Public Notices June 3

City of Winthrop ordinance number 2020-141 AN EMERGENCY ORDINANCE TEMPORARILY SUSPENDING CERTAIN SECTIONS OF CITY CODE TO ALLOW OUTDOOR SERVICE AT BARS AND RESTAURANTS WHEREAS, the City of Winthrop adopted City Code § 601.05, which provides that, “No person shall consume intoxicating liquor or 3.2 percent malt liquor in a public park, on any public street, sidewalk, parking lot or alley, or in any public place other than on the premises of an establishment licensed under this Ordinance or where the consumption and display of liquor is lawfully permitted”; and WHEREAS, City Code Chapter 6 contains several sections on alcohol licensing where there are a number of references made to on-premise consumption, and also prohibiting consumption on the streets or sidewalks of the City, including § 601.12, which provides that the liquor application “shall specifically describe the compact and contiguous premises within which liquor may be dispensed and consumed. The description may not include any parking lot or sidewalk”; and WHEREAS, City Code Chapter 3 contains several sections regulating the use of the City streets and sidewalks, including provisions that prohibit obstructing any street, alley, sidewalk, or other public way within the city by erecting thereon any fence or building, or permitting any fence or building to remain thereon; and WHEREAS, City Code Chapter 9 is the City’s Zoning Code enacted pursuant to the authority granted by the Municipal Planning Act, M.S. §§ 462.351 may contain provisions that prohibit or require permits for sidewalk cafes and outdoor eating or dining areas accessory to a principal use; and WHEREAS, the Executive Orders issued by Governor Tim Walz and the Peacetime State of Emergency declarations issued in response to the COVID-19 pandemic have created an extreme hardship for some local bars and restaurants; and WHEREAS, the Council of the City of Winthrop has determined that the above City Code sections combined with the Governor’s orders and declarations make it difficult or impossible for some local bars and restaurants to partially reopen, and it is in the best interests of the City to relax certain sections of the City Code on a temporary basis to allow outdoor service at bars and restaurants on sections of City streets, sidewalks, or parking lots, within limited and defined areas; and WHEREAS, due to the urgent nature of the changes needed to the City Code, the City Council has determined that the usual process for approving an ordinance under Minnesota Statutes section 415.19 should be waived, and this ordinance shall be passed as an emergency temporary ordinance under Minn. Stat. section 462.355. NOW, THEREFORE, the City Council of the City of Winthrop, Sibley County, State of Minnesota, hereby ordains as follows: 1. All provisions of the Code of Ordinances, of the City of Winthrop, that prohibit the serving or consumption of food or beverages, including beverages containing alcohol, on City streets, sidewalks, or parking lots shall be and is hereby is amended effective immediately and continuing for a period of six months, to allow for the licensing and service of bars and restaurants to include sections or City streets, sidewalks, or parking lots, and consumption within limited and defined areas as approved by the City Administrator. 2. A business owner or licensee who wishes to serve food or beverages, including beverages containing alcohol, on City streets, sidewalks, or parking lots shall submit an application, or supplemental application to the City Administrator for approval. The application shall define and include a sketch showing the area where the applicant would like to serve food or beverages, including beverages containing alcohol. The applicant must also provide the City with proof that their liquor liability insurance covers alcohol sales in any expanded outdoor spaces which, under Minnesota law, must be “compact and contiguous” to the main structure. The City Administrator may approve such an application, which must include a sketch of the expanded service areas. 3. Any approval granted pursuant to this ordinance will be valid only as long as the Governor’s executive orders prevent the business owner or licensee from resuming normal operations, or six months, whichever is less. 4. This ordinance shall be given prompt and general publicity and that it be filed promptly by the City Administrator/Clerk. Approved and passed on this 29th day of May, 2020. Signed: Kelly Pierson Mayor Attest: Jenny Palmer City Administrator   35(af)c

 

City of Winthrop ordinance number 2020-140 An Ordinance AUTHORIZING THE TRANSFEROF THE REAL PROPERTY LOCATED AT 110 E 2nd Street, 203 N. Caver Street, and 313 N. Renville Street, City of winthrop Whereas, The City of Winthrop owns real property located at 110 E 2nd Street in the City of Winthrop, legally described as: The East 30 feet of the West 100 feet of Lots 7, 8, and 9, in Block 4, in the City of Winthrop, Sibley County, Minnesota; and Whereas, The City of Winthrop owns real property located at 203 N. Carver Street in the City of Winthrop, legally described as: The West One Hundred Six (106) Feet of Lot Numbered Ten (10), in Block Numbered Sixteen (16), in Frankenfield’s Addition to the City of Winthrop, Sibley County, Minnesota; and Whereas, The City of Winthrop owns real property located at 313 N. Renville Street in the City of Winthrop, legally described as: Lot 18, Block 6, City of Winthrop, according to the Plat and survey thereon on file and of record in the office of the County Recorder in and for Sibley County, Minnesota; and Whereas, The Winthrop City Council has determined that these properties ought to be transferred to the Winthrop Economic Development Authority; and Whereas, Section 11.05 of the Winthrop City Charter requires all sales of real property to be approved by ordinance. BASED ON THE ABOVE, the City Council of the City of Winthrop Ordains: The Winthrop City Council, through this ordinance hereby approves the transfer of title of: 110 E 2nd Street, 203 N. Carver Street, and 313 N. Renville Street to the Winthrop Economic Development Authority. This ordinance becomes effective from and after its passage and publication. Passed by the City Council of the City of Winthrop this 1st day of June, 2020. Signed: Kelly Pierson Mayor Attest: Jenny Palmer City Administrator 35(af)c

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