City Update

The City council has approved a "Flexibility Accommodation" resolution, and Business Friendly Resolution and has filed a preparedness plan for the reopening of Mantorville's business community. The text of the above two resolutions can be found in the previous two posts on this blog.

The City of Mantorville stands ready to help our local businesses get back up and running as soon as possile.

Pro Business Resolution

CITY OF MANTORVILLE

COUNTY OF DODGE

STATE OF MINNESOTA

RESOLUTION NO. 2020 – 10, A RESOLUTION DECLARING MANTORVILLE, MN AS A BUSINESS-FRIENDLY COMMUNITY AND ENCOURAGING GOVERNOR WALZ TO ALLOW FOR THE REOPENING OF ALL MINNESOTA BUSINESSES

WHEREAS, The primary stated reason for the “Shelter in-place” order was given was to flatten the curve and give the Health Care Community time to scale up needed equipment, and

WHEREAS, the stated reasons above have been accomplished, and

WHEREAS, Governor Walz announced on April 13 that the State would reopen upon testing capacity of 5000 test per day and,

WHERAS, On April22 after an announced increase in testing capacity to 20,000 test per day the State still remains in a shut-down status, and

WHEREAS, The Mantorville City Council is urging Governor Walz to allow all businesses, including “non-critical” businesses, in the City of Mantorville to reopen; and

WHEREAS, All businesses within Mantorvile are essential to the City's survival and

WHEREAS, the “Stay at Home Order” was to be lifted on May 4th but was extended an additional two weeks (May 18^th) and later to June 1; and

WHEREAS, the “Stay at Home Order” has caused undue hardship and financial loss to many small businesses, some whom will never recover from this catastrophe, as businesses continue to have financial strain due to health and business insurance, taxes, rent, utilities and other costs, with no source of revenue to cover those costs; and

WHEREAS, the Governor's authority does not supersede the Constitution of the United States which among other things, guarantees the right of freedom to worship, to work and to freely assemble and raise grievances to the government without interference and,

WHEREAS, The Human, Economic and Psychological costs of the shut down has now exceeded the possible cost of reopening and

WHEREAS, all businesses can reasonably reopen as the “Stay at Home Order” is not a one size fits all solution. “Critical” businesses, such as hardware and grocery stores, can stay open but must successfully follow the guidelines handed down by the MN Department of Health and the CDC; our City’s non-critical businesses are just as capable of following those same guidelines; and

WHEREAS, we firmly believe that all our businesses can reopen safely, and still provide adequate protection to our most vulnerable citizens.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mantorville Minnesota, respectfully requests that all businesses be allowed to reopen as soon as possible.

BE IT FURTHER RESOLVED, the City of Mantorville requests that if a plan can not be implemented by June 1, that the Cities and Counties within Minnesota are allowed to establish their own criteria and plan.

BE IT FURTHER RESOLVED, the City Council shall monitor the status of the Governor’s Stay at Home Orders and the COVID-19 situation.

BE IT FURTHER RESOLVED, that the City of Mantorville has limited resources and staffing, and cannot commit to actively monitoring compliance with regard to the executive orders.

Whereupon said resolution was declared duly passes and adopted, and was signed by the Mayor, and attested by the Clerk dated 25th day of May, 2020.

ATTEST:

_________________________________

Cami Rebber, City Clerk

______________________________

Chuck Bradford, Mayor

Resolution Allowing Flexability

CITY OF MANTORVILLE, MINNESOTA

RESOLUTION NO. 2020-09

RESOLUTION AUTHORIZING THE GRANTING OF

REGULATORY FLEXIBILITY TO LOCAL BUSINESSES

WHEREAS, the President of the United States and the Governor of the State of Minnesota have declared states of emergency as a result of the spread of COVID-19;

WHEREAS, on March 27, 2020, the Mayor of the City of Mantorville issued a declaration of local emergency and on March 30, 2020 the City Council acted by resolution to extend the local emergency declaration;

WHEREAS, the City Council recognizes this emergency has had a devastating effect on local businesses required to close pursuant to the Governor’s orders, particularly restaurants and other businesses that were the last to be allowed to reopen;

WHEREAS, businesses are required to have a plan in place to safely reopen to the public that reflects social distancing requirements and complies with limits imposed on the number of customers that may be served at one time;

WHEREAS, the Governor’s office has encouraged local governments to be creative in working with businesses as they reopen, particularly restaurants who are initially limited to outdoor service only;

WHEREAS, in order to support the continued viability of local businesses, maximize the number of customers allowed to access businesses in light of the state’s operating restrictions, and to exercise the creativity encouraged by the Governor’s office, the City Council determines it is in the best interests of the City to allow the granting of regulatory flexibility as part of an approved plan submitted by each business seeking such flexibility;

WHEREAS, it is not practical under the circumstances of this emergency to require businesses to pursue what can be a several month process to seek amendments and other approvals to obtain the flexibility they need now to safely reopen their businesses; and

WHEREAS, delegating authority to the City Administrator/Manager/Clerk to grant flexibility to local regulations as part of a plan a business submits to the City Administrator/Manager/Clerk for approval is the only workable solution for expeditiously providing the assistance local businesses need as they start to reopen and put their employees back to work.

NOW, THEREFORE, BE IT RESOLVED, by the Mantorville City Council as follows:

1. The City Clerk is hereby delegated the authority to grant, on behalf of the City, flexibility in City regulations as the City Clerk determines is appropriate to support the operations of local businesses as they reopen to the customers and resume operations under the limitations imposed by the Governor’s emergency orders. Regulatory flexibility may only be granted as part of a written plan the City Clerk approves for a particular business entity.

