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2020-05-27 CC Special Meeting Agenda Packet
The Birthplace of Minnesota SPECIAL MEETING I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. OTHER BUSINESS 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us AGENDA SPECIAL CITY COUNCIL MEETING May 27, 2020 5:00 P.M. 1. Business Recovery Efforts to Promote Business Activities during the COVID-19 Health Pandemic a) Temporary Waiver of City Code Permit & Zoning Requirements - Resolution b) Temporary Outdoor Business Sales Permit Application Update c) Approval of Temporary Liquor License Premises Expansion for permitted businesses - Resolution d) Options for Temporary Use of Chestnut Street Plaza (Main Street to Lift Bridge) e) Additional related items V. ADJOURNMENT City Council Zoom Meeting Comments May 27, 2020 Author DescriptionThne 17:25:16 From Lindsay Belland: Yes! How cool would that be?! 17:35:23 From Joe Ehlenz: Fudge 17:35:25 From SustainStillwater: Could the Council comment about mask use during the temporary waver for outside seating? And a temporary reduction of non -local vehicle traffic through downtown? 17:42:15 From Joe Ehlenz: I guess they wanted to skip Lolos request too....fudge 18:06:11 From Brad Glynn: Whitey's said they had an app in too? 18:08:07 From Joe Ehlenz: LoLo had one submitted what happened? City Council Zoom Meeting Comments May 19, 2020 Author DescriptionThne 18:49:53 From City of Stillwater: Tonight's meeting does not start until 7pm. We will join everyone to the meeting shortly 19:18:16 From City of Stillwater to -ENG Dir SSanders(Privately): are you having any connection issues? or are ok? 19:25:08 From Joe Ehlenz: we are all screwed. 19:29:12 From kelli: Yep! 19:43:12 From -ENG Dir SSanders to City of Stillwater(Privately): ive been disconnected a couple of times, but its been okay for the last 20 minutes 19:54:22 From City of Stillwater to -ENG Dir SSanders(Privately): ok.. hopefully is stays up.. It looks like maybe Zoom was trying to update on your machine.. 20:24:24 From Joe Ehlenz: that terrible place lolito doesn't have a patio 20:25:20 From Joe Ehlenz: so nothing is gonna change. heard 20:34:00 From Joe Ehlenz: cocktails or it's all for nothing... 20:34:10 From Tony Misenor: agreed 20:36:17 From Frank: business can give a card or wristband to show the sale. 20:38:05 From Frank: that goes against [sic agents] the governor order 20:38:10 From Joe Ehlenz:. so I guess we just helped all the liquor stores to sell to people to come down and drink in the park 20:39:15 From Frank: open consumption is a city ruling 20:39:32 From Joe Ehlenz: I'm gonna be selling a lot of lemonades tony...era.. 20:41:06 From Frank: state resolution have given bars and restaurants off sale for beer and wine! 20:41:23 From Frank: open consumption is a city ruling 20:42:40 From Frank: yes. but everyone has food 20:43:53 From SAMSUNG-SM-G955U: Bayport Lakeside park has survived quite well as an open container use park. A one month trial isnt going to hurt Lowell park 20:43:55 From Joe Ehlenz: this is how it could have been good. as it just got discussed it doesn't helpZ 20:44:52 From Joe Ehlenz: for instance —you go to no necks, they are busy. they make a great cocktail for a couple, tell them to go to refreshments zone and we will call when it's socially distance ready for them to come back. 20:50:12 From Frank: open consumption is a city ruling 20:50:23 From Frank to City of Stillwater(Privately): open consumption is a city ruling City Council Zoom Meeting Comments May 19, 2020 Thne Author Description 20:54:43 From Frank: Leo's has coned off there whole side street for pick up 20:54:55 From David Jarvis: correct Brad is right 20:55:19 From Karin Housley: Can Leo's get a liquor license and sell Lift Bridge beer? 20:55:51 From Frank: love it! 20:56:44 From Frank: Leo's is using parking spots and there has been no problem 20:57:18 From SAMSUNG-SM-G955U: well now Karin just walk across the street to Ziggys for the beer. While at it sneak an amendment into the bonding bill to allow the Red Solo cup zones 20:58:08 From Karin Housley: On it....June 12th. I'm telling ya...the state gets goofy when it comes to liquor laws. I wish they'd just let cities dictate their own. 20:58:48 From Karin Housley: I'll be going to ALL OF THE BUSINESSES as soon as we can do this! 20:59:55 From Frank: we will all probably be shut down by than.... 21:00:03 From Frank: YES! 21:00:12 From Frank: YES!!!! 21:00:18 From Frank: YES!!!!!!! 21:00:44 From Frank: open consumption. please! 21:02:08 From SAMSUNG-SM-G955U: Thanks Karin... Some rethinking these restrictritions will be necessary. AlFresco dining is definitely in this year 21:03:38 From Frank: © red tape 21:15:02 From Frank: I think the bars and restaurants can all help to make this work! Maple Island is in! 21:15:20 From Robin Anthony: If I could just request to make the process as simply as possible for our businesses. They are already at a high stress level with their lack or revenue flow. Thanks! 21:34:03 From Sue DelCastillo: Thank you for all of your work to help the small businesses. SUSTAINABLE STILLWATER MN STATEMENT TO THE CITY COUNCIL REGARDING TEMPORARY WAIVER OF CITY CODE PERMIT AND ZONING REQUIREMENTS TO PROMOTE BUSINESS ACTIVITIES DURING THE COVID-19 HEALTH PANDEMIC May 26, 2020 Sustainable Stillwater MN applauds the City of Stillwater's plan to allow downtown businesses to expand their operations onto the sidewalks and into parking slots downtown. Good job! We should do more of this and make it a seasonal tradition. A downtown that is friendly to pedestrians and bikes, not just cars and trucks, will make our city more fun and livable. However let's go further! At a time when Minnesota's infection rate from COVID-19 is still climbing, the public must be urged to keep wearing masks. Many visitors are not wearing them nor are they social distancing, especially on street corners, trails, and the narrow sidewalks in Stillwater. We urge the city to put up signs to remind visitors to wear masks - everywhere. Masks can be free to visitors who are not wearing them. Businesses can set an example by requiring their employees to wear masks. Unless people feel safe, many will not take advantage of these new business arrangements because they fear infection. Wearing masks shows Stillwater cares. Sustainable Stillwater MN is willing to assist in these efforts if needed. Also, MNDOT should be asked to divert through traffic to a bypass route around Stillwater. The current volume of traffic through downtown, especially the heavy volume of construction and hauling trucks, will make street seating too scary, too loud, and filled with toxic diesel and gas exhaust fumes. Measures needed now: 1. Install signs and posters urging mask use, for example, "Wear a Mask, Slow the Spread," or "Wear a Mask, Save a Life," or "Respect Stillwater - Wear a Mask." 2. Masks given to the public if they don't have them handy by city employees or volunteers. 3. URGENTLY request a traffic bypass around downtown for non -local traffic. Additional measures could include: 4. Portable hand -washing stations in public areas. 5. Signage locating clean public restrooms. Everyone wants to see Stillwater thrive, but half -measures could backfire. This is a good start. But let's make it safe. CONTACT: Sustainable Stillwater MN Board of Directors, sustainablestillwatermn@gmail.com iliwater THE BIRTHPLACE OF MINNESOTA DATE: May 27, 2020 TO: Mayor & Council Members APPLICANT: Brian's REQUEST: Liquor license amendment for outdoor seating area LOCATION: 219 S Main St REVIEWERS: City Clerk Wolf Police Chief Gannaway Assistant Fire Chief Ballis Community Development Director Turnblad BACKGROUND Brian's Bar & Restaurant, 219 S Main St, has submitted a permit application for the temporary use of seven on -street parking spaces and a portion of the Water Street sidewalk. These spaces would be used for outdoor seating areas, which would include alcohol service. SPECIFIC REQUEST 1. Use of five on -street parking space on Water Street for outdoor seating. 2. Use of City sidewalk on Water Street for outdoor seating. 3. Use of two on -street parking spaces on Main Street for outdoor seating. 