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HomeMy WebLinkAboutX-E-01 (a,b) 1st Reading - Ordinance Amendments - City Code Chapter 90.16 Sidewalk Cafés and Chapter 90.17 Parklets City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Emily King, Deputy City Clerk Date: February 18, 2025 Item: 1st Reading: Ordinance Amendment – City Code Chapter 90.16 – Sidewalk Cafés and Chapter 90.17 – Parklets Council Action Requested: Consider First Reading of the amendments to Hastings City Code Chapter 90.16 regarding Sidewalk Cafés and Chapter 90.17 regarding Parklets. Background Information: City staff is proposing ordinance amendments to Chapter 90.16 and Chapter 90.17 of the Hastings City Code. In 2024, City staff met with a few downtown business owners regarding the existing requirements of Sidewalk Cafés and Parklets. Business owners expressed interest in expanding the allowable parklet boundaries. As a result, staff is proposing ordinance amendments to both chapters of the Hastings City Code defining the ability to expand the footprint for parklets while maintaining an accessible walkway. Additional amendments provide clarifying ordinance language around definitions and conditions for the license. Financial Impact: N/A Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: • First Reading Ordinance Amendment: Chapter 90.16 – Sidewalk Cafés • First Reading Ordinance Amendment: Chapter 90.17 – Parklets X-E-01 (a,b) ORDINANCE NO. ___________ AN ORDINANCE FOR THE CITY OF HASTINGS, MINNESOTA, AMENDING HASTINGS CITY CODE CHAPTERS 90.16, REGARDING SIDEWALK CAFÉS The City Council of the City of Hastings, Dakota County, Minnesota, does hereby ordain as follows: SECTION 1. AMENDMENT. The Code of the City of Hastings, County of Dakota, State of Minnesota, Chapter 90.16, regarding sidewalk cafés shall be amended as follows: 90.16 Sidewalk Cafés A. Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning. SIDEWALK CAFÉ. A grouping of tables, chairs, and related items located wholly or partially within a public sidewalk or right-of-way for the purposes of service and consumption of food and beverages by patrons, when located immediately adjacent to a food and beverage service establishment having a common operator. PATIO IGLOO. A heated, transparent structure made of plastic that is set up on a patio for outdoor dining. STAMPED CONCRETE. A concrete surface that has been imprinted with a pattern or texture to mimic other materials. B. Sidewalk Cafés Authorized. Sidewalk cafés with or without service of alcohol may be located on public sidewalks or right-of-ways subject to a license issued by the City Council pursuant to this section. C. General Requirements. Installation and operation of all sidewalk cafés are subject to the following requirements and sidewalk cafés serving intoxicating liquor, beer or wine are additionally subject to the applicable requirements of Chapter 111. 1. No person, business, or entity may use a public sidewalk to place tables, chairs, or other seatingrelated items on a public sidewalk or right-of-way in conjunction with a businessfood and beverage establishment without first obtaining a sidewalk café license from the City. 2. A license is not required under this chapter for a business to temporarily place stands, racks, or tables on a public sidewalk or right-of-way to display their goods or products during a community celebration authorized by the City. 1.3.Sidewalk cafés may only be installed and operated from during the hours of operation of the food service and beverage establishment provided that no sidewalk café may be operated between the hours of 11:00 p.m. and 11:00 a.m. Tables, chairs, furnishings, planters, fences or other obstructions shall be immediately X-E-01 (a,b) removed from public sidewalks when the license holder is no longer operating the Sidewalk Café due to changing seasons. Tables, chairs, furnishing, planters, fences or other obstructions shall not impede snow removal efforts. The City Council may further restrict the hours of operation of a sidewalk café based upon the proximity to residential dwelling units, and upon considerations relating to the safety, repose and welfare of residents, businesses and other uses near the establishment. Furniture and fixtures may be stored overnight within the sidewalk café area provided the licensee shall ensure all items are stored and secured in a neat and orderly manner. 2.4.All sidewalk cafés must abut and be operated as part of the food and beverage service establishment operated by the applicant and shall have delineated limits separating the sidewalk café from the travelled portion of the sidewalk. Sidewalk cafés serving intoxicating liquor, beer or wine must have a visually appealing and continuous barrier made of fencing or planters surrounding the entire sidewalk café area which must be compact and contiguous with the enclosed portion of the licensed premises. No licensee shall expand modify a sidewalk café without first obtaining an amended sidewalk café license covering the additional space. 