05-28-2020 Special CCMVirtual Special Meeting of the Elk River City Council
Held at the Elk River City Hall
Thursday, May 28, 2020
(Due to COVID-19 Pandemic)
Members Present: Mayor John Dietz, Councilmembers Garrett Christianson, Nate
Ovall (5:35 p.m.), Matt Westgaard, and Jennifer Wagner
Members Absent: None
Staff Present: City Administrator Calvin Portner, Chief of Police Ron
Nierenhausen, Fire Chief Mark Dickinson, Economic Development
Director Amanda Othoudt, Planning Manager Zack Carlton, City
Attorney Peter Beck, City Clerk Tina Allard, and Deputy Clerk
Jessica Miller
I . Call Meeting to Order
Pursuant to due call and notice thereof, the meeting of the Elk River City Council
was called to order at 5:30 p.m. by Mayor Dietz.
2. Roll Call
■ Councilmember Christianson
• Councilmember Westgaard
■ Councilmember Wagner
■ Mayor Dietz
• Councilmember Ovall (5:35 p.m.)
3. Discuss the Governor's Order Related to Outdoor Dining for
Restaurants
Mr. Portner presented the staff report.
Councilmember Christianson questioned if delegating permit approval would allow
the establishments to begin operating with the temporary extensions right away. Mr.
Portner stated by adopting the resolution staff can approve permits as they come in
and Council can approve at their next meeting.
Attorney Beck added this item has been discussed extensively by city attorneys and
the consensus is for staff to approve and have Council ratify approval at their next
meeting.
Councilmember Christianson questioned if staff had examples of revoking or
terminating permission as outlined in the resolution. Attorney Beck indicated
establishments would have to follow the requirements of the permit, which includes
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May 28, 2020
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following state law and executive orders including rules for social distancing, etc. He
noted any intention to revoke or terminate would be brought back to the Council.
Councilmember Westgaard questioned if anything is missing from the Chamber of
Commerce perspective or from either the Fire or Police Chiefs. Mr. Portner
indicated the resolution was vetted by city staff, Chamber staff, and legal staff and
can be brought back to Council for amendments if necessary.
Moved by Councilmember Christianson and seconded by Councilmember
Wagner to adopt Resolution 20-25 approving a temporary waiver of city code
licensing and zoning requirements to promote business activities during the
COVID-19 health pandemic. Motion carried 5-0.
Mr. Carlton presented some options for use of public spaces for use as temporary
outdoor dining extensions.
Councilmember Wagner questioned if tents are allowed in the temporary outdoor
dining areas and whether the city would allow them to be staked on city property.
Attorney Beck replied tents are allowed but must have open sides. Mr. Carlton added
typically the city does not allow tents on city property to be staked but that is at
Council discretion. Attorney Beck noted he didn't see a need to allow staking as
most tents are sandbagged and won't require stakes.
Councilmember Wagner questioned if the delineation would require fencing or just
definition of the area. Mr. Carlton explained staff will work with the establishment to
define the area and the establishment is responsible for delineation. He added
whatever material is used to delineate the space must be maintained and must be
durable. Attorney Beck indicated delineation of a liquor area is not a new
requirement.
Discussion took place on whether businesses would be required to take down the
temporary areas every evening. Mr. Carlton indicated staff would support the area
being left up, but it would be at the discretion of the establishments.
Outdoor dining extensions in the upper city -owned parking lot were discussed. Mr.
Carlton outlined plans for some of the downtown establishments to expand. He
indicated closing the upper city -owned parking lot would provide the establishments
downtown with more freedom to expand.
Mayor Dietz suggested staff work with the downtown establishments adjacent to the
upper parking lot to see what their needs are and if necessary close the upper parking
lot.
Mayor Dietz questioned if it was safe to have tables set up in the alley as requested
by the Sunshine Depot. Chief Nierenhausen indicated he would prefer the entire area
be barricaded as he has concerns with areas being blocked by ropes or other
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materials not as visible. Chief Dickinson concurred adding he feels it may be safer to
block the entire lot to limit traffic.
Councilmember Westgaard questioned how service vehicles will access behind the
buildings. Mr. Carlton explained the lot would be closed to the public, but service
vehicles would be able to access.
Councilmembers Wagner and Christianson concurred staff should work with the
restaurants to see their needs and close the upper lot if it is warranted.
Councilmember Ovall indicated he would like to hear the business comments on
closing the parking lot and if they are agreeable, the city could add tables and more
spaces for people to dine to the city lot. Mr. Portner explained the temporary
outdoor dining extensions must be compact and contiguous to the establishment and
the state order caps the maximum number of patrons at 50.
Councilmember Ovall questioned if an area could be set up for people utilizing
carryout. Attorney Beck explained potential enforcement challenges would be to
make sure they tables are not included in a restaurant service area and are properly
spaced to meet social distancing requirements.
Mayor Dietz believed the city adding tables for carryout would confuse patrons.
Councilmember Wagner indicated she would love to make this work, but she sees
potential issues with possibly having to add a dumpster for trash and with the tables
not being cleaned in between patrons.
Councilmember Westgaard questioned if McCoy's Pub has applied for a temporary
extension. Mr. Carlton explained Mr. Othoudt spoke to Mr. McCoy and he plans to
use his current deck with no expansion.
Mr. Carlton reviewed applications and plans for Sammy's Pizza, Broadway Bar &
Pizza, and the American Legion.
4. Adjournment
There being no further business, Mayor Dietz adjourned the meeting of the Elk
River City Council at 6:24 p.m.
Minutes prepared by Jessica Miller
Y61h. Di z, Mayor
Tina Allard, City Clerk
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