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31 cities that either already enacted such waivers or are in-process: Golden Valley, Edina, Eagan, St. 32 Louis Park, Chanhassen, Burnsville, Lakeville, Brooklyn Park, White Bear Lake, and Stillwater. 33 Staff proposes that Council consider adopting a Resolution that approves temporary waivers to certain 34 City Code requirements. Thesetemporarywaivers would accomplish the following: 35 Allow existing restaurants and bars to expand onto sidewalks, parking areas, and/or green 36 space. 37 Waive the conditional use process for temporary drive-up operations for existing businesses. 38 Waive City Council approval and adjacent property owner notice to obtain an outdoor liquor 39 sales endorsement. 40 Waive certain temporary sign regulations and permit requirements. 41 Allow faith organizations to establish drive-in/drive-up services. 42 These waivers would come with the following conditions: 43 They are only permissible until the City Council repeals the Resolution authorizing the waivers 44 or the local peace time emergency is terminated, whichever comes first. 45 Protective barriers are established separating people from vehicles. 46 Underlying landowner written consent is given should the business not be the fee owner to the 47 property. 48 A Traffic Management and Fire Safety Plan is prepared and made available to the Police and/or 49 Fire Chief upon request. 50 Sidewalks do not impede pedestrian passage and accessibility/ADA compliance is maintained, 51 whether for existing buildings, sidewalks, or parking spaces or for newly-erected tents, tables, 52 sun shelters and the like. 53 Temporary structures, such as tents, and other electrical improvements, obtain required 54 permits, which would be processed under an accelerated timeframe. 55 These waivers come with additional provisions whereby if they become nuisances they can be 56 ordered to correct the nuisance or cease operation. Further, if an entity knowingly violates the 57 conditions of the waiver, they are subject to civil, criminal, or other licensing actions by the 58 City. 59 These waivers do not come without recognition that enforcement issues may arise in the future should 60 these operations not cease at the required time. To help ensure City staff has contact information for 61 responsible entities should enforcement action be necessary, staff proposes that any business or faith 62 organization that wishes to take advantage of these waivers registers their operation with the City. The 63 registration would be set up online via the City’s Accela platform and be free of charge. 64 P OLICY O BJECTIVE 65 To aid in the support and recovery of local businesses and faith organizations during the COVID-19 66 health pandemic. 67 B UDGET I MPLICATIONS 68 An undetermined amount of staff time will be attributed to fielding inquiries, supporting, and 69 enforcing the City Code waivers offered through this action. Page 2 of 3