HomeMy WebLinkAbout2016_11_08 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
Vision Statement: "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, November 8, 2016
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 EXECUTIVE SESSION
1.A.ID 2016-0724 Executive Session, pursuant to SDCL 1-25-2, for purposes of consulting
with legal counsel regarding proposed or pending litigation or
contractual matters and discussing marketing or pricing strategies by a
board or commission of a business owned by the state or any of its
political subdivisions, when public discussion may be harmful to the
competitive position of the business.
Action: Motion to Enter into Executive Session, Voice Vote
Action: Motion to Exit Executive Session, Voice Vote
6:00 PM REGULAR MEETING
1. Call to Order / Pledge of Allegiance.
2. Record of Council Attendance.
3. Consent Agenda:
Action: Motion to Approve, Request Public Comment, Roll Call
Matters appearing on the Consent Agenda are expected to be non-controversial and
will be acted upon by the Council at one time, without discussion, unless a member of
the Council or City Manager requests an opportunity to address any given item. Items
removed from the Consent Agenda will be discussed at the beginning of the formal
items. Approval by the Council of the Consent Agenda items means that the
recommendation of the City Manager is approved along with the terms and conditions
described in the agenda supporting documentation.
Page 1 City of Brookings
November 8, 2016City Council Meeting Agenda
3.A. Action to approve the agenda.
3.B.ID 2016-0686 Action to approve the September 20, October 11, and October 18 City
Council Minutes.
9/20/2016
10/11/2016
10/18/2016
Attachments:
3.C.ID 2016-0723 Action on annual Liquor and Wine Alcohol License Renewals for 2017.
3.D.RES 16-089 Action on Resolution 16-089, a Resolution to declare Police Vehicles as
surplus property.
ResolutionAttachments:
3.E.ID 2016-0722 Action on an amendment to the Civil Air Patrol, Inc. Lease Agreement.
Lease AmendmentAttachments:
3.F.RES 16-090 Action on Resolution 16-090, a Resolution awarding the contract for
2017-2018 Airport Hay Land Lease.
Resolution
Map
Attachments:
3.G.RES 16-092 Action on Resolution 16-092, a Resolution awarding the contract for City
Hay Land Lease for hay land located in Section 21-T110N-R50W.
Resolution
Map
Attachments:
3.H.RES 16-093 Action on Resolution 16-093, a Resolution awarding the contract for City
Crop Land Lease for crop land located in the Wiese and Freeland
Additions.
Resolution
Map
Attachments:
3.I.RES 16-094 Action on Resolution 16-094, a Resolution awarding the contract for City
Hay Land Lease for hay land located in Section 11-T109N-R50W.
Resolution
Map
Attachments:
3.J.RES 16-083 Action on Resolution 16-083, a Resolution authorizing the City Manager
to sign a Liquor Operating Agreement renewal for Ram & O’Hare’s Eng.
LLC, dba The Ram, Jerry and Tammy Young, owners, 327 Main Ave.,
legal description: East 121' of Lot 14, Block 3, Original Plat Addition.
Resolution
Operating Agreement
Attachments:
Page 2 City of Brookings
November 8, 2016City Council Meeting Agenda
3.K.RES 16-084 Action on Resolution 16-084, a Resolution authorizing the City Manager
to sign an On-Off Sale Wine Operating Agreement renewal for Schoon’s
Pump N’ Pak South, owner, Jon Schoon, 1203 Main Ave. So., legal
description: Outlot 8, NE 1/4, .66 acres, Section 35-110-50.
Resolution
Operating Agreement
Attachments:
3.L.Res 16-086 Action on Resolution 16-086, a Resolution authorizing the City Manager
to sign an On-Off Sale Wine Operating Agreement renewal for Aramark
/ McCrory Gardens Educational Visitors Center, at the corner of 6th
Street and 22nd Avenue, legal description: a portion of the SE ¼ of
Section 24-T110N-R50W (located on northwest corner of 6th Street and
22nd Avenue). See Exhibit Map A depicting interior and exterior spaces
licensed to serve and consume alcohol and Exhibit Map B depicting
facility in relationship to McCrory Gardens.
Resolution
Operating Agreement
Map
Attachments:
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 2016-0708 Recognition of City Finance Department for Distinguished Award.
6. Contracts/Change Orders:
7. Ordinance First Readings:
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.
7.A.ORD 16-024 Introduction and First Reading on Ordinance 16-024, an Ordinance
establishing the University Community Coalition (UCC) of the City of
Brookings, SD. Public Hearing: November 22, 2016.
Ordinance
Charter
Attachments:
Page 3 City of Brookings
November 8, 2016City Council Meeting Agenda
8. Public Hearings and Second Readings:
8.A.RES 16-085 Public Hearing and Action on Resolution 16-085, a Resolution approving
a Special Assessment for uncollected Mowing / Inspection fees.
Resolution
Billing
Attachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
8.B.ID 2016-0701 Public Hearing and Action on an Off-Sale Malt Beverage Alcohol
License for Optimal Success, Inc., DBA 1000 Degrees Pizzeria, Karl
Larsen, owner, 770 22nd Ave. So., Brookings, South Dakota, legal
description: Lot 2, Brookings Mall Addition.
Hearing NoticeAttachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
8.C.RES 16-088 Public Hearing and Action on Resolution 16-088, a Resolution
authorizing the City Manager to sign an On-Off Sale Wine Operating
Agreement for Optimal Success, Inc., DBA 1000 Degrees Pizzeria, Karl
Larsen, owner, 770 22nd Ave. So., Brookings, SD, legal description: Lot
2, Brookings Mall Addition.
Resolution
Hearing Notice
Operating Agreement - Wine
Attachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
8.D.ORD 16-022 Public Hearing and Action on Ordinance 16-022, an Ordinance
amending the Requirements for Campaign Financing Disclosures in the
City of Brookings, South Dakota.
Ordinance
Campaign Finance Guidelines
Attachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Legislative History
10/11/16 City Council read into the record
8.E.ORD 16-023 Public Hearing and Action on Ordinance 16-023, an Ordinance
establishing procedure for Revisions and Amendments to Ordinances
following First Readings.
Ordinance
City Attorney Memo
Attachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Legislative History
10/11/16 City Council read into the record
Page 4 City of Brookings
November 8, 2016City Council Meeting Agenda
9. Other Business:
9.A.ID 2016-0714 Action on a Preliminary Plat for Lots 1-59 in Block 1, Reserve Second
Addition (located south of 15th Street South and north of the
Windermere Point Addition in an R-3 District).
Planning Commission Minutes
Hearing Notice
Preliminary Plat
Exhibit 1
Exhibit 2
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
9.B.ID 2016-0713 Action on an Industrial I-1R District Site Plan for Lot 1, Block 7, Wiese
Addition (Medgene Labs; located along 32nd Avenue).
Planning Commission Minutes
Notice
Site Plan
Map
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
9.C.ID 2016-0667 Discussion and possible action on the legal process for acquiring
abandoned cemetery.
City Attorney MemoAttachments:
Action: Motion to Approve, Request Public Comment, Roll Call
9.D.ID 2016-0689 Discussion and possible action on Economic Development Tax Grant
Incentive Program and Application.
Resolution 15-011
Sales Tax Rebate Program
Sales Tax Grant Application Form
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
9.E.ID 2016-0711 Discussion and possible action on the Construction Budget for the
South Main Fire Station.
Artist Rendering
Site Plan
Floor Plan
Budget Summary
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
9.F.ID 2016-0706 Discussion and possible action on Residential Parking Permit Options
for Neighborhoods Around Campus.
Page 5 City of Brookings
November 8, 2016City Council Meeting Agenda
Residential Parking Zone Procedure
Potential Zone A
Potential Zone B
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
9.G.ID 2016-0677 Discussion and possible action on estimated costs for rehabilitation of
the old WPA Armory; Demolition & Re-Development.
Task Force Final Report
Concept 01 Budget
Concept 02 Budget
Asche Engineering Assessment
Chamber Letter
CVB Letter
Brookings Historic Preservation Commission Letter
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: Tim Reed, Mayor, Keith Corbett, Deputy Mayor & Council Member
Council Members Patty Bacon, Dan Hansen, Mary Kidwiler, Ope Niemeyer, and Nick Wendell
Council Staff:
Jeffrey W. Weldon, City Manager Steven Britzman, City Attorney Shari Thornes, 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 Shari Thornes, Brookings City
Clerk, at (605)692-6281 or sthornes@cityofbrookings.org. If you require additional assistance, alternative
formats, and/or accessible locations consistent with the Americans with Disabilities Act, please contact Shari
Thornes, City ADA Coordinator, at (605)692-6281 at least three working days prior to the meeting.
Page 6 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 2016-0724,Version:1
Executive Session, pursuant to SDCL 1-25-2, for purposes of consulting with legal counsel regarding
proposed or pending litigation or contractual matters and discussing marketing or pricing strategies
by a board or commission of a business owned by the state or any of its political subdivisions, when
public discussion may be harmful to the competitive position of the business.
1-25-2. Executive or closed meetings--Purposes--Authorization--Misdemeanor.
Executive or closed meetings may be held for the sole purposes of:
1) Discussing the qualifications, competence, performance, character or fitness of any
public officer or employee or prospective public officer or employee. The term “employee”
does not include any independent contractor;
2) Discussing the expulsion, suspension, discipline, assignment of or the
educational program of a student;
3) Consulting with legal counsel or reviewing communications from legal counsel about
proposed or pending litigation or contractual matters;
4) Preparing for contract negotiations or negotiating with employees or employee
representatives;
5) Discussing marketing or pricing strategies by a board or commission of a business
owned by the state or any of its political subdivisions, when public discussion may be
harmful to the competitive position of the business.
However, any official action concerning such matters shall be made at an open official meeting. An
executive or closed meeting shall be held only upon a majority vote of the members of such body
present and voting, and discussion during the closed meeting is restricted to the purpose specified in
the closure motion. Nothing in § 1-25-1 or this section may be construed to prevent an executive or
closed meeting if the federal or state Constitution or the federal or state statutes require or permit it.
A violation of this section is a Class 2 misdemeanor.
Source: SL 1965, ch 269; SL 1980, ch 24, § 10; SL 1987, ch 22, § 1.
City of Brookings Printed on 11/2/2016Page 1 of 1
powered by Legistar™
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 2016-0686,Version:1
Action to approve the September 20, October 11, and October 18 City Council Minutes.
Attachments:
September 20 Minutes
October 11 Minutes
October 18 Minutes
City of Brookings Printed on 11/2/2016Page 1 of 1
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Brookings City Council
September 20, 2016 (unapproved)
The Brookings City Council held a Study Session on Tuesday, September 20, 2016 at
5:00 p.m., at City Hall with the following members present: Mayor Tim Reed, Council
Members Keith Corbett, Nick Wendell, Dan Hansen, Mary Kidwiler, Patty Bacon, and
Ope Niemeyer (via phone until 6:50 p.m.). City Attorney Steve Britzman, City Manager
Jeffrey Weldon, and City Clerk Shari Thornes were also present.
Discussion on Residential Parking Permit Options for Neighborhoods around Campus
was removed from the agenda.
Discussion topics included an update from Brookings School District Superintendent
Klint Willert, Downtown Open Space Task Force Report, process to fill potential
vacancy in mayoral position, improving Police Recruitment and Retention, Community
Planning Process for an Indoor Recreational Facility, and City Council Ex-Officio
Reports.
A motion was made by Mayor Reed, seconded by Council Member Bacon, to change
the September 27th City Council meeting start time from 6:00 p.m. to 6:30 p.m. The
motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Reed,
Kidwiler, Bacon, and Wendell.
A motion was made by Mayor Reed, seconded by Council Member Corbett, instructing
the City Manager to obtain estimates for the cost of rehabilitation for reuse, cost of
remediation (asbestos, lead, mold) and stabilization (roof) for retention/reuse, cost of
remediation for demolition, overall demolition, the proposed park, and square footage of
the parking lots studied compared to the green space/parking to be created with the two
armory proposals and two park proposals. Once estimates are obtained, the Armory
issue would be scheduled for a public hearing and the City Council will decide how to
move forward. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer,
Hansen, Reed, Kidwiler, Bacon, and Wendell.
Adjourn. A motion was made by Council Member Corbett, seconded by Council
Member Hansen, to adjourn the meeting at 7:21 p.m. The motion carried by a
unanimous vote.
CITY OF BROOKINGS
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
Brookings City Council
October 11, 2016 (unapproved)
The Brookings City Council held a meeting on Tuesday, October 11, 2016 at 6:30 p.m.,
at City Hall with the following members present: Mayor Tim Reed, Council Members
Keith Corbett, Mary Kidwiler, Dan Hansen, Ope Niemeyer, Nick Wendell, and Patty
Bacon. City Manager Jeffrey Weldon, City Attorney Steve Britzman and City Clerk Shari
Thornes were also present.
Consent Agenda. A motion was made by Council Member Hansen, seconded by
Council Member Corbett, to approve the Consent Agenda. The motion carried by the
following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Reed, Kidwiler, Bacon, and
Wendell.
3.A. Action to approve the agenda.
3.B. Action to approve the September 13 and September 27 City Council Minutes.
3.C. Action on Resolution 16-076, a Resolution revising certain Fees of the city of
Brookings.
Resolution 16-076 - A Resolution Revising Fees
of the City of Brookings, South Dakota
Whereas the fines, fees, and procedures pertaining to services of the City of Brookings
shall be reviewed and revised; and
Whereas the License Fees have been established by various chapters of the Code of
Ordinances, the City Clerk license fees shall be revised; and
Whereas weed removal, grass mowed, and line clearance removal is required under
Section 62-90, of the Code of Ordinances, the Parks and Forestry Department Service
Fees shall be revised; and
Whereas street and sidewalk snow removal is required under Section 74-212, Article 5
of Chapter 74, of the Code of Ordinances, the Parks Department Service Fees shall be
revised; and
Whereas the Engineer Department Building Permit Fees required under Service Fees
shall be adopted, under Section 22-35, Article II of Chapter 22 of the Code of
Ordinances, shall be revised; and
Whereas Planning and Zoning Application Fees required under Section 66-3 of Chapter
66, of the Code of Ordinances, the Community Development Department Fees shall be
revised; and
Whereas the Application Fees for sign permits required under Chapter 94, of the Code
of Ordinances, the Community Development Departments Fees shall be revised; and
Whereas the Investigation Fee for violation of Code under Chapter 94, of the Code of
Ordinances, the Community Development Department Fees shall be revised; and
Whereas the Airport Board is recommending fees, the fees shall be revised; and
Whereas the Code of Ordinances under Section 34, requires inspections and plan
reviews by the Fire Department, and reports of fires are provided, the Fire Department
Fees shall be revised; and
Whereas the Police Department assign officers and cars to escort the moving of
structures within the City and provide accident reports the Police Departments Fee shall
be revised; and
Whereas the Library Board is recommending fees, the fees shall be revised; and
Whereas the Solid Waste Collections and Landfill Fees have been reviewed and
included herein; and
Whereas the standardized fee for black and white copies is $.50, color copies $1.00 for
all departments.
Therefore, Be It Resolved that the fees be adopted and become effective January 1,
2017 as follows:
City Clerk: Circuses, carnivals – each circus per day $75.00; each carnival or similar
exhibition, per day $25.00. Commercial Garbage Haulers – original license $50.00;
each annual renewal $25.00. House Movers – per year $50.00. Pawnbrokers – per
year $50.00. Plumbing Contractor – original license $50.00; each annual renewal
$25.00. Vehicles for Hire – first taxicab, or other vehicle for hire per year $25.00; each
additional vehicle operated by the same person per year $10.00. Vehicle for hire
drivers per year $15.00. Transportation Network Company – original license $250.00;
license new drivers $25.00; each annual renewal $15.00. Food Truck – per year
$75.00. Transient Merchants – per month or part thereof $100.00. DVD or CD - $5.00
per disk.
Parks & Forestry Department: Weed Control, plus contractor cost, $65.00. Mowing –
1st hour $150.00; each additional hour or fraction $85.00; each additional hour large
area $125.00. Sidewalk Snow Removal 1st Offense – per hour per piece of equipment,
1-hour minimum $125.00. Sidewalk Snow Removal 2nd Offense – per hour per piece of
equipment, 1-hour minimum $175.00. DED Removal / BMU Line Clearance: Aerial
Bucket plus employee wage $150.00; Loader plus employee wage $125.00; Trucks plus
employee wage $85.00; Chipper plus employee wage $85.00; Chainsaw / Misc.
Equipment plus employee wage $65.00.
Brookings Street Department: Sign Repairs (traffic accidents, vandalism) –
replacement cost, plus labor, sales tax and excise tax. Street Repairs – replacement
cost for materials.
Brookings City Engineer’s Department: Residential Building Permit Fees: The base
valuation to determine permit fees for residential buildings and additions are based on a
dollar per square foot schedule per the following. The bid price must be quoted for
renovations or remodels. Dwellings: Single-family dwellings, duplexes townhouses.
Finished habitable space per square foot $70.00; Finished basements per square foot
$30.00; Unfinished space (basement and upper levels) per square foot $18.00;
Attached garages per square foot $20.00; Detached garages per square foot $18.00.
Building Permit Fee Schedule – Group R-3 and U Occupancies Only. $1.00-$1,200.00
total valuation, fee of $20.00; $1,200.01-$2,000.00 total valuation, fee of $10.00 for the
first $500 plus $1.50 for each additional $100 or fraction thereof, to and including
$2,000, for valuations in excess of $1,100; $2,000.01-$25,000.00 total valuation, fee of
$32.50 for the first $2,000 plus $6.00 for each additional $1,000 or fraction thereof, to
and including $25,000; $25,000.01-$50,000.00 total valuation, fee of $170.50 for the
first $25,000 plus $4.50 for each additional $1,000 or fraction thereof, to and including
$50,000; $50,000.01-$100,000.00 total valuation, fee of $283.00 for the first $50,000
plus $3.00 for each additional $1,000 or fraction thereof, to and including $100,000;
$100,000.01 and up total valuation, fee of $433.00 for the first $100,000 plus $2.50 for
each additional $1,000 or fraction thereof. Commercial Building Permit Fee Schedule:
Groups A, B, E, F, H, I, M, S, Group R Division 1’s and Division 2’s (including Group U’s
accessory to the R-1 and R-2 occupancies). $1-$700.00 total valuation, fee of $20.00;
$700.01-$2,000.00 total valuation, fee for values in excess of $700.00, $15.00 for the
first $500.00, plus $2.00 for each additional $100.00 or fraction thereof, to and including
$2,000.00; $2,000.01-$25,000 total valuation, fee of $45.00 for the first $2,000 plus
$9.00 for each additional $1,000 or fraction thereof, to and including $25,000;
$25,000.01-$50,000.00 total valuation, fee of $252.00 for the first $25,000 plus $6.50 for
each additional $1,000 or fraction thereof, to and including $50,000; $50,000.01-
$100,000.00 total valuation, fee of $414.50 for the first $50,000 plus $4.50 for each
additional $1,000 or fraction thereof, to and including $100,000; $100,000.01-
$500,000.00 total valuation, fee of $639.50 for the first $100,000 plus $3.50 for each
additional $1,000 or fraction thereof, to and including $500,000.00; $500,000.01-
$1,000,000.00 total valuation, fee of $2,039.50 for the first $500,000 plus $3.00 for each
additional $1,000 or fraction thereof, to and including $1,000,000.00; $1,000,000.00 and
up total valuation, fee of $3,539.50 for the first $1,000,000 plus $2.00 for each additional
$1,000 or fraction thereof. Other Inspections and Fees: Inspections outside normal
business hours, per hour (minimum charge of one hour) $50.00; Inspection for which no
fee is specifically indicated per hour (minimum charge of ½ hour) $50.00; Re-inspection
fees assessed under provisions of Section R108 IRC and 108 IBC per hour $50.00;
Driveway, demolition, window replacement and other minor construction per permit
$25.00; Moving Fee – dwelling originally constructed on-site and previously occupied
$200.00. Moving Fee – accessory building, mobile home, modular home, manufactured
home $50.00
Brookings Community Development Department. Planning and Zoning: Change of
Zone $250.00; Planned Development District $250.00; Final Development Plan
$100.00; Major Amendment $250.00; Minor Amendment $100.00; Board of Adjustment
$125.00; Preliminary Plats plus $1.00/lot over 20 lots or $1.00/acre over 1 acre $175.00;
Final Plats $160.00; Vacation $150.00; 1-1R Site Plan $150.00; Conditional Use
$200.00; Zoning & Use Registration Permit $60.00; Rental License – per structure plus
$2.00 for each dwelling unit $20.00; Tax Increment Financing Application $1,000.00.
Permanent Signs: (measurements are done in square foot) from 0’ to less than 30’,
$25.00; from 30’ to less than 60’, $30.00; from 60’ to less than 90’, $35.00; from 90’ to
less than 120’, $40.00; from 120’ to less than 150’, $45.00; from 150’ to less than 180’,
$50.00; from 180’ to less than 210’, $55.00; from 210’ to less than 240’, $60.00; from
240’ to less than 270’, $65.00; from 270’ to less than 300’, $70.00; from 300’ to less
than 330’, $75.00; from 330’ to less than 360’, $80.00; from 360’ to less than 390’,
$85.00; from 390’ to less than 420’, $90.00; from 420’ to less than 450’, $95.00; from
450’ to less than 480’, $100.00; from 480’ to less than 510’, $105.00; from 510’ to less
than 540’, $110.00; from 540’ or more, $115.00; non-permanent signs, $15.00; portable
signs, per week, $15.00; portable signs, per month (Maximum permit period shall not
carry over from one permit period to the next.), $45.00; Banner signs, exempt.
Code Enforcement: Code Enforcement Investigation per hour (1 hour minimum),
$45.00
Industrial Lands: Crop Land Lease, based on bid.
Airport Fees: Land Lease per square foot, $.12; FBO Fuel Flowage per gallon, $0.06;
Other Fuel Flowage per gallon, $0.06; Crop Land Lease, based on bid; Tie Down Fee,
per week for tie downs 11 days or longer from April 14 to October 14, $25.00; Hangar
Application Fee, $25.00.
