Aberdeen City Council
Regular MeetingAberdeen, SD · April 29, 2020
Minutes
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MINUTES
SPECIAL ABERDEEN CITY COUNCIL MEETING
City Council Chambers, 123 South Lincoln Street, Municipal Building, Aberdeen,
South Dakota, April 29, 2020 at 5:30 p.m., special meeting of the Board of City Council
Members, Mayor Travis Schaunaman presiding. Present at roll call were City Council
Members Mark Remily by teleconference, Rob Ronayne, Dave Lunzman by teleconference,
Josh Rife by teleconference, Alan Johnson, David Bunsness, Dennis “Mike” Olson by
teleconference, and Clint Rux. City Staff present were Lynn Lander by teleconference, Ron
Wager by teleconference, Robin Bobzien by teleconference, Brett Bill by teleconference, Karl
Alberts, Dave McNeil by teleconference, Mark Hoven by teleconference, and Rich Krokel by
teleconference. Dr. Michael Buttolph, Dr. David Wachs, David Novstrup, Michael
Bockorny, Gail Ochs, Duane Sutton, and Ashley Erickson were present.
Mayor Schaunaman led the Pledge of Allegiance.
NEW BUSINESS
DISCUSSION AND PASSAGE OF RESOLUTION NO. 20-04-07R
Discussion was held on the possible first reading and passage of a resolution
extending Emergency Ordinance No. 3 regarding the novel Coronavirus COVID-19 Public
Health Crisis. The Task Force created to discuss the resolution regarding the COVID-19
Public Health Crisis included Dr. Michael Buttolph, Dr. David Wachs, David Novstrup,
Michael Bockorny, Gail Ochs, Duane Sutton, Ashley Erickson, Council Member Rife, and
Mayor Schaunaman. During the council discussion, three versions of the resolution and
many amendments were offered for consideration.
Motion by Johnson, second by Rife to approve the Task Force Resolution. Motion by
Johnson, second by Rife to replace the word “Develop” in 2(c) with “Implement”. Upon roll
call vote, all voting aye, motion carried. Motion by Ronayne, second by Rux to amend by
replacing Task Force Resolution with Substitute Resolution. Motion by Bunsness, second by
Ronayne, to replace 2(i) in Substitute Resolution with 2(e) from Task Force Resolution to
read as follows: “Implement daily health screening protocol per CDC guidelines for all
employees.” Upon roll call vote, all voting aye, motion carried. Motion by Bunsness, second
by Rux, to add “Employers should plan to respond in a flexible way to varying levels of
disease transmission in the community and be prepared to refine their business response plans
as needed.” after the last sentence of Paragraph 3. of Substitute Resolution. Upon roll call
vote, all voting aye, motion carried. Motion by Ronayne, second by Bunsness to amend 2(a)
of Substitute Resolution by adding “of not more than 6 persons” after “dining party.” Motion
by Bunsness, second by Rux, to change “6” to “10.” Upon roll call vote, Rux, Olson,
Bunsness, Johnson, Rife, Lunzman, Remily, and Mayor Schaunaman voting aye, Ronayne
voting nay, motion carried. Upon roll call vote on amendment as amended to add “of not
more than 10 persons” after “dining party”, all voting aye, motion carried. On the motion to
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replace the Task Force Resolution with the Substitute Resolution, as amended, upon roll call
vote, Remily, Ronayne, Lunzman, Bunsness, Olson, Rux voting aye, Johnson, Rife, and
Mayor Schaunaman voting nay, motion carried. Motion by Bunsness, second by Rife to
replace “CDC” in 2(i), as amended, with “South Dakota Department of Health”. Upon roll
call vote, all voting aye, motion carried. Motion by Ronayne, second by Bunsness to add “7”
to the paragraphs identified in the first line of Paragraph 2 of the Substitute Resolution and to
delete “and 7” from Paragraph 7 of the Substitute Resolution. Upon roll call vote, all voting
aye, motion carried. No further amendments being offered, Mayor Schaunaman called for the
vote on the main motion to approve the Substitute Resolution No. 20-04-07R, as amended.
Upon roll call vote, all voting aye, motion carried.
