HomeMy WebLinkAbout2019_03_12 CC PKTCity Council
City of Brookings
Meeting Agenda
Brookings City Council
Brookings City & County
Government Center
520 3rd St., Suite 230
Brookings, SD 57006
Phone: (605) 692-6281
Fax: (605) 692-6907
"We are an inclusive, diverse, connected community that fuels the creative class, embraces sustainability
and pursues a complete lifestyle. We are committed to building a bright future through dedication,
generosity and authenticity. Bring your dreams!"
Council Chambers5:00 PMTuesday, March 12, 2019
The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse
economic base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal
management.
5:00 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 2019-0086 Action to approve the February 26, 2019 City Council Minutes.
2/26/2019 MinutesAttachments:
3.C.ID 2019-0089 Action on appointments to the Brookings Committee for People who have
Disabilities.
3.D.RES 19-021 Action on Resolution 19-021, a Resolution in support of a Polling Location
on the SDSU Campus.
Page 1 City of Brookings
March 12, 2019City Council Meeting Agenda
ResolutionAttachments:
3.E.RES 19-026 Action on Resolution 19-026, a Resolution designating Vote Center
locations, and the appointment of Election Superintendents and Judges for
the April 9, 2019 Municipal Election.
ResolutionAttachments:
3.F.ID 2019-0104 Action on a request from Lorraine Kracke, 1704 8th St., to abate property
taxes in the amount of $419.78, legal description: Garden Square
Addition, Unit 1704AR. Parcel #40185-00000-017-04.
Abatement ApplicationAttachments:
4. Items removed from Consent Agenda.
Action: Motion to Approve, Request Public Comment, Roll Call
5. Open Forum/Presentations/Reports:
5.A. Open Forum.
At this time, any member of the public may request time on the agenda for an item not
listed. Items are typically scheduled for the end of the meeting; however, very brief
announcements or invitations will be allowed at this time.
5.B. SDSU Student Association Report.
5.C.ID 2019-0106 End-of-Year 2018 and January 31, 2019 Chief Financial Officer’s Report.
End-of-Year 2018 Report
January 31, 2019 Report
Attachments:
5.D.ID 2019-0098 Human Rights Commission update to the City Council.
Annual Report
2019 Proposed Goals
Attachments:
6. Contracts/Change Orders:
6.A.RES 19-024 Action on Resolution 19-024, a Resolution Awarding Bids on 2019-04STI,
22nd Avenue Phase I Reconstruction Project.
City Council Memo
Recommendation Letter
Resolution
Map
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
7. Ordinance First Readings: None
Page 2 City of Brookings
March 12, 2019City Council Meeting Agenda
No vote is taken on the first reading of an Ordinance. The title of the Ordinance is read
and the date for the public hearing is announced.
8. Public Hearings and Second Readings: None
9. Other Business:
9.A.RES 19-028 Action on Resolution 19-028, a Resolution Accepting a Gift of Real
Property to the City of Brookings.
Memo
Resolution
Plat Map
BlairHills Properties, Inc. Map
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
9.B.ID 2019-0092 Action on Brookings County Detention Center Expansion Historical Review
and request for Judicial Determination.
Memo
SDCL 1-19A-11.1
Preservation Vote
SD State Historical Society Opinion
Brookings County Commission Resolution 18-44
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
10. City Council member introduction of topics for future discussion.
Any Council Member may request discussion of any issue at a future meeting only.
Items cannot be added for action at this meeting. A motion and second is required
stating the issue, requested outcome, and time. A majority vote is required.
11. Adjourn.
Brookings City Council: Keith Corbett, Mayor, Mary Kidwiler, Deputy Mayor & Council Member
Council Members Patty Bacon, Dan Hansen, Ope Niemeyer, Holly Tilton Byrne, and Nick Wendell
Council Staff:
Paul M. Briseno, City Manager Steven Britzman, City Attorney Bonnie Foster, Acting 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. Please contact Maggie Owens, City of Brookings
Director of Administrative Services, at (605)692-6281 or mowens@cityofbrookings.org
<mailto:mowens@cityofbrookings.org>. If you require additional assistance, alternative formats, and/or accessible
locations consistent with the Americans with Disabilities Act, please contact Maggie Owens, City ADA Coordinator,
at (605)692-6281 at least three working days prior to the meeting.
Page 3 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 2019-0086,Version:1
Action to approve the February 26, 2019 City Council Minutes.
Attachments:
02/26/2019 Minutes
City of Brookings Printed on 3/7/2019Page 1 of 1
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Brookings City Council
February 26, 2019 (unapproved)
The Brookings City Council held a meeting on Tuesday, February 26, 2019 at 6:00 PM,
at City Hall with the following City Council members present: Mayor Keith Corbett,
Council Members Mary Kidwiler, Dan Hansen, Holly Tilton Byrne, Nick Wendell, Patty
Bacon, and Ope Niemeyer. City Manager Paul Briseno, City Attorney Steve Britzman,
and Acting City Clerk Bonnie Foster were also present.
6:00 PM REGULAR MEETING
Consent Agenda:A motion was made by Council Member Hansen, seconded by
Council Member Kidwiler, to approve the Consent Agenda. The motion carried by the
following vote: Yes: 7 - Niemeyer, Hansen, Kidwiler, Wendell, Bacon, Tilton Byrne, and
Corbett.
3.A. Action to approve the agenda.
3.B. Action to approve the February 12, 2019 City Council Minutes.
3.C. Action on an appointment to the Sustainability Council as the student
Representative: appoint McKinley Lain (term expires 5/1/2019).
3.D. Action on appointments to the Brookings Human Rights Commission:
appoint Kati Hanson (term expires 1/1/2021); appoint Jason Meusburger and Marilyn
Hildreth (terms expire 1/1/2020).
Open Forum.
Council Member Bacon recognized Lawrence Novotny being named Citizen of the Year
by the SD Chapter of the National Assoc. of Social Workers for his contributions to an
area or population of concern.
Doc Knaus, 932 44th St. So., expressed concerns about the upcoming spring snow melt
and the City’s Drainage Plan.
Former members of the Brookings Committee for People who have Disabilities, Jessie
Kuechenmeister, Dave Miller and Lonnie Bayer, expressed concerns with the City’s lack
of concern for the work the Committee did and the reasons why 10 members resigned.
Resolution 19-002. A motion was made by Council Member Wendell, seconded by
Council Member Niemeyer, that Resolution 19-002, a Resolution Awarding Bids on
2019-06STI, Chip Seal Project, be approved. The motion carried by the following vote:
Yes: 7 - Niemeyer, Hansen, Kidwiler, Wendell, Bacon, Tilton Byrne, and Corbett
Resolution 19-002 - Resolution Awarding Bids on
Project 2019-06STI Chip Seal Project
Whereas, the City of Brookings opened bids for Project 2019-06STI Chip Seal Project
on Tuesday, February 19, 2019 at 1:30 pm at the Brookings City and County
Government Center; and
Whereas, the City of Brookings has received the following bids for Project 2019-06STI
Chip Seal Project: Topkote, Inc. - $310,749.00; Bituminous Paving, Inc. - $364,200.00
and The Road Guy Construction Co., Inc. - $381,800.00.
Now Therefore, Be It Resolved that the low bid of $310,749.00 for Topkote, Inc. be
accepted.
Resolution 19-023. A motion was made by Council Member Wendell, seconded by
Council Member Hansen, that Resolution 19-023, a Resolution Awarding Bids on
2019-07STI Freight On Board Asphalt Material, be approved. The motion carried by the
following vote: Yes: 7 - Niemeyer, Hansen, Kidwiler, Wendell, Bacon, Tilton Byrne, and
Corbett.
Resolution 19-023 - Resolution Awarding Bids on
Project 2019-07STI Freight on Board Asphalt Material
Whereas, the City of Brookings opened bids for Project 2017-07STI Freight On Board
Asphalt Material on Tuesday, February 19, 2019 at 1:30 pm at the Brookings City and
County Government Center; and
Whereas, the City of Brookings has received the following bid: Bowes Construction Co.,
Inc.: $93,950.00.
Now, Therefore, Be It Resolved that the total low bid of $93,950.00 for Bowes
Construction Co., Inc., Brookings, SD be accepted.
Ordinance 19-002. A public hearing was held on Ordinance 19-002, an Ordinance
pertaining to a Conditional Use Permit to erect a temporary telecommunication tower
with a height of 165 feet in a Residence R-2 Two-Family District on Lot 3 and the East
½ of Lot 4, Block 1, Hill Park Addition, also known as 1116 4
th Street. A motion was
made by Council Member Bacon, seconded by Council Member Hansen, that
Ordinance 19-002 be approved. The motion carried by the following vote: Yes: 7 -
Niemeyer, Hansen, Kidwiler, Wendell, Bacon, Tilton Byrne, and Corbett.
Resolution 19-025.A motion was made by Council Member Kidwiler, seconded by
Council Member Hansen, that Resolution 19-025, a Resolution Authorizing the
Execution of Sales Tax Bonds in the Aggregate Principal Amount of Not to Exceed
$7.1M to Provide Funds for Capital Improvements Relating to the Renovation of the
Larson Ice Center, the Bob Shelden Baseball Fields, and other Infrastructure, be
approved. The motion carried by the following vote: Yes: 7 - Niemeyer, Hansen,
Kidwiler, Wendell, Bacon, Tilton Byrne, and Corbett.
Resolution 19-025 - Resolution Authorizing the Execution, Terms, Issuance, Sale, and Payment
of Sales Tax Revenue Bonds, Series 2019 in the Aggregate Principal Amount of Not To Exceed
Seven Million One Hundred Thousand Dollars ($7,100,000), of the City of Brookings of
Brookings County, South Dakota to Provide Funds to Pay Costs Associated with Public
Improvements Including the Renovation of the Larson Ice Center and the Bob Shelden Baseball
Fields, and Costs of Issuance.
Whereas, the City of Brookings is authorized by the provisions of SDCL §10-52-2.10 to issue
Sales Tax Revenue Bonds to pay costs associated with the public improvements including the
renovation of the Larson Ice Center and the Bob Shelden Baseball Fields; and
Whereas, the City of Brookings, pursuant to the provisions of Article II, Chapter 78 of the
Revised Ordinances of the City of Brookings, South Dakota, pledges the proceeds of the City’s
two percent (2%) sales and service tax and use tax collected in each year; and WHEREAS, the
City Council has determined and does hereby declare that it is necessary and in the best
interest of the City to issue Sales Tax Revenue Bonds, Series 2019 for the purpose of providing
funds to (i) pay costs associated with Public improvements including the renovation of the
Larson Ice Center and the Bob Shelden Baseball Fields, and (ii) pay the Costs of Issuance of
the Bonds described herein.
