AGENDA (Revised 4/20/20) City Council Meeting Tuesday, April 21, 2020 at 7:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104 This meeting can be viewed live on CityLink or online at www.siouxfalls.org/live and www.siouxfalls.org/council/view-meetings CALL TO ORDER 1. MEETING ROLL CALL Council Member Curt Soehl Council Member Pat Starr Council Member Theresa Stehly Council Member Janet Brekke Council Member Christine M. Erickson Council Member Rick Kiley Council Member Greg Neitzert Council Member Marshall Selberg Mayor Paul Ten Haken 2. INVOCATION  Pastor Kirk Flaa, Abiding Savior Free Lutheran Church 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA 5. APPROVAL OF MINUTES  City Council Meeting of Wednesday, April 15, 2020 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated April 17, 2020. 7. Notice of change orders on the memorandum dated April 17, 2020. 8. Sioux Area Metro. Report of Requests for Quotes for Fuel dated: April 03, 2020; 9,000 Gallons of #2 Clear Diesel; Parkland USA/SPF Energy Inc./Farstad Oil, #2 Clear Diesel 1 ($1.355); Harms Oil, #2 Clear Diesel ($1.355); Howes Oil ($1.505); CHS, Inc., Petroleum Traders, and Midwest Oil, all no bids. Bid awarded to: Parkland USA/SPF Energy/Farstad Oil. (Parkland USA/Farstad Oil bid came in at 8:07a.m. and Harms Oil came in at 8:33 a.m.). 9. Report of Requests for Quotes for Fuel dated: April 8, 2010; 900 Gallons of #2 Dyed Diesel; Midway Service ($1.22); Howes Oil ($1.214); CHS, Inc., Stern Oil, Farstad Oil, M.G. Oil, Cole’s Petroleum, Harms Oil and Olson Oil, all no bid. Bid awarded to: Howes Oil. 10. Report of Requests for Quotes for Fuel dated: April 13, 2020; Unleaded (3,000 Gallons) Dyed Diesel #2 (5,000 Gallons); Cole Petroleum (Unleaded $.6393 and Dyed Diesel #2 $1.0847); Harms Oil (Unleaded $.6676 and Dyed Diesel #2 $1.1075); Parkland Oil (Unleaded $.651 and Dyed Diesel #2 $1.102);, CSH, Olson Oil and Howes Oil, all no bid. Bid awarded to: Coles Petroleum. APPLICATIONS 11. Amend a Special One-Day Malt Beverage License, originally approved on March 3, 2020, for Presentation Sisters to be operated at Falls Park, 305 East Falls Park Drive, for a Cinco de Mayo fiesta on May 9, 2020, by changing the date of the event to May 8, 2021. 12. Amend a Special One-Day Liquor License, originally approved on September 17, 2019, for Washington Pavilion Management Inc., to be operated at the Orpheum Theatre, 315 North Phillips Avenue, for special event on May 23, 2020, by changing the date of the event to May 22, 2021. 13. Withdraw Special One-Day Liquor Licenses for Washington Pavilion Management Inc., 301 South Main Avenue, for special events on March19, 21, 31, April 1, 25, and May 30, 2020. The City Council concurs with the Lincoln County Commission's recommendation for approval of the following abatements: 14. Avera McKennan Behavioral Health, 4400 W. 69th Street, Parcel #281.19.00.001, for 2019 property taxes in the amount of $58.23. Reason: The property is exempt from the tax. 15. Interstate Crossing Development Corp., 8965 Ellis Road, Parcel #280.55.00.100, for 2019 property taxes in the amount of $194.50. Reason: The property is exempt from the tax. NOTICE OF HEARINGS 16. Set a date of hearing for Wednesday, May 6, 2020. New 2020-21 Retail Malt Beverage/SD Farm Wine License for Golden Coin Casino, 405 North Kiwanis Avenue, with conditional use permit (11735-2020) being approved on April 1, 2020. 2 17. Set a date of hearing for Wednesday, May 6, 2020. Request to include video lottery terminals with the New 2020-21 Retail Malt Beverage/SD Farm Wine License for Golden Coin Casino, 405 North Kiwanis Avenue, with Conditional Use Permit (11735-2020) being approved on April 1, 2020. 18. Set a date of hearing for Wednesday, May 6, 2020. Transfer of 2020 Retail Liquor License from Pancakes and More Inc, Original Pancake House, 2713 West 41st Street, to New Ritual LLC, The Hello Hi, 120 South Phillips Avenue (CUP not required). 19. Set a date of hearing for Wednesday, May 6, 2020. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Downtown Sioux Falls to be operated at Phases 1 & 2 of Downtown Riverfront (from 6th Street to south of 8th Street) including Raven Industries riverfront & parking lot located at 205 East 6th Street, to include the grassy area between Phase 1 River Greenway and the Cherapa Place parking lot, north to 6th Street and South to Cherapa Place, for Riverfest on August 15, 2020. 20. Set a date of hearing for Wednesday, May 6, 2020. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Downtown Sioux Falls to be operated at 8th & Railroad Center parking lot, 401 East 8th Street, for East Bank Block Parties on July 3, August 7, and September 4, 2020. REGULAR AGENDA 21. APPROVAL OF THE REGULAR AGENDA 22. PUBLIC INPUT UNFINISHED BUSINESS 23. New 2020 Retail Wine & Cider License and 2019-20 Retail Malt Beverage/SD Farm Wine License for McNally’s Irish Pub, 6211 Old Village Place. 24. New 2019-20 Retail Malt Beverage/SD Farm Wine License for Eastway Sports Lounge & Grill, 3201 East 10th Street. 25. New 2019-20 Retail Malt Beverage/SD Farm Wine License for The Thirsty Duck, 945 South Marion Road, Suite 101. 26. New 2020 Retail Wine & Cider License and 2019-20 Retail Malt Beverage/SD Farm Wine License for Expedition League Inc., 1401 West 33rd Street. 27. New 2020 Retail Wine & Cider License and 2019-20 Retail Malt Beverage/SD Farm Wine License for Shop N Cart North, 1029 North Minnesota Avenue. Pending permit issuance and final inspections per Building Services. 28. Request to include video lottery terminals with the New 2019-20 Retail Malt Beverage/SD Farm Wine License for Shop N Cart North, 1029 North Minnesota Avenue. Pending permit issuance and final inspections per Building Services. 3 29. New 2020 Retail Wine & Cider License and 2019-20 Retail Malt Beverage/SD Farm Wine License for Shop N Cart Northeast, 2701 East Sixth Street. Pending permit issuance and final inspections per Building Services. 30. Request to include video lottery terminals with the New 2019-20 Retail Malt Beverage/SD Farm Wine License for Shop N Cart Northeast, 2701 East Sixth Street. Pending permit issuance and final inspections per Building Services. 31. Transfer of 2020 Package Liquor License from 69th Street Looks Market LLC, 500 East 69th Street, to 69th Street Looks Market LLC, 6213 Old Village Place. 32. Transfer of 2020 Retail Liquor License and 2019-20 Retail Malt Beverage/SD Farm Wine License from Granite City Restaurant Operations Inc, 2620 South Louise Avenue, to Granite City Inc., Granite City Food & Brewery, 2620 South Louise Avenue (CUP not required). 33. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Sioux Falls Sister Cities to be operated at Avera IT parking lot, 230 South Phillips Avenue, 200 S 2nd Avenue (South Second Avenue between East 10th Street and South Third Avenue), for Germanfest on September 12, 2020. 34. New 20190-20 Retail Malt Beverage/SD Farm Wine License for Mackenzie River Pizza, 234 South Main Avenue. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 35. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, ESTABLISHING A “STAY AT HOME” ORDER FOR THE CITY OF SIOUX FALLS FOR CONTAINMENT OF THE COVID-19 PANDEMIC. (This item is expected to be withdrawn from consideration) 36. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, EXTENDING THE EFFECTIVE DATE OF ORDINANCE NO. 29-20 ADOPTING THE SIOUX FALLS BOARD OF HEALTH SECOND AMENDED AND RESTATED REGULATIONS PERTAINING TO THE NOVEL CORONAVIRUS (COVID-19). 37. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 30: CITY COUNCIL; SUBCHAPTER PRESIDING OFFICER; DUTIES. 38. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, SETTING THE POSTPONED JOINT CITY OF SIOUX FALLS/SIOUX FALLS SCHOOL DISTRICT ELECTION DATE FOR TUESDAY, JUNE 2, 2020, AND AUTHORIZING A JOINT ELECTION WITH MINNEHAHA AND LINCOLN COUNTIES. ORDINANCE FIRST READINGS 4 39. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 5605 S. WESTWIND AVE. FROM THE RS SINGLEFAMILY RESIDENTIAL—SUBURBAN DISTRICT(S) TO THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT, NO. 11816-2020, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Recommendation: Set a date of 2nd Reading for Wednesday, May 6, 2020. 40. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 411 W. 12TH ST. FROM THE RT-2 TOWNHOME RESIDENTIAL—TRADITIONAL DISTRICT TO THE C-2 COMMERCIAL— NEIGHBORHOOD AND STREETCAR DISTRICT, NO. 11784-2020, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission recommends approval (4-0). Recommendation: Set a date of 2nd Reading for Wednesday, May 6, 2020. HEARINGS AND RESOLUTIONS 41. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, RESCHEDULING THE BUSINESS OF THE CITY FROM THE SCHEDULED CITY COUNCIL MEETING FOR TUESDAY, JUNE 2, 2020, TO WEDNESDAY, JUNE 3, 2020. 42. A RESOLUTION DECLARING CERTAIN EQUIPMENT OF THE CITY SURPLUS AND AUTHORIZING THE GIFTING THEREOF TO MINNEHAHA COUNTY EMERGENCY MANAGEMENT. 43. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. REPORT OF OFFICERS/BOARDS/COMMITTEES/TRANSFERS OF UNENCUMBERED APPROPRIATION BALANCES AMONG PROGRAMS WITHIN A DEPARTMENT OR ORGANIZATIONAL UNIT AS PROVIDED IN THE SIOUX FALLS CITY CHARTER SECTION 5.07(d) 44. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED April 17, 2020. NEW BUSINESS ITEMS ADDED AFTER AGENDA DEADLINE 45. A RESOLUTION URGING THE SIOUX FALLS COMMUNITY TO FOLLOW SAFER AT HOME PRACTICES IN THEIR HOMES, BUSINESSES, AND DAILY LIFE. ADJOURNMENT The City Council may include such other business as may come before this body. 5 UPON REQUEST, ACCOMMODATIONS FOR MEETINGS WILL BE PROVIDED FOR PERSONS WITH DISABILITIES. PLEASE CONTACT THE CITY CLERK’S OFFICE AT (605) 367-8080 (VOICE) OR (605) 367-7039 (TDD) TWO (2) BUSINESS DAYS IN ADVANCE OF THE MEETING. WHEN THE CITY COUNCIL WILL ACT AS A DECISION-MAKER ON AN UPCOMING MATTER INVOLVING A LICENSE OR A PERMIT, PERSONS ARE ENCOURAGED TO PROVIDE WRITTEN COMMENTS TO THE ENTIRE CITY COUNCIL OR TO PROVIDE ORAL COMMENT AT THE PUBLIC MEETING WHEN THAT ITEM IS CONSIDERED BY THE ENTIRE CITY COUNCIL. THOSE WHO PROVIDE COMMENTS IN ANY MANNER SHOULD UNDERSTAND THAT THEIR COMMENTS MAY BECOME PART OF THE OFFICIAL RECORD AND SUBJECT TO REVIEW BY ALL PARTIES AND THE PUBLIC. FOR REGULAR MEETINGS, PUBLIC INPUT IS TAKEN BOTH GENERALLY AND FOR ANY ITEM ON THE REGULAR AGENDA. DURING THE “GENERAL PUBLIC INPUT” PORTION OF THE MEETING, INPUT SHALL LAST NO MORE THAN THREE MINUTES PER PERSON AND, IN TOTAL, SHALL LAST NO MORE THAN 30 MINUTES. DURING THIS PORTION OF THE MEETING, PERSONS MAY NOT ADDRESS ANY ITEM APPEARING ON THE REGULAR AGENDA. PERSONS PROVIDING INPUT FOR ANY ITEM ON THE REGULAR AGENDA ARE LIMITED TO THREE MINUTES, UNLESS THE ITEM IS BEING PRESENTED FOR FINAL ADOPTION, IN WHICH CASE PUBLIC INPUT IS LIMITED TO FIVE MINUTES. FOR ALL REGULAR AGENDA ITEMS, COMMENTS ARE LIMITED TO THE AGENDA ITEM UNDER CONSIDERATION ONLY. PER COUNCIL POLICY, DURING A SPECIAL MEETING OF THE CITY COUNCIL, PUBLIC INPUT WILL ONLY BE ALLOWED FOR THE AGENDA ITEM AFTER THE STAFF PRESENTATION, BUT BEFORE CITY COUNCIL DISCUSSION AND VOTING. EACH SPEAKER WILL BE ALLOWED UP TO FIVE MINUTES. MEETINGS ARE BROADCAST LIVE AND RECORDED. GO TO WWW.SIOUXFALLS.ORG FOR MORE INFORMATION. 6 City Council Meeting of Wednesday, April 15, 2020 MINUTES City Council Meeting Wednesday, April 15, 2020 at 7:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104 CALL TO ORDER 1. MEETING ROLL CALL Present: Council Member Marshall Selberg, Council Member Curt Soehl (via telecon), Council Member Pat Starr, Council Member Theresa Stehly, Council Member Janet Brekke (via telecon), Council Member Christine M. Erickson, Council Member Rick Kiley (via telecon), Council Member Greg Neitzert, Mayor Paul TenHaken Absent: None 2. INVOCATION • Tom Rooney, Direct Line Prayer Center Director The invocation was provided by telecon. 3. PLEDGE OF ALLEGIANCE CONSENT AGENDA 4. APPROVAL OF THE CONSENT AGENDA A motion was made by Council Member Erickson and seconded by Council Member Neitzert to approve the Consent Agenda. Roll call vote to approve. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. 5. APPROVAL OF MINUTES • Informational Meeting of Tuesday, April 7, 2020 • City Council Meeting of Tuesday, April 7, 2020 COMMUNICATIONS 6. Approval of contracts/agreements on the memorandum dated April 10, 2020. 7 Page 1 of 9 7. Notice of change orders on the memorandum dated April 10, 2020. 8. Report of Requests for Quotes for Fuel dated: April 2, 2020; Dyed Diesel Clear #2 (15,000 Gallons); Coles Petroleum (Dyed Diesel #2 $1.0277); Harms Oil (Dyed Diesel #2 $1.0295); CHS Oil, Olson Oil, Vollan, Parkland, and Howes Oil, all no bid. Bid awarded to: Coles Petroleum. 9. Report of Requests for Quotes for Fuel dated: April 6, 2020; Unleaded (8,500 Gallons); Coles Petroleum (Unleaded $.6895); Harms Oil (Unleaded $.6988); Parkland (Unleaded $.710); Vollan Oil (Unleaded $.7345); CHS, no bid. Bid awarded to: Coles Petroleum. 10. Approval of a request from Mallory Shoemaker to consume, but not sell, champagne and wine at the Old Courthouse Museum, 200 W. 6th St., on June 26, 2021, for the following purpose: a wedding. APPLICATIONS The City Council concurs with the Minnehaha County Commission's recommendation for approval of the following abatements: 11. Centennial Homes, 2304 E. Shelby Pl., Parcel #90554, for 2019 property taxes in the amount of $397.55. Reason: Mobile home was moved out of Minnehaha County at the beginning of 2019. 12. Donna L. Theel, 5415 W. Oakcrest Pl., Parcel #81859, for 2019 property taxes in the amount of $550.31. Reason: Assessment Freeze for the Elderly and Disabled. REGULAR AGENDA 13. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Erickson and seconded by Council Member Kiley to approve the Regular Agenda. Roll call vote to approve. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. 14. PUBLIC INPUT Bruce Danielson spoke about a 3-21 notice he filed regarding a recent executive session. Will Anderson urged the Council to use its powers to provide a moratorium on evictions. Tim Stanga spoke about the need for renters to save money in order to pay rent. 8 Page 2 of 9 Rick Altoff expressed his gratitude to the Council and Mayor for their work, availability of proposed ordinances, and the policy on Parks closures. Steven Siano spoke about the authority of the Council, sovereignty, and federalism. Qadir Aware spoke about the City sending a unified positive message among the units of government. INTRODUCTION AND ADOPTION OF ORDINANCES ORDINANCE SECOND READINGS 15. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REPEALING SUBCHAPTER DISABILITY AWARENESS COMMISSION AND SUBCHAPTER ADA ACCESSIBILITY REVIEW BOARD AND ADDING A NEW SUBCHAPTER DISABILITY AWARENESS AND ACCESSIBILITY REVIEW BOARD TO CHAPTER 98: HUMAN RELATIONS OF THE CODE OF ORDINANCES OF SAID CITY. A motion was made by Council Member Erickson and seconded by Council Member Neitzert to adopt Ordinance No. 40-20. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. 16. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REPEALING SUBCHAPTER AFFORDABLE HOUSING ADVISORY BOARD OF CHAPTER 32: CITY ORGANIZATIONS OF THE CODE OF ORDINANCES OF SAID CITY. A motion was made by Council Member Selberg and seconded by Council Member Kiley to adopt Ordinance No. 41-20. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. ORDINANCE FIRST READINGS 17. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 30: CITY COUNCIL; SUBCHAPTER PRESIDING OFFICER; DUTIES. Recommendation: Set a date of 2nd Reading for Tuesday, April 21, 2020. A motion was made by Council Member Kiley and seconded by Council Member Erickson to set a date of 2nd Reading for Tuesday, April 21, 2020 for Item 17. Roll call vote to set a date of 2nd Reading. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. 18. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, SETTING THE POSTPONED JOINT CITY OF SIOUX FALLS/SIOUX FALLS SCHOOL DISTRICT 9 Page 3 of 9 ELECTION DATE FOR TUESDAY, JUNE 2, 2020, AND AUTHORIZING A JOINT ELECTION WITH MINNEHAHA AND LINCOLN COUNTIES. Recommendation: Set a date of 2nd Reading for Tuesday, April 21, 2020. A motion was made by Council Member Selberg and seconded by Council Member Erickson to set a date of 2nd Reading for Tuesday, April 21, 2020 for Item 18. Roll call vote to set a date of 2nd Reading. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 19. A RESOLUTION VACATING THE EAST 16TH ST. PUBLIC RIGHT-OF-WAY BOUNDED BY SOUTH 9TH AVE. AND LOT 1 HOWES 4TH ADDITION TO THE CITY OF SIOUX FALLS, SD, AS SHOWN ON EXHIBIT A. A motion was made by Council Member Selberg and seconded by Council Member Erickson to adopt Resolution No. 47-20. Roll call vote to adopt. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 47-20 A RESOLUTION VACATING THE EAST 16TH ST. PUBLIC RIGHT-OF-WAY BOUNDED BY SOUTH 9TH AVE. AND LOT 1 HOWES 4TH ADDITION TO THE CITY OF SIOUX FALLS, SD, AS SHOWN ON EXHIBIT A. WHEREAS, a petition to vacate City right–of-way has been filed by the owners of the following described property: Lot 1 of Howes 4th Addition, an addition to the City of Sioux Falls, Minnehaha County, South Dakota WHEREAS, the hearing was held on April 14, 2020, and the petition has been duly examined and investigated by the City Council of the City of Sioux Falls. Testimony of said petition has been heard. Said property, as shown upon the plats attached to and made a part of said petition, has been used as a street, alley, or public ground but no longer serves a useful public purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the East 16th Street right-of-way as shown on Exhibit A, be and the same hereby is declared vacated, and subject to a ten-foot utility easement reserved by the City of Sioux Falls in, over, and upon such vacated property as shown on Exhibit A for drainage, sewer, water and gas mains, electric, telephone lines, cable TV, and all public utility uses required or authorized by the City, and that the City Clerk shall cause to be filed with the Register of Deeds, Minnehaha County, SD, a duly certified transcript of this resolution. 10 Page 4 of 9 Date adopted: 04/15/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk NOTICE OF HEARINGS FOR STREET VACATIONS 20. A RESOLUTION VACATING A PORTION OF THE 66-FOOT-WIDE SECTION LINE RIGHT-OF-WAY LYING ADJACENT AND SOUTH OF THE INTERSTATE 229 NORTHBOUND OFF-RAMP RIGHT-OF-WAY AT THE BENSON RD. INTERCHANGE, AS SHOWN ON EXHIBIT A. Recommendation: Set a date of hearing for Tuesday, May 12, 2020. A motion was made by Council Member Selberg and seconded by Council Member Erickson to set a date of hearing for Tuesday, May 12, 2020 for Item 20. Roll call vote to set a date of hearing. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. REPORT OF OFFICERS/BOARDS/COMMITTEES/TRANSFERS OF UNENCUMBERED APPROPRIATION BALANCES AMONG PROGRAMS WITHIN A DEPARTMENT OR ORGANIZATIONAL UNIT AS PROVIDED IN THE SIOUX FALLS CITY CHARTER SECTION 5.07(d) 21. NOTICE OF TRANSFER OF APPROPRIATIONS ON THE MEMORANDUM DATED April 3, 2020. NEW BUSINESS ITEMS ADDED AFTER AGENDA DEADLINE 22. AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, ESTABLISHING A “STAY AT HOME” ORDER FOR THE CITY OF SIOUX FALLS FOR CONTAINMENT OF THE COVID-19 PANDEMIC. A motion was made by Council Member Erickson and seconded by Council Member Stehly to set a date of 2nd Reading for Tuesday, April 21, 2020 for Item 22. Roll call vote to set a date of 2nd Reading. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. 23. AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, EXTENDING THE EFFECTIVE DATE OF ORDINANCE NO. 29-20 ADOPTING THE SIOUX FALLS BOARD OF HEALTH SECOND AMENDED AND RESTATED REGULATIONS PERTAINING TO THE NOVEL CORONAVIRUS (COVID-19). A motion was made by Council Member Erickson and seconded by Council Member Selberg to set a date of 2nd Reading for Tuesday, April 21, 2020 for Item 23. 11 Page 5 of 9 Roll call vote to set a date of 2nd Reading. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. 24. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, TEMPORARILY REDUCING TRANSIT SERVICES DUE TO THE COVID-19 PANDEMIC. A motion was made by Council Member Neitzert and seconded by Council Member Erickson to adopt Resolution No. 48-20. A motion was made by Council Member Selberg and seconded by Council Member Erickson to amend said resolution by changing the last WHEREAS clause to reaad, "WHEREAS, a public meeting of the Public Transit Advisory Board was held on April 15, during which public input was received and considered, and the Board recommended to temporarily suspend and reduce transit services to help reduce the spread of COVID-19; and"; adding an additional WHEREAS clause to read, "WHEREAS, on April 15, 2020 the Sioux Falls Board of Health issued an order to suspend and reduce certain fixed route transit services to help reduce the spread of COVID-19."; and changing all after "NOW, THEREFORE BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD:" to read: "Section 1. That effective immediately upon passage and publication of this resolution, and continuing until 11:59 p.m. on May 8, 2020, the following changes shall be in effect for Sioux Area Metro transit services in order to help reduce the spread of COVID-19: Routes 3, 4, 6, 7, 8, and 10 shall run hourly service each day beginning at 5:45 a.m. on weekdays and beginning at 7:45 a.m. on Saturdays. Routes 1, 2, 5, 9, 11 and 19 shall suspend services through May 8, 2020. A new time schedule shall be made available at www.siouxfalls.org/sam. The last route departure time for all route services shall be at 6:45 p.m. (no evening service). Paratransit shall maintain current service area boundaries but run reduced service hours from 5:15 a.m. to 6:45 p.m. (no evening service). Any rider with an essential trip that is temporarily not served by a fixed-route may contact Sioux Area Metro at 367-7151 to apply for limited essential trip services. Essential trips will include service to medical appointments, pharmacies, grocery stores, and critical jobs. Section 2. Immediate Effect: This resolution is hereby declared necessary for the immediate preservation of the public health and shall become effective immediately upon its passage and publication pursuant to SDCL 9-19-13.". Roll call vote to amend. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. Roll call vote to adopt, as amended. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. RESOLUTION NO. 48-20 A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, TEMPORARILY REDUCING TRANSIT SERVICES DUE TO THE COVID-19 PANDEMIC. WHEREAS, in December 2019, the novel coronavirus (COVID-19) was first identified and since that time has spread throughout the world, including to every state in the United States; and 12 Page 6 of 9 WHEREAS, the first cases of COVID-19 appeared in the United States in January 2020; and WHEREAS, the risk of community spread of COVID-19 has grown exponentially since then; and WHEREAS, on March 11, 2020, the World Health Organization declared COVID-19 a pandemic; and WHEREAS, on March 12, 2020, the Mayor issued Executive Order No. 218 declaring an emergency to address the novel coronavirus COVID-19; and WHEREAS, on March 13, 2020, the Governor declared an emergency in the state of South Dakota in response to the COVID-19 pandemic; and WHEREAS, on March 23, 2020, the Governor issued Executive Order 2020-08 setting forth guidelines and recommendations regarding personal, business, and healthcare precautions to be taken in response to the COVID-19 pandemic; and WHEREAS, on April 6, 2020, the Governor issued Executive Order 2020-12 setting forth requirements regarding personal, business, and healthcare precautions to be taken in response to the COVID-19 pandemic, and Executive Order 2020-13 requiring “Vulnerable Individuals” in Minnehaha and Lincoln Counties to stay at home except when working in critical infrastructure jobs and/or conducting essential errands; and WHEREAS, on April 10, 2020, the Secretary of the Department of Health for the State of South Dakota, with the consent and authorization of the Governor, declared a public health emergency to exist within Minnehaha County, SD; and WHEREAS, COVID-19 is continuing to spread across the community with national, state, and local health authorities confirming that person-to-person contact is creating a public health danger; and WHEREAS, the risk of community spread of COVID-19 through person-to-person contact is magnified when people congregate together; and WHEREAS, if COVID-19 continues to spread at the current rate, the available medical facilities will be stressed and eventually overloaded with critical patients; and WHEREAS, as of 12 noon on April 13, 2020, there have been 654 confirmed cases of COVID-19 within Minnehaha County, 578 of which are active (i.e., the individual is not yet considered to have recovered); and WHEREAS, as of 12 noon on April 13, 2020, there have been 50 confirmed cases of COVID-19 within Lincoln County, 29 of which are active; and 13 Page 7 of 9 WHEREAS, as of 12 noon on April 13, 2020, there have been 868 confirmed cases of COVID-19 within the state of South Dakota, 661 of which are active; and WHEREAS, the Centers for Disease Control and Prevention (“CDC”) recommend certain actions for the preparation and mitigation of community transmission of COVID19, including, but not limited to, social distancing measures and restricting the size of gatherings; and WHEREAS, Sioux Area Metro (SAM) provides all public transit services for the City of Sioux Falls; and WHEREAS, COVID-19 has led to a 65 percent reduction in SAM fixed route ridership since March 9, 2020; and WHEREAS, COVID-19 has led to an 85 percent reduction in SAM Paratransit ridership since March 9, 2020; and WHEREAS, SAM and the City of Sioux Falls can no longer sustain current transit services with 36 percent of its drivers considered “Vulnerable Individuals” pursuant to the Governor’s Executive Order 2020-13; and WHEREAS, SAM and the City of Sioux Falls desire to temporarily reduce transit services to assist in reducing the spread of COVID-19, protecting the drivers and riders, as well as the community as a whole; and WHEREAS, within FTA Region 8 (Denver Region), 34 communities have reduced transit services and 19 have suspended transit services to help reduce the spread of COVID-19; and WHEREAS, in light of the current COVID-19 pandemic and the Governor’s executive orders relating to such pandemic, Amalgamated Transit Union Local Number 1356 has requested and agreed to a reduction of the fixed route service provided by SAM; and WHEREAS, a public meeting of the Public Transit Advisory Board was held on April 15, 2020, during which public input was received and considered, and the Board recommended to temporarily suspend and reduce transit services to help reduce the spread of COVID-19; and WHEREAS, on April 15, 2020 the Sioux Falls Board of Health issued an order to suspend and reduce certain fixed route transit services to help reduce the spread of COVID-19. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. That effective immediately upon passage and publication of this resolution, and continuing until 11:59 p.m. on May 8, 2020, the following changes shall be in effect for Sioux Area Metro transit services in order to help reduce the spread of COVID-19: • Routes 3, 4, 6, 7, 8, and 10 shall run hourly service each day beginning at 5:45 a.m. on weekdays and beginning at 7:45 a.m. on Saturdays. 14 Page 8 of 9 • Routes 1, 2, 5, 9, 11 and 19 shall suspend services through May 8, 2020. • A new time schedule shall be made available at www.siouxfalls.org/sam • The last route departure time for all route services shall be at 6:45 p.m. (no evening service). • Paratransit shall maintain current service area boundaries but run reduced service hours from 5:15 a.m. to 6:45 p.m. (no evening service). • Any rider with an essential trip that is temporarily not served by a fixed-route may contact Sioux Area Metro at 367-7151 to apply for limited essential trip services. Essential trips will include service to medical appointments, pharmacies, grocery stores, and critical jobs. Section 2. Immediate Effect: This resolution is hereby declared necessary for the immediate preservation of the public health and shall become effective immediately upon its passage and publication pursuant to SDCL 9-19-13. Date adopted: 04/15/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk ADJOURNMENT A motion was made by Council Member Starr and seconded by Council Member Erickson to adjourn at 10:45 p.m. Voice vote to adjourn. 8 Yes: Selberg, Soehl, Starr, Stehly, Brekke, Erickson, Kiley, Neitzert; 0 No: (None). Motion Passed. Thomas M. Greco, City Clerk 15 Page 9 of 9 Approval of contracts/agreements on the memorandum... MEMORANDUM Date: To: From: Subject: April 17, 2020 City Council Mayor Paul TenHaken Approval of Contracts/Agreements I am submitting for approval the following contracts and agreements pursuant to Ordinance No. 75-11: Item Department Project No. 1 Electric Light NA Project Description Vendor Amount 22’ Aluminum Pole with SingleMast Arm Graybar Electric No Change in Pricing Exercising an option to extend term from 4/01/20 to 5/31/21 19-0078 2 Highways/Streets 11014 Bridge and Retaining Wall Rehabilitation: S. Minnesota Avenue and Big Sioux River and W. 12th Street and Big Sioux River Bridge Repairs; To award a bid BX Civil & Construction, Inc. $854,471.75 20-1014 3 Water Reclamation 23002 Pipe Lining Program at Various Locations; To award a bid Key Contracting, $146,503.90 Inc. 20-1066 4 Sanitary Landfill 21001 Leachate Recirculation – Landfill Gas Construction; To award a bid Dot Energy Solutions, Inc. $325,064.00 Backhaus Excavation & Underground, LLC $499,993.50 20-1071 5 Water Reclamation 23001 Sanitary Sewer Others Mains – 2020 Sanitary Sewer Repairs for Overlay Area; To award a bid 20-1082 16 1Page 1 of 8 S:\BID REQUESTS\2020 COUNCIL AGENDA\CONTRACTS & AGREEMENTS\MEETING OF 4-21.DOCX Item 6 Department Water Purification Project No. 22003 11021 Project Description Vendor City Wide Water Main Installation: Pebble Creek Road from Holbrook Avenue to Banberry Avenue and Drexel Drive from Pebble Creek Road to 57th Street Water Main; To award a bid Asphalt Surfacing Company Amount $771,475.64 20-1090 7 Parks/Recreation 14074 Kirby Dog Park at Fort Sod; To award a bid Visions Construction Group, Inc. $467,308.80 Visions Construction Group, Inc. $2,027,000.00 20-1072 8 Water Purification 22005 Water Purification Building Improvements – Chlorine Building Improvements; To award a bid 20-1079 9 Highways/Streets 11079 Asphalt Street Rehabilitation; Prairie Avenue, 26th Street to 28th Street Overlay and ADA Improvements; To award a bid Journey Group $164,584.78 Companies DBA Black-Top Paving 20-1083 10 Highways/Streets 11001 Concrete Pavement Restoration: Full Depth and On-Call Concrete Repairs; To award a bid Dakota Contracting Corporation $604,883.75 20-1089 11 Water Reclamation 23001 Sanitary Sewer Other Mains: 52nd Street/Kyle Avenue Sanitary Sewer Pipe Replacement; to award an informal bid First Rate Excavate, Inc. $14,949.00 SDDOT $19,411.13 20-2010 12 Highways/Streets NA SDDOT Work Order for 2020 Bridge Inspections 20-3143A 17 2 Page 2 of 8 S:\BID REQUESTS\2020 COUNCIL AGENDA\CONTRACTS & AGREEMENTS\MEETING OF 4-21.DOCX Item 13 Department Project No. Highways/Streets Water 11073 22003 Project Description Vendor Neighborhood Reconstruction Program: Phillips Avenue from 14th Street to 17th Street; Agreement for final design Ulteig Engineers, Inc. Amount $69,511.75 20-3209 14 Highways/Streets 11105 57th Street Improvements – Western Avenue to Minnesota Avenue; To award a bid Journey Group $1,698,786.56 Companies DBA Black-Top Paving 20-1093 15 Central Facilities 06014 Fleet/Street Generator; To award a bid Parkway Construction $239,000.00 20-1078 16 Highways/Streets 11104 33rd Street and Minnesota Avenue Improvements; Amendment to final design agreement Ulteig Engineers, Inc. $57,358.00 Banner Associates, Inc. $86,618.00 Midwest Engineering, LLC $17,750.00 19-3564; am1 17 Water 22037 Transmission Main Rehabilitation - Bailey Street Improvements; Amendment to final design agreement 19-3626; am1 18 Central Facilities NA Centralized Facilities Improvements: Fire Station No. 1 Floor Beam Repairs/Kitchen Remodel; Agreement for final design 20-3203 19 Highways/Streets 11023 Drainage Improvements in Existing Areas – Basin 153 (near 69th Street and Minnesota Avenue) Drainage Improvements; Agreement for construction administration Ulteig Engineers, Inc. $156,243.00 20-3195 18 3 Page 3 of 8 S:\BID REQUESTS\2020 COUNCIL AGENDA\CONTRACTS & AGREEMENTS\MEETING OF 4-21.DOCX Item 20 Department Project No. Highways/Streets 11079 Project Description Vendor Amount Asphalt Street Rehabilitation Concrete Repairs for 2019 Overlay Program – Phase 1; Amendment to construction administration agreement Sayre $19,563.85 Associates, Inc. 19-3236;1 21 Highways/Streets 11007 Downtown Area Street and Utility Reconstruction Downtown Streetscape Maintenance; Agreement for construction administration Confluence $15,875.00 KLJ Engineering, LLC $59,798.00 Clark Engineering now IMEG $26,456.34 Clark Engineering now IMEG $32,383.67 HDR Engineering, Inc. $50,330.00 20-3196 22 Highways/Streets 11002 School Park Site Coordination 41st Street Widening at Intersections of Faith Avenue and Sparta Avenue; Agreement for construction administration 20-3197 23 Highways/Streets 11014 Bridge and Retaining Wall Rehabilitation: S. Minnesota Bridge Over Big Sioux River; Agreement for construction administration 20-3199 24 Highways/Streets 11014 Bridge and Retaining Wall Rehabilitation: W. 12th Street Bridge Over Big Sioux River; Agreement for construction administration 20-3200 25 Water NA 2020 Raw Water Transmission Modeling Support; Agreement for professional services 20-3205 19 4 Page 4 of 8 S:\BID REQUESTS\2020 COUNCIL AGENDA\CONTRACTS & AGREEMENTS\MEETING OF 4-21.DOCX Item 26 Department Project No. Water 22005 Project Description Vendor Amount Water Purification Building Improvements - Drinking Water Risk and Resiliency Assessment; Amendment to professional services agreement HDR Engineering, Inc. $58,447.00 HDR Engineering, Inc. $39,560.00 Stockwell Engineers, Inc. $68,172.00 19-3541; am1 27 Water Reclamation 23002 11079 Pipe Ling Program and Asphalt Street Rehabilitation - Pipe Lining on Southeastern Avenue from Klondike Avenue to 49th Street; Amendment to construction administration agreement 19-3276; am1 28 Highways/Streets 11079 11010 Asphalt Street Rehabilitation and Traffic Signal Improvements: West Avenue, 12th Street to 6th Street; Agreement for construction administration 20-3206 20 5 Page 5 of 8 S:\BID REQUESTS\2020 COUNCIL AGENDA\CONTRACTS & AGREEMENTS\MEETING OF 4-21.DOCX Item 29 Department Project No. Highways/Streets NA Project Description Vendor Amount Furnish Concrete for Construction Sweetman Construction (Concrete Materials) Establish Pricing Lot 1: M6: Lot 2: 24-Hour Concrete Mix: Lot 3: 48-Hour Concrete Mix: Lot 4: Controlled Density Fill: Lot 5: Mortar: Additives for all Lots: -Fiber Mesh: -Colored Dye-Mauve: -1% Non-Chloride Accelerator: -2% Non-Chloride Accelerator: -Hot Water: -Truck Washout Fee: -Pump Truck $112.00/yard $161.00/yard $150.00/yard $104.00/yard $148.00/yard $7.50/yard $36.50/yard $6.50/yard $13.00/yard $6.00/yard $45.00/each $550.00/hour Total Estimated Spend: $87,430 Establish pricing for various concrete products and additives that will be used throughout the year for construction, repair, and maintenance of various infrastructure projects throughout the City. To award a bid 20-0056 30 Water Reclamation 23044 Pump Station 218 Improvements; Agreement for final design/construction administration AE2S $214,291.00 20-3198 31 Water Reclamation 23002 Pipe Lining Program - 2020 Sanitary Sewer CIPP Lining; Agreement for final design/construction administration Banner $78,220.00 Associates, Inc. 20-3207 21 6 Page 6 of 8 S:\BID REQUESTS\2020 COUNCIL AGENDA\CONTRACTS & AGREEMENTS\MEETING OF 4-21.DOCX Item 32 Department Project No. Water Reclamation 23044 Project Description Vendor Amount Pump Station 203 Improvements; Agreement for final design/construction administration HR Green, Inc. $231,580.00 20-3208 33 City Council NA Joint Election Agreement Lincoln County Conduct and share election expenses for a joint election on Tuesday, June 2, 2020. Establish Reimbursement Rate Amount will vary based on number of workers and polling places. City will reimburse County for costs as they relate to election day. 50% of the cost of polling places on election day. 25% of the cost of appointed election officials. 20-4095 34 Parks/Recreation NA $-0- Gifting Agreement Accept the donation of one memorial bench in memory of Shawn Stonefield Reuss at Falls Park Accept the donation of one memorial bench in honor of Mary Jean Pritchard 35 Parks/Recreation 14008 Scott Connelly Nature Area; Closing costs for gifting agreement First Dakota Title Company $681.00 20-4004 22 7 Page 7 of 8 S:\BID REQUESTS\2020 COUNCIL AGENDA\CONTRACTS & AGREEMENTS\MEETING OF 4-21.DOCX Item 36 Department Project No. Water 22037 Project Description Vendor Transmission Main Improvements - Bailey Street from Main Avenue to West Avenue; To award a bid Soukup Construction, Inc. Amount $2,998,998.00 20-1055 37 Landfill NA Sioux Falls Sanitary Landfill Misc. Surveying; Agreement for professional services JSA Engineers and Land Surveyors, Inc. $10,000.00 Krump Concrete Construction, LLC $162,750.50 Burns & McDonnell Engineering Company, Inc. $41,300.00 Parkway Construction $192,687.25 20-3210 38 Highways/Streets 11075 Pedestrian and Bicycle Improvements - Sidewalk Removal/Replacements at Various Locations – Phase 2; To award a bid 20-1044 39 Landfill 21001 Leachate Recirculation – Gas System Recirculation; Agreement for construction administration 20-3189 40 Parks/Recreation 14030 Terrace Park Development – Ballfield Improvements Phase 2; To award a bid 20-1075 23 8 Page 8 of 8 S:\BID REQUESTS\2020 COUNCIL AGENDA\CONTRACTS & AGREEMENTS\MEETING OF 4-21.DOCX Notice of change orders on the memorandum dated April... MEMORANDUM Date: To: From: Subject: April 17, 2020 City Council Mayor Paul TenHaken Notice of Change Orders I am reporting the following Change Orders pursuant to Ordinance No. 75-11: Item 1 Department Water Reclamation Highways/Streets Project No. 23002 11079 Project Description Vendor Amount Southeastern Avenue, Klondike Trail to 49th Street CIPP Sewer Lining and Surfacing Improvements; unforeseen added quantities H&W Contracting, LLC $32,751.95 Journey Group Companies $93,898.00 Journey Group Companies $53,562.00 19-1083; co2 2 Public Parking 19002 Mixed Use Parking Ramp 18-3000; co5 3 Public Parking 19002 Mixed Use Parking Ramp 18-3000; co6 4 Public Parking 19002 Mixed Use Parking Ramp Journey Group -$147,460.00 Companies 18-3000; co7 24 1 Page 1 of 1 S:\BID REQUESTS\2020 COUNCIL AGENDA\CHANGE ORDERS\CO MEETING OF 4-21.DOCX Amend a Special One-Day Malt Beverage License,... Date: April 13, 2020 To: Mayor Paul TenHaken City Council Members City Attorney Stacy Kooistra Police Chief Matt Burns From: Jamie L. Palmer, Licensing Specialist Subject: Alcoholic Beverage Items I have received the following alcoholic beverage items scheduled for consideration and approval under the Consent Agenda on April 21, 2020. These particular items meet the criteria set forth by State Law in which no notice is required to be published and no hearing needs to be scheduled.  Amend a Special One-Day Malt Beverage License for Presentation Sisters, originally approved on 03/03/20, to be operated at Falls Park, 305 East Falls Park Drive, for a Cinco de Mayo fiesta on May 9, 2020 by changing the date of the event to May 8, 2021. This event was postponed in efforts to slow the spread of Covid-19.  Amend a Special One-Day Liquor License for Washington Pavilion Management Inc., originally approved on 9/17/19, to be operated at the Orpheum Theatre, 315 North Phillips Avenue, for special event on May 23, 2020 by changing the date of the event to May 22, 2021. This event was postponed in efforts to slow the spread of Covid-19  Withdraw Special One-Day Liquor Licenses for Washington Pavilion Management Inc., 301 South Main Avenue, for special events on March19, 21, 31, April 1, 25, and May 30, 2020. The original application was approved by City Council on September 17, 2019. These events are postponed (to future dates to be determined) in efforts to slow the spread of Covid-19. If you have any questions, please contact me at 367-8082 or jpalmer@siouxfalls.org. 25 Page 1 of 2 [#1 Click here and type name] Page 2 April 13, 2020 26 Page 2 of 2 C:\USERS\C7702\DESKTOP\MISC ITEMS\CITY CENTER LETTERHEAD TEMPLATE.DOCX New 2020-21 Retail Malt Beverage/SD Farm Wine... Date: April 13, 2020 To: Mayor Paul TenHaken City Council Members City Attorney Stacy Kooistra Police Chief Matt Burns From: Jamie L. Palmer, Licensing Specialist Subject: Alcoholic Beverage Items I have received the following alcoholic beverage items scheduled for a hearing date on May 6, 2020.  New 2020-21 Retail Malt Beverage/SD Farm Wine License for Golden Coin Casino, 405 North Kiwanis Avenue, with conditional use permit (11735-2020) being approved on April 1, 2020. Vikash and Anupama Patel are listed as members of this company. They also hold interest in 9 Retail Malt Beverage licenses, 3 Retail Wine Licenses, and 1 Package Liquor License at various locations throughout Sioux Falls.  Request to include video lottery terminals with the New 2020-21 Retail Malt Beverage/SD Farm Wine License for Golden Coin Casino, 405 North Kiwanis Avenue, with Conditional Use Permit (11735-2020) being approved on April 1, 2020. See item above.  Transfer of 2020 Retail Liquor License from Pancakes and More Inc, Original Pancake House, 2713 West 41st Street, to New Ritual LLC, The Hello Hi, 120 South Phillips Avenue (CUP not required). Brandon De Jong, Sara Benson, and Pat Nelson are listed as Partners. They do not hold interest in any other alcoholic beverage license.  Special One-Day Malt Beverage and Special One-Day Wine Licenses for Downtown Sioux Falls to be operated at Phases 1 & 2 of Downtown Riverfront (from 6th Street to south of 8th Street) including Raven Industries riverfront & parking lot located at 205 East 6th Street, to include the grassy area between Phase 1 River Greenway and the Cherapa Place parking lot, north to 6th Street and South to Cherapa Place, for Riverfest on August 15, 2020. 27 Page 1 of 3 Page 2 April 14, 2020  Special One-Day Malt Beverage and Special One-Day Wine Licenses for Downtown Sioux Falls to be operated at 8th & Railroad Center parking lot, 401 East 8th Street, for East Bank Block Parties on July 3, August 7, and September 4, 2020. If you have any questions, please contact me at 367-8082 or jpalmer@siouxfalls.org. 28 Page 2 of 3 C:\USERS\C7702\DESKTOP\MISC ITEMS\CITY CENTER LETTERHEAD TEMPLATE.DOCX PUBLISH: April 25, 2020 NOTICE OF HEARING UPON APPLICATIONS FOR SALE OF ALCOHOLIC BEVERAGES Notice is given that various Alcoholic Beverage Licenses are to be operated at various locations in Sioux Falls, South Dakota, as listed below. The City Council will consider said applications at Carnegie Town Hall, 235 West Tenth Street, at 7:00 p.m., on Wednesday, May 6, 2020. Any person interested may appear and be heard. New 2020-21 Retail Malt Beverage/SD Farm Wine License for Golden Coin Casino, 405 North Kiwanis Avenue, with conditional use permit (11735-2020) being approved on April 1, 2020. Request to include video lottery terminals with the New 2020-21 Retail Malt Beverage/SD Farm Wine License for Golden Coin Casino, 405 North Kiwanis Avenue, with Conditional Use Permit (11735-2020) being approved on April 1, 2020. Transfer of 2020 Retail Liquor License from Pancakes and More Inc, Original Pancake House, 2713 West 41st Street, to New Ritual LLC, The Hello Hi, 120 South Phillips Avenue (CUP not required). Special One-Day Malt Beverage and Special One-Day Wine Licenses for Downtown Sioux Falls to be operated at Phases 1 & 2 of Downtown Riverfront (from 6th Street to south of 8th Street) including Raven Industries riverfront & parking lot located at 205 East 6th Street, to include the grassy area between Phase 1 River Greenway and the Cherapa Place parking lot, north to 6th Street and South to Cherapa Place, for Riverfest on August 15, 2020. Special One-Day Malt Beverage and Special One-Day Wine Licenses for Downtown Sioux Falls to be operated at 8th & Railroad Center parking lot, 401 East 8th Street, for East Bank Block Parties on July 3, August 7, and September 4, 2020. ________________________ Jamie L. Palmer Licensing Specialist City Attorney’s Office Published once at the approximate cost of $_____________. 29 Page 3 of 3 New 2020 Retail Wine & Cider License and 2019-20... Date: March 30, 2020 To: Mayor Paul TenHaken City Council Members City Attorney Stacy Kooistra Police Chief Matt Burns From: Jamie L. Palmer, Licensing Specialist Subject: Alcoholic Beverage Items I have received the following alcoholic beverage items scheduled for a hearing date on April 21, 2020.  New 2020 Retail Wine & Cider License and 2019-20 Retail Malt Beverage/SD Farm Wine License for McNally’s Irish Pub, 6211 Old Village Place. Beth Ellerbroek is listed as President. She also holds a Retail Liquor License at this location. She is requesting these licenses to allow her to sell packaged malt beverages/SD Farm Wine and packaged wine to go with carry out orders.  New 2019-20 Retail Malt Beverage/SD Farm Wine License for Eastway Sports Lounge & Grill, 3201 East 10th Street. Joshua Thomas is listed as President. He also holds a Retail Liquor License at this location. He is requiring this license to allow him to sell packaged malt beverages/SD Farm wines to go with carry out orders.  New 2019-20 Retail Malt Beverage/SD Farm Wine License for The Thirsty Duck, 945 South Marion Road, Suite 101. Keith Myrmoe is listed as President and Pam Myrmoe is listed as Vice President. They also hold a Retail Liquor License as this location. They are requesting this license to allow them to sell packaged malt beverages/SD farm wines to go with carry out orders.  New 2020 Retail Wine & Cider License and 2019-20 Retail Malt Beverage/SD Farm Wine License for Expedition League Inc., 1401 West 33rd Street. Connie Wagner is listed as Director and Steve Wagner is listed as President. This request is to allow them to sell malt beverages and wine during their league games to be played on the Augustana University Ronken Field. 30 Page 1 of 6 Page 2 March 31, 2020  New 2020 Retail Wine & Cider License and 2019-20 Retail Malt Beverage/SD Farm Wine License for Shop N Cart North, 1029 North Minnesota Avenue. Dave Grevlos is listed as President. He also holds Package Liquor Licenses at all store locations as well as an Retail Malt Beverage/SD Farm Wine license.  Request to include video lottery terminals with the New 2019-20 Retail Malt Beverage/SD Farm Wine License for Shop N Cart North, 1029 North Minnesota Avenue. See item above.  New 2020 Retail Wine & Cider License and 2019-20 Retail Malt Beverage/SD Farm Wine License for Shop N Cart Northeast, 2701 East Sixth Street. See item above.  Request to include video lottery terminals with the New 2019-20 Retail Malt Beverage/SD Farm Wine License for Shop N Cart Northeast, 2701 East Sixth Street. See item above.  Transfer of 2020 Package Liquor License from 69th Street Looks Market LLC, 500 East 69th Street, to 69th Street Looks Market LLC, 6213 Old Village Place. Greg Heineman and Nick Heineman are listed as officers for this company. They hold a Retail Liquor License, Retail Malt Beverage/SD Farm Wine, Retail Wine & Cider License and a Malt Beverage manufacturers license at their 500 E 69th Street location.  Transfer of 2020 Retail Liquor License and 2019-20 Retail Malt Beverage/SD Farm Wine License from Granite City Restaurant Operations Inc, 2620 South Louise Avenue, to Granite City Inc., Granite City Food & Brewery, 2620 South Louise Avenue (CUP not required). Jeffery Crivello, James Gilbertson and BBQ Holdings are listed as officers for this company. Granite City Inc is also applying for a Malt Beverage Manufacturers license at this location. 31 Page 2 of 6 C:\USERS\C7702\DESKTOP\MISC ITEMS\CITY CENTER LETTERHEAD TEMPLATE.DOCX Page 3 March 31, 2020  Special One-Day Malt Beverage and Special One-Day Wine Licenses for Sioux Falls Sister Cities to be operated at Avera IT parking lot, 230 South Phillips Avenue, 200 S 2nd Avenue (South Second Avenue between East 10th Street and South Third Avenue), for Germanfest on September 12, 2020.  