HomeMy WebLinkAbout9A Public Property Use 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 26, 2016
AGENDA #: 9A
PREPARED BY: CASEY MCCABE, COMMUNITY DEVELOPMENT SPECIALIST
PRESENTED BY: CASEY MCCABE
AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPROVING A PUBLIC
PROPERTY USE PERMIT TO ALLOW THE PLACEMENT OF A STATUE
ON THE MAIN AVENUE RIGHT-OF-WAY IN FRONT OF PROPERTY
LOCATED AT 16186 MAIN AVENUE SE
DISCUSSION: Introduction
The purpose of this agenda item is to consider approval of a resolution
approving a Public Property Use Permit (PPUP) to place a fiberglass cow
statue on the public sidewalk in front of the property located at 16186 Main
Avenue SE.
History
Edelweiss Bakery requested city approval to allow the placement of a
fiberglass cow statue on the sidewalk in front of their business located at
16186 Main Avenue SE. City staff determined that the proposed location is
on a public sidewalk in the Main Avenue right-of-way. In order for the
property owner to utilize this location for a statue, the City Council must
approve a Public Property Use Permit.
Current Circumstances
Edelweiss Bakery is a tenant of the property located at 16186 Main Avenue
SE. Edelweiss would like to display a fiberglass cow statue of seven (7) feet
six (6) inches in length, 63 inches in height and 28 inches in width on a one-
half (1/2) inch thick base at the same length and width as the statue.on the
sidewalk in front of the property. The proposed location of the statue is
shown on Exhibit A of the attached PPUP.
Conclusion
If approved, the PPUP would be entered into by three parties; the City of
Prior Lake, Edelweiss Bakery and the property owner.
ISSUES: Staff has identified potential issues related to safe pedestrian travel on the
sidewalk, liability, insurance and maintenance. The attached PPUP was
drafted by the City Attorney to address these concerns.
Some additional considerations include:
1. How does the statue relate to the theme of Eidelweiss or to the
downtown area? Should it? How many such statues should be
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allowed in the downtown?
2. Does this create a precedent? A statue of a cook is located on private
property next to Sul Lago. There is a small art piece/statue on the
side yard of the city hall property created by a local artist. A small
statue area is being considered for the former fountain area in the
Rotary Gateway. None of these statue areas impact upon city snow
clearing considering their location; this one would.
3. The statue will need to be secured to the concrete so it does not blow
over or be tipped over intentionally or unintentionally.
The city does not have an advisory committee on the arts, so the council
may want to consider referring this item and/or future items to another
standing committee for further review in order to ultimately create downtown
art/statue guidelines.
FINANCIAL
IMPACT:
None.
ALTERNATIVES: 1. Motion and second to approve the Resolution approving the Public
Property Use Permit at 16186 Main Avenue SE
2. Motion and second to refer this matter to the appropriate body so that
appropriate guidelines can be prepared.
3. Take no action on the PPUP which would be a denial of the request.
RECOMMENDED
MOTION:
ATTACHMENTS:
As determined by the City Council.
1. Public Property Use Permit
2. Photo
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 16-XXX
RESOLUTION APPROVING A PUBLIC PROPERTY USE PERMIT
TO ALLOW THE PLACEMENT OF A STATUE ON THE MAIN AVENUE RIGHT-OF-WAY
IN FRONT OF PROPERTY LOCATED AT 16186 MAIN AVENUE SE
Motion By: Second By:
WHEREAS, Edelweiss Bakery, Inc. is a tenant of property located at 16186 Main Avenue SE,
Prior Lake, Minnesota (the “Property”); and
WHEREAS,
WHEREAS,
WHEREAS,
Elizabeth C. Speiker is the owner of the Property; and
Edelweiss Bakery, Inc. has applied for a Public Property Use Permit to display a
fiberglass cow stature of seven (7) feet six (6) inches in length, 63 inches in height
and 28 inches in width on a one-half (1/2) inch thick base at the same length and
width as the statue (the “Statue”) on the public sidewalk in front of the Property; and
The City of Prior Lake requires approval and execution of a Public Property Use
Permit prior to placement of private property on a public sidewalk; and
WHEREAS, On September 26, 2016, the Prior Lake City Council reviewed and approved the
Public Property Use Permit.
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 authorized the City Manager to execute the Public
Property Use Permit on behalf of the City.
PASSED AND ADOPTED THIS 26th DAY OF SEPTEMBER 2016.
VOTE Hedberg Keeney McGuire Morton Thompson
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
______________________________
Frank Boyles, City Manager
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PUBLIC PROPERTY USE PERMIT
This Public Property Use Permit (“PPUP”) is entered into on this ____ day of _____________,
2016, by and between the City of Prior Lake, a Minnesota municipal corporation (the “City”),
Edelweiss Bakery, Inc., a Minnesota business corporation (the “Permittee”) and Elizabeth C.
Speiker (the “Property Owner”).
RECITALS
WHEREAS, Permittee is a tenant of property located at 16186 Main Avenue SE, Prior Lake,
Minnesota (PID No. 250010270) (the “Property”); and
WHEREAS, Property Owner is owner of the Property; and
WHEREAS, Permittee has requested permission of City to place a fiberglass cow statue on the public
sidewalk in front of the Property; and
WHEREAS, City requires approval and execution of this PPUP prior to placement of the private
property on a public sidewalk; and
WHEREAS, Permittee has applied to the City for permission to display a fiberglass cow stature
of seven (7) feet six (6) inches in length, 63 inches in height and 28 inches in width on a one-half
(1/2) inch thick base at the same length and width as the statue (the “Statue”) on the public sidewalk
in front of the Property.
