HomeMy WebLinkAbout7.a. Amendment to Rosemount VFW Post 9433 On-Sale Club Liquor License and Special Sunday Liquor LicenseAGENDA ITEM: Amendment to Rosemount VFW Post
9433 On -Sale Club Liquor License and
Special Sunday Liquor License
AGENDA SECTION:
Public Hearing
PREPARED BY: Amy Domeier, City Clerk
Eric Zweber, Senior Planner
AGENDA NO. 1.41„
ATTACHMENTS: Draft Resolution; Site Map, Patio
Location Map, Site Plans, VFW Letter,
Fencing Brochure, Ordinance XVI.57
APPROVED BY:
WV_
RECOMMENDED ACTION: Motion to adopt a Resolution approving an amendment to the
On -Sale Club Liquor License and Special Sunday Liquor License at Rosemount VFW Post
9433.
t ROSEMOUNT
CITY COUNCIL
City Council Regular Meeting: February 17, 2009
EXECUTIVE SUMMARY
ISSUE
An On -Sale Club Liquor License and Special Sunday Liquor License amendment request has been made
by the Rosemount VFW Post 9433 (the "VFW to include an outdoor patio area located at 2625 120
Street West. It is possible under Minnesota law but the license holder must apply for an amendment to
their 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.
SUMMARY
The VFW plans to construct a 16' by 32' foot (512 square foot) patio on the east side of their building
directly north of their main entrance and facing the parking lot and South Robert Trail. The patrons will
access the only from inside the bar through a new doorway that will be constructed with the patio.
Patio Design
The VFW patio will be located on the east side of the building and directly north of the main entrance.
The main entrance will not be blocked or changed by the construction of the patio. The patio will be
accessed by a new doorway that will be constructed about four feet north of the existing entrance. The
new doorway will only allow access between the bar and patio (except for the emergency gate to be used
only in the case of fire) which will allow the bartender and staff to watch who is using the patio.
The patio will be constructed of a pour concrete slab that will be the same elevation as the bar which is
about one foot taller than the surrounding parking lot. Around the perimeter of the patio will be a 42 inch
tall metal fencing (product brochure is attached) with an emergency gate. Lighting for the patio will be
provided by the existing lights on the building and the parking lot lights. The patio will be visible from
both the main parking lot and South Robert Trail.
The patio will be consume four parking stalls in front of the building, but will not interfere with the drive
aisle or access to the parking lot. There are approximately 45 stripped parking stalls on the site with
significant overflow parking north of Rosemount property line. Most of the parking occurs within the
stripped lot although there is more convenient parking immediately adjacent to the building in the north
that is also more frequently used Staff does not expect the presence of the patio to negatively impact the
ability of the site to provide necessary parking. Overflow parking is provided by the dirt parking lot to the
north of the site, which is located in the City of Eagan.
The applicant is required to meet all of the conditions below to be permitted for an outdoor patio which
serves liquor. In the past, the City Council has expressed some concern or other patio applications when
they were located to a more residential area within the community. In this case, the property is
substantially removed from other properties in the area. The majority of the VFW site 3.8 acres,
is located within Eagan, although the southern 1.1 acre is located in Rosemount and is the site of the
principal structure.
3 -1 -16: OUTDOOR PATIOS AND DECKS:
A. Conditions Under Which Permitted: Service and consumption of alcohol on 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 this code and final inspection by
the chief building official.
The patio is S 12square feet and located immediately adjacent to the building on the east side. The applicant is proposing
a decorative fence surrounding the patio consistent with the ordinance standard.
2. Appropriate receptacles for rubbish, garbage, cigarette paraphernalia, etc., must be provided.
A condition of approval requires compliance with this section of the city code.
3. Lighting must be sufficient to promote public safety, directed downward, and compatible with the
surrounding area.
The applicant is proposing that existing lighting will be sufzcient for use of the patio. The location, close to the main
entrance, is in close proximiy to existing lighting Sta'is recommending a condition of approval allow the City to require
additional lighting if it is found that the patio is not sufficiently lit for public safey purposes with the existing site lighting.
