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).

NOW, THEREFORE, 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:
(a) That the applicant be on notice that this permit is not exclusive, and that the city may require the permittee to remove the tables and chairs for specific events conducted in the East Superior Street area; the areas described above shall be open to the general public, the general public shall have the right to occupy tables and chairs in the area subject to this permit without making a purchase from the permittee, so long as said members of the general public are orderly and violate no provisions of the law;
(b) That the applicant shall be responsible for policing refuse in the immediate area;
(c) That the placement of the tables and chairs shall be located within the approved sidewalk area during the hours of operation of Pizza Luce' III, Inc., and shall be removed from the sidewalk when the business is closed;
(d) The maximum number of tables and chairs permitted in the Superior Street sidewalk in front of the building, shall be located only in the area illustrated in the city council public document;
(e) The area shall be delineated by posts and ropes placed in accordance with the city council public document. These posts and ropes shall be removed during all times the restaurant is not open for business;
(f) The term of the permit be shall be until October 15, 2005, at which time renewal may be requested;
(g) This permit is subject to revocation by a resolution of the city council and notice to the permittee for failure to maintain the terms and conditions of this permit.

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.