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Home My WebLink About2020_11_24 CC PKTCity Council City of Brookings Meeting Agenda - Final Brookings City Council Brookings City & County Government Center 520 3rd St., Suite 230 Brookings, SD 57006 Phone: (605) 692-6281 Fax: (605) 692-6907 "We are an inclusive, diverse, connected community that fuels the creative class, embraces sustainability and pursues a complete lifestyle. We are committed to building a bright future through dedication, generosity and authenticity. Bring your dreams!" Council Chambers6:00 PMTuesday, November 24, 2020 The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse economic base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal management. 6:00 PM REGULAR MEETING 1. Call to Order / Pledge of Allegiance. 2. Record of Council Attendance. 3. Consent Agenda: Action: Motion to Approve, Request Public Comment, Roll Call Matters appearing on the Consent Agenda are expected to be non-controversial and will be acted upon by the Council at one time, without discussion, unless a member of the Council or City Manager requests an opportunity to address any given item. Items removed from the Consent Agenda will be discussed at the beginning of the formal items. Approval by the Council of the Consent Agenda items means that the recommendation of the City Manager is approved along with the terms and conditions described in the agenda supporting documentation. 3.A. Action to approve the agenda. 3.B.ID 20-0489 Action to approve the November 10 and November 17, 2020 City Council minutes. 11/10/2020 Minutes 11/17/2020 Minutes Attachments: 3.C.ID 20-0482 Action on annual Liquor and Wine Alcohol License Renewals for 2021. 3.D.ID 20-0475 Action on appointments to City Boards, Committees and Commissions. Page 1 City of Brookings November 24, 2020City Council Meeting Agenda - Final 3.E.RES 20-100 Action on Resolution 20-100, a Resolution declaring surplus property for the City of Brookings. ResolutionAttachments: 4. Items removed from Consent Agenda. Action: Motion to Approve, Request Public Comment, Roll Call 5. Open Forum/Presentations/Reports: 5.A. Open Forum. At this time, any member of the public may request time on the agenda for an item not listed. Items are typically scheduled for the end of the meeting; however, very brief announcements or invitations will be allowed at this time. 5.B. SDSU Student Association Report. 5.C.ID 20-0458 Presentation: Mayor’s Generational Leadership Award Press ReleaseAttachments: 5.D.ID 20-0493 Presentation: Proclamation recognizing November 28, 2020 as Small Business Saturday. ProclamationAttachments: 6. Contracts/Change Orders: 6.A.RES 20-099 Action on Resolution 20-099, a Resolution Authorizing Change Order No. 1(Final) for 2020-05STI, Moriarty Park Drainage Improvement Project, Rounds Construction, Inc. Memo Resolution Map 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. 8. Public Hearings and Second Readings: 8.A.ID 20-0476 Public Hearing and Action on a request to transfer an On-Off Sale Malt License, with Video Lottery, from Brookings Developers, Inc., Lyle Prussman, owner, dba Gas N Mor, to MG Oil Company, dba Corner Pantry 24, Marlyn Erickson and Troy Erickson, owners, 600 6th Street, legal Page 2 City of Brookings November 24, 2020City Council Meeting Agenda - Final description: Lots 5-7, Block 11, Second Addition. Memo Legal Notice City Code and SDCL References Location Map Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 8.B.ORD 20-024 Second Reading on Ordinance 20-024, an Ordinance Authorizing Supplemental Appropriation #6 to the 2020 Budget - Parts 1-3. Memo Ordinance Attachments: Action: Motion to Approve, Request Public Comment, Roll Call Legislative History 11/10/20 City Council read into the record 9. Other Business: 10.ID 20-0490 COVID-19 Update. 11.ID 20-0491 City of Brookings Progress Report. 12. City Council member introduction of topics for future discussion. Any Council Member may request discussion of any issue at a future meeting only. Items cannot be added for action at this meeting. A motion and second is required stating the issue, requested outcome, and time. A majority vote is required. 13. Executive Session 13.A.ID 20-0492 Executive Session, pursuant to SDCL 1-25-2, for Consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters, and Discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business. Action: Motion to enter into Executive Session, Voice Vote Action: Motion to exit Executive Session, Voice Vote 14. Adjourn. Brookings City Council: Keith Corbett, Mayor; Patty Bacon, Deputy Mayor Council Members Leah Brink, Joey Collins, Ope Niemeyer, Holly Tilton Byrne, and Nick Wendell Page 3 City of Brookings November 24, 2020City Council Meeting Agenda - Final Council Staff: Paul M. Briseno, City Manager Steven Britzman, City Attorney Bonnie Foster, City Clerk View the City Council Meeting Live on the City Government Access Channel 9. Rebroadcast Schedule: Wednesday 1:00pm/Thursday 7:00pm/Friday 9:00pm/Saturday 1:00pm The complete City Council agenda packet is available on the city website: www.cityofbrookings.org Assisted Listening Systems (ALS) are available upon request by contacting (605) 692-6281. If you require additional assistance, alternative formats, and/or accessible locations consistent with the Americans with Disabilities Act, please contact Susan Rotert, City Human Resources Director and ADA Coordinator at (605) 692-6281 at least three working days prior to the meeting. Page 4 City of Brookings City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 20-0489,Version:1 Action to approve the November 10 and November 17, 2020 City Council minutes. Attachments: 11/10/2020 Minutes 11/17/2020 Minutes City of Brookings Printed on 11/20/2020Page 1 of 1 powered by Legistar™ Brookings City Council November 10, 2020 (unapproved) The Brookings City Council held a meeting on Tuesday, November 10, 2020 at 6:00 PM, at the City & County Government Building Chambers with the following City Council members present: Mayor Keith Corbett and Council Members Holly Tilton Byrne, Leah Brink, Patty Bacon, Joey Collins, Nick Wendell, and Oepke Niemeyer. City Attorney Steve Britzman, City Manager Paul Briseno, and Assistant City Manager Jacob Meshke were also present. City Clerk Bonnie Foster was absent. 6:00 PM REGULAR MEETING Consent Agenda. A motion was made by Council Member Niemeyer, seconded by Council Member Wendell, to approve the agenda. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins. 3.A. Action to approve the agenda. 3.B. Action to approve the October 27, 2020 City Council Minutes. 3.C. Action on Resolution 20-093, a Resolution authorizing the City Manager to sign a Wine Operating Agreement renewal for the Swiftel Center, Tom Richter, Executive Director, 824 32nd Avenue, legal description: Blocks 4-5, Wiese Addition. Resolution 20-093 - Wine Operating Agreement - renewal Swiftel Center Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Renewal for the Wine Operating Management Agreement between the City of Brookings and the Swiftel Center, Tom Richter, Executive Director, for the purpose of a manager to operate the on-sale establishment or business for and on behalf of the City of Brookings at 824 32nd Ave., legal description: Blocks 4-5, Wiese Addition. Now, Therefore, Be It Further Resolved that the City Manager be authorized to execute the Agreement on behalf of the City, which shall be for a period of ten (10) years, with a renewal in five (5) years. 3.D. Action on Resolution 20-092, a Resolution authorizing the City Manager to sign a Wine Operating Agreement renewal for Wal-Mart Supercenter #1538, Dennis Tramp, Store Manager, 2233 6th Street, legal description: Lot 2, Tract A-Z of Blocks 9-10, Telkamp Addition. Resolution 20-092 - Wine Operating Agreement - renewal Wal-Mart Supercenter #1538 Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Renewal for the Wine Operating Management Agreement between the City of Brookings and Wal-Mart Supercenter #1538, Dennis Tramp, Store Manager, for the purpose of a manager to operate the on-sale establishment or business for and on behalf of the City of Brookings at 2233 6th St., legal description: Lot 2, Tract A -Z of Blocks 9-10, Telkamp Addition. Now, Therefore, Be It Further Resolved that the City Manager be authorized to execute the Agreement on behalf of the City, which shall be for a period of ten (10) years, with a renewal in five (5) years. Open Forum. Brian Finch, Vice-President of South Dakota Pheasants, a women's professional football team, shared with the City Council and public they are looking for sponsors in order to call Brookings their home. Bradley Walker expressed concerns about the mask mandate, and the preparedness for when SDSU students return to Brookings after winter break. SDSU Student Association Report. Zebadiah Johnson, SDSU Students Association Government Affairs Chair, provided an update on SDSU happenings to the City Council and public. 