New 20190-20 Retail Malt Beverage/SD Farm Wine License for Mackenzie River Pizza, 234 South Main Avenue. They are requesting this license to allow them to sell packaged malt beverages/SD farm wines to go with carry out orders. If you have any questions, please contact me at 367-8082 or jpalmer@siouxfalls.org. 32 Page 3 of 6 C:\USERS\C7702\DESKTOP\MISC ITEMS\CITY CENTER LETTERHEAD TEMPLATE.DOCX PUBLISH: April 11, 2020 NOTICE OF HEARING UPON APPLICATIONS FOR SALE OF ALCOHOLIC BEVERAGES Notice is given that various Alcoholic Beverage Licenses are to be operated at various locations in Sioux Falls, South Dakota, as listed below. The City Council will consider said applications at Carnegie Town Hall, 235 West Tenth Street, at 7:00 p.m., on Tuesday, April 21, 2020. Any person interested may appear and be heard. New 2020 Retail Wine & Cider License and 2019-20 Retail Malt Beverage/SD Farm Wine License for McNally’s Irish Pub, 6211 Old Village Place. New 2019-20 Retail Malt Beverage/SD Farm Wine License for Eastway Sports Lounge & Grill, 3201 East 10th Street. New 2019-20 Retail Malt Beverage/SD Farm Wine License for The Thirsty Duck, 945 South Marion Road, Suite 101. New 2020 Retail Wine & Cider License and 2019-20 Retail Malt Beverage/SD Farm Wine License for Expedition League Inc., 1401 West 33rd Street. New 2020 Retail Wine & Cider License and 2019-20 Retail Malt Beverage/SD Farm Wine License for Shop N Cart North, 1029 North Minnesota Avenue. Request to include video lottery terminals with the New 2019-20 Retail Malt Beverage/SD Farm Wine License for Shop N Cart North, 1029 North Minnesota Avenue. New 2020 Retail Wine & Cider License and 2019-20 Retail Malt Beverage/SD Farm Wine License for Shop N Cart Northeast, 2701 East Sixth Street. Request to include video lottery terminals with the New 2019-20 Retail Malt Beverage/SD Farm Wine License for Shop N Cart Northeast, 2701 East Sixth Street. Transfer of 2020 Package Liquor License from 69th Street Looks Market LLC, 500 East 69th Street, to 69th Street Looks Market LLC, 6213 Old Village Place. Transfer of 2020 Retail Liquor License and 2019-20 Retail Malt Beverage/SD Farm Wine License from Granite City Restaurant Operations Inc, 2620 South Louise Avenue, to Granite City Inc., Granite City Food & Brewery, 2620 South Louise Avenue (CUP not required). 33 Page 4 of 6 Special One-Day Malt Beverage and Special One-Day Wine Licenses for Sioux Falls Sister Cities to be operated at Avera IT parking lot, 230 South Phillips Avenue, 200 S 2nd Avenue (South Second Avenue between East 10th Street and South Third Avenue), for Germanfest on September 12, 2020. New 20190-20 Retail Malt Beverage/SD Farm Wine License for Mackenzie River Pizza, 234 South Main Avenue. ________________________ Jamie L. Palmer Licensing Specialist City Attorney’s Office Published once at the approximate cost of $_____________. 34 Page 5 of 6 UNFINISHED BUSINESS: Meeting of April 21, 2020 New 2020 Retail Wine & Cider License and 2019-20 Retail Malt Beverage/SD Farm Wine License for McNally’s Irish Pub, 6211 Old Village Place. New 2019-20 Retail Malt Beverage/SD Farm Wine License for Eastway Sports Lounge & Grill, 3201 East 10th Street. New 2019-20 Retail Malt Beverage/SD Farm Wine License for The Thirsty Duck, 945 South Marion Road, Suite 101. New 2020 Retail Wine & Cider License and 2019-20 Retail Malt Beverage/SD Farm Wine License for Expedition League Inc., 1401 West 33rd Street. New 2020 Retail Wine & Cider License and 2019-20 Retail Malt Beverage/SD Farm Wine License for Shop N Cart North, 1029 North Minnesota Avenue. Pending permit issuance and final inspections per Building Services. Request to include video lottery terminals with the New 2019-20 Retail Malt Beverage/SD Farm Wine License for Shop N Cart North, 1029 North Minnesota Avenue. Pending permit issuance and final inspections per Building Services. New 2020 Retail Wine & Cider License and 2019-20 Retail Malt Beverage/SD Farm Wine License for Shop N Cart Northeast, 2701 East Sixth Street. Pending permit issuance and final inspections per Building Services. Request to include video lottery terminals with the New 2019-20 Retail Malt Beverage/SD Farm Wine License for Shop N Cart Northeast, 2701 East Sixth Street. Pending permit issuance and final inspections per Building Services. Transfer of 2020 Package Liquor License from 69th Street Looks Market LLC, 500 East 69th Street, to 69th Street Looks Market LLC, 6213 Old Village Place. Transfer of 2020 Retail Liquor License and 2019-20 Retail Malt Beverage/SD Farm Wine License from Granite City Restaurant Operations Inc, 2620 South Louise Avenue, to Granite City Inc., Granite City Food & Brewery, 2620 South Louise Avenue (CUP not required). Special One-Day Malt Beverage and Special One-Day Wine Licenses for Sioux Falls Sister Cities to be operated at Avera IT parking lot, 230 South Phillips Avenue, 200 S 2nd Avenue (South Second Avenue between East 10th Street and South Third Avenue), for Germanfest on September 12, 2020. New 20190-20 Retail Malt Beverage/SD Farm Wine License for Mackenzie River Pizza, 234 South Main Avenue. 35 Page 6 of 6 AN ORDINANCE OF THE CITY OF SIOUX FALLS,... 1st Reading: 2nd Reading: Date Adopted: Date Published: Effective Date: ORDINANCE NO. AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, ESTABLISHING A “STAY AT HOME” ORDER FOR THE CITY OF SIOUX FALLS FOR CONTAINMENT OF THE COVID-19 PANDEMIC. WHEREAS, in December 2019, the novel coronavirus (COVID-19) was first identified and since that time has spread throughout the world, including to every state in the United States; and WHEREAS, the first cases of COVID-19 appeared in the United States in January 2020; and WHEREAS, the risk of community spread of COVID-19 has grown exponentially since then; and WHEREAS, on March 11, 2020, the World Health Organization declared COVID-19 a pandemic; and WHEREAS, on March 12, 2020, the Mayor issued Executive Order No. 218 declaring an emergency to address the novel Coronavirus COVID-19; and WHEREAS, on March 13, 2020, the Governor declared an emergency in the state of South Dakota in response to the COVID-19 pandemic; and WHEREAS, on March 23, 2020, the Governor issued Executive Order 2020-08 setting forth guidelines and recommendations regarding personal, business, and healthcare precautions to be taken in response to the COVID-19 pandemic; and WHEREAS, on March 24, 2020, the Governor announced that she recommended that all K-12 schools in South Dakota remain closed until May 1, 2020; and WHEREAS, on April 6, 2020, the Governor announced that K-12 schools should remain closed through the remainder of the school year; and WHEREAS, on April 6, 2020, the Governor issued Executive Order 2020-12 setting forth requirements regarding personal, business, and healthcare precautions to be taken in response to the COVID-19 pandemic, and Executive Order 2020-13 requiring “Vulnerable Individuals” in Minnehaha and Lincoln Counties to stay at home except when working in critical infrastructure jobs and/or conducting essential errands; and 1 36 Page 1 of 47 WHEREAS, on April 10, 2020, the Secretary of the Department of Health for the State of South Dakota, with the consent and authorization of the Governor, declared a public health emergency to exist within Minnehaha County, South Dakota; and WHEREAS, COVID-19 is continuing to spread across the community with national, state, and local health authorities confirming that person-to-person contact is creating a public health danger; and WHEREAS, the risk of community spread of COVID-19 through person-to-person contact is magnified when people congregate together; and WHEREAS, if COVID-19 continues to spread at the current rate, the available medical facilities will be stressed and eventually overloaded with critical patients; and WHEREAS, as of 12 noon on April 13, 2020, there have been 654 confirmed cases of COVID19 within Minnehaha County, 578 of which are active (i.e., the individual is not yet considered to have recovered); and WHEREAS, as of 12 noon on April 13, 2020, there have been 50 confirmed cases of COVID-19 within Lincoln County, 29 of which are active; and WHEREAS, as of 12 noon on April 13, 2020, there have been 868 confirmed cases of COVID19 within the state of South Dakota, 661 of which are active; and WHEREAS, the Centers for Disease Control and Prevention (“CDC”) recommend certain actions for the preparation and mitigation of community transmission of COVID-19, including, but not limited to, social distancing measures and restricting the size of gatherings; and WHEREAS, it is critical that all persons located in the City of Sioux Falls, South Dakota, whether residents or visitors, shelter at home, unless providing an essential service, seeking health care, engaging in life sustaining activities or activities that support life sustaining activities; and WHEREAS, it is critical that all persons engage in all available health measures, including hand washing, maintaining a safe distance of at least six feet from other people in public, isolating themselves if ill, only purchasing supplies necessary for personal use, and remaining calm; and WHEREAS, we are a caring, noble community able to rise to the challenge of these times as we come together as a community and care for one another's life and well-being above our own personal comfort or convenience; and WHEREAS, these measures are necessary in order to protect, preserve, and promote the general health, safety, and welfare of the public; and WHEREAS, SDCL 9-32-1 confers upon municipalities the power to do what may be necessary or expedient for the promotion of health or the suppression of disease; and 2 37 Page 2 of 47 WHEREAS, the City of Sioux Falls has established a Board of Health and prescribed its powers pursuant to SDCL 9-32-2; and WHEREAS, Section 92.053 of the Code of Ordinances of the City of Sioux Falls, SD, confers upon the Sioux Falls Board of Health full power to take all steps and use all measures necessary to promote the general cleanliness and healthfulness of the city and the general health and wellbeing of the people and community served, and to adopt any regulations, rules, or measures deemed advisable to carry out such charges; and WHEREAS, the Sioux Falls Board of Health convened an emergency meeting on April 15, 2020 and unanimously recommends approval of the “Stay at Home” Regulations; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF SIOUX FALLS, SD: Section 1: Stay at Home Mandated Effective immediately upon publication on April 24, 2020, residents of and visitors to Sioux Falls shall stay at home or a place of residence if possible, except to work in a critical infrastructure sector job or to conduct essential activities, both as defined herein. A “critical infrastructure sector job” is one listed below or in the attachment to the U.S. Department of Homeland Security, Cybersecurity and Infrastructure Security Agency (CISA) Memorandum on Identification of Essential Critical Workers During COVID-19 Response, updated March 28, 2020, attached hereto as Exhibit A and incorporated herein by reference. The following are “critical infrastructure sector jobs” for purposes of this Ordinance: • • • • • Construction workers who support the construction, operation, inspection, and maintenance of construction sites and construction projects (including housing construction) Workers such as plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, construction material sources, and essential operation of construction sites and construction projects Professional services, such as legal or accounting services, insurance services, real estate services (including appraisal, home inspection, and title services), and veterinary services, inclusive of support staff. Employees of biotech companies Employees of financial institutions such as banks, credit unions, and insurance companies For purposes of this Ordinance, homes or places of residence include apartments, hotels, motels, shared rental units, dormitories, shelters, long-term care facilities, and similar facilities where a person may presently reside. 3 38 Page 3 of 47 Section 2: Prohibition on Non-Essential Activities; Exception for Essential Activities; and Definition of Essential Activities Non-essential activities are prohibited during the effective dates of this Ordinance, including any extensions thereof. Non-essential activities are all activities not listed as essential. Essential activities, and persons engaged in or pursuing essential activities, are an exception to the prohibition set forth herein. Essential activities are: 1) working in a critical infrastructure sector job, or traveling to or from such job; 2) complying with an order of law enforcement or court, or for legally-mandated government purposes; 3) conducting essential errands (including, by way of example and not limitation, obtaining medication, groceries, gasoline, and personal hygiene items) for themselves and their family or household members or persons who are unable to or who should not leave their home (e.g., Vulnerable Individuals who are either adults over the age of sixty-five (65) and people of any age who have serious underlying medical conditions), or to deliver those services or supplies to others; 4) engaging in activities, performing tasks, or obtaining supplies essential to their health and safety, or to the health and safety of their family, those living in their residence, or pets; 5) visiting a healthcare or behavior healthcare professional. Individuals should rely on telehealth options whenever feasible; 6) obtaining supplies needed to work from home; 7) engaging in the minimum necessary activities to maintain the value of their business’s inventory, ensure security, process payroll and employee benefits, or other related functions for those business that are not part of the critical infrastructure sector; 8) engaging in outdoor activity, including visiting public parks, (for example, walking, biking, hiking, running, tennis or golfing), provided that individuals, except those from the same residence, must comply with physical distancing requirements of six feet and any applicable orders from the municipality where the park is located; 9) engaging in drives with other members of one’s household for the purpose of leisure or to travel to or from an essential activity; 10) obtaining food or beverage by means of drive-through or carryout; 11) caring for or transporting a family member in another residence, including transporting children pursuant to an existing parent time schedule or for other visitations pertaining to a child in need of protective services; 12) transporting children or dependents for childcare purposes as necessary to allow the parent or caregiver to work in a critical infrastructure job; 13) relocating to another residence; 14) leaving their home or residence to stay at a safe alternative location in the event their home or residence is or becomes unsafe, including without limitation, victims of domestic violence; 15) traveling to and from educational institutions for purposes of receiving materials for distance learning, for receiving meals, or any other related services. 4 39 Page 4 of 47 Section 3: Businesses All business are encouraged to remain open, and to the greatest extent feasible, all businesses shall comply with physical distancing requirements, including, but not limited to, maintaining six feet of physical distance between people, both employees and the general public; using technology whenever possible to avoid meeting in person, including virtual meetings and teleconference; off-setting shift hours and/or days; ensuring employees exhibiting symptoms of COVID-19 are excluded from the workplace; implementing a policy of no longer shaking hands; and requiring employees to conduct work remotely where feasible. Section 4: Quarantine If someone has tested positive for COVID-19, all members of that person’s household shall quarantine at home unless otherwise directed by a medical professional or as necessary to obtain emergency care or services. Members of the household should not go to work, school, or any other community function for a period of 14 days, or such other period as may be recommended by the CDC or a medical professional. Section 5: Homelessness Individuals experiencing homelessness are exempt from the requirements of this Ordinance. Individuals experiencing homelessness are strongly urged to practice appropriate social distancing from other people. Section 6: Prior Ordinances This Ordinance supplements all prior ordinances. Unless specifically repealed, all prior ordinances remain in effect. Unless specifically repealed, this Ordinance remains in effect even if subsequent ordinances are issued. In case of conflict between ordinances, proclamations, or declarations, mandatory language prevails over recommended actions. If there is a conflict in mandatory language between orders, proclamations, or declarations, the latest in time prevails. Section 7: Effective Date and Ending Date This Ordinance is effective immediately upon publication on April 24, 2020 through 11:59 p.m. on May 8, 2020, unless extended or earlier terminated. Section 8: Enforcement and Penalty Anyone in violation of this ordinance is subject to the general penalty provision listed in Section 10.999 of the Code of Ordinances, Sioux Falls, SD. In addition to the penalties provided for in Section 10.999, any person and/or business entity violating the provision of this emergency ordinance may be enjoined from continuing the violation. Notwithstanding the previous sentence, any violation of this emergency ordinance by any business licensed under SDCL Title 35 and Title XI, Chapter 111 of the Code of Ordinances of Sioux Falls, SD, shall, following a hearing as required by SDCL 35-2-11.1, result in a mandatory recommendation to the South Dakota Secretary of Revenue that such business’s license be suspended or revoked for such 5 40 Page 5 of 47 violation. In the event that the hearing requirement of SDCL 35-2-11.1 is waived or otherwise suspended pursuant to gubernatorial action pursuant to SDCL 34-48A-5, then such recommendation will be made without a hearing. Each day a violation of this ordinance is allowed to occur is considered a separate offense. Section 9: Geographic Area of Application This Ordinance shall apply to all locations within the city limits of Sioux Falls as defined in Section 10.003 of the Code of Ordinances of Sioux Falls, SD. Section 10: Severability If any provision of this Ordinance or its application to any person, business, situation, or circumstance is held to be invalid, the remainder of the Ordinance, including the application of the challenged portion in a different situation or circumstance or as applied to a different person or business, shall not be affected and shall continue in full force and effect. Each sentence, clause, section, article, or provision of this Ordinance is severable. Section 11: Immediate Effect This ordinance is hereby declared necessary for the immediate preservation of the public health and shall become effective immediately upon its passage and publication pursuant to SDCL 919-13. Date adopted: . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 6 41 Page 6 of 47 U.S. Department of Homeland Security Cybersecurity & Infrastructure Security Agency Office of the Director Washington, DC 20528 March 28, 2020 ADVISORY MEMORANDUM ON IDENTIFICATION OF ESSENTIAL CRITICAL INFRASTRUCTURE WORKERS DURING COVID-19 RESPONSE FROM: Christopher C. Krebs Director Cybersecurity and Infrastructure Security Agency (CISA) As the Nation comes together to slow the spread of COVID-19, on March 16th the President issued updated Coronavirus Guidance for America that highlighted the importance of the critical infrastructure workforce. The Cybersecurity and Infrastructure Security Agency (CISA) executes the Secretary of Homeland Security’s authorities to secure critical infrastructure. Consistent with these authorities, CISA has developed, in collaboration with other federal agencies, State and local governments, and the private sector, an “Essential Critical Infrastructure Workforce” advisory list. This list is intended to help State, local, tribal and territorial officials as they work to protect their communities, while ensuring continuity of functions critical to public health and safety, as well as economic and national security. Decisions informed by this list should also take into consideration additional public health considerations based on the specific COVID-19-related concerns of particular jurisdictions. This list is advisory in nature. It is not, nor should it be considered, a federal directive or standard. Additionally, this advisory list is not intended to be the exclusive list of critical infrastructure sectors, workers, and functions that should continue during the COVID-19 response across all jurisdictions. Individual jurisdictions should add or subtract essential workforce categories based on their own requirements and discretion. The advisory list identifies workers who conduct a range of operations and services that are typically essential to continued critical infrastructure viability, including staffing operations centers, maintaining and repairing critical infrastructure, operating call centers, working construction, and performing operational functions, among others. It also includes workers who support crucial supply chains and enable functions for critical infrastructure. The industries they support represent, but are not limited to, medical and healthcare, telecommunications, information technology systems, defense, food and agriculture, transportation and logistics, energy, water and wastewater, law enforcement, 42 Page 7 of 47 and public works. State, local, tribal, and territorial governments are responsible for implementing and executing response activities, including decisions about access and reentry, in their communities, while the Federal Government is in a supporting role. Officials should use their own judgment in issuing implementation directives and guidance. Similarly, while adhering to relevant public health guidance, critical infrastructure owners and operators are expected to use their own judgement on issues of the prioritization of business processes and workforce allocation to best ensure continuity of the essential goods and services they support. All decisions should appropriately balance public safety, the health and safety of the workforce, and the continued delivery of essential critical infrastructure services and functions. While this advisory list is meant to help public officials and employers identify essential work functions, it allows for the reality that some workers engaged in activity determined to be essential may be unable to perform those functions because of health-related concerns. CISA will continue to work with our partners in the critical infrastructure community to update this advisory list if necessary as the Nation’s response to COVID-19 evolves. Should you have questions about this list, please contact CISA at CISA.CAT@cisa.dhs.gov. Attachment: “Guidance on the Essential Critical Infrastructure Workforce: Ensuring Community and National Resilience in COVID-19 Response Version 2.0” 43 Page 8 of 47 Guidance on the Essential Critical Infrastructure Workforce: Ensuring Community and National Resilience in COVID-19 Response Version 2.0 (March 28, 2020) THE IMPORTANCE OF ESSENTIAL CRITICAL INFRASTRUCTURE WORKERS Functioning critical infrastructure is imperative during the response to the COVID-19 emergency for both public health and safety as well as community well-being. Certain critical infrastructure industries have a special responsibility in these times to continue operations. This advisory guidance and accompanying list are intended to support state, local, tribal, territorial and industry partners in identifying the critical infrastructure sectors and the essential workers needed to maintain the services and functions Americans depend on daily and that need to be able to operate resiliently during the COVID-19 pandemic response. This document gives advisory guidance on defining essential critical infrastructure workers. Promoting the ability of such workers to continue to work during periods of community restriction, access management, social distancing, or closure orders/directives is crucial to community resilience and continuity of essential functions. CISA will continually solicit and accept feedback on the list and will evolve the list in response to stakeholder feedback. We will also use our various stakeholder engagement mechanisms to work with partners on how they are using this list and share those lessons learned and best practices broadly. Feedback can be sent to CISA.CAT@CISA.DHS.GOV. CONSIDERATIONS FOR GOVERNMENT AND BUSINESS This list was developed in consultation with federal agency partners, industry experts, and State and local officials, and is based on several key principles: 1. Response efforts to the COVID-19 pandemic are locally executed, state managed, and federally supported. 