HomeMy WebLinkAbout5I Wilds Camera Agreement Report
Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com
4646 Dakota Street SE
Prior Lake, MN 55372
CITY COUNCIL AGENDA REPORT
MEETING DATE: SEPTEMBER 17, 2018
AGENDA #: 5I
PREPARED BY: CASEY MCCABE, COMMUNITY DEVELOPMENT DIRECTOR
PRESENTED BY: CASEY MCCABE
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
GOAL AREA AND
OBJECTIVE:
Public Safety
2. Enhance partnerships with community and public safety entities.
DISCUSSION: Introduction
The purpose of this agenda item is to renew an agreement for Private Use of Public
Property (PUPP) between the Wilds Homeowners Association (WHA) and the City
of Prior Lake.
History
The WHA and the City of Prior Lake entered into a PUPP agreement in 2015 which
allowed the WHA to install poles for security cameras at ten locations in the right-
of-way. The WHA had indicated that vandalism and theft have increased within the
Wilds community in recent years. The installation of cameras was proposed to deter
vandals and enhance security of the neighborhood.
The City Council approved the PUPP in November 2015. The agreement was for
an initial term of three-years, expiring on December 31, 2018. The agreement did
provide for successive three-year renewals of the permit at the sole discretion of the
City.
Current Circumstances
The attached agreement includes the same terms as the original 2015 agreement;
however, the three-year renewal language has been removed. Staff feels the
requirement to renew the agreement every three years is not necessary because
the agreement includes termination language which would allow the City to
terminate the agreement in the event the City determines the WHA’s use of the right -
of-way interferes with the City’s use of the right-of-way or in the event WHA fails to
comply with any requirements of the agreement within twenty days after receiving
notice. This agreement protects the City’s interest and holds the City harmless if
damage to the poles or cameras would occur at any time.
ISSUES: The requirement to renew the PUPP agreement every three years has been
removed. The agreement will allow the WHA to maintain their poles and security
cameras within public property while protecting the City’s interests. The location of
the camera poles does not interfere with any drainage or utility issues. The WHA
will continue to be responsible for the maintenance and operation of the
cameras/poles.
FINANCIAL
IMPACT:
There is no financial impact as a result of this agreement.
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 remove this item from the consent agenda for additional
discussion.
RECOMMENDED
MOTION:
ATTACHMENTS:
Alternative #1
1. Permit Agreement for Private Use of Public Property
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 18-___
A RESOLUTION APPROVING A PRIVATE USE OF PUBLIC PROPERTY AGREEMENT BETWEEN THE
WILDS HOMEOWNERS ASSOCIATION AND THE CITY OF PRIOR LAKE
Motion By: Second By:
WHEREAS, The City of Prior Lake is the owner/maintainer of the public right of way within the Wilds
Community; and
WHEREAS, The Wilds Homeowners Association would like to install security cameras within the right-of-
way to enhance security and deter vandalism; and
WHEREAS, The Wilds Homeowners Association is requesting approval of a Permit Agreement for Private
Use of Public Property to allow for the installation of security cameras within the public right-of-
way; and
WHEREAS, The Prior Lake City Council reviewed this agreement on September 17, 2018.
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 the 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 by the Prior Lake City Coun cil this 17th day of September 2018.
VOTE Briggs McGuire Thompson Braid Burkart
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
______________________________
Frank Boyles, City Manager
1
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 ______________, 2018, 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
2
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. WHA 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
3
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. The security camera footage and any
data derived from it (for example, but not limited to license plate recognition data or facial
recognition data) shall be used only for the purpose of crime prevention and investigation. The
security camera footage and any data derived from it shall not otherwise be supplied to third
parties, made public, or used for any other purpose. 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.
4
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
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.
5
CITY OF PRIOR LAKE THE WILDS HOMEOWNERS
ASSOCIATION
By:___________________________ By:_________________________________
Kirt Briggs, Mayor
Its: _________________________________
By:___________________________
Frank Boyles, City Manager
STATE OF MINNESOTA )
)ss
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this ___ day of ____________,
2018, by Kirt Briggs 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.
____________________________
Notary Public
STATE OF MINNESOTA )
)ss
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this ____ day of ____________,
2018, by ___________________, the _____________________ of The Wilds Homeowners
Association, on behalf of the nonprofit corporation.
