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HomeMy WebLinkAbout2020_06_30 CC PKTCity Council City of Brookings Meeting Agenda Brookings City Council Brookings City & County Government Center 520 3rd St., Suite 230 Brookings, SD 57006 Phone: (605) 692-6281 Fax: (605) 692-6907 "We are an inclusive, diverse, connected community that fuels the creative class, embraces sustainability and pursues a complete lifestyle. We are committed to building a bright future through dedication, generosity and authenticity. Bring your dreams!" Council Chambers5:30 PMTuesday, June 30, 2020 The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse economic base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal management. 5:30 PM ELECTION CANVASS Canvass of the June 23, 2020 Combined Brookings Municipal / School Board Election Ballots (postponed April 14, 2020 Election). 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 20-0262 Action to approve the June 9, 2020 City Council minutes. 6/9/2020 MinutesAttachments: Page 1 City of Brookings June 30, 2020City Council Meeting Agenda 3.C.ID 20-0268 Action on appointment to the Brookings Committee for People who have Disabilities. 3.D.RES 20-062 Action on Resolution 20-062, a Resolution Canvassing the June 23, 2020 Combined Brookings Municipal / School Board Election Ballots (postponed April 14, 2020 Election). Resolution Election Canvass Vote Center 1 - Scanner Report Vote Center 1 - Recap Sheet Vote Center 1 - Voter List Vote Center 2 - Scanner Report Vote Center 2 - Recap Sheet Vote Center 2 - Voter List Vote Center 3 - Scanner Report Vote Center 3 - Recap Sheet Vote Center 3 - Voter List Vote Center 4 - Scanner Report Vote Center 4 - Recap Sheet Vote Center 4 - Voter List Absentee Vote Center - Scanner Report Absentee Vote Center - Recap Sheet Absentee Vote Center - Voter List Grand Total - Scanner Report Attachments: 4. Items removed from Consent Agenda. Action: Motion to Approve, Request Public Comment, Roll Call 5. Open Forum/Presentations/Reports: 5.A.ID 20-0288 Presentation of a Proclamation for Robert McGrath Day. ProclamationAttachments: 5.B.ID 20-0287 Update on Brookings Marketplace, LLC Agreement Memo Resolution 19-051 Original Agreement Attachments: 5.C. 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 Page 2 City of Brookings June 30, 2020City Council Meeting Agenda announcements or invitations will be allowed at this time. 6. Contracts/Change Orders: 6.A.RES 20-061 Action on Resolution 20-061, a Resolution awarding the Brookings City & County Government Center Custodial Services Contract. Memo Resolution Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 7. Ordinance First Readings: The title of the Ordinance is read. No vote is required on the first reading of an Ordinance. Public Comment and Council discussion is permitted. The date for the second reading is announced. 7.A.ORD 20-011 Introduction and First Reading on Ordinance 20-011, an Ordinance Rezoning the N 1/2 of the N 1/2 of the Southwest 1/4 in Section 34, Township 110 from Agricultural, A District to Residence R-1C Single-Family District, Residence R-1D Single-Family District, and Residence R-3 Apartment District (South of Summit Pass and east of West 16th Avenue South). Public Hearing: July 14, 2020. Memo Ordinance Planning Commission Notice Planning Commission Minutes 6/2/2020 Rezoning Aerial Map Rezoning Exhibit Future Plan Use Map - Comp Plan Attachments: 7.B.ORD 20-015 Introduction and First Reading on Ordinance 20-015, an Ordinance Authorizing Supplemental Appropriation No. 4 to the 2020 Budget. Second Reading: July 14, 2020. Memo Ordinance Attachments: 8. Public Hearings and Second Readings: 8.A.ID 20-0260 Public Hearing and Action on a Temporary Alcohol Application for the Brookings Volunteer Fire Association Street Dance to be held in the 300 Block of Main Ave. on July 25, 2020. Memo Legal Notice Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call Page 3 City of Brookings June 30, 2020City Council Meeting Agenda 8.B.ID 20-0261 Public Hearing and Action on a Temporary Alcohol Application for the Swiftel Center for the Jr. National Charolais Show on July 7-10, 2020 and the Jr. National Simmental Show on July 13-16, 2020. Memo Legal Notice Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 8.C.ORD 20-010 Discussion, Possible Action, and Second Reading on Ordinance 20-010, an Ordinance Amending Emergency Ordinance 20-007 to Address a Public Health Crisis and to Revise Certain Measures Which Have Been Deemed Necessary to Slow the Community Spread of Coronavirus (COVID-19). Memo Ordinance 6/30/2020 - Clean Ordinance 6/30/2020 - Marked Ordinance - 6/09/2020 Ordinance 20-007 - approved 2020.05.12 Attachments: Action: Motion to Approve, Request Public Comment, Roll Call Legislative History 6/9/20 City Council approved 6/9/20 City Council amended 6/9/20 City Council approved as amended 9. Other Business: 9.A.RES 20-060 Action on Resolution 20-060, a Resolution Accepting a Gift of a Centennial Clock from the Rotary Club of Brookings to the City of Brookings, South Dakota. Memo Resolution Bill of Sale Acceptance Agreement Map Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 9.B.RES 20-056 Action on Resolution 20-056, a Resolution Dissolving Tax Increment District #4 (Sieler Addition). Memo Resolution Map Attachments: Action: Motion to Approve, Request Public Comment, Roll Call Page 4 City of Brookings June 30, 2020City Council Meeting Agenda 9.C.RES 20-057 Action on Resolution 20-057, a Resolution Dissolving Tax Increment District #3 (Valley View Addition). Memo Resolution Map Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 9.D.ID 20-0283 Discussion and Possible Action to Authorize Encroachment Easement for 420 Main Avenue into the Public Right-of-Way. memo Resolution 20-017 Ordinance 74-32 Application Pictures of door locations Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 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 ID 20-0289 Executive Session, pursuant to SDCL 1-25-2, for preparing for contract negotiations or negotiating with employees or employee representatives. 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 5 City of Brookings City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 20-0262,Version:1 Action to approve the June 9, 2020 City Council minutes. Attachments: 6/09/2020 Minutes City of Brookings Printed on 6/26/2020Page 1 of 1 powered by Legistar™ Brookings City Council June 9, 2020 (unapproved) The Brookings City Council held a meeting on Tuesday, June 9, 2020 at 6:00 PM, at City Hall with the following City Council members present: Mayor Keith Corbett and Council Members Holly Tilton Byrne, Nick Wendell, Leah Brink, Patty Bacon, Dan Hansen, and Ope Niemeyer. City Attorney Steve Britzman, City Manager Paul Briseno, and City Clerk Bonnie Foster were also present. 5:00 PM SPECIAL MEETING Executive Session. A motion was made by Council Member Brink, seconded by Council Member Wendell, to enter into Executive Session at 5:02 p.m., pursuant to SDCL 1-25-2, for discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term, employee, does not include any independent contractor, with the City Council, City Attorney, and City Clerk present. 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 Brink, seconded by Council Member Bacon, to exit Executive Session at 5:55 p.m. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton Byrne . 6:00 PM REGULAR MEETING Consent Agenda: A motion was made by Council Member Niemeyer, seconded by Council Member Tilton Byrne, 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 May 26, 2020 City Council Minutes. 4.C. Action on appointments to City Boards, Committees and Commissions. Utility Board: appoint Spencer Hawley (term expires 5/1/2025); Sustainability Council: reappoint Anna Barr as the College Student Representative (term expires 5/1/2021); Human Rights Commission: appoint Dan Berg (term expires 1/1/2022). 4.D. Action on Resolution 20-054, a Resolution Authorizing the City Manager to Sign Documents for a CARES Act Grant for the Brookings Airport. Resolution 20-054 - A Resolution Authorizing the City Manager to Sign Documents for a CARES Act Grant for the Brookings Airport Whereas, the City of Brookings desires financial assistance due to the COVID-19 public health emergency; and Whereas, the Brookings Airport is eligible for funding under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) to assist the airport in addressing the COVID-19 public health emergency. Now Therefore, Be It Resolved that the Brookings City Manager is authorized to sign all related documents for the CARES Act Grant. 4.E. Action on Resolution 20-050, a Resolution declaring surplus property for the City of Brookings. Resolution 20-050 - Declaring Surplus Property Whereas, the City of Brookings is the owner of the following described equipment formerly used at the City of Brookings: Park & Recreation Dept.: House, located at 1615 22nd Ave. So., SW ¼ excluding H-4, Section 34-T110N-R49W (The house was used by a former Golf Course employee who has since retired. The house was offered to Habitat for Humanity, and they chose to not accept it. The house will be sold and moved off of the property.); 2008 Brush Bandit 250XP Chipper. Engineering Dept.: House, located at 659 Faculty Drive, Lot 17 of College Addition (The property located at 659 Faculty Drive was purchased as part of a Hazard Mitigation Grant through the Federal Emergency Management Agency (FEMA) for funding to purchase the property for the installation of storm sewer and reshaping the parcel to create added detention. The house and garage will be demolished. Habitat for Humanity will be allowed to salvage the reusable items in the home prior to demolition.). Fire Dept.: 2 ½ Ton Bumper Air Jack, Brookings City ID #9801; 2 ¼ Ton Hydraulic Floor Jack, Serial #49837 (does not work); Hydraulic Press Frame; Government Surplus Arc Welding Set; 5-inch NST Low Head Suction Strainer; 1996 FRHT FL70 Water Tender, Serial #1FYGHFAA0TL793661; 4 – 20” truck tires. Whereas, in the best financial interest, it is the desire of the City of Brookings to dispose of as surplus property; and Whereas, the City Manager is hereby authorized to sell or dispose of said surplus property. Now, Therefore, Be It Resolved by the governing body of the City of Brookings, SD, that this property be declared surplus property according to SDCL Chapter 6 -13. 4.F. Action on a request to abate property taxes from Broadacre Mobile Homes, #20, 120 2nd St. So., in the amount of $21.79, legal description: Weichsel Addition, except the W 235’; E 140’ of Outlot “A” except Lots 1-3; E 140’ of N 309.26’ of Outlot “B” in Roberts Second Addition (Parcel: 40999-000-01-020-00). 4.G. Action on Resolution 20-055, a Resolution designating additional Election Judges for the June 23, 2020 Combined Municipal / School Board Election (Postponed April 14, 2020 Election). Resolution 20-055 - Appointing Additional Election Judges for the June 23, 2020 Combined Municipal / School Board Election (Postponed April 14, 2020 Election) Whereas, a Combined City of Brookings Municipal / Brookings School Board Election will be held on June 23, 2020 for the positions of two 3 -year City Council members, and one School Board member; and Whereas, as required by SDCL 9-13-16.1, the City Council approved Resolution 20-039 on April 28, 2020 appointing election superintendents, judges and alternates, and set their rate of compensation; and Whereas, there have been some changes in election superintendents, judges, and alternates; and Whereas, the following superintendent, judge, and alternate were not appointed via Resolution 20-039, and are hereby appointed at a rate of $14.50 per hour for Superintendents, and $14.00 per hour for Judges: VOTE CENTER 2 – Sue Knutzen, Supt.; ABSENTEE PROCESSING – Barb Meyer, Judge; ALTERNATE – Tim Reed, Judge. Open Forum. Jake Meshke, Assistant City Manager, shared with the City Council and members of the public the new electric car charging station is operational. It is located in the South parking lot of the City & County Government Center. Matt Schmidt, 1903 Windermere Way, thanked the City Council for all the work they have done this year. Brad Walker voiced concerns regarding the Justice for Black Lives - Brookings and if they violated the City's Ordinance 20-007 regarding public gatherings. FIRST READING – Ordinance 20-010. A motion was made by Council Member Niemeyer, seconded by Council Member Tilton Byrne, that the first reading on Ordinance 20-010, an Ordinance Amending Emergency Ordinance 20-007 to Address a Public Health Crisis and to Revise Certain Measures Which Have Been Deemed Necessary to Slow the Community Spread of Coronavirus (COVID-19), be approved. Public Comment: Steve Timmerman, Rick Hieb, Bill Alsaker, and Brad Walker. A motion was made by Council Member Brink, seconded by Council Member Hansen, to Amend Ordinance 20-010 by changing “requirements” to “guidelines”, replacing the word “shall” with “should” when it appears, and removing the penalty clause. Second Reading to be held on June 30th. The motion carried by the following vote: Yes: 4 - Corbett, Niemeyer, Hansen, and Brink; No: 3 - Bacon, Wendell, and Tilton Byrne. On the original motion, as amended, the motion carried by the following vote: Yes: 4 - Corbett, Niemeyer, Hansen, and Brink; No: 3 - Bacon, Wendell, and Tilton Byrne. Ordinance 20-008. A public hearing was held on Ordinance 20-008, an Ordinance to Rezone Block 21 & 22 of Timberline Addition, in the East 1,635’ of the North ½ of the Northwest ¼ Except Clites Addition and Except the East 264’ thereof in Section 34, Township 110 North, Range 50 West of the 5th P.M., Brookings County, South Dakota from Agricultural A District to a Residence R-1C Single-Family District (Generally located North of Steamboat Trail and South of 8th Street South). A motion was made by Council Member Niemeyer, seconded by Council Member Brink, that Ordinance 20-008 be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton Byrne. Ordinance 20-009. A public hearing was held on Ordinance 20-009, an Ordinance on an Amendment to the Subdivision Regulations. A motion was made by Council Member Niemeyer, seconded by Council Member Brink, that Ordinance 20-009 be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Brink, Bacon, and Wendell; No: 1 - Tilton Byrne. Resolution 20-052. A public hearing was held on Resolution 20-052, a Resolution Determining the Necessity of Repairing or Installing Sidewalks in the City of Brookings at the Expense of abutting property owners (2020 -01SWR Concrete Maintenance Project). A motion was made by Council Member Brink, second ed by Council Member Tilton Byrne, that Resolution 20-052 be approved. The motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Brink, Bacon, Wendell, and Tilton Byrne ; Abstain: 1 – Hansen. Resolution 20-052 - Resolution Determining the Necessity of Repairing or Installing Sidewalks in the City of Brookings at the Expense of Abutting Property Owners; 2020-01SWR Concrete Maintenance Project Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows: 1. It is hereby determined that sidewalk repairs or installation is necessary abutting the parcels and lots of land in the City described in the Notice to Property Owners attached to this Resolution and marked as 2020-01SWR Concrete Maintenance Project. 2. Such sidewalks shall be installed to the width and of the materials prescribed by Chapter 74, “Streets, Sidewalks and other Public Places” and Article V. “Sidewalks”, and to the grade and in accordance with the Plans and Specifications prepared in the office of the City Engineer. 3. The method of apportionment of benefits is as follows: Such assessments, unless paid within thirty (30) days after the date of mailing of a statement of account by the City, shall be collected by the City in accordance with the procedure for Plan One in Section 9-43-102, South Dakota Compiled Laws of 1967, as amended, with interest of 10% on the unpaid balance. Assessments amounting to less than $300.00 shall be paid in one payment. 4. The City has caused a copy of the Resolution and a Notice to Property Owners to be mailed to each property owner by certified mail. Executive Session. A motion was made by Council Member Brink, seconded by Council Member Bacon, to enter into Executive Session at 6:39 p.m., pursuant to SDCL 1-25-2, for discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term, employee, does not include any independent contractor, with the City Council and City Manager present. 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 Brink, seconded by Council Member Niemeyer, to exit Executive Session at 6:50 p.m. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton Byrne. City Manager 2020 Contract. A motion was made by Council Member Brink, seconded by Council Member Wendell, that the 2020 City Manager Compensation Package be approved. 