Aberdeen City Council

AMENDED NOTICE OF SPECIAL MEETING CALLED BY MAYOR AGENDA FOR THE SPECIAL CITY COUNCIL MEETING CITY OF ABERDEEN, SOUTH DAKOTA WEDNESDAY, APRIL 1, 2020, AT 5:30 P.M. CITY COUNCIL CHAMBERS, CITY HALL, 123 S. LINCOLN ST. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. OLD BUSINESS A. DISCUSSION AND POSSIBLE SECOND READING OF EMERGENCY ORDINANCE NO. 1 REGARDING THE NOVEL CORONAVIRUS COVID- 19 PUBLIC HEALTH CRISIS B. DISCUSSION AND POSSIBLE FIRST READING OF EMERGENCY ORDINANCE NO. 2 REGARDING THE NOVEL CORONAVIRUS COVID- 19 PUBLIC HEALTH CRISIS 4. OTHER BUSINESS 5. ADJOURN **COUNCIL CHAMBERS GUIDELINES DURING COVID-19 PANDEMIC** ALL PERSONS ATTENDING THE MEETING IN COUNCIL CHAMBERS SHOULD MAINTAIN PHYSICAL SEPARATION OF AT LEAST SIX FEET (6') BETWEEN PERSONS WHO ARE NOT IMMEDIATE FAMILY MEMBERS OR MEMBERS OF THE SAME HOUSEHOLD. PUBLIC SEATING IN COUNCIL CHAMBERS WILL BE ARRANGED TO MAINTAIN THE PHYSICAL SEPARATION AND MAY NOT BE MOVED IN VIOLATION OF THIS REQUIREMENT. ANY PERSON WHO FAILS TO MAINTAIN THE REQUIRED PHYSICAL SEPARATION WILL BE ASKED TO COMPLY. ANY PERSON REFUSING TO COMPLY WILL BE REMOVED FROM COUNCIL CHAMBERS. Page 1 of 12  City of Aberdeen Request for Council Action Agenda Item No. 3A Meeting Date: April 1, 2020 Agenda Section Old Business Originating Dept: City Council Ord. / Res. Ordinance No. 20-03-02 Prepared by: No. of 1 Presented by: Council Members Attachments Item: Discussion and possible second reading and final adoption of Ordinance No. 20-03-02, also known as COVID-19 Emergency Ordinance No. 1. City Manager’s Proposed Action: Motion by ___________ second by _________ to approve second reading and final adoption of Ordinance No. 20-03-02 (COVID-19 Emergency Ordinance No. 2). Overview: Primary Issues/Alternatives to Consider: Budgetary/Fiscal Issues: Attachments: 1. Ordinance No. 20-03-02 {00059111.DOCX / 1} Rev 7/09 Page 2 of 12  Adopted at First Reading on March 25, 2020 Possible Second Reading and Final Adoption on April 1, 2020 First Reading: March 25, 2020 Second Reading: [April 1, 2020] Final Adoption: [April 1, 2020] Published: [April 3, 2020] Effective Date: [April 1, 2020] ORDINANCE NO. 20-03-02 COVID-19 EMERGENCY ORDINANCE NO. #1 AN EMERGENCY ORDINANCE TO ADDRESS A PUBLIC HEALTH CRISIS BY IMPLEMENTING CERTAIN MEASURES WHICH HAVE BEEN DEEMED NECESSARY TO SLOW THE COMMUNITY SPREAD OF THE VIRUS RESPONSIBLE FOR THE COVID-19 DISEASE WHEREAS, the City of Aberdeen has the authority pursuant to SDCL §§ 9-29-1 and 9-32-1 to adopt ordinances for the purpose of promoting the health, safety, and general welfare of the community, and to do what may be necessary or expedient for the promotion of health or the suppression of disease; and WHEREAS, the City Council, pursuant to Aberdeen City Charter, Sec. 2.14, may adopt an emergency ordinance affecting life, health, property, or the public peace by an affirmative vote of at least sixty percent of the members present, which ordinance shall automatically stand repealed as of the 61st day following the date on which it was adopted; and WHEREAS, an outbreak of the COVID-19 disease, which is caused by the novel coronavirus SARS-CoV-2 (the “virus”), has been confirmed in more than 100 countries, including the United States; and WHEREAS, COVID-19 is a severe respiratory disease caused by the virus transmitted by person-to-person contact, or by contact with surfaces contaminated by the virus. In some cases, especially among older adults and persons with serious underlying health conditions, virus infection can result in serious illness requiring hospitalization, admission to an intensive care unit, and death; and WHEREAS, the World Health Organization (WHO), the Centers for Disease Control and Prevention (CDC), and the Secretary of the U.S. Department of Health and Human Services have declared the outbreak of the virus causing the COVID-19 disease a public health emergency; and WHEREAS, on March 13, 2020, President Donald Trump declared a national emergency in response to the global pandemic of COVID-19; and Page 1 of 4 Page 3 of 12 Ordinance No. 20-03-02  Adopted at First Reading on March 25, 2020 Possible Second Reading and Final Adoption on April 1, 2020 WHEREAS, on the same day, Governor Kristi Noem issued Executive Order 2020-04 declaring a State of Emergency in State of South Dakota due to the COVID-19 pandemic; and