HomeMy WebLinkAbout2022-01-07 Special City Council Meeting PacketAgenda
City Council Meeting
City of Edina, Minnesota
Edina City Hall Council Chambers
SPECIAL MEETING
Friday, January 7, 2022
2:00 PM
I.Call To Order
II.Roll Call
III.Approval Of Meeting Agenda
IV.Reports/Recommendations: (Favorable vote of majority of Council
Members present to approve except where noted)
A.Emergency Regulation 2022-01
B.Virtual Meetings
V.Adjournment
The City of Edina wants all residents to be comfortable being part of the public
process. If you need assistance in the way of hearing ampli-cation, an
interpreter, large-print documents or something else, please call 952-927-8861
72 hours in advance of the meeting.
Date: January 7, 2022 Agenda Item #: IV.A.
To:Mayor and City Council Item Type:
Report / Recommendation
From:Scott H. Neal, City Manager
Item Activity:
Subject:Emergency Regulation 2022-01 Discussion
CITY OF EDINA
4801 West 50th Street
Edina, MN 55424
www.edinamn.gov
ACTION REQUESTED:
Discuss Emergency Regulation 2022-01.
INTRODUCTION:
I appreciate the Council’s willingness to call a special emergency meeting to discuss the City’s range of possible
responses to the current COVID-19 omicron variant infection surge in Edina. I am aware that Council Members
are receiving input and feedback from Edina residents on the subject of the current infection surge. The Council
is the duly elected leadership body of the residents of Edina, so it falls to the five of you to discern a path forward
on this public policy challenge, the consequences of which are quite serious.
I have invited public health professionals from our staff and from Bloomington Public Health to join the special
meeting to present information and context about the current infection surge. T hey will also be prepared to
answer your questions.
Following the public health presentation, it is my recommendation the Council discuss whether or not you want
the City to play a role in attempting to reduce the infection surge. And, if you do want the City to play such a
role, how active do you want the City’s role to be. Some of the issues you will want to discuss and resolve are:
What methodology does the City want to recommend? The range includes everything from a strongly
worded statement to a masking mandate to closures and occupancy limits.
Voluntary or mandatory compliance. Do we encourage compliance or demand it?
Enforcement. If we decide that compliance is obligatory, how is it enforced?
Timeline. How long are protective measures in place? What triggers them to be eliminated?
Considerations:
The Governor has clearly stated that he is not going to issue a state-wide mask mandate like he did in
2020. The Governor’s 2020 action was important in establishing the legitimacy of our local action. We
should give consideration to our local action if the Governor is not going to do something similar statewide.
If the City’s action is going to demand compliance, a discussion about enforcement is necessary.
Enforcement was problematic for the City during the 2020 action. With the current uptick in crime, I do
not recommend that we expect our police department to add this challenge to their mission. Also, our
seasonal employees at recreation facilities were challenged regularly in 2020. It was extremely difficult for
them to force compliance. I fear we would have the same challenges for them today.
It is true that Minneapolis and St. Paul have issued new mask mandates, but other suburban communities
are not following their lead, at least for now.
Those are some questions and considerations to think about and be prepared to discuss at the meeting. Included
in the packet will be a copy of the new Minneapolis order; a draft order for Edina based on the current
Minneapolis order; and, a draft order based on our 2020 emergency order, but revised to be voluntary instead of
obligatory.
ATTACHMENTS:
Description
Edina DRAFT Emergency Order #1 (Voluntary)
Edina DRAFT Emergency Order #2 (Mandate)
Minneapolis Emergency Regulation 2022-1
Resolution No. 2022-13: Community Protective Measures for COVID-19
Staff Presentation
1
CITY OF EDINA
LOCAL EMERGENCY ORDER #2022-01
Regarding Face Coverings
WHEREAS, James Hovland is the duly elected Mayor of the City of Edina and wishes to
invoke the authority provided for in Minn. Stat. §12.29, subd. 1, and Edina City Code
section 14-23; and,
WHEREAS, Minn. Stat. §12.29 authorizes the Mayor to declare an existence of a local
emergency, invoke necessary portions of the City's Emergency Operations Plans, and
authorizes aid and services in accordance with mutual aid agreements. That authority is
also found in Edina City Code, Section 14-23; and,
WHEREAS, Mayor Hovland seeks the consent and support of the City Council to take
action on this matter; and,
WHEREAS, many individuals with COVID-19 are asymptomatic, yet risk transfer of
coronavirus to others; and,
WHEREAS, infection rates in Edina in January 2022 are currently at their highest rate since
the start of the pandemic in March 2020; and,
WHEREAS, a substantial number of health care professionals in Edina are
recommending the use of face coverings in public spaces to reduce the spread of
coronavirus; and
WHEREAS, many businesses have already required face coverings for employees
and customers and others have indicated they would if the local jurisdiction requires
them; and
WHEREAS, wearing a face covering may greatly reduce the community spread of
COVID-19; and
WHEREAS, the goal of this Order is to achieve a reduction in the spread of the virus
through voluntary actions by Edina residents, businesses and guests.
