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HomeMy WebLinkAbout7.b. Amendment to Shenanigan's Pub Class A On-Sale Liquor License and Special Sunday Liquor LicenseAGENDA ITEM: Amendment to Shenanigan's Pub Class A On -Sale Liquor License and Special Sunda Li. uor License AGENDA SECTION: Public Hearing PREPARED BY: Amy Domeier, City Clerk Eric Zweber, Senior Planner AGENDA NO 1.19. ATTACHMENTS: Draft Resolution; Narrative from Michael Hermann; Liquor Ordinance regarding Outdoor Decks and Patios; Site Plan; Landscape Description and Awning Elevation; Excerpts from the August 18, September 10, and September 16, 2009 City Council meetings; Color Renderings. APPROVED BY: AN RECOMMENDED ACTION: Motion to adopt a Resolution approving an amendment to Shenanigan's Pub Class A On -Sale Liquor License and Special Sunday Liquor License subject to conditions. 4 ROSEMOUNT CITY COUNCIL City Council Regular Meeting: April 7, 2009 EXECUTIVE SUMMARY ISSUE A Class A On -Sale Liquor License and Special Sunday Liquor License amendment request has been made by Shenanigan's Pub "Shenanigan's to include an outdoor patio area located at 14605 South Robert Trail. It is possible under Minnesota law but the license holder must apply for an amendment to their on- sale liquor license and the new area must describe exactly where alcohol will be consumed and /or served. If the City approves an amended liquor license, it must be filed with the Minnesota Department of Public Safety's Alcohol and Gambling division. BACKGROUND Shenanigan's plans to add an approximately 24 foot by 40 foot patio on the east side of their building, between the building and South Robert Trail. Patrons will only be able to access the patio from the inside of the building. Patio Design The 24 foot by 40 foot patio is proposed on the east side of the building between the building and South Robert Trail. There is no access door located on the east side of the building, but there are three public entrances on the building (two on the south side and one on the north). The southern two doors exist from when Shenanigan's used to have a bar on the east half of the building and a liquor store on the west side of the building. Shenanigan's proposes to construct a sidewalk from the eastern of the southern two doors to connect to the patio and the western of the two doors (former liquor store entrance) will be re- opened for a public access to the bar. The interior of the bar is open so that either door can be used for public access and the eastern door is preferred by staff for the patio entrance because it is clearly visibly to the bartenders to keep an eye on who is going onto the patio and what they are carrying with them. The patio will be set back four feet from the public sidewalk along South Robert Trail and be buffered by landscaping and a 42 inch tall wrought iron fence similar to the fence located at Rudy's. The sidewalk connection from the southern door and the patio will be set back two feet from the private sidewalk connecting the bar and sidewalk along South Robert Trail and will be buffered by landscaping and a 42 inch tall wrought iron fence. This design meets the standards within the liquor regulations regarding outdoor patios by providing a buffer area between the patio and the surrounding parking lot and provides fencing that requires patrons to access the deck only from indoor bar area. Staff proposes that a letter of credit for 110% of the value of the landscaping be submitted before the permit is issued to ensure that the work is completed. Shenanigan's is proposing an awning /roof along the sidewalk connection to the patio that is located on the south side of the building to provide some cover from the weather for smokers. The building official has determined that this awning /roof does not violate the "Freedom to Breath Act" provided that no more than 50% of the areas of the sides are enclosed. Shenanigan's is proposing no walls on the west, south, or east sides, only the 42 inch tall wrought iron fencing. Staff proposes that the roof be constructed of asphalt shingles and that eaves, soffits, and support posts be painted or stained a complementary color to the exterior brick. The City Council had reviewed this patio request at their August 19, 2008 regular meeting and at their September 10, 2008 work session. On August 19, the City Council questioned if the east side of the building was the proper side of the building for the patio to be constructed on. Additionally, questions were raised about the security and lighting provided and the proper buffer between