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Home My Public Portal AboutP&RAC Minutes 1990 04/04PARKS AND RECREATION ADVISORY COMMTllEh MINUTES April 4, 1990 Attending: Max Williamson, Chairman Kathy Killen, Vice -Chairman Dean Martens Dr. Wayne Allen Also Attending: Craig R. Baker, Recreation Director Call to Order Chairman Williamson called the meeting to order at 7:30p.m. Chairman Williamson informed the committee that Don Belts would be in McCall on April 25, 1990, at 7:30p.m. to show the new park plans and cost elements. At this time it was decided that the May second meeting be canceled and held on April 25, 1990, at 7:30p.m. In addition it was decided that that the July 4, 1990 meeting be moved to July 11, 1990 at 7:30p.m. Upon inspection of the March 7, 1990 meeting minutes there was same discussion of the bottom paragraph concerning Mr. Baker's five year plan. Chairman Williamson informed the committee that he and Mr. Baker had discussed the five year plan and had turned in a tentative copy to Bud Schmidt, City Administrator(see attached article "A"). Don Anderson's Net Pen Rearing of Trout in Payette Lake After a short discussion, Kathy Killen moved to approve the Net Pen Rearing concept, but with concern as to encroachment into the lake, due to the fact that the state and city still do not have regulations or guidelines concerning encroachment. In addition, the committee would like to see a in scale diagram, of the dock and net pens with relation to the new park, Mill Park, and the Marina Log Boar. Dr. Allen seconded the motion. Unanimously approved. Don Belt's and Matching Funds Chairman Williamson informed the committee that Don Belts had applied for matching/grants with the State Water Ways Improvement Program. Nancy Gentry Property Chairman Williamson presented a letter from Mrs. Gentry's attorney(see article "B") that had also been sent to the Mayor, and City Council. After discussion the committee decided that the Gentry property is a integral part of the park and negotiations should continue to avoid condemnation. In addition, the committee decided that they will meet with Mrs. Gentry to gain understanding of definite positions involved, but if no other agreement could be reached, the attached agreement(article "B") is acceptable. Further more, the committee decided that condemnation would use to much of other designated park monies. Chairman Williamson will contact Mrs. Gentry and set up a meeting sometime in the next two(2) weeks. Meeting Adjourned 9:15p.m. DATED: this /0 ih day of April, 1990 aq. L)d MAX IL IAMSON Chairman ARTICLE "A" Program/Department; Recreation Department Department Head; Craig R. Baker FY 1990-91 1. Top quality maintenance of existing and scheduled new parks and recreation facilities 2. Add a new computer that is compatible with the Planing and Zoning Department's and the Treasurey Department's 3. Add a new storage shed, with electricity, if the Depot becomes unavailable. 4. Resurface/repair of High School Tennis Courts(South End). 5. Update & revise Feb. 87 edition of "Park & Recreation Plan." 6. Adopt ordinance as per page 31 #1 of Feb. 87 P & R Plan. FY 1991-92 1. Top quality maintenance of existing and scheduled new parks and recreation facilities. 2. Update and expande current ski equipment inventory. Matching funds with the elementary school may be a possibility. 3. Develop funding methods to implement P & R Plan. FY 1992-93 1. Top quality maintenance of existing and scheduled new parks and recreation facilities FY 1993-94 1. Top quality maintenance of existing and scheduled new parks and recreation facilities FY 1994-95 1. Top quality maintenance of existing and scheduled new parks and recreation facilities 2. Relocate and/or expand softball fields(Fairway Park). 3. Add a Snow Grooming Machine for Cross Country Skiing at the Golf Course. 'ARTICLE "B" Law Offices of KILLEN, PITTENGER & KERRICK, P.A. 200 East Park St. P.O. Box A.O. McCall, Idaho 83638 William M. Killen Gregory C. Pittenger Carl B. Kerrick Mayor and Council City of McCall McCall, Idaho 83638 March 23, 1990 Telephone: 634-7118 Area Code: 208 Re: Gentry Park Property Gentlemen: Since we last spoke I have had a response from my client, Nancy Gentry, as to her current intentions with respect to the property she owns abutting Payette Lake and adjoining the City's proposed park property. Ms. Gentry assures me that she is more than happy to formalize the present arrangement along the terms and conditions originally outlined in the recreational easement agreement which was negotiated this last.fall. However,: she is not willing to grant the fee to the City, nor a perpetual easement. I have prepared a recreational license agreement incorporating the terms and conditions originally set forth in the perpetual easement agreement insofar as they are consistent with a license arrangement; the primary difference is that the license agreement is revocable. In this particular case paragraph 7 expressly provides for that upon 30 days notice, save and except for the summer season. As I have previously represented, my client believes this will allow her and the City to provide the overall property on Joint basis for the use and benefit of the•public without the perpetual feature that members of the Council have indicated they desire. Ms. Gentry's development plans have been and continue to be adopted in concert with the•City's Park Advisory Committee plans so as to ensure that the overall park is developed as a comprehensive whole. Towards that end, Mrs. Gentry has elected to front the expense of a newly designed dock, much more substantial than that previously sited at the location in contemplation of its use by the general public. Likewise, the concession gazebo which she is currently developing is being located and Mayor and Council Page Two March 24, 1990 constructed of materials consistent with the desires and plans of the City's Park Advisory Committee. In effect the City and its patrons will have the features they desire without the burden of the expense. I certainly recognize the legitimate concerns raised by a lack of ownership