04-004-O
ORDINANCE NO. __________ AN ORDINANCE GRANTING TO DULUTH LAKEWALK OFFICES, LLC, A CONCURRENT USE PERMIT TO CONSTRUCT AND MAINTAIN PARKING SPACES FOR PRIVATE USE IN THE RIGHT-OF-WAY OF 14TH AVENUE EAST.
BY COUNCILOR GILBERT:
The city of Duluth does ordain:
Section 1.
Under the authority of Section 100 of the 1912 Home Rule Charter of the
city of Duluth, as amended, and subject to the conditions, limitations
and restrictions hereinafter set forth, permission is hereby granted to
Duluth Lakewalk Offices, LLC, their successors and interests, referred
to herein as the permittees, to occupy, construct and maintain private
parking spaces in that part of 14th Avenue East right-of-way between London
Road and I-35 (Reference File No. 03145) as the same was dedicated to
the use of the public and the plat of Endion Division of Duluth, on file
and of record in the office of the register of deeds in and for the St.
Louis County, Minnesota, described as follows: 14th
Avenue East right-of-way adjoining Lot 16, Block 18, and Lot 9, Block
17, Endion Division of Duluth.
Section 2.
That before
this ordinance shall be effective for any purpose whatsoever, the aforesaid
permittees shall file with the city clerk a duly executed and acknowledged
written acceptance of the terms of this ordinance; a certificate of insurance
approved as to form by the city attorney evidencing that such person or
organization has in force insurance in the minimum amounts of $1,000,000
for bodily injury or property damage in any one year protecting such person
or organization and the city of Duluth against liability for injuries
or damages resulting from the placement of such objects or materials on
or under public street, sidewalks, boulevard areas or rights-of-way. The
permission granted by such ordinance shall be conditioned upon such person
or organization continuing
to supply the city with evidence that such insurance remains in effect
and all insurance required herein shall contain a provision that no policy
may be canceled until ten days after written notice is given to the city
clerk. Such policy shall name the city as an additional insured; and shall
agree to pay the cost of publishing this ordinance and a recording of
a certified copy thereof at the registrar of titles of St. Louis County,
Minnesota.
Section 3.
That said permit
granted under this ordinance may be terminated at any time when and if
the city of Duluth determines to use the area occupied by said permittees
for any purpose in accordance with the duly dedicated public easement
or other lawful use. Giving the permittees six months written notice by
resolution of the council of the city of Duluth to the last known address
of the permittees shall be sufficient notice of termination.
Section 4.
That upon the
giving of the notice of termination as aforesaid, the permittees shall
remove said parking spaces and all fixtures and appurtenances of every
kind whatsoever attached thereto from the tract of land described above
within said six months, all at the expense and cost of the permittees,
and without right on the part of the permittees to claim from the city
of Duluth, or any of its officers, agents or servants, any compensation,
reimbursement for damages of any kind whatsoever.
Section 5.
That by the acceptance of the terms of this ordinance as aforesaid, the
permittees hereby agree to save harmless and defend and indemnify the
city of Duluth against any claims or demand which may arise against the
city of Duluth by reason of any act or omission of the permittees, and
agree that such parking spaces shall be so constructed and at all times
maintained so as in no way to interfere with or damage any sewer, watermains,
gas mains, pipes, conduits or other public utilities now or to be hereinafter
located in any part of said 14th Avenue East Road right-of-way between
London Road and I-35 and agree that the city of Duluth shall not be liable
for damage caused to such parking spaces while the city is engaged in
making repairs to public utilities provided that the city exercises reasonable
care to avoid such damage, and agree to pay to the city of Duluth all
extra costs of installation of any such sewers, gas mains, water mains,
pipes, conduits or other public utilities made necessary by the presence
of such parking spaces in said 14th Avenue East right-of-way.
Section 6.The
permittee shall, at its expense, protect, support, temporarily disconnect,
relocate in the same street, alley or public place, or remove from the
street, alley or public place, any property of the grantee when required
by the city engineer by reason of traffic conditions, public safety, street
vacation, freeway and street construction, change or establishment of
street grade, installation of sewers, drains, water pipes, power lines,
signal lines and tracks or the installation or repair of any other type
of structures or improvements by governmental agencies, when action in
a governmental or proprietary capacity;
Section 7.
The permittee
shall further observe the following conditions:
(a) That all
city codes will be observed in the construction of said parking areas;
(b)
The type and location of the improvements shall be limited to and maintained
in accordance with the site plan submitted and dated 1.8.04 and on record
as Public Document No. ________;
(c)
The permittee shall maintain all parking area (surfacing, sealing, striping,
plowing, etc.) being created and permitted by this ordinance;
(d)
The permittee shall provide screening, in the form of landscape planting
or an enclosure for dumpsters being maintained in the public right-of-way;
(e)
The permittee shall not prohibit public use of the several spaces being
created within the right-of-way;
(f)
Prior to the
effective date of this ordinance, the permittee shall provide a landscape
planting plan and schedule, to be approved in writing by the secretary
of the planning commission.
Section 8.
That this ordinance
shall take effect and be in force 30 days from and after its passage and
publication.
STATEMENT OF PURPOSE: This ordinance provides for the creation of 15-20 new parking spaces in the 14th Avenue East right-of-way at the south end of 14th Avenue East. This is the dead end area of 14th Avenue East above the I-35 trench.
This ordinance is based on a similar ordinance (#9901- File No. 90-0038) granted to Park Inn International for the portion of South First Avenue East that became excess right-of-way with the construction of the Lake Avenue overpass.
The proposal calls for the creation of 11 new parking spaces, bringing the total to 20, at the south end of and within the 14th Avenue East right-of-way lying south of London Road. The new parking area would be used indefinitely by the Lakewalk Surgery Center during regular business hours and available to the general public at all times.
The applicant states that "the concurrent use permit would be in the public
interest because:
1.)
The new parking area would include some improvements to the entry of the
Rose Garden parking lot.
2.)
The new parking area could be utilized by the public during office business
hours and on the weekend. This would provide additional parking for the
Rose Garden, Leif Erikson Park and Lakewalk.
3.)
This new parking area would be created with a city council ordinance similar
to Ord. #9001, allowing the Park Inn International to develop adjacent
parking areas. Similarities include: a.) That all city building codes
would be observed in the construction of the new parking; and b.) The
Lakewalk Surgery Center would maintain all new parking, being created
on this section of south 14th Avenue East, including surfacing, sealing,
striping, plowing, etc."
The planning commission unanimously recommended approval of this ordinance at their regular meeting of January 13, 2004.
Date
Application Received: November 18, 2003
Action
Deadline: March 17, 2004