4. Amendment of liquor license to temporarily add outdoor seating areas to premises. COMMENTS 1. The temporary outdoor sales area must be compact and contiguous to the licensed establishment. Therefore, the two spots labeled "1" on the map on the top of the next page cannot be used for alcohol service or consumption. OSA Permit May 27, 2020 Page 2 Table Of Contents M �a J EL Layers RI Brian's request p 0 On -street handicapped E7 0 On -street Parking ❑ 15 minute parking limit w 30 minute parking limit ❑ Loading/unloading ■ Valet E Bus loading/unloading • Bus parking p p PARCELS p ❑ numbers.dwg Group Layer B7 0 2803020.tif +❑ ❑ 5er28 Topo.dwg Group Layei p 0 2803020.tif El 0 2803020.tif x 2. The three spaces labeled as "2" in the map above are not directly in front of the restaurant. Prior to issuing the permit for the outdoor seating areas, the property owner immediately adjacent to the spaces labeled "2" must submit in writing that they consent to Brian's request. 3. The two on -street parking spaces on Main Street (labeled "4") cannot be automatically approved, since it is MnDOT right of way. However, MnDOT is considering allowing Cities to approve spaces in this situation for outdoor seating. Permission could be granted with that condition. IArT'S••.••�'• AP' .,11111nel RECOMMENDATIONS Staff recommends approval of the license amendment for outside areas 2 and 3 (if written consent is received from the property owner adjacent to area 2.) Staff also recommends approval of area 4 if MnDOT allows it. Attachments: Permit application .1. RI l l • 1 1 ' Lit l II I I.w.. ni fl •suer I I • , •r i r•ri at r Vin H• tnAlO S��FGr s :a: rr An1II rq.RallPi!MUM MINLIVIZIMMIFILiii I laiDANYmiics.0 F 151 64" H I In4 F—t; c 1 N(r 54'010 4I aPa-10A y hrr 211 X � rn r [ vN n IN S cET ft2K1-EiI t ZII 51(,t.1 aa, � 1 / OPc_N F OQ_ ANX) oN Ti-h 5 S' of gl (H'( ((((f/i 4 2� x 'C- IX 712.AgsV1 AS) L Z i2 (V . 11 Ai I 1 T i t ' OR eLt 1\11r STAT1 a+J Pew PA- Lz I wA (145,Q.v.i � sir Pave-E 3 c,N ift f:�I 41, 'TI e7.11tAlt a.I.Rill N e., 41.:1 I.!I SOAII IWAIF ❑IQi • t cs DouZ (7r- Zak 33 \:LFGfD-(— go)(rS x 1 lwa ter THE BFTHPLACE OF MINNESOIA DATE: May 27, 2020 TO: Mayor & Council Members APPLICANT: The Freight House REQUEST: Liquor license amendment and outside sales area permit LOCATION: 305 S Water Street REVIEWERS: City Administrator McCarty, City Attorney Land City Clerk Wolf, Police Chief Gannaway, Assistant Fire Chief Ballis Community Development Director Turnblad BACKGROUND The Freight House, 305 S Water St, has submitted a permit application for the temporary use of their private parking lot as outside seating area. This would be used in addition to their existing deck for food and beverage service, including alcohol. The parking lot seating area permit does not need Council review, but the request to expand the liquor license to include the parking lot does. SPECIFIC REQUEST A. Use of private parking lot for a temporary outdoor seating area. B. Amendment of liquor license to temporarily add parking lot to premises. COMMENTS If both the existing deck and the outdoor seating area in the parking lot are used, the combined capacity could easily exceed the current maximum of 50. OSA Permit May 27, 2020 Page 2 RECOMMENDATIONS Staff recommends approval of the liquor license amendment with the condition that the liquor license amendment must incorporate any conditions found necessary by the Stillwater Fire Department, Minnesota AGED and Washington County Public Health & Environment. Attachments: Permit application materials The Freight House Patio The Freight House Mr' 6 Top Table p 6Top Table I PI 6Top in Table 6 To Table 100' 6 Top Table 6 Top Table 6 Top Table I- 6 Top Table Food Truck 6Top " Table i 1 107 • 1 lwa ter THE BIRTHPLACE OF MINNESOTA DATE: May 27, 2020 TO: Mayor & Council Members APPLICANT: Harbor Bar REQUEST: Liquor license amendment for outdoor seating area LOCATION: 517 N Owens Street REVIEWERS: City Clerk Wolf, Community Development Director Turnblad BACKGROUND Harbor Bar, 517 N Owens Street, has submitted a permit application for an outdoor seating area so they can re -open their bar and grill with outdoor dining. The outdoor area is located on City property on the north side of the bar. The seating is proposed to occur between the west edge of the pollinator garden and the Owens Street sidewalk. SPECIFIC REQUEST Amendment of liquor license to temporarily add outdoor seating area to premises. OSA Permit May 27, 2020 Page 2 COMMENTS The outdoor seating area is proposed to be on City property. Even if it were City policy to allow businesses to operate on City property, which it is not, a lease would be required to meet the State requirements for issuance of the liquor license. RECOMMENDATION Staff recommends denial of the liquor license amendment request. - 41- 0 CAL5C..-- CI\ Vier" 0 qf foict_ iliwater THE BIRTHPLACE OF MINNESOTA DATE: May 27, 2020 TO: Mayor & Council Members APPLICANT: Lift Bridge Brewery REQUEST: Liquor license amendment for outdoor seating area LOCATION: 1900 Tower Drive REVIEWERS: City Administrator McCarty, City Attorney Land City Clerk Wolf, Police Chief Gannaway, Assistant Fire Chief Ballis Community Development Director Turnblad BACKGROUND Lift Bridge Brewery, 1900 Tower Drive, has submitted a permit application for an outdoor sales area so they can begin re -opening their taproom. The brewery has leased space from the abutting property owner to the east. And together with the Lift Bridge Brewery property, enough space is available for an outdoor seating area and food vending truck. No public space is being requested. SPECIFIC REQUEST Amendment of liquor license to temporarily add outdoor seating area to premises. COMMENTS The submitted site plan (attached) is well done and self-explanatory. RECOMMENDATION Staff recommends approval of the liquor license amendment. Attachments: Permit application materials 0 Ordi LETvP RIDot KEY: RESTROOM O HANDWASH RECYCLING CONTAINER HOST STATION Lift Bridge Brewery Temporary Premise Extension 5/26/2020 City of Stillwater Submission 11 Ian Lift Bridge mm Brewing Comp iliwater THE BIRTHPLACE OF MINNESOTA DATE: May 27, 2020 TO: Mayor & Council Members APPLICANT: Lolito's REQUEST: Liquor license amendment for outdoor seating area LOCATION: 112 N Main St REVIEWERS: City Administrator McCarty, City Attorney Land City Clerk Wolf, Police Chief Gannaway, Assistant Fire Chief Ballis Community Development Director Turnblad BACKGROUND Lolito's, 112 N Main St, has submitted a permit application for the temporary use of the public sidewalk in front of their restaurant for outdoor dining. This space would include alcohol service. SPECIFIC REQUEST A. Use of public sidewalk on Main Street for outdoor seating. B. Amendment of liquor license to temporarily add outdoor seating areas to premises. COMMENTS 1. The outdoor seating area is proposed on the sidewalk. Given the narrow width of Main Street sidewalks, this will not function safely. 2. Since alcohol will be served outdoors, the perimeter of the Requested sidewalk area OSA Permit May 27, 2020 Page 2 seating area needs to be fenced. Given the narrow width of the sidewalk, fencing is not possible without closing the sidewalk to pedestrians. 3. Lolito's has very few other options. Since there are no parking spaces on the west side of Main Street in the 100 N Block, on -street dining is not possible at this location. 4. If Union Alley is closed and used for outside dining, Lolito's could explore that option. RECOMMENDATION Staff recommends denial of the use of the public sidewalk on Main Street for outside dining. Attachments: Permit application materials 1 iliwater THE BIRTHPLACE OF MINNESOTA DATE: May 27, 2020 TO: Mayor & Council Members APPLICANT: Mad Capper REQUEST: Liquor license amendment for outdoor seating area LOCATION: 224 S Main St REVIEWERS: City Clerk Wolf Police Chief Gannaway Assistant Fire Chief Ballis Community Development Director Turnblad BACKGROUND Mad Capper, 224 S Main, has submitted a permit application for the temporary use of the public sidewalk in front of their restaurant as their outdoor seating area. This space would include alcohol service. SPECIFIC REQUEST A. Use of public sidewalk on Main Street for outdoor seating. B. Amendment of liquor license to temporarily add outdoor seating areas to premises. COMMENTS 1. The outdoor seating area is proposed on the sidewalk. Pedestrian traffic is proposed to be routed into the parking lane of Main Street. ppa6*pc' J Edewalk seating area ieaiesl OSA Permit May 27, 2020 Page 2 2. Since alcohol will be served outdoors, the perimeter of the seating area needs to be fenced. The re- routed pedestrian way in the parking lane would also need a barrier. RECOMMENDATION Staff does not believe routing pedestrian traffic onto the street is a good policy and we recommend denial. But we would support a request for placing the outside seating area in several on -street parking bays. If Mad Capper wishes to put the seating area in on -street parking spaces, and MnDOT approves, we would recommend approval with any conditions attached by the Stillwater Fire Department, Minnesota AGED and Washington County Public Health & Environment. Attachments: Permit application materials PArc111-1/1 (usc a s . 