HomeMy Public PortalAboutP&RAC Minutes 1993 09/30PARKS AND RECREATION ADVISORY COMMITTEE
MINUTES
SEPTEMBER 30, 1993
I. ROLL CALL AND CALL TO ORDER
Chair Grote called the meeting to order at 7:05 pm. Committee members Martens, Killen, and
Coyle answered the roll call. Chair declared a quorum present. Also attending was Administrator Schmidt,
Director Baker, Allen Congleton & Kevin Muir - Inland Marine Construction, Carl Kerrick, Jim Faronk -
Toothman/Orton Co., and Kathy Rake - Playground equipment in Mill Park.
II. MINUTES - AUGUST 12, 1993
After brief discussion, and correction of f~re track cost, Killen moved to accept the August 12,
1993 minutes, seconded by Coyle and the motion carried.
III. DOCK BUILDING NEAR MILL PARK - ALLEN CONGLETON & KEVIN MUIR
Congleton explained to committee that he has taken over Muir's dock building business and site.
Congleton stated that the dock building site near the net pens he now operates is one of the two sites which
the committee recommended rescinding the Lake Access Permit to and the council did so. Congleton feels
that the dock building operation is a vital need for the community, not only for installing docks but for
removal of old docks and logs and asked the park board to explain their reasons for rescinding Muir's Lake
Access Permit.
Grote explained that the park board has long been concerned about the scenic and safety impacts of
dock building along a park walkway, which was the reason for the board's action.
Committee discussed with Muir and Congleton the current method used to build docks which takes
place off the launch site and the fact that during the summer of 1993 the site was used only as an access
point. The only time there were logs in the area was when they were being removed. Muir stated that in
the seven years he has been operating at his site there has never been a complaint and feels that the business
is being penalized due to the improper conduct of the other dock builder. Administrator explained that there
has never been a complaint about Muir's operation but the other dock builder has had regular complaints
since the day it went into business. Administrator also stated that since the site is now in a park way,
rather than a street, a fee could be charged. Muir stated that when the lease was first drafted he had offered to
pay a fee to the city just as he pays a yearly fee to the state, but at that time the city did not desire to collect
a fee. Martens reminded the committee that at one time there was some discussion on erecting a
interpretive sign at the dock building site. Administrator suggested that Brok Gould's dock building
operation has had enough citations from the city as well as the state to allow cancellation of his Lake
Access Permit and if the committee feels a dock building operation is a benefit to the city by removing
trash and old docks, Congleton is the obvious choice.
After this discussion Coyle moved to recommend Council approve assignment of
the Lake Access Permittee currently held by Kevin Muir to Inland Marine
Construction run by Allen Congleton for a dock removal and launching operation. The
motion further recommends:
· council rescind the prior cancellation of Muir's lease agreement to the Department of
Lands
· council direct staff to negotiate an addendum to the existing lease which includes
access fees payable to the parks and recreation dept., provides for physical mitigation,
and requires council approval for transfer of permit ownership.
Killen seconded and the motion carried.
After discussion concerning Brok Goul's dock building operation Martens moved to recommend · · · · ·
council stand on its request to the Department of Lands to cancel the Lake Access
Permit issued to Brok Goul due to abuses of his lease including excessive noise,
blocking the bike path with vehicles, parking excessive number of vehicles on E.
Lake St., eliminating access to Mill Park by the public, storing lumber on city
property, unauthorized removal of natural vegetation, unauthorized posting of .signs
prohibiting the public from its property, failure to maintain the lease site in workman
like order and fouling the water of Payette Lake with wood debris and Styrofoam trash.
Coyle seconded and the motion carried.
IV. LETTER FROM CARL KERRICK(ATTACHED) - CARL KERRICK
Mr. Kerrick explained to the committee that council had requested the committee insure that the
piece of property in question was not part of the city's park inventory. In addition, Kerrick stated that the
five joint property owners have been paying yearly taxes on the property.
After a short discussion Martens moved to recommend council divest any interest in
the parcels and acknowledge it has never been seen or considered as part of the city's
park inventories. Kathy Killen informed the committee that since her husband is Mr.
Kerrick's business partner that she would abstain from voting. Coyle seconded and the
motion carried with Killen abstaining.
V. MILL PARK PLAYGROUND - KATHY RAKE.
Mrs. Rake informed the committee that fund raising efforts had raised $10,000.00 for the
installation of playground equipment in Mill Park and that the fundraisers have set May of 1994 for the
start of construction. In addition, Rake informed the committee that the Rotary Club had been contacted
and asked to install the playground equipment and the local Shriners have agreed to help with the
handicapped section of the equipment. Finally, Mrs. Rake informed the committee that she has other
money donors which need to have a definite location for the playground equipment prior to donating and
asked the committee if the equipment could be installed just south of the restrooms and east of the walking
path. Committee discussed the U of I's Centennial grove currently located at that location and Mrs. Rake
informed them that only two trees remain alive and one of them would not have to be removed. Committee
all agreed the location south of the restrooms and east of the walking path would be a suitable site for
playground equipment.
