HomeMy WebLinkAboutResolution 2020-42 Authorizing Granting of Regulatory BusinessesCity of Corcoran
County of Hennepin
State of Minnesota
RESOLUTION NO. 2020-42
Motion By: Dejewski
Seconded By: Schultz
May 28, 2020
A RESOLUTION AUTHORIZING THE GRANTING OF 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; and
WHEREAS, on March 18, 2020, Mayor Thomas of the City of Corcoran issued a declaration of local
emergency and on March 20, 2020 and the City Council acted by resolution to extend the local emergency
declaration until the Peacetime State of Emergency declared by Minnesota Governor Tim Walz is formally
terminated, or unless further extended or shortened by the Corcoran City Council prior to such
termination; 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 bars and 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 and complies with limits imposed on the number of customers that may be
served at one time; and
WHEREAS, the Governor's office has encouraged local governments to be creative in working with
businesses as they reopen, particularly bars and restaurants which are initially limited to outdoor service
only; 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 state'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 limited 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 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 best 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 Corcoran 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. Regulatory flexibility may only be granted as part of a written plan
the City Administrator approves for a particular business entity.
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City of Corcoran
County of Hennepin
State of Minnesota
RESOLUTION NO. 2020-42
May 28, 2020
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 "compact and contiguous"
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) Such other flexibility in the City's regulations and the enforcement of those regulations as the
City Administrator 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 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 or right-of-
way.
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) Fully implementing its COVID-19 Preparedness Plan;
(c) Obtaining and maintaining additional insurance to cover any expanded areas of the business
premises;
(d) Taking all steps necessary to make and keep the business premises safe for public use and
occupation;
(e) Complying with local regulations not directly related to the regulatory flexibility granted in the
plan approved by the City Administrator; or
(f) 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 take effect immediately and shall
continue through October 31, 2020, unless extended or shortened by the City Council.
6. Such approvals granted pursuant to this Resolution shall expire upon a date to be determined by the
City Council as it reviews and responds further to the local emergency declaration. No business shall
be entitled to rely upon an effective term of the regulatory flexibility granted pursuant to this
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City of Corcoran
County of Hennepin
State of Minnesota
RESOLUTION NO. 2020-42
May 28, 2020
Resolution, and any business granted such authority shall make premises alterations at its own cost
and risk;
7. The City Administrator shall submit a report to the City Council identifying the businesses granted
regulatory flexibility and the types of flexibility granted at the next meeting following approval.
VOTING AYE
® Thomas, Ron
® Anderson, Tom
® Bottema, Jonathan
® Dejewski, Brian
® Schultz, Alan
VOTING NAY
❑ Thomas, Ron
❑ Anderson, Tom
❑ Bottema, Jonathan
❑ Dejewski, Brian
❑ Schultz, Alan
Whereupon, said Resolution is hereby declared adopted on this 28th day of May 2020.
ATTEST:
J
Ron Thomas -Mayor
ve Services Director
City Seal
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