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February 24, 2004 C/C Minutes Maridian City Council February 24,2004 Page 3 of 88 F. G. H. I. J. K. L. M. C. Findings of Fact and Conclusions of Law for Approval: PP 03- 038 Request for Preliminary Plat approval of 71 single-family residential building lots and 7 common lots on 19.07 acres in a proposed R-8 zone for proposed Baldwin Park Addition by Capital Development - north of West Ustick Road and east of North Linder Road: D. Attorney to prepare Findings of Fact and Conclusions of Law for Approval: PFP 03-004 Request for Preliminary I Final Plat approval of 2 building lots on 3.775 acres in a C-N zone for Cherry Crossina Commercial Subdivision by Hawkins Companies - northwest corner of West Cherry Lane and North Linder Road: E. Ratify Adoption of Resolution No. 04-426: Amendment to the Collective Labor Agreement, between the City of Meridian and Local #2311 International Association of Fire Fighters: Resolution No. 04-427 : Park Fee Use 2004: Resolution No. 04-428 A(¡reement Service Fee: Third Partv Billina Three Partv License Aareement with NMID Sewer Crossing: Eight Mile Lateral Well #26 Test Well Lot Lease with Goldcreek Developers: Well #26 Test Well Drillina Contract with Adamson: Well #20 Pipina Pressure Zone Modifications Agreement - Civil Survey: Agreement with Meridian Youth Baseball: Development Agreement: AZ 03-026 Request for Annexation and Zoning of 5.11 acres from RT to C-G and I-L zones for Cortabitarte Annexation by Jack Cortabitarte - south of East Fairview Avenue, and west of North Eagle Road: De Weerd: Item No.3 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council February 24, 2004 Page 4 of 88 e"", I we""""",, - we..... to move Item l, ... -"'........ Maridlan V- ""'ebaJ/, to 5-l aM "'rs ... only thing, I b~leve, We <>eed to .""e off the """"nI a""""a. And wffh "at I -Id mova .. a- ... Cono... AgeMa aM "" ... Me"" to sign and the Clerk to attest on all proper papers. Wardle: Second. Oe Wee"" OkaY. 'rs - -... .M -"""" to ap- ". Co",",,' Ago"". .... the removal of L to five. Mr. Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea. MOTION CARRIED: THREE A YES. ONE ABSENT. Item 4: Department Reports: A. Public Works Department - Brad Watson 1. Discussion of Water Division Space Analysis StUdy: De W...., Thank YOU. Okay. Item No.4. Depa""'on' R.pm¡,. W. .., begin .... ""~. Works. Brad Watson to discuss the Water Division Space Analysis StUdy. W""",,, Thank ""'. M""'m Mayo, aM Coo"", Mom...... , did by 10 ,.". "'" a memo wJth "'me enO/osu"" ~" TIt"",ay. 00 "'" ha"" thai .. "'" paoket? OkaY. It "'n, make. "'" mine, then. , WOo ;u" roriouo. Th... " ""lie a long ".ae",1Ion , '"'"" ...... about What"" ... doing Wffh fh~ W- DMa~" Spa", An""", S'""y. It d" happen. ...t "at day I did fiod oat.... ""', M.,." - pJ.aaing on me.... Wffh Bo"" Slate -"'... ..., -, .. we <>an .Me, ""'Ipon. th;, d;"""100 unfij .... "'0 have that moeuog '" I cao -the fun CoOecll 00 whars go;og ca '" I cao "mp~ answer any questions, Whatever you wish. De W_, M,. W-., l!h"'" lor, pu !his on ""'" "","", _a aM - _u,", we meet .... !he .- ""'-' """ and thee, J believe. J don, have my eel_, Ie ""'" of me. Wan1'., On. - aad 1 "'" - , """k "'" ha"" lhal -... ""ad"~d fo, ""'" Wednesday, March 3rd. De Weerd: Okay. Watson: So two weeks? De Wee"', WOUld' be a pro¡,¡"" ."... Wal., department "we delayed ... d;sq""roo until then? Meridian City Council February 24, 2004 Page 5 of 88 Watson: I don't believe it would be a huge problem. The only reason that we stuck to this timing was to -- if we came to some conclusions this spring, to get it into this budget cycle, but I think we will still be okay. De Weerd: Okay. Okay, Council, if you don't object, we will just go ahead and put that on the second meeting in March, on March 9th, for discussion and possible action. Okay. Okay. Is there any other reports? Item 5: (Items Moved from Consent Agenda) L. Agreement with Meridian Youth Baseball: De Weerd: Okay. Hearing none, we have L removed from the Consent Agenda, so we will ask Councilman Nary to -- for discussion on the agreement from Meridian Youth Baseball. Nary: Madam Mayor, Members of the Council, I had reviewed that and I'm sure most of you -- all of you have as well and I didn't have any objection to the agreement as written. My only concern was I think there has been some discussion with Meridian Youth Baseball about charging of admissions to some of the events that are going to be on the site and I guess I had a couple of concerns about that. One of the concerns is that under the Idaho Code we maintain some immunity -- liability immunity when we don't charge admission for use on public facilities. And my other is more the philosophical concern I have of charging people for use of public facilities. I recognize that Meridian Youth Baseball is raising a lot of funds and is -- or paying a lot of money for the improvements on the site, but the rest of the public is paying for the site and so I'm concerned about not having some language in this agreement that there won't be any admissions charged and if there are going to be admissions charged, that we would have the opportunity to have that discussion prior to any event that would charge admission, so that way if there is some need for