Loading...
HomeMy WebLinkAbout2020_05_04 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, May 4, 2020 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. Action: Motion to Approve, Roll Call 4. Open Forum. At this time, any member of the public may request time on the agenda for an item not listed. Items are typically scheduled for the end of the meeting; however, very brief announcements or invitations will be allowed at this time. 5.RES 20-038 Action on Resolution 20-038, an Emergency Resolution Modifying Certain Measures Set Forth in Ordinance 20-005 (Revised) and Deemed Necessary to Slow the Community Spread of Coronavirus (Covid-19). Memo Resolution Frequently Asked Questions Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 6. Ordinance First Readings: The title of the Ordinance is read. No vote is required on the first reading of an Ordinance. Public Comment and Council discussion is permitted. The date for the Page 1 City of Brookings May 4, 2020City Council Meeting Agenda second reading is announced. 6.A.ORD 20-007 First Reading and Introduction of Ordinance 20-007, an Ordinance Amending Emergency Ordinance 20-005 (Revised) to Address a Public Health Crisis and to Revise Certain Measures Which Have Been Deemed Necessary to Slow the Community Spread of Coronavirus (COVID-19). Second Reading: April 12, 2020. Memo Ordinance Frequently Asked Questions Attachments: 7. City Council member introduction of topics for future discussion. Any Council Member may request discussion of any issue at a future meeting only. Items cannot be added for action at this meeting. A motion and second is required stating the issue, requested outcome, and time. A majority vote is required. 8. 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 #:RES 20-038,Version:1 Action on Resolution 20-038, an Emergency Resolution Modifying Certain Measures Set Forth in Ordinance 20-005 (Revised) and Deemed Necessary to Slow the Community Spread of Coronavirus (Covid-19). Summary: The current ordinance regulating bars, restaurants, gyms, salons, casinos, etc. is set to expire May 6 th. Brookings community and local businesses have successfully kept COVID-19 spread to a minimum. This has allowed the medical profession to adequately prepare. A recommendation for reduced regulation is presented to Council that allows the incremental opening of businesses while protecting employees and the public. If approved, the City would have three (3) types of regulation available for action based on any spikes that need immediate action. Background: The current emergency COVID-19 Ordinance 20-005 is set to expire May 6 th. This ordinance was originally passed March 23rd and amended April 14th. The ordinance was implemented to reduce potential spread in Brookings. The first case of COVID-19 was realized March 23 rd and as of May 1st, Brookings County had thirteen (13) cases. On April 14th, the City Council passed the first reading of a Stay-at-Home ordinance should a spike in positive COVID-19 cases or other circumstances warrant implementation to counter an outbreak. On April 28th, the Governor issued a “Back to Normal” order that recognizes a community’s ability to implement regulations. The Brookings community partners and residents have worked diligently to flatten the curve which has given health care professionals time to prepare for a future peak and surge. It’s essential all continue to be vigilant with prevention measures regardless of the regulation implemented. This includes social distancing and wearing of masks. Recommendation: Staff recommends approval of the resolution as presented and hold a first hearing for the presented ordinance. Attachments: Memo Resolution Frequently Asked Questions City of Brookings Printed on 5/1/2020Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Paul M. Briseno, City Manager Council Meeting: May 4, 2020 Subject: Action on COVID 19 Legislation Person(s) Responsible: Paul M. Briseno, City Manager Summary: The current ordinance regulating bars, restaurants, gyms, salons, casinos, etc. is set to expire May 6th. Brookings community and local businesses have successfully kept COVID-19 spread to a minimum. This has allowed the medical profession to adequately prepare. A recommendation for reduced regulation is presented to Council that allows the incremental opening of businesses while protecting employees and the public. If approved, the City would have three (3) types of regulation available for action based on any spikes that need immediate action. Background: The current emergency COVID-19 ordinance 20-005 is set to expire May 6th. This ordinance was originally passed March 23rd and amended April 14th. The ordinance was implemented to reduce potential spread in Brookings. The first case of COVID-19 was realized March 23rd and as of May 1st, Brookings County had thirteen (13) cases. On April 14th, the City Council passed the first reading of a Stay-at-Home ordinance should a spike in positive COVID-19 cases or other circumstances warrant implementation to counter an outbreak. On April 28th, the Governor issued a “Back to Normal” order that recognizes a community’s ability to implement regulations. The Brookings community partners and residents have worked diligently to flatten the curve which has given health care professionals time to prepare for a future peak and surge. It’s essential all continue to be vigilant with prevention measures regardless of the regulation implemented. This includes social distancing and wearing of masks. Item Details: Staff engaged the Chamber of Commerce, health care professionals and peer cities to craft an incremental easing of the existing ordinance. The resolution presented grants immediate implementation of new regulations May 6th should Council take action. A second reading of the presented ordinance is desired to solidify the law. The proposed language impacts various businesses and a series of frequently asked questions is attached. If a business does not know what half their capacity is, staff will prepare a calculator to assist regulated businesses in this calculation. Restaurants/Bars o Maximum of ten customers or 50% occupancy, whichever is greater  Occupancy capacity posted at front entry o Groups of ten (10) or less and six (6) feet apart o Cleaning of high touch areas/materials between users o Screening employees recommended o Employees required to wear masks o Cleaning of used spaces before and after each customer o No self-serve buffets or salad bars o No sharing of condiments unless wiped between use  Grocery, Casino, Gyms, and Recreational Facilities o Cleaning of equipment after use by customer and/or employee o Maximum of ten customers or 50% occupancy, whichever is greater  Occupancy capacity posted at front entry o Employees will wear masks o Protective measures/operations will be provided  Salons/Barber Shops o Customers six (6) feet spacing & recommend service by appointment-only o Employees will wear masks o Clean equipment before and after each customer o Adequate social distancing for waiting customers  Administrative exemptions that allow modifications to allow flexibility that meets the CDC requirements. Staff will continue to identify implementation for each phase of regulation desired based on positive COVID-19 cases, testing, spikes and hospitalization. This would include decreased or increased regulations based on the community impact of COVID -19. Legal Consideration: None. Financial Consideration: None. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Deny 3. Do nothing Staff recommends approval of the resolution as presented and hold a first hearing for the presented ordinance. Supporting Documentation: 1. Resolution 2. Frequently Asked Questions Resolution 20-038 An Emergency Resolution Modifying Certain Measures Set Forth in Ordinance 20- 005 (Revised) and Deemed Necessary to Slow the Community Spread of Coronavirus (Covid-19). WHEREAS, the City of Brookings adopted emergency Ordinance 20-005 (Revised) pursuant to SDCL 9-29-1 and 9-32-1 which implemented social distancing guidelines recommended by the Centers for Disease Control (CDC) to stop the outbreak of the disease COVID-19; and WHEREAS, the City is authorized to enact further or modified restrictions on public gatherings and public movements that it deems necessary to address the current public health emergency; and WHEREAS, the number of COVID-19 cases in Brookings has remained relatively stable; and WHEREAS, the number of hospitalizations being experienced in Brookings supports the fact that the number of positive cases in Brookings is consistent with the numbers reported by the State; and WHEREAS, the purpose of social distancing requirements is to slow the spread of the disease so that the State and City’s health care system is not overwhelmed; and WHEREAS, the City has been in communication with Brookings Health System and they have methods to allow them to make reasonable predictions on the impact of certain social distancing regulations on the number of cases in the City and the overall impact on the City’s health care system; and WHEREAS, based on the number of cases in Brookings County, the relative lack of hospitalizations in the City, and the available modeling, the City Council believes some of the social distancing restrictions set forth in Ordinance 20-005 (Revised) can now be modified to allow businesses to resume on-site service of customers without causing the number of COVID-19 cases in the City to rise to the level that will overwhelm the hospital’s capacity if proper procedures are put in place; and WHEREAS, this Resolution is consistent with the Governor’s Executive Order 2020-20, and Section 3 thereof, in particular, which provide for South Dakota’s “Back to Normal Plan”; and WHEREAS, these revised measures and restrictions are adopted as Emergency Ordinance 20-005 is also being revised and are intended to replace the measures and restrictions set forth in Emergency Ordinance 20-005; NOW THEREFORE, BE IT RESOLVED by the City of Brookings, that the following regulations, effective upon adoption and publication of this Resolution, shall be implemented to control the spread of COVID-19 within the City of Brookings: 1. Any businesses identified in Ordinance 20-005 may reopen to serve patrons on-site pursuant to the conditions established in this resolution. 2. Businesses within the City of Brookings which are open to the public shall observe the following guidelines to slow the spread of COVID-19: a) Establish a minimum six-foot distance between any tables, chairs, and barstools. This provision does not need to be observed between members of the same household. b) All businesses shall collaborate with the City to identify their occupancy allowance and post it in a conspicuous location outside the building. c) Restaurants, bars, and casinos shall be limited to a maximum of ten (10) customers or a capacity of one-half (½) of their maximum posted capacity, whichever is greater. Capacity will be posted at the front of the business. d) All restaurants, food trucks and bars shall disinfect or dispose of all menus before and after use by each customer. Condiment containers shall be cleaned/disinfected between each group and shall not be shared among multiple groups. Salad bars and self-service buffets shall not be permitted. e) Grocery stores, retail businesses, recreation and fitness businesses shall be limited to a maximum of ten (10) customers or a capacity of one-half (½) of their maximum posted capacity, whichever is greater. Capacity will be posted at the front of the business. f) Require social distance spacing while waiting for service or entry into a business. Spacing may be accomplished by requiring people to remain in their vehicles. g) Clearly marked one-way shopping aisles in grocery and retail stores. h) In retail and grocery businesses, install a plexiglass, or similar divider where physically possible between the cashier and customer. i) Require employees to wash hands at regular intervals. j) Food service employees must wear a mask which covers the employee’s nose and mouth. k) In casinos, video lottery machines must be cleaned and disinfected between each customer. l) Employees of hair salons, nail and tanning salons, spas and barber shops wear masks which cover their nose and mouth during customer contact times. Customer seating must be at least six (6) feet apart. m) In gyms and fitness facilities, any equipment and/or exercise mats must be cleaned or disinfected between each use. n) Customer seating in theaters and similar businesses shall be reduced to allow for social distancing with certain seats marked as “not available due to social distancing guidelines” to insure compliance. o) Businesses shall post publicly a regular cleaning and disinfecting schedule, specific to each business. p) Hand sanitizer locations readily available for public use should be made available at grocery stores and retail businesses. q) Enhanced cleaning/disinfecting requirements should be used for motel and hotel rooms. r) Seating for large gatherings shall be reduced to comply with a six-foot minimum distance between attendees. s) Businesses are encouraged to conduct daily employee screenings for illness. t) Businesses are encouraged to post signage outside of their facility that encourages customers to not enter if they are not feeling well or have COVID-19 symptoms. u) Businesses are encouraged to develop risk mitigation strategies for restrooms or other areas where social distancing requirements are likely to be compromised. v) Certain businesses (e.g. gym, recreation facilities, casinos, etc.) are encouraged to have customers wipe down their equipment/machines before and after use. However, it will still be the responsibility of the business to ensure proper cleaning and disinfecting is occurring. w) Businesses, particularly salons, barber shops, and spas are encouraged to provide service on an appointment-only basis to ensure proper social distancing and hygiene practices are met. 3. In addition to the specific requirements listed above, businesses shall operate in a manner consistent with CDC guidelines and any applicable state regulations and the Governor’s Executive Orders. 4. The City encourages all members of the public within the City of Brookings to continue to follow the CDC guidelines and recommended hygiene practices, including, but not limited to engaging in social distancing, and wearing masks when outside their homes wherever possible. 5. Businesses can request, in writing, administrative exceptions from the City that allow them to modify the strict compliance with these requirements so long as their proposal contains alternative means to implement social distancing or hygiene requirements. The City will not approve exceptions which completely exempt a business from implementing social distancing, or from following the CDC guidelines. 6. Any business entity, owner, or supervising manager of any business that is not in compliance with these regulations, or an approved alternative plan pursuant to Section #5 above, shall be in violation of Ordinance 20- 005, as amended. 7. This Resolution shall remain in effect until May 31, 2020, unless otherwise repealed, modified, or extended. 8. Enforcement – Violation of this Resolution may result in a fine, and multiple violations may result in further enforcement procedures, including legal action to close the business for the safety of the public. BE IT FURTHER RESOLVED by the City of Brookings that due to the fact a national and statewide emergency have been declared and one of the primary recommendations to combat this emergency is to practice social distancing and limit person-to-person contact, this resolution is considered necessary for the immediate preservation of the public peace, health and safety of the City. Furthermore, the City hereby declares that these Restrictions shall replace the measures and restrictions set forth in Ord. 20-005 as of May 5, 2020, the date of publication of this Resolution. Accordingly, the measures and restrictions set forth in Emergency Ordinance 20-005 will not be enforced after the effective date of this Resolution. Passed and approved on the 4th day of May, 2020. CITY OF BROOKINGS: (SEAL) ATTEST: Keith W. Corbett, Mayor Bonnie Foster, City Clerk INCREMENTAL RE-OPENING ROADMAP ORDINANCE FAQ What is the Incremental Reopening Roadmap? The reopening roadmap is an incremental, multi-phase approach to get Brookings businesses/organizations back open and operational while addressing public safety guidelines to combat the spread of COVID-19. The reopening plan will take place in phases that will incrementally get things back to normal again while minimizing the risk of an outbreak that could potentially cause require the re-implementation of earlier restrictions. Why is this being implemented? Although COVID-19 is still active, the reality is that it will be part of our daily lives until a vaccine or treatment is found to be effective. To this point in time, Brookings has effectively kept COVID-19 numbers low. By taking precautions and calculated incremental reopening steps, we