HomeMy WebLinkAbout2020_12_08 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, December 8, 2020
The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse
economic base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal
management.
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 20-0501 Action to approve the November 24, 2020 City Council minutes.
11/24/2020 MinutesAttachments:
3.C.ID 20-0504 Action on annual Wine Alcohol License Renewals for 2021.
4. Items removed from Consent Agenda.
Action: Motion to Approve, Request Public Comment, Roll Call
Page 1 City of Brookings
December 8, 2020City Council Meeting Agenda - Final
5. Open Forum/Presentations/Reports:
5.A. Open Forum.
At this time, any member of the public may request time on the agenda for an item not
listed. Items are typically scheduled for the end of the meeting; however, very brief
announcements or invitations will be allowed at this time.
5.B.ID 20-0498 Presentation: Proclamation recognizing December 16, 2020 as Al Heuton
Day.
ProclamationAttachments:
5.C.ID 20-0500 Project Update: 20th Street South BUILD Grant / Interchange.
Memo
Map
Presentation
Attachments:
6. Contracts/Change Orders:
6.A.RES 20-101 Action on Resolution 20-101, a Resolution Authorizing Change Order No. 1
(Final) for 2020-08STI Street Maintenance & Overlay Project; Bowes
Construction, Inc.
Memo
Resolution
Map
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
6.B.RES 20-102 Action on Resolution 20-102, a Resolution Approving an Art Installation
Agreement between the City of Brookings and Reed Madden for the
purpose of Public Art at Bob Shelden Field.
Memo
Resolution
Agreement
Project Concept & Costs
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
6.C.RES 20-103 Action on Resolution 20-103, a Resolution Authorizing the City to Lease
Real Property to Brookings Backpack Program.
Memo
Resolution
Hearing Notice
Lease
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
Page 2 City of Brookings
December 8, 2020City Council Meeting Agenda - Final
6.D.RES 20-104 Action on Resolution 20-104, a Resolution of Intent to Lease Real Property
to RTI, LLC.
Memo
Resolution
Hearing Notice
Lease
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 20-029 Introduction and First Reading on Ordinance 20-029, an Emergency
Ordinance Amending Emergency Ordinance 20-028 to Extend and to
Comprehensively Adopt Provisions to Address a Public Health Crisis and
to Revise Certain Measures which are Necessary for the Immediate
Preservation of the Public Health, Safety and Welfare of the City and are
Necessary to Slow the Community Spread of Coronavirus (COVID-19) in
the City of Brookings, South Dakota. Second Reading: December 15,
2020.
Memo
Ordinance - clean
Ordinance - marked
Summary of COVID Triggers
Attachments:
8. Public Hearings and Second Readings:
8.A.ID 20-0496 Public Hearing and Action on a Temporary Alcohol Application from St.
Thomas More Catholic School, to operate within the City of Brookings,
South Dakota, on February 6, 2021, for a Winter Gala and Grand Auction
to be held at 1700 8th Street South.
Memo
Hearing Notice
SDCL Reference
Attachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
8.B.RES 20-105 Public Hearing and Action on Resolution 20-105, a Resolution of Intent to
Lease Real Property to Lyle Bothe in Section 21-T110N-R50W (West of
Brookings Airport).
Page 3 City of Brookings
December 8, 2020City Council Meeting Agenda - Final
Memo
Resolution
Hearing Notice
Map
Attachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
8.C.RES 20-106 Public Hearing and Action on Resolution 20-106, a Resolution of Intent to
Lease Real Property to Lyle Bothe in Section 11-T109N-R50W (Main
Avenue S. & 32nd Street S.).
Memo
Resolution
Hearing Notice
Map
Attachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
8.D.RES 20-107 Public Hearing and Action on Resolution 20-107, a Resolution of Intent to
Lease Real Property to Lyle Bothe in the Wiese and Freeland Additions.
Memo
Resolution
Hearing Notice
Maps
Attachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
9. Other Business:
9.A.ID 20-0509 Action on a Legal Services Agreement between the City of Brookings and
Steven J. Britzman, Attorney at Law for a one-year contract (01/01/2021 -
12/31/2021).
Memo
Contract - clean
Contract - marked
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
10.ID 20-0502 COVID-19 Update.
11. City Council member introduction of topics for future discussion.
Any Council Member may request discussion of any issue at a future meeting only.
Items cannot be added for action at this meeting. A motion and second is required
stating the issue, requested outcome, and time. A majority vote is required.
12. Executive Session
12.A.ID 20-0505 Executive Session, pursuant to SDCL 1-25-2, for discussing the
qualifications, competence, performance, character or fitness of any public
Page 4 City of Brookings
December 8, 2020City Council Meeting Agenda - Final
officer or employee or prospective public officer or employee. The term,
employee, does not include any independent contractor. And, for consulting
with legal counsel or reviewing communications from legal counsel about
proposed or pending litigation or contractual matters.
Action: Motion to enter into Executive Session, Voice Vote
Action: Motion to exit Executive Session, Voice Vote
13. Adjourn.
Brookings City Council: Keith Corbett, Mayor; Patty Bacon, Deputy Mayor
Council Members Leah Brink, Joey Collins, 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 20-0501,Version:1
Action to approve the November 24, 2020 City Council minutes.
Attachments:
11/24/2020 Minutes
City of Brookings Printed on 12/3/2020Page 1 of 1
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Brookings City Council
November 24, 2020 (unapproved)
The Brookings City Council held a meeting on Tuesday, November 24, 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, and Joey Collins. Absent: Council Members Nick Wendell and
Oepke Niemeyer. City Attorney Steve Britzman, City Manager Paul Briseno, and City
Clerk Bonnie Foster were also present.
6:00 PM REGULAR MEETING
Consent Agenda. A motion was made by Council Member Brink, seconded by Council
Member Collins, to approve the agenda. The motion carried by the following vote: Yes:
5 - Corbett, Brink, Bacon, Tilton Byrne, and Collins; Absent: 2 - Niemeyer, and Wendell.
3.A. Action to approve the agenda.
3.B. Action to approve the November 10 and November 17, 2020 City Council
Minutes.
3.C. Action on annual Liquor and Wine Alcohol License Renewals for 2021. Liquor
(Off-Sale): Brookings Municipal Liquor Store, 780 22nd Ave. So. Liquor (On-Sale)
Convention Center: Wilbert’s/Comfort Suites University (Den Wil Hospitality Group,
Inc.), 921 25th Ave.; Park Place, Inc., 2500 6th Street. Liquor (On-Sale): Applebee’s /
Porter Apple Co. B Inc., 3001 LeFevre Dr.; Buffalo Wild Wings Bar & Grill / W&P of
Brookings, LLC, 1801 6th St.; Craft Fusion / Jesse Davis, LLC, 610 Medary Ave.;
Cubby’s Sports Bar & Grill / GDT Inc., 307 Main Ave.; Danny’s / David Olson Inc., 703
Main Ave. So.; Elks Club Lodge #1490, 516 4 th St.; Jim’s Tap / Urquhart Ent., Inc., 309
Main Ave.; Main Street Pub, 408 Main Ave; 9 Bar Nightclub / Nine Inc., 303 Main Ave.;
Pheasant Restaurant & Lounge / RGO, Inc., 726 Main Ave. So.; Pints & Quarts / KR
Hospitality, Inc., 313 Main Ave.; The Lanes (MG Oil Company), 722 Western Ave.; The
Ram (Jack’s ntertainment LLC, 327 Main Ave.; Ray’s Corner / Fergen Enterprises Inc.,
401 Main Ave.; Skinner’s Pub, Inc., 300 Main Ave.; Sully’s Irish Pub / B&L Sullivan Inc.,
421 Main Ave.; VFW GEO Dokken Post 2118, 520 Main Ave.; The Wild Hare / Wonder,
Inc., 303 3rd St. Restaurant (On-Sale): Whiskey Creek Wood Fire Grill / Brookings Steak
Co., LLC, 621 32nd Ave.; The Lodge/Den Wil Hospitality Group Inc., 2515 6th St. Wine
(On-Off Sale): Agua Fresh Foods / BAST, LLC, 420 Main Ave.; Brookings
Municipal Liquor Store, 780 22nd Ave. So.; BVG Backyard Grill, 1805 6th Street; Cenex
Zip Trip #63 / CHS, Inc., 1005 6th St.; Cenex Zip Trip #64 / CHS, Inc., 3045 LeFevre Dr.;
Children’s Museum of South Dakota, 521 4th St.; The Depot / ERL, LLC, 919 20th St.
So.; Deuces Casino, Commonwealth Gaming & Holdings Co., 223 6th St., Suite 105A;
Deuces Casino, Commonwealth Gaming & Holdings Co., 223 6th St., Suite 105B;
Deuces Casino, Commonwealth Gaming & Holdings Co., 223 6 th St., Suite 105C;
Eponymous Brewing Co., 126 Main Ave So.; Guadalajara Mexican Restaurant, 1715 6th
St., Suite F; Hy-Vee Food Store / Hy-Vee, Inc., 700 22nd Ave. So.; McCrory Gardens
Educational & Visitors Center, 6th St. & 22nd Ave.; New Sake / Sake, Inc., 724 22nd Ave.
So.; Old Sanctuary / Old Sanctuary Assoc., LLC, 928 4th St.; Pheasant Restaurant &
Lounge / RGO, Inc., 726 Main Ave. So.; Schoon’s Pump N’ Pak So. / Schoon
Properties, Inc., 1205 Main Ave. So.; Swiftel Center, 824 32nd Ave.; Wal-Mart
Supercenter #1538 / Wal-Mart Stores, Inc., 2233 6th St.; Wilbert’s/Comfort Suites
University / Den Wil Hospitality Group, 931 25th Ave.
3.D. Action on appointments to City Boards, Committees and Commissions.
Brookings Bicycle Advisory Committee: reappoint Eric Rasmussen (term expires
1/1/2024); Board of Adjustment: reappoint Justin Borns (term expires 1/1/2024), appoint
Matt Chandler to 1st Alternate Position (term expires 1/1/2024); Board of Appeals:
reappoint Spencer Hawley and Paul Sahr (terms expire 1/1/2024); Board of Health:
reappoint Albert Patin, Trish Matson Buus (terms expire 1/1/2024), appoint Nieema
Thasing (term expires 1/1/2024); Brookings Committee for People who have
Disabilities: reappoint Rachel Holm, Matthew Weiss, Brianna Doran, and Jenny
Grendler (terms expire 1/1/2024), appoint Daniel Gissing, Jon Stauff, and Carol Jung
(terms expire 1/1/2022); Brookings Health System Board of Trustees: appoint David
Meyer (term expires 1/1/2024); Business Improvement District #1 Board: reappoint
Randy Soma (term expires 1/1/2024); Historic Preservation Commission: reappoint
Janet Merriman and Janet Gritzner (terms expire 1/1/2024); Human Rights
Commission: reappoint Lawrence Novotny, Erinn Thomas (terms expire 1/1/2024),
appoint Nieema Thasing and Zahra Naji (terms expire 1/1/2024); Library Board:
reappoint Michael Linehan (term expires 1/1/2024), appoint Stephanie Carroll (term
expires 1/1/2024); Planning Commission: reappoint Eric Rasmussen, Jacob Mills, and
Tanner Aiken (terms expire 12/31/2025); Public Arts Commission: reappoint Trayce
Meyer, Linda Purrington, and Darla Biel (terms expire 1/1/2024); Sustainability Council:
appoint Darcy Green, Brianna Kratz, and Ben Vukovich (terms expire 1/1/2024); Swiftel
Center Advisory Committee: reappoint Nick Schmeichel (term expires 1/1/2024); Traffic
Safety Committee: reappoint Gary Gramm, Justin Bucher, and Chamber
Representative Kristina Lankow (terms expire 12/31/2023).
3.E. Action on Resolution 20-100, a Resolution declaring surplus property for the
City of Brookings.
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 KXPIIIA 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.
Open Forum. Dr. Klint Willert, Brookings School District Superintendent, thanked the
emergency responders and police officers who responded to the near -drowning
at the Brookings High School Pool on November 18th. He commended their response
time, their compassion, and their overall support for all individuals involved.
Bradley Walker expressed concerns regarding the mask mandate and the
ongoing restrictions set by the City Council on the City of Brookings business
owners.
SDSU Student Association Report. Zebadiah Johnson, SDSU Students Association
Government Affairs Chair, provided an update on SDSU happenings to the City Council
and public.
Presentation: Mayor’s Generational Leadership Award. Mayor Corbett presented
the 2020 Mayor's Generational Leadership Award to Ashley Biggar.
Presentation: Proclamation. Mayor Corbett presented a Proclamation recognizing
November 28, 2020 as Small Business Saturday to 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.
Resolution 20-099. A motion was made by Council Member Brink, seconded by
Council Member Collins, that Resolution 20-099, a Resolution Authorizing Change
Order No. 1 (Final) for 2020-05STI, Moriarty Park Drainage Improvement Project,
Rounds Construction, Inc., be approved. The motion carried by the following vote: Yes:
5 - Corbett, Brink, Bacon, Tilton Byrne, and Collins; Absent: 2 - Niemeyer, and Wendell.
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.
On-Off Malt License Transfer, with Video Lottery. A public hearing was held 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. A motion was made by Council
Member Brink, seconded by Council Member Bacon, that the On -Off Malt License
transfer, with Video Lottery, be approved. The motion carried by the following vote:
Yes: 5 - Corbett, Brink, Bacon, Tilton Byrne, and Collins; Absent: 2 - Niemeyer, and
Wendell.
Ordinance 20-024. A second reading was held on Ordinance 20-024, an Ordinance
Authorizing Supplemental Appropriation #6 to the 2020 Budget - Parts 1-3. A motion
was made by Council Member Collins, seconded by Council Member Brink, that
Ordinance 20-024 be approved. The motion carried by the following vote: Yes: 5 -
Corbett, Brink, Bacon, Tilton Byrne, and Collins; Absent: 2 - Niemeyer, and Wendell.
COVID-19 Update. City Manager Paul Briseno provided an update on COVID-19 to the
City Council and public.
Progress Report. Jacob Meshke, Assistant City Manager, provided a progress report
highlighting the City’s activities and projects to the City Council and public.
Executive Session. A motion was made by Council Member Brink, seconded by
Council Member Collins, to enter into Executive Session at 6:34 p.m., 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 with the City Council, City Manager, City
Attorney, City Clerk, Steve Meyer, Brookings Municipal Utilities Executive Vice-
President and General Manager, Tim Harvey, Utility Board Chair, and Eric Rasmussen,
BMU Attorney, present. The motion carried by a unanimous vote. A motion was made
by Council Member Brink, seconded by Council Member Collins, to exit Executive
Session at 7:00 p.m. The motion carried by the following vote: The motion carried by a
unanimous vote.
Adjourn. A motion was made by Council Member Brink, seconded by Council Member
Collins, that this meeting be adjourned at 7:01 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 20-0504,Version:1
Action on annual Wine Alcohol License Renewals for 2021.
Summary:
Enclosed for City Council review and action are the Annual Wine License renewals for 2021. All
required documentation has been submitted.
Wine (On-Off Sale):
1.Wooden Legs Brewing Co., Inc. 309-311 5th Street
2.Yessica’s Restaurant, 1300 Main Avenue South
Recommendation:
Staff recommends approval.
City of Brookings Printed on 12/3/2020Page 1 of 1
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City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 20-0498,Version:1
Presentation: Proclamation recognizing December 16, 2020 as Al Heuton Day.
Summary:
Mayor Corbett will read the Proclamation, designating December 16, 2020 as Al Heuton Day. The
Mayor will present the Proclamation to Al Heuton at a later date.
Attachments:
Proclamation
City of Brookings Printed on 12/3/2020Page 1 of 1
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Mayoral Proclamation
City of Brookings, South Dakota
WHEREAS, Al Heuton retires this month after 15 years of visionary and
devoted service as the Executive Director for Brookings Economic
Development Corporation; and
WHEREAS, Al’s strategic recruitment and expansion of businesses has
resulted in the creation of over 1,000 new jobs and capital investments
exceeding $100 million; and
WHEREAS, Al is directly responsible for bringing in over $24 million in
grant dollars for the Brookings region; and
WHEREAS, Brookings has seen tremendous growth during Al’s tenure
including a population increase of 26% and an ongoing economic
impact from his work of more than $100 million annually; and
WHEREAS, Brookings has garnered significant national recognition for
economic success during Al’s tenure including being named #16 Best
Performing Micropolitan in the Country by Policom in 2020, a National
Micropolitan Success Story by the Walton Family Foundation in 2018
and one of only eleven communities chosen for a Case Study for
Positive Economic Transformation for the State of Indiana in 2014.
NOW THEREFORE, I, KEITH W. CORBETT, Mayor of the City of Brookings,
South Dakota, do hereby proclaim Wednesday, December 16, 2020, as
AL HEUTON 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 8th day of December, 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 20-0500,Version:1
Project Update: 20th Street South BUILD Grant / Interchange.
Summary:
The City of Brookings was awarded a federal “Better Utilizing Investments to Leverage
Development” (BUILD) Grant to construct 20th Street South between 22nd Avenue South and 34th
Avenue South along with an interchange at I-29 & 20th Street South. The engineering firm HDR was
hired to complete the first phase of the project, which includes the Interstate Justification Report,
environmental assessment, right-of-way and design. Staff will provide an update of the project and
the 60% construction cost estimate.
Background:
The BUILD grant was awarded to the City of Brookings in the fall of 2019. The grant provides for
constructing 20th Street South from 22nd Avenue South to 34th Avenue South along with a new
interchange. The BUILD Grant was awarded through the U.S. Department of Transportation for a
total project cost anticipated at $23,347,037. Approximately $4,669,407 or 20% of the funding is
local. This local match is met with City partners including $2 million from Brookings County,
$669,407 from Private Donors and $2 million of City funding to make the project possible.
Staff will provide a 60% construction review at this meeting. The 90% review is tentatively scheduled
for February, 2021.
Attachments:
Memo
Map
Presentation
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City Council Agenda Memo
From: Jackie Lanning, City Engineer
Council Meeting: December 8, 2020
Subject: Project Update: 20th Street South BUILD Grant/Interchange
Person(s) Responsible: Jackie Lanning, City Engineer
Summary:
The City of Brookings was awarded a federal “Better Utilizing Investments to Leverage
Development” (BUILD) Grant to construct 20th Street South between 22nd Avenue South
and 34th Avenue South along with an interchange at I-29 & 20th Street South. The
engineering firm HDR was hired to complete the first phase of the project, which will
include the Interstate Justification Report, environmental assessment, right -of-way and
design. Staff will provide an update of the project and the 60% construction cost
estimate.
Background:
The BUILD grant was awarded to the City of Brookings in the fall of 2019. The grant
provides for constructing 20th Street South from 22nd Avenue South to 34th Avenue
South along with a new interchange. The BUILD Grant was awarded through the U.S.
Department of Transportation for a total project cost anticipated at $23,347,037.
Approximately $4,669,407 or 20% of the funding is local. This local match is met with
City partners including $2 million from Brookings County, $669,407 from Private Donors
and $2 million of City funding to make the project possible.
In January, City staff met with the State and Federal government officials. A timeline
was developed to meet the grant deadlines and notice was given that all engineering,
design, environmental, etc. needs to be finalized by June 2021 and bidding for
construction is anticipated in September 2021. To meet this aggressive timeline, the
State has agreed to take the administrative lead while the City is identified as the project
manager. This grants the state greater oversight as they have extensive knowledge
and experience with federal grants, timelines, funding and large scale projects.
Item Details:
On March 10th, HDR was hired as the engineering team to complete the first phase of
the project, which will include the Interstate Justification Report, environmental
assessment, right-of-way, and design. Staff will provide an update of the process to this
point, the current project schedule, and describe the 60% construction cost review. A
summary of the 60% project estimate is as follows:
The 90% review is tentatively scheduled for February, 2021.
Legal Consideration:
None.
Strategic Plan Consideration:
This project meets the comprehensive transportation component of the Brookings Area
Master Transportation Plan. This project also furthers the accomplishment of a City
Council Strategic Initiative - Provide for the planning, financing, and construction of East
20th Street South Interchange with I-29.
Financial Consideration:
The local match of $4,669,407 has been set aside through prior City Council action. In
addition, the City and County adopted a Memorandum of Understanding for
reimbursement. The updated cost estimates are provided at the 30%, 60%, and 90%
stages of the project.
Supporting Documentation:
Map
Presentation
TIMELINE05 VS. 2018:
2008 2010 2015 2018 2019
•March/April, 2020: Traffic Counts, website release, landowner meetings
•May/June: updated Interstate Justification Report/EA/Utility Mtgs/Prelim Design
•July/Aug: EA/Utility Exploration/Preliminary Design/30% Plans & Cost Estimate
•September 1: Phase 1 Grant Agreement Approved
•Sept/Oct: Release Draft EA at public on-line meeting/Finalize ROW/Plan Design
•Nov/Dec: Finalize EA/Meet with Landowners/60% Plans & Cost Estimate
•2021: Finalize Plans/Acquire ROW/Purchase Wetland Mitigation/90% Cost Estimate
•Sept 2021: Anticipated Bid Letting Date
•2022/2023: Anticipated Construction
**Normally a 4 year time frame
2008 2010 2015 2018 2019
Alternate 5 Recommended in EA
STREET LIGHTS05 VS. 2018:
2008 2010 2015 2018 2019
•20th St S Design:
30’ tall light poles,
8’ arm, LED, 140’
spacing
•City to provide
power to street
lights and perform
maintenance
•SDCL 49-34A-57:
service to utility’s
own property or
facilities
20th Street South Interchange Project05
VS. 2018:
TASK
Design/ROW/DOT Costs/Utility
Relocation
Wetland Mitigation
Construction Administration (DOT)
Construction Costs (Asphalt)*
Construction Costs (Concrete)*
Total Estimate with Asphalt
Total Estimate with Concrete
*Only one pavement type will be bid
GRANT APP 30% Estimate 60% Estimate 90% Estimate
$1,912,639
$186,090
$1,604,063
$19,644,245
$19,644,245
$23,347,037
$23,347,037
$2,826,284
$186,090
$1,604,063
$18,193,035
$18,536,885
$22,809,472
$23,153,322
$2,826,284
$186,090
$1,604,063
$18,354,703
N/A
$22,971,140
N/A
NEXT STEPS
•Compile comments and responses
on EA, finalize EA document,
submit for approval
•Respond to landowners on their
questions and access options
•Continue Design, 90% cost
estimate in approx. Feb. 2021
•Project is meeting the grant
schedule
•Project Website:
www.20thstinterchange.com
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 20-101,Version:1
Action on Resolution 20-101, a Resolution Authorizing Change Order No. 1 (Final) for 2020-08STI
Street Maintenance & Overlay Project; Bowes Construction, Inc.
