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HomeMy WebLinkAbout11925RESOLUTION NO. 11925 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO VICTORIA’S MARKET & DELI FOR THE USE OF THE PUBLIC RIGHT OF WAY AT 218 SOUTH VICTORIA STREET FOR THE PURPOSE OF OPERATING A SIDEWALK CAFE BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to Victoria’s Market & Deli for the use of the public right of way at 218 South Victoria Street for the purpose of operating a sidewalk café. SECTION 2. The use of the public right-of-way granted hereby is subject to all limitations, terms and conditions set forth in the attached Revocable Permit. INTRODUCED: June 28, 2010 BY: Vera Ortegon /COUNCILPERSON Background Paper for Proposed RESOLUTION DATE: JUNE 28, 2010AGENDA ITEM # M-6 DEPARTMENT: PUBLIC WORKS DIRECTOR – EARL WILKINSON, P.E. TITLE A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO VICTORIA'S MARKET & DELI FOR THE USE OF THE PUBLIC RIGHT OF WAY AT 218 SOUTH VICTORIA STREET FOR THE PURPOSE OF OPERATING A SIDEWALK CAFE ISSUE Should City Council issue a Revocable Permit to Victoria's Market & Deli for the purpose of operating a sidewalk cafe? RECOMMENDATION The Revocable Permit Review Committee recommends approval of this Resolution. BACKGROUND Victoria’s Market & Deli has requested the use of the right of way adjacent to 218 South Victoria Street to operate a sidewalk café. FINANCIAL IMPACT None. REVOCABLE PERMIT Pursuant to the authority granted by Section 16 -9 of the Charter of Pueblo, a Municipal Corporation, (the "City"), the City Council of City hereby grants the following revocable permit to Permittee subject to and conditioned upon the provisions herein contained and the Permittee's compliance therewith: 1. Name, Address and Telephone Number of Permittee: Victoria's Deli & Catering, 218 S. Victoria, Pueblo, CO 81003 (719) 546 -2354 2. Permitted Area: 218 S. Victoria 3. Purpose of Revocable Permit: Sidewalk Cafe 4. Authorized Improvements: 5. Commencement Date: June 28 2010 Time: 6. Ending Date: Indefinite Time: PERMITTEE IN CONSIDERATION OF THE ISSUANCE AND GRANTING OF THE ABOVE DESCRIBED REVOCABLE PERMIT (THE "PERMIT ") REPRESENTS, WARRANTS AND AGREES: (a) The Permitted Area shall be used for the above - specified Purpose of Revocable Permit. No use of the Permitted Area shall be made before the time of the Commencement Date. (b) All structures, fences, tables, chairs, equipment or other improvements authorized to be placed in the Permitted Area by Permittee (the "Improvements ") shall be constructed, installed, and maintained by Permittee in compliance with all applicable codes, ordinances, rules and regulations of City and this Permit. (c) If the Revocable Permit is issued for a sidewalk cafe, the Permittee and sidewalk cafe shall be subject to all the provisions, conditions and requirements contained in section 9 -10 -84 of the Pueblo Municipal Code, or as same may be amended, which are incorporated herein by reference. In addition, no Improvement shall be tied -down or chained to any tree within or adjacent to the Permitted Area nor shall any Improvement be installed or located in such a manner as to hinder or interfere with the opening of motor vehicle doors or passenger movement to and from motor vehicles parked adjacent to or near the Permitted Area. (d) If this Permit is issued for the use of the public right -of -way for a special event, Permittee shall deposit with the City the sum of $500.00 ( "Deposit "). The Deposit will be forfeited to the City if Permittee does not remove all Permittee's equipment and property from, and clean and restore the Permitted Area to its original condition before the Time of the Ending Date. If so timely removed and cleaned, the Deposit will be returned to Permittee. (e) Before the Time of the Ending Date, or immediately upon any other termination of this Permit, Permittee shall, at Permittee's expense, remove all of Permittee's Improvements from the Permitted Area and clean and restore the Permitted Area to its original condition. Failure to timely remove all of Permittee's Improvements from the Permitted Area and clean and restore the Permitted Area to