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HomeMy Public PortalAboutP&RAC Minutes 1995 05/15PARKS AND RECREATION ADVISORY COMMITTEE MINUTES - MAY 15,1995 I. ROLL CALL AND CALL TO ORDER. Chair Grote called the meeting to order at 7:10pm. Members' Killen, Coyle, and Ware answered the roll call. Chair declared a quorum present. Also attending was Attorney Burton, Manager Shimun, Charlie Denham, Steve Rodrigues, Mr. & Mrs. Kevin Donahue, and Scotty Davenport. II. PARK MAINTENANCE - CHARLIE DENHAM Chair introduced committee to Denham and thanked him for attending the meeting. Chair informed Denham that he was asked to the meeting so the committee could express problems the parks have had in the past and what to look out for. Chair asked Denham what he was actually in charge of. Denham informed committee he felt he was in charge of the entire spectrum of turf and ornamentals. Manager Shimun informed committee he felt Denham would be utilizing Public Works for some things such as sweeping parking lots. Manager Shimun informed committee that when Denham sees problems in the parks he will fix it or send it to the appropriate department(Public Works or Recreation). Chair informed Denham of the upcoming Master Gardeners adopt a garden program. Chair requested Denham to let Director know when he was fertilizing flower beds and what he was using, to keep the Master Gardeners informed. Denham agreed. Denham asked committee about playground equipment he has in storage. Committee informed Denham of the playground equipment in Mill Park program that has been going on for three years and let him know it will be installed approximately June 1 this year. Committee thanked Denham for his time and expressed their desire to work closely with him through this first year. III. PADDLE BOAT LEASING OPERATION AT ART ROBERTS PARK - KEVIN DONAHUE. Donahue informed committee the lease he distributed to them is actually currently being used by the Boise City Parks Department and will need to be modified. Committee discussed vending machines in the park, the need for a Department of Lands License, length of the lease, and the need to discuss the project with adjacent land owners. After discussion Killen moved to recommend council direct Attorney Burton to work with Kevin Donahue to develop a final agreement, subject to notice of Krahn's and May Hardware and using the proposed agreement as a base but excluding sections regarding vending machines, exclusivity clause and revising lease term to one(1) year. Motion is contingent on an operating license being granted to the applicant through the Idaho Department of Lands. Ware seconded and the motion carried. IV. RECREATION CENTER VISION - STEVEN RODRIGUES. Committee informed Rodrigues they have all reviewed his plan. Committee further informed Rodrigues they feel this project is inappropriate at the Riverfront Park site for the following reasons; *During a public hearing communities members stated they want the current parks fixed up and maintained before building new parks. *Project is very speculative. *There has been no engineering done for the site only a conceptual plan. *There are still two more seasons of gravel extraction to be done at the site. *Aestetically the project is not right for the site - it should be on privet ground. Committee all agreed that more solid evidence of viability would be needed before they would even consider locating such a facility on city land. Ware suggested that the petitioner build the center on private ground and charge the city recreation programs rent for its use. Committee informed Rodrigues if in five years the city is starting engineering and he comes back to the committee they may be ready to look at the project. After discussion Ware moved to recommend council concur with the * committee's opinion the Riverfront Park or any current park site is inappropriate for this project at this time. Grote seconded and the motion carried with Coyle abstaining. V. ALCOHOL IN CITY PARKS - ATTORNEY BURTON. Killen informed committee she missed the meeting with Chief Parker and wanted to know why some parks were excluded. Killen felt the alcohol policy should be the same for all city parks to avoid confusion. Coyle said that the committee agreed to the exclusion of Legacy and Art Roberts parks to satisfy Chief Parker's concerns and to build consensus for the policy. He said the committee clearly told Parker that they thought excluding those parks was unnecessary, and only agreed to the exclusion because it was a condition for Parker's support for the policy. Coyle said the committees stated intent was to support this exclusion on a trial basis and if no problems were encountered in the legalized parks, that the committee would urge the council to allow alcohol in all city parks. Grote and Ware agreed with Coyle's summation. After discussion Coyle moved to recommend council approve the ordinance as written noting that the committee's clear intent is that the exclusion of some parks as experimental, with the intent to eventually include ******** ********** all parks if the police chiefs concern don't have foundation. Seconded by Ware and the motion carried, with Killen voting nay. VI. MEETING MINUTES - APRIL 24,1995 Killen moved to accept minutes with Steven Rodrigues being added to the roll call section. Coyle seconded and the motion carried. VIII. REPORTS. 