HomeMy WebLinkAbout2020_05_04 CC Minutes
Brookings City Council
May 4, 2020
The Brookings City Council held a special meeting on Tuesday, May 4, 2020 at 6:00
PM, at City Hall with the following City Council members present: Mayor Keith Corbett
and Council Members Holly Tilton Byrne, Nick Wendell, Patty Bacon, Dan Hansen,
Leah Brink, and Ope Niemeyer. City Attorney Steve Britzman, City Manager Paul
Briseno, and City Clerk Bonnie Foster were also present.
6:00 PM SPECIAL MEETING
Agenda: A motion was made by Council Member Wendell, seconded by Council
Member Bacon, to approve the Agenda. The motion carried by the following
vote: Yes: 7 - Corbett, Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton Byrne.
Resolution 20-038. A motion was made by Council Member Niemeyer, seconded by
Council Member Brink, that 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), be approved. The
motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Brink, Bacon,
Wendell, and Tilton Byrne.
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 O rder 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 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 -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.
FIRST READING – Ordinance 20-007. A 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.
Adjourn. A motion was made by Council Member Brink, seconded by Council Member
Niemeyer, that this meeting be adjourned at 7:21 p.m. The motion carried by a
unanimous vote.
CITY OF BROOKINGS
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ATTEST: Keith W. Corbett, Mayor
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Bonnie Foster, City Clerk