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Home My WebLink AboutPermit - Sidewalk Cafe - The Music Village1316 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 July 11, 2023 Mr. Josh Aerie The Music Village 333 S. Michigan St. South Bend, IN 46601 j aerie kthemusicvillage. org RE: Sidewalk Cafe — The Music Village Dear Mr. Aerie: At its July 11, 2023 meeting, the Board of Public Works approved your establishment's Sidewalk Caf6 Permit application for the hours of operation you provided. Please be reminded that businesses are required to adhere to the provisions of their Sidewalk Caf6 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. We wish you a happy, safe, successful season. Sincerely, /s/ Theresa Hefner 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: June 5, 2023 Kyle Ludlow, Engineering Department TO: Gerard Ellis, Fire Department Chris Dressel, Community Investment Brad Rohrscheib, Police Department FROM: Theresa Heffner, Clerk SUBJECT: SIDEWALK CAFE RECOMMENDATION — The Music Village LOCATION: 333 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 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 caf6, 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 SIDEWALK CAFE APPLICATION City of South Bend - Board of Public Works 227 W. Jefferson Boulevard, Ste. 1316 South Bend, IN 46601 RESTAURANT/BUSINESS INFORMATION: Name of Restaurant/Business: Address of Proposed Sidewalk Cafe: S i V Sew -f660( Mailing Address: Z o. '-Ro- l (00� - 1 APPLICANT INFORMATION: Applicant Legal Name: Title: ❑ Owner ❑ Manager Ii"Other Email Address:.) Phone: ��r-`i -Z�5 rAC INCLUDE THE FOLLOWING ITEMS WITH YOUR APPLICATION: ❑ 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 attorneyfees, 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: Date Received� Fee Paid: � 13�� Approval Date: AGREEMENT FOR TEMPORARY USE OF THE PUBLIC SIDEWALK FOR A SIDEWALK CAFE This Agreement is entered into this. _'}day of 2Q Z3 , by and between the City of th BF9d, Indiana, b and through its Board of Public Works (hereinafter, "City") and (hereinafter, "Permittee"). i 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: L Address: City, State, Zip: Email Address: Contact Phone: 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: -� 3 3 S , C-L p�.,., t .�.�_ -Z:j ) Gov r 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: lS�l�t�r�t-,Q 3) The term 6f the permit Thal I 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: Title:- sE xcrd ; fTt Date: �II 2- 3 CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Elizabeth A. Maradik, President Gary A. Gilot, Member Murray L. Miller, Member ,�z 77Z Joseph R. Molnar, Vice President Jordan V. Gathers, Member Attest: Theresa M. Heffner, Clerk Date: July 11, 2023 N � C!OZ111 mma-ey" CERTIFICATE 4F LIABILITY INSURANCE 8!2023 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: 9 the cent to hotdorls an ADDITIONAL INSURED, the pa NCy es mus a en areIISUBRLIGATIONISWXMEU,—Bu-qoctto 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 endorsement(s). Prio rity Risk Managame nt 2628 South Michigan Street South Bead IN 46614 INSURED Ttw iilagerACorrmnunrtyMu-sicaiArtsAlliance, Inc. Tt* Music ViHap PO Box 11004 South Bond IN 46634 Certificate Npartnlerlt o 5i4-291-5510 