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HomeMy WebLinkAbout5J Use of Public Property - Wilds HOA and City of Prior Lake Report CO� FRIO� u 14646 Dakota Street SE Prior Lake, MN 55372 4INNESO' CITY COUNCIL AGENDA REPORT MEETING DATE: OCTOBER 26, 2015 AGENDA#: 5J PREPARED BY: JEFF MATZKE, PLANNER PRESENTED BY: JEFF MATZKE AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPROVING A PERMIT AGREEMENT FOR PRIVATE USE OF PUBLIC PROPERTY BETWEEN THE WILDS HOMEOWNERS ASSOCIATION AND THE CITY OF PRIOR LAKE DISCUSSION: Introduction The purpose of this agenda item is to consider approving a Permit Agreement for Private Use of Public Property between the Wilds Homeowners Association (Wilds HOA) and the City of Prior Lake. The agreement allows the Wilds HOA to place security cameras at ten locations within their neighborhoods, while indemnifying the City from any claims relating to the cameras. History Over the course of the last few years, vandalism and theft have increased within the Wilds community. As explained in the attached narrative from the Wilds HOA, the installation of cameras is being proposed to deter vandals and enhance security of the neighborhood. Current Circumstances The attached agreement is the City's standard for the Private Use of Public Property with changes made by the City Attorney specific to security cameras. This agreement protects the City's interest and holds the City harmless if damage to the poles or cameras would occur at any time. Conclusion The agreement will allow the Wilds HOA to install security cameras within public property while protecting the City's interests. ISSUES: The location of the camera poles do not interfere with any drainage or utility issues. The Wilds HOA will be responsible for the installation, maintenance, and operation of the cameras/poles. A City Right-of-Way Permit for the installation of poles will be required. The Wilds HOA will be responsible to report and submit any video footage taken by the cameras to the proper authorities for any criminal cases. FINANCIAL There is no financial impact as a result of this agreement. IMPACT: Phone 952.447.9800 / Fax 952.447.4245/www.cityofpriorlake.com ALTERNATIVES: 1. Motion and a second, as part of the Consent Agenda, to approve a Resolution approving a Permit Agreement for Private Use of Public Property. 2. Motion and a second to deny a resolution for a Permit Agreement for Private Use of Public Property. 3. Motion and a second to defer this item and provide staff with specific direction. RECOMMENDED Alternative#1 MOTION: ATTACHMENTS: 1. Narrative from the Wilds Homeowners Association 2. Permit Agreement for Private Use of Public Property 2 (gf0! 4646 Dakota Street SE 'yrso.0A Prior Lake, MN 55372 RESOLUTION 15-xxx A RESOLUTION APPROVING A PERMIT AGREEMENT FOR PRIVATE USE OF PUBLIC PROPERTY BETWEEN THE WILDS HOMEOWNERS ASSOCIATION AND THE CITY OF PRIOR LAKE Motion By: Second By: WHEREAS, The City has public right-of-way within the Wilds community; and WHEREAS, The Wilds Homeowners Association would like to install security cameras within the public right-of-way to enhance security and deter vandalism; and WHEREAS, The Wilds Homeowners Association is requesting approval from the City for a Permit Agreement for Private Use of Public Property for the security cameras; and WHEREAS, The City Council reviewed this agreement on October 26, 2015 as drafted by the City Attorney. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The City Council of Prior Lake has determined the security cameras will not interfere with the public's health, safety and welfare subject to a Permit Agreement for Private Use of Public Property. 3. The Mayor and City Manager are hereby authorized to execute the Permit Agreement for Private Use of Public Property on behalf of the City. PASSED AND ADOPTED THIS 26th DAY OF OCTOBER, 2015. VOTE Hedberg Keeney McGuire Morton Thompson Aye ❑ ❑ ❑ ❑ ❑ Nay ❑ ❑ ❑ ❑ ❑ Abstain ❑ ❑ ❑ ❑ ❑ Absent ❑ ❑ ❑ ❑ ❑ Frank Boyles, City Manager -Of 1 7111)5 4114 , a October 16,2015 To: Prior Lake City Council Re: Request For Private Use of Public Land BACKGROUND In the past few years,vandalism and theft have increased dramatically within The Wilds community. This year alone,over 70 plants have been stolen, several parked cars have been vandalized,and many episodes of petty theft have occurred. To combat this increase in crime,the Wilds Board has unanimously voted to install security cameras throughout the community. The total cost of this project will