Now, Therefore, Be It Resolved by the City Council of the City of Brookings of Brookings
County, as follows:
ARTICLE I
DEFINITIONS
Section 1.1. Definition of Terms.
In addition to the words and terms elsewhere defined in this Bond Resolution, the following
words and terms as used herein, whether or not the words have initial capitals, shall have the
following meanings, unless the context or use indicates another or different meaning or intent,
and such definitions shall be equally applicable to both the singular and plural forms of any of
the words and terms herein defined:
"Act" means collectively SDCL Chapter 6-8B and Chapter 10-52-2.10, as amended.
"Authorized Officer of the City" means the Mayor and the Finance Officer, or, in the case of any
act to be performed or duty to be discharged, any other member, officer, or employee of the City
then authorized to perform such act or discharge such duty.
"Bond Counsel" means Meierhenry Sargent LLP, a firm of attorneys recognized as having
experience in matters relating to the issuance of state or local governmental obligations.
"Bond Payment Date" means the payment dates as provided in the Bond Purchase
Agreement.
"Bond Purchase Agreement" means the agreement between the City and the Purchaser for the
purchase of the Bonds.
"Bond Resolution" means the within Resolution, duly adopted by the City Council on the date
hereof, as it may be amended from time to time.
"Bonds" mean not to exceed $7,100,000 of Sales Tax Revenue Bonds, Series 2019, dated the
Closing Date, or such other designation or date as shall be determined by the City Council
pursuant to Section 8.1 hereof, authorized and issued under the Bond Resolution.
"City" means the City of Brookings, Brookings County, South Dakota, a Home Rule with City
Manager form of municipality organized under the State of South Dakota.
"City Council" means the Council Members of the City elected pursuant to the provisions of the
SDCL Title 9.
"City Finance Officer" “Finance Officer” means the Chief Finance Officer or chief financial officer
of the City appointed pursuant to the provisions of South Dakota Codified Laws Title 9 or, in the
absence of such appointment or in the event the person so appointed is unable or incapable of
acting in such capacity, the person appointed by the City Council to perform the duties
otherwise performed by the City Finance Officer, or his/her designee.
"Closing Date" means the date the Bonds are exchanged for value.
"Code" means the Internal Revenue Code of 1986, as amended, and the applicable regulations
of the United States Department of Treasury promulgated thereunder as in effect on the date of
issuance of the Bonds.
"Costs of Issuance" means all costs, fees, charges and expenses incurred in connection with
the issuance of the Bonds, including costs for bond insurance and rating agency fees.
"Debt" means (1) indebtedness of the City for borrowed money or for the deferred purchase
price of property or services, and expressly including the obligation to pay principal and interest
on or with respect to revenue bonds, (2) the obligation of the City as lessee under leases which
should be recorded as capital leases under generally accepted accounting principles, and (3)
obligations of the City under direct or indirect guarantees in respect of, and obligations,
contingent or otherwise, to purchase or otherwise acquire, or otherwise to assure a creditor
against loss in respect of, indebtedness or obligations of others of the kinds referred to in
subdivisions (1) and (2) above.
"Interest Payment Dates" means the payment dates as provided in the Bond Purchase
Agreement.
"Mayor" means the Mayor elected pursuant to the provisions of SDCL Chapter 9 or his or her
designee acting on his or her behalf.
"Paying Agent and Registrar" means the Finance Officer of the City of Brookings, its successor
or successors hereafter appointed in the manner provided in Article VI hereof.
"Person" means an individual, partnership, corporation, trust, or unincorporated organization, or
a governmental entity or agency or political subdivision thereof.
"Placement Agent" means Dougherty & Company LLC acting for and on behalf of itself and
such securities dealers as it may designate.
"Pledged Sales Tax" means the proceeds of the proceeds of the City’s Sales Tax collected in
each year.
"President" means the President of the City Council who may act for the Mayor in the absence
of the Mayor.
“Public Improvements” means improvements to any structure, building, or other improvements
of any kind to real property, including the renovation of the Larson Ice Center and the Bob
Shelden Baseball Fields.
"Purchase Agreement" means the Bond Purchase Agreement authorized pursuant to and
described in Section 8.1 hereof by and between the City and the Purchaser.
"Purchaser" means the purchaser of the Bonds.
“Reserve Requirement” means the lesser of (i) 10% of the original principal amount of the
Bonds, (ii) the maximum annual debt service on the Bonds, or (iii) 125% of the average annual
debt service on, all outstanding Bonds having a parity lien on the Pledged Sales.
"Resolution" means this Bond Resolution.
"Sales Tax" means the City’s two percent (2%) retail occupational sales and service tax
imposed upon the gross receipts of all persons engaged in business within the jurisdiction of the
city who are subject to the South Dakota Retail Occupational Sales and Service Tax, SDCL
Chapter 10-45 (SDCL 10-45-1 et seq.) and the two percent (2%) excise tax on the privilege of
the use, storage and consumption within the jurisdiction of the city of tangible personal property
purchased, at the same rate as the municipal sales and service tax as provided in section 78-32
upon all transactions or use, storage and consumption which are subject to the South Dakota
Use Tax Act, SDCL Chapter 10-46 (SDCL 10-46-1 et seq.).
"Schedule" means the principal and interest payment schedule for the Bonds.
Section 1.2. References to Resolution.
The words "hereof", "herein", "hereunder", and other words of similar import refer to this
Bond Resolution as a whole.
Section 1.3. References to Articles, Sections, Etc.
References to Articles, Sections, and other subdivisions of this Bond Resolution are to the
designated Articles, Sections, and other subdivisions of this Bond Resolution as originally
adopted.
Section 1.4. Headings.
The headings of this Bond Resolution are for convenience only and shall not define or limit the
provisions hereof.
ARTICLE II
FINDINGS
Section 2.1
It is hereby found, declared a necessity and determined by the City Council that all limitations
upon the issuance of Bonds have been met and the Bonds are being authorized, issued and
sold in accordance with the provisions of the Act.
ARTICLE III
AUTHORITY, PLEDGE, LEVY AND ACCOUNTS
Section 3.1 Authority.
The City declares it necessary and is authorized by SDCL 10-52-2.10 to issue Bonds to finance
the costs associated with the public improvements and pay Costs of Issuance. The sales tax
revenue bonds shall be issued pursuant to, and in accordance with, the provisions of the Act,
the Bond Resolution, and other applicable provisions of law.
Section 3.2 Pledge of Sales Tax.
The City pledges so much of the collections of the Pledged Sales Tax as may be necessary to
pay the principal, premium, and interest on the Bonds, and to maintain any debt service reserve
established for the Bonds, if any.
Section 3.3. Collection of Taxes.
Pursuant to SDCL 10-52-2.10, the City does hereby pledge, provide and agree that it will
continue to impose and collect the Pledged Sales Tax so long as the Bonds are outstanding.
The governing body shall also pledge so much of the collections of the Pledged Sales Tax as
may be necessary to pay the principal, premium and interest on the bonds and to maintain any
Debt Service Reserve established for the Bonds.
Section 3.4. Accounts.
(a) Sales Tax. The Finance Officer will administer, enforce and collect, or cause to be
administered, enforced and collected, the Sales Tax on goods and services subject to taxes and
shall take all reasonable action necessary for this responsibility in accordance with law and
standard principles of accounting. Notwithstanding the following named accounts, the Finance
Officer may establish such accounts as are required by the South Dakota Legislative Audit
Municipal Accounting Manual.
(b) Construction Account. There is hereby created and established a “Construction Account”
There shall be credited to the Construction Account the proceeds from the sale of the Bonds
remaining after (a) the deposit to the Reserve Account required by Section 3.04(d), and (b)
payment of the (i) Purchaser’s discount, (ii) original issue discount and (iii) any other expenses
of issuing the Bonds. All moneys credited to the Construction Account shall be applied solely to
the payment of the costs associated with the Public Improvements.
(c) Principal and Interest Account. There is hereby created and established a “Principal and
Interest Account.” Immediately upon delivery of the Bonds, there shall be credited to the
Principal and Interest Account the amount of accrued interest received from the Purchaser.
Commencing on the date specified in the Bond Purchase Agreement, there shall be withdrawn
from the Sales Tax receipts at least monthly and credited to the Principal and Interest Account
an amount which, together with future credits, will be sufficient to pay the principal of and
interest on the Outstanding Bonds as the same become due.
(d) Reserve Account. There is hereby created and established a “Reserve Account.” There shall
be credited to the Reserve Account from the proceeds of the Bonds, an amount equal to the
Reserve Requirement. Thereafter, in the event that the amount on deposit in the Reserve
Account shall thereafter fall below the Reserve Requirement, additional deposits shall be made
from the Pledged Sales Tax to the Reserve Account until the Reserve Requirement is again
reached. Upon the issuance of any parity lien bonds, the Reserve Requirement established in
this section shall be increased to an amount equal to the combined maximum annual debt
service on the Outstanding Bonds. The balance required shall be funded on the delivery date of
the parity lien bonds. Moneys credited to the Reserve Account may be used only for the
payment of principal of and interest on the Outstanding Bonds and shall be used only in the
event that there are insufficient moneys in the Principal and Interest Account to meet such
principal and interest payments promptly when due. The interest from any investment of the
Reserve Account may be transferred from time to time to the Construction Account, provided
that after completion of the Improvements such interest shall be transferred to the Principal and
Interest Account. No transfer of investment income shall be made from the Reserve Account at
any time when the balance therein is less than the Reserve Requirement. Such investments
shall be subject to the limitations of South Dakota law.
(e) Subordinate Lien Bonds. After making the above required payments, any remaining
Pledged Sales Tax may be used for the payment of the principal of and interest on any
additional sales tax revenue bonds having a lien which is subordinate to the lien of the
Outstanding Bonds, and for a reserve fund as additional security for the payment of such
subordinate lien bonds.
(f) Other Expenditures. The remaining Pledged Sales Tax may be used for any legally
authorized purpose.
ARTICLE IV
FORM, TERMS, EXECUTION, AND TRANSFER OF BONDS
Section 4.1. Authorized Bonds.
The aggregate principal amount of Bonds that may be issued under the Bond Resolution shall
not exceed Seven Million One Hundred Thousand and No/100 Dollars ($7,100,000).
Section 4.2. Form of Bonds; Execution.
(a) The Bonds are issuable only as fully registered Bonds, without coupons, in any
denomination. All Bonds issued under the Resolution shall be substantially in the form set forth
in Exhibit A attached hereto, and by this reference incorporated herein as fully as though
copied.
(b) The Bonds shall be executed in such manner as may be prescribed by applicable law in the
name and on behalf of the City with the manual or facsimile signature of the Mayor, attested by
the manual or facsimile signature of the City Finance Officer, and approved as to form and
countersigned by a Resident Attorney by his manual or facsimile signature.