3rd Quarter CFO Report. Erick Rangel, Chief Financial Officer, provided the 3rd Quarter Report to the City Council and public. Resolution 20-087. A motion was made by Council Member Collins, seconded by Council Member Niemeyer, that Resolution 20-087, a Resolution Awarding Bids on City Crop Land Lease by the Brookings Regional Landfill (120 acres), be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins. Resolution 20-087 - Resolution Awarding Bids on Crop Land Lease at the Brookings Regional Landfill (120 acres) Whereas, the City of Brookings opened bids for approximately 120 acres of Landfill Crop Land Lease for the City-owned parcel located in Section 8-T110N-R49W located north of the Brookings Regional Landfill on Tuesday, October 27, 2020 at 1:30 PM at the Brookings City & County Government Center; and Whereas, the City of Brookings received the following bids for the Landfill Crop Land Lease: James Meyer, White, SD $ 227.00/acre, David Rochel, Elkton, SD $ 218.00/acre, Tim and Dan Bauer Elkton, SD - $167.50/acre, and LNJ Farms Aurora, SD $ 135.00/acre. Whereas, the lease will be for a period of (5) five years, commencing on January 1, 2021 and ending on December 31, 2025; and Whereas, the annual rent payment will be due on April 1st of each year; and Whereas, if a portion of the farm land is to be used for Solid Waste activities, the number of acres to be paid for will be adjusted at the bid price of $227.00 per acre. Now Therefore, Be It Resolved that the bid be awarded to the high bidder, James Meyer, White, SD for $227.00. Resolution 20-095. A motion was made by Council Member Wendell, seconded by Council Member Niemeyer, that Resolution 20-095, a Resolution Awarding Bids on City Crop Land Lease in Wiese and Freeland Additions, be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins. Resolution 20-095 - Resolution Awarding Bids on City Crop Land Lease in Wiese and Freeland Additions Whereas, the City of Brookings opened bids for approximately 40 acres of City Crop Land Lease for City-owned parcels located in Wiese Addition and Freeland Additions on Tuesday, November 3, 2020 at 1:30 PM at the Brookings City & County Government Center; and Whereas, the City of Brookings has received the following bids for City Crop Land Lease: Lyle Bothe - $170.00 per acre; Tim & Dan Bauer - $157.50; and Whereas, the Crop Land Lease will be a one-year lease for 2021, renewable for one additional year in 2022. Now, Therefore, Be It Resolved that the high bid of Lyle Bothe for $170.00 per acre be accepted. Resolution 20-096. A motion was made by Council Member Niemeyer, seconded by Council Member Wendell, that Resolution 20-096, a Resolution Awarding Bids for City Hay Land Lease in Section 21-T110N-R50W (West of Brookings Airport), be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins. Resolution 20-096 - Resolution Awarding Bids on City Hay Land Lease in Section 21-T110N-R50W (West of Brookings Airport) Whereas, the City of Brookings opened bids for approximately 85 acres of City Hay Land for the City-owned parcel located in Section 21-T110-R50W on Tuesday, November 3, 2020 at 1:30 PM at the Brookings City & County Government Center; and Whereas, the City of Brookings has received the following bids for City Hay Lease: Lyle Bothe - $111.00 per acre; Lyle Johnson - $85.00 per acre and Tim & Dan Bauer - $51.00 per acre; and Whereas, the Hay Land Lease will be a two-year lease for 2021 and 2022, renewable for two additional, one year terms for 2023 and 2024. Now, Therefore, Be It Resolved that the high bid of $111.00 per acre from Lyle Bothe be accepted. Resolution 20-097. A motion was made by Council Member Niemeyer, seconded by Council Member Collins, that Resolution 20-097, a Resolution Awarding Bids for City Hay Land Lease in Section 11-T109N-R50W (Main Ave. S. & 32nd St. So.), be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins. Resolution 20-097 - Resolution Awarding Bids on City Hay Land Lease in Section 11-T109N-R50W (32nd Street South and Main Avenue South) Whereas, the City of Brookings opened bids for a two-year lease of approximately 18 acres of City Hay Land in Section 11-T109N-R50W, southeast of 32nd Street South and Main Avenue South, on Tuesday, November 3, 2020 at 1:30 PM at the Brookings City & County Government Center; and Whereas, the City of Brookings has received the following bids for City Hay Land Lease: Lyle Bothe - $52.50 per acre, Tim & Dan Bauer - $40.00/acre and Lyle Johnson - $35.00/acre; and Whereas, the Hay Land Lease will be a two-year lease for 2021 and 2022, renewable for two additional, one year terms for 2023 and 2024. Now, Therefore, Be It Resolved that the high bid from Lyle Bothe for $52.50 per acre be accepted. FIRST READING – Ordinance 20-024. An introduction and first reading was held on Ordinance 20-024, an Ordinance Authorizing Supplemental Appropriation #6 to the 2020 Budget - Parts 1-3. Second Reading: November 24, 2020. Ordinance 20-023. A public hearing was held on Ordinance 20-023, an Ordinance Rezoning Lots 8A, 9, 10, 11, 12 & 13 Block 1, Fox Run Addition, from a Residence R-2 Two-Family District, Residence R-1D Single-Family / Residence R-2 Two-Family District, and Residence R-1D Single-Family District to a Residence R-3 Apartment District (Generally located south of 20th Street South and east of Fox Run Trail). A motion was made by Council Member Wendell, seconded by Council Member Niemeyer, that Ordinance 20-023 be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins. Resolution 20-088. A motion was made by Council Member Wendell, seconded by Council Member Niemeyer, that Resolution 20-088, a Resolution Approving Special Assessments for Snow Removal and Mowing, be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins. Resolution 20-088 - Resolution Approving Special Assessments for Snow Removal and Mowing Whereas, the City Manager has submitted to the City Council Special Assessments against the owner and legal description listed below as herein after set out for weed removal and snow removal fees. Be It Resolved, by the City Council of the City of Brookings, South Dakota, these fees be assessed, in accordance with South Dakota Codified Law 9-32-12 as follows: Celink, 723 Main Ave., Mowing, $195.00; Jacob Clement, 725 9 th Street, Snow Removal, $300.00; Hennen Properties, 1342 4th St. / 321 4th St., Snow Removal, $295.00; Katherine & John Holland, 1646 15th St. S./ 1504 17th Ave. So., Snow Removal, $690.00; David Knudsen, 914 2nd St., Mowing/Snow Removal, $1,140.00 Resolution 20-089. A motion was made by Council Member Niemeyer, seconded by Council Member Wendell, that Resolution 20-089, a Resolution amending Tax Increment District Number One (#1) Project Plan, be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins. Resolution 20-089 - Resolution Amending Tax Increment District Plan Number One (#1) Whereas, the Planning Commission pursuant to SDCL § 11 -9-18 has passed an amendment to the project plan of Tax Increment District Number One; and Whereas, Tax Increment District Number One has $1,914,272.40 of Project Costs (the “Remaining Project Costs”) yet to be spent; and Whereas, the duration of Tax Increment District Number One is twenty (20) years pursuant to SDCL § 11-9-25; and Whereas, pursuant to SDCL § 11-9-18, the City Council is required to approve any amendment to the initial project plan. Now, Therefore, Be It Resolved by the City Council of the City of Brookings, South Dakota, that Tax Increment District Number One initial Project Plan be amended to reflect that the duration of Tax Increment District Number One shall be twenty (20) years and the Remaining Project Costs shall be incurred and paid for 10,000 linear feet of infrastructure prior to the expiration of the Tax Increment District Number One. Resolution 20-090. A motion was made by Council Member Wendell, seconded by Mayor Corbett, that Resolution 20-090, a Resolution approving Tax Increment District #9 Project Plan, be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins. Resolution 20-090 - Resolution Approving Tax Increment Financing District Number Nine (#9) Project Plan Whereas, the Brookings Planning Commission has recommended the approva l of the Tax Increment Financing District Number Nine Project Plan, City of Brookings; and Whereas, the City Council finds that all requirements have been met in order to approve said Tax Increment Plan. Now, Therefore, Be It Resolved by the City Council 1. Approval of Project Plan. The project plan, a copy of which is on file with the City Finance Officer hereby approved. 2. Findings. The City Council finds that the project plan is feasible and that it conforms to the City’s master plan. All findings made in the tax increment financing project plan are included herein by reference. 3. Effective 20 days after publication. This resolution shall become effective 20 days after publication and absent any challenge at law all findings and conclusions in the Tax Increment Financing Project Plan for Tax Increment Financing District Number Nine, City of Brookings shall be final. Resolution 20-091. A motion was made by Council Member Niemeyer, seconded by Council Member Wendell, that Resolution 20-091, a Resolution approving Tax Increment District #10 Project Plan, be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins. Resolution 20-091 - Resolution Approving Tax Increment Financing District Number Ten (#10) Project Plan Whereas, the Brookings Planning Commission has recommended the approval of the Tax Increment Financing District Number Ten Project Plan, City of Brookings; and Whereas, the City Council finds that all requirements have been met in order to approve said Tax Increment Plan. Now, Therefore, Be It Resolved by the City Council 1. Approval of Project Plan. The project plan, a copy of which is on file with the City Finance Officer hereby approved. 