1. Oversight committee meeting. Manager Shimun informed committee McCall is the first city to have received a grant for bike paths to be administered by the Idaho Department of Transportation. The contract negotiations have been very slow because of this "guinea pig" status. Manager informed committee there should be a contract completed and signed within the next two weeks. Finally Manager informed committee the 15% fee charged by the Idaho Department of Transportation is minimum and could go up if the I.D.T. feels it has spent more than 15%. 2. Swim buoys at Davis Beach. Director informed committee buoys have been ordered and will be here some time in the near future. 3. Logs in swim areas at Art Roberts and Legacy Park. Director agreed to talk with Rick Fereday about their removal and draft a letter to the Department of Lands, as well as Fish and Game. 4. Extension of the pole fence at Legacy Park. Director informed committee the extension has been ordered and will be installed in the near future. 5. Missing signs at Legacy Park. Director informed committee that several signs including no skateboarding, no dogs, 15 minute, and 2 hour parking signs had been stolen from Legacy Park and police are currently investigating. In addition, Director informed committee more than likely new signs will have to be ordered. 6. Parks and Recreation Long Range plan meeting with council. Committee reviewed attached capitol improvement list council received. In addition Director informed committee he is currently working on putting together a 1994 projected/actual recreation revenues information sheet for council. Finally, Director informed committee council would like to see out of city limit user fees established for Recreation Programs by the start of the next fiscal year. Chair with consent of committee requested Director prepare a policy description for out of city user fees and place it on the June agenda. 7. Idaho Recreation and Park Association Conference. Coyle informed committee dates are set for September 17,18, & 19 and the agenda is nearly in place. In addition, Coyle informed committee he would like to see a member of the park board sit on a panel that will be discussing how to get started building bike paths. Chair with consent of committee requested Director provide a schedule of events to council as well as the park board when it becomes available. VIII. OLD BUSINESS. 1. Master Gardeners adopt a garden program. Chair informed committee the Master Gardeners will be picking their spots in the near future. All the Master Gardeners are very excited about the program. Chair also informed committee there will be a Perennial Division class for hall Master Gardeners held in Community Park this fall. 2. Personal watercraft signage in city parks. Committee discussed specific site locations where motorized and/or non -motorized watercraft could be beached. In addition, committee all agreed wherever it is decided to allow beaching of watercraft there should also be signage informing people of the no wake zone ordinance. After discussion Coyle moved to recommend council approve signage permitting 2 hour beaching of watercraft in the area North of the Legacy Park * * * * * * * * * dock and 2 hour beaching of non -motorized watercraft in the area West of the Rotary Park swim area for a trial period of one year. Ware seconded and the motion carried. Note: Scotty Davenport informed committee that the Coast Guard Auxiliary comes up to assist the Sheriff's officers with lake law enforcement. Davenport informed committee the Coast Guard often has trouble finding places to dock and park boat trailers. Davenport informed committee he would be writing a formal letter to council and the park board addressing the problem. 3. Recreation Subcommittee slate. Ware informed committee that Ralph Hass has agreed to sit on the subcommittee and can have the second person by July. After discussion Killen moved to recommend council approve the appointment of Ralph Hass to the new Recreation Subcommittee chaired by member Ware and called for in the Master Plan. Third member to be forwarded to council by July. Coyle seconded and the motion carried. 4. Sailboat regatta docking request. Director informed committee their motion had been passed by council as written. ******** IX. OTHER BUSINESS. 1. Coyle will organize clean-up day for Davis Beach. 2. Chair, and Coyle will meet with Don Forsyth prior to the June meeting to discuss kiosks for Mill and Legacy Park. 3. Picnic tables for Legacy Park have been ordered. 4. Drinking fountain has arrived and will be installed as soon as possible. 