Mrs. Rake asked the committee if they thought the city might be willing to donate excavation of
the site. Administrator informed the committee and Mrs. Rake that the spring time is the busiest time of
the year for the Public Works Department, so a project like this would be the last thing on their list of
projects and there would be no way to schedule a specific day and time or even month to do the excavation.
Coyle informed Mrs. Rake that the State Parks, Forest Service and the Deparlment of Lands all do a
specific number of hours of community work each year and this type of project would qualify. Mrs. Rake
said she had not contacted any of these agencies and would do so.
Following discussion, Chair with consent of the committee requested Mrs. Rake to return to the
next park board meeting with evidence that she has notified the other interested parties, specifically the U of
I Alumni Society, the McCall Music Society and Mill Park Condominiums, of the proposed location so
that they have an opportunity to comment before the board votes on the matter. Chair directed Baker to
notify these parties of the board's next meeting at which she expects a decision to be made.
VI. STAFF REPORTS
a. Administrator
1. Administrator informed the committee that the open forum on the Recreation Program
has been changed from October 7, to October 21 due to the seventh being an extended school holiday.
2. Administrator informed the committee that the Old Goff Clubhouse was to be sold on
August 25th but the city received no bids. Since there were no bids council decided to drop the minimum
bid and reopen the site for bids until October 11. Martens asked if the city had to accept the high bid and
Administrator informed the committee that the city could reject any and all offers if it wanted to. In
addition, Administrator informed the committee that the Urban Renewal Board may once again have an
interest in that piece of property.
3. Administrator informed the committee council took action on requests to save trees in
the middle of the city's gravel pits which it's generally agreed will become a future park when the gravel
resource is exhausted. He reported that Grote and Coyle attended the council meeting where the matter was
discussed and that Grote voiced to the council a need for a conceptual park plan to guide the removal of
gravel from the pit. Administrator introduced Mr. Jim Faronk and informed the committee that he works for
the Toothman/Orton Co. and is currently involved with the Spring Mountain Ranch project which is
involved in the current removal of gravel from the city pit. Administrator informed the committee that the
city is getting ready to do aerial photos of that section of the city for the upcoming water flow
improvement projects and these photos/topos could be used to help develop a plan. After discussion
concerning the potential to develop a conceptual plan that will allow day to day planning and removal of
material from the pit, the date photos/topos would be ready and the construction season, Mr. Faronk agreed
to develop a simple conceptual plan for the city as soon as the construction season ended in December or
January.
4. Administrator informed the committee that Attorney Burton has informed him that
Mr. Hoyle has dropped his price down closer to the city's price and a settlement may be reached without a
condemnation proceeding.
b. Recreation Director
1. Director Baker informed the committee that the Administrator has requested all
department heads do a five year, prioritized capital improvement report in preparation for the 1% sales tax
package soon to be presented to the voters. He said that the committee must declare its priorities at this
meeting. Chair Grote noted the lateness of the hour and complained about being forced to consider such an
extensive topic right on the spot. She criticized Baker and Schmidt for not informing her of the task prior to
setting the agenda so that board members could have come prepared. She reminded staff that the park board
volunteers their time and that poor planning on staffs part should not constitute an emergency on the
board's part. After discussion, Grote concented to poll members over the weekend and deliver a priority list
on Monday.
2. Committee requested a copy of the 1993/94 Recreation Fee structure be attached to the
meeting minutes(attachmen0.
3. Director informed committee he had talked to the Code Enforcement officer about dogs
in Legacy Park and the officer was willing to check on the park more frequently.
4. Committee discussed up coming open forum on the Recreation Program.
Administrator informed committee he has requested Director to do a comprehensive report on the Recreation
Program which by design should bring up the issues involved in running the Recreation Program and help
point where the program is headed.
VII. NEW BUSINESS.
1. Review of August 21 & 22 Payette Lakes Arts and Crafts Fair
Director informed the committee that the fair had no real problems but it appeared to him
that the fair's growth from 86 vendors to 102 caused the park to reach its capacity. Director informed
committee that he felt the number of vendors should be capped. Martens asked director how much the city
was charging. Director informed the committee that the fair has been charged $150.00 per day and $75.00
for Fridays set up for a total of $375.00. Martens asked how much the fair charged vendors. Director was
not positive but believed the fee to be $150.00. Administrator pointed out that if each of the vendors were
required to purchase a $25.00 hawker's license the city would take in $2,550.00. Driector and Administrator
said they felt that the city has not been charging enough for this event. Director informed committee that
in addition to the reservation fee collected Mr. Kismet paid the $300.00 electrical hook up fee for Fairway
Park. After discussion Chair with consent of the committee deferred this topic to the park board's next
meeting where it is planning on recommending adoption of a new parks reservation policy. 2. Possible new park board members
Chair noted for the record that she has informed each committee member individually of her
preferred candidate to fill the park board position vacated by Malcolm Scott. She noted for the record that the
candidate has asked for two weeks to make a decision and that she's sure the candidate prefers her to keep
their discussions private until a decision is made. She reported that in her individual discussions with each
committee member, all were enthusiastic and hopeful the candidate will accept the position. Chair asked the
park board and staff to develop a list of other names they wish to be considered, not only for this position
but for the potential vacancy that will open if member Martens is elected to the city council.
