HomeMy WebLinkAboutItem 07May 14, 2015
Lakeville
CITY CODE AMENDMENT
MAY 18, 2015 CITY COUNCIL MEETING
Item No.
Proposed Action
Staff recommends adoption of the following motion: Move to approve an amendment to
Title 3, Chapter 1 of the City Code as presented.
Passage of this motion will extend the Friday and Saturday outdoor patio hours of operation
for businesses that serve alcoholic beverages in the O -R and C -CBD districts and are located
within 150 feet of a residential use from 10:00 P.M. to Midnight.
Overview
At the April 2711 work session, the City Council directed staff to prepare an amendment to the
City Code to extend the outdoor patio hours of operation for businesses that serve alcoholic
beverages in the O -R and C -CBD districts and are located within 150 feet of a residential use
by two hours (until midnight) on Friday and Saturday nights.
In the downtown C -CBD district, Babe's Sports Bar has an outdoor patio located within 150
feet of a residential use. Heavy Metal Grill and Angry Inch Brewing Company are proposing
outdoor patios that will be located within 150 feet of the Main Street Manor senior housing
building. In addition, a proposed brewpub use in the former VFW building could also have an
outdoor patio located within 150 feet of a residential use.
Primary Issue to Consider
• Who was notified of the Council's consideration of the proposed City Code amendment?
Supporting Information
• Staff analysis of primary issue
• Ordinance amending Title 3, Chapter 1 of the City Code (clean and redlined)
• E-mail and letters from concerned residents
•, May,Sth letter to neighboring property owners and mailing list
Daryl MVrey, Planoi4g Director
Financial Impact: $ None Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.): Title 3, Chapter 1 of the City Code
Community Values: Diversified Economic Development
Zoning Ordinance Amendment
May 18, 2015 City Council Meeting
Page 2
Staff Analysis of Primary Issue
• Who was notified of the Council's consideration of the proposed City Code amendment?
At the April 27th work session the City Council directed staff to notify residents within 150
feet of Babe's and the former Ace Hardware and VFW buildings, as well as those residents
that participated in last year's City Council discussion on the downtown outdoor patio
hours of operation, of the proposed City Code amendment. Over 30 neighboring
property owners were mailed notification of the City Council's consideration of the City
Code amendment at their May 18th meeting.
Concerning Main Street Manor, the Dakota County CDA, which owns and operates the
building and senior housing use, posted the letter from the City on the senior housing's
central bulletin board.
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. 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 use between the hours of seven
o'clock (7:00) A.M. and ten o'clock (10:00) 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. 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 use 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 18th day of March
2015.
ATTEST
m
Charlene Friedges, City Clerk
CITY OF LAKEVILLE
m
Matt Little, Mayor
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. Within the u -k 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 (150') of a
residential ist34et-use between the hours of
seven o'clock (7:00) A.M. and ten o'clock (10:00)
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. 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
distTret use 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 18th day of March
2015.
ATTEST
m
Charlene Friedges, City Clerk
CITY OF LAKEVILLE
m
Matt Little, Mayor
Morey, Daryl
From: Colleene Ortner <cmortner@frontier.com>
Sent: Monday, May 11, 2015 8:01 PM
To: WEB CouncilInfo Email
Cc: Miller, Justin; Olson, David; Morey, Daryl; Long, Jeffrey; 'laura adelmann'
Subject: Patio hour extension
Now that my former email got your attention, I will type the body of the email.
Sorry the body of the letter is so late, but my youngest grandchildren had Softball &
Baseball tournaments and Prom, Daughter had a birthday & then Mother's delayed my
sending my opinions.
was very disappointed to see that our city council had made up their mind about the
patio hour changes before they had notified the residents in the neighborhood about
it. Previously Babe's patio was put in without the residents of the neighborhood even
being notified that a patio was being contemplated.
It is my opinion that the reason this happens is because you don't live in the
neighborhood so you do not understand the imposition. Even so, you were elected to
represent the residents, as well as the businesses. Some of you try.
You're having a meeting with the Downtown Businesses Assoc., but not with the
residents. Do you call that representing the community? Most of the Downtown
Business people do not live here either.
Yes, the mayor met with us last year. Did you know that we residents came with all
kinds of ideas that would buffer the noise from Babe's Open Patio & improve the looks
of the outdoor area? Babe's refused to do anything to improve the noise situation.
I also have concerns about the person that openly disobeyed Lakeville laws, even
though he had been told of the rules. What kind of clientele will he have? He
endangered the lives of the people he lived by. There are two Senior Housing
buildings less than a block from the old Ace hardware building. Are you thinking of the
safety of all these seniors from the clientele?
