HomeMy WebLinkAbout2020_03_10 CC PKTCity Council
City of Brookings
Meeting Agenda
Brookings City Council
Brookings City & County
Government Center
520 3rd St., Suite 230
Brookings, SD 57006
Phone: (605) 692-6281
Fax: (605) 692-6907
"We are an inclusive, diverse, connected community that fuels the creative class, embraces sustainability
and pursues a complete lifestyle. We are committed to building a bright future through dedication,
generosity and authenticity. Bring your dreams!"
Council Chambers5:00 PMTuesday, March 10, 2020
The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse
economic base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal
management.
5:00 PM EXECUTIVE SESSION
1. Call to Order / Pledge of Allegiance.
2. Record of Council Attendance.
3.ID 20-0125 Executive Session, pursuant to SDCL 1-25-2, for 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.
Action: Motion to enter into Executive Session, Voice Vote
Action: Motion to exit Executive Session, Voice Vote
6:00 PM REGULAR MEETING
4. 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.
4.A. Action to approve the agenda.
Page 1 City of Brookings
March 10, 2020City Council Meeting Agenda
4.B.ID 20-0113 Action to approve the February 25, 2020 City Council minutes.
2/25/2020 MinutesAttachments:
4.C.ID 20-0114 Action on appointments to City Boards, Committees and Commissions.
4.D.RES 20-026 Action on Resolution 20-026, a Resolution designating Vote Center
locations, and the appointment of Election Superintendents and Judges for
the April 14, 2020 Combined School/Municipal Election.
ResolutionAttachments:
4.E.RES 20-030 Action on Resolution 20-030, a Resolution designating the Mayor as
Certifying Officer for ICAP Self-Help Homeownership Opportunity
Program.
ResolutionAttachments:
4.F.RES 20-027 Action on Resolution 20-027, a Resolution declaring surplus property for
the City of Brookings.
ResolutionAttachments:
5. Items removed from Consent Agenda.
Action: Motion to Approve, Request Public Comment, Roll Call
6. Open Forum/Presentations/Reports:
6.A. Open Forum.
At this time, any member of the public may request time on the agenda for an item not
listed. Items are typically scheduled for the end of the meeting; however, very brief
announcements or invitations will be allowed at this time.
6.B. SDSU Student Association Report.
6.C.ID 20-0126 Presentation of a Proclamation recognizing March 2020 as Developmental
Disability Awareness Month.
ProclamationAttachments:
6.D.ID 2019-0521 Mayor’s Annual State of the City Message.
State of the City 2019Attachments:
7. Contracts/Change Orders:
7.A.RES 20-022 Action on Resolution 20-022, a Resolution Awarding Bids on 2020-07STI,
Freight On Board Asphalt Material.
Memo
Resolution
Attachments:
Page 2 City of Brookings
March 10, 2020City Council Meeting Agenda
Action: Motion to Approve, Request Public Comment, Roll Call
7.B.RES 20-023 Action on Resolution 20-023, a Resolution Awarding Bids on 2020-06STI,
Chip Seal Project.
Memo
Resolution
Map
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
7.C.RES 20-024 Action on Resolution 20-024, a Resolution Awarding Bids on 2020-05STI,
Moriarty Park Drainage Improvements.
Memo
Resolution
Map
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
8. Ordinance First Readings: None
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.
9. Public Hearings and Second Readings:
9.A.ORD 20-004 Second Reading and Action on Ordinance 20-004, an Ordinance
Authorizing Supplemental Appropriation #3 to the 2020 Budget.
Memo
Ordinance
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
Legislative History
2/25/20 City Council read into the record
9.B.ID 20-0112 Public Hearing and Action on the transfer of an On-Off Sale Malt License
for Yessica’s Restaurant from Yessica Argueta, owner, to Edwin Alvarez,
owner, 1300 Main Ave. So., Brookings, South Dakota, legal description:
Lot 1 excluding S 92' of W 40', Block 3, Fishback Second Addition.
Memo
Notice of Public Hearing
Attachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
9.C.RES 20-025 Public Hearing and Action on Resolution 20-025, a Resolution authorizing
the City Manager to enter into an Operating Agreement for a Wine License
for Yessica’s Restaurant, Edwin Alvarez, owner, 1300 Main Ave. So.,
Brookings, SD, legal description: Lot 1 excluding S 92' of W 40', Block 3,
Fishback Second Addition.
Page 3 City of Brookings
March 10, 2020City Council Meeting Agenda
Memo
Resolution
Operating Agreement
Notice of Public Hearing
Attachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
9.D.RES 20-028 Public Hearing and Action on Resolution 20-028, a Resolution of Intent to
Lease Real Property to the Brookings Backpack Program.
Memo
Resolution
Lease Agreement
Notice of Public Hearing
Attachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
9.E.RES 20-029 Public Hearing and Action on Resolution 20-029, a Resolution of Intent to
Lease Real Property to Northern Plains Power Technologies.
Memo
Resolution
Lease Agreement
Notice of Public Hearing
Attachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
10. Other Business:
10.A.RES 20-018 Action on Resolution 20-018, a Resolution Authorizing the City Manager to
Sign a Memorandum of Understanding between the City of Brookings and
Brookings County for the 20th Street South BUILD Project.
Memo
Resolution
MOU City-County
Map
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
11.ID 20-0124 City of Brookings Progress Report.
PresentationAttachments:
12. 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.
13.ID 20-0120 Executive Session, pursuant to SDCL 1-25-2, for discussing the
qualifications, competence, performance, character or fitness of any public
Page 4 City of Brookings
March 10, 2020City Council Meeting Agenda
officer or employee or prospective public officer or employee. The term,
employee, does not include any independent contractor.
Action: Motion to enter into Executive Session, Voice Vote
Action: Motion to exit Executive Session, Voice Vote
14.ID 20-0088 Action on 2020 City Manager Compensation Package.
Action: Motion to Approve, Request Public Comment, Roll Call
Legislative History
2/18/20 City Council withdrawn
15. Adjourn.
Brookings City Council: Keith Corbett, Mayor; Patty Bacon, Deputy Mayor
Council Members Leah Brink, Dan Hansen, Ope Niemeyer, Holly Tilton Byrne, and Nick Wendell
Council Staff:
Paul M. Briseno, City Manager Steven Britzman, City Attorney Bonnie Foster, City Clerk
View the City Council Meeting Live on the City Government Access Channel 9.
Rebroadcast Schedule: Wednesday 1:00pm/Thursday 7:00pm/Friday 9:00pm/Saturday 1:00pm
The complete City Council agenda packet is available on the city website: www.cityofbrookings.org
Assisted Listening Systems (ALS) are available upon request by contacting (605) 692-6281. If you require
additional assistance, alternative formats, and/or accessible locations consistent with the Americans with
Disabilities Act, please contact Susan Rotert, City Human Resources Director and ADA Coordinator at (605)
692-6281 at least three working days prior to the meeting.
Page 5 City of Brookings
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 20-0125,Version:1
Executive Session, pursuant to SDCL 1-25-2, for 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.
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 3/5/2020Page 1 of 1
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City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 20-0113,Version:1
Action to approve the February 25, 2020 City Council minutes.
Attachments:
2/25/2020 Minutes
City of Brookings Printed on 3/5/2020Page 1 of 1
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Brookings City Council
February 25, 2020 (unapproved)
The Brookings City Council held a meeting on Tuesday, February 25, 2020 at 6:00 PM,
at City Hall with the following City Council members present: Council Members, Holly
Tilton Byrne, Nick Wendell, Leah Brink, Dan Hansen and Ope Niemeyer. Absent: Mayor
Keith Corbett and Council Member Patty Bacon. 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 Tilton Byrne, seconded by
Council Member Brink, to approve the Consent Agenda. The motion carried by the
following vote: Yes: 5 - Niemeyer, Hansen, Brink, Wendell, and Tilton Byrne; Absent: 2 -
Corbett and Bacon.
3.A. Action to approve the agenda.
3.B. Action to approve the February 11 and February 18, 2020 City Council
Minutes.
3.C. Action to cancel the April 7, 2020 City Council Meeting.
Open Forum. Diane Fjerstad inquired about the SDSU student planes flying pattern
and why it is allowed to be over residential areas. Jackie Lanning, City Engineer, will
visit with Diane at a later date.
SDSU Student Association Report. Hattie Seten, SDSU Students Association
Government Affairs Chair, provided an update on SDSU happenings to the City Council
and public.
Award in Excellence in Concrete Paving. The City of Brookings received an Award
in Excellence in Concrete Paving from the South Dakota Chapter of the American
Concrete Pavement Association 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 concrete shared use
path, replacement of underground utilities, traffic signal upgrades, and new street
lighting. The project was designed by Civil Design, Inc., and was completed in early
2020.
Jason Reaves, Executive Vice President of the SD Chapter of the American Concrete
Pavement Association, presented the award to the City of Brookings. The project
category for the award is Municipal Streets & Intersections (under 30,000 Square
Yards). Any concrete pavement project in the state of South Dakota qualifies for the
award. This project will be submitted to the National American Concrete Paveme nt
Association for judging in the national pool of projects for that category.
4th Quarter CFO Report. Chief Financial Officer, Erick Rangel, presented the 4th
Quarter Financial Report to the City Council and members of the public.
Department Presentation. Chelsie Bakken, Public Information Officer, presented a
Marketing Department overview to the City Council and members of the public.
Resolution 20-006. A motion was made by Council Member Niemeyer, seconded by
Council Member Tilton Byrne, that Resolution 20-006, a Resolution awarding the bid for
Landfill 3W Cell Construction to Veit & Company, Inc. of Rogers, Minnesota, be
approved. The motion carried by the following vote: Yes: 5 - Niemeyer, Hansen, Brink,
Wendell, and Tilton Byrne; Absent: 2 - Corbett and Bacon.
Resolution 20-006 - Resolution Awarding Bid for Landfill 3W Cell Construction Project
to Veit & Company, Inc. of Rogers, Minnesota
Whereas, the City of Brookings opened bids for the Landfill 3W Cell Construction
Project on Tuesday, February 4, 2020 at 1:30 pm at the Brookings City & County
Government Center; and
Whereas, the City of Brookings has received the following bid for the Landfill 3W Cell
Construction Project from: Veit & Company Inc., Rogers, MN in the amount of
$1,897,820.00; Rounds Construction Inc., Brookings, SD in the amount of
$1,962,684.35; Lidel Construction Inc., Sioux Falls, SD in the amount of $3,793,607.00.
Now, Therefore, Be It Resolved that the low bid of $1,897,820.00 from Veit & Company
Inc. of Rogers, MN be accepted.
FIRST READING – Ordinance 20-004. Introduction and First Reading was held on
Ordinance 20-004, an Ordinance Authorizing Supplemental Appropriation #3 to the
2020 Budget. Public Comment: Diane Fjerstad. Second Reading: March 10, 2020.
Temporary Alcohol Application. A public hearing was held on a Temporary Alcohol
Application from Aramark Educational Services, LLC, to operate within the City of
Brookings, South Dakota for a wedding reception to be held March 6, 2020 at the SDSU
Alumni Center Woster Celebration Hall, 815 Medary Ave. A motion was made by
Council Member Tilton Byrne, seconded by Council Member Brink, that the Temporary
Alcohol Application be approved. The motion carried by the following vote: Yes: 5 -
Niemeyer, Hansen, Brink, Wendell, and Tilton Byrne; Absent: 2 - Corbett, and Bacon.
Resolution 20-016. A public hearing was held on Resolution 20 -016, a Resolution
authorizing the City Manager to enter into an Operating Agreement for an On -Off Sale
Wine License for Eponymous Brewing Company, Sean Weber, Kyle McElhany, Kyle
Weber, Dan Weber, Dave Weber, and Kyle Halgerson, owners, 126 Main Ave. So.,
Brookings, SD, legal description: Lots 1, 2 and 3, Block 4, Folsom Addition. A
motion was made by Council Member Brink, seconded by Council Member Niemeyer,
that Resolution 20-016 be approved. The motion carried by the following vote:
Yes: 5 - Niemeyer, Hansen, Brink, Wendell, and Tilton Byrne ; Absent: 2 - Corbett and
Bacon.
Resolution 20-016 - Eponymous Brewing Company
On-Off Sale Wine Operating Agreement
Now, Therefore, Be It Resolved by the City of Brookings, South Dakota, that the City
Council hereby approves a Lease Agreement for the Operating Management
Agreement for Wine between the City of Brookings and Eponymous Brewing Company,
Sean Weber, Kyle McElhany, Kyle Weber, Dan Weber, Dave Weber, and Kyle
Halgerson, owners, for the purpose of a manager to operate the on-sale establishment
or business for and on behalf of the City of Brookings at 126 Main Ave. So.: legal
description: Lots 1, 2 and 3, Block 4, Folsom Addition.
Now, Therefore, Be It Further Resolved that the City Manager be authorized to execute
the Agreement on behalf of the City, which shall be for a period of five (5) years and
renewal for another five (5) years.
Resolution 20-021. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Wendell, that Resolution 20-021, a Resolution Providing Financial
Commitment for a Reserve from Three B Tax surplus to fund the SDSU Visitor
Promotional Fund, be approved. Public comment: Hattie Seten. The motion carried by
the following vote: Yes: 5 - Niemeyer, Hansen, Brink, Wendell, and Tilton Byrne;
Absent: 2 - Corbett and Bacon.
Resolution 20-021 - A Resolution Establishing a Reserve Fund of the
2019 Surplus Third B Tax Revenues for SDSU Visitor Promotional Expenditures
Whereas, the City of Brookings desires to support SDSU events and projects that
positively impact the local economy; and
Whereas, the 2019 Third B Sales Tax revenues were greater than expected, likely
resulting from a onetime increase, which led to surplus revenue; and
Whereas, the City of Brookings will commit an additional $7,000 in these Third B Sales
Tax revenues for the SDSU Visitor Promotion Fund for 2020; and
Whereas, the City of Brookings will commit $30,000 in these Third B Sales Tax
revenues to be placed in an SDSU Visitor Promotion Reserve Fund for 2021
expenditures.
Now Therefore, Be It Resolved that the City Council of the City of Brookings directs the
Finance Department of the City to establish the SDSU Visitor Promotion Reserve Fund
with the $30,000 commitment as described herein.
Resolution 20-020. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Brink, that Resolution 20-020, a Resolution authorizing the City
Manager to sign Fire Department Mutual Aid Agreements, be approved. The motion
carried by the following vote: Yes: 5 - Niemeyer, Hansen, Brink, Wendell, and Tilton
Byrne; Absent: 2 - Corbett, and Bacon.
Resolution 20-020 - Resolution for signage of the
Fire Department Mutual Aid Agreements
Whereas, the City of Brookings recognizes that emergencies may require assistance in
the form of personnel, equipment, and supplies from fire departments in Brookings
County to manage fires or other disasters; and
Whereas, the City of Brookings recognizes that in emergencies other fire departments
in Brookings County may also require assistance in the form of personnel, equipment,
and supplies from the City of Brookings, Fire Department to manage fires or other
disasters; and
Whereas, the City of Brookings recognizes the benefit of a Mutual Aid Agreement to
establish procedures and administration with other fire department entities.
Now, Therefore, Be It Resolved that the City Council of the City of Brookings, South
Dakota, that the City Manager be authorized to sign the Fire Department Mutual Aid
Agreements.
AGREEMENT FOR COUNTYWIDE AUTOMATIC MUTUAL AID SERVICES
Agreement made January 1, 2020, among the below listed signatories to this
agreement.
