HomeMy WebLinkAbout2015_06_09 CC PktCity Council
City of Brookings
Meeting Agenda - Final
Brookings City Council
Brookings City & County
Government Center
520 3rd St., Suite 230
Brookings, SD 57006
Phone: (605) 692-6281
Fax: (605) 692-6907
Council Chambers6:00 PMTuesday, June 9, 2015
The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse
economic base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal
management.
6:00 PM REGULAR MEETING
1. Call to Order / Pledge of Allegiance.
2. Record of Council Attendance.
3. Consent Agenda:
Action: Motion to Approve, Request Public Comment, Roll Call
Matters appearing on the Consent Agenda are expected to be non-controversial and
will be acted upon by the Council at one time, without discussion, unless a member of
the Council or City Manager requests an opportunity to address any given item. Items
removed from the Consent Agenda will be discussed at the beginning of the formal
items. Approval by the Council of the Consent Agenda items means that the
recommendation of the City Manager is approved along with the terms and conditions
described in the agenda supporting documentation.
3.A. Action to approve the agenda.
3.B.RES 15-061 Action on Resolution 15-061, a Resolution authorizing the Brookings
Summer Arts Festival Committee to have exclusive use of Pioneer Park.
ResolutionAttachments:
3.C.RES 15-067 Action on Resolution 15-067, a Resolution Declaring Surplus Property.
ResolutionAttachments:
4. Items removed from Consent Agenda.
Action: Motion to Approve, Request Public Comment, Roll Call
Page 1 City of Brookings
June 9, 2015City Council Meeting Agenda - Final
5. Open Forum/Presentations/Reports:
5.A.ID 2015-0417 Presentation of Award of Merit to Jim Kriese.
ProclamationAttachments:
5.B. 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.
6. Contracts/Change Orders:
6.A.RES 15-068 Action on Resolution No. 15-068, a Resolution awarding bids on
2015-01SWR, Concrete Maintenance and Overlay Project.
ResolutionAttachments:
Action: Motion to Approve, Request Public Comment, Roll Call
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.
8. Public Hearings and Second Readings:
8.A.ORD 15-008 Public Hearing and Action on Ordinance 15-008, an Ordinance rezoning
Outlots A, B, and C in the S ½ of the N ½ of the SE ¼ of Section
22-T110N-R50W from a Residence R-1A District to a Residence R-3
District.
Ordinance
Public Notice
Planning Commission Minutes and Summary
Zoning Map
Aerial Map
Attachments:
Action: Open and Close Public Hearing, Motion to Approve, Roll Call
Page 2 City of Brookings
June 9, 2015City Council Meeting Agenda - Final
8.B.ORD 15-009 Public Hearing and Action on Ordinance 15-009, an Ordinance for a
Conditional Use Request for a Group Home on Lot B, Block 1, Hunter’s
Ridge Addition.
Ordinance
Hearing Notice
Planning Commission Minutes and Summary
Site Plan
Aerial Map
Aerial Map with Site Plan
Building Elevations
Attachments:
Action: Open and Close Public Hearing, Motion to Approve, Roll Call
8.C.ORD 15-010 Public Hearing and Action on Ordinance 15-010, an Ordinance
authorizing a Supplemental Appropriation to the 2015 Budget for the
purpose of providing for Additional Funds for the Operation of the City.
Ordinance
Budget Adjustments
Attachments:
Action: Open and Close Public Hearing, Motion to Approve, Roll Call
8.D.ID 2015-0410 Public Hearing and Action on Annual Malt Beverage Alcohol License
Renewals.
Malt License RenewalsAttachments:
Action: Open and Close Public Hearing, Motion to Approve, Roll Call
8.E.RES 14-091 Public Hearing and Action on Resolution 14-091, vacating that portion of
Ninth Street abutting Lot 12, Block 7, and Lot 5, Block 12, Morehouse
Addition and lying between Ninth Avenue and Medary Avenue.
Resolution
10/7/2014 Planning Commission Minutes
Hearing Notice
Vacate Map 1
Vacate Map 2
Attachments:
Action: Open and Close Public Hearing, Motion to Approve, Roll Call
9. Other Business:
9.A.ID 2015-0421 Action on an Annexation Agreement between the City of Brookings and
Novitas Aurora, LLC.
Agreement
Map
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
Page 3 City of Brookings
June 9, 2015City Council Meeting Agenda - Final
9.B.ID 2015-0418 Action on 6th Street Bridge Railing Up Charge.
Pedestrian Railing Concept DrawingAttachments:
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, Scott Meyer, Ope Niemeyer, Jael Thorpe
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.
Engage Brookings is an online tool where citizens can engage, communicate and collaborate with community
decision makers and other residents. Where these ideas overlap is the future of Brookings.
www.engagebrookings.org
Page 4 City of Brookings
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 15-061,Version:1
Action on Resolution 15-061, a Resolution authorizing the Brookings Summer Arts Festival
Committee to have exclusive use of Pioneer Park.
Summary:
Background:
Fiscal Impact:
Recommendation:
Staff recommends approval.
Attachments:
Resolution
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Resolution 15-061
A Resolution authorizing the Brookings Summer Arts Festival
Committee to have Exclusive Use of Pioneer Park
Whereas, the Brookings Summer Arts Festival will be held in Pioneer Park on July 11-
12, 2015; and
Whereas, the Summer Arts Festival Committee has requested the exclusive use and
control of Pioneer Park and its facilities for said festival, plus additional days for
preparation and takedown; and
Whereas, the Summer Arts Festival Committee will provide evidence of liability
insurance coverage including the City of Brookings as named insured; and
Whereas, the Summer Arts Festival Committee has agreed to accept responsibility for
the conduct of the Summer Arts Festival on said premises.
Now Therefore Be It Hereby Resolved that the use of Pioneer Park and its facilities as a
public park shall terminate for the period of July 9 through July 14, 2014.
Be It Further Resolved, that the City Council does hereby grant the exclusive use of
Pioneer Park and its facilities during the Brookings Summer Arts Festival to the Summer
Arts Festival Committee.
Further, It Is Resolved, that the Summer Arts Festival Committee shall be responsible
for maintaining said facilities and cleaning them and returning them to the City of
Brookings in good condition following the festival.
Passed and approved this 9
th day of June, 2015.
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 15-067,Version:1
Action on Resolution 15-067, a Resolution Declaring Surplus Property.
Summary:
Resolution 15-067 declaring Street Department overhead shop door openers as surplus property is
requested.
These door openers were removed from the building at 125 7th Avenue. The building is scheduled
for demolition this year.
Council action is required to declare these items surplus.
This equipment is being declared surplus property according to SDCL Chapter 6-13.
Recommendation:
Staff recommends approval.
Attachments:
Resolution
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Resolution 15-067
Declaring Surplus Property
Whereas, the City of Brookings is the owner of the following described equipment
formerly used at the City of Brookings Street Department:
Overhead Shop Door Openers
From Building at 125 7th Avenue
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 9th day of June, 2015.
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 2015-0417,Version:2
Presentation of Award of Merit to Jim Kriese.
Summary:
A Mayoral Proclamation, honoring Brookings Fire Department Battalion Chief Jim Kriese in his
assistance in the rescue of Mrs. Amber Hartmann.
Attachments:
Proclamation
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MAYORAL PROCLAMATION
CITY OF BROOKINGS, SOUTH DAKOTA
WHEREAS: On April 26, 2015 the Brookings Fire Department, Brookings County
Sheriff’s and Brookings Health System Ambulance were called to 19949 471st
Avenue for a structure fire where Mrs. Amber Hartmann reported that she was
trapped inside the structure; and
WHEREAS: Upon arrival it was found that the structure had heavy fire on the exterior
of the structure along with substantial smoke conditions inside the structure
where Mrs. Amber Hartmann was trapped; and
WHEREAS: Upon an extensive exterior search of the structure by the Brookings
Sheriff’s deputies, Deputy Michael Gengler and Deputy Jon Pike, Mrs. Amber
Hartmann was located; and
WHEREAS: Deputy Michael Gengler, Deputy Jon Pike and Battalion Chief Jim Kriese
were able to pull Mrs. Amber Hartmann out of the burning, smoke filled
structure at personal risk to themselves; and
WHEREAS: After Mrs. Amber Hartmann had been pulled to safety, she was
transferred to the Brookings Health System Ambulance personnel for medical
treatment and was transported to the Brookings Hospital.
NOW, THEREFORE, BE IT RESOLVED, that I, Tim Reed, Mayor of the City of
Brookings, do hereby proclaim by the City of Brookings and the Brookings Fire
Department that Brookings Fire Department Battalion Chief Jim Kriese be awarded
with the Medal of Merit Award for his assistance in the rescue of Mrs. Amber
Hartmann.
IN WITNESS WHEREOF, I have placed the Seal of the City of Brookings, State of South
Dakota, this of 9th day of June, 2015.
Tim Reed, Mayor
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 15-068,Version:1
Action on Resolution No. 15-068, a Resolution awarding bids on 2015-01SWR, Concrete
Maintenance and Overlay Project.
Summary:
This resolution will award bids for 2015-01SWR, Concrete Maintenance Project to Thorstad
Companies, Dell Rapids, SD.
Background:
This project is the annual concrete project and entails construction of miscellaneous concrete work
including curb and gutter repair, fillets, valley gutters, curb ramps, and pavement replacement on
Railroad Street. This project also includes homeowner trip hazards that weren’t repaired in the 2014
sidewalk area which is west of Medary Avenue South and south of 8th Street South, and the 2015
sidewalk area which is east of Medary Avenue South and south of 17th Avenue South.
The bid letting was held on May 26, 2015 and the City received the following bids:
Thorstad Companies, Dell Rapids, SD $180,147.00
Timmons Construction, Inc., Brookings, SD $216,275.45
The low bid of Thorstad Companies for $180,147.00 was approximately 20% lower than the
engineer’s estimate of $225,792.00.
Fiscal Impact:
The City will enter into a contract with Thorstad Companies for the low bid amount of $180,147.00.
Recommendation:
Recommend awarding the project to Thorstad Companies for the low bid of $180,147.00.
Attachments:
Resolution
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Resolution No. 15-068
Resolution Awarding Bids on Project 2015-01SWR
Concrete Maintenance Project
Whereas, the City of Brookings opened bids for Project 2015-01SWR, Concrete
Maintenance Project on Tuesday, May 26, 2015 at 1:30 pm at the Brookings City &
County Government Center; and
Whereas, the City of Brookings has received the following bids for the
2015-01SWR Concrete Maintenance Project: Thorstad Companies, Dell Rapids, SD:
$180,147.00 and Timmons Construction, Brookings, SD: $216,275.45.
Now Therefore, Be It Resolved that the total low bid of $180,147.00 for Thorstad
Companies, Dell Rapids, SD be accepted.
Passed and approved this 9th day of June, 2015.
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 #:ORD 15-008,Version:2
Public Hearing and Action on Ordinance 15-008, an Ordinance rezoning Outlots A, B, and C in the S
½ of the N ½ of the SE ¼ of Section 22-T110N-R50W from a Residence R-1A District to a Residence
R-3 District.
Proposal: Develop a high-density residential use along Western Avenue.
Background: Land use changes along Western Avenue from 8th Street to the bypass began in the
late 1940s. Land south of W. 13th Street contains many different residential uses that were
developed beginning around 1950 and continue to this day. These uses include single-family, two-
family, apartments, and mobile home parks. Most of the industrial uses and buildings that are north of
W. 13th Street were established in the 1970s.
The majority of the land in this area is in the Special Flood Hazard Area (SFHA). The SFHA is
adjacent to the Six-Mile Creek floodway/channel. Beginning in 1978, buildings constructed in the
SFHA were required to be built to a specific elevation according to local regulations and had to meet
all applicable FEMA regulations.
The three outlots contain two, single-family homes with accessory buildings. The homes were built in
the 1960s. The outlots are surrounded by high-density zoned land on the north, south, and west
sides. These areas contain apartment complexes and a mobile home park. Land to the east across
Western Avenue is used as an apple orchard and another apartment complex.
Specifics: Outlots A, B, and C contain a combined 1.46 acres. Outlots A and B have a combined
212 feet of frontage width on Western Avenue. The maximum density permitted in the R-3 District is
24 dwelling units per acre. However, based on current standards and customary building practices,
12-14 units per acre would be the anticipated density. If rezoned, the land would be required to be
elevated to a height similar to the adjacent land on the west and south sides prior to development.
Recommendation:
The Planning Commission voted 7 yes and 0 no to recommend approval of the rezoning.
Attachments:
Ordinance
Public Notice
Planning Commission Minutes & Summary
Zoning Map
Aerial Map
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Ordinance No. 15-008
An Ordinance to Change the Zoning within the City of Brookings
Be It Ordained by the City of Brookings, South Dakota:
Section 1. That the real estate situated in the City of Brookings, County of Brookings,
State of South Dakota, described as follows, to-wit:
Outlots A, B, and C in the S ½ of the N ½ of the SE ¼ of
Section 22-T110N-R50W
be and the same is hereby rezoned and reclassified from a Residence R-1A District to a
Residence R-3 District
In accordance with Section 94-7 of Article I of Ordinance 17-13 of the Code of
Ordinances of Brookings, South Dakota, as said districts are more fully set forth and
described in Articles III and IV, Chapter 94 of Ordinance No. 17-13 of the City of
Brookings, South Dakota.
