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cp05-05-2015AGENDA SPECIAL MEETING - HUTCHINSON CITY COUNCIL TUESDAY, MAY 5, 2015 - 8:00 A.M. 1. CALL MEETING TO ORDER— 8:00 A.M. (a) Approve the Council agenda and any agenda additions and/or corrections NEW BUSINESS 2. APPROVE/DENY SECOND READING AND ADOPTION OF ORDINANCE NO. 15- 0739 — AMENDING FRANCHISE AGREEMENT WITH JUAN PEREZ OF SONORA'$ MEXICAN RESTAURANT TO ALLOW LIQUOR SALES ON SIDEWALK CAFE LOCATED AT 15 2N AVENUE SW 3. APPROVE/DENY SECOND READING AND ADOPTION OF ORDINANCE NO. 15- 0740 — ISSUING FRANCHISE AGREEMENT TO MARC AND ASHLEY DOCKEN OF BELOW ZERO FROZEN YOGURT TO ALLOW A SIDEWALK CAFE LOCATED AT 45 WASHINGTON AVENUE 4. APPROVE/DENY SETTING PUBLIC MEETING FOR THURSDAY, MAY 14, 2015, AT 5:00 P.M. AT HUTCHINSON EVENT CENTER FOR HUTCHINSON WATERS INFORMATIONAL MEETING JULIE WACKER. HANJANI Attorney at Law ��"�sr''��r`��r��v�� a�ir�er��h�e�.��O?�a�ir��6d�•�ir�"�i cA•�ir�a�� cr�r� April 1, 2015 Mr. Marc Sebora Hutchinson City Attorney 111 Hassan Street SE Hutchinson, MN 55350 Re: Sonora's Mexican Restaurant Dear Mr. Sebora: This letter is written on behalf of Sonora's Mexican Restaurant located at 15 Second Avenue SW in Hutchinson. Mr. Juan Perez, Sr., owner of Sonora's, is requesting that his business be allowed to serve alcoholic beverages at the tables located outside his restaurant. If you have any questions, please feel free to contact me. Sincerely, Julie Wacker Hanjani Attorney at Law J WHlka cc: Juan Perez, Sr. 228 Main Street South, Suite 130 Hutchinson, MN 55350 Telephone: 320-587-2232 • Fax: 320-587-5367 hanjani@hutchtel.net JULIE 'WACKER HANJA.NI Attorney at Law April 22, 2015 Mr. Marc Sebora Mr. Matt Jaunich Hutchinson City Attorney City Administrator 111 Hassan Street SE 11 1 Hassan Street SE Hutchinson, MN 55350 Hutchinson, MN 55350 Re: Sonora's Mexican Restaurant Franchise Agreement Dear Mr. Sebora and Mr. Jaunich Enclosed please find the proposed map (not to scale) regarding the Franchise Agreement in the above matter. I have spoken to the insurance agent who will provide me with a certificate and I will forward the same to you as soon as it is received. I have reviewed the Franchise Agreement with Mr. Juan Perez, Sr. and he understands the terms and is in agreement with the same. If you have questions please feel free to contact me. Sincerely, Julie Wacker ]ani r Atto t Law JWHIka enclosure cc: Juan Perez, Sr. 228 Main Street South, Suite 130 • Hutchinson, MN 55350 Telephone: 320-587-2232 • Fax: 320-587-5367 lianjani@hutchtel.net i6; �L c�. ,� ray 1 `� } �'► m"I'c-c4r) />P-5-�au rckVl t Ordinance No. 15-0739 Publication No. AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AMENDING ORDINANCE NO. 11-0669 GRANTING LAS S D n T M n c SONORA' S MEXICAN RESTAURANT THE RIGHT TO PROVIDE A SIDEWALK CAFE OVER AND ABOVE CERTAIN PROPERTY LOCATED IN PUBLIC RIGHT OF WAY ON 2ND AVENUE. THE CITY OF HUTCHINSON ORDAINS: Section 1. The City of Hutchinson, in the County of McLeod, State of Minnesota, hereafter referred to as Grantor, hereby grants to bas P^___~_,_as Sonora's Mexican Restaurant, hereafter referred to as Grantee, a franchise to operate and maintain a Sidewalk Cafe as described in the legal description and in Exhibit A, for the purpose of food and liquor sales on certain property owned by the City of Hutchinson, described as follows: The right of way abutting the south 2/3 of Lot 5, South Half of the City of Hutchinson Section 2. The franchise is granted for a term of five years (5) years commencing on the date of the acceptance of the franchise. Grantee shall file a written acceptance of the franchise with the City Administrator of the City of Hutchinson within ten (10) days after the effective date of this ordinance. The franchise shall become effective only when the acceptance has been filed and evidence of general