HomeMy WebLinkAbout2020-051 (temporary waiver of city code permit and zoning requirements to promote business activities during the covid-19 health pandemic)RESOLUTION NO. 2020-051
CITY OF STILLWATER
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION APPROVING TEMPORARY WAIVER OF CITY CODE PERMIT
AND ZONING REQUIREMENTS TO PROMOTE BUSINESS ACTIVITIES
DURING THE COVID-19 HEALTH PANDEMIC
WHEREAS, on March 13, 2020 Minnesota Governor Tim Walz issued Executive
Order 20-01 declaring a Peace Time Emergency and Coordinating Minnesota's Strategy
to Protect Minnesotans from COVID-19, and
WHEREAS, in response, on March 16, 2020 Mayor Kozlowski declared a Local
Emergency in recognition of the community risk posed by COVID-19, and
WHEREAS, on March 17, 2020, the City of Stillwater City Council adopted the
Local Emergency declaration and invoked the city emergency plan and authorized
appropriate response strategies to the pandemic, and
WHEREAS, the City of Stillwater City Council recognizes the continued risk and
threat of community spread of the COVID-19 virus and the negative impact it has had on
local business and further recognizes the potential negative impact that may continue
upon reopening absent the ability of businesses to provide appropriate distancing
between its patrons and its employees while operating profitably, and
WHEREAS, in furtherance of the federal, state and local government response,
there is a need to provide multiple, additional, or alternative customer service areas on
commercial sites within the City in order to limit forward -facing exchanges between
customers and employees and to promote physical and social distancing between patrons
of a business and persons engaged in business activities.
NOW, THEREFORE, be it resolved that the City Council of the City of Stillwater
does hereby authorize the following:
1. A business located in a commercial or industrial zone may establish drive -up or
drive- through areas, customer ordering, waiting or pick-up areas, or customer
seating or service areas on its property to facilitate safe commercial activity
conducted consistent with federal and state orders or health and safety
guidelines, in accordance with the following:
a. The Community Development Department shall have the authority to
establish performance standards to implement the terms of this Resolution.
b. Other than an amendment to a liquor license, no zoning, conditional use, or
any other Stillwater permit as otherwise required under City Code or Zoning
Code shall be required for any temporary structure or operation related to
customer service, waiting or dining seating areas; or on -site signage and
storage; or other temporary outdoor use is proposed to occur outside of the
business establishment provided the Community Development
Department's performance standards are met.
c. Any temporary structure or operation related to customer service, waiting.
or dining seating areas; or on -site signage and storage; or other temporary
outdoor use proposed to occur outside of the business establishment that is
otherwise prohibited by City Code or Zoning Code may be permitted subject
to approval of the Community Development Department or Council as set
forth herein.
d. Any business that desires to take advantage of such opportunity must
complete an application form prepared by the Community Development
Department.
e. The Community Development Director or designee shall have the authority
to review and approve or deny a permit for any proposed temporary
structure or operation related to customer service, waiting or dining seating
areas; or on -site signage and storage; or other temporary outdoor use that is
proposed to occur outside of the business establishment in accordance with
the established performance standards.
f. All operations allowed hereunder must comply with the Community
Development Department's established performance standards.
2. Any on -sale liquor establishment shall be required to obtain City Council
approval to amend its service area, which approval shall not be denied as long
as it complies with the Community Development Department's performance
standards.
3. The authority granted to the Community Development Director hereunder shall
not otherwise allow any use or operation that is not in compliance with any
federal laws or regulations, Minnesota statutes and regulations, including State
Building and Fire Codes, and the Minnesota liquor licensing regulations.
4. The City reserves the right to revoke and terminate permission of any drive -up
or drive- through areas, customer ordering, waiting or pick-up areas, or
customer seating or service areas if it is in the interest of the public health, safety
and welfare, as determined by the Police Chief or City Administrator.
5. This Resolution is effective immediately subject to federal and state laws or
orders relative to the permissibility of business operations and unless terminated
earlier by the Council, shall be in effect through November 1, 2020.
Adopted by the City Council of the City of Stillwater, Minnesota this 27th day of May, 2020.
CITY OF STILLWATER
Tedalews: Mayor
ATTEST:
Beth Wolf, City Cie