7 (.42\Ara l k vel(t I Xt-fife, (- rl. ►nf&%((< 0 41 s il`s 0 0 D 0U� hAGK cMmf 1 lwa ter THE BFTHPLACE OF MINNESOIA DATE: May 27, 2020 TO: Mayor & Council Members APPLICANT: Maple Island Brewery REQUEST: Liquor license amendment for outdoor seating area LOCATION: 225 N Main St REVIEWERS: City Clerk Wolf, Community Development Director Turnblad BACKGROUND Maple Island Brewery, 225 N Main, has submitted an application for the temporary use of private parking areas for their taproom guests. No public parking or property is involved in this request. SPECIFIC REQUEST 1. Use of private on -site parking for outdoor seating area for taproom guests. 2. Amendment of liquor license to temporarily add outdoor seating areas to premises. COMMENTS This request is fairly straight forward. The five private parking spots along the east face of the brewery together with a strip of parking lot along the northern face of the building would be converted to outside seating area. The main Maple island Brewery outside seating area OSA Permit May 27, 2020 Page 2 parking lot will continue to be accessible and will not lose spaces. This is possible because of the extra wide aisle in the lot. Essentially, some of the aisle width is given up to accommodate outdoor seating. RECOMMENDATION Staff recommends approval of the liquor license amendment to accommodate the outside seating with the condition that the liquor license amendment must incorporate any conditions found necessary by the Stillwater Fire Department, Minnesota AGED and Washington County Public Health & Environment. Attachment: application materials We have retained all of our main parking spots. Even with the outdoor seating, we are only losing five spots in the back. iliwater THE BIRTHPLACE OF MINNESOTA DATE: May 27, 2020 TO: Mayor & Council Members APPLICANT: The Match Stick, Hotel Crosby, et. al. REQUEST: Liquor license amendment and outside sales area permit LOCATION: 232 N Main Street REVIEWERS: City Administrator McCarty, City Attorney Land City Clerk Wolf, Police Chief Gannaway, Assistant Fire Chief Ballis Community Development Director Turnblad BACKGROUND The Match Stick (Hotel Crosby's restaurant), 232 N Main St, has submitted a permit application for the temporary use of the upper deck of their parking facility as outside seating area. Co -applicants include: JX Event Center, Crosby Hotel, the Velveteen and the Lumberjack. This level of the parking ramp would be used for food and beverage service (with alcohol). The parking lot is obligated under the terms of the hotel's special use permit to be open to the public. So, closing it for use as a dining area requires Council approval, as does the request to amend the liquor license held by Match Stick. SPECIFIC REQUEST A. Use of private parking lot for a temporary outdoor dining area. B. Amendment of Match Stick liquor license to temporarily add parking lot to premises. COMMENTS The application for the Match Stick (see attachment) does not include enough information for staff to understand what they are actually proposing. For example, the Velveteen and Lumberjack are included as co -applicants. But, they have both submitted their own separate outside seating area permit requests. The list of co -applicants also includes Hotel Crosby (separate from the Match Stick Restaurant) and the JX Event OSA Permit May 27, 2020 Page 2 Center. So, who is actually using the parking ramp, and when? And, since the JX, the Velveteen and the Lumberjack are not contiguous to the ramp, their liquor licenses cannot be amended to include alcohol service at the Crosby's parking ramp. So, will their joint use of the ramp include alcohol service? If so, is a caterer's license involved? Whose? \\_ Without clarification of use details, staff is uncomfortable recommending approval of this outdoor dining area request. At this time we would only recommend its use by Match Stick and the associated amendment to the restaurant's liquor license. RECOMMENDATION Staff recommends amending the liquor license only for Match Stick's use, with the condition that the liquor license amendment must incorporate any conditions found necessary by the Stillwater Fire Department, Minnesota AGED and Washington County Public Health & Environment. Attachments: Permit application materials /1 t (V\ 664 r,) se -1 t4 wia e CQP`jS K,&1-i+,J1 `t`1k #2'191-e k h Scanned with CamScanner Bill Turnblad From: Beth Wolf Sent: Wednesday, May 27, 2020 11:55 AM To: Bill Turnblad Subject: FW: petition to use the ramp From: Brian Asmus <brian@motorgrill.com> Sent: Tuesday, May 26, 2020 4:48 PM To: Stillwater<stillwater@ci.stillwater.mn.us> Subject: petition to use the ramp City of Stillwater and Council - We are applying for temporary use of our main level (2nd street) parking area for a possible service are for food and beverage. I know that hinders the overall public parking but I would ask you to consider a few items. One, over the winter and most of last summer the ramp was rarely filled unless we had events going on in the city or hotel related. Two, we do have another level to the ramp which has been hardly used as our hotel is suffering from lack of business due to Covid, we lost 99% of all our summer/fall related groups and corporate business so we feel that we could move some if not all of that public parking to the main level and be just fine. Thank you for your consideration and let me know if you need any thing from me. Brian Asmus 651.428.1088 brian@motorgrill.com www.theaftermidnightgroup.com The information contained in the email message is privileged and confidential information intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you receive this communication by error, please notify us by email at brian@motorgrill.com and return original message to us at the above address. Thank you. 1 iliwater THE BIRTHPLACE OF MINNESOTA DATE: May 26, 2020 TO: Mayor & Council Members APPLICANT: Mon Petit Cheri REQUEST: Outside sales area permit LOCATION: 310 S Main St REVIEWERS: City Clerk Wolf Police Chief Gannaway Assistant Fire Chief Ballis Community Development Director Turnblad BACKGROUND Mon Petit Cheri, 310 S Main St, has submitted a permit application for the temporary use of one on -street parking space on Main Street. This space would be used for an outdoor seating area, which would include alcohol service. SPECIFIC REQUEST A. Use of one on -street parking space on Main Street for outdoor seating. B. Amendment of liquor license to temporarily add outdoor seating areas to premises. COMMENTS A. Liquor license amendment The City Clerk offers the following comments: 1. Temporary outdoor sales area must be compact and contiguous to the licensed establishment. 2. Temporary outdoor sales area must be enclosed by a fence or similar barrier to show delineation of service area with posted signage that prohibits the consumption of alcohol outside of outdoor sales areas and meet ADA accessibility and proper exiting. OSA Permit May 26, 2020 Page 2 3. Establishment must provide food service options with alcohol sales in the temporary outdoor sales area. 4. Outdoor storage of food, beverages, flatware, dishes, etc. will not occur without the appropriate permission from Washington County Public Health and Environment. 5. A certificate of liquor liability insurance indicating coverage is extended to temporary outdoor sales area must be on file with the City Clerk. B. Other items 1. The on -street parking space is on Main Street. Therefore, it cannot be approved through this permit, since it is MnDOT right of way. However, MnDOT is considering allowing Cities to approve spaces in this situation for outdoor seating. If that occurs, staff could approve the permit to include this space. (The space is outlined in green and labeled "1" in the map below.) Table Of Contents D3v 0 Layers 00 Mon Petit Cheri 0 El 0 On -street handicapped El On -street Parking 0 15 minute parking limit • 30 minute parking limit E❑ Loading/unloading • Valet E Sus loading/unloading • Sus parking ❑+ 0 PARCELS ❑+ 0 2803020.tif ❑+ 0 2803020.tif El0 284302Etif El0 Lot_14_expansion ❑+❑ Downtown Parking District E] 0 Nacho Mama's parkiet r r I I r ■ r I irtN Out t OSA Permit May 26, 2020 Page 3 2. Since alcohol will be served outdoors, the perimeter of the seating area needs to be fenced. Details will need to be submitted to the City prior to installing the fencing. And, substantial barriers need to be installed on both ends of each area to provide some buffer between customers and vehicles. Tables and chairs will be placed in parklet for guests. 