R2023-120 Resolution Authorizing the City Manager to Negotiate Terms and Execute an Agreement Between the City of Decatur and Good Samaritan Inn for an Urban Ag Project

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Recommendations: A. Land Disposition Consider Creating a Land Trust. Chicago's land trust is called"NeighborSpace,"a non-profit land trust organization that takes on the role of empty-lot landowner.NeighborSpace holds the land in trust for Chicago and has the capacity take on the day-to-day activities of owning land such as paying taxes and providing insurance. NeighborSpace then takes on the role of partner with community-based organizations to program and manage the land parcels in the trust. Decatur should assess what budgetary inputs it spends on maintaining,preventing decay and determine if diverting those funds to a non-profit trust organization could beneficial. Advantages of the Land Trust: 1. This model turns the land use into a long-term, very low cost lease and allows the partnered programming organization(like Good Samaritan)to focus on growing and programming without the need to handle the responsibilities associated with owning land (paying taxes and maintaining insurance) while the city retains the deed to the property through the trust. 2. This may also help prevent having to pay inflated prices when an acquisition owner finds out the city wants to buy a parcel. 3. Under Chicago's policy regulations, when a tax escheat occurs, the property reverts to the trust. 4. The trust can also acquire properties through a third-party designee. 5. This model also can allow the city to give notice and redirect use if the need arises. Disadvantages of the land trust: 1. Increases the process cost of running the programs. 2. Close contact with the non-profit trust needs to be maintained to make sure the city's goals and needs,which may evolve over time, are still guiding the goals of the non- profit trust. 3. The non-profit, as acting owner will also be responsible for maintaining properties, which aren't engaged in alternate use,thus, parameters will need to be set for preventing and reducing decay with a level of accountability. 4. The city will also need to set parameters for the trust's level of discretion in leasing out the properties and seeking development opportunities. B. Defined elements: Utilizing Chicago's definitions,the city may choose to distinguish between community gardens and urban farming. Though there are several differences, the primary difference is the purpose of the garden. Where food production is primarily for public sale,certain additional safety measures should be put in place to protect the health and well-being of the public. Full definitions are footnoted below.I The advantage of distinguishing between urban gardens and urban farms: 1. Minimizes the regulation structure needed for community gardens. 2. Protects the safety of the consumer who purchases from the urban farm. 3. Minimizes the impact of the urban farm by blending it into the surrounding neighborhood.