2. Everyone should follow guidance from the CDC, as well as State and local government officials, regarding strategies to limit disease spread. 3. Workers should be encouraged to work remotely when possible and focus on core business activities. Inperson, non-mandatory activities should be delayed until the resumption of normal operations. 4. When continuous remote work is not possible, businesses should enlist strategies to reduce the likelihood of spreading the disease. This includes, but is not necessarily limited to, separating staff by off-setting shift hours or days and/or social distancing. These steps can preserve the workforce and allow operations to continue. 5. All organizations should implement their business continuity and pandemic plans or put plans in place if they do not exist. Delaying implementation is not advised and puts at risk the viability of the business and the Linkedin.com/company/cybersecurityand-infrastructure-security-agency CONNECT WITH US www.cisa.gov For more information, email CISA.CAT@cisa.dhs.gov @CISAgov @cyber @uscert_gov 44 Page 9 of 47 Facebook.com/CISA Essential Critical Infrastructure Workforce health and safety of the employees. 6. Reliance on technology and just-in-time supply chains means that certain workers must be able to access certain sites, facilities, and assets to ensure continuity of functions. 7. Government employees, such as emergency managers, and the business community need to establish and maintain lines of communication. 8. When government and businesses engage in discussions about essential critical infrastructure workers, they need to consider the implications of business operations beyond the jurisdiction where the asset or facility is located. Businesses can have sizeable economic and societal impacts as well as supply chain dependencies that are geographically distributed. 9. Whenever possible, jurisdictions should align access and movement control policies related to critical infrastructure workers to lower the burden of workers crossing jurisdictional boundaries. IDENTIFYING ESSENTIAL CRITICAL INFRASTRUCTURE WORKERS The following list of identified essential critical infrastructure workers is intended to be overly inclusive reflecting the diversity of industries across the United States. Linkedin.com/company/cybersecurityand-infrastructure-security-agency CONNECT WITH US www.cisa.gov For more information, email CISA.CAT@cisa.dhs.gov @CISAgov @cyber @uscert_gov 45 Page 10 of 47 Facebook.com/CISA Essential Critical Infrastructure Workforce HEALTHCARE / PUBLIC HEALTH • Workers who perform critical clinical research, development, and testing needed for COVID-19 response. • Healthcare providers and Caregivers including physicians, dentists, psychologists, mid-level practitioners, nurses and assistants, infection control and quality assurance personnel, pharmacists, physical and occupational therapists and assistants, social workers, optometrists, speech pathologists, chiropractors, and diagnostic and therapeutic technicians and technologists. • Hospital and laboratory personnel (including accounting, administrative, admitting and discharge, engineering, epidemiological, source plasma and blood donation, food service, housekeeping, medical records, information technology and operational technology, nutritionists, sanitarians, respiratory therapists, etc.). • Workers in other medical and biomedical facilities (including Ambulatory Health and Surgical, Blood Banks, Clinics, Community Mental Health, Comprehensive Outpatient rehabilitation, End Stage Renal Disease, Health Departments, Home Health care, Hospices, Hospitals, Long Term Care, Nursing Care Facilities, Organ Pharmacies, Procurement Organizations, Psychiatric Residential, Rural Health Clinics and Federally Qualified Health Centers, and retail facilities specializing in medical good and supplies). • Manufacturer workers for health manufacturing (including biotechnology companies), materials and parts suppliers, logistics and warehouse operators, distributors of medical equipment (including those who test and repair), personal protective equipment (PPE), isolation barriers, medical gases, pharmaceuticals (including materials used in radioactive drugs), dietary supplements, blood and blood products, vaccines, testing materials, laboratory supplies, cleaning, sanitizing, disinfecting or sterilization supplies, and tissue and paper towel products. • Public health / community health workers, including those who compile, model, analyze and communicate public health information. • Blood and plasma donors and the employees of the organizations that operate and manage related activities. • Workers who manage health plans, billing, and health information, who cannot practically work remotely. • Workers who conduct community-based public health functions, conducting epidemiologic surveillance, compiling, analyzing and communicating public health information, who cannot practically work remotely. • Workers performing information technology and cybersecurity functions at healthcare and public health facilities, who cannot practically work remotely. • Workers performing security, incident management, and emergency operations functions at or on behalf of healthcare entities including healthcare coalitions, who cannot practically work remotely. • Pharmacy employees necessary to maintain uninterrupted prescription filling. • Workers performing mortuary funeral, cremation, burial, cemetery, and related services, including funeral homes, crematoriums, cemetery workers, and coffin makers. • Workers who coordinate with other organizations to ensure the proper recovery, handling, identification, transportation, tracking, storage, and disposal of human remains and personal effects; certify cause of death; and facilitate access to mental/behavioral health services to the family members, responders, and survivors of an incident. Linkedin.com/company/cybersecurityand-infrastructure-security-agency CONNECT WITH US www.cisa.gov For more information, email CISA.CAT@cisa.dhs.gov @CISAgov @cyber @uscert_gov 46 Page 11 of 47 Facebook.com/CISA Essential Critical Infrastructure Workforce LAW ENFORCEMENT, PUBLIC SAFETY, AND OTHER FIRST RESPONDERS • Public, private, and voluntary personnel (front line and management) in emergency management, law enforcement, fire and rescue services, emergency medical services, and private security, to include public and private hazardous material responders, air medical service providers (pilots and supporting technicians), corrections, and search and rescue personnel. • 911 call center employees and Public Safety Answering Points who can’t perform their duties remotely. • Fusion Center employees. • Workers – including contracted vendors -- who maintain, manufacture, or supply equipment and services supporting law enforcement emergency service and response operations (to include electronic security and life safety security personnel). • Workers supporting the manufacturing of safety equipment and uniforms for law enforcement, public safety personnel, and first responder. • Workers supporting the operation of firearm or ammunition product manufacturers, retailers, importers, distributors, and shooting ranges. • Public agency workers responding to abuse and neglect of children, elders, and dependent adults. • Workers who support weather disaster / natural hazard mitigation and prevention activities. • Security staff to maintain building access control and physical security measures. FOOD AND AGRICULTURE • Workers supporting groceries, pharmacies, convenience stores, and other retail (including unattended and vending) that sells human food, animal/pet food and pet supply, and beverage products, including retail customer support service and information technology support staff necessary for online orders, pickup and delivery. • Restaurant carry-out and quick serve food operations, including dark kitchen and food prep centers, and carryout and delivery food employees. • Food manufacturer employees and their supplier employees—to include those employed in food ingredient production and processing facilities; livestock, poultry, seafood slaughter facilities; pet and animal feed processing facilities; human food facilities producing by-products for animal food; beverage production facilities; and the production of food packaging. • Farmers, farm workers, and agribusiness support services to include those employed in auction and sales: grain and oilseed handling, processing and distribution; animal food, feed, and ingredient production, packaging, and distribution; manufacturing, packaging, and distribution of veterinary drugs; truck delivery and transport; farm and fishery labor needed to produce our food supply domestically and for export. • Farmers, farm workers, support service workers, and their supplier employees to include those engaged in producing and harvesting field crops; commodity inspection; fuel ethanol facilities; biodiesel and renewable diesel facilities; storage facilities; and other agricultural inputs. • Employees and firms supporting the distribution of food, feed, and beverage and ingredients used in these products, including warehouse workers, vendor- managed inventory controllers and blockchain managers. • Workers supporting the sanitation and pest control of all food manufacturing processes and operations from wholesale to retail. • Employees in cafeterias used to feed employees, particularly employee populations sheltered against COVID-19. • Workers in animal diagnostic and food testing laboratories in private industries and in institutions of higher education. Linkedin.com/company/cybersecurityand-infrastructure-security-agency CONNECT WITH US www.cisa.gov For more information, email CISA.CAT@cisa.dhs.gov @CISAgov @cyber @uscert_gov 47 Page 12 of 47 Facebook.com/CISA Essential Critical Infrastructure Workforce • Government, private, and non-governmental organizations’ workers essential for food assistance programs (including school lunch programs) and government payments. • Employees of companies engaged in the production, storage, transport, and distribution of chemicals, medicines, vaccines, and other substances used by the food and agriculture industry, including seeds, pesticides, herbicides, fertilizers, minerals, enrichments, and other agricultural production aids. • Animal agriculture workers to include those employed in veterinary health (including those involved in supporting emergency veterinary or livestock services); raising of animals for food; animal production operations; livestock markets; slaughter and packing plants, manufacturers, renderers, and associated regulatory and government workforce. • Transportation supporting animal agricultural industries, including movement of animal medical and reproductive supplies and materials, animal vaccines, animal drugs, feed ingredients, feed, and bedding, live animals, animal by-products, and deceased animals for disposal. • Workers who support sawmills and the manufacture and distribution of fiber and forest products, including, but not limited to timber, paper, and other wood and fiber products. • Employees engaged in the manufacture and maintenance of equipment and other infrastructure necessary for agricultural production and distribution. ENERGY • Workers supporting the energy sector, regardless of the energy source (including but not limited to nuclear, fossil, hydroelectric, or renewable), segment of the system, or infrastructure the worker is involved in, or who are needed to monitor, operate, engineer, and maintain the reliability, safety, environmental health, and physical and cyber security of the energy system. • Energy/commodity trading/scheduling/marketing functions, who can't perform their duties remotely. • IT and OT technology for essential energy sector operations including support workers, customer service operations; energy management systems, control systems, and Supervisory Control and Data Acquisition SCADA systems, and energy sector entity data centers; cybersecurity engineers; and cybersecurity risk management. • Workers supporting the energy sector through renewable energy infrastructure (including, but not limited to wind, solar, biomass, hydrogen, ocean, geothermal, and/or hydroelectric), including those supporting construction, manufacturing, transportation, permitting, operation/maintenance, monitoring, and logistics. • Workers and security staff involved in nuclear re-fueling operations. • Providing services related to energy sector fuels (including, but not limited, petroleum (crude oil), natural gas, propane, natural gas liquids, other liquid fuels, nuclear, and coal), supporting the mining, processing, manufacturing, construction, logistics, transportation, permitting, operation/maintenance, security, waste disposal and storage, and monitoring of support for resources. • Environmental remediation/monitoring, limited to immediate critical needs technicians. • Manufacturing and distribution of equipment, supplies, and parts necessary to maintain production, maintenance, restoration, and service at energy sector facilities (across all energy sector segments). Electricity industry: • Workers who maintain, ensure, or restore, or are involved in the development, transportation, fuel procurement, expansion, or operation of the generation, transmission, and distribution of electric power, including call centers, utility workers, engineers, retail electricity, constraint maintenance, and fleet maintenance technicianswho cannot perform their duties remotely. • Workers at coal mines, production facilities, and those involved in manufacturing, transportation, permitting, operation/maintenance and monitoring at coal sites which is critical to ensuring the reliability of the electrical system. Linkedin.com/company/cybersecurityand-infrastructure-security-agency CONNECT WITH US www.cisa.gov For more information, email CISA.CAT@cisa.dhs.gov @CISAgov @cyber @uscert_gov 48 Page 13 of 47 Facebook.com/CISA Essential Critical Infrastructure Workforce • Workers who produce, process, ship and handle coal used for power generation and manufacturing. • Workers needed for safe and secure operations at nuclear generation to include but not limited to, the broader nuclear supply chain, parts to maintain nuclear equipment, fuel manufacturers and fuel components used in the manufacturing of fuel. • Workers at renewable energy infrastructure (including, but not limited to wind, solar, biomass, hydrogen, geothermal, and/or hydroelectric), including those supporting construction, manufacturing, transportation, permitting, operation/maintenance, monitoring, and logistics. Workers at generation, transmission, and electric black start facilities. • • Workers at Reliability Coordinator, Balancing Authorities, and primary and backup Control Centers, including but not limited to independent system operators, regional transmission organizations, and local distribution control centers. • Mutual assistance personnel which may include workers from outside of the state or local jurisdiction. • Vegetation management and traffic control for supporting those crews. • Environmental remediation/monitoring workers limited to immediate critical needs technicians. • Instrumentation, protection, and control technicians. • Essential support personnel for electricity operations. • Generator set support workers such as diesel engineers used in power generation including those providing fuel. Petroleum industry: • Workers for onshore and offshore petroleum drilling operations; platform and drilling construction and maintenance; transportation (including helicopter operations), maritime transportation, supply, and dredging operations; maritime navigation; well stimulation, intervention, monitoring, automation and control, extraction, production; processing; waste disposal, and maintenance, construction, and operations. • Workers for crude oil, petroleum and petroleum product storage and transportation, including pipeline, marine transport, terminals, rail transport, storage facilities and racks and roadtransport for use as enduse fuels such as gasoline, diesel fuel, jet fuel, and heating fuels or feedstocks for chemical manufacturing. • Petroleum and petroleum product security operations center employees and workers who support maintenance and emergency response services. • Petroleum and petroleum product operations control rooms/centers and refinery facilities. • Retail fuel centers such as gas stations and truck stops, and the distribution systems that support them. • Supporting new and existing construction projects, including, but not limited to, pipeline construction. Natural Gas, Natural Gas Liquids (NGL), Propane, and other liquid fuels • Workers who support onshore and offshore drilling operations, platform and drilling construction and maintenance; transportation (including helicopter operations); maritime transportation, supply, and dredging operations; maritime navigation; natural gas and natural gas liquid production, processing, extraction, storage and transportation; well intervention, monitoring, automation and control; waste disposal, and maintenance, construction, and operations. • Transmission and distribution pipeline workers, including compressor stations and any other required, operations maintenance, construction, and support for natural gas, natural gas liquid, propane, and other liquid fuels. • Natural gas, propane, natural gas liquids, and other liquid fuel processing plants, including construction, maintenance, and support operations. • Natural gas processing plants workers, and those that deal with natural gas liquids. • Workers who staff natural gas, propane, natural gas liquids, and other liquid fuel security operations centers, operations dispatch and control rooms/centers, and emergency response and customer emergencies (including leak calls) operations. • Drilling, production, processing, refining, and transporting natural gas for use as end-use fuels, feedstocks for Linkedin.com/company/cybersecurityand-infrastructure-security-agency CONNECT WITH US www.cisa.gov For more information, email CISA.CAT@cisa.dhs.gov @CISAgov @cyber @uscert_gov 49 Page 14 of 47 Facebook.com/CISA Essential Critical Infrastructure Workforce chemical manufacturing, or use in electricity generation. • Dispatch and control rooms and emergency response and customer emergencies, including propane leak calls. • Propane gas service maintenance and restoration, including call centers. • Propane, natural gas liquids, and other liquid fuel distribution centers. • Propane gas storage, transmission, and distribution centers. • • Supporting new and existing construction projects, including, but not limited to, pipeline construction. Ethanol and biofuel production, refining, and distribution. • Workers in fuel sectors (including, but not limited to nuclear, coal, and gas types and liquid fuels) supporting the mining, manufacturing, logistics, transportation, permitting, operation/maintenance, and monitoring of support for resources. WATER AND WASTEWATER Employees needed to operate and maintain drinking water and wastewater/drainage infrastructure, including: • Operational staff at water authorities. • Operational staff at community water systems. • Operational staff at wastewater treatment facilities. • Workers repairing water and wastewater conveyances and performing required sampling or monitoring, including field staff. • Operational staff for water distribution and testing. • Operational staff at wastewater collection facilities. • Operational staff and technical support for SCADA Control systems. • Chemical and equipment suppliers to water and wastewater systems and personnel protection. • Workers who maintain digital systems infrastructure supporting water and wastewater operations. TRANSPORTATION AND LOGISTICS • Employees supporting or enabling transportation functions, including truck drivers, bus drivers, dispatchers, maintenance and repair technicians, warehouse workers, truck stop and rest area workers, Department of Motor Vehicle (DMV) employees, towing/recovery services, roadside assistance workers, intermodal transportation personnel, and workers who maintain and inspect infrastructure (including those that require cross-jurisdiction travel). • Workers supporting the distribution of food, pharmaceuticals (including materials used in radioactive drugs) and other medical materials, fuels, chemicals needed for water or water treatment and energy Maintenance and operation of essential highway infrastructure, including roads, bridges, and tunnels (e.g., traffic operations centers and moveable bridge operators). • Employees of firms providing services, supplies, and equipment that enable warehouse and operations, including cooling, storing, packaging, and distributing products for wholesale or retail sale or use. Includes cold- and frozen-chain logistics for food and critical biologic products. • Mass transit workers and providing critical transit services and/or performing critical or routine maintenance to mass transit infrastructure or equipment. • Employees supporting personal and commercial transportation services – including taxis, delivery services, vehicle rental services, bicycle maintenance and car-sharing services, and transportation network providers. • Workers responsible for operating and dispatching passenger, commuter and freight trains and maintaining rail infrastructure and equipment. • Maritime transportation workers, including dredgers, port workers, mariners, ship crewmembers, ship pilots and tug boat operators, equipment operators (to include maintenance and repair, and maritime-specific medical Linkedin.com/company/cybersecurityand-infrastructure-security-agency CONNECT WITH US www.cisa.gov For more information, email CISA.CAT@cisa.dhs.gov @CISAgov @cyber @uscert_gov 50 Page 15 of 47 Facebook.com/CISA Essential Critical Infrastructure Workforce providers), ship supply, chandler, and repair companies. • • Workers including truck drivers, railroad employees and contractors, maintenance crew, and cleaners supporting transportation of chemicals, hazardous, medical, and waste materials to support critical infrastructure, capabilities, functions, and services, including specialized carriers, crane and rigging industry workers. Bus drivers and workers who provide or support intercity, commuter and charter bus service in support of other essential services or functions. • Automotive repair, maintenance, and transportation equipment manufacturing and distribution facilities (including those who repair and maintain electric vehicle charging stations). • Transportation safety inspectors, including hazardous material inspectors and accident investigator inspectors. • Manufacturers and distributors (to include service centers and related operations) of packaging materials, pallets, crates, containers, and other supplies needed to support manufacturing, packaging staging and distribution operations. • Postal, parcel, courier, last-mile delivery, and shipping and related workers, to include private companies. • Employees who repair and maintain vehicles, aircraft, rail equipment, marine vessels, bicycles, and the equipment and infrastructure that enables operations that encompass movement of cargo and passengers. • Air transportation employees, including air traffic controllers and maintenance personnel, ramp workers, aviation and aerospace safety, security, and operations personnel and accident investigations. • Workers who support the operation, distribution, maintenance, and sanitation, of air transportation for cargo and passengers, including flight crews, maintenance, airport operations, those responsible for cleaning and disinfection, and other on- and off- airport facilities workers. • Workers supporting transportation via inland waterways such as barge crew, dredging, river port workers for essential goods. • Workers critical to rental and leasing of vehicles and equipment that facilitate continuity of operations for essential workforces and other essential travel. • Warehouse