IA�c.Nc: 574-20.1-8505 ADDRESS: Suss PriorfE 's OOM INSURER43I AFFOROINOCOVERAGE NAIC N KSURERA: West Bend Mutual Insuranw Go- 15360 IIsUIER e : Tim HARTFORD 00914 sUR€Rc INSURER D : UISURERE : IISURERF- COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 1 IHIS Lti I U f.;hK I NF Y THAT THE PIOLICiES OF INSURANCE LISTEN} BELOW ItAVE BEI-N ISSUED TO THE INSLSRED NAME OV FOR THE POLICY P QD INDICATED: NOTWITHSTANDING ANY RGOUIREMENT, 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. INSR ADDL 9UtIR• LTR TYPEOF �•ISrJRA.NC€ rH riVa POLICY NRiMBER POLICY £FF POLICY EKP AImmoyYYYI . !< MAMYY LIMITS - x fCOMIKERCIALGENERAL LABILITY FACHOMURRENCE 1,000,000 CLApu�s•ArJ4TSE X• O'.:i:llii Pri£7liiSES{Eaterxte;�o i 300,040 VUE€ EXP jAnyond vemml f 3 10,000 A _ v 176799I; 0610812022 Oi ON312G23 P--R.SONAi & ADV KJUPN 13 1,000,000 GEN'L AGGRLG4TE LIMIT APPLIES PER GENERAL AGGREGATE 1 2.000,000 ii POLICY ,SECT �� PRO0LK TS -c'.s. UP.OP AGG .y 2,OOO:e G rx11ER: 3 AUTOMOI9ILELIABILITY ;raven:ela�aj __ S 1.00G,OOG ANYAUTO B'ODLYINJURYAAUTOS zli? y� AUTOSS oL&� 1767996 06/08/2022 0&0812023 L' ' WF Y @VJi342.Y {P& Au1d,1s'!9 3 Itirt€DAtrTO; X AUTOS ki I aCVdanl} — — 1g >K IlUrSRELLA L Ae _ a:.G„R I DKOK}G A EXCESS UAB CLANS -MAN 1767998 0610&2022 0610812023 AG41REGNTE 3 1.000,000 K iDED T RETEINTIONs �.Y - 3 - - WORKERS ODMPERSADON AND EMPLOYERS'LAMLITY Y) N STATUTE CR .... ANY Vq' PR11101iP.ARgNr?2i CiT7dL 8 OFr1tiER�iEIlsisilx u i3 F N)A 36WEC81.9930 E L. EACH ACYC OENT 06/08/2022 Ofd0812023 • 1 1,000.00.3 Wandabrya,NDII EL;36rAS€-EAEMKOYEE 1 1,000,000 14yyea.der:k@ rider - r C5CRPTION Or C11 EsRATIONS r6km, E-L DISEASE- POLDCYLAAIT 3 1,000.000 A Directors and Officers Liability 1767812 06/08/2022 0610812023 S1, 00.0 NOLund DESCRIPTION OF OPERATIONS) LOCATIONS) VEHICLES ACORD 101, Addaional Rem elm ScINdute. maY ba atlhc]wd if atom space is m"wadl Cod ficate holder is nafned as additional insured I CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Cityof South BendACCORDANCE WITH THE POLICY PROVISIONS. County City Building 4th floor AUTHOR ZED REP RESENTATIIJE South Beef 46601 r•T*44'W da� 01988.2014 ACORD CORPORATION. All rights fesefva AE;0K0 25 (2014101) The ACORD name and Ingo are registered marks of ACORD CERTIFICATE OF LIABILITY INSURANCE 170508Y2023 TE4MMX)0NYYYI 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 fiofder is an ADDITIOUL INSURED, the pa cy es must be endorsed- . subject to the !arms and conditions of the policy, certain policies may require an endorsement. A statement on this certlEcato doss not confer rights to the certificate holder in Lieu of such andorsementts). PROOICER IUAUE: Certffi to Department Priority tisic hlan.tgnnsEnt PM Nko Esl 574,2911-5510 t .�aa : 57k 25i 5C5 2628 South Michigan Street A(1tNtESs: Susan iorit 'sk.com _ DMRBt181 AFFOMNGCOVERAGE eruc / SouthBertd IN 46614 WSURERA: West Bend Mutual Insurance 03- 15350 imsufDEo elsumR a: SENTINEL INS" CO LTD 11000 71~ Viliage:AComnwnityMusicalArtsAffiance,lnic INsURERc: The M us is Vi llago a18i+MR B PC) Box 11004 01SutER E South Bond IN 46634 INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTEF Y THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAI,4ED ABOVF FOR tHE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENIT, 