I was at the Active Adults Center. It was voiced, by some, that many of the residents
of the Senior Housing are concerned about their safety. I said that you couldn't help
them unless you were told, by them, of their fears. The reply I got was: They could tell
you but it wouldn't do any good, --look how they treat you who own your own homes.
All police are going through undo stress at this time. I don't think the Lakeville Police
Dept. needs to be given additional problems. You know from Babe's what problems
are caused when there are later hours. It doesn't stop when they leave Babe's. It
carries over into the neighboring areas. People from Babe's patio overflow into other
outdoor areas.
One business person from the Heritage area said she no longer would make their
nightly deposits at the bank due to the groups hanging around outside of Babe's and
making remarks.
I have lived for 42 years in my house in Historic (downtown) Lakeville. Some of the
business that were here when we came but aren't now are grocery, appliance,
clothing, furniture/carpeting/gift etc.
Everyone in the neighborhood tries to keep this an area the Lakeville can be proud
of. My house will be 100 years old next year --I have to have something older than I.
There are 3 or more houses in our block that are over 100 years old & kept in great
shape. (The hail storm last year helped everyone, but me, in getting a new roof or roof
& siding.) I sort of think that one of our neighbors must use her manicure scissors to
keep her yard so perfect.
We also have the house that was the White Funeral Home in our block also possibly
the oldest house in Lakeville. How about helping us keep this historical area
something to be proud of. Houses on 2 sides of Babe's patio are now all rentals,
except one who has a young man caring for it temporarily. We are happy for the new
family that moved on our block. He is an Apple Valley Police.
During Pan O Prog you have seen the problems with Babe's staying open until 12. At
least then the street sweeper comes by early in the A.M. & sweeps up the
debris. However I have to go to church on Sun. morning bleary eyed from lack of
sleep. I don't think I should have to have to do that all summer long, nor do I think
those in the Senior Apartments should have to. Would you want that for anyone in
your family?
We want it known that we aren't against business, or bars that are run
responsibly. The Mainstreet Bar has a patio that is buffered; it closes at 10:00. As far
as I know there haven't been complaints about it. Why can't the others follow their
example? Next year will be worse than this year for the type that like to party
hard. The roundabout construction will keep some of the partiers out this year.
Mayor, you stated that the changes were minor. These are NOT minor changes. My
grandson, who is a Dak. County Deputy Sheriff said you were very studious in high
school. I therefore think you know these are not minor.
(Our family had the Carpet Gallery in the Gephart Mall, so I understand business &
being a resident.
2
Do you realize that there will be 4 places to get an alcoholic drink, but I'm not aware of
one place here to buy a gallon of milk?
If you change the patio hours, I then have a suggestion for the VFW building. Sorry
Chief Long, but you will need to put a police sub station in the VFW building.
Colleene Ortner
I live at 20665 Holt,
My mailing address PO Box 176
Phone 952.469.3100
From: Colleene Ortner [mai Ito: cmortner@frontier.com]
Sent: Friday, May 08, 2015 8:43 AM
To: 'councilinfo@lakevillemn.gov'
Cc: Jmiller@lakevillemn.gov'; dolson@lakevillemn.gov; 'dmorey@lakevillemn.gov'; 'jlong@lakevillemn.gov';
'laura.adelmann@ecm-inc.com'
Subject: Historic Lakeville or Party Alley Lakeville? You're making the choice!
3
Wednesday, May 13, 2015
Dear Mayor & City Council,
I'm very concerned that you're taking Historic Lakeville in the wrong direction
Reasons:
1. Two of you have stated you wanted to treat everyone the same... That is fine if all
circumstances are equal, which they aren't, in the case of Babe's. Babe's moved
in knowing the establishment was in a residential area. They took down houses
and expanded. The above statement is like saying you want the Interstate & street
speed limits to be the same. Cars drive on both and you want to treat them all the
same.
2. Why were residents given such a short notice about changing the patio hours?
3. I have heard that Babe's is broadcasting, on a popular Twin Cities radio station,
stating they have the largest outdoor patio south of the river and saying that
people should come to Babe's & party. That worries me.
4. The Senior Housing Residents do not fear living in their buildings, but fear what
could happen to them when they leave or are returning to the building.
5. The excess noise and stress put on the residents is detrimental to health. I want to
attend church & worship with a clear mind, not a sleep deprived one.
Now is the time to set up requirements for the bars. They should be responsible for their
customers' behavior .The noise & behavior should be monitored, there should be buffer
zones for the patios that enhance not detract etc.
Meet also with the residents to discuss these, not just the businesses. Most of the
downtown businesses will not be open, so they will not be disturbed by patio hours, nor
will they benefit from longer patio hours.
Colleene Ortner
20665 Holt Av.W.
P.O. Box 176
Phone: 469-3100
May 13, 2015
Dear City Council,
My name is Matt Welin. I live in Lakeville.
