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HomeMy WebLinkAbout5I - Permit Agreement for the 2009 Farmer's Market AGENDA ITEM: DISCUSSION: CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO A PERMIT AGREEMENT FOR THE 2009 FARMER'S MARKET. Introduction The purpose of this agenda item is to consider the terms and conditions of a permit agreement for operation of the 2009 Farmer's Market. Historv The Farmer's Market is now approaching its fifth season of operation in Downtown Prior Lake. In 2004, the first Farmer's Market was proposed by Karla Haugen and operated on Pleasant Street between Main Avenue and Highway 13. Since that time the Market has grown in size and in its popularity with Prior Lake residents. As the Market on Pleasant Street grew, it began to impose some hardships on surrounding businesses related to parking and access. The businesses and City attempted a number of different scenarios - from signage to a parking monitor- to address the businesses' concerns, but ultimately determined that the Pleasant Avenue location could no longer work effectively for operation of the Market. As a result, last year the Market relocated to Main Avenue between Hastings Avenue and Dakota Street. With a few exceptions, the business community in this area has been very supportive of the Farmer's Market location. The use is complimentary to most of the existing businesses, and the Market continues to grow and bring both local and regional exposure to our Downtown area. Current Circumstances Karla Haugen has requested to operate the Farmer's Market on Main Avenue again this year. The hours of operation are 8am-Noon each Saturday, May 9th through the end of October (weather permitting). Last year's relocation gave the City an opportunity to work through many of the logistics for this event. The attached Permit Agreement is reflective of the City's contributions and the responsibilities of Ms. Haugen for 2009. 2030 Vision & Strateaic Plan The Farmer's Market is directly related to the 2030 Vision & Strategic Plan, which states in part The downtown and adjacent Lakefront Park are unique community focal points and destination attractions that contribute to the City's identity and offer opportunities for recreation, employment, housing, shopping and dining. The Farmer's Market is a destination attraction on Saturday mornings for many from outside our Prior Lake community, and is also a gathering place for many locals. The additional activjtv .in the nowntown area promotes our Downtown www.cnyorpnorraKe.com 2cf~t;!O~~a~#lr.:t~QRi Ab~e~.~~l1\tlt:~6i5dOo businesses and fosters a sense of community for residents which preserves the small-town feel of Prior Lake. Conclusion Ms. Haugen has signed the proposed Permit Agreement. The Council should consider if its terms and conditions are appropriate based upon the City's obligations, costs and community benefit. ISSUES: Adiacent Businesses - Karla Haugen and I will visit each of the businesses prior to the opening of the Market to talk about any of their concerns and give them information on the Market's hours and start date. The large majority of businesses in the area are excited to have the Farmer's Market on Main Avenue, and very supportive of the City's efforts. However, since Main Avenue is closed to traffic and parking on Saturday mornings from 5am to 1 pm, there were three businesses that expressed concerns last year. We attempted to address each of their concerns as follows: · Carquest raised concerns about the convenience for its customers to park. To address this issue we will sign two parking spaces right next to the Carquest building along Dakota Street as reserved for Carquest customers only. · Flink Gas Station expressed concerns about access to its store. We are keeping open accesses via Hastings Avenue and Dakota Street. There is no impact to his access from Highway 13. · Gas & Grocery raised concerns about too much pedestrian traffic using the restroom. The City will provide a portable toilet for the Farmer's Market. We have also advised the Farmer's Market vendors that there are public restrooms available at the Library. Insurance - The Permit Agreement provides that the Ms. Haugen must indemnify the City, but it does not require Ms. Haugen to obtain liability insurance. The City Attorney asks me to discuss with LMCIT the City's exposure and how other cities were addressing similar circumstances. Any claim naming the City would be covered through LMCIT. From a pure liability standpoint, it would make sense to require insurance of either the operator of