RESOLUTION NO. 20-04-07R
RESOLUTION EXTENDING ORDINANCE NO. 20-04-05
COVID-19 EMERGENCY ORDINANCE NO. 3
WHEREAS, the Aberdeen City Council adopted COVID-19 Emergency Ordinance
No. 3 (Ordinance No. 20-04-05) (“emergency ordinance”) implementing certain measures
which it deemed necessary to slow the community spread of the virus responsible for the
COVID-19 disease; and
WHEREAS, aided by the voluntary compliance of most residents and businesses
with the social distancing and hygiene practices recommended by the CDC, such measures
have helped in slowing the community spread of the virus and providing a basis to begin
reopening businesses and other public gathering places within the community; and
WHEREAS, the emergency ordinance shall be repealed, in part or in whole, 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 affirms (1) the continued existence of the public
health emergency, and (2) the necessity of all or certain parts of the social distancing measures
set forth in Section A, Paragraphs 1 - 7, and extends all or any part of the ordinance for the
day following the next regular or special meeting of the City Council.
WHEREAS, based on the number of cases in Brown County, the almost complete
lack of hospitalization in the City, and the available modeling, the City Council believes some
of the social distancing restrictions can be modified to allow businesses to resume on-site
services of customers without causing the number of cases in the city to rise to the level that it
will overwhelm the hospitals’ capacity if proper procedures are put in place.
NOW, THEREFORE, BE IT RESOLVED:
1. The City Council affirms that some, but not all, of the social distancing
measures set forth in Section A, Paragraphs 1, 2, 3, 4, 5, 6, and 7 of the emergency ordinance
are necessary for the prevention and spread within the City of Aberdeen of the contagious
virus.
2. The City Council hereby extends paragraphs 1, 2, 3, 4, 5, and 7 of Section A
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of the emergency ordinance for the day following the next regular or special meeting of the
City Council, except that part of each paragraph that prohibits or closes on-site consumption,
sales, or services if such business, facility, club, shop, organization, or other entity complies
with the following restrictions:
(a) Maintains a minimum six-foot space between tables, chairs, and barstools if
occupants are not members of the same household or dining party of not more
than 10 persons;
(b) Limits capacity in indoor recreational facilities and fitness businesses to a
number of persons that can safely and reliably ensure social distancing;
(c) Requires handwashing at regular intervals of at least once per hour for all
restaurant, bar, and food service employees;
(d) Cleans and disinfects video lottery machines between each customer and at the
start of business;
(e) Reduces seating to allow for social distancing by removing chairs or marking
certain seats as “not available due to social distancing”;
(f) Posts for customers the regular cleaning and disinfecting schedule;
(g) Maintains a six-foot space between customers waiting for service or entry into
the facility; and
(h) Employees of beauty and hair salons, nail salons, tattoo parlors, spas, massage
studios, and barber shops wear masks which cover their nose and mouth
during customer contact times. Customer seating must be at least six (6) feet
apart.
(i) Implements daily health screening protocol per South Dakota Department of
Health guidelines for all employees.
(j) Employees shall wear a mask that covers the face and nose when social
distancing guidelines cannot be met with, or a barrier to the public is not
provided.
(k) Equipment and mats in health, fitness, athletic, and weight training facilities
must be cleaned and disinfected between each use.
3. In addition to the specific requirements listed above, businesses shall operate
in a manner consistent with CDC guidelines and any applicable state regulation or executive
orders. Employers should plan to respond in a flexible way to varying levels of disease
transmission in the community and be prepared to refine their business response plans as
needed.
4. The City encourages all individuals within the City to continue to follow the
CDC guidelines and recommended hygiene practices.
5. The City encourages grocery and retail stores to limit customers to a number
of persons that can safely and reliably ensure social distancing, and, where practicable, to
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clearly mark one-way shopping aisles and install a plexiglass or similar divider between the
customer and the cashier.
6. The City encourages enhanced cleaning and disinfecting requirements for
motel and hotel rooms.
7. The City Council hereby extends paragraphs 6 of Section A and all of Section
B of the emergency ordinance for the day following the next regular or special meeting of the
City Council.
The foregoing Resolution was approved after first reading and passed at a special meeting of
the Aberdeen City Council on the 29th day of April, 2020. Number of AYES: 9; Number of
NAYS: 0.
OTHER BUSINESS
Mayor Schaunaman called for a special meeting of the City Council on May 2, 2020
at 2:30 p.m. instead of 2:00 p.m., in City Council Chambers, to appoint a New City Manager.
There being no further business, motion by Bunsness, second by Johnson to adjourn
the meeting. Upon roll call vote, all voting aye, motion carried.
Prepared by Mary Campton for the Finance Office. /s/ Karl Alberts, Finance Officer.
