TOWN OF FREEPORT Planning Department

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Dorcas Warren
5 years ago
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1 TOWN OF FREEPORT Planning Department November 29, 2011 TO: FROM: RE: Dale Olmstead Donna Larson Ice skating rink on Depot St. Over the last couple of months I have been exploring the idea of using a village parking lot for a winter ice skating rink. The lot on Depot St just south of the house at 45 Depot St. has the right grade, pitch, and size for a 45 x 95 ice skating rink. The land is owned by 88 Main Street Freeport LLC, or Linda Bean. Linda has very graciously agreed to lease the parking lot to the town for use as the rink during the cold weather months. That agreement is included in your packets. The Council will need to authorize Dale to enter into that agreement. The parking lot has 25 parking spaces which are needed to meet the parking requirement for Linda Bean s Maine Kitchen and Topside Tavern. The agreement includes the requirement that 25 parking credits be issued by the Town Council while the lot is being used for the rink. The Parking Credits section of the Traffic and Parking Ordinance gives the Town Manager the authority to issue parking credits if spaces are lost when parking lots are connected, if pedestrian or bicycle access is improved, if a vehicular circulation is improved or for specialized parking needs such as RV parking. The Town Council can approve parking credits if the Town Council makes a determination that the loss of parking spaces results in a significant public benefit. In determining if a project results in a significant public benefit, the project must be consistent with the Vision Statement of the Comprehensive Plan. With regard to this circumstance the Vision Statement says providing a variety of goods and services that attracts visitors and sustains residents, again consistent with the community s character. An ice skating rink kit manufactured by NiceRink in Wisconsin is proposed. The kit includes a bright white line, brackets that are held in place with sand bags, plywood pieces that attach to the brackets, and a kick plate and bumper that holds all of the component pieces together. The kit also includes a hand held ice resurfacer that is connected to a hose. A picture of a rink in attached. The budget for the project is as follows: NiceRink kit shipping included $2,700 Snow blowing $1,600 Sign $ 200 $4,500

2 The support from the community for this project has been tremendous as demonstrated in the donations that have been made. Donations include $500 each from Rotary, Freeport Fire Company, and Nordica Theater, donation of plywood sides from Warren Construction and Zachau Construction, CPM Construction will loan the twon two jersey barriers for the winter. Public Works will erect the rink, the Fire Dept. will fill the rink, Rotary will help with keeping the surface smooth and removing snowfalls less than 3. The Community Center will provide the outdoor faucet for resurfacing the rink. The liner is expected to be good for three years; the brackets, plywood, kick plates, bumpers, and the ice smoother are expected to last for many years. The remaining funds $3,000 are proposed to be taken from the Village Open Space Fund. These funds are paid by the developers of residential subdivisions in the Village. In lieu of providing land as open space, a fee is required. Section 504B.2.d states The fees shall be used at the discretion of the Town Council to purchase open space or to provide village open space amenities such as trail construction, parks, landscaping, benches, and stream crossings

3 MEMORANDUM TO: FROM: Dale Olmstead, Town Manager Albert Presgraves, Town Engineer DATE: November 30, 2011 SUBJECT: Leon Gorman Park Ice Skating Pond The ice skating pond at Gorman Park has presented a challenge to maintaining a good, usable ice surface since the pond was completed in Each year, it seems, there is a new leak identified and repaired. [This year s leak was repaired about a month ago, and now the pond seems to be holding water.] Although the pond now seems to be holding water, there are some problems that cannot be easily resolved. One of these is the existence of two sewer manholes in the pond that are always warmer than the air; these don t allow the water to freeze hard against the structure, and may allow a pathway for some water leakage. Another issue is that the steep slopes on the north and east sides of the pond melt (from sun exposure) onto the edge of the pond, causing a wet slush on top of the ice and/ or rough ice conditions along this edge. We have tried various methods to maintain the ice surface over the past four years. Prior to this year, we have tried to build up the ice with many thin layers, and last year we waited to start this process until after the base of the pond was well frozen. The general experience with this approach has not been good, with the ice surface often having a lot of air pockets, and thin shell layers that break easily and result in a poor skating surface. This year, we are planning to maintain a fairly full depth of water (about 6 to 12 inches,) in the pond before the hard freezing conditions arrive, with the expectation that the clay liner will seal itself to reduce the apparent slow leakage that seems to contribute to the difficulty in maintaining a good ice surface. We are also going to increase the size of the water hose at the yard hydrant to provide more water for maintaining the surface after the initial filling has occurred. With the above background, I am cautiously optimistic that a surface of ice can be established and maintained. However, past experience is not encouraging. Please let me know if you have any questions, or want more information.

