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2020-03-25 CC Agenda PacketPLEASE TURN OFF ALL CELL PHONES & PAGERS IN COUNCIL CHAMBERS. CITY OF MOUND MISSION STATEMENT: The City of Mound, through teamwork and cooperation, provides at a reasonable cost, quality services that respond to the needs of all citizens, fostering a safe, attractive and flourishing community. AGENDA MOUND CITY COUNCIL EMERGENCY MEETING 1. Opening meeting 2. Roll Call 3. Pledge of Allegiance 4. Approve agenda, with any amendments via Roll Call Vote WEDNESDAY, MARCH 25, 2020 - 3:00 PM VIA TELECONFERENCE 5. The Presiding Officer (Mayor) to read Statement Regarding Holding Meetings via 1 - 2 Telephone or Other Electronic Means 6. Discussion and Action on Resolution Adopted Pursuant to Minnesota Statutes, 3 - 6 Section 12.29 Extending the Period of a Mayor -Declared Local Emergency (via Roll Call Vote) 7. Adjourn via Roll Call Vote NOTICE: This special emergency meeting will be held via teleconference and participants who wish to listen in live should RSVP to City Clerk Catherine Pausche at (952)472-0633 or via email at catherinepauschekcityofmound.com for further instructions. The teleconference will be recorded and posted on the City's website at www.ciiyofmound.com on the Mayor and Council page. Presiding Officer Statement Regarding Holding Meetings via Telephone or Other Electronic Means As Mayor and Presiding Officer in the City of Mound, I find as follows: a. The spread of COVID-19 within the United States has raised serious public health concerns and resulted in a great deal of uncertainty since much remains unknown about the virus and how it spreads. b. On March 11, 2020, the World Health Organization determined the 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 declared a state of peacetime emergency to address the coronavirus pandemic in the State of Minnesota The Governor's declaration triggered activation of the City's emergency management plan and enabled the City to exercise its emergency powers as needed to respond to the emergency. d. The Minnesota Department of Health has provided specific guidance encouraging the limiting of events that do not allow social distancing of six feet per person, which is not practical to achieve in the meeting room. e. Minnesota Statutes, section 13D.021 authorizes cities to meet by telephone or other electronic means in the case of a health pandemic or when an emergency has been declared if the presiding officer, chief legal counsel, or chief administrative officer determines meeting in person is not practical or prudent. The statute also allows these officers to determine it is not feasible to require any Councilmembera or staff to be present in the meeting room during a meeting. £ Given the uncertainties associated with COVID-19 and its spread, conducting in-person City Council meetings is not practical or prudent, and it is not feasible to require any Councilmember or staff to be present in the meeting room during the meetings. The City's goal is to slow the spread of COVID-19 within the City and holding meetings via telephone and electronic means allows the City to accomplish this goal while still conducting the City's business_ Based on the above findings, I hereby determine and state as follows: 1. Until this statement is terminated due to the end of thepandemic or the Governor's emergency declaration, Council Meetings, Economic Development Authority meetings, Housing and Redevelopment Authority meetings, and, to the extent they are held, all other meetings of City boards, committees, and commissions, shall be conducted by telephone or other electronic means in a manner satisfying the requirements of Minnesota Statutes, section 13D.021. -1- 2. The meeting rooms will not be open to the public to attend the meetings. 3. Members, the chief legal counsel, and the chief administrative officer are not required to be present in the meeting room during meetings. 4. Before each meeting, notice will be provided regarding how the public may listen to or view meetings as they are being conducted. 5. All votes occurring at the meetings sball be conducted by roll call. Dated this/! day of March 2020. -2- Raymond J. Sala a or CITY OF MOUND — CITY MANAGER 2415 Wilshire Blvd Mound, MN 55364 TO: City Council FROM: Eric Hoversten, City Manager and Director of Public Works DATE: March 23, 2020 SUBJECT: Declaration of Local Emergency in Response to COVID-19 Outbreak LOCATION: NA REQUEST: On March 23, 2020, the Mayor executed a declaration of a local emergency. This declaration is sufficient for a three-day period. The declaration was executed as an administrative function to support future cost recovery and reimbursement from state and federal programs yet to fully emerge, The Council will need to extend/renew this declaration during this initial period via this proposed action. BACKGROUND: It is anticipated that future relief procedures administered by FEMA and under the Stafford Act will look for evidence that the incident was unanticipated and overwhelmed local resources as is stated in the declaration as a trigger to activate State and Federal relief. Having declarations in place from all levels of jurisdiction has been recommended by County Emergency Managers to simplify any future reimbursement pursuits. I have attached both the declaration statement from the Mayor and the Statement of presiding official (Mayor) regarding telephonic meetings to comply to pandemic containment protocols. The need for this declaration is more administrative than operational, and at this time only serves to aid in our ability to recover any unforeseen financial losses or expenses in the future. We have established a project code for tracking incremental costs. We have not yet seen procedural guidance on how to apply for and the criteria for approving cost recovery so this declaration is a good measure now in the event it becomes part of those procedures in the future. The City has activated our EOC in a limited capacity for situation monitoring, event recording, and reporting purposes until further notice. The EOC will operate in a virtual or distributed capacity to comply with social distancing protocols. RECOMMENDATION: Declare local emergency in response to COVID-19 pandemic outbreak via the proposed Resolution. 3- CITY OF MOUND, MINNESOTA RESOLUTION NO. A RESOLUTION ADOPTED PURSUANT TO MINNESOTA STATUTES, SECTION 12.29 EXTENDING THE PERIOD OF A MAYOR -DECLARED LOCAL EMERGENCY WHEREAS, on March 23, 2020 the Mayor of the City of Mound, Minnesota issued Mayoral Declaration No. 2020-1 declaring a local emergency exists in the City effective immediately; and WHEREAS, the City Council of the City of Mound 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 and practices, including those associated with 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 Mound City Council as follows: 1. The City Council agrees with the Mayor's Declaration of a local emergency and the declaration is continued in effect until further action of the City Council. 2. City staff, under direction of the City Manager, is authorized to enter into agreements and to take such other actions as may be necessary to procure materials, equipment, and services, and to otherwise take action on behalf of the City, as needed to respond to the local emergency. 3. The Mayor and City Manager 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. 5. The Mayor, City Manager, 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. 4- Adopted this day of March 2020. Attest: Catherine Pausche, City Clerk - 5 - Raymond J Salazar, Mayor CITY OF MOUND, MINNESOTA MAYORAL DECLARATION NO. 2020-1 WHEREAS, the Mayor of the City of Mound, Minnesota ("Mayor") finds that the following local emergency ("Emergency") exists in the City of Mound, 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 along with this Declaration triggers activation of the City's emergency management plan and enables 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, how it spreads, and the scope of its health impacts. WHEREAS, Minnesota Statutes, Section 12.29 authorizes the Mayor to declare the existence of the Emergency, to invoke necessary portions of the City's emergency 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. NOW, THEREFORE, as the Mayor of the City of Mound, Minnesota, I declare that a Local Emergency exists effective immediately in the City of Mound, Minnesota. This declaration of a local emergency invokes all necessary parts of the City's emergency plans 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 Manager, Emergency Manager, 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. x Dated: March '^moi /, 2020. Raymond J Salazar, N ayor City of Mound, Minnesota DOCSOPENW A745V1 V643214.vl -316/20 -6-