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.
The buffer proposed is that the patio will be elevated from the ad oining parking lot and perimeter fencing installed This
is consistent with the treatment at the Legion when that outdoorpatio was approved More recently, the Council had
discussed an outdoorpatio at Shenanigans In that case the patio was proposed to be at the same elevation as the parking
lot and a separation between designated parking and the patio area was recommended If the Council feels that additional
buffer! space is required between the patio and parking area, a new condition of approval should be added to the
resolution.
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
No comment
2
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.
The recommended condition of approval requires compliance with the condition
7. The patio or deck area shall be controlled and monitored continuously during the hours of
operation and unruly patrons shall be removed immediately.
Access to the patio is through the VFW building and patrons cannot directly access the patio without first going through
the building. Further, the door to the patio will contain an upper window. This will allow some visual monitoring of the
patio activity. Wait service on the patio will also allow for monitoring of patio activities
In a previous application, the Council discussed the level of monitoring required by the ordinance. Currently some outdoor
patios afford more visual access to the patio through windows and doorways than others. Both situations have been
approved by the Council.
8. The hours and days of sale of alcoholic beverages shall be in accordance with this code.
Staff is not recommending patio operation hours different than the business operation for the VFW. In the Downtown
area, where liquor establishments are in close proximity to existing residential development, (the Carbonnes previously
McDivots) there have been operational hour limitations for the patio of 11:00 Sunday through Thursday and 12:00
Friday and Saturday. Ste does not believe a concern over noise and disruption to the neighborhood icgermane in this
instance and is not recommending any hour limitation.
9. Patrons shall not leave the premises with a drink nor can drinks be taken onto a public sidewalk.
A condition of approval requires compliance with this section of the city code.
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.
No comment.
11. The outdoor patio or deck area must be included in the required liquor liability insurance for the
premises.
A condition of approval requires compliance with this section of the city code.
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. (Ord. XV1.57, 12 -18 -2007)
At this time staff is not recommending any additional conditions than those reflected in the resolution of approval which
reinforce the ordinance standards associated with approval of an outdoor patio and amendment of a liquor license.
The VFW will need to obtain the building permits required to build the outdoor patio, vestibule
modifications and fence. The construction approved by the permits must pass the required inspections
prior to the issuance of the Certificate of Occupancy. The building and patio modifications cannot be
3
used until the Certificate of Occupancy has been issued.
The applicant is required to submit the amendment fee of $175.00. The applicant is also required to
supply the City Clerk with a revised Certificate of Liability Insurance that includes liquor liability coverage
for the new patio area.
CONCLUSION
Staff recommends approval of the amendment On -Sale Club Liquor License and Special Sunday Liquor
License for the Rosemount VFW at 2625 120 Street West, Rosemount subject to conditions as outlined
in the draft resolution.
4
ATTEST:
THE CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2009
A RESOLUTION APPROVING AN AMENDMENT TO
THE ROSEMOUNT VFW POST 9433 ON -SALE CLUB LIQUOR LICENSE AND
SPECIAL SUNDAY LIQUOR LICENSE
WHEREAS, the Rosemount VFW Post 9433 submitted a request to have their On -Sale Club
Liquor License and Special Sunday Liquor License applications at 2625 120th Street West,
Rosemount, amended to include the 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 On -Sale Club and Special Sunday Liquor Licenses subject to the
following conditions:
1) The applicant will be required to follow all regulations set forth in Ordinance XVI.57;
2) The applicant submit the $175.00 fee for the liquor license amendment;
3) The applicant may be required to install additional lighting in the area of the outdoor
patio if it is determined by the City that existing lighting is not adequate to ensure public
safety.
4) The applicant submit a revised proof of liability insurance that includes the patio in the
coverage; and
5) The applicant must obtain the building permit, inspections and ultimately a Certificate of
Occupancy from the Chief Building Official for the construction of the outdoor patio,
fence installment and vestibule changes.