NOW, THEREFORE, I, JAMES HOVLAND, MAYOR OF THE CITY OF EDINA, WITH THE
CONSENT OF THE EDINA CITY COUNCIL, DO HEREBY ORDER THE FOLLOWING
EMERGENCY REGULATION:
1. All individuals in Edina are requested and encouraged to wear a face covering in
indoor areas accessible to the public, unless exempted under section 2 below:
2
a. Specific to the face covering voluntary mandate, the following shall also apply:
i. Restaurants and Bars. Are encouraged to include in their COVID-19
Preparedness Plan that all customers wear a face covering when not
seated at their table.
ii. Spaces of Public Accommodation. Owners and managers of spaces
of public accommodation are encouraged to 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, and that customers are required to wear a face covering before
entering the spaces of public accommodation and must wear the face
covering until exiting.
iii. Public Transportation. Users are encouraged to wear a face covering
before boarding a bus and wear the face covering until the user exits the
bus.
iv. Entertainment Venues. Users are encouraged to wear a face covering
when the user is within six feet of another person. When the user is
seated and not within six feet of a person they may remove the face
covering, but are encouraged to wear the face covering when walking to or
from their seat and while standing in or walking through public areas such
as lobbies and restrooms.
v. Common Spaces in Multi-Family Residential and Multi-Tenant
Office Buildings. Residents of multi-family housing buildings, and their
guests; and tenants, employees and their guests in multi-tenant office
buildings are encouraged to wear a face covering when in 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.
2. Exemptions: This Order does not apply to:
i. Facilities operated by the County, State or Federal Government.
ii. Personal Care Services/Salons that already have State face covering
requirements.
iii. Medical facilities that already have face covering requirements.
iv. Children 5 years of age or younger.
v. Individuals actively eating or drinking.
vi. Individuals temporarily removing the face covering for identification
purposes.
vii. Individuals unable to wear a face covering due to medical, disability, or
developmental reasons.
3
viii. Individuals speaking to an audience, whether in person or through
broadcast, as long as the speaker remains six feet or more away from
other individuals.
ix. Individuals speaking to someone who is deaf or hard of hearing and
requires the mouth to be visible to communicate.
x. Participants in youth sports, as defined by the City of Edina, are exempt
from this Order but subject to all requirements under the State's
Executive Orders.
xi. Indoor athletic facilities. Indoor athletic facilities shall follow CDC and
MDH guidelines. Patrons are not required to wear face coverings or
masks while actively participating in permitted athletic activities but are
encouraged to wear face coverings when not actively training.
xii. Places of worship
xiii. Public and private school facilities
3. Enforcement:
i. Compliance with this Order is voluntary.
ii. Private property owners may demand mandatory compliance with this
Order. Any individual who fails to comply with this Order may be asked
to leave the property 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.
iii. Businesses and organizations may rely on an individual's statements if
they claim to be exempt from the Order due to medical, disability, or
developmental reasons.
4. For purposes of this Order, "face covering" shall mean a manufactured or homemade
cloth, paper or plastic covering that fully covers an individual's nose and mouth, secured
to the head with ties or straps or simply wrapped around the lower face. The terms
"mask" and "face covering" are synonymous.
5. For purposes of this Order, 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 of Edina government
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.
4
6. All employers of businesses that are spaces of public accommodation, as defined by
this Order, are encouraged to 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.
7. The request 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.
8. 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.
9. Owners or managers of property subject to this Order are encouraged to post written
notice of this Order at all points used by the public to access the property.
10. Businesses and organizations are encouraged to provide masks for customers at no or
nominal cost.
11. This Order will remain effective until revoked by action of the Mayor, the City Council
or May 1, 2022.
This Order is effective ______________________________
By:__________________________________________
Mayor James Hovland
City of Edina, Minnesota
January 7, 2022
City of Edina
Local Emergency Order No. 2022-1
In response to the COVID-19 public health emergency, this emergency regulation re-establishes required
face coverings for indoor public locations.
