DISCLAIMER

 

PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE


08-039-O

ORDINANCE NO. __________


AN ORDINANCE AN ORDINANCE GRANTING A CONCURRENT USE PERMIT TO HRLBUT-ZEPPA CHARITABLE TRUST FOR TWO MARQUEE’S TO PROJECT INTO AND OVER THE RIGHT-OF WAY OF EAST SUPERIOR STREET, FOR PROPERTY LOCATED AT 222 EAST SUPERIOR STREET (AH ZEPPA FAMILY FOUNDATION).

CITY PROPOSAL:

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 Hrlbut-Zeppa Charitable Trust, their successors and interests, referred to herein as the permittee, to occupy, erect and maintain two marquee’s into and over that part of east superior street, adjoining Lot 44, westerly half of Lot 46, and the easterly half of Lot 42, Block 1, Central Division Duluth, as the same was dedicated to the use of the public and the plat of central division Duluth, on file and of record in the office of the registrar of deeds in and for St. Louis county, Minnesota, described as follows:

           beginning 2'-11" to the east of the intersection of Lots 42, 44 and Superior Street, project 7'-0" into the Superior Street ROW, for 17'-4" toward the east. Then, beginning 45'-4" to the east of the intersection of Lots 42, 44 and Superior Street, project 7'-0" into the Superior Street ROW, for 17'-4" toward the east.

     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 $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, streets or boulevard areas. 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 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:

           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.

     Section 4. That upon the giving of the notice of termination as aforesaid, the permittees shall remove said awning 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 marquee’s shall be so constructed and at all times maintained so as in no way to interfere with or damage any sewer, water mains, gas mains, pipes, conduits or other public utilities now or to be hereinafter located in any part of said East Superior Street and agree that the city of Duluth shall not be liable for damage caused to such marquee’s 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 fixed awning in said East Superior Street.

     Section 6. That the permittee shall further observe the following conditions:

     (a)  All required building permits shall be obtained for said marquee’s;

     (b)  Written approval must be secured from city engineering prior to construction;

     (c)  Plans as shown on pages V H 4,V H 5, and V H 6 of staff report FN 08031 are the controlling documents for the placement of the marquee’s over the right-of-way;

     (d)  That any alterations to the approved plan that do not alter major elements of the plan may be approved by the director of planning and development without further planning commission or city council action; however, no such administrative approval shall constitute a variance from the provisions of city Charter Chapter XIII Section 100 or Chapter 45, Section 45-4.1 of the City Legislative Code;

     (e)  Permits from building safety are required prior to start of construction.

     Section 7. That this ordinance shall not be valid if the above cited permits in Section 6 are not issued and improvements completed within 12 months from the effective date of this ordinance.

     Section 8. The term of this permit shall expire with the sale of the property by the permittee and said marquees and all fixtures of every kind whatsoever attached thereto shall be removed from the tract of land described above within 60 days, unless the new property owner applies for and received a replacement ordinance within 60 days.

     Section 9. 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.

     Section 10.  That this ordinance shall take effect and be in force 30 days from and after its passage and publication.


PLANNING COMMISSION/PLANNING DIV


STATEMENT OF PURPOSE: This ordinance provides for the installation of two marquee’s over the sidewalk at 222 East Superior Street.


Following the public hearing on May 13, 2008 the planning commission voted 8 yes, 0 no, and 0 abstaining to recommend this concurrent use permit. This ordinance is a counter to Resolution 08-0332 which is to deny the amendments (FN 08031).


Petition Received:

April 1, 2008 by city clerks office.

April 1, 2008 by planning department.