3. Some type of reflective material will need to be added to the perimeter or the barriers planned for each end of the outdoor seating areas. 4. As a reminder to business owners, the Governor's current executive orders need to be adhered to. Those that apply to Mon Petit Cheri s outside seating area are as follows: a. Up to four people can be in a group, up to six if they are family. b. Tables need to be 6ft apart. c. Reservations are required. d. Employees have to wear masks. Guests are strongly encouraged to wear them while not eating/drinking. e. Guests MAY use the indoor bathrooms if needed. ALTERNATIVES A. Approval If the City Council finds the requested outdoor seating area and liquor license amendment to be acceptable, then approve the outdoor seating permit and the liquor license amendment resolution. B. Table If the City Council does not find the outdoor seating area permit or liquor license amendment to be acceptable, deny them both. C. Denial If the City Council finds more information is necessary, table the requests. RECOMMENDATIONS Staff recommends approval of the liquor license amendment with the conditions found above and the implementation of any conditions attached by the Stillwater Fire Department, Minnesota AGED, MnDOT and Washington County Public Health & Environment. Staff also recommends conditional approval of the outdoor seating area permit. In addition to conditions found above, if MnDOT allows the requested outside seating area, then staff will release a permit for the location of the seating area. Attachments: Permit application Googte Maps Entry and Exit will be directly from the sidewalk and will adjust the design in anyway the city requires. St t G.,3111:crqo olt.m 9:C ATLI !Ann Pe, 4;) Ntlel 1.,w\ • Ows K,Z127-0111,9 Lac ,Kstclten and r,...ot Bat 9 9 Tremittay5 Sweet 5hop 9 Mojcn 9 Steis00 PAH Ti.15,1,ufpta, .3Y RTAP.0,: V Cxits GtocusiirN .Pnes Avenue An tqae, M4terin AntiqueMfl tft Pc.-1:. Tie 9 Ct Aifte,coCCCtC. 9 7he Google 9 Map data ©2020 20 ft Ite\sa° 41. 42- 6Ak.41,5 w tk iliwater THE BIRTHPLACE OF MINNESOTA DATE: May 26, 2020 TO: Mayor & Council Members APPLICANT: Nacho Mama's REQUEST: Outside sales area permit LOCATION: 312 S Main St REVIEWERS: City Clerk Wolf Police Chief Gannaway Assistant Fire Chief Ballis Community Development Director Turnblad BACKGROUND Nacho Mama's, 312 S Main St, has submitted a permit application for the temporary use of four on -street parking spaces. These spaces would be used for outdoor seating areas, which would include alcohol service. SPECIFIC REQUEST A. Use of three on -street parking spaces on Nelson Alley for outdoor seating. B. Use of one on -street parking space on Main Street for outdoor seating. C. Amendment of liquor license to temporarily add outdoor seating areas to premises. COMMENTS A. Liquor license amendment The City Clerk offers the following comments: 1. Temporary outdoor sales area must be compact and contiguous to the licensed establishment. 2. Temporary outdoor sales area must be enclosed by a fence or similar barrier to show delineation of service area with posted signage that prohibits the OSA Permit May 26, 2020 Page 2 consumption of alcohol outside of outdoor sales areas and meet ADA accessibility and proper exiting. 3. Establishment must provide food service options with alcohol sales in the temporary outdoor sales area. 4. Outdoor storage of food, beverages, flatware, dishes, etc. will not occur without the appropriate permission from Washington County Public Health and Environment. 5. A certificate of liquor liability insurance indicating coverage is extended to temporary outdoor sales area must be on file with the City Clerk. B. Other items 1. The four spaces that are being requested for outdoor seating are shown below. All four spaces are adjacent to the restaurant. Though the most westerly space on Nelson Alley is currently a handicapped parking spot. This space will need to be 00 E ❑� Mon Petit Cheri's parklet 0 El On -street handicapped B On -street Parking 0 15 minute parking limit • 30 minute parking limit 0 Loading/unloading • Valet 0 Bus loading/unloading • Bus parking Nacho Mama's parklet ❑+ 0 PARCELS O 0 numhers.dwg Group Layer ❑+ ❑ 2803020.tif O 0 2803020.tif ❑+ ❑ 2803020.tif moved one parking space to the west. Currently the space to the west is posted for no parking. But, there is sufficient space to the corner so that this could be safely used temporarily as the handicapped parking space. 2. The on -street parking space on Main Street cannot be approved through this permit, since it is MnDOT right of way. However, MnDOT is considering allowing City's to approve spaces in this situation for outdoor seating. If that occurs, staff could amend the permit to include this space. OSA Permit May 26, 2020 Page 3 3. Since alcohol will be served outdoors, the perimeter of the seating areas need to be fenced. Details will need to be submitted to the City prior to installing the fencing. And, substantial barriers need to be installed on both ends of each area to provide some buffer between customers and vehicles. Tables and chairs will be placed in parklet for bar guests. The proposed layout as seen in the attached application form is acceptable. The distance between the face of curb and driving lane is shown as 6.5, which is close enough to the 6 foot maximum the City has set for this use. 4. Some type of reflective material will need to be added to the perimeter or the barriers planned for each end of the outdoor seating areas. 5. Nacho Mama's is also requesting the seating area in Union Alley directly behind their existing patio. Though that can not be approved as part of this permit, if the City Council directs Union Alley to close, then staff could administratively amend the outside seating area permit to include this space. 6. As a reminder to business owners, the Governor's current executive orders need to be adhered to. Those that apply to Nacho Mama's outside seating area are as follows: a. Up to four people can be in a group, up to six if they are family. b. Tables need to be 6ft apart. c. Reservations are required.No d. Employees have to wear masks. Guests are strongly encouraged to wear them while not eating/drinking. e. Guests MAY use the indoor bathrooms if needed. ALTERNATIVES A. Approval If the City Council finds the requested outdoor seating area and liquor license amendment to be acceptable, then approve the outdoor seating permit and the liquor license amendment resolution. OSA Permit May 26, 2020 Page 4 B. Table If the City Council does not find the outdoor seating area permit or liquor license amendment to be acceptable, deny them both. c. Denial If the City Council finds more information is necessary, table the requests. RECOMMENDATIONS Staff recommends approval of the permit and the liquor license amendment with the conditions found above and the implementation of any conditions attached by the Stillwater Fire Department, Minnesota AGED and Washington County Public Health & Environment. 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MMEMM■■■ ME MINIMMEMEMEMMEMMEMMEMEMMEIMMEINIMMEMMER ME iliwater THE BIRTHPLACE OF MINNESOTA DATE: May 26, 2020 TO: Mayor & Council Members APPLICANT: No Neck Tony's REQUEST: Outside sales area permit LOCATION: 223 East Myrtle Street REVIEWERS: City Clerk Wolf Police Chief Gannaway Assistant Fire Chief Ballis Community Development Director Turnblad BACKGROUND No Neck Tony's, 223 E Myrtle St, has submitted a permit application for the use of three on -street parking spaces in front of the business. The spaces would allow the bar to open outside and offer food and beverages to patrons. SPECIFIC REQUEST A. Use of three on -street parking spaces for a temporary outdoor seating area. B. Amendment of liquor license to temporarily add outdoor seating area to premises. COMMENTS A. Liquor license amendment The City Clerk offers the following comments: 1. Temporary outdoor sales area must be compact and contiguous to the licensed establishment. 