My mailing address is 6600 Lower 1691h Street Farmington, Mn.55024
Phone: 952.953.0898
I want to tell you my & my friends experience at Babe's. We are a younger than the
Mayor. We are old enough to be past the age that we have to prove ourselves by
overdrinking.
We were in the bar having some food & a drink. It started to get noisy. We noticed the
noise was being caused by young people who most likely hadn't been of drinking age for
very many years. Soon there were fights starting & things were getting out of control.
Our group left. We learned from others that this was not an unusual occurrence. We feel
there should have been more control displayed by the management. They have great
food.
I hope in the future, Babe's shows better control over the behavior of those who come to
their business.
Matt
G l 9ail ki
7� Amo- .��olJ✓��_ � ,z� �--
May 13, 2015
Lakeville City Council Members
City Hall
20195 Holyoke Avenue
Lakeville, MN 55044
Re: Do Not Promote Babe's Outdoor Expansion
To all Lakeville City Council Members:
Late summer of 2014 the same exact issue of Babe's outdoor expansion was addressed
and a majority of Council Members voted to support the homeowners surrounding Babe's
by concluding that Babe's business location was unique amongst restaurant -bar facilities
in that it was too close to residential homes and therefore late night patio usage should be
limited to 10:00 p.m.
Nothing has changed since that vote. Any Council Member now changing such
Member's position has an obligation to explain why.
Babe's Patio is in the equivalency of a neighbor's front yard.
Babe's Patio is not a ladies' tea, rather, at the new 10-12 p.m. hours it is a patio whose
emphasis will be on beer consumption and revelry.
The alcohol bar industry is the most regulated industry in the State of Minnesota because
alcohol usage leads to loud, boisterous, loose conduct. There is a place for this and it is
indoors. This has been the situation for decades concerning Babe's and it is only in the
past approximately 1 year period that this has changed.
Council Member Swecker has taken the public position that all restaurant -bars must be
treated equally. This assumes that all bars exist or are located in identical positions,
specifically, the distances from abutting residences AND THIS IS NOT THE CASE
WITH BABE'S -- IT IS THE ONLY FACILITY THAT IS SO CLOSE TO
RESIDENTIAL HOMES.
The history of Babe's is that is has expanded into the residential neighborhood, not the
other way around. It has been an inch -by -inch expansion.
This hearing was called upon 10 days notice to the residents, the minimum time period,
most likely deliberately selected to put residents at a disadvantage in that this time period
(late spring) is often the busiest for homeowners who are obligated to attend to their
children's numerous outdoor activities and are busy with home clean up actions. It is
very disadvantageous to attempt to organize responses to this type of a proceeding upon
10 days' minimum notice.
The Council heard these arguments last summer and got it right. Are the homeowners
persons to be jerked around by a City Council split vote?
Why hasn't the Council asked for input from its Planning Commission and scheduled
hearings before it?
Very truly yours,
May 14, 2015
To: Lakeville City Council Members and Mayor
I was made aware of another patio bar in Hudson, Wisconsin the
"Smilin' Moose" with issues similar to the ones we are facing at Babe's
Sports Bar in Lakeville. In fact, both are owned by the same 2 individuals,
Mike Tuppa & Tom Tomaro.
I obtained a copy of the plan commission's meetings on the
expansion proposal and also talked with Dennis Darnold, Hudson's
community development director. The city's concerns were of parking
and noise and litter. Three reviews of the facility indicated excessive
noise. Another development concern is the fact that Smilin' Moose was
being marketed to the Twin City residents as cross the river and kill your
liver." This was a concern in that the community has worked very hard to
develop a charming, historic downtown area and even though the
owners expressed that they want to be a good neighbor, the Hudson city
officials pointed out by what they had heard of the concerns that had
been expressed of the businesses surrounding them, that these owners do
not appear to want to be a good neighbor. Senior housing residents
have complained of noise, fights have broken out on the outside of the
building and after midnight drive specials are being advertised. One city
official who lives close by sees the influx of traffic which is wanted for
business to be successful but noted that it also brings other things that are
not wanted. These unwanted concerns should not be imposed on the
nearby residential properties, they concluded.
Sound familiar?
Dennis Darnold indicated that the residences are at least 2-1/2
blocks away but that Hudson valued the rights of these people and
imposed restrictions for Smilin' Moose to adhere to before receiving
approval. 4' landscaping around the outdoor patio is required as is a wall
on one side.
What are you requiring of Babe's which is surrounded on 3 sides by
residences, some closer than 100 feet away? The existing fence is tacky
and provides no meaningful barrier to people and rs in the parking lot.