Whereas, it is a priority that race and equity be of paramount consideration in enacting and carrying out
emergency regulations during the COVID-19 pandemic; and
Whereas, the data shows that older individuals and those suffering from underlying conditions are
prone to more severe disease; and, in the Twin Cities, Black, Indigenous, people of color, and immigrant
community members are testing at a higher rate; and
Whereas, public health experts have determined that it is possible to transmit COVID-19 even before a
person shows symptoms; and
Whereas, according to the U.S. Centers for Disease Control and Prevention (CDC), because COVID-19 is
primarily transmitted by respiratory droplets, population density plays a significant role in the
acceleration of transmission and cities like Minneapolis, the densest city in the State of Minnesota, are
at a higher risk while also serving a greater proportion of vulnerable populations; and
Whereas, during the public health emergency, state and local health authorities strongly encouraged all
Minnesotans to wear a face covering when they leave their homes and travel to any indoor public
setting where social distancing measures are difficult to maintain (e.g. grocery stores and pharmacies)
and to follow relevant face covering guidelines issued by governmental health authorities; and
Whereas, since March 2020, the City has issued and rescinded numerous disease control and prevention
regulations as needed to address the ebbs and flows of the COVID-19 pandemic; and
Whereas, since June 2021, the CDC identified new variants of the COVID-19 virus which are present in
the United States and medical experts determined that some of these variants are significantly more
contagious than previously known variants; and
Whereas, the COVID-19 Delta variant has been determined by the CDC to be a “variant of concern” due
to its high transmissibility and continues to account for a large number of new cases sequenced in
Minnesota, thereby substantially increasing the potential risk of infection and the spread of the virus
through the community; and
Whereas, the COVID-19 Omicron variant, which has been identified in Minnesota, has been determined
by the CDC to be a “variant of concern” and appears to be easily transmitted; and
Whereas, the Omicron variant accounts for 68% of the cases in Minnesota; and
Whereas, 4.3% of all new COVID-19 cases have been in fully vaccinated individuals ages 12 and up in
Minnesota as of the last reporting period (week of 11/28/21); and
Whereas, new COVID-19 infections in Edina are occurring at a rate higher than at any time in the
pandemic; and,
Whereas, the CDC continue to reinforce that the strongest defense against the Delta, Omicron, and
other potentially dangerous variants is through vaccination, proper use of a face mask, avoidance of
crowded spaces, good hand hygiene, and staying home when sick.
NOW, THEREFORE, be it resolved by the City Council of the City of Edina that:
Effective January 6, 2022, any individual who is over age two and able to medically tolerate a face
covering shall be required to cover their nose and mouth with a medical-grade mask or cloth face
covering in accordance with CDC guidance when in indoor spaces of public accommodation regardless of
vaccination status, except for the purposes of eating and/or drinking.
All employers of businesses that are spaces of public accommodation as defined by this Order shall
require their employees, regardless of vaccination status, to wear a medical-grade mask or cloth face
covering whenever such employees have face-to-face contact with the public.
Athletes, performers, and supporting staff competing or performing at indoor spaces of public
accommodation are not subject to this regulation.
Definitions
A space of public accommodation means a business, or an educational, 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, government buildings,
stadiums, arenas, convention centers, and service establishments as well as educational institutions,
recreational facilities, and service centers.
Cloth face covering means a covering that fully covers a person’s nose and mouth but is not a Medical-
Grade Mask.
Medical-grade mask means an N95, KN95, surgical, or other mask that would be appropriate for a
healthcare setting, or a setting in which direct patient care is provided.
Additional Terms
This Order is effective 5:00 p.m. (CST) January ___, 2022 and continuing until further notice or until it is
extended, rescinded, superseded, or amended.
A violation of this Emergency Regulation may be enforced by the issuance of warning letter(s),
administrative citation to City-licensed businesses, and/or misdemeanor prosecution.