Summary:
The 2020-08STI Street Maintenance & Overlay Project is completed and ready to be closed out. The
final cost of the project is $817,201.60, which is an increase of $34,630.57 from the original bid. The
increased cost was due to additional asphalt quantities for thicker pavement on 2nd Street near the
Street Department and increased digout areas on other streets to allow for thicker paving.
The project summary is as follows:
Original Contract Price:$782,571.03
Change from Previously Approved Change Orders:$0.00
Contract Price Prior to this Change Order:$782,571.03
Increase of this Change Order (No. 1 Final):$34,630.57
Contract Price incorporating this Change Order:$817,201.60
Fiscal Impact:
The contract will be increased by $34,630.57 to close out the project. The additional costs will be
paid for under the Street & Sidewalk Improvement budget.
Recommendation:
Staff recommends approval.
Attachments:
Memo
Resolution
Map
City of Brookings Printed on 12/3/2020Page 1 of 1
powered by Legistar™
City Council Agenda Memo
From: Jackie Lanning, City Engineer
Council Meeting: December 8, 2020
Subject: Resolution 20-101: Change Order No. 1 (Final) for 2020-
08STI Street Maintenance & Overlay Project; Bowes
Construction, Inc.
Person(s) Responsible: Jackie Lanning, City Engineer
Summary:
The resolution will authorize Change Order No. 1 (Final) for 2020-08STI Street
Maintenance & Overlay Project with Bowes Construction, Inc. to adjust bid quantities to
as-constructed quantities for an increase of $34,630.57 to close out the project.
Background:
This project is the annual street maintenance project which included asphalt milling,
digouts and overlays on the following streets:
• 2nd Street from 6th Avenue to Medary Avenue
• Yorkshire Drive from Sunrise Ridge Road to the west approximately 1,000
feet
• Faculty Drive water main and paving on the east segment
• 10th Street from 22nd Avenue to 25th Avenue
• West 7th Avenue from West 13th Street to the north
• Alley between 6th Avenue and 7th Avenue connecting 8th Street and 9th Street
Item Details:
The project is completed and is ready to be closed out. The project summary is as
follows:
Original Contract Price: $782,571.03
Change from Previously Approved Change Orders: $0.00
Contract Price Prior to this Change Order: $782,571.03
Increase of this Change Order (No. 1 Final): $34,630.57
Contract Price incorporating this Change Order: $817,201.60
The change order increase was due to thicker pa ving on 2nd Street near the Street
Department and increased digout areas on other streets to allow for thicker paving. The
thicker pavements will result in a higher quality of street to extend the pavement life on
those segments. The contractor is being charged 3 working days for work that was
completed after the substantial completion date.
Legal Consideration:
None.
Strategic Plan Consideration:
The street maintenance program furthers the accomplishment of City Council Strategic
Initiative of Maintaining Facilities with a Sustainable Plan. The asphalt material that is
milled from the street surfacing is used in the hot asphalt mix that is placed in the
overlay, thereby recycling the amount of virgin aggregate material and using less
percentage of oil in the mix. The asphalt overlays will extend the life of the streets and
reduce the need for a full reconstruction of the streets.
Financial Consideration:
The contract with Bowes Construction will be increased by $34,630.57 to close out the
project. The additional costs will be paid for under the Street & Sidewalk Improvement
budget.
Options and Recommendation:
The City Council has the following options:
1. Approve as presented
2. Amend
3. Deny
4. Move the item to a study session
5. Do nothing
Staff recommends approval of the resolution as presented.
Supporting Documentation:
Resolution
Map
Resolution 20-101
Resolution Authorizing Change Order No. 1, Final, for
2020-08STI Street Maintenance and Overlay Project; Bowes Construction, Inc.
Be It Resolved by the City Council that the following change order be allowed for 2020-
08STI, Street Maintenance and Overlay Project:
Construction Change Order Number 1 (Final): Adjust plan quantities to as-constructed
quantities for a total increase of $34,630.57 to close out the project.
Passed and approved this 8th day of December, 2020.
CITY OF BROOKINGS
________________________________
Keith W. Corbett, Mayor
ATTEST:
_________________________
Bonnie Foster, City Clerk
INNOVATION DR10TH ST S16TH AVE15TH AVE12TH AVESTADIUM RDVINE ST3RD ST S4TH ST S13TH STVICTORY ST1ST ST1ST ST1ST ST S17TH AVEDAKOTA AVER
ESEARCH PKWYYORKSHIRE DREASTBROOK DRUNIVERSITY BLVD11TH AVE25TH AVE25TH AVEW 2ND ST SRAILROAD STTHUNDER PASS7TH AVE S11TH STFRONT STFRONT STWESTERN AVEW US HWY 14 BYPLEGEROS DRPAMELA DRHERITAGE DRNICOLE LNMINNESOTA DR20TH AVE20TH AVE14TH AVE14TH AVEPA
RK
AVE ORCHARD DRDERDALL DRMEDARY AVE S7TH ST1ST AVE SCAMPANILE AVE9TH ST9TH ST10TH ST13TH ST W2ND AVEMAIN AVEMAIN AVE8TH ST S8TH ST SOHIO DR10TH ST W32ND AVEW 8TH ST S13TH AVE13TH AVE1ST AVE5TH AVE7TH ST W2ND ST4TH ST5TH STRAMPRAMP
RAMPRAMPRAMP
RAMPRAMP
PRINCE DRMORNI
NGSIDE DR8TH ST WMEDARY AVE7TH AVE6TH AVECIRCLE DR22ND AVEFOREST STELM AVEUS HWY 14 BYP16TH AVE S3RD AVE S2ND ST SELMWOOD DRW US HWY 14W US HWY 1422ND AVE SI 29I 29I 29I 29I 29I 29OLWIEN ST8TH ST6TH6TH ST6TH ST6TH ST
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 20-102,Version:1
Action on Resolution 20-102, a Resolution Approving an Art Installation Agreement between the City
of Brookings and Reed Madden for the purpose of Public Art at Bob Shelden Field.
Summary:
This resolution will award the Bob Shelden Public Art Project to Reed Madden Designs for the
contract price of $190,000.
Background:
In February 2016 the City Council established the Dedicated Public Art Fund and created the Public
Arts Commission to provide oversite of the fund and to advance public art in the City of Brookings. In
October 2019 the Public Arts Commission voted to pursue a public art project in coordination with the
Bob Shelden Athletic Complex Renovation. A total project budget of $200,000 was identified for the
project and brought to Council for preliminary approval in early 2020.
Fiscal Impact:
The City would enter into a contract with Reed Madden Design for the amount of $190,000 and is
within the specified project budget.
The current balance of the 2020 Dedicated Art Fund expense line item is $229,238.
Recommendation:
The City Council has the following options:
1.Approve as presented
2.Amend
3.Refer to a Study Session
4.Deny
5.Do nothing
Staff recommends approval of the Reed Madden Design Art Installation Agreement.
Attachments:
Memo
Resolution
Installation Agreement
Exhibit A - Sculpture
City of Brookings Printed on 12/3/2020Page 1 of 1
powered by Legistar™
City Council Agenda Memo
From: Dusty Rodiek, Parks & Recreation Director
Council Meeting: December 8, 2020
Subject: Resolution 20-102: Public Arts Installation Agreement - Bob
Shelden Project
Person(s) Responsible: Dusty Rodiek, Parks & Recreation Director
Summary:
This resolution will award the Bob Shelden Public Art Project to Reed Madden Designs
for the contract price of $190,000.
Background:
In February 2016 the City Council established the Dedicated Public Art Fund and
created the Public Arts Commission to provide oversite of the fund and to advance
public art in the City of Brookings. In October 2019 the Public Arts Commission voted to
pursue a public art project in coordination with the Bob Shelden Athletic Complex
Renovation. A total project budget of $200,000 was identified for the project and brought
to Council for preliminary approval in early 2020.
Item Details:
The Public Arts Commission’s nationwide Call for Public Art (RFP) received 71
responses. After an extensive review process and careful consideration, the art
selection subcommittee recommended the proposal from Reed Madden Designs to the
full commission and it was unanimously approved by the Public Arts Commission at a
special September 2020 meeting. Upon approval of the Public Arts Installation
Agreement, the Reed Madden Design group will begin creating the art sculpture at their
home studio in Berkley, CA. Anticipated installation of the artwork in Brookings at Bob
Shelden Field is August 2021.
Legal Consideration:
The City Attorney has reviewed the agreement.
Strategic Plan Consideration:
This item falls within the category of creating a connected community.
Financial Consideration:
The City would enter into a contract with Reed Madden Design for the amount of
$190,000 and is within the specified project budget.
The current balance of the 2020 Dedicated Art Fund expense line item is $229,238.
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 of the resolution as presented.
Supporting Documentation:
Resolution
Installation agreement
Project Concept & Costs
Resolution 20-102
A Resolution Approving an Art Installation Agreement between the City of
Brookings and Reed Madden for the purpose of Public Art at Bob Shelden Field
Whereas, the City of Brookings is the owner of Bob Shelden Athletic Field Complex
located at 621 Medary Avenue South; and
Whereas, one of the goals of the City of Brookings’ Strategic Plan is to create a
connected community through opportunities for public engagement and added vibrancy
to public spaces through the use of art; and
Whereas, the City of Brookings selected Reed Madden Designs, a professional art
team, through a competitive process as the preferred artist for the Bob Shelden project;
and
Whereas, the City of Brookings has negotiated a Public Art Installation Agreement with
Reed Madden Designs for the construction and installation of public art at the Bob
Shelden Athletic Field Complex.
Now, Therefore, Be It Resolved by the City Council of the City of Brookings, South
Dakota that the proposed Public Art Installation Agreement between the City of
Brookings and Reed Madden Designs be approved, together with the terms and
conditions included therein, for the public art project at Bob Shelden Athletic Complex.
Adopted this 8th day of December, 2020.
CITY OF BROOKINGS
Keith W. Corbett, Mayor
ATTEST:
Bonnie Foster, City Clerk
AGREEMENT BETWEEN THE CITY OF BROOKINGS, SOUTH DAKOTA
AND REED MADDEN DESIGNS REGARDING A PUBLIC ART INSTALLATION
This Agreement is made by and between the City of Brookings, South Dakota (the
“City”), and Reed Madden Designs, (the “Artists”) whose address is 66 Twain Avenue,
Berkeley, California 94804, for the following project:
Installation of a Sculpture known as “Play Ball” at Brookings’ Bob Shelden Field
WHEREAS, the Artists were selected by the City to design, fabricate and install a
sculpture known as “Play Ball” (the “Artwork”); and
WHEREAS, the Artists have agreed to provide the Artwork for installation at the
Brookings’ Bob Shelden Field (“the Project Site”); and
WHEREAS, the Artists, the City of Brookings and the Brookings Public Arts
Commission agree to establish a cooperative relationship to best complete this
significant Project;
NOW, THEREFORE, the City and the Artists, for the consideration and under the
conditions hereinafter set forth, agree as follows:
SECTION 1. TERM OF AGREEMENT.
The term of this Agreement shall commence on the ___ day of __________________,
2020, through the 30th day of November, 2021, or until services are completed in
compliance with Section 2, whichever is sooner.
SECTION 2. SCOPE OF WORK
2.1 GENERAL
2.1.1 Design. Artists submitted a design concept/schematic (the “Design Proposal”)
with an accompanying budget (the “Budget”), pursuant to a competition
organized for the procurement of an artist to design and fabricate artwork
suitable for the current project, which Design was selected and approved by the
City. The Artists’ Design Proposal and Budget (pg. 7 of Design P roposal) is
attached to this Agreement as Exhibit “A”.
2.1.2 The Artists will provide all services and furnish all supplies, materials and
equipment as necessary for the design, fabrication, construction, transportation,
unloading and installation of the Artwork at the Project Site, unless otherwise
agreed to in writing by both parties. The Artwork is described as follows:
(A) Terms and Conditions:
Art Work Title: Play Ball
Medium: Sculpture
Artwork Size: The dimensions are set forth in the Concept
Section of Artists’ proposal.
Description: The two-part sculpture has an oversized
“bouncing” baseball on one side and a glove to catch it on
the other. The baseball is suspended directly above the path
to mark the entrance. The beginning of the ball’s arc points
to the ball field from whence it came.
Approval of Sketches: Brookings Parks and Recreation Dept.
Installation: Completed no later than October 31, 2021
Final Acceptance: November 30, 2021
(B) Artists further agree to provide artwork to City that is substantially similar
to Artwork as shown in the concept documents approved by the Brookings
Parks and Recreation Department and the Brookings Public Arts
Commission. Artists agree to sculpt, fabricate, paint, deliver and install the
finished Artwork to City on or before October 31, 2021.
(C) In any public presentation or publication of this work the Artists will
acknowledge that it was commissioned by the City of Brookings, South
Dakota.
(D) All required laws, regulations, codes and ordinances will b e observed.
(E) Artists will arrange the transportation and installation of the Artwork in
consultation with the City. If Artists do not install the Artwork, Artists shall
supervise and approve the installation.
(F) Artists will provide required insurance in amounts and limits specified in
Section 5.4.
(G) Artists will provide a list of all subcontractors along with a copy of the
agreement between the Artists and each subcontractor.
(H) Artists will install the art on the site that the City has prepared and
identified.
2.1.3 The Artists will coordinate their work with the Brookings Parks and Recreation
Department, and its representative Dusty Rodiek, and with the Brookings Public
Arts Commission, and its representative, Darla Biel.
2.1.4 The Artists will complete the fabrication, assembly and installation of the Artwork
in the location approved by the City. The City shall provide timely and suitable
access to the installation site.
2.1.5 FINAL ACCEPTANCE. The Artists will advise the City in writing when all of their
services have been completed. The City will notify the Artists within 30 days and
in writing of its acceptance of the Artwork. Title of Ownership to the Artwork will
pass to the City upon final acceptance.
2.1.6 DOCUMENTATION OF THE ARTWORK. Within sixty (60) days after installation
of the Artwork, the Artists will furnish the City with the following documentation
concerning the Artwork:
2.1.6.1 A brief narrative description of the Artwork for use on the City’s website
and in printed publications.
2.1.6.2 Instruction for appropriate maintenance and preservation of the Artwork.
SECTION 3: COMPENSATION AND PAYMENT SCHEDULE
3.1 The City will pay the Artists a fixed fee of One Hundred Ninety Thousand and
no/100 ($190,000.00) Dollars which constitutes full compensation for all services and
materials to be performed and furnished by the Artists under this Agreement, including
all fees, services, expenses, materials, travel, freight, taxes and any other costs
associated with providing the Artwork.
3.2 Compensation will be paid as follows:
Initial payment of $47,500.00 at the time of signing this Agreement.
Partial payment of $47,500.00 based on appro ximately 25% completion.
Partial payment of $47,500.00 based on approximately 75% completion.
Final payment of $47,500.00 upon completion of the installation of the
Artwork
SECTION 4. TIME OF PERFORMANCE
4.1 DURATION. The services of the Artists will be substantially completed by October
31, 2021. Installation dates will be mutually agreed upon and scheduled between the
Artists and the City. It is anticipated the Artwork will be installed in August, 2021.
4.2 TRANSPORTATION AND INSTALLATION OF ARTWORK. T he Artists are
responsible for transportation of the Artwork to the City of Brookings for installation. The
Artwork must be installed by the agreed-upon date. The Artwork must be suitable for
installation in an outdoor setting, open to the elements in Brookings.
4.3 INSTALLATION OF ARTWORK. The Artists will install the Artwork on the dates to
be agreed upon with the City of Brookings. Upon request, the City will provide
installation assistance as agreed in advance. However, Artists will oversee and
complete the installation process using their tools and hardware as required. The City’s
staff, if utilized, will not be responsible for loss or damage to the Artwork during
installation.
4.4 ACCEPTABLE STANDARD OF DISPLAY. Artists represent and warrant that:
i. General routine cleaning and repair of the Artwork and any associated
working parts and/or equipment will maintain the Artwork within an
acceptable standard of public display.
ii. Foreseeable exposure to the elements and general wear and tear will cause
the Artwork to experience only minor repairable damages and will not cause
the Artwork to fall below an acceptable standard of public display.
iii. With general routine cleaning and repair, and within the context of
foreseeable exposure to the elements and general wear and tear, the
Artwork will not experience irreparable conditions that fall within an
unacceptable standard of public display, including mold, rust, fracturing,
staining, chipping, tearing, abrading and peeling.
iv. Manufacturer’s Warranties. To the extent the Artwork incorporates products
covered by a manufacturer’s warranty, Artists shall provide copies of such
warranties to City.
SECTION 5. TITLE/REPRODUCTION RIGHTS
5.1 ARTISTS’ REPRESENTATIONS AND WARRANTIES.
(A) Warranties of Title. Artists represent and warrant that:
a) the Artwork is solely the result of the artistic effort of Artists;
b) except as otherwise disclosed in writing to the City, the Artwork is
unique and original and does not infringe upon any copyright or the
rights of any person;
c) the Artwork (or duplicate thereof) has not been accepted for sale
elsewhere;
d) Artists have not sold, assigned, transferred, licensed, granted or
encumbered the Artwork;
e) the Artwork is and will be at time of title transfer free and clear of
any liens from any source whatsoever;
f) all Artwork created by Artists under this Agreement, whether
created by Artists alone or in collaboration with others, shall be
wholly original with Artists and shall not infringe upon or violate the
rights of any third party;
g) these representations and warranties shall survive the termination
of this Agreement.
(B) Warranties of Quality and Condition.
a) Artists represent and warrant that all work will be performed in
accordance with professional “workmanlike” standards and free
from defective or inferior materials and workmanship, including
qualities that cause or accelerate deterioration of the Artwork for
one year after the date of final acceptance by the City.
b) Artists represent and warrant that reasonable maintenance of the
Artwork will not require procedures substantially in excess of those
described in the Maintenance & Preservation Plan submitted by
Artists pursuant to Section 2.1.6.2.
(C) Title. Title to the Artwork shall pass to City upon City’s written final
acceptance and payment for the Artwork. Artists will provide City with a
Transfer of Title in substantially the form attached hereto as Exhibit “B”.
(D) Copyright of Ownership. Artist retains all rights under the Copyright Act of
1976, 17 U.S.C. § 101 et seq., as the sole authors of the Artwork for the
duration of the copyright.
(E) Reproduction Rights.
a) In view of the intention that the final Artwork will be unique, Artists
will not make any additional exact duplicate three -dimensional
reproductions of the final Artwork, nor will Artists grant permission
to others to do so except with written permission of City. However,
nothing shall prevent Artists from creating future Artworks in Artists’
manner and style or artistic expression.
b) Artists grant to City and its assigns an irrevocable license to make
two-dimensional and miniature three-dimensional reproductions of
the Artwork for non-commercial purposes, including, but not limited
to, reproductions used in brochures, media publicity and exhibition
catalogs and other similar publications.
c) The City of Brookings may use images of the Artists and Artwork in
promotional or educational materials. In view of the intention that
the Artists' Design Proposal and Artwork will be unique, the Artists
will not make any additional duplicate reproductions of it except for
promotional and marketing purposes, nor will the Artists grant
permission to others to do so except with the written permission of
the City of Brookings.
d) Artists will give acknowledgement to the City in substantially the
following form: “an original Artwork commissioned by and in the
public art collection of the City of Brookings.”
e) If the City wishes to make reproductions of the Artwork for
commercial purposes, including, but not limited to, T-shirts,
postcards and posters, the parties hereto shall execute a separate
agreement to address the terms of the license granted by Artists
and the royalty Artists shall receive.
f) Third Party Infringement. City is not responsible for any third party
infringement of Artists’ copyright and is not responsible for
protecting the intellectual property rights of Artists.
5.2 INDEPENDENT CONTRACTOR. In performing the services herein specified, Artists
are acting as an Independent Contractor, and neither Artists nor any of Artists’ staff
shall be considered employees of City.
5.3 RISK OF LOSS. Artists will bear the risk of loss or damage to the Artwork until City’s
final acceptance of the Artwork. Artists will take such measures as are reasonably
necessary to protect the Artwork from loss or damage. The City will bear the risk of loss
or damage to the Artwork prior to final acceptance only if, during such time, the partially
or wholly completed Artwork is in the custody, control or supervision of City or its
agent(s) for the purposes of transporting, storing, installing or performing other services
to the Artwork.
5.4 GENERAL INSURANCE.
(A) Insurance. Artists will, at their sole cost and expense, procure and
maintain throughout the term of this contract insurance, with minimum
policy limits equal to or greater than the coverage limits documented in
Exhibit “C”, and will provide a certificate of insurance evidencing such
coverage, and naming the City as a named, additional insured. Said
insurance coverages procured by Artists shall be considered, as primary
insurance over and above any other insurance, or self -insurance,
available to the City, and that any other insurance available to the City
shall be considered secondary to, or in excess of, the insurance
coverage(s) procured by Artists as required herein.
(B) Artists acknowledge that until final acceptance of the Artwork by the City,
any injury to property or persons caused by the Artists’ Artwork or any
damage to, theft of, vandalism to, or acts of God affecting the Artists’
Artwork are the sole responsibility of Artists, including, but not limited to,
any loss occurring during the creation, storage, transportation or delivery
of the Artists’ Artwork, regardless of where such loss occurs.
5.5 INDEMNIFICATION. Artists will defend, indemnify and hold harmless the City and
all of City’s officers, and employees from, liabilities, damages, losses, and costs,
including, but not limited to, reasonable attorneys' fees, to the extent caused in whole or
in part by the negligence, recklessness, or intentionally wrongful conduct of the Artists
and other person employed or utilized by the Artists in the performance of this
Agreement. This obligation does not expire or terminate with the remainder of this
Agreement.
5.6 TERMINATION. Either party may terminate this Agreement upon breach by the
other party of any material provision of this Agreement, provided such breach continues
for fifteen (15) days after receipt by the breaching part y of written notice of such breach
from the non-breaching party. Should City terminate this Agreement after
commencement of physical construction on the Artwork due to a breach by Artists, City
may elect to either (1) retain the Artwork, in which case Artists shall be considered to
have waived any rights regarding the Artwork under this Agreement and state and
federal laws, including any claim of title, such that the City may independently complete
the Artwork with or without Artists’ permission; or (2) reject the Artwork, in which case
Artists shall return all payments received from the City and Artists shall be responsible
for the prompt removal of the Artwork from the Site and returning the Site to its original
condition. Should Artists fail to return the Site to its original condition within 60 days, the
City may freely dispose of the Artwork and charge all costs of removal and Site repair to
Artists.
5.7 ENTIRE AGREEMENT MODIFICATION. This Agreement contains the entire
understanding of the parties with respect to the subject matter hereof and supersedes
all prior agreements, oral or written, and all other communications between the parties
relating to such subject matter. This Agreement may not be amended or modified
except by mutual written agreement of the authorized parties to this Agreement.
5.8 GOVERNING LAW. This Agreement shall be construed in accordance with the laws
of the State of South Dakota. The venue for any litigation involving this Agreement shall
be the Third Circuit Court in and for Brookings County, South Dakota.
5.9 NOTICES. All notices hereunder by either party to the other shall be in writing,
delivered personally, by certified or registered mail, return receipt requested, or by
overnight courier, and shall be deemed to have been duly given when delivered
personally or when deposited in the United States mail, postage prepaid, addressed as
follows:
As to City:
Dusty Rodiek, Parks and Recreation Director
City of Brookings
520 Third Street, Suite 130
Brookings, South Dakota 57006
(605) 692-2708
drodiek@cityofbrookings.org
As to Artists:
Jeffrey Reed and Jennifer Madden
66 Twain Ave.
Berkeley, Ca 94804
510-384-0804
Reed@reedmadden.com, rm@reedmadden.com
or to such other persons or places as either party may from time to time designate by
written notice to the other.
5.10 ASSIGNMENT. Artists shall not assign or transfer, in whole or in part, this
Agreement or any of Artists’ rights, duties or obligations under this Agreement without
the prior written consent of the City.
SECTION 6. ENTIRE AGREEMENT
This writing embodies the entire Agreement and understanding between the parties
hereto, and there are no other Agreements and understandings, oral or written, with
reference to the subject matter hereof that are not merged herein and superseded
hereby.
Dated this _____ day of December, 2020. CITY OF BROOKINGS
BY:
ATTEST: Paul Briseno, Its: City Manager
Bonnie Foster, City Clerk
Dated this _____ day of December, 2020. REED MADDEN DESIGNS, Artists
BY:
____________________, Its: Owner
Play Ball Jeffrey Reed + Jennifer Madden
1
1. CONCEPT:
Play Ball greets visitors and residents to Brookings’ Bob Shelden Field. The tall iconic
piece marks the area as a baseball field where balls fly and people catch.
The two-part sculpture has an oversized “bouncing” baseball on one side and a glove to
catch it on the other. The baseball is suspended directly above the path to mark the entrance. The
beginning of the ball’s arc points to the ball field from whence it came.
The arc of the ball is 24-feet tall and 30-feet wide, and is made of 9-inch diameter stainless
steel with a longitudinal grained finish to catch the light. The 4-foot diameter baseball, hung 17-
feet in the air, is made of hand hammered stainless steel topped with an off-white automotive
paint. (The stainless base will deter aging from water corrosion.) Bronze rods are welded to the
surface of the ball to give the illusion of stitching and add color as well as a three-dimensional
component.
On the other side of the entry path is a 12.5-foot wide by 12.5-foot deep glove that puts
people in the middle of the action. This glove is made of multicolored concrete, and is set on top
of rubber green playground matting so that children can play in safety. The front edge of the
glove is angled to provide seating for six or seven people. Children and adults can also lounge
Play Ball Jeffrey Reed + Jennifer Madden
2
within the glove or sit on the tips of the fingers. The glove makes a great place to stage a team
photo.
Although few games are scheduled to be played after dark, the artists propose up lighting
the sculpture so it can be seen from the street in the evenings with three bronze LED fixtures.
A bronze plaque (8” x 8”) with title and possible dedication will be mounted below the
base of the arc. (The artists are open to other wording.) Built of materials to withstand harsh
weather and be vandal resistant, the sculpture can be be enjoyed for many decades.
Play Ball
2021
Jeffrey Reed + Jennifer Madden
Bob Shelden, an outstanding athlete at Brookings
High School and South Dakota State College, died
at age 21 of Hodgkin’s disease. This ball field is
named in his honor.
2. IMAGES:
Play Ball Jeffrey Reed + Jennifer Madden
3
Play Ball Jeffrey Reed + Jennifer Madden
4
Play Ball Jeffrey Reed + Jennifer Madden
" j aj^iif"^ ^USi
Alternative night lighting within the sculpture creates a "bouncing" effect and adds
interest at night.
5
Play Ball Jeffrey Reed + Jennifer Madden
5
3. PROJECT GOALS:
• Create a sense of arrival and an iconic gateway.
• Be of a large size to be viewed from afar.
• Provide comfortable seating and encourage gathering while waiting for a game or a ride.
• Create a destination for team photos around and in the sculpture.
• Provide a safe play structure to amuse children.
• Create a timeless sculpture made of enduring materials that appeals to a wide audience.
• Honor Bob Shelden
• Enrich identity and pride in Brookings.
• Put a smile on people’s faces.
4. MATERIALS:
• The “bounce” and structural support for the ball are made of polished stainless steel.
• The ball is made of stainless steel with welded bronze top rods and off-white paint.
• The glove is made of reinforced concrete with air-entrainment to resist water
penetration for freeze-thaw issues and is sealed with a high-quality clear coating.
• The ground plane around the glove sculpture is made of green rubber “Forever Lawn”
that is made for playgrounds with a six-foot fall rating and estimated 35-year life.
• Three in-ground up lights, bronze fixtures with LEDs (if electricity available).
• The title plaque with dedication is made of bronze, ≈ 8” x 8”
5. ACCESSIBILITY
The surface area around the glove is wheelchair accessible, and ADA compliant.
The area around the bouncing ball is level ground.
6. INSTALLATION PLAN:
Reed Madden Designs will install the sculpture and footings; they are licensed
contractors. The company, Foreverlawn, will install the surrounding green rubber
matting. The artists anticipate renting a mini-excavator and dump truck for digging the
footings and removing soil, as well as a forklift to unload and erect the sculpture. Bolting
sculptural elements to footings underneath finish slab will allow for efficient installation.
The area will be cordoned off during the estimated nine days of construction.
7. PROJECT SCHEDULE:
Total time to complete the sculpture is estimated at four months.
PHASE ONE: Make large mock-ups in base materials. Review design with structural
engineer, and revise as needed. Create construction documents and apply for
permit with stamped engineered drawings. (Feb. 2021 start date.)
PHASE TWO: Order materials & begin construction of sculptures. All bending,
molding, welding, grinding and finishing will be done by Reed and Madden at
their shop in Richmond, California. Jeff Reed is a certified welder.
PHASE THREE: After approval of final sculpture by clients, prepare sculpture for
transportation + installation. Reed Madden Designs are licensed contractors.
Installation completed in summer 2021.
8. MAINTENANCE:
The sculpture is designed to be vandal-resistant and low maintenance. The sculpture should
last for many decades. Only the concrete glove will need yearly sealing to extend the life of
the concrete. A mild citric acid can be used on the stainless steel arcs to brighten the surface.
Play Ball Jeffrey Reed + Jennifer Madden
6
9. PROJECT BUDGET:
Onsite pre-construction meeting, travel/ hotel accommodations for Reed + Madden $1,200
Construction drawings for permit $5,000
Structural engineering, documentation + coordination (RBHU engineering) $6,000
Insurance: general liability, auto and risk of loss (Brown & Brown) $1,200
City Business License Fee $200
Legal contract review $400
Administration $1,500
City Permit Fees (to be waived by public owner) No Charge
Sculpture materials: stainless steel, concrete and consumables, etc. $30,000
Metal cutting (Shane’s Waterjet Co.) $1,300
Delivery to and from metal cutters $600
Rolling and bending of stainless (Transbay Metals) $4,000
Fabrication of sculpture by artists in Reed Madden Design’s studio $86,000
Hammering of stainless steel into a spherical ball $6,000
Studio rent and electricity for four months $4,500
Delivery of sculpture to site $5,000
Travel/hotel accommodations – installation for Reed + Madden $3,800
Excavation + hauling for foundations $2,500
Foundation: steel + concrete (labor and materials) $4,500
Installation of sculpture (labor only) $5,500
Equipment rental $1,500
Rubber ground plane, base material and installation (ForeverLawn) $9,000
Custom bronze plaques (≈ 8” x 8”) w/ title info and Sheldon namesake statement. $800
Quality photography + videography of finished artwork for City’s use No Charge
3-year extended warranty by artists No Charge
Contingency 5% (becomes profit + overhead if not used) $9,500
TOTAL BUDGET: $190,000
10. PROFESSIONAL REFERENCES:
1. Michele Seville 510-529-6261
michele4arts@gmail.com (Head of Richmond Arts and Culture)
- Project manager for “Changing Tide” 2019
2. Miles Berger 415-435-2337
miles@mb-aia.com (Tiburon, CA Public Art Advisor and former Mayor)
- Project manager for “Coming About” in 2006
3. David Snippens 510-684-3866
dsnppn28@gmail.com (Berkeley, CA Public Art Commissioner)
- Project manager for “Open Circle” in 2011
Play Ball Jeffrey Reed + Jennifer Madden
7
11. RESUMES:
JEFFREY REED
66 Twain Ave., Berkeley, Ca. 94708 • 510.384.0804 • Reed@ReedMadden.com
CA Contractor Lic. #837135 www.ReedMadden.com
Education
University of Copenhagen, International Study Program,
CPSU’s fifth-year program in Architecture
California Polytechnic State University, San Luis Obispo
Five-year Bachelor of Architecture Degree
Professional Experience
1998 Partner / Designer / Contractor – Reed Madden Designs, Richmond, Ca.
- Present Design and fabricate large-scale public art, specializing in site-specific
works in motion, water and solar.
1993-1998 Artist / Builder / Owner Reed Studio, Oakland, Ca.
Design/build commissions for public and private sculpture
1987-1993 Architectural Design / Construction Supervision
Rammed Earthworks Inc., Napa, Ca.
Architectural design and supervision/training of
construction staff for pioneering earth-building firm.
Art in Public Places
2019 Richmond Public Art, Harbor Way, Richmond, Ca. Budget: $300k
“Changing Tides” Seven 20’-tall stainless steel “eelgrass,” solar panels,
20,000 LED programmed lights that create an outdoor interactive stage.
2019 Johnson City Public Art, Kings Park, Johnson City, TN. Budget: $150k
“Passion Flowers” (the state wild flower) spin in the wind with 9,000 LED
programmed lights that encourage visitors to the downtown at night.
2017 Laguna Hills Public Art Commission Laguna Hills, Ca. Budget: $400k
“Gather” stainless/bronze trees, canopy, stage, seating & lighting.
2016 Aliso Viejo Public Art Commission Aliso Viejo, Ca. Budget: $200k
“Windflowers” 7 eleven-foot tall spinning “poppies” lit by stamen of 250 LED
programmed lights that change from dusk to dawn.
2016 Aliso Viejo Public Art Commission Aliso Viejo, Ca. Budget: $75k
“Reeds” 60 choreographed LED lighting reeds in 3 reflective pools.
2011 Berkeley Public Art, Berkeley Marina, Berkeley, Ca. Budget $106k
“Open Circle” Habitat enclosure for burrowing owls + outdoor-classroom.
“earthen” concrete walls, rocks, grass-like fencing & educational plaques.
Project Manager: David Snippen 510-684-3866
2010 Iowa Public Art Commission for Utilities Building on Capital Hill, Des Moines
“Prairie Song” Five stainless kinetic grasses make “shhh” sound in the wind.
2009 Sacramento Metropolitan Art Commission Youth Detention Facility. $200k
“Taking Flight” 30 flapping birds, wing-like benches + in-ground poetry.
2008 San Mateo Public Art Commission Seal Point Park, San Mateo, California.
Eleven spinning sculptures for the Bay front park, 9 make musical sounds.
2006 City of Tiburon Commission Downtown Tiburon, Ca. Budget: $310K + in-kind
“Coming About” Large 50’w x 16’h kinetic stainless steel, concrete and
bronze fountain sculpture, seating, lighting and plaques.
2004 San Francisco Strybing Arboretum Golden Gate Park, Australian Garden.
“Encircle” sculptural seating walls, rocks and outdoor classroom. Budget: $68k
Play Ball Jeffrey Reed + Jennifer Madden
8
2002 Palo Alto Public Art Commission California Ave., Palo Alto, Ca.
"Sun Flowers" streetscape and dining court. 7 kinetic & solar lit sculptures.
1999 Municipal Commission Golden Gate National Parks Association, San Fran.
Design Presidio Promenade sculptural seating.
1998 San Jose Public Commission, supporting artist Wallenberg Park, San Jose
Foundational seating for S. Pacal Beran's kinetic "Tree of Life" Sculpture.
1997 Municipal Commission City of Danville, Hap Magee Ranch Park
24’ Tall Drive-through Entry Gateway
1996 Municipal Commission San Jose Dorothy Ellenburg Memorial Park
“Grace” 9’ high sculpture with inscribed birds in paving and signage
1994 Sacramento Metropolitan Arts Commission Cavanaugh Golf Course
Sculptural seating areas.
1993 Art in Public Places Commission City of Davis, Ca. Central Park
“Source and Resource” Fountain, sculptural walls with integral seating.
Awards
2019 The Gateway Foundation $5,000 Grant for interactive art for “Changing Tide”
2003 AIA San Francisco – Urban Design Honor Award “Best of the Bay”
(For Sun Flowers’ transformation of a 10’-wide sidewalk strip into a well-used
public seating and dining area for both day and night.)
AIA San Francisco – Green Design Honor Award “Best of the Bay”
(For Sun Flowers’ use of solar power, wind, water retention, recycled
materials and educational components.)
1998 San Francisco Landscape Garden Show, 3 awards for sculpture garden
including design award from American Society of Landscape Architects.
1992 National Compact House Competition, 2nd Place
Director of team, Rammed Earth Works, Napa, Ca., Book published, 1992
Exhibitions & Projects
2012 Post/Shayer Garden, Palo Alto, Ca.
Privately commissioned Sculpture Garden with fountaintable™
2003 "Water's Edge" Water-wall, Belvedere, Ca.
Privately commissioned fountain sculpture
1997 Corporate Commission Livermore, Ca.
California State Auto Association, Entry plaza and dining court
1997 “Material Matters” Laidley Garden, Oakland, Ca
Privately commissioned Sculpture Garden
1996 Moon Garden, San Francisco, Ca.
Privately commissioned Sculpture Garden
1996 The Rammed Earth House, by David Easton
Architecture and text illustration.
1995 Hollis Street Project, Emeryville, Ca.
First show of "Signs of Life" sculptures
1995 “Philosopher's Garden” Kenwood, Ca.
Privately commissioned Sculpture Garden
1994 La Quinta Sculpture Park, La Quinta, Ca.
Stabilized earth wind sculpture
1994 Sister City Project, Leon, Nicaragua
Architecture and team management for community school project
1993 Lightescapes at LIMN, San Francisco, CA – invitational exhibit
Play Ball Jeffrey Reed + Jennifer Madden
9
JENNIFER MADDEN
66 Twain Ave., Berkeley, CA 94708 • 510.734.1782 • Madden@ReedMadden.com
Education
1993 University of California, Berkeley
MLA Masters of Landscape Architecture
1983 University of California, Santa Cruz
BA Art History
Professional Experience
1998- now Designer / Partner Reed Madden Designs, Richmond, CA
Design public and private sculptural art commissions, architecture, gardens,
custom fountains and furniture. Reed and Madden’s Fountaintable™
sculptures are featured in galleries throughout California.
1994- 2003 Lecturer Univ. of California at Davis, Dept. of Environmental Design,
Landscape Architecture:
LDA 191: The Asphalt Garden: Form Follows Parking, 2003
LDA 191: Beyond Function: Designing w/Personality, 1999, 2000 2002
LDA 70: Basic Landscape Design Studio, 2000, 2001, 2002, 2003
LDA 21: Landscape Graphic Communication, 1995 - 2003
LDA 11: Landscape Architecture Studio: Introduction, 1996, 1997
LDA 121: Advanced Graphics in Landscape Architecture, 1994
1994-1997 Landscape Designer, Jennifer Madden, Albany, CA
1993-1994 Planner, Community Development by Design, Berkeley, CA
1991-1993 Graduate Student Instructor, Chip Sullivan, Univ. of California, Berkeley
ED 104: Site Planning, 1993
LA 101: Introduction to Landscape Design, 1991 and 1992
1992 Research Assistant Professor Chip Sullivan, U.C. Berkeley
Researcher and editor for Sullivan’s book: Climate and Gardens
1991 Research Assistant Professor Randolph Hester, U.C. Berkeley
1991 Lead designer for Arboretum in Jackson Demonstration State Forest, CA.
Publications
2001 “A Language of Design Using Personality Theory”
Proceedings from the 3rd Symposium on Systems Research in the Arts.
Baden-Baden, Germany. August 1-4.
1993 “Cohousing: The American Pioneers” Masters Thesis
University of California, Berkeley (Thesis Advisor: Clare Cooper-Marcus)
1992 “Color Cards Improve Group Process”
Cohousing Newsletter. Berkeley, CA Fall.
Public Art Commissions by Reed Madden Designs (see Reed’s resume above)
Profession Services & Volunteer Work
2019 Produced a free dance and light show for “Bay Day” on the Richmond,
California shoreline with a 500-person audience.
2006 Plaza Redesign Consultant, Tiburon, California. Create seating designs,
recommend tree species and plaza resurfacing treatments.
1995-1998 Site Development Committee, Berkeley Montessori School, Berkeley, CA
Research potential site acquisitions, interview architects for programming,
summarize financial analysis for bank loans, create preliminary construction
budget and timetable.
1996-1998 Site Improvement Committee, Berkeley Montessori School, Berkeley, CA
Create landscape design plans for preschool.
Play Ball Jeffrey Reed + Jennifer Madden
10
Profession Services & Volunteer Work, continued.
1997+1994 Book Reviewer, Drawing the Landscape, by Chip Sullivan; both original
manuscript + revised edition by Chip Sullivan, Van Nostrand Reinhold, NY
1996 Portfolio Review Committee, Univ. of California, Davis
Dept. of Landscape Architecture. Review student applications for program.
1994 Selected Juror, San Francisco Garden Club -- Student Design Awards,
Univ. of California at Berkeley, Dept. of Landscape Architecture, Spring.
1990-present Invited Guest Juror for dozens of design studios at both UCB & UCD.
Academic and Professional Honors
2019 The Gateway Foundation $5,000 Grant for interactive art “Changing Tide”
2003 American Institute of Architects - Urban Design Honor Award
Northern California Chapter “Best of Bay”
(For Sun Flowers’ transformation of a 10’-wide sidewalk strip into a well-
used public seating and dining area for both day and night.)
American Institute of Architects - Green Design Honor Award
Northern California Chapter “Best of Bay”
(For Sun Flowers’ use of solar power, wind, water retention, and recycled
materials and educational components.)
2002 Univ. of California, Davis, Undergraduate Instructional Improvement Grant
For creating a new course: “The Asphalt Garden: Form Follows Parking”
1999 Univ. of California, Davis, Undergraduate Instructional Improvement Grant
For creating a new course: “Beyond Function: Form Follows Personality”
1998 American Society of Landscape Architects – Design Award
ASLA - Northern California Chapter
For Reed-Madden’s garden design “Who’s Invited for Drinks at the California
Watertable” San Francisco Landscape Garden Show, March.
San Francisco Landscape Garden Show - Water Smart Award
Reed Madden Designs debuts first "Fountaintable™" with drought-tolerant
plants around a “cracked earth” table with recycled central water feature.
San Francisco Landscape Garden Show - Mediterranean Design Award
1995 Group Furniture Exhibition
Univ. of California, Berkeley, College of Environmental Design
Wurster Hall Design Gallery. Spring
1991 Univ. of California, Berkeley, Farrand Research Grant
For thesis research on “Cohousing: The American Pioneers”
Invited Speaking Engagements
2009 Palo Alto Art Commission “Public Art” Palo Alto, Ca. (Honorarium)
2003 Design Alliance, Davis, California. “Form Follows Personality”
February. City Arts Center. (Honorarium)
2002 Dept. of Environmental Design, Univ. of California at Davis
Fall Luncheon Lecture Series. “Preferences in Design”
2001 Symposium on Systems Research in the Arts. Baden-Baden, GERMANY
“A Language of Design Using Personality Theory” August.
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 20-103,Version:1
Action on Resolution 20-103, a Resolution Authorizing the City to Lease Real Property to Brookings
Backpack Program.
Summary:
Brookings Backpack Program is a non-profit entity providing free meals to children and youth in
Brookings County, who may not have enough food to eat at home by providing them with easy to
prepare weekend meals and snacks throughout the year.
Background:
The Brookings Backpack Program is seeking available space in the Research & Technology Center
to store and package weekend meals and snacks for area youth. The program has benefited from
the generosity of local property owners throughout the years. The program moved into a vacant
space in the Research & Technology Center in March 2020. The lease is set to expire on December
31, 2020.
The City is proposing to lease space in the Research and Technology Center located at 807 32nd
Avenue to Brookings Backpack Program. The lease will be on a month to month basis for a period
not to exceed two years. Staff is proposing a lease rate of $0.00 with the tenant responsible for
utilities. The Notice of Public Hearing was advertised one time 10 days prior to the hearing. This
resolution will allow the City to enter into a lease agreement with Brookings Backpack Program on
month to month basis.
Fiscal Impact:
The Brookings Backpack Program will be responsible for the utilities serving the office suite, thus
saving the City utility costs.
Recommendation:
Staff recommends approval of the resolution authorizing the City to enter into a lease agreement with
the Brookings Backpack Program.
Attachments:
Memo
Resolution
Hearing Notice
Lease Agreement
City of Brookings Printed on 12/3/2020Page 1 of 1
powered by Legistar™
City Council Agenda Memo
From: Mike Struck, Community Development Director
Council Meeting: December 8, 2020
Subject: Resolution 20-103: R&T Center Lease – Brookings
Backpack Program
Person(s) Responsible: Mike Struck, Community Development Director
Summary:
The Brookings Backpack Program is a non-profit entity providing free meals to children
and youth in Brookings County, who may not have enough foo d to eat at home by
providing them with easy to prepare weekend meals a nd snacks throughout the year.
Background:
The Brookings Backpack Program is seeking available space in the Research &
Technology Center to store and package weekend meals and snacks for area youth.
The program has benefited from the generosity of local property owners thro ughout the
years. The program moved into a vacant space in the Research & Technology Center
in March 2020. The lease is set to expire on December 31, 2020.
The City is proposing to lease space in the Research and Technology Center located at
807 32nd Avenue to the Brookings Backpack Program. The lease will be on a month to
month basis for a period not to exceed two years. Staff is proposing a lease rate of
$0.00 with the tenant responsible for utilities. The Notice of Public Hearing was
advertised one time ten days prior to the hearing. This resolution will allow the City to
enter into a lease agreement with Brookings Backpack Program on month to month
basis.
Item Details:
The Backback Program is requesting to move to a different suite within the Research &
Technology Center. The proposed space is currently vacant and located closer to the
front door, making it easier for the volunteers picking up and dropping off deliveries. The
Brookings Backpack Program is a non-profit entity providing free meals and snacks to
Brookings County youth.
The City has the ability to enter into lease agreements with private entities. The original
mission of the Research and Technology Center was as a business incubator; however,
the grant restrictions have been removed upon the expiration of the lien. The City has
the flexibility to utilize the facility as it deems appropriate.
Legal Consideration:
The following statutes provide guidance for municipalities leasing property.
9-12-5.1. Powers - Lease of property - Term and conditions.
Every municipality may lease its municipally-owned property. Any such lease shall be
for a term and upon the conditions provided by resolution of the governing body.
9-12-5.2. Powers - Lease to private person - Resolution - Notice -Hearing -
Authorization.
If the governing body decides to lease any municipally owned property to any private
person for a term exceeding one hundred twenty days and for an amount exceeding five
hundred dollars annual value it shall adopt a resolution of intent to enter into such lease
and fix a time and place for public hearing on the adoption of the resolution. Notice of
the hearing shall be published in the official newspaper once, at least ten days prior t o
the hearing. Following the hearing the governing body may proceed to authorize the
lease upon the terms and conditions it determines.
Financial Consideration:
The space is currently not generating revenue. The City is paying utilities associated
with the space as a minimum temperature needs to be maintained due to the fire
suppression system. If approved, Brookings Backpack Program will be responsible for
paying utilities associated with the suite.
Options and Recommendation:
The City Council has the following options:
1. Approve as presented
2. Amend
3. Move to a Study Session
4. Deny
5. Do nothing
Staff recommends approval of the resolution of intent to lease real property to Brookings
Backpack Program.
Supporting Documentation:
Resolution
Hearing Notice
Lease Agreement
Resolution 20-103
Resolution of Intent to Lease Real Property to Brookings Backpack Program
Be It Resolved by the governing body of the City of Brookings, South Dakota that the
City of Brookings intends to enter into a lease agreement with Brookings Backpack
Program on a month-to-month basis for a period not to exceed two years; and
Whereas the lease pertains to the following described property:
Research & Technology Center – 807 32nd Avenue
Whereas, the Lease will be an amount of $0.00 per square foot based on the agreed
upon square footage of 2,066 square feet for a period not to exceed two (2) years.
Be It Further Noted, that a Public Hearing on this Resolution was held on December 8,
2020 at 6:00 o’clock P.M. at the Brookings City & County Government Center and that
all persons were given an opportunity to be heard on the intent to lease real property.
Passed and approved this the 8th day of December, 2020.
CITY OF BROOKINGS, SD
Keith W. Corbett, Mayor
ATTEST:
Bonnie Foster, City Clerk
NOTICE OF PUBLIC HEARING ON RESOLUTION OF INTENT TO
LEASE REAL PROPERTY
NOTICE IS HEREBY given that on Tuesday, December 8, 2020, at 6:00
o’clock P.M., the Brookings City Council will hold a public hearing in the
Brookings City and County Government Center Chambers, located at 520 Third
Street, Brookings, South Dakota, on the Resolution of Intent of the City of
Brookings to lease to Brookings Backpack Program the following described
property in the Research and Technology Center:
807 32nd Avenue, Brookings, SD
At the time and place affixed for said public hearing, all who appear will be
given an opportunity to express their views for or against the proposal to lease the
above described property.
Dated this 25th day of November, 2020.
CITY OF BROOKINGS
__________________________
Bonnie Foster, City Clerk
"If you require assistance, alternative formats and/or accessible locations consistent with
the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at
least 48 hours prior to the meeting."
1
LEASE AGREEMENT
_________________
THIS LEASE AGREEMENT is made and entered into by and between the City of Brookings,
South Dakota, a municipal corporation, Lessor, hereinafter referred to as "City", and Brookings
Backpack Project. hereinafter referred to as "Tenant".
WHEREAS, City owns the Brookings Area Research and Technology Center, located at 807 – 32nd
Avenue, in Brookings, South Dakota, and desires to lease a portion of said facilities to Tenant, and
WHEREAS, the above-named Tenant desires to lease a portion of said facilities hereinafter
described in accordance with the terms and conditions set forth herein, now therefore,
FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS, CONDITIONS AND
PROMISES, THE PARTIES DO HEREBY AGREE AS FOLLOWS:
1. Lease Agreement
The City does hereby lease unto Tenant and Tenant does hereby agree to lease and take from City,
that space located in the Brookings Area Research and Technology Center, 807 32nd Avenue,
Brookings, South Dakota, as shown on the attached Exhibit “A”, and which contains approximately
2,066 square feet.
2. Term/Option to Renew/Expiration
The initial Lease term is Month to Month, and commences January 1, 2021.
Tenant shall have the option to renew this Lease on a month to month basis. Such renewal shall be
upon the same terms and conditions as the initial term except that the rent shall be adjusted as
provided in Section Four (4), below. Tenant’s option to renew shall conclusively be deemed to have
been exercised without prior notice unless Tenant provides written notice of Tenant’s intent not to
renew to City no later than thirty (30) days prior to expiration of the then current lease term. On
December 31, 2022 at 5:00 PM, unless terminated earlier, this Lease will terminate.
3. Use of Premises
The above leased premises shall be used by Tenant for the following purposes and no others
without the prior written consent of City:
Storage and preparation of supplies associated with the Brookings Backpack Program
No use by Tenant shall be made or permitted to be made upon the premises nor acts done which
will increase the existing rate of insurance upon the property or cause cancellation of insurance
policies covering said property. Tenant shall not conduct or permit any sale by auction on the
premises.
4. Rent
The Tenant shall pay as rent for 807 32nd Avenue, the sum of $0.00 per square foot.
2
5. Utilities
Tenant shall be responsible for paying its’ own utilities associated with 807 32nd Avenue. The
utilities are in the name of the City and as such, the City will bill Tenant directly for the utility
expenses of 807 32nd Avenue. Tenant shall be responsible for paying the City within thirty (30)
days of receipt of the utility billings. Failure to timely pay the utility billings, in addition to all other
remedies, will result in a ten (10%) percent late charge (10% of the unpaid utility payment).
6. Tenant Covenants
The Tenant makes the following covenants:
A. To keep the interior of 807 32nd Avenue and all fixtures therein in good condition and
repair.
B. Not to make any structural alterations or additions to 807 32nd Avenue without the written
consent of the City.
C. Not to assign this Lease, nor sublet 807 32nd Avenue, nor to permit any other person to
occupy 807 32nd Avenue, except for employees and invitees of the Tenant.
D. To remove, at the termination of this Lease, all goods and effects, and to leave 807 32nd
Avenue at the conclusion of this Lease in good repair and order, reasonable wear and tear
excepted.
E. To use 807 32nd Avenue for the purpose of the Tenant's business only, and to comply in
all respects to the schedule of Tenant's Rules of Occupation, hereinafter called "Rules",
attached to this Lease as Exhibit "B", or such amended rules that may be issued by the City
or the City's agents.
F. To purchase and maintain such insurance as Tenant deems appropriate to protect Tenant
from loss of Tenant's property due to fire and/or casualty; and to purchase and maintain a
commercial general liability premises policy in the minimum amount of $1,000,000.00 per
occurrence and $2,000,000.00 aggregate, and Tenant shall provide the City with a
Certificate of Insurance showing City as an additional insured. The Certificate shall provide
for a ten (10) day written notice to City in the event of cancellation or material change of
coverage. Tenant shall furthermore hold the City harmless and indemnify it from any injury,
loss or damage that may occur to the persons or property of employees of Tenant or to other
persons visiting the Tenant’s place of business.
G. To comply with all Federal, state, or local laws which may affect the Tenant's use of 807
32nd Avenue.
H. Not to affix signs or advertising displays of any kind, either to the exterior or interior
walls of 807 32nd Avenue, or to any of its doors or windows, without the prior written
consent of City.
I. Tenant shall not vacate or abandon the premises at any time during the term hereof, and if
Tenant shall abandon or vacate the premises, or be dispossessed by process of law, or
3
otherwise, any personal property belonging to Tenant left upon the premises shall be
deemed to be abandoned at the option of the City.
J. City shall not be liable for any damage or injury to Tenant, or any other person, or to any
property, occurring on the demised premises or any part thereof, and Tenant agrees to hold
City harmless from any claims for damages unless such damage or injury results from the
negligence of the City.
7. Lessor’s Covenants
The City makes the following covenants:
A. The City covenants that it has the right to grant this Lease as Owner of the building.
B. To keep the exterior of the premises in good repair and condition, and to clean and
maintain the areas of the Brookings Area Research and Technology Center which are used
in common by all Tenants. The City shall be responsible for the exterior and inte rior
structural maintenance of the building and maintaining the common areas. The City shall
be responsible for pest control around the exterior of the Center and in the common areas.
The City shall also be responsible for maintenance of the heating and cooling system.
C. To insure and keep insured at all times the buildings, structures and fixtures owned by
the City against fire, windstorm and similar occurrences.
D. To permit the Tenant to occupy 807 32nd Avenue during the term of this Lease quietly
and peaceably, provided the Tenant performs the covenants of this Lease.
E. To provide suitable means of disposing of a reasonable amount of non -hazardous waste
materials resulting from use of the leased premises by Tenant.
8. Mutual Covenants
A. It is mutually agreed that the principal objective of the Brookings Area Research and
Technology Center is to encourage the formation of successful new businesses and to create new
job opportunities, and this Lease and any other agreement between the City and the Tenant must
be construed in the context of this objective.
B. Both parties agree that if 807 32nd Avenue shall be substantially destroyed by windstorm, fire
or other happening, then either party may elect to terminate this Lease by giving written noti ce of
termination to the other party.
C. If Tenant receives the City's written permission to alter or add to the structure, the alterations
or additions will be undertaken at the expense of the Tenant.
9. Default and Remedies
A. Events of Default. The occurrence of any of the following shall constitute a default and material
breach of this Lease by Tenant:
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1. Any failure by Tenant to pay any rent or any other charge required to be paid under
this Lease, or any part thereof, within ten (10) days of the due date; or
2. Any failure by Tenant to observe or perform any other provision, covenant or
condition of this lease to be observed or performed by Tenant where such failure continues
for ten (10) days after written notice thereof from City to Tenant; provided that if the nature
of such default is such that the same cannot reasonably be cured within a ten (10) day
period, Tenant shall not be deemed to be in default if it shall commence such cure within
such period and thereafter diligently pursue such cure to completion; or
3. Abandonment of the Premises by Tenant; or
4. To the extent permitted by law, or the filing by or against Tenant of any proceeding
under bankruptcy law.
B. Remedies. In the event of a default by Tenant, the City, in addition to any other remedies set
forth herein or available to it at law or in equity, including injunction, at its option, and without
further notice or demand of any kind to Tenant or any other person may:
1. Terminate this Lease and declare the Lease Term hereof ended and re-enter the
Premises and take possession thereof and remove all persons and property therefrom, and
Tenant shall have no further claim thereon or hereunder; or
2. Even though the City may have re-entered the Premises, thereafter elect to terminate
this Lease and all of the rights of Tenant in or to the Premises.
3. Should the City have re-entered the Premises under the provisions of paragraph 2
above, City shall not be deemed to have terminated this Lease or the liability of Tenant to
pay any rental or other charges thereafter accruing, or to have terminated Tenant’s liability
for damages under any of the provisions hereof by any action in unlawful detainer or
otherwise to obtain possession of the Premises, unless the City shall have notified Tenant in
writing that it has so elected to terminate this Lease.
Should the City elect to terminate this Lease pursuant to the provisions of this section,
the City may recover from Tenant as damages the following:
(i) The value at the time of the award of any unpaid rent, late charges and other
charges which had been earned or were payable by Tenant at the time of termination.
C. Cure of Tenant's Default. Should Tenant fail to pay and discharge, when due and payable any
lien or claim for labor or materials, or any claim for damages arising out of the repair, alteration,
maintenance and use of the Premises to be paid by Tenant under this Lease, or should Tenant fail to
provide evidence of the issuance and coverage of any insurance policy as required by this Lease, or
should Tenant fail to fully pay any sum to be paid or perform any covenant or agreement to be
performed by Tenant, as provided for in this Lease, after ten (10) days’ written notice from the City,
then the City may, at its option and without waiving or releasing Tenant from any of Tenant’s
obligations hereunder, pay any such lien, claim, or charge, or settle or discharge any action therefor
5
or satisfy any judgment thereon, or obtain any such insurance, or pay any such sum or perform any
such covenant or agreement. All costs, expenses and other sums incurred or paid by the City in
connection therewith, together with interest at the rate of one (1%) percent per month on such costs,
expenses, and sums from the date incurred or paid by City, shall be deemed to be additional rent
hereunder and shall be paid by Tenant to City upon demand, and any default therein shall constitute
a breach of the covenants and conditions of this Lease.
D. No Waiver. The waiver by the City of any breach of any term, covenant or condition herein
contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent
breach of the same or any other term, covenant or condition herein contained. The subsequent
acceptance of rent by the City shall not be deemed to be a waiver of any preceding breach by
Tenant of any term, covenant or condition of this Lease other than the failure of Tenant to pay the
particular rent so accepted, regardless of the City’s knowledge of such preceding breach at the time
of acceptance of such rent. No covenant, term or condition of this Lease shall be deemed to have
been waived by Landlord unless such waiver is in writing and executed by the City.
10. Miscellaneous
A. Any notice from the City to Tenant or from Tenant to City shall be deemed duly served if
mailed by certified mail to the last known address of the Tenant, or to the address of the City or to
the address of the Agents acting for City, and the customary certified mail re ceipt shall be
conclusive evidence of such service.
B. This Lease shall be subject to and construed under the laws of the State of South Dakota.
IN WITNESS WHEREOF, the parties have hereto placed their signatures on the day and date set
forth below.
Dated this ____ day of_________, 2020.
CITY OF BROOKINGS, SOUTH DAKOTA, LESSOR
By:______________________________________
Paul Briseno, City Manager
City of Brookings
ATTEST:
__________________________________
Bonnie Foster, City Clerk
Dated this ____ day of___________, 2020.
Brookings Backpack Project, Tenant
By:_______________________________________
Its: President
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Exhibit "A”
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Exhibit "B”
TENANT RULES OF OCCUPATION
1. These are the Rules of Occupation referred to in Section 6 of the Tenant Covenants contained
in the Lease between the City and Tenant.
2. Tenants will be required to:
a. Ensure that all access doors into the building are properly closed after exit or entry. Fire
exit doors are for emergency use only and must not be used for entry or ex it or for loading
or unloading freight. This requirement is imposed to protect the security and integrity of
the whole building and its occupants.
b. Dispose of all waste materials in the receptacles provided by the City, and not to leave
any garbage or waste materials in any part of the premises or on the parking lot. No oil,
grease, paint, or other deleterious matter can be deposited in any drain inside or outside the
building.
c. Ensure that no gasoline or any other particularly inflammable explosive or combustible
material is stored within 807 32nd Avenue occupied by Tenant or on any part of the
Brookings Area Research and Technology Center in violation of the City of Brookings
Fire Code, with the exception only of fuel contained in the fuel tanks of Tenant’s vehicles.
d. Take care to connect all plant and machinery to electrical services in an approved
manner and not to overload any electrical circuits.
e. Avoid obstructing the corridors or passageways within the Brookings Area Research
and Technology Center and to use only approved means of transporting freight, goods or
supplies through such corridors or passageways.
f. Permit the City scheduled access at all reasonable times to enter and inspect 807 32nd
Avenue leased to the Tenant, and to allow contractors employed by the City to enter and
carry out repairs or alterations to any part of 807 32nd Avenue or its fixtures, subject to
reasonable notice and an opportunity to be present during said repairs or alterations.
g. Do nothing which would cause the insurance procured by the City to become void or
invalidated.
h. To ensure that all employees of the Tenant that access 807 32nd Avenue are aware of
these Rules and to make it a condition of employment that employees obey these Rules or
any variation of them which are made from time to time.
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 20-104,Version:1
Action on Resolution 20-104, a Resolution of Intent to Lease Real Property to RTI, LLC.
Summary:
RTI, LLC has been leasing space in the Research and Technology Center since 2013. RTI, LLC is
seeking to renew their lease on a month-to-month basis.
Background:
RTI, LLC has been leasing space in the Research and Technology Center at 801 32nd Avenue since
2013. The most recent lease agreement expires on December 31, 2020. RTI, LLC is proposing to
continue leasing space at the Research and Technology Center and desires to relocate from one
suite to another suite to centralize their operations.
The City is proposing to lease space in the Research and Technology Center located at 801 32nd
Avenue to RTI, LLC. Staff is proposing a lease rate of $10.00 per square foot based upon the
occupied office space of 10,957 square feet and a lease rate of $4.00 per square foot based upon
the occupied garage space of 2,091 square feet. The Notice of Public Hearing was advertised one
time ten days prior to the hearing. This resolution will allow the City to enter into a lease agreement
with RTI, LLC on a month-to-month basis.
Fiscal Impact:
Monthly revenue = $9,842.17
Recommendation:
Staff recommends approval.
Attachments:
Memo
Resolution
Notice
Lease Agreement
City of Brookings Printed on 12/3/2020Page 1 of 1
powered by Legistar™
City Council Agenda Memo
From: Mike Struck, Community Development Director
Council Meeting: December 8, 2020
Subject: Resolution 20-105: R&T Center Lease – RTI, LLC
Person(s) Responsible: Mike Struck, Community Development Director
Summary:
RTI, LLC has been leasing space in the Research and Technology Center since 201 3.
RTI, LLC is seeking to renew their lease on a month-to-month basis.
Background:
RTI, LLC has been leasing space in the Research and Technology Center at 80 1 32nd
Avenue since 2013. The most recent lease agreement expires on December 31, 2020.
RTI, LLC is proposing to continue leasing space at the Research and Technology
Center and desires to relocate from one suite to another suite to centralize their
operations.
The City is proposing to lease space in the Research and Technology Center located at
801 32nd Avenue to RTI, LLC. Staff is proposing a lease rate of $10.00 per square foot
based upon the occupied office space of 10,957 square feet and a lease rate of $4.00
per square foot based upon the occupied garage space of 2,091 square feet . The
Notice of Public Hearing was advertised one time ten days prior to the hearing. This
resolution will allow the City to enter into a lease agreement with RTI, LLC on a month-
to-month basis.
Item Details:
The tenant is currently occupying 10,434 square feet of office space and 2,091 square
feet of garage space. The tenant would like to centralize their office operations by
relocating to a vacant office space adjacent to their main office. Renewing the lease
allows a research-based company to continue operations in Brookings. A month-to-
month lease is desirable from the City’s perspective as the Research and Technology
Center could be redeveloped in the future should a higher and better use be identified
for the property.
The City has the ability to enter into lease agreements with private entities. The original
mission of the Research and Technology Center was as a business incubator and the
lease agreement and company are consistent with the mission.
Legal Consideration:
The following statutes provide guidance for municipalities leasing property.
9-12-5.1. Powers - Lease of property - Term and conditions.
Every municipality may lease its municipally-owned property. Any such lease shall be
for a term and upon the conditions provided by resolution of the governing body.
9-12-5.2. Powers - Lease to private person - Resolution - Notice -Hearing -
Authorization.
If the governing body decides to lease any municipally owned property to any private
person for a term exceeding one hundred twenty days and for an amount exceeding five
hundred dollars annual value it shall adopt a resolution of intent to enter into such lease
and fix a time and place for public hearing on the adopti on of the resolution. Notice of
the hearing shall be published in the official newspaper once, at least ten days prior to
the hearing. Following the hearing the governing body may proceed to authorize the
lease upon the terms and conditions it determines.
Strategic Plan Consideration:
The proposed lease agreement is consistent with the Economic Development goals of
the City Strategic Plan.
Financial Consideration:
Monthly revenue = $9,842.17
Options and Recommendation:
The City Council has the following options:
1. Approve as presented
2. Approve with recommended adjustments
3. Deny
4. Move to a study session
5. Do nothing
Staff recommends approval of the resolution of intent to lease real property to RTI, LLC.
Supporting Documentation:
Resolution
Notice of Public Hearing
Lease Agreement
Resolution 20-104
Resolution of Intent to Lease Real Property to Rural Technologies, Inc.