Director informed Chair that Mr. Mike Lenzi a local Realtor who coached a youth baseball team in
1991 & 1992, and Mr. Ron White who coached a youth baseball team in 1993 have both recently expressed
interest in sitting on the Parks and Recreation Advisory Committee. Chair said that she had received a
phone call from Ralph Hass, who works at the city's golf course, expressing interest. She said she had
invited him to the meeting to get an idea of what the board does and that he might stop by the meeting after
his late shift.
Chair with consent of committee directed staff to place this subject on the committee's November
agenda. She noted that then they would know if they had one vacancy or two. 3. City owned land on Shavers development site.
Administrator informed committee that the developers for the new Shavers Supermarket are
developing a conceptual drawing of what the area will look like and the park board has been requested to
look at the plan prior to the city executing a lease. Committee agreed to schedule a noon meeting as soon
as the conceptual drawing has been completed.
NOTE: Mr. Ralph Hass entered the council chambers and chair introduced him as someone who has
voiced an interest in the position on the board and has come to observe the committee.
VIII. OLD BUSINESS
1. Park Reservation Plan
Chaff distributed a updated Park Reservation plan. Killen reminded committee that due the new
form of government McCall will have this year, council may not be approving any reservation because the
city manager will be handling all the day to day duties. Chaff said that until the city manager and the
council take the board out of the reservations review business, they should continue to work on the policy.
Chaff directed staff and committee to take the parks reservation document home, write any notes or
comments on them and turn them into the Star News office by Monday, October 11, so she can draft a
updated version which can then be recommended to council at the next meeting.
IX. REPORTS ON NON-CITY PARKS AND RECREATION ISSUES
Killen informed the committee that the Payette Lakes Trails committee had been officially awarded
an Idaho Transportation grant and that the grant had been upgraded to the same fiscal year as the city's.
Committee discussed the possibility of sharing engineers, designers, etc. to save money.
After discussion Killen moved to recommend Council direct staff to explore the *****
opportunity with P.L.T.S. for cost saving by sharing planning, engineering and
development since the city's and the P.L.T.S. grants are now on the same fiscal
schedule. Seconded by Martens and the motion carried.
X. OTHER BUSINESS
1. Chaff informed committee that the day care businesses have been taking over Legacy Park
during the lunch hour. Committee agreed this was possible commercial use of the city parks. Martens
suggested that we write the various day cares and invite them to a park board meeting to discuss their park
use during the summer. Committee agreed this was a good idea and Chair with consent of the committee
directed staff to place this on the December or January agenda.
2. Martens suggested that we set a date to discuss and review the park maintenance contract.
Committee agreed and Chair directed s~aff to attach a copy of last year's park maintenance contract to the
meeting minutes (attached) and to place Kevin Grove on a future agenda.
3. Martens reminded committee that we need to start planning a volunteer parks clean up day for
next spring sometime in the near future.
XI NEXT MEETING
Next Parks and Recreation Advisory Committee meeting set for October 15, 1993 - 4:00 pm in
the Council Chamber
Chair
William M. Killen
Carl B. Kerrick
Law Offices of
KILLEN & KERRICK, P.A.
200 East Park St.
P.O. Box A.O.
McCall, Idaho 83638
September 22, 1993
Telephone: (208) 634-7118
FAX (208) 634-5880
Mayor and Council
City of McCall
P. O. Box 1056
McCall, Idaho 83638
Dear Mayor and Council:
I have been retained by Nick Moore and four other property
owners to assist them in clearing the record title to a
10-1/2 foot wide strip of land located between the Davis
Beach Tracts and Sunset Subdivision and extending from East
Lake Street to Payette Lake. Mr. Moore and the other
property owners each own a parcel of property one tier back
from the lake. They also each own a 1/5 interest in the
10-1/2 foot wide strip of land described above, which they
use to access the lake and their privately owned dock.
