HomeMy WebLinkAbout5F 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: JUNE 17, 2019
AGENDA #: 5F
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 BOATHOUSE BROTHERS BREWING
CO. LLC
GOAL AREA AND
OBJECTIVE:
Desirable & Sustainable Development
3. Explore ways to encourage downown as a vibrant destination.
DISCUSSION: Introduction
The purpose of this agenda item is to consider approval of a Public
Property Use Permit (PPUP) to allow an outdoor patio area for Boathouse
Brothers Brewing (Boathouse).
History
Boathouse Brothers Brewing opened in the spring of 2018 and lease the
building at 16211 Main Avenue SE property, which is owned by Central
Development Corp of America.
Current Circumstances
Boathouse is requesting approval of a PPUP to allow the placement of an
approximate 7-foot-deep patio and bicycle parking area on a portion of the
public sidewalk along the front of their building. The proposed patio and
bicycle parking location is shown on Exhibit A of the attached PPUP.
Conclusion
Approximately 3.5 feet of the 7-foot-deep patio will be located on the private
property at 16211 Main Avenue SE. The remaining 3.5 feet would be
located on the public sidewalk. For Boathouse to utilize this location, the
city council must approve a Public Property Use Permit.
The PPUP requires a minimum travel distance of 5 feet for foot or chair
travel, includes indemnification language for the City, requires Boathouse
to maintain insurance naming the City as an additional insured, places
maintenance responsibilities for the patio area of the sidewalk on
Boathouse and allows the City to terminate the permit for any reason.
Signatures of the property owner and Boathouse are required on the
PPUP.
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Subsection 1102.805 (3) of City Code identifies outdoor seating and
service of food and alcoholic beverages as a permitted accessory use in
the ‘TC’ Town Center Use District if the following conditions are met:
➢ The use is separated from any adjacent residential use by a building
wall or fence. This provision will not apply if the residential use is a
located in an upper story above a restaurant.
This condition has been met as the patio use is separated from any
adjacent residential use by a building.
➢ No speakers or other electronic devices which emit sound are
permitted outside of the principal structure if the use is located within
500 feet of a residential district.
This use is not located within 500 feet of a residential district.
➢ Hours of operation shall be limited to 7am to 10pm if located within 500
feet of a Residential District use.
This use is located within 500 feet of a residential district use (Lakefront
Plaza) so the hours of operation on the patio area shall be limited to
7:00 am to 10:00 pm.
➢ Additional parking will not be required if the outdoor seating area does
not exceed 50 square feet or 10% of the gross floor area of the
restaurant, whichever is less. Parking will be required at the same rate
as the principal use for that portion of outdoor seating area in excess
of 500 square feet or 10% of the gross building area, whichever is less.
This condition does not apply as off-street parking regulations do not
apply to the Town Center Use District and the outdoor seating area will
not exceed 500 square feet or 10% of the building area.
➢ Access to and from the outdoor area shall be through the indoor seating
area. There shall be no direct access to the outdoor seating area from
the parking lot or street.
The outdoor seating area shall be accessed to and from the indoor
seating area with no direct access from the sidewalk or street.
➢ Food service to the outdoor area shall be provided during all hours of
operation.
This condition cannot be met as food service is not provided by this
establishment.
➢ No bar shall be located in the outdoor area, except a service bar for the
exclusive use of the employees.
No bar will be located in the outdoor area.
ISSUES: City staff has previously recommended outdoor seating areas for drinking
establishments be fenced; however, due to the limited size of the proposed
patio area and the seasonal use, staff does not feel a fence is necessary.
The patio area is proposed to be delineated with a rope as indicated on
Exhibit A of the attached PPUP and the applicant will work with city staff to
ensure adequate emergency exiting is provided from the patio area.
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FINANCIAL
IMPACT:
No financial impact anticipated as a result of this request.
ALTERNATIVES: 1. Motion and second, as part of the Consent Agenda, to approve the
Resolution approving the Public Property Use Permit with Boathouse
Brothers Brewing Co. LLC.
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.
RECOMMENDED
MOTION:
ATTACHMENTS:
Alternative No. 1.