Brookings City Fire Department: Fire Protection Systems Fees: Fire Sprinkler
Systems, $75.00 plus $.45 per sprinkler head; Retrofitted Fire Sprinkler Systems,
$75.00 plus $.45 per sprinkler head; Kitchen Hood Extinguishing Systems, $90.00;
Kitchen Hood Extinguishing System Modification, $45.00; Clean Agent or other total
Flooding System per square foot of covered area, $.20; Fire Alarm Systems, $75.00
plus $.45 each initiation and signaling device; Fire Alarm System Modifications, $37.50
plus $.45 each initiation and signaling device; False Fire Alarm Calls when trucks roll,
$0.00 first call, $50.00 second call, $100.00 third call. Flammable and Combustible
Liquids Fees: Flammable and Combustible Liquids, $90.00; Flammable and
Combustible Liquids Modifications, $45.00. Site Plan Review: Site Plan Review per
hour (one hour minimum), $45.00; Inspections outside of normal business hours, per
hour (two hour minimum), $45.00; Re-inspection, per hour (one hour minimum), $45.00;
Fire Incident Reports, $10.00.
Library Fees: Out of County Library Card – per individual, $35.00; per family, $45.00;
Fax, sent or received, per page, $2.25; Fines, per day books, $.10; Fines, per day
DVD/VHS, $1.00; Process Fee, lost material, per item, $5.00.
Police Department Fees: Moving of Structure - per unit (officer and patrol car), 2 hour
minimum per unit, $50.00; Accident Reports – per report, $5.00; per picture, $4.00.
City of Brookings Solid Waste Department: Collection Fees – Residential Rate $17.50
monthly plus tax; additional carts $3.50 monthly plus tax. Yard Waste – special bag
$.85 per bag. Commercial Charges 5 carts $35.00 monthly plus sales tax; additional
carts $3.50 monthly plus sales tax; Dumpster Charges – twice week pick up; 1.5 cubic
yard container $90.00 monthly plus sales tax; 2.0 cubic yard container $115.00 monthly
plus sales tax; 3.0 cubic yard container $140.00 monthly plus sales tax; 4.0 cubic yard
container $165.00 monthly plus sales tax; 5.0 cubic yard container $190.00 monthly
plus sales tax; 6.0 cubic yard container $217.00 monthly plus sales tax; 7.0 cubic yard
container $243.00 monthly plus sales tax; 8.0 cubic yard container $268.00 monthly
plus sales tax. Dumpster Charges – additional pick up; 1.5 cubic yard container $29.00
plus sales tax; 2.0 cubic yard container $35.00 plus sales tax; 3.0 cubic yard container
$47.00 plus sales tax; 4.0 cubic yard container $58.00 plus sales tax. Landfill Fees
(per ton) – 240 pound material minimum $5.00 plus sales tax and $1.00 per ton state
fee; commercial $43.00 plus sales tax and $1.00 per ton state fee;
compost/leaves/grass $43.00 plus sales tax and $1.00 per ton state fee; demolition
$43.00 plus sales tax and $1.00 per ton state fee; demolition $43.00 plus sales tax and
$1.00 per ton state fee; domestic $43.00 plus sales tax and $1.00 per ton state fee;
industrial $43.00 plus sales tax and $1.00 per ton state fee; metal $43.00 plus sales tax
and $1.00 per ton state fee; asbestos (region only) $43.00 plus sales tax and $1.00 per
ton state fee. Landfill Fees (per ton) - 500 pound material minimum $5.00 plus sales tax;
fill $21.00 per ton plus sales tax; lumber $21.00 per ton plus sales tax; roofing and
siding $21.00 per ton plus sales tax; concrete $21.00 per ton plus sales tax; trees
$21.00 per ton plus sales tax; contaminated soil $11.00 per ton plus sales tax. Landfill
Fees – asbestos (accepted in region only) $7.50 per bag plus sales tax; refrigerators/air
conditioners $12.00 per item plus sales tax; mobile homes $135.00 each plus sales tax.
Tires – ATV tire $2.00 each plus sales tax; car tire $3.00 each plus sales tax; pickup tire
$5.00 each plus sales tax; tire on rim $6.00 each plus sales tax; truck tire $11.00 each
plus sales tax; tractor tire $30.00 each plus sales tax.
First District Assoc. of Local Governments. Todd Kays, Executive Director, provided
an update to the Mayor and City Council.
Resolution 16-082. A motion was made by Council Member Kidwiler, seconded by
Council Member Hansen, that Resolution 16-082, a Resolution Awarding the Contract
for Swiftel Center Finishes Updates Project, be approved. The motion carried by the
following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Reed, Kidwiler, Bacon, and
Wendell.
Resolution 16-082 - Resolution Awarding Bid for Swiftel Center Finishes Update
Whereas, the City of Brookings has received five bids on October 4, 2016 at 1:30 pm for
Swiftel Center Finishes updates; and
Whereas, the City of Brookings is looking to award the base tile, base concrete and
alternate #T1. The following three companies provided complete bids for those items;
Clark Drew Construction with a combined bid of $171,122.00, and 24 work days
needed; Sunkota with a combined bid of $265,400.00, and 46 work days needed; and
ICS with a combined bid of $324,725.00, and 45 work days needed.
Now, Therefore, Be It Resolved that the low bid from Clark Drew Construction in the
amount of $171,122.00 to accepted.
FIRST READING: Ordinance 16-022. Introduction and First Reading on Ordinance 16-
022, an Ordinance amending the Requirements for Campaign Financing Disclosures in
the City of Brookings, South Dakota. Public Hearing: November 8, 2016.
FIRST READING: Ordinance 16-023. Introduction and First Reading on Ordinance 16-
023, an Ordinance establishing procedure for Revisions and Amendments to
Ordinances following First Readings. Public Hearing: November 8, 2016.
Temporary Alcohol Application. A public hearing was held on a temporary alcohol
application to operate within the City of Brookings, South Dakota, for Cinema 8 State
Theatre Company, Dick Peterson, owner, 219 6th Street, Brookings, South Dakota, for
a Cinema 8 VIP Guest Gala on November 3, 2016. A motion was made by Council
Member Corbett, seconded by Council Member Wendell, that the Temporary Alcohol
Application be approved. The motion carried by the following vote: Yes: 7 - Corbett,
Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell.
Ordinance 16-020. A public hearing was held on Ordinance 16-020, an Ordinance
authorizing Supplemental Appropriation #2 to the 2016 Budget. A motion was made by
Council Member Hansen, seconded by Council Member Corbett, that Ordinance
16-020 be approved. The motion carried by the following vote: Yes: 7 - Corbett,
Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell.
Ordinance 16-021. A public hearing was held on Ordinance 16-021, an Ordinance to
Rezone a portion of Section 19-T110-R49W (as referenced on approved Wilbert Square
Addition Preliminary Plat dated November 24, 2015 as Lots 1-3, Block 1, Wilbert Square
Addition), from a Highway Business B-4 District to a Planned Development District. A
motion was made by Council Member Niemeyer, seconded by Council Member Corbett,
that Ordinance 16-021 be approved. The motion carried by the following vote: Yes: 7 -
Corbett, Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell.
Initial Development Plan. A motion was made by Council Member Niemeyer,
seconded by Council Member Kidwiler, that an Initial Development Plan for a Portion of
Section 19-T110N-R49W as referenced on the approved Wilbert Square Addition
Preliminary Plat dated November 24, 2015 as Lots 1-3, Block 1, Wilbert Square
Addition, be approved. The motion carried by the following vote: Yes: 7 - Corbett,
Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell.
Adjourn. A motion was made by Council Member Corbett, seconded by Council
Member Wendell, to adjourn the meeting at 7:08 p.m. The motion carried by a
unanimous vote.
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
Brookings City Council
October 18, 2016 (unapproved)
The Brookings City Council held a Study Session on Tuesday, October 18, 2016 at 5:00
p.m., at City Hall with the following members present: Mayor Tim Reed, Council
Members Keith Corbett, Nick Wendell, Dan Hansen, Mary Kidwiler, Patty Bacon, and
Ope Niemeyer. City Attorney Steve Britzman, City Manager Jeffrey Weldon, and City
Clerk Shari Thornes were also present.
The Study Session was dedicated to Mental Health Awareness Issues. Speakers
included: Sylvia Buboltz, District Supervisor for SD Division of Rehabilitation Services,
Jason Merkley, Chief Executive Office for Brookings Health System, Karen Weber,
Medical Surgical and Emergency Dept. Director for Brookings Health System, Mary
Beth Fishback, Public Health Program Coordinator at South Dakota State University,
and Brookings Police Chief Jeff Miller. Other topics included City Council Ex-Officio
Reports.
Adjourn. A motion was made by Council Member Hansen, seconded by Council
Member Wendell, to adjourn the meeting at 7:40 p.m. The motion carried by a
unanimous vote.
CITY OF BROOKINGS
ATTEST: Tim Reed, Mayor
Shari Thornes, 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 2016-0723,Version:1
Action on annual Liquor and Wine Alcohol License Renewals for 2017.
Summary:
Enclosed for City Council review and action are the Annual On-Sale Liquor and Wine License
renewals for 2017. Public hearings are no longer required for annual renewals. All required
documentation has been submitted.
Liquor (Off-Sale):
1.Brookings Municipal Liquor Store, 780 22nd Ave. So.
Liquor (On-Sale):
1.Fireside Restaurant / Dakota Ram Inc., 2515 E. 6th St. (CL)
2.Park Hospitality, Inc., 2500 6th St. (CL)
3.Applebee’s / Porter Apple Co. B Inc., 3001 LeFevre Dr.
4.Buffalo Wild Wings Bar & Grill / W&P of Brookings, LLC, 1721 6 th St.
5.CRAFT / Midwest Fresh Concepts, LLC, 610 Medary Ave.
6.Cubby’s Sports Bar & Grill / GDT Inc., 307 Main Ave.
7.Danny’s / David Olson Inc., 703 Main Ave. So.
8.Elks Brookings Lodge #1490, 516 4th St.
9.Jim’s Tap / Urquhart Ent., Inc., 309 Main Ave.
10.9 Bar Nightclub / Nine Inc., 303 Main Ave.
11.Old Market Eatery / The Lee Group, 424 5th St. (legal description change)
12.Pheasant Restaurant & Lounge / RGO, Inc., 726 Main Ave. So.
13.Pints & Quarts / B&L Sullivan, Inc., 313 Main Ave.
14.Prairie Lanes Inc., 722 Western Ave.
15.The Ram / Ram & O’Hare’s Ent., LLC, 327 Main Ave.
16.Ray’s Corner / Fergen Enterprises Inc., 401 Main Ave.
17.Skinner’s Pub Inc., 300 Main Ave.
18.Sully’s Irish Pub/B&L Sullivan Inc., 421 Main Ave.
19.VFW GEO Dokken Post 2118, 520 Main Ave.
20.The Wild Hare / Wonder, Inc., 303 3rd St.
Restaurant (On-Sale):
1.Whiskey Creek Wood Fire Grill / Brookings Steak Co. LLC, 621 32nd Ave.
Wine (On-Off Sale):
1.Aramark/McCrory Gardens Visitors Center, 6th St. & 22nd Ave.
2.Brookings Municipal Liquor Store, 780 22nd Ave. So.
3.Children’s Museum of South Dakota, 521 4th St.
4.CRAFT / Midwest Fresh Concepts, LLC, 610 Medary Ave.
5.The Depot / ERL, LLC, 919 20th St. So.
6.The Dixie, 1300 Main Ave. So.
7.Guadalajara Mexican Restaurant, 1715 6th St., Suite F
8.Hy-Vee Food Store / Hy-Vee, Inc., 700 22nd Ave.
nd
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File #:ID 2016-0723,Version:1
9.KRAVE, Inc., 1040 22nd Ave. So.
10.New Sake, Inc., 724 22nd Ave. So.
11.Old Sanctuary / Old Sanctuary Assoc., LLC, 928 4th St.
12.Pheasant Restaurant & Lounge / RGO, Inc., 726 Main Ave. So.
13.Schoon’s Pump N’ Pak So. / Schoon Properties, Inc., 1205 Main Ave. So.
14.Skinner’s Pub Inc., 300 Main Ave.
15.Swiftel Center, 824 32nd Ave.
16.Wal-Mart Supercenter #1538 / Wal-Mart Stores, Inc., 2233 6 th St.
17.Zip Trip #63 / CHS, Inc., 1005 6th St.
18.Zip Trip #64 / CHS, Inc., 3045 LeFevre Dr.
Recommendation:
Staff recommends approval.
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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 16-089,Version:2
Action on Resolution 16-089, a Resolution to declare Police Vehicles as surplus property.
Summary:
The Brookings Police Department is requesting to surplus two marked police vehicles as a part of
routine replacement that has occurred this year. These vehicles have met the 100,000-mile service
requirement and are ready to be sold.
Background:
The following vehicles that are ready for surplus are two 2014 Ford Explorers. These are marked
units that have already been replaced according to the life expectancy requirement this year.
6-2A 2014 Ford Explorer 127,000 VIN 1FM5K8AR0EGA70720
6-2D 2014 Ford Explorer 108,000 VIN 1FM5K8AR0EGB74338
Recommendation:
Staff recommends approval.
Attachments:
Resolution
City of Brookings Printed on 11/2/2016Page 1 of 1
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Resolution 16-089
Resolution for the Surplus of Police Vehicles
Whereas, the city of Brookings is the owner of the following described equipment
formerly used at the City of Brookings Police Department: two 2014 Ford Explorers.
Whereas in the best financial interest, it is the desire of the City of Brookings to sell
same as surplus property; and
Whereas, the City Manager hereby authorized to sell said surplus property.
Now, Therefore, Be It Resolved by the governing body of the City of Brookings,
South Dakota, that this property be declared surplus property according to SDCL
Chapter 6-13.
Passed and approved this 8th day of November, 2016.
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, 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 2016-0722,Version:1
Action on an amendment to the Civil Air Patrol, Inc. Lease Agreement.
Summary:
This will authorize the City of Brookings to approve an amendment to the lease agreement with Civil
Air Patrol, Inc.
Background:
Organization: The Civil Air Patrol is an affiliate of the “SD Civil Air Patrol Wing.” Their mission is to
provide Cadet programs for leadership, aerospace education to interested students, and emergency
services. There are 550 Civil Air Patrol aircraft nationwide and 6 of the planes are in South Dakota.
The plane is owned by the Air Force and the Wing Group provides funding for the hangar for the
plane and fuel for some missions. The Brookings Civil Air Patrol has18 members (4 “senior”
members who are over 21 years old, and 14 students between the ages of 12 and 18). They meet
weekly with the students for education and leadership, and they hold other events such as search
and rescue, training, annual conference, etc.
Funding: The Civil Air Patrol, Inc. has a 5-year lease agreement for 2015-2019 to lease
approximately 1,040 square feet of the Brookings Airport Terminal. The City owns the airport terminal
building which had been vacant since commercial air service was discontinued. The original lease
rate for 2016 was $175.53 per month plus ½ of the utilities.
The City Council adopted a reduced lease rate of $75.00 per month for 2016 per the Civil Air Patrol’s
request due to limited funding, which would be reviewed at the end of 2016. The local Civil Air Patrol
Group pays for their own building rent, utilities, and fuel. Their annual operating budget is
approximately $3,000, which is raised with fund raisers such as washing planes, bussing tables at
Pizza Ranch, etc. They do pay rent for the hangar for the plane at Pheasant’s Fury and purchase
gas, both of which benefit the airport.
The FAA Airport Compliance Manual, Order 5190-6B, Chapter 17, on Self-sustainability, provides an
exception for Not-for-Profit Aviation Organizations, which is as follows:
“17.16. Exception for Not-for-Profit Aviation Organizations. Reduced Rent. A sponsor may charge
reduced rental rates to aviation museums and aeronautical secondary and post secondary education
programs conducted by accredited education institutions to the extent that civil aviation receives
reasonable tangible or intangible benefits from such use. A sponsor may also charge reduced rental
rates to Civil Air Patrol units operating aircraft at the airport.”
Proposal: The City is proposing a rental lease rate of $77.25 per month plus half utilities for 2017 for
the current leased square footage, which is a 3% increase from the 2016 rate. The City would get an
update on their financial situation in late 2017 to discuss the lease rate for 2018.
Fiscal Impact:
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File #:ID 2016-0722,Version:1
The airport budget will receive revenue of $77.25 per month plus half of the utility costs for 2017.
Recommendation:
Staff recommends approval.
Attachments:
Lease Amendment
City of Brookings Printed on 11/3/2016Page 2 of 2
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ADDENDUM TO CIVIL AIR PATROL, INC. AIRPORT
TERMINAL LEASE AGREEMENT
_________________
THIS ADDENDUM TO AGREEMENT WITH CIVIL AIR PATROL, INC. is made and
entered into by and between the City of Brookings, South Dakota, a municipal
corporation, Lessor, hereinafter referred to as "City", and Civil Air Patrol, Inc. hereinafter
referred to as "Lessee." This addendum is intended to amend the current lease
agreement with Civil Air Patrol dated January 27, 2015, with all other terms of the Lease
Agreement to remain in full force and effect.
FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS, CONDITIONS AND
PROMISES, THE PARTIES DO HEREBY AGREE THAT THE FOLLOWING
SECTIONS OF THE LEASE AGREEMENT DATED JANUARY 27, 2015 ARE
AMENDED AS FOLLOWS:
1. Article VII: Rental Space in the Terminal Building/Rent Payable
Commencing on January 1, 2017 through December 31, 2017, the monthly rental
installment shall be $77.25 per month, said sum to be billed and payable on or by the
first working day of each month and is late if paid after the 10
th day of the month. This
Agreement shall be in full force and effect from the date of approval by both parties and
ending December 31, 2017, unless sooner terminated or extended as provided in the
lease. Lessee understands that this Lease is subject to early termination if the City of
Brookings agrees to permit a commercial service, airline, operator or other purpose for
the terminal building.
2. Remaining Sections of Lease shall Continue Unmodified.
All other Articles of the Lease Agreement between the parties dated January 27, 2015
shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this 8
th
day of November, 2016.
CITY OF BROOKINGS
________________________________
ATTEST: Jeffrey W. Weldon, City Manager
_____________________________
Shari Thornes, City Clerk
CIVIL AIR PATROL, INC.
By: ________________________________
Its:_________________________________
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 16-090,Version:1
Action on Resolution 16-090, a Resolution awarding the contract for 2017-2018 Airport Hay Land
Lease.
Summary:
This resolution will award bids for the 2017-2018 Airport Hay Land Lease.
Background:
The City has approximately 315 acres of property at the Brookings Regional Airport in Sections 26,
27 and 28, T110N, R50W available for the lease. The City advertised for a two-year lease. A bid
letting was held at 1:30 p.m. on Tuesday, November 1, 2016, and received the following bids:
·Brian Fett, Dell Rapids SD $78.10 per acre
·David Rochel, Aurora SD $46.50 per acre
·Jason Voss, Brookings SD $40.00 per acre
Brian Fett submitted the highest bid of $78.10 per acre; the previous lease rate was $75.00 per acre
for the 2015 and 2016 crop years. Following approval of this resolution to award the bids, the City
will hold a public hearing with intent to lease to a private person at the November 22, 2016 City
Council meeting.
Fiscal Impact:
The City will receive $24,601.50 in revenue in 2017 and 2018.
Recommendation:
Staff recommends approval.
Attachments:
Resolution
Map
City of Brookings Printed on 11/3/2016Page 1 of 1
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Resolution 16-090
Resolution Awarding Bids on Airport Hay Land Lease
Whereas, the City of Brookings opened bids to lease approximately 315 acres of Airport
Hay Land at the Brookings Regional Airport located in Sections 26, 27 and 28, T110,
R50W, on Tuesday, November 1, 2016 at 1:30 PM at the Brookings City & County
Government Center; and
Whereas, the City of Brookings received the following bids for Airport Hay Land Lease:
Brian Fett, Dell Rapids, SD - $78.10 per acre, David Rochel, Aurora, SD - $46.50 per
acre and Jason Voss, Brookings, SD - $40.00 per acre.
Now Therefore, Be It Resolved that the high bid of Brian Fett, Dell Rapids, SD for
$78.10 per acre be accepted.
Passed and approved this 8th day of November, 2016.
CITY OF BROOKINGS
________________________________
Tim Reed, Mayor
ATTEST:
_________________________
Shari Thornes, 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 16-092,Version:1
Action on Resolution 16-092, a Resolution awarding the contract for City Hay Land Lease for hay
land located in Section 21-T110N-R50W.
Summary:
This resolution will award bids for the 2017-2018 City Hay Land Lease in Section 21-T110N-R50W to
David Rochel.
Background:
The City owns a 92-acre parcel of property located in Section 21-T110N-R50W, which is west of the
Brookings Regional Airport (previously owned by the Nichols family). Approximately 60 acres of this
parcel is available for lease; the west 32 acres of the parcel is reserved as CRP property and will not
be leased. The City advertised for bids for a two-year lease. A bid letting was held at 1:30 p.m. on
Tuesday, November 1, 2016, and received the following bids:
·David Rochel, Aurora, SD $108.50 per acre
·Brian Fett, Dell Rapids, SD $98.00 per acre
·Daniel Bauer, Elkton, SD $85.50 per acre
·Jason Voss, Brookings, SD $50.00 per acre
David Rochel of Brookings, SD submitted the highest bid of $108.50 per acre. Following approval of
this resolution to award the bids, the City will hold a public hearing with intent to lease to a private
person at the November 22, 2016 City Council meeting.
Fiscal Impact:
The City will receive $6,510.00 in revenue in 2017 and 2018.
Recommendation:
Staff recommends approval.
Attachments:
Resolution
Map
City of Brookings Printed on 11/3/2016Page 1 of 1
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Resolution 16-092
Resolution Awarding Bids on City Hay Lease in Section 21-T110N-R50W
Whereas, the City of Brookings opened bids for approximately 60 acres of City Hay
Land for the City-owned parcel located in Section 21-T110-R50W on Tuesday,
November 1, 2016 at 1:30 PM at the Brookings City & County Government Center; and
Whereas, the City of Brookings has received the following bids for City Hay Lease:
David Rochel, Aurora, SD - $108.50 per acre; Brian Fett, Dell Rapids, SD - $98.00 per
acre; Daniel Bauer, Elkton, SD - $85.50 per acre; Jason Voss, Brookings, SD - $50.00
per acre.
Now Therefore, Be It Resolved that the high bid of $108.50 per acre from David Rochel,
Brookings, SD be accepted.
Passed and approved this 8
th day of November, 2016.
CITY OF BROOKINGS
________________________________
Tim Reed, Mayor
ATTEST:
_________________________
Shari Thornes, City Clerk
CRP
212TH ST 469TH AVE 468TH AVE DM&
E
R
A
I
L
R
O
A
D
HAY LEASE AREA-60 ACRES
CITY HAY LEASE - SECTION 21-110-50
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 16-093,Version:1
Action on Resolution 16-093, a Resolution awarding the contract for City Crop Land Lease for crop
land located in the Wiese and Freeland Additions.
