .~ 0 Meridian City Council Meeting DATE: May 22, 2013 ITEM NUMBER: 9C PROJECT NUMBER: ITEM TITLE: Continued from May 7, 2013: Fire Department Emergency Medical Service (EMS) Joint Powers Agreement Discussion MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 22, 2013 ITEM NUMBER: gp PROJECT NUMBER: ITEM TITLE: Legal Department: Discussion on the Regulations Regarding Fences in Setbacks MEETING NOTES ~; ~c ~~ ~~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 22, 2013 ITEM NUMBER: 10 PROJECT NUMBER: ITEM TITLE: Future Meeting Topics MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS