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U 4646 Dakota Street SE
Prior Lake. MN 55372
MEETING DATE:
AGENDA #:
PREPARED BY:
PRESENTED BY:
AGENDA ITEM:
DISCUSSION: lntroduction
CITY COUNCIL AGENOA REPORT
APRTL 10, 2017
JASON WEDEL, INTERIM PUBLIC WORKS DIRECTOR
JASON WEDEL
CONSIDER APPROVAL OF AN AGREEMENT ALLOWNG A PRIVATE
USE ON PUBLIC PROPERTY
The purpose of this agenda report is to consider approval of an agreement
with Shepherd of the Lake Evangelical Lutheran Church for establishment
of community gardens on publicly dedicated park land.
Historv
The Shepherd of the Lake Evangelical Lutheran Church currently has a
community garden located on its property located north of CSAH 42 and
west of McKenna Road. The garden is currently located on Outlot A of
Shepherds Path Addition which was established in 2009 and is currently
vacant. The garden is managed and maintained by the church and is open
to the general public.
A new project is currently being proposed on Outlot A and therefore the
existing community garden needs to be relocated. On October 27, 2016,
John Mehrkens from Presbyterian Homes representing the church
approached the City about relocating the garden onto property located
south of the existing facilities and abutting the west side of Shepherds
Path. There were a number of emails back and forth between the City and
Mr. Mehrkens outlining the requirements for moving the garden all of which
Presbyterian Homes and the church agreed to.
The next step came this spring when the church applied for a grading
permit to begin the construction of the new garden. During the staff review
of the permit it was determined that the proposed garden location was on
property that was dedicated to the City as park land as part of the original
plat. The implications of this had not been previously known or considered
Current Circumstances
The private use of the park property has since been further vetted by staff.
The church has confirmed that the existing garden is open to the public as
would the new garden. The current garden only has two plots being used
by residents of McKenna Crossing. The remainder ofthe plots are used by
the public. Similar use can be expected for the relocated garden.
The church will continue to manage and maintain the garden including
making all of the improvements, adding a small parking lot, and extending
Phone 952.447.9800 I Fui 952.447.4245 I u rvrv.cityofpriorlake.com
9C
FINANCIAL
IMPACT:
ALTERNATIVES:
RECOMMENDED
MOTION:
a water service to the area. No expense will be incurred by the City for the
establishment or the long term management and maintenance of the
relocated garden.
The church understands that by entering into the agreement for private use
on public property the City may require at any time in the future that the
garden be removed and the property restored to its original condition.
Staff supports the requested use of the park land for community garden to
be established and maintained by the church. The City attorney has
drafted a public property use permit to address the use of the park land for
gardens, related regulations, removal, insurance and indemnification
among other matters.
lf the City Council approves the permit, the construction will begin
immediately. The construction of the new garden will require the removal
of approximately 1,200 cubic yards of dirt which exceeds the 400 cubic
yards allowed under the City's existing grading permit and would generally
require a conditional use permit. However, because this situation was
unforeseen by the staff in the fall when this discussion occurred, staff
intends to approve the grading through a minor amendment to the final
PUD plan. A minor amendment to the final PUD plan can be
administratively approved when there are unforeseen circumstances. lf the
grading is part of the final PUD plan, a conditional use permit is not
required. Staff will ensure that the concerns that would generally be
addressed by a conditional use permit (site plan, amount of material, type
of material, timing, routes, etc.) are addressed in the minor PUD
amendment.
Conclusion
Shepherd of the Lake Evangelical Lutheran Church is requesting approval
of the public property use permit for the relocation of its community garden
onto property dedicated to the City as park land. The church is also
requesting administrative approval of a minor amendment to the final PUD
plan to address the required grading. The request is being made with short
notice in order to allow the establishment of the gardens in time for use this
year and due to the very recent realization that the proposed location is on
City park land.
There is no expected financial impact to the City
1. tVlotion and second to approve a public property use permit for
establishment of a community garden on City park land by
Shepherd of the Lake Evangelical Lutheran Church.
2. Motion and second to table action and to provide direction to staff
for more information
3. Deny request
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Alternative #'l
PUBLIC PROPERTY USE PERMIT
This Public Proper-ty Use Permit ("Permit") is entered into on this day of
201L7, by and between the City of Prior Lake, a Minnesota municipal corporation ("City") and
Shepherd ofthe Lake Evangelical Lutheran Church, a Minnesota nonprofit corporation ("Property
Owner").
RECITALS
WHEREAS, Property Owner is owner of the property located at 3611 North Berens Road NW,
Prior Lake, Minnesota (PID No.254520022),legally described as Lot i, Block 2, Shepherds Path
Addition ("Property"); and
WHEREAS, City owns park property adjacent to the Properly ("Park"); and
WHEREAS, Property Owner has requested permission use a portion of the Park, as identifled on
attached Exhibit A, to install and maintain gardens ("Gardens"); and
WHEREAS, Property Owner intends to operate the Gardens as "community gardens" available
by application to members ofthe public ("Users"); and
WHEREAS, due to the location of the Park which is surrounded by Property Owner's
development and due to the public benefit ofthe proposed Gardens, the City is willing to allow
private use of the Park subj ect to the tems and conditions of this Permit.
