The URL can be used to link to this page

Home My WebLink About2021_03_23 CC PKTCity Council City of Brookings Meeting Agenda - Final-revised 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, March 23, 2021 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 REGULAR MEETING 1. Call to Order / Pledge of Allegiance. 2. Record of Council Attendance. 3. Consent Agenda: Action: Motion to Approve, Request Public Comment, Roll Call Matters appearing on the Consent Agenda are expected to be non-controversial and will be acted upon by the Council at one time, without discussion, unless a member of the Council or City Manager requests an opportunity to address any given item. Items removed from the Consent Agenda will be discussed at the beginning of the formal items. Approval by the Council of the Consent Agenda items means that the recommendation of the City Manager is approved along with the terms and conditions described in the agenda supporting documentation. 3.A. Action to approve the agenda. 3.B.ID 21-0132 Action to approve the March 9 and March 16, 2021 City Council minutes. 3/9/2021 Minutes 3/16/2021 Minutes Attachments: 3.C.RES 21-023 Action on Resolution 21-023, a Resolution declaring surplus property for the City of Brookings. ResolutionAttachments: Page 1 City of Brookings March 23, 2021City Council Meeting Agenda - Final-revised 3.D.ID 21-0125 Action on appointment to the Sustainability Council. 3.E.RES 21-026 Action on Resolution 21-026, a Bridge Reinspection Program Resolution for use with South Dakota Department of Transportation (SDDOT) Retainer Contracts. Resolution Map Attachments: 3.F.RES 21-027 Action on Resolution 21-027, a Resolution in Support of Recreational Trails Fund Grant Application. Memo Resolution Trail Extension Map Attachments: 3.G.ID 21-0145 Action to abate property taxes in the amount of $1,398.91 for Parcel #40991-40005-000-20, Madison Air Craft, LLC, Chris Funk, owner. Legal description: Airport Hangar on Leased Site Lot U-1 at the Brookings Regional Airport. Abatement Application Location Map Attachments: 4. Items removed from Consent Agenda. Action: Motion to Approve, Request Public Comment, Roll Call 5. Open Forum/Presentations/Reports: 5.A.ID 21-0137 Retirement Recognition: Todd Langland, Brookings Regional Landfill Director Certificate of AppreciationAttachments: 5.B.ID 21-0092 Proclamation: Child Abuse Prevention Month. ProclamationAttachments: 5.C.ID 21-0134 Proclamation: Developmental Disabilities Awareness Month. ProclamationAttachments: 5.D. SDSU Student Association Report. 5.E. 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. Page 2 City of Brookings March 23, 2021City Council Meeting Agenda - Final-revised 6. Contracts/Change Orders: 6.A.ID 21-0139 Discussion and Possible Action on an Amendment to the Developer’s Agreement associated with Tax Increment District #8. Memo Amendment Developers Agreement Amendment Request SDHDA Letter Article - Lumber Prices Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 7. 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 second reading is announced. 7.A.ORD 21-008 Introduction and First Reading on Ordinance 21-008, an Ordinance Authorizing Supplemental Appropriation #3 to the 2021 Budget - Parts 1,2 & 3. Second Reading: April 27, 2021. Memo Ordinance Resolution 20-009 Resolution 20-014 Picture - Fire Truck Attachments: 7.B.ORD 21-009 Introduction and First Reading on Ordinance 21-009, an Ordinance Amending Article II of Chapter 22 of the Code of Ordinances of the City of Brookings and pertaining to the Adoption of the 2018 International Building Code, the 2018 International Residential Code, the 2018 International Mechanical Code, the 2018 International Fire Code, and the 2018 International Existing Building Code with certain Amendments thereto. Public Hearing: April 27, 2021. Memo Ordinance - clean Ordinance - marked Public Notice Attachments: 8. Public Hearings and Second Readings: 8.A.RES 21-024 Remove from the Table. Discussion and Possible Action on Resolution 21-024, a Resolution Replacing the Mandatory Provisions set forth in Emergency Ordinance 21-001 with Recommendations to Address a Public Page 3 City of Brookings March 23, 2021City Council Meeting Agenda - Final-revised Health Crisis and Slow the Spread of Coronavirus (COVID-19) in the City of Brookings, South Dakota. Memo Resolution Attachments: Action: Motion to Remove from the Table, Roll Call Action: Motion to Approve, Request Public Comment, Roll Call Legislative History 3/16/21 City Council tabled to a date specific 8.B.ORD 21-012 Second Reading and Action on Ordinance 21-012, an Emergency Ordinance Amending Emergency Ordinance 21-001 to Extend and to Comprehensively Adopt Provisions to Address a Public Health Crisis and to Revise Certain Measures which are Necessary for the Immediate Preservation of the Public Health, Safety and Welfare of the City and are Necessary to Slow the Community Spread of Coronavirus (COVID-19) in the City of Brookings, South Dakota. Memo Ordinance 21-012 - clean 3/23/2021 Ordinance 21-012 - marked 3/23/2021 Hospital COVID 19 Dashboard Weekly COVID 19 Report Ordinance 21-012 - clean 3/16/2021 Ordinance 21-012 - marked 3/16/2021 Attachments: Action: Motion to Approve, Request Public Comment, Roll Call Legislative History 3/16/21 City Council read into the record 3/16/21 City Council approved 8.C.ORD 21-013 Second Reading and Action on Ordinance 21-013, an Emergency Ordinance Amending Emergency Ordinance 21-001 to Extend and to Comprehensively Adopt Provisions to Address a Public Health Crisis and to Revise Certain Measures which are Necessary for the Immediate Preservation of the Public Health, Safety and Welfare of the City and are Necessary to Slow the Community Spread of Coronavirus (COVID-19) in the City of Brookings, South Dakota. Memo Ordinance 21-013 - clean 3/23/2021 Ordinance 21-013 - marked 3/23/2021 Hospital COVID 19 Dashboard Weekly COVID 19 Report Ordinance 21-013 - clean 3/16/2021 Ordinance 21-013 - marked 3/16/2021 Attachments: Page 4 City of Brookings March 23, 2021City Council Meeting Agenda - Final-revised Action: Motion to Approve, Request Public Comment, Roll Call Legislative History 3/16/21 City Council read into the record 3/16/21 City Council approved 8.D.ORD 21-004 Public Hearing and Action on reconsideration of Ordinance 21-004, an Ordinance revising Division 3 of Chapter 82 of the Code of Ordinances of the City of Brookings and Pertaining to Speed Zones in the City of Brookings, South Dakota. Memo Ordinance - clean Ordinance - marked Traffic Safety Minutes Hearing Notice - Reconsideration Hearing Notice Map Speed comparison map Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call Legislative History 2/9/21 City Council read into the record 2/23/21 City Council approved 8.E.ORD 21-006 Public Hearing and Action on Ordinance 21-006, an Ordinance to Rezone Aldrichs Addition, legal description: West 60-feet of the East 120-feet, also known as 1402 6th Street, and Aldrichs Addition, legal description: East 60-feet, also known as 1404 6th Street, from Business B-2A Office District to Business B-2 District. Memo Ordinance Public Notice Planning Commission Minutes Area Map Zoning Map Future Land Use Map Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call Legislative History 3/9/21 City Council read into the record 8.F.ORD 21-007 Public Hearing and Action on Ordinance 21-007, an Ordinance to Rezone Lot 1 and 2, Block 2, Telkamp Industrial Addition from I-1R to I-1. Page 5 City of Brookings March 23, 2021City Council Meeting Agenda - Final-revised Memo Ordinance Public Notice Planning Commission Minutes Area Map Zoning Map Future Land Use Map Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call Legislative History 3/9/21 City Council read into the record 8.G.ID 21-0141 Public Hearing and Action on a request for an On-Off Sale Malt License for MG Oil Company, dba Corner Pantry #24, Marlyn Erickson and Troy Erickson, owners, 600 6th Street., Suite B, legal description: Lots 5-7, Block 11, Second Addition, Suite B. Pending permit issuance and final inspection per the Community Development Dept. Memo City Attorney Opinion on AR 48.02.11.02 Legal Notice Proposed Building Plan Location Map Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 8.H.ID 21-0143 Public Hearing and Action on a request for Video Lottery for MG Oil Company, dba Corner Pantry #24, Suite B, Marlyn Erickson and Troy Erickson, owners, 600 6th Street, legal description: Lots 5-7, Block 11, Second Addition, Suite B. Pending permit issuance and final inspection per the Community Development Dept. Memo City Attorney Memo on Video Lottery - 2018.05.02 City Attorney Opinion on AR 48.02.11.02 Video Lottery - State Statues and Admin Rule Legal Notice Location Map Proposed Building Plan Current Video Lottery List Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 9. Other Business: 9.A.RES 21-025 Action on Resolution 21-025, a Resolution Vacating Lot H-1 in SE ¼ of Section 36, Township 110 North, Range 50 West. Page 6 City of Brookings March 23, 2021City Council Meeting Agenda - Final-revised Memo Resolution Notice Petition to Vacate Plat Exhibit Map Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 9.B.ID 21-0140 Action on the City of Brookings 2021-2026 City Council Strategic Plan. Memo 2021-2026 Strategic Plan _Final Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 10.ID 21-0151 City of Brookings Progress Report. 11. 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. 12. Executive Session 12.A.ID 21-0153 Executive Session, pursuant to SDCL 1-25-2.5, for Consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters; and for discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business. Action: Motion to enter into Executive Session, Voice Vote Action: Motion to exit Executive Session, Voice Vote 13. Adjourn. Brookings City Council: Keith Corbett, Mayor; Patty Bacon, Deputy Mayor Council Members Leah Brink, Joey Collins, 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 7 City of Brookings March 23, 2021City Council Meeting Agenda - Final-revised Public Comment can be submitted: 1) via eComment on InSite (https://cityofbrookings.legistar.com/Calendar.aspx ), 2) Email your comments the City Clerk (bfoster@cityofbrookings-sd.gov ), or 3) participate via Zoom (contact the City Clerk for login access bfoster@cityofbrookings-sd.gov ). Thank you. Page 8 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 21-0132,Version:1 Action to approve the March 9 and March 16, 2021 City Council minutes. Attachments: 03/09/2021 Minutes 03/16/2021 Minutes City of Brookings Printed on 3/18/2021Page 1 of 1 powered by Legistar™ Brookings City Council March 9, 2021 (unapproved) The Brookings City Council held a meeting on Tuesday, March 9, 2021 at 6:00 PM, at the City & County Government Building Chambers with the following City Council members present: Mayor Keith Corbett, Council Members Patty Bacon, Leah Brink, Joey Collins, Oepke Niemeyer, Holly Tilton Byrne, and Nick Wendell. City Attorney Steve Britzman, City Manager Paul Briseno, and City Clerk Bonnie Foster were also present. 6:00 PM REGULAR MEETING Consent Agenda. A motion was made by Council Member Wendell, seconded by Council Member Brink, to approve the Consent Agenda. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins. 3.A. Action to approve the agenda. 3.B. Action to approve the February 18, February 23, and February 25-27, 2021 City Council Minutes. 3.C. Action to abate property taxes in the amount of $912.54 for Parcel #40385- 00200-005-05, also known as 125 Jefferson Avenue, Karen Korkow, owner. Legal description: South 70 of Lot 5, Block 2, Morningside Addition. 3.D. Action to abate property taxes in the amount of $973.78 for Parcel #40045- 00300-004-00, also known as 421 State Avenue, Joan Bennett, owner. Legal description: Lot 4, Block 3, Bane & Poole Addition. 3.E. Action to abate property taxes in the amount of $601.40 for Parcel #40325 - 00600-022-00 also known as 722 3rd Street South, Donald Nordbye, owner. Legal description: East 80’ of Lot 22, 23, 24, 25, 26, 27, 28, Block 6, Matthews & Scobey Addition. Presentation: Annual Dr. Martin Luther King, Jr. / Black History Month Awards by the Human Rights Commission. In celebration of Dr. King’s birthday, the Brookings Human Rights Commission sponsored an essay contest for middle school and high school students to help students reflect on Dr. King’s ideas and their effect on our community through their contest entry. However, any student was encouraged to write on any aspect of Black History should they choose, designed so students can bett er envelop themselves into the greater history of America. This year’s theme was: “There comes a time when one must take a position that is neither safe, nor politic, nor popular, but he must take it because conscience tells him it is right.” Mayor Keith C orbett presented the following awards: Essay - Middle School: 1st Place - Kendis Sackreiter, 2nd Place - Shae Lefers, 3rd Place - Alex Kidangathazhe. Essay - High School: 1st Place - Zoey Henderson. Presentation: Award in Excellence in Concrete Paving. Jason Reaves, Executive Vice President of the SD Chapter of the American Concrete Pavement Association, presented the American Concrete Pavement Association Gold Project Award to the City of Brookings for the 22nd Avenue Reconstruction Project between Minnesota Drive and Eastbrook Drive. The project included full reconstruction to widen the roadway with concrete pavement, new concrete sidewalk and shared-use path, replacement of underground utilities, traffic signal upgrades, and new street lighting. The project was designed by Civil Design, Inc. and was constructed by Timmons Construction in 2019. The project category for the award was Municipal Streets & Intersections (under 30,000 Square Yards) from their Excellence in Concrete Paving Awards Program. Any concrete pavement project in the state of South Dakota qualifies for the award. The City is proud of the project results and the street construction was a great benefit to the community. City Engineer Jackie Lanning, Brad Timmons (Timmons Construction), Jason Peterson (Project Engineer), and Jeff Cooley (CEO) accepted the award on behalf of the City of Brookings. Introduction of new City of Brookings employee. City Manager Paul Briseno introduced DJ Buthe, Public Works Director, to the City Council and the public. 2020 Full Year CFO Report. Erick Rangel, Chief Financial Officer, presented the year- end 2020 CFO Report to the City Council and members of the public. Open Forum. Jeanette Gibbons urged the City Council to remove the mandates and guidelines related to COVID-19. Bradley Walker encouraged the City Council to lift the restrictions associated with COVID-19. FIRST READING – Ordinance 21-006. Introduction and First Reading on Ordinance 21-006, an Ordinance to Rezone Aldrichs Addition, legal description: West 60-feet of the East 120-feet, also known as 1402 6th Street, and Aldrichs Addition, legal description: East 60-feet, also known as 1404 6th Street, from Business B-2A Office District to Business B-2 District. Public Hearing: March 23, 2021. FIRST READING – Ordinance 21-007. Introduction and First Reading on Ordinance 21-007, an Ordinance to Rezone Lot 1 and 2, Block 2, Telkamp Industrial Addition from I-1R to I-1. Public Hearing: March 23, 2021. Ordinance 21-003. A motion was made by Council Member Brink, seconded by Council Member Niemeyer, that Ordinance 21-003, an Ordinance Amending Division 3 of Article V, Chapter 2 of the Code of Ordinances of the City of Brookings, and pertaining to the Brookings Disability Awareness Committee, be approved. Public Comment: Brianna Doran. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins. Ordinance 21-005. A motion was made by Council Member Collins, seconded by Council Member Brink, that Ordinance 21-005, an Ordinance Authorizing Supplemental Appropriation No. 2 to the 2021 Budget, be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins. Resolution 21-019. A public hearing was held on Resolution 21 -019, a Resolution of Intent to Lease Real Property at the Brookings Regional Airport to South Dakota State University for a 5-year lease term. A motion was made by Council Member Wendell, seconded by Council Member Brink, that Resolution 21-019 be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins. Resolution 21-019 - A Resolution of Intent to Lease Real Property at the Brookings Regional Airport to South Dakota State University Be It Resolved by the governing body of the City of Brookings, South Dakota, that the City of Brookings intends to enter into a Lease with South Dakota State University for a period of five (5) years, commencing on March 9, 2021 and ending December 31, 2026 and pertaining to the following described property: 4,800 square feet on Site 201 at the Brookings Regional Airport, in Section 26 and 27-T110N-R50W in the City of Brookings, Brookings County, South Dakota. The lease will be payable annually by the last day of January of each year and subject to increases set by the Brookings City Council. The 2021 lease amount will be six hundred twenty-four dollars ($624.00). Be It Further Noted, that a Public Hearing on this Resolution was held on March 9, 2021 at 6:00 o’clock P.M. in the Chambers at the Brookings City and County Government Center and that all persons were given an opportunity to be heard on the intent to lease real property. Resolution 21-020. A public hearing was held on Resolution 21 -020, a Resolution of Intent to Lease Real Property at the Brookings Regional Airport to Robert Fite. A motion was made by Council Member Wendell, seconded by Council Member Bacon, that Resolution 21-020 be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins. Resolution 21-020 - A Resolution of Intent to Lease Real Property at the Brookings Regional Airport to Robert Fite Be It Resolved by the governing body of the City of Brookings, South Dakota, that the City of Brookings intends to enter into a Lease with Robert Fite for a period of twenty- five (25) years, commencing on March 9, 2021 and ending December 31, 2046 and pertaining to the following described property: 7,600 square feet on Site 203 at the Brookings Brookings Regional Airport, in Section 26-T110N-R50W in the City of Brookings, Brookings County, South Dakota. The lease will be payable annually by the last day of January of each year and subject to increases set by the Brookings City Council. The 2021 lease amount will be nine hundred eighty-eight dollars ($988.00). Be It Further Noted, that a Public Hearing on this Resolution was held on March 9, 2021 at 6:00 o’clock P.M. in the Chambers at the Brookings City and County Government Center and that all persons were given an opportunity to be heard on the intent to lease real property. Resolution 21-021. A motion was made by Council Member Brink, seconded by Council Member Wendell, that Public Hearing and Action on Resolution 21-021, a Resolution of Intent to Lease Real Property at the Brookings Regional Airport to Harry Thompson. be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins. Resolution 21-021 - A Resolution of Intent to Lease Real Property at the Brookings Regional Airport to Harry Thompson Be It Resolved by the governing body of the City of Brookings, South Dakota, that the City of Brookings intends to enter into a Lease with Harry Thompson for a period of twenty-five (25) years, commencing on March 9, 2021 and ending December 31, 2046 and pertaining to the following described property: 5,280 square feet on Site 135 at the Brookings Brookings Regional Airport, in Section 26 and 27-T110N-R50W in the City of Brookings, Brookings County, South Dakota. The lease will be payable annually by the last day of January of each year and subject to increases set by the Brookings City Council. The 2021 lease amount will be six hundred eighty-six dollars and forty cents ($686.40). Be It Further Noted, that a Public Hearing on this Resolution was held on March 9, 2021 at 6:00 o’clock P.M. in the Chambers at the Brookings City and County Government Center and that all persons were given an opportunity to be heard on the intent to lease real property. Resolution 21-022. A motion was made by Council Member Bacon, seconded by Council Member Brink, that Action on Resolution 21-022, a Resolution authorizing the Brookings Summer Arts Festival Committee to have exclusive use of Pioneer Park. be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins. Resolution 21-022 - A Resolution authorizing the Brookings Summer Arts Festival Committee to have Exclusive Use of Pioneer Park Whereas, the Brookings Summer Arts Festival will be held in Pioneer Park on July 10-11, 2021; and Whereas, the Summer Arts Festival Committee has requested the exclusive use and control of Pioneer Park and its facilities for said festival, plus additional days for preparation and takedown; and Whereas, the Summer Arts Festival Committee will provide evidence of liability insurance coverage including the City of Brookings as named insured; and Whereas, the Summer Arts Festival Committee has agreed to accept responsibility for the conduct of the Summer Arts Festival on said premises. Now, Therefore, Be It Hereby Resolved, that the use of Pionee r Park and its facilities as a public park shall terminate for the period of July 6 through July 13, 2021. Be It Further Resolved, that the City Council does hereby grant the exclusive use of Pioneer Park and its facilities during the Brookings Summer Arts Festival to the Summer Arts Festival Committee. Further, It Is Resolved, that the Summer Arts Festival Committee shall be responsible for maintaining said facilities and cleaning them and returning them to the City of Brookings in good condition following the festival. COVID-19 Update. City Manager Paul Briseno provided an update on COVID-19 to the City Council and public. City Council member introduction of topics for future discussion. A motion to reconsider was made by Council Member Collins, seconded by Council Member Brink, for Ordinance 21-004, an Ordinance revising Division 3 of Chapter 82 of the Code of Ordinances of the City of Brookings pertaining to Speed Zones in the City of Brookings, SD. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins. Ordinance 21-004 was therefore reconsidered, and further action will be required at a subsequent meeting. A motion was made by Council Member Brink, seconded by Council Member Collins, to revise current Ordinance 21-001 to instead provide by Resolution recommended measures to address COVID-19, with the Resolution to be discussed at the 3/16/2021 Study Session, with possible action to follow. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins. Adjourn. A motion was made by Council Member Bacon, seconded by Council Member Wendell, that the meeting be adjourned at 7:33 p.m. The motion carried by a unanimous vote. CITY OF BROOKINGS __________________________ ATTEST: Keith W. Corbett, Mayor __________________________ Bonnie Foster, City Clerk Brookings City Council March 16, 2021 (unapproved) The Brookings City Council held a Study Session on Tuesday, March 16, 2021 at 5:30 PM, at the Brookings City & County Government Center Chambers with the following City Council members present: Mayor Keith Corbett; City Council Members Patty Bacon, Nick Wendell, Joey Collins, Leah Brink, Holly Tilton Byrne, and Ope Niemeyer. City Attorney Steve Britzman, City Manager Paul Briseno, and City Clerk Bonnie Foster were also present. Action to approve the agenda. A motion was made by Council Member Wendell, seconded by Council Member Niemeyer, that the agenda be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins. Discussion on COVID-19. Discussion was held on the proposed Ordinances and Resolution regarding regulations and recommendations and the impacts of COVID-19 on the City of Brookings. FIRST READING – Ordinance 21-012. A motion was made by Council Member Tilton Byrne, seconded by Council Member Wendell, that the first reading of Ordinance 21-012, an Emergency Ordinance Amending Emergency Ordinance 21-001 to Extend and to Comprehensively Adopt Provisions to Address a Public Health Crisis and to Revise Certain Measures which are Necessary for the Immediate Preservation of the Public Health, Safety and Welfare of the City and are Necessary to Slow the Community Spread of Coronavirus (COVID-19) in the City of Brookings, South Dakota, be approved and amended to expire on April 30, 2021. Public Comment: Doug Smith and Eric Jacobson. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins. Second Reading: March 23, 2021. FIRST READING – Ordinance 21-013. A motion was made by Council Member Tilton Byrne, seconded by Council Member Niemeyer, that the first reading of Ordinance 21-013, an Emergency Ordinance Amending Emergency Ordinance 21-001 to Extend and to Comprehensively Adopt Provisions to Address a Public Health Crisis and to Revise Certain Measures which are Necessary for the Immediate Preservation of the Public Health, Safety and Welfare of the City and are Necessary to Slow the Community Spread of Coronavirus (COVID-19) in the City of Brookings, South Dakota, be approved and amended to expire on April 30, 2021. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins. Second Reading: March 23, 2021. Resolution 21-024. A motion was made by Council Member Brink, seconded by Council Member Collins, that Resolution 21-024, a Resolution Replacing the Mandatory Provisions set forth in Emergency Ordinance 21-001 with Recommendations to Address a Public Health Crisis and Slow the Spread of Coronavirus (COVID-19) in the City of Brookings, South Dakota, be tabled to the March 23, 2021 City Council Meeting. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins. Adjourn.A motion was made by Council Member Collins, seconded by Council Member Niemeyer, that this meeting be adjourned at 6:09 p.m. The motion carried by a unanimous vote. CITY OF BROOKINGS __________________________ ATTEST: Keith W. Corbett, Mayor __________________________ Bonnie Foster, City Clerk 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 21-023,Version:1 Action on Resolution 21-023, a Resolution declaring surplus property for the City of Brookings. Summary: The City of Brookings is the owner of the described equipment stated within the Resolution. This property is being declared surplus property according to SDCL Chapter 6-13. Council action is required to declare these items surplus. Fiscal Impact: The proceeds from the sale of surplus property will be delivered to the City of Brookings Finance Officer. Recommendation: Staff recommends approval. Attachments: Resolution City of Brookings Printed on 3/18/2021Page 1 of 1 powered by Legistar™ Resolution 21-023 Declaring Surplus Property Whereas, the City of Brookings is the owner of the following described equipment formerly used at the City of Brookings: Police Dept.: Firearms: .22CAL Browning Pistol Serial #655NM02422; .38 Special Smith & Wesson Serial #178017; .GMBH .22 CAL Rohm Revolver Serial #1B350151; 9MM Browning Pistol Serial #76C33115; .22 CAL Western Field Rifle; Model 60 .22CAL Glenfield Rifle Serial #25342751; Model 60 .22CAL Marlin Rifle Serial #189096; Model 60 .22CAL Glenfield Rifle Serial #21505013; Golden 39-A .22 CAL Marlin Rifle Serial #T1841; Model 03-A3 US Smith-Corona Rifle Serial #4748040; Model 2218 Smith & Wesson Pistol Serial #UAB2285; .32CAL Colt Pistol Serial #92617; Model 290 .22CAL Winchester Rifle Serial #106105; Model 60 .22CAL Marlin Rifle Serial #17342896; 870 Express 12G Remington Shotgun Serial #B254034M; Model 1100 12G Remington Shogun Serial #364582M; 12G Browning Shotgun Serial #A36950; 12G Mastermag Shotgun Serial #329213; Express 30 Springfield Rifle Serial #11151; 870 Express 12G Remington Shotgun Serial #ABG303294M; 870 Express 12G Remington Shotgun Serial #C399284M; 870 Express 12G Remington Shotgun Serial #AB303242M; 870 Express 12G Remington Shotgun Serial #X301761M; 870 Express 12G Remington Shotgun Serial #AB303260M; 870 Express 12G Remington Shotgun Serial #AB303252M; 870 Express 12G Remington Shotgun Serial #B626526M; 870 Express 12G Remington Shotgun Serial #AB303292M; 870 Express 12G Remington Shotgun Serial #AB303250M; 92 Beretta 9MM Serial #1700552; 12G Browning Shotgun Serial #1801617; 12g Stevens Shotgun Serial #24940; .22 Speedmaster Remmington Rifle Serial #A1732560; .22LR Ruger Rifle Serial #11214872; .22 LR Marlin Rifle Serial #18446578; Forehand H&A Shotgun Serial #132464; Springfield Shotgun Serial #78803; 12g Remmington Shotgun Serial #W38347M; 12g Remmington Shotgun Serial #19306; .32al LorcinHandgun Serial #2893; .38 Special Smith and Wesson Handgun Serial #576897; Excel Shotgun Serial #32287XG; .25cal Colt Handgun Serial #320419; .38 Special Taurus Handgun Serial #764012; .32cal Smith and Wesson Handgun Serial #203427; .410g Snakecharger Shotgun Serial #H316172; .45cal Hi Point Handgun Serial #325964; .410 cal Coast to Coast Shotgun Serial #H316172; 12g Browning Shotgun Serial #A12263; 12g Beretta Shotgun Serial #T38766E; Model 325A 30 -30 Stevens Rifle; Mossberg Barrel; Shotgun Barrel; Double Action No 6 H&A Handgun Serial #7754; 9mm Smith and Wesson Handgun Serial #TDD7399; 9mm Hi point Handgun Serial #19806; .32cal C>m. Marlin Handgun Serial #278; .22cal Iver Johnson Handgun Serial AE74524; .45cal Cattleman Handgun Serial #K3126; .22 sem i auto Jennings Handgun Serial #579963; .40 cal Smith and Wesson Handgun Serial #TFH4648; .38 cal Revolver Serial #V006572; .32cal H&A Handgun Serial #31449; .25cal Raven Handgun Serial #1441830; and Model 583.18 JC Higgins Shotgun. Miscellaneous items: 7 – wheeled duffle bags. The following items are to be destroyed: 7 – Protech Tactical Body Armor Vests, 2 – Point Blank Body Armor Vests, 2 – Safariland Body Armor Vests, 1 – Guardian Technology Body Armor Vest. Fire Dept.: Engine #1, 2001 Freightliner FL80 VIN# 1FV6JLCB71HG67132 Whereas, in the best financial interest, it is the desire of the City of Brookings to dispose of as surplus property; and Whereas, the City Manager is hereby authorized to sell or dispose of said surplus property. Whereas, SDCL 23A-37-10(2) moves the Court to order the sale of firearms seized by the City of Brookings, Brookings Police Dept., because no person can be determined as the rightful owner or claimed the property since 2006. Now, Therefore, Be It Resolved by the governing body of the City of Brookings, SD, that this property be declared surplus property according to SDCL Chapter 6 -13. Passed and approved this 23rd day of March, 2021. CITY OF BROOKINGS ____________________________ ATTEST: Keith W. Corbett, Mayor ___________________________ Bonnie Foster, City Clerk 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 21-0125,Version:1 Action on appointment to the Sustainability Council. Summary: Mayor Keith Corbett has submitted the following appointment for City Council advice and consent: Sustainability Council Number of positions:3 Term Length:3 years Residency Requirement:Required for Majority Purpose: The purpose of the Sustainability Council is to investigate, propose, educate, communicate, and advocate investment strategies and policies that will improve our future qualities of life while still meeting the needs of the present. Mayor’s Recommendation: 1.Appoint Emily Abele Recommendation: Staff recommends approval. City of Brookings Printed on 3/18/2021Page 1 of 1 powered by Legistar™ 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 21-026,Version:1 Action on Resolution 21-026, a Bridge Reinspection Program Resolution for use with South Dakota Department of Transportation (SDDOT) Retainer Contracts. Summary: This resolution will authorize the City to retain the services of Civil Design Inc. for the City of Brookings Bridge Reinspection Program for 2021. Background: The South Dakota Department of Transportation (SDDOT) manages the Bridge Inspection Program as part of the National Bridge Inspection Standards (NBIS) Program. All bridges and box culverts in the program are required to be inspected at intervals not to exceed two years, with the exception of reinforced concrete box culverts that meet specific criteria. The City of Brookings has three bridges and one box culvert in the program which are scheduled for inspection in 2021 (see attached map). The City follows the NBIS standards so Federal Bridge Replacement Funds can be utilized to hire consultants for the inspections. The SDDOT will secure the federal approvals and make the payments to Civil Design, Inc. for the inspection services. The SDDOT also provides for 80% funding for the inspection and the City provides the 20% match, which will be paid out of the Drainage Fund. The average cost of the inspection is approximately $5,000, with the City match being approximately $1,000. The City is recommending Civil Design, Inc. as the consultant for this project. Civil Design, Inc. has been performing the Brookings bridge inspections since 2017 and their staff is very familiar with the structures. This resolution will authorize the SDDOT to enter into a contract with Civil Design Inc. for the 2019 bridge inspection program for Brookings. Recommendation: Staff recommends approval. Attachments: Resolution Map City of Brookings Printed on 3/18/2021Page 1 of 1 powered by Legistar™ Resolution 21-026 Bridge Reinspection Program Resolution for use with South Dakota Department of Transportation (SDDOT) Retainer Contracts Whereas, 23 CFR 650, Subpart C, requires initial inspection of all bridges and reinspection at intervals, not to exceed two years, with the exception of reinforced concrete box culverts that meet specific criteria. These culverts are reinspected at intervals not to exceed four years. Therefore, the City of Brookings is desirous of participating in the Bridge Inspection Program using Bridge Replacement Funds. The City of Brookings requests SDDOT to hire Civil Design Inc. for the inspection work. SDDOT will secure Federal approvals, make payments to the Consulting Engineer for inspection services rendered, and bill the City for 20% of the cost. The City of Brookings will be responsible for the required 20% matching funds. Dated this 23rd day of March, 2021, at Brookings, South Dakota. CITY OF BROOKINGS _________________________ Keith W. Corbett, Mayor ATTEST: ____________________________ Bonnie Foster, City Clerk 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 21-027,Version:1 Action on Resolution 21-027, a Resolution in Support of Recreational Trails Fund Grant Application. Summary: This Resolution provides the support required to complete a Recreational Trails Fund (RTF) Grant Application. This would allow funding at a 80/20 grant match level to develop an extension to the Hike/Bike Trail south of the Prairie Hills Development. This trail section is identified in the Bike Master Plan and would connect to the existing paths of the Prairie Hills development. Grant match funding was identified in the 2021 Budget. Background: The Recreational Trails Fund (RTF) is a federal grant program administered through South Dakota Game, Fish, and Parks. RTF provides grant funding for recreational trail projects in South Dakota. Eligible projects may include funding for trail maintenance or new trail development. The City of Brookings has not received RTF funds in the last 10 years. Recommendation: Staff recommends approval. Attachments: Memo Resolution Map City of Brookings Printed on 3/18/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Dusty Rodiek Parks & Recreation Director Council Meeting: March 23, 2021 Subject: Resolution for Recreational Trails Fund Grant Application Person(s) Responsible: Dusty Rodiek, Parks & Recreation Director Darren Hoff, Recreation Manager Summary: This Resolution provides the support required to complete a Recreational Trails Fund (RTF) Grant Application. This would allow funding at an 80/20 grant match level to develop an extension to the Hike/Bike Trail south of the Prairie Hills Development. Grant match funding was identified in the 2021 Budget. Background: The Recreational Trails Fund (RTF) is a federal grant program administered through South Dakota Game, Fish, and Parks. RTF provides grant funding for recreational trail projects in South Dakota. Eligible projects may include funding for trail maintenance or new trail development. The grant application deadline is April 15, 2021. The City of Brookings has not received RTF funds in the last 10 years. Item Details: The Parks, Recreation and Forestry Department desires to utilize Recreational Trail Grant funding at the 80/20 grant match level to develop an extension to the Hike/Bike trail south of the Prairie Hills Development. The total project budget is anticipated to be $132,000 and would be completed in 2022 if grant funding and a 404 Permit is approved. This trail section is identified in the Bike Master Plan and would connect to the existing paths of the Prairie Hills development. The easement acquisition is in process. Additionally, this section is part of the link to connect the Bike/Hike Trail to Dakota Prairie Elementary School. Operational cost impacts would increase slightly with the required maintenance of a short boardwalk section over the wetland area. Legal Consideration: None. Strategic Plan Consideration: This trail section is identified in the Bike Master Plan and would connect to the existing paths of the Prairie Hills development. Financial Consideration: The project would be financed through the Recreational Trails Fund grant program and the City of Brookings. The City would be responsible for 20% of the project cost or $26,400 based on the current estimated budget. Grant match funding was identified in the 2021 Budget. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move to a Study Session 5. Do nothing Staff recommends approval of the resolution as presented. Supporting Documentation: Memo Resolution Map Resolution 21-027 Resolution in Support of Recreational Trails Fund Grant Application Whereas, the United States of America and the State of South Dakota have authorized the making of grants from the Recreational Trails Fund (LWCF) to public bodies to aid in financing the acquisition and/or construction of specific public trail projects; and Whereas, the Parks, Recreation and Forestry Director, is hereby authorized and directed to furnish such information as the above mentioned federal and/or state agencies may reasonably request in connection with the application which is hereby authorized to be filed; and Whereas, the City of Brookings shall provide a minimum of 20% of the total cost of the project; and will assume all responsibility in the operation and maintenance of the project upon completion of construction, for the reasonable life expectancy of the trail. Now, Therefore, Be It Resolved that the Parks, Recreation and Forestry Director is hereby authorized to execute and file an application on behalf of the City of Brookings with the National Park Service, U.S. Department of the Interior, through the State of South Dakota Department of Game, Fish and Parks, Division of Parks and Recreation, for an RTF grant to aid in financing and establishment of a trail connection to the Allen Frerichs Trail, west of Medary Ave and along the south side of the Prairie Hills development for the City of Brookings, South Dakota and its Environs. Passed and approved this 23rd day of March, 2021. CITY OF BROOKINGS Keith W. Corbett, Mayor ATTEST: Bonnie Foster, City Clerk 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 21-0145,Version:1 Action to abate property taxes in the amount of $1,398.91 for Parcel #40991-40005-000-20, Madison Air Craft, LLC, Chris Funk, owner. Legal description: Airport Hangar on Leased Site Lot U-1 at the Brookings Regional Airport. Summary: Madison Air Craft, LLC, has applied to abate a portion of the property taxes in the amount of $1,398.91 for the Airport Hangar on leased Site Lot U-1 at the Brookings Regional Airport. Parcel #40991-40005-000-20. An error has been made in any identifying entry or description of the real property, in entering the valuation of the real property or in the extension of the tax, to the injury of the complainant. Fiscal Impact: The property tax revenue will be reduced by $1,398.91. Recommendation: County Assessor recommends approval. Attachments: Abatement Application Location Map City of Brookings Printed on 3/18/2021Page 1 of 1 powered by Legistar™ Site U-1 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 21-0137,Version:1 Retirement Recognition: Todd Langland, Brookings Regional Landfill Director Todd Langland is retiring from the City of Brookings following 35 years of service. ·Todd was hired February 1986 as an Accounting Assistant in the Finance Department, and moved to the Landfill in September 1993. In May 2012, Todd was appointed as Director of Solid Waste Management. Todd has spent 27 years at the Brookings Regional Landfill, for a total of 35 years with the City of Brookings. City of Brookings Printed on 3/18/2021Page 1 of 1 powered by Legistar™ CERTIFICATE of APPRECIATION PRESENTED TO Todd Langland IN RECOGNITION OF SE RVICE TO THE CITIZEN S OF BROOKINGS AND DEDICATION TO OUR CO MMUNITY City of B rookings February 1986 - March 2021 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 #:ID 21-0092,Version:1 Proclamation: Child Abuse Prevention Month. Summary: Nikki Eining will accept the Proclamation on behalf of the Brookings County Child Protection Officers. Attachments: Proclamation City of Brookings Printed on 3/18/2021Page 1 of 1 powered by Legistar™ Mayoral Proclamation City of Brookings, South Dakota WHEREAS, children are vital to our state's future success, prosperity, and quality of life as well as being our most vulnerable assets; and WHEREAS, all children deserve to have the safe, stable, nurturing homes and communities they need to foster their healthy growth and development; and WHEREAS, one in four women and one in six men were sexually abused before the age of 18; and WHEREAS, child abuse and neglect is a community responsibility affecting both the current and future quality of life of a community; and WHEREAS, communities that provide parents with support, knowledge, and concrete resources they need to cope with stress and nurture their children ensure all children grow to their full potential; and WHEREAS, child abuse prevention strategies succeed because of partnerships created among citizens, organizations, schools, faith communities, health care providers, law enforcement, and the business community. NOW, THEREFORE, I, KEITH W. CORBETT, Mayor of the City of Brookings, South Dakota, do hereby proclaim April as: Child Abuse Prevention Month And call upon all of Brookings to increase our efforts to support families, thereby preventing the serious issue of child abuse and strengthening our community. IN WITNESS WHEREOF, I have hereunto set forth my hand and caused to be affixed the Great Seal of the City of Brookings, this 23rd day of March, 2021. 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 #:ID 21-0134,Version:1 Proclamation: Developmental Disabilities Awareness Month. Summary: A member of the Brookings Disabilities Awareness Committee will accept the Proclamation. Attachments: Proclamation City of Brookings Printed on 3/18/2021Page 1 of 1 powered by Legistar™ Mayoral Proclamation City of Brookings, South Dakota WHEREAS, individuals whose disabilities occur during their developmental years frequently have severe disabilities that are likely to continue indefinitely; and WHEREAS, disability is a natural part of the human experience that does not diminish the right of individuals to enjoy self-determination and experience full inclusion in the economic, political, social, cultural, and educational mainstream; and WHEREAS, family, friends, and the community can play an important role in enhancing the lives of individuals with disabilities, especially when provided with necessary services and supports; and WHEREAS, the goals of the nation, state and community properly include providing individuals with disabilities the opportunities and support to achieve full integration in society, in an individualized manner, consistent with unique strengths, resources, priorities, concerns, abilities, and capabilities of each individual; and WHEREAS, through increased awareness of programs and activities, the public will better understand the potential and needs of individuals with disabilities. NOW THEREFORE, I KEITH W. CORBETT, Mayor of the City of Brookings, South Dakota, do hereby proclaim March 2021, as Developmental Disabilities Awareness Month And call upon the people of Brookings to join their fellow citizens and community organizations in recognizing this special observance. IN WITNESS WHEREOF, I have hereunto set forth my hand and caused to be affixed the Great Seal of the City of Brookings, this 23rd day of March, 2021. 