(c) In the event any officer whose manual or facsimile signature shall appear on any
Bonds shall cease to be such officer before the delivery of such Bonds, such manual or such
facsimile signature shall nevertheless be valid and sufficient for all purposes as if he or she had
remained in office until such delivery. Any Bonds may bear the facsimile signature of, or may be
manually signed by, such individuals who, at the actual time of the execution of such Bonds,
were the proper officers of the City to sign such Bonds, although on the date of the adoption by
the City of this Resolution, such individuals may not have been such officers.
Section 4.3 Maturities, Interest Rates, and Certain Other Provisions of Bonds.
(a) The Bonds shall become due and payable and be subject to the terms and conditions as are
set forth in the Bond Purchase Agreement.
(b) The Bonds shall be designated "Sales Tax Revenue Bonds, Series 2019," or such other
designation as shall be determined by the City Council pursuant to Section 8.1 hereof. The
Bonds shall bear interest from their date or from the most recent interest payment date to which
interest has been paid or duly provided for, until the principal amount of the Bonds is paid, such
interest (computed upon the basis of a 360-day year of twelve 30-day months) being payable on
Interest Payment Dates. Interest on each Bond shall be paid by wire transfer, check or draft of
the Paying Agent, payable in lawful money of the United States of America, to the person in
whose name such Bond is registered at the close of business on the Record Date. The principal
of the Bond shall be payable in lawful money of the United States of America at the principal
office of the Paying Agent on the Bond Payment Date. Each Bond shall state that it is issued
pursuant to the Act.
(c) The Paying Agent and Registrar shall make all interest payments with respect to the Bonds
on each interest payment date directly to the registered owners as shown on the bond
registration records maintained by the Paying Agent and Registrar as of the close of business
on the Record Date by wire transfer, check or draft mailed to such owners at their addresses
shown on said bond registration records, without, except for final payment, the presentation or
surrender of such registered Bonds, and all such payments shall discharge the obligations of
the City in respect of such Bonds to the extent of the payments so made. Payment of principal
and premium, if any, on the Bonds shall be made upon presentation and surrender of such
Bonds to the Paying Agent and Registrar as the same shall become due and payable.
Section 4.4 Negotiability of Bonds.
All Bonds issued under this Resolution shall be negotiable, subject to the provisions for
registration and transfer contained in this Resolution and in the Bonds.
Section 4.5 Registration, Transfer and Exchange of Bonds.
(a) The Bonds are transferable only by presentation to the Paying Agent and Registrar by the
registered owner, or his legal representative duly authorized in writing, of the registered bond(s)
to be transferred with the form of assignment on the reverse side thereof completed in full and
signed with the name of the registered owner as it appears upon the face of the bond(s)
accompanied by appropriate documentation necessary to prove the legal capacity of any legal
representative of the registered owner. Upon receipt of the bond(s) in such form and with such
documentation, if any, the Paying Agent and Registrar shall issue a new bond or bonds to the
assignee(s) in $1.00 denominations, or integral multiples thereof, as requested by the registered
owner requesting transfer. The Paying Agent and Registrar shall not be required to transfer or
exchange any bond during the period commencing on a Record Date and ending on the
corresponding interest payment date of such bond, nor to transfer or exchange any bond after
the publication of notice calling such bond for redemption has been made, nor to transfer or
exchange any bond during the period following the receipt of instructions from the City to call
such bond for redemption; provided, the Paying Agent and Registrar, at its option, may make
transfers after any of said dates. No charge shall be made to any registered owner for the
privilege of transferring any Bonds, provided that any transfer tax relating to such transaction
shall be paid by the registered owner requesting transfer. The person in whose name any bond
shall be registered shall be deemed and regarded as the absolute owner thereof for all
purposes and neither the City nor the Paying Agent and Registrar shall be affected by any
notice to the contrary whether or not any payments due on the Bonds shall be overdue. Bonds,
upon surrender to the Paying Agent and Registrar, may, at the option of the registered owner,
be exchanged for an equal aggregate principal amount of Bonds of the same maturity in any
authorized denomination or denominations.
Section 4.6 Mutilated, Lost, Stolen, or Destroyed Bonds.
(a) In the event any bond is mutilated, lost, stolen, or destroyed, the City may execute, and upon
the request of an Authorized Officer of the City the Paying Agent and Registrar shall
authenticate and deliver, a new bond of like maturity, interest rate, and principal amount, and
bearing the same number (but with appropriate designation indicating that such new bond is a
replacement bond) as the mutilated, destroyed, lost, or stolen bond, in exchange for the
mutilated bond or in substitution for the bond so destroyed, lost, or stolen. In every case of
exchange or substitution, the bondholder shall furnish to the City and the Paying Agent and
Registrar: (1) such security or indemnity as may be required by them to save each of them
harmless from all risks, however remote; and, (2) evidence to their satisfaction of the mutilation,
destruction, loss, or theft of the subject bond and the ownership thereof. Upon the issuance of
any bond upon such exchange or substitution, the City and the Paying Agent and Registrar may
require the Owner thereof to pay a sum sufficient to defray any tax or other governmental
charge that may be imposed in relation thereto and any other expenses, including printing costs
and counsel fees, of the City and the Paying Agent and Registrar. In the event any bond which
has matured or is about to mature shall become mutilated or be destroyed, lost, or stolen, the
City may, instead of issuing a bond in exchange or substitution therefor, pay or authorize the
payment of the same (without surrender thereof except in the case of a mutilated bond) if the
Owner thereof shall pay all costs and expenses, including attorneys’ fees, incurred by the City
and the Paying Agent and Registrar in connection herewith, as well as a sum sufficient to defray
any tax or other governmental charge that may be imposed in relation thereto and shall furnish
to the City and the Paying Agent and Registrar such security or indemnity as they may require
to save them harmless and evidence to the satisfaction of the City and the Paying Agent and
Registrar the mutilation, destruction, loss, or theft of such bond and of the ownership thereof.
(b) Every bond issued pursuant to the provisions of this section shall constitute an additional
contractual obligation of the City (whether or not the destroyed, lost, or stolen bond shall be
found at any time to be enforceable) and shall be entitled to all the benefits of this Bond
Resolution equally and proportionately with any and all other Bonds duly issued under this Bond
Resolution.
(c) All Bonds shall be held and owned upon the express condition that the provisions of this
Section are exclusive, with respect to the replacement or payment of mutilated, destroyed, lost,
or stolen Bonds, and, to the maximum extent legally permissible, shall preclude all other rights
or remedies, notwithstanding any law or statute now existing or hereafter enacted to the
contrary.
Section 4.7 Authentication.
The Paying Agent and Registrar is hereby authorized to authenticate and deliver the Bonds to
the Purchaser or as it may designate upon receipt by the City of the proceeds of the sale
thereof, to authenticate and deliver Bonds in exchange for Bonds of the same principal amount
delivered for transfer upon receipt of the bond(s) to be transferred in proper form with proper
documentation as hereinabove described. The Bonds shall not be valid for any purpose unless
authenticated by the Paying Agent and Registrar by the manual signature of an officer thereof
on the certificate set forth herein on the bond form.
ARTICLE V
REDEMPTION OF BONDS PRIOR TO MATURITY
Section 5.1 Redemption.
(a) Redemption. The Bonds shall be redeemable as set forth in the Bond Purchase Agreement.
ARTICLE VI
PAYING AGENT AND REGISTRAR
Section 6.1. Appointment and Acceptance of Duties.
(a) The City hereby authorizes the City Finance Officer as Paying Agent and Registrar with
respect to the Bonds and authorizes and directs the Paying Agent and Registrar to maintain
bond registration records with respect to the Bonds, to authenticate and deliver the Bonds as
provided herein, either at original issuance, upon transfer, or as otherwise directed by the City,
to effect transfers of the Bonds, to give all notices of redemption as required herein, to make all
payments of principal and interest with respect to the Bonds as provided herein, to cancel and
destroy Bonds which have been paid at maturity or upon earlier redemption or submitted for
exchange or transfer, to furnish the City at least annually a certificate of destruction with respect
to Bonds canceled and destroyed, and to furnish the City at least annually an audit confirmation
of Bonds paid, Bonds Outstanding and payments made with respect to interest on the Bonds.
The Mayor and the City Finance Officer, or either of them is hereby authorized to execute and
the City Finance Officer is hereby authorized to attest such written agreement between the City
and the Paying Agent and Registrar as they shall deem necessary or proper with respect to the
obligations, duties and rights of the Paying Agent and Registrar. The payment of all reasonable
fees and expenses of the Paying Agent and Registrar for the discharge of its duties and
obligations hereunder or under any such agreement is hereby authorized and directed.
Section 6.2. Permitted Acts and Functions.
The Paying Agent and Registrar may become the Owner of any Bonds, with the same rights as
it would have if it were not a Paying Agent and Registrar. The Paying Agent and Registrar may
act as an Purchaser or fiscal agent in connection with the sale of the Bonds or of any other
securities offered or issued by the City.
Section 6.3. Resignation or Removal of the Paying Agent and Registrar and Appointment of
Successors.
(a) The Paying Agent and Registrar may at any time resign and be discharged of the duties and
obligations created by the Bond Resolution by giving at least sixty (60) calendar days’ written
notice to the City Finance Officer. The Paying Agent and Registrar may be removed at any time
by the City Finance Officer, provided that such removal does not constitute a breach of any
contractual agreement with any such Paying Agent and Registrar, by filing written notice of such
removal with such Paying Agent and Registrar. Any successor Paying Agent and Registrar shall
be appointed by the City Finance Officer and shall be a trust company or a bank having the
powers of a trust company willing to accept the office of Paying Agent and Registrar on
reasonable and customary terms and authorized by law to perform all the duties imposed upon
it by the Bond Resolution.
(b) In the event of the resignation or removal of the Paying Agent and Registrar, such Paying
Agent and Registrar shall pay over, assign and deliver any monies and securities held by it as
Paying Agent and Registrar, and all books and records and other properties held by it as Paying
Agent and Registrar, to its successor, or if there be no successor then appointed, to the City
Finance Officer until such successor be appointed.
Section 6.4. Merger or Consolidation of Paying Agent and Registrar.
Any corporation or association into which the Paying Agent and Registrar may be converted or
merged, or with which it may be consolidated, or to which it may sell or transfer its trust
business and assets as a whole, or substantially as a whole, or any corporation or association
resulting from any such conversion, sale, merger, consolidation, or transfer to which it is a party
shall be and become successor Paying Agent and Registrar hereunder and shall be vested with
all the trusts, powers, discretion, immunities, privileges, and other matters as was its
predecessor, without the execution or filing of any instrument or any further act, deed, or
conveyance on the part of any of the parties hereto, anything herein contained to the contrary
notwithstanding. Upon any such conversion, merger, consolidation, sale or transfer, the City
Finance Officer shall have the right and option, upon notice to such converted, merged,
consolidated or acquiring entity, to remove such entity and appoint a successor thereto pursuant
to the procedures and requirements set forth in Section 6.3 hereof.
