Council declines stricter seasonal patio rules, directs staff to review licensing timeframe

The City Council on June 2 declined to adopt Ordinance No. 193, which would have removed a COVID-era seasonal extension subsection of City Code 111.036 and imposed size and facility limits on outdoor seating. The motion to adopt the ordinance failed (vote recorded: Peterson, Whitlock, Steiner, and Carlson nay; Oachs abstain).

City Planner Lassonde explained the Planning Commission spent much of 2024–2025 reviewing distinctions between seasonal, temporary, and permanent patios and recommended eliminating subsection H and limiting unenclosed/outdoor seating to no more than 40% of the gross floor area of the principal structure subject to restroom, kitchen-capacity, and code compliance. Lassonde also described how seasonal patio practices began during the COVID period. "If the patio is a permanent structure, building code restroom requirements must be followed, but if the patio is seasonal, the requirements can be waived, and the use of a temporary porta-potty can be covered," Lassonde said.

Multiple public commenters urged retaining seasonal patios. Jeni Bobholz said: "During COVID, bars and restaurants were allowed to utilize outside spaces, and patrons became used to the outdoor seating." Other residents and business representatives expressed that patios add to the community feel and that some operators (for example, the American Legion) use seasonal permits for one-off charitable events. Rather than adopt the ordinance, the council unanimously passed a separate motion directing staff to review the seasonal patio licensing timeframe, signaling a preference for further study or a different timetable rather than an immediate code change.