___________________________
Notary Public
6
Exhibit A
(Camera Pole Locations)
DAKOTA
H
PKWYNWF O UNTAIN H IL LS
DRNEJEFFERSPASSNWL O R D S S T N E
CARRIAGE HI L L S P K W Y N EWILDSPATHNW
W IL D S LN NW
W O O D DUCKTRLNW
BROUGHAMBLVDNE
STON
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CREST
PA
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WI
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P
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DAKO
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ATRLNW CARRIAGELNNEF
O
UNTAIN
HILLS
DR NW
ORION RD NWCRANECTNWCHERRYCTNEWI
L
DS
VIEWNW
JEFF
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RSPASS NW
MAJESTICLNNWBLACKOAKRDNE154 STN
EDAKOTA
TRAIL SOU T H
SIOUX
TR L N W PINEVIE W
DR N W
DAKOTAH
PKWY NW
F L A N D R E AU
T R L N W MANITOURDN ECREDITUNION
DR NW JE F F E R S P KWYNWWOO D DUCK DR
N
WFOX TAIL T RL
NWBOBCATTRLNW
P
OINTE PA S S N
WENCLAVECTNWTROTTERSTRLNEDAKOTATRAILNORTHCANTERLNNEPARKSIDECTNWBROOKMER
EBLVDNW
M Y S T I C LAKEBLVDNW456721
456782
456783
456742
JeffersWildlifePond
LowerPrior Lake
MysticLake
HaasLake
JeffersFishPond
JeffersPond
01
02
03
04 05
06
07 08
09
10
This drawing is neither a legally recorded map nor a survey and
is not intended to be used as one. This drawing is a compilation
of records, information and data from various city, county and
state offices and other sources. This document should be used
for reference only. No representation is made that features
presented accurately reflect true location. The City of Prior
Lake, or any other entity from which data was obtained,
assumes no liability for any errors or omissions herein. If
discrepancies are found, please contact the City of Prior Lake.
0 0.125 0.25
Miles
City of Prior Lake²Minnesota
2016
Exhibit A
ProposedCameraLocations
Last Updated October 2015
City of Prior Lake GIS
!
3344
33563332
15405 15401
15356 15368 15380 15392
3363335133393327
3368
15371
15373
15375
15377
1538315385
15387
15389
15329
15325
15398
15340
15342
15344
15346
15352
15354153561535815362153641536615368
W I L D H O R S E P A S S N W WILDSPKWYNWWILDSPKWYNW456782 This drawing is neither a legally recorded map nor a survey and
is not intended to be used as one. This drawing is a compilation
of records, information and data from various city, county and
state offices and other sources. This document should be used
for reference only. No representation is made that features
presented accurately reflect true location. The City of Prior
Lake, or any other entity from which data was obtained,
assumes no liability for any errors or omissions herein. If
discrepancies are found, please contact the City of Prior Lake.
City of Prior Lake²Minnesota
2016
ProposedCameraLocations
Last Updated October 2015
City of Prior Lake GIS
!Cameras1
!
15263 15265 15267 15269
15271
3317
3329
3341
3353
15311
3356
15306
15310
1531415335
15323
3314 3326
3401
3413 3425
3437
15317
15313
15307
3410
3434
3446
15398
15320 BIGHORNPASSNWWIL
D
S
P
K
W
Y
N
WThis drawing is neither a legally recorded map nor a survey and
is not intended to be used as one. This drawing is a compilation
of records, information and data from various city, county and
state offices and other sources. This document should be used
for reference only. No representation is made that features
presented accurately reflect true location. The City of Prior
Lake, or any other entity from which data was obtained,
assumes no liability for any errors or omissions herein. If
discrepancies are found, please contact the City of Prior Lake.
City of Prior Lake²Minnesota
2016
ProposedCameraLocations
Last Updated October 2015
City of Prior Lake GIS
!Cameras2
!
15449
15442
2811
15455
15439
3110
3118
2826
2834
2842
28502858
15437
15450
2833 15402
1541815434
3098
3101
2790
W O O D D U C K T R L N WBLACK BEAR CIR NWG
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BOBCATTRLNW456782
This drawing is neither a legally recorded map nor a survey and
is not intended to be used as one. This drawing is a compilation
of records, information and data from various city, county and
state offices and other sources. This document should be used
for reference only. No representation is made that features
presented accurately reflect true location. The City of Prior
Lake, or any other entity from which data was obtained,
assumes no liability for any errors or omissions herein. If
discrepancies are found, please contact the City of Prior Lake.
City of Prior Lake²Minnesota
2016
ProposedCameraLocations
Last Updated October 2015
City of Prior Lake GIS
!Cameras3
!
!
2552
2475
2461
2453
2418
14430
14356 14347143541434514352
MysticLake
S T O N ECRES T PATHNW
W ILDSPKWYNW456783
This drawing is neither a legally recorded map nor a survey and
is not intended to be used as one. This drawing is a compilation
of records, information and data from various city, county and
state offices and other sources. This document should be used
for reference only. No representation is made that features
presented accurately reflect true location. The City of Prior
Lake, or any other entity from which data was obtained,
assumes no liability for any errors or omissions herein. If
discrepancies are found, please contact the City of Prior Lake.
City of Prior Lake²Minnesota
2016
ProposedCameraLocations
Last Updated October 2015
City of Prior Lake GIS
!Cameras4
!