ARTICLE VII
ADDITIONAL BONDS
The City may issue additional bonds (the “Parity Bonds”) payable from the Pledged Sales
Tax and having a lien upon such revenues on a parity with the Bonds and the Outstanding
Parity Bonds providing that:
1. the City is current in the payment of principal and interest on the Outstanding Bonds and is
current in the collections required for the Principal and Interest Account and the Reserve
Account.
2. the City is in compliance with all covenants of outstanding sales tax revenue bonds and
3. the Pledged Sales Tax collected by the City in the last preceding fiscal year are sufficient to
cover 1.25 times the combined average annual principal and interest requirements on the
Outstanding Bonds and the proposed Parity Bonds.
ARTICLE VIII
SALE OF BONDS AND DEPOSIT OF PROCEEDS
Section 8.1. Sale of Bonds.
The Bonds shall be sold to the Purchaser at a price to be set forth in the Bond Purchase
Agreement. The Mayor and the Finance Officer, or either of them, in consultation with the
Purchaser, is authorized to make such changes in the structuring of the terms and sale of the
Bonds as they shall deem necessary. In this regard, they, or either of them, in consultation with
the Purchaser, are authorized to cause to be sold an aggregate principal amount of the Bonds
less than that authorized herein, to sell any or all of the Bonds as term Bonds with annual
mandatory redemption requirements which will produce substantially the same annual principal
reductions as authorized herein, to change the dated date of the Bonds, and to adjust principal
and interest payment dates and redemption dates of the Bonds. The form of the bond set forth
in Exhibit A attached hereto shall be conformed to reflect any changes, if any, as hereinbefore
mentioned. The Mayor and the City Finance Officer, or either of them, are hereby authorized to
execute and the City Finance Officer is authorized to attest the Bond Purchase Agreement with
the Purchaser providing for the purchase and sale of the Bonds. The Bond Purchase
Agreement shall be in form and content acceptable to the Mayor and City Finance Officer, the
execution thereof by either of them to constitute conclusive evidence thereof, provided the Bond
Purchase Agreement effects the sale of the Bonds in accordance with the provisions of this
Resolution, and is not inconsistent with the terms hereof. The Mayor and the City Finance
Officer are authorized to cause the Bonds to be authenticated and delivered by the Paying
Agent and Registrar to the Purchaser and to execute, publish, and deliver all Bonds and
documents, including the Official Statement, and closing Bonds and documents, as they shall
deem necessary in connection with the sale and delivery of the Bonds.
Section 8.2. Disposition of Bond Proceeds.
The proceeds of the sale of the Bonds shall be disbursed as follows:
(a) An amount, if any, necessary to fund the Reserve Account;
(b) An amount to fund the designated Capital Improvements will be deposited into the
Construction Account; and
(c) Any remaining amount will be used to pay the costs of issuance and sale of the Bonds
including necessary legal, accounting and fiscal expenses, printing, engraving, advertising and
similar expenses, administrative and clerical costs, rating agency fees, Paying Agent and
Registrar fees, and other necessary miscellaneous expenses incurred in connection with the
issuance and sale of the Bonds. Any funds remaining after payment of said expenses shall be
used to pay interest on the Bonds on the first interest payment date following delivery of the
Bonds. In the event that the Bonds will be draw down bond, all draws after the initial draw
disbursed in accordance with Section 8.2(a) through 8.2(c), shall be deposited in the
Construction Account.
Section 8.3. Tax Matters.
(a) The City covenants and agrees with the registered owners from time to time of the
Bonds that it will not take or permit to be taken by any of its officers, employees or agents any
action which would cause the interest on the Bonds to become includable in gross income for
federal income tax purposes under the Code and applicable Treasury Regulations (the
"Regulations"), and covenants to take any and all actions within its powers to ensure that the
basic interest on the Bonds will not become includable in gross income for federal income tax
purposes under the Code and the Regulations.
(b) The Mayor and the City Finance Officer, being the officers of the City charged with the
responsibility for issuing the Bonds pursuant to this Resolution are hereby authorized and
directed to execute and deliver to the Purchaser thereof a certificate in accordance with the
provisions of Section 148 of the Code, and Section 1.148-2(b) of the Regulations, stating that on
the basis of facts, estimates and circumstances in existence on the date of issue and delivery of
the Bonds, it is reasonably expected that the proceeds of the Bonds will be used in a manner
that would not cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the
Code and the Regulations.
(c) The City shall file with the Secretary of the Treasury a statement concerning the Bonds
containing the information required by Section 149(e) of the Code.
ARTICLE IX
MISCELLANEOUS
Section 9.1. Failure to Present Bonds.
(a) Subject to the provisions of Section 4.7 hereof, in the event any Bond shall not be presented
for payment when the principal or redemption price hereof becomes due, either at maturity or at
the date fixed for prior redemption thereof or otherwise, and in the event monies sufficient to pay
such Bond shall be held by the Paying Agent and Registrar for the benefit of the Owner thereof,
all liability of the City to such Owner for the payment of such Bond shall forthwith cease,
determine, and be completely discharged. Whereupon, the Paying Agent and Registrar shall
hold such monies, without liability for interest thereon, for the benefit of the Owner of such Bond
who shall thereafter be restricted exclusively to such monies for any claim under the Resolution
or on, or with respect to, said Bonds.
(b) If any Bond shall not be presented for payment within a period of five years following the
date when such Bond becomes due, whether by maturity or otherwise, the Paying Agent and
Registrar shall, subject to the provisions of any applicable escheat or other similar law, pay to
the City any monies then held by the Paying Agent and Registrar for the payment of such Bond
and such Bond shall (subject to the defense of any applicable statute of limitation) thereafter
constitute an unsecured obligation of the City.
Section 9.2. Payments Due on Saturdays, Sundays, and Holidays.
In any case where the date of maturity or interest on or principal of any Bonds, or the date fixed
for redemption of any Bonds, shall be a Saturday or Sunday or shall be, at the place designated
for payment, a legal holiday or a day on which banking institutions similar to the Paying Agent
and Registrar are authorized by law to close, then the payment of the interest on, or the
principal, or the redemption price of, such Bond need not be made on such date but must be
made on the next succeeding day not a Saturday, Sunday, or a legal holiday or a day upon
which banking institutions similar to the Paying Agent and Registrar are authorized by law to
close, with the same force and effect as if made on the date of maturity or the date fixed for
redemption, and no interest shall accrue for the period after such date.
Section 9.3. Miscellaneous Acts.
The appropriate officers of the City are hereby authorized, empowered, and directed to do any
and all such acts and things, and to execute, acknowledge, deliver, and, if applicable file or
record, or cause to be filed or recorded, in any appropriate public offices, all such documents,
instruments, and certifications, in addition to those acts, things, documents, instruments, and
certifications hereinbefore authorized and approved, as may, in their discretion, be necessary or
desirable to implement or comply with the intent of the Bond Resolution, or any of the
documents herein authorized and approved, or for the authorization, issuance, and delivery by
the City of the Bonds.
Section 9.4. Amendment.
The City Council is hereby authorized to make such amendments to the Bond Resolution as will
not impair the rights of the Bondholders.
Section 9.5. No Recourse Under Bond Resolution or on Bonds.
All stipulations, promises, agreements, and obligations of the City contained in the Resolution or
any supplemental resolutions shall be deemed to be the stipulations, promises, agreements,
and obligations of the City and not of any officer, director, or employee of the City in his or her
individual capacity, and no recourse shall be had for the payment of the principal of or interest
on the Bonds or for any claim based thereon or on the Resolution against any officer, director,
or employee of the City or against any official or individual executing the Bonds.
Section 9.6. Partial Invalidity.
If any one or more of the provisions of the Bond Resolution, or of any exhibit or attachment
thereto, shall be held invalid, illegal, or unenforceable in any respect, by final decree of any
court of lawful jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other
provision hereof, or of any exhibit or attachment thereto, but the Bond Resolution, and the
exhibits and attachments thereto, shall be construed the same as if such invalid, illegal, or
unenforceable provision had never been contained herein, or therein, as the case may be.
Section 9.7. Post Issuance Compliance.
The City does hereby adopt Meierhenry Sargent LLP Post Issuance Compliance Manual
procedures with regard to the Bonds. The City directs the Finance Officer to formalize the
written procedures.
Section 9.9 Conflicting Resolutions Repealed.
All resolutions or parts thereof in conflict herewith are, to the extent of such conflict, hereby
repealed.
Said motion was Council Member Kidwiler, seconded by Council Member Hansen, and upon
vote being taken the following voted AYE: All and the following voted NAY: None
Keith Corbett, Mayor
Bonnie Foster, Acting City Clerk
(SEAL)
EXHIBIT A - (FORM OF BOND)
UNITED STATES OF AMERICA
STATE OF SOUTH DAKOTA
CITY OF BROOKINGS
BROOKINGS COUNTY, SOUTH DAKOTA
SALES TAX REVENUE BONDS, SERIES 2019
REGISTERED REGISTERED
No. «No» $ .00
Initial Interest Rate Maturity Date Bond Date
% «maturity»
Registered Owner:
Maximum Principal Amount: « AND NO\100 DOLLARS
REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THE CERTIFICATE
SET FORTH ON THE FOLLOWING PAGES, WHICH FURTHER PROVISIONS SHALL FOR
ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH AT THIS PLACE.
It is hereby certified and recited that all conditions, acts and things required by law to exist or to
be done precedent to and in the issuance of this Bond did exist, have happened, been done and
performed in regular and due form and time as required by law.
This Bond shall not be valid or become obligatory for any purpose or be entitled to any benefit
or security under the Resolution until it shall have been authenticated by the execution by the
Registrar of the certificate of authentication endorsed hereon.
IN WITNESS WHEREOF, the City has caused this Bond to be signed by the manual or
facsimile signature of its Mayor of the City and to be countersigned by the manual or facsimile
signature of its City Finance Officer all as of the Bond Date specified above.
City of Brookings, South Dakota
By:
Mayor
ATTEST:
Acting City Clerk
COUNTERSIGNED:
Resident Attorney City of Brookings, South Dakota
CERTIFICATE OF AUTHENTICATION
This bond is a bond of the series designated therein and has been issued under the provisions
of the within-mentioned Resolution and the date of its authentication is _________, 2019.
Bond Registrar and Paying Agent
By: ____________________________
City Finance Officer
KNOW ALL MEN BY THESE PRESENTS: That the City of Brookings, South Dakota (the
"City"), in Brookings County, South Dakota, hereby acknowledges itself to owe and for value
received promises to pay the Principal Amount as indicated in the Principal Schedule attached
to this Bond, to the Registered Owner mentioned above in lawful money of the United States of
America, together with interest thereon from the Bond Date mentioned above at the Initial
Interest Rate mentioned above [Adjusted interest rate provisions]. The interest hereon is
payable ___________________ in each year to maturity or earlier redemption by wire transfer,
check or draft mailed to the Registered Owner at its address as it appears on the Bond
registration books of the City maintained by the City Finance Officer, Brookings, South Dakota,
as Bond registrar and paying agent (the "Registrar"), on the close of business on the last day
(whether or not a business day) of the calendar month next preceding such interest payment
date (the “Record Date”). The principal hereof due at maturity or upon redemption prior to
maturity is payable at the office of Registrar upon presentation and surrender of this Bond at
maturity or upon earlier redemption. The principal of, premium (if any) and interest on this Bond
is payable in any coin or currency of the United States of America which, at the time of payment,
is legal tender for the payment of public and private debts.
This Bond is one of an authorized issue of Bonds limited in aggregate principal amount to a
maximum of $7,100,000 (the "Bonds") all of like date and tenor except as to maturity, interest
rates and privileges of redemption, the proceeds of this issue (Series 2019) will be used for the
purpose of providing funds by appropriation to pay costs associated with the public
improvements including to the renovation of the Larson Ice Center and the Bob Shelden
Baseball Fields, and pay the Costs of Issuance of the Bonds, pursuant to a resolution duly and
regularly adopted by the City (the “Bond Resolution”), and are subject to all the provisions and
limitations of the Resolution and Chapters 10-52-2.10 and 6-8B, South Dakota Codified Laws,
as amended. The City has pledged and agreed to collect, so long as the Bonds are outstanding,
the City’s Sales Tax as defined in the Resolution.
The City may issue additional bonds (the “Parity Bonds”) payable from the Pledged Sales Tax
and having a lien upon such revenues on a parity with the Bonds and the Outstanding Parity
Bonds providing that: (1) the City is current in the payment of principal and interest on the
Outstanding Bonds and is current in the collections required for the Principal and Interest
Account and the Reserve Account, (2) the City is in compliance with all covenants of
outstanding sales tax revenue bonds, and (3) the Pledged Sales Tax collected by the City in the
last preceding fiscal year are sufficient to cover 1.25 times the combined average annual
principal and interest requirements on the Outstanding Bonds and the proposed Parity Bonds.
[Redemption Provisions]
This Bond is transferable by the registered holder hereof in person or by his attorney duly
authorized in writing at the office of the Bond Registrar in, but only in the manner, subject to the
limitations and upon payment of the charges provided in the Bond Resolution, and upon
surrender and cancellation of this Bond. Upon such transfer a new Bond or Bonds of authorized
denomination of the same maturity and for the same aggregate principal amount will be issued
to the transferee in exchange therefore.
The City and the Bond Registrar may deem and treat the registered holder hereof as the
absolute owner hereof and neither the City nor the Bond Registrar shall be affected by any
notice to the contrary.
BOND OPINION
$7,100,000
City of Brookings
Brookings County, South Dakota
Sales Tax Revenue Bonds, Series 2019
Ladies and Gentlemen:
We have acted as bond counsel in connection with the issuance by the City of Brookings (the
"Issuer") of $7,100,000 Sales Tax Revenue Bonds, Series 2019, dated _____________, 2019,
(the "Bonds"). We have examined such certified proceedings and other papers as we deem
necessary to render this opinion.
As to questions of fact material to our opinion, we have relied upon the certified proceedings
and other certifications of public officials furnished to us, without undertaking to verify such facts
by independent investigation.
Based upon the foregoing, we are of the opinion that, under existing law:
1. The Issuer is duly created and validly existing as a body corporate and politic and public
instrumentality of the State of South Dakota with the corporate power to adopt and perform the
Resolution and issue the Bonds.
2. Resolution _________ has been duly adopted by the Issuer on ____________ ___, 2019 and
constitutes a valid and binding obligation of the Issuer enforceable upon the Issuer.
3. The Resolution pledges the City’s two percent non-ad valorem sales, service and use tax
authorized by SDCL §10-52-2.10 and imposed by the provisions of Article II, Chapter 78 of the
Revised Ordinances of the City of Brookings (the “Sales Tax) in an amount sufficient to pay
principal, premium and interest when due on the Bonds.
4. The Bonds have been duly authorized, executed and delivered by the Issuer and are valid
and binding special obligations of the Issuer, payable solely from City’s Sales Tax.
5. The interest on the Bonds is excluded from gross income for federal income tax purposes
and is not an item of tax preference for purposes of the federal alternative minimum tax. The
opinions set forth in the preceding sentence are subject to the condition that the Issuer comply
with all requirements of the Internal Revenue Code of 1986 as amended, that must be satisfied
subsequent to the issuance of the Bonds in order that interest thereon be, or continue to be,
excluded from gross income for federal income tax purposes. The Issuer has covenanted to
comply with each such requirement. Failure to comply with certain of such requirements may
cause the inclusion of interest on the Bonds in gross income for federal income tax purposes to
be retroactive to the date of issuance of the Bonds. We express no opinion regarding other
federal tax consequences arising with respect to the Bonds.
6. The Bonds are free from taxation within the State of South Dakota, except for estate,
inheritance taxes and taxes imposed upon financial institutions under chapter 10-43. We
express no further opinions regarding other South Dakota tax consequences arising with regard
to the Bonds.
It is to be understood that the rights of the holders of the Bonds and the enforceability thereof
may be subject to bankruptcy, insolvency, reorganization, moratorium and other similar laws
affecting creditors' rights heretofore or hereafter enacted to the extent constitutionally applicable
and that their enforcement may be subject to the exercise of judicial discretion in accordance
with general principles of equity and subject to regulatory requirements under the laws of the
United States and of the State of South Dakota.
Meierhenry Sargent LLP
(Form of Assignment)
FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto the within
Certificate and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to
transfer the within Certificate on the books kept for registration thereof, with full power of
substitution in the premises.
Dated:
NOTICE: The signature to this Assignment must
correspond with the name as it appears upon the
face of the within Certificate in every particular,
without alteration or enlargement or any change
whatever.
Council Topics for Future Discussion.
A motion was made by Council Member Wendell, seconded by Council Member Tilton
Byrne, that the Human Rights Commission provide a report to the City Council at the
next meeting. The motion carried by the following vote: Yes: 7 - Niemeyer, Hansen,
Kidwiler, Wendell, Bacon, Tilton Byrne, and Corbett.
Executive Session.A motion was made by Council Member Wendell, seconded by
Council Member Kidwiler, to enter into Executive Session, pursuant to SDCL 1-25-2, for
purposes of consulting with legal counsel or reviewing communications from legal
counsel about proposed or pending litigation or contractual matters with the City
Council, City Attorney, and City Manager present. The motion carried by a unanimous
vote. A motion was made by Council Member Hansen, seconded by Council Member
Kidwiler, to exit Executive Session at 7:45 p.m. The motion carried by a unanimous
vote.
Adjourn. A motion was made by Council Member Bacon, seconded by Council
Member Hansen, that this meeting be adjourned at 7:46 p.m. The motion carried by a
unanimous vote.
CITY OF BROOKINGS
__________________________
Keith W. Corbett, Mayor
ATTEST:
__________________________
Bonnie Foster, Acting City Clerk
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 2019-0089,Version:1
Action on appointments to the Brookings Committee for People who have Disabilities.
Summary:
Mayor Keith Corbett has submitted the following appointment recommendations for City Council
advice and consent:
Brookings Committee for People who have Disabilities
Number of positions:10
Term Length:3 years
Residency Requirement:Required for 7 members
The Brookings Committee for People who have Disabilities strives to advocate for the rights of
people who have disabilities in our community. Throughout the year, specific events are held to bring
awareness and information to our citizens. Technical assistance is provided to the business
community, private individuals, governmental entities and nonprofit organizations. This is a service
not provided by any other entity in Brookings. The goals of this service are to improve the quality of
life for people who have disabilities through enhancing the knowledge base of entities in the
community; and to further serve as a community-based advocacy group enhancing the ability of local
entities to comply with Federal Civil Rights legislation.
Mayor’s Recommendation:
1.Appoint Mark Sternhagen
2.Appoint Jenny Grendler
3.Appoint Brianna Doran
4.Appoint Matthew Weiss
5.Appoint Rachel Holm
City of Brookings Printed on 3/7/2019Page 1 of 1
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City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 19-021,Version:1
Action on Resolution 19-021, a Resolution in support of a Polling Location on the SDSU Campus.
Summary:
The City Council supports an SDSU Campus polling location.
Recommendation:
Staff recommends approval.
Attachments:
Resolution
City of Brookings Printed on 3/7/2019Page 1 of 1
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Resolution 19-021
Resolution in Support of a Polling Location on the SDSU Campus
Whereas, Brookings County and the City of Brookings formerly had a polling location on
the SDSU campus; and
Whereas, the closest polling location any edge of campus is a mile away; and
Whereas, SDSU has over 2,000 employees and over 10,000 students that live in or
around Brookings; and
Whereas, all students are allowed to register to vote in the Brookings city elections, so
long as they live in the Brookings community or on campus; and
Whereas, an on-campus polling location would increase access for the thousands of
staff, faculty, and students that encounter the SDSU campus every day; and
Whereas, the polling location would expand voting access to all City of Brookings
residents; and
Whereas, creating a polling place that is accessible to students helps cultivate active
voters, which will positively affect their communities.
Now, Therefore, Be It Resolved that the City of Brookings supports the implementation
of an on-campus polling location at the SDSU Alumni Center for the City of Brookings.
Further, Be It Resolved the SDSU Alumni Center and Foundation supports the use of
their facility, which offers parking spaces and handicap accessible entrances, for a
polling location.
Passed and approved on the 12th day of March, 2019.
CITY OF BROOKINGS
Keith W. Corbett, Mayor
ATTEST:
Bonnie Foster, Acting City Clerk
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 19-026,Version:1
Action on Resolution 19-026, a Resolution designating Vote Center locations, and the appointment of
Election Superintendents and Judges for the April 9, 2019 Municipal Election.
Summary:
The City Council must designate the Vote Center locations, and appoint the Election Superintendents
and Judges and set their rate of compensation for the April 9, 2019 Municipal Election.
Recommendation:
Staff recommends approval.