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. The Permittee and Property Owner acknowledge that the sidewalk
adjacent to the Property is public property which must remain open to the public for public
use.
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2. STATUE PERMITTED. Subject to the terms of this PPUP and the City’s right to terminate it
as provided for elsewhere in this PPUP, the Permittee may use that portion of the public
sidewalk area depicted on attached Exhibit A to display the Statue.
3. PEDESTRIAN USE OF SIDEWALK. The primary use of the public sidewalk is to provide
the public a safe location for pedestrian traffic. The use of the sidewalk for commercial
advertising is subordinate to the publics’ use of the sidewalk for foot or chair travel. The
Permittee shall be vigilant to observe whether the Statue interferes with pedestrian traffic;
and if so, to temporarily remove or adjust the location of the Statue within the allowed area.
The City may terminate this Permit, upon written notice to Permittee, if in the opinion of the
Zoning Administrator, the commercial use of the sidewalk (location of the Statue) adversely
interferes with the publics’ right to travel on the sidewalk.
4. INDEMNITY. The Permittee and 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 the Statute, the display of the
Statue and/or Permittee being allowed to display a Statue, including, but not limited to, any
claim asserted against the City as a result of the location allowed by the Permit. The
Permittee and Property Owner shall be jointly and severally liable for the obligations set forth
in this paragraph.
5. INSURANCE. Permittee shall maintain a general liability insurance policy which provides
coverage for damage to personal property and injury to persons. Said policy shall contain a
clause which provides language stating that the company that issues the policy shall not
change, non-renew, or materially change the policy without first providing the City thirty
(30) days prior written notice. The Permittee shall provide the City with a Certificate of
Insurance that names the City as an additional insured.
6. WAIVER OF CLAIMS. The Permittee and Property Owner acknowledge City’s ownership
of the sidewalk for the benefit of the public and knowingly and voluntarily waive and release
any and all claims against the City arising from, based on, or related to the use of the sidewalk
as permitted by this PPUP. The Permittee and Property Owner acknowledge that they were
advised that this is a legal document and that the Permittee and Property Owner should
seek legal counsel in connection with this PPUP and that the Permittee and Property Owner
have read and understand the terms of this PPUP.
7. CONDITION OF SIDEWALK. The Permittee and Property Owner acknowledge the City has
made no representations or warranties regarding the condition of the sidewalk or its
suitability for the uses permitted by this PPUP.
8. BINDING EFFECT. Except as hereinafter provided, this PPUP shall run with the land
and bind and inure to the benefit of the parties hereto and their respective heirs, successors
and assigns.
9. MAINTENANCE. Permittee and Property Owner acknowledge the City will not sweep or
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remove snow from or around the Statue and Permittee and Property Owner further agree that
sidewalk maintenance, including snow removal and sweeping, on and around the Statue shall
be the responsibility of Permittee and Property Owner.
10. TERMINATION. This PPUP may be terminated by the City with written notice delivered to
the Permittee at the addresses written above. If the City terminates this Permit, the Permittee
shall have ten (10) days from receipt of the written notice to remove the Statue. The City may
terminate this Permit, if in the opinion of the Zoning Administrator, the commercial use of
the sidewalk (location of the Statue) adversely interferes with the publics’ right to travel on
the sidewalks, the Statue is considered a hazard or danger to the public, the Statue becomes
deteriorated or damaged, the Statue interferes with maintenance or construction projects in
the area, or for any other reason at the City’s sole discretion.
11. ENTIRE AGREEMENT. This PPUP contains all the terms and conditions related to the
placement of a Statue on the sidewalk adjacent to the Property and replaces any oral
agreements or other negotiations between the parties. No modifications of this PPUP shall
be valid until they have been placed in writing and signed by all parties hereto.
12. RECORDING. The Permittee shall cause this PPUP to be filed for record within 30 days
of its execution by all parties. Evidence of filing shall be provided to the City within 30 days
thereafter.
(Signature Pages Follow)
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CITY:
By:
Frank Boyles
Its: City Manager
STATE OF MINNESOTA )
) ss
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this day of ,
2016, by Frank Boyles, City Manager of the City of Prior Lake, Minnesota, a municipal
corporation on behalf of the corporation.
NOTARY PUBLIC
PERMITTEE:
By:
Julie A. Bowles
Its: Chief Executive Officer
STATE OF MINNESOTA )
) ss
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this day of ,
2016, by Julie A. Bowles, Chief Executive Officer of Edelweiss Bakery, Inc., a Minnesota business
corporation on behalf of the corporation.
NOTARY PUBLIC
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PROPERTY OWNER:
By:
Elizabeth C. Speiker
STATE OF MINNESOTA )
) ss
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this day of ,
2016, by Elizabeth C. Speiker, owner of property at 16186 Main Avenue SE, Prior Lake,
Minnesota,
NOTARY PUBLIC
DRAFTED BY:
Gregerson, Rosow, Johnson & Nilan, LTD
100 Washington Ave S, Suite 1550
Minneapolis, MN 55401
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Exhibit A