The parties to this Agreement, in consideration of the mutual covenants and stipulations
set out herein, agree as follows:
SECTION ONE
The purpose of this agreement is to secure to each, and one to the other of the parties,
the benefits of countywide automatic mutual aid emergency response coverage for the
protection of life and property from hazardous materials, natural and man -made
phenomena, and fire-fighting.
SECTION TWO
Upon receipt of a reported fire in the dual response area of the Brookings Fire
Department (the requesting organization), the other party (the responding organization)
shall be automatically dispatched and shall respond with firefighting equipment and
personnel to any point within the dual response area for f ire protection.
SECTION THREE
1. Requesting Organization
a. Countywide automatic mutual aid shall be indicated when any fire
department within Brookings County, but outside of that fire department’s
municipal area, has any reported structural fire. The 911 Dispatch Center
shall automatically notify and dispatch all other county fire departments.
2. Responding Organization
a. An authorized official from each of the responding organizations shall
authorize the response of one water tender and personnel to operate the
equipment, provided the responding agency has adequate equipment and
personnel available.
b. The responding organizations shall report to the officer-in-charge of the
requesting organization at the locations to which the equipment is
dispatched and as a unit shall be subject to the orders of that official.
However, the individual members of the unit of the responding
organization shall at times be subject to the control and direction of the
officer-in-charge of the responding organization, and in assisting the
organization, shall at all times be subject to the control and direction of the
officer-in-charge of the responding organization, and in assisting the
requesting organization, shall at all times and for all purposes be
considered as performing their duties under the control and under the
direction of the responding organization.
c. A responding organization shall be released by the requesting
organization when the services of the responding organization are no
longer required, or when the responding organization is needed within the
area for which it normally provides fire protection.
SECTION FOUR
Each party agrees to hold each other party harmless from any and all claims for liability
including attorney fees arising out of any services furnished under this agreement, and
for bodily injury or property damages arising out of services furnished under this
agreement.
SECTION FIVE
No party shall be reimbursed by any other party for any costs incurred pursuant to this
agreement.
SECTION SIX
This agreement shall expire on January 1, 2030.
AGREEMENT FOR MUTUAL AID SERVICES
Agreement made January 1, 2020, among the below listed signatories to this
agreement.
The parties to this Agreement, in consideration of the mutual covenants and stipulations
set out herein, agree as follows:
SECTION ONE
The purpose of this agreement is to secure to each, and one to the other of the parties,
the benefits of mutual aid emergency response coverage for the protection of life and
property from hazardous materials, natural and man-made phenomena, and fire-
fighting.
SECTION TWO
Upon request by one of the parties (the requesting organization), any other party (the
responding organization) shall dispatch firefighting equipment and personnel to any
point within the area for which the requesting organization normally provides fire
protection.
SECTION THREE
1. Requesting Organization
a. Any request for aid from an authorized official shall include a statement of
the amount and type of equipment and number of personnel requested,
and it shall specify the location to which the equipment and personnel are
to be dispatched.
2. Responding Organization
a. The amount and type of equipment and the number of personnel to be
furnished shall be determined by an authorized official of the responding
organization.
b. The responding organizations shall report to the officer-in-charge of the
requesting organization at the locations to which the equipment is
dispatched and as a unit shall be subject to the orders of that official.
However, the individual members of the unit of the responding
organization shall at times be subject to the control and direction of the
officer-in-charge of the responding organization, and in assisting the
organization, shall at all times be subject to the control and direction of the
officer-in-charge of the responding organization, and in assisting the
requesting organization, shall at all times and for all purposes be
considered as performing their duties under the control and under the
direction of the responding organization.
c. A responding organization shall be released by the requesting
organization when the services of the responding organization are no
longer required, or when the responding organization is needed within the
area for which it normally provides fire protection.
SECTION FOUR
Each party agrees to hold each other party harmless from any and all claims for liability
including attorney fees arising out of any services furnished under this agreement, and
for bodily injury or property damages arising out of services furnished under this
agreement.
SECTION FIVE
No party shall be reimbursed by any other party for any costs incurred pursuant to this
agreement.
SECTION SIX
This agreement shall expire on January 1, 2030.
Resolution 20-017. A motion was made by Council Member Niemeyer, seconded by
Council Member Wendell, that Resolution 20-017, a Resolution Establishing Criteria for
Building in the Public Right-of-Way in the City of Brookings, South Dakota, be approved.
The motion carried by the following vote: Yes: 5 - Niemeyer, Hansen, Brink, Wendell,
and Tilton Byrne; Absent: 2 - Corbett and Bacon.
Resolution 20-017 - A Resolution Establishing Certain Criteria for Building in the Public
Right-of-Way in the City of Brookings, South Dakota
Whereas, the City of Brookings adopted Ordinance 24-04, amending Chapter 74 of the
Code of Ordinances of the City of Brookings to permit, in certain circumstances, building
in the public right-of-way; and
Whereas, the City of Brookings has determined the need for criteria if building in the
public right-of-way is permitted and that these criteria should be revised as follows:
1. The applicant shall explore other alternatives that might remove the need for the
use of public property.
2. Applicant is required to have the property surveyed by a licensed land surveyor
to determine actual location of property lines.
3. Applicant shall apply for a permit and include an accurate site plan showing exact
location of the proposed structure and the severity of the intended encroachment
into the public right-of-way.
4. Applicant shall provide a proof of liability insurance policy with a hold harmless
clause for the life of the structure located in the public right-of-way. This
requirement shall also apply to succeeding owners, specifically indemn ifying the
City of Brookings from any liability resulting from the construction and location of
the structure in the public right-of-way. Prior to transfer of property which includes
a structure in the public right-of-way, the seller shall notify the buyer of the liability
policy requirement.
5. The encroachment must not diminish sight lines at any sidewalk and street
intersection.
6. An encroachment into the public right-of-way may be allowed on a case by case
basis, provided the public sidewalk is otherwise maintained in compliance with
the Americans with Disabilities Act.
7. Said encroachment in the public right-of-way shall be removed if the principal
building is removed or destroyed.
8. Materials used to build the structure in the public right-of-way, as well as
its height, proportion, and scale, shall be architecturally compatible with the
principal building and adjacent buildings. The Brookings Historic Preservation
Commission shall promptly review of the architectural compatibility of the
proposed structure and provide official comment to the City Council (City of
Brookings Code of Ordinances Chapter 46,
10-97 (a) (b)).
9. If the structure is not designed to be permanent in nature, it should be durable
enough to function properly in its intended service to the principal building.
10. The structure in the public right-of-way shall be attached to principal structure or
have its own frost footing.
11. Upon removal of the structure from the public right-of-way, the applicant shall
reapply for a new permit before building a new structure in the public right-of-
way.
Now, Therefore, Be It Resolved that the criteria for building in the public right-of-way set
forth above are hereby approved, as amended. This resolution replaces Resolution No.
68-04 dated November 23, 2004, and amends the criteria for building in the public
right-of-way.
Adjourn. A motion was made by Council Member Tilton Byrne, seconded by Council
Member Wendell, that this meeting be adjourned at 6:56 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 #:ID 20-0114,Version:1
Action on appointments to City Boards, Committees and Commissions.
Summary:
Mayor Keith Corbett has submitted the following appointment recommendations for City Council
advice and consent:
Board of Adjustment
Number of positions:1
Term Length:3-years
Residency Requirement:Required or reside within the Joint Jurisdictional Area
Purpose: The Board of Adjustment has the authority to act on variances or special exceptions to the
zoning ordinance. Four of the five members must vote in the affirmative for a motion to pass.
Mayor’s Recommendation:
1.Appoint Matt Chandler
Public Arts Commission
Number of positions:1 (SD Art Museum Representative)
Term Length:3-years
Residency Requirement:Majority residents of the City
Purpose: Public art enhances the built environment of a city and enriches the lives of its citizens. A
dedicated funding source for an established program of public art enhances the reputation of a city
and serves as a vehicle for attracting new businesses and citizens. A public art program encourages
a community’s artists and citizens to engage in creative activities and artistic development. A public
arts commission can develop and implement a unified public art strategy for a community.
The role of the Brookings Public Arts Commission is as follows:
1.To develop a unified public art strategy for the City of Brookings;
2.To advise the City Council and other community groups and agencies who are initiating a
public art project concerning the proposed site, selection of a professional artist and
commissioning of a public artwork;
3.To oversee the Public Art Fund;
4.To guide and monitor design development process through reviews at various stages to
ensure artistic and design quality, integration with the site and relevance to the community;
5.To approve the final design prior to fabrication; and
6.To approve the final artwork, installation procedures, and maintenance plan prior to
installation.
Mayor’s Recommendation:
1.Appoint Taylor McKeown
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File #:ID 20-0114,Version:1
Recommendation:
Staff recommends approval.
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City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 20-026,Version:1
Action on Resolution 20-026, a Resolution designating Vote Center locations, and the appointment of
Election Superintendents and Judges for the April 14, 2020 Combined School/Municipal Election.
Summary:
The City Council must designate the Vote Center locations, appoint the Election Superintendents and
Judges, and set their rate of compensation for the April 14, 2020 Combined School/Municipal
Election.
Recommendation:
Staff recommends approval.
Attachments:
Resolution
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Resolution 20-026
Resolution designating Vote Center Locations, and the
Appointment of Election Superintendents and Judges for the
April 14, 2020 Combined School/Municipal Election
Whereas, a City of Brookings Municipal Election will be held on April 14, 2020 for the
positions of two 3-year term City Council members; and
Whereas, as required by SDCL 9-13-16.1, the City Council must appoint Election
Superintendents and Deputies and set their rate of compensation; and
Whereas, as required by SDCL 12-14-1, the City Council must designate the Vote
Center locations; and
Whereas, the following superintendents and deputies are hereby appointed at a rate of
$14.50 per hour for Superintendents, $14.00 per hour for Judges, and a flat fee of
$25.00 for the April 13, 2020 Election School: RESOLUTION BOARD: David Peterson,
Larry Hult, and alternate Ken Ahartz; VOTE CENTER 1 – Brookings Activity Center, 320
5th Ave.: Norma Linn, Superintendent, Diane Spencer, Carol Dusharm, Dolores
Canaday, and Nancy Thompson; VOTE CENTER 2 – Bethel Baptist Church, 714 17th
Ave. So.: Ron Thaden, Superintendent, Kathy Waddell, Marilyn Foerster, Deb
Waltman, and Linda Thaden; VOTE CENTER 3 – Holy Life Tabernacle Church, 241
Mustang Pass: Bobbe Bartley, Superintendent, Ellen Herrboldt, and Janet Seeley;
VOTE CENTER 4 – SDSU Alumni Center, 815 Medary Ave.: Julie Erickson,
Superintendent, Mardell Colbeck and Barb Meyer; VOTE CENTER 5 – Aurora Little
Hall, 101 Nicolett St.: Cathy Enlow, Superintendent, Ruth Anderson and Gloria Pike;
ABSENTEE/EARLY VOTE CENTER – City & County Government Center, 520 3rd St. –
Diane Spencer and Gloria Miller; ABSENTEE VOTE CENTER PROCESSING – Larry
Hult, Superintendent, Ken Ahartz, and Sue Sackman; ALTERNATES – Linda Schamp,
Paulette Heesch, Peggy Whalen, Barbara Crosser, and Gloria Miller; ELECTION
NIGHT WORKER – Greg Witchey.
Passed and approved this 10th day of March, 2020.
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 20-030,Version:1
Action on Resolution 20-030, a Resolution designating the Mayor as Certifying Officer for ICAP Self-
Help Homeownership Opportunity Program.
Summary:
The Inter-Lakes Community Action Program (ICAP) has contracted with the First District Planning
office to complete the environmental process for the US Housing and Urban Development (HUD)
funding that ICAP plans to utilize for the new housing project in Brookings. The project was approved
by Council in 2018 and located east of 16th Street and on Summit Pass. In the past this request was
made for similar ICAP projects. The request places the City as the responsible party for the
environmental process. The Self Help Opportunity Program (HUD funding) regulations prefers to see
the local unit of government that has jurisdiction over the land on which the project is located, act as
the responsible party for the environmental process. The responsible party signs all necessary
environmental documentation and publishes the necessary notices. The First District Planning office
completes the environmental assessment report and assists with the environmental process.
An essential first step in this process is to have the City Council act to identify an Environmental
Certifying Officer resolution for the environmental process.
Recommendation:
Approve the Resolution Designating Mayor as Certifying Officer for ICAP Self-Help Homeownership
Opportunity Programs.
Attachments:
Resolution
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Resolution 20-030
Resolution Designating the Mayor as Certifying Officer for
ICAP Self-Help Homeownership Opportunity Program
Whereas, the Inter-Lakes Community Action Partnership (ICAP) expects to utilize US
Department of Housing and Urban Development Self-Help Homeownership Opportunity
Program (SHOP) funds to assist with the purchase of land for housing development
purposes; and
Whereas, the City of Brookings is required to designate an Environmental Certifying
Officer for the purpose of signing required environmental documents pertaining to this
grant program.
Now, Therefore, Be It Resolved, that the Mayor be hereby designated as the city's
official for the purpose of signing environmental correspondence and other required
documents and forms for said project.
Passed and approved this 10th day of March, 2020.
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 20-027,Version:1
Action on Resolution 20-027, a Resolution declaring surplus property for the City of Brookings.
Summary:
The City of Brookings is the owner of the following described equipment formerly used at the City of
Brookings:
Street Dept.
·1,690 tons of Pea Rock
·One (1) 1999 Monroe, LGP 14 foot Refersible Loader Plow: Serial #98051630
·One (1) 2014 Elgin Street Sweeper: Serial #30252
·One (1) 2000 F150 Reg Cab 4x4 Pickup: VIN#1FTRF18L3&NB10405
·One (1) 2006 Chevrolet ½ ton Ext. Cab 4x4 Pickup: VIN#1GCEK19Z66Z217676
·One (1) 2004 Crafco Magnum Spray Patcher: Serial #1C9AF162941418346
Police Dept.
·2015 Dodge Charger: VIN #2C3CDXKT6FH875464
·Alco Sensor III - PBT #1006475
·Alco Sensor III - PBT #1006476
·Alco Sensor III - PBT #1066478
·Alco Sensor FST - PBT #020399
·2006 Ford Crown Victoria VIN #2FAFP71W66X145996
·Glock 17 9mm Pistol - SN WSS507
·Lefepak 1000 Defibrillator 46295898 flood vehicle
·Coban Camera 21001148 flood vehicle
·Motorola Speaker model HSN4031B flood vehicle
·Coban Wireless Transmitter SN 46405126 flood vehicle
·Coban SCFS-20-01 flood vehicle
·Motorola APX4500 SN 471CUB0494 flood vehicle
·Motorola XPR5550e SN 511TTZ7523 flood vehicle
·Stalker Dual DSR SN DS043170 with remote flood vehicle
·Stalker antenna KC070054 flood vehicle
·Stalker Antenna KC070055 flood vehicle
·Whelen Cen Com Sapphire SN 49420 flood vehicle
·Whelen Controller SN 06867 flood vehicle
·12 Safety Town Pedal Cars
Fiscal Impact:
Council action is required to declare these items surplus.
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File #:RES 20-027,Version:1
This equipment is being declared surplus property according to SDCL Chapter 6-13.
Recommendation:
Staff recommends approval.
Attachments:
Resolution
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Resolution 20-027
Declaring Surplus Property
Whereas, the City of Brookings is the owner of the following described equipment
formerly used at the City of Brookings:
Street Dept.
1,690 tons of Pea Rock
One (1) 1999 Monroe, LGP 14 foot Reversible Loader Plow: Serial #98051630
One (1) 2014 Elgin Street Sweeper: Serial #30252
One (1) 2000 F150 Reg Cab 4x4 Pickup: VIN#1FTRF18L3&NB10405
One (1) 2006 Chevrolet ½ ton Ext. Cab 4x4 Pickup: VIN#1GCEK19Z66Z217676
One (1) 2004 Crafco Magnum Spray Patcher: Serial #1C9AF162941418346
Police Dept.
