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HomeMy WebLinkAboutItem 03.cnta:NAMI:Ue Memorandum City of Lakeville Planning Department To: Mayor and City Council From: Daryl Morey, Planning DirectorrA Copy: Dave Olson, Community and Economic Development Director Date: April 24, 2015 Subject: April 27, 2015 City Council Work Session - Patio Hours of Operation Background The issue of outdoor patio hours of operation has been discussed by the City Council at meetings and work session several times over the past 12 months, with the most recent being at the April 6th meeting during discussion of the Heavy Metal Grill liquor license. At the April 6th meeting, the City Council stated they would like to re -visit the outdoor patio hours of operation in the downtown C -CBD zoning district. On November 3, 2014 the City Council approved an amendment to Chapter 3-1-8-14.C.7 of the City Code that extended the hours of operation for businesses with outdoor patios located within 150 feet of a residential district in the C-1, C-2, and C-3 districts to 11:00 p.m. on Sunday through Thursday nights and until midnight on Friday and Saturday nights. This amendment was approved in response to a request by Carbone's Bar and Grill for extended patio hours of operation. In the O -R and C -CBD districts, the hours of operation for businesses with outdoor patios located within 150 feet of a residential district remained at 10:00 p.m. seven days a week, which is the hours of operation approved when this section of the City Code was originally established in 2008. In the downtown C -CBD district, Babe's Sports Bar has an outdoor patio located within 150 feet of a residential district. In addition, Heavy Metal Grill and Angry Inch Brewing Company are proposing outdoor patios that will be located within 150 feet of a residential use (the Main Street Manor senior housing building). The following are options for discussion at the April 27th work session: • Keep the outdoor patio hours the same (7:00 a.m. -10:00 p.m.) for businesses located in the C -CBD and 0-R districts and within 150 feet of a residential use. • Extend the outdoor patio hours for businesses in the C -CBD and O -R commercial districts that are within 150 feet of a residential use to 11:00 p.m. on Sunday through Thursday nights and until midnight on Friday and Saturday nights to match the hours of operation allowed in the C-1, C-2 and C-3 districts. • Extend the outdoor patio hours for businesses in the C -CBD and O -R commercial districts that are within 150 feet of a residential use to either 11:00 p.m. or midnight only on Friday and Saturday nights. If a change to the current hours of operation is recommended by the City Council for outdoor patios in the C -CBD district that are located within 150 feet of a residential use, staff recommends that the residential property owners within 150 feet be notified of the proposed change and be provided an opportunity to comment. Attachments: • April 6, 2015 City Council meeting minutes • November 3, 2014 City Council meeting minutes City Council Meeting Minutes, April 6, 2015 Page 3 w. Resolution No. 15-40 approving the final plat of Kenwood Hills x. Agreement with WSB for 2015 zoning enforcement services y. Table consideration of a Professional Services Agreement with SPC Marketing for digital marketing at the Arts Center z. Community Development Block Grant budget amendment for the 210th Street sidewalk project Voice vote was taken on the motion. Ayes - unanimous 40=107. Public Hearing -Heavy Metal Grill Wine and 3.2% Malt Liquor License Mayor Little opened the public hearing on the application of Heavy Metal Grill LLC for an on - sale wine and 3.2% malt liquor license at 20851 Holyoke Avenue. The applicant, Martin Richie, requested approval of the on -sale wine and 3.2% malt liquor license for Heavy Metal Grill, a new restaurant he plans to open in downtown Lakeville. Chief Long presented the Police Department's investigative summary and recommended approval of the licenses as requested. There were no public comments. Motion was made by Anderson, seconded by Swecker to close the public hearing. Voice vote was taken on the motion. Ayes - unanimous Council Members questioned the current regulations related to outdoor patio hours. Under the current ordinance, there is no limitation on patio hours for patios that are located more than 150 feet from a residential district. Patios located in the C -CBD District that are within 150 feet of a residential district are restricted to the hours of 7:00 a.m. to 10:00 p.m. It was explained that Main Street Manor, which is located across the street from the proposed Heavy Metal Grill and within 150 feet of the proposed patio, has a mixed use containing both residential and commercial. It is currently zoned PUD, not residential. Council members expressed a desire to maintain consistency for downtown businesses with respect to patios and their proximity to residential homes, which they stated was their intent when the patio hours were amended last year. Mr. Morey stated this can be accomplished by changing the term "District" in the ordinance to the term "use". If the Council so chooses, an ordinance amendment could be placed on the next City Council meeting agenda. City Council Meeting Minutes, April 6, 2015 Page 4 Mayor Little stated he is hesitant to change the ordinance, given that the applicant signed a lease for this property under certain assumptions. He felt the Council should proceed with this application under the current ordinance; and an overall discussion with respect to uniformity downtown should take place at a later date. The City Attorney recommended the City Council either grant approval of the liquor licenses and patio as presented, based on the current ordinance, or table the patio portion until after the Council adopts an ordinance amendment as suggested by Mr. Morey. He pointed out that changing the term "District" to "use" in the ordinance will restrict the patio hours at Heavy Metal Grill. Motion was made by Anderson, seconded by Swecker to grant an on -sale wine and 3.2% malt liquor license to Heavy Metal Grill, 20851 Holyoke Avenue, and to allow the sale and consumption of alcoholic beverages on an outdoor patio until 