plan to get back to as normal as possible for residents and the local economy. What are the phases and when will they be implemented? Please note that each phase of the process will be addressed based on metrics, data, and the success of the current phase. The specific criteria will include testing, case numbers, spikes and hospitalization. As a community, we will only move to the next stage if the current phase shows a continued, positive result. If there is a significant change in positive cases, we may also move back to a prior phase. The timeline for how soon we will move forward is variable. It is wholly dependent upon the activity o f the virus and the success of the community in keeping positive case numbers low. Phase ONE – Stay-at-Home-Ordinance (currently tabled) Phase TWO – Ordinance 20-005 (Limits public gathering businesses and organizations) Phase THREE – Incremental Re-Opening Ordinance (Less restrictive regulation for public gathering businesses and organizations) Phase FOUR – Further modified, less restrictive ordinance or full return to normal dependent on the number of positive cases, additional data metrics, healthcare advances, and best practices among other considerations How does this affect me as a business/organization leader? As a business/organization leader, you will be asked to adhere to a set of guidelines and safety processes and practices based on the nature of the services you provide. These guidelines will address the safety of the public and employees. How does this affect me as a resident? All of us in the community want life to return to normal as quickly as possible. However, we must proceed cautiously and with care and accept that normal may look a little bit different for us for the time being. With the reopening of organizations, facilities, and businesses, community members must do their part to take diligent steps to prevent possible COVID-19 spread. Adherence to guidelines is what will ensure that we do not create a surge that will lead to regressing back to previous phases. Community members must follow CDC guidelines and practice social distancing, wear masks, and practice good hygiene practices. It is imperative that the public practice requests made by local officials and businesses to ensure safety and to limit spread. As businesses incrementally open, individuals that are more vulnerable and at high risk should take extra precautions by limiting travel and exposure, practice social distancing, wear a mask and continue good hygiene measures. What is different and what has changed as we move to the Re-Opening Ordinance? This ordinance allows previously closed business under Ordinance 20-005 to return to in-person operations in a limited fashion to promote proper social distancing and good hygiene practices. These businesses include bars, restaurants, movie theaters, bowling alleys, salons, barbershops, spas, gyms, recreation facilities, etc. What are the restrictions on bars, restaurants, bowling alleys, movie theaters, and other public gathering businesses under the Re-Opening Ordinance? The restrictions on these businesses are as follows:  Limit groups to ten (10) or less and space them six (6) feet apart  Limit to 10 customers or 50% of the typical building occupancy capacity, which is greater.  Encourage businesses to screen employees for symptoms at the beginning of every shift.  Businesses are encouraged to post signage instructing customers to stay home if not feeling well.  Employees will wear protective masks, clean or disinfect regularly, and stay home if sick.  There will be no self-service buffets or salad bars, menus will be disposable or regularly sanitized, and condiments will be sanitized after each customer.  High touch areas and seating will be cleaned between customers.  Customer seating in theaters and similar businesses will mark certain seats as “not available due to social distancing guidelines” to ensure compliance.  Businesses shall post publicly a regular cleaning and disinfecting schedule, specific to each business.  Reduced occupancy capacity will be posted in a conspicuous location on the exterior of the business/organization. What are the restrictions for grocery stores, casinos, gyms, and recreational facilities under the Re-Open Ordinance? The restrictions on these businesses are as follows:  Equipment is wiped down/disinfected before and after each use by customers and/or employees.  Grocery stores will provide and clearly mark one-way shopping aisles.  Grocery stores will install a plexiglass, or similar divider where physically possible between the cashier and customer.  Grocery stores will provide hand sanitizer locations which are readily available for public use.  Limit to 10 customers or 50% of the typical building occupancy capacity, which is greater.  Businesses shall post publicly a regular cleaning and disinfecting schedule, specific to each business.  Reduced occupancy capacity will be posted in a conspicuous location on the exterior of the business/organization. What are the restrictions for salons, barbershops, spas, and other retail facilities under the Re-Opening Ordinance? The restrictions on these businesses would be as follows:  Provide for at least six (6) feet of spacing between customers.  Encourage that services are offered by appointment only  Facility must provide proper social distancing for waiting customers or ask them to wait in their vehicles.  Retail stores will provide and clearly mark one-way shopping aisles.  Retail stores will install a plexiglass, or similar divider where physically possible between the cashier and customer.  Retail businesses will provide hand sanitizer locations which are readily available for public use.  