DETERMINATION THAT A REGULAR MEETING IS NOT PRACTICAL
CITY OF LAKE SHORE
DETERMINATION THAT A REGULAR MEETING IS NOT PRACTICAL OR PRUDENT BASED UPON EMERGENCY DECLARATION AND COVID-19 PANDEMIC
May 8, 2020
WHEREAS, The United States Department of Health and Human Services Secretary, Alex M. Azar II, declared a public health emergency for the United States of America on January 31, 2020, in response to the existence of Novel Coronavirus (2019-nCoV) within the United States of America.
WHEREAS, Governor Tim Walz issued Emergency Executive Order 20-01 on March 13, 2020, declaring a peacetime state of emergency throughout the State of Minnesota;
WHEREAS, Emergency Executive Order 20-01 was made in response to the outbreak of an infectious disease known as COVID-19, an act of nature.
WHEREAS, COVID-19 was recognized as a pandemic by Governor Walz in Emergency Executive Order 20-01.
WHEREAS, an in-person meeting of the Regular City Council Meeting of the City of Lake Shore is not practical or prudent because of the COVID-19 pandemic and the state of emergency declared by Governor Tim Walz.
WHEREAS, Governor Walz issued Executive Order 20-20 on March 25, 2020, directing all persons living within the State of Minnesota to stay at home or in their place of residence except to engage in certain activities including those deemed critical.
WHEREAS, a meeting conducted through interactive television is not practical or prudent because the City of Lake Shore does not possess the technological means to hold a meeting in that fashion.
WHEREAS, the City Council of the City of Lake Shore held its March regular Council meeting via telephone with the City Administrator and Chief Legal Counsel physically present at the City Hall;
WHEREAS, the use of a telephonic call bridge made it difficult to regulate and conduct the meeting;
WHEREAS, pursuant to Minn. Stat. § 13D.021 Subd. 1 (3) and (4) it is unfeasible due to the health pandemic and emergency declaration for members of the public, a member of the body, chief legal counsel, or chief administrative officer to be physically present at the regular meeting location.
WHEREAS, it is possible given technological capabilities to allow members of the public to monitor the meeting from remote locations and/or to participate remotely.
WHEREAS, a ZOOM meeting is the only practical and prudent means to conduct the City of Lake Shore’s Regular City Council Meeting during the state of emergency and in response to the COVID-19 pandemic.
WHEREAS, it is the intention of the City Council of the City of Lake Shore to have an open Regular City Council Meeting that members of the public can join remotely.
NOW, THEREFORE, IT IS DETERMINED PURSUANT TO MINN. STAT. § 13D.021 SUBD. 1 THAT THE FOLLOWING SHALL APPLY TO THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LAKE SHORE, MINNESOTA:
1. That an in-person meeting or meeting conducted by interactive television is not practical or prudent because of the COVID-19 pandemic, the peacetime state of emergency declared by Governor Tim Walz on March 13, 2020 and the Stay at Home Order issued by Governor Walz on March 25, 2020.
2. That the regular City Council meeting of the City of Lake Shore scheduled for 7:00 P.M. on May 26, 2020, shall be held using the computer program known as ZOOM.
3. That all members of the City Council participating in the meeting shall be able to hear each other and shall be able to hear all discussion and testimony.
4. That all votes shall be conducted by roll call so that each member of the City Council’s vote on each issue can be identified and recorded.
5. That members of the public shall be allowed to participate in the meeting by accessing the ZOOM program Meeting ID 865 5210 5210. Members of the public may also participate in the meeting via telephone without downloading the ZOOM application by calling +1 312 626 6799.
6. That pursuant to Minn. Stat. § 13D.021 Subd. 1 (3) and (4), it is unfeasible due to the health pandemic and emergency declaration for members of the public, a member of the body, chief legal counsel, or chief administrative officer to be physically present at the regular meeting location.
7. That regular meeting minutes of the telephonic City Council meeting shall be kept and shall be made accessible to the public according to law.
8. That notice of the regular meeting occurring by ZOOM shall be given in accordance with Minn. Stat. § 13D.04 Subd. 2.
9. That this determination shall be published in the Pine and Lakes Echo Journal.
This Determination is made this 8th Day of May 2020.