exceed$60,000. We believe the cameras will enhance security, serve as a deterrent to vandals,and assist in the prosecution of criminals;ultimately enhancing homeowner value. We believe The City will also benefit by reduced crime requiring police calls and potential evidence for criminal investigations. This proposal was reviewed with our homeowners at the most recent Annual Meeting and it received overwhelming support with no negative comments. Our plan has also been published and distributed to all homeowners. An electrical contractor has been selected and we have contracted with the camera provider after much research.This narrative will provide full details and formally request the Council's approval to proceed as some of the poles will be located on land where The City holds an easement. POLE LOCATIONS The boulevard areas between the sidewalks and streets represent the most desirable placement of the 10 poles upon which the cameras will be mounted.These placement areas were selected to maximize visibility to potential vandals and provide the best camera angle.The exact location of each pole has been staked and approved during a site inspection by Katy Gehler, Public Works and Natural Resources Director. A"Warning"sign will be posed on each pole. A map of The Wilds identifying the location of each pole is attached. All appropriate"locates"will be contacted prior to digging. CAMERA AND POLE SPECIFICS The cameras that will be installed are state of the art and will be fixed (non-rotating)on the vehicles and license plates of those entering the community. They will not survey or face into private property areas. The poles are square shaped- 15'H x 4"W x 0.120"Wall Thickness. The poles will be embedded in concrete at ground level and approximately 14 feet above ground. They are of steel construction with a dark bronze powder coat. The cameras will store data for approximately 14 days. Storage is located directly on each camera itself. Attached you will find a pictures and schematics of the pole and camera. MAINTENANCE The Wilds Homeowners Association takes great pride in maintaining a beautiful community, and the cameras and poles installed would be no different. The poles are rust resistant, but would be treated immediately if they began to weather. Also, if one is hit or begins to lean, we will promptly replace or adjust the pole as necessary. The repairs,replacement and ongoing maintenance of the poles and cameras will be 100%responsibility of The Wilds Homeowners Association. LIABILITY AND INSURANCE Also attached please find a Certificate of Liability Insurance for The Wilds HOA, naming The City of Prior Lake as an Additional Insured.Also, we have reached an agreement in principle to hold The City of Prior Lake harmless for any and all liability caused by The Wilds HOA specific to this project. We are currently awaiting the formal written Agreement that is being drafted by the City Attorney's office for execution. Lou Tesler, The Wilds Board member in charge of this project, will be attending the October 26 City Council meeting to answer any additional questions you may have.Thank you in advance for your favorable review. Sincerely, The Wilds Board of Directors Peter Hennen I Bob Facente I Lou Tesler I David Forbes I Brian Barber PERMIT AGREEMENT FOR PRIVATE USE OF PUBLIC PROPERTY This Permit Agreement for Private Use of Public Property ("Permit Agreement") is made and entered into this day of , 2015, by and between the City of Prior Lake, a Minnesota municipal corporation ("City"), and The Wilds Homeowners Association, a Minnesota nonprofit corporation ("WHA"). RECITALS WHEREAS, WHA is a nonprofit corporation organized for the purpose of governing the residential development commonly known as "The Wilds," located in Prior Lake, Scott County, Minnesota; WHEREAS, the real property comprising The Wilds is described in several subdivision plats on file with the Office of the County Recorder, Scott County, Minnesota, including but not limited to the following: THE WILDS; THE WILDS 4TH ADDITION; THE WILDS 5TH ADDITION; THE WILDS NORTH; THE WILDS RIDGE; THE WILDS RIDGE NORTH; THE WILDS SOUTH; (hereinafter referred to as the"Plats"); WHEREAS, WHA is the fee owner of the following property located in The Wilds: Outlot Q,THE WILDS; Outlot C,THE WILDS 5TH ADDITION; Outlot B,WENSMANN 1ST ADDITION; Outlot H,WENSMANN 4TH ADDITION; (hereinafter referred to as the"WHA Property"); WHEREAS, the Plats dedicate to the public certain rights-of-way that are maintained by the