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HomeMy WebLinkAboutPermit - Sidewalk Cafe - The General Deli & Cafe1316 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 February 28, 2023 Mr. John M. Barany II The General Deli & Cafe 609 E. Jefferson Blvd. South Bend, IN 46617 the generaldelikyahoo. com RE: Sidewalk Cafe — The General Deli & Cafe Dear Mr. Barany: At its February 28, 2023 meeting, the Board of Public Works approved your establishment's Sidewalk Cafe Permit application for the hours of operation you provided subject to proper ADA clearance from obstructions. Please be reminded that businesses are required to adhere to the provisions of their Sidewalk Cafe Agreement. A copy is enclosed for your records. 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. Sincerely, /s/ Theresa Heffner Theresa Heffner, Clerk Enclosures TH/lh ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT JORDAN V. GATHERS MURRAY L. MILLER � �Spi3TH B.�O W rLncu 'a 1865 INTEROFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE: January 23, 2023 TO: Matt Longfellow, Engineering Department Gerard Ellis, Fire Department Chris Dressel, Community Investment Brad Rohrscheib, Police Department FROM: Theresa Heffner, Clerk SUBJECT: SIDEWALK CAFE RECOMMENDATION — The General Deli & Cafe LOCATION: 609 E. Jefferson Blvd. 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 cafes 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 protected bike lane. Sidewalk clearance is required between outdoor cafe structures, landscaping or other barriers and the curb or the closest edge of the separated bike lane. Maximum sidewalk wheelchair clearance is presumed to be at least five (5) feet (sixty (60) inches) consistent with Public Right -of -Way Accessibility Guidelines (PROWAG). However, under limited circumstances, where strict compliance with the five (5) feet pedestrian sidewalk ADA access would prevent, substantially impair, or render unfeasible the existence of a viable sidewalk cafe, then the pedestrian ADA sidewalk access area may be reduced from five (5) feet but to no less than four (4) feet to allow for a sidewalk cafe. The request for a reduction of sidewalk width clearance will be approved only if it is determined to be non -detrimental to the health, safety, or general welfare of the public, including persons with disabilities. The City's ADA Coordinator should be consulted where an exception is not clear or obvious. These requests must be reviewed in the context of all requests, or potential requests, for use of public sidewalk within the entire block. The request for a reduction of sidewalk width clearance may be approved only if it is determined to be non -detrimental to the health, safety, or general welfare of the public, including persons with disabilities. Among the circumstances that may justify such departure from the prescribed five (5) feet access are the following: a. When a small vertical obstruction, such as a light pole, traffic control sign, planter or affixed street furniture reasonably prevents the continuation of five (5) feet clearance for a short distance of thirty (30) inches or less. If a distance greater than thirty (30) inches is sought, there must be consultation with the City's ADA Coordinator. b. In instances where there is limited sidewalk width (fifteen (15) feet or less) available and a separated protected bike lane is parallel to and on the same vertical plane, level with, or an extension of the sidewalk, with no vertical obstruction, then for a business purpose such as a sidewalk cafe, bike rack, or other similar purpose, a portion of the protected bike lane may be authorized for use to make up for the needed reduced sidewalk clearance width. The required clear pedestrian path of not less than four (4) feet may extend into the separated protected bike lane provided that a minimum of six (6) feet of that bike lane is preserved solely for bicycle use (constituting five (5) feet of bike path and a one -foot buffer between bikes and pedestrians). The applicant at its expense shall display the City's prescribed form of Shared Zone signage to alert users to the change in conditions. 