the public space and the patio. It was also stated that the furniture on the patio should be high quality and should not be plastic furniture or umbrellas that a liquor distributor has given out as a promotion. At the September 10th work session, the Council discussed these issues and determined that the majority of Councilmembers supported the patio being placed on the east side, that the security can be increased by additional lighting, replacing the opaque windows on the east side, and limiting the hours of operation, and the buffer should include significant landscaping. Mayor Droste also requested the opinion of Wally Johnson who is building the Waterford Commons project across South Robert Trail. Mr. Johnson has since stated that he does not have any issue with the Shenanigan's patio being built on the east side of the building. At the September 16, 2008 meeting, the City accepted Michael Hermann's (the owner of Shenanigan's) withdrawal of the patio request. Mr. Hermann stated that he would submit again in the spring when the construction season begins, thus the request being placed before the Council tonight. In response to the concerns that the City Council had raised, Michael Hermann has committed to adding lighting to both the building and the patio itself, replace the current green opaque windows with clear transparent windows, have the doorman monitor the access to the patio, and close the patio at the same as Carbone's patio, which 11 p.m. on Sunday through Thursday and 12 a.m. on Friday and Saturday. Additionally, Mr. Hermann has provided a color rendering of the patio proposal and will be installing black metal patio furniture and umbrella of green fabric without any beer or liquor advertising. The proposed regulations are as stringent as or more stringent than any other liquor patio within the City. Typically, the City tries to apply regulations equally among all similar uses, but the City Attorney has stated that additional requirements can be added to establishments that have unique circumstances, such as receiving more police calls than normal or being located within a special district, such as Downtown. SUMMARY Shenanigan's will be required to meet all the standards of Ordinance XVI.57 related to outdoor patios and decks that was adopted on December 18, 2007. Shenanigan's will also need to obtain a Certificate of Occupancy for the building permits required. Staff recommends approval of the above stated motion. 2 ATTEST: Amy Domeier, City Clerk CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2009 A RESOLUTION APPROVING AN AMENDMENT TO SHENANIGAN'S PUB CLASS A ON -SALE LIQUOR LICENSE AND SPECIAL SUNDAY LIQUOR LICENSE WHEREAS, Shenanigan's Pub submitted a request to have their Class A On -Sale Liquor License and Special Sunday Liquor License applications for the Shenanigan's Pub, 14605 South Robert Trail, Rosemount, amended to include an outdoor patio located on the east side of the premises. THEREFORE, BE IT RESOLVED, that the city Council hereby approves the amendment to the license applications for the Class A On -Sale and Special Sunday Liquor Licenses subject to the following conditions: 1) The applicant will be required to follow all regulations set forth in the City Code under Ordinance XV1.57; 2) The applicant must submit a Certificate of Liability Insurance including the patio area in the coverage; 3) The roof shall be asphalt shingles and the eaves, soffits, and support columns shall be painted or stained a complementary color of the exterior brick; and 4) A landscape security of 110% of the value of the landscaping shall be provided before any permit is issued and be effective for one year warranty period after the landscaping is installed. 5) The licensee will clear the patio of all patrons no later than eleven o'clock (11:00) p.m. Sunday through Thursday and twelve o'clock (12:00) a.m. Friday and Saturday. 6) The construction and operation of the patio shall be in conformance with the Patio Information Letter provided by Michael Hermann and received by the City on March 4, 2009. ADOPTED this 7th day of April, 2009 by the City Council of the City of Rosemount. William H. Droste, Mayor RESOLUTION 2009- Motion by: Second by: Voted in favor: Voted against Member(s) absent: Shenanigan's Pub 14605 South Robert Trail Rosemount, MN 55068 Re: Patio Information The following are the basic details that have already been covered along with any updates that the city has requested in the past. I hope to begin construction as soon as the snow has melted. Attached with this document is a Artist's rendition