VI.2. Sidewalk Café Permit Program; Beekman (CR 2015-053)
April 21, 2015 Council Report 2015-053
Sidewalk Café Permit Program
Proposed Action
Staff recommends adoption of the following motion: Move to approve Resolution 2015-
039 approving the creation of the Sidewalk Café permit program and Resolution 2015-
038 Setting Fee for Sidewalk Café Permits.
Overview
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At their February 10 and March 10 work sessions, the City Council discussed the
creation of a Sidewalk Café program. The program would allow restaurants and brew
pubs in the downtown area to encroach into the City right of way in front of their store
front to create additional outdoor seating space. In the event that the sidewalk area was
not wide enough to accommodate the outdoor seating and maintain a pedestrian
walkway, businesses would be allowed to construct a pedestrian walkway that would
bump out into the parking aisle of the street to widen the sidewalk and make more
space. The Sidewalk Cafes and any associated bump outs would be a seasonal right of
way improvement and would be removed for the winter months each year. The cities of
Wayzata and Edina both have similar programs.
At the work sessions the Council discussed their interest in and concerns with the
program and directed staff to address the concerns and to move forward with creating a
Sidewalk Café permit program.
The City Attorney has drafted a permit document that outlines the conditions under
which a Sidewalk Café would be granted to a business. In addition, Staff has met
internally to layout the process through which a business owner would receive a
Sidewalk Café Permit. Staff has also talked with several business owners and received
feedback on the program.
Primary Issues to Consider
What are the goals of the program?
What are the concerns of the program?
What would be the process for a business to receive a Sidewalk Café permit?
Supporting Documents
Resolution 2015-039
Resolution 2015-038
Sidewalk Café Policy
Sidewalk Café Permit
___________________________
Meg Beekman
Community Development Coordinator
Council Report 15-053
Page 2
Primary Issues to Consider
What are the goals of the program?
Support Local Business
– Outdoor seating attracts the attention of pedestrians
and increases their stay. Not only does outdoor seating promote the adjacent
business, but increases other businesses’ visibility when customers choose to be
seated outside.
Continue City’s Art Culture
– It fosters a creative and innovative spirit that
furthers the identity of the area as an Art destination and city.
Encourage Human Interaction
– The aesthetically pleasing and nontraditional
setting provides an additional option where pedestrians can relax, enjoy, and
interact with their fellow community members.
Create Public Space on Mainstreet –
By repurposing city right of way into
outdoor seating, it addresses the need for additional public space. It promotes
and reinvents new views on the urban landscape.
Encourage walking
– Outdoor seating encourages more pedestrian activity by
livening up the street, creating more things to look at, and making the businesses
appear more active.
What are the concerns of the program?
In their discussion regarding the program the City Council identified several concerns
related to the program that they requested Staff address.
Smoking
The concerned was raised by Council that people might use the sidewalk café as a
smoking area. After discussions with several businesses interested in the program, staff
has included a condition of approval of the Permit that businesses not allow smoking in
the sidewalk café area.
Hours of Operation
The hours of operation for the Sidewalk cafes have been limited to between 10am and
11pm daily.
Loss of On-street Parking
The conditions of the Permit limit the size of any bump out area to no more than 40 feet
in width, the equivalent of two on-street parking spaces. This will cap the number of
possible lost parking stalls to 12. In addition, after inspecting each potential sidewalk
café location with the City Engineer, Hoagies could fit outdoor seating in the existing
sidewalk, eliminating the need for a bump out into on-street parking, further reducing the
number of parking spaces that would be lost. An additional two businesses, Samba and
LTD, would logically not locate sidewalk cafes fronting Mainstreet, but rather on side
streets.
Council Report 15-053
Page 3
Safety and Sight-lines at Intersections
The City Engineer visually inspected each possible location for a sidewalk café and
determined that it would be possible to safely locate outdoor seating at each of the six
eligible businesses. He did note that each individual location would require additional
review if an application was made, and the size and location of the outdoor seating
areas would need to take into account the unique situational aspects of each business.
