By Krystal Smalley
ksmalley@wbcowqel.com
The debate that raged in the Galion council chambers for months has now made its way to Bucyrus.
The Bucyrus City Council Health and Safety Committee discussed downtown sidewalk usage Thursday night, using the outdoor seating at Norman’s Niche and Little Athens as examples.
Zoning Code Officer John Rostash provided the committee members with steps the City Council could take in order to permit outdoor seating for eating and drinking establishments. One of those steps would be amending the Zoning Code to create a conditional use for outside patio seating within the Downtown Business District, which would also require the applicant to resolve the Americans with Disabilities Act (ADA) 2 percent grade walking path issue.
That was a sticking point for committee members Steve Pifer and Mark Makeever.
“Who ends up being responsible for the repair?” Pifer asked. He did not feel it was fair to make the landowner pay to fix the sidewalk when the original downtown project was paid for with federal funds and approved by a federal agency.
“It is what it is,” said Dan Wirebaugh. “Let’s just take care of her problem.”
Natalie Norman, one of the owners of Norman’s Niche, said she approached Rostash first about the idea of outside seating. According to Norman, Rostash said she could not do it, but Mayor Jeff Reser advised her to erect something so the council could have a better idea of what it would look like.
“I had to prove it would be very classy, very nice,” Norman said. “There’s a lot of people interested in sitting there. It’s tax dollars going in to our pockets.”
Committee member Bill O’Rourke came out against the idea, arguing that the idea of outside seating would have to be available for all businesses, which he believed was not feasible once lampposts and trash cans came into play and took up space. He argued that only Baker’s Pizza and the now-closed Gus’s restaurant did the idea of beer gardens right, placing the area behind the building and allowing only one area of access. O’Rourke also wondered if outdoor seating and alcohol would be cause for public safety concerns.
“The sidewalk is public property for public use,” O’Rourke argued. He later stated that the city would not be able to stop him if he wanted to put up outdoor seating in front of his hypothetical business and leave little space for walking.
“Yes, we can,” countered Council President Sis Love. She pointed out that any business would have to apply for a conditional use permit and get approval from the Board of Zoning Appeals first and the city could enforce the ADA requirements.
Lt. Tom Walker said he has not noticed pedestrian traffic issues since the outdoor seating area was erected.
Norman said they have no intention of leaving the fence or the seating up during the Bratwurst Festival or the winter season.
“I think it’s all a good idea. The more downtown businesses are noted . . . it’s all a good thing,” Norman added.
The Health and Safety Committee tabled the issue for further discussion with the request that Law Director Rob Ratliff look into the matter. The two other areas the council will have to address are an ordinance to allow alcohol consumption on public property within the Downtown Business District and to further define or create a new category for beer gardens.
The Platting Committee is seeking legislation for a zoning amendment request. A property owner is looking to incorporate property located at 116 W. Perry St. into the Downtown Business District in order to establish a realty business.
The Public Lands and Buildings Committee approved Five Star Roofing as the company that will replace the City Hall roof. The company submitted a bid of $95,672. The project will include keeping the existing membrane insulation and installing new two-inch insulation. The roof carries a 15-year labor warranty and a 20-year material warranty.
The roof was last replaced in 2005 for $77,604, but the city spent $1,246 for repairs in 2015 after the warranty ran out.
The Finance Committee will be seeking legislation for a number of appropriations: $2,500 for repairs and re-staining the playscape at Aumiller Park, $4,200 for clerk hospitalization, $3,000 for legal advertising, and $95,672 plus 10 percent for the city hall roof project.