WHEREAS, cases of infection from the virus causing the COVID-19 disease have been confirmed in the State of South Dakota, including one confirmed case in Brown County, and cases of community spread are reasonably suspected to exist; and WHEREAS, the CDC and health experts have concluded that social distancing is necessary to slow the spread of the virus causing the COVID-19 disease; and WHEREAS, social distancing is a method of slowing down or stopping the spread of a contagious disease by reducing the probability of contact between infected persons and those not infected in order to minimize disease transmission; and WHEREAS, the CDC issued guidance to state and local governments and all citizens recommending social distancing steps to prevent community spread and guard against the COVID-19 outbreak; and WHEREAS, many states and communities across the country implemented the CDC recommendations by ordering the closure of bars, restaurants, food courts, gyms, and other indoor and outdoor venues where people congregate until the public health emergency is over; and WHEREAS, many Aberdeen residents, healthcare organizations, businesses, and religious organizations voluntarily instituted social distancing measures recommended by the CDC but social distancing is not being practiced by all persons within the City; and WHEREAS, the failure to successfully implement social distancing will likely result in higher numbers of infected individuals and has the potential to overwhelm the capacity of the City’s health care providers; and WHEREAS, it is important that control measures be taken to reduce or slow the spread of the virus in order to protect the health and safety of the City’s residents, especially seniors and those with underlying health conditions that make them particularly vulnerable to the COVID-19 disease; and WHEREAS, consistent with the CDC guidance, Governor Noem issued Executive Order 2020-08 on March 23, 2020, providing social distancing directives to every South Dakotan, any enclosed retail business that promotes social gatherings, all employers, all healthcare organizations, and all local and municipal governments; and Page 2 of 4 Page 4 of 12 Ordinance No. 20-03-02  Adopted at First Reading on March 25, 2020 Possible Second Reading and Final Adoption on April 1, 2020 WHEREAS, the City Council, exercising its authority pursuant to Aberdeen City Charter, Sec. 2.14, finds that the rules and regulations contained within this ordinance are necessary for the prevention and spread of the contagious virus causing the deadly COVID-19 disease within the City of Aberdeen. BE IT ORDAINED BY THE CITY OF ABERDEEN as follows: 1. Effective 12:01 a.m. on April 2, 2020, any enclosed retail business operating as a bar, restaurant, brewery, café, casino, coffee shop, recreational or athletic facility, health club, entertainment venue, or other similar place for public gatherings shall (a) not permit ten (10) or more people to be in the enclosed facility where there is not sufficient space to have physical separation of at least six feet between persons who are not immediate family members or members of the same household, and (b) discontinue business practices incompatible with CDC hygiene practices designed to reduce the likelihood of spreading the COVID-19 disease. These businesses are encouraged to adopt and promote practices that do not involve public gatherings in an enclosed space, including but not limited to takeout, delivery, drive-through, curb-side service, and off-site services. Any enclosed retail business that promotes public gatherings shall implement procedures to ensure social distancing and operate in compliance with federal and state health guidance in order to prevent the spread of the COVID-19 disease. These businesses may submit such procedures to the City Health Officer for review. 2. Effective 12:01 a.m. on April 2, 2020, any public gathering of ten (10) or more people is prohibited (a) where there is not sufficient space to have physical separation of at least six feet between persons who are not immediate family members or members of the same household, or (b) where CDC hygiene practices to reduce the likelihood of spreading the COVID-19 disease are not maintained. 