Special City Council Meeting

MINUTES Special City Council Meeting Tuesday, May 26, 2020 at 3:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104 CALL TO ORDER 1. MEETING ROLL CALL Present: Council Member Janet Brekke (Via telecom), Council Member Christine M. Erickson (Via telecom), Council Member Rick Kiley (Via telecom), Council Member Greg Neitzert, Council Member Marshall Selberg, Council Member Curt Soehl, Council Member Pat Starr, Council Member Theresa Stehly, Mayor Paul TenHaken Absent: None 2. PLEDGE OF ALLEGIANCE REGULAR AGENDA 3. Approval of the Regular Agenda A motion was made by Council Member Selberg and seconded by Council Member Soehl to approve the Consent Agenda. Roll call vote to approve. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. INTRODUCTION AND ADOPTION OF ORDINANCES 4. AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REPEALING ORDINANCE NO. 47-20 ADOPTING THE SIOUX FALLS BOARD OF HEALTH BUSINESS REGULATIONS PERTAINING TO THE NOVEL CORONAVIRUS (COVID-19) DATED MAY 1, 2020. A motion was made by Council Member Selberg and seconded by Council Member Soehl to adopt Ordinance No. 48-20. A motion was made by Council Member Selberg and seconded by Council Member Soehl to amend the last “WHEREAS” clause to read: “WHEREAS, the Sioux Falls Board of Health convened a meeting on May 26, 2020 and approved the Board of Health Recommended Guidelines to Slow the Spread of the Virus that Causes COVID- 19 and to Protect Vulnerable Populations by a vote of six to one.”  Roll call vote to amend. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. Roll call vote to adopt, as amended. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 5. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, ENCOURAGING THE PEOPLE OF SIOUX FALLS TO BE DILIGENT IN THEIR ACTIONS AND BEHAVIOR TO SLOW THE SPREAD OF THE VIRUS THAT CAUSES COVID-19 AND TO PROTECT VULNERABLE POPULATIONS. A motion was made by Council Member Selberg and seconded by Council Member Soehl to adopt Resolution No. 64-20. A motion was made by Council Member Selberg and seconded by Council Member Soehl to amend the 6th “Whereas” clause to read: "WHEREAS, as of 12 noon on May 26, 2020, within Minnehaha County there are 3,289 total confirmed cases of COVID- 19, 488 active cases of COVID-19, 2,758 individuals recovered from COVID-19, and 43 deaths linked to COVID-19. A total of 16,172 COVID-19 tests have been reported by the State Department of Health in Minnehaha County; and"; and the 7th “Whereas” clause to read:”WHEREAS, as of 12 noon on May 26, 2020, within Lincoln County there are 233 total confirmed cases of COVID-19, 42 active cases of COVID-19, 191 individuals recovered from COVID-19, and no deaths linked to COVID-19. A total of 2,465 COVID-19 tests have been reported by the State Department of Health in Lincoln County; and"; and the 8th “Whereas” clause to read: "WHEREAS, as of 12 noon on May 26, 2020, within the state of South Dakota there are 4,653 total confirmed cases of COVID-19, 1,075 active cases of COVID-19, 3,528 individuals recovered from COVID- 19, and 50 deaths linked to COVID-19. A total of 35,982 COVID-19 tests have been reported by the State Department of Health in the state; and"; and the last “Whereas” clause to read: "WHEREAS, the Sioux Falls Board of Health convened a meeting on May 26, 2020 and approved the Board of Health Recommended Guidelines to Slow the Spread of the Virus that Causes COVID-19 and to Protect Vulnerable Populations by a vote of six to one;". Roll call vote to amend. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. Roll call vote to adopt, as amended. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. RESOLUTION NO. 64-20 SAFE AND HEALTHY SIOUX FALLS A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, ENCOURAGING THE PEOPLE OF SIOUX FALLS TO BE DILIGENT IN THEIR ACTIONS AND BEHAVIOR TO SLOW THE SPREAD OF THE VIRUS THAT CAUSES COVID-19 AND TO PROTECT VULNERABLE POPULATIONS. WHEREAS, on March 11, 2020, the World Health Organization declared COVID-19 a pandemic, and the U.S. Centers for Disease Control and Prevention (“CDC”) has declared a public health emergency; and WHEREAS, on March 12, 2020, the Mayor issued Executive Order No. 218 declaring an emergency to address the novel Coronavirus COVID-19; and WHEREAS, on March 13, 2020, the Governor declared an emergency