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 #:ID 21-0139,Version:1 Discussion and Possible Action on an Amendment to the Developer’s Agreement associated with Tax Increment District #8. Summary: PEM Affordable Housing, LLC, is requesting an amendment to the Developer’s Agreement associated with Tax Increment District #8. Background: Tax Increment District #8 was created to assist with infrastructure improvements in the Timberline Addition, specifically to provide access to 42 workforce housing lots. As part of the District, a Developer’s Agreement between the City and PEM Affordable Housing, LLC, was executed. The Developer’s Agreement identified 32 development ready residential lots shall be made available at a cost not to exceed $29,000 to Inter-Lakes Community Action Partnership (ICAP). Ten additional lots not exceeding $29,000 shall be available to ICAP, Habitat for Humanity, and/or the private sector. An additional stipulation in the Developer’s Agreement restricts the final sale price of the lot and home to 80% of the South Dakota Housing Development Authority’s First-Time Homebuyer Purchase Limits. The current purchase limits for the First-Time Homebuyer Program is $275,000. Applying the 80% Developer’s Agreement condition, the sales price of the lot and house cannot exceed $220,000. The developer has requested an amendment to Sections 3 and 4 of the Developer’s Agreement. Specifically, the developer is requesting removal of the 80% of First-Time Homebuyer Purchase Limits condition and simply restrict the final sales price of house and lot to the First-Time Homebuyer Purchase Limits, which is currently $275,000. The developer has requested the amendment due to rising lumber prices. Recommendation: Staff recommends amending the development agreement purchase price to $245,000 as the developer is receiving a public subsidy through Tax Increment District #8. Attachments: Memo Amendment Developer’s Agreement Amendment Request SDHDA Letter Article - Lumber Prices City of Brookings Printed on 3/18/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Mike Struck, Community Development Director Council Meeting: March 23, 2021 Subject: TIF #8 Developer’s Agreement Person(s) Responsible: Mike Struck, Community Development Director Summary: PEM Affordable Housing, LLC, is requesting an amendment to the Developer’s Agreement associated with Tax Increment District #8. Background: Tax Increment District #8 was created to assist with infrastructure improvements in the Timberline Addition, specifically to provide access to 42 workforce housing lots. As part of the District, a Developer’s Agreement between the City and PEM Affordable Housing LLC was executed. The Developer’s Agreement identified 32 development ready residential lots shall be made available at a cost not to exceed $29,000 to Inter -Lakes Community Action Partnership (ICAP). Ten additional lots not exceeding $29,000 shall be available to ICAP, Habitat for Humanity, and/or the private sector. An additional stipulation in the Developer’s Agreement restricts the final sale price of the lot and home to 80% of the South Dakota Housing Development Authority’s First-Time Homebuyer Purchase Limits. The current purchase limits for the First-Time Homebuyer Program is $275,000. Applying the 80% Developer’s Agreement condition, the sales price of the lot and house cannot exceed $220,000. Item Details: The developer has requested an amendment to Sections 3 and 4 of the Developer’s Agreement. Specifically, the developer is requesting removal of the 80% of First-Time Homebuyer Purchase Limits condition and simply restrict the final sales price of house and lot to the First-Time Homebuyer Purchase Limits, which is currently $275,000. The developer has requested the amendment due to rising lumber prices. Legal Consideration: The City Attorney will draft an amendment to the Developer’s Agreement upon City Council’s directive. A draft amendment is provided with the 80% term highlighted for reference. Strategic Plan Consideration: The proposed amendment would be consistent with Goal 2 of the Workforce Development initiative of the 2018-2023 City Council Strategic Plan. Financial Consideration: None. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a work session 5. Do nothing Staff recommends amending the development agreement purchase price to $245,000 as the developer is receiving a public subsidy through Tax Increment District #8. Supporting Documentation: Memo Amendment Request Amendment Developer’s Agreement SDHDA Letter Article – Lumber Prices AMENDMENT TO DEVELOPER’S AGREEMENT The City of Brookings and PEM Affordable Housing LLC entered into a Developer’s Agreement on August 28, 2018 as part of Tax Increment District Number Eight. The Developer’s Agreement contained certained terms on the development in exchange for tax increment funds used for infrastructure abutting and serving affordable housing lots. The parties now desire to modify Sections 3 and 4 of said Developer’s Agreement as follows: Section 3. Maximum Price of Developed Parcels. The Developer agrees to sell forty-two (42) development ready residential lots, of which thirty-two (32) of the residential lots will be sold to Inter-Lakes Community Action Partnership (ICAP) at a per lot cost not to exceed twenty-nine thousand dollars ($29,000). The remaining ten (10) buildable residential lots shall be made available to ICAP or Habitat for Humanity at a per lot cost not exceeding twenty-nine thousand dollars ($29,000). Should ICAP and/or Habitat for Humanity be unable to acquire such residential lot(s), the Developer may make the remaining unimproved residential lots available on the private market for residential development provided the Developer limits the selling price of a complete home and lot in an amount not to exceed $200,160 through December 31, 2018. The selling price after December 31, 2018 shall not exceed eighty percent (80%) of the South Dakota Housing Development Authority First-Time Homebuyer Purchase Limits. There shall be no special assessments levied against any parcel within TIF District #8 for the provision of infrastructure with the initial sale. Section 4. Covenants to run with the land. As a condition of providing the tax increment fund proceeds, the Developer covenants and agrees to provid e affordable housing consisting of not less than forty-two (42) single-family residential lots, of which thirty-two (32) single-family residential lots with a maximum lots sales price of $29,000 per lot shall be available to Inter-Lakes Community Action Partnership (ICAP) for the Mutual Self-Help Program for construction in the subdivision of affordable housing units. The remaining 10 single-family residential lots will be available to ICAP, Habitat for Humanity, or a private contractor or contractors with a combined maximum sales price of each residential lot and residence not to exceed $200,160, which is eight percent (80%) of the South Dakota Housing Development Authority First-Time Homebuyer Program purchase limits for Brookings County as of the date of this agreement. The selling price after December 31, 2018 shall not exceed eighty percent (80%) of the South Dakota Housing Development Authority First-Time Homebuyer Purchase Limits. This agreement shall be recorded in the office of the Brookings County Register of Deeds as evidence of the Developer’s Covenants under this Section. The Mayor, City Manager and City Clerk are hereby authorized to execute on behalf of the City the documents required to complete the Amendment described herein. Dated this 23rd day of March, 2021. CITY OF BROOKINGS Keith W.Corbett, Mayor ATTEST: Bonnie Foster, City Clerk PEM Affordable Housing LLC Member 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 21-008,Version:1 Introduction and First Reading on Ordinance 21-008, an Ordinance Authorizing Supplemental Appropriation #3 to the 2021 Budget - Parts 1,2 & 3. Second Reading: April 27, 2021. Summary: Part 1 will re-distribute 3B and BID 2020 sales tax surplus to supported Economic Development Agencies. Part 2 will increase CIP fund appropriation to execute the purchase of a Fire Truck financed by the Landfill per Resolutions 20-009 and 20-014 enacted last year. Part 3 will increase funding to cover initial efforts to prepare for implementation of the Marijuana Legalization Bill. Recommendation: Staff recommends approval. Attachments: Ordinance Resolution 20-009 Resolution 20-014 Picture - Fire Truck City of Brookings Printed on 3/18/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Erick Rangel, Chief Financial Officer Council Meeting: March 23, 2021 / April 27, 2021 Subject: Ordinance 21-008, an Ordinance Authorizing Supplemental Appropriation #3 to the 2021 Budget – Parts 1,2 & 3 Person(s) Responsible: Paul Briseno, City Manager Erick Rangel, Chief Financial Officer Summary: Part 1 will re-distribute 3B and BID 2020 sales tax surplus to supported Economic Development Agencies. Part 2 will increase CIP fund appropriation to execute the purchase of a Fire Truck financed by the Landfill per Resolutions 20-009 and 20-014 enacted last year. Part 3 will increase funding to cover initial efforts to prepare for implementation of the Marijuana Legalization Bill. Background: Part 1 In March 2020, the City proactively carried out a cost cutting initiative across the board to be better positioned to face the unknown revenue impact of COVID. The proposed cuts also impacted all Economic Development Agencies. At that time, the City reduced all non-restricted subsidy funding by 15.3%, this plan included depleting the City’s 3B and BID reserves to offset the -40% to -60% expected revenue reduction. It was also communicated that if revenues ended up better than expecte d, returning the funds proportionally would be explored. Even though the City experienced a slowdown in revenues, the revenue reduction was not as steep as originally anticipated. That said, after estimating the 2020 budget surplus for the BID and 3B funds, the City’s Financial Stability Reserve Policy, and proportionally evaluating the 2020 cuts, City staff is proposing to re-distribute 41.3% of the original cuts to the respective agencies totaling $84,729. Part 2 In 2020, the Brookings Fire Department budgeted to replace a 2001 Fire Engine. The approved contract was for $540,243 per Resolution 20-009. In addition, Resolution 20- 014 approved the Fire Engine’s financing with an Interfund loan from the Landfill. The proposed amendment would appropriate the necessary expense authority to the CIP fund to close the purchasing transaction. Part3 As of now, and with a 2/3 vote-requiring change, IM 26 will go into effect as written on July 1, 2021 legalizing medical marijuana in South Dakota. The requested incremental $30,000 will be used to fund an industry consultant to assist City staff with the initial planning and set up for the local implementation of this legislation. Item Details: Staff recommends the proposed budget amendment. Legal Consideration: None. Strategic Plan Consideration: The budget amendment furthers the City’s mission of being a pro-active, fiscally- responsible municipal government. Financial Consideration: Part 1 Staff proposes to allocate the surplus re-distribution as follows: Agency 2020 Original Budget 2020 Actual Payment Reduced By To Re- distribute Surplus Funding Source Downtown At Sundown + Chamber 83,075 70,369 12,706 5,248 3B Brookings CVB 443,138 375,362 67,776 27,993 3B + BID SDSU student visitor 17,000 14,400 2,600 1,074 3B Economic Dev 210,875 186,270 24,605 10,162 3B Swiftel Center 490,912 415,831 75,081 31,010 3B Research Park 146,250 123,873 22,377 9,242 GF Total 1,391,250 1,186,105 205,145 84,729 The 3B and BID funds reserves after distribution would be well above its minimum levels set by the City’s Financial Stability Reserve Policy. Part 2 Increases CIP expense authority by $358,616.77:  $350,243 to finalize purchase of a Fire Truck. This amount plus the current $190,000 in the budget adds up to the full $540,243 approved in Resolutions 20-014 and 20-009  $8,373.77 to cover 2021’s interest expense to the landfill As a reminder, the CIP fund will pay back the Landfill the advanced amount within the next 6 years with a 1.55% interest rate. Part 3 Requested incremental $30,000 would be funded by the General Fund’s 2020 unassigned surplus. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Refer to a study session 5. Do nothing Staff recommends approval of the ordinance as presented. Supporting Documentation: Ordinance Resolution 20-009 Resolution 20-014 Picture – Fire Truck Ordinance 21-008 An ordinance Authorizing Supplemental Appropriation No. 3 to the 2021 Budget Be It Ordained by the City of Brookings, South Dakota: Whereas State Law (SDCL 9-21-7) and the City Charter (4.06 (a)) permit supplemental appropriations provided there are sufficient funds and revenues available to pay the appropriation when it becomes due. Now, Therefore, Be It Resolved by the City Council that the City Manager be authorized to make the following budget adjustments to the 2021 budget: Part 1 – re-distributes 3B and BID 2020 sales tax surplus to supported Economic Development Agencies. Part 2 – increases CIP fund appropriation to execute the purchase of a Fire Truck financed by the Landfill per Resolutions 20-009 and 20-014 enacted last year. General Fund Increase/ (Decrease) Justification Expense/Transfer 101-495-5-856-61 Research Park 9,242 Re-distribution of 2020 COVID driven budget cuts 9,242 Special Revenue Funds Increase/ (Decrease) Justification Expense/Transfer 284-000-5-856-72 Downtown At Sundown + Chamber 5,248 Re-distribution of 2020 COVID driven budget cuts 284-000-5-429-21 Brookings CVB 27,993 Re-distribution of 2020 COVID driven budget cuts 284-000-5-856-49 SDSU student visitor 1,074 Re-distribution of 2020 COVID driven budget cuts 284-000-5-856-73 Economic Dev 10,162 Re-distribution of 2020 COVID driven budget cuts 284-000-7-899-03 Swiftel Center 31,010 Re-distribution of 2020 COVID driven budget cuts 75,488 84,729 Total change in expense Total change in expense Total Expense/Transfer Part 1 CIP/Landfill Funds Increase/ (Decrease) Justification Expense/Transfer 213-000-5-940-08 Fire Dep. Capital Exp.350,243 Complete Fire Truck purchase 213-000-5-470-03 Debt Service Cost 8,374 Interest expense owed to the Landfill 358,617 358,617 Total change in expense Total Expense/Transfer Part 2 Part 3 – increases funding to cover initial efforts to prepare for implementation of the Marijuana Legalization Bill. All ordinances or parts of Ordinances in conflict herewith are hereby repealed. First Reading: March 23, 2021 Second Reading: April 27, 2021 Published: CITY OF BROOKINGS, SD Keith W. Corbett, Mayor ATTEST: Bonnie Foster, City Clerk General Fund Increase/ (Decrease) Justification Expense/Transfer 101-405-5-422-03 Consulting/Engineering 30,000 Consultant to assit with initial IM 26 implementation 30,000 30,000 Total change in expense Total Expense/Transfer Part 3 Resolution 20-014 Resolution Authorizing a Interfund Loan from the Landfill Fund to the Fire Department to be used for the purchase of a 2020 Fire Engine Whereas, the Brookings Fire Department is purchasing a 2020 Fire Engine and desires to finance a portion of the purchase price using an Interfund Loan from the Brookings Landfill Fund; and Whereas, in accordance with SDCL 9-22-24, the City is authorized, upon approval of the City Council, to loan unrestricted cash from one fund to another fund of the City; and Whereas, it is in the best interests of the City of Brookings to finance the purchase of said fire equipment internally through a Interfund Loan from the Landfill Fund to the Fire Department Fund. Now, Therefore, Be It Resolved, that the City Manager is directed to execute an Interfund Loan from the Landfill Fund to the Fire Department Fund, providing an annual interest rate of 1.55%, payable as follows: Principal $540,243 Interest 1.55% Term 6 year term, 1 payment per year Passed and approved on the 28th day of January, 2020. CITY OF BROOKINGS __________________________ Keith W. Corbett, Mayor ATTEST: __________________________ Bonnie Foster, City Clerk Interfund Loan Schedule Payment # Year T Payment Principal Interest Balance 1 2020 $94,987.80 $86,614.03 $8,373.77 ($453,628.97) 2 2021 $94,987.80 $87,956.55 $7,031.25 ($365,672.42) 3 2022 $94,987.80 $89,319.88 $5,667.92 ($276,352.54) 4 2023 $94,987.80 $90,704.33 $4,283.46 ($185,648.21) 5 2024 $94,987.80 $92,110.25 $2,877.55 ($93,537.96) 6 2025 $94,987.80 $93,537.96 $1,449.84 $0.00 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 21-009,Version:1 Introduction and First Reading on Ordinance 21-009, an Ordinance Amending Article II of Chapter 22 of the Code of Ordinances of the City of Brookings and pertaining to the Adoption of the 2018 International Building Code, the 2018 International Residential Code, the 2018 International Mechanical Code, the 2018 International Fire Code, and the 2018 International Existing Building Code with certain Amendments thereto. Public Hearing: April 27, 2021. Summary: This ordinance will adopt the 2018 International Codes with amendments thereto. Recommendation: Board of Appeals recommends approval. Staff recommends approval. Attachments: Memo Ordinance - clean Ordinance - marked Public Notice City of Brookings Printed on 3/18/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Jared Thomas, Chief Building Official Council Meeting: March 23, 2021 / April 27, 2021 Subject: Adoption of 2018 International Codes with Amendments thereto Person(s) Responsible: Jared Thomas, Chief Building Official Summary: The proposed ordinance would amend Chapter 22 of the Building Code as is periodically required by State Law. City staff along with the Board of Appeals reviewed the adopted building code and the Adoption of the 2018 International Building Code, the 2018 International Residential Code, the 2018 International Mechanical Code, the 2018 International Fire Code, and the 2018 International Existing Building Code (I-Codes) with certain Amendments thereto. Background: The City of Brookings previously adopted the 2015 I-codes. City staff and the Board of Appeals met on March 10, 2021 to discuss the proposed amendments. Many of the amendments proposed for the 2018 I-Codes are the same amendments to the 2015 I- Codes. City Staff and BOA discussed the following new changes to the 2018 I-codes. R302.13 Fire Protection of Floors In previous code amendments this section was deleted due to concerns of the increased construction costs for a new house. City staff and the Board of Appeals discussed this section of the building code and decided to add in an exception removing the requirement of fire protection of floors for unfinished basements. Chapter 11 of the 2018 International Residential Code (IRC), Energy Efficiency In previous code amendments Chapter 11 of the 2015 IRC was deleted and Chapter 11 of the 2009 IRC was adopted. A task force was created, consisting of members of the Board of Appeals, City staff, and the Sustainability Council, to review Chapter 11 of the 2018 IRC. The task force discussed the building code, amendments made by peer communities and potential local impacts. The task force recommendation was to adopt the Chapter 11 of the 2018 IRC, with amendments. Item Details: An ordinance amending Article II of Chapter 22 of the Code of Ordinances of the City of Brookings and pertaining to the adoption of the 2018 International Building Code, the 2018 International Residential Code, the 2018 International Mechanical Code, the 2018 International Fire Code, and the 2018 International Existing Building Code with certain amendments thereto. Legal Consideration: In accordance with South Dakota Codified Law (SDCL) 11-10-5, and related State Laws, are updated periodically to require compliance with the most recent uniform codes. The most recent building code is the 2018 edition of the International Building Code. This Ordinance will update City Code Section 22-31 to adopt the most recent building codes. SDCL 11-10-5 also permits the governing body to amend, modify, or delete any portion of these codes. The proposed Ordinance also updates the amendments, modifications, and deletions of the Building Code of the City of Brookings. Strategic Plan Consideration: The use and enforcement of up-to-date building codes, specifications and standards will enhance community resiliency while saving money and lives. Financial Consideration: None. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a work session 5. Do nothing The Board of Appeals (BOA) and City staff recommend approval of the Ordinance as presented. Supporting Documentation: Memo Ordinance - clean Ordinance - marked Public Notice Ordinance 21-009 An Ordinance Amending Article II Of Chapter 22 Of The Code Of Ordinances Of The City Of Brookings And Pertaining To The Adoption Of The 2018 International Building Code, The 2018 International Residential Code, The 2018 International Mechanical Code, The 2018 International Fire Code, And The 2018 International Existing Building Code With Certain Amendments Thereto. Be It Ordained by the City of Brookings that Article II of Chapter 22 of the Code of Ordinances of the City of Brookings be amended to read as follows: I. Article II. Building Code Sec. 22-31. Adoption. There is adopted by the City those certain codes known as the 20 18 Edition of the International Building Code, the 2018 International Residential Code, the 2018 International Mechanical Code, the 2018 International Fire Code and the 2018 International Existing Building Code, collectively referred to as the “International Building Code”, “building code” or “code”. A copy of the building code is on file in the office of the City Engineer and is available for inspection. Sec. 22-32. Conflicts. In the event of any other conflict between the provisions of the International Building Code adopted by this article and other provisions of city ordinance, state law or ru les or regulations of the city, the provisions of city ordinance, state law or the rules or regulations of the city shall prevail and be controlling. Sec. 22-33. Definitions. The following words, terms and phrases, when used in the building code adopted in section 22-31, shall be defined, except where the context clearly indicates a different meaning, as follows: Municipality means the City of Brookings. Sec. 22-34. Establishment of office of building official. The office of building official is created, and the city manager shall designate the executive official in charge, who shall be known as the building official and whose duties shall be as outlined in the International Building Code adopted in section 22 -31. Sec. 22-35. Fees; permits. (a) No permit required by the building code shall be issued until the fee prescribed by resolution shall have been paid. No amendment to a permit shall be approved until the additional fee, if any, resulting from an increase in the estimated cost of the building or structure, shall have been paid. (b) For the demolition or removal of a building that is furnished with water and/or sewer, a permit may be granted; provided, however, that in such case, a deposit guaranteeing the abandonment of the water services and guaranteeing the abandonment of the sewer services shall be deposited at the time of application for such permit, the deposit to be in an amount to be determined by policy of the utility board. Such deposit, but not the fees, will be refunded upon completion of t he work or the city will arrange for such work at actual cost, plus ten percent to be paid from such deposit. The demolition or removal shall be completed within 30 days after the issuance of the permit. If water and sewer services are to be reused or new services required for a new structure in the immediate future at the same location, deposits may be waived by the building official. Sec. 22-36. Amendments. The following amendments to the 2018 International Residential Code are adopted and incorporated into the building code: Section R105.2 Work exempt from permit. Exemption from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following: Building: 1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet (11.15 m2). 2. Fences not over 6 feet (1,829 mm) high. 3. Retaining walls that are not over 4 feet (1 ,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge. 4. Water tanks supported directly upon grade if the capacity is not greater than 5,000 gallons (18,927 L) and the ratio of height to diameter or width is not greater than 2 to 1. 5. Sidewalks 6. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 7. Prefabricated swimming pools that are less than 24 inches (610 mm) deep. 8. Swings and other playground equipment. 9. Window awnings supported by an exterior wall that do not project more than 54 inches (1,372 mm) from the exterior wall and do not require additional support. Section R105.5 Expiration. Every permit issued shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance or after commencement of work if more than 180 days pass between inspections. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. Exception: Every permit issued shall become invalid 2 years from date of issuance. Section R106.2 Site plan or plot plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing the size and location of new construction, erosion and sediment controls in accordance with Chapter 72 of the Code of Ordinances, lowest allowable building opening, and existing structures on the site and distances from lot lines. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan where the application for permit is for alteration or repair or where otherwise warranted. Section R108.6 Work commencing before permit issuance. Any person who commences work requiring a permit on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to an investigation fee established by the applicable governing authority that shall be in addition to the required permit fees. The minimum investigation fee shall be equal to the amount of the permit fee required by this code. The payment of such fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. Section R301.2 Climatic and Geographic Design Criteria. 1. Ground Snow Load ................................................ 40 psf contour Roof slopes with a rise of three inches (76.2 mm) or less to 12 inches (305 mm) shall be designed for a full or unbalanced snow load of not less than 30 pounds per square foot (1.44kN/square meter) of horizontal projection. Where a roof system is designed to slope less than one-quarter inch (6.35 mm) per 12 inches (305 mm), a surcharge load of not less five pounds per square foot (0.24kN/square meter) in addition to the required live load due to snow shall be designed for. Roof slopes with over three inches (76.2 mm) of rise per 12 inches (305 mm) shall be designed for a full or unbalanced snow load of not less than 25 pounds per square foot (1.2kN/square meter) of horizontal projection. Potential unbalanced accumulation of snow at valleys, parapets, roof structures, and offsets in roofs of uneven configuration shall be considered. 2. Wind Speed ................................................................. 115 mph 3. Seismic Design Category ............................................ A 4. Weathering .................................................................. Severe 5. Frost Line Depth .......................................................... 42 inches 6. Termite Damage .......................................................... Severe to Moderate 7. Winter Design Temperature......................................... -11 deg Fahrenheit 8. Ice barrier underlayment requirement .......................... Yes 9. Air freezing index ......................................................... 3,000 10. Mean annual temperature ........................................... 46 deg Fahrenheit Section R302.13 Fire protection of floors. Floor assemblies that are not required elsewhere in this code to be fire-resistance rated shall be provided with a 1/2-inch (12.7 mm) gypsum wallboard membrane, 5/8-inch (16 mm) wood structural panel membrane, or equivalent on the underside of the floor framing member. Penetrations or openin gs for duct, vents, electrical outlets, lighting, devices, luminaires, wires, speakers, drainage, piping and similar openings or penetrations shall be permitted. Exceptions: 1. Floor assemblies located directly over a space protected be an automatic sprinkler system in accordance with Section P2904, NFPA 13D, or other approved equivalent sprinkler system. 2. Floor assemblies located directly over a crawl space. 3. Portions of floor assemblies shall be permitted to be unprotected where complying with the following: 3.1 The aggregate area of the unprotected portions does not exceed 80 square feet (7.4 m2) per story. 3.2 Fire blocking is accordance with Section R302.11.1 is installed along the perimeter of the unprotected portion to separate the unprotected portion from the remainder or the floor assembly. 4. Wood floor assemblies using dimension lumber or structural composite lumber equal to or greater than 2-inch by 10-inch (50.8 mm by 254 mm) nominal dimension, or other approved floor assemblies demonstrating equivalent fire performance. 5. Floor assemblies installed over an unfinished basement. Section R310.2.2 Window sill height. Where a window is provided as the emergency escape and rescue opening, it shall have a sill height of not more than 48 inches above the floor; where the sill height is below grade, it shall be provided with a window well in accordance with Section R310.2.3. Section R310.2.3.1 Ladder and steps. Window wells with a vertical depth greater than 48 inches shall be equipped with a permanently affixed ladder or steps usable with the window in the fully open position. Ladders or steps required by this section shall not be required to comply with Sections R311.7. Ladders or rungs shall have an inside width of not less than 12 inches (305 mm), shall project not less than 3 inches (76 mm) from the wall and shall be spaced not more than 18 inches (457 mm) on center vertically for the full height of the window well. Section R310.2.4 Emergency escape windows under decks and porches. Emergency escape and rescue openings installed under decks and porches shall be fully openable and provide a path not less than 80 inches in height to a yard or court. Section R311.7.8.5 Grip-size. Required handrails shall be of one of the following types or provide equivalent grasp ability. 1. Type I. Handrails with a circular cross section shall have an outside diameter of not less than 1-1/4 inches (32 mm) and not greater than 2 inches (51 mm). If t he handrail is not circular, it shall have a perimeter of not less than 4 inches (102 mm) and not greater than 6-1/4 inches (160 mm) and a cross section of not more than 2-1/4 inches (57 mm). Edges shall have a radius of not less than 0.01 inch (0.25 mm). 2. Type II. Handrails with a perimeter greater than 6 -1/4 inches (160 mm) shall have a graspable finger recess area on both sides of the profile. The finger recess shall be within 3/4 inch (19 mm) measured vertically from the tallest portion of the profile and have a depth of not less than 5/16 inch (8 mm) within 7/8 inch (22 mm) below the widest portion of the profile. This required depth shall continue for not less than 3/8 inch (10 mm) to a level that is not less than 1-3/4 inches (45 mm) below the tallest portion of the profile. The width of the handrail abo ve the recess shall be not less than 1-1/4 inches (32 mm) and not more than 2-3/4 inches (70 mm). Edges shall have a radius of not less than 0.01 inch (0.25 mm). Exception: Exterior stairs not serving required egress door are allowed to have a horizontal 2x member to form a 1-1/2 inch graspable dimension in lieu of the above reference perimeter dimensions. Section R313 Automatic Fire Sprinkler Systems. Not Adopted by the City Section R314.3 Location. Smoke alarms shall be installed in the following locations: 1. In each sleeping room. 2. Outside each separate sleeping area in the immediate vicinity of the bedrooms. 3. On each additional story of the dwelling, including basements and habitable attics and not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided the lower level is less than one full story below the upper level. 4. Smoke alarms shall be installed not less than 3 feet (914) horizontally from the door or opening of a bathroom that contains a bathtub or shower unless this would prevent placement of a smoke alarm required by Section R314.3. 5. A smoke detector installed in a stairwell shall be so located as to ensure that smoke rising in the stairwell cannot be prevented from reaching the detector by an intervening door or obstruction. 6. A smoke detector installed to detect a fire in the basement shall be located in close proximity to the stairway leading to the floor above. 7. The smoke detector installed on a story without a separate sleeping area shall be located in close proximity to the stairway leading to the floor above. 8. Smoke detectors shall be mounted on the ceiling at least four inches (102 mm) from a wall or on a wall with the top of the detector not less than four inches (102 mm) nor more than 12 inches (305 mm) below the ceiling. Section R401.1, Application. The provisions of this chapter shall control the design and construction of the foundation and foundation spaces for buildings. In addition to the provisions of this chapter, the design and construction of foundations in flood hazard areas as established by Table R301.2(1) shall meet the provisions of Section R322. Wood foundations shall be designed and installed in accordance with AWC PWF. Exception: The provisions for this chapter shall be permitted to be used for wood foundations only in the following situations: 1. In buildings that have no more than two floors and a roof. 2. Where interior basement and foundation walls are constructed at intervals not exceeding 50 feet (15240 mm). Wood foundations in Seismic Design Category D(0), D(1), or D(2) shall be designed in accordance with accepted engineering practice. For new home construction, curb and gutter shall be required to be installed on all sides of the lot adjacent to the public street right-of-way prior to the issuance of the building permit, except for pre-existing public streets which do not have curb & gutter. Section R401.3 Drainage. Surface drainage shall be diverted to a storm sewer conveyance or other approved point of collection that does not create a hazard. Lots shall be graded to drain surface water away from foundation walls. The grade shall fall a minimum of 6 inches (152 mm) within the first 10 feet (3,048 mm). In addition, the top of any exterior foundation shall extend above the elevation of the street gutter at poi nt of discharge or the inlet of an approved drainage device a minimum of 12 inches (305 mm) plus 2 percent. Alternate elevations are permitted subject to the approval of the building official, provided it can be demonstrated that the required drainage to the point of discharge and away from the structure is provided at all locations on the site. Exception: Where lot lines, walls, slopes or other physical barriers prohibit 6 inches (152 mm) of fall within 10 feet (3,048 mm), drains or swales shall be constructed to ensure drainage away from the structure. Impervious surfaces within 10 feet (3,048 mm) of the building foundation shall be sloped a minimum of 2 percent away from the building. R403.1.4.1 Frost protection. Except where otherwise protected from frost, foundation walls, piers and other permanent supports of buildings and structures shall be protected from frost by one or more of the following methods: 1. Extended below the frost line specified in Table R301.2.(1). 2. Constructed in accordance with ASCE 32. 3. Erected on solid rock. Footings shall not bear on frozen soil unless the frozen condition is permanent. Exceptions: 1. Protection of freestanding accessory structures with an area of 1,000 square feet or less, of light-frame construction, with an eave height of 10 feet (3,048 mm) or less shall not be required. 2. Protection of freestanding accessory structures with an area of 400 square feet (37 m2) or less, of other than light-frame construction, with an eave height of 10 feet (3,048 mm) or less shall not be required. 3. Decks not supported by a dwelling need not be provided with footings that extend below the frost line. Table N1102.1.2 – Delete and Replace with Table N1102.1 of the 2009 IRC. N1102.2.9 (R402.2.0) Basement walls. Walls associated with conditioned basements shall be insulated from the top of the basement wall down to 10ft (3048 mm) below grade or to the basement floor, whichever is less. Walls associated with unconditioned basements shall comply with this requirement except where the floor overhead is insulated in accordance with Section N1102.1.2 and N1102.2.8. Exception: Exterior basement walls of enclosed mechanical rooms. N1102.4.1.2 (R402.4.1.2) Testing. Not Adopted by the City. N1102.4.4 (R402.4.4) Rooms containing fuel-burning appliances. Not adopted by the city. N1103.3.3 (R403.3.3) Duct testing (Mandatory). Not Adopted by the City. The following amendments to the 2018 International Building Code are adopted and incorporated into the building code: Section 105.2 Work exempt from permit. Building: 1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area is not greater than exceed 120 square feet (11 m2). 2. Fences not over 6 feet (1829 mm) high. 3. Oil derricks. 4. Retaining walls that are not over 4 feet (1 ,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge. 5. Water tanks supported directly upon grade if the capacity is not greater than 5,000 gallons (18,927 L) and the ratio of height to diameter or width is not greater than 2:1. 6. Sidewalks not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route. 7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 8. Temporary motion picture, television and theater stage sets and scenery. 9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less 24 inches (610 mm) deep, are not greater than 5,000 gallons (18,924 L) and are installed entirely above ground. 10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems. 11. Swings and other playground equipment 12. Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches (1 ,372 mm) from the exterior wall and do not require additional support. 13. Non-fixed and moveable fixtures, case, racks, counters and partitions not over 5 feet 9 inches (1,753 mm) in height. Section 107.2.6 Site Plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades and , as applicable, flood hazard areas, floodways, and design flood elevations, and erosion and sediment controls and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted. The City Engineer may require that the construction documents submitted with the application for permit be accompanied by a final drainage plan for all projects involving one acre or more of land area. The final drainage plan shall conform to the city approved Storm Drainage Design and Technical Criteria Manual. All drainage facilities including storm sewers, on-site detention, drainage ways, detention basins and detention channels shall be designed in compliance with approved engineering design standards and the Storm Drainage and Technical Criteria Manual and are subject to approval of the City Engineer. 109.4 Work commencing before permit issuance. Any person who commences work requiring a permit on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to an investigation fee established by the applicable governing authority that shall be in additio n to the required permit fees. The minimum investigation fee shall be equal to the amount of the permit fee required by this code. The payment of such fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. Section 903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area. Exceptions: 1. All R-3 Occupancies. 2. All R-2 buildings with (5) or fewer dwelling units or congregate living facilities with 16 or few occupants. Section 1030.3 Maximum height from floor. Emergency escape and rescue openings shall have the bottom of the clear opening not greater than 48 inches measured from the floor. Section 1030.4.2 Ladder and steps. Window wells with a vertical depth of more than 48 inches shall be equipped with an approved permanently affixed ladder or steps. Ladders or rungs shall have an inside width of not less than 12 inches (305 mm), shall project at least 3 inches (76 mm) from the wall and shall be spaced not more than 18 inches (457 mm) on center (o.c.) vertically for the full height of the window well. The ladder or steps shall not encroach into the required dimensions of the window well by more than 6 inches (152 mm). The ladder or steps shall not be obstructed by the emergency escape and rescue opening. Ladders or steps required by this section are exempt from the stairway requirements of Section 1011. Any or all ordinances in conflict herewith are hereby repealed. FIRST READING: March 23, 2021 SECOND READING: April 27, 2021 PUBLISHED: April 30, 2021 CITY OF BROOKINGS _______________________________ Keith W. Corbett, Mayor ATTEST: __________________________________ Bonnie Foster, City Clerk Ordinance No. 21-009 An Ordinance Amending Article II Of Chapter 22 Of The Code Of Ordinances Of The City Of Brookings And Pertaining To The Adoption Of The 2018 International Building Code, The 2018 International Residential Code, The 2018 International Mechanical Code, The 2018 International Fire Code, And The 2018 International Existing Building Code With Certain Amendments Thereto. Be It Ordained by the City of Brookings that Article II of Chapter 22 of the Code of Ordinances of the City of Brookings be amended to read as follows: I. Article II. Building Code Sec. 22-31. Adoption. There is adopted by the City those certain codes known as the 2018 Edition of the International Building Code, the 2018 International Residential Code, the 2018 International Mechanical Code, the 2018 International Fire Code and the 2018 International Existing Building Code, collectively referred to as the “International Building Code”, “building code” or “code”. A copy of the building code is on file in the office of the City Engineer and is available for inspection. Sec. 22-32. Conflicts. In the event of any other conflict between the provisions of the International Building Code adopted by this article and other provisions of city ordinance, state law or rules or regulations of the city, the provisions of city ordinance, state law or the rules or regulations of the city shall prevail and be controlling. Sec. 22-33. Definitions. The following words, terms and phrases, when used in the building code adopted in section 22-31, shall be defined, except where the context clearly indicates a different meaning, as follows: Municipality means the City of Brookings. Sec. 22-34. Establishment of office of building official. The office of building official is created, and the city manager shall designate the executive official in charge, who shall be known as the building official and whose duties shall be as outlined in the International Building Code adopted in section 22-31. Sec. 22-35. Fees; permits. (a) No permit required by the building code shall be issued until the fee prescribed by resolution shall have been paid. No amendment to a permit shall be approved until the additional fee, if any, resulting from an increase in the estimated cost of the building or structure, shall have been paid. (b) For the demolition or removal of a building that is furnished with water and/or sewer, a permit may be granted; provided, however, that in such case, a deposit guaranteeing the abandonment of the water services and guaranteeing the abandonment of the sewer services shall be deposited at the time of application for such permit, the deposit to be in an amount to be determined by policy of the utility board. Such deposit, but not the fees, will be refunded upon completion of the work or the city will arrange for such work at actual cost, plus ten percent to be paid from such deposit. The demolition or removal shall be completed within 30 days after the issuance of the permit. If water and sewer services are to be reused or new services required for a new structure in the immediate future at the same location, deposits may be waived by the building official. Sec. 22-36. Amendments. The following amendments to the 2018 International Residential Code are adopted and incorporated into the building code: Section R105.2 Work exempt from permit. Exemption from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following: Building: 1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 200 square feet (18.58 m2) 120 square feet (11.15 m2). 2. Fences not over 7 6 feet (2134 mm) (1,829 mm) high. 3. Retaining walls that are not over 4 feet (1,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge. 4. Water tanks supported directly upon grade if the capacity is not greater than 5,000 gallons (18,927 L) and the ratio of height to diameter or width is not greater than 2 to 1. 5. Sidewalks and driveways. 6. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 7. Prefabricated swimming pools that are less than 24 inches (610 mm) deep. 8. Swings and other playground equipment. 9. Window awnings supported by an exterior wall that do not project more than 54 inches (1,372 mm) from the exterior wall and do not require additional support. 10. Decks not exceeding 200 square feet (18.58m2) in area, that are not more than 30 inches (762 mm) above grade at any point, are not attached to a dwelling and do not serve the exit door required by Section R311.4. Section R105.5 Expiration. Every permit issued shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance or after commencement of work if more than 180 days pass between inspections. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. Exception: Every permit issued shall become invalid 2 years from date of issuance. Note: This exception puts an expiration date on building permits. Section R106.2 Site plan or plot plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing the size and location of new construction, erosion and sediment controls in accordance with Chapter 72 of the Code of Ordinances, lowest allowable building opening, and existing structures on the site and distances from lot lines. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan where the application for permit is for alteration or repair or where otherwise warranted. Note: This code change introduces the requirements of a grading permit per Chapter 72. Section R108.6 Work commencing before permit issuance. Any person who commences work requiring a permit on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a an investigation fee established by the applicable governing authority that shall be in addition to the required permit fees. The minimum investigation fee shall be equal to the amount of the permit fee required by this code. The payment of such fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. Section R301.2 Climatic and Geographic Design Criteria. 1. Ground Snow Load ................................................ 40 psf contour Roof slopes with a rise of three inches (76.2 mm) or less to 12 inches (305 mm) shall be designed for a full or unbalanced snow load of not less than 30 pounds per square foot (1.44kN/square meter) of horizontal projection. Where a roof system is designed to slope less than one-quarter inch (6.35 mm) per 12 inches (305 mm), a surcharge load of not less five pounds per square foot (0.24kN/square meter) in addition to the required live load due to snow shall be designed for. Roof slopes with over three inches (76.2 mm) of rise per 12 inches (305 mm) shall be designed for a full or unbalanced snow load of not less than 25 pounds per square foot (1.2kN/square meter) of horizontal projection. Potential unbalanced accumulation of snow at valleys, parapets, roof structures, and offsets in roofs of uneven configuration shall be considered. 2. Wind Speed ................................................................. 90mph 115 mph 3. Seismic Design Category ............................................ A 4. Weathering .................................................................. Severe 5. Frost Line Depth .......................................................... 42 inches 6. Termite Damage .......................................................... Severe to Moderate 7. Winter Design Temperature......................................... -11 deg Fahrenheit 8. Ice barrier underlayment requirement .......................... Yes 9. Air freezing index ......................................................... 3,000 10. Mean annual temperature ........................................... 46 def Fahrenheit Section R302.13 Fire protection of floors. Floor assemblies that are not required elsewhere in this code to be fire-resistance rated shall be provided with a 1/2-inch (12.7 mm) gypsum wallboard membrane, 5/8-inch (16 mm) wood structural panel membrane, or equivalent on the underside of the floor framing member. Penetrations or openings for duct, vents, electrical outlets, lighting, devices, luminaires, wires, speakers, drainage, piping and similar openings or penetrations shall be permitted. Exceptions: 1. Floor assemblies located directly over a space protected be an automatic sprinkler system in accordance with Section P2904, NFPA 13D, or other approved equivalent sprinkler system. 2. Floor assemblies located directly over a crawl space not intended for storage or for the installation of fuel-fired or electric-powered heating appliance. 3. Portions of floor assemblies shall be permitted to be unprotected where complying with the following: 3.1 The aggregate area of the unprotected portions does not exceed 80 square feet (7.4 m2) per story. 3.2 Fire blocking is accordance with Section R302.11.1 is installed along the perimeter of the unprotected portion to separate the unprotected portion from the remainder or the floor assembly. 4. Wood floor assemblies using dimension lumber or structural composite lumber equal to or greater than 2-inch by 10-inch (50.8 mm by 254 mm) nominal dimension, or other approved floor assemblies demonstrating equivalent fire performance. 5. Floor assemblies installed over an unfinished basement. Note: Exception 5 clarifies that no fire protection of floors is requires in an unfinished basement until that basement is finished. Section R310.2.2 Window sill height. Where a window is provided as the emergency escape and rescue opening, it shall have a sill height of not more than 44 inches (1118 mm) 48 inches above the floor; where the sill height is below grade, it shall be provided with a window well in accordance with Section R310.2.3. Section R310.2.3.1 Ladder and steps. Window wells with a vertical depth greater than 44 inches (1118 mm) 48 inches shall be equipped with a permanently affixed ladder or steps usable with the window in the fully open position. Ladders or steps required by this section shall not be required to comply with Sections R311.7 and R311.8. Ladders or rungs shall have an inside width of not less than 12 inches (305 mm), shall project not less than 3 inches (76 mm) from the wall and shall be spaced not more than 18 inches (457 mm) on center vertically for the full height of the window well. Section R310.2.4 Emergency escape windows under decks and porches. Emergency escape and rescue openings installed under decks and porches shall be fully openable and provide a path not less than 36 inches (914 mm) 80 inches in height to a yard or court. Section R311.7.8.5 Grip-size. Required handrails shall be of one of the following types or provide equivalent grasp ability. 1. Type I. Handrails with a circular cross section shall have an outside diameter of not less than 1-1/4 inches (32 mm) and not greater than 2 inches (51 mm). If the handrail is not circular, it shall have a perimeter of not less than 4 inches (102 mm) and not greater than 6-1/4 inches (160 mm) and a cross section of not more than 2-1/4 inches (57 mm). Edges shall have a radius of not less than 0.01 inch (0.25 mm). 2. Type II. Handrails with a perimeter greater than 6-1/4 inches (160 mm) shall have a graspable finger recess area on both sides of the profile. The finger recess shall be within 3/4 inch (19 mm) measured vertically from the tallest portion of the profile and have a depth of not less than 5/16 inch (8 mm) within 7/8 inch (22 mm) below the widest portion of the profile. This required depth shall continue for not less than 3/8 inch (10 mm) to a level that is not less than 1-3/4 inches (45 mm) below the tallest portion of the profile. The width of the handrail above the recess shall be not less than 1-1/4 inches (32 mm) and not more than 2-3/4 inches (70 mm). Edges shall have a radius of not less than 0.01 inch (0.25 mm). Exception: Exterior stairs not serving required egress door are allowed to have a horizontal 2x member to form a 1-1/2 inch graspable dimension in lieu of the above reference perimeter dimensions. Section R313 Automatic Fire Sprinkler Systems. Not Adopted by the City R313.1 Townhouse automatic fire sprinkler systems. An automatic residential fire sprinkler system shall be installed in townhouses. Exception: An automatic residential fire sprinkler system shall not be required where additions or alterations are made to existing townhouses that do not have an automatic residential fire sprinkler system installed. R313.1.1 Design and installation. Automatic residential fire sprinkler systems for townhouses shall be designed and installed in accordance with Section P2904 or NFPA 13D. R313.2 One- and two-family dwellings automatic fire sprinkler systems. An automatic residential fire sprinkler system shall be installed in one- and two-family dwellings. Exception: An automatic residential fire sprinkler system shall not be required for additions or alterations to existing buildings that are not already provided with an automatic residential sprinkler system. R313.2.1 Design and installation. Automatic residential fire sprinkler systems shall be designed and installed in accordance with Section P2904 or NFPA 13D. Note: SD Codified law will not allow any local building code or ordinance to require building sprinklers in a single family dwelling. Section R314.3 Location. Smoke alarms shall be installed in the following locations: 1. In each sleeping room. 2. Outside each separate sleeping area in the immediate vicinity of the bedrooms. 3. On each additional story of the dwelling, including basements and habitable attics and not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided the lower level is less than one full story below the upper level. 4. Smoke alarms shall be installed not less than 3 feet (914) horizontally from the door or opening of a bathroom that contains a bathtub or shower unless this would prevent placement of a smoke alarm required by Section R314.3. 5. A smoke detector installed in a stairwell shall be so located as to ensure that smoke rising in the stairwell cannot be prevented from reaching the detector by an intervening door or obstruction. 6. A smoke detector installed to detect a fire in the basement shall be located in close proximity to the stairway leading to the floor above. 7. The smoke detector installed on a story without a separate sleeping area shall be located in close proximity to the stairway leading to the floor above. 8. Smoke detectors shall be mounted on the ceiling at least four inches (102 mm) from a wall or on a wall with the top of the detector not less than four inches (102 mm) nor more than 12 inches (305 mm) below the ceiling. Section R401.1, Application. The provisions of this chapter shall control the design and construction of the foundation and foundation spaces for buildings. In addition to the provisions of this chapter, the design and construction of foundations in flood hazard areas as established by Table R301.2(1) shall meet the provisions of Section R322. Wood foundations shall be designed and installed in accordance with AWC PWF. Exception: The provisions for this chapter shall be permitted to be used for wood foundations only in the following situations: 1. In buildings that have no more than two floors and a roof. 2. Where interior basement and foundation walls are constructed at intervals not exceeding 50 feet (15,240 mm). Wood foundations in Seismic Design Category D(0), D(1), or D(2) shall be designed in accordance with accepted engineering practice. For new home construction, curb and gutter shall be required to be installed on all sides of the lot adjacent to the public street right-of-way prior to the issuance of the building permit, except for pre-existing public streets which do not have curb & gutter. Section R401.3 Drainage. Surface drainage shall be diverted to a storm sewer conveyance or other approved point of collection that does not create a hazard. Lots shall be graded to drain surface water away from foundation walls. The grade shall fall a minimum of 6 inches (152 mm) within the first 10 feet (3,048 mm). In addition, the top of any exterior foundation shall extend above the elevation of the street gutter at point of discharge or the inlet of an approved drainage device a minimum of 12 inches (305 mm) plus 2 percent. Alternate elevations are permitted subject to the approval of the building official, provided it can be demonstrated that the required drainage to the point of discharge and away from the structure is provided at all locations on the site. Exception: Where lot lines, walls, slopes or other physical barriers prohibit 6 inches (152 mm) of fall within 10 feet (3,048 mm), drains or swales shall be constructed to ensure drainage away from the structure. Impervious surfaces within 10 feet (3,048 mm) of the building foundation shall be sloped a minimum of 2 percent away from the building. R403.1.4.1 Frost protection. Except where otherwise protected from frost, foundation walls, piers and other permanent supports of buildings and structures shall be protected from frost by one or more of the following methods: 1. Extended below the frost line specified in Table R301.2.(1). 2. Constructed in accordance with Section R403.3. 3. Constructed in accordance with ASCE 32. 4. Erected on solid rock. Footings shall not bear on frozen soil unless the frozen condition is permanent. Exceptions: 1. Protection of freestanding accessory structures with an area of 600 square feet (56 m2) 1,000 square feet or less, of light-frame construction, with an eave height of 10 feet (3048 mm) or less shall not be required. 2. Protection of freestanding accessory structures with an area of 400 square feet (37 m2) or less, of other than light-frame construction, with an eave height of 10 feet (3,048 mm) or less shall not be required. 3. Decks not supported by a dwelling need not be provided with footings that extend below the frost line. Note: Board of Appeals (BOA) supported the removal of item 2 due to concerns brought up by citizens. All new houses build on a shallow protected foundation will require an engineered design. Exception 1 was modified to 1,000sf in a separate ordinance to align with the zoning limitations of detached accessory. Table N1102.1.2 – Delete and Replace with Table N1102.1 of the 2009 IRC. Note: BOA felt that an increase in wall insulation would add significant cost to a project with minimal benefit. N1102.2.9 (R402.2.0) Basement walls. Walls associated with conditioned basements shall be insulated from the top of the basement wall down to 10ft (3,048 mm) below grade or to the basement floor, whichever is less. Walls associated with unconditioned basements shall comply with this requirement except where the floor overhead is insulated in accordance with Section N1102.1.2 and N1102.2.8. Exception: Exterior basement walls of enclosed mechanical rooms. Note: The HBA requested that the thermal envelope not extend into an enclosed mechanical room in a basement due to space limitations, and that there is a redundancy of insulating the walls when outside air is introduced into the area by either combustion air or outside air into the return air based on the whole house ventilation requirements. N1102.4.1.2 (R402.4.1.2) Testing. Not Adopted by the City. The building or dwelling unit shall be tested and verified as having an air leakage rate of not exceeding five air changes per hour in Climate Zones 1 and 2, and three air changes per hour in Climate Zones 3 through 8. Testing shall be conducted in accordance with RESNET/ICC 380, ASTM E779 or ASTM E1827 and reported at a pressure of 0.2 inch w.g. (50 Pascals). Where required by the building official, testing shall be conducted by an approved third party. A written report of the results of the test shall be signed by the party conducting the test and provided to the building official. Testing shall be performed at any time after creation of all penetrations of the building thermal envelope. During testing: 1. Exterior windows and doors, fireplace and stove doors shall be closed, but not sealed, beyond the intended weather stripping or other infiltration control measures. 2. Dampers including exhaust, intake, makeup air, backdraft and flue dampers shall be closed, but not sealed beyond intended infiltration control measures. 3. Interior doors, where installed at the time of the test, shall be open. 4. Exterior or interior terminations for continuous ventilation systems shall be sealed. 5. Heating and cooling systems, where installed at the time of the test, shall be turned off. 6. Supply and return registers, where installed at the time of the test, shall be fully open. Note: This provision requires the testing of a new dwelling unit to demonstrate the building’s air tightness. Section N1102.4.1.2 continues to be national mandate of the IRC to require blower door tests on every new dwelling. This provision specifies that when the blower door test determines an air infiltration rate of less than 5 air changes per hour, whole house ventilation is required. Discussions with the HBA agree that there is no need to incur the cost of a blower door test to determine that today’s dwellings have an air infiltration rate of less than 5 air changes per hour. As dwelling envelopes become more air-tight, there is evidence that indoor contaminant levels are rising. Poor indoor air quality, the inability to rely on openable windows for natural ventilation with South Dakota’s winters, and the decreasing rates of air-infiltration have led the code to require mechanical ventilation consisting of bringing in outside air and exhausting inside air in dwellings. This provision is modified locally to say that whole house ventilation is not required if a builder chooses to prove by means of a blower door test that the dwelling exceeds an air infiltration rate of greater than 5 air changes per hour, which by today’s building practices is a very high rate of infiltration. The HBA considered such a test as an unwarranted cost to the homeowner and requested that the mandate be deleted. N1102.4.4 (R402.4.4) Rooms containing fuel-burning appliances. Not adopted by the city. In Climate Zones 3 through 8, where open combustion air ducts provide combustion air to open combustion fuel-burning appliances, the appliances and combustion air opening shall be located outside the building thermal envelope or enclosed in a room that is isolated from inside the thermal envelope. Such rooms shall be sealed and insulated in accordance with the envelope requirements of Table N1102.1.2, where the walls, floors and ceilings shall meet a minimum of the basement wall R-value requirement. The door into the room shall be fully gasketed and any water lines and ducts in the room insulated in accordance with Section N1103. The combustion air duct shall be insulated where it passes through conditioned space to an R-value of not less than R-8. Exceptions: 1. Direct vent appliances with both intake and exhaust pipes installed continuous to the outside. 2. Fireplaces and stoves complying with Sections N1102.4.2 and R1006. Note: This provision to insulate a mechanical room where an outside combustion air opening is provided to the mechanical room was not supported by the BOA. N1103.3.3 (R403.3.3) Duct testing (Mandatory). Not Adopted by the City. Ducts shall be pressure tested to determine air leakage by one of the following methods: 1. Rough-in test: Total leakage shall be measured with a pressure differential of 0.1 inch w.g. (25 Pa) across the system, including the manufacturer’s air handler enclosure if installed at the time of the test. Registers shall be taped or otherwise sealed during the test. 2. Post construction test: Total leakage shall be measured with a pressure differential of 0.1 inch w.g. (25 Pa) across the entire system, including the manufacturer’s air handler enclosure. Registers shall be taped or otherwise sealed during the test. Exceptions: 1. A duct air-leakage test shall not be required where the ducts and air handlers are located entirely within the building thermal envelope. 2. A duct air-leakage test shall not be required for ducts serving heat or energy recovery ventilators that are not integrated with ducts serving heating or cooling systems. A written report of the results of the test shall be signed by the party conducting the test and provided to the building official. Note: The testing of duct sealing in a new house would be an expense of approximately $400 or more. This maintains a local amendment to visually inspect for air leakage instead of having a testing and balancing company perform the test. The following amendments to the 2018 International Building Code are adopted and incorporated into the building code: Section 105.2 Work exempt from permit. Building: 1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area is not greater than exceed 120 square feet (11 m2). 2. Fences not over 7 6 feet (2134 mm) (1,829 mm) high. 3. Oil derricks. 4. Retaining walls that are not over 4 feet (1,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge. 5. Water tanks supported directly upon grade if the capacity is not greater than 5,000 gallons (18,927 L) and the ratio of height to diameter or width is not greater than 2:1. 6. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route. 7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 8. Temporary motion picture, television and theater stage sets and scenery. 9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less 24 inches (610 mm) deep, are not greater than 5,000 gallons (18,924 L) and are installed entirely above ground. 10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems. 11. Swings and other playground equipment accessory to detached one- and two-family dwellings. 12. Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches (1,372 mm) from the exterior wall and do not require additional support. 13. Non-fixed and moveable fixtures, case, racks, counters and partitions not over 5 feet 9 inches (1,753 mm) in height. Section 107.2.6 Site Plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades and, as applicable, flood hazard areas, floodways, and design flood elevations, and erosion and sediment controls and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted. The City Engineer may require that the construction documents submitted with the application for permit be accompanied by a final drainage plan for all projects involving one acre or more of land area. The final drainage plan shall conform to the city approved Storm Drainage Design and Technical Criteria Manual. All drainage facilities including storm sewers, on-site detention, drainage ways, detention basins and detention channels shall be designed in compliance with approved engineering design standards and the Storm Drainage and Technical Criteria Manual and are subject to approval of the City Engineer. Exception: A final drainage plan shall not be required to be submitted with an application to construct a single-family or two-family dwelling on a lot containing one acre or more of lot area. Note: The exception refers to buildings that are not covered by the IBC. 109.4 Work commencing before permit issuance. Any person who commences work requiring a permit on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a an investigation fee established by the applicable governing authority that shall be in addition to the required permit fees. The minimum investigation fee shall be equal to the amount of the permit fee required by this code. The payment of such fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. Section 903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area. Exceptions: 1. All R-3 Occupancies. 2. All R-2 buildings with (5) or fewer dwelling units or congregate living facilities with 16 or few occupants. Note: Exceptions added to align with SD Codified Law. Section 1030.3 Maximum height from floor. Emergency escape and rescue openings shall have the bottom of the clear opening not greater than 44 inches (1118 mm) 48 inches measured from the floor. Section 1030.4.2 Ladder and steps. Window wells with a vertical depth of more than 44 inches (1118 mm) 48 inches shall be equipped with an approved permanently affixed ladder or steps. Ladders or rungs shall have an inside width of not less than 12 inches (305 mm), shall project at least 3 inches (76 mm) from the wall and shall be spaced not more than 18 inches (457 mm) on center (o.c.) vertically for the full height of the window well. The ladder or steps shall not encroach into the required dimensions of the window well by more than 6 inches (152 mm). The ladder or steps shall not be obstructed by the emergency escape and rescue opening. Ladders or steps required by this section are exempt from the stairway requirements of Section 1011. If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING Ordinance 21-0109 March 23, 2021 NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota, will hold a public hearing at 6:00 p.m., Tuesday, April 27,2021, in the Brookings City & County Government Center, 520 3rd Street, Chambers, to consider adoption of a revision to the City Code of Ordinances, Chapter 22, entitled Ordinance 21-009, pertaining to the Adoption of the 2018 International Building Codes with Certain Amendments Thereto. At which time and place all persons interested will be given a full, fair, and complete hearing thereon. Dated this 16 th day of April, 2021. Bonnie Foster, City Clerk 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 21-024,Version:2 Remove from the Table. Discussion and Possible Action on Resolution 21-024, a Resolution Replacing the Mandatory Provisions set forth in Emergency Ordinance 21-001 with Recommendations to Address a Public Health Crisis and Slow the Spread of Coronavirus (COVID- 19) in the City of Brookings, South Dakota. Summary: Ordinance 21-001, which currently regulates bars, restaurants, salons, retail and requires face coverings for indoor businesses and indoor public spaces will expire April 10, 2021. At the March 9, 2021 Regular Meeting the City Council desired a potential Resolution to address COVID 19. Attachments: Memo Resolution 21-024 City of Brookings Printed on 3/18/2021Page 1 of 1 powered by Legistar™ City Council Memo From: Paul M. Briseno, City Manager Council Meeting: March 16, 2021 Subject: Resolution 21-024 Person(s) Responsible: Paul Briseno, City Manager Summary: Ordinance 21-001, currently regulates bars, restaurants, salons, retail and requires face coverings for indoor businesses and indoor public spaces expires April 10, 2021. At the March 9, 2021 Regular Meeting the City Council desired a potential Resolution to address COVID 19. At the March 16th meeting Council tabled the resolution for discussion March 23rd. Staff recommends tabling this item until April 27th for potential implementation. Background: On September 8, 2020 City Council approved an Ordinance mandating face coverings where social distancing is not achievable for indoor businesses and public places. The City Council renewed the existing regulation that requires bars, restaurants, casinos, grocery, retail, and fitness businesses to operate at half capacity. Employees of certa in businesses are required to wear face coverings at all times. On March 9, 2021 City Council requested a Resolution for consideration at the March 16, 2021 meeting. Discussion: The proposed resolution would:  Transition all required language surrounding masks and occupancy to recommendations.  The resolution expires sixty (60) days after passage.  Upon passage the existing mask and occupancy ordinance would end. Legal Consideration: None. Financial Consideration: None. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 4. Deny 5. Do nothing Staff recommends tabling Resolution 21-014 to the April 27, 2021 City Council Meeting. Supporting Documentation: Resolution Resolution 21-024 A Resolution Replacing the Mandatory Provisions set forth in Emergency Ordinance 21-001 with Recommendations to Address a Public Health Crisis and Slow the Spread of Coronavirus (COVID-19) in the City of Brookings, South Dakota. I. Be It Resolved and adopted by the Council of the City of Brookings, State of South Dakota, as follows: Whereas, the City of Brookings has the authority purs uant to SDCL 9-29-1 and SDCL 9-32-1 to pass ordinances and resolutions 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, COVID-19 has been confirmed in more than 100 countries, including the United States; and Whereas, COVID-19 is a continuing global pandemic. United States Supreme Court Chief Justice Roberts stated in a 2020 decision “people may be infected but asymptomatic, [and] they may unwittingly infect others”; and Whereas, the Centers for Disease Control and Prevention, the World Health Organization, medical and scientific associations and physicians continue to suggest individuals wear a face covering to slow the spread of COVID-19; and Whereas, Ordinance 21-001 was adopted to continue necessary procedures to slow the rise of positive cases of COVID-19 and slow down the rate of infection, and therefore bore a real and substantial relationship to public health because the measures were recognized to be the best available procedures to slow the rate of transmission of COVID-19; and Whereas, the current rate of infections and community spread of COVID-19 in Brookings, South Dakota, together with the increasing number of vaccinated residents of Brookings County and within the State of South Dakota, and the reduction of hospitalizations provide the basis for replacing the mandatory restrictions set forth in Ordinance 21-001 with the recommendations set forth in this Resolution; and Whereas, the intent of this Resolution is to encourage the public to continue the safety measures provided in this Resolution which, outside of the vaccines, remain reasonable measures available to reduce the spread of COVID-19; and Whereas, while many States and Cities have recently revised their C OVID-19 safety protocols, the City of Brookings and many States and communities across the country continue to encourage the public to follow White House and CDC recommendations by restricting occupancy at bars, restaurants, food courts, gyms, and other indoor and outdoor venues where people congregate until the public health emergency is over; and Whereas, the failure to follow reasonable recommendations, including social distancing would likely result in higher numbers of infected individuals and has the potential to threaten the capacity of the City's health care providers; and Whereas, it is important that control measures, including use of face masks in indoor places, 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 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 21-001 to address the COVID-19 public emergency in the City of Brookings; and Whereas, based on the number of cases in Brookings County, the number of current hospitalizations in the City, and the available modeling, the City Council believes the occupancy, social distancing and face covering restrictions set forth in 21-001 can be replaced with similar recommendations which, while not mandatory, will reduce the potential for community spread of COVID-19 cases in the City and State. Now, Therefore, the City Council of the City of Brookings makes the following recommendations: 1. Any businesses identified in Ordinance 20-005 may reopen or remain open to serve patrons on-site. 2. Businesses within the City of Brookings which are open to the public are encouraged to follow guidelines to slow the spread of COVID-19: a) Establish a minimum six-foot distance between any tables. This provision does not need to be observed between members of the same household. b) All businesses should 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 be limited to a maximum capacity of one-half (½) of their maximum posted capacity. 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 are permitted, but not recommended. e) Grocery stores, retail businesses, recreation and fitness businesses should be limited to a maximum capacity of one-half (½) of their maximum posted capacity. Capacity must be posted at the front of the business. f) Businesses should require social distance spacing while customers or patrons are waiting for service or entry into a business. Spacing may be accomplished by requiring people to remain in their vehicles. g) In retail and grocery businesses, businesses should install a plexiglass, or similar divider where physically possible between the cashier and customer. h) Businesses should require employees to wash hands at regular intervals. i) Restaurant and bar (those businesses with an alcoholic beverage license) staff and employees should wear masks which cover the employee's nose and mouth. j) In casinos, video lottery machines should be cleaned and disinfected between each customer. k) Staff and 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. l) In gyms and fitness facilities, any equipment and/or exercise mats should be cleaned or disinfected between each use. m) 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. n) Hand sanitizer locations readily available for public use should be made available at grocery stores and retail businesses. o) Enhanced cleaning/disinfecting requirements should be used for motel and hotel rooms. p) Seating for large gatherings should be reduced to comply with a six- foot minimum distance between attendees. q) Businesses are encouraged to conduct daily employee screenings for illness. r) Businesses are encouraged to post signage outside of their facility that encourages customers to wear face coverings and to not enter if they are not feeling well or have COVID-19 symptoms. s) Businesses are encouraged to develop risk mitigation strategies for restrooms or other areas where social distancing requirements are likely to be compromised. t) Certain businesses (e.g. gym, recreation facilities, casinos, etc.) are encouraged to have customers wipe down their equipment/machines before and after use. However, businesses are recommended to ensure proper cleaning and disinfecting of equipment and surfaces potentially touched by customers and patrons is occurring. u) 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. v) Masks should be worn at city-sanctioned events. Masks which cover a person's nose and mouth should be required for all persons attending or working at events which require a City permit when a minimum of six – foot distance cannot be maintained or achieved. w) Masks should be worn when obtaining services from the healthcare sector in settings, including but not limited to, a hospital, pharmacy, medical clinic, laboratory, physician or dental office, veterinary clinic, or blood bank, unless directed otherwise by an employee thereof or a health care provider. x) Masks should be worn while riding on public transportation or while in a taxi, private car service, or ride-sharing vehicle. 3. The following individuals are exempt from wearing masks or other face coverings: a) Persons age five years or under; Children age two years and under in particular should not wear a face covering because of the risk of suffocation; b) Persons with a medical condition, mental health condition, or disability that prevents wearing a face covering. This includes persons with a medical condition for whom wearing a face covering could obstruct breathing or who are unconscious, incapacitated, or otherwise unable to remove a face covering without assistance; c) Persons who are deaf or hard of hearing, or when communicating with a person who is deaf or hard of hearing, where the ability to see the mouth is essential for communication; d) Persons for whom wearing a face covering would create a risk to the person related to their work, as determined by local, state, or federal regulations or workplace safety guidelines; e) Persons who are obtaining a service involving the nose or face for which temporary removal of the face covering is necessary to perform the service; f) Persons who are seated at a restaurant or other establishment that offers food or beverage service, while they are eating or drinking, provided they maintain a 6-foot distance between individuals (not including individuals who reside together or are seated together) with only infrequent or incidental moments of closer proximity; g) Athletes and participants who are engaged in an organized sports activity that allows athletes to maintain a 6-foot distance from others with only infrequent or incidental moments of closer proximity; h) Persons who are engaged in an activity that a professional or recreational association, public regulatory entity, medical association, or other public health oriented entity has determined cannot be safely conducted while wearing a mask or other face covering and where other protections and precautions are established and utilized; i) Persons attending educational institutions where the public and private schools through 12th grade, colleges, and universities have implemented protections to slow the spread of COVID-19; j) Persons engaged in church and activities within religious places of worship, including preschools, social halls and chapels within church facilities, which may implement their own protections. 4. In addition to the specific recommendations listed above, businesses are encouraged to operate in a manner consistent with the most recent CDC guidelines and any applicable state regulations and the South Dakota Governor's Executive Orders. CDC guidelines continue to recommend use of face coverings where social distancing cannot be maintained. 5. 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. 6. Because this Resolution contains recommendations and not mandatory COVID-19 safety measures, businesses are no longer required to request administrative exceptions from the City to modify the strict compliance with these recommendations. The City will no longer require that businesses implement social distancing, or that Business are required to comply with the recommendations set forth in this Resolution or the CDC guidelines. 7. This Resolution contains recommendations, and while adherence to the recommendations is requested in the public interest, there is no penalty for any person or business who cannot or chooses not to comply with any of the recommendations contained in this Resolution. 8. The recommendations set forth herein may not be applicable 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, and 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. f. Educational institutions where public and private schools through 12th grade, colleges, and universities have implemented protect ions to slow the spread of COVID-19. g. Places of worship. h. Any and all polling places, including absentee voting and Election Day polling places, as well as all locations for processing absentee ballots and counting ballots. All polling places for absentee an d Election Day voting shall remain open at all times. 9. This Resolution 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. 10. Enforcement – This Resolution contains only safety recommendations to reduce the spread of COVID-19, and there will be no penalty or enforcement actions which stem from noncompliance with the recommendations provided in this Resolution. 11. Ordinance 21-001 shall expire at the earliest date permitted by law. 12. Face Masks/Face Coverings Recommended. Within the City of Brookings, it is recommended, but not required, that all persons except those under the age of five (5) and those with a medical condition, mental health condition, or disability that makes it unreasonable for the individual to maintain a face covering, wear a face mask/face covering in indoor businesses and indoor public places where six (6) foot social distancing cannot be achieved or maintained. A "face covering" or "mask" must be worn to cover the nose and mouth completely, and can include a paper or disposable face mask, a cloth mask, a scarf, a bandanna, or neck gaiter. II. Be, It Further Resolved that pursuant to SDCL 9-19-13, this resolution is adopted to address a public health emergency and 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. TABLED to the March 23, 2021 City Council Meeting: March 16, 2023 Dated this _____ day of March, 2021 CITY OF BROOKINGS Keith W. Corbett, Mayor ATTEST: Bonnie Foster, City Clerk 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 21-012,Version:2 Second Reading and Action on Ordinance 21-012, an Emergency Ordinance Amending Emergency Ordinance 21-001 to Extend and to Comprehensively Adopt Provisions to Address a Public Health Crisis and to Revise Certain Measures which are Necessary for the Immediate Preservation of the Public Health, Safety and Welfare of the City and are Necessary to Slow the Community Spread of Coronavirus (COVID-19) in the City of Brookings, South Dakota. Summary: Ordinance 21-001, which currently regulates bars, restaurants, salons, retail and requires face coverings for indoor businesses and indoor public spaces will expire April 10, 2021. Brookings County reached community spread of moderate and transitioned back to substantial, hospitalization remains low, cases are minimal, and only a portion of the triggers are met. Background: On September 8, 2020 City Council approved an Ordinance mandating face coverings where social distancing is not achievable for indoor businesses and public places. The Council renewed the existing regulation that requires bars, restaurants, casinos, grocery, retail, and fitness businesses to operate at half capacity. Employees of certain businesses are required to wear face coverings at all times. The Ordinance has other requirements outlined. Recommendation: Staff recommends denial of the existing ordinance as amended to expire April 30th. The continuation of low cases, hospitalization, metrics and vaccinations should be weighed. Attachments: Memo Ordinance 21-012 - clean 3/23/2021 Ordinance 21-012 - marked 3/23/2021 Hospital Dashboard Weekly COVID 19 Update Threshold Report - to be posted 3/22/2021 Ordinance 21-012 - clean 3/16/2021 Ordinance 21-012 - marked 3/16/2021 City of Brookings Printed on 3/18/2021Page 1 of 1 powered by Legistar™ City Council Memo From: Paul M. Briseno, City Manager Council Meeting: March 23, 2021 Subject: Ordinance 21-012 - Renewal Occupancy Restrictions & Mask Mandate Person(s) Responsible: Paul Briseno, City Manager Summary: Ordinance 21-001, which currently regulates bars, restaurants, salons, retail and requires face coverings for indoor businesses and indoor public spaces will expire April 10, 2021. Brookings County transitioned community spread from moderate to substantial, hospitalization is low, cases are minimized, and only a portion of the triggers are met. Staff recommends denial consideration of the existing Ordinance as amended to expire April 30th. The spread, cases, hospitalization and planned mass vaccinations are considerations. Background: On September 8, 2020 City Council approved an Ordinance mandating face coverings where social distancing is not achievable for indoor businesses and public p laces. The Council renewed the existing regulation that requires bars, restaurants, casinos, grocery, retail, and fitness businesses to operate at half capacity. Employees of certain businesses are required to wear face coverings at all times. The Ordinance also has the following requirements: Restaurants/Bars • Maximum of ten (10) customers or 50% occupancy, whichever is greater o Occupancy capacity posted at the front entrance • Groups of ten (10) or less and six (6) feet apart • Cleaning of high touch areas/materials between users • Screening employees recommended • Employees required to wear masks • Cleaning of used spaces before and after each customer • No self-serve buffets or salad bars • No sharing of condiments unless wiped between use Grocery, Casino, Gyms, and Recreational Facilities • Cleaning of equipment after use by customer and/or employee • Maximum of ten (10) customers or 50% occupancy o Occupancy capacity posted at front entry • Employees of Grocery stores will wear masks • Protective measures/operations will be provided Salons/Barber Shops • Customers six (6) feet spacing & recommend service by appointment -only • Employees will wear masks • Clean equipment before and after each customer • Adequate social distancing for waiting customers Face Covering required if adequate social distancing cannot be achieved • Required for all indoor businesses and indoor public spaces • Required for all City permitted events • Exceptions include children under 5, medical conditions, religious place, educational units, certain non-profits, organized sports activity that have an approved plan Businesses and residents who violate sections of this Ordinance will be subject to fines. Discussion: Brookings County is in substantial spread. The seven-day rolling percent positivity, according to the hospital's dashboard, is 6.8%. Brookings County was ranked sixth of cases per one-hundred thousand of the counties with the top ten most populous cities. More importantly, Brookings County still has the lowest total deaths when compared to the top ten most populated counties. Multiple mass vaccinations will occur in March and April. By early to mid-April, 1E is projected to be complete. Brookings County has achieved case counts similar to fall 2020. Ordinance 21-012 contains the current Ordinance 21-001 regulating bars, restaurants, salons, retail and requires face coverings for indoor businesses and indoor public spaces. March 16th a COVID 19 update was given and f irst reading occurred. Second Reading will occur March 23, 2021 as amended to end April 30th. Legal Consideration: None. Financial Consideration: None. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Refer to a Study Session 4. Deny 5. Do nothing Staff recommends consideration of the existing Ordinance as amended with the expiration date of April 30th. If cases remain low by March 23rd Staff recommend denying this ordinance. Supporting Documentation: Memo Ordinance 21-012 – clean 3/23/2021 Ordinance 21-012 – marked 3/23/2021 Hospital Dashboard Weekly COVID 19 Update Threshold Report – to be posted 3/22/2021 Ordinance 21-012 – clean 3/16/2021 Ordinance 21-012 – marked 3/16/2021 Ordinance 21-012 An Emergency Ordinance Amending Emergency Ordinance 21-001 to Extend and to Comprehensively Adopt Provisions to Address a Public Health Crisis and to Revise Certain Measures which are Necessary for the Immediate Preservation of the Public Health, Safety and Welfare of the City and are Necessary to Slow the Community Spread of Coronavirus (COVID-19) in the City of Brookings, South Dakota. I. Be It Ordained and Enacted by the Council of the City of Brookings, State of South Dakota, as follows: 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, COVID-19 has been confirmed in more than 100 countries, including the United States; and Whereas, COVID-19 is a continuing global pandemic. United States Supreme Court Chief Justice Roberts stated in a 2020 decision “people may be infected but asymptomatic, [and] they may unwittingly infect others”; and Whereas, the Centers for Disease Control and Prevention, the World Health Organization, medical and scientific associations and physicians continue t o suggest individuals wear a face covering to slow the spread of COVID-19; and Whereas, Ordinance 21-001 and this ordinance are intended to continue necessary procedures to slow the rise of positive cases of COVID-19 and slow down the rate of infection, and therefore bears a real and substantial relationship to public health because the measures are recognized to be the best available procedures to slow the rate of transmission of COVID-19; and Whereas, the City of Brookings and many States and communities across the country continue to implement White House and CDC recommendations by restricting occupancy at bars, restaurants, food courts, gyms, and other indoor and outdoor venues where people congregate 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 threaten the capacity of the City's health care providers; and Whereas, it is important that control measures, including requiring face masks in indoor places, 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 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 21-001 to address the COVID-19 public emergency in the City of Brookings; and Whereas, based on the number of cases in Brookings County, the number of past hospitalizations in the City, and the available modeling, the City Council believes the occupancy, social distancing and face covering restrictions should be continued given the continuing potential for community spread of COVID-19 cases in the City and State, and Whereas, this Emergency Ordinance is intended to extend certain emergency measures and restrictions as previously set forth in Emergency Ordinance 21-001. Now Therefore, Be It Ordained by the City Council of Brookings as follows: 1. Any businesses identified in Ordinance 20-005 may reopen or remain open to serve patrons on-site pursuant to the conditions established in this ordinance. 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. 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 capacity of one-half (½) of their maximum posted capacity. Capacity must 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 capacity of one-half (½) of their maximum posted capacity. Capacity must 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) In retail and grocery businesses, install a plexiglass, or similar divider where physically possible between the cashier and customer. h) Require employees to wash hands at regular intervals. i) Restaurant and bar (those businesses with an alcoholic beverage license) staff and employees must wear masks which cover the employee's nose and mouth. j) In casinos, video lottery machines must be cleaned and disinfected between each customer. k) Staff and employees of hair salons, nail and tanning salons, spas and barber shops must wear masks which cover their nose and mouth during customer contact times. Customer seating must be at least six (6) feet apart. l) In gyms and fitness facilities, any equipment and/or exercise mats must be cleaned or disinfected between each use. m) 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. n) Hand sanitizer locations readily available for public use should be made available at grocery stores and retail businesses. o) Enhanced cleaning/disinfecting requirements should be used for motel and hotel rooms. p) Seating for large gatherings shall be reduced to comply with a six- foot minimum distance between attendees. q) Businesses are encouraged to conduct daily employee screenings for illness. r) Businesses are encouraged to post signage outside of their facility that encourages customers to wear face coverings and to not enter if they are not feeling well or have COVID-19 symptoms. s) Businesses are encouraged to develop risk mitigation strategies for restrooms or other areas where social distancing requirements are likely to be compromised. t) Certain businesses (e.g. gym, recreation facilities, casinos, etc.) are encouraged to have customers wipe down their equipment/machines before and after use. However, businesses are recommended to ensure proper cleaning and disinfecting of equipment and surfaces potentially touched by customers and patrons is occurring. u) 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. v) Masks are required at city-sanctioned events. Masks which cover a person's nose and mouth are required for all persons attending or working at events which require a City permit when a minimum of six – foot distance cannot be maintained or achieved. w) Masks are required when obtaining services from the healthcare sector in settings, including but not limited to, a hospital, pharmacy, medical clinic, laboratory, physician or dental office, veterinary clinic, or blood bank, unless directed otherwise by an employee thereof or a health care provider. x) Masks are required while riding on public transportation or while in a taxi, private car service, or ride-sharing vehicle. 3. The following individuals are exempt from wearing masks or other face coverings: a) Persons age five years or under; Children age two years and under in particular should not wear a face covering because of the risk of suffocation; b) Persons with a medical condition, mental health condition, or disability that prevents wearing a face covering. This includes persons with a medical condition for whom wearing a face covering could obstruct breathing or who are unconscious, incapacitated, or otherwise unable to remove a face covering without assistance; c) Persons who are deaf or hard of hearing, or when communicating with a person who is deaf or hard of hearing, where the ability to see the mouth is essential for communication; d) Persons for whom wearing a face covering would create a risk to the person related to their work, as determined by local, state, or federal regulations or workplace safety guidelines; e) Persons who are obtaining a service involving the nose or face for which temporary removal of the face covering is necessary to perform the service; f) Persons who are seated at a restaurant or other establishment that offers food or beverage service, while they are eating or drinking, provided they maintain a 6-foot distance between individuals (not including individuals who reside together or are seated together) with only infrequent or incidental moments of closer proximity; g) Athletes and participants who are engaged in an organized sports activity that allows athletes to maintain a 6-foot distance from others with only infrequent or incidental moments of closer proximity; h) Persons who are engaged in an activity that a professional or recreational association, public regulatory entity, medical association, or other public health oriented entity has determined cannot be safely conducted while wearing a mask or other face covering and where other protections and precautions are established and utilized; i) Persons attending educational institutions where the public and private schools through 12th grade, colleges, and universities have implemented protections to slow the spread of COVID-19; j) Persons engaged in church and activities within religious places of worship, including preschools, social halls and chapels within church facilities, which may implement their own protections. 4. In addition to the specific requirements listed above, businesses shall operate in a manner consistent with the most recent CDC guidelines and any applicable state regulations and the South Dakota Governor's Executive Orders. CDC guidelines continue to recommend use of face coverings where social distancing cannot be maintained. 5. 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. 6. Businesses can request 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 this ordinance or the CDC guidelines. 7. Any person, 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 6. above, shall be in violation of this Ordinance. 8. Pursuant to this ordinance, the City Council may by resolution modify the mandatory closures and enact revised restrictions, including restrictions of 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. 9. 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, and 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. f. Educational institutions where public and private schools through 12th grade, colleges, and universities have implemented protections to slow the spread of COVID-19. g. Places of worship. h. Any and all polling places, including absentee voting and Election Day polling places, as well as all locations for processing absentee ballots and counting ballots. All polling places for absentee and Election Day voting shall remain open at all times. 10. This ordinance shall remain in effect until 5:00 p.m. on April 30, 2021, 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 until April 30, 2021 by a resolution or ordinance of the City Council. 11. Enforcement - Violation of this Ordinance may result in a fine, and multiple violations may result in further enforcement procedures, including legal and equitable action to enforce this Ordinance for the safety of the public. 12. Until the Second Reading of this ordinance is completed, approved and published, Ordinance 21-001 shall set forth the applicable measures deemed necessary to slow the spread of Coronavirus in the City of Brookings. 13. Face Masks/Face Coverings Required. Within the City of Brookings, all persons except those under the age of five (5) and those with a medical condition, mental health condition, or disability that makes it unreasonable for the individual to maintain a face covering, must wear a face mask/face covering in indoor businesses and indoor public places where six (6) foot social distancing cannot be achieved or maintained. A "face covering" or "mask" must be worn to cover the nose and mouth completely, and can include a paper or disposable face mask, a cloth mask, a scarf, a bandanna, or neck gaiter. II. BE IT FURTHER ORDAINED that pursuant to SDCL 9-19-13, this ordinance is adopted to address a public health emergency and 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. First Reading: March 16, 2021 Second Reading: March 23, 2021 Published: CITY OF BROOKINGS Keith W. Corbett, Mayor ATTEST: Bonnie Foster, City Clerk Ordinance 21-012 An Emergency Ordinance Amending Emergency Ordinance 21-001 to Extend and to Comprehensively Adopt Provisions to Address a Public Health Crisis and to Revise Certain Measures which are Necessary for the Immediate Preservation of the Public Health, Safety and Welfare of the City and are Necessary to Slow the Community Spread of Coronavirus (COVID-19) in the City of Brookings, South Dakota. I. Be It Ordained and Enacted by the Council of the City of Brookings, State of South Dakota, as follows: 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, COVID-19 has been confirmed in more than 100 countries, including the United States; and Whereas, COVID-19 is a continuing global pandemic. United States Supreme Court Chief Justice Roberts stated in a 2020 decision “people may be infected but asymptomatic, [and] they may unwittingly infect others”; and Whereas, the Centers for Disease Control and Prevention, the World Health Organization, medical and scientific associations and physicians continue to suggest individuals wear a face covering to slow the spread of COVID-19; and Whereas, Ordinance 21-001 20-029 and this ordinance are intended to continue necessary procedures to slow the rise of positive cases of COVID-19 and slow down the rate of infection, and therefore bears a real and substantial relationship to public health because the measures are recognized to be the best available procedures to slow the rate of transmission of COVID-19; and Whereas, the City of Brookings and many States and communities across the country continue to implement White House and CDC recommendations by restricting occupancy at bars, restaurants, food courts, gyms, and other indoor and outdoor venues where people congregate 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 threaten the capacity of the City's health care providers; and Whereas, it is important that control measures, including requiring face masks in indoor places, 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 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 21-001 20-029 to address the COVID-19 public emergency in the City of Brookings; and Whereas, based on the number of cases in Brookings County, the number of past hospitalizations in the City, and the available modeling, the City Council believes the occupancy, social distancing and face covering restrictions should be continued given the continuing potential for community spread of COVID-19 cases in the City and State, and Whereas, this Emergency Ordinance is intended to extend certain emergency measures and restrictions as previously set forth in Emergency Ordinance 21-001 20-029. Now Therefore, Be It Ordained by the City Council of Brookings as follows: 1. Any businesses identified in Ordinance 20-005 may reopen or remain open to serve patrons on-site pursuant to the conditions established in this ordinance. 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. 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 capacity of one-half (½) of their maximum posted capacity. Capacity must 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 capacity of one-half (½) of their maximum posted capacity. Capacity must 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) In retail and grocery businesses, install a plexiglass, or similar divider where physically possible between the cashier and customer. h) Require employees to wash hands at regular intervals. i) Restaurant and bar (those businesses with an alcoholic beverage license) staff and employees must wear masks which cover the employee's nose and mouth. j) In casinos, video lottery machines must be cleaned and disinfected between each customer. k) Staff and employees of hair salons, nail and tanning salons, spas and barber shops must wear masks which cover their nose and mouth during customer contact times. Customer seating must be at least six (6) feet apart. l) In gyms and fitness facilities, any equipment and/or exercise mats must be cleaned or disinfected between each use. m) 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. n) Hand sanitizer locations readily available for public use should be made available at grocery stores and retail businesses. o) Enhanced cleaning/disinfecting requirements should be used for motel and hotel rooms. p) Seating for large gatherings shall be reduced to comply with a six- foot minimum distance between attendees. q) Businesses are encouraged to conduct daily employee screenings for illness. r) Businesses are encouraged to post signage outside of their facility that encourages customers to wear face coverings and to not enter if they are not feeling well or have COVID-19 symptoms. s) Businesses are encouraged to develop risk mitigation strategies for restrooms or other areas where social distancing requirements are likely to be compromised. t) Certain businesses (e.g. gym, recreation facilities, casinos, etc.) are encouraged to have customers wipe down their equipment/machines before and after use. However, businesses are recommended to ensure proper cleaning and disinfecting of equipment and surfaces potentially touched by customers and patrons is occurring. u) 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. v) Masks are required at city-sanctioned events. Masks which cover a person's nose and mouth are required for all persons attending or working at events which require a City permit when a minimum of six – foot distance cannot be maintained or achieved. w) Masks are required when obtaining services from the healthcare sector in settings, including but not limited to, a hospital, pharmacy, medical clinic, laboratory, physician or dental office, veterinary clinic, or blood bank, unless directed otherwise by an employee thereof or a health care provider. x) Masks are required while riding on public transportation or while in a taxi, private car service, or ride-sharing vehicle. 3. The following individuals are exempt from wearing masks or other face coverings: a) Persons age five years or under; Children age two years and under in particular should not wear a face covering because of the risk of suffocation; b) Persons with a medical condition, mental health condition, or disability that prevents wearing a face covering. This includes persons with a medical condition for whom wearing a face covering could obstruct breathing or who are unconscious, incapacitated, or otherwise unable to remove a face covering without assistance; c) Persons who are deaf or hard of hearing, or when communicating with a person who is deaf or hard of hearing, where the ability to see the mouth is essential for communication; d) Persons for whom wearing a face covering would create a risk to the person related to their work, as determined by local, state, or federal regulations or workplace safety guidelines; e) Persons who are obtaining a service involving the nose or face for which temporary removal of the face covering is necessary to perform the service; f) Persons who are seated at a restaurant or other establishment that offers food or beverage service, while they are eating or drinking, provided they maintain a 6-foot distance between individuals (not including individuals who reside together or are seated together) with only infrequent or incidental moments of closer proximity; g) Athletes and participants who are engaged in an organized sports activity that allows athletes to maintain a 6-foot distance from others with only infrequent or incidental moments of closer proximity; h) Persons who are engaged in an activity that a professional or recreational association, public regulatory entity, medical association, or other public health oriented entity has determined cannot be safely conducted while wearing a mask or other face covering and where other protections and precautions are established and utilized; i) Persons attending educational institutions where the public and private schools through 12th grade, colleges, and universities have implemented protections to slow the spread of COVID-19; j) Persons engaged in church and activities within religious places of worship, including preschools, social halls and chapels within church facilities, which may implement their own protections. 4. In addition to the specific requirements listed above, businesses shall operate in a manner consistent with the most recent CDC guidelines and any applicable state regulations and the South Dakota Governor's Executive Orders. CDC guidelines continue to recommend use of face coverings where social distancing cannot be maintained. 5. 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. 6. Businesses can request 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 this ordinance or the CDC guidelines. 7. Any person, 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 6. above, shall be in violation of this Ordinance. 8. Pursuant to this ordinance, the City Council may by resolution modify the mandatory closures and enact revised restrictions, including restrictions of 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. 9. 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, and 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. f. Educational institutions where public and private schools through 12th grade, colleges, and universities have implemented protections to slow the spread of COVID-19. g. Places of worship. h. Any and all polling places, including absentee voting and Election Day polling places, as well as all locations for processing absentee ballots and counting ballots. All polling places for absentee and Election Day voting shall remain open at all times. 10. This ordinance shall remain in effect until 5:00 p.m. on April 30, 2021, 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 until April 30, 2021 by a resolution or ordinance of the City Council. 11. Enforcement - Violation of this Ordinance may result in a fine, and multiple violations may result in further enforcement procedures, including legal and equitable action to enforce this Ordinance for the safety of the public. 12. Until the Second Reading of this ordinance is completed, approved and published, Ordinance 21-001 shall set forth the applicable measures deemed necessary to slow the spread of Coronavirus in the City of Brookings. 13. Face Masks/Face Coverings Required. Within the City of Brookings, all persons except those under the age of five (5) and those with a medical condition, mental health condition, or disability that makes it unreasonable for the individual to maintain a face covering, must wear a face mask/face covering in indoor businesses and indoor public places where six (6) foot social distancing cannot be achieved or maintained. A "face covering" or "mask" must be worn to cover the nose and mouth completely, and can include a paper or disposable face mask, a cloth mask, a scarf, a bandanna, or neck gaiter. II. BE IT FURTHER ORDAINED that pursuant to SDCL 9-19-13, this ordinance is adopted to address a public health emergency and 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. First Reading: March 16, 2021 Second Reading: March 23, 2021 Published: CITY OF BROOKINGS Keith W. Corbett, Mayor ATTEST: Bonnie Foster, City Clerk Brookings Health System COVID-19 Dashboard Brookings County (Testing data compiled from BHS, Avera, Sanford & SDSU) 1766 1667 99 16-Mar-21 Total Tested 1766 Total (-)1667 Total (+)99 Monthly Cumulative Totals thru 3/16 5.6% 94.4% March Positivity Rates 99 1766 5.3 6.1 6.3 6.2 5.7 7.0 6.8 0.0 5.0 10.0 15.0 3/10 3/11 3/12 3/13 3/14 3/15 3/16 7 Day Rolling Percent Positivity 2 3 5 2 13 6 5 8 6 1 5 4 6 10 7 8 1 1 8 10 143 105 26 14 136 170 258 209 97 14 29 123 70 208 96 115 16 23 61 141 2/25 2/26 2/27 2/28 3/1 3/2 3/3 3/4 3/5 3/6 3/7 3/8 3/9 3/10 3/11 3/12 3/13 3/14 3/15 3/16 Total Positive vs. Total Tested Total (+)Total Tested Linear (Total (+))Linear (Total Tested) 14.81%9.42%6.31%7.61%6.14%3.92%4.40%3.89%6.96% 0% 10% 20% 30% 40% 0 200 400 600 800 1000 1/12 to 1/18 1/19 to 1/25 1/26 to 2/1 2/2 to 2/8 2/9 to 2/15 2/16 to 2/22 2/23 to 3/1 3/2 to 3/8 3/9 to 3/15 PERCENT POSITIVECOVID TESTSBrookings Weekly Testing Positive Total Tests % Positive COVID-19 Situation Brookings County 0 1,000 2,000 3,000 4,000 5,000 6,000 3/43/184/14/154/295/135/276/106/247/87/228/58/199/29/169/3010/1410/2811/1111/2512/912/231/61/202/32/173/33/173/314/144/285/125/266/96/237/77/218/48/189/19/159/2910/1310/2711/1011/2412/812/22Cumulative Cases2020-2021 Cumulative Number of Confirmed & Probable Cases by Week Brookings COVID-19 Situation https://doh.sd.gov/COVID/Dashboard.aspx March 17th •3,672 cases (2,969 confirmed) •80 active cases •133 ever hospitalized •37 deaths Brookings Hospital current census: •0 COVID beds occupied •0 COVID ICU beds occupied State residents only. Includes confirmed cases by PCR & probable cases by antigen testing. Total cases as of 3/17/21 = 3,672 0 50 100 150 200 250 300 3/43/184/14/154/295/135/276/106/247/87/228/58/199/29/169/3010/1410/2811/1111/2512/912/231/61/202/32/173/33/173/314/144/285/125/266/96/237/77/218/48/189/19/159/2910/1310/2711/1011/2412/812/22Number of New Cases per WeekCurrent Level of Community Spread^: substantial Substantial spread Moderate spread Brookings COVID-19 Situation 2020-2021 Number of Confirmed & Probable COVID-19 Cases per Week Substantial spread = 100+ new cases per week/100,000 population or 34 cases/week for Brookings County. Moderate spread = 10-100 cases per 100,000 (4-33 cases/week); Minimal spread = <10 cases/100,000 (<4 cases/week) For description of ordinances visit: https://cityofbrookings.org/699/Guidelines-Ordinance-Information https://doh.sd.gov/COVID/Dashboard.aspx 7/7/20: (Ord. 20-010) 3/23/20: many businesses closed (Ord. 20-005) 5/12/20: city reopened (Ord. 20-007) 9/8/20: (Ord. 20-019) Includes mask mandate 10/27/20: (Ord. 20-028) 12/15/20: (Ord. 20-029) Total cases as of 3/17/21 = 3,672 Cases for week ending 3/17/21 = 42 Cases for week ending 3/10/21 = 31 Brookings COVID-19 Situation 2021 Weekly Percentage of Positive Tests (PCR + Antigen) 0 10 20 30 40 50 0 200 400 600 800 1/11/151/292/122/263/123/264/94/235/75/216/46/187/27/167/308/138/279/109/2410/810/2211/511/1912/312/17Percent Positive TestsNumber of Positive Tests or People Tested/Week Number Positive cases/week Weekly total of people tested 7-day average of % positive tests^ ^ Calculated as sum of 7-days of previous positive cases/sum of 7-days of total tests completed*100. Duplicate tests on same individual not included. Used total cases and total persons tested on DOH website (includes sentinel & surveillance samples). The rate of positivity provides insight into whether enough testing is being conducted. If positivity is high, it suggests that the sickest are being tested and milder or asymptomatic cases may be missed. The WHO has said that in countries that have extensive testing for COVID-19, percent positive should remain at 5% or lower for at least 14 days (dashed yellow line). Last 7-days: % positive tests among people tested = 23% % positive tests among total tests done = 4% % positive PCR tests (DOH dashboard) = 8% https://doh.sd.gov/COVID/Dashboard.aspx https://coronavirus.jhu.edu/testing 0% 20% 40% 60% 80% 100%9/149/2410/210/1410/2110/2911/411/1111/2312/212/912/2212/311/71/131/201/272/32/102/172/243/33/103/170-9 10-19 20-29 30-39 40-49 50-59 60-69 70+ Brookings COVID-19 Situation Age Distribution of Brookings County Cases Who Have Tested Positive Over Time Data Source: South Dakota Department of Health % Increase 3/10 -3/17 0% (70+ y, n=0) <1% (60-69y, n=1) 1% (50-59y, n=5) 1% (40-49y, n=4) 3% (30-39y, n=12) 1% (20-29y, n=13) 1% (10-19y, n=5) 2% (0-9 y, n=2) Total = 42 2.8 8.6 14.1 11.2 12.9 11.3 7.6 10.5 10.3 0 4 8 12 16 20 0-9 10-19 20-29 30-39 40-49 50-59 60-69 70-79 80+PercentAge Group 14-Sep 2-Oct 4-Nov 2-Dec 7-Jan 3-Feb 3-Mar Brookings COVID-19 Situation Cumulative Percent of Population within Each Age Group Testing Positive in Brookings County by Month Overall, 10.3% of Brookings County residents have tested positive as of March 3rd. Case data as close to the first of the month as possible was used. Population estimates from 2019 Census estimates. Updated monthly. How to read: As of March 3rd, 7.6% of individuals aged 60-69 years who reside in Brookings County have tested positive for COVID-19. Data Source: South Dakota Department of Health Brookings COVID-19 Situation 0 3 6 9 12 15 8/58/128/198/269/29/99/169/239/3010/710/1410/2110/2811/411/1111/1811/2512/212/912/1612/2312/301/61/131/201/272/32/102/172/243/33/103/173/243/314/74/144/214/285/55/125/195/266/26/96/166/236/307/77/147/217/288/48/118/188/259/19/89/159/229/2910/610/1310/2010/2711/311/1011/1711/2412/112/812/1512/2212/29Number Hospitalized per Week2020-2021 Number of New Hospitalizations per Week Includes only Brookings County residents. Began collecting data on 8/5/2020 (4 hospitalizations prior to 8/5 are not shown). https://doh.sd.gov/COVID/Dashboard.aspx Data after 3/10/21 are incomplete Total hospitalizations = 133 Hospital admissions for week ending 3/17/21 = 5 Hospital admissions for week ending 3/10/21 = 1 Total deaths = 37 Deaths for week ending 3/17/21 = 0 Deaths for week ending 3/10/21 = 0 Brookings COVID-19 Situation 0 10 20 30 40 50 1/11/151/292/122/263/123/264/94/235/75/216/46/187/27/167/308/138/279/109/2410/810/2211/511/1912/312/17Percent2021 Percent of Brookings County & South Dakota Vaccinated per Week^ % Brookings County 1+ doses % South Dakota 1+ doses % Brookings fully vaccinated % SoDak fully vaccinated These data reflect vaccine coverage and do not reflect the percentage of the currently eligible population that has been vaccinated. https://doh.sd.gov/COVID/Dashboard.aspx ^Based on 2019 Census population estimate for residents aged 16+ years in Brookings County of 29.587 & for SD of 689,981. Does not include vaccinations via IHS and VA. % Receiving at Least One Dose: South Dakota = 29.3% Brookings County = 24.6% % Fully Vaccinated: South Dakota = 17.0% Brookings County = 11.1% Counties with Top 10 Most Populous Cities 0 10 20 30 40 50 1/11/151/292/122/263/123/264/94/235/75/216/46/187/27/167/308/138/279/109/2410/810/2211/511/1912/312/17Percent2021 Percent of Population Receiving at Least One Vaccine^ Beadle Co Brookings Co Brown Co Codington Co Davison Co Hughes Co Lawrence Co Minnehaha Co Pennington Co Yankton Co Health system responsible for distributing vaccines: Green –Northern Plains Health Network White –Sanford & Avera Red –Monument Health Light blue –Avera These data reflect vaccine coverage and do not reflect the percentage of the currently eligible population that has been vaccinated. https://doh.sd.gov/COVID/Dashboard.aspx Hughes = 34.5% (4,719 / 13,693) South Dakota = 29.3% Brookings = 24.6% (7,034 / 28,576) ^ Based on 2019 Census population estimates for residents aged 16+ years. Does not include vaccinations via IHS and VA. Counties with Top 10 Most Populous Cities 0 3,000 6,000 9,000 12,000 15,000 18,000 4/14/225/136/36/247/158/58/269/1610/710/2811/1812/912/301/202/103/33/244/145/55/266/167/77/288/189/89/2910/2011/1012/112/22Total CasesCumulative Cases per 100,000 Population by Week Beadle Co Brookings Co Brown Co Codington Co Davison Co Hughes Co Lawrence Co Minnehaha Co Pennington Co Yankton Co City Actions Within Counties:* Beadle –resolution on mask usage (11/16 Huron & 12/8 for county property) Brookings –ordinances for restricted capacity (5/12) & mask mandate (9/8) Watertown –resolution on mask usage (12/7) Minnehaha –non-enforceable ordinance on mask mandate (11/17) Mitchell –emergency order mask mandate (11/17), ordinance (11/23) Yankton –non-enforceable ordinance on mask mandate (12/9) https://doh.sd.gov/COVID/Dashboard.aspx Counties with Top 10 Most Populous Cities 0 500 1,000 1,500 2,000 2,500 5/206/36/177/17/157/298/128/269/99/2310/710/2111/411/1812/212/1612/301/131/272/102/243/103/244/74/215/55/196/26/166/307/147/288/118/259/89/2210/610/2011/311/1712/112/1512/29New Cases per WeekNew Cases per Week per 100,000 Population Beadle Co Brookings Co Brown Co Codington Co Davison Co Hughes Co Lawrence Co Minnehaha Co Pennington Co Yankton Co Data from https://doh.sd.gov/COVID/Dashboard.aspx Spread based on new cases/week: substantial = 100+/100K population. 2019 Census county population estimates used. Substantial spread See next slide for close-up of recent data Counties with Top 10 Most Populous Cities 0 100 200 300 400 500 12/301/61/131/201/272/32/102/172/243/33/103/173/243/314/74/144/214/28New Cases per WeekNew Cases (Recent) per Week per 100,000 Population Beadle Co Brookings Co Brown Co Codington Co Davison Co Hughes Co Lawrence Co Minnehaha Co Pennington Co Yankton Co Data from https://doh.sd.gov/COVID/Dashboard.aspx Spread based on new cases/week: substantial = 100+/100K population. Moderate spread = 10-100 cases per 100,000; Minimal spread = <10 cases/100,000. 2019 Census county population estimates used. Substantial spread Moderate spread Brookings County Mobility Data via Google -75 -25 25 75 2/15/202/29/203/14/203/28/204/11/204/25/205/9/205/23/206/6/206/20/207/4/207/18/208/1/208/15/208/29/209/12/209/26/2010/10/2010/24/2011/7/2011/21/2012/5/2012/19/201/2/211/16/211/30/212/13/212/27/213/13/21Percent Change in Mobility Retail & Recreation Grocery & Pharmacy Transit Stations (gas stations, rest areas, etc.)Workplaces Residential Average Non-Residential Baseline: normal value for day of week (1/3-2/6/20) Residential shows a change in duration, other categories are change in total visitors. Parks not shown. Data from Google COVID-19 Community Mobility Reports: https://www.google.com/covid19/mobility/ COVID-19 Situation South Dakota 0 20,000 40,000 60,000 80,000 100,000 120,000 140,000 160,000 3/43/184/14/154/295/135/276/106/247/87/228/58/199/29/169/3010/1410/2811/1111/2512/912/231/61/202/32/173/33/173/314/144/285/125/266/96/237/77/218/48/189/19/159/2910/1310/2711/1011/2412/812/22Cumulative Cases2020-21 Cumulative Number of Confirmed & Probable Cases by Week South Dakota COVID-19 Situation State residents only. Includes confirmed cases by PCR & probable cases by antigen testing. Total number of SD cases of influenza over the last decade (2010-20): N = 37,350 https://doh.sd.gov/COVID/Dashboard.aspx March 17th •114,966 positives (101.745 confirmed) •2,107 active cases •6,820 ever hospitalized •68 currently hospitalized (10 in ICU) •1,915 deaths Cases as of 3/17/21 = 114,966 South Dakota COVID-19 Situation 0 1,000 2,000 3,000 4,000 5,000 6,000 7,000 8,000 9,000 10,000 3/43/184/14/154/295/135/276/106/247/87/228/58/199/29/169/3010/1410/2811/1111/2512/912/231/61/202/32/173/33/173/314/144/285/125/266/96/237/77/218/48/189/19/159/2910/1310/2711/1011/2412/812/22Number of New Cases per Week2020-2021 Confirmed & Probable Cases per Week Substantial spread = 100+ new cases per week/100,000 population or 864+ cases/week for South Dakota. Moderate spread = 10-100 cases per 100,000; Minimal spread = <10 cases/100,000. https://doh.sd.gov/COVID/Dashboard.aspx Substantial spread Cases as of 3/17/21 = 114,966 Cases for week ending 3/17/21 = 1,004 Cases for week ending 3/10/21 = 1,129 South Dakota COVID-19 Situation Age Distribution 0 5 10 15 20 25 30 0 500 1,000 1,500 2,000 2,500 3,000 1/11/151/292/122/263/123/264/94/235/75/216/46/187/27/167/308/138/279/109/2410/810/2211/511/1912/312/17Number of New Cases per Week2021 Number of Confirmed & Probable Cases by Age per Week < 60 Years (80% SD ) 60+ Years (20% SD) Percent 60+ Years https://doh.sd.gov/COVID/Dashboard.aspxPercent 60+Percentage of cases aged 60+ years for week ending 3/17/21 = 16.0% South Dakota COVID-19 Situation 0 20,000 40,000 60,000 80,000 100,000 120,000 3/184/14/154/295/135/276/106/247/87/228/58/199/29/169/3010/1410/2811/1111/2512/912/231/61/202/32/173/33/173/314/144/285/125/266/96/237/77/218/48/189/19/159/2910/1310/2711/1011/2412/812/22Number2020-2021 Number of Active & Recovered Cases ^ Recovered Cases Active Cases ^Recorded every Wednesday. Includes only state residents. https://doh.sd.gov/COVID/Dashboard.aspx South Dakota COVID-19 Situation 2021 Percentage of Positive Tests (PCR + Antigen) 0 10 20 30 40 50 0 2,000 4,000 6,000 8,000 10,000 1/11/151/292/122/263/123/264/94/235/75/216/46/187/27/167/308/138/279/109/2410/810/2211/511/1912/312/17Percent Positive TestsNumber of Positive Tests or People Tested/Week Number Positive Cases/week Total unique people tested/week 7-day average of % positive tests^ ^ Calculated as sum of 7-days of previous positive cases/sum of 7-days of total tests completed*100. Duplicate tests on same individual not included. Used total cases and total persons tested on DOH website (includes sentinel & surveillance samples). The rate of positivity provides insight into whether enough testing is being conducted. If positivity is high, it suggests that the sickest are being tested and milder or asymptomatic cases may be missed. The WHO has said that in countries that have extensive testing for COVID-19, percent positive should remain at 5% or lower for at least 14 days. Over the last 7-days: % positive tests among people tested = 24% % positive tests among total tests done = 5% % positive PCR tests on DOH dashboard = 8% https://doh.sd.gov/COVID/Dashboard.aspx https://coronavirus.jhu.edu/testing South Dakota COVID-19 Situation 0 1,000 2,000 3,000 4,000 5,000 6,000 7,000 8,000 3/43/184/14/154/295/135/276/106/247/87/228/58/199/29/169/3010/1410/2811/1111/2512/912/231/61/202/32/173/33/173/314/144/285/125/266/96/237/77/218/48/189/19/159/2910/1310/2711/1011/2412/812/222021 Cumulative Number of Hospitalizations by Week Includes only state residents. 10 Years of SD hospitalizations due to influenza (2010-2020) Total N = 5,038 https://doh.sd.gov/COVID/Dashboard.aspx Data after 3/10/21 are incomplete Total hospital admissions as of 3/17/21 = 6,820 South Dakota COVID-19 Situation 0 100 200 300 400 500 600 0 100 200 300 400 500 600 3/43/184/14/154/295/135/276/106/247/87/228/58/199/29/169/3010/1410/2811/1111/2512/912/231/61/202/32/173/33/173/314/144/285/125/266/96/237/77/218/48/189/19/159/2910/1310/2711/1011/2412/812/22Number Currently HospitalizedNumber of New Admissions or in ICU2020-2021 Weekly Hospitalization Data New Admissions/week Number in ICU Currently Hospitalized in SD Currently hospitalized includes state and out-of-state residents and transfers in from other states, but not residents transferred out-of-state. New admissions include only state residents; does not include patients on home health care. Number in ICU and currently hospitalized recorded on Wednesdays. https://doh.sd.gov/COVID/Dashboard.aspx Data after 3/10/21 are incomplete Currently hospitalized = 68 (10 in ICU) Total hospital admissions as of 3/17/21 = 6,820 Hospital admissions for week ending 3/17/21 = 84 Hospital admissions for week ending 3/10/21 = 82 South Dakota COVID-19 Situation 0 500 1,000 1,500 2,000 2,500 3/43/184/14/154/295/135/276/106/247/87/228/58/199/29/169/3010/1410/2811/1111/2512/912/231/61/202/32/173/33/173/314/144/285/125/266/96/237/77/218/48/189/19/159/2910/1310/2711/1011/2412/812/222021 Cumulative Number of Deaths by Week Deaths among people with COVID Deaths caused by COVID Dept of Health does not report deaths until a certified death record is filed. By law, a death record must be filed within 5 days of the date of death. Deaths caused by COVID based on death certificates where COVID is cause of death or contributing cause. Deaths among people with COVID include death certificates stating COVID as well as data from national surveillance system that identifies COVID cases and deaths within 20 days of infection that do not include COVID on death certificate. See DOH dashboard, death tab for detailed definitions. Total SD deaths from influenza over a decade (2010-2020): N = 344 https://doh.sd.gov/COVID/Dashboard.aspx Last date of death reported on dashboard occurred on 3/9/21 Total deaths as of 3/17/21 = 1,915 South Dakota COVID-19 Situation 0 50 100 150 200 3/43/184/14/154/295/135/276/106/247/87/228/58/199/29/169/3010/1410/2811/1111/2512/912/231/61/202/32/173/33/173/314/144/285/125/266/96/237/77/218/48/189/19/159/2910/1310/2711/1011/2412/812/22Number of Deaths per Week2020-21 Number of Deaths per Week among People with COVID-19 https://doh.sd.gov/COVID/Dashboard.aspx Last date of death reported on dashboard occurred on 3/9/21 See DOH dashboard, death tab for detailed definitions. Total deaths as of 3/17/21 = 1,915 Deaths for week ending 3/17/21 = 11 Deaths for week ending 3/10/21 = 11 0.6 11.3 16.6 20.9 25.0 46.5 69.9 72.7 0 20 40 60 80 100 <20 20-29 30-39 40-49 50-59 60-69 70-79 80+PercentAge Group How to read: 46.5% of individuals aged 60-69 years have been vaccinated. South Dakota COVID-19 Situation Percent of Population Receiving at Least One Vaccine by Age as of March 17, 2021 Overall, 31% of South Dakotans aged 20+ years have been immunized. Includes data from Veterans Affairs and Indian Health Services. https://doh.sd.gov/COVID/Dashboard.aspx 7.4 17.4 16.6 17.2 15.1 11.9 11.3 13.5 6.4 14.3 11.6 13.1 11.6 7.7 10.5 10.3 0 5 10 15 20 25 <20 20-29 30-39 40-49 50-59 60-69 70-79 80+PercentAge Group South Dakota Brookings Co. How to read: 11.9% of South Dakotans aged 60-69 years have tested positive for COVID-19 compared to 7.7% of Brookings County residents aged 60-69 years. South Dakota COVID-19 Situation Percent of South Dakota & Brookings Population Ever Testing Positive by Age as of March 17, 2021 2019 SD Pop (US Census) https://doh.sd.gov/COVID/Dashboard.aspx Brookings data from SD Department of Health Overall, the percent of population testing positive is: 13.0% for South Dakota 10.5% for Brookings County 1.0 1.9 2.6 3.5 5.8 10.2 20.8 28.2 0 5 10 15 20 25 30 <20 20-29 30-39 40-49 50-59 60-69 70-79 80+PercentAge Group How to read: 10.2% of individuals aged 60-69 years who were diagnosed with COVID-19 were hospitalized. South Dakota COVID-19 Situation Percent of Cases Ever Hospitalized by Age as of March 17, 2021 Overall, 5.9% of South Dakotans who tested positive have been hospitalized. Calculated as (ever hospitalized/tested positive)*100 using South Dakota data. https://doh.sd.gov/COVID/Dashboard.aspx 0.03 0.10 0.23 0.72 2.0 6.3 20.5 0.01 0.06 0.14 0.5 1.8 5.9 20.2 0 10 20 30 20-29 30-39 40-49 50-59 60-69 70-79 80+PercentAge Group South Dakota Minnesota (11/16/20) How to read: 2.0% of South Dakotans aged 60- 69 years who were diagnosed with COVID-19 died. South Dakota COVID-19 Situation Case Fatality Rates by Age South Dakota updated on March 17, 2021 Overall case fatality rate for South Dakota is 1.7%. Case fatality rate calculated as COVID deaths/(COVID deaths + recovered)*100 (https://doh.sd.gov/COVID/Dashboard.aspx) Minnesota data: CFR = (deaths/cases)*100 (https://www.health.state.mn.us/diseases/coronavirus/stats/covidweekly46.pdf) Data not given for ages <19 years. South Dakota School Situation 32 9965 10147 28 3576 3642 22 3173 3203 586 598 0 3,000 6,000 9,000 12,000 15,000 8/158/228/299/59/129/199/2610/310/1010/1710/2410/3111/711/1411/2111/2812/512/1212/1912/261/21/91/161/231/302/62/132/202/273/63/133/203/274/34/104/174/245/15/8NumberWeek Ending Cumulative Number of COVID-19 Cases by Week K-12 Students K-12 Staff Higher Ed Students Higher Ed Staff https://doh.sd.gov/documents/COVID19/School-College_COVID_cases.pdf Yellow lines = K -12 Blue lines = higher education Pink marker = students Red marker = staff K-12 Students K-12 Staff Higher Ed Students Higher Ed Staff Probable cases added retroactively on 2/22/21. South Dakota Deaths 0 25 50 75 100 125 150 175 JanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecemberNumber of Deaths per 100,000 PopulationDeaths per 100,000 Population by Month with Average and Lowest and Highest Rates from 1960 to 2019 Average (1960-2019)Lowest (1960-2019)Highest (1960-2019)2020 (provisional)2021 (provisional) https://doh.sd.gov/statistics/ https://doh.sd.gov/documents/statistics/Mortality-Report-2020-2021.pdf 2020 & 2021 deaths are provisional. Data as of 3/9/21 South Dakota Deaths 0 300 600 900 1,200 1,500 JanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecemberNumber of DeathsNumber of Deaths by Year and Month 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 (prov.)2021 (prov.) 2020 Total deaths (provisional) = 9,856 Average number of deaths/year (2010-2019) = 7,602 Difference between observed & average = 2,254 COVID deaths in 2019 per DOH dashboard = 1,488 https://doh.sd.gov/statistics/ https://doh.sd.gov/documents/statistics/Mortality-Report-2020-2021.pdf 2020 & 2021 deaths are provisional. Data as of 3/9/21 South Dakota Deaths 0 400 800 1,200 1,600 2,000 20102011201220132014201520162017201820192020Number of DeathsNumber of Deaths by Cause and Year (numbers in parentheses are Jan 2021 deaths) Heart Disease (163)Cancer (163) COVID-19 (148)Unintentional Injuries (43) Alzheimer's disease (37)Cerebrovascular diseases (36) Chronic lower respiratory diseases (28)Diabetes (24) Chronic Liver Disease & Cirrhosis (25)Suicide (20) Influenza & Pneumonia All Other Causes (191) Cause not yet determined (20) https://doh.sd.gov/documents/statistics/Mortality-Report-2020.pdf 2020 & 2021 deaths are provisional. Data as of 3/9/21 All Other Causes Heart Disease Cancer COVID-19 South Dakota Mobility Data via Google -75 -25 25 75 2/15/202/29/203/14/203/28/204/11/204/25/205/9/205/23/206/6/206/20/207/4/207/18/208/1/208/15/208/29/209/12/209/26/2010/10/2010/24/2011/7/2011/21/2012/5/2012/19/201/2/211/16/211/30/212/13/212/27/213/13/21Percent Change in Mobility Retail & Recreation Grocery & Pharmacy Transit Stations (gas stations, rest areas, etc.)Workplaces Residential Average Non-Residential Baseline: normal value for day of week (1/3-2/6/20) Residential shows a change in duration, other categories are change in total visitors. Parks not shown. Data from Google COVID-19 Community Mobility Reports:https://www.google.com/covid19/mobility/ COVID-19 Situation U.S. U.S. COVID-19 Situation 0 5,000,000 10,000,000 15,000,000 20,000,000 25,000,000 30,000,000 35,000,000 40,000,000 3/43/184/14/154/295/135/276/106/247/87/228/58/199/29/169/3010/1410/2811/1111/2512/912/231/61/202/32/173/33/173/314/144/285/125/266/96/237/77/218/48/189/19/159/2910/1310/2711/1011/2412/812/22Number Cumulative Number of Confirmed Cases by Week WorldoMeter Cases-CDC https://www.worldometers.info/coronavirus/#countries https://www.cdc.gov/coronavirus/2019-ncov/cases-in-us.html Cases as of 3/17/21= 30,231,550 Numbers cited are from WorldoMeter U.S. COVID-19 Situation 0 500,000 1,000,000 1,500,000 2,000,000 3/43/184/14/154/295/135/276/106/247/87/228/58/199/29/169/3010/1410/2811/1111/2512/912/231/61/202/32/173/33/173/314/144/285/125/266/96/237/77/218/48/189/19/159/2910/1310/2711/1011/2412/812/22Number per WeekNumber of Newly Diagnosed Cases per Week https://www.worldometers.info/coronavirus/#countries Cases as of 3/17/21= 30,231,550 Cases for week ending 3/17/21 = 430,044 Cases for week ending 3/10/21 = 430,801 0 100,000 200,000 300,000 400,000 500,000 600,000 3/43/184/14/154/295/135/276/106/247/87/228/58/199/29/169/3010/1410/2811/1111/2512/912/231/61/202/32/173/33/173/314/144/285/125/266/96/237/77/218/48/189/19/159/2910/1310/2711/1011/2412/8NumberCumulative Number of Deaths from COVID-19 by Week WorldoMeter CDC Total deaths as of 3/17/21 = 549,367 U.S. COVID-19 Situation https://www.worldometers.info/coronavirus/#countries https://www.cdc.gov/coronavirus/2019-ncov/cases-in-us.html US deaths in WW II N = 405,399 US deaths in WW I N = 116,516 Numbers cited are from WorldoMeter 0 5,000 10,000 15,000 20,000 25,000 3/43/184/14/154/295/135/276/106/247/87/228/58/199/29/169/3010/1410/2811/1111/2512/912/231/61/202/32/173/33/173/314/144/285/125/266/96/237/77/218/48/189/19/159/2910/1310/2711/1011/2412/812/22Number per WeekNumber of Deaths per Week from COVID-19 Total deaths as of 3/17/21 = 549,367 Deaths for week ending 3/17/21 = 8,793 Deaths for week ending 3/10/21 = 11,360 U.S. COVID-19 Situation https://www.worldometers.info/coronavirus/#countriesNumbers cited are from WorldoMeter COVID-19 Situation World World COVID -19 Situation 0 30,000,000 60,000,000 90,000,000 120,000,000 150,000,000 3/113/254/84/225/65/206/36/177/17/157/298/128/269/99/2310/710/2111/411/1812/212/1612/301/131/272/102/243/103/244/74/215/55/196/26/166/307/147/288/118/259/89/2210/610/2011/311/1712/1NumberCumulative Number of Confirmed Cases WHO WorldoMeter https://www.who.int/emergencies/diseases/novel-coronavirus-2019/situation-reports https://www.worldometers.info/coronavirus/ Cases as of 3/17/21 = 121,267,897 Numbers cited are from WorldoMeter World COVID -19 Situation 0 1,000,000 2,000,000 3,000,000 4,000,000 5,000,000 6,000,000 7,000,000 3/43/254/155/65/276/177/87/298/199/99/3010/2111/1112/212/231/132/32/243/174/74/285/196/96/307/218/119/19/2210/1311/311/2412/15Number per WeekNumber of Newly Confirmed Cases per Week https://www.worldometers.info/coronavirus/ Cases as of 3/17/21 = 121,267,897 Cases for week ending 3/17/21 = 3,115,021 Cases for week ending 3/10/21 = 2,864,474 Numbers cited are from WorldoMeter World COVID -19 Situation 0 500,000 1,000,000 1,500,000 2,000,000 2,500,000 3,000,000 3/43/184/14/154/295/135/276/106/247/87/228/58/199/29/169/3010/1410/2811/1111/2512/912/231/61/202/32/173/33/173/314/144/285/125/266/96/237/77/218/48/189/19/159/2910/1310/2711/1011/2412/812/22NumberCumulative Number of Deaths from COVID-19 WHO WorldoMeter https://www.who.int/emergencies/diseases/novel-coronavirus-2019/situation-reports https://www.worldometers.info/coronavirus/ Deaths as of 3/17/21 = 2,682,084 Numbers cited are from WorldoMeter World COVID -19 Situation 0 20,000 40,000 60,000 80,000 100,000 120,000 3/43/184/14/154/295/135/276/106/247/87/228/58/199/29/169/3010/1410/2811/1111/2512/912/231/61/202/32/173/33/173/314/144/285/125/266/96/237/77/218/48/189/19/159/2910/1310/2711/1011/2412/812/22Number per WeekNumber of Deaths from COVID per Week https://www.worldometers.info/coronavirus/ Deaths as of 3/17/21 = 2,682,084 Deaths for week ending 3/17/21 = 60,775 Deaths for week ending 3/10/21 = 61,686 Numbers cited are from WorldoMeter Ordinance 21-012 An Emergency Ordinance Amending Emergency Ordinance 20-001 to Extend and to Comprehensively Adopt Provisions to Address a Public Health Crisis and to Revise Certain Measures which are Necessary for the Immediate Preservation of the Public Health, Safety and Welfare of the City and are Necessary to Slow the Community Spread of Coronavirus (COVID-19) in the City of Brookings, South Dakota. I. Be It Ordained and Enacted by the Council of the City of Brookings, State of South Dakota, as follows: 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, COVID-19 has been confirmed in more than 100 countries, including the United States; and Whereas, COVID-19 is a continuing global pandemic. United States Supreme Court Chief Justice Roberts stated in a 2020 decision “people may be infected but asymptomatic, [and] they may unwittingly infect others”; and Whereas, the Centers for Disease Control and Prevention, the World Health Organization, medical and scientific associations and physicians continue t o suggest individuals wear a face covering to slow the spread of COVID-19; and Whereas, Ordinance 20-029 and this ordinance are intended to continue necessary procedures to slow the rise of positive cases of COVID-19 and slow down the rate of infection, and therefore bears a real and substantial relationship to public health because the measures are recognized to be the best available procedures to slow the rate of transmission of COVID-19; and Whereas, the City of Brookings and many States and communities across the country continue to implement White House and CDC recommendations by restricting occupancy at bars, restaurants, food courts, gyms, and other indoor and outdoor venues where people congregate 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 threaten the capacity of the City's health care providers; and Whereas, it is important that control measures, including requiring face masks in indoor places, 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 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 20-029 to address the COVID-19 public emergency in the City of Brookings; and Whereas, based on the number of cases in Brookings County, the number of past hospitalizations in the City, and the available modeling, the City Council believes the occupancy, social distancing and face covering restrictions should be continued given the continuing potential for community spread of COVID-19 cases in the City and State, and Whereas, this Emergency Ordinance is intended to extend certain emergency measures and restrictions as previously set forth in Emergency Ordinance 20-029. Now Therefore, Be It Ordained by the City Council of Brookings as follows: 1. Any businesses identified in Ordinance 20-005 may reopen or remain open to serve patrons on-site pursuant to the conditions established in this ordinance. 