2015 Dodge Charger: VIN #2C3CDXKT6FH875464
2015 Dodge Charger: VIN #2C3CDXKT6FH875464
Alco Sensor III – PBT #1006475
Alco Sensor III – PBT #1006476
Alco Sensor III – PBT #1066478
Alco Sensor FST – PBT #020399
2006 Ford Crown Victoria VIN #2FAFP71W66X145996
Glock 17 9mm Pistol – SN WSS507
Lefepak 1000 Defibrillator 46295898 flood vehicle
Coban Camera 21001148 flood vehicle
Motorola Speaker model HSN4031B flood vehicle
Coban Wireless Transmitter SN 46405126 flood vehicle
Coban SCFS-20-01 flood vehicle
Motorola APX4500 SN 471CUB0494 flood vehicle
Motorola XPR5550e SN 511TTZ7523 flood vehicle
Stalker Dual DSR SN DS043170 with remote flood vehicle
Stalker antenna KC070054 flood vehicle
Stalker Antenna KC070055 flood vehicle
Whelen Cen Com Sapphire SN 49420 flood vehicle
Whelen Controller SN 06867 flood vehicle
12 Safety Town Pedal Cars
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.
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 10th day of March, 2020.
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 20-0126,Version:1
Presentation of a Proclamation recognizing March 2020 as Developmental Disability Awareness
Month.
Summary:
Mark Sternhagen, Chair of the Brookings Committee for People who have Disabilities, will be
accepting the Proclamation.
Attachments:
Proclamation
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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, National Developmental Disability Awareness Month will honor the 30th
anniversary of the passage of the Americans with Disabilities Act of 1990, a celebration
that will run through 2020; 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 2020, 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
10th day of March, 2020.
Keith W. Corbett, Mayor
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 2019-0521,Version:1
Mayor’s Annual State of the City Message.
Summary:
Mayor Corbett will present the annual State of the City Message. A copy of the presentation will be
available after the meeting on the City of Brookings website:www.cityofbrookings.org
<http://www.cityofbrookings.org>
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STATE OFTHE CITY
2019
AS WE LOOK TO THE FUTURE,
LET US NOT FORGET
THOSE WHO CAME BEFORE US.
AS WE LIVE IN THE PRESENT
LET’S COMMUNICATE
GRATITUDE & CELEBRATE OUR
ABUNDANT BLESSINGS.
COMPREHENSIVE
ECONOMIC DEVELOPMENT
STRATEGY
Smart and Balanced Growth
Economic Prosperity
Competitive Business Environment
High Quality Community
High Performance Community
BUSINESS DEVELOPMENT
In 2019,
Brookings Economic Development Corporation (BEDC)
worked with 87 business prospects on recruitment initiatives
BEDC also assisted 114
local businesses with workforce, retention and expansion projects
as well as helped 164 entrepreneurs advance their business ideas.
Brookings County Workforce
17257
16500 16527
17004
17536
17723
18489
19279 19118
18312
17013
17079
16990
17107
17570
18006
18368
18251
18481
18607
15000
15500
16000
16500
17000
17500
18000
18500
19000
19500
20002001200220032004200520062007200820092010201120122013201420152016201720182019
Unemployment Rate
2.0%
2.7%2.8%
3.0%3.0%
3.1%
2.4%
2.2%
2.4%
3.8%
4.7%4.4%
3.9%
3.4%
3.2%
2.9%
2.7%
3.0%
2.8%
3.0%
0.0%
0.5%
1.0%
1.5%
2.0%
2.5%
3.0%
3.5%
4.0%
4.5%
5.0%20002001200220032004200520062007200820092010201120122013201420152016201720182019
City of Brookings Residential Building Permits
0
50
100
150
200
250
300
350
2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019
Single Family Homes Townhome Units Duplex Units Apartment Units
230
315
81
94
244
146
103
164 172
86
168
152
Gross Receipts Taxable Sales
$0
$10,000,000
$20,000,000
$30,000,000
$40,000,000
$50,000,000
$60,000,000
$70,000,000
$80,000,000
$90,000,000
2012 2013 2014 2015 2016 2017 2018 2019
Food Stores Hotels & Motels Eating Places Drinking Places Amusement & Recreation
$77,636,528
$80,645,831
$85,122,137 $88,358,247
$96,281,217 $96,735,883
$95,411,552
$106,244,275
General Taxable Sales
$594,589,994
$621,089,365 $633,836,213
$658,829,668 $671,463,789
$695,469,358
$718,028,280
$580,000,000.00
$600,000,000.00
$620,000,000.00
$640,000,000.00
$660,000,000.00
$680,000,000.00
$700,000,000.00
$720,000,000.00
2013 2014 2015 2016 2017 2018 2019
Construction Taxable Sales
$33,504,126
$36,315,078
$21,380,184
$17,858,310 $18,693,151
$13,712,480
$19,485,396
$10,000,000.00
$15,000,000.00
$20,000,000.00
$25,000,000.00
$30,000,000.00
$35,000,000.00
$40,000,000.00
2013 2014 2015 2016 2017 2018 2019
Retail Taxable Sales
$316,985,221
$324,507,560
$341,406,972
$358,711,467
$356,270,538
$369,057,981
$388,517,835
$300,000,000.00
$310,000,000.00
$320,000,000.00
$330,000,000.00
$340,000,000.00
$350,000,000.00
$360,000,000.00
$370,000,000.00
$380,000,000.00
$390,000,000.00
2013 2014 2015 2016 2017 2018 2019
1st Penny Sales & Use Tax
$4,852,108
$4,864,322
$5,109,452
$5,423,495
$5,909,471 $6,217,247
$6,211,413
$6,599,829
$6,657,027
$6,936,519
$7,176,057
$4,500,000
$5,000,000
$5,500,000
$6,000,000
$6,500,000
$7,000,000
$7,500,000
2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019
3rd Penny 3B Tax
$679,647
$663,518
$729,074
$771,592
$773,663
$817,988
$837,594
$924,379
$933,057
$918,052
$1,056,500
$600,000
$650,000
$700,000
$750,000
$800,000
$850,000
$900,000
$950,000
$1,000,000
$1,050,000
$1,100,000
2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019
Midwest Consumer Price Index
-0.6%
2.0%
3.2%
2.0%
1.4%1.5%
-0.5%
0.8%
1.7%
1.9%
1.5%
-1.0%
0.0%
1.0%
2.0%
3.0%
4.0%
2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019
Inflation/Deflation Annual Average
What Else Should We CELEBRATE
About Brookings?
Population
•24,509 (Census 2018 Estimate)
•Up 11% since 2010 Census
•8,625 households
Aa3 Bond Rating
Healthy but not excessive reserves
All enterprise funds/businesses are run well
Our People
And –There’s MORE to CELEBRATE
•#7 Top 10 Most Arts-Vibrant Small Communities in the U.S. (SMU Data Arts, 2019)
•Perfect MEI Score –100 (Municipal Equality Index, HRC.org, 2018, 2019)
•#16 Best Performing Micropolitan in the United States (Policom Corporation, 2019)
•Named National Micropolitan Success Story (Walton Family Foundation, 2018)
•#2 Safest Cities in SD (Alarms.org, 2018)
•#1 Best Places to live in SD (Niche, 2018, 2017, 2016)
•#8 Top College Towns in America (Schools.com, 2017)
•#25 Best Cities for Entrepreneurs in America (Livability/Entrepreneur, 2017)
•#2 Best School Districts in South Dakota (Niche, 2019, 2018, 2017)
•#1 Safest College Town in America (Safewise, 2015)
•#5 Safest City in America (ADT Security, 2015)
•1 of 11 communities chosen nationwide (and only non-metro area) for “Case Study for
Positive Economic Transformation” (State of Indiana Study, 2014)
•#5 Top 10 Best Small Towns in America (Livability, 2013)
There’s even MORE to CELEBRATE
Dedicated and knowledgeable staff, department heads
Commitment to strategic planning (CIP & CRP)
Completion of the Comp Plan 2040
Commitment to a balanced budget
1st in SD to establish:
•Research Park
•Community Makerspace
•Technology Commercialization Facility
Vision Brookings 2006 –2021:Nearly $8 M. raised from private
investors, and additional $26.8 M. leveraged
Strong and knowledgeable BEDC, CVB and Chamber
Received BUILD grant for new interstate interchange
OPPORTUNITIES
2019
Affordable Housing
Continued Dedication to Mental Health
Child/Adult Care
Retail Growth
Continued Strong Campus/Community Relationship
A CELEBRATION OF GRATITUDETHANK YOU!
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 20-022,Version:1
Action on Resolution 20-022, a Resolution Awarding Bids on 2020-07STI, Freight On Board Asphalt
Material.
Summary:
The City held a bid letting on Tuesday, February 25, 2020 for the 2020-07STI, Freight On Board
Asphalt Material. Bowes Construction, Inc. submitted a bid of $76,134.00, which is approximately
12% lower than the Engineer’s Estimate of $87,080.00. The decrease is due to oil prices being lower
than anticipated this year.
This project consists of asphalt material the Street Department staff picks up at the asphalt plant and
is used for patching City streets. The budget for the asphalt material is $70,000.00. Since the
asphalt material is paid for by the ton of mix, City staff will adjust how much material they pick up to
stay within the budgeted amount.
This resolution will award bids for 2020-07STI, Freight On Board Asphalt Material to Bowes
Construction, Inc. for the low bid of $76,134.00.
Recommendation:
Staff recommends approval of the resolution as presented.
Attachments:
Memo
Resolution
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City Council Agenda Memo
From: Jackie Lanning, City Engineer
Council Meeting: March 10, 2020
Subject: Awarding Bids on 2020-07STI, Freight on Board Asphalt
Material
Person(s) Responsible: Jackie Lanning, City Engineer
Summary:
This resolution will approve awarding the 2020-07STI Freight on Board Asphalt Material
to Bowes Construction, Inc. for the low bid of $76,134.00.
Background:
This project is the annual street maintenance project that provides the asphalt patching
material the Street Department picks up at the plant to repair asphalt pavement
throughout the City. The Street Department staff also uses the materials to overlay
small street areas, which are usually one block long or shorter.
A bid letting was held on Tuesday, February 25, 2019 and the City received the
following bid:
Bowes Construction Co., Inc. $76,134.00
The total low bid is approximately 12% lower than the engineer’s estimate of
$87,080.00, which was due to lower oil prices than anticipated.
Item Details:
This project consists of asphalt material the Street Department staff picks up at the
asphalt plant and is used for patching City streets. The bid is an estimate of the tons of
material that may be used by the City, however, the City budget for the asphalt material
is $70,000.00. Since the asphalt material is paid for by the ton of mix, City staff will
adjust how much material they pick up to stay within the budgeted amount.
Legal Consideration:
None.
Strategic Plan Consideration:
The asphalt material is used for patching along curb and gutter, sidewalk ramps, pot
holes, and larger asphalt repairs. These asphalt repairs increase the integrity of the
street pavement in terms of drainage and structural soundness. By increasing the
lifespan of streets through the patching and sealing process, the City is staying on
course for sustainable maintenance of the asphalt street network.
Financial Consideration:
The City will enter into a contract with Bowes Construction, Inc. for the low bid of
$76,134.00.
Options and Recommendation:
The City Council has the following options:
1. Approve as presented
2. Deny
3. Do nothing
Staff recommends approval of the resolution as presented.
Supporting Documentation:
1. Resolution
Resolution 20-022
Resolution Awarding Bids on Project 2020-07STI
Freight on Board Asphalt Material
Whereas, the City of Brookings opened bids for Project 2020-07STI Freight On Board
Asphalt Material on Tuesday, February 25, 2020 at 1:30 pm at the Brookings City and
County Government Center; and
Whereas, the City of Brookings has received the following bid: Bowes Construction
Co., Inc.: $76,134.00.
Now, Therefore, Be It Resolved that the total low bid of $76,134.00 for Bowes
Construction Co., Inc., Brookings, SD be accepted.
Passed and approved this 10th day of March, 2020.
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 20-023,Version:1
Action on Resolution 20-023, a Resolution Awarding Bids on 2020-06STI, Chip Seal Project.
Summary:
The City held a bid letting on Tuesday, February 25, 2020 for the 2020-06STI, Chip Seal Project and
four (4) bids were submitted. Topkote, Inc. from Yankton submitted the low bid of $208,177.80, which
was approximately 21% lower than the Engineer’s Estimate of $264,000.00. Staff will examine the
street list and may want to include additional as the budget allows. This resolution will award the
Chip Seal Project to Topkote, Inc. for the low bid amount of $208,177.80.
Recommendation:
Staff recommends approval of the resolution as presented.
Attachments:
Memo
Resolution
Map
City of Brookings Printed on 3/5/2020Page 1 of 1
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City Council Agenda Memo
From: Jackie Lanning, City Engineer
Council Meeting: March 10, 2020
Subject: Awarding Bids on 2020-06STI, Chip Seal Project
Person(s) Responsible: Jackie Lanning, City Engineer
Summary:
This resolution will approve awarding the 2020-06 Chip Seal Project to Topkote, Inc. for
the low bid of $208,177.80.
Background:
This project is the chip seal project for the 2020 Project Area, which is shown on the
attached map. This is an annual project, where the contractor applies oil and city-
purchased quartzite chips to the streets. The City then sweeps up the excess chips a
few days afterward for re-use or sale.
The City received the following bids for the 2020 -06 Chip Seal Project:
TopKote Inc. – Yankton, SD: $208,177.80
RH Seal Coating – Russell, MN: $208,900.00
Bituminous Paving Inc. – Ortonville, MN: $239,210.00
The Road Guy Construction Co. – Yankton, SD: $268,600.00
Engineer’s Estimate $264,000.00
The bids were very competitive this year. The low bid of 208,177.80 was approximately
21% lower than the engineer’s estimate of $264,000.00. The decrease in cost was due
to oil prices being lower than expected this year.
Item Details:
The streets that will be chip sealed are in a seven-year rotation and are due for sealing
this year. This year’s section is north of 6th Street and west of Medary Avenue. The City
will also chip seal 12th Street South between Main Avenue to Medary Avenue which was
recommended by the pavement condition study. The project also includes chip sealing
the parking lot at Hillcrest Park adjacent to 6th Street.
Legal Consideration:
None.
Strategic Plan Consideration:
The chip seal program furthers the accomplishment of City Council Strategic Initiatives
of Stormwater through improved water quality and Maintaining Facilities with a
Sustainable Plan. The City is switching to quartzite rock, which is cleaner and less
susceptible to breaking down and creating sediment, and the rock will be recycled and
used the following year. In addition, the streets that are maintained through the chip
sealing process will be less susceptible to infiltration of moisture through the pave ment.
This will in turn increase the life span of these roads and will likely reduce the number of
streets that need a full reconstruction in the future. The chip seal rotation plan allows for
sustainable maintenance of the asphalt street network.
Financial Consideration:
The City will enter into contract with Topkote, Inc. for a cost of $208,177.00. The project
is within the budgeted amount and the city may add additional streets if any are
identified as in need of repair and stay within budget.
Options and Recommendation:
The City Council has the following options:
1. Approve as presented
2. Deny
Staff recommends approval of the resolution as presented.