comprehensive and liability insurance provided for in this grant of franchise has been filed and approved. In addition, an annual fee of $25.00 per year must be paid. Section 3. Grantor reserves the right to enforce reasonable regulations concerning construction, operation and maintenance of facilities located along, over and under the public premises before mentioned and the placement of such facilities. Section 4. Grantee shall indemnify and defend Grantor, its boards, commissions, officers, agents and employees, in any and all other public agencies, and their members, officers, agents and employees, against any and all liabilities for injury to or death of any person or any damage to any property caused by Grantee, its officers, agents or employees in the construction, operation or maintenance of its property, or arising out of the exercise of any right or privilege under the franchise. Section 5. At all times during the term of the franchise, Grantee will, at its own expense, maintain in force general comprehensive liability insurance, with an insurance company approved by the City of Hutchinson, with limits approved by the policies being for the protection of Grantor and its officers, agents and employees, against liability for loss or damage for bodily injury, death or property damage occasioned by the activities of the Grantee under the franchise. Section 6. Grantee shall not have the right to assign the franchise or otherwise transfer it in any manner whatsoever or sell, lease, license, mortgage, or permit others to use transfer in any manner whatsoever any interest in all or any part of its facilities that are installed or operated under this grant, except on prior written approval by ordinance of the City Council of the City of Hutchinson. Section 7. In the event that b Sonora's Mexican Restaurant should cease to exist or should fail to use the franchise for one calendar year, this franchise shall be deemed null and void and shall revert to the City of Hutchinson without any action on the part of the City of Hutchinson whatsoever. Section 8. This ordinance shall take effect from and after passage and publication, subject to the provision above requiring written acceptance by b Sonora's Mexican Restaurant. Section 9. Pursuant to Hutchinson City Code Section 112, a liquor license issued under the provisions of Chapter 112, shall be valid only i the eampaet and efitig ,,,,,s b,,ildi g OF for a space that is compact and contiguous situated on the premises described in the license, and all transactions relating to a sale under the license must take place Within building E)r stmetur-e on the licensed premises. Therefore, *e liquor may only be possessed or consumed in the franchise area as delineated in the description attached as Exhibit A to this ordinance Section 10. A minimum walkway width of four feet must be achieved between the seating area and any other obstructions (signs, lights, etc.). Section 11. This franchise agreement replaces any other franchise agreement previously held by Sonora's Mexican Restaurant and/or Juan Perez. Adopted by the City Council, this 5th day of May, 2015. Mayor ATTEST: City Administrator Exhibit A One line of tables, not more than 7 Feet from the building along 2"d Avenue into the sidewalk area. The length of the cafe would be any area along the building wall, which is leased by the restaurant Ir *rata �'Jf -JF KIr LF—M- �L ur r CF' of. •r—c4-4r'JF Kar LPA - Da- -L to r ve of rr—,(G - 9f 'YF 0 WC QED ND 'X.T.iT'09'L�VE T4O {7 4i x N7 NC 7f D rrwCL•� 9F rx F �e'Lew�v n tra Wr -W Lryr -^-7 ura Flf. rrmKL — W 7r LCvmI)'C rr KrXm a Lr K C0r C F Fru-ir LD IM. r!"4{e i.+fi r Or F �raa l L�r}Gv 8rT7r e'i 7✓tl NChF ?7 r-0 W AVE �Crr LK --i4— rCL" L D DQ zZ-Vwcar y Kar rELrr. ckc Ln _n r>r r 1 perrr^raq- FWrtO . Fi Oa -W4 Ss"r S--r.i[W a Kar[..+!'[v. [sr�[ LL4 jr, .as.