HomeMy WebLinkAboutSidewalk Cafe - Woochi Fusion & Bar, Inc.
ELIZABETH A. MARADIK GARY A. GILOT JORDAN V. GATHERS JOSEPH R. MOLNAR MURRAY L. MILLER
1316 COUNTY-CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601-1830
PHONE 574/ 235-9251
FAX 574/ 235-9171
CITY OF SOUTH BEND JAMES MUELLER, MAYOR
BOARD OF PUBLIC WORKS
April 13, 2021
Mr. Jeremy Young
Woochi Japanese Fusion & Bar
119 N. Michigan St.
South Bend, IN 46601
info@notjustsushi.com
RE: Sidewalk Café – 119 N. Michigan St.
Dear Mr. Young:
At its April 13, 2021 meeting, the Board of Public Works approved your establishment’s
Sidewalk Café Permit application for the hours of operation you provided. Please be reminded
that businesses are required to adhere to the provisions of their Sidewalk Café Agreement. A
copy is enclosed for your records. Thank you for signing an updated agreement with the City.
Please also be reminded that although the new application lasts for two (2) years from
the date of approval, the City requires businesses to provide an updated Certificate of Insurance
annually. We ask that you kindly mark your calendar with a reminder regarding this matter and
provide us with the appropriate information one (1) year from now.
If you have any further questions, please call this office at (574) 235-9251. We wish you
a happy, safe, successful spring season.
Sincerely,
/s/ Anne Fuchs
Anne Fuchs, Clerk
Enclosures
AF/lh
INTEROFFICE MEMORANDUM
BOARD OF PUBLIC WORKS
DATE:
TO:
March 17, 2021
Matt Longfellow, Engineering Department
Gerard Ellis, Fire Department
Chris Dressel, Community Investment
Brad Rohrscheib, Police Department
FROM: Anne Fuchs, Clerk
SUBJECT:
LOCATION:
SIDEWALK CAFÉ RECOMMENDATION –
Woochi Japanese Fusion & Bar, Inc.
119 North Michigan St.
PLEASE INSERT YOUR RECOMMENDATIONS IN THE APPROPRIATE FIELD BELOW,
BASED ON THE FOLLOWING ORDINANCE CRITERIA (Sec. 18 -15):
1. The sidewalk cafe conforms to all regulations of the City and of all laws affecting the use
and maintenance of such business.
2. Outdoor cafés and seating areas shall be so located as to maintain maximum sidewalk
width and clearance for wheelchair accessibility which shall exclude that portion of a
sidewalk reserved as a "separated bike lane." Sidewalk clearance of at least five (5) fee t
(sixty (60) inches) is required between outdoor café seating structures, landscaping or
other barriers and the curb or the closest edge of the separated bike lane. The Public
Right-Of-Way Accessibility Guidelines (PROWAG) shall be followed if more restri ctive.
3. The sidewalk cafe is not detrimental to the health, safety, or general welfare of the public,
including persons with disabilities.
4. The sidewalk cafe does not interfere with pedestrians or persons traveling along the
sidewalk.
PUBLIC WORKS: No objections.
COMMUNITY INVESTMENT : Favorable recommendation
FIRE: Favorable recommendation
POLICE: Favorable recommendation
AGREEMENT FOR TEMPORARY USE OF THE PUBLIC
SIDEWALK FOR A SIDEWALK CAFÉ
This Agreement is entered into this ________ day of _______, 20______, by and between the
City of South Bend, Indiana, by and through its Board of Public Works (hereinafter, “City”)
and ___________________________________________________________________________________________
(hereinafter, “Permittee”).
WHEREAS, Permittee has made application to the City for a permit to use a
portion of the public sidewalk for a sidewalk café in front of Permittee’s
business at:
Business Name:
Address:
City, State, Zip:
Email Address:
Contact Phone:
WHEREAS, the site for the proposed sidewalk café has been reviewed by the City’s
Board of Public Works, and it has been determined that allowing Permittee to utilize a
portion of the public sidewalk at that location will not interfere with pedestrian traffic
along the sidewalk; and
WHEREAS, the City has reviewed the Petitioner’s application, along with the
drawing, descriptions, and or information sufficient to enable the City to determine that
the exterior perimeter of the proposed sidewalk café will be in compliance with the
guidelines for that area, and the City has approved the perimeter design of the proposed
sidewalk café; and
WHEREAS, the City has determined that operation of a sidewalk café at the
location proposed in the site plan provided will not be detrimental to the health, safety,
or general welfare of the public.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is
agreed by the parties hereto as follows:
1) Pursuant to 18-15 of the South Bend Municipal Code the City hereby grants Permittee a
permit to use a portion of the public sidewalk at the following location (attach a
drawing):
Address:
2)The permit granted herein is for the sole purpose of permitting the temporary use of a
portion of the public sidewalk for the operation of a sidewalk café in front of the above
referred to address during the hours of:
Days/Hours of Sidewalk Café Operation:
3)The term of the permit shall be for two years from the date of issuance.