Section 2. The permitted use of the property heretofore described be and the same is
hereby altered and changed in accordance herewith pursuant to said Ordinance No. 17-
13 of the City of Brookings, South Dakota.
Section 3. All sections and ordinances in conflict herewith are hereby repealed.
First Reading: May 26, 2015
Second Reading and Adoption: June 9, 2015
Published: June 12, 2015
CITY OF BROOKINGS
________________________
Tim Reed, Mayor
ATTEST:
_________________________
Shari Thornes, City Clerk
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If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities
Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting.
Published ______ time(s) at an approximate cost of $ _____________.
NOTICE OF HEARING
UPON PETITION TO REZONE
NOTICE IS HEREBY GIVEN That 3V2K, LLC has submitted a petition to rezone
the following described real estate in the City of Brookings, in Brookings County, South
Dakota:
Outlots A, B, and C in the S ½ of the N ½ of the SE ¼ of Section 22-T110N-
R50W from a Residence R-1A District to a Residence R-3 District.
NOTICE IS FURTHER GIVEN That said request will be acted on by the City
Planning Commission at 5:30 PM on Tuesday, May 5, 2015, in the Chambers Room on
the third floor of the Brookings City & County Government Center at 520 Third Street,
Brookings, South Dakota. Any action taken by the City Planning Commission is a
recommendation to the City Council.
Any person interested may appear and be heard in this matter.
Dated this 24th day of April, 2015.
____________________________
Dan Hanson
Planning & Zoning Administrator
OFFICIAL MINUTES
3V2K LLC has submitted a request to rezone Outlots A, B, and C in the S1/2 of the
N1/2 of the SE ¼ of Section 22-T110N-R50W from a Residence R-1A District to a
Residence R-3 District.
(Pierce/DeKraai) Motion to approve the rezoning as requested. All present voted aye.
MOTION CARRIED.
OFFICIAL SUMMARY
David Kneip, a partner in 3V2K, LLC, stated that the adjacent properties were currently
zoned for apartments and 2 new apartment complexes had been constructed to the
south and west. The land to be rezoned was occupied by two single-family dwellings.
Jason Bowes and Shawn Storhaug, adjacent landowners, supported the request and
felt it would complement their project. John Mills, an adjacent property owner, was
neutral on the rezoning request but was concerned about flooding in the area since the
land would have to be filled to be redeveloped with apartments. He felt any damming
effects on the west side of Western Avenue may cause problems for properties on the
east side. Pierce asked about the flow direction of any water from the site. Lanning
was unsure without a drainage plan for the property. She added that the historical flow
rates entering and leaving the site would be required to be maintained.
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 15-009,Version:2
Public Hearing and Action on Ordinance 15-009, an Ordinance for a Conditional Use Request for a
Group Home on Lot B, Block 1, Hunter’s Ridge Addition.
Proposal: Establish a supervised, adult care facility in a low-density residential district.
Background: This parcel was established in the 1890s as a farmstead. The property contains a
single-family home with a detached garage. In November 2014, the lot was rezoned to a Residence
R-1B District. Surrounding land uses include single-family dwellings to the south and east, and a
vacant lot to the north which is owned by a religious organization. The lot fronts on Main Avenue
South.
Specifics: Lot B contains 28,500 square feet of area. It has 115 feet of frontage width and varies in
depth from 216 to 275 feet. The proposal is to build an 8 bed group home with an attached three
stall garage. The exterior would have a residential appearance with two outdoor patios and a small
parking area along the south end. The parking spaces would be screened from adjacent residences
with a 6’ privacy fence. Perimeter landscaping would also be preserved or planted as shown on the
plan.
The attached plans include a site plan, two aerial views, and three elevations of the proposed
building.
A conditional use definition is as follows:
A use which, because of its unique or varying characteristics, cannot be properly classified as a
permitted use in a particular district. After due consideration, as provided in this chapter, of the
impact of such use upon neighboring land and of the public need for the particular use at a particular
location, such conditional use may or may not be granted.
The minimum standards for a group home are as follows:
A group home shall generally be located in an area where the residents are close to services.
Applicants shall provide statements as to the type of supervision the home will have and be prepared
to present information on all anticipated physical changes to the structure.
Recommendation:
The Planning Commission voted 7 yes and 0 no to recommend approval of the conditional use
subject to the conditions listed in the ordinance.
Attachments:
Ordinance
Hearing Notice
Planning Commission Minutes & Summary
Site Plan
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File #:ORD 15-009,Version:2
Aerial Map
Aerial Map with Site Plan
Building Elevations
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Ordinance No. 15-009
An Ordinance pertaining to an Application for a Conditional Use
for a Group Home in the Residence R-1B District.
Be It Ordained by the governing body of the City of Brookings, South Dakota that said
Conditional Use shall be approved for a Group Home on Lot B, Block 1, Hunter’s Ridge
Addition with the following conditions:
1. The privacy fence on the south side of the lot shall be relocated to the south
lot line.
2. The trash enclosure shall be relocated to the north side of the attached
garage or confined within the garage.
All sections and ordinances in conflict herewith are hereby repealed.
First Reading:May 26, 2015
Second Reading:June 9, 2015
Published:June 12, 2015
CITY OF BROOKINGS
__________________________
Tim Reed, Mayor
ATTEST:
________________________________
Shari Thornes, City Clerk
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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 APPLICATION FOR CONDITIONAL USE
NOTICE IS HEREBY GIVEN THAT ADVANCE Foundation, Inc. has submitted
an application for a Conditional Use on the following described real estate:
Lot B, Block 1, Hunter’s Ridge Addition
The request is to establish a Group Home in the Residence R-1B District.
NOTICE IS FURTHER GIVEN that said request will be acted on by the City
Planning Commission at 5:30 PM on Tuesday, May 5, 2015, in the Chambers Room on
the third floor of the Brookings City and County Government Center at 520 Third Street,
Brookings, South Dakota. Any action taken by the City Planning Commission is a
recommendation to the City Council.
Any person interested may appear and be heard in this matter.
Dated this 24th day of April, 2015.
____________________________
Dan Hanson
Planning & Zoning Administrator
OFFICIAL MINUTES
Advance Foundation has submitted an application for a Conditional Use on Lot B, Block
1, Hunter’s Ridge Addition to establish a Group Home in the Residence R-1B District.
(Pierce/Gregg) Motion to approve the Conditional Use as presented.
(DeKraai/Pierce) Amendment to the motion to add “provided the fence is relocated to
the south lot line and the trash enclosure is relocated to the north side of the attached
garage or confined within the garage”. All present voted aye. AMENDMENT
CARRIED.
The motion, as amended, was voted on. All present voted aye. MOTION CARRIED.