Summary:
This resolution will award bids for the 2017-2018 City Crop Land Lease in the Wiese and Freeland
Additions to David Rochel.
Background:
The City owns 22 acres of property available for crop land in Section 18 in Freeland Addition, and 30
acres available for crop land in Section 19 in Wiese Addition, both in T110N, R49W in the City’s
industrial parks. The lease will be a one-year lease for 2017, renewable for one additional year in
2018, if agreeable to both parties. A bid letting was held at 1:30 p.m. on Tuesday, November 1, 2016,
and received the following bids:
·David Rochel, Aurora, SD $206.50 per acre
·Brian Fett, Dell Rapids, SD $181.00 per acre
·Daniel Bauer, Elkton, SD $142.50 per acre
David Rochel of Aurora, SD, submitted the highest bid of $206.50 per acre, in comparison to the
previous lease rate of $236.52. Following approval of this resolution to award the bids, the City will
advertise a Notice of Public Hearing with intent to lease to private person for the City Council’s
November 22, 2016 meeting.
Fiscal Impact:
The City will receive $10,738.00 in revenue for 2017 and 2018 if renewed.
Recommendation:
Staff recommends approval.
Attachments:
Resolution
Map
City of Brookings Printed on 11/3/2016Page 1 of 1
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Resolution 16-093
Resolution Awarding Bids on City Crop Land Lease
Whereas, the City of Brookings opened bids for approximately 52 acres of crop land for
lease on City-owned parcels located in Wiese Addition and Freeland Addition, Sections
18 and 19, T110N, R49W, on Tuesday, November 1, 2016 at 1:30 PM at the Brookings
City & County Government Center; and
Whereas, the City of Brookings has received the following bids for City Crop Land
Lease: David Rochel – $206.50/acre, Brian Fett - $181.00/acre and Daniel Bauer -
$142.50/acre.
Now Therefore, Be It Resolved that the high bid of David Rochel, Aurora, SD, for
$206.50 per acre be accepted.
Passed and approved this 8
th day of November, 2016.
CITY OF BROOKINGS
________________________________
Tim Reed, Mayor
ATTEST:
_________________________
Shari Thornes, 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 16-094,Version:1
Action on Resolution 16-094, a Resolution awarding the contract for City Hay Land Lease for hay
land located in Section 11-T109N-R50W.
Summary:
This resolution will award bids for a two-year lease for the City Hay Land located in Section 110-
T109N-R50W.
Background:
The City owns a parcel of property in the Northeast ¼ of Section 11-T109N-R50W, which is located
south of 32nd Street South and east of Main Avenue South, as shown on the attached map. This
parcel is where the City has constructed wetlands and has approximately 18 acres available to lease.
The City advertised the bid for a two-year lease and the bids were opened at 1:30 p.m. on Tuesday,
November 1, 2016, and received the following bids:
·Brian Fett, Dell Rapids, SD $66.00 per acre
·David Rochel, Aurora, SD $46.50 per acre
·LNJ Farms & Ranch, Aurora, SD $45.00 per acre
·Jason Voss, Brookings, SD $40.00 per acre
·Dennis Welbig, Brookings, SD $36.60 per acre
·Daniel Bauer, Elkton, SD $25.00 per acre
Brian Fett, Dell Rapids, submitted the highest bid of $66.00 per acre. Following approval of this
resolution to award the bids, the City will advertise a Notice of Public Hearing with intent to lease to
private person for the City Council’s November 22, 2016 meeting. This resolution will award the bid
for a two-year lease of 18 acres in Section 11-T109N-R50W in the amount of $66.00 per acre to
Brian Fett, Dell Rapids, South Dakota.
Fiscal Impact:
The City will receive $1,188.00 per year for 2017 and 2018.
Recommendation:
Staff recommends approval.
Attachments:
Resolution
Map
City of Brookings Printed on 11/3/2016Page 1 of 1
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Resolution 16-094
Resolution Awarding Bids for City Hay Land Lease in Section 11-T109N-R50W
Whereas, the City of Brookings opened bids for a two-year lease of approximately 18
acres of City hay land in Section 11-T109N-R50W, southeast of 32nd Street South and
Main Avenue South, on Tuesday, November 1, 2016 at 1:30 PM at the Brookings City &
County Government Center; and
Whereas, the City of Brookings has received the following bids for City Hay Land Lease:
Brian Fett, Dell Rapids, SD - $66.00/acre; David Rochel, Aurora, SD - $46.50/acre; LNJ
Farms & Ranch, Aurora, SD - $45.00/acre; Jason Voss, Brookings, SD - $40.00/acre;
Dennis Welbig, Brookings, SD - $36.60/acre; Daniel Bauer, Elkton, SD - $25.00/acre
Now Therefore, Be It Resolved that the high bid of Brian Fett, Dell Rapids, SD for
$66.00 per acre be accepted.
Passed and approved this 8th day of November, 2016.
CITY OF BROOKINGS
________________________________
Tim Reed, Mayor
ATTEST:
_________________________
Shari Thornes, 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 16-083,Version:1
Action on Resolution 16-083, a Resolution authorizing the City Manager to sign a Liquor Operating
Agreement renewal for Ram & O’Hare’s Eng. LLC, dba The Ram, Jerry and Tammy Young, owners,
327 Main Ave., legal description: East 121' of Lot 14, Block 3, Original Plat Addition.
Summary:
The City of Brookings enters into Wine Operating Agreements for 10-year increments. The
Operating Agreement for Ram & O’Hare’s Eng. LLC, dba The Ram, located at 327 Main Ave., is at
the 10-year renewal point. This Resolution would allow the City Manager to enter into a 10-year
agreement, with a mid-term renewal held in five (5) years.
Recommendation:
Staff recommends approval.
Attachments:
Resolution
Operating Agreement
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Resolution 16-083
Ram & O’Hare’s Eng. LLC, dba The Ram – Liquor Operating Agreement
Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby
approves a Lease Renewal Agreement for the Operating Liquor Management
Agreement between the City of Brookings and Ram & O’Hare’s Eng. LLC, dba The
Ram, Jerry and Tammy Young, owners, for the purpose of a liquor manager to operate
the On-Sale Establishment or business for and on behalf of the City of Brookings at 327
Main Avenue.
Be It Further Resolved that the City Manager be authorized to execute the Agreement
on behalf of the City, which shall be for a period of ten (10) years.
Passed and approved this 8th day of November, 2016.
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
LIQUOR OPERATING AGREEMENT
Ram & O’Hare’s Eng. LLC, dba The Ram
THIS AGREEMENT made and entered into by and between the CITY OF
BROOKINGS, a municipal corporation of the State of South Dakota, hereinafter referred
to as the “City” and Ram & O’Hare’s Eng. LLC, dba The Ram, Jerry and Tammy Young,
hereinafter referred to as “Manager.”
WITNESSETH;
WHEREAS, the City has been issued an on-sale alcoholic beverage license and is
engaged in the sale of alcoholic beverages, and
WHEREAS, the City desires to enter into an Operating Agreement on a limited basis
with the Manager for the purpose of operating an on-sale establishment or business for
and on behalf of the City pursuant to law, and
WHEREAS, the Manager has offered to have facilities in which to operate said on-sale
establishment solely upon the premises hereinafter described.
NOW, THEREFORE IT IS MUTUALLY AGREED AS FOLLOWS:
I.
This Agreement is made and entered into on a limited basis between the parties hereto
to allow the Manager to operate a retail on-sale premises, pursuant to and in
accordance with all of the terms and conditions of this Agreement in accordance with all
State laws and City Ordinances now in effect and as may be enacted in the future.
II.
The Manager shall be individually responsible for all operating expenses of said on-sale
establishment, including but not limited to utilities, taxes, insurance, and license fees, if
any.
The Manager shall furnish all equipment and fixtures necessary to operate the
establishment.
III.
The on-sale establishment shall be located upon real estate in the City of Brookings,
South Dakota, described as:
East 121' of Lot 14, Block 3, Original Plat Addition
IV.
The Manager shall dispense only alcoholic beverages supplied by the Municipal Off-
Sale establishment.
V.
This Agreement shall be in full force and effect for a period of five (5) years, with the
Manager having the option and privilege of a five (5) year extension, subject to the
approval of the governing body of the City of Brookings.
VI.
Either the Manager or the City may terminate this Agreement without cause upon ninety
(90) days written notice served by either party upon the other. The City reserves the
right to immediately suspend or revoke this Agreement without ninety (90) days written
notice for alcohol related violations in accordance with the provisions of Resolution No.
25-88 or any amendments thereto or for any late payments for alcoholic beverages
supplied by the Municipal Off-Sale Establishment to be sold on the premises of
Manager.
VII.
The Manager shall receive as full compensation for its services rendered, the net profit
from the on-sale establishment under its management, and the sole profit to be derived
by the City shall be the markup hereinafter set forth on alcoholic beverages furnished by
the municipality to the Manager for the purposes of resale on the premises as above
described.
VIII.
The Manager shall pay to the City for all alcoholic beverages sold by the City to the
Manager for resale on the above-described premises, the actual cost of distilled spirits
and wine supplied by the City, plus eleven percent (11%) in excess of such cost; the
Manager shall pay to the City for all malt beverages sold by the City to the Manager for
resale on the above-described premises, the actual cost of malt beverages, plus ten
percent (10%) in excess of such cost. The actual cost shall include cost price and
transportation charges. The markup percentages provided in this Agreement are
subject to change by the City of Brookings. In the event markup percentages are
changed by Ordinance, then the markup percentages provided by City Ordinance shall
supercede the markup percentages provided herein. The Manager further agrees that if
either of the markup percentages shall be increased at any time by the City, the
Manager shall pay the markup as so increased.
IX.
A complete and detailed record shall be maintained by the City of all alcoholic
beverages supplied to the on-sale Manager and such alcoholic beverages so supplied
shall be evidenced by pre-numbered invoices prepared in triplicate showing the date,
quality, brand, size, and actual cost of such item, and such invoice shall bear the
signature of the authorized representative of the on-sale Manager or its authorized
representative. One copy thereof shall be retained by the Municipal off-sale
establishment, one copy shall be retained by the on-sale establishment, and one copy
shall be filed with the City Clerk. All copies shall be kept as permanent records and
made available for reference and audit purposes. The Manager also agrees to maintain
a complete record of all alcoholic beverages received from the City.
X.
In consideration of the covenants herein contained, the Manager agrees to pay the
CITY OF BROOKINGS, One Thousand Five Hundred, and no/100 Dollars ($1,500.00),
constituting the Annual License Fee on or by the 1st day of November of each year
thereafter as long as this agreement shall remain in force and effect. The payment of
the Annual Renewal License Fee will not extend the term of this Operating Agreement
beyond the term provided therein. The Manager further agrees that if the annual fee
shall be increased at any time by the legislature, the Manager shall pay the amount of
any such increase.
XI.
The Manager agrees to keep the premises in a neat, clean and attractive appearance,
and Manager further agrees to operate said on-sale establishment only on such days
and at such hours as permitted by state law and city ordinances.
XII.
The Manager shall have the right to return, at any time, alcoholic beverages received
from the City and to receive in return any deposit made for such alcoholic beverages; in
the event of termination of the business, all unused alcoholic beverages, which may be
resold without discount may be returned to the City and the Manager shall be
reimbursed for the of such alcoholic beverages.
XIII.
The Manager agrees to abide by the credit policies of the City and acknowledges, by
execution of this Agreement, receipt of a copy of the credit policies of the City. The City
reserves the right to change or terminate its credit policies at any time, but shall be
required to provide written notice to Manager prior to the effective date of the change or
termination date of the credit policies.
XIV.
The Manager agrees to furnish the City upon demand, evidence of payment of the
following:
A. All salaries of on-sale employees;
B. Social Security and withholding taxes on said employees;
C. Worker’s Compensation insurance premiums covering said employees;
D. Unemployment taxes on the payrolls of said employees;
E. General liability insurance protecting both the City and the Manager against
claims for injury or damages to persons or property, said policy to have
general liability limits of at least Five Hundred Thousand Dollars
($500,000.00) single limit, and One Million Dollars ($1,000,000.00) aggregate,
and a limitation of Fifty Thousand Dollars ($50,000.00) for damage to
property. The general liability insurance limits are subject to change and
Manager agrees to change limits of insurance if required by the City;
F. Rent and utility bills; and
G. Any and all miscellaneous expenses, including taxes.
XV.
The Manager agrees to observe all Federal and State laws and ordinances of the City
of Brookings.
XVI.
The City covenants and agrees to furnish the on-sale license to Manager pursuant to
the terms and conditions of this Operating Agreement and the terms and conditions of
the on-sale license.
XVII.
The City has the right to make inspections and investigations of the premises during the
hours of operation, and make audits and examinations of the records of the Manager
relating to the on-sale establishment.
XVIII.
It is further specifically understood and agreed that the waiver of the rights of the City
under this Agreement shall not constitute a continuous waiver, and any violation or
breach of the terms of this Agreement by the Manager shall constitute a separate and
distinct offense and grounds for immediate termination and revocation of this
Agreement.
XIX.
This agreement shall not be assignable to another person or location without the written
consent of the City.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement which is
effective this 8th day of November, 2016.
CITY OF BROOKINGS, South Dakota
A Municipal Corporation
By:
ATTEST:Jeffrey W. Weldon, City Manager
Shari Thornes, City Clerk
MANAGER
By:
By:
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 16-084,Version:1
Action on Resolution 16-084, a Resolution authorizing the City Manager to sign an On-Off Sale Wine
Operating Agreement renewal for Schoon’s Pump N’ Pak South, owner, Jon Schoon, 1203 Main Ave.
So., legal description: Outlot 8, NE 1/4, .66 acres, Section 35-110-50.
Summary:
The City of Brookings enters into Wine Operating Agreements for a 10-year period with a renewal at
five years. The Operating Agreement for Schoon’s Pump N’ Pak South, owner, Jon Schoon, located
at 1203 Main Ave. So, is at the five-year point in the 10-year Agreement. This Resolution will allow
the City Manager to enter into the remaining five-years of the Agreement, effective through 2022.
Recommendation:
Staff recommends approval.
Attachments:
Resolution
Operating Agreement
City of Brookings Printed on 11/3/2016Page 1 of 1
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Resolution 16-084
Schoon’s Properties, Inc., dba Schoon’s Pump N’ Pak South –
Wine Operating Agreement Renewal
Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby
approves a Lease Agreement renewal for the Operating Liquor Management
Agreement for On-Sale Wine between the City of Brookings and Schoon’s Properties,
Inc., dba Schoon’s Pump N’ Pak South, for the purpose of a liquor manager to operate
the On-Sale Establishment or business for and on behalf of the City of Brookings at
1203 Main Ave. So.
Be It Further Resolved that the City Manager be authorized to execute the Lease
Agreement renewal on behalf of the City, which shall be for a period of five (5) years.
Passed and approved this 8th day of November, 2016.
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
On-Off Sale Wine Operating Agreement - Renewal
Schoon’s Properties, Inc., dba Schoon’s Pump N’ Pak South
THIS AGREEMENT made and entered into by and between the City of Brookings, a
municipal corporation of the State of South Dakota, hereinafter referred to as the “City”
and Schoon’s Properties, Inc., dba Schoon’s Pump N’ Pak South, Jon Schoon, owner,
hereinafter referred to as “Manager.”
WITNESSETH;
WHEREAS, the City has been issued an on-sale alcoholic beverage license and is
engaged in the sale of alcoholic beverages, and
WHEREAS, the City desires to enter into an Operating Agreement on a limited basis
with the Manager for the purpose of operating an on-off sale establishment or business
for and on behalf of the City pursuant to law, and
WHEREAS, the Manager has offered to have facilities in which to operate said on-off
sale establishment solely upon the premises hereinafter described.
NOW, THEREFORE IT IS MUTUALLY AGREED AS FOLLOWS:
I.
This Agreement is made and entered into on a limited basis between the parties hereto
allow the Manager to operate a retail on-off sale premises, pursuant to and in
accordance with all of the terms and conditions of this Agreement in accordance with all
State laws and City Ordinances now in effect and as may be enacted in the future.
II.
The Manager shall be individually responsible for all operating expenses of said on-off
sale establishment, including but not limited to utilities, taxes, insurance, and license
fees, if any.
The Manager shall furnish all equipment and fixtures necessary to operate the
establishment.
III.
The on-off sale establishment shall be located upon real estate in the City of Brookings,
South Dakota, described as:
Outlot 8, NE 1/4, .66 acres, Section 35-110-50.
IV.
The Manager shall dispense only alcoholic beverages supplied by the Municipal Off-
Sale Establishment.
V.
This Agreement constitutes a renewal of the current Operating Agreement and shall be
in full force and effect for a period of five (5) years.
VI.
Either the Manager or the City may terminate this Agreement without cause upon ninety
(90) days written notice served by either party upon the other. The City reserves the
right to immediately suspend or revoke this Agreement without ninety (90) days written
notice for alcohol related violations in accordance with the provisions of Resolution No.
25-88 or any amendments thereto or for any late payments for alcoholic beverages
supplied by the Municipal Off-Sale Establishment to be sold on the premises of
Manager.
VII.
The Manager shall receive as full compensation for its services rendered, the net profit
from the on-off sale establishment under its management, and the sole profit to be
derived by the City shall be the markup hereinafter set forth on alcoholic beverages
furnished by the municipality to the Manager for the purposes of resale on the premises
as above described.
VIII.
The Manager shall pay to the City for all alcoholic beverages sold by the City to the
Manager for resale on the above-described premises, the actual cost of distilled spirits
and wine supplied by the City, plus eleven percent (11%) in excess of such cost; the
Manager shall pay to the City for all malt beverages sold by the City to the Manager for
resale on the above-described premises, the actual cost of malt beverages, plus ten
percent (10%) in excess of such cost. The actual cost shall include cost price and
transportation charges. The markup percentages provided in this Agreement are
subject to change by the City of Brookings. In the event markup percentages are
changed by Ordinance, then the markup percentages provided by City Ordinance shall
supercede the markup percentages provided herein. The Manager further agrees that if
either of the markup percentages shall be increased at any time by the City, the
Manager shall pay the markup as so increased.
IX.
A complete and detailed record shall be maintained by the City of all alcoholic
beverages supplied to the on-sale Manager and such alcoholic beverages so supplied
shall be evidenced by prenumbered invoices prepared in triplicate showing the date,
quality, brand, size, and actual cost of such item, and such invoice shall bear the
signature of the authorized representative of the on-sale Manager or its authorized
representative. One copy thereof shall be retained by the Municipal off-sale
establishment, one copy shall be retained by the on-sale establishment, and one copy
shall be filed with the City Clerk. All copies shall be kept as permanent records and
made available for reference and audit purposes. The Manager also agrees to maintain
a complete record of all alcoholic beverages received from the City.
X.
In consideration of the covenants herein contained, the Manager agrees to pay the
CITY OF BROOKINGS, Three Hundred and Twenty-Five Hundred, and no/100 Dollars
($325.00), constituting the Annual License Fee on or by 1st day of June of each year
thereafter as long as this agreement shall remain in force and effect. The payment of
the Annual Renewal License Fee will not extend the term of this Operating Agreement
beyond the term provided therein. The Manager further agrees that if the annual fee
shall be increased at any time by the legislature, the Manager shall pay the amount of
any such increase.
XI.
The Manager agrees to keep the premises in a neat, clean and attractive appearance,
and Manager further agrees to operate said on-sale establishment only on such days
and at such hours as permitted by state law and city ordinances.
XII.
The Manager shall have the right to return, at any time, alcoholic beverages received
from the City and to receive in return any deposit made for such alcoholic beverages; in
the event of termination of the business, all unused alcoholic beverages, which may be
resold without discount may be returned to the City and the Manager shall be
reimbursed for the of such alcoholic beverages.
XIII.
The Manager agrees to abide by the credit policies of the City and acknowledges, by
execution of this Agreement, receipt of a copy of the credit policies of the City. The City
reserves the right to change or terminate its credit policies at any time, but shall be
required to provide written notice to Manager prior to the effective date of the change or
termination date of the credit policies.
XIV.
The Manager agrees to furnish the City upon demand, evidence of payment of the
following:
A. All salaries of on-off sale employees;
B. Social Security and withholding taxes on said employees;
C. Worker’s Compensation insurance premiums covering said employees;
D. Unemployment taxes on the payrolls of said employees;
E. General liability insurance protecting both the City and the Manager against
claims for injury or damages to persons or property, said policy to have general
liability limits of at least Five Hundred Thousand Dollars ($500,000.00) single
limit, and One Million Dollars ($1,000,000.00) aggregate, and a limitation of Fifty
Thousand Dollars ($50,000.00) for damage to property. The general liability
insurance limits are subject to change and Manager agrees to change limits of
insurance if required by the City;
F. Rent and utility bills;
G. Any and all miscellaneous expenses, including taxes.
XV.
The Manager agrees to observe all Federal and State laws and ordinances of the City
of Brookings.
XVI.
The City covenants and agrees to furnish the on-sale license to Manager pursuant to
the terms and conditions of this Operating Agreement and the terms and conditions of
the on-off sale license.
XVII.
The City shall have the right to make inspections and investigations of the premises
during the hours of operation, and make audits and examinations of the records of the
Manager relating to the on-off sale establishment.
XVIII.
It is further specifically understood and agreed that the waiver of the rights of the City
under this Agreement shall not constitute a continuous waiver, and any violation or
breach of the terms of this Agreement by the Manager shall constitute a separate and
distinct offense and grounds for immediate termination and revocation of this
Agreement.
XIV.
This agreement shall not be assignable to another person or location without the written
consent of the City.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement this 8th day
of November, 2016.
CITY OF BROOKINGS, South Dakota
A Municipal Corporation
ATTEST:Jeffrey W. Weldon, City Manager
Shari Thornes, City Clerk
MANAGER
By:
By:
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:Res 16-086,Version:1
Action on Resolution 16-086, a Resolution authorizing the City Manager to sign an On-Off Sale Wine
Operating Agreement renewal for Aramark / McCrory Gardens Educational Visitors Center, at the
corner of 6th Street and 22nd Avenue, legal description: a portion of the SE ¼ of Section 24-T110N-
R50W (located on northwest corner of 6th Street and 22nd Avenue). See Exhibit Map A depicting
interior and exterior spaces licensed to serve and consume alcohol and Exhibit Map B depicting
facility in relationship to McCrory Gardens.
Summary:
The City of Brookings enters into Wine Operating Agreements for a 10-year period with a renewal at
five years. The Operating Agreement for Aramark / McCrory Gardens Educational Visitors Center,
located at the corner of 6th Street and 22nd Avenue, is at the five-year point in the 10-year Agreement.
