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Council refers winter outdoor-dining waiver requests to committee after Public Services warns of snow-operations risks
Summary
A solicitor memo granting temporary waivers for Bambelina and Witchside Tavern to keep outdoor dining platforms on Derby Street through the winter prompted a debate over public-safety and winter maintenance; the council referred the matter to Government Services for further review.
An order from the city solicitor approving a temporary waiver to allow two downtown restaurants — Bambelina and Witchside Tavern — to maintain outdoor dining platforms on Derby Street through November 2025–May 2026 was presented to the City Council on Oct. 23.
Department of Public Services (DPS) Director Ray Joden urged the council to deny any extension of parklets past November, citing winter maintenance and stormwater concerns. Joden told the council that fixed or semi-fixed parklet structures impede snow plowing, obstruct drainage outlets, and could compromise access for emergency vehicles on narrow downtown streets. He called selective waivers a dangerous precedent for operations.
Public testimony included a representative of Bambelina who asked the council to allow the patio to remain year-round, noting the business operates long hours and will perform snow shoveling around the patio. The council debated the operational trade-offs. Councilor Jerslow initially moved to deny the waiver, arguing DPS safety concerns; Councilor Varela moved to adopt (grant) the solicitor's waiver and to send the matter to committee for wider discussion of year-round parklets. Councilor Jerslow subsequently withdrew her motion for denial.
The council voted to send the solicitor's waiver and the broader question of winter parklets to the Government Services Committee (co-posted with the Committee of the Whole) for a more detailed policy review and recommendations on design, parking impacts, accessibility, maintenance obligations and fees.
What happens next: the matter will be scheduled for a Government Services Committee meeting to produce a recommended policy for year-round outdoor dining structures, including public-safety, accessibility, and payment/parking considerations.
