HomeMy WebLinkAbout5B Public Property Use Permit Blahnik ReportPhone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com
4646 Dakota Street SE
Prior Lake, MN 55372
CITY COUNCIL AGENDA REPORT
MEETING DATE: NOVEMBER 6, 2017
AGENDA #:
PREPARED BY:
5B
JEFF MATZKE, PLANNER
PRESENTED BY: CASEY MCCABE, COMMUNITY DEVELOPMENT DIRECTOR
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 sidewalk connection
from the adjacent municipal parking lot at 4635 Colorado Street SE to the
entrance of their property at 4617 Colorado Street SE.
History
Blahnik is in the process of constructing an addition to the property at 4617
Colorado Street SE. Following completion of the construction project,
Blahnik Law Offices will be relocating to this property.
Current Circumstances
Blahnik requests City Council approval to allow the placement of a sidewalk
connection to the adjacent municipal parking lot located east of their
property. Under the permit, the law office will assume maintenance and
liability for the sidewalk area that is on City property. The proposed location
of the sidewalk is shown on Exhibit A of the attached PPUP.
Conclusion
The proposed sidewalk connects to 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 only reason for this permit is the sidewalk which will allow clients of the
business to proceed directly from the parking lot to the entrance of the
business. City staff does not have concerns related to the placement of the
sidewalk.
As the city council is aware, the parking lot on Colarado is owned by the city
and open to public use. Accordingly businesses in the immediate vicinity
tend to be the primary users. There is no limit with respect to the number of
stalls that such businesses may use.
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FINANCIAL
IMPACT:
None.
ALTERNATIVES: 1. Motion and Second, as part of the Consent Agenda, to approve the
Resolution approving the Public Property Use Permit.
2. Motion and second to remove this item frtom the consent agenda for
additional discussion.
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
WITH BLAHNIK LAW OFFICE
Motion By: Second By:
WHEREAS, Blahnik Law Office has applied for a Public Property Use Permit to construct a
sidewalk connecting the property at 4617 Colorado Street SE to a 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 the municipal parking lot; and
WHEREAS, On November 6, 2017, 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 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 6th day of November, 2017.
VOTE Briggs McGuire Thompson Braid Burkart
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 _______________, 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 sidewalk (“Sidewalk”) 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 Sidewalk on the
Lot; and
WHEREAS, Permittee has applied to the City for permission to place a Sidewalk of approximately 9 feet
long by 4 feet wide on the western edge of the Lot.
AGREEMENT
In consideration of the foregoing Recitals, incorporated herein as if fully set forth, and the mut ual covenants
herein, the parties agree as follows:
1. PUBLIC PROPERTY. The Permittee acknowledges that the Lot is public property.
2. SIDEWALK 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 and use the Sidewalk.
3. PUBLIC USE OF LOT. The use of the Lot for placement and use of the Sidewalk is subordinate to the
public’s use of the Lot as a municipal parking lot. The Permittee shall ensure the Sidewalk or the use of
the Sidewalk does not interfere with the primary purpose of the Lot as a municipal parking lot. The City
may terminate this PPUP pursuant to Paragraph 10 if in the opinion of the Zoning Administrator, the
Permittee’s use of the Lot (placement and use of Sidewalk) adversely interferes with the publics’ use of
the Lot.
4. INDEMNITY. The Permittee 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
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Sidewalk including, but not limited to, any claim asserted against the City as a result of the use of the
Sidewalk or the 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 relating to this PPUP. 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 it
was 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 Sidewalk and Permittee further agrees that Lot maintenance on and around the Sidewalk,
including snow removal and sweeping, shall be the responsibility of Permittee.
10. TERMINATION. In addition, this PPUP may be terminated 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 Sidewalk and restore the Lot to the condition it existed in prior to the placement of the
Sidewalk. The City may terminate this PPUP, if in the opinion of the Zoning Administrator, the
commercial use of the Lot (location and use of the Sidewalk) adversely interferes with the publics’ right
to use the Lot, the Sidewalk is considered a hazard or danger to the public, the Sidewalk becomes
deteriorated or damaged, the Sidewalk 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 and
use of a Sidewalk 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)
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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 ,
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
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Exhibit A