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HomeMy WebLinkAbout2020_03_23 CC PKTCity Council City of Brookings Meeting Agenda Brookings City Council Brookings City & County Government Center 520 3rd St., Suite 230 Brookings, SD 57006 Phone: (605) 692-6281 Fax: (605) 692-6907 "We are an inclusive, diverse, connected community that fuels the creative class, embraces sustainability and pursues a complete lifestyle. We are committed to building a bright future through dedication, generosity and authenticity. Bring your dreams!" Council Chambers6:00 PMMonday, March 23, 2020 Special Meeting The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse economic base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal management. 6:00 PM SPECIAL MEETING 1. Call to Order / Pledge of Allegiance. 2. Record of Council Attendance. 3. Action to approve the agenda. 4. Open Forum - Releated to COVID-19 emergency response only 5.ORD 20-005 Action on Ordinance 20-005, an Emergency Ordinance to Address a Public Health Crisis by Implementing Certain Measures Which Have Been Deemed Necessary to Slow the Community Spread of Coronavirus (COVID-19). OrdinanceAttachments: Action: Motion to Approve, Request Public Comment, Roll Call 6.RES 20-032 Action on Resolution 20-032, an Emergency Resolution to Authorize the City Manager to utilize Fund Reserves to address the current public health crisis. ResolutionAttachments: Action: Motion to Approve, Request Public Comment, Roll Call Page 1 City of Brookings March 23, 2020City Council Meeting Agenda 7. Adjourn. Brookings City Council: Keith Corbett, Mayor; Patty Bacon, Deputy Mayor Council Members Leah Brink, Dan Hansen, Ope Niemeyer, Holly Tilton Byrne, and Nick Wendell Council Staff: Paul M. Briseno, City Manager Steven Britzman, City Attorney Bonnie Foster, City Clerk View the City Council Meeting Live on the City Government Access Channel 9. Rebroadcast Schedule: Wednesday 1:00pm/Thursday 7:00pm/Friday 9:00pm/Saturday 1:00pm The complete City Council agenda packet is available on the city website: www.cityofbrookings.org Assisted Listening Systems (ALS) are available upon request by contacting (605) 692-6281. If you require additional assistance, alternative formats, and/or accessible locations consistent with the Americans with Disabilities Act, please contact Susan Rotert, City Human Resources Director and ADA Coordinator at (605) 692-6281 at least three working days prior to the meeting. Page 2 City of Brookings City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ORD 20-005,Version:1 Action on Ordinance 20-005, an Emergency Ordinance to Address a Public Health Crisis by Implementing Certain Measures Which Have Been Deemed Necessary to Slow the Community Spread of Coronavirus (COVID-19). Summary: The City of Brookings has the authority pursuant to SDCL 9-29-1 and SDCL 9-32-1 to pass ordinances for the purpose of promoting the health, safety, morals, and general welfare, of the community, and to do what may be necessary for the promotion of health or the suppression of diseases. Background: The City of Brookings Charter Article II, Section 2.14 allows for the passage of Emergency Ordinances on their first reading. Fiscal Impact: Any violation of this ordinance is subject to the general penalty provision in Section 1.08 of the Brookings Municipal Code. Each day a violation of this ordinance is allowed to occur is considered a separate offense. Recommendation: Staff recommends approval. Attachments: Ordinance City of Brookings Printed on 3/23/2020Page 1 of 1 powered by Legistar™ Ordinance 20-005 An Emergency Ordinance to Address a Public Health Crisis by Implementing Certain Measures Which Have Been Deemed Necessary to Slow the Community Spread of Coronavirus (COVID-19). Whereas, the City of Brookings has the authority pursuant to SDCL 9-29-1 and SDCL 9-32-1 to pass ordinances for the purpose of promoting the health, safety, morals , and general welfare, of the community, and to do what may be necessary for the promotion of health or the suppression of diseases; and Whereas, an outbreak of the disease COVID-19, which is caused by the novel coronavirus, has been confirmed in more than 100 countries, including the United States; and Whereas, COVID-19 is a severe respiratory disease transmitted by person-to-person contact, or by contact with surfaces contaminated by the virus. In some cases, especially among older adults and persons with serious underlying health conditions, COVID-19 can result in serious illness requiring hospitalization, admission to an intensive care unit, and death; and Whereas, the World Health Organization (WHO), the Centers for Disease Control and Prevention (CDC), and the Secretary of the U.S. Department of Health and Human Services have declared the outbreak of COVID-19 as a public health emergency; and Whereas, on March 13, 2020, President Donald Trump declared a national emergency in response to the global pandemic of COVID-19; and Whereas, on the same day, Governor Kristi Noem, issued Executive Order 