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HomeMy WebLinkAbout2020_07_07 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 PMTuesday, July 7, 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.ID 20-0298 Present Certificate of Election and Oath of Office to Council Members Joey Collins and Ope Niemeyer. Certificate of Election & Oath of Office - J. Collins Certificate of Election & Oath of Office - O. Niemeyer Attachments: 3. Record of Council Attendance. 4. Action to approve the agenda. Action: Motion to Approve, Request Public Comment, Roll Call 5. Open Forum 5.A. 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. 6. Public Hearings and Second Readings: Page 1 City of Brookings July 7, 2020City Council Meeting Agenda 6.A.ORD 20-010 Discussion, Possible Action, and Second Reading on Ordinance 20-010, an Ordinance Amending Emergency Ordinance 20-007 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). Memo Ordinance 7/7/2020 - Clean Ordinance 7/7/2020 - Marked Ordinance 6/30/2020 - Clean Ordinance 6/30/2020 - Marked Ordinance - 6/09/2020 Ordinance 20-007 Attachments: Action: Motion to Approve, Request Public Comment, Roll Call Legislative History 6/9/20 City Council approved 6/9/20 City Council amended 6/9/20 City Council approved as amended 6/30/20 City Council approved as amended 6/30/20 City Council amended 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 #:ID 20-0298,Version:1 Present Certificate of Election and Oath of Office to Council Members Joey Collins and Ope Niemeyer. Summary: Council Members Joey Collins and Ope Niemeyer will be presented with their Certificate of Election and take their Oath of Office. Attachments: Certificate of Election & Oath of Office - Joey Collins Certificate of Election & Oath of Office - Ope Niemeyer City of Brookings Printed on 7/3/2020Page 1 of 1 powered by Legistar™ State Of South Dakota County Of Brookings Municipality of Brookings Certificate Of Election This is to certify that on the 23rd day of June, 2020, at the municipal election held throughout the City of Brookings (postponed April 14, 2020 Election) Joey Collins was duly elected by the qualified voters of the City of Brookings to the office of Council Member for a term of three years, beginning July 1, 2020. Dated at Brookings, South Dakota, this 7th day of July, 2020. Bonnie Foster, City Clerk Brookings City Council Oath of Office I, Joey Collins, having been elected to the office of City Council Member within and for the City of Brookings, Brookings County, South Dakota, do solemnly swear I will support the Constitution of the United States and of this State and the Brookings City Charter, and faithfully discharge the duties of my office, and that I am not under direct or indirect obligation to appoint or elect any person to any office, position, or employment under the government of the City of Brookings. Joey Collins Subscribed and sworn to before me this 7th day of July, 2020. Keith W. Corbett, Mayor State Of South Dakota County Of Brookings Municipality of Brookings Certificate Of Election This is to certify that on the 23rd day of June, 2020, at the municipal election held throughout the City of Brookings (postponed April 14, 2020 Election) Oepke “Ope” Niemeyer was duly elected by the qualified voters of the City of Brookings to the office of Council Member for a term of three years, beginning July 1, 2020. Dated at Brookings, South Dakota, this 7th day of July, 2020. Bonnie Foster, City Clerk Brookings City Council Oath of Office I, Ope Niemeyer, having been elected to the office of City Council Member within and for the City of Brookings, Brookings County, South Dakota, do solemnly swear I will support the Constitution of the United States and of this State and the Brookings City Charter, and faithfully discharge the duties of my office, and that I am not under direct or indirect obligation to appoint or elect any person to any office, position, or employment under the government of the City of Brookings. Ope Niemeyer Subscribed and sworn to before me this 7th day of July, 2020. Keith W. Corbett, Mayor 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 20-010,Version:3 Discussion, Possible Action, and Second Reading on Ordinance 20-010, an Ordinance Amending Emergency Ordinance 20-007 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). Summary: Ordinance 20-007 was enacted to reduce the spread of COVID-19 and provides additional requirements to restaurants, bars, grocery, casino, gyms, salons as well as other similar businesses. This ordinance is set to expire July 14th. June 30th Ordinance 20-010 was read to extend the current regulations with the addition of bars. If approved July 7th the ordinance would be extended for an additional sixty (60) days. Background: The current emergency COVID-19 regulation through Ordinance 20-007 has the following implications: 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 §Occupancy capacity posted at front entry o Employees of Grocery stores 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 City of Brookings Printed on 7/7/2020Page 1 of 2 powered by Legistar™ File #:ORD 20-010,Version:3 ·Administrative exemptions allow for requested flexibility. At the June 30th City Council meeting, City Council voted to amend the ordinance to continue current regulations with the addition of bars. Recommendation: Staff recommends City Council to provide direction on Ordinance. Attachments: Memo Ordinance 7/7/2020 - Clean Ordinance 7/7/2020 - Marked Ordinance 6/30/2020 - Clean Ordinance 6/30/2020 - Marked Ordinance 6/09/2020 Ordinance 20-007 City of Brookings Printed on 7/7/2020Page 2 of 2 powered by Legistar™ City Council Agenda Memo From: Paul M. Briseno, City Manager Council Meeting: July 7, 2020 Subject: Ordinance 20-010, COVID-19 Ordinance Person(s) Responsible: Paul M. Briseno, City Manager Summary: Ordinance 20-007 was enacted to reduce the spread of COVID-19 and provides additional requirements to restaurants, bars, grocery, casino, gyms, salons as well as other similar businesses. This ordinance is set to expire July 14th. June 30th Ordinance 20-010 was read to extend the current regulations with the addition of bars. If approved July 7th the ordinance would be extended for an additional sixty (60) days. Background: The current emergency COVID-19 regulation through Ordinance 20-007 has the following implications: 