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Request for Action <br />To <br />Item Number <br />Mayor and City Council <br />3 <br />Agenda Section <br />Meeting Date <br />Prepared by <br />Special Meeting <br />May 28, 2020 <br />Zack Carlton, Planning Manager <br />Tina Allard, City Clerk <br />Item Description <br />Reviewed by <br />Discuss Governor's Order Related to Outdoor <br />Cal Portner, City Administrator <br />Dining for Restaurants <br />Reviewed by <br />Peter Beck, City Attorney <br />Action Requested <br />Council direction on use of public spaces, such as parking lots, streets, parks, parking spaces, and sidewalks for <br />extended dining patios. <br />Adopt, by motion, a resolution to facilitate the temporary expansion of outdoor dining service areas for <br />restaurants. <br />Background/Discussion <br />On Wednesday, May 20, 2020, Governor Walz announced Phase II of his Stay Safe MN Plan, which allows <br />outdoor dining for restaurants beginning June 1. Cities can assist businesses requesting to have additional <br />outdoor seating and can include areas such as sidewalks, parking spaces, or other undeveloped outdoor areas <br />adjacent to restaurants. Staff can assist most restaurants in the city with extended patio requests when it is on <br />their own or leased property but would need direction for restaurants located downtown. <br />The attached resolution would give staff authority to approve these patio extensions with ratification by <br />Council at a later meeting. This would allow for businesses to open quickly to start capturing revenue. <br />In considering patio extensions, reviews will evaluate traffic circulation and pedestrian safety, and increased <br />noise for restaurants adjacent to residential areas. Many restaurants already have patios and expansion of the <br />outdoor seating area will minimally impact adjacent properties. The Governor's order allows outdoor seating <br />for up to 50 patrons, but not all restaurants will move for full capacity. Staff will work with restaurant owners <br />on a configuration that fits their needs but preserves the health safety and general welfare of the community. <br />An updated map of the expanded service area, updated liquor liability insurance, and property owner <br />permission, if on leased property will be required. One requirement of state law is that patios must be <br />compact and contiguous. This means the patio must be physically connected to the main restaurant. For <br />most of the downtown restaurants, back parking lots could be considered. But for McCoy's Pub, the <br />sidewalk and street would be an option. <br />Cities need to follow DEED guidance on reopening measures as attached. Key requirements include the <br />following: <br />■ Develop and implement a COVID-19 Preparedness Plan. <br />The Elk River Vision <br />A welcoming community with revolutionary and spirzted resourcefulness, exceptional service, and <br />community engagement that encourages and inspires prosperzty <br />