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8.5. SR 05-18-2020 Request for Action To Item Number Mayor and City Council 8.5 Agenda Section Meeting Date Prepared by General Business May 18, 2020 Cal Portner, City Administrator Item Description Reviewed by Resolution Urging Governor Walz to Allow All Peter Beck, City Attorney Businesses to Reopen Reviewed by Action Requested Discuss and revise, as necessary. Approve, by motion, a resolution urging Governor Walz to allow all businesses to reopen. Background/Discussion On March 13, 2020, Governor Tim Walz issued Emergency Executive Order 20-01 Declaring a Peacetime Emergency and Coordinating Minnesota's Strategy to Protect Minnesotans from COVID-19. On March 16, 2020, the Governor issued Emergency Executive Order 20-04 Providing for Temporary Closure of Bars, Restaurants, and Other Places of Public Accommodation which was extended on March 25 in E.E.O 20- 18. Also, on March 25 E.E.O. 20-20 was issued Directing Minnesotans to Stay at Home. This order included several exemptions from the order for noncritical activities. E.E.O 20-33 extended the stay at home and bar/restaurant/public accommodation orders until May 8. On April 30, E.E. O. 20-48 extended the orders until midnight, May 17. As a clarification to his earlier orders, the Governor has further defined other activities that are exempt from the original order. Some cities have approved resolutions or letters asking the Governor to end the stay at home order and/or to express their opposition to the order. Financial Impact N/A Attachments  Resolution  LMC Update  Public Comment – Debbie Carlson 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 Urging Governor Walz to Allow All Businesses to Reopen WHEREAS, Governor Tim Walz issued Emergency Executive Order 20-01 On March 13, 2020, Declaring a Peacetime Emergency and Coordinating Minnesota's Strategy to Protect Minnesotans from COVID-19; and WHEREAS, On March 16, 2020, the Governor issued Emergency Executive Order 20-04 Providing for Temporary Closure of Bars, Restaurants, and Other Places of Public Accommodation; and WHEREAS, On March 25, 2020, the Governor issued Emergency Executive Order Directing Minnesotans to Stay at Home; and WHEREAS, both orders were extended on April 30, 2020, through Emergency Executive Order 20-48 until midnight on May 17, 2020; and WHEREAS, the orders are a one-size-fits-all approach, which are inconsistently applied and cumbersome to enforce; and WHEREAS, we feel these orders have caused undue hardship and financial loss to many small businesses, some of whom may never recover; and WHEREAS, loss of our local small businesses will have a profound long-term impact on our community; and WHEREAS, the Governor is on record stating Minnesotan’s compliance with state and federal guidelines for social distancing and hygiene has lessened the impact of the pandemic in Minnesota; and WHEREAS, we trust our local businesses can successfully operate and provide adequate protection to our most vulnerable residents and our residents fully understand the importance of following social distancing and CDC guidelines. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota, as follows: The Council respectfully requests Governor Tim Walz retract executive orders closing non-critical businesses and trust businesses to implement proper action plans to safely operate. th Passed and adopted this 18 day of May 2020. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk City Resolutions Supporting Local Businesses Create Questions and Unknown Risks Published: May 14, 2020 Even with the lifting of Gov. Tim Walz’s stay-at-home order, the continuing restrictions on certain businesses — and the varying impacts on communities across the state — are placing many city officials under pressure to express formal support for businesses that don’t comply with the restrictions, most commonly in the form of a council resolution. City resolutions and other affirmative actions taken by local governments in a pandemic are without precedent in modern times. The consequences of non-enforcement of COVID-19 emergency executive orders are unknown and untested. Limit your city’s exposure For these reasons, the League urges cities to exercise restraint against adoption of resolutions or other actions that may expose the city and its officials to civil and/or criminal liability. We also urge cities to consult with their own attorney before taking any official action. Interpretation of current law to particular circumstances and with respect to particular language in a resolution should be left to the city attorney, who is in the best position to weigh all factors. Finally, we encourage cities to reach out to their state and federal elected officials and provide information and examples of the specific negative impacts happening in their communities now — and expected to happen in the future — due to COVID-19 rules, guidelines, and restrictions. Additional considerations Here are some additional points city officials may want to evaluate and discuss with their legal counsel when considering formal resolutions and other actions: • A city does not have authority to change a state law or be less restrictive than state law, unless the law specifically allows for it. Local units of government, including cities and their officers, have only those powers that are granted by the Legislature either expressly or by reasonable implication. Any action passed by a city council should be evaluated within this scope of authority principle. • A city will want to consider all implications, including potential liability for damages and civil penalties, for decisions made regarding non-enforcement of executive orders. Since such actions are without precedent and thus legally untested, cities may be assuming potential liability for unknown and completely novel legal claims and other risks. In addition, whether these risks can be successfully tendered to the League of Minnesota Cities Insurance Trust (LMCIT) for claims coverage is also unknown. If there is no ability for LMCIT to provide coverage, the city could be left paying for litigation costs and damages out of its own pocket. • Minnesota Attorney General Keith Ellison has communicated that he will enforce executive orders, if necessary, but the state has not provided any other specific insights on how it will respond if a local government makes an affirmative decision not to enforce the orders. Also, business owners and employees who act in violation of executive orders could still face criminal charges or administrative penalties (such as license revocation) if they open their businesses in violation of an executive order. Alternative types of resolutions There are many examples of cities passing alternative types of resolutions that reduce or eliminate the above risks. These actions explicitly acknowledge the city’s support for local businesses while strongly encouraging the governor to lift or further relax restrictions. The League has copies of some of these resolutions and can provide them upon request. To make such a request, contact the LMC Research Department at research@lmc.org. —Access more COVID-19 News and Resources Portner, Cal From: Debbie Carlson Sent: Friday, May 15, 2020 8:36 AM To: Portner, Cal Subject: [EXTERNAL] Public comment From: Debbie Carlson, 9998 215t" Ave NW, Elk River. According to the MN Department of Health 5/14/2020: Total tests completed is 128,752 Total positive tests is 13,435 or 10.4% of all tests Health care workers account for 11.9% of all positive tests (1605 out of 13,435). 81% of all deaths (537 out of 663) are residents of nursing homes or other long term care facilities. The lethality of the virus in different age groups is astounding: 0-49 year old is 0.11% (9 deaths out of 7961 cases) 50-69 is 3.09% (106 out of 3433) 70+ is 26.9% (546 out of 2934) For the love of God, why are we not joining surrounding cities and standing up to the Governor's ridiculous Draconian orders? The statistics out there are not conclusive to justify the measures of trying to keep us "safe." We are adults and can be responsible for ourselves. I am shocked at how so many have been willing to give up their constitutional rights. Those that are uncomfortable about going out and about can have the freedom to stay home. realize I need to take this up with the Governor. I have contacted him, however, he doesn't respond. And I believe sometimes in order to get things done it has to start at the Grass Roots Level. So, Elk River, let's be brave and open our community. For example, at the least, children should be able to play outside at playgrounds. There can be a sign posted "enter at your own risk" if city of ER is concerned. At the most, would support any business who wants to open up. Debbie Carlson Your Trusted Referral Source D: 763-234-8088 1 F: 763-241-9234 1 DebbieCarlson@edinarealty.com Edina Realty Referral Network -------- Original message -------- From: "Christianson, Garrett" <Garrett.Christianson@ElkRiverMN.gov> Date: 5/17/20 2:41 PM (GMT-06:00) To: "Portner, Cal" <CPortner@ElkRiverMN.gov> Subject: Fwd: \[EXTERNAL\] Note from Wayne Cornelius to your Facebook Page Garrett Christianson - Elk River City Councilman Cal, See email below from Wayne Cornelius, owner of Professional Karate Studios in Elk River. Please forward this letter to the Mayor and Council and please include this email for public record. I ask that this email be read during the meeting during open forum. Thank you Garrett A. Christianson Ward 1 - Councilman Elk River City Council Cell: 763-300-2794 From: WAYNE CORNELIUS <elkriverpks@aol.com> Sent: Sunday, May 17, 2020 14:24 To: Christianson, Garrett Subject: \[EXTERNAL\] Note from Wayne Cornelius to your Facebook Page Garrett Christianson - Elk River City Councilman Thank you for reaching out. I am the owner of the Professional Karate Studios in Elk River. I started classes 25 years ago. On my 25th anniversary of being self employed I was under the forced state shut down. Not at all how I thought I’d be “celebrating” such a milestone. Recently I purchased the old ISD 728 office building and converted it into a multi unit wellness facility with my business partner Dr Carrie Collyard-Glinsek. Three of the five businesses within our building have been forced by the state to be closed. This has been detrimental to our brand new center. We have not been able to create any new business, both at the center and for my martial arts studio, and are desperately hanging on to the clients we do have. The sooner we are allowed to reopen the better our chances will be to dig ourselves out of this monumental hole that we did not put ourselves into. The longer we have to wait the more dire and harder it will be to rebound from this. I’m sure you know that physical activity and positive coaching interactions (positive mental health building) can be the best immune builders that we can do. I believe wholeheartedly that what do we will help our community, not break it down and be a liability, as we have for the past 25 years. Please feel free to write back or call me at 763-442-4173 if I can be of any help or service to you. Thank you, Wayne Cornelius From: Christianson, Garrett <Garrett.Christianson@ElkRiverMN.gov> Sent: Sunday, May 17, 2020 10:47 PM To: Portner, Cal <CPortner@ElkRiverMN.gov> Subject: Fwd: \[EXTERNAL\] Note from Rachel Webb to your Facebook Page Garrett Christianson - Elk River City Councilman Cal, See email below from Rachel Webb, owner