the Farmer's Market or the individual vendors. Many cities, however, do not require insurance for various types of events because it can create a hardship for the applicant. The City Attorney and LMCIT agree that a Farmer's Market has low overall risk and very little financial exposure for the City. In this case, both agree that it seems logical that the City may choose not to require insurance. This is, however, a business decision for the Council. The Permit Agreement proposed does not require insurance. FINANCIAL IMPACT: Last year, the City spent quite a lot of maintenance staff time each Saturday in support of the Farmer's Market. This year we have attempted to mitigate any staff time on the weekends for this purpose and have instead required Ms. Haugen to assume more responsibility for set up I clean up. While this approach will require some upfront costs by the City (mostly for signage and to construct a storage enclosure), in the long, run the City will minimize its weekend staff costs while still supporting the Farmer's Market. There is no revenue generated for the City from support of this community event. F\\Council\2009 Agenda Reports\04 20 09\2009 Fanner's Market Agreement AGENDA. doc ALTERNATIVES: 1. Motion and second to adopt a resolution authorizing the Mayor and City Manager to enter into a Permit Agreement for the 2009 Farmer's Market as part of the Consent Agenda. 2. Remove this item from the Consent Agenda for additional discussion, and provide staff with direction. RECOMMENDED Alternative #1 - Motion and second to adopt the resolution as part of the Consent MOTION: Agenda. Re;J !jj,,-_ Frrk Boyles, CitY Manager R\Council\2009 Agenda Reports\04 20 09\2009 Fanner's Markel Agreement ,A,GENDA doc 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 RESOLUTION 09-xxx A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO A PERMIT AGREEMENT FOR OPERTAION OF THE 2009 FARMER'S MARKET. Motion By: Second By: WHEREAS, the City Council desires to encourage and promote entrepreneurial activities that have a positive impact on the Downtown Business District; and WHEREAS, the operation of a Farmer's Market in downtown Prior lake is consistent with the City's 2030 Vision and Strategic Plan in supporting business, promoting Downtown as a community destination, and fostering a sense of community identity; and WHEREAS, the operation of the Farmer's Market requires the use of a public street and the closure of Main Avenue to vehicular; and WHEREAS, the City desires to clearly specify the responsibilities of the parties and the terms under which the Farmer's Market will be permitted to operate at the site. 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 Mayor and City Manager are hereby authorized to enter into the Permit Agreement for the temporary use of the public right of way for the 2009 Farmer's Market. PASSED AND ADOPTED THIS 20th DAY OF APRil, 2009. YES NO Hau~en Erickson Hedberg leMair Millar Haugen Erickson Hedberg leMair Millar Frank Boyles, City Manager www.cityofpriorlake.com r~_\"JUU~ a.::: VULl:1 h~jt:;iUcl t\~;pun.'S \\..14 U~j\L.I.}U'j S IVf;::lrKeI t\L~;:::}~).UlJt,j Phone 952.447.9800 / Fax 952.447.4245 PERMIT FOR THE TEMPORARY USE OF PUBLIC RIGHT OF WAY This Permit Agreement is entered into this day of April, 2009 by and between KARLA HAUGEN (hereinafter referred to as "Operata"), and the CITY OF PRIOR LAKE, a Minnesota municipal corporation (hereinafter referred to as "City'). Whereas, Whereas, Whereas, Whereas, Whereas, Whereas, RECITALS the City Council desires to encourage and promote entrepreneurial activities that have a positive impact on the Downtown Business District; and the concept of a Farmer's Market in downtown Prior Lake is consistent with the City's 2030 Vision and Strategic Plan for revitalizing the Downtown Business District and promoting a small-town community feel; and Operator has operated a Farmer's Market in downtown Prior Lake since 2004; and the location for the Farmer's Market is in the area of Main Avenue between Hastings and Dakota Streets, as depicted in attached Exhibit A; and when the Farmer's Market is open it is necessary for the City to close a portibnofMain Avenue to vehicular traffic; and the City desires to clearly specify the responsibilities of the parties hereto and the terms under which the Operator will be permitted to operate the Farmer's Market at the site identified herein. NOW THEREFORE, the parties agree as follows: 1. The recitals set forth above are incorporated herein as if fully set forth. 