2. Findings. The City Council finds that the project plan is feasible and that it conforms to the City’s master plan. All findings made in the tax increment financing project plan are included herein by reference. 3. Effective 20 days after publication. This resolution shall become effective 20 days after publication and absent any challenge at law all findings and conclusions in the Tax Increment Financing Project Plan for Tax Increment Financing District Number Ten, City of Brookings shall be final. Resolution 20-098. A motion was made by Council Member Bacon, seconded by Council Member Wendell, that Resolution 20-098, a Resolution budgeting Third Penny Sales Tax Funds for the Brookings Area Chamber Gift Card Give Back Program, be approved. Public Comment: Kelsey Doom. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins. Resolution 20-098 - A Resolution Budgeting Third Penny Sales Tax Funds for the Brookings Area Chamber Gift Card Give Back Program Be It Resolved, that the City of Brookings budgeted funds for the Downtown at Sundown Program which were not utilized due to the COVID-19 pandemic, and will use these funds to fund the Brookings Chamber Gift Card Give Back Program. Financing Source for this appropriation is from the following account: 284-000-5-856-72 Downtown at Sundown $ 23,294.00 Total amount budgeted for this expenditure $ 23,294.00 Whereas, this resolution is deemed necessary for the immediate preservation of the public peace, health, safety and support of the City, and shall become effective upon publication. Discussion on transitioning to virtual City Council Meetings. The City Council held discussion on being prepared to transition to virtual City Council Meetings if the COVID - 19 pandemic situation requires this move. No action was taken. COVID-19 Update. City Manager Paul Briseno provided an update on COVID-19 to the City Council and public. Executive Session. A motion was made by Council Member Wendell, seconded by Council Member Niemeyer, to enter into Executive Session at 7:28 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 Manager, and City Attorney present. The motion carried by a unanimous vote. A motion was made by Council Member Wendell, seconded by Council Member Tilton Byrne, to exit Executive Session at 8:15 p.m. The motion carried by a unanimous vote. Adjourn. A motion was made by Council Member Wendell, seconded by Council Member Collins, that this meeting be adjourned at 8:18 p.m. The motion carried by a unanimous vote. CITY OF BROOKINGS __________________________ ATTEST: Keith W. Corbett, Mayor __________________________ Bonnie Foster, City Clerk Brookings City Council November 17, 2020 (unapproved) The Brookings City Council held a Study Session on Tuesday, November 17, 2020 at 5:30 PM, at the Brookings City & County Government Center Chambers with the following City Council members present: Mayor Keith Corbett; City Council Members Patty Bacon, Nick Wendell, Joey Collins, Leah Brink, Holly Tilton Byrne, and Ope Niemeyer. City Manager Paul Briseno, City Attorney Steve Britzman and Assistant City Manager Jake Meshke were also present. City Clerk Bonnie Foster was absent. Action to approve the agenda. A motion was made by Council Member Wendell, seconded by Council Member Collins, that the agenda be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins. Presentation on SDSU’s Green Stormwater Infrastructure Research Project. Jeremiah Bergstrom from SDSU School of Design and John McMaine, SDSU School of Agricultural and Biosystems Engineering, presented information about stormwater, green infrastructure, and sustainability. The presentation included information about the SDSU Green Stormwater Infrastructure Research Project which was developed by the SDSU School of Design - Landscape Architecture Program in partnership with SDSU Extension. The project was sponsored by the California Landscape Architectural Student Scholarship Fund and the East Dakota Water Development District. (Council Member Patty Bacon joined the meeting 5:39 p.m.) Presentation on Engage Brookings. Jake Meshke, Assistant City Manager, provided an overview on the use and functionality of Engage Brookings, a mobile application and online platform which allows for the submission of service requests, access to information and social media, and departmental contacts. Engage Brookings provides an additional means to engage the public, enhance customer service and responsiveness, and promote connectivity. The platform also provides benefits to staff in managing internal and external service requests, access to data and analytics, and sending pertinent notifications. Update on the Bob Shelden Public Arts Commission Project. Dusty Rodiek, Parks, Recreation & Forestry Director, and Darla Biel, Public Arts Commission Chair, presented an update on the Public Arts Fund Public Arts Commission Project at Bob Shelden Field. The selected artist is Reed Madden Design. Swiftel Center Financial / Operations update on the Economic Impact of the July 2020 events. Tom Richter, Swiftel Center Executive Director, presented an financial / operational update to the City Council and public on the Swiftel Center. A report was also presented on the economic impact to the City of Brookings and Brookings area by the events hosted at the Swiftel Center this past summer, despite being dramatically impacted by COVID-19. Adjourn.A motion was made by Council Member Collins, seconded by Council Member Wendell, that this meeting be adjourned at 7:06 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 20-0482,Version:1 Action on annual Liquor and Wine Alcohol License Renewals for 2021. Summary: Enclosed for City Council review and action are the Annual Liquor and Wine License renewals for 2021. All required documentation has been submitted. Liquor (Off-Sale): 1.Brookings Municipal Liquor Store, 780 22nd Ave. So. Liquor (On-Sale): Convention Center 1.Wilbert’s/Comfort Suites University (Den Wil Hospitality Group,Inc.), 921 25th Ave. 2.Park Place, Inc., 2500 6th Street Liquor (On-Sale): 1.Applebee’s / Porter Apple Co. B Inc., 3001 LeFevre Dr. 2.Buffalo Wild Wings Bar & Grill / W&P of Brookings, LLC, 1801 6 th St. 3.Craft Fusion / Jesse Davis, LLC, 610 Medary Ave. 4.Cubby’s Sports Bar & Grill / GDT Inc., 307 Main Ave. 5.Danny’s / David Olson Inc., 703 Main Ave. So. 6.Elks Club Lodge #1490, 516 4th St. 7.Jim’s Tap / Urquhart Ent., Inc., 309 Main Ave. 8.Main Street Pub, 408 Main Ave 9.9 Bar Nightclub / Nine Inc., 303 Main Ave. 10.Pheasant Restaurant & Lounge / RGO, Inc., 726 Main Ave. So. 11.Pints & Quarts / KR Hospitality, Inc., 313 Main Ave. 12.The Lanes (MG Oil Company), 722 Western Ave. 13.The Ram (Jack’s Entertainment LLC, 327 Main Ave. 14.Ray’s Corner / Fergen Enterprises Inc., 401 Main Ave. 15.Skinner’s Pub, Inc., 300 Main Ave. 16.Sully’s Irish Pub / B&L Sullivan Inc., 421 Main Ave. 17.VFW GEO Dokken Post 2118, 520 Main Ave. 18.The Wild Hare / Wonder, Inc., 303 3rd St. Restaurant (On-Sale): 1.Whiskey Creek Wood Fire Grill / Brookings Steak Co., LLC, 621 32nd Ave. 2.The Lodge/Den Wil Hospitality Group Inc, 2515 6th St. Wine (On-Off Sale): 1.Agua Fresh Foods / BAST, LLC, 420 Main Ave. 2.Brookings Municipal Liquor Store, 780 22nd Ave. So. 3.BVG Backyard Grill, 1805 6th Street th City of Brookings Printed on 11/20/2020Page 1 of 2 powered by Legistar™ File #:ID 20-0482,Version:1 4.Cenex Zip Trip #63 / CHS, Inc., 1005 6th St. 5.Cenex Zip Trip #64 / CHS, Inc., 3045 LeFevre Dr. 6.Children’s Museum of South Dakota, 521 4th St. 7.The Depot / ERL, LLC, 919 20th St. So. 8.Deuces Casino, Commonwealth Gaming & Holdings Co., 223 6th St., Suite 105A 9.Deuces Casino, Commonwealth Gaming & Holdings Co., 223 6th St., Suite 105B 10.Deuces Casino, Commonwealth Gaming & Holdings Co., 223 6th St., Suite 105C 11.Eponymous Brewing Co., 126 Main Ave So. 12.Guadalajara Mexican Restaurant, 1715 6th St., Suite F 13.Hy-Vee Food Store / Hy-Vee, Inc., 700 22nd Ave. So. 14.McCrory Gardens Educational & Visitors Center, 6th St. & 22nd Ave. 15.New Sake / Sake, Inc., 724 22nd Ave. So. 16.Old Sanctuary / Old Sanctuary Assoc., LLC, 928 4th St. 17.Pheasant Restaurant & Lounge / RGO, Inc., 726 Main Ave. So. 18.Schoon’s Pump N’ Pak So. / Schoon Properties, Inc., 1205 Main Ave. So. 19.Swiftel Center, 824 32nd Ave. 20.Wal-Mart Supercenter #1538 / Wal-Mart Stores, Inc., 2233 6 th St. 21.Wilbert’s/Comfort Suites University / Den Wil Hospitality Group, 931 25th Ave. Recommendation: Staff recommends approval. City of Brookings Printed on 11/20/2020Page 2 of 2 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 20-0475,Version:1 Action on appointments to City Boards, Committees and Commissions. Summary: Mayor Keith Corbett has submitted the following appointment recommendations for City Council advice and consent: Brookings Bicycle Advisory Committee Number of positions: 3 Term Length: 3 years Residency Requirement:Not required Purpose: The role of the Brookings Bicycle Advisory Committee (BBAC) is to advise the City Council, City Manager, and City Boards on bicycling related issues; help advance the state of bicycle infrastructure; encourage bicycling for transportation and recreation; public education and awareness; improve