of Bombshell Salon in Elk River. Please forward this email to the Mayor and Council and please include this email for public record. I ask that this email also be read during our meeting at open forum. Thank you! Garrett A. Christianson Ward 1 - Councilman Elk River City Council Cell: 763-300-2794 From: Richard Webb <webb1217@icloud.com> Sent: Sunday, May 17, 2020 22:07 To: Christianson, Garrett Subject: \[EXTERNAL\] Note from Rachel Webb to your Facebook Page Garrett Christianson - Elk River City Councilman Hi Garrett, My name is Rachel Webb and I own Bombshell Salon in Elk River. It has been a scary time as we have been shut down 2 months today and we not knowing the new rules as we hope to reopen June 1st. My salon has 10 independent contractors including myself some who have not received any financial help via unemployment or loans or stimulus package. I also have 4 receptionists without a job. This closure needs to end as we need to work to keep our business going. Lease and utility bills have not stopped even though I have been forced to keep my doors closed. Thank you for your help in getting businesses up and running. Take care, Rachel Webb Bombshellsalonmn@yahoo.com Bombshellsalonmn.com Sent from my iPhone From: "noreply@civicplus.com" <noreply@civicplus.com> Date: May 18, 2020 at 11:38:31 AM CDT To: "Ovall, Nate" <Nate.Ovall@ElkRiverMN.gov> Subject: \[EXTERNAL\] Online Form Submittal: Send Nate Ovall an Email Reply-To: <lesliegriner@gmail.com> Send Nate Ovall an Email TO: Nate Ovall First Name Leslie Last Name Griner Reply Email Address lesliegriner@gmail.com Subject Reopening Businesses and Chruches (Section Break) Comments The Sherburne - COVID-19 Lab-Confirmed Case Overview as reported in the May 16th, 202 Elk River Star News on page 5 shows there is NOT give any creditable support for continuing shutdowns of businesses or churches in Elk River. Please support Mayor Dietz in reopening Elk River. Many of your neighbors and constituents are in an economic life/death situation. Respectfully, Leslie Griner Disclaimer Information submitted is considered public data. Email not displaying correctly? View it in your browser. From: "noreply@civicplus.com" <noreply@civicplus.com> Date: May 18, 2020 at 1:23:30 PM CDT To: "Ovall, Nate" <Nate.Ovall@ElkRiverMN.gov> Subject: \[EXTERNAL\] Online Form Submittal: Send Nate Ovall an Email Reply-To: <hthomton@charter.net> Send Nate Ovall an Email TO: Nate Ovall First Name Heather Last Name Stockman Reply Email Address hthomton@charter.net Subject Requested conditions if small businesses are allowed to open prior to state authority (Section Break) Comments As a citizen of Elk River, I request that the safety of all Elk River citizens be considered fully when deciding whether or not to allow more Elk River small businesses to open before the state allows them to. If small businesses are supported in opening prior to full state authority, please mandate that safety measures be put into place and enforced. Social distancing alone is not enough. Mask wearing should also be a requirement so that all citizens can go about safely. Having been to grocery stores and restaurant curbside pick-ups, mask wearing has not readily been adopted in our community, particularly by small business owners/employees. These two science-based articles demonstrate why mask wearing is important to protect all citizens of our community if you are going to bypass state regulations: https://www.mayoclinic.org/diseases-conditions/coronavirus/in- depth/coronavirus-mask/art-20485449 https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting- sick/cloth-face-cover.html#stud -----Original Message----- From: Astrid Wilson <Astrid_E_Wilson@yahoo.com> Sent: Monday, May 18, 2020 1:07 PM To: Portner, Cal <CPortner@ElkRiverMN.gov> Subject: \[EXTERNAL\] Public Comment To whom it may concern, We would love to see more things open up again. Yes, with caution, social distancing, limiting the amount of people per square footage etc. How about allowing some outdoor seating for restaurants and a limited amount inside? Tables could be placed a good distance from each other. With the summer month the virus is less viable and businesses need some relief financially before the next wave hits plus everybody just needs some sense of normal for a while. Living in Zimmerman but working in Elk River and shopping in Elk River a lot, especially right now. Thanks for your time Family Wilson 12952 8th Ave S Zimmermann MN 55398 763-856-6215 Sent from my iPhone -----Original Message----- From: Quintin Colombe <davidqcolombe@gmail.com> Sent: Monday, May 18, 2020 11:46 AM To: Portner, Cal <CPortner@ElkRiverMN.gov> Subject: \[EXTERNAL\] Public Comments Please open all businesses with no restrictions. Quintin Colombe 13103 9th Ave N Zimmerman MN Sent from my iPhone From: noreply@civicplus.com <noreply@civicplus.com> Sent: Monday, May 18, 2020 11:34:05 AM To: Christianson, Garrett <Garrett.Christianson@ElkRiverMN.gov> Subject: \[EXTERNAL\] Online Form Submittal: Send Garrett Christianson an Email Send Garrett Christianson an Email TO: Garrett Christianson Garrett Christianson First Name Leslie Last Name Griner Reply Email Address lesliegriner@gmail.com Subject Reopening of businesses and churches Comments The Sherburne - COVID-19 Lab-Confirmed Case Overview as reported in the May 16th, 202 Elk River Star News on page 5 shows there is NOT give any creditable support for continuing shutdowns of businesses or churches in Elk River. Please support Mayor Dietz in reopening Elk River. Many of your neighbors and constituents are in an economic life/death situation. Respectfully, Leslie Griner Disclaimer Information submitted is considered public data. Email not displaying correctly? View it in your browser.