Supporting Documentation:
1. Resolution
2. Map
Resolution 20-023
Resolution Awarding Bids on Project 2020-06STI Chip Seal Project
Whereas, the City of Brookings opened bids for Project 2020-06STI Chip Seal Project
on Tuesday, February 25, 2020 at 1:30 pm at the Brookings City and County
Government Center; and
Whereas, the City of Brookings has received the following bids for Project 2020-06STI
Chip Seal Project: Topkote, Inc. - $208,177.80; RH Seal Coating - $208,900.00;
Bituminous Paving, Inc. - $239,210.00 and The Road Guy Construction Co., Inc. -
$268,600.00.
Now, Therefore, Be It Resolved that the low bid of $208,177.80 for Topkote, Inc. be
accepted.
Passed and approved this 10th day of March, 2020.
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 20-024,Version:1
Action on Resolution 20-024, a Resolution Awarding Bids on 2020-05STI, Moriarty Park Drainage
Improvements.
Summary:
This resolution will award bids for 2020-05STI, Moriarty Park Drainage Improvements to Rounds
Construction for the low bid of $342,955.98.
Background:
The Moriarty Park Drainage Improvement Project is located on 17th Ave South between 15th Street
South and Pebble Beach Drive as shown on the attached map. The project was designed by Banner
Associates and the work includes constructing a new stormwater detention pond on the southwest
corner of Moriarty Park along with installing new storm sewer pipe and inlets, concrete sidewalk and
curb ramps.
The City held a bid letting at 1:30 PM on Tuesday, February 25, 2020 at the Brookings City & County
Government Center and the following bids were received:
Rounds Construction, Brookings, SD:$342,955.98
Prussman Contracting, Brookings, SD:$358,217.16
DeBoer Construction, Clear Lake, SD:$359,496.90
The low bid of Rounds Construction was approximately 12% lower than the Banners Associates
Engineer’s Estimate of $390,209.00. This project will be funded by the Storm Drainage Budget.
Recommendation:
Staff recommends awarding the project to Rounds Construction for the low bid of $342,955.98.
Attachments:
Memo
Resolution
Map
City of Brookings Printed on 3/5/2020Page 1 of 1
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City Council Agenda Memo
From: Jackie Lanning, City Engineer
Council Meeting: March 10, 2020
Subject: Awarding Bids on 2020-05STI, Moriarty Park Pond Project;
Rounds Construction
Person(s) Responsible: Jackie Lanning, City Engineer
Summary:
This resolution will award the bid for 2020-05STI, Moriarty Park Pond Project to Rounds
Construction, Inc. for the low bid of $342,955.98.
Background:
The Moriarty Park Drainage Improvement Project is located on 17th Ave South between
15th Street South and Pebble Beach Drive as shown on the attached map. T his
drainage project was adopted in the prioritized drainage Capital Improvement Plan and
was designed by Banner Associates.
The City held a bid letting at 1:30 PM on Tuesday, February 25, 2020 at the Brookings
City & County Government Center and the following bids were received:
Rounds Construction, Brookings, SD: $342,955.98
Prussman Contracting, Brookings, SD: $358,217.16
DeBoer Construction, Clear Lake, SD: $359,496.90
The bids for this project were very competitive. The low bid of Rounds Construction
was approximately 12% lower than the Banners Associates Engineer’s Estimate of
$390,209.00. The lower pricing was primarily due to lower costs for excavation and
other bid items. This project will be funded by the Storm Drainage Budget.
Item Details:
The project will include constructing a new stormwater detention pond on the southwest
corner of Moriarty Park in addition to new storm sewer pipe and inlets, concrete
sidewalk and curb ramps. The new stormwater detention pond will help manage storm
water in the 17th Avenue South and Pebble Beach Drive area, as well as in the nearby
Windermere Pointe Addition.
Legal Consideration:
None.
Strategic Plan Consideration:
This project was a prioritized drainage project to improve storm water management in
the Moriarty Park and Windermere neighborhoods. The project includes green
infrastructure with the detention area which will allow for infiltration of storm water into
the soil, as well as managing the release rate into the existing downstream storm sewer
system. The detention area will drain dry and be mowed similar to the park area.
Financial Consideration:
The City will enter into contract with Rounds Construction for the contract amount of
$342,955.98.
Options and Recommendation:
The City Council has the following options:
1. Approve as presented
2. Deny
3. Do nothing
Staff recommends approval of the resolution as presented.
Supporting Documentation:
1. Resolution
2. Map
Resolution 20-024
Resolution Awarding Bids for
2020-05STI Moriarty Park Drainage Improvements Project
Whereas, the City of Brookings opened bids for 2020-05STI Moriarty Park Drainage
Improvements Project on Tuesday, February 25, 2020 at 1:30 pm at the Brookings City
& County Government Center; and
Whereas, the City of Brookings has received the following bids for 2020-05STI Moriarty
Park Drainage Improvements Project: Rounds Construction, Inc. - $342,955.98,
Prussman Contracting, Inc. - $358,217.16 and DeBoer Construction, Inc. - $359,496.90.
Now, Therefore, Be It Resolved that the low bid of $342,955.98 from Rounds
Construction, Inc. be accepted.
Passed and approved this 10th day of March, 2020.
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 20-004,Version:2
Second Reading and Action on Ordinance 20-004, an Ordinance Authorizing Supplemental
Appropriation #3 to the 2020 Budget.
Summary:
This ordinance will amend the 2020 Budget for the following changes:
1)To carry over items from the 2019 Budget
2)Priory items that were not initially funded when 2020’s budget was passed
3)Add funds to the SDSU Student Visitor Promotion Program
Background:
Part 1
Allocates expenditures for projects or expenses which were budgeted in 2019 but not completed by
December 31, 2019.
Part 2
Recommends funding of items that were taken off the 2020 Budget given the overall objective of
passing a balanced budget or that were not initially considered. City staff is recommending funding
these priority items with a portion of the 2019 General Fund estimated surplus.
Part 3
Adds $7,000 to the SDSU Visitor Promotional Program Fund. For the 2020 budget, this fund was
decreased to $10,000 from the historical $50,000 level. City Council requested an evaluation of 2019
3B revenues to potentially increase the SDSU Visitor Promotional Fund. 2019 revenues were
greater than expected mostly due to a one-time increase, which led to surplus funds.
At the February 18, 2020 City Council Study Session, staff divulged the SDSU Promotional Fund
carried over $33,000 from 2019 which was unspent. Therefore, staff recommends an additional
$7,000 to solidify $50,000 in total 2020 available funds.
Fiscal Impact:
Part 1:
No impact as they are carryover items budgeted in 2019 which were not completed.
Part 2:
No impact as these items will be funded with a portion of the 2019 estimated budget surplus.
Part 3.
The 2019 3B Tax came in greater than projected and City Council can afford to increase the SDSU
Promotional Fund. However, the funding level is not sustainable unless other agencies decrease or
a revenue increase is realized matching expenditures.
City of Brookings Printed on 3/5/2020Page 1 of 2
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File #:ORD 20-004,Version:2
Recommendation:
Staff recommends approval of the Ordinance as presented.
Attachments:
Ordinance
Memo
City of Brookings Printed on 3/5/2020Page 2 of 2
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City Council Agenda Memo
From: Erick Rangel, Chief Financial Officer
Council Meeting: February 25, 2020
Subject: Ordinance 20-004, an Ordinance Authorizing Supplemental
Appropriation #3 to the 2020 Budget.
Person(s) Responsible: Erick Rangel, Chief Financial Officer
Summary:
This ordinance will amend the 2020 Budget for the following changes:
1) To carry over items from the 2019 Budget
2) Priory items not initially funded when the 2020 budget was passed
3) Add funds to the SDSU Student Visitor Promotion Program
Background:
Part 1
Allocates expenditures for projects or expenses which were budgeted in 2019 but not
completed by December 31, 2019.
Part 2
Recommends funding of items that were taken off the 2020 budget given the overall
objective of passing a balanced budget or that were not initially considered. City staff is
recommending funding these priority items with a portion of the 2019 General Fund
estimated surplus.
Part 3
Adds $7,000 to the SDSU Visitor Promotional Program fund. For the 2020 budget, this
fund was decreased to $10,000 from the historical $50,000 level. City Council
requested an evaluation of 2019 3B revenues to potentially increase the SDSU Visitor
Promotional Fund. 2019 revenues were greater than expected mostly due to a one-
time increase, which led to surplus funds.
At the February 18, 2020 City Council Study Session, staff divulged the SDSU
promotional fund carried over $33,000 from 2019 which was unspent. Therefore, staff
recommends an additional $7,000 to solidify $50,000 in total 2020 available funds.
Discussion:
Staff recommends the proposed budget amendment.
Legal Consideration:
None.
Financial Consideration:
Part 1:
No impact as they are carryover items budgeted in 2019 which were not completed.
Part 2:
No impact as these items will be funded with a portion of the 2019 estimated budget
surplus.
Part 3.
The 2019 3B Tax came in greater than projected and City Council can afford to increase
the SDSU Promotional Fund. However, the funding level is not sustainable unless other
agencies decrease or a revenue increase is realized matching expenditures.
Options:
The City Council has the following options:
1. Approve as presented
2. Approve with recommended adjustments
3. Deny
4. No Action
Recommendation:
Staff recommends approval of the Ordinance as presented.
Action Requested:
Approval of the Ordinance to amend the 2020 Budget.
Supporting Documentation:
1. Ordinance
Ordinance 20-004
An Ordinance Authorizing a Supplemental Appropriation to the 2020 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 2020 budget:
Part 1 – Carry Over Items
General Fund Increase/
(Decrease) Justification
Expense
101-415-5-101-01 Temporary Pay 7,000 Summer intern funding
101-418-5-422-03 Consulting/Engineering 7,000 Census marketing campaign and surveying and platting svces
Total change in expense 14,000
Special Revenue Funds Increase/
(Decrease) Justification
Expense
213-000-5-911-00 Buildings 335,000 Building Maintenance "Fund"
213-000-5-911-01 Railroad Crossing Arms 9,452 Work will be carried and finalized in 2020
213-000-5-940-04 Parks & Rec Improvements 355,000 Larson Park playgroung, trail overlays, grant matching funds, master plan
213-000-5-940-05 Bike lane/trail Improve -eng 40,000 Trail Repairs/Bicycle Education initiative
213-000-5-940-08 Fire Dep Capital Exp 12,917 South Station remodeling and 22nd av station heater
213-000-5-960-00 Street & Sidewalk Improvements 80,000 Pavement condition study and BMU street work
213-000-5-960-01 STP Project Improvments 539,785 STP project work will be carried and finalized in 2020
213-000-5-960-02 Street curb & gutter 610,115 Work will be carried and finalized in 2020
213-000-7-899-03 Transfer out-Swiftel CIP 33,202 CIP allocation, equipment was delivered in early 2020 but budgeted in 2019
284-000-5-856-78 Downtown Accelaration Program 40,000 Received two aplications end of December for up to $20K each
Total change in expense 2,055,471
Capital Projects Increase/
(Decrease) Justification
Expense
523-000-5-940-00 Other Capital 1,300,390 S. Main & 34th Project work will be carried and finalized in 2020
Total change in expense 1,300,390
Enterprise Funds Increase/
(Decrease) Justification
Expense
606-000-5-940-00 Other Capital 121,057 Airport Apron reconstruction work will be carried and finalized in 2020
606-000-5-970-00 Runway Improvements 41,134 Airport Taxilane and fencing will be carried and finalized in 2020
Total change in expense 162,191
Total Impact to current budget 3,532,052
Part 2 – Additional Items funded with 2019's estimated surplus
Part 3 – 3B Tax surplus funding
All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
First Reading: February 25, 2020
Second Reading: March 10, 2020
Published:
CITY OF BROOKINGS
_________________________
Keith W. Corbett, Mayor
ATTEST:
____________________________
Bonnie Foster, City Clerk
General Fund Increase/
(Decrease) Justification
Expense
101-401-5-856-29 Special Initiatives 8,000 To fund Major's Holiday Party expense
101-405-5-121-11 Retirement Payout Expense 104,920 Retirement payout reserve
101-405-5-856-45 Employee Recognition 8,634 Employee Recognition event in January
101-406-5-101-00 Regular Pay 18,000 Additional Salary Expense
101-406-5-101-01 Temporary Pay 15,705 Intern or part time help funding
101-406-5-101-06 Car Allowance 1,900 Additional Salary Expense
101-406-5-121-09 Retirement 3,000 Additional Salary Expense
101-414-5-422-03 Consulting & Engineering 15,000 Medical plan consultant
101-414-5-422-21 Recruiting Expense 3,500 Drug testing increase scope for all new hires
101-414-5-427-02 Registration & Training 5,000 Additional training
101-416-5-940-00 Other Capital-IT 36,258 Strenghtening cyber security infrastructure
101-417-5-425-05 Maintenance Building 25,000 Routine maintenance for facilities
101-417-5-426-03 General Supplies 6,000 Admin Supplies for Cityhall and equipment
101-421-5-920-00 Furniture & Equipment 13,800 Weapon storage and security mechanism for patrol vehicles
101-421-5-950-10 IT Capital less than $5000 1,200 Laptop Computer ofr CID
101-453-5-911-00 Building & Structures 135,000 Ice Arena LED lighting conversion and flooring replacement
Total change in expense 400,917
Special Revenue Increase/
(Decrease) Justification
Expense
284-000-5-856-49 SDSU Student Visitor Promotion 7,000 Surplus to fund total program request
Total change in expense 7,000
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 20-0112,Version:1
Public Hearing and Action on the transfer of an On-Off Sale Malt License for Yessica’s Restaurant
from Yessica Argueta, owner, to Edwin Alvarez, owner, 1300 Main Ave. So., Brookings, South
Dakota, legal description: Lot 1 excluding S 92' of W 40', Block 3, Fishback Second Addition.
Summary:
The City of Brookings has received an application to transfer the On-Off Sale Malt License for
Yessica’s Restaurant from Yessica Argueta, owner, to Edwin Alvarez, owner, 1300 Main Ave. So.,
Brookings, South Dakota. All required documents have been submitted for this application.
Background:
A public hearing and action by the local governing body is required for all alcohol licenses. This
license would be effective immediately and then subject to an annual renewal. If approved, the
application would be forwarded to the State Department of Revenue for final action and issuance of
the license.
Recommendation:
Staff recommends approval.
Attachments:
Memo
Notice of Public Hearing
City of Brookings Printed on 3/5/2020Page 1 of 1
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City Council Agenda Memo
From: Bonnie Foster, City Clerk
Council Meeting: March 10, 2020
Subject: Transfer of an On-Sale Malt License for Yessica’s
Restaurant from Yessica Argueta, owner, to Edwin Alvarez,
owner, 1300 Main Ave. So. Brookings, South Dakota, legal
description: Lot 1 excluding S 92' of W 40', Block 3,
Fishback Second Addition.
Person(s) Presenting: Bonnie Foster, City Clerk
Summary:
The City of Brookings has received an application to transfer the On-Sale Malt License
for Yessica’s Restaurant from Yessica Argueta, owner, to Edwin Alvarez, owner, 1300
Main Ave. So.., Brookings, South Dakota. All required documents have been submitted
for this application.
Background:
A public hearing and action by the local governing body is required for all alcohol
licenses. This license would be effective following state approval, and then subject to
an annual renewal. If approved, the application would be forwarded to the State
Department of Revenue for final action and issuance of the license.
Further Information: SDCL 35-2-1.2 provides all applications for retail licenses …shall
be submitted to the governing board of the municipality within which the applicant
intends to operate…The governing board: “shall h ave discretion to approve or
disapprove the application depending on whether it deems the applicant a suitable
person to hold such license and whether it considers the proposed location suitable.”
SDCL 35-2-6.2 provides the “character” requirements for alcoholic beverage licensees:
“Any license under this title…must be a person of good moral character, never
convicted of a felony, and, if a corporation, the managing officers thereof must have like
qualifications.”
