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HomeMy WebLinkAbout2007-08-02 Ordinance !f Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 ORDINANCE NO. 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. WHEREAS, sidewalk cafes are a use of public sidewalks that require a temporary easement; WHEREAS, section 10-3-5B1 currently provides that In City Plaza there must be a minimum of eight (8) feet of unobstructed sidewalk between the side of the cafe and an elevated planter; WHEREAS, City Council should have the discretion to allow sidewalk cafes to encompass raised planters under limited circumstances; and WHEREAS, it is in the City's interest adopt this amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. Title 10, entitled "Use of Public Ways and Property," Chapter 3, entitled "Commercial Use of Sidewalks," Section 3, entitled "Use for Sidewalk Cafes," Subsection B, entitled "Usable Sidewalk Cafe Area," is hereby amended by adding the following new Paragraph 5: City Council may allow a sidewalk cafe to encompass or utilize an elevated planter, including a planter that is not directly in front of the establishment to which it is connected, if the applicant demonstrates to Council satisfaction that the proposed cafe meets the following criteria: (1) It does not interfere with pedestrian movement. (2) It does not adversely affect drainage. (3) It does not adversely affect public or City utilities located or operating within City Plaza. (4) It enhances the appearance and use of City Plaza. (5) It does not interfere with the functionality of any other existing sidewalk cafe. (6) It is not otherwise contrary to public interest. The easement agreement shall include provisions for fencing, insurance, maintenance, vegetation, and the subsurface. The easement agreement shall provide that the cafe owner pay all costs associated with the cafe inclUding, but not limited to, the cost to move water mains and water service lines, to remove and plant vegetation, to move electrical outlets, and to cut and restore the limestone. If the cafe encompasses or utilizes more than one elevated planter, the area between the planters shall be included in the sidewalk cafe area but need not be delineated as such unless tables and chairs are present. The proposed cafe shall not be subject to sections 10-3-3B(1)-(4) and 10-3-3E(6) of this code. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. PENALTIES FOR VIOLATION. The violation of any provision of this ordinance is a municipal infraction or a simple misdemeanor. SECTION IV. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this _ day of ,2007. MAYOR ATTEST: CITY CLERK Approved: ~~~ t-- 3-o+- City Attorney's Office Ordinance No. Page _ It was moved by and seconded by as read be adopted, and upon roll call there were: that the Ordinance AYES: NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn First Consideration 7/10/2007 Vote for passage: AYES: Champion, Correia, 0' Donnell, Vanderhoef, Wilburn, Bailey. NAYS: Elliott. ABSENT: None. Second Consideration 8/2/2007 Vote for passage: AYES: O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Correia, Elliott. NAYS: None. ABSENT: None. Date published Page 1 of 1 Marian Karr From: Megan Mathews [megan.mathews@gmail.com] Sent: Tuesday, July 24, 2007 5:35 PM To: Council Cc: Ross Wilburn; Regenia Bailey; connie-champion@iowa-city.org; Amy Correia; Mike O'Donnell; Dee Vanderhoef; bob-elliott@iowa-city.org Subject: OPPOSE Mondonaro's Proposed Saloon Cafe Dear Honorable Mayor Wilburn and Members of the Iowa City Council: Tonight you will vote on an issue that may alter the face and feel of downtown Iowa City's Pedestrian Mall. Before you decide further, please consider my plea for the protection of downtown limited green space. A majority of votes "yes" would be a big mistake. With an increase in highrises, which means more people downtown, and with the already limited green space in the ped mall, to appropriate public space for strictly private interests, is a decision that reflects poor judgement in what is in the people's best interest. That space is very precious and part of what makes Iowa City unique. That space itself attracts surrounding communities into the downtown area. It offers a creative outlet for many different population. On any given night, one could experience community drum circles, live music, non-profit rallys, community art. This only happens because the space is public and available for these uses. We must protect the Pedestrian Mall from being overrun by businesses. Already, Giovanni's oversized outdoor seating area sticks out into the ped mall like a sore thumb. Pedestrians compromise their path to accomodate the clunky cafe. With a friend living downtown, I know firsthand the trot