•'Jr 14, Kd u, rc- mr.ir. uL L.ZY L^YKTi Dr mob+ ?t 9 ¢rirFG+.c[[[atx� ga .ate y r y rtx � [7aC DS •b •'9r9 MD A�w 9 -%0" 10%L Q LD CD[ PILOor s Sw[ c2 v7rjchi,,Q Ordinance No. 15-0740 Publication No. AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, GRANTING BELOW ZERO FROZEN YOGURT LLC THE RIGHT TO PROVIDE A SIDEWALK CAFE OVER AND ABOVE CERTAIN PROPERTY LOCATED IN PUBLIC RIGHT OF WAY AT 45 WASHINGTON AVENUE THE CITY OF HUTCHINSON ORDAINS: Section 1. The City of Hutchinson, in the County of McLeod, State of Minnesota, hereafter referred to as Grantor, hereby grants to Below Zero Frozen Yogurt LLC, hereafter referred to as Grantee, a franchise to operate and maintain a Sidewalk Cafe as described in the legal description and in Exhibit A, for the purpose of placing tables and chairs on certain property owned by the City of Hutchinson, described as follows: The right of way abutting Condo No 4 45 Library Square Block -049 Unit 102 Section 2. The franchise is granted for a term of five years (5) years commencing on the date of the acceptance of the franchise. Grantee shall file a written acceptance of the franchise with the City Administrator of the City of Hutchinson within ten (10) days after the effective date of this ordinance. The franchise shall become effective only when the acceptance has been filed and evidence of general comprehensive and liability insurance provided for in this grant of franchise has been filed and approved. In addition, an annual fee of $25.00 per year must be paid. Section 3. A minimum walkway width of four feet must be achieved between the seating area and any other obstructions such as signs, lights, stamped sidewalk, etc. Section 4. Grantor reserves the right to enforce reasonable regulations concerning construction, operation and maintenance of facilities located along, over and under the public premises before mentioned and the placement of such facilities. Section 5. Grantee shall indemnify and defend Grantor, its boards, commissions, officers, agents and employees, in any and all other public agencies, and their members, officers, agents and employees, against any and all liabilities for injury to or death of any person or any damage to any property caused by Grantee, its officers, agents or employees in the construction, operation or maintenance of its property, or arising out of the exercise of any right or privilege under the franchise. Section 6. At all times during the term of the franchise, Grantee will, at its own expense, maintain in force general comprehensive liability insurance, with an insurance company approved by the City of Hutchinson, with limits approved by the policies being for the protection of Grantor and its officers, agents and employees, against liability for loss or damage for bodily injury, death or property damage occasioned by the activities of the Grantee under the franchise. Section 7. Grantee shall not have the right to assign the franchise otherwise transfer it in any manner whatsoever or sell, lease, license, mortgage, or permit others to use transfer in any manner whatsoever any interest in all or any part of its facilities that are installed or operated under this grant, except on prior written approval by ordinance of the City Council of the City of Hutchinson. Section 8. In the event that Below Zero Frozen Yogurt should cease to exist or should fail to use the franchise for one calendar year, this franchise shall be deemed null and void and shall revert to the City of Hutchinson without any action on the part of the City of Hutchinson whatsoever. Section 9. This ordinance shall take effect from and after passage and publication, subject to the provision above requiring written acceptance by Below Zero Frozen Yogurt LLC. Adopted by the City Council, this 5th day of May, 2015. 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