This Resolution will allow the City Manager to enter into the remaining five-years of the Agreement,
effective through 2022.
See Exhibit Map A depicting interior and exterior spaces licensed to serve and consume alcohol and
Exhibit Map B depicting facility in relationship to McCrory Gardens.
Recommendation:
Staff recommends approval.
Attachments:
Resolution
Operating Agreement
Map
City of Brookings Printed on 11/3/2016Page 1 of 1
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Resolution 16-086
Aramark / McCrory Gardens Educational Visitors Center –
Wine Operating Agreement Renewal
Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby
approves a Lease Agreement renewal for the Operating Liquor Management
Agreement for On-Sale Wine between the City of Brookings and Aramark / McCrory
Gardens Educational Visitors Center, for the purpose of a liquor manager to operate the
On-Sale Establishment or business for and on behalf of the City of Brookings at the
corner of 6th Street and 22nd Avenue.
Be It Further Resolved that the City Manager be authorized to execute the Lease
Agreement renewal on behalf of the City, which shall be for a period of five (5) years.
Passed and approved this 8th day of November, 2016.
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
On-Off Sale Wine Operating Agreement - Renewal
Aramark / McCrory Gardens Educational Visitors Center
THIS AGREEMENT made and entered into by and between the City of Brookings, a
municipal corporation of the State of South Dakota, hereinafter referred to as the “City”
and Aramark / McCrory Gardens Educational Visitors Center, hereinafter referred to as
“Manager.”
WITNESSETH;
WHEREAS, the City has been issued an on-sale alcoholic beverage license and is
engaged in the sale of alcoholic beverages, and
WHEREAS, the City desires to enter into an Operating Agreement on a limited basis
with the Manager for the purpose of operating an on-off sale establishment or business
for and on behalf of the City pursuant to law, and
WHEREAS, the Manager has offered to have facilities in which to operate said on-off
sale establishment solely upon the premises hereinafter described.
NOW, THEREFORE IT IS MUTUALLY AGREED AS FOLLOWS:
I.
This Agreement is made and entered into on a limited basis between the parties hereto
allow the Manager to operate a retail on-off sale premises, pursuant to and in
accordance with all of the terms and conditions of this Agreement in accordance with all
State laws and City Ordinances now in effect and as may be enacted in the future.
II.
The Manager shall be individually responsible for all operating expenses of said on-off
sale establishment, including but not limited to utilities, taxes, insurance, and license
fees, if any.
The Manager shall furnish all equipment and fixtures necessary to operate the
establishment.
III.
The on-off sale establishment shall be located upon real estate in the City of Brookings,
South Dakota, described as:
a portion of the SE ¼ of Section 24-T110N-R50W (located on northwest corner
of 6th Street and 22nd Avenue).
IV.
The Manager shall dispense only alcoholic beverages supplied by the Municipal Off-
Sale Establishment.
V.
This Agreement constitutes a renewal of the current Operating Agreement and shall be
in full force and effect for a period of five (5) years.
VI.
Either the Manager or the City may terminate this Agreement without cause upon ninety
(90) days written notice served by either party upon the other. The City reserves the
right to immediately suspend or revoke this Agreement without ninety (90) days written
notice for alcohol related violations in accordance with the provisions of Resolution No.
25-88 or any amendments thereto or for any late payments for alcoholic beverages
supplied by the Municipal Off-Sale Establishment to be sold on the premises of
Manager.
VII.
The Manager shall receive as full compensation for its services rendered, the net profit
from the on-off sale establishment under its management, and the sole profit to be
derived by the City shall be the markup hereinafter set forth on alcoholic beverages
furnished by the municipality to the Manager for the purposes of resale on the premises
as above described.
VIII.
The Manager shall pay to the City for all alcoholic beverages sold by the City to the
Manager for resale on the above-described premises, the actual cost of distilled spirits
and wine supplied by the City, plus eleven percent (11%) in excess of such cost; the
Manager shall pay to the City for all malt beverages sold by the City to the Manager for
resale on the above-described premises, the actual cost of malt beverages, plus ten
percent (10%) in excess of such cost. The actual cost shall include cost price and
transportation charges. The markup percentages provided in this Agreement are
subject to change by the City of Brookings. In the event markup percentages are
changed by Ordinance, then the markup percentages provided by City Ordinance shall
supercede the markup percentages provided herein. The Manager further agrees that if
either of the markup percentages shall be increased at any time by the City, the
Manager shall pay the markup as so increased.
IX.
A complete and detailed record shall be maintained by the City of all alcoholic
beverages supplied to the on-sale Manager and such alcoholic beverages so supplied
shall be evidenced by prenumbered invoices prepared in triplicate showing the date,
quality, brand, size, and actual cost of such item, and such invoice shall bear the
signature of the authorized representative of the on-sale Manager or its authorized
representative. One copy thereof shall be retained by the Municipal off-sale
establishment, one copy shall be retained by the on-sale establishment, and one copy
shall be filed with the City Clerk. All copies shall be kept as permanent records and
made available for reference and audit purposes. The Manager also agrees to maintain
a complete record of all alcoholic beverages received from the City.
X.
In consideration of the covenants herein contained, the Manager agrees to pay the
CITY OF BROOKINGS, Three Hundred and Twenty-Five Hundred, and no/100 Dollars
($325.00), constituting the Annual License Fee on or by 1st day of June of each year
thereafter as long as this agreement shall remain in force and effect. The payment of
the Annual Renewal License Fee will not extend the term of this Operating Agreement
beyond the term provided therein. The Manager further agrees that if the annual fee
shall be increased at any time by the legislature, the Manager shall pay the amount of
any such increase.
XI.
The Manager agrees to keep the premises in a neat, clean and attractive appearance,
and Manager further agrees to operate said on-sale establishment only on such days
and at such hours as permitted by state law and city ordinances.
XII.
The Manager shall have the right to return, at any time, alcoholic beverages received
from the City and to receive in return any deposit made for such alcoholic beverages; in
the event of termination of the business, all unused alcoholic beverages, which may be
resold without discount may be returned to the City and the Manager shall be
reimbursed for the of such alcoholic beverages.
XIII.
The Manager agrees to abide by the credit policies of the City and acknowledges, by
execution of this Agreement, receipt of a copy of the credit policies of the City. The City
reserves the right to change or terminate its credit policies at any time, but shall be
required to provide written notice to Manager prior to the effective date of the change or
termination date of the credit policies.
XIV.
The Manager agrees to furnish the City upon demand, evidence of payment of the
following:
A. All salaries of on-off sale employees;
B. Social Security and withholding taxes on said employees;
C. Worker’s Compensation insurance premiums covering said employees;
D. Unemployment taxes on the payrolls of said employees;
E. General liability insurance protecting both the City and the Manager against
claims for injury or damages to persons or property, said policy to have general
liability limits of at least Five Hundred Thousand Dollars ($500,000.00) single
limit, and One Million Dollars ($1,000,000.00) aggregate, and a limitation of Fifty
Thousand Dollars ($50,000.00) for damage to property. The general liability
insurance limits are subject to change and Manager agrees to change limits of
insurance if required by the City;
F. Rent and utility bills;
G. Any and all miscellaneous expenses, including taxes.
XV.
The Manager agrees to observe all Federal and State laws and ordinances of the City
of Brookings.
XVI.
The City covenants and agrees to furnish the on-sale license to Manager pursuant to
the terms and conditions of this Operating Agreement and the terms and conditions of
the on-off sale license.
XVII.
The City shall have the right to make inspections and investigations of the premises
during the hours of operation, and make audits and examinations of the records of the
Manager relating to the on-off sale establishment.
XVIII.
It is further specifically understood and agreed that the waiver of the rights of the City
under this Agreement shall not constitute a continuous waiver, and any violation or
breach of the terms of this Agreement by the Manager shall constitute a separate and
distinct offense and grounds for immediate termination and revocation of this
Agreement.
XIV.
This agreement shall not be assignable to another person or location without the written
consent of the City.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement this 8th day
of November, 2016.
CITY OF BROOKINGS, South Dakota
A Municipal Corporation
ATTEST:Jeffrey W. Weldon, City Manager
Shari Thornes, City Clerk
MANAGER
By:
By:
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 2016-0708,Version:1
Recognition of City Finance Department for Distinguished Award.
Summary:
The City of Brookings Finance Department has been recognized for the fourth consecutive year by
the Government Finance Officers Association (GFOA) as receiving the distinguished Certificate of
Achievement for Excellence in Financial Reporting.
The award recognizes government finance entities that go above and beyond the usual and
customary financial reporting and management practices to achieve the highest standards of
accounting, financial transparency, financial management, and auditing controls. Very few
government entities earn this prestigious award and is the result of comprehensive reforms and
improvements made to the City of Brookings financial management systems.
The City Council would like to recognize City of Brookings Finance Manager Shawna Costello and
her staff for their commitment and dedication to excellence in government financial management for
the taxpayers of the City of Brookings.
City of Brookings Printed on 11/3/2016Page 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 #:ORD 16-024,Version:1
Introduction and First Reading on Ordinance 16-024, an Ordinance establishing the University
Community Coalition (UCC) of the City of Brookings, SD. Public Hearing: November 22, 2016.
Summary:
The City Council has approved a Charter for the formalization of an intergovernmental agreement
between the City of Brookings and South Dakota State University. The provisions of the Charter are
proposed to be codified and formally adopted as an ordinance. The purpose of the UCC charter and
ordinance is to identify, investigate, propose, and advocate practices and policies that will improve
and enhance the well-being of the university-community relationship and the overall quality of life in
Brookings. An intergovernmental committee shall constitute the coalition and be responsible for its
activities and functions.
Fiscal Impact:
There is no expected direct fiscal impact as a result of enacting this ordinance. Any fiscal impact
could possibly result from various UCC projects or initiatives.
Recommendation:
Staff recommends approval.
Attachments:
Ordinance
Charter
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Ordinance 16-024
An Ordinance establishing the University Community Coalition of the City
of Brookings, South Dakota.
Be It Ordained and Enacted by the Council of the City of Brookings, State of South
Dakota, as follows:
I.
1. Creation/Name: The City of Brookings hereby establishes the University
Community Coalition (hereinafter sometimes referred to as “the Coalition”).
2. Purpose: The Brookings community and South Dakota State University (SDSU)
have a long history of collaboration and cooperation for their mutual benefit. The
purpose of this University Community Coalition is to identify, investigate, propose
and advocate practices and policies that will improve the well-being of the
university-community relationship and the quality of life in Brookings. In addition,
the University Community Coalition will create a platform for effective
communication between the Brookings community and South Dakota State
University.
3. Objectives of the University Community Coalition:
Provide a venue for collaboration and communication;
Identify, investigate, and promote activities, practices, and policies that
improve the university and community relationship;
Explore where the Campus and Community can help each other attain its
mission and vision;
Enhance students’ off-campus experiences and encourage connectivity with
the greater Brookings community;
Encourage community members’ connectivity with university programs and
events;
Create initiatives to encourage public safety, community health, and a high
quality of life for students and community members; and
Provide a venue for community-wide discussion on issues affecting both the
University and Brookings community.
4. Expectations of the University Community Coalition:
Issues can be referred to the Coalition from the City Council, SDSU President’s
Executive Council, SDSU Student Association, and SDSU Academic Senate for
assistance and advice.
In addition to issues referred to the Coalition, the Coalition will have a minimum
of one open forum per year to hear issues and suggestions from the Brookings
Community and the SDSU Campus Community.
The Coalition will meet as needed to identify and promote activities, practices,
and policies that will resolve issues and attain the stated objectives.
The Coalition will also have an annual forum to review the year. The annual
forum will include university administration, city officials and student leaders. An
annual report will be prepared and published to the University President, the
President’s Executive Council, the Mayor, the City Council and the public. This
report will be a public document.
5. Composition, appointment, criteria for appointment:
A. The University Community Coalition shall be comprised of a maximum of
eleven (11) members.
B. The Coalition will be comprised of a maximum of eleven members.
C. The Coalition membership will include;
Brookings City Manager or designee
Brookings Chief of Police or designee
SDSU Student Association President or designee
SDSU State and Local Chair or designee
SDSU VP of Student Affairs or designee
SDSU VP of Public Safety and Security or designee
Designees must be approved by the City Council.
D. A maximum of five (5) at-large positions shall be appointed by the Mayor and
approved by the City Council. No at-large member shall serve a term longer than
two years, however an at-large member may be reappointed. The at-large
appointments should be drawn from those involved with issues facing the
University and Community, such as university administrators and faculty, SDSU
students, business leaders, property owners, involved community members, bar
proprietors.
6. Expectations of Members of the University Community Coalition:
Appoint a chair to conduct meetings and manage the agenda.
Adhere to a code of ethics and city open meeting policies.
Work to achieve community-wide solutions which do not represent an
individual member’s goals or platform.
7. Vacancies: If a vacancy on the University Community Coalition occurs prior to
the expiration of a term, the vacancy may be filled by nomination by the Mayor,
with approval by the City Council.
8. Officers: The University Community Coalition will designate from among its
membership a chairperson, vice-chairperson and such other officers as it deems
appropriate and necessary.
9. Terms of Office: Members of the University Community Coalition shall serve two-
year terms. Upon expiration of an appointment, a member may thereafter be
appointed for one additional term. All terms shall expire on the date of the first
regular meeting of the City Council in May.
10.Quorum: A majority of the members of the University Community Coalition shall
constitute a quorum for the transaction of its business. A majority vote of the
members shall be required to approve any action by the University Community
Coalition.
11.Compensation: All members of the University Community Coalition shall serve
without compensation.
12.Minutes: The University Community Coalition will keep and submit minutes of its
meetings to the city manager. The University Community Coalition must also file
an annual report with the City Council.
II.
Any or all ordinances in conflict herewith are hereby repealed.
First Reading:November 8, 2016
Second Reading:
Published:
CITY OF BROOKINGS, SD
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
University Community Coalition
Sponsored by the City of Brookings, SD and South Dakota State University
Adopted September 13, 2016
Purpose:
The Brookings community and South Dakota State University (SDSU) have a
long history of collaboration and cooperation for their mutual benefit. The
purpose of this University Community Coalition is to identify, investigate, propose
and advocate practices and policies that will improve the well-being of the
university-community relationship and the quality of life in Brookings. In addition,
the University Community Coalition will create a platform for effective
communication between the Brookings community and South Dakota State
University.
Objectives:
Provide a venue for collaboration and communication;
Identify, investigate, and promote activities, practices, and policies that
improve the university and community relationship;
Explore where the Campus and Community can help each other attain its
mission and vision;
Enhance students off-campus experiences and encourage connectivity
with the greater Brookings community;
Encourage community members’ connectivity with university programs
and events;
Create initiatives to encourage public safety, community health, and a high
quality of life for students and community members; and
Provide a venue for community-wide discussion on issues affecting both
the University and Brookings community;
Expectations of the Coalition:
Issues can be referred to the Coalition from the City Council, SDSU President’s
Executive Council, SDSU Student Association, SDSU Academic Senate for
assistance and advice.
In addition to issues referred to them the Coalition will have a minimum of one
open forum per year to hear issues and suggestions from the Brookings
Community and the Campus Community.
The Coalition will meet as needed to identify and promote activities, practices,
and policies that will resolve issues and attain the stated objectives.
The Coalition will also have an annual forum to review the year. The annual
forum will include university administration, city officials, and student leaders. An
annual report will be generated and published to the University President, the
President’s Executive Council, the Mayor, and the City Council. This report will
be a public document.
Membership
The Coalition will be comprised of a maximum of eleven members.
The Coalition membership will include;
Brookings City Manager or designee
Brookings Chief of Police or designee
SDSU Student Association President or designee
SDSU State and Local Chair or designee
SDSU VP of Student Affairs or designee
SDSU VP of Public Safety and Security or designee
Designees will need to be approved by the City Council.
A maximum of five (5) at-large positions would be appointed by the Mayor and
approved by the City Council. No at large member would serve a term longer
than two years with the ability to be reappointed. The at-large appointments
should consider issues facing the University and Community (i.e. university
administrators and faculty, SDSU student, business leader, property owner,
involved community member, bar proprietor).
Expectations of members:
Appoint a chair to conduct meetings and manage the agenda.
Adhere to code of ethics and city open meeting policies.
Work to achieve community wide solutions and not represent an individual
member's goals or platform.
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 16-085,Version:1
Public Hearing and Action on Resolution 16-085, a Resolution approving a Special Assessment for
uncollected Mowing / Inspection fees.
Summary:
The Brookings City Finance Office has attempted to collect fees without success. Invoices and
letters have been sent to the property owner. The notice of meeting for the approval of this
assessment listed in Resolution 16-085 has been published. Once the resolution is approved the
assessment will be certified to the Brookings County Finance Office to be collected as a property tax
assessment.
Recommendation:
Staff recommends approval.
Attachments:
Resolution
Billing
City of Brookings Printed on 11/3/2016Page 1 of 1
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Resolution 16-085
Levy Assessment for Mowing
Whereas, the City Manager has submitted to the City Council Special Assessments
against the owner and legal description listed below as hereinafter set out for
Mowing/Inspection fees;
Be It Resolved by the City Council of the City of Brookings, South Dakota, these fees be
assessed, in accordance with South Dakota Codified Law 9-32-12 as follows: June
Chase, 119 W. 7
th St., mowing & inspection fee in the amount of $510.00.
Passed and approved this 8
th day of November, 2016.
CITY OF BROOKINGS
________________________
ATTEST:Tim Reed, Mayor
______________________
Shari Thornes, City Clerk
Brookings, SD 57006
119 W 7th St
June Chase
BILL TO
DATE INVOICE NO
00551706/8/2016
AMOUNTQUANTITYDESCRIPTION
DUE DATE
EFFECTIVE RATE
7/8/2016
CREDIT BALANCEDISCOUNT
119 W 7th St. Lawn Mowing:
Inspection Fee 5/25/16 1.00 45.00 45.00 0.00 45.00 0.00
Lawn Mowing 5/25/16 1.00 465.00 465.00 0.00 465.00 0.00
INVOICE TOTAL: 510.00 0.00 510.00 0.00
PLEASE DETACH BOTTOM PORTION & REMIT WITH YOUR PAYMENT
DUE DATE INVOICE NO
0055170Customer Name:
Customer No:
Account No:
June Chase
010396
0000734
Please remit payment by the due date to:
City of Brookings
Finance Department
PO Box 270
INVOICE BALANCE:$510.00
7/8/2016
For questions please contact us at (605) 692-6281
520 3rd Street, Suite 230
Brookings, SD 57006-
AMOUNT PAID:
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 2016-0701,Version:1
Public Hearing and Action on an Off-Sale Malt Beverage Alcohol License for Optimal Success, Inc.,
DBA 1000 Degrees Pizzeria, Karl Larsen, owner, 770 22nd Ave. So., Brookings, South Dakota, legal
description: Lot 2, Brookings Mall Addition.
Summary:
The City of Brookings has received an application for an On-Off Sale Malt Beverage Alcohol License
for Optimal Success, Inc., DBA 1000 Degrees Pizzeria, Karl Larsen, owner, 770 22 nd Ave. So.,
Brookings, South Dakota. All required documents have been submitted for this application.
Background:
A public hearing and action by the local governing body is required to approve all alcohol licenses.
This license would be effective until June 30, 2017 and then subject to an annual renewal. If
approved, the application would be forwarded to the State Department of Revenue for final action
and issuance of the license.
Further Information: SDCL 35-2-1.2 provides all applications for retail licenses …shall be submitted to
the governing board of the municipality within which the applicant intends to operate…The governing
board: “shall have discretion to approve or disapprove the application depending on whether it
deems the applicant a suitable person to hold such license and whether it considers the proposed
location suitable.”
SDCL 35-2-6.2 provides the “character” requirements for alcoholic beverage licensees: “Any license
under this title…must be a person of good moral character, never convicted of a felony, and, if a
corporation, the managing officers thereof must have like qualifications.”
Procedure for issuance of licenses: Procedurally, SDCL 35-2-3 provides that “no license for the on or
off-sale at retail of alcoholic beverages…shall be granted to an applicant for any such license, except
after public hearing, upon notice.” SDCL 35-2-5 provides the procedure for the time and place of
hearing and for publication of notice. If an application for a license is refused, “no further application
may be received from a person until after the expiration of one year from the date of a refused
application.”
Recommendation:
Staff recommends approval
Attachments:
Legal Notice
City of Brookings Printed on 11/3/2016Page 1 of 1
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NOTICE OF PUBLIC HEARING
On-Off Sale Malt License and On-Off Wine License –
Optimal Success, Inc., DBA 1000 Degrees Pizzeria
NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of
Brookings, South Dakota, on November 8, 2016, at 6:00 p.m. in the Brookings City &
County Government Center Chambers, 520 Third Street, will meet in regular session to
consider an application for an On-Off Sale Malt License and an On-Off Sale Wine
License for Optimal Success, Inc., DBA 1000 Degrees Pizzeria, Karl Larsen, owner,
770 22nd Ave. So., Brookings, South Dakota, legal description: Lot 2, Brookings Mall
Addition. At which time and place all persons interested will be given a full, fair and
complete hearing thereon.
Dated at Brookings, South Dakota, this 28th day of October, 2016.
Shari Thornes, City Clerk
Published time(s) at an approximate cost $ .
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 16-088,Version:1
Public Hearing and Action on Resolution 16-088, a Resolution authorizing the City Manager to sign
an On-Off Sale Wine Operating Agreement for Optimal Success, Inc., DBA 1000 Degrees Pizzeria,
Karl Larsen, owner, 770 22nd Ave. So., Brookings, SD, legal description: Lot 2, Brookings Mall
Addition.
Summary:
Karl Larsen, owner of Optimal Success, Inc., DBA 1000 Degrees Pizzeria, 770 22nd Ave. So., has
applied for an On-Off Sale Wine Alcohol license. A public hearing and action by the local governing
body is required for all new alcohol licenses. Additionally, an Operating Agreement is required for
Wine Licenses. This Resolution allows the City Manager to enter into the first five years of the 10-
year agreement effective through 2022. This license would be effective January 1, 2017 and be
subject to an annual renewal. If approved, the application would be forwarded to the State
Department of Revenue for final action and issuance of the license.
