The URL can be used to link to this page

Home My WebLink AboutRatify - Sidewalk Cafe - Dainty Maid Co. 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 Ms. Christine Anderson Dainty Maid Co. 231 S. Michigan St. South Bend, IN 46601 manager@daintymaid.co RE: Sidewalk Café – 231 S. Michigan St. Dear Ms. Anderson: At its April 27, 2021 meeting, the Board of Public Works ratified your establishment’s Sidewalk Café Agreement. 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 April 27, 2021 AGREEMENT FOR TEMPORARY USE OF THE PUBLIC SIDEWALK FOR A SIDEWALK CAFE This Agreement is entered into this 13 day of April 20~, by and between the City of South Bend, Indiana, by and through its Board of Public Works (hereinafter, "City") and Daintv Maid Co. (hereinafter, "Permittee"). WHEREAS, Permittee has made application to the City for a permit to use a portion of the public sidewalk for a sidewalk cafe in front of Permittee's business at: Business Name: Dainty Maid Co. Address: 231 S. Michigan St. City, State, Zip: South Bend, IN 46601 Email Address: manager@daintymaid.co Contact Phone: 57 4 -339 -0321 WHEREAS, the site for the proposed sidewalk cafe 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 cafe will be in compliance with the guidelines for that area, and the City has approved the perimeter design of the proposed sidewalk cafe; and WHEREAS, the City has determined that operation of a sidewalk cafe 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: 231 S. Michigan St., South Bend, IN 46601 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 cafe in front of the above referred to address during the hours of: Days/Hours of Sidewalk Cafe Operation: Wednesday -Sunday 8:00 am -2:00 pm 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 cafe in front of any other business other than Permittee's. 6) The placement of the sidewalk cafe 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 cafe 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 cafe 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 cafe. 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 cafe 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. Permittee Signature: ----={!lr==-J_;_1A}:Jrf~·~Zm~~-'""---"f)}___;_..!...,;·_7f.L--J'-4,JAL!'-'-"""'-'-i""",,t""""'&77l"'""-=-L....:-------- Name: Christine M. Anderson Title: Property Manager Date: 4/13/21 ------------- BOARD OF PUBLIC WORKS APPROVAL President Member Member Member Member Date ELIZABETH A. MARADIK GARY A. GILOT JORDAN V. GATHERS JOSEPH R. MOLNAR 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 March 23, 2021 Ms. Christine Anderson Dainty Maid Co. 231 S. Michigan St. South Bend, IN 46601 manager@daintymaid.co RE: Sidewalk Café – 231 S. Michigan St. Dear Ms. Anderson: At its March 23, 2021 meeting, the Board of Public Works approved the application for a Sidewalk Café Permit outside your establishment at 231 S. Michigan St. between the hours of Wednesday to Saturday 8:00 a.m. to 2:00 p.m. and Sunday 8:00 a.m. to 2:00 p.m. Please ensure that that all electrical cords in the proximity of the outdoor dining area remain hazard-free, and that there is five (5) feet of usable sidewalk for pedestrians. This permit is for the set-up of the sidewalk café only; the regulations for the serving of food and alcohol are outside the Board’s authority and will need to be followed in accordance with those respective authorities. Enclosed please find a copy of the Agreement for your records. If you have any further questions regarding this matter, please call this office at (574) 235-9251. Sincerely, /s/ Anne Fuchs Anne Fuchs, Clerk Enclosures AF/lh INTEROFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE: TO: March 4, 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 – Dainty Maid Co. Café 231 S. 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) feet (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 restrictive. 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 by Engineering (MLL) COMMUNITY INVESTMENT: Favorable recommendation for approval provided there is proper ADA clearance from obstructions per ordinance. FIRE: Favorable POLICE: Favorable recommendation