Attachments:
Resolution
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Resolution 19-026
Resolution designating Vote Center Locations, and the Appointment of Election
Superintendents and Judges for the April 9, 2019 Municipal Election
Whereas, a City of Brookings Municipal Election will be held on April 9, 2019 for the
positions of two 3-year term City Council members; and
Whereas, as required by SDCL 9-13-16.1, the City Council must appoint Election
Superintendents and Deputies and set their rate of compensation; and
Whereas, as required by SDCL 12-14-1, the City Council must designate the Vote
Center locations; and
Whereas, the following superintendents and deputies are hereby appointed at a rate of
$12.50 per hour for Superintendents, $12.00 per hour for Judges, and a flat fee of
$25.00 for the April 8, 2019 Election School:
RESOLUTION BOARD: David Peterson, Larry Hult, and alternate Ken Ahartz;
VOTE CENTER 1 – Brookings Activity Center, 320 5
th Ave.: Ron Thaden,
Superintendent, Diane Spencer, Carol Dusharm, Dolores Canaday, and LaVonne Kurtz;
VOTE CENTER 2 – Bethel Baptist Church, 714 17
th Ave. So.: Sue Knutzen,
Superintendent, Kathy Waddell, Marilyn Foerster, Deb Waltman, and Linda Thaden;
VOTE CENTER 3 – Holy Life Tabernacle Church, 241 Mustang Pass: Ellen Herrboldt
Superintendent, Linda Schamp, and Janet Seeley;
VOTE CENTER 4 – SDSU Alumni Center, 815 Medary Ave.: Cathy Enlow,
Superintendent, Julie Erickson, Barb Meyer;
ABSENTEE/EARLY VOTE CENTER – City & County Government Center, 520 3
rd St. –
Peggy Whalen and Gloria Miller;
ABSENTEE VOTE CENTER PROCESSING – Larry Hult, Superintendent, Ken Ahartz,
and Sue Sackman;
ALTERNATES – Gloria Pike, Mark Binkley, Bobbe Bartley;
ELECTION NIGHT WORKER – Greg Witchey.
Passed and approved this 12th day of March, 2019.
CITY OF BROOKINGS
Keith W. Corbett, Mayor
ATTEST:
Bonnie Foster, Acting City Clerk
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 2019-0104,Version:1
Action on a request from Lorraine Kracke, 1704 8th St., to abate property taxes in the amount of
$419.78, legal description: Garden Square Addition, Unit 1704AR. Parcel #40185-00000-017-04.
Summary:
Lorraine Kracke, 1704 8th St., has applied to abate a portion of the property taxes in the amount of
$419.78 for Garden Square Addition, Unit 1704AR. Parcel #40185-00000-017-04. The applicant,
having otherwise qualified for the Assessment Freeze for the Elderly and Disabled, but missed the
deadline as prescribed in SDCL 10-6A-4.
Fiscal Impact:
The property tax revenue will be reduced by $419.78.
Recommendation:
County Assessor recommends approval.
Attachments:
Abatement Application
City of Brookings Printed on 3/7/2019Page 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 2019-0106,Version:1
End-of-Year 2018 and January 31, 2019 Chief Financial Officer’s Report.
Summary:
Chief Financial Officer, Erick Rangel, will present CFO’s reports.
Attachments:
End-of-Year 2018 Report
January 31, 2019 Report
City of Brookings Printed on 3/7/2019Page 1 of 1
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CFO's REPORT
FULL YEAR 2018
REVENUES: FY2017 A FY2018 A Δ $Δ%
Sales Tax:
1st Penny $6,657,027 $6,936,519 $279,492 4.2%
75% 2nd Penny $4,984,067 $5,193,467 $209,400 4.2%
25% 2nd Penny $1,638,149 $1,707,363 $69,214 4.2%
3rd Penny $933,057 $918,052 $15,005 (1.6%)
BID (Pillow Tax)$247,832 $247,790 $42 (0.0%)
Total $14,460,132 $15,003,191 $543,059 3.8%
Property Tax:$2,961,678 $3,039,100 $77,422 2.6%
Grand Total $17,421,810 $18,042,291 $620,481 3.6%
EXPENDITURES: FY2018 B FY2018 A Δ $% Used
Mayor & Council $137,524 $93,920 $43,604 68.3%
City Clerk $354,620 $285,110 $69,510 80.4%
City Manager $373,462 $357,460 $16,003 95.7%
City Attorney $106,482 $96,482 $10,000 90.6%
Human Resources $242,191 $250,836 $8,645 103.6%
Finance $483,298 $474,493 $8,805 98.2%
IT $263,415 $231,297 $32,118 87.8%
Government Buildings $104,866 $86,216 $18,650 82.2%
Community Development $532,373 $469,444 $62,929 88.2%
Engineering $514,792 $474,943 $39,848 92.3%
County Reimbursement $439,326 $353,305 $86,021 80.4%
Police Department $3,644,659 $3,305,023 $339,636 90.7%
Fire Department $653,506 $556,704 $96,802 85.2%
Hydrant Rental $94,415 $94,415 $0 100.0%
Street Department $2,981,786 $2,823,147 $158,639 94.7%
Animal Control $106,432 $97,984 $8,448 92.1%
Dakota Nature Park $92,739 $68,054 $24,685 73.4%
Aquatic Center $423,190 $355,683 $67,507 84.0%
Recreation Department $360,020 $298,241 $61,779 82.8%
Parks Department $2,081,757 $1,797,801 $283,957 86.4%
Ice Arena $732,730 $576,896 $155,834 78.7%
Forestry $587,056 $546,791 $40,264 93.1%
Library $1,090,418 $1,028,984 $61,434 94.4%
Subsidies $670,700 $613,484 $57,216 91.5%
Total $17,071,758 $15,336,713 $1,735,044 89.8%
CIP $9,022.6 $5,893.6 $3,128.9 65.3%
Grand Total $26,094.3 $21,230.3 $6,599.0 81.4%
A Actuals B Budget
Δ Variance
CFO's REPORT
January 31, 2019
REVENUES (TH): FY2019 B
Prorated
YTD 2019 B 2019 YTD A Δ $
F/(U)Δ%
Sales Tax:
1st Penny $6,818,600 $568,217 $605,016 $36,799 6.5%
75% 2nd Penny $5,162,830 $430,236 $459,812 $29,576 6.9%
25% 2nd Penny $1,704,650 $142,054 $145,204 $3,150 2.2%
3rd Penny $969,000 $80,750 $69,782 ($10,968) (13.6%)
BID (Pillow Tax) $400,000 $33,333 $16,668 ($16,665) (50.0%)
Total $15,055,080 $1,254,590 $1,296,481 $41,891 3.3%
Property Tax: $3,236,500 $269,708 $39,146 ($230,562) (85.5%)
Grand Total $18,291,580 $1,524,298 $1,335,627 ($188,671) (12.4%)
EXPENDITURES: FY2019 B
Prorated
YTD 2019 B 2019YTD A Δ $
(F)/U % Used
Mayor & Council $127,528 $10,627 $5,126 ($5,502)4.0%
City Clerk $319,051 $26,588 $49,735 $23,147 15.6%
City Manager $452,695 $37,725 $31,485 ($6,239)7.0%
City Attorney $108,919 $9,077 $7,890 ($1,187)7.2%
Human Resources $249,707 $20,809 $14,295 ($6,514)5.7%
Finance $482,004 $40,167 $35,543 ($4,624)7.4%
IT $256,409 $21,367 $11,179 ($10,189)4.4%
Government Buildings $184,346 $15,362 $0 ($15,362)0.0%
Community Development $504,644 $42,054 $34,389 ($7,664)6.8%
Engineering $530,946 $44,246 $34,405 ($9,840)6.5%
County Reimbursement $406,226 $33,852 $8,072 ($25,781)2.0%
Police Department $3,762,552 $313,546 $246,078 ($67,468)6.5%
Fire Department $680,793 $56,733 $75,618 $18,885 11.1%
Hydrant Rental $95,795 $7,983 $0 ($7,983)0.0%
Street Department $2,651,191 $220,933 $88,975 ($131,957)3.4%
Animal Control $144,888 $12,074 $6,780 ($5,294)4.7%
Dakota Nature Park $122,062 $10,172 $2,764 ($7,408)2.3%
Aquatic Center $476,230 $39,686 $5,248 ($34,438)1.1%
Recreation Department $353,350 $29,446 $13,237 ($16,209)3.7%
Parks Department $1,625,032 $135,419 $146,435 $11,016 9.0%
Ice Arena $666,388 $55,532 $30,566 ($24,967)4.6%
Forestry $643,259 $53,605 $130,482 $76,877 20.3%
Library $1,253,318 $104,443 $66,788 ($37,655)5.3%
Subsidies $636,200 $53,017 $261,783 $208,767 41.1%
Total $16,733,533 $1,394,461 $1,306,870 ($87,591)7.8%
CIP $11,702,204 $975,184 $134,865 ($840,319)1.2%
Grand Total $28,435,737 $2,369,645 $1,441,735 ($927,910)5.1%
A Actuals B Budget
Δ Variance
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 2019-0098,Version:1
Human Rights Commission update to the City Council.
Summary:
The following motion was made at the February 26, 2019 City Council Meeting: “A motion was made
by Council Member Wendell, seconded by Council Member Tilton Byrne, that the Human Rights
Commission provide a report to the City Council at the next meeting. The motion carried by the
following vote: Yes: 7 - Niemeyer, Hansen, Kidwiler, Wendell, Bacon, Tilton Byrne, and Corbett.”
Attachments:
HRC Annual Report
HRC 2019 Proposed Goals
City of Brookings Printed on 3/7/2019Page 1 of 1
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ANNUAL REPORT 2018
2018 BROOKINGS HUMAN RIGHTS COMMISSION
OVERVIEW
The mission of the Brookings Human Rights Commission (HRC) is to improve human relations in the
Brookings area by fighting discrimination through education and a complaint resolution procedure. The
Commission seeks to protect the rights of and prevent and eliminate bias and discrimination against
individuals or groups because of their sex, race, color, creed, religion, ancestry, disability, familial status,
national origin, age, marital status, ethnicity, sexual orientation, gender identity, or political affiliation,
with respect to employment, labor union membership, housing accommodations, property rights,
education, public accommodations or public services. The Commission promotes educational activities to
make Brookings an inclusive and welcoming community.
Commission members were Steve Bayer (chair), Maggie Ownes (vice-chair), Lawrence Novotny
(recorder), Laura Renee Chandler (resigned in May), George Hamer, Penny Hauffe, Hanna Holmquist,
Meaghan Irvine Miller (student representative through May then appointed to fill out Chandler’s term),
Wren Murphy (student representative appointed in September), Erinn Osborne Thomas, Shafiqur
Rahman (county representative), Kas Williams (non-voting SDSU liaison)
Budget of $4284 for regular operations plus $5000 for Community Common Read.
