HomeMy WebLinkAbout2007-08-02 Ordinance
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Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
ORDINANCE NO. 07-4272
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 1 0-3-3B(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 2nd day of August
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,2007.
ATTEST: ~ c/( =k;A~
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Approved:
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City Attorney's Office
Ordinance No. 07-4272
Pa ge -----2-
It was moved by 0' Donnell and seconded by
as read be adopted, and upon roll call there were:
Bailey
that the Ordinance
AYES: NAYS: ABSENT:
x
x
x
x
Bailey
Champion
Correia
Elliott
O'Donnell
Vanderhoef
Wilburn
x
X
x
First Consideration 7/10/2007
Vote for passage: AYES: Champion, Correia, O'Donnell, Vanderhoef, Wilburn, Bailey.
NAYS: Elliott. ABSENT: None.
Second Consideration 8/2/2007
Vote for passage: AYES: 0' Donnell, Vanderhoef, Wilburn, Bailey, Champion, Correia,
Elliott. NAYS: None. ABSENT: None.
Date published H/7/')007
Page 1 of 1
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Marian Karr
From: Soap Opera [soapop@gmail.com]
Sent: Thursday, August 02, 2007 1:49 PM
To: Council
Subject: Access to Planters
To The City Council,
I have been to the D.T.A. meeting and City Council session and most of my concerns have been met. I
agree that the project seems good and heard the only tenant in the area most directly affected who was
voicing objections have his objections answered. If the other tenants in the area don't have an objection
I see no reason why I would as well. The D.T.A. meeting answered most of my concerns.
I just wanted to put in a word of caution. With the council opening this door, I hope the council will go
forward with the idea when hearing future proposals that the concerns and objections of the existing
businesses in the area should have more weight than the developer. Retail, which the business I'm
representing is in, is a fragile business. If it was the planter in front of my store I would be absolutely
opposed. It would cut off the view of our window displays and possibly drive us out of business. It
would amount to the Council saying that his business is more valuable than mine. That, I feel, is a line
that shouldn't be crossed.
In the end this project isn't about the greater good, improving the community or any of the other inflated
rhetoric surrounding it. It is about Mr. Modinero seeing an opportunity to make more money from it.
There isn't anything wrong with it as long as it doesn't impede established businesses rights to do the
same and doesn't interfere with the general public's right to enjoy the Pedestrian Mall.
I have no reason to believe the Council would ignore the objections of a business like ours, but it would
be a fear. A legitimate one, in that we might be the only voice opposed to it. I just wanted to express
our concern about this change moving into the future. Thank you.
Matthew Theobald
Manager/Part-Owner
The Soap Opera
119 E. College Street
Iowa City, IA 52240
8/2/2007