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HomeMy WebLinkAboutSidewalk Cafe Permit - The Music Village ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BREANA N. MICOU CITY HALL 215 S. MARTIN LUTHER KING JR. BLVD., SUITE 400 SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9251 FAX 574/ 235-9171 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS December 9, 2025 Ms. Laura Korn The Music Village 333 S. Michigan St. South Bend, IN 46601 lkorn@themusicvillage.org RE: Sidewalk Café Permit – The Music Village Dear Ms. Korn: At its December 9, 2025 meeting, the Board of Public Works approved your establishment’s Sidewalk Café 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 Café 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/ Hillary Horvath Hillary Horvath, Clerk Enclosures HH INTEROFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE: TO: September 9, 2025 Kyle Ludlow, Engineering Department Derek Erquhart, Fire Department Chris Dressel, Community Investment Brad Rohrscheib, Police Department FROM: Hillary Horvath, Clerk SUBJECT: LOCATION: SIDEWALK CAFÉ RECOMMENDATION – The Music Village 333 S. Michigan Street 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 maximumsidewalk width and clearance for wheelchair accessibility which shall exclude thatportion of a sidewalk reserved as a protected bike lane. Sidewalk clearance is required between outdoor café structures, landscaping or other barriers and thecurb 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 withPublic Right-of-Way Accessibility Guidelines (PROWAG). However, under limitedcircumstances, where strict compliance with the five (5) feet pedestrian sidewalk ADA access would prevent, substantially impair, or render unfeasible the existenceof a viable sidewalk café, 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 sidewalkcafé. The request for a reduction of sidewalk width clearance will be approved onlyif 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 shouldbe 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 publicsidewalk within the entire block. The request for a reduction of sidewalk widthclearance 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 café, 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 Recommendation COMMUNITY INVESTMENT: Favorable recommendation contingent upon meeting minimum ADA clearances. FIRE: Favorable recommendation POLICE: Favorable recommendation :$CT;,!!1 SIDEWALK CAFE APPLICATION '13'-··t1 "!; City of South Bend -Board of Public Works ;., 227 W. Jefferson Boulevard, Ste. 1316 ' -• , .. -'{ ., South Bend, IN 46601 I RESTAURANT/BUSINESS INFORMATION: REr 1;EtVE'[J q _;1~. zoa.s wllY UI \}U~~u ~no Otv. of Enc!~nnt Name of Restaurant/Businessrffi€: \/ iU.AbG .-A C.OMMV~\T"\I\ ~vs1CAL PnuS Ac,µ..,ANC.S, -:t.NL. f.>84 : iHG-kVS\C.. \/ \U,.J\~ ' Address of Proposed Sidewalk Cafe: 3~3 5, M,Oh'=>lr:N s,---, Sov:n; B6NP1 lr-J ~'='01 Mailing Address: °PO So-1 llOoY. SQ\J:rtt gfNp, IN 4'ole3Y. I APPLICANT INFORMATION: Applicant Legal Name: l,.A:tJt-4 Ko~ Phone: (514)1f>I -6 Lf LZ.. Title: □ Owner □ Manager !SYOther ?~ "Di~ Email Address: L/LOP!N ~-n-1€.MUS.\C "' t.vVoE.. Clt!-l. I 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 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 her ,certif a d affirm that all the information given in this application is true to the best kno ed e. OFFICE USE ONLY: Date Received: Fee Paid: Approval Date: / _ ..... --. JMt~.'l • AGREEMENT FOR TEMPORARY USE OF THE PUBLIC SIDEWALK FOR A SIDEWALK CAFE This Agreement is entered into this __!f!!!