HomeMy WebLinkAbout~Master - September 1, 2020, Special Meeting of the Ames City CouncilAGENDA
SPECIAL MEETING OF THE AMES CITY COUNCIL
COUNCIL CHAMBERS - CITY HALL, 515 CLARK AVENUE*
SEPTEMBER 1, 2020
*DUE TO THE COVID-19 PANDEMIC, THE SPECIAL MEETING OF THE AMES CITY
COUNCIL WILL BE CONDUCTED AS AN ELECTRONIC MEETING. IF YOU WISH
TO PROVIDE INPUT ON ANY ITEM, YOU MAY DO SO AS A VIDEO PARTICIPANT
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NOTICE TO THE PUBLIC: The Mayor and City Council welcome comments from the public
during discussion. If you wish to speak, please see the instructions listed above. The normal
process on any particular agenda item is that the motion is placed on the floor, input is received
from the audience, the Council is given an opportunity to comment on the issue or respond to the
audience concerns, and the vote is taken. On ordinances, there is time provided for public input at
the time of the first reading.
CALL TO ORDER: 6:00 p.m.
PUBLIC FORUM: This is a time set aside for comments from the public on topics of City
business other than those listed on this Agenda. Please understand that the Council will not take
any action on your comments at this meeting due to requirements of the Open Meetings Law, but
may do so at a future meeting. The Mayor and City Council welcome comments from the public;
however, at no time is it appropriate to use profane, obscene, or slanderous language. The Mayor
may limit each speaker to three minutes.
ORDINANCE:
1. First reading of Mandatory Face-Covering Ordinance
DISPOSITION OF COMMUNICATIONS TO COUNCIL:
COUNCIL COMMENTS:
ADJOURNMENT:
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MEMO
To: Mayor and Ames City Council
From: Steven L. Schainker, City Manager
Date: August 28, 2020
Subject: Special Meeting on September 1, 2020, for First Reading of
Mandatory Face-Covering Ordinance
The Mayor has asked that we schedule a special City Council meeting on
Tuesday, September 1, 2020, at 6:00 p.m. to consider approval on first
reading of the proposed mandatory face covering ordinance.
While the Mayor previously announced that the City Council would not be
voting on such an ordinance until your September 8, 2020, meeting, he
believes the following information that has come to light recently warrants
accelerating action on this ordinance to protect the health and safety of
our residents. First, according to the Iowa Department of Public Health’s
website, this past Wednesday’s and Thursday’s positive case numbers in
Story County are two and a half times higher than the highest reported
test numbers since the onset of testing in March. In addition, the 14-day
average of positive test cases is currently 14.4%, which is a significant
increase over what it has been the past month and half. Second, the
Governor’s recent action to temporarily close the bars in Story County will
no doubt cause an immediate increase in large off-campus gatherings in
areas that are not adequate to accommodate proper social distancing.
As is the case for all first readings, the public will be allowed to provide
input into the ordinance at the September 1st meeting. Because of the
urgency of this issue, the City Council could vote to suspend the rules and
pass the proposed ordinance on second and third readings on this night
as well. This action would require five affirmative votes.
ORDINANCE NO.
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;
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 May 31,
2021, 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 day of , .
_____________________________________________________________________________
Diane R. Voss, City Clerk John A. Haila, Mayor