4)Permittee shall pay Ten Dollars ($10.00) to the City for the permit granted herein as
required by 18-15 of the Municipal Code.
5)The permit granted herein shall be for the use of only the area described above, which
area is located in front of Permittee’s business establishment. Nothing contained herein
shall permit Permittee to operate a sidewalk café in front of any other business other than
Permittee’s.
6)The placement of the sidewalk café shall allow five (5) feet of open sidewalk for ADA
and pedestrian access, except in special circumstances as defined in Section
18-15 of the South Bend Municipal Code.
7)Permittee shall limit the operation of the sidewalk café to the area described above, and
shall place a portable chain, rope, lattice, or similar barrier along the perimeter of the
described area in order to separate it from the remaining sidewalk area.
8)Permittee is responsible for compliance with all federal, state, and local laws and
regulations affecting the operation of their sidewalk cafe. These include but are not
limited to regulation of alcoholic beverages and the Americans with Disabilities Act
(ADA), and specifically ADA requirements for accessibility and accommodation into and
within the sidewalk cafe service area.
9)Permittee agrees to maintain the area encompassed in this Agreement and adjoining
public sidewalk area in a clean and sanitary condition, free from litter and debris
generated by the use of the sidewalk for restaurant purposes.
10) If required by the City, Permittee shall provide and maintain a closed trash container
as part of its sidewalk café operation. Such closed container shall be of a type and shall be
placed as determined by the City.
11) Permittee shall not affix any items to the public sidewalk or use the area permitted
herein in such a way that the public sidewalk is damaged.
12) Permittee shall indemnify, defend and save harmless the City from any and all
damage, injuries, losses, claims, demands or costs of any kind resulting from or arising out
of the use of public sidewalk by Permittee for a sidewalk café.
13) Permittee shall provide and maintain during the term of this permit policy of
public liability insurance, with coverage not less than $300,000 per person and
$1,000,000 per occurrence, naming the City as an additional insured as to the sidewalk
café operations. Permittee shall provide a Certificate of Insurance to the City showing
liability coverage as required above and providing for not less than 30 days’ notice to the
City’s Board of Public works prior to cancellation.
14)Should Permittee fail to comply with any of the terms or conditions of this Agreement,
the City, by its Board of Public Works, may revoke the permit to utilize the public
sidewalks as granted herein.
15)The rights granted herein may not be assigned by Permittee.
16)Notification of approval/denial of this request will be issued by return of this form, upon
signed authorization by the Board of Public Works. Please provide a contact email.
IN WITNESS WHEREOF, this Agreement was executed on the date first written
above.
Date:
Permittee Signature:
Name:
Title:
BOARD OF PUBLIC WORKS APPROVAL
President Member Member
Member Member Date
From:Brad Rohrscheib
To:Laura Hensley
Subject:RE: Question Regarding Sidewalk Cafe?
Date:Friday, March 19, 2021 4:41:01 PM
Sounds good. Thanks again!
From: Laura Hensley <lhensley@southbendin.gov>
Sent: Friday, March 19, 2021 4:35 PM
To: Brad Rohrscheib <brohrsch@southbendin.gov>
Subject: FW: Question Regarding Sidewalk Cafe?
Here is his response, please let me know what you think? Hope you have a great weekend!
From: Tim Tinker <tim@fatbird-sb.com>
Sent: Friday, March 19, 2021 4:20 PM
To: Laura Hensley <lhensley@southbendin.gov>
Subject: Re: Question Regarding Sidewalk Cafe?
That side has not changed from the previous patio for tapastrie. It’s 5 ft from the cement pillars. So
about 7 ft from the curb.
Thanks! Tim
On Mar 19, 2021, at 4:09 PM, Laura Hensley <lhensley@southbendin.gov> wrote:
Tim,
Thank you for providing the dimensions for the south side along Colfax, however they
are more concerned about the east side as it wraps around the corner on the Michigan
St. side by the entrance to the Morris. Can you provide similar measurements for that
part please? Thanks again!
From: Tim Tinker <tim@fatbird-sb.com>
Sent: Friday, March 19, 2021 1:57 PM
To: Laura Hensley <lhensley@southbendin.gov>
Subject: Re: Question Regarding Sidewalk Cafe?