A problem arose this summer when Mr. Moore was in the
process of selling his back tier parcel and his 1/5 interest
in the 10-1/2 foot wide strip of land to another party. As
the title company was preparing its title report it
discovered a problem in the chain of title relative to the
10-1/2 foot strip. The problem is that a deed had been
recorded that conveyed the 10-1/2 foot strip from the Dewey
Davis Estate to the City of McCall in 1958. The next deed
of record pertaining to this strip of property conveys the
same strip of land from the Dewey Davis Estate to James and
Faye Costoff in 1965. The Costoffs then ultimately divided
the ownership interest in the 10-1/2 strip into undivided
1/5 interests which Mr. Moore and the other four property
owners presently own. The obvious problem in the chain of
title is that the Dewey Davis Estate conveyed the same
parcel of property twice, once to the City in 1958 and again
to the Costoffs in 1965.
I have done some research in an effort to obtain additional
information regarding these deeds and whether the City ever
actually accepted the 10-1/2 foot wide strip when it was
conveyed. The City Council mi'nutes have been examined
rather thoroughly for the time period during which
these deeds were recorded and intervening years and there
appears to be no minute entry indicating the City ever
accepted the property. City Attorney Ted Burton did locate
the 1958 deed in the City's property vault.
Mayor and Council Page Two September 22, 1993
The Valley County Assessor's records indicate that property
taxes relative to the strip were paid by the Dewey Davis
Estate until the transfer to the Costoff's in 1965. The
taxes have been paid continuously thereafter by the private
parties who have held title to the strip. The strip was
never removed from the property tax rolls, as it should have
been if titled in the city.
I contacted the Costoffs by telephone. Faye Costoff
indicated that at the time she and her husband acquired the
strip, Robert Davis, President of Dewey Davis Estate, Inc.,
advised her that the City never accepted the property and he
was therefore free to convey it to them. I also contacted
Robert Davis, who now resides in Nampa. Mr. Davis did not
recall the background on the deeds and indicated that the
corporate records of the Dewey Davis Estate, Inc. have been
long since destroyed.
The City has never exercised any dominion and control over
the strip and all yard care and maintenance of the strip has
been done by the private owners through the years. As you
can see by the photographs I have included, the strip is
outlined by a fence to the south and a line of shrubs and
trees to the north. For all practical purposes, it appears
to be part of someone's yard. I have also included a map of
Davis Beach Tracts No. 2 with the 10-1/2 foot strip high-
lighted in yellow.
All of the foregoing supports the argument that the City
never actually accepted the 10-1/2 foot strip. In addition,
it would not appear to be land that the City would want to
claim an interest in given its history, location, small size
and the potential impacts on the neighborhood, not to
mention the legal can of worms that would be opened up. I
would ask that the Mayor and Council direct the City
Attorney to work with me in preparing the necessary
documentation clearing title in the names of my clients. If
the Counci~ desires, I can attend the next meeting for
purposes of answering questions. Thank you for your
attention to this matter.
sincerely,
KILLEN & KERRICK, P.A.
C~K/ch
eric.
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1994 PROGRAM CHARGES
USER FEE REVENUES
NORDIC SKIING 30participants ~ $30.00 = 900 plus $200.00 P.L.S.M
YOUTH BASKETBALL 70participants ~ $20.00 = $1400.00
SPRING SOCCER 150 participants it3 $20.00 = $3000.00
YOUTH BASEBALL/SOFTBALL 150participants !~ $20.00 = $3500.00
$1100.00
1400.00
3000.00
3500.00
RECREATION CAMP 20 particitpams/week at $30.00 = $600.00/week x 8 weeks
FALL SOCCER 80 participants (~ $15.00 = $1200.00
ADULT VOLLELYBALL
SOFTBALL ENTRIES 5 weekends - 8 tournaments
SOFTBALL SPONSORS 5 weekends ~ $225.00 = $1125.00
RED CROSS CLASSES 10 participams (8 $20.00 = $200.00
OTHER PROGRAMS
TOTAL
4800.00
1200.00
200.00
9000.00
1125.00
200.00
500.00
$31.125.00
SUMMER YOUTH ACTIVITIES
T-Ball 80participants ~! $15.00 = $1200.00
Junior & Midget Soccer 120 participants ~! $20.00 = $2400.00
PeeWee Soccer 50participants ~ $15.00 = $750
Tennis 20 (~ $15.00 = $300.00
Outdoor Basketball 30 participants ~ $15.00 = $450.00
Total summer youth activities ...................... 5100.00
City of McCall
Park Reservations Policies
The City of McCall offers park reservations on a first come first serve basis. Depending on the type of
.~..event or activity that is planned, the person wishing to reserve a park may need to come before the Park and
.~ecreation Advisory Committee prior to having his reservation application approved.
Alcoholic beverages are illegal in McCall City Parks. However, if event organizers wish to serve alcohol,
they may do so by hiring a licensed caterer who has the appropriate permits.
Due to the number of events now seeking to control admissions to the parks, the City of McCall has divided
park reservations into two categories depending on the size of the event.