in color of what the patio will look like. It is not perfectly drawn to scale, but should be used as an example for the council to have a better idea of what I am trying to do. Tables: Black metal w/ metal chairs and umbrella stands. Umbrellas Green fabric, No Beer logos Lights: Added to building to provide indirect lighting. Indirect lighting added to landscape other lights either stand alone poles, or attached to fence Awning: Built along South side of building to provide some shelter for smokers year round Lights underneath Possible electric heaters (similar to Rosemount Legion) Access: patio will be accessed by South door of Bar only. Service Security: Patio will be serviced during all hours of operation by Shenanigan's staff. Security will be provided by Doormen providing access to patio Current Green Opaque windows will be changed to Clear translucent windows Gate will be in place to separate main patio area from Smoking (south side) area Access to main patio area will be denied by Gate after lOpm Not added to patio: Music Speakers or Live music Other Changes with patio project: damaged side walks will be repaired handicap access rap will be moved South side main entrance to bar will be through Pool Hall Current landscape will be cleaned up and upgraded (dying trees removed) Possible Update to outdoor marquee sign, (no size change, just removal of old image) Benefits expected: Contain smokers to one side of building ease in cleanup Provide face lift to old building to better blend in with updated down town Provide fun environment for customers and lunch guests Increased business, with a patio that can compete with Apple Valley Thank you for your time Michael P. Herrmann Owner Shenanigan's Pub E in TOTT MAR 9 2009 By CITY OF ROSEMOUNT COUNTY OF DAKOTA STATE OF MINNESOTA ORDINANCE NO. XVI.57 AN ORDINANCE AMENDING TITLE 3, CHAPTER 1 LIQUOR REGULATIONS TO INCLUDE OUTDOOR PATIOS AND DECKS THE CITY COUNCIL OF THE CITY OF ROSEMOUNT ORDAINS AS FOLLOWS: Section 1. The Rosemount City Code Title 3, Chapter 1 is hereby amended by adding Section 3 -1 -16 as follows: 3 -1 -16: OUTDOOR PATIOS AND DECKS: A. Outdoor Patios and Decks. Service and consumption of alcohol in outdoor patios and decks in conjunction with an intoxicating liquor "on- sale" license, an "on- sale" wine license, a special club license, a special license for Sunday sales or a 3.2 percent malt liquor license may be permitted by the City Council under the following conditions: 1. The patio or deck area must be compact and contiguous to the licensed premises and shall be enclosed with a wrought iron railing that meets standards set forth in the City Code and final inspection by the Chief Building Official. 2. Appropriate receptacles for rubbish, garbage, cigarette paraphernalia, etc. must be provided. 3. Lighting must be sufficient to promote public safety, directed downward, and compatible with the surrounding area. 4. A buffer zone should be provided between the patio or deck area and adjacent parking lot. The area surrounding a patio or deck area must be fenced so as to not allow entrance from outside the fenced area onto the patio or deck area. 5. Smoking may be allowed on the patio or deck area provided it is in compliance with the Minnesota "Freedom to Breath Act of 2007 6. Music, televisions, bands, amplified sound or any activity that would disturb the peace of the surrounding area is prohibited on the outdoor patio or deck area. A Amy Domeier, City Clerk 7. The patio or deck area shall be controlled and monitored continuously during the hours of operation and unruly patrons shall be removed immediately. 8. The hours and days of sale of alcoholic beverages shall be in accordance with the City Code. 9. Patrons shall not leave the premises with a drink nor can drinks be taken onto a public sidewalk. 10. The amendment to the licensee's licenses for the outdoor patio or deck area shall be approved on a provisional basis. The Council may revoke, suspend or decline to renew the license for the patio or deck area portion of the licensed premises on the grounds of failure to comply with the conditions outlined in the resolution or undue annoyance or burden on nearby residents. 11. The outdoor patio or deck area must be included in the required liquor liability insurance for the premises. 