indemnification, if we want to do that, we have some flexibility to do that, but right now it's silent to it and I'm not sure if we wanted to simply leave that open to a later discussion and so I wondered what the rest of you thought about that. De Weerd: Mr. Nary, I guess in talking to Mr. Strong and also Trace Layton, my understanding is that it's a Meridian Youth Baseball tournament type of rule in that the tournament team, then, takes - the winning team takes that money as they move forward to regionals and so the money that would be collected at the gate is not something that that club would retain, it goes with the winning team to help defer costs to move on in that process. But I think it's reasonable to me, if we address it on an individual basis, but maybe Mr. Strong has some comment. Strong: Madam Mayor and Members of the Council, to clarify this issue, what's been discussed to this point is related to what the Mayor was just talking about. With the Cal Ripken League to bring a state or regional tournament to Meridian, the requirements are to be able to charge a fee to cover the costs of the toumament and, then, to pay for the Meridian City Council February 24, 2004 Page 6 of 88 cost of winning teams to move on. It would be an annual tournament that Meridian would compete to get in Meridian, that would include Oregon, Washington, and other states. So, it would be a once-a-year event. There would not -- there would not be a fee charged for regular or ongoing league play at the field, it would be for tournaments that we would compete to get in Meridian. De Weerd: Mr. Wardle. Wardle: Madam Mayor, just to address some of the comments that Councilman Nary had -- and Doug had given me a call and we talked a little bit about it. They are looking - - Meridian Youth Baseball is looking for potentially no more than once a year, but -- and I'm not an attorney, so I'll ask this question. The tournament is sponsored by the organization, so I - and appreciate looking out for the city's interest and looking for some kind of indemnification, but I think in this instance that would be something that is probably very doable from the oversight national organization. It's probably standard practice in other parks and I would ask maybe Mr. Layton if he would -- Strong: I think Mr. Layton would best address that. De Weerd: Oh, he's probably lucky I didn't see him sitting out there. Layton: Do I need to say who I am? De Weerd: I need to swear you in. No, I don't. Would you, please, state your name. Layton: Trace Layton, Meridian Youth Baseball. Yeah, for our tournaments, our regular season, we do not charge any kind of a gate fee at all. Cal Ripken National, Babe Ruth National, does -- we don't even set the gate fee, they tell every host tournament what they are going to charge for a gate fee for a family pass and an individual pass and that goes to cover umpires and -- for that tournament strictly and all that's left goes to the team that wins state or regionals to move to the next level to help their family get there. The host league does not get to keep any of that money. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I believe that's only at regional. State you don't have that, because -- Layton: Yes. State we have to charge -- you got in free last year, because you were special. Bird: You weren't charging anybody, were you? Layton: Yeah. Maridlan City Council February 24, 2004 Page 7 of 88 Bird: Oh, were you? Layton: Yeah. Bird: Sorry. I didn't -- I didn't believe that -- I didn't know you was charging last year. I thought that at the state level you didn't - Layton: Yeah. State -- Bird: It isn't something that the city -- it isn't something that the city hasn't been doing on city property already. As everybody knows, the American Legion Baseball field up there, which was put in by American -- Meridian Athletic round table monies, with no city money at all -- charges for their game. We have to at the legion level and for the high school level. I'm like Mr. Nary, on the regular basis of inter-league deal, I don't like to be charged -- or see charges, but I know when you have your special, your state and regional or national tournaments, that you have to charge on that, because of the organization. But it isn't -- it is something that has been done in the city at the American Legion baseball field since 1981 or '82 when we developed that field. Layton: Another point that -- we, actually, as a league, have to pay Cal Ripken National if we are awarded regionals or the world series, we have to pay Cal Ripken National out of our -- our league has to pay them a set fee in order to host it. That takes care of -- that money actually helps get some of the other teams here, too, and also pays for advertising and whatnot and getting the officials here and stuff and if we have to -- in order for us, if we are not allowed to charge gate fees, first of all we'd probably take the risk of not even being awarded regionals, but if we were, by chance, I'm sure they state, well, we usually collect this many hundreds of thousands of dollars off the gate, you're going to have to pay us that, so that would be more money that would come out of our league and as a league, being nonprofit and trying to keep the fees as low as we can and scholarshipping as many kids as we do, we wouldn't even be able to probably do that. You don't make any money off these regional toumaments. The best thing about it is as a league point -- standpoint is your kids aren't traveling, it gives you the benefit of your kids are sleeping in their own bed, they usually play better, and, as a community, it brings in a ton of money. When we hosted state last year, I know that both the Microtel, the Best Western, and the Sandman were all three completely full with parents and players from the other teams at the state. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: I guess so everyone understands, I'm not opposed to the idea, but I think it's a policy decision of this Council to decide to charge a fee for any use of a public facility, regardless of what it is. I recognize that at the legion field we have done that and I'm assuming that somebody 20 years ago made a policy choice to do it that way and that's okay. That's my only point, was to do that. But, secondly, if we are going to make that Meridian City Council February 24, 2004 Page 8 of 88 decision, I don't want the city to get sued, because we have waived that recreational immunity to allow someone to charge on our public facility. Therefore, someone needs to indemnify the city, so when someone -- if someone gets injured, whether it's Cal Ripken, whether it's Meridian Youth Baseball, whether it's the city decides to take that risk, that's all I'm saying, it's not in the agreement. I'd like it to be in the agreement as to what those decisions are and who is responsible for them when we have it. It doesn't bother me to have it, I just want it in the agreement, so that way we don't always have to re-invent that five years from now or ten years from now, this is a 25 year agreement, I'd just like it to say what those -- what those rules are. And, again, whether it's the city that's going to take that risk, whether it's partnering with Meridian Youth Baseball, or Cal Ripken or whoever it is, if we are going to make -- if we are going to allow people to be charged a fee for basically using a public facility, we should contemplate that in the agreement. That's alii was wanting. Layton: One thing I might suggest, maybe -- I'm not an attorney, but possible verbiage on that is that if it's written in there, if something about that it is acceptable, or whatever the word is, to host from a state tournament level up, to regionals to world series, that, then - because that's the only time we would be doing it as our organization. You know, we are willing to sign that, so -- Nichols: Madam Mayor? De Weerd: Mr. Nichols. Nichols: Madam Mayor, if I may. Councilman Nary, with regard to the indemnification issue, in paragraph five -- it starts on page four of the agreement. There are provisions with regard to indemnity and that includes a provision that Meridian Youth Baseball carry the insurance, which includes the city as an additional named insured, which would assist with the concern that you have raised of waiver of recreational immunity and, then, from what Mr. Layton said, clarifying, we could include a provision in the agreement that simply says there would be no gate charges for activities hosted by Meridian Youth Baseball facility, except for state or regional tournaments upon notice to the city, something that - we can come up with some language that would address that, if that's your pleasure. Nary: That would be great. Bird: Is that okay? Nary: Yeah. I think that would be great. At least that it's clear to everybody that the facility is a public facility, but there are certain events that we have made a conscious decision to charge for and cover that risk. I think that's fine. Bird: So, you're willing to go for a motion to accept this agreement with those changes? Nary: We can either do it tonight or make the changes for next week and -- Meridian City Council February 24, 2004 Page 9 of 88 Bird: I think they'd like to get on, because they got fund raising to attend to. Nary: That's fine. De Weerd: Was there anything else that you needed to address? Layton: No. De Weerd: Okay. Thank you. Okay. Council, I would entertain a motion. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we enter into the agreement with Meridian Youth Baseball, Inc. The agreement dated February 24th, 2004, and to work out some new wording under the indemnification section five agreeable to both Meridian Youth Baseball and the city and for the Mayor to sign and the Clerk to attest. Nary: Second. Nichols: Madam Mayor? De Weerd: Mr. Nichols. Nichols: Madam Mayor, Councilman Bird, if you could just give the flexibility to put the paragraph perhaps where it may be more appropriate in the agreement. It may be under conditions of use or somewhere. Bird: That's fine with me. Where ever you want to put it. Nary: I concur. De Weerd: Thank you. Okay. The motion is to approve Item 5-L, agreement with Meridian Youth Baseball. Is there any further discussion? Mr. Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Tabled from February 17, 2004: FP 04-008 Request for Final Plat approval of 56 single-family residential building lots and 2 common lots on 17.8 acres in an R-4 PD zone for Lochsa Falls Subdivision No.9 by Lochsa Falls, LLC - west of North Linder Road and south of West Chinden Road: