Message from Councilperson Kepple regarding Outdoor Dining

[Betsy Voinovich]

This is happening tomorrow at 5:30pm. You can join them virtually by using these links.


FROM COUNCILPERSON KEPPLE:

Please join us for tomorrow's (5/27/20) City of Lakewood, Ohio - Municipal Government Council Housing, Planning and Development Committee meeting. We'll be further discussing outdoor dining options and guidelines regarding "parklets."

5:30pm Housing Planning and Development Committee

https://global.gotomeeting.com/join/154343597

CALL: 1 877 568 4106 Access Code: 154-343-597

Submit eComments: https://tinyurl.com/ecomment2020May26

Agenda: https://tinyurl.com/LkwdCCMay27HPD


Here's the news release from City Hall

Lakewood Expands Outdoor Dining Facilities

May 22, 2020

On May 7, Governor DeWine announced that restaurants may resume outdoor dining service on May 15, 2020 and indoor dining service on May 21, 2020. The City of Lakewood is taking active steps to support the hospitality industry in Lakewood while protecting the residential community and public health and safety for all. The City will continue to follow all recommended protocols and guidance and comply with all orders and restrictions from public health leaders at the Centers for Disease Control & Prevention, the Ohio Department of Health, and the Cuyahoga County Board of Health.

Mayor Meghan George said, “My administration is working together with City Council, the Planning Commission, and the restaurant operators, to move swiftly and enable businesses to emerge from this economic crisis. These modifications are a step in the right direction. We will continue to review other avenues to support our business community throughout this pandemic.”

The expansion of outdoor dining facilities into parking lots and the public right-of-way will enable restaurants to provide dining services in a safe and responsible manner for the community.

Expansions can be made under the following conditions:

The outdoor dining facility shall not be available for use after 10:00 pm, but Planning Commission can set an earlier closing time for the outdoor dining facility based upon the unique aspects of each application.
Indoor dining may serve up to the smaller of 50% seating capacity or 30 seats. (Planning Commission may expand the maximum on a case-by-case basis, considering parking requirements, residential impact, safety, compliance with the Community Vision, etc.)
The application fee for a temporary conditional use outdoor dining permit will be waived.
Outdoor dining facilities shall require a barrier where it is located within a parking lot, within the parking area located in the public right of way, or where alcohol is served.
If an establishment is not serving alcohol, lower insurance requirements may be available.
No entertainment or speakers will be permitted in outdoor dining areas.



The agenda is as follows:

Approval of the minutes of the May 19, 2020 Housing, Planning & Development Committee meeting.

Communication from Councilmembers Bullock, Kepple & Shachner regarding permitting parklets as a
tool for economic relief for Lakewood businesses. (Referred to HPD 5/18/20)

Jason Shachner, Chair
Tristan Rader, Sarah Kepple Members
HOUSING, PLANNING, & DEVELOPMENT COMMITTEE

May 18, 2020

Lakewood City Council
12650 Detroit Avenue
Lakewood, Ohio 44107

Re: Permitting parklets as a tool for economic relief for Lakewood businesses

Dear Colleagues,

To help Lakewood restaurants, cafes, and other food service businesses recover from lost business
during the coronavirus lockdown and to help them operate successfully as public health restrictions are
adjusted to allow operations with social distancing, we propose accelerated consideration of a tool that
could help business serve enough customers to stay open: parklets. Our hope is to provide more space to
serve customers in compliance with public health protocols and thereby prevent additional permanent
closure of restaurants.

Parklets are, according to the definition by the National Association of City Transportation Officials,
“public seating platforms that convert curbside parking spaces into vibrant community spaces. Also
known as street seats or curbside seating, parklets are the product of a partnership between the city and
local businesses, residents, or neighborhood associations. Most parklets have a distinctive design that
incorporates seating, greenery, and/or bike racks and accommodate unmet demand for public space on
thriving neighborhood retail streets or commercial areas.”

The purpose of this communication is to request accelerated consideration of parklet use by Lakewood
businesses who want them and to adjust our ordinances, rules, and procedures to enable this in the very
near term. (It won’t help businesses nearly as much if we don’t move swiftly.) In addition, it is our view
that city investment to provide and install some equipment for safe use of parklets could be both an
appropriate and effective use of economic assistance funds. There are safety, logistics, design,
permitting, and financial considerations to work through, but we believe it is possible.

We request a referral of this communication to an appropriate committee for further deliberation.

Sincerely,

Tom Bullock Sarah Kepple Jason Shachner
Council At-Large Council At-Large Council Ward 2







Betsy Voinovich

[Amy Martin]

Here is my question to the Committee . . .
So, let's say that patrons prefer the "patio/street/parking lot" dining to in-house dining. Theoretically, an establishment's dining room could be completely empty while everyone dines al fresco on Detroit. I would definitely have a problem with this and feel that safeguards should be put in place to keep this from happening.