City for the benefit of the public (hereinafter referred to as the"Right-of-Way"); WHEREAS, WHA requests permission from the City to construct poles at ten locations in the Right-of-Way for the purpose of constructing and installing security cameras on the poles (hereinafter referred to as the "Camera Poles"). The proposed locations of the Camera Poles are depicted on Exhibit A attached hereto; WHEREAS,such use of the Right-of-Way is not inconsistent with current use of the Right- of-Way by the City and the public; and 1 WHEREAS, WHA's use of the Right-of-Way may in the future interfere with the City's use of the Right-of-Way and therefore the City retains the right to require WHA to remove its Camera Poles from the Right-of-Way; NOW, THEREFORE, in exchange for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, WHA and the City agree as follows: 1. The recitals set forth above are incorporate herein. 2. Permit. WHA is permitted to install the Camera Poles in the Right-of-Way, at the approximate locations shown on Exhibit A, at WHA's sole expense and risk, and with full knowledge that the City may, upon notice as provided herein, require the Camera Poles to be removed from the Right-of-Way at any future date at WHA's sole expense. The Right-of-Way must be kept open to the public use at all times, and no fence or other obstruction may be placed in the Right-of-Way without the prior written approval of the City,which may be given or withheld in the sole discretion of the City. WHA shall obtain all necessary permits from the City prior to construction of the Camera Poles and shall pay associated permit fees. 3. Ownership and Maintenance of Camera Poles; Modification. WI-IA shall be the owner of the Camera Poles and shall maintain the Camera Poles in good condition at all times, at its sole cost and expense. If WHA fails to do so,the City may terminate this Permit Agreement as set forth below. In the alternative,the City may cause the necessary repairs or maintenance to be done at WHA's cost. If WHA fails to pay the City for such costs, the City may assess the costs against the WHA Property. Once the Camera Poles are installed,WHA shall not make any modifications to the Camera Poles or otherwise modify the Right-of-Way without the prior written approval of the City,which may be given or withheld in the sole discretion of the City. 4. Termination by the City. In the event the City determines that WHA's use of the Right-of-Way interferes with the City's use of the Right-of-Way, as determined in the City's sole discretion, or in the event WHA fails to comply with any requirement of this Permit Agreement within twenty(20)days after receiving a notice from the City requesting such compliance,the City through its City Manager may terminate this Permit Agreement by giving ninety(90)days written notice of termination to WHA by U.S. mail at the following address: 7100 Madison Ave. W., Golden Valley, MN 55425. Such notice may, at the City's option, require WHA to completely remove the Camera Poles from the Right-of-Way at its sole cost and expense within thirty (30) days of said notice and restore the Right-of-Way to its condition prior to installation of the Camera Poles. 5. Termination by WHA. WHA may terminate this Permit Agreement at any time by giving twenty (20) days written notice of termination to the City by U.S. mail at the following address:4646 Dakota St. SE,Prior Lake,MN 55372,Attn:Katy Gehler.Upon termination,WHA shall, at its sole cost and expense, remove all Camera Poles in the Right-of-Way and shall restore the Right-of-Way to its condition prior to installation of the Camera Poles. Termination by WHA 2 shall not relieve WHA of any responsibilities or obligations arising prior to the removal of the Camera Poles and restoration of the Right-of-Way. 6. Removal by City. If after termination of this Permit Agreement WHA fails to remove the Camera Poles as required by Paragraph 4 or 5 of this Agreement,the City may cause the removal to be done and the costs of such work shall be paid by WHA. If WHA fails to pay the City for such costs,the City may assess the costs against the WHA Property. 7. Consent to Special Assessment. WHA hereby acknowledges and consents to the City's right to specially assess the WHA Property for any costs incurred by the City for any repair or maintenance performed pursuant to Paragraph 3 of this Permit Agreement,or any costs incurred by the City to remove WHA's Camera Poles from the Right-of-Way pursuant to Paragraph 6 of this Permit Agreement. WHA waives any right to protest or appeal any special assessment levied pursuant to this Permit Agreement up to an amount of$10,000.00. 