HomeMy WebLinkAboutItem 06.xDecember 7, 2020 Item No.
POLICY FOR TEMPORARY OUTDOOR CUSTOMER SERVICE AREAS
Proposed Action
Staff recommends adoption of the following motion: Move to approve the revised Policy for Temporary
Outdoor Customer Service Areas.
Overview
In May of this year, the City Council approved a Temporary Policy for Outdoor Customer Service Areas
for businesses (including restaurants that are licensed to sell alcohol) that were impacted by Executive
Orders related to the COVID 19 Pandemic. This policy allowed businesses to established temporary
customer service areas in their parking lots or green space areas.
The current policy is scheduled to expire on 12/31/20. Staff discussed this issue with the Economic
Development Commission on 10/27/20 and with the City Council at a Work Session on 11/23/20. It was
recommended that the current policy be revised to allow “other temporary enclosures” in the temporary
services areas and to also continue the new policy until repealed by subsequent City Council action or
termination of the local state of emergency. The effective date of this new Temporary Policy will be
1/1/2021.
Primary Issues to Consider
This policy will continue the more flexible guidelines approved earlier this year for businesses to establish
new or expanded outdoor customer service areas to offset imposed interior occupancy restrictions related
to the pandemic.
Financial Impact: $ Budgeted: Y☐ N☐ Source:
Envision Lakeville Community Values: Diversified Economic Development
Report Completed by: David L. Olson, Community & Economic Development Director
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20195 Holyoke Avenue, Lakeville, MN 55044
952-985-4400 • 952-985-4499 fax
www.lakevillemn.gov
Policy for Temporary Outdoor Customer Service Areas
Revised December 7, 2020
Pursuant to Mayoral Proclamation and Council Resolution, the City of Lakeville has declared a Peace
Time Emergency due to the COVID-19 Health Pandemic.
In furtherance of the federal, state and local government response, there is a need to provide multiple
additional and alternative customer service areas on commercial sites in order to limit forward facing
exchanges between customers and employees , and to promote physical and social distancing between
persons engaged in business activities within the City.
Effective immediately, and notwithstanding any city code provision to the contrary, any business
located in a commercial or industrial zone may establish drive-up or drive-thru areas, customer
ordering, waiting or pick-up areas, or customer seating or service areas on its property to facilitate safe
commercial activity conducted consistent with federal and state orders or guidelines. The temporary
outdoor use may occur in parking areas or green space areas without need for a variance. However,
if the business is not the fee owner of the property used by the business for the temporary outdoor
use, any temporary outdoor use must have written approval from the fee owner of the premises.
No city permits are required prior to establishing these customer areas, but operators must prepare a
traffic management plan and provide on-site traffic and operational management. Customer waiting
or service areas must not impede sidewalk usage nor block disabled person parking spaces or ramps,
nor shall any activity create nuisance conditions for abutting properties.
On-site signage and storage are authorized , as well as limited on-site directional signage.
Temporary tables , tents and sun shelters and other temporary enclosures may be erected, but any
structure requiring state building and fire code permits must submit plans and permit applications
for accelerated review by city staff.
If alcohol is to be consumed on the temporary outdoor customer service area, the licensee must submit
a site plan that delineates the perimeter of the outdoor area and type of barrier being used. City staff
shall review the proposed site plan and any additional information required prior to issuance of a
permit for the temporary outdoor service area. The temporary outdoor service area and sale and
consumption of alcohol within the area shall be consistent with state statute, the Governor's Executive
Orders and city code (except relating to setback and parking regulations, access and location). Failure
to comply with this policy shall be grounds for suspension or revocation of the temporary permit. The
20195 Holyoke Avenue, Lakeville, MN 55044
952-985-4400 • 952-985-4499 fax
www.lakevillemn.gov
licensee has a right to request a hearing regarding the permit violation pursuant to section 3-1 of the
Lakeville City Code.
The terms and conditions of this order may be modified or clarified by subsequent order and
those changes may have retroactive effect.
This policy will continue unless repealed by subsequent City Council action or termination of
the local state of emergency. Effective the 1st day of January, 2021.
______________________________________ ______________________________
Douglas P. Anderson, Mayor Charlene Friedges, City Clerk