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ITEM 5.1 COVID-19 Peacetime orderOtkgoF MINNESOTA V DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Planning City Planner Licht 26 May 2020 PRESENTER(s) REVIEWED BY: ITEM #: City Planner Licht City Administrator/Finance Director Flaherty City Attorney Kendall 5.1— COVID-19 STRATEGIC VISION MEETS: THE CITY OF OTSEGO: X Is a strong organization that is committed to leading the community through innovative communication. Has proactively expanded infrastructure to responsibly provide core services. Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. X Is a social community with diverse housing, service options, and employment opportunities. Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: This item is presented for City Council discussion and possible action. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No No BACKGROUND/J USTI FICATION: The Mayor and other City Council members contacted City staff to request a resolution be drafted regarding the City's continued response to the COVID-19 pandemic. They have expressed concern about the effects of COVID-19 and the on -going response for residents, organizations, and particularly businesses within the City. The purpose of the resolution is to state the City Council's support for easing social distancing and opening businesses within Otsego in accordance with State executive orders and guidelines and facilitate those actions to the extent the City is able. The Governor declared a peacetime emergency on 13 March 2020 that provides Statutory authority for executive orders to respond to the COVID-19 pandemic. These orders establish requirements for social distancing, including closure of non -essential businesses, to minimize the effects of the COVID-19 pandemic within Minnesota. Enforcement of the executive orders is the responsibility of the State and Wright County Sheriff's Office. The Governor has modified the executive orders on an on -going basis in response to changing conditions. The most recent executive order regarding the State peacetime emergency allows for loosening of social distancing requirements and for more businesses and organizations to reopen. Whether a business chooses to open under these conditions or remain closed is their decision. The City also declared a local emergency on 23 March 2020 and implemented a pandemic response plan. The City has only that authority granted to it by the State through Statute. The City's pandemic response plan is therefore limited in scope to only those areas where the City has jurisdiction and primarily addresses City operations. The City has closed indoor City facilities to public access with the exception of public meetings held by the City Council or other meetings held when required by law (Planning Commission). The City Council may direct additional actions be taken to support residents, businesses, and organization as the pandemic emergency orders are further modified and the community begins to reopen under what is likely to be substantially different conditions than normal. These would include temporary suspension and/or modification of City Code provisions for business operations such as alcohol licensing for outdoor patio areas, number of required off-street parking stalls, and allowing greater outdoor sales and events. Modification of these provisions may be accomplished either under the local emergency resolution adopted by the City Council or more formal procedures established by State law for public notice, Planning Commission review where applicable, and approval of the City Council. The City Council may conduct special meetings following 3 days posted notice to consider such measures if expedited approval is required. I SUPPORTING DOCUMENTS ATTACHED: I ■ Draft resolution 2020-31 POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES: Motion to adopt Resolution 2020-31 regarding the COVID-19 State of Minnesota Peacetime Emergency. BUDGET INFORMATION FUNDING: BUDGETED: NA DRAFT — DRAFT — DRAFT CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO: 2020-31 COVID-19 STATE OF MINNESOTA PEACETIME EMERGENCY CONTINUING RESPONSE WHEREAS, the City Council is very concerned for residents, businesses, and organizations within Otsego as to the challenges caused by COVID-19 and the on -going response to the pandemic; and WHEREAS, on 13 March 2020 the State of Minnesota declared a peacetime emergency in response to the COVID-19 Pandemic; and WHEREAS, executive orders issued by the Governor under Statutory authority during a peacetime emergency require implementation of social distancing measures and immediate closure of businesses except those specifically exempted; and WHEREAS, the City has implemented a pandemic response plan to continue essential operations while minimizing the health risk within the community that includes adherence to guidelines from the Centers for Disease Control and Prevention and Minnesota Department of Health regarding social distancing; and WHEREAS, the City, as a government unit possessing only those powers provided to it by Statute, has no jurisdiction or authority to modify or suspend within the City social distancing measures or business closures required by peacetime emergency executive orders enforced by the State and/or the Wright County Sheriff's Office within Otsego; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO, MINNESOTA THAT: 1. The City Council encourages residents to patronize businesses within Otsego that have chosen to continue to operate during the peacetime emergency even if the circumstances of those operations are much different than normal. 2. The City encourages the State of Minnesota to provide guidance and resources for residents, businesses, and other organizations required for the restrictions of the peacetime emergency to be modified as conditions change while continuing to protect public health, safety and welfare. 1 3. The City Council, for the duration of the City's declared local emergency, authorizes the following temporary measures as may be necessary to facilitate reopening of businesses or other organizations within the City only as allowed in accordance with the Governor's executive orders or other Statutes and Rules: a. The City Clerk may approve an amended premises permit for operation or expansion of patios subject to the performance standards set forth by Section 4-1-6.C.3 of the City Code for establishments possessing an on -sale intoxicating liquor license as approved by the City Council. b. The Zoning Administrator may approve a reduction in the number of off-street parking stalls as required by Section 11-21-8 of the Zoning Ordinance corresponding to occupancy limits for the use as required by executive order. C. The area of outdoor sales, rental, or display allowed by Section 11-77-4.A of the Zoning Ordinance may exceed 10 percent of the area of the principal building, subject to an administrative permit approved by the Zoning Administrator. d. Temporary outdoor promotional events and sales allowed by Section 11-77-4.13 of the Zoning Ordinance may occur for more than 3 consecutive days per event and there may be more than 2 events per calendar year, subject to an administrative permit approved by the Zoning Administrator. ADOPTED by the Otsego City Council this 26th day of May, 2020. MOTION BY: SECONDED BY: IN FAVOR: OPPOSED: W CITY OF OTSEGO Jessica L. Stockamp, Mayor ATTEST: Tami M. Loff, City Clerk