3.5.Only food or beverages for immediate consumption may be offered for sale and no alcoholic beverages may be dispensed from within the sidewalk café. The licensee shall provide food service in all sidewalk café areas during all hours of operation. Food service may consist of less than a full menu, but menu but shall at all times offer a substantial choice of main courses, other food items, and non-alcoholic beverages. An establishment that offers a regular menu to customers with food items delivered from other local fgood service establishments for purposes of this Chapter and those portions of Chapter 111 regulating sidewalk cafes provided that sidewalk café operations shall be allowed only during the times when food delivery if is offered. Glassware may be used in the service of food and beverages but only to the extent such use does not create a safety hazard for patrons or the public in adjacent areas and the licensee is responsible to for the immediately removal ofe any broken glass from the premises. 4.6.No licensee shall allow entertainment within a sidewalk café, including non-live entertainment such as radio, taped music and television unless the same is expressly approved in writing by the City Council and in no event shall noise be generated that would unreasonably annoy or interfere with neighboring property owners or, occupants, or the public. 5.7.No sidewalk café may: (i) unduly restrict the safe usage of any roadway, or the sidewalk, or right-of-way by the public after taking into consideration the locations of obstructions, vehicular traffic and other impediments to the passage of vehicles and pedestrians; (ii) be located within ten (10) feet of any traffic signal, crosswalk or pedestrian curb cut; or (iii) adjoin any premises other than the applicant’s food and beverageservice establishment. All signs, including sandwich boards, must comply with Chapter 155 and no signs may be placed in a manner that would obstruct a pedestrian sidewalk the licensee is otherwise required to keep clear and unobstructed. 6.8.Fencing and planters shall be visually appealing and constructed of high-quality, durable materials, maintained in good condition and shall not be permanently attached to the sidewalk or right-of-way. Fences and planters shall not exceed three X-E-01 (a,b) (3) feet in height, provided live plants may extend to a height of not more than six (6) feet, all as measured from the surface of the sidewalk or right-of-way. Planters must include live plants and must be well maintained at all times. 7.9.Sidewalk cafés shall be handicap accessible, and shall be installed in a manner complying with all ADA requirements, and shall provide for a minimum of four (4) feet of clear, unobstructed pedestrian walkway between all obstructions and the edge of the sidewalk café. Portions of the sidewalk that contain stamped concrete shall not be included in the required minimum walkway. No employee or server may obstruct pedestrian walkways at any time. 8.10. Operation of a sidewalk café must comply with all provisions of the Minnesota Clean Indoor Air Act. 9.11. No sidewalk café shall be installed or operated, and no license shall be issued, for any location where the same is prohibited by state or local law and the ownership, operation and maintenance of all sidewalk cafés shall be subject to all applicable laws, ordinances and regulations. 10.12. The licensee shall maintain the sidewalk café in a clean and sanitary condition and shall be responsible for theto removal ofe all trash and litter generated by the operation of the sidewalk café within a reasonable distance from the area. The licensee shall be responsible for all costs of repairing any damage to the sidewalk, right-of-way, or other public property caused by the use of the sidewalk, right-of-way, or public property as a sidewalk café. If the City Council approves any improvements to the sidewalk or right-of-way necessary for the licensee to operate a sidewalk café, the costs of such improvements plus any administrative costs shall be paid for in advance by the licensee. 