Official Proceedings Minneapolis City Council
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OFFICIAL PROCEEDINGS MINNEAPOLIS CITY COUNCIL REGULAR MEETING OF FEBRUARY 26, 2021 ————— (Published March 6, 2021 in Finance and Commerce) ————— CALL TO ORDER Council President Bender called the meeting to order at 9:30 a.m., a quorum being present. Pursuant to Minnesota Statutes Section 13D.021, the meeting was held by electronic means and Council Members participated remotely due to the local public health emergency (novel coronavirus pandemic) declared on March 16, 2020. Present - Council Members Kevin Reich, Cam Gordon, Steve Fletcher, Phillipe Cunningham, Jeremiah Ellison, Jamal Osman, Lisa Goodman, Andrea Jenkins, Alondra Cano, Lisa Bender, Jeremy Schroeder, Andrew Johnson, Linea Palmisano. Jenkins moved to adopt the agenda. On roll call, the result was: Ayes: Reich, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (12) Noes: (0) Absent: Gordon (1) Adopted. Jenkins moved to accept the minutes of the regular meeting of February 12, 2021. On roll call, the result was: Ayes: Reich, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (12) Noes: (0) Absent: Gordon (1) Adopted. Jenkins moved to refer the peti- tions, communications, and reports to the proper Committees. On roll call, the result was: Ayes: Reich, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (12) Noes: (0) Absent: Gordon (1) Adopted. The following actions, resolutions, and ordinances were signed by Mayor Jacob Frey on March 4, 2021. Minnesota Statutes, Section 331A.01, Subd 10, allows for summary publication of ordi nances and resolutions in the official newspaper of the city. A complete copy of each summarized ordinance and resolution is available for public inspection in the Office of City Clerk. NEW BUSINESS Mayor Jacob Frey submitted a written report relating to the local public health emergency resulting from imminent health conditions caused by the presence of the Coro- navirus Disease (COVID-19), as set forth in Legislative File No. 2021-00102. On direction by Council President Bender, the report was received and filed. Jenkins offered Resolution 2021R-042 amending Resolution 2020R-075 entitled "Approving and extending the Mayor's Declaration of Local Public Health Emergency resulting from imminent health condi tions caused by the presence of the Coronavirus Disease (COVID-19)," adopted March 19, 2020, ratifying and extending Mayoral Regulations 2021-1 and 2021-2. On roll call, the result was: Ayes: Reich, Fletcher, Cunningham, Ellison, Osman, Goodman, Jenkins, Cano, Bender, Schroeder, Johnson, Palmisano (12) Noes: (0) Absent: Gordon (1) Adopted. Mayoral Regulation Nos. 2021-1 and 2021-2 were received and filed, as set forth in Legislative Clerk File No. 2020-00003. PROCLAMATION OF THE MAYOR Emergency Regulation No. 2021-1 Whereas, on March 16, 2020, I declared a local public health emer gency related to the COVID-19 pandemic in the City of Minneapolis and assumed executive responsibilities attendant thereto; and Whereas, on July 29, 2020, I issued Emergency Regulation No. 2020-17, which imposed certain regulations and restrictions on customer service within restaurants, nightclubs, brewpubs, breweries, craft distilleries, taprooms, and other indoor spaces of entertainment; and Whereas, these regulations and restrictions were additional and complimentary to corresponding State of Minnesota gubernatorial executive orders and associated guidance in respect to seating and service at bar counters and bar areas within such licensed estab- lishments; and Whereas, both the City of Minne ap olis and the State of Minnesota report areas of improve- ment in three of the five COVID-19 metrics, including, most notably, new daily positive cases of COVID-19 (seven-day rolling average) trending downward at 10.4 cases per 100,000 tested for Minneap olis and 14.3 cases per 100,000 tested statewide; and Whereas, the positivity rate (percent of tests that are COVID posi tive) has been below five percent for four weeks (two incuba- tion periods), the number of hospi- talizations has stabilized, and no new outbreaks have been identified in Minneapolis food busi- nesses over the past week; and Whereas, City staff, including the leadership of the Minneapolis Health Department and the Department of Community Planning and Economic Development (CPED) concur that the additional Minneapolis specific bar area restrictions imposed by Emergency Regulation No. 2020-17 may be rescinded; and Whereas, the State of Minnesota has imposed robust and well-con- sidered emergency regulations, which will continue to apply within the City of Minneapolis, governing the safe operation of restaurants, bars and food establish