ADOPTED this 17th day of February, 2009 by the City Council of the City of Rosemount.
William H. Droste, Mayor
Amy Domeier, City Clerk
Motion by: Second by:
Voted in favor:
Voted against:
Member(s) absent:
Rosemount VFW
Disc/aint r: Map and parcel data are believed to be accurate, but accuracy is not
guaranteed.. his is not a legal document and should not be substituted for a title search,
appraisal, survey, or for zoning verification.
Map Scale
1 inch 100 feet
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November 16 2008
Hi Eric
Here are 2 sets of three drawings for the VFW in Rosemont. There are existing drawings,
proposed drawings and a detail of proposed drawings. We are looking at:
Move north wall of the main entrance vestibule about 6 inches to the south.
Install 36 inch glass door about 3 ft north of the main doors.
Cut and frame a doorway on the interior wall as shown to create small hallway to the
single door opening to the proposed patio.
Pour a concrete patio approximately 15 by 30 feet as shown.
Fence patio with 42 inch metal fencing; install emergency exit gate controlled with
signage.
Any advice or comments would be appreciated.
Thanks
Linn Laage
6561- 4524237
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.
AT i'EST:
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.
AGENDA ITEM: Dakota Communications Center
Presentation
AGENDA SECTION:
New Business
PREPARED BY: Dwight Johnson, City Administrator
AGENDA NO. 9.a.
ATTACHMENTS: None
APPROVED BY:
90
RECOMMENDED ACTION: Information only
4 ROSEMOUNT
CITY COUNCIL
City Councii Regular Meeting: February 17, 2009
EXECUTIVE SUMMARY
SUMMARY
The Dakota Communications Center (the "DCC is the joint dispatch operation for police, fire and
medical emergencies serving public safety agencies in Rosemount and other Dakota County communities.
Representatives from the DCC will be in attendance for a presentation about their operations.
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DAKOTA COMMUNICATIONS CENTER UPDATE
February 17, 2009
Rosemount City Council
Operations Overview
2009 Budget Overview
Questions
D Ere
1,Er lE.F,
DAKOTA
CENTER
Interoperability
Reliability
Cost efficient deployment of 800 MHz
Cost containment with future growth
Equal to or better than prior levels of service
Enhanced utilization of field resources
Improved management of risk
911
Consolidated service began in three phases:
12/27 to 12/29/2007
2008 Service Facts:
37 45 events Processed in Computer Aided
Dispatch (CAD) System
354,5 incoming phone calls answered
162,811 9 -1 -1 (45.9%)
1911715 10 digit (54.1
1,goo+ subscriber units on network
800+ fire pagers on network
D.A.IiOTR
CENTER
g -s -1 CaII Pick -up
Time from start of 1st audible ring to pick up.
Total Process Time Call Creation +Dispatch
time.
Call Creation —Time spent gathering information
and entering in ComputerAided Dispatch (CAD)
System.
Dispatch Time -Time lapse between call
availability in CAD until dispatched to responder
C1• \I <OL\
cr-_r TEP..
911
2008:
76 7 seconds.
86 <3.o seconds.
93 <3.5 seconds.
96 20 seconds.
162,811 9 -1 -1 calls for 2008. (120,102 in 2007).
Average pick -up was 6.81 seconds.
47. incoming 9 -1 -1 on wireless phones (76,676).
QAI: pTc. N'
COr 7htl_IVk- \Tii
CE L 911
f.'. t i::F:
3
160
150
140
130
120
110
100
C J(OrA
c Jt1MI
CFNTF P.
125
Nov 2007 Jan 2008 Sep 2008 Dec 2008
911
150
121
108
170
160
150
140
130
120
110
100
90
flaKC "fa
con rst.r vr<..an::ans
118
166
102
93
Nov '07 Jan 'o8 Sept 'o8 Dec 'o8
I2TC911
Law and Fire /EMS Operations Committee
Joint Operations Committees
User Groups
i.e., Radio users, Fire /EMS process, Automatic
Vehicle Location, Fire CAD configuration, etc.