Procedure for issuance of licenses: Procedurally, SDCL 35 -2-3 provides that “no
license for the on or off-sale at retail of alcoholic beverages…shall be granted to an
applicant for any such license, except after public hearing, upon not ice.” SDCL 35-2-5
provides the procedure for the time and place of hearing and for publication of notice. If
an application for a license is refused, “no further application may be received from a
person until after the expiration of one year from the date of a refused application.”
Legal Consideration:
None.
Financial Consideration:
This license would be effective upon state approval, and then subject to an annual
renewal.
Options:
The City Council has the following options:
1. Approve as presented
2. Approve with recommended adjustments
3. Deny
4. Do Nothing
Recommendation:
Staff recommends approval.
Action Requested:
Recommend approval of the transfer of the Malt License.
Supporting Documentation:
1. Notice of Public Hearing
NOTICE OF PUBLIC HEARING
On-Off Sale Malt License and On-Off Sale Wine License Transfer –
Yessica’s Restaurant
NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of
Brookings, South Dakota, on March 10, 2020, 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 transfer of an On-Sale Malt License
and an On-Off Sale Wine License for Yessica’s Restaurant from Ye ssica
Argueta, owner, to Edwin Alvarez, owner, 1300 Main Ave. So. Brookings, South
Dakota, legal description: Lot 1 excluding S 92' of W 40', Block 3, Fishback
Second Addition. At which time and place all persons interested will be given a
full, fair and complete hearing thereon.
Dated at Brookings, South Dakota, this 2nd day of March, 2020.
Bonnie Foster, City Clerk
Published time(s) 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 #:RES 20-025,Version:1
Public Hearing and Action on Resolution 20-025, a Resolution authorizing the City Manager to enter
into an Operating Agreement for a Wine License for Yessica’s Restaurant, Edwin Alvarez, owner,
1300 Main Ave. So., Brookings, SD, legal description: Lot 1 excluding S 92' of W 40', Block 3,
Fishback Second Addition.
Summary:
The City of Brookings has received an application to transfer the Wine License for Yessica’s
Restaurant, Yessica Argueta, owner, to Edwin Alvarez, owner, 1300 Main Ave. So., Brookings, SD,
legal description: Lot 1 excluding S 92' of W 40', Block 3, Fishback Second Addition. An operating
agreement is required for Wine Licenses. This Resolution allows the City Manager to enter into the
first five years of the 10-year agreement, effective through 2025.
Background:
A public hearing and action by the local governing body is required for all alcohol licenses. This
license would be effective until December 31, 2020 and then subject to an annual renewal. If
approved, the application would be forwarded to the State Department of Revenue for final action
and issuance of the license.
Listed below is specific information related to on-sale alcohol license request and other procedures
that are following with an application.
City Ordinances:
Listed below is Chapter 6, Article 2, Section 6-42 of the City Code of Ordinances pertaining to
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 35-2 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
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File #:RES 20-025,Version:1
its review of applications for on-sale alcoholic beverage operating agreements and on-sale
alcoholic beverage licenses.
Recommendation:
Staff recommends approval.
Attachments:
Memo
Resolution
Operating Agreement
Notice of Public Hearing
City of Brookings Printed on 3/5/2020Page 2 of 2
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City Council Agenda Memo
From: Bonnie Foster, City Clerk
Council Meeting: March 10, 2020
Subject: Resolution authorizing the City Manager to enter into an
Operating Agreement for a Wine License for Yessica’s
Restaurant, Yessica Argueta, owner, to Edwin Alvarez,
owner, 1300 Main Ave. So., Brookings, SD, legal
description: Lot 1 excluding S 92' of W 40', Block 3, Fishback
Second Addition.
Person(s) Presenting: Bonnie Foster, City Clerk
Summary:
The City of Brookings has received an application to transfer the Wine License from
Yessica’s Restaurant, Yessica Argueta, owner, to Edwin Alvarez, owner, 1300 Main
Ave. So., Brookings, SD, legal description: Lot 1 excluding S 92' of W 40', Block 3,
Fishback Second Addition. An operating agreement is required for Wine Licenses.
This Resolution allows the City Manager to enter into the first five years of the 10 -year
agreement effective through 2025.
Background:
A public hearing and action by the local governing body is required for all alcohol
licenses. This license would be effective until December 31, 2020 and then subject to
an annual renewal. If approved, the application would be forwarded to the State
Department of Revenue for final action and issuance of the license.
Listed below is specific information related to on-sale alcohol license request and other
procedures that are following with an application.
City Ordinances:
Listed below is Chapter 6, Article 2, Section 6-42 of the City Code of Ordinances
pertaining to 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 35-2 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.
Legal Consideration:
None.
Financial Consideration:
This license would be effective until December 31, 2020 and then subject to an annual
renewal.
Options:
The City Council has the following options:
1. Approve as presented
2. Approve with recommended adjustments
3. Deny
4. Do nothing
Recommendation:
Staff recommends approval.
Action Requested:
Recommend approval of the transfer of the Wine License.
Supporting Documentation:
1. Notice of Public Hearing
Resolution 20-025
On-Sale Wine Operating Agreement
Yessica’s Restaurant
Now, Therefore, Be It Resolved by the City of Brookings, South Dakota, that the City
Council hereby approves a Lease Agreement for the Operating Liquor Management
Agreement for Wine between the City of Brookings and Yessica’s Restaurant, Edwin
Alvarez, owner, for the purpose of a liquor manager to operate the on-sale
establishment or business for and on behalf of the City of Brookings at 1300 Main Ave.
So.: legal description: Lot 1 excluding S 92' of W 40', Block 3, Fishback Second
Addition.
Now, Therefore, Be It Further Resolved that the City Manager be authorized to execute
the Agreement on behalf of the City, which shall be for a period of five (5) years and
renewal for another five (5) years.
Passed and approved this 10th day of March, 2020.
CITY OF BROOKINGS
Keith W. Corbett, Mayor
ATTEST:
Bonnie Foster, City Clerk
WINE OPERATING AGREEMENT
Yessica’s Restaurant
10-year Agreement
THIS AGREEMENT made and entered into by and between the CITY OF
BROOKINGS, a municipal corporation of the State of South Dakota, hereinafter referred
to as the “City” and Edwin Alvarez, owner, Yessica’s Restaurant, hereinafter referred to
as “Manager.” The City and Manager are referred to as the “parties” herein.
WITNESSETH;
WHEREAS, the City has been issued an on-sale alcoholic beverage license and is
engaged in the sale of alcoholic beverages, and
WHEREAS, the City desires to enter into an Operating Agreement on a limited basis
with the Manager for the purpose of operating an on-sale establishment or business for
and on behalf of the City pursuant to law, and
WHEREAS, the Manager has offered to have facilities in which to operate said on-sale
establishment solely upon the premises hereinafter described.
NOW, THEREFORE IT IS MUTUALLY AGREED AS FOLLOWS:
I.
This Agreement is made and entered into on a limited basis between the parties here to
to allow the Manager to operate a retail on-sale premises, pursuant to and in
accordance with all of the terms and conditions of this Agreement and in accordance
with all State laws and City Ordinances now in effect and as may be enacted in the
future.
II.
The Manager shall be individually responsible for all operating expenses of said on -sale
establishment, including but not limited to utilities, taxes, insurance, and license fees, if
any.
The Manager shall furnish all equipment and fixtures necessary to operate the
establishment.
III.
The on-sale establishment shall be located upon real property in the City of Brookings,
South Dakota, described as:
Lot 1 excluding S 92' of W 40', Block 3, Fishback Second Addition , City of
Brookings, Brookings County, South Dakota
IV.
The Manager shall dispense only alcoholic beverages supplied by the Municipal Off-
Sale establishment.
V.
This Agreement shall be in full force and effect for a period of five (5) years, with the
Manager having the option and privilege of one five (5) year extension, subject to the
approval of the governing body of the City of Brookings.
VI.
Either the Manager or the City may terminate this Agreement without cause upon ninety
(90) days written notice served by either party upon the oth er. The City reserves the
right to immediately suspend or revoke this Agreement without ninety (90) days written
notice for alcohol related violations in accordance with the provisions of Resolution No.
25-88 or any amendments thereto or for any late paym ents for alcoholic beverages
supplied by the Municipal Off-Sale Establishment to be sold on the premises of
Manager.
VII.
The Manager shall receive as full compensation for its services rendered, the net profit
from the on-sale establishment under its management, and the sole profit to be derived
by the City shall be the markup hereinafter set forth on alcoholic beverages furnished by
the municipality to the Manager for the purposes of resale on the premises as above
described.
VIII.
The Manager shall pay in a timely manner to the City for all alcoholic beverages sold by
the City to the Manager for resale on the above-described premises, the actual cost of
distilled spirits and wine supplied by the City, plus eleven percent (11%) in excess of
such cost; the Manager shall pay to the City for all malt beverages sold by the City to
the Manager for resale on the above-described premises, the actual cost of malt
beverages, plus ten percent (10%) in excess of such cost. The actual cost shall include
cost price and transportation charges. The markup percentages provided in this
Agreement are subject to change by the City of Brookings. In the event markup
percentages are changed by Ordinance, then the markup percentages provided by City
Ordinance shall supercede the markup percentages provided herein. The Manager
further agrees that if either of the markup percentages shall be increased at any time by
the City, the Manager shall pay the markup as so increased.
IX.
A complete and detailed record shall be maintained by the City of all alcoholic
beverages supplied to the on-sale Manager and such alcoholic beverages so supplied
shall be evidenced by pre-numbered invoices prepared in triplicate showing the date,
quality, brand, size, and actual cost of such item, and such invoice shall bear the
signature of the authorized representative of the on -sale Manager or its authorized
representative. One copy thereof shall be retained by the Municipal off -sale
establishment, one copy shall be retained by the on-sale establishment, and one copy
shall be filed with the City Clerk. All copies shall be kept as permanent records and
made available for reference and audit purposes. The Manager also agrees to maintain
a complete record of all alcoholic beverages received from the City.
X.
In consideration of the covenants herein contained, the Manager agrees to pay the
CITY OF BROOKINGS, One Thousand Five Hundred, and no/100 Dollars ($1,500.00),
constituting the Annual License Fee on or by the 1st day of November of each year
thereafter as long as this agreement shall remain in force and effect. The payment of
the Annual Renewal License Fee will not extend the term of this Operating Agreement
beyond the term provided therein. The Manager further agrees that if the annual fee
shall be increased at any time by the legislature, the Manager shall pay the amount of
any such increase.
XI.
The Manager agrees to keep the premises in a neat, clean and attractive appearance,
and Manager further agrees to operate said on-sale establishment only on such days
and at such hours as permitted by state law and city ordinances.
XII.
The Manager shall have the right to return, at any time, alcoholic beverages received
from the City which are eligible to be returned, and to receive in return any deposit
made for such alcoholic beverages; in the event of termination of the business, all
unused alcoholic beverages, which may be resold without discount may be returned to
the City and the Manager shall be reimbursed for the cost of such alcoholic beverages.
XIII.
The Manager agrees to abide by the credit policies of the City and acknowledges, by
execution of this Agreement, receipt of a copy of the credit policies of the City. The City
reserves the right to change or terminate its credit policies at any time, but shall be
required to provide written notice to Manager prior to the effective date of the change or
termination date of the credit policies.
XIV.
The Manager agrees to furnish the City upon demand, evidence of payment of the
following:
A. All salaries of on-sale employees;
B. Social Security and withholding taxes on said employees;
C. Worker’s Compensation insurance premiums covering said employees;
D. Unemployment taxes on the payrolls of said employees;
E. General liability insurance protecting both the City and the Manager against
claims for injury or damages to persons or property, said policy to have
general liability limits of at least Five Hundred Thousand Dollars
($500,000.00) single limit, and One Million Dollars ($1,000,000.00) aggregate,
and a limitation of Fifty Thousand Dollars ($50,000.00) for damage to
property. The general liability insurance limits are subject to change and
Manager agrees to change limits of insurance if required by the City;
F. Rent and utility bills; and
G. Any and all miscellaneous expenses, including taxes.
XV.
The Manager agrees to observe all Federal and State laws and ordinances of the City
of Brookings.
XVI.
The City covenants and agrees to furnish the on -sale license to Manager pursuant to
the terms and conditions of this Operating Agreement and the terms and conditions of
the on-sale license.
XVII.
The City has the right to make inspections and investigations of the premises during the
hours of operation, and make audits and examinations of the records of the Manager
relating to the on-sale establishment.
XVIII.
It is further specifically understood and agreed that the waiver of the rights of the City
under this Agreement shall not constitute a continuous waiver, and any violation or
breach of the terms of this Agreement by the Manager shall constitute a separate and
distinct offense and grounds for immediate termination and revocation of this
Agreement.
XIX.
This agreement shall not be assignable to another person or location without the written
consent of the City.
IN W ITNESS WHEREOF, the parties hereto have executed this Agreement which is
effective this 10th day of March, 2020.
CITY OF BROOKINGS, South Dakota
A Municipal Corporation
By:
ATTEST: Paul Briseno, City Manager
Bonnie Foster, City Clerk
MANAGER
By:
By:
NOTICE OF PUBLIC HEARING
On-Off Sale Malt License and On-Off Sale Wine License Transfer –
Yessica’s Restaurant
NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of
Brookings, South Dakota, on March 10, 2020, 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 transfer of an On-Sale Malt License
and an On-Off Sale Wine License for Yessica’s Restaurant from Ye ssica
Argueta, owner, to Edwin Alvarez, owner, 1300 Main Ave. So. Brookings, South
Dakota, legal description: Lot 1 excluding S 92' of W 40', Block 3, Fishback
Second Addition. At which time and place all persons interested will be given a
full, fair and complete hearing thereon.
Dated at Brookings, South Dakota, this 2nd day of March, 2020.
Bonnie Foster, City Clerk
Published time(s) 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 #:RES 20-028,Version:1
Public Hearing and Action on Resolution 20-028, a Resolution of Intent to Lease Real Property to the
Brookings Backpack Program.
Summary:
The Brookings Backpack Program is a non-profit entity providing free meals to children and youth in
Brookings County, who may not have enough food to eat at home by providing them with easy to
prepare weekend meals and snacks throughout the year. The program is looking for a new location
as their current location has been leased by another business.
Background:
The Brookings Backpack Program is seeking available space in the Research & Technology Center
to store and package weekend meals and snacks for area youth. The program has benefited from
the generosity of local property owners throughout the years. The program is seeking to relocate as
the current location has recently entered into a lease agreement with a business.
The City is proposing to lease space in the Research and Technology Center located at 813 32nd
Avenue to the Brookings Backpack Program. The lease will be on a month-to-month basis for a
period not to exceed one year. Staff is proposing a lease rate of $0.00 with the tenant responsible for
utilities. The Notice of Public Hearing was advertised one time 10 days prior to the hearing. This
resolution will allow the City to enter into a lease agreement with the Brookings Backpack Program
on a month-to-month basis.
Fiscal Impact:
None.
Recommendation:
Staff recommends approval of the Resolution of Intent to Lease Real Property to the Brookings
Backpack Program.
Attachments:
Memo
Resolution
Lease Agreement
Notice of Public Hearing
City of Brookings Printed on 3/5/2020Page 1 of 1
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City Council Agenda Memo
From: Mike Struck, Community Development Director
Council Meeting: March 10, 2020
Subject: R & T Center Lease – Brookings Backpack Program
Person(s) Responsible: Mike Struck, Community Development Director
Summary:
The Brookings Backpack Program is a non-profit entity providing free meals to children
and youth in Brookings County, who may not have enough food to eat at home by
providing them with easy to prepare weekend meals and snacks throughout the year.