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. 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 capacity of one-half (½) of their maximum posted capacity. Capacity must 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 capacity of one-half (½) of their maximum posted capacity. Capacity must 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) In retail and grocery businesses, install a plexiglass, or similar divider where physically possible between the cashier and customer. h) Require employees to wash hands at regular intervals. i) Restaurant and bar (those businesses with an alcoholic beverage license) staff and employees must wear masks which cover the employee's nose and mouth. j) In casinos, video lottery machines must be cleaned and disinfected between each customer. k) Staff and employees of hair salons, nail and tanning salons, spas and barber shops must wear masks which cover their nose and mouth during customer contact times. Customer seating must be at least six (6) feet apart. l) In gyms and fitness facilities, any equipment and/or exercise mats must be cleaned or disinfected between each use. m) 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. n) Hand sanitizer locations readily available for public use should be made available at grocery stores and retail businesses. o) Enhanced cleaning/disinfecting requirements should be used for motel and hotel rooms. p) Seating for large gatherings shall be reduced to comply with a six- foot minimum distance between attendees. q) Businesses are encouraged to conduct daily employee screenings for illness. r) Businesses are encouraged to post signage outside of their facility that encourages customers to wear face coverings and to not enter if they are not feeling well or have COVID-19 symptoms. s) Businesses are encouraged to develop risk mitigation strategies for restrooms or other areas where social distancing requirements are likely to be compromised. t) Certain businesses (e.g. gym, recreation facilities, casinos, etc.) are encouraged to have customers wipe down their equipment/machines before and after use. However, businesses are recommended to ensure proper cleaning and disinfecting of equipment and surfaces potentially touched by customers and patrons is occurring. u) 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. v) Masks are required at city-sanctioned events. Masks which cover a person's nose and mouth are required for all persons attending or working at events which require a City permit when a minimum of six – foot distance cannot be maintained or achieved. w) Masks are required when obtaining services from the healthcare sector in settings, including but not limited to, a hospital, pharmacy, medical clinic, laboratory, physician or dental office, veterinary clinic, or blood bank, unless directed otherwise by an employee thereof or a health care provider. x) Masks are required while riding on public transportation or while in a taxi, private car service, or ride-sharing vehicle. 3. The following individuals are exempt from wearing masks or other face coverings: a) Persons age five years or under; Children age two years and under in particular should not wear a face covering because of the risk of suffocation; b) Persons with a medical condition, mental health condition, or disability that prevents wearing a face covering. This includes persons with a medical condition for whom wearing a face covering could obstruct breathing or who are unconscious, incapacitated, or otherwise unable to remove a face covering without assistance; c) Persons who are deaf or hard of hearing, or when communicating with a person who is deaf or hard of hearing, where the ability to see the mouth is essential for communication; d) Persons for whom wearing a face covering would create a risk to the person related to their work, as determined by local, state, or federal regulations or workplace safety guidelines; e) Persons who are obtaining a service involving the nose or face for which temporary removal of the face covering is necessary to perform the service; f) Persons who are seated at a restaurant or other establishment that offers food or beverage service, while they are eating or drinking, provided they maintain a 6-foot distance between individuals (not including individuals who reside together or are seated together) with only infrequent or incidental moments of closer proximity; g) Athletes and participants who are engaged in an organized sports activity that allows athletes to maintain a 6-foot distance from others with only infrequent or incidental moments of closer proximity; h) Persons who are engaged in an activity that a professional or recreational association, public regulatory entity, medical association, or other public health oriented entity has determined cannot be safely conducted while wearing a mask or other face covering and where other protections and precautions are established and utilized; i) Persons attending educational institutions where the public and private schools through 12th grade, colleges, and universities have implemented protections to slow the spread of COVID-19. j) Persons engaged in church and activities within religious places of worship, including preschools, social halls and chapels within church facilities, which may implement their own protections. 4. In addition to the specific requirements listed above, businesses shall operate in a manner consistent with the most recent CDC guidelines and any applicable state regulations and the South Dakota Governor's Executive Orders. CDC guidelines continue to recommend use of face coverings where social distancing cannot be maintained. 5. 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. 6. Businesses can request 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 this ordinance or the CDC guidelines. 7. Any person, 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 6. above, shall be in violation of this Ordinance. 8. Pursuant to this ordinance, the City Council may by resolution modify the mandatory closures and enact revised restrictions, including restrictions of 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. 9. 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, and 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. f. Educational institutions where public and private schools through 12th grade, colleges, and universities have implemented protections to slow the spread of COVID-19. g. Places of worship. h. Any and all polling places, including absentee voting and Election Day polling places, as well as all locations for processing absentee ballots and counting ballots. All polling places for absentee and Election Day voting shall remain open at all times. 10. 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. 11. Enforcement - Violation of this Ordinance may result in a fine, and multiple violations may result in further enforcement procedures, including legal and equitable action to enforce this Ordinance for the safety of the public. 12. Until the Second Reading of this ordinance is completed, approved and published, Ordinance 21-001 shall set forth the applicable measures deemed necessary to slow the spread of Coronavirus in the City of Brookings. 13. Face Masks/Face Coverings Required. Within the City of Brookings, all persons except those under the age of five (5) and those with a medical condition, mental health condition, or disability that makes it unreasonable for the individual to maintain a face covering, must wear a face mask/face covering in indoor businesses and indoor public places where six (6) foot social distancing cannot be achieved or maintained. A "face covering" or "mask" must be worn to cover the nose and mouth completely, and can include a paper or disposable face mask, a cloth mask, a scarf, a bandanna, or neck gaiter. II. BE IT FURTHER ORDAINED that pursuant to SDCL 9-19-13, this ordinance is adopted to address a public health emergency and 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. First Reading: March 16, 2021 Second Reading: March 23, 2021 Published: CITY OF BROOKINGS Keith W. Corbett, Mayor ATTEST: Bonnie Foster, City Clerk Ordinance 21-001 An Emergency Ordinance Amending Emergency Ordinance 20-001 to Extend and to Comprehensively Adopt Provisions to Address a Public Health Crisis and to Revise Certain Measures which are Necessary for the Immediate Preservation of the Public Health, Safety and Welfare of the City and are Necessary to Slow the Community Spread of Coronavirus (COVID-19) in the City of Brookings, South Dakota. I. Be It Ordained and Enacted by the Council of the City of Brookings, State of South Dakota, as follows: 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, COVID-19 has been confirmed in more than 100 countries, including the United States; and Whereas, COVID-19 is a continuing global pandemic. United States Supreme Court Chief Justice Roberts stated in a 2020 decision “people may be infected but asymptomatic, [and] they may unwittingly infect others”; and Whereas, the Centers for Disease Control and Prevention, the World Health Organization, medical and scientific associations and physicians continue to suggest individuals wear a face covering to slow the spread of COVID-19; and Whereas, Ordinance 20-029 and this ordinance are intended to continue necessary procedures to slow the rise of positive cases of COVID-19 and slow down the rate of infection, and therefore bears a real and substantial relationship to public health because the measures are recognized to be the best available procedures to slow the rate of transmission of COVID-19; and Whereas, the City of Brookings and many States and communiti es across the country continue to implement have already implemented White House and CDC recommendations by restricting occupancy at bars, restaurants, food courts, gyms, and other indoor and outdoor venues where people congregate 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 threaten or overwhelm the capacity of the City's health care providers; and Whereas, it is important that control measures, including requiring face masks in indoor places, 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 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 20-029 to address the COVID-19 public emergency in the City of Brookings, and Whereas, based on the number of cases in Brookings County, the number of past hospitalizations in the City, and the available modeling, the City Council believes the occupancy, social distancing and face covering restrictions should be continued given the continuing potential for community spread of COVID-19 cases in the City and State, and Whereas, this Emergency Ordinance is intended to extend certain, in comprehensive form, the emergency measures and restrictions as previously set forth in Emergency Ordinance 20- 029. Now Therefore, Be It Ordained by the City Council of Brookings as follows: 1. Any businesses identified in Ordinance 20-005 may reopen or remain open to serve patrons on-site pursuant to the conditions established in this ordinance. 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 capacity of one-half (½) of their maximum posted capacity. Capacity must 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 capacity of one-half (½) of their maximum posted capacity. Capacity must 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) In retail and grocery businesses, install a plexiglass, or similar divider where physically possible between the cashier and customer. h) Require employees to wash hands at regular intervals. i) Restaurant and bar (those businesses with an alcoholic beverage license) staff and employees must wear masks which cover the employee's nose and mouth. j) In casinos, video lottery machines must be cleaned and disinfected between each customer. k) Staff and employees of hair salons, nail and tanning salons, spas and barber shops must wear masks which cover their nose and mouth during customer contact times. Customer seating must be at least six (6) feet apart. l) In gyms and fitness facilities, any equipment and/or exercise mats must be cleaned or disinfected between each use. m) 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. n) Hand sanitizer locations readily available for public use should be made available at grocery stores and retail businesses. o) Enhanced cleaning/disinfecting requirements should be used for motel and hotel rooms. p) Seating for large gatherings shall be reduced to comply with a six- foot minimum distance between attendees. q) Businesses are encouraged to conduct daily employee screenings for illness. r) Businesses are encouraged to post signage outside of their facility that encourages customers to wear face coverings and to not enter if they are not feeling well or have COVID-19 symptoms. s) Businesses are encouraged to develop risk mitigation strategies for restrooms or other areas where social distancing requirements are likely to be compromised. t) Certain businesses (e.g. gym, recreation facilities, casinos, etc.) are encouraged to have customers wipe down their equipment/machines before and after use. However, businesses are recommended it will still be the responsibility of the business to ensure proper cleaning and disinfecting of equipment and surfaces potentially touched by customers and patrons is occurring. u) 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. v) Masks are required at city-sanctioned events. Masks which cover a person's nose and mouth are required for all persons attending or working at events which require a City permit when a minimum of six – foot distance cannot be maintained or achieved. w) Masks are required when obtaining services from the healthcare sector in settings, including but not limited to, a hospital, pharmacy, medical clinic, laboratory, physician or dental office, veterinary clinic, or blood bank, unless directed otherwise by an employee thereof or a health care provider. x) Masks are required while riding on public transportation or while in a taxi, private car service, or ride-sharing vehicle. 3. The following individuals are exempt from wearing masks or other face coverings: a) Persons age five years or under; Children age two years and under in particular should not wear a face covering because of the risk of suffocation; b) Persons with a medical condition, mental health condition, or disability that prevents wearing a face covering. This includes persons with a medical condition for whom wearing a face covering could obstruct breathing or who are unconscious, incapacitated, or otherwise unable to remove a face covering without assistance; c) Persons who are deaf or hard of hearing, or when communicating with a person who is deaf or hard of hearing, where the ability to see the mouth is essential for communication; d) Persons for whom wearing a face covering would create a risk to the person related to their work, as determined by local, state, or federal regulations or workplace safety guidelines; e) Persons who are obtaining a service involving the nose or face for which temporary removal of the face covering is necessary to perform the service; f) Persons who are seated at a restaurant or other establishment that offers food or beverage service, while they are eating or drinking, provided they maintain a 6-foot distance between individuals (not including individuals who reside together or are seated together) with only infrequent or incidental moments of closer proximity; g) Athletes and participants who are engaged in an organized sports activity that allows athletes to maintain a 6-foot distance from others with only infrequent or incidental moments of closer proximity; h) Persons who are engaged in an activity that a professional or recreational association, public regulatory entity, medical association, or other public health oriented entity has determined cannot be safely conducted while wearing a mask or other face covering and where other protections and precautions are established and utilized; i) Persons attending educational institutions where the public and private schools through 12th grade, colleges, and universities have implemented protections to slow the spread of COVID-19. j) Persons engaged in church and activities within religious places of worship, including preschools, social halls and chapels within church facilities, which may implement their own protections. 4. In addition to the specific requirements listed above, businesses shall operate in a manner consistent with the most recent CDC guidelines and any applicable state regulations and the South Dakota Governor's Executive Orders. CDC guidelines continue to recommend use of face coverings where social distancing cannot be maintained. 5. 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. 6. Businesses can request 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 s ocial distancing or hygiene requirements. The City will not approve exceptions which completely exempt a business from implementing social distancing, or from following this ordinance or the CDC guidelines. 7. Any person, 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 6. above, shall be in violation of this Ordinance. 8. Pursuant to this ordinance, the City Council may by resolution modify the mandatory closures and enact revised restrictions, including restrictions of 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. 9. 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, and 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. f. Educational institutions where public and private schools through 12th grade, colleges, and universities have implemented protections to slow the spread of COVID-19. g. Places of worship. h. Any and all polling places, including absentee voting and Election Day polling places, as well as all locations for processing absentee ballots and counting ballots. All polling places for absentee and Election Day voting shall remain open at all times. 10. 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. 11. Enforcement - Violation of this Ordinance may result in a fine, and multiple violations may result in further enforcement procedures, including legal and equitable action to enforce this Ordinance for the safety of the public. 12. Until the Second Reading of this ordinance is completed, approved and published, Ordinance 21-001 shall set forth the applicable measures deemed necessary to slow the spread of Coronavirus in the City of Brookings. 13. Face Masks/Face Coverings Required. Within the City of Brookings, all persons except those under the age of five (5) and those with a medical condition, mental health condition, or disability that makes it unreasonable for the individual to maintain a face covering, must wear a face mask/face covering in indoor businesses and indoor public places where six (6) foot social distancing cannot be achieved or maintained. A "face covering" or "mask" must be worn to cover the nose and mouth completely, and can include a paper or disposable face mask, a cloth mask, a scarf, a bandanna, or neck gaiter. II. BE IT FURTHER ORDAINED that pursuant to SDCL 9-19-13, this ordinance is adopted to address a public health emergency and 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. First Reading: March 16, 2021 Second Reading: March 23, 2021 Published: __________________, 2021 CITY OF BROOKINGS: Keith W. Corbett, Mayor ATTEST: Bonnie Foster, City Clerk 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 21-013,Version:2 Second Reading and Action on Ordinance 21-013, an Emergency Ordinance Amending Emergency Ordinance 21-001 to Extend and to Comprehensively Adopt Provisions to Address a Public Health Crisis and to Revise Certain Measures which are Necessary for the Immediate Preservation of the Public Health, Safety and Welfare of the City and are Necessary to Slow the Community Spread of Coronavirus (COVID-19) in the City of Brookings, South Dakota. Summary: Ordinance 21-001, which currently regulates bars, restaurants, salons, retail and requires face coverings for indoor businesses and indoor public spaces will expire April 10, 2021. Brookings County has transitioned community spread from moderate to substantial, hospitalization is low, cases are minimized, and only a portion of the triggers are met. Staff recommends consideration of Ordinance 21-013 as amended to expire April 30th. Background: On September 8, 2020 City Council approved an Ordinance mandating face coverings where social distancing is not achievable for indoor businesses and public places. The Council renewed the existing regulation that requires bars, restaurants, casinos, grocery, retail, and fitness businesses to operate at half capacity. Employees of certain businesses are required to wear face coverings at all times. Recommendation: Staff recommends Ordinance 21-013 as amended to expire April 30th. Attachments: Memo Ordinance 21-013 - clean 3/23/2021 Ordinance 21-013 - marked 3/23/2021 Hospital Dashboard Weekly COVID 19 Report Threshold Report - to be uploaded Monday, 3/22/2021 Ordinance 21-013 - clean 3/16/2021 Ordinance 21-013 - marked 3/16/2021 City of Brookings Printed on 3/18/2021Page 1 of 1 powered by Legistar™ City Council Memo From: Paul M. Briseno, City Manager Council Meeting: March 23, 2021 Subject: Ordinance 21-013: Renewal Occupancy Restrictions & Mask Mandate Person(s) Responsible: Paul Briseno, City Manager Summary: Ordinance 21-001, which currently regulates bars, restaurants, salons, retail and requires face coverings for indoor businesses and indoor public spaces will expire April 10, 2021. Brookings County has transitioned community spread from moderate to substantial, hospitalization is low, cases is minimized, and only a portion of the triggers is met. Staff recommends Ordinance 21-013 with appropriate City Council changes. Any substantial increases in cases by March 23rd should be considered in determining the appropriate ordinance for implementation. Background: On September 8, 2020 City Council approved an Ordinance mandating face coverings where social distancing is not achievable for indoor businesses and public places. The Council renewed the existing regulation that requires bars, restaurants, casinos, grocery, retail, and fitness businesses to operate at half capacity. Employees of certain businesses are required to wear face coverings at all times. Discussion: Brookings County is in substantial spread. The seven-day rolling percent positivity, according to the hospital's dashboard, is 6.8%. Brookings County was ranked sixth of cases per one-hundred thousand of the counties with the top ten most populous cities. More importantly, Brookings County has the lowest total deaths of the same comparison. Approximately 1,028 vaccinations were given at the February 25th event, and multiple mass vaccinations will occur in March and April. By early to mid-April, 1E is projected to be complete. Brookings County has achieved case counts similar to fall 2020. Ordinance 21-013 keeps the existing mask mandate, requires masks for employees of specific businesses. The Ordinance eliminates the occupancy regulation and further transitions many business requirements to recommendations. The First Reading of this Ordinance occurred on March 16, 2021. At that time Council amended the ordinance to expire April 30th. The Second Reading will be held on March 23, 2021. Legal Consideration: None. Financial Consideration: None. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Refer to a Study Session 4. Deny 5. Do nothing Staff recommends approving the ordinance as amended to expire April 30 th. Consideration should be given to the thresholds, vaccinations, and cases up to March 23rd. Supporting Documentation: Memo Ordinance 21-013 – clean 3/23/2021 Ordinance 21-013 – marked 3/23/2021 Hospital Dashboard Weekly COVID 19 Report Threshold Report – to be uploaded Monday, 3/22/2021 Ordinance 21-013 – clean 3/16/2021 Ordinance 21-013 – marked 3/16/2021 Ordinance 21-013 An Emergency Ordinance Amending Emergency Ordinance 21 -001 to Extend Certain Provisions to Address a Public Health Crisis and to Revise Certain Measures which are Necessary for the Immediate Preservation of the Public Health, Safety and Welfare of the City and are Necessary to Slow the Community Spread of Coronavirus (COVID-19) in the City of Brookings, South Dakota. I. Be It Ordained and Enacted by the Council of the City of Brookings, State of South Dakota, as follows: 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, COVID-19 has been confirmed in more than 100 countries, including the United States; and Whereas, COVID-19 is a continuing global pandemic. United States Supreme Court Chief Justice Roberts stated in a 2020 decision “people may be infected but asymptomatic, [and] they may unwittingly infect others”; and Whereas, the Centers for Disease Control and Prevention, the World Health Organization, medical and scientific associations and physicians continue to suggest individuals wear a face covering to slow the spread of COVID-19; and Whereas, Ordinance 21-001 and this ordinance are intended to continue necessary procedures to slow the rise of positive cases of COVID-19 and slow down the rate of infection, and therefore bears a real and substantial relationship to public health because the measures are recognized to be the best available procedures to slow the rate of transmission of COVID-19; and Whereas, the City of Brookings and many States and communities across the country continue to implement White House and CDC recommendations by restricting occupancy at bars, restaurants, food courts, gyms, and other indoor and outdoor venues where people congregate 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 threaten the capacity of the City's health care providers; and Whereas, it is important that control measures, including requiring face masks in indoor places, 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 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 21-001 to address the COVID-19 public emergency in the City of Brookings; and Whereas, based on the number of cases in Brookings County, the number of past hospitalizations in the City, and the available modeling, the City Council believes face covering restrictions should be continued given the continuing potential for community spread of COVID-19 cases in the City and State, and Whereas, this Emergency Ordinance is int ended to extend certain emergency measures and restrictions as previously set forth in Emergency Ordinance 21-001. Now Therefore, Be It Ordained by the City Council of Brookings as follows: 1. Any businesses identified in Ordinance 20-005 may reopen or remain open to serve patrons on-site pursuant to the conditions established in this ordinance. 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) Recommend a minimum six-foot distance between any tables. This provision does not need to be observed between members of the same household. b) In retail and grocery businesses, install a plexiglass, or similar divider where physically possible between the cashier and customer. c) Restaurant and bar (those businesses with an alcoholic beverage license) staff and employees must wear masks which cover the employee's nose and mouth. d) Staff and employees of hair salons, nail and tanning salons, spas and barber shops must wear masks which cover their nose and mouth during customer contact times. e) Businesses are encouraged to conduct daily employee screenings for illness. f) Businesses are encouraged to post signage outside of their facility that encourages customers to wear face coverings and to not enter if they are not feeling well or have COVID-19 symptoms. g) Businesses are encouraged to develop risk mitigation strategies for restrooms or other areas where social distancing requirements are likely to be compromised. h) Certain businesses (e.g. gym, recreation facilities, casinos, etc.) are encouraged to have customers wipe down their equipment / machines before and after use. However, businesses are recommended to ensure proper cleaning and disinfecting of equipment and surfaces potentially touched by customers and patrons. i) Masks are required at city-sanctioned events. Masks which cover a person's nose and mouth are required for all persons attending or working at events which require a City permit when a minimum of six-foot distance cannot be maintained or achieved. 3. The following individuals are exempt from wearing masks or other face coverings: a) Persons age five years or under; Children age two years and under in particular should not wear a face covering because of the risk of suffocation; b) Persons with a medical condition, mental health condition, or disability that prevents wearing a face covering. This includes persons with a medical condition for whom wearing a face covering could obstruct breathing or who are unconscious, incapacitated, or otherwise unable to remove a face covering without assistance; c) Persons who are deaf or hard of hearing, or when communicating with a person who is deaf or hard of hearing, where the ability to see the mouth is essential for communication; d) Persons for whom wearing a face covering would create a risk to the person related to their work, as determined by local, state, or federal regulations or workplace safety guidelines; e) Persons who are obtaining a service involving the nose or face for which temporary removal of the face covering is necessary to perform the service; f) Persons who are seated at a restaurant or other establishment that offers food or beverage service, while they are eating or drinking, provided they maintain a 6-foot distance between individuals (not including individuals who reside together or are seated together) with only infrequent or incidental moments of closer proximity; g) Athletes and participants who are engaged in an organized sports activity that allows athletes to maintain a 6-foot distance from others with only infrequent or incidental moments of closer proximity; h) Persons who are engaged in an activity that a professional or recreational association, public regulatory entity, medical association, or other public health oriented entity has determined cannot be safely conducted while wearing a mask or other face covering and where other protections and precautions are established and utilized; i) Persons attending educational institutions where the public and private schools through 12th grade, colleges, and universities have implemented protections to slow the spread of COVID-19; j) Persons engaged in church and activities within religious places of worship, including preschools, social halls and chapels within church facilities, which may implement their own protections. 4. In addition to the specific requirements listed above, businesses are encouraged to operate in a manner consistent with the most recent CDC guidelines and any applicable state regulations and the South Dakota Governor's Executive Orders. CDC guidelines continue to recommend use of face coverings where social distancing cannot be maintained. 5. 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. 6. Businesses can request 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 this ordinance or the CDC guidelines. 7. Any person, 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 6. above, shall be in violation of this Ordinance. 8. Pursuant to this ordinance, the City Council may by resolution modify the mandatory closures and enact revised restrictions, including restrictions of 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. 9. 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, and 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. f. Educational institutions where public and private schools through 12th grade, colleges, and universities have implemented protections to slow the spread of COVID-19. g. Places of worship. h. Any and all polling places, including absentee voting and Election Day polling places, as well as all locations for processing absentee ballots and counting ballots. All polling places for absentee and Election Day voting shall remain open at all times. 10. This ordinance shall remain in effect until 5:00 p.m. on April 30, 2021, 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 until April 30, 2021 by a resolution or ordinance of the City Council. 11. Enforcement - Violation of this Ordinance may result in a fine, and multiple violations may result in further enforcement procedures, including legal and equitable action to enforce this Ordinance for the safety of the public. 12. Until the Second Reading of this ordinance is completed, approved and published, Ordinance 21-001 shall set forth the applicable measures deemed necessary to slow the spread of Coronavirus in the City of Brookings. 13. Face Masks/Face Coverings Required. Within the City of Brookings, all persons except those under the age of five (5) and those with a medical condition, mental health condition, or disability that makes it unreasonable for the individual to maintain a face covering, must wear a face mask/face covering in indoor businesses and indoor public places where six (6) foot social distancing cannot be achieved or maintained. A "face covering" or "mask" must be worn to cover the nose and mouth completely, and can include a paper or disposable face mask, a cloth mask, a scarf, a bandanna, or neck gaiter. II. BE IT FURTHER ORDAINED that pursuant to SDCL 9-19-13, this ordinance is adopted to address a public health emergency and 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. First Reading: March 16, 2021 Second Reading: March 23, 2021 Published: CITY OF BROOKINGS Keith W. Corbett, Mayor ATTEST: Bonnie Foster, City Clerk Ordinance 21-001013 An Emergency Ordinance Amending Emergency Ordinance 20-029 21-001 to Extend Certainand to Comprehensively Adopt Provisions to Address a Public Health Crisis and to Revise Certain Measures which are Necessary for the Immediate Preservation of the Public Health, Safety and Welfare of the City and are Necessary to Slow the Community Spread of Coronavirus (COVID-19) in the City of Brookings, South Dakota. I. Be It Ordained and Enacted by the Council of the City of Brookings, State of South Dakota, as follows: 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 necessar y for the promotion of health or the suppression of diseases; and Whereas, COVID-19 has been confirmed in more than 100 countries, including the United States; and Whereas, COVID-19 is a continuing global pandemic. United States Supreme Court Chief Justice Roberts stated in a 2020 decision “people may be infected but asymptomatic, [and] they may unwittingly infect others”; and Whereas, the Centers for Disease Control and Prevention, the World Health Organization, medical and scientific associations and p hysicians continue to suggest individuals wear a face covering to slow the spread of COVID-19; and Whereas, Ordinance 20-029 21-001 and this ordinance are intended to continue necessary procedures to slow the rise of positive cases of COVID-19 and slow down the rate of infection, and therefore bears a real and substantial relationship to public health because the measures are recognized to be the best available procedures to slow the rate of transmission of COVID-19; and Whereas, the City of Brookings and many States and communities across the country continue to implement have already implemented White House and CDC recommendations by restricting occupancy at bars, restaurants, food courts, gyms, and other indoor and outdoor venues where people congregate until the public health emergency is over; and Whereas, the failure to successfully implement social distancing would likely resu lt in higher numbers of infected individuals and has the potential to threaten or overwhelm the capacity of the City's health care providers; and Whereas, it is important that control measures, including requiring face masks in indoor places, 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 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 20-029 21-001 to address the COVID-19 public emergency in the City of Brookings, and Whereas, based on the number of cases in Brookings County, the number of past hospitalizations in the City, and the available modeling, the City Council believes the occupancy, social distancing and face covering restrictions should be continued given the continuing potential for community spread of COVID-19 cases in the City and State, and Whereas, this Emergency Ordinance is intended to extend certain , in comprehensive form, the emergency measures and restrictions as previously set forth in Emergency Ordinance 20- 029.21-001. Now Therefore, Be It Ordained by the City Council of Brookings as follows: 1. Any businesses identified in Ordinance 20-005 may reopen or remain open to serve patrons on-site pursuant to the conditions established in this ordinance. 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 Recommend 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. a) All businesses shall collaborate with the City to identify their occupancy allowance and post it in a conspicuous location outside the building. b) Restaurants, bars, and casinos shall be limited to a maximum capacity of one-half (½) of their maximum posted capacity. Capacity must be posted at the front of the business. c) 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. d) Grocery stores, retail businesses, recreation and fitness businesses shall be limited to a maximum capacity of one-half (½) of their maximum posted capacity. Capacity must be posted at the front of the business. e) 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. f)b) In retail and grocery businesses, install a plexiglass, or similar divider where physically possible between the cashier and customer. g) Require employees to wash hands at regular intervals. h)c) Restaurant and bar (those businesses with an alcoholic beverage license) staff and employees must wear masks which cover the employee's nose and mouth. i) In casinos, video lottery machines must be cleaned and disinfected between each customer. j)d) Staff and employees of hair salons, nail and tanning salons, spas and barber shops must wear masks which cover their nose and mouth during customer contact times. Customer seating must be at least six (6) feet apart. k) In gyms and fitness facilities, any equipment and/or exercise mats must be cleaned or disinfected between each use. l) 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. m) Hand sanitizer locations readily available for public use should be made available at grocery stores and retail businesses. n) Enhanced cleaning/disinfecting requirements should be used for motel and hotel rooms. o) Seating for large gatherings shall be reduced to comply with a six- foot minimum distance between attendees. p)e) Businesses are encouraged to conduct daily employee screenings for illness. q)f) Businesses are encouraged to post signage outside of their facility that encourages customers to wear face coverings and to not enter if they are not feeling well or have COVID-19 symptoms. r)g) Businesses are encouraged to develop risk mitigation strategies for restrooms or other areas where social distancing requirements are likely to be compromised. s)h) Certain businesses (e.g. gym, recreation facilities, casinos, etc.) are encouraged to have customers wipe down their equipment/machines before and after use. However, businesses are recommended it will still be the responsibility of the business to ensure proper cleaning and disinfecting of equipment and surfaces potentially touched by customers and patrons is occurring. t) 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. i) Masks are required at city-sanctioned events. Masks which cover a person's nose and mouth are required for all persons attending or working at events which require a City permit when a minimum of six – foot distance cannot be maintained or achieved. u) Masks are required when obtaining services from the healthcare sector in settings, including but not limited to, a hospital, pharmacy, medical clinic, laboratory, physician or dental office, veterinary clinic, or blood bank, unless directed otherwise by an employee thereof or a health care provider. v) Masks are required while riding on public transportation or while in a taxi, private car service, or ride-sharing vehicle. 