HomeMy WebLinkAboutItem 04item No.
City of Lakeville
Community and Economic Development Department
Memorandum
To: Mayor and City Council
From: David Olson, Community and Economic Development Directooll
Daryl Morey, Planning Director -PYA
Copy: Ken Henk, Paster Enterprises
Tom Tomaro, Babe's Sports Bar
Date: May 9, 2014
Subject: May 12, 2014 City Council Work Session
Carbone's Request for Extended Outdoor Patio Hours
The City Council discussed this issue at the April 281h Work Session. Paster Enterprises, owner of
the Lakeville Crossing has requested the City consider extending outdoor patio hours of
operation for one of their tenants, Carbone's Bar and Grill. It was the consensus of the City
Council to have staff draft a proposed ordinance amendment to allow the extended evening
hours that were being requested.
Outdoor patios for bars and restaurants serving alcohol are regulated by Chapter 3-1-8-14 of the
City Code under alcoholic beverage licensing. Subsection C.7 limits the hours of operation for
serving liquor or food on an outdoor patio located within 150 feet of a residential district to 7:00
a.m. -10:00 p.m. Attached is a proposed ordinance amendment that would allow
establishments with patios located within 150 feet of a residential district to serve alcohol and
food until 11:00 p.m. Sunday through Thursday nights and 12:00 a.m. on Friday and Saturday
nights.
Attached is a list of all establishments that currently have liquor licenses and those that have
also received approval of outdoor patios. Carbone's and Babe's Sports Bar are currently the only
establishments with outdoor patios located within 150 feet of a residential district.
If the City Council wishes to consider adoption of this amendment, it is recommended that it be
placed on the June 2nd City Council agenda and that residential property owners within 150 feet
of Carbone's and Babe's be notified of the proposed change.
Attachments:
• April 16, 2014 letter from Paster Enterprises
• Section 3-1-8-12 of the City Code
• Proposed Ordinance Amendment of Section 3-1-8-14.C7
• List of Current Liquor License Holders
ORDINANCE NO.
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 3, CHAPTER 1
OF THE LAKEVILLE CITY CODE CONCERNING
ALCOHOLIC BEVERAGES
THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS:
Section 1. Section 3-1-8-14.C.7 of the Lakeville City Code is hereby amended
to read as follows:
7. Liquor, food, or music may be served, dispensed,
possessed, displayed or furnished on a patio
located within one hundred fifty feet (1501) of a
residential district between the hours of seven
o'clock (7:00) A.M. and eleven o'clock (11:00)
P.M. Sunday through Thursday, and between the
hours of seven o'clock (7:00) A.M. and Midnight
(12:00) A.M. Friday and Saturday.
Section 2. This Ordinance shall be effective immediately upon its passage and
publication according to law.