5 MEMORANDUM OF LEASE AGREEMENT REGARDING ICE SKATING RINK LOCATED ON PROPERTY OWNED BY 88 MAIN STREET FREEPORT, LLC This Agreement is made as of the first day of December by and between 88 Main Street Freeport, LLC ( Owner ), a Maine limited liability company having an address of P.O. Box 860, Camden, Maine 04843, and Town of Freeport, Maine ( Town ), a municipality organized under the laws of the State of Maine and having an address of 30 Main Street, Freeport, Maine For good and sufficient consideration, the parties agree as follows: 1. The Owner agrees to lease to the Town its parking lot located on Depot Street in Freeport, Maine at Tax Assessor Map 11, Lot 137 (also described as Lot 1 and Lot 2 of the Oak Street lots in a certain deed from The Denney Block LLC to the Owner dated September 20, 2010 and recorded in Book 28099, Page 300 of the Cumberland County Registry of Deeds). 2. The lease is for an ice skating rink, as weather permits, between December 1, 2011 and March 31, During the period of this lease, the property shall be exclusively under the control of the Town. 3. The Town agrees to undertake and be responsible for the following: a. The Town shall purchase, erect, and maintain a 49 x 95 ice skating rink from NiceRink of Genoa City WI and remove the ice skating rink when the ice is thawed in the spring of After removal, the parking lot will be cleaned and if there is any damage is resulting from use of the parking lot as an ice rink, all consequential repairs will be made. Surrender of the parking lot after this use shall be documented by written acceptance signed by both parties. b. The Town shall be fully responsible for all maintenance, supervision, lighting and all other duties associated with operation of the skating rink. c. The Town shall indemnify and hold harmless the Owner, its officers, agents and employees from claims, suits or liabilities resulting from the use of the parking lot as a skating rink, the handling of equipment or machinery, including the obligation to defend against all such claims. d. The Town shall maintain coverage for personal injury liability with limits of $400,000 per occurrence for actions under the provisions of the Maine Tort Claims Act for covered claims which may arise from the Town s negligent action or inaction. e. The Owner shall be granted 25 parking credits from the Town Council for as long as the parking lot is used for an ice skating rink. 4. For so long as the lease is in effect, the Town shall create and maintain a sign on the premises which thanks the Owner for use of the property, but which uses

6 language that does not suggest that the Owner manages or is otherwise responsible for the operation of the skating rink. 5. The document constitutes the entire agreement of the parties. Any amendment thereto shall be in writing and signed by both parties. In witness whereof, the parties hereto, by their duly authorized representatives, have set their hand and seals as of the day and date set forth above. 88 Main Street Freeport LLC, A Maine limited liability company By: Name: Linda L. Bean, Manager TOWN OF FREEPORT, MAINE By: Name: Dale Olmstead Title: Town Manager

FIELD USE AGREEMENT. DATE: This Agreement is made on the day of, 2016.

FIELD USE AGREEMENT. DATE: This Agreement is made on the day of, 2016. FIELD USE AGREEMENT DATE: This Agreement is made on the day of, 2016. PARTIES: This Agreement is made between the following parties: SANDY CITY, a Utah municipal Corporation, 10000 South Centennial Parkway,