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Home My WebLink About2020_04_28 CC PKTCity Council City of Brookings Meeting Agenda Brookings City Council Brookings City & County Government Center 520 3rd St., Suite 230 Brookings, SD 57006 Phone: (605) 692-6281 Fax: (605) 692-6907 "We are an inclusive, diverse, connected community that fuels the creative class, embraces sustainability and pursues a complete lifestyle. We are committed to building a bright future through dedication, generosity and authenticity. Bring your dreams!" Council Chambers6:00 PMTuesday, April 28, 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. 6:00 PM REGULAR MEETING 1. Call to Order / Pledge of Allegiance. 2. Record of Council Attendance. 3. Consent Agenda: Action: Motion to Approve, Request Public Comment, Roll Call Matters appearing on the Consent Agenda are expected to be non-controversial and will be acted upon by the Council at one time, without discussion, unless a member of the Council or City Manager requests an opportunity to address any given item. Items removed from the Consent Agenda will be discussed at the beginning of the formal items. Approval by the Council of the Consent Agenda items means that the recommendation of the City Manager is approved along with the terms and conditions described in the agenda supporting documentation. 3.A. Action to approve the agenda. 3.B.ID 20-0168 Action to approve the April 8 and April 14, 2020 City Council minutes. 2020_04_08 CC Minutes 2020_04_14 CC Minutes Attachments: 3.C.ID 20-0169 Action on a Preliminary Plat of Lots 1-3, Block 18, Prairie Hills Addition. Page 1 City of Brookings April 28, 2020City Council Meeting Agenda Memo 04-07-2020 PC Minutes Planning Commission Notice Preliminary Plat Aerial Map Attachments: 3.D.RES 20-039 Action on Resolution 20-039, a Resolution designating Vote Center locations, and the appointment of Election Superintendents and Judges for the June 23, 2020 Combined Municipal / School Board Election. (postponed April 14, 2020 Election) ResolutionAttachments: 3.E.RES 20-040 Action on Resolution 20-040, a Resolution authorizing the City Manager to sign an On-Sale Liquor Operating Agreement renewal for Wonder, Inc., DBA The Wild Hare, Todd Voss, Bobb Winter, and Ann Park, owners, 303 3rd Street, Brookings, South Dakota, legal description: West 75 ‘of Lots 20 and 21, Block 3, Original Plat Addition. Resolution Operating Agreement Map Attachments: 3.F.ID 20-0193 Action on appointments to City Boards, Committees and Commissions. 4. Items removed from Consent Agenda. Action: Motion to Approve, Request Public Comment, Roll Call 5. Open Forum/Presentations/Reports: 5.A. Open Forum. At this time, any member of the public may request time on the agenda for an item not listed. Items are typically scheduled for the end of the meeting; however, very brief announcements or invitations will be allowed at this time. 5.B.ID 20-0192 Outside Agency Funding Process. Memo Benefits of Partnering with United Way United Way Funding Process Funding Process Worksheet Narrative Attachments: 5.C.ID 20-0196 Update on the Brookings Arts Council Director Position. 6. Contracts/Change Orders: 6.A.RES 20-042 Action on Resolution 20-042, a Resolution Authorizing Change Order No. 2 Page 2 City of Brookings April 28, 2020City Council Meeting Agenda for the 2019-01SWR, Concrete Maintenance Project; Clark Drew Construction. Memo Resolution Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 6.B.RES 20-044 Action on Resolution 20-044, a Resolution Awarding Bids on Project 2020-08STI Street Maintenance and Overlay Project. Memo Resolution Map Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 7. 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. 8. Public Hearings and Second Readings: 8.A.RES 20-037 Public Hearing and Action to approve Resolution 20-037, a Resolution of Intent to Lease Real Property to Daniel P. Bauer in the Wiese and Freeland Additions. Memo Resolution Notice Freeland Addition Map Wiese Addition Map Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 8.B.RES 20-041 Public Hearing and Action on Resolution 20-041, a Resolution authorizing the City Manager to enter into an On-Sale Operating Agreement for a Liquor License for MG Oil Company, dba The Lanes, Marlyn Erickson and Troy Erickson, owners, 722 Western Ave., Brookings, SD, legal description: Lots 1 and 2, Block 1, Snyder’s Addition, with video lottery terminals. Memo Resolution Operating Agreement Public Notice Map Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call Page 3 City of Brookings April 28, 2020City Council Meeting Agenda 9. Other Business: None 10. 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. 11. Executive Session 11.A.ID 20-0194 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, and discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business. Action: Motion to enter into Executive Session, Voice Vote Action: Motion to exit Executive Session, Voice Vote 12. 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 20-0168,Version:1 Action to approve the April 8 and April 14, 2020 City Council minutes. Attachments: 4/8/2020 Minutes 4/14/2020 Minutes City of Brookings Printed on 4/24/2020Page 1 of 1 powered by Legistar™ Brookings City Council April 8, 2020 (unapproved) The Brookings City Council held a special meeting on Tuesday, April 8, 2020 at 5:15 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. 5:15 PM SPECIAL MEETING Executive Session. A motion was made by Council Member Niemeyer, seconded by Council Member Wendell, to enter into Executive Session at 5:16 p.m., for consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters with the City Council, City Manager, City Attorney, City Clerk, and Mike Struck, Community Development Director, present. The motion carried by a unanimous vote. A motion was made by Council Member Niemeyer, seconded by Council Member Brink, to exit Executive Session at 5:54 p.m. The motion carried by a unanimous vote. Consent Agenda: A motion was made by Council Member Brink, seconded by Council Member Niemeyer, to approve the Consent Agenda. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton Byrne. 4.A. Action to approve the agenda. 4.B. Action to approve the March 10 and March 23, 2020 City Council Minutes. 4.C. Action on appointments to the Bicycle Advisory Committee: appoint Jess Fryslie and Ben Vukovich (terms expire 1/1/2023). April 14th Combined Municipal / School Board Election Update. City Clerk Bonnie Foster provided an update on the April 14th Combined Municipal / School Election, which has been postponed to June 23rd due to Legislation passed with House Bill 1298. Resolution 20-034. A motion was made by Council Member Tilton Byrne, seconded by Council Member Brink, that Resolution 20-034, a Resolution Authorizing Change Order No. 3 (Final) for the 2019-04STI, 22nd Avenue Phase I Reconstruction Project, Timmons Construction, Inc., be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton Byrne. 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. Resolution 20-031. A motion was made by Council Member Niemeyer, seconded by Council Member Brink, that Resolution 20-031, a Resolution Awarding Bids on Airport Hangar Taxilane Reconstruction Project, AIP #3-46-0005-032-2020, be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton Byrne. 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. Resolution 20-033. A motion was made by Council Member Brink, seconded by Council Member Bacon, that Resolution 20-033, a Resolution Awarding Bids on City Crop Lease in Wiese and Freeland Additions, be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton Byrne. Resolution 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. Resolution 20-036. A motion was made by Council Member Brink, seconded by Council Member Niemeyer, that Resolution 20-036, a Resolution Awarding Bids on the Bob Shelden Athletic Field Complex Renovation Project, be approved. Public Comment: Cody Wright. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton Byrne . 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. Resolution 20-035. A motion was made by Council Member Hansen, seconded by Council Member Brink, that Resolution 20-035, a Resolution Authorizing the Execution of a Real Estate Sale and Purchase Agreement, be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton Byrne. 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. Ordinance 20-005 (Revised). A motion was made by Council Member Tilton Byrne, seconded by Council Member Wendell, that 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), be approved. Public Comment: Bradley Walker, Eric Miller, Simon Newkirk, and Kevin Leisinger. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton Byrne. Executive Session. A motion was made by Council Member Niemeyer, seconded by Council Member Brink, to enter into Executive Session at 6:41 p.m. for consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters with the City Council, City Manager, City Attorney, and City Clerk present. The motion carried by a unanimous vote. A motion was made by Council Member Brink, seconded by Council Member Hansen, to exit this Executive Session at 7:25 p.m. The motion carried by a unanimous vote. Adjourn. A motion was made by Council Member Brink, seconded by Council Member Niemeyer, that this meeting be adjourned at 7:27 p.m. The motion carried by a unanimous vote. CITY OF BROOKINGS __________________________ ATTEST: Keith W. Corbett, Mayor __________________________ Bonnie Foster, City Clerk Brookings City Council April 14, 2020 (unapproved) The Brookings City Council held a special meeting on Tuesday, April 14, 2020 at 6:00 PM, at City Hall with the following City Council members present: Mayor Keith Corbett and Council Members Holly Tilton Byrne, Nick Wendell, Patty Bacon, Dan Hansen, Leah Brink, and Ope Niemeyer. City Attorney Steve Britzman, City Manager Paul Briseno, and City Clerk Bonnie Foster were also present. 6:00 PM SPECIAL MEETING Agenda: A motion was made by Council Member Wendell, seconded by Council Member Bacon, to approve the Agenda. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton Byrne. FIRST READING – Ordinance 20-006. A motion was made by Council Member Niemeyer, seconded by Council Member Wendell, to approve the first reading of Ordinance 20-006, an Emergency Ordinance to Stay-at-Home for All within the City of Brookings to Limit the Spread of COVID-19 in the City of Brookings; and Other Restrictions within the City of Brookings, South Dakota; Declaring an Emergency, Providing for an Effective Date and a Time for Termination. Public Comment: Rebecca Barber, Darilyn Odegaard, Shelly Anderson, Amy Nemitz, Jerry Visser, Lilly Estling, Howard Wey, Doug Smith, Brock Tidstrom, Teresa Binkley, Natalie Thiex, Michael Cook, Amy VandeWeerd, Jessica Rose, Adam Hoppe, Mary Beth Fishback, Nick Schmeichel, Bryon Curtis, Darrick Wika, Kevin Grunewaldt, Josh Barber, Bradley Walker, Isaiah Crevier, Ryan Beesley, and Elizabeth Wika. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton Byrne. A motion was made by Council Member Bacon, seconded by Council Member Niemeyer, to table the second reading of Ordinance 20-006, an Emergency Ordinance to Stay-at-Home for All within the City of Brookings to Limit the Spread of COVID-19 in the City of Brookings; and Other Restrictions within the City of Brookings, South Dakota; Declaring an Emergency, Providing for an Effective Date and a Time for Termination. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton Byrne. City Council Member Introduction of Topics for Future Discussion. A motion was made by Council Member Hansen, seconded by Council Member Bacon, for the City Council to consider adding the Arts Council Director position as a regular city employee position. City Council discussion to be held at the April 28, 2020 City C ouncil Meeting. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton Byrne. Adjourn. A motion was made by Council Member Wendell, seconded by Council Member Bacon, that this meeting be adjourned at 8:02 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 20-0169,Version:1 Action on a Preliminary Plat of Lots 1-3, Block 18, Prairie Hills Addition. Summary: The applicant is seeking Preliminary Plat approval for three (3) lots in a Business B-3 Heavy District. Background: The 6.32-acre property is located at the northeast corner of Main Avenue South and 32nd Street South. The land is currently vacant and was zoned to B-3 District in 2017. The owner is proposing a shared access point onto Main Avenue South for Lots 1 & 2 and a shared access along 32nd Street South for Lots 2 & 3. Findings of Fact: 1.The Preliminary Plat meets the Subdivision Regulations and Zoning Ordinance requirements. Staff Recommendation: Staff recommends approval of the Preliminary Plat with the following contingencies: 1.All drainage and utility easements shall be shown on the Final Plat. Planning Commission Recommendation: The Planning Commission voted 8-0 to recommend approval of the Preliminary Plat, with the staff contingencies. Attachments: Memo 04-07-2020 Planning Commission Minutes Planning Commission Notice Preliminary Plat Aerial Map City of Brookings Printed on 4/24/2020Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Mike Struck, Community Development Director Meeting: April 28, 2020 Subject: Preliminary Plat for Lots 1-3, Block 18, Prairie Hills Addition Person(s) Responsible: Mike Struck, Community Development Director Summary: The applicant is seeking Preliminary Plat approval for three (3) lots in a Business B-3 Heavy District. Background: The 6.32 acre property is located at the northeast corner of Main Avenue South and 32nd Street South. The land is currently vacant and was zoned to B-3 District in 2017. The owner is proposing a shared access point onto Main Avenue South for Lots 1 & 2 and a shared access along 32nd Street South for Lots 2 & 3. Discussion: The property’s location at the corner of Main Avenue South and 32 nd Street South provides an opportunity for development to extend to the southern boundary of the City limits. The area has been rezoned to B-3 so business uses consistent with the district are expected in the future. Lots 1 & 2 will have access to water and sanitary sewer services; however, Lot 3 does not have access to utility services at the present time. Legal Consideration: None. Financial Consideration: None. Options: The City Council has the following options: 1. Approve as presented 2. Approve as amended 3. Deny Staff Recommendation: Staff recommends approval of the Preliminary Plat. Planning Commission Recommendation: The Planning Commission voted 8-0 to recommend approval of the Preliminary Plat, with staff contingencies, on April 7, 2020. Action Requested: Approval of the Preliminary Plat Supporting Documentation: 1. 04-07-2020 Planning Commission Minutes 2. Planning Commission Notice 3. Preliminary Plat 4. Aerial Map Planning Commission Brookings, South Dakota April 7, 2020 OFFICIAL MINUTES Chairperson Tanner Aiken called the meeting of the City Planning Commission to order on Tuesday April 7, 2020, at 5:30 PM in the Chambers Room #310 on the third floor of the City & County Government Center. Members present were Jacob Mills, Eric Rasmussen and Aiken. Members present via phone were Ashley Biggar, James Drew, Greg Fargen, Gregg Jorgenson, Jason Meusburger, and Lee Ann Pierce. Also present was Community Development Director Mike Struck. Mills recused himself. Item #4a – Prairie Hills LLC has submitted a Preliminary Plat of a Portion of Lots 1-3, Block 18, Prairie Hills Addition. (Rasmussen/Biggar) Motion to approve the Preliminary Plat contingent upon all necessary drainage and utility easements being shown on the Final Plat and the plat shall show a 1’ No Access Easement along Main Avenue South and 32nd Street South, excluding the 40’ shared access points. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Item #4a – This is a preliminary plat of 6.2 acres located at the northeast corner of Main Avenue South and 32nd Street South. The land is currently vacant and zoned B-3. Owner is proposing 3 lots on this preliminary plat. There will be a shared access for Lots 1 and 2 off of Main Ave, a 40’ shared access. Additionally, there will be a 40’ shared access onto 32nd Street South. Mills, on behalf of Prairie Hills LLC, explained that they have a buyer for one of these lots. Through the process they realized they needed to complete the Preliminary Platting process. There is an approach that already exists on 32nd Street South, so the access drive has been aligned with this. The current plan is for activity on Lot 1 only. Also, the title at the top of the preliminary plat will need to be corrected as it states “A Portion of Lots 1-3” and the plat is for all of Lots 1-3. If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. NOTICE OF HEARING ON A PRELIMINARY PLAT NOTICE IS HEREBY GIVEN That Prairie Hills, LLC has submitted a preliminary plat of the following described real estate situated in the City of Brookings in Brookings County, South Dakota, to wit: Lots 1-3, Block 18, Prairie Hills Addition NOTICE IS FURTHER GIVEN That said request will be acted on by the City Planning Commission at 5:30 PM on Tuesday, April 7, 2020, in the Chamber Room on the third floor of the Brookings City and County Government Center at 520 Third Street, Brookings, South Dakota. Any action taken by the City Planning Commission is a recommendation to the City Council. Any person interested may appear and be heard in this matter. Staci Bungard City Planner 8'' S8'' S8'' S8'' S6'' FM6'' FM6'' FM6'' FM6'' FM6'' FM6'' FMSS6'' FM6'' FM6'' FM6'' FM6'' FM6'' FM6'' FM12'' W12'' WSSSSS8'' W8'' W12'' W15'' S15'' S15'' S15'' S15'' S15'' S15'' S1A23456A123BLOCK 1857,018 SF1.31± AC94,063 SF2.16± AC124,343 SF2.85± ACBLOCK 17330'±388'±296'±414'±233'±150'±361'±19'±380'±149'± 244'±8'' S8'' S8'' S8'' S6'' FM6'' FM6'' FM6'' FM6'' FM6'' FM6'' FMSS6'' FM6'' FM6'' FM6'' FM6'' FM6'' FM6'' FM12'' W12'' WSSSSS8'' W8'' W12'' W15'' S15'' S15'' S15'' S15'' S15'' S15'' S1A23456A123BLOCK 1857,018 SF1.31± AC94,063 SF2.16± AC124,343 SF2.85± ACBLOCK 17330'±388'±296'±414'±233'±150'±361'±19'±380'±149'± 244'±SS8'' S8'' S12'' W12'' WF:\20977-00\Design Phase\Acad\Prairie Hills South Commercial Preliminary Plat.dwg;4/13/2020 11:56 AM RE V I EW ON L Y FORDESIGNED BY:CHECKED BY:DRAWN BY:DATE:JOB No.:1"1/2"0SCALE REDUCTION BARPROJECT / SHEET TITLE : REV.DATE DESCRIPTIONSHEET No. : www.bannerassociates.com - Toll Free: 1.855.323.6342JDBBJWJLUAPRIL 202020977-00BLOCK 18 PRELIMINARY PLAT PRAIRIE HILLS ADDITION BROOKINGS, SOUTH DAKOTA 1 OF 1LEGEND:MONUMENT (FOUND)PROPERTY LINE100'50'050'HORIZONTAL DATUM: - NAD 83 - COORD. SYSTEM: U.S. STATE PLANE 1983 - ZONE: SOUTH DAKOTA NORTH(4001)VERTICAL DATUM: - NAVD 88 - GEOID 09AALL DIMENSIONS SHOWN ARE INTERMS OF U.S. SURVEY FEETSECTION LINEQUARTER LINEPRELIMINARY PLAT OFLOTS 1-3 BLOCK 18 OF PRAIRIE HILLS ADDITION AN ADDITION TO THE CITY OF BROOKINGS, BROOKINGS COUNTY, SOUTH DAKOTANOTES REGARDING LAND USEWITH THE EXCEPTION OF EASEMENT AREAS SHOWN,UTILITY EASEMENTS SHALL BE ADOPTED PRIOR TOFILING OF THE FINAL PLAT.AREAS AND LOT DIMENSIONS ARE APPROXIMATEAND MAY CHANGE SLIGHTLY AT THE TIME OF FINALPLATTING.OWNER: PRAIRIE HILLS LLC. 1323 MAIN AVE. S. BROOKINGS, SD 57006 605-697-3118FLOOD ZONE DESIGNATION: ZONE XNAT'L FLOOD INSURANCE PROGRAM MAPPANEL NO. 46011C0445CDATE: JULY 16, 2008PROPERTY INFORMATIONALL USES20 FEET5 FEET*20 FEET*45 FEETDENSITY SQ. FT.MIN. LOTAREA SQ. FT.MIN. LOTWIDTHMIN. FRONTYARDMIN. SIDEYARDMIN. REARYARDMAX.HEIGHTB-3* A 50-FOOT LANDSCAPED AREA SHALL BE REQUIRED BETWEEN AN ABUTTING RESIDENTIAL DISTRICTBOUNDARY LINE AND ANY STRUCTURE, ACCESS DRIVE, PARKING LOT OR OTHER ACCESORY USE.ZONING REGULATIONS:SHARED 40' WIDEAPPROACHSHARED 40' WIDEAPPROACHEXISTING WATER LINEEXISTING SANITARY SEWEREXISTING SANITARY SEWER MANHOLESWSPROPOSED WATER LINE(8" UNLESS OTHERWISE INDICATED)PROPOSED SANITARY SEWER(8" UNLESS OTHERWISE INDICATED)WSPROPOSED SANITARY SEWER MANHOLESEXISTING STORM SEWERSTDROP INLETPROPOSED STORM SEWERST20' TRAIL/UTILITYESMT32ND STREET SMAIN AVENUE SRED TWIG DRIVESETBACKEXISTING SANITARY FORCE MAINFM1' NO ACCESS ESMT1' NO ACCESS ESMT1' NO ACCESS ESMT1' NO ACCESS ESMT20'x40' SHAREDACCESS EASEMENT20'x40' SHAREDACCESS EASEMENT B rook ings County, SD Aeria l Map 241 ft Overvi ew Legend Br ookings City Limits City L imits City Zoning A AP B-1 B-2 B-2A B-3 B-4 B-5 I-1 I-1R I-2 JJ-A JJ-B3 JJ-I1 JJ-I1R JJ-R1A JJ-R1B JJ-R3A PDD R-1 R-1A R-1B R-1C R-2 R-3 R-3A RB-4 RMH T ow nship Boundar y Sections Parcels Roa ds 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 20-039,Version:1 Action on Resolution 20-039, a Resolution designating Vote Center locations, and the appointment of Election Superintendents and Judges for the June 23, 2020 Combined Municipal / School Board Election. (postponed April 14, 2020 Election) Summary: The City Council must designate the Vote Center locations, appoint the Election Superintendents and Judges, and set their rate of compensation for the June 23, 2020 Combined Municipal / School Board Election. (postponed April 14, 2020 Election) This Resolution shall supercede previous Resolution 20-026, approved on March 10, 2020. Recommendation: Staff recommends approval. Attachments: Resolution City of Brookings Printed on 4/24/2020Page 1 of 1 powered by Legistar™ Resolution 20-039 Resolution designating Vote Center Locations, and the Appointment of Election Superintendents and Judges for the June 23, 2020 Combined Municipal / School Board Election (postponed April 14, 2020 Election) Whereas, a City of Brookings Municipal Election will be held on June 23, 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 June 22, 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, Mardell Colbeck, 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 – Aurora Little Hall, 101 Nicolett St.: Cathy Enlow, Superintendent, Julie Erickson, and Gloria Pike; ABSENTEE/EARLY VOTE CENTER – City & County Government Center, 520 3rd St. – Peggy Whalen, Gloria Miller, Sarah Keizer, and Katie Bortnem; ABSENTEE VOTE CENTER PROCESSING – Larry Hult, Superintendent, Ken Ahartz, and Sue Sackman; ALTERNATES – Linda Schamp, Paulette Heesch, Peggy Whalen, Barbara Crosser, Gloria Miller, Sarah Keizer, Katie Bortnem, Thomas Chandler, and Bret Henning; ELECTION NIGHT WORKER – Greg Witchey. Passed and approved this 28th day of April, 2020. CITY OF BROOKINGS ATTEST: Keith W. Corbett, Mayor Bonnie Foster, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 20-040,Version:1 Action on Resolution 20-040, a Resolution authorizing the City Manager to sign an On-Sale Liquor Operating Agreement renewal for Wonder, Inc., DBA The Wild Hare, Todd Voss, Bobb Winter, and Ann Park, owners, 303 3rd Street, Brookings, South Dakota, legal description: West 75 ‘of Lots 20 and 21, Block 3, Original Plat Addition. Summary: The City of Brookings enters into On-Sale Liquor Operating Agreements for 10-year increments, with a renewal at five years. The On-Sale Operating Agreement for The Wild Hare, located at 303 3rd St., is at the 5-year renewal point of the 10-year Agreement. This Resolution would allow the City Manager to enter into the remaining five (5) years of the Agreement, effective through 2025. Recommendation: Staff recommends approval Attachments: Resolution Operating Agreement Map City of Brookings Printed on 4/24/2020Page 1 of 1 powered by Legistar™ Resolution 20-040 On-Sale Liquor Operating Agreement Renewal Wonder, Inc., DBA The Wild Hare Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Agreement renewal for the On-Sale Operating Alcohol Management Agreement for Liquor between the City of Brookings and Wonder, Inc., DBA The Wild Hare, Todd Voss, Bobb Winter, and Ann Park, owners, 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 303 3rd Street. Be It Further Resolved that the City Manager be authorized to execute the Agreement renewal on behalf of the City, which shall be for a period of five (5) years. Passed and approved this 28th day of April, 2020. CITY OF BROOKINGS Keith W. Corbett, Mayor ATTEST: Bonnie Foster, City Clerk ON-SALE LIQUOR OPERATING AGREEMENT RENEWAL Wonder, Inc., DBA The Wild Hare THIS AGREEMENT is made and entered into by and between the CITY OF BROOKINGS, a municipal corporation of the State of South Dakota, hereinafter referred to as the “City” and Todd Voss, Bobb Winter, and Ann Park, owners, Wonder, Inc., DBA The Wild Hare, hereinafter referred to as “Manager.” The City and Manager are referred to as the “parties” herein. WITNESSETH; WHEREAS, the City has been issued an on-sale alcoholic beverage license and is engaged in the sale of alcoholic beverages, and WHEREAS, the City desires to enter into an Operating Agreement on a limited basis with the Manager for the purpose of operating an on-sale establishment or business for and on behalf of the City pursuant to law, and WHEREAS, the Manager has offered to have facilities in which to operate said on -sale establishment solely upon the premises hereinafter described. NOW, THEREFORE IT IS MUTUALLY AGREED AS FOLLOWS: I. This Agreement is made and entered into on a limited basis between the parties to allow the Manager to operate a retail on-sale premises, pursuant to and in accordance with all of the terms and conditions of this Agreement, and in accordance with all State laws and City Ordinances now in effect and as may be enacted in the future. II. The Manager shall be individually responsible for all operating expenses of said on -sale establishment, including but not limited to utilities, taxes, insurance, and license fees, if any. The Manager shall furnish all equipment and fixtures necessary to operate the establishment. III. The on-sale establishment shall be located upon real property in the City of Brookings, South Dakota, described as: West 75 ‘of Lots 20 and 21, Block 3, Original Plat Addition City of Brookings, Brookings County, South Dakota IV. The Manager shall dispense only alcoholic beverages supplied by the Municipal Off - Sale establishment. V. This Agreement shall be in full force and effect for a period of five (5) years, wit h the Manager having the option and privilege of one five (5)-year extension, subject to the approval of the governing body of the City of Brookings. VI. Either the Manager or the City may terminate this Agreement without cause upon ninety (90) days written notice served by either party upon the other. The City reserves the right to immediately suspend or revoke this Agreement without ninety (90) days written notice for alcohol-related violations in accordance with the provisions of Resolution No. 25-88 or any amendments thereto or for any late payments for alcoholic beverages supplied by the Municipal Off -Sale Establishment to be sold on the premises of Manager. VII. The Manager shall receive as full compensation for its services rendered, the net profi t from the on-sale establishment under its management, and the sole profit to be derived by the City shall be the markup hereinafter set forth on alcoholic beverages furnished by the municipality to the Manager for the purposes of resale on the premises as above described. VIII. The Manager shall pay in a timely manner to the City for all alcoholic beverages sold by the City to the Manager for resale on the above-described premises, the actual cost of distilled spirits and wine supplied by the City, plus eleven percent (11%) in excess of such cost; the Manager shall pay to the City for all malt beverages sold by the City to the Manager for resale on the above-described premises, the actual cost of malt beverages, plus ten percent (10%) in excess of such cost. The actual cost shall include cost price and transportation charges. The markup percentages provided in this Agreement are subject to change by the City of Brookings. In the event markup percentages are changed by Ordinance, then the markup percentages provided by City Ordinance shall supercede the markup percentages provided herein. The Manager further agrees that if either of the markup percentages shall be increased at any time by the City, the Manager shall pay the markup as so increased. IX. A complete and detailed record shall be maintained by the City of all alcoholic beverages supplied to the on-sale Manager and such alcoholic beverages so supplied shall be evidenced by pre-numbered invoices prepared in triplicate showing the date, quality, brand, size, and actual cost of such item, and such invoice shall bear the signature of the authorized representative of the on -sale Manager or its authorized representative. One copy thereof shall be retained by the Municipal off -sale establishment, one copy shall be retained by the on-sale establishment, and one copy shall be filed with the City Clerk. All copies shall be kept as permanent records and made available for reference and audit purposes. The Manager also agrees to maintain a complete record of all alcoholic beverages received from the City. X. In consideration of the covenants herein contained, the Manager agrees to pay the CITY OF BROOKINGS, One Thousand Five Hundred, and no/100 Dollars ($1,500.00), constituting the Annual License Fee on or by the 1st day of November of each year thereafter as long as this agreement shall remain in force and effect. The payment of the Annual Renewal License Fee will not extend the term of this Operating Agreement beyond the term provided therein. The Manager further agrees that if the annual fee shall be increased at any time by the legislature, the Manager shall pay the amount of any such increase. XI. The Manager agrees to keep the premises in a neat, clean and attractive appearance, and Manager further agrees to operate said on-sale establishment only on such days and at such hours as permitted by state law and city ordinances. XII. The Manager shall have the right to return, at any time, alcoholic beverages received from the City which are eligible to be returned, and to receive in return any deposit made for such alcoholic beverages; in the event of termination of the business, all unused alcoholic beverages, which may be resold without discount may be returned to the City and the Manager shall be reimbursed for the cost of such alcoholic beverages. XIII. The Manager agrees to abide by the credit policies of the City and acknowledges, by execution of this Agreement, receipt of a copy of the credit policies of the City. The City reserves the right to change or terminate its credit policies at any time, but shall be required to provide written notice to Manager prior to the effective date of the change or termination date of the credit policies. XIV. The Manager agrees to furnish the City upon demand, evidence of payment of the following: A. All salaries of on-sale employees; B. Social Security and withholding taxes on said employees; C. Worker’s Compensation insurance premiums covering said employees; D. Unemployment taxes on the payrolls of said employees; E. General liability insurance protecting both the City and the Manager against claims for injury or damages to persons or property, said policy to have general liability limits of at least Five Hundred Thousand Dollars ($500,000.00) single limit, and One Million Dollars ($1,000,000.00) aggregate, and a limitation of Fifty Thousand Dollars ($50,000.00) for damage to property. The general liability insurance limits are subject to change and Manager agrees to change limits of insurance if required by the City; F. Rent and utility bills; and G. Any and all miscellaneous expenses, including taxes. XV. The Manager agrees to observe all Federal and State laws and ordinances of the City of Brookings. XVI. The City covenants and agrees to furnish the on -sale license to Manager pursuant to the terms and conditions of this Operating Agreement and the terms and conditions of the on-sale license. XVII. The City has the right to make inspections and investigations of the premises during the hours of operation, and make audits and examinations of the records of the Manager relating to the on-sale establishment. XVIII. It is further specifically understood and agreed that the waiver of the rights of the City under this Agreement shall not constitute a continuous waiver, and any violation or breach of the terms of this Agreement by the Manager shall constitute a separate and distinct offense and grounds for immediate termination and revocation of this Agreement. XIX. This agreement shall not be assignable to another person or location without the written consent of the City. IN WITNESS WHEREOF, the parties hereto have executed this Agreement which is effective this 28th day of April, 2020. CITY OF BROOKINGS, South Dakota A Municipal Corporation By: ATTEST: Paul Briseno, City Manager Bonnie Foster, City Clerk MANAGER By: By: By: By: By: 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 20-0193,Version:1 Action on appointments to City Boards, Committees and Commissions. Summary: Mayor Keith Corbett has submitted the following appointment recommendations for City Council advice and consent: Airport Board Number of positions:1 Term Length:5 years Residency Requirement:City required for majority The Airport Board gives recommendations to city staff for the management, supervision, regulations, and care for the Brookings Regional Airport. Any rules or regulations are subject to approval of the City Manager. Mayor’s Recommendation 1.Appoint Brady Klocker Park & Recreation Board Number of positions:4 (2 regular terms, 1 college student representative, 1 high school student representative) Term Length:3 years (1-year for student positions) Residency Requirement:Not required The Park & Recreation Board provides advice to the Director of Parks, Recreation and Forestry to assist in fulfilling the administering of the public park system, recreation programs and city forestry program. The Board also advises the City Council and makes recommendations on matters regarding park capital improvements and planning. Mayor’s Recommendation: 1.Reappointment Isaac Schulte, high school student representative 2.Reappoint Carson Cody, college student representative 3.Reappoint Steve Berseth 4.Appoint Andrea Hogie City of Brookings Printed on 4/24/2020Page 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 20-0192,Version:1 Outside Agency Funding Process. Summary: At a February meeting, City Council requested a report and discussion of 2021 outside agency funding. The City Charter notes the City Manager will prepare the budget for Council review. The funding of outside agencies/programs is part of the budget formulation. For 2021, City Management will partner with United Way to make recommendations of Untied Way/City funded agencies. This ensures funding is dedicated to the greatest need in Brookings and founded on expert insight. Background: The City Charter states the City Manager will prepare the budget. Therefore, the City Manager provides a recommendation based on analysis, projections and identified need