11.13. All sidewalk café licensees must at all times maintain commercial liability insurance covering the licensed premises and the sidewalk café area with minimum policy limits for bodily injury or death of not less than $1,000,000 per occurrence and $1,000,000 annual aggregate and for property damage of not less than $50,000. Proof of the required liability insurance shall be in the form of a certificate of insurance or some other form acceptable to the City Attorney and City Clerk. All liability insurance policies required herein shall name the Ccity as any additional insured and shall provide that there shall be no cancellation of the policy for any cause, by the insured or by the insurance company, without first giving 10-days’ written notice to the Ccity, addressed to the City Clerk. Operation of a sidewalk café or liquor sales by a licensee without required liability insurance coverage shall be grounds for immediate suspension or revocation of the license. In addition, the licensee shall indemnify and hold harmless the cCity, the Ccity’s public officials, employees and agents from any loss, costs, damages and expenses arising out of the use, design, operation or maintenance of the sidewalk café. These insurance and indemnification requirements shall be memorialized in a license agreement signed by the licensee prior to the initial issuance of the sidewalk café license and upon any renewal thereof., but Ffailure of the Ccity and the licensee to execute such a license agreement shall not alleviate the licensee of its insurance and indemnification obligations hereunder. 12.14. The Ccity shall retain the right to remove or cause to be removed, any tables, chairs, furnishings, planters, fences or other obstructions from the sidewalk or X-E-01 (a,b) public right-of-way as necessary to access public utilities and facilities, during community civic festivals, celebrations and other events, or if the cCity reasonably determines any such item(s) or items create an unreasonable risk to public health or safety. The Ccity shall endeavor to give reasonable advance notice to the licensee that items need to be removed or relocated. 15. Gas powered and heating features are permitted within sidewalk cafés but shall require inspection by the City’s Fire Department. 16. Sidewalk Cafés shall not be installed prior to April 1 of each year unless otherwise approved by the City Administrator or his/her designee. 17. Sidewalk Cafés shall be seasonal in nature and be removed by November 1 of each year or when directed by the City Administrator or his/her designee. a. The City shall provide sidewalk café licensees with as much advance notice as possible in the event an infrastructure emergency that would require the sidewalk café to be removed from City sidewalk or right of way. 18. A businesslicensee may request an extension of their sidewalk café to place patio igloos during the winter months. If authorized, the business licensee shall be responsible for all maintenance and snow removal. D. License Applications. 1. An applicant for a sidewalk café license shall file an application on forms provided by the City Clerk which shall include, in addition to any other information required by the City, the following: a. The business name, address, phone number and contact person. b. A site plan of the proposed sidewalk café drawn to scale covering the entire area between the curb and building showing locations of the property lines, curbs, all streets in front of and adjacent to the property, all sidewalk dimensions measured from the building face to the back of the curb including the stamped concrete, all existing facilities and obstructions within the right-of-way, the proposed location of all sidewalk café fixtures, including but not limited to tables, chairs, umbrellas, planters, fences, barricades, lighting, patio igloos, and heaters, and the proposed limits of the sidewalk café. c. Photographs and manufacturer specifications for all proposed sidewalk café furniture and fixtures. d. Description and locations of any sound, television or video systems proposed for the sidewalk café. e. Description of all food and beverages that will be served within the sidewalk café and the proposed hours of operation. f. Description of all points of access between the building and the sidewalk café and exterior areas. g. Description of ingress and egress arrangements including those necessary to provide handicap accessibility and control of persons entering and leaving the premises to prevent consumption of alcohol by minors and to ensure safety of moveable seating arrangements. X-E-01 (a,b) h. Description of all physical improvements to be constructed to accommodate the sidewalk café. i. An insurance commitment or binder securing all insurance coverage required under this chapter, and Chapter 111, if applicable, on the sidewalk café areas and meeting all requirements for naming the Ccity as an additional insured. j. Any other information known to the applicant that may reasonably impact the issuance of the license including but not limited to objections to the proposed sidewalk café raised by neighboring property owners or the public, obstructions or other factors that may interfere with pedestrian travel on the affected sidewalk or right-of-way area, or conditions that may impact public health or safety if the sidewalk café license is issued. 