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HomeMy WebLinkAboutAgenda Report - May 19, 1982 (39)MAY 6, 1981 REQUEST TO USE Council was informed that 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 under the guidelines for encroach - went 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) onditions.a) An Encroachment Permit be obtained for one year, renewable at that time provided there have been no major problems. b) Access be maintained to the public phone. l CITY OF LODI COUNCIL COMMUNICATION PUBLIC WORKS DEPARTMENT F i t City Council City Manager F April 24, 1981 : 15 S. School Street - Brophy's Restaurant t RECOMMENDED ACTION: That the City Council deny Mr. Brophy's request to use the Schooi Street Mall (public right-of-way) for private use. - BACKGROUND INFORMATION: Mr. Tim Brophy, owner of Brophy's Restaurant at 5 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 City 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. 7. 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. If Council does approve request, it is suggested that: 1. Hours of operation be established; r 2. Limit the number of tables (4 maximum); 3exO b►'* 3. Consider rectangular tables which would limit -rwlet♦ encroachment to 4 feet; 4. w►w► APPROVED: FILE NO. HENRY A. GLAVES, City Manager J Y 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.: )u:b L. Ronsko c Works Director ER:dmw Att. cc: Mr. Tim Brophy March 2:',1981 Public Works Dept. City o f Lodi Public Works Director Jack L. Ronsko Dear Mr. Ronsko, Brophy's Resta»rant (Formerly The Mall Coffee Shop), at 13 S. School St., would like to apply for an Encroach- ment Permit. We would like to put 4..6 portable tables, with umbrellas, in the mall area next to the restaurant. Tito enclosed drawing shows the entrance to ©rophy's, and the mall with tables. The tables will only take up x3rd the width of the wall 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 the look and at- mosphere of the downtown area. Th:,.ikyoti for your cons!drration, `ECF:1VFD Tim t;ronhy Owner CITY OF LODI Brophy 's YUCl1CWORKS GCPARTMENT ' B2r�ch (Ty�n� E [Ell /�/an fiz r � f3usi� (TYP, TYPICAL - 1NSTAUI.A,-�- y`` --ra6les i .chars HOIJSt� t�F '� � Bf�'Of�N YS . d Lor way (TYf� � b.� -rubles Chairs.-- .. P �O 0 d Lam hOor �cNooL sT NORTN SG4LE i /"r/O� CITY�COUNCIL .JAMES A. McCARTY. Mayor ROBERT G MURPHY. Mayor Pro Tem RICHARD L HUGHES WALTER KATNIC11 JAMES W. PINKERTON. Ir CITY OF LODI CITY HALL. 221 WEST PINE STREET POST Off ICE BOX 320 LODI. CALIFORNIA 95241 (209) 334-563.1 May 11, 1981 HENRY A CLAVES. Jr. s City Manager i ALICE M REIMCHE ' City Clerk j RONALD M STEIN City Attomey i i s t i Mr. Tim Brophy 15 S. School Street Lodi, CA 95240 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 Should you have any questions regarding this action, please do not hesitate to call this office. Very truly yours, . ` '*-hi. 11,, Alice M. Re' the City Clerk AR: dg IT o LODE SNC OACHMENT x FVWC WORKS DEPARTMENT 221 W PINE ST. 368-0641 PERMIT LODI, CALIFORNIA 95240 tm t :: U " �� (;,�.'��y al Address reit Address';--- Jl Address — Ixw License No. Storting Date ji r I Completion Dote :'.rw,9~4 to tl+e provisions of Ow Code of the City of Lodi, the undersigneJ applies for porsssiss:on to e+ecavote, construct, ond/or :=. *hawk* -encroach on City Street Right-of•Woy by performing the following wort: ,.;.., (Describe here what work is to be done and attach plans if available) r v,n L [ ;1 .1 , r , , 1 . • Space for Sketch + s 4' undenipnod doer heresy agree to indemnify and saw the City of todi Free and harmless train any liability, in occordar" with e: provision of Sec. 9A4 of Code of tin City of Lodi. Applicant will, upon request furnish a certificate of insurance naming the City [: Lodi as an odditionel onvred. Owner is specifically awore of Sec. 9/1.29 thereof relating to the relocation or removal of said iroe vnwrd If Nhure constrWion regeriree such relocation. Owner's Agent [) e __.... Owner I�VleWed Dalt; . I�%._ nc This porn -it is gronted subject to all provisions of Chapter 9A of the Code of the City of Lodi• and to all general provisions and applicable special provisions as shown on the reverse side. Permit Approved: CITY OF LODI �) Public Aixwe: Ground (J PalriiL Underground