HomeMy WebLinkAboutA001 - Council Action Form dated May 17, 2021, carried over to May 25, 2021 meeting Item No. 2a
CITY OF MEMO
Ames Legal Department
Caring People•Quality Programs•Exceptional Service
To: Mayor Haila and Ames City Council
From: Mark O. Lambert, City Attorney
Date: May 17, 2021
Subject: Face-covering mandate ordinance
This memo is in two parts: A) Responding to the motion made at the May 11,
2021 Council meeting for a memo on the interplay between the Story County
face-covering mandate and the City of Ames if the City's face-covering
ordinance expires or is repealed; and B) Regarding the options for the future of
the face-coverings ordinance.
A. Interplay of Story County and City of Ames face-covering mandates.
Article III, Sec. 39A of the Iowa Constitution (the "Counties Home Rule" section)
states:
If the power or authority of a county conflicts with the power and
authority of a municipal corporation, the power and authority
exercised by a municipal corporation shall prevail within its
jurisdiction.
This provision makes clear that a city ordinance prevails over a county
ordinance on the same topic. Also, the "power and authority" of the county
government or municipal government is not limited to only ordinances.
Story County has a face coverings policy that is generally similar to the City of
Ames ordinance. The County mask mandate is actually a Story County Board
of Health regulation, which has to be (and has been) approved by the Board of
Legal Department 515.239.5146 main 515 Clark Ave.
515.239.5142 fax Ames,IA 50010
www.CityofAmes.org
Supervisors and per the Iowa Code.' The Ames ordinance is found at Section
17.37 of the Ames Municipal Code.
Because of the Iowa Constitution's provision above, we know that the Story
County regulation currently is not effective within the corporate municipal
boundaries of Ames, since the City has its own face-covering ordinance.
The Story County face-covering regulation does not have an expiration date. It
will have to be repealed by action of the Board of Supervisors in order to
eliminate the county face-covering mandate.
The City's ordinance is written to sunset on June 30, 2021. At that point, it will
no longer be in effect. With the newly-issued CDC guidance, there's a
possibility that the ordinance could be repealed earlier.
Because the County Board of Health regulation is still in effect, once the City's
face-covering ordinance is no longer in effect, the county regulation will become
effective in Ames, unless the Council takes some action.
Power and authority may be exercised by a city council by ordinance,
resolution, or motion2. The Council has the authority to reject the
implementation of the Story County mask mandate in Ames. But in order to do
so, merely repealing the City's ordinance or allowing it to sunset/expire, would
not accomplish this goal. The City Council must take an affirmative step of
some sort. A resolution passed by the City Council saying that it is the policy
of the Ames City Council that the Story County face-face-covering mandate will
not be in effect within the City would establish that the Story County regulation
would not be effective within Ames. I have consulted with the Story County
Attorney's office, and that office is in agreement that such a resolution would
result in the Story County Board of Health regulation not being in effect within
1 Iowa Code section 137.104
2 "A city council shall exercise a power only by the passage of a motion, a resolution,
an amendment, or an ordinance." Iowa Code section 364.3(1).
Ames. If the Council desires to establish such a policy by resolution, I would
suggest that it be done at the last meeting held before the ordinance expires on
June 30, or if the ordinance is repealed earlier, at the same meeting where the
ordinance is repealed.
In summary:
1. If the Ames face-covering ordinance expires or is repealed before the
sunset date, the Story County Board of Health face-covering regulation
will become effective within the city limits of Ames.
2. If the Council wishes not to have the Story County Board of Health
regulation become effective within Ames, the Council has the legal ability
to do that, via a resolution establishing that Story County's face-covering
mandate will not be in effect within the corporate boundaries of Ames.
B) Options regarding the City of Ames Face-Covering ordinance.
As a response to the global COVID-19 pandemic, the Ames City Council
adopted a face-covering mandate ordinance on September 1, 2020. The
ordinance became effective on September 4, 2020 and is codified at Section
17.37 of the Ames Municipal Code. The original expiration date was
December 31, 2020, but at its final meeting in December 2020, the Council
amended the ordinance with a new sunset date, June 30, 2021.
On Friday, May 14, 2021, the federal Centers for Disease Control (CDC) issued
new guidelines regarding the wearing of masks or face-coverings for those fully
vaccinated. Though there are many subtleties to the CDC guidance, this
summary paragraph from the CDC encapsulates the main message of the new
guidance: "Fully vaccinated people can resume activities without wearing a
mask or physically distancing, except where required by federal, state, local,
tribal or territorial laws, rules, and regulations, including local business and
workplace guidance." See: https://www.cdc.gov/coronavirus/2019-
ncov/vaccines/fully-vaccinated-guidance.html
In response to news coverage of the new CDC guidance, the Council and City
staff have received communications from citizens and businesses in Ames
asking about, or offering an opinion on, the City's face-covering mandate now
that the CDC has changed its guidance.
The City's face-covering ordinance is set to expire after June 30, 2021. If the
Council desires to extend the ordinance, it would have to amend the ordinance
to do so before June 30, which could be done in time with the first reading
taking place on May 25, 2021. The Council can tale no action, and simply allow
the sunset clause to make the ordinance expire after June 30. The Council
could repeal the ordinance through the standard three readings at three
different City Council meetings. That would involve first reading of an
ordinance repealing the face-covering ordinance at the May 25, 2021 Council
meeting; second reading would be at the June 8, 2021 Council meeting, with
third & final reading at the June 22, 2021 Council meeting. The repeal would
become effective on Friday, June 25, 2021. If the Council desires to repeal the
ordinance and to do so more quickly, the Council could schedule the first
reading on May 25, 2021 and then suspend the rules requiring three separate
readings at three separate Council meetings, as permitted by the Code of Iowa,
thereby adopting the repeal in one meeting. This would make the repeal
effective on May 28, 2021. Another option would be to amend the ordinance in
some fashion, rather than repealing it or allowing it to expire.
ALTERNATIVES:
1. The Council can take no action, and the ordinance will expire and
become null and void after June 30, 2021.
2. The Council can direct the City Attorney's office to draft an ordinance
repealing the face-covering mandate ordinance, with the first reading at
May 25, 2021 Council meeting.
3. The Council can direct the City Attorney's office to draft an ordinance
repealing the face-covering mandate ordinance, with the first reading at
the May 25, 2021 Council meeting, along with an agenda sub-item to
consider a Motion to Suspend the Rules, which would allow the repealing
ordinance to be adopted on May 25, 2021.
4. The Council can direct the City Attorney's office to draft an ordinance
amending the face-covering ordinance in ways the Council has
determined, and extending the sunset date if so desired, to be
considered for first reading at the May 25, 2021 Council meeting.
5. The Council can direct the City Attorney's office to draft an ordinance
amending the face-covering mandate ordinance by extending the sunset
date to some date beyond June 30, 2021.
ALTERNATIVES REGARDING THE STORY COUNTY BOARD OF HEALTH
REGULATION:
1. The Council can take no action and allow the Story County Board of
Health regulation to become effective within the City of Ames upon the
expiration or repeal of the Ames face-covering ordinance.
2. The Council can direct staff to place a Resolution on the agenda for the
meeting at which the ordinance is being repealed, or at the last meeting
before the ordinance expires, stating that it is the policy of the City of
Ames that the Story County Board of Health regulation is not effective
within the corporate limits of the city.
ORDINANCE NO.4420
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF
THE CITY OF AMES, IOWA, BY ENACTING A NEW
SECTION 17.37 THEREOF, FOR THE PURPOSE OF FACE
COVERING REQUIREMENT REPEALING ANY AND ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
TO THE EXTENT OF SUCH CONFLICT; AND
ESTABLISHING AN EFFECTIVE DATE.
BE IT ENACTED,by the City Council for the City of Ames, Iowa,that:
Section One. The Municipal Code of the City of Ames,Iowa shall be and the same is hereby
amended by enacting a new Section 17.37 as follows:
"Sec. 17. 37 FACE COVERING REQUIREMENT:
PREAMBLE: This ordinance is being adopted in response to a worldwide pandemic of
the novel coronavirus which causes COVID-19. The virus has been spreading locally in
Story County, the City of Ames, and on the Iowa State University campus. The U.S.
Centers for Disease Control, Iowa Department of Public Health, Story County Board of
Health, and Mary Greeley Medical Center have all encouraged people to wear face
coverings as a method to slow or prevent transmission of the virus. This ordinance is
being adopted pursuant to the Municipal Home Rule Authority as stated in Article III,
Section 38A of the Iowa Constitution and Iowa Code section 364.1. It is the intent and
belief of the Ames City Council that this ordinance does not conflict with provisions of
the Governor of Iowa's Public Health Disaster Emergency Proclamation regarding
COVID-19 which is currently in effect.
(1) Every person in the City of Ames three (3) years of age or older must wear a
face covering that completely covers the person's nose and mouth under the following
circumstances:
a. Outside whenever the person cannot stay at least six (6) feet away from
others not in the person's household;
b. Inside any indoor setting or establishment where the public is invited in,
including, but not limited to:
i. Grocery, retail, and hardware stores, gas stations and
convenience stores, fitness centers, pharmacies, any other indoor public setting when
with persons who do not live in the person's household, and other public settings that are
not the person's place of residence. A childcare facility is not considered a public setting
or a facility where the public is invited in.
(2) A person is not required to wear a face covering at the following places or
times:
a. While traveling in a personal vehicle alone or with household members.
b. While a person is in the person's household or the household's yard, or
in another person's household.
c. While outside, where at least six (6) feet of physical separation from
others can be maintained.
d. While at a person's place of employment where at least six (6) feet of
physical separation from others can be maintained.
e. While exercising at moderate or high intensity, such as jogging or
biking or while engaging in or practicing for sporting activities.
f. While seated inside or outside at a food establishment in the process of
eating or drinking.
g. While seated inside or outside at a bar in the process of eating or
drinking.
h. While obtaining a service that would require temporary removal of the
person's face covering.
i. When federal or state law prohibits wearing a face covering or requires
the removal of the face covering.
(3) The following persons are exempt from wearing a face covering:
a. Persons younger than three (3)years of age.
b. Anyone who has a medical condition causing difficulty of breathing or
is on oxygen therapy or a ventilator.
c. Anyone who is unconscious, incapacitated, or otherwise unable to
remove the face covering without assistance.
d. Anyone who has been advised by a medical or behavioral health
professional not to wear face coverings.
e. Anyone actively engaged in a public safety role, including but not
limited to law enforcement, firefighters, or emergency medical personnel, although a face
covering should be worn if possible.
(4) Compliance with this ordinance shall be obtained through education and
encouragement only. There is no penalty for a violation of this ordinance.
SUNSET CLAUSE: This ordinance expires and becomes null and void after December
31, 2020, unless the date in this clause is amended or the ordinance is sooner repealed."
Section Two. All ordinances,or parts of ordinances, in conflict herewith are hereby repealed to the
extent of such conflict, if any.
Section Three. This ordinance shall be in full force and effect from and after its passage and
publication as required by law.
Passed this I"day of September,2020.
V
Diane R.Voss,City Clerk John A. Haila,Mayor
Attachment 2
Interim Public Health Recommendations
From CDC For Fully Vaccinated People
Fully vaccinated people can:
• Resume activities without wearing masks or physically distancing, except
where required by federal, state, local, tribal, or territorial laws, rules and
regulations, including local business and workplace guidance
• Resume domestic travel and refrain from testing before or after travel or
self-quarantine after travel
• Refrain from testing before leaving the United States for international
travel (unless required by the destination) and refrain from self-quarantine
after arriving back in the United States
• Refrain from testing following a known exposure, if asymptomatic, with
some exceptions for specific settings
• Refrain from quarantine following a known exposure if asymptomatic
• Refrain from routine screening testing if feasible
Item No. 2b
Afllhk, CITY OF_
IV
Ames MEMO
Caring People•Quality Programs•Exceptional Service
To: Mayor and City Council
From: Deb Schildroth, Assistant City Manager
Date: May 17, 2021
Subject: Local Partners Input on Face Covering Ordinance
City Council implemented a face covering ordinance on September 4, 2020 as a public
health measure to help reduce the spread of COVID-19. The ordinance was set to expire
on December 31, 2020. On November 24, 2020, Council incorporated input solicited
from local partners and medical advisors as part of the review in determining the
extension of the face covering ordinance. The local partners and medical advisors
included Story County Board of Health, Iowa State University, McFarland Clinic, and
Mary Greeley Medical Center. All four organizations responded in support of
continuing the face covering ordinance, and Council voted to extend the sunset date of
the ordinance to June 30, 2021.
At the May 10, 2021 City Council meeting, Council directed staff to collect feedback
from those same four local partners and medical advisors in preparation of revisiting the
face covering ordinance. A couple of days following the Council meeting, CDC
announced new guidance pertaining to face coverings. The guidance states that fully
vaccinated people can resume activities without wearing a face covering or physically
distancing, except where required by federal, state, local rules including local business
and workplace guidance (i.e. healthcare settings, public transportation, prisons, and
homeless shelters). The question asked in the solicitation of feedback from Story
County Board of Health, Iowa State University, McFarland Clinic, and Mary Greeley
Medical Center, was what input or concerns does each entity have if the face covering
ordinance is allowed to sunset and not be extended. The general theme from the
responses was to follow CDC guidelines.
It's important to note that if action is taken to repeal the ordinance, then any face
covering requirements that may continue in schools, businesses, stores, etc. is at the
discretion of those entities.
City Manager's Office 515.239.5101 main 515 Clark Ave.
515.239.5142 fax Ames,IA 50010
www.CitityofAmeAmes.org
Additionally, the City's transit service, CyRide, will need to continue wearing face
coverings due to the federal directive they are currently required to follow. This
directive also applies to riders on the buses.
