HomeMy WebLinkAboutCC minutes and license agreement with Donation Garden ��
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MINtiTES OF THE
ORONO CITY COUNCIL MEETING
Monday,November 14,2011
7:00 o'clock p.m.
(6. 11-3528 TIMOTHY AND DANIELLE IiOEHLER, 4205 NORTH SHORE DRIVE,
Continued)
Rahn stated that was not his understanding of what the one percent was and that he was thinking it was
the 28.4 percent listed in the original resolution.
Bremer stated Staff was looking for direction on the amount of hardcover that would be allowed before
the Council would need to review the application again. Bremer noted the Council has to use the number
that is in the draft resolution. If the number is less than one percent, the applicants do not have to come
back.
McMillan asked whether a rain garden needs to be installed.
Koehler noted it has already been constructed.
VOTE: Ayes 3, Nays 2,Rahn and McMillan Opposed.
*7. 11-3529 ESTATE OF ARTHLJR J. NELSON, 400 WILLOW DRIVE SOUTH AND 2260
FOX STREET- SUBDIVISION,LOT LINE REARRANGEMENT-RESOLL'TION NO. 6093
Printup moved, Rahn seconded, to adopt RESOLUTION NO. 6093, a Resolution Approving a
Subdivision of a Lot Line Rearrangement for Properties Located at 400 Willow Drive South and
2260 Fox Street. VOTE: Ayes 5, Nays 0.
8. DONATION GARDEN, 2300 FIRE STATION DRIVE-LICENSE AGREEMENT
RENEWAL
Curtis noted the applicant would like to discuss the issue of insurance.
April Wysocki thanked the Council for drafting this agreement and stated that they are looking forward to
next year. Wysocki asked whether they should provide insurance from the date of execution or only
during the time the garden is being used.
Mattick stated the anticipation is that it will be insured the entire time the agreement is in place, which
would be the end of 2012.
Wysocki asked whether it should be insured for a 12-month period.
Mattick indicated it should be.
Wysocki asked whether they will need to pay the typical Orono license fee.
Mattick stated there is no licensing that is required and that it automatically renews pursuant to the
agreement.
Wysocki asked if it would be the normal fee for a license.
Mattick stated he did not anticipate a license fee beyond what is contained in the agreement.
Page 12 of 16
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MINUTES OF THE
ORONO CITY COUNCII.,MEETING
Monday,November 14, 2011
7:00 o'clock p.m.
(8. DONATION GARDEN, Z300 FIRE STATION DRIVE, Continued)
Wysocki noted they had asked for a $5 license fee.
Mattick stated the draft had a one dollar per year provision in it but that is not in the agreement before the
Council tonight. Mattick stated he is not sure what the City would charge for a garden and that it was
contemplated it would be a one-time fee. Mattick commented the fee should probably be included in the
agreement if the Council wishes to charge some type of a fee.
Vee stated they originally talked about charging it as a special event permit,which would have been a�50
fee.
Mattick stated if the Council is not contemplating a fee, then the agreement is fine as is.
Wysocki stated they needed to clarify the insurance issue for their insurance agent.
Mattick noted the group does have access to the site and that they are contemplating leaving property on
site, such as a fence and other items. The Council could limit the insurance coverage period,but if
something happens outside of that time period, the City's insurance would need to cover it.
Bremer asked how it was handled this past cycle.
Wysocki stated it was insured through October 31 st. If the growing season starts earlier this year, they
would like to get in there as soon as possible.
Bremer commented that speaks to the need for having the insurance the entire period then.
Bremer moved, Franchot seconded,to approve the revised donation garden Iicense agreement.
VOTE: Ayes 5,Nays 0.
Y ENGINEER'S REPORT
Jared Ward, Engineer,had nothing to report.
MAYOR/COUNCIL REPOR
McMillan thanked Staff for coordinating t Lurton open�
Pnntup stated as it relates to the RFPs and looki a�a�dding a Public Works/Engineer,he was wondering
if the Council would agree to ask staff to co up with a'� t of some of the common questions regarding
day-to-day activities of the Public Wor epartment. Printu ommented knowing some of the day-to-
day operations that go on would b elpful to him.
Printup noted in a couple the applications tonight there was talk about past etings in 2006 and 2007.
