05-18-2020 Regular CCM - Laserfiche WebLink

Home Browse Search

City Council Minutes May 18, 2020 Page 11 Mayor Dietz stated there is extreme frustration among mayors of many cities about the Governor's executive orders. He cited a resolution passed by the City of Oak Grove noting they are refusing to comply with enforcement of the orders. He told a local business owner they could open but may have to deal with consequences from the state attorney general such as liquor license revocation and a $25,000 per day fine. He stated he would like comments from staff and Council on how they feel about not enforcing the orders. Councilmember Christianson asked if there was consensus from the Council on approving the resolution. Councilmember Ovall asked for clarified on which resolution Councilmember Christianson was referring to: the city resolution advocating to the governor to allow businesses to reopen or the Oak Grove action resolution stating there would be no enforcement of violations related to the governor's orders. He discussed the country's government structure and the option to bring a claim to court to settle a dispute on whether the orders are in the governors right and enforceable. Councilmember Christianson asked if Council disagrees with the stay-at-home order and with the language in the city resolution in the staff report. He asked if the Council agrees that a one size fits all approach does not work for the City of Elk River. Councilmember Ovall stated the city resolution is consistent if Council wants to take an affirmative stance with the city government's role and the authority it was given. He stated he is comfortable with this city resolution. He stated he wants to make it clear to businesses this is not a resolution to allow them to open. Mayor Dietz stated people could read into the last paragraph of the resolution that they can open their business. Attorney Beck stated this language is in a recital and not the action item portion of the resolution (which calls for Governor Walz to retract the order). Attorney Beck stated an order is legal and enforceable until declared unconstitutional by the courts. Councilmember Christianson asked the police chief how he interprets the city resolution as it relates to his duties and if he has received complaints he had to follow up on. Chief Nierenhausen stated he has received numerous complaints from the state, and he is required to respond and follow up to the state regarding the outcome. He stated he has no issues with the city resolution. Councilmember Westgaard stated he has no issues with the city resolution. He stated it is a message from Council urging the state to release stay-at-home orders and let businesses manage and open commerce. He stated he is confused by the article in the paper stating Council would direct local law enforcement not to issue citations. P U V E A E A B Y NATUREJ