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HomeMy WebLinkAboutItem 09May 30, 2014 Item No. ORDINANCE AMENDING TITLE 3, CHAPTER 1 OF THE LAKEVILLE CITY CODE CONCERNING ALCOHOLIC BEVERAGES AND OUTDOOR PATIOS June 2, 2014 City Council Meeting Proposed Action Staff recommends adoption of the following motion: Move to adopt an Ordinance Amending Title 3, Chapter 1 of the Lakeville City code Concerning Alcoholic Beverages as it pertains to Outdoor Patios. Adoption of this ordinance will result in extended hours of operations for patios at licensed liquor establishments within 150 feet of a residential district. Overview The City Council as discussed this issue at Work Sessions on April 28th and May 12th as a result of a request from Carbone's Pizza to extend the hours of operation at their outdoor patio located in Lakeville Crossing at the intersection of Cedar Avenue and Co. rd. 46. Carbone's Pizza and Babe's Sports Bar at the only licensed establishments that have patios located within 150 feet of a residential district. Based on the discussion at the Work Sessions, staff was directed to prepare a proposed ordinance amendment that extend the hours of operation of patios within 150 feet of a residential district from the current 10:00 p.m. requirement to 11:00 p.m. on Sunday through Thursday and Midnight on Friday and Saturdays and to provide notice to adjacent property owners. Should Council choose to proceed with the ordinance amendment, staff has recommended a motion to do so. Primaa Issues to Consider • What options have been considered to address the request? The Work session staff report is attached which discussed options. Supporting Information Letter of request from Carbone's Draft Ordinance Amendment • Staff Report • Letters from property owners near Babes Sports Bar and Carbone's Pizza r David L. Olson, Community and Economic Development Director Financial Impact: None Budgeted: Y/N _ Source: Related Documents (CIP, ERP, etc.): Notes: 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 e Saint Paul, MN 55114-1677 651-646-7901 • Fax 651-646-1389 www.pasterenterprises.corn 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 the planning process between the property owner and city staff to insure that the commercial and residential components would I A 160th 160th &Cedar Avenue & CE ar Avenue 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 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 Mendota Heights, Minnesota 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._ MEMBER OF Southview Boulevard & 13th Ave. S. South Saint Paul, Minnesota 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 f Kenneth I. Henk Vice President, Operations & Construction CC: John & Nicki Wilkus, Carbone's 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. ATTEST M Charlene Friedges, City Clerk CITY OF LAKEVILLE BY: Matt Little, Mayor Item 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 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 28th 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 Memorandum City of Lakeville Planning Department To: Mayor and City Council From: Daryl Morey, Planning Director' Copy: Dave Olson, Community and Economic Development Director Ken Henk, Paster Enterprises Date: April 25, 2014 Subject: April 28, 2012 City Council Work Session Carbone's Request for Extended Outdoor Patio Hours Paster Enterprises, owner of the Lakeville Crossing multi -tenant retail center located west of Cedar Avenue (CSAH 23) and south of 1601h Street (CSAH 46), is requesting extended outdoor patio hours of operation for one of their tenants, Carbone's Bar and Grill. 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. Carbone's, which is located within 150 feet of a residential district, is requesting the City Code be amended so their patio can serve alcohol and food until 11:00 p.m. Sunday through Thursday nights and 12:00 a.m. on Friday and Saturday nights. The City Council approved Carbone's liquor license to allow their outdoor patio on July 2, 2012. The patio is located on the east end of their tenant space, is enclosed by a solid wall on the south side facing the adjacent residential neighborhood, and is covered by a roof over the southerly portion. Community and Economic Development staff is not aware of any complaints from the adjacent neighborhood since the Carbone's outdoor patio has been in operation. Babe's Bar and Grill also has an outdoor patio located within 150 feet of a residential district and has the same hours of operation restrictions. The City Code requirements for outdoor patios that serve alcohol is not specific with respect to the commercial zoning district in which the bar or restaurant is located. As such, unless the City Code is amended to create separate hours of operation for each of the City's commercial zoning districts, any changes to the outdoor patio hours of operation for Carbone's would apply to Babe's as well. Paster Enterprises and Carbone's representatives will present their request to the City Council at the April 28th at the work session. Attachments: • April 16, 2014 letter from Paster Enterprises • Chapter 3-1-8-12 of the City Code • Carbone's patio plans 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 fighting and noise