Be It Resolved by the governing body of the City of Brookings, South Dakota that the
City of Brookings intends to enter into a lease agreement with RTI, LLC., on a month-to-
month basis terminating on or before December 31, 2022; and
Whereas, the lease pertains to the following described property:
Research & Technology Center – 801 32nd Avenue, Suite 100
Whereas, the Lease will be an amount of $10.00 per square foot for 10,957 square feet
of office/lab space and $4.00 per square foot for 2,134 square feet of garage/cold
storage space.
Be It Further Noted, that a Public Hearing on this Resolution was held on December 8,
2020 at 6:00 o’clock P.M. at the Brookings City & County Government Center and that
all persons were given an opportunity to be heard on the intent to lease real property.
Passed and approved this the 8th day of December, 2020.
CITY OF BROOKINGS, SD
Keith W. Corbett, Mayor
ATTEST:
Bonnie Foster, City Clerk
NOTICE OF PUBLIC HEARING ON RESOLUTION OF INTENT TO LEASE
REAL PROPERTY
NOTICE IS HEREBY given that on Tuesday, December 8, 2020, at 6:00
o’clock P.M., the Brookings City Council will hold a public hearing in the
Brookings City and County Government Center Chambers, located at 520 Third
Street, Brookings, South Dakota, on the Resolution of Intent of the City of
Brookings to lease to Rural Technologies, Inc. the following described property in
the Research and Technology Center:
801 32nd Avenue, Suite 100, Brookings, SD
At the time and place affixed for said public hearing, all who appear will be
given an opportunity to express their views for or against the proposal to lease the
above described property.
Dated this 25th day of November, 2020.
CITY OF BROOKINGS
__________________________
Bonnie Foster, City Clerk
"If you require assistance, alternative formats and/or accessible locations consistent
with the Americans with Disabilities Act, please contact the City ADA Coordinator at
692-6281 at least 48 hours prior to the meeting."
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LEASE AGREEMENT
_________________
THIS LEASE AGREEMENT is made and entered into by and between the City of
Brookings, South Dakota, a municipal corporation, Lessor, hereinafter referred to as
"City", and RTI, LLC hereinafter referred to as "Tenant".
WHEREAS, City owns the Brookings Area Research and Technology Center, located at
801 – 32nd Avenue, in Brookings, South Dakota, and desires to lease a portion of said
facilities to Tenant, and
WHEREAS, the above-named Tenant desires to lease a portion of said facilities
hereinafter described in accordance with the terms and conditions set forth herein, now
therefore,
FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS, CONDITIONS AND
PROMISES, THE PARTIES DO HEREBY AGREE AS FOLLOWS:
1. Lease Agreement
The City does hereby lease unto Tenant and Tenant does hereby agree to lease and
take from City, Suite 100, located in the Brookings Area Research and Technology
Center, 801 – 32nd Avenue, Brookings, South Dakota, as shown on the attached Exhibit
“A”, and Unit 1 which contains approximately 8,866 square feet, Unit 2 contains
approximately 2,091 square feet, and Unit 3 containing approximately 2,134 square
feet, hereinafter referred to as “Unit 1”, “Unit 2” and “Unit 3”.
2. Term/Option to Renew/Expiration
This Lease Agreement shall commence on January 1, 2021 and shall be for a month-to-
month tenancy which may be cancelled by either party upon giving notice to the other
party at least thirty (30) days prior to the end of the month. The term of this lease s hall
end no later than December 31, 2022. In the event the City terminates the lease prior to
December 31, 2022, it shall give as much notice as possible and will work with the
Tenant to allow, if possible, additional time to vacate the premises.
3. Use of Premises
The above leased premises shall be used by Tenant for the following purposes and no
others without the prior written consent of City:
RTI, LLC will use the premises to conduct its contract research and laboratory
business. It will serve as the corporate and business office as well as house
laboratories used for biological and chemical analysis and protein and antibody
production.
No use by Tenant shall be made or permitted to be made upon the premises nor acts
done which will increase the existing rate of insurance upon the property or cause
cancellation of insurance policies covering said property. Tenant shall not conduct or
permit any sale by auction on the premises.
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4. Rent
Monthly Rent for the Duration of this Lease
The Tenant shall pay as rent to City during the term of this Lease monthly rent in the
sum of $10.00 per square foot for Unit 1 and 2, based upon the occupancy of 10,957
square feet, the sum of $4.00 per square foot for Unit 3, based upon the occupancy of
2,134 square feet, the total annual sum of $118,106 to be payable in equal monthly
installments of $9,842.17.
Tenant shall pay each monthly rental on or before the 1st day of each month through
the full term of this Lease, and is late if paid after the 10th day of the month. Failure to
timely pay the rent, in addition to all other remedies, will result in a ten (10%) percent
late charge.
5. Utilities
Tenant shall be responsible for paying its’ own utilities.
6. Tenant Covenants
The Tenant makes the following covenants:
A. To keep the interior of Suite 100 (Units 1, 2, and 3) and all fixtures therein in
good condition and repair.
B. Not to make any structural alterations or additions to Suite 100 (Units 1, 2, and
3) without the written consent of the City.
C. Not to assign this Lease, nor sublet Suite 100 (Units 1, 2, and 3), nor to permit
any other person to occupy Suite 100 (Units 1, 2, and 3), except for employees
and invitees of the Tenant.
D. To remove, at the termination of this Lease, all go ods and effects, and to
leave Suite 100 (Units 1, 2, and 3) at the conclusion of this Lease in good repair
and order, reasonable wear and tear excepted.
E. To use Suite 100 (Units 1, 2, and 3) for the purpose of the Tenant's business
only, and to comply in all respects to the schedule of Tenant's Rules of
Occupation, hereinafter called "Rules", attached to this Lease as Exhibit "B", or
such amended rules that may be issued by the City or the City's agents.
F. To purchase and maintain such insurance as Tenant deems appropriate to
protect Tenant from loss of Tenant's property due to fire and/or casualty; and to
purchase and maintain a commercial general liability premises policy in the
minimum amount of $1,000,000.00 per occurrence and $2,000,000.00
aggregate, and Tenant shall provide the City with a Certificate of Insurance
showing City as an additional insured. The Certificate shall provide for a ten (10)
day written notice to City in the event of cancellation or material change of
coverage. Tenant shall furthermore hold the City harmless and indemnify it from
3
any injury, loss or damage that may occur to the persons or property of
employees of Tenant or to other persons visiting the Tenant’s place of business.
G. To comply with all Federal, state, or local laws which may affect the Tenant's
use of Suite 100 (Units 1, 2, and 3).
H. Not to affix signs or advertising displays of any kind, either to the exterior or
interior walls of Suite 100 (Units 1, 2, and 3), or to any of its doors or windows,
without the prior written consent of City.
I. Tenant shall not vacate or abandon the premises at any time during the term
hereof, and if Tenant shall abandon or vacate the premises, or be dispossessed
by process of law, or otherwise, any personal property belonging to Tenant left
upon the premises shall be deemed to be abandoned at the option of the City.
J. City shall not be liable for any damage or injury to Tenant, or any other person,
or to any property, occurring on the demised premises or any part thereof , and
Tenant agrees to hold City harmless from any claims for damages unless such
damage or injury results from the negligence of the City.
7. Lessor’s Covenants
The City makes the following covenants:
A. The City covenants that it has the right to grant this Lease as Owner of the
building.
B. To keep the exterior of the premises in good repair and condition, and to
clean and maintain the areas of the Brookings Area Research and Technology
Center which are used in common by all Tenants. The City sh all be
responsible for the exterior and interior structural maintenance of the building
and maintaining the common areas. The City shall be responsible for pest
control around the exterior of the Center and in the common areas. The City
shall also be responsible for maintenance of the heating and cooling system.
C. To insure and keep insured at all times the buildings, structures and fixtures
owned by the City against fire, windstorm and similar occurrences.
D. To permit the Tenant to occupy Suite 100 (Units 1, 2, and 3) during the term
of this Lease quietly and peaceably, provided the Tenant performs the
covenants of this Lease.
E. To provide and update a directory of Tenants in the reception area and to
provide identification signs within the build ing to enable visitors to locate
Tenant.
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F. To provide suitable means of disposing of a reasonable amount of non --
hazardous waste materials resulting from use of the leased premises by
Tenant.
8. Mutual Covenants
A. It is mutually agreed that the principal objective of the Brookings Area Research
and Technology Center is to encourage the formation of successful new businesses
and to create new job opportunities, and this Lease and any other agreement between
the City and the Tenant must be construe d in the context of this objective.
B. Both parties agree that if Suite 100 (Units 1, 2, and 3) shall be substantially
destroyed by windstorm, fire or other happening, then either party may elect to
terminate this Lease by giving written notice of termination to the other party.
C. If Tenant receives the City's written permission to alter or add to the structure, the
alterations or additions will be undertaken at the expense of the Tenant. When written
permission has been given by the City, at the time of termination of this Lease by
mutual consent and provided the Tenant has complied with the covenants of this
Lease, the City will undertake to reimburse the Tenant with a proportionate part of the
agreed costs of any alterations or additions which m aterially improve the building,
provided the Tenant agrees to continue to operate its business in the City of
Brookings. The details of any agreement of this kind will be contained in the letter of
consent granted by the City.
9. Default and Remedies
A. Events of Default. The occurrence of any of the following shall constitute a default
and material breach of this Lease by Tenant:
1. Any failure by Tenant to pay any rent or any other charge required to be paid
under this Lease, or any part thereof, within ten (10) days of the due date; or
2. Any failure by Tenant to observe or perform any other provision, covenant or
condition of this lease to be observed or performed by Tenant where such failure
continues for ten (10) days after written notice thereof f rom City to Tenant;
provided that if the nature of such default is such that the same cannot
reasonably be cured within a ten (10) day period, Tenant shall not be deemed to
be in default if it shall commence such cure within such period and thereafter
diligently pursue such cure to completion; or
3. Abandonment of the Premises by Tenant; or
4. To the extent permitted by law, or the filing by or against Tenant of any
proceeding under bankruptcy law.
B. Remedies. In the event of a default by Tenant, the City, in addition to any other
remedies set forth herein or available to it at law or in equity, including injunction, at its
5
option, and without further notice or demand of any kind to Tenant or any other person
may:
1. Terminate this Lease and declare the Lease Term hereof ended and re-enter
the Premises and take possession thereof and remove all persons and property
therefrom, and Tenant shall have no further claim thereon or hereunder; or
2. Even though the City may have re-entered the Premises, thereafter elect to
terminate this Lease and all of the rights of Tenant in or to the Premises.
3. Should the City have re-entered the Premises under the provisions of
paragraph 2 above, City shall not be deemed to have terminated this Lease or
the liability of Tenant to pay any rental or other charges thereafter accruing, or to
have terminated Tenant’s liability for damages under any of the provisions hereof
by any action in unlawful detainer or otherwise to obtain possession of the
Premises, unless the City shall have notified Tenant in writing that it has so
elected to terminate this Lease.
Should the City elect to terminate this Lease pursuant to the provisions of this
section, the City may recover from Tenant as damages the following:
(i) The value at the time of the award of any unpaid rent, late charges and
other charges which had been earned or were payable by Tenant at the
time of termination.
C. Cure of Tenant's Default. Should Tenant fail to pay and discharge, when due and
payable any lien or claim for labor or materials, or any claim for damages arising out of
the repair, alteration, maintenance and use of the Premises to be paid by Tenant under
this Lease, or should Tenant fail to provide evidence of the issuance and coverage of
any insurance policy as required by this Lease, or should Tenant fail to fully pay any
sum to be paid or perform any covenant or agreement to be performed by Tenant, as
provided for in this Lease, after ten (10) days’ written notice from the City, then the City
may, at its option and without waiving or releasing Tenant from any of Tenant’s
obligations hereunder, pay any such lien, claim, or charge, or settle or discharge any
action therefor or satisfy any judgment thereon, or obtain any such insurance, or pay
any such sum or perform any such covenant or agreement. All costs, expenses and
other sums incurred or paid by the City in connection therewith, together with interest at
the rate of one (1%) percent per month on such costs, expenses, and sums from the
date incurred or paid by City, shall be deemed to be additional rent hereunder and shall
be paid by Tenant to City upon demand, and any default therein shall constitute a
breach of the covenants and conditions of this Lease.
D. No Waiver. The waiver by the City of any breach of any term, covenant or condition
herein contained shall not be deemed to be a waiver of such term, covenant or
condition or any subsequent breach of the same or any other term, covenant or
condition herein contained. The subsequent acceptance of rent by the City shall not be
6
deemed to be a waiver of any preceding breach by Tenant of any term, covenant or
condition of this Lease other than the failure of Tenant to pay the particular rent so
accepted, regardless of the City’s knowledge of such preceding breach at the time of
acceptance of such rent. No covenant, term or condition of this Lease shall be deemed
to have been waived by Landlord unless such waiver is in writing and executed by the
City.
10. Miscellaneous
A. Any notice from the City to Tenant or from Tenant to City shall be deemed duly
served if mailed by certified mail to the last known address of the Tenant, or to the
address of the City or to the address of the Agents acting for City, and the customary
certified mail receipt shall be conclusive evidence of such service.
B. This Lease shall be subject to and construed under the laws of the State of South
Dakota.
IN WITNESS WHEREOF, the parties have hereto placed their signatures on the day
and date set forth below.
Dated this 8th day of December, 2020.
CITY OF BROOKINGS, SOUTH DAKOTA, LESSOR
By:______________________________________
Paul Briseno, City Manager
City of Brookings
520 3rd Street, Suite 240
Brookings, South Dakota 57006
ATTEST: Telephone No. (605) 692-6281
__________________________________
Bonnie Foster, City Clerk
Dated this ____ day of___________, 2020.
RTI, LLC, Tenant
By:_______________________________________
Christopher Chase
Its: President
7
Exhibit "A”
MAP DEPICTING Suite 100
8
Exhibit "B”
TENANT RULES OF OCCUPATION
1. These are the Rules of Occupation referred to in Section 6 of the Tenant Covenants
contained in the Lease between the City and Tenant.
2. Tenants will be required to:
a. Ensure that all access doors into the building are properly closed after exit or
entry. Fire exit doors are for emergency use only and must not be used for
entry or exit or for loading or unloading freight. This re quirement is imposed to
protect the security and int egrity of the whole building and its occupants.
b. Dispose of all waste materials in the receptacles provided by the City, and
not to leave any garbage or waste materials in any part of the premises or on
the parking lot. No oil, grease, paint, or other d eleterious matter can be
deposited in any drain inside or outside the building.
c. Ensure that no gasoline or any other particularly inflammable explosive or
combustible material is stored within Suite 100 (Units 1, 2, and 3) occupied by
Tenant or on any part of the Brookings Area Research and Technology Center
in violation of the City of Brookings Fire Code, with the exception only of fuel
contained in the fuel tanks of Tenant’s vehicles.
d. Take care to connect all plant and machinery to electrical serv ices in an
approved manner and not to overload any electrical circuits.
e. Avoid obstructing the corridors or passageways within the Brookings Area
Research and Technology Center and to use only approved means of
transporting freight, goods or supplies th rough such corridors or passageways.
f. Permit the City scheduled access at all reasonable times to enter and inspect
Suite 100 (Units 1, 2, and 3) leased to the Tenant, and to allow contractors
employed by the City to enter and carry out repairs or alter ations to any part of
Suite 100 (Units 1, 2, and 3) or its fixtures, subject to reasonable notice and an
opportunity to be present during said repairs or alterations.
g. Do nothing which would cause the insurance procured by the City to become
void or invalidated.
h. To ensure that all employees of the Tenant that access Suite 100 (Units 1, 2,
and 3) are aware of these Rules and to make it a condition of employment that
employees obey these Rules or any variation of them which are made from time
to time.
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 20-029,Version:1
Introduction and First Reading on Ordinance 20-029, an Emergency Ordinance Amending
Emergency Ordinance 20-028 to Extend and to Comprehensively Adopt Provisions to Address a
Public Health Crisis and to Revise Certain Measures which are Necessary for the Immediate
Preservation of the Public Health, Safety and Welfare of the City and are Necessary to Slow the
Community Spread of Coronavirus (COVID-19) in the City of Brookings, South Dakota. Second
Reading: December 15, 2020.
Summary:
The current ordinance is set to expire at the end of December. Based on threshold metrics an
extension is warranted of the ordinance regulating bars, restaurants, salons, retail and requires face
coverings for indoor businesses and indoor public spaces. Brookings is in substantial spread with all
triggers met to some degree. Staff recommends renewal of the existing ordinance.
Background:
On September 8th City Council approved an amendment that mandated face coverings where social
distancing could not be achieved for indoor businesses and public places. On October 27th City
Council renewed the existing 20-028 ordinance that requires bars, restaurants, casinos, grocery,
retail, and fitness businesses to operate at half capacity and all employees are required to wear face
coverings at all times. The ordinance has other requirements outlined.
Fiscal Impact:
None.
Recommendation:
Staff recommends approval.
Attachments:
Memo
Ordinance - clean
Ordinance - marked
Summary of COVID Triggers
City of Brookings Printed on 12/7/2020Page 1 of 1
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City Council Agenda Memo
From: Paul M. Briseno, City Manager
Council Meeting: December 8, 2020 / December 15, 2020
Subject: Ordinance Renewal Occupancy Restrictions & Mask
Mandate
Person(s) Responsible: Paul Briseno, City Manager
Summary:
The current ordinance is set to expire at the end of December. Based on threshold
metrics, an extension is warranted of the ordinance regulating bars, restaurants, salons,
retail and requires face coverings for indoor businesses and indoor public spaces.
Brookings is in substantial spread with all triggers met to some degree. Staff
recommends renewal of the existing ordinance.
Background:
On September 8th City Council approved an ordinance mandating face coverings where
social distancing could not be achieved for indoor businesses and public places. On
October 27th City Council renewed the existing 20-028 ordinance that requires bars,
restaurants, casinos, grocery, retail, and fitness businesses to operate at half capacity
and all employees are required to wear face coverings at all times. The ordinance has
other requirements outlined.
Discussion:
A renewal of the occupancy and face coving ordinance is recommended. In summary
the renewal defines requirements of businesses and residents:
Restaurants/Bars
• Maximum of ten (10) customers or 50% occupancy, whichever is greater
o Occupancy capacity posted at front entry
• Groups of ten (10) or less and six (6) feet apart
• Cleaning of high touch areas/materials between users
• Screening employees recommended
• Employees required to wear masks
• Cleaning of used spaces before and after each customer
• No self-serve buffets or salad bars
• No sharing of condiments unless wiped between use
Grocery, Casino, Gyms, and Recreational Facilities
• Cleaning of equipment after use by customer and/or employee
• Maximum of ten (10) customers or 50% occupancy
o Occupancy capacity posted at front entry
• Employees of Grocery stores will wear masks
• Protective measures/operations will be provided
Salons/Barber Shops
• Customers six (6) feet spacing & recommend service by appointment -only
• Employees will wear masks
• Clean equipment before and after each customer
• Adequate social distancing for waiting customers
Face Covering required if adequate social distancing cannot be achieved
• Required for all indoor businesses and indoor public spaces
• Required for all City permitted events
• Exceptions include children under 5, medical conditions, religious place,
educational
units, certain non-profits, organized sports activity that have an approved plan
Administrative exemptions allow for requested flexibility.
Businesses and residents who violate sections of this ordinance will be subject to fines.
Legal Consideration:
None.
Financial Consideration:
None.
Options and Recommendation:
The City Council has the following options:
1. Approve as presented
2. Amend
3. Refer to a Study Session
4. Deny
5. Do nothing
Staff recommends approval of the ordinance extension and any additional amendments.
Supporting Documentation:
Memo
Ordinance - clean
Ordinance - marked
Summary of COVID Triggers
Ordinance 20-029
An Emergency Ordinance Amending Emergency Ordinance 20-028 to
Extend and to Comprehensively Adopt Provisions to Address a Public Health
Crisis and to Revise Certain Measures which are Necessary for the Immediate
Preservation of the Public Health, Safety and Welfare of the City and are
Necessary to Slow the Community Spread of Coronavirus (COVID-19) in the City
of Brookings, South Dakota.
I.
Be It Ordained and Enacted by the Council of the City of Brookings, State of South
Dakota, as follows:
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, COVID-19 has been confirmed in more than 100 countries, including the
United States; and
Whereas, COVID-19 is a continuing global pandemic. United States Supreme Court
Chief Justice Roberts stated in a 2020 decision “people may be infected but
asymptomatic, [and] they may unwittingly infect others”; and
Whereas, the Centers for Disease Control and Prevention, the World Health
Organization, medical and scientific associations and physicians suggest individuals
wear a face covering to slow the spread of COVID-19; and
Whereas, Ordinance 20-028 is intended to slow the rise of positive cases of COVID-19
and slow down the rate of infection, and therefore bears a real and substantial
relationship to public health because the measures are recognized to be the best
available procedures to slow the rate of transmission of COVID-19; and
Whereas, the City of Brookings and many States and communities across the
country have already implemented White House and CDC recommendations by
restricting occupancy at bars, restaurants, food courts, gyms, and other indoor and
outdoor venues where people congregate 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 threaten or
overwhelm the capacity of the City's health care providers; and
Whereas, it is important that control measures, including requiring face masks in
indoor places, 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 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 20-028 to address the
COVID-19 public emergency in the City of Brookings, and
Whereas, based on the number of cases in Brookings County, the number of
hospitalizations in the City, and the available modeling, the City Council believes
the occupancy, social distancing and face covering restrictions should be continued
given the community spread of COVID-19 cases in the City and State, and
Whereas, this Emergency Ordinance is intended to extend, in comprehensive form,
the emergency measures and restrictions set forth in Emergency Ordinance 20-
028.
Now Therefore, Be It Ordained by the City Council of Brookings as follows:
1. Any businesses identified in Ordinance 20-005 may reopen and remain
open to serve patrons on-site pursuant to the conditions established in
this ordinance.