Impacts to Bus Service
The City Engineer concluded that, provided the any bump outs were located within
existing on-street parking aisles that there would be no negative impacts to bus service.
That being said, he noted that bus stop locations would need to be identified on the site
plans and taken into consideration when locating the seating areas.
Insurance
The City Attorney added provisions to the Permit that require the business to maintain
comprehensive general liability insurance in the amount of at least $2 million, which also
names the City as an additional insured. A certificate proving insurance coverage will be
required as part of the permit application. The City Attorney feels that this adequately
protects the City.
What would be the process for a business to receive a Sidewalk Café Permit?
To begin, the program would be available to restaurants and breweries that area
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located between 8 and 11 Avenues which front Mainstreet or front a right of way that
is within ½ block of Mainstreet. This includes six businesses; Wild Boar, Mainstreet,
LTD, Pub 819, Hoagies, and Samba. Depending on how the program goes, it may be
expanded in the future to include more businesses.
The City Council is being asked to approve the program policy and a blank Sidewalk
Café Permit agreement. Staff will then issue the permits administratively subject to the
conditions listed in the approve permit agreement. In order to get a Sidewalk Café
permit a business would need to apply for the permit, submit a layout, landscaping plan,
insurance information, and permit fee to the City Clerk. The City Clerk will then process
the application and route it to the Police Department, Fire Department, Engineering, and
Planning for review and approval. Upon approval from each department the permit can
be signed and issued by the City. The application process will include an amendment to
the businesses liquor license if one is necessary. The permit will automatically expire at
the end of the season and all improvements related to the Sidewalk Café would need to
be removed by the business owner. The permit would need to be reapplied for each
year.
In the event that the unique circumstances around a particular businesses require
significant changes to the conditions as approved by the City Council in the original
Sidewalk Café Permit, then the permit agreement will need to go back to Council for
approval.
Council Report 15-053
Page 4
The proposed fee for the permit is $350.00 per year.
Alternatives
The Council has the following alternatives:
Approve Resolution 2015-039 and adopt the Sidewalk Café program.
Approve Resolution 2015-039 with revisions.
Deny resolution 2015-039, and opt not to move forward with the Sidewalk Café
program.
CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 2015-039
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOPKINS, MINNESOTA
ESTABLISHING A SIDEWALK CAFÉ PROGRAM
WHEREAS
, the City Council has investigated initiating a Sidewalk Café program. The
Sidewalk Café program allows certain food establishment businesses to utilize the adjacent
sidewalk and street parking areas for outdoor seating (the “Program”); and
WHEREAS
, the Program will attract the attention of pedestrians and increase their stay
at the participating businesses; and
WHEREAS
, the Program will foster a creative and innovative spirit that furthers the
identity of the area as an art destination in the City; and
WHEREAS
, the Program will be aesthetically pleasing and a nontraditional setting that
will provide an additional option where pedestrians are able to relax, enjoy and interact with their
fellow community members; and
WHEREAS
, by repurposing City sidewalks and on-street parking spaces into outdoor
seating addresses the need for additional public space within in the City, promoting and
reinventing new views on the urban landscape; and
WHEREAS
, Outdoor seating encourages more pedestrian activity; and
WHEREAS
, the City Council considered this matter at it meeting of April 21, 2015
receiving information, a report and other information from City staff.
NOW, THEREFORE, BE IT RESOLVED
by the City Council of the City of Hopkins,
as follows:
1.The City Council adopts the Program establishing the Sidewalk Café program,
1
subject to the Sidewalk Café Policy attached hereto as Exhibit A (the “Policy”).
2.City staff shall have the authority to administer the Policy including, but not limited
to, reviewing and approving applications and site plans.
3.The application fee shall be set by separate resolution of the City Council.
4.The City Council approves the Sidewalk Café Permit attached hereto as Exhibit B, as
the form to be utilized to permit approved businesses use of adjacent sidewalk and
parking spaces for the Program (the “Permit”). The City Manager is authorized to
execute the Permit on behalf of the City. Any significant changes to the Sidewalk
Café Permit or conditions of its approval will require review and approval by the City
Council.
st
Adopted by the City Council of Hopkins, Minnesota, this 21 day of April, 2015.