its original condition shall constitute Permittee's abandonment of the Permittee's Improvements, and City may, at Permittee's expense, remove and dispose of Permittee's Improvements and clean and restore the Permitted Area to its original condition. Permittee agrees to pay all City's costs and expenses, including reasonable attorney fees, incurred in the enforcement of this Permit. (f) Permittee shall keep all Improvements and Permitted Area in good, clean and safe condition and repair, free from litter, waste and debris. (g) Permittee shall indemnify, defend and hold City, its officers, agents and employees harmless from and against any and all suits, claims, liabilities, loss, damages and expenses, including reasonable attorney fees and cost of defense, arising, directly or indirectly, from or caused by the issuance of this Permit or the conditions hereof, or the existence, construction, installation, repair or maintenance of the Improvements in the Permitted Area, or the use of the Permitted Area or Improvements by Permittee, its officers, agents, employees, invitees or general public. (h) Neither this Permit nor any of the privileges granted to Permittee hereby, may be conveyed, assigned, transferred or sublet by Permittee without the prior written consent of the City Council of City. Any attempted conveyance, assignment, transfer or subletting of the Permit or Permitted Area without the written consent of the City Council of Pueblo shall be void and of no effect and shall cause this Permit to be automatically revoked. CA — 4/6/10 (i) Permittee shall keep and maintain commercial general liability insurance covering the Permitted Area and Improvements in amounts not less than $1,000,000.00 combined single limits per occurrence and aggregate, naming the City as an additional insured and contain a waiver of rights of subrogation against City. A certificate for such insurance and each renewal thereof shall be delivered to the City. Failure to maintain such insurance shall cause this Permit to be automatically revoked. (j) Trees, landscaping and shrubbery within or adjacent to the Permitted Area shall be protected from damage or injury by Permittee and shall not be removed except after receipt by the Permittee of the written consent of the City's Director of Parks and Recreation. (k) Any notice or other document required or permitted herein shall be in writing and delivered personally or by first class mail, postage prepaid, as follows: (i) If to Permittee, at the address shown in paragraph 1 above. (ii) If to City, 1 City Hall Place, Pueblo, Colorado, 81003, Attention: Revocable Permit Review Committee. Each party reserves the right to change its address provided notice of such change is given in accordance with this paragraph (k). (I) City reserves and is hereby granted by Permittee access to, under and through the Permitted Area for any and all purposes. City may injure, damage or remove any and all Permittee's Improvements in the Permitted Area in exercising the right of access hereby reserved and granted. Permittee assumes the risk of injury, loss and damage to Permittee's Improvements within the Permitted area, and City shall have no responsibility or liability for any damage or injuries thereto, whatsoever the cause, including, but not limited to, the acts or omissions of City, its officers, employees, or agents. (m) This Permit shall terminate upon the occurrence of any one of the following events: (i) the Time of the Ending Date, (ii) abandonment or non -use by Permittee for a period of three (3) consecutive months, (iii) surrender or cancellation of the Permit in writing by Permittee, (iv) automatic revocation as provided in paragraphs (h) and (i) above; or (v) revocation or termination of this Permit by resolution of the City Council of City. (n) Permittee acknowledges and agrees that this Permit is temporary and subject to revocation or termination by resolution of the City Council of City, in its sole discretion, for any reason or no reason, at anytime, without liability to City, and without notice to or hearing by Permittee. Permittee waives any and all right or claim to such notice, hearing, and liability of the City. Signed in Pueblo, Colorado this (p day of M. ()ll , 20)0 . PERMITTEE: , Organizat' : V 1 Gfo r, Gt.' / 6-1--Or t e r De., I r a By' ' /� r /: . . / /' Title: t 1L2( V STATE OF COLORADO ) COUNTY OF PUEBLO ) Ss The foregoing instrument was acknowledged before me the .