City Council

HOPKINS CITY COUNCIL SPECIAL MEETING AGENDA Tuesday, January 11, 2022 6:30 pm I. CALL TO ORDER II. NEW BUSINESS 1. Consideration of Potential Protective Measures related to COVID-19; Lenz 2. American Rescue Plan Act Overview; Bishop III. ANNOUNCEMENTS  Next City Council Regular Meeting: Tuesday, January 18 at 7 p.m. IV. ADJOURN January 11, 2022 Council Report 2022-007 Consideration of Potential Protective Measures related to COVID-19 Proposed Action Council has requested to review options related to Covid-19, specifically facial masking requirements. Staff has prepared three options for Council to consider. After selecting an option, Council should review the proposed ordinance or policy, and make any adjustments necessary. Summary of the three options and motions are below. More details about each option are provided in the Overview section. Option 1: Council implements an Emergency Ordinance requiring face covering citywide. Move to adopt Emergency Ordinance 2022-1178. An Emergency Ordinance relating to Face Covering Requirements within specified indoor spaces within the City of Hopkins, Minnesota. Option 2: Council implements a City Ordinance requiring face covering citywide. Move to adopt for the first reading Ordinance 2022-1178. An Ordinance relating to Face Covering Requirements within specified indoor spaces within the City of Hopkins, Minnesota. Option 3: Council implements a City policy requiring face covering in City facilities. Move to a City Policy implementing Face Covering Requirements within Specified Indoor Spaces of City Owned Facilities. Overview Option 1: Council implements and Emergency Ordinance requiring Face Covering citywide. The City has the authority to declare an emergency in Minn. Stat. 12.29. The City also has the authority under the Charter Section 3.03 (2) “An emergency ordinance is one in which the emergency is defined or declared in a preamble thereto, separately voted upon, and both the preamble and/ordinance must be adopted by at least four votes of the council. An emergency ordinance may be adopted after its first reading and take effect immediately after its adoption. No grant of any franchise shall be construed to be an emergency ordinance.” Option 2: Council implements a City Ordinance requiring Face Cover Citywide. This would adopt the same ordinance as the Emergency Ordinance, but a second reading would be required. The ordinance would go into effect after the second reading and publication on January 27, 2022. Requires a simple majority to be adopted. Option 3: Council implements a City Emergency Policy requiring Face Covering in City Facilities. Requires a simple majority to be adopted and could go into effect immediately, but would be limited to City facilities. Supporting Information Emergency Ordinance 2022-1178 An Emergency Ordinance Relating to Face Covering Requirements within specified Indoor Spaces within the City of Hopkins, MN Ordinance 2022-1178 An Ordinance Relating to Face Covering Requirements within specified Indoor Spaces within the City of Hopkins, MN City Emergency Policy Implementing Face Covering Requirements within Specified Indoor Spaces of City Owned Facilities. Ari Lenz, Assistant City Manager  CITY OF HOPKINS COUNTY OF HENNEPIN ORDINANCE NO. 2022-1178 AN EMERGENCY ORDINANCE RELATING TO FACE COVERING REQUIREMENTS WITHIN SPECIFIED INDOOR SPACES WITHIN THE CITY OF HOPKINS, MINNESOTA The council of the City of Hopkins hereby ordains as follows: Section 1. Preamble Since March 16, 2020, the City of Hopkins has been under a declared local emergency, due to the worldwide COVID-19 pandemic. The conditions that gave rise to the state of emergency continue to exist. The United States leads the world in the number of confirmed COVID-19 cases, and in some parts of the United States, the number of confirmed cases is surging, posing a threat to the response capabilities of health care facilities. Growing scientific evidence indicates that the wearing of face coverings in public significantly reduces the risk of infection from the coronavirus. The Center for Disease Control and Prevention, the Minnesota Department of Health, the Mayo Clinic, and Governor Tim Walz have all urged the use of face masks as a measure to reduce or prevent the spread of COVID-19. This emergency ordinance is adopted in response to the emergency and in accordance with Section 3.03 of the City Charter to protect the public safety, health and welfare. Section 2. Findings The Hopkins City Council makes the following findings: 2.01 The COVID-19 disease presents a serious health risk to the residents of Hopkins. As of January 5, there have been 57.7 million confirmed cases in the United States, resulting in 831,118 deaths, 1,045,170 million confirmed cases in Minnesota, resulting in 10,740 deaths. In Hennepin County the seven day positivity rate is up 22.6%, there have been 196,427 confirmed cases in Hennepin County, resulting in 2,152 deaths, and 3,223 confirmed cases in Hopkins resulting in 64 deaths (as of December 27). 2.02 Scientific studies suggest that wearing face coverings significantly reduces the risk of infection from the coronavirus and that face-covering mandates could save hundreds of thousands of lives in the United States. 2.03 Many businesses in the city already require face coverings for employees and customers, and others have indicated that they would also if the local jurisdiction requires it. 2.04 The primary benefit of most face coverings is that it reduces the spread of infection by the wearer to others. Because many persons infected with the coronavirus may be asymptomatic or presymptomatic, without any reason to know that they have the disease, a face-covering requirement protects the health of others, such as business employees who provide essential services to the public. DOCSOPEN\HP145\1\664398.v4-7/21/20 Ordinance No. 2022-1178 Page 2 2.05 Businesses are adversely impacted when employees become infected or must be quarantined due to an exposure. Employee illness can result in temporary closure of some businesses. Reducing the rate of employee illness provides an economic benefit to individual businesses and to the economy as a whole. The state encourages businesses to “Stay Safe to Stay Open.” 2.06 This ordinance is enacted for the purpose of protecting the public health, promoting the local economy, minimizing the need for future reclosing based on public health, and reducing the demand that COVID-19 cases place upon the healthcare system. Section 3. Face covering requirement 3.01 Definitions 1. For purposes of this ordinance “face covering” means a manufactured or homemade cloth covering that fully covers an individual’s nose and mouth. Cloth face coverings include surgical masks, N‐95 masks, but do not have to be hospital grade, but need to cover the nose and mouth. The terms “mask” and “face covering” are synonymous. 2. For purposes of this ordinance, a “space of public accommodation” means a business, refreshment, entertainment or recreation facility, or an institution of any kind, whether licensed or not, whose goods, services, facilities, privileges, advantages, or accommodations are extended, offered, sold or otherwise made available to the public. Examples include retail stores, rental establishments, city- owned buildings, and service establishments as well as recreational facilities, and service centers. This definition includes establishments and facilities that offer food and beverage not for on-premises consumption, including grocery stores, markets, convenience stores, pharmacies, drug stores, and food pantries. 3.02 Except as exempted by section 3.04 of this ordinance, all individuals must wear a face covering in indoor areas accessible to the public within the city of Hopkins. Specific to the face covering mandate in this section 3.02, the following shall also apply: 1. Restaurants and bars must include the requirements of this ordinance in their COVID-19 Preparedness Plan. 2. Spaces of public accommodation. Owners and managers of spaces of public accommodation must include in their COVID-19 Preparedness Plan that all employees wear a face covering when the individual is within any area open to the public or within six feet of another person. Customers are required to wear a face covering before entering and until exiting. 3. Gyms, fitness centers and sports facilities, including city-owned sports facilities. Employees, staff, participants and spectators are required to wear a face covering at all times when the individual is indoors and within six feet of another person. Face masks are not required for an individual while actively participating in Ordinance No. 2022-1178 Page 3 permitted athletic activities. Businesses must include the requirements of this ordinance in their COVID-19 Preparedness Plan. 4. Indoor entertainment venues, including theaters. All employees and customers must wear face coverings when inside the entertainment venue and not seated in their assigned seat; individuals speaking to an audience are not required to wear a mask while speaking, as long as the speaker remains six feet or more away from other individuals. All indoor entertainment venues must include the requirements of this ordinance in their COVID-19 Preparedness Plan. 5. Indoor Common spaces in multi-family residential and multi-tenant office buildings. Residents of multi-family housing building and their guests, and tenants and employees in multi-tenant office buildings and their guests, shall wear a face covering when in indoor common spaces such as hallways, corridors, lobbies, restrooms, mail rooms, elevators, trash and recycling rooms, fitness rooms, recreation rooms, laundry rooms and other space owned and used in common by the residents, employees and tenants of the building; except, that an individual within a fitness center is not required to wear a mask while actively participating in permitted athletic activities. 6. City buildings. City employees and all other individuals must wear face coverings within those portions of city-owned buildings that are open to the general public. This paragraph does not apply to city-owned facilities that are otherwise covered by paragraph 3 above. 