Because CDC guidelines can change quickly, Council may want to consider a motion
supporting the continued monitoring of the CDC guidelines and information on
positivity rate, hospitalizations, and vaccinations from our medical advisors in Story
County.
Please find attached to this memo the responses from the local partners and medical
advisors.
Mary Greeley Medical Center
From: Dieter, Brian <dieter@mgmc.com>
Sent: Monday, May 17, 2021 8:44 AM
To: Schildroth, Deb<deb.schildroth@cityofames.org>
Cc: Deardorff,Amber<deardorff@MGMC.COM>
Subject: Re: City of Ames Face Covering Ordinance- Expires June 30 2021 - INPUT REQUESTED ASAP
[External Email]
We are supportive of following as closely as possible the CDC guidance. We are also cognizant of the
difficulty of having a mask mandate for those not vaccinated-that said, mandate currently in place
should be allowed to lapse-
Brian Dieter
Chair, Story County Board of Health
From:John Paschen<jpaschen@mcfarlandclinic.com>
Sent:Sunday, May 16, 2021 1:34 PM
To: Schildroth, Deb<deb.schildroth@cityofames.org>
Subject: Re: City of Ames Face Covering Ordinance- Expires June 30 2021 - INPUT REQUESTED ASAP
[External Email]
Deb, I would be more than happy to give you my thoughts. The world has certainly changed considering
COVID-19 over the past 48 hours and it seems we are all trying to catch up. I expect more changes
come out as the weeks go on. I will tell you the BOH will meet this week to discuss our own mask
mandate and how to handle that.
However, here are my current thoughts: It is important to know the CDC guidelines,though quite game
changing, ONLY apply to adults that have been fully vaccinated(though you could easily include
teenagers that have been fully vaccinated for COVID).A consideration the city council may consider is
recommending to businesses they allow people to be present without a mask if they report themselves
as being completely vaccinated. I think they can ask but, with the governors impending legislation that
we all expect her to sign, I do not think they should require proof.
I feel it is also important to support businesses in the decision to still require masks in their
stores. Individual employees may be nervous about having people present in a business without a mask,
or could not be fully vaccinating themselves,or have a medical condition that makes them at high risk for
COVID-19 complications. People in the service industry have suffered significant stress due to risks put
on them during this pandemic and support from all forms of government is reasonable.
Public transportation, homeless shelters, medical facilities and prisons should continue to require masks
of all present as per the CDC guidelines.
Please keep in mind, the impending legislation about vaccine passports may have a real impact on
whether businesses can ask about vaccine status so legal input(the BOH expects to get some)will be
needed.
A final thought--the CDC guidelines DO NOT say it is OK for children in school to go without a mask. The
teachers can go without a mask if they have been vaccinated(but I do not think they should as modeling
good behaviour for their students is important). Many schools are jumping on the band-wagon to stop
masks in school and I do not feel that should be supported in our schools. I expect the CDC to come out
with mask guidelines for schools soon.
Iowa State University
From: Baldwin, Erin R [AVPHS] <baldwine@iastate.edu>
Sent: Monday, May 17, 2021 8:14 AM
To: Schildroth, Deb<deb.schildroth@cityofames.org>
Cc: Vanderheyden, Brian B [WLNSS] <brianvl@iastate.edu>; Newton, Michael R [P SAF]
<mrnewton@iastate.edu>; Oliver, Clayton A [EHS] <coliver@iastate.edu>
Subject: RE: City of Ames Face Covering Ordinance - Expires June 30 2021 - INPUT REQUESTED ASAP
[External Email]
Hi Deb,
Happy Monday. Clayton forwarded me your email and I said I would be happy to respond. We are
finalizing a campus memo that will communicate how ISU plans to implement the new CDC guidance.
Either Clayton or I will be happy to forward to the memo when it is complete, and I'm hopeful it will
happen today or tomorrow morning so it can be helpful as the Council holds their special meeting. We
will be back in touch as soon as we have a document to share.
Thanks much,
Erin
McFarland Clinic
From: Roger Kluesner<rkluesner@mcfarlandclinic.com>
Sent: Monday, May 17, 20218:44 AM
To: Schildroth, Deb<deb.schildroth@cityofames.org>
Subject: Re: City of Ames Face Covering Ordinance- Expires June 30 2021 - INPUT REQUESTED ASAP
[External Email]
Deb,
The CDC explicitly excludes health care facilities from their 5/16 recommendation. McFarland Clinic will
continue to require masking for staff, patients, and visitors in all of our facilities.We do see patients who
are immunocom promised and/or cannot receive the vaccine therefore we will continue the masking
policy to maximize safety for all our staff/patients/visitors. We will continue to closely monitor the
CDC's guidance as our communities move from a mask mandate as a public health measure to a mask
recommendation as part of an individual risk assessment.