OFFICIAL SUMMARY
Brian Ardry, representing Advance Foundation, Inc., stated there was a need for
another group home in Brookings. The site plan had been acceptable to neighbors.
However, two design changes were proposed regarding the location of the south
privacy fence and the relocation of the trash receptacle and enclosure. He also noted
that outdoor lighting would be no different than what was customary for a single-family
residence.
Bailey asked what the traffic patterns would be to and from the site after 5 PM. Ardry
stated two vehicles would depart at 9 PM, one would arrive at 11 PM, and one would
leave at 11 PM. Only staff personnel would drive to and from the site. He added that
residents did not drive. Gregg asked what the capacity was of the home. Ardry replied
8.
Steve Timmerman and Rich Reid, neighbors, supported the plan with the proposed
changes.
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 15-010,Version:2
Public Hearing and Action on Ordinance 15-010, an Ordinance authorizing a Supplemental
Appropriation to the 2015 Budget for the purpose of providing for Additional Funds for the Operation
of the City.
Summary:
Be It Ordained by the City of Brookings, South Dakota:
WHEREAS, the 2014 assigned funds were established for capital projects not completed and capital
equipment not purchased to be expensed in 2015 budgets must be amended accordingly; and
WHEREAS, it is necessary to reduce budgets for insurance premium discounts and refunds,
WHEREAS, the Secretary of State eliminated administrative and equipment support for the election; and
WHEREAS, there was a damage to City equipment due to accidents it is necessary to recognize the
insurance reimbursement and the capital expense to replace the equipment; and
WHEREAS, the City is building a new street shop after the fire it is necessary to transfer funds for the project
and to recognize additional expenses for relocating the street department; and
WHEREAS, the City has approved the feasibility study for the I-29 overpass and interchange project; and
WHEREAS, the City reached an agreement with the Department of Transportation and CPN&E for the railroad
crossing arms; and
WHEREAS, the federal funds for the Main Avenue S & 26th Street South Project was held within the Public
Improvement Fund and now need to be transferred to the project; and
WHEREAS, the mowers budgeted to purchase in 2015 were discontinued in November of 2014 and similar
models cost more; and
WHEREAS, the pool heater at the Hillcrest Aquatic Center needs to be replaced; and
WHEREAS, the third dispatch station was moved up from 2016 to 2015 to accommodate the Next Generation
Project; and
WHEREAS, the Dakota Nature Center project needs the boardwalk trail restored, special equipment,
furnishings and plantings; and
WHEREAS, the landscaping and plantings around the Pioneer Park sign needs to be completed; and
WHEREAS, the Department of Transportation has offered to compensate the City for cost savings associated
with not paving the center medians; and
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File #:ORD 15-010,Version:2
WHEREAS STATE LAW (SDCL 9-21-7) AND THE CITY CHARTER (4.06 (a) permit supplemental
appropriations provided there are sufficient funds and revenues available to pay the appropriation when it
becomes due,
Now, Therefore, Be It Resolved by the City Council that the City Manager be authorized to make the following
budget adjustments to the 2015 budget:
Budget Amendment #1
Policy & Adm-City Council City Clerk, City Attorney, City
Manager Revenue
Expense
City Council 7,022
City Clerk 6,859
City Manager (242)
Total Policy & Administration 0 13,639
Financial Adm-Finance, Human Res
Human Resources (5,657)
Finance (5,010)
Total Financial Administration 0 (10,667)
Other-Non-Dept, Gen Gov Buildings, IT
Non-Departmental 3,300,000
General Government Buildings 2,518
City/County Administration Building (5,201)
Information Technology 1,663
Total Other 0 3,298,980
Public Safety-Police, Fire, Animal Control
Police 24,535 (9,950)
Fire 2,068
Animal Control (318)
Total Public Safety 24,535 (8,200)
Public Works-Comm Dev, Engineer, Street
Community Development (3,332)
Engineer (11,449)
Street 39,012 22,463
Total Public Works 39,012 7,682
Culture & Recreation-Park, Rec, Forestry, Library, Aquatic, Ice Arena
Dakota Nature Park 27,925
Hillcrest Aquatic Park (4,976)
Recreation 4,000 1,445
Parks 53,000 117,361
Larson Ice Arena (1,498)
Forestry 171,246
Library 500 (15,405)
Total Culture & Recreation 57,500 296,098
Total General Government 121,047 3,597,532
25% Sales & Use Tax 526,663
75% Public Improvement 1,004,203 (2,309,031)
E-911 65,757
Swiftel Center 180,486 180,486
Storm Drainage 335,030
Total Special Revenue 1,184,689 (1,201,095)
Dakota Nature Park 11,000 605,058
Gateway Project 23,000
S Main Project 955,625 642,432
Street Shop Project 4,100,000 1,656,006
Total Capital Projects 5,066,625 2,926,496
Liquor (6,355)
Airport (5,303)
Edgebrook Golf (1,891)
Solid Waste Collections (16,106)
Solid Waste Disposal (8,570)
Research & Technology Center 593
Total Enterprise Funds (37,632)
City of Brookings Printed on 6/3/2015Page 2 of 3
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File #:ORD 15-010,Version:2
Policy & Adm-City Council City Clerk, City Attorney, CityManager Revenue Expense City Council 7,022 City Clerk 6,859 City Manager (242)Total Policy & Administration 0 13,639Financial Adm-Finance, Human Res Human Resources (5,657) Finance (5,010)Total Financial Administration 0 (10,667)Other-Non-Dept, Gen Gov Buildings, IT Non-Departmental 3,300,000 General Government Buildings 2,518 City/County Administration Building (5,201) Information Technology 1,663Total Other 0 3,298,980Public Safety-Police, Fire, Animal Control Police 24,535 (9,950) Fire 2,068 Animal Control (318)Total Public Safety 24,535 (8,200)Public Works-Comm Dev, Engineer, Street Community Development (3,332) Engineer (11,449) Street 39,012 22,463Total Public Works 39,012 7,682Culture & Recreation-Park, Rec, Forestry, Library, Aquatic, Ice Arena Dakota Nature Park 27,925 Hillcrest Aquatic Park (4,976) Recreation 4,000 1,445
Parks 53,000 117,361
Larson Ice Arena (1,498)
Forestry 171,246
Library 500 (15,405)
Total Culture & Recreation 57,500 296,098
Total General Government 121,047 3,597,532
25% Sales & Use Tax 526,663
75% Public Improvement 1,004,203 (2,309,031)
E-911 65,757
Swiftel Center 180,486 180,486
Storm Drainage 335,030
Total Special Revenue 1,184,689 (1,201,095)
Dakota Nature Park 11,000 605,058
Gateway Project 23,000
S Main Project 955,625 642,432
Street Shop Project 4,100,000 1,656,006
Total Capital Projects 5,066,625 2,926,496
Liquor (6,355)
Airport (5,303)
Edgebrook Golf (1,891)
Solid Waste Collections (16,106)
Solid Waste Disposal (8,570)
Research & Technology Center 593
Total Enterprise Funds (37,632)
Background:
In 2014 the City issued the 2014A Bond for capital projects and equipment. We are using the funds
not spent for capital to build the street shop and to transfer funds back into the public improvement
fund.