operators, including vendors and support personnel critical for business continuity (including HVAC & electrical engineers; security personnel; and janitorial staff) and customer service for essential functions. PUBLIC WORKS AND INFRASTRUCTURE SUPPORT SERVICES • Workers who support the operation, inspection, and maintenance of essential public works facilities and operations, including bridges, water and sewer main breaks, fleet maintenance personnel, construction of critical or strategic infrastructure, traffic signal maintenance, emergency location services for buried utilities, maintenance of digital systems infrastructure supporting public works operations, and other emergent issues. • Workers such as plumbers, electricians, exterminators, builders, contractors, HVAC Technicians, landscapers, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences, businesses and buildings such as hospitals, senior living facilities, any temporary construction required to support COVID-19 response. • Workers who support, such as road and line clearing, to ensure the availability of and access to needed facilities, transportation, energy and communications. • Support to ensure the effective removal, storage, and disposal of residential and commercial solid waste and hazardous waste, including landfill operations. • Workers who support the operation, inspection, and maintenance of essential dams, locks and levees. • Workers who support the inspection and maintenance of aids to navigation, and other government provided services that ensure continued maritime commerce. Linkedin.com/company/cybersecurityand-infrastructure-security-agency CONNECT WITH US www.cisa.gov For more information, email CISA.CAT@cisa.dhs.gov @CISAgov @cyber @uscert_gov 51 Page 16 of 47 Facebook.com/CISA Essential Critical Infrastructure Workforce COMMUNICATIONS AND INFORMATION TECHNOLOGY Communications: • Maintenance of communications infrastructure- including privately owned and maintained communication systems- supported by technicians, operators, call -centers, wireline and wireless providers, cable service providers, satellite operations, Internet Exchange Points, Points of Presence, Network Access Points, back haul and front haul facilities, and manufacturers and distributors of communications equipment. • Government and private sector employees (including government contractors) with work related to undersea cable infrastructure and support facilities, including cable landing sites, beach manhole vaults and covers, submarine cable depots and submarine cable ship facilities. • Government and private sector employees (including government contractors) supporting Department of Defense internet and communications facilities. • Workers who support radio, television, and media service, including, but not limited to front-line news reporters, studio, and technicians for newsgathering, and reporting, and publishing news. • Network Operations staff, engineers and/or technicians to include IT managers and staff, HVAC & electrical engineers, security personnel, software and hardware engineers, and database administrators that manage the network or operate facilities. • Engineers, technicians and associated personnel responsible for infrastructure construction and restoration, including contractors for construction and engineering of fiber optic cables, buried conduit, small cells, other wireless facilities, and other communications sector-related infrastructure. This includes construction of new facilities and deployment of new technology as these are required to address congestion or customer usage due to unprecedented use of remote services. • Installation, maintenance and repair technicians that establish, support or repair service as needed. • Central office personnel to maintain and operate central office, data centers, and other network office facilities, critical support personnel assisting front line employees. • Customer service and support staff, including managed and professional services as well as remote providers of support to transitioning employees to set up and maintain home offices, who interface with customers to manage or support service environments and security issues, including payroll, billing, fraud, logistics, and troubleshooting. • Workers providing electronic security, fire, monitoring and life safety services, and to ensure physical security, cleanliness and safety of facilities and personnel, including temporary licensing waivers for security personnel to work in other States of Municipalities. • Dispatchers involved with service repair and restoration. • Retail customer service personnel at critical service center locations for onboarding customers, distributing and repairing equipment and addressing customer issues in order to support individuals’ remote emergency communications needs, supply chain and logistics personnel to ensure goods and products are on-boarded to provision these front-line employees. • External Affairs personnel to assist in coordinating with local, state and federal officials to address communications needs supporting COVID-19 response, public safety, and national security. Information Technology: • Workers who support command centers, including, but not limited to Network Operations Command Centers, Broadcast Operations Control Centers and Security Operations Command Centers. • Data center operators, including system administrators, HVAC & electrical engineers, security personnel, IT managers and purchasers, data transfer solutions engineers, software and hardware engineers, and database administrators, for all industries (including financial services). Linkedin.com/company/cybersecurityand-infrastructure-security-agency CONNECT WITH US www.cisa.gov For more information, email CISA.CAT@cisa.dhs.gov @CISAgov @cyber @uscert_gov 52 Page 17 of 47 Facebook.com/CISA Essential Critical Infrastructure Workforce • Workers who support client service centers, field engineers, and other technicians and workers supporting critical infrastructure, as well as manufacturers and supply chain vendors that provide hardware and software, support services, research and development, and information technology equipment (to include microelectronics and semiconductors), and HVAC and electrical equipment for critical infrastructure, and test labs and certification agencies that qualify such equipment(to include microelectronics, optoelectronics, and semiconductors) for critical infrastructure, including data centers. • Workers needed to preempt and respond to cyber incidents involving critical infrastructure, including medical facilities, SLTT governments and federal facilities, energy and utilities, and banks and financial institutions, securities/other exchanges, other entities that support the functioning of capital markets, public works, critical manufacturing, food & agricultural production, transportation, and other critical infrastructure categories and personnel, in addition to all cyber defense workers (who can't perform their duties remotely). • Suppliers, designers, transporters and other workers supporting the manufacture, distribution and provision and construction of essential global, national and local infrastructure for computing services (including cloud computing services and telework capabilities), business infrastructure, financial transactions/services, webbased services, and critical manufacturing. • Workers supporting communications systems and information technology- and work from home solutions- used by law enforcement, public safety, medical, energy, public works, critical manufacturing, food & agricultural production, financial services, education, and other critical industries and businesses. • Employees required in person to support Software as a Service businesses that enable remote working, performance of business operations, distance learning, media services, and digital health offerings, or required for technical support crucial for business continuity and connectivity. OTHER COMMUNITY- OR GOVERNMENT-BASED OPERATIONS AND ESSENTIAL FUNCTIONS • Workers to ensure continuity of building functions, including but not limited to security and environmental controls (e.g., HVAC), the manufacturing and distribution of the products required for these functions, and the permits and inspections for construction supporting essential infrastructure. • Elections personnel to include both public and private sector elections support. • Workers supporting the operations of the judicial system. • Federal, State, and Local, Tribal, and Territorial employees who support Mission Essential Functions and communications networks. • Trade Officials (FTA negotiators; international data flow administrators). • Employees necessary to maintain news and media operations across various media. • Employees supporting Census 2020. • Weather forecasters. • Clergy for essential support. • Workers who maintain digital systems infrastructure supporting other critical government operations. • Workers who support necessary credentialing, vetting and licensing operations for critical infrastructure workers. • Customs and immigration workers who are critical to facilitating trade in support of the national emergency response supply chain. • Educators supporting public and private K-12 schools, colleges, and universities for purposes of facilitating distance learning or performing other essential functions. • Staff at government offices who perform title search, notary, and recording services in support of mortgage and real estate services and transactions. Linkedin.com/company/cybersecurityand-infrastructure-security-agency CONNECT WITH US www.cisa.gov For more information, email CISA.CAT@cisa.dhs.gov @CISAgov @cyber @uscert_gov 53 Page 18 of 47 Facebook.com/CISA Essential Critical Infrastructure Workforce • Residential and commercial real estate services, including settlement services. • Workers supporting essential maintenance, manufacturing, design, operation, inspection, security, and construction for essential products, services, and supply chain and COVID 19 relief efforts. CRITICAL MANUFACTURING • Workers necessary for the manufacturing of metals (including steel and aluminum), industrial minerals, semiconductors, materials and products needed for medical supply chains, and for supply chains associated with transportation, energy, communications, information technology, food and agriculture, chemical manufacturing, nuclear facilities, wood products, commodities used as fuel for power generation facilities, the operation of dams, water and wastewater treatment, processing and reprocessing of solid waste, emergency services, and the defense industrial base. Additionally, workers needed to maintain the continuity of these manufacturing functions and associated supply chains, and workers necessary to maintain a manufacturing operation in warm standby. • Workers necessary for the manufacturing of materials and products needed to manufacture medical equipment and personal protective equipment (PPE). • Workers necessary for mining and production of critical minerals, materials and associated essential supply chains, and workers engaged in the manufacture and maintenance of equipment and other infrastructure necessary for mining production and distribution. • Workers who produce or manufacture parts or equipment that supports continued operations for any essential services and increase in remote workforce (including computing and communication devices, semiconductors, and equipment such as security tools for Security Operations Centers (SOCs) or datacenters). HAZARDOUS MATERIALS • Workers who manage hazardous materials associated with any other essential activity, including but not limited to healthcare waste (medical, pharmaceuticals, medical material production), testing operations (laboratories processing test kits), and energy (nuclear facilities) Workers at nuclear facilities, workers managing medical waste, workers managing waste from pharmaceuticals and medical material production, and workers at laboratories processing tests Workers who support hazardous materials response and cleanup. • Workers who maintain digital systems infrastructure supporting hazardous materials management operations. FINANCIAL SERVICES • Workers who are needed to provide, process and maintain systems for processing, verification, and recording of financial transactions and services, including payment, clearing, and settlement; wholesale funding; insurance services; consumer and commercial lending; and capital markets activities). • Workers who are needed to maintain orderly market operations to ensure the continuity of financial transactions and services. • Workers who are needed to provide business, commercial, and consumer access to bank and non-bank financial services and lending services, including ATMs, lending and money transmission, and to move currency, checks, securities, and payments (e.g., armored cash carriers). • Workers who support financial operations and those staffing call centers, such as those staffing data and security operations centers, managing physical security, or providing accounting services. • Workers supporting production and distribution of debit and credit cards. • Workers providing electronic point of sale support personnel for essential businesses and workers. Linkedin.com/company/cybersecurityand-infrastructure-security-agency CONNECT WITH US www.cisa.gov For more information, email CISA.CAT@cisa.dhs.gov @CISAgov @cyber @uscert_gov 54 Page 19 of 47 Facebook.com/CISA Essential Critical Infrastructure Workforce CHEMICAL • Workers supporting the chemical and industrial gas supply chains, including workers at chemical manufacturing plants, workers in laboratories, workers at distribution facilities, workers who transport basic raw chemical materials to the producers of industrial and consumer goods, including hand sanitizers, food and food additives, pharmaceuticals, paintings and coatings, textiles, building materials, plumbing, electrical, and paper products. • Workers supporting the safe transportation of chemicals, including those supporting tank truck cleaning facilities and workers who manufacture packaging items. • Workers supporting the production of protective cleaning and medical solutions, personal protective equipment, disinfectants, fragrances, and packaging that prevents the contamination of food, water, medicine, among others essential. • Workers supporting the operation and maintenance of facilities (particularly those with high risk chemicals and/ or sites that cannot be shut down) whose work cannot be done remotely and requires the presence of highly trained personnel to ensure safe operations, including plant contract workers who provide inspections. • Workers who support the production and transportation of chlorine and alkali manufacturing, single-use plastics, and packaging that prevents the contamination or supports the continued manufacture of food, water, medicine, and other essential products, including glass container manufacturing. DEFENSE INDUSTRIAL BASE • Workers who support the essential services required to meet national security commitments to the federal government and U.S. Military. These individuals include, but are not limited to, space and aerospace; mechanical and software engineers (various disciplines), manufacturing/production workers; IT support; security staff; security personnel; intelligence support, aircraft and weapon system mechanics and maintainers; and sanitary workers who maintain the hygienic viability of necessary facilities. • Personnel working for companies, and their subcontractors, who perform under contract or sub-contract to the Department of Defense, as well as personnel at government-owned/contractor- operated and governmentowned/government-operated facilities, and who provide materials and services to the Department of Defense, including support for weapon systems, software systems and cybersecurity, defense and intelligence communications and surveillance, space systems and other activities in support of our military, intelligence and space forces. COMMERCIAL FACILITIES • Workers who support the supply chain of building materials from production through application/installation, including cabinetry, fixtures, doors, cement, hardware, plumbing, electrical, heating/cooling, refrigeration, appliances, paint/coatings, and employees who provide services that enable repair materials and equipment for essential functions. • Workers supporting ecommerce through distribution, warehouse, call center facilities, and other essential operational support functions. • Workers in hardware and building materials stores, consumer electronics, technology and appliances retail, and related merchant wholesalers and distributors - with reduced staff to ensure continued operations. • Workers distributing, servicing, repairing, installing residential and commercial HVAC systems, boilers, furnaces and other heating, cooling, refrigeration, and ventilation equipment. RESIDENTIAL/SHELTER FACILITIES AND SERVICES • Workers in dependent care services, in support of workers in other essential products and services. Linkedin.com/company/cybersecurityand-infrastructure-security-agency CONNECT WITH US www.cisa.gov For more information, email CISA.CAT@cisa.dhs.gov @CISAgov @cyber @uscert_gov 55 Page 20 of 47 Facebook.com/CISA Essential Critical Infrastructure Workforce • Workers who support food, shelter, and social services, and other necessities of life for needy groups and individuals, including in-need populations and COVID-19 responders (including travelling medical staff). • Workers in animal shelters. • Workers responsible for the leasing of residential properties to provide individuals and families with ready access to available housing. • Workers responsible for handling property management, maintenance, and related service calls who can coordinate the response to emergency “at-home” situations requiring immediate attention, as well as facilitate the reception of deliveries, mail, and other necessary services. • Workers performing housing construction related activities to ensure additional units can be made available to combat the nation’s existing housing supply shortage. • Workers performing services in support of the elderly and disabled populations who coordinate a variety of services, including health care appointments and activities of daily living. • Workers supporting the construction of housing, including those supporting government functions related to the building and development process, such as inspections, permitting and plan review services that can be modified to protect the public health, but fundamentally should continue and serve the construction of housing (e.g., allow qualified private third-party inspections in case of government shutdown). HYGIENE PRODUCTS AND SERVICES • Workers who produce hygiene products. • Workers in laundromats, laundry services, and dry cleaners. • Workers providing personal and household goods repair and maintenance. • Workers providing disinfection services, for all essential facilities and modes of transportation, and supporting the sanitation of all food manufacturing processes and operations from wholesale to retail. • Workers necessary for the installation, maintenance, distribution, and manufacturing of water and space heating equipment and its components. • Support required for continuity of services, including commercial disinfectant services, janitorial/cleaning personnel, and support personnel functions that need freedom of movement to access facilities in support of front-line employees. Linkedin.com/company/cybersecurityand-infrastructure-security-agency CONNECT WITH US www.cisa.gov For more information, email CISA.CAT@cisa.dhs.gov @CISAgov @cyber @uscert_gov 56 Page 21 of 47 Facebook.com/CISA STAY AT HOME REGULATIONS OF THE BOARD OF HEALTH WHEREAS, in December 2019, the novel coronavirus was ?rst identi?ed and since that time has spread throughout the world, including to every state in the United States; and WHEREAS, the first cases of appeared in the United States in January 2020; and WHEREAS, the risk of community spread of has grown exponentially since then; and WHEREAS, on March 11, 2020, the World Health Organization declared a pandemic; and WHEREAS, on March 12, 2020, the Mayor issued Executive Order No. 218 declaring an emergency to address the novel Coronavirus and WHEREAS, on March 13, 2020, the Governor declared an emergency in the state of South Dakota in response to the pandemic; and WHEREAS, on March 23, 2020, the Governor issued Executive Order 2020-08 setting forth guidelines and recommendations regarding personal, business, and healthcare precautions to be taken in response to the pandemic; and WHEREAS, on March 24, 2020, the Governor announced that she recommended that all K-12 schools in South Dakota remain closed until May 1, 2020; and WHEREAS, on April 6, 2020, the Governor announced that K-12 schools should remain closed through the remainder of the school year; and WHEREAS, on April 6, 2020, the Governor issued Executive Order 2020-l2 setting forth requirements regarding personal, business, and healthcare precautions to be taken in response to the pandemic, and Executive Order 2020-l3 requiring Vulnerable Individuals in Minnehaha and Lincoln Counties to stay at home except when working in critical infrastructure jobs and/or conducting essential errands; and WHEREAS, on April 10, 2020, the Secretary of the Department of Health for the State of South Dakota, with the consent and authorization of the Governor, declared a public health emergency to exist within Minnehaha County, South Dakota; and WHEREAS, is continuing to spread across the community with national, state, and local health authorities confirming that person-to-person contact is creating a public health danger; and 517 Page 22 of 47 WHEREAS, the risk of community spread of through person-to-person contact is magni?ed when people congregate together; and WHEREAS, if continues to spread at the current rate, the available medical facilities will be stressed and eventually overloaded with critical patients; and WHEREAS, as of 12 noon on April 13, 2020, there have been 654 con?rmed cases of COVID- 19 within Minnehaha County, 578 of which are active the individual is not yet considered to have recovered); and WHEREAS, as of 12 noon on April 13, 2020, there have been 50 con?rmed cases of within Lincoln County, 29 of which are active; and WHEREAS, as of 12 noon on April 13, 2020, there have been 868 con?rmed cases of COVID- 19 within the state of South Dakota, 661 of which are active; and WHEREAS, the Centers for Disease Control and Prevention (CDC) recommend certain actions for the preparation and mitigation of community transmission of including, but not limited to, social distancing measures and restricting the size of gatherings; and WHEREAS, it is critical that all persons located in the City of Sioux Falls, South Dakota, whether residents or visitors, shelter at home, unless providing an essential service, seeking health care, engaging in life sustaining activities or activities that support life sustaining activities and WHEREAS, it is critical that all persons engage in all available health measures, including hand washing, maintaining a safe distance of at least six feet from other people in public, isolating themselves if ill, only purchasing supplies necessary for personal use, and remaining calm; and WHEREAS, we are a caring, noble community able to rise to the challenge of these times as we come together as a community and care for one another's life and well-being above our own personal comfort or convenience; and WHEREAS, these measures are necessary in order to protect, preserve, and promote the general health, safety, and welfare of the public; and WHEREAS, SDCL 9-32-1 confers upon municipalities the power to do what may be necessary or expedient for the promotion of health or the suppression of disease; and WHEREAS, the City of Sioux Falls has established a Board of Health and prescribed its powers pursuant to SDCL 9-32-2; and WHEREAS, Section 92.053 of the Code of Ordinances of the City of Sioux Falls, SD, confers upon the Sioux Falls Board of Health full power to take all steps and use all measures necessary to promote the general cleanliness and healthfulness of the city and the general health and well- being of the people and community served, and