Roger K
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Item No. 2a
CITY OF MEMO
Ames Legal Department
Caring People•Quality Programs•Exceptional Service
To: Mayor Haila and Ames City Council
From: Mark O. Lambert, City Attorney
Date: May 17, 2021
Subject: Face-covering mandate ordinance
This memo is in two parts: A) Responding to the motion made at the May 11,
2021 Council meeting for a memo on the interplay between the Story County
face-covering mandate and the City of Ames if the City's face-covering
ordinance expires or is repealed; and B) Regarding the options for the future of
the face-coverings ordinance.
A. Interplay of Story County and City of Ames face-covering mandates.
Article III, Sec. 39A of the Iowa Constitution (the "Counties Home Rule" section)
states:
If the power or authority of a county conflicts with the power and
authority of a municipal corporation, the power and authority
exercised by a municipal corporation shall prevail within its
jurisdiction.
This provision makes clear that a city ordinance prevails over a county
ordinance on the same topic. Also, the "power and authority" of the county
government or municipal government is not limited to only ordinances.
Story County has a face coverings policy that is generally similar to the City of
Ames ordinance. The County mask mandate is actually a Story County Board
of Health regulation, which has to be (and has been) approved by the Board of
Legal Department 515.239.5146 main 515 Clark Ave.
515.239.5142 fax Ames,IA 50010
www.CityofAmes.org
Supervisors and per the Iowa Code.' The Ames ordinance is found at Section
17.37 of the Ames Municipal Code.
Because of the Iowa Constitution's provision above, we know that the Story
County regulation currently is not effective within the corporate municipal
boundaries of Ames, since the City has its own face-covering ordinance.
The Story County face-covering regulation does not have an expiration date. It
will have to be repealed by action of the Board of Supervisors in order to
eliminate the county face-covering mandate.
The City's ordinance is written to sunset on June 30, 2021. At that point, it will
no longer be in effect. With the newly-issued CDC guidance, there's a
possibility that the ordinance could be repealed earlier.
Because the County Board of Health regulation is still in effect, once the City's
face-covering ordinance is no longer in effect, the county regulation will become
effective in Ames, unless the Council takes some action.
Power and authority may be exercised by a city council by ordinance,
resolution, or motion2. The Council has the authority to reject the
implementation of the Story County mask mandate in Ames. But in order to do
so, merely repealing the City's ordinance or allowing it to sunset/expire, would
not accomplish this goal. The City Council must take an affirmative step of
some sort. A resolution passed by the City Council saying that it is the policy
of the Ames City Council that the Story County face-face-covering mandate will
not be in effect within the City would establish that the Story County regulation
would not be effective within Ames. I have consulted with the Story County
Attorney's office, and that office is in agreement that such a resolution would
result in the Story County Board of Health regulation not being in effect within
1 Iowa Code section 137.104
2 "A city council shall exercise a power only by the passage of a motion, a resolution,
an amendment, or an ordinance." Iowa Code section 364.3(1).
Ames. If the Council desires to establish such a policy by resolution, I would
suggest that it be done at the last meeting held before the ordinance expires on
June 30, or if the ordinance is repealed earlier, at the same meeting where the
ordinance is repealed.
In summary:
1. If the Ames face-covering ordinance expires or is repealed before the
sunset date, the Story County Board of Health face-covering regulation
will become effective within the city limits of Ames.
2. If the Council wishes not to have the Story County Board of Health
regulation become effective within Ames, the Council has the legal ability
to do that, via a resolution establishing that Story County's face-covering
mandate will not be in effect within the corporate boundaries of Ames.
B) Options regarding the City of Ames Face-Covering ordinance.
As a response to the global COVID-19 pandemic, the Ames City Council
adopted a face-covering mandate ordinance on September 1, 2020. The
ordinance became effective on September 4, 2020 and is codified at Section
17.37 of the Ames Municipal Code. The original expiration date was
December 31, 2020, but at its final meeting in December 2020, the Council
amended the ordinance with a new sunset date, June 30, 2021.
On Friday, May 14, 2021, the federal Centers for Disease Control (CDC) issued
new guidelines regarding the wearing of masks or face-coverings for those fully
vaccinated. Though there are many subtleties to the CDC guidance, this
summary paragraph from the CDC encapsulates the main message of the new
guidance: "Fully vaccinated people can resume activities without wearing a
mask or physically distancing, except where required by federal, state, local,
tribal or territorial laws, rules, and regulations, including local business and
workplace guidance." See: https://www.cdc.gov/coronavirus/2019-
ncov/vaccines/fully-vaccinated-guidance.html
In response to news coverage of the new CDC guidance, the Council and City
staff have received communications from citizens and businesses in Ames
asking about, or offering an opinion on, the City's face-covering mandate now
that the CDC has changed its guidance.