3.03 Other requirements: 1. Except for facilities exempted by section 3.04 of this ordinance, all employers of businesses that are spaces of public accommodation, as defined by this ordinance, shall require their employees to wear a face covering whenever such employees have face-to-face contact with the public, unless other physical barriers are in place or at least six feet of separation is maintained according to CDC guidelines. 2. Owners or managers of property subject to this ordinance shall post written notice at all points used by the public to access the property, notifying the public that face coverings are required. 3.04 Exemptions. The following locations and individuals are exempted from this ordinance: 1. Facilities operated by the county, state or federal government or a political subdivision of the state of Minnesota (other than facilities operated by the city of Hopkins). 2. Children five (5) years of age and under. 3. Individuals actively eating or drinking. 4. Individuals temporarily removing the face covering for identification purposes. Ordinance No. 2022-1178 Page 4 5. Individuals unable to wear a mask due to medical, disability or developmental reasons. 6. Individuals unable to remove their face covering without assistance. 7. Individuals speaking to someone who is deaf or hard of hearing and requires the mouth to be visible to communicate effectively. 8. Participants actively participating in youth sports activities. 9. Places of worship, so long as these establishments have written COVID-19 Preparedness Plans that are in compliance with State Guidelines. 10. Public and private school facilities, so long as these establishments have written COVID-19 Preparedness Plans that are in compliance with State Guidelines. 11. Individuals, with approval of the public accommodation, speaking to a group of individuals, or testifying in front of an audience are not required to wear a mask while speaking, as long as the speaker remains six feet or more away from other individuals and other individuals are wearing masks. 12. Any public safety personnel actively engaged in an emergency response situation. 13. Polling locations, no voter may be told to leave the premises for refusal to wear a mask. 3.05 Enforcement. 1. Any individual who fails to comply with this ordinance must be asked to leave by an authorized representative of the business or organization. If the individual continues to refuse to leave, law enforcement may enforce trespassing laws or any other law the individual may violate. Businesses and organizations may rely on an individual's statements if they claim to be exempt from the ordinance due to medical, disability, or developmental reasons. 2. An individual’s subsequent failure to comply with this ordinance may be subject to the penalty provisions of City Code Sec. 1-20, which provides that violation of an emergency regulation adopted by the city council is a misdemeanor offense. 3. Any business violating this ordinance shall be subject to administrative action for any licenses they possess with the city. Section 4. Recommendations 1. The requirement in this Order that face-coverings be worn in certain circumstances is intended to add to (and not substitute for) other practices (such as hand washing, Ordinance No. 2022-1178 Page 5 staying home when sick, and maintaining appropriate physical distancing of at least six feet) as recommended by public health officials to minimize the spread of COVID-19. 2. It is recommended that any individual cover their nose and mouth with a mask or a cloth face covering when physical distancing standards or at least six feet of separation cannot be maintained among all individuals in accordance with CDC guidelines when in outdoor spaces. 3. Businesses and organizations are encouraged to provide masks for customers at no or nominal cost. Section 5. Enforcement This emergency ordinance supersedes inconsistent or conflicting provisions of the City Code and any resolution or ordinance while this emergency ordinance remains in effect. To the extent that this ordinance directly conflicts with County, State or Federal ordinances, they would take precedence. Section 6. Duration This ordinance will expire on the earlier of: 1. February 28, 2022; 2. Upon the expiration of the local emergency to which it relates; or 3. Upon the issuance of an executive order by County, State or Federal mandates the wearing of face coverings for any geographic area that includes Hennepin County, Minnesota. Section 7. Effective Date This uncodified emergency ordinance adopted pursuant to the Hopkins City Charter Section 3.03, shall take effect at 12:01 a.m. on January 12, 2022. Adopted by the City Council of the City of Hopkins, Minnesota, on January 11, 2022. Patrick Hanlon, Mayor Attest: Amy Domeier, City Clerk  CITY OF HOPKINS COUNTY OF HENNEPIN ORDINANCE NO. 2022-1178 AN ORDINANCE RELATING TO FACE COVERING REQUIREMENTS WITHIN SPECIFIED INDOOR SPACES WITHIN THE CITY OF HOPKINS, MINNESOTA The council of the City of Hopkins hereby ordains as follows: Section 1. Preamble Since March 16, 2020, the City of Hopkins has been under a declared local emergency, due to the worldwide COVID-19 pandemic. The conditions that gave rise to the state of emergency continue to exist. The United States leads the world in the number of