Fiscal Impact:
This budget amendment moves money between projects and funds and uses 2014 capital
expenditures to finance 2015 capital expenditures. The fiscal impact of this budget amendment is
minimal.
Recommendation:
Staff recommends passing the ordinance as presented.
Attachments:
Ordinance
Budget Adjustment Summary
City of Brookings Printed on 6/3/2015Page 3 of 3
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Ordinance 15-010
An Ordinance authorizing a Supplemental Appropriation to the 2015 Budget for
the purpose of providing for Additional Funds for the Operation of the City.
Be It Ordained by the City of Brookings, South Dakota:
Whereas, the 2014 assigned funds were established for capital projects not completed
and capital equipment not purchased to be expensed in 2015 budgets must be
amended accordingly; and
Whereas, it is necessary to reduce budgets for insurance premium discounts and
refunds; and
Whereas, the Secretary of State eliminated administrative and equipment support for
the election; and
Whereas, there was a damage to City equipment due to accidents it is necessary to
recognize the insurance reimbursement and the capital expense to replace the
equipment; and
Whereas, the City is building a new street shop after the fire it is necessary to transfer
funds for the project and to recognize additional expenses for relocating the street
department; and
Whereas, the City has approved the feasibility study for the I-29 overpass and
interchange project; and
Whereas, the City reached an agreement with the Department of Transportation and
CPN&E for the railroad crossing arms; and
Whereas, the federal funds for the Main Avenue S & 26th Street South Project was
held within the Public Improvement Fund and now need to be transferred to the project;
and
Whereas, the mowers budgeted to purchase in 2015 were discontinued in November of
2014 and similar models cost more; and
Whereas, the pool heater at the Hillcrest Aquatic Center needs to be replaced; and
Whereas, the third dispatch station was moved up from 2016 to 2015 to accommodate
the Next Generation Project; and
Whereas, the Dakota Nature Center project needs the boardwalk trail restored, special
equipment, furnishings and plantings; and
Whereas, the landscaping and plantings around the Pioneer Park sign needs to be
completed; and
Whereas, the Department of Transportation has offered to compensate the City for cost
savings associated with not paving the center medians; and
Whereas State Law (SDCL 9-21-7) and the City Charter (4.06 (a) permit supplemental
appropriations provided there are sufficient funds and revenues available to pay the
appropriation when it becomes due.
Now, Therefore, Be It Resolved by the City Council that the City Manager be authorized
to make the following budget adjustments to the 2015 budget:
Budget Amendment #1
Policy & Adm-City Council City Clerk, City Attorney,
City Manager Revenue Expense
City Council 7,022
City Clerk 6,859
City Manager (242)
Total Policy & Administration 0 13,639
Financial Adm-Finance, Human Res
Human Resources (5,657)
Finance (5,010)
Total Financial Administration 0 (10,667)
Other-Non-Dept, Gen Gov Buildings, IT
Non-Departmental
3,300,000
General Government Buildings 2,518
City/County Administration Building
(5,201)
Information Technology 1,663
Total Other 0 3,298,980
Public Safety-Police, Fire, Animal Control
Police 24,535 (9,950)
Fire
2,068
Animal Control
(318)
Total Public Safety 24,535 (8,200)
Public Works-Comm Dev, Engineer, Street
Community Development
(3,332)
Engineer (11,449)
Street 39,012 22,463
Total Public Works 39,012 7,682
Culture & Recreation-Park, Rec, Forestry, Library, Aquatic, Ice
Arena
Dakota Nature Park 27,925
Hillcrest Aquatic Park
(4,976)
Recreation 4,000 1,445
Parks 53,000 117,361
Larson Ice Arena (1,498)
Forestry 171,246
Library 500 (15,405)
Total Culture & Recreation 57,500 296,098
Total General Government 121,047 3,597,532
25% Sales & Use Tax
526,663
75% Public Improvement 1,004,203 (2,309,031)
E-911 65,757
Swiftel Center 180,486 180,486
Storm Drainage
335,030
Total Special Revenue 1,184,689 (1,201,095)
Dakota Nature Park 11,000 605,058
Gateway Project 23,000
S Main Project 955,625 642,432
Street Shop Project 4,100,000 1,656,006
Total Capital Projects 5,066,625 2,926,496
Liquor
(6,355)
Airport
(5,303)
Edgebrook Golf
(1,891)
Solid Waste Collections
(16,106)
Solid Waste Disposal
(8,570)
Research & Technology Center
593
Total Enterprise Funds
(37,632)
All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
First Reading: May 26, 2015
Second Reading: June 9, 2015
Published: June 12, 2015
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 2015-0410,Version:1
Public Hearing and Action on Annual Malt Beverage Alcohol License Renewals.
Summary:
Enclosed for Council review and action are the On and Off Sale Malt Alcohol License renewals for
fiscal year 2015 (7/1/2015 to 6/30/2016). After Council action, applications will be forwarded to the
State Department of Revenue for final action and issuance of licenses.
Recommendation:
Staff recommends approval.
Attachments:
License Renewals
City of Brookings Printed on 6/3/2015Page 1 of 1
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Malt License Renewals
On-Off Sale Malt (retail):
Aramark/McCrory Gardens Visitors Center, 16th St. & 22nd Ave.
Brookings Softball Assoc. (Southbrook Softball Diamonds), 2800 22nd Ave. So.
Carpy’s Pub, 700 22nd Ave. So.
Casino 2000, 622 25th Ave.
The Children’s Museum of South Dakota, 521 4th St.
The Clothes Line Lounge, 727 Wilson Ave.
Cottonwood Bistro, 1710 6th St.
Cubby’s Sports Bar & Grill, 307 Main Ave.
Danny’s, 703 Main Ave. So.
The Depot, 919 20th St. So.
EdgeBrook Golf Course, 1415 22nd Ave. So.
Gas ‘N Mor, 600 6th St.
George’s Pizza & Steakhouse, 311 Main Ave.
Guadalajara, Village Square Mall #1
Hy-Vee Food Store, 790 22nd Ave. S.
KRAVE, Inc., 1040 22nd Ave. S.
Main Street Pub, 408 Main Ave.
New Sake, Inc., 724 22nd Ave. So.
Old Sanctuary, 928 4
th St.