Agenda
NOTICE - SPECIAL CITY COUNCIL MEETING ON SATURDAY, MAY 2, 2020, AT
2:00 P.M. IN THE CITY COUNCIL CHAMBERS TO APPOINT NEW CITY
MANAGER AND DISCUSS A RESOLUTION EXTENDING COVID-19
EMERGENCY ORDINANCE NO. 3.
NOTICE OF SPECIAL MEETING CALLED BY MAYOR
AGENDA FOR THE SPECIAL CITY COUNCIL MEETING
CITY OF ABERDEEN, SOUTH DAKOTA
WEDNESDAY, APRIL 29, 2020, AT 5:30 P.M.
CITY COUNCIL CHAMBERS, CITY HALL, 123 S. LINCOLN ST.
1. ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. NEW BUSINESS
A. DISCUSSION AND POSSIBLE FIRST READING AND PASSAGE OF
RESOLUTION EXTENDING EMERGENCY ORDINANCE NO. 3
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.
City of Aberdeen
Request for Council Action
Agenda Item No. Special April 29, 2020
Meeting Date:
Agenda Section New Business Originating Dept: City Council
Ord. / Res. Resolution No. 20-04-07R Prepared by: City Attorney
No. of 2 Presented by: City Attorney
Attachments
Item:
Discussion and possible first reading and passage of Resolution No. 20-04-07R extending Ordinance
No. 20-04-05, also known as COVID-19 Emergency Ordinance No. 3.
City Manager’s Proposed Action:
Motion by ___________ second by _________ to approve first reading and passage of Resolution No.
20-04-07R extending Ordinance No. 20-04-05 (COVID-19 Emergency Ordinance No. 3).
Overview:
Emergency Ordinance No. 3 will be repealed if the Council does not affirm (1) the continued existence
of the public health emergency, and (2) the necessity of all or parts of the social distancing measures
described in Section A. Paragraphs 1 - 7. If extended, the Council should affirm those paragraphs or
specific businesses or facilities that continue to be subject to the ordered prohibitions and closures.
The effect of taking no action on this Resolution will result in the automatic repeal of Emergency
Ordinance No. 3 on April 30, 2020.
Alternative versions of the Resolution are attached.
Proposal 1 extends the entire ordinance.
Proposal 2 eases some of the social distancing measures by permitting on-site consumption,
sales, or services of certain businesses and facilities if they comply with the described
restrictions.
Primary Issues/Alternatives to Consider:
Budgetary/Fiscal Issues:
Attachments: 1. PROPOSAL 1: Possible proposed Resolution No. 20-04-07R (entire
ordinance extended)
2. PROPOSAL 2: Possible proposed Resolution No. 20-04-07R (easing of
certain measures in ordinance)
PROPOSAL 1
Resolution approved on 4-27-2020
(modified for 4-29-2020 special meeting)
RESOLUTION NO. 20-04-07R
RESOLUTION EXTENDING ORDINANCE NO. 20-04-05
COVID-19 EMERGENCY ORDINANCE NO. 3
WHEREAS, the Aberdeen City Council adopted COVID-19 Emergency
Ordinance No. 3 (Ordinance No. 20-04-05) (“emergency ordinance”) implementing
certain measures which it deemed necessary to slow the community spread of the virus
responsible for the COVID-19 disease; and
WHEREAS, the emergency ordinance shall be repealed, in part or in whole, 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 affirms (1) the continued
existence of the public health emergency, and (2) the necessity of all or certain parts of
the social distancing measures set forth in Section A, Paragraphs 1 - 7, and extends all or
any part of the ordinance for the day following the next regular or special meeting of the
City Council.
NOW THEREFORE, BE IT RESOLVED:
1. The City Council affirms the COVID-19 public health emergency
continues to exist within the City of Aberdeen.
2. The City Council affirms the social distancing measures set forth in Section
A, Paragraphs 1, 2, 3, 4, 5, 6, and 7 of the emergency ordinance are necessary for the
prevention and spread within the City of Aberdeen of the contagious virus causing the
deadly COVID-19 disease.
3. The City Council hereby extends Section A, Paragraphs 1, 2, 3, 4, 5, 6, and
7, and all of Section B of the emergency ordinance for the day following the next regular
or special meeting of the City Council.
The foregoing Resolution was approved after first reading and passed at a special
meeting of the Aberdeen City Council on the 29th day of April, 2020.
