The URL can be used to link to this page

Home My WebLink About5K Public Property Use Permit 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: MAY 22, 2017 AGENDA #: 5K PREPARED BY: CASEY MCCABE, COMMUNITY DEVELOPMENT DIRECTOR PRESENTED BY: CASEY MCCABE AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPROVING A PUBLIC PROPERTY USE PERMIT WITH BLAHNIK LAW OFFICE DISCUSSION: Introduction The purpose of this Consent Agenda item is to consider approval of a resolution approving a Public Property Use Permit (PPUP) for Blahnik Law Office (Blahnik) which would allow Blahnik to place a portable storage container on the municipal parking lot at 4635 Colorado Street SE. History Adam Blahnik purchased the property at 4617 Colorado Street SE and over the summer of 2017, Blahnik will be constructing an addition to the current building. Following completion of the construction project, Blahnik Law Offices will be relocating to this property. Current Circumstances Blahnik requested City Council approval to allow the placement of a portable storage container on the southwest corner of the Colorado Street municipal parking lot during construction on the adjacent lot. The portable storage container is 16 feet deep by 8 feet wide by 8 feet high and is expected to be in place from June 1, 2017 through September 31, 2017. The proposed location of the container is shown on Exhibit A of the attached PPUP. Conclusion The proposed container location is on a city owned municipal parking lot so in order for the property owner to utilize this location, the City Council must approve a Public Property Use Permit. The City Attorney has reviewed the attached PPUP. ISSUES: The portable storage container will eliminate one parking stall in the municipal lot over the summer months. City staff does not have concerns related to the placement of the portable storage container. FINANCIAL IMPACT: None. 2 ALTERNATIVES: 1. Motion and Second, as part of the Consent Agenda, to approve the Resolution approving the Public Property Use Permit. 2. Remove this item from the Consent Agenda for additional discussion or for the purpose of denying the Resolution approving the Public Property Use Permit. 3. Defer this item and provide staff with specific direction. RECOMMENDED MOTION: ATTACHMENTS: Alternative No. 1. 1. Public Property Use Permit 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 17-___ RESOLUTION APPROVING A PUBLIC PROPERTY USE PERMIT TO ALLOW THE PLACEMENT OF A PORTABLE STORAGE CONTAINER ON THE MUNICIPAL PARKING LOT LOCATED AT 4635 COLORADO STREET SE Motion By: Second By: WHEREAS, Blahnik Law Office has applied for a Public Property Use Permit to place a portable storage container measuring approximately 16 feet deep by 8 feet wide by 8 feet high on the municipal parking lot located at 4635 Colorado Street SE (PID 250011100); and WHEREAS, The City of Prior Lake requires approval and execution of a Public Property Use Permit prior to placement of private property on a municipal parking lot; and WHEREAS, On May 22, 2017, the Prior Lake City Council reviewed 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 hereby approves the Public Property Use Permit in substantially the form submitted and the City Manager is hereby authorized and directed to execute the Public Property Use Permit on behalf of the City. Passed and adopted by the Prior Lake City Council this 22nd day of May, 2017 VOTE Briggs McGuire Thompson Braid Burkart Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐☐ ☐ ☐ ☐ Absent ☐☐ ☐ ☐ ☐ ______________________________ Frank Boyles, City Manager 1 PUBLIC PROPERTY USE PERMIT This Public Property Use Permit (“PPUP”) is entered into on this _____ day of _______________, 2017, by and between the City of Prior Lake, a Minnesota municipal corporation (the “City”), and Blahnik Law Office, PLLC, a Minnesota Limited Liability Company (the “Permittee”). RECITALS WHEREAS, Permittee has requested permission of City to place a portable storage container (“Container”) on the municipal parking lot located at 4635 Colorado Street SE, Prior Lake, Minnesota (the “Lot”); and WHEREAS, City requires approval and execution of this PPUP prior to placement of the Container on the Lot; and WHEREAS, Permittee has applied to the City for permission to place a Container of approximately 16 feet deep by 8 feet wide by 8 feet high on the southwest corner of the Lot from June 1, 2017 through September 30, 2017. 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 acknowledges that the Lot is public property. 2. CONTAINER 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 Lot depicted on attached Exhibit A to place the Container from June 1, 2017 until September 30, 2017. The Container must be removed from the Lot by October 1, 2017 3. PUBLIC USE OF LOT. The use of the Lot for placement of the Container is subordinate to the publics’ use of the Lot as a municipal parking lot. The Permittee shall be vigilant to ensure the Container or the use of the Container does not interfere with the primary purpose of the Lot as a municipal parking lot. The City may terminate this Permit pursuant to Paragraph 10 if in the opinion of the Zoning Administrator, the Permittee’s use of the Lot (placement and use of Container) adversely interferes with the publics’ use of the Lot. 4. INDEMNITY. The Permittee shall indemnify, defend and hold the City and its employees, contractors, 2 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 Container including, but not limited to, any claim asserted against the City as a result of th e location allowed by the PPUP. 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 acknowledges City’s ownership of the Lot 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 Lot as permitted by this PPUP. The Permittee acknowledges that they were advised that this is a legal document and that the Permittee should seek legal counsel in connection with this PPUP and that the Permittee has read and understands the terms of this PPUP. 7. CONDITION OF LOT. The Permittee acknowledges the City has made no representations or warranties regarding the condition of the Lot 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 acknowledges the City will not sweep debris or remove snow from or around the Container and Permittee further agrees that Lot maintenance, including snow removal and sweeping, on and around the Container shall be the responsibility of Permittee. 10. TERMINATION. This PPUP shall automatically terminate on October 1, 2017. In addition t his PPUP may be terminated before October 1, 2017 by the City with written notice delivered to the Permittee. If the City terminates this PPUP, the Permittee shall have ten (10) days from receipt of the written notice to remove the Container. The City may terminate this PPUP, if in the opinion of the Zoning Administrator, the commercial use of the Lot (location of the Container) adversely interferes with the publics’ right to use the Lot, the Container is considered a hazard or danger to the public, the Container becomes deteriorated or damaged, the Container 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 Container on the Lot 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. (Signature Pages Follow) 3 CITY: By: Frank Boyles Its: City Manager STATE OF MINNESOTA ) ) ss COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this _____ day of , 2017, by Frank Boyles, City Manager of the City of Prior Lake, Minnesota, a municipal corporation on behalf of the corporation. NOTARY PUBLIC PERMITTEE: By: Its: STATE OF MINNESOTA ) ) ss COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this _____ day of , 2017, by___________________, the ________________________ of Blahnik Law Offices, PLLC, a Minnesota Limited Liability Company on behalf of the company. NOTARY PUBLIC DRAFTED BY: Gregerson, Rosow, Johnson & Nilan, LTD 100 Washington Ave S, Suite 1550 Minneapolis, MN 55401 4 Exhibit A