AGREEMENT
In consideration of the foregoing Recitals, incorporated herein as if fully set forth, and the mutual
covenants herein, the parties agree as follows:
PUBLIC PROPERTY. Property Owner acknowledges that the Park is public property owned
and controlled by the City.
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2. GARDENS PERMITTED. Subject to the terms of this Permit, Properly Owner may establish
and operate Gardens on the portion oithe Park identified on attached Exhibit A, subject to the
following conditions:
a. The Gardens and related infrastructure shall be constructed and maintained as set forth
in the site plan attached as Exhibit B.
b. The Gardens shall be available to Users subject to an application process approved by
the City;
c. The Gardens shall be maintained and operated by Property Owner subject to rules and
regulations approved by the City;
d. In relation to this Permit, the Park, the Users, and the Gardens, Property Owner shall
not discriminate against any person because of race, color, creed, religion, national
origin, sex, marital status, status with regard to public assistance, disability, sexual
orientation or age; and
e. Property Owner shall comply, and shall ensure that all Users comply, with all federal,
state and local laws, rules and regulations and shall ensure that the use ofthe Park does
not create a public nuisance.
3. PUBLIC USE OF PARK. Subject to the terms of this Permit, Property Owner may close off
the portion of the Park identified on attached Exhibit A for the Gardens. All other areas of
the Park shall remain open to the public.
4. INDEMNITY. The Property Owner shall indemnify, defend and hold the City and its
employees, contractors, agents, representatives, elected and appointed officials, and attorneys
harmless from any and all claims, damages, losses, costs and expenses, including attomeys'
fees, arising tiom, based on, or related to this Permit, the Park, the Users and/or the Gardens.
INSURANCE. Property Owner shall maintain a general liability insurance policy which
provides coverage for damage to personal property and injury to persons related to this Permit,
the Park, the Users and the Gardens. Said policy shall contain a clause which provides that
the company that issues the policy shall not cancel, non-renew, or materially change the policy
without first providing the City thirty (30) days prior written notice. The Property Owner shall
provide the City with a Ce(ificate of Insurance that names the City as an additional insured
on the insurance policy.
6. WAIVER OF CLAIMS. Property Owner acknowledges City's ownership of the Park for the
benefit olthe public and knowingly and voluntarily waives and releases any and all claims
against the City arising from, based on, or related to the use of the Park as permitted by this
Permit. Property Owner acknowledges that it was advised that this is a legal document and
that Property Owner should seek legal counsel in connection with this Permit and that Property
Owner has read and understood the terms of this Permit.
7. CONDITION OF PARK. Property Owner acknowledges the City has made no representations
or warranties regarding the condition ofthe Park or its suitability for the uses permitted by
this Permit.
8. BINDING EFFECT. Except as hereinafter provided, this Permit shall run with the land and
bind and inure to the benefit of the parties hereto and their respective heirs. successors and
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asslgns.
9. MAINTENANCE. Property Owner acknowledges the City is not obligated to provide any
maintenance for the Park and Property Owner further agrees that all maintenance of the
Gardens shall be the responsibility olProperty Owner.
10. TERMINATION. This Permit may be terminated by the City with written notice delivered
to the Property Owner at the addresses written above. If the City terminates this Permit, the
Property Owner shall immediately cease all use of the Park and inform all Users of the
termination and the required cessation. The City may terminate this Permit, if in the opinion
of the Zoning Administrator, the Property Owner breaches any term of this Permit, the use
identified herein is no longer the appropriate or best use for the Park, the Park or Gardens
become or appear unkempt, a public nuisance exits, or for any other reason at the Zoning
Administrator's sole discretion.
I 1. RESTORATION. Upon termination of this Agreement for any reason, Property Owner shall,
within 30 days ofsuch termination, restore the Park to its condition prior to the establishment
ofthe Gardens or as otherwise agreed upon by the parties.
12. ENTIRE AGREEMENT. This Permit contains all the terms and conditions related to the Park
and the Gardens and replaces any oral agreements or other negotiations between the parties.
No modifications olthis Permit shall be valid until they have been placed in writing and signed
by all parties hereto.
13. RECORDING. The Property Owner shall cause this Permit to be filed for record within 30
days of its execution by all parties. Evidence of filing shall be provided to the City within 30
days thereafter.
CITY:
Frank Boyles, City Manager
STATE OF MINNESOTA
COUNTY OF SCOTT
The foregoing instrument was acknowledged before me this _ day of
2017, by Frank Boyles, City Manager of the City of Prior Lake, Minnesota, a municipal
corporation on behalf of the corporation.
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NOTARY PUBLIC
PROPERTY OWNER:
By:
Its:
By:
Its:
STATE OF MINNESOTA
COLINTY OF SCOTT
The foregoing instrument was acknowledged before me this _ day of _,
2017. by and . the and
respectively of Shepherd of the Lake Evangelical Lutheran Church, a
Minnesota nonprofit corporation. on behalf of the corporation.
NO'I'AITY PLJBI-IC
DRAFTED BY:
Gregerson, Rosow, Johnson & Nilan, LTD
100 Washington Ave S, Suite 1550
Minneapolis, MN 55401
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Exhibit A
See attached drawing of Park
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Exhibit B
See attached Site Plan
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