1. Small private gatherings, such as weddings, reunions, family/company picnics, etc.
These small private gatherings typically reserve a piece of a park and do not deny public access to the rest of the
park. These small scale events do not need to go before the Parks and Recreation Advisory Committee to be
approved.
To reserve a piece of a park for a small private gathering, fa'st check with the clerk at the McCall City Hall
front desk to see if the date and park desired is available. Next, the organizer needs to fill out a Parks Reserva-
tion Application (attached), return it to the McCall City Hall front desk with the appropriate fee ($50.00/day and
$50.00 damage/clean-up deposit). Your application will be reviewed by the Recreation Director, signed and
logged on the Park Reservation Calendar.
Twenty four hours prior to your event, you will be met by a city employee at the park, and the reserved area
will be posted. After the event, the park will be inspected and you will receive your refund or a letter stating
damages, and/or clean-up costs in the mail.
2. Large scale events, in which organizers desire to overwhelm a park for either commercial/public
gatherings (festivals, fairs, and for profit gatherings) or public/non-commercial gatherings (non-profit
~ civic groups).
Be advised that no city park may ever be closed to the public. Event organizers who wish to charge entry fees
may do so as long as the fees are in the form of a donation volunteered by event patrons. (We need to consider
the SummerFest event in Mill Park before we enact this policy) Included in this policy is a list of city parks
available for these kinds of events and the crowd limits for each of these sites. Organizers must attach a written
event plan to their reservation applications. No event will be considered until the required event plan is re-
ceived. Immediately upon receipt of the reservation application, the Recreation Director will review it to make
sure it conforms to the provisions of this policy and will ask the applicant to correct any deficiencies. Copies of
a completed application will then be sent to each member of the parks and recreation advisory committee and to
all owners of lands adjacent to the park to be used, who will have 7 days to request the board's chair to schedule
a review at the committee's next regular meeting. If no such requests are made, the Recreation Director will
schedule the event on the Park Reservation Calandar. The event plan must describe the following:
1. Nature of the event. Profit, non-profit, etc. Concert organizers will describe the .type of music to be played.
Festival organizers will describe the number of booths, etc. Organizers can improve their chances of avoiding a
board review by making this description as detailed as possible and include comprehensible site drawings of
stages, booth locations, etc.
2. Number of people expected. (1) total for the whole event and (2) in the park at any given time.
3. A written parking plan, alcohol plan, and crowd control plan approved by the city's police chief.
4. A trash, waste disposal and clean up plan which includes:
number of portable toilets
plans to avoid trash being evident at any time
plans to return the park to its original or better condition
J. Evidence of insurance. Bonding may be required for particularly large events.
The Parks and Recreation Advisory Committee meets once a month. If an organizer needs to come before the
committee, the event will be placed on the next Parks and Recreation Advisory Committee's agenda. The
organizers will then be notified of the date and time of the Parks and Recreation Advisory Committee meeting
they need to attend. At this meeting, the Parks and Recreation Advisory Committee will make a recommenda-
tion to the McCall City Council as to whether or not a special use permit for the event should be issued, the
extra fees which should be paid, and any other conditions that may be necessary.
Typical fees for large scale events are $150.00/day with a damage/clean up deposit of $150.00.
If you have any questions concerning this park reservation policy please feel free to contact;
Craig R. Baker
Recreation Director
P.O. Box 1065
McCall, Id. 83638
Ph. (208)634-3006
Parks available for rental
--Mill Park
l'ypes of usege: weddings, private gatherings, small concerts and other arts events, fairs and festivals
Crowd limit: 400 at any given time
Daily fees: Private events not exceeding 100 persons: $50 deposit, $50 rental
Charitable and for profit events: $150 deposit, $150 rental
Number of weekend dates available for evetns exceeding 100 persons: No more than two weekend events per
month during the summer season (Junel-September 15)
Comments: No vehicles are allowed through the south entrance
Rotary Park
Types of useage: weddings, private gatherings, small sporting events
Crowd limit: 100 at any given time
Daily fees: Private events not exceeding 100 persons: $50 deposit, $50 rental
Charitable and for profit events: $150 deposit, $150 rental
Number of weekend dates available for evetns exceeding 100 persons: No more than two weekend events per
month during the summer season (Junel-September 15)
Fairway Park
Types of useage: weddings, private gatherings, sporting events, concerts and other arts events, fairs and festi-
vals.
