During the regular June meeting, the Bourbon Town Council discussed an outdated ordinance and potential amendments regarding sidewalk issues including outdoor seating and decor for business owners downtown.
Town Council President Ward Byers opened the discussion explaining that recently some fencing was placed in front of Journey’s End in preparation for some outdoor seating; he wanted to discuss the current ordinance and invited downtown business owners to provide feedback. The current ordinance was established in 1977 and prohibits virtually anything from being on a sidewalk. “I just wanted to start the conversation to see if there was any desire to amend that ordinance to allow any type of outdoor seating in accordance with and doesn’t violate ADA (Americans with Disability Act) guidelines and that type of thing.”
Town Council member Terry Clemens, both a council member and business owner, was in favor of updates. He indicated that several restaurants already have some type of outdoor seating. “I would like to see that changed to permit that. It would give the downtown a little more inviting look – if you will – particularly if we have decent weather.” He said that winter might pose a challenge and agreed that the placements need to comply with ADA regulations.
Town Council member Les McFarland agreed that the ordinance needs updated and echoed the importance of ADA compliance; including mobility for those families who take walks with their children using strollers.
He further recommended that the ordinance include that the downtown business should accept all liability for outdoor seating, barriers, signs, and anything they place outside for their businesses; that the items placed on the sidewalk should not be permanently affixed; and that the Town of Bourbon retain the right to request that those items be removed for special events or because problems arise from placement.
McFarland asked Jimbo Kephart, owner of Journey’s End, about a social media post that included photographs of the sidewalk restaurant barriers in front of his restaurant and a comment indicating that he had spoken with the council. McFarland said he had no prior knowledge that this was occurring and requested clarification of the comment.
Kephart referred to Byers. Byers confirmed that Kephart had discussed the possibility with him sometime within the past year. “I thought it was a nice thing to do. Yeah there was no quote ‘vote by council’ – I just kind of thought that it would be a neat thing for him to give that a whirl. But obviously it exceeded over more than half of the sidewalk and it was obviously something that was worthy of further discussion.”
McFarland responded, “I get that and understand that. I just – I mean – as a person on the committee it just throws you to a blind side because you don’t know what’s going on.”
Kephart explained, “I’m new to the committee and new to the process. I just thought since Ward was in charge of the committee that that was fine.”
Byers asked Jayne Fuller, owner of The Standard, if she had feedback to offer on the issue. “I think outside seating is great.” She indicated that she has paid more attention to outside seating in other towns since the issue arose and cited that some restaurants have barriers around their seating while others do not. “I think it should be a choice on whether you have the space for it.”
She responded to McFarland’s request that the barrier not be permanent with the concern that if it isn’t properly stabilized it would create a potential fall hazard for people who lean on it for support. Some barriers are bolted in while others are weighted down. She said that if they were bolted in; they could be unbolted if removal was necessary.
McFarland addressed two concerns – potential damage to the sidewalks and the potential need to have the sidewalks cleared for events.
Fuller responded that she is not against outside seating, that it can be great for small towns as long as there is room. “I think it’s kind of neat to drive through and see people out dining.” She noted that Subway has offered outdoor seating, but from her vantage point they are not used much.
Fuller also asked about how serving beverages would be handled. Byers indicated that the draft Attorney Hoover is working on will establish that no alcohol will be served or consumed on the outside portion of the establishments. Kephart added that the Alcohol Board Commission (ABC) does not allow it.
Kephart stated that the sidewalk in front of his businesses is eight feet across; his fence was four feet in. He sells walk in tubs and ADA compliant showers and used that knowledge to accommodate those needs.
Kephart pointed out that there are sidewalks through town as narrow as three and four feet across; which would restrict their ability to utilize their space and remain compliant to ADA. He noted that if four feet isn’t enough; the town might consider the need to widen those other sidewalks.
Resident PJ Hanley stated that sidewalks already in place prior to the ADA are grandfathered in; any new sidewalks need to be comply.
Hanley also noted that from his perception most people weren’t complaining about the outdoor seating; rather there were concerns expressed about the fence. “I think people want the outdoor seating, I just don’t think they wanted a fence up.”
Kephart indicated that it is required for a restaurant to put a fence up if they are serving food out doors; the fence establishing an extension of the establishment. Kephart also said that the fencing will be painted, flowers will be planted for beautification, and the fencing would be removed for the winter months. Kephart’s fencing is weighed down with plates and will be removable for events and winter as required.
Fuller noted that Subway does not have a fence. Berger stated that those customers are purchasing food to leave; they are not being served. Byers has requested clarification from the Marshall County Health Department.
Byers stated that he would recommend that any changes made to the existing ordinance would be for the Downtown Business District from Quad to Park. Fuller asked if the public would be allowed to see the proposed ordinance before it is approved. Byers said yes. “I have your emails and I will email that draft to the downtown businesses. Absolutely.”
McFarland said, “That’s what I think we should be doing. I think it should be written with these changes that we agree to and then we can go from there.”
The discussion will continue in July. Byers thanked everyone for their input.
