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SUBJECT: RESOLUTION 94, SERIES 2020 <br />DATE: NOVEMBER 24, 2020 PAGE 3 OF 6 <br />March 2021. So, extending the closure through March or April would allow for that <br />decision to be made based on public health circumstances at the time. The Resolution <br />is otherwise essentially the same as what Council has previously approved and would <br />allow flexibility for staff to determine the exact means and methods to carry -out the <br />extension. However, based on the DBA plan, staff discussions, and restaurant feedback <br />over the last several weeks, there are outstanding issues to consider. <br />Temporary Structures <br />Each participant in the current Outdoor Dining program is licensed for use of City right- <br />of-way and also must provide proof of insurance. The current license agreement limits <br />improvements that can be made within the outdoor seating areas, and when crafted, did <br />not envision temporary structures in the ROW, such as pergolas, domes, greenhouses, <br />etc. Early this fall staff created a streamlined process for reviewing and approving <br />temporary tents and structures, but limited this process to private property uses and <br />also linked requirements with Colorado Department of Public Health and Environment <br />(CDPHE) guidance on temporary outdoor structures (see Attachment #4). Applicants <br />with various structure types have been approved to -date, but in both Council <br />discussions, staff has affirmed that temporary structures are not permitted on Main <br />Street. If outdoor seating continues in the winter, a clear determination should be made <br />about the desired allowance for these temporary structures, as well as whether City <br />action should be taken regarding heating and lighting. <br />Planning and Building staff have been working with applicants who wish to place these <br />temporary structures, but some are not designed to meet life safety standards or handle <br />snow load. Also, certain types of heating are not permissible under a covered structure. <br />Even with holiday lights, Main Street will be much darker at night than it was during the <br />summer months, and supplemental lighting would need to consider somewhat limited <br />access to power as well as trip hazards of cords run from buildings. With direction from <br />Council to extend the closure, staff will further evaluate how to accommodate the <br />requests that may make the areas more comfortable but will likely find limitations. <br />Snow Removal <br />In a typical year, businesses are responsible for snow removal from their sidewalk and <br />City staff is responsible for snow plowing and removal in the streets for more significant <br />snow events. If Main Street remains closed, sidewalks must remain passable and <br />seating areas will need to be cleared of snow. There also needs to be a means to move <br />the snow from the seating to an area that does not obstruct other seating or <br />pedestrians. Under the current transition plan to on -street seating, restaurants would <br />remain responsible for their sidewalks and for removing snow out of the parking area <br />and into the street. <br />Staff is in the process of gathering quotes from contractors to perform snow removal in <br />the event of a continued closure. There is not sufficient staff capacity to provide hand <br />snow removal within the closure. If the closure remains in place, staff would plan to <br />CITY COUNCIL COMMUNICATION <br />