confirmed COVID-19 cases, and in some parts of the United States, the number of confirmed cases is surging, posing a threat to the response capabilities of health care facilities. Growing scientific evidence indicates that the wearing of face coverings in public significantly reduces the risk of infection from the coronavirus. The Center for Disease Control and Prevention, the Minnesota Department of Health, the Mayo Clinic, and Governor Tim Walz have all urged the use of face masks as a measure to reduce or prevent the spread of COVID-19. This ordinance is adopted in response to the emergency and in accordance with Section 3.03 of the City Charter to protect the public safety, health and welfare. Section 2. Findings The Hopkins City Council makes the following findings: 2.01 The COVID-19 disease presents a serious health risk to the residents of Hopkins. As of January 5, there have been 57.7 million confirmed cases in the United States, resulting in 831,118 deaths, 1,045,170 million confirmed cases in Minnesota, resulting in 10,740 deaths. In Hennepin County the seven day positivity rate is up 22.6%, there have been 196,427 confirmed cases in Hennepin County, resulting in 2,152 deaths, and 3,223 confirmed cases in Hopkins resulting in 64 deaths (as of December 27). 2.02 Scientific studies suggest that wearing face coverings significantly reduces the risk of infection from the coronavirus and that face-covering mandates could save hundreds of thousands of lives in the United States. 2.03 Many businesses in the city already require face coverings for employees and customers, and others have indicated that they would also if the local jurisdiction requires it. 2.04 The primary benefit of most face coverings is that it reduces the spread of infection by the wearer to others. Because many persons infected with the coronavirus may be asymptomatic or presymptomatic, without any reason to know that they have the disease, a face-covering requirement protects the health of others, such as business employees who provide essential services to the public. 2.05 Businesses are adversely impacted when employees become infected or must be quarantined due to an exposure. Employee illness can result in temporary closure of some DOCSOPEN\HP145\1\664398.v4-7/21/20 Ordinance No. 2022-1178 Page 2 businesses. Reducing the rate of employee illness provides an economic benefit to individual businesses and to the economy as a whole. The state encourages businesses to “Stay Safe to Stay Open.” 2.06 This ordinance is enacted for the purpose of protecting the public health, promoting the local economy, minimizing the need for future reclosing based on public health, and reducing the demand that COVID-19 cases place upon the healthcare system. Section 3. Face covering requirement 3.01 Definitions 1. For purposes of this ordinance “face covering” means a manufactured or homemade cloth covering that fully covers an individual’s nose and mouth. Cloth face coverings include surgical masks, N‐95 masks, but do not have to be hospital grade, but need to cover the nose and mouth. The terms “mask” and “face covering” are synonymous. 2. For purposes of this ordinance, a “space of public accommodation” means a business, refreshment, entertainment or recreation facility, or an institution of any kind, whether licensed or not, whose goods, services, facilities, privileges, advantages, or accommodations are extended, offered, sold or otherwise made available to the public. Examples include retail stores, rental establishments, city- owned buildings, and service establishments as well as recreational facilities, and service centers. This definition includes establishments and facilities that offer food and beverage not for on-premises consumption, including grocery stores, markets, convenience stores, pharmacies, drug stores, and food pantries. 3.02 Except as exempted by section 3.04 of this ordinance, all individuals must wear a face covering in indoor areas accessible to the public within the city of Hopkins. Specific to the face covering mandate in this section 3.02, the following shall also apply: 1. Restaurants and bars must include the requirements of this ordinance in their COVID-19 Preparedness Plan. 2. Spaces of public accommodation. Owners and managers of spaces of public accommodation must include in their COVID-19 Preparedness Plan that all employees wear a face covering when the individual is within any area open to the public or within six feet of another person. Customers are required to wear a face covering before entering and until exiting. 