Dule (j Private O Other Permit No. _ ._ ... J._ • sou. ►srrstrwr Co. Vi + s 4' undenipnod doer heresy agree to indemnify and saw the City of todi Free and harmless train any liability, in occordar" with e: provision of Sec. 9A4 of Code of tin City of Lodi. Applicant will, upon request furnish a certificate of insurance naming the City [: Lodi as an odditionel onvred. Owner is specifically awore of Sec. 9/1.29 thereof relating to the relocation or removal of said iroe vnwrd If Nhure constrWion regeriree such relocation. Owner's Agent [) e __.... Owner I�VleWed Dalt; . I�%._ nc This porn -it is gronted subject to all provisions of Chapter 9A of the Code of the City of Lodi• and to all general provisions and applicable special provisions as shown on the reverse side. Permit Approved: CITY OF LODI �) Public Aixwe: Ground (J PalriiL Underground Dule (j Private O Other Permit No. _ ._ ... J._ • sou. ►srrstrwr Co. June 17, 1982 Department of Alcoholic Beverage Control 1215 o Street Sacramento, CA 95814 Re: Application for Alcoholic Beverage License - Edward W. Brophy, Jr. and Marilyn J. Brophy, Brophy's Cafe, 15 S. School Street, Lodi, CA Gentlemen: Enclosed please find a copy of a letter sent to Mr. Edward W. (Tim) Brophy, Brophy's Cafe, 15 S. School Street, Lodi, indicating action taken by the City Council of the City of Lodi at a regular meeting held Ma 19 1982,_.whereby Council by motion action granted iin indefinite encroachment permit for permission to encroach into the mall area and consented to the sale of beer and wine in both the outdoor area and in the indoor area of Brophy's Cafe. If you have any questions regarding this action, please do not hesitate to contact this office. Very truly yours, Alice M. Reimche City Clerk AR: dg Enc. Ifay 26, 1982 Mr. Edward W. (Tim) Brophy Brophy's Restaurant 15 S. School Street Lodi, CA 95240 Dear Mr. $rophy: HENRY A GLAVES. It city ManaUmt ALICE At REINICHE Ci,% Gert, RONALD &V STEIN City Attorney Your May 13, 1982 letter requesting permission to serve beer and wine to your patrons at the outdoor tables as well as the indoor tables at Brophy's Restaurant was presented to the Lodi City Council at its May 19, 1982 regular meeting. It was determined that the encroachment permit that you had been granted approximately one year ago for permission to encroach into the mall area sou -.:h of the restaurant was due to expire on May 31, 1982. Following Council discussion on the matter, the City Council by motion action granted you an indefinite encroachment permit for permission to encroach into the mall area and, further, consented to the sale of beer and wine in both the outdoor area and in the indoor area of your restaurant. Should you have any questions regarding the action taken by the City Council in this matter, please do not hesitate to call this office. Very truly yours, &J, / -" 6-&- Alice M. Reim e City Clerk AR: dg CITY COUNCIL .Fltto m REID. Mayor CITY OF L O D I ROBERT G MURPHY. Mayor Pro tempore CITY HALL. 221 Wt S1 Pi*%E STREET EVELYN M_ OLSO.N POST OFEICE BOX 320 JAMES W. PINKERTON. Ir LODI. CALIFORNIA 95241 JOHN R (Randy) SNIUER (209) 134.563» Ifay 26, 1982 Mr. Edward W. (Tim) Brophy Brophy's Restaurant 15 S. School Street Lodi, CA 95240 Dear Mr. $rophy: HENRY A GLAVES. It city ManaUmt ALICE At REINICHE Ci,% Gert, RONALD &V STEIN City Attorney Your May 13, 1982 letter requesting permission to serve beer and wine to your patrons at the outdoor tables as well as the indoor tables at Brophy's Restaurant was presented to the Lodi City Council at its May 19, 1982 regular meeting. It was determined that the encroachment permit that you had been granted approximately one year ago for permission to encroach into the mall area sou -.:h of the restaurant was due to expire on May 31, 1982. Following Council discussion on the matter, the City Council by motion action granted you an indefinite encroachment permit for permission to encroach into the mall area and, further, consented to the sale of beer and wine in both the outdoor area and in the indoor area of your restaurant. Should you have any questions regarding the action taken by the City Council in this matter, please do not hesitate to call this office. Very truly yours, &J, / -" 6-&- Alice M. Reim e City Clerk AR: dg