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HomeMy WebLinkAbout2007-08-02 Transcription m h~1 ITEM 2 CONSIDER AN ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "USE OF PUBLIC WAYS AND PROPERTY," CHAPTER 3, ENTITLED, "COMMERCIAL USE OF SIDEWALKS," SECTION 3, ENTITLED "USE FOR SIDEWALK CAFES," TO ALLOW SIDEWALK CAFES TO ENCOMPASS RAISED PLANTERS IN CITY PLAZA UNDER LIMITED CIRCUMSTANCES. (SECOND CONSIDERATION) Bailey: Move second consideration. Champion: Second. Wilburn: Moved by Bailey, seconded by Champion. Discussion? I will, urn, just add a couple comments before I see ifthere's anyone from the public who has any new information. I understand the Downtown Association had a meeting yesterday, and anyone who did not have an opportunity to speak or add new information for the Council to consider. I was on vacation last week when this item came up, but in hearing before I left for vacation, and in deciding to call this special meeting, urn, I did want to, I heard some accusations of trying to ram this through, and hurry it through, and special consideration for Mr. Mondanaro. I did want to address that for some of the folks who left us correspondence, and then I spoke to on the telephone. This project was included in our June 14th Information Packet, and it was part of our Consent Calendar at our June 19th City Council meeting. So, this, urn, project was discussed back as far as June. The other thing, urn, when I left, and Council always has the, urn, the liberty to, urn, given new information or other consideration, to.. .to change a vote on a particular project, but when I, uh, had left for vacation, it was my understanding...I had no idea that this project would not be going through, or that it would be deferred. Given that, uh, the.. .there are several combinations of Council Members who are going to be absent because of vacation or work between now and our next meeting, which is towards the end of this month, uh, and given that there's some construction/seasonal type things by the applicant, Mr. Mondanaro, 1. . .I felt it was important to go ahead and call this special meeting, because of some special considerations, so that we can either tell him "yes" or "no" to proceed with the project, and that's why I called this special Council meeting. In terms of two Council meetings on the same day, again, I was. . . that was not my ideal. . . but I was faced with a situation where it was difficult because of our schedules to have everybody here, and uh, there was also a concern expressed by not, uh, and a request by some members of the public, to not have a collapsed reading. Now I understand it's on the same day, but perhaps there may be somebody who couldn't make it here during the noon hour who might chose to come at the 3:30 meeting. But otherwise, in terms of Council calling a special meeting, we do this all the time for a special. . . special situations and circumstances that corne up. Some of them have been This represents only a reasonably accurate transcription of the Iowa City City Council meeting of August 2, 2007. #2 Page 2 related to Planning and Zoning items. Some of them have been related.. .there was one related to, I remember, a group came forward from the Downtown Association, related to the self-supported municipal improvement district, and here's a stack of special items, so it's not uncommon for the Council to make considerations in terms of whether to have a special meeting, given certain circumstances, uh, you know, it's.. .you hear about bureaucracy moving slow, and we do try and make an attempt with, again, with special circumstances to hear certain items on a timely basis. With that said, urn, ifthere's.. .Craig, if you had a report that you wanted to give from the meeting, feel free to do so. By the way, if you hadn't planned on it that's okay. I'm sure there were a couple Council Members who could do the same. You'll need to.. .(unable to hear person in audience). It doesn't exist if you don't... Gustaveson: Yeah, I'm Craig Gustaveson, President of the Downtown Association. Urn, actually, as we said at the last meeting, we're not taking a stand on this, either for or against it. Our whole purpose was just to have a public forum so there could be some more input into it, and, again, I wasn't going to say anything until your comments, you know, we have not ever accused City Council of ramrodding this through, or anything. We just, when I have 10 to 15% of our members coming to me, saying we need to do something, I think we need to take action on it, and so we were responding to concerns from other people and businesses downtown, and that's.. .the only thing we ask is just rather than condense the reading, give us a chance to have a forum, and you did, and here we are. Uh, after talking to several people about how this process goes, you guys have done nothing different than it's ever occurred on any amendment to an ordinance, particularly the sidewalk cafes. We understand that because ofthe time, that this is very typical, and like I said, the only thing we asked to do on this particular situation when we did have a little bit of an uproar on it, to step back and at least let us have the forum, and again, you did exactly what we've asked you to do, so we praise you on that. As far as what you're doing now, again, it's one of those issues, we have to commend you for trying to take action, we think, in a positive manner to get this thing done for Jim. It's.. . after yesterday's meeting, I think the consensus, everybody there, that this is a good deal for all of downtown Iowa City. I think even some of Jim's biggest opponents left there going, 'That will work,' so...in light of that, the information we have from there, and I think, you know, Bob and Dee were there, and I think they would concur with me that that was the sentiment coming out of, uh, yesterday's meeting, and uh, personally, I'm glad you're doing what you're doing. It's.. . for this to work, for Jim and for the downtown, it needs to be expedited, so. . . again, I just wanted to make it clear on the record that, you know, the Downtown Association did never accuse anybody of ramrodding this through. It's.. .we're just responding to concerns that some of our constituents had. Thank you. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of August 2,2007. m P~3 Wilburn: Sure, and that was not my intent to accuse the Downtown Association, Craig. I have had some calls from some of the members, and 1.. .we've had some correspondence implying that, and I just wanted to really put it out there that, 00, that we, you know, we try to make some special effort to give people an answer, "yes" or "no" and in fact I wanted to make sure that the first meeting that we had was after the forum that you hosted, and thank you for hosting that. Otherwise, I guess we'll just open up for Council discussion. O'Donnell: I appreciate your comments. Correia: I had a question. We had correspondence, Dale, from one of the Ped Mall vendors related to, uh, he uses the electrical box, has a spot assigned adjacent to this area. Helling: Right. Correia: Has he been, urn, have there been considerations based on his location? Helling: Well, we talked before the meeting, and I assured him that we would make whatever accommodation we needed to make sure that he has another spot located in that area. Urn, I'm not sure how we will, as far as the electricity, if we can, during the construction process, we'll just have to find out if we can bring that over so that he can access it, because we have to kind of split them up. So there's some issues we'll have to deal with, but 1. . .I think we need to accommodate him, and keep him in that area. Correia: Well, absolutely, because he has a. . . Vanderhoef: Uh, I don't want to speak for Mr. Mondanaro, however, that Michael Dillon was at the meeting yesterday and asked this kind of question and I think it's more appropriate for Jim to say to you what he said to the group, because at the end of the conversation, it was, "Yeah, I can work with you," and Michael seemed to be okay with it, because that was a concern and he didn't want to move from that location. That's his assigned spot and has been, and he indicated that he didn't want to move, uh, primarily because his customers were used to finding him in that location for the last three years. So, Jim, do you want to add anything? Mondanaro: Jim Mondanaro, urn, Dee and all of the Council, it's my intention to put myself in his position, and if that's my livelihood, and I'm thinking out of his position, then I understand where he's going, and as I talked to Michael yesterday, it's important for me to get together with him, so that we don't put him in any temporary delays because of moving electricity, if that's the case, and that the emphasis will be that without any disruption, This represents only a reasonably accurate transcription of the Iowa City City Council meeting of August 2, 2007. #2 Page 4 he will go on doing business, even during this construction zone. So I'll make sure that the electricians that are doing some changes, if that's the case, are taking him into, you know, their concern every day. Now, are you there seven days a week outside? (unable to hear) Wilburn: I'm sorry. We can't have conversations off microphone. Mondanaro: Okay. I'll work with him on that then. That's it. Correia: So you won't have to move locations? Champion: Well, maybe a couple feet. Helling: Hopefully not very far. 1.. . yeah, I have not gone down and looked at it. Correia: ...I mean, obviously. Helling: Again, I assured him that we'd keep him as close to his current location as possible, but that there might be some shifting. Dilkes: The agreement addresses electrical outlets. It says that they.. . all outlets have to be raised, as required by the City Engineer, urn, that Mr. Mondanaro must make the electrical outlets available for holiday use and for City use, so I think we're in control of that situation. Elliott: I have a quick question for you, Jim. I noticed when I was down there that there's a water spigot right about on the line, I think between your, your building and Billiards. Is that yours? Is that the City's? What is it used for? Do you. . . Mondanaro: That's the City. The Forestry, the people that maintain those plants... Elliott: For watering? Mondanaro: Yes, and that's all part of the demo and reconstruction process, as to where that's placed. That's all been done with Terry. Elliott: Good, good. Mondanaro: Yeah, we're all over that. Elliott: Good. Wilburn: Any other comments? This represents only a reasonably accurate transcription of the Iowa City City Council meeting of August 2, 2007. m P~5 O'Donnell: It appears to me that all questions have been answered, really, and the Downtown Association as well as the cart. ..is there any reason now why we can't expedite this? Wilburn: Urn, that's at the pleasure of the Council. We did, urn, again, I had some requests to not collapse. I don't know that someone will show up at 3:00, but we have posted it, a 3:30 meeting, and so.. . anyone who may not have been able to make this, 00, and was planning on coming at 3:30 would, would not, you know, they would get here and find that we'd already.. .so, but the Council. O'Donnell: So that's really not an option. (several talking) Bailey: I think it's an option to us, but I would encourage us to be sensitive to the (several talking). Correia: And I think that concerns that were voiced to the Downtown Association may have been addressed yesterday and people might have different feelings, but I do think there's folks that have contacted us that are concerned, or have feelings about the open space that's going to be lost, and I know there's a difference between people saying green space and open space in the area. Well, it isn't very green and your plan is to make it more green, and I absolutely appreciate that, the aesthetics, but some of the comments that I'm reading from citizens, not business owners, but folks that use the downtown is that loss of the open space - that feeling of openness and not being part of a business or only being able to utilize that space if you are a patron of a business, and it is going to feel like, even though the sidewalks not being used with tables, there's going to be a lot of traffic going back and forth, just thinking about the moving of waiters, waitresses, going, you know, sort of from the door to the other, I mean, I think that could take away from folks walking through that area. I mean, I don't know, but I think those are, that open space is an issue, and I just, I just have a question because there was correspondence that stated a recent market study which was personally commissioned by Downtown concludes that. That market... there's no conclusion yet (several talking) okay. O'Donnell: You know, Jim, I really think that what this will do is enhance downtown in that area. I think it will bring more business into the area, and I don't buy the green space argument at all because there's more green in a pot of geranium than in this particular planter. Urn (several talking), but in any...I think it's a creative idea, and I'm very much behind it. Bailey: Well, and I feel compelled to speak to some of these issues because we've heard them, and I just want to let people know that I've really considered what they've said, but these were things that I thought about in June when This represents only a reasonably accurate transcription of the Iowa City City Council meeting of August 2, 2007. #2 Page 6 we first talked about this idea, and I think one of our objectives here is to enhance the downtown, and the vibrancy of the downtown, and I think that this will do this. The concern about losing open space, so I felt compelled to go sit in a cafe last night and watched traffic patterns... Elliott: For business purposes, yeah! (laughter) Vanderhoef: And you didn't want to cook anyway! Bailey: And, urn, the traffic pattern around there seems to be in the middle of the Pedestrian Plaza, or the City Plaza, and not close to the buildings in that area because there are some, urn, it just seems to be that, and I think that when we talk about additional seating areas, I think our.. .our sidewalk cafes are enhancing community, because it brings a diverse mix of people downtown, and whether I'm in a sidewalk cafe or walking by one, I'm.. .I'm always bumping into people I want to talk to, I mean, it enhances the sense of activity and sense of community on the City Plaza, and I think that that's an important component that this will bring. Urn, I tend to agree with Mike's assessment of the green space. I've never been too happy with our capacity to maintain the planters downtown. So anything you can do, I'm sure, will be an improvement. It's not to say negative things about our City staff. I think it's just our resources are limited in landscaping and gardening and maintaining, and then the one thing I also have to say is I've been somewhat disappointed with some of the public discourse about this because it's become a very personalized argument. Weare not changing this ordinance for one person. Weare changing this ordinance for downtown Iowa City, and I think we have to keep this in mind. This is available to anybody who wants to do it, and has the restroom capacity, I suppose, would be one of the provisos, but, you know, the personalized argument, I think, got a little out of hand, and I was very disappointed in that level of discourse. Urn, I like seeing people come forward with visionary ideas for downtown. It's been our job always to enhance downtown, and I think this will do it, so I'll continue to support this. Champion: Well, I think everything's been done right and I'm certainly ready to vote. Vanderhoef: I just would like to make a couple comments. Number one, uh, on our planters downtown, unfortunately we seem to have some of our visitors or residents, who knows, that think that they should be crawling around and walking through the planters and so forth, so I think having a fence around it for the greenery on the Ped Mall will enhance the Ped Mall. Urn, it's also very clear now for at least the people that were at the forum yesterday that these are a case-by-case, which is what we've been doing all along for every single, uh, sidewalk cafe, and we've done it since the beginning. They have an individual contract with the City for that space, and when This represents only a reasonably accurate transcription of the Iowa City City Council meeting of August 2, 2007. #2 Elliott: Page 7 we look at the fact that we can, uh, remove that sidewalk cafe for the following season because of any kinds of problems that we might have in that, gives us certainly the opportunity to take a look at it every single year, and they all come before Council, so we can be real specific about areas that we want to change, or don't want to change, and urn, this is a risk that each business has. It's not just Jim, uh, this particular plan certainly has more dollars involved, I think, probably in developing it, but it's still a risk for every single business owner who chooses to apply for and get a license from the City of Iowa City for a sidewalk cafe, and for a business from a food cart, and here again, those are, uh, competitive