to meet the goals and policy of Council. Prior to 2018, the City Manager made recommendations through the budget process. This recommendation included funding levels based on need, information received and available funds. Applications for outside agency funding requires submission by June 1st. This was a simple process with little input beyond the applications. In 2019, the City Manager requested greater input to ensure essential community services were met with proper allocation of funding. This was a first good step, however, the initial process had opportunity for improvement. In 2020, nineteen (19) programs were funded at $741,328. For the 2021 budget, the City Manager will utilize the services of the United Way to make recommendations based on a professional system that has identified the community’s need. Through a systematic approach, the United Way collaborates to create efficiencies in the funding process and distribute funds based on need to various agencies throughout the community. The United Way has an established, clearly defined focus areas (education, self-sufficiency, and health) to maximize the community impact of its contributions to outside agencies. They have developed a mechanism for agencies to apply for funding and have the capabilities of monitoring and evaluating. This approach provides accountability and allows an understanding which outside agencies can apply and receive funding. Attachments: 1.Memo 2.Benefits of Partnering with United Way 3.United Way Funding Process 4.Funding Process Worksheet Narrative City of Brookings Printed on 4/24/2020Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Paul M. Briseno, City Manager Council Meeting: April 28, 2020 Subject: Outside Agency Funding Process Person(s) Responsible: Paul M. Briseno, City Manager Summary: At a February meeting, City Council requested a report and discussion of 2021 outside agency funding. The City Charter notes the City Manager will prepare the budget for Council review. The funding of outside agencies/programs is part of the budget formulation. For 2021, City Management will partner with United Way to make recommendations of United Way/City funded agencies. This ensures funding is dedicated to the greatest need in Brookings and founded on expert insight. Background: The City Charter states the City Manager will prepare the budget. Therefore, the City Manager provides a recommendation based on analysis, projections and identified need to meet the goals and policy of Council. Prior to 2018, the City Manager made recommendations through the budget process. This recommendation included funding levels based on need, information received and available funds. Applications for outside agency funding requires submission by June 1st. This was a simple process with little input beyond the applications. In 2019, the City Manager requested greater input to ensure essential community services were met with proper allocation of funding. This was a first good step, however, the initial process had opportunity for improvement. In 2020, nineteen (19) programs were funded at $741,328. For the 2021 budget, the City Manager will utilize the services of the United Way to make recommendations based on a professional system that has identified the community’s need. Through a systematic approach, the United Way collaborates to create efficiencies in the funding process and distribute funds based on need to various agencies throughout the community. The United Way has an established, clearly defined focus areas (education, self- sufficiency, and health) to maximize the community impact of its contributions to outside agencies. They have developed a mechanism for agencies to apply for funding and have the capabilities of monitoring and evaluating. This approach provides accountability and allows an understanding which outside agencies can apply and receive funding. Item Details: The City will request all outside agency applications for 2021 funding in May and due June 1st. Of the nineteen (19) programs that received $741,328 through the General Fund, staff will request nine (9) that received $413,700 make a request through the United Way in the fall. These identified agencies fall under the United Way’s already established primary focus areas. The United Way will make determination of recommended funding in the fall and the City will still pay directly to each program. This process saves each agency time with one application and assures a developed program for distribution of available funds to agencies that provide the greatest impact to strategically identified needs. Programs that are not appropriate for this model will still be considered through the traditional city examination and recommendation. Through the 2021 budget process staff will try to provide the 2020 funding level of $413,700 for the nine (9) United Way agencies. These agencies include the Brookings School District, BATA, Boys & Girls Club of Brookings, Brookings Behavioral Health and Wellness, Brookings Domestic Abuse Shelter, Safe Ride, Brookings County Youth Mentoring Program, Brookings Empowerment Project, and Crime Stoppers. The Brookings Area United Way funding is awarded in the fall. They will make recommendations for 2022 based on this process. The United Way will provide the City with an annual impact report. The United Way fights for the health, education and self-sufficiency of every person in the Brookings community. They work with numerous local agencies to better understand the needs of our community members and how we can solve the problems individuals and families face. If this process is not desired, the City Manager will then meet with the United Way to take recommendation based on applications and formulate a budget proposal to the City Council. Legal Consideration: None. Financial Consideration: The 2020 funding amount for agencies fitting under this proposed United Way evaluation process would encompass nine (9) agencies that received $413,700. Options and Recommendation: The City Council has the following options: 1. Approve nine (9) agencies to submit application for funding through United Way 2. Deny 3. Do nothing This report is provided as requested by Council. The City Manager prepares the budget per City Charter. If Council is amendable to the process noted, then the Governance and Ends requirement of application by June 1 for the aforementioned agencies will need to be submitted as one application to United Way in the fall. Supporting Documentation: 1. Benefits of Partnering with the United Way 2. United Way Funding Process 3. Funding Process Worksheet Narrative Benefits of Partnering with United Way: The City of Brookings, United Way, agencies and community all benefit from a developed funding process. The following are potential benefits:  Streamlining the process requests for agencies. Many of the outside agencies the City of Brookings supports are UntiedUnited Way funded agencies. Agencies would make one application for funding allowing more time for needed programing. o Current process has evolved to fund agencies based on perceived community needs. A developed process ensures funding is more accurately granted based on defined needs.  There is a clear and concise process in place for funding application and understanding of who can apply for funding.  A clear process is in place for evaluation that includes a proven rubric analysis. Agencies are aware of how programming will be evaluated. o Not until 2020 did the City start outside agency agreements, but metrics are inadequate for accountability and assuring proper needs are met.  Through increased transparency, a community impact report will be provided to the City of Brookings to communicate how funds were spent and the impact made on residents in the community.  The United Way can provide future community goals and focus areas based on Brookings’ changing environment and needs. This will ensure the City of Brookings is more engaged in understanding the needs within our community.  A greater focused effort of funding through the United Way based on clearly stated community goals allows for greater potential investment from other leading agencies. UntiedUnited Way Funding Process The United Way works closely with partner agencies to ensure community donations are strategically utilized to help the most people. The following are steps define the application process: 1. Volunteer Recruitment and Education United Way Board Members, who participate in the allocation committee represent all sectors of the community and are educated to ensure funds are distributed fairly and objectively based on best use. 2. Allocations Agency requests funding based on particular needs and programs. This includes operating costs, programing funds or assistance in developing new programs. The United Way has three (3) priority funding areas that guide investments in local programming. These priorities include: Self-Sufficiency – Individuals and families are independent and stable  Independent and Secure Living  Financial Literacy and Support  Access to Basic Needs  Employment Readiness Health – Individuals and families are healthy and safe  Personal Health and Safety  Emotional and Emotional wellness  Positive Social Behavior  Access to health services Education – Individuals and families are equipped for success throughout every life stage  School Readiness  Youth Academic and Character Development  Adult Empowerment Application Funding Process and Worksheet Narrative 1 Rev 12/19 Guiding principles of the proposed funding process: 1. With or without the use of any worksheet or other numerical rating process, any agency whose application meets the committee’s expectations in every way should receive as close to full funding as BAUW is able to provide. 2. All agencies whose applications meet all expectations should receive the same percentage of their funding request, i.e., no attempt will be made to establish that one such agency is more worthy than another. 3. If an agency’s application fails to meet expectations in some way but there is a reasonable and well-defined way to judge it as being as worthy as one that does meet all expectations, that agency should receive the same level of funding as those that meet expectations. 4. If an agency fails to meet expectations in an area of most importance, it should receive no funding unless specifically determined otherwise by discussion of the board. 5. If an agency’s application does not rise to the level of meeting expectations in the most important areas and rise above failure to meet expectations in at least one other area, that agency should receive no funding. 6. Agencies whose applications lie between the two extremes described above should be considered individually by the full committee. They are eligible to receive up to the same percentage of their funding request as those that meet all expectations, but not more. The proposed agency funding determination process in brief: There are six steps in the funding determination process. More detail is provided in the narrative below. 1. Application review (Group scoring submitted, Date TBD) 2. Application data entry (Executive Director, Date TBD) 3. Full Board discussion (BAUW Board ALLOCATION meeting – Date TBD) The proposed agency funding determination process in detail: Non-profit status determination  This is the final year that an organization can use another organizations 501C3 status. Application review (Agency Liaison, Date TBD)  Gather as a group to read/discuss the groups applications. The liaison should reach out to the agency contacts to clarify any questions in order to fully understand and assess the application. Rating Meaning Rating Meaning 1 Fails to meet expectations 6 Meets expectations 3 Lacking in expectations 9 Exceeds expectations The six assessment areas are weighted differently to reflect their relative importance. Community Impact, Community Need, and Fits BAUW Priorities are considered to be twice as important as Fiscal Management and Track Record. Ability & Evaluation is slightly more important than the latter two areas. Weighting Assessment area Weighting Assessment area 10 Community Impact 6 Ability & Evaluation 10 Community Need 5 Fiscal Management 10 Fits BAUW Priorities 5 Track Record Application Funding Process and Worksheet Narrative 2 Rev 12/19 Definitions of Assessment Areas in Scoring Worksheet: Community Need The program addresses a recognized health and human services need in our community The need is consistent with BAUW mission and funding priorities for the current year The problem/situation addressed by the agency is serious The agency provides strong data to validate the need for this program Impact The program clearly demonstrates a meaningful linkage between community needs, program activities and outcomes The program provides a meaningful volume of services and/or people served United Way funding will make a difference and bring about positive change in people’s lives Ability & Evaluation The Agency has a history of reliability There is adequate staffing and resources to conduct this program The program plan is sound Clear goals and objectives are written Measurable outcomes are evident The agency/program demonstrates the ability to deliver and measure proposed outcomes Financial Management Financial information is presented clearly & accurately The agency has a balanced budget The agency has adequate reserves BAUW policy recommends 3-6 months There is diversified funding/other funding is available to support program(s) The funds that are requested from BAUW support client services Overhead expenses are a reasonable % of total budget Track Record There is year-round commitment to work with the United Way The agency appeared to have accomplish their goals and objectives from last year The agency makes a difference with previous years’ UW funding If a board member (liaison) feels the dollar amount the agency is requesting needs to be lowered, please indicate that adjusted dollar amount in the “Liaison adjusted request” column on the Scoring Worksheet. All agencies with liaison adjusted requests will be flagged for full -board review during the allocation decision making meeting. Application Funding Process and Worksheet Narrative 3 Rev 12/19 Application data entry (Executive Director, Date TBD)  Ratings for all applications are entered in the application funding worksheet, which computes an application score.  Applications are initially categorized as: Score Category Significance 276 to 414 Green Automatically receives as close to full funding as possible. No committee discussion. 200 to 275 Yellow Flagged for discussion by committee. May receive up to Green category funding level. 0 to 199 Red Automatically receives no funding. No committee discussion. Examples and rationale for the categorization scores: Weighting 10 10 10 6 5 5 Agency Name Community Impact Community Need Fits BAUW Priorities Ability & Evaluation Fiscal Management Track Record Application Score Score Range Agency 1 9 9 9 9 9 9 414 Agency 2 6 6 6 6 6 6 276 Agency 3 6 3 9 6 6 6 276 Agency 4 6 6 6 1 3 1 206 Agency 5 6 6 6 1 1 1 196 Agency 6 1 9 9 9 9 1 294 Agency 1 receives Exceeds Expectations ratings, resulting in a 9X10+9X10+9X10+9X6+9X5+9X5 = 414 score. Agency 2 Meets Expectations in each area, resulting in a score of 276 Agency 3 is Lacking in Expectations in Community Need, but Exceeds Expectations in Fits BAUW Priorities and Meets Expectations in all other areas, resulting in a scor e of 276 equivalent to Agency 2 Agency 4 Meets Expectations in the three most important areas and rises above Failure to Meet Expectations in one other area, resulting in a score greater than 206 , above the 200 cutoff Agency 5 Meets Expectations in the three most important areas but Fails to Meet Expectations in all other areas, resulting in a score of 196, below the 200 cutoff Agency 6 Fails to Meet Expectations in one of the three most important areas, and thus is flagged Yellow for discussion in spite of having a strong score of 294 Application Funding Process and Worksheet Narrative 4 Rev 12/19  Initial funding level o The worksheet determines how much is available to award to agencies submitting l ong-form applications. o It also determines the total of funding requests of applications in the Green and Yellow categories. o The ratio (Funds Available) / (Funds Requested) is computed as a percent. o Initially, all Green/Yellow category agencies receive this percent of their request up to a maximum of 100%. o Agencies with Red category applications are initially awarded $0.00. This is also their final award. Full Board Discussion (Date TBD)  Any board member can request further discussion of an application. Contact UW staff to add to the agenda.  Applications will be discussed when o the current “liaison adjusted request” compared to the previous year’s ‘agency request’ has increased by 25% or more o any agency request that is 10% or more of our total allocation budget  Applications that are submitted after the due date will be reduced by a minimum of 10% of the agency request for that year  All Yellow Category applications: After discussion, the board may choose to lower the awards of agencies in this category.  Funds are freed up by the lowering of these awards. The worksheet automatically redistributes these funds across all agencies whose awards have not been lowered by the committee. Awards that have been manually adjusted by the committee remain fixed at the committee-determined level.  If there are remaining funds after allocation process, these funds could go into the reserve, or otherwise be used as the committee decides. 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 20-0196,Version:1 Update on the Brookings Arts Council Director Position. Summary: City Manager Paul Briseno will provide an update on the Brookings Arts Council Director position to the City Council and members of the public. Background: Excerpt from April 14, 2020 City Council Minutes: “City Council Member Introduction of Topics for Future Discussion. A motion was made by Council Member Hansen, seconded by Council Member Bacon, for the City Council to consider adding the Arts Council Director position as a regular city employee position. City Council discussion to be held at the April 28, 2020 City Council Meeting. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton Byrne.” City of Brookings Printed on 4/24/2020Page 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 #:RES 20-042,Version:1 Action on Resolution 20-042, a Resolution Authorizing Change Order No. 2 for the 2019-01SWR, Concrete Maintenance Project; Clark Drew Construction. Summary: This project is the annual concrete project and entails construction of miscellaneous concrete work including curb and gutter, fillets, valley gutters, curb ramps, City & County parking lot, and homeowner trip hazard sidewalks. The concrete repair work for 2020 to replace fillets, valley gutters, curb & gutter, and ramps is being deferred to 2021 due to budget constraints with Covid-19 as well as staff commitments to the 20th Street South Interchange Project. There are approximately 50 residential properties with sidewalk trip hazard repairs in the 2020 area for replacement. Clark Drew Construction has fillet and ramp work to complete from 2019 and have agreed to add the trip hazard sidewalk to their 2019 contract. This resolution will increase the contract by $34,821.00, and the sidewalk repair costs will be assessed. The change order will extend the substantial completion date to October 1, 2020 and extend the final completion date to October 9, 2020 to complete the amended project. Recommendation: Staff recommends approval of the resolution. Attachments: Memo Resolution City of Brookings Printed on 4/24/2020Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Jackie Lanning, City Engineer Council Meeting: April 28, 2020 Subject: Resolution 20-042, Change Order No. 2 for the 2019- 01SWR Concrete Maintenance Project, Clark Drew Construction Person(s) Responsible: Jackie Lanning, City Engineer Summary: This resolution will approve Change Order No. 2 for the 2019-01SWR Concrete Maintenance Project to adjust quantities for the addition of approximately 3,770 square feet of sidewalk and to disconnect one water shutoff for a total increase of $34,821.00 to the contract, and to extend the substantial completion date to October 1, 2020 and the final completion date to October 9, 2020. Background: This project is the 2019 concrete project and entails construction of miscellaneous concrete work including curb and gutter, fillets, valley gutters, curb ramps, sidewalk, and constructing the City & County parking lot. This project also includes homeowner trip hazards that were not repaired in the 2018 sidewalk area, which is north of 6th Street and west of Medary Avenue and property owners’ sidewalk in the 2019 area who volunteered to be in the project, which is between 6th Street and 8th Street South and west of Medary Avenue. Item Details: The concrete repair work for 2020 to replace fillets, valley gutters, curb & gutter, and ramps is being deferred to 2021 due to budget constraints with Covid-19 as well as staff involvement with the 20th Street South Interchange Project. However, there are approximately 50 residential properties with sidewalk trip hazard repairs in the 2020 area which is south of 8th Street South and west of Medary Avenue. Clark Drew Construction has fillet and ramp work to complete from 2019 and have agreed to add the trip hazard sidewalk to their 2019 contract. The change order will also extend the substantial completion date to October 1, 2020 and extend the final completion date to October 9, 2020 to complete the amended project. The change order summary is as follows: Original Contract Price: $548,432.98 Increase from Previously Approved Change Order (1): $3,422.00 Contract Price Prior to this Change Order: $551,854.98 Increase of this Change Order (No. 2): $34,821.00 Contract Price Incorporating This Change Order: $586,675.98 Legal Consideration: SDCL 5-18B-19 allows for a change order up to $75,000 for this size of contract. The change order proposed is within the change order limit allowed by statute. Strategic Plan Consideration: This change order will eliminate the need for a separate bidding process for the sidewalk work, which allows for a cost savings in publication fees as well as a savings of staff time. Financial Consideration: The contract will increase by $34,821.00 and the cost will be paid by property owner assessments when the project is completed. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Deny 3. Do nothing Staff recommends approval of the resolution as presented. Supporting Documentation: 1. Resolution Resolution 20-042 Resolution Authorizing Change Order No. 2 for 2019-01SWR, Concrete Maintenance Project; Clark Drew Construction, Inc. Be It Resolved by the City Council that the following change order be allowed for 2019- 01SWR, Concrete Maintenance Project: Construction Change Order Number 2: Adjust plan quantities for additional sidewalk work and removal of one water service for a total increase of $34,821.00 to the contract and extend the substantial completion date to October 1, 2020 and the final completion date to October 9, 2020 to complete the amended project. Passed and approved this 28th 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 20-044,Version:1 Action on Resolution 20-044, a Resolution Awarding Bids on Project 2020-08STI Street Maintenance and Overlay Project. Summary: This project is the annual street maintenance project which includes asphalt milling, digouts and overlays on various streets in Brookings that are in need of repair. The streets identified for repair this year include: ·2nd Street from 6th Avenue to Medary Avenue ·Yorkshire Drive from Sunrise Ridge Road to the west approximately 1,000 feet. ·Faculty Drive: water main replacement, asphalt patching on the west leg of Faculty Drive and asphalt overlay on the east leg from 6th Street to the Village Square Mall ·10th Street from 22nd Avenue to 25th Avenue ·West 7th Avenue from W 13th Street to the north ·Alley between 6th Avenue and 7th Avenue connecting 8th Street and 9th Street The bid letting for this project was held on Thursday, April 23, 2020 and the City received the following bids: Bowes Asphalt Rounds Engineer’s Const.Surfacing Const.Estimate Co. Schedule A: City Street Work $603,138.25 $699,452.20 $718,762.46 $684,495.00 Schedule B: BMU Faculty Dr.$179,432.78 $182,063.48 $185,426.00 $190,478.20 Water Main Total Schedule A & B:$782.571.03 $881,515.68 $904,188.46 $874,973.20 The total low bid of Bowes Construction Co., Inc. for $782,571.03 is approximately 11% lower than the engineer’s estimate of $874,973.20. Recommendation: Staff recommends awarding the project to Bowes Construction Co., Inc. for the low bid of $782,571.03. Attachments: Resolution Map City of Brookings Printed on 4/24/2020Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Jackie Lanning, City Engineer Council Meeting: April 28, 2020 Subject: Resolution 20-044, a Resolution Awarding Bids on Project 2020-08STI Street Maintenance and Overlay Project. Person(s) Responsible: Jackie Lanning, City Engineer Summary: This resolution will award bids for the 2020-08STI, Street Maintenance and Overlay Project to Bowes Construction Co. Inc., Brookings, SD for the total low bid price of $782,571.03. Background: This project is the annual street maintenance project, which includes asphalt milling, digouts and overlays on various streets in Brookings that are in need of repair. The streets identified for repair this year include:  2nd Street from 6th Avenue to Medary Avenue: Milling, dig-outs and 2” asphalt overlay.  Yorkshire Drive from Sunrise Ridge Road to the west approximately 1,000 feet : Milling, digouts, new valley gutter near The Neighborhoods at Brookview and 2” asphalt overlay.  Faculty Drive: This portion of the project is a joint project between BMU and the City. The project includes installing new water main around Faculty Drive and to the west on 7th Ave for a short distance. After the water main is installed, Faculty drive will have a full depth digout and reconstruction from 6th Street on the east leg to the Village Square Mall driveway. Next year, new storm sewer will be installed north of the Village Square Mall driveway and the remainder of Faculty Drive will have an asphalt overlay.  10th Street from 22nd Avenue to 25th Avenue: Milling, dig-outs and 2” asphalt overlay.  West 7th Avenue from W est 13th Street to the north: The segment has degraded will be reconstructed and paved.  Alley between 6th Avenue and 7th Avenue connecting 8th Street and 9th Street: Milling and 4” asphalt paving. The bid letting for this project was held on Thursday, April 23, 2020 and the City received the following bids: Bowes Asphalt Rounds Engineer’s Const. Surfacing Const. Estimate Co. Schedule A: City Street Work $603,138.25 $699,452.20 $718,762.46 $684,495.00 Schedule B: BMU Faculty Dr. $179,432.78 $182,063.48 $185,426.00 $190,478.20 Water Main Total Schedule A & B: $782.571.03 $881,515.68 $904,188.46 $874,973.20 Item Details: The streets included with this project were selected with reference from the pavement condition study. Staff reviewed the bid prices in comparison to bids received in previous years. The low bid prices were similar to 2019 bid prices, although oil prices are lower this year. The total low bid of Bowes Construction Co., Inc. for $782,571.03 is approximately 11% lower than the engineer’s estimate of $874,973.20. Legal Consideration: None. Strategic Plan Consideration: The street maintenance program furthers the accomplishment of City Council Strategic Initiative of Maintaining Facilities with a Sustainable Plan. The asphalt material that is milled from the street surfacing is used in the hot asphalt mix that is placed in the overlay, thereby recycling the aggregate material and using less percentage of oil in the mix. The asphalt overlays will extend the life of the streets and reduce the need for a full reconstruction of the streets. Financial Consideration: The City will enter into a contract with Bowes Construction Co, Inc. for the total low bid amount of $782,571.03. The project is within the budgeted amount. Options: The City Council has the following options: 1. Approve as presented 2. Deny 3. Do nothing Recommendation: Staff recommends approval of the resolution as presented. Action Requested: Approval of the resolution to award the bid. Supporting Documentation: 1. Resolution 2. Map Resolution 20-044 Resolution Awarding Bids on Project 2020-08STI Street Maintenance and Overlay Project Whereas, the City of Brookings opened bids for Project 2020-08STI, Street Maintenance and Overlay Project on Thursday, April 21, 2020 at 1:30 pm at the Brookings City & County Government Center via teleconference; and Whereas, the City of Brookings has received the following bids for the 2020-08STI Street Maintenance and Overlay Project: Schedule A: Bowes Construction - $603,138.25, Asphalt Surf acing Company - $699,452.20, Rounds Construction - $718,762.46; Schedule B: Bowes Construction - $179,432.78, Asphalt Surfacing Company - $182,063.48, Rounds Construction - $185,426.00; Total Bid: Bowes Construction - $782,571.03, Asphalt Surfacing Company - $881,515.68 and Rounds Construction - $904,188.46. Now, Therefore, Be It Resolved that the total low bid $782,571.03 for Bowes Construction Co., Inc. be accepted. Passed and approved this 28th day of April, 2020. CITY OF BROOKINGS ________________________________ Keith W. Corbett, Mayor ATTEST: _________________________ Bonnie Foster, City Clerk INNOVATION DR10TH ST S16TH AVE15TH AVE12TH AVESTADIUM RDVINE ST3RD ST S4TH ST S13TH STVICTORY ST1ST ST1ST ST1ST ST S17TH AVEDAKOTA AVER ESEARCH PKWYYORKSHIRE DREASTBROOK DRUNIVERSITY BLVD11TH AVE25TH AVE25TH AVEW 2ND ST SRAILROAD STTHUNDER PASS7TH AVE S11TH STFRONT STFRONT STWESTERN AVEW US HWY 14 BYPLEGEROS DRPAMELA DRHERITAGE DRNICOLE LNMINNESOTA DR20TH AVE20TH AVE14TH AVE14TH AVEPA RK AVE ORCHARD DRDERDALL DRMEDARY AVE S7TH ST1ST AVE SCAMPANILE AVE9TH ST9TH ST10TH ST13TH ST W2ND AVEMAIN AVEMAIN AVE8TH ST S8TH ST SOHIO DR10TH ST W32ND AVEW 8TH ST S13TH AVE13TH AVE1ST AVE5TH AVE7TH ST W2ND ST4TH ST5TH STRAMPRAMP RAMPRAMPRAMP RAMPRAMP PRINCE DRMORNI NGSIDE DR8TH ST WMEDARY AVE7TH AVE6TH AVECIRCLE DR22ND AVEFOREST STELM AVEUS HWY 14 BYP16TH AVE S3RD AVE S2ND ST SELMWOOD DRW US HWY 14W US HWY 1422ND AVE SI 29I 29I 29I 29I 29I 29OLWIEN ST8TH ST6TH6TH ST6TH ST6TH ST 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 20-037,Version:1 Public Hearing and Action to approve Resolution 20-037, a Resolution of Intent to Lease Real Property to Daniel P. Bauer in the Wiese and Freeland Additions. Summary: This resolution will approve the crop lease in the Wiese and Freeland Additions to Daniel P Bauer. Background: The City awarded the crop bid to Daniel P Bauer on April 8, 2020 to lease 10 acres of crop land in Section 18, Freeland Addition and 30 acres of crop land in Section 19 in Wiese Addition. The lease will be a one-year lease for 2020. The lease provides for extra income for the City as well as provides for weed control. A public hearing is required as per SDCL 9-12-5.2 to lease to a private person: 9-12-5.2. Powers - Lease to private person - Resolution - Notice - Hearing - Authorization. If the governing body decides to lease any municipally owned property to any private person for a term exceeding one hundred twenty days and for an amount exceeding five hundred dollars annual value it shall adopt a resolution of intent to enter into such lease and fix a time and place for public hearing on the adoption of the resolution. Notice of the hearing shall be published in the official newspaper once, at least ten days prior to the hearing. Following the hearing the governing body may proceed to authorize the lease upon the terms and conditions it determines. The Notice of Public Hearing was advertised as required. This resolution will allow the City to enter into a lease agreement with Daniel P. Bauer for a one-year lease for 40 acres in the Wiese and Freeland Additions. Fiscal Impact: The City will receive $4,800.00 in revenue for 2020. Recommendation: Staff recommends approval of the resolution. Attachments: Memo Resolution Notice Freeland Map Wiese Map City of Brookings Printed on 4/24/2020Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Mike Struck, Community Development Director Council Meeting: April 28, 2020 Subject: Cropland Lease Person(s) Responsible: Mike Struck, Community Development Director Summary: This resolution will approve the crop lease in the Wiese and Freeland Additions to Daniel P. Bauer. Background: The City awarded the crop land bid to Daniel P. Bauer, Bauer Farms, on April 8, 2020 to lease 10 acres of crop land in the Freeland Addition and 30 acres of crop land in the Wiese Addition at $170.00 per acre. The lease will be a one-year lease for 2020. The lease provides for extra income for the City as well as provides for weed control until such time as the land is sold for industrial purposes. A public hearing is require d per SDCL 9-12-5.2 to lease to a private person: 9-12-5.2. Powers - Lease to private person - Resolution - Notice - Hearing - Authorization. If the governing body decides to lease any municipally owned property to any private person for a term exceeding one hundred twenty days and for an amount exceeding five hundred dollars annual value it shall adopt a resolution of intent to enter into such lease and fix a time and place for public hearing on the adoption of the resolution. Notice of the hearing shall be published in the official newspaper once, at least ten days prior to the hearing. Following the hearing the governing body may proceed to authorize the lease upon the terms and conditions it determines. The Notice of Public Hearing was advertised as required. This resolution will allow the City to enter into a lease agreement with Daniel P. Bauer for a one -year lease for 40 acres in the Wiese and Freeland Additions. Discussion: The City leases industrial land on a yearly basis to generate additiona l 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. The bidder contacted the City on April 20th and requested to rescind his bid due to the current economic conditions associated with the Coronavirus. The Notice to Bidders contained the following language: “Bids may not be withdrawn within thirty (30) days after the actual opening thereof. The City of Brookings reserves the right to waive irregularities and to reject any and all bids.” Mr. Bauer was the only bidder on the cropland lease bid. The City has an interest in leasing the cropland as the property has been previously tilled for crop productio n. If the property is not leased, the City will incur additional maintenance costs associated with week control. Staff discussed the issue with legal counsel and conversed with Mr. Bauer and he would agree to a lease rate of $120 per acre, which is $50 less per acre than the original bid. Legal Consideration: City Attorney Steve Britzman provided the following opinion on the issue: The City, having received a request to rescind the only bid submitted, is faced with the possibility of having a bidder not sign the lease agreement. Attempting to locate another bidder at this point will be difficult since the parcels are quite small—10 acres of crop land in the Freeland Addition and 30 acres of crop land in the Wiese Addition. The City is therefore effectively left without a responsive bidder/tenant, and is therefore authorized to limit this lease to the 2020 growing season and negotiate with the low bidder for a crop lease which will allow the city to have a 2020 tenant. While there will be a reduction of income pursuing a negotiated lease at this point, the benefits of modifying the lease outweighs the time and expense which would be incurred to enforce the original bid. While we have not determined whether the withering farm economy provides a legal justification for a bidder to rescind, taking this action is permitted under the law (since the lease was submitted to public bidding) and is the best solution in this circumstance. Financial Consideration: The City will receive $4,800.00 in revenue for 2020 at $120 per acre. Options: The City Council has the following options: 1. Approve the resolution as presented. 