[Dan OMalley]

Here is my question to the Committee . . .
So, let's say that patrons prefer the "patio/street/parking lot" dining to in-house dining. Theoretically, an establishment's dining room could be completely empty while everyone dines al fresco on Detroit. I would definitely have a problem with this and feel that safeguards should be put in place to keep this from happening.

...could you elaborate on what your problem with this would be?

[Bridget Conant]

I find it ironic that we have heard, for years, the complaint that there isn’t enough parking in our city and that it discouraged people from coming here to shop and dine, yet this proposal will eliminate even more parking spots.

I cannot even imagine who would want to “dine” on a public street in a parking spot while cars drive by close enough to touch. I would not feel safe, I could see accidents happening and people being hurt, and who wants to breathe exhaust? You’d have to close the street to traffic, IMO.

I think it’s a stupid idea that’s basically pandering - those proposing it can look like they’re trying to “help” business.

[Dan Alaimo]

Regarding any of these changes that might pass Council, they should be labeled "pilot" and have a date when they will be reconsidered. I see no such reference in any of the coverage. It has been commonplace with such drastic changes in the past.

It seems to me that this is something to help the restaurants recover their business from the shutdown and any continuing slowdown due to the pandemic. Someday it will be over, and the parking places, etc., should be easily returned to their original purpose.

If the already passed ordinances prohibit this, then the taxpayers of Lakewood should hold the politicians involved responsible with an equally hasty recall election.

[Dan OMalley]

Regarding any of these changes that might pass Council, they should be labeled "pilot" and have a date when they will be reconsidered. I see no such reference in any of the coverage. It has been commonplace with such drastic changes in the past.

It seems to me that this is something to help the restaurants recover their business from the shutdown and any continuing slowdown due to the pandemic. Someday it will be over, and the parking places, etc., should be easily returned to their original purpose.

Dan you asked about this in another post and may have missed my answer: these changes are temporary and will expire at the end of October or when the emergency declaration is lifted by the state, whichever comes first.

[Dan Alaimo]

Regarding any of these changes that might pass Council, they should be labeled "pilot" and have a date when they will be reconsidered. I see no such reference in any of the coverage. It has been commonplace with such drastic changes in the past.

It seems to me that this is something to help the restaurants recover their business from the shutdown and any continuing slowdown due to the pandemic. Someday it will be over, and the parking places, etc., should be easily returned to their original purpose.

Dan you asked about this in another post and may have missed my answer: these changes are temporary and will expire at the end of October or when the emergency declaration is lifted by the state, whichever comes first.

Sorry, Dan, I did miss it (I looked), otherwise I wouldn't have asked again. This answers my question. Thanks.

--MORE--
I clicked on submit, then I clicked on the next subject line and there it was. So thanks again.

[Jim O'Bryan]

Regarding any of these changes that might pass Council, they should be labeled "pilot" and have a date when they will be reconsidered. I see no such reference in any of the coverage. It has been commonplace with such drastic changes in the past.

It seems to me that this is something to help the restaurants recover their business from the shutdown and any continuing slowdown due to the pandemic. Someday it will be over, and the parking places, etc., should be easily returned to their original purpose.

Dan you asked about this in another post and may have missed my answer: these changes are temporary and will expire at the end of October or when the emergency declaration is lifted by the state, whichever comes first.

Councilman O'Malley

Again you stress my concerns. So you have a plan to lift it in October, or when it is lifted by the State, but no mention of what happens when the cases go up? This shows me that Council looks at rosy pictures not real pictures when they deliberate. Something President Trump does as well. Only plan for the best, never the worst.

Now let's look to your old stopping grounds, The Lake of The Ozarks, well the infamous pool party happened and all members are asked to self quarantine for two weeks. Which of course is a joke as they couldn't even stay 6' from each other. But the reasons given were the very reasons I spoke to you last week before this happened. It is ok to talk with a couple people 6' apart for ten or 15 minutes. But prolonged use, is not only more problematic in catching the virus, but also sending the virus down the air's glide path. So that a droplet that can float for 15-90minutes, can travel on the wind. Sunlight can break it down in 2-5 hours. Heat over 90 can break it down in 5-10 hours. Which means each table upwind can infect other tables down wind.

This weekend I have seen business owners and employees without masks in Lakewood. Against the rules. I have seen tables of 6 or more inside and almost outside. I have seen groups of ten or more hanging around together smoking cigarettes, talking and waiting. No response from the City of Lakewood, which would indicate this is yet another string of rules and laws that will never be enforced. So we are opening doors, for things that may never change down the road.