By:
______________________________
Eugene J. Maxwell, Mayor
Attest:
_______________________________
Amy Domeier, City Clerk
2
EXHIBIT A
\[Sidewalk Café Policy\]
3
EXHIBIT B
\[Sidewalk Café Permit\]
4
CITY OF HOPKINS
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 2015-038
RESOLUTION SETTING FEE FOR SIDEWALK CAFE LICENSES
WHEREAS,
the Hopkins City Code authorizes the City Council to set fees by
Resolution; and
THEREFORE BE IT NOW RESOLVED
that the fee for Sidewalk Café licenses in
Hopkins shall be set at $350.00 per year.
st
Adopted by the City Council of the City of Hopkins this 21 day of April, 2015.
______________________________
Eugene J. Maxwell, Mayor
ATTEST:
_____________________________
Amy Domeier, City Clerk
SIDEWALK CAFÉ POLICY
Purpose & Goals
Outdoor café seating for businesses provides multiple benefits to the city. The Goals of the
Sidewalk Café program are to:
Support Local Business – Outdoor seating attracts the attention of pedestrians and
increases their stay. Not only does outdoor seating promote the adjacent business, but
increases other businesses’ visibility when customers choose to be seated outside.
Continue City’s Art Culture – It fosters a creative and innovative spirit that furthers the
identity of the area as an Art destination and city.
Encourage Human Interaction – The aesthetically pleasing and nontraditional setting
provides an additional option where pedestrians can relax, enjoy, and interact with their
fellow community members.
Create Public Space on Mainstreet – By repurposing city on-street parking spaces into
outdoor seating, it addresses the need for additional public space. It promotes and
reinvents new views on the urban landscape.
Encourage walking – Outdoor seating encourages more pedestrian activity by livening
up the street, creating more things to look at, and making the businesses appear more
active.
Review Process
1.Business submits application for Permit
a.Application Includes
i.City of Hopkins Application Form
ii.Certificate of Liability Insurance
iii.Proof of Workers Compensation Insurance Form
iv.Site Plan
1.Layout/Location - A plan, drawn to scale, which illustrates the
locations and dimensions of the proposed sidewalk café, adjoining
buildings, sidewalk, and all obstructions within the vicinity.
2.Lighting plan
3.Landscaping plan
2.Application is submitted to City Clerk and reviewed by:
a.PED
b.City Engineer
c.Police Department
d.Fire Department
3.Applicant notifies neighboring property owners
4.Permit is administratively approved subject to the conditions as approved in this
document. Any significant changes to these conditions will require review and approval
by the City Council.
5.Inspections and final approval by Public Works
Application Fee
$350 for Sidewalk Café Permit
Public Outreach
1.Applicant must notify businesses immediately adjacent to the proposed Sidewalk Cafe
area. Notification must include a layout and duration for the outdoor seating.
2.Additional outreach to Business associations and/or neighborhood associations may also
be required.
Conditions of Approval
Site Specifications:
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Sidewalk Cafes are limited to restaurants and brewpubs between 11 Avenue and 8
Avenue. Business must either front Mainstreet or front a right of way located within ½
block from Mainstreet
Sidewalk Cafe area shall be limited to the public right of way abutting the frontage of
the business to which it is attached
Sidewalk Cafe may not block access to a bus stop
Sidewalk Cafe must be located at least 20 feet from any fire hydrants
Sidewalk Cafe must not block site lines at intersections as determined by the City
Engineer
The City maintains the right to review and make final determination as to the location of
each Sidewalk Café based on the unique circumstances related to each business.
Design Specifications:
If the operating business serves alcoholic beverages, a decorative barrier or railing
between 32 and 42 inches in height is required around the sidewalk café area.
Lighting must be sufficient to promote public safety, directed downward, and
compatible with the surrounding area.
Annual/perennial flowers shall be used to enhance the streetscape aesthetics
Canopies/umbrellas shall be used for sun protection
Sidewalk Café area must meet ADA (American Disability Act) requirements
Design consideration must include architect and characteristic of area
No commercial signage may be placed on the sidewalk café area, only directional
signage.
