HomeMy WebLinkAbout2007-08-02 Resolution
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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 Resolution No. 05-16 is rescinded in its entirety.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.
RENOVATION
Sheet No:
211 f CO(lfGf 51 IOW~ Cln, I~ sn~o Project No.: 06.031
Date: 07.18.07
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