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Grandview Avenue Flower Gardens Copyright 2014 City of Dubuque Action Items # 8. ITEM TITLE: Grandview Avenue Flower Gardens SUMMARY: City manager recommending approval of Gwen Kossel and others request to plant and maintain perennials in the flower beds in the Grandview Avenue and Plymouth Court boulevards. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type ❑ Grandview Avenue Flower Gardens-MVM Memo City Manager Memo ❑ Approve Req-Flowers Project on NGVA/Plymouth Ct Staff Memo ❑ Appendix A-Citizen Proposal Supporting Documentation ❑ Appendix B-Trust Ltr of Resolution Supporting Documentation ❑ Appendix C-Volunteer Waiver Supporting Documentation ❑ Appendix D-Policies and Procedures Supporting Documentation THE CITY OF Dubuque UBE I erica .i Masterpiece on the Mississippi 2007-2012-2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Approve Citizen Request to plant and maintain perennials in flower beds on Grandview Avenue DATE: May 14, 2015 Leisure Services Manager Marie Ware met with Gwen Kossel and others related to the presentation that was made at the May 4, 2015, City Council Meeting. Marie is recommending City Council approval of their request to plant and maintain perennials in the flower beds in the Grandview Avenue and Plymouth Court boulevards. I concur with the recommendation and respectfully request Mayor and City Council approval. Micliael C. Van Milligen MCVM:sv Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Marie Ware, Leisure Services Manager THE CITY ODubuque II-A U Bi E ;111 I.mericaCi i Masterpiece on the Mississippi 2007-2012-2013 TO: Michael C. Van Milligen, City Manager FROM: Marie L. Ware, Leisure Services Manager SUBJECT: Approve Citizen Request to Plant and Maintain Perennials in Flower Beds on Grandview Avenue DATE: May 14, 2015 INTRODUCTION The purpose of this memo is to request City Council approval of Dubuque citizens request to plant and maintain perennials into the beds in the Grandview Avenue boulevard. BACKGROUND The City Council was approached during citizen comments by Gwen Kossel, 445 South Grandview, Joan Frommelt of 100 North Grandview and Jennifer Hermsen of 450 South Grandview at the May 4, 2015 meeting. The group requested consideration that they be allowed to change 45 annual flower beds to perennial beds. They shared they would fundraise corporate and individual sponsorships. Costs of the beds would be about $400 if volunteers planted or $600 if a contractor planted. Volunteers would be recruited to water and maintain the perennial beds. Appendix A contains the handout given to the City Council. The Council referred the matter to staff. DISCUSSION I met with Gwen Kossel and other representatives of the Grandview Avenue neighborhood. At the meeting they shared the following information related to their proposed project: 1. Their proposed planting has 3 varieties of plants per bed. A perennial ornamental grass creates a ribbon in all beds with two varieties of perennial flowers in each bed. 2. They have been working with Great Plains Landscaping regarding this design. A hired contractor would order, plant and mulch all beds if the project is approved. 3. They are looking at creating team captains that would be in charge of specific beds of the boulevard. 1 4. They were planning to do a town hall meeting to inform people along Grandview Avenue of the plans. 5. They were planning to do a safety meeting with team captains and volunteers that will be maintaining the beds. 6. Their project area includes the Grandview Avenue and Plymouth Court boulevards. 7. A Go Fund Me site was set up already and has donations. They have commitments of over $12,000 already and a person has committed to the additional fundraising to complete the planting project. 8. Team captains and volunteers would water the plant material and weed the beds. They would also clear beds in the fall and/or spring. 9. They are looking into a horticultural intern to potentially assist them throughout the summer. 10. They would have their team captains and volunteers sign waivers. Their request was to: 1 . Receive authorization from the City to establish perennial beds in the locations of the annual beds in the boulevards for Grandview Avenue and Plymouth Court. 2. Receive authorization and procedures that would allow neighbors to perform the maintenance of these newly established perennial beds in the boulevards for Grandview Avenue and Plymouth Court. After this meeting I engaged numerous city departments to review the project as we do with many park improvement projects. I consulted Dave Johnson, Assistant Planner in the Planning Department to determine if there was any historical context or requirements we should considered. He shared there was no concerns from historic preservation that would need to be considered with the proposed project. He shared information known regarding the Peony Trail which is separate from the project proposed. During the community conversation regarding the neighbor's project there have been numerous questions regarding the Peony Trust and its potential availability for this project. Edwin B. Lyons established a fund, "The Ella M. Lyons Peony Trail Fund." The fund is to be used only for the purchase of materials, supplies and replacements necessary to maintain the Dubuque Peony Trail. Each year the Park Division budgets on average $2,000 for peony trail maintenance. The current cash balance of the Peony Trust