Key Projects
Description
COMPLAINT RESOLUTION – Employed a mediator to resolve a complaint
1 MARTIN LUTHER KING, JR CONTEST – Gave 6 prizes to winners in the essay contest and
7 prizes to winners in the poster contest; Posters displayed in downtown businesses
MEI SCORECARD – Submitted a scorecard with a score of 102 and received a perfect
score of 100; worked with the Human Rights Campaign to organize a public
announcement and reception
HUMAN RIGHTS AWARDS – Presented the Butler Human Rights Award to Al Branum;
presented the Youth and Ally Awards to Gail Klinker and Dan Berg
COMMON READ – The selected book was Wrecked by Maria Padian; organized a Take
Back The Night Walk on October 24 that had four stops with speakers
DIVERSITY POTLUCK – Spring potluck on April 15 featured the winners of the King essay
contest; October 21 potluck attended by 80 people and featured Lawrence Novotny
talking about the MEI score
3 BHRC INCLUSIVITY TEAM - Working with teachers in Brookings to bring inclusivity
programs to the schools; Ordered 240 more You Are Welcome Here signs which were
made available to the public
WORKFORCE ALLIANCE – Have a representative (Novotny) on the Brookings Economic
Development Corporation Workforce Alliance
STRATEGIC PLANNING - Participated in revising the city’s Master Plan and 2018-2023
Strategic Plan
ANNUAL REPORT 2018
Successes
Brookings was the first city in South Dakota
to be awarded a perfect 100 Municipal
Equality Index score by the Human Rights
Campaign (HRC) for LGBTQ inclusive
ordinances and policies. Staff from the HRC
came to Brookings to recognize this
accomplishment at a public reception on
October 10 that was attended by
approximately 180 people. The Brookings
Register, KSFY-TV, and KELO-TV covered the
event. HRC made a video of this
accomplishment, which can be found here:
https://www.youtube.com/watch?v=dMc-
ZhKdaBo&feature=youtu.be .
Challenges
A continued challenge is working within
confines of state law on some efforts
related to the MEI scorecard, but efforts by
the City Council and City staff have helped
overcome these challenges.
BHRC received the SDSU Honors College
Outstanding Community Partner
Award in February for our cooperation on
the Common Read Program.
Mayor Corbett signed onto the National
Coalition of Mayors Against LGBT
Discrimination.
We obtained a $750 private donation which
BHRC matched to purchase 240 You Are
Welcome Here signs.
The Human Rights Youth and Ally Awards
were created.
The photo above is from the October event
celebrating the announcement of the 100 MEI
score.
Looking Ahead
{FAIR HOUSING}
Partner with Disabilities Committee to review housing ordinances and provide training to renters and
landlords—especially regarding service animals. Update and translate Renters Rights brochure.
{COMPLAINT RESOLUTION}
Review the City discrimination complaint process, educate the public on the process, and train city staff
and HRC members as needed.
{OUTREACH}
Continue support of campus and community events, such as the Common Read. Renew efforts to
connect with the Brookings School System and members of the international community.
Human Rights Commission Goals for 2019
Proposed 2019 Goals (to be reviewed at 3/18 HRC Meeting)
1| Engage in education, outreach, and collaborations fostering respect for social equity, civil, and human
rights in Brookings.
1.1| Objective: Butler Human Rights Award
1.2| Objective: Dr. Martin Luther King Jr Awards
1.3| Objective: Diversity Potlucks
1.4| Objective: Diversity & Inclusion Training
1.5| Objective: Safe Zone Training
2| Maintain strategic HRC liaisons and engage in cooperative endeavors with the city, school district,
university, community, and advisory groups that support human rights and social equity.
2.1| Objective: Campus-Community Common Read
2.2| Objective: Brookings School District Liaison and Support
2.3| Objective: Support of Campus and Community Events
2.4| Objective: Outreach to International Population
2.5| Objective: Social Media Presence and Promotion
3| Encourage an environment of fairness and respect among citizens by promoting laws and policies that
elevate equality and protect human rights.
3.1| Objective: Explore Equity Lens/Plan for the City
3.2| Objective: Legislative Monitoring
3.3| Objective: Brookings Municipal Equality Index Score
3.4| Objective: Renters Rights Training and Education
4| Review the City’s discrimination complaint process and increase public awareness of the process.
4.1| Objective: Review Complaint Process Materials
4.2| Objective: Educate Public on Complaint Process
4.3| Objective: Secure and Train Mediators
4.4| Objective: Formalize City Intake Process for Complaints
4.5| Objective: Train HRC Members on Process
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 19-024,Version:1
Action on Resolution 19-024, a Resolution Awarding Bids on 2019-04STI, 22nd Avenue Phase I
Reconstruction Project.
Summary:
The 22nd Avenue Reconstruction Project is located between Minnesota Drive and Eastbrook Drive
and includes full reconstruction to widen the current roadway to have 5 11’-wide driving lanes, new
5’-wide concrete sidewalk on one side of the street, 8’-wide concrete shared-use path on the other
side of the street, replacement of underground utilities, traffic signal upgrades, and new street
lighting. The bid proposal included alternates for asphalt pavement and concrete pavement and
bidders were allowed to bid on either or both pavement options.
The City opened bids on Tuesday, March 5, 2019 and received 4 bids for the concrete pavement
option ranging from $2,835,903.50 to $3,423,919.45 and 2 bids for the asphalt pavement option of
$2,872,609.70 to $2,933,260.69.
Construction timeline: The contractor will start work as soon as frost and snow are clear from the
work area, which could be late April or early May. The substantial completion deadline for the project
is November 1, 2019 and the final completion deadline is November 29, 2019.
Recommendation:
Staff recommends awarding the project to Timmons Construction, Inc. for the total low bid of
$2,835,903.50 for Schedules A and B and Alternate A2 (Concrete Pavement).
Attachments:
City Council Memo
Recommendation letter
Resolution
Map
City of Brookings Printed on 3/7/2019Page 1 of 1
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City Council Agenda Memo
From:Jackie Lanning, City Engineer
Council Meeting:March 12, 2019
Subject:Action on Resolution 19-024, a Resolution Awarding Bids on
2019-04STI, 22nd Avenue Phase I Reconstruction Project
Person(s) Responsible: Jackie Lanning, City Engineer
Summary:
This resolution will approve awarding the 2019-04STI 22nd Avenue Phase I
Reconstruction Project to Timmons Construction, Inc., Brookings, SD, for the total low
bid of $2,835,903.50 for Schedules A and B and Alternate A2 (Concrete Pavement).
Background:
This project is the 22nd Avenue Reconstruction Project between Minnesota Drive and
Eastbrook Drive and includes full reconstruction to widen the current roadway to have 5-
11’-wide driving lanes, new 5’-wide concrete sidewalk on one side of the street, 8’-wide
concrete shared use path on the other side of the street, replacement of underground
utilities, traffic signal upgrades and new street lighting. The bid proposal included
alternates for asphalt pavement and concrete pavement and bidders were allowed to
bid on either or both pavement options. The project was designed by Civil Design Inc.
and the project deadline is November, 2019.
The City opened bids on Tuesday, March 5, 2019 at 1:30 pm at the City & County
Government Center and the following bids were received:
The City received very competitive bids for this project. The low bid for Schedules A
and B and Alternate A2 (Concrete Pavement) of $2,835,903.50 was approximately 14%
lower than the Engineer’s Estimate of $3,318,742.40.
Discussion:
2019-04STI Timmons Winter Brothers Bowes BX Civil and Complete Engineers
22nd Avenue Bid Results Construction Underground Inc Construction Construction Inc Concrete Inc. Estimate
Schedule A (Base Bid)$1,483,111.85 $1,629,952.40 $1,557,097.15 $1,580,599.30 $1,978,397.75 $1,642,756.50
Alt A1 (Asphalt Pvmt)No Bid $863,529.50 $856,359.88 No Bid No Bid $763,797.00
Alt A2 (Concrete Pvmt)$923,946.65 $1,201,665.50 No Bid $1,145,550.00 $1,013,120.90 $1,144,603.90
Schedule B (BMU)$428,845.00 $379,127.80 $519,803.66 $411,850.70 $432,400.80 $531,382.00
Totals:
Sched. A + B + Alt1 (Asp)No Bid $2,872,609.70 $2,933,260.69 No Bid No Bid $2,937,935.50
Sched. A + B + Alt 2 (Conc)$2,835,903.50 $3,210,745.70 No Bid $3,138,000.00 $3,423,919.45 $3,318,742.40
Staff and the consulting engineers discussed the pavement alternates. For this project,
the bids for the concrete pavement alternate were lower than the asphalt pavement
alternate. Therefore, the City is recommending the concrete pavement alternate.
Construction timeline: The contractor will start work as soon as frost and snow are clear
from the work area, which could be late April or early May. The substantial completion
deadline for the project is November 1, 2019 and the final completion deadline is
November 29, 2019.
Legal Consideration:
None.
Financial Consideration:
The City will enter into a contract with Timmons Construction, Inc. for the total low bid of
$2,835,903.50 for Schedules A and B and Alternate A2 (Concrete Pavement). The bids
fall within the project budget for the project which is $4,600,000 including engineering
and contingencies.
Options:
The City Council has the following options:
1. Approve as presented
2. Deny
Recommendation:
Staff recommends approval of the resolution as presented.
Action Requested:
Approval of the resolution to award the project to the low bidder.
Supporting Documentation:
1. Resolution
2. Map
Resolution 19-024
Resolution Awarding Bids on Project 2019-04STI
22nd Avenue Phase I Reconstruction Project
Whereas, the City of Brookings opened bids for Project 2019-04STI, 22nd Avenue
Phase I Reconstruction Project on Tuesday, March 5, 2019, at 1:30 pm at the Brookings
City & County Government Center; and
Whereas, the City of Brookings has received the following bids: Schedule A: Timmons
Construction, Inc.: $1,483,111.85; Winter Brothers Underground Inc.: $1,629,952.40;
Bowes Construction, Inc.: $1,557,097.15; BX Civil and Construction, Inc.:
$1,580,599.30; Complete Concrete Inc.: $1,978,397.75; Bid Alternate A1 (Asphalt
pavement): Timmons Construction, Inc.: No Bid; Winter Brothers Underground, Inc.:
$863,529.50; Bowes Construction, Inc.: $856,359.88; BX Civil and Construction, Inc.:
No bid; Complete Concrete Inc.: No bid; Bid Alternate A2 (PCC pavement): Timmons
Construction, Inc.: $923,946.65; Winter Brothers Underground, Inc.: $1,201,665.50;
Bowes Construction, Inc.: No bid; BX Civil and Construction, Inc.: $1,145,550.00;
Complete Concrete Inc.: $1,013,120.90; Bid Schedule B: Timmons Construction, Inc.:
$428,845.00; Winter Brothers Underground, Inc.: $379,127.80; Bowes Construction,
Inc.: $519,803.66; BX Civil and Construction, Inc.: $411,850.70 and Complete
Concrete, Inc.: $432,400.80.