PASSED and ADOPTED by the Lakeville City Council this day of
2014.
CITY OF LAKEVILLE
BY:
ATTEST
BY:
Charlene Friedges, City Clerk
Matt Little, Mayor
LA
z
O
H
a
U
J
W d
J a
J_
> Q
W `
Y 5
Q W
JJ z
LL W
Ocr.
z_
J
O
ILLJno
o
o
o
N
O
o
o
o
O
,LL)O
w
O
O
O
O
LL4
O
w
O
O
O
O
O
ca
z}
z
z
z
z}
z
z
z
z
z}
z}
z
z
z
z}
z}
Z
Z
Z
z
Z
Q
C7
Q N
O
w
O
O
w
O
w
O
O
O
o
o
O
O
O
Q
a
Q
Q
O
O
O
O
Q
O
o
o
O
Z
}
Z
Z
}
Z
}
Z
Z
Z
Z
Z
Z
Z
Z
Z
z
Z
Z
Z
Z
Z
Z
Z
Z
Z
Z
N
U
U
in
O
w
00
0
w
w
O
w
O
0
o
0
o
w
0
0
o
O
w
w
w
o
o
w
o
O
Z}
Z
z
Z}}
Z}
Z
Z
Z
Z
Z}
Z
Z
Z
Z}}}
Z
Z}
Z
Z
cc
0O
o�o�OL^N
O`n`A
nooLnNOOOOO`"OLnO�OO
LL/U)
LU
Z}
w
z}}
w
w
Z}}}
w
w
w
Z
Z}}
w
w
Z
z
z
Z
Z}
w
Z}
w
Z}
Z
Z
� a
O a
w H-
w�
O
w
O
w
O
O
O
O
O
O
w
o
o
,`n,_,
O
O
o
o
0
0
0
o
o
o
LI)
LIJ
o
o
F- cc
z}
z}
z
z
z
z
z
z}
z
z}
Z
Z
Z
Z
Z
Z
Z
Z
Z
z}
z
z
Q w
U a
N
W
U
0L/)
Lr)
Lr)
LI)
L/)L/)
V)L/)V)
L/)
L/)
Lr)
(A
V)
to
O
O
O
to
cn
N
Ln
O
V)
L/)
L/)w
E... U
Z
}
W
}
w
}
W
}
W
}
W
}
w
}
w
}
w
}
w
}
w
}
w
}
W
}
w
}
w
}
Z
Z
Z
W
}
w
}
w
}
W
}
Z
w
}
W
}
w
}
N a a
mm
a Q
H
Q
Q
Q
Q
In
In
Q
Q
Ln
Ln
In
N
N
Q
Q
Q
Q
Q
Q
Ln
Q
Q
to
Q
to
N
Q
LN O
\
\
\
\
w
w
\
\
w
w
W
w
w
\
\
\
\
\
\
w
\
\
w
\
w
w
\
-J X m
N
z
z
z
z}}
Z
Z}}}}}
Z
Z
Z
Z
Z
Z}
Z
z}
Z}}
Z
H
LA p
X
Q a
N
w
Ln
w
Ln
w
In
c/7
cn
(n
N
N
cn
N
In
to
Ln
N
Ln
Ln
to
to
to
N
Ln
(4
N
N
L/)
cn
w
w
w
w
w
w
w
w
w
w
w
w
w
w
w
w
w
w
w
w
w
w
w
w
W
U
HQ
N
to
Ln
to
N
V)
N
N
to
to
Ln
Ln
to
to
Q
Ln
Ln
to
Ln
to
N
cn
N
N
N
J
WW
}
}
W
}
w
}
w
}
W
}
W
}
W
}
W
}
w
}
w
}
w
}
w
}
w
}
\
z
w
>-}
w
W
}
W
}
W
}
W
}
W
}
W
}
w
}
W
>-
m =
Q N
<
J Z
p
W
Ln
Ln
Ln
Ln
V1
N
VY
In
In
N
Ln
N
Ln
N
N
N
N
N
N
N
to
N
In
Ln
In
N
N
W Q
w
w
w
w
w
w
w
w
w
w
w
w
w
w
w
W
W
w
w
w
w
w
w
w
w
W
w
W
W
W
Z
Z
Z
w
z
i=
ofW
Of
Of
2�
�
W
W
W
W
of
LL
Of
z
O
O\
0
0
0
0
w
O
O
O
O
O
O
O
w
w
W
w
O\
O
O
W
O
OLU
\
w
>
>
>
>
>
>
m
>
>
>
>
>
>
>
m
m
m
m
Of
>
>
m
D
m
U_
U
U
N
——
—
U_
O
O
U_
Z
LL
O
ZLi-
J
(D
LU
U
X
r14
M
Q
U
w
w
to
m
N
Y
U
to
>
Q
w
Ln
Q
o
m
tD
�
m
m
w
O
p
Q
w
w
w
W
m
>
o
w
Z
a
CO
O=
=
J
J
O
W
cc
G
N}
a_
a
d'
d
w
W
w
2�
CL
Q
LL
Q
W
m
N>
Ln
W
X
>
N
J
Q
O
t-
�.
w<
H
Z<
H
H
J
cn
a
w
Om
�n
z
w
w
p
U
z
LL
m
Q
m
a
N
Q
o
w
�_
Y
Y
W
Z
d
Z
i
Q
w
LU
a
a
Q==
Q
S
LL
D
a
p
w
Q
2
a}
o=
a
o=
w
a
J
O§§
Y
Q
W
J
p
U
J
Q
m
m
m
m
m
U
U
U
U
U
mo
w
Q
o
CL
N
N
N
z
O
H
Q
U
J
W CL
J Q
J
Q
W `
Y 5
Q W
LLL W
O O<
} W
U z
W
U
J
O
cr
J
z
m
o
o
o
o
o
o
o
o
o
w
Q
z
a N
Q
Q
Q
Q
Q
O
Q
0
0
0
Q
Z
z
Z
Z
Z
Z
z
Z
Z
Z
N
V
V
V)
0
0
0
0
0
0
0
0
0
0
z
z
Z
Z
Z
z
Z
z
Z
Z
O
O
O
0
0
0
0
0
0
0
0
0
0
o a
z
z
z
z
z
z
z
z
z
z
O
W
W 2
0
0
0
0
0
0
0
0
0
0
OC
z
z
z
z
z
z
z
z
z
z
Q W
� a
V)
W
N H a,
LI)
N
O
O
N
(n
(n
In
W�-
m Q
a
W X
O
Q
Q
Q
Q
Q
Q
Q
Q
Q
Q
-i Q
\
\
\
\
\
\
\
\
\
\
F- W
Z
Z
Z
Z
Z
Z
Z
Z
z
z
Q
N
W
X
In
In
In
to
to
to
toto
N
to
Q Q
W
W
W
W
W
W
W
W
W
W
W
z
J Q
In
In
In
N
N
N
N
N
to
N
m
W
W
W
W
W
W
W
W
W
W
J Z
W
W Q
(n
W
to
W
Ln
W
cn
W
to
W
to
W
(n
W
In
W
In
W
Ln
W
L.L CL
r
W
Z
iy
w
Lu
Cr
Cr
Cr
Cr
Cr
H
W
W
W
W
W
�
W
W
Z
W
W
W
W
W
\
W
0
W
W
co
co
Co
Co
Co
Of
m
CO
CO
W
U
N
N
N
N
N
w
N?
N
J
Cn
M
M
C'/)
M
co
ff)
J
U
M
H
W
00
O
i--
In
Q
�
W
Q
Q
Q
Q
Z
U
Lu
V
W
N
Li
N
Q
Q
Q
O
O=
w
a
O
Q
Z
w
w
w
LL
W
N
N
a
b
=
W
U
d
Cl
a.
co
CO
Y
Q
a
Q
N
in
N
U
U
H>
PASTER ENTERPRISES
SHOPPING CENTER DEVELOPMENT & MANAGEMENT
CENTRAL PLAZA
45th & Central Ave. N.E.
Minneapolis, Minnesota
CRYSTAL SHOPPING CENTER
Bass Lake Road & West Broadway
Crystal, Minnesota
CRYSTAL TOWN CENTER
Bass Lake Road & West Broadway
Crystal, Minnesota
April 16, 2014
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
Attn: Dave Olson
RE: Carbone's Patio
Lakeville Crossing
Dear Dave:
2227 University Avenue • Saint Paul, MN 55114-1677
651-646-7901 • Fax 651-646-1389
www.pasterenterprises.com
LEXINGTON PLAZA SHOPPES
The first phase of the Lakeville Crossing shopping center was
DODDWAY SHOPPING CENTER
opened for business in 2002. As this property abuts a
Smith &Dodd Road
West Saint Paul, Minnesota
neighborhood of single family homes, great care was taken during
Mounds View, Minnesota
the planning process between the property owner and city staff to
that the commercial and residential components would
LAKEinsure
160th & Cedar Avenue ILLE CROSSING
160th
integrate well together. No service drives were placed behind the
Lakeville, Minnesota
building and a bermed buffer area with many trees was added to
Mendota Heights, Minnesota
screen the residential properties from the commercial area.
LEXINGTON PLAZA SHOPPES
Carbone's Pizza was one of the first tenants at Lakeville
Lexington & Larpenteur
Crossing. This has been a successful business venture for John
Roseville, Minnesota
and Nicki Wilkus and well accepted by the community. Over the
Mounds View, Minnesota
years, due to the support of the community, the restaurant has
expanded twice and most recently, an outdoor patio area was
MENDOTA PLAZA
added.
State Highway 110 & Dodd Road
screening. There is a solid roof over the majority of the patio. The
Mendota Heights, Minnesota
patio was designed to contain any noise and light and to prevent it
The patio was open for business during the 2013 outdoor season,
and was well received. To our knowledge, there have been no
MOUNDS VIEW SQUARE
complaints regarding its operation.
Highway 10 & Long Lake Road
Mounds View, Minnesota
The patio is located approximately 90 to 140 feet from the rear
property line. The south (rear) wall is masonry with no openings.
NORTHWAY SHOPPING CENTER
The east and north perimeters are fenced with heavy landscaped
State Highway 23 & Woodland
screening. There is a solid roof over the majority of the patio. The
Lexington/Circle Pines, Minnesota
patio was designed to contain any noise and light and to prevent it
from disturbing the residential area south of the shopping center.
SIBLEY PLAZA
Per city ordinance, "Liquor, food, or music shall not be served,
West 7th Street & Davern
Saint Paul, Minnesota
dispensed, possessed, displayed or furnished on a patio located
within one hundred fifty feet (150') of a residential district between
the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00)
SOUTHVIEW SHOPPING CENTER
A. M. ME M BE R OF
Southview Boulevard & 13th Ave. S.
South Saint Paul, Minnesota
P^
0
of Shopping l •` 0.
� R
W u°
This restriction on hours of operation is negatively impacting the
restaurant. As an example, on many Friday nights, the Minnesota
Twins game is on the television on the outside patio and extends
past 10:00 P.M. Carbone's has then had to move those patrons
inside. Typically half will move inside, but half will leave and go to
Apple Valley where patios are open until 2:00 A.M. nightly. With
the 10:00 P.M. restriction, Carbone's really can't sit any tables
past 9:15 or 9:30 PM.
We would request that an amendment to the current ordinance be
considered that would allow Carbone's to better serve their
customers and compete with similar establishments in adjacent
communities. We would propose that the 10:00 P.M. patio limit be
changed to 11:00 P.M. on weeknights, (Sunday through Thursday
nights) and 12:00 A.M. on weekends, (Friday and Saturday
nights).
The Carbone's patio has been in operation for a full year with no
known complaints or issues. It has been well designed to prevent
noise and light from entering the adjacent neighborhood. With the
short summer season, it would be of great benefit for the
residents of Lakeville to be able to enjoy outdoor restaurant patios
for an extended time period.
Please review and consider this request, and inform us as to the
procedure required to formally request this change.
Sincerely,
Paster Enterprises
Kenneth I. Henk
Vice President, Operations & Construction
CC: John & Nicki Wilkus, Carbone's
3-1-8-14: PATIO:
A. Statement Of Policy: The issuance of an "on -sale liquor", "special club intoxicating liquor",
"on -sale wine", or "on -sale 3.2 percent malt liquor" license pursuant to this code will be
limited to the sale and consumption of alcoholic beverages inside of a structure on the
licensed premises, unless the licensee applies for and receives approval from the city
council for a patio to allow the sale and consumption outside of a structure on the
licensed premises.
B. Definition: "Patio" means any outdoor area located on the premises used for serving food
or alcohol.
C. Regulations:
1. The patio shall not be enclosed in such a manner that the space becomes an indoor
area as defined by Minnesota state statute.
2. The patio shall be attached to the licensed premises and share at least one common
wall with the licensed premises building in accordance with Minnesota state statute.
The patio shall not be part of a public street, sidewalk or other public grounds.
3. Access to the patio shall be directly from the licensed premises with no direct access
other than emergency exits.
4. The patio shall be clearly delineated by an approved fence at least forty two inches
(42") in height or some other approved structure or barrier that is compact and
contiguous to prevent the ingress or egress of persons to and from the patio.
5. Panic and fire exit hardware shall be installed on the emergency exit gates that are
equipped with latches and shall comply with the Minnesota building code.
6. Patio screening may be required if the premises is adjacent to a residential district,
consistent with the fencing/screening/landscaping provisions of this code.
7. Liquor, food, or music shall not be served, dispensed, possessed, displayed or
furnished on a patio located within one hundred fifty feet (150) of a residential district
between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M.
8. The patio shall be in compliance with the building setback requirements of the
respective zoning district of this code. (Ord. 837, sec. 1, 4-21-2008)
9. The licensee shall pay the additional number of metropolitan council SAC units as
determined by the metropolitan council environmental services for the additional
seating according to the type of service to be provided and, notwithstanding any other
provision of this code, twenty five percent (25%) of the additional city sewer connection
charge and water connection charge based upon the additional seating. (Ord. 861,
sec. 1, 12-21-2009)
10. The premises shall be in compliance with the parking provisions of this code.
11. The patio shall have sufficient vehicle barriers installed to reduce the entry of vehicles
into the patio if it is in direct contact with or immediately adjacent to a vehicle parking
area.
12. The patio shall be in compliance with the noise amplification and dancing and
outdoor entertainment provisions of this code.
13. The patio shall be in compliance with the glare provisions of this code.
14. The patio shall be in compliance with the sign provisions of this code.
D. Application; Site Plan:
1. The patio application shall contain a detailed description and site plan of the entire
premises including the following: distance of the proposed patio from all property lines;
current size and seating capacity of the licensed building; proposed patio size and
seating capacity including table, chair, and aisle arrangements; current parking
capacity and additional number of parking stalls required; additional number of city and
metropolitan council SAC units as determined by the metropolitan council
environmental services; fence and/or landscape barrier type and height; emergency
exit gate hardware and locations; and vehicle barrier type and locations.
2. The complete patio application and site plan must be submitted to the city clerk for
review and comment by the city clerk, planning department, inspections department,
and police department, before submission to the city council for consideration of
approval. City staff will review the patio application within thirty (30) days of receipt of a
complete application for the applicable fire, building codes and zoning codes; past
performance of the licensee in maintaining order and obeying applicable laws in the
principal licensed premises; the adequacy of the proposal to provide for the safety of
persons on the proposed premises; impacts on the surrounding properties including
lighting and noise levels; and suitability of ingress and egress arrangements including
control of persons entering and leaving for purposes of preventing consumption by
minors.
3. If the patio application is approved by the city council, the licensee will be required to
obtain and pay for any necessary city permits and fees. (Ord. 837, sec. 1, 4-21-2008)