3. The following individuals are exempt from wearing masks or other face coverings: a) Persons age five years or under; Children age two years and under in particular should not wear a face covering because of the risk of suffocation; b) Persons with a medical condition, mental health condition, or disability that prevents wearing a face covering. This includes persons with a medical condition for whom wearing a face covering could obstruct breathing or who are unconscious, incapacitated, or otherwise unable to remove a face covering without assistance; c) Persons who are deaf or hard of hearing, or when communicating with a person who is deaf or hard of hearing, where the ab ility to see the mouth is essential for communication; d) Persons for whom wearing a face covering would create a risk to the person related to their work, as determined by local, state, or federal regulations or workplace safety guidelines; e) Persons who are obtaining a service involving the nose or face for which temporary removal of the face covering is necessary to perform the service; f) Persons who are seated at a restaurant or other establishment that offers food or beverage service, while they are eating or drinking, provided they maintain a 6-foot distance between individuals (not including individuals who reside together or are seated together) with only infrequent or incidental moments of closer proximity; g) Athletes and participants who are engaged in an organized sports activity that allows athletes to maintain a 6-foot distance from others with only infrequent or incidental moments of closer proximity; h) Persons who are engaged in an activity that a professional or recreational association, public regulatory entity, medical association, or other public health oriented entity has determined cannot be safely conducted while wearing a mask or other face covering and where other protections and precautions are established and utilized; i) Persons attending educational institutions where the public and private schools through 12th grade, colleges, and universities have implemented protections to slow the spread of COVID-19. j) Persons engaged in church and activities within religious places of worship, including preschools, social halls and chapels within church facilities, which may implement their own protections. 4. In addition to the specific requirements listed above, businesses shall are encouraged to operate in a manner consistent with the most recent CDC guidelines and any applicable state regulations and the South Dakota Governor's Executive Orders. CDC guidelines continue to recommend use of face coverings where social distancing cannot be maintained. 5. 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. 6. Businesses can request 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 this ordinance or the CDC guidelines. 7. Any person, 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 6. above, shall be in violation of this Ordinance. 8. Pursuant to this ordinance, the City Council may by resolution modify the mandatory closures and enact revised restrictions, including restrictions of 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. 9. 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, and 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. f. Educational institutions where public and private schools through 12th grade, colleges, and universities have implemented protections to slow the spread of COVID-19. g. Places of worship. h. Any and all polling places, including absentee voting and Election Day polling places, as well as all locations for processing absentee ballots and counting ballots. All polling places for absentee and Election Day voting shall remain open at all times. 10. This ordinance shall remain in effect for a period of sixty (60) days until 5:00 p.m. on April 30, 2021, 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 until April 30, 2021 within the sixty (60) day period covered by this ordinance by a resolution or ordinance of the City Council. 11. Enforcement - Violation of this OrdinanceResolution may result in a fine, and multiple violations may result in further enforcement procedures, including legal and equitable action to enforce this Ordinance for the safety of the public. 12. Until the Second Reading of this ordinance is completed, approved and published, Ordinance 20-029 21-001 shall set forth the applicable measures deemed necessary to slow the spread of Coronavirus in the City of Brookings. 13. Face Masks/Face Coverings Required. Within the City of Brookings, all persons except those under the age of five (5) and those with a medical condition, mental health condition, or disability that makes it unreasonable for the individual to maintain a face covering, must wear a face mask/face covering in indoor businesses and indoor public places where six (6) foot social distancing cannot be achieved or maintained. A "face covering" or "mask" must be worn to cover the nose and mouth completely, and can include a paper or disposable face mask, a cloth mask, a scarf, a bandanna, or neck gaiter. II. BE IT FURTHER ORDAINED that pursuant to SDCL 9-19-13, this ordinance is adopted to address a public health emergency and 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. First Reading: January 26__________________, 2021 Second Reading: February 9, 2021 __________________, 2021 Published: __________________, 2021 CITY OF BROOKINGS: Keith W. Corbett, Mayor ATTEST: Bonnie Foster, City Clerk Brookings Health System COVID-19 Dashboard Brookings County (Testing data compiled from BHS, Avera, Sanford & SDSU) 1766 1667 99 16-Mar-21 Total Tested 1766 Total (-)1667 Total (+)99 Monthly Cumulative Totals thru 3/16 5.6% 94.4% March Positivity Rates 99 1766 5.3 6.1 6.3 6.2 5.7 7.0 6.8 0.0 5.0 10.0 15.0 3/10 3/11 3/12 3/13 3/14 3/15 3/16 7 Day Rolling Percent Positivity 2 3 5 2 13 6 5 8 6 1 5 4 6 10 7 8 1 1 8 10 143 105 26 14 136 170 258 209 97 14 29 123 70 208 96 115 16 23 61 141 2/25 2/26 2/27 2/28 3/1 3/2 3/3 3/4 3/5 3/6 3/7 3/8 3/9 3/10 3/11 3/12 3/13 3/14 3/15 3/16 Total Positive vs. Total Tested Total (+)Total Tested Linear (Total (+))Linear (Total Tested) 14.81%9.42%6.31%7.61%6.14%3.92%4.40%3.89%6.96% 0% 10% 20% 30% 40% 0 200 400 600 800 1000 1/12 to 1/18 1/19 to 1/25 1/26 to 2/1 2/2 to 2/8 2/9 to 2/15 2/16 to 2/22 2/23 to 3/1 3/2 to 3/8 3/9 to 3/15 PERCENT POSITIVECOVID TESTSBrookings Weekly Testing Positive Total Tests % Positive COVID-19 Situation Brookings County 0 1,000 2,000 3,000 4,000 5,000 6,000 3/43/184/14/154/295/135/276/106/247/87/228/58/199/29/169/3010/1410/2811/1111/2512/912/231/61/202/32/173/33/173/314/144/285/125/266/96/237/77/218/48/189/19/159/2910/1310/2711/1011/2412/812/22Cumulative Cases2020-2021 Cumulative Number of Confirmed & Probable Cases by Week Brookings COVID-19 Situation https://doh.sd.gov/COVID/Dashboard.aspx March 17th •3,672 cases (2,969 confirmed) •80 active cases •133 ever hospitalized •37 deaths Brookings Hospital current census: •0 COVID beds occupied •0 COVID ICU beds occupied State residents only. Includes confirmed cases by PCR & probable cases by antigen testing. Total cases as of 3/17/21 = 3,672 0 50 100 150 200 250 300 3/43/184/14/154/295/135/276/106/247/87/228/58/199/29/169/3010/1410/2811/1111/2512/912/231/61/202/32/173/33/173/314/144/285/125/266/96/237/77/218/48/189/19/159/2910/1310/2711/1011/2412/812/22Number of New Cases per WeekCurrent Level of Community Spread^: substantial Substantial spread Moderate spread Brookings COVID-19 Situation 2020-2021 Number of Confirmed & Probable COVID-19 Cases per Week Substantial spread = 100+ new cases per week/100,000 population or 34 cases/week for Brookings County. Moderate spread = 10-100 cases per 100,000 (4-33 cases/week); Minimal spread = <10 cases/100,000 (<4 cases/week) For description of ordinances visit: https://cityofbrookings.org/699/Guidelines-Ordinance-Information https://doh.sd.gov/COVID/Dashboard.aspx 7/7/20: (Ord. 20-010) 3/23/20: many businesses closed (Ord. 20-005) 5/12/20: city reopened (Ord. 20-007) 9/8/20: (Ord. 20-019) Includes mask mandate 10/27/20: (Ord. 20-028) 12/15/20: (Ord. 20-029) Total cases as of 3/17/21 = 3,672 Cases for week ending 3/17/21 = 42 Cases for week ending 3/10/21 = 31 Brookings COVID-19 Situation 2021 Weekly Percentage of Positive Tests (PCR + Antigen) 0 10 20 30 40 50 0 200 400 600 800 1/11/151/292/122/263/123/264/94/235/75/216/46/187/27/167/308/138/279/109/2410/810/2211/511/1912/312/17Percent Positive TestsNumber of Positive Tests or People Tested/Week Number Positive cases/week Weekly total of people tested 7-day average of % positive tests^ ^ Calculated as sum of 7-days of previous positive cases/sum of 7-days of total tests completed*100. Duplicate tests on same individual not included. Used total cases and total persons tested on DOH website (includes sentinel & surveillance samples). The rate of positivity provides insight into whether enough testing is being conducted. If positivity is high, it suggests that the sickest are being tested and milder or asymptomatic cases may be missed. The WHO has said that in countries that have extensive testing for COVID-19, percent positive should remain at 5% or lower for at least 14 days (dashed yellow line). Last 7-days: % positive tests among people tested = 23% % positive tests among total tests done = 4% % positive PCR tests (DOH dashboard) = 8% https://doh.sd.gov/COVID/Dashboard.aspx https://coronavirus.jhu.edu/testing 0% 20% 40% 60% 80% 100%9/149/2410/210/1410/2110/2911/411/1111/2312/212/912/2212/311/71/131/201/272/32/102/172/243/33/103/170-9 10-19 20-29 30-39 40-49 50-59 60-69 70+ Brookings COVID-19 Situation Age Distribution of Brookings County Cases Who Have Tested Positive Over Time Data Source: South Dakota Department of Health % Increase 3/10 -3/17 0% (70+ y, n=0) <1% (60-69y, n=1) 1% (50-59y, n=5) 1% (40-49y, n=4) 3% (30-39y, n=12) 1% (20-29y, n=13) 1% (10-19y, n=5) 2% (0-9 y, n=2) Total = 42 2.8 8.6 14.1 11.2 12.9 11.3 7.6 10.5 10.3 0 4 8 12 16 20 0-9 10-19 20-29 30-39 40-49 50-59 60-69 70-79 80+PercentAge Group 14-Sep 2-Oct 4-Nov 2-Dec 7-Jan 3-Feb 3-Mar Brookings COVID-19 Situation Cumulative Percent of Population within Each Age Group Testing Positive in Brookings County by Month Overall, 10.3% of Brookings County residents have tested positive as of March 3rd. Case data as close to the first of the month as possible was used. Population estimates from 2019 Census estimates. Updated monthly. How to read: As of March 3rd, 7.6% of individuals aged 60-69 years who reside in Brookings County have tested positive for COVID-19. Data Source: South Dakota Department of Health Brookings COVID-19 Situation 0 3 6 9 12 15 8/58/128/198/269/29/99/169/239/3010/710/1410/2110/2811/411/1111/1811/2512/212/912/1612/2312/301/61/131/201/272/32/102/172/243/33/103/173/243/314/74/144/214/285/55/125/195/266/26/96/166/236/307/77/147/217/288/48/118/188/259/19/89/159/229/2910/610/1310/2010/2711/311/1011/1711/2412/112/812/1512/2212/29Number Hospitalized per Week2020-2021 Number of New Hospitalizations per Week Includes only Brookings County residents. Began collecting data on 8/5/2020 (4 hospitalizations prior to 8/5 are not shown). https://doh.sd.gov/COVID/Dashboard.aspx Data after 3/10/21 are incomplete Total hospitalizations = 133 Hospital admissions for week ending 3/17/21 = 5 Hospital admissions for week ending 3/10/21 = 1 Total deaths = 37 Deaths for week ending 3/17/21 = 0 Deaths for week ending 3/10/21 = 0 Brookings COVID-19 Situation 0 10 20 30 40 50 1/11/151/292/122/263/123/264/94/235/75/216/46/187/27/167/308/138/279/109/2410/810/2211/511/1912/312/17Percent2021 Percent of Brookings County & South Dakota Vaccinated per Week^ % Brookings County 1+ doses % South Dakota 1+ doses % Brookings fully vaccinated % SoDak fully vaccinated These data reflect vaccine coverage and do not reflect the percentage of the currently eligible population that has been vaccinated. https://doh.sd.gov/COVID/Dashboard.aspx ^Based on 2019 Census population estimate for residents aged 16+ years in Brookings County of 29.587 & for SD of 689,981. Does not include vaccinations via IHS and VA. % Receiving at Least One Dose: South Dakota = 29.3% Brookings County = 24.6% % Fully Vaccinated: South Dakota = 17.0% Brookings County = 11.1% Counties with Top 10 Most Populous Cities 0 10 20 30 40 50 1/11/151/292/122/263/123/264/94/235/75/216/46/187/27/167/308/138/279/109/2410/810/2211/511/1912/312/17Percent2021 Percent of Population Receiving at Least One Vaccine^ Beadle Co Brookings Co Brown Co Codington Co Davison Co Hughes Co Lawrence Co Minnehaha Co Pennington Co Yankton Co Health system responsible for distributing vaccines: Green –Northern Plains Health Network White –Sanford & Avera Red –Monument Health Light blue –Avera These data reflect vaccine coverage and do not reflect the percentage of the currently eligible population that has been vaccinated. https://doh.sd.gov/COVID/Dashboard.aspx Hughes = 34.5% (4,719 / 13,693) South Dakota = 29.3% Brookings = 24.6% (7,034 / 28,576) ^ Based on 2019 Census population estimates for residents aged 16+ years. Does not include vaccinations via IHS and VA. Counties with Top 10 Most Populous Cities 0 3,000 6,000 9,000 12,000 15,000 18,000 4/14/225/136/36/247/158/58/269/1610/710/2811/1812/912/301/202/103/33/244/145/55/266/167/77/288/189/89/2910/2011/1012/112/22Total CasesCumulative Cases per 100,000 Population by Week Beadle Co Brookings Co Brown Co Codington Co Davison Co Hughes Co Lawrence Co Minnehaha Co Pennington Co Yankton Co City Actions Within Counties:* Beadle –resolution on mask usage (11/16 Huron & 12/8 for county property) Brookings –ordinances for restricted capacity (5/12) & mask mandate (9/8) Watertown –resolution on mask usage (12/7) Minnehaha –non-enforceable ordinance on mask mandate (11/17) Mitchell –emergency order mask mandate (11/17), ordinance (11/23) Yankton –non-enforceable ordinance on mask mandate (12/9) https://doh.sd.gov/COVID/Dashboard.aspx Counties with Top 10 Most Populous Cities 0 500 1,000 1,500 2,000 2,500 5/206/36/177/17/157/298/128/269/99/2310/710/2111/411/1812/212/1612/301/131/272/102/243/103/244/74/215/55/196/26/166/307/147/288/118/259/89/2210/610/2011/311/1712/112/1512/29New Cases per WeekNew Cases per Week per 100,000 Population Beadle Co Brookings Co Brown Co Codington Co Davison Co Hughes Co Lawrence Co Minnehaha Co Pennington Co Yankton Co Data from https://doh.sd.gov/COVID/Dashboard.aspx Spread based on new cases/week: substantial = 100+/100K population. 2019 Census county population estimates used. Substantial spread See next slide for close-up of recent data Counties with Top 10 Most Populous Cities 0 100 200 300 400 500 12/301/61/131/201/272/32/102/172/243/33/103/173/243/314/74/144/214/28New Cases per WeekNew Cases (Recent) per Week per 100,000 Population Beadle Co Brookings Co Brown Co Codington Co Davison Co Hughes Co Lawrence Co Minnehaha Co Pennington Co Yankton Co Data from https://doh.sd.gov/COVID/Dashboard.aspx Spread based on new cases/week: substantial = 100+/100K population. Moderate spread = 10-100 cases per 100,000; Minimal spread = <10 cases/100,000. 2019 Census county population estimates used. Substantial spread Moderate spread Brookings County Mobility Data via Google -75 -25 25 75 2/15/202/29/203/14/203/28/204/11/204/25/205/9/205/23/206/6/206/20/207/4/207/18/208/1/208/15/208/29/209/12/209/26/2010/10/2010/24/2011/7/2011/21/2012/5/2012/19/201/2/211/16/211/30/212/13/212/27/213/13/21Percent Change in Mobility Retail & Recreation Grocery & Pharmacy Transit Stations (gas stations, rest areas, etc.)Workplaces Residential Average Non-Residential Baseline: normal value for day of week (1/3-2/6/20) Residential shows a change in duration, other categories are change in total visitors. Parks not shown. Data from Google COVID-19 Community Mobility Reports: https://www.google.com/covid19/mobility/ COVID-19 Situation South Dakota 0 20,000 40,000 60,000 80,000 100,000 120,000 140,000 160,000 3/43/184/14/154/295/135/276/106/247/87/228/58/199/29/169/3010/1410/2811/1111/2512/912/231/61/202/32/173/33/173/314/144/285/125/266/96/237/77/218/48/189/19/159/2910/1310/2711/1011/2412/812/22Cumulative Cases2020-21 Cumulative Number of Confirmed & Probable Cases by Week South Dakota COVID-19 Situation State residents only. Includes confirmed cases by PCR & probable cases by antigen testing. Total number of SD cases of influenza over the last decade (2010-20): N = 37,350 https://doh.sd.gov/COVID/Dashboard.aspx March 17th •114,966 positives (101.745 confirmed) •2,107 active cases •6,820 ever hospitalized •68 currently hospitalized (10 in ICU) •1,915 deaths Cases as of 3/17/21 = 114,966 South Dakota COVID-19 Situation 0 1,000 2,000 3,000 4,000 5,000 6,000 7,000 8,000 9,000 10,000 3/43/184/14/154/295/135/276/106/247/87/228/58/199/29/169/3010/1410/2811/1111/2512/912/231/61/202/32/173/33/173/314/144/285/125/266/96/237/77/218/48/189/19/159/2910/1310/2711/1011/2412/812/22Number of New Cases per Week2020-2021 Confirmed & Probable Cases per Week Substantial spread = 100+ new cases per week/100,000 population or 864+ cases/week for South Dakota. Moderate spread = 10-100 cases per 100,000; Minimal spread = <10 cases/100,000. https://doh.sd.gov/COVID/Dashboard.aspx Substantial spread Cases as of 3/17/21 = 114,966 Cases for week ending 3/17/21 = 1,004 Cases for week ending 3/10/21 = 1,129 South Dakota COVID-19 Situation Age Distribution 0 5 10 15 20 25 30 0 500 1,000 1,500 2,000 2,500 3,000 1/11/151/292/122/263/123/264/94/235/75/216/46/187/27/167/308/138/279/109/2410/810/2211/511/1912/312/17Number of New Cases per Week2021 Number of Confirmed & Probable Cases by Age per Week < 60 Years (80% SD ) 60+ Years (20% SD) Percent 60+ Years https://doh.sd.gov/COVID/Dashboard.aspxPercent 60+Percentage of cases aged 60+ years for week ending 3/17/21 = 16.0% South Dakota COVID-19 Situation 0 20,000 40,000 60,000 80,000 100,000 120,000 3/184/14/154/295/135/276/106/247/87/228/58/199/29/169/3010/1410/2811/1111/2512/912/231/61/202/32/173/33/173/314/144/285/125/266/96/237/77/218/48/189/19/159/2910/1310/2711/1011/2412/812/22Number2020-2021 Number of Active & Recovered Cases ^ Recovered Cases Active Cases ^Recorded every Wednesday. Includes only state residents. https://doh.sd.gov/COVID/Dashboard.aspx South Dakota COVID-19 Situation 2021 Percentage of Positive Tests (PCR + Antigen) 0 10 20 30 40 50 0 2,000 4,000 6,000 8,000 10,000 1/11/151/292/122/263/123/264/94/235/75/216/46/187/27/167/308/138/279/109/2410/810/2211/511/1912/312/17Percent Positive TestsNumber of Positive Tests or People Tested/Week Number Positive Cases/week Total unique people tested/week 7-day average of % positive tests^ ^ Calculated as sum of 7-days of previous positive cases/sum of 7-days of total tests completed*100. Duplicate tests on same individual not included. Used total cases and total persons tested on DOH website (includes sentinel & surveillance samples). The rate of positivity provides insight into whether enough testing is being conducted. If positivity is high, it suggests that the sickest are being tested and milder or asymptomatic cases may be missed. The WHO has said that in countries that have extensive testing for COVID-19, percent positive should remain at 5% or lower for at least 14 days. Over the last 7-days: % positive tests among people tested = 24% % positive tests among total tests done = 5% % positive PCR tests on DOH dashboard = 8% https://doh.sd.gov/COVID/Dashboard.aspx https://coronavirus.jhu.edu/testing South Dakota COVID-19 Situation 0 1,000 2,000 3,000 4,000 5,000 6,000 7,000 8,000 3/43/184/14/154/295/135/276/106/247/87/228/58/199/29/169/3010/1410/2811/1111/2512/912/231/61/202/32/173/33/173/314/144/285/125/266/96/237/77/218/48/189/19/159/2910/1310/2711/1011/2412/812/222021 Cumulative Number of Hospitalizations by Week Includes only state residents. 10 Years of SD hospitalizations due to influenza (2010-2020) Total N = 5,038 https://doh.sd.gov/COVID/Dashboard.aspx Data after 3/10/21 are incomplete Total hospital admissions as of 3/17/21 = 6,820 South Dakota COVID-19 Situation 0 100 200 300 400 500 600 0 100 200 300 400 500 600 3/43/184/14/154/295/135/276/106/247/87/228/58/199/29/169/3010/1410/2811/1111/2512/912/231/61/202/32/173/33/173/314/144/285/125/266/96/237/77/218/48/189/19/159/2910/1310/2711/1011/2412/812/22Number Currently HospitalizedNumber of New Admissions or in ICU2020-2021 Weekly Hospitalization Data New Admissions/week Number in ICU Currently Hospitalized in SD Currently hospitalized includes state and out-of-state residents and transfers in from other states, but not residents transferred out-of-state. New admissions include only state residents; does not include patients on home health care. Number in ICU and currently hospitalized recorded on Wednesdays. https://doh.sd.gov/COVID/Dashboard.aspx Data after 3/10/21 are incomplete Currently hospitalized = 68 (10 in ICU) Total hospital admissions as of 3/17/21 = 6,820 Hospital admissions for week ending 3/17/21 = 84 Hospital admissions for week ending 3/10/21 = 82 South Dakota COVID-19 Situation 0 500 1,000 1,500 2,000 2,500 3/43/184/14/154/295/135/276/106/247/87/228/58/199/29/169/3010/1410/2811/1111/2512/912/231/61/202/32/173/33/173/314/144/285/125/266/96/237/77/218/48/189/19/159/2910/1310/2711/1011/2412/812/222021 Cumulative Number of Deaths by Week Deaths among people with COVID Deaths caused by COVID Dept of Health does not report deaths until a certified death record is filed. By law, a death record must be filed within 5 days of the date of death. Deaths caused by COVID based on death certificates where COVID is cause of death or contributing cause. Deaths among people with COVID include death certificates stating COVID as well as data from national surveillance system that identifies COVID cases and deaths within 20 days of infection that do not include COVID on death certificate. See DOH dashboard, death tab for detailed definitions. Total SD deaths from influenza over a decade (2010-2020): N = 344 https://doh.sd.gov/COVID/Dashboard.aspx Last date of death reported on dashboard occurred on 3/9/21 Total deaths as of 3/17/21 = 1,915 South Dakota COVID-19 Situation 0 50 100 150 200 3/43/184/14/154/295/135/276/106/247/87/228/58/199/29/169/3010/1410/2811/1111/2512/912/231/61/202/32/173/33/173/314/144/285/125/266/96/237/77/218/48/189/19/159/2910/1310/2711/1011/2412/812/22Number of Deaths per Week2020-21 Number of Deaths per Week among People with COVID-19 https://doh.sd.gov/COVID/Dashboard.aspx Last date of death reported on dashboard occurred on 3/9/21 See DOH dashboard, death tab for detailed definitions. Total deaths as of 3/17/21 = 1,915 Deaths for week ending 3/17/21 = 11 Deaths for week ending 3/10/21 = 11 0.6 11.3 16.6 20.9 25.0 46.5 69.9 72.7 0 20 40 60 80 100 <20 20-29 30-39 40-49 50-59 60-69 70-79 80+PercentAge Group How to read: 46.5% of individuals aged 60-69 years have been vaccinated. South Dakota COVID-19 Situation Percent of Population Receiving at Least One Vaccine by Age as of March 17, 2021 Overall, 31% of South Dakotans aged 20+ years have been immunized. Includes data from Veterans Affairs and Indian Health Services. https://doh.sd.gov/COVID/Dashboard.aspx 7.4 17.4 16.6 17.2 15.1 11.9 11.3 13.5 6.4 14.3 11.6 13.1 11.6 7.7 10.5 10.3 0 5 10 15 20 25 <20 20-29 30-39 40-49 50-59 60-69 70-79 80+PercentAge Group South Dakota Brookings Co. How to read: 11.9% of South Dakotans aged 60-69 years have tested positive for COVID-19 compared to 7.7% of Brookings County residents aged 60-69 years. South Dakota COVID-19 Situation Percent of South Dakota & Brookings Population Ever Testing Positive by Age as of March 17, 2021 2019 SD Pop (US Census) https://doh.sd.gov/COVID/Dashboard.aspx Brookings data from SD Department of Health Overall, the percent of population testing positive is: 13.0% for South Dakota 10.5% for Brookings County 1.0 1.9 2.6 3.5 5.8 10.2 20.8 28.2 0 5 10 15 20 25 30 <20 20-29 30-39 40-49 50-59 60-69 70-79 80+PercentAge Group How to read: 10.2% of individuals aged 60-69 years who were diagnosed with COVID-19 were hospitalized. South Dakota COVID-19 Situation Percent of Cases Ever Hospitalized by Age as of March 17, 2021 Overall, 5.9% of South Dakotans who tested positive have been hospitalized. Calculated as (ever hospitalized/tested positive)*100 using South Dakota data. https://doh.sd.gov/COVID/Dashboard.aspx 0.03 0.10 0.23 0.72 2.0 6.3 20.5 0.01 0.06 0.14 0.5 1.8 5.9 20.2 0 10 20 30 20-29 30-39 40-49 50-59 60-69 70-79 80+PercentAge Group South Dakota Minnesota (11/16/20) How to read: 2.0% of South Dakotans aged 60- 69 years who were diagnosed with COVID-19 died. South Dakota COVID-19 Situation Case Fatality Rates by Age South Dakota updated on March 17, 2021 Overall case fatality rate for South Dakota is 1.7%. Case fatality rate calculated as COVID deaths/(COVID deaths + recovered)*100 (https://doh.sd.gov/COVID/Dashboard.aspx) Minnesota data: CFR = (deaths/cases)*100 (https://www.health.state.mn.us/diseases/coronavirus/stats/covidweekly46.pdf) Data not given for ages <19 years. South Dakota School Situation 32 9965 10147 28 3576 3642 22 3173 3203 586 598 0 3,000 6,000 9,000 12,000 15,000 8/158/228/299/59/129/199/2610/310/1010/1710/2410/3111/711/1411/2111/2812/512/1212/1912/261/21/91/161/231/302/62/132/202/273/63/133/203/274/34/104/174/245/15/8NumberWeek Ending Cumulative Number of COVID-19 Cases by Week K-12 Students K-12 Staff Higher Ed Students Higher Ed Staff https://doh.sd.gov/documents/COVID19/School-College_COVID_cases.pdf Yellow lines = K -12 Blue lines = higher education Pink marker = students Red marker = staff K-12 Students K-12 Staff Higher Ed Students Higher Ed Staff Probable cases added retroactively on 2/22/21. South Dakota Deaths 0 25 50 75 100 125 150 175 JanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecemberNumber of Deaths per 100,000 PopulationDeaths per 100,000 Population by Month with Average and Lowest and Highest Rates from 1960 to 2019 Average (1960-2019)Lowest (1960-2019)Highest (1960-2019)2020 (provisional)2021 (provisional) https://doh.sd.gov/statistics/ https://doh.sd.gov/documents/statistics/Mortality-Report-2020-2021.pdf 2020 & 2021 deaths are provisional. Data as of 3/9/21 South Dakota Deaths 0 300 600 900 1,200 1,500 JanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecemberNumber of DeathsNumber of Deaths by Year and Month 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 (prov.)2021 (prov.) 2020 Total deaths (provisional) = 9,856 Average number of deaths/year (2010-2019) = 7,602 Difference between observed & average = 2,254 COVID deaths in 2019 per DOH dashboard = 1,488 https://doh.sd.gov/statistics/ https://doh.sd.gov/documents/statistics/Mortality-Report-2020-2021.pdf 2020 & 2021 deaths are provisional. Data as of 3/9/21 South Dakota Deaths 0 400 800 1,200 1,600 2,000 20102011201220132014201520162017201820192020Number of DeathsNumber of Deaths by Cause and Year (numbers in parentheses are Jan 2021 deaths) Heart Disease (163)Cancer (163) COVID-19 (148)Unintentional Injuries (43) Alzheimer's disease (37)Cerebrovascular diseases (36) Chronic lower respiratory diseases (28)Diabetes (24) Chronic Liver Disease & Cirrhosis (25)Suicide (20) Influenza & Pneumonia All Other Causes (191) Cause not yet determined (20) https://doh.sd.gov/documents/statistics/Mortality-Report-2020.pdf 2020 & 2021 deaths are provisional. Data as of 3/9/21 All Other Causes Heart Disease Cancer COVID-19 South Dakota Mobility Data via Google -75 -25 25 75 2/15/202/29/203/14/203/28/204/11/204/25/205/9/205/23/206/6/206/20/207/4/207/18/208/1/208/15/208/29/209/12/209/26/2010/10/2010/24/2011/7/2011/21/2012/5/2012/19/201/2/211/16/211/30/212/13/212/27/213/13/21Percent Change in Mobility Retail & Recreation Grocery & Pharmacy Transit Stations (gas stations, rest areas, etc.)Workplaces Residential Average Non-Residential Baseline: normal value for day of week (1/3-2/6/20) Residential shows a change in duration, other categories are change in total visitors. Parks not shown. Data from Google COVID-19 Community Mobility Reports:https://www.google.com/covid19/mobility/ COVID-19 Situation U.S. U.S. COVID-19 Situation 0 5,000,000 10,000,000 15,000,000 20,000,000 25,000,000 30,000,000 35,000,000 40,000,000 3/43/184/14/154/295/135/276/106/247/87/228/58/199/29/169/3010/1410/2811/1111/2512/912/231/61/202/32/173/33/173/314/144/285/125/266/96/237/77/218/48/189/19/159/2910/1310/2711/1011/2412/812/22Number Cumulative Number of Confirmed Cases by Week WorldoMeter Cases-CDC https://www.worldometers.info/coronavirus/#countries https://www.cdc.gov/coronavirus/2019-ncov/cases-in-us.html Cases as of 3/17/21= 30,231,550 Numbers cited are from WorldoMeter U.S. COVID-19 Situation 0 500,000 1,000,000 1,500,000 2,000,000 3/43/184/14/154/295/135/276/106/247/87/228/58/199/29/169/3010/1410/2811/1111/2512/912/231/61/202/32/173/33/173/314/144/285/125/266/96/237/77/218/48/189/19/159/2910/1310/2711/1011/2412/812/22Number per WeekNumber of Newly Diagnosed Cases per Week https://www.worldometers.info/coronavirus/#countries Cases as of 3/17/21= 30,231,550 Cases for week ending 3/17/21 = 430,044 Cases for week ending 3/10/21 = 430,801 0 100,000 200,000 300,000 400,000 500,000 600,000 3/43/184/14/154/295/135/276/106/247/87/228/58/199/29/169/3010/1410/2811/1111/2512/912/231/61/202/32/173/33/173/314/144/285/125/266/96/237/77/218/48/189/19/159/2910/1310/2711/1011/2412/8NumberCumulative Number of Deaths from COVID-19 by Week WorldoMeter CDC Total deaths as of 3/17/21 = 549,367 U.S. COVID-19 Situation https://www.worldometers.info/coronavirus/#countries https://www.cdc.gov/coronavirus/2019-ncov/cases-in-us.html US deaths in WW II N = 405,399 US deaths in WW I N = 116,516 Numbers cited are from WorldoMeter 0 5,000 10,000 15,000 20,000 25,000 3/43/184/14/154/295/135/276/106/247/87/228/58/199/29/169/3010/1410/2811/1111/2512/912/231/61/202/32/173/33/173/314/144/285/125/266/96/237/77/218/48/189/19/159/2910/1310/2711/1011/2412/812/22Number per WeekNumber of Deaths per Week from COVID-19 Total deaths as of 3/17/21 = 549,367 Deaths for week ending 3/17/21 = 8,793 Deaths for week ending 3/10/21 = 11,360 U.S. COVID-19 Situation https://www.worldometers.info/coronavirus/#countriesNumbers cited are from WorldoMeter COVID-19 Situation World World COVID -19 Situation 0 30,000,000 60,000,000 90,000,000 120,000,000 150,000,000 3/113/254/84/225/65/206/36/177/17/157/298/128/269/99/2310/710/2111/411/1812/212/1612/301/131/272/102/243/103/244/74/215/55/196/26/166/307/147/288/118/259/89/2210/610/2011/311/1712/1NumberCumulative Number of Confirmed Cases WHO WorldoMeter https://www.who.int/emergencies/diseases/novel-coronavirus-2019/situation-reports https://www.worldometers.info/coronavirus/ Cases as of 3/17/21 = 121,267,897 Numbers cited are from WorldoMeter World COVID -19 Situation 0 1,000,000 2,000,000 3,000,000 4,000,000 5,000,000 6,000,000 7,000,000 3/43/254/155/65/276/177/87/298/199/99/3010/2111/1112/212/231/132/32/243/174/74/285/196/96/307/218/119/19/2210/1311/311/2412/15Number per WeekNumber of Newly Confirmed Cases per Week https://www.worldometers.info/coronavirus/ Cases as of 3/17/21 = 121,267,897 Cases for week ending 3/17/21 = 3,115,021 Cases for week ending 3/10/21 = 2,864,474 Numbers cited are from WorldoMeter World COVID -19 Situation 0 500,000 1,000,000 1,500,000 2,000,000 2,500,000 3,000,000 3/43/184/14/154/295/135/276/106/247/87/228/58/199/29/169/3010/1410/2811/1111/2512/912/231/61/202/32/173/33/173/314/144/285/125/266/96/237/77/218/48/189/19/159/2910/1310/2711/1011/2412/812/22NumberCumulative Number of Deaths from COVID-19 WHO WorldoMeter https://www.who.int/emergencies/diseases/novel-coronavirus-2019/situation-reports https://www.worldometers.info/coronavirus/ Deaths as of 3/17/21 = 2,682,084 Numbers cited are from WorldoMeter World COVID -19 Situation 0 20,000 40,000 60,000 80,000 100,000 120,000 3/43/184/14/154/295/135/276/106/247/87/228/58/199/29/169/3010/1410/2811/1111/2512/912/231/61/202/32/173/33/173/314/144/285/125/266/96/237/77/218/48/189/19/159/2910/1310/2711/1011/2412/812/22Number per WeekNumber of Deaths from COVID per Week https://www.worldometers.info/coronavirus/ Deaths as of 3/17/21 = 2,682,084 Deaths for week ending 3/17/21 = 60,775 Deaths for week ending 3/10/21 = 61,686 Numbers cited are from WorldoMeter Ordinance 21-013 An Emergency Ordinance Amending Emergency Ordinance 21 -001 to Extend Certain Provisions to Address a Public Health Crisis and to Revise Certain Measures which are Necessary for the Immediate Preservation of the Public Health, Safety and Welfare of the City and are Necessary to Slow the Community Spread of Coronavirus (COVID-19) in the City of Brookings, South Dakota. I. Be It Ordained and Enacted by the Council of the City of Brookings, State of South Dakota, as follows: 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, COVID-19 has been confirmed in more than 100 countries, including the United States; and Whereas, COVID-19 is a continuing global pandemic. United States Supreme Court Chief Justice Roberts stated in a 2020 decision “people may be infected but asymptomatic, [and] they may unwittingly infect others”; and Whereas, the Centers for Disease Control and Prevention, the World Health Organization, medical and scientific associations and physicians continue to suggest individuals wear a face covering to slow the spread of COVID-19; and Whereas, Ordinance 21-001 and this ordinance are intended to continue necessary procedures to slow the rise of positive cases of COVID-19 and slow down the rate of infection, and therefore bears a real and substantial relationship to public health because the measures are recognized to be the best available procedures to slow the rate of transmission of COVID-19; and Whereas, the City of Brookings and many States and communities across the country continue to implement White House and CDC recommendations by restricting occupancy at bars, restaurants, food courts, gyms, and other indoor and outdoor venues where people congregate 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 threaten the capacity of the City's health care providers; and Whereas, it is important that control measures, including requiring face masks in indoor places, 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 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 21-001 to address the COVID-19 public emergency in the City of Brookings, and Whereas, based on the number of cases in Brookings County, the number of past hospitalizations in the City, and the available modeling, the City Council believes face covering restrictions should be continued given the continuing potential for community spread of COVID-19 cases in the City and State, and Whereas, this Emergency Ordinance is int ended to extend certain emergency measures and restrictions as previously set forth in Emergency Ordinance 21-001. Now Therefore, Be It Ordained by the City Council of Brookings as follows: 1. Any businesses identified in Ordinance 20-005 may reopen or remain open to serve patrons on-site pursuant to the conditions established in this ordinance. 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) Recommend a minimum six-foot distance between any tables. This provision does not need to be observed between members of the same household. b) In retail and grocery businesses, install a plexiglass, or similar divider where physically possible between the cashier and customer. c) Restaurant and bar (those businesses with an alcoholic beverage license) staff and employees must wear masks which cover the employee's nose and mouth. d) Staff and employees of hair salons, nail and tanning salons, spas and barber shops must wear masks which cover their nose and mouth during customer contact times e) Businesses are encouraged to conduct daily employee screenings for illness. f) Businesses are encouraged to post signage outside of their facility that encourages customers to wear face coverings and to not enter if they are not feeling well or have COVID-19 symptoms. g) Businesses are encouraged to develop risk mitigation strategies for restrooms or other areas where social distancing requirements are likely to be compromised. h) Certain businesses (e.g. gym, recreation facilities, casinos, etc.) are encouraged to have customers wipe down their equipment / machines before and after use. However, businesses are recommended to ensure proper cleaning and disinfecting of equipment and surfaces potentially touched by customers and patrons. i) Masks are required at city-sanctioned events. Masks which cover a person's nose and mouth are required for all persons attending or working at events which require a City permit when a minimum of six-foot distance cannot be maintained or achieved. 3. The following individuals are exempt from wearing masks or other face coverings: a) Persons age five years or under; Children age two years and under in particular should not wear a face covering because of the risk of suffocation; b) Persons with a medical condition, mental health condition, or disability that prevents wearing a face covering. This includes persons with a medical condition for whom wearing a face covering could obstruct breathing or who are unconscious, incapacitated, or otherwise unable to remove a face covering without assistance; c) Persons who are deaf or hard of hearing, or when communicating with a person who is deaf or hard of hearing, where the ability to see the mouth is essential for communication; d) Persons for whom wearing a face covering would create a risk to the person related to their work, as determined by local, state, or federal regulations or workplace safety guidelines; e) Persons who are obtaining a service involving the nose or face for which temporary removal of the face covering is necessary to perform the service; f) Persons who are seated at a restaurant or other establishment that offers food or beverage service, while they are eating or drinking, provided they maintain a 6-foot distance between individuals (not including individuals who reside together or are seated together) with only infrequent or incidental moments of closer proximity; g) Athletes and participants who are engaged in an organized sports activity that allows athletes to maintain a 6-foot distance from others with only infrequent or incidental moments of closer proximity; h) Persons who are engaged in an activity that a professional or recreational association, public regulatory entity, medical association, or other public health oriented entity has determined cannot be safely conducted while wearing a mask or other face covering and where other protections and precautions are established and utilized; i) Persons attending educational institutions where the public and private schools through 12th grade, colleges, and universities have implemented protections to slow the spread of COVID-19. j) Persons engaged in church and activities within religious places of worship, including preschools, social halls and chapels within church facilities, which may implement their own protections. 4. In addition to the specific requirements listed above, businesses are encouraged to operate in a manner consistent with the most recent CDC guidelines and any applicable state regulations and the South Dakota Governor's Executive Orders. CDC guidelines continue to recommend use of face coverings where social distancing cannot be maintained. 5. 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. 6. Businesses can request 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 this ordinance or the CDC guidelines. 7. Any person, 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 6. above, shall be in violation of this Ordinance. 8. Pursuant to this ordinance, the City Council may by resolution modify the mandatory closures and enact revised restrictions, including restrictions of 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. 9. 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, and 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. f. Educational institutions where public and private schools through 12th grade, colleges, and universities have implemented protections to slow the spread of COVID-19. g. Places of worship. h. Any and all polling places, including absentee voting and Election Day polling places, as well as all locations for processing absentee ballots and counting ballots. All polling places for absentee and Election Day voting shall remain open at all times. 10. 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. 11. Enforcement - Violation of this Ordinance may result in a fine, and multiple violations may result in further enforcement procedures, including legal and equitable action to enforce this Ordinance for the safety of the public. 12. Until the Second Reading of this ordinance is completed, approved and published, Ordinance 21-001 shall set forth the applicable measures deemed necessary to slow the spread of Coronavirus in the City of Brookings. 13. Face Masks/Face Coverings Required. Within the City of Brookings, all persons except those under the age of five (5) and those with a medical condition, mental health condition, or disability that makes it unreasonable for the individual to maintain a face covering, must wear a face mask/face covering in indoor businesses and indoor public places where six (6) foot social distancing cannot be achieved or maintained. A "face covering" or "mask" must be worn to cover the nose and mouth completely, and can include a paper or disposable face mask, a cloth mask, a scarf, a bandanna, or neck gaiter. II. BE IT FURTHER ORDAINED that pursuant to SDCL 9-19-13, this ordinance is adopted to address a public health emergency and 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. First Reading: March 16, 2021 Second Reading: March 23, 2021 Published: CITY OF BROOKINGS Keith W. Corbett, Mayor ATTEST: Bonnie Foster, City Clerk Ordinance 21-001013 An Emergency Ordinance Amending Emergency Ordinance 20-029 21-001 to Extend Certainand to Comprehensively Adopt Provisions to Address a Public Health Crisis and to Revise Certain Measures which are Necessary for the Immediate Preservation of the Public Health, Safety and Welfare of the City and are Necessary to Slow the Community Spread of Coronavirus (COVID-19) in the City of Brookings, South Dakota. I. Be It Ordained and Enacted by the Council of the City of Brookings, State of South Dakota, as follows: 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 necessar y for the promotion of health or the suppression of diseases; and Whereas, COVID-19 has been confirmed in more than 100 countries, including the United States; and Whereas, COVID-19 is a continuing global pandemic. United States Supreme Court Chief Justice Roberts stated in a 2020 decision “people may be infected but asymptomatic, [and] they may unwittingly infect others”; and Whereas, the Centers for Disease Control and Prevention, the World Health Organization, medical and scientific associations and p hysicians continue to suggest individuals wear a face covering to slow the spread of COVID-19; and Whereas, Ordinance 20-029 21-001 and this ordinance are intended to continue necessary procedures to slow the rise of positive cases of COVID-19 and slow down the rate of infection, and therefore bears a real and substantial relationship to public health because the measures are recognized to be the best available procedures to slow the rate of transmission of COVID-19; and Whereas, the City of Brookings and many States and communities across the country continue to implement have already implemented White House and CDC recommendations by restricting occupancy at bars, restaurants, food courts, gyms, and other indoor and outdoor venues where people congregate until the public health emergency is over; and Whereas, the failure to successfully implement social distancing would likely resu lt in higher numbers of infected individuals and has the potential to threaten or overwhelm the capacity of the City's health care providers; and Whereas, it is important that control measures, including requiring face masks in indoor places, 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 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 20-029 21-001 to address the COVID-19 public emergency in the City of Brookings, and Whereas, based on the number of cases in Brookings County, the number of past hospitalizations in the City, and the available modeling, the City Council believes the occupancy, social distancing and face covering restrictions should be continued given the continuing potential for community spread of COVID-19 cases in the City and State, and Whereas, this Emergency Ordinance is intended to extend certain , in comprehensive form, the emergency measures and restrictions as previously set forth in Emergency Ordinance 20- 029.21-001. Now Therefore, Be It Ordained by the City Council of Brookings as follows: 1. Any businesses identified in Ordinance 20-005 may reopen or remain open to serve patrons on-site pursuant to the conditions established in this ordinance. 