1997-06-02 - Laserfiche WebLink

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29 1990, AS AMENDED, RELATING TO COMMUNITY DEVELOPMENT BLOCK GRANT PLANNING" was offered and carried over to the next meeting for consideration. REPORT: MOORE'S CREEK COMMITTEE Mr. Satyendra Huja, Director of Community Development, said that the Moore's Creek Advisory Committee recommended a phased approach to development of the trail: Phase I to be the northern section from Sunset Avenue to Fontaine Avenue, and Phase II from Sunset Avenue to McElroy Drive. Mr. Huja noted that one property owner in the section recommendation for Phase I is opposed to the project. Mr. John Evergreen, a committee member, recommended that bike access be provided to Fontaine Business Park. Mr. Evergreen said that it will be difficult to provide handicapped access to the Phase II portion of the trail. Mr. Toscano expressed concern about the costs to repair any flood damage to the trail and asked about access to the trail. Mr. Huja replied that there are three access areas to the trail. Ms. Daugherty made a motion to endorse the recommendation and to authorize staffto proceed to the next step. Ms. Richards seconded the motion. Mr. Toscano requested that the motion be amended to add a proviso that the matter come back to Council if the project is not within the proposed budget, and the amendment was accepted. The motion, as amended by Mr. Toscano, was unanimously approved by Council. RESOLUTION: APPROVING SIDEWALK CAFE FOR MICHAEL'S BISTRO Mr. O'Connelt provided background information on the sidewalk cafe request. Littlejohn's had requested a cafe in the past but would not agree to the requirement to close the restaurant at 2:00 a.m.. A cafe permit was later issued to the Jazz Club which later became Michael's Bistro. Since that time, concerns have been expressed by Corner merchants to the police about non-closure of the cafe. In addition, the cafe has been used by Litttejohn's which is not allowed by the permit. Mr. O'Connell said that staff'feel that denied of the cafe permit is preferable, but presented the option of approving a one-season permit with the provision that violation will trigger revocation of the permit, and that the cafe be closed by 1:00 a.m. Responding to a question from Ms. Daugherty, Officer Dwayne Jones, said that Littlejohn's is the only all night restaurant on the Comer. Officer Jones said recent issues include trash, failure to secure the furniture, alcohol usage, and noted that 32 violations have been issued in the last ten months alone. Officer Jones said that the issue was brought forward by Comer merchants in the fall. Mr. Cox said he is inclined to gram a one year permit and see if compliance changes. Mr. Toscano made a motion to deny the permit and Ms. Richards seconded the motion. Mr. Toscano said that he thought originally that he might be willing to approve the one-year permit, but feels he must deny the permit because of the disregard for city ordinances, especially in the last month since the original cafe permit application was submitted, and the need to protect public safety. Mr. Toscano also expressed concern that the cafe was really a cafe for Littlejohn's and not Michael's Bistro. Mr. Cox said he feels it is unfortunate that we penalize restaurants that stay open after 2:00 a.m. and he thinks it is unreasonable to require that the furniture be chained. Mr. Cox said he feels Council owes Mr. Craifaik the benefit of the doubt and should give him one last chance.