housmin 05-19-20 - Laserfiche WebLink

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Director Milius stated that the 30-seat maximum addition outlined in the legislation is a good starting point. The Planning Department also considered a max of 50% of the tables inside a restaurant for outdoor seating to maintain 6-foot social distancing guidelines. She also noted the need to take into consideration the impact outdoor dining might have on residential neighborhoods. She shared that the city has received applications to expand into parking lots of businesses, highlighting the safety benefits of the requests. It was stated that the city's requirement of$5 million in liability insurance coverage has been prohibitive to sidewalk cafe tables. The city has expressed willingness to allow just$1 million in liability insurance as part of this legislation. The cost of parklets was noted as potentially prohibitive, as the cost of the physical structure is in the $15,000 to $20,000 range. The fees associated with buying the parking space for parklets are high as well. Chairman Shachner stated that he trusts business owners to not overextend themselves and that he is reticent to handcuff the Planning Commission if an owner is able to come up with a creative solution. Councilmember Kepple proposed adding the need for a defined barrier only for safety or in compliance with current law in Section 5 of the resolution. Discussion ensued regarding the $2.5 million liability insurance cap proposed in the legislation. The city has considered lowering the liability insurance requirement if a business is not serving alcohol. There were concerns expressed about equity, as business that already have outdoor dining have already purchased the $5 million policy that the city requires. It was noted that businesses that apply through the new process outlined in the legislation only benefit from it on a temporary basis. Assistant Director Swallow gave an overview of the conditional use permitting process renewal and how it might typically differ from the new proposed one under this legislation. She also added the importance of businesses having adequate insurance coverage and indemnifying the city to protect taxpayer dollars in the instance of a lawsuit. Reservations were expressed about not legislating a dollar amount of insurance required. Compromise was struck between the committee and the administration to allow for a $1 million liability policy for businesses not serving alcohol and providing sidewalk dining. Director Milius noted that based on the research she has done, alcohol has traditionally not been allowed in parklets. Contiguous outdoor dining has been the provision that allows the service of alcohol outdoors. Councilmember Rader questioned why the legislation is a resolution as opposed to an ordinance. Assistant Director Swallow indicated that the intent is not to codify the changes yet, and provide a temporary boost to businesses. The committee discussed procedure on making amendments to the legislation and the need for a special council meeting later in the week for the passage of the resolution. It was noted that the legislation would need to be referred to Planning Commission for review.