HomeMy WebLinkAboutItem 03Memorandum
City of Lakeville
Planning Department
To: Mayor and City Council
From: Daryl Morey, Planning Director
Copy: Dave Olson, Community and Economic Development Director
Date: October 10, 2014
Subject: October 14, 2014 City Council Work Session - Patio Ordinance Update
Background
On April 16, 2014 Paster Enterprises, owner of the Lakeville Crossing multi -tenant retail center
located west of Cedar Avenue (CSAH 23) and south of 160th Street (CSAH 46), submitted a
letter to the City requesting extended outdoor patio hours for Carbone's Bar and Grill. The
City Council discussed this request at their April 281h and May 12th work sessions. The
discussion also included extended outdoor patio hours for Babe's Sports Bar. The City Council
directed staff to place an amendment to the City Code to allow extended outdoor patio hours
on the June 2nd regular City Council meeting and to notify residents located within 150 feet of
both Carbone's and Babe's of the proposed City Code amendment.
At the June 2nd City Council meeting, four neighboring residents of Babe's Sports Bar and
three neighboring residents of Carbone's Bar and Grill spoke against the proposed City Code
amendment extending the outdoor patio hours. The City Council tabled action on the
proposed amendment. Separate meetings were held later in June with the neighbors of both
Babe's and Carbone's to further discuss their concerns. The Mayor, City staff, and the
respective business owners were present at these two meetings.
The concerns raised by the Carbone's neighbors differ from the concerns raised by the Babe's
neighbors. This is understandable given the nature of downtown Lakeville, with smaller lots
sizes and reduced building and parking setbacks, and with the single family homes that are in
close proximity to Babe's on three sides. While some Councilmembers have expressed a
desire to treat all businesses with outdoor patios equally, given the history and development
pattern of downtown Lakeville and given the difference in ordinance requirements between
the C -CBD District (Babe's) and the C-3 District (Carbone's), I suggest any amendment to the
City Code for outdoor patio hours differentiate between the C-3 and C -CBD districts. Outdoor
patios for the businesses within each respective district would still be treated equally.
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 currently 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 requested the City Code be amended
so their patio can serve alcohol and food until 11:00 p.m. Sunday through Thursday nights
and until midnight on Friday and Saturday nights.
Based upon the City Council discussion at the April 28th and May 121h work sessions and the
June 2"d regular meeting, and the comments provided by neighboring residents, I have
prepared a redlined amendment to the City Code that:
• Keeps the outdoor patio hours the same (7:00 A.M. -10:00 P.M.) for businesses in the
C -CBD and O -R commercial districts.
• Extends the outdoor patio hours from 10:00 P.M. to 11:00 P.M. on Sunday through
Thursday and from 10:00 P.M. to Midnight on Friday and Saturday for businesses in the
C-1, C-2 and C-3 commercial districts.
• Eliminates the reference to music, as this will be monitored by the nuisance section
(Chapter 4-1-4) of the City Code.
• Changes the wording from a negative (the hours the liquor and food cannot be
served) to a positive (the hours the liquor and food can be served).
Attachments:
• Proposed amendment to Chapter 3-1-8-14.C.7 of the City Code
• June 2, 2014 City Council meeting minutes
May 12, 2014 City Council work session minutes
April 28, 2014 City Council work session minutes
2
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. mei-, -feed, er musie shalnet be served,
dispensed,pessessed, displayed ei furnished en a
paie—leee-ted within ene hundred fifty
11�)e#a rnsidenial disti=ie4.- between the
hears of ten -e—' eleek (!9:09) P.M. and seven
efeleek�:00) A.M. Within the O -R and C -CBD
districts, liquor and food may be served,
dispensed, possessed, displayed, or furnished on
an outdoor patio located within one hundred fifty
feet (1501) of a residential district between the
hours of seven o'clock (7:00) A.M. and ten
o'clock (10:00) P.M. within the C-1, C-2 and C-3
districts, liquor and food may be served,
dispensed, possessed, displayed, or furnished on
an outdoor patio located within one hundred fifty
feet (150') 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
L'"
Charlene Friedges, City Clerk
CITY OF LAKEVILLE
Matt Little, Mayor
2
City Council Meeting Minutes, June 2, 2014
Page 4
point in the future. With regard to the 2021 Street intersection, Dakota County is planning
future improvements to provide a paved turn lane onto Cedar Avenue.
