HomeMy WebLinkAbout2020_04_08 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 Chambers5:15 PMWednesday, April 8, 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.
5:15 PM SPECIAL MEETING
1. Call to Order / Pledge of Allegiance.
2. Record of Council Attendance.
3. Executive Session
ID 20-0162 Executive Session, pursuant to SDCL 1-25-2, for consulting with legal
counsel or reviewing communications from legal counsel about proposed
or pending litigation or contractual matters.
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.
Page 1 City of Brookings
April 8, 2020City Council Meeting Agenda
4.A. Action to approve the agenda.
4.B.ID 20-0145 Action to approve the March 10 and March 23, 2020 City Council minutes.
3/10/2020 Minutes
3/23/2020 Minutes
Attachments:
4.C.ID 20-0164 Action on appointments to the Bicycle Advisory Committee.
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.ID 20-0165 Update on the April 14th Combined Municipal / School Board Election
postponement.
HB 1298Attachments:
7. Contracts/Change Orders:
7.A.RES 20-034 Action on Resolution 20-034, a Resolution Authorizing Change Order No. 3
(Final) for the 2019-04STI, 22nd Avenue Phase I Reconstruction Project,
Timmons Construction, Inc.
Memo
Resolution
Map
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
7.B.RES 20-031 Action on Resolution 20-031, a Resolution Awarding Bids on Airport
Hangar Taxilane Reconstruction Project, AIP #3-46-0005-032-2020.
Memo
Resolution
Map
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
7.C.RES 20-033 Action on Resolution 20-033, a Resolution Awarding Bids on City Crop
Lease in Wiese and Freeland Additions.
Page 2 City of Brookings
April 8, 2020City Council Meeting Agenda
Memo
Resolution
Freeland Map
Wiese Map
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
7.D.RES 20-036 Action on Resolution 20-036, a Resolution Awarding Bids on the Bob
Shelden Athletic Field Complex Renovation Project.
Memo
Resolution
Bob Shelden Bid Tabulation
Project Area Map
FOB Committment Letter to the City of Brookings - 4.1.2020
FB&T Financing Committment Letter - 4.1.2020
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: NONE
10. Other Business:
10.A.RES 20-035 Action on Resolution 20-035, a Resolution Authorizing the Execution of a
Real Estate Sale and Purchase Agreement.
Memo
Resolution
Map
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
10.B.ORD 20-005 Action on Ordinance 20-005, an Emergency Ordinance to Address a
Public Health Crisis by Implementing Certain Measures Which Have Been
Deemed Necessary to Slow the Community Spread of Coronavirus
(COVID-19). (REVISED Ordinance 20-005)
Memo
Ordinance (REVISED) - Clean
Ordinance (REVISED) - Marked
Ordinance 20-005 - approved 03/23/2020
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
Legislative History
Page 3 City of Brookings
April 8, 2020City Council Meeting Agenda
3/23/20 City Council approved
3/23/20 City Council amended
3/23/20 City Council approved as amended
11. City Council member introduction of topics for future discussion.
Any Council Member may request discussion of any issue at a future meeting only.
Items cannot be added for action at this meeting. A motion and second is required
stating the issue, requested outcome, and time. A majority vote is required.
12. Executive Session
ID 20-0163 Executive Session, pursuant to SDCL 1-25-2, for consulting with legal
counsel or reviewing communications from legal counsel about proposed
or pending litigation or contractual matters.
Action: Motion to enter into Executive Session, Voice Vote
Action: Motion to exit Executive Session, Voice Vote
13. Adjourn.
Brookings City Council: Keith Corbett, Mayor; Patty Bacon, Deputy Mayor
Council Members Leah Brink, 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 4 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 20-0162,Version:1
Executive Session, pursuant to SDCL 1-25-2, for consulting with legal counsel or reviewing
communications from legal counsel about proposed or pending litigation or contractual matters.
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 4/3/2020Page 1 of 1
powered by Legistar™
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 20-0145,Version:1
Action to approve the March 10 and March 23, 2020 City Council minutes.
Attachments:
3/10/2020 Minutes
3/23/2020 Minutes
City of Brookings Printed on 4/3/2020Page 1 of 1
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Brookings City Council
March 10, 2020 (unapproved)
The Brookings City Council held a meeting on Tuesday, March 10, 2020 at 6:00 PM, at
City Hall with the following City Council members present: Mayor Keith Corbett and
Council Members Holly Tilton Byrne, Nick Wendell, Leah Brink, and Ope Niemeyer.
Absent: Council Members Patty Bacon and Dan Hansen. City Attorney Steve Britzman,
City Manager Paul Briseno, and City Clerk Bonnie Foster were also present.
6:00 PM REGULAR MEETING
Consent Agenda: A motion was made by Council Member Wendell, seconded by
Council Member Brink, to remove Item #3 Executive Session, Item #13 Executive
Session, and Item #14 City Manager Compensation Package from the agenda. The
motion carried by the following vote: Yes: 5 - Corbett, Niemeyer, Brink, Wendell, and
Tilton Byrne; Absent: 2 - Hansen, and Bacon. A motion was made by Council Member
Tilton Byrne, seconded by Council Member Wendell, to approve the Consent Agenda,
as amended. The motion carried by the following vote: Yes: 5 - Corbett, Niemeyer,
Brink, Wendell, and Tilton Byrne; Absent: 2 - Hansen, and Bacon.
4.A. Action to approve the agenda.
4.B. Action to approve the February 25, 2020 City Council Minutes.
4.C. Action on appointments to City Boards, Committees, and Commissions:
Board of Adjustment: appoint Matt Chandler (term expires 1/1/2021); Public Arts
Commission: appoint Taylor McKeown (term expires 1/1/2023).
4.D. 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.
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, Superintende nt,
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.
4.E. Action on Resolution 20-030, a Resolution designating the Mayor as
Certifying Officer for ICAP Self-Help Homeownership Opportunity Program.
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.
4.F. Action on Resolution 20-027, a Resolution declaring surplus property for
the City of Brookings.
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; 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.
Proclamation Presentation. Mark Sternhagen, Chair of the Brookings Committee for
People who have Disabilities, and Hanna Dorn accepted the Proclamation.
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.
Mayor’s Annual State of the City Address. Mayor Corbett presented the annual
State of the City Message.
“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 and celebrate our abundant blessings.
Comprehensive Economic Development Strategy. We must follow our strategy for
economic development and growth to survive and prosper. This will be possible by
following these five elements of our strategy: 1) Smart and Balanced Growth. Informed
decision making and thoughtful processes are the guidepost for future growth and
development. 2) Economic Prosperity. We must create household business and
community wealth. 3) Competitive Business Environment. Assemble the resources
and amenities that will allow businesses to flourish . 4) High Quality Community. Create
and environment and amenities that establish the community as a “people destinat ion.”
And 5) High Performance Community. Develop Brookings County and communities as
role models in all aspects of “community.”
Business Development. The Brookings Economic Development Corporation has been
doing some amazing work. This is summarized by the following: worked with 87
business prospects on recruitment initiatives; worked with 164 entrepreneurs, helping
them advance their business ideas; and assisted 114 local businesses with workforce,
retention and expansion projects. Their work program generates an on-going economic
impact of more than $93 million annually.
Brookings County Workforce. In December of 2019, there were a total of 1,464 job
openings in Brookings County. On any given day, there are usually between 500-1,000
job openings. Current Top 10 Advertised Job Industries (as of January 4, 2020):
Manufacturing, Educational Services, Retail Trade, Accommodation & Food Services,
Health Care & Social Assistance, Administrative Support and Waste Management &
Remediation Services, Public Administration, Wholesale Trade, Transportation and
Warehousing, and Finance and Insurance.
Unemployment Rates. In 2019, the Brookings County unemployment rate remained low
at 3%.
Residential Building Permits. In 2019, there were 72 single-family homes, 4 townhouse
units, 6 duplex units, and 72 apartment units constructed. The building permit value for
2019 was $48,866,773, an increase of $7,752,057 from 2018. Of that total, $22.2
million was residential and $26.7 million was commercial.
Taxable Sales. Overall gross receipts taxable sales was up 11.35% from $95.4m to
$106.2m, which is the greatest percentage increase in a five year period. General
taxable sales for 2019 was up 3.24% from 2018. Construction Taxable Sales totaled
$19.5m (up 42%). Retail Sales totaled $389m (up 5.2%). 2019 Sales Tax Revenue
ended up being 5.2% or $357K over budget. Even though it closed strong, 1st penny
monthly intake was materially volatile throughout the year which makes resource
planning challenging. The 3rd Penny Tax Revenue was 9% or $87K above budget. The
3B strong intake for 2019 was in big part due to a previous year amendment with a total
incremental impact of $61K (2018 had a $15K deficit vs budget). Over the last 12
months, the Midwest Region CPI average was 1.5%. The index for all items less food
and energy rose 2.0% over the year. Energy prices advanced 5.6% and food prices
were up 1.9%.