is $46,038 and stock balance is $11 ,513. This is earnings from the fund established by EB Lyons used for maintenance each year per the letter of resolution attached as Appendix B. As you see from the documents the Trust is specific for the peony trail and would not be available to other flowers or landscaping. Consultation with Jane Smith, Engineering Assistant 11, was completed to review site distance and turning movements at cross streets. This was done as some of the perennial plants are taller than the annual plants and peonies. Visibility is critical to vehicles, pedestrians and bicyclists all using Grandview Avenue. The most concern is in the area of Bryant School and Grandview with the business on the corner that is 2 generating many pedestrian and bicycles crossing Grandview Avenue at that location. Earlier this year Engineering and the Park Division worked on improving visibility in this area. There is one bed that the Park Division was going to not plant before this request came and all agree this is a good idea. There are two other beds that will not be planted as perennial beds due to the height but would be reserved for annuals at a later date. The citizen's group agreed as they see the need for visibility in this area. Park staff had also prior to this project been considering elimination of three additional beds in the southern part of the project due to their odd shapes. Other landscape improvements were being planned. These ideas were reviewed by the citizen committee and they concurred. We agreed to work together on this. Steve Fehsal, Park Division Manager and Kelly Goossen, Horticulturist took the proposed plans and measured all the sizes of the current beds. The sizes of the beds varied greatly throughout the boulevards. Lengths varied from 13 to 29 feet and widths varied from 3 to 9 feet. Grandview Avenue boulevard is consistently 15 feet wide. Plymouth Court is consistently 24 feet wide. Contact was made with Great Plains Landscaping to determine the size of the beds proposed based on the plants proposed. It was agreed that a standard size of beds will work for both design and maintenance. Park Division staff and the contractor agreed that they would work together on placement of beds which would standardize placement on islands as well. Conversations were ongoing in the Park Division prior to this project about making the annual beds a consistent size. The varying sizes of beds make the boulevard mowing time extremely labor intensive. It has been mowed by push mower as the width between the curb and flower beds in many locations is quite narrow requiring use of these labor intensive methods. Standardization of beds will allow the Division to consider equipment that will more efficiently perform the same job saving person hours of work during the mowing season. The contractor and staff agree that another flower bed option would be developed for shade tolerant varieties as some beds are shaded by street trees. The citizen group is looking at a limited number of beds potentially having an area for annuals. These would have a ribbon of ornamental grass and room for annuals. The final plan will be reviewed by both the Park Division and the citizen committee. The Legal Department developed a waiver (Appendix C) and assisted in the review of policies and procedures (Appendix D). I met with the Citizen Committee again to review all the topics above. They are ok with the waiver and policies and procedures related to this project. They are very excited about the project and had no issues with the Appendix C and D. Fundraising and contracting of the work will be done by the citizens group. The Grandview Flowers Coordinator is Gwen Kossel and will be the city's contact for this 3 project. She will then work with volunteers from the neighborhood. Steve Fehsal, Park Division Manager will be the city's primary contact. RECOMMENDATION I respectfully request Council approval of the citizen's request to plant perennials in the Grandview Avenue and Plymouth Court boulevards. MLW:et attachment: Appendix A, Citizen Proposal Shared Appendix B, Peony Trust Letter of Resolution Appendix C, Waiver Appendix D, Policies and Procedures cc: Gwen Kossel, Citizen Project Spokesperson Steve Fehsal, Park Division Manager Kelly Goossen, Horticulturist Barry Lindahl, City Attorney Crenna Brumwell, Assistant City Attorney Laura Carstens, Planning Services Manager Dave Johnson, Assistant Planner Jane Smith, Engineering Assistant 11 4 GRANDVIEW GARDENS ,a 45 Gardens including Plymouth Court. Great Plains quote is $400, or materials and the neighborhood plants, spreads the mulch and waters. Or, it is 600.00 with materials and labor. The neighborhood will still need to water. Questions from the neighbors are: , a; The city has not sprayed for weeds in the boulevard? • Will they spray? _= • Will they continue to mow? What is the current plan for the peony beds? _-- • Will the city come and cut this back at the end of the season? We understand that there is a budget concern.Is the concern about maintenance? • What is the primary concern labor in watering,weeding, and cutting back in the fall? Who did the planting in the past-Garden Club? • Are they unwilling to do it again? • Was there a charge to the city for the planting? Can the neighbors plant the plants that the city has already grown in the greenhouse? • Or were there no plants planted? If there are no plants can we the neighbors plant perennial beds that are all uniform? • Will the city water them? We have a lot of interest in the neighborhood about"pitching in"to assist in the beautification of one of our longest parks. • We have 7 of the gardens that people said that they would "sponsor." • We can have a kickstarter and reach out to neighbors for additional funding. . t _ ,R• lk I 4 6V..