12. The City Council may impose any additional conditions it deems necessary in the interest of the public health, safety and welfare at the time of initial approval or any renewal of the license for a patio or deck. The conditions set forth allowing the patio or deck shall be reviewed during the yearly renewal period. Section 2. This Ordinance shall be in effect following its passage and publication. Adopted this 18th day of December, 2007, by the City Council of the City of Rosemount. Published in the Rosemount Town Pages this William H. Droste, Mayor day of 2007. At ;c4Td 5 0 WtvW- °J C-L SP\ f co_ CID \;oqt� vr: d5 v3ik.\n Ps'7v01 00,1 pk1Svl t'1:% l6" 0 ?:-.At Tvn \rckcick1 b.\.{LNT�: l ov l �S 2' mow, 15'.- 15„ -)1\ln \�v\1,;ts:Lf2C -all col G` r n eG a °C R V aa`rAf... Y r`t 9 >uioYC a\oUL S/'o. lulVV C' Yia lv'( %t lie 40 t.1 a. ccex\?tcl bob v %Y0W n c -ea ■w Csa1cor 0,`rc\ .Q\euat r Y or\ F ares r C_c�k\nevr 4 C uPv■TAV Gawnp l�+`¢o- k *-Uv-t IV F,ranct, +1�s,e 1.6 -mss} u.A0 M-■ 1$' 1 CJ\0.C..I.1 Pr■S Sp+UCI_: S ki:..) cwowiv-13 ro4,xe. o .4-4k, y afk.t. ;1i11S u ■S.V` a (001 L 4Y..la!- O.v`t'l \or +o r_iur L ree.c\\aS. Cv, •ro.v\ad ?o vvav 0:0,∎,n 0. Ceer \U;vs t7_e s 4 (11 e l o \ct ;ct- v o i1r �nit�.v ra:v xd a U) L{- Je,n4 stews{, �o` C�vr WHik ��owe,rs be..ka n ..)t q aid 4`tv C lra-vat I kovowT.L Car A46 E' ld 8` -10' �X\ <`y "1" i301f 'I, EXCERPT FROM MINUTES CITY COUNCIL REGULAR MEETING AUGUST 19, 2008 7.a. Amendment to Shenanigan's Pub Class A On -Sale Liquor License and Special Sunday Liquor License City Clerk Domeier stated that Shenanigan's Pub requested an amendment to their current liquor license to include an outdoor patio. Senior Planner Zweber reviewed the site plan information as provided in the staff report. He provided information on the proposed awning, access and patio configuration. Mr. Zweber stated the awning and patio would be installed at different times and noted the liquor license amendment would not be effective until the patio was completed. Council Member Shoe Corrigan questioned the fence installation. Mr. Zweber explained that if fence were not installed that alcohol could not be served outside. Council Member Baxter found the east side of the building to be the least desirable location for the patio. He questioned if the applicant considered installing the patio at a different side of the building. Mr. Zweber stated the drawbacks for constructing the patio on other sides of the building. He added that one reason the east side was chosen was due to access issues from inside the building and the ability to include a buffer zone between the building and parking lot. Mayor Droste was concerned about the landscaping on the building's east side. Mr. Zweber stated that all plantings on the east side would be new except for the deciduous tree located in the northwest corner. Mayor Droste questioned if the proposed patio would abide to the downtown concept plan and architectural standards. Mr. Zweber stated that staff worked with the applicant to ensure they met the downtown standards. Council Member DeBettignies questioned if Shenanigan's garbage receptacle was up to code. Mr. Zweber stated the applicant was in compliance. Jerry Hermann, 121st Street South, Montgomery, Minnesota, addressed the City Council on behalf of his son and Shenanigan's owner, Mike Hermann. He stated his son's intent was to dress up the area and make it safer. He added that with the smoking ban in place they wanted to offer their customers an area outside where they could smoke and have an adult beverage. He provided the reasons for not choosing a different side of the building to locate the patio. Mayor Droste was concerned with locating the patio on the east side of the building with the new redevelopment project across the street, the new library up the street and other development projects in the Downtown located nearby. Mr. Hermann questioned where the patio should be located since he was trying to accommodate the customers. Discussion ensued about the roadway located behind Shenanigan's. Mr. Zweber stated that staff would have to look at the title since he was not aware of any recorded easement. Mr. Hermann stated the property served as a cut through to other properties but Shenanigan's maintains the roadway. Council Member Baxter was concerned if enough lighting was proposed. Council Member Shoe Corrigan stated the east side of the building would be a great place for people to sit outside. She added that if others were concerned that the patio was too close to the road that the sidewalk could be narrowed to allow for more landscaping and green space. She also stated there was no convenient way to supervise the patio and suggested that modifications be made to ensure supervision of patrons. Council Member DeBettignies stated there would be no visibility from within the building