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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/06/2001 - SECOND READING OF ORDINANCE NO. 11, 2001, AMENDING AGENDA ITEM SUMMARY ITEM NUMBER: 31 FORT COLLINS CITY COUNCIL DATE: February 6, 2001STAFF: Ann Turnquist SUBJECT: Second Reading of Ordinance No. 11, 2001, Amending Chapter 23, Article III, Division 3 Pertaining to Encroachments on Public Property. RECOMMENDATION: Staff recommends adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY: On January 16, 2001 Council adopted, by a 5-0 vote, Ordinance No. 11, 2001, amending Chapter 23, Article III, Division 3 pertaining to encroachment permits. City Council made amendments to the proposed Ordinance on First Reading. Council's direction was to modify the Ordinance to apply to longer term encroachments, to retain the permit fee, to include liability protection and to postpone taking any action to adopt a leasing concept for outdoor eating establishments which are located on City property. Council also directed staff to discuss the leasing proposal with the Council Health and Safety Committee at its next meeting. The Ordinance as presented on Second Reading will require businesses with outdoor dining sidewalk encroachments to apply for a new permit. Provisions of the revised policy will include the following: • Permits will be issued for an indefinite term and will be revocable at the pleasure of the City Council or City Manager. • Permit holders will be required to provide ongoing liability insurance in the amount of $1 million listing the City as "additional insured" • The criteria for evaluating permit applications will include written consent of the adjoining property owner (if not the business itself), as well as a requirement that the encroachment does not constitute a nuisance, destroy or impair the use of the sidewalk by the public, or constitute a traffic hazard. • A fee will be charged to help defray the cost of administering the permit. The charge will be a one-time fee set by the City Manager. If the permit holder wants to change the size or configuration of the encroachment or the appearance of any structure in the encroachment, the business will need to apply for a modification of the permit and pay a new fee. • Existing permits will be revoked when this ordinance takes effect and new permits will be issued. . [NOTE: REDLINE SHOWS CHANGES FROM EXISTING CODE LANGUAGE; BOLD SHOWS PROPOSED SECOND READING CHANGES.] ORDINANCE NO. 11, 2001 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 23,ARTICLE III, DIVISION 3 OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO ENCROACHMENTS ON PUBLIC PROPERTY WHEREAS,Article III,Division 3 of Chapter 23 of the City Code authorizes the issuance of permits for certain kinds of encroachments upon streets, sidewalks, and other public grounds within the City; and WHEREAS,the City Council has determined that the encroachment provisions of Chapter 23 of the Code of the City should be amended to include more complete protective provisions for the fee owners of properties abutting the proposed encroachments; to clarify the City's ability to revoke such encroachment permits;and to add certain other terms and conditions with regard to the issuance of such permits in order to better protect the public health, safety and welfare. NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Sec.23 Peru t e� likl €Ivllt' Any..persost � ? ce or et ;a butttr313 .�`s;� a.. �r obsbu l car ncrnaplatrter-0 tp�p;;att 4� ublte #'1 1<^c�f W$ ,,{Jr 3O f 7",''3�E� 1 33 �3 p.:.) �, ..�. ,�3..n ,.xy:.�,.}( mv. LS .,,aee (a.w3Uu ap,�I� t Dr p,,',,,,'1���, ^1�.: .�',,, �'.'?;.337?�i'f,:l13�3 .,3�., au .:—K.3333 plro�Ix�:' i �iap� t� 3�p�r� spea � � �t� �at 23s5-�,P�t�e dad Section+2,. That Section 23-82 (3j of the Code of the City of Fort Collins is hereby amended so as to read in its entirety as follows: Sec. 23-82. Contents of Application. (a) The application for a permit shall contain the following: (1) The applicant's name, address and telephone number; • (2) The location of the proposed encroachment,obstruction or structure; (3) The type of encroachment, obstruction or other structure; (4) The purpose of the proposed encroachment, obstruction or other structure; (5) A statement that the applicant agrees to abide by the provisions of this Ar6elePM$W 8eetien 2. 