The program is looking for a new location as their current location has been leased by
another business.
Background:
The Brookings Backpack Program is seeking available space in the Research &
Technology Center to store and package weekend meals and snacks for area youth.
The program has benefited from the generosity of local property owners throughout the
years. The program is seeking to relocate as the current location has recently entered
into a lease agreement with a business.
The City is proposing to lease space in the Research and Technology Center located at
813 32nd Avenue to the Brookings Backpack Program. The lease will be on a month-to-
month basis for a period not to exceed one year. Staff is proposing a lease rate of
$0.00 with the tenant responsible for utilities. The Notice of Public Hearing was
advertised one time 10 days prior to the hearing. This resolution will allow the City to
enter into a lease agreement with Brookings Backpack Program on a month-to-month
basis.
Discussion:
The space is currently vacant and not actively being marketed as the Research and
Technology Center is scheduled for demolition in 2021. The Brookings Backpack
Program is a non-profit entity providing free meals and snacks to Brookings County
youth.
The City has the ability to enter into lease agreements with private entities. The original
mission of the Research and Technology Center was as a business incubator; however,
the grant restrictions have been removed upon the expiration of the lien. The City has
the flexibility to utilize the facility as it deems appropriate.
Legal Consideration:
The following statutes provide guidance for municipalities leasing property.
9-12-5.1. Powers - Lease of property - Term and conditions.
Every municipality may lease its municipally-owned property. Any such lease
shall be for a term and upon the conditions provided by resolution of the
governing body.
9-12-5.2. Powers - Lease to private person - Resolution - Notice -Hearing -
Authorization.
If the governing body decides to lease any municipally owned property to any
private person for a term exceeding one hundred twenty days and for an amount
exceeding five hundred dollars annual value it shall adopt a resolution of intent to
enter into such lease and fix a time and place for public hearing on the adoption
of the resolution. Notice of the hearing shall be published in the official
newspaper once, at least ten days prior to the hearing. Following the hearing the
governing body may proceed to authorize the lease upon the terms and
conditions it determines.
Financial Consideration:
The space is currently not generating revenue. The City is paying utilities associated
with the space as a minimum temperature needs to be maintained due to the fire
suppression system.
Options:
The City Council has the following options:
1. Approve as presented
2. Approve with recommended adjustments
3. Deny
4. Do nothing
Recommendation:
Staff recommends approval of the Resolution of Intent to Lease Real Property to the
Brookings Backpack Program.
Action Requested:
Approval of Resolution 20-028, authorizing a Lease Agreement with the Brookings
Backpack Program.
Supporting Documentation:
1. Resolution
2. Lease Agreement
3. Notice of Public Hearing
Resolution 20-028
Resolution of Intent to Lease Real Property
to the Brookings Backpack Program
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 Agreement with the Brookings Backpack
Program on a month-to-month basis for a period not to exceed one year and pertaining
to the following described property:
Research & Technology Center – 813 32nd Avenue
The Lease will be an amount of $0.00 per square foot based on the agreed upon square
footage of 1,308 square feet for a period not to exceed one (1) year.
Be It Further Noted, that a Public Hearing on this Resolution was held on March 10,
2020 at 6:00 o’clock P.M. at the Brookings City & County Government Center and that
all persons were given an opportunity to be heard on the intent to lease real property.
Passed and approved this the 10th day of March, 2020.
CITY OF BROOKINGS, SD
Keith W. Corbett, Mayor
ATTEST:
Bonnie Foster, City Clerk
1
LEASE AGREEMENT
_________________
THIS LEASE AGREEMENT is made and entered into by and between the City of
Brookings, South Dakota, a municipal corporation, Lessor, hereinafter referred to as "City", and
Brookings Backpack Project. hereinafter referred to as "Tenant".
WHEREAS, City owns the Brookings Area Research and Technology Center, located at 813
– 32nd Avenue, in Brookings, South Dakota, and desires to lease a portion of said facilities to
Tenant, and
WHEREAS, the above-named Tenant desires to lease a portion of said facilities hereinafter
described in accordance with the terms and conditions set forth herein, now therefore,
FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS, CONDITIONS
AND PROMISES, THE PARTIES DO HEREBY AGREE AS FOLLOWS:
1. Lease Agreement
The City does hereby lease unto Tenant and Tenant does hereby agree to lease and take from
City, that space located in the Brookings Area Research and Technology Center, 813 32nd Avenue,
Brookings, South Dakota, as shown on the attached Exhibit “A”, and which contains approximately
1,308 square feet.
2. Term/Option to Renew/Expiration
The initial Lease term is Month to Month, and commences March 11, 2020.
Tenant shall have the option to renew this Lease on a month to month basis. Such renewal
shall be upon the same terms and conditions as the initial term except that the rent shall be adjusted
as provided in Section Four (4), below. Tenant’s option to renew shall conclusively be deemed to
have been exercised without prior notice unless Tenant provides written notice of Tenant’s intent
not to renew to City no later than thirty (30) days prior to expiration of the then current lease term.
On December 31, 2020 at 5:00 PM, unless terminated earlier, this Lease will terminate.
3. Use of Premises
The above leased premises shall be used by Tenant for the following purposes and no others
without the prior written consent of City:
Storage and preparation of supplies associated with the
No use by Tenant shall be made or permitted to be made upon the premises nor acts done
which will increase the existing rate of insurance upon the property or cause cancellation of
insurance policies covering said property. Tenant shall not conduct or permit any sale by auction on
the premises.
4. Rent
The Tenant shall pay as rent for 813 32nd Avenue, the sum of $0.00 per square foot.
2
5. Utilities
Tenant shall be responsible for paying its’ own utilities associated with 813 32nd Avenue.
The utilities are in the name of the City and as such, the City will bill Tenant directly for the utility
expenses of 813 32nd Avenue. Tenant shall be responsible for paying the City within thirty (30)
days of receipt of the utility billings. Failure to timely pay the utility billings, in addition to all other
remedies, will result in a ten (10%) percent late charge (10% of the unpaid utility payment).
6. Tenant Covenants
The Tenant makes the following covenants:
A. To keep the interior of 813 32nd Avenue and all fixtures therein in good condition and
repair.
B. Not to make any structural alterations or additions to 813 32nd Avenue without the written
consent of the City.
C. Not to assign this Lease, nor sublet 813 32nd Avenue, nor to permit any other person to
occupy 813 32nd Avenue, except for employees and invitees of the Tenant.
D. To remove, at the termination of this Lease, all goods and effects, and to leave 813 32nd
Avenue at the conclusion of this Lease in good repair and order, reasonable wear and tear
excepted.
E. To use 813 32nd Avenue for the purpose of the Tenant's business only, and to comply in
all respects to the schedule of Tenant's Rules of Occupation, hereinafter called "Rules",
attached to this Lease as Exhibit "B", or such amended rules that may be issued by the City
or the City's agents.
F. To purchase and maintain such insurance as Tenant deems appropriate to protect Tenant
from loss of Tenant's property due to fire and/or casualty; and to purchase and maintain a
commercial general liability premises policy in the minimum amount of $1,000,000.00 per
occurrence and $2,000,000.00 aggregate, and Tenant shall provide the City with a
Certificate of Insurance showing City as an additional insured. The Certificate shall provide
for a ten (10) day written notice to City in the event of cancellation or material change of
coverage. Tenant shall furthermore hold the City harmless and indemnify it from any injury,
loss or damage that may occur to the persons or property of employees of Tenant or to other
persons visiting the Tenant’s place of business.
G. To comply with all Federal, state, or local laws which may affect the Tenant's use of 813
32nd Avenue.
H. Not to affix signs or advertising displays of any kind, either to the exterior or interior
walls of 813 32nd Avenue, or to any of its doors or windows, without the prior written
consent of City.
3
I. Tenant shall not vacate or abandon the premises at any time during the term hereof, and if
Tenant shall abandon or vacate the premises, or be dispossessed by process of law, or
otherwise, any personal property belonging to Tenant left upon the premises shall be
deemed to be abandoned at the option of the City.
J. City shall not be liable for any damage or injury to Tenant, or any other person, or to any
property, occurring on the demised premises or any part thereof, and Tenant agrees to hold
City harmless from any claims for damages unless such damage or injury results from the
negligence of the City.
7. Lessor’s Covenants
The City makes the following covenants:
A. The City covenants that it has the right to grant this Lease as Owner of the building.
B. To keep the exterior of the premises in good repair and condition, and to clean and
maintain the areas of the Brookings Area Research and Technology Center which are used
in common by all Tenants. The City shall be responsible for the exterior and inte rior
structural maintenance of the building and maintaining the common areas. The City shall
be responsible for pest control around the exterior of the Center and in the common areas.
The City shall also be responsible for maintenance of the heating and cooling system.
C. To insure and keep insured at all times the buildings, structures and fixtures owned by
the City against fire, windstorm and similar occurrences.
D. To permit the Tenant to occupy 813 32nd Avenue during the term of this Lease quietly
and peaceably, provided the Tenant performs the covenants of this Lease.
E. To provide suitable means of disposing of a reasonable amount of non -hazardous waste
materials resulting from use of the leased premises by Tenant.
8. Mutual Covenants
A. It is mutually agreed that the principal objective of the Brookings Area Research and
Technology Center is to encourage the formation of successful new businesses and to
create new job opportunities, and this Lease and any other agreement between the City and
the Tenant must be construed in the context of this objective.
B. Both parties agree that if 813 32nd Avenue shall be substantially destroyed by
windstorm, fire or other happening, then either party may elect to terminate this Lease by
giving written notice of termination to the other party.
C. If Tenant receives the City's written permission to alter or add to the structure, the
alterations or additions will be undertaken at the expense of the Tenant.
4
9. Default and Remedies
A. Events of Default. The occurrence of any of the following shall constitute a default and
material breach of this Lease by Tenant:
1. Any failure by Tenant to pay any rent or any other charge required to be paid under
this Lease, or any part thereof, within ten (10) days of the due date; or
2. Any failure by Tenant to observe or perform any other provision, covenant or
condition of this lease to be observed or performed by Tenant where such failure continues
for ten (10) days after written notice thereof from City to Tenant; provided that if the nature
of such default is such that the same cannot reasonably be cured within a ten (10) day
period, Tenant shall not be deemed to be in default if it shall commence such cure within
such period and thereafter diligently pursue such cure to completion; or
3. Abandonment of the Premises by Tenant; or
4. To the extent permitted by law, or the filing by or against Tenant of any proceeding
under bankruptcy law.
B. Remedies. In the event of a default by Tenant, the City, in addition to any other remedies
set forth herein or available to it at law or in equity, including injunction, at its option, and
without further notice or demand of any kind to Tenant or any other person may:
1. Terminate this Lease and declare the Lease Term hereof ended and re-enter the
Premises and take possession thereof and remove all persons and property therefrom, and
Tenant shall have no further claim thereon or hereunder; or
2. Even though the City may have re-entered the Premises, thereafter elect to terminate
this Lease and all of the rights of Tenant in or to the Premises.
3. Should the City have re-entered the Premises under the provisions of paragraph 2
above, City shall not be deemed to have terminated this Lease or the liability of Tenant to
pay any rental or other charges thereafter accruing, or to have terminated Tenant’s liability
for damages under any of the provisions hereof by any action in unlawful detainer or
otherwise to obtain possession of the Premises, unless the City shall have notified Tenant in
writing that it has so elected to terminate this Lease.
Should the City elect to terminate this Lease pursuant to the provisions of this section,
the City may recover from Tenant as damages the following:
(i) The value at the time of the award of any unpaid rent, late charges and other
charges which had been earned or were payable by Tenant at the time of termination.
C. Cure of Tenant's Default. Should Tenant fail to pay and discharge, when due and payable
any lien or claim for labor or materials, or any claim for damages arising out of the repair,
alteration, maintenance and use of the Premises to be paid by Tenant under this Lease, or
5
should Tenant fail to provide evidence of the issuance and coverage of any insurance policy
as required by this Lease, or should Tenant fail to fully pay any sum to be paid or perform
any covenant or agreement to be performed by Tenant, as provided for in this Lease, after
ten (10) days’ written notice from the City, then the City may, at its option and without
waiving or releasing Tenant from any of Tenant’s obligations hereunder, pay any such lien,
claim, or charge, or settle or discharge any action therefor or satisfy any judgment thereon,
or obtain any such insurance, or pay any such sum or perform any such covenant or
agreement. All costs, expenses and other sums incurred or paid by the City in connection
therewith, together with interest at the rate of one (1%) percent per month on such costs,
expenses, and sums from the date incurred or paid by City, shall be deemed to be additional
rent hereunder and shall be paid by Tenant to City upon demand, and any default therein
shall constitute a breach of the covenants and conditions of this Lease.
D. No Waiver. The waiver by the City of any breach of any term, covenant or condition
herein contained shall not be deemed to be a waiver of such term, covenant or condition or
any subsequent breach of the same or any other term, covenant or condition herein
contained. The subsequent acceptance of rent by the City shall not be deemed to be a
waiver of any preceding breach by Tenant of any term, covenant or condition of this Lease
other than the failure of Tenant to pay the particular rent so accepted, regardless of the
City’s knowledge of such preceding breach at the time of acceptance of such rent. No
covenant, term or condition of this Lease shall be deemed to have been waived by Landlord
unless such waiver is in writing and executed by the City.
10. Miscellaneous
A. Any notice from the City to Tenant or from Tenant to City shall be deemed duly served
if mailed by certified mail to the last known address of the Tenant, or to the address of the
City or to the address of the Agents acting for City, and the customary certified mail re -
ceipt shall be conclusive evidence of such service.
B. This Lease shall be subject to and construed under the laws of the State of South
Dakota.
IN WITNESS WHEREOF, the parties have hereto placed their signatures on the day and
date set forth below.
Dated this ____ day of_________, 2020.
CITY OF BROOKINGS, SOUTH DAKOTA, LESSOR
By:______________________________________
Paul Briseno, City Manager
City of Brookings
520 3rd Street, Suite 230
Brookings, South Dakota 57006
ATTEST: Telephone No. (605) 692-6281
6
__________________________________
Bonnie Foster, City Clerk
Dated this ____ day of___________, 2020.
Brookings Backpack Project, Tenant
By:_______________________________________
Its: President
7
Exhibit "A”
8
Exhibit "B”
TENANT RULES OF OCCUPATION
1. These are the Rules of Occupation referred to in Section 6 of the Tenant Covenants
contained in the Lease between the City and Tenant.
2. Tenants will be required to:
a. Ensure that all access doors into the building are prop erly closed after exit or entry. Fire
exit doors are for emergency use only and must not be used for entry or exit or for loading
or unloading freight. This requirement is imposed to protect the security and integrity of
the whole building and its occupan ts.
b. Dispose of all waste materials in the receptacles provided by the City, and not to leave
any garbage or waste materials in any part of the premises or on the parking lot. No oil,
grease, paint, or other deleterious matter can be deposited in any drain inside or outside the
building.
c. Ensure that no gasoline or any other particularly inflammable explosive or combustible
material is stored within 813 32nd Avenue occupied by Tenant or on any part of the
Brookings Area Research and Technology Center in violation of the City of Brookings
Fire Code, with the exception only of fuel contained in the fuel tanks of Tenant’s vehicles.
d. Take care to connect all plant and machinery to electrical services in an approved
manner and not to overload any electrical circuits.
e. Avoid obstructing the corridors or passageways within the Brookings Area Research
and Technology Center and to use only approved means of transporting freight, goods or
supplies through such corridors or passageways.
f. Permit the City scheduled access at all reasonable times to enter and inspect 813 32nd
Avenue leased to the Tenant, and to allow contractors employed by the City to enter and
carry out repairs or alterations to any part of 813 32nd Avenue or its fixtures, subject to
reasonable notice and an opportunity to be present during said repairs or alterations.
g. Do nothing which would cause the insurance procured by the City to become void or
invalidated.
h. To ensure that all employees of the Tenant that access 813 32nd Avenue are aware of
these Rules and to make it a condition of employment that employees obey these Rules or
any variation of them which are made from time to time.