Now Therefore, Be It Resolved that the low bid from Timmons Construction, Inc. of
$1,483,111.85 for Schedule A, $923,946.65 for Bid Alternate A2 (PCC Pavement) and
$428,845.00 for Schedule B for the total bid price of $2,835,903.50 be accepted.
Passed and approved this 12th day of March, 2019.
CITY OF BROOKINGS
________________________________
Keith W. Corbett, Mayor
ATTEST:
_________________________
Bonnie Foster, Acting City Clerk
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 19-028,Version:1
Action on Resolution 19-028, a Resolution Accepting a Gift of Real Property to the City of Brookings.
Summary:
BlairHill Properties, Inc. proposes to gift two parcels of real property to the City of Brookings for
purposes of additional right-of-way.
Background:
During the planning and development of the Valley View Subdivision, the developers platted two
small parcels as decorative islands at the entrance to the subdivision. The parcels (Lots 1 and 9,
Block 3, Valley View Addition) are located at the intersection of 20th Street South and Cumberland
Court, as well as 20th Street South and Rio Grand Avenue.
The City of Brookings is proposing to do reconstruction on 20th Street South whereby the street grade
will change, as well as widen the street. Cumberland Court and Rio Grand Avenue street grades will
be adjusted to match with 20th Street South. In order to accomplish matching street grades, the two
islands would need to be removed and rebuilt. During individual land owner meetings,
representatives from BlairHill Properties, Inc. indicated a willingness to gift the two small parcels to
the City of Brookings as additional right-of-way. The landowners adjacent to these islands were also
supportive of removing the islands and creating a turning lane.
Recommendation:
Staff recommends approval.
Attachments:
Memo
Resolution
Plat Map
BlairHill Properties, Inc. Map
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City Council Agenda Memo
From:Mike Struck, Community Development Director
Council Meeting:March 12, 2019
Subject:Accepting a Gift of Real Property
Person(s) Responsible: Mike Struck, Community Development Director
Summary:
BlairHill Properties, Inc. has agreed to gift two parcels of property to the City of
Brookings for public purposes as additional right-of-way for the 20th Street South
Reconstruction Project. Resolution No. 19-028 accepts the gift of real property from
BlairHill Properties, Inc. to the City of Brookings.
Background:
During the planning and development of the Valley View Subdivision, the developers
platted two small parcels as decorative islands at the entrance to the subdivision. The
parcels (Lot 1 and 9, Block 3, Valley View Addition) are located at the intersection of
20th Street South and Cumberland Court as well as 20th Street South and Rio Grand
Avenue.
The City of Brookings is proposing to do reconstruction on 20
th Street South whereby
the street grade will change, as well as widen the street. Cumberland Court and Rio
Grand Avenue street grades will be adjusted to match with 20th Street South. In order
to accomplish matching street grades, the two islands would need to be removed and
rebuilt. During individual land owner meetings, representatives from BlairHill Properties,
Inc. indicated a willingness to gift the two small parcels to the City of Brookings as
additional right-of-way. The landowners adjacent to these islands were also supportive
of removing the islands and creating a turning lane.
Discussion:
The islands will need to be removed during construction to match street grades. Cost
savings can be achieved by not rebuilding the islands. In addition, removal of the
islands assists in street maintenance operations.
Legal Consideration:
None.
Financial Consideration:
None.
Options:
The City Council has the following options:
1. Approve as presented
2. Approve with recommended adjustments
3. Deny
Recommendation:
Staff recommends approval of accepting the gift of real property.
Action Requested:
Approval of accepting the gift of real property from BlairHill Properties, Inc.
Supporting Documentation:
1. Resolution
2. Plat Map
3. BlairHills Properties, Inc. Gift Map
Resolution 19-028
A Resolution Accepting a Gift of Real Property
to the City of Brookings, South Dakota
Whereas, BlairHill Properties, Inc. desires to gift and convey real property to the City of
Brookings, South Dakota, to be used for public purposes and specifically to provide
additional right-of-way for the 20th Street South Street Project, said real property being
described as follows:
Lots One (1) and Nine (9) of Block Three (3) of Valley View Addition, City of
Brookings, County of Brookings, State of South Dakota, and
Whereas, the City Council recognizes the benefit the City will receive as a result of the
gift of this real property by BlairHill Properties, Inc.,
Now, Therefore, It Is Hereby Resolved by the City Council that the real property
described above is hereby accepted by the City of Brookings, South Dakota.
Passed and approved on the 12
th day of March, 2019.
CITY OF BROOKINGS
Keith W. Corbett, Mayor
ATTEST:
Bonnie Foster, Acting City Clerk
2 0 T H S T S
N A PA VA L L E Y S T
RIO GRAND AVECUMBERLAND CT21 4 S T
Lot 1 and 9, Block 3, Valley View Addition
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 2019-0092,Version:1
Action on Brookings County Detention Center Expansion Historical Review and request for Judicial
Determination.
Summary:
The Agenda item for the City Council is the determination of the next procedural step to complete the
City’s SDCL 1-19A-11.1 historical review (hereafter “11.1 Review”) and the determination of the
appropriate procedures to comply with SDCL 1-19A-11.1 concerning the Brookings County Detention
Center Expansion Project. To accomplish this step a judicial determination and retaining of outside
legal counsel is desired.
Recommendation:
It appears that reasonable efforts to resolve the impasse with the County of Brookings have been
fully pursued. In order for the City to determine that it has the authority to complete its 11.1 review,
and obtain a judicial determination which will be binding upon both parties, it would appear that legal
action will be required. The outcome remains uncertain because SDCL 1-19A-11.1 does not clearly
address whether a County can conduct an 11.1 review of its own project.
Attachments:
Memo
SDCL 1-19A-11.1
Preservation Vote
SD State Historical Society Opinion
Brookings County Commission Resolution 18-44
City of Brookings Printed on 3/7/2019Page 1 of 1
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City Council Agenda Memo
From:Steve Britzman, City Attorney
Council Meeting:March 5, 2019
Subject:Brookings County Detention Center Expansion Historical Review
and request for Judicial Determination
Person(s) Responsible: Steve Britzman, City Attorney
Summary:
The Agenda item for the City Council is the determination of the next procedural step to
complete the City’s SDCL 1-19A-11.1 historical review (hereafter “11.1 Review”) and the
determination of the appropriate procedures to comply with SDCL 1-19A-11.1 concerning the
Brookings County Detention Center Expansion Project. To accomplish this step a judicial
determination and retaining of outside legal counsel is desired.
Background:
The City of Brookings’ Historic Preservation Commission initiated and conducted an 11.1
review of the proposed Brookings County Detention Center Project Expansion Project, and on
July 31, 2018, submitted its Official comment to the South Dakota State Historical Society
pursuant to SDCL 1-19A-11.1. The South Dakota State Historical Society issued its
recommendation on August 29, 2018, and concluded that the proposed Brookings County
Detention Center Project does not meet the Secretary of the Interior’s Standards for the
Treatment of Historic Properties (see attached consultation report.) On November 6, 2018, the
County of Brookings completed its own 11.1 review and determined that there were no feasible
and prudent alternatives to the construction of the Brookings County Detention Center
Expansion in the manner and location as outlined in its project plans. The completion of
separate 11.1 reviews by both the City and the County does not appear to be contemplated by
SDCL 1-19A-11.1, and the City Council has not had an opportunity to complete its
determination under the 11.1 review procedure initiated by the City.
Discussion:
It is appropriate for the City Council to discuss and consider the necessary action required to
complete the City’s 11.1 review and resolve the procedural question of which entity, the City or
the County, or the Governor, should issue a determination to complete the 11.1 review in a
manner which is consistent with SDCL 1-19A-11.1. Because of the issues raised, it will likely
require a judicial determination of the correct 11.1 review procedure to be utilized.
Legal Consideration:
Legal action, involving retaining outside legal counsel, will likely be required to address the
issues discussed above.
Financial Consideration:
The City will bear the cost of litigation, which will likely take at least 100 hours of legal work,
and extend over a period of possibly a year or more.
Options:
The City Council has the following options:
1. Discuss and take no action;
2. Discuss and by motion authorize the retention of outside legal counsel to resolve the
issues raised;
3. Discuss and by motion determine other action or direct staff to take alternate action
without retention of legal counsel.
Recommendation:
It appears that reasonable efforts to resolve the impasse with the County of Brookings have been
fully pursued. In order for the City to determine that it has the authority to complete its 11.1
review, and obtain a judicial determination which will be binding upon both parties, it would
appear that legal action will be required. The outcome remains uncertain because SDCL 1-19A-
11.1 does not clearly address whether a County can conduct an 11.1 review of its own project.
Action Requested:
Authorize City staff to retain outside legal counsel to initiate litigation to determine whether the
City Council is authorized to complete its 11.1 review of the County’s Detention Center
Expansion project and whether the County can conduct an 11.1 review of its own project.
Supporting Documentation:
1. SDCL 1-19A-11.1.
2. Official comment of the Brookings Historic Preservation Commission dated July 31,
2018.
3. South Dakota State Historical Society Consultation letter dated August 29, 2018.
4. Brookings County Commission Resolution #18-44 dated November 6, 2018.
1-19A-11.1. Preservation of historic property--Procedures.The state or any
political subdivision of the state, or any instrumentality thereof, may not undertake any
project which will encroach upon, damage or destroy any historic property included in
the national register of historic places or the state register of historic places until the State
Historical Society has been given notice and an opportunity to investigate and comment
on the proposed project. The office may solicit the advice and recommendations of the
board with respect to such project and may direct that a public hearing be held thereon. If
the office determines that the proposed project will encroach upon, damage or destroy
any historic property which is included in the national register of historic places or the
state register of historic places or the environs of such property, the project may not
proceed until:
(1) The Governor, in the case of a project of the state or an instrumentality
thereof or the governing body of the political subdivision has made a written
determination, based upon the consideration of all relevant factors, that there is no
feasible and prudent alternative to the proposal and that the program includes all possible
planning to minimize harm to the historic property, resulting from such use; and
(2) Ten day's notice of the determination has been given, by certified mail, to
the State Historical Society. A complete record of factors considered shall be included
with such notice.
Any person aggrieved by the determination of the Governor or governing body
may appeal the decision pursuant to the provisions of chapter 1-26.
The failure of the office to initiate an investigation of any proposed project
within thirty days from the date of receipt of notice thereof is approval of the project.
Any project subject to a federal historic preservation review need not be
reviewed pursuant to this section.