The City's face-covering ordinance is set to expire after June 30, 2021. If the
Council desires to extend the ordinance, it would have to amend the ordinance
to do so before June 30, which could be done in time with the first reading
taking place on May 25, 2021. The Council can tale no action, and simply allow
the sunset clause to make the ordinance expire after June 30. The Council
could repeal the ordinance through the standard three readings at three
different City Council meetings. That would involve first reading of an
ordinance repealing the face-covering ordinance at the May 25, 2021 Council
meeting; second reading would be at the June 8, 2021 Council meeting, with
third & final reading at the June 22, 2021 Council meeting. The repeal would
become effective on Friday, June 25, 2021. If the Council desires to repeal the
ordinance and to do so more quickly, the Council could schedule the first
reading on May 25, 2021 and then suspend the rules requiring three separate
readings at three separate Council meetings, as permitted by the Code of Iowa,
thereby adopting the repeal in one meeting. This would make the repeal
effective on May 28, 2021. Another option would be to amend the ordinance in
some fashion, rather than repealing it or allowing it to expire.
ALTERNATIVES:
1. The Council can take no action, and the ordinance will expire and
become null and void after June 30, 2021.
2. The Council can direct the City Attorney's office to draft an ordinance
repealing the face-covering mandate ordinance, with the first reading at
May 25, 2021 Council meeting.
3. The Council can direct the City Attorney's office to draft an ordinance
repealing the face-covering mandate ordinance, with the first reading at
the May 25, 2021 Council meeting, along with an agenda sub-item to
consider a Motion to Suspend the Rules, which would allow the repealing
ordinance to be adopted on May 25, 2021.
4. The Council can direct the City Attorney's office to draft an ordinance
amending the face-covering ordinance in ways the Council has
determined, and extending the sunset date if so desired, to be
considered for first reading at the May 25, 2021 Council meeting.
5. The Council can direct the City Attorney's office to draft an ordinance
amending the face-covering mandate ordinance by extending the sunset
date to some date beyond June 30, 2021.
ALTERNATIVES REGARDING THE STORY COUNTY BOARD OF HEALTH
REGULATION:
1. The Council can take no action and allow the Story County Board of
Health regulation to become effective within the City of Ames upon the
expiration or repeal of the Ames face-covering ordinance.
2. The Council can direct staff to place a Resolution on the agenda for the
meeting at which the ordinance is being repealed, or at the last meeting
before the ordinance expires, stating that it is the policy of the City of
Ames that the Story County Board of Health regulation is not effective
within the corporate limits of the city.
ORDINANCE NO.4420
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF
THE CITY OF AMES, IOWA, BY ENACTING A NEW
SECTION 17.37 THEREOF, FOR THE PURPOSE OF FACE
COVERING REQUIREMENT REPEALING ANY AND ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
TO THE EXTENT OF SUCH CONFLICT; AND
ESTABLISHING AN EFFECTIVE DATE.
BE IT ENACTED,by the City Council for the City of Ames, Iowa,that:
Section One. The Municipal Code of the City of Ames,Iowa shall be and the same is hereby
amended by enacting a new Section 17.37 as follows:
"Sec. 17. 37 FACE COVERING REQUIREMENT:
PREAMBLE: This ordinance is being adopted in response to a worldwide pandemic of
the novel coronavirus which causes COVID-19. The virus has been spreading locally in
Story County, the City of Ames, and on the Iowa State University campus. The U.S.
Centers for Disease Control, Iowa Department of Public Health, Story County Board of
Health, and Mary Greeley Medical Center have all encouraged people to wear face
coverings as a method to slow or prevent transmission of the virus. This ordinance is
being adopted pursuant to the Municipal Home Rule Authority as stated in Article III,
Section 38A of the Iowa Constitution and Iowa Code section 364.1. It is the intent and
belief of the Ames City Council that this ordinance does not conflict with provisions of
the Governor of Iowa's Public Health Disaster Emergency Proclamation regarding
COVID-19 which is currently in effect.
(1) Every person in the City of Ames three (3) years of age or older must wear a
face covering that completely covers the person's nose and mouth under the following
circumstances:
a. Outside whenever the person cannot stay at least six (6) feet away from
others not in the person's household;
b. Inside any indoor setting or establishment where the public is invited in,
including, but not limited to:
i. Grocery, retail, and hardware stores, gas stations and
convenience stores, fitness centers, pharmacies, any other indoor public setting when
with persons who do not live in the person's household, and other public settings that are
not the person's place of residence. A childcare facility is not considered a public setting
or a facility where the public is invited in.
