1994-09-06 - Laserfiche WebLink

Home Browse Search

42 7. By accepting this permit, the operator agrees to indemnify the City and hold it harmless from all claims for injuries or damages of any kind whatsoever arising out of its occupancy of the public right-of-way or operation of the cafe. The operator shall maintain force during the term of this permit public liability insurance with a ~mum of $1,000,000 single limit coverage. The policy shall name the City as an additional insured as its interests may appear an be in a form approved by the City Attorney. 8. This permit may be revoked by City Council at any time after a hearing conducted at any regular meeting, provided the operator has been notified of the hearing by written notice delivered to its place of business at least ten days before such meeting, if the Council finds: (a) that the operator is violating the terms of the permit; (b) is delinquent in paying rent which may subsequently be imposed hereunder; (c) that the continued operation of the cafe poses a threat to the public health, safety or welfare or constitutes a public nuisance; or (d) if by June 1 st in any calendar year covered by this permit, the outdoor cafe has not been in substantial operation for a period of 60 days, or if the cafe ceases operation for a period of 30 days or more prior to Labor Day of any' year, 9. This permit may be revoked at any time upon six months' notice to the operator, for any public purpose as determined by the City Council. 10. Approval of this permit is conditioned upon the applicant's continued compliance with the plans previously approved by the Board of Architectural Review. 11. This permit shall not be assigned without the express permission of City Council. RESOLUTION: AMENDING MACAA SPECIAL PERMIT Mr. Hendrix explained that when the original special permit for the Monticello Area Community Action Agency (MACAA) was approved, it included a provision that the access Onto the 250 Bypass be closed for a one-year trial period, but since MACAA will not occupy the property until October of 1994, staff recommended that the permit be amended to start the one-year trial period at that time. On motion by Ms. Daugherty, seconded by Mr. Vandever, the resolution amending the MACAA special permit was approved by Council, with Rev. Edwards and Ms. Slaughter absent. WltEREAS, on January 4, I993, this City Council granted a special use permit to the Monticello Area Community Action Agency ("MACAA") for the use of 1025 Park Street as a community education center; and WHEREAS, by resolution dated July 6, 1993, a copy of which is attached, City Council amended the special use permit to require certain improvements to the Park Street entrance to the property, and to provide that the access to the property from the Route 250 Bypass be eliminated for a one year trial period, beginning on the date of the resolution and ending on July 6, 1994; and WHEREAS, the intent of the Planning Commission and the City Council was to require the one year trial period to take place during the first year of MACAA's occupancy and use of the property; and WHEREAS, MACAA has proceeded diligently with all required site plan improvements to 1025 Park Street, but has yet to occupy or otherwise use the property for its intended purpose; and WHEREAS, MACAA has requested that the one year trial period for closing the access to Route 250 begin with their occupancy of the property, which is anticipated to start on or about October 1, 1994; and WHEREAS, the request of MACAA is consistent with the original intent of the City Council.