Pizza Hut #2769, 418 6th St.
PNP Pub, 318 2nd St. So.
Ray’s Corner, 401 Main Ave.
Schoon’s PNP Pub South, 1203 Main Ave. So.
Sixth Street Diner, 615 Main Ave. So.
Skinner’s Pub, 300 Main Ave.
South Main Diner, 615 Main Ave. S.
Swiftel Center, 824 32nd Ave.
Via Italia, 1300 Main Ave. So.
Wooden Legs Brewing Co., 309 5th St., Suite 100
Off-Sale Malt (package):
BP of Brookings, Inc., 2420 6th St.
CHS (dba Zip Trip #63), 1005 6th St.
CHS (dba Zip Trip #64), 3045 LeFevre Dr.
El Tapatio, Inc., 1717 6th St.
Fireside Inc., 2515 E. 6th St.
Gas N Mor, 600 6th St.
Hy-Vee Food Store, 700 22nd Ave.
Hy-Vee Gas, 716 22nd Ave. So.
Jim’s Tap, 309 Main Ave.
Newman’s Kerr McGee, 503 6th St.
Pints & Quarts, 313 Main Ave.
Schoon’s Pump-n-Pak, 202 S. Main Ave.
Sully’s Irish Pub, 421 Main Ave.
Wal-Mart Supercenter #1538, 2233 6th St.
Off-Sale Malt and Off-Sale SD Farm Wine (package):
Casey’s General Store #1694, 620 8th St. So.
Casey’s General Store #2198, 122 West 6th St.
Casey’s General Store #2419, 534 22nd Ave. So.
On-Off Sale Malt & On-Off Sale SD Farm Wine (retail):
The Blizzard, Inc., 924 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 #:RES 14-091,Version:1
Public Hearing and Action on Resolution 14-091, vacating that portion of Ninth Street abutting Lot 12,
Block 7, and Lot 5, Block 12, Morehouse Addition and lying between Ninth Avenue and Medary
Avenue.
Proposal: Vacate 9th Street for one-half block west of Medary Avenue
Background: 9th Street was part of the platting of a large part of the Morehouse Addition back in
1887. The street is an 80 foot right-of-way and is comprised of two separate segments on the west
side of Medary Avenue. This segment goes from Medary Avenue west to 6th Avenue where it ends
in a “T” intersection. The alley that was originally platted north to south through Block 12 was
vacated in 1969. The alley south of 9th Street in this area is still a secondary public access drive.
Specifics: SDSU is the sole owner of the abutting property on both sides of this portion of 9th Street.
They also own the property on the north side that is west of the alley. The two houses on the south
side of the street and west of the alley are privately owned.
9th Street is a local residential street with low traffic counts. Most traffic traveling east on 9 th Street
to Medary Avenue will originate primarily from properties between 6th Avenue and 9th Avenue.
Therefore, it is not anticipated that 9th Avenue would see a significant change in traffic from the
closing of 9th Street near MedaryAvenue. Traffic would likely disperse and travel either south to 8th
St. or north to 11th St. Eighth St. is the major collector in this area that has an Average Daily Traffic
(ADT) count of about 3,500. Eleventh St. is a local street but has an ADT of about 3,000 between 9 th
Avenue and Medary Avenue due to the dorms and apartments in the area. Generally, local streets in
this neighborhood would likely not see more than 600 to 800 vehicles per day.
If vacated, existing utility installations would be placed within easements, or removed/relocated as
per Brookings Municipal Utility/SDSU decisions.
Recommendation: The Planning Commission voted 7 yes and 1 no to recommend approval of the
street vacation as proposed.
Attachments:
Resolution 14-091
Planning Commission Minutes
Hearing Notice
Vacate Map 1
Vacate Map 2
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File #:RES 14-091,Version:1
City of Brookings Printed on 6/3/2015Page 2 of 2
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Resolution No. 14-091
Street Vacation
Whereas, a petition to vacate has been filed with the City Clerk of the City of Brookings,
and
Whereas, the petition was filed in proper form and signed by one hundred percent
(100%) of the adjacent property owners.
Now, Therefore, Be It Resolved, by the City Council of the City of Brookings that the
portion of Ninth Street abutting Lot 12, Block 7, and Lot 5, Block 12, Morehouse
Addition, and lying between Ninth Avenue and Medary Avenue be vacated.
Passed and approved this 9th day of June, 2015.
CITY OF BROOKINGS
__________________________
Tim Reed, Mayor
ATTEST:
_______________________
Shari Thornes, City Clerk
Planning Commission
Brookings, South Dakota
October 7, 2014
OFFICIAL MINUTES
Chairperson Hal Bailey called the regular meeting of the City Planning Commission to order on Tuesday, October 7,
2014 at 5:30 PM in the Chambers Room #310 on the third floor of the City & County Government Center. Members
present were Donna DeKraai, James Drew, Greg Fargen, Alan Gregg, Alan Heuton, Lee Ann Pierce, Kristi Tornquist,
and Bailey. Absent was Cameron. Also present were Jacob Mills, Mike McClemans, Dean Kattelmann, Tim Burns,
Community Development Director Mike Struck, Planning and Zoning Administrator Dan Hanson, and others.
Item #1 – (Pierce/Gregg) Motion to approve the minutes from the September 2, 2014 meeting. All present
voted aye. MOTION CARRIED.
Item #2 – Bailey requested removing item #7, Vision 2020 Update, and moving it to a special meeting on
October 16th.
(Heuton/Tornquist) Motion to approve the amended agenda. All present voted aye. MOTION CARRIED.
Item #3a – Sunny Ridge Inc has submitted a Final Plat of Lot 7B and 7C, Block 11, McClemans Addition.
Item #3b -Sioux Empire Development Corporation has submitted a Final Plat of Lots 4-9, Block 6; and Lots
6-8, Block 7, Timberline Addition.
Item #3c -M LLC, has submitted a Final Plat of Lots 10, 14A, and 15-18, Block 4, Moriarty Heights
Addition.
(Pierce/Tornquist) Motion to approve the Final Plats contingent upon utility and drainage easements. All
present voted aye. MOTION CARRIED.
Item #4 -SDSU has submitted a petition to vacate that portion of 9th Street located between 9th Avenue and
Medary Avenue.
(Heuton/Fargen) Motion to approve the vacation as presented. Drew, Fargen, Gregg, Heuton, Pierce,
Tornquist and Bailey voted aye. DeKraai voted no. MOTION CARRIED.
Item #5 -Dean B. Christie, Authorized Representative of the Christie Family Trust, has submitted a petition
to rezone a portion of the W1/2 of the Christie Heights Addition in the SW ¼ of the NW ¼ of Section 2-
T109N-R50W from a Residence R-1B District to a Residence R-1C District.
(Gregg/Drew) Motion to approve the rezoning as presented. All present voted aye. MOTION CARRIED.
Item #6 -John H. Mills has submitted a petition to rezone R’Surene Morgan Farm Addition in the NW ¼ of
the NW ¼ of Section 6-T109N-R49W from a Residence R-3A District to a Business B-3 District.
(Tornquist/Pierce) Motion to approve the rezoning as presented. All present voted aye. MOTION
CARRIED.
The meeting was adjourned.
_______________________________________________
Dan Hanson, Secretary Hal Bailey, Chairperson
Planning & Zoning Administrator
Planning Commission
Brookings, South Dakota
October 7, 2014
OFFICIAL SUMMARY
Chairperson Hal Bailey called the regular meeting of the City Planning Commission to order on Tuesday,
October 7, 2014 at 5:30 PM in the Chambers Room #310 on the third floor of the City & County Government
Center. Members present were Donna DeKraai, James Drew, Greg Fargen, Alan Gregg, Alan Heuton, Lee
Ann Pierce, Kristi Tornquist, and Bailey. Absent was Cameron. Also present were Jacob Mills, Mike
McClemans, Dean Kattelmann, Tim Burns, Community Development Director Mike Struck, Planning and
Zoning Administrator Dan Hanson, and others.
Item #3a – Hanson noted that 5 feet was added to the east end of Lot 7A so that Lots 7B and 7C would be
in-line with the rear lot line of Lot 6A.
Item #3b – This plat matches the preliminary plat that was approved earlier this year.
Items #3c – This plat matches the preliminary plat approved in 2008. Lot 14A is a replat of Lot 14 due to the
location of a storm sewer pipe under lot 15.
Items #4 – Hanson stated the street vacation involved ½ block of 9
th Street, west of Medary Avenue. SDSU
was the sole owner of the properties on the north and south sides of the street. This portion of 9
th Street
extended from Medary Avenue to 6th Avenue. Ninth Street was a local residential street with low traffic
counts and most traffic traveling east on 9
th Street to Medary Avenue would originate primarily from
properties between 6th Avenue and 9th Avenue.
Mike McClemans, a concerned citizen, asked if a turn-around would be provided. Hanson remarked that the
redevelopment plans that he had seen indicated a turn-around near the alley. Dean Kattelmann, representing
SDSU, stated a turn-around was in the plans.
DeKraai was concerned about how the street vacation would impact traffic patterns in the neighborhood. She
felt the neighborhood was an historic part of the city and the street vacation would negatively affect it.
Items #5 – Hanson noted the rezoning involved 5 preliminarily platted lots along Western Avenue. The
proposed R-1C District zoning would retain the same types of permitted uses as the current R-1B District but
slightly increase the units per acre density since the minimum lot area would be reduced from 10,000 square
feet to 7,500 square feet. This would allow for the addition of two more lots.
Items #6 - Hanson stated that the rezoning proposal involved a large tract of land that currently contained
several uses. The land had originally been part of a large mobile home park project that began in the 1970s.
Later on, the land was platted off and sold. The parcel was annexed into the city in 2012. The Edgebrook
Golf Course was located north of the property, a single-family residence and mobile park were across 22
nd
Avenue to the west, and a mobile home park was to the south and east.
Heuton asked why the request was for a Business B-3 District rather than a B-2 District. He felt a temporary
storage use, which was allowed in the B-3, would not be a good fit near the streets. Jacob Mills, representing
John Mills, stated the B-3 District would allow a current use to come into conformance with zoning. He added
that a temporary storage facility was contemplated but the use would be on the south or east side of the parcel
and not along any rights-of-way. These areas would be reserved for general retail uses. He also noted that
some uses were conditional uses in the B-2 but permitted in the B-3. He preferred not to have to come back
later with another application.
Pierce asked if the golf course would be impacted negatively by this commercial zoning. Hanson responded
that courses are often near commercial areas but it does not seem to impact them since they are a daytime use
only.
The meeting was adjourned.
________________________________________________
Dan Hanson, Secretary Hal Bailey, Chairperson
Planning & Zoning Administrator
If you require assistance, alternative formats and/or accessible locations consistent with the Americans with
Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting.
Published ______ time(s) at an approximate cost of $ _____________.
NOTICE OF HEARING
UPON PETITION TO VACATE
NOTICE IS HEREBY GIVEN That South Dakota State University has submitted a petition to
vacate the following:
that portion of Ninth Street abutting Lot 12, Block 7, and Lot 5, Block 12,
Morehouse Addition and lying between 9
th Avenue and Medary Avenue
NOTICE IS FURTHER GIVEN That said request will be acted on by the City Council at 6:00
PM on Tuesday, October 28, 2014, in the Chambers Room on the third floor of the Brookings
City and County Government Center at 520 Third Street, Brookings, South Dakota.
Any person interested may appear and be heard in this matter.
Dated this 10th day of October, 2014.
__________________________
Dan Hanson
Secretary, City Planning Commission
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 2015-0421,Version:1
Action on an Annexation Agreement between the City of Brookings and Novitas Aurora, LLC.
Summary:
The City of Brookings is proposing an annexation agreement with Novitas Aurora, LLC as a condition
of connection to Brookings Municipal Utilities sanitary sewer facilities.
Background:
Novitas Aurora, LLC has requested connection to Brookings Municipal Utilities sanitary sewer
facilities. Brookings Municipal Utilities has a policy whereby properties must be annexed into city
limits prior to connecting to city utilities. Waivers from the policy can be approved. In the case of
Novitas Aurora, LLC, it is to the benefit of the City to provide sanitary sewer services to ensure
protection of the drinking water supply serving the City.
The annexation agreement is being proposed as a condition of connecting to the sanitary sewer.
The property in question does not meet the statutory requirements for annexation at this time.
However, by implementing an annexation agreement, the City receives protection that the property
owner will not dispute a future annexation when it meets statutory requirements for annexation in
exchange for receiving city services.
Recommendation:
Staff recommends approval.
Attachments:
Agreement
Map
City of Brookings Printed on 6/3/2015Page 1 of 1
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1
ANNEXATION AGREEMENT
This Agreement entered into this 9th day of June, 2015, between the City of Brookings,
South Dakota, (hereinafter “City”) and Novita Aurora, LLC (hereinafter “Owner”).
Whereas, the Owner of the real property described below has requested connection to
the City’s sanitary sewer collection system; and
Whereas, the City has a policy of extending such service only to properties which are
located within the City limits, or which will in the future be annexed to the City; and
Whereas, the City is willing to provide such service to the Owner upon the condition that
the Owner, and its successors and assigns, will not oppose future annexation of the
property described below into the City; and
Whereas, the City owns and uses property which is adjacent to the Owner’s property for
purposes of supplying a portion of the City’s water supply; and
Whereas, it is in the best interest of the City to protect such water supply sources for the
health, safety and general welfare of its residents and customers; and
Whereas, pursuant to South Dakota Codified Law 9-4-1.1, municipalities are authorized
to enter into annexation and development agreements with landowners.