in the state of South Dakota in response to the COVID-19 pandemic; and WHEREAS, on April 6, 2020, the Governor issued Executive Order 2020-12 setting forth requirements regarding personal, business, and health care precautions to be taken in response to the COVID-19 pandemic; and WHEREAS, the President unveiled the “Guidelines for Opening up America Again” plan on April 27, 2020, and the Governor released the South Dakota “Back to Normal” plan on April 28, 2020; and WHEREAS, as of 12 noon on May 26, 2020, within Minnehaha County there are 3,289 total confirmed cases of COVID-19, 488 active cases of COVID-19, 2,758 individuals recovered from COVID-19, and 43 deaths linked to COVID-19. A total of 16,172 COVID-19 tests have been reported by the State Department of Health in Minnehaha County; and WHEREAS, as of 12 noon on May 26, 2020, within Lincoln County there are 233 total confirmed cases of COVID-19, 42 active cases of COVID-19, 191 individuals recovered from COVID-19, and no deaths linked to COVID-19. A total of 2,465 COVID-19 tests have been reported by the State Department of Health in Lincoln County; and WHEREAS, as of 12 noon on May 26, 2020, within the state of South Dakota there are 4,653 total confirmed cases of COVID-19, 1,075 active cases of COVID-19, 3,528 individuals recovered from COVID-19, and 50 deaths linked to COVID-19. A total of 35,982 COVID-19 tests have been reported by the State Department of Health in the state; and WHEREAS, there is currently substantial community spread of COVID-19 in Minnehaha and Lincoln Counties; and WHEREAS, the CDC recommends certain actions for the mitigation of community transmission of COVID-19, including, but not limited to, social distancing measures and restricting the size of gatherings. They also recommend the use of cloth face masks as a way to prevent the spread of disease from asymptomatic but infected persons; and WHEREAS, there is clear evidence that some individuals who contract the virus causing COVID-19 have no symptoms or only mild symptoms, which means they are likely unaware they carry the virus. Because such individuals can still transmit the virus, and because evidence shows that the disease is easily spread, gatherings promote transmission of the virus causing COVID-19. Evidence further demonstrates that the virus causing COVID-19 has a propensity to attach to and remain on surfaces for prolonged periods of time, and it can thus be spread through contact with contaminated surfaces; and WHEREAS, the scientific evidence also shows is critical to slow transmission of the virus causing COVID-19 to protect the most vulnerable and to prevent the City’s health care system from being overwhelmed. One proven way to slow the transmission is to limit interactions among people to the greatest extent practicable; and WHEREAS, the CDC continues to issue updated guidance recommending that the population of older adults and people with serious underlying medical conditions should stay home and take precautions every day to guard against contracting the disease through community spread; and, WHEREAS, the people of Sioux Falls have successfully “flattened the curve” by followed guidance and requirements to socially distance, practice good respiratory hygiene, isolate when ill, and limit nonessential activities; and WHEREAS, the health care entities in Sioux Falls continue to successfully manage their inpatient bed capacity throughout the pandemic; and WHEREAS, SDCL 9-32-1 confers upon municipalities the power to do what may be necessary or expedient for the promotion of health or the suppression of disease; and WHEREAS, the City of Sioux Falls has established a Board of Health and prescribed its powers pursuant to SDCL 9-32-2; and WHEREAS, Section 92.053 of the Code of Ordinances of the City of Sioux Falls, SD, confers upon the Sioux Falls Board of Health full power to take all steps and use all measures necessary to promote the general cleanliness and healthfulness of the city and the general health and well-being of the people and community served, and to adopt any regulations, rules, or measures deemed advisable to carry out such charges; and WHEREAS, the Sioux Falls Board of Health convened a meeting on May 26, 2020 and approved the Board of Health Recommended Guidelines to Slow the Spread of the Virus that Causes COVID-19 and to Protect