6J� X4
Catherine Welch
20673 Hartford Way
Lakeville, MN 55044
May 14, 2015
Lakeville City Council Members
City Hall
20195 Holyoke Avenue
Lakeville, MN 55044
To members of the Lakeville City Council and the Mayor of Lakeville:
Last April and June I attended meetings with you as you were considering
extending the hours of the patio of Babe's and Carbonne's Pizza. Many reasons
for denying such an extension were agreed upon and it was voted down. Now,
less than a year later, our neighborhood was given short notices that once again,
you are considering the very same extension of hours. The May 1, 2015 edition
of the Sun This Week reported that the majority of City Council members
indicated support for this proposal at an April 27 work session. I would like to
know what has caused this shift in thinking? Mayor Little was quoted in this
same article of wanting a "more vibrant" downtown and believes expanding the
hours of the patio at Babe's is a "very, very small step towards that goal." I am
saddened that the majority of the Council is taking the position that this is the
appropriate solution for increased vibrancy for downtown Lakeville. I would
much rather have a vibrant downtown business area that includes unique shops
and stores and family dining than an area that may become known as party
central. This causes many of us who have put years and years (over 40 in my
case) of hard work and thousands of dollars into upgrading and maintaining the
historic charm of our neighborhood to have legitimate concerns that we are now
inviting a "hoop and holler" mentality attracting an influx of traffic, noise, and
litter. Family dining on an outdoor patio is a great concept that I support but I
cannot agree to a party bar scene. The difference between the two concepts is
significant and the city does not benefit from the latter. WCCO recently reported
that Lakeville is the 3rd best city of Minnesota to retire in. At the same time,
KDWB is inviting their listening audience to come to the biggest patio party
South of the River!
Once again, I am asking you to support o r neighborhood concerns and
not expand the hours of Babe's patio.
Pam Nord
0 /,—z� 6ZcA-R
May 13, 2015
Lakeville City Council
City Hall
20195 Holyoke Avenue
Lakeville, MN 55044
Re: Babe's is Surrounded by Family Residences: Vote No to Hours Expansion
Dear City Council Members Anderson, Davis, LaBeau, and Swecker:
Please present these thoughts to the Lakeville City Council on May 18, 2015:
1. Babe's is unique in the Lakeville bar industry in that it is surrounded on three
sides by family residences. No other bar, including the others now existing or
proposed for the downtown area falls into this category.
2. Karen Swecker's position that all businesses should be treated equally is
seriously flawed in situations where the businesses do not have the same distances
to homes (which is the case here). She is using her public position to take rights
away from homeowners when she should be protecting these citizens. She owes
them an apology (and so does any other City Council Member that takes a similar
position.)
3. Babe's is already publicly bragging in its advertising on the radio that one should
come to "THE BIGGEST OUTDOOR PATIO PARTY SOUTH OF THE RIVER. "
This approach will result in homeowner rights being trampled.
4. If' you want another Burnsville Bowl and all of its problems, keep taking the
action you are presently considering.
5. In short, a few Lakeville City Council members are prepared to sell the soul of
Lakeville.
6. .Somebody please explain how having outdoor parties in an area surrounded by
residences promotes Lakeville. In truth, it demeans Lakeville. The Council
Members who are telling you that they are promoting Lakeville are guilty of false
and distorted reasoning.
Respectfully yours,
Name:
Addres..-
f -lob y - (K,,L
May 13'', 2015
Dear Mayor Little and Council Members Anderson, Davis, LaBeau and Swecker,
Ever since Babe's has opened their patio, the noise emitted from it late in the evening has
created a nuisance in the area.
Until the owners of Babe's can eliminate the nuisance and until you as our elected
officials can assure the citizens affected that you are dedicated to eliminating such
nuisance, it would be an outrage to only make matters worse by extending the patio
hours.
Continuing to allow a nuisance in our downtown and neighborhood surrounding it only
degrades both, an outcome none of us want.
Take care of the nuisance as you are entrusted to do. Then the extension of the hours of
operation of the patio could be considered.
Sincerely,
Randy Lattu
612-799-0855
�b7
NO
May 13, 2015
Lakeville City Council
City Hall
20195 Holyoke Avenue
Lakeville, MN 55044
Re: Opposed to Babe's Patio Hours Being Extended
To the Lakeville City Council:
This letter is written to address opposition to Babe's Restaurant and Bar being
allowed to expand its patio hours from 10:00 p.m. to midnight on Fridays and
Saturdays.
The purpose of late patio hours is to facilitate outdoor drinking, not to
conduct polite ladies' teas. The result is boisterous conduct that infringes
upon abutting residential homeowners.
A home is a retreat for quiet and peaceful recuperation. The City does not
have the right to authorize Babe's to take this right away.
The Lakeville City Council has a right to protect the homeowners!