Printup noted previo y the City's website contained meeting minutes going back or more years and
— — Page 13 of 16 — -
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LICENSE AGREEMENT
THIS LICENSE AGREEMENT is made on Jernbe� 1 , 2011 between the City of
Orono, a Minnesota municipal corporation, whose address is P. . Box 66, Orono, MN 55323
(the "City") and April Wysocki, the Donation Garden representative, whose office address is
2770 Rainey Road, Orono, MM 55391 (the "Licensee").
1. License to Use Propertv. Subject to the terms and conditions of this License
Agreement, the City hereby grants to Licensee a non-exclusive license to use a portion of 2300
Fire Station Drive ("Property") for a Donation Garden under the terms and conditions specified
herein. No other rights are granted or conferred upon the Licensee or those using the Donation
Garden by this License Agreement.
2. Term. The term of this License Agreement shall commence upon its date of
execution and end on December 31, 2012, unless terminated prior thereto as provided herein.
At the expiration of the initial term, this License Agreement shall be automatically renewed for
up to five (5) successive one-year terms, unless either party gives written notice to the other
party of its intent to terminate this License Agreement at the end of the initial term or renewal
term, as the case may be. The terms and conditions during any renewal term shall be the same
as the terms and conditions during the initial term of this License Agreement. The City reserves
the right to terminate this License Agreement upon ninety (90) days notice to Licensee in the
event the City receives an executed purchase agreement for the Property or a portion thereof.
3. Use of Propertv. The Licensee shall be permitted to use the designated area of
the Property for the purposes of a Donation Garden, as described in this License Agreement,
and shall not use the Property for any other purposes. The Licensee shall not use the Property,
or permit anything to be done in or abouf the Property, which will in any way conflict with any
law, statute, ordinance, or governmental rule or regulation. The Licensee shall not use,
generate, store, or dispose of any Hazardous Materials in or about the Property. The term
"Hazardous Material" shall mean asbestos, petroleum, and any other hazardous or toxic
substance, material, or waste which is, or becomes, regulated by any local governmental
authority, the State of Minnesota, or the United States Government. Except as expressly
allowed by the City in writing, the Licensee shall not use or allow the use of non-organic garden
fertilizers, herbicides or pesticides. The Licensee shall use and keep the Property in a clean
and orderly condition. At the request of the City, the Licensee shall erect signs and use other
reasonable means to keep the users of the Donation Garden from interfering with the operation
of the Fire Station.
4. Insurance. The Licensee agrees that prior to its use of the Property under this
License Agreement that it will maintain comprehensive liability and property insurance for its use
of the Property.
5. Alterations and Improvements. The Licensee shall be responsible for the
following respective obligations and conditions:
A. Install fencing, edging and landscaping acceptable to the City. The fencing may
remain in place through the allowed five (5) successive one year renewal terms.
B. Install one movable bench for seating; maximum 5' long, 3' wide, 4' high.
157726v3 1
SMM:11/4/1 l
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C. Weed garden and areas immediately surrounding garden and fencing, clean and
maintain site.
D. On-site storage of gardening materials, tomato cages and poles.
E. At the end of the growing season and following harvest, remove or till under all
vegetation and cover with material acceptable to City to manage erosion and to
preserve the site.
F. Identify the location of a minimum of two (2) parking stalls on the property.
G. The size of the garden shall not exceed 100' x 100' and the location shall be
adequately defined.
H. If a water line and spigot are to be installed, the location must be deemed
acceptable to the City. This line shall have a meter installed and the Licensee
shall be responsible for all water used.
6. Prohibitions.
A. The Licensee shall not make any other alterations, improvements, or installations
in or to the park property or designated donation garden area without the City's
prior written consent, which consent may be withheld in the City's absolute and
sole discretion.
B. No permanent structures:
1. Only temporary fencing allowed.
2. No buildings or structures, sheds, gazebos, farm stands, etc.
3. No picnic tables, storage bins/containers, bike racks, compost containers,
lighting, or raised planting beds.
C. Signage:
1. One directional sign shall be permitted. The location of the sign shall be
defined and may not exceed 8" x 18".
2. One site identification sign shall be permitted; maximum 2 square feet.
D. No port-a-potty facilities.
E. No retail sale permitted on property.
F. No use of the Property before dawn or after dusk.
G. No composting on site.
7. Assiqnment. The Licensee shall not transfer or assign this License Agreement
to any other party.