A minimum clear passage zone for pedestrians of at least five feet shall be maintained at
all times.
Umbrellas extending into the pedestrian clear passage zone or pedestrian aisle shall
have a minimum head clearance of seven feet.
If a temporary walkway structure that bumps out into the roadway is used:
The structure shall be constructed of metal or composite material or other
o
weather resistant, long lasting, high quality material.
Maximum width shall not exceed 8 feet
o
Maximum length shall not exceed 40 feet, or the length of the frontage of the
o
business to which it is attached, whichever is smaller.
Decorative barriers between 36 inches and 42 inches in height are required
o
separating the pedestrian walkway from the roadway.
Reflective bollards or strips must be located at either end of any portion of the
o
structure located within the roadway.
Directional signage shall be used to assist pedestrians in utilizing the walkway.
o
Surface of structure must be leveled with sidewalk surface (up to 1/4 clearance).
o
No more than a ½ inch gap between the structure and curb is permitted.
o
Structure may not impede water flow and drainage.
o
Management Specifications:
The furniture associated with the Sidewalk Café shall be moveable, washable,
constructed of metal or composite or other high quality material, and maintained in a
safe and sanitary condition.
The Sidewalk Café area shall be controlled and monitored continuously during the hours
of operation and unruly patrons shall be removed immediately.
Patrons shall not leave the premises with a drink nor can drinks be taken onto a public
sidewalk that is outside of the Sidewalk Café area.
The Sidewalk Café area must be included in the required liquor liability insurance for the
premises.
Hours of operation of the Sidewalk Café shall be limited to between 10:00 am and 11:00
pm.
Permitee shall not allow smoking within the Sidewalk Café area.
Alcoholic beverages may only be brought into the Sidewalk Café area by a server.
Permitee shall pick up litter within 100 feet of the Sidewalk Cafe area on a daily basis.
Appropriate receptacles for rubbish, garbage, etc. must be provided.
The Sidewalk Café area must be free of debris, litter, and soil surrounding and
underneath any structure platform.
No electronically amplified outdoor music, intercom, audio speakers, or other such
noise generating devices shall be allowed in the Sidewalk Café area.
PERMIT
THIS PERMIT (hereinafter the “Permit”) is made this ____ day of _____, 2015 (“Effective
Date”) by and between the City of Hopkins, a Minnesota municipal corporation, 1010 1st St S.,
Hopkins, MN 55343 (hereinafter the “City”) and
______________________________________________ (hereinafter the “Permitee”).
RECITALS:
WHEREAS, the Permitee is the owner and/or operator of a business that is located at
______________________ (the “Property”); and
WHEREAS, the Property abuts the public right-of-way containing Mainstreet and
sidewalk improvements; and
WHEREAS, the City has initiated a Sidewalk Café program in which certain businesses
located on Main Street may, upon conditional approval of the City, establish a Sidewalk Café
within the sidewalk and on-street parking spaces of the right-of-way adjacent to the Property;
and
WHEREAS, the City requires the Permitee to enter into this Permit with the City with
regard to the use of the sidewalk in the right-of-way as a sidewalk café.
NOW, THEREFORE, IT IS MUTUALLY AGREED, in consideration of the promises and
considerations of each party set forth herein, as follows:
1.Incorporation. The above Recitals and the attached Exhibits are a material part
of this Permit and are incorporated herein.
2.Grant of Permit and Term. The City hereby grants to Permitee a revocable, non-
exclusive Permit to the area of the right-of-way adjacent to the Property shown
on attached Exhibit A (the “Permit Area”) and the right to use and occupy the
Permit Area subject to the terms and conditions of this Permit. The term of this
Permit shall commence upon the Effect Date and shall terminate on
______________(the “Term”), unless earlier terminated pursuant to the
provisions of this Permit. The specific and limited purpose of the Permit is for
the grant of a Permit to utilize the Permit Area in the manner described herein
and does not confer any greater rights to the Permitee.