2. Temporary outdoor sales area must be enclosed by a fence or similar barrier to show delineation of service area with posted signage that prohibits the consumption of alcohol outside of outdoor sales areas and meet ADA accessibility and proper exiting. OSA Permit May 26, 2020 Page 2 3. Establishment must provide food service options with alcohol sales in the temporary outdoor sales area. 4. Outdoor storage of food, beverages, flatware, dishes, etc. will not occur without the appropriate permission from Washington County Public Health and Environment. 5. A certificate of liquor liability insurance indicating coverage is extended to temporary outdoor sales area must be on file with the City Clerk. B. Other items 1. Five spaces exist on this side of No Neck Tony's block. Nether space on the ends of this block are requested as part of the parklet. The three spaces being requested roughly correspond to the width of No Neck Tony's building front. 1 Table Of Contents Deg H p 0 On -street handicapped 0 0 0 On -street Parking E 15 minute parking limit • 30 minute parking limit El Loading/unloading • Valet 0 Bus loading/unloading • Bus parking +0 0 PARCELS +0 D 2803020.tif +0 0 2803020.tif +0 0 2803020.tif +0 0 Lot_14_expansion +0 0 expand_shortys +0 2 Downtown Parking District +0 0 downtown districts 0 0 Parking Mitigation Three requested parklet spaces (outlined in green) 2. Perimeter of the outdoor seating area will be fenced and jersey barriers will be placed on east and west ends of parklet. The jersey barriers have been requested of the City. Council should decide if these are to be rented at standard fee, or fee waived. The application calls out fencing around the seating area, but no details OSA Permit May 26, 2020 Page 3 are given. These details are necessary. Tables and chairs will be placed in parklet for bar guests. The proposed layout as seen in the attached application form is generally acceptable, except that the width of the parklet from face of curb toward the travel lane of Chestnut can be only 6 feet. The plan shows 9 feet, which is much too close to the travel lane for safety. And then, since the maximum length of the tables can be only 6 feet, the guest occupancy load will have to be reduced. 3. Some type of reflective material will need to be added to the perimeter or the jersey barriers planned for each end of the outdoor sales area. 4. Outside seating areas cannot replace handicapped parking or loading zone spaces. This standard is met. Though, the bar does use the most westerly parking space as an unofficial loading zone. 5. As a reminder to business owners, the Governor's current executive orders need to be adhered to. Those that apply to No Neck Tony's outside seating area are as follows: a. Up to four people can be in a group, up to six if they are family. b. Tables need to be 6ft apart. c. Reservations are required. d. Employees have to wear masks. Guests are strongly encouraged to wear them while not eating/drinking. e. Guests MAY use the indoor bathrooms if needed. ALTERNATIVES A. Approval If the City Council finds the requested outdoor seating area and liquor license amendment to be acceptable, then approve the outdoor seating permit and the liquor license amendment resolution. B. Table If the City Council does not find the outdoor seating area permit or liquor license amendment to be acceptable, deny them both. C. Denial If the City Council finds more information is necessary, table the requests. RECOMMENDATION Staff recommends approval of the permit and the liquor license amendment with the conditions found above and the implementation of any conditions attached by the Stillwater Fire Department, Minnesota AGED and Washington County Public Health & Environment. Attachments: Permit application -7-.4.g. s de pc-.\ 1` rehccQ Arto•. 60 ' 1 ( —67 1 • 4'6 • • s$. 6 ,______) s J J,_ �p,i ►, A4 //,k To ./y -c- 1 lwa ter THE B I R T H PLACE OF MINNESOTA DATE: May 27, 2020 TO: Mayor & Council Members APPLICANT: Norman Quack's REQUEST: Liquor license amendment for outdoor seating area LOCATION: 1400 W Frontage Road REVIEWERS: City Clerk Wolf, Community Development Director Turnblad BACKGROUND Norman Quacks, 1400 W Frontage Road, has submitted a permit application for an outdoor sales area so they can re -open their restaurant with outdoor dining. The outdoor area would be contained completely between a sidewalk along the parking lot and the front and side exterior walls of the restaurant. (See site plan from attached application materials.) No public property is involved, and the seating would be adjacent only to the restaurant. SPECIFIC REQUEST Amendment of liquor license to temporarily add outdoor seating area to premises. OSA Permit May 27, 2020 Page 2 COMMENTS The liquor license meets all standards and can be amended to include the proposed outdoor dining space. RECOMMENDATION Staff recommends approval of the liquor license amendment to accommodate the outside seating with the condition that the liquor license amendment must incorporate any conditions found necessary by the Stillwater Fire Department, Minnesota AGED and Washington County Public Health & Environment. Attachments: Permit application materials oN1- Pegt.-ot 4p1 P(c.mic. r) cb ti—oJ1 1A. FRoNT ENTRwLE s51—A1,12-5 STR-116 fL 0 I 51RW.5 Zfi STA-1 --chtLE • DE KALK_ PRK01.1G iliwater THE BIRTHPLACE OF MINNESOTA DATE: May 27, 2020 TO: Mayor & Council Members APPLICANT: Quickfire Pizza REQUEST: Liquor license amendment for outdoor seating area LOCATION: 116 S Main St REVIEWERS: City Clerk Wolf, Community Development Director Turnblad BACKGROUND Quickfire Pizza, 116 S Main St, has submitted an application for the temporary use of two on -street parking spaces in Union Alley. They have also requested the use of the Main Street sidewalk for tables and chairs. These spaces would be used for outdoor seating areas, which would include alcohol service. SPECIFIC REQUEST 1. Use of two on -street parking space in Union Alley for outdoor seating. 2. Use of Main Street sidewalk for outdoor seating. 3. Amendment of liquor license to temporarily add outdoor seating areas to premises. COMMENTS 1. The Main Street outdoor seating area requested is on the sidewalk. Given the narrow width of Main Street sidewalks, this will not function safely. 2. Since alcohol would be served on the sidewalk, the perimeter of the seating area needs to be fenced. Given the narrow width of the sidewalk, fencing is not possible without closing the sidewalk to pedestrians. 3. The two spaces in Union Alley being requested are not directly adjacent to Quickfire Pizza. So consent for the request will have to be given by the neighboring property owner. OSA Permit May 27, 2020 Page 2 4. The applicant would prefer for the stretch of Union Alley between Chestnut and Myrtle to be closed for use by restaurants. That would have to be decided by the City Council. If that is done, the liquor license could be amended to reflect the new layout. RECOMMENDATION Staff recommends denial of the request to use the Main Street sidewalk for seating. But staff recommends approval of the license amendment for the on -street parking spaces in Union Alley with the following conditions: 1) The neighboring property owner must submit written consent to the City for use of the two on -street alley spaces by Quickfire Pizza. 2) The liquor license amendment must incorporate any conditions found necessary by the Stillwater Fire Department, Minnesota AGED and Washington County Public Health & Environment. iliwater THE BIRTHPLACE OF MINNESOTA DATE: May 26, 2020 TO: Mayor & Council Members APPLICANT: The Lumberjack REQUEST: Outside sales area permit LOCATION: 123 N Second Street, Suite 102 REVIEWERS: City Clerk Wolf Police Chief Gannaway Assistant Fire Chief Ballis Community Development Director Turnblad BACKGROUND The Lumberjack, 123 N Second St, Suite 102, has submitted a permit application for the temporary use of the patio adjacent to the JX Event Center. The patio would allow the bar to offer food, beverages, axe throwing and corn hole outdoors to its patrons. SPECIFIC REQUEST A. Use of private patio for a temporary outdoor bar area. B. Amendment of liquor license to temporarily add outdoor seating area to premises. COMMENTS A. Liquor license amendment The City Clerk offers the following comments: 1. Temporary outdoor sales area must be compact and contiguous to the licensed establishment. 