�C' day of m , 20 10 by l/ I n all I�� {�1, 1' as �,tt�Y}P�f�' I • My commission expires: t-} 1.D [SEAL] I Notary Public APPROVED this 28th day of June , 20 10 . PUE:t, a M icipal Corporation By 1 / Vrce P - si,ent •ft ity Council CA — 4/6/10 REVOCABLE PERMIT APPLICATION EXHIBIT "A" Sidewalk Cafe Application Attachments 1. Elisabeth Millenet 1237 N. Shatton Dr. Pueblo West, CO 81007 (719) 647 -0672 2. All of Lot 7 except the Southwesterly 0.50 feet thereof and all of Lot 8, Block 49, in the former Town of South Pueblo, County of Pueblo, State of Colorado (commonly known as: Victoria's Gourmet Market & Deli) 218 S. Victoria Ave, Pueblo S. Victoria Avenue Note: Tax Records are listed under 220 S. Victoria Ave. 3. JM Properties of Pueblo, LLC 1237 Longwood Ave. Pueblo, CO 81004 4. Sketch Plan: See Attachment "A" 5. Description of Proposed Use: See "Letter of Intent" 6. A waste receptacle will be located near the entrance of the building for paper products and solid waste will be discarded inside the restaurant by staff. Receptacle shall be stored inside at night. 7. All equipment shall be placed in such fashion so as not to impede egress into or from the restaurant in the event of fire or emergency and shall be stored inside at night. 8. Certificate of Zoning Compliance: See Attachment `B" 9. 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'.''','‘'%'' 3 r 4 ' itt,- t , _ M ' r B'A, ,: '� t 4 -•s 6 ,... r s -�•- >r . * loss - ! s ^ � - v '>✓ ! , s . c" ^a, *'a F � a t r ,( ,r . t ; t l a �" A� t ". �`! . � �?` • ti; � � rY � � 4� "�ri � „t t i. 9 p ., ?} a i,., y^! f A s a t , $, � , s a 'M1. ♦ q �+ -:,',4--:.,-;,,,.. r a ?. '�^ ' r ! Vie' '-'7:.:',,,, 4' !µ w>•{+ ' q L r�Y 5 ,i K rv r^i. i l 1;. . 'Y� r h'r�'f'. t+ , 5J • r ti N ,� * '40. c "` i l r ai ^ t r ° X ";,,44'...i''''',4' ` zif 5 r ° i} . yx�s'' '} „../..,-.. x F ,rk: P �, 'x ,' '�i ..� # ry' 'r s � ( ' f 'o r k a X14 r M ' ;# a ° �” -f x . ., ' < z , i 4 , 4' , :„:: . •,, s � ; . t. 4 . °•.P' i:7'.'1" - o�� . '.1.: : a k ..., pH ''* e'd f � rC -. � '¢F t! . ar S ' r � r , T �- 3 3 F'c G .°. ' tk, - , '� l e , d , F s t r �x '` x ° P -` a 'ham k 2. r • } .. -; • '' � � L x �. s t am!>' ',,..':.,;-,!..,#-,;-,-',‘,.:. s _ it ��r '��.� 'r� c "' 0 w EXHIBIT A 218 S. VICTORIA AVE REVOCABLE PERMIT APPLICATION LETTER OF INTENT Elisabeth Millenet 1237 N. Shatton Dr. Pueblo West, CO 81007 03/15/2010 Dear City Council: As operator of Victoria's Gourmet Market & Deli on 218 S. Victoria Avenue, I would like to increase my business, but to do so requires additional seating that I currently do not have inside the restaurant. Therefore, with your permission, I would like to be allowed to offer outdoor seating on Victoria Avenue. It is my intent to utilize the adjacent sidewalk (S. Victoria Avenue) as an expansion of my current dining area, offering sidewalk cafe seating featuring one (1) 80" round table and four (4) 30" x 30" square tables plus twenty (20) chairs. To further enhance my business and bring more attention to downtown Pueblo, I would like to be permitted use of a gas Bar -B -Que Grill, Espresso Cart, Popcorn Cart and or a display shelf for . gourmet food items and fresh flowers should I so desire. All equipment shall be removed from the sidewalk at day's end. I appreciate your consideration of my proposal and look forward to your review and decision. Sincerely, aki Elisabeth Millenet Asst. City Hobson Mana er or (�I ,'� I?'i r JI'7 I , ;� "I ( G `. Jeff Ci ty Bailey, P.E. 9 f _ e p Asst. City Manager for Community Investment „ ' Development Services Erl� Y 11: �Ir ll ; �l��l1711iI ilil� 1— = I e iihMf l`.`rn 'IV�I HY H \14'.11 1 \H( I X 19 %H / 87 2 010 . Planning & Community Development Jerry M. Pacheco, Director CERTIFICATE OF ZONING Date: April 26, 2010 To: Elisabeth Millenet 1237 N. Shatton Dr., Pueblo West, CO 81007 The property located at: 218 S. Victoria Avenue (220 S. Victoria) Legally described as: LOT 7 LESS SWLY 0.5 FT ALL 8 BLK 49 S PUEBLO Is zoned: B -4, Regional Business District Current /Proposed Use: Commercial Which would allow: Uses by right. A use by right is any use which is primarily retail, office, commercial, finance, transient residence, including bed and breakfast homes, bed and breakfast inns, adult entertainment, government, service, social or cultural in nature (including parking lot and parking structure), which serves the public good and which does not involve the manufacture or production, fabrication or rebuilding or the bulk storage, warehousing or wholesaling of merchandise. (Utilities as outlined in Section 17- 4 -30.) 1. Residential uses that existed before February 1, 1968. Uses by review. A use by review is any of the following uses which are permitted only upon issuance of a special use permit. 1. Bulk storage, warehousing or wholesaling. 2. Community correctional facility or program. 3. Homeless shelter. 4. Private recreation and amusement facilities. 5. Tower (antenna). 6. Crematory. Residence — commercial, apartments, or condominiums. Notes: We have no zoning violations or nonconforming issues on file for this property. 4111 r %l Jerry ► Pa heco Land V e A s ministrator (719) 553 -2259 Jun, 16, 2010 1:25PM Western Group Inc— Pueblo No. 7140 LP....m1A/2VD ���v i,;hli flFK(rA 1L, VI LIAthLl I'Y INSURANCE PICDJO os /16/10 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFOR TION ,, Wes tern Group Inc . - Pueblo ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 511 W 10th St Ste A HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P .0. Box 1958 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Pueblo CO 81002 Phone :719- 543 -3604 Fax :719- 545 -1722 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Allied P&C Insurance Co_ Victoria's Deli and Catering, LLC; Elisabeth Mi DBA INSURER B. Rio Bistro Elisabeth sabeth INSURER C• . _ 218 S Victoria INSURER D: Pueblo CO 81003 ' INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OH MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. SASH AP• — . pgLIDYEFFe.CTIVE POLICY EXPIRATION LTR NS -•• TYPjOF INSURANCE POLICY NUMBER PATE IMMIDDIYYYY) DATE (MBWDIYYYY) LIMITS . GENERAL LIABILITY EACH OCCURRENCE $1000000 uwvwGt tURENTED A X COM CLAIMSMADE GENERAL LIABI PRE ACP7504274101 12/29/09 12/29/10 MISES(ESOax ms) $ 300000 CLAIMS MADE �X OCCUR MED EXP (Any one person) $ 5000 PERSONAL a ADV INJURY $ 1000000 X iigour liability GENERAL AGGREGATE $ 2000000 GERI. AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP ADO $ 2000000 POLICY n EC I 1 LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ■ ANY AUTO (Ea arddont) $ III ALL OWNED AUTOS BODILY INJURY SCHEDULED AIITQS (Pe Parma $ ,. HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS ` (Per accident) PROPERTY DAMAGE _ (Per axider5 GARAGE LIABILITY AUTO ONLY - EA ACCIDENT 5 ANY AUTO OTHER THAN - EA ACC 5 AUTO ONLY. AGO $ EXCESS 1 UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR C CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ 5 • - - - - -. MPENSATION WC STATU- ' 01 H- AND EMPLOYERS' LIABILITY 1T0RYLIMITS ER ANY PROPRIETOR/PARTNERIL•XECUTIVE E.L. EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? ..... ' (Mandatary in NH) E.L. DISEASE - EA EMPLOYEE $ .._ Walt t1e e 1 under SPECIAL PROVISIONS below F.I. DISEASE •POLICY LIMIT 5 OTHER A Commercial Applica ACP7504274101 12/29/09 12/29/10 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS Restaurant -- no alcohol. Deli w/ seating. CERTIFICATE HOLDER HAS BEEN NAND AS AN ADDITIONAL INSURED ON THE GENERAL LIABILITY. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF ME ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY02 4 DATE THEREOF, THE ISSUING INSURER WILL E VOR TO MAIL 10 ' : WRITTEN NOTICE TO THE CERTIFICATE HOLDER N ' E LEFT : UT F LU ' Nt SO SHALL The City of Pueblo, IMPOSE ND OBLIGATION OR LIABILITY O ' ' D E AGENTS OR its agents, officers and REPRESENTATIVES. Employees AUTHORIZED REPRESENTATIVE iii 211 E "D" St Brett Koski � r (Pueblo CO 81003 x „w ACORD 25 (2009101) 01988.2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD