Item Coversheet

10.A.1.


Shakopee City Council
December 3, 2019


FROM:Nate Burkett, Assistant City Administrator
TO:Mayor and Council Members
Subject:
Request from Mary Isakson, owner of Babe's Place to allow for administrative closure of the alley between Holmes St S and Fuller St S on Fridays between 6 and 830 pm.
Policy/Action Requested:

1. Approve for administrative closure of the alleyway between Holmes St S and Fuller St S between the hours of 6 pm and 830 pm on Fridays. In order for administrative closure to be approved the applicant must: (1) Request closure by contacting the City Clerks office no later than noon on the day preceding closure (2) provide for adequate lighting in the alleyway (3) ensure consumption of alcoholic beverages occurs only in designated areas through use of wristbands, security or some other generally acceptable method (4) provide for waste disposal in the alleyway and in front of the business (5) clean up any refuse left following closure no later than 7 am the following day (6) pay any applicable fees to the City of Shakopee. This authorization concludes on April 3, 2020. The City Administrator or designee is not required to approve administrative closure of the alleyway.

 

or 

 

2. Deny the applicants request to allow administrative closure of the alleyway.

Recommendation:
Staff recommends denying the request, due to concerns noted in the discussion below, and availability of options that do not require the use of public property for a private purpose.
Discussion:

The city council has been approached by Mary Isakson, owner of Babe’s Place in downtown Shakopee to allow for administrative closure of the alleyway, and to allow consumption of alcoholic beverages in that area, that runs east and west between Holmes St S and Fuller St S. Council has asked for staff to discuss the matter with Ms. Isakson, and to bring forth recommendations to the council.

 

The request that Ms. Isakson has made is to allow for administrative closure of the alleyway:

1.      From its eastern most point up to approximately 140 feet to the west.

2.      Friday nights from approximately 6 pm until 830 pm, on an as needed basis (typically when the number of patrons exceeds the maximum capacity of the establishment).

 

Staff has reviewed Ms. Isakson’s request. Staff remains concerned because:

 

1.       What if other bars, restaurants or retail establishments want to close alleyways in a similar fashion? While this alleyway is unique in that it is used less than other alleys and there are multiple entryways from the east side (through private property at 124 1st Ave E), how will the decision be made in the future if similar requests to close thoroughfares are made to the city?

2.       This request does not have a discrete start or end date. There is no way for the city to notice to other property owners or occasional users of the alleyway that it will be closed.

 

In addition to the above concerns, staff feels as though the best solution to any overflow issues that there may be at Babe’s Place is to utilize the open space extending to the south out of the building. A door from Babe’s Place exists in this area, and it appears as though there are already tables for patrons to use. Staff believe that Babe’s Place has an existing agreement with the owner of the property for such use. This space is comparable in size to the alley way, more contiguous to the establishment, and will discourage patrons from consuming liquor outside of designated areas more effectively.

Budget Impact:
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ATTACHMENTS:
Description
Arial View of Area