HomeMy WebLinkAbout05(L) - Resolution Approving a Public Property Use Permit for the Shepherd of the Lake Lutheran Church Sign Report
ITEM: 5L
CITY COUNCIL AGENDA REPORT
MEETING DATE: September 23, 2025
PREPARED BY: Casey McCabe, Community Development Director
PRESENTED BY: Casey McCabe
AGENDA ITEM: Resolution Approving a Public Property Use Permit for the Shepherd of the
Lake Lutheran Church Sign
RECOMMENDED ACTION:
Approval of a resolution approving a Public Property Use Permit (PPUP) with Shepherd of the
Lake Evangelical Lutheran Church (SOLLC) to allow a permanent sign to be constructed on city-
owned property.
BACKGROUND:
SOLLC owns a small 0.02 acre parcel at the northwest corner of the Shepherds Path/CH42
intersection. The approximate 25 ft. X 38 ft. parcel was platted as Outlot C, Shepherds Path
Addition in 2006. The Shepherds Path PUD plan approved in 2006 identified a monument sign
on Outlot C; however, a sign has not been installed to date.
Current Circumstances
SOLLC applied for and received a building permit to construct a 17 ft. tall digital sign on Outlot C.
Prior to installation, the contractor had a utility locate completed which identified a city water main
constructed diagonally across the parcel. The location of the water main was previously not known
as the city GIS and as-built records indicated the watermain was placed within the Shepherds
Path right-of-way. Due to the location of the water main, it is not possible for SOLLC to construct
a sign on their parcel.
Conclusion
City staff worked with SOLLC to identify an alternative sign location. A location was selected west
of the SOLLC parcel on park property owned by the City of Prior Lake. If approved by the council,
the sign will be placed between the existing walking path and CH42 right-of-way and should not
present any disruptions to the park use.
City staff will work with SOLLC to identify the location of the water main on Outlot C and staff will
prepare a drainage and utility easement to be dedicated to the City of Prior Lake by SOLLC
identifying the location of the water main on the Sign Parcel.
FINANCIAL IMPACT:
No financial impact is anticipated. The City will not be responsible for any costs related to
maintenance, removal or replacement of the sign.
ALTERNATIVES:
1. Motion and second, as part of the consent agenda, approving a resolution approving the
Public Property Use Permit with Shepherd of the Lake Evangelical Lutheran Church
conditioned upon SOLLC dedicating a drainage and utility easement over Outlot C,
Shepherds Path Addition to the City of Prior Lake.
2. Remove this item from the consent agenda for additional discussion.
City of Prior Lake | 4646 Dakota Street SE | Prior Lake MN 55372
Item 5L
Page | 2
ATTACHMENTS:
1. Public Property Use Permit
2. Location Map
3. SOLLC Sign Plan
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 25-_____
RESOLUTION APPROVING A PUBLIC PROPERTY USE PERMIT
FOR THE SHEPHERD OF THE LAKE LUTHERAN CHURCH SIGN
Motion By: Second By:
WHEREAS, Shepherd of the Lake Evangelical Lutheran Church, a Minnesota nonprofit corporation
(“Property Owner”) is owner of the property legally described as Outlot C, Shepherds Path
Addition, Scott County, Minnesota (PID 254520070) (“Sign Parcel”); and
the City of Prior Lake, a Minnesota municipal corporation (“City”) is owner of the property
WHEREAS,
legally described as Park, Shepherds Path Addition, Scott County, Minnesota (PID
254520040) (“Park Parcel”); and
WHEREAS, the Shepherds Path Planned Unit Development Plan plan, approved by the City in
2006, identified a future monument sign on the Sign Parcel; and
Property Owner applied for and received a building permit to construct a 17 foot tall
WHEREAS,
digital sign (“Sign”) on the Sign Parcel; and
prior to installation, Property Owner had a utility locate completed which identified a
WHEREAS,
city water main constructed diagonally across the parcel and due to the location of the
water main, it is not possible for Property Owner to construct a sign on the Sign Parcel;
and
City worked with Property Owner to identify an alternative sign location on the Park
WHEREAS,
Parcel; and
Property Owner has requested permission to use a portion of the Park Parcel to install and
WHEREAS,
maintain their Sign; and
WHEREAS, the City of Prior Lake requires approval and execution of a Public Property Use Permit
prior to construction of the Sign; and
WHEREAS, on September 23, 2025, the Prior Lake City Council reviewed and approved the Public
Property Use Permit due to the location of the city water main under the Sign Parcel.