Motion was made by Swecker, seconded by LaBaeu to approve the preliminary plat of Cedar
Landing, along with findings of fact and Ordinance No. 923 rezoning the property from
RM -2 to RST -2
Roll call was taken on the motion. Ayes - Swecker, Anderson, LaBeau, Davis, Little
9. Ordinance Amending Title 3, Chapter 1 of the City Code related to Patios
Mr. Olson presented a proposed ordinance amending Title 3, Chapter 1 of the City Code
concerning alcoholic beverages on a patio. The amendment was requested by the owners of
Carbone's Pizza Bar & Grill and the Lakeville Crossing shopping center. The current
ordinance restricts the use of patios for liquor, food or music to 10 p.m. if it is located within
150 feet of a residential district. The proposed ordinance would extend the use by one hour
on weekdays and by two hours on Friday and Saturday. Notices of the proposed ordinance
amendment were mailed to properties located within 150 feet of the Carbone's patio.
Notices were also mailed to properties located within 150 feet of the patio at Babe's
Sportsbar & Grill in downtown Lakeville. Mr. Olson pointed out that the original 10 p.m.
limitation was drafted with the City's noise ordinance in mind If the hours are extended,
the noise ordinance would still apply, which requires noise levels to be lowered after 10 p.m.
Chief Long stated the Police Department does not have sound measuring devices. If a noise
complaint is filed, officers would first ask the owner to turn it down. If the noise persists
and the officer has to return, a citation will be issued based on the officer's observation.
The City Attorney pointed out that the City Council can revoke a liquor license for
continued violation of City ordinances.
Mayor Little invited comments from the audience on this issue. The following individuals
spoke in opposition to an extension of the patio hours for Babe's Sportsbar & Grill and cited
several instances of noise and disruptive behavior from the establishment:
• Kollette Lattu, 8675 Upper 20601 Street
• Glen Nord, 20655 Holt Avenue
• Gary Turpening, 20670 Holt Avenue
• Colleen Ortner, 20665 Holt Avenue
City Council Meeting Minutes, June 2, 2014 Page 5
The following individuals spoke in opposition to the extension of the patio hours for
Carbone's Pizza Bar & Grill due to noise from the establishment:
• Beth Kranz, 16189 Godson Circle
• Ella Selyukov,16179 Godson Circle
• Paul Roehl, 16182 Godson Circle
Ken Henk of Paster Enterprises spoke on behalf of their tenant, Carbone's Pizza. He
explained that the patio was designed to contain any noise and light and to prevent it from
disturbing the residential area south of the shopping center. He stated the restaurant is not
able to sit any tables for food service on the patio past 9:15 or 9:30 with the 10:00 closing
restriction. He pointed out that the complaints expressed tonight by the neighboring
residents are not directly related to the patio, and his tenants will do a better job of
controlling the noise from their business.
In response to comments regarding the process for amending an ordinance, Mr. Olson
explained that, unlike zoning and subdivision ordinances, public hearings are not required
for amendments to the liquor ordinance.
Council Member Swecker stated that, while there is a difference between the commercial
development surrounding Carbone's and the residential development surrounding Babe's,
she feels the rules should be uniformly applied to all businesses.
Mark Streefland, General Manager of Babe's, stated his patio speakers are turned off at 8:00
p.m. He stated he is making every possible effort to control noise and other disruptive
behavior inside and outside of his establishment.