3. Gyms, fitness centers and sports facilities, including city-owned sports facilities. Employees, staff, participants and spectators are required to wear a face covering at all times when the individual is indoors and within six feet of another person. Face masks are not required for an individual while actively participating in permitted athletic activities. Businesses must include the requirements of this ordinance in their COVID-19 Preparedness Plan. Ordinance No. 2022-1178 Page 3 4. Indoor entertainment venues, including theaters. All employees and customers must wear face coverings when inside the entertainment venue and not seated in their assigned seat; individuals speaking to an audience are not required to wear a mask while speaking, as long as the speaker remains six feet or more away from other individuals. All indoor entertainment venues must include the requirements of this ordinance in their COVID-19 Preparedness Plan. 5. Indoor Common spaces in multi-family residential and multi-tenant office buildings. Residents of multi-family housing building and their guests, and tenants and employees in multi-tenant office buildings and their guests, shall wear a face covering when in indoor common spaces such as hallways, corridors, lobbies, restrooms, mail rooms, elevators, trash and recycling rooms, fitness rooms, recreation rooms, laundry rooms and other space owned and used in common by the residents, employees and tenants of the building; except, that an individual within a fitness center is not required to wear a mask while actively participating in permitted athletic activities. 6. City buildings. City employees and all other individuals must wear face coverings within those portions of city-owned buildings that are open to the general public. This paragraph does not apply to city-owned facilities that are otherwise covered by paragraph 3 above. 3.03 Other requirements: 1. Except for facilities exempted by section 3.04 of this ordinance, all employers of businesses that are spaces of public accommodation, as defined by this ordinance, shall require their employees to wear a face covering whenever such employees have face-to-face contact with the public, unless other physical barriers are in place or at least six feet of separation is maintained according to CDC guidelines. 2. Owners or managers of property subject to this ordinance shall post written notice at all points used by the public to access the property, notifying the public that face coverings are required. 3.04 Exemptions. The following locations and individuals are exempted from this ordinance: 1. Facilities operated by the county, state or federal government or a political subdivision of the state of Minnesota (other than facilities operated by the city of Hopkins). 2. Children five (5) years of age and under. 3. Individuals actively eating or drinking. 4. Individuals temporarily removing the face covering for identification purposes. 5. Individuals unable to wear a mask due to medical, disability or developmental reasons. Ordinance No. 2022-1178 Page 4 6. Individuals unable to remove their face covering without assistance. 7. Individuals speaking to someone who is deaf or hard of hearing and requires the mouth to be visible to communicate effectively. 8. Participants actively participating in youth sports activities. 9. Places of worship, so long as these establishments have written COVID-19 Preparedness Plans that are in compliance with State Guidelines. 10. Public and private school facilities, so long as these establishments have written COVID-19 Preparedness Plans that are in compliance with State Guidelines. 11. Individuals, with approval of the public accommodation, speaking to a group of individuals, or testifying in front of an audience are not required to wear a mask while speaking, as long as the speaker remains six feet or more away from other individuals and other individuals are wearing masks. 12. Any public safety personnel actively engaged in an emergency response situation. 13. Polling locations, no voter may be told to leave the premises for refusal to wear a mask. 3.05 Enforcement. 1. Any individual who fails to comply with this ordinance must be asked to leave by an authorized representative of the business or organization. If the individual continues to refuse to leave, law enforcement may enforce trespassing laws or any other law the individual may violate. Businesses and organizations may rely on an individual's statements if they claim to be exempt from the ordinance due to medical, disability, or developmental reasons. 2. An individual’s subsequent failure to comply with this ordinance may be subject to the penalty provisions of City Code Sec. 1-20, which provides that violation of an emergency regulation adopted by the city council is a misdemeanor offense. 3. Any business violating this ordinance shall be subject to administrative action for any licenses they possess with the city. Section 4. Recommendations 1. The requirement in this Order that face-coverings be worn in certain circumstances is intended to add to (and not substitute for) other practices (such as hand washing, staying home when sick, and maintaining appropriate physical distancing of at least six feet) as recommended by public health officials to minimize the spread of COVID-19. Ordinance No. 2022-1178 Page 5 2. It is recommended that any individual cover their nose and mouth with a mask or a cloth face covering when physical distancing standards or at least six feet of separation cannot be maintained among all individuals in accordance with CDC guidelines when in outdoor spaces. 