Background:
City Ordinances:
Listed below is Chapter 5, Article 2, Section 5-20 of the City Code of Ordinances pertaining to
Application Review Procedure. The City Council shall review all applications submitted to the City for
available On-Sale Alcoholic Beverage Agreements and for On-Sale Malt Beverage and Wine
Licenses in accordance with SDCL 35-2 and in accordance with the following factors:
a) Type of business which applicant proposes to operate: On-Sale Alcoholic Beverage
Operating Agreements and On-Sale Malt Beverage and Wine Licenses may not be issued to
convenience grocery stores, gas stations, or other stores where groceries or gasoline are
sold unless it can be established that minors do not regularly frequent the establishment.
b) The manner in which the business is operated: On-Sale Alcoholic Beverage Operating
Agreements and On-Sale Malt Beverage and Wine Licenses may not be issued to
establishments which are operated in a manner which results in minors regularly frequenting
the establishment.
c) The extent to which minors are employed in such a place of business: On-Sale Alcoholic
Beverage Operating Agreements and On-Sale Malt Beverage and Wine Licenses may not be
issued to convenience grocery stores, gas stations, or other stores where groceries or
gasoline are sold and which regularly employ minors.
d) The adequacy of the police facilities to properly police the proposed location: The City
Council shall inquire of the Police Chief whether the Police Department can adequately
police the proposed location.
e) Other factors: The hours that business is conducted shall be considered by the City
Council in its review of applications for on-sale alcoholic beverage operating agreements and
on-sale malt beverage and wine licenses.
Recommendation:
City of Brookings Printed on 11/3/2016Page 1 of 2
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File #:RES 16-088,Version:1
Staff recommends approval.
Attachments:
Resolution
Hearing Notice
Operating Agreement
City of Brookings Printed on 11/3/2016Page 2 of 2
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Resolution 16-088
Optimal Success, Inc., DBA 1000 Degrees Pizzeria
– Wine Operating Agreement
Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby
approves a Lease Agreement for the Operating Liquor Management Agreement for
Wine between the City of Brookings and Karl Larsen, owner, Optimal Success, Inc.,
DBA 1000 Degrees Pizzeria, for the purpose of a liquor manager to operate the On-
Sale Establishment or business for and on behalf of the City of Brookings at 770 22nd
Ave. So.
Be It Further Resolved that the City Manager be authorized to execute the Agreement
on behalf of the City, which shall be for a period of five (5) years, with a renewal for
another five (5) years.
Passed and approved this 8th day of November, 2016.
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
NOTICE OF PUBLIC HEARING
On-Off Sale Malt License and On-Off Wine License –
Optimal Success, Inc., DBA 1000 Degrees Pizzeria
NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of
Brookings, South Dakota, on November 8, 2016, at 6:00 p.m. in the Brookings City &
County Government Center Chambers, 520 Third Street, will meet in regular session to
consider an application for an On-Off Sale Malt License and an On-Off Sale Wine
License for Optimal Success, Inc., DBA 1000 Degrees Pizzeria, Karl Larsen, owner,
770 22nd Ave. So., Brookings, South Dakota, legal description: Lot 2, Brookings Mall
Addition. At which time and place all persons interested will be given a full, fair and
complete hearing thereon.
Dated at Brookings, South Dakota, this 28th day of October, 2016.
Shari Thornes, City Clerk
Published time(s) at an approximate cost $ .
On-Off Sale Wine Operating Agreement
Optimal Success, Inc., DBA 1000 Degrees Pizzeria
THIS AGREEMENT made and entered into by and between the City of Brookings, a
municipal corporation of the State of South Dakota, hereinafter referred to as the “City”
and Optimal Success, Inc., DBA 1000 Degrees Pizzeria (Karl Larsen, owner)
hereinafter referred to as “Manager.”
WITNESSETH;
WHEREAS, the City has been issued an on-sale alcoholic beverage license and is
engaged in the sale of alcoholic beverages, and
WHEREAS, the City desires to enter into an Operating Agreement on a limited basis
with the Manager for the purpose of operating an on-off sale establishment or business
for and on behalf of the City pursuant to law, and
WHEREAS, the Manager has offered to have facilities in which to operate said on-off
sale establishment solely upon the premises hereinafter described.
NOW, THEREFORE IT IS MUTUALLY AGREED AS FOLLOWS:
I.
This Agreement is made and entered into on a limited basis between the parties hereto
allow the Manager to operate a retail on-off sale premises, pursuant to and in
accordance with all of the terms and conditions of this Agreement in accordance with all
State laws and City Ordinances now in effect and as may be enacted in the future.
II.
The Manager shall be individually responsible for all operating expenses of said on-off
sale establishment, including but not limited to utilities, taxes, insurance, and license
fees, if any.
The Manager shall furnish all equipment and fixtures necessary to operate the
establishment.
III.
The on-off sale establishment shall be located upon real estate in the City of Brookings,
South Dakota, described as:
Lot 2, Brookings Mall Addition.
IV.
The Manager shall dispense only alcoholic beverages supplied by the Municipal Off-
Sale Establishment.
V.
This Agreement shall be in full force and effect for a period of five (5) years with the
Manager having the option and privilege of a five (5) year extension, subject to the
approval of the governing body of the City of Brookings.
VI.
Either the Manager or the City may terminate this Agreement without cause upon ninety
(90) days written notice served by either party upon the other. The City reserves the
right to immediately suspend or revoke this Agreement without ninety (90) days written
notice for alcohol related violations in accordance with the provisions of Resolution No.
25-88 or any amendments thereto or for any late payments for alcoholic beverages
supplied by the Municipal Off-Sale Establishment to be sold on the premises of
Manager.
VII.
The Manager shall receive as full compensation for its services rendered, the net profit
from the on-off sale establishment under its management, and the sole profit to be
derived by the City shall be the markup hereinafter set forth on alcoholic beverages
furnished by the municipality to the Manager for the purposes of resale on the premises
as above described.
VIII.
The Manager shall pay to the City for all alcoholic beverages sold by the City to the
Manager for resale on the above-described premises, the actual cost of distilled spirits
and wine supplied by the City, plus eleven percent (11%) in excess of such cost; the
Manager shall pay to the City for all malt beverages sold by the City to the Manager for
resale on the above-described premises, the actual cost of malt beverages, plus ten
percent (10%) in excess of such cost. The actual cost shall include cost price and
transportation charges. The markup percentages provided in this Agreement are
subject to change by the City of Brookings. In the event markup percentages are
changed by Ordinance, then the markup percentages provided by City Ordinance shall
supercede the markup percentages provided herein. The Manager further agrees that if
either of the markup percentages shall be increased at any time by the City, the
Manager shall pay the markup as so increased.
IX.
A complete and detailed record shall be maintained by the City of all alcoholic
beverages supplied to the on-sale Manager and such alcoholic beverages so supplied
shall be evidenced by prenumbered invoices prepared in triplicate showing the date,
quality, brand, size, and actual cost of such item, and such invoice shall bear the
signature of the authorized representative of the on-sale Manager or its authorized
representative. One copy thereof shall be retained by the Municipal off-sale
establishment, one copy shall be retained by the on-sale establishment, and one copy
shall be filed with the City Clerk. All copies shall be kept as permanent records and
made available for reference and audit purposes. The Manager also agrees to maintain
a complete record of all alcoholic beverages received from the City.
X.
In consideration of the covenants herein contained, the Manager agrees to pay the
CITY OF BROOKINGS, Three Hundred and Twenty-Five Hundred, and no/100 Dollars
($325.00), constituting the Annual License Fee on or by 1st day of June of each year
thereafter as long as this agreement shall remain in force and effect. The payment of
the Annual Renewal License Fee will not extend the term of this Operating Agreement
beyond the term provided therein. The Manager further agrees that if the annual fee
shall be increased at any time by the legislature, the Manager shall pay the amount of
any such increase.
XI.
The Manager agrees to keep the premises in a neat, clean and attractive appearance,
and Manager further agrees to operate said on-sale establishment only on such days
and at such hours as permitted by state law and city ordinances.
XII.
The Manager shall have the right to return, at any time, alcoholic beverages received
from the City and to receive in return any deposit made for such alcoholic beverages; in
the event of termination of the business, all unused alcoholic beverages, which may be
resold without discount may be returned to the City and the Manager shall be
reimbursed for the of such alcoholic beverages.
XIII.
The Manager agrees to abide by the credit policies of the City and acknowledges, by
execution of this Agreement, receipt of a copy of the credit policies of the City. The City
reserves the right to change or terminate its credit policies at any time, but shall be
required to provide written notice to Manager prior to the effective date of the change or
termination date of the credit policies.
XIV.
The Manager agrees to furnish the City upon demand, evidence of payment of the
following:
A. All salaries of on-off sale employees;
B. Social Security and withholding taxes on said employees;
C. Worker’s Compensation insurance premiums covering said employees;
D. Unemployment taxes on the payrolls of said employees;
E. General liability insurance protecting both the City and the Manager against
claims for injury or damages to persons or property, said policy to have general
liability limits of at least Five Hundred Thousand Dollars ($500,000.00) single
limit, and One Million Dollars ($1,000,000.00) aggregate, and a limitation of Fifty
Thousand Dollars ($50,000.00) for damage to property. The general liability
insurance limits are subject to change and Manager agrees to change limits of
insurance if required by the City;
F. Rent and utility bills;
G. Any and all miscellaneous expenses, including taxes.
XV.
The Manager agrees to observe all Federal and State laws and ordinances of the City
of Brookings.
XVI.
The City covenants and agrees to furnish the on-sale license to Manager pursuant to
the terms and conditions of this Operating Agreement and the terms and conditions of
the on-off sale license.
XVII.
The City shall have the right to make inspections and investigations of the premises
during the hours of operation, and make audits and examinations of the records of the
Manager relating to the on-off sale establishment.
XVIII.
It is further specifically understood and agreed that the waiver of the rights of the City
under this Agreement shall not constitute a continuous waiver, and any violation or
breach of the terms of this Agreement by the Manager shall constitute a separate and
distinct offense and grounds for immediate termination and revocation of this
Agreement.
XIV.
This agreement shall not be assignable to another person or location without the written
consent of the City.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement this 8th day
of November, 2016.
CITY OF BROOKINGS, South Dakota
A Municipal Corporation
By:
ATTEST:Jeffrey W. Weldon, City Manager
Shari Thornes, City Clerk
MANAGER
By:
By:
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ORD 16-022,Version:2
Public Hearing and Action on Ordinance 16-022, an Ordinance amending the Requirements for
Campaign Financing Disclosures in the City of Brookings, South Dakota.
Summary:
This amendment would require all municipal ballot question committees comply with the City’s
campaign finance disclosure requirements.
Background:
This Ordinance would require all municipal ballot question committees comply with the City’s
Campaign Finance Disclosure Requirements. A Municipal Ballot Question Committee is defined “as
a person or organization that raises, collects or disburses contributions for the placement of a
municipal ballot question on the ballot or the adoption or defeat of any municipal ballot question. A
Municipal Ballot Question Committee is not a person, political committee or political party that makes
a contribution to a Municipal Ballot Question Committee. A Municipal Ballot Question Committee is
not an organization that makes a contribution to a Municipal Ballot Question Committee from treasury
funds.”
City Attorney Steven Britzman prepared draft Ordinance 16-022 pursuant to a request from Mayor
Tim Reed. Britzman reviewed State law and Sioux Falls’ Campaign Financing Disclosure Ordinance
to make these changes. The filing requirements, contribution amounts, deadlines, disclosure
statement, and forms would be identical with the candidate campaign finance requirements.
Recommendation:
Staff recommends approval.
Attachments:
Ordinance
Current City of Brookings Campaign Finance Reporting Guidelines
City of Brookings Printed on 11/3/2016Page 1 of 1
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Ordinance 16-022
An Ordinance Amending the Requirements for Campaign Financing
Disclosures in the City of Brookings, South Dakota.
Be It Ordained by the City of Brookings, that the Code of Ordinances of the City of
Brookings be amended to read as follows:
I.
Sec. 2-35. - Campaign financing disclosure requirements for mayor and council member
candidates and municipal ballot questions.
(i) Filing Requirements; Time for Filing. Any candidate or candidate's committee for
the positions of mayor or council member or municipal ballot question committee
shall file seven days before any election a detailed statement, complete through the
tenth day before the election, of all valuable consideration received, obligated, or
paid by the candidate or committee or by persons authorized by the candidate or
committee or by a municipal ballot question committee. The requirements of this
ordinance shall also apply to any person raising, collecting or disbursing money for
the adoption or defeat of any municipal ballot question submitted to the voters at any
election unless the person is engaging in these activities on behalf of a municipal
ballot question committee.
(ii) Contents of Disclosure Statement. The statement shall itemize all contributions
and expenditures, and for contributions in an aggregate amount of more than
$100.00 in that calendar year or the equivalent of in-kind contributions, or a
combination of cash and in-kind contributions exceeding $100.00 in a calendar year,
the report shall include the name and residence address of any person who
contributed an aggregate amount of more than $100.00 or the equivalent thereof in
that calendar year. If any candidate has no opposition, neither the candidate nor the
candidate's committee is required to file a post-election statement.
(iii) Post-election Filing Requirements. A candidate or candidate's committee and
municipal ballot question committee shall each file a post-election statement within
45 days following the election, which shall include the disposition of all funds and
payment of all obligations. If any candidate has no opposition, neither the candidate
nor the candidate's committee is required to file a post-election statement.
(iv) Definition of Municipal Ballot Committee. A municipal ballot question committee
is a person or organization that raises, collects or disburses contributions for the
placement of a municipal ballot question on the ballot or the adoption or defeat of
any municipal ballot question. A municipal ballot question committee is not a person,
political committee or political party that makes a contribution to a municipal ballot
question committee. A municipal ballot question committee is not an organization
that makes a contribution to a municipal ballot question committee from treasury
funds.
(v) Forms. Forms to report the information required by this ordinance are available at
the Brookings City & County Government Center.
II.
Any or all ordinances in conflict herewith are hereby repealed.
First Reading:October 11, 2016
Second Reading:November 8, 2016
Published:November 11, 2016
CITY OF BROOKINGS, SD
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
1
CITY OF BROOKINGS, SOUTH DAKOTA
CAMPAIGN FINANCE REPORTING GUIDELINES
City Ordinance No. 23-06 requires candidates for office and/or committees to file statements
of receipts and expenditures pursuant to South Dakota Codified Law.
Section 1:WHO MUST FILE.
A.Candidates for Mayor.
B.Candidates for Council Member.
C.Political or citizens' committees supporting or approving candidates.
Section 2:TYPES OF REPORT(S).
A.Pre-Election Report.
B.Post-Election Report.
Section 3:REPORTING EXEMPTION.
If any candidate has no opposition, neither the candidate nor the candidate's committee is
required to file a post-election statement. However, a pre-election statement is required.
Section 4:WHERE TO FILE.
Any candidate and/or committee supporting a candidate for any municipal office at any annual
or secondary election shall file with the City Clerk's Office, Brookings City & County
Government Center, 520 Third Street, Suite 230, Brookings, SD 57006.
Section 5:WHEN TO FILE.
A.Pre-Election Report:No later than 7 days prior to the Election
B.Post-Election Report:Within 45 days after the Election
Section 6:WHAT TO FILE.
The following reports must be filed with the Brookings City Clerk at the address listed above.
Schedule A:Cover Sheet
To be used in completing information on the candidate or committee including name,
address, office sought, name of person making report, type of reports filed, and reporting
period of the reports. Complete fully and submit with original signatures. The
verification should be signed by the person who is responsible for the information
contained in the report.
Schedule B:Direct Contributions
To be used to list all un-itemized contributions of $100 or less.
To be used to list all contributions received in an aggregate amount of more than
$100 shall be itemized and include name and residence address.
To be used to list all itemized contributions of any amount from committees
supporting a candidate or candidates for the office of Mayor or City Council member.
Section C:In-Kind Contributions
To be used to list the nature of the non-cash contribution, the contributor's name and
residence address, and estimated value of the contribution.
2
Schedule D:Fund Raising Event Proceeds
To be used to list the type of event held and the amount of the net proceeds. List the
net proceeds of each fund-raiser in this section.
Schedule E:Other Income
To be used to report any refunds, interest earned, or other income which is not a direct
contribution.
Schedule F:Expenditures
To be used to list the name, address, type of service, and amount of expenditure.
Schedule G:Debts and Obligations
To be used to list who the debt and/or obligation is owed to, the purpose, and the
amount of the obligation.
Schedule H.Summary Sheet/Final Report
This is the summary sheet to be used for the Pre-Election Report and Post-Election
Report itemizing the amount of money on hand at the end of the reporting period.
Section 7:LIMITATIONS ON CONTRIBUTIONS
A.Contributions from Organizations:
No organization may make a contribution to any candidate, political action committee or
political party (SDCL 12-27-18). You may call the Brookings City Attorney (697-9058) or
the Secretary of State’s office (773-4845) to determine if a potential donor is an
organization.
The term “organization” is defined broadly in the campaign finance statues. Essentially it
means a corporate entity, partnership, association, club, labor union, or any entity
organized in a corporate form under federal law or the laws of this state, or any group of
persons acting in concert which is not defined as a political committee or political party.
Organizations, as defined in the law, may not make contributions to any candidate
campaign committee, political action committee, or political party or make any
independent expenditure expressly advocating the election or defeat of a candidate.
An organization may make unlimited contributions to any ballot question committee
organized solely for the purpose of influencing an election on a ballot question and
unlimited independent expenditures for the placement of a ballot question on the ballot
or the adoption or defeat of a ballot question.
An organization may also create and administer a political action committee.
B.Individual Contributions:
No individual may contribute more than $1,000 to or on behalf of any political party in
any calendar year. (SDCL 12-27-8)
C.Contributions by Candidate or a Candidate’s Family Member:
There is no limit on the amount any candidate or candidate's immediate family may
contribute to that candidate campaign committee (SDCL 12-27-8). Third degree of
3
kinship includes parent, child, grandparent, brother, sister, grandchild, aunt, uncle,
nephew, niece, great grandparent and great grandchild. (SDCL 12-27-1)
D.Contributions from Candidate Campaign Committee, Political Action Committees (PAC),
or Political Parties:
If the contributor is a person, no candidate for legislative or county office or the
candidate’s campaign committee may accept any contribution which in the aggregate
exceeds one thousand dollars any calendar year. A candidate campaign committee may
accept contributions from any candidate campaign committee, political action committee,
or political party. The limitation on any contribution from a person in this section does
not apply to any contribution by the candidate or the candidate’s immediate family.
(SDCL 12-27-8)
E.Auctions and Raffles
Candidates and political committees occasionally conduct fundraising auctions or raffles
pursuant to SDCL 22-25-25. These fundraisers present a unique challenge in complying
with campaign finance law. Some key points to keep in mind:
Corporations and associations may not contribute items to be auctioned or raffled.
The value of items donated for an auction or raffle would count toward a
contributor's limit.
The price paid for the purchase of an auctioned item may count toward a
contributor's limit. If the price paid exceeds the fair market value of the item, the
amount that exceeds the fair market value would be considered a contribution.
If you have questions on the legality of auctions and raffles as they relate to
contribution limits, please consult your legal counsel.
Section 8:ADVERTISING DISCLAIMERS
Any printed material or communication made by a political committee or political party that
expressly advocates must prominently display or clearly speak the statement: “Paid for by
(Name of candidate, political committee, or political party).” This requirement does not apply
to buttons, balloons, pins, pens, matchbooks, clothing, or similar small items upon which the
inclusion of the statement would be impracticable.
Any person or organization which makes an independent expenditure that expressly advocates
shall include a disclaimer which identifies the person or organization making the expenditure,
the address or website of that person or organization, and a statement “that the
communication is independently funded and not made in consultation with any candidate, party,
or political committee.”
Any person or organization which makes an independent expenditure within 60 days of an
election that identifies a candidate or public officeholder but does not expressly advocate shall
include a disclaimer which identifies the person or organization making the expenditure and the
address or website of that person or organization. (SDCL 12-27-15 & 16)
4
Examples for print or television would include:
Paid and authorized by the South Dakota Freedom Party, John Doe, Treasurer, Box 000,
Brookings, SD 57006
Authorized by Jean Doe, Box 000, Brookings, SD 57006; paid for by John Doe, Box 000,
Brookings, SD 57006
Paid and authorized by Jane Doe, Box 000, Brookings, SD 57006
Examples for radio would be:
Paid and authorized by Joe Doe for Mayor Committee, Jane Doe, Treasurer
Paid and authorized by Jack Doe
Authorized by Jean Doe; Paid for by John Doe
Section 9:EXPLANATION OF TERMS USED
Aggregate Contribution -- The term "aggregate" is used several times in the Code to
indicate when a candidate or committee has to report the name of an individual contributor. If
a contributor gives a candidate $50 on one date and $75 on another, he has contributed an
aggregate of $125 and the contributor's name, address, and place of employment must be
reported by the committee receiving the contribution. If the first contribution was included in
an earlier report, only the amount of subsequent contributions needs to be itemized. The
aggregate total should be reported in parentheses ($125) following the itemized amount of $75.
Section 10:POLITICAL ACTION COMMITTEES
Registration of a political committee is now required. Please contact the Secretary of State
Office for further information. Every Political committee must be registered not later than
fifteen days after the date upon which the committee made contributions, received
contributions, or paid expenses in excess of five hundred dollars unless such activity falls within
30 days of any statewide election in which case the statement of organization shall be filed
within 48 hours. Any candidate for public office shall organize a candidate campaign committee
not later than 15 days after becoming a candidate and shall file a statement of organization.
The candidate or treasurer of a political committee shall file an updated statement of
organization not later than 15 days after any change in the information contained on the most
recently filed statement of organization.
A political committee that regularly files a campaign finance disclosure statement with the
Federal Election Commission is not required to file a statement of organization or any other
statement required by South Dakota’s campaign finance regulations.
Section 11:POLICY ON EXAMINATION OF CAMPAIGN FINANCE RECORDS
All City of Brookings election related filings may be examined during regular office hours in the
office of the City Clerk, Brookings City & County Government Center, 520 Third Street, Suite
230, Brookings, SD 57006.
No information on contents of reports will be given out over the telephone. It will be
necessary for anyone wanting specific information to view the reports and extract the
information desired.
5
All campaign finance filings can be viewed on the City of Brookings home website page at
www.cityofbrookings.org.
Section 12.PROHIBITED COMMERCIAL USE OF CAMPAIGN FINANCE
REPORT INFORMATION
The City of Brookings specifically prohibits the commercial use of any information obtained
from a campaign finance report. Information copied from any report or statement may not be
used or sold for solicitation purposes. (SDCL 12-25-34 and 12-27-33)
6
ORDINANCE NO. 23-06
An Ordinance Establishing Requirements For Campaign Financing Disclosures For
Candidates For Mayor And Council Member Positions In The City Of Brookings, South Dakota.
BE IT ORDAINED BY THE CITY OF BROOKINGS, THAT THE CODE OF
ORDINANCES OF THE CITY OF BROOKINGS BE AMENDED TO READ AS FOLLOWS:
I.
