HomeMy WebLinkAbout2021-131 CCRMember Ryan introduced the following resolution and moved its adoption:
RESOLUTION NO. 2021-131
CITY OF BROOKLYN CENTER, MINNESOTA
A RESOLUTION E .NDINGTIJE DECLARATION OF A LOCAL, HMERGEINCY
WI IEREAS, the Mayor o fthe City of Brooklyn Center, Minnesota declared the existence
of a local health emergency for the City effective as of August 9, 2021 due to the rise in COVID-
19 cases as a result of the spread of the Delta Variant; and
WFIEREAS, on the same day, the City Council adopted a resolution to extend the
emergency declaration "until the City Council acts by resolution to repeal it upon a determination
that the public health risk no longer warrants maintaining the emergency declaration"; and
WHEREAS, at the same meeting, the City Council adopted an emergency ordinance
pursuant to Section 3.06 of the Brooklyn Center City Charter to require, with certain exemptions,
the use of face coverings in public buildings-, and
WHERFIAS, the City Council acted unanimously at its September 27, 2021 meeting to
adopt another emergency ordinance to extend the requirement to wear face coverings in public
buildings within the City; and
WHEREAS, the City Council finds and determines as follows:
a. Minnesota Statutes, sections 12.29 and 12.37 authorize the declaration and extension
of a local emergency, which triggers the authority to exercise certain statutory
emergency powers;
b. The City's declaration and extension of a local health emergency was justified given
the rapid spread of the Delta Variant;
c. In the nearly two months since the declaration of a local health emergency, the City
Council has deten-nined it has not been necessary for the City to rely on the statutory
emergency powers or to iniplament local emergency plans that are triggered by an
emergency declaration, with the exception of meeting by electronic means under
Minnesota Statutes, section 13D.021 ;
d. The City Council's authority under Section 3.06 of the City Charter to enact emergency
regulations is not dependent on the declaration of a local emergency under Minnesota
Statutes, section 12.29,
e, The health concerns associated with the spread of the Delta Variant remain and
continue to support the City's emergency ordinance requiring the wearing of face
coverings in public buildings; and
BR291-4-752586.vl
RESOLUTION NO: 2021-131
4'. The City Council determines it can adequately address the current emergency situation
tinder its existing City Chat -ter and City Code authority without needing to continue the
statutory emergency declaration,
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Brooklyn
Center as follows:
1. The local health, emergency declaration that was declared on August 9, 2021, and
continued by City Council resolution, is hereby repeated eflective immediately.
2. The repeal of the statutory emergency declaration has no effect on the emergency
ordinances adopted by the City Council requiring the wearing of face coverings in
public buildings,
'Fhe repeal of the local emergency also does not affect the City's authority to continue
to meet. electronically under Minnesota Statutes, section 13D.021 during the health
pandemic so long as the Mayor, as the presiding officer, determines it is not practical
or prudent to meet in person.
October 11 2021
Date
ATTEST: a ial
City Clerk
Mayor
The rnotion for the adoption of the foregoing resolution was duly seconded by mernber
Graves
and upon vote being taken thereon, the following voted in favor thereof:
Butler, Elliott, Graves, Lawrence -Anderson, Ryan
and the following voted against the same: None
whereupon said resolution was.declared duly passed and adopted.
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