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HomeMy WebLinkAbout6.j. Authorizing the Granting of Regulatory Flexibility to Local Businesses - Patio Expansions EXECUTIVE SUMMARY City Council Regular Meeting Date: March 15, 2022 AGENDA ITEM: Authorizing the Granting of Regulatory AGENDA SECTION: Flexibility to Local Businesses – Patio Consent Expansions PREPARED BY: Eric Van Oss, Economic Development AGENDA NO. 6.j. Coordinator ATTACHMENTS: Resolution APPROVED BY: LJM RECOMMENDED ACTION: Motion to Adopt Resolution Authorizing the Granting of Regulatory Flexibility to Local Businesses. BACKGROUND th On May 28, 2020, the City Council adopted Resolution 20-68 Authorizing the Granting of Regulatory Flexibility to Local Businesses and was extended on October 20, 2020 and then again in March of 2021. The resolution permits flexibility to allow patio expansions without processing normal site plan or liquor license amendments and allow the patio expansion into spaces that would not be approved under typical site plan or liquor code requirements. Included in the resolution, the City Administrator or his designees approve expansion requests. Under City Code, features such as tents or heaters are allowed. The approved resolution, Resolution 20-68, expired on December 31, 2021. In February the Metropolitan Council granted an extension of the temporary outdoor seating policy due to Covid through December 31, 2022. Given the extension by the Met Council and difficulties faced by restaurants during the pandemic, staff recommends the regulatory flexibility be extended to December 31, 2022 or until the Met Council ceases the temporary outdoor seating policy. A number of the businesses that had patio expansions in 2020/21 have indicated they would like the ability to continue in 2022. Business that have applied and been approved under the existing resolution will not need to apply again, unless they are proposing a new site/area for their temporary patio. For new business looking for regulatory flexibility, the existing application and site plan process will apply. RECOMMENDATION Staff recommends approval of the resolution. CITY OF ROSEMOUNT, MINNESOTA RESOLUTION 2022-32 RESOLUTION EXTENDING THE GRANTING OF REGULATORY FLEXIBILITY TO LOCAL BUSINESSES WHEREAS, in May 2020, Metropolitan Council Environmental Services (MCES) implemented a temporary deferral of the Sewer Availability Charge SAC fees associated with new or expanded temporary outdoor seating facilities. This was in response to the MN Governor’s restriction on indoor seating capacity for food and drink establishments due to the Covid19 pandemic; WHEREAS, in June 2021, MCES extended the deferral through December 31, 2021, in response to the continuing nature of the pandemic; WHEREAS, in February 2022, MCES met with various communities again and after discussion of the realities of omicron and possible future variants that could continue to limit indoor seating, extended the end date for deferring temporary outdoor seating SAC through December 31, 2022; WHEREAS, in order to support the continued viability of local businesses in light of the state’s pandemic recovery, and to exercise the creativity encouraged by the Governor’s office, the City Council determines it is in the best interests of the City to extend the granting of regulatory flexibility as part of an approved plan submitted by each business seeking such flexibility; WHEREAS, it is not practical under the circumstances of this emergency to require businesses to pursue what can be a several month process to seek amendments and other approvals to obtain the flexibility they need now to safely reopen their businesses; and WHEREAS, delegating authority to the City Administrator to grant flexibility to local regulations as part of a plan a business submits to the City Administrator for approval is the only workable solution for expeditiously providing the assistance local businesses need as they start to reopen and put their employees back to work. th WHEREAS, the City Council approved Resolution 20-68 on May 28, 2020 and extended Resolution 20-68 in October 20, 2020, which permitted regulatory flexibility until December 31, 2021, and NOW, THEREFORE, BE IT RESOLVED, by the Rosemount City Council as follows: 1. The City Administrator is hereby delegated the authority to grant, on behalf of the City, flexibility in City regulations as the City Administrator determines is appropriate to support the operations of local businesses as they reopen to the customers and resume operations under the limitations imposed by the Governor’s emergency orders. 1 Regulatory flexibility may only be granted as part of a written plan the City Administrator approves for a particular business entity. 2. For the purposes of this Resolution, the “regulatory flexibility” the City Administrator is authorized to grant includes, but is not limited to, the following: (a) Allow the expansion of the licensed “premises” of a business holding an on-sale liquor license to allow the service and consumption of alcohol in an expanded area identified in the approved plan; (b) Allow the expansion of existing business operations without requiring amendments to existing zoning approvals or new zoning approvals; (c) Allow a business to use adjacent City property for customer seating, the display of its products for sale, or for other similar uses upon entering into a license agreement with the City; and (d) Such other flexibility in the City’s regulations and the enforcement of those regulations as the City Manager determines is appropriate under the particular circumstances of the business to reasonably allow it to conduct its business in a manner that maximizes its operations while complying with its plan, the Governor’s emergency orders, and applicable guidelines. 3. The City Administrator has the discretion to deny any request for regulatory flexibility. If approved, the City Administrator shall place such conditions on the approval as the City Administrator determines are reasonable under the circumstances. The City Administrator is authorized to issue written approvals of regulatory flexibility to execute license agreements on the City’s behalf. The City Administrator may immediately repeal any approved regulatory flexibility if the City Administrator determines the business violated the scope of the regulatory flexibility, any conditions placed on the granted flexibility, or the expanded business operations interfere with public safety or unreasonably obstructs the use of public property. 4. The regulatory flexibility allowed under this Resolution is intended to temporarily allow a business to overcome local regulatory hurdles that interfere with its efforts to implement its plans to reopen and operate in accordance with social distancing and other federal and state safety requirements. This Resolution, and regulatory flexibility granted hereunder, does not exempt a business from: (a) Complying with all applicable federal and state laws, rules, regulations, and emergency orders; (b) Complying with local regulations not directly related to the regulatory flexibility granted in the plan approved by the City Manager; or 2 (c) Immediately returning to full compliance with all applicable local regulations upon the expiration or termination of the regulatory flexibility. 5. The authority delegated herein to the City Administrator shall continue through December 31, 2022. th Adopted this 15 day of March, 2022, by the City Council of the City of Rosemount. ________________________________ William Droste, Mayor Attest: _______________________________ Jessie Paque, Deputy City Clerk 3