2. Temporary outdoor sales area must be enclosed by a fence or similar barrier to show delineation of service area with posted signage that prohibits the consumption of alcohol outside of outdoor sales areas and meet ADA accessibility and proper exiting. OSA Permit May 26, 2020 Page 2 3. Establishment must provide food service options with alcohol sales in the temporary outdoor sales area. 4. Outdoor storage of food, beverages, flatware, dishes, etc. will not occur without the appropriate permission from Washington County Public Health and Environment. 5. A certificate of liquor liability insurance indicating coverage is extended to temporary outdoor sales area must be on file with the City Clerk. B. Other items 1. This permit request is for an outdoor sales area on the patio next to The Lumberjack. This is on private property and not within the right of way for Union Alley. Table Of Contents 3 x O 0 On -street handicapped o a On -street Parking 0 15 minute parking limit • 3D minute parking limit ® Loading/unloading • Valet 0 Bus loading/unloading • Bus parking p+ 0 PARCELS 0+ 0 2803020.tif 0+ 0 2803020.tif 0+ 0 2803020.tif 0+ 0 Lot_14 expansion O a expand shortys 0+ a Downtown Parking District 0+ 0 downtown districts O 0 Parking Mitigation 2. No public property is involved, so no on -street parking space review is necessary. 3. The applicant, together with several restaurants in the 100 N Main Block, have requested that the City Council allow Union Alley to be closed for their outdoor seating areas. Though this request is discussed in a separate staff report, if the Council approves that request to close the alley, then the outdoor seating permit could be amended by staff. 4. The activities and site plan include: OSA Permit May 26, 2020 Page 3 5. Since the liquor license for The Lumberjack will need to be amended for this request, the permit will need to be approved by the City Council. 6. A gated fence will be provided to separate The Lumberjack patio from the alley. Unless the Council approves the use of the alley by adjacent restaurants. Then there would be no fence along the patio. 7. As a reminder to business owners, the Governor's current executive orders need to be adhered to. Those that apply to The Lumberjack's outside seating area are as follows: a. Up to four people can be in a group, up to six if they are family. b. Tables need to be 6ft apart. c. Reservations are required. d. Employees have to wear masks. Guests are strongly encouraged to wear them while not eating/drinking. e. Guests MAY use the indoor bathrooms if needed. ALTERNATIVES A. Approval If the City Council finds the requested outdoor seating area and liquor license amendment to be acceptable, then approve the outdoor seating permit and the liquor license amendment resolution. B. Table If the City Council does not find the outdoor seating area permit or liquor license amendment to be acceptable, deny them both. c. Denial If the City Council finds more information is necessary, table the requests. RECOMMENDATIONS Staff recommends approval of the permit and the liquor license amendment with the conditions found above and the implementation of any conditions attached by the Stillwater Fire Department, Minnesota AGED and Washington County Public Health & Environment. Attachments: Permit application Open Space Behind lanes Drink Rail E4nding Standing top top Free standing barriers Mechanicals Cornhole 0 Low 6 top , v Standing 4 top ie uia Mechanicals nn ai Standing 4 top Existing railing All mechanicals will have 6' privacy fences. All Privacy fences will feature a 42" drink rail. High top tables will be without stools, or use indoor stools. Low 6 top will be wrought iron. 2 lanes to book. Groups of up to 6. Each groups stays behind there area of drink rail. Union Alleyway iliwater THE BIRTHPLACE OF MINNESOTA DATE: May 27, 2020 TO: Mayor & Council Members APPLICANT: Tilted Tiki REQUEST: Liquor license amendment for outdoor seating area LOCATION: 324 S Main St REVIEWERS: City Administrator McCarty, City Attorney Land City Clerk Wolf, Police Chief Gannaway, Assistant Fire Chief Ballis Community Development Director Turnblad BACKGROUND The Tilted Tiki, 324 S Main St, has submitted an application for the temporary use of three on -street parking spaces on Main Street. These spaces would be used for outdoor seating areas, which would include alcohol service. SPECIFIC REQUEST 1. Use of three on -street parking space on Main Street for outdoor seating. 2. Amendment of liquor license to temporarily add outdoor seating areas to premises. COMMENTS 1. The on -street parking spaces on Main Street cannot be automatically approved, since it is MnDOT right of way. However, MnDOT is considering allowing Cities to approve spaces in this situation for outdoor seating. Permission could be granted with that condition. 2. As seen in the photo below, Tilted Tiki is requesting all of the on -street parking spaces in front of the Grand Garage. And, parking is not allowed in the most southerly of these spots. 3. Only one of the requested spaces is entirely in front of the Tilted Tiki s patio. So, prior to issuing the amended liquor license for the outdoor seating area, the OSA Permit May 27, 2020 Page 2 property owner of the Grand Garage must submit in writing that they consent to Tilted Tiki s request. RECOMMENDATION Staff recommends approval of the license amendment for the on -street parking spaces with the following conditions: 1) The property owner must submit written consent to the City for use of all three spaces. 2) MnDOT must approve of the use. 3) The liquor license amendment must incorporate any conditions found necessary by the Stillwater Fire Department, Minnesota AGED and Washington County Public Health & Environment. iliwater THE BIRTHPLACE OF MINNESOTA DATE: May 27, 2020 TO: Mayor & Council Members APPLICANT: The Velveteen REQUEST: Liquor license amendment for outdoor seating area LOCATION: 123 N Second St REVIEWERS: City Administrator McCarty, City Attorney Land City Clerk Wolf, Police Chief Gannaway, Assistant Fire Chief Ballis Community Development Director Turnblad BACKGROUND The Velveteen, 123 N Second Street, has submitted a permit application for the temporary use of four on -street parking spaces as well as the City's Sunken Garden on Second Street. These spaces would be used for outdoor seating areas, which would include alcohol service. SPECIFIC REQUEST 1. Use of four on -street parking space on Second Street for outdoor seating. 2. Use of the Sunken Garden on Second Street for outdoor seating. 3. Amendment of liquor license to temporarily add outdoor seating areas to premises. COMMENTS 1. About 20 feet of the loading area in front of the JX Event Center is requested to be used for outdoor seating area for the Velveteen. If the owner of the property concurs, staff would support this. OSA Permit May 26, 2020 Page 2 Table Of Contents Odd 0 0 Layers 00 Velveteen request 0 0 On -street handicapped ❑ O 0 On -street Parking 0 15 minute parking limit ■ 30 minute parking limit • Loading/unloading • Valet ❑ Bus loading/unloading • Bus parking 0 0 PARCELS 0 ❑ numbers,dwg Group Layer 110 2803020.tif 0 ❑ Sec2B_Topo.dwg Group Lay p 0 2803020.tif p 0 2803020.tif 0 ❑ Lot_14_expansion 2. Two of the on -street parking spaces are in front of the Sunken Garden. Typically, staff would not support a request for outdoor seating space in front of property not connected to the business making the request. But, in this case, there would be no competing requests for the spaces. So, staff supports this. 3. The Sunken Garden is also requested to be used by the Velveteen for dining area. Since this is public park property, City Council would have to make a decision on whether to grant this portion of the request. Staff is hesitant to recommend approval because of the precedent it would likely set. RECOMMENDATION Staff recommends approval in part and denial in part. We recommend approval of the liquor license amendment for the on -street spaces, if the property owner concurs with use of one of the loading spaces for seating, with conditions found above and any conditions attached by the Stillwater Fire Department, Minnesota AGED and Washington County Public Health & Environment. However, staff recommends denial of the request to use the Sunken Garden for an outdoor seating area. Attachments: Permit application materials 5/26/2020 123 2nd St N - Google Maps Lowell Par. ,J v Caddy Bear Park 0 <LI 123 2nd St N M go Image capture: May 2019 Stillwater, Minnesota Google Street View <1> © 2020 Google Avo https://www.google.com/maps/place/ 123+2nd+St+N.