One-Ten Craft Meatery, left, and B+B Courthouse Market, right, along with The River Coffeehouse (not pictured) requested to have outdoor seating, a month earlier then permitted, from the Warsaw Board of Public Works and Safety. The board approved all three applications, with stipulations. Photo by David Slone, Times-Union.

By David Slone
Times-Union

WARSAW — Outdoor seating applications for One-Ten Craft Meatery, B+B Courthouse Market and The River Coffeehouse were presented to and approved by the Warsaw Board of Public Works and Safety on Friday, March 1, with stipulations.

City Planner Justin Taylor reminded the board, “Currently, our rules for outdoor seating — if a business in the C-4 district wants to have outdoor seating on a public sidewalk, they just need to seek approval from this board and go through the process and abide by the rules that were approved by this board in 2017.”

He presented the application from One-Ten, 110 N. Buffalo St., first.

“There were a couple issues that were brought to light regarding their outdoor seating, so we’d ask that we take a look at those when they’re setting up to make sure that those can be addressed. We’d also like to ask that, as a part of the consideration of this board, for these approvals … since we’re having unseasonably warm temperatures, maybe we could allow them to set up a month early,” Taylor said.

The city’s rules state that outdoor seating can be set up April 1. Taylor asked that the board consider allowing the businesses to set up their outdoor seating a month early, which could be as early as this weekend if the board approves the applications.

Mayor Jeff Grose agreed the board should consider allowing the businesses to set up a month early.

He asked Taylor if he felt the issues from the past for One-Ten have been addressed. Taylor said he planned to talk to the business owner about some of the issues that were brought to light.

“Some of them were put in place because of excise and their requirements that they have to meet to serve alcohol outside. So, we’re hoping with the ordinance that council is considering on Monday – the second reading of the DORA (Designated Outdoor Refreshment Area) – we may be able to eliminate some of the elements that are causing issues at this location because excise does have certain requirements as far as fencing in areas where you are serving alcohol. But that may eliminate the need for some of that if the DORA is approved,” Taylor explained.

He said they want the applicant to be able to fully serve their customers, but they understand that it may create some access issues for people if they want to walk directly on the sidewalk from their vehicle.
Councilwoman Cindy Dobbins, who was sitting in the audience, told the board she talked briefly with Taylor about the concerns she had from the general public about the wires at One-Ten and people being able to access the sidewalk there.

“Particularly, handicapped individuals or anything because it causes them to walk along that narrow band and/or go out into the street, and if there’s a large truck or van or something, you can’t really see the cars that are coming and they come pretty fast. But I think Justin’s addressed that,” she said.

Taylor said he’ll definitely look at that as One-Ten gets their outdoor seating set up.

Because of that fencing, Quance said, “They can not get out of their cars and get up the steps and onto the sidewalk because there’s no break in that fence. So you can park there, but you can’t access the public sidewalk.”

Taylor said it’s a very challenging block as there’s a double curb there.

The other issue Quance said she asked Taylor to address was, with the Warsaw Parks and Recreation Department being responsible for cleaning sidewalks, “it is going to snow again, probably, and if all of this is out there — at least we’ll have ice — they (the Parks Department) will not be able to get through, so I think a stipulation on our approving this is if they move the outdoor seating out there, then they’re going to have to be responsible for having those walks cleared.”

Taylor said he spoke to Parks Superintendent Larry Plummer and no other properties would be impacted if One-Ten set up and the Parks Department wasn’t able to clear that block as they normally do during a snow event. He said the Parks Department would just not clear that area in front of One-Ten.

Quance replied, “But it is a detrimental effect if people are parking there and need to use that sidewalk in order to get to the other businesses. I think the business owner is going to have to be responsible.”

She said she wasn’t talking about at 10 a.m., as The Diner opens at 5 a.m. “Those business owners, I think, are going to need to be willing to be out there at 4 o’clock in the morning and have that sidewalk cleared and salted because the city isn’t going to be able to be responsible for it.”

Then there’s a question of enforcement.

If the weather is great, Quance said it would be great for people to be able to sit outside and enjoy the downtown. “I think it’s going to be on these two businesses to either demonstrate that they can responsibly handle this, or we need to revoke their permit for outdoor seating,” she said.

Grose said her points were well taken, and Taylor said it was a fair point. Taylor said he didn’t realize Plummer couldn’t get through that area.

Plummer said when the outdoor seating is out there, they can’t get the tractor through there to plow the snow.

City attorney Scott Reust said he personally didn’t think it was a bad idea if the business was responsible if the city’s crew can’t get through there. But, he said, he probably would want to hear from the business owners that they would be willing to take on that responsibility and have the ability to do so before the board approved the outdoor seating early.

Grose pointed out that none of the three businesses had any representatives at the board meeting but should. He didn’t have a problem with the outdoor seating being put out early, but suggested the board could push the decision back to the March 15 meeting.

Or, Reust suggested, the board could approve the applications but ask the businesses present a written agreement that they agree to clear the snow and ice on their own from their area of the sidewalk.

Quance suggested they have to have it cleared by 5 a.m. Public Works Superintendent Dustin Dillon said he wouldn’t necessarily put a time stamp on it because sidewalks now don’t get cleaned off at 5 a.m.

Reust said it also could snow at any other time of the day, so the board should ask the businesses to make their “best reasonable effort” to keep snow and ice clear from their sidewalk during inclement weather. If the businesses are able to provide a written agreement to that, then the early permit could be approved, Reust said, and they wouldn’t have to wait two weeks to come back at the board’s next meeting.

Taylor said the sidewalk clearing could be something they add to the outdoor seating rules that were adopted in 2017, for everyone, as it could still snow in April in Indiana.

Reust agreed it would be a good idea to amend the permit application to have that rule in it, but the three businesses before the board Friday submitted applications under the old rules. “You can allow it, if it sounds like though you might have to provide a written agreement that they would be willing to keep the sidewalks free and clear of any hazards,” he said.

Grose said because the businesses are making early requests, the board is asking them to agree to provide the written agreements now and then for the future that will be added to the city’s outdoor seating rules.

Quance made a motion to approve the permit for One-Ten with the stipulation that the city receive in writing that the business owners would be willing to keep the sidewalks free and clear and safe of obstructions at all times. The motion was approved for One-Ten, and then similar motions were approved for B+B and The River.