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) In retail and grocery businesses, install a plexiglass, or similar
divider where physically possible between the cashier and
customer.
h) Require employees to wash hands at regular intervals.
i) Restaurant and bar (those businesses with an alcoholic
beverage license) staff and employees must wear masks
which cover the employee's nose and mouth.
j) In casinos, video lottery machines must be cleaned and
disinfected between each customer.
k) Staff and employees of hair salons, nail and tanning salons, spas
and barber shops must wear masks which cover their nose and
mouth during customer contact times. Customer seating must be
at least six (6) feet apart.
l) In gyms and fitness facilities, any equipment and/or exercise
mats
must be cleaned or disinfected between each use.
m) 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.
n) Hand sanitizer locations readily available for public use
should be made available at grocery stores and retail
businesses.
o) Enhanced cleaning/disinfecting requirements should be used for
motel and hotel rooms.
p) Seating for large gatherings shall be reduced to comply with a six-
foot minimum distance between attendees.
q) Businesses are encouraged to conduct daily employee
screenings for illness.
r) 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.
s) Businesses are encouraged to develop risk mitigation strategies
for restrooms or other areas where social distancing
requirements are likely to be compromised.
t) 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.
u) 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.
v) Masks are required at city-sanctioned events. Masks which cover
a person's nose and mouth are required for all persons attending
or working at events which require a City permit when a minimum
of six- foot distance cannot be maintained or achieved.
w) Masks are required when obtaining services from the healthcare
sector in settings, including but not limited to, a hospital, pharmacy,
medical clinic, laboratory, physician or dental office, veterinary clinic,
or blood bank, unless directed otherwise by an employee thereof or
a health care provider.
x) Masks are required while riding on public transportation or while in a
taxi, private car service, or ride-sharing vehicle.
3. The following individuals are exempt from wearing masks or o ther face
coverings:
a) Persons age five years or under; Children age two years and under in
particular should not wear a face covering because of the risk of
suffocation;
b) Persons with a medical condition, mental health condition, or disability
that prevents wearing a face covering. This includes persons with a
medical condition for whom wearing a face covering could obstruct
breathing or who are unconscious, incapacitated, or otherwise unable
to remove a face covering without assistance;
c) Persons who are deaf or hard of hearing, or when communicating with
a person who is deaf or hard of hearing, where the ability to see the
mouth is essential for communication;
d) Persons for whom wearing a face covering would create a risk to the
person related to their work, as determined by local, state, or federal
regulations or workplace safety guidelines;
e) Persons who are obtaining a service involving the nose or face for
which temporary removal of the face covering is necessary to perform
the service;
f) Persons who are seated at a restaurant or other establishment that
offers food or beverage service, while they are eating or drinking,
provided they maintain a 6-foot distance between individuals (not
including individuals who reside together or are seated together) with
only infrequent or incidental moments of closer proximity;
g) Athletes and participants who are engaged in an organized sports
activity that allows athletes to maintain a 6-foot distance from others
with only infrequent or incidental moments of closer proximity;
h) Persons who are engaged in an activity that a professional or
recreational association, public regulatory entity, medical association,
or other public health oriented entity has determined cannot be safely
conducted while wearing a mask or other face covering and where
other protections and precautions are established and utilized;
i) Persons attending educational institutions where the public and private
schools through 12th grade, colleges, and universities have
implemented protections.
j) Persons engaged in church and religious places of worship, including
preschools, social halls and chapels within church facilities, which may
implement their own protections.
4. 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 South Dakota Governor's Executive Orders.
5. 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.
6. Businesses can request 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.
7. 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 6. above, shall be in violation of
this Ordinance.
8. Pursuant to this ordinance, the City Council may by resolution modify
the mandatory closures and enact revised restrictions, including
restrictions of 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.
9. 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, and 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.
f. Educational institutions where public and private schools through 12th
grade, colleges, and universities have implemented protections.
g. Places of worship.
h. Any and all polling places, including absentee voting and Election Day
polling places, as well as all locations for processing absentee ballots
and counting ballots. All polling places for absentee and Election Day
voting shall remain open at all times.
10. 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.
11. Enforcement - Violation of this Resolution may result in a fine, and
multiple violations may result in further enforcement procedures,
including legal and equitable action to enforce this Ordinance for the
safety of the public.
12. Until the Second Reading of this ordinance is completed,
approved and published, Ordinance 20-028 shall set forth the
applicable measures deemed necessary to slow the spread of
Coronavirus in the City of Brookings.
13. Face Masks/Face Coverings Required. Within the City of Brookings,
all persons except those under the age of five (5) and those with a
medical condition, mental health condition, or disability that makes it
unreasonable for the individual to maintain a face covering, must
wear a face mask/face covering in indoor businesses and indoor
public places where six (6) foot social distancing cannot be achieved
or maintained. A "face covering" or "mask" must be worn to cover the
nose and mouth completely, and can include a paper or disposable
face mask, a cloth mask, a scarf, a bandanna, or neck gaiter.
II.
BE IT FURTHER ORDAINED that pursuant to SDCL 9-19-13, this ordinance is adopted
to address a public health emergency and is necessary for the immediate preservation
of the public peace, health, safety and welfare of the City and shall become effective
immediately upon passage and publication.
First Reading: December 8, 2020
Second Reading: December 15, 2020
Published: December 18, 2020
CITY OF BROOKINGS:
Keith W. Corbett, Mayor
ATTEST:
Bonnie Foster, City Clerk
Ordinance 20-029
An Emergency Ordinance Amending Emergency Ordinance 20-028 20-010,
as previously amended, to Extend and to Comprehensively Adopt Provisions to
Address a Public Health Crisis and to Revise Certain Measures which are
Necessary for the Immediate Preservation of the Public Health, Safety and
Welfare of the City and are Necessary to Slow the Community Spread of
Coronavirus (COVID-19) in the City of Brookings, South Dakota.
I.
Be It Ordained and Enacted by the Council of the City of Brookings, State of South
Dakota, as follows:
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, COVID-19 has been confirmed in more than 100 countries, including the
United States; and
Whereas, COVID-19 is a continuing global pandemic. United States Supreme Court
Chief Justice Roberts stated in a 2020 decision “people may be infected but
asymptomatic, [and] they may unwittingly infect others”; and
Whereas, the Centers for Disease Control and Prevention, the World Health
Organization, medical associations and scientific associations and physicians suggest
individuals wear a face covering to slow the spread of COVID-19; and
Whereas, Ordinance 20-028 20-010, as amended, is intended to slow the rise of
positive cases of COVID-19 and slow down the rate of infection, and therefore bears a
real and substantial relationship to public health because the measures are recognized
to be the best available procedures to slow the rate of transmission of COVID-19; and
Whereas, the City of Brookings and many States and communities across the
country have already implemented White House and CDC recommendations by
restricting occupancy at bars, restaurants, food courts, gyms, and other indoor and
outdoor venues where people congregate 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 threaten or
overwhelm the capacity of the City's health care providers; and
Whereas, it is important that control measures, including requiring face masks in
indoor places, 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 20-028 20-010, as
amended, to address the COVID-19 public emergency in the City of Brookings, and
Whereas, based on the number of cases in Brookings County, the relatively small
number of hospitalizations in the City, and the available modeling, the City Council
believes the occupancy, social distancing and face covering restrictions should be
continued given the community spread increasing numbers of COVID-19 cases in
the City and State, and
Whereas, this Emergency Ordinance is intended to extend adopt, in comprehensive
form, the emergency measures and restrictions set forth in Emergency Ordinance
20-028 20-010, as previously amended.
Now Therefore, Be It Ordained by the City Council of Brookings as follows that:
1. Any businesses identified in Ordinance 20-005 may reopen and remain
open to serve patrons on-site pursuant to the conditions established in
this ordinance 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) Restaurant and bar (those businesses with an alcoholic
beverage license) staff and employees must wear a masks
which covers the employee's nose and mouth.
k) In casinos, video lottery machines must be cleaned and
disinfected between each customer.
I) Staff and employees of hair salons, nail and tanning salons, spas
and barber shops must 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.
x) Masks are required at city-sanctioned events. Masks which cover
a person's nose and mouth are required for all persons attending
or working at events which require a City permit when a minimum
of six- foot distance cannot be maintained or achieved.
y) Masks are required when obtaining services from the healthcare
sector in settings, including but not limited to, a hospital, pharmacy,
medical clinic, laboratory, physician or dental office, veterinary clinic,
or blood bank, unless directed otherwise by an employee thereof or
a health care provider.
z) Masks are required while riding on public transportation or while in a
taxi, private car service, or ride-sharing vehicle.
The provisions of Resolution 20-076 are incorporated herein, and provide
as follows:
3. All persons in the city shall cover their mouth and nose with a mask or
other face
covering when they are in the following situations:
a) When inside, or in line to enter, any indoor public space;
b) When obtaining services from the healthcare sector in settings,
including but
not limited to, a hospital, pharmacy, medical clinic, laboratory,
physician or
dental office, veterinary clinic, or blood bank, unless directed otherwise
by
an employee thereof or a health care provider;
4. Waiting for or riding on public transportation or while in a taxi, private car
service, or ride-sharing vehicle;
5. The following individuals are exempt from wearing masks or other face
coverings:
a) Persons age five years or under; Children age two years and under in
particular should not wear a face covering because of the risk of
suffocation;
b) Persons with a medical condition, mental health condition, or disability
that prevents wearing a face covering. This includes persons with a
medical condition for whom wearing a face covering could obstruct
breathing or who are unconscious, incapacitated, or otherwise unable
to remove a face covering without assistance;
c) Persons who are deaf or hard of hearing, or when communicating with
a person who is deaf or hard of hearing, where the ability to see the
mouth is essential for communication;
d) Persons for whom wearing a face covering would create a risk to the
person related to their work, as determined by local, state, or federal
regulations or workplace safety guidelines;
e) Persons who are obtaining a service involving the nose or face for
which temporary removal of the face covering is necessary to perform
the service;
f) Persons who are seated at a restaurant or other establishment that
offers food or beverage service, while they are eating or drinking,
provided they maintain a 6-foot distance between individuals (not
including individuals who reside together or are seated together) with
only infrequent or incidental moments of closer proximity;
g) Athletes and participants who are engaged in an organized sports
activity that allows athletes to maintain a 6-foot distance from others
with only infrequent or incidental moments of closer proximity;
h) Persons who are engaged in an activity that a professional or
recreational association, public regulatory entity, medical association,
or other public health oriented entity has determined cannot be safely
conducted while wearing a mask or other face covering and where
other protections and precautions are established and utilized;
i) Persons attending educational institutions where the public and private
schools through 12th grade, colleges, and universities have
implemented protections.
j) Persons engaged in church and religious places of worship, including
preschools, social halls and chapels within church facilities, which may
implement their own protections.
6. 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 South Dakota Governor's Executive Orders.
7. 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.
8. 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.
9. 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 6 5. above, shall be in violation of
Ordinance 20-010, as amended by this Ordinance.
10. Pursuant to this ordinance, the City Council may by resolution modify
the mandatory closures and enact revised restrictions, including
restrictions of 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.
11. 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, and 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.
f. Educational institutions where the public and private schools through
12th grade, colleges, and universities have implemented protections.
g. Places of worship.
h. Any and all polling places, including absentee voting and Election Day
(November 3, 2020) polling places, as well as all locations for
processing absentee ballots and counting ballots on November 3,
2020. All polling places for absentee and Election Day voting shall
remain open at all times.
12. 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.
13. Enforcement - Violation of this Resolution may result in a fine, and
multiple violations may result in further enforcement procedures,
including legal and equitable action to enforce this Ordinance for the
safety of the public.
14. Until the 2nd Reading of this ordinance is completed, approved
and published, Ordinance 20-028 20-010, as amended shall set
forth the applicable measures deemed necessary to slow the
spread of Coronavirus in the City of Brookings. Ordinance 20-
010, as amended, shall remain in effect for an additional period of
sixty (60) days, at which time it shall be automatically repealed
unless specifically readopted for an additional period of time by the
City Council. Any dates identified in this ordinance may be adjusted
at any time within the sixty (60) day period covered by this
ordinance.
15. Face Masks/Face Coverings Required. Within the City of Brookings,
all persons except those under the age of five (5) and those with a
medical condition, mental health condition, or disability that makes it
unreasonable for the individual to maintain a face covering, must
wear a face mask/face covering in indoor businesses and indoor
public places where six (6) foot
social distancing cannot be achieved or maintained. A "face
covering" or "mask" must be worn to cover the nose and mouth
completely, and can include a paper or disposable face mask, a cloth
mask, a scarf, a bandanna, or neck gaiter.
II.
BE IT FURTHER ORDAINED that pursuant to SDCL 9-19-13, this ordinance is adopted
to address a public health emergency and is necessary for the immediate preservation
of the public peace, health, safety and welfare of the City and shall become effective
immediately upon passage and publication.
First Reading: December 8, 2020
Second Reading: December 15, 2020
Published: December 18, 2020
CITY OF BROOKINGS:
Keith W. Corbett, Mayor
ATTEST:
Bonnie Foster, City Clerk
For week ending December 4, 2020
Summary of Brookings COVID-19 Public Health Thresholds
Week Ending 12/4/2020
1. Is the epidemic controlled? Yes. Although Rt has been less than 1.0 for the last 14 days, it is close to 1.0. The closer
Rt is to 0 the sooner transmission control will be attained. Statewide, the rates are high but not increasing.
2. Is the health system able to cope with a resurgence of COVID-19 cases that may arise after adapting some measures?
Based on current census, Brookings Health System feels they can handle the lowest of the anticipated numbers (n =
8). However, staffing will be challenged, thereby limiting the ability to sustain care for the long-term, with the
highest anticipated number (n = 28).
3. Is the public health surveillance system able to detect and manage the cases and their contacts, and identify a
resurgence of cases in Brookings?
a. Mitigation Level: No, 2-4 times more testing is needed for Brookings County and about 5 times more testing is
needed for South Dakota.
b. Suppression Level: No, test positivity is 16%-47%, which is above the 3% test positivity needed for suppression.
c. Approximate time to receive test results: 1-3 days
DATA:
1. Is the epidemic controlled? Rt evaluated weekly. If Rt is <1.0 for 14 days or longer this would be a ‘yes’, otherwise
it would be a ‘no’.
Rt has not exceeded 1.0 for the last 14 days. Below are the Rt based on number of cases in Brookings for 106 days
ending on 12/4/20.
Rt for the most recent 14 days (based on data from the prior week):
Based on Data for Week Ending: Brookings South Dakota
11/21 0.75 0.86
11/22 0.72 0.81
11/23 0.69 0.80
11/24 0.72 0.80
11/25 0.68 0.80
11/26 0.72 0.82
11/27 0.74 0.81
11/28 0.79 0.80
11/29 0.79 0.81
11/30 0.84 0.81
12/1 0.83 0.76
12/2 0.87 0.78
12/3 0.88 0.81
12/4 0.87 0.83
Notes:
• The closer Rt is to 0, the sooner transmission control will be attained.
• Super spreader events are not predicted by Rt and can rapidly affect transmission trajectories.
|---------Sept----------|------------Oct ------------|----------Nov --------- |-
For week ending December 4, 2020
2. Is the health system able to cope with a resurgence of COVID-19 cases that may arise after adapting some
measures? Evaluate hospital bed and ICU availability and determine whether an increase of 20% in the number of
cases can be absorbed within the health system. If health system can absorb increase than ‘yes’, otherwise ‘no’.
Yes. Two different case numbers were used including new cases in the past seven days and current number of
active cases. These numbers were multiplied by either the overall statewide hospitalization rate or by using
current age-specific hospitalization rates applied to age distribution of Brookings cases based on the most recent
data provided by the Department of Health. For both numbers, an additional 20% was added as recommended by
the WHO and is given below in parentheses.
Based on: Hospitalization Rate Age-adjusted Hospitalization Rates
Anticipated admissions based on new cases in past seven days 9 (11) 8 (10)
Anticipated admissions based on active cases 23 (28) 22 (26)
As of 12/4/20, new cases in past seven days = 164 and active cases = 419. SD overall hospitalization rate = 5.6% (12/4/20).
Age specific hospitalization rates as of 12/4/20 and age distribution of Brookings cases 11/23-12/2/20 (see daily data report for numbers).
Brookings Health System has a surge capacity of 80 beds and the personnel to handle 45 beds. Based on current
census, Brookings Health System felt they could handle the lowest of the anticipated numbers (n = 8). However,
staffing will be challenged, thereby limiting the ability to sustain care for the long-term, with the highest
anticipated number (n = 28).
3. Is the public health surveillance system able to detect and manage the cases and their contacts, and identify a
resurgence of cases? Evaluate whether the mitigation and suppression levels of testing are being met.
Mitigation level of testing uses the total number of tests completed in Brookings in the previous seven days and
determines whether it is equal to or greater than the total number of new cases identified plus ten times the
number of new cases. The number of tests completed does not include targeted testing (i.e., public health
surveillance or sentinel testing in nursing homes or on campus).
Suppression level of testing is being met when the percentage of positive test results in the previous seven days is
equal to or less than 3.0%. If mitigation and suppression levels of testing are being met than this would be ‘yes’,
otherwise it would be ‘no’.
Mitigation & Suppression Levels of Testing. Testing data for the previous seven days:
Total # of
cases
Ten times
number of
new cases:
Tests needed to meet
mitigation level:
Tests completed
(mitigation):
% Test Positivity
(suppression)
Brookings Health System Dashboard as of 11/30/20: *
Brookings 164 1,640 1,804 858 16%
South Dakota Department of Health Dashboard as of 12/4/20: **
Brookings 164 1,640 1,804 400 41%
South Dakota 6,118 61,180 67,298 13,028 47%
* Brookings Health System data are based on number of tests completed, not the number of people tested, and may include tests on
Brookings County non-residents. Data for a particular date are not reported until all test results are back.
** Includes sentinel surveillance tests (e.g., nursing homes, first responders, etc.) and is based on number of people tested, not the number of
tests and includes only Brookings residents. South Dakota data based on number of residents tested.
Approximate time to receive test results as of 12/4/20 (Brookings): 1-3 days
For week ending December 4, 2020
Brookings COVID-19 Thresholds
Overview of Public Health Criteria Used to Control Transmission of COVID-19
The World Health Organization (WHO) uses three criteria for consideration in adjusting public health and social
measures related to COVID-19 and suggests measures that can be used for evaluating these criteria1:
1. Epidemiology - Is the epidemic controlled?
2. Health System Capacity - Is the health system able to cope with a resurgence of COVID-19 cases that
may arise after adapting some measures?
3. Public Health Surveillance - Is the public health surveillance system able to detect and manage the cases
and their contacts, and identify a resurgence of cases?
The various measures suggested by the WHO for evaluating the above criteria are given at the end of this
summary as an Appendix. The ones given below are those that are locally available.
Epidemiology
The key measure for assessing whether the epidemic is controlled is the effective reproduction number (Rt). Rt
represents the number of secondary cases for each infectious case and a value below 1 is the best indication
that the epidemic is controlled and declining. The closer Rt is to 0, the sooner transmission control will be
attained. The Rt depends on factors related to the number of susceptible individuals and their potential contact
with infectious persons. It should be noted that super-spreader events are not predicted by Rt and can rapidly
affect transmission trajectories.
A Rt of less than 1 for at least two weeks is used to indicate the epidemic is controlled. An algorithm is available
that will calculate an estimate for Rt if case surveillance data are available.2
Brookings Measure: Is the epidemic controlled? Rt evaluated weekly. If Rt is <1.0 for 14 days or longer this
would be a ‘yes’, otherwise it would be a ‘no’.
Health System Capacity
A key measure for assessing whether the health system is able to cope with a resurgence of cases is that the
number of new cases requiring hospitalization is smaller than the estimated maximum hospital and ICU bed
capacity of the health system (i.e. the health system can cope with new hospitalizations without becoming
overwhelmed while maintaining delivery of essential health services). One of the criteria used is that the health
system can absorb or expand to cope with at least a 20% increase in COVID-19 case load.
Brookings Measure: Is the health system able to cope with a resurgence of COVID-19 cases that may arise
after adapting some measures? Evaluate hospital bed and ICU availability and determine whether an
increase of 20% in the number of cases can be absorbed within the health system. If health system can
absorb increase than ‘yes’, otherwise ‘no’.
1 https://www.who.int/publications/i/item/public-health-criteria-to-adjust-public-health-and-social-measures-in-the-context-of-covid-19
(downloaded 7/15/20)
2 https://academic.oup.com/aje/article/178/9/1505/89262
For week ending December 4, 2020
Public Health Surveillance
There are several criteria listed under public health surveillance, including surveillance systems, case
investigation and contact tracing. Many of these measures are not known at a county level; however, the
number of tests and test positivity are known. The Harvard Global Health Institute has established targets for
assessing the adequacy of testing at both the mitigation level and the suppression level:3
Mitigation level testing: Mitigation focuses on reducing the spread of the virus through broad testing of
symptomatic people, tracing and testing a recommended 10 contacts per new case, isolating positive contacts,
social distancing, mask-wearing or stay-at-home orders as necessary. Testing targets for mitigation is set as the
sum of symptomatic cases and 10 times the number of cases (to cover the contacts) and does not include
targeted testing (sentinel testing of nursing homes, schools, etc.).
Suppression level testing: Suppression allows a community to quickly find and isolate new cases before they
lead to a wider outbreak, with an aim of keeping new case levels at or near zero. A test positivity rate of 3% or
less can be used as an indicator of progress towards suppression level testing. Suppression level testing requires
testing of asymptomatic people in high-risk environments including nursing homes, colleges, etc.
Brookings Measure: Is the public health surveillance system able to detect and manage the cases and their
contacts, and identify a resurgence of cases? Evaluate whether mitigation and suppression levels of testing
are being met using the total number of tests completed and test positivity in Brookings during the previous
week and approximate length of time for test results to received back in the clinics.
For mitigation level of testing the number of tests completed should be equal to or greater than the total
number of new cases identified plus ten times the number of new cases. For suppression level testing, the
test positivity should be 3% or less.
It will be noted whether the mitigation and suppression levels of testing are being met, as well as the
approximate length of time between samples being submitted by local labs and test results being received.
Additional notes
Caveats regarding the data:
• The number of cases by day that are used in calculating Rt are based on the numbers posted to the
SDDOH dashboard. These dates are not the date symptoms appeared and not necessarily the date the
test sample was obtained or the test was conducted; they are the date that the test results were
reported to SDDOH. This is the best information that is available.