Emergency Regulation
Issued pursuant to MCO Section 128.60
I, Jacob Frey, Mayor of the City of Minneapolis, subject to the authority granted to me pursuant to Minnesota
Statutes, Ch. 12.29, and Minneapolis Code of Ordinances {MCO), Sections 128.50 and 128.60 do hereby
proclaim the following Emergency Regulation:
PROCLAMATION OF THE MAYOR
Emergency Regulation No. 2022-01
Whereas, on March 16, 2020, I declared a local public health emergency related to the COVID-19 pandemic
in the City of Minneapolis and assumed executive responsibilities attendant thereto; and
Whereas, pursuant to the authority granted to me pursuant to Minnesota Statutes, Ch. 12.29, and
Minneapolis Code of Ordinances, Sections 128.50 and 128.60, I am authorized to promulgate emergency
regulations to protect the public health, safety, and welfare during this declared emergency; and
Whereas, it is a priority that race and equity be of paramount consideration in enacting and carrying out
emergency regulations during the COVID-19 pandemic; and
Whereas, the data shows that older individuals and those suffering from underlying conditions are prone to
more severe disease; and, in Minneapolis, Black, Indigenous, people of color, and immigrant community
members are testing at a higher rate; and
Whereas, public health experts have determined that it is possible to transmit COVID-19 even before a
person shows symptoms; and
Whereas, according to the U.S. Centers for Disease Control and Prevention {CDC), because COVID-19 is
primarily transmitted by respiratory droplets, population density plays a significant role in the acceleration of
transmission and cities like Minneapolis, the densest city in the State of Minnesota, are at a higher risk while
also serving a greater proportion of vulnerable populations; and
Whereas, during the public health emergency, state and local health authorities strongly encouraged all
Minnesotans to wear a face covering when they leave their homes and travel to any indoor public setting
where social distancing measures are difficult to maintain (e.g. grocery stores and pharmacies) and to follow
relevant face covering guidelines issued by governmental health authorities; and
Whereas, since March 2020, the City has issued and rescinded numerous disease control and prevention
regulations as needed to address the ebbs and flows of the COVID-19 pandemic; and
Whereas, on May 26, 2020, I promulgated Emergency Regulation 2020-12 (rescinded June 1, 2021), which
required the wearing of a mask or cloth face covering in indoor spaces of public accommodation in the City of
Minneapolis; and
Whereas, since June 2021, the CDC identified new variants of the COVID-19 virus which are present in the
United States and medical experts determined that some of these variants are significantly more contagious
than previously known variants; and
Whereas, the COVID-19 Delta variant has been determined by the CDC to be a "variant of concern" due to its
high transmissibility and continues to account for a large number of new cases sequenced in Minnesota and
the City of Minneapolis, thereby substantially increasing the potential risk of infection and the spread of the
virus through the community; and
Whereas, the COVID-19 Omicron variant, which has been identified in Minneapolis, has been determined by
the CDC to be a "variant of concern" and appears to be easily transmitted; and
Whereas, the Omicron variant accounts for 68% of the cases in Minnesota; and
Whereas, 4.3% of all new COVID-19 cases have been in fully vaccinated individuals ages 12 and up in
Minnesota as of the last reporting period (week of 11/28/21); and
Whereas, COVID-19 cases in the City of Minneapolis have trended upward since July 2021 with the
community transmission rate exceeding 900 cases per 100,000 individuals, which puts the City in the CDC's
high-risk area category with associated increased rates of positive test cases; and
Whereas, the City of Minneapolis and the CDC continue to reinforce that the strongest defense against the
Delta, Omicron, and other potentially dangerous variants is through vaccination, proper use of a face mask,
avoidance of crowded spaces, good hand hygiene, and staying home when sick; and
Whereas, to aid in our efforts, under the emergency authorities vested in the Mayor pursuant to the
emergency declaration, to make and issue rules and regulations on matters reasonably related to the
protection of life and property as affected by such emergency and adopt additional protections for the
preservation of public health and safety.
NOW, THEREFORE, I, Jacob Frey, Mayor of the City of Minneapolis, do hereby order the following emergency
regulation:
1. Effective January 6, 2022, any individual who is over age two and able to medically tolerate a face
covering shall be required to cover their nose and mouth with a medical-grade mask or cloth face
covering in accordance with CDC guidance when in indoor spaces of public accommodation regardless of
vaccination status, except for the purposes of eating and/or drinking.
2. All employers of businesses that are spaces of public accommodation as defined by this Order shall
require their employees, regardless of vaccination status, to wear a medical-grade mask or cloth face
covering whenever such employees have face-to-face contact with the public.
3. Athletes, performers, and supporting staff competing or performing at indoor spaces of public
accommodation are not subject to this regulation.
Definitions
4. A space of public accommodation means a business, or an educational, 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, government buildings, stadiums, arenas,
convention centers, and service establishments as well as educational institutions, recreational facilities,
and service centers.
5. Cloth face covering means a covering that fully covers a person's nose and mouth but is not a Medical-
Grade Mask.