past Giovanni's feels difficult and uninviting. But this is only the tip of the iceberg. I urge you to vote "NO" to this proposal. By voting "NO" to the proposed Saloon plan, you can preserve the remaining green space and maintain the Pedestrian Mall as a space for the people. Sincerely, Megan M. Mathews 7/24/2007 Marian Karr From: Sent: To: Subject: Ralph Siddall [ralph-siddall@uiowa.edu] Tuesday, July 24, 2007 6:33 PM Council NO TO PED MALL PLAN The ped mall does not need to convert planters into seating for Mondanero. This is a bad idea, a bad precedent, and a bad use of public space. Peace, Ralph Ralph W. siddall The university of Iowa -The Rhetoric Department 167 EPB -Department of Communication Studies 105 BCSB -KRUI 89.7 FM 380 IMU Iowa City, IA 52242 Drake University The Department for the Study of Culture and Society 325 Howard Hall Des Moines, IA 50311 (319) 936-7787 ralph.siddall@drake.edu ralph.siddall@gmail.com 1 Previously distributed 7/26 Info Packet mD~ Downtown Association of Iowa City July 25, 2007 To: From: Re: City of Iowa City Council Members Craig Gustaveson, President, Downtown Association Jim Mondanaro 's Use of Planter Proposal The Downtown Association is sponsoring a Public Forum on August 1st regarding Jim Mondanaro's use of planter proposaL We are inviting DTA members, the Pedestrian Plaza merchants and bar owners and the general public. Jim Mondanaro will also be invited to make a brief presentation of his proposaL We would like to keep this as an informal meeting but encourage members of the City Council to attend. If you plan to attend, please RSVP to Daria Boudjenah at dtaiowacity@gmail.com by Monday, July 30. Respectfully, Craig Gustaveson President, Downtown Association Public Forum August 1, 2007 3:30-5:30 p.m. Chamber Offices r--:J 0 C'.; = -J .oc~:_: .~;. c._ ". ~. il , N " V' '. "T1 -<. 7"'-~ ----., "- '-.......1 <. / \_::J z-.- ? 1"'0 C' Marian Karr From: Sent: To: Subject: Courtenay Bouvier [courtenay-bouvier@uiowa.edu] Thursday, July 26, 2007 10:26 AM Council Mondonaro proposal Hello Council members. I would have attended Tuesday's meeting to voice my opinion about Jim Mondonaro's proposal to remove planters to expand seating for the Saloon, but I was working at one of the restaurants in this town that actually has integrity. As a former Mondonaro employee, I witnessed firsthand, many times, the level to which Jim values his own economic well-being over the general well-being of his employees, his customers, and Iowa City's townspeople. He is an abusive boss who cuts corners whenever he can, tacitly encouraging his employees to do the same; those who suffer from this are those who are unfortunate enough to dine at his establishments. As a graduate student and restaurant "insider," I also witness Iowa City residents' attitude toward the Saloon: it is by no means considered a restaurant; it is by all means a place to do shots of tequila. Finally, as an engaged member of the liberal political community in Iowa City, I regularly hear comments such as, "Mondo's got the City Council in his pocket," and "Who's getting kickbacks from Mondo?" If you want to maintain the respect of the Iowa City community, you absolutely must deny Mondonaro the opportunity to denude the ped Mall, a public place of community, under the guise of creating community. Those who can afford a $16 shot of tequila do not need a large outdoor arena in which to do so. Those who have no yard of their own, however, do need the solace and community the ped Mall's green areas provide. I will try to attend the next Council meeting to publicly voice my opinions. I hope you're seriously considering the many repercussions of a positive vote in the meantime. Thank you for your time. Courtenay Bouvier PhD Candidate Department of Language, Literacy and Culture 1 lIIar.tltetettw 9220 SW Barbur Blvd. Suite 119-220 Portlan~ Oregon 97219 503-636-16590 503-636-6982 f mary@marketekinc.com cS ~--::' .,...' -- --n $_--... c') -.---- .- ........'~.. .-1 July 27, 2007 -' r' "\ ,-/ ~~. ....::: )/ ;-',) TO: Mr, Jim Mondonaro FROM: Ms. Mary Bosch RE: Saloon Exterior Patio Seating I have reviewed your conceptual designs to add landscaping and patio seating to the exterior of the Saloon Restaurant. While the focus ofMarketek's assignment for downtown Iowa City is on market and economic opportunities and not urban design, it is our belief that your project plans will enhance and diversify the character and environment of the pedestrian mall. Downtown Iowa City's success as a unique shopping, entertainment and business destination is dependent upon many elements working in unison. Effective strategies range from developing the appropriate mix of businesses and easy customer access to creating an attractive, friendly and