Subject to change as finalized by the City Clerk. For a final official copy, contact the City
Clerk's Office, (319)753-8124.
MINUTES OF THE PROCEEDINGS OF
THE BURLINGTON, IOWA, CITY COUNCIL
Special Meeting No. 7
May 26, 1998
The Burlington City Council met in special session at 4:30 p.m. with Mayor Scott, Council
Members Edwards, Henry, Thomas, and Wright present.
SPECIAL MEETING NOTICE ACKNOWLEDGED
HEARING:
1. Statement: Consideration of An Encroachment Agreement for Salvador's Restaurant to
Place Three Tables on a Public Sidewalk for Outside Dining, Tabled from the May 18,
1998 City Council Meeting
COMMENTS: The City Manager reviewed the encroachment agreement for Salvador's
Restaurant to place three tables on a public sidewalk for outside dining. He stated that Corporate
Counsel was present should Council have any questions. Salvador Gonzales of 2109 South
Third Street stated that he might not be interested in the outside dining area if he had to bring in
the chairs and tables each night. He stated that he would also like to be able to start serving April
1 of each year should the weather permit. He stated that he had originally ordered thirty-six inch
tables, but when he picked up the tables they were forty-two inch tables. He stated that there was
a four-foot pedestrian clearance even with the larger tables. Deb Weeklund of Downtown
Partners, stated that it would cause problems for businesses to have to remove the tables and
chairs from the public right-of-way each evening. She stated that the ability to dine outside was a
quality that Downtown Partners desires for the downtown area. The Development Director
stated that staff felt the chairs and tables should be brought in each night due to liability reasons.
The Corporate Counsel stated that the City receives dozens of claims each year in regard to
public right-of-way. He stated that Salvador's should remove the tables and chairs at the end of
each work day. He stated that Salvador's would also have to indemnify, defend, and hold
harmless the City from any liability arising from accident or injury at the site, including listing
the City of Burlington as additional named insured per the encroachment agreement. Mayor
Scott stated that it bothered him that everyone was so concerned with liability. He stated that in
the past the City has not had any problems with encroachments. He stated that it would be
politically correct to help the downtown business owners. Council Member Thomas stated that
the outside dining area would add flavor to the downtown. He stated that Salvador's has been
promoting the downtown through various events. Council Member Henry stated that his concern
was with the minimum four feet clearance on a sidewalk. He stated that he would like to see a
minimum of five foot clearance. He further stated that he didn't feel the Council should have
allowed Salvador's to place the tables and chairs on the public right-of-way prior to approval of
the encroachment. He further made a motion that the petitioner must delineate the service area
and maintain a minimum of five foot of clear unobstructive passage for pedestrians at all times.
The motion died for a lack of a second. The City Manager suggested the following changes to
the encroachment agreement: that the tables and chairs be stacked and secured when not in use; a
site plan of the area must be reviewed and approved by City staff to insure adequate and
appropriate stacking, securing, and area delineation; April 1st beginning date for the tables and
chairs to be placed on the sidewalk; and the owners shall keep the improvement in good repair,
maintain right-of-way in a clean and orderly manner and not encroach further upon City right-of-way. Council Member Thomas introduced the Resolution Authorizing an Encroachment
Agreement for Salvador's Restaurant to Place 3 Tables on a Public Sidewalk for Outside Dining
as Indicated. Council Member Henry seconded the motion. After roll call vote by the City Clerk
the Resolution with the amended agreement was unanimously approved.
Motion to Close CARRIED
Resolution Approving An Encroachment Agreement for Salvador's Restaurant to Place
Three Tables on a Public Sidewalk for Outside Dining As Indicated
DISCUSSION: None.
(VOTE: 5 - "AYES") ADOPTED
RESOLUTION:
1. Resolution Approving Outdoor Sales Area for SAB, Inc. dba/Salvador's for Placement of
Three Tables on a Public Sidewalk for Outside Dining
DISCUSSION: The City Manager stated that the proposed Resolution provides for Salvador's to serve alcohol for outside dining at the three tables in front of their business. All present had opportunity to speak and nothing additional was filed in the office of the City Clerk.
(VOTE: 5 - "AYES") ADOPTED
ADJOURNMENT 5:29 p.m. APPROVED: June 1, 1998
Kathleen P. Salisbury Timothy E. Scott
City Clerk City Clerk C.M.C. Mayor
(See tape on file in the office of the City Clerk for complete discussion and documentation.)