levels; and suitability of ingress and egress arrangements inoluding control of persons entering and leaving for purposes of prevenfing consunVtion 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) Olson, David From: beth.kranz@thomsonreuters.com Sent: Friday, May 30,2014 11:30 AM To: Olson, David Subject: FW: City Ordinance Amendment Discussion- June 2nd Mr. Olson, Thank you for informing property owners about the proposed ordinance extending food and drink service on outdoor patios by one hour. Our house is directly behind Carbone's Restaurant, and I would like to express my opposition to the proposed amendment. Currently, the sound from Carbone's, their live music and their customers regularly carries and is easily heard by us. I am concerned about the additional noise, especially as my family and I are trying to sleep. Question- Has there ever been any thought put into building a retaining wall that would separate the residential and business area by Carbone's? This might help contain the noise in the business area, as the sound would bounce back from the wall. Please consider my family's opposition to this amendment as the City Council reviews the existing request. Thank you, Clint and Beth Kranz May 30, 2014 Lakeville City Hall Attn: Mayor Matt Little and City Council Members 20195 Holyoke Ave. Lakeville, MN 55044 Re: Babe's Spoils Bar and Grill Outdoor Patio and Music To the Mayor and Council Members of the City of Lakeville, MN: I write this letter to express my concern for the residents in the neighborhoods in close proximity to Babe's Sports Bar and Grill. I was in the area of Babe's Sport Bar and Grill around 5:00 p.m. yesterday, May 29, and there was a singer performing and the sound could be heard several blocks away. I would be very upset if I was a neighbor of Babe's and had to listen to that on a regular basis. As it is, I live approximately one mile away and during Pan-O-Prog we can hear the music all the way to our home. Being that Pan-O-Prog is a special occasion, I don't have a problem with that, but I would not want to hear the music and activity from Babe's on a regular basis throughout the summer and the neighbors near Babe's should not have to either. It is very upsetting to me that the City of Lakeville would allow the peace and quiet of the people living in close proximity to Babe's to be disrupted on a regular basis. I feel that Babe's should keep their business indoors. Very truly yours, O,AZ Q-&Csj/z# , Deb Bloemke 20620 Iteri Ave. Lakeville, MN 55044 From: Colleene Ortner <cmortnerAfrontier.com> Date: May 29, 2014 at 11:23:33 AM CDT To: <m1itt1e(a)1akevi11emn.gov>, <dandersonAlakevillemn.gov>, <bdavis(&1akevi11emn.gov>, <c1abeauA1akevi11emn.gov>, <ksweckerna,lakevillemn.gov>, <jlong(dJakeville.gov>, <akuennenA1akevi11e.gov>, <crosiva1A1akevi11emn.gov> Cc: <laura.adelmannAecm-inc.com> Subject: I STRONGLY OPPOSE ANY OUTDOOR EXPANSION OF BABE'S!!! To the above parties; I OPPOSE BABE'S OUTDOOR EXPANSION of hours or any other type of outdoor expansion. I also feel something this important to so many should have a formal notice given to all the affected property owners before a decision is made. THIS IS A SENIOR AREA. The ages range from the upper 60's to 85. There are no school age children except for one residence that has 4 generations living there at this time. Almost all have lived in their home for 15 to 45 years. I have lived in mine for 42 years, and intend to stay living here. My neighbor has lived here 45 years. Babe's is surrounded by a LONG TIME residential area. (They knew that when they made the purchase.) We owned the Carpet Gallery in GEPHART'S MALL. So we are aware of business challenges. However many of the downtown business people lived in the downtown area and were respective of the residents feelings. Now, downtown is owned by people who choose to live in another area and make their money from the downtown. I feel that we downtown property owners no longer have a representation in Lakeville. Would these same business owners want to put up with what we do during Pan O Prog? I've even had to take my car and show strangers how you have to go east and south to be able to go north during Pan O Prog. I think that the City and the Downtown Residents have been most generous to BABE'S, and think it's time for Babe's to show some consideration of the people who live in the area. MY BACKYARD is around 200' from the outer area that Babe's expanded to last year. We certainly hear the outside customer's loud talk, which believe infringe on my home owner rights. I assume you are aware that Babe's had a professional singer outside with electronic speakers last year. In nice weather, we would like to be able to have our windows open to save energy (and money). Our area HAS BEEN a very safe area, and we would like it to stay that way. We must not know the correct place to complain (Apparently it is not Babe's). The paper said there were no complaints. More than I, have complained and apparently our complaints must be made other than where we made them. I, as well as others, am making our feelings known to many different people in hopes that the right people hear from us. Laura—Your article was the first we knew about the expansion Mayor and City Council Members ---I