ADMINISTRATION - Michelle A. Wolfe, City Manager
Title
EXTENDING THE PERIOD OF A MAYOR-DECLARED LOCAL EMERGENCY IN RESPONSE TO THE COVID-19 PANDEMIC
Background
Staff is requesting the extension of the declaration of a state of local emergency declared by the Mayor on March 13, 2020, and extended by Council on March 16 in response to the COVID-19 pandemic and the resulting peacetime state of emergency declared by Governor Walz.
The Mayor originally declared an emergency on March 13. Council extended the declaration on March 16, April 6, and May 4. Per Sec. 30-36 - Emergency regulations, declarations expire at the end of 30 days after the effective date. The declaration was last extended May 4 and is being brought forward for review and consideration prior to expiration on June 4.
Several discussions have occurred regarding the declaration of local emergency. In order to assist with evaluating the need for an additional extension, the attached chart was prepared. The chart outlines the major functions of an emergency order and attempts to describe possible impacts if the declaration is not extended. This chart was prepared with input and review by the City Attorney and Emergency Management Director.
In addition to the chart, staff has attempted to develop a list of criteria for Council to consider when determining whether to extend the declaration, which includes factors related specifically to the COVID-19 crisis. The criteria below are derived from the emergency declaration. Council can weigh these factors in considering whether to extend the declaration.
1. Agreement that significant and/or timely purchases are unlikely to be needed in response to the crisis.
2. All members of City Council are able to gather safely for an in person public meeting.
3. The need for an active EOC is no longer necessary.
4. A need for Council to enact specific emergency regulations is not foreseen.
Additional criteria that could be considered include:
5. Governor’s continuance of peacetime emergency.
6. Ability for groups larger than __ congregating together.*
7. Decrease of social distancing from 6 ft. to __ ft.*
8. Stable or decrease in number of positive COVID-19 cases.
*Numbers to be filled in after additional research and/or discussion
At this time staff recommends the emergency declaration be extended based on criteria 1-4 above. In addition, due to Council’s meeting schedule any extension approved on June 1 would expire July 1. Staff suggests including consideration of the next extension on the June 15 meeting. The other option would be to schedule a special meeting prior to July 6 to allow Council the opportunity to discuss any extension.
Recommendation
By motion, adopt the resolution extending the period of a mayor-declared local emergency.
Body
This resolution is enacted under authority of Minnesota Statutes Sections 12.29 and 12.37.
WHEREAS, the Mayor of Blaine (the “Mayor”) has found that the following situation (the “Situation”) exists:
COVID-19 pandemic and the resulting peacetime state of emergency declared by Governor Walz.
WHEREAS, the Mayor has declared that the situation is a local emergency; and
WHEREAS, the City Council consents to the continuation of the Mayor’s original declaration of a local emergency dated Friday March 16, 2020, and subsequently continued on May 4, 2020.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Blaine as follows:
The City Council declares that the Situation constitutes continuation of the local emergency until after June 4, 2020.
This declaration of a local emergency will invoke the city’s disaster plan. The portions that are necessary for response to and recovery from the emergency must be used. The City Manager, pursuant to City Code Section 3-36, is, notwithstanding any statutory or charter provision to the contrary, empowered, through its governing body, acting within or without the corporate limits of city, to enter into contracts and incur obligations necessary to combat such disaster by protecting the health and safety of persons and property and providing emergency assistance to the victims of such disaster. The city may exercise such powers in the light of the exigencies of the disaster without compliance with the time consuming procedures and formalities prescribed by law pertaining to the performance of public work, entering rental equipment agreements, purchase of supplies and materials, limitations upon tax levies, and the appropriation and expenditure of public funds including, but not limited to, publication of resolutions, publication of call for bids, provisions of personnel laws and rules, provisions relating to low bids, and requirement for budgets.
This declaration of local emergency authorizes the City to exercise its powers to fast provide emergency aid pursuant to Minnesota Statutes Section 12.37 until June 16, 2020.
PASSED by the City Council of the City of Blaine this 1st day of June, 2020.