Also fairness, is it fair to only worry about restaurants? Why can't Geiger's mover have their racks outside? What about the Social Security offices, why can't they move some of their desks outside? I realize that a majority of council gets checks from restaurateurs but their are other businesses in town. If council looked up from their craft beer maybe they would see that too. Speaking of craft beer and bars I find it odd, the one councilperson that has run afould of the law the most for drinking and... Leads this charge to open bars.

Which brings me to the final points. We are furloughing police and fire to save money. Now is the time to increase drunks and drunk traffic? Now is the time to bring it all into the parking lots and streets. I spoke with police and fire, none of them believe this is a good idea for the safety and well being of Lakewood and its residents.

So what we have is a handful of people that dabble in politics part time at best, and have zero background in science, medicine, law enforcement or psychology making up these rules as they go along on the whims of?

.

[Mark Kindt]

I have seen no chart, table, or graph that gives any confidence that the pandemic is not slowly, but steadily increasing in Ohio.

In our county alone, 77% of intensive care beds are occupied and this is an increase as reported recently in local media.

Yesterday or today, Rich Exner posted a graph at cleveland.com that showed a 30 degree upward slope on cases in Ohio that DOUBLED during the month of May.

I spent 12 years in both state and federal public service and I simply cannot imagine expanding outdoor dining during a national pandemic crisis of this magnitude.

For many Lakewood residents this is an existential crisis. And, by existential, I mean a crisis of life or death proportions. If you are my age or older, that is the case.

If you get out your calculator you can determine for yourself that Ohio has about a 7% mortality rate for Covid-19 victims, higher than many other states.

Rather than expand outdoor dining, the City of Lakewood should be solely focused on testing, testing, testing to protect its most vulnerable populations in nursing homes and assisted living.

I urge all city council members to reconsider this misguided initiative and only focus on protecting the most vulnerable residents and with all due dispatch.

I can't believe so much time was wasted on crafting this proposal. In the past 80 days, 2044 Ohioans have died from Covid-19, more will be reported dead tomorrow.

[Mark Kindt]

I have seen no chart, table, or graph that gives any confidence that the pandemic is not slowly, but steadily increasing in Ohio.

In our county alone, 77% of intensive care beds are occupied and this is an increase as reported recently in local media.

Yesterday or today, Rich Exner posted a graph at cleveland.com that showed a 30 degree upward slope on cases in Ohio that DOUBLED during the month of May.

I spent 12 years in both state and federal public service and I simply cannot imagine expanding outdoor dining during a national pandemic crisis of this magnitude.

For many Lakewood residents this is an existential crisis. And, by existential, I mean a crisis of life or death proportions. If you are my age or older, that is truly the case.

If you get out your calculator you can determine for yourself that Ohio has about a 7% mortality rate for Covid-19 victims, higher than many other states.

Rather than expand outdoor dining, the City of Lakewood should be solely focused on testing, testing, testing to protect its most vulnerable populations in nursing homes and assisted living.

I urge all city council members to reconsider this misguided initiative and only focus on protecting the most vulnerable residents and with all due dispatch.

I can't believe so much time was wasted on crafting this proposal. In the past 80 days, 2044 Ohioans have died from Covid-19, more will be reported dead tomorrow.

Published Graph from Rich Exner.jpg (269.21 KiB) Viewed 7887 times

[Mark Kindt]

What Data Is Lakewood Using To Expand Outdoor Dining?

Here are some of the problems with the public data on the Pandemic.

https://www.politico.com/news/2020/05/2 ... ing-286143

Locally we can identify two problems, at least:

1. The State of Ohio does not appear to be reporting data on recoveries.

2. The Cuyahoga County Board of Health excludes City of Cleveland data in some reporting.

How, for instance, did Minnesota become the metric for the expansion of outdoor dining in Lakewood?

What the heck do we know about Minnesota?

[Mark Kindt]

New York Times Analysis

https://www.nytimes.com/interactive/202 ... e=Homepage

You can use this map to drill down into county level data:

Looks to me like Cuyahoga County cases will double by June 15th.

You can use other maps to zero in on Ohio data:

That map shows that cases in Ohio continue on an upward track.

[Mark Kindt]

Here Is The Primary Lakewood Reference Document from May 2009

[Jim O'Bryan]

Here Is The Primary Lakewood Reference Document from May 2009

Thanks Mark

[Mark Kindt]

This legislation is no longer defensible on any rational grounds. It should be repealed as soon as possible. It is a potential healthcare disaster for both residents and visitors.

I simply don't know why these Council-Members think that Lakewood should have statutory "contagion" zones.

I can't imagine anyone serving on the Planning Commission approving such zones without taking a real risk of incurring serious legal jeopardy.