2. Upon submission of a complete application the City Clerk shall place the application upon the agenda of the next available City Council meeting for which proper notice as required by this section can be given. A public hearing on the application shall be required for all initial sidewalk café applications, all subsequent applications proposing modifications to a sidewalk café site plan, and whenever the City determines a public hearing is necessary to determine whether the criteria for granting a sidewalk café license are satisfied. When applicable, the City Clerk shall cause notice of the public hearing to be given in the same manner as prescribed for special use permits. E. Granting Of License. Following the required public hearing, if any, the City Council may grant or deny the license or refer the matter to any commission or committee for further study. F. Criteria For Issuance And Renewal. No sidewalk café license may be issued or renewed if the results of the investigation or other evidence given to the City Council through any means, shows to the satisfaction of the Council, that the issuance or renewal would not be in the public’s interest. The Council shall make written findings, certifying the sidewalk café will comply with the following criteria. 1. The design and operation satisfy the applicable requirements of this chapter and will be in harmony with the purpose and intent of Chapter 155 and all rules applicable in any Heritage Preservation District within which the sidewalk café is located. 2. The design and operation will not unreasonably interfere with or annoy users of neighboring residential, commercial or public property. 3. The design and operation will not unreasonably interfere with pedestrian or vehicular traffic or access to any public street, utility or other facilities. 4. Where liquor, wine or beer will be served, the licensed premises is compact and contiguous with the premises licensed under Chapter 111 and the design and operation will safeguard against consumption of alcohol by minors. G. Conditions Of License. Every license issued pursuant to this chapter shall be subject to the conditions of this section and all other sections of this chapter and any other applicable ordinance of the Ccity, state law, or federal law, and shall include the following conditions. X-E-01 (a,b) 1. Posting. The license shall be posted in a conspicuous place in the licensed establishment at all times. 2. Additional conditions. The City Council may, upon a finding of necessity, place the conditions and restrictions upon the license as itthe City Council, at its discretion, may deem reasonable and justified to protect the public interest. 3. Licenses limited to certain areas. All fixtures shall be placed, and all operations conducted, within the space described on the license. 4. Inspection by peace officers or health officers. All sidewalk cafés shall be subject to annual compliance inspections and no licensee or employee of a licensee shall hinder or prevent a peace officer, health officer, building official, fire official, or any other employee so designated by the City Council or City Administrator from entering upon and inspecting the licensed premises during business hours, without a search warrant. 5. Responsibility of licensee. Every licensee, whether actually present on the licensed premises or not, shall be responsible for the conduct of the licensed premises and shall maintain conditions of sobriety and order on the licensed premises. 6. Payment of WAC and SAC. Licensees shall pay all additional WAC and SAC imposed as a result of additional seating offered within a sidewalk café. H. Transfer Of License. No license issued pursuant to this chapter shall be transferrable to another person or entity nor may any such license be transferred to a different location. I. Expiration Of License. Every license issued under this chapter shall expire on December 31st of each year, regardless of when the license was issued. J. Suspension Or Revocation Of License. The City Council may suspend, revoke or deny renewal of any sidewalk café license, upon the violation of any license condition or of any provision or condition of this chapter, any other Ccity ordinance, or of any state or federal law. Before the Council shall suspend or revoke any license issued under this chapter, the licensee shall be given at least 10-days’ notice stating the time and place of the hearing and the charges against the licensee. SECTION 3. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance. The text amendment adopted by the Hastings City Council on _________________, 2025 amends the City Ordinance to allow the City to regulate Sidewalk Cafés. SECTION 4. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication according to law. Passed this _____ day of _______________, 2025. X-E-01 (a,b) _____________________________ Mary D. Fasbender, Mayor Attest: ___________________________ Kelly Murtaugh, City Clerk Published in the Hastings Journal on _______________ and ________________. X-E-01 (a,b) ORDINANCE NO. ___________ AN ORDINANCE FOR THE CITY OF HASTINGS, MINNESOTA, AMENDING HASTINGS CITY CODE CHAPTERS 90.17, REGARDING PARKLETS The City Council of the City of Hastings, Dakota County, Minnesota, does hereby ordain as follows: SECTION 1. AMENDMENT. The Code of the City of Hastings, County of Dakota, State of Minnesota, Chapter 90.17, regarding parklets shall be amended as follows: 90.17 Parklets A. Definition. For the purposes of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning. PARKLET. An area for commercial business activities, which may include food and beverage services, utilizing on-street parking spaces within City right-of-way, and located adjacent to a commercial establishment having a common operator. Parklets are distinct and separate from Sidewalk Cafes as regulated under Chapter 90.16. STAMPED CONCRETE. A concrete surface that has been imprinted with a pattern or texture to mimic other materials. B. Parklets Authorized. Parklets with or without service of alcohol may be located within a public right of way subject to a license issued by the City of Hastings pursuant to this section. C. General Requirements. Installation and operation of all parklets are subject to the following requirements and parklets serving intoxicating liquor, beer or wine are additionally subject to the applicable requirements of Chapter 111. 1. Parklets may only be operated during the hours of operation of the food and beverage service establishment provided that no pParklet may be operated between the hours of 11:00 p.m. and 11:00 a.m. The City Council may further restrict or expand the hours of operation of a parklet based upon the proximity to residential dwelling units, and upon considerations relating to the safety, repose and welfare of residents, businesses and other uses near the establishment. Furniture and fixtures may be stored overnight within the parklet provided the licensee shall ensure all items are stored and secured in a neat and orderly manner. 2. All parklets shall have a visually appealing and continuous barrier made of fencing or planters surrounding the street and parking sides of the parklet area which must be compact and contiguous with the enclosed portion of the licensed premises. Licensees may request to expand a parklet onto the stamped concrete portion of the adjacent sidewalk. No licensee shall expand a parklet without first obtaining an amended parklet license covering the additional space. If a licensee requests to expand their parklet onto the stamped concrete portion of the sidewalk, the business shall would not be permitted to obtain a sidewalk café license in conjunction with the parklet license unless applicant is able to comply with all ADA requirements to provide for a minimum of four (4) feet of clear unobstructed pedestrian walkway. X-E-01 (a,b) 3. Only food or beverages for immediate consumption may be offered for sale and no alcoholic beverages may be dispensed from within the parklet. The licensee shall provide food service in all parklet areas during all hours of operation. Food service may consist of less than a full menu, but menu but shall at all times offer a substantial choice of main courses, other food items, and non-alcoholic beverages. An establishment that offers a regular menu to customers with food items delivered from other local fgood service establishments for purposes of this Chapter and those portions of Chapter 111 regulating parklets provided that parklet operations shall be allowed only during the times when food delivery ifis offered. Glassware may be used in the service of food and beverages but only to the extent such use does not create a safety hazard for patrons or the public in adjacent areas and the licensee is responsible to for the immediately removal ofe any broken glass from the premisesparklet. 4. Non-live entertainment such as radio, recorded music and television is only permitted within a parklet if it is expressly requested and approved by the City Council at the time of Parklet License issuance and if approved shall not generate noise that would unreasonably annoy or interfere with neighboring property owners, or occupants, or the public. 5. Live entertainment shall be permitted within parklets so long as sound does not generate noise that would unreasonably annoy or interfere with neighboring property owners, or occupants, or the public. 6. Operation of a parklet must comply with all provisions of the Minnesota Clean Indoor Air Act. 7. No parklet shall be installed or operated, and no license shall be issued, for any location where the samea parklet is prohibited by state or local law. Tand the ownership, operation and maintenance of all parklets shall be subject to all applicable laws, ordinances and regulations. 