DISCLAIMER

 

07-022-O

ORDINANCE NO. __________


AN ORDINANCE GRANTING TO GRANDMA’S RESTAURANT COMPANY A CONCURRENT USE PERMIT TO OCCUPY, SERVE AND MAINTAIN TABLES AND CHAIRS AND SERVE LIQUOR ON THE ELEVATED PUBLIC SIDEWALK/DECK IN BUCHANAN STREET AND CANAL PARK DRIVE, AND IMPOSING CERTAIN CONDITIONS, LIMITATIONS AND RESTRICTIONS IN RELATION TO SUCH CONCURRENT USE PERMIT (LITTLE ANGIE’S CANTINA AND GRILL, 11 BUCHANAN STREET).

BY COUNCILOR STAUBER:

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 Grandma’s Restaurant Company, their successors and interests, referred to herein as the permittees, to occupy, serve and maintain chairs and tables and, if an area is separated and duly licensed, serve liquor on an elevated public sidewalk/deck adjacent to Lots 2 and 4, St. Croix Avenue and Buchanan Street, as the same was dedicated to the use of public in the plat of Cowells Addition to 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:

     (a)  That portion of Buchanan Street lying between two parallel lines which are at right angles to the southeasterly lot line of Lot 2 located 70 feet and 55 feet southwest of the northeast line of said Lot 2 extended and northwest of a line 25-1/2 feet southeasterly from and parallel to the southeasterly line of said Lot 2;

     (b)  That portion of Buchanan Street lying between two parallel lines, at right angles to the southeasterly lot line of Lot 2, described above, located 42 feet and six feet west of the northeast corner of said Lot 2 and extending nine feet southwesterly from said lot line;

     (c)  That portion of Canal Park Drive (St. Croix Avenue) lying between two parallel lines, at right angles to the northeasterly lot line of Lots 2 and 4, described above, located six feet and 15 feet northwesterly of the southeast line of said Lot 2 extended, and southwest of a line 5-1/2 feet northeasterly of northeast lot line; additionally that part of Canal Park Drive (St. Croix Avenue) located between two parallel lines, at right angles to the northeasterly lot line of Lots 2 and 4, located 15 feet and 71 feet northwesterly of the southeast line of Lot 2 extended and southwest of a line 6-1/2 feet northeasterly of said lot line of Lots 2 and 4;

     (d)  That portion of Canal Park Drive and Buchanan Street lying between two parallel lines at right angles to the southeasterly lot line of Lot 2, St. Croix Avenue, Cowell’s Addition to Duluth, located ten feet, two inches southwest of the northeast corner of Lot 2 and two feet, nine inches northeast of the northeast corner of Lot 2, and between two parallel lines parallel to the southeasterly lot line of Lot 2 located 17 feet, nine inches and 27 feet, seven inches southeast of Lot 2.

     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 the permittees have in force insurance meeting the following requirements:

     (a)  A commercial general liability insurance policy shall be maintained in force by permittees 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 permittees’ activities occurring on the permitted premise whether said activities are performed by employees or agents under contract to permittees. Such policy of insurance shall be evidenced by a certificate of insurance filed with the city, 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. The city reserves the right to amend its insurance requirements and the permittees shall file evidence of insurance that conforms to any amended insurance requirements within ten days of such notice.

     Section 3. That this permit shall expire on January 1, 2008, for any purpose whatsoever, unless prior to such date, permittees file with the city clerk certificates of insurance evidencing that permittees have in force insurance meeting the following requirements:

     (a)  Commercial general liability insurance policy shall be maintained in force by permittees 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 permittees’ activities occurring on the permitted premise whether said activities are performed by employees or agents under contract to permittees. Such policy of insurance shall be evidenced by a certificate of insurance filed with the city, 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.

     Section 4. That this permit shall expire on July 1, 2009, for any purpose whatsoever, unless prior to such date, permittees file with the city clerk certificates of insurance evidencing that permittees have in force insurance meeting the following requirements:

     (a)  Commercial general liability insurance policy shall be maintained in force by permittees 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 or equivalent approved by the city attorney. Such coverage shall include all permittees activities occurring on the permitted premise whether said activities are performed by employees or agents under contract to permittees. Such policy of insurance shall be evidenced by a certificate of insurance filed with the city, 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.

     Section 5. 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 6. That upon the giving of the notice of termination as aforesaid, the permittees shall remove said tables and chairs and all fixtures and pertinences of every kind whatsoever 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 7. 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 or permittees’ use or operation of the area.