8. Default. If the Licensee violates or fails to perform any of the other conditions,
covenants or agreements herein made by the City, and such default continues for five (5) days
1�7726v3 �
SMM:I 1/4/11
after written notice from the City, such violation or failure shall constitute an Event of Default.
Upon the occurrence of an Event of Default, the City may, in addition to any other remedies
available to the City at law or in equity, immediately revoke the license granted by this License
Agreement without any further notice to the Licensee. Neither the passage of time after the
occurrence of the Event of Default nor the exercise by the City of any other remedy with regard
to such Event of Default shall limit the City's rights under this Section.
9. Miscellaneous Governinq Provisions. This License Agreement shall be
construed and interpreted in accordance with the laws of the State of Minnesota. No failure on
the part of a party to this License Agreement to exercise, and no delay in exercising, any rights
contained in the License Agreement shall operate as a waiver of such rights, nor shall any
single or partial exercise of any rights hereunder preclude any other or further exercise of such
rights or the exercise of any other right. The remedies provided in this License Agreement are
cumulative and not exclusive of any other remedy provided by law or equity. All terms and
words used in this License Agreement shall be construed to include any other number and any
other gender as the context or sense of this License Agreement or of any paragraph of this
License Agreement may require as if such terms or words had been fully and properly written in
the appropriate number and gender. Any exhibits to this License Agreement are a part of this
License Agreement. Captions are provided for convenience and ease of reference only and do
not affect or modify the terms of any of the provisions of this License Agreement. All of the
provisions of this License Agreement are separable, so if any provision of this License
Agreement is held to be ineffective by a court of competent jurisdiction, the remaining provisions
of this License Agreement shall remain in full force and effect unless the invalidated provision is
so fundamenta� to this License Agreement that the remaining provisions do not reflect the
parties' intent. This License Agreement contains the entire agreement of the parties with
respect to the subject matter of this License Agreement and supersedes any and all prior
agreements and understandings between the parties with respect to the same. The terms of this
License Agreement have been cooperatively negotiated by and among the parties hereto, and
this License Agreement shall not be construed against any party hereto as its author. Only a
written instrument executed by both parties may modify this License Agreement. Time is of the
essence for each and every term of this License Agreement. All of the indemnifications
contained in this License Agreement shall survive the expiration or termination of this License
Agreement. This License Agreement may be executed in counterparts and, upon execution,
each counterpart shall be considered an original.
-� CITY OF ORONO
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� � � � By: � �
BY� �� `'�' Lili Tod McMillan
��'` �� ' �' Its Mayor
on behalf of The Donation Garden .
. By.
J ssica L tus
s City Ad � stra or
is��z6�3 3
SMM:11/4/l l
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LICENSE AGREEMENT
THlS LICENSE AGREEMENT is made on n�,.�,. � , 2011 between the
City of Orono, a Minnesota munici co or tio v►hos� add ss is P.O. Box 66,
Orono, MN 55323 (the "Cityn) an ��(. � ��`"�-�/B/A The Firehouse
Donation Garden whose office ress is '7 0 � (the
"Licensee"), � h1� 5��`��
1. License to Use Property. Subject to the terms and conditions of this
License Agreement, the City hereby grants to the Licensee a non-exclusive license to
use a portion of 2300 Fire Station Drive ("Property") for a Donation Garden under the
terms and conditions specified herein. No other rights are granted or conferred upon the
Licensee or those using the Donation Garden by this License Agreement.
2. Term. The term of this License Agreement shall commence upon its date
of execution and end on October 31, 2011, unless terminated prior thereto as provided
herein.
3. Use of Propertv. The Licensee shall be permitted to use the designated
area of the Property for the purposes of a Donation Garden, as described in this
License Agreement, and shall not use the Property for any other purposes. The
Licensee shall not use the Property, or permit anything to be done in or about the
Property, which will in any way conflict with any law, statute, ordinance, or governmental
rule or regulation. The Licensee shall not use, generate, store, or dispose of any
Hazardous Materials in or about the Property. The term "Hazardous Material° shall
mean asbestos, petroleum, and any other hazardous or toxic substance, material, or
waste which is, or becomes, regulated by any local governmental authority, the State of
Minnesota, or the United States Government. Except as expressly allowed by the City
in writing, the licensee shall not use or allow the use of non-organic garden fertilizers,
herbicides or pesticides. The Lioensee shall use and keep the Property in a ctean and
orderly condition. At the request of the City, the Licensee shall erect signs and use
other reasonab�e means to keep the users of the Donation Garden from interfering with
the operation of the Fire Station.