8. The Parklet Licensee shall maintain the pParklet in a clean and sanitary condition and shall be responsible for the to removeremoval of all trash and litter generated by the operation of the parklet. Trash and litter removed from the parklet shall be disposed of within a reasonable distance from the area parklet each day. The Licensee shall be responsible for all costs of repairing any damage to the roadway, sidewalk or other public property caused by the use of the parklet. 9. All Parklet Licensees must at all times maintain commercial liability insurance covering the licensed premises and the parklet area with minimum policy limits for bodily injury or death of not less than $1,500,000 per occurrence and $1,500,000 annual aggregate. a. Proof of the required liability insurance shall be in the form of a certificate of insurance or some other form acceptable to the City Attorney and City Clerk. b. All liability insurance policies required herein shall name the Ccity as any additional insured and shall provide that there shall be no cancellation of the policy for any cause, by the insured or by the insurance company, without first giving 10- days’ written notice to the cCity, addressed to the City Clerk. c. Operation of a parklet by a Licensees without required liability insurance coverage shall be grounds for immediate suspension or revocation of the parklet permitlicense. d. The Licensees shall indemnify and hold harmless the cCity, the Ccity’s public officials, employees and agents from any loss, costs, damages and expenses arising out of the use, design, operation or maintenance of the parklet. e. These insurance and indemnification requirements shall be memorialized in a license agreement signed by the Llicensee prior to the initial issuance of the Pparklet license and upon any renewal thereof., Fbut failure of the Ccity and the Llicensee to execute such a license agreement shall not alleviate the Llicensee of its insurance and indemnification obligations hereunder. X-E-01 (a,b) 10. Parklets located within public parking lots or on streets with parallel parking, shall have a fourteen (14) foot setback to be measured from the centerline of the roadway. 11. Parklets located on streets with non-parallel parking shall have an eighteen (18) foot setback measured from the centerline of the roadway. 12. Parklets shall have a one-foot interior setback from the edge of any adjacent parking stall where the parklet is to be placed. 13. The exterior sidewalls of a pParklet shall consist of planters, railing, cabling, or some other appropriate buffer approved by City Staff. 14. The outside edge and railings of the parklet must not create a visual buffer that inhibits sightlines for motorists or pedestrians. In general, parklets should be placed at least one parking space from corners. Parklets located adjacent to curb bump-outs may allow for closer placement. 14.15. Parklets shall provide for a minimum of four (4) feet of clear, unobstructed pedestrian walkway between all obstructions and the edge of the Parklet. Portions of the Parklet that contain stamped concrete shall not be included in the required minimum walkway. 15.16. Parklets shall not occupy handicapped parking stalls. 16.17. Parklets shall not be installed prior to April 1st of each year unless otherwise approved by the City Administrator or his/her designee. 17.18. Parklets shall be seasonal in nature and be removed by November 1st of each year or when directed by the City Administrator or his/her designee. a. The City shall provide parklet users licensees with as much advance notice as possible in the event of an infrastructure emergency that would require the parklet to be removed from a City right of way. D. Planning Requirements. 1. Parklets shall only be allowed within the C-3 Community Regional Commerce and DC Downtown Core Zoning Districts. 2. Parklets may occupy up to two (2) public parking spaces if the parklet is constructed at an angle to coincide with angular parking, or up to three (3) public parking spaces if the parklet is constructed so that it is square to the curb. Requests for additional public parking spaces may be considered based on its impact to immediately adjacent businesses and the amount of street frontage of the business requesting the parklet. 3. The height of the outside barrier shall be no less than 30 inches and no greater than 42 inches as measured on the street side. Parklet columns or structures exceeding 42 inches must not impair visibility for ingress and egress of vehicles. The outside barrier material shall not consist of chain-link fencing. 4. A minimum overhead clearance of 96 inches must be provided for any parklet that includes a canopy (or similar element) in order to avoid creating a visual barrier and to provide adequate clearance for people. No canopy may be attached to the principal structure. 