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HomeMy WebLinkAboutCorrespondencePage 1 of 2 Bob Cowell - MOU and Dining & Entertainment Ordinance From: Bob Cowell To: Chris Scotti <chris@chrisscotti.com> Date: 7/26/2011 5:35 PM Subject: MOU and Dining & Entertainment Ordinance CC: David Neeley Attachments: DRAFT - Outdoor Dining Ordinance - Version Revisions - Version 5 - 07.26.1l.docx Chris, 5 - 07.26.11.docx; DRAFT - Alcohol Ordinance Based on our last conversation, I have revised and attached a draft of the staff recommended ordinance(s) for outdoor dining areas in Northgate. I believe these latest revisions accurately reflect the agreements reached in the various meetings leading up to this point and actually exceed the intent of what was agreed upon with the MOU. This is the version of the Ordinance we want presented to the Board at their earliest convenience. I am including in this e-mail a brief narrative of what the ordinance accomplishes. I hope this helps in explaining the items to your members. With the delivery of the original draft ordinance prior to July 1st and now this revised ordinance, I believe the City's obligations as stated in the MOU are complete. As we noted in our meeting, TxDOT will be advertising the project for bid on August 1st. As we have discussed on a few occasions, it is critical that we secure the easements quickly so that TxDOT may proceed on schedule. I understand that there remain some details to get worked out on the specifics of the ordinance and that a stakeholder meeting and public hearings remain necessary and we will work to schedule those as soon as practical. Thanks for your work on helping to get us to this point. I look forward to working with you to finalize the details. If you have any questions or need additional information please let me know. Thanks, Bob Overview of Proposed Ordinance Objective of the ordinance is to create opportunities for use of public areas (sidewalk, promenade, etc) by adjacent businesses for dining, alcohol sales and consumption, and entertainment. All existing opportunities associated with merchandise sales currently permitted by UDO remain (that is merchandise may be displayed and sold on sidewalks adjacent to businesses provided minimum clear zones are maintained and all merchandise and displays are removed daily. In addition to the currently permitted merchandise sales the following will be permitted: Dining and alcohol sales/consumption for patrons seated at a table will be permitted on a portion of the sidewalk along College Main, along University, and along the Promenade. Businesses will be allowed to provide seating areas adjacent to their businesses for the purposes of dining and alcohol sales (during peak periods - only on College Main). The area permitted during peak periods must be enclosed by a barrier of a design and type approved by the City (Note: these barriers will actually be purchased and installed by the City). A total of 26' on College Main shall remain free of all obstructions, 10' along University, and at least 13' between the property line and the pavilion support structures (in addition to the remaining pedestrian area) along the Promenade. fileWCADocuments and Settings\bcowell\Local Settings\Temp\XPgrpwise\4E2EFAC7Cit... 9/23/2011 Page 2 of 2 . The area along College Main will function as the required fire lane, will house the two bike lanes, and will house the open sidewalk area (all of this will be placed on a level area of pavers consistent across the entire closed street. . Annual permits will be required for all permitted areas and a security fee will be assessed to provide additional law enforcement resources in the area. The security fee will be based upon a formula or sliding scale that is based upon the square footage of the permitted area and the anticipated number of patrons that the area can accommodate. . Areas used only during non -peak periods are not permitted to have any permanent barriers and all tables and chairs used for such purposes shall be moved into the business establishment at 9:00 p.m. e Peak periods will generally begin at 9:00 p.m. nightly. Both peak and non -peak periods may be adjusted as necessary by the City Manager for specific events. . Special events will be permitted on the Promenade following the standard special event permitting process which will be amended to increase the number of permitted special events allowed on the Promenade (please note - this is a separate ordinance