20-84 - 12-15 - EXTENDING OUTDOOR SERVICE DURING DECLARED LOCAL EMERGENCY FOR COVID-19
RESOLUTION #20-84
RESOLUTION EXTENDING OUTDOOR SERVICEDURING DECLARED LOCAL
EMERGENCY FOR COVID-19
WHEREAS, on March 17, 2020, the Governor's Executive Order 20-99
temporarily limited patronage of local retail establishments and temporarily closed bars
and restaurants to on premise customersand it is possible and likely that additional
rounds of closures will be required before the COVID-19 pandemic is over; and
WHEREAS, restaurant and bar closures have significantly impacted the
economic vitality of local retail establishments; and
WHEREAS, the City of Golden Valley recognizes the economic impact the
Governor's orders 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 continue temporary changes to
business licensing, zoning, and permitting requirements previously implemented in
Resolution No. 20-31 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 coronavirusconstituted 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 found that ongoing and immediate action by and
through the City Manager and other City staff was necessary to allow local businesses to
operate in light of the COVID-19 pandemic and local and State emergencies; and
WHEREAS, on May 29, 2020, the City Council approved temporary exceptions from
City Code to provide temporary outdoor service areas in response to any social distancing
or serving requirements necessary to reduce the spread of COVID-19 or comply with the
Executive Orders of the Governor’s office; and
W
HEREAS, approval for these temporary exceptions expired at 11:59 pm on
November 30, 2020, while the Governor’s orders limiting patronage at bars, restaurants,
and other retail establishments remain as of the date of this resolution and are likely to
remain in effect into 2021.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF GOLDEN VALLEY, MINNESOTA, that;
1.The City will continue to offer these temporary exceptions for retail
Resolution No. 20-84 -2- December 15, 2020
establishments, including but not limited to bars, restaurants, and other retail
stores (“Establishments”). 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
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
ServiceArea 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
Resolution No. 20-84 -3- December 15, 2020
their Temporary Outdoor Service Permitapplication 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
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. Nothing in this Resolution shall require the City Manager or their designee to grant
any Temporary Outdoor Service Area Permit, nor shall it prevent the City, without
notice or other process, from immediately revoking any Temporary Outdoor Service
Area Permit once issued or from taking any other action enforcement action. The
decision to grant or revoke all Temporary Outdoor Service Area permits shall be
solely in the discretion of the City Manager or their designee.
9. 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 remain in effect until the City of Golden Valley local
emergency declared on March 16, 2020 is terminated, unless earlier terminated
by the 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.
Resolution No. 20-84 -4- December 15, 2020
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Adopted by the City Council of Golden Valley, Minnesota this 15day of December, 2020.
__________________________
Shepard M. Harris, Mayor
ATTEST:
__________________________
Theresa J. Schyma, City Clerk