3. The prohibitions in this order do not apply to the following: (a) Places of public accommodation that offer food and beverages for off-site consumption, including grocery stores, markets, retail stores that offer food, convenience stores, pharmacies, drug stores, and food pantries, other than any portion of such business which would be subject to the requirements of Para. 1. (b) Room service in hotels. (c) Health care facilities, residential care facilities, congregate care facilities, licensed day cares, and correctional facilities. Page 3 of 4 Page 5 of 12 Ordinance No. 20-03-02  Adopted at First Reading on March 25, 2020 Possible Second Reading and Final Adoption on April 1, 2020 (d) Crisis shelters, homeless shelters, churches, soup kitchens, or other similar institutions. (e) Any emergency facility necessary for the response to the current public health emergency or any other community emergency or disaster. BE IT FURTHER ORDAINED, that this ordinance shall be repealed on the day following each regular or special meeting of the City Council, unless the City Council at such regular or special meeting by resolution approved by a majority of the members present affirms (1) the continued existence of the public health emergency, and (2) the necessity of the social distancing measures set forth in Paragraphs 1 – 2 above, and extends the ordinance for the day following the next regular or special meeting of the City Council. This ordinance shall be subject to recurrent affirmances by resolution and extended thereafter, but in no event may this ordinance be extended beyond 60 days from the effective date and shall be automatically repealed on the 61st day without further action of the City Council. Nothing herein shall be construed to prevent the City Council from adopting another ordinance necessary for the immediate preservation of the public peace, health, or safety in response to the COVID-19 pandemic. BE IT FURTHER ORDAINED, that a violation of this ordinance shall be a Class 2 misdemeanor. Each day a violation of this ordinance occurs is considered a separate offense. BE IT FURTHER ORDAINED, that, pursuant to SDCL § 9-19-13, this ordinance is necessary for the immediate preservation of the public peace, health, or safety and shall become effective immediately upon passage. First Reading: March 25, 2020 Second Reading: [April 1, 2020] Final Adoption: [April 1, 2020] Published: [April 3, 2020] Effective Date: [April 1, 2020] Travis Schaunaman, Mayor ATTEST: Karl Alberts, Finance Officer Page 4 of 4 Page 6 of 12 Ordinance No. 20-03-02  City of Aberdeen Request for Council Action Agenda Item No. 3B Meeting Date: April 1, 2020 Agenda Section Old Business Originating Dept: City Council Ord. / Res. Ordinance No. 20-03-04 Prepared by: No. of 1 Presented by: Council Members Attachments Item: Discussion and possible first reading of Ordinance No. 20-03-04, also known as COVID-19 Emergency Ordinance No. 2. City Manager’s Proposed Action: Motion by ___________ second by _________ to approve 1st reading of Ordinance No. 20-03-04 (COVID-19 Emergency Ordinance No. 2). Overview: Primary Issues/Alternatives to Consider: Budgetary/Fiscal Issues: Attachments: 1. Ordinance No. 20-03-04 {00059110.DOCX / 1} Rev 7/09 Page 7 of 12 First Reading: [April 1, 2020] Second Reading: [April 7, 2020] Final Adoption: [April 7, 2020] Published: [April 9, 2020] Effective Date: [April 7, 2020] ORDINANCE NO. 20-03-04 COVID-19 EMERGENCY ORDINANCE NO. 2 AN EMERGENCY ORDINANCE TO ADDRESS A PUBLIC HEALTH CRISIS BY IMPLEMENTING CERTAIN MEASURES WHICH HAVE BEEN DEEMED NECESSARY TO SLOW THE COMMUNITY SPREAD OF THE VIRUS RESPONSIBLE FOR THE COVID-19 DISEASE WHEREAS, the City of Aberdeen has the authority pursuant to SDCL §§ 9-29-1 and 9-32-1 to adopt ordinances for the purpose of promoting the health, safety, and general welfare of the community, and to do what may be necessary or expedient for the promotion of health or the suppression of disease; and WHEREAS, the City Council, pursuant to Aberdeen City Charter, Sec. 2.14, may adopt an emergency ordinance affecting life, health, property, or the public peace by an affirmative vote of at least sixty percent of the members present, which ordinance shall automatically stand repealed as of the 61st day following the date on which it was adopted; and WHEREAS, an outbreak of the COVID-19 disease, which is caused by the novel coronavirus SARS-CoV-2 (the “virus”), has been confirmed in more than 100 countries, including the