amendment from the ordinance addressing outdoor dining and is yet to be finalized). As with any special events, alcohol sales and consumption will be permitted consistent with the terms of the special event permit. . Merchandise kiosks will be permitted on the Promenade. Sales of food or alcohol will not be permitted from these kiosks and the kiosk design must be approved by the City and must be removed from the area daily. (please note - this is a separate ordinance amendment and application process from the ordinance addressing outdoor dining and is yet to be finalized) file://C:\Documents and Settings\bcowell\Local Settings\Temp\XPgrpwise\4E2EFAC7Cit... 9/23/2011 Page 1 of 5 Bob Cowell - RE: MOU and Dining & Entertainment Ordinance From: Bob Cowell To: Chris Scotti Date: 7/27/2011 4:49 PM Subject: RE: MOU and Dining & Entertainment Ordinance Absolutely agree and believe that is a great way to proceed. If you have any other questions please let me know. Thanks, Mn >>> Chris Scotti <chris@chrisscotti.com> 7/27/2011 4:50 PM >>> Understood. I am going to try and make it clear that just because we believe the city has met their MOU commitments does not mean we can't speak up about the details of this as the process goes forward. Some still disagree with the justification for the security fee itself, but that may be a more productive discussion with some PD leadership in the room and I certainly don't want it to hang things up now. Thanks, Chris Scotti Executive Director Northgate District Association chrism chrisscotti.com 979-574-3642 I k; N"149 lr..�.'" From: Bob Cowell [mailto:Bcowell@cstx.gov] Sent: Wednesday, July 27, 2011 4:34 PM To: Chris Scotti Subject: RE: MOU and Dining & Entertainment Ordinance Chris, For equity purposes and to spread the costs out to lower the individual costs, I actually think it will be necessary that anyone who takes advantage of the opportunities (peak or non -peak) will need to participate in the fee. We have structured the ordinance in such a way that the fee could be developed based on square footage of area used and take into consideration how many people could be served in such an area (this would obviously mean that businesses that use it for both peak and non -peak would pay more than one that would use it only during non -peak). file://C:\Documents and Settings\bcowell\Local Settings\Temp\XPgrpwise\4E3041BOCity ... 9/23/2011 Page 2 of 5 :.M >>> Chris Scotti <chris@chrisscotti.com> 7/27/2011 4:14 PM >>> Thanks, I'll pass it along. I have no idea whether what I think of as reasonable matches up with theirs, but my gut says a range of $500 to a few thousand a year for the larger places. Part of the problem is they feel like they are tasked with making a decision as to whether the patio's will be feasible for the businesses negatively affected by the project, it's hard to do that without knowing a ballpark cost. I was going to mention that it was only for businesses that serve alcohol at peak times, but noticed that the last version of the draft is a bit vague about that. Should I say that is the intent? Thanks, Chris Scotti Executive Director Northgate District Association ch risL8chrisscotti.com 979-574-3642 9 FOL f t UV US From: Bob Cowell [mailto:Bcowell@csbc.gov] Sent: Wednesday, July 27, 2011 3:51 PM To: Chris Scotti Subject: RE: MOU and Dining & Entertainment Ordinance Chris, Not sure what will be considered exorbitant, but the intent is to recover the costs associated with the requirement to place additional PD resources into Northgate. I am not able to provide an actual number at this point because there are so many variables (how many businesses will actually participate, how many resources are needed, etc). About all I can do at this point is try and reassure them that it is only to recover costs and that those costs will be kept as minimal as practical. Not sure how much this helps but maybe it's a start. Thanks, e >>> Chris Scotti <chris@chrisscotti.com> 7/27/2011 3:51 PM >>> Hi Bob, I only have a few responses so far, but the security fee uncertainty has already been brought up. Anything reassuring you would like me to pass along that ensures it will not be exorbitant and justifies why we are not file://C:\Documents and Settings\bcowell\Local Settings\Temp\XPgipwise\4E3041BOCity ... 