• The number of tests conducted in Brookings are not the number of individuals tested, but the number of
tests performed, which may include repeated testing of the same individual.
Committee Members: Bonny Specker, MS, PhD (epidemiologist), Chris Chase, DVM, PhD (virologist), Gary
Gackstetter, DVM, MPH, PhD (epidemiologist), Amy Hockett, RN (Sanford Brookings Clinic Manager), Adam
Hoppe, PhD (cell biologist, immunologist), Victor Huber, PhD (virologist, immunologist), Jason Merkley
(President, Brookings Health System), Natalie Thiex, MPH, PhD (epidemiologist, toxicologist), Xiuging Wang, PhD
(virologist, cell biologist)
3 https://globalepidemics.org/testing-targets/
For week ending December 4, 2020
APPENDIX: Criteria recommended by the WHO4
Table 1. WHO Criteria for Epidemiological Control
Epidemiological Criteria Explanation
Decline of at least 50% over a 3-week period since the
latest peak and continuous decline in the observed
incidence of confirmed and probable cases °
This indicates a decline in transmission equivalent to a halving time of
three weeks or less since the latest peak, when the testing strategy is
maintained or strengthened to test a greater % of suspected cases.
Less than 5% of samples positive for COVID-19, at least
for the last 2 weeks, ° assuming that surveillance for
suspected cases is comprehensive
The % positive samples can be interpreted only with comprehensive
surveillance and testing of suspect cases, in the order of 1/1000
population/week
Less than 5% of samples positive for COVID-19, at least
for the last 2 weeks°, among influenza-like-illness (ILI)
samples tested at sentinel surveillance sites
Through ILI sentinel surveillance, a low % of positive samples indicates
low community transmission*
At least 80% of cases are from contact lists and can be
linked to known clusters
This indicates that most transmission chains have been identified,
offering the opportunity for follow-up. This may be limited by the fact
that the information will certainly not have been collected at the height
of the epidemic.
Decline in the number of deaths among confirmed and
probable cases at least for the last 3 weeks °
This will indicate, with an approximately 3-week lag-time, that the total
number of cases is decreasing. If testing has decreased, then the
number of deaths in probable cases will be more accurate.
Continuous decline in the number of hospitalization and
ICU admissions of confirmed and probable cases at least
for the last 2 weeks°
This indicates, with an approximately 1-week lag-time and providing
that the criteria for hospitalization have not changed, a decline in the
number of cases.
Decline in the age-stratified excess mortality due to
pneumonia
When pneumonia cases cannot be systematically tested, a decline in
the mortality of pneumonia would indirectly indicate a reduction in the
excess mortality due to COVID-19.
* Trend evaluation requires that no changes occurred in testing or measurement strategy
° 2-week period corresponds to the maximum incubation period and is the minimum period on which to assess changes in trends.
Table 2. WHO Criteria for Health System Capacity
Health System Criteria Explanation
All COVID-19 patients can be managed according to
national standard
This indicates that the health system has returned to a state where all
conditions (staff, beds, drugs, equipment, etc.) are there to provide the
same standard of care that existed before the crisis.
All other patients with a severe non-COVID-19 condition
can be managed according to national standard
There is no increase in intra-hospital mortality due to
non-COVID-19 conditions
The health system can absorb or can expand to cope
with at least a 20% increase in COVID-19 case load
This indicates that the system would be sustainable even if it had to
absorb a surge in cases resulting from loosening public health and social
measures. This includes sufficient staff, equipment, beds, etc.
An Infection, Prevention and Control (IPC) focal point is
available in all health facilities (1 full-time trained IPC
focal point per 250 beds) and at district level
This indicates strong capacity for coordination, supervision and training
on IPC activities, including in primary health facilities.
All health facilities have screening for COVID-19 This is for ensuring that all patients who come to a facility are assessed
for COVID-19 in order to prevent health associated infections.
All acute health facilities have a mechanism for isolating
people with suspected COVID-19
The health system has sufficient capacity to isolate all patients with
COVID-19
4 https://www.who.int/publications/i/item/public-health-criteria-to-adjust-public-health-and-social-measures-in-the-context-of-covid-19
(downloaded 7/15/20)
For week ending December 4, 2020
Table 3. WHO Criteria for Public Health Surveillance
Public Health Surveillance Criteria Explanation
Public Health Surveillance Systems
New cases can be identified, reported, and data
included in epidemiological analysis within 24 hours
A surveillance system for COVID-19 is in place that is geographically
comprehensive and covers all persons and communities at risk.
Comprehensive surveillance includes surveillance at the community level,
primary care level, in hospitals, and through sentinel surveillance sites for
influenza and other respiratory diseases, where they exist.
Immediate reporting of probable and confirmed cases
of COVID-19 is mandated within national notifiable
disease with requirements
This indicates that appropriate public health policies are in place for
immediate notification of cases of COVID-19 from all health facilities.
Enhanced surveillance is implemented in closed
residential settings and for vulnerable groups
This indicates that public health authorities have identified populations
who live in residential settings or are vulnerable and that enhanced
surveillance is put in place for these populations.
Mortality surveillance is conducted for COVID-19
related deaths in hospitals and in the community
This indicates the ability to rapidly and reliably track the number of deaths
related to COVID-19. Where possible, medical certificate of death for
COVID-19 deaths should be issued. Other approaches for mortality
surveillance may be considered, such as reports from religious centres or
burial sites.
The total number of laboratory tests conducted for
COVID-19 virus is reported each day
Knowing the testing denominator can indicate the level of surveillance
activity and the proportion of tests positive can indicate the intensity of
transmission among symptomatic individuals.
Case Investigation
Public health rapid response teams are functional at all
appropriate administrative levels
A measure of the capability to rapidly investigate cases and clusters of
COVID-19.
90% of suspect cases are isolated and
confirmed/released within 48 hours of symptom onset
This indicates that investigation and isolation of new cases is sufficiently
rapid to minimize the generation of secondary cases.
Contact Tracing
At least 80% of new cases have their close contacts
traced and in quarantine within 72 hours of case
confirmation
These indicate that the capacity to conduct contact tracing is sufficient for
the number of cases and contacts.
At least 80% of contacts of new cases are monitored
for 14 days
Contacts should be contacted each day during the 14-day period and
ideally no more than two days should elapse without feedback from a
contact.
Information and data management systems are in
place to manage contact tracing and other related
data
While contact tracing data can be managed on paper at a small scale, large-
scale contact tracing can be supported by electronic tools such as the
Go.Data contact tracing software.
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 20-0496,Version:1
Public Hearing and Action on a Temporary Alcohol Application from St. Thomas More Catholic
School, to operate within the City of Brookings, South Dakota, on February 6, 2021, for a Winter Gala
and Grand Auction to be held at 1700 8th Street South.
Summary:
St. Thomas More has applied for a temporary alcohol license to hold a fundraising event on February
6, 2021 at their facility located at 1700 8th Street South. All temporary alcohol licenses must be
approved by the City Council through use of a public hearing.
Recommendation:
Staff recommends approval.
Attachments:
Memo
Legal Notice
SDCL References
City of Brookings Printed on 12/3/2020Page 1 of 1
powered by Legistar™
City Council Agenda Memo
From: Bonnie Foster, City Clerk
Council Meeting: December 8, 2020
Subject: Temporary Alcohol License
Person(s) Responsible: Bonnie Foster, City Clerk
Summary:
A Temporary Alcohol Application has been received from St. Thomas More Catholic
School, for the Annual Winter Gala and Grand Auction. This fundraising event will be
held on February 6, 2021 at 1700 8th Street South.
Background:
A public hearing and City Council action is required on all Temporary Alcohol
Applications in which the person applying does not hold an on -sale alcoholic beverage
license. All required documentation has been received and reviewed by City Attorney
Steve Britzman.
Item Details:
St. Thomas More Catholic School Annual Winter Gala and Grand Auction to be held on
February 6, 2021 at 1700 8th Street South. This fundraising event will be held virtually,
with all items housed at the Church.
Legal Consideration:
None.
Strategic Plan Consideration:
None.
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.
Supporting Documentation:
Hearing Notice
SDCL References
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, December 8, 2020 , in the Brookings
City & County Government Center, 520 Third Street, to consider a Temporary Alcohol
License Application from St. Thomas More Catholic School, to operate within the City of
Brookings, South Dakota, on February 6, 2021, for a Winter Gala and Grand Auction to
be held at 1700 8th Street South. At which time and place all persons interested will be
given a full, fair and complete hearing thereon.
Dated at Brookings, South Dakota, this 27th day of November, 2020.
Bonnie Foster, City Clerk
Published time(s) at an approximate cost: $ .
SD State Codified Law Reference
SDCL 35-4-124. Special alcoholic beverage licenses--Special events.
Any municipality or county may issue:
1) A special malt beverage retailers license in conjunction with a special event
within the municipality or county to any civic, charitable, educational, fraternal, or
veterans organization or any licensee licensed pursuant to § 35-4-111 or
subdivision 35-4-2(4), (6), or (16) in addition to any other licenses held by the
special events license applicant;
2) A special on-sale wine retailers license in conjunction with a special event within
the municipality or county to any civic, charitable, educational, fraternal, or
veterans organization or any licensee licensed pursuant to § 35-4-111 or
subdivision 35-4-2(4), (6), or (12) or any farm winery licensee in addition to any
other licenses held by the special events license applicant;
3) A special on-sale license in conjunction with a special event within the
municipality or county to any civic, charitable, educational, fraternal, or veterans
organization or any licensee licensed pursuant to § 35-4-111 or subdivision 35-4-
2(4) or (6) in addition to any other licenses held by the special events license
applicant;
4) A special off-sale package wine dealers license in conjunction with a special
event within the municipality or county to any civic, charitable, educational,
fraternal, or veterans organization or any licensee licensed pursuant to
subdivision 35-4-2(3), (5), or (12) or any farm winery licensee in addition to any
other licenses held by the special events license applicant. A special off -sale
package wine dealers licensee may only sell wine manufactured by a farm
winery licensee;
5) A special off-sale package wine dealers license in conjunction with a special
event, conducted pursuant to § 35-4-124.1, within the municipality or county to
any civic, charitable, educational, fraternal, or veterans organization;
6) A special off-sale package malt beverage dealers license in conjunction with a
special event, conducted pursuant to § 35-4-124.1, within the municipality or
county to any civic, charitable, educational, fraternal, or vet erans organization; or
7) A special off-sale package dealers license in conjunction with a special event,
conducted pursuant to § 35-4-124.1, within the municipality or county to any
civic, charitable, educational, fraternal, or veterans organization.
The municipality or county may issue a license under this section for a time not to
exceed fifteen consecutive days. No public hearing is require d for the issuance of a
license pursuant to this section if the person applying for the license holds an on -sale
alcoholic beverage license or a retail malt beverage license in the municipality or county
or holds an operating agreement for a municipal on -sale alcoholic beverage license,
and the license is to be used in a publicly-owned facility. The local governing body shall
establish rules to regulate and restrict the operation of the special license, including
rules limiting the number of licenses that may be issued to any person within any
calendar year.
Source: SL 2010, ch 185, § 1; SL 2011, ch 175, § 1; SL 2015, ch 195, § 1, eff. Mar. 13,
2015; SL 2018, ch 213, § 106; SL 2019, ch 162, § 2; SL 2020, ch 156, § 1.
SDCL 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
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 20-105,Version:1
Public Hearing and Action on Resolution 20-105, a Resolution of Intent to Lease Real Property to
Lyle Bothe in Section 21-T110N-R50W (West of Brookings Airport).
Summary:
The City awarded a contract to Lyle Bothe on November 10, 2020 to lease 85 acres of hay land in
Section 21-T110N-R50W, for the bid price of $111.00 per acre. This resolution will allow the City to
enter into a contract with Lyle Bothe for the City Hay Land Lease for 2021 and 2022 with the option to
renew for two additional one-year terms for 2023 and 2024.
Recommendation:
Staff recommends approval.
Attachments:
Memo
Resolution
Hearing Notice
Map
City of Brookings Printed on 12/3/2020Page 1 of 1
powered by Legistar™
City Council Agenda Memo
From: Jackie Lanning, City Engineer
Council Meeting: December 8, 2020
Subject: Resolution 20-105: Intent to Lease Real Property to Lyle
Bothe in Section 21-T110N-R50W (West of Brookings
Airport)
Person(s) Responsible: Jackie Lanning, City Engineer
Summary:
This resolution will allow the City to enter into a contract with Lyle Bothe for the City Hay
Land Lease in Section 21-T110N-R50W for 2021 and 2022 with the option to renew for
two additional one-year terms for 2023 and 2024.
Background:
The City awarded a contract to Lyle Bothe on November 10, 2020 to lease 85 acres of
hay land in the Section 21, T110N, R50W, for the bid price of $111.00 per acre. The
parcel is located west of the Brookings Airport. The City leases the property for haying
operations which provides for extra income for the City as well as provides for weed
control.
Item Details:
A public hearing is required as per SDCL 9-12-5.2 to lease to a private person:
9-12-5.2. Powers - Lease to private person - Resolution - Notice - Hearing -
Authorization.
If the governing body decides to lease any municipally owned property to any
private person for a term exceeding one hundred twenty days and for an amount
exceeding five hundred dollars annual value it shall adopt a resolution of intent to
enter into such lease and fix a time and place for public hearing on the adoption
of the resolution. Notice of the hearing shall be published in the official
newspaper once, at least ten days prior to the hearing. Following the hearing the
governing body may proceed to authorize the lease upon the terms and
conditions it determines.
The Notice of Public Hearing was published as required.
Legal Consideration:
None.
Strategic Plan Consideration:
The hay land lease furthers the strategic initiative of financial responsibility, whereby the
City receives revenue from the lease. The person providing the hay removal also
provides weed control, thereby saving City staff and expenses for the weed control
operations.
Financial Consideration:
The City will enter into a two-year contract for 2021 and 2022 with Lyle Bothe for the
high bid of $111.00 per acre for 85 acres resulting in the annual payment of $9,435.00.
The contract may be renewed for two additional one-year terms, for 2023 and 2024.
Options and Recommendation:
The City Council has the following options:
1. Approve as presented
2. Amend
3. Deny
4. Move the item to a study session
5. Do nothing
Staff recommends approval of the resolution as presented.
Supporting Documentation:
Resolution
Hearing Notice
Map
Resolution 20-105
Resolution of Intent to Lease Real Property to Lyle Bothe
in Section 21-T110N-R50W (West of Brookings Airport)
Be It Resolved by the governing body of the City of Brookings, South Dakota, that the
City of Brookings intends to enter into a Lease with Lyle Bothe for a period of two (2)
years, commencing January 1, 2021 and ending December 31, 2022; and
Whereas, the Bidder may have the option to renew this Lease for two additional one-
year terms for 2023 and 2024; and
Whereas, this lease pertains to the following described property:
The designated hay land, eighty five (85) acres more or less, in Section 21,
T110N-R50W in the City of Brookings, Brookings County, South Dakota.
Whereas, the Lease will be an amount of One Hundred Eleven Dollars and Zero Cents
($111.00) per acre for hay land, payable the first half payment will be due July 1st with
the second half due November 1st of each year.
Be It Further Noted, that a Public Hearing on this Resolution was held on December 8,
2020, at 6:00 o’clock P.M. in the Chambers of the City & County Government Center
and that all persons were given an opportunity to be heard on the intent to lease real
property.
Passed and approved this 8th day of December, 2020.
CITY OF BROOKINGS
____________________________________
Keith W. Corbett, Mayor
ATTEST:
__________________________
Bonnie Foster, City Clerk
Notice of Public Hearing on Adoption of Resolution of Intent
To Lease Real Property in Section 21-T110N-R50W To Lyle Bothe
Notice is Hereby given that on Tuesday, December 8, 2020 at 6:00 o’clock P.M.,
the Brookings City Council will hold a public hearing in the Chambers, City & County
Government Center, 520 3rd Street, Brookings, South Dakota, on the Resolution of Intent
of the City of Brookings to lease to Lyle Bothe the following property:
The designated hay land of eighty (85) acres more or less in Section 21, T110N,
R50W located west of the Brookings Airport in the City of Brookings, Brookings
County, South Dakota.
At the time and place affixed for said public hearing, all who appear will be given
an opportunity to express their views for or against the proposal to lease the above
described property to Lyle Bothe.
Dated this 25th day of November, 2020.
CITY OF BROOKINGS
Bonnie Foster, City Clerk
If you require assistance, alternative formats and/or accessible locations consistent wi th 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 $___________.
W 16 T H A V E 10TH ST WW 2 8 T H A V EW 28TH AV E W 6TH STW 6TH ST212TH ST
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 20-106,Version:1
Public Hearing and Action on Resolution 20-106, a Resolution of Intent to Lease Real Property to
Lyle Bothe in Section 11-T109N-R50W (Main Avenue S. & 32nd Street S.).
Summary:
The City awarded a contract to Lyle Bothe on November 10, 2020 to lease 18 acres of hay land in the
Section 11-T109N-R50W, for the bid price of $52.50 per acre. This resolution will allow the City to
enter into a contract with Lyle Bothe for the City Hay Land Lease for 2021 and 2022 with the option to
renew for two additional one-year terms for 2023 and 2024.
Recommendation:
Staff recommends approval.
Attachments:
Memo
Resolution
Hearing Notice
Map
City of Brookings Printed on 12/3/2020Page 1 of 1
powered by Legistar™
City Council Agenda Memo
From: Jackie Lanning, City Engineer
Council Meeting: December 8, 2020
Subject: Resolution 20-106: Intent to Lease Real Property to Lyle
Bothe in Section 11-T109N-R50W (Main Ave. S. & 32nd St.
S.)
Person(s) Responsible: Jackie Lanning, City Engineer
Summary:
This resolution will allow the City to enter into a contract with Lyle Bothe for the City Hay
Land Lease in Section 11-T109N-R50W for 2021 and 2022 with the option to renew for
two additional one-year terms for 2023 and 2024.
Background:
The City awarded a contract to Lyle Bothe on November 10, 2020 to lease 18 acres of
hay land in the Section 11-T109N-R50W, for the bid price of $52.50 per acre. The
parcel is located southeast of the intersection of Main Avenue S. & 32nd Street S. The
City leases the property for haying operations which provides for extra income for the
City as well as provides for weed control.
Item Details:
A public hearing is required as per SDCL 9-12-5.2 to lease to a private person:
9-12-5.2. Powers - Lease to private person - Resolution - Notice - Hearing -
Authorization.
If the governing body decides to lease any municipally owned property to any
private person for a term exceeding one hundred twenty days and for an amount
exceeding five hundred dollars annual value it shall adopt a resolution of intent to
enter into such lease and fix a time and place for public hearing on the adoption
of the resolution. Notice of the hearing shall be published in the official
newspaper once, at least ten days prior to the hearing. Following the hearing the
governing body may proceed to authorize the lease upon the terms and
conditions it determines.
The Notice of Public Hearing was published as required.
Legal Consideration:
None.
Strategic Plan Consideration:
The hay lease furthers the strategic initiative of financial responsibility, whereby the City
receives revenue from the lease. The person providing the hay removal also provides
weed control, thereby saving City staff and expenses for the weed control operations.
Financial Consideration:
The City will enter into a two-year contract for 2021 and 2022 with Lyle Bothe for the
high bid of $52.50 per acre for 18 acres resulting in the annual payment of $945.00.
The contract may be renewed for two additional one-year terms, for 2023 and 2024.
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
Hearing Notice
Map
Resolution 20-106
Resolution of Intent to Lease Real Property to Lyle Bothe
in Section 11-T109N-R50W (Main Avenue S. & 32nd Street S.)
Be It Resolved by the governing body of the City of Brookings, South Dakota, that the
City of Brookings intends to enter into a Lease with Lyle Bothe for a period of two (2)
years, commencing January 1, 2021 and ending December 31, 2022; and
Whereas, the Bidder may have the option to renew this Lease for two additional one -
year terms for 2023 and 2024; and
Whereas, this lease pertains to the following described property:
The designated hay land, eighteen (18) acres more or less, in Section 11-
T109N-R50W in the City of Brookings, Brookings County, South Dakota.
Whereas, the Lease will be an amount of Fifty-two Dollars and Fifty Cents ($52.50) per
acre for hay land, payable the first half on July 1st of each year and the second half
payable on November 1st of ear year.
Be It Further Noted, that a Public Hearing on this Resolution was held on December 8,
2020 at 6:00 o’clock P.M. in the Chambers of the City & County Government Center
and that all persons were given an opportunity to be heard on the intent to lease real
property.
Passed and approved this 8th day of December, 2020.
CITY OF BROOKINGS
____________________________________
Keith W. Corbett, Mayor
ATTEST:
__________________________
Bonnie Foster, City Clerk
Notice of Public Hearing on Adoption of Resolution of Intent
To Lease Real Property in Section 11-T109N-R50W To Lyle Bothe
Notice is Hereby given that on Tuesday, December 8, 2020 at 6:00 o’clock P.M.,
the Brookings City Council will hold a public hearing in the Chambers, City & County
Government Center, 520 3rd Street, Brookings, South Dakota, on the Resolution of Intent
of the City of Brookings to lease to Lyle Bothe the following property:
The designated hay land of eighteen acres more or less in Section 11, T109N,
R50W in the City of Brookings, Brookings County, South Dakota.
At the time and place affixed for said public hearing, all who appear will be given
an opportunity to express their views for or against the proposal to lease the above
described property to Lyle Bothe.
Dated this 25th day of November, 2020.
CITY OF BROOKINGS
Bonnie Foster, City Clerk
If you require assistance, alternative formats and/or accessible locations consistent with the
Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least
48 hours prior to the meeting.
Published ___ time(s) at an approximate cost $___________.
36TH ST S
MAPLE DR
32ND S T S 3 2 ND S T S
35 TH ST S MAIN AVE SMAIN AVE S
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 20-107,Version:1
Public Hearing and Action on Resolution 20-107, a Resolution of Intent to Lease Real Property to
Lyle Bothe in the Wiese and Freeland Additions.