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  Occupancy capacity posted at front entry o Employees of Grocery stores 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 allow for requested flexibility. At the June 30th City Council meeting, City Council voted to amend the ordinance to continue current regulations with the addition of bars. Item Details: The item is presented to City Council for potential action. The current ordinance will expire July 13th. City Council is provided with healthcare insight of local conditions. Based on this information and business/residential concerns, Council is asked to give staff direction on Ordinance. Should the ordinance fail an emergency resolution will be required or the current ordinance will expire by the next regularly scheduled meeting. Legal Consideration: None. Financial Consideration: None. Options and Recommendation: The City Council has the following options: 1. Approved as presented 2. Amend 3. Deny 4. Do nothing Staff recommends City Council provide direction on Ordinance. Supporting Documentation: 1. Ordinance – Clean 2. Ordinance – Marked Ordinance 20-010 An Ordinance Amending Emergency Ordinance 20-007 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 20-007 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 extend the measures and restrictions set forth in Emergency Ordinance 20-007; 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) Restaurant and bar (those businesses with an alcoholic beverage license) staff and 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 ensure 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 20-010, 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 ensure 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 20-10 is completed, approved and published, Ordinance 20-007, shall set forth the applicable measures deemed necessary to slow the spread of Coronavirus in the City of Brookings. 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 and publication. Dated this ____ day of July, 2020. CITY OF BROOKINGS: (SEAL) ATTEST: Keith W. Corbett, Mayor Bonnie Foster, City Clerk Ordinance 20-010 An Ordinance Amending Emergency Ordinance 20-007 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 20-0075 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 extend the measures and restrictions set forth in Emergency Ordinance 20-0075; 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) Restaurant and bar (those businesses with an alcoholic beverage license) staff and employees must wear a mask which covers the employee’s nose and mouth. 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 ensure 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 20-01005, 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 ensure 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 20-00710 is completed, approved and published, Ordinance 20-007 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 and publication. Dated this ____ day of July, 2020. CITY OF BROOKINGS: (SEAL) ATTEST: Keith W. Corbett, Mayor Bonnie Foster, City Clerk Ordinance 20-010 An Ordinance Amending Emergency Ordinance 20-007 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 or their occupancy restricted 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 20-007 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 again be modified to allow businesses to resume service to 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 guidelines are intended to amend the measures and restrictions set forth in Emergency Ordinance 20-007; NOW, THEREFORE, BE IT ORDAINED, by the City Council of Brookings that: 1. Any businesses identified in Ordinance 20-007 may reopen to serve patrons on-site. 2. The following guidelines are recommendations and are not mandatory requirements. Businesses within the City of Brookings which are open to the public should 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 should identify their occupancy allowance and post it in a conspicuous location outside the building. c) Restaurants, bars, and casinos should limit their occupancy to a maximum of ten (10) customers or a capacity of one-half (½) of their maximum posted capacity, whichever is greater. Capacity should be posted at the front of the business. d) All restaurants, food trucks and bars should disinfect or dispose of all menus before and after use by each customer. Condiment containers should be cleaned/disinfected between each group and should not be shared among multiple groups. Salad bars and self-service buffets should not be permitted. e) Grocery stores, retail businesses, recreation and fitness businesses should limit their occupancy to a maximum of ten (10) customers or a capacity of one-half (½) of their maximum posted capacity, whichever is greater. Capacity should be posted at the front of the business. f) All businesses should require social distance spacing while customers are 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 should be used where practicable. h) In retail and grocery businesses, a plexiglass, or similar divider should be installed where physically possible between the cashier and customer. i) Employees should be required to wash hands at regular intervals. j) Food service employees should wear a mask which covers the employee’s nose and mouth. k) In casinos, video lottery machines should be cleaned and disinfected between each customer. l) Employees of hair salons, nail and tanning salons, spas and barber shops should wear masks which cover their nose and mouth during customer contact times. Customer seating should be at least six (6) feet apart. m) In gyms and fitness facilities, any equipment and/or exercise mats should be cleaned or disinfected between each use. n) Customer seating in theaters and similar businesses should be reduced to allow for social distancing, with certain seats marked as “not available due to social distancing guidelines” to ensure compliance. o) Businesses should 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 should 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. Businesses should ensure proper cleaning and disinfecting is occurring. w) Businesses, particularly salons, barber shops, and spas are encouraged (but not required) to provide service on an appointment-only basis to ensure proper social distancing and hygiene practices are met. 3. In addition to the specific guidelines listed above, businesses should 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. Pursuant to this ordinance, the City Council may by resolution modify this ordinance and adopt revised restrictions on public gatherings and public movements it deems necessary to address the current public health emergency. Any revised measures and restrictions which are adopted by resolution shall be for a specific duration and shall be periodically reviewed to ensure the continued necessity of such restrictions or closures. 6. The guidelines 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. 7. 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 or ordinance of the City Council. 8. This ordinance amends and supersedes Ordinance 20-007, and is intended to serve as the City of Brookings’ guidelines to address the COVID-19 public emergency. Accordingly, compliance with these guidelines is recommended but is not mandatory. 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 publication. Dated this ____ day of June, 2020. CITY OF BROOKINGS: (SEAL) ATTEST: Keith W. Corbett, Mayor Bonnie Foster, City Clerk Ordinance 20-010 An Ordinance Amending Emergency Ordinance 20-007 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 or their occupancy restricted 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 20-007 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 again now be modified to allow businesses to resume on-site service to 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 guidelines restrictions are intended to amend replace the measures and restrictions set forth in Emergency Ordinance 20-007; NOW, THEREFORE, BE IT ORDAINED, by the City Council of Brookings that: 1. Any businesses identified in Ordinance 20-007 may reopen to serve patrons on-site pursuant to the conditions established in this resolution. 2. The following guidelines are recommendations and are not mandatory requirements. Businesses within the City of Brookings which are open to the public should 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 should 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 should limit their occupancy 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 should will be posted at the front of the business. d) All restaurants, food trucks and bars should shall disinfect or dispose of all menus before and after use by each customer. Condiment containers should shall be cleaned/disinfected between each group and should shall not be shared among multiple groups. Salad bars and self-service buffets should shall not be permitted. e) Grocery stores, retail businesses, recreation and fitness businesses should limit their occupancy 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 should will be posted at the front of the business. f) All businesses should require social distance spacing while customers are 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 should be used where practicable. h) In retail and grocery businesses, install a plexiglass, or similar divider should be installed where physically possible between the cashier and customer. i) Require Employees should be required to wash hands at regular intervals. j) Food service employees should must wear a mask which covers the employee’s nose and mouth. k) In casinos, video lottery machines should must be cleaned and disinfected between each customer. l) Employees of hair salons, nail and tanning salons, spas and barber shops should wear masks which cover their nose and mouth during customer contact times. Customer seating should must be at least six (6) feet apart. m) In gyms and fitness facilities, any equipment and/or exercise mats should must be cleaned or disinfected between each use. n) Customer seating in theaters and similar businesses should shall be reduced to allow for social distancing, with certain seats marked as “not available due to social distancing guidelines” to ensure compliance. o) Businesses should 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 should 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 Businesses should ensure proper cleaning and disinfecting is occurring. w) Businesses, particularly salons, barber shops, and spas are encouraged (but not required) to provide service on an appointment-only basis to ensure proper social distancing and hygiene practices are met. 3. In addition to the specific guidelines requirements listed above, businesses should 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 20-007. 7. Pursuant to this ordinance, the City Council may by resolution modify this ordinance the mandatory closures and adopt enact revised restrictions on public gatherings and public movements it deems necessary to address the current public health emergency. Any revised measures and restrictions which are adopted by resolution shall be for a specific duration and shall be periodically reviewed to ensure the continued necessity of such restrictions or closures. 8. The guidelines 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 or ordinance of the City Council. 10. This ordinance amends and supersedes Ordinance 20-007, and is intended to serve as the City of Brookings’ guidelines to address the COVID-19 public emergency. Accordingly, compliance with these guidelines is recommended but is not mandatory. Enforcement – Violation of this Ordinance 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 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 publication passage. Dated this ____ day of June, 2020. CITY OF BROOKINGS: (SEAL) ATTEST: Keith W. Corbett, Mayor Bonnie Foster, City Clerk Ordinance 20-010 An Ordinance Amending Emergency Ordinance 20-007 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 20-007 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 Dako ta’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 -007; NOW, THEREFORE, BE IT ORDAINED, by the City Council of Brookings that: 1. Any businesses identified in Ordinance 20-007 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 ensure 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- 007. 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 ensure 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 Ordinance 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 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. First Reading: June 9, 2020 Second Reading: July 7, 2020 Published: CITY OF BROOKINGS: (SEAL) ATTEST: Keith W. Corbett, Mayor Bonnie Foster, City Clerk