City Council

Spearfish City Council Special Session Agenda via Teleconference via ZOOM March 31, 2020 4:00 p.m. – 6:00 p.m. (MDT) We will be using Zoom for this teleconference meeting. The application launches automatically if you are joining by computer. The telephone number for the audio is listed beneath the meeting link. If you want to use a smart phone or tablet for video and audio, download the Zoom application from your device’s app store before the meeting then type in the meeting ID below shortly before the meeting. Join Zoom Meeting https://us04web.zoom.us/j/720186669 Meeting ID: 720 186 669 Dial by your location +1 720 707 2699 US (Denver) Meeting ID: 720 186 669 One tap mobile +17207072699,,720186669# US (Denver) Find your local number: https://us04web.zoom.us/u/feEV9p8Hin 1. Call to Order 2. Roll Call 3. Approve Agenda 4. Declaration of Any Potential Conflicts-of-Interest 5. COVID-19 A. Second reading of Ordinance 1314 – An Emergency Ordinance to Address a Public Health Emergency by Implementing Certain Measures Which Have Been Deemed Necessary to Slow the Community Spread of Coronavirus 2019 (COVID-19). 6. Mayor and Council 7. Departmental Discussion 8. Public Comment – Public comments are welcome; however, no action can be taken by the Council on comments received for items not on this agenda. Anyone wishing to have the Council consider a new item should complete a Citizen Request Form to be reviewed by administration. 9. Adjournment ADA Compliance: The City of Spearfish fully subscribes to the provisions of the Americans with Disabilities Act. If you desire to attend this public meeting and are in need of special accommodations, please notify the City Finance Office 12 hours prior to the meeting so that appropriate auxiliary aids and services are available.  ORDINANCE NO. 1314 AN EMERGENCY ORDINANCE TO ADDRESS A PUBLIC HEALTH EMERGENCY BY IMPLEMENTING CERTAIN MEASURES WHICH HAVE BEEN DEEMED NECESSARY TO SLOW THE COMMUNITY SPREAD OF CORONAVIRUS 2019 (COVID-19). WHEREAS, the City of Spearfish has the authority pursuant to SDCL 9-29-1 to pass ordinances for the purpose of promoting the health, safety, morals, and general welfare, of the community; and WHEREAS, the City has the power pursuant to SDCL 9-32-1 to do what is necessary or expedient for the promotion of health or the suppression of disease; and WHEREAS, an outbreak of the disease COVID-19, which is caused by the novel coronavirus, has been confirmed in more than 100 countries, including the United States; and WHEREAS, COVID-19 is a severe respiratory disease 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, COVID-19 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 COVID-19 as 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 WHEREAS, on the same day, Governor Kristi Noem, issued Executive Order 2020-04 which declared a state of emergency to exist in the State of South Dakota in response to the spread of COVID-19; and WHEREAS, cases of COVID-19 have been confirmed in several counties in South Dakota; and WHEREAS, the CDC and health experts have recommended social distancing to slow the spread of COVID-19; 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, in response to the need to implement social distancing, all schools in the state of South Dakota have been closed until at least May 1, 2020; and WHEREAS, on March 16, 2020, the White House issued guidance recommending that social gatherings of more than ten people be avoided and that people avoid eating or drinking at bars, restaurants, and food courts; and WHEREAS, the guidance issued by the White House further recommended that in states with evidence of community transmission, bars, restaurants, food courts, gyms, and other indoor and outdoor venues where people congregate should be closed; and WHEREAS, many states and communities across the country have already implemented the White House recommendations by ordering all bars, restaurants, food courts, gyms, and other indoor and outdoor venues where people congregate be closed until the public health emergency is over; 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 down the spread of COVID-19 in order to protect the health and safety of the City’s residents, especially for seniors and those with underlying health conditions that make them particularly vulnerable to COVID-19; and WHEREAS, while this ordinance cannot become legally effective for at least five (5) days due to the requirements of state law, the City strongly urges all businesses to start voluntarily complying with these regulations immediately. NOW THEREFORE, BE IT ORDAINED, by the Common Council of the City of Spearfish that: 1. Effective at 7:00 p.m. Wednesday, April 1, 2020, all restaurants, food courts, coffee houses, bars, breweries, distilleries, wineries, 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 COVID-19. This closure will remain in effect through Wednesday, April 15, 2020. 2. Effective at 7:00 p.m. Wednesday, April 1, 2020, all recreational facilities, public pools, health clubs, athletic facilities, gyms, fitness centers, and theaters, including movie theaters and music or entertainment venues are directed to close and cease operations. This closure will remain in effect through Wednesday, April 15, 2020. 3. Effective at 7:00 p.m. Wednesday, April 1, 2020, all hookah lounges, cigar bars, vaping lounges or other similar businesses that allow for on-site consumption 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. This closure will remain in effect through Wednesday, April 15, 2020. 4. Effective at 7:00 p.m. Wednesday, April 1, 2020, all arcades, bingo halls, bowling alleys, casinos, and other similar recreational or entertainment facilities are directed to close and cease operations. This closure will remain in effect through Wednesday, April 15, 2020. 