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 capacity of one-half (½) of their maximum posted capacity. Capacity must 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 capacity of one-half (½) of their maximum posted capacity. Capacity must 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)b) In retail and grocery businesses, install a plexiglass, or similar divider where physically possible between the cashier and customer. h) Require employees to wash hands at regular intervals. i)c) Restaurant and bar (those businesses with an alcoholic beverage license) staff and employees must wear masks which cover the employee's nose and mouth. j) In casinos, video lottery machines must be cleaned and disinfected between each customer. k)d) Staff and employees of hair salons, nail and tanning salons, spas and barber shops must wear masks which cover their nose and mouth during customer contact times. Customer seating must be at least six (6) feet apart. l) In gyms and fitness facilities, any equipment and/or exercise mats must be cleaned or disinfected between each use. m) 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. n) Hand sanitizer locations readily available for public use should be made available at grocery stores and retail businesses. o) Enhanced cleaning/disinfecting requirements should be used for motel and hotel rooms. p) Seating for large gatherings shall be reduced to comply with a six- foot minimum distance between attendees. q)e) Businesses are encouraged to conduct daily employee screenings for illness. r)f) Businesses are encouraged to post signage outside of their facility that encourages customers to wear face coverings and to not enter if they are not feeling well or have COVID-19 symptoms. s)g) Businesses are encouraged to develop risk mitigation strategies for restrooms or other areas where social distancing requirements are likely to be compromised. t)h) Certain businesses (e.g. gym, recreation facilities, casinos, etc.) are encouraged to have customers wipe down their equipment/machines before and after use. However, businesses are recommended it will still be the responsibility of the business to ensure proper cleaning and disinfecting of equipment and surfaces potentially touched by customers and patrons is occurring. u) 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. i) Masks are required at city-sanctioned events. Masks which cover a person's nose and mouth are required for all persons attending or working at events which require a City permit when a minimum of six – foot distance cannot be maintained or achieved. w) Masks are required when obtaining services from the healthcare sector in settings, including but not limited to, a hospital, pharmacy, medical clinic, laboratory, physician or dental office, veterinary clinic, or blood bank, unless directed otherwise by an employee thereof or a health care provider. x) Masks are required while riding on public transportation or while in a taxi, private car service, or ride-sharing vehicle. 3. The following individuals are exempt from wearing masks or other face coverings: a) Persons age five years or under; Children age two years and under in particular should not wear a face covering because of the risk of suffocation; b) Persons with a medical condition, mental health condition, or disability that prevents wearing a face covering. This includes persons with a medical condition for whom wearing a face covering could obstruct breathing or who are unconscious, incapacitated, or otherwise unable to remove a face covering without assistance; c) Persons who are deaf or hard of hearing, or when communicating with a person who is deaf or hard of hearing, where the ab ility to see the mouth is essential for communication; d) Persons for whom wearing a face covering would create a risk to the person related to their work, as determined by local, state, or federal regulations or workplace safety guidelines; e) Persons who are obtaining a service involving the nose or face for which temporary removal of the face covering is necessary to perform the service; f) Persons who are seated at a restaurant or other establishment that offers food or beverage service, while they are eating or drinking, provided they maintain a 6-foot distance between individuals (not including individuals who reside together or are seated together) with only infrequent or incidental moments of closer proximity; g) Athletes and participants who are engaged in an organized sports activity that allows athletes to maintain a 6-foot distance from others with only infrequent or incidental moments of closer proximity; h) Persons who are engaged in an activity that a professional or recreational association, public regulatory entity, medical association, or other public health oriented entity has determined cannot be safely conducted while wearing a mask or other face covering and where other protections and precautions are established and utilized; i) Persons attending educational institutions where the public and private schools through 12th grade, colleges, and universities have implemented protections to slow the spread of COVID-19. j) Persons engaged in church and activities within religious places of worship, including preschools, social halls and chapels within church facilities, which may implement their own protections. 4. In addition to the specific requirements listed above, businesses shall are encouraged to operate in a manner consistent with the most recent CDC guidelines and any applicable state regulations and the South Dakota Governor's Executive Orders. CDC guidelines continue to recommend use of face coverings where social distancing cannot be maintained. 5. 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. 6. Businesses can request 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 this ordinance or the CDC guidelines. 7. Any person, 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 6. above, shall be in violation of this Ordinance. 8. Pursuant to this ordinance, the City Council may by resolution modify the mandatory closures and enact revised restrictions, including restrictions of 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. 9. 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, and 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. f. Educational institutions where public and private schools through 12th grade, colleges, and universities have implemented protections to slow the spread of COVID-19. g. Places of worship. h. Any and all polling places, including absentee voting and Election Day polling places, as well as all locations for processing absentee ballots and counting ballots. All polling places for absentee and Election Day voting shall remain open at all times. 10. 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. 11. Enforcement - Violation of this OrdinanceResolution may result in a fine, and multiple violations may result in further enforcement procedures, including legal and equitable action to enforce this Ordinance for the safety of the public. 12. Until the Second Reading of this ordinance is completed, approved and published, Ordinance 20-029 21-001 shall set forth the applicable measures deemed necessary to slow the spread of Coronavirus in the City of Brookings. 13. Face Masks/Face Coverings Required. Within the City of Brookings, all persons except those under the age of five (5) and those with a medical condition, mental health condition, or disability that makes it unreasonable for the individual to maintain a face covering, must wear a face mask/face covering in indoor businesses and indoor public places where six (6) foot social distancing cannot be achieved or maintained. A "face covering" or "mask" must be worn to cover the nose and mouth completely, and can include a paper or disposable face mask, a cloth mask, a scarf, a bandanna, or neck gaiter. II. BE IT FURTHER ORDAINED that pursuant to SDCL 9-19-13, this ordinance is adopted to address a public health emergency and 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. First Reading: January 26__________________, 2021 Second Reading: February 9, 2021 __________________, 2021 Published: __________________, 2021 CITY OF BROOKINGS: Keith W. Corbett, Mayor ATTEST: Bonnie Foster, City Clerk 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 21-004,Version:3 Public Hearing and Action on reconsideration of Ordinance 21-004, an Ordinance revising Division 3 of Chapter 82 of the Code of Ordinances of the City of Brookings and Pertaining to Speed Zones in the City of Brookings, South Dakota. Summary: The street construction on 20th Street South was completed in 2020 with a widened roadway, concrete shared-use path and street lights to enhance traffic and pedestrian safety. The speed limit had been previously reduced to 25 miles per hour (mph) between Western Avenue South and Main Avenue South after Dakota Prairie School was opened. After the street reconstruction was completed, the Engineering Department performed speed studies on the segment between Western Avenue South and Main Avenue South in September and October, 2020. The study showed the 85 th percentile was 36 mph for the east-bound direction and 37 mph for the west-bound direction. The Manual of Uniform Traffic Control Devices (MUTCD) describes the guidance for setting roadway speeds is to use the 85th percentile speed as target and the speed should be within 5 mph of the 85th percentile. Staff is recommending that the speed limit be changed to 35 miles per hour using the MUTCD guidance. A comparison of collector street speeds was developed for comparison. Brookings City Council, February 23, 2021 A public hearing was held on Ordinance 21-004, an Ordinance revising Division 3 of Chapter 82 of the Code of Ordinances of the City of Brookings and Pertaining to Speed Zones in the City of Brookings, South Dakota. A motion was made by Council Member Niemeyer, seconded by Council Member Brink, that Ordinance 21-004 be approved. The motion failed by the following vote: Yes: 3 - Corbett, Niemeyer, and Brink No: 4 - Bacon, Wendell, Tilton Byrne, and Collins. Brookings City Council, March 9, 2021 (unapproved) A motion to reconsider was made by Council Member Collins, seconded by Council Member Brink, for Ordinance 21-004, an Ordinance revising Division 3 of Chapter 82 of the Code of Ordinances of the City of Brookings pertaining to Speed Zones in the City of Brookings, SD. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins. Ordinance 21-004 was therefore reconsidered, and further action will be required at a subsequent meeting. Recommendation: Staff recommends approval. Attachments: Memo Ordinance - Clean Ordinance - Marked City of Brookings Printed on 3/18/2021Page 1 of 2 powered by Legistar™ File #:ORD 21-004,Version:3 Traffic Safety Committee Minutes Hearing Notice - Reconsideration Hearing Notice Map Speed Comparison Map City of Brookings Printed on 3/18/2021Page 2 of 2 powered by Legistar™ City Council Agenda Memo From: Jackie Lanning, City Engineer Council Meeting: February 9, 2021 / February 23, 2021/ Reconsideration March 23, 2021 Subject: Ordinance 21-004, an Ordinance Revising Division 3 of Chapter 82 of the Code of Ordinances of the City of Brookings and Pertaining to Speed Zones in the City of Brookings, South Dakota. Person(s) Responsible: Jackie Lanning, City Engineer Summary: The street construction on 20th Street South was completed in 2020 with a widened roadway, concrete shared-use path and street lights to enhance traffic and pedestrian safety. After the street reconstruction was completed, the Engineering Department performed speed studies on the segment between Western Avenue South and Main Avenue South in September and October, 2020. The study showed the 85 th percentile was 36 mph for the east-bound direction and 37 mph for the west-bound direction. Staff is recommending to change the speed limit to 35 mph between Western Avenue South and Main Avenue South. Background: The speed limit on 20th Street South, west of Main Avenue South, was originally set at 35 miles per hour (mph). In 2015, the speed limit was lowered to 25 mph on 20th Street South between Western Avenue South and Main Avenue South. At that time, there were concerns about pedestrian traffic near Dakota Prairie School and pedestrians crossing 20th Street South when there were no sidewalks or street lights in the area. Item Details: The street construction on 20th Street South was completed in 2020 with a widened roadway, concrete shared-use path and street lights to enhance traffic and pedestrian safety. The Engineering Department performed speed studies on the segment between Western Avenue South and Main Avenue South in September and October, 2020. The data showed the number of speeders and the average speed of all the vehicles was approximately 31 mph. From the study, the 85th percentile was 36 mph for the east- bound direction and 37 mph for the west-bound direction. The Manual of Uniform Traffic Control Devices (MUTCD) describes the guidance for setting roadway speeds is to use the 85th percentile speed as target and the speed should be within 5 mph of the 85th percentile: “When a speed limit within a speed zone is posted, it should be within 5 mph of the 85th percentile speed of free-flowing traffic”. The Traffic Safety Committee discussed the speed limit at their December 10, 2020 meeting. At the meeting, Police Chief Dave Erickson described that since the road was reconstructed, drivers have the sense that the road is 35 mph. The other segments of 20th Street South are also set at 35 mph. The committee voted to recommend the speed limit change with 6 yes votes and 1 no vote. Staff is recommending that speed limit of 20th Street South between Western Avenue South and Main Avenue South be changed to 35 mph. A speed comparison map is provided that indicates the speeds of collector streets in the area. Legal Consideration: The speed limit change is allowed by City Ordinance Section 82-305, whereby the City Council is authorized to determine and establish speed zones on streets and may change the speed limit at any time it may deem necessary. Strategic Plan Consideration: Changing the speed limit per the MUTCD guidance allows traffic to flow in a sustainable manner with fuel usage and provides connectivity in the community on the arterial street. Financial Consideration: None Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a work session 5. Do nothing Staff recommends approval of the ordinance as presented. Brookings City Council, February 23, 2021 A public hearing was held on Ordinance 21-004, an Ordinance revising Division 3 of Chapter 82 of the Code of Ordinances of the City of Brookings and Pertaining to Speed Zones in the City of Brookings, South Dakota. A motion was made by Council Member Niemeyer, seconded by Council Member Brink, that Ordinance 21-004 be approved. The motion failed by the following vote: Yes: 3 - Corbett, Niemeyer, and Brink No: 4 - Bacon, Wendell, Tilton Byrne, and Collins. Brookings City Council, March 9, 2021 (unapproved) A motion to reconsider was made by Council Member Collins, seconded by Council Member Brink, for Ordinance 21-004, an Ordinance revising Division 3 of Chapter 82 of the Code of Ordinances of the City of Brookings pertaining to Speed Zones in the City of Brookings, SD. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins. Ordinance 21 -004 was therefore reconsidered, and further action will be required at a subsequent meeting. Supporting Documentation: Ordinance – Clean Ordinance – Marked Traffic Safety Committee Minutes Hearing Notice – Reconsideration Hearing Notice Map Speed Comparison Map Ordinance 21-004 An Ordinance Revising Division 3 of Chapter 82 of the Code of Ordinances of the City of Brookings and Pertaining to Speed Zones in the City of Brookings, South Dakota. Be It Ordained by the City of Brookings that Section 305 of Division 3 of Chapter 83 of the Code of Ordinances of the City of Brookings be amended to read as follows: Sec. 82-305. Speed zones. (d) The following speed limits are established for the streets and portions of streets enumerated as follows: Street Extent Speed Main Avenue South From 175 feet south of 1st Street South to 3,960 feet south of 20th Street South 35 Medary Avenue From 325 feet north of North Campus Drive to US Highway 14 Bypass 35 From US Highway 14 Bypass to the north city limits 45 Medary Avenue South From 70 feet south of 16th Street South to the south city limits 35 22nd Avenue From US Highway 14 Bypass to the south city limits 35 8th Street South From the west city limits to 22nd Avenue South 35 20th Street South From Main Avenue South to 22nd Avenue South 35 34th Avenue From US Highway 14 to US Highway 14 Bypass 35 34th Avenue From US Highway 14 to the south city limits 35 US Highway 14 From the west city limits southeasterly to a point 55 1,560 feet northwesterly of the intersection of US Highway 14 and Western Avenue From 1,560 feet northwesterly of Western Avenue to 100 feet northwesterly of Western Avenue 40 From 100 feet Northwesterly of Western Avenue To 370 feet east of 17th Avenue 30 From 370 feet east of 17th Avenue to 428 feet west of Lefevre Drive 35 From 428 feet west of Lefevre Drive to the east city limits 45 US Highway 14 Bypass From the west city limits to the east city limits 55 West 2nd Street South From Western Avenue to Division Avenue 35 Western Avenue From West 2nd Street South to north city limits 35 Western Avenue South From West 8th Street South to south city limits 35 West 20th Street South From Main Avenue South to west city limits 35 II. Any or all ordinances in conflict herewith are hereby repealed. First Reading: February 9, 2021 Second Reading: February 23, 2021 Published: February 26, 2021 CITY OF BROOKINGS, SD Keith W. Corbett, Mayor ATTEST: Bonnie Foster, City Clerk Ordinance 21-004 An Ordinance Revising Division 3 of Chapter 82 of the Code of Ordinances of the City of Brookings and Pertaining to Speed Zones in the City of Brookings, South Dakota. Be It Ordained by the City of Brookings that Section 305 of Division 3 of Chapter 83 of the Code of Ordinances of the City of Brookings be amended to read as follows: Sec. 82-305. Speed zones. (d) The following speed limits are established for the streets and portions of streets enumerated as follows: Street Extent Speed Main Avenue South From 175 feet south of 1st Street South to 3,960 feet south of 20th Street South 35 Medary Avenue From 325 feet north of North Campus Drive to US Highway 14 Bypass 35 From US Highway 14 Bypass to the north city limits 45 Medary Avenue South From 70 feet south of 16th Street South to the south city limits 35 22nd Avenue From US Highway 14 Bypass to the south city limits 35 8th Street South From the west city limits to 22nd Avenue South 35 20th Street South From Main Avenue South to 22nd Avenue South 35 34th Avenue From US Highway 14 to US Highway 14 Bypass 35 34th Avenue From US Highway 14 to the south city limits 35 US Highway 14 From the west city limits southeasterly to a point 55 1,560 feet northwesterly of the intersection of US Highway 14 and Western Avenue From 1,560 feet northwesterly of Western Avenue to 100 feet northwesterly of Western Avenue 40 From 100 feet Northwesterly of Western Avenue To 370 feet east of 17th Avenue 30 From 370 feet east of 17th Avenue to 428 feet west of Lefevre Drive 35 From 428 feet west of Lefevre Drive to the east city limits 45 US Highway 14 Bypass From the west city limits to the east city limits 55 West 2nd Street South From Western Avenue to Division Avenue 35 Western Avenue From West 2nd Street South to north city limits 35 Western Avenue South From West 8th Street South to south city limits 35 West 20th Street South From Main Avenue South to Western Avenue South 25 From Western Main Avenue South to the west city limits 35 II. Any or all ordinances in conflict herewith are hereby repealed. First Reading: February 9, 2021 Second Reading: February 23, 2021 Published: February 26, 2021 CITY OF BROOKINGS, SD Keith W. Corbett, Mayor ATTEST: Bonnie Foster, City Clerk 1 BROOKINGS TRAFFIC SAFETY COMMITTEE City & County Government Center, 520 3rd Street Online: Go To Meeting Thursday, December 10, 2020 12:10 p.m. The Brookings Traffic Safety Committee held its monthly meeting on Thursday, December 10, 2020 at 12:10pm in the City & County Government Center, Room 300. Members Present: Jackie Lanning, Dave Erickson, Charles Schnabel, Don Norton, Jake McGlade, Justin Bucher, and Brian Lueders. Members Absent: Kacie Richard, Tony Sonnenburg, Matt Bartley, Gary Gramm, Stacy Perry, Tim Heaton, and Lewayne Erickson. Others Present: Call to Order: Justin Bucher called the meeting to order. Approval of Minutes: B.Lueders / J. McGlade made a motion to approve the minutes from the February meeting. All present voted aye. Motion passed. B.Lueders / C. Schnabel made a motion to approve the minutes from the September meeting. All present voted aye. Motion passed. Additions to Agenda: Old Business: Request for 35 mph speed limit on 20th Street South between Western Avenue S. and Main Avenue S. J. Lanning gave some history on how this speed limit on 20th Street South was changed from 35 mph to 25mph. In 2015, when the Dakota Prairie School was opening there was concern about students walking in the road and crossing 20th Street South due to the school’s traffic. At that time, 20th Street South was a 2 lane road with ditches and it did not have sidewalks or street lights. The committee was concerned about pedestrian safety so they recommended changing the speed limit from 35mph to 25mph. She described that now the street has been widened and there are sidewalks and street lights installed. Lanning described a speed study they did in September and October. The data showed the number of speeders and the average speed was about 31 mph. The Manual of Uniform Traffic Control Devices (MUTCD) describes the guidance for speeds is to use the 85th-percentile speed as a target and the speed should be within 5 mph of the 85% percentile. D. Erickson described that there is a short segment of 20th Street South between Western Avenue and Main Avenue that is 25 mph. He said since the road is opened to three lanes and the shared use path is on the side, it gives the drivers the sense that the road is 35 mph. The citizens he has heard from said that this area should be treated the same as the rest of 20th Street South and be 35 mph. B. Lueders asked if 2 there are crosswalks installed. J. Lanning said there are ramps and pedestrian crossing signage at the intersection of Larkspur Ridge Drive and 20th Street South, but the crosswalks are not painted. J. Bucher stated he also had citizens asked when this area will get changed back to 35mph. B. Lueders said he was concerned with the hill and if the speed limit increased, he was concerned with the safety of children crossing the street. C. Schnabel stated looking at the data vehicles are traveling that speed already and there hasn’t been any issues. D. Erickson confirmed there ha d been no accidents in this area. J. Lanning stated their department has a traffic camera they could install in the spring and monitor how many children are crossing 20th Street South at Larkspur Ridge Road. D. Erickson/C. Schnabel made the motion to approve changing the speed limit to 35 mph on 20th Street South between Western Avenue South and Main Avenue South. 6 members voted aye, 1 member voted no (Lueders). Motion approved. New Business: Discussion on stop sign safety at the intersection of 8th Street and Medary Avenue J. Lanning stated this has not been implemented the street department is looking into see if they have the flashing lights. Request to remove one parking stall on 5th Street between Main Avenue and 5th Avenue J. Lanning showed a picture of the parking stall that was requested for removal, lo cated on the west side of the Post Office driveway onto 5th Street. The stall is located where part of the stall protrudes into the driveway exit area, causing visibility issues. There was discussion at the September meeting where this committee recommended to remove the parking stall. Due to no quorum at that meeting, no action was taken. C. Schnabel/D. Norton made a motion to approve the removal of the one parking stall on 5th Street between Main Avenue and 5th Street on the west side of the Post Office driveway. All present voted aye. Motion passed. Member Reports: B. Lueders would like the City to monitor the children along 20th Street South between Western Avenue S. and Main Avenue S. area in the spring. The next meeting is scheduled for January 14, 2021. Meeting adjourned. Submitted by: Chris Larson NOTICE OF PUBLIC HEARING Ordinance 21-004 - Reconsideration NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota, will hold a public hearing at 6:00 p.m., Tuesday, March 23, 2021, in the Brookings City & County Government Center Chambers, 520 Third Street, to consider adoption of a revision to the City Code of Ordinances, entitled Ordinance 21-004, revising Division 3 of Chapter 82 pertaining to Speed Zones in the City of Brookings, SD. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated in Brookings, South Dakota, this 15th day of March, 2021. CITY OF BROOKINGS Bonnie Foster, City Clerk Published one time at an approximate cost: $ . NOTICE OF PUBLIC HEARING Ordinance 21-004 NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota, will hold a public hearing at 6:00 p.m., Tuesday, February 23, 2021, in the Brookings City & County Government Center Chambers, 520 Third Street, to consider adoption of a revision to the City Code of Ordinances, entitled Ordinance 21-004, revising Division 3 of Chapter 82 pertaining to Speed Zones in the City of Brookings, SD. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated in Brookings, South Dakota, this 12th day of February, 2021. CITY OF BROOKINGS Bonnie Foster, City Clerk Published one time at an approximate cost: $ . 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 21-006,Version:2 Public Hearing and Action on Ordinance 21-006, an Ordinance to Rezone Aldrichs Addition, legal description: West 60-feet of the East 120-feet, also known as 1402 6th Street, and Aldrichs Addition, legal description: East 60-feet, also known as 1404 6th Street, from Business B-2A Office District to Business B-2 District. Summary: VK Properties, LLC, has submitted a petition to rezone two parcels of land totaling .55 acres of land from B2-A to B-2. Background: The applicant is requesting a rezone of 1402 and 1404 6th Street. The parcels are currently zoned Business B-2A Office District. The applicant is requesting a rezone to Business B2 District. The lots are currently occupied by rental properties. The applicant wishes to demolish these rental homes and build a commercial property. The preliminary concept calls for a commercial building fronting 6th Street with parking located in the rear. Property to the east is zoned R-2. This property is owned by the City of Brookings and is part of the Hillcrest Park/Aquatic Center Complex. Property to the west is zoned B-2A. It is owned by Advance and used for housing. Properties to the south, zoned R-2, include two owner-occupied homes fronting 5th Street. Properties to the north, across 6th Street, are zoned B-2. The parcels in the request are part of an Urban Strategy Area within the Comprehensive Plan’s Future Land Use Map. The Urban Strategy Area includes the block north and south of 6 th Street between Downtown and 20th Avenue. The Urban Strategy Area is similar to Medium Intensity areas and is intended for a mix of housing types, commercial, office, and service uses. Recommendations The Planning Commission voted 7-0 recommending approval of the rezoning request. Attachments: Memo Ordinance Public Notice Planning Commission Minutes Area Map Zoning Map Future Land Use Map City of Brookings Printed on 3/18/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Ryan Miller, City Planner Meeting: March 9, 2021 / March 23, 2021 Subject: Rezone Aldrichs Addn, W 60’ of E 120’, also known as 1402 6th St, and Aldrichs Addn, E 60’, also known as 1404 6th St, from Business B-2A Office District to Business B-2 District. Person(s) Responsible: Mike Struck, Community Development Director Summary: VK Properties, LLC, has submitted a petition to rezone two parcels of land totaling .55 acres of land from B2-A to B-2. Background: The applicant is requesting a rezone of 1402 and 1404 6th Street. The parcels are currently zoned Business B-2A Office District. The applicant is requesting a rezone to Business B2 District. The lots are currently occupied by rental properties. The applicant wishes to demolish these rental homes and build a commercial property. The preliminary concept calls for a commercial building fronting 6th Street with parking located in the rear. Property to the east is zoned R-2. This property is owned by the City of Brookings and is part of the Hillcrest Park/Aquatic Center Complex. Property to the west is zoned B-2A. It is owned by Advance and used for housing. Properties to the south, zoned R -2, include two owner-occupied homes fronting 5th Street. Properties to the north, across 6th Street, are zoned B-2. The parcels in the request are part of an Urban Strategy Area within the Comprehensive Plan’s Future Land Use Map. The Urban Strategy Area includes the block north and south of 6th Street between Downtown and 20th Avenue. The Urban Strategy Area is similar to Medium Intensity areas and is intended for a mix of housing types, commercial, office, and service uses. Discussion The rezoning request closely meets the intent of the Comprehensive Plan. The parcels are located within the Urban Strategy Area, which is similar in land use intensity to the medium intensity uses. B-2 Zoning would be considered a medium intensity use and is intended to be compatible with residential neighborhoods. There is adjacent B-2 Zoning with similar character to the north along 6th Street. Legal Consideration: None Financial Consideration: None Strategic Plan Consideration: The proposed zoning is consistent with the Comprehensive Plan’s Land Use Plan. The rezone is consistent with the 2018-2023 Strategic Plan, specifically promoting economic expansion of retail, commercial, industrial, and tech-related development of new and existing businesses. Options: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a study session 5. Do nothing Recommendations: The planning commission voted 7-0 recommending approval of the rezoning request. Supporting Documentation: Memo Ordinance Notice PC Minutes Area Map Zoning Map Future Land Use Map Ordinance 21-006 An Ordinance to Change the Zoning within the City of Brookings Be It Ordained by the City of Brookings, South Dakota: Section 1. That the real estate situated in the City of Brookings, County of Brookings, State of South Dakota, described as follows, to-wit: The West Sixty Feet (W 60’) of the East One Hundred Twenty Feet (E 120’) of Aldrich’s Addition, also known as 1402 6th Street, and The East Sixty Feet (E 60’) of Aldrich’s Addition, also known as 1404 6th Street In accordance with Section 94-7 of Article I of the Code of Ordinances of Brookings, South Dakota, as said districts are more fully set forth and described in Articles III and IV, Chapter 94 of the City of Brookings, South Dakota. Section 2. The permitted use of the property heretofore described be and the same is hereby altered and changed in accordance herewith pursuant to Articles III and IV, Chapter 94 of the City of Brookings, South Dakota. Section 3. All sections and ordinances in conflict herewith are hereby repealed. First Reading: March 9, 2021 Second Reading and Adoption: March 23, 2021 Published: March 26, 2021 CITY OF BROOKINGS ________________________ Keith W. Corbett, Mayor ATTEST: _________________________ Bonnie Foster, City Clerk If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF PUBLIC HEARING Ordinance 21-006 NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota, will hold a public hearing at 6:00 p.m., CST, Tuesday, March 23, 2021, in the Brookings City & County Government Center Chambers, 520 Third Street, to consider adoption of a revision to the City Code of Ordinances, entitled Ordinance 21-006, to rezone the West 60-feet of the East 120-feet of Aldrichs Addition, also known as 1402 6th Street, and the East 60-feet of Aldrichs Addition, also known as 1404 6th Street, in the City of Brookings, SD from Business B-2A Office District to Business B-2 District. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated in Brookings, South Dakota, this 15th day of March, 2021. CITY OF BROOKINGS Bonnie Foster, City Clerk Published one time at an approximate cost: $ . Planning Commission Brookings, South Dakota March 2, 2021 OFFICIAL MINUTES Chairperson Gregg Jorgenson called the meeting of the City Planning Commission to order on Tuesday March 2, 2021, at 5:00 PM in the Council Chambers Room #310 on the third floor of the City & County Government Center. Members present were Tanner Aiken, Greg Fargen, Jacob Mills, Jason Meusburger, Lee Ann Pierce, Eric Rasmussen and Jorgenson. Absent were Ashley Biggar and James Drew. Also present were Community Development Director Mike Struck, City Planner Ryan Miller, City Engineer Jackie Lanning, James Drew, Gaylor Woods - 1335 5th Street, Kathy Larsen – 1347 5th Street, Ms. Squires, Patty Dexter, Tyler Samuelson, Matt Kurtenbach, BMU Engineering Supervisor Chad Bachman, Brookings School District Superintendent Klint Willert, BATA Director Brenda Schwitzer and others. Item #4a - VK Properties Inc has submitted a rezone request for the W60’ of E120’ of Aldrichs Addition and E60’ of Aldrichs Addition, also known as 1402 and 1404 6th Street. (Rasmussen/Mills) Motion to approve the rezone request. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #4a – The applicant is requesting to rezone from a Business B-2A Office District to a Business B-2 District. These lots are currently occupied by residential properties used for rental purposes. The applicant plans to demolish these structures and rebuild for commercial use. There are multiple adjacent zoning districts in this area. The Comprehensive Plan does show this area with intended uses as mixed housing types, commercial, office and service uses. James Drew is representing this request on behalf of the applicant. The proposed project is an approximate 2,200 sf, one-story building that will be situated on a lot of approximately 24,000 square feet. The building will have architectural design to be aesthetically appealing. The property to the east has fencing, but the proposal does follow the required buffer yard and landscaping, but they will be willing to add additional plantings if necessary. The parking lot will have adequate room to allow for turning and there will not be a need for traffic to back in to 6th Street. Woods – 1335 5th Street is concerned about the noise and lighting from vehicles on this property. He is not in favor of this request. Kathy Larsen and her husband Jay have been residents at 1353 5th Street for 40+ years. They are against this rezone request. The B-2A zoning versus the B-2 zoning is significant. She feels that appropriate transition should be made between residential and commercial and the B-2 zoning isn’t a good option for this transition. The lighting that will be installed for this development will be significant and will have a negative impact on them and their property. The traffic increase due to a business being built here is also a concern since the pool and park are so close. Larsen feels that there is a chance for fewer potential problems with the B-2A zoning. The Larsen’s submitted a letter describing reasons for denial of the request. Ms. Squires lives in this area and she is concerned about the children in this area and their safety. She would like the Commission to consider safety of the neighbors/neighborhood. Struck explained that the parking requirements in this zone will require the building to be quite small. The building is planned to be 18 feet tall which is actually lower than the roof line of the neighboring houses. Patty Dexter is concerned that the people living in these houses won’t have a place to go to. Mills asked for clarification on the bufferyard requirements. Struck explained these requirements for the B-2A District between a residential zone and the B-2A. There are options available that will require additional bufferyard area if the tree planting requirements won’t be/can’t be met. 1402 & 1404 6th St. 74 ft 1402 & 1404 6th St. 74 ft 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 21-007,Version:2 Public Hearing and Action on Ordinance 21-007, an Ordinance to Rezone Lot 1 and 2, Block 2, Telkamp Industrial Addition from I-1R to I-1. Summary: TK Samuelson Enterprises, LLC and Daktronics, Inc. have submitted a petition to rezone two parcels of land totaling 5.08 acres of land from I-1R to I-1. Background: The applicant is requesting a rezone of Lots 1 & 2 of Block 2 in the Telkamp Industrial Addition. The parcels are currently zoned Industrial I-1R Restricted District. The applicant is requesting a rezone to Industrial I-1 Light District. The lots are currently vacant and located in the Telkamp Industrial Addition. The applicant wishes to establish an industrial use and is seeking the I-1 zoning classification. Property to the north and east are zoned I-1, while property to the south and west are zoned I-1R. The current I-1R Zoning District is intended to provide for aesthetically designed industrial areas primarily near and adjacent to major arterials. Additional design standards, a lot coverage maximum, and stricter set backs are included in the I-1R district. The nearest arterial street is 34th Avenue, however, neither of lots abut 34th Avenue. Interstate 29 is also nearby but not abutting. The Comprehensive Plan’s Future Land Use Map identifies this area as General Industry (GI) of which the Industrial I-1 Light District is compatible. Recommendations The Planning Commission voted 7-0 recommending approval of the rezoning request. Attachments: Memo Ordinance Public Notice Planning Commission Minutes Area Map Zoning Map Future Land Use Map City of Brookings Printed on 3/18/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Ryan Miller, City Planner Meeting: March 9, 2021 / March 23, 2021 Subject: Rezone Lot 1 & 2, Block 2, Telkamp Industrial Addition from Industrial I-1R Restricted District to Industrial I-1 Light District. Person(s) Responsible: Mike Struck, Community Development Director Summary: TK Samuelson Enterprises, LLC and Daktronics, Inc. have submitted a petition to rezone two parcels of land totaling 5.08 acres of land from I-1R to I-1. Background: The applicant is requesting a rezone of Lots 1 & 2 of Block 2 in the Telkamp Industrial Addition. The parcels are currently zoned Industrial I-1R Restricted District. The applicant is requesting a rezone to Industrial I-1 Light District. The lots are currently vacant and located in the Telkamp Industrial Addition. The applicant wishes to establish an industrial use and is seeking the I -1 zoning classification. Property to the north and east are zoned I -1, while property to the south and west are zoned I-1R. The current I-1R Zoning District is intended to provide for aesthetically designed industrial areas primarily near and adjacent to major arterials. Additional design standards, a lot coverage maximum, and stricter set backs are included in the I -1R District. The nearest arterial street is 34th Avenue; However, neither of lots abut 34th Avenue. Interstate 29 is also nearby but not abutting. The Comprehensive Plan’s Future Land Use Map identifies this area as General Industry (GI) of which the Industrial I-1 Light District is compatible. Legal Consideration: None Financial Consideration: None Strategic Plan Consideration: The proposed zoning is consistent with the Comprehensive Plan’s Land Use Plan. The rezone is consistent with the 2018-2023 Strategic Plan, specifically promoting economic expansion of retail, commercial, industrial, and tech-related development of new and existing businesses. Options: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a Study Session 5. Do nothing Recommendations: The planning commission voted 7-0 recommending approval of the rezoning request. Supporting Documentation: Memo Ordinance Notice Planning Commission Minutes Area Map Zoning Map Future Land Use Map Ordinance 21-007 An Ordinance to Change the Zoning within the City of Brookings Be It Ordained by the City of Brookings, South Dakota: Section 1. That the real estate situated in the City of Brookings, County of Brookings, State of South Dakota, described as follows, to-wit: Lot 1, Block 2, Telkamp Industrial Addition, and Lot 2, Block 2, Telkamp Industrial Addition In accordance with Section 94-7 of Article I of the Code of Ordinances of Brookings, South Dakota, as said districts are more fully set forth and described in Articles III and IV, Chapter 94 of the City of Brookings, South Dakota. Section 2. The permitted use of the property heretofore described be and the same is hereby altered and changed in accordance herewith pursuant to Articles III and IV, Chapter 94 of the City of Brookings, South Dakota. Section 3. All sections and ordinances in conflict herewith are hereby repealed. First Reading: March 9, 2021 Second Reading and Adoption: March 23, 2021 Published: March 26, 2021 CITY OF BROOKINGS ________________________ Keith W. Corbett, Mayor ATTEST: _________________________ Bonnie Foster, City Clerk If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF PUBLIC HEARING Ordinance 21-007 NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota, will hold a public hearing at 6:00 p.m., CST, Tuesday, March 23, 2021, in the Brookings City & County Government Center Chambers, 520 Third Street, to consider adoption of a revision to the City Code of Ordinances, entitled Ordinance 21-007, to rezone Lots 1 and 2, Block 2, Telkamp Industrial Addition, in the City of Brookings, SD from I-1R Industrial Restricted District to I-1 Industrial Light District. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated in Brookings, South Dakota, this 15th day of March, 2021. CITY OF BROOKINGS Bonnie Foster, City Clerk Published one time at an approximate cost: $ . Planning Commission Brookings, South Dakota March 2, 2021 OFFICIAL MINUTES Chairperson Gregg Jorgenson called the meeting of the City Planning Commission to order on Tuesday March 2, 2021, at 5:00 PM in the Council Chambers Room #310 on the third floor of the City & County Government Center. Members present were Tanner Aiken, Greg Fargen, Jacob Mills, Jason Meusburger, Lee Ann Pierce, Eric Rasmussen and Jorgenson. Absent were Ashley Biggar and James Drew. Also present were Community Development Director Mike Struck, City Planner Ryan Miller, City Engineer Jackie Lanning, James Drew, Gaylor Woods - 1335 5th Street, Kathy Larsen – 1347 5th Street, Ms. Squires, Patty Dexter, Tyler Samuelson, Matt Kurtenbach, BMU Engineering Supervisor Chad Bachman, Brookings School District Superintendent Klint Willert, BATA Director Brenda Schwitzer and others. Item #4b - TK Samuelson Enterprises LLC has submitted a petition to rezone Lot 1, Block 2 of Telkamp Industgrial Addition, Lot 2, Block 2, Telkamp Industrial Addition. (Fargen/Aiken) Motion to approve the rezone request. All present voted aye. MOTION CARRIED. Item #4b – These lots are currently vacant. The applicant wishes to establish an industrial use and build contractor shops. The I-1R district has stricter requirements than the I-1 District. Properties to the north and east are zoned I-1R which is the requested zone. Tyler Samuelson is hoping to build a contractor shop on these lots. Matt Kurtenbach, current owner of the property, is in favor of this request. Lots 1 & 2, B lo ck 2, Telka mp Addition 297 ft Lots 1 & 2, Block 2, Telkamp Addition 297 ft 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 21-0141,Version:1 Public Hearing and Action on a request for an On-Off Sale Malt License for MG Oil Company, dba Corner Pantry #24, Marlyn Erickson and Troy Erickson, owners, 600 6th Street., Suite B, legal description: Lots 5-7, Block 11, Second Addition, Suite B. Pending permit issuance and final inspection per the Community Development Dept. Summary: The City of Brookings has received an application for an On-Off Sale Malt License, with video lottery, for MG Oil Company, dba Corner Pantry #24, Marlyn Erickson and Troy Erickson, owners, 600 6th Street. Legal description: Lots 5-7, Block 11, Second Addition, Suite B. All required documents have been submitted for this application. The video lottery request will be handled under separate City Council action. Recommendation: Staff recommends approval. Attachments: Memo City Attorney Opinion on AR 48:02:11:02 Legal Notice Proposed Building Plans Location Map City of Brookings Printed on 3/18/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Bonnie Foster, City Clerk Council Meeting: March 23, 2021 Subject: On-Off Sale Malt License for Corner Pantry #24, Suite B Person(s) Responsible: Bonnie Foster, City Clerk Summary: The City of Brookings has received an application for an On-Off Sale Malt License, with video lottery, for MG Oil Company, dba Corner Pantry #24, Marlyn Erickson and Troy Erickson, owners, 600 6th Street. Legal description: Lots 5-7, Block 11, Second Addition, Suite B. All required documents have been submitted for this application. The video lottery request will be handled under separate City Council action. Background: MG Oil Company, Marlyn Erickson and Troy Erickson, owners, purchased the business at 600 6th Street in November 2020. A transfer of the existing On-Off Sale Malt License, with video lottery, was approved by the City Council on November 24, 2020. The owners are wanting an additional On-Off Malt License for Suite B, with up to 10 video lottery machines. Approval would allow for 2 On-Off Malt Licenses at this location, with up to 20 video lottery machines. A public hearing and action by the local governing body is required to approve all alcohol licenses. The On-Off Sale Malt License would be effective 2021, and is subject to an annual renewal. If approved, and following the issuance of the Occupancy Permit by the Community Development Department, the application would be forwarded to the State Department of Revenue and SD Video Lottery Office for final action and issuance of the licenses, and would then be subject to annual renewal processes. Item Details: MG Oil Company has applied for an additional On -Off Sale Malt License, with video lottery, for Suite B, allowing up to 10 additional video lottery machines at this location. Any licenses approved would be effective pending occupancy permit issuance and final inspection of the property per the Community Development Department. This location will undergo some remodeling in order to add Suite B, which will utilize the second On-Off Malt License, with 10 video lottery machines. Chapter 6, Article 2, Section 6-42 of the City Code of Ordinances pertains to the Application Review Procedure. The city council shall review all applications submitted to the city for available on-sale alcoholic beverage agreements and for all alcoholic beverage licenses in accordance with SDCL Chapter 35-2 (SDCL 35-2-1 et seq.) and in accordance with the following factors: 1) Type of business which applicant proposes to operate: on -sale alcoholic beverage operating agreements and on-sale alcoholic beverage licenses may not be issued to convenience grocery stores, gas stations, or other stores where groceries or gasoline are sold unless it can be established that minors do not regularly frequent the establishment. 