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HomeMy WebLinkAbout2007-08-02 Resolution -p 'j di(eMU-t -d 3,"3 () Prepared by Susan Dulek, Ass't. City Attorney, 410 E. Washington St., Iowa City, IA (319)356-5030 RESOLUTION NO. RESOLUTION RESCINDING RESOLUTION NO. 06-16 AND ADOPTING A fEE SCHEDULE AND DEPOSIT REQUIREMENTS FOR USE OF PUBLIC RIGHT-Of-WAY FOR SIDEWALK CAFES. WHEREAS, in Resolution No. 06-16, City Council adopted a fee schedule and deposit requirements for sidewalk cafes; WHEREAS, the current schedule does not include fees and deposits when a cafe utilizes an elevated planter; and WHEREAS, the City desires to adopt a new fee schedule and deposit requirements for use of elevated planters. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. Resolution No. 05-16 is rescinded in its entirety. 2. The following fee schedule and deposit requirements are hereby established for use of the public right-of-way by sidewalk cafes: a. Annual fee for sidewalk cafes located directly on the public right-of- way: $5.00 per square foot. b. Annual fee for sidewalk cafes located on a structure/platform (including cement platform) placed on the public right-of-way: $10.00 per square foot. c. Annual fee for the area of the sidewalk cafe utilizing an elevated planter on the public right-of-way: $10.00 per square foot. The annual fee for the portion of a "planter" sidewalk cafe that is not located on the elevated planter: $5.00 per square foot. d. Deposit for sidewalk cafes which place anchored fencing in the public right-of-way: $200.00. This deposit shall be refunded if the right-of- way, and planter if applicable, is restored to its prior condition by the sidewalk cafe owner to the satisfaction of the City. e. Deposit for sidewalk cafes which place a structure/platform (including cement platform) on the public right-of-way, regardless of whether anchored fencing is used: $500.00. This deposit shall be refunded if the structure/platform is removed, and the right-of way is restored to its prior condition by the sidewalk cafe owner to the satisfaction of the City. f. Deposit for sidewalk cafes which utilize an elevated planter in the public right-of-way: $1,000.00. This deposit shall be refunded if the platform is removed, and the right-of-way is restored to its prior condition by the sidewalk cafe owner to the satisfaction of the City. g. If the initial easement agreement is for less than one year, the fees listed in Paragraphs a, band c above shall be prorated on a quarterly basis. Passed and approved this _ day of ,2007. MAYOR ATTEST: CITY CLERK Approved.~y: ~ ~ t-(<; --O~ City Attorney's Office 1t1 ~t& 3-'30 Prepared by Susan Dulek, Ass't City Attorney" 410 E. Washington St., Iowa City, IA (319)356-5030 RESOLUTION NO. 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. WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Maureen Mondanaro, as landlord, and Saloon of Iowa City, L.C., d/b/a the Saloon, as tenant, applied for a temporary use of the public right-of-way at 112 E. College Street, Iowa City, Iowa for a sidewalk cafe that will utilize elevated planters; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10-3-3; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; and WHEREAS, it is in the public interest to set forth the conditions regarding such use of the public right-of-way in a license agreement for temporary use of public right-of-way ("license agreement"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. The Mayor and City Clerk are hereby authorized and directed to respectively sign and attest the attached license agreement. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this day of ,2007. MAYOR ATTEST: CITY CLERK Approved by: ~~. "t-IX-~' City Attorney's Office 2007 LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND SALOON OF IOWA CITY, L.C., D/B/A THE SALOON FOR A SIDEWALK CAFE ON THE PUBLIC RIGHT-OF-WAY AT 112 E. COLLEGE STREET, IOWA CITY, IOWA This Agreement is made between Tenant Saloon of Iowa City d/b/a/ the Saloon and the City of Iowa City, Iowa, a municipal corporation, with the written consent of the Landowner. WHEREAS, the City of Iowa City ("City") is the owner, custodian and trustee of the public right of way within the City of Iowa City; and WHEREAS, Tenant ("Tenant" or "Applicant") has applied for temporary use of the public right-of- way as a sidewalk cafe and Landowner has consented to said application; and WHEREAS, City staff has examined the request for a sidewalk cafe and found same to be in substantial compliance with City regulations; and WHEREAS, so long as said proposed use is consistent with the conditions set forth in this Agreement, said use is in the public interest. NOW, THEREFORE, in mutual consideration of the promises herein, Applicant and City agree as follows: 1. Landowner Maureen Mondanaro owns certain real estate abutting the public right-of-way located in Iowa City, Iowa, at the following street address: 112 E. College Street, Iowa City, Iowa; and Landowner has given Applicant permission to operate a sidewalk cafe as herein provided. 