(2) A person is not required to wear a face covering at the following places or
times:
a. While traveling in a personal vehicle alone or with household members.
b. While a person is in the person's household or the household's yard, or
in another person's household.
c. While outside, where at least six (6) feet of physical separation from
others can be maintained.
d. While at a person's place of employment where at least six (6) feet of
physical separation from others can be maintained.
e. While exercising at moderate or high intensity, such as jogging or
biking or while engaging in or practicing for sporting activities.
f. While seated inside or outside at a food establishment in the process of
eating or drinking.
g. While seated inside or outside at a bar in the process of eating or
drinking.
h. While obtaining a service that would require temporary removal of the
person's face covering.
i. When federal or state law prohibits wearing a face covering or requires
the removal of the face covering.
(3) The following persons are exempt from wearing a face covering:
a. Persons younger than three (3)years of age.
b. Anyone who has a medical condition causing difficulty of breathing or
is on oxygen therapy or a ventilator.
c. Anyone who is unconscious, incapacitated, or otherwise unable to
remove the face covering without assistance.
d. Anyone who has been advised by a medical or behavioral health
professional not to wear face coverings.
e. Anyone actively engaged in a public safety role, including but not
limited to law enforcement, firefighters, or emergency medical personnel, although a face
covering should be worn if possible.
(4) Compliance with this ordinance shall be obtained through education and
encouragement only. There is no penalty for a violation of this ordinance.
SUNSET CLAUSE: This ordinance expires and becomes null and void after December
31, 2020, unless the date in this clause is amended or the ordinance is sooner repealed."
Section Two. All ordinances,or parts of ordinances, in conflict herewith are hereby repealed to the
extent of such conflict, if any.
Section Three. This ordinance shall be in full force and effect from and after its passage and
publication as required by law.
Passed this I"day of September,2020.
V
Diane R.Voss,City Clerk John A. Haila,Mayor
Attachment 2
Interim Public Health Recommendations
From CDC For Fully Vaccinated People
Fully vaccinated people can:
• Resume activities without wearing masks or physically distancing, except
where required by federal, state, local, tribal, or territorial laws, rules and
regulations, including local business and workplace guidance
• Resume domestic travel and refrain from testing before or after travel or
self-quarantine after travel
• Refrain from testing before leaving the United States for international
travel (unless required by the destination) and refrain from self-quarantine
after arriving back in the United States
• Refrain from testing following a known exposure, if asymptomatic, with
some exceptions for specific settings
• Refrain from quarantine following a known exposure if asymptomatic
• Refrain from routine screening testing if feasible
Item No. 2b
Afllhk, CITY OF_
IV
Ames MEMO
Caring People•Quality Programs•Exceptional Service
To: Mayor and City Council
From: Deb Schildroth, Assistant City Manager
Date: May 17, 2021
Subject: Local Partners Input on Face Covering Ordinance
City Council implemented a face covering ordinance on September 4, 2020 as a public
health measure to help reduce the spread of COVID-19. The ordinance was set to expire
on December 31, 2020. On November 24, 2020, Council incorporated input solicited
from local partners and medical advisors as part of the review in determining the
extension of the face covering ordinance. The local partners and medical advisors
included Story County Board of Health, Iowa State University, McFarland Clinic, and
Mary Greeley Medical Center. All four organizations responded in support of
continuing the face covering ordinance, and Council voted to extend the sunset date of
the ordinance to June 30, 2021.
At the May 10, 2021 City Council meeting, Council directed staff to collect feedback
from those same four local partners and medical advisors in preparation of revisiting the
face covering ordinance. A couple of days following the Council meeting, CDC
announced new guidance pertaining to face coverings. The guidance states that fully
vaccinated people can resume activities without wearing a face covering or physically
distancing, except where required by federal, state, local rules including local business
and workplace guidance (i.e. healthcare settings, public transportation, prisons, and
homeless shelters). The question asked in the solicitation of feedback from Story
County Board of Health, Iowa State University, McFarland Clinic, and Mary Greeley
Medical Center, was what input or concerns does each entity have if the face covering
ordinance is allowed to sunset and not be extended. The general theme from the
responses was to follow CDC guidelines.
It's important to note that if action is taken to repeal the ordinance, then any face
covering requirements that may continue in schools, businesses, stores, etc. is at the
discretion of those entities.
City Manager's Office 515.239.5101 main 515 Clark Ave.
515.239.5142 fax Ames,IA 50010
www.CitityofAmeAmes.org
Additionally, the City's transit service, CyRide, will need to continue wearing face
coverings due to the federal directive they are currently required to follow. This
directive also applies to riders on the buses.
Because CDC guidelines can change quickly, Council may want to consider a motion
supporting the continued monitoring of the CDC guidelines and information on
positivity rate, hospitalizations, and vaccinations from our medical advisors in Story
County.