3.Permitted Use. The Permit Area may only be occupied and used by Permitee
solely for the erection and maintenance of a Sidewalk Café in conformity with
attached Exhibit B and the conditions of this Permit (the “Permitted Use”). The
costs associated with erection and maintenance of the Permitted Use shall be at
the sole cost and expense of the Permitee. Permitee shall, at its sole cost and
expense, keep and maintain the Permit Area and any improvement there on in a
safe, clean, and good condition and in compliance with this Permit and City
Code. City hereby reserves and retains the right to enter the Permit Area at any
time and may remove the Permitee’s improvements in order to access the
Permit Area if required by the City in the City’s sole discretion. The construction,
maintenance and use of the Permit Area for the Permitted Use shall be subject
to the terms and conditions set forth on attached Exhibit C.
4.Compliance with all Applicable Laws. Throughout the Term, Permitee shall
obtain and maintain, at its sole cost and expense, all approvals, permits or
Permits required by any governmental authority which are necessary for
Permitee’s permitted use of the Permit Area. Further, Permitee shall, at its sole
cost and expense, at all times during the Term hereof comply with all applicable
laws, ordinances, rules, regulations and requirements of any governmental
authority having jurisdiction.
5.Indemnification. The Permitee agrees to indemnify, hold harmless and defend
the City, its elected officials, officers, employee, agents and insurers against any
and all claim related to the Permitee’s use and possession of the Permitee Area
except to the extent directly caused by the City. The provisions of this Paragraph
shall survive the expiration or termination of this Permit.
6.Insurance. Permitee agrees to maintain in full force during the term of this
Permit a policy or policies of comprehensive general liability insurance in the
amount of at least Two Million Dollars ($2,000,000.00) combined single limit for
bodily injury (including death) and/or property damage in any one occurrence.
All insurance policies required hereunder shall name City as an additional
insured. Permitee shall furnish City with a certificate of such insurance coverage
prior to the commencement of any improvements being made by Permitee
within the Permit Area.
7.Termination. This Permit shall terminate at the end of the Term as set forth in
Section 2 above. Permitee or City may terminate this Agreement prior to the
end of the Term, with or without cause, at any time by giving written notice to
the other party, specifying the date of termination, such notice to be given not
less than thirty (30) days prior to the date specified in such notice for the date of
termination. Upon termination of this Permit, any improvements made to the
Permit Area shall be completely and immediately removed at Permitee’s
expense and the Permit Area shall be reasonably restored to its condition prior
to the improvements being made thereon.
8.Taxes. Any general real estate taxes coming due on the Permit Area as a result
of the Permitted Use shall be the sole responsibility of the Permitee.
2
9.Governing Law. It is agreed that this Permit shall be governed by, construed, and
enforced in accordance with the laws of the State of Minnesota.
10.Entire Agreement. This Permit shall constitute the entire agreement between
the parties specifically limited to the terms and obligations stated herein and any
prior understanding or representation of any kind preceding the date of this
Permit shall not be binding upon either party.
11.Modification. Any modification of this Permit or additional obligation assumed
by either party in connection with this Permit shall be binding only if evidenced
in writing signed by each party.
12.Notices. Any notice provided for or concerning the Permit shall be in writing and
shall be deemed sufficiently given when sent by certified or registered mail if
sent to the respective address of each party as set forth at the beginning of this
Permit.
13.Attorney’s Fees. In the event that any action is filed to enforce the terms of this
Permit, the unsuccessful party in the action shall pay to the successful party, in
addition to all the sums that either party may be called on to pay, a reasonable
sum for the successful party’s attorney’s fees.
14.Not Assignable. This Permit may not be assigned unless approved in writing by
the City.
3
IN WITNESS WHEREOF, each party to this Agreement has caused it to be executed on
the date indicated below:
CITY OF HOPKINS, a Minnesota municipal
corporation
Dated: , 2015.
Its: City Manager
STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) ss.
CITY OF HOPKINS )
This instrument was acknowledged before me on _______________, 2015 by
_______________, the City Manager of the City of Hopkins, a Minnesota, a Minnesota
municipal corporation, on behalf of said corporation.
___________________________________
Notary Public
4
_____________________________
Dated: , 2015.