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: Favorable. COMMUNITY INVESTMENT: Favorable recommendation contingent upon meeting ADA minimum clearance widths and other requirements. FIRE: Favorable POLICE: Favorable recommendation by SIDEWALK CAFE APPLICATION City of South Bend - Board of Public Works 227 W. Jefferson Boulevard, Ste.1316 .KF,• South Bend, IN 46601 RESTAURANT/BUSINESS INFORMATION: I Name of Restaurant/Business: The General Deli & Cafe Address of Proposed Sidewalk Cafe: 609 E Jefferson Blvd Mailing Address- 609 E Jefferson Blvd. South Bend, IN 46617 APPLICANT INFORMATION: Applicant Legal Name. John M Barany II Title: 8 Owner ❑ Manager ❑ Other Email Address: thegeneraldeli@yahoo.com Phone: 574-220-6659 INCLUDE THE FOLLOWING ITEMS WITH YOUR APPLICATION: I ❑ Completed application including $10 fee. Make checks payable to City of South Bend. ❑ Site plan depicting the proposed sidewalk cafe showing placement/dimensions. ❑ Completed Agreement ❑ Certificate of Insurance ($1,000,000/occurrence and $300,000 person naming the City of South Bend as additional insured) AFFIRMATION I, the undersigned, agree that I will abide by all of the provisions of Section 18-15 of the South Bend Municipal Code and with all the provisions stated above as conditions of the issuance of this Permit. I further agree to indemnify, defend and hold harmless the City of South Bend from any liability, loss, cost, damage or expenses, including attorney fees, which the City may suffer or incur as the result of any use of the public sidewalks for a sidewalk cafe as permitted herein. I do hereby certify and affirm that all the information given in this application is true to the best of my knowledge. Signature of Applicant: -—�` Date: OFFICE USE ONLY: �' ( 0 Date Received: �� Fee Paid: pproval Date: AGREEMENT FOR TEMPORARY USE OF THE PUBLIC SIDEWALK FOR A SI DEWALK CAFE This Agreement is entered into this 20 day of Jan , 2023 1 by and between the City of South Bend, Indiana, by and through its Board of Public Works (hereinafter, "City") and The General Deli LLC (hereinafter, "Permittee"). WHEREAS, Permittee has made application to the City fora permit to use a portion of the public sidewalk for a sidewalk cafe in front of Permittee's business at: Business Name: Address: City, State, Zip: The General Deli & Cafe 609-613 E Jefferson Blvd South Bend, IN 46617 Email Address: thegeneraldeli@yahoo.com Contact Phone: 574-220-6659 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: 609-613 E Jefferson Blvd. South Bend, IN 46617 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: Sunday -Saturday 7am through 12am 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: Name: John M Bar ny 11 Title: Partner CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Elizabeth A. Maradik, President Gary A. Gilot, Member Murray L. Miller, Member Date: 01 /20/2023 Joseph R. Molnar, Vice President Jordan V. Gathers, Member Attest: Theresa M. Heffner, Clerk Date: February 28, 2023 t Our Ya Z• �>>��� Jew � �`.� '�- � _ ` � - 7 ' ..;. � z � �� `�•�f�fiJ"`! j LAv Ioz ,coN MASONRY WALL MR EXISTING ADJACENT ONE STORY RETAIL SP, NO WORK THIS AREA. : FIRST FLOOR PLAN CERTIFICATE OF LIABILITY INSURANCE DATE IMMIDDIYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER. AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsements . PRODUCER CANTACT David Giles The Leadership Insurance Agency, Inc. HONE . 574-277-1611 574 273-4557 52303 Emmons Road L • david@leadershipins.com Suite 31 INS R S AFFORDING COYERAOE NAIC6 South Bend IN 46637 1 INEMBE-RA: AUTO -OWNERS INS CO 18988 INSURED INSURER R, The General Deli LLC 609 E Jefferson Blvd E: South Bend IN 46617 rn►oeo nr_r=c reaYIeu�ATF &111MC 97- Rl`►l1AfAN NI IMRCR THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. N07WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1H R TYPE OF INSURANCE AD 91100 POLICY NUM ER >° UCYEFF POU F_X LIMITS A COMMERCIAL GENERAL LIABILITY CLAIMS MADE ® OCCUR Y N 09013483 10/09/2022 10/09/2023 EACH OCCURRENCE S 1000000 s 300000 MED EV LAM am pamm S 10000 PERSONAL SAOVINJURY S 1000000 GEN'L AGGREGATE LIMRAPPLIES PER: POLICY©J T LOC OTHER: GENERAL AGGREGATE S 2000000 S 200D000 PRODUCTS-COMP/OPAGG S AUTOMOBILeuAvt IiY ANY AUTO OWNED I SCHEDULED AUTOS ONLY _ AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY COMSIN@DSINGIJ:LOrSiI S BODILY INJURY (Per person) S BODILY INJURY (Per accident) S kpYER7Y➢ANWGE S S UMBRELLA LIAB EXCESS UAB OCCUR CLAIMS -MADE EACH OCCURRENCE S AGGREGATE S RETENTION S WORKERS COMPENSATION AND EMPLOYEJW LIABILITY Y I N .ANY PROPRIEfORIPARTNERIEXECUnVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) lr em desabs undor F OPERATIONS below NIA E.L.EACH ACCIDENT S E.L. DISEASE -EA EMPLOYEE S EL DISEASE -POLICY LIMIT S A Liquor Liability N N 09013483 10/0912022 10/09/2023 Each Occurencs 1000000 DESCRIPTION OF OPERATIONS J LOCATIONS I VEHICLES (ACORD 101, Addlttonal Remarks Schedule, may be attached It more space Is required) City of South Bend is additional insured with respect to General Liability. City of South Bend 1400 County City Building SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE t~rlts.atw. .ka z I South Bend ax- Email• ACORD 26 (2016103) YA%Aft 0_9IfAL• Annnn A.1. _1- _ .___ _�.�..�.'. ... ��... �...-........ .... .new ...v...•c... The ACORD name and logo are registered marks of ACORD DATE r. J i•-Z No.0 r � � '-k'' RECEIVED FROM ` _ ., �� • � ��_ � .....--.� -.,--- - .___ �_ ___ _---_ _- �.� . DOLLARS 0 FOR RENT 1:` FOR •-ty;_-1 ACCOUNT FROM TO LO�CASH PAYMENT - 1' MONEY BAL.DUE BY ° I"