Crowd limit: 500 at any given time
Daily fees: Private events not exceeding 100 persons: $50 deposit, $50 rental
Number of weekend dates available for events exceeding 100 persons: All dates open except those scheduled
'or recreation dept. programs and tournaments
Davis Beach
Types of useage: weddings, private gatherings, small sporting events
Crowd limit: 100 at any given time
Daily fees: Private events not exceeding 100 persons: $50 deposit, $50 rental
Charitable and for profit events: $150 deposit, $150 rental
Number of weekend dates available for evetns exceeding 100 persons: No more than two weekend events per
month during the summer season (Junel-September 15)
Comments: Must use beach parking lot on comer of Davis and Lick Creek Road
Art Roberts Park
Types of useage: the unavailability of parking restricts use of Art Roberts Park to walk-in uses only. The park
may be used by civic and non-profit groups for a staging area and for food booths during city-wide events such
as Fourth of July and Winter Carnival
Legacy Park
Legacy Park is available during the summer season for small, inobtmsive gatherings only and only at midweek.
Large gathering use of Legacy Park in the off season must be reviewed by the Parks and Recreation Advisory
Committee
CONTRACT FOR PARK MAINTENANCE
This Contract is made June 11, 1993 by and between the City of McCall,
"Owner," and High Mountain Nursery, Inc., anldaho business corporation, "Contractor,"
for and in consideration of the mutual promises herein contained.
1. Contractor agrees to perform all the work described in the Scope of Work
attached to this Contract as an Exhibit A, called "Work" in the rest of this
Contract.
o
o
o
Contractor will furnish all of the labor and equipment necessary to the
performance of the Work. Owner will provide materials and supplies (fertilizers,
weed suppressants, and the like), to be requested at, picked up at, and remaining
supplies returned to, the Public Works Department shop.
Contractor will commence the Work on June 12, 1993, and continue to perform
the work until September 15, 1993, unless the period of performance is extended
in accord with this Contract~
Owner will pay Contractor the sum of $12,800 for the performance of the Work
as follows:
Billin~ Date Payment Date Amount
July 2, 1993 July 9, 1993 $4,000
August 6, 1993 August 13, 1993 4,000
September 3, 1993 September 10, 1993 4,000
October 8, 1993 October 15, 1993 800
$12,800
In the event extra work is requested by Owner as provided below, not part of
Work described in Exhibit A, the amount of the payment for such extra work
be billed October 8, 1993 and paid October 15, 1993, in addition to the $800
payment on that date.
the
shall
o
The following documents are attached to this Contract as exhibits:
Exhibit A Scope of the Work
Exhibit B Payment Bond
Exhibit C Performance Bond
Exhibit D Certificate of Liability Insurance
Exhibit E Certificate of Automobile Liability Insurance
Exhibit F Certificate of W{~rker's Compensation Insurance
Exhibit G Contractor's Work Schedule
The Bonds, Exhibits B and C, will be retained under after final acceptance and final
payment.
If Owner desires to give any notice or direction to Contractor, Owner shall do so
by causing its Public Works Director to contact Kevin Grove; if Mr. Grove is not
available, Owner shall contact Julie Grove; Owner shall give any notice or
direction to persons working in the field only if an emergency presents itself and
neither Grove is available in person or by phone. If Contractor desires to give
notice or to request direction from Owner, Contractor shall contact the Public
CONTRACT FOR PARK MAINTENANCE page 1
o
Works Director. Contractor shall not accept direction from any person other than
the Public Works Director, or in the absence of the Public Works Director from
the City, from the City Administrator.
The parties' addresses for written notice are:
City of McCall
Attn.: Arthur J. Schmidt
P. O. Box 1065
McCall, ID 83638
High Mountain Nursery, Inc.
Attn.: Kevin Grove
202 South Third Street
McCall, ID 83638
9. If Owner determines that Contractor is failing to perform and pay for the Work in
a timely and workmanlike manner, Owner shall eive notice to Contractor ha.
writing. The parties shall meet promptly and att~'mpt to resolve the matter. If
thereafter Contractor fails to perform and pay for the Work in a timely and
workmanlike manner, Owner may terminate this Contract, obtain replacement.
services, and recover the cost thereof from Contractor and its Bonds. If
Contractor believes itself to be aggrieved by a decision of the Public Works
Director in that or any other regard, Contractor may appeal that decision to the
City Administrator, from the City Administrator to the Mayor, and from the
Mayor to the City Council. If Owner fails to pay for Work performed after
written reminder from Contractor of overdue payment, and if Owner has not prior
to such default in payment given notice as above of a Contractor's failure to
perform, then Contractor may cease to perform the Work until payment is made.
10. If any legal action or proceeding related to this Contract is begun by any party to
this Contract, the prevailing party shall be entitled to recover its commercially
reasonable attorneys fees and witness and expert witness fees, incurred in
prosecuting or defending the same. The City shall be entitled to such fees, if the
prevailing party, notwithstanding the fact that the City Attorney is salaried.
11. This Agreement is governed by the law of Idaho, and Valley County, Idaho is the
proper venue.
12. Time is of the essence with respect to the obligations of the parties under this
Contract.