Employees wear masks and gloves as much as service offered permits.  Equipment is cleaned before and after each customer.  Businesses shall post publicly a regular cleaning and disinfecting schedule, specific to each business.  Reduced occupancy capacity will be posted in a conspicuous location on the exterior of the business/organization. This is a lot of information. Is there a quick-access handout? Yes, there is a one-page handout which provides an overview of the Re-Opening Ordinance. The handout is available on the City website at www.cityofbrookings.org . You may view the full ordinance at https://cityofbrookings.legistar.com/calendar.aspx. What if I have further questions about the Re-Opening Ordinance Or COVID-19 in general? Please download our Engage Brookings mobile app, which is available for both Apple and Android devices. There is a service request for COVID-19 where you can ask questions of City staff or provide feedback for consideration. 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 20-007,Version:1 First Reading and Introduction of Ordinance 20-007, an Ordinance Amending Emergency Ordinance 20-005 (Revised) to Address a Public Health Crisis and to Revise Certain Measures Which Have Been Deemed Necessary to Slow the Community Spread of Coronavirus (COVID-19). Second Reading: April 12, 2020. Summary: The current ordinance regulating bars, restaurants, gyms, salons, casinos, etc. is set to expire May 6 th. Brookings community and local businesses have successfully kept COVID-19 spread to a minimum. This has allowed the medical profession to adequately prepare. A recommendation for reduced regulation is presented to Council that allows the incremental opening of businesses while protecting employees and the public. If approved, the City would have three (3) types of regulation available for action based on any spikes that need immediate action. Background: The current emergency COVID-19 Ordinance 20-005 is set to expire May 6 th. This ordinance was originally passed March 23rd and amended April 14th. The ordinance was implemented to reduce potential spread in Brookings. The first case of COVID-19 was realized March 23 rd and as of May 1st, Brookings County had thirteen (13) cases. On April 14th, the City Council passed the first reading of a Stay-at-Home ordinance should a spike in positive COVID-19 cases or other circumstances warrant implementation to counter an outbreak. On April 28th, the Governor issued a “Back to Normal” order that recognizes a community’s ability to implement regulations. The Brookings community partners and residents have worked diligently to flatten the curve which has given health care professionals time to prepare for a future peak and surge. It’s essential all continue to be vigilant with prevention measures regardless of the regulation implemented. This includes social distancing and wearing of masks. Recommendation: Staff recommends a first hearing for the presented ordinance. Attachments: Memo Ordinance Frequently Asked Questions City of Brookings Printed on 5/1/2020Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Paul M. Briseno, City Manager Council Meeting: May 4, 2020 Subject: Action on COVID 19 Legislation Person(s) Responsible: Paul M. Briseno, City Manager Summary: The current ordinance regulating bars, restaurants, gyms, salons, casinos, etc. is set to expire May 6th. Brookings community and local businesses have successfully kept COVID-19 spread to a minimum. This has allowed the medical profession to adequately prepare. A recommendation for reduced regulation is presented to Council that allows the incremental opening of businesses while protecting employees and the public. If approved, the City would have three (3) types of regulation available for action based on any spikes that need immediate action. Background: The current emergency COVID-19 Ordinance 20-005 is set to expire May 6th. This ordinance was originally passed March 23rd and amended April 14th. The ordinance was implemented to reduce potential spread in Brookings. The first case of COVID-19 was realized March 23rd and as of May 1st, Brookings County had thirteen (13) cases. On April 14th, the City Council passed the first reading of a Stay-at-Home ordinance should a spike in positive COVID-19 cases or other circumstances warrant implementation to counter an outbreak. On April 28th, the Governor issued a “Back to Normal” order that recognizes a community’s ability to implement regulations. The Brookings community partners and residents have worked diligently to flatten the curve which has given health care professionals time to prepare for a future peak and surge. It’s essential all continue to be vigilant with prevention measures regardless of the regulation implemented. This includes social distancing and wearing of masks. Item Details: Staff engaged the Chamber of Commerce, health care professionals and peer cities to craft an incremental easing of the existing ordinance. The resolution presented grants immediate implementation of new regulations May 6th should Council take action. A second reading of the presented ordinance is desired to solidify the law. The proposed language impacts various businesses and a series of frequently asked questions is attached. If a business does not know what half their capacity is, staff will prepare a calculator to assist regulated businesses in this calculation. Restaurants/Bars o Maximum of ten customers or 50% occupancy, whichever is greater  Occupancy capacity posted at front entry o Groups of ten (10) or less and six (6) feet apart o Cleaning of high touch areas/materials between users o Screening employees recommended o Employees required to wear masks o Cleaning of used spaces