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 Brink, seconded by Council Member Hanson, that this meeting be adjourned at 6:58 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 20-0268,Version:1 Action on appointment to the Brookings Committee for People who have Disabilities. Summary: Mayor Keith Corbett has submitted the following appointment recommendation for City Council advice and consent: Brookings Committee for People who have Disabilities Positions:1 (College Student Representative) Term Length:1 year (term expires 5/1/2021) Residency Requirement:not required Purpose: The Brookings Committee for People who have Disabilities strives to advocate for the rights of people who have disabilities in our community. Throughout the year, specific events are held to bring awareness and information to our citizens. Technical assistance is provided to the business community, private individuals, governmental entities and nonprofit organizations. The goals of this service are to improve the quality of life for people who have disabilities through enhancing the knowledge base of entities in the community; and to further serve as a community- based advocacy group enhancing the ability of local entities to comply with Federal Civil Rights Legislation. Mayor’s Recommendation: 1.Appoint Kaylee Bolton Recommendation: Staff recommends approval. City of Brookings Printed on 6/26/2020Page 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 20-062,Version:1 Action on Resolution 20-062, a Resolution Canvassing the June 23, 2020 Combined Brookings Municipal / School Board Election Ballots (postponed April 14, 2020 Election). Summary: The Brookings City Council will conduct the official canvass of the June 23, 2020 Combined Brookings Municipal / School Board Election. Enclosed are the canvassing documents for the June 23, 2020 Combined Election. As the official Election Canvass Board, the City Council is charged with the following responsibilities: 1.Review the vote center returns to verify they are genuine and not forged. 2.Review and compare each vote center return with the corresponding E-pollbook voter list, and election judges’ “recap” sheet 3.Approve Resolution 20-062, canvassing and tabulating the June 23, 2020 Combined Brookings Municipal / School Board Election returns and declare the final election results. 4.Sign and approve the official Canvass Sheet. Attachments: Resolution Canvass Sheet Vote Center 1 - Scanner Report Vote Center 1 - Recap Sheet Vote Center 1 - Voter List Vote Center 2 - Scanner Report Vote Center 2 - Recap Sheet Vote Center 2 - Voter List Vote Center 3 - Scanner Report Vote Center 3 - Recap Sheet Vote Center 3 - Voter List Vote Center 4 - Scanner Report Vote Center 4 - Recap Sheet Vote Center 4 - Voter List Vote Center Absentee - Scanner Report Vote Center Absentee - Recap Sheet Vote Center Absentee - Voter List Grand Total - Scanner Report City of Brookings Printed on 6/29/2020Page 1 of 1 powered by Legistar™ Resolution 20-062 Canvassing the June 23, 2020 Municipal Election (postponed April 14, 2020 Election) Whereas, on the 23rd day of June, 2020, there was held in the City of Brookings, South Dakota, an election for the purpose of electing two City Council Members (3-Year Terms); and Whereas, the judges and clerks of said election have returned to the City Council of the City of Brookings the official results for the purpose of the Official Canvass; and Whereas, the City Council on June 30, 2020 has canvassed the results for the purpose of determining the official election outcome; and Now, Therefore, Be It Resolved by the City Council of the City of Brookings, South Dakota that the official vote at the City Election held June 23, 2020 was as follows: Dated at Brookings, South Dakota, this 30th day of June, 2020. CITY OF BROOKINGS ATTEST: Keith W. Corbett, Mayor Bonnie Foster, City Clerk City Council 3-Year Term (2) Joey Collins Oepke “Ope” Niemeyer Cassie Juba Total Ballots Cast Total Votes Cast Vote Center 1 70 93 104 172 267 Vote Center 2 113 128 90 205 331 Vote Center 3 20 39 29 63 88 Vote Center 4 0 0 0 15 0 Absentee 1,058 1,328 819 2,168 3,205 Provisional Ballot 0 0 0 0 0 TOTAL 1,261 1,588 1,042 2,623 3,891 Name of Voter Polling Place Bartley, Bobbe C 1-11 Holy Life Tabernacle Baszler, Ashley Marie 1-11 Holy Life Tabernacle Bjerke, Ronald C 1-11 Holy Life Tabernacle Bjerke, Wilma 1-11 Holy Life Tabernacle Bretsch, Joy R 1-11 Holy Life Tabernacle Campbell, Katie C 1-11 Holy Life Tabernacle Caugherty, Janean A 1-11 Holy Life Tabernacle Clark, David G 1-11 Holy Life Tabernacle Delaney, Tristan Lloyd 1-11 Holy Life Tabernacle Engebretson, Amie Marie 1-11 Holy Life Tabernacle Engebretson, Travis Martin 1-11 Holy Life Tabernacle Foster, Hillari A M 1-11 Holy Life Tabernacle Gerjets, Constance E 1-11 Holy Life Tabernacle GREINER, JODELLE JOAN 1-11 Holy Life Tabernacle Hansen, Roger E 1-11 Holy Life Tabernacle Hanson, Jesse T 1-11 Holy Life Tabernacle Hart, Carolyne La Grange 1-11 Holy Life Tabernacle Hart, Dennis Elwood 1-11 Holy Life Tabernacle Herrboldt, James E 1-11 Holy Life Tabernacle Holbeck, Christi L 1-11 Holy Life Tabernacle Holbeck, Michael S 1-11 Holy Life Tabernacle Hove, Jason Michael 1-11 Holy Life Tabernacle Hutchins, Gloria A 1-11 Holy Life Tabernacle Huyck, Jessica Dorthea 1-11 Holy Life Tabernacle Huyck, Joshua CW 1-11 Holy Life Tabernacle Johnson, Jennifer Joy 1-11 Holy Life Tabernacle Kelley, Van Clifton 1-11 Holy Life Tabernacle Kern, Cory E 1-11 Holy Life Tabernacle 6/24/2020 6:34:26 PM Page: 1 Kern, Kristen S 1-11 Holy Life Tabernacle Klingbile, Lacey Dawn 1-11 Holy Life Tabernacle Lavender-Stott, Erin Suzanne 1-11 Holy Life Tabernacle Lefers, Olivia Bernhardt 1-11 Holy Life Tabernacle Longieliere, Darwin G 1-11 Holy Life Tabernacle Longtin, Lauren E 1-11 Holy Life Tabernacle Martin, Laura L 1-11 Holy Life Tabernacle Mix, Wanda R 1-11 Holy Life Tabernacle Mohs, Lori Renee 1-11 Holy Life Tabernacle NIELSEN, G HOWARD 1-11 Holy Life Tabernacle Nielsen, Norma Mae 1-11 Holy Life Tabernacle Quam, Benjamin Lee 1-11 Holy Life Tabernacle Reiser, Colene A 1-11 Holy Life Tabernacle Ronning, Teresa A 1-11 Holy Life Tabernacle Schaefer, Debra R 1-11 Holy Life Tabernacle Schamp, Linda S 1-11 Holy Life Tabernacle Schmidt, Robert C 1-11 Holy Life Tabernacle Scholten, Lisa A 1-11 Holy Life Tabernacle Scholten, William M 1-11 Holy Life Tabernacle Schwarz, Laura Mae 1-11 Holy Life Tabernacle Scott, Joyce M 1-11 Holy Life Tabernacle Stange, Janet S 1-11 Holy Life Tabernacle Stange, Kenneth W 1-11 Holy Life Tabernacle Thompson, Michael S 1-11 Holy Life Tabernacle Timmerman, Melanie L 1-11 Holy Life Tabernacle Walker, Bradley Vance 1-11 Holy Life Tabernacle Walker, Dawn 1-11 Holy Life Tabernacle Weber, Michael H 1-11 Holy Life Tabernacle 6/24/2020 6:34:26 PM Page: 1 Werpy, Jena Marie 1-11 Holy Life Tabernacle Westlund, Kari A 1-11 Holy Life Tabernacle Zwart, Heather Renee 1-11 Holy Life Tabernacle Zwart, Jordan Robert 1-11 Holy Life Tabernacle TOTAL 60 voters 6/24/2020 6:34:26 PM Page: 1 Name of Voter Polling Place Beckwith, Eugene D 1-4 Aurora Little Hall Foster, Bonnie L 1-4 Aurora Little Hall Foster, Joel C 1-4 Aurora Little Hall Geise, Jonathon A 1-4 Aurora Little Hall Gilkerson, James 1-4 Aurora Little Hall Haag, Lowell W 1-4 Aurora Little Hall Nelson, Dana K 1-4 Aurora Little Hall O'Connell, Lucinda A 1-4 Aurora Little Hall Olson, Mike G 1-4 Aurora Little Hall Olson, Wendy K 1-4 Aurora Little Hall Pike, Gloria J 1-4 Aurora Little Hall Schamp, Todd A 1-4 Aurora Little Hall Schuttloffel, David Lee 1-4 Aurora Little Hall Willert, Klint Walter 1-4 Aurora Little Hall TOTAL 14 voters 6/24/2020 6:34:26 PM Page: 1 Official Canvass Sheet June 23, 2020 – Municipal Election (postponed April 14, 2020 Election) City of Brookings, South Dakota Dated at Brookings, South Dakota, this 30th day of June, 2020. STATE OF SOUTH DAKOTA ) ) SS COUNTY OF BROOKINGS ) We, Keith Corbett, Dan Hansen, Patty Bacon, Oepke Niemeyer, Leah Brink, Holly Tilton Byrne, and Nick Wendell appointed as the Board of Canvassers because of our pos itions on the governing board in the jurisdiction of the City of Brookings for the Municipal Election held on the 23rd day of June, 2020, hereby certify that the foregoing is a true abstract of the votes cast in the jurisdiction of Brookings at the election as shown by the returns certified to the person in charge of the election. Keith W. Corbett Leah Brink Holly Tilton Byrne Dan Hansen Patty Bacon Oepke Niemeyer Sworn to before me this 30th day of June, 2020. Nick Wendell Bonnie Foster, City Clerk City Council 3-Year Term (2) Joey Collins Oepke “Ope” Niemeyer Cassie Juba Total Ballots Cast Total Votes Cast Vote Center 1 70 93 104 172 267 Vote Center 2 113 128 90 205 331 Vote Center 3 20 39 29 63 88 Vote Center 4 0 0 0 15 0 Absentee 1,058 1,328 819 2,168 3,205 Provisional Ballot 0 0 0 0 0 TOTAL 1,261 1,588 1,042 2,623 3,891 Name of Voter Polling Place Ahlers, Brian J 1-1 Brookings Activity Center Alfson, Troy Marlyn 1-1 Brookings Activity Center Beasley, Anette Marie 1-1 Brookings Activity Center Behl, Diana M 1-1 Brookings Activity Center Bennis, Charles Robert 1-1 Brookings Activity Center Bennis, Larissa Yvonne 1-1 Brookings Activity Center Benson, Gerry L 1-1 Brookings Activity Center Binkley, Steve T 1-1 Brookings Activity Center Boesch, Cynthia J 1-1 Brookings Activity Center Boesch, Duayne F 1-1 Brookings Activity Center Books, Keli Lynn 1-1 Brookings Activity Center Books, Peter J 1-1 Brookings Activity Center Braun, Ryan Richard 1-1 Brookings Activity Center Briseno, Heidi Michelle 1-1 Brookings Activity Center Britzman, Katelyn Jayne 1-1 Brookings Activity Center Burke, Edward M 1-1 Brookings Activity Center Butler, Eugene T 1-1 Brookings Activity Center Byrne, Timothy E 1-1 Brookings Activity Center Carlile, Andrea Marie 1-1 Brookings Activity Center Castano, Dora M 1-1 Brookings Activity Center Chromey, Kelli Jean 1-1 Brookings Activity Center Colbeck, Mardell M 1-1 Brookings Activity Center Condelli, Nathaniel Lee 1-1 Brookings Activity Center Conners, Jennifer A 1-1 Brookings Activity Center Coull, Kelly James 1-1 Brookings Activity Center Dailey, Wendy Rae Hansen 1-1 Brookings Activity Center Dejong, Darren J 1-1 Brookings Activity Center Doran, Brianna Tyller 1-1 Brookings Activity Center 6/24/2020 6:34:26 PM Page: 1 Dorn, Sarah L 1-1 Brookings Activity Center Drawdy, Erika Mae 1-1 Brookings Activity Center Drawdy, Richard Allen 1-1 Brookings Activity Center Dudash Fenster, Michele R 1-1 Brookings Activity Center Dusharm, Carol J 1-1 Brookings Activity Center Eberline, Katherine A 1-1 Brookings Activity Center Egeberg, Aaron D 1-1 Brookings Activity Center Eining, Nikki Lee 1-1 Brookings Activity Center Evenson, Caleb Alan 1-1 Brookings Activity Center Falken, Dennis A 1-1 Brookings Activity Center Falken, Judy A 1-1 Brookings Activity Center Farber, Alexandra Grace 1-1 Brookings Activity Center Fenster, Charles B 1-1 Brookings Activity Center FENSTER, KATHRYN ANNE DUDASH 1-1 Brookings Activity Center Fier, Jill Maureen 1-1 Brookings Activity Center Fishback, Patricia S 1-1 Brookings Activity Center Fishback, Robert E 1-1 Brookings Activity Center Garry, Drew G 1-1 Brookings Activity Center GARRY, PAMELA ANN 1-1 Brookings Activity Center Gehring, Susan R 1-1 Brookings Activity Center Gladis, Spencer Kelly 1-1 Brookings Activity Center Gonzalez Hernandez, Jose Luis 1-1 Brookings Activity Center Gordon, Amber Lynn 1-1 Brookings Activity Center Green, Marci J 1-1 Brookings Activity Center Haaseth, Kevin V 1-1 Brookings Activity Center Heemstra, Holly Ann 1-1 Brookings Activity Center HEEMSTRA, MARCUS SCOTT 1-1 Brookings Activity Center Hesler, Louis S 1-1 Brookings Activity Center 6/24/2020 6:34:26 PM Page: 1 Hoekman, Anthony M 1-1 Brookings Activity Center Holleman, Kathleen E 1-1 Brookings Activity Center Howell, Emily Lindsey 1-1 Brookings Activity Center Huntimer, Jarrod Dale 1-1 Brookings Activity Center Ishol, Dorothy E 1-1 Brookings Activity Center Iverson, Angie Patricia 1-1 Brookings Activity Center Iverson, John W 1-1 Brookings Activity Center Jonas, Tracy A 1-1 Brookings Activity Center Jones, David G 1-1 Brookings Activity Center JORENBY, HOWARD LYLE 1-1 Brookings Activity Center Juba, Adam J 1-1 Brookings Activity Center Juba, Cassandra Lynn 1-1 Brookings Activity Center Karen, Judy L 1-1 Brookings Activity Center Kasdorf, Darcy Lynn 1-1 Brookings Activity Center Kasdorf, Jason Lee 1-1 Brookings Activity Center Kees, Mary A 1-1 Brookings Activity Center Klug, Gregory A 1-1 Brookings Activity Center Klug, Sara J 1-1 Brookings Activity Center Koolmo, Camille L 1-1 Brookings Activity Center Kosten, Andrew J.1-1 Brookings Activity Center Kott, Douglas E 1-1 Brookings Activity Center Kramer, Kelsey Lynn 1-1 Brookings Activity Center Kruse, Lisa L 1-1 Brookings Activity Center Ksiazek, Alex John 1-1 Brookings Activity Center Kubal, Bernice A 1-1 Brookings Activity Center Kuechenmeister, Darlene M 1-1 Brookings Activity Center Larkin, Harlan R 1-1 Brookings Activity Center Larkin, June M 1-1 Brookings Activity Center 6/24/2020 6:34:26 PM Page: 1 Lauer, Amanda L 1-1 Brookings Activity Center Lee, Jesse Thorne 1-1 Brookings Activity Center Lee, Lindsey L 1-1 Brookings Activity Center Leschewski, Andrea Marie 1-1 Brookings Activity Center Linn, Norma A 1-1 Brookings Activity Center Lippert, Sarah Jean 1-1 Brookings Activity Center Littlecott, Laura H 1-1 Brookings Activity Center Littlecott, Marc Curtis 1-1 Brookings Activity Center Loiseau, Keri B 1-1 Brookings Activity Center Longino, Josh P 1-1 Brookings Activity Center Mansheim, Kirk A 1-1 Brookings Activity Center Mcelhany, Kyle M 1-1 Brookings Activity Center McKeown, Rea J 1-1 Brookings Activity Center McKeown, Rick E 1-1 Brookings Activity Center Mckeown, Taylor Patrick 1-1 Brookings Activity Center Mckinney, Mary Newman 1-1 Brookings Activity Center Mettenbrink, James C 1-1 Brookings Activity Center Mitchell, David R 1-1 Brookings Activity Center Mitzel, Angela Sofia 1-1 Brookings Activity Center Mizera, Marcie L 1-1 Brookings Activity Center Mogard, Michael J 1-1 Brookings Activity Center Mohror, Marnel C 1-1 Brookings Activity Center Nase, Ricky A 1-1 Brookings Activity Center Nelson, Muriel E 1-1 Brookings Activity Center Neuman, Steven A 1-1 Brookings Activity Center Newman, Gary D 1-1 Brookings Activity Center Osborne, Kurt L 1-1 Brookings Activity Center Page, Jessica L 1-1 Brookings Activity Center 6/24/2020 6:34:26 PM Page: 1 Pahl, Colleen K 1-1 Brookings Activity Center Pallares, Elizabeth A 1-1 Brookings Activity Center Park, Ashley Maree 1-1 Brookings Activity Center Park, Dan 1-1 Brookings Activity Center Peterson, Shawn M 1-1 Brookings Activity Center Prussman, Lyle E 1-1 Brookings Activity Center Prussman, Myron R 1-1 Brookings Activity Center Ragsdale, Chalon A 1-1 Brookings Activity Center Rettedal, Rebbecca Ann 1-1 Brookings Activity Center Rezek, Gary D 1-1 Brookings Activity Center Richard, Kacie Kristen 1-1 Brookings Activity Center Risseeuw, Austin Robert 1-1 Brookings Activity Center Roe, Jay W 1-1 Brookings Activity Center Roe, Rachel Gue 1-1 Brookings Activity Center Runge, Jared Robert 1-1 Brookings Activity Center Runge, Jody L 1-1 Brookings Activity Center Saboe-Wounded Head, Lorna Marie 1-1 Brookings Activity Center Sayler, Seth Rorry 1-1 Brookings Activity Center Schaefer, Rodney J 1-1 Brookings Activity Center Shane, Eileen K 1-1 Brookings Activity Center Shane, Richard C 1-1 Brookings Activity Center Smith, Kevin D 1-1 Brookings Activity Center Smith, Sarah J 1-1 Brookings Activity Center Snodgrass, Louise Kaylea 1-1 Brookings Activity Center Sogn, Andrew Jon 1-1 Brookings Activity Center Solum, Roger Dean 1-1 Brookings Activity Center Spitzenberger, Ann C 1-1 Brookings Activity Center Sprenger, Carol A 1-1 Brookings Activity Center 6/24/2020 6:34:26 PM Page: 1 Springer, Alicia Mae 1-1 Brookings Activity Center Steen, John D 1-1 Brookings Activity Center Steen, Peggy J 1-1 Brookings Activity Center Stewart, Christine Elizabeth 1-1 Brookings Activity Center Struck, Donald J 1-1 Brookings Activity Center Struck, Donna E 1-1 Brookings Activity Center Sullivan, Brennan J 1-1 Brookings Activity Center Sullivan, Lorraine J 1-1 Brookings Activity Center Sutton-Butler, Fedora 1-1 Brookings Activity Center Thompson, Harrison C 1-1 Brookings Activity Center Ting, Francis Ck 1-1 Brookings Activity Center Tschetter, Joseph W 1-1 Brookings Activity Center Vanbeek, Stacey A 1-1 Brookings Activity Center Von Fischer, Mari Lee 1-1 Brookings Activity Center Walberg, Marjorie L 1-1 Brookings Activity Center Walker, Kaitlyn Marie 1-1 Brookings Activity Center Weatherly, Eric Cole 1-1 Brookings Activity Center Weber, Brandy Nichole 1-1 Brookings Activity Center Weber, Sean V 1-1 Brookings Activity Center Wendell, Kelly K 1-1 Brookings Activity Center Wendell, Nicholas William 1-1 Brookings Activity Center Westwick, Joshua N 1-1 Brookings Activity Center Widman, Jennifer L 1-1 Brookings Activity Center Widman, Richard P 1-1 Brookings Activity Center Wieland, Patricia K 1-1 Brookings Activity Center Zielinski, Brian Andrew 1-1 Brookings Activity Center TOTAL 166 voters 6/24/2020 6:34:26 PM Page: 1 Name of Voter Polling Place Almos, Riley C 1-2 Bethel Baptist Church Anawski, Kelli Kaye 1-2 Bethel Baptist Church Anawski, Mark D 1-2 Bethel Baptist Church Anderegg, Sharon F 1-2 Bethel Baptist Church Anderson, Troy Lee 1-2 Bethel Baptist Church Andrews, Jessica L 1-2 Bethel Baptist Church APLAND, ISABELLE MALINDA 1-2 Bethel Baptist Church Barber, Rebecca Ann 1-2 Bethel Baptist Church Beach, Elaine Dorothy 1-2 Bethel Baptist Church Bebensee, Luanne J 1-2 Bethel Baptist Church Bell, Daniel J 1-2 Bethel