13. Any fights and remedies stated in this Contract are cumulative.
14. The neglect of any party to enforce its fights at any particular times or upon any
particular occurrences shall not preclude resort to those fights at any other time or
with respect to any other occurrences. Any waiver of any fight must be done in a
writing executed by the party to be charged with such waiver, and executed with
no fewer or different formalities and approvals than were attendant upon
execution of this Agreement.
15. This Contract shall bind and inure to the benefit of the parties and their respective
heirs, successors and assigns.
16. All exhibits and other attachments, if any, to this Agreement are a part of this
Contract. This Contract constitutes the entire Contract between and among the
parties as to the matter set out in it, and ail prior negotiations and discussions,
memoranda, correspondence, and communications are merged into and
extinguished by this Contract; provided, however, that nothing in this Contract shall
CONTRACT FOR PARK MAINTENANCE page 2
be held to merge into this Conu;act any other written contract not relating to park
maintenance among any of the parties unless this Contract expressly identifies such
other contract and states that this Contract supersedes such other contract.
Dated: June 11, 1993
J. Sch
City Clerk
City of McCall,
by: L-~urence A2: Smith, J.~,- /
Mayor
High Mountain Nurser3;,(Inc
· Its .Pze~denf
CONTRACT FOR PARK MAINTENANCE
page 3
PARK MAINTENANCE-REVISED VERSION
S COPE OF WORK
LABOR: The contractor will hire, supervise, and fire all employees required to perform the work
under this contract. A police records check of the contractor and of all employees will be required
and any person who, in the judgement of the City based upon a criminal history or current investiga-
tion, presents a threat to the public safety will not be employed by the contractor. The contractor will
provide workmen's compensation insurance for all employees and provide proof of such coverage to
the city. The contractor will ensure that all personal safety equipment is used by employees at all
times and will provide the same to employees, such as hard hats and safety glasses.
The contractor will provide all vehicles, equipment and tools required to perform the work under this
contract save and except for specialized tools required for unique tasks. The contractor will keep all
vehicles and equipment in good repair and will keep any and all safety equipment on all such equip-
ment in place and operable. The contractor will provide automobile liability insurance on equipment
in place and operable. The contractor will provide automobile liability insurance on any vehicle used
in the performance of the contract which will travel on across any public street or highway and
provide proof of the same to the City. The contractor will provide all fuel for the operation of ve-
hicles, and equipment.
WORK LOCATIONS:
· Davis Beach
Duties include litter control, beach maintenace, restroom cleaning (portable toilet), vandalism and
graffiti control. City will be responsible for regular waste removal. There are no lawns or gardens at
the site, no asphalt or impervious surfaces. There are 3 picnic tables on the site, all in need of
sanding and painting.
· Community Park
Duties include litter control, mowing, fertilizing, garden maintenance, (pruning?) and water moni-
toring. The site has underground sprinklers on a timing system. Lawn areas are small. Benches are
in good shape and would only need resurfacing if seriously defaced during the season. Contractor
will discuss maintenance plan with the Payette Lakes Progressive Club to avoid duplication of
effort.
· Legacy Park
Duties include everything listed in the scope of work. Underground sprinkler systems are on auto-
matic timers. Lawn areas are large. There are four picnic tables all in need of restoration.
· Mill Park
Duties include everything listed in the scope of work. Underground sprinkler systems are on auto-
matic timers. Lawn areas are large. There are five picnic tables all in need of restoration. The deck
areas were repainted last year and will only need care this season if seriously defaced.
· Art Roberts Park
Duties include litter control, mowing, fertilizing, and water monitoring. The site has underground
sprinklers on a timing system. Lawn areas are large. There are two benches, no picnic tables. The
benches need resurfacing.
· Rotary Park
Duties include everything listed in the scope of work. Lawn area is small, but must be hand watered.
There are seven picnic tables on the beach, all in need of restoration. There are seven picnic tables
above the beach which will only need care if seriously defaced. Contractor will discuss maintenance
plan with the McCall Rotary Club to avoid duplication of effort.
· Old Golf Clubhouse site (NOTE: This site may be sold during the summer of 1993)
Duties include litter control, mowing, fertilizing, garden maintenance and water monitoring. All
sites have underground sprinklers on a timing system. Lawn areas are small.
WORK TO BE PERFORMED:
MOWING: Grass at each site will be mowed weekly. The mowing routine shall include removal of
excess grass clippings by raking and shall include sweeping sidewalks, parking areas and other areas
where clippings may be left from mowing. Mowing will not be done at any park site between 4 p.m.
on Friday afternoon and 7 a.m. on Monday morning. Every effort will be made by the contractor to
avoid mowing Legacy Park in the afternoon, when the park is at it's highest use. Mowing shall
include the weed eating or trimming of all areas of turf not done by mowing and shall be done to the
same height as the grass is cut. Contractor will check all lawn areas for thatch and will dethatch
lawns when the thatch layer exceeds 1/2" thickness.