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. City staff shall prepare a drainage and utility easement to be dedicated to the City of Prior
Lake by Shepherd of the Lake Evangelical Lutheran Church identifying the location of the
water main on the Sign Parcel.
3. The City Council of Prior Lake hereby approves the Public Property Use Permit subject to the
dedication of a drainage and utility easement over the Sign Parcel and the City Manager is
hereby authorized to execute the Public Property Use Permit on behalf of the City following
the easement dedication.
rd
Passed and adopted by the Prior Lake City Council this 23 day of September 2025.
VOTE Briggs Braid Churchill Lake Hellier
Aye
☐ ☐ ☐ ☐ ☐
Nay
☐ ☐ ☐ ☐ ☐
Abstain
☐ ☐ ☐ ☐ ☐
Absent
☐ ☐ ☐ ☐ ☐
______________________________
Jason Wedel, City Manager
C:\\Users\\hsimon\\AppData\\Local\\Temp\\Attach4_Resolution_674550\\Attach4_Resolution.docx 2
PUBLIC PROPERTY USE PERMIT
This Public Property Use Permit (“Permit”) is entered into on this ___ day of _______________, 2025,
by and between the City of Prior Lake, a Minnesota municipal corporation (“City”) and Shepherd of the
Lake Evangelical Lutheran Church, a Minnesota nonprofit corporation (“Property Owner”).
RECITALS
WHEREAS, Property Owner is owner of the property legally described as Outlot C, Shepherds Path
Addition, Scott County, Minnesota (PID 254520070) (“Sign Parcel”); and
WHEREAS, City is owner of the property legally described as Park, Shepherds Path Addition, Scott County,
Minnesota (PID 254520040) (“Park Parcel”); and
WHEREAS, The Shepherds Path Planned Unit Development Plan plan, approved by the City in 2006,
identified a future monument sign on the Sign Parcel; and
WHEREAS, Property Owner applied for and received a building permit to construct a 17 ft. tall digital
sign (“Sign”) on the Sign Parcel; and
WHEREAS, Prior to installation, Property Owner had a utility locate completed which identified a city
water main constructed diagonally across the parcel and due to the location of the water
main, it is not possible for Property Owner to construct a sign on the Sign Parcel; and
WHEREAS, City worked with Property Owner to identify an alternative sign location on the Park
Parcel; and
WHEREAS, Property Owner has requested permission to use a portion of the Park Parcel, as identified on
attached Exhibit A, to install and maintain their Sign; and
WHEREAS, due to the location of the city water main under the Sign Parcel, City is willing to allow
the Sign to be placed on the Park Parcel subject to the terms 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:
1. PUBLIC PROPERTY. Property Owner acknowledges that the Park Parcel is public property owned and
controlled by the City.
2. SIGN PERMITTED. Subject to the terms of this Permit, Property Owner may construct and maintain a
Sign on the portion of the Park Parcel identified on attached Exhibit A, subject to the following
conditions:
3. 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 attorneys' fees, arising from, based on, or
related to this Permit, the Park Parcel, or the Sign.
4. 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 Parcel and
the Sign. 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 Certificate of Insurance that names
the City as an additional insured on the insurance policy.
5. WAIVER OF CLAIMS. Property Owner acknowledges City's ownership of the Park Parcel for the
benefit of the 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 Parcel 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.
6. CONDITION OF PARK PARCEL. Property Owner acknowledges the City has made no representations
or warranties regarding the condition of the Park Parcel or its suitability for the uses permitted by this
Permit.
7. 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 assigns.
8. SIGN MAINTENANCE. Property Owner acknowledges and agrees that all installation,
maintenance and future removal of the Sign shall be the responsibility of Property Owner.
9. ENTIRE AGREEMENT. This Permit contains all the terms and conditions related to the Park Parcel and
Sign and replaces any oral agreements or other negotiations between the parties. No modifications of
this Permit shall be valid until they have been placed in writing and signed by all parties hereto.
10. RECORDING. The City shall cause this Permit to be filed for record within 30 days of its execution
by all parties.
CITY:
Jason Wedel, City Manager
STATE OF MINNESOTA )
) ss
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this ___ day of ________________, 2025, by
Jason Wedel, City Manager of the City of Prior Lake, Minnesota, a municipal corporation on behalf of
the corporation.
NOTARY PUBLIC
PROPERTY OWNER:
By:
Its:
By:
Its:
STATE OF MINNESOTA )
) ss
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this ___ day of ______________, 2025, by
, the , and , the
, respectively of Shepherd of the Lake Evangelical Lutheran Church, a
Minnesota nonprofit corporation, on behalf of the corporation.
