By BECKY KISER
Hays Post
Despite multiple discussions this spring by the Hays city commission, no local businesses contacted any commissioner in support of a proposed streatery policy.
A streatery is an open space constructed in a parking space to be used as an extension of a restaurant or bar for use by the establishment's patrons.
The concept became prevalent during the COVID-19 pandemic to creatively accommodate social distancing requirements and address the economic impact. Municipalities began allowing restaurants to extend their dining space into the public right-of-way, particularly into adjacent parking stalls.
During the commission's annual retreat earlier this year, the idea was discussed and Collin Bielser, assistant city manager, was tasked with researching it and writing a draft streatery and outdoor dining policy for Hays. Manhattan and Lawrence are currently the only cities in Kansas which have streateries.
During a lengthy discussion on April 21, commissioners determined a one-year trial of the streatery program would be the best way to start. It was Sandy Jacob's suggestion, but she noted that she had not been contacted by any downtown eateries that were interested in participating.
"I don't know if it'll be conducive in this community, if people really want to do it," Jacobs said last month.
Shaun Musil, who owns the downtown Paisley Pear Wine Bar, Bistro and Market, wondered if the investment costs would be worth it to the restaurant and bars. He was unsure if he would do it with his own business.
Commissioners talked about rules and regulations regarding alcohol consumption, location, footprint use, structural and safety requirements, and insurance requirements. They came to a consensus in each area and also agreed that businesses could use the adjacent public sidewalk, creating a sidewalk café component to the policy.
After a few more refinements at the next work session, the final draft policy was presented for a vote Thursday night.
"I haven't talked to anybody in this community that really has any interest in the streateries," Jacobs said.
She suggested the draft policy be amended to allow outdoor sidewalk dining only.
"Should anybody ever want to get into streateries, we've got that piece. The policy could be amended again and be brought forward for discussion."
Vice-mayor Michael Berges also thought commissioners would hear from the downtown restaurants.
"It feels like we're trying to do something that's not really being asked," Berges said.
He supported Jacobs' idea to remove the streatery portion of the proposed policy.
"We've got a lot of notes that we can refer back to but I think at this time it makes more sense to leave the street part out and allow some outdoor cafés which are easily moved in and out of restaurants, if they want to. If we do hear from restaurants (about streateries), we've got it ready to go and we can readdress it."
The policy was written to allow streateries anywhere in the city where off-street parking is not available nor provided by a restaurant or bar and the business does not already have access to private property to accommodate outdoor dining.
That limited the number of qualifying businesses in downtown Hays to about four and only one had expressed possible interest.
Phil Kuhn, owner of The Press, and Wes Rathbun, owner of several downtown businesses, including The Golden Q, previously told the commission they had concerns about the streatery proposal and how well the concept might work in Hays.
"I penciled it out," Kuhn told Hays Post, "and the cost to build a streatery just doesn't make financial sense for me." Both men think if more restaurants and bars were to open in downtown Hays, a "streatery row" could be created and become a popular gathering area such as Aggieville in Manhattan.
Commissioner Reese Barrick agreed with the restaurant owners.
"I think in the future there could be more bars and restaurants and it could be a really cool thing," Barrick said. "But for now I think we're doing it for just one place. I would still love to see it on a bigger scale."
At each meeting, Musil worried about state law that makes him - the business owner - responsible for the violation if a customer wanders into Musil's property with an alcoholic drink purchased at a different streatery.
"There are some issues that go with serving alcohol in the streets. ... I think it'd be fun but fun doesn't always make sense," Musil said.
Commissioners unanimously approved the amended policy to allow sidewalk cafés only.
Any restaurant and/or bar within the Hays city limits, that abuts a public sidewalk, and cannot offer outdoor dining on private property, may provide outdoor dining on the public sidewalk. They will be permitted to operate year-round and must maintain ADA access for pedestrian traffic on the public sidewalk.
Because public consumption of alcoholic beverages is currently allowed only in city parks, a change was necessary to municipal code.
Commissioners unanimously approved an amendment to the ordinance requiring participating businesses to obtain a temporary extension of premise permit from the Kansas Department of Revenue, Alcoholic Beverage Control (ABC) in order to serve liquor and cereal malt beverages for outdoor dining.
Sidewalk cafes must also have an operating permit issued by the city.
The commission thanked Bielser for the time he spent researching streateries.
"I've not seen anything that this is wanted," said Mayor Mason Ruder. "The opportunity for sidewalk cafés could be a teaser for people to maybe look at doing this. We've got everything in place. If we need to review it later we can."
In other business, commissioners approved the following bid awards:
* Up to $172, 830 to QSI, Richmond, Kansas, for construction of a new Solid Waste Division equipment storage building
* Purchase of one Kenworth T-480V single axle dump truck with plow and spreader and two Kenworth T-480V tandem-axle dump trucks with plows, spreader, and brine applicator system for $564,974 to Wichita Kenworth for the Service Division
* Rehab of Hickok Park storm sewer, 27th and Indian Trail, by M&D Excavating, Hays, for $27,807