HomeMy WebLinkAbout6.d. Termination of Local Emergency Order
EXECUTIVE SUMMARY
City Council Regular Meeting: June 15, 2021
AGENDA SECTION:
AGENDA ITEM: Termination of Local Emergency Order
Consent
PREPARED BY: Logan Martin, City Administrator AGENDA NO. 6.d.
ATTACHMENTS: Resolution, Statement from Mayor APPROVED BY: LJM
RECOMMENDED ACTION: Motion to approve Resolution terminating the local emergency
related to COVID-19
BACKGROUND
Recent actions by the State of Minnesota along with significantly declining rates of COVID infection would
indicate that it is appropriate to rescind the local emergency in Rosemount related to the pandemic. On
March 17, 2020 Mayor Droste issued a proclamation declaring a local emergency, and the Council confirmed
that proclamation via resolution “until further action of the City Council”.
As stated in the attached resolution, the initial uncertainties surrounding the pandemic clearly warranted the
need for an emergency declaration. Given that the local emergency related to the pandemic has extended
for more than one year, the need for a rapid response using emergency powers is no longer necessary and
the City has learned how to continue its work without having to rely on emergency plans or the exercise of
emergency powers.
By rescinding the emergency declaration, the City will align its public meeting operations with post-pandemic
regulations regarding electronic / telephone meetings. All meetings of the Council and Commissions shall
be conducted in person, with alternate allowances made under Minn. Stat. 13D.02
RECOMMENDATION
Staff recommends approval of a resolution terminating the local emergency related to COVID-19.
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2021-44
A RESOLUTION TERMINATING THE LOCAL EMERGENCY
RELATED TO COVID-19
WHEREAS, on March 17, 2020, Mayor William Droste issued a mayoral proclamation declaring
a local emergency in response to the COVID-19 pandemic; and
WHEREAS, on March 17, 2020, the City Council exercised its authority under Minnesota
Statutes, section 12.29 to adopt Resolution No. 2020-44 to extend the local emergency “until
further action of the City Council”; and
WHEREAS, the Centers for Disease Control and Prevention (“CDC”) and the State of Minnesota
on May 13, 2021 and May 14, 2021, respectively, issued guidance that face masks are no longer
necessary for fully-vaccinated individuals, and the State of Minnesota has rescinded almost all
capacity restrictions in public places, although the statewide emergency declared by the Governor
remains in place in order to wind down certain emergency measures; and
WHEREAS, the City Council finds and determines as follows:
a. The declaration of a local emergency allows a city to implement local emergency
operations plans and to access certain emergency powers to meet, enter into contracts,
and raise funds without having to follow typical procedures to allow it to rapidly
respond to the emergency;
b. The initial uncertainties associated with the pandemic, the potential need for a local
emergency response, and the possibility a local declaration would be required to be
eligible for federal or state relief funds made the declaration of a local emergency
appropriate;
c. Given that the local emergency related to the pandemic has extended for more than one
year, the need for a rapid response using emergency powers is no longer necessary and
the City has learned how to continue its work without having to rely on emergency
plans or the exercise of emergency powers;
d. The City will remain bound by the statewide emergency and the Governor’s emergency
orders regardless of whether a local emergency remains in place;
e. While the pandemic remains a public health risk, the increased availability of vaccines
has caused the number and severity of cases to continue to drop; and
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f. It is no longer necessary to continue the local emergency because the City can and will
continue to respond to the pandemic without having to rely on local emergency
operations plans or emergency powers.
NOW, THEREFORE, BE IT RESOLVED BY THE ROSEMOUNT CITY
COUNCIL as follows:
1. The local emergency declared by Mayor Droste on March 17, 2020 and extended on
March 17, 2020 by City Council Resolution No. 2020-44 is terminated, effective
immediately.
2. Resolution No. 2020-44 is hereby repealed.
3. The City shall continue its work to resume normal operations as soon as possible and
in compliance with the state’s diminishing COVID-19 restrictions.
4. This Resolution will be given prompt and general publicity and filed in accordance
with Minnesota Statutes, section 12.29.
Adopted by the City Council of the City of Rosemount, Minnesota, this 15th day of June, 2021.
______________________________
William Droste, Mayor
Attest:
____________________________________
Erin Fasbender, City Clerk
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Mayor William Droste’s Statement and Determination Regarding Conducting Meetings by
Telephone or Other Electronic Means
As the Mayor of the City of Rosemount, Minnesota, I find as follows:
a. On March 27, 2020, I determined that it was appropriate to allow remote public meetings in
the City under Minnesota Statutes, 13D.021, because holding meetings in-person was not
prudent or practical, and it was not feasible to have any person at the regular meeting location;
b. To return to in-person meetings, the Mayor must make a new determination that meetings
will no longer be conducted under Minnesota Statutes 13D.021;
c. On May 6, 2021, Governor Tim Walz issued Executive Order 21-21: Safely Sunsetting
COVID-19 Public Health Restrictions, establishing an anticipated timeline for sunsetting
emergency COVID-19 restrictions, on May 14, 2021, issued Executive Order 21-23
immediately terminating most mask-wearing requirements, while encouraging those who
have not been fully vaccinated to continue to wear masks, and the portion of Executive
Order 21-11 that strongly encourages public meetings to be held remotely expired on
May 28, 2021 ;
d. Under EO 21-21, almost all emergency restrictions will end by July 1 or when 70% of
Minnesotans ages 16 or older have received one dose of a COVID-19 vaccine;
e. With the state of Minnesota sunsetting its emergency regulations, the City has begun the
process of returning to normalcy, but will continue to allow remote participation in public
meetings to accommodate the provisions of Executive Order 20-55, encouraging “at-risk”
individuals to stay home, which is set to expire or be rescinded on July 1 or when Minnesota
reaches vaccination goals; and
f. The City may continue to allow members of the public and members of the City Council, and
all of its boards, committees, subcommittees, and commissions, to participle remotely during
in-person public meetings as permitted by law, including under Minn. Stat. 13D.02.
Based on the above findings, I determine as follows:
1. My Statement and Determination Regarding Conducting Meetings by Telephone or Other
Electronic Means is hereby rescinded as of June 14, 2021 at 11:59pm.
2. As of June 15, 2021, all meetings of the City Council and its boards, committees,
subcommittees, and commissions shall be conducted in-person, allowing for remote
participation as permitted by law, including under Minn. Stat. 13D.02.
Dated: June ___, 2021. _________________________
William Droste
Mayor, City of Rosemount
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