1. Public Property Use Permit
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 19-_____
RESOLUTION APPROVING A PUBLIC PROPERTY USE PERMIT
WITH BOATHOUSE BROTHERS BREWING CO. LLC
Motion By: Second By:
WHEREAS, Boathouse Brothers Brewing Co. LLC has applied for a Public Property Use Permit
to place an approximate 7-foot-deep patio and bicycle parking area on a portion of
the public sidewalk along the front of their building at 16211 Main Avenue SE (PID
250010222 and 250010231); 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 public sidewalk; and
WHEREAS, On June 17, 2019, 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 Public Property Use Permit is hereby approved, subject to the following conditions:
a. Hours of operation shall be limited to 7 am to 10 pm.
b. Access to and from the outdoor area shall be through the indoor seating area. There
shall be no direct access to the outdoor seating area from the sidewalk or street.
c. No bar shall be located in the outdoor area, except a service bar for the exclusive use
of the employees.
d. The resolution of approval of the Public Property Use Permit shall be recorded at the
Scott County Recorder’s Office.
3. 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 17th day of June 2019.
VOTE Briggs Thompson Burkart Braid Erickson
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
______________________________
Michael Plante, City Manager
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PUBLIC PROPERTY USE PERMIT
This Public Property Use Permit (“PPUP”) is entered into on this day of ,
2019, by and between the City of Prior Lake, a Minnesota municipal corporation (the “City”),
Boathouse Brothers Brewing Company LLC, a Minnesota Limited Liability Company (the
“Permittee”) and Central Development Corp. of America, a Minnesota Business Corporation (the
“Property Owner”).
RECITALS
WHEREAS, Permittee is a tenant of property located at 16211 Main Avenue SE, Prior Lake,
Minnesota (PID No. 250010222 and 250010231) (the “Property”); and
WHEREAS, Property Owner is owner of the Property; and
WHEREAS, Permittee has requested permission of City to place an outdoor patio area (“Patio”) in
front of Property; and
WHEREAS, Patio area is proposed to extend approximately seven (7) feet from the front of the
building; and
WHEREAS, approximately 3.5 feet of the Patio will be on private property and approximately
3.5 feet of the Patio will be on public sidewalk; and
WHEREAS, City requires approval and execution of this PPUP prior to placement of the Patio on
a public sidewalk; and
WHEREAS, Permittee has applied to the City for permission to place a Patio 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:
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1. PUBLIC PROPERTY. 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.
2. PATIO 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 place the Patio.
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 uses is
subordinate to the publics’ use of the sidewalk for foot or chair travel. The Permittee shall
always maintain a minimum travel distance of five (5) feet for foot and chair travel. The
Permittee shall be vigilant to observe whether the Patio interferes with pedestrian traffic; and
if so, to remove or adjust the location of the Patio. 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 Patio) 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 Patio, 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.
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9. MAINTENANCE. Permittee and Property Owner acknowledge the City will not sweep or
remove snow from or around the Patio and Permittee and Property Owner further agree that
sidewalk maintenance, including snow removal and sweeping, on and around the Patio 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 Patio. The City may
terminate this Permit, if in the opinion of the Zoning Administrator, the commercial use of the
sidewalk (location of the Patio) adversely interferes with the publics’ right to travel on the
sidewalks, the Patio is considered a hazard or danger to the public, the Patio becomes
deteriorated or damaged, the Patio 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 Patio 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:
Michael Plante
Its: City Manager
STATE OF MINNESOTA )
) ss
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this day of ,
2019, by Michael Plante, City Manager of the City of Prior Lake, Minnesota, a municipal
corporation on behalf of the corporation.
NOTARY PUBLIC
PERMITTEE:
By:
Emmett M. Swartout
Its: President
STATE OF MINNESOTA )
) ss
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this day of ,
2019, by Emmett Swartout, the President of Boathouse Brothers Brewing Company LLC, a
Minnesota Limited Liability Company on behalf of the company.
NOTARY PUBLIC
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PROPERTY OWNER:
By:
Bradford T. Rothnem
Its: Chief Executive Officer
STATE OF ______________ )
) ss
COUNTY OF ____________ )
The foregoing instrument was acknowledged before me this day of ,
2019, by Bradford T. Rothnem, Chief Executive Officer of Central Development Corp. of
America, owner of property at 16211 Main Avenue SE, Prior Lake, Minnesota, 55372.
NOTARY PUBLIC
DRAFTED BY:
Hoff Barry, P.A.
775 Prairie Center Drive, Suite 160
Eden Prairie Minnesota 55344