DISCLAIMER

06-0591R


RESOLUTION GRANTING A SIDEWALK OBSTRUCTION PERMIT TO PIZZA LUCÉ III AND A&L PROPERTIES, INC., FOR A SIDEWALK CAFÉ AT 11 EAST SUPERIOR STREET.

BY COUNCILOR GILBERT:

     RESOLVED, that the city council makes the following findings:

     (a)  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;

     (b)  Pizza Lucé III, Inc., and A&L Properties, 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;

     (c)  Pursuant to Section 45-4.1, the city planning commission, at its regular meeting on August 8, 2006, 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. 06073).

     RESOLVED FURTHER, based upon the above-noted findings, that Pizza Lucé III, Inc., and A&L Properties, Inc., are hereby permitted to place certain exterior furnishings, described below, on or within the sidewalk area of the right-of-way of East Superior Street of the city of Duluth and the exterior furnishings be limited to that area immediately adjacent to the Pizza Luce restaurant, subject to the following conditions:

     (a)  The exterior furnishings permitted by this resolution are limited to the following: no more that 11 tables, 40 chairs, server station and decorative fencing for boundary delineation;

     (b)  The table and seating area and server station area shall be delineated from the public pedestrian way by a decorative fence. This decorative fence shall be removed during all times that tables and chairs are not in place as well as when the restaurant is not open for business;

     (c)  All exterior furnishings to be placed on the sidewalk shall be approved in writing by the city architect, whose approval shall not be unreasonably withheld. The purpose of this review and approval is to ensure that the exterior furnishings are complimentary to the design character of the area and to protects the public’s safety;

     (d)  The exterior furnishings permitted shall be located such that a public pedestrian walkway be maintained that is not less than six feet in width as measured from any permanent or temporary obstructions including, but not limited to fire hydrants, lamp posts, flower planters and newspaper stands;

     (e)  That the placement of exterior furnishings shall be located according to the criteria above only during the hours of operation of Pizza Lucé III, Inc., and shall be removed from the sidewalk when the business is closed;

     (f)  That the applicant shall be responsible for policing refuse in the immediate area, which includes removing all food and beverage spills from the sidewalk surface;

     (g)  No amplified music shall be used in the sidewalk obstruction area;

     (h)  That the applicant be on notice that this permit is not exclusive and that the city may require the permittee to remove the exterior furnishings 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;

     (i)  This permit shall be in effect until the lease currently held by Pizza Lucé III, Inc., is terminated or transferred to another party, at which time renewal may be requested;

     (j)  This permit is subject to revocation by a resolution of the city council and 14 days notice to the permittee for failure to maintain the terms and conditions of this permit or at the discretion of the city.

     RESOLVED FURTHER, that before this resolution shall be effective for any purpose whatsoever, the aforesaid permittee 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 the permittee has in force insurance meeting the following requirements:

     (a)  A comprehensive general liability insurance policy shall be maintained in force by permittee in an amount not less than $1,000,000 for bodily injuries and in an amount not less than $300,000 for property damage or $1,000,000 single limit coverage. Such coverage shall include all permittee activities occurring on the permitted premise whether said activities are performed by employees or agents under contract to permittee. Such policy of insurance shall be approved by the city attorney and shall contain a condition that it may not be cancelled without 30 days written notice to the city of Duluth. The city of Duluth shall be named as an additional insured on said policy of insurance required by this paragraph. Current ISO additional insured endorsement CG 20 10 is not acceptable. If the ISO 20 10 is used, it must be a pre-2004 edition.

     RESOLVED FURTHER, that this permit shall expire on January 1, 2008, for any purpose whatsoever, unless prior to such date, permittee files with the city clerk certificates of insurance evidencing that permittee has in force insurance meeting the following requirements:

     (a)  Comprehensive general liability insurance policy shall be maintained in force by permittee in an amount not less than $1,200,000 for bodily injuries and in an amount not less than $400,000 for property damage or $1,200,000 single limit coverage. Such coverage shall include all permittee activities occurring on the permitted premise whether said activities are performed by employees or agents under contract to permittee. Such policy of insurance shall be approved by the city attorney and shall contain a condition that it may not be cancelled without 30 days written notice to the city of Duluth. The city of Duluth shall be named as an additional insured on said policy of insurance required by this paragraph. Current ISO additional insured endorsement CG 20 10 is not acceptable. If the ISO 20 10 is used, it must be a pre-2004 edition.

     RESOLVED FURTHER, that this permit shall expire on July 1, 2009, for any purpose whatsoever, unless prior to such date, permittee files with the city clerk certificates of insurance evidencing that permittee has in force insurance meeting the following requirements:

     (a)  Comprehensive general liability insurance policy shall be maintained in force by permittee in an amount not less than $1,500,000 for bodily injuries and in an amount not less than $500,000 for property damage or $1,500,000 single limit coverage. Such coverage shall include all permittee activities occurring on the permitted premise whether said activities are performed by employees or agents under contract to permittee. Such policy of insurance shall be approved by the city attorney and shall contain a condition that it may not be cancelled without 30 days written notice to the city of Duluth. The city of Duluth shall be named as an additional insured on said policy of insurance required by this paragraph. Current ISO additional insured endorsement CG 20 10 is not acceptable. If the ISO 20 10 is used, it must be a pre-2004 edition.

     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 Pizza Lucé III, Inc., permission to create a “sidewalk café” on the Superior Street sidewalk in front of their business at 11 East Superior Street. The sidewalk café would consist of not more than 11 tables, 40 chairs, server station and decorative fencing. The sidewalk café would be delineated from the public pedestrian way by a decorative fence. The tables, chairs and fencing selected for the sidewalk café is to be approved by the city architect to ensure that it is complimentary to the design character of the area and to protect the public’s safety. The applicant is required to place the sidewalk café such that the public pedestrian way is a minimum of 6 feet in width, to clean up all spills and trash generated by the sidewalk café, that the exterior furnishings be removed when the business is closed, that no amplified music be used, and that Pizza Lucé III, Inc., provide proof of sufficient liability insurance to protect the city from claims. The permit will be in effect until the current building lease Pizza Lucé III, Inc., has is terminated or transferred. The city can revoke the sidewalk obstruction permit if the terms of permit are not adhered to by Pizza Lucé III, Inc. The city planning commission reviewed this permit request and recommended it for approval at its regular meeting on August 8, 2006.