Council Member Anderson stated he does not support moving forward with this ordinance
at this time. He feels that the Carbone's patio, from a physical structure and appearance
standpoint, is much different than Babe's, and he would like to see the ordinance
differentiate between the two. He stated he would like to see the ordinance address
softening the sound from patios to minimize disruption to the neighborhoods.
Council Member Davis stated he would not want to create special incentives or benefits to
one particular business over the other. He requested continuing this matter to allow
additional time to find a compromise or a mechanism to develop a solution.
City Council Meeting Minutes, June 2, 2014
Page 6
Mayor Little encouraged the residents and businesses to discuss with one another the
problems that currently exist and attempt to arrive at a solution that would be acceptable to
all parties.
Council Member LaBeau questioned whether the behavior that was noted by the residents
related to noise and disruptive behavior from these establishments, some of which is
happening in the late night or early morning hours, is directly related to food being served
on the patio.
Mr. Mielke suggested possibly developing performance standards and challenging the
business owner to demonstrate how they will meet these performance standards, which
would be applied to all businesses equally regardless of the specific circumstances.
Council Member Swecker felt the neighborhood complaints and the patio hours are two
separate issues and should be addressed separately. She supported the proposed ordinance.
Motion was made by Davis, seconded by LaBeau to table indefinitely an ordinance
amending Title 3, Chapter 1 of the Lakeville City Code concerning alcoholic beverages to
allow for a more amenable agreement between both sides to be reached.
Anderson stated he does not support a compromise.
Roll call was taken on the motion. Ayes - LaBeau, Davis, Little
Nays - Anderson, Swecker
10. Traffic Control Signals on Ipava Avenue at 175" Street and 165"' Street
Public Works Director Chris Petree presented a proposal from Short Elliott Hendrickson
(SEH) for traffic control signals on Ipava Avenue at 175" Street and 165'' Street. Ipava
Avenue is likely to be used as an alternate route during the CSAH 50/60 closure conditions.
Traffic mitigation improvements, as recommended by the recently conducted traffic
diversion study, include temporary traffic signals at 165" Street and 175t` Street. The
existing intersection layout is designed for an efficient transition to a permanent signal at
175" Street. The SEH proposal includes a detailed evaluation of the 165" Street intersection
to determine whether a permanent traffic signal or a roundabout is a more viable, cost-
effective long-term improvement. Construction of the signals is proposed to begin in the
fall of this year. The signals would be operational in the spring of 2015, just prior to the
CSAH 50/60 closure.
CITY OF LAKEVILLE
CITY COUNCIL WORK SESSION MINUTES
May 12, 2014
Mayor Little called the meeting to order at 6:15 p.m. in the Marion Conference Room at City
Hall.
Members Present: Council Members Swecker, LaBeau, Anderson, and Davis, and Mayor Little
2. Interview for Planning Commission vacancy
City Council interviewed Patrick Kaluza for a position on the Planning Commission
Staff Present: Steve Mielke, City Administrator, Dave Olson, Community and Economic
Development Director, Brett Altergott, Parks and Recreation Director, Allyn Kuennen,
Administrative Services Manager; Dennis Feller, Finance Director, Chris Petree, Public Works
Director, Julie Werner, Senior Accountant; and Judi Hawkins, Deputy City Clerk
3. Citizen Comments
There were no citizen comments.
4. Outdoor Patio Ordinance Proposed Revision
Dave Olson provided an overview of the proposed changes to the outdoor patio ordinance which
would allow patios located within 150 feet of a residential district to serve alcohol and food until
11 p.m. Sunday through Thursday nights and until 12 a.m, on Friday and Saturday nights. The
City Council previously discussed this item at their April 28 work session and directed staff to
draft an ordinance amendment which would allow extended patio hours and return it to Council
for review. The current ordinance allows food and alcohol sales until 10 p.m. on all nights. The
City's adopted noise ordinance allows 65 decibels before 10 p.m. and 55 decibels after 10 p.m.