2020-04 which declared a state of emergency to exist in the State of South Dakota in response to the spread of COVID-19; and Whereas, cases of COVID-19 have been confirmed in South Dakota; and Whereas, the CDC and health experts have recommended social distancing to slow the spread of COVID-19; and Whereas, social distancing is a method of slowing down or stopping the spread of a contagious disease by reducing the probability of contact between infected persons and those not infected in order to minimize disease transmission; and Whereas, in response to the need to implement social distancing, all schools in the State of South Dakota have been closed for at least two weeks; and Whereas, on March 16, 2020, the White House issued guidance recommending that social gatherings of more than ten (10) people be avoided, and that people avoid eating or drinking at bars, restaurants and food courts; and Whereas, the guidance issued by the White House further recommended that in states with evidence of community transmission, bars, restaurants, food courts, gyms, and other indoor and outdoor venues where people congregate should be closed; and Whereas, many states and communities across the country have already implemented the White House recommendations by ordering all bars, restaurants, food courts, gyms, and other indoor and outdoor venues where people congregate be closed until the public health emergency is over; and Whereas, the failure to successfully implement social distancing will likely result in higher numbers of infected individuals and has the potential to overwhelm the capacity of the City’s health care providers; and Whereas, it is important that control measures be taken to reduce or slow down the spread of COVID-19 in order to protect the health and safety of the City’s residents, especially for seniors and those with underlying health conditions that make them particularly vulnerable to COVID - 19; and Whereas, the City of Brookings Charter Article II, Section 2.14 allows for the passage of Emergency Ordinances on their first reading. Now, Therefore, Be It Ordained, by the City Council of Brookings that: 1. Effective at 7:00 p.m. Monday, March 23, 2020, all restaurants, food courts, coffee houses, bars, breweries, clubs, cafes and other similar places of public accommodation offering food and beverages for on-site consumption, including any alcohol licensees with on-sale privileges, are closed to on-site/on-sale patrons. These businesses may continue to operate in order to provide take-out, delivery, curbside service, and drive- thru service. Any business continuing to operate in order to provide off-site service should implement procedures to ensure social distancing and operate in com pliance with federal and state health guidance in order to prevent the spread of COVID -19. This closure will remain in effect through Wednesday, April 8, 2020. 2. Effective at 7:00 p.m. Monday, March 23, 2020, all recreational facilities, public pools, health clubs, athletic facilities and theaters, including movie theaters and music or entertainment venues are directed to close and cease operations during this emergency. This closure will remain in effect through Wednesday, April 8, 2020. 3. Effective at 7:00 p.m. Monday, March 23, 2020, all cigar bars, vaping lounges or other similar businesses that allow for on-site consumption are directed to cease allowing on- site consumption, but may continue to offer products for sale to consume off-site under the same conditions as bars and restaurants outlined in paragraph #1. This closure will remain in effect through Wednesday, April 8, 2020. 4. Effective at 7:00 p.m. Monday, March 23, 2020, all arcades, bingo halls, bowling alleys, indoor golf ranges, casinos, indoor climbing facilities, skating rinks, and other similar recreational or entertainment facilities are directed to close and cease operations during this emergency. This closure will remain in effect Wednesday, April 8, 2020. 5. The prohibitions and closures in this order do not apply to the following businesses: a. Places of public accommodation that offer food and beverages for off-site consumption, including grocery stores, markets, retail stores that offer food, convenience stores, pharmacies, drug stores, and food pantries, other than any portion of such business which offer on-site consumption which would be subject to the requirements of paragraph #1. b. Hardware and supply stores. c. Room service in hotels. d. Health care facilities, residential care facilities, congregate care facilities, day care facilities, and correctional facilities. e. Crisis shelters, homeless shelters, soup kitchens, or other similar institutions. f. Any emergency facilities necessary for the response to the current public health emergency or any other community emergency or disaster. g. Official meetings of the city, schools, county, or state. h. The operations and meetings of any state or federal courts. 6. This ordinance shall remain in effect for a period of sixty (60) days, at which time it shall be automatically repealed unless specifically readopted for an additional period of time by the City Council. Any dates identified in the ordinance for closures to automatically end may be adjusted at any time within the sixty (60) day period covered by this ordinance by a resolution of the City Council. 7. Any violation of this ordinance is subject to the general penalty provision in Section 1.08 of the Brookings Municipal Code. Each day a violation of this ordinance is allowed to occur is considered a separate offense. Be It Further Ordained, that, pursuant to SDCL 9-19-13, this ordinance is necessary for the immediate preservation of the public peace, health, safety, and welfare of the City and shall become effective immediately upon passage. Dated this 23rd day of March, 2020. CITY OF BROOKINGS _______________________________ Keith Corbett, Mayor ATTEST: _______________________________ Bonnie Foster, City Clerk (SEAL) City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 20-032,Version:1 Action on Resolution 20-032, an Emergency Resolution to Authorize the City Manager to utilize Fund Reserves to address the current public health crisis. Summary: This is an emergency resolution of the City Council of the City of Brookings, to address a public health crisis by authorizing the City Manager to utilize certain fund reserves for emergency financial assistance. Background: The City of Brookings, in response to the COVID-19 public health emergency, may need to provide emergency funding, through the use of the City’s general, special revenue and enterprise funds reserves, to provide financial assistance through programs established by the Chamber of Commerce, Brookings Convention and Visitors Bureau, and/or the Brookings Economic Development Corporation and other Brookings non-profit organizations. The City of Brookings has the authority under its Charter to make Emergency Appropriations under 4.06(b) and Transfers of Unencumbered Appropriation Balances under 4.06(d). Fiscal Impact: The City Manager will report uses of funds and proper documentation of such uses to the City Council. Budget Amendments, as necessary, will be submitted to the City Council to reflect actions taken under this emergency resolution. Recommendation: City Manager recommends approval of Resolution. Attachments: Resolution City of Brookings Printed on 3/23/2020Page 1 of 1 powered by Legistar™ Resolution 20-032 An Emergency Resolution of the City Council of the City of Brookings, South Dakota, to Address a Public Health Crisis by Authorizing the City Manager to Utilize Certain Fund Reserves for Emergency Financial Assistance. Whereas, the City of Brookings has the authority pursuant to SDCL 9-29-1 and SDCL 9-32-1 to pass resolutions and ordinances for the purpose of promoting the health, safety, and general welfare of the community, and to do what may be necessary for the promotion of health or the suppression of diseases; and Whereas, on March 13, 2020, President Donald Trump declared a national emergency in response to the global pandemic of COVID-19; and Whereas, on the same day, Governor Kristi Noem, issued Executive Order 2020 - 04 which declared a state of emergency to exist in the State of South Dakota in response to the spread of COVID-19; and Whereas, the City of Brookings, in response to the COVID-19 public health emergency, may need to provide emergency funding, through the use of the following fund reserves, to provide financial assistance through programs established by the Chamber of Commerce, Brookings Convention and Visitors Bureau and/or the Brookings Economic Development Corporation and other Brookings non-profit organization; and Whereas, the City of Brookings has the authority under its Charter to make Emergency Appropriations under 4.06(b) and Transfers of Unencumbered Appropriation Balances under 4.06(d); Now, Therefore, Be It Resolved by the City Council of the City of Brookings, South Dakota (the "City") as follows: (1) The City Manager is authorized to use reserves from the City’s general, special revenue and enterprise funds to provide emergency financial assistance through programs established by the above- referenced community non-profit organizations to provide this assistance; and (2) The City Manager shall report uses of funds and proper documentation of such uses to the City Council. Budget amendments, as necessary, shall be submitted to the City Council to reflect actions taken under this emergency resolution; and (3) All action of the City Council and/or any officers, agents and employees of the City, consistent with the purposes and intent of this resolution, whether taken before or after the adoption hereof, are ratified, confirmed and adopted; and (4) This resolution is necessary for the immediate preservation of the public peace, health, safety and welfare of the City and shall become effective immediately upon passage. Dated this 23rd day of March, 2020. City of Brookings Keith W. Corbett, Mayor ATTEST: Bonnie Foster, City Clerk