NOTICE OF PUBLIC HEARING ON RESOLUTION OF INTENT TO LEASE
REAL PROPERTY
NOTICE IS HEREBY given that on Tuesday, March 10, 2020, at 6:00
o’clock P.M., the Brookings City Council will hold a public hearing in the
Brookings City and County Government Center Chambers, located at 520 Third
Street, Brookings, South Dakota, on the Resolution of Intent of the City of
Brookings to lease to Brookings Backpack Program the following described
property in the Research and Technology Center:
813 32nd Avenue, Brookings, SD
At the time and place affixed for said public hearing, all who appear will be
given an opportunity to express their views for or against the proposal to lease the
above described property.
Dated this 28th day of February, 2020.
CITY OF BROOKINGS
__________________________
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."
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 20-029,Version:1
Public Hearing and Action on Resolution 20-029, a Resolution of Intent to Lease Real Property to
Northern Plains Power Technologies.
Summary:
Northern Plains Power Technologies (NPPT) has been leasing space in the Research and
Technology Center since 2012. Northern Plains Power Technologies is seeking to renew their lease
on a month-to-month basis.
Background:
Northern Plains Power Technologies has been leasing space in the Research and Technology Center
at 807 32nd Avenue since 2012. The most recent lease agreement expired on December 31, 2019.
Staff has been working with the company to determine its intentions on a location decision and was
recently informed the company plans to vacate the premise during the second quarter of 2020.
The City is proposing to lease space in the Research and Technology Center located at 807 32nd
Avenue to Northern Plains Power Technologies. The lease will be on a month-to-month basis for a
period not to exceed one year. Staff is proposing a lease rate of $10.00 per square foot based upon
the occupied space of 2,066 square feet. The Notice of Public Hearing was advertised one time 10
days prior to the hearing. This resolution will allow the City to enter into a lease agreement with
Northern Plains Power Technologies on month to month basis.
Fiscal Impact:
Monthly revenue = $1,721.66
Recommendation:
Staff recommends approval of the resolution of intent to lease real property to Northern Plains Power
Technologies.
Attachments:
Memo
Resolution
Lease Agreement
Notice of Public Hearing
City of Brookings Printed on 3/5/2020Page 1 of 1
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City Council Agenda Memo
From: Mike Struck, Community Development Director
Council Meeting: March 10, 2020
Subject: R & T Center Lease – Northern Plains Power Technologies
Person(s) Responsible: Mike Struck, Community Development Director
Summary:
Northern Plains Power Technologies (NPPT) has been leasing space in the Research
and Technology Center since 2012. Northern Plains Power Technologies is seeking to
renew their lease on a month-to-month basis.
Background:
Northern Plains Power Technologies has been leasing space in the Research and
Technology Center at 807 32nd Avenue since 2012. The most recent lease agreement
expired on December 31, 2019. Staff has been working with the company to determine
its intentions on a location decision and was recently informed the company plans to
vacate the premise during the second quarter of 2020.
The City is proposing to lease space in the Research and Technology Center located at
807 32nd Avenue to Northern Plains Power Technologies. The lease will be on a month-
to-month basis for a period not to exceed one year. Staff is proposing a lease rate of
$10.00 per square foot based upon the occupied space of 2,066 square feet. The
Notice of Public Hearing was advertised one time ten days prior to the hearing. This
resolution will allow the City to enter into a lease agreement with Northern Plains Power
Technologies on month-to-month basis.
Discussion:
The tenant is currently occupying the space and plans to vacate the space during the
second quarter of 2020. Renewing the lease agreement on a month-to-month basis will
ensure an active lease during the remaining few months of their tenancy. The
Research and Technology Center is not actively being marketed as it is scheduled for
demolition in 2021.
The City has the ability to enter into lease agreements with private entities. The original
mission of the Research and Technology Center was as a business incubator and the
lease agreement and company are consistent with the mission.
Legal Consideration:
The following statutes provide guidance for municipalities leasing property.
9-12-5.1. Powers - Lease of property - Term and conditions.
Every municipality may lease its municipally-owned property. Any such lease
shall be for a term and upon the conditions provided by resolution of the
governing body.
9-12-5.2. Powers - Lease to private person - Resolution - Notice -Hearing -
Authorization.
If the governing body decides to lease any municipally owned property to a ny
private person for a term exceeding one hundred twenty days and for an amount
exceeding five hundred dollars annual value it shall adopt a resolution of intent to
enter into such lease and fix a time and place for public hearing on the adoption
of the resolution. Notice of the hearing shall be published in the official
newspaper once, at least ten days prior to the hearing. Following the hearing the
governing body may proceed to authorize the lease upon the terms and
conditions it determines.
Financial Consideration:
Monthly revenue = $1,721.66
Options:
The City Council has the following options:
1. Approve as presented
2. Approve with recommended adjustments
3. Deny
4. Do nothing
Recommendation:
Staff recommends approval of the Resolution of Intent to Lease Real Property to
Northern Plains Power Technologies.
Action Requested:
Approval of Resolution 20-029, authorizing a Lease Agreement with Northern Plains
Power Technologies.
Supporting Documentation:
1. Resolution
2. Lease Agreement
3. Notice of Public Hearing
Resolution 20-029
Resolution of Intent to Lease Real Property
to Northern Plains Power Technologies
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 Agreement with Northern Plains Power
Technologies on a month-to-month basis for a period not to exceed December 31, 2020
and pertaining to the following described property:
Research & Technology Center – 807 32nd Avenue, Unit 2
Be It Further Noted, that a Public Hearing on this Resolution was held on March 10,
2020 at 6:00 o’clock P.M. at the Brookings City & County Government Center and that
all persons were given an opportunity to be heard on the intent to lease real property.
Passed and approved this the 10th day of March 2020.
CITY OF BROOKINGS, SD
Keith W. Corbett, Mayor
ATTEST:
Bonnie Foster, City Clerk
LEASE AGREEMENT
_________________
THIS LEASE AGREEMENT is made and entered into by and between the City of Brookings,
South Dakota, a municipal corporation, Lessor, hereinafter referred to as "City", and Northern Plains
Power Technologies, hereinafter referred to as "Tenant".
WHEREAS, City owns the Brookings Area Research and Technology Center, located at 807 –
32nd Avenue, in Brookings, South Dakota, and desires to lease a portion of said facilities to Tenant, and
WHEREAS, the above-named Tenant has expressed a desire to lease a portion of said facilities
hereinafter described in accordance with the terms and conditions set forth herein, now therefore,
FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS, CONDITIONS AND
PROMISES, THE PARTIES DO HEREBY AGREE AS FOLLOWS:
1. Lease Agreement
The City does hereby lease unto Tenant and Tenant does hereby agree to lease and take from
City, that space located in the Brookings Area Research and Technology Center, which is located at 807 –
32nd Avenue, Brookings, South Dakota, marked as Unit 2 on the attached Exhibit “A”, and containing
approximately 2,066 square feet, hereinafter referred to as “Unit 2”.
2. Term
This Lease Agreement shall commence on March 11, 2020 and shall be for a month-to-month
tenancy which may be cancelled by either party upon giving notice to the other party at least thirty (30)
days prior to the end of the month. The term of this lease shall end no later than December 31, 2020. In
the event the City terminates the lease prior to December 31, 2020, it shall give as much notice as
possible and will work with the Tenant to allow, if possible, additional time to vacate the premises.
3. Use of Premises
The above leased premises shall be used by Tenant in connection with its research and
development pertaining to that business for the following purpose and no others without the prior written
consent of City:
Engineering consulting services and computer modeling technologies serving the distributed
generation and smart-grid industries.
Tenant shall not use any portion of the premises for purposes other than those specified herein
without the prior written consent of the City and no use shall be made or permitted to be made upon the
premises nor acts done which will increase the existing rate of insurance upon the property or cause
cancellation of insurance policies covering said property. Tenant shall not conduct or permit any sale by
auction on the premises.
4. Rent
Monthly Rent for the Duration of this Lease
The Tenant shall pay as rent to City during the term of this Lease monthly rent in the sum of
$10.00 per square foot, based upon the occupancy of 2,066 square feet, the total annual sum of
$20,660.00 to be payable in equal monthly installments of $1,721.66, commencing with the month of
March, 2020.
Tenant shall pay each monthly rental on or before the 15th day of each month through the full
term of this Lease, and is late if paid after the 20th day of the month. Failure to timely pay the rent, in
addition to all other remedies, will result in a ten (10%) percent late charge.
5. Utilities
Tenant shall be responsible for paying its own utilities.
6. Tenant Covenants
The Tenant makes the following covenants:
1. To keep the interior of Unit 2 and all fixtures therein in good condition and repair.
2. Not to make any structural alterations or additions to Unit 2 without the written consent of the
City.
3. Not to assign this Lease, nor sublet Unit 2, nor to permit any other person to occupy Unit 2,
except for employees of the Tenant.
4. To remove, at the termination of this Lease, all goods and effects, and to leave Unit 2 in good
repair and order, reasonable wear and tear excepted.
5. To use Unit 2 for the purpose of the Tenant's business only, and to comply in all respects to
the schedule of Tenant's Rules of Occupation, hereinafter called "Rules", annexed to this Lease as
Exhibit "B", or such amended rules that may be issued by the City or the City's agents.
6. To purchase and maintain such insurance as Tenant deems appropriate to protect Tenant from
loss of Tenant's property due to fire and/or casualty; and to purchase and maintain a commercial
general liability premises policy in the minimum amount of $1,000,000.00 per occurrence and
$2,000,000.00 aggregate, and Tenant shall provide City with a Certificate of Insurance showing
City as an additional insured. The Certificate shall provide for a ten (10) day written notice to
City in the event of cancellation or material change of coverage. Tenant shall furthermore hold
the City harmless and indemnify it from any injury, loss or damage that may occur to the property
of employees of Tenant or other third parties visiting the Tenant or other Tenants in the facility.
To the maximum extent permitted by insurance policies which may be owned by City or Tenant,
Tenant and City, for the benefit of each other, waive any and all rights of subrogation which
might otherwise exist.
7. To comply with all Federal, state, or local laws which may affect the Tenant's use of Unit 2.
8. Not to affix signs or advertising displays of any kind, either to the exterior or interior walls of
Unit 2, or to any of its doors or windows, without the prior written consent of City.
9. Tenant shall not vacate or abandon the premises at any time during the term hereof, and if
Tenant shall abandon or vacate the premises, or be dispossessed by process of law, or otherwise,
any personal property belonging to Tenant left upon the premises shall be deemed to be
abandoned at the option of the City.
10. City shall not be liable for any damage or injury to Tenant, or any other person, or to any
property, occurring on the demised premises or any part thereof, and Tenant agrees to hold City
harmless from any claims for damages unless such damage or injury results from the negligence
of the City.
7. Lessor’s Covenants
The City makes the following covenants:
1. The City covenants that it has the right to grant this Lease as Owner of the building.
2. To keep the exterior of the premises in good repair and condition, and to clean and maintain
the areas of the Brookings Area Research and Technology Center which are used in common
by all Tenants. The City shall be responsible for the exterior and interior structural
maintenance of the building and maintaining the common areas. The City shall be responsible
for pest control around the exterior of the Center and in the common areas. The City shall also
be responsible for maintenance of the heating and cooling system.
3. To insure and keep insured at all times the buildings, structures and fixtures owned by the
City against fire, windstorm and similar occurrences.
4. To permit the Tenant to occupy Unit 2 during the term of this Lease q uietly and peaceably,
provided the Tenant performs the covenants of this Lease.
5. To provide and update a directory of Tenants in the reception area and to pro vide
identification signs within the building to enable visitors to locate Tenant.
6. To provide suitable means of disposing of a reasonable amount of non -hazardous waste
materials resulting from use of the leased premises by Tenant.
8. Mutual Covenants
1. It is mutually agreed that the principal objective of the Brookings Area Research and
Technology Center is to encourage the formation of successful new businesses and to create
new job opportunities, and this Lease and any other agreement between the City and the Tenant
must be construed in the context of this objective.
2. Both parties agree that if Unit 2 shall be substantially destroyed by windstorm, fire or other
happening, then either party may elect to terminate this Lease by giving written notice of
termination to the other party.
3. If Tenant receives the City's written permission to alter or add to the structure, such
alterations or additions will be undertaken at the expense of the Tenant.
4. If Tenant fails to perform any of the covenants contained in this Lease, or if the Tenant shall
be declared bankrupt or insolvent, or if a receiver of the property of the Tenant is appointed, or
if an assignment shall be made of a Tenant's property for the benefit of creditors, or if Tenant is
otherwise in default under this Lease, then the City shall give written notice of default to
Tenant. The Tenant shall have thirty (30) days to cure said default. In the event the Tenant fails
to cure said default within the thirty (30) day period, the City may immediately enter into Unit
2, without further notice, and repossess Unit 2, expel the Tenant and those claiming through or
under the Tenant, and remove their effects. The Tenant hereby expressly waives the service of
any notice of intention to re -enter, and Tenant covenants that, in the case of such termination,
the Tenant will indemnify the City against any loss of rent and other claims that the City may
incur by reason of termination of this Lease and re -entry, including reasonable attorney's fees.
9. Miscellaneous
1. Any notice from the City to Tenant or from Tenant to City shall be deemed duly served if
mailed by certified mail to the last known address of the Tenant, or to the address of the City or
to the address of the Agents acting for City, and the customary certified mail re ceipt shall be
conclusive evidence of such service.
2. This Lease shall be subject to and construed under the laws of the State of South Dakota.
IN WITNESS WHEREOF, the parties have hereto placed their signatures on the day and
date set forth below.
Dated this 10th day of March, 2020.
CITY OF BROOKINGS, SOUTH DAKOTA, LESSOR
By:______________________________________
Paul Briseno, City Manager
City of Brookings
520 3rd Street, Suite 230
Brookings, South Dakota 57006
ATTEST: Telephone No. (605) 692-6281
__________________________________
Bonnie Foster, City Clerk
Dated this day of , 2020.
, Tenant
By:_______________________________________
Its:_______________________________________
Northern Plains Power Technologies
807 32nd Avenue
Brookings, South Dakota 57006
Exhibit "A”
MAP DEPICTING Unit 2
Exhibit "B”
TENANT RULES OF OCCUPATION
1. These are the Rules of Occupation referred to in Section 6.5 of the Tenant Covenants
contained in the Lease between the City and Tenant.
2. Tenants will be required to:
a. Ensure that all access doors into the building are properly closed after exit or entry.
Fire exit doors are for emergency use only and must not be used for entry or exit or for
loading or unloading freight. This requirement is imposed to protect the security and
integrity of the whole building and its occupants.
b. Dispose of all waste materials in the receptacles provided by the City, and not to
leave any garbage or waste materials in any part of the premises or on the parking lot.
