HomeMy WebLinkAboutX-E-02 (a,b) 2nd Reading and Adoption - Ordinance Amendments - Chapter 90.16 Sidewalk Cafés and 90.17 Parklets
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Emily King, Deputy City Clerk
Date: March 3, 2025
Item: 2nd Reading: Ordinance Amendment – City Code Chapter 90.16 – Sidewalk Cafés and
Chapter 90.17 – Parklets
Council Action Requested:
Consider Second Reading and adoption 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. Staff mailed letters to license holders and the Downtown Business Association on January 24, 2025
and an updated letter on February 24, 2025.
Financial Impact:
N/A
Advisory Commission Discussion:
N/A
Council Committee Discussion:
N/A
Attachments:
• Second Reading Ordinance Amendment: Chapter 90.16 – Sidewalk Cafés
• Second Reading Ordinance Amendment: Chapter 90.17 – Parklets
X-E-02 (a,b)
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CITY OF HASTINGS
ORDINANCE NO. 2025-01
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 “90.16 Sidewalk Cafes” of the Hastings
Municipal Code is hereby amended as follows:
A M E N D M E N T
90.16 Sidewalk Cafes
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 place tables, chairs, or other related items
on a public sidewalk or right-of-way in conjunction with a food 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.
3.Sidewalk cafés may only be installed and operated from during the hours of
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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 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.
4.All sidewalk cafés must abut and be operated as part of the food service and
beverage 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.
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 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 tofor the immediately removeremoval of any
broken glass from the premises.
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.
7.No sidewalk café may: (i) unduly restrict the safe usage of any roadway or the
sidewalk, or the 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
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other than the applicant’s food and beverage service 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.
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 (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.
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.
10.Operation of a sidewalk café must comply with all provisions of the
Minnesota Clean Indoor Air Act.
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.
12.The licensee shall maintain the sidewalk café in a clean and sanitary condition
and shall be responsible for the to 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.
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
X-E-02 (a,b)
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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.
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
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 fixtures 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 would
require the sidewalk café to be removed from City sidewalk or right-
of-way.
18.A licensee may request an extension of their sidewalk café to place patio
igloos during the winter months. If authorized, the 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
X-E-02 (a,b)
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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.
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
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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.
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 it the 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.
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SECTION 2: 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 3: 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.
PASSED AND ADOPTED BY THE CITY OF HASTINGS COUNCIL
_______________________________.
Attest
Mary D. Fasbender, Mayor, City of
Hastings
Kelly Murtaugh, City Clerk, City of
Hastings
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Page 1
CITY OF HASTINGS
ORDINANCE NO. 2025-02
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 “90.17 Parklets” of the Hastings Municipal
Code is hereby amended as follows:
A M E N D M E N T
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
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licensed premises. Licensees may request to expand their 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 not be permitted
to obtain a sidewalk café license in conjunction with the parklet license unless
the applicant is able to comply with all ADA requirements to provide for a
minimum of four (4) feet of clear unobstructed pedestrian walkway.
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 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 gfood 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 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 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 Pparklet Llicense 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 same a parklet is prohibited by state or local law. and t
The ownership, operation and maintenance of all parklets shall be subject to
all applicable laws, ordinances and regulations.
8.The Pparklet Llicensee shall maintain the Pparklet in a clean and sanitary
condition and shall be responsible for theto removal ofe 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
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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 permit license.
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., but fFailure of the cCity and the lLicensee to execute such a
license agreement shall not alleviate the lLicensee of its insurance and
indemnification obligations hereunder.
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.
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.
16.Parklets shall not occupy handicapped parking stalls.
17.Parklets shall not be installed prior to April 1st of each year unless otherwise
approved by the City Administrator or his/her designee.
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
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Page 4
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.
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.
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Page 5
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 feature 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.Building plans of a proposed parklet structure must demonstrating demonstrate
compliance with Minnesota State Building Code as well as
ADA/Accessibility requirements.
a.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.
(10)Information listed above to include stamped concrete portion
of the sidewalk (if requested).
b.Photographs and manufacturer specifications for all proposed parklet
furniture and fixtures.
c.Description and locations of any sound, television or video systems
proposed for the parklet.
d.Description of all food and beverages that will be served within the
parklet and the proposed hours of operation.
e.Description of all points of access between the building, and the
parklet, and exterior areas.
f.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.
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g.Description of all physical improvements to be constructed to
accommodate the parklet.
h.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.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.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.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.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.Conditions of license. Every license issued pursuant to this chapter shall be
X-E-02 (a,b)
Page 7
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.
b.Additional conditions. The Council may, upon a finding of necessity,
place the additional conditions and restrictions upon the license as it
the City 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.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.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.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 allegations charges against the lLicensee.
X-E-02 (a,b)
Page 8
SECTION 2: 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 Parklets.
SECTION 3: 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.
PASSED AND ADOPTED BY THE CITY OF HASTINGS COUNCIL
_______________________________.
Attest
Mary D. Fasbender, Mayor, City of
Hastings
Kelly Murtaugh, City Clerk, City of
Hastings
X-E-02 (a,b)