2. For the purposes of this Resolution, the “regulatory flexibility” the City Clerk is authorized to grant includes, but is not limited to, the following:

1. Allow the expansion of the licensed “premises” of a business holding an on-sale liquor license to allow the service and consumption of alcohol in an expanded area identified in the approved plan;

2. Allow the expansion of existing business operations without requiring amendments to existing zoning approvals or new zoning approvals;

3. Allow a business to use adjacent City property for customer seating, the display of its products for sale, or for other similar uses upon entering into a license agreement with the City; and

4. Such other flexibility in the City’s regulations and the enforcement of those regulations as the City Clerk determines is appropriate under the particular circumstances of the business to reasonably allow it to conduct its business in a manner that maximizes its operations while complying with its plan, the Governor’s emergency orders, and applicable guidelines.

3. The City Clerk has the discretion to deny any request for regulatory flexibility. If approved, the City Clerk shall place such conditions on the approval as the City Clerk determines are reasonable under the circumstances. The City Clerk is authorized to issue written approvals of regulatory flexibility to execute license agreements on the City’s behalf. The City Clerk may immediately repeal any approved regulatory flexibility if the City Clerk determines the business violated the scope of the regulatory flexibility, any conditions placed on the granted flexibility, or the expanded business operations interfere with public safety or unreasonably obstructs the use of public property.

4. The regulatory flexibility allowed under this Resolution is intended to temporarily allow a business to overcome local regulatory hurdles that interfere with its efforts to implement its plans to reopen and operate in accordance with social distancing and other federal and state safety requirements. This Resolution, and regulatory flexibility granted hereunder, does not exempt a business from:

1. Complying with all applicable federal and state laws, rules, regulations, and emergency orders;

2. Fully implementing its COVID-19 Preparedness Plan;

3. Complying with local regulations not directly related to the regulatory flexibility granted in the plan approved by the City Clerk; or

4. Immediately returning to full compliance with all applicable local regulations upon the expiration or termination of the regulatory flexibility.

5. The authority delegated herein to the City Clerk shall take effect immediately and shall continue through October 31, 2020.

6. Such approvals granted pursuant to this Resolution shall expire upon a date to be determined by the City Council as it reviews and responds further to the local emergency declaration.

7. The City Clerk shall submit one or more reports to the City Council identifying the businesses granted regulatory flexibility and the types of flexibility granted, including whether the business entered into a license agreement with the City to utilize City property.

Adopted this 27th day of May, 2020.

________________________________

Chuck Bradford, Mayor

Attest:

_______________________________

Camille C. Reber, City Clerk Treasurer

Restarting Caution

As we re-open and start to go about our normal lives again, I wanted to say one word of caution. We WILL see a spike in the number of new cases. This would happen when ever we reopen, if it was today or a year from today. Everyone is encouraged to take what ever precautions they are comfortable with.

If you are not feeling well, please take the time needed to feel better and allow yourself some down time. This will help you recover faster and help slow the spread of colds, flu or viruses.

Memorial Day

Today, there isn't a parade, there are no ticker tape showers nor rifle volleys the nation's streets are quiet. The Government's response to the pandemic has put an end to these activities this year. This year when our civil liberties are at danger the most, it is so very important to remember those that have fought and died for our freedoms. Memorial day is set aside to honor those that have paid the ultimate price for freedom, but I always make sure to remember all of our nations veterans.

On behalf of the City of Mantorville, our staff and myself let me say "Thank You" to all our veterans, the spouses of our veterans, the siblings and offspring of of veterans. All of you have suffered and sacrificed in some way for our Nation, State and City; Thank You.

Friends, if each one of you could reach out to a veteran today and say a simple thank you this would be extra meaningful this year.

To all of my neighbors, veterans and not, have a safe and happy Memorial day and remember what today has been set aside for.

Outdoor Food Service

The League of Minnesota Cities worked with the Minnesota Department of Public Safety (DPS) Alcohol and Gambling Enforcement Division to develop this resource for cities on Expanding Outdoor Service at Bars and Restaurants: https://www.lmc.org/resources/outdoor-service-restaurants-covid/

Mantorville's Parks remain OPEN

The City of Mantorville has not closed our parks and all of the City's parks remain open.

Rescinded Remote Meeting Mandate

Mayor Charles Bradford’s Statement and Determination

Regarding Conducting Meetings by Telephone or Other Electronic Means

As the Mayor of the City of Mantorville, Minnesota I find as follows:

1. On March 25 Gov Tim Waltz issued Executive Order 20-20 ordering all Minnesotans to stay at home.

2. The City of Mantorville has been in isolation since March 25.
   
   
3.  The benefits of continued isolation is diminishing and the cost of the isolation is expanding. The benefits of continued isolation no longer out weigh the social, economic and psychological cost of continued isolation.

4. Minnesota Statutes, section 13D.021 authorizes cities to meet by telephone or other electronic means if the presiding officer, chief legal counsel, or chief administrative officer determines that meeting in person or by interactive television is not practical or prudent because of the existence of a declared health pandemic or emergency. I have consulted with the city clerk-treasurer and city attorney in making this determination.

Based on the above findings, I order the following:

1. The order stating “Starting March 27 at 5:00pm and until further notice, all meetings of City bodies governed by Minnesota Statutes, Chapter 13D, including but not limited to City Council meetings, and meetings of all boards, committees, and commissions of the City, shall be conducted by telephone or other electronic means because it is not practical or prudent to hold those meetings in person or by interactive television.” is hereby rescinded.

Dated: May 5, 2020. ______________________________

Charles Bradford, Mayor

City of Mantorville, Minnesota