Baptist Church Bell, Julie Gullickson 1-2 Bethel Baptist Church Bell, Pamela K 1-2 Bethel Baptist Church Berkland, Dale Leroy 1-2 Bethel Baptist Church Binker, Nicole M 1-2 Bethel Baptist Church Binker, Sean P 1-2 Bethel Baptist Church Bischoff, Jill S 1-2 Bethel Baptist Church Bischoff, Marilynn M 1-2 Bethel Baptist Church Blume, Jean M 1-2 Bethel Baptist Church Bohlen, Nancy A 1-2 Bethel Baptist Church Bolzer, Peter L 1-2 Bethel Baptist Church Bordewyk, David C 1-2 Bethel Baptist Church Bortnem, Deborah L 1-2 Bethel Baptist Church Bortnem, Gordon L 1-2 Bethel Baptist Church Bortnem, Keith R 1-2 Bethel Baptist Church Bortnem, Kermit L 1-2 Bethel Baptist Church Bortnem, Penny L 1-2 Bethel Baptist Church Bortnem, Sharon M 1-2 Bethel Baptist Church 6/24/2020 6:34:26 PM Page: 1 Bozied, Thomas J 1-2 Bethel Baptist Church Braun, Emily Tate 1-2 Bethel Baptist Church Brink, Catherine R 1-2 Bethel Baptist Church Brown, Sara J 1-2 Bethel Baptist Church Bullington, Tamara L 1-2 Bethel Baptist Church Burke, Donna L 1-2 Bethel Baptist Church Burke, Robert Simpson 1-2 Bethel Baptist Church Burns, Karen K 1-2 Bethel Baptist Church Christianson, Denise R 1-2 Bethel Baptist Church Christianson, Robert Alan 1-2 Bethel Baptist Church Colbeck, Loren V 1-2 Bethel Baptist Church Conrad, Kelly G 1-2 Bethel Baptist Church Conrad, Teresa E 1-2 Bethel Baptist Church Cook, Calvin L 1-2 Bethel Baptist Church COON, HEATHER RUTH 1-2 Bethel Baptist Church Coon, Tate Jackson 1-2 Bethel Baptist Church Coon, Terry Lee 1-2 Bethel Baptist Church Coudron, Virginia A 1-2 Bethel Baptist Church Cramer, Kyleigh J 1-2 Bethel Baptist Church Creswell, Vicki Ann 1-2 Bethel Baptist Church Day, Joshua Allen R 1-2 Bethel Baptist Church Doss, Nissa Dawn 1-2 Bethel Baptist Church Doss, Robert Wayne 1-2 Bethel Baptist Church Eggebraaten, Mary Lou 1-2 Bethel Baptist Church Eggebraaten, Theodore Victor 1-2 Bethel Baptist Church Eide, Tiffany M 1-2 Bethel Baptist Church Engbrecht, Christopher Lee 1-2 Bethel Baptist Church Engbrecht, Rachelle R 1-2 Bethel Baptist Church 6/24/2020 6:34:26 PM Page: 1 Engstrom, Erling L 1-2 Bethel Baptist Church Evans Hullinger, Kelly Marie 1-2 Bethel Baptist Church Falken, Catherine Maria 1-2 Bethel Baptist Church Fickbohm, Dustin C 1-2 Bethel Baptist Church Fickbohm, Nicholas J 1-2 Bethel Baptist Church Fitzpatrick, Daniel J 1-2 Bethel Baptist Church Fitzpatrick, Maria L 1-2 Bethel Baptist Church Flammond, David J 1-2 Bethel Baptist Church Flammond, Gail J 1-2 Bethel Baptist Church Foerster, Becka Joy 1-2 Bethel Baptist Church Foerster, Danny James 1-2 Bethel Baptist Church FRERICKS, TERRI LYNN 1-2 Bethel Baptist Church Fuller Bordewyk, Sherry Lee 1-2 Bethel Baptist Church Gerjets, Laura J 1-2 Bethel Baptist Church Gonda, Michael G 1-2 Bethel Baptist Church GONDA, TIFFANY DAWN 1-2 Bethel Baptist Church Grendler, Jenny L 1-2 Bethel Baptist Church Gruenhagen, Christopher W 1-2 Bethel Baptist Church GRUENHAGEN, LAUREN ANNE 1-2 Bethel Baptist Church Hahn, Emily E 1-2 Bethel Baptist Church Hahn, Lincoln James 1-2 Bethel Baptist Church Hansen, Daniel James 1-2 Bethel Baptist Church Hansen, Jessica Lynn 1-2 Bethel Baptist Church Hardin, William L D 1-2 Bethel Baptist Church Harper, Ruth E 1-2 Bethel Baptist Church Haugan, Johanna Kay 1-2 Bethel Baptist Church Haugan, Kathy Jo 1-2 Bethel Baptist Church Hegerfeld, Ann Elizabeth 1-2 Bethel Baptist Church 6/24/2020 6:34:26 PM Page: 1 Hofer, Lisa M 1-2 Bethel Baptist Church Hoff, Dianne F 1-2 Bethel Baptist Church Hogie, Darrylin D 1-2 Bethel Baptist Church Howard, Sally R 1-2 Bethel Baptist Church Huff, Reggie D 1-2 Bethel Baptist Church Husman, Mary L 1-2 Bethel Baptist Church Hybbert, Adam J 1-2 Bethel Baptist Church Jastram, Jerry D 1-2 Bethel Baptist Church Jastram, Karen Evon 1-2 Bethel Baptist Church Jenner, Timothy A 1-2 Bethel Baptist Church Jensen, Randy A 1-2 Bethel Baptist Church Jensen, Shelly Marie 1-2 Bethel Baptist Church Johnson, Jacqueline A 1-2 Bethel Baptist Church Johnson, John David 1-2 Bethel Baptist Church Johnson, Judy K 1-2 Bethel Baptist Church Johnson, Shirley A 1-2 Bethel Baptist Church Jordan, Peggy A 1-2 Bethel Baptist Church Karolczak, Kim M 1-2 Bethel Baptist Church Kelley, Susan M 1-2 Bethel Baptist Church Kinder, Keith L 1-2 Bethel Baptist Church Klingbile, Brian Allen 1-2 Bethel Baptist Church Kuechenmeister, Jessica Kaye 1-2 Bethel Baptist Church Kuehl, Sara L 1-2 Bethel Baptist Church Kuehl, Shane M 1-2 Bethel Baptist Church Kuehl-Hybbert, Rebecca A 1-2 Bethel Baptist Church Kurtenbach, Frank J 1-2 Bethel Baptist Church Lacher, Stephanie Jean 1-2 Bethel Baptist Church Lacher-Starace, Jennifer E 1-2 Bethel Baptist Church 6/24/2020 6:34:26 PM Page: 1 L'Amour, Andrew P 1-2 Bethel Baptist Church Larsen, Jay A 1-2 Bethel Baptist Church Larsen, Kathleen J 1-2 Bethel Baptist Church Larson, David B 1-2 Bethel Baptist Church Lau, Jamielee Marie 1-2 Bethel Baptist Church Lau, Zachary Arthur 1-2 Bethel Baptist Church Lippert, Tyler James 1-2 Bethel Baptist Church Maca, Martin N 1-2 Bethel Baptist Church Maca, Sally J 1-2 Bethel Baptist Church Maffett, Gary P 1-2 Bethel Baptist Church Martin, Adam Tyler 1-2 Bethel Baptist Church Maynes, John L 1-2 Bethel Baptist Church Mcclemans-Novak, Elizabeth A 1-2 Bethel Baptist Church Mclagan, Donna 1-2 Bethel Baptist Church Mcmacken, Scott A 1-2 Bethel Baptist Church Meeder, Jacqueline A 1-2 Bethel Baptist Church Meeder, Orville Gary 1-2 Bethel Baptist Church Mennis, Betty Ruth 1-2 Bethel Baptist Church Meyer, Barbara D 1-2 Bethel Baptist Church Miller, Douglas J 1-2 Bethel Baptist Church Miller, Margaret Elise 1-2 Bethel Baptist Church Miller, Mary H 1-2 Bethel Baptist Church Miller, Zoe A 1-2 Bethel Baptist Church Moore, Sandra E 1-2 Bethel Baptist Church Mudder, Lynda R 1-2 Bethel Baptist Church Nelson, Dale D 1-2 Bethel Baptist Church Nussbaum, David E 1-2 Bethel Baptist Church Oorlog, Carrie L C 1-2 Bethel Baptist Church 6/24/2020 6:34:26 PM Page: 1 Paula, Steven E 1-2 Bethel Baptist Church Pederson, Julie A 1-2 Bethel Baptist Church Peper, Amber J 1-2 Bethel Baptist Church Peper, Tyler Donald 1-2 Bethel Baptist Church Perry, Margaret Ann 1-2 Bethel Baptist Church Perry, Ronald N 1-2 Bethel Baptist Church Peterson, Meghan M 1-2 Bethel Baptist Church Peterson, Raymond L 1-2 Bethel Baptist Church Pollmann, Robert J 1-2 Bethel Baptist Church Ponto, Lori Kay 1-2 Bethel Baptist Church Powers, Patrick D 1-2 Bethel Baptist Church Psyk, Stacie Louise 1-2 Bethel Baptist Church Rauber, Joel D 1-2 Bethel Baptist Church Richards, Libbey L 1-2 Bethel Baptist Church Robertson, Joshua Curt 1-2 Bethel Baptist Church Runge, William R 1-2 Bethel Baptist Church Rusten, Sandra R 1-2 Bethel Baptist Church Rynearson, Ruth I 1-2 Bethel Baptist Church Schaefer, Kyle J 1-2 Bethel Baptist Church Schaefer, Rachel Ruth 1-2 Bethel Baptist Church Schaffer, Nicole N 1-2 Bethel Baptist Church Schmidt, Andrea Renee 1-2 Bethel Baptist Church Schmidt, Bradley Joseph 1-2 Bethel Baptist Church Schmidt, Kristen Lee 1-2 Bethel Baptist Church Schmidt, Matthew Lynn 1-2 Bethel Baptist Church Schmit, Christopher G 1-2 Bethel Baptist Church Schneider, Jonathan Robert 1-2 Bethel Baptist Church Schultz, Heidi M 1-2 Bethel Baptist Church 6/24/2020 6:34:26 PM Page: 1 Seas, Roger A 1-2 Bethel Baptist Church Smith, Susan Jane 1-2 Bethel Baptist Church Strande, Russell E 1-2 Bethel Baptist Church Struck, Emily I 1-2 Bethel Baptist Church Swanson, Robert S 1-2 Bethel Baptist Church Swier, Laura May 1-2 Bethel Baptist Church Taylor, John W 1-2 Bethel Baptist Church Timmerman, Steven Jon 1-2 Bethel Baptist Church Trenhaile, Jay Dean 1-2 Bethel Baptist Church Tritle, Erika J J 1-2 Bethel Baptist Church Tritle, Nathan R 1-2 Bethel Baptist Church Van Gerpen, Jeffrey L 1-2 Bethel Baptist Church Vlaminck, Travis Allen 1-2 Bethel Baptist Church Weible, Gretchen Dawn 1-2 Bethel Baptist Church Weier, Chad R 1-2 Bethel Baptist Church Weier, Lisa R 1-2 Bethel Baptist Church WERMERS, JULIE MARIE 1-2 Bethel Baptist Church Werpy, Anne K 1-2 Bethel Baptist Church Werpy, Jason W 1-2 Bethel Baptist Church Williams, Edward P 1-2 Bethel Baptist Church Witt, Eric M 1-2 Bethel Baptist Church Wosje, Beverly J 1-2 Bethel Baptist Church Wosje, Walter W 1-2 Bethel Baptist Church Wosje, Yvonne N 1-2 Bethel Baptist Church Ysbrand, Jodi L 1-2 Bethel Baptist Church Zink, Bonnie L 1-2 Bethel Baptist Church Zink, William A 1-2 Bethel Baptist Church TOTAL 195 voters 6/24/2020 6:34:26 PM Page: 1 City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 20-0288,Version:1 Presentation of a Proclamation for Robert McGrath Day. Summary: Robert McGrath will be accepting the Proclamation. Attachments: Proclamation City of Brookings Printed on 6/26/2020Page 1 of 1 powered by Legistar™ Mayoral Proclamation City of Brookings, South Dakota WHEREAS, Robert McGrath worked for the City of Brookings for over 30 years and after retiring, served the Board of Health for another 10 years; and WHEREAS, the Brookings County Pandemic Planning and Coordination Committee began in 2006 as a partnership between public, private, and faith- based organizations; and WHEREAS, the purpose of the Brookings County Pandemic Planning and Coordination Committee is to develop a community plan for a pandemic including setting up a 96-bed alternate care site; and WHEREAS, Robert McGrath chaired the Brookings County Pandemic Planning and Coordination Committee for 14 years, participated in table top exercises and Points of Dispensing events to help our community prepare for pandemics. NOW THEREFORE, I, KEITH W. CORBETT, Mayor of the City of Brookings, South Dakota, do hereby proclaim Tuesday, June 30th, 2020 as ROBERT MCGRATH DAY IN WITNESS WHEREOF, I have hereunto set forth my hand and caused to be affixed the Great Seal of the City of Brookings, this 30th day of June, 2020. Keith W. Corbett, Mayor City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 20-0287,Version:1 Update on Brookings Marketplace, LLC Agreement Summary: The current Brookings Marketplace, LLC Agreement requires the City Manager review the agreement and forward to City Council any concerns. COVID-19 has made the retail development of the site more difficult. Staff has met with the developer monthly if not quarterly over the past year and recommends continuation of the agreement. Furthermore, staff recommends further analysis of potential development opportunities of the site. Background: The City of Brookings obtained the former Department of Transportation land containing twenty-six (26) acres located east of I-29 and north of Highway 14 for $1.6 million. An agreement was entered into with Brookings Marketplace, LLC. The original agreement was set to expire in 2018. The terms of the agreement dictate milestones, infrastructure requirements, and additional development agreement details. The current Marketplace Agreement between the City of Brookings and Brookings Market Place, LLC was renewed for a two (2) year extension on June 25, 2019. The developer requested the extension to continue national and regional retail recruitment efforts. To ensure proper process and agreement terms are met, the developer requested an extension until July 1, 2021. Fiscal Impact: None This report is provided to Council. The City Manager recommends continuation of the agreement. Understanding the retail environment is evolving, a request for further analysis of potential development is warranted to meet the obligation of the agreement. The developer and staff will continue such conversations and update Council and the public of any advancements. Attachments: Memo Resolution 19-051 Original Agreement City of Brookings Printed on 6/29/2020Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Paul M. Briseno, City Manager Council Meeting: June 30, 2020 Subject: Update on Brookings Marketplace, LLC Agreement Person(s) Responsible: Paul M. Briseno, City Manager Summary: The current Brookings Marketplace, LLC Agreement requires the City Manager review the agreement annually and forward to City Council any concerns. COVID-19 has made the retail development of the site difficult to develop given the existing retail market for the region and nation. Staff has met with the developer monthly if not quarterly over the past year and recommends continuation of the agreement. Additionally, staff recommends further analysis of potential development opportunities of the site. Background: The City of Brookings obtained the former Department of Transportation land containing twenty-six (26) acres located east of I-29 and north of Highway 14 for $1.6 million. An agreement was entered into with Brookings Marketplace, LLC. The original agreement was set to expire in 2018. The terms of the agreement dictate milestones, infrastructure requirements, and additional development agreement details. The current Marketplace Agreement between the City of Brookings and Brookings Market Place, LLC was renewed for a two (2) year extension on June 25, 2019. The developer requested the extension to continue national and region al retail recruitment efforts. To ensure proper process and agreement terms are met, the developer requested an extension until July 1, 2021. Item Details: Within the agreement section twelve (12) section D. the City Manager will review annually the developer’s efforts and reports concerns to the City Council. The developer has communicated multiple potential opportunities with no materialization. Quarterly reports and internal meetings occur. The current environment for new retail development was challengin g prior to the national and regional impacts from COVID-19. Though no written notice was given the provision within the agreement outlined in section C. “Enforcement Delay, Extension of Times of Performance should be considered. According to the develope r, COVID-19 has currently hindered retail development of the site. Legal Consideration: None. Strategic Plan Consideration: Furthers the City Council Goal of assisting with the development of the marketplace. Financial Consideration: None. Options and Recommendation: This report is provided to Council. The City Manager recommends continuation of the agreement. Understanding the retail environment is evolving, a request for further analysis of potential development is warranted to meet the obligation of the agreement. The developer and staff will continue such conversations and update Council and the public of any advancements. Supporting Documentation: 1. Resolution 19-051 2. Original Agreement Resolution 19-051 Resolution Authorizing the City of Brookings to Amend the Brookings Marketplace Development Agreement Whereas, the City of Brookings approved a Development Agreement between the City of Brookings and Brookings Marketplace, LLC on December 13, 2016; and Whereas, the parties now desire to again modify Sections 4 and 7 of said Development Agreement to extend the time of retail recruitment and performance of due diligence activities by the Developer until July 1, 2021. Now, Therefore, Be It Resolved: 1. That Amendment to the Development Agreement by and between the City of Brookings and Brookings Marketplace, LLC as described herein is hereby approved, and 2. That the Mayor, City Manager and Acting City Clerk are hereby authorized to execute on behalf of the City the documents required to complete the Amendment described herein, consistent with the terms of this Resolution. Dated this 25th day of June, 2019. CITY OF BROOKINGS, SD Keith W. Corbett, Mayor ATTEST: Bonnie Foster, Acting 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 20-061,Version:1 Action on Resolution 20-061, a Resolution awarding the Brookings City & County Government Center Custodial Services Contract. Summary: This resolution will award bids for the Brookings City & County Government Center custodial services to ISS Facility Services for the bid price of $3,875.00 per month. The bid is lower than the current contract amount of $4,075.00 per month. Background: The Brookings City & County Government Center custodial services contract expires on July 31, 2020. The City and County of Brookings let bids on June 9, 2020 for the custodial services for a 2- year contract. The following bids were received: ISS Facility Services $3,875/month Marsden Building Maintenance LLC $4,366.90/month The City did add a clause to the contract for up to two (2) additional one-year (1) extensions if agreeable to both parties. Fiscal Impact: The bid prices for this project were very competitive and below the previous contract. Recommendation: Staff recommends awarding the contract for custodial services to ISS Facility Services in the amount of $3,975 per month. Attachments: Memo Resolution City of Brookings Printed on 6/26/2020Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Matt Bartley, Street Supt. Council Meeting: June 30, 2020 Subject: Custodial Services Contract Person(s) Responsible: Matt Bartley, Street Supt. Summary This resolution will award bids for the Brookings City & County Government Center custodial services to ISS Facility Services for the bid price of $3,875.00 per month. The bid is lower than the current contract amount of $4,075.00 per month. Background The Brookings City & County Government Center custodial services contract expires on July 31, 2020. This bid is for a 2-year contract, with a clause to contract up to 2 additional one-year extensions, if agreeable to both parties. The existing services are provided by ISS Facility Services and staff is happy with their efforts. Item Details The City and County of Brookings let bids on June 9, 2020 at 1:30 pm at the City & County Government Center, and the following bids were received: ISS Facility Services $3,875/month Marsden Building Maintenance LLC $4,366.90/month The lowest bid received is lower than the current contract amount of $4,075.00 per month. Legal Consideration: None. Strategic Plan Consideration: None. Financial Consideration: The bid prices for this project were very competitive and below the previous contract. The City is recommending the contract be awarded to the low bid from ISS Facility Services. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a work session 5. Do nothing Staff recommends approval. Supporting Documentation: Resolution Resolution 20-061 Resolution Awarding Bids on Custodial Services for the City & County Government Center Whereas, the City of Brookings opened bids for Custodial Services for the City & County Government Center on Tuesday, June 9, 2020 at 1:30 pm at the Brookings City & County Government Center; and Whereas, the City of Brookings has received the following bids for the Custodial Services: ISS Facility Services - $3,875/month and Marsden Building Maintenance LLC - $4,366.90/month; and Now, Therefore Be It Resolved that the contract be awarded to ISS Facility Services for the bid price of $3,875 per month. Passed and approved this 30th day of June, 2020. CITY OF BROOKINGS ________________________________ Keith W. Corbett, Mayor ATTEST: _________________________ Bonnie Foster, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ORD 20-011,Version:1 Introduction and First Reading on Ordinance 20-011, an Ordinance Rezoning the N 1/2 of the N 1/2 of the Southwest 1/4 in Section 34, Township 110 from Agricultural, A District to Residence R-1C Single-Family District, Residence R-1D Single-Family District, and Residence R-3 Apartment District (South of Summit Pass and east of West 16th Avenue South). Public Hearing: July 14, 2020. Summary: The owner is seeking approval of a rezoning request for a portion of vacant land from Agricultural to R-1C, R-1D, and R-3 for the purpose of future residential development. Background: The property is generally located south of Summit Pass and east of West 16th Avenue South in the southwest quadrant of the City. The general area is a mix of residential densities and the Comprehensive Plan envisions Medium Density Residential development on the property. The R-1C District is an appropriate zoning district for future medium density residential development. The R-1D and R-3 zoning is to match existing zoning in the development. Findings of Fact: 1.The Comprehensive Plan Future Land Use Map shows the area as Medium Density Residential Development and the requested zoning districts are compatible. Recommendations: Staff recommends approval of the rezoning request. The Planning Commission voted 9-0 to recommend approval of the rezoning request. Attachments: Memo Ordinance Planning Commission Notice Planning Commission Minutes 6/2/2020 Rezoning Map Rezoning Exhibit Future Land Use Map - Comp Plan City of Brookings Printed on 6/26/2020Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Mike Struck, Community Development Director Meeting: June 30, 2020 Subject: Rezoning Request for the North 1/2 of the North 1/2 of Southwest 1/4 in Section 34, Township 110 North, Range 50 West from Agricultural, A, District to Residence R-1C Single- Family District, Residence R-1D Single Family District, and Residence R-3 Apartment District (Generally located south of Summit Pass and east of West 16th Avenue South) Person(s) Responsible: Mike Struck, Community Development Director Summary: The owner is seeking approval of a rezoning request to rezone a portion of vacant land from Agricultural A District to Residence R-1C Single-Family District, Residence R-1D Single Family District, and Residence R-3 Apartment District for the purpose of future residential development. Background: The property is generally located south of Summit Pass and east of West 16th Avenue South in the southwest quadrant of the City. The property was annexed on May 26, 2020. The general area is a mix of residential densities and the Comprehensive Plan envisions Medium Density Residential development on the property. The R-1C District is an appropriate zoning district for future medium density residential development. The R-1D District and R-3 District zoning is to match existing zoning on a few lots previously zoned and to ensure residential lots do not have split zoning. Item Details: The property is a logical extension of Timberline Addition as the area is predom inantly residential in nature. The Comprehensive Plan describes Medium Density Residential as 4-12 units per acre and the R-1C District allows up to 5.8 units per acre. In this case, the density of the R-1C District will complement the surrounding development and is suitable for the location. The R-1C zoning associated with this request comprises 98% of the zoning request with the R-1D and R-3 zoning simply included to avoid having multiple zoning districts on a single lot. Legal Consideration: None. Strategic Plan Consideration: The rezoning request is consistent with the Comprehensive Plan’s Future Land Use Plan, which identifies this area suitable or Medium Density Residential (MDR). Zoning land for future residential development is consistent with Goal 2 of the Workforce Development initiative of the City of Brookings Strategic Plan by supporting housing and amenity development initiatives needed for workforce sustainability and stability. Financial Consideration: None. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a work session. 5. Do nothing. Staff recommends approval of the zoning request as presented. The Planning Commission voted 9-0 to recommend approval of the rezoning. Supporting Documentation: Memo Ordinance Planning Commission Notice Planning Commission Minutes 6/2/2020 Rezoning Map Rezoning Exhibit Future Land Use Map – Comp Plan Ordinance 20-011 An Ordinance to Change the Zoning within the City of Brookings Be It Ordained by the City of Brookings, South Dakota: Section 1. That the real estate situated in the City of Brookings, County of Brookings, State of South Dakota, described as follows, to-wit: The North 1/2 of the North 1/2 of the Southwest 1/4 in Section 34, Township 110 North, Range 50 West of the 5th P.M., Brookings County, South Dakota from Agricultural, A, District to Residence R-1C Single-Family District, Residence R-1D, Single-Family District and Residence R-3 Apartment District (Generally located south of Summit Pass and east of West 16th Avenue South) In accordance with Section 94-7 of Article I of the Code of Ordinances of Brookings, South Dakota, as said districts are more fully set forth and described in Articles III and IV, Chapter 94 of the City of Brookings, South Dakota. Section 2. The permitted use of the property heretofore described be and the same is hereby altered and changed in accordance herewith pursuant to Articles III and IV, Chapter 94 of the City of Brookings, South Dakota. Section 3. All sections and ordinances in conflict herewith are hereby repealed. First Reading June 30, 2020 Second Reading and Adoption July 14, 2020 Published CITY OF BROOKINGS ________________________ Keith W. Corbett, Mayor ATTEST: _________________________ Bonnie Foster, City Clerk If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON PETITION TO REZONE NOTICE IS HEREBY GIVEN That Sioux Empire Development Corp. submitted a petition to rezone the following described real estate in the City of Brookings and Brookings County, South Dakota: North ½ of North ½ the Southwest ¼ in Section 34, Township 110 North, Range 50 West of the 5th P.M., Brookings County, South Dakota from Agricultural, A, District to Residence R-1C Single-Family District (Later amended to include R-1D and R-3 Districts as well) (Generally located South of Summit Pass and east of West 16th Avenue South) NOTICE IS FURTHER GIVEN That said request will be acted on by the City Planning Commission at 5:30 PM on June 2, 2020, in the Chambers Room on the third floor of the Brookings City & 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. Dated this 22nd day of May, 2020. Staci Bungard City Planner Planning Commission Brookings, South Dakota June 2, 2020 OFFICIAL MINUTES Chairperson Tanner Aiken called the meeting of the City Planning Commission to order on Tuesday June 2, 2020, at 5:30 PM in the Chambers Room #310 on the third floor of the City & County Government Center. Members present were Ashley Biggar, James Drew, Gregg Jorgenson, Jason Meusburger, Jacob Mills, Eric Rasmussen and Aiken. Members present via phone were Greg Fargen and Lee Ann Pierce. Also present were City Planner Staci Bungard, Community Development Director Mike Struck, City Engineer Jackie Lanning, and Joshua Long. Item #4a – Sioux Empire Development Corp submitted a petition to rezone the North ½ of the N ½ of the Southwest ¼ in Section 34, Township 110 North, Range 50 West of the 5th P.M., Brookings County, South Dakota from Agricultural, A, District to Residence R-1C Single-Family District (Generally located south of Summit Pass and east of West 16th Avenue South) (Rasmussen/Jorgenson) Motion to approve the rezone request with the amendment recommended by staff to prevent split zoning. All present voted aye . MOTION CARRIED. OFFICIAL SUMMARY Item #4a – This is a phase of Timberline Addition. The applicant would like to rezone to R-1C for the purposes of residential development. A portion of the land was recently annexed into the city limits. Staff is recommending that the applicant modify the rezoning to align with previously approved zoning to prevent split zoning on lots. Fargen asked if the applicant is aware of the amendment that staff is recommending. Bungard stated yes. Brookings County, SD Rezoning Aerial Map 1,320 ft Overview Legend Brookings City Limits City Limits Township/Range Boundary Township Boundary Sections Parcels Roads N1/2 N1/2 SW 1/4 Sec 34- T110N-R50W Rezoning from A to R-1C, R-1D, R-3 80 BROOKINGS: A COMPREHENSIVE PLAN FIGURE 3.5: Future Land Use Plan City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ORD 20-015,Version:1 Introduction and First Reading on Ordinance 20-015, an Ordinance Authorizing Supplemental Appropriation No. 4 to the 2020 Budget. Second Reading: July 14, 2020. Summary: This ordinance will amend the 2020 Budget to carry forward the remaining 2019 Budget of $249,881.18 in Buildings and Structures Expense account for the Bob Shelden Athletic Complex Capital Project Fund. Background: This ordinance allocates Building and Structures expenditures for the Bob Shelden Athletic Complex project that were budgeted in 2019 but not completed by December 31, 2019. Fiscal Impact: There will be no financial impact, as this is a carryover item budgeted in 2019 that was not completed. Recommendation: Staff recommends approval. Attachments: Memo Ordinance City of Brookings Printed on 6/26/2020Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Ashley Rentsch, Deputy Finance Manager Council Meeting: June 30, 2020 / July 14, 2020 Subject: Ordinance 20-015, and Ordinance Authorizing Supplemental Appropriation #4 to the 2020 Budget. Person(s) Responsible: Erick Rangel, Chief Financial Officer; Ashley Rentsch, Deputy Finance Manager Summary: This ordinance will amend the 2020 Budget to carry forward the remaining 2019 Budget of $249,881.18 in Buildings and Structures Expense account for the Bob Shelden Athletic Complex Capital Project Fund. Background: This ordinance allocates Building and Structures expenditures for the Bob Shelden Athletic Complex project that were budgeted in 2019 but not completed by December 31, 2019. Item Details: The Bob Shelden Capital Project Fund Budget for 2019 included $300,000 for design and engineering costs in the Buildings and Structures Expense Account. Actual expenditures incurred in 2019 were $50,118, resulting in a remaining budget of $249,881. This remaining amount should carry forward to the 2020 Budget for ongoing project expenditures. Legal Consideration: None. Strategic Plan Consideration: This furthers the completion of the City Council Goal of adopting a plan and providing for the refurbishment of Bob Shelden Field. Financial Consideration: There will be no financial impact, as this is a carryover item budgeted in 2019 that was not completed. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a work session 5. Do nothing Staff recommends approval. Supporting Documentation: 1. Memo 2. Ordinance Ordinance 20-015 An Ordinance Authorizing Supplemental Appropriation No. 4 to the 2020 Budget Be It Ordained by the City of Brookings, South Dakota: Whereas State Law (SDCL 9-21-7) and the City Charter (4.06 (a) permit supplemental appropriations provided there are sufficient funds and revenues available to pay the appropriation when it becomes due. Now, Therefore, Be It Resolved by the City Council that the City Manager be authorized to make the following budget adjustments to the 2020 budget: Part 1 – Change Increase/(Decrease) Bob Shelden Capital Project Fund 527-000-5-911-00 Buildings & Structures $249,881.18 2019 Budget Carry Forward for Bob Shelden Project Total Change in Expenditures $249,881.18 All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. First Reading: June 30, 2020 Second Reading: July 14, 2020 Published: 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 20-0260,Version:1 Public Hearing and Action on a Temporary Alcohol Application for the Brookings Volunteer Fire Association Street Dance to be held in the 300 Block of Main Ave. on July 25, 2020. Summary: The Brookings Volunteer Fire Association has applied for a Temporary Alcohol License for a street dance to be held in the 300 Block of Main Ave. on July 25, 2020. This will be the 105 th year this annual event has taken place. All temporary alcohol licenses must be approved by the City Council through use of a public hearing. All documents have been filed with the City pertaining to insurance and other licensing requirements. Recommendation: Staff recommends approval. Attachments: Memo Legal Notice City of Brookings Printed on 6/26/2020Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Bonnie Foster, City Clerk Council Meeting: June 30, 2020 Subject: Temporary Alcohol Application: Brookings Volunteer Fire Association Street Dance Person(s) Presenting: Bonnie Foster, City Clerk Summary: Brookings Volunteer Fire Association has applied for a Temporary Alcohol License for their annual Street Dance to be held on July 25, 2020, on the 300 Block of Main Avenue. Background: All temporary alcohol licenses must be approved by the City Council through use of a public hearing. All documents have been filed with the City pertaining to insurance and other licensing requirements. SDCL 35-4-124.1 35-4-124.1. Donation of beverages to civic, charitable, educational, fraternal, or veterans organization holding special events license. A civic, charitable, educational, fraternal, or veterans organization holding a special events license pursuant to subdivision 35-4-124(5) may only sell wine that has been donated by members of the public to be sold at the special event. A civic, charitable, educational, fraternal, or veterans organization holding a special events license pursuant to subdivision 35-4-124(6) may only sell malt beverages that have been donated by members of the public to be sold at the special event. A civic, charitable, educational, fraternal, or veterans organization holding a special events license pursuant to subdivision 35-4-124(7) may only sell alcoholic beverages that have been donated by members of the public to be sold at the special event. The donor shall purchase any donated alcoholic beverage from a licensed South Dakota retailer. Source: SL 2015, ch 195, § 2, eff. Mar. 13, 2015; SL 2018, ch 213, § 107. Item Details: The Brookings Volunteer Fire Association Annual Street Dance will be held on Saturday, July 25, 2020 on the 300 Block of Main Avenue. The 300 Block of Main Avenue will be closed from 8:00 a.m. on Saturday, July 25, through 2:00 a.m. on Sunday, July 26. All events approved through the city are encouraged to follow CDC guidelines. Legal Consideration: None. Strategic Plan Consideration: None. Financial Consideration: Resolution 15-066, Resolution establishing the License Fees for the Issuance of Special Alcoholic Beverage Licenses in the City of Brookings. “Licenses issued to charitable, educational, fraternal, or veterans organizations are exempt from the fee.” Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move item to a work session 5. Do nothing Staff recommends approval. Supporting Documentation: 1. Legal Notice Public Hearing Sale of Alcoholic Beverages NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota, will hold a public hearing at 6:00 p.m., Tuesday, June 30, 20209, in the Brookings City & County Government Center, 520 Third Street, to consider an application for a temporary alcohol license to operate within the City of Brookings, South Dakota for the Brookings Volunteer Firefighter’s Association Annual Fireman’s Dance to be held on July 25, 2020 in the 300 block of Main Avenue. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated at Brookings, South Dakota, this 15th day of June, 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 20-0261,Version:1 Public Hearing and Action on a Temporary Alcohol Application for the Swiftel Center for the Jr. National Charolais Show on July 7-10, 2020 and the Jr. National Simmental Show on July 13-16, 2020. Summary: The Swiftel Center has applied for a Temporary Alcohol License for the Jr. National Charolais Show on July 7-10, 2020 and the Jr. National Simmental Show on July 13-16, 2020 to be held at the Swiftel Center and the Larson Ice Center. All temporary alcohol licenses must be approved by the City Council through use of a public hearing. All documents have been filed with the City pertaining to insurance and other licensing requirements. Recommendation: Staff recommends approval. Attachments: Memo Legal Notice City of Brookings Printed on 6/26/2020Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Bonnie Foster, City Clerk Council Meeting: June 30, 2020 Subject: Temporary Alcohol Application: Swiftel Center Person(s) Presenting: Bonnie Foster, City Clerk Summary: The Swiftel Center has applied for a Temporary Alcohol License for the Jr. National Charolais Show on July 7-10, 2020 and the Jr. National Simmental Show on July 13-16, 2020 to be held at the Swiftel Center and the Larson Ice Center. Background: All temporary alcohol licenses must be approved by the City Council through use of a public hearing. All documents have been filed with the City pertaining to insurance and other licensing requirements. SDCL 35-4-124.1 35-4-124.1. Donation of beverages to civic, charitable, educational, fraternal, or veterans organization holding special events license. A civic, charitable, educational, fraternal, or veterans organization holding a special events license pursuant to subdivision 35-4-124(5) may only sell wine that has been donated by members of the public to be sold at the special event. A civic, charitable, educational, fraternal, or veterans organization holding a special events license pursuant to subdivision 35-4-124(6) may only sell malt beverages that have been donated by members of the public to be sold at the special event. A civic, charitable, educational, fraternal, or veterans organization holding a special events license pursuant to subdivision 35-4-124(7) may only sell alcoholic beverages that have been donated by members of the public to be sold at the special event. The donor shall purchase any donated alcoholic beverage from a licensed South Dakota retailer. Source: SL 2015, ch 195, § 2, eff. Mar. 13, 2015; SL 2018, ch 213, § 107. Item Details: The Swiftel Center has applied for a Temporary Alcohol License for the Jr. National Charolais Show on July 7-10, 2020 and the Jr. National Simmental Show on July 13-16, 2020 to be held at the Swiftel Center and the Larson Ice Center. All events approved through the city are encouraged to follow CDC requirements. Legal Consideration: None. Strategic Plan Consideration: The Swiftel Center hosting the Jr. National Charolais Show and the Jr. National Simmental Show further develop Brookings as a major tourism destination for visitors to benefit the local economy and hospitality industry. Financial Consideration: Resolution 15-066, Resolution establishing the License Fees for the Issuance of Special Alcoholic Beverage Licenses in the City of Brookings. “Licenses issued to charitable, educational, fraternal, or veterans organizations are exempt from the fee.” Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move item to a work session 5. Do nothing Staff recommends approval. Supporting Documentation: 1. Legal Notice Public Hearing Sale of Alcoholic Beverages NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota, will hold a public hearing at 6:00 p.m., Tuesday, June 30, 2020, in the Brookings City & County Government Center, 520 Third Street, to consider an application for a temporary alcohol license to operate within the City of Brookings, South Dakota for the Jr. National Charolais Show on July 7-10, 2020 and the Jr. National Simmental Show on July 13-16, 2020 to be held at the Swiftel Center and Larson Ice Center, 824 32nd Avenue. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated at Brookings, South Dakota, this 22nd day of June, 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 #:ORD 20-010,Version:2 Discussion, Possible Action, and Second Reading on Ordinance 20-010, an Ordinance Amending Emergency Ordinance 20-007 to Address a Public Health Crisis and to Revise Certain Measures Which Have Been Deemed Necessary to Slow the Community Spread of Coronavirus (COVID-19). Summary: Ordinance 20-007 was enacted to reduce the spread of COVID-19 and provides additional requirements to restaurants, bars, grocery, casino, gyms, salons as well as other similar businesses. Through an amendment to Ordinance 20-010 adopted at the June 9th City Council meeting, the aforementioned requirements would be changed to recommendations/guidelines. Background: The current emergency COVID-19 regulation through Ordinance 20-007 has the following implications: Restaurants/Bars o Maximum of ten customers or 50% occupancy, whichever is greater §Occupancy capacity posted at front entry o Groups of ten (10) or less and six (6) feet apart o Cleaning of high touch areas/materials between users o Screening employees recommended o Employees required to wear masks o Cleaning of used spaces before and after each customer o No self-serve buffets or salad bars o No sharing of condiments unless wiped between use ·Grocery, Casino, Gyms, and Recreational Facilities o Cleaning of equipment after use by customer and/or employee o Maximum of ten customers or 50% occupancy §Occupancy capacity posted at front entry o Employees of Grocery stores will wear masks o Protective measures/operations will be provided ·Salons/Barber Shops o Customers six (6) feet spacing & recommend service by appointment-only o Employees will wear masks o Clean equipment before and after each customer o Adequate social distancing for waiting customers ·Administrative exemptions allow for requested flexibility. th City of Brookings Printed on 6/29/2020Page 1 of 2 powered by Legistar™ File #:ORD 20-010,Version:2 At the June 9th City Council meeting, City Council voted to amend the ordinance to change all regulations to recommendations/guidelines. Recommendation: Staff recommends City Council to provide direction on Ordinance. Attachments: Memo Ordinance - Clean Ordinance - Marked Ordinance 20-007 City of Brookings Printed on 6/29/2020Page 2 of 2 powered by Legistar™ City Council Agenda Memo From: Paul M. Briseno, City Manager Council Meeting: June 9, 2020 Subject: Review of Ordinance 20-010, COVID-19 Ordinance Person(s) Responsible: Paul M. Briseno, City Manager Summary: Ordinance 20-007 is set to expire July 13, 2020. The regulation was enacted to reduce the spread of COVID19 and provides additional requirements on restaurants, bars, grocery, casino, gyms, salons as well as other similar businesses. The review of the ordinance is brought forward to Council for consideration of amending, continuation or rescinding. Background: The current emergency COVID-19 regulation was implemented May 12th and is set to expire July 13, 2020. Ordinance 20-007 has the following implications: Restaurants/Bars o Maximum of ten customers or 50% occupancy, whichever is greater  Occupancy capacity posted at front entry o Groups of ten (10) or less and six (6) feet apart o Cleaning of high touch areas/materials between users o Screening employees recommended o Employees required to wear masks o Cleaning of used spaces before and after each customer o No self-serve buffets or salad bars o No sharing of condiments unless wiped between use  Grocery, Casino, Gyms, and Recreational Facilities o Cleaning of equipment after use by customer and/or employee o Maximum of ten customers or 50% occupancy  Occupancy capacity posted at front entry o Employees of Grocery stores will wear masks o Protective measures/operations will be provided  Salons/Barber Shops o Customers six (6) feet spacing & recommend service by appointment-only o Employees will wear masks o Clean equipment before and after each customer o Adequate social distancing for waiting customers  Administrative exemptions allow for requested flexibility. Item Details: The current regulation is set to expire in July. The item is presented to City Council for potential action or continuation. City Council is provided with healthcare insight of local conditions. Based on this information and business/residential concerns, Council is asked to give staff direction of Ordinance. Legal Consideration: None. Financial Consideration: None. Options and Recommendation: The City Council has the following options: 1. Amend 2. Rescind 3. Do nothing Staff recommends City Council provide direction on Ordinance. Supporting Documentation: 1. Ordinance Ordinance 20-010 An Ordinance Amending Emergency Ordinance 20-007 to Address a Public Health Crisis and to Revise Certain Measures Which Have Been Deemed Necessary to Slow the Community Spread of Coronavirus (COVID-19). WHEREAS, the City of Brookings has the authority pursuant to SDCL 9-29-1 and SDCL 9-32-1 to pass ordinances for the purpose of promoting the health, safety and general welfare of the community, and to do what may be necessary for the promotion of health or the suppression of diseases; and WHEREAS, an outbreak of the disease COVID-19, which is caused by the novel coronavirus, has been confirmed in more than 100 countries, including the United States; and WHEREAS, the City of Brookings and many states and communities across the country have already implemented the White House recommendations by ordering all bars, restaurants, food courts, gyms, and other indoor and outdoor venues where people congregate be closed or their occupancy restricted until the public health emergency is over; and WHEREAS, the failure to successfully implement social distancing would likely result in higher numbers of infected individuals and has the potential to overwhelm the capacity of the City's health care providers; and WHEREAS, it is important that control measures continue to be taken to reduce or slow down the spread of COVID-19 in order to protect the health and safety of the City's residents, especially for seniors and those with underlying health conditions that make them particularly vulnerable to COVID-19; and WHEREAS, the City of Brookings has been utilizing Ordinance 20-007 to address the COVID- 19 public emergency, and WHEREAS, based on the number of cases in Brookings County, the relative lack of hospitalizations in the City, and the available modeling, the City Council believes some of the social distancing restrictions can again be modified to allow businesses to resume service to customers without causing the number of COVID-19 cases in the City to rise to the level that will overwhelm the hospital’s capacity if proper procedures are put in place, and WHEREAS, this Ordinance is consistent with the Governor’s Executive Order 2020-20, and Section 3 thereof, in particular, which provide for South Dakota’s “Back to Normal Plan”, and WHEREAS, these revised measures and guidelines are intended to amend the measures and restrictions set forth in Emergency Ordinance 20-007; NOW, THEREFORE, BE IT ORDAINED, by the City Council of Brookings that: 1. Any businesses identified in Ordinance 20-007 may reopen to serve patrons on-site. 2. The following guidelines are recommendations and are not mandatory requirements. Businesses within the City of Brookings which are open to the public should observe the following guidelines to slow the spread of COVID-19: a) Establish a minimum six-foot distance between any tables, chairs, and barstools. This provision does not need to be observed between members of the same household. b) All businesses should identify their occupancy allowance and post it in a conspicuous location outside the building. c) Restaurants, bars, and casinos should limit their occupancy to a maximum of ten (10) customers or a capacity of one-half (½) of their maximum posted capacity, whichever is greater. Capacity should be posted at the front of the business. d) All restaurants, food trucks and bars should disinfect or dispose of all menus before and after use by each customer. Condiment containers should be cleaned/disinfected between each group and should not be shared among multiple groups. Salad bars and self-service buffets should not be permitted. e) Grocery stores, retail businesses, recreation and fitness businesses should limit their occupancy to a maximum of ten (10) customers or a capacity of one-half (½) of their maximum posted capacity, whichever is greater. Capacity should be posted at the front of the business. f) All businesses should require social distance spacing while customers are waiting for service or entry into a business. Spacing may be accomplished by requiring people to remain in their vehicles. g) Clearly marked one-way shopping aisles in grocery and retail stores should be used where practicable. h) In retail and grocery businesses, a plexiglass, or similar divider should be installed where physically possible between the cashier and customer. i) Employees should be required to wash hands at regular intervals. j) Food service employees should wear a mask which covers the employee’s nose and mouth. k) In casinos, video lottery machines should be cleaned and disinfected between each customer. l) Employees of hair salons, nail and tanning salons, spas and barber shops should wear masks which cover their nose and mouth during customer contact times. Customer seating should be at least six (6) feet apart. m) In gyms and fitness facilities, any equipment and/or exercise mats should be cleaned or disinfected between each use. n) Customer seating in theaters and similar businesses should be reduced to allow for social distancing, with certain seats marked as “not available due to social distancing guidelines” to ensure compliance. o) Businesses should post publicly a regular cleaning and disinfecting schedule, specific to each business. p) Hand sanitizer locations readily available for public use should be made available at grocery stores and retail businesses. q) Enhanced cleaning/disinfecting requirements should be used for motel and hotel rooms. r) Seating for large gatherings should be reduced to comply with a six-foot minimum distance between attendees. s) Businesses are encouraged to conduct daily employee screenings for illness. t) Businesses are encouraged to post signage outside of their facility that encourages customers to not enter if they are not feeling well or have COVID-19 symptoms. u) Businesses are encouraged to develop risk mitigation strategies for restrooms or other areas where social distancing requirements are likely to be compromised. v) Certain businesses (e.g. gym, recreation facilities, casinos, etc.) are encouraged to have customers wipe down their equipment/machines before and after use. Businesses should ensure proper cleaning and disinfecting is occurring. w) Businesses, particularly salons, barber shops, and spas are encouraged (but not required) to provide service on an appointment-only basis to ensure proper social distancing and hygiene practices are met. 3. In addition to the specific guidelines listed above, businesses should operate in a manner consistent with CDC guidelines and any applicable state regulations and the Governor’s Executive Orders. 4. The City encourages all members of the public within the City of Brookings to continue to follow the CDC guidelines and recommended hygiene practices, including, but not limited to engaging in social distancing, and wearing masks when outside their homes wherever possible. 5. Pursuant to this ordinance, the City Council may by resolution modify this ordinance and adopt revised restrictions on public gatherings and public movements it deems necessary to address the current public health emergency. Any revised measures and restrictions which are adopted by resolution shall be for a specific duration and shall be periodically reviewed to ensure the continued necessity of such restrictions or closures. 6. The guidelines set forth herein do not apply to the following entities, which have their own specific COVID-19 restrictions: a) Health care facilities, residential care facilities, congregate care facilities, and correctional facilities. b) Crisis shelters, homeless shelters, soup kitchens, or other similar institutions. c) Any emergency facilities necessary for the response to the current public health emergency or any other community emergency or disaster. d) Official meetings of the city, schools, county, or state. e) The operations and meetings of any state or federal courts. 7. This Ordinance shall remain in effect for a period of sixty (60) days, at which time it shall be automatically repealed unless specifically readopted for an additional period of time by the City Council. Any dates identified in this ordinance may be adjusted at any time within the sixty (60) day period covered by this ordinance by a resolution or ordinance of the City Council. 