Number of AYES:
Number of NAYS:
Members abstaining:
Travis Schaunaman, Mayor
ATTEST:
Finance Officer
Resolution No. 20-04-07R
PROPOSAL 2
Resolution amendment offered 4-27-2020
by Mayor and Councilmen Johnson and Rife
(modified for 4-29-2020 special meeting)
RESOLUTION NO. 20-04-07R
RESOLUTION EXTENDING ORDINANCE NO. 20-04-05
COVID-19 EMERGENCY ORDINANCE NO. 3
WHEREAS, the Aberdeen City Council adopted COVID-19 Emergency
Ordinance No. 3 (Ordinance No. 20-04-05) (“emergency ordinance”) implementing
certain measures which it deemed necessary to slow the community spread of the virus
responsible for the COVID-19 disease; and
WHEREAS, aided by the voluntary compliance of most residents and businesses
with the social distancing and hygiene practices recommended by the CDC, such
measures have helped in slowing the community spread of the virus and providing a basis
to begin reopening businesses and other public gathering places within the community;
and
WHEREAS, the emergency ordinance shall be repealed, in part or in whole, 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 affirms (1) the continued
existence of the public health emergency, and (2) the necessity of all or certain parts of
the social distancing measures set forth in Section A, Paragraphs 1 - 7, and extends all or
any part of the ordinance for the day following the next regular or special meeting of the
City Council.
WHEREAS, based on the number of cases in Brown County, the almost complete
lack of hospitalization in the City, and the available modeling, the City Council believes
some of the social distancing restrictions can be modified to allow businesses to resume
on-site services of customers without causing the number of cases in the city to rise to the
level that it will overwhelm the hospitals’ capacity if proper procedures are put in place.
NOW, THEREFORE, BE IT RESOLVED:
1. The City Council affirms that some, but not all, of the social distancing
measures set forth in Section A, Paragraphs 1, 2, 3, 4, 5, 6, and 7 of the emergency
ordinance are necessary for the prevention and spread within the City of Aberdeen of the
contagious virus.
2. The City Council hereby extends paragraphs 1, 2, 3, 4, and 5 of Section A
of the emergency ordinance for the day following the next regular or special meeting of
the City Council, except that part of each paragraph that prohibits or closes on-site
consumption, sales, or services if such business, facility, club, shop, organization, or
other entity complies with the following restrictions:
Page 1 of 3
Resolution No. 20-04-07R
PROPOSAL 2
Resolution amendment offered 4-27-2020
by Mayor and Councilmen Johnson and Rife
(modified for 4-29-2020 special meeting)
(a) Maintains a minimum six-foot space between tables, chairs, and barstools if
occupants are not members of the same household;
(b) Limits capacity in restaurants, bars, and casinos to ten (10) customers, or
one (1) customer for every 120 square feet of the building footprint,
whichever is greater;
(c) Limits capacity in indoor recreational facilities and fitness businesses to a
maximum of ten (10) customers or one (1) customer for every 200 square
feet, whichever is greater;
(d) Requires handwashing at regular intervals for all restaurant, bar, and food
service employees;
(e) Cleans and disinfects video lottery machines between each customer;
(f) Reduces seating to allow for social distancing by removing chairs or
marking certain seats as “not available due to social distancing”;
(g) Posts for customers the regular cleaning and disinfecting schedule;
(h) Maintains a six-foot space between customers waiting for service or entry
into the facility; and
(i) Employees of hair salons, nail salons, and barber shops wear masks which
cover their nose and mouth during customer contact times. Customer
seating must be at least six (6) feet apart.
(j) Businesses are encouraged to conduct daily employee screenings for
illness.
3. In addition to the specific requirements listed above, businesses shall
operate in a manner consistent with CDC guidelines and any applicable state regulation
or executive orders.
4. The City encourages all individuals within the City to continue to follow
the CDC guidelines and recommended hygiene practices.
5. Businesses can request, in writing, administrative exception from the City
that allow them to modify the strict compliance with these requirements so long as their
proposal contains alternative means to implement social distancing requirements. The
City will not approve exceptions which completely exempt a business from implementing
social distancing, or from following the CDC guidelines.
Page 2 of 3
Resolution No. 20-04-07R
PROPOSAL 2
Resolution amendment offered 4-27-2020
by Mayor and Councilmen Johnson and Rife
(modified for 4-29-2020 special meeting)
6. The City Council hereby extends paragraphs 6 and 7 of Section A and all of
Section B of the emergency ordinance for the day following the next regular or special
meeting of the City Council.
The foregoing Resolution was approved after first reading and passed at a special
meeting of the Aberdeen City Council on the 29th day of April, 2020.
Number of AYES:
Number of NAYS:
Members abstaining:
Travis Schaunaman, Mayor
ATTEST:
Finance Officer
Page 3 of 3
Resolution No. 20-04-07R
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