9/23/2011 Page 3 of 5 figuring this out now? Thanks, Chris Scotti Executive Director Northgate District Association chris@chrisscotti.com 979-574-3642 -----Original Message ----- From: Bob Cowell [mailto:Bcowell@cstx.gov] Sent: Wednesday, July 27, 2011 6:32 AM To: Chris Scotti Cc: David Neeley Subject: Re: MOU and Dining & Entertainment Ordinance Thanks for the help and I too thought the name was a bit more accurate Please let me know what questions arise. Bob This message sent from my wireless Blackberry device -----Original Message ----- From: Chris Scotti <chris@chrisscotti.com> To: Bob Cowell <Bcowell@cstx.gov> Cc: David Neeley <Dneeley@cst(.gov> Sent: 7/26/2011 10:40:05 PM Subject: RE: MOU and Dining & Entertainment Ordinance Hi Bob, Thanks for sending, I think this will work and I plan to send it on to the board tonight. For what it's worth, I personally believe that this meets or exceeds the MOU's intent and will champion it as such to our board. I'm sure some will question the specifics of the security fee and peak hours, but I will try to get them to move past those details with the idea that we will get more specific as the ordinance process moves on. I appreciate all the effort on this, especially over the last few days! p.s. I like the latest "nickname" for the ordinance. "Dining & Entertainment" is much more descriptive than "Cafe" or "Patio".:) Thanks, Chris Scotti Executive Director Northgate District Association chris@ch risscotti.com <mailto:ch ris@chrisscotti.com> 979-574-3642 [cid: image00I.j pg@OICC4BDE.I DC78660] <htti): //www.facebook.com/pages/Northgate-District-Col lege-Station- TX/142221789145416> file://C:\Documents and Settings\bcowell\Local Settings\Temp\XPgrpwise\4E3041BOCity ... 9/23/2011 Page 4 of 5 From: Bob Cowell [mailto:Bcowell@cstx.gov] Sent: Tuesday, July 26, 2011 5:35 PM To: Chris Scotti <chris@chrisscotti.com Cc: David Neeley Subject: MOU and Dining & Entertainment Ordinance Chris, Based on our last conversation, I have revised and attached a draft of the staff recommended ordinance(s) for outdoor dining areas in Northgate. I believe these latest revisions accurately reflect the agreements reached in the various meetings leading up to this point and actually exceed the intent of what was agreed upon with the MOU. This is the version of the Ordinance we want presented to the Board at their earliest convenience. I am including in this e-mail a brief narrative of what the ordinance accomplishes. I hope this helps in explaining the items to your members. With the delivery of the original draft ordinance prior to July 1st and now this revised ordinance, I believe the City's obligations as stated in the MOU are complete. As we noted in our meeting, TxDOT will be advertising the project for bid on August 1st. As we have discussed on a few occasions, it is critical that we secure the easements quickly so that TxDOT may proceed on schedule. I understand that there remain some details to get worked out on the specifics of the ordinance and that a stakeholder meeting and public hearings remain necessary and we will work to schedule those as soon as practical. Thanks for your work on helping to get us to this point. I look forward to working with you to finalize the details. If you have any questions or need additional information please let me know. Thanks, Bob Overview of Proposed Ordinance Objective of the ordinance is to create opportunities for use of public areas (sidewalk, promenade, etc) by adjacent businesses for dining, alcohol sales and consumption, and entertainment. All existing opportunities associated with merchandise sales currently permitted by UDO remain (that is merchandise may be displayed and sold on sidewalks adjacent to businesses provided minimum clear zones are maintained and all merchandise and displays are removed daily. In addition to the currently permitted merchandise sales the following will be permitted: * Dining and alcohol sales/consumption for patrons seated at a table will be permitted on a portion of the sidewalk along College Main, along University, and along the Promenade. Businesses will be allowed to provide seating areas adjacent to their businesses for the purposes of dining and alcohol sales (during peak periods - only on College Main). * The area permitted during peak periods must be enclosed by a barrier of a design and type approved by the City (Note: these barriers will actually be purchased and installed by the City). A total of 26' on College Main shall remain free of all obstructions, 10' along University, and at least 13' between the property line and the pavilion support structures (in addition to the remaining pedestrian