BOW Tables Encroachment Agreement For Alley
August 6, 2016 at 4:06 a.m.
By David [email protected]
Urban Retrend, owned by David Gustafson, is the company that operates Three Crowns Coffee and Oak & Alley at 114 S. Buffalo St. Gustafson could not attend Friday’s meeting, but he explained his proposal at the June 20 city council meeting to use the alley between his property and the city hall for outdoor dining. The space also could be used for community events.
The encroachment agreement sets the parameters for Urban Retrend to use the alley, including no smoking within the outdoor dining area, Urban Retrend is responsible for conduct of its patrons and the city has a right to rescind the encroachment agreement at anytime with a 30-day prior written notice.
It states that Urban Retrend is responsible for obtaining all required state and local permits including outdoor alcohol service and security, hours of operation are limited to 10 a.m. to 10 p.m. seven days a week and no public performance of amplified music is permitted except when approved by the BOW for special events.
All trash and trash receptacles must be removed from the outdoor dining area by 10 p.m. daily, and a minimum 4-foot pedestrian access shall be maintained at all times. Use of the public right of way for outdoor dining is restricted to May 1 through Oct. 31 in 2016 and 2017, with subsequent years requiring BOW approval.
Mayor Joe Thallemer said the board wouldn’t take any action Friday because it was important to have a good discussion about it first. The board wanted to hear concerns.
“I think the tone of this meeting should be discussion of concerns and potential solutions, which I think we’re trying to do today,” he said.
He gave a little historical background on the alley revitalization idea, stating the 2002 Hyatt-Palmer study stressed the importance of downtown vibrancy and making the downtown a destination for the community. The city’s 2012 and 2016 Strategic Plans revisited that, with a primary goal of encouraging downtown development.
In 2013, the council allocated alleyway/facade grant funds for 2014, but that money went unused in 2014 and 2015. The purpose of the grants was to stimulate private investment to enhance the downtown appearance, vibrancy and quality of place, he said.
The Warsaw Community Development Corporation sent out a survey July 26 to downtown merchants to see what potential problems there may be with the alley revitalization idea and how best to stay ahead of those problems.
Rob Parker, WCDC president, said WCDC’s board of directors approved a resolution supporting the city’s limited trial allowing a business’s exclusive use of a common area in an effort to increase foot traffic downtown. He said the WCDC believes the use must be family oriented and close by 10 p.m. daily. There were many comments for and against expanding the use of common areas.
In response to questions from Councilwoman Cindy Dobbins, City Planner Jeremy Skinner said the intent is to have the alley open during winter months. The outdoor dining would be limited to May 1 to Oct. 31.
He said there is no intent to vacate or close the alley.
While he said he backed Warsaw 100 percent, Jim Breading expressed concern with a private business using public space. Skinner countered that the city was providing opportunities for the downtown to become a destination.
Downtown business owner Mike Bergen suggested the alley be open to traffic during the day, but outdoor dining could be allowed after business hours. He said the plan could be a wonderful thing, but his business and customers make use of the alley during the day.
Tim Hori, representing St. Regis Club and a longtime friend of Gustafson, said Gustafson wants his businesses to have a nice atmosphere and not be a rowdy bar. He said Gustafson wants to create an upscale place that will be a destination.
Board member Jeff Grose said that while 20 years ago he would have giggled at the idea, he now sees it as a potentially great idea for the community short and long term.
Urban Retrend, owned by David Gustafson, is the company that operates Three Crowns Coffee and Oak & Alley at 114 S. Buffalo St. Gustafson could not attend Friday’s meeting, but he explained his proposal at the June 20 city council meeting to use the alley between his property and the city hall for outdoor dining. The space also could be used for community events.
The encroachment agreement sets the parameters for Urban Retrend to use the alley, including no smoking within the outdoor dining area, Urban Retrend is responsible for conduct of its patrons and the city has a right to rescind the encroachment agreement at anytime with a 30-day prior written notice.
It states that Urban Retrend is responsible for obtaining all required state and local permits including outdoor alcohol service and security, hours of operation are limited to 10 a.m. to 10 p.m. seven days a week and no public performance of amplified music is permitted except when approved by the BOW for special events.
All trash and trash receptacles must be removed from the outdoor dining area by 10 p.m. daily, and a minimum 4-foot pedestrian access shall be maintained at all times. Use of the public right of way for outdoor dining is restricted to May 1 through Oct. 31 in 2016 and 2017, with subsequent years requiring BOW approval.
Mayor Joe Thallemer said the board wouldn’t take any action Friday because it was important to have a good discussion about it first. The board wanted to hear concerns.
“I think the tone of this meeting should be discussion of concerns and potential solutions, which I think we’re trying to do today,” he said.
He gave a little historical background on the alley revitalization idea, stating the 2002 Hyatt-Palmer study stressed the importance of downtown vibrancy and making the downtown a destination for the community. The city’s 2012 and 2016 Strategic Plans revisited that, with a primary goal of encouraging downtown development.
In 2013, the council allocated alleyway/facade grant funds for 2014, but that money went unused in 2014 and 2015. The purpose of the grants was to stimulate private investment to enhance the downtown appearance, vibrancy and quality of place, he said.
The Warsaw Community Development Corporation sent out a survey July 26 to downtown merchants to see what potential problems there may be with the alley revitalization idea and how best to stay ahead of those problems.
Rob Parker, WCDC president, said WCDC’s board of directors approved a resolution supporting the city’s limited trial allowing a business’s exclusive use of a common area in an effort to increase foot traffic downtown. He said the WCDC believes the use must be family oriented and close by 10 p.m. daily. There were many comments for and against expanding the use of common areas.
In response to questions from Councilwoman Cindy Dobbins, City Planner Jeremy Skinner said the intent is to have the alley open during winter months. The outdoor dining would be limited to May 1 to Oct. 31.
He said there is no intent to vacate or close the alley.
While he said he backed Warsaw 100 percent, Jim Breading expressed concern with a private business using public space. Skinner countered that the city was providing opportunities for the downtown to become a destination.
Downtown business owner Mike Bergen suggested the alley be open to traffic during the day, but outdoor dining could be allowed after business hours. He said the plan could be a wonderful thing, but his business and customers make use of the alley during the day.
Tim Hori, representing St. Regis Club and a longtime friend of Gustafson, said Gustafson wants his businesses to have a nice atmosphere and not be a rowdy bar. He said Gustafson wants to create an upscale place that will be a destination.
Board member Jeff Grose said that while 20 years ago he would have giggled at the idea, he now sees it as a potentially great idea for the community short and long term.
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