2. Applicant occupies said real estate abutting the public right-of-way located at said street address, and wishes to use a portion of said right-of-way for location and operation of a sidewalk cafe, as permitted by City regulations. 3. City staff has reviewed Applicant's proposed use of a portion of the right-of-way and finds Applicant's proposed use to be in compliance with the requirements of City Code Section 10-3-3, Use For Sidewalk Cafes. 4. Based on this review, the City now finds Applicant's proposed use of public right-of-way to be in the public interest, and that it is appropriate to permit Applicant's temporary use of the public right-of-way as a sidewalk cafe in accordance with this Agreement, including the Schematic Diagram approved in Applicant's application, and subsequent amendments if any, and also in conformance with all applicable local regulations concerning sidewalk 2 cafes. The term of this agreement is from the date of execution to January 31, 2008, and Applicant may not operate a sidewalk cafe after January 31, 2008 without renewing this agreement. 5. City and Applicant agree this Agreement shall be binding upon the successors and assigns of the Parties hereto, provided that no assignment shall be made without the written consent of both Parties to be attached hereto as a formal written Addendum. 6. Applicant acknowledges and agrees that this agreement is limited exclusively to the location, use and purposes listed herein for a sidewalk cafe, that any other uses, locations and purposes are not contemplated herein, and that any expansion of said uses, purposes or locations must be specifically agreed to in writing by the City of Iowa City. 7. Applicant further acknowledges and agrees that no property right is conferred by this agreement for the use of portions of the public right-of-way, that the City is not empowered to grant permanent or perpetual use of its right-of-way for private purposes, that the City may order said locations and/or uses within the right-of-way to cease and desist if, for any reason, the City determines that said right-of-way is needed for a public use and should be cleared of any and all obstructions, and that the Applicant shall not be entitled to any compensation should the City elect to do so. 8. Applicant also agrees to indemnify, defend and hold harmless the City, its officers, agents and employees from and against any and all claims, losses, liabilities or damages, of whatever nature, including payment of reasonable attorney fees, arising from occurrences or accidents within the sidewalk cafe area, including the walkway through a cafe, from the Applicant's use of the public right-of-way arising from this agreement, or which may be caused in whole or in part by any act or omission of the Applicant including their agents or employees. Applicant further agrees to provide the City with a certificate of insurance coverage of the sidewalk cafe required by the City's schedule of Class II insurance coverage. 9. Applicant further agrees to abide by all applicable federal, state, and local laws, and to maintain said sidewalk' cafe in accordance with the Schematic Diagram defined in Paragraph 4 above. Access and egress routes shall be maintained so that crowd management, security, and emergency services personnel are able to reach any individual without undue hindrance. Applicant shall insure that there are minimum seating clearances of thirty-one (31) inches from each table's edge to the wall, stair nosing or 3 other obstruction and fifty (50) inches from the table's edge to table's edge, adding one- half inch of width for each foot that the farthest chair exceeds twelve (12) feet to an aisle or exit. 10. Applicant agrees that its use of fencing and tables and chairs is consistent with the Schematic Diagram defined in Paragraph 4 above and that any change in said Schematic Diagram must be submitted in writing and approved by the City. Fencing shall not be more than three (3) feet in height, measured from the plane on which the chair sits to the top of the railing excluding finials. Applicant shall either remove all outdoor furnishings and equipment when the sidewalk cafe is not operating, or shall secure them in such a manner that they may not be removed from the sidewalk cafe area. 11. Requests for revisions or amendments to this Agreement, which may require submittal of revised Schematic Diagram(s) by Applicant, shall be reviewed by City staff and formally approved by the City Council. 