2. Location: The Operator will limit the location of the Farmer's Market to the area depicted in Exhibit A. 3. Hours of Operation: The Farmer's Market may operate only between the hours of 8am and 12pm on Saturdays between the months of May through October. Vendors may begin setting up for the Farmer's Market on Saturday mornings at 6am and must be packed up and have vacated the site and re-opened Main Avenue by 1 pm on Saturday afternoon. 4. City ResDonsibilities: In order to facilitate the use of this site, and to help the Farmer's Market be successful, the City will provide the following: · Posting of "No Parking" signs along Main Avenue as appropriate to assure that the area is clear of all vehicles by Sam on Saturday mornings, May through October. If unauthorized vehicles are located in the Farmer's Market area, the Operator shall call Scott County Dispatch at 952.445.1411 and the Police Department will facilitate the removal of the vehicles. · The City shall provide six exterior electrical outlets located on the north side of the City building depicted on Exhibit A. · The City shall provide barricades (to be placed and removed by Operator) to close a portion of Main Avenue to vehicular traffic during the Farmer's Market hours of operation. · The City shall provide and pay for the costs of a portable toilet. · The City shall provide a permanent storage enclosure for the storage of Farmer's Market equipment, the location of which is set out on Exhibit A. · The City shall utilize its electronic message board, when available, during the hours of the Farmer's Market to identify the Farmer's Market location on Main Street. The electronic message board shall be placed along the intersection of Hwy 13 and County Road 21. · The City will assist in promoting the Farmer's Market via its web site, e-news, the Wavelength, and PLTV-15. 5. ODerator ResDonsibilities: In its operation of the weekly Farmer's Market, and in consideration for the use of public property and the services provided by the City, the Operator is responsible for the following: · Posting City-provided barricades on Main Avenue at Hastings Avenue and at Dakota Street as depicted on Exhibit A to block traffic from the designated Farmer's Market area prior to the opening of the market for the day. At the conclusion of each Saturday market, the Operator shall also be responsible for removing and retuming the barricades to the storage enclosure. · The Operator must police the site for litter and other debris and leave the site in a clean manner after each use. Refuse must be removed from the site by the Operator or vendors. Refuse containers or dumpsters owned by any local business orthe City may not be used by vendors. · The Operator may store its equipment in the storage enclosure, and shall be responsible for set up . and return of all signs, barricades, tables/chairs and any other equipment to the storage enclosure at the conclusion of each Saturday market. No Parking signs shall be stored near the door inside the storage unit for easy access. The Operator shall also assure that the storage enclosure is properly -secured: ." 6. Indemnification: Operator 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's 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 the operation of the Farmer's Market at the site, except liability caused solely by the negligence of the City. 7. Revocation of Permit. The City reserves the right to terminate this Agreement at any time and at the sole discretion of the City Manager. The Operator waives any rights it may have in law or in equity for recourse against the City in the event the City withdraws its permission for the Farmer's Market to operate at the site. Further, the City shall bear no responsibility, in any form or manner, to relocate or assist the Operator in relocating the Farmer's Market. Failure to abide by any of the conditions set forth in this Permit may result in revocation of this permit by the City. If the City withdraws its permission to allow the Farmer's Market to operate at the site, the City will provide the Operator fourteen (14) calendar days notice. IN WITNESS WHERE, this Permit has been executed as of the date first written above. .~ Karla Haugen CITY: Jack Haugen, Mayor Frank Boyles, City Manager 2 ~^''lII'- .r:~' t .r-i.. . ~. " ... :}~~'j~;~,~;:", } ~'b"".'''':'' ~ .l"( UA"Ot..<' :. . "; '""'" ~ S.,,' ~ -'. .-:~. II! II ~::.':, wi i c '" '-', "", ~ . , , .. '. ,l HAS]". t"" .;0..:'..:.... : . 1NGS " ..._-. : . . ~II ". ~- '\ ~:(~ .. 'f ....' :-\;" \.'........ ,.L..i' ;- .., ...~~, i . ';~'~.I"',_, Ii ....::. -J;' ~ StOf'~<' &<.( 0$<,\('<'