HomeMy WebLinkAbout05(H) - Resolution Approving a Private Use of Public Property Permit for Stanley & Wencl, LLC ReportITEM: 5HCITYCOUNCILAGENDAREPORT
MEETING DATE: June 05, 2023
PREPARED BY: Casey McCabe, Community Development Director
PRESENTED BY: Casey McCabe
AGENDA ITEM: Resolution Approving a Private Use of Public Property Permit for Stanley
Wencl, LLC
RECOMMENDED ACTION:
Approval of a resolution approving a Private Use of Public Property permit for Stanley & Wencl,
LLC to temporarily place a dumpster on the municipal parking lot at 16381 Main Avenue SE.
BACKGROUND:
Stanley & Wencl, LLC is completing a remodeling project for VFW Post 6208 and requested
permission to temporarily place a dumpster on the municipal parking lot atthe northwest corner
of the Main Avenue and Pleasant Street intersection to make it easier to dispose of material. If
approved, the dumpster will be in place through June 16, 2023. The proposed dumpster would
occupy one parking stall in the location shown inthe attached Private Use of Public Property
permit.
The proposed dumpster location is on a city owned municipal parking lot so in order for the
contractor to utilize this location, the City Council must approve a Public Property Use Permit.
Issues
The dumpster will eliminate one parking stall in the municipal lot until June 16, 2023. Per the
terms of the attached agreement, the Permittee isresponsible for any repairs made necessary by
damage to the lot.
FINANCIAL IMPACT:
No financial impact is anticipated.
ALTERNATIVES:
1. Motion and Second, as part of the Consent Agenda, toapprove 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.
ATTACHMENTS:
1. Private Use of Public Property Permit
City ofPrior Lake | 4646 Dakota Street SE | Prior Lake MN 55372
RE
M
O
V
E
D
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 23-_____
RESOLUTION APPROVING A PRIVATE USE OF PUBLIC PROPERTY PERMIT
TO ALLOW THE TEMPORARY PLACEMENT OF A DUMPSTER ON THE
MUNICIPAL PARKING LOT LOCATED AT 16381 MAIN AVENUE SE
Motion By: Second By:
WHEREAS, Stanley & Wencl, LLC has requested approval of a Private Use of Public Property
permit to temporarily place a dumpster on the municipal parking lot located at
16381 Main Avenue SE (PID 250020080); and
WHEREAS, the City of Prior Lake requires approval and execution of a Private Use of Public
permit prior to placement ofprivate property on a municipal parking lot; and
WHEREAS, on June 5, 2023, the Prior Lake City Council reviewed and approved the Private
Use of Public Property 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 Private Use ofPublic Property permit and
the City Manager is hereby authorized and directed to execute the Private Use of Public
Property permit on behalf of the City.
thPassedandadoptedbythePriorLakeCityCouncilthis5 day of June 2023.
VOTE Briggs Braid Burkart Churchill Lake
Aye
Nay
Abstain
Absent
Jason Wedel, City ManagerRE
M
O
V
E
D
1
CITY OF PRIOR LAKE
PUBLIC PROPERTY USE PERMIT
This Public Property Use Permit (“PPUP”) is entered into on this _____ day of June, 2023, by and
between the City of Prior Lake, a Minnesota municipal corporation (the “City”), and Stanley &
Wencl, LLC, a Minnesota limited liability company (the “Permittee”).
RECITALS
WHEREAS, Permittee has requested permission of City to place a dumpster (“Dumpster”) on the
municipal parking lot located at 16318 Main Avenue SE, Prior Lake, Minnesota (the “Lot”) Legal
description: Lots 1 & 2, Block 2, Cates Addition (PID: 250020080); and
WHEREAS, City requires approval and execution of this PPUP prior to placement of the Dumpster
on 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. DUMPSTER 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 only that portion of one (1) parking
stall on the Lot depicted on attached Exhibit A to place and use the Dumpster. Said Dumpster
shall be removed by June 16, 2023.
3. PUBLIC USE OF LOT. The use of the Lot for placement and use of the Dumpster is subordinate
to the public’s use of the Lot as a municipal parking lot. The Permittee shall ensure the Dumpster,
or the use of the Dumpster 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 Dumpster) 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 Dumpster including, but not limited to, any claim asserted against the
City as a result of the use of the Dumpster 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.
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
RE
M
O
V
E
D
2
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 from or around the
Dumpster and Permittee further agrees that Lot maintenance on and around the Dumpster,
including 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 two (2) days
from receipt of the written notice to remove the Dumpster and restore the Lot to the condition it existed
in prior to the placement of the Dumpster. 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 Dumpster)
adversely interferes with the publics’ right to use the Lot, the Dumpster is considered a hazard or
danger to the public, the Dumpster becomes deteriorated or damaged, the Dumpster interferes
with maintenance or construction projects in the area, or for any other reason at the City’s sole
discretion.
11. REPAIR. Permitee agrees it will be responsible for the cost of any repairs to the Lot made
necessary due to damage caused by the Dumpster or as a result of any construction activity on
the Lot.
12. ENTIRE AGREEMENT. This PPUP contains all the terms and conditions related to the
placement and use of a Dumpster 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)
RE
M
O
V
E
D
3
CITY:
By:
Jason Wedel
Its: City Manager
PERMITTEE: Stanley & Wencl, LLC
By:
Daniel Stanley
Its:
DRAFTED BY:
City of Prior Lake
4646 Dakota Street SE
Prior Lake, MN 55372
RE
M
O
V
E
D
4
Exhibit A
Dumpster Location
RE
M
O
V
E
D