+"''.r IBJ Yf/3 M` f er rx-r rlil RESOLUTION NO. 68 57 Wher as, E. B®, Lyons has tendered to the City of Dubuque a gift of thirty-seven ski s-' of AmericanTelephoneTelegraph Com C on Capital Stock for the wMress purpose of using the income there from to perpetuatemaintain and the Dubuque Peony Trail: and i Whereas such donor has imposed upon such t certain terms and conditions as act out in this letter of March 21., 1957, _. resadd to the Xayor and City Council of the of Dubuqu , which letter is now on file with the City Clark: and Whereas the City Council is of the op Won that it is in the best public interest that such gift be accepted under the terms and conditions stated in such letter: WX a rRE, BE IT RESOLVED BY THE--CITY COUNCIL OF THE CITY OF DUBUQUE: Section 1. That the City of Dubuque hereby accepts such gift under the terms and conditions stated in such offer and the City Manager is hereby authorized receive the transfer of said stock for and on behalf of the City of Dubuque: Section 2. That said thirty-ooven shares of American Telephone and Telegraph Company common capital stock shall, when received, be placed in } the Trust and Agency Funds in a fund to be designated "The Ella M. Lyons r Peony Tx the income therefrom shall be used onily for the purchase of materials,, supplies and replacements necessary to maintain the Dubuque Peony Trail an the same is now maintained,, together with such additions as the circumstances prove proper; Section 3® That the CitZ Manageris hereby directed to have installed t f e time, d the son o ea Ye a memorial marker in honor of the founder of the Peony Trail., Mrs R. M. 4 Lyons, either at the east poo! bed in WastjNfton Park or on Gr ew Avenue near Delhi Street; f Section 4. That the condition of said gift an expressed in the j donor's aforesaid letter, with regard to the reversion thereof in the event said Peony Trail is not maintained on Grandview Avenue in its present condition* is hereby accepted by the City of Dubuque: Section 5® No variety of peony shallbe purchased for said Peanny Trail from the proceeds of said FUnd without the recommendation of the Chairman of the Peony Trail Committee of the Dubuque Garden Club having been first obtained. i I I Piss d, accepted and approved s lot day of April,, A. D. 1957® i C�aarles %. Lova Xayor Clarence P. Welu F. Kolb- Charles olbCh les A. KintzinRer Attest: Councilmen 4 E Leo F. Frommmaelt., City Clark I i I I I xarah . 1957 To hIs Honor the mmoor city COIWOU i The i � ons Dubuque Peony Tral.l was started in 19 hall Owe to be known ws one of the' ano t beautiful floral p2 in this 800tioft of the country** For the- pwposs of aiding in the perpetuating of this trail, I ' to give to the City of Dubuque y s (37) of American Telephone Y Co. — apprwdmately preseat value . to establish a permanent fund to be titleds N. ' IOUS Peony Tr "s Fund". The imme from this pund to be used JMy the Park' for the purogno of,fertilixer for the Trail, replacemeates the purWme Of Variotise for Opecimm psoxW bedj and such otheran will details xake it me" attractive. varieties are to be purchased the' chairman of the PscW Trail Clowtittee of the Dubuque1 first be o This gift will be. and u the tion that the P Tran maintained old t the Kawrial, Marker in memory of the Founderi, We H. N. 40hop sh&U be ereated each ywt the out .0gOW bed Iii WashingUm Park or on ftndvleuAvenue t Delhi Street_ during e . l of f the t sevar laterIf this gin is accepted axW in y the Park Board doe t find it desirable s NOW Avows IA e=enent oonditionat apprWdMt0lY its PrOsOnt sis0a then the above Telephone Telegraph ® with l be transferred by the City,, one-nalf to the Young Hents Christian AssooiatIOU and ons-nalf to- the youngWONM'a Christian Assooiation. Tbeae gum to be used DUW" :B18titutlow for permanent jmpr9vgm@nUt for current mcpans.9s. if 'this t In aaceptedor Immediately to the City So t the inuome may be avallable at, once to the Park Board. , bear from YouPrOMPUY- Respectfully SAS"d go . APPENDIX C CITY OF DUBUQUE GRANDVIEW AVENUE BOULEVARD PLANTING MAINTENANCE VOLUNTEER RELEASE AND LIABILITY WAIVER IMPORTANT, READ THIS DOCUMENT IN FULL BEFORE SIGNING! I desire to participate as a volunteer with the City of Dubuque (hereinafter "City") to provide Grandview Avenue Boulevard Planting Maintenance (hereinafter "Maintenance"). I represent, acknowledge and agree that: (A) I am entering into this Volunteer Release and Liability Waiver (the 'Release") freely and voluntarily, without duress, for the benefit of the City, its directors, officers, employees, agents, contractors, volunteers and constituent members, and their respective successors and assigns. (B) My participation is strictly voluntary, and without compensation. In performing Maintenance, I am not an employee of City or any of its constituent members (irrespective of whether I may an employee of any such party for other purposes), and I will not represent myself as such. I understand that City does not carry or maintain any health, medical, or disability insurance coverage, for its volunteers, and that I am expected to carry my own personal health insurance. (C) I am aware that