Good Afternoon,
On the colfax side we made sure the fence was 5 ft from any permanent barrier. So
from the curb, it will be roughly 7 - 8 ft from the edge of the fence. We made the patio
really skinny along the front of the building, just trying to get as seating otions outside
as possible. That is where people are most comfortable to sit now.
Cheers, Tim
On Thu, Mar 18, 2021 at 3:51 PM Laura Hensley <lhensley@southbendin.gov> wrote:
Hello Tim,
The Police department have an issue with this request, could you please address this
question;
“What is the width between their fence and the curb especially on the east side”?
They think you need to provide more room beyond ADA requirements due to the
large crowds attending events at the Morris. These crowds all funnel around that
corner, and especially after an event ends. They don’t want to create a situation
where the café fence pushes pedestrians into the roadway?
Thanks so much for addressing this question. I look forward to hearing from you.
<image001.png>Laura Hensley
Administrative Assistant
Department of Public Works
(574) 235-5927
lhensley@southbendin.gov
City of South Bend
227 W. Jefferson Blvd., Ste. 1316
South Bend, IN 46601
Excellence | Accountability | Innovation | Inclusion | Empowerment
IMPORTANT NOTICE! This E-Mail transmission and any accompanying attachments
may contain confidential information intended only for the use of the individual or
entity named above. Any dissemination, distribution, copying or action taken in
reliance on the contents of this E-Mail by anyone other than the intended recipient is
strictly prohibited and is not intended to, in anyway, waive privilege or
confidentiality. If you have received this E-Mail in error please immediately delete it
and notify sender at the above E-Mail address. Please note that incoming e-mails are
not routinely screened for response deadlines, and as such, please notify the sender
separately by fax of any message containing deadlines. In addition, E-Mail
information cannot be guaranteed to be secure or error-free as information could be
intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain virus.
Therefore, the sender does not accept liability for any errors or omissions in the
contents of this message which arise as a consequence of E-Mail transmission. If
verification is required, please request a hard-copy version.
IMPORTANT NOTICE! This E-Mail transmission and any accompanying attachments
may contain confidential information intended only for the use of the individual or
entity named above. Any dissemination, distribution, copying or action taken in
reliance on the contents of this E-Mail by anyone other than the intended recipient is
strictly prohibited and is not intended to, in anyway, waive privilege or confidentiality.
If you have received this E-Mail in error please immediately delete it and notify sender
at the above E-Mail address. Please note that incoming e-mails are not routinely
screened for response deadlines, and as such, please notify the sender separately by
fax of any message containing deadlines. In addition, E-Mail information cannot be
guaranteed to be secure or error-free as information could be intercepted, corrupted,
lost, destroyed, arrive late or incomplete, or contain virus. Therefore, the sender does
not accept liability for any errors or omissions in the contents of this message which
arise as a consequence of E-Mail transmission. If verification is required, please request
a hard-copy version.
23THIS DRAWING, AND THE INFORMATIONCONTAINED HEREIN, IS THE PROPERTYOF ANCON CONSTRUCTION, INC. ANDMAY NOT BE REPRODUCED OR USEDIN ANY MANNER WITHOUT WRITTENCONSENT FROMANCON CONSTRUCTION, INC.2146 ELKHART RD. GOSHEN, INDIANA 46526DRAWN BYDATEJOB NUMBERREVISIONSANCON CONSTRUCTION CO., INC.SHEET NO.574.533.9561 574.674.9941 FAX: 574.534.5546CREDIT ANCON CONSTRUCTIONSCHECKED BYA300DEMOLITION PLANSSOUTH BEND, INDIANALOCATIONWOOCHISCALE: 1/8" = 1'-0"1 DEMOLITION PLAN - SIDEWALK CAFEDEMOLITION KEYNOTES#DESCRIPTION1PORTABLE FENCING-METAL2LIGHT POST3PERMANENT FENCE-PARKING LOT / BRADLEY COMPANY4LANDSCAPE5SIDE WALK CAFE AREA - ADULTS ONLY6ENTRANCE-MAIN7DOOR-BAR TO SIDEWALK CAFE8SIDEWALK-N. MICHIGAN ST.9SIDE WALK10SIDE WALK-BETWEEN SIDEWALK CAFE & PARKING LOT236145789949105'-5"LIGHT POST TO PARKING LOT FENCE7' N MICHIGAN9' LIGHT POST TO SIDEWALK CAFE FENCE2436"LIGHT POST TO SIDEWALK CAFE FENCE