What should we celebrate about Brookings? Population is 24,509 (based on Census
2018 Estimate). This is an increase of 11% since the 2010 Census. We have an Aa3
Bond rating. The City has healthy, but not excessive reserves. All enterprise funds and
businesses are well run. The people.
Some additional things to celebrate about Brookings: #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)
Some things to celebrate about the City of Brookings dedicated and knowledgeable
staff, City Council, BEDC, CVB, and Chamber: commitment to strategic planning (CIP
& CRP); completion of the Comp Plan 2040; commitment to a balanced budget; 1st in
SD to establish a Research Park, Community Makerspace, and Technology
Commercialization Facility; Vision Brookings 2006 - 2021; nearly $8M raised from
private investors, and an additional $26.8M leveraged; received $18.7M BUILD Grant
for new interstate interchange; received $35,000 Grant to host the Innovation Summit;
2019 Workforce Survey completed by 71 companies representing 68% of workforce;
2019 Consumer Survey completed by 2,123 residents ; Prairie AquaTech opened $45M
production plant (BEDC constructed Technology Commercialization Center for them to
validate product prior to plant construction); rolled out SDSU Idea Adviser program with
regular office hours on campus; had three retail grants awarded: Honeycomb Gifts,
Pasque Inc. (new home décor store), and Jack’s Entertainment; Jennifer Quail became
certified entrepreneur coach for an inaugural project with SDSU faculty to help validate
commercial viability of research-related activity; continued planning for commercial
kitchen opening early 2020 (awarded $91,000 grant in 2018 for equipment /
programming); Swiftel Center was awarded the: 2019 George Mickelson Great Service
Award: 2019 Great Service Star Designation from the South Dakota Department of
Tourism; and Brookings was recognized as a Fiber Friendly City” by Broadband now –
This means that over 90% of our citizens have access to at least one fibe r broadband
provider.
Affordable Housing. TIF project upcoming for Timberline Edition Phase 2 ICAP
program, which includes 42 affordable lots that will be developed near west 16 th Ave.
Plans to move forward with this will likely take place in 2021 and 2022.
Continued Dedication to Mental Health. The Mental Health Task Force completed their
study early 2019. Outcomes: contributions to mental health organizations; Officers at
the Brookings Police Department are receiving crisis intervention training to b etter equip
them to properly handle and navigate situations involving citizens who may be
experiencing a mental health crisis; and continued support of the Brookings Area Mental
Health Resource Guide. The guide is an initiative of the Brookings Mental Health Task
force. Funding is provided in a joint effort in funding through the City of Brookings and
Brooking County. The guide, which provides a list of mental health resources within the
community is available through helplinecenter.org .
Child care and adult care. The Brookings Economic Development Corporation
Workforce Alliance and Subcommittees were created to address topics such as this.
The Childcare Subcommittee helps assist in the start-up or expansion of childcare
centers and homes to meet community daycare needs. In the Fall of 2019, the
committee, along with the Family Resource Network, started working on a Brookings
County Childcare Survey, which was launched in January of 2020. The data collected
from the survey will be used to bring awareness to the current child care challenges and
opportunities within the community. The Childcare Committee will be making
recommendations based on the results after March 16, 2020.
Retail Growth. In 2019, economic development awarded three downtown businesses
with grants to help expand their companies. They were: Honeycomb Gifts, Pasque Inc.
(new home décor store), and Jack’s Entertainment. Jennifer Quail became a certified
entrepreneur coach in charge of an inaugural project with SDSU faculty to help validate
commercial viability of research-related activity. Continued planning for a commercial
kitchen opening early 2020 (awarded $91,000 grant in 2018 for
equipment/programming).
The SDSU and City relationship. In 2019, ESPN Gameday was held. The entire
community pulled together to make the event a success. In 2019, the City of Brookings,
BEDC, CVB, Chamber, Downtown Brookings, and the Swiftel Center developed the B-
Town Buzz, a newsletter and website created to connect SDSU students with events,
jobs, volunteer/leadership opportunities and provide education related to the
community. The City of Brookings along with the BEDC, CVB, Chamber, and
Downtown Brookings joined forces as community partners with classes within the
School of Communication and Journalism at SDSU.
Brookings continues to be a place where individuals can truly “Bring Their Dreams!”
Resolution 20-022. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Wendell, that Resolution 20-022, a Resolution Awarding Bids on
2020-07STI, Freight On Board Asphalt Material, be approved. The motion carried
by the following vote: Yes: 5 - Corbett, Niemeyer, Brink, Wendell, and Tilton Byrne;
Absent: 2 - Hansen, and Bacon.
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.
Resolution 20-023. A motion was made by Council Member Niemeyer, seconded by
Council Member Wendell, that Resolution 20-023, a Resolution Awarding Bids on 2020-
06STI, Chip Seal Project, be approved. The motion carried by the following vote: Yes: 5
- Corbett, Niemeyer, Brink, Wendell, and Tilton Byrne; Absent: 2 - Hansen, and Bacon.
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.
Resolution 20-024. A motion was made by Council Member Wendell, seconded by
Council Member Tilton Byrne, that Resolution 20-024, a Resolution Awarding Bids on
2020-05STI, Moriarty Park Drainage Improvements, be approved. The motion carried
by the following vote: Yes: 5 - Corbett, Niemeyer, Brink, Wendell, and Tilton Byrne;
Absent: 2 - Hansen, and Bacon.
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.
Ordinance 20-004. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Wendell, that Ordinance 20-004, an Ordinance Authorizing
Supplemental Appropriation #3 to the 2020 Budget, be approved. The motion carried by
the following vote: Yes: 5 - Corbett, Niemeyer, Brink, Wendell, and Tilton Byrne; Absent:
2 - Hansen, and Bacon.
On-Off Sale Malt License Transfer. A public hearing was held 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. A motion was made
by Council Member Tilton Byrne, seconded by Council Member Wendell, that the Malt
License transfer be approved. The motion carried by the following vote: Yes: 5 -
Corbett, Niemeyer, Brink, Wendell, and Tilton Byrne; Absent: 2 - Hansen, and Bacon.
Resolution 20-025. A public hearing was held 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. A
motion was made by Council Member Tilton Byrne, seconded by Council Member
Wendell, that Resolution 20-025 be approved. The motion carried by the following vote:
Yes: 5 - Corbett, Niemeyer, Brink, Wendell, and Tilton Byrne; Absent: 2 - Hansen, and
Bacon.
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.
Resolution 20-028. A public hearing was held on Resolution 20-028, a Resolution of
Intent to Lease Real Property to the Brookings Backpack Program. A motion was made
by Council Member Niemeyer, seconded by Council Member Tilton Byrne, that
Resolution 20-028 be approved. The motion carried by the following vote: Yes: 5 -
Corbett, Niemeyer, Brink, Wendell, and Tilton Byrne; Absent: 2 - Hansen, and Bacon.
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.
Resolution 20-029. A public hearing was held on Resolution 20 -029, a Resolution of
Intent to Lease Real Property to Northern Plains Power Technologies. A motion was
made by Council Member Tilton Byrne, seconded by Council Member Niemeyer, that
Resolution 20-029 be approved. The motion carried by the following vote: Yes: 5 -
Corbett, Niemeyer, Brink, Wendell, and Tilton Byrne; Absent: 2 - Hansen, and Bacon.
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.
Resolution 20-018. A motion was made by Council Member Brink, seconded by
Council Member Tilton Byrne, that 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, be approved. The motion
carried by the following vote: Yes: 5 - Corbett, Niemeyer, Brink, Wendell, and Tilton
Byrne; Absent: 2 - Hansen, and Bacon.
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 intercha nge 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.
Progress Report. Jacob Meshke, Assistant City Manager, provided a progress report
highlighting the City’s activities and projects.
Adjourn. A motion was made by Council Member Wendell, seconded by Council
Member Brink, that this meeting be adjourned at 6:52 p.m. The motion carried by a
unanimous vote.
CITY OF BROOKINGS
__________________________
ATTEST: Keith W. Corbett, Mayor
__________________________
Bonnie Foster, City Clerk
Brookings City Council
March 23, 2020 (unapproved)
The Brookings City Council held a special meeting on Tuesday, March 23, 2020 at 6:00
PM, at City Hall with the following City Council members present: Mayor Keith Corbett
and Council Members Holly Tilton Byrne, Nick Wendell, Patty Bacon, Dan Hansen,
Leah Brink, and Ope Niemeyer. City Attorney Steve Britzman, City Manager Paul
Briseno, and City Clerk Bonnie Foster were also present.
6:00 PM SPECIAL MEETING
Agenda: A motion was made by Council Member Hansen, seconded by Council
Member Wendell, that the agenda be approved. The motion carried by the following
vote: Yes: 7 - Corbett, Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton Byrne.
Ordinance 20-005. A motion was made by Council Member Niemeyer, seconded by
Council Member Wendell, that Ordinance 20-005 be amended to include salons,
barbershops and spas to the list of businesses to be closed. The motion carried by the
following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton
Byrne.
Resolution 20-032. A motion was made by Council Member Bacon, seconded by
Council Member Niemeyer, that Resolution 20-032, an Emergency Resolution to
Authorize the City Manager to utilize Fund Reserves to address the current public
health crisis, be approved. The motion carried by the following vote: Yes: 7 - Corbett,
Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton Byrne.
Resolution 20-032 - An Emergency Resolution of the City Council of the City of
Brookings, South Dakota, to Address a Public Health Crisis by Authorizing the City
Manager to Utilize Certain Fund Reserves for Emergency Financial Assistance.
Whereas, the City of Brookings has the authority pursuant to SDCL 9 -29-1 and SDCL
9-32-1 to pass resolutions and ordinances for the purpose of promoting the health,
safety, and general welfare of the community, and to do what may be necessary for the
promotion of health or the suppression of diseases; and
Whereas, on March 13, 2020, President Donald Trump declared a national emergency
in response to the global pandemic of COVID-19; and
Whereas, on the same day, Governor Kristi Noem, issued Executive Order 2020 -04
which declared a state of emergency to exist in the State of South Dakota in response
to the spread of COVID-19; and
Whereas, the City of Brookings, in response to the COVID-19 public health emergency,
may need to provide emergency funding, through the use of the following fund reserves,
to provide financial assistance through programs established by the Chamber of
Commerce, Brookings Convention and Visitors Bureau and/or the Brookings Economic
Development Corporation and other Brookings non-profit organization; and
Whereas, the City of Brookings has the authority under its Charter to make Emergency
Appropriations under 4.06(b) and Transfers of Unencumbered Appropriation Balances
under 4.06(d);
Now, Therefore, Be It Resolved by the City Council of the City of Brookings, South
Dakota (the "City") as follows:
1) The City Manager is authorized to use reserves from the City’s general, special
revenue and enterprise funds to provide emergency financial assistance through
programs established by the above-referenced community non-profit
organizations to provide this assistance; and
2) The City Manager shall report uses of funds and proper documentation of such
uses to the City Council. Budget amendments, as necessary, shall be submitted
to the City Council to reflect actions taken under this emergency resolution; and
3) All action of the City Council and/or any officers, agents and employees of the
City, consistent with the purposes and intent of this resolution, whether taken
before or after the adoption hereof, are ratified, confirmed and adopted; and
4) This resolution is necessary for the immediate preservation of the pub lic peace,
health, safety and welfare of the City and shall become effective immediately
upon passage.
Adjourn. A motion was made by Council Member Hansen, seconded by Council
Member Brink, that this meeting be adjourned at 6:12 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 20-0164,Version:1
Action on appointments to the Bicycle Advisory Committee.
Summary:
Mayor Keith Corbett has submitted the following appointment recommendations for City Council
advice and consent:
Brookings Bicycle Advisory Committee
Positions:2
Term Length:3 years (terms expire 1/1/2023)
Residency Requirement:Not required
Purpose: The role of the Brookings Bicycle Advisory Committee (BBAC) is to advise the City Council,
City Manager, and City Boards on bicycling related issues; help advance the state of bicycle
infrastructure; encourage bicycling for transportation and recreation; public education and
awareness; improve safety and compliance with traffic laws; assist the City with bicycle plans; review
and suggest legislative and policy changes; recommend priorities for use of the public funds on
bicycle projects; and help ensure Brookings retains and enhances its status as a bike friendly
community.
Mayor’s Recommendation:
1.Appoint Jess Fryslie
2.Appoint Ben Vukovich
Recommendation:
Staff recommends approval.
City of Brookings Printed on 4/3/2020Page 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 20-0165,Version:1
Update on the April 14th Combined Municipal / School Board Election postponement.
Summary:
The State Legislature passed HB 1298 on Veto Day. This act provides the postponement of
elections. The April 14th Combined Municipal / School Board Election will have to be postponed
based on this legislation to “any Tuesday in June.”
The recommended alternate election date is Tuesday, June 23rd. Staff will share with the City
Council and the public why this date was selected, proposed election process and clarity of common
questions asked.
Attachments:
HB1298
City of Brookings Printed on 4/3/2020Page 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 #:RES 20-034,Version:1
Action on Resolution 20-034, a Resolution Authorizing Change Order No. 3 (Final) for the 2019-
04STI, 22nd Avenue Phase I Reconstruction Project, Timmons Construction, Inc.
Summary:
This project is the 22nd Avenue Reconstruction Project between Minnesota Drive and Eastbrook Drive
which includes full reconstruction to widen the current roadway, construct concrete sidewalks, traffic
signals, and street lighting.
This project has been completed and is ready to be closed out. The change order will authorize an
increase of $8,636.64 to the current contract amount to adjust plan quantities to as-constructed
quantities. A portion of the increase in cost was due to additional gravel due to wet conditions and
asphalt work on the side streets. In addition, this change order will extend the contract final
completion date to June 19, 2020 due to delayed shipment of the traffic signal equipment and final
punch list work. The final contract price of this project is $2,901,833.24.
Recommendation:
Staff recommends approval of the resolution as presented.
Attachments:
Memo
Resolution
Map
City of Brookings Printed on 4/3/2020Page 1 of 1
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City Council Agenda Memo
From: Jackie Lanning, City Engineer
Council Meeting: April 8, 2020
Subject: Change Order No. 3 (Final) for the 2019-04STI, 22nd Avenue
Phase I Reconstruction Project, Timmons Construction, Inc.
to close out the project.
Person(s) Responsible: Jackie Lanning, City Engineer
Summary:
This resolution will approve Change Order No. 3 (Final) for the 2019-04STI 22nd Avenue
Phase I Reconstruction Project to adjust plan quantities to as-constructed quantities and
extend the final completion date to June 19, 2020 to close out the project.
Background:
This project was the 22nd Avenue Reconstruction Project between Minnesota Drive and
Eastbrook Drive, which included full reconstruction to widen the current roadway for 11’-
wide driving lanes, 5’-wide concrete sidewalk on one side of the street, 8’-wide concrete
shared use path on the other side of the street, replacement of underground utilities,
traffic signal upgrades and new street lighting.
Item Details:
This project has been completed and is ready to be closed out. The change order will
authorize an increase of $8,636.64 to the current contract amount to adjust plan
quantities to as-constructed quantities. A portion of the increase in cost was due to
additional gravel due to wet conditions and asphalt work on the side streets.
Staff and the consulting engineers are in agreement with the final quantities and the
change order costs.
In addition, this change order will extend the contract final completion date to June 19,
2020 due to delayed shipment of the traffic signal equipment and final punch list work.
The change order summary is as follows:
Original Contract Price: $2,835,903.50
Change from Previously Approved Change Orders (No. 1 & 2): $57,293.10
Contract Price Prior to this Change Order: $2,893,196.60
Increase of this Change Order (No. 3): $8,636.64
Contract Price Incorporating This Change Order: $2,901,833.24
Legal Consideration:
This change order will adjust the contract completion date June 19, 2020 with no
liquidated damages.
Strategic Plan Consideration:
This project further meets the City Council Stormwater Goal 2 of improving the existing
stormwater system with the new storm sewer and inlets that were installed. The project
also included a sump collection system to aid in reducing infiltration of storm water into
the sanitary sewer system. In addition, the project further meets sustainability goals by
recycling the asphalt pavement to be used as granular material and the new street lights
and traffic signal lights were installed with LED lights, reducing electric and maintenance
costs.
Financial Consideration:
This change order will close out the project for the total final cost of $2,901,833.24.
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 20-034
Resolution Authorizing Change Order No. 3 (Final) for 2019-04STI,
22nd Avenue Phase 1 Reconstruction Project, Timmons Construction, Inc.
Be It Resolved by the City Council that the following change order be allowed for 2019-
04STI, 22nd Avenue Phase 1 Reconstruction Project:
Construction Change Order Number 3 (Final): Adjust plan quantities to as-
constructed quantities for a total increase of $8,636.64 to the contract and extend
the final completion date to June 19, 2020 to close out the project.
Passed and approved this 8th day of April, 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 20-031,Version:1
Action on Resolution 20-031, a Resolution Awarding Bids on Airport Hangar Taxilane Reconstruction
Project, AIP #3-46-0005-032-2020.
Summary:
The City held a bid letting on Tuesday, March 17, 2020 for the Airport Hangar Taxilane
Reconstruction Project. The low bid from Bowes Construction, Inc. of $242,433.00 was 17% lower
than the Engineer’s Estimate of $293,102.50 and is within budget. Approval of the resolution will
make tentative award of the Airport Hangar Taxilane Reconstruction Project No. AIP #3-46-0005-032-
2020 to Bowes Construction, Inc. for the low bid price of $242,433.00, contingent upon receipt and
approval of a Good Faith DBE Effort and receipt of an FAA Grant Offer.
This resolution will authorize the City Manager to sign the FAA Grant Offer, Grant Agreement, and all
other related documents for necessary paperwork for the Contract Documents.
Recommendation:
Staff recommends approval of the resolution as presented.
Attachments:
Memo
Resolution
Map
City of Brookings Printed on 4/3/2020Page 1 of 1
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City Council Agenda Memo
From: Jackie Lanning, City Engineer
Council Meeting: April 8, 2020
Subject: Awarding Bids on Airport Hangar Taxilane Reconstruction,
AIP #3-46-0005-032-2020
Person(s) Responsible: Jackie Lanning, City Engineer and Matt Sommerfeld, Airport
Manager
Summary:
Approval of the resolution will make tentative award of the Airport Hangar Taxilane
Reconstruction Project No. AIP #3-46-0005-032-2020 to Bowes Construction, Inc. for
the low bid price of $242,433.00, contingent upon receipt and approval of a Good Faith
DBE Effort and receipt of an FAA Grant Offer. The City Manager is authorized to sign
the FAA Grant Offer, Grant Agreement, and all other related documents for necessary
paperwork for the Contract Documents.
Background:
This project was designed by Helms and Associates and involves the reconstruction of
an airport taxilane located between the City Aircraft Rescue & Fire Fighting (ARFF)
building and the SDSU/Pheasant Fury building as shown on the attached map. The
project work includes grading, aggregate base course, storm sewer, asphalt paving, and
lighting.
The City held a bid letting on Tuesday, March 17, 2020, and the City received the
following bids:
Bowes Construction, Inc. $242,433.00
DeBoer Construction, Inc. $269,948.50
The bids were very competitive for this project. The bid from Bowes Construction, Inc.
is approximately 17% lower than the Helms and Associates Engineer’s Estimate of
$293,102.50.
Item Details:
The City anticipates receiving a grant for the project, which will be funded by 90%
federal funds, 5% state funds, and 5% City funds. The taxilane will be able to service
future hangars with the benefit of utilizing grant funds for the construction costs. The
final project cost may be lower than the grant. If the final cost is higher than the
budgeted amount, funds from the CIP will assist in covering the City’s share.
Legal Consideration:
None.
Strategic Plan Consideration:
The reconstruction of the taxilane will open up an area for hangar construction allowing
for revenue opportunities to assist in the goal of financial self -sufficiency for the airport.
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 20-031
Resolution Authorizing the City Manager to Sign Bid Award and Grant Documents
for Brookings Hangar Taxilane Reconstruction Project No. AIP #3-46-0005-032-2020
Whereas, the Brookings City Council desires South Dakota Department of Transportation
assistance with the Brookings Regional Airport Project 3-46-0005-32-2020; and
Whereas, the City of Brookings desires the reconstruction of the Hangar Taxilane including
grading, subbase course, aggregate base course, asphalt paving, pavement marking,
topsoil, seeding and miscellaneous items; and
Whereas, the City of Brookings opened bids for the project on Tuesday, March 17, 2020 at
1:30 pm at the Brookings City and County Government Center and received the following
bids: Bowes Construction, Inc. - $242,433.00 and DeBoer Construction, Inc. –
269,948.50.
Now Therefore, Be It Resolved that the tentative award for AIP Project #3-46-0005-32-
2020, Brookings Hangar Taxilane Reconstruction is made to Bowes Construction, Inc. for
the low bid of $242,433.00, contingent upon receipt and approval of a Good Faith DBE
Effort and receipt of an FAA Grant Offer and the Brookings City Manager is authorized to
sign the FAA Grant Offer, Grant Agreement and all necessary paperwork for the Contract
Documents.
Passed and Approved this 8th day of April, 2020.
CITY OF BROOKINGS
_________________________
Keith W. Corbett, Mayor
ATTEST:
____________________________
Bonnie Foster, City Clerk
Hangar Taxilane Reconstruction 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 #:RES 20-033,Version:1
Action on Resolution 20-033, a Resolution Awarding Bids on City Crop Lease in Wiese and Freeland
Additions.
Summary:
This resolution will award bids for the 2020 City Crop Lease in the Freeland and Wiese Additions to
Bauer Farms for the bid price of $170.00 per acre.
Background:
The City owns approximately 10 acres of property available for crop land in Section 18, Freeland
Addition, and 30 acres available for crop land in Section 19, Wiese Addition, both in T110N, R49W in
the City of Brookings industrial parks. The crop land lease will be a one-year lease for 2020,
renewable for one additional year in 2021 if agreeable to both parties. A bid letting was held at 1:30
pm on Tuesday, April 7, 2020 in the Brookings City & County Government Center, and the following
bids were received:
Name of Bidder Price Per Acre
1. Bauer Farms $170.00 / acre
There will be a second step to hold a public hearing at the April 28, 2020 City Council meeting on a
resolution of intent to lease to Bauer Farms, a private person, as required by statute.
Fiscal Impact:
The City will receive $6,800.00 in revenue for 2020.
Recommendation:
Staff recommends awarding the bid to Bauer Farms in the amount of $170.00 per acre.
Attachments:
Memo
Resolution
Freeland Map
Wiese Map
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City Council Agenda Memo
From: Mike Struck, Community Development Director
Council Meeting: April 8, 2020
Subject: Awarding of Cropland Bids
Person(s) Responsible: Mike Struck, Community Development Director
Summary:
This resolution will award bids for the 2020 City Crop Lease in the Freeland and Wiese
Additions to Bauer Farms for the bid price of $170.00 per acre.
Background:
The City owns approximately 10 acres of property available for crop land in Section 18,
Freeland Addition, and 30 acres available for crop land in Section 19, Wiese Addition,
both in T110N, R49W in the City of Brookings industrial parks. The crop land lease will
be a one-year lease for 2020, renewable for one additional year in 2021 if agreeable to
both parties. A bid letting was held at 1:30 pm on Tuesday, April 7, 2020 in the
Brookings City & County Government Center, and the following bids were received:
Name of Bidder Price Per Acre
1. Bauer Farms $170.00 / acre
There will be a second step to hold a public hearing at the April 28, 2020 City Council
meeting on a resolution of intent to lease to Bauer Farms, a private person, as required
by statute.
Discussion:
The City leases industrial land on a yearly basis to generate additional revenue off the
land until such time as private development is interested. In addition, the leasing of the
industrial land reduces the City’s maintenance responsibilities for such issues as weed
control.
Legal Consideration:
None.
Financial Consideration:
The City will receive $6,800.00 in revenue for 2020.
Options:
The City Council has the following options:
1. Award to the highest bidder
2. Reject the bids
Recommendation:
Staff recommends awarding the bid to Bauer Farms in the amount of $170.00 per acre.
Action Requested:
Approval of resolution award cropland bid to Bauer Farms.
Supporting Documentation:
1. Resolution
2. Map
Resolution No. 20 - 033
Resolution Awarding Bids on City Crop Lease in Wiese and Freeland Additions
Whereas, the City of Brookings opened bids for approximately 40 acres of City Crop
Lease for City-owned parcels located in Wiese Addition and Freeland Addition, Sections
18 and 19, T110N, R49W, on Tuesday, April 7, 2020 at 1:30 PM at the Brookings City &
County Government Center; and
Whereas, the City of Brookings has received the following bids for City Crop Lease:
Bauer Farms – $ 170.00/acre.
Now Therefore, Be It Resolved that the high bid of Bauer Farms, Aurora, SD, for
$170.00 per acre be accepted.
Passed and approved this 14th day of April, 2020.
CITY OF BROOKINGS
________________________________
Keith 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 20-036,Version:1
Action on Resolution 20-036, a Resolution Awarding Bids on the Bob Shelden Athletic Field Complex
Renovation Project.
Summary:
The City held a bid letting on Tuesday, March 17, 2020 for the Bob Shelden Athletic Field Complex
Renovation Project. The bid format included a base bid with several alternates that are shown on the
attached bid tabulation. The base bids received were:
·Clark Drew Construction, Inc. Brookings, SD:$2,516,000.00
·Schwartzle Construction, Tea, SD.:$2,749,000.00
The base bids include field lighting with LED fixtures, replacement of the grandstand, fencing,
concrete parking lot and grading of the playing field. Staff is recommending selecting Alternate 3 for
$91,500 (Permeable pavers and associated drainage) and Alternate 5A* for $223,000 (synthetic
infield turf) for a total project cost of $2,830,500.
Alternate 3 for $91,500 (Permeable pavers and associated drainage) would be funded utilizing Storm
Water Drainage funds.
The inclusion of Alternate 5A would be contingent upon acceptance of Friends of Baseball Letter of
Commitment.
This resolution will award the project to Clark Drew Construction, Inc. for the total bid amount of
$2,831,500.00.
Recommendation:
Staff recommends approval of the resolution as presented.
Attachments:
Memo
Resolution
Bid Tabulation Form
Friends of Baseball documents
Map
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City Council Agenda Memo
From: Dusty Rodiek, Parks, Recreation & Forestry Director
Council Meeting: April 8, 2020
Subject: Bob Shelden Athletic Field Complex Renovation Project Bid
Award
Person(s) Responsible: Dusty Rodiek, Parks, Recreation & Forestry Director
Summary:
Staff recommends awarding the Bob Shelden Athletic Field Complex Renovation
Project to Clark Drew Construction, Inc. for the low bid of $2,516,000 with the addition
of Alternate 3 for $91,500 (Permeable pavers and associated drainage paid by the
drainage fund) and Alternate 5A* for $223,000 (synthetic infield turf paid by FOB) for a
total project cost of $2,830,500.
The existing bidding environment is favorable and bonding authority was granted last
year for this project. Current City financial projections and modeling based on todays
environment for the Capital Improvement Fund allows for this project. The facility is in
need of many infrastructure renovations.
*Inclusion of Alternate 5A would be contingent upon acceptance of (FOB) Friends of
Baseball Letter of Commitment.
Background:
The City Council has approved funding of $2,800,00.00 as a construction budget for the
Bob Shelden Athletic Field Complex Renovation Project. Those funds were to include
the cost of construction administration and contingency. A remaining balance of
$300,000.00 was left in the bond fund to be used as additional contingency or for other
infrastructure projects. Friends of Baseball will provide funding to the project for the cost
of the synthetic turf along with a letter of commitment to fund replacement of the
synthetic turf at the end of its normal life span (10-12 years).
Item Details:
The City held a bid letting on Tuesday, March 17, 2020 and received the following base
bids for the Bob Shelden Athletic Field Complex Renovation Project:
Clark Drew Construction, Inc. Brookings, SD: $2,516,000.00
Schwartzle Construction, Tea, SD.: $2,749,000.00
The lump sum base bid for the Bob Shelden renovation includes the following project
items:
Field Lighting – New field light poles with attached energy efficient LED fixtures
will be installed. The new lighting will bring the light levels on the field to
established safety standards for facilities of this type.
Spectator Experience – Improvements related to the fan experience will include
the replacement of the grandstand seating area/canopy, perimeter fencing and
spectator circulation and safety.
Parking Area – The shared use parking area will be completely reconstructed.
The parking orientation and location of the landscape islands will be reoriented to
improve traffic flow and create seven additional parking stalls. Particular attention
will be paid to drainage and the use of permeable pavers will assist with storm
water management.
Playing Field – Project elements related to the playing field include shifting the
playing surface to the south to preserve the existing mature trees on site,
improved field drainage through proper grading and additional drain tiling, field
fencing, backstop netting, dugouts and irrigation.
The bid format for this project included several alternates. Contractor pricing and
description for each alternate can be found on the attached Bid Tabulation sheet. The
bid prices for this project fell within the budget range established by project consultants.
The selected local contractor will begin work upon award of the bid with a projected
completion date of December 1, 2020.
Legal Consideration:
None.
Strategic Plan Consideration:
This project will accomplish Goal #4 of the Existing/New Amenities section of the 2018 -
2023 Strategic Plan. Additionally, the overall site drainage improvements and storm
water control measures identified in the project will assist in achieving goals to ma nage
storm water. Conversion to LED lighting within the entire project scope will reduce
energy use on the site. Inclusion of synthetic turf for the infield area will reduce overall
water use, turf related chemicals and fertilizer on the site. These measur es will reduce
the operational expense of the Bob Shelden Field.
Financial Consideration:
The bids received were very competitive and favorable. Staff recommends entering into
a contract with Clark Drew Construction, Inc. for the amount of $ 2,830,500.00.
Alternate 3 – Permeable Pavers $91,500 will be funded utilizing Stormwater Drainage
funds.
Friends of Baseball will fund $232,000 of that total to include the cost of Alternate 5A –
Field Turf synthetic infield turf and associated drainage .
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. Bid Tabulation Sheet
3. Project Area Map
4. Friends of Baseball documents
Resolution 20-036
Resolution Awarding Bids on Bob Shelden Athletic Complex Renovation Project
Whereas, the City of Brookings opened bids for the Bob Shelden Athletic Complex
Renovation Project on Tuesday, March 17, 2020 at 1:30 pm at the Brookings City and
County Government Center; and
Whereas, the City of Brookings has received the following bids: Clark Drew
Construction - Base Bid: $2,516,000.00, Alternate 1: Add $38,000.00, Alternate 2:
Deduct $23,000.00, Alternate 3: Add $91,500.00, Alternate 4: Add $92,000.00,
Alternate 5A: Add $223,000.00, Alternate 5B: Add $319,000.00, Alternate 6:
$14,800.00, Alternate 7: Add: $6,900.00, Alternate 8: Add $37,600.00, Alternate 10:
Add $6,600.00; and Schwartzle Construction – Base Bid: $2,749,000.00, Alternate 1:
Add $40,000.00, Alternate 2: Deduct $35,000.00, Alternate 3: Add $90,000.00,
Alternate 4: Add $90,000.00, Alternate 5A: Add $250,000.00, Alternate 5B: Add
$180,000.00, Alternate 6: Add $14,000.00, Alternate 7: Add $7,000.00, Alternate 8:
Add $36,000.00, and Alternate 10: Add $6,500.00
Now Therefore, Be It Resolved that the low base bid of $2,516,000.00 and Alternate 3
for $91,500.00 and Alternate 5A for $223,000.00 from Clark Drew Construction, Inc. be
accepted.
Passed and approved this 8th day of April 2020.
CITY OF BROOKINGS
________________________________
Keith W. Corbett, Mayor
ATTEST:
_________________________
Bonnie Foster, City Clerk
BOB SHELDEN BID TABULATION Clark Drew Construction Schwartzle Construction
Item Description
Base Bid Lump sum base bid $2,516,000.00 $2,749,000.00
Alternate #Recommended Alternates
3 Permeable pavers and associated drainage with concrete paving.$91,500.00 $90,000.00
5A Field Turf brand synthetic infield turf and drainage.$223,000.00 $250,000.00
Project Contingency $200,000.00
Friends of Baseball funding -$223,000.00
Project Total $2,807,500.00
Alternate #Other Alternates - Not recommended
1 Contractor to removal excess soils in lieu of owner removal.$38,000.00 $40,000.00
2 Asphalt paving in lieu of concrete paving.-$23,000.00 -$35,000.00
4 Permeable pavers and associated drainage with asphalt paving.$92,000.00 $90,000.00
5B Astro Turf brand synthetic infield turf and drainage.$319,000.00 $180,000.00
6 Fencing - Black PVC coated fence in lieu of galvanized finish.$14,800.00 $14,000.00
7 Fencing – 4” diameter posts in lieu of 2” diameter posts.$6,900.00 $7,000.00
8 Additional netting down baselines.$37,600.00 $36,000.00
10 26” grandstand tread width in lieu of 32” grandstand treads $6,600.00 $6,500.00
Bob Shelden Athletic Complex
BOB SHELDEN ATHLETIC
COMPLEX
HIGH
SCHOOL
MEDARY AVE S8TH ST S
Brookings Friends of Baseball
PO Box 536, Brookings, SD 57006
April 1, 2020
Dear City Council Members,
For many years, Brookings Friends of Baseball has been committed to providing youth in the
Brookings community with the opportunity to play organized baseball. We believe the game of
baseball is a tremendous opportunity for youth to not only get physical exercise, but learn the
value teamwork, respect, and practice. It is a wonderful game that can be played long into
adulthood and we strive to develop the skills and love of the game in our young players. We are
committed to continuing to provide organized baseball in the Brookings community long into the
future.
Currently, our organization offers programs for youth ages 7 to 18. Our players play organized
baseball within the city of Brookings and represent Brookings while playing in other cities for
league games and tournaments. At most age levels our teams are affiliated with state or national
organizations that provide the structure and rules that we must play by. Our 18 and under (18U)
team and one of our 16U teams are affiliated with American Legion. A second 16U and our 14U,
13U, 14U/13U combined, 12U, 11U, 10U, and 9U teams are affiliated with South Dakota Class
A Baseball. Our junior teams (7 and 8-year old players) are not affiliated with an outside
governing body but follow the general principles of South Dakota Class A Baseball, albeit with
much greater emphasis on skill development rather than competition. Each year we provide the
opportunity for over 250 players from approximately 200 families to play the game of baseball.
We do charge registration fees; however, we have made a concerted effort to keep those fees as
low as possible for our families and provide scholarships for those families experiencing
financial hardship.
Our excitement for the Bob Shelden Field renovation project is beyond measure. Brookings has a
rich history of baseball and Bob Shelden Field has played a key role. The renovated field will
build on that tradition and bring new opportunities for our youth to play in one of, if not the,
nicest fields in the region. To make the field even better, Brookings Friends of Baseball would
like to commit to providing funding for the addition of artificial turf to the infield of the
renovated facility. Adding artificial turf will significantly enhance the utility and efficiency of
the facility by minimizing the time and consumables necessary for field maintenance and
providing for a more rapid recovery from rain events. Several of our teams play on artificial turf
infields several times throughout the year and the communities that have them, rave about their
benefits. We will be able to provide more opportunities for practices and games as well as more
effectively host tournaments that bring numerous visitors to our community. The combination of
the facility enhancements and the artificial turf infield will provide for a wonderful experience
for players and fans alike.
It is with great excitement that I inform you that the Brookings Friends of Baseball Board of
Directors voted unanimously to accept a proposal from First Bank and Trust to provide financing
for the addition of an artificial turf infield at Bob Shelden Field. We have secured a construction
line of credit that will allow for us to cover the cost of the artificial turf and have an agreement in
place to convert the construction line of credit to a term loan and/or pledge note at the conclusion
of the construction period. Funds in the construction line of credit can be drawn upon as the
expenses are incurred. Given that the 1-year duration of construction line of credit and the
charging of interest do not begin until the first funds are drawn, we would prefer to not use the
line until funds are required to pay contractors. However, we would be open to a discussion with
the City of Brookings for alternate arrangements. Brookings Friends of Baseball will secure
funding to cover the annual costs associated with the financing package using a combination of
donations, sponsorships, and additional advertising revenue. Furthermore, the Friends of
Baseball Board of Directors voted unanimously to commit to funding the replacement of the
artificial turf at the conclusion of the expected 10 to 12-year lifespan of the product. Details of
our arrangement with First Bank and Trust have been provided for your review.
In conclusion, Brookings Friends of Baseball, our Board of Directors, players and families are
incredibly excited about what the Bob Shelden Field renovation will mean to baseball in
Brookings and the community as a whole. We are excited to be collaboratin g with the City of
Brookings on this project and look forward to continuing our strong relationship into the future.
Should you have any questions or concerns regarding our application, please do not hesitate to
contact me at your convenience.
Thank you for your consideration.
Kindest regards,
Cody Wright
President
(605) 695-1987
cody.wright@sdstate.edu
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 20-035,Version:1
Action on Resolution 20-035, a Resolution Authorizing the Execution of a Real Estate Sale and
Purchase Agreement.
Summary:
The City of Brookings received a Hazard Mitigation Grant through the Federal Emergency
Management Agency (FEMA) to purchase the property at 659 Faculty Drive located on Lot 17,
College Addition. The project will involve removing the structures, installing storm sewer and
reshaping the parcel to create added detention. The total project cost is $196,700 and the grant
received was for $147,525, which is 75% of the project and the City’s share is $49,175 for 25% of the
project cost.
The City will purchase the property at the appraised value of $142,500 and will pay for the closing
costs, asbestos abatement, demolition of the structures, disconnecting the utilities and constructing
the drainage project.
This resolution will approve authorizing the execution of the Real Estate Sale and Purchase
Agreement of 659 Faculty Drive, Brookings.
Recommendation:
Staff recommends approval of the resolution as presented.
Attachments:
Memo
Resolution
Map
City of Brookings Printed on 4/3/2020Page 1 of 1
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City Council Agenda Memo
From: Jackie Lanning, City Engineer
Council Meeting: April 8, 2020
Subject: Authorizing the Execution of Real Estate Purchase
Agreement of 659 Faculty Drive, Brookings
Person(s) Responsible: Jackie Lanning, City Engineer
Summary:
This resolution will approve authorizing the execution of a Real Estate Purchase
Agreement of 659 Faculty Drive, Brookings.
Background:
The City of Brookings applied for and received a Hazard Mitigation Grant through the
Federal Emergency Management Agency (FEMA) for funding to purchase the property
at 659 Faculty Drive located on Lot 17, College Addition.
The project will involve removing the structures, installing storm sewer and re shaping
the parcel to create added detention. The project is being designed by Banner
Associates.
The project cost is $196,700 and the grant received was for $147,525, which is 75% of
the project cost. The City’s share of the project would be approxim ately $49,175 which
is 25% of the project cost.
Item Details:
The City will purchase the property at the appraised value of $142,500, as determined
by a licensed appraiser and approved by FEMA. The City will pay for the closing costs,
asbestos abatement, demolition of the structures, disconnecting the utilities and
constructing the drainage project and will be reimbursed by the grant funds at 75%.
Legal Consideration:
The City will meet all stipulations of the federal Grant requirements.
Strategic Plan Consideration:
This project furthers the accomplishment of City Council Strategic Initiatives of
Stormwater through improved water quality from the detention pond. In addition, this
project is a prioritized drainage project to improve storm water management in the
basin.
Financial Consideration:
The City will be responsible for 25% of the purchase price, which will be paid for out of
the drainage budget.
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 20-035
Resolution Authorizing the Execution of Real Estate Sale
and Purchase Agreement
Be It Resolved by the City Council of the City of Brookings, South Dakota as follows:
Whereas, the City of Brookings desires to purchase the following described property:
Lot Seventeen (17) of College Addition, City of Brookings,
County of Brookings, State of South Dakota, and
Whereas, the property has been offered for sale and the City of Brookings has prepared
a proposed Real Estate Sale and Purchase Agreement, the terms of which are
satisfactory to the City of Brookings; and
Whereas, the City of Brookings has received Hazard Mitigation Grant Funds through the
Federal Emergency Management Agency for 75% of the project costs to purchase the
property and remove the residential structures; and
Whereas, the City of Brookings has determined the above-described property is
necessary for drainage purposes and has committed to providing the local match
towards the project.
Now therefore, It Is Hereby Resolved by the City Council of the City of Brookings, South
Dakota, as follows:
A. That the City acquire title to the above-described real property
pursuant to a Real Estate Sale and Purchase Agreement with
DKO Properties, LLC for a drainage project for the City of
Brookings, South Dakota; and
B. That the Mayor, City Clerk, City Manager and City Attorney are
authorized to execute the documents required to complete this
transaction in accordance with this Resolution.
Passed and approved on the 8th day of April, 2020.
CITY OF BROOKINGS:
ATTEST:
Keith W. Corbett, Mayor
Bonnie Foster, City Clerk
Location Map
659 Faculty Drive
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 20-005,Version:2
Action on Ordinance 20-005, an Emergency Ordinance to Address a Public Health Crisis by
Implementing Certain Measures Which Have Been Deemed Necessary to Slow the Community
Spread of Coronavirus (COVID-19). (REVISED Ordinance 20-005)
Summary:
The City of Brookings has the authority pursuant to SDCL 9-29-1 and SDCL 9-32-1 to pass
ordinances for the purpose of promoting the health, safety, morals, and general welfare, of the
community, and to do what may be necessary for the promotion of health or the suppression of
diseases.
Background:
The City of Brookings Charter Article II, Section 2.14 allows for the passage of Emergency
Ordinances on their first reading.
Fiscal Impact:
Any violation of this ordinance is subject to the general penalty provision in Section 1.08 of the
Brookings Municipal Code. Each day a violation of this ordinance is allowed to occur is considered a
separate offense.
Recommendation:
Staff recommends approval.
Attachments:
Memo
Proposed REVISED Ordinance 20-005 - Clean
Proposed REVISED Ordinance 20-005 - Marked
Ordinance 20-005 - approved 3/23/2020
City of Brookings Printed on 4/3/2020Page 1 of 1
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City Council Agenda Memo
From: Paul M. Briseno, City Manager
Council Meeting: April 8, 2020
Subject: Extension of COVID-19 Ordinance
Person(s) Responsible: Paul M. Briseno, City Manager
Summary:
The City of Brookings enacted emergency legislation March 23rd until April 8th as a
response to the current public health crisis. Staff recommends the extension of this
ordinance to May 6th based on new projections that places the peak for South Dakota in
August. An amendment is requested to address groups containing ten (10) or more
people loitering.
Background:
March 23rd City Council enacted an emergency ordinance with provisions that would
expire April 8th. The legislation was in response to the current public health crisis. The
passage of the ordinance implements certain measures which have been deemed
necessary to slow community spread of the coronavirus. This impacted bars,
restaurants, theaters, indoor recreation facilities, salons, barbers, spas, health clubs,
and other similar businesses.
Since the implementation of the existing ordinance, Brookings had two cases that were
both recovered. Additionally, these cases were not community spread. Across the
state, there are over 180 cases with multiple counties within proximity with moderate
and substantial community spread.
Item Details:
Recent communication from the Governor’s office details modeling that extends South
Dakota’s COVID-19 peak from May/June to August. Prior projections estimated higher
rates of infections. Current efforts across the state are augmenting the rate of growth in
coronavirus cases.
The medical profession and other community leaders have been engaged and
recommend extending the existing ordinance to mitigate infection rates and continue
essential social distancing.
Staff further recommends the following amendments to the existing ordinance:
Extend the existing ordinance to May 6th
Amend the ordinance to address groups with 10 or more loitering
Legal Consideration:
None.
Financial Consideration:
The extension of this ordinance impacts revenues, but is necessary to protect the health
and well-being of the community.
Options and Recommendation:
The City Council has the following options:
1. Approve as presented
2. Make alternative changes
3. Deny
4. Do nothing
Staff recommends approval of the ordinance as presented.
Supporting Documentation:
1. Proposed REVISED Ordinance 20-005 – Clean
2. Proposed REVISED Ordinance 20-005 – Marked
3. Ordinance 20-005 – approved 03/23/2020
Ordinance 20-005 (REVISED)
An Emergency Ordinance to Address a Public Health Crisis by Implementing
Certain Measures Which Have Been Deemed Necessary to Slow the Community
Spread of Coronavirus (Covid-19).
Whereas, the City of Brookings has the authority pursuant to SDCL 9-29-1 and SDCL 9-
32-1 to pass ordinances for the purpose of promoting the health, safety, morals, and
general welfare, of the community, and to do what may be necessary for the promotion
of health or the suppression of diseases; and
Whereas, an outbreak of the disease COVID-19, which is caused by the novel
coronavirus, has been confirmed in more than 100 countries, including the United
States; and
Whereas, COVID-19 is a severe respiratory disease transmitted by person-to-person
contact, or by contact with surfaces contaminated by the virus. In some cases,
especially among older adults and persons with serious underlying health conditions,
COVID-19 can result in serious illness requiring hospitalization, admission to an
intensive care unit, and death; and
Whereas, the World Health Organization (WHO), the Centers for Disease Control and
Prevention (CDC), and the Secretary of the U.S. Department of Health and Human
Services have declared the outbreak of COVID-19 as a public health emergency; and
Whereas, on March 13, 2020, President Donald Trump declared a national emergency
in response to the global pandemic of COVID-19; and
Whereas, on the same day, Governor Kristi Noem, issued Executive Order 2020 -04
which declared a state of emergency to exist in the State of South Dakota in response
to the spread of COVID-19; and
Whereas, numerous cases of COVID-19 have been confirmed in South Dakota; and
Whereas, the CDC and health experts have recommended social/physical distancing
and other measures to slow the spread of COVID-19; and
Whereas, social/physical distancing is a method of slowing down or stopping the spread
of a contagious disease by reducing the probability of contact between infected persons
and those not infected in order to minimize disease transmission; and
Whereas, in response to the need to implement social distancing, all schools in the
State of South Dakota have been closed at least through May 6, 2020; and
Whereas, on March 16, 2020, the White House issued guidance recommending that
social gatherings of more than ten people be avoided, and that people avoid eating or
drinking at bars, restaurants and food courts; and
Whereas, the guidance issued by the White House further recommended that in states
with evidence of community transmission, bars, restaurants, food courts, gyms, and
other indoor and outdoor venues where people congregate should be closed; and
Whereas, many states and communities across the country have already implemented
the White House recommendations by ordering all bars, restaurants, food courts, gyms,
and other indoor and outdoor venues where people congregate be closed until the
public health emergency is over; and
Whereas, the failure to successfully implement social distancing will likely result in
higher numbers of infected individuals and has the potential to overwhelm the capacity
of the City’s health care providers; and
Whereas, it is important that control measures be taken to reduce or slow down the
spread of COVID-19 in order to protect the health and safety of the City’s residents,
especially for seniors and those with underlying health conditions that make them
particularly vulnerable to COVID-19; and
Whereas, the City of Brookings adopted Ordinance 20-005 on March 23, 2020 and now
amends Ordinance 20-005 to provide additional COVID-19 Emergency Response
Measures.
Now, Therefore, Be It Resolved, by the City Council of Brookings that:
1. Effective at 7:00 p.m. Monday, March 23, 2020, all restaurants, food courts,
coffee houses, bars, breweries, clubs, cafes and other similar places of public
accommodation offering food and beverages for on-site consumption, including
any alcohol licensees with on-sale privileges, are closed to on-site/on-sale
patrons. These businesses may continue to operate in order to provide take -out,
delivery, curbside service, and drive-thru service. Any business continuing to
operate in order to provide off -site service should implement procedures to
ensure social distancing and operate in compliance with federal and state health
guidance in order to prevent the spread of COVID-19. This closure will remain in
effect through Wednesday, May 6, 2020.
2. Effective at 7:00 p.m. Monday, March 23, 2020, all recreational facilities, public
pools, health clubs, athletic facilities and theaters, including movie theaters and
music or entertainment venues are directed to close and cease operations during
this emergency. This closure will remain in effect through Wednesday, May 6,
2020.
3. Effective at 7:00 p.m. Monday, March 23, 2020, all cigar bars, vaping lounges or
other similar businesses that allow for on-site consumption are directed to cease
allowing on-site consumption, but may continue to offer products for sale to
consume off-site under the same conditions as bars and restaurants outlined in
paragraph #1. This closure will remain in effect through Wednesday, May 6,
2020.
4. Effective at 7:00 p.m. Monday, March 23, 2020, all arcades, bingo halls, bowling
alleys, indoor golf ranges, casinos, indoor climbing facilities, skating rinks, and
other similar recreational or entertainment facilities a re directed to close and
cease operations during this emergency. This closure will remain in effect
through Wednesday, May 6, 2020.
5. Effective at 7:00 p.m. Monday, March 23, 2020, all salons, barber shops, and
spas, and other similar facilities are directed to close and cease operations
during this emergency. The closure will remain in effect through Wednesday,
May 6, 2020.
6. The prohibitions and closures in this order do not apply to the following
businesses:
a. Places of public accommodation that offer food and beverages for off-site
consumption, including grocery stores, markets, retail stores that offer food,
convenience stores, pharmacies, drug stores, and food pantries, other than
any portion of such business which offer on-site consumption which would be
subject to the requirements of paragraph #1.
b. Hardware and supply stores.
c. Room service in hotels.
d. Health care facilities, residential care facilities, congregate care facilities, and
correctional facilities.
e. Crisis shelters, homeless shelters, soup kitchens, or other similar institutions.
f. Any emergency facilities necessary for the response to the current public
health emergency or any other community emergency or disaster.
g. Official meetings of the city, schools, county, or state.
h. The operations and meetings of any state or federal courts.
7. Prohibited Activities. Any gathering of more than 10 people is prohibited unless
exempted by this Ordinance. Accordingly, social or recreational gatherings of 10
or more persons are prohibited in the City of Brookings. All citizens and visitors of
the City of Brookings must comply with the CDC guidelines of social distancing (6
feet of separation from others and no group gatherings of 10 or more). The
Brookings Police Department is authorized to disperse gatherings of 10 or more
persons and issue citations for violations of this provision. This provision does
not prohibit gathering of members of a single household or residence. A “social
or recreational gathering” as that term is used herein, does not include a group of
persons at the following locations:
Office space, child care facilities, multifamily residential buildings,
or any type of temporary shelter or housing;
Hospitals, nursing homes, assisted living and group living facilities
and other health care facilities;
Places of worship;
Stores and pharmacies;
Any location at which persons purchase supplies or services in
furtherance of their employment.
All places of indoor public amusement, including, locations with museums,
bowling alleys, movie and other theaters, concert and music halls shall be
closed.
8. This ordinance shall remain in effect for an additional period of sixty (60) days, at
which time it shall be automatically repealed unless specifically readopted for an
additional period of time by the City Council. Any dates identified in the ordinance
for closures to automatically end may be adjusted at any time within the sixty (60)
day period covered by this ordinance by a resolution of the City Council.