5. Signage shall not be permitted to be placed onto a parklet. 6. Parklets must incorporate landscape elements which may include planter boxes, hanging planters, green walls, raised beds, or similar features. 7. Lighting is allowed within parklets. Self-contained low-voltage systems, such as solar or battery-powered lights are recommended. Lighting must be directed onto the pParklet so as not to negatively impact surrounding areas. E. Engineering Requirements. 1. Parklet shall not block curb line stormwater drainage, catch basins, fire hydrants, driveways, manholes, or public or private utility valves/covers. X-E-01 (a,b) 2. In no case shall any portion of the parklet, or any furniture placed upon it, obstruct the view of a traffic control device. 3. Parklets shall only be installed on streets with a grade no greater than 5 percent. 4. Curb Interface: a. Parklet design shall allow for stormwater flow and drainage along the curb. b. The maximum horizontal gap between the curb and the parklet surface shall be 1/2 inch where ingress/egress for the parklet is located. c. The maximum vertical gap shall be 1/4 inch between the curb and parklet surface where ingress/egress for the parklet is located. d. The parklet must maintain and accessible connection to the curb to meet the Americans with Disability Act (ADA) requirements. F. Building Code Requirements. 1. Parklets shall comply with Minnesota State Building Code. 2. Parklets must be designed for ADA/ MN Accessibility Code compliance. 3. Although parklets are not required by this ordinance to be on a free-standing structure, if a parklet consisting of a freestanding structure which rests on the street surface or curb is proposed, it shall adhere to all applicable zoning, building, and accessibility codes. No features or structural components may be permanently attached to the street, curb, or adjacent planting strip. If anchoring of structure is needed per MN State Building Code, an alternative design will be needed to suffice code requirements. 4. Gas powered and heating features are permitted within parklets but shall require inspection by the City’s fire department. G. License Applications. 1. An applicant for a parklet license shall file an application on forms provided by the City Clerk which shall include, in addition to any other information required by the City, the following: a. The business name, address, phone number and contact person. b. Parklet Design Building Plans. 2.c. Building plans of a proposed parklet structure must demonstrating demonstrate compliance with Minnesota State Building Code as well as ADA/Accessibility requirements. a.d. Parklet Site Plan: (1) Location on the street. (2) Street and sidewalk utilities (i.e. manholes, catch basins, etc.). (3) Street poles and signs. (4) Fire hydrants and Fire Department connections on adjacent buildings. (5) Existing Location of Street furniture (litter trash cans, benches, etc.). (6) Street trees and tree grates. (7) Parklet dimensions. (8) Parklet materials and details as necessary. (9) Materials, design elements, or other proposed parklet features. (9)(10) Information listed above to include stamped concrete portion of the sidewalk (if requested). b.e. Photographs and manufacturer specifications for all proposed parklet furniture and fixtures. c.f. Description and locations of any sound, television or video systems proposed for the parklet. d.g. Description of all food and beverages that will be served within the parklet and the proposed hours of operation. X-E-01 (a,b) e.h. Description of all points of access between the building and, the parklet, and exterior areas. f.i. Description of ingress and egress arrangements including those necessary to provide handicap accessibility and control of persons entering and leaving the premises to prevent consumption of alcohol by minors and to ensure safety of moveable seating arrangements. g.j. Description of all physical improvements to be constructed to accommodate the parklet. h.k. An insurance commitment or binder securing all insurance coverage required under this chapter and Chapter 111, if applicable, on the parklet areas and meeting all requirements for naming the Ccity as an additional insured. i.l. Any other information known to the applicant that may reasonably impact the issuance of the license including but not limited to objections to the proposed parklet raised by neighboring property owners or the public, obstructions or other factors or conditions that may impact public health or safety if the parklet license is issued. 