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HomeMy WebLinkAbout2013-02-25 PRC packet( Sli"water THE B I R T H P L A C E OF M I LA N E. 5 0 1 A CITY OF STILLWATER STILLWATER PARKS AND RECREATION COMMISSION NOTICE OF MEETING MONDAY, FEBRUARY 25, 2013 AT 7:00 PM The City of Stillwater Parks and Recreation Commission will meet on Monday, February 25, 2013, at 7:00 p.m. in the Council Chambers of Stillwater City Hall, 216 North Fourth Street. AGENDA 1. Approval of the January 28, 2013 Minutes 2. Open Forum - The Open Forum is a portion of the meeting to address the Board on subjects which are not a part of the meeting agenda. The Board may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. Informational Items 3. North Hill Community Garden Annual Review Commission Items/Topics CITY OF STILLWATER PARKS AND RECREATION COMMISSION JANUARY 28, 2013 Present: Chairman Linda Amrein, Commissioners David Brandt, Scott Christensen Rob McGarry, Solveg Peterson, Don Stiff, Councilmember Mike Polehna Absent: Commissioner Sandy Snellman Staff present: Public Works Superintendent Tim Moore, Parks and Recreation Intern Patrick Kopesky Approval of Minutes: Motion by Brandt, seconded by Stiff, to approve - the December 17, 2012 minutes. All in favor. OPEN FORUM - There were no public comments. INFORMATIONAL ITEMS Field Use Study Presentation Parks and Recreation Intern Patrick Kopesky reported on the Facilities Review Inventory which was completed over the last six months. Maintaining high quality youth athletics was the goal of the project. Mr. Kopesky evaluated all athletic facilities in School District 834. He presented a map and spreadsheets showing who uses and maintains each field, schedules, fees for use, and contact information. There are 50 fields including municipal and school district fields, and 17 organizations in the district that use the fields. Some needs that were identified during the study are: lighted 95 -foot baseball fields and more practice space for lacrosse which is a fast growing sport. Councilmember Polehna added that part of the goal was to find any hidden gems, for instance a field at St. Mary's Point that is not used because it has not been maintained, but could be a great resource. He suggested perhaps a sports commission could be formed to oversee all the youth athletic organizations and facilities. Mr. Kopesky noted that peak time for renting fields is 5:00 pm to 9:00 pm Monday through Thursday; perhaps a sports commission could develop a better method for scheduling fields. His recommendations are: possibly having a central organization overseeing youth athletics; better maintaining the Afton - Lakeland Elementary small baseball field; working with local municipalities on creating a sports complex like Woodbury which could be a draw for tournaments; and improving parking at some of the existing facilities. Councilmember Polehna noted that the study was presented to the shared services group and will be presented to the City Council and the School Board. He said he hopes to approach some of the other communities to consider the possibility of combining to form a recreation association to coordinate all the recreation activities. Park and Recreation Board Minutes January 28, 2013 Page 2 of 2 COMMISSION ITEMS /TOPICS There were no commission items or topics. Motion by Arnrein, seconded by Brandt, to adjourn. After discussion about protocol, there was a motion by Arnrein, seconded by Brandt, to strike the previous motion to adjourn, and to adjourn to a closed meeting to discuss pending litigation. All in favor. The meeting was adjourned at 7:29 p.m. to Executive Session for legal advice. Respectfully submitted, Julie Kink Recording Secretary a ter �l THE 81RTHPLACE OF MINNf.SOIA Memo To: Parks and Recreation Commission From: Tim Moore, Public Works Superintendent , Date: February 21, 2013 Re: North Hill Community Garden As part of the 2012 agreement with the City of Stillwater and the North Hill Community Garden, an annual meeting is required to discuss policy and operations. This is done at the Parks and Recreation Commission level. Representatives from the group will be present to discuss the 2012 season. Included in your packet is a copy of the 2013 agreement with the City of Stillwater, the 2013 Garden Plot Reservation Form, 2012 treasurer's report, and site layout. Again the Garden group will be responsible for maintenance during the growing season and for spring and fall clean up and readiness. Some issues the commission should consider when reviewing the 2013 agreement are: • Construct and funding of an informational sign and bulletin board. • Development of low maintenance plantings along the boulevards. Staff Recommendation The commission should review the agreement and make