area) along the Promenade. * The area along College Main will function as the required fire lane, will house the two bike lanes, and will house the open sidewalk area (all of this will be placed on a level area of pavers consistent across the entire closed street. * Annual permits will be required for all permitted areas and a security fee will be assessed to provide additional law enforcement resources in the area. The security fee will be based upon a formula or sliding scale that is based upon the square footage of the permitted area and the anticipated number of patrons that the area can accommodate. * Areas used only during non -peak periods are not permitted to have any permanent barriers and all tables and chairs used for such purposes shall be moved into the business establishment at 9:00 p.m. file://C:\Documents and Settings\bcowell\Local Settings\Temp\XPgrpwise\4E3041BOCity ... 9/23/2011 Page 5 of 5 * Peak periods will generally begin at 9:00 p.m. nightly. Both peak and non -peak periods may be adjusted as necessary by the City Manager for specific events. * Special events will be permitted on the Promenade following the standard special event permitting process which will be amended to increase the number of permitted special events allowed on the Promenade (please note - this is a separate ordinance amendment from the ordinance addressing outdoor dining and is yet to be finalized). As with any special events, alcohol sales and consumption will be permitted consistent with the terms of the special event permit. * Merchandise kiosks will be permitted on the Promenade. Sales of food or alcohol will not be permitted from these kiosks and the kiosk design must be approved by the City and must be removed from the area daily. (please note - this is a separate ordinance amendment and application process from the ordinance addressing outdoor dining and is yet to be finalized) file://CADocuments and Settings\bcowell\Local Settings\Temp\XPgipwise\4E3041BOCity ... 9/23/2011 �Jp ,Ul,('�4a�:�c.e Page 1 of (y(tl CLti � L i,}�e rl `o.rt (y1c iF-�.f i Y 111.�if v�r�cirJ f7�(�✓ C'i)'Gl�`v) ;Ss11w.S, Lauren Hovde - RE: Proposed Cafe Dining/Commerce 6rditiance and Northgate Memorandum of Understanding (MOU) From: Chris Scotti <chris@chrisscotti.com> To: David Gwin <Dgwin@cstx.gov> Date: 7/1/2011 2:14 AM Subject: RE: Proposed Cafe Dining/Commerce Ordinance and Northgate Memorandum of Understanding (MOU) CC: Billy Couch <Bcouch@cstx.gov>, Bob Cowell Hi all and thanks for sending, David. <Bcowell@cstx.gov>, Chuck Gilm... Before getting into the disconcerting details, I want to highlight that these reflect small pieces of a much larger body of work that is this permit process. The draft presented Tuesday shows that extensive thought and collaboration between the departments (and the NDA!) has taken place, which is commendable and appreciated. We tend to spend the most time on the negative pieces in our discussions, but it's far too easy to forget all the positive results achieved. Furthermore, this is but one piece of a much larger agreement that is on the home stretch toward being (finally!) put to bed. Unfortunately, as I will detail below, I do riot believe this first draft (that I've seen, anyway) meets the City's commitment in the MOU. We are progressing quickly toward a resolution, but we need to get these incorporated into the draft before we can consider this item fulfilled. Here are my thoughts on each of the three larger concerns brought up Tuesday and addressed by David Gwin below. Concern 1 Security: Fee per sq. foot sounds good as a short term solution and I like the idea that this will give funding to PD directly rather than off duty officers, hopefully increasing the permanent presence in NG. The issue with the off -duty setup was driven home tonight when I was told that currently CSPD is not allowed to work off -duty in bars. i do think we will get some pushback from folks that believe this should be covered by tax dollars, but doubt it will be a deal breaker. We will need to get at least some rough numbers on the fee quickly as there area few key owners that will likely not sign easements until they know it is within reason. For what it's worth, reasonable to me would probably be a max of $5000 annually for the largest permitted areas and well under $1000 for the smallest, but 1 don't know the economics well enough to speak with much authority on this. Long term, we must figure out a more equitable way for