HomeMy WebLinkAbout#09 - Declaring and Extending Local EmergencySTAFF REPORT
DATE: April 7, 2020
TO: Honorable Mayor and Council
AGENDA ITEM: Declaration of a Local Emergency
SUBMITTED BY: Jake Dickson, Assistant City Administrator
BACKGROUND:
On March 11, 2020, the World Health Organization determined that the COVID-19 outbreak
constitutes a pandemic. On March 13, 2020, President Trump declared a national state of emergency
as a result of the pandemic. On March 13, 2020, Governor Tim Walz issued Emergency Executive
Order 20-01 declaring a state of peacetime emergency to address the COVID-19 pandemic in
Minnesota. The Governor’s Executive Order triggered activation of the City’s emergency
management plan and enabled the City to exercise its emergency powers. The spread of COVID-19
in the United States and Minnesota has raised serious public health concerns and resulted in a great
deal of uncertainty. Much remains unknown about the virus and how it spreads.
ISSUE BEFORE COUNCIL:
Should the Council declare a local emergency?
PROPOSAL:
The declaration of a local emergency authorizes the City to enter into contracts and procure materials,
equipment and services required to respond to the local emergency.. The declaration of a local emergency
also allows the City to exercise powers without compliance with time-consuming procedures otherwise
required by law.
FISCAL IMPACT:
None
RECOMMENDATION:
Staff is recommending that the City Council consider declaring a local emergency.
ATTACHMENTS:
• Mayoral Declaration No. 2020-01 Declaring a Local Emergency
• Resolution 2020-033 A Resolution Enacted Pursuant to Minnesota Statutes Section 12.29
Declaring and Extending the Period of a Local Emergency
CITY OF LAKE ELMO, MINNESOTA
MAYORAL DECLARATION NO. 2020-01
DECLARING A LOCAL EMERGENCY
WHEREAS, the Mayor of the City of Lake Elmo, Minnesota (“Mayor”) finds that the following local
emergency (“Emergency”) exists in the City of Lake Elmo, Minnesota (“City”):
1. On March 11, 2020, the World Health Organization determined that the COVID-19 outbreak
constitutes a pandemic. On March 13, 2020, President Trump declared a national state of emergency
as a result of the pandemic.
2. On March 13, 2020, Governor Tim Walz issued Emergency Executive Order 20-01 declaring a state
of peacetime emergency to address the COVID-19 pandemic in Minnesota. The Governor’s
Executive Order triggered activation of the City’s emergency management plan and enabled the City
to exercise its emergency powers.
3. The spread of COVID-19 in the United States and Minnesota has raised serious public health concerns
and resulted in a great deal of uncertainty. Much remains unknown about the virus and how it spreads.
WHEREAS, Minnesota Statutes Section 12.29 authorizes the Mayor to declare the existence of the Emergency,
to invoke necessary portions of the emergency operations plans, and to authorize aid and services in accordance
with interjurisdictional agreements; and
WHEREAS, Minnesota Statutes Section 12.37 authorizes the City, acting through its governing body, to: (1)
enter into contracts and incur obligations necessary to combat the disaster by protecting the health and safety of
persons and property and by providing emergency assistance to the victims of the disaster; and (2) exercise the
powers vested by that section in the light of the exigencies of the disaster without compliance with time-
consuming procedures and formalities otherwise prescribed by law; and
WHEREAS, the Mayor finds that the Emergency is sudden and could not have been anticipated; and
WHEREAS, the Mayor finds that this situation threatens the health, safety, and welfare of the residents of the
community and threatens the provision and delivery of city services as a result of the Emergency; and
WHEREAS, the Mayor finds that the Emergency poses the risk of and may cause catastrophic loss of public
health, safety, and welfare if not immediately addressed; and
NOW, THEREFORE, as the Mayor of the City of Lake Elmo, Minnesota, I declare that a Local Emergency exists
effective at 7:00 p.m. on April 4, 2020 in the City of Lake Elmo, Minnesota.
This declaration of a local emergency will invoke the City’s emergency operations plans. The portions that
are necessary for response to and recovery from the Emergency are authorized, including but not limited to
all appropriate community containment and mitigation strategies. To the extent normal state laws and City
policies and procedures impede an efficient response or compliance with federal and state directives and
recommendations, the City Administrator, City staff, the members of the Washington County Sheriff’s
Department, and their designees are authorized to suspend compliance with those laws, policies, and
procedures and to take those actions necessary to protect the public health, safety, and welfare.
