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