8. This ordinance amends and supersedes Ordinance 20-007, and is intended to serve as the City of Brookings’ guidelines to address the COVID-19 public emergency. Accordingly, compliance with these guidelines is recommended but is not mandatory. BE IT FURTHER ORDAINED that pursuant to SDCL 9-19-13, this ordinance is necessary for the immediate preservation of the public peace, health, safety, and welfare of the City and shall become effective immediately upon publication. Dated this ____ day of June, 2020. CITY OF BROOKINGS: (SEAL) ATTEST: Keith W. Corbett, Mayor Bonnie Foster, City Clerk Ordinance 20-010 An Ordinance Amending Emergency Ordinance 20-007 to Address a Public Health Crisis and to Revise Certain Measures Which Have Been Deemed Necessary to Slow the Community Spread of Coronavirus (COVID-19). WHEREAS, the City of Brookings has the authority pursuant to SDCL 9-29-1 and SDCL 9-32-1 to pass ordinances for the purpose of promoting the health, safety and general welfare of the community, and to do what may be necessary for the promotion of health or the suppression of diseases; and WHEREAS, an outbreak of the disease COVID-19, which is caused by the novel coronavirus, has been confirmed in more than 100 countries, including the United States; and WHEREAS, the City of Brookings and many states and communities across the country have already implemented the White House recommendations by ordering all bars, restaurants, food courts, gyms, and other indoor and outdoor venues where people congregate be closed or their occupancy restricted until the public health emergency is over; and WHEREAS, the failure to successfully implement social distancing would likely result in higher numbers of infected individuals and has the potential to overwhelm the capacity of the City's health care providers; and WHEREAS, it is important that control measures continue to be taken to reduce or slow down the spread of COVID-19 in order to protect the health and safety of the City's residents, especially for seniors and those with underlying health conditions that make them particularly vulnerable to COVID-19; and WHEREAS, the City of Brookings has been utilizing Ordinance 20-007 to address the COVID- 19 public emergency, and WHEREAS, based on the number of cases in Brookings County, the relative lack of hospitalizations in the City, and the available modeling, the City Council believes some of the social distancing restrictions can again now be modified to allow businesses to resume on-site service to of customers without causing the number of COVID-19 cases in the City to rise to the level that will overwhelm the hospital’s capacity if proper procedures are put in place, and WHEREAS, this Ordinance is consistent with the Governor’s Executive Order 2020-20, and Section 3 thereof, in particular, which provide for South Dakota’s “Back to Normal Plan”, and WHEREAS, these revised measures and guidelines restrictions are intended to amend replace the measures and restrictions set forth in Emergency Ordinance 20-007; NOW, THEREFORE, BE IT ORDAINED, by the City Council of Brookings that: 1. Any businesses identified in Ordinance 20-007 may reopen to serve patrons on-site pursuant to the conditions established in this resolution. 2. The following guidelines are recommendations and are not mandatory requirements. Businesses within the City of Brookings which are open to the public should shall observe the following guidelines to slow the spread of COVID-19: a) Establish a minimum six-foot distance between any tables, chairs, and barstools. This provision does not need to be observed between members of the same household. b) All businesses should shall collaborate with the City to identify their occupancy allowance and post it in a conspicuous location outside the building. c) Restaurants, bars, and casinos should limit their occupancy shall be limited to a maximum of ten (10) customers or a capacity of one-half (½) of their maximum posted capacity, whichever is greater. Capacity should will be posted at the front of the business. d) All restaurants, food trucks and bars should shall disinfect or dispose of all menus before and after use by each customer. Condiment containers should shall be cleaned/disinfected between each group and should shall not be shared among multiple groups. Salad bars and self-service buffets should shall not be permitted. e) Grocery stores, retail businesses, recreation and fitness businesses should limit their occupancy shall be limited to a maximum of ten (10) customers or a capacity of one-half (½) of their maximum posted capacity, whichever is greater. Capacity should will be posted at the front of the business. f) All businesses should require social distance spacing while customers are waiting for service or entry into a business. Spacing may be accomplished by requiring people to remain in their vehicles. g) Clearly marked one-way shopping aisles in grocery and retail stores should be used where practicable. h) In retail and grocery businesses, install a plexiglass, or similar divider should be installed where physically possible between the cashier and customer. i) Require Employees should be required to wash hands at regular intervals. j) Food service employees should must wear a mask which covers the employee’s nose and mouth. k) In casinos, video lottery machines should must be cleaned and disinfected between each customer. l) Employees of hair salons, nail and tanning salons, spas and barber shops should wear masks which cover their nose and mouth during customer contact times. Customer seating should must be at least six (6) feet apart. m) In gyms and fitness facilities, any equipment and/or exercise mats should must be cleaned or disinfected between each use. n) Customer seating in theaters and similar businesses should shall be reduced to allow for social distancing, with certain seats marked as “not available due to social distancing guidelines” to ensure compliance. o) Businesses should shall post publicly a regular cleaning and disinfecting schedule, specific to each business. p) Hand sanitizer locations readily available for public use should be made available at grocery stores and retail businesses. q) Enhanced cleaning/disinfecting requirements should be used for motel and hotel rooms. r) Seating for large gatherings should shall be reduced to comply with a six-foot minimum distance between attendees. s) Businesses are encouraged to conduct daily employee screenings for illness. t) Businesses are encouraged to post signage outside of their facility that encourages customers to not enter if they are not feeling well or have COVID-19 symptoms. u) Businesses are encouraged to develop risk mitigation strategies for restrooms or other areas where social distancing requirements are likely to be compromised. v) Certain businesses (e.g. gym, recreation facilities, casinos, etc.) are encouraged to have customers wipe down their equipment/machines before and after use. However, it will still be the responsibility of the business to Businesses should ensure proper cleaning and disinfecting is occurring. w) Businesses, particularly salons, barber shops, and spas are encouraged (but not required) to provide service on an appointment-only basis to ensure proper social distancing and hygiene practices are met. 3. In addition to the specific guidelines requirements listed above, businesses should shall operate in a manner consistent with CDC guidelines and any applicable state regulations and the Governor’s Executive Orders. 4. The City encourages all members of the public within the City of Brookings to continue to follow the CDC guidelines and recommended hygiene practices, including, but not limited to engaging in social distancing, and wearing masks when outside their homes wherever possible. 5. Businesses can request, in writing, administrative exceptions from the City that allow them to modify the strict compliance with these requirements so long as their proposal contains alternative means to implement social distancing or hygiene requirements. The City will not approve exceptions which completely exempt a business from implementing social distancing, or from following the CDC guidelines. 6. Any business entity, owner, or supervising manager of any business that is not in compliance with these regulations, or an approved alternative plan pursuant to Section #5 above, shall be in violation of Ordinance 20-007. 7. Pursuant to this ordinance, the City Council may by resolution modify this ordinance the mandatory closures and adopt enact revised restrictions on public gatherings and public movements it deems necessary to address the current public health emergency. Any revised measures and restrictions which are adopted by resolution shall be for a specific duration and shall be periodically reviewed to ensure the continued necessity of such restrictions or closures. 8. The guidelines restrictions set forth herein do not apply to the following entities, which have their own specific COVID-19 restrictions: a) Health care facilities, residential care facilities, congregate care facilities, and correctional facilities. b) Crisis shelters, homeless shelters, soup kitchens, or other similar institutions. c) Any emergency facilities necessary for the response to the current public health emergency or any other community emergency or disaster. d) Official meetings of the city, schools, county, or state. e) The operations and meetings of any state or federal courts. 9. This Ordinance shall remain in effect for a period of sixty (60) days, at which time it shall be automatically repealed unless specifically readopted for an additional period of time by the City Council. Any dates identified in this ordinance may be adjusted at any time within the sixty (60) day period covered by this ordinance by a resolution or ordinance of the City Council. 10. This ordinance amends and supersedes Ordinance 20-007, and is intended to serve as the City of Brookings’ guidelines to address the COVID-19 public emergency. Accordingly, compliance with these guidelines is recommended but is not mandatory. Enforcement – Violation of this Ordinance may result in a fine, and multiple violations may result in further enforcement procedures, including legal action to close the business for the safety of the public. BE IT FURTHER ORDAINED that pursuant to SDCL 9-19-13, this ordinance is necessary for the immediate preservation of the public peace, health, safety, and welfare of the City and shall become effective immediately upon publication passage. Dated this ____ day of June, 2020. CITY OF BROOKINGS: (SEAL) ATTEST: Keith W. Corbett, Mayor Bonnie Foster, City Clerk Ordinance 20-010 An Ordinance Amending Emergency Ordinance 20-007 to Address a Public Health Crisis and to Revise Certain Measures Which Have Been Deemed Necessary to Slow the Community Spread of Coronavirus (COVID-19). WHEREAS, the City of Brookings has the authority pursuant to SDCL 9-29-1 and SDCL 9-32-1 to pass ordinances for the purpose of promoting the health, safety and general welfare, of the community, and to do what may be necessary for the promotion of health or the suppression of diseases; and WHEREAS, an outbreak of the disease COVID-19, which is caused by the novel coronavirus, has been confirmed in more than 100 countries, including the United States; and WHEREAS, the City of Brookings and many states and communities across the country have already implemented the White House recommendations by ordering all bars, restaurants, food courts, gyms, and other indoor and outdoor venues where people congregate be closed until the public health emergency is over; and WHEREAS, the failure to successfully implement social distancing would likely result in higher numbers of infected individuals and has the potential to overwhelm the capacity of the City's health care providers; and WHEREAS, it is important that control measures continue to be taken to reduce or slow down the spread of COVID-19 in order to protect the health and safety of the City's residents, especially for seniors and those with underlying health conditions that make them particularly vulnerable to COVID-19; and WHEREAS, the City of Brookings has been utilizing Ordinance 20-007 to address the COVID-19 public emergency, and WHEREAS, based on the number of cases in Brookings County, the relative lack of hospitalizations in the City, and the available modeling, the City Council believes some of the social distancing restrictions can now be modified to allow businesses to resume on-site service of customers without causing the number of COVID-19 cases in the City to rise to the level that will overwhelm the hospital’s capacity if proper procedures are put in place, and WHEREAS, this Ordinance is consistent with the Governor’s Executive Order 2020-20, and Section 3 thereof, in particular, which provide for South Dako ta’s “Back to Normal Plan”, and WHEREAS, these revised measures and restrictions are intended to replace the measures and restrictions set forth in Emergency Ordinance 20 -007; NOW, THEREFORE, BE IT ORDAINED, by the City Council of Brookings that: 1. Any businesses identified in Ordinance 20-007 may reopen to serve patrons on-site pursuant to the conditions established in this resolution. 2. Businesses within the City of Brookings which are open to the public shall observe the following guidelines to slow the spread of COVID -19: a) Establish a minimum six-foot distance between any tables, chairs, and barstools. This provision does not need to be observed between members of the same household. b) All businesses shall collaborate with the City to identify their occupancy allowance and post it in a conspicuous location outside the building. c) Restaurants, bars, and casinos shall be limited to a maximum of ten (10) customers or a capacity of one-half (½) of their maximum posted capacity, whichever is greater. Capacity will be posted at the front of the business. d) All restaurants, food trucks and bars shall disinfect or dispose of all menus before and after use by each customer. Condiment containers shall be cleaned/disinfected between each group and shall not be shared among multiple groups. Salad bars and self -service buffets shall not be permitted. e) Grocery stores, retail businesses, recreation and fitness businesses shall be limited to a maximum of ten (10) customers or a capacity of one-half (½) of their maximum posted capacity, whichever is greater. Capacity will be posted at the front of the business. f) Require social distance spacing while waiting for service or entry into a business. Spacing may be accomplished by requiring people to remain in their vehicles. g) Clearly marked one-way shopping aisles in grocery and retail stores. h) In retail and grocery businesses, install a plexiglass, or similar divider where physically possible between the cashier and customer. i) Require employees to wash hands at regular intervals. j) Food service employees must wear a mask which covers the employee’s nose and mouth. k) In casinos, video lottery machines must be cleaned and disinfected between each customer. l) Employees of hair salons, nail and tanning salons, spas and barber shops wear masks which cover their nose and mouth during customer contact times. Customer seating must be at least six (6) feet apart. m) In gyms and fitness facilities, any equipment and/or exercise mats must be cleaned or disinfected between each use. n) Customer seating in theaters and similar businesses shall be reduced to allow for social distancing with certain seats marked as “not available due to social distancing guidelines” to ensure compliance. o) Businesses shall post publicly a regular cleaning and disinfecting schedule, specific to each business. p) Hand sanitizer locations readily available for public use should be made available at grocery stores and retail businesses. q) Enhanced cleaning/disinfecting requirements should be used for motel and hotel rooms. r) Seating for large gatherings shall be reduced to comply with a six-foot minimum distance between attendees. s) Businesses are encouraged to conduct daily employee screenings for illness. t) Businesses are encouraged to post signage outside of their facility that encourages customers to not enter if they are not feeling well or have COVID-19 symptoms. u) Businesses are encouraged to develop risk mitigation strategies for restrooms or other areas where social distancing requirements are likely to be compromised. v) Certain businesses (e.g. gym, recreation facilities, casinos, etc.) are encouraged to have customers wipe down their equipment/machines before and after use. However, it will still be the responsibility of the business to ensure proper cleaning and disinfecting is occurring. w) Businesses, particularly salons, barber shops, and spas are encouraged to provide service on an appointment-only basis to ensure proper social distancing and hygiene practices are met. 3. In addition to the specific requirements listed above, businesses shall operate in a manner consistent with CDC guidelines and any applicable state regulations and the Governor’s Executive Orders. 