and good business owners have been given their food cart again. As to the businesses, uh, next door, certainly this plan has been changed a bit, and uh, I think one of the next door neighbors was more satisfied when, uh, it was expressed at the meeting yesterday that they have the same opportunity to apply for and do a, urn, outdoor seating area for their business, and it will be judged on the same kind of rules and expectations that the City, if this business owner chooses to go forward. So, I will support this. I won't support collapsing it right now. I still am very uncomfortable with collapsing. I'm uncomfortable with doing them in the same day; however, given the history that our Mayor has given us, which I appreciated, 00, I think we can move on yet today. I'll be supporting this, and I'll try to be brief, but I think I owe people an explanation because I was the only person who voted against this first. I will be supporting it now. The reasons are, I think there are sufficient fail/safe aspects to this, one of which is that the person doing this has to provide the City with a $1,000 fee. I talked with, urn, with our Director of Public Works, and he said if the City decides this is not to stay and must come down, that the cost of doing that would be less than $1,000. So I look at this as something that is being done at this time. Will provide us with an excellent example of what happens if we do do this, and there is plenty of option for the next Council to disapprove this, if they want to, and Mr. Mondanaro would have nothing to do, other than to simply go along with that. In were him, I wouldn't do it. It's too much money now, but I think this is an example of something a little different. There are no problems with it. There's a fail/safe because it will cost the City no money. It will not have to last beyond, uh, next spring if the City doesn't want it to, and if I have made a mistake in this whole concept of the Ped Mall, it is the fact that I think that, uh, for me personally, I don't think there's enough area between the planter that this will cover and the outdoor cafe on the opposite side of the street. There's only about 15 feet there, and I would prefer that the outdoor cafe on the other side of the street be pulled back six or eight feet, to give more space in the, uh, in the center of the Ped Mall. That is a concern for the next Council, and I won't be there. I'll be supporting this. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of August 2, 2007. m P~8 Correia: And I'm going to support this. I mean, I think there are great potentials with this idea, but 1...in that this isn't a permanent change, and we'll be able to see, you know, how.. .what are the reactions, and ifpeople.. .I just didn't want to discount people's feelings about open space, urn, in the Ped Mall. People that might not be dining at some of our restaurants for whatever reason, but are enjoying the free activities, the, urn, you know, Friday Night Concert Series and festivals, but don't utilize the sidewalk cafes, and I just don't want to discount the voices that they brought, the ones that did contact us, about the open space and I understand the green space issue is not so green, but it is open, um, space and just the other issues. If we, Marian, if we get feedback generally on things that happen at the Ped Mall, who gets.. .do you get those calls primarily? I mean, I'd just like to be kept up to speed on are people calling. . .I mean, we more than likely will get called as well, but if we don't, if we could just be in touch with what the... Karr: As noted, when it comes up for renewal again, the sign will be posted so, again, people will be given that opportunity to respond back to problems that they may have encountered during that season. Correia: Thank you. Wilburn: I don't think anyone's trying to discount that that type of feedback. I think everybody cares about the Pedestrian Mall. There's just some disagreements on how, on how things should look or the desire for them to look, and I think just an acknowledgement that folks are going to disagree. There are people who do not like the sidewalk cafes as is. There's people who don't like, believe it or not, the fact that we have the Friday Night Concert downtown. I hear about it every once in a while when I'm down there on a Friday. I hear about that. We've got people that don't like the fact that we close off some streets downtown when the Arts Fest and the Jazz Festival come, and urn, I guess that's why we're up here making the big bucks! (laughter) Elliott: This is Iowa City, Ross. (laughter) Wilburn: Roll call, please. Item carries 7-0. Karr: Motion to accept correspondence. O'Donnell: So moved. Correia: Second. Wilburn: Moved by O'Donnell, seconded by Correia to accept correspondence. All those in favor say aye. Opposed same sign. Carries 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of August 2, 2007. #3 Page 9 ITEM 3 CONSIDER A RESOLUTION RESCINDING RESOLUTION NO. 06-16 AND ADOPTING A FEE SCHEDULE AND DEPOSIT REQUIREMENTS FOR USE OF PUBLIC RIGHT-OF-WAY FOR SIDEWALK CAFES. ITEM 4 CONSIDER A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY AMONG THE CITY OF IOWA CITY, LANDOWNER MAUREEN MONDANARO, AND TENANT SALOON OF IOWA CITY, L.c. D/B/A THE SALOON FOR A SIDEWALK CAFE. Bailey: Move the resolution. Vanderhoef: Move to defer. Karr: Mr. Mayor, Mr. Mayor, we need to defer both of these until 3:30. We can't act on these... Vanderhoef: Move to defer Items 3 and 4 until, urn, 3:30 today. Wilburn: Moved by Vanderhoef. Bailey: Second. Wilburn: Seconded by Bailey to defer both these Items until the 3:30 meeting. All those in favor say aye. Opposed same sign. Carries 7-0. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of August 2, 2007.