10 p.m. (consistent with the C - CBD District), subject to receipt of a certificate of liquor liability insurance. Roll call was taken on the motion. Ayes - Davis, Little, Swecker, Anderson, LaBeau 8. Public Hearing - Delinquent Utilities and Street Light Charges Mayor Little opened the public hearing on the certification of delinquent utilities and assessment of delinquent street light charges. Interim Finance Director Julie Werner presented the list of accounts proposed to be certified. The total amount delinquent is $2,055.92. In addition, the City collects a $35 service charge to cover the cost of certification and 18% interest. Therefore, the total amount proposed to be certified or assessed is $4,170.46. Ms. Werner explained that this certification/assessment contains only those delinquent utility accounts that have had a change in ownership. All remaining accounts will be certified or assessed in October. There were no public comments. Motion was made by Swecker, seconded by Anderson to close the public hearing. Voice vote was taken on the motion. Ayes - unanimous Motion was made by Davis, seconded by Swecker to approve Resolution No. 15-41 certifying unpaid water, sanitary sewer and storm sewer charges to the County Treasurer/Auditor to be collected with other taxes on said property and assessing unpaid street light charges. Roll call was taken on the motion. Ayes - Little, Swecker, Anderson, LaBeau, Davis City Council Meeting Minutes, November 3, 2014 Page 3 from south to north following completion of the fourth and final phase of the adjacent Summerlyn development to the south. While grading of Summerlyn Northwest may commence in early 2015, streets, utilities and home construction might not occur until 2016 or later. Because of this development timeframe, Lennar is requesting that the Summerlyn Northwest preliminary plat approval be valid for two years instead of one. Mr. Morey stated the intersection of 190' Street and Dodd Boulevard will remain closed until completion of the Dodd Boulevard improvements. In the interim, traffic from Summerlyn Northwest will be directed to 190 ' Street, 1941 Street and Holyoke Avenue. Mr. Petree outlined the efforts being made by the City and County to reduce traffic on Dodd Boulevard. In addition to the closure of eastbound 190` Street, the City and County have worked with the Century Ridge townhome development on the interim closure of Inca Avenue, which is north of the Dodd and 190d' intersection, until Dodd Boulevard is reconstructed. The City and ISD 194 are also considering options to reduce traffic onto Dodd Boulevard from the Lakeville North High School property. Motion was made by Anderson, seconded by Davis to approve the Summerlyn Northwest preliminary plat and grant a one year extension for development of the preliminary plat. Roll call was taken on the motion. Ayes - Little, Swecker, Anderson, LaBeau, Davis 8. Ordinance Concerning Outdoor Patios Mr. Morey presented an ordinance amendment that would allow extended outdoor patio hours for businesses licensed to serve alcoholic beverages in the C-1, C-2 and C-3 zoning districts. The amendment allows outdoor patios that are located within 150 feet of a residential property to remain open until 11 p.m. on Sunday through Thursday and until midnight on Friday and Saturday. The amendment only applies to businesses located within the C-1, C-2 and C-3 zoning districts, which includes Carbone's Pizza Bar & Grill. Licensed establishments with outdoor patios in the O -R and C -CBD districts must continue to follow the current ordinance guidelines. Mark Streefland, General Manager of Babe's Sportsbar & Grill, voiced opposition to the proposed amendment, which excludes his business from the extended patio hours. Several downtown residents spoke in favor of, or against, extending the outdoor patio hours for Babe's. Some residents cited noise issues from the establishment, while others indicated that noise has not been a problem. City Council Meeting Minutes, November 3, 2014 Page 4 Mayor Little stated he supports extending the patio hours for downtown businesses, as he feels that all licensed establishments should be treated equally, regardless of their location. However, he stated the City's noise ordinance must be strictly enforced. Council Member Swecker agreed that that all businesses should be treated the same, and the extended hours should apply to all licensed establishments. Motion was made by Anderson, seconded by LaBeau to adopt Ordinance No. 926 amending Title 3, Chapter 1 of the Lakeville City Code concerning alcoholic beverages (outdoor patios) in the C-1, C-2 and C-3 districts, as recommended. Roll call was taken on the motion. Ayes - Swecker, Anderson, LaBeau, Davis, Little Motion was made by Swecker, seconded by Little to call for a public hearing to consider an amendment to Title 3, Chapter 1 of the Lakeville City Code related to outdoor patios in the C -CBD District. Council member Anderson stated he could not support a single issue motion. He stressed the importance of enhancing the vitality of downtown and felt that the future of downtown should be considered on a broader basis. Council Member LaBeau expressed support for all downtown businesses. However, given the proximity of the homes to the patio at Babe's, she urged the general manager of Babe's to come up with solutions that could be supported by the adjacent neighborhoods. Council Member Davis stated he would support a broader conversation regarding the future of downtown. With respect to the Babe's patio issue, he felt that both parties need to be open minded and willing to compromise. Roll call was taken on the motion. Ayes - Little, Swecker; Nays, Anderson, LaBeau, Davis The motion failed. 9. Employee Health and Dental Insurance/Letter of Agreement with HealthPartners Human Resources Manager Cindi Joosten presented a resolution setting employee health and dental insurance rates for 2015. Staff worked with the City's brokers at National Financial Partners to seek new insurance bids for 2015 and beyond. The lowest bid came from HealthPartners for both health and dental and provides a 7.4% increase to health insurance for 2015 and a not -to -exceed rate cap of 9% for 2016. HealthPartners is also