HomeMy WebLinkAboutResolution 9255CITY OF MOUNDS VIEW, MINNESOTA
RESOLUTION 9255
A RESOLUTION ENACTED PURSUANT TO MINNESOTA STATUTES
SECTION 12.29 EXTENDING THE PERIOD OF A
MAYOR -DECLARED LOCAL EMERGENCY
WHEREAS, the Mayor of the City of Mounds View, Minnesota by Mayoral Declaration No.
2020-1 has declared that a local emergency is in effect in the City as of 3:00 p.m. on Friday March
20, 2020; and
WHEREAS, the City Council of the City of Mounds View 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 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
WHEREAS, Minnesota Statutes Sections 12.29 and 12.37 authorize the actions taken in this
resolution and provide that emergency contracts and agreements are not subject to the normal
purchasing and competitive bidding requirements because of the local emergency.
NOW, THEREFORE, BE IT RESOLVED BY THE MOUNDS VIEW CITY
COUNCIL as follows:
1. The Mayor's Declaration of a local emergency is continued in effect until further action
of the City Council.
2. 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.
3. The Mayor and City Administrator are authorized to execute any 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.
4. 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.
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5. 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 this 201h day of March, 2020.
fir. C�r
Carol A. Mueller, Ntyor
Attest:
- A4 �
NYA Zikm d, City Administrator
Seal:
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Mayor Carol A. Mueller's Statement and Determination
Regarding Conducting Meetings by Telephone or Other Electronic Means
As the Mayor of the City of Mounds View, Minnesota I find as follows:
a. 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,
how it spreads and the likely extent of infection.
b. 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.
c. 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.
d. The Minnesota Department of Health has provided specific guidance encouraging
postponement or cancelation of events that do not allow social distancing of at least six feet
per person, which is generally not practical to achieve in the City Council chambers or in the
other rooms where the City's boards and commissions may meet.
e. Minnesota Statutes, section 13D.021 authorizes cities to meet by telephone or other electronic
means if the presiding officer, chief legal counsel, or chief administrative officer determines
that meeting in person or by interactive television is not practical or prudent because of the
existence of a declared health pandemic or emergency. I have consulted with the city
administrator and city attorney in making this determination.
Based on the above findings, I determine as follows:
Until further notice, all meetings of City bodies governed by Minnesota Statutes, Chapter 13D,
including but not limited to City Council meetings, and meetings of all boards, committees,
and commissions of the City, shall be conducted by telephone or other electronic means
because it is not practical or prudent to hold those meetings in person or by interactive
television. All such meetings must comply with the requirements in Minnesota Statutes,
Section 13D.021.
2. Attendance by members of the public and the presence of at least one council member, the city
administrator or city attorney at the City Council chambers for such meetings is not feasible
due to the health pandemic and the emergency declaration.
Dated: March 20, 2020.
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i
Carol A. Mueller, Mayor
City of Mounds View, Minnesota
C H A R T E R E D
DATE: January 19, 2022
Offices in Fifth Street Towers
150 South Fifth Street, Suite 700
Minneapolis Minneapolis MN 55402-1299
Saint Paul (612) 337-9300 telephone
(612) 337-9310 fax
St. Cloud http://www.kennedy-graven.com
Affirmative Action, Equal Opportunity Employer
10 1 DI [4111 7 \\ `l 1i u
TO: Nyle Zikmund, City Administrator
FROM: Scott Riggs, City Attorney
Joseph Sathe, Assistant City Attorney
RE: Returning to Remote Meetings Under Minn. Stat. 13D.021
Minnesota Statutes, section 13D.021 allows a public meeting to be conducted by telephone or interactive
technology if an authorized individual (the presiding officer, chief legal counsel, or chief administrative
officer) determines that an in -person meeting is not practical or prudent because of one of the following
justifications: 1) health pandemic; 2) local emergency; or 3) statewide emergency.
To return to remote meetings under Minn. Stat. 13D.021 without a declared emergency, an authorized
individual may rely on the existence and impact of a "health pandemic." The term "health pandemic" is not
defined in state law and therefore when there is a declared state of emergency relying on the declared
emergency to allow remote meetings is the preferred option. However, the existence of a "health pandemic'
alone is a lawful justification to hold remote meetings and there is little doubt that the pandemic remains
with us today. Relying on the existence of a health pandemic is also a more conservative approach than
declaring an emergency when the only "power" needed is the ability to meet remotely.
The decision/determination to allow the city council and other public bodies to meet remotely is made by
an authorized individual (generally, the mayor) and does not require action by the city council.
To move the city to remote meetings, the authorized individual must determine that is not prudent or
practical to conduct fully in -person meetings. The "prudent or practical" determination allows meetings to
be conducted remotely but requires that a member of the public body, the chief legal counsel, or the chief
administrative officer to be at the regular meeting location.
A second determination providing that is it "not feasible" to have any person at the regular meeting location
is required to allow meetings to be fully remote with no person at the regular meeting location.
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Mayor Mueller's Statement and Determination
Regarding Conducting Meetings by Telephone or Interactive Technology
As the Mayor of the City of Mounds View, Minnesota I find as follows:
a. The spread of COVID-19, including the increasing spread of the Delta and Omicron variants, in the United
States and Minnesota has raised serious public health concerns.
b. The Delta and Omicron variants have been found to spread more easily, including between both
vaccinated and unvaccinated individuals.
c. After months of steady decline in the number of positive cases of COVID-19 there has been an increase
in the number of cases in Minnesota and Ramsey County over the past six months, and especially in the
past month, and the Centers for Disease Control has categorized community spread in Minnesota and
Ramsey County as "high", the highest level for identifying community spread.
d. Minnesota Statutes, section 13D.021 authorizes cities to meet by telephone or interactive technology if
the presiding officer, chief legal counsel, or chief administrative officer determines that meeting in person
is not practical or prudent because of the existence of a health pandemic. I have consulted with the city
administrator and the city attorney in making this determination.
Based on the above findings, I determine as follows:
Effective immediately and until further notice, meetings of City bodies governed by Minnesota Statutes,
Chapter 13D, including but not limited to City Council meetings, boards, and commissions, may be
conducted by telephone or interactive technology at times when it is not practical or prudent to hold those
meetings in person due to the existence of the health pandemic. All such meetings must comply with the
requirements in Minnesota Statutes, section 13D.021.
2. Attendance by members of the public and the presence of at least one council member, the city
administrator, or city attorney at the City Council chambers for such meetings is not feasible due to the
health pandemic.
Dated: January AJ, 2022.
Carol Mueller, May r
City of Mounds View, Minnesota
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