Summary:
The City awarded a contract to Lyle Bothe on November 10, 2020 to lease 10 acres of crop land in
the Freeland Addition and 30 acres of crop land in the Wiese Addition for the bid price of $170.00 per
acre. This resolution will allow the City to enter into a contract with Lyle Bothe for the City Crop Land
Lease for 2021 with the option to renew for one additional year in 2022.
Recommendation:
Staff recommends approval.
Attachments:
Memo
Resolution
Hearing Notice
Map
City of Brookings Printed on 12/3/2020Page 1 of 1
powered by Legistar™
City Council Agenda Memo
From: Jackie Lanning, City Engineer
Council Meeting: December 8, 2020
Subject: Resolution 20-107: Intent to Lease Real Property to Lyle
Bothe in the Wiese and Freeland Additions
Person(s) Responsible: Jackie Lanning, City Engineer
Summary:
This resolution will allow the City to enter into a contract with Lyle Bothe for the City
Crop Land Lease in the Wiese Addition and Freeland Addition for 2021 with t he option
to renew for one additional year for 2022.
Background:
The City awarded a contract to Lyle Bothe on November 10, 2020 to lease 10 acres of
crop land in the Freeland Addition and 30 acres of crop land in the Wiese Addition for
the bid price of $170.00 per acre. The City leases the property for crop operations
which provides for extra income for the City as well as provides for weed control.
Item Details:
A public hearing is required as per SDCL 9-12-5.2 to lease to a private person:
9-12-5.2. Powers - Lease to private person - Resolution - Notice - Hearing -
Authorization.
If the governing body decides to lease any municipally owned property to any
private person for a term exceeding one hundred twenty days and for an amount
exceeding five hundred dollars annual value it shall adopt a resolution of intent to
enter into such lease and fix a time and place for public hearing on the adoption
of the resolution. Notice of the hearing shall be published in the official
newspaper once, at least ten days prior to the hearing. Following the hearing the
governing body may proceed to authorize the lease upon the terms and
conditions it determines.
The Notice of Public Hearing was published as required.
Legal Consideration:
None.
Strategic Plan Consideration:
The crop lease furthers the strategic initiative of financial responsibility, whereby the
City receives revenue from the lease. The person providing the crop lease also
provides weed control, thereby saving City staff and expenses for the weed control
operations.
Financial Consideration:
The City will enter into a one-year contract for 2021 with Lyle Bothe for the high bid of
$170.00 per acre for 40 acres resulting in the annual payment of $6,800.00. The
contract may be renewed for one additional term for 2022.
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
Hearing Notice
Map
Resolution 20-107
Resolution of Intent to Lease Real Property to Lyle Bothe in the
Wiese and Freeland Additions
Be It Resolved by the governing body of the City of Brookings, South Dakota, that the
City of Brookings intends to enter into a lease with Lyle Bothe for a period of one year,
commencing on January 1, 2021 and ending December 31, 2021; and
Whereas, the Bidder may have the option to renew this Lease for one additional year for
2022; and
Whereas, this lease pertains to the following described property:
The designated crop land of thirty (30) acres more or less in the Wiese Addition
and the designated crop land o ten (10) acres more or less in the Freeland Addition
in the City of Brookings, Brookings County, South Dakota.
Whereas, the Lease will be an amount of One Hundred Seventy Dollars ($170.00) per
acre for crop land annually, payable first half on April 1 and the remaining half on
November 1; and
Whereas, the City of Brookings may terminate this Lease at any time in th e event a
parcel of the above described property is to be sold by the City of Brookings. If a
portion of the leased land is sold, the number of acres to be paid for will be adjusted at
the unit price per acre.
Be It Further Noted, that a Public Hearing on this Resolution was held on December 8,
2020 at 6:00 o’clock P.M. in the Chambers of the City & County Government Center
and that all persons were given an opportunity to be heard on the intent to lease real
property.
Passed and approved this 8th December, 2020.
CITY OF BROOKINGS
____________________________________
Keith W. Corbett, Mayor
ATTEST:
__________________________
Bonnie Foster, City Clerk
Notice of Public Hearing on Adoption of Resolution of Intent
To Lease Real Property in the Wiese and Freeland Additions To Lyle Bothe
Notice is Hereby given that on Tuesday, December 8, 2020, at 6:00 o’clock P.M.,
the Brookings City Council will hold a public hearing in the Chambers, Brookings
County & Government Center, 520 3rd Street, Brookings, South Dakota, on the
Resolution of Intent of the City of Brookings to lease to Lyle Bothe the following
property:
The designated farmland of thirty acres more or less in the Wiese Addition,
Section 19, T110N, R49W and ten acres more or less in the Freeland Addition, Section
18, T110N, R49W in the City of Brookings, Brookings County, South Dakota.
At the time and place affixed for said public hearing, all who appear will be given
an opportunity to express their views for or against the proposal to lease the above
described property to Lyle Bothe.
Dated this 25th day of November, 2020.
CITY OF BROOKINGS
Bonnie Foster, City Clerk
If you require assistance, alternative formats and/or accessible locations consistent with the
Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48
hours prior to the meeting."
Published ___ time(s) at an approximate cost $___________.
I 29I 29US HWY 14 BYPRAMP 32ND AVERAMPBlock 10 Freeland Addn.
10 Acres +/-
Freeland Addition Land Lease Map
I 29RAMP6TH ST
LEFEVRE DRI 2932ND AVE6TH STRAMP CAPITAL ST
Block 9, Wiese Addition
30 Acres +/-
Wiese Addition Land Lease Map
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 20-0509,Version:1
Action on a Legal Services Agreement between the City of Brookings and Steven J. Britzman,
Attorney at Law for a one-year contract (01/01/2021 - 12/31/2021).
Summary:
Annually, the City Council approves the Legal Services Agreement with City Attorney Steve Britzman.
The attached agreement is consistent with the 2020 agreement. The only substantial change is the
fee, which has a proposed increase of 2%.
Background:
The City Attorney is one of three positions appointed by Council as outlined in the City Charter. The
City Attorney services are contracted and outlined within an annual agreement. The agreement
outlines the performance of legal service, conflicts of interests, reimbursement for services, and
services noted on page 2 items 1-15.
Fiscal Impact:
There are no financial considerations other than the 2% increase.
Recommendation:
The City Attorney and City Manager discussed and recommend the proposed agreement.
Attachments:
Memo
Contract - clean
Contract - marked
City of Brookings Printed on 12/3/2020Page 1 of 1
powered by Legistar™
City Council Work Session Memo
From: Paul M. Briseno, City Manager
Council Meeting: December 8, 2020
Subject: City Attorney Legal Services Agreement Renewal
Person(s) Responsible: Paul Briseno, City Manager
Summary:
Annually, the City Council approves the legal services agreement with City Attorney
Steve Britzman. The attached agreement is consistent with the 2020 agreement. The
only substantial change is the fee, which has a proposed increase of 2%.
Background:
The City Attorney is one of three positions appointed by Council as outlined in the City
Charter. The City Attorney services are contracted and outlined within an annual
agreement. The agreement outlines the performance of legal service, conflicts of
interests, reimbursement for services and services noted on page 2 items 1-15.
Discussion:
The proposed 2021 Agreement reflects the same parameters as the 20 20 Agreement;
however, the fee is increased by 2%. The 2021 annual contract is $99,105.72 and an
hourly rate of $175.00 for litigation or substantial recodification. Additionally, $3,000 is
budgeted for membership and registration of professional trainings.
New this year a section was added to the agreement outlining the addition and process
for selecting an Assistant City Attorney. The added position would assist in the absence
of the City Attorney. This change does not increase the annual contract.
Legal Consideration:
None.
Financial Consideration:
There are no financial considerations other than the 2% increase.
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
The City Attorney and City Manager discussed and recommend the proposed
agreement.
Supporting Documentation:
Memo
Contract – clean
Contract – marked
Legal Services Agreement
_______________
THE CITY OF BROOKINGS AND STEVEN J. BRITZMAN, ATTORNEY AT LAW agree
that the City of Brookings has appointed Steven J. Britzman to serve as City Attorney for a one
(1) year period, commencing January 1, 2021 and ending December 31, 2021, unless extended
by mutual agreement of the parties, in writing. The City of Brookings and Steven J. Britzman
desire to set forth the terms of their Agreement concerning the provision of legal services by
Steven J. Britzman as City Attorney as follows:
1. Performance of Legal Services
Steven J. Britzman will perform all legal services as provided in the "Scope of Services for
City Attorney for City of Brookings" (the "Scope of Services"). A copy of the Scope of Services
for City Attorney is attached hereto. Steven J. Britzman will perform all legal services which
shall include representing the City in Magistrate Court in the enforcement of City Ordinances.
2. Insurance Coverage
Steven J. Britzman will maintain Attorneys Professional Liability coverage in the amount of
One (1) million dollars ($1,000,000) per claim and One (1) million dollars ($1,000,000)
aggregate during the term of this agreement. Steven J. Britzman will be responsible to pay any
deductible amount under the foregoing coverage.
3. Conflicts of Interest
The parties to this Agreement understand that actual or perceived conflicts of interest are
defined in great detail in the Rules of Professional Responsibility which govern attorneys and
which are a part of the statutes of South Dakota. Accordingly, Steven J. Britzman will follow the
Rules of Professional Responsibility, immediately disclose to the City Council and City Manager
any conflict or the appearance of a potential conflict, and resolve the issue to the satisfaction of
the City of Brookings and the client.
4. Compensation for Legal Services
Steven J. Britzman agrees to provide all of the legal services provided in the Scope of
Services, for a monthly sum from January 1, 2021 through December 31, 2021 of eight thousand
two hundred fifty-eight and 81/100 ($8,258.81) Dollars, payable on the last day of the month.
The hourly rate for other legal services, including those set forth in Item 1 5 of the Scope of
Services is $175.00 during the term of this Agreement.
The legal services provided by Steven J. Britzman will be performed as an independent
contractor and Steven J. Britzman shall therefore pay all payroll and business expenses incurred
in providing legal services to the City.
2
5. Expense Reimbursements, Meetings and Conferences
In addition to the compensation for legal services during each year of this Agreement, the
City will provide Three Thousand Dollars ($3,000.00) per year for membership in the
International Municipal Attorneys Association (IMLA) (currently $625.00 per year) and for
Conference registration, travel and lodging for the Annual Meeting of the International
Municipal Lawyers Association which includes approximately nineteen hours of continuing legal
education.
The City Attorney will also be reimbursed for out-of-pocket expenses when required to travel
outside the City of Brookings to other meetings or to perform legal services, provided such travel
is approved by the City Manager in advance of travel.
6. Legal Services not within the Scope of Services
Steven J. Britzman shall first obtain approval of the City to perform any legal services
excluded from the Scope of Services, however Steven J. Britzman and the City agree that it is
appropriate for the City Attorney to be responsive to residents of the city, the media, other
municipal attorneys, the municipal league and other public officials where communication or an
appropriate measure of assistance is in the best interest of the City.
7. Procedure for Appointment of Assistant City Attorney
In the event it is determined by the parties that an Assistant City Attorney be appointed, the
selection of the Assistant City Attorney shall be by appointment by the City Council upon
recommendation of the City Manager and City Attorney. The term of office of an Assistant City
Attorney shall coincide with the City Attorney’s term of office and the terms of the appointment
and scope of services shall be set forth in an Amendment to this Legal Services Agreement. The
compensation for an Assistant City Attorney shall be paid solely by the City Attorney.
Dated this ____day of December, 2020.
STEVEN J. BRITZMAN, ATTORNEY AT LAW
Steven J. Britzman
Dated this ____day of December, 2020.
CITY OF BROOKINGS, SOUTH DAKOTA
Paul M. Briseno, City Manager
ATTEST:
_______________________________
Bonnie Foster, City Clerk
3
SCOPE OF SERVICES FOR CITY ATTORNEY
FOR CITY OF BROOKINGS
THE CITY ATTORNEY SHALL PERFORM THE FOLLOWING SERVICES:
1. The City Attorney will attend all City Council meetings as the legal advisor for
the Brookings City Council, unless the absence is due to vacation or illness or the subject
matter does not require the assistance of counsel.
2. Provide all necessary legal consultation services, including oral and written opinions and
research as requested by the Brookings City Council and the City Manager.
3. Provide legal assistance to the City’s Boards and Commissions, except the Utility Board and
Hospital Board, as requested by the City Manager and City Council.
4. Provide legal representation to the City in litigation initiated against the City and by the City
in circumstances where the City is not represented by legal counsel assigned by its insurance
company. Legal representation in litigation must be authorized in each instance by the City
Council and compensation will be in addition to the monthly compensation as provided in
Section 15.
5. Assist in the preparation and review of all contract agreements, resolutions,
ordinances and other legal documents considered, adopted or endorsed by the City.
6. To maintain a working knowledge of Municipal Law on both the State and Federal level.
7. Provide legal representation for the City before administrative bodies upon
special request by the City Council.
8. As requested, review all claims made against the City.
9. Confer with colleagues who specialize in areas of law to establish and verify
a basis for legal proceedings; serve as a liaison between outside legal counsel
and City Officials on specialized legal issues.
10. Prepare a monthly written report to the City Manager of legal services performed which
includes a description of the service and the time required to perform the service.
11. Assist the City Clerk and the private sector firm in Ordinance Codification.
12. The City Attorney will be an advisor to the labor negotiating staff and will review labor
contracts as required or requested.
13. Maintain professional awareness of current literature and changes in law and
4
attend continuing legal education to ensure the most efficient, cost-
effective, and accurate operation of the City Attorney’s Office.
14. Review proposed state legislation affecting the City and prepare or supervise
the preparation of state legislation relating to municipal and city government
matters as directed by the City Manager or City Council. Consult with City Council,
the City Manager and department heads in regard to such legislation and testify
before legislative boards as requested.
15. The City Attorney’s basic fee does not include the following services:
a. Litigation
b. Recodification of substantially all of the City Ordinances.
All services with the exception of litigation and recodification of the City Ordinances will be
compensated pursuant to the City Attorney’s basic fee. Fees for services in a. and b. above will
be as negotiated and agreed upon by the parties.
Legal Services Agreement
_______________
THE CITY OF BROOKINGS AND STEVEN J. BRITZMAN, ATTORNEY AT LAW agree
that the City of Brookings has appointed Steven J. Britzman to serve as City Attorney for a one
(1) year period, commencing January 1, 2021 and ending December 31, 2021, unless extended
by mutual agreement of the parties, in writing. The City of Brookings and Steven J. Britzman
desire to set forth the terms of their Agreement concerning the provision of legal services by
Steven J. Britzman as City Attorney as follows:
1. Performance of Legal Services
Steven J. Britzman will perform all legal services as provided in the "Scope of Services for
City Attorney for City of Brookings" (the "Scope of Services"). A copy of the Scope of Services
for City Attorney is attached hereto. Steven J. Britzman will perform all legal services which
shall include representing the City in Magistrate Court in the enforcement of City Ordinances.
2. Insurance Coverage
Steven J. Britzman will maintain Attorneys Professional Liability coverage in the amount of
One (1) million dollars ($1,000,000) per claim and One (1) million dollars ($1,000,000)
aggregate during the term of this agreement. Steven J. Britzman will be responsible to pay any
deductible amount under the foregoing coverage.
3. Conflicts of Interest
The parties to this Agreement understand that actual or perceived conflicts of interest are
defined in great detail in the Rules of Professional Responsibility which govern attorneys and
which are a part of the statutes of South Dakota. Accordingly, Steven J. Britzman will follow the
Rules of Professional Responsibility, immediately disclose to the City Council and City Manager
any conflict or the appearance of a potential conflict, and resolve the issue to the satisfaction of
the City of Brookings and the client.
4. Compensation for Legal Services
Steven J. Britzman agrees to provide all of the legal services provided in the Scope of
Services, for a monthly sum from January 1, 2021 through December 31, 2021 of eight thousand
two hundred fifty-eight and 81/100 ($8,096.87 $8,258.81) Dollars, payable on the last day of the
month.
The hourly rate for other legal services, including those set forth in Item 1 5 of the Scope of
Services is $175.00 during the term of this Agreement.
The legal services provided by Steven J. Britzman will be performed as an independent
contractor and Steven J. Britzman shall therefore pay all payroll and business expenses incurred
in providing legal services to the City.
2
5. Expense Reimbursements, Meetings and Conferences
In addition to the compensation for legal services during each year of this Agreement, the
City will provide Three Thousand Dollars ($3,000.00) per year for membership in the
International Municipal Attorneys Association (IMLA) (currently $625.00 per year) and for
Conference registration, travel and lodging for the Annual Meeting of the International
Municipal Lawyers Association which includes approximately nineteen hours of continuing legal
education.
The City Attorney will also be reimbursed for out-of-pocket expenses when required to travel
outside the City of Brookings to other meetings or to perform legal services, provided such travel
is approved by the City Manager in advance of travel.
6. Legal Services not within the Scope of Services
Steven J. Britzman shall first obtain approval of the City to perform any legal services
excluded from the Scope of Services, however Steven J. Britzman and the City agree that it is
appropriate for the City Attorney to be responsive to residents of the city, the media, other
municipal attorneys, the municipal league and other public officials where communication or an
appropriate measure of assistance is in the best interest of the City.
7. Procedure for Appointment of Assistant City Attorney
In the event it is determined by the parties that an Assistant City Attorney be appointed, the
selection of the Assistant City Attorney shall be by appointment by the City Council upon
recommendation of the City Manager and City Attorney. The term of office of an Assistant City
Attorney shall coincide with the City Attorney’s term of office and the terms of the appointment
and scope of services shall be set forth in an Amendment to this Legal Services Agreement. The
compensation for an Assistant City Attorney shall be paid solely by the City Attorney.
Dated this ____day of December, 2020.
STEVEN J. BRITZMAN, ATTORNEY AT LAW
Steven J. Britzman
Dated this ____day of December, 2020.
CITY OF BROOKINGS, SOUTH DAKOTA
Paul M. Briseno, City Manager
ATTEST:
_______________________________
Bonnie Foster, City Clerk
3
SCOPE OF SERVICES FOR CITY ATTORNEY
FOR CITY OF BROOKINGS
THE CITY ATTORNEY SHALL PERFORM THE FOLLOWING SERVICES:
1. The City Attorney will attend all City Council meetings as the legal advisor for
the Brookings City Council, unless the absence is due to vacation or illness or the subject
matter does not require the assistance of counsel.
2. Provide all necessary legal consultation services, including oral and written opinions and
research as requested by the Brookings City Council and the City Manager.
3. Provide legal assistance to the City’s Boards and Commissions, except the Utility Board and
Hospital Board, as requested by the City Manager and City Council.
4. Provide legal representation to the City in litigation initiated against the City and by the City
in circumstances where the City is not represented by legal counsel assigned by its insurance
company. Legal representation in litigation must be authorized in each instance by the City
Council and compensation will be in addition to the monthly compensation as provided in
Section 15.
5. Assist in the preparation and review of all contract agreements, resolutions,
ordinances and other legal documents considered, adopted or endorsed by the City.
6. To maintain a working knowledge of Municipal Law on both the State and Federal level.
7. Provide legal representation for the City before administrative bodies upon
special request by the City Council.
8. As requested, review all claims made against the City.
9. Confer with colleagues who specialize in areas of law to establish and verify
a basis for legal proceedings; serve as a liaison between outside legal counsel
and City Officials on specialized legal issues.
10. Prepare a monthly written report to the City Manager of legal services performed which
includes a description of the service and the time required to perform the service.
11. Assist the City Clerk and the private sector firm in Ordinance Codification.
12. The City Attorney will be an advisor to the labor negotiating staff and will review labor
contracts as required or requested.
13. Maintain professional awareness of current literature and changes in law and
4
attend continuing legal education to ensure the most efficient, cost-
effective, and accurate operation of the City Attorney’s Office.
14. Review proposed state legislation affecting the City and prepare or supervise
the preparation of state legislation relating to municipal and city government
matters as directed by the City Manager or City Council. Consult with City Council,
the City Manager and department heads in regard to such legislation and testify
before legislative boards as requested.
15. The City Attorney’s basic fee does not include the following services:
a. Litigation
b. Recodification of substantially all of the City Ordinances.
All services with the exception of litigation and recodification of the City Ordinances will be
compensated pursuant to the City Attorney’s basic fee. Fees for services in a. and b. above will
be as negotiated and agreed upon by the parties.
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 20-0502,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 12/3/2020Page 1 of 1
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City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 20-0505,Version:1
Executive Session, pursuant to SDCL 1-25-2, for discussing the qualifications, competence,
performance, character or fitness of any public officer or employee or prospective public officer or
employee. The term, employee, does not include any independent contractor. And, for consulting with
legal counsel or reviewing communications from legal counsel about proposed or pending litigation or
contractual matters.
SDCL 1-25-2. Executive or closed meetings--Purposes--Authorization--Violation as misdemeanor.
Executive or closed meetings may be held for the sole purposes of:
1.Discussing the qualifications, competence, performance, character or fitness of any public
officer or employee or prospective public officer or employee. The term, employee, does not
include any independent contractor;
2.Discussing the expulsion, suspension, discipline, assignment of or the educational program of
a student or the eligibility of a student to participate in interscholastic activities provided by the
South Dakota High School Activities Association;
3.Consulting with legal counsel or reviewing communications from legal counsel about proposed
or pending litigation or contractual matters;
4.Preparing for contract negotiations or negotiating with employees or employee
representatives;
5.Discussing marketing or pricing strategies by a board or commission of a business owned by
the state or any of its political subdivisions, when public discussion may be harmful to the
competitive position of the business; or
6.Discussing information listed in subdivisions 1-27-1.5(8) and 1-27-1.5(17).
However, any official action concerning such matters shall be made at an open official meeting. An
executive or closed meeting shall be held only upon a majority vote of the members of the public
body present and voting, and discussion during the closed meeting is restricted to the purpose
specified in the closure motion. Nothing in § 1-25-1 or this section prevents an executive or closed
meeting if the federal or state Constitution or the federal or state statutes require or permit it. A
violation of this section is a Class 2 misdemeanor.
Source: SL 1965, ch 269; SL 1980, ch 24, § 10; SL 1987, ch 22, § 1; SL 2014, ch 90, § 2; SL 2019,
ch 2, § 1.
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