United States; and WHEREAS, COVID-19 is a severe respiratory disease caused by the virus transmitted by person-to-person contact, or by contact with surfaces contaminated by the virus. In some cases, especially among older adults and persons with serious underlying health conditions, virus infection can result in serious illness requiring hospitalization, admission to an intensive care unit, and death; and WHEREAS, the World Health Organization (WHO), the Centers for Disease Control and Prevention (CDC), and the Secretary of the U.S. Department of Health and Human Services have declared the outbreak of the virus causing the COVID-19 disease a public health emergency; and WHEREAS, on March 13, 2020, President Donald Trump declared a national emergency in response to the global pandemic of COVID-19; and Page 1 of 5 Ordinance No. 20-03-04 Page 8 of 12  WHEREAS, on the same day, Governor Kristi Noem issued Executive Order 2020-04 declaring a State of Emergency in State of South Dakota due to the COVID-19 pandemic; and WHEREAS, cases of infection from the virus causing the COVID-19 disease have been confirmed in the State of South Dakota, including confirmed cases in Brown County, and cases of community spread are reasonably suspected to exist; and WHEREAS, the CDC and health experts have concluded that social distancing is necessary to slow the spread of the virus causing the COVID-19 disease; and WHEREAS, social distancing is a method of slowing down or stopping the spread of a contagious disease by reducing the probability of contact between infected persons and those not infected in order to minimize disease transmission; and WHEREAS, the CDC issued guidance to state and local governments and all citizens recommending social distancing steps to prevent community spread and guard against the COVID-19 outbreak; and WHEREAS, many states and communities across the country implemented the CDC recommendations by ordering the closure of bars, restaurants, food courts, gyms, and other indoor and outdoor venues where people congregate until the public health emergency is over; and WHEREAS, many Aberdeen residents, healthcare organizations, businesses, and religious organizations voluntarily instituted social distancing measures recommended by the CDC but social distancing is not being practiced by all persons within the City; and WHEREAS, the failure to successfully implement social distancing will likely result in higher numbers of infected individuals and has the potential to overwhelm the capacity of the City’s health care providers; and WHEREAS, it is important that control measures be taken to reduce or slow the spread of the virus in order to protect the health and safety of the City’s residents, especially seniors and those with underlying health conditions that make them particularly vulnerable to the COVID-19 disease; and WHEREAS, consistent with the CDC guidance, Governor Noem issued Executive Order 2020-08 on March 23, 2020, providing social distancing directives to every South Dakotan, all employers, any enclosed retail business that promotes social gatherings, all healthcare organizations, and all local and municipal governments; and Page 2 of 5 Ordinance No. 20-03-04 Page 9 of 12  WHEREAS, the City Council, exercising its authority pursuant to Aberdeen City Charter, Sec. 2.14, finds that the rules and regulations contained within this ordinance are necessary for the prevention and spread of the contagious virus causing the deadly COVID-19 disease within the City of Aberdeen. BE IT ORDAINED BY THE CITY OF ABERDEEN as follows: 1. Effective 12:01 a.m. on the day following the passage of this ordinance, all restaurants, coffee houses, bars, breweries, casinos, dance clubs, gentlemen’s clubs, cafes, and other similar places of public accommodation offering food and beverages for on-site consumption, including any alcohol licensees with on-sale privileges, are closed to on-site/on-sale patrons. These businesses may continue to operate in order to provide take-out, delivery, curbside service, and drive-thru service. Any business continuing to operate in order to provide off-site service should implement procedures to ensure social distancing and operate in compliance with federal and state health guidance in order to prevent the spread of the virus causing the COVID-19 disease. 