Campaign Financing Disclosure Requirements for Mayor and Council Member
Candidates.
(a) Any candidate or candidate's committee for the positions of Mayor or Council
Member shall file seven days before any election a detailed statement, complete through the
tenth day before the election, of all valuable considerations received, obligated, or paid by the
candidate or committee or by persons authorized by the candidate or committee. The
statement shall itemize all contributions and expenditures, and for contributions in an aggregate
amount of more than One Hundred Dollars ($100.00) in that calendar year or the equivalent of
in-kind contributions, or a combination of cash and in-kind contributions exceeding One
Hundred Dollars ($100.00) in a calendar year, the report shall include the name and residence
address of any person who contributed an aggregate amount of more than One Hundred
Dollars ($100.00) or the equivalent thereof in that calendar year. If any candidate has no
opposition, neither the candidate nor the candidate's committee is required to file a post-
election statement.
(b) A candidate or candidate's committee shall file a post-election statement within forty-
five days following the election, which shall include the disposition of all funds and payment of
all obligations. If any candidate has no opposition, neither the candidate nor the candidate's
committee is required to file a post-election statement.
(c) Forms to report the information required by this ordinance shall be available at City
Hall.
II.
Any or all ordinances in conflict herewith are hereby repealed.
First Reading:June 13, 2006
Second Reading June 27, 2006
Published June 30, 2006
CITY OF BROOKINGS
__________________________
Scott D. Munsterman, Mayor
ATTEST:
________________________________
Shari Thornes, Brookings City Clerk
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ORD 16-023,Version:2
Public Hearing and Action on Ordinance 16-023, an Ordinance establishing procedure for Revisions
and Amendments to Ordinances following First Readings.
Summary:
Ordinance 16-023 was prepared to address the requirements and provide clarification of South
Dakota House Bill No. 1218, which went into effect July 1, 2016. It states any ordinance which is
revised or amended at any time after the first reading may not be considered for final adoption until at
least five days after a duly noticed public meeting of the governing body unless the revision or
amendment does not substantially alter the substance of the ordinance. Revisions or amendments
which are not considered to be substantial alterations of the ordinance are form and style changes to
the ordinance, including spelling, punctuation, typography, and format changes which do not alter the
substance or content of the ordinance.
Recommendation:
Staff recommends approval.
Attachments:
Ordinance
City Attorney Memo
City of Brookings Printed on 11/3/2016Page 1 of 1
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Ordinance 16-023
An Ordinance Establishing Procedure for Revisions and Amendments to
Ordinances following First Readings.
Be It Ordained by the Governing Body of the City of Brookings, South Dakota, as
follows:
I.
Sec. 2-36. – Amendments and Revisions Subsequent to First Reading of Ordinance
Any ordinance which is revised or amended at any time after the first reading may not
be considered for final adoption until at least five days after a duly noticed public
meeting of the governing body unless the revision or amendment does not substantially
alter the substance of the ordinance. Revisions or amendments which are not
considered to be substantial alterations of the ordinance are form and style changes to
the ordinance, including spelling, punctuation, typography, and format changes which
do not alter the substance or content of the ordinance.
II.
Any and all other ordinances in conflict herewith are hereby repealed.
First Reading:October 11, 2016
Second Reading:November 8, 2016
Published:November 11, 2016
CITY OF BROOKINGS, SD
___________________________
Tim Reed, Mayor
ATTEST:
___________________________________
Shari Thornes, City Clerk
Memorandum
To: Jeff Weldon, City Manager and Shari Thornes, City Clerk
From: Steven J. Britzman, City Attorney
Date: September 26, 2016
Re: Proposed Ordinance addressing House Bill 1218 requirements
I would propose that the following provision be adopted as an ordinance to address the
requirements of House Bill 1218. My Memo of July 11, 2016 provides background
information pertaining to this issue.
Any ordinance which is revised or amended at any time after the first reading may not
be considered for final adoption until at least five days after a duly noticed public
meeting of the governing body unless the revision or amendment does not substantially
alter the substance of the ordinance. Revisions or amendments which are not considered
to be substantial alterations of the ordinance are form and style changes to the ordinance,
including spelling, punctuation, typography, and format changes which do not alter the
substance or content of the ordinance.
Steven J. Britzman
Brookings City Attorney
521 Sixth Street, Suite 104 Telephone (605) 697-9058
Brookings, South Dakota 57006 Facsimile (605) 697-9060
_____________________________________________________________
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 2016-0714,Version:1
Action on a Preliminary Plat for Lots 1-59 in Block 1, Reserve Second Addition (located south of 15 th
Street South and north of the Windermere Point Addition in an R-3 District).
Summary:
The applicant is seeking Preliminary Plat approval of 59 lots for single-family homes within a
proposed Large Scale Residential Development.
Background:
The vacant property is located south of 15th Street South and north of the Windermere Point Addition
in an R-3 District. The access will be provided by an extension of Christine Avenue to the south. The
property is surrounded by wetlands to the south and east. The Preliminary Plat shows each
individual single-family home being a lot with the remainder of the land being common space. The
density is 2.95 units per acre and the R-3 District allows up to 24 dwelling units per acre.
The homeowner’s association will be responsible for the common space and private streets within
the development. The development includes a club house and several parking areas for guest and
visitor parking. In order to insure each lot is the exact footprint of the home, the foundations will be
constructed prior to submitting a Final Plat. The applicant is planning to construct the development in
phases and has submitted a Final Plat establishing the overall project boundary.
Due to the unique nature of the proposed development, the applicant is proposing a Large Scale
Residential Development to offer flexibility within the Subdivision Regulations and Zoning Ordinance.
The applicant is proposing the following variations:
1.Only single-family homes will be allowed.
(ordinance allows single-family, two-family, apartments, etc.)
2.No minimum lot area or lot width.
(ordinance requires 6,000 square foot minimum lot area with a 50-foot lot width)
3.Side yard setbacks shall be 10 feet between buildings side to side minimum.
(ordinance requires 7-foot side yard setback)
4.Interior rear yard setbacks shall be 25 feet between buildings rear to rear minimum.
(ordinance requires 25-foot rear yard setback)
5.Front yard setbacks shall be 20-foot minimum from back of the curb.
(ordinance requires 20-foot front yard setback)
6.Roadways shall be 26 foot back of curb to back of curb with a 50-foot Access and Utility
Easement centered on the roadway centerline.
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File #:ID 2016-0714,Version:1
(ordinance requires 28 feet pavement width for private streets)
7.Perimeter setbacks shall be 25 feet from the property line.
(ordinance requires minimum perimeter setbacks to be adhered to in the Large Scale
Development section. The proposal meets the ordinance requirements.)
Staff Recommendations:
1.Applicant shall provide a Maintenance Agreement for all common area for review and shall be
filed with the Final Plat for Block 1 of Reserve Second Addition.
2.The Grading and Drainage Plans shall be reviewed and approved by the City Engineering
Department prior to recording the Final Plat for Block 1 of the Reserve Second Addition.
City Engineer’s Comments:
There are no additional drainage requirements for the proposed preliminary plat. I concur with the
above staff recommendations.
Planning Commission Recommendation:
Planning Commission voted 6-0 to recommend approval of the Preliminary Plat for Lots 1-59, in
Block 1, Reserve Addition, subject to Staff Recommendations.
Attachments:
Minutes
Notice
Preliminary Plat
Exhibit
City of Brookings Printed on 11/3/2016Page 2 of 2
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Planning Commission
Brookings, South Dakota
October 4, 2016
OFFICIAL MINUTES
Drew and Murphy recused themselves.
Item #4c –CD Properties LLC has submitted a preliminary plat on Lots 1-59 in Block 1,
Reserve Second Addition
(Pierce/Johnson) Motion to approve the preliminary plat as presented with the staff
recommendations noted in the staff report. All present voted aye. MOTION CARRIED.
OFFICIAL SUMMARY
Item #4c–This is a preliminary plat of 59 lots in the Reserve Second Addition for
single-family homes within a proposed Large Scale Residential Development. The
proposed development is currently zoned Residential R-3. Access will be provided by
an extension of Christine Avenue from the south. The homeowner’s association will be
responsible for the common space and private streets within this development. Due to
the unique nature of the development, the applicant is proposing a Large Scale
Residential Development to offer flexibility within the Subdivision Regulations and
Zoning Ordinance. City Staff is recommending a Maintenance Agreement for all
common area for review and shall be filed with the Final Plat. And also the Grading and
Drainage Plans shall be reviewed and approved by the City Engineering Department
prior to recording the Final Plat. Drew explained that the development will be twin
homes that will be sold separately. Aiken questioned the greenspace and if there will
be tree plantings included with this development. Drew stated yes, but they do not have
a final plan for the greenspace and landscaping yet, they will submit this when available.
Tornquist asked if these single family homes would have the opportunity to be
converted to multiple family dwelling units. Struck stated that the applicant is proposing
that these will remain single family dwellings. Tornquist also wondered if the City is on
board with the narrower streets and is there a time that these streets would be turned
over to the City. Bungard explained that they do not anticipate that the streets will be
turned over once they are designated as private streets. Bungard also noted that they
spoke with the City Engineer’s office about the safety with the access to this area and
there were no concerns. Tornquist is also concerned about adequate parking in this
development. Struck stated that the city is comfortable with the parking. And on-street
parking will not be allowed. The developer is planning to have parking pads placed
within the development which will allow for an additional 6 parking spaces. And the City
will not be interested in taking over these streets in the future since the streets do not
meet the City’s street width standards and the right of way doesn’t meet City standards
either. Heuton did also want to make note that the developer is planning to install 3 car
garages which should help with any on-street parking.
If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act,
please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting.
Published ______ time(s) at an approximate cost of $ _____________.
NOTICE OF HEARING
UPON AN APPLICATION
FOR APPROVAL OF A
PRELIMINARY PLAT
NOTICE IS HEREBY GIVEN That CD Properties, LLC, has submitted an application
for approval of a Preliminary Plat on the following described real estate:
Lots 1-59 in Block 1, Reserve Second Addition
Said application will be acted on by the City Planning Commission at 5:30 PM on
Tuesday, November 1, 2016, in the Chambers Room on the third floor of the Brookings City
and County Government Center at 520 Third Street, Brookings, SD. Any action taken by the
City Planning Commission is a recommendation to the City Council.
Any person interested may appear and be heard in this matter.
Dated this 21st day of October, 2016.
____________________________
Staci Bungard
City Planner
BLOCK 2NELSON 4TH
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DESIGNED BY:CHECKED BY:DRAWN BY:DATE:JOB No.:PROJECT / SHEET TITLE :
REV.DATE DESCRIPTIONSHEET No. : www.bannerassociates.com - Toll Free: 1.855.323.63421"1/2"0SCALE REDUCTION BARJDBBJWJDBOCTOBER 201622027.01LARGE SCALE RESIDENTIAL DEVELOPMENT
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1 OF 2PRELIMINARY PLATLOTS 1-59 IN BLOCK 1, RESERVE SECOND ADDITION AN ADDITION TO THE CITY OF BROOKINGS, BROOKINGS COUNTY, SOUTH DAKOTA160'80'040'80'HORIZONTAL DATUM: - NAD 83 - COORD. SYSTEM: U.S. STATE PLANE 1983 - ZONE: SOUTH DAKOTA NORTH (4001)VERTICAL DATUM: - NAVD 88 - GEOID 03ALL DIMENSIONS SHOWN ARE INTERMS OF U.S. SURVEY FEET2.5'2.5'10.5'10.5'8" BASE COURSE4" ASPHALTTYPICAL SECTION26'LEGENDMONUMENT (FOUND)EXISTING CONTOURS1600EXISTING PROPERTY LINENEW WATER LINEWNEW SANITARY LINESNEW DROP INLETNEW SANITARY MANHOLENEW WATER VALVENEW FIRE HYDRANTNEW CURB STOPSPROPOSED CONTOURS1600NEW STORM LINESWETLAND BOUNDARYNEW STORM FLARED ENDOWNER: CD PROPERTIES LLC. 302 32ND AVE S BROOKINGS, SD 57006FLOOD ZONE DESIGNATION: ZONE XNAT'L FLOOD INSURANCE PROGRAM MAPPANEL NO. 46011C0445CDATE: JULY 16, 2008LAND AREA: 872,209± S.F. (20.0± ACRES)PROPERTY INFORMATIONVARIATIONS FROM STANDARD R-3 ZONING REGULATIONSONLY SINGLE FAMILY DWELLINGS ALLOWED.NO MINIMUM LOT AREA AND LOT WIDTH.SIDE YARD SETBACKS SHALL BE 10' BETWEEN BUILDINGS SIDE TO SIDEMINIMUM.INTERIOR REAR YARD SETBACKS SHALL BE 25' BETWEEN BUILDINGS REARTO REAR MINIMUM.FRONT YARD SETBACKS SHALL BE 20' MINIMUM FROM BACK OF CURB.ROADWAYS SHALL BE 26' BACK OF CURB TO BACK OF CURB WITH A 50'ACCESS AND UTILITY EASEMENT CENTERED ON THE ROADWAYCENTERLINE.25' PERIMETER SETBACKZONING REGULATIONS:SINGLE-FAMILYDWELLING6,00050 FEET20 FEET7 FEET25 FEET35 FEETPER UNIT DENSITYSQ. FT.MIN. LOTAREA SQ. FT.MIN. LOTWIDTHMIN. FRONTYARDMIN. SIDEYARDMIN. REARYARDMAX.HEIGHTR-3 APARTMENT DISTRICTCH
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RESERVE SECOND ADDITION
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2 OF 2PRELIMINARY PLATLOTS 1-59 IN BLOCK 1, RESERVE SECOND ADDITION AN ADDITION TO THE CITY OF BROOKINGS, BROOKINGS COUNTY, SOUTH DAKOTA160'80'040'80'HORIZONTAL DATUM: - NAD 83 - COORD. SYSTEM: U.S. STATE PLANE 1983 - ZONE: SOUTH DAKOTA NORTH (4001)VERTICAL DATUM: - NAVD 88 - GEOID 03ALL DIMENSIONS SHOWN ARE INTERMS OF U.S. SURVEY FEET2.5'2.5'10.5'10.5'8" BASE COURSE4" ASPHALTTYPICAL SECTION26'LEGENDMONUMENT (FOUND)EXISTING CONTOURS1600EXISTING PROPERTY LINENEW WATER LINEWNEW SANITARY LINESNEW DROP INLETNEW SANITARY MANHOLENEW WATER VALVENEW FIRE HYDRANTNEW CURB STOPSPROPOSED CONTOURS1600NEW STORM LINESVACATED PROPERTY LINENEW STORM FLARED ENDOWNER: CD PROPERTIES LLC. 302 32ND AVE S BROOKINGS, SD 57006FLOOD ZONE DESIGNATION: ZONE XNAT'L FLOOD INSURANCE PROGRAM MAPPANEL NO. 46011C0445CDATE: JULY 16, 2008LAND AREA: 872,209± S.F. (20.0± ACRES)PROPERTY INFORMATIONCH
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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 2016-0713,Version:1
Action on an Industrial I-1R District Site Plan for Lot 1, Block 7, Wiese Addition (Medgene Labs;
located along 32nd Avenue).
Summary:
The applicant is proposing to construct a 2,016 square foot building for additional research and lab
space associated with a light manufacturing use.
Background:
The 4.86-acre property is located along 32nd Avenue and is currently zoned I-1R. The additional lab
and research space is needed to advance the business. City staff has worked with the applicant to
issue a footings and foundation permit for the building so it can be started prior to adverse winter
weather conditions. The applicant understands the foundation is being completed at his or her own
risk as the Site Plan is not approved.
Development in the I-1R District requires a Site Plan to be reviewed and approved by the Planning
Commission and City Council. Staff has determined the setbacks and 35 percent lot coverage
requirements are met. The property is served by two existing access points off 32 nd Avenue and the
parking area is already sufficient. The building will not trigger any additional landscaping at this time.
No outdoor storage or additional loading docks are proposed with this development.
The applicant is proposing a rezoning of the property from I-1R to I-1 as future development is
planned and the 35 percent lot coverage maximum is met with this project.
City Engineer’s Comments:
There are no drainage requirements for the I-1R Site Plan approval. The developer has an engineer
currently working on the Drainage Plan Amendment, which will be required before the City issues a
building permit for the work. However, this would not affect the I-1R Site Plan.
Planning Commission Recommendation:
The Planning Commission voted 8-0 to recommend approval of the I-1R Site Plan for Lot 1, Block 7,
Wiese Addition.
Attachments:
Minutes
Notice
Site Plan
Map
City of Brookings Printed on 11/3/2016Page 1 of 1
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Planning Commission
Brookings, South Dakota
October 4, 2016
OFFICIAL MINUTES
Item #4f –Midwest Micro-Tek LLC has submitted an application for approval of an I-1R
Site Plan on Lot 1, Block 7, Wiese Addition.
(Pierce/Johnson) Motion to approve the application. All present voted aye. MOTION
CARRIED.
OFFICIAL SUMMARY
Item #4f–The applicant is proposing to construct a 2,016 square foot building for
additional research and lab space. This 4.86-acre parcel is located along 32
nd Avenue
and is zoned I-1R. Development in the I-1R District requires approval by the Planning
Commission and also the City Council. It is determined that the setbacks and the 35%
lot coverage requirements are met. The property is served by two existing access
points off of 32nd Avenue and the parking is sufficient. The building will not trigger any
additional landscaping at this time. The City Engineer is requiring an amended
drainage plan be submitted prior to a building permit for the structure being issued.
Tornquist asked “do they currently meet the landscaping requirements?” Struck stated
yes, they have to choose to do their landscaping on the east side of this lot for better
future use of the property. Tornquist also wondered if there is additional work being
done other than this addition proposed. Jessica stated that they are installing additional
water and sewer from the existing building to the addition.
If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act,
please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting.
Published ______ time(s) at an approximate cost of $ _____________.
NOTICE OF HEARING
UPON AN APPLICATION
FOR APPROVAL OF
AN I-1R SITE PLAN
Midwest Micro-Tek, LLC, has submitted an application for approval of an I-1R site
plan on the following described real estate:
Lot 1, Block 7, Wiese Addition
Said application will be acted on by the City Planning Commission at 5:30 PM on
Tuesday, November 1, 2016, in the Chambers Room on the third floor of the Brookings City
and County Government Center at 520 Third Street, Brookings, SD. Any action taken by the
City Planning Commission is a recommendation to the City Council.
Any person interested may appear and be heard in this matter.
Dated this 21st day of October, 2016.
____________________________
Staci Bungard
City Planner
Medgene I-1R Site Plan - 1010 32nd Ave
.
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 2016-0667,Version:1
Discussion and possible action on the legal process for acquiring abandoned cemetery.
Summary:
At a previous City Council meeting, the Council requested City Attorney Steve Britzman to investigate
the legal process by which the City could acquire an abandoned cemetery.
Background:
The Prairie Cemetery is located on the northeast corner of 20th Street South and Western Avenue. It
is approximately three-quarter of an acre in size and located in the Indian Hills subdivision. Some
gravesites have been identified through the use of sonar-like technology. It is not known exactly how
many remains exist, but they are believed to be those of several early pioneer settlers to, or travelers
through, this area in the 1880s; some of whom may be children. The cemetery was owned by local
churches at one time, but the churches have long-since ceased to exist leaving no clear title of
ownership, heirs, or successors. The Master Gardeners Group has been tending to the basic
maintenance of the site and have also made some physical improvements. They are asking the City
to now assume ownership, maintenance, and overall financial responsibility of the cemetery.
City Attorney Steve Britzman’s legal research concludes the City can proceed with a quiet title action
since the property meets the legal definition of abandonment pursuant to SDCL 9-12-18, if the
Council so desires.
Fiscal Impact:
The property would need to be added to our property insurance coverage, which could slightly
increase our insurance premium, but will likely be minimal. Projected mowing, trimming, spraying,
and weed control costs are estimated annually at $1,155 excluding mobilization time. If the City is to
maintain perennial or annual plantings, this cost will increase significantly. If the Master Gardeners
would be willing to continue volunteering their services for such plantings, that would help offset such
labor costs. Unknown costs would be any future capital improvements and related maintenance
costs associated with such capital improvements which could be fencing, monuments, benches, or
other physical items.
Attachments:
City Attorney Memo
City of Brookings Printed on 11/3/2016Page 1 of 1
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Memorandum
To: Mayor Reed, Council Members, Jeff Weldon, City Manager and Shari Thornes, City
Clerk
From: Steven J. Britzman, City Attorney
Date: November 2, 2016
Re: Prairie Cemetery
Discussion concerning Title to Prairie Cemetery and brief discussion of
applicable law
I reviewed the 1884 Deed to the Prairie Cemetery Property, and found that the legal
description is clear, and provides as follows:
Commencing at a point on Section Line Twenty (20) Rods East of the
Southwest corner of the Southwest Quarter (SW¼) of Section Thirty-five
(35), Township One Hundred Ten (110) North of Range Fifty (50) West of
the 5th P.M., from thence North Eight (8) Rods from thence West Twenty
(20) Rods to Section line between Section Thirty-four (34) and Thirty-five
(35) thence South Eight (8) Rods thence east along Section line Twenty
(20) Rods to place of beginning containing one (1) acre more or less.
Additionally, I reviewed a subsequent Deed to H.E. Mills Construction Company in
1968, and the Cemetery property is carefully described and omitted from the legal
description, with the cemetery tract referred to as follows:
…except a tract eight (8) rods measured north and south and twenty
(20) rods east and west and located in the southwest corner of said
Southwest quarter and now used as a Cemetery, ….
As a result, unlike some title problems, we have a clearly defined legal description.
The problem lies, as most know, with the fact the Titleholder, namely “The Trustees of
the Medary Lutheran Synod Church” is no longer in existence. Based on conversations
and correspondence I have gathered from Pastor Wurm of Mt. Calvary Lutheran Church
and Mary De Leeuw, there is not an ownership connection between the titleholder from
the 1884 Deed and any current Lutheran Church or anyone else for that matter. From a
Steven J. Britzman
Brookings City Attorney
521 Sixth Street, Suite 104 Telephone (605) 697-9058
Brookings, South Dakota 57006 Facsimile (605) 697-9060
_____________________________________________________________
– 2 – NOVEMBER 2, 2016
legal standpoint, the cemetery would be considered an abandoned cemetery, and State
law would permit the City to assume responsibility for it under the following statute:
9-12-18 Power to maintain abandoned cemetery--Cemetery board--Funds.