3. Businesses and organizations are encouraged to provide masks for customers at no or nominal cost. Section 5. Enforcement This ordinance supersedes inconsistent or conflicting provisions of the City Code and any resolution or ordinance while this ordinance remains in effect. To the extent that this ordinance directly conflicts with County, State or Federal ordinances, they would take precedence. Section 6. Duration This ordinance will expire on the earlier of: 1. February 28, 2022; 2. Upon the expiration of the local emergency to which it relates; or 3. Upon the issuance of an executive order by County, State or Federal mandates the wearing of face coverings for any geographic area that includes Hennepin County, Minnesota. Section 7. Effective Date This uncodified ordinance adopted pursuant to the Hopkins City Charter Section 3.03, shall take effect the date of this ordinance shall be the date of publication. First Reading: January 11, 2022 Second Reading: January 18, 2022 Date of Publication: January 27, 2022 Date Ordinance Takes Effect: January 27, 2022 Adopted by the City Council of the City of Hopkins, Minnesota, on January 11, 2022. Patrick Hanlon, Mayor Ordinance No. 2022-1178 Page 6 Attest: Amy Domeier, City Clerk  CITY OF HOPKINS COUNTY OF HENNEPIN CITY POLICY IMPLEMENTING FACE COVERING REQUIREMENTS WITHIN SPECIFIED INDOOR SPACES WITHIN THE CITY OF HOPKINS, MINNESOTA The council of the City of Hopkins hereby adopts as follows: Section 1. Preamble Since March 16, 2020, the City of Hopkins has been under a declared local emergency due to the worldwide COVID-19 pandemic. The conditions that gave rise to the state of emergency continue to exist. The United States leads the world in the number of confirmed COVID-19 cases, and in some parts of the United States, the number of confirmed cases is surging, posing a threat to the response capabilities of health care facilities. Growing scientific evidence indicates that the wearing of face coverings in public significantly reduces the risk of infection from the coronavirus. The Center for Disease Control and Prevention, the Minnesota Department of Health, the Mayo Clinic, and Governor Tim Walz have all urged the use of face masks as a measure to reduce or prevent the spread of COVID-19. This City Policy is adopted in response to the emergency to protect the public safety, health and welfare. Section 2. Findings The Hopkins City Council makes the following findings: 2.01 The COVID-19 disease presents a serious health risk to the residents of Hopkins. As of January 5, there have been 57.7 million confirmed cases in the United States, resulting in 831,118 deaths, 1,045,170 million confirmed cases in Minnesota, resulting in 10,740 deaths. In Hennepin County the seven day positivity rate is up 22.6%, there have been 196,427 confirmed cases in Hennepin County, resulting in 2,152 deaths, and 3,223 confirmed cases in Hopkins resulting in 64 deaths (as of December 27). 2.02 Scientific studies suggest that wearing face coverings significantly reduces the risk of infection from the coronavirus and that face-covering mandates could save hundreds of thousands of lives in the United States. 2.03 The primary benefit of most face coverings is that it reduces the spread of infection by the wearer to others. Because many persons infected with the coronavirus may be asymptomatic or presymptomatic, without any reason to know that they have the disease, a face-covering requirement protects the health of others, such as employees who provide essential services to the public. 2.05 This policy is enacted for the purpose of protecting the public health, promoting the local economy, minimizing the need for future reclosing based on public health, and reducing the demand that COVID-19 cases place upon the healthcare system. Section 3. Face covering requirement 3.01 Definitions DOCSOPEN\HP145\1\664398.v4-7/21/20 City Policy Implementing Face Mask Requirements in City Facilities Page 2 1. For purposes of this ordinance “face covering” means a manufactured or homemade cloth covering that fully covers an individual’s nose and mouth. Cloth face coverings include surgical masks, N‐95 masks, but do not have to be hospital grade, but need to cover the nose and mouth. The terms “mask” and “face covering” are synonymous. 2. For purposes of this ordinance, a “space of public accommodation” means a business, refreshment, entertainment or recreation facility, or an institution of any kind, whether licensed or not, whose goods, services, facilities, privileges, advantages, or accommodations are extended, offered, sold or otherwise made available to the public. Examples include retail stores, rental establishments, city- owned buildings, and service establishments as well as recreational facilities, and service centers. This definition includes establishments and facilities that offer food and beverage not for on-premises consumption, including grocery stores, markets, convenience stores, pharmacies, drug stores, and food pantries. 