20-31 - 05-29 - Resolution Creating Outdoor Service During Declared Local EmergencyRESOLUTION NO. 20-31
RESOLUTION CREATING OUTDOOR SERVICE DURING DECLARED LOCAL
EMERGENCY FOR COVID-19
WHEREAS, on March 17, 2020, the Governor's Executive Order 20-04
temporarily limited patronage of local retail establishments and temporarily closed bars
and restaurants to on premise customers; and
WHEREAS, the closure has significantly impacted the economic vitality of local
retail establishments; and
WHEREAS, the City of Golden Valley recognizes the economic impact the
Governor's order will continue to have on local retail establishments; and
WHEREAS, the City of Golden Valley recognizes the need for social distancing
and the continued efforts to prevent the spread of COVID-19 and recognizes these
practices will be used after patrons are allowed to return to retail establishments; and
WHEREAS, the City of Golden Valley wishes to make temporary changes to
business licensing, zoning, and permitting requirements to provide additional options for
customer service and seating that meet social distancing and other established
prevention measures; and
WHEREAS, on March 16, 2020, the Mayor of the City of Golden Valley declared
that the world health pandemic caused by the novel coronanavirus constituted a local
emergency, and on March 17, 2020 the City Council recognized and extended the local
emergency declared on March 16, 2020; and
WHEREAS, the City Council finds that ongoing and immediate action by and
through the City Manager and other City staff is necessary to allow local businesses to
operate in light of the COVID-19 pandemic and local and State emergencies.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF GOLDEN VALLEY, MINNESOTA, that;
1. Retail establishments, including but not limited to bars, restaurants, and other
retail stores (“Establishments”) may apply for temporary exceptions from City
Code to provide temporary outdoor service in response to any social distancing
or serving requirements necessary to reduce the spread of COVID-19 or comply
with Executive Orders of the Governor's office. These exceptions may include
the establishment or expansion of an outdoor service area, including but not
limited to an outdoor sales or outdoor seating area (“Temporary Outdoor
Service Area”). All temporary exceptions to City Code, as well as the type,
location, characteristics, and size of the Temporary Outdoor Service Area shall
be approved by the City Manager or their designee in the form of a Temporary
Outdoor Service Permit.
2. The City Manager or their designee may administratively issue a Temporary
Resolution No. 20-31 -2- May 29, 2020
Outdoor Service Permit in accordance with the requirements listed below. The City
Manager or their designee may impose reasonable conditions on any approval they
deem necessary to ensure compliance with these requirements.
Temporary Outdoor Service Permit Requirements:
• The area which the Establishments may use as a Temporary Outdoor
Service Area shall be limited to parking areas or green spaces owned or
lawfully occupied by the Establishment.
• If the Establishment is not the fee owner of the proposed Temporary Outdoor
Service Area, the fee owner of the Temporary Outdoor Service Area must
consent to the temporary outdoor use in writing.
• The Establishment shall prepare a plan to be approved by the City prior to
establishing a Temporary Outdoor Service Area, which shall illustrate on-site
traffic and operational management.
• The Temporary Outdoor Service Area shall not impede sidewalk usage, block
disabled person parking spaces or routes, or create nuisance conditions for
abutting properties or the general public.
• Temporary tables, tents, and sun shelters may be erected, but any structure
requiring State building and fire code permits shall submit plans and all other
materials required for such permits along with their Temporary Outdoor Service
Permit application.
• All Establishments shall certify to the City that they have prepared a COVID-19
Business Preparedness Plan that meets all applicable requirements of the
United States government and the State of Minnesota.
3. Other than State building and fire code permits and liquor license approvals, no
variance, zoning permit, conditional use permit, or other Golden Valley permit or
approval otherwise required to erect an outdoor service area under City Code shall
be required. To the extent building or fire code permits or liquor license approvals are
required, City staff shall process all such applications on an accelerated basis.
4. Liquor license holders who wish to temporarily amend their license to allow for the
sale and service of alcohol in the Temporary Outdoor Service Area must meet all
requirements of State law and City Code and shall complete an application for a
Temporary Liquor License Amendment on a form provided by the City Clerk.
Licensees shall submit the completed application and all required attachments with
their Temporary Outdoor Service Permit application for review. At a minimum,
licensees shall provide a site plan, a plan to contain alcohol in the Temporary
Outdoor Service Area, and proof of acceptable insurance coverage covering the
Temporary Outdoor Service Area.
The City Council hereby delegates to the City Manager the authority to
administratively approve such temporary liquor license amendments, provided
however that any such amendment shall only have the effect of temporarily
expanding the licensed premises in accordance with all of the terms and conditions
Resolution No. 20-31 -3- May 29, 2020
herein. All such liquor license amendments shall be ratified by the City Council at its
next regular meeting and may be suspended or revoked by the City Council at any
time.
5. The authority granted herein shall not otherwise allow any use, practice, or operation
that is not in compliance with any federal law or regulation (e.g. ADA regulations),
Minnesota statutes and regulations, including but not limited to State building and fire
codes, and City of Golden Valley liquor licensing regulations, sign regulations, or
noise regulations.
6. The City shall not charge any fees for the permits and licenses described in this
Resolution.
7. The City Manager may modify or clarify the terms and conditions of this Resolution
by subsequent Emergency Administrative Action and those changes may have
retroactive effect.
8. All of the measures described in this Resolution, including but not limited to
Temporary Outdoor Service Permits and temporary liquor license amendments,
are temporary in nature and shall expire at 11:59 pm November 30, 2020, unless
earlier terminated by the City Manager or City Council. This Resolution may be
revoked at any time by the City Council. These measures shall not run with the
land and shall not constitute a lawful use or occupation of land or premises, nor
shall these measures be construed to constitute approval of an expansion of any
existing zoning or other non-conformity. The City reserves all rights it may have
under applicable law to regulate the repair, replacement, maintenance,
improvement, or expansion of any nonconforming uses existing as of the date of
this Resolution.
Adopted by the City Council of Golden Valley, Minnesota this 29th day of May, 2020.
__________________________
Shepard M. Harris, Mayor
ATTEST:
__________________________
Kristine A. Luedke, City Clerk