safety and compliance with traffic laws; assist the City with bicycle plans; review and suggest legislative and policy changes; recommend priorities for use of the public funds on bicycle projects; and help ensure Brookings retains and enhances its status as a bike friendly community. Mayor’s Recommendation: 1.Reappoint Eric Rasmussen Board of Adjustment Number of positions: 3 Term Length: 3 years Residency Requirement:Required or reside within Joint Jurisdictional Area Purpose: The Board of Adjustment has the authority to act on variances or special exceptions to the zoning ordinance. Four of the five members must vote in the affirmative for a motion to pass. Mayor’s Recommendation: 1.Reappoint Justin Borns 2.Appoint Matt Chandler to 1st Alternate Board of Appeals Number of positions: 2 Term length: 5 years Residency Requirement:Not Required Purpose: The function of the Board of Appeals is to hear and decide on appeals or orders, decisions or determinations made by the city building officials relative to the application and interpretation of the Building Code, and to determine the suitability of alternate materials and methods of construction. All members of the Board of must be qualified by training and experience to pass upon the matters pertaining to building construction. City of Brookings Printed on 11/20/2020Page 1 of 6 powered by Legistar™ File #:ID 20-0475,Version:1 Mayor’s Recommendation: 1.Reappoint Spencer Hawley 2.Reappoint Paul Sahr Board of Health Number of positions: 4 Term Length: 3 years Residency Requirement:County required (2 may live outside Brookings city limits, but must reside in Brookings county) Purpose: The purpose of the Board of Health is to provide a general supervision of the health of the city with full powers to take all steps and measures necessary to promote the cleanliness and healthfulness and to prevent and arrest the spread of any contagious or infectious diseases and harmful environmental conditions, and to quarantine any person or evacuate any area contaminated by such condition or disease. In addition, the Board is to provide public education for the need of all phases of an integrated solid waste management system; ·Establish a comprehensive realistic solid waste plan for the city. ·Develop a financial policy that would be used for raising funds required to build and operate an integrated solid waste program. ·Develop and promote pilot programs for recycling and collection of household hazardous waste and reducing solid waste. Mayor’s Recommendation: 1.Reappoint Albert Patin 2.Reappoint Trish Matson Buus 3.Appoint Nieema Thasing Brookings Committee for People who have Disabilities Number of positions: 4 (increasing board size to 11) Term Length: 3 years Residency Requirement:Required for 7 of the 11 members 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. This is a service not provided by any other entity in Brookings. 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.Reappoint Rachel Holm 2.Reappoint Matthew Weiss 3.Reappoint Brianna Doran 4.Reappoint Jenny Grendler 5.Appoint Daniel Gissing 6.Appoint Jon Stauff City of Brookings Printed on 11/20/2020Page 2 of 6 powered by Legistar™ File #:ID 20-0475,Version:1 7.Appoint Carol Jung Brookings Health System Board of Trustees Number of positions: 1 Term Length: 3 years Residency Requirement:Must be a resident of Brookings County Purpose: The Brookings Health System Board of Trustees is an administrative board responsible for the planning, operation and evaluation of all hospital and nursing home programs, services and related organizational activities consistent with the City Charter, Ordinance and facility by laws. (Formerly called the “Brookings Hospital Board”). Mayor’s Recommendation: 1.Appoint David Meyer Business Improvement District #1 Board Number of positions: 1 Term Length: 3 years Residency Requirement:Not required Purpose: The Business Improvement District #1 Board is responsible to prepare a plan of improvements for a district and provide improvement recommendations to the City Council. The boundaries of Business Improvement District #1 are defined as non-contiguous properties to include all hotels/motels with 25 or more rooms situated within the corporate limits of the city of Brookings. Mayor’s Recommendation: 1.Reappoint Randy Soma Historic Preservation Commission Number of positions: 3 Term Length: 3 years Residency Requirement:Required Purpose: The purpose of the Historic Preservation Commission is to allow the city to engage in a comprehensive program of historic preservation to promote the inspiration, pleasure and enrichment of the citizens of Brookings through identification, documentation, preservation, promotion, and development of the city’s historic resources. Mayor’s Recommendation: 1.Reappoint Janet Merriman 2.Reappoint Janet Gritzner Human Rights Commission Number of positions: 3 Term Length: 3 years Residency Requirement:Not required Purpose: The Human Rights Commission has the power to investigate alleging discrimination. Other programs include: ·The study of the existence, character, causes and extent of discrimination in employment, housing and public accommodations, property rights, education and public services. City of Brookings Printed on 11/20/2020Page 3 of 6 powered by Legistar™ File #:ID 20-0475,Version:1 ·Advise and provide a forum for those subjected to unfair and discriminatory practices in the City and County. ·Advise City officials concerning issues of discrimination. ·Conducting educational programs and disseminates information to further the commission’s policy to eliminate discrimination in the city. Mayor’s Recommendation: 1.Reappoint Lawrence Novotny 2.Reappoint Erinn Thomas 3.Appoint Nieema Thasing 4.Appoint Zahra Naji Library Board Number of positions: 2 Term Length: 3 years Residency Requirement:Required Purpose: The Library Board is responsible for the appointment of the Librarian, the conduct of business and development of policies for the Brookings Public Library materials, the governance of the library and the use of the public library services and materials. Mayor’s Recommendation: 1.Reappoint Michael Linehan 2.Appoint Stephanie Carroll Planning Commission Number of positions: 3 Term Length: 5 years Residency Requirement:Required Purpose: The City Planning Commission is responsible for the city comprehensive plan for the physical development of the city, including areas outside the boundaries of the city and within the planning jurisdiction. Mayor’s Recommendation: 1.Reappoint Eric Rasmussen 2.Reappoint Jacob Mills 3.Reappoint Tanner Aiken Public Arts Commission Number of positions: 3 Term Length: 3 years Residency Requirement:Required for Majority Purpose: Public art enhances the built environment of a city and enriches the lives of its citizens. A dedicated funding source for an established program of public art enhances the reputation of a city and serves as a vehicle for attracting new businesses and citizens. A public art program encourages a community’s artists and citizens to engage in creative activities and artistic development. A public arts commission can develop and implement a unified public art strategy for a community. City of Brookings Printed on 11/20/2020Page 4 of 6 powered by Legistar™ File #:ID 20-0475,Version:1 Mayor’s Recommendation: 1.Reappoint Trayce Meyer 2.Reappoint Linda Purrington 3.Reappoint Darla Biel Sustainability Council Number of positions: 3 Term Length: 3 years Residency Requirement:Required for Majority Purpose: The purpose of the Sustainability Council is to investigate, propose, educate, communicate, and advocate investment strategies and policies that will improve our future qualities of life while still meeting the needs of the present. Mayor’s Recommendation: 1.Appoint Darcy Green 2.Appoint Brianna Kratz 3.Appoint Ben Vukovich Swiftel Center Advisory Committee Number of positions: 1 Term Length: 3 years Residency Requirement:Not Required Purpose: The Swiftel Center Advisory Committee shall act only in an advisory capacity to the city council, however it shall, in particular, advise the city concerning marketing, operational issues and management of the Swiftel Center, and in particular, shall advise and assist the city in the performance of contracts between the City of Brookings and County of Brookings, and between the City of Brookings and the firm managing the Swiftel Center and which concern the Swiftel Center. Mayor’s Recommendation: 1.Reappoint Nick Schmeichel Traffic Safety Committee Number of positions: 3 Term Length: 3 years Residency Requirement:The majority of the members shall be residents of the city. Purpose: The Traffic Safety Committee will develop and implement coordinated traffic safety programs that meet local needs; acting in an advisory capacity to the City Manager, City Engineer and the City Council as a whole in the coordination of traffic safety activities of the official agencies and departments of the City of Brookings; establishing safety priorities for the City; reviewing and approving project applications for funding; serving in a liaison capacity between the City of Brookings and the South Dakota Highway Safety Program in developing the State Highway Safety Program and in meeting the National Highway Safety Program Standards; promoting public acceptance of official programs proposed or instigated by the City; fostering public knowledge and support of traffic law enforcement and traffic engineering problems; cooperating with city schools in promoting educational traffic safety aids; educating the public in traffic safety; and generally aiding the overall reduction of traffic accidents, injuries and deaths on the city streets. Mayor’s Recommendation: City of Brookings Printed on 11/20/2020Page 5 of 6 powered by Legistar™ File #:ID 20-0475,Version:1 1.Reappoint Gary Gramm 2.Reappoint Justin Bucher 3.Chamber Representative: Kristina Lankow Recommendation: Staff recommends approval. City of Brookings Printed on 11/20/2020Page 6 of 6 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 20-100,Version:1 Action on Resolution 20-100, a Resolution declaring surplus property for the City of Brookings. Summary: The City of Brookings is the owner of the described equipment stated within the Resolution. This property is being declared surplus property according to SDCL Chapter 6-13. Council action is required to declare these items surplus. Fiscal Impact: The proceeds from the sale of surplus property will be delivered to the City of Brookings Finance Officer. Recommendation: Staff recommends approval. Attachments: Resolution City of Brookings Printed on 11/20/2020Page 1 of 1 powered by Legistar™ Resolution 20-100 Declaring Surplus Property Whereas, the City of Brookings is the owner of the following described equipment formerly used at the City of Brookings: Fire Dept.: Greenlee 1818 Conduit Bender, hydraulic winch (8,000 lbs.), 19” TV/VCR Combo, wood podium, 2 – metal magazine racks, and Jet Pump Shallow Well. Police Dept.: (all items are to be destroyed) Point Blank Vest AP IIIA SN 140000127772/140000127793 MFG 3/2014 EXP 3/2019; Point Blank Vest FLXIIIA SN 130003164789/130003164784 MFG7/2013 EXP 7/2018; Point Blank Vest HILITE SN 090000381546/090000381574 MFG 1/2009 EXP 1/2014; Point Blank Vest XPIIIA SN 140000127775/1400000127796 MFG 3/2014 EXP 3/2019; Point Blank Vest H15 SN 0601536895/0601536891 MFG 2006 EXP 2011; Point Blank Vest XPIIIA SN 140000127783/140000127804 MFG 3/2014 EXP 3/2019; Point Blank Vest MC BIIIA SN 110000128565/110000128563 MFG 5/2011 EXP 5/2016; Point Blank Vest IIIA SN 0501292903/0501292900 MFG 2005 EXP 2010; Point Blank Vest AXIIIA SN 080000116238/080000116237 MFG 3/2008 EXP 3/2013; Point Blank Vest XPIIIA SN 140000127781/140000127800 MFG 3/2014 EXP 3/2019; Point Blank Vest HILITE SN 090000381576/090000381549 MFG 11/2009 EXP 11/2014; Second Chance SN 10033433/10033433 MFG 10/2003 EXP 10/2008; Point Blank KXPIII A SN 120000586104/120000586084 MFG 4/2012 EXP 4/2017; Point Blank HILITE SN 090000682802 MFG 8/2009 EXP 8/2014; Alco-Sensor III SN 1066475 old, IN OP, not in service; Alco-sensor III SN 1066476 old, IN OP, not in service; Alco-Sensor III SN 1066478 old, IN OP, not in service; Alco-Sensor FST SN 084489 IN OP, not in service; Alco-Sensor FST SN 020399 IN OP, not in service; Alco-Sensor FST SN 130662 IN OP, not in service; (5) OTTO Communications throat mic with body & ring PTT, not compatible, IN OP. Building Maintenance: 2011 Fujitsu Split Type A/C Model ASU12CQ, Serial #BDA014711 City Administration: 2-drawer desk file unit, 3-drawer desk file unit, antique wooden desk, antique wooden file cabinet Brookings Municipal Liquor Store: Enomatic Wine Serving System, Micro Matic Growler Filling Machine Whereas, in the best financial interest, it is the desire of the City of Brookings to dispose of as surplus property; and Whereas, the City Manager is hereby authorized to sell or dispose of said surplus property. Now, Therefore, Be It Resolved by the governing body of the City of Brookings, SD, that this property be declared surplus property according to SDCL Chapter 6 -13. Passed and approved this 24th day of November, 2020. CITY OF BROOKINGS ____________________________ ATTEST: Keith W. Corbett, Mayor ___________________________ Bonnie Foster, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 20-0458,Version:1 Presentation: Mayor’s Generational Leadership Award Summary: Ashley Biggar is the 2020 recipient of the Mayor’s Generational Leadership Award. Attachments: Press Release City of Brookings Printed on 11/20/2020Page 1 of 1 powered by Legistar™ Contact: Mayor Keith W. Corbett Mayor, City of Brookings 520 3rd Street, Suite 230 Brookings, SD 57006 (605) 692-6281 keithcorbett52@gmail.com November 18, 2020 FOR IMMEDIATE RELEASE Ashley Biggar to Receive Mayor’s 2020 Generational Leadership Award Brookings, SD – The Mayor’s Generational Leadership Award is given to a community member who has affected the community in the following ways:  Positively changes how we think about our community and city  Helps Brookings attract and retain young professionals and families  Motivates new generations to be active in their communities  Contributes to the advancement and well-being of the community through service in areas such as: education, sports, fund-raising, charitable and voluntary service, economic development, arts, and the environment. The City of Brookings is proud to award this year’s 2020 Generational Leadership Award to Ashley Biggar. Ashley Biggar is a shining star and exemplary character of the Generational Leadership Award. Her love for Brookings and South Dakota runs deep and is easily demonstrated in her passion for her career as well as her many volunteer efforts. "The award recognizes an individual who has provided strong leadership to the community, and continues to grow as a leader for the future,” said Brookings Mayor, Keith Corbett. “Ashley exemplifies leadership qualities as she inspires others to grow and give freely of their time and talent. She is truly a servant leader!” As the Director of Downtown Brookings for the Brookings Area Chamber of Commerce, Ashely is tireless in her pursuit and development of programming and events that bring joy, delight, and best of all people and commerce to Brookings. She has tackled projects head-on, developing new and fresh programming like “Keep Clean”, an effort to remove litter in the downtown area working with the Brookings County Drug Court and other groups requiring volunteer hours. She has crafted creative events like the “Great Pumpkin Paint Out,” a program for all ages to paint and display pumpkins in Halloween spirit. The community of Brookings is lucky to have Ashley living and working here, bringing us all up to a cleaner and more beautiful level. Ashley brings a helpful and thoughtful approach to leadership and equally a willingness and eagerness to learn. She takes the time to listen and make sure everyone is included in the conversation. When it’s time to get to work, Ashley is the first to raise her hand and jump in with both feet, often wearing fabulously stylish shoes. Ashley has dedicated countless hours to volunteer programs in Brookings. For many summers, she has brought her creative talents and skills literally to the faces of children by painting beautiful pictures on their happy cheeks. Throughout the pandemic, Ashley has created gorgeous, original, highly-detailed and larger-than-life A- World-Of-Hearts murals on the faces of our businesses to bring hope to our community, sharing a message of togetherness and resiliency in this challenging time. Ashley always sees the good in people and encourages others to do the same. She always has her phone on and seems to have endless energy for anyone who wants to connect. Her energy is infectious, as if emulating from her like glitter. Ashley leads by example. She does not shy away from the tough challenges, and she engages with a positivity and cheer! That friendly-attitude and go-getter spirit makes her a natural leader of the people. To describe Ashley in essence would include words like: sparkling, creative, go-getter, positive, cheerful, smiley, easy-going, artistic, hard-working. Of greater importance would be the list of intangibles that make of the fabric of a person: caring, respect, commitment, dedication, humor, empathy, hard work and resiliency. Essentially, Ashley is a unicorn. Please help us in congratulating Ashley Biggar, our 2020 Generational Leadership Award recipient. -end- For media inquiries and information regarding the information contained within this press release please contact the Brookings Mayor’s Office, at keithcorbett52@gmail.com. Attachment: Photo: Headshot_Ashley Biggar.jpg 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 20-0493,Version:1 Presentation: Proclamation recognizing November 28, 2020 as Small Business Saturday. Summary: Kelsey Doom, President and CEO of the Brookings Area Chamber of Commerce, and Andrew Sloss, Chief Economic Development Director/CEO of the Brookings Economic Development Corporation will be accepting the Proclamation. Attachments: Proclamation City of Brookings Printed on 11/20/2020Page 1 of 1 powered by Legistar™ MAYORAL PROCLAMATION CITY OF BROOKINGS, SOUTH DAKOTA WHEREAS, Brookings celebrates our small businesses and the important contributions they make to our economy and community all year long; and WHEREAS, supporting our local shops and entrepreneurs creates goodwill within Brookings; and WHEREAS, on average, for every dollar spent at local small businesses 67 cents stays in the local community, making a big impact; and WHEREAS, small businesses create jobs and preserve our unique culture; and WHEREAS, 98% of the 894 business establishments in Brookings County have less than 100 employees and 72% have less than 10 employees; and WHEREAS, the Saturday after Thanksgiving is Small Business Saturday all across the country. NOW, THEREFORE, BE IT RESOLVED, that I, Keith W. Corbett, Mayor of the City of Brookings, do hereby proclaim Saturday, November 28, 2020 as SMALL BUSINESS SATURDAY And call upon the residents of Brookings to make a big impact by safely supporting our local businesses in person, online or through curbside pickup. IN WITNESS WHEREOF, I have placed the Seal of the City of Brookings, State of South Dakota, this 24th day of November, 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 #:RES 20-099,Version:1 Action on Resolution 20-099, a Resolution Authorizing Change Order No. 1(Final) for 2020-05STI, Moriarty Park Drainage Improvement Project, Rounds Construction, Inc. Summary: This 2020-05STI Moriarty Park Drainage Improvement Project is completed and ready to be closed out. The final cost of the project is $360,971.92, which is an increase of $18,015.94 from the original contract price. The increased cost was due to adding storm sewer and an area drain to a boulevard area, adding concrete mow edges around the flared ends and to adjust the final quantities to as- constructed quantities. The project summary is as follows: Original Contract Price:$342,955.98 Change from Previously Approved Change Order:$0.00 Contract Price Prior to this Change Order:$342,955.98 Increase of this Change Order (No. 1 Final):$18,015.94 Contract Price incorporating this Change Order:$360,971.92 Recommendation: Staff recommends approval. Attachments: Memo Resolution Map City of Brookings Printed on 11/20/2020Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Jackie Lanning, City Engineer Council Meeting: November 24, 2020 Subject: Change Order #1 (Final) on 2020-05STI, Moriarty Park Pond Project, Rounds Construction Person(s) Responsible: Jackie Lanning, City Engineer Summary: This resolution will authorize Change Order No. 1 (Final) for the 2020-05STI, Moriarty Park Drainage Improvement Project for an increase of $18,015.94 to close out the project. Background: The Moriarty Park Drainage Improvement Project is located on 17th Avenue South between 15th Street South and Pebble Beach Drive as shown on the attached map. The project included constructing a new stormwater detention pond on the southwest corner of Moriarty Park in addition to new storm sewer pipe and inlets, concrete sidewalk and curb ramps. The project will aid in storm water management in the 17th Avenue South and Pebble Beach Drive area, as well as in the nearby Windermere Pointe Addition. Item Details: The project is completed and is ready to close out. The project summary is as follows: Original Contract Price: $342,955.98 Change from Previously Approved Change Order: $0.00 Contract Price Prior to this Change Order: $342,955.98 Increase of this Change Order (No. 1 Final): $18,015.94 Contract Price incorporating this Change Order: $360,971.92 The increased cost was due to adding storm sewer and an area drain to a boulevard area, adding concrete mow edges around the flared ends for easier mowing and to adjust the final quantities to as-constructed quantities. This resolution will approve Change Order No. 1 (Final) for an increase of $18,015.94 to the contract amount to close out the project. Legal Consideration: None. Strategic Plan Consideration: This project was a prioritized drainage project to improve storm water management in the Moriarty Park and Windermere neighborhoods. The project includes green infrastructure with the detention area which will allow for infiltration of storm water into the soil, as well as managing the release rate into the existing downstream storm sewer system. The detention area will drain dry and be mowed similar to the park area. Financial Consideration: The contract with Rounds Construction will be adjusted by $18,015.94 to close out the project. The additional costs will be paid for by the Drainage Fund. 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: Resolution Map Resolution 20-099 Resolution Authorizing Change Order No. 1 (Final) for 2020-05STI, Moriarty Park Drainage Improvement Project, Rounds Construction, Inc. Be It Resolved by the City Council that the following change order be allowed for 2020- 05STI, Moriarty Park Drainage Improvement Project: Construction Change Order Number 1 (Final): Adjust plan quantities to as-constructed quantities and for additional work for storm sewer, drainage inlet and a concrete mow edge for a total increase of $18,015.94 to close out the project. Passed and approved this 24th day of November, 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 20-0476,Version:1 Public Hearing and Action on a request to transfer an On-Off Sale Malt License, with Video Lottery, from Brookings Developers, Inc., Lyle Prussman, owner, dba Gas N Mor, to MG Oil Company, dba Corner Pantry 24, Marlyn Erickson and Troy Erickson, owners, 600 6th Street, legal description: Lots 5-7, Block 11, Second Addition. Summary: The City of Brookings has received an application to transfer an On-Off Sale Malt License, with Video Lottery, from Brookings Developers, Inc., Lyle Prussman, owner, dba Gas N Mor, to MG Oil Company, dba Corner Pantry 24, Marlyn Erickson and Troy Erickson, owners. All required documents have been submitted for this application. Background: A public hearing and action by the local governing body is required to approve all alcohol licenses. The On-Off Sale Malt License, with Video Lottery, would be effective December 2020, and would be subject to an annual renewal. If approved, the application would be forwarded to the State Department of Revenue for final action and transfer of the license. This business located at 600 6th Street, holds a current On-Off Sale Malt License, with 10 video lottery machines. Recommendation: Staff recommends approval. Attachments: Memo Legal Notice City Code and SDCL References Location Map City of Brookings Printed on 11/20/2020Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Bonnie Foster, City Clerk Council Meeting: November 24, 2020 Subject: Malt License Transfer (Gas ‘n Mor) Person(s) Responsible: Bonnie Foster, City Clerk Summary: The City of Brookings has received an application to transfer an On -Off Sale Malt License, with Video Lottery, from Brookings Developers, Inc., Lyle Prussman, owner, dba Gas N Mor, to MG Oil Company, dba Corner Pantry 24, Marlyn Erickson and Troy Erickson, owners. All required documents have been submitted for this application. Background: A public hearing and action by the local governing body is required to approve all alcohol licenses. The On-Off Sale Malt License, with Video Lottery, would be effective December 2020, and would be subject to an annual renewal. If approved, the application would be forwarded to the State Department of Revenue for final action and transfer of the license. This business located at 600 6th Street, holds a current On-Off Sale Malt License, with 10 video lottery machines. Item Details: MG Oil Company, Marlyn Erickson and Troy Erickson, owners, have purchased Gas ‘n Mor, located at 600 6th Street, from Brookings Developers Inc., Lyle Prussman, owner. Chapter 6, Article 2, Section 6-42 of the City Code of Ordinances pertains to the Application Review Procedure. The city council shall review all applications submitted to the city for available on-sale alcoholic beverage agreements and for all alcoholic beverage licenses in accordance with SDCL Chapter 35 -2 (SDCL 35-2-1 et seq.) and in accordance with the following factors: 1) Type of business which applicant proposes to operate: ….. 2) The manner in which the business is operated: ….. 3) The extent to which minors are employed in such a place of business: …... 4) Adequacy of the police facilities to properly police the proposed location: ….. 5) Other factors: The hours that business is conducted ….. (Code 1996, § 5-20) State Law reference - Local license approval, SDCL 35-2-1.2. SDCL 35-2-1.2. Applications submitted to local governing body--Fee--Approval or disapproval. Any applicant ….. the transfer of an existing license shall submit an application to the governing body of the municipality in which the applicant intends to operate, ….. The applicant shall submit the required fee with the application. The governing body may approve ….. the transfer of an existing license if the governing body considers the applicant suitable to hold the license and the proposed location is suitable. The governing body may disapprove an application for ….. the transfer of an existing license issued under subdivision 35-4-2(4), (6), or (13) if: 1) The approval of the application permits a person, corporation, or business entity to possess more than one-third of the licenses available to be issued in the jurisdiction; and 2) The governing body determines that possession of more than one -third of licenses available is not in the public interest. Complete City Code and SDCL References are in the attached document. Legal Consideration: None Financial Consideration: The On-Off Sale Malt License would be effective December 2020. There is a $150 annual fee. The Video Lottery machines require a $50/machine annual fee. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Amend 3. Deny 4. Refer to a Study Session 5. Do nothing Staff recommends approval. Supporting Documentation: Legal Notice City Code and SDCL References Location Map NOTICE OF PUBLIC HEARING On-Off Sale Malt License Transfer – MG Oil Company, dba Corner Pantry 24 NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of Brookings, South Dakota, on November 24, 2020, at 6:00 p.m. in the Brookings City & County Government Center Chambers, 520 Third Street, will meet in regular session to consider an application for the transfer of an On-Off Sale Malt License, with video lottery, from Gas ‘n Mor, Brookings Developers, Inc., Lyle Prussman, owner, to MG Oil Company, dba Corner Pantry 24, Marlyn Erickson and Troy Erickson, owners, 600 6th Street, Brookings, South Dakota, legal description: Lots 5-7, Block 11, Second Addition. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated at Brookings, South Dakota, this 16th day of November, 2020. Bonnie Foster, City Clerk Published time(s) at an approximate cost $ . Brookings City Code and SD Codified Law References: Chapter 6, Article 2, Section 6-42 of the City Code of Ordinances pertains to the Application Review Procedure. The city council shall review all applications submitted to the city for available on-sale alcoholic beverage agreements and for all alcoholic beverage licenses in accordance with SDCL Chapter 35 -2 (SDCL 35-2-1 et seq.) and in accordance with the following factors: 1) Type of business which applicant proposes to operate: on -sale alcoholic beverage operating agreements and on-sale alcoholic beverage licenses may not be issued to convenience grocery stores, gas stations, or other stores where groceries or gasoline are sold unless it can be established that minors do not regularly frequent the establishment. 2) The manner in which the business is operated: on-sale alcoholic beverage operating agreements and alcoholic beverage licenses may not be issued to establishments which are operated in a manner which results in minors regularly frequenting the establishment. 3) The extent to which minors are employed in such a place of business: on -sale alcoholic beverage operating agreements and on-sale alcoholic beverage licenses may not be issued to convenience grocery stores, gas stations, or other stores where groceries or gasoline are sold and which regularly employ minors. 4) Adequacy of the police facilities to properly police the proposed location: The city council shall inquire of the city manager whether the police department can adequately police the proposed location. 5) Other factors: The hours that business is conducted shall be considered by the city council in its review of applications for on-sale alcoholic beverage operating agreements and on-sale alcoholic beverage licenses. (Code 1996, § 5-20) State Law reference - Local license approval, SDCL 35-2-1.2. SDCL 35-2-1.2. Applications submitted to local governing body--Fee--Approval or disapproval. Any applicant for a new retail license, except as set forth in § 35-2-1.1, or the transfer of an existing license shall submit an application to the governing body of the municipality in which the applicant intends to operate, or if outside the corporate limits of a municipality, to the governing body of the county i n which the applicant intends to operate. The applicant shall submit the required fee with the application. The governing body may approve the application for a new retail license or the transfer of an existing license if the governing body considers the applicant suitable to hold the license and the proposed location is suitable. The governing body may disapprove an application for a new retail license or the transfer of an existing license issued under subdivision 35 -4-2(4), (6), or (13) if: 1) The approval of the application permits a person, corporation, or business entity to possess more than one-third of the licenses available to be issued in the jurisdiction; and 2) The governing body determines that possession of more than one -third of licenses available is not in the public interest. Any application for the reissuance of a retail license may be approved by the municipal or county governing body without a hearing unless in the past year the licensee or one or more of the licensee's employees have been subjected to a criminal penalty for violation of the alcoholic beverage control law or the license has been suspended. Source: SDC 1939, §§ 5.0206, 5.0305; SL 1945, ch 21, § 1; SL 1951, ch 11; SDC Supp 1960, § 5.0204 (14); SL 1961, ch 14; SL 1964, ch 9; SL 19 65, ch 12; SDCL §§ 35-4-32, 35-4-33, 35-6-15; SL 1971, ch 211, § 13; SL 2008, ch 37, § 140; SL 2011, ch 171, § 1; SL 2017, ch 164, § 1; SL 2018, ch 213, § 12. SDCL 35-2-6.2 provides the “character” requirements for alcoholic beverage licensees: “Any license under this title…must be a person of good moral character, never convicted of a felony, and, if a corporation, the managing officers thereof must have like qualifications.” Procedurally, SDCL 35-2-3 provides that “no license for the on or off -sale at retail of alcoholic beverages…shall be granted to an applicant for any such license, except after public hearing, upon notice.” SDCL 35-2-5 provides the procedure for the time and place of hearing and for publication of notice. If an application for a license is refused, “no further application may be received from a person until after the expiration of one year from the date of a refused application.” SDCL 42-7A-64 provides criteria for on-sale alcoholic beverage licensees in video lottery licensed establishments. “…An existing video lottery license may not be denied renewal or transfer based upon the criteria set forth in this section…” B rook ings County, SD Developed by Par cel ID 405300110000500 Sec/T wp/Rng -- Pr oper ty Address 606 6TH ST BROOKINGS Alter nate ID n/a Class NADC Acr eage n/a Owner Addr ess BROOKINGS DEVEL OPERS INC 223 RAIL ROAD ST BROOKINGS SD 57006 Distr ict 4001 Br ief T ax Descr iption SEC OND ADDITION, LOTS 5-6-7, BLK 11 150 X 195 (Note: Not to be used on leg a l documents) Date created: 11/17/2020 Last Data Uploa ded: 11/17/2020 8:06:52 AM 115 ft Overvi ew Legend Br ookings City Limits City L imits T ow nship Boundar y Sections Parcels City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ORD 20-024,Version:2 Second Reading on Ordinance 20-024, an Ordinance Authorizing Supplemental Appropriation #6 to the 2020 Budget - Parts 1-3. Staff is requesting the authorization of three budget adjustments. Part 1 will utilize a FEMA grant to for equipment and alternative projects. The amendment will increase the Engineering Department $26,000.00 for the purchase of a drone as well as FEMA- approved alternative projects. FEMA provides 85% of the costs and the City is responsible for the remaining 15%. Part 2 will increase the Library Department by $100,000.00 for a boiler. This was a top priority replacement identified in the 2019 Facility Condition Assessment. The City Council Priority Project Fund (CCPPF) as identified last year as the appropriate funding source. Rather than transferring the full budgeted amount staff will bring forward amendments for actual amounts. Part 3 will increase the Non Departmental Expenditure budget for miscellaneous expenditures related to COVID-19 and reimbursed by the South Dakota Local Government COVID Recovery fund. General Fund Revenues increase as reimbursements are received, offsetting the increase in expenditures. Recommendation: Staff recommends approval. Attachments: Memo Ordinance City of Brookings Printed on 11/20/2020Page 1 of 1 powered by Legistar™ City Council Agenda Memo From: Ashley Rentsch, Deputy Finance Manager Council Meeting: November 10, 2020 / November 24, 2020 Subject: Ordinance Authorizing Supplemental Appropriation #6 to the 2020 Budget – Parts 1-3 Person(s) Responsible: Erick Rangel, Chief Financial Officer; Ashley Rentsch, Deputy Finance Manager; Jackie Lanning, City Engineer; Mike Struck, Community Development Manager Summary: Part 1 will utilize a FEMA grant to for equipment and alternative projects. The amendment will increase the Engineering Department Furniture & Equipment Expense budget in the amount of $26,000.00 for the purchase of a drone in the amount of $15,279.99 to be used for pre-disaster inspections and post-disaster reconnaissance of areas difficult to inspect on foot or open areas in the floodplain. The remainder will be spent on other FEMA-approved alternative projects. Under the terms of the FEMA grant, 85% of the costs will be paid by the grant, and the City will be responsible for the remaining 15%. The City’s portion will be funded by the City Manager’s Contingency account. Part 2 will increase the Library Department Capital Expenditure budget in the Public Improvements fund by $100,000.00 for the purchase and installation of a boiler. This was a top priority replacement identified in the 2019 Facility Condition Assessment. As part of the budget staff identified City Council Priority Project Fund (CCPPF) as the funding source. Rather than transferring the full budgeted amount staff will bring forward amendments for actual amounts. Part 3 will increase the Non Departmental Expenditure budget for miscellaneous expenditures related to COVID-19 and reimbursed by the South Dakota Local Government COVID Recovery fund. General Fund Revenues increase as reimbursements