Enforcement by the police is typically on a complaint basis. Olson stated that the City does not
own equipment to measure noise so it is difficult for the City to enforce the ordinance. Currently
the 150 -foot guideline is only relevant to Carbon's and Babe's. Babe's has also requested an
extension of their patio hours that would coincide with their closing time, which is 2 a.m.
Council Member Swecker supports the proposed new language without further restrictions,
especially since there have not been any complaints. She has concerns about serving liquor until
2:00 a.m. which could encourage higher volume. She believes the businesses have been good
neighbors and will continue to monitor the noise.
City Council Work Session
May 12, 2014
Page -2-
Council Member LaBeau wants to make sure the owners have a clear understanding of any
possible consequences and to insure that feedback from neighbors is legitimate.
Council Member Anderson questioned whether the ordinance should address live music which
might create complaint situations or conflict with the ordinance. Mayor Little stated that the
main patio issue is the sale of food and alcohol and not the music. Mr. Olson stated that if
council chose, the ordinance could reflect no music or amplified sound after 10 p.m. while still
allowing patrons to be served until 11 or 12. The existing noise ordinance which regulates music
and TVs, can be referenced in the patio ordinance. Anderson suggested the word "sound"
replace the word "music". Mayor Little noted that as it gets closer to closing time sometimes
people get more boisterous. He would like to maintain a balance of consideration to the business
owners and the residents.
Council directed staff to place this item on the June 2 agenda and to notify residents within 150
feet of the establishments about the proposed ordinance amendment in order to allow them time
to comment.
5. Proposed Purchase of Property from George Warweg
George Warweg recently approached the City and expressed an interest in selling 5.75 acres of
land near Antlers Park, including two existing houses, at a price of $675,000. Mielke stated
Antlers Park is heavily used and becomes very crowded in the summer. Parking is inadequate for
the number of people who picnic and swim at the park and beach. Lakeview Elementary is the
designated overflow parking, however park patrons also park on local streets near the park. Mr.
Mielke provided some background and stated that the City has been interested in acquiring
property near the park for many years. Additional property would allow expansion of the park
and parking capacity.
Mr. Warweg might also be interested in selling a wetland parcel to the City at a future date. He is
asking that deferred seal coat assessments in the amount of $1,236 be waived or paid for by the
City. There are also three years of back Green Acres taxes which would be payable as a result of
the property currently being removed from green acres. Mr. Warweg would like to continue
living in his current home on the property as a rental from the City and would like the City to
allow the current renter in the other house to stay there also. These rentals fees would offset the
cost of taxes and maintenance. Mr. Warweg would prefer to have the option to close the sale
after January 1, 2015. As part of the purchase contract the remaining parcels would be platted
and wetlands dedicated by Mr. Warweg which would clean up property lines. In addition, old
right of ways would be vacated by the City in exchange for a new right of way being dedicated
which would create an opportunity for a roadway connection from Italy Ave. to Itasca Ave., if or
when Council chooses.
CITY OF LAKEVILLE
CITY COUNCIL WORK SESSION MINUTES
April 28, 2014
Mayor Little called the meeting to order at 6 p.m. in the Marion Conference Room at City Hall.
Members Present: Council Members Swecker, LaBeau, Anderson, and Davis, and Mayor Little
2. Interview advisory board applicants
The following advisory committee applicants were interviewed:
• Owen Gohlke, for Finance Committee
• Lynn Krejci, for Arts Center Board
Council directed staff to place the appointments on the next Council agenda.
3. Citizen Comments
There were no citizen comments.
4. Closed attorney client meeting with the City Attorney to discuss litigation strategy relating to
a pending class action lawsuit captioned, "City of Richmond on behalf of itself and all
similarly situated entities versus Delphi Automotive, LLP, et al."
Council closed the work session to discuss pending litigation.
Also present: City Administrator Steve Mielke, City Attorney Tom Scott
Mayor Little reopened the meeting at 7:00 p.m.