___ day ofs=EP[:, 20~, by and between the City of South Bend, Indiana , by and through its Board of Public Works (hereinafter, "City") and :f"tt6 MVS IC \JIL:kA(,6, (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 Pe rmittee's business at: Business Name:"'"Uf6:\11~: A CQ\1MVr-J\J:'1 MVS.lct'rt-:: ~ At.MANC..£.., l~L. !tt,c.~er" // (MA-t u ~<,) Address: 33?.:. S· Mieth~ sr 11 P.O. ~~ Hooy- City, State, Zip: s.o.m:t Pa-JP, ,~ ~v 01 II ~ ~t?, IN '-&,1,,34 Email Address: l..Jlow@n¼E.MUS1c.v1Ll..J\/-6. Ofl-/e, Contact Phone: l&,'-1-) 24:5.-1"'1,'f , DPACe /574-) Cf31-9L/:2-2-' WHEREAS, the site for the proposed sidewalk cafe has been reviewed by the City's Board of Publ ic Works, and it has been determined that allowing Perm it t ee to utilize a portion of the public sidewalk at that location w ill not interfere with pedestrian traffic along the sidewalk; and WHEREAS, the City has reviewed the Petitioner's application, along w ith t he 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: 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: MON -f=i...\ /OPr-/tJP ':zA'.r--$.;,-..i q A-,. Cf p 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 restau rant 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 Perm'ittee. 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 Agr above. Name: l,kvrJ.A-JqJruJ Title: Prz-o~ 121~'2-Date: 1/'f / z.r; BOARD OF PUBLIC WORKS APPROVAL President Member Member Member Member Attest December 9, 2025 r r--u---EX TREE WELL I ( I ; AND TREE (TYP) \ I 1 , \._,_ -~ ( / ; ,:y ~)F CJRB ...___,....__.1·l" / ( ( ~ \ ~ EX HANDICAP ..... UJ LJ '1: 1- J) z <( (.'.) I 0 10' 20' ~~~~~~ O' 5' ~ PARKING SIGN ~ EX CROSSWALK/ :r: 1"=10' (8.5"X11" PLOT) EX VESTIBULE ENTRANCE TO THE MUSIC VILLAGE PROPOSED SIDEWALK CAFE BARRIER MOUNTING BASE (TYP) ---- THE MUSIC VILLAGE 333 S MICHIGAN ST. SIDEWALK CAFE HOURS: MONDAY-SATURDAY, 9AM-9PM SIDEWALK ~ TRANSITION 0 (/) mA RAMP / ·, '. SIGN co /i - PROPOSED SIDEWALK CAFE 12'-0"X21 '-0" NOTE 3 sq-• /~ ,.,~ ~~/~ I r□ cRr::-;.,<,,vlf;:..U,. co FH' ~ PROPOSED SIDEWALK CAFE BARRIER SEE NOTE 2 --- tll EX CFfoSSWALKT SIDEWALK / I TRANSITION RAMP ~----.....(--\ / I ) \__. //'----EX PLANTER "' ---.,.,..----, \ -----\ 0 • S!DEWA .K r,r-j ,/ . '-.., ~ :r.) ) ~I ~TRASH ·---,---·-··----, __L"'___J --~-;:;OTES RECEPTACLE ./ i 1 1. ALL DiMEKiSIONS PROVIDED IN FEET EX TREE WELL AND 1 EX CROSSWALK/ ROUNDED TO NEAREST TENTH OF 1-FT. TREE / SIDEWALK I 2. PROPOSED BARRIER TO BE 4-FT IN r-_,, TRANSITION RP,-.MP :; HEIGHT MOUNTED ON POLES 6-FT ON / ~ CENTER. PROPOSED BARRIER WILL -~~,...__.,...,,, w ENCLOSE THE SEATING AREA AND en INCLUDE A 3-FT WIDE ACCESS GATE AT V: E.ST \NFS" ERN ,WENUE ~ IT'S NORTHEAST CORNER. ABBREVIATIONS: EX EXISTING FH EX FIRE HYDRANT LP EX LIGHT POLE TYP TYPICAL 0 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. DRAWING AND DESCRIPTION OF SIDEWALK CAFE SHOWING PLACEMENT/DIMENSIONS OF PROPOSED CAFE DATE: MARCH 2021 BY: MARK RACKOW CHECKED: JOSH AERIE ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) ~ 09/04/2025 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. IMPUKlANl: If the certificate holder IS an ADDllluNAL INSURED, the polIcy(Ies) must be endorsed. It"'' ...!!:/!. I