BY COUNCILOR GILBERT:
WHEREAS, Section 45-4.1 of the Duluth City Code, 1959, as amended, allows the city council, by resolution, to allow the placement of objects or material on the public sidewalks or boulevard areas where the city council finds that such objects will not substantially interfere with pedestrian traffic and that the placement of such objects is beneficial to the public welfare; and
WHEREAS, Pizza Luce' III, Inc., and A&L Development, Inc., have requested permission to place tables and chairs on the sidewalk of the Superior Street right-of-way of property located at 11 East Superior Street, described as Superior Street right-of-way adjoining Lots 1 and 3, East Superior Street, Duluth Proper First Division; and
WHEREAS, per Section 45-4.1, the city planning commission has reviewed this request and considered the comments and recommendations of the director of public works and recommends the conditional placement of the tables and chairs (Reference File No. 04034).
BE IT RESOLVED, by the city council of the city of Duluth, that Pizza
Luce' III, Inc., and A&L Development, Inc., are hereby permitted to
place up to 11 tables and 40 chairs in accordance with the drawing identified
as city council Public Document No _______ on or within the sidewalk area
of the right-of-way of East Superior Street of the city of Duluth, subject
to the following conditions:
RESOLVED FURTHER, that before this resolution 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 resolution; 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 $300,000 for bodily injuries resulting in any year and $50,000 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 public sidewalks or boulevard areas. The permission granted by such resolution 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.
RESOLVED FURTHER, the approval was made because of the city planning commission's findings that appropriate safeguards will exist to protect the comprehensive plan and to conserve and to protect property values in the neighborhood if conditions are observed.
STATEMENT OF PURPOSE: This resolution grants an obstruction of sidewalk permit to Pizza Luce' III, Inc., and A&L Development, Inc., for the placement of up to 11 tables and 40 chairs within a liquor service area, measuring not more than six feet wide, extending from the front of the building (one-half of the existing sidewalk width) by 80 feet in length extending easterly from the Lake Avenue corner of the building. The planning commission unanimously approved this resolution at its April 28, 2004, meeting. Date application received: 3/23/2004; Action deadline: NA.