taxesffees generated by increased business to cover city resources required (whether PD, parking staff, sanitation, etc...). Concern 2 -- Smoking distance from entrances: I'm not sure this is worth diving into — changing the smoking ordinance would be ugly. Since Tuesday, I have talked to two owners that say they have never had this enforced outside their bars, so if that is going to continue to be the case, perhaps we just drop this until it becomes a problem. This was completely off the radar screen until our meeting this week, and maybe it should continue to be. it may come up at the public meetings, so we might want to have a PC way to handle the question (Le. say "it is complaint driven and we've never received a complaint outside a bar"). file://C:\Documents and Settings\lhovde\Local Settings\Temp\XPgrpwise\4EOD2D8DCity o... 7/1/2011 Page 2 of 5 Concern 3 - Patio size/Sidewalks. This one is going to be harder to reconcile. Yes, the whole project is about public safety and regardless of the location, sidewalk size will grow and/or vehicle barriers will be in place, increasing pedestrian safety significantly. That said, it may not be the full 10' or 12' the UDO calls for in NG1, which technically should not be a problem since the bordering buildings are not being reconstructed. On University, specifically the CM to Boyett block, we set the expectation in the MOU that they would be getting at least some usable space in front of their businesses in return for providing the easements. If it's going to be a total of 14.5' after the widening, continuing to require a 12' sidewalk for pedestrian use will not work. That said, as little as 6' or so probably would, with the possible exception of the Dixie Chicken. In their case, I suggest we have a side discussion with them directly to see if some other accommodation can be made (Patricia promenade?). We led them to believe that their merchandise trailer would work on the sidewalk, but now that we are getting into the details, I just don't see that being feasible. On CM, the expectation was never set that the permitted areas would stretch out to the edge of the bike lane. Staff directly told one of our board members that we could expect a permit area that extended to approximately 11' from the stripes (5' bike lane + 6'sidewalk per Chuck on Tuesday). I went out and took some measurements of my own tonight, for what that's worth. My math said that at 11' from the stripes they would have approximately 16' of depth in the permitted areas on the East side of the street (it is -27' from the wall of the Corner to the stripes). I think people understand that 11' was a rough number and I think we all assumed those stripes were in the middle of the street. However, if we cut the space nearly in half from the expectation set by staff prior to signing, this will kill the deal with a few key owners and cause a PR disaster for all. While i tend to agree that the permanent sleeve/removable fence setup will be more attractive and functional, if we have to go to rope fences to accommodate emergency access, then so be it, Personally, I think removing the fences from the sleeves aren't any more hindrance than the bollards, bike racks, chairs, tables or shade structures, but that's a question for Fire (RB, glad to see you included on this)). Of course, if we have patios anywhere near the 16' depth on both sides of CM, this will leave only 20-22' for the bike lane and sidewalks by my math. With a 10' bike lane, that only means 10-12' of sidewalk if EVERYONE ON BOTH SIDES gets a permit. I believe that's an unlikely possibility, but even so, this is no longer a public street with cars zipping by, so I'm thinking it would still be a significant safety improvement and begs the question whether the 10' UDO sidewalk width rule still even applies (since it's now more like a path through a park). Even if 10' is still required, how about offsetting the bike path and making a single 10-12'sidewalk? Regardless, I urge you to reconsider making the bike lane at the some level as the pavers, and just demarcate it with stripes - that gives us some wiggle room if we get this wrong and probably would be easier for emergency access to have it all at the same level anyway. As mentioned at the meeting, I think we need to resolve these big issues fairly quickly because they could hold up the easements, and really they mean we don't have a draft ordinance that meets the MOU points. Although we never discussed Concern 