IUN IS VVAIVl:U, 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 endorsement(s). PRODUCER NAMtl;I Certificate Department Priority Risk Management r1:gN:o Extl: 574-544-2874 I rt~. No): 57 4-544-287 4 PO Bo x 2379 t:•MAIL ce rts@priorityrisk.co m ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# South Bend IN 46680 INSURER A: West Bend Mutual Insurance Co. 15350 INSURED INSURER B: THE HARTFORD 00914 Th e Village: A Com munity Musical Arts Alliance, Inc. INSURER C: Th e Music Villa ge INSURER D: PO Box 11004 INSURER E: South Bend IN 46634 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 WIHICH THIS CERi"IFIC"ATt:. K.fA'i' EiITS"SUED OR MAYF ERTAlN, THETNSURANCE AFFORDED BY THE POLICIES--UESGRIBED HEREIN""IS SUBJECT TO ACC"THE"TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 'rrR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MMtooivvvv) (MM1001Yvvv) LIMITS )C COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 f--:=J CLAIMS-MADE ~ OCCUR ..,,---,.,.,r,....,._ V u .. , I ~U PREMISES (Ea occurrence) $ 300,000 MED EXP (Any one person) $ 10,000 ~ A y 1767996 06/08/2025 06/08/2026 PERSONAL & ADV INJURY $ 1,000,000 f-- GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 ~ □PRO-O Loc PRODUCTS -COMP/OP AGG $ 2,000,000 POLICY JECT OTHER: Employment Practices Li $ 250,000/250,000 AUTOMOBILE LIABILITY vvmuu 1ccu ~INGLt: LIMI I $ 1,000,000 -(Ea accident) ANY AUTO BODILY INJURY (Per person) $ --SCHEDULED A ALL OWNED 1767996 06/08/2025 06/08/2026 BODILY INJURY (Per accident) $ AUTOS AUTOS ~ NON-OWNED w , ~, I T DAMAGt: )C HIRED AUTOS )C AUTOS (Per accident) $ f-- $ X UMBRELLA LIAB MOCCUR EACH OCCURRENCE $ 1,000,000 ~ A EXCESS LtAB CLAIMS-MADE 1767996 06/08/2025 06/08/2026 AGGREGATE $ 1,000,000 DED I X I RETENTION$ Waived $ WORKERS COMPENSATION )C I STATUTE I I ERM· AND EMPLOYERS' LIABILITY YI N ANY PROPRIETOR/PARTNER/EXECUTIVE [Kl E.L. EACH ACCIDENT $ 1,000,000 B OFFICER/MEMBER EXCLUDED? NIA 36WECBL9930 06/08/2025 06/08/2026 (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Certificate holder is listed as additional insured for leased locat ion at 333 S. Michigan Street, South Bend , IN 46601 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN St. Joe County Public Library ACCORDANCE WITH THE POLICY PROVISIONS. 304 S Main St AUTHORIZED REPRESENTATIVE South Ben d IN 46601 ~~/.0.~;r I © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD THE MUSIC VILLAGE PO BOX 11004 SOUTH BEND, IN 46634 (574) 245-7664 ( 1st Source Bank 71-1212/712 09/05/2025 ...,__ City of South Bend 1 $ u10.00 ... ~ C 0 .!! I 'Y'! 0 0' "? Ten and 00/100* ***** ********* ***** ******** ******* *******.J*********** ***** **********************...,,,1'r******** I I DOLLARS _/ lfl I!·o·• ... _ It: f~ • 1-1! MEMO I i L_~ City of South Bend Board of Public Works 227 W Jefferson Blvd, Ste 1316 South Bend, IN 46601 Q PIROTIECTIEI!) AGAINST IFRA.t:JO Q :. ·---~-~--,,,. "';;_o· Ii . ,."_ -;,~": • •• . B \---·~--.. ,.:.-:'-· ~ = .. ~---·~~ • 1 • // , -t I :::--,.--: o --.::..-.,:~--.. ~--~-.. 1 0 !. ~ IPT □ATE__,q.__. q__.__.-"-"=zs'-----__ No. 100141 I$ 10~ RECEIVED FROM ::11t_, A.JJ$1 C. Vl // Q~L __ ...-,-~lc~Yl~_U~v~L ...... la=r:~S:~_o~~,,__0.._ao-"=--==~::-~~..::---_-_-_::-_-____ ooLLARs Q FO= RENT Si(ku14/k.. C,;ak, f£,Jrrn ,:,/- ACCOUNT PAYMENT :;~/5~ BAL. DUE QCASH __Q,c:HECK O MONEY ORDER O CREDIT CARD FROM ______ TO ______ _ BY 1\1\a&lJe ,, 3-11