walkable streetscape. Pedestrian-friendly places are often associated with lush, green environments. Your project will contribute positively to the appeal and streetlife of downtown Iowa City. Consumers are always on the lookout for something new and fresh to keep them engaged-new merchandise, new events, new pulse nodes and special environments. Investors look for opportunities but also places where reinvestment is occurring and entrepreneurs are supported and actively participate in shaping the community, Creative endeavors such as your patio proposal are vitally important to stimulating economic success and should be encouraged and supported throughout the downtown. l'd L6bS9S~:0l 1925bS~6l~ O~~N~aNOW Wlr:wo~~ 2b:0l L002-l~-lnr Page 1 of 1 Marian Karr From: Marc [marc@moengroup.com] Sent: Tuesday, July 31,2007 1 :31 PM To: Marian Karr Subject: Marian - please include in council packet Dear Mayor and Council Memebers: RE: Proposal by Saloon for use of Planters for Seating I have reviewed the plan regarding the Saloon's use of planters for seating. It is innovative, imaginative and first rate. Done right, it will visually enhance the area with improved plantings and should add to the vibrancy of the area. It wasn't long ago when any outdoor restaurant seating was controversial. Thankfully the Council gave restaurateurs the opportunity to try outdoor seating. The success is well known. The Saloon should be given the opportunity to try the proposed innovative plan. The permit is issued for only one season with no right to renew. If the plan is not successful, the Council always has the right not to renew the patio license. This type of investment in our community should be encouraged. A synergy exists among a variety of businesses downtown and this plan fosters that synergy. A recent market study which we personally commissioned of downtown concludes that the potential pedestrian plaza has the potential to become a destination culinary district attracting people from the entire region. I know this is an emotional issue because it involves planters. The idea that it takes away from "green space" is not true. The plan proposes increasing the green and making the planters more visually attractive. Structurally the planters are beautiful; but the plantings will be largely improved by this plan. Thanks for considering this. Sincerely, Marc B. Moen moengroup 105 east college street Iowa city, ia 52240 c. 319 .430 .3010 f.319.358.6778 e. marc@moenqroup.com w. www.moengroup.com 7/31/2007 Page 1 of 1 ~ Marian Karr From: gary sanders [iowacitystopwalmart@yahoo.com] Sent: Wednesday, August 01,20071 :44 PM To: Council Subject: special meeting I have no strong feelings on the planter issue one way or the other. But there are obviously many members of the community who do. Because of that, I do not believe it is right to rush this process. Please think about how this looks to the community. I suggest you adjourn the meeting on Thursday immediately after it's called to order, and vote on the issue at a regularly scheduled meeting. This is not an emergency! Gary Sanders 8/1/2007 .~ Marian Karr From: Sent: To: Subject: Libby Shannon [goosetowngraphics@earthlink.net] Wednesday, August 01,2007 12:56 PM Council Ped Mall Beer Garden This correspondence will become a public record. I am against increasing the size of beer gardens in the ped mall and downtown area. Everyone seems concerned about what a drunken festival it has become downtown, why would we increase the size of the area that people can imbibe in public? Thanks for your attention. Libby Shannon Goosetown Graphics 310 Reno St. Iowa City, IA 52245 319.358.8629 319.621.2983 1 -;#.L Marian Karr From: Sent: To: Subject: d ianem ichael.dillon@mchsi.com Thursday, August 02, 2007 9:38 AM Council planters Dear Mr. Mayor, As owners of a licensed vending cart on the Ped Mall, we would like to express our concerns regarding the proposed transformation of the two planters in front of the Saloon, College Street Billiards and Donnelly's Pub. For the past 3 years we have had a contract with the city for the location abutting the east end of the planter which is now being considered as an extension of the Saloon's business. A condition of that existing contract allows us use of the electrical box located in the planter for which we pay a monthly fee. As owners of this licensed business, we have concerns that if this proposal is passed, we will be financially impacted. We feel that allowing one private business to encroach on the business already licensed by the city is a mistake. In other words Mr. Mayor, the city is proposing to grant a license that interferes with the operation of a business already licensed by the citYi we lease that space the same as any other restaurant