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HomeMy WebLinkAboutPermit - Sidewalk Cafe - The Early Bird Eatery1316 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 9, 2024 Ms. Jennifer Stone The Early Bird Eatery 117 E. Wayne St. South Bend, IN 46601 jenngtheearlybirdeatery com RE: Sidewalk Cafe —117 E. Wayne St. Dear Ms. Stone: At its April 9, 2024 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 obstruction. 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 MURRAY L. MILLER BRIANA N. MIcou � �Spi3TH B.�O W rLncu 'a 1865 INTEROFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE: January 31, 2024 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 Early Bird Eatery LOCATION: 117 E. Wayne 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 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 - contingent on meeting the minimum ADA clearances FIRE: Favorable Recommendation POLICE: Favorable recommendation �L13'Ft-. SIDEWALK CAFE APPLICATION 1� ^1 City of South Bend - Board of Public Works .. 227 W. Jefferson Boulevard, Ste.1316 ram; South Bend, IN 46601 RESTAURANT/BUSI NE55 INFORMATION: Name of Restaurant/Business: The Early Bird Eatery Address of Proposed Sidewalk Cafe: 117 E Wayne St, South Bend, IN 46601 Mailing Address: Same APPLICANT INFORMATION: Applicant Legal Name: Jennifer Stone Phone: 269-369-1986 Title: 8 Owner ❑ Manager ❑ Other Email Address: Tenn@theearlybirdeatery.com INCLUDE THE FOLLOWING ITEMS WITH YOUR APPLICATION: ® Completed application including $10 fee. Make checks payable to City of South Bend. lig Site plan depicting the proposed sidewalk cafe showing placement/dimensions. B Completed Agreement Q 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: 1-17-2024 OFFICE USE ONLY: [ ,} C00 Date Received: ��,'�" I Fee Paid: ,b � Approval Date: AGREEMENT FOR TEMPORARY USE OF THE PUBLIC SIDEWALK FOR A SIDEWALK CAFE iKcs This Agreement is entered into this 17 day of Jan , 2024 , by and between the City of South Bend, Indiana, by and through its Board of Public Works (hereinafter, "City") and The Early Bird Eatery (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: Address: City, State, Zip: Email Address: The Early Bird Eatery 117 E Wayne St South Bend, IN 46601 jenn@theearlybirdeatery.com Contact Phone: 269-369-1986 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: 117 E Wayne St 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: 8am-2pm Monday -Fri, 9am-2pm Sat/Sun 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. l Permittee Signature: Name: Jennifer Stone Owner 1-17-2024 Title: Date: CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Elizabeth A. Maradik, President Gary A. Gilot, Member M Joseph R. Molnar, Vice President Briana Micou, Member Murray L. 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Mel pool • dm� It f I t t DATE (MMIDDIYYYY) AiC"R" CERTIFICATE OF LIABILITY INSURANCE `� 01 r17/24 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 policy(ies) 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 CONTACT _mV41— - ROCKSTROH INSURANCE AGENCY INC W"57 1F 4)232-2991 333 INLafayette Blvd Ea"'I�p L ro_ekaa r5@sbcglobal.net South Bend, IN 46601-1208 INSURERIS) AFFORDING COVERAGE NAIL u _License #: _ WWRERA_ Auto Owners Insurance _ INSURED INSURER B : Early Bird Eatery Four Stones LLC INSURER C : INSURER D : 117 E Wayne St INSURER E : South Bend IN 46601 INSURER F: r n�IGo A r_cc rcorrClr AYr us tuoCo. RFVI-QlnM NI INIRFR• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING 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. ^.AD�LSV6R^ INSR 1 MMND EFF EXP TYPE OF INSURANCE pOLICYNUMBFJt MMILg6 LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $_ 2 O� OO 000 / O-#1=hI 50 000 CLAIMS -MADE OCCUR rrI_,- $ X 09375078 06125/23 MED EXP (Any one person) 06/25/24 PERSONAL 8 ADV INJURY $ _ 5:000_. S 2,000,000 _ A AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 �IEEN'L �✓\ POLICY jE O I LOC �. - -- ,,. PRODUCTS - COMPIOP AGG $ 4 01000 — OTHER! $ AUTOMOBILE LIABILITY Cv4IBlNED SINGLE LIMIT a�cckdnnl) $ ANY AUTO I BODILY INJURY (Per person) j $ OWNED I SCHEDULED I BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS HIRED I NON -OWNED II PROPERIYOAMAQE S .. AUTOS ONLY 1 AUTOS ONLY {$I ) - $ I111 UMBRELLA LIAO OCCUR EACH OCCURRENCE $ EXCESS LIAB_ CLAIMS -MADE I AGGREGATE $ DED RETENTION S 1 $ WORKERS COMPENSATION j STATUTE i t3T1i AND EMPLOYERS' LIABILITY Y❑ ANY PROPRIETORIPARTNER/EXECUTIVE E.L EACH ACCIDENT S OFFICERIMEMBER EXCLUDED? NIA (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE S If yes, describe under DESCRIPTION OF OPERATIONS iwJow EL. DISEASE - POLICY LIMIT S IEI DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Ut:NIIt- IL,RIlz "ULULK I..NNL.tLLAIIUr4 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of South Bend THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 227 W Jefferson Blvd ACCORDANCE WITH THE POLICY PROVISIONS. South Bend, IN 46601 AUTHORIZED REPRESENTATIVE t ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD RECHI : . DATE No. RECEIVED FROM - - - DOLLARS OFOR RENT O FOR _ ACCOUNT O CASH O CHECK PAYMENT FROM TO A 0 MONEY ORDER BAL. DUE n CREDIT i i i S / CARD BY 3.11