Vulnerable Populations by a vote of six to one; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: The City of Sioux Falls encourages the people of Sioux Falls to be diligent in their behavior to slow the spread of the virus that causes COVID-19 and to protect individuals who may be vulnerable to serious complications or death from COVID-19. Section 1: Safe Practices. Residents of Sioux Falls should continue to practice good respiratory hygiene, cover coughs and sneezes with a tissue or use the inside of their elbow, wash hands often, disinfect surfaces frequently, avoid touching their face, and adhere to social distancing guidelines. Additionally, consistent with current CDC guidance, residents over the age of two who do not have trouble breathing should consider wearing cloth face masks when they are in public areas outside of their homes, such as, by way of example and not limitation, the grocery store or medical clinic. Such masks should not be used as a substitute for social distancing, which is vital for slowing down the spread of COVID-19. Section 2: Vulnerable Populations. To help avoid contracting the virus that causes COVID-19, adults over the age of sixty-five (65) and people of any age who have serious underlying medical conditions, collectively referred to as “Vulnerable Individuals,” should be especially diligent and cautious in their actions and behaviors. A serious underlying medical condition may include chronic lung disease, severe respiratory disorder, moderate to severe asthma, serious heart or cardiac condition, immunosuppression, diabetes, liver disease, chronic kidney disease or someone undergoing dialysis, or other condition identified by one’s medical provider. Vulnerable Individuals should also take the following actions to reduce their risk of getting the disease COVID-19 as recommended by the CDC:  Wash hands often;  Take precautions every day to keep space between others (stay a minimum of 6 feet away, which is about two arm lengths);  Keep away from people who are sick;  Maintain an adequate supply of essential items;  Clean and disinfect frequently touched services;  Avoid all cruise travel and non-essential travel; and  Call a health care professional with questions about underlying medical condition, COVID-19, or if you are sick. Section 3: Health care. Residents of Sioux Falls should call ahead to health care providers if feeling sick. a) Residents should attend routine medical appointments, but should follow the guidance of their medical providers and always call ahead if feeling sick. b) Residents should continue to go to the pharmacy to pick up medications but should strive to use drive through or delivery services whenever possible. Section 4: Mental and Emotional Health. Residents of Sioux Falls should be mindful of their mental health. a) Residents should engage in outdoor activity such as, by way of example and not limitation, walking, hiking, running, or biking, provided that individuals comply with social distancing and all other measures as advised by the CDC. b) Residents should be good neighbors to those around them and help others if able, keeping in mind that it remains critical to use safe practices as recommended by the CDC. c) Residents should support local businesses to the greatest extent possible while abiding by CDC guidelines and this Resolution. Section 5: Businesses. Businesses should exercise good judgment and follow the recommendations of the CDC, State Department of Health, and other health experts to protect the health and safety of their employees and patrons, such as, by way of  example and not limitation, protective barriers at points of sale, cloth face coverings for employees and patrons, physical distancing, and frequent cleaning of frequently touched surfaces. Licensed food establishments in particular may consider disposable or touchless menus, biodegradable serving ware and utensils, separating all parties by at least 6 (six) feet, and limiting self-service food and drink stations. Date adopted: 05/26/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk ADJOURNMENT A motion was made by Council Member Starr and seconded by Council Member Soehl to adjourn at 3:45 p.m. Voice vote to adjourn. 8 Yes: Brekke, Erickson, Kiley, Neitzert, Selberg, Soehl, Starr, Stehly; 0 No: (None). Motion Passed. Thomas M. Greco, City Clerk