12. Intentionally left blank. 13. In the event of a breach of this agreement, the City may, at its sole discretion, elect to give written notice to Applicant to remove all equipment, furniture and/or other objects from the City's right-of-way. In the event Applicant does not comply within the time period designated in the written notice, the City may elect to remove, or direct removal of, any obstructions from the right-of-way and charge the cost of such removal and temporary storage to the Applicant and/or landowner. Upon nonpayment of said charges, the removal costs may be certified to Johnson County as a statutory lien and assessed against the property and collected in the same manner as a property tax, as provided in Section 364.12 (2)(e), Code of Iowa (2007), as amended. 14. ROW restoration. In the event this agreement is not renewed in 2008, Applicant and/or Landowner shall restore the right-of-way area and planters by April 15, 2008 to such standards as required by the City Engineer. Applicant and Landowner shall be responsible for any damages to the right-of-way and planters, including but not limited to cracking, splitting, and tilting of the limestone, caused by the placement of the fencing and/or platform. A deposit of $1,000 shall be required prior to the placement of the platform, and shall be returned when the planters and right-of-way are restored to their prior condition as determined by the City Engineer. If Applicant and/or Landowner fails to 4 restore the right-of-way and planters to the standards required by the City Engineer, the City may do so and apply the deposit to the cost thereof. 15. Limestone. Applicant shall not cut or drill into the limestone and shall not attach or secure the platform, fencing, handrail, or any other item to the limestone. 16. Platform and Subsurface. Applicant is responsible for cleaning and maintaining the platform. Applicant may leave the platform in place after the termination of this agreement if it intends to renew the application in 2008. Applicant shall notify the City Engineer at least five (5) business days prior to the date of installation or removal of the platform, specifying the date of such installation or removal, to permit the City Engineer to inspect the installation and removal of the platform and fencing and to inspect the condition of the right-of-way. Construction of the platform and fencing shall be under the direction and subject to the approval of the City Engineer. Said direction shall consist of inspection of work in progress and is limited to the protection of City interests, such as tree roots, limestone walls, paving surface, lighting and utilities. Said direction and approval shall not relieve or release the undersigned of its responsibility to construct the platform and fence in accordance with all applicable laws and the approved design. Should outdoor furnishings and equipment be stored on the premises, Applicant shall obtain prior approval from the City Fire Department as to such storage and storage location, to insure that such storage does not interfere with ingress or egress, fixtures associated with fire detection and suppression, utility shut-ofts or use of mechanical equipment rooms. The Applicant is responsible for all routine maintenance of the area below the platforms including cleaning, and weed and pest control. 17. Electrical outlet. All electrical outlets located in either planter shall be raised as required by the City Engineer and shall be shown on the schematic drawing. The Applicant may use the electrical outlets at no cost. Applicant must make the electrical outlets available for holiday lighting and for City use. 18. Sewer, water main, water service line, water spiQot. The water main, water service line and water spigot shall be maintained as shown on the schematic drawing. Valves for the water main and water service line shall have an easily accessible hatch for City use. Use of the water spigot by the Applicant is limited to watering vegetation in the planters. The City shall have easy access to the spigot at all times. The City may remove the Applicant's improvements without notice or compensation if necessary for the emergency repair of underground utilities. 