City Council

MINUTE RECORD PAPILLION CITY COUNCIL MINUTES THURSDAY, DECEMBER 3, 2020 ( @_ 7: 00 P. M. The City Council of the City of Papillion met in open and public session at Papillion City Hall, on December 3, 2020, at 7: 00 PM. City Clerk Nicole Brown called the roll. Present were Councilmembers Steve Sunde, Tom Mumgaard, Jason Gaines ( via Zoom per Executive Order No. 20- 34 issued by Governor Ricketts), Jim Glover, Gene Jaworski, Lu Ann Kluch, Bob Stubbe, Steve Engberg, and Mayor David P. Black. Also present were City Administrator Amber Powers, Deputy City Administrator Phil Green, Assistant City Attorney Carla Heathershaw Risko, Fire Chief Bill Bowes, and Police Chief Scott Lyons. Mayor Black led those present in the Pledge of Allegiance. Affidavitof Publication: Notice of the meeting was given in the Omaha World- Herald, the designated method of giving notice. A copy is available in the office of the City Clerk. Incorporated herein by reference as if fully set out herein is the audio and visual recording of the council meeting. Public announcement that a current copy of the Open Meetings Act is posted in the City Council Chambers. CONSENT AGENDA ITEMS: ( 1) Approval of the agenda as presented; ( 2) Approval of the minutes from the December 2, 2020, City Council Meeting. Motion to approve the Consent Agenda by Councilmember Stubbe, second by Councilmember Gaines. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Jaworski, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Motion passed. ORDINANCES THIRD READING AND RESOLUTIONS: ORD. 1911 — An ordinance to amend Papillion Municipal Code Chapter 125 entitled " Health and Sanitation" to add new sections 125- 11 through 125- 23; to enact requirements for the wearing of facial coverings under certain circumstances so as to abate the COVID- 19 pandemic, and to provide for an effective date — Amber Powers — 827- 1111. Motion to approve ORD. 1911 by Councilmember Glover, second by Councilmember Jaworski. Mayor Black stated that a series of amendments had been proposed by Council members and that the amendments would be considered in the order they appear in the ordinance. Motion # 1: Motion to amend Section 1 of ORD. 1911 to remove Subsections 125- 11( A)( 6) and 125- 11( A)( 7) which read as follows: "( 6) The spread and treatment of COVID- 19 has caused a serious and dangerous shortage of medical beds, staffing, and other resources; ( 7) COVID- 19 constitutes a public nuisance and a threat to the health, safety, and welfare of the City of Papillion." Motion by Councilmember Sunde, second by Councilmember Mumgaard. Councilmember Sunde stated that he does not think COVID- 19 should be labeled as a public nuisance, as it is not a person or property, which is the typical definition of a nuisance. He then asked Assistant City Attorney Carla Heathershaw Risko for her opinion. Ms. Heathershaw Risko stated that her recommendation would be to remove the reference to " public nuisance" and replace it with " contagious and infectious disease." Councilmember Stubbe asked 1 December 3, 2020 Councilmember Sunde if he would consider amending his motion to only strike the words" a public nuisance and" from Subsection 125- 11( A)( 6). Councilmember Sunde said that he would. Councilmember Jaworski expressed concern with removing Subsection 125- 11( A)( 6) entirely and noted that resources and staffing are both very low. Councilmember Mumgaard made a substitute motion to amend to strike Subsection 125-' 11( A)( 6), and to modify 125- 11( A)( 7) to read, " COVID- 19 constitutes a threat to the health, safety, and welfare of the City of Papillion;" second by Councilmember Sunde. Upon roll call vote, Sunde, Mumgaard, Glover, Kluch, Stubbe, and Engberg all voted yes. Voting no: Gaines and Jaworski. Motion passed. Motion # 2: Motion to amend the minimum age required to wear a mask from 5 years old to 10 years old, and to remove the sentence from Subsection 125- 16( A)( 2) which provides guidance for children aged 3 and 4 years. Motion by Councilmember Sunde, second by Councilmember Mumgaard. Councilmember Sunde expressed concern with mandating that children as young as 5 years old wear a mask. Councilmember Gaines noted that local schools are asking for the City' s help to slow the spread of COVID- 19 within the community. Councilmember Gaines then made a substitute motion to amend to change the minimum age from 5 years old to 6 years old. second by