to adopt any regulations, rules, or measures deemed advisable to carry out such charges; and 528 Page 23 of 47 NOW, THEREFORE, the Board of Health hereby adopts the following regulations: Section 1: Stay at Home Mandated Effective immediately, residents of and visitors to Sioux Falls shall stay at home or a place of residence if possible, except to work in a critical infrastructure sector job or to conduct essential activities, both as de?ned herein. A critical infrastructure sector job is one listed below or in the attachment to the US. Department of Homeland Security, Cybersecurity and Infrastructure Security Agency (CISA) Memorandum on Identi?cation of Essential Critical Workers During Response, updated March 28, 2020, attached hereto as Exhibit A and incorporated herein by reference. In addition to the CISA memorandum, the following are critical infrastructure sector jobs for purposes of these Regulations: Construction workers who support the construction, operation, inspection, and maintenance of construction sites and construction projects (including housing construction) Workers such as plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, construction material sources, and essential operation of construction sites and construction projects Professional services, such as legal or accounting services, insurance services, real estate services (including appraisal, home inspection, and title services), and veterinary services inclusive of support staff. Employees of biotech companies Employees of ?nancial institutions such as banks, credit unions, and insurance companies For purposes of these Regulations, homes or places of residence include apartments, hotels, motels, shared rental units, dormitories, shelters, long-term care facilities, and similar facilities where a person may presently reside. Section 2: Prohibition on Non-Essential Activities; Exception for Essential Activities; and De?nition of Essential Activities Non-essential activities are prohibited during the effective dates of these Regulations, including any extensions thereof. Non-essential activities are all activities not listed as essential. Essential activities, and persons engaged in or pursuing essential activities, are an exception to the prohibition set forth herein. Essential activities are: 1) working in a critical infrastructure sector job, or traveling to or from such job; 2) complying with an order of law enforcement or court, or for legally-mandated government purposes; 59 Page 24 of 47 3) conducting essential errands (including, by way of example and not limitation, obtaining medication, groceries, gasoline, and personal hygiene items) for themselves and their family or household members or persons who are unable to or who should not leave their home Vulnerable Individuals who are either adults over the age of sixty-?ve (65) and people of any age who have serious underlying medical conditions), or to deliver those services or supplies to others; 4) engaging in activities, performing tasks, or obtaining supplies essential to their health and safety, or to the health and safety of their family, those living in their residence, or pets; 5) visiting a healthcare or behavior healthcare professional. Individuals should rely on telehealth options whenever feasible; 6) obtaining supplies needed to work from home; 7) engaging in the minimum necessary activities to maintain the value of their inventory, ensure security, process payroll and employee bene?ts, or other related functions for those business that are not part of the critical infrastructure sector; 8) engaging in outdoor activity, including visiting public parks, (for example, walking, biking, hiking, running, tennis or gol?ng), provided that individuals, except those from the same residence, must comply with physical distancing requirements of six feet and any applicable orders from the municipality where the park is located; 9) engaging in drives with other members of ones household for the purpose of leisure or to travel to or from an essential activity; 10) obtaining food or beverage by means of drive-through or carryout; 1 1) caring for or transporting a family member in another residence, including transporting children pursuant to an existing parent time schedule or for other visitations pertaining to a child in need of protective services; 12) transporting children or dependents for childcare purposes as necessary to allow the parent or caregiver to work in a critical infrastructure job; 13) relocating to another residence; 14) leaving their home or residence to stay at a safe alternative location in the event their home or residence is or becomes unsafe, including without limitation, victims of domestic violence; 15) traveling to and from educational institutions for purposes of receiving materials for distance learning, for receiving meals, or any other related services. Section 3: Businesses All business are encouraged to remain open, and to the greatest extent feasible, all businesses shall comply with physical distancing requirements, including, but not limited to, maintaining six feet of physical distance between people, both employees and the general public; using technology whenever possible to avoid meeting in person, including virtual meetings and teleconference; off-setting shift hours and/or days; ensuring employees exhibiting of are excluded from the workplace; implementing a policy of no longer shaking hands; and requiring employees to conduct work remotely where feasible. Section 4: Quarantine 6'0 Page 25 of 47 If someone has tested positive for all members of that persons household shall quarantine at home unless otherwise directed by a medical professional or as necessary to obtain emergency care or services. Members of the household shall not go to work, school, or any other community function for a period of 14 days, or such other period as may be recommended by the CDC or a medical professional. Section 5: Homelessness Individuals experiencing homelessness are exempt from the requirements of these Regulations. Individuals experiencing homelessness are strongly urged to practice appropriate social distancing from other people. Section 6: Prior Regulations These Regulations supplements all prior Regulations. Unless speci?cally repealed, all prior regulations remain in effect. Unless speci?cally repealed, these Regulations remains in effect even if subsequent regulations are issued. In case of con?ict between regulations, mandatory language prevails over recommended actions. If there is a con?ict in mandatory language between regulations, the latest in time prevails. Date adopted: I IS 20 Board mealth Chair ?l Page 26 of 47 CITY OF SIOUX FALLS April 15, 2020 Our COVID-19 Response Priorities 1. Limit and slow down the number and spread of illnesses and deaths. 2. Preserve continuity of community essential functions. 3. Minimize social disruption. 4. Minimize economic impact. 5. Coordinate messaging for the public to keep them informed. 63 Page 28 of 47 COVID-19 Timeline Review • April 3, 2020: Minnehaha County reports first COVID-19-related death. • March 12, 2020: Mayor TenHaken declares state of emergency. City restricts gatherings to no more than 250 in city-owned venues. • April 6, 2020: Mayor TenHaken releases Safer At Home Executive Proclamation • March 13, 2020: Gov. Noem declares state of emergency and closes schools. • April 6, 2020: Gov. Noem issues Executive Orders 2020-12 and 2020-13. Puts in place directions for businesses in the state to limit social gatherings. Vulnerable residents in Minnehaha and Lincoln counties ordered to stay home. • March 13, 2020: President Trump declares state of emergency. • March 17, 2020: City restricts gatherings to no more than 50 in city-owned venues. • March 19, 2020: Gov. Noem issues Executive Order 2020-08 with mitigation recommendations. • April 11, 2020: Gov. Noem and Mayor TenHaken request Smithfield suspend operations for 14-days and continue employee pay and benefits. • March 26, 2020: City Council limits capacity at social gathering establishments. 64 Page 29 of 47 Executive Order 2020-12 • Governor signed April 6, 2020 • Effective until May 31, 2020 • Updates, amends and extends the Governor’s Executive Order 2020-08. The “should” clauses of the previous Executive Order have been changed to “shall” clauses. • Businesses are to encourage teleworking, social distancing, proper cleaning. • Social gathering establishments are to limit capacity. 65 Page 30 of 47 Executive Order 2020-13 • Governor signed April 6, 2020 • Effective until April 27, 2020 • Applies to residents and visitors of Minnehaha and Lincoln counties • Instructs “vulnerable individuals” to stay at home except for essential errands and to work critical infrastructure jobs. 66 Page 31 of 47 0 67 Page 32 of 47 4/30/2020 1,588 4/29/2020 4/28/2020 4 day Linear Projection 4/27/2020 4/26/2020 4/25/2020 4/24/2020 4/23/2020 4/22/2020 4/21/2020 4/20/2020 4/19/2020 4/18/2020 4/17/2020 4/16/2020 4/15/2020 4/14/2020 4/13/2020 4/12/2020 4/11/2020 4/10/2020 4/9/2020 4/8/2020 4/7/2020 4/6/2020 4/5/2020 4/4/2020 4/3/2020 4/2/2020 4/1/2020 3/31/2020 3/30/2020 3/29/2020 3/28/2020 3/27/2020 3/26/2020 3/25/2020 3/24/2020 3/23/2020 3/22/2020 3/21/2020 3/20/2020 3/19/2020 3/18/2020 3/17/2020 25000 3/16/2020 30000 3/15/2020 35000 3/14/2020 40000 3/13/2020 3/12/2020 3/11/2020 3/10/2020 Two County Linear Projection Total 35,115 All Average Doubling 3 day Linear Projection 20000 15000 13,168 10000 5000 3,176 Two County Linear Projection 5000 Total 4500 4,389 4 day Linear Projection 4000 All Average Doubling 3500 3 day Linear Projection 3000 2,881 2500 2000 1500 1,588 1000 500 0 4/7/2020 4/8/2020 4/9/2020 4/10/2020 4/11/2020 4/12/2020 4/13/2020 4/14/2020 68 4/15/2020 4/16/2020 4/17/2020 4/18/2020 Page 33 of 47 4/19/2020 4/20/2020 4/21/2020 Peer Community Comparison Total Number of Cases City Name Cases per 100,000 People 10-Apr-20 11-Apr-20 12-Apr-20 13-Apr-20 14-Apr-20 Omaha 306 323 328 343 Tallahassee 121 143 157 Wichita 186 205 Sioux Falls 397 SF without Smithfield 10-Apr-20 11-Apr-20 12-Apr-20 13-Apr-20 14-Apr-20 352 31.37 33.11 33.63 35.16 36.09 210 213 31.42 37.13 40.76 54.52 55.30 210 215 221 28.84 31.79 32.56 33.34 34.27 484 580 711 830 1,005 149.44 182.19 218.33 267.64 312.44 378.31 207 246 287 361 449 529 77.92 92.60 108.04 135.89 169.02 199.13 Cape Coral 572 598 617 642 657 88.56 92.58 95.53 99.40 101.72 Colorado Springs 562 590 629 656 668 76.05 79.84 85.12 88.78 90.40 Des Moines 210 228 244 260 284 32.04 34.79 37.23 39.67 43.33 Kansas City 1,249 1,342 1,407 1,457 1,524 59.83 64.29 67.40 69.80 73.01 50 51 53 58 58 14.94 15.24 15.84 17.33 17.33 Reno 389 389 389 389 389 91.44 91.44 91.44 91.44 91.44 Durham 884 962 1,087 1,111 1,168 162.89 177.26 200.29 204.71 215.22 Greensboro 447 470 474 514 529 61.76 64.93 65.49 71.01 73.09 Fargo 111 124 147 156 165 45.22 50.52 59.88 63.55 67.22 Dayton 306 326 358 368 375 38.29 40.79 44.79 46.04 46.92 Oklahoma City 748 775 802 826 860 53.56 55.50 57.43 59.15 61.58 Knoxville 263 270 270 278 282 30.28 31.09 31.09 32.01 32.47 Mcallen 146 181 188 190 198 18.84 23.36 24.27 24.52 25.56 Laredo 166 171 191 196 206 26.08 26.86 30.01 30.79 32.36 Lincoln 15-Apr-20 69 Page 34 of 47 15-Apr-20 Per Capita Comparison 1400.00 New York-Newark-Jersey City, NY-NJ-PA MSA 1200.00 1242.45 Minneapolis-St. Paul-Bloomington, MN-WI MSA New Orleans-Metairie, LA MSA 1000.00 1066.72 Sioux Falls, SD MSA Detroit-Warren-Dearborn, MI MSA 800.00 Omaha-Council Bluffs, NE-IA MSA Sioux Falls without Smithfield 600.00 503.72 400.00 379.96 200.00 184.51 36.13 0.00 30.41 Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day Day 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 70 Page 35 of 47 Per Capita Rankings Metropolitan statistical area New York-Newark-Jersey City, NY-NJ-PA MSA Albany, GA MSA Poughkeepsie-Newburgh-Middletown, NY MSA New Orleans-Metairie, LA MSA Bridgeport-Stamford-Norwalk, CT MSA Detroit-Warren-Dearborn, MI MSA East Stroudsburg, PA MSA Trenton-Princeton, NJ MSA Boston-Cambridge-Newton, MA-NH MSA Allentown-Bethlehem-Easton, PA-NJ MSA New Haven-Milford, CT MSA Kingston, NY MSA Scranton–Wilkes-Barre, PA MSA Shreveport-Bossier City, LA MSA Houma-Thibodaux, LA MSA Springfield, MA MSA Sioux Falls, SD MSA Reading, PA MSA Per Capita Rank Cases Per Capita Total Cases Population 1 1,293.01 248,468 19,216,182 2 1,204.56 1,804 149,764 3 1,106.08 7,512 679,158 4 1,066.72 13,553 1,270,530 5 658.62 6,213 943,332 6 503.72 21,759 4,319,629 7 497.44 847 170,271 8 471.11 1,731 367,430 9 437.98 21,343 4,873,019 10 417.17 3,082 738,785 11 414.50 3,543 854,757 12 388.57 690 177,573 13 367.40 2,035 553,885 14 363.31 1,434 394,706 15 360.93 751 208,075 16 313.46 2,186 697,382 17 309.43 830 268,232 18 296.08 1,247 421,164 71 Page 36 of 47 Flatten the Curve uf Without cases Protective Healthcare system capaCIty Measures Time since first case Adapted fram Ecnnomist OF Sioux FALLS Three R’s to COVID-19 Mitigation • Review We will continually review data including total confirmed cases, current spread rate estimates, and hospital capacity. We will also follow data sources on vehicle and mobile device movement in the area in relation to mitigation measure compliance. Economic indexes will also be regularly reviewed. • Reassess Based on the data and input of health care partners, we will assess the efficacy of mitigation measures in place and the sustainability of those actions. • Realign The city will realign its mitigation measures as necessary to balance the public health, economic and societal impacts of COVID-19. 73 Page 38 of 47 Council Action Ordinance 28-20 “No Lingering”: • Expires April 21, 2020 • First reading extends ordinance to May 15, 2020 “Stay At Home”: • Second Reading on April 21, 2020 • Effective April 24 through May 8, 2020 Transit Resolution: • Temporarily adjustments to SAM transit routes 74 Page 39 of 47 Stay at Home Ordinance People are safest when distanced away from others. This ordinance would limit individuals’ movements outside of their home unless they need to leave for essential activities and to work in critical infrastructure sector jobs. 75 Page 40 of 47 Stay at Home Ordinance When is it okay to leave my home? • Critical Infrastructure Work Employees in CISA defined critical infrastructure roles should attend work if healthy. • Health and safety activities Obtaining emergency medical services or supplies. • Outdoor activities Walking, running or biking while maintaining recommended social distance. • Obtain necessary services Getting groceries, medicine, gasoline or carry-out meals. • Care for others Caring for a family member, friend or pet in another household. • Attend funerals Attend a funeral as long as the gathering consists of no more than 10 attendees and the space utilized allows for social distancing. 76 Page 41 of 47 . . Healthnarr: .1. Essential Critical mm. Infrastructure .. H, ranspu Hh?ns Workers Wen-H Ban'un'uunicatians critical Infra-"nation Manurachlring . I11 I .II. II: . [Intense Fundli: Facilities Agriculture Nuclear Flea c?mrs, Ma?rerir-Ils 3c Was?re Government Facilities - DF SIOUX FALLS QUESTIONS PROPOSED AMENDMENTJ:\MEETINGS\041520 CM\5. Res\Res0045.docxS:\AS\Clerk\RES\2020\Res0045.docx 4/14/2020 Notice of Hearing: Date of Hearing: Date Adopted: Date Published: Date Effective: RESOLUTION NO. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, TEMPORARILY REDUCING TRANSIT SERVICES DUE TO THE COVID-19 PANDEMIC. WHEREAS, in December 2019, the novel coronavirus (COVID-19) was first identified and since that time has spread throughout the world, including to every state in the United States; and WHEREAS, the first cases of COVID-19 appeared in the United States in January 2020; and WHEREAS, the risk of community spread of COVID-19 has grown exponentially since then; and WHEREAS, on March 11, 2020, the World Health Organization declared COVID-19 a pandemic; and WHEREAS, on March 12, 2020, the Mayor issued Executive Order No. 218 declaring an emergency to address the novel coronavirus COVID-19; and WHEREAS, on March 13, 2020, the Governor declared an emergency in the state of South Dakota in response to the COVID-19 pandemic; and WHEREAS, on March 23, 2020, the Governor issued Executive Order 2020-08 setting forth guidelines and recommendations regarding personal, business, and healthcare precautions to be taken in response to the COVID-19 pandemic; and WHEREAS, on April 6, 2020, the Governor issued Executive Order 2020-12 setting forth requirements regarding personal, business, and healthcare precautions to be taken in response to the COVID-19 pandemic, and Executive Order 2020-13 requiring “Vulnerable Individuals” in Minnehaha and Lincoln Counties to stay at home except when working in critical infrastructure jobs and/or conducting essential errands; and WHEREAS, on April 10, 2020, the Secretary of the Department of Health for the State of South Dakota, with the consent and authorization of the Governor, declared a public health emergency to exist within Minnehaha County, SD; and WHEREAS, COVID-19 is continuing to spread across the community with national, state, and local health authorities confirming that person-to-person contact is creating a public health danger; and WHEREAS, the risk of community spread of COVID-19 through person-to-person contact is magnified when people congregate together; and WHEREAS, if COVID-19 continues to spread at the current rate, the available medical facilities will be stressed and eventually overloaded with critical patients; and 1 79 Page 44 of 47 PROPOSED AMENDMENTJ:\MEETINGS\041520 CM\5. Res\Res0045.docxS:\AS\Clerk\RES\2020\Res0045.docx 4/14/2020 WHEREAS, as of 12 noon on April 13, 2020, there have been 654 confirmed cases of COVID-19 within Minnehaha County, 578 of which are active (i.e., the individual is not yet considered to have recovered); and WHEREAS, as of 12 noon on April 13, 2020, there have been 50 confirmed cases of COVID-19 within Lincoln County, 29 of which are active; and WHEREAS, as of 12 noon on April 13, 2020, there have been 868 confirmed cases of COVID-19 within the state of South Dakota, 661 of which are active; and WHEREAS, the Centers for Disease Control and Prevention (“CDC”) recommend certain actions for the preparation and mitigation of community transmission of COVID-19, including, but not limited to, social distancing measures and restricting the size of gatherings; and WHEREAS, Sioux Area Metro (SAM) provides all public transit services for the City of Sioux Falls; and WHEREAS, COVID-19 has led to a 65 percent reduction in SAM fixed route ridership since March 9, 2020; and WHEREAS, COVID-19 has led to an 85 percent reduction in SAM Paratransit ridership since March 9, 2020; and WHEREAS, SAM and the City of Sioux Falls can no longer sustain current transit services with 36 percent of its drivers considered “Vulnerable Individuals” pursuant to the Governor’s Executive Order 2020-13; and WHEREAS, SAM and the City of Sioux Falls desire to temporarily reduce transit services to assist in reducing the spread of COVID-19, protecting the drivers and riders, as well as the community as a whole; and WHEREAS, within FTA Region 8 (Denver Region), 34 communities have reduced transit services and 19 have suspended transit services to help reduce the spread of COVID-19; and WHEREAS, in light of the current COVID-19 pandemic and the Governor’s executive orders relating to such pandemic, Amalgamated Transit Union Local Number 1356 has requested and agreed to a reduction of the fixed route service provided by SAM; and WHEREAS, a public meeting of the Public Transit Advisory Board was held on April 15, 2020, during which public input was received and considered, and the Board recommended to temporarily suspend and reduce transit services to help reduce the spread of COVID-19; and WHEREAS, on April 15, 2020 the Sioux Falls Board of Health issued an order to suspend and reduce certain fixed route transit services to help reduce the spread of COVID-19. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. That effective immediately upon passage and publication of this resolution, and continuing until 11:59 p.m. on May 8, 2020,until Governor Noem’s Executive Order 2020-13 (“Stay at Home Order” for people over the age of 65 or for any person with an underlying health condition) is rescinded or 2 80 Page 45 of 47 PROPOSED AMENDMENTJ:\MEETINGS\041520 CM\5. Res\Res0045.docxS:\AS\Clerk\RES\2020\Res0045.docx 4/14/2020 expires, the following changes shall be in effect for Sioux Area Metro transit services in order to help reduce the spread of COVID-19:   All routes will run hourly each weekday, except for Route 11, which will continue to run each half hour. All routes except for Routes 8 and 19 will follow the Saturday time schedule (as printed in the current route brochures) each weekday, with the exception that departure times will begin at 5:45 a.m. instead of 7:45 a.m.  Route 8 will run every hour beginning at 6:15 a.m. each weekday.  Route 19 will run every hour each weekday, departing the Bus Depot at 45 minutes past every hour beginning at 5:45 a.m.  The last route departure time for all route services will be at 6:45 p.m. (no evening service).  Paratransit will similarly run reduced service hours from 5:15 a.m. to 6:45 p.m. (no evening service).  Saturday service will operate pursuant to the normal schedule for both fixed routes and Paratransit.  Routes 3, 4, 6, 7, 8, and 10 shall run hourly service each day beginning at 5:45 a.m. on weekdays and beginning at 7:45 a.m. on Saturdays.  Routes 1, 2, 5, 9, 11 and 19 shall suspend services through May 8, 2020.  A new time schedule shall be made available at www.siouxfalls.org/sam  The last route departure time for all route services shall be at 6:45 p.m. (no evening service).  Paratransit shall maintain current service area boundaries but run reduced service hours from 5:15 a.m. to 6:45 p.m. (no evening service).  Any rider with an essential trip that is temporarily not served by a fixed-route may contact Sioux Area Metro at 367-7151 to apply for limited essential trip services. Essential trips will include service to medical appointments, pharmacies, grocery stores, and critical jobs. Section 2. Immediate Effect: This resolution is hereby declared necessary for the immediate preservation of the public health and shall become effective immediately upon its passage and publication pursuant to SDCL 9-19-13. Date adopted: . Paul TenHaken, Mayor ATTEST: 3 81 Page 46 of 47 PROPOSED AMENDMENTJ:\MEETINGS\041520 CM\5. Res\Res0045.docxS:\AS\Clerk\RES\2020\Res0045.docx 4/14/2020 Thomas Greco, City Clerk 4 82 Page 47 of 47 AN ORDINANCE OF THE CITY OF SIOUX FALLS,... 1st Reading: 2nd Reading: Date Adopted: Date Published: Effective Date: ORDINANCE NO. AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, EXTENDING THE EFFECTIVE DATE OF ORDINANCE NO. 29-20 ADOPTING THE SIOUX FALLS BOARD OF HEALTH SECOND AMENDED AND RESTATED REGULATIONS PERTAINING TO THE NOVEL CORONAVIRUS (COVID-19). WHEREAS, on March 11, 2020, the World Health Organization declared COVID-19 a pandemic; and WHEREAS, on March 12, 2020, the Mayor issued Executive Order No. 218 declaring an emergency to address the novel Coronavirus COVID-19; and WHEREAS, on March 13, 2020, the Governor declared an emergency in the state of South Dakota in response to the COVID-19 pandemic; and WHEREAS, on March 23, 2020, the Governor issued Executive Order 2020-08 setting forth guidelines and recommendations regarding personal, business, and health care precautions to be taken in response to the COVID-19 pandemic; and WHEREAS, on March 24, 2020, the Governor announced that she is recommending that all K-12 schools in South Dakota remain closed until May 1, 2020; and WHEREAS, on March 24, 2020, the Sioux Falls School District has closed all K-12 schools through May 1, 2020; and WHEREAS, as of 12 noon on March 31, 2020, there are 31 confirmed cases of COVID-19 within Minnehaha County; and WHEREAS, as of 12 noon on March 31, 2020, there are 5 confirmed case of COVID-19 within Lincoln County; and WHEREAS, as of 12 noon on March 31, 2020, there are 108 confirmed cases of COVID-19 within the state of South Dakota; and WHEREAS, as of 12 noon on March 31, 2020, there is minimal/moderate community spread of COVID-19 in Lincoln County and substantial community spread of COVID-19 in Minnehaha County; and 1 83 Page 1 of 5 WHEREAS, the Centers for Disease Control and Prevention (“CDC”) recommend certain actions for the preparation and mitigation of community transmission of COVID-19, including, but not limited to, social distancing measures and restricting the size of gatherings; and WHEREAS, SDCL 9-32-1 confers upon municipalities the power to do what may be necessary or expedient for the promotion of health or the suppression of disease; and WHEREAS, the City of Sioux Falls has established a Board of Health and prescribed its powers pursuant to SDCL 9-32-2; and WHEREAS, Section 92.053 of the Code of Ordinances of the City of Sioux Falls, SD, confers upon the Sioux Falls Board of Health full power to take all steps and use all measures necessary to promote the general cleanliness and healthfulness of the city and the general health and wellbeing of the people and community served, and to adopt any regulations, rules, or measures deemed advisable to carry out such charges; and WHEREAS, the Sioux Falls Board of Health convened an emergency meeting on March 26, 2020, and unanimously recommends approval of the Second Amended and Restated Regulations relating to COVID-19; BE IT ORDAINED BY THE CITY OF SIOUX FALLS, SD: Section 1: That the Second Amended and Restated Regulations relating to COVID-19 are hereby adopted as follows: I. Definitions: 1. 