3.02 Except as exempted by section 3.04 of this policy, all individuals must wear a face covering in indoor areas accessible to the public within the city of Hopkins. Specific to the face covering mandate in this section 3.02, the following shall also apply: 1. City-owned Gyms, fitness centers and sports facilities. Employees, staff, participants and spectators are required to wear a face covering at all times when the individual is indoors and within six feet of another person. Face masks are not required for an individual while actively participating in permitted athletic activities. Businesses must include the requirements of this ordinance in their COVID-19 Preparedness Plan. 2. Indoor entertainment venues, including theaters. All employees and customers must wear face coverings when inside the entertainment venue and not seated in their assigned seat; individuals speaking to an audience are not required to wear a mask while speaking, as long as the speaker remains six feet or more away from other individuals. All indoor entertainment venues must include the requirements of this ordinance in their COVID-19 Preparedness Plan. 3. Indoor Common spaces in city owned multi-family residential buildings. Residents of multi-family housing building and their guests, and tenants and employees shall wear a face covering when in indoor common spaces such as hallways, corridors, lobbies, restrooms, mail rooms, elevators, trash and recycling rooms, fitness rooms, recreation rooms, laundry rooms and other space owned and used in common by the residents, employees and tenants of the building; except, that an individual within a fitness center is not required to wear a mask while actively participating in permitted athletic activities. 4. City buildings. City employees and all other individuals must wear face coverings within those portions of city-owned buildings that are open to the general public. This paragraph does not apply to city-owned facilities that are otherwise covered by paragraph 2, 3 or 4 above. City Policy Implementing Face Mask Requirements in City Facilities Page 3 3.03 Other requirements: 1. Except for facilities exempted by section 3.02 of this ordinance, all employers of businesses that are spaces of public accommodation, as defined by this ordinance, shall require their employees to wear a face covering whenever such employees have face-to-face contact with the public, unless other physical barriers are in place or at least six feet of separation is maintained according to CDC guidelines. 2. Managers of property subject to this ordinance shall post written notice at all points used by the public to access the property, notifying the public that face coverings are required. 3.04 Exemptions. The following locations and individuals are exempted from this ordinance: 1. Facilities operated by the county, state or federal government or a political subdivision of the state of Minnesota (other than facilities operated by the city of Hopkins). 2. Children five (5) years of age and under. 3. Individuals actively eating or drinking. 4. Individuals temporarily removing the face covering for identification purposes. 5. Individuals unable to wear a mask due to medical, disability or developmental reasons. 6. Individuals unable to remove their face covering without assistance. 7. Individuals speaking to someone who is deaf or hard of hearing and requires the mouth to be visible to communicate effectively. 8. Participants actively participating in youth sports activities. 9. Places of worship, so long as these establishments have written COVID-19 Preparedness Plans that are in compliance with State Guidelines. 10. Public and private school facilities, so long as these establishments have written COVID-19 Preparedness Plans that are in compliance with State Guidelines. 11. Individuals, with approval of the public accommodation, speaking to a group of individuals, or testifying in front of an audience are not required to wear a mask while speaking, as long as the speaker remains six feet or more away from other individuals and other individuals are wearing masks. 12. Any public safety personnel actively engaged in an emergency response situation. City Policy Implementing Face Mask Requirements in City Facilities Page 4 13. Polling locations, no voter may be told to leave the premises for refusal to wear a mask. 3.05 Enforcement. 1. Any individual who fails to comply with this ordinance must be asked to leave by an authorized representative of the city. If the individual continues to refuse to leave, law enforcement may enforce trespassing laws or any other law the individual may violate. Staff may rely on an individual's statements if they claim to be exempt from the ordinance due to medical, disability, or developmental reasons. 2. An individual’s subsequent failure to comply with this ordinance may be subject to the penalty provisions of City Code Sec. 1-20, which provides that violation of an emergency regulation adopted by the city council is a misdemeanor offense. Section 4. Recommendations 1. The requirement in this Order that face-coverings be worn in certain circumstances is intended to add to (and not substitute for) other practices (such as hand washing, staying home when sick, and maintaining appropriate physical distancing of at least six feet) as recommended by public health officials to minimize the spread of COVID-19. 