5 19. VeQetation. Applicant shall not remove any vegetation from the planters without providing the City with two weeks notice. During said two weeks, the City may, but is not obligated to, remove any vegetation, and Applicant is responsible for removing all vegetation thereafter. Applicant is responsible for selection, planting and maintenance of all vegetation in areas of the planters not encumbered by the platforms. Applicant shall not apply any herbicide to the vegetation without obtaining the permission of the City Forester or designee and shall comply with all state laws regarding the application of herbicides. If this agreement is not renewed in 2008, all vegetation planted by Applicant becomes the property of the City. Vegetation means all plants and bushes except for trees. 20. Trees. Applicant shall not remove any tree located within the elevated planters. Applicant shall not cut any tree root one (1) inch in diameter or larger. Applicant shall maintain a three (3) inch clearance from the tree grate to the tree trunk. If any tree dies as the result of Applicant's use of the planter, Applicant will replace the tree with a similar caliber tree approved by the City Forester. Applicant shall allow access to all trees for holiday lights. 21. Trellis. Applicant is not required to remove the trellis, fence, or railing after December 1, 2007. Applicant shall promptly repair any damage to the trellis. 22. Miscellaneous. Applicant shall remove the ash tray located in the planter and deliver it to the City. Applicant shall not use City trash receptacles located in City Plaza for sidewalk cafe related waste, but shall dispose of all waste privately. The brick area between the two planters shall be constructed consistent with the City plans and specifications, if applicable, for City Plaza, and no construction shall begin without the approval of the City Engineer. The tables and chairs shall not be stored over night on the platforms beginning December 1, 2007. 23. In consideration for the City's concerns for public safety on the public right-of-way, Applicant specifically acknowledges said safety concerns and agrees to refrain from any and all special sales on alcoholic beverages in the sidewalk cafe area (e.g. no "2 for 1" or "happy hour" specials). Applicant also agrees to be responsible for proper education of Applicant's employees to comply with this provision. 07/18/2007 16:52 319355566a CITY CF Ie LEGAL PAGE fl7/6a 6 24. Should any section of this agreement be found invalid, it is agreed that the remaining portions shall continue in full force and effect 88 though severable from the invalid portion. Dated this ,8 day of ~"'1 ,2007, CITY OF IOWA CITY, IOWA By Ross Wilburn, Mayor APpr~~ --=t- - , ~' - 0 } City Attorney's Office TENANT ACKNOWLEDGMENT IN A REPRESENTATIVE CAPACITY STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on I 2007 by (name(s) of person) alii (type of authority, e.g, officer, trustee, etc,) of Saloon of Iowa City, L.C, Notary Public in and for the State of Iowa My Commission expires: 2'd 800S9Sf::01 1 92SbSf:6H: Od~N~aNOW Wlr:WOd~ bl:Ll L002-81-lnr ~7/18/2ee7 16:52 31935656e8 CITY OF Ie LEGAL PAGE 68/08 7 LANDOWNER ACK'NOWLEDGMENT IN ,AN INDIVIDUAL CAPACITY STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on MOnQanam. I 2007 by Maureen ~ Notary P. lie in and for the State of Iowa My Commission expires: h.. A. RUSSELL SCHMEISER ,.., "05105 - My CommlltiOn EJipIla ~.., ! _ A '1 5, 2009 CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of . 2007. before me, . a Notary Public in and for the State of Iowa, personally appeared Ross W1lbum and Marian K Karr, to me person!llly known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the Instrument was signed and sealed on behalf of the corporation. by authority of its City CounCil, as contained in Resolution No. passed by the City Council on the day of ,2007, and that RoS$ Wilburn and Marian K. Karr acknOwledged the. execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by It voluntarily executed. Notary Public in and for the State of Iowa My commission expires: SW Cafo Saloon l'd B00S9S~:D.l l:92SbS~6l:~ O~~N~aNOW Wlr:WO~j bl::Ll: L002-Bl:-lnr PATH OF EGRESS WOMEN'S RR 133 SF MEN'S RR 131 SF DRAFT SUMMARY: RESTAURANT (LVL 1) A-2 2.248 SF APARTMENT (LVL 2) R-2 927 SF WA TERCLOSETS.. URINALS... LAVATORIES... 2 90 SF/15 ~ 6 PEOPLE ~ 1 HOUR SEPARATION BETWEEN USES CONSTRUCTION TYPE- IIIB FULLY SPRINKLED PLUMBING FIXTURE REOUIREMENT: MALE (RESTAURANTS WHICH SERVE ALCOHOL) 60 FEMALE 60 (STAFF RESTROOMS PROVIDED ON LOWER LEVEL) BOOTHS: 138LF/2~ 69 PEOPLE INTERIOR OCCUPANTS OUTDOOR OCCUPANTS 87 PEOPLE 33 PEOPLE 120 TOTAL OCCUPANTS BAR - SEATING: 23.5 LF 12 ~ 12 PEOPLE 6 TOTAL NON-STAFF INTERIOR OCCUPANTS ~ 87 5 OUTDOOR DINING AREA: 495 SF/15 ~ 33 OCCUPANTS 4 / '" 'k OVERHEAD CONNECTING LINK AREA UNDER OVERHEAD CONNECTION AND BETWEEN PLANTERS ~ 279 sf @ NEUMANN MONSON ARCHITECTS -----7-----7----- 112 E. COLLEGE ST. 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