By:
Its:
Dated: , 2015.
By:
Its:
STATE OF _____________ )
) ss.
COUNTY OF ____________ )
This instrument was acknowledged before me on , 2015 by
_______________ and _________________, the _______________ and _________________
respectively of the ____________________________, a _________________________, on
behalf of said __________________.
___________________________________
Notary Public
This Instrument Drafted By:
Hoff, Barry, & Kozar, P.A. (SBL)
160 Flagship Corporate Center
775 Prairie Center Drive
Eden Prairie, MN 55344
5
EXHIBIT A
\[Depiction of Permit Area\]
6
EXHIBIT B
\[Depiction of sidewalk café improvements\]
7
EXHIBIT C
\[Sidewalk café terms and conditions\]
Site Specifications
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Sidewalk Cafes are limited to restaurants and brewpubs between 11 Avenue and 8
Avenue. Business must either front Mainstreet or front a right of way located within ½
block from Mainstreet
Sidewalk Cafe area shall be limited to the public right of way abutting the frontage of
the business to which it is attached
Sidewalk Cafe may not block access to a bus stop
Sidewalk Cafe must be located at least 20 feet from any fire hydrants
Sidewalk Cafe must not block site lines at intersections as determined by the City
Engineer
The City maintains the right to review and make final determination as to the location of
each Sidewalk Café based on the unique circumstances related to each business.
Design Specifications:
If the operating business serves alcoholic beverages, a decorative barrier or railing
between 32 and 42 inches in height is required around the sidewalk café area.
Lighting must be sufficient to promote public safety, directed downward, and
compatible with the surrounding area.
Annual/perennial flowers shall be used to enhance the streetscape aesthetics
Canopies/umbrellas shall be used for sun protection
Sidewalk Café area must meet ADA (American Disability Act) requirements
Design consideration must include architect and characteristic of area
No commercial signage may be placed on the sidewalk café area, only directional
signage.
A minimum clear passage zone for pedestrians of at least five feet shall be maintained at
all times.
Umbrellas extending into the pedestrian clear passage zone or pedestrian aisle shall
have a minimum head clearance of seven feet.
If a temporary walkway structure that bumps out into the roadway is used:
The structure shall be constructed of metal or composite material or other
o
weather resistant, long lasting, high quality material.
Maximum width shall not exceed 8 feet
o
Maximum length shall not exceed 40 feet, or the length of the frontage of the
o
business to which it is attached, whichever is smaller.
Decorative barriers between 36 inches and 42 inches in height are required
o
separating the pedestrian walkway from the roadway.
Reflective bollards or strips must be located at either end of any portion of the
o
structure located within the roadway.
Directional signage shall be used to assist pedestrians in utilizing the walkway.
o
8
Surface of structure must be leveled with sidewalk surface (up to 1/4 clearance).
o
No more than a ½ inch gap between the structure and curb is permitted.
o
Structure may not impede water flow and drainage.
o
Management Specifications:
The furniture associated with the Sidewalk Café shall be moveable, washable,
constructed of metal or composite or other high quality material, and maintained in a
safe and sanitary condition.
The Sidewalk Café area shall be controlled and monitored continuously during the hours
of operation and unruly patrons shall be removed immediately.
Patrons shall not leave the premises with a drink nor can drinks be taken onto a public
sidewalk that is outside of the Sidewalk Café area.
The Sidewalk Café area must be included in the required liquor liability insurance for the
premises.
Hours of operation of the Sidewalk Café shall be limited to between 10:00 am and 11:00
pm.
Permitee shall not allow smoking within the Sidewalk Café area.
Alcoholic beverages may only be brought into the Sidewalk Café area by a server.
Permitee shall pick up litter within 100 feet of the Sidewalk Cafe area on a daily basis.
Appropriate receptacles for rubbish, garbage, etc. must be provided.
The Sidewalk Café area must be free of debris, litter, and soil surrounding and
underneath any structure platform.
No electronically amplified outdoor music, intercom, audio speakers, or other such noise
generating devices shall be allowed in the Sidewalk Café area.
9