2. It is recommended that any individual cover their nose and mouth with a mask or a cloth face covering when in any indoor public space of accommodation and physical distancing standards or at least six feet of separation cannot be maintained among all individuals in accordance with CDC guidelines. 3. Businesses and organizations are encouraged to provide masks for customers at no or nominal cost. Section 5. Enforcement This policy supersedes inconsistent or conflicting provisions of the City Code and any policy, resolution or ordinance while this policy remains in effect. To the extent that this ordinance directly conflicts with County, State or Federal ordinances, they would take precedence. Section 6. Duration This ordinance will expire on the earlier of: 1. February 28, 2022; 2. Upon the expiration of the local emergency to which it relates; or 3. Upon the issuance of an executive order by County, State or Federal mandates the wearing of face coverings for any geographic area that includes Hennepin County, Minnesota. City Policy Implementing Face Mask Requirements in City Facilities Page 5 Section 7. Effective Date Adopted by the City Council of the City of Hopkins, Minnesota, on January 11, 2021. Patrick Hanlon, Mayor Attest: Amy Domeier, City Clerk  Finance Department CITY OF HOPKINS Memorandum To: Honorable Mayor and Council Members Mike Mornson, City Manager From: Nick Bishop, Finance Department Date: January 11, 2022 Subject: American Rescue Plan Act Overview _____________________________________________________________________ PURPOSE The January 11, 2022 City Council special meeting will give an overview of the American Rescue Plan Act (ARPA), the City’s allocation and proposed timeline for adopting a Spending Plan. Staff is not expecting input from City Council until a later date. INFORMATION ARPA was signed into law on March 11, 2021. Within ARPA, the State and Local Fiscal Recovery Fund will provide $350 billion dollars to state, local, territorial and Tribal governments. Minnesota Cities and Towns will receive approximately $1.02 billion in funding. The City of Hopkins has been allocated $2,018,224 in federal grant aid through ARPA. Half of the funds were received during 2021 and half will be delivered in 2022. The City has until the end of 2024 to complete the spending of the ARPA funds. There are six broad categories for which the funds can be used: 1. Support Public Health Response 2. Address Negative Economic Impacts 3. Replace Public Sector Revenue Loss 4. Premium Pay for Essential Workers 5. Water & Sewer Infrastructure 6. Broadband Infrastructure There are two broad categories that are ineligible uses of the ARPA funds: 1. Direct or indirect tax reductions, rebates or credits. 2. Deposits into pension funds The U.S. Department of Treasury provides the guidance for eligible expenditures. The attached fact sheet gives additional details and example uses of funds. FUTURE ACTION The next two work sessions (February 8th and March 8th) are being proposed as dates to review and discuss an ARPA spending plan. The April 4th City Council Meeting is being proposed to approve an ARPA spending plan. City staff would begin implementing the plan on April 5 . th The American Rescue Plan will deliver $350 billion for state, local, territorial, and Tribal governments to respond to the COVID-19 emergency and bring back jobs. The Coronavirus State and Local Fiscal Recovery Funds provide a substantial infusion of resources to help turn the tide on the Eligible Jurisdictions & Allocations pandemic, address its economic fallout, and lay the foundation for a strong and equitable recovery. Direct Recipients • States and District of Columbia Funding Objectives ($195.3 billion) • Support urgent COVID-19 response efforts to continue to • Counties ($65.1 billion) decrease spread of the virus and bring the pandemic under control • Metropolitan cities ($45.6 billion) • Replace lost public sector revenue to strengthen support for vital public services and help retain jobs • Tribal governments ($20.0 billion) • Support immediate economic stabilization for households and • Territories ($4.5 billion) businesses Indirect Recipients • Address systemic public health and economic challenges that • Non-entitlement units ($19.5 billion) have contributed to the inequal impact of the pandemic Support Public Health Response Address Negative Economic Impacts Fund COVID-19 mitigation efforts, medical Respond to economic harms to workers, families, expenses, behavioral healthcare, and certain small businesses, impacted industries, and the public health and safety staff public sector Replace Public Sector Revenue Loss Premium Pay for Essential Workers Use funds to provide government services to Offer additional support to those who have and the extent of the reduction in revenue will bear the greatest health risks because of their experienced due to the pandemic service in critical infrastructure sectors Water and Sewer Infrastructure Broadband Infrastructure Make necessary investments to improve access Make necessary investments to provide unserved to clean drinking water and invest in or underserved locations with new or expanded wastewater and stormwater infrastructure broadband access Example Uses of Funds