Councilmember Mumgaard. Mayor Black called for council discussion on the substitute motion. Councilmember Stubbe proposed that the minimum age should remain 5 years old due to the age that many children begin attending school. Councilmember Engberg agreed that the schools need the City' s help and stated that he also believes the minimum age should remain at 5 years old. Councilmember Gaines withdrew the substitute motion and agreed that the minimum age should be 5 years old. Mayor Black explained that discussion was now back to the original motion to amend to increase the minimum age from 5 years old to 10 years old. Councilmember Sunde stated that children have not been found to be super spreaders of the virus and tend to fare well when they do get sick. He added that there have been no deaths due to COVID- 19 in children under age 19 in the Omaha area. Councilmember Kluch noted that the mandate would be temporary if passed. Councilmember Gaines stated that he did not dispute that children handle being sick with COVID well; however, he is concerned with children potentially spreading the virus to others within the community who may not be able to handle it as well. He added that he views this ordinance as an attempt to protect the older population. Councilmember Glover asked what age other Cities in the area have referenced in their mask mandate ordinances. Mayor Black stated that he believes Omaha, La Vista, Ralston, and Gretna are all 5 years old. Sarpy/ Cass County Health Director Sarah Schram confirmed that La Vista and Gretna are at 5 years of age, and that she believes Omaha and Ralston are as well, though she could not confirm since those cities are not within her jurisdiction. Councilmembers Mumgaard and Engberg agreed with Councilmember Gaines that the purpose of this ordinance is to stop the spread of the virus and to protect older and more vulnerable populations. Councilmember Jaworski noted that we have no evidence of long- term effects from the virus, so he believes it is important to protect our children now, in addition to protecting the elderly. 2 December 3, 2020 Mayor Black called for a vote on the motion to amend. Upon roll call vote, Sunde voted yes. Voting no: Mumgaard, Gaines, Glover, Jaworski, Kluch, Stubbe, and Engberg. Motion failed. Motion # 3: Motion to amend to create an additional exception to the mask requirement for those who have been diagnosed with COVID- 19 and recovered, or who have received a government- approved COVID- 19 vaccine. Motion by Councilmember Sunde, second by Councilmember Mumgaard. Councilmember Gaines asked Ms. Schram if those who receive flu vaccinations could still contract the flu. Ms. Schram stated that that they could. Councilmember Gaines asked if the COVID vaccine would be similar to the flu vaccine. Ms. Schram noted that this is a novel virus and the science is still building. She added that there are studies that indicate that after people get the first dose of the vaccine they should have some level of immunity, but it is unknown how long that immunity lasts after the first dose. Councilmembers Mumgaard, Gaines, Glover, Jaworski, and Engberg all expressed concern with discussing these types of exceptions too soon and stated they would not support this amendment at this time. Mayor Black called for a vote on the motion to amend. Upon roll call vote, Sunde voted yes. Voting no: Mumgaard, Gaines, Glover, Jaworski, Kluch, Stubbe, and Engberg. Motion failed. Motion # 4: Motion to amend the sunset provision to provide that the expiration and termination of requirements imposed by the ordinance shall correlate to the yellow tier of the State of Nebraska Directed Health Measures color phases ( percentage of COVID- 19 patients occupying staff hospital beds drops below 20% based on a 14- day rolling average). Motion by Councilmember Stubbe, second by Councilmember Glover. Councilmember Glover asked what actions would be required to terminate the mandate if this amendment passed. Mayor Black explained that since the color phase chart is part of an actual Directed Health Measure by the Governor, no further Council action would be required. Councilmember Glover asked how the termination of the mandate would be communicated to the public. Mayor Black stated that the City would use all of its communication channels to make the information available. Mayor Black stated as a point of clarification that Administration has interpreted this amendment to mean that if state- wide numbers fall into the yellow phase based on a 14- day rolling average, the mask mandate would automatically go away; however, if numbers were to then increase above yellow, the Council would have to meet again to discuss whether to implement another mask mandate. Councilmember Stubbe stated that this interpretation is consistent with his intent. Councilmember Mumgaard asked how other Cities have are handling the sunset date. Mayor Black explained that all of the surrounding Cities' ordinances, with the exception for Ralston, reference a specific date. Mayor Black called for a vote on the motion to amend. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Jaworski, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Motion passed. Motion # 5: Motion to amend Section 1 of ORD. 1911 to remove Section 125- 23 ( Severability Clause) in its entirety. Councilmember Sunde stated that he would not be offering this proposed motion. 3 December 3, 2020  Motion # 6: Motion to amend ORD. 1911 to enact an emergency clause, as recommended by the Board of Health. Mayor Black explained that the emergency clause would cause the ordinance to go into effect upon publication, rather than the standard 15 days after passage. Motion by Councilmember Gaines, second by Councilmember Glover. Upon roll call vote, Mumgaard, Gaines, Glover, Jaworski, Kluch, Stubbe, and Engberg all voted yes. Voting no: Sunde. Motion passed. Mayor Black reviewed the amendments that had been adopted and called for final Council discussion on the motion to approve ORD. 1911 as amended. Councilmember Kluch noted that she believes all Council members have listened to and heard testimony from the public over the previous two meetings, as well as input received via email and phone calls. She noted that she appreciated that the public had been so involved. She then added that while the science continues to change, what we know now is that people are dying and that we need to take steps to protect one another. Councilmember Stubbe stated that he believes all of the City' s elected officials take public safety very seriously, and added that while many have cited individual rights, the government has the responsibility to protect public welfare with regard to health and safety, and to support those entities in the community that have implemented measures to protect their employees and our citizens. Councilmember Gaines thanked the public for voicing their opinions. He stated that he was basing his vote on the information he received through public testimony, emails, and phone calls. He also noted that this is a temporary measure to protect the community and that, based on the data available, he intends to support a mandate at this time. Councilmember Mumgaard stated that this has been one of the most productive exercises in public participation with government that he' s experienced in his time on the Council. He then noted that the medical consensus is that masks make a difference in reducing spread of the virus. Councilmember Jaworski stated that he would be supporting this ordinance in support of the healthcare workers, first responders, and others who have been dealing with the virus daily. Councilmember Engberg thanked the members of the public who provided their input. He stated that no one wants to take peoples' rights, but noted that certain policies are put into place to protect the community. He also noted that through the combined public input, he has heard mostly support for a mandate and asked everyone to remember that a mandate is temporary. Councilmember Sunde noted that he sees many potential issues with a mandate from a prosecutor' s standpoint, and stated that he believes the Public Safety Committee and Board of Health were misled as to the extent of the how serious the situation actually is. Mayor Black called for a vote on the motion to approve ORD. 1911 as amended. Upon roll call vote, Mumgaard, Gaines, Glover, Jaworski, Kluch, Stubbe, and Engberg all voted yes. Voting no: Sunde. Motion passed. 4 December 3, 2020 ADJOURNMENT: Motion to adjourn by Councilmember Glover, second by Councilmember Gaines. Upon roll call vote, Sunde, Mumgaard, Gaines, Glover, Jaworski, Kluch, Stubbe, and Engberg all voted yes. Voting no: none. Motion passed. Meeting adjourned at 8: 21 PM. CITY OF PAPILLION DAA P. BLACK, ATTEST: NICOLE BROWN, CITY CLERK VO - - SEAL ' R>`. qY9 P NEBRPS`* 5 December 3, 2020