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262 <br /> <br /> Mr. Lynch said that in previous years no one was denied a caf6 permit, but the <br />demand may be starting to exceed the supply. <br /> <br /> Mr. Tolbert said he is not aware of any cafes being denied a permit due to lack of <br />space. <br /> <br /> Ms. Richards said that there was some interest expressed by Council in reviewing <br />the fees annually as well as the locations, but said this would be hard to do with a two- <br />year permit. <br /> <br /> Mr. Tolbert said that unless there are major changes to the fire lanes the locations <br />for cafes are pretty well f~xed, and recommended that Council review the locations "from <br />time to time" in order to maintain flexibility. Mr. Tolbert said that the cafes are essential <br />to the mall and he feels that the $2 fee is fair and will be for awhile. <br /> <br /> Ms. Richards asked if overhead wiring had been looked into, and Mr. Tolbert said <br />it would be difficult to do from a code standpoint and is not something the Board of <br />Architectural Review is likely to allow, but said that the consultants have been asked to <br />address this issue. Mr. Tolbert said the recommendation about no electrical use is due to <br />the condition of the electrical supply. <br /> <br /> Mr. Toscano asked if there is some way to provide flexibility in the ordinance to <br />allow an electrical tie-in such as granting easements to nm under the brick or making the <br />owner demonstrate there will be no undue usage as determined by staff. <br /> <br /> Mr. Lynch said that the electrical circuits are often used for city events and <br />suggested that more information on their condition be provided. <br /> <br /> Mr. Caravati asked why the permit period is recommended to be two years, and <br />Mr. Tolbert said that one year was not felt to be long enough given the investment, but <br />said it could be three years. <br />Mr. Caravati asked if the provision requiring maintenance of the brick is <br />reasonable, and Mr. Tolbert said the City Attorney's office feels the language is adequate. <br /> <br /> Mr. Caravati said that there are some trees on the mall that will need to be <br />removed and the subsequent lack of shade may be an issue for cafes as will the need to <br />close during the tree removal and replanting. <br /> <br /> Mr. Craig Brown, City Attorney, said that caf6 owners have no guarantee of shade <br />and the City is allowed to shut down operations temporarily for safety issues. <br /> <br /> Ms. Richards recommended that language be added to indicate that fee increases <br />will only occur at the end of the permit period. <br /> <br />Mr. Caravati said the fees are tied to the term of the permit, <br /> <br /> Mr. Toscano said that language could be put in the ordinance that fees will be <br />reviewed every two years. <br /> <br /> Mr. Lynch said Council ought to be able to review the fee structure at any time. <br />He said that at some point the demand will be greater.than the space available, and the <br />market should decide the rate with current operators given the first right of refusal. <br /> <br /> Mr. Toscano made a motion to approve the ordinance with two amendments: the <br />fee structure wilt be reviewed on the second anniversary of the ordinance adoption and <br />every two years thereafter, and caf~ operators will be allowed to use the City's electrical <br />connection on the condition that there be no cost to the City and that it can be shown that <br />there is no undue use of the system Mr. Richards seconded the motion and it was <br />carried over to the next meeting for consideration, <br /> <br /> Mr. Lynch said he hopes sidestreet caf~ requests can be handled on an ad hoc <br />basis administratively rather than having them wait until the study is completed. Mr. <br /> <br /> <br />