3.2. Upon submission of a complete application, the City Administrator or designee shall place the application upon the agenda of the next available City Council meeting for which proper notice as required by this section can be given. A public hearing on the application shall be required for all initial parklet applications., A public hearing may be required for all subsequent applications proposing modifications to a parklet site plan, and whenever the City determines a public hearing is necessary to determine whether the criteria for granting a parklet license are satisfied. When applicable, the City Administrator or designee shall cause notice of the public hearing to be given in the same manner as prescribed for special use permits. 4.3. Granting of license. Following the required public hearing, if any, the City Council may grant or deny the license or refer the matter to any commission or committee for further study. 5.4. Criteria for issuance and renewal. No parklet license may be issued or renewed if the results of the investigation or other evidence given to the City Council through any means, shows to the satisfaction of the Council, that the issuance or renewal would not be in the public’s interest. The Council shall make written findings, certifying the parklet will comply with the following criteria. a. The design and operation plans satisfy the applicable requirements of this chapter and will be in harmony with the purpose and intent of Chapter 155, all rules applicable in any Heritage Preservation District within which the parklet is located, and general conformity with the neighborhood. b. The design and operation will not unreasonably interfere with or annoy users of neighboring residential, commercial or public property. c. The design and operation will not unreasonably interfere with pedestrian or vehicular traffic or access to any public street, utility or other facilities. d. Where liquor, wine or beer will be served, the licensed premises is compact and contiguous with the premises licensed under Chapter 111 and the design and operation will safeguard against consumption of alcohol by minors. 6.5. Conditions of license. Every license issued pursuant to this chapter shall be subject to the conditions of this section and all other sections of this chapter and any other applicable ordinance of the Ccity, state law, or federal law, and shall include the following conditions. a. Posting. The license shall be posted in a conspicuous place in the licensed establishment at all times. X-E-01 (a,b) b. Additional conditions. The Council may, upon a finding of necessity, place the additional conditions and restrictions upon the license as itthe Council, at its discretion, may deem reasonable and justified to protect the public interest. c. Licenses limited to certain areas. All fixtures shall be placed, and all operations conducted, within the space described on the license. d. Inspection by peace officers or health officers. All parklets shall be subject to annual compliance inspections and no lLicensee or employee of a lLicensee shall hinder or prevent a peace officer, health officer, building official, fire official, or any other employee so designated by the City Council or City Administrator, from entering upon and inspecting the licensed premises during business hours, without a search warrant. e. Responsibility of lLicensee. Every Llicensee, whether actually present on the licensed premises or not, shall be responsible for the conduct of the licensed premises and shall maintain conditions of sobriety and order on the licensed premises. f. Payment of WAC and SAC. Licensees shall pay any applicable WAC and SAC imposed as a result of additional seating offered within a parklet. 7.6. Transfer of license. No license issued pursuant to this chapter shall be transferrable to another person or entity nor may any such license be transferred to a different location. 8.7. Expiration of license. Every license issued under this chapter shall expire on December 31st of each year, regardless of when the license was issued. 9.8. Suspension or revocation of license. The City Council may suspend, revoke or deny a parklet license, or the renewal of any parklet license, upon the violation of any license condition or of any provision or condition of this chapter, any other Ccity ordinance, or of any state or federal law. Before the Council shall suspend or revoke any license issued under this chapter, the Llicensee shall be given at least 10-days’ notice stating the time and place of the hearing and the allegationscharges against the Llicensee. SECTION 3. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance. The text amendment adopted by the Hastings City Council on _________________, 2025 amends the City Ordinance to allow the City to regulate pParklets. SECTION 4. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication according to law. Passed this _____ day of _______________, 2025. _____________________________ Mary D. Fasbender, Mayor Attest: X-E-01 (a,b) ___________________________ Kelly Murtaugh, City Clerk Published in the Hastings Journal on _______________ and ________________. X-E-01 (a,b)