are received, offsetting the increase in expenditures. Background: Part 1 The City was awarded a grant from FEMA in the amount of $25,785.55 to address underground damage. Due to a change in scope based on the extent of the damage, the actual project cost was $4,379.43, leaving $21,406.12 to fund 85% of costs incurred for approved alternative projects. Staff obtained authorization from FEMA to spend the funds on alternate projects. One of the authorized alternate projects was the purchase of a drone to use for inspection and reconnaissance of hard-to-reach areas and open areas of the floodplain. Under the terms of the grant, the City is responsible for 15% of the cost associated with alternative projects, meaning the City must incur $25,183.68 in costs to use up the remain ing grant funds of $21,406.12. Part 2 The 2019 Facility Condition Assessment identified the boiler at the Library as a top priority replacement need. Community Development staff secured a proposal in the amount of $95,166 from Johnson Controls, Inc. to complete this replacement before the end of 2020. Part 3 The City of Brookings was allocated $5,519,641 from the South Dakota Local Government COVID Recovery Fund. These funds are disbursed to the City on a reimbursement basis for approved payroll and ope rating expenditures. The COVID-19- related operating expenditures are being tracked in a designated account in Non Departmental Expenditures. To date, the City of Brookings has been authorized $2,350,574.67 in reimbursements for public safety payroll and operating expenditures. Item Details: Part 1 The City of Brookings recently purchased a Phantom 4 RTK + D-RTK 2 Mobile Station Combo (drone) and accessories in the amount of $15,279.99. This purchase was made following authorization from FEMA as an approved alternative project to utilize excess funding available after a previously approved project was completed and final costs were below the amount initially reimbursed to the City by FEMA. Under the terms of the grant, FEMA funds will reimburse 85% of these project costs, and the City is responsible for the remaining 15%. This means FEMA funding covered $12,988.00 the drone, and the City’s portion was $2,291.99. Engineering Department staff is identifying other FEMA-approved alternative projects to utilize the remaining $9,903.69 in funding. Part 2 Community Development staff determined that it was not practicable to utilize competitive sealed bids for the Library boiler due to the additional cost of bid documents and available time to complete the work prior to heating season. Proposals were requested from three vendors. Johnson Controls, Inc. provided the lowest proposed price of $95,166. Tessier’s, Inc. submitted a proposal for $106,960, and Midwest Mechanical did not submit a proposal. Staff is currently working with Johnson Controls, Inc. to complete this replacement before the end of 2020. Part 3 The City of Brookings is authorized to submit COVID-19 related expenses to the State of South Dakota to reimbursed by the South Dakota Local Government COVID Recovery Fund. This includes full payroll costs for public safety employees, as well as various operating expenses incurred due to the pandemic. At this point, the City has been reimbursed for $2,135,856.37 in payroll expenses and $214,718.30 in operating expenses, to include reimbursements for Brookings municipal Utilities and Brookings Health System. The City’s COVID-related operating expenses are being tracked in a designated account as a Non Departmental expense. Reimbursements may be claimed for expenses incurred between March 1, 2020 and December 30, 2020. The City anticipates approximately $500,000.00 in operating expenses to be incurred during the reimbursement period and must increase the budget to account for these expenses. These expenses are offset by the receipt of reimbursements from the State of South Dakota. Legal Consideration: None. Strategic Plan Consideration: None. Financial Consideration: This Ordinance allows the City of Brookings to take advantage of excess FEMA grant funding to purchase a drone, authorizes the City to make a necessary boiler replacement at the Library, and grants spending authority to the City for reimbursable expenses incurred due to the COVID-19 Pandemic. Part 1 authorizes a transfer of $4,593.88 from the City Manager’s Contingency account, with the remainder offset by grant revenue received. Part 2 increases 2020 capital expenditures by $100,000 for a necessary improvement funded by the CCPPF. Part 3 has essentially zero effect on the budget, as incurred expenses are offset by reimbursement revenue received. A majority of this amendment capitalizes on funds available from alternative sources. The utilization of these funds further extends Brookings existing resources. Options and Recommendation: The City Council has the following options: 1. Approve as presented 2. Deny 3. Amend 4. Move the item to a work session 5. Do nothing Staff recommends approval of the ordinance as presented. Supporting Documentation: Memo Ordinance Ordinance 20-024 An ordinance Authorizing Supplemental Appropriation No. 6 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 – Increase Engineering Department Expenditure budget for purchase of drone. 419 Engineering Department 101-419-5-920-00 – Furniture & Equipment $26,000.00 Total Appropriations $26,000.00 The Financing Source for this transfer is from the following account: 101-419-4-334-00 – Grants - Federal $21,406.12 101-405-5-856-99 – Contingency Fund $4,593.88 $26,000.00 Part 2 – Increase Library Department Capital Expenditure budget for purchase and installation of boiler. 213 Public Improvements Fund 213-000-5-940-09 Library Dep. Capital Exp. $100,000.00 Total Appropriations $100,000.00 The Financing Source for this transfer is from the following account: 213-000-6-700-07 Transfer in General Fund $100,000.00 101 General Fund 101-000-7-899-05 Transfer Out (CCPPF) $100,000.00 Total Appropriations $100,000.00 The Financing Source for this transfer is from the following account: Unassigned Fund Balance $100,000.00 Part 3 – Increase Non Departmental Expenditure Budget for COVID -19 Expenses. 405 Non Departmental 101-405-5-429-00 Miscellaneous Exp. COV-19 $500,000.00 Total Appropriations $500,000.00 The Financing Source for this transfer is from the following account: 101-000-4-334-01 CRF Reimbursements $500,000.00 All ordinances or parts of Ordinances in conflict herewith are hereby repealed. First Reading: November 10, 2020 Second Reading: November 24, 2020 Published: 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 20-0490,Version:1 COVID-19 Update. Summary: City Manager Paul Briseno will provide a regular update on COVID-19 to the City Council and members of the public. Background: 7/14/2020 City Council Minutes excerpt: “Council Items for Future Discussion. A motion was made by Council Member Brink, seconded by Council Member Bacon, that a standing item to discuss the current status of COVID-19 be added to future City Council Agendas. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Brink, Bacon, Wendell, Tilton Byrne, and Collins.” City of Brookings Printed on 11/20/2020Page 1 of 1 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 20-0491,Version:1 City of Brookings Progress Report. Summary: Jacob Meshke, Assistant City Manager, will provide a progress report highlighting the City’s activities/projects. Attachments: Presentation (to be loaded following the Council Meeting) City of Brookings Printed on 11/20/2020Page 1 of 1 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 20-0492,Version:1 Executive Session, pursuant to SDCL 1-25-2, for Consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters, and Discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business. SDCL 1-25-2. Executive or closed meetings--Purposes--Authorization--Violation as misdemeanor. Executive or closed meetings may be held for the sole purposes of: 1.Discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term, employee, does not include any independent contractor; 2.Discussing the expulsion, suspension, discipline, assignment of or the educational program of a student or the eligibility of a student to participate in interscholastic activities provided by the South Dakota High School Activities Association; 3.Consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters; 4.Preparing for contract negotiations or negotiating with employees or employee representatives; 5.Discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business; or 6.Discussing information listed in subdivisions 1-27-1.5(8) and 1-27-1.5(17). However, any official action concerning such matters shall be made at an open official meeting. An executive or closed meeting shall be held only upon a majority vote of the members of the public body present and voting, and discussion during the closed meeting is restricted to the purpose specified in the closure motion. Nothing in § 1-25-1 or this section prevents an executive or closed meeting if the federal or state Constitution or the federal or state statutes require or permit it. A violation of this section is a Class 2 misdemeanor. Source: SL 1965, ch 269; SL 1980, ch 24, § 10; SL 1987, ch 22, § 1; SL 2014, ch 90, § 2; SL 2019, ch 2, § 1. City of Brookings Printed on 11/20/2020Page 1 of 1 powered by Legistar™