FERTILIZING/HERBICIDES/PESTICIDES, ETC: Each lawn and garden area will be fertilized in
the spring, mid-season and in the fall, with a commercial grade, complete fertilizer. The contractor's
bid will specify the type of fertilizers he plans to use and the nutrient levels he would apply in the
flower beds and on the lawns. Other chemical treatments of herbicides, pesticides or fungicides will
only be made in consultation with the city staff and only by a licensed applicator. The materials cost
for these treatments will be included in the contract price. The contractor will not be liable for
extraordinary outbreaks of disease or insect infestation, unless caused by his negligence.
PRUNING AND TRIMMING: Hedges and shrubs shall be pruned and trimmed at times generally
accepted by horticulturists for each particular species. Limbs from trees which present a hazard shall
be removed. The contractor will report the existence of hazardous conditions to the Public Works
Director who shall instruct on the removal or on other mitigation of the potential hazard. All pruning
will be done to improve appearance or preserve the health of the tree or bush.
GARBAGE: The contractor will empty all trash containers daily in each park and shall deposit such
litter at a location designated by public works which is within the city limits. The city will transport
the trash to the landfill and pay dump fees for disposal of the refuse.
LITTER: Each Monday, the contractor shall police every park and beach and pick up all litter,
cigarettes, broken glass and trash that has been left on the ground or around the facility. All
beachfront parks will be patrolled every Saturday, Sunday and Monday morning. Once each month,
each beach will be raked to remove broken glass, cigarette butts, flotsam and jetsam and all litter left
on the beach. In the event than an illegal fire is started in the beach sand, the contractor will remove
all sand, ash and unburned materials and return the beach to an unblemished condition. This treat-
ment will apply to all graveled areas, dirt surfaces and other unplanted areas.
RESTROOM CLEANING: The contractor will clean public restrooms at Legacy, Mill, Davis and
Rotary parks each day and place an adequate supply of paper products in the receptacles for the
public's use. This shall be done before 9 a.m. on Saturdays and Sundays. On any three-day holiday
weekend these restrooms will be cleaned twice each day once before 9 a.m. and once after 3 p.m.
Paper products will be purchased by the city and the city will keep a log of consumption of those
products.
WATERING: The contractor will develop a watering schedule to be approved by the city for all turf
areas described in the work locations section and when agreed to by the city shall execute that plan.
The contractor shall be responsible for replacing damaged sprinkler heads which shall be provided
by the city. Other plumbing repairs related to the sprinklers shall be reported to the Public Works
director and the city shall repair such problems. The city will start up sprinklers in the spring and
blow out and shut down the irrigation systems in the parks for the winter.
SWEEPING OF IMPERVIOUS SURFACES: All asphalt and concrete walkways, sidewalks, steps,
and approach areas shall be swept twice each week. Parking areas will be cared for by the city.
PAINTING: The contractor will repaint all picnic tables and benches described in the work locations
section once at the beginning of the contract and shall then during litter patrols will regularly inspect
these furnishings and will do what's necessary to remove graffitti or other minor vandalism. The city
will provide the paint and specify colors. Contractor is not responsible for repairing major damage to
park fixtures and will report such damage to the public works department.
REPLACING PLANT MATERIALS: Dead or dying plant materials including flowers, bushes,
shrubs and trees will be removed by the contractor but only with the authorization of the city's public
works director. Replacement materials will be provided by the city.
VANDALISM AND GRAFFITI CONTROL: The Contractor will be responsible for removing
graffiti with chemical solvents, paint, or sanding from interior and exterior walls, sidewalks, tables
or other surfaces within 24 hours of the defacing. The city will provide these materials. The contrac-
tor shall report any damage to toilets, sinks, pipes, asphalt, fences, recreational equipment or facili-
ties to the Public Works Director. Serious vandalism shall be immediately reported to the police
department and the contractor shall immediately close the area or building with signs and keep the
public out of the crime scene until police investigators arrive.
ENFORCEMENT OF PARK RULES AND REGULATIONS When working in the parks, the
contractor or his employees shall advise persons breaching the park rules and regulations of those
rules. If the individual does not respond to a polite request, the contractor must call the police depart-
ment and must sign a complaint against the violators.
INSPECTIONS: Each week the contractor will inspect each work area and keep regular contact with
the public works director on park maintenance activities. At the conclusion of the season, the con-
tractor will meet with the parks and recreation advisory committee and the public works director to
review this scope of work. Contractor will work with the committee to prepare a report for the city
council on the status of park maintenance. The contractor has a positive responsibility to report any
threat to the public's safety from any hazard in any park to which this contract applies.
High Mountain Nurserys, Inc.
High Mountain Nurserys, Inc.
Phone 634-72281 Box 9831MoC, all, Idaho 83638__.~~