4. Insurance. The Licensee agrees that prior to its use of the Property
under this License Agreement that it will maintain comprehensive liability and property
insurance for its use of the property.
5. Alterations and Improvements. The Licensee shall be responsibfe for
the following respective obligations and conditions: �
A. Install fencing, edging and landscaping acceptable to the City.
B. Weed garden and areas immediately surrounding garden and fencing, clean and
maintain site.
is��26 1
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C. At the end of the growing season and foliowing harvest, remove or titl under ail
vegetation and cover with material acceptable to city to manage erosion and to
preserve the site.
D. Identify parking for a minimum of iwo (2) stalls.
E. Define size of garden.
F. tf a water line and spigot are to be installed, the location must be deemed
acceptable to the City. This line shall have a meter installed and the Licensee
shall be responsible for all water used.
6. Prohibitions.
A. The Licensee shall not make any other alterations, improvements, or insta(lations
in or to the park property or designated donation garden area without the City's
prior written consent, which consent may be withheld in the City's absolute and
sole discretion.
B. No permanent structures:
1. Only temporary fencing allowed
2. No buildings or structures, sheds, gazebos, farm stands, etc.
3. No benches, picnic tables, storage bins/containers, bike racks, compost
containers, lighting, or raised ptanting beds
C. Signage:
1. One directional sign shall be permitted; maximum 8"x18°;
2. One site identification sign shall be permitted; maximum 2 square feet.
D. No port-a-potty facilities
E. No retail sale permitted on property
F. No use of the Property before dawn or after dusk
G. No composting on site
7. Assiqnment. The Licensee shall not transfer or assign this License
Agreement to any other party.
8. Default. If the Licensee violates or fails to perForm any of the other
conditions, covenants or agreements herein made by the City, and such default
continues for five (5) days after written notice from the City, such violation or failure shall
constitute an Event of Default. Upon the occurrence of an Event of Default, the City
may, in addition to any other remedies available to the City at law or in equity,
immediately revoke the license granted by this License Agreement without any further
notice to the Licensee. Neither the passage of time after the occurrence of the Event of
Default nor the exercise by the City of any other remedy with regard to such Event of
Default shall limit the City's rights under this Section.
15�726 2
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9. Miscelianeous Governinq Provisions. This License Agreement shall be
construed and interpreted in accordance with the laws of the State of Minneso#a. No
failure on the part of a party to this License Agreement to exercise, and no delay in
exercising, any rights contained in the License Agreement shall operate as a waiver of
such rights, nor shall any single or partial exercise of any rights hereunder preclude any
other or further exercise of such rights or the exercise of any other right. The remedies
provided in this License Agreement are cumulative and not exclusive of any other
remedy provided by law or equity. All terms and words used in this License Agreement
shall be construed to include any other number and any other gender as the context or
sense of this License Agreement or of any paragraph of this License Agreement may
require as if such terms or words had been fully and properly written in the appropriate
number and gender. Any exhibits to this License Agreement are a part of this License
Agreemen#. Captions are provided for convenience and ease of reference only and do
not affect or modify the terms of any of the provisions of this License Agreement. All of
the provisions of this License Agreement are separable, so if any provision of this
License Agreement is held to be ineffective by a court of competent jurisdiction, the
remaining provisions of this License Agreement shall remain in full force and effect
unless the invalidated provision is so fundamental to this License Agreement that the
remaining provisions do not reflect the parties' intent. This License Agreement contains
the entire agreement of the parties with respect to the subject matter of this License
Agreement and supersedes any and all prior agreements and understandings befinreen
the parties with respect to the same. The terms of this License Agreement have been
cooperatively negotiated by and among the parties hereto, and this License Agreement
shall not be construed against any party hereto as its author. Only a written instrument
executed by both parties may modify this License Agreement. Time is of the essence
for each and every term of this License Agreement. All of the indemnifications
contained in this License Agreement shall survive the expiration or termination of this
License Agreement. This License Agreement may be executed in counterparts and,
upon execution, each counterpart shall be considered an original.
C1TY OF ORONO
gy. ' �'l� . � gy: �.�. -i'�/�-��
, Lili McMillan
on behalf of The Fire ouse Donation Garden Its Mayor
By:
ssica Lo us
Its City Administrator
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