4. The City encourages all members of the public within the City of Brookings to continue to follow the CDC guidelines and recommended hygiene practices, including, but not limited to engaging in social distancing, and wearing masks when outside their homes wherever possible. 5. Businesses can request, in writing, administrative exceptions from the City that allow them to modify the strict compliance with these requirements so long as their proposal contains alternative means to implement social distancing or hygiene requirements. The City will not approve exceptions which completely exempt a business from implementing social distancing, or from following the CDC guidelines. 6. Any business entity, owner, or supervising manager of any business that is not in compliance with these regulations, or an approved alternative plan pursuant to Section #5 above, shall be in violation of Ordinance 20- 007. 7. Pursuant to this ordinance, the City Council may by resolution modify the mandatory closures and enact revised restrictions on public gatherings and public movements it deems necessary to address the current public health emergency. Any revised measures and restrictions, adopted by resolution shall be for a specific duration and shall be periodically reviewed to ensure the continued necessity of such restrictions or closures. 8. The restrictions set forth herein do not apply to the following entities, which have their own specific COVID-19 restrictions: a) Health care facilities, residential care facilities, congregate care facilities, and correctional facilities. b) Crisis shelters, homeless shelters, soup kitchens, or other similar institutions. c) Any emergency facilities necessary for the response to the current public health emergency or any other community emergency or disaster. d) Official meetings of the city, schools, county, or state. e) The operations and meetings of any state or federal courts. 9. This Ordinance shall remain in effect for a period of sixty (60) days, at which time it shall be automatically repealed unless specifically readopted for an additional period of time by the City Council. Any dates identified in this ordinance may be adjusted at any time within the sixty (60) day period covered by this ordinance by a resolution of the City Council. 10. Enforcement – Violation of this Ordinance may result in a fine, and multiple violations may result in further enforcement procedures, including legal action to close the business for the safety of the public. BE IT FURTHER ORDAINED that pursuant to SDCL 9-19-13, this ordinance is necessary for the immediate preservation of the public peace, health, safety, and welfare of the City and shall become effective immediately upon passage. First Reading: June 9, 2020 Second Reading: June 30, 2020 Published: CITY OF BROOKINGS: (SEAL) 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 20-060,Version:1 Action on Resolution 20-060, a Resolution Accepting a Gift of a Centennial Clock from the Rotary Club of Brookings to the City of Brookings, South Dakota. Summary: The Resolution accepts a gift of a Centennial Clock to commemorate the Rotary Club of Brookings 100th Anniversary. The Rotary Club raised funds for the purchase and installation of the clock. The City will pay the annual insurance premium for the clock, and the Rotary Club and City will evenly split future maintenance and repair costs. Background: The Rotary Club of Brookings has raised funds to purchase a Centennial Clock to commemorate the Club’s 100th Anniversary. The Rotary Club worked closely with the City’s Development Review Team to select the location for the clock to be on the southeast corner of 5 th Street and Main Avenue. The Rotary Club is currently working with the Engineering Department and Brookings Municipal Utilities to facilitate installation of the clock. Once installed, the Rotary Club of Brookings desires to turn ownership of the clock over to the City of Brookings. City staff and the Rotary Club have engaged to develop parameters and expectations for City Council’s consideration regarding the transfer of ownership. Fiscal Impact: The Rotary Club has raised funds to cover the costs of purchasing the clock. The City of Brookings will cover the annual insurance premium of approximately $15 and will split future maintenance and repair costs evenly with the Rotary Club. Recommendation: The City Council has the following options: 1.Approve as presented 2.Amend 3.Deny 4.Move the item to a work session 5.Do nothing Staff recommends approval. Attachments: Memo Resolution Bill of Sale Acceptance Agreement City of Brookings Printed on 6/26/2020Page 1 of 2 powered by Legistar™ File #:RES 20-060,Version:1 Map City of Brookings Printed on 6/26/2020Page 2 of 2 powered by Legistar™ City Council Agenda Memo From: Jacob Meshke, Assistant City Manager Council Meeting: June 30, 2020 Subject: Rotary Club Centennial Clock Person(s) Responsible: Jacob Meshke, Assistant City Manager Summary: The Resolution accepts a gift of a Centennial Clock to commemorate the Rotary Club of Brookings 100th Anniversary. The Rotary Club raised funds for the purchase and installation of the clock. The City will pay the annual insurance premium for the clock, and the Rotary Club and City will evenly split future maintenance and repair costs. Background: The Rotary Club of Brookings has raised funds to purchase a Centennial Clock to commemorate the Club’s 100th Anniversary. The Rotary Club worked closely with the City’s Development Review Team to select the location for the clock to be on the southeast corner of 5th Street and Main Avenue. The Rotary Club is currently working with the Engineering Department and Brookings Municipal Utilities to facilitate installation of the clock. Once installed, the Rotary Club of Brookings desires to turn ownership of the clock over to the City of Brookings. City staff and the Rotary Club have engaged to develop parameters and expectations for City Council’s consideration regarding the transfer of ownership. Item Details: Upon installation, the clock will become property of the City of Brookings. As outlined in the acceptance agreement, the clock will be covered by the City of Brookings insurance for which the City will pay the annual premium of approximately $15 per year. If the clock is damaged, and depending on the extent of the damage, the City and Rotary Club will equally split costs for repairs or the insurance deductible. The City’s insurance deductible for the clock will be $10,000. In five (5) to seven (7) years, it is common to enter an annual preventative maintenance contract for the clock. The cost of the preventative maintenance contract would be split between the City and Rotary Club at an estimated, total annual expense of $1,500. Legal Consideration: None. Strategic Plan Consideration: The Centennial Clock furthers the City of Brookings vision of being a connected community that pursues a complete lifestyle. The clock also enhances Downtown by adding to an authentic and welcoming environment. Financial Consideration: The Rotary Club has raised funds to cover the costs of purchasing the clock. The City of Brookings will cover the annual insurance premium of approximately $15 and will split future maintenance and repair costs evenly with the Rotary Club. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a work session 5. Do nothing Staff recommends approval of the resolution as presented. Supporting Documentation: 1. Resolution 2. Bill of Sale 3. Acceptance Agreement 4. Map Resolution 20-060 A Resolution Accepting a Gift of a Centennial Clock from the Rotary Club of Brookings to the City of Brookings, South Dakota Whereas, the Rotary Club of Brookings desires to gift and convey a Centennial Clock to the City of Brookings, South Dakota, to recognize the Brookings Rotary Club’s 100th Anniversary as a Club in Brookings; and Whereas, the City Council recognizes the many positive community services provided by the Brookings Rotary Club to the community of Brookings; and Whereas, the City of Brookings congratulates the Rotary Club on their 100th Anniversary as a club in Brookings; and Whereas, the City and the Rotary Club have developed an Acceptance / Maintenance Agreement concerning the Centennial Clock, the terms of which are mutually acceptable. Now, Therefore, Be It Resolved by the City Council that the Centennial Clock described above is hereby accepted by the City of Brookings, South Dakota , and the City Manager and City Clerk are authorized to execute the Rotary Centennial Clock Acceptance / Maintenance Agreement. Passed and approved this 30th day of June, 2020. CITY OF BROOKINGS Keith W. Corbett, Mayor ATTEST: Bonnie Foster, City Clerk BILL OF SALE KNOW ALL PERSONS BY THESE PRESENTS: That The Rotary Club of Brookings does hereby convey to the City of Brookings, South Dakota, ownership of a Centennial Clock to be located at the southeast corner of Main Avenue and 5th Street, in Brookings, South Dakota. This Bill of Sale is given for the purpose of conveying, as a gift and for no other consideration, all right, title and interest of The Rotary Club of Brookings in said Centennial Clock to the City of Brookings, South Dakota. Dated this ____ day of June, 2020. ROTARY CLUB OF BROOKINGS (SEAL) By: Its: President STATE OF SOUTH DAKOTA ) ) ss County of Brookings ) On this the ____ day of June, 2020, before me, ______________________________, the undersigned officer, personally appeared _________________, the President of The Rotary Club of Brookings, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument and acknowledged that he/she executed the within and foregoing instrument on behalf of The Rotary Club of Brookings as the free act and deed of The Rotary Club of Brookings. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ___________________________________ Notary Public, State of South Dakota (SEAL) My Commission expires _______________. ROTARY CENTENNIAL CLOCK ACCEPTANCE/MAINTENANCE AGREEMENT THIS ROTARY CENTENNIAL CLOCK ACCEPTANCE/MAINTENANCE AGREEMENT is entered into by and between the CITY OF BROOKINGS, South Dakota, a Municipal Corporation, (hereinafter referred to as “CITY”), and THE ROTARY CLUB OF BROOKINGS. WITNESSETH: WHEREAS, the parties desire to establish this Agreement concerning the acceptance and maintenance of the Rotary Club Centennial Clock. NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the City and the Rotary Club of Brookings hereby mutually agree as follows: 1. ACCEPTANCE The Rotary Club of Brookings has conveyed the ownership of the Centennial Clock to the City of Brookings as evidenced by the attached Bill of Sale. 2. LOCATION, REPAIRS AND INSURANCE (a) The Centennial Clock will be located at the southeast corner of Main Avenue and 5th Street. (b) Repairs to the Clock will be divided equally between The Rotary Club of Brookings and the City. If a Maintenance Agreement is purchased in 5 to 7 years by mutual agreement of the parties, the parties will divide the annual cost thereof. (c) The Clock will be covered by the City’s property/casualty policy, at the City’s expense. In the event of a damage claim, the parties will each pay one-half of the deductible portion toward the repair or replacement. (d) All other agreements between the parties shall be set forth in written amendments between the parties hereto. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this ____ day of June, 2020. CITY OF BROOKINGS (SEAL) By: ________________________________ ATTEST: Paul Briseno, City Manager ____________________________________ Bonnie Foster, City Clerk THE ROTARY CLUB OF BROOKINGS By: ________________________________ Its: President 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 20-056,Version:1 Action on Resolution 20-056, a Resolution Dissolving Tax Increment District #4 (Sieler Addition). Summary: Tax Increment District #4 was created to assist with the development of affordable housing in the Sieler Addition. All eligible project costs associated with the TIF have been satisfied as of June 2019. A resolution dissolving the TIF District is required per statute. Background: Tax Increment District #4 was created on August 26, 2008 to assist with infrastructure improvements for an affordable housing development. The eligible project costs associated with the TIF District totaled $475,000. The project costs have been satisfied and the procedure for dissolving Tax Increment District #4 requires the City Council to adopt a resolution dissolving the district. Fiscal Impact: The property tax increment designated for repayment of the project costs will now be distributed to taxing entities. Recommendation: Staff recommends approval. Attachments: Memo Resolution Map City of Brookings Printed on 6/26/2020Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Mike Struck, Community Development Director Council Meeting: June 30, 2020 Subject: Dissolution TIF #4 (Sieler Addition) Person(s) Responsible: Mike Struck, Community Development Director Summary: All project costs associated with Tax Increment District #4 have been satisfied as of June 2019 and no further costs are associated with the project. This is a required process to dissolve the district according to SDCL 11-9-46. Background: Tax Increment District #4 was created on August 26, 2008 to assist in the infrastructure improvements for an affordable housing development. The Sieler Addition, was an affordable housing project in which a minimum of 33 single-family residential lots were developed with a maximum price of $160,000. The project costs associated with the installation of the roads, curbing, pavements, street lighting, fire hydrants, water and waste water infrastructure was $475,000 plus interest and administrative expenses. Tax Increment District #4 expenses were paid in full as of June 2019. Any funds remaining in the Tax Increment District #4 account will be reimbursed to the appropriate tax entities, such as Brookings County, Brookings School District, City of Brookings, and East Dakota Water Development District. Item Details: The project costs associated with Tax Increment District #4 have been satisfied. Approval of the resolution will dissolve Tax Increment District #4 and the property taxes generated from the residential homes within the district will be distributed to the appropriate tax entities. Legal Consideration: South Dakota Codified Law 11-9-46, Termination of District, provides the guidance to dissolve a Tax Increment District. 11-9-46 Termination of district. The existence of a district shall terminate when: (1) Positive tax increments are no longer allocable to a district under SDCL 11-9-25; or (2) The governing body, by resolution, dissolves the district, after payment or provision for payment of all project costs, grants, and all tax increment bonds of the district. Strategic Plan Consideration: None. Financial Consideration: Project costs associated with Tax Increment District #4 have been satisfied based upon the positive tax increment generated from the project. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a work session 5. Do nothing Staff recommends approval of the resolution as presented. Supporting Documentation: Memo Resolution Map Resolution 20-056 Resolution Dissolving Tax Increment District #4 of the City of Brookings, South Dakota Whereas, the City of Brookings created Tax Increment District Number Four on August 26, 2008; and Whereas, under SDCL §11-9-46 a tax incremental district shall terminate when either (1) the positive tax increments are no longer allocable to a district under § 11-9-25 or (2) the governing body, by resolution, dissolves the district, after payment or provision for payment of all project costs and all tax incremental bonds and notes of the district; and Whereas, all project costs incurred or obligations issued pledging tax increment revenues have been satisfied. Now Therefore, Be It Resolved by the City of Brookings, South Dakota as follows: Section 1. Termination. Tax Increment District Number Four shall be terminated as of the date of this resolution. Section 2. Allocation of Tax Increment Fund. Any moneys remaining in the Tax Increment Number Four fund, shall be paid to the treasurer of the county, school district, or other tax-levying municipality or to the general fund of the municipality in such amounts as belong to each respectively, having due regard for what portion of such moneys, if any, represents tax increments not allocated to the municipality and what portion thereof, if any, represents voluntary deposits of the municipality into the fund. Section 3. Authorization of Officers. The officers of the city shall take such action as is necessary to carry out the intent of this resolution. Passed and approved this 30th day of June 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 20-057,Version:1 Action on Resolution 20-057, a Resolution Dissolving Tax Increment District #3 (Valley View Addition). Summary: Tax Increment District #3 was created to assist with the development of affordable housing in the Valley View Addition. All eligible project costs associated with the TIF have been satisfied as of April 2019. A resolution dissolving the TIF District is required per statute. Background: Tax Increment District #3 was created on June 10, 2008 to assist with infrastructure improvements for an affordable housing development. The eligible project costs associated with the TIF District totaled $1,035,000. The project costs have been satisfied and the procedure for dissolving Tax Increment District #3 requires the City Council to adopt a resolution dissolving the district. Fiscal Impact: The property tax increment designated for repayment of the project costs will now be distributed to taxing entities. Recommendation: Staff recommends approval. Attachments: Resolution Memo Map City of Brookings Printed on 6/26/2020Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Mike Struck, Community Development Director Council Meeting: June 30, 2020 Subject: Dissolution TIF #3 (Valley View Addition) Person(s) Responsible: Mike Struck, Community Development Director Summary: All project costs associated with Tax Increment District #3 (Valley View Addition) have been satisfied as of April 2019 and no further costs are associated with the project. This is a required process to dissolve the district according to SDCL 11-9-46. Background: Tax Increment District #3 was created on June 10, 2008 to assist in the infrastructure improvements for an affordable housing development. The Valley View Addition, was an affordable housing project in which a minimum of 65 single-family residential lots were developed with a maximum price of $160,000. The project costs associated with the installation of the roads, curbing, pavements, street lighting, fire hydrants, water and waste water infrastructure was $1,035,000 plus interest and administrative expenses. Tax Increment District #3 expenses were paid in full as of April 2019. Any funds remaining in the Tax Increment District #3 account will be reimbursed to the appropriate tax entities, such as Brookings County, Brookings School District, City of Brookings, and East Dakota Water Development District. Item Details: The project costs associated with Tax Increment District #3 have been satisfied. Approval of the resolution will dissolve Tax Increment District #3 and the property taxes generated from the residential homes within the district will be distributed to the appropriate tax entities. Legal Consideration: South Dakota Codified Law 11-9-46, Termination of District, provides the guidance to dissolve a Tax Increment District. 