8.4. SR 04-06-2020
Request for Action
To Item Number
Mayor and City Council 8.4
Agenda Section Meeting Date Prepared by
Consent April 6, 2020 Cal Portner, City Administrator
Item Description Reviewed by
Resolution Enacted Pursuant to Minnesota Statutes Peter Beck, City Attorney
Section 12.29 Extending Period of Mayor-Declared
Reviewed by
Local Emergency
Action Requested
Adopt, by motion, a resolution enacted pursuant to Minnesota Statutes Section 12.29 extending the
period of a mayor-declared local emergency.
Background/Discussion
Following the national and international declaration of a COVID-19 pandemic and in consultation with
the city attorney and mayor, the city administrator determined the need for a declaration to hold
electronic meetings in accordance with state statutes.
On April 3, 2020, the mayor declared a local emergency, which has a 3-day limitation unless extended by
the City Council.
The local emergency eases legal procedures for contracts, purchases and public notice. Following the state
and county declarations, the city finance department began documenting pandemic-related expenses and
time off in preparation of this declaration and possible reimbursements.
Financial Impact
N/A
Attachments
Resolution
Emergency Declaration and Proclamation
Electronic Meeting Declaration
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity
City of Elk River
City Council
Resolution 20-____
A Resolution of the City Council of the City of Elk River Enacted Pursuant to
Minnesota Statutes Section 12.29 Extending the Period of a Mayor-Declared
Local Emergency
WHEREAS, the Mayor of the City of Elk River, Minnesota, (“City”) by proclamation
dated April 3, 2020, has declared that a local emergency is in effect in the City; and
WHEREAS, the City Council of the City of Elk River 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 Administrator of the City of Elk River, Minnesota, by proclamation
dated March 26, 2020, has declared that all city meetings shall be held by telephone or other
electronic means pursuant to Minnesota Statute, section 13D.021; and
WHEREAS, the state of emergency, health pandemic, and concerns for the safety of City
staff and the public, has made it no longer feasible to have an authorized person or members
of the public present at the regular meeting locations of the City pursuant to Minnesota
Statute, section 13D.021, subd. 1 (3) and (4); 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 §§ 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 City Council of the City of Elk
River, Minnesota, as follows:
1. The Mayor’s Declaration of a local emergency is continued in effect until further
action of the City Council or as long as the State of Minnesota peacetime
emergency declaration of the Governor’s Executive Order 20-01 remains in
effect.
2. Meetings of the City Council and other City commissions shall continue to be
held through electronic means until further action of the City Council.
3. City staff is directed to schedule future meetings without city staff or the public
at the regular meeting location.
4. 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.
5. The Mayor and City Administrator 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.
6. 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.
7. 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.
th
Passed and adopted this 6day of April 2020.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
Proclamation and Declaration of Emergency
WHEREAS, the virus named COVID-19 is a new strain of coronavirus that has not previously
been identified in humans and can easily spread from person to person; and
WHEREAS, on March 13, 2020, Governor Tim Walz declared a Peacetime State of Emergency to
authorize all necessary resources to be used in support of the COVID-19 response; and
WHEREAS, COVID-19 has been identified by the World Health Organization as a pandemic,
and the United States Centers for Disease Control has provided guidance for individuals, healthcare
professionals, and businesses to slow the spread of COVID-19; and
WHEREAS, on March 25, 2020, Governor Timothy J. Walz issued a stay at home order requiring
non-essential employees and public officials to limit interaction with the public; and
WHEREAS, the current pandemic has had a detrimental effect on the City of Elk River (the
“City”); and
WHEREAS, on March 26, 2020, the City Administrator issued a declaration calling for City
meetings to be held by electronic means; and
WHEREAS, Minnesota Statutes, section 12.29 authorizes the mayor of a municipality to declare a
local emergency for a period of up to three days; and
WHEREAS, the Elk River City Council may consent to an extension of a declaration of local
emergency beyond three days; and.
