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HomeMy WebLinkAbout2020-048 CCRMember Ryan introduced the following resolution and moved its adoption: RESOLUTION N0.2020-048 RESOLUTION AUTHORIZING THE GRANTING OF TEMPORARY REGULATORY FLEXIBILITY TO LOCAL BUSINESSES WHEREAS, the President of the United States and the Governor of the State of Minnesota have declared states of emergency as a result of the spread of COVID-19; WHEREAS, on March 17, 2020, the Mayor of the City of Brooklyn Center issued a declaration of local emergency and on the same day the City Council acted by resolution to extend the local emergency declaration; and WHEREAS, the City Council recognizes this emergency has had a devastating effect on local businesses required to close pursuant to the Governor's orders, particularly restaurants and other businesses that were the last to be allowed to reopen; and WHEREAS, businesses are required to have a plan in place to safely reopen to the public that reflects social distancing requirements, complies with limits imposed on the number of customers that may be served at one time, and the reopening of restaurants is currently limited to outdoor seating only; and WHEREAS, the Governor's office has encouraged local governments to be creative in working with businesses as they reopen, and in Emergency Executive Order 20-63 stated "Local Governments are encouraged to work collaboratively with establishments to allow for outdoor service."; and WHEREAS, in order to support the continued viability of local businesses, maximize the number of customers allowed to access businesses in light of the Kate's operating restrictions, 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 allow the granting of temporary regulatory flexibility as part of an approved plan submitted by each business seeking such flexibility; and 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 to their permits and other approvals to obtain the flexibility they need now to safely reopen their businesses; and WHEREAS, delegating authority to the City Manager to grant flexibility to local regulations as part of a plan a business submits to the City Manager 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. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Brooklyn Center as follows: 1 1. The City Manager is hereby delegated the authority to grant, on behalf of the City, temporary flexibility in City regulations as the City Manager 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. Regulatory flexibility may only be granted as part of a written plan the City Manager approves for the particular business entity seeking such flexibility. 2. The temporary regulatory flexibility authorized by this Resolution is limited to those businesses that seek and obtain written approval for such flexibility from the City. If granted, the regulatory flexibility is limited to those City regulations that directly interfere with the implementation of the approved plan. Any business that does not obtain a written grant of temporary regulatory flexibility from the City is required to comply with all applicable City regulations. 3. For the purposes of this Resolution, the "regulatory flexibility" the City Manager is temporarily 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 outdoor 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 temporary signage that does not strictly comply with City Code and without having to obtain a permit, provided such signage does not block sidewalks and does not otherwise create public safety concerns; (d) 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 (e) 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. 4. The City Manager has the discretion to deny any request for regulatory flexibility. If approved, the City Manager shall place such conditions on the approval as the City Manager determines are reasonable under the circumstances. The City Manager is authorized to issue written approvals of regulatory flexibility to execute license agreements on the City's behalf. The City Manager may immediately repeal any approved regulatory flexibility if the City Manager 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. 5. 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 including, but not limited to, the state building code and fire code; (b) Fully implementing its COVID-19 Preparedness Plan; (c) Needing to obtain such permissions from the property owner and others as maybe needed to use the expanded area; (d) Complying with local regulations not directly related to the regulatory flexibility granted in the plan approved by the City Manager; or (e) Immediately returning to full compliance with all applicable local regulations upon the expiration or termination of the temporary regulatory flexibility. 6. The authority delegated herein to the City Manager shall take effect immediately and shall continue through October 31, 2020. May 29, 2020 Date Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Graves and upon vote being taken thereon, the following voted in favor thereof. Butler, Graves, Elliott, Lawrence -Anderson, Ryan and the following voted against the same: None. 3