8. Future Development. WHA understands and acknowledges that the City may utilize the Right-of-Way at the Camera Pole locations at some future date and in the sole discretion of the City. In the event the City undertakes such development, and if this Permit Agreement is not terminated by the City as provided above, WHA agrees to accommodate the City's use of the Right-of-Way for the purposes stated herein. However, WHA specifically acknowledges that the City has the absolute right to terminate this agreement or otherwise require WHA to discontinue WHA's use of the Right-of-Way. 9. Security Camera Footage; Data Practices. If an incident is reported to the Prior Lake Police Department that may have been recorded on one or more of WHA's security cameras, WHA shall share the relevant security camera footage upon the request of the police department. Security camera footage shall not be considered "government data" governed by the Minnesota Government Data Practices Act unless and until the City collects the footage. 10. Indemnity. Owner shall defend, indemnify, and hold harmless the City and its employees, subcontractors, attorneys, agents, and representatives from and against all claims, damages,losses,costs and expenses,including attorney fees,which may be incurred by or asserted against the City or for which the City may be held liable,which arise out of or result from WHA's use of the Right-of-Way, including but not limited to the maintenance, repair, or removal of the Camera Poles, except liability caused solely by the negligence of the City. In the event that any action is brought against the City for which WHA is obligated to defend and indemnify the City pursuant to this paragraph,the City shall promptly notify WHA in writing and WHA shall assume the defense thereto, including the employment of legal counsel selected by the City in its sole discretion and the payment of all expenses and attorney fees incurred in connection with such defense. 11. Insurance. As long as this Permit Agreement is in existence,WHA shall maintain a general liability insurance policy which provides coverage for the Camera Pole locations for any damage to property of others or injuries to persons. Said insurance policy shall provide coverage on an occurrence basis in an amount no less than One Million Dollars ($1,000,000), and shall include contractual liability coverage to provide coverage for the indemnification provision in 3 Paragraph 10 above. Said policy shall name the City as an additional insured, and shall contain a clause which provides that the insurer will not cancel, non-renew, or materially change the policy without first giving the City ten(10)days prior written notice. WHA shall provide the City with a Certificate of Insurance for said policy which specifically details the conditions of this Paragraph 11. 12. Condition of Property. WHA accepts the Right-of-Way"as is"and the City makes no warranties regarding the conditions of the Right-of-Way or the suitability of the Right-of-Way for WHA's purposes. 13. Utility Poles. If WHA desires to install security cameras on poles located in the Right-of-Way and owned by a third party, including but not limited to a utility company, it shall secure the written permission of the third party to do so. 14. Binding Effect. This Permit Agreement shall run with the land and shall be binding on and inure to the benefit of the parties hereto,their heirs, successors, or assigns. 15. Whole Agreement;Modifications. This Permit Agreement contains all of the terms and conditions relating to the permit granted herein, and replaces any oral agreements or other negotiations between the parties relating to the permit. No modifications to this Permit Agreement shall be valid until they have been placed in writing and signed by all parties hereto. IN WITNESS WHEREOF,the parties have executed this Permit Agreement as of the date first above written. 4 CITY OF PRIOR LAKE THE WILDS HOMEOWNERS ASSOCIATION By: By: Kenneth G. Hedberg,Mayor Its: By: Frank Boyles, City Manager STATE OF MINNESOTA ) )ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2015, by Kenneth G. Hedberg and Frank Boyles, The Mayor and City Manager, respectively of the City of Prior Lake, on behalf of the City of Prior Lake through authority granted by its City Council. 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