     Section 8. The permittees 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 9. The permittees shall further observe the following conditions:

     (a)  Chairs shall be durable and stackable for cleaning and security purposes. The specific chair and table manufacturer and design shall be approved by the Downtown Waterfront Mixed-Use Design Review District (DWMX-D) technical design advisory committee;

     (b)  The permitees shall be on notice that this permit is not exclusive, and that the city encourages other uses of the deck which will cause them to temporarily remove the tables and chairs. The tables and chairs shall be removed within a minimum of one week’s prior notice from the city;

     (c)  The permitees shall be responsible for maintaining and timely removing trash from trash receptacles on the Buchanan Street deck and within ten feet of said deck;

     (d)  The placement of tables and chairs should not block fire access or access to equipment;

     (e)  The tables and chairs shall be secured at night (with cables) to the front of the building or to the deck;

     (f)  There shall be a maximum number of 27 tables and 108 chairs, and that such tables and chairs shall be limited to the designated areas shown on Public Document No. ____________________;

     (g)  Up to 12 umbrellas over the tables may be placed on the deck, with the design of such umbrellas, including graphics, colors, and materials, shall be approved by the Downtown Waterfront Mixed-Use Review District (DWMX-D) technical design advisory committee and that graphics shall not address a specific business, but may identify the general building name;

     (h)  Waiters and waitresses may serve on the deck. Said areas to be delineated by posts and ropes constructed and installed in accordance with Public Document No. ________________. The ropes shall be removed during all times the permittees’ restaurant is not open for business. Posts shall be removed each year between November 15 and April 15 except during such times the permittees choose to serve at tables. If a proper alcoholic beverage license for any part of the premises is separately and duly issued, liquor service may be permitted but only in the following areas on Buchanan Street and Canal Park Drive and only upon receipt of an approved liquor license(s) for said areas:

           (1)  That portion of Buchanan Street lying between two parallel lines which are at right angles to the southeasterly lot line of Lot 2 located 70 feet and 55 feet southwest of the northeast line of said Lot 2 extended and northwest of a line 25-1/2 feet southeasterly from and parallel to the southeasterly line of said Lot 2;

           (2)  That portion of Buchanan Street lying between two parallel lines, at right angles to the southeasterly lot line of Lot 2, described above, located 42 feet and six feet west of the northeast corner of said Lot 2 and extending nine feet southwesterly from said lot line;

           (3)  That portion of Canal Park Drive (St. Croix Avenue) lying between two parallel lines, at right angles to the northeasterly lot line of Lots 2 and 4, described above, located six feet and 15 feet northwesterly of the southeast line of said Lot 2 extended, and southwest of a line 5-1/2 feet northeasterly of northeast lot line; additionally that part of Canal Park Drive (St. Croix Avenue) located between two parallel lines, at right angles to the northeasterly lot line of Lots 2 and 4, located 15 feet and 71 feet northwesterly of the southeast line of Lot 2 extended and southwest of a line 6-1/2 feet northeasterly of said lot line of Lots 2 and 4;

           (4)  That portion of Canal Park Drive and Buchanan Street lying between two parallel lines at right angles to the southeasterly lot line of Lot 2, St. Croix Avenue, Cowell’s Addition to Duluth, located ten feet, two inches southwest of the northeast corner of Lot 2 and two feet, nine inches northeast of the northeast corner of Lot 2, and between two parallel lines parallel to the southeasterly lot line of Lot 2 located 17 feet, nine inches and 27 feet, seven inches southeast of Lot 2;

     (i)  The permittees shall have the right and responsibility to control the areas described in (h) above in regard to liquor laws. The general public shall have the right to occupy tables in these areas without making a purchase from the permittees, so long as said members of the public are orderly and violate no provision of the law. Signs are to be placed at each end of the pedestrian easement and at the bottom of the stairway indicating the public’s right to use such pedestrian easement. Further, these areas shall be signed to state: “This confined area is available for use by the general public without the necessity of making a purchase, so long as members of the public are orderly and violate no provision of the law.” Such sign shall be displayed on the posts as shown in Public Document No. 94-0620-04;

     (j)  Changes to the design of the posts and ropes shall be approved by the Downtown Waterfront Design Mixed-Use District (DWMX-D) technical design advisory committee prior to their fabrication.

     Section 10.The term of this permit shall expire on April 10, 2017.

     Section 11.That this ordinance shall take effect and be in force 30 days from and after its passage and publication.


STATEMENT OF PURPOSE:  This ordinance allows the Little Angie’s Cantina and Grill to continue use of the deck as previously permitted, and includes the area along Canal Park Drive and Buchanan Street which was not included previously. The planning commission desired a renewal date to assure compliance to the conditions of the concurrent use permit which is April 10, 2009.


The planning commission held a public hearing on this petition at their regular meeting of April 10, 2007. A motion to approve, with conditions, the petition passed on a vote of 10 to 0.


Does not require a deadline for action.