HomeMy WebLinkAboutAgenda Report - May 6, 1981 (51)REQUEST TO USE
Council was informed tnat Mr. Tim Brophy, owner
SCHOOL STREET MALL
of Brophy's Restaurant at 15 S. School Street,
(PUBLIC
has requested permission to place portable
RIGHT-OF-WAY)
tables and chairs in the mall area next to the
RANTED
restaurant. According to Staff, it is not a
permitted use vinder the guidelines for encroach-
ment permit issuing as adopted by the City
Council.
Staff's report outlined some of the problems
that may arise should such a permit be issued.
Following discussion, with questions being
directed to Staff and to Mr. Brophy, who was
in the audience, Council on motion of Council-
man Katnich, Murphy second, approved the request
to use the School Street Mall (public right-of-
way) for private use (to place portable tables
and chairs in the mall area next to the res-
taurant) with the following conditions:
a) An Encrcachment Permit be obtained
for oney ear, renewable at that time
provided there have been no major
problems.
b) Access be maintained to the public
phone.
CITY OF LODI
PUBLIC WORKS DEPARTMENT
TO: City Council
FROM: City Manager
DATE: April 24, 1981
t
COUNCIL COMMUNICATION
SUBJECT: 15 S. School Street - Brophy's Restaurant
RECOMMENDED ACTION: That the City Council deny Mr. Brophy's request co use
the School Street Mall (public right-of-way) for private use.
BACKGROUND INFORMATION: Mr. Tim Brophy, owner of Brophy's Restaurant at
15 S. School Street, has requested permission to place portable tables and
chairs in the mall area next to the restaurant (letter attached as Exhibit A).
It is not a permitted use under the guidelines for encroachment permit issuing
as adopted by the ;ity Council. A sketch showing the proposal to scale is attached.
We have discussed the proposal with both the Fire Department and the Police
Department, and neither has any problem with the installation.
Some problems that may arise with such a permit are as follows:
1. Setting precedent .in use of public right-of-way for private use;
2. Possible insurance problems;
3. Limiting use to patrons of Brophy's Restaurant and enforcement thereof;
4. Request for equal space by property owners across the mall;
5. Possible vandalism;
6. Conflict with other promotions: sidewalk sales, downtown merchants,
parades, festival, etc. which might also wish to use the alley and
create pedestrian blockage.
1. Litter, cleanliness, and responsibility therefore.
It is felt that the installation would be a positive one, increasing the avail-
ability of service and providing a new concept for the downtown area. However,
because of the reasons stated above, we cannot recommend approval of this
request.
00
If Council does approve request, it is suggested that: Q
op
1. Hours of operation be established;
2. Limit the number of tables (4 maximum);
3. Consider rectangular tables which would limit 'C.►bl�
encroachment to 4 feet;
w►�N
1
APPROVED: FILE NO.
A. GLAVES, Cite ;4anager
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City Council
April 24, 1981
Page 2
4. Encroachment permit be obtained for one year. Renewable at that
time provided there have been no major problems;
5. Access be maintained to public phone.
Mr. Brophy has received a copy of this memorandum and may wish to speak on
the matter.!/
JacPA L. Ronsko
VGER:dmw
c Works Director
Att.
cc: Mr. Tim Brophy
.D
I
lublio works Zept.
City aft Lodi
lnblic Vorks Director
Jack L. Ronsko
Dear Hr. Ronsko,
N
March 291961
Brophy's Restaurant (formerly The Mall Coffee Shop),
at 15 S. School St., would like to apply for an Encroach -
wont Permit. We would like to put 4-6 pertabie tables,
with umbrellas, in the mall area next to the restaurant.
The enclosed drawing shows the entrance to Brophy's,
and the mall with table*.
The tables will Only take up X3rd the width of the
mall and will not hamper foot traffic.
We plan to put the tables inside when we close, and
In case of a fire, the tables can be easily moved out of
the way.
Naturally, we feel the sidewalk cafe look will increase
our business, but also, it will enhance vne look and at-
mos oro of the downtown area.
.A
RECIER!rD
CITY OF LODI
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Ttta.ikyoat for
yocr consideration,
Tim Bronhy
Owner
Brophy's
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SCHOOL. s
CITY COUNCIL
JAMES A. AkCARTY, Mayor
ROBERT G. MURPHY. Mayor Pro Tem
RICHARD t. HUGHES
WALTER KATNICH
JAMES W. PINKERTON, Jr.
10 )
CITY OF LOM
CITY HALL. 221 WEST PINE STREET
POST OFFICE Box 320
LODI, CALIFORNIA 95241
(209) 334-5634
May 11, 1981
Mr. Tim Brophy
15 S. School Street
Lodi, CA 95240
HENRY A. CLAVES. Jr.
City Manger
ALICE M. RUMCHE
City C4h
RONALD M STEIN
City Attorney
Dear Mr. Brophy:
This letter will confirm the action taken by the
Lodi City Council in approving your request to use
the School Street Mall (public right-of-way) for
private use, i.e. to place portable tables and chairs
in the mall area next to the restaurant.
This approval was conditioned as follows:
a) an encroachment permit must be obtained
for one year, which permit will be
renewable at that time provided that there
have been no major problems
b) that access be maintained to the public
telephone
i
Should you have any questions regarding this action,
please dq not hesitate to call this office.
Very truly yours,
Ut,
Alice H. Re he
City Clerk
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