Title
Resolution extending temporary actions in response to the COVID-19 emergency to provide for safe economic activity.
Body
CITY PROPOSAL:
WHEREAS, temporary business closures, reductions in commercial activity, and modifications to business practices have been necessary to secure the safety of the public during the COVID-19 pandemic; and
WHEREAS, the continuing COVID-19 pandemic is negatively impacting business operations and opportunities for local commerce throughout the city; and
WHEREAS, the city of Duluth seeks to continue and expand upon existing options for businesses to reopen while establishing safe social distancing practices; and
WHEREAS, on May 11, 2020, the city of Duluth adopted Resolution 20-0422R, allowing for temporary actions to support safe reopening of businesses which was focused on a period ending December 31, 2020; and
WHEREAS, additional guidance from the US Center for Disease Control and other state and federal partners necessitates an extension of time for the waiver of fees and other modifications to the original resolution.
NOW, THEREFORE, BE IT RESOLVED, that the council hereby extends the following temporary actions and authorizes appropriate staff to modify processes accordingly:
1. Application fees, established pursuant to City Council Resolution 19-0793R, for the following applications under Chapter 50, Unified Development Chapter, shall be waived for businesses that demonstrate an impact to their business resulting from the Order and a need to comply with social distancing practices:
a. 50-37.12: Sidewalk Use Permit
b. 50-37.13: Zoning Permit, when such Temporary Use Permit is related to actions associated with:
i. Parklets as defined in the UDC Application Manual
ii. Business reopening
iii. Social distancing
c. 50-27.1: Sign Permits, when such signage is related to actions associated with business reopening or social distancing.
2. Administrative procedures for Sidewalk Use Permits, Zoning Permits, Parklet Permits, or Sign Permits, as established under 50-36.4, shall be reviewed and modified to streamline and accelerate review processes.
3. Administrative procedures for use of sidewalks and boulevards under Section 45.4 shall be reviewed and modified to streamline and accelerate review processes.
4. Parking procedures and approval timelines explicit and/or implied under Section 33-96 shall continue to be situationally modified so as to facilitate the temporary installation of curbside pickup zones, provided that such zones will be removed and the pre-existing parking configurations restored following the expiration timeline(s) specified in the Resolution. Permanent parking configuration changes are not included under the provisions of this Resolution.
5. Procedures for special event permits shall be effectively coordinated between city departments in support of socially distanced outdoor activity during winter months.
BE IT FURTHER RESOLVED, that no such temporary actions shall be permitted should those temporary actions result in blockage or interference with the free movement of the public on sidewalks and rights-of-way or in violations of provisions of the federal Americans with Disabilities act.
BE IT FURTHER RESOLVED, that such temporary actions as described herein shall be effective as of the date of this resolution until such time as this resolution is rescinded, but no later than October 31, 2021.
BE IT FURTHER RESOLVED, that further innovations to support local businesses shall be evaluated and considered in support of community resilience until the end of the COVID-19 pandemic.
Statement of Purpose
STATEMENT OF PURPOSE: The purpose of this resolution is to waive certain fees and to modify certain processes to allow for effective response to the COVID-19 pandemic. The intent is to allow for greater ability to quickly establish social distancing practices at local businesses, and to allow for new business innovations such as curbside pickup, on a temporary basis. These actions were originally allowed under a similar resolution passed by City Council on May 11, 2020, and successfully allowed businesses to operate through 2020. With this resolution, the activities would be extended until October 31, 2021. Access corridors for ADA access will be prioritized in all circumstances that are proposed for additional commercial activity under this resolution.