5. The prohibitions and closures in this order do not apply to the following businesses: a. Places of public accommodation that offer food and beverages for off-site consumption, including grocery stores, markets, retail stores that offer food or beverages, convenience stores, pharmacies, drug stores, and food pantries, other than any portion of such business which offer on-site consumption which would be subject to the requirements of paragraph 1. b. Retail stores. c. Room service in hotels. d. Health care facilities, residential care facilities, congregate care facilities, and correctional facilities. e. Crisis shelters, homeless shelters, soup kitchens, or other similar institutions. f. Any emergency facilities necessary for the response to the current public health emergency or any other community emergency or disaster. g. Official meetings of the city, schools, county, or state. h. The operations and meetings of any state or federal courts. 6. This ordinance shall remain in effect for a period of thirty (30) days, at which time it shall be automatically repealed unless specifically readopted for an additional period of time by the City Council. Any dates identified in the ordinance for closures to automatically end may be adjusted at any time within the thirty (30) day period covered  by this ordinance by a resolution of the City Council. 7. Any violation of this ordinance is subject to the general penalty provision in Section 1-14 of the Spearfish City Ordinances. Each day a violation of this ordinance is allowed to occur is considered a separate offense. BE IT FURTHER ORDAINED, that, pursuant to SDCL 9-19-13, this ordinance is necessary to suppress disease and for the immediate preservation of the public peace, health, safety, and welfare of the City and shall become effective immediately upon passage and publication. Dated this 31st day of March, 2020. CITY OF SPEARFISH By: _ (Seal) Dana Boke, Its Mayor Attest: ___________________________________ Michelle DeNeui, Finance Officer First Reading: March 25, 2020 Second Reading: March 31, 2020 Published: April 1, 2020 Effective: April 1, 2020 Michelle DeNeui From: Rob Herrmann Sent: Tuesday, March 31, 2020 3:04 PM To: Michelle DeNeui Subject: RE: Updated packet for 3/31/2020 Special Session Can we add the letter from Nick Caton, Barbacoa's & Killian's? He sent that to me yesterday and it was forward to the mayor and council at his request. I've added it here: From: Nick Caton <nick.killianstavern@gmail.com> Date: March 30, 2020 at 3:49:48 PM MDT To: rob.hermann@gmail.com Subject: City Ordinance re: bars, restaurants, and public spaces City Council members, Mayor Boke, and Administrators, I, Nick Caton, operate 2 restaurants in Spearfish, one a quick service facility, Barbacoas which has been operational for 12 years, and the other, Killians a full service bar and restaurant that derives sales from gathering people for food and drink for 8 years. Obviously, nobody wants to close, and especially, to be told to close, however, this situation is not about freedom of choice or philosophical discussions about the rights of customers. It is about public safety and timing is critical. My 72 & 73 year old parents live in Sun Valley, Idaho, a community smaller but similar economically to ours, and they experienced early outbreak about 10 days ago. My mother has now said she is 99% sure she contracted Covid-19 (though she won't get tested as that wastes resources in her opinion) and an 81 year old guest at the less than 8 person dinner party they had on St Patrick's Day tested positive and is now in Twin Falls fighting for his life. She is optimistic that our community can still avoid this. Mona Jackson & I chose to close Killians on March 23rd, even before I found this out. From a business or entrepreneurial stand point this is a no brainer. Why would I waste financial and time resources trying to keep revenue for half of what we need, especially if furloughing the employees is safer and creates more ability to wait for demand to reemerge? Sure we could've run a little longer to collect as much revenue as possible, but then it's too late for my employees or customers to avoid the situation. And as for Barbacoas, my wife and I decided that closing the dining room and installing a drive through fit a business model for the time being, but we believe it could be matter time for other measures to become necessary, such as shelter in place or worse, employees or ourselves being quarantined, so business could suffer there naturally as well. I hope not, but without due diligence, it is all but guaranteed. We also, believe some of these changes will create long term demand, so we are gathering financial resources as fast as possible so as not to have this be our end. 1  Plan for the worst, hope for the best, but please lead us in due diligence. You have already closed your own spaces such as the library and rec center, why are you leaving this to us? To avoid responsibility? It is your responsibility. I am writing this letter as I am unable to attend on line for comments. Thanks, I hope my point of view is helpful. Nick Caton From: Michelle DeNeui Sent: Tuesday, March 31, 2020 2:40 PM Subject: Updated packet for 3/31/2020 Special Session I have updated the packet for today’s special city council session to include public comments received to date. The packet is available on our website: https://www.cityofspearfish.com/AgendaCenter/ViewFile/Agenda/_03312020‐450 Michelle DeNeui, MPA, CGFM Finance Officer City of Spearfish Phone (605)642‐1325 2