Please find attached to this memo the responses from the local partners and medical
advisors.
Mary Greeley Medical Center
From: Dieter, Brian <dieter@mgmc.com>
Sent: Monday, May 17, 2021 8:44 AM
To: Schildroth, Deb<deb.schildroth@cityofames.org>
Cc: Deardorff,Amber<deardorff@MGMC.COM>
Subject: Re: City of Ames Face Covering Ordinance- Expires June 30 2021 - INPUT REQUESTED ASAP
[External Email]
We are supportive of following as closely as possible the CDC guidance. We are also cognizant of the
difficulty of having a mask mandate for those not vaccinated-that said, mandate currently in place
should be allowed to lapse-
Brian Dieter
Chair, Story County Board of Health
From:John Paschen<jpaschen@mcfarlandclinic.com>
Sent:Sunday, May 16, 2021 1:34 PM
To: Schildroth, Deb<deb.schildroth@cityofames.org>
Subject: Re: City of Ames Face Covering Ordinance- Expires June 30 2021 - INPUT REQUESTED ASAP
[External Email]
Deb, I would be more than happy to give you my thoughts. The world has certainly changed considering
COVID-19 over the past 48 hours and it seems we are all trying to catch up. I expect more changes
come out as the weeks go on. I will tell you the BOH will meet this week to discuss our own mask
mandate and how to handle that.
However, here are my current thoughts: It is important to know the CDC guidelines,though quite game
changing, ONLY apply to adults that have been fully vaccinated(though you could easily include
teenagers that have been fully vaccinated for COVID).A consideration the city council may consider is
recommending to businesses they allow people to be present without a mask if they report themselves
as being completely vaccinated. I think they can ask but, with the governors impending legislation that
we all expect her to sign, I do not think they should require proof.
I feel it is also important to support businesses in the decision to still require masks in their
stores. Individual employees may be nervous about having people present in a business without a mask,
or could not be fully vaccinating themselves,or have a medical condition that makes them at high risk for
COVID-19 complications. People in the service industry have suffered significant stress due to risks put
on them during this pandemic and support from all forms of government is reasonable.
Public transportation, homeless shelters, medical facilities and prisons should continue to require masks
of all present as per the CDC guidelines.
Please keep in mind, the impending legislation about vaccine passports may have a real impact on
whether businesses can ask about vaccine status so legal input(the BOH expects to get some)will be
needed.
A final thought--the CDC guidelines DO NOT say it is OK for children in school to go without a mask. The
teachers can go without a mask if they have been vaccinated(but I do not think they should as modeling
good behaviour for their students is important). Many schools are jumping on the band-wagon to stop
masks in school and I do not feel that should be supported in our schools. I expect the CDC to come out
with mask guidelines for schools soon.
Iowa State University
From: Baldwin, Erin R [AVPHS] <baldwine@iastate.edu>
Sent: Monday, May 17, 2021 8:14 AM
To: Schildroth, Deb<deb.schildroth@cityofames.org>
Cc: Vanderheyden, Brian B [WLNSS] <brianvl@iastate.edu>; Newton, Michael R [P SAF]
<mrnewton@iastate.edu>; Oliver, Clayton A [EHS] <coliver@iastate.edu>
Subject: RE: City of Ames Face Covering Ordinance - Expires June 30 2021 - INPUT REQUESTED ASAP
[External Email]
Hi Deb,
Happy Monday. Clayton forwarded me your email and I said I would be happy to respond. We are
finalizing a campus memo that will communicate how ISU plans to implement the new CDC guidance.
Either Clayton or I will be happy to forward to the memo when it is complete, and I'm hopeful it will
happen today or tomorrow morning so it can be helpful as the Council holds their special meeting. We
will be back in touch as soon as we have a document to share.
Thanks much,
Erin
McFarland Clinic
From: Roger Kluesner<rkluesner@mcfarlandclinic.com>
Sent: Monday, May 17, 20218:44 AM
To: Schildroth, Deb<deb.schildroth@cityofames.org>
Subject: Re: City of Ames Face Covering Ordinance- Expires June 30 2021 - INPUT REQUESTED ASAP
[External Email]
Deb,
The CDC explicitly excludes health care facilities from their 5/16 recommendation. McFarland Clinic will
continue to require masking for staff, patients, and visitors in all of our facilities.We do see patients who
are immunocom promised and/or cannot receive the vaccine therefore we will continue the masking
policy to maximize safety for all our staff/patients/visitors. We will continue to closely monitor the
CDC's guidance as our communities move from a mask mandate as a public health measure to a mask
recommendation as part of an individual risk assessment.
Roger K
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