6. Medical-grade mask means an N95, KN95, surgical, or other mask that would be appropriate for a
healthcare setting, or a setting in which direct patient care is provided.
Additional Terms
7. This Order is effective 5:00 p.m. (CST) January 6, 2022 and continuing until further notice or until it is
extended, rescinded, superseded, or amended.
8. A violation of this Emergency Regulation may be enforced by the issuance of warning letter(s),
administrative citation to City-licensed businesses, and/or misdemeanor prosecution. Minneapolis Code
of Ordinances Sections 1.30 and 259.250
9. The Commissioner of Health is hereby authorized and directed to administer, interpret, and monitor
requirements set forth in this Emergency Regulation, and to take such further actions as deemed
necessary or advisable to protect the health and safety of the public.
JAN O 5 2022
Date
__,_ ___ _
ATTEST~
CrtyCle~
POSTED: JAN O 5 2022 -------------
RESOLUTION NO. 2022-13
COMMUNITY PROTECTIVE MEASURES FOR COVID-19
WHEREAS, public health experts have determined that it is possible to transmit COVID-19
even before a person shows symptoms; and,
WHEREAS, during the public health emergency, state and local health authorities strongly
encouraged all Minnesotans to wear a face covering when they leave their homes and travel to any
indoor public setting where social distancing measures are difficult to maintain (e.g. grocery stores and
pharmacies) and to follow relevant face covering guidelines issued by governmental health authorities;
and,
WHEREAS, since June 2021, the CDC identified new variants of the COVID-19 virus which
are present in the United States and medical experts determined that some of these variants are
significantly more contagious than previously known variants; and,
WHEREAS, the COVID-19 Delta variant has been determined by the CDC to be a “variant of
concern” due to its high transmissibility and continues to account for a large number of new cases
sequenced in Minnesota, thereby substantially increasing the potential risk of infection and the spread of
the virus through the community; and,
WHEREAS, the COVID-19 Omicron variant, which has been identified in Minnesota, has been
determined by the CDC to be a “variant of concern” and appears to be easily transmitted; and,
WHEREAS, the Omicron variant accounts for 68% of the cases in Minnesota; and,
WHEREAS, 4.3% of all new COVID-19 cases have been in fully vaccinated individuals ages 12
and up in Minnesota as of the last reporting period (week of 11/28/21); and,
WHEREAS, new COVID-19 infections in Edina are occurring at a rate higher than at any time
in the pandemic; and,
WHEREAS, the CDC continues to reinforce that the strongest defense against the Delta,
Omicron, and other potentially dangerous variants is through vaccination, proper use of a face mask,
avoidance of crowded spaces, good hand hygiene, and staying home when sick; and,
WHEREAS, the healthcare system is experimenting significant stress right now from the sharp
increase in COVID-19 infections and would benefit from people exercising more personal protective
measures to mitigate the spread of the Omicron variant.
NOW, THEREFORE, BE IT RESOLVED, to achieve maximum protection against the Omicron variant of
COVID-19, that:
1. Residents, employees and guests in Edina are requested and strongly encouraged by the Edina
City Council to take all reasonable protective actions, such as wearing appropriate face
coverings, maintain social distancing in public places, washing hands regularly and getting
vaccinated, if possible, in order to reduce the spread and negative impacts of COVID-19 during
this period of infection surge caused by the Omicron variant; and
2. Staff is directed to develop strategies around the use of federal funds for providing the following
to the residents of Edina:
Flu shots
Rapid test access for COVID-19
Opportunities for COVID-19 booster shots
Providing high-quality masks to our residents that are effective against Omicron
Dated: January 7, 2022
Attest: _______________________________ ____________________________
Sharon Allison, City Clerk James B. Hovland, Mayor
STATE OF MINNESOTA)
COUNTY OF HENNEPIN) SS
CITY OF EDINA)
CERTIFICATE OF CITY CLERK
I, the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the
attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of
January 7, 2022, and as recorded in the Minutes of said Regular Meeting.
WITNESS my hand and seal of said City this _______ day of __________________, 2022.
_____________________________________
City Clerk
COVID-19 Update
January 7, 2022
Date: January 7, 2022 Agenda Item #: IV.B.
To:Mayor and City Council Item Type:
Report / Recommendation
From:Scott H. Neal, City Manager
Item Activity:
Subject:Virtual Meetings Discussion
CITY OF EDINA
4801 West 50th Street
Edina, MN 55424
www.edinamn.gov
ACTION REQUESTED:
Discussion
INTRODUCTION:
City Council to discuss the option of going back to virtual meetings.