before and after each customer o No self-serve buffets or salad bars o No sharing of condiments unless wiped between use  Grocery, Casino, Gyms, and Recreational Facilities o Cleaning of equipment after use by customer and/or employee o Maximum of ten customers or 50% occupancy, whichever is greater  Occupancy capacity posted at front entry o Employees will wear masks o Protective measures/operations will be provided  Salons/Barber Shops o Customers six (6) feet spacing & recommend service by appointment-only o Employees will wear masks o Clean equipment before and after each customer o Adequate social distancing for waiting customers  Administrative exemptions that allow modifications to allow flexibility that meets the CDC requirements. Staff will continue to identify implementation for each phase of regulation desired based on positive COVID-19 cases, testing, spikes and hospitalization. This would include decreased or increased regulations based on the community impact of COVID-19. Legal Consideration: None. Financial Consideration: None. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Deny 3. Do nothing Staff recommends approval of the resolution as presented and hold a first hearing for the presented ordinance. Supporting Documentation: 1. Ordinance 2. Frequently Asked Questions Ordinance 20-007 An Ordinance Amending Emergency Ordinance 20-005 (Revised) to Address a Public Health Crisis and to Revise 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 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, the City of Brookings and 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 would 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 continue to 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 has been utilizing Ordinance 20-005 to address the COVID-19 public emergency, and WHEREAS, based on the number of cases in Brookings County, the relative lack of hospitalizations in the City, and the available modeling, the City Council believes some of the social distancing restrictions can now be modified to allow businesses to resume on-site service of customers without causing the number of COVID-19 cases in the City to rise to the level that will overwhelm the hospital’s capacity if proper procedures are put in place, and WHEREAS, this Ordinance is consistent with the Governor’s Executive Order 2020-20, and Section 3 thereof, in particular, which provide for South Dakota’s “Back to Normal Plan”, and WHEREAS, these revised measures and restrictions are intended to replace the measures and restrictions set forth in Emergency Ordinance 20-005; NOW, THEREFORE, BE IT ORDAINED, by the City Council of Brookings that: 1. Any businesses identified in Ordinance 20-005 may reopen to serve patrons on-site pursuant to the conditions established in this resolution. 2. Businesses within the City of Brookings which are open to the public shall observe the following guidelines to slow the spread of COVID-19: a) Establish a minimum six-foot distance between any tables, chairs, and barstools. This provision does not need to be observed between members of the same household. b) All businesses shall collaborate with the City to identify their occupancy allowance and post it in a conspicuous location outside the building. c) Restaurants, bars, and casinos shall be limited to a maximum of ten (10) customers or a capacity of one-half (½) of their maximum posted capacity, whichever is greater. Capacity will be posted at the front of the business. d) All restaurants, food trucks and bars shall disinfect or dispose of all menus before and after use by each customer. Condiment containers shall be cleaned/disinfected between each group and shall not be shared among multiple groups. Salad bars and self-service buffets shall not be permitted. e) Grocery stores, retail businesses, recreation and fitness businesses shall be limited to a maximum of ten (10) customers or a capacity of one-half (½) of their maximum posted capacity, whichever is greater. Capacity will be posted at the front of the business. f) Require social distance spacing while waiting for service or entry into a business. Spacing may be accomplished by requiring people to remain in their vehicles. g) Clearly marked one-way shopping aisles in grocery and retail stores. h) In retail and grocery businesses, install a plexiglass, or similar divider where physically possible between the cashier and customer. i) Require employees to wash hands at regular intervals. j) Food service employees must wear a mask which covers the employee’s nose and mouth. k) In casinos, video lottery machines must be cleaned and disinfected between each customer. l) Employees of hair salons, nail and tanning salons, spas and barber shops wear masks which cover their nose and mouth during customer contact times. Customer seating must be at least six (6) feet apart. m) In gyms and fitness facilities, any equipment and/or exercise mats must be cleaned or disinfected between each use. n) Customer seating in theaters and similar businesses shall be reduced to allow for social distancing with certain seats marked as “not available due to social distancing guidelines” to insure compliance. o) Businesses shall post publicly a regular cleaning and disinfecting schedule, specific to each business. p) Hand sanitizer locations readily available for public use should be made available at grocery stores and retail businesses. q) Enhanced cleaning/disinfecting requirements should be used for motel and hotel rooms. r) Seating for large gatherings shall be reduced to comply with a six-foot minimum distance between attendees. s) Businesses are encouraged to conduct daily employee screenings for illness. t) Businesses are encouraged