HomeMy WebLinkAbout1996-12-03 Public hearingNOTICE OF PUBLIC HEARING
Notice is hereby given that a public hearing wi[I
be held by the City Council of Iowa City, Iowa, at
7:00 p.m. on the 3rd day of December, 1996, in
the Civic Center Council Chambers, 410 East
Washington Street, Iowa City, Iowa, at which
hearing the Council will consider an ordinance
amending Title 4 of the City Code entitled
"Alcoholic Beverages," Chapter 3 regarding
outdoor service areas, and Title 10 entitled "Use
of Public Ways and Property," Chapter 3
regarding sidewalk cafes to reduce the different
types and categories of establishments and
encourage more participation.
Copies of the proposed ordinance are on file for
public examination in the office of the City Clerk,
Civic Center, Iowa City, Iowa. Persons wishing
to make their views known for Council
consideration are encouraged to appear at the
above mentioned time and place or submit
written comments to the City Clerk prior to the
hearing.
MARIAN K. KARR, CITY CLERK
5(oo$
Prepared by: Dennis Mitchell, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240; 319-356-5030
ORDINANCE NO.
ORDINANCE AMENDING CITY CODE TITLE 4,
ENTITLED "ALCOHOLIC BEVERAGES," CHAP-
TER 3, ENTITLED "OUTDOOR SERVICE AR-
EAS; SEASONAL, FIVE DAY OR FOURTEEN
DAY LICENSES AND PERMITS," AND CHAP-
TER 1, ENTITLED "DEFINITIONS"; AND TITLE
10, ENTITLED "USE OF PUBLIC WAYS AND
PROPERTY," CHAPTER 3, ENTITLED "COM-
MERCIAL USE OF SIDEWALKS"
WHEREAS, the City desires to encourage
more businesses to open Outdoor Service
Areas (located on private property) and Side-
walk Cafes.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
SECTION 1. AMENDING SECTION 4-1-1.
Repealing paragraph D from the definition of
"RESTAURANT" in Section 4-1-1 and adding a
new paragraph D to the definition of "RES-
TAURANT" in Section 4-1-1 which reads as
follows:
D. Has a kitchen separate from the bar
equipped with all of the following: a micro-
wave oven, stove, griddle, grill or broiler, and a
food refrigeration unit with a capacity in excess
of twenty (20) cubic feet.
SECTION II. REPLACING SECTION 4-3-1 (B)(3).
Repealing Section 4-3-1(B)(3) snd adding a
new Section 4-3-1{B)(3) to read as follows:
Upon submitting an application for an
outdoor service area, applicant shall provide the
name and address of the owner of each abut-
ting property as well as every other property
which is within one hundred feet (100') of the
applicant's premises. The applicant shall also
post on the applicant's premises in an area
readily observable to the public a sign provided
by the City regarding the applicant's Intent to
establish or renew an outdoor service area.
Such notice must be posted at least ten (10)
days prior to the date and time when the
Ordinance No.
Page 2
application will appear on the agenda for ap-
proval by the City Council.
SECTION III. REPLACING SECTION 4-3-1 (C}(2).
Repealing Section 4-3-1(C)(2) and adding a
new Section 4-3-1(C)(2i to read as follows:
(a) Screening From Public View: Outdoor
service areas shall be screened on all sides
from p~blic view. Screening shall consist of a
fence or other suitable barrier of not less than
five feet (5') in height nor more than eight feet
(8') in height. It shall be of solid construction
which will effectively prevent ingress or egress
from the premises except by way of an emerg-
ency exit only and prevent the passing of
beverages over, under or through the fencing.
An emergency exit shall be required of all
outdoor service areas and shall comply with all
building, housing and fire codes.
(b) Outdoor service areas located in the
CB-10 zone (the central downtown business
area) are exempt from screening requirements.
However, a permanent decorative fence or
other suitable barrier at least three feet (3') in
height but no more than eight feet (8'} in
height which is detectable by a person who is
visually impaired is required. Emergency exits
shall comply with all building, housing and fire
codes.
SECTION IV. REPLACING SECTION 4-3-1 (C)(3).
Repealing Section 4-3-1{C)(3) and adding a
new Section 4-3-1(Ci(3} to read as follows:
{a) Entrances and Exits: Outdoor service
areas shell not be accessible except from the
licensed premises which it adjoins. The re-
quired emergency exit shall be an emergency
exit only.
(b) Outdoor service areas located in the
CB-10 zone {the central downtown business
area) are exempt from the restricted entrances
and exits requirement. Emergency exits shall
comply with all building, housing and fire
codes.
SECTION V. REPLACING SECTION 4-3-4(B).
Repealing Section 4-3-4(B) and adding a new
Section 4-3-4(B) to read as follows:
Fence Requirements: The perimeter of
temporary outdoor service areas shall be double
fenced with snow fencing or construction
fencing not less than three feet (3') in height,
with the outside fence located no less than six
feet {6') distant from the inside fence. Fencing
may be deleted at locations where the tempo-
Ordinance No.
Page 3
rary outdoor service areas adjoin e building. An
emergency exit shall be required of all outdoor
service areas and shall comply with all building,
housing and fire codes.
SECTION VI. AMENDING SECTION 10-3-1.
Amending Section 10-3-1 as follows:
Repealing paragraph D from the definition
of "RESTAURANT" and adding a new para-
graph D to the definition of "RESTAURANT"
which reads as follows: "Has a kitchen sepa-
rate from the bar equipped with all of the
following: a microwave oven, stove, griddle,
grill or broiler, and a food refrigeration unit with
a capacity in excess of twenty (20) cubic feet;"
Furthermore, deleting from the definition of
"RESTAURANT" paragraph G. which currently
provides: "includes a care, cafeteria, coffee
shop, delicatessen, ice cream shop, lunchroom,
tearoom, bar, cocktail lounge, or tavern";
Furthermore repealing the definition of
"SIDEWALK CAFE" and adding a new definition
of "SIDEWALK CAFE" which reads as follows:
"An outdoor area located temporarily on a
public sidewalk contiguous with any side of a
building wherein a restaurant is located end
where food and beverages are taken for con-
sumption by persons sitting or standing at
tables in that area. Sidewalk cafes located on
a structure on top of a public sidewalk are
subject to the approval of the Director of Public
Works. Permitted sidewalk cafes must abide
by the requirements and limitations as deter-
mined by City Council.
SECTION VII. REPLACING SECTION 10-3-
3(B){3). Repealing Section 10-3-3(B)(3) and
adding e new Section 10-3-3(B)13) to read as
follows:
(a) The area for a sidewalk cafe shall be
temporarily delineated by ropes or some other
suitable method which shall be clearly visible to
pedestrians. Tables, chairs and other items are
to be removed at the end of each day's opera-
tion, and the sidewalk care area shall be re-
stored to its normal condition as a pedestrian
way. No materials shall be stored on the public
right of way.
(b) Sidewalk cafe owners may submit a
request for seasonal fencing which is subject to
approval by the Director of Public Works.
Tables, chairs, and other items shall be secured
within the fencing at the end of each day's
operation so that they are unusable end shall
Ordinance No.
Page 4
not block or obstruct emergency exits. The
owner shall be responsible for any damages to
the sidewalk caused by the placement of the
fencing. A deposit shall be required prior to the
placement of any seasonal fencing on a public
sidewalk and shall be returned when the side-
walk is returned to its prior condition. The
amount of the deposit shall be set by resolution
of the City Council.
SECTION VIII. AMENDING "SUNSET" PROVI-
SION IN ORDINANCE 95-3676. Amending the
footnote provision in the codified version of
Ordinance 95-3676 which provided for auto-
matic repeal Nov. 1, 1997, and adding a new
sunset provision which provides as follows:
This Ordinance and the unchanged portions
of Ordinance No. 95-3676 shall automatically
be repealed on November 1, 1999 unless re-
enacted by City Council.
SECTION IX. REPEALER. All ordinances and
parts of ordinances in conflict with the provi-
sions of this Ordinance are hereby repealed.
SECTION X. 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 unconsti-
tutiol,al.
SECTION XL EFFECTIVE DATE. This Ordi-
nance shall be in effect after its final passage,
approval and publication, as provided by law.
Passed and approved this 'day of
,19 ......
MAYOR
ATTEST;
CITY CLERK
City Attorney's Office
Dat~:
To:
Ft.:
December 2, 1996
CiW Council of Iowa City
Dean DeSchepper
General Manager
Panthero's
Re: Changes to the Sidewalk Cafe ordinance
I have a few questions/concerns on the ordinances which govern the sidewalk cafes.
1. Many restaurants in Iowa City, such as Panchero's, pride ourselves on not using a microwave
We feel that having a microwave reduces the quality of the product that we serve to our
customers. I do not feel that the changes were meant to restrict businesses similar to us, but I feel
it should read differently than the proposed.
Possibly change it to "has a kitchen separate from the bar which has equipment that is required to
sustain a restaurant such as a microwave oven, stove, griddle, grill, broiler, and/or a food
refrigeration unit with a capacity in excess of twenty cubic feet."
2. I feel the current fee structure makes it difficult for many small businesses, like Panehero's, to
offer this amenity. 1 feel a flat fee would allow more businesses to have sidewalk cafes. With
more businesses offering cafes, it would add to the appeal of the downtown business area for
consumers.
3 Would the changes in the ordinance allow more permanent fences to be attached to the
sidewalk? For example, would we be allowed to attach a wrought iron fence to the sidewalk
throughout the seasons of its use?
Another concern about fences, would businesses, like Panchero's, who have spent a lot of money
on this equipment still be allowed to use the temporary barriers? We are a small business, and the
cost of new fencing at this time would make it impossible for us to continue to offer this amenity
tO our customers
Thank you for addressing these concerns.
Sincerely,
Dean DeSchepper
General Manager
Panchero's Inc.
,..O
Panchero's, Inc. · 32 S. Clinton · P.O. Box 1786 · Iowa City, IA 52244
Phone 319-338-3101 · Fax 319-358-6435