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 CONIDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSP Anal sueR: LTR TYPEOFI1SURdNC€ WSO wVS7. POLKYNUMBER POLICYEFF POLICY EXP MMIDNYYY MMMWYYYn Irt#AICs x COMMERCIAL GENERALLIAB1LfrY EA0H0CCQ1RFMCE 1 1,000,0190000000 • CLAWS-VADE X OCCUR MEIAE Ses 300,000 - _tlCxl�IenYcsePaaail S 10,000 A y 1767996 06/0812023 0&08i2024 Y 1 1,000,000 GEdui'L AGGREGATE i.IVIT APPOESPErt: k ' PCxr-Y jECTPRO- = — L GENERAL AGGREGATE Pi4C7IDUCTS CCU S'OP :K'G s 2,000.000 �.S 2-000, 0 tJT ll'EiZ. I � AUTOMOHIt€LIABLITY -- - i acxdwlly _ 3 1,000,000 ANYAUTCI $Osi Y FLAW 4 A AUTOS"LL k�£� � OSCAEpllLFD 1767996 061'0&2023 0&1)8l2024 URY OLY NJyP&.ICddcsrii4 a x tt1R£OAU TOS X SOSOWNrD (Rw W1,i13Al 3 - S U11WRELLALJAS $t.00CUR r-AG,?0";lRR—FKCE 1 1.000,000 A EXcEss I" c,,ws-mADE 1767996 06f0&2023 0&'0812024 AGOREGATE 1,004,000 DE D 34 RETE4TIOd43 10,000 f _ WORNERS COMPENSATION AND E11tPLOYERS'LL461LiTY YIN A{yYF�Jr�'AF£Tv??,"�a=A+'�T7JrS�i�E7(i :`,s�i'JC �� OFFICEFV%IEWWR F—kC:.JC£s'I. ? N I NIA 36WECE4L�;j0 111andateryinHHI L-_J II YYes, 11dry�AhC urrdff 7ESCti1VTK)NOrOPERATIONS helrrw x'= STATUTE r:R E L EAC�si Ar-xCENT 06/0&2023 06/08i2024 £.i CL� 5E - EAdPLOY E.E.DiSEASE-P0LICYLNIT1$ � 1,000,000 - 3 1:00s0,io0 1,000.000 DESCROKHON OF OPERATIONS! LOCATIONS I VEHICLES 111COAD 14) 1, AddNkmal Remarta Schedule, maybe aitwcfrad if rrlwe Space is raquir0dp Certificate holdar is nanvd as additional insumfd CERTIFICATE HOLDER CANCELLATION S14OULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Cityaf SaUth Send ACCORDANCE WITH THE POLICY PROVISIONS. Runty City Building 4th float AUTHORLED REPRESENTATIVE South Send 46601 T/!. r74—awr� 1-01988-2014ACORDCORPORATU)N All rinht% rncnmM ACORD 25 (201"1) The ACORD name and logo are registered marks of ACORD 0' 5' 10, 20' 1"-110' (6.5"X.11" PLOT) EX VESTIBULE ENTRANCE TO THE MUSIC VILLAGE — PROPOSED SIDEWALK CAFE BARRIER MOUNT ING BASE (TYP) — THE MUSIC VILLAGE AGE 333 S MICHIGAN ST. SIDEWALK CAFE HOURS: MONDAY-SATURDAY, 9AM-9PM PROPOSED SIDEWALK CAFE 12'-0"X21'-0" NOTE 3 PROPOSED SIDEWALK CAFE BARRIER SEE NOTE 2 EX TRASH RECEPTACLE EX TREE WELL AND TREE ABBREVIATIONS: EX EXISTING IF EX FIRE HYDRANT LP EX LIGHT POLE TYP TYPICAL \ 0 CI EX CROSSWALK/ SIDEWALK TRANSITION RAMP-1 I EX TREE WELL �^ AND TREE (TYP) EX HANDICAP PARKING SIGN EX CROSSWALK/ SIDEWALK TRANSITION RAMP lop, o/ 06 EX STOP ! EX INFO SIGN LPOD 00 �H v-. EX CROSSWALK/ SIDEWALK TRANSITION RAMP c6 00 G r1i EX PLANTER T li _1 NOTES: 1. ALL DIMENSIONS PROVIDED IN FEET ROUNDED TO NEAREST TENTH OF 1-FT. 2. PROPOSED BARRIER TO BE 4-FT IN HEIGHT MOUNTED ON POLES 6-FT ON CENTER. PROPOSED BARRIER WILL ENCLOSE THE SEATING AREA AND IAIl-1 I If1C A ?-CT VdIDC f ",-r7 QL� -AT1- AT IT'S NORTHEAST CORNER. 3. ALL FURNITURE, THE PERIMETER BARRIER AND ANY OTHER ITEMS USED IN THE OPERATION OF THE SIDEWALK CAFE WILL BE REMOVED FROM THE PUBLIC SIDEWALK AT THE END OF EACH BUSINESS DAY - DR AlAllNG AND DESCRIPTION OF SIDEVA ALK CAFE I DATE MARCH iI�21 UVILLAG SHOWING PLACEMENT/DIMENSIONS OF BY: MARK RACKOW AUSKaRena PROPOSED CAFE CHECKED: ,BOSH AERIE lim 00 > I- -< > C) 0 0 -n m 0 o K m z 0 0 m m z m m 0 -n ii rx, low, OORC rb 00 OK o >m mo = C-) > Mm OZ m 00 mm o U) = M� U3 -n :0 0 N 0 o $ o CO cr\ cn