5. Coyle informed committee Mr. Jeff Sheldon would like to be informed of any planning being done for the Riverfront Park site. X. NEXT MEETING. Next regular Parks and Recreation Advisory Committee meeting set for June 12,1995 at 7:OOpm in the McCall City Hall Council Chamber. XI. ADJOURNMENT Chair declared meeting adjourned at 9:15pm. r li_ljH111J 1_ �'•� I I , Hdy r _ f-c) 5- )5- 15 ee—n cA(9,..oc5 AGREEMENT OE CONCESSION & LEASE AGREEMENT made this T_ day of. 1995, by and between THE CITY 41� MCC:ALI., a municipal corporation hereinafter referred to as Lessor, and Kevin Donahue hereinafter referred to as Lessee, WITNESf►ZT'H WHEREAS, I.essee, in the public interest wishes to provide boating facilities at Payette Lake, and Lessee desires to provide concession services to specifications acceptable to the Board of Park Commissioners; NOW THEREFORE, in consideration of the premises and covenants and agreements hereinafter contained, the parties agree as follows: Lessee is granted the right and privilege to operate and maintain an area designated by the City Council by which to conduct a concession for; a. Keeping and hiring paddle boats and other boats propelled by human means within Payette Lake. b. The sale of candies, confections, ice cream and soft drinks from and at the aforesaid mentioned site. The term of this concession will commence on May 15, 1995, and end on September 30, 2000, both dates inclusive, unless extended or terminated as herein provided. The term of this concession has a five year option for renewal on or immediately after September 30, 2000. 3. in the event that lessee will remain in possession of the concession after expiration of either the original term or any extended term, such possession will be as a month - to -month tenant. During such month -to -month tenancy, lease payments will be payable at the same rate as that in effect during the last month of the preceding term, LEAST: AGREEMENT 1 r it._1iiHHU i E L I•J u . 454 3062 May 13•11 r.01 and the provisions of this Agreement will be applicable. 4. Lessee will pay to the Lessor u percentage rental equal to an eight and one half percent (8 %Z%) of the gross receipts from the conduct of concessions herein granted for each month of each concession year from the inception of this agreement through September 30, 2000, The terms "gross receipts" is hereby defined as all receipts derived from the operation of the concession less sales tax, excise tax, exchanges, refunds 10% for insurance, and any discount coupons. Revenue derived from vending machines placed on premises by a nonprofit charitable organization shall not be included in gross receipts. The term "concession year" is hereby defined to mean a period of twelve (12) calender months, conuncncing October 1 and ending September :30 except that the initial "concession year" pursuant to this agreement will be 1995 through September 30, 1995, inclusive. The percentage rental will be paid monthly on or before ten (10) days following each calendar month of each concession year, Lessee will keep an accurate set of books and will furnish at Lessor's request, a verified statement setting forth the amount of gross receipts for the period for which said statement is requested. 5. Lessee may install, maintain and operate such equipment, signs and facilities as are necessary or convenient for his use and occupancy, provided that such equipment, signs and facilities are furnished and installed within the places or locations assigned and at the expense of Lessee, subject to prior approval of the City Council. b. Costs of all products and services offered by Lessee in the operation of the concession Will be subject to review and authorization by the City Council. Submission of proof of product wholesale cost increases, to the Council will be a basis for authorization of mid season sale price increases. 7. Lessee will indemnify and save; and hold harmless Lessor frotn and for any and all losses, claims, actions or judgments for damages or injury to persons or property and losses and I.FASE AGREEMENT 2 i=illHHU Its �J•_ �i',I:4 H09 ail expenses caused or insured by lessee his servants, agents, employees, guests and business invitees, or evolving from Lessee's concession operation. In addition, Lessee shall maintain and specifically agrees that he will maintain throughout the tern of this Agreement, or any extension thereof, liability insurance in which Lessor will be named as named insured in the minimum amount to the maximum limit of tort claim liability set forth in Idaho Code 6-926. Such minimums will be reviewed annually and adjusted accordingly pursuant to any changes in Idaho Code 6-926. 7'he limits of insurance will not be deemed a limitation of Lessee's covenant to indemnify and save and hold harmless Lessor, and if Lessor becomes liable for an amount in excess of the insurance limits herein provided, Lessee covenants and agrees to indemnify and save and hold harmless Lessor from any and all such losses, claims, action's or judgments for damages or injuries to persons or property. 8. Lessee will not assign or transfer this Agreement or any privilege thereunder, either voluntarily or involuntarily, without the prior written consent of' Lessor. Such consent will not be arbitrarily or capriciously withheld. 9. Lessee will keep and maintain the area within the operations of the concession herein granted in good, clean, and orderly condition and manner. 10. Lessee is granted sole rights to operate and place paddle boats, canoes, and rowboats for rental on Payette Lake at McCall. 