Understand this is coming up for discussion at the meeting & we are sure you care how we feel. Police Chief ---This has been a safe area for many years and we want to keep it this way Allyn ---Please let all the planners see this email, I only have your email address Chris ---We want you to know where we stand on the issue, The Edmonds' & my yards are in a straight line to Holt from Babe's. We do not have a fence dividing our lots. If the expansion isn't allowed, we won't have to call on you to inspect the outhouse for Babe's that we would have to put up in our yards. It seems their customers like to cut through our yards and NOT OBSERVE THE ODD EVEN WATERING RULES. We did come up with an idea that we think would solve this problem. WOULD WE NEED A PERMIT TO PUT AN ELECTRIC WIRE AROUND OUR TREES AND BUSHES? Colleene Ortner Lakeville City Council Members C.o. Steve Mielke, City Administrator 27 May 2014 RE: Babe's Proposed Patio Expansion Hearing Tuesday, June 3 Ladies and Gentlemen, I was distressed to learn of Babe's plans and the city permit process to approve them. I am sharing this information with my neighbors who have expressed frustration and harm to their enjoyment of their properties ever since the Patio was built. POINTS FOR YOU TO CONSIDER 1. Please separate Babe's application from Carbon's Pizza. Carbon's has made an effort to fit into their environment, which was mostly tailor-made for an outdoor patio, and Babe's has made no such effort. There is no reason that Babe's should get approval from the council based on good will created by Carbone 's. 2. None of my neighbors on Holt has received a notice of this change. It feels like the city is promoting downtown business at our expense. 3. Under no conditions should amplified performers, live or over speakers piped from inside, be allowed on the Patio. From the rear bedrooms of our homes on Holt we can hear every word, and even the music inside of the establishment. 4. Just because Babe's cannot serve after the closing time does not mean the `party is over'. Patrons stay on for well over an hour and continue their boisterous conversations. 5. The East wall of Babe's (next to the Patio) is solid masonry from earlier times, and perfectly amplifies and projects sound into the neighborhood hitting the homes on Holt Ave. The sound is also bouncing of the Post Office Building. 6. The noise of alcohol induced loud conversation is not always quarrelsome or abusive. The point is that it is `noise pollution' and it is intrusive to the neighborhood (However, the use of the `F' word is unbelievably frequent, starting about 7:OOPM). We do not live in downtown Minneapolis. 7. Passage of this expansion would show extreme disrespect for the citizens living in the downtown area. Thanks fof vaur consideration. gary@archdirect.com Lakeville, MN 55044 cell phone (612) 327-6725 May 29, 2014 Lakeville City Hall Attn: Mayor Matt Little 20195 Holyoke Ave. Lakeville, MN 55044 Lakeville City Hall Attn: Colleen LaBeau 20195 Holyoke Ave. Lakeville, MN 55044 PAM AND GLENN NORD 20655 Holt Avenue Lakeville, MN 55044 Lakeville City Hall Attn: Doug Anderson 20195 Holyoke Ave. Lakeville, MN 55044 Lakeville City Hall Attn: Kerrin Swecker 20195 Holyoke Ave. Lakeville, MN 55044 To the Mayor and City Council Members: Lakeville City Hall Attn: Bart Davis 20195 Holyoke Ave. Lakeville, MN 55044 Our neighborhood (to the East, West, and North of Babes Restaurant) is "touchy" in that residential homes abut directly to businesses (as opposed to more carefully planned neighborhoods where there is a buffer area separating the two). Because of this close proximity we attempt to work with each other and to respect the rights of "each side." In past years, Babes has been allowed to expand Northward Into the family residential area but has at least had to confine its business to indoors. Now Babes is requesting approval to venture outdoors and to, in effect, conduct a party atmosphere adjacent to residential homes. There clearly will be increased and steady sounds and lights, and, parking is being pushed out. Last fall there was an amplified singer. (Do you want to hear your neighbor's style of music let alone the sheer interruption it creates?) Good planning requires that a business (or property owner) not be allowed to gain an advantage at someone else's expense. That is what will occur here if Babes is allowed to expand outdoors. Specifically, the abutting residential neighbors will pay the price. The alcoholic industry is carefully regulated for many reasons, but here, where there is no buffer, Babes should be kept indoors. Very truly yours, /04 7'� Pam and Glenn Nord MARK EMOND P.O. Box 1136 Lakeville, MN 55044 May 27, 2014 Lakeville City Hall Attn: Mayor Matt Little and City Council Members 20195 Holyoke Ave. Lakeville, MN 55044 Dear Mayor Little and Council Members of Lakeville: This correspondence is forwarded to express concerns over Babe's Restaurant and Bar expanding its operation to outdoors on Holyoke Avenue in Downtown Lakeville. Babes is in the liquor industry which is highly regulated for obvious reasons. Babes is surrounded on three sides by residential homes. Our home is one of these at 20670 Holyoke Avenue located directly across from the outside area that Babes in now operating. Babes utilized an amplified singer to entertain its outdoor customers last fall and the singer could most definitely be heard for at least 2 blocks away. We object. What would the City say if a residential home had amplified teenage parties conducted on a regular basis. The extension of the eating area to the outside of the building constitutes an expansion of the present business. Does Babes have the required parking to fulfill its requirements with the new "larger" facility? Many customers are reasonably quiet but in this type of business there will always be some who get loud and louder as the evening drags on. The doors are opened more often letting the music and entertainment noises leak out. A better procedure is to confine these drinking and eating activities to inside. Please do not allow this expansion. Very truly yo, A Mark Emondi:2Q May 27, 2014 Lakeville City Hall Attn: Mayor Matt Little and City Council Members 20195 Holyoke Ave. Lakeville, MN 55044 Dear Mayor Little and Council Members of Lakeville: This correspondence is forwarded to express concerns over Babe's Restaurant and Bar expanding its operation to outdoors on Holyoke Avenue in Downtown Lakeville. Babes is in the liquor industry which is highly regulated for obvious reasons. Babes is surrounded on three sides by residential homes. Our home is one of these at 20670 Holyoke Avenue located directly across from the outside area that Babes in now operating. Babes utilized an amplified singer to entertain its outdoor customers last fall and the singer could most definitely be heard for at least 2 blocks away. We object. What would the City say if a residential home had amplified teenage parties conducted on a regular basis. The extension of the eating area to the outside of the building constitutes an expansion of the present business. Does Babes have the required parking to fulfill its requirements with the new "larger" facility? Many customers are reasonably quiet but in this type of business there will always be some who get loud\ and louder as the evening drags on. The doors are opened more often letting the music and entertainment noises leak out. A better procedure is to confine these drinking and eating activities to inside. Please do not allow this expansion. Very truly yours, 44�� &4 ( 70 Noiyok 5� 8a" a 40 LA4, �S dkrt ci (� 4Lc Coss s-1 re t '� ova �� i �.S � S�.d � '�l'c�►`'�- �� -J-etM e- r,e- hv. a.;k lk�:>A4 La j, Ole circ 16vN'A oJidw Vis eK �>o^s t ow.. May 27, 2014 Lakeville City Hall Attn: Mayor Matt Little and City Council Members 20195 Holyoke Ave. Lakeville, MN 55044 Dear Mayor Little and Council Members of Lakeville: This correspondence is forwarded to express concerns over Babe's Restaurant and Bar expanding its operation to outdoors on Holyoke Avenue in Downtown Lakeville. Babes is in the liquor industry which is highly regulated for obvious reasons. Babes is surrounded on three sides by residential homes. Our home is one of these at 20670 Holyoke Avenue located directly across from the outside area that Babes in now operating. Babes utilized an amplified singer to entertain its outdoor customers last fall and the singer could most definitely be heard for at least 2 blocks away. We object. What would the City say if a residential home had amplified teenage parties conducted on a regular basis. The extension of the eating area to the outside of the building constitutes an expansion of the present business. Does Babes have the required parking to fulfill its requirements with the new "larger" facility? Many customers are reasonably quiet but in this type of business there will always be some who get loud, and louder as the evening drags on. The doors are opened more often letting the music and entertainment noises leak out. A better procedure is to confine these drinking and eating activities to inside. Please do not allow this expansion. Very truly yours, J" 4 � � �A, Wotit'fin A-- NAL.. a -d � {b S P ?(P,XSt &,,-v cj�� --kjs -----Original Message ----- From: Mike Emond [mailto:sandmaninc@intepra.net l Sent: Friday, May 30, 2014 9:33 AM To: WEB Councilinfo Email Subject: Babes hours Council members, I was just notified that you were thinking of extending Babes music hours to 11PM. How about keeping it the same or even backing it up to 9PM? The outdoor eating/drinking area has caused an increase in noise also and thats bad enough. We are the property owners across the street at 20670 Holyoke. The noise has gotten steadily worse the last few years with Pan -O -Prop bringing its own problems. I am not against POP at all, in fact our families enjoy many of the festivities. The problem we have is, late at night people urinating in our yard and our neighbors yards as well. There have been times when we have had people in our back yard doing creative "things". The city would not allow me to work on my own equipment (making any noise) until 11PM on a regular basis or even start equipment and let it idle so why would you even consider this? My mother-in-law lives at 20485 Howland Ave. for 50 years and can hear the Babes music as well and is wondering if she will be able to go to sleep with her windows open. So I am against extending Babes music and/or outdoor hours, please say no. Thank you Mike Emond 612-221-3157