HomeMy WebLinkAbout2020-07-08 City Council Special Meeting PacketAgenda
City Council Meeting
City of Edina, Minnesota
VIRTUAL SPECIAL MEETING
The meeting will be broadcast live on Edina TV (Comcast Channels 813 or 16),
Facebook.com/EdinaMN and the City’s “Watch a Meeting” web page at
EdinaMN.gov/LiveMeetings.
Wednesday, July 8, 2020
4:00 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 No. 2020-02
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: July 8, 2020 Agenda Item #: IV.A.
To:Mayor and City Council Item Type:
Report / Recommendation
From:Scott Neal, City Manager
Item Activity:
Subject:Emergency Regulation No. 2020-02 Action, Discussion
CITY OF EDINA
4801 West 50th Street
Edina, MN 55424
www.edinamn.gov
ACTION REQUESTED:
Approve future action of Emergency Regulation No. 2020-02.
INTRODUCTION:
Mayor Hovland signed Emergency Regulation No. 2020-02 on July 1, 2020 under the authority vested in him by
Minnesota Statutes 12.29 and Edina City Code section 14-23. The emergency order became effective on 12:01
a.m. on Monday, July 6. Under his emergency authority, the Mayor’s emergency order expires three days from
the date of implementation. The purpose of the July 8 special City Council meeting is for the City Council to
determine whether you desire the order to be:
1. Terminated through non-action by the Council
2. Terminated by action of the Council
3. Extended as is by action of the Council
4. Amended and extended by action of the Council
The City Council action will require a majority vote of the Council.
ATTACHMENTS:
Description
Proclamation of the Mayor
DRAFT 4 Local Emergency Order No. 2020-03
DRAFT 4
CITY OF EDINA
LOCAL EMERGENCY ORDER #2020-03
Amending Local Emergency Order #2020-02
Regarding Required Face Coverings
WHEREAS, on March 13, 2020, Gov. Tim Walz declared a statewide emergency in
response to the COVID-19 pandemic; and,
WHEREAS, on March 16, 2020, Mayor James Hovland issued a Declaration of Local
Emergency, to which the City Council consented; and,
WHEREAS, on July 1, 2020, Mayor James Hovland issued an Amendment to the
Declaration of Local Emergency, Order #2020-02, to which the City Council
consented; 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, 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, many individuals with COVID-19 are asymptomatic, yet risk transfer of
coronavirus to others; and
WHEREAS, on June 28, 2020, the CDC issued the following guidance on face covering
use:
1. CDC recommends that people wear cloth face coverings in public settings and
when around people who do not live in your household, especially when other
social distancing measures are difficult to maintain.
2. Cloth face coverings may help prevent people who have COVID-19 from
spreading the virus to others.
3. Cloth face coverings are most likely to reduce the spread of COVID-19 when
they are widely used by people in public settings.
4. Cloth face coverings should NOT be worn by children under the age of 2 or
anyone who has trouble breathing, is unconscious, incapacitated, or
otherwise unable to remove the mask without assistance; and
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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, in a scientific article published in The Lancet 2020; 395:1973-87, June,
2020 the study authors found, from a searched review of studies across 16 countries,
that face masking could result in a large reduction in the risk of infection; 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 purpose of State Orders requiring limitations on both businesses being
open and capacity limits is to prevent hospitals and supplies from being overrun; and
WHEREAS, the purpose of this Order is to minimize the need for future re-closing of
businesses based on public health data and to reduce the risks of spreading
coronavirus in the community.
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. The existing Emergency Declaration, as amended, remains in effect as drafted so long
as the State of Minnesota remains under a Peacetime Emergency or further Council
action.
2. It is hereby Ordered that starting July 9, 2020, and continuing until the sooner of:
a. Gov. Walz enacts a statewide order requiring face coverings.
b. An end to the State's Peacetime Emergency Declaration.
c. A Resolution of the City Council rescinding the Order.
d. December 31, 2020.
3. All individuals shall wear a face covering in indoor areas accessible to the public,
unless exempted under section 4 below:
a. Specific to the face covering mandate in section 3, the following shall also apply:
i. Restaurants and Bars. Must 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 must include in their COVID-19 Preparedness
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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 the
spaces of public accommodation and must wear the face covering until
exiting.
iii. Public Transportation. Users are required 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 required 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 can remove the face
covering, but must 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 shall 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.
4. 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.
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.
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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
5. Enforcement:
i. Any individual who fails to comply with this Order will 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.
ii. An individual’s subsequent failure to comply with this Order may be
subject to the penalty provisions of Sec. 14-23 and Sec. 1-18 of the
Edina City Code which provides that in any case other than those in
which a violation is expressly stated to be a petty misdemeanor in this
Code, any person violating any provision of this Code, or Code any rule
or regulation adopted under this will, upon conviction, be guilty of a
misdemeanor, and be subject to a fine of not more than $1,000.00 or
imprisonment for a term not to exceed 90 days or both, plus, in either
case, the cost of prosecution. The cost of prosecution may be added to
the penalty imposed on every person convicted of violating any
provision of this Code.
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.
iv. Any business violating this Order shall be subject to administrative
action for any licenses they possess with the City.
6. 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.
7. 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
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beverage not for on-premises consumption, including grocery stores, markets,
convenience stores, pharmacies, drug stores, and food pantries.
8. All employers of businesses that are spaces of public accommodation, as defined by
this Order, 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.
9. 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.
10. 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.
11. Owners or managers of property subject to this Order shall post written notice of this
Order at all points used by the public to access the property.
12. Businesses and organizations are encouraged to provide masks for customers at no or
nominal cost.
13. To the extent anything in this Order is inconsistent with the Emergency Executive Order
20-74 of Minnesota Gov. Tim Walz, the language of Emergency Executive Order 20-
74 shall take precedence.
This Order is effective 12:01 a.m. (CST) on July 9, 2020.
By:__________________________________________
Mayor James Hovland
City of Edina, Minnesota
July 8, 2020