DCC /Agency Liaisons
DCC staff training
DCC Facility Usage
D Aiiohs
P
911
Proactive efforts:
Random Call Audits
EMDAudits
Coaching &Training
Public and agency surveys
Reactive efforts:
Inquiry System
Service Issue Review at Ops Committee
Agency issue communications
DAF I [cc
CENT-ER
911
5
Agency Surveys:
E -mail distribution to 26.7% of police and fire personnel
each month. (Each user is surveyed twice a year).
Staff Professionalism
98.5 "Usually or always" professional on phone or
radio.
Responsiveness
97% "Usually or always" respond promptly when
called on radio.
Information Quality
75% "Usually or always" provide adequate information
on calls.
f�. \J O TA
C:L)t INIC:,;'>T Ir,r s;
CI�:NI'1: P
ECC911
Public Surveys:
Every 200th 9 -1 -1 caller
Answer in prompt courteous manner?
Yes =91% No= 2.5% Other:7.5%
Verify Location and Phone Number?
Yes= 95.5% No =o% Other:4.5%
Provide Direction or advise on what to expect?
Yes 74 No: 12% Other: 25
CCN1i'",I.1NI C:I K)NS
CEIJTEiR
6
:ONN -B INIC:J:f L* -j
Adopted 2009 DCC Operations and Debt Service
Budgets
13%
$1,200,289
911
Operations
Debt Service
$7,756,654
O "J <OTA
CO :I.INIC \TIONS
Crrm:R
DCC Major Expense Categories
911
Personnel 75%
Facility Lease Mangement-
ao%
i Data Processing 8%
Equipment Maintenance -3%
Other Contractual -4%
CC)MMIJVTC:.AI "I
CENTER
7%
911
3% °A
8g%
JPA Membership Fees -89%
Annual 911 Fees -7%
Dakota County Start-up Subsidy 3%
Interest on Investments- <1%
Non- Discretionary Costs:
Contracted services represent 23.6% of DCC
Annual Budget
Facility Lease 725,10o
Data Processing Charges 558,132
Contract Equipment Service 223,200
Facility Management 187,100
Telephone charges 76,000
CJIS 800 MHz Network Access 62,338
DAKOTA
CEr E..R
8
56.63 Million from Revenue Bonds
Required DCC equipment, technology and LOGIS
conversion expenses.
Future enhancements as funds allow and as
approved by Executive Committee and Board.
Automatic Vehicle Location (AVL) Approved 12118/08.
Community Notification System (Reverse 911).
D\VOTA
Cr N T P
911
Two Uses
Appropriate to future equipment replacements
proposed equipment enhancements
(54
Appropriate to Debt Service Reduce Member
Payments
($700,000)
r;OM171 ins
DAKOTA [Ire
911
$7.315 million Public Safety Revenue Bond
issue settled May 3, 2007.
Members are invoiced directly by the
Trustee, US Bank each month for
respective share of debt.
Included in member fee tables.
Final payments in 2013.
DAKOTA
C.:OMrwr7NItA IOr
Cr'NTE P
ECC911
CET 4 ER
2007 1,750,000
2008 1,400,000
2009 250,000
2010 163,250
2011 0
Total 3,563,250
911
10
ember
941
Member
%b
Apple Valley
12.6o
Inver Grove Heights
4.83
Burnsville
17.09
Lakeville
11.48
Dakota County
6.97
Mendota Heights
1.74
Eagan
18.00
Rosemount
4.89
Farmington
4.83
South St. Paul
5.87
Hastings
4.08
West St. Paul
6.04
Joint Powers Agreement Section 9.4:
Cost allocation based upon of total events
processed by DCC in prior year:
ComputerAided Dispatch (CAD) events.
9 -1 -1 Calls
2007 2009 based upon 2004 statistics.
2010 will reflect 2008 statistics.
Annual adjustment beginning in 2010.