Now therefore, it is agreed by and between the parties as follows:
1. Owner represents that it is the sole Owner of the following real estate located in
Brookings County, South Dakota:
The NE ¼ of Section 33, Township 110 North, Range 49 West, Brookings
County, South Dakota; and
Lot 1, Novita Addition in N ½ of SE ¼ of Section 33, Township 110 North,
Range 49 West, Brookings County, South Dakota
(hereinafter “Owner’s property”)
2. In consideration for the City’s agreement to allow Owner to connect its property
to one or more of the City’s Utility Systems, the Owner, on behalf of itself and its
successors and assigns, does hereby convey unto the City the irrevocable and
perpetual right to file a Petition for Annexation at any time after annexation of
Owner’s property becomes permissible, as described herein, and Owner and its
successors and assigns agree not to submit or file any objection to such
annexation. For purposes of this agreement, annexation will be deemed
2
permissible if it meets the requirements of South Dakota Codified Law, Chapter
9-4, Change of Municipal Boundaries.
3. The City will allow Owners to connect utility lines serving Owner’s property to the
City’s system. Owner will make the waste water line connection to City’s
connection at its expense. Owner will obtain all necessary permits for the
connection and pay all fees required to connect to the City’s waste water
systems. For City utilities, Owner elects to pursue waste water connection.
Owner will become a utility customer of the City and will pay all fees and charges
established by the City. The City acknowledges that the Owner intends to use its
own wells for water to operate Owner’s facility. Owner has the right, but shall not
be compelled to connect to the City for water to operate Owner’s facility; and
Owner may use its wells until such time as the wells become unsuitable for its
use due to pressure, capacity, chemical composition, private pre-treatment
factors, or due to state and/or federal environmental regulations, or any other
reason determined by the company or regulators. With regard to electrical
service, in the event of annexation, the City shall have the right pursuant to South
Dakota Codified Law to determine if it wishes to serve the Owner with electricity.
If such right is exercised by the City, the City shall follow applicable state laws
pertaining to service territory compensation to the current rural electric provider.
4. All utility lines and appurtenances serving Owner’s property shall be located
within standard utility easements and constructed in compliance with City
regulations and standards. Construction of utility lines and appurtenances shall
be inspected by the City as though the property were within the City limits and
shall be subject to City approval. The utility lines and appurtenances shall be
considered private utilities and be the responsibility of the Owner.
5. Utility lines serving property other than Owner’s property shall not be connected
to the lines serving Owner’s property without the City’s consent.
6. To the extent allowed by law and this agreement, City may annex Owner’s
property to the City, without further action or objection of the Owner or its
successors and assigns, after Owner’s property becomes eligible for annexation
to the City.
7. Owner on its behalf, and on behalf of its successors and assigns, does hereby
waive any objections to the annexation of its property, or any part thereof into the
City of Brookings as provided in this agreement. Owner does hereby authorize
the City to take any action necessary to complete the annexation of its property
in accordance with this agreement.
8. Owner further agrees that it shall not consent to voluntary annexation of its
property by any other municipality without the consent of the City.
3
9. Owner shall give a copy of this agreement to each and every person who buys all
or a portion of Owner’s property, and this Agreement may be recorded in the
office of the Brookings County Register of Deeds by the City.
10.If Owner fails to comply with any of the provisions of this agreement, or repudiate
the terms of this agreement, City may terminate utility service to Owner’s
property and disconnect the utility lines serving Owner’s property from the City’s
system. City shall give Owner six months prior written notice of its intent to
terminate service.
11.This agreement is not intended to confer any rights or remedies on any person
other than the parties hereto.
12.The benefits and burdens of this agreement are intended to attach to and run
with the land and shall be binding on and inure to the benefit of the parties and
their respective legal representatives, successors, heirs and assigns. All persons
claiming under the parties shall conform to and observe the provisions of this
agreement.
In witness whereof, the parties have executed this agreement on the day and year
first above written.
City of Brookings, SD Owner: Novita Aurora, LLC
By:By Its:
Jeffrey W. Weldon, City Manager
ATTEST:
Shari Thornes, City Clerk
CITYCITY NOVITA
Legend
Railroads
CityLimits
0 3,750 7,500 11,250 15,0001,875
Feet-
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 2015-0418,Version:1
Action on 6th Street Bridge Railing Up Charge.
Summary:
The City of Brookings requested DOT consider a design alternative to the standard DOT bridge
railing as part of the 6th Street Reconstruction Project.
Background:
In 2011, the Gateway Project materialized with the intent of improving the aesthetic entrances of the
community. The project entailed gateway entrance signs at key entrances to the community as well
as maintaining the signage theme for designated parks throughout the community. The project also
envisioned improving pedestrian access through Rotary Park with a pedestrian trail, lighting, and
additional tree plantings. The next phase of the Gateway Project involves the street lighting, bridge
enhancements, and landscaping along 6th Street from 22nd Avenue east to 34th Avenue.
The DOT will be reconstructing 6th Street in 2016 and as part of the project, will remove the bridge
structures over Interstate 29 (Exist 132) and replace with one bridge structure. Pedestrian access is
being incorporated with the new bridge structure. The DOT standard for bridge railing is chain link
fence. Recent DOT construction projects have included the provision for colored chain link fence.
City staff has been coordinating with DOT staff on a bridge railing design involving a wrought iron-
type design rather than the standard chain link. The intent is to enhance the bridge structure as it
serves as a key gateway to the community and is often the first impression visitors receive as they
enter the community.
DOT has provided cost estimates on three main components of the reconstruction project thus far at
the request of the City. The first two were previously discussed and have just recently provided an
estimate for the railing.
¾ access at LeFevre Drive - $172,000
Street Lighting Up charge - $380,000
Bridge Railing Up charge - $105,000
The LeFevre Drive ¾ access is a long-term investment associated with providing access to the DOT
property purchased by the City for future commercial development. The street lighting and bridge
railing upgrades are part of the Gateway Project. DOT staff are waiting for a decision from the City
prior to proceeding to final design of the bridge structure.
Fiscal Impact:
The estimate for the bridge railing up charge is $105,000.
Recommendation:
City of Brookings Printed on 6/3/2015Page 1 of 2
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File #:ID 2015-0418,Version:1
Staff recommends approval.
Attachments:
Pedestrian Railing
City of Brookings Printed on 6/3/2015Page 2 of 2
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Pedestrian Railing Concept
Bridge Railing Concept
DOT Pedestrian/Bridge Railing