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HomeMy WebLinkAboutItem 10 May 28, 2015 Item No. ______ CITY CODE AMENDMENT JUNE 1, 2015 CITY COUNCIL MEETING 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 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 on Friday and Saturday nights. Overview At the May 18th meeting and on a 4-1 vote, the City Council tabled action on 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. Staff was initially directed to prepare the City Code amendment by the City Council at their April 27th work session. Based upon City Council discussion and input received from residents that spoke at the May 18th meeting, staff has revised the draft City Code amendment to require approval of an annual administrative permit for those licensed businesses requesting the extended patio hours in the O-R and C-CBD districts, subject to meeting certain conditions. Primary Issue to Consider • What will happen if the City Code amendment is not approved? The outdoor patio hours of operation will remain at 7:00 a.m. to 10:00 p.m., seven days a week. Supporting Information • Ordinance amending Title 3, Chapter 1 of the City Code (clean and redlined) • Minnesota Administrative Rules Chapter 7030.0040 • Letters from neighbors of Babe’s Sports Bar Daryl Morey, Planning 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________________________________________ 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 (150’) of a residential use between the hours of seven o’clock (7:00) A.M. and ten o’clock (10:00) P.M. The hours can be extended to Midnight (12:00) A.M. on Fridays and Saturdays only provided: a) An Administrative Permit to allow the extended hours must be submitted annually by the licensed business owner and approved by the City Council. The City Council will hold a public hearing prior to action on the Administrative Permit following mailed notice to all property owners within 150 feet of the outdoor patio at least 10 days prior to the public hearing. b) An employee of the licensed premises shall be present on the patio during the extended hours to monitor noise levels. c) No live or amplified music or entertainment is permitted on the outdoor patio. d) Noise from the outdoor patio shall be in compliance with the regulations of Minnesota Administrative Rules Chapter 7030. 2 e) The perimeter of the outdoor patio facing an abutting residential use shall include privacy fencing or landscape screening to a height of at least six feet (6’). f) The City Council may revoke or alter the terms of the Administrative Permit for violation of the terms of the permit. Section 2. Section 3-1-8-14.C.8 of the Lakeville City Code is hereby created to read as follows: 8. 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 3. Existing subsections 3-1-8-14.C.8 through C.14 of the Lakeville City Code are hereby renumbered accordingly. Section 4. This Ordinance shall be effective immediately upon its passage and publication according to law. PASSED and ADOPTED by the Lakeville City Council this 1st day of June 2015. CITY OF LAKEVILLE BY: _______________________ Matt Little, Mayor ATTEST BY: ________________________ Charlene Friedges, City Clerk 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 (150’) of a residential use between the hours of seven o’clock (7:00) A.M. and ten o’clock (10:00) P.M. The hours can be extended to Midnight (12:00) A.M. on Fridays and Saturdays only provided: a) An Administrative Permit to allow the extended hours must be submitted annually by the licensed business owner and approved by the City Council. The City Council will hold a public hearing prior to action on the Administrative Permit following mailed notice to all property owners within 150 feet of the outdoor patio at least 10 days prior to the public hearing. b) An employee of the licensed premises shall be present on the patio during the extended hours to monitor noise levels. c) No live or amplified music or entertainment is permitted on the outdoor patio. d) Noise from the outdoor patio shall be in compliance with the regulations of Minnesota Administrative Rules Chapter 7030. Formatted: Indent: Left: 0.5", No bullets or numbering Formatted: Indent: Left: 1", Hanging: 0.5", No bullets or numbering 2 e) The perimeter of the outdoor patio facing an abutting residential use shall include privacy fencing or landscape screening to a height of at least six feet (6’). f) The City Council may revoke or alter the terms of the Administrative Permit for violation of the terms of the permit. Section 2. Section 3-1-8-14.C.8 of the Lakeville City Code is hereby created to read as follows: 7. 8. 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 3. Existing subsections 3-1-8-14.C.8 through C.14 of the Lakeville City Code are hereby renumbered accordingly. Section 4. This Ordinance shall be effective immediately upon its passage and publication according to law. PASSED and ADOPTED by the Lakeville City Council this 1st day of June 2015. CITY OF LAKEVILLE BY: _______________________ Matt Little, Mayor ATTEST BY: ________________________ Charlene Friedges, City Clerk Formatted: Indent: Left: 1" Formatted: Indent: Left: 0.5", Hanging: 0.5" Formatted: Indent: Left: 0", Hanging: 0.5", No bullets or numbering