+Stillwater.+MN+55082/@45.0567714,-92.8076959 3a.90y.72.32h.89. 19t/data=!3m6! I e I !3m4! I syHV v I Ct6xc... I/ I iliwater THE BIRTHPLACE OF MINNESOTA DATE: May 27, 2020 TO: Mayor & Council Members APPLICANT: The Zephyr Theater REQUEST: Liquor license amendment for outside sales area LOCATION: 601 N Main Street REVIEWERS: City Clerk Wolf Community Development Director Turnblad BACKGROUND The Zephyr Theater, 601 N Main Street, has submitted an application for the temporary use of their private parking lot as outside seating area. This would be used for food and beverage service, including alcohol. The parking lot seating area permit does not need Council review, but the request to expand the liquor license to include the parking lot does. SPECIFIC REQUEST Amendment of liquor license to temporarily add parking lot to premises. COMMENTS The proposed outside seating area is wholly contained on private property, as seen in the site plan on the next page. It is property fenced and meets liquor license standards. RECOMMENDATIONS Staff recommends approval of the liquor license amendment with the condition that the liquor license amendment must incorporate any conditions found necessary by the Stillwater Fire Department, Minnesota AGED and Washington County Public Health & Environment. OSA Permit May 27, 2020 Page 2 1111I111IIi111lit111I1I1l111I111IIf111l11111111111111111111111111111111111111111111111III III! iliwater THE BIRTHPLACE OF MINNESOTA DATE: May 27, 2020 TO: Mayor & Council Members APPLICANT: Ziggy's REQUEST: Liquor license amendment for outdoor seating area LOCATION: 132 S Main St REVIEWERS: City Administrator McCarty, City Attorney Land City Clerk Wolf, Police Chief Gannaway, Assistant Fire Chief Ballis Community Development Director Turnblad BACKGROUND Ziggy's, 132 S Main, has submitted a permit application for the use of three on -street parking spaces on Chestnut Street and one on Main Street. These spaces would be used as outside seating areas and include alcohol service. SPECIFIC REQUEST A. Use of one on -street parking space on Main Street for outdoor seating. B. Use of three on -street parking spaces on Chestnut Street, including one loading zone, for outdoor seating. C. Amendment of liquor license to temporarily add outdoor seating areas to premises. COMMENTS 1. The parking spaces requested for use are shown as Areas 1 and 2 in the map to the right. 2. Area 2 is located in the southbound through lane of Table Of Contents ❑A44. u 0 Layers O 0 Ziggy's 0 0 0 On -street handicapped 0 0 On -street Parking El 15 minute parking limit 30 minute parking limit • Loading/unloading Valet El Bus loading/unloading Bus parking 0+ v0 PARCELS 0+ 0 numbers.dwg Group Layer 0+ 0 Sec28 Topo.dwg Group Lay 0+ 0 Converted Graphics_11 0+ 0 28030201it 00 0 2803020.tit O 0 2803020tif OSA Permit May 27, 2020 Page 2 Main Street. It cannot be permitted. 3. Area 1 has the equivalent of three parking spaces. All are directly adjacent to Ziggy's. Though, one of them is a portion of a heavily used loading zone. 4. If Washington County allows the closure of Chestnut Street west of Main, then Ziggy's is requesting a larger seating area on Chestnut. That can be seen in the application materials attached. RECOMMENDATION Staff recommends approving the liquor license amendment for Chestnut Street, either Area 1 as shown above, or enlarged if Washington County approves. But, staff recommends denial of the use of Area 2 on Main Street. If the Stillwater Fire Department, Minnesota AGED or Washington County Public Health & Environment require conditions, they must be incorporated into the amended license. Attachments: Permit application materials Sketch 88ft ZIGGY'S ON MAIN 0 Entry 4ft SIDEWALK O O O O O O> O 4ft a) m 64ft CHESTNUT 6ft Buffer 12ft moo 110- Entry 24ft SIDEWALK 0 0 Oft Buffer 0 J 6ft NORTH Z Q G Sketch SEE ADDENDUM FOR ADDITIONAL SEATING & DESIGN DETAILS 80ft ZIGGY'S ON MAIN 132 Main Street S PREFERRED PLAN FOR CHESTNUT cri Entry CHESTNUT SIDEWALK g o N 12ft Entry 4ft ,. 20ft O 0 0 05 0 O 0 0 m 25ft SIDEWALK O N Eft Buffer 0 0 4ft r Buffer 6ft NORTH W 0 Application for Permit to Temporarily Conduct Outdoor Business Sales Ziggy's On Main Addendum to Site Plan The attached site plan indicates parklets on Main Street and on Chestnut. The tables indicated as diamond shaped are 30"x30" and are spaced at least 6 feet from adjacent tables. Seating capacity on Chestnut is 28 as drawn (7 tables x 4 people, max). Main Street parklet contains two 30"x30" tables and two 48"x30" tables with a seating capacity of 16. Each parklet has 4-foot buffer zones indicated on each end. The parklet structures will be standard deck construction with a composite decking surface. The parklet area will be fenced on three sides by a combination of 30" planters and picket fence. Each parklet will be built in the style and form of the examples presented by the City. Our preferred plan for Chestnut is to close the street to vehicle traffic on the west and east side of Main Street. This would also benefit Leo's significantly due to his short storefront on Main. We would build a 20x25 parklet for improved seating and views for visitors. This would allow for a better flow and seating of pedestrians and contribute to the ambience of the new Main Street. We would feature planters and fencing as in the above site plan and make it attractive to pedestrians. I have also included a site plan with this shape of parklet indicated. RESOLUTION 2020- RESOLUTION APPROVING AMENDMENT TO LIQUOR LICENSE FOR ADDITIONAL TEMPORARY LICENSE PREMISES WHEREAS, a request from the following businesses have been received to add temporary outside seating adjacent to their building as an amendment to their liquor license premises; and WHEREAS, the additional outside seating area is temporary and will only be permitted during COVID-19 as executed by Governor Walz; and WHEREAS, the request meets State Statute restrictions that the premises must be "compact and contiguous"; and WHEREAS, adding the additional space to their licensed premises would allow the businesses to expand their establishment and provide safe distancing while dining during the COVID-19 social distancing requirements. BE IT RESOLVED, that the Stillwater City Council hereby approves the additional licensed premises, conditioned upon the following: 1. Approvals from the Community Development Department, Building Department, Fire Department, Police Department, Minnesota AGED and Washington County Public Health & Environment (if applicable) are received. 2. Businesses must adhere to all Executive Orders issued by the Governor during this pandemic. 3. Upon expiration of the COVID-19 Governors Executive Orders, serving liquor to the temporary outside seating area must cease and the temporary premises area be removed. THEREFORE BE IT FURTHER RESOLVED, that the Stillwater City Council of Stillwater Minnesota hereby approves the additional licensed premises listed below as contingent above: Doing Business As Licensee Name Premise Address Brian's Two Brians, LLC 219 Main St S Freight House Freight House, LLC 305 Water St S Harbor Bar EKS Inc 517 Owens St N Lift Bridge Brewing Company Lift Bridge Brewing Technologies, LLC 1900 Tower Dr Lolito MAV Hospitality, LLC 112 Main St N Mad Capper Mad Capper Saloon and Eatery Inc. 224 Main St S Maple Island Brewing Maple Island Brewing, LLC 225 Main St N Match Stick Restaurant 232, LLC 232 Main St N IDoing Business As Licensee Nam • Premise Address Mon Petit Cheri Mon Petit Cheri LLC 310 Main St S Nacho Mamas VDR Inc. 312 Main St S No -Neck Tony's TJ Stillwater LLC 231 Myrtle St E Norman Quacks Otherguys, LLC 1400 Frontage Rd W Quickfire Pizza L and L Companies LLC 116 Main St S The Lumberjack The Lumberjack Company 123 2nd St N, Ste 102 The Tilted Tiki The Tilted Tiki, Inc. 324 Main St S The Velveteen The Velveteen LLC 123 2nd St N The Zephyr Theatre Only A Dim Image Productions 601 Main St N Ziggy's West Stardust Endeavors, LLC 132 Main St S Adopted by the Stillwater City Council this 27th day of May 2020. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Bill Turnblad From: Sara Jespersen <sara@thelumberjackmn.com> Sent: Monday, May 25, 2020 11:11 AM To: Bill Turnblad Cc: Beth Wolf; Dariush Moslemi; Joe Ehlenz; Judd Sather; David Junker; Mike Polehna Subject: Re: Outdoor sales area permit Attachments: Temp LJ patio & Shared Union Alley (1).pdf; Scan 13.pdf; Scan 12.pdf; Scan 11.pdf; Scan 10.pdf Attached is the application. You will also see the patio plus shared alley option. All the restaurants that back up to the alley would like to share the alley space for food/alcohol use. We've been working on a clean, shared alley for nearly a year now. Dave J & Mike P are very knowledgeable about the union alley clean up. I will go take measurements today of the alley and storefronts and send it shortly. The Velveteen is exploring other options too, but would like to know if this can be an option depending on what the city chooses to allow. Sara Jespersen 651-308-3552 1123 2nd St N. Ste 102 On Mon, May 25, 2020 at 9:14 AM Bill Turnblad <bturnblad@ci.stillwater.mn.us> wrote: Sara, I am working on your permit request for you outdoor sales area this morning. Since there is no actual application, I'm reviewing your permit in the dark. I think Beth may have sent you an email requesting more information. But, in order to help me this morning, could you simply verify whether the attached graphic reasonably represents the location of your outdoor area? If I understand correctly, this temporary area would be on the patio area adjacent to the JX Event Center, and not in the alley. Is that correct? i r MODERN ROOTS Lolito•Cantina w.TTaakeout •• wall ._� •• Alluring Lash and Spa • • Osaka Sus,}i{ Snug eatery for typical Japanese fare hol Shared Union Alley Velveteen Lumberjack Lolito Osaka Shared Garbage LJ Patio Lumberjack 1._ Cn 15' 23' 26' 32' /eM/ally uo!un Osaka Lolito The Birthplace of Minnesota SPECIAL MEETING I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. OTHER BUSINESS 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us AGENDA SPECIAL CITY COUNCIL MEETING May 27, 2020 5:00 P.M. 1. Business Recovery Efforts to Promote Business Activities during the COVID-19 Health Pandemic a) Temporary Waiver of City Code Permit & Zoning Requirements - Resolution b) Temporary Outdoor Business Sales Permit Application Update c) Approval of Temporary Liquor License Premises Expansion for permitted businesses - Resolution (available Wednesday) d) Options for Temporary Use of Chestnut Street Plaza (Main Street to Lift Bridge) e) Additional related items V. ADJOURNMENT RESOLUTION NO. 2020- CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA A RESOLUTION APPROVING TEMPORARY WAIVER OF CITY CODE PERMIT AND ZONING REQUIREMENTS TO PROMOTE BUSINESS ACTIVITIES DURING THE COVID-19 HEALTH PANDEMIC WHEREAS, on March 13, 2020 Minnesota Governor Tim Walz issued Executive Order 20-01 declaring a Peace Time Emergency and Coordinating Minnesota's Strategy to Protect Minnesotans from COVID-19, and WHEREAS, in response, on March 16, 2020 Mayor Kozlowski declared a Local Emergency in recognition of the community risk posed by COVID-19, and WHEREAS, on March 17, 2020, the City of Stillwater City Council adopted the Local Emergency declaration and invoked the city emergency plan and authorized appropriate response strategies to the pandemic, and WHEREAS, the City of Stillwater City Council recognizes the continued risk and threat of community spread of the COVID-19 virus and the negative impact it has had on local business and further recognizes the potential negative impact that may continue upon reopening absent the ability of businesses to provide appropriate distancing between its patrons and its employees while operating profitably, and WHEREAS, in furtherance of the federal, state and local government response, there is a need to provide multiple, additional, or alternative customer service areas on commercial sites within the City in order to limit forward -facing exchanges between customers and employees and to promote physical and social distancing between patrons of a business and persons engaged in business activities. NOW, THEREFORE, be it resolved that the City Council of the City of Stillwater does hereby authorize the following: 1. A business located in a commercial or industrial zone may establish drive -up or drive- through areas, customer ordering, waiting or pick-up areas, or customer seating or service areas on its property to facilitate safe commercial activity conducted consistent with federal and state orders or health and safety guidelines, in accordance with the following: a. The Community Development Department shall have the authority to establish performance standards to implement the terms of this Resolution. b. Other than an amendment to a liquor license, no zoning, conditional use, or any other Stillwater permit as otherwise required under City Code or Zoning Code shall be required for any temporary structure or operation related to customer service, waiting or dining seating areas; or on -site signage and storage; or other temporary outdoor use is proposed to occur outside of the business establishment provided the Community Development Department's performance standards are met. c. Any temporary structure or operation related to customer service, waiting or dining seating areas; or on -site signage and storage; or other temporary outdoor use proposed to occur outside of the business establishment that is otherwise prohibited by City Code or Zoning Code may be permitted subject to approval of the Community Development Department or Council as set forth herein. d. Any business that desires to take advantage of such opportunity must complete an application form prepared by the Community Development Department. e. The Community Development Director or designee shall have the authority to review and approve or deny a permit for any proposed temporary structure or operation related to customer service, waiting or dining seating areas; or on -site signage and storage; or other temporary outdoor use that is proposed to occur outside of the business establishment in accordance with the established performance standards. f. All operations allowed hereunder must comply with the Community Development Department's established performance standards. 2. Any on -sale liquor establishment shall be required to obtain City Council approval to amend its service area, which approval shall not be denied as long as it complies with the Community Development Department's performance standards. 3. The authority granted to the Community Development Director hereunder shall not otherwise allow any use or operation that is not in compliance with any federal laws or regulations, Minnesota statutes and regulations, including State Building and Fire Codes, and the Minnesota liquor licensing regulations. 4. The City reserves the right to revoke and terminate permission of any drive -up or drive- through areas, customer ordering, waiting or pick-up areas, or customer seating or service areas if it is in the interest of the public health, safety and welfare, as determined by the Police Chief or City Administrator. 5. This Resolution is effective immediately subject to federal and state laws or orders relative to the permissibility of business operations and unless terminated earlier by the Council, shall be in effect through November 1, 2020. Adopted by the City Council of the City of Stillwater, Minnesota this day of 2020. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk DEPARTMENT OF 395 John Ireland Blvd. TRANSPORTATION St. Paul, MN 55155-1800 May 22, 2020 Mr. Tom McCarty City of Stillwater Stillwater City Hall 216 Fourth Street Stillwater, MN 55082 Re: Lease #82019/Chestnut Street Mn/DOT and the City of Stillwater Commencement Date Dear Mr. McCarty; In accordance with Section 1 of the Lease by and between the State of Minnesota, Department of Transportation and City of Stillwater for the above -referenced Lease, the commencement date was delayed due to a construction project affecting the Lift Bridge. The substantial completion of the conversion of the Lift Bridge is expected to be Sunday May 31, 2020. For purposes of establishing a commencement date for the lease, this letter is the formal notice confirming the commencement date of the lease to be: Monday June 1, 2020, with the expiration date of: May 31, 2050. If you have any questions or concerns on the enclosed, please call me at 651-366- 3476. Sincerely, Bonnie McCabe Real Estate Specialist CO - Central Office c: Todd Clarkowski, St. Croix Crossing Project Coordinator Adam Josephson, East Area Manager Eric Rustad, Engineer Sr. Northeast Resident Office Janet Kinney, Metro Real Estate Senior