Additional Staff Present: Dave Olson, Community and Economic Development Director, Brett
Altergott, Parks and Recreation Director; John Hennen, Parks Supervisor; Allyn Kuennen,
Administrative Services Manager; Brenda Visnovec, Liquor Operations Director, and Judi
Hawkins, Deputy City Clerk
S. Request to amend Liquor Ordinance re: Outdoor Patio Hours
Dave Olson presented a request from Carbone's Bar and Grill to amend the City Code regarding
hours of operation for serving alcohol and food on their adjoining patio. Carbone's Bar and Grill
is located in Lakeville Crossing west of Cedar Avenue and south of 16011 Street in a retail center
owned by Paster Enterprises. In July 2012 Carbon's liquor license was extended to allow sales of
alcohol on their outdoor patio. The City Code currently limits the hours of operation for serving
liquor or food on an outdoor patio to 7:00 a.m. to 10:00 p.m. if the patio is located within 150 feet
of a residential district, which currently only pertains to Carbone's and Babe's. Carbone's is
requesting amendment of the City Code so food and alcohol can be served on their patio until
11:00 p.m. Sunday through Thursday nights and until 12:00 a.m. on Friday and Saturday nights.
Mr. Olson stated that staff is not aware of any complaints from the adjacent neighborhood since
the Carbon's patio has been in operation. Ken Henk, representing Paster Enterprises, stated that
City Council Work Session
April 28, 2014
Page -2-
they are also not aware of any noise complaints. Mr. Henk stated that the patio was constructed
with a solid rear wall and a partial roof in order to minimize noise issues.
Council Member LaBeau would like nearby residents who might be affected by noise to have an
opportunity to comment. Council Member Davis stated that ordinances need to be crafted so
that all businesses are treated equally. Since the ordinance is not specific to zoning districts, any
amendment would affect other patios such as at Babe's and Porter House as well as Carbone's.
Swecker asked about noise amplification during broadcasts of sporting events on the outdoor
TVs. John Wilkus, representing Carbone's, stated that they have also been hosting some live
music on Thursday nights and have not gotten any complaints from either activity. He stated
that they are careful to serve patrons early enough to allow adequate time to consume food or
alcohol prior to 10:00 p.m. when the patio closes. Council Member Anderson asked if there was
any allowance for an exception; he believes it is a different situation than Babe's in that the noise
would be directed back to the commercial area and not to the houses, as it would be in the
downtown. Mr. Mielke stated that any departure from the current rules needs to be dealt with
through an ordinance amendment, which could include a clause regarding direction of noise and
considered on a store by store basis.
Swecker believes that could be unfair to other businesses and the ordinance should be consistent.
She stated that when the ordinance was originally written Council gave the closing time a great
deal of consideration and it seems to be working well. Davis agreed that if the ordinance is
rewritten it should include all patios regardless of their location. LaBeau believes the surrounding
area needs to be considered. A representative from Babe's was present and stated that they
closely monitor patio activity and have not received any complaints.
Mayor Little asked if 11:00 p.m. meets the long-term needs of the business or if another extension
will be requested. Ms. Wilkus stated that 11:00 p.m. is consistent with the hours of Carbon's
kitchen which they do not plan to extend. Little also believes the rules need to be uniform for all
patios. Dave Olson pointed out that currently the hours are different for patios which are 150 feet
or less from residential properties.
Council directed staff to further explore options for extending patio operating hours and the
process for amending the ordinance, including public input, and to place this agenda item on the
May 12 work session or May 19 Council meeting for further discussion.
6. King Park Field Lighting Project
Parks and Recreation Director Brett Altergott introduced Russ McGill, Lakeville Baseball
Association (LBA) Commissioner, and Chuck Ryan, LBA Fields/Facilities Director. Mr. Altergott
stated that the City's existing park system currently consists of 14 baseball fields, none of which