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Home My WebLink About5K - Permit Agreement for 2009 Roll-In MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: ISSUES: 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 CITY COUNCIL AGENDA REPORT May 18, 2009 ~ :~ank Boyles, City ManagI>x. ~ CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO A PERMIT AGREEMENT FOR THE 2009 ROLL IN. Introduction The purpose of this agenda item is to request City Council approval of a permit for the operation of the classic car Rollin on Friday nights May through October. Historv Members of the Riverbend Chapter of the Antique Automobile Club of America have conducted a "roll in" automobile show on Main Avenue for some years now. Current Circumstances To date, the Rollins have been conducted without the benefit of a permit. Since the event utilizes City right-of-way and entails obligations to the City and to the Club there is a benefit in issuing a permit which sets forth those responsibilities. The permit proposed is very similar to that entered into by the operator of the farmer's market. Conclusion The City Council should determine if it desires to approve the resolution authorizing issuance of the permit. The City has worked to facilitate this event and the farmer's market by: 1. Supplying portable restrooms; 2. Supplying an outdoor storage area for supplies needed for the events, and 3. Making six electrical receptacles available for use by participants in the events 4. Erecting No Parking signs 24 hours in advance of each event to clear parking from the street. Both events bring people downtown to socialize and shop. This is consistent with the City's 2030 Vision and Strategic Plan. The permits also include indemnification provisions limiting the City's liability to exposure. In the case of the Rollin, they have also provided a copy of their insurance policy. Finally, the permit does allow amplified music in conjunction with the event without necessitating an outdoor concert permit. www.cityofpriorlake.com Phone 952.447.9800 / Fax 952.447.4245 FINANCIAL The primary impact is staff time. IMPACT: ALTERNATIVES: 1. Adopt the resolution approving execution of the permit. 2. Take no action. RECOMMENDED Alternative #1. MOTION: 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 OPERATION OF THE 2009 PRIOR LAKE ROLL IN. 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 Rollin 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 Rollin requires the use of a public street and the closure of Main Avenue to vehicular traffic; and WHEREAS, The City desires to clearly specify the responsibilities of the parties and the terms under which the Rollin 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 Prior Lake Rollin. PASSED AND ADOPTED THIS 18th DAY OF MAY, 2009. YES NO Haugen Erickson Hedberg I LeMair I Millar Haugen Erickson Hedber9 LeMair Millar Frank Boyles, City Manager www.cityofpriorlake.com Phone 952.447.9800 / Fax 952.447.4245 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 PERMIT FOR THE TEMPORARY USE OF PUBLIC RIGHT OF WAY This Permit Agreement is entered into this _18th_ day of May, 2009 by and between RIVERBEND CHAPTER OF THE ANTIQUE AUTOMOBILE CLUB OF AMERICA (hereinafter referred to as "Operator'), and the CITY OF PRIOR LAKE, a Minnesota municipal corporation (hereinafter referred to as "City'). 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 weekly collector car show (known as the Friday Night Roll-In) 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 the location for the Friday Night Roll-In is in the area of Main Avenue between Hastings and Dakota Streets, and in the Erie Street parking lot, as depicted in attached Exhibit A; and when the Friday Night Roll-In is open it is necessary for the City to close a portion of Main 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 Friday Night Roll-In 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 event to the area depicted in Exhibit A. 3. Hours of Ooeration: The event may operate only between the hours of 5pm and 9pm on Fridays between the months of May through October. Participants may begin setting up for the event on Friday evenings at 5pm and must be packed up and have vacated the site and re-opened Main Avenue by 9:30pm on Friday evening. 4. Citv Resoonsibilities: In order to facilitate the use of this site, and to help the Friday Night Roll-In 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 5pm on Friday evenings, May through October. If unauthorized vehicles are located in the 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 for use in this event located on the north side of the City building depicted on Exhibit A. www.cityofpriorlake.com Phone 952.447.9800 / Fax 952.447.4245 · The City shall provide barricades (to be placed and removed by Operator) to close a portion of Main Avenue to vehicular traffic during the Friday Night Roll-In hours of operation. · The City shall provide and pay for the costs of a portable toilet. 5. ODerator ResDonsibilities: In its operation of the weekly Friday Night Roll-in, 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 Friday Night Roll-In area prior to the start of the event for the day. At the conclusion of each Friday event, the Operator shall also be responsible for removing and returning 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 participants. Refuse containers or dumpsters owned by any local business or the City may not be used by vendors. · The Operator shall be permitted to provide amplified background music for the event, provided that Operator monitors the decibel levels for such background music consistent with the City's outdoor event ordinance. Live bands or concerts shall not be permitted without an additional permit from the City. 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 event 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 event. 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 event 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. OPERA TOR: Riverbend Chapter of the Antique Automobile Club of America CITY: Lee Woodruff Jack Haugen, Mayor Frank Boyles, City Manager 2 i f. ... I . " '''V' ;... . .'r ,-..,~ I"'-~' , ;"tn. , -::.~ '\. l2i~' /...~. 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