2. 3. II. “Social distancing” as used herein shall mean separation of at least 6' between individuals. “Enclosed retail business that promotes public gathering” as used herein shall mean any enclosed facility operating as a bar, restaurant, brewery, café, casino, coffee shop, recreational or athletic facility, health club, or entertainment venue. Such term shall further include any parking lot and/or patio or other outdoor seating area for such facility. “Patron” as used herein shall refer to a customer of the business as defined in subparagraph 2. above, and does not include employees or staff of such business. City-Owned Property: 1. The following City buildings and venues will remain closed to the general public: a. b. c. d. e. f. Denny Sanford PREMIER Center; Sioux Falls Convention Center; Sioux Falls Arena; Orpheum Theater; Washington Pavilion of Arts and Science Midco® Aquatic Center; 2 84 Page 2 of 5 g. h. i. j. k. Great Plains Zoo & Delbridge Museum; Mabel and Judy Jasper Educational Center located at the Mary Jo Wegner Arboretum and East Sioux Falls Historic Site; Falls Park Visitor Center; City Hall, excluding the Mayor’s Office; and City Center Administration Building. 2. Carnegie Hall will continue to be used for public meetings, but will be closed to the public when a public meeting is not in session. The public is encouraged to watch public gatherings remotely in order to allow for proper social distancing as recommended by the Centers for Disease Control and Prevention. 3. The Sioux Falls community centers shall remain closed until the Sioux Falls School District resumes classes. III. Private Businesses: 1. Any enclosed retail business that promotes public gathering shall modify business practices in order to ensure that not more than ten patrons are on the premises for onsite use of the services and/or consumption of the goods at any given time. Such businesses are encouraged to consider utilizing business models that do not involve public gatherings, including takeout, delivery, drive-thru, curbside service, and off-site services. a. The restrictions set forth in the above paragraph shall not apply to the following: i. ii. iii. iv. v. vi. vii. viii. Health care facilities, residential care facilities, congregate care facilities, and correctional facilities; Childcare facilities; Businesses that offer food and beverages solely for off-site consumption, including grocery stores, markets, convenience stores, pharmacies, drug stores, and food pantries, other than the portion of such businesses that are designed and intended for seated, on-site consumption; Hotel/motel room service; Airport concessionaires; Crisis shelters, homeless shelters, churches, soup kitchens, or other similar institutions; Traditional golf courses, but any bar or restaurant associated with a golf course shall abide by the above restrictions; Any emergency facility necessary for the response to the current COVID-19 emergency or any other community emergency or disaster. The businesses and entities identified in this Section III(1)(a) shall take all reasonable measures to ensure social distancing and sanitation is being utilized as is feasible, and comply with federal and state health guidelines in order to prevent the spread of the virus causing COVID-19. Such businesses are further 3 85 Page 3 of 5 encouraged to consider, to the extent applicable and feasible, providing for special access periods for populations particularly vulnerable to COVID-19. b. Nothing herein shall act or be interpreted as authorization for any off-sale alcoholic beverage sales by any licensee in violation of their respective license as defined in SDCL Title 35. 2. The restrictions set forth above do not prohibit an owner, employee, contractor, vendor, or supplier of the above-addressed entities from entering, exiting, using, or occupying that place of business in their professional capacity, so long as procedures are implemented to ensure social distancing to the full extent reasonably possible. 3. The business entity, owner, and supervising manager of any business that refuses to comply with these regulations as adopted by ordinance by the city council shall be deemed to be in violation of the ordinance. 4. All other employers, both for profit and not for profit, within the city of Sioux Falls are urged and encouraged to: a. b. c. d. e. Implement procedures to ensure social distancing between persons as is feasible and to ensure the business or entity operates in compliance with federal and state guidelines to prevent the spread of the virus causing COVID-19; Allow employees and staff to telework if possible; Limit unnecessary work gatherings; Eliminate nonessential travel; and Consider regular health checks including guidance from the CDC for COVID-19 screening if possible. IV. Citizens of Sioux Falls: 1. All individuals within the city of Sioux Falls are urged and encouraged to: a. b. c. d. e. Review and practice the recommended CDC hygiene practices designed to stop the spread of the virus causing COVID-19; Know the signs and symptoms of COVID-19, call a health care provider for instructions if experiencing symptoms of COVID-19, and stay at home if sick; Understand that those who are particularly vulnerable to COVID-19, including those over the age of 60 and those suffering from respiratory or cardiac conditions, should take extra precautions and remain home if possible; Implement social distancing measures and support businesses that are adjusting their business model to reduce the spread of the virus causing COVID-19; and Assist those who work in essential jobs such as emergency personnel, medical professionals, and law enforcement. Section 2. This ordinance shall remain effective until May 15, 2020, unless extended, amended, or terminated by ordinance. 4 86 Page 4 of 5 Section 3. Anyone in violation of this ordinance is subject to the general penalty provision listed in Section 10.999 of the Code of Ordinances, Sioux Falls, SD. In addition to the penalties provided for in Section 10.999, any person and/or business entity violating the provision of this emergency ordinance may be enjoined from continuing the violation. Notwithstanding the previous sentence, any violation of this emergency ordinance by any business licensed under SDCL Title 35 and Title XI, Chapter 111 of the Code of Ordinances of Sioux Falls, SD, shall, following a hearing as required by SDCL 35-2-11.1, result in a mandatory recommendation to the South Dakota Secretary of Revenue that such business’s license be suspended or revoked for such violation. In the event that the hearing requirement of SDCL 35-2-11.1 is waived or otherwise suspended pursuant to gubernatorial action pursuant to SDCL 34-48A-5, then such recommendation will be made without a hearing. Each day a violation of this ordinance is allowed to occur is considered a separate offense. Section 4. Ordinances 26-20, 27-20, and 28-20 and all prior resolutions or ordinances which conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. Section 5. This Ordinance shall apply to all locations within the city limits of Sioux Falls as defined in Section 10.003 of the Code of Ordinances of Sioux Falls, SD. Section 6. Immediate Effect: This ordinance is hereby declared necessary for the immediate preservation of the public health and shall become effective immediately upon its passage and publication pursuant to SDCL 9-19-13. Date adopted: . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 5 87 Page 5 of 5 s:\as\clerk\ord\ord0369.docx 4/6/20 AN ORDINANCE OF THE CITY OF SIOUX FALLS,... 1st Reading: 2nd Reading: Date Adopted: Date Published: Effective Date: ORDINANCE NO. AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 30: CITY COUNCIL; SUBCHAPTER PRESIDING OFFICER; DUTIES. BE IT ORDAINED BY THE CITY OF SIOUX FALLS, SD: Section 1. That Section 30.008 of the Code of Ordinances of Sioux Falls, SD, is hereby amended to read: § 30.008 PRESIDING OFFICER; DUTIES. (a) The presiding officer of the city council meetings shall be the mayor. In the absence of the mayor, the acting mayor shall act as the presiding officer at the city council meetings. The acting mayor may vote on all issues. (b) (1) The city council shall elect a council chair and council vice chair to perform the duties of acting mayor pursuant to city charter § 2.03. The chair and vice chair shall serve a one-year term or until a successor is elected by the city council. Upon the vacancy of the chair position, the duly elected vice chair shall assume the role of chair for the remainder of the term created by the vacancy. In the event of an interim vacancy of vice chair or both chair and vice chair, a special election shall be held in accordance with 30.008(b)(2) to fill the remainder of the term created by the vacancy. The regular election of the city council chair and vice chair shall occur each year on the third Tuesday in May of each year or at the city council meeting that follows the installation ceremony, whichever is later. For the purposes of this section, an installation ceremony is defined as the swearing in of newly elected officials that follows a regular election. The chair or vice chair shall notify the newly elected city council members in a timely manner of the regular election date and time. (2) The election of chair and vice chair shall be conducted as follows: A. The mayor shall not participate in the election. B. The presiding officer opens nominations. C. Nominations shall be made from the floor and shall be seconded. The council members who made and seconded a nomination shall have the opportunity to speak on behalf of their nominee once the presiding officer reads their nomination aloud. D. A nominee can withdraw his/her nomination from consideration at any time. 1 88 Page 1 of 4 s:\as\clerk\ord\ord0369.docx E. 4/6/20 The presiding officer shall close nominations after all nominations are made known. F. After nominations are closed, each nominee will have an opportunity to give an acceptance speech in the order of their nomination. G. Once the nominees have spoken, each council member will have an opportunity to discuss the nominations. H. Voting shall be by roll call vote with each council member stating the name of their preferred nominee. I. A majority of members present will determine the election outcome. J. In case of a tie vote and the tie cannot be broken due to the mayor’s absence or after three attempts, the tie will be broken by the flip of a coin cast by the city clerk upon the floor. One candidate shall be designated head and one candidate shall be designated tails by the presiding officer. (3) If the vice chair is unable to serve as acting mayor, the council chair may designate a city council member to serve as acting mayor in his or her absence. (c) The mayor, or acting mayor, shall preserve strict order and decorum at all regular and special meetings of the city council and confine members in debates to the question under discussion. The mayor, or acting mayor, shall announce the vote on all subjects voted on by the city council. (d) The city clerk, or the clerk’s designee, shall state every question coming before the city council. The mayor, or acting mayor, shall decide all questions of order; subject, however, to an appeal to the city council, in which event a majority vote of the city council shall govern and conclusively determine a question of order. (e) The mayor shall vote only in the case of a tie vote, with his or her name being called last. Date adopted: . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 2 89 Page 2 of 4 s:\as\clerk\ord\ord0369.docx 4/6/20 1st Reading: 2nd Reading: Date Adopted: Date Published: Effective Date: ORDINANCE NO. AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 30: CITY COUNCIL; SUBCHAPTER PRESIDING OFFICER; DUTIES. BE IT ORDAINED BY THE CITY OF SIOUX FALLS, SD: Section 1. That Section 30.008 of the Code of Ordinances of Sioux Falls, SD, is hereby amended to read: § 30.008 PRESIDING OFFICER; DUTIES. (a) The presiding officer of the city council meetings shall be the mayor. In the absence of the mayor, the acting mayor shall act as the presiding officer at the city council meetings. The acting mayor may vote on all issues. (b) (1) The city council shall elect a council chair and council vice chair to perform the duties of acting mayor pursuant to city charter § 2.03. The chair and vice chair shall serve a one-year term or until a successor is elected by the city council. Upon the vacancy of the chair position, the duly elected vice chair shall assume the role of chair for the remainder of the term created by the vacancy. In the event of an interim vacancy of vice chair or both chair and vice chair, a special election shall be held in accordance with 30.008(b)(2) to fill the remainder of the term created by the vacancy. The regular election of the city council chair and vice chair shall occur each year on the third Tuesday in May or at the city council meeting that follows the installation ceremony, whichever is later. For the purposes of this section, an installation ceremony is defined as the swearing in of newly elected officials that follows a regular election. The chair or vice chair shall notify the newly elected city council members in a timely manner of the regular election date and time. (2) The election of chair and vice chair shall be conducted as follows: A. The mayor shall not participate in the election. B. The presiding officer opens nominations. C. Nominations shall be made from the floor and shall be seconded. The council members who made and seconded a nomination shall have the opportunity to speak on behalf of their nominee once the presiding officer reads their nomination aloud. D. A nominee can withdraw his/her nomination from consideration at any time. 1 90 Page 3 of 4 s:\as\clerk\ord\ord0369.docx E. 4/6/20 The presiding officer shall close nominations after all nominations are made known. F. After nominations are closed, each nominee will have an opportunity to give an acceptance speech in the order of their nomination. G. Once the nominees have spoken, each council member will have an opportunity to discuss the nominations. H. Voting shall be by roll call vote with each council member stating the name of their preferred nominee. I. A majority of members present will determine the election outcome. J. In case of a tie vote and the tie cannot be broken due to the mayor’s absence or after three attempts, the tie will be broken by the flip of a coin cast by the city clerk upon the floor. One candidate shall be designated head and one candidate shall be designated tails by the presiding officer. (3) If the vice chair is unable to serve as acting mayor, the council chair may designate a city council member to serve as acting mayor in his or her absence. (c) The mayor, or acting mayor, shall preserve strict order and decorum at all regular and special meetings of the city council and confine members in debates to the question under discussion. The mayor, or acting mayor, shall announce the vote on all subjects voted on by the city council. (d) The city clerk, or the clerk’s designee, shall state every question coming before the city council. The mayor, or acting mayor, shall decide all questions of order; subject, however, to an appeal to the city council, in which event a majority vote of the city council shall govern and conclusively determine a question of order. (e) The mayor shall vote only in the case of a tie vote, with his or her name being called last. Date adopted: . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 2 91 Page 4 of 4 S:\AS\Clerk\ORD\Ord0076.docx 4/7/20 AN ORDINANCE OF THE CITY OF SIOUX FALLS,... 1st Reading: 2nd Reading: Date Adopted: Date Published: Effective Date: ORDINANCE NO. AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, SETTING THE POSTPONED JOINT CITY OF SIOUX FALLS/SIOUX FALLS SCHOOL DISTRICT ELECTION DATE FOR TUESDAY, JUNE 2, 2020, AND AUTHORIZING A JOINT ELECTION WITH MINNEHAHA AND LINCOLN COUNTIES. WHEREAS, in response to the COVID-19 pandemic, House Bill 1298 (hereinafter “the Act”) was enacted in order to address upcoming local elections. The Act mandates that any and all elections scheduled from April 14, 2020, through May 26, 2020, shall be postponed in the interest of public health and safety. The Act requires that any postponed election shall be postponed to any Tuesday in June 2020, as chosen by the governing body of the political subdivision. If a political subdivision chooses to hold its election on the primary election date of June 2, 2020, a combined election must be approved by the county commission in which the political subdivision is located; WHEREAS, on January 7, 2020, the City adopted Ordinance Number 4-20 authorizing a joint election with the Sioux Falls School District (the “Municipal Election”); and WHEREAS, the Municipal Election was required to be postponed until the month of June by the Act; and WHEREAS, the Act requires that the City’s decision to hold its election on June 2, 2020, must be approved by the county commission of any county in which it is located; and WHEREAS, the City of Sioux Falls and the Sioux Falls School District are in both Minnehaha and Lincoln Counties; and WHEREAS, the Act requires that all costs and obligations of a joint election must be agreed upon by the City and any county in which such election lies; and WHEREAS, Section 2.02 of the City Charter states, “The terms of council members shall be four (4) years beginning no later than whichever day the City Council meets during the third week of May following the official canvass of any final council or mayoral election, whichever is later, and shall continue until a successor has been elected and takes office; and WHEREAS, no election will have taken place by the third week of May following the official canvass and thus necessitating the need to set a new term commencement date for council members-elect; 1 92 Page 1 of 2 S:\AS\Clerk\ORD\Ord0076.docx 4/7/20 BE IT ORDAINED BY THE CITY OF SIOUX FALLS, SD: Section 1. Pursuant to the Act, the rescheduled Municipal Election date is set for Tuesday, June 2, 2020, between the hours of 7 a.m. and 7 p.m., and that a joint election may be held with the Counties of Minnehaha and Lincoln, subject to approval of the Minnehaha County Commission and the Lincoln County Commission. Section 2. The costs and obligations arising out of the Municipal Election will be set forth in separate agreements between the City and Minnehaha County and Lincoln County. Section 3. The commencement of the term for council members-elect shall be the third Tuesday in June. Section 4. The City Clerk is hereby directed to give notice of said Municipal Election by causing notices to be published according to law and take all such other steps necessary to conduct the Municipal Election in accordance with law. Section 5. Ordinance 4-20 and all prior resolutions or ordinances which conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. Section 6. Pursuant to SDCL 9-19-13, this Ordinance which calls for an election will take effect upon passage and publication. Date adopted: . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 2 93 Page 2 of 2 S:\AS\Clerk\ORD\Ord0036.docx 4/9/20 AN ORDINANCE OF THE CITY OF SIOUX FALLS,... 1st Reading: 2nd Reading: Date Adopted: Date Published: Effective Date: ORDINANCE NO. AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 5605 S. WESTWIND AVE. FROM THE RS SINGLE-FAMILY RESIDENTIAL—SUBURBAN DISTRICT(S) TO THE RD-1 TWIN HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT, NO. 11816-2020, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. BE IT ORDAINED BY THE CITY OF SIOUX FALLS, SD: Lot 4 of Block 3 in Whispering Woods South Addition to Sioux Falls, Lincoln County, SD, is hereby rezoned from the RS Single-Family Residential—Suburban District(s) to the RD-1 Twin Home/Duplex Residential—Suburban District located at 5605 S. Westwind Ave., and the official zoning map of the City of Sioux Falls is amended to include the rezoning. Date adopted: . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 1 94 Page 1 of 11 :\AS\Clerk\ORD\Ord0036.docx 4/9/20 11816-2020 - REZONE R8 to RD-1 Legend 300' Buffer Rezone Parcel RCD - RD71 MH - - 0: 5-1: 5-2: LW - o1; c4 - DTPUD - AG: REC: CN 5 SOUTHEASTERN AVE 5 WESTWIND AVE CHATHAM ST 925 PageZofll :\AS\Clerk\ORD\Ord0036.docx 4/9/20 RDKO. -vs?awe's?iwfw??evs. . pgu?a?qy? Legend 300'Bu?er Rezone Parcel 96 Page 3 ofll :\AS\Clerk\ORD\Ord0036.docx 4/9/20 11816-2020 - Rezoning Exhibit Existing Zoning Proposed Zoning BREWSTER ST BREWSTER sJACKSON ST CHAT JACKSON ST F- CHATHA 8-2 5.2 R5 RS 3?1 3-1 9?7 Page40f11 :\AS\Clerk\ORD\Ord0036.docx 4/9/20 Concept P?an: - .. 1 - .4- Jaw-r" - FRONT ELEVATION if: It" . i I RIGHT EIEVATIDN BACK ELEVATION 98 Page 5 ofll PLANNING COMMISSION Staff Report Meeting Date: Petition Number: April 1, 2020 11816-2020 Agenda Item: Staff Recommendation: 2A Approval Project Name: Westwind Twin Homes Type of Application: Rezone Applicant: Jeff Shotkoski Owner: SAme Request: REZONE from the RS, Single-Family Residential – Suburban District to the RD-1, Twin Home/Duplex Residential - Suburban District for allowed forms Purpose: Construct 3 twin homes for a total of 6 units General Location: North of E. 69th St. and east of S. Southeastern Ave. Legal Description: Lots 1-4, Block 3, Whispering Woods South Addition Area: 0.74 Acre Existing Zoning: RS, Single-Family Residential - Suburban Existing Land Use/Form: Vacant / Proposed AD1 Form Shape Sioux Falls Designation: Developed Attachments: Zoning and aerial vicinity maps Concept Plan City Council Meeting: 1st Reading: April 21, 2020 2nd Reading: May 5, 2020 ABUTTING ZONING AND LAND USES: Direction North: South: West: East: Current Zoning RS. Single-Family RS, Single-Family O, Office RS, Single-Family Surrounding Land Uses Single-Family Vacant Offices Single-Family Compatibility* 4 NA 4 4 *Compatibility rankings range from 5 as the most compatible to 1 as the least compatible and are scored based upon the proposed zoning district. Summary of Zoning District Compatibility – see Exhibit 4.A of the Shape Sioux Falls 2040 Comprehensive Plan for more information 5 – Compatible – No 4 – Compatible (minor 3 – Potential 2 – Medium 1 – High Incompatibility additional minimum conflicts) – minimal Incompatibility – Incompatibility – – development is standards needed. conflicts could exist conflicts could exist significant conflicts incompatible and that can be addressed that can be addressed exist that require large requires lots of with additional with increased areas of buffer to help additional requirements. additional reduce conflict. documentation, buffer requirements. yard, and design to reduce conflict. 