D`,I(UT
_:01 1 I VI(.i�711 !P!S
911
2009 Allocation:
O.AI' C TA
'".:CN1 ".IJNIC: ?.I 7NS
CU-TER
911
11
Gai:C)TA
COMMA iNIC., !S.
911
922 Calls answered: 3,420
CAD events: 26,825
of DCC total in 2008: 3.87%
col.�r ^.r.ivlc-. ms
Ece
CENTER
Law Enforcement: 16,062 (95
Fire /EMS: 763 (5
911
12
k
I General Fund
Dakota Start
up Subsidy
Debt Service Debt Service
Obligation Reduction
2009 Total
Apple Valley
870,213
151,51 88,20
933,528
Burnsville
1,180,313
206,04, 119,63
1,266,723
Dakota County
477,235
250,000
84,62 =1 48,79
513,074
Eagan
1,243,162
217,79.1 126,00.
1,334,957
Farmington
cm
333,582
60,11 33,81
359,884
Hastings
281,783
48,58 28,56
301,812
Inver Grove Heights
442,013
78,42 44,80
475,642
Lakeville
792,861
134,181 80,36
846,686
MeisvIlle
IIM
1,402
1,402
Mendota Heights
120,172
18,47 1 12,18
126,471
Randolph- Hampton
2,743
I
2,743
Rosemount
338,416
60,2 34,30
364,410
South SL Paul
IZE
405,409
67,53 1 41,09'
431,848
West St. Paul
417,150
72,89 .1 42,28..
447,582
8,906,454
250,00
1,200,28 700,00
7,406,743
Gai:C)TA
COMMA iNIC., !S.
911
922 Calls answered: 3,420
CAD events: 26,825
of DCC total in 2008: 3.87%
col.�r ^.r.ivlc-. ms
Ece
CENTER
Law Enforcement: 16,062 (95
Fire /EMS: 763 (5
911
12
Preparation begins February 2009
1st Draft to Executive Committee by May 1st
Board approval by September 1st
2010 allocations will shift to reflect 2008 DCC
statistics.
Alternative budget scenarios will be
presented.
':Or+1Nl l V Ifi\ IlC .r!S
CF NIP
£911
13
4 ROSEMOUNT
ADMINISTRATION
M E M O R A N D U M
To: Mayor and Council Members
From: Dwight Johnson? Administrator
Date: February 17, 2009
Subject: Council Agenda Update
1. ADDITIONAL INFORMATION: PUBLIC HEARING
7.a. Amendment to Rosemount VFW Post 9433 On -Sale Club Liquor License and
Special Sunday Liquor License. Attached is a revised resolution adding another condition
related to the installation of planters with plantings along the eastern edge of the patio.
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2009
A RESOLUTION APPROVING AN AMENDMENT TO THE ROSEMOUNT VFW POST 9433
ON -SALE CLUB LIQUOR LICENSE AND SPECIAL SUNDAY LIQUOR LICENSE
WHEREAS, the Rosemount VFW Post 9433 submitted a request to have their On -Sale Club
Liquor License and Special Sunday Liquor License applications at 2625 120th Street West,
Rosemount, amended to include the 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 On -Sale Club and Special Sunday Liquor Licenses subject to the
following conditions:
ADOPTED this 17 day of February, 2009 by the City Council of the City of Rosemount.
ATTEST:
1) The applicant will be required to follow all regulations set forth in Ordinance XVI.57;
2) The applicant submit the $175.00 fee for the liquor license amendment;
3) The applicant may be required to install additional lighting in the area of the outdoor
patio if it is determined by the City that existing lighting is not adequate to ensure public
safety;
4) The applicant submit a revised proof of liability insurance that includes the patio in the
coverage;
5) The applicant must obtain the building permit, inspections and ultimately a Certificate of
Occupancy from the Chief Building Official for the construction of the outdoor patio,
fence installment and vestibule changes; and
6) The applicant will install planters with plantings along the eastern edge of the patio
between the fence and access drive aisle.
William H. Droste, Mayor
Amy Domeier, City Clerk
Motion by: Second by:
Voted in favor:
Voted against:
Member(s) absent: