HomeMy WebLinkAbout09(B) - Approval of a Resolution Approving a Public Property Use Permit (PPUP) to Allow Outdoor Seating on the Public Sidewalk Adjacent to 16186 Main Avenue SE Report
ITEM: 9B
CITY COUNCIL AGENDA REPORT
MEETING DATE: May 16, 2022
PREPARED BY: Casey McCabe, Community Development Director
PRESENTED BY: Casey McCabe
AGENDA ITEM: Approval of a Resolution Approving a Public Property Use Permit (PPUP) to
Allow Outdoor Seating on the Public Sidewalk Adjacent to 16186 Main
Avenue SE
GOAL AREA Desirable & Sustainable Development
OBJECTIVE: 2. Preserve and enhance Prior Lake’s small-town feel.
3. Explore ways to encourage downtown as a vibrant destination.
RECOMMENDED ACTION:
Approval of a Resolution approving the Public Property Use Permit.
BACKGROUND:
The purpose of this agenda item is to consider approval of a resolution approving a Public
Property Use Permit (PPUP) to allow outdoor seating on the public sidewalk adjacent to
Edelweiss Bakery.
Current Circumstances
Edelweiss Bakery is a tenant of the property located at 16186 Main Avenue SE. Edelweiss would
like to add outdoor seating on the north and east sides of the building. The proposed outdoor
seating would be located on a public sidewalk in the Main Avenue and Dakota Street right-of-way.
For the business to utilize this area for seating, the City Council must approve a Public Property
Use Permit.
The proposed outdoor seating plan shows four tables on the Dakota Street sidewalk and four
tables on the Main Avenue sidewalk; each table has seating for four. The outdoor seating plan
identifies a minimum of 7.5 feet of navigable sidewalk area between the curb and tables.
City staff identified potential issues related to safe pedestrian travel on the sidewalk, liability,
insurance, maintenance, and trash removal. The attached PPUP was drafted to address these
concerns.
If approved, the PPUP would be entered into by three parties; the City of Prior Lake, Edelweiss
Bakery, and the property owner.
FINANCIAL IMPACT:
No financial impact is anticipated because of this action.
ALTERNATIVES:
1. Motion and Second to approve the Resolution approving the Public Property Use Permit
and authorizing the City Manager to execute the agreement.
2. Motion and Second to deny the Resolution approving the Public Property Use Permit.
City of Prior Lake | 4646 Dakota Street SE | Prior Lake MN 55372
Item 9B
Page | 2
3. Table this item and provide direction to staff.
ATTACHMENTS:
1. Outdoor Seating Plan
2. Public Property Use Permit
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 22-____
RESOLUTION APPROVING A PUBLIC PROPERTY USE PERMIT TO ALLOW
OUTDOOR SEATING ON THE PUBLIC SIDEWALK ADJACENT TO 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, Elizabeth C. Speiker is the owner of the Property; and
WHEREAS, Edelweiss Bakery, Inc. has applied for a Public Property Use Permit to allow outdoor
seating on the public sidewalk adjacent to the Property; 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 May 16, 2022, 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 authorizes the City Manager to execute the Public Property Use
Permit on behalf of the City.
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PASSED AND ADOPTED THIS 16 DAY OF MAY 2022.
VOTE Briggs Thompson Braid Burkart Churchill
Aye
☐ ☐ ☐ ☐ ☐
Nay
☐ ☐ ☐ ☐ ☐
Abstain
☐ ☐ ☐ ☐ ☐
Absent
☐ ☐ ☐ ☐ ☐
____________________________
Jason Wedel, City Manager
PUBLIC PROPERTY USE PERMIT
This Public Property Use Permit (“PPUP”) is entered into on this ____ day of _____________,
2022, 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 add outdoor seating on the public
sidewalk on the north and east sides 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 place four tables on the Dakota
Street sidewalk and four tables on the Main Avenue sidewalk, with each table
having seating for four. The outdoor seating plan identifies a minimum of 7.5 feet of
navigable sidewalk area between the curb and tables.
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. 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. OUTDOOR SEATING 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 outdoor tables and chairs.
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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 seven and one-half (7.5) feet for foot and chair
travel. The Permittee shall be vigilant to observe whether the Outdoor Seating interferes with
pedestrian traffic; and if so, to remove or adjust the location of the Outdoor Seating. 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 Outdoor Seating) adversely
interferes with the publics’ right to travel on the sidewalk.
4. NO SMOKING. The Permittee and Property Owner shall ensure there is no smoking
permitted on the Outdoor Seating area.
5. 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 Outdoor Seating, 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.
6. INSURANCE. Permittee shall maintain a general liability insurance policy which provides
coverage for damage to personal property and injury to persons in a minimum amount of
$1,000,000 per occurrence; $2,000,000 annual aggregate. The insurance requirements may be
met through any combination of primary and umbrella/excess insurance. 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.
7. 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.
8. 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.
9. 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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10. MAINTENANCE. Permittee and Property Owner acknowledge the City will not sweep or
remove snow from or around the Outdoor Seating and Permittee and Property Owner further
agree that sidewalk maintenance, including snow removal and sweeping, on and around the
Outdoor Seating shall be the responsibility of Permittee and Property Owner. Permittee shall
be diligent in ensuring the sidewalk area remains clean and free of debris, including food and
beverage spills.
11. SEASONAL OUTDOOR SEATING. This permit allows Permittee to place outdoor seating,
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as depicted in Exhibit A, seasonally from April 15 to October 31. Outdoor seating shall be
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removed from the public sidewalk from November 1 to April 14. In the event of snow or
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other inclement weather between April 15 and October 31, Permittee and Property Owner
acknowledge City will not sweep or remove snow from the Outdoor Seating area if the tables
and chairs are in place
12. TRASH. Permittee shall install trash bins in the outdoor seating area as necessary to ensure
Permittee customers are not utilizing City trash bins. Permittee shall be responsible for
emptying Permittee trash bins as necessary in Permittee’s dumpster. City is not responsible for
maintenance of trash that is generated from the Outdoor Seating Area; Permittee shall be
attentive to trash collection.
13. COMMUNITY EVENTS. Permittee and Property Owner acknowledge that from time to time,
City of Prior Lake community events on Main Avenue or Dakota Street may impact their
ability to fully utilize the Outdoor Seating Area.
14. 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 Outdoor Seating. The
City may terminate this Permit, if in the opinion of the Zoning Administrator, the commercial
use of the sidewalk (location of the Outdoor Seating) adversely interferes with the publics’
right to travel on the sidewalks, the Outdoor Seating is considered a hazard or danger to the
public, the Outdoor Seating becomes deteriorated or damaged, the Outdoor Seating interferes
with maintenance or construction projects in the area, or for any other reason at the City’s sole
discretion.
15. ENTIRE AGREEMENT. This PPUP contains all the terms and conditions related to the
placement of a Outdoor Seating 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.
16. 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:
Jason Wedel
Its: City Manager
STATE OF MINNESOTA )
) ss
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this day of ,
2022, by Jason Wedel, City Manager of the City of Prior Lake, Minnesota, a municipal corporation
on behalf of the corporation.
NOTARY PUBLIC
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PERMITTEE:
By:
Its:
STATE OF MINNESOTA )
) ss
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this day of ,
2022, by , 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 ,
2022, by Elizabeth C. Speiker, owner of property at 16186 Main Avenue SE, Prior Lake,
Minnesota,
NOTARY PUBLIC
DRAFTED BY:
City of Prior Lake
4646 Dakota Street SE
Prior Lake, MN 55372
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Exhibit A
Outdoor Seating Plan
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