RES 20-25Of
`wd — , City of Elk River
ver City Council
Resolution 20-25
A Resolution of the City Council of the City of Elk River Approving
Temporary Waiver of City Code Licensing and Zoning Requirements to
Promote Business Activities During the COVID-19 Health Pandemic
WHEREAS, on March 13, 2020, Minnesota Governor Tim Walz issued Executive Order
20-01 declaring a Peace Time Emergency and Coordinating Minnesota's Strategy to Protect
Minnesotans from COVID-19; and
WHEREAS, in response, on April 3, 2020, Mayor Dietz declared a Local Emergency in
recognition of the community risk posed by COVID-19; and
WHEREAS, on April 6, 2020, the City of Elk River City Council adopted the Local
Emergency declaration and authorized appropriate response strategies to the pandemic; and
WHEREAS, on May 13, 2020, Minnesota Governor Tim Walz issued Executive Order 20-
56 directing that phased plans be developed, including plans for outdoor dining at
restaurants starting June1, 2020, with certain restrictions; and
WHEREAS, the City of Elk River City Council recognizes the continued risk and threat of
community spread of the COVID-19 virus and the negative impact it has had on local
business and further recognizes the potential negative impact that may continue upon
reopening absent the ability of businesses to provide appropriate distancing between patrons
and employees while operating profitably; and
WHEREAS, in furtherance of the federal, state and local government response, there is a
need to provide multiple, additional, or alternative customer service areas on commercial
sites within the city in order to limit forward -facing exchanges between customers and
employees and to promote physical and social distancing between patrons of a business and
persons engaged in business activities.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Elk
River, Minnesota, does hereby authorize the following:
A business located in a commercial or industrial zone may establish drive -up or
drive -through areas, customer ordering, waiting or pick-up areas, or customer seating
or service areas to facilitate safe commercial activity conducted consistent with
federal and state orders or health and safety guidelines, in accordance with the
following:
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a. The City Administrator, or designee, shall have the authority to establish
performance standards to implement the terms of this Resolution and all
operations allowed under this resolution shall comply with those performance
standards.
b. Any business that desires to take advantage of such opportunity must complete
and submit to the City Administrator, or designee, an application form provided
by the City of Elk River.
c. The City Administrator or designee shall have the authority to review and
approve or deny applications for a permit for any proposed temporary structure
or operation related to customer service, waiting or dining seating areas; or on -
site signage and storage; or other temporary outdoor use that is proposed to
occur outside of the business establishment in accordance with the established
performance standards. Approved permits will be submitted to the City Council
at their next regularly scheduled meeting for ratification.
d. If a permit is denied, the applicant may appeal the denial to the City Council by
submitting a written appeal at least three business days before the next regularly
scheduled Council meeting.
e. If an applicant proposes to use public right-of-way or public property for private
commercial activity, a separate application form shall be submitted requesting
such use. Approval of a permit allowing such use shall be as provided for other
permits and approvals authorized by this resolution and subject to a requirement
that the applicant provide evidence of liability insurance coverage, including
liquor liability coverage, if applicable, adequate to protect the city.
f. Other than the permits required by this resolution, and amendments to a liquor
license, no zoning, conditional use, or any other Elk River permit as otherwise
required under City Code shall be required for any temporary structure or
operation related to customer service, waiting or dining seating areas; or on -site
signage and storage; or other temporary outdoor use is proposed to occur
outside of the business establishment provided the City Administrator's, or
designees, performance standards are met.
g. Any temporary structure or operation related to customer service, waiting or
dining seating areas; or on -site signage and storage; or other temporary outdoor
use proposed to occur outside of the business establishment that is otherwise
prohibited by City Code may be permitted subject to approval of the City
Administrator or Council as set forth herein.
2. If liquor is to be dispensed or consumed on the proposed temporary outdoor dining
patio, the licensee must obtain a modification to the defined premises area in their
liquor licenses. Modifications to the defined premises area can be provisionally
approved by the City Administrator, or designee, as long as the modification
complies with state and local liquor laws. Provisionally approved modifications shall
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be submitted to the City Council for ratification or modification at the next regularly
scheduled meeting of the Council.
3. The authority granted to the City Administrator hereunder shall not otherwise allow
any use or operation that is not in compliance with any federal laws or regulations,
Minnesota statutes and regulations, including State Building and Fire Codes, and the
Minnesota liquor licensing regulations.
4. The city reserves the right to revoke and terminate permission of any drive -up or
drive -through areas, customer ordering, waiting or pick-up areas, or customer seating
or service areas if it is in the interest of the public health, safety and welfare, as
determined by the Police Chief or City Administrator.
This Resolution is effective immediately, subject to federal and state laws or orders
relative to the permissibility of business operations, and unless terminated earlier by
the Council shall be in effect until November 1, 2020.
Passed and adopted this 28r' day of May 2020.
)Jn O'ietz, 4Ny
or
ATTEST:
-49
Tina Allard, City Clerk
PONERE1 er
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