99 Page 6 of 11 The Applicant is proposing to rezone approximately 0.74 acres from the RS, Single-Family Residential – Suburban District to the RD-1, Twin Home/Duplex Residential - Suburban District for allowed forms. The existing 4 lots will be replatted into 3. A twin home will be constructed on each of the 3 lots, for a total of 6 units. ZONING DISTRICT ACREAGE/LOTS SUMMARY District RS RD-1 TOTAL Existing .74 0 .74 Proposed 0 .74 .74 Lots 4 3 3 PROPOSED REGULATIONS/STANDARDS: 160.022 Twin Home/Duplex Residential-Suburban (RD-1)  Primary Form—AD1 (Attached Dwelling – Suburban Twin home/Duplex)  Secondary Form(s)— DD2 (Detached Dwelling –Suburban), AD2 (Attached DwellingSuburban Four-Unit Townhome), NF1 (Neighborhood Facilities), UT1 (Basic Utilities) SITE DESCRIPTION:       Location: North of E. 69th St. and east of S. Southeastern Ave. Current Land Uses/Form: Vacant / Proposed AD1 Form Existing Corridor Development Pattern: S. Southeastern Ave. is classified as a limited access arterial st. Accessibility: The twin homes will have access to S. Westwind Ave. Proximity to Parks, Open Space & Schools: o Horizon Elementary School – ½ mile Physical Characteristics: The site is ready for development. PUBLIC AGENCIES & INFRASTRUCTURE COMMENTS:  Police/Fire/ Zoning: Provided a review of all available information and did not have   any concerns or comments to add at this time. Traffic: With the increase in Zoning an additional 7’ of right-of-way will be need on Chatham at the time of the replat Water: Current water stub outs are for 4 single-family homes. Each twinhome unit will need its own sewer/water service. Utility work will probably be needed. LAND USE AND COMPREHENSIVE PLAN ANALYSIS: The proposed Twin Home/Duplex Residential-Suburban zoning meets the Shape Sioux Falls Comprehensive Plan. The twin homes will provide a good transition from the limited access arterial st. (S. Southeastern Ave.) to the existing single-family homes to the east. If the rezoning is denied the parcel will continue to be zoned as RS, Single-Family Residential – Suburban District and single-family can be constructed. If the rezoning is approved the applicant can construct twin homes adjacent to S. Southeastern Ave. RECOMMENDATION: Because the subject application is consistent with the Shape Sioux Falls Comprehensive Plan recommends approval of this rezoning. Page 2 of 2 100 Page 7 of 11 11816-2020 - REZONE R3 to RBI-1 Legend aw Buffer .Reinne Pawel FICD - RD-E: Fro-1 NIH - Run-I; Fun-3 - 5-1; 5-2: Lw - Ill-P: - PDPUDNPUD: n?rpun - CH 5 SOUTHEASTERN AVE 5 WESTWIND AVE Page 8 ofll 11816-2020 - REZONE SOUTH EASTERN JACKSON U'l If; 11316-2020 - Rezoning Exhibit Existing Zoning 5 WESTWIMD 5T 5 SOUTHEASTERN AVE [Proposed Zoning SWESTWINDAUE Page 10 of11 BREWSTER 5T Concept Plan: .IH FRONT ELEVATION BACK ELEVATIDN 3 3415' .4- 1?4" us RIGHT ELEVATION 104 Page 110f11 S:\AS\Clerk\ORD\Ord0035.docx 4/8/20 AN ORDINANCE OF THE CITY OF SIOUX FALLS,... 1st Reading: 2nd Reading: Date Adopted: Date Published: Effective Date: ORDINANCE NO. AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING PROPERTY LOCATED AT 411 W. 12TH ST. FROM THE RT-2 TOWNHOME RESIDENTIAL— TRADITIONAL DISTRICT TO THE C-2 COMMERCIAL—NEIGHBORHOOD AND STREETCAR DISTRICT, NO. 11784-2020, AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. BE IT ORDAINED BY THE CITY OF SIOUX FALLS, SD: Lot 3 & Lot 4 of Block 8 in Folsom’s Addition to the City of Sioux Falls, Minnehaha County, SD, is hereby rezoned from the RT-2 Townhome Residential—Traditional District to the C-2 Commercial—Neighborhood and Streetcar District located at 411 W. 12th St., and the official zoning map of the City of Sioux Falls is amended to include the rezoning. Date adopted: . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 1 105 Page 1 of 12 4/8/20 11784-2020 - REZONE RT-2 to C-2 RT-2 12TH ST 13TH ST m9 3'8 Legend 300' Buffer Rezone Parcel RCD - RD71 MH - - LW - 071;:372; c4 AP: I-1: I-2 - DTPUD - AG: REC: CN 5 SPRING AVE 5 MINNESOTA AVE 196 Page 2 of 12 4/8/20 11784-2020 - REZONE RTLegend 300' Bu?er Rezone Parcel 167 Page 3 of 12 5 .docx 11784-2020 - Rezoning Exhibit RT-Z Existing Zoning 12TH ST Proposed Zoning 12TH ST 1?8 Page 4 of 12 4/8/20 4/8/20 5 .docx 1:95:1an IIMII II I I . . i l3? r-ru-m 3 . 3 Mu-uqlrum-u Ih'm mum . IF Ire-ll wl' inn?"unm- 3 Concept Plan .I'Ilm?- Site Plan Salk: a 1 .- Page 5 of 12 169 PLANNING COMMISSION Staff Report Meeting Date: Petition Number: April 1, 2020 11784-2020 Agenda Item: Staff Recommendation: 5B Approval Project Name: 12th and Minnesota Avenue Type of Application: Rezone Applicant: Paul Carlson Owner: Julene Edwards Request: REZONE from the C-2 Neighborhood Commercial, RT-2 Residential - Traditional Townhome district(s) to the C-2, Commercial—Neighborhood and Streetcar district for allowed forms. Purpose: To construct a multi-tenant retail building which includes 2nd story residential with two units General Location: S. Minnesota Avenue and W. 12th Street Legal Description: Lot 3 & Lot 4 of Block 8 in Folsom’s Addition to Sioux Falls, Minnehaha County Area: .26 Acres Existing Zoning: RT-2 Residential - Traditional Townhome district and C-2, Commercial—Neighborhood and Streetcar Existing Land Use/Form: Undeveloped Surface Parking Shape Sioux Falls Designation: Regional Employment Center Attachments: City Council Meeting: 1. Zoning and aerial vicinity maps 2. Concept Plan 1st Reading: April 21 2020 2nd Reading: May 5, 2020 ABUTTING ZONING AND LAND USES: Direction North: South: East: West: Current Zoning RT-2, Townhome Residential - Traditional RT-2, Townhome Residential - Traditional/C2, Neighborhood and Street Car C-2, Neighborhood and Street Car RT-2, Townhome Residential - Traditional Surrounding Land Uses 4 and 5 unit dwellings Compatibility* 3 Church Surface Parking Lot 4 Retail Strip Mall 5 Church Surface Parking Lot 4 110 Page 6 of 12 Summary of Zoning District Compatibility – see Exhibit 4.A of the Shape Sioux Falls 2040 Comprehensive Plan for more information 5 – Compatible – No 4 – Compatible (minor 3 – Potential 2 – Medium 1 – High Incompatibility additional minimum conflicts) – minimal Incompatibility – Incompatibility – – development is standards needed. conflicts could exist conflicts could exist significant conflicts incompatible and that can be addressed that can be addressed exist that require large requires lots of with additional with increased areas of buffer to help additional requirements. additional reduce conflict. documentation, buffer requirements. yard, and design to reduce conflict. The applicant is proposing to rezone .26 acres from the C-2 Neighborhood and Streetcar Commercial, RT-2 Townhome Residential-Traditional, to the C-2 Neighborhood and Streetcar Commercial to construct a multi-tenant retail building with residential on the 2nd floor. ZONING DISTRICT ACREAGE/LOTS SUMMARY District C-2 RT-2 Existing .13 .13 Proposed .26 0 Lots 1/2 1/2 TOTAL .26 .26 1 PROPOSED REGULATIONS/STANDARDS: 160.033 – Commercial-Neighborhood and Streetcar (C-2)  Primary Form(s)—RE2 (Streetcar Retail Employment), RE3 (Parking-Oriented Retail Employment)  Secondary Form(s)—UT1 (Basic Utilities), UT2 (Tower Utilities) SITE DESCRIPTION:     Location: Southwest corner of W. 12th Street and S. Minnesota; specifically 411 W. 12th Street Existing Corridor Development Pattern: W. 12th St. is classified as a local while Minnesota Avenue is classified as a principal arterial. Proximity to Parks, Open Space & Schools: o Lyon Park: .5 Miles o Lowell Elementary: .7 Miles o Van Eps Park: .8 Miles Physical Characteristics: The undeveloped site sits near a heavily traveled north/south corridor. CONCEPT PLAN:  Setbacks: Appropriate setbacks of 10’ front/side yard and 0’ per one side due to parking lot is depicted.  Buffer Yard: Level B Buffer yard is required adjacent to AD and either a 2’ berm or 4’ fence and 30 units of landscaping.  Parking: 15 parking spaces are required while only 13 are depicted. 1 per 200’ for multitenant structures.  Landscaping: A level B buffer yard is required that may include 30 units required. Existing trees are located onsite but cannot be counted toward tree requirement if they are ash.  Trash Enclosure: Depicted and shows it is screened/enclosed. PUBLIC AGENCIES & INFRASTRUCTURE COMMENTS:  Police/Fire/Zoning/Drainage/Sewer/: Provided a review of all available information and did not have any concerns or comments to add at this time. o Water: water main is located on north side of W 12th Street and was not stubbed out as redevelopment of the site was not considered o Streets: maintain existing access as it was reconstructed in 2019. LAND USE AND COMPREHENSIVE PLAN ANALYSIS: The proposed zoning meets the spirit and intent of the City’s comprehensive plan. The concept which includes construction of an office/retail and residential uses is in a walkable area in the core of our Page 2 of 3 111 Page 7 of 12 community and is a good fit for the site which sits near an arterial street and local street. Appropriate buffering to adjacent multifamily to the north is included in the concept plan. COMPLETENESS OF THE PLAN: The submitted plan is complete for review by the Planning Commission. RECOMMENDATION: Because the subject application is consistent with the Shape Sioux Falls Comprehensive, staff recommends approval of this rezoning. Page 3 of 3 112 Page 8 of 12 117'84-2020 - REZONE 11TH ST RT-Z to (3-2 Legend aw Buffer I Rezone Funnel - RD-E: Fro-1 NIH - RA-I: Fun-3 - 5-1; 5-2: Lw - Ill-P: - PDPUDNPUD: n?rpun - CH mg: 5 SPRING AVE 5 MINNEEGTA AVE 13TH ST 117'84-2020 - REZONE LU a: u: u. an Legend aun?aurrar I Fla-Inna Parcel 11784-2020 - Rezoning Exhibit Existing Zoning 12TH ST Proposed Zoning 11TH ST Page 11 of 12 Site Plan '0 war Pa ?-IlI-l? w-r Concept Plan hI?IIwrmrI?nu-nm . I . Jun-panK20f12 .. I I S:\AS\Clerk\RES\2020\Res0003.docx 4/9/20 A RESOLUTION OF THE CITY OF SIOUX FALLS,... Notice of Hearing: Date of Hearing: Date Adopted: Date Published: Date Effective: RESOLUTION NO. A RESOLUTION OF THE CITY OF SIOUX FALLS, SD, RESCHEDULING THE BUSINESS OF THE CITY FROM THE SCHEDULED CITY COUNCIL MEETING FOR TUESDAY, JUNE 2, 2020, TO WEDNESDAY, JUNE 3, 2020. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That the business to be conducted at the City Council meeting scheduled for 7 p.m. on Tuesday, June 2, 2020, will be rescheduled to 7 p.m. on Wednesday, June 3, 2020. This resolution is necessary as June 2, 2020, is the date set for the rescheduled City/School Board Election. The corresponding Informational and Committee Meetings will be rescheduled as noted above. Date adopted: . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 117 Page 1 of 1 S:\AS\Clerk\RES\2020\Res0042.docx 3/30/20 A RESOLUTION DECLARING CERTAIN... Notice of Hearing: Date of Hearing: Date Adopted: Date Published: Date Effective: RESOLUTION NO. A RESOLUTION DECLARING CERTAIN EQUIPMENT OF THE CITY SURPLUS AND AUTHORIZING THE GIFTING THEREOF TO MINNEHAHA COUNTY EMERGENCY MANAGEMENT. WHEREAS, the City owns a 2005 Eagle Air Compressor for SCBA filling with the serial number AS10F312EC2R; WHEREAS, pursuant to SDCL 6-5-2, any political subdivision may convey and transfer any real or personal property which is held or owned by it, the title to which has been obtained and which is not held for public use or which is about to be abandoned for public purposes, to another political subdivision or nonprofit corporation for public, charitable, or humanitarian purposes and accommodation without offering the property for sale and without requiring the political subdivision or nonprofit corporation to pay for the property; WHEREAS, pursuant to SDCL 6-13-1, the governing board of a political subdivision may sell, trade, loan, destroy, or otherwise dispose of any land, structures, equipment, or other property which the governing board has, by appropriate motion, determined is no longer necessary, useful, or suitable for the purpose for which it was acquired; WHEREAS, the above-described personal property is no longer necessary, useful, or suitable for the purpose for which it was acquired by the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. The City hereby declares, pursuant to SDCL Chapter 6-13, the 2005 Eagle Air Compressor for SCBA filling with the serial number AS10F312EC2R to be surplus property that is no longer necessary, useful, or suitable for the purpose for which it was acquired; and The gifting by the City of Sioux Falls of the 2005 Eagle Air Compressor for SCBA filling with the serial number AS10F312EC2R to Minnehaha County Emergency Management is hereby approved. Date adopted: . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 118 Page 1 of 1 S:\AS\Clerk\RES\2020\Res0006.docx 4/16/20 A RESOLUTION ADVISING AND GIVING... Notice of Hearing: Date of Hearing: Date Adopted: Date Published: Date Effective: RESOLUTION NO. A RESOLUTION ADVISING AND GIVING CONSENT TO THE APPOINTMENT OF MEMBERS TO CERTAIN CITIZEN BOARDS. BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: That it gives its advice and consent to the following Mayoral appointments: Name Board Term Kristi Metzger Arena/Convention/Entertainment Center Board Reappointed for a term from April 2020 to April 2025. Suzanne Smith Housing & Redevelopment Commission Reappointed for a term from April 2020 to April 2025. Janet Kittams Planning Commission Appointed for a term from April 2020 to April 2025 (to replace Sharon Chontos). Bradyn Neises Planning Commission Appointed for a term from April 2020 to May 2021 (to fill the unexpired term of Andi Anderson). Date adopted: . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 119 Page 1 of 4 MEMORANDUM Date: To: From: Subject: April 16, 2020 City Council Members Mayor Paul TenHaken Citizen Board Appointment Memorandum of Appointment I hereby make the following appointments to citizen boards: Name Board Term Kristi Metzger Arena/Convention/Entertainment Center Board Reappointed for a term from April 2020 to April 2025. Suzanne Smith Housing & Redevelopment Commission Reappointed for a term from April 2020 to April 2025. Janet Kittams Planning Commission Appointed for a term from April 2020 to April 2025 (to replace Sharon Chontos). Bradyn Neises Planning Commission Appointed for a term from April 2020 to May 2021 (to fill the unexpired term of Andi Anderson). 120 Page 2 of 4 pth024-20 MEMORANDUM Date: To: From: Subject: April 16, 2020 Council Member Janet Brekke Council Member Christine Erickson Council Member Rick Kiley Council Member Greg Neitzert Council Member Marshall Selberg Council Member Curt Soehl Council Member Pat Starr Council Member Theresa Stehly Mayor Paul TenHaken Citizen Board Appointments Memorandum of Transmittal Attached are copies of my Memorandum of Appointment and a proposed resolution giving advice and consent to the appointments. The resolution will be on the agenda for the April 21, 2020, City Council meeting. If you have questions, please contact me. Attachments 121 Page 3 of 4 pth023-20 MEMORANDUM Date: To: From: Subject: April 20, 2020 City Council Members Mayor Paul TenHaken Citizen Board Biographical Information Arena/Convention/Entertainment Center Board Kristi Metzger  Reappointment.  Senior VP of wealth management for Great Western Bank.  MBA in business administration from University of Sioux Falls.  Twenty years of experience in the wealth management industry. Housing & Redevelopment Commission Suzanne Smith  Reappointment.  Assistant VP for enterprise data at Augustana University.  Ph.D. in sociology.  Completed 2016 Affordable Housing Needs Assessment with Sioux Falls Thrive and City of Sioux Falls; 2017 evaluation of Bright Futures program; 2019 report on Homeless Advisory Board. Planning Commission Janet Kittams  CEO of Helpline Center.  Master’s degree in counseling from the University of North Dakota; bachelor’s degree in psychology with minor in business administration.  Citizen Planning Academy participant and recent graduate of Leadership South Dakota.  Served as member of the Disability Awareness Commission, REMSA, NAMI South Dakota, and more. Bradyn Neises  Broker associate with Bender Commercial Real Estate.  Bachelor’s degree in business administration from Augustana University.  Five years of experience in commercial real estate.  Advises clients and works through process of rezoning property.  Works with clients to have their development engineering plan approved by the Planning Commission and City Council. 122 Page 4 of 4 pth025-20 NOTICE OF TRANSFER OF APPROPRIATIONS ON... Date: To: From: CC: Subject: April 17, 2020 City Council Mayor Paul TenHaken Shawn Pritchett Notice of Transfer of Appropriations within Major Organizational Units I am reporting the following transfer of budget (pursuant to Executive Order No. 09-08) or appropriations (pursuant to Section 5.07(d) of the Sioux Falls City Charter) within the following departments or organizational units: Department/Fund Transfer To/(From) Project No. Project Description 06014 Street Generators $ 170,000 Centralized Facilities Improvements $ (170,000) 11002 School Park Site Coordination $ 303,000 Highways/Streets/Sales Tax 11013 Source: No further projects identified. SDDOT Project Coordination $ (137,000) Highways/Streets/Sales Tax 11008 Source: No further projects identified. Communications Network Upgrade $ (91,000) Street Lights in Developing Areas $ (75,000) Traffic Signal Improvements $ 100,000 Communications Network Upgrade $ (100,000) Concrete Pavement Restoration $ 100,000 Major Street Reconstruction Program $ (100,000) 57th Street from Western Avenue to Minnesota Avenue $ 400,000 Major Street Reconstruction Program $ (400,000) Asphalt Street Rehabilitation $ 50,000 Major Street Reconstruction Program $ (50,000) Water Purification Building Improvements $ 700,000 Major Street Reconstruction Program $ (700,000) Facilities Management/Sales Tax Explanation: To award a bid. Facilities Management/Sales Tax 06012 Source: This is the funding source for this project. Highways/Streets/Sales Tax Explanation: To award a bid. Highways/Streets/Sales Tax 11027 Source: This is the funding source for this project. Highways/Streets/Sales Tax Explanation: To award a bid. 11010 Highways/Streets/Sales Tax 11008 Source: Funding source for this project. Highways/Streets/Water Explanation: To award a bid. 11001 Highways/Streets/Water 11003 Source: This is the funding source for this project. Highways/Streets/Water Explanation: To award a bid. 11105 Highways/Streets/Water 11003 Source: This is the funding source for this project. Highways/Streets/Water Reclamation Explanation: To award a bid. 11079 Highways/Streets/Water Reclamation 11003 Source: This is the funding source for this project. Water Explanation: 22005 To award a bid. Highways/Streets/Water 11003 Source: This is the funding source for this project. 123 Page 1 of 1 S:\AS\Clerk\RES\2020\Res0046.docx 4/20/20 A RESOLUTION URGING THE SIOUX FALLS... Notice of Hearing: Date of Hearing: Date Adopted: Date Published: Date Effective: RESOLUTION NO. A RESOLUTION URGING THE SIOUX FALLS COMMUNITY TO FOLLOW SAFER AT HOME PRACTICES IN THEIR HOMES, BUSINESSES, AND DAILY LIFE. WHEREAS, the City Council deeply appreciates our citizens as essential; and WHEREAS, the City Council deeply appreciates the efforts that our citizens have put forth to mitigate the spread of COVID-19; and WHEREAS, the City Council deeply appreciates the sacrifice that our employees are making to keep our citizens serviced and safe; and WHEREAS, the City Council deeply appreciates the Sioux Falls business community and the existing efforts taken to mitigate the spread of COVID-19; and WHEREAS, the City Council recognizes the constitutional rights of every citizen; and WHEREAS, the City Council wants to keep all patrons and employees safe; and WHEREAS, on March 11, 2020, the World Health Organization declared COVID-19 a pandemic; and WHEREAS, on March 12, 2020, the Mayor issued Executive Order No. 218 declaring an emergency to address the novel Coronavirus COVID-19; and WHEREAS, on March 13, 2020, the Governor declared an emergency in the state of South Dakota in response to the COVID-19 pandemic; and WHEREAS, on March 23, 2020, the Governor issued Executive Order 2020-08 setting forth guidelines and recommendations regarding personal, business, and health care precautions to be taken in response to the COVID-19 pandemic; and WHEREAS, on March 24, 2020, the Governor announced that she is recommending that all K-12 schools in South Dakota remain closed until May 1, 2020; and WHEREAS, on March 24, 2020, the Sioux Falls School District has closed all K-12 schools through May 1, 2020; and WHEREAS, as of 12 noon on April 16, 2020, there are 1,065 confirmed cases of COVID-19 within Minnehaha County; and WHEREAS, as of 12 noon on April 16, 2020, there are 71 confirmed cases of COVID-19 within Lincoln County; and 1 124 Page 1 of 3 S:\AS\Clerk\RES\2020\Res0046.docx 4/20/20 WHEREAS, as of 12 noon on April 16, 2020, there are 1,311 confirmed cases of COVID-19 within the state of South Dakota; and WHEREAS, as of 12 noon on April 17, 2020, there is substantial community spread of COVID-19 in Lincoln and Minnehaha Counties; and WHEREAS, the Centers for Disease Control and Prevention (“CDC”) recommend certain actions for the preparation and mitigation of community transmission of COVID-19, including, but not limited to, social distancing measures and restricting the size of gatherings; and WHEREAS, SDCL 9-32-1 confers upon municipalities the power to do what may be necessary or expedient for the promotion of health or the suppression of disease; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1: Residents of Sioux Falls are strongly encouraged to: a) Remain in their homes except for occupational requirements and other solitary and/or household outdoor activities for the promotion of physical and emotional well-being, and activities related to the provision of essential commodities and services. b) Limit visits to grocery and retail stores to once per week or use delivery services. c) Residents who participate in organized religious activities are encouraged to do so via remote options as available. d) Choose a designated shopper, when it is necessary to visit grocery and/or retail stores, to do the shopping for the entire household in order to reduce the number of people in the store(s) and remain at least six feet away from others in the store. e) Whenever possible, residents should avoid taking any children still living at home with them on any essential shopping trips. f) Get drive-through, takeout, and delivery from local restaurants in lieu of dining out at restaurants. g) Support local businesses that promote social distancing and demonstrate compliance with CDC guidelines. Section 2: Healthcare. Residents of Sioux Falls should: a) Call ahead to health care providers if feeling sick. b) Attend necessary medical appointments and follow the guidance of their medical providers. c) Use drive-through or delivery services, whenever possible, when needing medication or other necessary items from a pharmacy. 2 125 Page 2 of 3 S:\AS\Clerk\RES\2020\Res0046.docx 4/20/20 Section 3: Safe Practices. Residents of Sioux Falls should continue to practice good respiratory hygiene, cover coughs and sneezes with a tissue or use the inside of their elbow, wash hands often, disinfect surfaces frequently, avoid touching their face, and adhere to social distancing guidelines. Additionally, consistent with current CDC guidance, residents over the age of two who do not have trouble breathing should consider wearing cloth face masks when they are in public areas outside of their homes, such as, by way of example and not limitation, the grocery store or medical clinic. Such masks should not be used as a substitute for social distancing, which is vital for slowing down the spread of COVID-19. Section 4: Mental and Emotional Health. Residents of Sioux Falls are encouraged to: a) Be mindful of their mental health. b) Engage in outdoor activity including but not limited to: walking, hiking, running, or biking, provided that individuals comply with social distancing and all other measures as advised by the CDC. c) Be good neighbors to those around them and help others if able, keeping in mind that it remains critical to use safe practices as recommended by the CDC. d) Support local businesses to the greatest extent possible while abiding by CDC guidelines and this resolution. Section 5: Businesses. Businesses not bound by the limitation of ten or fewer patrons as originally set forth in Ordinance No. 29-20, as amended, are encouraged, whenever possible, to limit their patron and employee occupancy to no more than 20 percent of their posted occupancy and institute a safe social distancing strategy for employees and customers outside of their place of business waiting to enter. Date adopted: . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk 3 126 Page 3 of 3