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STAFF REPORT <br />DAIRY ROAD <br />SIDEWALK <br /> <br />RESOLUTION RE: <br />AUTHORIZING <br />SUMMER-TIME CAFE <br />ON THE DOWNTOWN <br />MALL <br /> <br /> MR. HENDRIX STATED THAT THERE IS NO GREAT OVERWHELMING DESIRE TO HAVE <br />A SIDEWALK IN THIS AREA WITHOUT CERTAIN ACCOMMODATIONS TO THE HOMEOWNERS. <br />MR. HENDRIX STATED THAT BECAUSE OF THOSE ACCOMMODATIONS, THE COST OF THE <br />PROJECT HAD BEEN ESCALATED FROM $25,350 TO $65,000. MR. HENDRIX <br />RECOMMENDED COUNCIL DENY APPROVAL OF PROCEEDING WITH THIS PROJECT. <br /> <br /> DAVID NELSON, PRESIDENT OF BARRACKS/RUGBY/PRESTON NEIGHBORHOOD <br />ASSOCIATION, SPOKE IN FAVOR OF BUILDING THE SIDEWALK, STATING IT IS AN <br />IMPORTANT PROJECT. MR. NELSON INDICATED THAT THE ROAD IS NARROW AND <br />TWISTY AND SIMPLY UNSAFE. HE CONTINUED, SAYING HE SYMPATHIZES BECAUSE <br />MONEY IS SHORT, BUT THE DAIRY ROAD SIDEWALK PROJECT IS A NEEDED ONE. <br /> <br /> LOUISE FISHER OF DAIRY ROAD SPOKE IN FAVOR OF THE PROJECT SAYING <br /> <br />THAT SHE HAS TRIED FOR FORTY-FIVE YEARS TO CONVINCE THE CITY THAT A <br />SIDEWALK IS NEEDED. SHE STATED THAT WATER CONTROL IN THAT AREA IS MORE <br />IMPORTANT THAN THE ACTUAL SIDEWALK AND URGED COUNCIL TO GIVE CONSIDERATION <br />TO THE PROJECT. <br /> <br /> IRENE WATSON OF 1SI0 DAIRY ROAD STATED THAT THE SIDEWALK IS DEFINITELY <br />NEEDED AND ASKED FOR COUNCIL'S COOPERATION. <br /> <br /> MR. BUCK WAS CONCERNED THAT A LARGER NUMBER OF CITIZENS DID NOT <br />ATTEND THE MEETING TO RESPOND TO THIS SUBJECT. COUNCIL AGREED TO POSTPONE <br />FURTHER DISCUSSION OF THE DAIRY ROAD SIDEWALK PROJECT UNTIL THE NEXT <br />MEETING, WHEN THE VIEWS OF CITIZENS WILL BE ENTERTAINED. MR. BUCK <br />ALSO SUGGESTED TO MR. BERBERICH, DIRECTOR OF PUBLIC WORKS, THAT HE <br />CONTACT THE PRESIDENT OF THE GREENBRIER NEIGHBORHOOD ASSOCIATION, THE <br />CHARLOTTESVILLE HIGH SCHOOL NEIGHBORHOOD ASSOCIATION, AND THE PRINCIPAL <br />OF WALKER MIDDLE SCHOOL TO INFORM THEM ABOUT THE DISCUSSION SCHEDULED <br />FOR COUNCIL'S NEXT REGULAR MEETING. <br /> <br /> ROGER WILEY, CITY ATTORNEY, STATED THAT THE RESOLUTION PRESENTED <br />DISALLOWS THE MOBILE DISPLAYS WHICH WERE INCLUDED IN THE PLANS SUBMITTED <br />TO COUNCIL. MR. WILEY STATED THAT THESE DISPLAY FLOATS WERE SIMILAR TO <br />THE IDEA OF THE NEWSSTAND WHICH WAS DENIED BY COUNCIL A FEW MONTHS AGO. <br />MR. WILEY ALSO INDICATED THAT THE AREA OF THE CAFE BE CLEARLY DEFINED <br />BY CHAINS OR BARRIERS AND THAT A LICENSE WILL BE REQUIRED BY THE ABC <br />BOARD IF ALCOHOLIC BEVERAGES ARE TO BE SERVED. <br /> <br /> MR. STAN EPSTEIN, THE APPLICANT, INFORMED COUNCIL THAT HE WILL <br /> <br />COMPLY WITH THE DELETIONS. <br /> <br /> MR. CONOVER INDICATED THAT HE THINKS THE CAFE IS AN EXCITING IDEA, <br />BUT WOULD LIKE THE CITY TO HAVE FINAL APPROVAL OF THE PHYSICAL STRUCTURE. <br />MR. CONOVER MADE A MOTION TO THAT EFFECT, SECONDED BY DR. HALL. <br /> <br /> MR. ALBRO INDICATED THAT GIVING THE CITY FINAL APPROVAL WOULD ONLY <br />DELAY CONSTRUCTION OF THE CAFE. MR. ALBRO MADE A MOTION TO ADOPT THE <br />RESOLUTION WITHOUT THE CONTINGENCY OF CITY APPROVAL, WHICH WAS SECONDED <br />BY DR. HALL. THE MOTION WAS DENIED BY THE FOLLOWING VOTE: AYES: MR. <br />ALBRO, DR. HALL. NOES: MR. BUCK, MR. CONOVER, MRS. GLEASON. <br /> <br /> THE MOTION PREVIOUSLY MADE BY MR. CONOVER, SECONDED BY DR. HALL, <br /> <br /> TO ADOPT THE FOLLOWING RESOLUTION, CONTINGENT UPON FINAL APPROVAL BY <br /> <br /> THE CITY WAS ADOPTED BY THE FOLLOWING VOTE. AYES: MR. BUCK, MR. CONOVER, <br /> MRS. GLEASON. NOES: MR. ALBRO, DR. HALL. <br /> <br /> WHEREAS, THE ROCKFORD CORPORATION HAS APPLIED TO CITY COUNCIL FOR <br /> A PERMIT TO OPERATE AN OUTDOOR CAFE ON THE PEDESTRIAN MALL IN THE 300 <br /> BLOCK OF EAST MAIN STREET, IN CONNECTION WITH THE OPERATION OF THEIR <br /> DULY LICENSED RESTAURANT AT 3Z6 EAST MAIN STREET~ AND <br /> <br /> <br />