Moses Lake addresses business sidewalk use

City sends notices to property owners

MOSES LAKE - Several property owners along Third Avenue have received notices from the City of Moses Lake regarding sidewalk use.

Carol's Firefly Cafe owner Carol Bridges received a notice.

"The notice just said we were required to have a permit and we were required to show proof of insurance with the city as a named insured," she said. "All we had to do was get a certificate of insurance showing the city would be covered."

The city decided that the permit fee was not required because of the size of the table and chairs and how much they took up of the sidewalk, Bridges said.

Leticia Rodriguez, owner of Emperador Azteca, said her business received a letter last month stating she needed to buy $1 million insurance if she wanted tables outside for customers.

Rodriguez said she had placed tables and signs outside after the remodel of Third Avenue last years.

"I'm not sure why I have to have insurance for four tables, or three tables, outside," she said.

According to City of Moses Lake Community Development Director Gilbert Alvarado, the city's provisions require business owners to have permission from property owners and provide details of their sidewalk use.

"In other words, are they placing merchandise, are they placing cafe tables and chairs?" Alvarado said. "Those requests have to fit within the provisions of the ordinance."

The city is primarily seeing sidewalks used for restaurant commerce.

"We have three restaurants who are using the expanded sidewalks for the purpose it was intended to," Alvarado said. "When the city went ahead and made revisions to the downtown, there was expectation that additional sidewalk would be used."

The Moses Lake City Council considered provisions to deal with such use, including making sure insurance existed.

"The council passed those provisions and we have sent notices to those property owners and placed them on notice that they do need to comply with those rules and regulations," Alvarado said.

There is no immediate time frame for businesses to comply. Alvarado said the city has been working with businesses.

The provisions apply to any city sidewalk, but generally, the businesses taking advantage of the additional sidewalks have been on Third Avenue, Alvarado said.

The provisions have been in place for "a couple" of years, adopted when the downtown revitalization project finished.

"We figured business owners were going to want to use the downtown additional right of way for commerce," Alvarado said. "The council had concerns about what is appropriate to place out on the sidewalks and what is not."

Similar provisions exist in other cities, Alvarado said.

"We just wanted to make sure we had provisions to adequately address this, because we didn't want the business owners to place either their tables or wares out in the right of way that could possibly become a safety issue or an appearance issue," he said. "We wanted to make sure we had adequate travel lanes and what have you."

If businesses do not comply, Alvarado said, then it becomes a matter of enforcement.

"What would be occurring is they would be in violation of those provisions with the municipal code, and that would require code enforcement officers to go out, document, come back in and begin the nuisance provisions, if you will," he said.

Rodriguez purchased the insurance and paid $75 for a permit, which she said was later returned. Bridges said her business was not charged a permit fee.

"We do have to show proof of insurance, but we do not have to pay a permit fee of $75," she said.

Rodriguez said her primary concern is having enough parking for her customers - she would like to see the return of two-hour parking limits downtown - and not whether or not her restaurant has tables outside.