Thank you,
Name:
Address: r L&Avg r L6i<[a--E
May 12th, 2015
LAKEVILLE CITY COUNCIL
RE: PATIO HOURS FOR BABES PATIO AND GRILL DOWNTOWN
LAKEVILLE
In November 2014, Monday night before election Tuesday, the council
voted not to change hours of operations for the outdoor patio at Babes!
What is different now than November?
Has there been an environmental impact study done??
Any appropriate planning??
How does extending patio hours help out downtown Lakeville? If you
would like it to be party central Friday and Saturday night that might very
well happen at the expense of the residents that reside there. Extending
patio hours will not mean increasing sales for Ace Hardware, Erickson Drug
Store or any other daytime businesses downtown. The party goers will not
make a special trip to downtown Lakeville during the week to buy a shovel,
hoe, grill, birthday card, fill a prescription or get their hair or nails done.
The council really needs to take an honest look at what the residents of
downtown Lakeville would like to see happen and work with them in an
environmentally safe setting.
Thank You, r
May 12th, 2015
Lakeville City Council
In the May 1', 2015 Lakeville Sun Thisweek, it states "that Lakeville is looking at
extending patio hours for Babes Music Bar."
I do not feel that Babes has demonstrated that they can keep in compliance with the
ordinance they currently have in place. However, if they are granted extended hours it
should include hiring an off duty police officer or Dakota County deputy from 10:00 PM
to closing as well as an acceptable sound barrier going around the patio. If patio hours are
grand and extended to 12:00 PM the patio should be cleared by patrons and the patio
doors should be locked for no further entrance.
Sincerely,
! C
May 1Vh , 2015
Lakeville City Council
Extending patio hours at Babes makes no sense to me. If they have
not done anything to keep the noise down now when it goes to
10:00 PM, what will it be like when the patio is open to midnight?
How many complaints were called in on Babes outdoor patio last
summer season?
Extending patio hours at Babes will not increase business in
Lakeville, except the sale of liquor and generate more noise which
it turn will cause a problem for the residents that live on three sides
of Babes in downtown Lakeville.
Thank You
CWj
MAY 13TH, 2015
n
FROM: JENNIFER BESKOW
MAPLE GROVE, MN 55311
PHONE: 763-416-1842 G
TO: THE MAYOR AND MEMBERS OF LAKEVILLE CITY COUNCIL
I GREW UP IN THE DOWNTOWN LAKEVILLE AREA AND GRADUATED FROM
LAKEVILLE NORTH HIGH SCHOOL. I NOW RESIDE IN MAPLE GROVE, MN
WITH MY HUSBAND AND 3 CHILDREN.
I HAVE WATCHED MY PARENTS WORK VERY HARD ON THEIR OLD HOME
FOR MANY YEARS TO RESTORE IT AND KEEP A PIECE OF LAKEVILLE'S
N A T UARAL HIS T OR Y IN TACT. THEY HAVE SPENT COUNTLESS HOURS AND
A FEW HUNDRED THOUSAND DOLLARS LATER MADE A HOME FOR OUR
FAMILY TO BE PROUD OF. I TAKE MY CHILDREN TO VISIT THEM AND FOR
OVERNIGHT STAYS WITH GRANDMA & GRANDPA.
I AM CONCERNED FOR BOTH MY PARENTS HEALTH AND WELL BEING, AS I
KNOW MY MOTHER AND FATHER LOOSE COUNTLESS NIGHTS OF SLEEP
SPRING THROUGH SUMMER MONTHS WITH ALL THE PLANNED CITY
ACTIVIES. ON TOP OF THAT, THEY -ALSO HAVE TO LOOSE SLEEP OVER
UNWARRANTED NOISE COMING FROM THE LOCAL RESTAURANT/BAR AND
GRILL, EVERY FRIDAY AND SATURDAY NIGHT UNTIL 2:30AM FOR THREE
MONTHS, TOTALING 24 DAYS.
I AM ALSO CONCERNED FOR THEIR SAFETY, MY SAFETY AND MY
CHILDRENS SAFETY WHEN VISTING.
MY MOM IS A SENIOR NOW WITH SOME HEALTH ISSUES. THEY HAVE LIVED
IN THEIR HOME FOR 24 YEARS. WHEN MY MOM TOLD ME ABOUT THE
EXTENSION OF PATIO HOURS AND MORE PATIO BUSINESSES OPENING I
COULD NOT LET THIS GO, WITHOUT WRITING THIS LETTER.
I WOULD ENCOURAGE YOU TO VISIT SOME OTHER OUTDOOR PATIOS IN
THE TWIN CITIES AREA. WE HAVE MANY 1N MAPLE GROVE THAT ARE
TRULY BEAUTIFUL AND PEACEFUL FOR SUMMER OUTDOOR DINING. MOST
ALL HAVE SOUNDPROOF BARRIERS, GARDENS, WATERFALLS AND NETTED
CEILINGS WITH LIGHTS (PERFECT FOR THOSE PESKY INSECTS WE CALL
MOSQUITOES!).
IT'S HEARTBREAKING TO SEE THEM STRUGGLE AND GO THROUGH THIS
AND THE CITY MAYOR SAY'S IT'S JUST A COUPLE OF HOURS, A COUPLES
NIGHTS A WEEK. WHO ARE YOU KIDDING? IT'S WHOLE LOT MORE THAN
JUST THAT.
IT IS AN UNNECCESARY NOISE, DISTURBING NOISE, EXCESSIVE NOISE AT
TIMES AND IS NOT EVEN ADEQUATELY MUFFLED.
I AM KINDLY REQUESTING THAT YOU DO SOMETHING ABOUT THIS
ONGOING CONTINUOUS SITUATION IN HONOR OF MY PARENTS WHO ARE
STRUGGLING FOR A LITTLE PEACE AND A GOOD NIGHT SLEEP.
May 14'h, 2015
Dear Mayor and Council Members,
Ignoring objections of the citizens in downtown Lakeville of the
extended hours of operation on outdoor patios in downtown
Lakeville requires considerable fact justification. Can you tell the
citizens what you have done to justify what you are attempting to
do? Shame on you for not doing what is right!
The city of Lakeville and it's council has allowed a public
nuisances to continue without any ramifications to the party that is
creating it and now you what to reward them. Shame on you again!
Noise nuisances is one of the worst violation against the neighbor's
city in which they reside, because the nuisance itself will create
other unavoidable nuisances, you know the "breaking of the glass
theory!" I just hope it is not my glass getting broke. It is a shame
you would allow the desinigration to continue and destroy are
beautiful city.
Concerned and Caring,
Lakeville Resident
�� 07
TO THE MAYOR AND CITY COUNCIL MEMBERS,
SUBJECT: EXTENDING OUTDOOR PATIO HOURS & CONTINUED NOISE
NUISANCES
IFA PERSON THROWS GARBAGE INTO A NEIGHBORS YARD MOST
COMMUNITIES ARE QUICK TO RESPOND. IFA PERSON THROWS A LOT OF HIS
ACCOUSTICAL GARBAGE (NOISE) INTO A NEIGHBORS YARD MOST
COMMUNITIES ARE SLOW TO RESPOND.
I WOULD LIKE TO KNOW WHAT CAN BE DONE TO CHANGE THIS SINCE THE
PREAMBLE TO THE US CONSTITUTION STATES "TO ENSURE DOMESTIC
TRANQUILITY" A RESPONSIBILITY OF FEDERAL/STATE AND LOCAL
GOVERNMENT.
OUR LOCAL GOVERNMENT (MAYOR AND CITY COUNCIL) ALL TOOKAN OATH
OF OFFICE AS ELECTED OFFICALS TO DO SOLEMNLYSWEAR TO SUPPORT
THE CONSTITUTION OF THE UNITED STATES, THE CONSTITUTION OF THE
STATE OF MINNESOTA, AND TO DISCHARGE FAITHFULLY THE DUTIES OF THE
OFFICE OF THE CITY OF MINNESOTA, SO HELP ME GOD.
DID YOUALL FORGET YOUR OATH OR WAS THAT THROWN INTO THE TRASH
CANY!
I AMA VERY CONCERNED CITIZEN FOR THE RESIDENTS OF DOWNTOWN
LAKEVILLE. IAMNOT ONLY DISGUSTED WITHAL THE NOISE THAT IS
ALLOWED TO CONTINUE AND CONCERNED WITH THE IMPACT THAT IT HAS ON
OUR HEALTHAND WELFARE. OUR CITIES LAW ENFORCEMENT ALLOWS IT TO
CONTINUE WITHOUT LISCENCE SUSPENSION. WHAT KIND OF GAMIT ARE YOU
R UNNING?
MAY 13TH 2015
SINCERELY,
,ya4L6,llj--Ll �-,
114
1 n%
a]
MAY 12TH , 2015
TO: LAKEVILLE MAYOR AND CITY COUNCIL MEMBERS
FROM: DOWNTOWN LAKEVILLE RESIDENT
TOPIC: NOISE NUISANCE AND EXTENDING OUTDOOR PATIO HOURS
WE ALL KNOW THAT THE DOWNTOWN LAKEVILLE AREA IS UNIQUE IN THE
FACT THAT THERE ARE BUSINESSES AND RESIDENTIAL HOMES AND
SENIOR LIVING AT THREE DIFFERENT SITES, ALL LOCATED IN A THREE
BLOCK AREA AND 2 RESTAURANT/BAR PATIOS ALREADY OPENED AND A
3"D ABOUT TO OPEN IN A 3 BLOCK AREA.
I AM HAVING MUCH DIFFICULTY WITH THIS SCENARIO AND I
REASONABLY ASK YOU, "WHAT IS WRONG WITH THIS PICTURE?"
WHO ARE YOU REALLY LOOKING OUT FOR? RESIDENTS ACTUALLY HAVE
A VALID ISSUE, ONE THAT SHOULD BE WORKED OUT AND I HAVE TO
ACTUALLY ASK MYSELF, "WHAT COULD YOU BE THINKING?"
WHEN MAYOR LITTLE TOOK THE OATH OF OFFICE HE IS QUOTED SAYING,
"WE CAN GROW A BIGGER AND BETTER CITY WITHOUT LOOSING OUR
SMALL TOWN HEART."
I HARDLY CONSIDER THIS A HEARTFUL THOUGHT KEEPING IN MIND THE
PEACE, COMFORT, AND SAFETY OF OUR SENIORS IN THIS AREA.
A CASE SHOULD BE MADE FOR THE BALANCING OF CITIZENS HEALTH AND
WELL BEING. ARE YOU WILLING TO ALLOW VIOLATORS OF OUR CITIES
NOISE ORDIANCE CREATE HARDSHIPS FOR OTHERS?
I AM JUST SAYING, " THIS IS SOMETHING YOU SHOULD BE THINKING
ABOUT!"
I AM KINDLY REQUESTING YOU GET YOUR CURRENT NOISE NUISANCE
UNDER CONTROL AND THEN ADDRESS THE ISSUE OF KEEPING IT UNDER
CONTROL!
THE CITY COUNCIL HAS THE TOOLS AND AUTHORITY TO DO THIS.
DO YOUR JOB AND MAKE THE NEIGHBORS PROUD OF OUR DOWNTOWN
LAKEVILLE AREA AGAIN.
SINCERELY,
Dear Mayor and Council Members,
Recently read caption in the SUN THISWEEK, restaurant patio hours to be
later on weekends and received letter notification from the City of
Lakeville. I have been doing a lot of research on the effects of public
nuisances. i discovered that the City of Lakeville is a statutory city N
chapter 412 and follows the guidelines of LEAGUE OF MINNESOTA
CITIES. There is a 28 page guideline document that defines public
nuisances and that examines tools cities can use to effectively and fairly
prevent nuisance and eliminate them. You can find this document on line.
My question to the Mayor and Councils Members is a pithy one.
Have you, as our city officials done everything your job has required you to
do to make a informed decision regarding the extension of outdoor patio
hours in our downtown area?
Have you requested an impact study?
Have you requested help and input from the county Environmental
Protection Agency?
Have you requested help and input from the county Department of Health
and Human Services?
Have you contacted The Department of Housing and Urban Development,
regional office, State and County Health Department?
There should only be 2 driving forces: the citizens and environmentally
aware officials.
There is copious info of the negative effect noise has on people, so there is
ample justification for declaring noise as an adverse influence on a person's
mental and physical health.
We have a noise disturbance and it is plainly audible.
What will you being doing as our City leaders to resolve this?
What should you be requiring of business owners to become compliant?
Sorry for all the questions, but someone has to answer and be accountible to
the ' izens.
e attu
akeville resident, residing at: 8675 Upper 206` St W
952-469-3299
May 15, 2015
May 13, 2015
Lakeville City Hall
Lakeville City Council Members
20195 Holyoke Ave.
Lakeville, MN 55044
Re: Babes Restaurant Patio
To the Lakeville City Council Members:
You should not support expanding Babe's patio hours to midnight.
You already turned over an entire neighborhood to Babe's for an
approximately 10 -day period during Pan -O -frog and now you want to do
the same thing every Friday and Saturday night.
What kind of twisted logic do you have when you claim that you are
promoting Lakeville when in fact you are trampling on the rights of
other property owners. Why don't you just ask the affected
homeowners for the keys to their homesteads'
We just purchased our Lakeville home last spring and want to enjoy it
like other homeowners, in a quiet and private manner.
Please consider the invasion of privacy that Babe's has created and
require that their business be operated indoors.
Babe's in not like Carbones where there is a buffer between the
outdoor seating area and nearby homes.
Yours ,tt)uly,
Dale Prizler ad"yt��
Mary Miller tom_
8715 Upper 206th St.
Lakeville, MN 55044
May 13, 2015
Ms. Colleen LaBeau
Lakeville City Council
City Hall
20195 Holyoke Avenue
Lakeville, MN 55044
Re: Do Not Vote for Babe's Patio Hour Extension
Dear Ms. LaBeau:
Concerning the extension of Babe's Patio hours, the homeowners to the East of Babe's should
not be subjected to foul language, loud greetings, and party talk at midnight.