a recommendation to City Council. r � LICENSE TO USE REAL PROPERTY This Agreement is entered into this between the City of Stillwater, as Licensor, and the North Hill Community Garden as the Licensee WHEREAS, North Hill Community Garden wishes to utilize park property for the purposes of gardening and related recreation and WHEREAS, a Community Garden benefits all citizens of the City of Stillwater. NOW, THEREFORE, IT BE HEREBY MUTUALLY AGREED AS FOLLOWS: L GRANT OF LICENSE The City of Stillwater hereby grants to North Hill Community Garden a license to use the real property located at Staples Field Park 403 West Aspen Street Stillwater, MNW 55082 Property Identification Number 2 803 020210014 IL LIMITATION TO DESCRIBED PURPOSE AND TERM The licensed premises shall be used by Licensee solely for the purpose of gardening and related recreation during normal City of Stillwater Park Hours, and must be renewed on or before January 1st 1H. TERMINATION The Licensor may terminate this agreement without cause. Any Termination must be executed by the City Council. If the Gardening Group decides to no longer maintain their space, they must immediately notify the City. Group will be responsible for restoring the garden to parkland to the satisfaction of city staff. If city staff determines that the garden is not satisfactory, the designated liaison will be given two separate warning notices. If the problem continues thereafter, the agreement will be revoked and the Gardening Group will be responsible for restoring the garden to parkland to the satisfaction of the city staff. III. PAYMENT Licensee shall pay the City of Stillwater $1.00 per year for the use of the property. Payment shall be received 30 days after date of execution and annually thereafter. Payment shall be made to: City of Stillwater 216 North Fourth Street Stillwater, MN 55082 IV INDEMNIFICATION The Licensee agrees to indemnify, defend, and hold harmless Licensor for any and all claims arising out of the Licensees use of the premises. The Licensor's obligation is to indemnify the Licensee and individual garden members or volunteers for activities covered under this agreement. V NONDISCRIMINATION During the performance of this agreement, the Licensee agrees to the following: No person shall, on the grounds of race, color, religion, age, sex, disability, marital status, public assistance status, criminal record, creed to national origin be excluded from full participation in or be otherwise subjected to discrimination under any and all applicable federal and state laws against discrimination. VI RECORDS AVAILABILITY AND RETENTION Pursuant to Minnesota Statute 16C.05, Subd. 5, the Licensee agrees that the Licensor, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they my reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the Licensee and involve transactions relating to this agreement. The Licensee agrees to maintain and make available these records for a period of six years from the date of termination of this agreement. VII SPECIAL REQUMIENTS AND CONDITONS SELECTION OF GARDENERS The North Hill Community Garden shall develop a fair and open process for gardener selection. Availability of garden plots should be widely advertised, and distribution of plots should be equitable and on a first come, first serve basis. GARDENER PARTICIPATION All gardeners shall be expected to participate in maintenance of communal areas of the garden. COMMUNITY INVOLVEMENT The North Hill Community Garden is encouraged to engage with the neighborhood and/or wider community through events or projects such as open houses, garden tours, food shelf donations, etc. GARDEN BORDERS and STRUCTURES The garden boundaries must remain as submitted on the original design plans. Any proposed expansion must be reviewed and approved by City Staff, Any structures including raised beds, bulletin boards, and gazeboes must comply with city building code and be approved by City Staff. GARDEN/PLOT MAINTENANCE North Hill Community Garden is entirely responsible for the maintenance of the Community Garden. Keep in mind that the space allocated is on public land and must always be actively maintained. North Hill Community Garden should provide the City Staff with a schedule of spring prepping and fall winterizing dates. Pathways and areas between Garden Beds must be mowed or mulched and maintained by the group. The City will not do any maintenance within the Community Garden itself. WATER The water supply is to be used by gardeners caring for their assigned areas. Use for any non - garden related activities is prohibited. X0a� 1 "k Only garden matter generated on site may be composted on site unless a certified composting plan is in place and garden club members monitor composting