!
2552
14430
14356
14347
14345
14343
14341
2526
2524
2522
2520
2571
2573
2575 14260257714258
2589 14240
MysticLake
WILDSDRNW
WILDSPKW YNW
This drawing is neither a legally recorded map nor a survey and
is not intended to be used as one. This drawing is a compilation
of records, information and data from various city, county and
state offices and other sources. This document should be used
for reference only. No representation is made that features
presented accurately reflect true location. The City of Prior
Lake, or any other entity from which data was obtained,
assumes no liability for any errors or omissions herein. If
discrepancies are found, please contact the City of Prior Lake.
City of Prior Lake²Minnesota
2016
ProposedCameraLocations
Last Updated October 2015
City of Prior Lake GIS
!Cameras5
!
2552
270926952677
14171
14195
14213 14210
14190
14176
26612645
14210
14178
142462591142442593
2595 14236
2597 14234
142322601142302603
2605 14226
2607 14224
14222
2589
14220
2633
2620
2622
14199
14187 14197
14185 14195
14183 14193
14181 1419114179
14189
14081
14190
14160
14240WILDS DR NWCOUGARPATH NW BADGER CIR NWThis drawing is neither a legally recorded map nor a survey and
is not intended to be used as one. This drawing is a compilation
of records, information and data from various city, county and
state offices and other sources. This document should be used
for reference only. No representation is made that features
presented accurately reflect true location. The City of Prior
Lake, or any other entity from which data was obtained,
assumes no liability for any errors or omissions herein. If
discrepancies are found, please contact the City of Prior Lake.
City of Prior Lake²Minnesota
2016
ProposedCameraLocations
Last Updated October 2015
City of Prior Lake GIS
!Cameras6
!
2921
2925
14035
2911
2907
14120
14098
2898
2930
2918
2906
1408214082
14077
14070
14058
2917
14027
COUGA
R
PATH
N
W
W I L D S PATH NW
This drawing is neither a legally recorded map nor a survey and
is not intended to be used as one. This drawing is a compilation
of records, information and data from various city, county and
state offices and other sources. This document should be used
for reference only. No representation is made that features
presented accurately reflect true location. The City of Prior
Lake, or any other entity from which data was obtained,
assumes no liability for any errors or omissions herein. If
discrepancies are found, please contact the City of Prior Lake.
City of Prior Lake²Minnesota
2016
ProposedCameraLocations
Last Updated October 2015
City of Prior Lake GIS
!Cameras7
!
14094
14089
14078
14061
14064
14047
14029
3729
13900
140 ST NWMCKENNARDNWMCKENNARDNW456742
This drawing is neither a legally recorded map nor a survey and
is not intended to be used as one. This drawing is a compilation
of records, information and data from various city, county and
state offices and other sources. This document should be used
for reference only. No representation is made that features
presented accurately reflect true location. The City of Prior
Lake, or any other entity from which data was obtained,
assumes no liability for any errors or omissions herein. If
discrepancies are found, please contact the City of Prior Lake.
City of Prior Lake²Minnesota
2016
ProposedCameraLocations
Last Updated October 2015
City of Prior Lake GIS
!Cameras8
!
14290
3326
14321
3310
14350
14336
3429
14314
1427114268
3315
14282
14254 14249
3461
14232 14237 3470
14339
3447
3565
3447
3444 3468 3482
14300
14302
14304
14306
14308
14310
14320
14322
14299
JEFFERS PKWY NWMCKENNARDNW
MCKENNARDNWThis drawing is neither a legally recorded map nor a survey and
is not intended to be used as one. This drawing is a compilation
of records, information and data from various city, county and
state offices and other sources. This document should be used
for reference only. No representation is made that features
presented accurately reflect true location. The City of Prior
Lake, or any other entity from which data was obtained,
assumes no liability for any errors or omissions herein. If
discrepancies are found, please contact the City of Prior Lake.
City of Prior Lake²Minnesota
2016
ProposedCameraLocations
Last Updated October 2015
City of Prior Lake GIS
!Cameras9
!
3437
3429
3513
3552
3536
3531
3514
3462
3448
3499
3483
3467
3496
3455
3478
3555
3560
3575
3563
3565
WILDSRIDGENW
This drawing is neither a legally recorded map nor a survey and
is not intended to be used as one. This drawing is a compilation
of records, information and data from various city, county and
state offices and other sources. This document should be used
for reference only. No representation is made that features
presented accurately reflect true location. The City of Prior
Lake, or any other entity from which data was obtained,
assumes no liability for any errors or omissions herein. If
discrepancies are found, please contact the City of Prior Lake.
City of Prior Lake²Minnesota
2016
ProposedCameraLocations
Last Updated October 2015
City of Prior Lake GIS
!Cameras10