11. Lessee will conduct his concession operation in a professional businesslike manner generating maximum utility from the resource for the benefit of the public and will make every reasonable effort to promote good will and enhance the public's image of Payette Lake. 12. All persons involved in the concession operation will wear a uniform consisting of a golf or T-shirt style shirt of standardised color imprinted with the concession's logo. Caps and pants are optional with lessee. 13. Lessee, in his use and operation of the concession herein }granted, will not on the grounds of race, color or national origin, discriminate or permit discrimination to any person or group of persons in any manner. A noncompliance with such assurances will constitute a breach of this Agreement. 14. if Lessee is in default or breach of any of the terms and conditions of this Agreement LEASE AGREEMENT 3 r..iii_1L!HHU [ EL Ho . 454 May 01 , _i5 11 : P.02 or violates any statutes, ordinances or park rules and regulations and fails or refuses, after five (5 ) days written notice, to perform or correct the conditions constituting a breach or default, then this Agreement will be deemed terminated and forfeited and all rights of Lessee will thereupon be terminated. 15. This agreement constitutes the full and total agreementbetween the parties hereto. 16. In the event that any dispute arises between the parties hereto which results in legal action, the prevailing party will be entitled to costs and attorneys' fees. Date The city of'McCall City Clerk Mayor Date Kevin Donahue LEASE AGKELMLN'f 4 1_1L!HHU TEL Pdu . 2u'6 454 3089 May 01 , 95 11 :24 F . u3 STATE OF f t)A1 lU } SS: (runty of Valley On this day of Public in and for said State, personally appeared KEVIN DONAHUE nee to be the person whose name is subscribede acknowledged to me that he executed the sam. 1995, before me, the undersigned, a Notary known or acknowledged to to the within and foregoing instrument and IN WITNESS WtfT„tZEpF' 1 have hereunto set my hand and affixed my official seal the day, month and year first above written, Notary Public for Idaho Residing at Nampa, Idaho MyCommissionExp res AGRELNILNT 5 McCALL RECREATION PROGRAM PARKS AND RECREATION LONG RANGE PLAN MEETING WITH COUNCIL - MAY 8,1995 1. During a public hearing(October 1993) it was discovered McCall citizens want existing public parks improved, prior to the building of new parks. This attitude was reinforced through the Recreation Taskforce meetings held during the winter of 1993/94. 2. The Parks and Recreation Master_ Plan for 1994-1999 specifically calls for; a. Rebuilding and redesigning of Art Roberts park. b. Installation of restrooms at Davis Beach and Fairway Park c. Design and construct core facilities at Riverfront Park. d. See Parks and Recreation Master Plan for other small improvements. 3. A yearly $5000.00 improvement/repair line item needs to be established in the parks budget. This fund is needed due to the timing of the budgetary process, we never know what will need to be replace in the spring of the year. 4. A $5000.00 grant match fund, which increases $5000.00 each year should be established and targeted for the Riverfront Park site. 5. User fees should be raised for those participants living outside of the McCall City limits. All of these desires are expressed in the Parks and Recreation Master Plan 1994-1999, except number 3 and 4 which have just recently been discussed by the Parks and Recreation Advisory Committee. 216 East Park Street • P.O. Box 1065 • McCall. Idaho 83638 • (208) 634-3006 • FAX (208) 634-3038 McCall Dept. of Parks and Recreation Toml Grote, chair • Members: Dennis Coyle, Kathy Ki!/en. Ji►u Ware, Gary Van Ko►ueu To: Master Gardener Trainees Re: Adopt -a -Garden Program Date: April 25, 1995 J I ask those of you who do not already have a specific community service project in mind to consider adopting a garden in one of McCall's city parks. The city lacks the funds and the skill to properly tend flower gardens and they have become overgrown and ugly. The following is an outline of the program. I do hope some of you will be attracted to this very visible project that will be appreciated by both the citizens and visitors to McCall. Purpose: The Adopt -a -Garden program is administered by the City of McCall Parks and Recreation Advisory Committee. It's purpose is to showcase the talents of local gardeners, whose work will be enjoyed by both citizens and visitors to our parks. By turning small plots over to the imagination and skill of local gardeners, our parks will lose their "institutional landscaping" look and take on the more personal feel of a private garden. Requirements: Volunteers can adopt one or more plots, which average about 25 square feet apiece. The volunteer will design the garden, amend the soil if necessary, plant and regularly tend the plot for a period of five years. The city will water the plots and apply a general purpose fertilizer at monthly intervals. Volunteers will be responsible for applying any specialty fertilizers they wish to use. Volunteers are responsible for preparing the beds for winter, including placing and removing any protective structures on plants and shrubs. Costs: Volunteers are responsible for the expenses associated with planting and tending their adopted gardens. The expenses of special