2) The manner in which the business is operated: on-sale alcoholic beverage operating agreements and alcoholic beverage licenses may not be issued to establishments which are operated in a manner which results in minors regularly frequenting the establishment. 3) The extent to which minors are employed in such a place of business: on-sale alcoholic beverage operating agreements and on-sale alcoholic beverage licenses may not be issued to convenience grocery stores, gas stations, or other stores where groceries or gasoline are sold and which regularly employ minors. 4) Adequacy of the police facilities to properly police the proposed location: The city council shall inquire of the city manager whether the police department can adequately police the proposed location. 5) Other factors: The hours that business is conducted shall be considered by the city council in its review of applications for on-sale alcoholic beverage operating agreements and on-sale alcoholic beverage licenses. (Code 1996, § 5-20) State Law reference - Local license approval, SDCL 35-2-1.2. SDCL 35-2-1.2. Applications submitted to local governing body--Fee--Approval or disapproval. Any applicant for a new retail license….shall submit an application to the governing body of the municipality in which the applicant intends to operate … The applicant shall submit the required fee with the application. The governing body may approve the application for a new retail license…if the governing body considers the applicant suitable to hold the license and the proposed location is suitable. The governing body may disapprove an application for a new retail license…issued under subdivision 35-4-2(4), (6), or (13) if: 1) The approval of the application permits a person, corporation, or business entity to possess more than one-third of the licenses available to be issued in the jurisdiction; and 2) The governing body determines that possession of more than one -third of licenses available is not in the public interest. Source: SDC 1939, §§ 5.0206, 5.0305; SL 1945, ch 21, § 1; SL 1951, ch 11; SDC Supp 1960, § 5.0204 (14); SL 1961, ch 14; SL 1964, ch 9; SL 1965, ch 12; SDCL §§ 35-4-32, 35-4-33, 35-6-15; SL 1971, ch 211, § 13; SL 2008, ch 37, § 140; SL 2011, ch 171, § 1; SL 2017, ch 164, § 1; SL 2018, ch 213, § 12. Legal Consideration: None Financial Consideration: There is a $150 Annual On-Off Malt License renewal fee, as well as a $50/machine annual Video Lottery fee. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Refer to a Study Session 5. Do nothing Staff recommends approval. Supporting Documentation: City Attorney Opinion on AR 48:02:11:02 Legal Notice Location Map Proposed Building Plans Steve Britzman, City Attorney, opinion on AR 48:02:11:02 April 24, 2020 AR 48:02:11:02. Restrictions on multiple alcoholic beverage licenses. Persons who hold more than one license for the on-sale consumption of alcoholic beverages may have machines placed for each license issued provided the following requirements are met: 1) Separate application, qualification, and fees are submitted and approved for each premises licensed for the on-sale consumption of alcoholic beverages; 2) Separate establishment licenses are issued by the lottery for each premises licensed for the on-sale consumption of alcoholic beverages; 3) Separate and distinct physical facilities are maintained and utilized for the sale and consumption of alcoholic beverages for each establishment license approved by the lottery; 4) No more than one establishment license is issued to any person for the same legally described premises contained in the alcoholic beverage license. Source: 16 SDR 27, effective August 18, 1989. General Authority: SDCL 42-7A-21(16). Law Implemented: SDCL 42-7A-41. City Attorney Opinion Subsections 3 and 4 require separate and distinct physical facilities to be maintained and used for the sale and consumption for each establishment license approved by the lottery. This would mean each establishment must be able to serve alcoholic beverages on its own premises from its own equipment, even if they are housed in the same building with another establishment. Section 4 requires a separate establishment for each legally described premises. A legally described premises, in my opinion, means a separate legal description must pertain to each establishment licensed. A legal description can be created by a “recorded deed” which has been filed in the office of the Register of Deeds, or a plat which identifies each establishment with a separate de scription, such as Lot or Parcel A or Parcel B. A plat must also be recorded in the office of the Register of Deeds to create a legal description. Until a legal description is recorded, it cannot create a subdivision of an existing legal description. NOTICE OF PUBLIC HEARING On-Off Sale Malt License – MG Oil Company dba Corner Pantry #24, Suite B. NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of Brookings, South Dakota, on March 23, 2021, at 6:00 p.m. in the Brookings City & County Government Center Chambers, 520 Third Street, will meet in regular session to consider an application for the issuance of an On-Off Sale Malt License, with Video Lottery, for MG Oil Company, dba Corner Pantry #24, Troy & Marilyn Erickson, owners, 606 6th Street, Suite B, Brookings, South Dakota, legal description: Lots 5-6-7, Block 11, Second Addition, Suite B. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated at Brookings, South Dakota, this 15th day of March, 2021. Bonnie Foster, City Clerk Published time(s) at an approximate cost $ . B rook ings County, SD Developed by Par cel ID 405300110000500 Sec/T wp/Rng -- Pr oper ty Address 606 6TH ST BROOKINGS Alter nate ID n/a Class NADC Acr eage n/a Ow ner Addr ess MG OIL C O MPANY 1180 C REEK DR RAPID C ITY SD 57703 Distr ict 4001 Br ief T ax Descr iption SEC OND ADDITION, LOTS 5-6-7, BLK 11 150 X 195 (Note: Not to be used on leg a l documents) Date created: 3/5/2021 Last Data Uploa ded: 3/5/2021 8:04:34 AM 118 ft Overvi ew Legend Br ookings City Limits City L imits T ow nship Boundar y Sections Parcels 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 21-0143,Version:1 Public Hearing and Action on a request for Video Lottery for MG Oil Company, dba Corner Pantry #24, Suite B, Marlyn Erickson and Troy Erickson, owners, 600 6th Street, legal description: Lots 5-7, Block 11, Second Addition, Suite B. Pending permit issuance and final inspection per the Community Development Dept. Summary: The City of Brookings has received a request for Video Lottery for MG Oil Company, dba Corner Pantry #24, Marlyn Erickson and Troy Erickson, owners, 600 6th Street. Legal description: Lots 5-7, Block 11, Second Addition, Suite B. All required documents have been submitted. Recommendation: Staff recommends approval. Attachments: Memo City Attorney Memo on Video Lottery - 2018.05.02 City Attorney Opinion on AR 48:02:11:02 Video Lottery: SDCL and Administrative Rule Legal Notice Proposed Building Plans Parking Map Location Map Current Video Lottery List City of Brookings Printed on 3/18/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Bonnie Foster, City Clerk Council Meeting: March 23, 2021 Subject: Video Lottery for Corner Pantry #24, Suite B Person(s) Responsible: Bonnie Foster, City Clerk Summary: The City of Brookings has received a request for Video Lottery for MG Oil Company, dba Corner Pantry #24, Marlyn Erickson and Troy Erickson, owners, 600 6th Street. Legal description: Lots 5-7, Block 11, Second Addition, Suite B. All required documents have been submitted. Background: MG Oil Company, Marlyn Erickson and Troy Erickson, owners, purchased the business at 600 6th Street in November 2020. A transfer of the existing ON-Off Sale Malt License, with video lottery, was approved by the City Council on November 24, 2020. The owners want an additional On-Off Malt License for Suite B., with up to 10 video lottery machines. Approval would allow up to 20 video lottery machines at this location. A public hearing and action by the local governing body is required. If approved, and following the issuance of the Occupancy Permit by the Community Development Department, the application would be forwarded to the State Lottery Office for final action and issuance of the license, and would then be subject to annual renewal processes. Item Details: MG Oil Company has applied for an additional On-Off Malt License, with video lottery, for Suite B, allowing up to 10 additional video lottery machines at this location. Any licenses approved would be effective pending occupancy permit issuance and final inspection of the property per the Community Development Department. This location will undergo some remodeling in order to add Suite B, which will utilize the second On-Off Malt License, with 10 video lottery machines. In order to satisfy State Video Lottery Regulations, there must be separate and distinct physical facilities maintained and utilized for the sale and consumption of alcoholic beverages for this separately described premises. Their plan indicates the separate spaces have been designated, and sales and consumption of alcoholic beverages are intended to occur at this location within the building. This would comply with the video lottery requirements if the City Council approves the additional On-Off Sale Malt Licenses and if the City Council also approves Video Lottery for this location within the building. SDCL 42-7A-64. Additional criteria for on-sale alcoholic beverage licensees in video lottery licensed establishments. A municipality or county may consider, in addition to the criteria for the issuance of an on-sale alcoholic beverage license, the following criteria for authorizing video lottery machine placement in establishments issued an on-sale alcoholic beverage license pursuant to subdivisions 35-4-2(12) and (16): 1. The number of establishments currently licensed for video lottery; 2. The proximity of the business to other establishments licensed for video lottery; 3. The type of business and manner in which the applicant proposes to operate it; 4. The location of the business in relation to other businesses, residential areas, or activities within the same general area; 5. The extent to which minors frequent a business connected to the one proposed; and 6. The effect the proposed business has on economic development. The governing board shall certify on each application filed with the Department of Revenue for a license granted under subdivisions 35 -4-2(12) and (16) whether the business premises is authorized for video lottery machine placement. An existing video lottery license may not be denied renewal or transfer based upon the criteria set forth in this section. The lottery may issue a video lottery license to those establishments certified pursuant to this section. Notwithstanding the above provisions, a county or municipality may not restrict the number of alcoholic beverage licenses issued under subdivisions 35-4-2(12) and (16) and certified for video lottery to a number less than those licensed as video lottery establishments on March 1, 1994. Source: SL 1994, ch 329, § 1; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011. Legal Consideration: City Council action would allow up to 10 Video Lottery machines for each on-sale malt beverage license approved, resulting in up to 20 Video Lottery machines for this location, if approved. Financial Consideration: Video Lottery fees: $50 per machine per year. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move to a Study Session 5. Do nothing Staff recommends approval. Supporting Documentation: City Attorney Memo on Video Lottery – 2018.05.02 City Attorney Opinion on AR 48:02:11:02 Video Lottery: SDCL and Administrative Rule Legal Notice Location Map Proposed Building Plan Current Video Lottery List Steven J. Britzman Brookings City Attorney 521 Sixth Street, Suite 104 Telephone (605) 697-9058 Brookings, South Dakota 57006 Facsimile (605) 697-9060 Email: britzmanlaw@brookings.net _____________________________________________________________ Memorandum To: Mayor Keith Corbett and Council Members, Jeff Weldon, City Manager, and Shari Thornes, City Clerk From: Steven J. Britzman, City Attorney Date: May 2, 2018 Re: Municipal Regulation of Video Lottery location Pre-empted by State Law Conclusion: State law does allow a municipality to consider the following criteria for authorizing video lottery machine placement when issuing an on-sale wine or malt beverage license (no other type of alcoholic beverage license). The criteria, as fully set forth below, include the number of establishments currently licensed for video lottery, the proximity of the business to other establishments licensed for video lottery, the type of business and manner in which the applicant proposes to operate it, the location of the business in relation to other businesses, residential areas, or activities within the same general area, the extent to which minors frequent a business connected to the one proposed, and the effect the proposed business has on economic development. I believe the final determination is made by the South Dakota lottery, but at least with respect to two alcoholic beverage license types—on-sale wine and malt beverages—the city can consider these State law criteria with respect to the decision whether to authorize video lottery machine placement in the proposed establishment. No other City ordinance or Home Rule Charter provision is applicable to the decision making. Please let me know if you have any comments or questions concerning this opinion. Discussion: The South Dakota Supreme Court case of Law v. City of Sioux Falls (2011), resolved a number of questions concerning the ability of a municipality to regulate video lottery and in particular the location of video lottery. The Supreme Court ruled: It specifically gave only the executive director [of the State Lottery Commission] the power to approve or disapprove any application for a license. SDCL 42-7A-57. In doing so, it provided that the director consider the application’s proposed location…. In only one statute is a municipality given any power with regard to video lottery. SDCL 42-7A-64 allows a municipality to consider, when issuing two types of on-sale alcoholic beverage licenses, certain factors relevant to the placement of video lottery machines. Municipalities, however, are not given any power to license video lottery establishments, or otherwise control the location of such establishments. See SDCL 42-7A-64. [¶14] Based on the character of the obligations imposed by the Legislature, we see no delegation of power or responsibilities to municipalities and no entrusting to municipalities the control video lottery. Rather, the statutes place all burdens upon the State. Thus, we conclude that South Dakota’s legislative video lottery scheme is sufficiently comprehensive to make reasonable the inference – 2 – MARCH 17, 2021 2 that the Legislature left no room for supplementary regulation of video lottery by municipalities. It is immaterial that the City is governed by a home-rule charter or empowered to enact zoning regulations. SDCL 42-7A-64 is restricted in its application to applicants for a wine retailer alcoholic beverage license and to applicants for malt beverage licenses. In these two limited circumstances, a municipality may consider, in addition to the criteria for the issuance of an on- sale wine or malt beverage license, “the following criteria for authorizing video lottery machine placement issued an on-sale wine or malt beverage license”: (1) The number of establishments currently licensed for video lottery; (2) The proximity of the business to other establishments licensed for video lottery; (3) The type of business and manner in which the applicant proposes to operate it; (4) The location of the business in relation to other businesses, residential areas, or activities within the same general area; (5) The extent to which minors frequent a business connected to the one proposed; and (6) The effect the proposed business has on economic development. The Full Text of the Statute is set forth below: 42-7A-64 Additional criteria for on-sale alcoholic beverage licensees in video lottery licensed establishments. 42-7A-64. Additional criteria for on-sale alcoholic beverage licensees in video lottery licensed establishments. A municipality or county may consider, in addition to the criteria for the issuance of an on-sale alcoholic beverage license, the following criteria for authorizing video lottery machine placement in establishments issued an on-sale alcoholic beverage license pursuant to subdivisions 35-4-2(12) and (16): (1) The number of establishments currently licensed for video lottery; (2) The proximity of the business to other establishments licensed for video lottery; (3) The type of business and manner in which the applicant proposes to operate it; (4) The location of the business in relation to other businesses, residential areas, or activities within the same general area; (5) The extent to which minors frequent a business connected to the one proposed; and (6) The effect the proposed business has on economic development. The governing board shall certify on each application filed with the Department of Revenue for a license granted under subdivisions 35-4-2(12) and (16) whether the business premises is authorized for video lottery machine placement. An existing video lottery license may not be denied renewal or transfer based upon the criteria set forth in this section. The lottery may issue a video lottery license to those establishments certified pursuant to this section. Notwithstanding the above provisions, a county or municipality may not restrict the number of alcoholic beverage licenses issued under subdivisions 35-4-2(12) and (16) and certified for video lottery to a number less than those licensed as video lottery establishments on March 1, 1994. Steve Britzman, City Attorney, opinion on AR 48:02:11:02 April 24, 2020 AR 48:02:11:02. Restrictions on multiple alcoholic beverage licenses. Persons who hold more than one license for the on-sale consumption of alcoholic beverages may have machines placed for each license issued provided the following requirements are met: 1) Separate application, qualification, and fees are submitted and approved for each premises licensed for the on-sale consumption of alcoholic beverages; 2) Separate establishment licenses are issued by the lottery for each premises licensed for the on-sale consumption of alcoholic beverages; 3) Separate and distinct physical facilities are maintained and utilized for the sale and consumption of alcoholic beverages for each establishment license approved by the lottery; 4) No more than one establishment license is issued to any person for the same legally described premises contained in the alcoholic beverage license. Source: 16 SDR 27, effective August 18, 1989. General Authority: SDCL 42-7A-21(16). Law Implemented: SDCL 42-7A-41. City Attorney Opinion Subsections 3 and 4 require separate and distinct physical facilities to be maintained and used for the sale and consumption for each establishment license approved by the lottery. This would mean each establishment must be able to serve alcoholic beverages on its own premises from its own equipment, even if they are housed in the same building with another establishment. Section 4 requires a separate establishment for each legally described premises. A legally described premises, in my opinion, means a separate legal description must pertain to each establishment licensed. A legal description can be created by a “recorded deed” which has been filed in the office of the Register of Deeds, or a plat which identifies each establishment with a separate de scription, such as Lot or Parcel A or Parcel B. A plat must also be recorded in the office of the Register of Deeds to create a legal description. Until a legal description is recorded, it cannot create a subdivision of an existing legal description. Video Lottery State Statues and Administrative Rule SDCL 42-7A-1. Definitions. Terms used in this chapter mean: (6) "Licensed establishment," a bar or lounge owned or managed by an individual, partnership, corporation, or association licensed to sell alcoholic beverages for consumption upon the premises where sold; SDCL 42-7A-37.1. Restrictions on licensed establishment. A business licensed pursuant to subdivisions 35-4-2(12) and (16) may not be a licensed establishment for video lottery placement pursuant to subdivision 42-7A-1(6) unless it is a bar or lounge. For the purposes of this section, a bar or lounge is an enterprise primarily maintained and operated for the selling, dispensing, and consumption of alcoholic beverages on the premises and may also include the sale and service of food. A bar or lounge may be physically connected to another enterprise within the same building, which enterprise may be owned or operated by the same person. There may be interior access between a bar or lounge and a connected enterprise. However, there shall be a floor to ceiling opaque wall separation between the two enterprises. A separation wall may be constructed to provide visual and physical access for employees from areas in the building not open to the public. The bar or lounge shall have a separate entrance and exit. A separate entrance and exit is not required if entrance to the bar may only be obtained from the other distinct enterprise and the public may not enter the other enterprise by first passing through the bar or lounge. All video lottery machines shall be adequately monitored during business hours. Adequate monitoring shall be accomplished by the personal presence of an employee or by an employee using video cameras or mirrors and periodic inspections of the bar or lounge. No new license may be issued to any establishment after July 1, 1992, unless such establishment complies with this section. No license may be renewed to any establishment after July 1, 1993, unless such establishment complies with this section. SDCL 42-7A-44. Rules for placement of video lottery machines--Number limited-- Placement in bar or lounge with on-sale license. The placement of video lottery machines in licensed establishments shall be subject to the rules of the com mission promulgated pursuant to chapter 1-26. No more than ten video lottery machines may be placed in any licensed establishment. The bar or lounge with an on -sale license issued pursuant to subdivision 35-4-2(12) or (16) shall be restricted to persons twenty-one years of age or older. The entrance to the area where video lottery machines are located shall display a sign that the premises are restricted to persons twenty-one years or older. Notwithstanding the restrictions in § 35-4-79, persons under the age of twenty- one may only enter the premises where video lottery machines are located provided they are accompanied by a parent, guardian, or spouse of twenty-one years or older. 42-7A-64. Additional criteria for on-sale alcoholic beverage licensees in video lottery licensed establishments. A municipality or county may consider, in addition to the criteria for the issuance of an on-sale alcoholic beverage license, the following criteria for authorizing video lottery machine placement in establishments issued an on- sale alcoholic beverage license pursuant to subdivisions 35 -4-2(12) and (16): 1) The number of establishments currently licensed for video lottery; 2) The proximity of the business to other establishments licensed for video lottery; 3) The type of business and manner in which the applicant proposes to operate it; 4) The location of the business in relation to other businesses, residential areas, or activities within the same general area; 5) The extent to which minors frequent a business connected to the one proposed; and 6) The effect the proposed business has on economic development. The governing board shall certify on each application filed with the Department of Revenue for a license granted under subdivisions 35-4-2(12) and (16) whether the business premises is authorized for video lottery machine placement. An existing video lottery license may not be denied renewal or transfer based upon the criteria set forth in this section. The lottery may issue a video lottery license to those establishments certified pursuant to this section. Notwithstanding the above provisions, a county or municipality may not restrict the number of alcoholic beverage licenses issued under subdivisions 35-4-2(12) and (16) and certified for video lottery to a number less than those licensed as video lottery establishments on March 1, 1994. Administrative Rules: 48:02:11:01. Location of machines in establishment. All video lottery machines in licensed establishments must be physically located as follows: 1) In the sight and control of the owner, manager, or an employee of the licensed establishment from the location at which alcoholic beverages are dispensed; 2) In an area where alcoholic beverages are regularly dispensed and consumed in the ordinary and usual course of business; 3) In an area that ensures public access to the machines is restricted to persons legally entitled by age to be on the premises; 4) In an area which is at all times monitored by the owner, manager, or employee of the licensed establishment to prevent access or play of video lottery machines by persons under the age of 21. 48:02:11:02. Restrictions on multiple alcoholic beverage licenses. Persons who hold more than one license for the on-sale consumption of alcoholic beverages may have machines placed for each license issued provided the following requirements are met: 1) Separate application, qualification, and fees are submitted and approved for each premises licensed for the on-sale consumption of alcoholic beverages; 2) Separate establishment licenses are issued by the lottery for each premises licensed for the on-sale consumption of alcoholic beverages; 3) Separate and distinct physical facilities are maintained and utilized for the sale and consumption of alcoholic beverages for each establishment license approved by the lottery; 4) No more than one establishment license is issued to any person for the same legally described premises contained in the alcoholic beverage license. 48:02:05:05. Duties of licensed establishments. Specific duties of owners, managers, and designated employees of licensed establishments are as follows: 1) Provide a secure premise for the placement, operation, and play of video lottery machines; 2) Permit no one to tamper with or interfere with the approved operation of any video lottery machine; 3) Ensure that communication lines to the video lottery machines are at all times connected and prevent any person from tampering or interfering with the approved, continuing operation of the lines; 4) Contract only with persons authorized under this title to directly share in revenues generated from net machine income; 5) Ensure that video lottery machines are placed and remain as placed within the sight and control of the owner, manager, or designated employee while engaging in the actual dispensing of alcoholic beverages from the location where alcoholic beverages are dispensed; 6) Ensure that video lottery machines are placed and remain as placed in the specific area of the licensed establishment where alcoholic beverages are regularly dispensed and consumed in the ordinary and usual course of business; 7) Monitor video lottery machines to prevent access to or play by persons who are under the age of 21 years or who are visibly intoxicated; 8) Commit no violations of the laws of this state concerning the sale, dispensing, and consumption on premises of alcoholic beverages that results in suspension or revocation of its license; 9) Maintain at all times change and cash in the denominations accepted by the video lottery machines located in the establishment; 10) Extend no credit for video lottery machine play; 11) Pay all credits upon presentment of a valid winning ticket in accordance with SDCL 42-7A-37 and chapter 48:02:12; 12) Exercise caution and good judgment in providing cash for checks presented for video lottery machine play; 13) Report promptly all malfunctions of video lottery machines to the operator and notify the lottery of an operator's failure to provide service and repair of machines and associated equipment as required under this title; 14) Conduct advertising and promotional activities of the video lottery in acc ordance with decency, dignity, honesty, and good taste so that it does not reflect adversely on the lottery or the state of South Dakota; 15) Install, post, and display prominently at locations within or about the premises signs, redemption information, and other promotional material as required by the lottery. Use of the trademarked video lottery logo must be approved by the lottery; 16) Immediately notify operators of all out-of-service machines; and 17) Immediately notify the lottery of an operator's failure to respond within 24 hours after notice to the operator of an out-of-service machine. NOTICE OF PUBLIC HEARING On-Off Sale Malt License – MG Oil Company dba Corner Pantry #24-B. NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of Brookings, South Dakota, on March 23, 2021, at 6:00 p.m. in the Brookings City & County Government Center Chambers, 520 Third Street, will meet in regular session to consider an application for the issuance of an On-Off Sale Malt License, with Video Lottery, for MG Oil Company dba Corner Pantry #24-B of Brookings, Troy & Marilyn Erickson, owners, 606 6th Street, Suite B, Brookings, South Dakota, legal description: Lots 5-6-7, Block 11, Second Addition, Suite B. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated at Brookings, South Dakota, this 15th day of March, 2021. Bonnie Foster, City Clerk Published time(s) at an approximate cost $ . B rook ings County, SD Developed by Par cel ID 405300110000500 Sec/T wp/Rng -- Pr oper ty Address 606 6TH ST BROOKINGS Alter nate ID n/a Class NADC Acr eage n/a Ow ner Addr ess MG OIL C O MPANY 1180 C REEK DR RAPID C ITY SD 57703 Distr ict 4001 Br ief T ax Descr iption SEC OND ADDITION, LOTS 5-6-7, BLK 11 150 X 195 (Note: Not to be used on leg a l documents) Date created: 3/5/2021 Last Data Uploa ded: 3/5/2021 8:04:34 AM 118 ft Overvi ew Legend Br ookings City Limits City L imits T ow nship Boundar y Sections Parcels # Video Business Owner Lottery Machines 1 BP of Brookings, Inc., Suite 1 Lance Park/Dan Park 10 2 BP of Brookings, Inc. Suite 2 Lance Park/Dan Park 10 3 Buffalo Wild Wings Bar & Grill Todd & Susan LaHaise 2 4 Carpy's Pub George Faehnrich 10 5 Casino 2000 Brooks Behrend 10 6 Corner Pantry (MG Oil)MG Oil Co/Marlyn Erickson 10 7 Cubby's Sports Bar & Grill (GDT Inc.)Gus Theodosopoulos 7 8 Danny's David Olson 10 9 The Depot Mike McClemans 10 10 Deuces Casino, Suite 105A (Common Wealth Gaming & Holdings, Co.)Bryant Soberg & Kirby Muilenburg 10 11 Deuces Casino, Suite 105B (Common Wealth Gaming & Holdings, Co.)Bryant Soberg & Kirby Muilenburg 10 12 Deuces Casino, Suite 105C (Common Wealth Gaming & Holdings, Co.)Bryant Soberg & Kirby Muilenburg 10 13 4 Aces Casino (SVK Properties), Suite A Todd Voss 10 14 4 Aces Casino (SVK Properties), Suite B Todd Voss 10 15 4 Aces Casino (SVK Properties), Suite C Todd Voss 10 16 Jim's Tap Don Urquhart 3 17 The Lanes (MG Oil Co. ) MG Oil Co/Marlyn Erickson 10 18 The Lanes (MG Oil Co.), Suite B MG Oil Co/Marlyn Erickson 10 19 The Lanes(MG Oil Co.) , Suite C MG Oil Co/Marlyn Erickson 10 20 The Lodge (Den Wil Hospitality Group, Inc.)Dennis Bielfeldt 3 21 Main Street Pub Garner Hansen 4 22 9 Bar Nightclub (Nine Inc.)Gus Theodosopoulos 5 23 Pints & Quarts Kevin Raab 3 24 PNP Pub (Schoon's Pub Inc.)Schoon's Pub Inc/Jon Schoon 10 25 Ray's Corner (Fergen Enterprises Inc.)Mike Fergen 10 26 Schoon's Pump N' Pak South (Schoon's Properties Inc.)Schoon's Pub Inc/Jon Schoon 10 27 Skinner's Pub Greg & Shari Thornes 9 28 South Main Casino & Pub (SVK Properties, LLC)Todd Voss 10 29 Sully's Irish Pub (B&L Sullivan Inc.)Brennan & Lori Sullivan 7 30 VFW Geo Dokken Post 2118 Darwin Tolzen 3 31 The Wild Hare (Wonder, Inc.)T.Voss, D. Kneip, G. Kneip 10 TOTAL 256 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 21-025,Version:1 Action on Resolution 21-025, a Resolution Vacating Lot H-1 in SE ¼ of Section 36, Township 110 North, Range 50 West. Summary: This resolution will vacate a lot intended for future highway purposes that has not been utilized in 40 years and authorize the City to execute a land transfer to the adjacent landowner. Background: In 1981, the City acquired Lot H-1 in the Southeast ¼ of Section 36, Township 110 North, Range 50 West for highway purposes. The lot is located along 22nd Avenue between the Americana Addition and Hyland Addition. The Hyland Addition has since been developed into twin homes and condominiums and the Americana Addition is a single-family residential development. The acquisition of the lot was for highway purposes, however, street construction did not progress west of 22nd Avenue. Rather, 12th Street South provides an east/west connection between 22nd Avenue and 17th Avenue and 15th Street South provides access to the Americana Addition. Fiscal Impact: None. Recommendation: The Development Review Team (DRT) reviewed the proposal and supports vacating and transferring the lot. Staff recommends approval of the resolution as presented. Attachments: Memo Resolution Notice Petition to Vacate Plat Exhibit Map City of Brookings Printed on 3/18/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Mike Struck, Community Development Director Council Meeting: March 23, 2021 Subject: Vacation of Lot H-1 Person(s) Responsible: Mike Struck, Community Development Director Summary: This resolution will vacate a lot intended for future highway purposes that has not been utilized in 40 years and authorize the City to execute a land transfer to the adjacent landowner. Background: In 1981, the City acquired Lot H-1 in the Southeast ¼ of Section 36, Township 110 North, Range 50 West for highway purposes. The lot is located along 22nd Avenue between the Americana Addition and Hyland Addition. The Hyland Addition has since been developed into twin homes and condominiums and the Americana Addition is a single-family residential development. The acquisition of the lot was for highway purposes; however, street construction did not progress west of 22nd Avenue. Rather, 12th Street South provides an east/west connection between 22nd Avenue and 17th Avenue and 15th Street South provides access to the Americana Addition. Item Details: A petition to vacate Lot H-1 was received by Denholm Addition LLC, the developer of the Americana Addition. The lot is thirty-seven (37’) feet by thirty (30’) feet or 1,110 square feet. The lot is no longer needed for highway purposes and if approved, the lot would revert back to the original owners. Due to the original owners no longer owning the land, the vacation would be transferred to the adjacent property owner, which is Denholm Addition LLC. Denholm Addition LLC would replat Lot 4A, incorporating the 37’ x 30’ area into the northeast corner. Legal Consideration: City Attorney Britzman prepared the resolution based upon the legal research conducted. The resolution would vacate the Lot H-1 and authorize the City to execute a land transfer to Denholm Addition LLC. Strategic Plan Consideration: None. Financial Consideration: None. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a work session 5. Do nothing The Development Review Team (DRT) has reviewed the proposal and supports the vacating and transfer of the Lot H-1. Staff recommends approval of the resolution as presented. Supporting Documentation: Memo Resolution Notice Petition to Vacate Plat Exhibit Map Resolution No. 21-025 WHEREAS, a Petition for Vacation of Lot H-1 in the Southeast Quarter (SE¼) of Section Thirty-six (36), Township One Hundred Ten (110) North, Range Fifty (50) West of the 5th P.M., City of Brookings, County of Brookings, State of South Dakota has been filed, the purpose of which is to request that Lot H-1 be vacated because the Lot which is the subject of the Petition has never been used for street or highway purposes, and is not required for public transportation, street or highway purposes. The area of Lot H-1 is approximately .25 acres in size, and was originally conveyed to the City for highway purposes. The area is more suitable for residential and utility easement purposes. The real property proposed to be vacated is described as follows: Lot H-1 in the Southeast Quarter (SE¼) of Section Thirty- six (36), Township One Hundred Ten (110) North, Range Fifty (50) West of the 5th P.M., City of Brookings, County of Brookings, State of South Dakota, and WHEREAS, the Deed currently held by the City, considered as a whole, contains a reversionary clause which indicates that the City only possesses an easement for highway purposes which is subject to reversion if the property is not used for highway purposes. The Deed was obtained nearly 40 years ago, and no use as a highway has been necessary or is now required. Therefore, this parcel is suitable for reversion to the owner of the underlying property, which is Denholm Addition LLC, and WHEREAS, Notice of Public Hearing of the aforesaid Petition for Vacation was given and the Petition was heard and considered by the City Council on Tuesday, March 23, 2021 at 6:00 o'clock P.M., at the Chambers of the City of Brookings, and the City Council having considered the public comment and weighed any objections to the Petition, NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Brookings, South Dakota that the above-described Lot H-1 is not required for highway purposes and is therefore hereby vacated, and the Mayor, City Manager and City Clerk are authorized to convey Lot H-1 to Denholm Addition LLC, the adjoining and underlying owner, subject to the reservation of a utility easement in the North Ten Feet (N 10') of the above-described property. Dated this 23rd day of March, 2021. CITY OF BROOKINGS, SOUTH DAKOTA Keith Corbett, Mayor ATTEST: Bonnie Foster, City Clerk If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON PETITION FOR VACATION OF LOT H-1 IN AMERICANA ADDITION NOTICE IS HEREBY GIVEN that Denholm Addition LLC has filed a petition to vacate Lot H-1 located in Americana Addition in the City of Brookings, and described as follows: Lot H-1 in the Southeast Quarter (SE¼) of Section Thirty-six (36), Township One Hundred Ten (110) North, Range Fifty (50) West of the 5th P.M., City of Brookings, County of Brookings, State of South Dakota. NOTICE IS FURTHER GIVEN that said petition will be considered with possible action by the City Council at 6:00 p.m. on March 23, 2021, at the City Council Chambers, Brookings City & County Government Center, 520 Third Street, Brookings, South Dakota. Any person interested may appear and be heard on this matter. Dated this 5th day of March, 2021. CITY OF BROOKINGS Bonnie Foster, City Clerk 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 21-0140,Version:1 Action on the City of Brookings 2021-2026 City Council Strategic Plan. Summary: The City of Brookings Strategic Plan is a guiding document utilized to attain desired outcomes for the community. Key focus areas prioritize goals and policies that will assist in attainment. Annually, the City Council updates the strategic plan. Staff presents the revised plan for adoption and implementation. Background: In 2018, the City Council set the process for a five-year strategic plan. Annually, the City Council reviews the document for revisions. The living document should be reflective of the change in Council and community. Many of the projects and objectives outlined in the initial plan transitioned to the new list. The strategic plan is one of many documents that assist in guiding operations, policy, and strategy to attain this community's dreams. Recommendation: Staff recommends approval. Attachments: Memo 2021-2026 City Council Strategic Plan City of Brookings Printed on 3/18/2021Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Paul M. Briseno, City Manager Council Meeting: March 23, 2021 Subject: 2021-2026 City Council Strategic Plan Person(s) Responsible: Paul Briseno, City Manager Summary: The City of Brookings Strategic Plan is a guiding document utilized to attain desired outcomes for the community. Key focus areas prioritize goals and policies that will assist in attainment. Annually the City Council updates the strategic plan. Staff presents the revised plan for adoption and implementation. Background: In 2018 the City Council set the process for a five-year strategic plan. Annually the City Council reviews the document for revisions. The living document should be reflective of the change in Council and community. Many of the projects and objectives outlined in the initial plan transitioned to the new list. The strategic plan is one of many documents that assist in guiding operations, policy, and strategy to attain this community's dreams. Annually Council will reflect and update the plan annually. Discussion: The updated 2021-2026 City Council Strategic Plan contains five focus areas that include:  Fiscal Responsibility  Safe, Inclusive, and Connected Community  Service and Innovation Excellence  Sustainability  Economic Growth Within the plan, focus statements guide the prioritized policies or projects. Every Council meeting, staff will update memos to reflect one of the five focus strategy areas to ensure constant commitment to the plan. Internally the document is reviewed quarterly to monitor success. The City’s website will be updated with the most current plan if approved. In April, staff will unveil a new interactive performance management system. The system will be founded on the focus areas and give greater detail of nationally recognized metrics for each department. The new program will be part of a continuous improvement that reflects on the past five years to incorporate effective and innovative opportunities. Legal Consideration: None. Financial Consideration: None. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Refer to a Study Session 5. Do nothing Staff recommends approval of the 2021-2026 City Council Strategic Plan Supporting Documentation: 2021-2026 City Council Strategic Plan City of Brookings 0 | Page 2020 Budget Book 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 21-0151,Version:1 City of Brookings Progress Report. Summary: Jacob Meshke, Assistant City Manager, will provide a progress report highlighting the City’s activities/projects. Attachments: Presentation City of Brookings Printed on 3/18/2021Page 1 of 1 powered by Legistar™ 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 21-0153,Version:1 Executive Session, pursuant to SDCL 1-25-2.5, for Consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters; and for discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business. SDCL 1-25-2. Executive or closed meetings--Purposes--Authorization--Violation as misdemeanor. Executive or closed meetings may be held for the sole purposes of: 1.Discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term, employee, does not include any independent contractor; 2.Discussing the expulsion, suspension, discipline, assignment of or the educational program of a student or the eligibility of a student to participate in interscholastic activities provided by the South Dakota High School Activities Association; 3.Consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters; 4.Preparing for contract negotiations or negotiating with employees or employee representatives; 5.Discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business; or 6.Discussing information listed in subdivisions 1-27-1.5(8) and 1-27-1.5(17). However, any official action concerning such matters shall be made at an open official meeting. An executive or closed meeting shall be held only upon a majority vote of the members of the public body present and voting, and discussion during the closed meeting is restricted to the purpose specified in the closure motion. Nothing in § 1-25-1 or this section prevents an executive or closed meeting if the federal or state Constitution or the federal or state statutes require or permit it. A violation of this section is a Class 2 misdemeanor. Source: SL 1965, ch 269; SL 1980, ch 24, § 10; SL 1987, ch 22, § 1; SL 2014, ch 90, § 2; SL 2019, ch 2, § 1. City of Brookings Printed on 3/22/2021Page 1 of 1 powered by Legistar™