to the patio. He stated there should be some direct visibility. Community Development Director Lindquist stated that west side access way and monitoring issues should be discussed with the applicant. Motion by Baxter. Second by Shoe Corrigan. Motion to continue the public hearing. Ayes: Baxter, DeBettignies, Shoe Corrigan, Droste Nays: None. Absent: Sterner. Motion carried. EXCERPT FROM MINUTES CITY COUNCIL WORK SESSION MEETING SEPTEMBER 10, 2008 2.C. Discussion of Liquor License Ordinance Community Development Director Lindquist requested clarity on how to interpret two particular conditions with the Ordinance. The first condition was the buffer zone between the deck and the adjacent parking lot and the second was related to the monitoring of the patio area. Ms. Lindquist questioned if a sidewalk would serve as adequate separation. Council Member Baxter stated he considered a buffer to be a transition between uses. He felt the area should have shrubs, grass or trees included as an area that wouldn't normally be occupied. Ms. Lindquist also questioned the intent of the ordinance stipulation that the patio must be controlled and monitored continuously. She pointed out that staff had not taken the condition literally; that someone needed monitor a patio constantly. She noted that not all buildings including the American Legion and Shenanigan's Pub have windows facing the patios. Council Member Baxter stated that continuous monitoring does not mean constant monitoring. He added that a manager, supervisor or wait staff could monitor the patio on a regular basis as they provide service to patrons on the patio Mayor Droste stated the ordinance should include that the applicant has to install windows and doors to the patio. Ms. Lindquist stated that certain existing conditions of buildings in Rosemount may preclude the ability to provide windows without significant retrofitting. Mike Hermann of Shenanigan's Pub was in attendance for the discussion on Shenanigan's proposed patio. He stated he chose the east side of the building because everyone would see it as they drove by. He stated with the construction of the patio the old landscaping would be removed. He addressed the access issues that were raised at an earlier Council meeting. He added that the lights are already available outside so the lighting would be adequate. Council Member Shoe Corrigan favored the patio being located on the east side of Shenanigan's. Council Member DeBettignies added that if the patio was done right it could be very attractive. Mayor Droste raised concerns about the noise, traffic, landscaping and the close proximity of the patio to the new Waterford project. Council Member DeBettignies stated that there would be more noise from the trains and traffic through the Downtown then what would be generated from the patio. Council Member Baxter stated he was comfortable with the patio being located on the east side with appropriate buffering and landscaping. He also thought the approval of an outdoor patio should be tied to having wait staff and a full food menu available. Ms. Lindquist stated that Shenanigan's holds a Class A license which does include a food requirement to hold the license. Mayor Droste was still concerned about the new Downtown project located across the street. He stated that the developer was making a $17 million investment. Mr. Hermann stated that he was making an investment as well. Council Member Shoe Corrigan commented that different standards might need to be included in the Downtown area incorporating the type of fencing, patio tables, and landscaping in the ordinance. Council Member DeBettignies suggested that Mr. Hermann submit a visual rendering of how the patio would be viewed from across the street. Mr. Hermann and the City Council were in agreement that the patio would have limited hours included in the approval. Mayor Droste also directed staff to contact Mr. Johnson, the developer of Waterford, and find out his thoughts on the construction of the patio and proximity from the new Downtown project. EXCERPT FROM MINUTES CITY COUNCIL REGULAR MEETING SEPTEMBER 16, 2008 7.a. Amendment to Shenanigan's Pub Class A On -Sale Liquor License and Special Sunday Liquor License City Clerk Domeier stated the applicant withdrew the application and planned to reapply again in the spring She stated that because the public hearing was continued from August 19 it should be officially closed. Mayor Droste opened the Public Hearing. Motion by Sterner. Second by DeBettignies. Motion to close the Public Hearing. Ayes: 5 Nays: 0. Motion carried.