activities. Composting must comply with back yard composting guidelines as published by the Minnesota Pollution Control Agency. CLEAN -UP ACTIMIES North Hill Community Garden will be expected to organize a spring work day to prepare the garden, and fall cleanup day to clean the site for winter. NEW MEMBERS North Hill Community Garden shall inform new members of the Community Garden rules and regulations, stressing the importance of ongoing maintenance. North Hill Community Garden must follow a transparent membership process open to all. As a public agency, City of Stillwater policy requires inclusiveness; anyone interested in joining North Hill Community Garden is to be fairly considered. FUNDRAISING North Hill Community Garden may organize fundraising events to finance needs of the Community Garden such as a compost bin, water hoses, plants, etc. YEARLY MEETING BETWEEN NORTH HILL COMMUNITY GARDEN AND THE PARKS AND RECREATION COMMISSION North Hill Community Garden shall hold an annual meeting with The Parks and Recreation Commission to: • Review Community Garden records. • Discuss the past year's budget. • Plan upcoming improvements. 0 • Discuss Community Involvement in the Garden. PROHIBITED ACTIVITIES • Littering, dumping, alcohol consumption and other unlawful activities. • Amplified sound • Pets are not allowed in the garden. • Ball playing or other forms of active recreation. • Fire pits or bonfires. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. City of Stillwater North Hill Community Garden TITLE: DATE: DATE: North Hill Community Garden Garden Plot Reservation Form • Garden plots at North Hill Community Garden (NHCG) for the 2013 gardening season will be assigned when the gardener: 1. Completes the Garden Plot Reservation Form. 2. Pays for the plot. 3. Returns a signed copy of this form to the NHCG Treasurer. Plots will be assigned on a first come, first serve basis. A gardener may have more than one plot provided there are open plots once everyone has had a chance to apply for a plot. If no plots are available at the time your registration is received, you will have the option of being placed on the waiting list and your plot fee will be returned. You will be contacted should a plot become available. Plot fees may be paid by check, money order, or cash and may be mailed or brought to the NHCG Treasurer. The plot fees include one season use of the plot and water. • Plot fees for 2013 will be as follows: 9'x9' plot = $ 30 4'x9' plot = $20 3x9' elevated raised plot (handicapped accessible) _ $15 Members are encouraged to pay an additional $20 to help those who wish to garden, but cannot afford a plot_ Extra contributions are encouraged in order to provide enough funds to improve the garden. Three scholarship plots will be available for applicants who may be unable to pay for the full price of a plot. • North Hill Community Garden members that want a plot must live in the city of Stillwater. • Garden plots will be assigned on a first come first serve basis. • Gardeners (or a representative) are required to attend the Spring Meeting, participate to help improve the garden, and participate in the maintenance of their garden plot. The Spring Meeting will be held at North Hill Community Garden, comer of Martha and Aspen, at a date to be determined. • Garden plots are assigned to one person only and are not transferable. Others may garden at your site, but the responsibility for payment of fees, clean up, and other duties at the site will be the responsibility of the individual whose name is assigned to the plot. • Gardeners must tend to their plot no later than June 1 and are responsible to keep it weeded. Please contact The NHCG Garden Coordinator if unable to attend to a plot for emergency reasons. If a plot appears to have been neglected for two weeks, the gardener will be notified. If two more weeks go by and the gardener has failed to attend to the plot or contact The Garden Leaders, the plot will be considered abandoned. It will be re- assigned to someone on the waiting list and the gardener will not be eligible for a plot the following year. • Dead plants, weeds, garden stakes, etc must be removed by Oct 15. • The North Hill Community Garden is located on Stillwater City Park property. The City of Stillwater bans the use of tobacco, alcohol and illegal drugs on the property. It is a violation of Minnesota law and park Policy EM- 020.13 to possess a weapon on park property. Growing illegal substances or using alcohol, tobacco, drugs or possessing a weapon will lead to immediate expulsion with no return of plot fee. - The North Hill Community Garden is a "chemical free" garden, meaning no chemical fertilizers; pesticides, herbicides, plant food, etc. may be used in the garden. - Please be aware of