HomeMy WebLinkAbout5H Public Property Use Permit Report4646 Dakota Street SE
Prior Lake, MN 55372
CITY COUNCIL AGENDA REPORT
MEETING DATE: JUNE 18, 2018
AGENDA #: 5H
PREPARED BY:
PRESENTED BY:
CASEY MCCABE, COMMUNITY DEVELOPMENT DIRECTOR
CASEY MCCABE
AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPROVING A PUBLIC PROP-
ERTY USE PERMIT
DISCUSSION: Introduction
The purpose of this Consent Agenda item is to consider approval of a resolution
approving a Public Property Use Permit (PPUP) for Zeman Construction Company
to allow a construction staging area within the municipal parking lot at the corner
of Pleasant Street SE and Main Avenue SE.
History
Zeman Construction Company is the general contractor who is currently in the
process of construction the PLate restaurant at 16323 Main Avenue SE for PLate
on Main, LLC.
Current Circumstance
The City of Prior Lake received an application from Zeman Constru ction request-
ing the City Council allow them to place an approximate 8’ X 30’ construction trailer
and construction staging area along Pleasant Street for the duration of construc-
tion activities for the PLate restaurant, as there is not sufficient area for the con-
struction trailer on the project site. Following conversations with surrounding busi-
ness owners, Zeman Construction revised their request and proposed to locate
the construction trailer and staging area in the municipal parking lot to not occupy
on-street parking spaces near Fong’s or Stems & Vines. The proposed location
of the trailer and staging area is shown as Exhibit A on the attached PPUP.
Zeman Construction does not plan to store any loose sand, soil or other debris in
the staging area. There may be an occasion where the area can be utilized (but
not expanded) for temporary storage of block, street or other palletized materials
but they do not anticipate material storage being a regular occurrence. As part of
the PPUP agreement, the city would require MNDOT approved cones and signage
around the area for vehicle and pedestrian safety.
The staging area would be needed by Zeman Construction for the duration of con-
struction activities for the PLate restaurant, which is anticipated to be completed
mid-November 2018.
Conclusion
The proposed staging area is located on City of Prior Lake property. To utilize this
location for a construction trailer and construction staging area, the City Council
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must approve a Public Property Use Permit. As a perquisite, we require the peti-
tioner to provide the appropriate types and amounts of insurance coverages.
ISSUES: The construction trailer and construction staging area will occupy four off-street
parking stalls within a public parking lot for the duration of PLate construction ac-
tivities in the fall of 2018.
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.Remove this item from the consent agenda for additional discussion.
RECOMMENDED
MOTION:
ATTACHMENTS:
1.Alternative #1.
1.Public Property Use Permit
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 18-___
RESOLUTION APPROVING A PUBLIC PROPERTY USE PERMIT
TO ALLOW THE PLACEMENT OF A
CONSTRUCTION TRAILER AND CONSTRUCTION STAGING AREA ON THE
MUNICIPAL PARKING LOT LOCATED AT 16328 MAIN STREET SE
Motion By: Second By:
WHEREAS, Zeman Construction Company has applied for a Public Property Use Permit to
place a construction trailer of approximately 8’ wide by 30’ long and construction
staging area on the municipal parking lot located at 16328 Main Avenue SE (PID
250020060); 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 June 18, 2018, 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 18th day of June 2018
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 _______________, 2018, by
and between the City of Prior Lake, a Minnesota municipal corporation (the “City”), and Zeman Construction
Company, a Minnesota Business Corporation (the “Permittee”).
RECITALS
WHEREAS, Permittee has requested permission of City to place a Construction Staging Area, including an
approximate 8’ X 30’ Construction Trailer (“Staging Area”) within the municipal parking lot located at 16328
Main Avenue SE (PID 250020060) (the “Lot”); and
WHEREAS, City requires approval and execution of this PPUP prior to placement of the Staging Area on
the Lot; and
WHEREAS, Permittee has applied to the City for permission to place a Staging Area which occupies four
off-street parking stalls in the Lot.
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.STAGING AREA 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 Staging Area.
3.PUBLIC USE OF LOT. The use of the Lot for placement and use of the Staging Area is subordinate to
the public’s use of the Lot for vehicle parking. The Permittee shall ensure the Staging Area, or the use of
the Staging Area does not interfere with the primary purpose of the remaining Lot area as an off-street
parking area. The City may terminate this PPUP pursuant to Paragraph 11 if in the opinion of the Zoning
Administrator, the Permittee’s use of the Lot (placement and use of Staging Area) adversely interferes
with the publics’ use.
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,
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damages, losses, costs and expenses, including attorneys’ fees, arising from, based on, or related to the
Staging Area including, but not limited to, any claim asserted against the City as a result of the use of the
Staging Area 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 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. Permittee
acknowledges the Lot will be returned to the City in substantially the same condition as when it was
received. Any damage to the Lot as a result of Permittee’s use of the Staging Area shall be repaired at
the sole cost of Permittee.
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. SAFETY & VISIBILITY. Permittee agrees to utilize MNDOT approved signs cones for safety and
visibility to vehicle and/or pedestrian traffic around the Staging Area and any stored materials. No
materials shall be stored within the Lot, outside of the approved staging area without written permission
from the City.
10. MAINTENANCE. Permittee acknowledges the City will not sweep debris or remove snow from or
around the Staging Area and Permittee further agrees that Lot maintenance on and around the Staging
Area, including snow removal and sweeping, shall be the responsibility of Permittee.
11. 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 Staging Area and restore the Lot to the condition it existed in prior to the placement
of the Staging Area. The City may terminate this PPUP, if in the opinion of the Zoning Administrator, the
use of the Lot (location and use of the Staging Area) adversely interferes with the publics’ right to use the
Lot, the Staging Area is considered a hazard or danger to the public, the Staging Area becomes
deteriorated or damaged, the Staging Area interferes with maintenance or construction projects in the area,
or for any other reason at the City’s sole discretion.
12. EXPIRATION. This PPUP shall expire on November 30, 2018 unless extended in writing by both the
City and Permittee.
13. ENTIRE AGREEMENT. This PPUP contains all the terms and conditions related to the placement and
use of a Staging Area 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.
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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 ,
2018, 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 ,
2018, by___________________, the ________________________ of Zeman Construction Company, a
Minnesota Business Corporation, on behalf of the Corporation.
NOTARY PUBLIC
DRAFTED BY:
Gregerson, Rosow, Johnson & Nilan, LTD
100 Washington Ave S, Suite 1550
Minneapolis, MN 55401
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Exhibit A
PLate