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Council OKs revocable license for downtown alley to support Halls on Fifth food hall, amid debate over exclusivity
Summary
After extended public debate about access and fairness downtown, the council approved a revocable, non‑exclusive license (modeled on a prior Propagate license) allowing Halls on Fifth to use a narrow alley for outdoor seating, with insurance, revocability and the city’s right of access preserved.
The council approved a revocable license for use of a downtown alley adjacent to the Halls on Fifth food‑hall project after lengthy discussion about exclusivity, access, safety and precedent.
City attorney Cliff Shepherd described two legal models: an exclusive use agreement and a revocable license used previously for Propagate. The council favored a license model that is revocable by the city, requires the user to carry insurance naming the city as additional insured, allows city access for emergency or operational needs, and permits staff to terminate use if public‑safety issues arise.
Applicant Ella (Halls on Fifth) said the property owner already holds 8.5 feet of the 15‑foot alley width and requested limited use of additional remaining width for fencing, seating, lighting and repaving at the applicant’s expense. "My fence would go there. It is literally the picture that I sent this morning," she said, summarizing the modest physical footprint requested and saying the primary interest was safety and creating pedestrian seating.
Several downtown business owners and longtime residents opposed granting an exclusive right to one applicant over a public alley and urged a consistent standard for all businesses; others supported the license as a tool to activate downtown and improve walkability. Staff and the applicant agreed to a nonexclusive, revocable license approach modeled after a prior Propagate license and to seek written acknowledgements from adjacent property owners if needed to reduce later disputes.
The council voted to approve the license (motion carried unanimously) and instructed staff and the city attorney to finalize the revocable license document for execution with required insurance and indemnity provisions.
The license grants operational control only so long as the city retains the right to revoke or alter use for emergency access, public works needs or other city purposes.