that leases space for out door seating. As owners, we spend countless hours on the Ped Malli during lunch, concerts and late night. We would prefer the city consider more PUBLIC seating, rather than granting one business access to the green space now available to all. In the meeting yesterday, Mr. Mondanaro stated that the owner of McDonald's has expressed interest in adopting the planter located at Washington St. and Dubuque St. This would be something that would beautify the Ped Mall without disrupting other private business and public space. We would like the council to consider this approach rather than the one currently being proposed. We take pride in our business and have enjoyed being a part of the community. Because of our open access to the public it has enabled us to be an active participate with the community and it's visitors. Michael and Diane Dillon Pops Italian Beef 1 #2- Marian Karr From: Sent: To: Subject: Karen .Moser@act.org Thursday, August 02,20079:44 AM Council planters on the Ped Mall Please do not allow the replacement of the planters with yet another venue to eat and drink....... . thus obstructing the roadway. There are already many of those types of spots in downtown Iowa City. 1 Page 1 of 2:=(1:- cA Marian Karr From: Roxanne Erdahl [rmerdahl@gmail.com] Sent: Thursday, August 02, 2007 10:28 AM To: Council Subject: Fwd: 112 E. College St. Dear Council Members, My name is Roxanne Erdahl and I was a member of the downtown business community for over 25 years. I had a business called Buc's at 112 E. College Street fr<?m 1979-1996. I strongly urge you to not allow Mr. Mondenaro to have a sidewalk cafe in front of his restaurant on the planters. For many years I watched as people sat along those planters. I believe the planters, benches and green space gives what the downtown needs, which is a space for people to sit and just be, take in the ambiance of what our downtown is about. Last week a friend and I wanted to find a place to sit and talk and we ended up sitting on the planter outside of Plaza One. It was very nice and allowed us to have a pleasant talk enjoying the atmosphere of the Ped Mall. My reasons for asking you to vote no for this sidewalk cafe are as follows: The ped mall has become overrun with outdoor sidewalk cafes. The purpose of the ped mall when College Street was first closed was for a place for people to come downtown and sit and talk and enjoy green space. I think letting restaurants put a few tables outside in front of their establishment is fine, however Mr. Mondenaro has been allowed to come out farther then anyone else at Giovanni's ,which has made it so people have to walk down the middle ofthe ped mall. Now letting him use planters for his own business purposes creates more of this visual and obstructive maze. One of the consequences of allowing this, is that it hurts retail businesses. People no longer walk by their location, window shopping, as they are now forced to walk in the center of the mall. When I owned my store I was very dependent on people walking by and seeing the display in my window. This is part of the ambiance of the downtown, a healthy solid mixture of retail and entertainment. Please give this careful consideration. Retail stores are not allowed to bring out merchandise to sell on the streets to further their capability to increase their revenue. I think that this continued focus on just letting the eating establishments take over the ped mall, by supporting them financially and not allowing the retail to do the same is very unfair and seems very lopsided. If the intent of the Council would be to create an outdoor market for all businesses then, that is another discussion, however it is my belief that no business should use the planters and green space for furthering their own financial purpose. This act takes away from the population that should be able to enjoy this space that can not afford to pay for a meal at an eating establishment. I understand that outdoor cafes add ambiance,however it has reached a state where the ped mall has almost taken on a beer garden look and feel unto itself and not a place for people just to have a space to sit and converse without having to purchase food and beverage. It has been stated that this is a creative use of space. I would ask you to again look at the big picture. Just 8/212007 Page 2 of2 because you, as the City Council can do something that some perceive as creative, does not mean it is the best thing for you to do. This act would benefit one individual, not the citizenship as a whole. That is what is at stake here. I ask you to vote no on using the planters for private businesses and maintain the integrity of the downtown Ped Mall. Respectfully, Roxanne Erdahl 31-530-4016 8/2/2007