2. Effective 12:01 a.m. on the day following the passage of this ordinance, all recreational facilities, pools, health and fitness facilities and clubs, social clubs, fraternal organizations, athletic and weight training facilities, movie and live production theaters, event centers, meeting halls, and music and entertainment venues are directed to close to on-site sales, but may continue to offer products for sale off-site under the same conditions as bars and restaurants outlined in Paragraph 1. 3. Effective 12:01 a.m. on the day following the passage of this ordinance, all tobacco shops and lounges, vaping shops and lounges, hookah lounges, and other similar business which allow for on-site consumption of any product by smoking or inhaled vapor are directed to cease allowing on-site consumption, but may continue to offer products for sale to consume off-site under the same conditions as bars and restaurants outlined in Paragraph 1. 4. Effective 12:01 a.m. on the day following the passage of this ordinance, all pool halls, video game arcades, video lottery casino operations, bowling alleys, ice skating rinks, and other similar indoor recreational or entertainment facilities are directed to close to on-site sales, but may continue to offer products for sale off-site under the same conditions as bars and restaurants outlined in Paragraph 1. 5. In addition to the prohibitions and closures ordered in Paragraphs 1 - 4 above, effective 12:01 a.m. on the day following the passage of this ordinance, any public gathering of ten (10) or more people is prohibited (a) where there is not sufficient space to have physical separation of at least six feet between persons who are not immediate family members or members of the same household, or (b) where CDC hygiene practices to reduce the likelihood of spreading the COVID-19 disease are not maintained. Page 3 of 5 Ordinance No. 20-03-04 Page 10 of 12  6. The prohibitions and closures in this order do not apply to the following: (a) Places of public accommodation that offer food and beverages for off-site consumption, including grocery stores, markets, retail stores that offer food, convenience stores, pharmacies, drug stores, and food pantries, other than any portion of such business which would be subject to the requirements of Paragraph 1. (b) Room service in hotels. (c) Health care facilities, residential care facilities, congregate care facilities, licensed day cares, and correctional facilities. (d) Crisis shelters, homeless shelters, churches, soup kitchens, or other similar institutions. (e) Any emergency facility necessary for the response to the current public health emergency or any other community emergency or disaster. BE IT FURTHER ORDAINED, that this ordinance shall be repealed on the day following each regular or special meeting of the City Council, unless the City Council at such regular or special meeting by resolution approved by a majority of the members present affirms (1) the continued existence of the public health emergency, and (2) the necessity of the social distancing measures set forth in Paragraphs 1 - 5 above, and extends the ordinance for the day following the next regular or special meeting of the City Council. This ordinance shall be subject to recurrent affirmances by resolution and extended thereafter, but in no event may this ordinance be extended beyond 60 days from the effective date and shall be automatically repealed on the 61st day without further action of the City Council. Nothing herein shall be construed to prevent the City Council from adopting another ordinance necessary for the immediate preservation of the public peace, health, or safety in response to the COVID-19 pandemic. BE IT FURTHER ORDAINED, that a violation of this ordinance shall be a Class 2 misdemeanor. Each day a violation of this ordinance occurs is considered a separate offense. BE IT FURTHER ORDAINED, that, pursuant to SDCL § 9-19-13, this ordinance is necessary for the immediate preservation of the public peace, health, or safety and shall become effective immediately upon passage. Page 4 of 5 Ordinance No. 20-03-04 Page 11 of 12 First Reading: [April 1, 2020] Second Reading: [April 7, 2020] Final Adoption: [April 7, 2020] Published: [April 9, 2020] Effective Date: [April 7, 2020] Travis Schaunaman, Mayor ATTEST: Karl Alberts, Finance Officer Page 5 of 5 Ordinance No. 20-03-04 Page 12 of 12