9. Any violation of this ordinance is subject to the general penalty provision in
Section 1.08 of the Brookings Municipal Code. Each day a violation of this
ordinance is allowed to occur is considered a separate offense.
Be it Further Ordained, that, pursuant to SDCL 9-19-13, this ordinance is necessary for
the immediate preservation of the public peace, health, safety, and welfare of the City
and shall become effective immediately upon passage.
Dated this 8th day of April, 2020.
CITY OF BROOKINGS
________________________
Keith W. Corbett, Mayor
ATTEST:
_______________________________
Bonnie Foster, City Clerk
(SEAL)
Ordinance 20-005 (REVISED)
An Emergency Ordinance to Address a Public Health Crisis by Implementing
Certain Measures Which Have Been Deemed Necessary to Slow the Community
Spread of Coronavirus (Covid-19).
Whereas, the City of Brookings has the authority pursuant to SDCL 9-29-1 and SDCL 9-
32-1 to pass ordinances for the purpose of promoting the health, safety, morals, and
general welfare, of the community, and to do what may be necessary for the promotion
of health or the suppression of diseases; and
Whereas, an outbreak of the disease COVID-19, which is caused by the novel
coronavirus, has been confirmed in more than 100 countries, including the United
States; and
Whereas, COVID-19 is a severe respiratory disease transmitted by person-to-person
contact, or by contact with surfaces contaminated by the virus. In some cases,
especially among older adults and persons with serious underlying health conditions,
COVID-19 can result in serious illness requiring hospitalization, admission to an
intensive care unit, and death; and
Whereas, the World Health Organization (WHO), the Centers for Disease Control and
Prevention (CDC), and the Secretary of the U.S. Department of Health and Human
Services have declared the outbreak of COVID-19 as a public health emergency; and
Whereas, on March 13, 2020, President Donald Trump declared a national emergency
in response to the global pandemic of COVID-19; and
Whereas, on the same day, Governor Kristi Noem, issued Executive Order 2020 -04
which declared a state of emergency to exist in the State of South Dakota in response
to the spread of COVID-19; and
Whereas, numerous cases of COVID-19 have been confirmed in South Dakota; and
Whereas, the CDC and health experts have recommended social/physical distancing
and other measures to slow the spread of COVID-19; and
Whereas, social/physical distancing is a method of slowing down or stopping the spread
of a contagious disease by reducing the probability of contact between infected persons
and those not infected in order to minimize disease transmission; and
Whereas, in response to the need to implement social distancing, all schools in the
State of South Dakota have been closed for at least through May 6, 2020 two weeks;
and
Whereas, on March 16, 2020, the White House issued guidance recommending that
social gatherings of more than ten people be avoided, and that people avoid eating or
drinking at bars, restaurants and food courts; and
Whereas, the guidance issued by the White House further recommended that in states
with evidence of community transmission, bars, restaurants, food courts, gyms, and
other indoor and outdoor venues where people congregate should be closed; and
Whereas, many states and communities across the country have already implemented
the White House recommendations by ordering all bars, restaurants, food courts, gyms,
and other indoor and outdoor venues where people congregate be closed until the
public health emergency is over; and
Whereas, the failure to successfully implement social distancing will likely result in
higher numbers of infected individuals and has the potential to overwhelm the capacity
of the City’s health care providers; and
Whereas, it is important that control measures be taken to reduce or slow down the
spread of COVID-19 in order to protect the health and safety of the City’s residents,
especially for seniors and those with underlying health conditions that make them
particularly vulnerable to COVID-19; and
Whereas, the City of Brookings adopted Ordinance 20-005 on March 23, 2020 and now
amends Ordinance 20-005 to provide additional COVID-19 Emergency Response
Measures Charter section 2.14 allows for the passage of Emergency Ordinances on
their first reading.
Now, Therefore, Be It Ordained, by the City Council of Brookings that:
1. Effective at 7:00 p.m. Monday, March 23, 2020, all restaurants, food courts,
coffee houses, bars, breweries, clubs, cafes and other similar places of public
accommodation offering food and beverages for on-site consumption, including
any alcohol licensees with on-sale privileges, are closed to on-site/on-sale
patrons. These businesses may continue to operate in order to provide take -out,
delivery, curbside service, and drive-thru service. Any business continuing to
operate in order to provide off -site service should implement procedures to
ensure social distancing and operate in compliance with federal and state health
guidance in order to prevent the spread of COVID-19. This closure will remain in
effect through Wednesday, May 6, Wednesday, April 8, 2020.
2. Effective at 7:00 p.m. Monday, March 23, 2020, all recreational facilities, public
pools, health clubs, athletic facilities and theaters, including movie theaters and
music or entertainment venues are directed to close and cease operations during
this emergency. This closure will remain in effect through Wednesday, May 6,
Wednesday, April 8, 2020.
3. Effective at 7:00 p.m. Monday, March 23, 2020, all cigar bars, vaping lounges or
other similar businesses that allow for on-site consumption are directed to cease
allowing on-site consumption, but may continue to offer products for sale to
consume off-site under the same conditions as bars and restaurants outlined in
paragraph #1. This closure will remain in effect through Wednesday, May 6,
Wednesday, April 8, 2020.
4. Effective at 7:00 p.m. Monday, March 23, 2020, all arcades, bingo halls, bowling
alleys, indoor golf ranges, casinos, indoor climbing facilities, skating rinks, and
other similar recreational or entertainment facilities are directed to close and
cease operations during this emergency. This closure will remain in effect
through Wednesday, May 6, Wednesday, April 8, 2020.
5. Effective at 7:00 p.m. Monday, March 23, 2020, all salons, barber shops, and
spas, and other similar facilities are directed to close and cease operations
during this emergency. The closure will remain in effect through Wednesday,
May 6, 2020.
6. The prohibitions and closures in this order do not apply to the following
businesses:
a. Places of public accommodation that offer food and beverages for off -site
consumption, including grocery stores, markets, retail stores that offer food,
convenience stores, pharmacies, drug stores, and food pantries, other than
any portion of such business which offer on-site consumption which would be
subject to the requirements of paragraph #1.
b. Hardware and supply stores
c. Room service in hotels.
d. Health care facilities, residential care facilities, congregate care facilities, and
correctional facilities.
e. Crisis shelters, homeless shelters, soup kitchens, or other similar institutions.
f. Any emergency facilities necessary for the response to the current public
health emergency or any other community emergency or disaster.
g. Official meetings of the city, schools, county, or state.
h. The operations and meetings of any state or federal courts.
7. Prohibited Activities. Any gathering of more than ten people is prohibited unless
exempted by this Ordinance. Accordingly, social or recreational gatherings of 10
or more persons are prohibited in the City of Brookings. All citizens and visitors of
the City of Brookings must comply with the CDC guidelines of social distancing (6
feet of separation from others and no group gatherings of 10 or more). The
Brookings Police Department is authorized to disperse gatherings of 10 or more
persons and issue citations for violations of this provision. This provision does
not prohibit gathering of members of a single household or residence. A “social
or recreational gathering” as that term is used herein, does not include a group of
persons at the following locations:
Office space, child care facilities, multifamily residential buildings, or
any type of temporary shelter or housing;
Hospitals, nursing homes, assisted living and group living facilities and
other health care facilities;
Places of worship;
Stores and pharmacies;
Any location at which persons purchase supplies or services in
furtherance of their employment.
All places of indoor public amusement, including, locations with museums,
bowling alleys, movie and other theaters, concert and music halls shall be
closed.
8. This ordinance shall remain in effect for an additional period of sixty (60) days, at
which time it shall be automatically repealed unless specifically readopted for an
additional period of time by the City Council. Any dates identified in the ordina nce
for closures to automatically end may be adjusted at any time within the sixty (60)
day period covered by this ordinance by a resolution of the City Council.
9. Any violation of this ordinance is subject to the general penalty provision in
Section 1.08 of the Brookings Municipal Code. Each day a violation of this
ordinance is allowed to occur is considered a separate offense.
Be It Further Ordained, that, pursuant to SDCL 9-19-13, this ordinance is necessary for
the immediate preservation of the public peace, health, safety, and welfare of the City
and shall become effective immediately upon passage.
Dated this 8th day of April, 2020.
CITY OF BROOKINGS
__________________________
Keith W. Corbett, Mayor
ATTEST:
_______________________________
Bonnie Foster, City Clerk
(SEAL)
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 20-0163,Version:1
Executive Session, pursuant to SDCL 1-25-2, for consulting with legal counsel or reviewing
communications from legal counsel about proposed or pending litigation or contractual matters.
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 4/3/2020Page 1 of 1
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