neighboring plots and strategically place tall plants or plants requiring support/structures so they are not shading other plots. - The path around plots is to provide gardeners access to their plots. The gardener must help maintain the path around the plot by keeping it clear of weeds, rocks, tools and other garden obstacles. Keep vegetation within the plot. When planting near paths, leave adequate space for plant growth so as not to overhang into the paths or another plot. - Do not bring sand or gravel into the garden area. Mulching with leaves, grass clippings, hay or straw to reduce evaporation and unwanted weeds is allowable. The use of plastic and other non - porous materials for ground cover is discouraged. - Water hoses must not cross other plots and must be attended at all times. Sprinklers are not permitted in the garden. The gardener is responsible for shutting off the water when finished using it. - If a city watering ban is in effect, gardeners must comply with the regulations. - Put only site generated compost in the compost bins. Plant material should not be put in the trashcans unless it is diseased or infested and there is a known risk of contaminating the compost site. The use of the compost from the bin will be discussed at a garden meeting/workday so that all gardeners have input into how to best use the compost. All garbage must be taken home. - Gardeners are not allowed to harvest from other plots without the permission of the assigned gardener. - Be considerate of the neighbors: when parking - do not block access to their house or mailbox; do not ask to use their telephone (except in an emergency). A Porta potty is available across the street near the baseball field. - Treat fellow gardeners with respect and consideration. - Parents are encouraged to bring children to the garden and introduce them to gardening. Supervise children and teach them to stay on garden paths. - Dogs or other family pets are not allowed within the garden. - Do not drive on the property. - The gardener will keep The North Hill Community Garden Leaders advised of any changes in contact information. - Complaints, policy additions or changes, and mediations will be addressed by The North Hill Community Garden Leaders. The NHCG email address is northhillcommunitXgarden @gmail.com Liability Waiver and Signature The City of Stillwater does not assume responsibility for acts of vandalism or loss of crops due to thefts. I agree to abide by these conditions set forth by The North Hill Community Garden. I have read and understand The City of Stillwater License to Use Real Property agreement and I agree to abide by it. AGREEMENT TO RELEASE FROM LIABILITY I, the undersigned, do for myself and on behalf of my family and my personal representatives, hereby agree to forever release and hold harmless The City of Stillwater and The North Hill Community Garden, all of its trustees, officers, agents and employees for any and all liability arising from any claim, demand or cause of action of any nature for: • personal injury to myself or to others • damage to my personal property or to the personal property of others or • my death as a result of my participation in gardening activities, or caused by conduct, whether negligent or grossly negligent, of The City of Stillwater and The North Hill Community Garden, any of its officers, agents or employees. I certify that I am in good health and that I have no physical limitations that would preclude me from participating in these activities. I fully understand that the terms of this agreement are legally binding and that I am signing this agreement after having completely read it. I understand that neither The North Hill Community Garden Core Group and Leaders nor the City of Stillwater is responsible for my actions. I THEREFORE AGREE TO HOLD HARMLESS THE NORTH HILL COMMUNITY GARDEN AND THE CITY OF STILLWATER FOR ANY LIABILITY, DAMAGE, LOSS OR CLAIM THAT OCCURS IN CONNECTION WITH USE OF THE GARDEN BY ME OR ANY OF MY GUESTS. I have read and agree to abide by the above garden rules and policies. I understand that failure to abide by these rules will result in forfeiture of my gardening privileges. Printed Name: Signature: Date: ,n rt 1 N commune ga , Plan! a Seed, Gro:ti a Community North Hill Community Garden 2012 Treasurer's Report Grant from Friends of Stillwater Parks $4,000.00 Donations and Fees from Garden Members $2,890.00 Total Revenue $6,890.00 Cost to Build the Garden $6,742.92 Current Balance in Bank Account $147.08 Total # of Plots 40 # of Paying Members 31 # of Donated (incl partially funded) Plots to Families and Individuals 8 # of Community Plots -- Produce Donated to The Community Kitchen 4 # of Members Who Contributed Additional Funds 19 m -- -------- --- WON gg WIN NN