ments to encompass and allow for limited bar counter and bar area seating pursuant to established proto cols and social distancing best practices; and Whereas, overall compliance with Emergency Regulation 2020-17 and other applicable restrictions was generally good and the continued need for a more restrictive stance than the state is no longer necessitated from either a public health or economic vitality standpoint; and Whereas, it is a priority that race and equity be of paramount consid- eration in enacting and carrying out emergency regulations during the COVID-19 pandemic; and Whereas, to aid in these efforts, pursuant to the emergency author- i ties vested in the Mayor pursuant to the emergency declaration to make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emer- gency and to adopt protections for the preservation of public health and safety; NOW, THEREFORE, I, Jacob Frey, Mayor of the City of Minne- ap olis, do hereby order the following with respect to Emergency Regulation No. 2020-17: 1. Emergency Regulation No. 2020-17 is hereby rescinded and of no continuing applicability or effect. 2. All applicable executive orders and associated guidance issued by the State of Minnesota relative to the safe operation of restaurants, nightclubs, brewpubs, breweries, craft distilleries, taprooms, and other indoor spaces of entertainment, during the COVID-19 pandemic shall, pursuant to state law, continue to have full force and effect within the City of Minneapolis. Jacob Frey, Mayor of Minneapolis PROCLAMATION OF THE MAYOR Emergency Regulation No. 2021-2 Whereas, on March 16, 2020, I declared a local public health emer gency related to the COVID-19 pandemic in the City of Minneapolis and assumed executive responsibilities attendant thereto; and Whereas, H.R. 6201, signed into law on March 18, 2020, contains the Emergency Paid Sick Leave Act that provides up to 80 hours of emergency paid leave for absences due to illness, quarantine, and school or place of care closure as result of COVID-19; and Whereas, H.R. 6201 contains the Emergency Family and Medical Leave Expansion Act that amends the Family and Medical Leave Act and provides for up to 12 weeks of job-protected leave for absences due to illness, quarantine, and school and place of care closure as a result of COVID-19; and Whereas, City of Minneapolis employees, with certain exceptions including elected officials and certain non-civil service employees, are eligible for the benefits provided by the Emergency Paid Sick Leave Act and the Emergency Family and Medical Leave Expansion Act; and Whereas, H.R. 6201 provides that employers may elect to exclude Emer gency Responders from certain benefits provided under the Emergency Paid Sick Leave Act and the Emergency Family and Medical Leave Expansion Act; and Whereas, subsequent to the issu ance of Emergency Regulation No. 2020-6, the federal government issued substantial guidance inter- preting the scope and operation of the Emergency Paid Sick Leave Act and the Emergency Family and Medical Leave Expansion Act; and Whereas, Emergency Regulation No. 2020-14 amendments promoted operational consistency with Emer gency Paid Sick Leave Act and the Emergency Family and Medical Leave Expansion Act provisions; and Whereas, subsequent to the issu ance of Emergency Regulation No. 2020-14, the City's Emergency Responders experienced COVID-19 exposure at City workplaces neces- si tating isolation and/or quarantine in excess of the Emer- gency Responder Leave #1; and Whereas, Emergency Regulation No. 2020-18 amendments allowed for Emergency Responder access to Emergency Responder Leave #2 when employees are required to isolate or quarantine due to COVID-19 exposure; and Whereas, City departments with large numbers of Emergency Responders such as Police, Fire, and Public Works, cannot accommodate the number of employee leave requests to utilize earned COVID Leave #2 hours by the end of 2022 without incurring significant overtime costs and expe riencing scheduling difficulties; and Whereas, it is necessary and prudent to provide an additional 12 months for departments to schedule and approve the use of COVID Leave #2 earned hours for their employees. NOW, THEREFORE, I, Jacob Frey, Mayor of the City of Minne- ap olis, do hereby amend Emergency Regulation No. 2020-18 to provide that any remaining hours of Leave #2 must be utilized, with supervisor approval, by December 31, 2023. Jacob Frey, Mayor of Minneapolis REPORTS OF STANDING COMMITTEES The BUSINESS, INSPECTIONS, HOUSING & ZONING Committee submitted the following report: On behalf of the Business, Inspections, Housing & Zoning Committee, Goodman offered Ordi- nance 2021-007 amending Title 5, Chapters 85 and 91 of