11-9-46 Termination of district. The existence of a district shall terminate when: (1) Positive tax increments are no longer allocable to a district under SDCL 11-9-25; or (2) The governing body, by resolution, dissolves the district, after payment or provision for payment of all project costs, grants, and all tax increment bonds of the district. Strategic Plan Consideration: None. Financial Consideration: Project costs associated with Tax Increment District #3 have been satisfied based upon the positive tax increment generated from the project. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Move the item to a work session 5. Do nothing Staff recommends approval of the resolution as presented. Supporting Documentation: Memo Resolution Map Resolution 20-057 Resolution Dissolving Tax Increment District Number #3 of the City of Brookings, South Dakota Whereas, the City of Brookings created Tax Increment District Number Three on June 10, 2008; and Whereas, under SDCL §11-9-46 a tax incremental district shall terminate when either (1) the positive tax increments are no longer allocable to a district under § 11-9-25 or (2) the governing body, by resolution, dissolves the district, after payment or provision for payment of all project costs and all tax incremental bonds and notes of the district; and Whereas, all project costs incurred or obligations issued pledging tax increment revenues have been satisfied. Now Therefore, Be It Resolved by the City of Brookings, South Dakota as follows: Section 1. Termination. Tax Increment District Number Three shall be terminated as of the date of this resolution. Section 2. Allocation of Tax Increment Fund. Any moneys remaining in the Tax Increment Number Three fund, shall be paid to the treasurer of the county, school district, or other tax-levying municipality or to the general fund of the municipality in such amounts as belong to each respectively, having due regard for what portion of such moneys, if any, represents tax increments not allo cated to the municipality and what portion thereof, if any, represents voluntary deposits of the municipality into the fund. Section 3. Authorization of Officers. The officers of the city shall take such action as is necessary to carry out the intent of this resolution. Passed and approved this 30th day of June. 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 #:ID 20-0283,Version:1 Discussion and Possible Action to Authorize Encroachment Easement for 420 Main Avenue into the Public Right-of-Way. Summary: Approval of an Encroachment Easement to build into the public right-of-way at 420 Main Ave. Background: The City Engineering Department received a request to construct two doorways at 420 Main Avenue such that the doors swing into the public right-of-way on Main Avenue. The request involves a north double door and a south single door. The property owner applied for and obtained a building permit for a remodeling project that included door installation. The site plan approved by the Engineering Department showed that the previous alcove for the north double doors would be replaced and the alcove would remain so the new doors would not swing into the right-of-way. The site plan for the south door showed the new door swinging into the right-of-way; however, staff did not receive shop drawings on the doors or windows to determine the size of the encroachment. The property owner supplied the attached information: ·Description of reasons for encroachment ·Red-line drawings showing the encroachment locations ·Survey drawing with encroachment dimensions ·Insurance Certificate Engineering staff reviewed the submitted information. Staff is recommending the following: ·The north double doors previously had an alcove which was shown to remain in the approved building plans. Staff recommends the doors should be constructed as an alcove as approved by the Engineering Department on the building permit. The alcove would prevent the doors from swinging into the right-of-way. ·The south door previously encroached approximately 21 inches into the right of way, and the new door was constructed with a flush-mount hinge system, which creates a 2.9-foot encroachment when the door is fully open. o The criteria in Resolution 20-017 (1) states “The applicant shall explore other alternatives that might remove the need for the use of public property”. After the doorway was constructed, the City received the exhibit from Civil Design Inc. which showed the 2.9’ encroachment. It is City staff’s opinion that other alternatives were not City of Brookings Printed on 6/26/2020Page 1 of 2 powered by Legistar™ File #:ID 20-0283,Version:1 explored, such as constructing an alcove. Another alternative would be to swing the door inward. The City would allow the door to swing inward since the design inside the building has changed where the occupancy could be limited to 49 people and a sign would need to be posted. Recommendation: Staff is recommending the following motion: “Motion to remove the encroachment into the public right -of-way for both the north and the south door at 420 Main Avenue.” Attachments: Memo Resolution 20-017 Ordinance 74-32 Application Pictures City of Brookings Printed on 6/26/2020Page 2 of 2 powered by Legistar™ City Council Agenda Memo From: Jackie Lanning, City Engineer Council Meeting: June 30, 2020 Subject: Encroachment Easement for 420 Main Avenue Encroachment into Public Right-of-Way Person(s) Responsible: Jackie Lanning, City Engineer Summary: This resolution will amend the criteria for building in the public right-of-way. Background: The City Council adopted Resolution 20-017 on February 25, 2020, to revise the criteria for building in the public right-of-way (attached). The City Council also adopted an amendment to the City Ordinance to allow construction in the public right of way. The follow is an excerpt from Brookings City Ordinance Chapter 74 -32: Sec. 74-32. - Building upon public right-of-way prohibited; exceptions. (a) No person may erect or maintain any building in a location or position that the building shall stand, in whole or in part, upon any public street, road, alley or sidewalk in the city. (b) No building may be constructed so that any part of the building shall proj ect into or over any street, road, alley or sidewalk, except jut windows, cornices and other projections from a building above the first story may extend over an adjoining street, road, alley or sidewalk a distance not exceeding 18 inches. (c) No person, without written authorization from the city council as provided in this section, may construct any improvement, including any step, deck, landing or other entrance to any building extending over or upon the sidewalk, nor shall any person erect in or upon any public street, alley or road any flight of stairs or steps leading to any floor of any building. (d) Any building or improvement erected or maintained in violation of this section shall be deemed a public nuisance and may be abated. (e) Any person seeking authorization to construct a step, deck, landing or other entrance to any building located within the B -1 central business district which will extend over or upon the sidewalk shall first file an application with the city engineer. (f) The city engineer, upon receipt of an application for authorization which conforms to the criteria, standards and specifications established by resolution of the city council, shall issue a recommendation concerning a request to construct an improvement to extend upon or over the sidewalk within the B -1 central business district in the city; provided, however, that the erection of such constructed improvement shall not occur unless approved by the city council, and if approved, shall be in conformity with the criteria, standards and specifications approved by the city council and on file in the office of the city engineer. (g) The city council, upon receiving the city engineer's recommendation, may issue a written authorization and easement to construct an improvement upon the public sidewalk within the B-1 central business district upon such terms and conditions as the city council determines appropriate in the circumstances. (Code 1996, § 33-34; Ord. No. 24-04, § I, 11-23-2004) Item Details: The City Engineering Department received a request to construct two doorways at 420 Main Avenue such that the doors swing into the public right-of-way on Main Avenue. The request involves a north double door and a south single door. The property owner applied for and obtained a building permit for a remodeling project that included door installation. The site plan approved by the Engineering Department showed that the previous alcove for the north double doors would be replaced and the alcove would remain so the new doors would not swing into the right-of-way. The site plan for the south door showed the new door swinging into the right-of-way, however, staff did not receive shop drawings on the doors or windows to determine the size of the encroachment. The property owner supplied the attached information:  Description of reasons for encroachment  Red-line drawings showing the encroachment locations  Survey drawing with encroachment dimensions  Insurance Certificate Engineering staff reviewed the submitted information. Staff is recommending the following:  Staff concurs that both doors are required to swing outward due to exiting requirements for the occupancy of the building use.  The north double doors previously had an alcove which was shown to remain in the approved building plans. Staff recommends the doors should be constructed as an alcove as approved by the Engineering Department on the building permit to remove the encroachment into the right of way. The alcove would prevent the doors from swinging into the right-of-way.  The south door previously encroached approximately 21 inches into the right of way, and the new door was constructed with a flush -mount hinge system, which creates a 2.9-foot encroachment when the door is fully open. o The criteria in Resolution 20-017 (1) states “The applicant shall explore other alternatives that might remove the need for the use of public property”. The submitted plans showed the door swinging into the right-of- way, however, staff did not receive shop drawings on the doors or windows to determine the size of the encroachment. After the doorway was constructed, the City received the exhibit from Civil Design Inc. which showed the 2.9’ encroachment. It is City staff’s opinion that other alternatives were not explored, such as constructing an alcove. Another alternative would be to swing the door inward. The City would allow the door to swing inward since the design inside the building has changed where the occupancy could be limited to 49 people and a sign would need to be posted. o Staff recommends installing the door to remove the encroachment from the right-of-way. The following exhibits are provided:  Resolution 20-017 Criteria for Building in the Public Right of Way  Ordinance 74-32 Building Upon Public Right of Way Prohibited; Exceptions  Exhibit A: Application  Exhibit B: City pictures of door locations Legal Consideration: The City Council would have the authority to grant authorization for the encroachment. If granted, the City will draft an easement to reflect the approved encroachment. Strategic Plan Consideration: NA Financial Consideration: None. Options and Recommendation: Staff is recommending the following motion: “Motion to remove the encroachment into the public right-of-way for both the north door and the south door at 420 Main Avenue.” The City Council has the following options: 1. Approve the motion as presented. 2. Deny 3. Amend the motion 4. Move the item to a work session 5. Do nothing Supporting Documentation: 1. Resolution 20-017 2. Ordinance 74-32 3. Application 4. Pictures Sec. 74-32. - Building upon public right-of-way prohibited; exceptions. (a) No person may erect or maintain any building in a location or position that the building shall stand, in whole or in part, upon any public street, road, alley or sidewalk in the city. (b) No building may be constructed so that any part of the building shall project into or over any street, road, alley or sidewalk, except jut windows, cornices and other projections from a building above the first story may extend over an adjoining street, road, alley or sidewalk a distance not exceeding 18 inches. (c) No person, without written authorization from the city council as provided in this section, may construct any improvement, including any step, deck, landing or other entrance to an y building extending over or upon the sidewalk, nor shall any person erect in or upon any public street, alley or road any flight of stairs or steps leading to any floor of any building. (d) Any building or improvement erected or maintained in violation of this section shall be deemed a public nuisance and may be abated. (e) Any person seeking authorization to construct a step, deck, landing or other entrance to any building located within the B-1 central business district which will extend over or upon the sidewalk shall first file an application with the city engineer. (f) The city engineer, upon receipt of an application for authorization which conforms to the criteria, standards and specifications established by resolution of the city council, shal l issue a recommendation concerning a request to construct an improvement to extend upon or over the sidewalk within the B-1 central business district in the city; provided, however, that the erection of such constructed improvement shall not occur unless approved by the city council, and if approved, shall be in conformity with the criteria, standards and specifications approved by the city council and on file in the office of the city engineer. (g) The city council, upon receiving the city engineer's re commendation, may issue a written authorization and easement to construct an improvement upon the public sidewalk within the B -1 central business district upon such terms and conditions as the city council determines appropriate in the circumstances. (Code 1996, § 33-34; Ord. No. 24-04, § I, 11-23-2004) ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 6/22/2020 (605) 274-2626 18988 Kind Holdings, LLC 120 Main Ave S Brookings, SD 57006 A 1,000,000 X 77885258 6/19/2020 6/19/2021 300,000 10,000 1,000,000 2,000,000 2,000,000 Additional Insured - City of Brookings - Policy endorsed for Form #CG 20 12 - hold harlmess clause for the life of the structure located in the public right-of-way. City of Brookings Brookings, SD 57006 KINDHOL-01 RKOCH McKinneyOlson Insurance 1412 S. Minnesota Avenue Sioux Falls, SD 57105 Rhonda Koch rhondak@mckinneyolson.com Auto-Owners Insurance X X X 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 20-0289,Version:1 Executive Session, pursuant to SDCL 1-25-2, for preparing for contract negotiations or negotiating with employees or employee representatives. 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 6/29/2020Page 1 of 1 powered by Legistar™