to post signage outside of their facility that encourages customers to not enter if they are not feeling well or have COVID-19 symptoms. u) Businesses are encouraged to develop risk mitigation strategies for restrooms or other areas where social distancing requirements are likely to be compromised. v) Certain businesses (e.g. gym, recreation facilities, casinos, etc.) are encouraged to have customers wipe down their equipment/machines before and after use. However, it will still be the responsibility of the business to ensure proper cleaning and disinfecting is occurring. w) Businesses, particularly salons, barber shops, and spas are encouraged to provide service on an appointment-only basis to ensure proper social distancing and hygiene practices are met. 3. In addition to the specific requirements listed above, businesses shall operate in a manner consistent with CDC guidelines and any applicable state regulations and the Governor’s Executive Orders. 4. The City encourages all members of the public within the City of Brookings to continue to follow the CDC guidelines and recommended hygiene practices, including, but not limited to engaging in social distancing, and wearing masks when outside their homes wherever possible. 5. Businesses can request, in writing, administrative exceptions from the City that allow them to modify the strict compliance with these requirements so long as their proposal contains alternative means to implement social distancing or hygiene requirements. The City will not approve exceptions which completely exempt a business from implementing social distancing, or from following the CDC guidelines. 6. Any business entity, owner, or supervising manager of any business that is not in compliance with these regulations, or an approved alternative plan pursuant to Section #5 above, shall be in violation of Ordinance 20- 005, as amended. 7. Pursuant to this ordinance, the City Council may by resolution modify the mandatory closures and enact revised restrictions on public gatherings and public movements it deems necessary to address the current public health emergency. Any revised measures and restrictions, adopted by resolution shall be for a specific duration and shall be periodically reviewed to insure the continued necessity of such restrictions or closures. 8. The restrictions set forth herein do not apply to the following entities, which have their own specific COVID-19 restrictions: a) Health care facilities, residential care facilities, congregate care facilities, and correctional facilities. b) Crisis shelters, homeless shelters, soup kitchens, or other similar institutions. c) Any emergency facilities necessary for the response to the current public health emergency or any other community emergency or disaster. d) Official meetings of the city, schools, county, or state. e) The operations and meetings of any state or federal courts. 9. 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 this ordinance may be adjusted at any time within the sixty (60) day period covered by this ordinance by a resolution of the City Council. 10. Enforcement – Violation of this Resolution may result in a fine, and multiple violations may result in further enforcement procedures, including legal action to close the business for the safety of the public. 11. Until the 2nd Reading of Ordinance 20-007 is completed, approved and published, Resolution 20-038, shall set forth the applicable measures deemed necessary to slow the spread of Coronavirus in the City of Brookings which were previously set forth in Ordinance 20-005 (Revised). Accordingly, the measures and restrictions set forth in Ordinance 20-005 (revised) will not be enforced by the City as of May 5, 2020, the publication date of Resolution 20-038. 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 4th day of May, 2020. CITY OF BROOKINGS: (SEAL) ATTEST: Keith W. Corbett, Mayor Bonnie Foster, City Clerk INCREMENTAL RE-OPENING ROADMAP ORDINANCE FAQ What is the Incremental Reopening Roadmap? The reopening roadmap is an incremental, multi-phase approach to get Brookings businesses/organizations back open and operational while addressing public safety guidelines to combat the spread of COVID-19. The reopening plan will take place in phases that will incrementally get things back to normal again while minimizing the risk of an outbreak that could potentially cause require the re-implementation of earlier restrictions. Why is this being implemented? Although COVID-19 is still active, the reality is that it will be part of our daily lives until a vaccine or treatment is found to be effective. To this point in time, Brookings has effectively kept COVID-19 numbers low. By taking precautions and calculated incremental reopening steps, we plan to get back to as normal as possible for residents and the local economy. What are the phases and when will they be implemented? Please note that each phase of the process will be addressed based on metrics, data, and the success of the current phase. The specific criteria will include testing, case numbers, spikes and hospitalization. As a community, we will only move to the next stage if the current phase shows a continued, positive result. If there is a significant change in positive cases, we may also move back to a prior phase. The timeline for how soon we will move forward is variable. It is wholly dependent upon the activity o f the virus and the success of the community in keeping positive case numbers low. Phase ONE – Stay-at-Home-Ordinance (currently tabled) Phase TWO – Ordinance 20-005 (Limits public gathering businesses and organizations) Phase THREE – Incremental Re-Opening Ordinance (Less restrictive regulation for public gathering