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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