Agenda - Council - 02/08/2022 - Laserfiche WebLink

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Councilmember Howell stated she was thinking it should be included in the ordinance because if at some point there is a Council that comes along and wants to rescind it there would be a chance for the public to comment on it. She felt that was important. City Attorney Knaak stated that raises an issue. He gave the example of an employee that at a front desk who is requested to provide a public service of some sort. That employee chooses to wear a mask and is concerned enough about their own health that they refuse service. He stated that would be considered discrimination under this ordinance if masking is included in the same way as inoculation. He was unclear how that would work as a practical matter. Councilmember Heineman commented that in previous discussion it was decided that the City wasn't going to utilize resources to enforce the mask mandate. He felt that was different from saying that legal action would be taken. He gave the example of an EMT being required to put on a mask and they would be potentially legally liable for pursuing that, the same with law enforcement. He suggested leaving the masks in the resolution. Mayor Pro Tem Riley commented that based on the attorney, masks shouldn't be included in the ordinance and asked if there was agreement on that. He asked if the ordinance was ok the way it is written. He stated he was not in support of it so he wasn't going to argue it. The consensus of the Council was to accept the ordinance as written. Mayor Pro Tem Riley asked if there were any suggested changes to the resolution. Councilmember Howell expressed concern about the reported number of deaths in the second "where as." Mayor Pro Tem Riley suggested changing it to read "numerous" and asked if that was acceptable. There was Council consensus to accept the change to "numerous." Mayor Pro Tem Riley asked how masks could be incorporated in the resolution. City Attorney Knaak replied he could do some modifications. Mayor Pro Tem Riley asked if there was consensus that the Counsel was satisfied with what was written and if City Attorney Knaak had the needed direction to add a stipulation about the mask mandates. Councilmember Musgrove commented that this encapsulates the direction given by the Council. Mayor Pro Tem Riley commented he likes the resolution because it says that the Council is against mandates and taking a stand but doesn't say what they are or are not going to do. He continued that this will be brought forward on the agenda for the next meeting with the presumption that City Attorney Knaak is going add language about masks to it. City Council Work Session / January 25, 2022 Page 19 of 23