Dated: April _____, 2020. ________________________
Mike Pearson, Mayor
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2020-033
A RESOLUTION ENACTED PURSUANT TO MINNESOTA STATUTES SECTION
12.29 DECLARING AND EXTENDING THE PERIOD OF A LOCAL EMERGENCY
WHEREAS, Mike Pearson, Mayor of the City of Lake Elmo has determined that the
following local emergency exists within the City of Lake Elmo due to the COVID-19 health
pandemic; and
WHEREAS, the Mayor’s declaration is based in part on the following:
1. On March 11, 2020, the World Health Organization determined that the COVID-19
outbreak constitutes a pandemic. On March 13, 2020, President Trump declared a
national state of emergency as a result of the pandemic.
2. On March 13, 2020, Governor Tim Walz issued Emergency Executive Order 20-01
declaring a state of peacetime emergency to address the COVID-19 pandemic in
Minnesota. The Governor’s Executive Order triggered activation of the City’s
emergency management plan and enabled the City to exercise its emergency powers.
3. The spread of COVID-19 in the United States and Minnesota has raised serious public
health concerns and resulted in a great deal of uncertainty. Much remains unknown about
the virus and how it spreads.
WHEREAS, Minnesota Statutes Section 12.29 authorizes the Mayor to declare the
existence of a local emergency, to invoke any necessary portions of the City’s emergency
operations plans and any pandemic response plan, and to authorize aid and services in
accordance with interjurisdictional agreements; and
WHEREAS, Minnesota Statutes Section 12.37 authorizes the City, acting through its
governing body, to: (1) enter into contracts and incur obligations necessary to combat the
disaster by protecting the health and safety of persons and property and by providing
emergency assistance to the victims of the disaster; and (2) exercise the powers vested by that
section in the light of the exigencies of the disaster without compliance with time-consuming
procedures and formalities otherwise prescribed by law; and
WHEREAS, the Mayor finds that the emergency is sudden and could not have been
anticipated; and
WHEREAS, the Mayor finds that this situation threatens the health, safety, and welfare of
the residents of the community and threatens the provision and delivery of City services as a
result of the emergency; and
WHEREAS, the Mayor finds that the emergency poses the risk of and may cause
catastrophic loss of public health, safety, and welfare if not immediately addressed; and
WHEREAS, the City Council of the City of Lake Elmo agrees with the Mayor’s
determination and further finds that the local emergency will last for more than three days and
that immediate action to respond to the local emergency is needed in order to protect the health,
safety and welfare of the City and the community; and
WHEREAS, the City Council finds that this emergency, which involves an outbreak of an
infectious disease (COVID-19), is a highly fluid and evolving situation, and in the interest of the
public health, a response or action may be needed that requires deviation from standard
procedures for procuring goods and services; and
NOW, THEREFORE, BE IT RESOLVED,
1. The Mayor’s determination and Council extension of a local emergency invokes
the City’s emergency operations plans. The portions that are necessary for
response to and recovery from the emergency are authorized, including but not
limited to all appropriate community containment and mitigation strategies. To the
extent normal state laws and City policies and procedures impede an efficient
response or compliance with federal and state directives and recommendations,
the City Administrator, City staff, and their designees are authorized to suspend
compliance with those laws, policies, and procedures and to take those actions
necessary to protect the public health, safety, and welfare.
2. The state of local emergency is continued in effect until further action of the City
Council.
3. City staff is authorized to enter into agreements and contracts necessary for the
procurement of materials, equipment, and services required to respond to the local
emergency.
4. The Mayor and City Clerk are authorized to execute any necessary agreements,
contracts, and related documents regarding the local emergency necessary to
implement corrective action relative to the local emergency to protect the health, safety,
and welfare of the City and the community.
5. City staff is authorized to take any appropriate action and to prepare any appropriate
documents to facilitate the directives of the Council as set forth in this resolution.
6. The Mayor, City Administrator, City staff, City Attorney, and City consultants are
authorized and directed to take any and all additional steps and actions necessary or
convenient in order to accomplish the intent of this resolution.
ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE 7TH DAY OF APRIL 2020.
CITY OF LAKE ELMO
By: __________________________
Mike Pearson
(Seal) Mayor
ATTEST:
________________________________
Julie Johnson
City Clerk