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Home My WebLink AboutA001 - Council Action Form dated April 22, 1997 oCd R �r ITEM # DATE April 22, 1997 COUNCIL ACTION FORM F. SUBJECT: Ordinance Amending Municipal Code Regarding Sidewalk Cafe Permits BACKGROUND: With the approach of warm weather, the City Clerk's Office has received requests from Downtown and Campustown restaurants for sidewalk cafe permits. This type of temporary obstruction of the public right-of-way is addressed in Municipal Code Section 22.4, Subsection 3. A citizen has raised a concern that while establishments with sidewalk cafes may comply with Code Section 22.4, 3 (i) requiring a minimum of four feet of sidewalk width clear of obstructions, they may not always comply with Section 22.4, 3(e) requiring 50 percent of the sidewalk clear as measured from the curb, parking meter, or planter, whichever is closer to the building. Each request for a Sidewalk Cafe Permit is considered on a case-by-case basis, with safety of pedestrians and other passersby a primary consideration. It is Staff's belief that granting a permit for only 50 percent of sidewalk as measured from a parking meter, planter, or light pole is more restrictive than necessary to ensure safety of passersby, and that the intent of the ordinance would be more clearly conveyed if language indicating measurements from points other than the curb were deleted. In all instances, four feet of sidewalk width clear of obstructions will continue to be required. ALTERNATIVES: 1. The City Council can adopt an ordinance amending the Municipal Code to delete the words "or parking meter or planter, whichever is closer to the building" in Section 22.4, 3(e), thereby allowing sidewalk cafes to occupy no more than 50 percent of the City sidewalk width at any point as measured from the curb, with a minimum of four feet of sidewalk width clear of obstructions. 2. The City Council can adopt an ordinance amending the Municipal Code to provide alternate means of measuring areas designated for sidewalk cafes. 3. The City Council can choose not to amend the Municipal Code regarding sidewalk cafe permits at this time. MANAGER'S RECOMMENDED ACTION: It is the recommendation of the City Manager that the City Council adopt Alternative # 1, adopting an ordinance amending Municipal Code Section 22.4, 3(e) to delete the words "or parking meter or planter, whichever is closer to the building," thereby allowing sidewalk cafes to occupy no more than 50 percent of the City sidewalks width at any point as measured from the curb, with a minimum of four feet of sidewalk width clear of obstructions. + A See. 22.4. TEMPORARY OBSTRUCTIONS. (1) It is unlawful for any person to place any building or other materials, or to erect barricades, falsework, form work or place other temporary obstructions within the limits of streets, alleys or sidewalks in the city without first obtaining written permission from the city manager setting out the time to do the work. The permission given by the city manager shall specify the time, place and manner of placing the temporary obstructions and the precau- tions to be observed to protect the public during the time the obstructions are in place. The city manager may withdraw the permission at any time the obstructions become hazardous to the public or upon failure of the person failing or refusing to observe the instructions as set forth in the written permit. (2) No person shall construct any sidewalk, residence,building or other improvement, or while make repairs to the same, or for any other purpose,pile sand, dirt,brick, lumber, or other material upon any street, avenue, alley, or public place, or within the street limits, without maintaining at and thereon, at proper places, a lighted barricade, lighted lantern or flares between the hours of sunset and sunrise, sufficiently bright to be easily observed at a distance of three hundred (300) feet. (Ord. No. 809, Sec. 7; Ord. No. 812, Sections 67, 71; Code 1956, Sections 37-7, 76-67, 76-71; Ord. No. 3003, Sec. 34, 2-23-88) (3) Sidewalk Cafes. The purpose of this subsection is to set forth the conditions and requirements under which a sidewalk cafe, as defined, may be permitted to operate by Temporary Obstruction Permit on a public sidewalk within the City of Ames. (a) Definition. A sidewalk cafe is any group of tables and chairs, and its authorized decorative and accessory devices, situated and maintained upon the public sidewalk for use in connection with the consumption of food and non-alcoholic beverages sold to the public from, or in, an adjoining indoor restaurant. (b) Where Permissible. A sidewalk cafe shall be permitted only in zoning districts which allow indoor restaurants and then only if the sidewalk cafe is contiguous to an indoor restaurant and the cafe's operation is incidental to and a part of the operation of such contiguous indoor restaurant. A sidewalk cafe shall be located on the public sidewalk immediately contiguous to and abutting the indoor restaurant which operates the cafe, provided that the area in which the sidewalk cafe is located extends no farther along the sidewalk's length than the actual sidewalk frontage of the operating indoor restaurant, and all other applicable provisions of this article are fulfilled. (c) Alcoholic Beverages. The service of alcoholic beverages to customers using the sidewalk cafe is prohibited. (d) Number of Sidewalk Cafes. An indoor restaurant shall be permitted to operate only one sidewalk cafe, and each sidewalk cafe shall be confined to a single location on the sidewalk. (e) Sidewalk Clearances. A sidewalk cafe shall be permitted only where the sidewalk is wide enough to adequately accommodate both the usual pedestrian traffic in the area and the operation of the proposed cafe. A sidewalk cafe shall not occupy more than 50 percent of the sidewalk's width at any point as measured from the curb or parking meter or planter, whichever is closer to the building, and there shall be a minimum of four (4) feet of sidewalk width clear of obstructions. (f) Table and Chairs, Location and Requirements of Furniture.. All tables and chairs comprising _ a sidewalk cafe shall be set within the 50 percent of the sidewalk measured from the indoor restaurant building exterior wall, and shall not be situated within eight feet of any designated bus stop, and 20 feet from any street intersection. All outdoor dining furniture, including tables,chairs, umbrellas,and authorized accessory items, shall be readily movable. "Readily movable" shall mean that no object as stated above, which is part of the sidewalk cafe, shall be leaded,cemented,nailed, bolted, power riveted, screwed-in or affixed, even in a temporary manner, to either the sidewalk on which the sidewalk cafe is placed, to the building, or to any other structure which the sidewalk cafe abuts. Umbrellas must be secured with a minimum base of not less than 60 pounds. Outdoor heaters, fans, air conditioners, amplified sound, or speakers are prohibited. (g) Signs shall not be allowed at any outdoor cafe, except for the name of the establishment on an awning or umbrella fringe. (h) Insurance Requirements. Sidewalk cafe owners shall procure and maintain, for the duration of the Temporary Obstruction Permit, insurance against'claims for injuries to persons or damages to property which may arise from, or in connection with, products, materials and services provided. Sidewalk cafe owners shall furnish the City of Ames with certificates of insurance, written by a company authorized to transact business in the state of Iowa, evidencing the following coverages: (i) Comprehensive general liability with limits no less than $500,000 combined single limit. (ii) Combined single limit per occurrence for bodily injury, personal injury and property damage. The policy shall name the City of Ames as an additional named insured and require 30 days written notice of cancellation. The coverage shall be a least as broad as the ISO Form Number CCMOI covering commercial general liability written on an occurrence basis only. (i) Delineating Sidewalk Cafe Area. The sidewalk cafe shall be delineated by barriers separating patrons from the pedestrian traffic on the sidewalk. The detailed requirements for each sidewalk cafe ,rill be determined as warranted. The barriers will be within the 50 percent of the sidewalk designated for the sidewalk cafe, or to ensure a minimum of four (4) feet of sidewalk width clear of obstructions. 0) Food and Beverages. A sidewalk cafe shall serve only food and non-alcoholic beverages prepared, or stocked for sale, at the adjoining indoor restaurant. (k) Service Requirements. The outdoor preparation of food and busing, or service stations, are prohibited at sidewalk cafes. The presetting of tables with utensils, glasses, napkins, condiments, and the like is prohibited. All exterior surfaces within the sidewalk cafe shall be easily cleanable, and shall be kept clean at all times by the permittee. Restrooms for the cafe shall be provided in the adjoining indoor restaurant, and the cafe seating shall be counted in determining the restroom requirements of the indoor restaurant. (1) Trash and refuse storage for the sidewalk cafe shall not be permitted within the outdoor dining area, or on adjacent sidewalk areas, and the permittee shall remove all trash and litter as they accumulate. The permittee shall be responsible for maintaining the outdoor dining area, including the sidewalk surface and furniture, and adjacent areas in a clean and safe condition. (m) Days and Hours of Operation. Sidewalk cafes shall operate on days whenever fair weather would enhance outdoor dining from the dates of April 1, to October 31, of the said given year that the Temporary Obstruction Permit was issued. The hours of operation are limited to between 7:00 a.m. and 1 1:00 p.m. Tables, chairs and all other furniture used in the operation of an outdoor cafe shall be removed from the sidewalk and stored indoors at night, and whenever the cafe is not in operation. The City shall have the right and power, acting through the City Manager or his designee, to prohibit the operation of a sidewalk cafe at any time because of anticipated or actual problems of conflicts in the use of the sidewalk area. Such problems and conflicts may arise from, but are not limited to, scheduled festivals and similar events, parades or marches, repairs to the street or sidewalk, or from demonstrations or emergencies occumng in the area. To the extent possible, the permittee shall be given prior written notice of any time period during which the operation of the sidewalk cafe will be prohibited by the City, but any failure to give prior written notice shall not affect the right and power of the City to prohibit the cafe's operation at any particular time. (n) Findings and Conditions. In connection with granting approval for any Temporary Obstruction Permit for a sidewalk cafe, the City Manager shall make findings that the proposed operation meets the limitations of this subsection, and the Manager may-impose such conditions in granting approval as are needed to assure that the proposed operation will meet the operating requirements and conditions set forth in this article, and to assure that the public safety and welfare will be protected. (o) Term and Renewal. A Temporary Obstruction Permit for a sidewalk cafe shall be approved by } the City Manager for a maximum period of one year. Thereafter, the City Manager, if an extension application is filed prior to any expiration date of the Temporary Obstruction Permit, may extend the permit for additional periods, not to exceed one year each, following review and approval of the cafe's operations. In the event the City Manager decides additional or revised conditions are necessary,to which the applicant objects, or if the City Manager decides that the permit should not be renewed at all, the application shall be referred to the City Council, which shall hold a public hearing and thereafter decide the matter. The City Manager may make any renewal of a Temporary Obstruction Permit subject to additional and revised conditions and requirements. Any renewal granted by the City Manager shall not exceed a period of one year. All applications shall be filed with the City Clerk, who shall refer them to the City Manager. The City Clerk shall maintain the records of permits issued, denied, or revoked. (p) Revocation. A Temporary Obstruction Permit may be revoked by the City Manager, following notice to the permittee and a hearing,upon a finding that one or more conditions of the permit or of this article have been violated, or that the sidewalk cafe is being operated in a manner which constitutes a nuisance, or that the operation of the sidewalk cafe unduly impedes or restricts the movement of pedestrians past the sidewalk cafe. (Ord. 3125, 4-9-91) Rey -1-9> �l„111, CITY OF I I AMES Communi Universi CITY CLERK'S OFFICE P.O. BOX 811 AMES IOWA 50010 ty ty OPportumty 515 CLARK AVE- (515)239-5105 April 24, 1997 .................... FIEID(cafe name) FIELD( ddress) FIE. D(csz) Dear PI:ELD(owner name): At the April 22, 1997, meeting of the Ames City Council, City Staff proposed that the Council consider a revision to Section 22.4 of the Ames Municipal Code, regarding sidewalk cafes as temporary obstructions of the public right-of-way. The proposed revision was the result of a complaint from one citizen about a downtown establishment not meeting Code requirements for sidewalk clearance when measurements were taken from fixed items in the right-of-way. However, as the proposed revision could impact current and future permits for all sidewalk cafes in Ames, the Council postponed taking action on this issue until its May 13 meeting, so that establishments such as yours could be notified. The proposed revision deletes current Municipal Code language referring to determining sidewalk clearance widths by measurements taken from various fixed items in the right-of-way, as follows: "A sidewalk cafe shall not occupy more than 50 percent of the sidewalk's width at any point as measured from the curb and there shall be a minimum of four(4) feet of sidewalk width clear of obstructions." Copies of the Staff Report previously sent to the Council and of the proposed ordinance are enclosed. The May 13 meeting will be held in the Council Chambers of City Hall, 515 Clark Avenue, beginning at 7:00 p.m. While you are not required to attend this meeting, we invite you to attend to submit your views on the proposed revision. You may also present your views in writing, either at the meeting or by sending a copy to the City Clerk's Office prior to the meeting date. Sincerely, Sandra L. Ryan City Clerk enclosures Cafe Beaudelaire 2504 Lincoln Way Ames, IA 50014 \ c I Claudio and Kellie The First Edition _f\ (yof\*j 330 Main St. � �� Ames, IA 50010 Kathy Lucullan's/ Caffe Luc's up 400 Main Street - Atnes, IA 50010 ` I Kathy ve&\vE Memories on Main 203-205 Main Street Ames, IA 50010 Carol People's Bar & Grill 2430 Lincoln Way Ames, IA 50010 Rob Santa Fe Expresso (7) 116 Welch Ave. Ames, IA 50014 Dwight Cafe Lovish C— ) 2512 Lincoln Way Ames, IA 50014 Lovi sh