9-12-18. Power to maintain abandoned cemetery--Cemetery board--
Funds. The governing body of any municipality may regulate and
maintain in a reasonable manner any abandoned cemetery, which
regulation and maintenance may include, but need not be limited to, the
mowing and cutting of weeds and grass, the repairing of fences and
corrective measures relative to grave markers. The governing body may
appoint a cemetery board of directors to manage such abandoned
cemeteries. The cemetery board shall have the same powers as nonprofit
corporations as provided in § 47-22-55 and shall submit annual reports to
the governing body on its activities. Funds necessary to carry out the
provisions of this section may be appropriated from the municipal general
fund.
The foregoing does not require the City to undertake the cemetery maintenance
obligations.
With respect to the fact title is held by an owner which is no longer in existence, there
would be a legal procedure to clear up the title record should the City decide to take on
the responsibility. By filing a Declaratory Judgment Action, the City could determine if
there are any parties who claim ownership and presumably there would not be any
claimants. The City could then request from the Court an Order that title be vested in the
City. Alternatively, a nonprofit organization interested in preserving the cemetery could
proceed to do the same thing.
Please let me know if you have any comments or questions. Thanks. Steve
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 2016-0689,Version:1
Discussion and possible action on Economic Development Tax Grant Incentive Program and
Application.
Summary:
Pursuant to Resolution 15-011, the Council previously adopted a policy to encourage economic
development involving a grant program to rebate some of the local sales tax paid on expenses
associated with private investment for a specific economic development project. Prior to adopting the
resolution, the Council used this tool for industrial economic development projects associated with
Bel Brands, USA and 3M. The program was then formalized through Resolution 15-011 and
expanded to other types of economic development such as commercial, service and retail. This
action would adopt the formal program guidelines and application process as authorized by
Resolution 15-011.
Background:
The Brookings Economic Development Commission developed and adopted the attached policy and
program application as a Board recommendation to the City Council. This document provides the
necessary details to implement the policy directives outlined in Resolution 15-011.
The program guidelines are consistent with the policy, but it provides the necessary detail by
describing the application process, eligibility, review criteria, and award process. It provides for a pre
-application process for staff to review, which is intended to save the applicant time and expense
from submitting a full application if it will not proceed. If the pre-application is recommended for
approval, the application moves to the Investment Committee, which we frequently utilize when
considering land sales for economic development purposes. If recommended for approval, it moves
to the City Council which has the final authority on each application.
Like the two previous uses, it provides for a grant of up to two cents of local sales taxes paid on
certain eligible items provided the sales taxes were paid in Brookings. The program also prescribes
specific criteria, uses, applications, auditing documentation, “clawback’ protection, and assurances,
to make the project a successful investment. The document also provides application assistance
about the program to aid the applicant in developing an application. In addition, it can be tailored to
meet the specific needs of the applicant and yet still able to meet the community’s economic
development goals.
Fiscal Impact:
There is no direct fiscal impact by adopting the program guidelines and application. The fiscal impact
involves the review of applications.
Recommendation:
Staff recommends approval.
City of Brookings Printed on 11/3/2016Page 1 of 2
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File #:ID 2016-0689,Version:1
Attachments:
Resolution 15-011
Rebate Program
Application Form
City of Brookings Printed on 11/3/2016Page 2 of 2
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BEDC Recommendation-October 19, 2016
City of Brookings
Sales Tax Rebate Grant Program
SUMMARY
Mission/Background: The City of Brookings recognizes that publicly-funded investments to retain
current economic activity and attract economic growth are necessary to remain competitive. The City
further recognizes that grants to qualifying applicants of sales tax revenue generated from qualifying
applicants is a reasonable and prudent means of accomplishing desired economic growth.
Purpose and Objectives: The purpose of the Sales Tax Rebate Grant Program is to promote and
advance the economic well-being of the community. Economic well-being is defined by key
objectives adopted by the city council, not stated in any order of priority, as follows:
1. To facilitate significant and comprehensive investment in new and/or expanding facilities that
will grow the tax base and provide a strong commitment to the community.
2. To increase overall community wealth.
3. To encourage diversification of the area economic base and add value to the area economic
clusters.
4. To generate additional sales tax revenue to support budgetary expenditures of the City.
5. To provide long-term community benefits in return for the City's investment.
6. To insure the recipient project constitutes responsible development and further complies with
all other applicable development principles and regulations.
Program Overview: To facilitate the growth, development or attraction of qualifying targeted
businesses and industries, the City will consider applications by businesses for performance based
sales tax rebate grants.
1. Grant Award:
1. City Council may approve a grant to qualifying applicants in any amount deemed necessary
not to exceed two percent of the sales tax generated from construction costs, equipment
purchases, or local retail sales.
2. Grant awards shall be provided only to the extent demonstrated necessary for the success
of the project, and a completed Return on Investment (ROI} analysis yielding results to the
satisfaction of the City Council.
2. Qualifying Businesses:
1. New or expanding businesses that are retail in nature and can meet the following criteria
or that are otherwise addressed under the City's Downtown Retail Acceleration Program.
a. Retail businesses that mitigate sales 'leakage' to other markets and retain significant
sales in Brookings.
b. Retail businesses that provide niche product markets not otherwise available and
represent significant sales in Brookings.
2. New or expanding businesses that are commercial/industrial or technology-based in nature
that meet a minimum of one of the following in significant amounts as determined by the
City Council:
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BEDC Recommendation-October 19, 2016
a. diversify the economic base;
b. diversify the occupational mix;
c. provide full-time, upper-income level jobs with employee benefits;
d. have high probability of recruiting employees from other markets;
e. are a necessity for significant and substantial job retention;
f. meet qualifying industry targets;
g. have high probability of complementing existing businesses or aid in recruiting other
businesses or entities;
h. represent significant capital investment;
i. retain SDSU graduates;
j. facilitates emerging markets;
k. does not place an undue burden or hardship on natural resources or services
necessary to serve the business.
3. Qualifying Sales Tax: Sales tax rebate grants will only be considered on expenses pertinent to
the proposed project and shall be limited to sales tax related to new construction and
equipment purchases.
4. Grant/Sales Tax Reimbursement Process: As a means of protection and accountability of the
public investment the rules shall apply:
1. Grant awards shall be reimbursed to the applicant following payment of said sales tax to
the State of South Dakota and remitted to the City.
2. Claims against the grant award must be accompanied by appropriate documentation
prescribed by the City as verification of the grant payment.
3. Grant awards must have suitable financial guarantees as a means of security ('claw-backs')
and any other such terms deemed essential by the City Council.
4. The recipient shall be entitled only to grant amounts that it generates and documented by
the Department of Revenue as being paid in Brookings.
5. Grant awards shall be limited to either an aggregate amount, a specified time period, or
both.
5. Application and Approval Process:
1. The application process involves a two stage preliminary and final application review
process. The intent of the preliminary application is to gather sufficient information to
determine if the applicant meets minimum criteria to proceed with the more detailed
final application. Upon review of the preliminary application by Brookings Economic
Development Corporation (BE DC} and City staff the applicant will be notified with
approval to submit additional content required for the final application.
2. In the event that the staff review results in application denial the applicant may appeal
to the investment committee.
3. Applications for sales tax rebate grant assistance shall be made to the Brookings
Economic Development Corporation (BEDC) on application forms provided by BE DC.
Applicants may be required to cover direct costs of professional services deemed
necessary by BEDC and/or the City associated with the review of the application.
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BEDC Recommendation-October 19, 2016
4. Applications shall be reviewed and awarded in a fair, consistent, and responsible
manner utilizing the resources and process established by BEDC and the City Council.
5. The BEDC Investment Committee will evaluate the application and provide a
recommendation to the City Council.
6. The City Council will meet in Executive Session to review the Investment Committee
recommendation and any proprietary information.
7. The City Council shall have final approval on all grant applications by formally approving
a development agreement which shall be a public document.
8. Applications shall be deemed approved following adoption of a development agreement
between the City and the applicant prescribing all applicable terms and conditions of
the grant award. This development agreement shall be prepared by staff of the BEDC,
City, and legal counsel.
6. Required Preliminary Application Content:
Evaluation Criteria:
The preliminary application will be evaluated upon the extent to which the project:
• Contributes to development of a niche retail cluster.
• Fills a gap in unmet consumer demand.
• Reduces retail leakage.
• Produces significant taxable sales.
Preliminary Application-Required Content
• Cover page.
• Brief narrative describing the project.
• Market assessment including:
o Niche retail market description and how the project will retain or attract
additional retail sales to the community.
o Description of the projects ability to serve a documented unmet consumer
demand in the community.
o Product descriptions that will result in a reduction of retail sales leaving the
community.
• Estimated total project cost.
• Estimated sales tax to be generated by the project (construction, sales tax paid on
equipment, taxable sales)
Target Business Sectors-Industrial, science & technology, professional office
Evaluation Criteria:
The preliminary application will be evaluated upon the extent to which the project:
• Results in a significant level of capital investment
o Fixed assets
o Equipment
• Increases the average wage by occupation for Brookings
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BEDC Recommendation-October 19, 2016
• Increases the number of high value occupations in the community (particularly
skilled & professional positions)
• Has the ability to employ SDSU graduates and/or attract employees to Brookings
Preliminary Application-Required Content
• Cover page
• Brief narrative describing the project.
• Industry type with 4 or 5 digit NAICS Code
• Estimated project cost
o Total
o Fixed assets
o Equipment
• Estimated sales tax to be generated by the project (construction, sales tax paid on
equipment, taxable sales)
• List of Full Time Employee equivalents (FTE's) to be created by occupation and
average wage for each occupation
• Narrative descriptions of the ability of the project to hire SDSU graduates and/or
recruit employees to Brookings/Brookings County.
7. Required Final Application Content: (additional information required)
1. Cover Page-General Business and Contact Information
2. Project Sources and Uses of Project Funds
3. Financial Statements-business and project (3 years historical/2 years projected)
4. Financial Gap to be filled by sales tax rebate
5. City land and utility requirements
6. Benefit package description
7. SDSU research collaboration opportunities
8. Value-added processing/production opportunity description
9. Brief narrative describing how the project meets the criteria in "Section 8. Additional
Application Evaluation Criteria"
10. Signature Page/Releases
8. Additional Application Evaluation Criteria: The following evaluation criteria provide a framework
for consideration of projects that ensure both sound investment and quality results. These
criteria shall be used by the BEDC and City Council to consider awards for qualifying applicants.
Additional criteria may be considered on an as needed basis to ensure proper evaluation of all
requests.
1: Project facilitates significant and comprehensive investment in new and/or expanded
facilities that will grow the tax base and provide a strong commitment to the community.
(Examples: building construction, equipment, etc.)
Investment provides increased assessed value for the tax base and preparation for the future.
Determination of "significant and comprehensive investment" is subjective in nature and will be
4
BEDC Recommendation-October 19, 2016
based on the actual amount of total investment and the investment amount in relation to
existing improvements. Projects that can be quickly abandoned should be avoided with respect
to economic development investments.
Criteria:
A. Durable and efficient new facilities-in cases where the investment is within urbanized
areas, such facilities should enhance the area and reduce potential blighting conditions,
such as dilapidated structures.
B. State-of-the-art technology-including machinery/equipment, communications,
computers, and renewable technologies.
C. Research/development to provide for improvements to processes and service as well as
responding to changes in the marketplace.
D. Facilities that make the most of limited public resources and build on public investments
already made.
E. Options that provide connectivity for alternative travel modes-sited near existing transit
and trail service to decrease dependency on the automobile, thus reducing traffic and
encouraging walkability.
F. Project character and design in keeping with surrounding architecture and designed on a
human scale to increase social interaction, walking, and sense of community.
2: Project increases overall community wealth.
(Examples: Wages/benefits, tax generation, industry spending, new jobs generating new
consumer spending, construction spending)
Wealth creation is a key component of Brookings economic growth strategy. Wealth creation
occurs through industry exports of products and services bringing new money into the area
economy, and through the provision of high quality, full-time employment opportunities which
help stabilize and grow the population; and increase employee/household ability to afford
housing, buy local products/services and contribute to local causes.
Criteria:
A. Higher paying jobs by local industry standards-including salary and benefits-using as a
guide the current Brookings County average wage for that type of job/occupation.
B. Creation of high skilled and professional jobs.
C. Provision for workforce diversity.
D. Potential for job enhancements through promotion and expanded responsibilities.
E. Enhancement and expansion of the community's workforce resources.
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BEDC Recommendation-October 19, 2016
3: Project encourages diversification of the Brookings area economic base and adds value to
the area economic clusters.
(Examples: economic base diversification, job type, skills, industry targets, spin-off/supplier
opportunities, labor competition, SDSU relationships and student hires)
Diversity in the Brookings area economic base, in terms of both the economic activity conducted
by the industry and the type of employment skills required by the industry, helps ensure a stable
economy with less dependency on specific industries during economic cycles.
Criteria:
A. Positive and complementary impact to existing businesses and area business clusters-
to a great extent there can be unanticipated benefits associated with related local
business and services, as well as attraction of new industries.
B. Opportunity to use area suppliers or industries.
C. Potential to attract cluster components of an industry sector, or build agglomeration
which enhances workforce recruitment.
D. Provides a primary industry or business that adds "new" money to the economy.
E. Creates new suppliers for emerging markets.
F. Provides employment opportunities that will assist in retaining SDSU graduates.
4: Project provides a long-term community benefit in return for the City's investment.
(Examples: industry/firm stability, city investment outlay, return-on-investment)
It is important that the City's investment be returned to the community as a net benefit in the
form of property tax revenues, enhanced quality of life, and growth in the local economy. These
funds are necessary in order for the community to provide services and maintain a high level
quality of life that will attract and retain a qualified workforce. It should also be recognized that
a return on the community's investment may take some time to realize. However, the
community should expect immediate benefits related to investment, payroll, workforce
development, and business community involvement.
Criteria:
A. Projected reasonable timeline for use of public funds and provision for timely return of
new property taxes to taxing entities at the conclusion of the investment period.
B. Projected impact to growth in local economy based on investment, increased property
taxes, sales/use taxes, annual payroll, and use of local suppliers/services.
C. If requested by the City, a fiscal impact analysis (independently prepared under
supervision of the BEDC/City and paid for by the developer) evaluating the cost to
provide City services compared to projected City revenues over a ten-year period after
projected completion.
D. Identification of indirect benefits related to community quality of life, reversal of
blighting conditions and/or brownfields, and historic preservation.
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BEDC Recommendation-October 19, 2016
5: Demonstration that the proposal is responsible development that will comply with all
applicable City development requirements, sustainable development principles, and
incorporating green building technology when possible.
(Examples: infrastructure/utility capacity, transportation impact, conforms to plan/strategy)
It is important that the City's investment be used to further responsible development as
reflected in the Brookings Comprehensive Plan, development standards, housing objectives, and
sustainable development principles.
Criteria:
A. Proposed development is consistent with the Brookings Comprehensive Plan
development goals and objectives.
B. Protection of land with respect to environmentally sensitive areas, watersheds, and
agricultural land needed for a viable quality of life.
C. Proposed development meets City of Brookings sustainable development expectations
-additional consideration shall be provided to projects located within brownfields,
greyfields, and/or preserving historic assets.
D. Development includes a mix of uses that creates a vibrant community where places to
work, shop, live, and play are integrated.
E. Proposed development incorporates "green building" technology and principles as
identified by the U.S. Green Building Council's Leadership in Energy and Environmental
Design (LEED) Green Building Rating System.
Application Forms and Return on Investment Scorecard (see following pages)
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BEDC Recommendation -October 19, 2016
Direct Return Evaluation (City Government)
One Time City Investment Cost
Land
Infrastructure
Sewer combined with water@ $__}If
Water @ $__}If
Roads@ $__}If
Other
Total City Investment
Other Project Investments by City
Discretionary Property Tax (Automatic benefit) (city share)
Sales Tax Rebate
Other
Total Other
One Time Project Revenue to City
One lime
City Land Purchase
City Sales Tax Collected on Equipment Sales Tax Paid
Street and Utility Assessments
Tax Generation from Construction Process
Total One lime
On-Going Project Revenue to City
On-Going (Annual)
City Property Tax (after Discretionary Formula)
Electric Utility Tax
New Employee Consumer Spending Tax (Note 1)
Business Spending Tax Generation
Total On-Going (Annual)
Note 1 : 39% of gross income x $.02 x 60% capture
Tax Revenue 0 tions
15-18 Year TIF Value with Discretion a Formula in Place
Direct ROI (1 Year) Property tax & consumer spending sales tax
Direct ROI (5 Year) Property tax & consumer spending sales tax
Direct ROI (10 Year) Property tax & consumer spending sales tax
Indirect Return Evaluation (Community Impact)
Annual Indirect Economic Impact from Wage Multiplier
Position Type
Professional/Management
Skilled
General Labor
Total New FTE's and Wages
Wage Multiplier (varies by industry/2.5 typical for manufacturing)
Indirect Total Economic lm
Indirect ROI (5 Year)
Indirect ROI (10 Year)
County Impact
County Discretionary Property Tax Benefit to Company
On-Going Annual County Property Tax Revenue Benefit
Investment
Phase I
#FTE's Average Wage
I I
I I
8
BEDC Recommendation -October 19, 2016
Subjective Measures (Scale of 1-5 with 5 indicating the most benefit}
Measurement Points
Total Investment
Building/Leasehold Improvement
Equipment
Nature of Firm (Retention, start-up, recruit, headquarters)
Diversifies occupational mix
Industry Target /Economic Base Diversification/Emerging market
Business Stability
Probability of recruitng labor from other markets/Competition for Labor
Benefit Package
Value-adding opportunity
Spin-off/Supplier Opportunity
SDSU Research Relationship Opportunity
SDSU Student Hire Opportnity (pre & post graduation)
Total (50 Possible Points)
Additional Evaluation Crtieria
Measurement Yes or No
Criteria #1 A. Durable and efficient new facilities.
B. State-of-the-art technology-including machinery/equipment,
communications, computers, and renewable technologies.
c.
Research/development to provide for improvements to processes and service
as well as responding to changes in the marketplace.
D. Facilities that make the most of limited public resources and build on public
investments already made.
E. Options that provide connectivity for alternative travel modes-sited near
existing transit and trail service to decrease dependency on the automobile,
thus reducing traffic and encouraging walkability.
F. Project character and design in keeping with surrounding architecture and
designed on a human scale to increase social interaction, walking, and sense
of community.
Criteria #2 A. Potential for job enhancements through promotion and expanded
responsibilities.
B. Enhancement and expansion of the community's workforce resources.
Criteria #3 A. Positive and complementary impact to existing businesses and area business
clusters of new industries.
B. Opportunity to use area suppliers or industries.
c. Potential to attract cluster components of an industry sector, or build
agglomeration which enhances workforce recruitment.
D. Provides a primary industry or business that adds "new" money to the
economy.
E. Creates new suppliers for emerging markets.
F. Provides employment opportunities that will assist in retaining SDSU
graduates.
Criteria #4 A. Projected reasonable timeline for use of public funds and provision for timely
return of new property taxes to taxing entities at the conclusion of the
investment period.
D.
Indirect benefits related to community quality of life, reversal of blighting
conditions and/or brownfields, and historic preservation.
Criteria #5 A. Consistent with the Brookings Comprehensive Plan
B. Environmental features protect the community/land
c. Considers City sustainability goals
D. Provides range of housing altwrnatives/affordability
E. Incorporates mixed use elements
F. Incorporates "green building" technologies
9
APPLICANT
Name Phone
Address Email
City, State, Zip
APPLICANT’S LEGAL COUNSEL (if applicable)
Name Phone
Address Email
City, State, Zip
APPLICANT’S ARCHITECT/ENGINEER (if applicable)
Name Phone
Address Email
City, State, Zip
Property Owner Signature Date Property Owner Signature Date
Applicant Signature Date Applicant Signature Date
(if different from Property Owner) (if different from Property Owner)
Print Name Print Name
Title* Title:
*required for Corporation, Partnerships, Etc. *required for Corporations, Partnerships, Etc.
Project Address:
Project Legal Description:
Current Use: __________________________________________
Proposed Use:
Total Project Cost: $
Estimated Sales Tax to be Generated by the Project: $
(Refer to instructions on application form)
APPLICATION FOR SALES TAX REBATE GRANT (cover page)
Brookings Economic Development Corporation
2301 Research Parkway, STE 113
Brookings, SD 57006
Phone: (605) 697‐8103
bedc@brookingsedc.com
Preliminary Application Checklist ‐ Retail
A preliminary application for the use of a Sales Tax Rebate Grant must include the following
information.
Submitted
1. Cover page.
2. A brief project description.
3. Market assessment including niche retail market description, documentation identifying unmet
consumer demand in the Brookings market area and product descriptions that will reduce retail
sales leaving the community.
4. Estimated total project cost.
5. Estimated sales tax to be generated by the project. Design and construction related sales tax, post
construction annual taxable sales collected by the establishment and annual taxable sales paid by
the establishment. (Qualifying taxes must be paid/collected in the City of Brookings.)
Preliminary Application Checklist – Target Business Sectors
A preliminary application for the use of a Sales Tax Rebate Grant must include the following
information.
Submitted
1. Cover page.
2. A brief project description.
3. Industry type with 4 or 5 digit NAICS code.
4. Estimated total project cost – total, fixed assets, equipment.
5. Estimated sales tax to be generated by the project. Design and construction related sales tax, sales
tax paid on equipment, post construction annual taxable sales collected by the establishment and
annual taxable sales paid by the establishment. (Qualifying taxes must be paid/collected in the
City of Brookings.)
6. List of Full‐time equivalent employees to be created by occupation and average wage for each
occupation.
7. Description of the projects ability to hire SDSU graduates and/or recruit new employees to
Brookings/Brookings County.
Final Application Checklist – All Applicants
A final application for the use of a Sales Tax Rebate Grant must include the following information. Submitted
1. Cover page.
2. Project sources and uses of funds.
3. Financial statements – business and project (3 year historical and 2 year projected)
4. Financial gap to be filled by the tax rebate grant.
5. City land and utility requirements. (If city land purchase is required)
6. Benefit package description.
7. SDSU research collaboration opportunities (if applicable)
8. Value‐added processing/production opportunity description (if applicable)
9. Brief narrative describing how the project meets the criteria of Section 8 in the program
guidelines.
10. Signed release form providing BEDC/City staff authority to speak with participating lenders and
financial sources contributing to the project.
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 2016-0711,Version:1
Discussion and possible action on the Construction Budget for the South Main Fire Station.
Summary:
JLG Architects has completed the schematic and design development portion of the proposed South
Main Avenue Fire Station. We have an estimate in the 2017 Budget and we need to revise that
number now that we have the benefit of architectural design.