NOTARY PUBLIC
DRAFTED BY:
City of Prior Lake
4646 Dakota Street SE
Prior Lake, MN 55372
Exhibit A
Sign location on Park Parcel
Location Map
Shepherd of the Lake Evangelical Luthern Church
Sign Location
612-669-6700 ThinkDigitalSigns.com1612-669-6700 ThinkDigitalSigns.com1
Shepherd of the Lake
3611 North Berens Road NW
Prior Lake, MN 55379
Sign Permit Docs_2
June – 2025
612-669-6700 ThinkDigitalSigns.com2
15ft. 4in.
5x10 Watchfire Electronic Message Center
Cabinets = 5'5" x 10'3" x 8" deep
Two (2) Single-Sided
Internally Illuminated Sign Cabinets
Routed Aluminum / Acrylic Backed
12ft. 3.75in.
2ft. 6in.
8ft. 0in.
2ft. 0in.
2ft. 4in.
0ft. 8.625in.
6x12 Watchfire Electronic Message Center
0ft. 5in.
17ft. 4in.
0ft. 5in.
5ft. 0in.
7ft. 0in.
8ft. 0in.
~2ft. 0in.
8" Sch 40 Pipe
Minnesota Building Code & IBC
Roof Snow Load = 38 PSF
Wind Load = 110 MPH Exp C
Rice Companies Project#SRS25228
1019 Industrial Dr. S, Sauk Rapids, MN
30" dia. concrete pier
w/(10)#4 vert.
f'c=3000 PSI, Air
Entrained
I hereby certify that this plan, specification, or
report was prepared by me or under my direct
supervision and that I am a duly Licensed
Professional Engineer under the laws of the State
of Minnesota.
Print Name: Ryan J. Seavert
Signature:
Date: 06/02/2025 License # 41971
612-669-6700 ThinkDigitalSigns.com3
15ft. 4in.
5x10 Watchfire Electronic Message Center
Cabinets = 5'5" x 10'3" x 8" deep
12ft. 3.75in.
2ft. 6in.
8ft. 0in.
2ft. 4in.
0ft. 5in.
17ft. 4in.
0ft. 5in.
5ft. 0in.
7ft. 0in.
8ft. 0in.
~2ft. 0in.
2ft. 0in.
5x10 Watchfire Electronic Message Center
Cabinets = 5'5" x 10'3" x 8" deep
5x10 Watchfire Electronic Message Center
Cabinets = 5'5" x 10'3" x 8" deep
5x10 Watchfire Electronic Message Center
Cabinets = 5'5" x 10'3" x 8" deep
0ft. 8.625in.
8" Sch 40 Pipe
612-669-6700 ThinkDigitalSigns.com4
15ft. 4in.
5x10 Watchfire Electronic Message Center
Cabinets = 5'5" x 10'3" x 8" deep
12ft. 3.75in.
2ft. 6in.
8ft. 0in.
2ft. 4in.
0ft. 5in.
17ft. 4in.
0ft. 5in.
5ft. 0in.
7ft. 0in.
8ft. 0in.
~2ft. 0in.
2ft. 0in.
5x10 Watchfire Electronic Message Center
Cabinets = 5'5" x 10'3" x 8" deep
5x10 Watchfire Electronic Message Center
Cabinets = 5'5" x 10'3" x 8" deep
5x10 Watchfire Electronic Message Center
Cabinets = 5'5" x 10'3" x 8" deep
9'6" x 12' (114 sf)
Digital Sign: 6 x 12 (72 sf)
0ft. 8.625in.
8" Sch 40 Pipe
612-669-6700 ThinkDigitalSigns.com5
5x10 Watchfire Electronic Message Center
Cabinets = 5'5" x 10'3" x 8" deep
5x10 Watchfire Electronic Message Center
Cabinets = 5'5" x 10'3" x 8" deep
5x10 Watchfire Electronic Message Center
Cabinets = 5'5" x 10'3" x 8" deep
5x10 Watchfire Electronic Message Center
Cabinets = 5'5" x 10'3" x 8" deep
5x10 Watchfire Electronic Message Center
Cabinets = 5'5" x 10'3" x 8" deep
5x10 Watchfire Electronic Message Center
Cabinets = 5'5" x 10'3" x 8" deep
612-669-6700 ThinkDigitalSigns.com6
612-669-6700 ThinkDigitalSigns.com7
Sign Installer