2. Approve the resolution with modifications. 3. Reject the resolution. 4. Do nothing. Recommendation: Staff recommends approving the resolution of intent to lease to a private individual. Action Requested: Approval of resolution of intent to lease to a private individual. Supporting Documentation: 1. Resolution 2. Notice 3. Freeland Addition Map 4. Wiese Addition Map Resolution 20-037 Resolution of Intent to Lease Real Property To Daniel P. Bauer in the Wiese and Freeland Additions Be It Resolved by the governing body of the City of Brookings, South Dakota, that the City of Brookings intends to enter into a lease with Daniel P. Bauer, commencing on April 28, 2020 and ending December 31, 2020, and pertaining to the following described property: The designated farmland of thirty (30) acres more or less in the Brookings Wiese Addition, in Section 19, T110N, R49W, and the designated farmland of ten (10) acres more or less in the Brookings Freeland Addition, in Section 18, T110N, R49W in the City of Brookings, Brookings County, South Dakota. The Lease will be an amount of One Hundred Twenty Dollars and Zero Cents ($120.00) per acre for farmland annually, payable first half on June 1 and the remaining half on November 1. The City of Brookings may terminate this Lease at any time in the event a parcel of the above described property is to be sold by the City of Brookings . If a portion of the leased land is sold, the number of acres to be paid for will be adjusted at the unit price per acre. Be It Further Noted, that a Public Hearing on this Resolution was held on April 28, 2020 at 6:00 o’clock P.M. at the City Council Chambers and that all persons were given an opportunity to be heard on the intent to lease real property. Passed and approved this 28th day of April, 2020. CITY OF BROOKINGS ____________________________________ Keith W. Corbett, Mayor ATTEST: __________________________ Bonnie Foster, City Clerk Notice of Public Hearing on Adoption of Resolution of Intent To Lease Real Property To Daniel P. Bauer Notice is Hereby given that on Tuesday, April 28, 2020, at 6:00 o’clock P.M., the Brookings City Council will hold a public hearing in the Chambers, Brookings City & County Government Center, 520 3rd Street, Brookings, South Dakota, on the Resolution of Intent of the City of Brookings to lease to Daniel P. Bauer the following property: The designated farmland of thirty (30) acres more or less in the Brookings Wiese Addition, Section 19, T110N, R49W and ten (10) acres more or less in the Brookings Freeland Addition, Section 18, T110N, R49W in the City of Brookings, Brookings County, South Dakota. At the time and place affixed for said public hearing, all who appear will be given an opportunity to express their views for or against the proposal to lease the above described property to Daniel P. Bauer. Dated this 17th day of April, 2020. CITY OF BROOKINGS Bonnie Foster, City Clerk If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting." Published ___ time(s) at an approximate cost $___________. City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 20-041,Version:1 Public Hearing and Action on Resolution 20-041, a Resolution authorizing the City Manager to enter into an On-Sale Operating Agreement for a Liquor License for MG Oil Company, dba The Lanes, Marlyn Erickson and Troy Erickson, owners, 722 Western Ave., Brookings, SD, legal description: Lots 1 and 2, Block 1, Snyder’s Addition, with video lottery terminals. Summary: The City of Brookings has received an application to transfer the On-Sale Liquor License from Prairie Lanes, Inc., Leslie Nelson, Sharon Busick, and Cora Nelson, owners, to MG Oil Company, dba The Lanes, Marlyn Erickson and Troy Erickson, owners, 722 Western Ave., Brookings, South Dakota, legal description:Lots 1 and 2, Block 1, Snyder’s Addition, with video lottery terminals. An operating agreement is required for On-Sale Liquor Licenses. This Resolution allows the City Manager to enter into the first five years of the 10-year agreement, effective through 2025. Background: A public hearing and action by the local governing body is required for all alcohol licenses. This license would be effective until December 31, 2020 and then subject to an annual renewal. If approved, the application would be forwarded to the State Department of Revenue for final action and issuance of the license. Recommendation: Staff recommends approval. Attachments: Memo Resolution Operating Agreement Hearing Notice Map City of Brookings Printed on 4/24/2020Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Bonnie Foster, City Clerk Council Meeting: April 28, 2020 Subject: Operating Agreement for an On-Sale Liquor License for Liquor License for MG Oil Company, dba The Lanes, Marlyn Erickson and Troy Erickson, owners, 722 Western Ave., Brookings, SD, legal description: Lots 1 and 2, Block 1, Snyder’s Addition, with video lottery terminals. Person(s) Presenting: Bonnie Foster, City Clerk Summary: The City of Brookings has received an application to transfer the On-Sale Liquor License from Prairie Lanes, Leslie Nelson, Sharon Busick, and Cora Nelson, owners, to MG Oil Company, dba The Lanes, Marlyn Erickson and Troy Erickson, owners, 722 Western Ave., Brookings, South Dakota, legal description: Lots 1 and 2, Block 1, Snyder’s Addition, with video lottery terminals. An operating agreement is required for On-Sale Liquor Licenses. This Resolution allows the City Manager to enter into the first five years of the 10-year agreement, effective through 2025. Background: A public hearing and action by the local governing body is required for all alcohol licenses. This license would be effective until December 31, 2020 and then subject to an annual renewal. If approved, the application would be forwarded to the State Department of Revenue for final action and issuance of the license. Listed below is specific information related to on-sale alcohol license requests and procedures associated with an application. City Ordinances: Listed below is Chapter 6, Article 2, Section 6-42 of the City Code of Ordinances pertaining to Application Review Procedure. The city council shall review all applications submitted to the city for available on-sale alcoholic beverage agreements and for all alcoholic beverage licenses in accordance with SDCL 35-2 and in accordance with the following factors: 1) Type of business which applicant proposes to operate: on -sale alcoholic beverage operating agreements and on-sale alcoholic beverage licenses may not be issued to convenience grocery stores, gas stations, or other stores where groceries or gasoline are sold unless it can be established that minors do not regularly frequent the establishment. 2) The manner in which the business is operated: on-sale alcoholic beverage operating agreements and alcoholic beverage licenses may not be issued to establishments which are operated in a manner which results in minors regularly frequenting the establishment. 3) The extent to which minors are employed in such a place of business: on -sale alcoholic beverage operating agreements and on-sale alcoholic beverage licenses may not be issued to convenience grocery stores, gas stations, or other stores where groceries or gasoline are sold and which regularly employ minors. 4) Adequacy of the police facilities to properly police the proposed location: The city council shall inquire of the city manager whether the police department can adequately police the proposed location. 5) Other factors: The hours that business is conducted shall be considered by the city council in its review of applications for on-sale alcoholic beverage operating agreements and on-sale alcoholic beverage licenses. SD Codified Law 42-7A-64. Additional criteria for on-sale alcoholic beverage licensees in video lottery licensed establishments. A municipality or county may consider, in addition to the criteria for the issuance of an on -sale alcoholic beverage license, the following criteria for authorizing video lottery machine placement in establishments issued an on-sale alcoholic beverage license pursuant to subdivisions 35-4-2(12) and (16): 1) The number of establishments currently licensed for video lottery; 2) The proximity of the business to other establishments licensed for video lottery; 3) The type of business and manner in which the applicant proposes to operate it; 4) The location of the business in relation to other businesses, residential areas, or activities within the same general area; 5) The extent to which minors frequent a business connected to the one proposed; and 6) The effect the proposed business has on economic development. The governing board shall certify on each application filed with the Department of Revenue for a license granted under subdivisions 35-4-2(12) and (16) whether the business premises is authorized for video lottery machine placement. An existing video lottery license may not be denied renewal or transfer based upon the criteria set forth in this section. The lottery may issue a video lottery license to those establishments certified pursuant to this section. Notwithstanding the above provisions, a county or municipality may not restrict the number of alcoholic beverage licenses issued under subdivisions 35-4-2(12) and (16) and certified for video lottery to a number less than those licensed as video lottery establishments on March 1, 1994. Legal Consideration: None. Financial Consideration: This license would be effective until December 31, 2020 and then subject to an annual renewal. Options: The City Council has the following options: 1. Approve the resolution as presented. 2. Approve the resolution with modifications. 3. Reject the resolution. 4. Do nothing. Recommendation: Staff recommends approval. Action Requested: Recommend approval of the transfer of the On-Sale Liquor License. Supporting Documentation: 1. Resolution 2. Operating Agreement 3. Hearing Notice 4. Map Resolution 19-057 On-Sale Liquor Operating Agreement MG Oil Company, dba The Lanes Now, Therefore, Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Agreement for the On-Sale Liquor Operating Management Agreement between the City of Brookings and MG Oil Company, dba The Lanes, Marlyn Erickson and Troy Erickson, owners, 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 722 Western Ave.: legal description: Lots 1 and 2, Block 1, Snyder’s Addition. Now, Therefore, Be It Further Resolved that the City Manager be authorized to execute the Agreement on behalf of the City, which shall be for a period of five (5) years and renewal for another five (5) years. Passed and approved this 28th day of June, 2020. CITY OF BROOKINGS Keith W. Corbett, Mayor ATTEST: Bonnie Foster, City Clerk ON-SALE LIQUOR OPERATING AGREEMENT MG Oil Company, dba The Lanes THIS AGREEMENT made and entered into by and between the CITY OF BROOKINGS, a municipal corporation of the State of South Dakota, hereinafter referred to as the “City” and Marlyn Erickson and Troy Erickson, owners, MG Oil Company, dba The Lanes, hereinafter referred to as “Manager.” The City and Manager are referred to as the “parties” herein. WITNESSETH; WHEREAS, the City has been issued an on-sale alcoholic beverage license and is engaged in the sale of alcoholic beverages, and WHEREAS, the City desires to enter into an Operating Agreement on a limited basis with the Manager for the purpose of operating an on-sale establishment or business for and on behalf of the City pursuant to law, and WHEREAS, the Manager has offered to have facilities in which to operate said on -sale establishment solely upon the premises hereinafter described. NOW, THEREFORE IT IS MUTUALLY AGREED AS FOLLOWS: I. This Agreement is made and entered into on a limited basis between the parties to allow the Manager to operate a retail on-sale premises, pursuant to and in accordance with all of the terms and conditions of this Agreement, and in accordance with all State laws and City Ordinances now in effect and as may b e enacted in the future. II. The Manager shall be individually responsible for all operating expenses of said on -sale establishment, including but not limited to utilities, taxes, insurance, and license fees, if any. The Manager shall furnish all equipment and fixtures necessary to operate the establishment. III. The on-sale establishment shall be located upon real property in the City of Brookings, South Dakota, described as: Lots 1 and 2, Block 1, Snyder’s Addition, City of Brookings, Brookings County, South Dakota IV. The Manager shall dispense only alcoholic beverages supplied by the Municipal Off- Sale establishment. V. This Agreement shall be in full force and effect for a period of five (5) years, with the Manager having the option and privilege of one five (5)-year extension, subject to the approval of the governing body of the City of Brookings. VI. Either the Manager or the City may terminate this Agreement without cause upon ninety (90) days written notice served by either party upon the o ther. The City reserves the right to immediately suspend or revoke this Agreement without ninety (90) days written notice for alcohol related violations in accordance with the provisions of Resolution No. 25-88 or any amendments thereto or for any late payments for alcoholic beverages supplied by the Municipal Off-Sale Establishment to be sold on the premises of Manager. VII. The Manager shall receive as full compensation for its services rendered, the net profit from the on-sale establishment under its management, and the sole profit to be derived by the City shall be the markup hereinafter set forth on alcoholic beverages furnished by the municipality to the Manager for the purposes of resale on the premises as above described. VIII. The Manager shall pay in a timely manner to the City for all alcoholic beverages sold by the City to the Manager for resale on the above-described premises, the actual cost of distilled spirits and wine supplied by the City, plus eleven percent (11%) in excess of such cost; the Manager shall pay to the City for all malt beverages sold by the City to the Manager for resale on the above-described premises, the actual cost of malt beverages, plus ten percent (10%) in excess of such cost. The actual cost shall include cost price and transportation charges. The markup percentages provided in this Agreement are subject to change by the City of Brookings. In the event markup percentages are changed by Ordinance, then the markup percentages provided by City Ordinance shall supercede the markup percentages provided herein. The Manager further agrees that if either of the markup percentages shall be increased at any time by the City, the Manager shall pay the markup as so increased. IX. A complete and detailed record shall be maintained by the City of all alcoholic beverages supplied to the on-sale Manager and such alcoholic beverages so supplied shall be evidenced by pre-numbered invoices prepared in triplicate showing the date, quality, brand, size, and actual cost of such item, and such invoice shall bear the signature of the authorized representative of the on -sale Manager or its authorized representative. One copy thereof shall be retained by the Municipal off -sale establishment, one copy shall be retained by the on-sale establishment, and one copy shall be filed with the City Clerk. All copies shall be kept as permanent records and made available for reference and audit purposes. The Manager also agrees to maintain a complete record of all alcoholic beverages received from the City. X. In consideration of the covenants herein contained, the Manager agrees to pay the CITY OF BROOKINGS, One Thousand Five Hundred, and no/100 Dollars ($1,500.00), constituting the Annual License Fee on or by the 1st day of November of each year thereafter as long as this agreement shall remain in force and effect. The payment of the Annual Renewal License Fee will not extend the term of this Operating Agreement beyond the term provided therein. The Manager further agrees that if the annual fee shall be increased at any time by the legislature, the Manager shall pay the amount of any such increase. XI. The Manager agrees to keep the premises in a neat, clean and attractive appearance, and Manager further agrees to operate said on-sale establishment only on such days and at such hours as permitted by state law and city ordinances. XII. The Manager shall have the right to return, at any time, alcoholic beverages received from the City which are eligible to be returned, and to receive in return any deposit made for such alcoholic beverages; in the event of termination of the business, all unused alcoholic beverages, which may be resold without discount may be returned to the City and the Manager shall be reimbursed for the cost of such alcoholic beverages. XIII. The Manager agrees to abide by the credit policies of the City and acknowledges, by execution of this Agreement, receipt of a copy of the credit policies of the City. The City reserves the right to change or terminate its credit policies at an y time, but shall be required to provide written notice to Manager prior to the effective date of the change or termination date of the credit policies. XIV. The Manager agrees to furnish the City upon demand, evidence of payment of the following: A. All salaries of on-sale employees; B. Social Security and withholding taxes on said employees; C. Worker’s Compensation insurance premiums covering said employees; D. Unemployment taxes on the payrolls of said employees; E. General liability insurance protecting both the City and the Manager against claims for injury or damages to persons or property, said policy to have general liability limits of at least Five Hundred Thousand Dollars ($500,000.00) single limit, and One Million Dollars ($1,000,000.00) aggregate, and a limitation of Fifty Thousand Dollars ($50,000.00) for damage to property. The general liability insurance limits are subject to change and Manager agrees to change limits of insurance if required by the City; F. Rent and utility bills; and G. Any and all miscellaneous expenses, including taxes. XV. The Manager agrees to observe all Federal and State laws and ordinances of the City of Brookings. XVI. The City covenants and agrees to furnish the on -sale license to Manager pursuant to the terms and conditions of this Operating Agreement and the terms and conditions of the on-sale license. XVII. The City has the right to make inspections and investigations of the premises during the hours of operation, and make audits and examinations of the records of the Manager relating to the on-sale establishment. XVIII. It is further specifically understood and agreed that the waiver of the rights of the City under this Agreement shall not constitute a continuous waiver, and any violation or breach of the terms of this Agreement by the Manager shall constitute a separate and distinct offense and grounds for immediate termination and revocation of this Agreement. XIX. This agreement shall not be assignable to another person or location without the written consent of the City. IN WITNESS WHEREOF, the parties hereto have executed this Agreement which is effective this 28th day of April, 2020. CITY OF BROOKINGS, South Dakota A Municipal Corporation By: ATTEST: Paul Briseno, City Manager Bonnie Foster, City Clerk MANAGER By: By: NOTICE OF PUBLIC HEARING On-Sale Liquor License Transfer – MG Oil Company, dba The Lanes NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of Brookings, South Dakota, on April 28, 2020, at 6:00 p.m. in the Brookings City & County Government Center Chambers, 520 Third Street, will meet in regular session to consider an application for the transfer of an On-Sale Liquor License for Prairie Lanes, Inc., Les Nelson, owner, to MG Oil Company, dba The Lanes, Marlyn Erickson and Troy Erickson, owners, 722 Western Ave., Brookings, South Dakota, legal description: Lots 1 and 2, Block 1, Snyder’s Addition. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated at Brookings, South Dakota, this 20th day of April, 2020. Bonnie Foster, City Clerk Published time(s) at an approximate cost $ . City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 20-0194,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, and discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business. SDCL 1-25-2. Executive or closed meetings--Purposes--Authorization--Violation as misdemeanor. Executive or closed meetings may be held for the sole purposes of: 1.Discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term, employee, does not include any independent contractor; 2.Discussing the expulsion, suspension, discipline, assignment of or the educational program of a student or the eligibility of a student to participate in interscholastic activities provided by the South Dakota High School Activities Association; 3.Consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters; 4.Preparing for contract negotiations or negotiating with employees or employee representatives; 5.Discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business; or 6.Discussing information listed in subdivisions 1-27-1.5(8) and 1-27-1.5(17). However, any official action concerning such matters shall be made at an open official meeting. An executive or closed meeting shall be held only upon a majority vote of the members of the public body present and voting, and discussion during the closed meeting is restricted to the purpose specified in the closure motion. Nothing in § 1-25-1 or this section prevents an executive or closed meeting if the federal or state Constitution or the federal or state statutes require or permit it. A violation of this section is a Class 2 misdemeanor. Source: SL 1965, ch 269; SL 1980, ch 24, § 10; SL 1987, ch 22, § 1; SL 2014, ch 90, § 2; SL 2019, ch 2, § 1. City of Brookings Printed on 4/24/2020Page 1 of 1 powered by Legistar™