No oil, grease, paint, or other deleterious matter can be deposited in any drain inside or
outside the building.
c. Ensure that no gasoline or any other particularly inflammable explosive or
combustible material is stored within Unit 2 occupied by Tenant or on any part of the
Brookings Area Research and Technology Center in violation of the City of Brookings
Fire Code, with the exception only of fuel contained in the fuel tanks of Tenant’s
vehicles.
d. Take care to connect all plant and machinery to electrical services in an approved
manner and not to overload any electrical circuits.
e. Avoid obstructing the corridors or passageways within the Brookings Area Research
and Technology Center and to use only approved means of transport ing freight, goods
or supplies through such corridors or passageways.
f. Permit the City scheduled access at all reasonable times to enter and inspect Unit 2
leased to the Tenant, and to allow contractors employed by the City to enter and carry
out repairs or alterations to any part of Unit 2 or its fixtures, subject to reasonable
notice and an opportunity to be present during said repairs or alterations.
g. Do nothing which would cause the insurance procured by the City to become void or
invalidated.
h. To ensure that all employees of the Tenant that access Unit 2 are aware of these
Rules and to make it a condition of employment that employees obey these Rules or
any variation of them which are made from time to time.
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 ON RESOLUTION OF INTENT TO
LEASE REAL PROPERTY
NOTICE IS HEREBY given that on Tuesday, March 10, 2020, at 6:00 o’clock
P.M., the Brookings City Council will hold a public hearing in the Chambers Room on
the third floor of the Brookings City & County Government Center at 520 Third Street,
Brookings, South Dakota, on the Resolution of Intent of the City of Brookings to lease to
Northern Plains Power Technologies the following described property in the Research
and Technology Center:
807 32nd Avenue, Brookings, S.D.
At the time and place affixed for said public hearing, all who appear will be given
an opportunity to express their views for or against the proposal to lease the above
described property.
Dated this 28th day of February, 2020.
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 #:RES 20-018,Version:1
Action on Resolution 20-018, a Resolution Authorizing the City Manager to Sign a Memorandum of
Understanding between the City of Brookings and Brookings County for the 20th Street South BUILD
Project.
Summary:
The City of Brookings has been awarded a federal “Better Utilizing Investments to Leverage
Development (BUILD)” Grant to construct 20th Street South between 22nd Avenue South and 34th
Avenue South, along with a new interchange at Interstate 29 and 20th Street South.
The Project is being administered by the State of South Dakota with the City Manager stated as the
City’s Project Representative. The local funds which contribute towards the Project match are
currently budgeted as follows:
City share:$2,000,000 (43%)
County share:$2,000,000 (43%)
Private Donor share:$ 669,407 (14%)
Total project match:$4,669,407
The State will invoice the City of Brookings for 20% of the project costs. The City of Brookings will
then invoice Brookings County and the Private Donors for their share of the project match at the
above percentages. It is anticipated that cost overages will be paid for at the same percentage share
as the project match.
The City of Brookings and Brookings County agree to a Memorandum of Understanding which
describes the funding details. The City and County will review the Engineer’s Cost Estimates at the
30%, 60%, and 95% design stages to discuss project costs and budget.
Recommendation:
Staff recommends approval of the resolution as presented to authorize the City Manager to sign the
Memorandum of Understanding between the City of Brookings and Brookings County for the 20th
Street South BUILD Project.
Attachments:
Memo
Resolution
Memorandum of Understanding
Map
City of Brookings Printed on 3/5/2020Page 1 of 1
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City Council Agenda Memo
From: Jackie Lanning, City Engineer
Council Meeting: February 25, 2020
Subject: 20th Street South BUILD Project
Person(s) Responsible: Jackie Lanning, City Engineer
Summary:
This resolution will authorize the City Manager to sign a Memorandum of Understanding
between the City of Brookings and Brookings County related to the project costs for the
20th Street South BUILD Project.
Background:
The City of Brookings has been awarded a federal “Better Utilizing Investments to
Leverage Development (BUILD)” Grant to construct 20th Street South between 22nd
Avenue South and 34th Avenue South, along with a new interchange at Interstate 29
and 20th Street South.
The Brookings City Council approved a Memorandum of Understanding between the
South Dakota Department of Transportation (SDDOT) and the City via Resolution 20-
013 on January 28, 2020 for the State to administer the 20th Street South BUILD Grant
Project along with the Federal Highway Administration (FHWA).
The project has specific deadlines required by the grant. There will be future
administrative documents needed to be authorized within a short approval time to keep
the project on schedule. The BUILD Grant funds must be obligated by September 15,
2021, and the grant funds must be expended by September 30, 2026. The following is
a schedule of activities to meet the grant deadlines:
06-30-2020 The CITY will submit PROJECT preliminary Gradeline plans
08-12-2020 The CITY will conduct the Preliminary Design Inspection
10-23-2020 The CITY will conduct the Final Design Inspection
12-16-2020 The CITY will provide a Release to Right-of-Way
02-09-2021 The CITY will release final plans for review to the STATE
06-15-2021 The CITY will provide all certifications, final plans, right-of-way
certifications, environmental clearances, utility certifications, and
necessary state and federal PROJECT documentation
09-15-2021: Anticipated Bid Date
2022: Anticipated Construction
Item Details:
The Project is being administered by the State of South Dakota with the City Manager
stated as the City’s Project Representative. The local funds which contribute towards
the Project match are currently budgeted as follows:
City share: $2,000,000 (43%)
County share: $2,000,000 (43%)
Private Donor share: $ 669,407 (14%)
Total project match: $4,669,407
The State will invoice the City of Brookings for 20% of the project costs . The City of
Brookings will then invoice Brookings County and the Private Donors for their share of
the project match at the above percentages. It is anticipated that cost overages will be
paid for at the same percentage share as the project match.
The City of Brookings and Brookings County agree to a Memorandum of Understanding
which describes the funding details. The City and County will review the Engineer’s
Cost Estimates at the 30%, 60%, and 95% design stages to discuss project costs and
budget.
Legal Consideration:
City Attorney Steve Britzman has reviewed the Memorandum of Understanding.
Strategic Plan Consideration:
This project furthers the accomplishment of a City Council Strategic Initiative to provide
for the planning, financing, and construction of the East 20th Street South Interchange
with I-29.
Financial Consideration:
The current budget for the project is as follows:
BUILD Grant: $18,677,630
City: $ 2,000,000
County: $ 2,000,000
Private Donors: $ 669,407
Total project cost: $23,347,037
The City of Brookings, Brookings County, and Private Donors will be responsible for the
20% project match. The project budget will be updated as cost figures are determined.
Options and Recommendation:
The City Council has the following options:
1. Approve as presented
2. Deny
3. Move the item to a work session
4. Do nothing
Staff recommends approval of the resolution as presented to authorize the City
Manager to sign the Memorandum of Understanding between the City of Brookings and
Brookings County for the 20th Street South BUILD Project.
Supporting Documentation:
1. Resolution
2. Memorandum of Understanding
3. Map
Resolution 20-018
A Resolution Authorizing the City Manager to Sign a Memorandum of
Understanding between the City of Brookings and Brookings County for
the 20th Street South BUILD Project
Whereas, the Brookings City Council desires the construction of a new interchange at
Interstate 29 and 20th Street South in Brookings, SD; and
Whereas, the City has been awarded a federal “Better Utilizing Investments to Leverage
Development (BUILD)” Grant in the amount of $18,677,630.00 towards the project; and
Whereas, the City has requested the State of South Dakota to function as the
administrator for the Project along with the Federal Highway Administration (FHWA);
and
Whereas, the City, in combination with Brookings County and private development
partners, have committed a local financial match in the amount of Four Million Six
Hundred Sixty-Nine Thousand Four Hundred Seven Dollars ($4,669,407.00) for the
Project.
Now, Therefore, Be It Resolved that the City Manager of the City of Brookings is
authorized to sign a Memorandum of Understanding between the City of Brookings and
Brookings County for the 20th Street South BUILD Project.
Dated this 10th day of March, 2020.
CITY OF BROOKINGS
_________________________
Keith W. Corbett, Mayor
ATTEST:
____________________________
Bonnie Foster, City Clerk
1
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
CITY OF BROOKINGS, SOUTH DAKOTA AND
BROOKINGS COUNTY, SOUTH DAKOTA
1. PARTIES
This Memorandum of Understanding (MOU) is entered into by and between the City of
Brookings, South Dakota (hereinafter “City”), and Brookings County, South Dakota
(hereinafter “County”').
WHEREAS, the City has been awarded a federal “Better Utilizing Investments to
Leverage Development (BUILD) grant, referred to in this MOU as the “GRANT,” in the
amount of Eighteen Million Six Hundred Seventy-seven Thousand Six Hundred Thirty
Dollars ($18,677,630.00) towards the construction of a new interchange at Interstate 29
(I-29) and 20th Street South (the “Project”); and
WHEREAS, the City, in combination with Brookings County and private development
partners, have committed a local match in the amount of Four Million Six Hundred Sixty-
nine Thousand Four Hundred Seven Dollars ($4,669,407.00) for the Project, and
WHEREAS, the Project has the following approximate deliverable dates:
30% Review Plans: September 2020
60% Review Plans: November 2020
Release to Right-of-Way: December, 2020
95% Structure and Final Plans to SDDOT for Review: February, 2021
Project Ready Date: June 15, 2021
Anticipated Bid Date: September 15, 2021
NOW THEREFORE, the parties agree to the foregoing and as follows:
2. PURPOSE
The purpose of this MOU is to set forth the City and County’s participation in the cost
and authorization of construction of an interstate interchange at 20th Street South on
Interstate 29 in the City of Brookings.
3. ESTIMATED COST AND FINANCIAL OBLIGATIONS OF EACH PARTY
The estimated cost share of the County and of the City for design and construction of
the Project is Two Million Dollars each, which shall be budgeted and paid by each party
as stated herein. The County has sufficient funds to pay its share of the design and
construction of the Project. The City also has sufficient funds to pay its share of the
design and construction of the Project.
4. MANNER OF FUNDING CITY’S PARTICIPATION
The City’s financial participation in the interstate interchange project is contingent upon
it approving appropriate funding that is in accordance with the requirements of SDCL
Chapter 9 – 21 (Tax Levies and Appropriations) in addition to any other applicable
2
statutory requirements. City agrees to diligently and in good faith endeavor to
appropriate such funding as City deems necessary and prudent.
5. MANNER OF FUNDING COUNTY’S PARTICIPATION
The County’s financial participation in the interstate interchange project is contingent
upon it approving appropriate funding that is in accordance with the requirements of
SDCL Chapter 7 –21 (County Budget and Appropriations) in addition to any other
applicable statutory requirements. County agrees to diligently and in good faith
endeavor to appropriate such funding as County deems necessary and prudent.
6. PAYMENT OF PROJECT COSTS
While the Project is projected to require City and County financial contributions for Two
Million Dollars each, the parties understand and agree that the Project costs could
exceed this estimate, and therefore it is appropriate to address the possibility of
additional Project costs which exceed the estimated Project costs. In order to clarify the
financial obligations of the parties in case of additional construction costs, the
geographical boundaries of the Project are as follows:
1. The portion of 20th Street South, which is west of the overpass, up to and
including its intersection with 22nd Avenue South, but no further west;
2. The portion of 20th Street South, which is east of the overpass, up to and
including its intersection with 34th Avenue South, but no further east;
A. Each party shall pay a percentage share of the cost of designing and
constructing the Project, up to in the amount of Two Million Dollars ($2,000,000)
each. The terms and conditions concerning the financial commitment for the
Private Sector partners are provided in a separate agreement.
B. The parties expect the project to cost $23,347,037.00 or less. In the event the
cost estimate or actual cost exceeds $23,347,037.00, the parties will negotiate
how much of the excess each party shall pay.
C. The City and County shall review the Engineer’s Cost Estimates at the 30%, 60%
and 95% Plans stage. The tentative review dates are approximately September
2020 for 30% Plans, November 2020 for 60% Plans and February 2021 for 95%
Plans. The dates will be adjusted based on the design timeline. Consent of all
parties or their designated representative is of the essence to this agreement,
and mandatory for any decisions resulting in excess costs. Consent may be
withheld at each cost estimate review date until the parties negotiate a nd agree
on additional financial liability for each party. The parties agree to expedite their
consideration of issues related to potential excess costs.
D. Each party shall timely pay its respective share of the Project costs as they
become due under the engineering and construction contracts. The City shall
invoice the County on a monthly basis for the County’s share of the Project costs
after they are submitted to the City from the SDDOT.
7. TERMINATION
This Agreement shall continue until Project completio n unless otherwise terminated by
the parties by mutual agreement.
3
8. EFFECTIVE DATE
This MOU will be in effect upon full execution of this MOU and will continue in effect
until such time the parties mutually terminate this MOU.
9. AMENDMENT
This Agreement may be amended and supplemented from time to time by the action of
the governing bodies of the County and City. This MOU may not be amended except in
writing, which writing will be expressly identified as a part of this MOU and be signed by
an authorized representative of each of the parties.
10. THIRD PARTIES
This MOU is intended to only govern the rights and interest of the parties named herein.
It is not intended to, does not and may not be relied upon to create any rights,
substantial or procedural, enforceable at law by any third party in any matters, civil or
criminal.
The parties have caused this MOU to be executed as of the date of the last signature
below.
CITY OF BROOKINGS, SOUTH DAKOTA BROOKINGS COUNTY
By: Paul Briseno By: Mike Bartley
Its: City Manager Its: Chair Brookings County
Board of Commissioners
Date: Date:
ATTEST:
Bonnie Foster, City Clerk
20th Street South BUILD Project
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 20-0124,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 3/5/2020Page 1 of 1
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Progress Report
March 2020
2020 Census
• www.BrookingsCounts.com
• Key Dates
•Mid-March: Invites sent via mail
•April 1: Census Day
•March – July: Time to respond
•May – July: Census workers knocking
• How to Respond
•Online
•Phone
•Email
20th Street Interchange
• City and DOT are finalizing the
design contract
•Interstate Justification Report
•Environmental Review
•Right-of-Way Acquisition and Design
• Public meetings will be advertised
as dates are set
20th Street South
• Project to begin as soon as
weather permits
• Western Ave to Rio Grande
Ave
• Scope
•Road reconstruction
•Storm sewer
•Shared use path
•Utility upgrades and street lights
• Completion: October 2020
Yard Waste Carts
• Marketing
•Radio promotion running
•Ad in the paper
•Social media posts
• 300 carts requested
• Two (2) loads of carts
•April 1
•April 15
• Call the landfill to request your cart today!
•(605) 693-3667
Swiftel Center
• Brett Young Concert
•February 29, 2020
•Sold out – nearly 4,000
attendees
• Tough Enough to Wear Pink
•Raised $2,783 in 2019 for
Brookings Health System
Parks and Recreation
• Part of Frost Fest – February 15
•Ice Fishing
•Snow Shoeing
• 53 youths plus parents
• Many fish were caught…and
released!
2020 Legislative Session
• Bill tracking document
• Promote Brookings’ interests
•Letters to representatives
•Legislative testimony
Spring Clean-Up &
Paint Exchange
• Spring Clean Up
•Landfill open for free dumping April 1 to 25
•Curbside pick-up will begin on April 13
•700 tons in 2019
• Paint exchange
•April 11
•2019 set a record with 720 gallons
• Visit the City website and follow us on
Facebook for more information
Spring Election
• Early Voting: March 30, 2020
•City/County Government Center
• Election Day: April 14, 2020
• Five (5) Polling Locations
•Brookings Activity Center
•Bethel Baptist Church
•Holy Life Tabernacle Church
•SDSU Alumni Center
•Aurora Little Hall
• Sample ballots online
Sleep in Heavenly Peace
• Build, assemble and deliver
beds for families in need
• City staff and representatives
built 21 beds
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 20-0120,Version:1
Executive Session, pursuant to SDCL 1-25-2, for 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.
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 3/5/2020Page 1 of 1
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City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 20-0088,Version:2
Action on 2020 City Manager Compensation Package.
Summary:
The City Council will take action on City Manager Paul Briseno’s compensation package for 2020.
City of Brookings Printed on 3/5/2020Page 1 of 1
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