1 directly as part of the MOU process, the exorbitant cost in the ordinance as written means the permit might as well not be offered to a few key businesses that only operate after 10pm. Regarding Concern 3, the MOU does clearly state that a "draft ordinance to allow merchants to utilize the sidewalk" will be recommended by staff. As mentioned in David's email below, none of the businesses that front University have a clear path to take advantage of this permit AT ALL. Furthermore, this draft provides for file://C:\Documents and Settings\lhovde\Local Settings\Temp\XPgrpwise\4EOD2D8DCity o... 7/1/2011 Page 3 of 5 permitted areas on CM that are half the size conveyed by staff prior to the signing of the MOU, essentially meaning we signed under false pretenses. As such, I believe we don't yet have a draft ordinance that meets the intentions and requirements of the MOU. I know you are all working hard on this and I only got the draft 2 days ago, leaving little time for you to discuss fixes. As such, I don't think it would be prudent for us to consider this a breach if we don't get this resolved by July 1st per the City's MOU commitment, as long as we are worldng toward a quick resolution. Rest assured, I am still working on collecting the easements from the parties that are not particularly concerned about this piece, and as soon as we get this to an acceptable point, I will get them from the last few. If we can get these issues resolved in the next week or so, I believe we will still be on track to get the easements completed by the August 1st deadline. As mentioned above, I do believe we are on the home stretch. To say we are all weary of this process is an understatement and I know we'll be thrilled when it's finally behind us. Hopefully this is only a small hiccup that we can resolve amongst ourselves and forget about rather quickly! I look forward to discussing further and wish you all a Happy 0' of July! Thanks, Chris Scotti Executive Director Northgate District Association chris(oo)chrisscotti. com 979-574-3642 From: David Gwin [maiIto: Dgwin@cstx.gov] Sent: Thursday, June 30, 2011 6:52 PM To: Chris Scotti Cc: Billy Couch; Bob Cowell; Chuck Gilman; Debbie Eller; David Neeley; Eric Hurt; Jeffrey Capps; Kathy Merrill; Lauren Heyde; Robert Alley; Randall Heye; Scott McCollum; Troy Rather Subject: Proposed Cafe Dining/Commerce Ordinance and Northgate Memorandum of Understanding (MOU) Hi, Chris: Following our June 28th meeting regarding the proposed cafe dining/commerce ordinance and Memorandum of Understanding (MOU), staff has explored the three primary issues you posed at the meeting. They were: Concern 1: The requirement for a licensed Texas peace officer to be located within each Permitted Area, between the peak hours of 10:00 PM and 2:30 AM, Thursday - Saturday, if alcohol is being served. file://C:\Documents and Settings\lhovde\Local Settings\Temp\XPgrpwise\4EOD2D8DCity o... 7/1/2011 Page 4 of 5 Recognizing that this could be especially onerous for smaller operators, we are currently developing and evaluating an alternative methodology that would continue to ensure public safety, however be based on a square footage and pro rata share ratio model. This option would be something like one officer per "said -number" of customers or one officer per "said -number" of square feet for all Permitted Areas within Northgate. The vendor would then pay an amount in addition to their permitting fee to cover this security cost. This still has to be further developed and refined ... but, once it's ready, 1 will send it your way. Concern 2: The potential for a Permitted Area to be considered non-smoking. The current smoking ordinance states that smoking is not permitted within a ten feet (10') radius of bars and respective bar area entryways, and a twenty feet (20') radius on all other public places or workplaces (Chapter 7, Section 9). In order to allow smoking within the proposed Permitted Areas, the ordinance would first need to be amended and that would have to be separate from this particular ordinance process. Furthermore, if the City does amend the smoking ordinance, there may still be some instances in which a public place's radius extends into a bar's otherwise allowable smoking area, thereby making it a non- smoking area. This is probably a much bigger issue for the smallest storefronts. Concern 3: Being able to fully utilize the additional sidewalk being created on University Drive and College Main. As you are aware, the whole impetus for the reconstruction efforts is to enhance pedestrian safety in Northgate. With that as the major driver, there are significant operational issues that limit the full utilization of the sidewalks on University Drive and College Main. On University Drive there is an average of approximately seven and half feet (7.5') of existing sidewalk between Wellborn Road and Tauber Street. Following reconstruction, there will be an average of seven feet (7') of additional sidewalk available. Although fourteen and a half feet (14.5') is a considerable amount of sidewalk the Unified Development Ordinance requires a minimum of twelve feet (12') of sidewalk following reconstruction. To make this work, we may need to look at how the space is to be used by the merchants to determine the best path forward. On College Main, the Permitted Areas will probably not be extendable to the very edge of the bike lane because of general access requirements needed by the Fire Department. Just so you are aware, the Fire Department has a standing lateral width requirement of twenty six feet (26') to operate their equipment in case of a major emergency. Even in light of this Fire Dept requirement and need, the merchants should still have approximately 8 -10 feet for cafe seating in any permitted areas in front of their businesses. Once again I appreciate your thoughts and comments and hope that I have addressed your concerns regarding the draft ordinance. Let me know if you need anything else. I look forward to receiving additional feedback from the Northgate District Association and others as we begin the more public stakeholder engagement phase of this part of the MOU. Thanks for all your assistance in this regard. file://C:\Documents and Settings\lhovde\Local Settings\Temp\XPgrpwise\4EOD2D8DCity o... 7/1/2011 Page 5 of 5 David P.S. - As we discussed on Tuesday afternoon, the very last of the City's MOU commitments will be delivered upon first thing in the morning and we look forward to moving forward with this project. David Gwin, AICP, CEcD Director of Economic & Community Development City of College Station, Texas (979) 764-3753 Telephone (979) 764-3785 FAX City of College Station Home of Texas A&M University fileWCADocuments and Settings\lhovde\Local Settings\Temp\XPgrpwise\4EOD2D8DCity o... 7/1/2011 Page 1 of 2 Lauren Hovde - Proposed Cafe Dining/Commerce Ordinance and Northgate Memorandum of Understanding (MOU) From: David Gwin To: Chris Scott! Date: 6/30/2011 6:52 PM Subject: Proposed Cafe Dining/Commerce Ordinance and Northgate Memorandum of Understanding (MOU) CC: Hi, Chris: Billy Couch; Bob Cowell; Chuck Gilman; David Neeley; Debbie Eller; ... Following our June 28th meeting regarding the proposed cafe dining/commerce ordinance and Memorandum of Understanding (MOU), staff has explored the three primary issues you posed at the meeting. They were: Concern 1: The requirement for a licensed Texas peace officer to be located within each Permitted Area, between the peak hours of 10:00 PM and 2:30 AM, Thursday - Saturday, if alcohol is being served. Recognizing that this could be especially onerous for smaller operators, we are currently developing and evaluating an alternative methodology that would continue to ensure public safety, however be based on a square footage and pro rota share ratio model. This option would be something like one officer per "said -number" of customers or one officer per "said -number" of square feet for all Permitted Areas within Northgate. The vendor would then pay an amount in addition to their permitting fee to cover this security cost. This still has to be further developed and refined ... but, once it's ready, I will send it your way. Concern 2: The potential for a Permitted Area to be considered non-smoking. The current smoking ordinance states that smoking is not permitted within a ten feet (10') radius of bars and respective bar area entryways, and a twenty feet (20') radius on all other public places or workplaces (Chapter 7, Section 9). In order to allow smoking within the proposed Permitted Areas, the ordinance would first need to be amended and that would have to be separate from this particular ordinance process. Furthermore, if the City does amend the smoking ordinance, there may still be some instances in which a public place's radius extends into a bar's otherwise allowable smoking area, thereby making it a non- smoking area. This is probably a much bigger issue for the smallest storefronts. Concern 3: Being able to fully utilize the additional sidewalk being created on University Drive and College Main. As you are aware, the whole impetus for the reconstruction efforts is to enhance pedestrian safety in Northgate. With that as the major driver, there are significant operational issues that limit the full utilization of the sidewalks on University Drive and College Main. On University Drive there is an average of approximately seven and half feet (7.5') of existing sidewalk between Wellborn Road and Tauber Street. Following reconstruction, there will be an average of seven feet (7') of additional sidewalk available. Although fourteen and a half file://C:\Documents and Settings\lhovde\Local Settings\Temp\XPgrpwise\4EOCC5DDCity ... 7/1/2011 Page 2 of 2 feet (14.5) is a considerable amount of sidewalk the Unified Development Ordinance requires a minimum of twelve feet (12') of sidewalk following reconstruction. To make this work, we may need to look at how the space is to be used by the merchants to determine the best path forward. On College Main, the Permitted Areas will probably not be extendable to the very edge of the bike lane because of general access requirements needed by the Fire Department. Just so you are aware, the Fire Department has a standing lateral width requirement of twenty six feet (26') to operate their equipment in case of a major emergency. Even in light of this Fire Dept requirement and need, the merchants should still have approximately 8 -10 feet for cafe seating in any permitted areas in front of their businesses. Once again I appreciate your thoughts and comments and hope that I have addressed your concerns regarding the draft ordinance. Let me know if you need anything else. I look forward to receiving additional feedback from the Northgate District Association and others as we begin the more public stakeholder engagement phase of this part of the MOU. Thanks for all your assistance in this regard. P.S. - As we discussed on Tuesday afternoon, the very last of the City's MOU commitments will be delivered upon first thing in the morning and we look forward to moving forward with this project. David Gwin, AICP, CEcD Director of Economic & Community Development City of College Station, Texas (979) 764-3753 Telephone (979) 764-3785 FAX City of College Station Home of Texas A&M University flle://C:\Documents and Settings\lhovde\Local Settings\Temp\XPgrpwise\4EOCC5DDCity ... 7/1/2011 Page 1 of 1 Bob Cowell - Northgate patio From; Lauren Hovde To: Bob Cowell. Date: 4/12/2011 11:12 AM Subject: Northgate patio This is probably going to be a long email, sorry, but I want to get the ball rolling and I will be out this week except for Thursday. Process: I think the best thing to do to address the patio issue in Northgate is to amend Section 5.6.B.13.c which allows outdoor sales in Northgate. I think weYwoull * t?n�d,tmdd a. t�ton e,�t t�hatt allows the Administrator to app as^'c �� Tod of the sales areas into the` nght of wayT' )fo`ugh language: "Tire Ad+nintstratsr=may allow the extension of outside sales areas into the public right-of-way if there are no possible conflicts of other provisions of Section 5.6 of this UDO." This way they would not need a separate permit, it would just be a site plan issue. I think. But, we do require PIPS for sidewalk and landscape improvement in the right-of-way, so they may still need a PIP. Timeline: I think Randall and I should begin engaging stakeholder next week. I anticipate that the NDA will want to have a meeting, but I will make sure to invite all of the Northgate businesses owners since they don't represent everyone. This will let us be ready for the May 19 P&Z Workshop and May 26 Council Workshop. Then I make the changes and send it back to the stakeholders who will have a week to review changes. It can then go to the June 16 P&Z and June 23 Council for public hearing and final action. This will make the ordinance be in effect by the beginning of July which gives business owners one month to prepare their site before school starts back. Issues: There are capacity, ADA, an4TAB6issues that I have already come across, but I will discuss those with you later. Only,the TABC is possibly big enough to hinder the process moving forward. Lauren Lauren Amelia Hovde '06 Staff Planner Planning & Development Services Department 979-764-3570 0 �7 1 eI A- file://C:\Documents and Settings\bcowell\Local Settings\Temp\XPgipwise\4DA433B4City... 4/13/2011