Maintenance often involves hard physical labor, heavy lifting and other strenuous activity. I am in good health and physically able to perform this type of work. I am also aware that Maintenance will be conducted in environments that may be inherently dangerous or hazardous, and that this entails certain risks, including (but not limited to) accidents, bodily injury, illness or death, damage to property or other loss. (D) My participation in Maintenance is entirely at my own risk, and I assume all risk and responsibility for any property loss or damage, bodily injury (including death), personal injury, or illness that I may sustain as a result of my participation, including related medical costs and expenses. To the fullest extent permitted by law, on behalf of myself, my successors and assigns, I release and forever waive, and hold City, its officers and employees harmless from, all claims, causes of action, liability and damages that I now or hereafter have with respect to any property loss or damage, bodily or personal injury, illness or death that may result from or arise in connection with my participation in Maintenance. (E) I will at all times fully observe and abide by all Policies and Procedures established by City with respect to Maintenance. Any questions about the Policies and Procedures will be resolved by the Park Division Manager, whose decision I will respect as final. (F) In the event of any emergency, I authorize the provision of any first-aid or medical treatment deemed necessary for my immediate care from any licensed hospital or medical personnel, and I will be responsible to pay for all such services. I release and forever discharge City from liability for any and all claims arising on account of any such treatment or services. (G) I have the right to discontinue participation in Maintenance at any time and for any reason, in my sole discretion. If I choose to do so, I will notify the Park Division Manager of my decision as soon as possible. I understand that City has the right to terminate my Maintenance volunteer services at any time and for any reason, in its sole discretion. The Park Division Manager has the authority to direct the entire team, or any individual member (including me) to leave a site at any time for any reason, and I will promptly comply with all such directions. (H) City shall have the right to use, for any legitimate purpose, any and all photographic images and video or audio recordings provided to them of any Maintenance activities, including those in which I am depicted, and I waive all rights to compensation by reason of such use. VOLUNTEER: IN CASE OF EMERGENCY Print Name: Primary Contact: Signature: Relationship: Address: Telephone: Phone: Alternate Contact: Date: Relationship: Telephone: APPENDIX D Grandview Avenue and Plymouth Court Flowers Project Planting and Maintenance Policies & Procedures for Newly Established Perennial Beds VOLUNTEERS 1) All maintenance activities must occur during daylight hours. 2) A reflective safety vest must be worn at all times when working in, on, and near the boulevard plantings. 3) All maintenance activities must be done by adults (over the age of 18). 4) No minors or pets are allowed to participate in maintenance activities. 5) Volunteer maintenance activities are limited to weeding and watering newly planted perennial beds only. Maintenance activity also includes cutting back perennial flowers after they have died in the fall and ornamental grass in late fall or early spring. Ornamental grass would be trimmed to about 5 above the ground in these beds. Disposal of trimmed flowers and grass will be completed by volunteers 6) No hoses would run across Grandview Avenue for watering. Volunteers carry water across to beds. 7) If a vehicle is used for watering, use proper signals and have strobe. Do not block traffic. 8) Fertilizer or preemergents can be applied only by persons with commercial pesticide applicators license and should be organized by Grandview Flowers Coordinator not volunteers. 9) Nothing may be attached to the light poles or flags changed or removed. 10) No signs or other adornments can be placed in the boulevard. 11) The grass in the boulevards may not be treated. PROJECT MANAGEMENT Park Division will communicate with Grandview Flowers Coordinator who works with the neighborhood volunteers. Volunteers will communicate with Coordinator who communicates to the Park Division. Grandview Flowers Coordinator is Gwen Kossel. Management of Volunteers is by Coordinator. If city park personnel notice problems with plants in the perennial beds or there is any bed that requires maintenance the Coordinator will be notified. Replacement plants for perennial beds will be provided by the Project until July 1 , 2016. CONTRACTOR Call before you dig for the planting and any replacement. • The contractor is required to do an Iowa One Call. • The boulevards contain water and storm sewer lines in addition to electrical for the lights. At times other utilities cross the boulevards. • Because of these underground lines there could be a possibility that perennial beds would need to be disturbed. The cost of replacements would be taken care of by the party that disturbed them. • In the case of an accident, if the party is known they would be responsible for damage; if unknown, replacement would be at the city's cost. CITY 1 . Mowing of the grass in the boulevard, pruning or trimming of trees or shrubs. 2. Peony beds care and maintenance.