If the Mayor or the Council Members were exposed to this kind of nuisance from their
respective neighbors, they would not tolerate it. Do the rules change when your own homes are
notinvolved?
Homeowners' rights trump Babe's profit margins.
You should not give the homeowners' property rights to Babes.
Thank you for your consideration,
Name:( -2— — ,
Address: =td_ �� / Q,V►;
C.� M
City of Lakeville
May 5, 2015
Dear Property Owner:
The purpose of this letter is to inform you that the Lakeville City Council will consider an amendment
to the City Code concerning the hours of operation for businesses that serve food and alcohol on
outdoor patios located within 150 feet of a residential use. The proposed City Code amendment
would extend the outdoor patio hours of operation on Friday and Saturday nights to midnight in the
downtown C -CBD commercial zoning district. The outdoor patio hours on Sunday through Thursday
will remain the same (7:00 a.m. -10:00 p.m.). The City Code currently allows outdoor patios in the
C -CBD District to serve food and alcohol from 7:00 a.m. -10:00 p.m., seven days a week.
The City Council will consider the proposed amendment to Chapter 3-1-8-14 of the City Code at their
May 18, 2015 meeting. An opportunity for public input will be provided at the May 18th meeting. If
you cannot attend the meeting and would like to provide input on the proposed City Code
amendment in advance of the meeting, feel free to send your comments or questions to me at
dmorey@lakevillemn.gov. I can also be reached by phone at 952-985-4422.
lipcerelY, -A A
Daryl rey
Plannir# Directory
c: Justin Miller, City Administrator
David Olson, Community and Economic Development Director
20195 Holyoke Avenue, Lakeville, MN 55044
952-985-4400.952-985-4499 fax
www.lakeviHemn.gov
Dakota County CDA
Fairfield Crossing LLC
H & V Apartments LP
1228 Town Centre Drive
7920 Lakeville Blvd
809 Hillcrest Drive
Eagan, MN 55123
Lakeville, MN 55044
Montgomery MN 56069
Metro Equity Management LLC
PJK Land LLC
Heavy Metal Grill
P.O. Box 967
c/o Paul Krause
Martin Richie
Lakeville, MN 55044
18099 Judicial Way
16540 Joplin Path
Lakeville, MN 55044
Lakeville, MN 55044
Jerome A. & Darlene Kaiser
John H. & Joanne E. Pahl
Babe's Sports Bar and Grill
20855 Howland Avenue
19705 Jersey Avenue W.
Tom Tomaro
P.O. Box 293
Lakeville, MN 55044
20685 Holyoke Avenue
Lakeville, MN 55044-9597
Lakeville, MN 55044
20640 Howland Management LLC
Andrew T. & Heidi M. Hilliard
Hudoba Properties LLC
c/o Don Ruter
20660 Howland Avenue W.
4400207 th Street E.
5232 W. 139th Street
Lakeville, MN 55044-8620
Prior Lake, MN 55372
Savage, MN 55378
Jeffrey A. & Jennifer Nelson
John and Margaret Debates
Joseph & Karen Ryan
20630 Howland Avenue W.
P.O. Box 293
P.O. Box 147
Lakeville, MN 55044
Rosemount, MN 55068
Lakeville, MN 55044-0147
Karen Hanson
KNS Investments
Lakeville Real Estate Mgt. LLC
20635 Holyoke Avenue
c/o Roy M. Stueve
P.O. Box 1015
Lakeville, MN 55044
4816 -99th Street W.
Lakeville, MN 55044
Bloomington, MN 55437-2331
Mark and Brenda Enggren
Mark D. Klinkner
Marquette Bank Lakeville
20655 Howland Avenue W.
14092 Dearborn Path
c/o Thomson Property Tax Services
Lakeville, MN 55044
Rosemount, MN 55068
P.O. Box 2609
Carlsbad, CA 92018
Miriam R. Campbell
Peter and Mary Smith
SB Properties LLC
20675 Howland Avenue
20075 Italy Avenue
17121 Frazer Path
Lakeville, MN 55044
Lakeville, MN 55044
Farmington, MN 55024
Angry Inch Brewing Company
Wayne and Deborah Barsness
William H. Emond Tste
Jon Erickson
P.O. Box 275
20670 Holyoke Avenue
14190 Avalon Path
Lakeville, MN 55044-0275
P. 0. Box 1136
Rosemount, MN 55068
Lakeville, MN 55044
Mary Miller
Randy and Kolette Lattu
Colleen Ortner
8715 Upper 206th Street W.
8675 Upper 206th Street W.
20665 Holt Avenue
Lakeville, MN 55044
Lakeville, MN 55044
P.O. Box 176
Lakeville, MN 55044
Glenn and Pam Nord
20655 Holt Avenue
P.O. Box 427
Lakeville, MN 55044