Background:
The new South Main Avenue Fire Station is intended to replace the 32nd Street Facility primarily
because we need to reduce the response time to the growing neighborhoods and commercial areas
in the southwest portion of the community. Several years ago, the Council identified a parcel of
property on the northwest corner of Main Avenue South and 26th Street South as the best location
and acquired the property. It was intended to plan the new station in accordance with the rate of
growth and development. The completion of the South Main Avenue improvement project and the
Dakota Prairie Elementary School has hastened residential development to the point it is now
advantageous to move the fire station to this location.
Since the new station is not intended to be staffed or have any specific purpose outside of being a
response station to house vehicles, the plan was to make the interior of the structure as basic and
utilitarian as possible, but invest in the exterior appearance since it is such a high visibility location.
We also looked for an opportunity to proudly display the antique truck. It was also a goal to have a
structure which fit into the neighborhood and did not look like a garage or storage building. We
believe these goals were architecturally achieved.
The site plan provides for adequate on-site drainage, future expansion of drive-through bays, and
future expansion of any office, conference, or firefighter living quarters contemplated in the future.
One future bay could even be occupied by Brookings Health System as a southern location for an
ambulance unit.
Fiscal Impact:
The project is budgeted in the 25 Percent Second Penny Fund (Fund 212). When we developed the
budget several months ago, we estimated the construction cost of one million dollars for budgetary
purposes. Since we have begun the project, it became apparent in order to have this caliber of a
structure, this amount was not adequate. Attached is the construction estimate of $1,366,931.
Staff and the architect examined value engineering options to reduce the cost to what was budgeted.
Options included eliminating the display area for the antique truck, replace the glass doors with metal
doors, replace the pre-cast wall structures with metal, and possibly reduce the number of bays from
four to three. In total, these reductions would result in a construction cost of approximately $1.0-$1.1
million. However, such options drastically reduce the effectiveness and value of the structure.
City of Brookings Printed on 11/3/2016Page 1 of 2
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File #:ID 2016-0711,Version:1
In examining the projected fund balance of Fund 212 at year-end 2017, I can predict we can still
afford this project at the architect’s estimated cost. While it will nearly exhaust this fund for one year,
we can still pay cash and have already delayed a $50,000 capital purchase in the fund until 2018 for
some savings. We will not need to utilize any other fund to complete this project at this scope.
Please note the budget summary also illustrates the projected cost of making the structure compliant
with LEED-Silver Energy Efficiency Standards as an option for the Council to consider. This could be
achieved by replacing the radiant heat system currently in the base budget with an in-floor heating
system for an estimated additional cost of $186,802.50. This is only an estimate to achieve LEED-
Silver at this point and more detailed architectural design on energy systems may be necessary for a
more exact cost. The City Council has an adopted policy of attempting to achieve LEED-Silver
Energy Efficiency Standards for all new and remodeled construction. The pay-back of the in-floor
heating system on energy savings is estimated by the architect to be a minimum of 10 years.
Since the building is only 5,850 square feet and has no air conditioning, opportunities to achieve
LEED-Silver are minimal at best, except perhaps for the heating system. It should be noted that in
the base budget, the interior lighting will be LED efficient and have motion sensors. The exterior
lighting will be LED efficient and be on daylight sensors with timers. The glass doors and windows
will be energy-efficient as well. Unfortunately, these types of energy efficiency standards are not
enough to earn points toward the LEED-Silver Standards. If the Council decides to select this
option, the total cost will be estimated at $1,553,734.25 and we will need to identify supplemental
funding for the project from other sources, such as the General Fund or the 75 Percent Second
Penny Fund.
Recommendation:
Staff recommends to adopt a construction budget of $1,375,000 from the 25% Second Penny Fund.
If it is decided to select the alternative heating system, the budget should be $1,565,000 from a
combination of the 25% Second Penny Fund and another fund.
Attachments:
Artist Rendering
Site Plan
Floor Plan
Budget Summary
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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 2016-0706,Version:1
Discussion and possible action on Residential Parking Permit Options for Neighborhoods Around
Campus.
Summary:
Pursuant to previous City Council action, staff was charged with researching residential parking
permit options for neighborhoods where streets are adversely impacted by the parking of vehicles,
which is generally around the campus area. Staff has included research and history for this
discussion.
Background:
The City Council discussed this topic at their July 19, 2016 meeting and a motion was made by
Mayor Reed, seconded by Council Member Bacon, to have staff research and develop a plan to give
the ability for a neighborhood to establish a residential permit parking zone where the streets are
adversely impacted by the parking of vehicles during certain hours by nonresidents of the area. The
motion carried by the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Reed, Kidwiler, and Bacon;
Absent: 1 - Wendell.
City staff drafted a residential permit parking zone procedure which outline the process for which
residents, city staff, and council members may establish a residential permit parking zone. Included
in the procedure are residency requirements, permit guidelines, potential residential zones, renewal
process, and fees. Staff recommends an effective date of August 2017 to coincide with academic
school year, provide public education about this new parking regulation, offer adequate time for
residents to obtain permits, and allow staff to print and install signage.
Should the City Council wish to pursue the issue or requiring residential parking permits, the Council
should direct the City Attorney to prepare an ordinance codifying the program for future readings and
a public hearing.
Fiscal Impact:
Staff recommends considering the cost of permits, staff time, signage, and other administrative costs
to maintain a revenue neutral program so that other tax payers are not subsiding zones in which they
do not reside.
Attachments:
Residential Parking Zone Procedure
Potential Zone A
Potential Zone B
City of Brookings Printed on 11/3/2016Page 1 of 1
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Residential Parking Explanation of Options and Requirements
Justification:
Residents in neighborhoods around campus are experiencing distinct issues with on-
street parking compared to other neighborhoods in Brookings. The City Council directed
staff to research and develop a plan to give the ability for a neighborhood to establish a
residential parking zone where the streets are adversely impacted by the parking of
vehicles during certain hours of the day. The two zones below have been identified to
be impacted by non-residential traffic and prone to congestion. Establishing a residential
permit program may help in freeing up parking spaces for residents and help with
emergency response and snow removal.
Procedure for Establishment of Zones:
In order to establish or expand a residential permit parking zone, a person must file with
the City Clerk a petition signed by at least 75% of the owners or occupants of property
abutting the street described in the proposed zone. Each residential unit and each non-
residential facility meeting the eligibility criteria within the proposed zone shall count as
one vote in determining if the 75% threshold is met. Unoccupied units are excluded from
the calculation of the 75% threshold when reasonable efforts to contact the property
owner have been unsuccessful. The City Clerk shall refer the petition to the City
Manager. At a council public hearing, the City Manager shall provide to the City Council
recommendations regarding establishment or expansion of the proposed residential
permit parking zone based on the petition’s compliance with the established criteria. At
least 10 days prior to the public hearing, a mailed notice of said hearing shall be given
to the owners or occupants of property abutting a street proposed to be located in the
proposed residential permit parking zone. Following the hearing, the City Council may
adopt a resolution establishing or expanding the residential parking zone if it determines
the petition satisfies the hardship criteria. The establishment of zones may also be
initiated by City staff or the City Council at any time.
Proof of Residency (only one required):
1. Current vehicle registration showing an address within the district, identifying
applicant specifically as a resident at that address.
2. Property tax bill showing person's name as tax payer and home address within
the district. (Homeowners)
3. Residential lease agreement with address within the district, utility bill, or driver’s
license identifying the applicant specifically as a resident at that address.
Permit:
Up to two (2) residential permit hang tags are allowed per dwelling unit. Permit hang
tags will be color coded to correspond with a specific residential zone. Permit holders
may park any place in the zone of their residence. Guests may utilize the resident’s
hang tag.
Potential Residential Zones:
1. Residents living in neighborhoods around campus, specifically:
Zone A:
7th St. from 6
th Ave. to Medary Ave.
Medary Ave. from 7th St. to 11th St.
11th St. from 6
th Ave. to Medary Ave.
6th Ave. from 7th St. to 11th St.
Zone B:
7th St. from Medary Ave. to Jackrabbit Ave. (previously 16th Ave.)
Jackrabbit Ave. (previously 16th Ave.) from 7th St. to 8th St.
8th St. from Medary Ave. to Jackrabbit Ave. (previously 16
th Ave.)
Medary Ave. from 7th St. to 8th St.
2. Residential zones will be enforced from August 15
th - May 15
th, 8:00 a.m. - 3:00
p.m. (Monday - Friday)
3. All usual parking regulations are still in effect.
4. Delivery/Service vehicles are exempt from the permitted parking regulations.
Renewal Process:
1. Homeowners and renters are required to renew their permits annually any time
during the summer from May 15th - August 14
th.
2. If the property is sold or vacated, the permit holder shall surrender all residential
parking permits back to the City within 72 hours of sale of property.
3. Parking permits will be sold year round for the current year.
Fees:
Fees will be determined upon fiscal determination of the cost of the program. However,
staff recommends fees are revenue neutral. Staff anticipates administrative and
overhead costs, printing, data entry of the permit system, and the purchase and
installation of signage. Most other cities charge anywhere from $50 - $100; however,
there are some cities that charge less or have no fee associated at all. Once the
program is established and fine-tuned, staff would move towards e-government for the
purchase of permits.
Effective Date:
Staff recommends an effective date of August 2017 to coincide with the academic
school year, provide public education about the new parking regulation, offer adequate
time for residents to obtain permits, and allow staff to print and install signage.
Brookings County, SD
Developed by
The Schneider Corporation
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Date crea ted: 10/17/2016
Last Da ta Uploaded: 2/18/2014 4:02:57 AM
1,181 ft OverviewLegendBrookings CityLimitsCity LimitsTownship Boundar ySectionsParcelsRoads
B rook ings County, SD
Developed by
The Schneider Corporation
Par cel ID 404900070000300Sec/T wp/Rng --Pr oper ty Address 110 RAILROAD STBROOKINGS Alternate ID n/aClassNADCAcreagen/a Ow ner Address SMITH, RAYMO ND J 521 HUNTERS RIDGE RD BROOKINGS SD 57006District4001 - BROOKINGS/BROOKINGS SC HBrief T ax Descr iption RAILROAD ADDITIONS, LOT 3, 7TH RAILROAD ADDN 11039 SQ. FT. SHED
(Note: Not to be used on leg a l documents)
Date created: 10/17/2016
Last Data Uploa ded: 2/18/2014 4:02:57 AM
590 ft Overvi ewLegendBrookings CityLimitsCity L imitsTownship Boundar ySectionsParcelsRoads
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 2016-0677,Version:1
Discussion and possible action on estimated costs for rehabilitation of the old WPA Armory;
Demolition & Re-Development.
Summary:
At the September 20th Council meeting, the Council directed staff to investigate cost estimates for: (1)
rehabilitation and (2) demolition of the old WPA Armory building. The Council reviewed two re-
development concepts prepared by Confluence Landscape Design which would provide for
converting the site to a public open space should the Armory building be removed. Corresponding
costs for each concept was also provided. The building is listed on the National Register of Historic
Places but admits the addition of the front entry feature in 1986 detracts from its historical
significance. Provisions do exist that allow for the demolition of historic structures.
Background:
Cost estimates provided are from a variety of vendors including from one of the two private proposals
who undertook the same rehab cost investigation. The costs estimated provide for restoration to the
same level of use as currently exists. If the use were to change dramatically, such rehabilitation
costs would likewise be different in order to reflect the intended use of the building instead of the
current use.
With regard to current usage, the Armory has approximately $14,117 annually in operating expenses
through the Department of Parks and Recreation General Fund Budget. Very little operating revenue
is recovered by users. Its heaviest uses are 5:00-9:00 pm weekdays and noon to 8:00 pm weekends
with occasional use on Saturday and Sunday mornings. Since the single-court gymnasium is the
only amenity in the building, many organizations make use of the gym, but it does have its limitations.
(1)Rehabilitation:
Structural repairs (Ashe Engineering; attached)259,061
Replacement of rubber membrane roof (Great Plains roofing)656,400
Lead mitigation of known areas 25,000
Mold mitigation of known areas 10,000
Asbestos mitigation of known areas 2,500
Environmental documentation, permits 15,000
Refurbishment of wood floors 20,000
HVAC basement 20,000
HVAC main floor (awaiting more accurate estimate)300,000
Mechanical/plumbing (awaiting more accurate estimate)100,000
Basement bathrooms upgrade; add family restroom, ADA comp.120,000
SHPO historic review documentation/analysis/permits 25,000
LEED-Silver energy compliance (policy req.) (unknown) ?
Estimated total cost 1,552,961
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File #:ID 2016-0677,Version:1
20 percent contingency 310,592
Total project cost 1,863,553
Removal and replacement of roof system (if necessary)984,600
Revised total project cost (if roof system needs replacement)2,848,153
(before LEED-Silver compliance)
(2)Removal:
Demolition/disposal 155,000
SHPO historic review documentation/analysis/permit 25,000
Lead mitigation of known areas 25,000
Mold mitigation of known areas 10,000
Asbestos mitigation of known areas 2,500
15 percent contingency 32,500
Total project cost 247,250
In addition to rehabilitation and demolition cost estimates, the motion called for costs of re-
development into downtown open space. The two concepts completed by Confluence are estimated
to be $1,731,282 or $1,254,317. As the attachments illustrate, the concepts are similar, but have
slightly different configurations. The most notable difference is that one retains the existing parking
which was recently installed and the other eliminates it for more green space.
Finally, the motion inquired about square footage of parking lots studied in the downtown area
compared to the greenspace/parking created by each of the two proposals. The total square footage
of the existing site (building and parking lot) is 41,049. The total square footage of the downtown
parking lots studied is as follows: Depot ( 9,335); Armory (21,759); 72-hr. lot (49,960); 24-hr. lot
(16,545); Activity Center (21,899); Library (16,132).
Recommendation:
The City Council’s options are:
1)Select from one of the private sector proposals that have been tabled.
2)Rehabilitate and preserve the Armory Building.
3)Attempt to re-locate the building to another site pursuant to SHPO requirements.
4)Demolish the building pursuant to SHPO requirements and re-develop the site into a
downtown open space.
5)Do nothing, maintain the status quo.
Staff recommends Option 4; demolition of the Armory Building following applicable SHPO regulations
and re-develop the site into a downtown public open space for a combination of active and passive
uses to enhance the Downtown Central Business District.
Attachments:
Task Force Final Report
Concept 01 Budget (goes with Exhibit D)
Concept 02 Budget (goes with Exhibit C)
Ashe Engineering structural assessment and cost estimate
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File #:ID 2016-0677,Version:1
Chamber Letter
CVB Letter
Historic Preservation Commission Letter
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DOWNTOWN OPEN SPACE TASK FORCE
Final Report
August, 2016
Authorization:
At a City Council meeting on April 26, 2016, the Brookings City Council directed the City Manager to
undertake a feasibility evaluation of options for increasing the amount of greenspace and open space in
the downtown central business district (CBD). The specific action was as follows:
MOTION by Council Member Thorpe, SECONDED by Council Member Meyer, that the City Council
directs staff to analyze viable downtown green space and gathering space options including the
feasibility of the armory site and other city sites to include parking lots. The Council directs the
City manager to form an ad hoc committee to include members of the Convention and Visitors’
Bureau, Chamber of Commerce, and Downtown Brookings, Inc. to explore those options.
All voted aye.
This report is the final disposition of that directive.
The City Council is seeking to develop opportunities to improve green/open space to further enhance
the vitality, viability, commerce, diversity, and attraction of the central business district. One plank from
the 2016 Strategic Plan identifies ‘place-making’ opportunities and one such opportunity is the
downtown area. The vision for green/open space includes the ability to provide a variety of ‘active’ and
‘passive’ uses. It provides opportunities to beautify the CBD and ‘soften’ the hardscape that so often
characterizes an active CBD. It also must be large enough to accommodate active uses such as outdoor
gatherings, activities, and special events that bring people to the CBD.
Committee establishment:
The City Manager solicited recommendations of persons from the respective organizations identified in
the motion to serve on the task force. The organizations submitted the following representatives to
serve with City Manager Jeff Weldon.
David Merhib: Executive Director, Brookings Area Chamber of Commerce
Jennifer Johnson: Executive Director, Brookings Convention & Visitors Bureau
Dustin Hendrickson: President, Downtown Brookings, Inc.
Issue history:
Previously, the City Council directed the preparation and distribution of a Request for Proposal (RFP)
from private parties for the possible re-development of the Armory building. Two proposals were
received by the December 1, 2015 deadline. The City Council considered both proposals and took public
comment about each, as well as other comments about the Armory building on March 22, 2015. The
Council delayed a decision on either proposal until the April 26, 2016 meeting to encourage more public
input. The renovation-by-private-party option was expanded at that time to explore other options
resulting in the motion stated above. As such, neither private party renovation option has yet been
selected but are still under consideration pending City Council deliberation of this report.
The Committee met on three occasions; May 19, 2016, June 6, 2016, and June 28, 2016. Through the
City Manager, the committee commissioned the services of Confluence, Inc. Landscape Architects to
analyze open space options for the Armory site consistent with the Council’s directive.
Usage and physical condition of Armory building
The Armory building is an historic structure, one of many WPA-era projects constructed for the federal
government under the War Department in the 1930s as part of the FDR administration’s New Deal
Program. As typical with most Armories, this structure also hosted many community and civic functions
and purposes during its long history. The building is in the Downtown Historic Preservation District and
is a designated Historic Structure. Upon being vacated by the Department of Defense as an armory, it
was acquired by the City of Brookings and used by the Parks and Recreation Department primarily for
the single-court gymnasium, departmental offices, conference space, and departmental storage. The
Department vacated the office and conference room purpose in 2012 but retained its use for a variety of
recreation functions in the gymnasium. Public use of the basement was discontinued due to its
condition in 2009.
The building is used approximately 85 hours per month for a wide variety of recreational and civic
functions that are limited due to the functionality of the building. Operating expenses are
approximately $14,120 per year excluding apportioned staff time of full-time city staff. The amount of
revenue generated by the facility is negligible.
The City has attempted to provide basic maintenance to the structure including roof repairs, addition of
downspouts, exterior painting and tuck-pointing, accessibility repairs, and basement mold mitigation to
name a few. The building now needs more extensive renovation if it is to be preserved. Both private
renovation proposals have undertaken some independent investigation in accordance with their
proposal but the City has not undertaken a comprehensive investigation to quantitatively determine the
scope or extent of major renovation needed. Not surprisingly, such work is somewhat dependent upon
the end-use of the completed structure. Several issues needing to be addressed include but are not
limited to structural, mechanical, electrical, accessibility, lead and asbestos abatement. A
comprehensive analysis of the building’s condition as well as renovation is beyond the scope of this
report.
Report Findings:
1) Public parking lots serve as opportunities for creating open spaces. The Committee explored
each public parking lot in the CBD. While converting parking lots into open/green space can
have advantages for a CBD, it also carries the obvious disadvantages of reducing parking
capacity. Exhibit A is an aerial map which identifies the various parking lots examined. Exhibit B
is a corresponding utilization table of each lot with a percentage of occupancy during various
times of the day for each lot. (Source: City of Brookings Community Development Dept.) The
Committee concluded: (i) none of the lots are sufficient in size to warrant a suitable green/open
space conversion, and (ii) the advantages of converting any of the lots would not be worth the
disadvantage it would bring by a corresponding loss of parking. While one problem would be
solved; another would be created.
2) Privately-owned building space could be acquired for a demolition of existing structures for
conversion to green/open space. The Committee did not identify any particular
building(s)/location(s) that could be acquired and razed for green/open space. This option
would require potentially expensive and protracted property acquisition, and eventual
demolition of an historic structure. This would result in loss of building inventory, potential
business or residential dislocation, and loss of property and sales tax revenue, and loss of niche
retail commerce activity.
3) Street closures for special events serve as temporary opportunities for downtown gathering
space activities on a hard surface and are suitable for short-duration only since the streets need
to be re-opened. They do not serve any passive use as they are not permanent. The ability to
make them attractive is limited to the space of the public right-of-way.
4) Privately-owned open space was also considered by the Committee for any existing open spaces
privately-owned that might be suitable for green/open space. Very few such opportunities
exist. One such space currently well-utilized for this function is “Nick’s Park” which is owned
and managed privately by a business which serves as an ancillary outdoor dining use by the
business as well as passive open space. Another privately-owned open space exists next to Old
Market mid-block on Fifth Avenue. The Committee determined this location too small to
accommodate active uses. Finally, another privately-owned open space exists on Main Avenue
next to Rude’s Furniture which is the site of a demolished building. This location was found to
not be feasible for development due to site conditions and is also too small to accommodate
active uses.
5) The Armory site was examined as a potential conversion to green/open space. Such conversion
would require: (A) Demolition or re-location of the Armory building. Either option would be
potentially extremely expensive and the latter requires a replacement location. (B) As a historic
structure in a historic district, special considerations/provisions/processes would be necessary
for either a demolition or re-location. (C) The elimination of the building would cause a certain
degree of displacement of recreation and civic activities but the Committee concluded that
alternative locations could be identified to host them. (D) City taxpayers would be relieved of
costly operating and maintenance expenses as well as costly renovation expenses. (E) The City
of Brookings values historic preservation and historic structures; and a significant historic
structure would be lost if demolished and possibly compromised if re-located.
Confluence Landscape Architects provided the committee with two potential renditions of an
adaptive re-use of the Armory site if the building was eliminated and the site converted to
open/green space. The Committee concluded the site is large enough to accommodate both
‘active’ and ‘passive’ uses and would meet many of the other objectives of enhancing the CBD
without any loss of private property, parking, commerce, or tax base. Those two renditions are
design variations of the same general concept for open/green space and are attached as Exhibits
C and D.
Recommendation:
The Committee concluded the site is currently underutilized and could provide a significantly higher and
better use to the downtown and Brookings community if the site were to be the selected location for
green/open/gathering space for both active and passive uses. The value added to the downtown and
the Armory building resulting from extensive renovation compared to the financial investment required
is highly questionable. In other words, the return on investment is at best, highly speculative and most
likely very dubious.
To achieve viable green/open space in the downtown CBD, the Committee recommends the City Council
explore options and regulations with the State Historic Preservation Office (SHPO) regarding
demolition/re-location of the Armory building.
The Committee further recommends the City Council proceed with planning for re-development of the
site using the design considerations suggested by the landscape architect; and plan for subsequent
development of the Armory site for green/open/gathering space.
Next steps
This report is being circulated to the three organizations’ Board of Directors for review and comment
and will be submitted to the City Council for further public comment, deliberation, and action. The
three organizations are invited to provide written comments, responses, or opinions reflecting the
position of the respective organization to the City Manager which will be forwarded to the City Council.
Respectively submitted on Behalf of the Committee,
Jeffrey W. Weldon
City Manager