businesses and organizations) Phase FOUR – Further modified, less restrictive ordinance or full return to normal dependent on the number of positive cases, additional data metrics, healthcare advances, and best practices among other considerations How does this affect me as a business/organization leader? As a business/organization leader, you will be asked to adhere to a set of guidelines and safety processes and practices based on the nature of the services you provide. These guidelines will address the safety of the public and employees. How does this affect me as a resident? All of us in the community want life to return to normal as quickly as possible. However, we must proceed cautiously and with care and accept that normal may look a little bit different for us for the time being. With the reopening of organizations, facilities, and businesses, community members must do their part to take diligent steps to prevent possible COVID-19 spread. Adherence to guidelines is what will ensure that we do not create a surge that will lead to regressing back to previous phases. Community members must follow CDC guidelines and practice social distancing, wear masks, and practice good hygiene practices. It is imperative that the public practice requests made by local officials and businesses to ensure safety and to limit spread. As businesses incrementally open, individuals that are more vulnerable and at high risk should take extra precautions by limiting travel and exposure, practice social distancing, wear a mask and continue good hygiene measures. What is different and what has changed as we move to the Re-Opening Ordinance? This ordinance allows previously closed business under Ordinance 20-005 to return to in-person operations in a limited fashion to promote proper social distancing and good hygiene practices. These businesses include bars, restaurants, movie theaters, bowling alleys, salons, barbershops, spas, gyms, recreation facilities, etc. What are the restrictions on bars, restaurants, bowling alleys, movie theaters, and other public gathering businesses under the Re-Opening Ordinance? The restrictions on these businesses are as follows:  Limit groups to ten (10) or less and space them six (6) feet apart  Limit to 10 customers or 50% of the typical building occupancy capacity, which is greater.  Encourage businesses to screen employees for symptoms at the beginning of every shift.  Businesses are encouraged to post signage instructing customers to stay home if not feeling well.  Employees will wear protective masks, clean or disinfect regularly, and stay home if sick.  There will be no self-service buffets or salad bars, menus will be disposable or regularly sanitized, and condiments will be sanitized after each customer.  High touch areas and seating will be cleaned between customers.  Customer seating in theaters and similar businesses will mark certain seats as “not available due to social distancing guidelines” to ensure compliance.  Businesses shall post publicly a regular cleaning and disinfecting schedule, specific to each business.  Reduced occupancy capacity will be posted in a conspicuous location on the exterior of the business/organization. What are the restrictions for grocery stores, casinos, gyms, and recreational facilities under the Re-Open Ordinance? The restrictions on these businesses are as follows:  Equipment is wiped down/disinfected before and after each use by customers and/or employees.  Grocery stores will provide and clearly mark one-way shopping aisles.  Grocery stores will install a plexiglass, or similar divider where physically possible between the cashier and customer.  Grocery stores will provide hand sanitizer locations which are readily available for public use.  Limit to 10 customers or 50% of the typical building occupancy capacity, which is greater.  Businesses shall post publicly a regular cleaning and disinfecting schedule, specific to each business.  Reduced occupancy capacity will be posted in a conspicuous location on the exterior of the business/organization. What are the restrictions for salons, barbershops, spas, and other retail facilities under the Re-Opening Ordinance? The restrictions on these businesses would be as follows:  Provide for at least six (6) feet of spacing between customers.  Encourage that services are offered by appointment only  Facility must provide proper social distancing for waiting customers or ask them to wait in their vehicles.  Retail stores will provide and clearly mark one-way shopping aisles.  Retail stores will install a plexiglass, or similar divider where physically possible between the cashier and customer.  Retail businesses will provide hand sanitizer locations which are readily available for public use.  Employees wear masks and gloves as much as service offered permits.  Equipment is cleaned before and after each customer.  Businesses shall post publicly a regular cleaning and disinfecting schedule, specific to each business.  Reduced occupancy capacity will be posted in a conspicuous location on the exterior of the business/organization. This is a lot of information. Is there a quick-access handout? Yes, there is a one-page handout which provides an overview of the Re-Opening Ordinance. The handout is available on the City website at www.cityofbrookings.org . You may view the full ordinance at https://cityofbrookings.legistar.com/calendar.aspx. What if I have further questions about the Re-Opening Ordinance Or COVID-19 in general? Please download our Engage Brookings mobile app, which is available for both Apple and Android devices. There is a service request for COVID-19 where you can ask questions of City staff or provide feedback for consideration.