WHEREAS, Minnesota Statutes, section 12.37 an emergency declaration authorizes the City
to enter into contracts and perform other duties without following many of the time-consuming
legal procedures normally required, including:
Arranging for the performance of public work
Contracting
Incurring obligations
Employing temporary workers
Renting equipment
Purchasing supplies and materials
Complying with limitation on tax levies
Appropriating and expending public funds, including publication of ordinance and
resolutions, advertisement for bids, provisions of civil service laws and rules, competitive
bidding, and budget requirements; 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 Mayor finds that traditional sources of relief are not able to repair or prevent
the injury and loss.
NOW, THEREFORE, BE IT RESOLVED, that I, John J. Dietz, Mayor of Elk River, do
hereby proclaim:
1. A local state of emergency is declared for the City of Elk River pursuant to Minnesota
Statutes, chapter 12.
2. The City staff is directed to review ordinance and regulatory requirements, operations,
civil and legal proceedings, events, and resources to determine whether the foregoing
should be adjusted or suspended, and to make recommendations regarding additional
emergency regulations to support the employees and residents of the City.
3. All City departments and offices are directed to operate and support the response to
this incident, under the direction and coordination of the Emergency Management
Director and Emergency Management Team, including implementing new employee
protocols, strategies, and processes to ensure that public services are maintained.
4. The City Administrator and other appropriate City staff shall request and coordinate
appropriate aid and resources from surrounding jurisdictions, Sherburne County, the
State of Minnesota, and the Federal government, as needed.
5. Public meetings shall be held consistent with the prior declaration of the City
Administrator pursuant to Minnesota Statutes, section 13D.021.
6. This declaration shall continue for not more than a period of three days from the date
of execution unless extended by the City Council.
7. A meeting of the City Council shall be held on April 6, 2020, at 6:30 p.m. to discuss
this declaration and consider extending the declaration.
8. The City Clerk is directed to give this declaration prompt and general publicity and file
consistent with.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
City of Elk River Declaration
Determination Regarding Conducting Meetings by
Telephone or Other Electronic Means
As the City Administrator of the City of Elk River (the “City”) I find as follows:
a. The coronavirus (“COVID-19”) has been declared a health pandemic and national and state
emergencies, have been declared.
b. On January 31, 2020, the Secretary of the U.S. Health and Human Services declared a public health
emergency in response to COVID-19.
c. On March 11, 2020, the World Health Organization (WHO) recognized the global outbreak COVID-
19 as a pandemic.
d. On March 13, 2020, President Donald J. Trump proclaimed the outbreak of COVID-19 in the United
States a national emergency.
e. On March 20, 2020, Governor Timothy J. Walz issued Executive Order 20-01 under Minn. Stat. Ch.
12 declaring the outbreak of COVID-19 in Minnesota a peacetime emergency. On March 16, 2020,
the Minnesota Executive Council extended Executive Order 20-01 for 30 days.
f. On March 25, 2020 Governor Timothy J. Walz issued Executive Order 20-20 under Minn. Stat. Ch.
12 declaring a statewide shelter in place order.
g. 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.
h. Minnesota Statutes, section 13D.021 authorizes cities to meet by telephone or electronic means if it is
determined that meeting in person is not practical or prudent because of a health pandemic or an
emergency declared under Minnesota Statutes, chapter 12.
i. I have consulted with the mayor and city attorney regarding the current situation.
Based on the above findings, I determine as follows:
1. Due to the current pandemic and state of emergency, complying with the provisions of Minnesota
Statutes, Chapter 13D, would threaten the health safety and welfare of City officials, City staff, and the
public.
2. Due to the current pandemic and state of emergency declared under Minnesota Statutes, Chapter 12, it
is not practical or prudent for the City Council, Economic Development Authority, Energy City
Commission, Heritage Preservation Commission, Housing and Redevelopment Authority, Library
Board, Parks and Recreation Commission, Planning Commission, and Elk River Municipal Utilities
Commission (“City Commissions”), and other advisory groups to conduct in person meetings.
3. Until further notice, or until such time as the State of Minnesota determines to no longer be in a state
of emergency, all meetings of City Commissions governed by Minnesota Statute, Section 13D shall be
conducted by telephone or other electronic means.
4. All meetings of City Commissions shall comply with the requirements of Minnesota Statute, section
13D.021.
March 26, 2020
Cal Portner, City Administrator