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Page 3 of 8 <br />City Planner Janice Gundlach presented the item. The proposed amendment along with the proposed <br />conditions were explained. The Planning Commission recommended approval. Councilmember <br />Phillips questioned whether the fencing requirement is exclusive to establishments serving alcohol; if <br />so this requirement may be redundant in this ordinance. Ms. Gundlach replied the outdoor dining <br />ordinance only applies to full service seating areas; not ancillary seating areas. Councilmember <br />Phillips does not feel the fenchVIandscaping requirement should be mandatory, if it is not an <br />establishment with a liquor license. Councilmember Phillips suggested the length requirement of the <br />outdoor dining area be removed from the ordinance. Additionally Councilmember Phillips suggested <br />omitting the language requiring the outdoor dining area to be attached, and recommended the term <br />adjacent be used instead. Councilmember Doffing questioned the types of fencing required, Ms. <br />Gundlach replied there is not a requirement related to the type of fencing. Councilmetnber Bauman <br />questioned if she will need to construct a fence at the patio at her shop. Ms. Gundlach replied as long <br />as she is not providing full table service, or a liquor license is not obtained, a fence would not be <br />required. Director of Community Development Femelius explained the outdoor dining ordinance was <br />created in 2005, with the intent to pertain to full service restaurants. <br />City Attorney Charlie LeFevere stated the City has broad latitude in liquor licensing, and the fence <br />requirement can be enforced through the liquor license process. <br />Mayor Larson opened the Public Hearing at 7:16 pm. <br />Don Johnson representing the New Brighton Eagles reported that the Eagles would like a patio to meet <br />the needs of their patrons. <br />Mayor Larson asked for additional comments from the audience, there were none. <br />Motion by Councilmember Burg, seconded by Councilmember Doffing to close the Public <br />Hearing. <br />5 Ayes, 0 Nays; Motion Carried <br />Mayor Larson closed the Public Hearing at 7:21 pm. <br />Motion by Councilmember Phillips, seconded by Councilmember Doffing to hold the public <br />hearing and adopt the attached Ordinance, amending Zoning Code Section 5-240 (15), <br />with the following changes: <br />• Ornitting item A. <br />• Item B -changing the word attached to adjacent <br />• Eliminate C, D and E. <br />• F -Change from required fencing to any fencing. <br />5 Ayes, 0 Nays; Motion Carried <br />Section 5-240 (15) oaxenting <br />allowed finntyard <br />enanaclunearts for outdoor <br />Report No. 08-295. <br />UdinanoeNoW <br />