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: