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Regular Meeting <br />February 14, 2005 <br /> <br />there be regular litter policing on and off the site, that there be adequate City-approved <br />trash and litter containers and City-approved refuse disposal containers located <br />appropriately, that the applicant be required to install an exhaust system as necessary <br />to prevent escaping cooking odors, that operating hours be limited to 6:00 a.m. until 12 <br />midnight, that seating be strictly limited to the layout on this application including <br />outdoor seating subject to separate approval, and provision of a construction traffic and <br />parking plan acceptable to City management. An added condition, not agreed upon but <br />recommended to the Council, is to give notice to the applicant that on-site parking meet <br />zoning ordinance requirements as enforced by the City Manager and interpreted by the <br />City Attorney. There is a dispute between the applicant and the City as to what the <br />ordinance requires and Mr. Ollendorff pointed out that in this condition, the final <br />authority on what is required under the zoning ordinance is the City Attorney. The City <br />Manager urged the Council, with all these conditions, recommend approval. <br /> <br />Ms. Welsch asked what the procedure would be to accept the recommendation of the <br />Plan Commission without the added condition mentioned in the final line of the City <br />Manager’s notice to Council. She supports the position of the Plan Commission and <br />wants to move approval, but with the deletion of the final line of the City Manager’s item. <br />Mr. Sharpe seconded. <br /> <br />Ms. Colquitt agreed with Ms. Welsch but asked about the seating limited to the lay-out <br />of the application and why the outdoor seating was to be considered separately? Mr. <br />Ollendorff explained that the ordinance requires that for outdoor seating there be <br />specific approval of the layout. They have not submitted a specific plan for this function, <br />merely indicated where they intend to have this seating. <br /> <br />Patrick Liberto, 6269 Delmar Boulevard, Meshuggah Café, said his business once was <br />located in this property for several years. He came tonight to express his concern that <br />there may be a contentious issue for an applicant to come into the building which stems <br />from a previous issue with a previous tenant. The contentious issues had more to do <br />with what the City asked the property owner to do than with the applicant. Loop <br />merchants prefer a business moving in to an empty space. He surveyed some on the <br />Loop Special Business District members and he concluded that this new occupant is not <br />going to pose a problem for them. He asked that the City’s administration of traffic <br />issues be consistently applied to all businesses in the Loop. With the exception of <br />Shawn from Cicero’s, all other Loop Special Business District members seem to be in <br />favor and he wanted that opinion noted. <br /> <br />Mr. Wagner asked about approved trash and refuse containers and whether it included <br />recycling containers? He urged the owners to recycle and then moved to amend the <br />item to include a provision for recycling containers. Ms. Brot seconded the amendment. <br /> <br />Ms. Welsch said that while Mr. Wagner knows that she highly supports recycling, she <br />feels uncomfortable attaching something to this particular business if we are not asking <br />Page 5 <br /> <br />