Ordinance committee considers outdoor-dining rules after Morgantown parklet pilot

Staff member opened the meeting by summarizing research on Morgantown's temporary parklets and sidewalk "pedlet" designs, saying the parklet installation she found cost about "$10,000 for 2 parking spaces" and that Morgantown's ordinance was updated in February 2022 to align with alcohol licensing rules.

Why it matters: Committee members said a local outdoor-dining ordinance could help downtown restaurants expand seating, generate tax revenue and slow traffic, but cautioned that benefits are uneven and that the city must address safety, accessibility and liability before adopting a program.

Committee members and staff discussed design options and rules. Staff noted two common models: a parklet built into parking spaces and a pedlet that extends the sidewalk area; both were described as temporary and removable. Members asked about ADA compliance and safety; staff replied that the Morgantown design had state DOH approval for a state road (High Street). "It must be [ADA compliant]," Staff member said, noting the Morgantown ordinance requires accessibility.

Cost and funding came next. Staff said the Morgantown parklet appeared to cost about $10,000 for two parking spaces. Committee members proposed adapting the existing sidewalk-improvement matching program so the city might provide a partial subsidy (for example, roughly $5,000) while businesses contribute the remainder. One member said the city would need to show a fiscal benefit if it were expected to pay into the program.

Insurance, permitting and enforcement were central concerns. Committee members discussed requiring commercial insurance and indemnification; staff said Morgantown requires proof of insurance and indemnification to protect the city. Members debated the need for a surety bond versus standard liability coverage and whether the city should be named as an additional insured in some cases. On penalties, staff pointed out typical language in other ordinances that allows fines "up to $500 a day" and revocation of permits; several members said the upper limit seemed high and suggested a graduated range tied to the severity of violations.

The committee also considered where permits should be required. Staff recommended separate definitions and processes for sidewalk/public-right-of-way dining, street parklets and private-property outdoor dining (for example, a porch that is wholly private). That separation would let the committee tailor fees and review requirements (site plan, HLC/historic considerations, administrative review) to the situation.

Several local businesses were named as likely early adopters, and members favored targeted outreach to restaurants first to measure interest. Multiple members volunteered to contact nearby restaurant owners to test demand and gather revenue data.

Next steps: Staff member said she would draft a redlined version of an outdoor-dining ordinance that incorporates the committee's suggested definitions, insurance and permitting language and fee options, then circulate it and include the document in the next committee/council packet for formal review. "I can do a draft now, and I'll do it. I'll redline it so you can see what I added," Staff member said.

The committee set a plan to review the redline and a packet of background materials at the next meeting; no formal vote was taken at this session.