fertilizer, plants, soil amendment, etc. are considered donations to the city and are tax deductible, so volunteers are encouraged to save all receipts for such items. Volunteers are encouraged to seek donations of materials or funds for their projects. How to Adopt: Volunteers interested in adopting a garden can call the city's Department of Recre- ation at 634-3006 and register your name and phone number, or simply register with me at class. In early May, I'll lead a tour of the parks so volunteers will have an opportunity to choose their plot. You will be asked to make out a rough sketch of your garden design plan and list the plants you plan to use (we just want to make sure you don't plant something invasive in the wrong place). Garden ornaments and furnishings are discouraged in public places because they are so vulnerable to defac- ing and damage. Volunteers are asked to complete their plantings prior to the July 4th holiday. I greatly hope that many of you will share the pleasure I've had gardening in the city parks. Most of our parks are lakefront and nothing matches the serenity of working in sight of those stunning views. It makes you feel good to see people smile and talk to you as you're working. When you watch park visitors marvelling at your garden, that's when the work really pays off. Cheers and please Adopt-a=Garden! Tomi Grote, chair McCALL Edward G. Burton, Esq. MEMORANDUM CITY ATTORNEY Date: May 11, 1995 To: Parks & Rec. Advisory Committee File No: From: Ted Burton Re: Alcohol in Parks Attached is a draft ordinance. I hope it meets your objectives. Your comments and advice will of course be welcome. There are a number of questions you could answer to clarify your intent: What about Community Park? What about Davis Beach? What about Mill Park playground when built? Does time of day enter into any of this? What about hours when small children are present? printed May 11, 1995 page 1 216 East Park Street • P.O. Box 1065 • McCall, Idaho 83638 • (208) 634-7142 • FAX (208) 634-3038 ORDINANCE NO. 680 AN ORDINANCE OF THE CITY OF McCALL, IDAHO, AUTHORIZING THE POSSESSION OF ALCOHOLIC BEVERAGES IN CERTAIN CITY PARKS UPON CERTAIN CONDITIONS; AND PROVIDING AN EH-ECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, AS FOLLOWS: Section 1. Section 5-5-030 (F) of the McCall City Code relating to open containers of alcoholic beverages is amended to read: 5-5-030: PROHIBITIONS: It is unlawful to: (F) Open Container. Be in possession of an open container of an alcoholic beverage, except as provided in McCall City Code Sections 4-2-11, 5-13-1 et seq.. or 8-14- $ 8 14 7(C), and Section 2. Section 8-13-2 of the McCall City Code relating to and defining Private Gatherings in parks is amended to read: 8-13-2: PRIVATE GATHERING DEFINED: Private gathering as used in this Chapter shall have the same meaning as set out in Section 5-5-010 of this Code Section 3. Section 8-14-7(C) of the McCall City Code relating to alcohol in parks is repealed, Section 8-14-8 of the McCall City Code entitled "Penalties" is redesignated as Section 8-14-9, and the McCall City Code is amended by adding the following new Section 8-14-8 relating to alcohol in the City parks: 8-14-8: ALCOHOL IN CITY PARKS: Possession. use and consumption of alcoholic beverages. and of open containers. as both those terms are defined in Title 5 of This Code. at City parks and park facilities are governed by the following rules; (A.) All such beverages are prohibited at all times at Legacy Park. and at Art Roberts Park. and at all other parks when closed. 03) Beer and wine are permitted in other parks during open hours. provided that possession of kegs. porgy kegs. gallon containers. and party balls is prohibited without a prior approved parks reservation issued under Section 8-14-7 (B) after consultation with the Police Chief. (C1 Other alcoholic beverages shall be permitted only with a_prior approved parks reservation issued under Section 8-14-7 (13.) after consultation with the Police Chief. (D1 Nothing herein shall be construed to authorize_possession of alcohol by a person not yet 21 years of doe. Section 4. Section 8-14-4 relating to Prohibited Uses in Parks is amended by adding the following new paragraph: (11 Other Prohibited Activities in Parks and Paris Facilities; 7. Behaving in a loud and boisterous manner. In the event that a police officer determines that a person or group of persons in a park is behaving in a loud and boisterous manner which would be annoying to other persons or deter otherpersons from entering or remaining in the park. the officer may request such person or group of persons to leave The park and not return: a failure of such person or persons to honor that request and to leave the park shall constitute disorderly conduct under ORDINANCE NO.680 draft page 1 of 2 printed May 11,1995 MCC 5-5-030 (A). No person who has been so convicted of disorderly conduct may within one_year thereafter apply for a park reservation under paragraph (B) or (C) of this Section. Section 5. This Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. Passed and approved , 1994. Dean Martens Mayor A r hST: James H. Henderson, City Clerk ORDINANCE NO.680 draft page 2 of 2 printed May 11,1995