or perpetual dedication; however, I believe the tradeoff, namely, the avoidance of the rather substantial expense that would be necessitated by a condemnation action more than justifies the associated risk that somewhere down the line the situation may change. While this may not be the optimum situation from the City's perspective, it is clearly economically attractive. The City can proceed with its development plans without the need to divert, unnecessarily in my view, their limited funds to acquire title to land they are being offered the use of; further, Ms. Gentry is willing to fund an improved dock which will enhance the utility of the park at no expense to the City. Whether the immediate acquisition of a perpetual or fee interest warrants the consumption of the limited park funds and the almost certain curtailment of its immediate development and use is a discretionary call. In my judgment since the City always enjoys the right to acquire title by condemnation, whether or not it exercises that right is almost irrelevant to the accomplishment of the real objective, namely, the present development of the overall park property. I urge you to adopt the enclosed proposal as being in the best interest of all concerned. Sincerely, KILLEN, PITTENG& KERRICK, P.A. William M. Killen WMK/ch enc cc: Nancy Gentry RECREATIONAL LICENSE AGREEMENT THIS AGREEMENT is made by and between NANCY M. GENTRY, P. O. Box 1233, McCall, Idaho 83638, as Licensor and the CITY OF McCALL, a municipal corporation of the State of Idaho, P. 0. Box 1065, McCall, Idaho 83638, as Licensee. WHEREAS, the parties presently own adjoining parcels of land within the municipal boundaries of the City of McCall, Gentry owning the parcel described in Exhibit A, and the City owning that immediately adjoining to the North and South; and WHEREAS, the owned properties front on Payette Lake and by location and contour are well suited for development and use as an element of the City parks and recreation system; and WHEREAS, both parties are desirous of effecting such objectives by formally conveying a recreational license from Gentry to the City for their use ofthe property as an outdoor recreation area for the use and benefit of the public. NOW, THEREFORE, in consideration of the foregoing and the terms and conditions which follow, the parties agree to perform, each for the other, as follows: 1. Licensee shall be entitled to the enjoyment of the license so long as the property is used, maintained, and preserved as an outdoor recreation area available to the general public. RECREATIONAL LICENSE AGREEMENT - Page 1 2. Any improvements to the property shall be limited to landscaping, equipment, structures or facilities consistent with the intent of this license, namely, its occupation and use as a public outdoor recreation area. In particular, licensee may construct pedestrian, bicycle, or auto access ways across the premises. 3. Licensee shall be responsible for maintaining the property, including the dock, in a clean and orderly condition so as to minimize any risk of harm to the public; the Licensee has the right to remove or relocate the existing dock; it shall likewise provide suitable liability coverage of the premises by way of contract of insurance or other comprehensive liability plan including, but not limited to, indemnifying and holding harmless the Licensor from any claims, suits, actions or the like for injury arising from, upon, or in some manner derivative of the premises involved. 4. Licensor reserves all rights in the land not granted by the contemplated license or inconsistent with the foregoing terms or conditions delineating the parties intent; the rights reserved include, but are not limited to, the following: a. Non-exclusive day -use moorage rights at the existing dock, or any replacement thereof, which services the property. b. The right to operate a concession gazebo from the upland area consistent with the contemplated recreational nature of the property and existing zoning regulations; such concessions, by way of example only, could include the rental of windsurfers, canoes, or other watercraft. In particular, the property lies within Zone F-Urban Agriculture and Recreation District overlayed by Zone I - Shoreline and River Environs District (overlay). These limit permitted commercial concession uses to outdoor recreation and equipment rentals (Section 3-10-2[D] 5- McCall Code) and expressly regulate set -backs, heights, exterior building materials, and size. The construction and maintenance of the contemplated structure would be at the sole expense of Licensor and would be sized and RECREATIONAL LICENSE AGREEMENT - Page 2 located in a manner consistent with the governing zoning provisions and, as such, subject to review and approval by the City of McCall, and in any event not to exceed 225 square feet of area upon the ground. A limited range of food and non-alcoholic beverages may be offered as well. Licensor shall be obligated to obtain and maintain liability coverage on any business operations based at the concession stand, with the Licensee named as an additional insured. c. Licensor's concession rights on the premises subject to the license shall be exclusive, namely, the City may not exercise or grant like rights to others as an incident of its license holding; this shall not preclude the assignment of such rights by Licensor. 5. This agreement shall continue until terminated; it shall be subject to termination upon thirty (30) days written notice from either party; provided, however, Licensor agrees not to terminate during the summer season, namely, Memorial Day weekend through Labor Day weekend. 6. The terms and conditions herein shall bind the parties, their heirs, assigns, or other successors in interest. EXECUTED this day of , 1990. LICENSOR: LICENSEE: CITY OF McCALL NANCY M. GENTRY JOHN J. ALLEN, MAYOR ATTEST: ARTHUR J. SCHMIDT, CITY CLERK RECREATIONAL LICENSE AGREEMENT - Page 3 edge ' Ir ! v/ 1 � EAST /6 'cmp Inver/ 5000.5 ----. /2 conc. pipe _ C Ono, —� J Inver/ 92.8 L, \ co \�' 0 PARc_ti U � (1 a • glove/ parking (7 s/-- �j'LK"/� 0 'w/2c'4