44tat Seetion 23 82 afthe Gede of the Gity afFeft Gallins is hereby amended by the addition of new subseetions (6) and(7)to read as fe-Hows: 111� R, MMO'PrOWTE1111- WM qft�"' Me A A"I x Section 3. That Section 23-83 of the Code of the City of Fort Collins is hereby amended so as to read in its entirety as follows: Sec. 23-83. Investigation of application information; permit fee;e -M,t revocation. (a) The application shall be made to the Direetor of DevelapnwntServieesC'#y shall make or cause to be made an investigation of the information contained in the application and prior to the issuance of a permit:,shall determine the applicant f iq.the proposed encroachment,obstruction or other structure;i ,pxtisi . .......... - he fee "ONM f IM le, dsretl ,dn .. ...... ................... ..... ... . ...... judgment of.the City-Ma n,*pK!constitute a nuisance,- destroy destroy or impair the use of the right-of-way by the public or constitute a traffic hazard. No permit shall be issued where these eanditiew are fatmd to ex4sW,,,, ............ .......- ti " the 2 PtM., � x..<.xxx a_. �i.. 7N".0-ice AVOW (b) wil Vic) At the time of issuance mEtil , € ( im , the applicant shall pay a fee egaa} jttuti i'� > to li the costg e€ hich MIMI AM sriliJe�t 'lppltitand impeetien (*d)Arty stieh permit so issued may be revoked by the Direeter of Developmei Sen#4ees at my time the eanditions in this Seetim are Fetmd to exist, or whert it is e�6sts is required fer use by the pubHe-,Ji Divtstott authored Mder A t c1e i(S � t I of 3� tfer t dtdtngty,; any suph t sh ae"t Maria _ �ott ?a .e W � € . Thep>t anti shaII;not h .. dditiEd to 111�thee€riltl�l,'. 313 «€e6,ttpolliidilti' revoI tizz,ori Section 4. That Section 23-84(a)of the Code of City of Fort Collins be amendedto read as follows: Sec. 23-84. Notice to remove encroachment. (a) Whenever any encroachment, obstruction or structure is made or located contrary to the terms of the permit or without a permit or at such time as the permit 3 is revoked as provided for in this Ar6elep the City Manager shall give notice to the person who made or located such encroachment, obstruction or structure or caused or permitted it to be done or who owns or controls the premises with which such encroachment, obstruction or structure is connected to remove such encroachment, obstruction or other structure. It shall be removed within ten (10) days after notice. Section 5. That Chapter 23,Article III,Division 3 (Encroachments)of the Code of the City of Fort))Collins be amended by the addition of a new Section 23-86,to read as follows: e. .mw.. , NO 11011 1 3 ectus A1t1P off'", p3Y r *t►ke cIT �? + is �YiiWl,� .....» ... . .... .� .. .... ., � ,1 � + it t 9 tt.. ...... evake�l permits ' '.for a,neu; p t't a dan x th.... . Introduced and considered favorably on first reading and ordered published this 16th day of January, A.D. 2001, and to be presented for final passage on the 6th day of February,A.D. 2001. Mayor ATTEST: City Clerk 4 Passed and adopted on final reading this 6th day of February,A.D. 2001. Mayor ATTEST: City Clerk • • 5 AGENDA ITEM SUMMARY ITEM NUMBER: 26A-B i FORT COLLINS CITY COUNCIL DATE: January 16, 2001FROM: Ann Turnquist SUBJECT: Items Relating to Sidewalk Encroachment Leases. RECOMMENDATION: Staff recommends adoption oJ e Ordi ces st Readin EXECUTIVE SUMMARY: A. First Reading of Ordinance No. 11, 2001, Amending Chapter 23, Article III, Division 3 Pertaining to Encroach P Pr B. First Reading of Ord nce N 2, 2 1 endin ection 23-114 of the City Code Pertaining to Leases o r o door Establishments. City Council has asked City staff to examine its policies regarding private business use of City- owned sidewalks. In the past, the City has granted "encroachment" permits to private businesses for the use of public sidewalks for such things as tables, chairs, or full dining areas. The City has never charged a fee for this service or required the business owners to sign a lease for the space. Beginning in 2000, the Downtown Development piwyasgotiated ranting outdoor patio permits to businesses in the Old Tow guar _w at, per year cost. The cost was originally proposed at $3 pe quare fist, but to be $1, with the price fixed for three years. Other c ' sal he F n much as $3 per square foot, and as little as a flat fee of$50 per year. 1 y stapolicy similar to the DDA's be instituted for sidewalk encroachments on City-owned property. The change in policy would be directed at two goals. First, concerns have been raised about the use of City property without any cost to the business. In this situation, private businesses are benefiting from publicly owned improvements. This equity issue has become a concern in light of the recent change in DDA policies. Second, this policy would address liability issues that come with private use of public properties. Currently, with no lease in place, the City may not be able to ensure that the City's liability would be limited if an accident or injury occurred in one of these areas. The proposed ordinance limits the usage of the sidewalk spaces under the lease to 'outdoor eating establishments." This is because outdoor eating establishments can best enhance the DATE: January 16, 2001 2 ITEM NUMBER: 26 A-B attractiveness and ambiance of the commercial areas of the City without unduly interfering with the public's use of such rights-of-way. Key provisions of the proposed policy change will include the following: 1. The cost of the lease would be $1 per square foot, per year. 2. The lease would run for a term not to exceed 2 years. 3. Maintenance of the leased area would remain the responsibility of the business owner, including snow removal. 4. The lease would require that the business maintain appropriate liability insurance for the outdoor space of$1,000,00 th a ti insured" on the policy. 5. The City would continuUlo i exist le o ine when and where outdoor eating establishments mae as de a by th ity Manager. 6. Fences would not be requn a croac ts, unless State law requires the fence because of a liquor license. 7. Businesses would be required to control where tables or chairs are located so that pedestrian access is not limited. If a business' outside furniture becomes a problem for access, the City would be able to terminate the lease after an appropriate notice. Approximately 35 businesses currently hold encroachment permits and could be affected by the change. Existing permits would be terminated in favor of the new leases. Sizes of current encroachments range from one t n fr of 'ne t enclosed patio of over 1000 square feet. In total, approxi tely sq a et s w k space is occupied by private businesses. Prior to asking ncil fo ppro rdi ce, staff contacted each business which may be affected by the is h e vided th with detailed information about the proposal. In meetings conducted in October 2000, staff collected a number of comments, questions and concerns about the proposal. A summary of the comments is included in Attachment A. Based on the feedback received from various businesses, staff revised the proposed Ordinance. Changes were made regarding fencing, snow removal, cost issues and the method of structuring the fee. Issues which were not addressed include concerns that any regulation or costs imposed on downtown businesses might affect their ability to compete with other restaurants in other parts of the community. Con s r ai t r lat might affect the vibrancy of the downtown and midtow teas. sines we ncemed that the City was not recognizing that sidewalk d 'ng ha pos e ffect on a community's atmosphere and contributes to the community has ro the b s which is conducted on the sidewalks. In order to implement this policy, staff has proposed that City Council adopt Ordinance No. 12, 2001, amending Section 23-114 of the City Code to specifically address the issue of leases for outdoor eating establishments. Staff has also proposed that Council adopt Ordinance No. 11, 2001, amending Chapter 23, Article III, Division 3 pertaining to encroachment permits to clarify that such permits are fully revocable and that, as they apply to outdoor eating establishments, they may be used only for short-term events (9 days or less per year) such as a pancake breakfast or other special event. Also, some procedural rules were added to ensure that no such permit would be granted over the objection of the fee owner of the adjoining building.