HomeMy WebLinkAbout2015_07_28 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
Council Chambers6:00 PMTuesday, July 28, 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.ID 2015-0501 Action to approve the May 26, July 7, July 14, and July 21 Council
Minutes.
5/26/2015 Minutes
7/7/2015 Minutes
7/14/2015 Minutes
7/21/2015 Minutes
Attachments:
3.C.RES 15-082 Action to approve Resolution 15-082, a Resolution Declaring Surplus
Property (Airport Loader).
ResolutionAttachments:
Page 1 City of Brookings
July 28, 2015City Council Meeting Agenda
3.D.RES 15-083 Action to approve Resolution 15-083, a Resolution Declaring Surplus
Property (HP Designjet plotter).
ResolutionAttachments:
4. Items removed from Consent Agenda.
Action: Motion to Approve, Request Public Comment, Roll Call
5. Open Forum/Presentations/Reports:
5.A. Open Forum.
At this time, any member of the public may request time on the agenda for an item not
listed. Items are typically scheduled for the end of the meeting; however, very brief
announcements or invitations will be allowed at this time.
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 15-013 Introduction and First Reading on Ordinance 15-013, an Ordinance for
Residency Requirements for Board of Adjustment members. Public
Hearing: August 11, 2015. Public Hearing: August 11, 2015.
Ordinance
Public Notice
July Planning Commission Minutes and Summary
Attachments:
7.B.ORD 15-014 Introduction and First Reading on Ordinance 15-014, an Ordinance
establishing additional requirements for posting rezoning and conditional
use signs. Public Hearing: August 11, 2015.
Ordinance
Public Notice
July Planning Commission Minutes and Summary
Attachments:
7.C.ORD 15-015 Introduction and First Reading on Ordinance 15-015, an Ordinance to
rezone a portion of the Christie Springs Addition from a Residence R-1C
District to a Residence R-3 District and from a Residence R-1C and R-3
District to a Business B-2 District. Public Hearing: August 11, 2015.
Ordinance
Public Notice
Drawing
July Planning Commission Minutes and Summary
Attachments:
7.D.ORD 15-016 Introduction and First Reading on Ordinance 15-016, an Ordinance for a
Page 2 City of Brookings
July 28, 2015City Council Meeting Agenda
Conditional Use Permit on Lot 4, Block 1, Gilkerson Second Addition;
300 32nd Ave. Public Hearing: August 11, 2015.
Ordinance
Public Notice
Drawing
July Planning Commission Minutes and Summary
Attachments:
8. Public Hearings and Second Readings:
8.A.ORD 15-012 Public Hearing and Action on Ordinance 15-012, an Ordinance
proposing major and minor amendments to an Initial Development Plan
within a Planned Development District on Lots 1-3, Block 4, Folsom
Addition.
Ordinance
Notice
Minutes and Summary
IDP Plans
Attachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Legislative History
7/14/15 City Council read into the record
8.B.RES 15-081 Public Hearing and Action on Resolution 15-081, a Resolution of Intent
to Lease Hay Land in the NE ¼ of Section 11-T109N-R50W (Southeast
of 32nd Street South and Main Avenue South) to David Rochel, Aurora,
SD.
Resolution
Map
Attachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
9. Other Business:
9.A.RES 15-075 Action on Resolution 15-075, a Resolution setting forth a schedule of
Proposed Fines for Violations of the Ordinances of the City of Brookings
(2016 Fine Schedule).
ResolutionAttachments:
Action: Motion to Approve, Request Public Comment, Roll Call
9.B.RES 15-078
Action on Resolution 15-078, a Resolution setting forth a Schedule of
Proposed Fines, Fees and Procedures pertaining to Keeping and
Control of Animals in the City of Brookings, SD.
ResolutionAttachments:
Action: Motion to Approve, Request Public Comment, Roll Call
Page 3 City of Brookings
July 28, 2015City Council Meeting Agenda
9.C.RES 15-079 Action on Resolution 15-079, a Resolution establishing a Policy for the
Disposal of City Real Property.
ResolutionAttachments:
Action: Motion to Approve, Request Public Comment, Roll Call
9.D.ID 2015-0493 Action on a Purchase Agreement for Property for Purposes of Executing
a Street and Utility Improvement Project.
Purchase Agreement
Area Map
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
9.E.ID 2015-0521 Action on City of Brookings Visioning Statement and Guiding Principles.
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 #:ID 2015-0501,Version:1
Action to approve the May 26, July 7, July 14, and July 21 Council Minutes.
Attachments:
May 26 Council Minutes
July 7 Council Minutes
July 14 Council Minutes
July 21 Council Minutes
City of Brookings Printed on 7/23/2015Page 1 of 1
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Brookings City Council
May 26, 2015 (unapproved)
The Brookings City Council held a meeting on Tuesday, May 26, 2015 at 6:00 p.m., at
City Hall with the following members present: Mayor Tim Reed, Council Members Keith
Corbett, Dan Hansen, Patty Bacon, Scott Meyer, and Jael Thorpe; Council Member
Ope Niemeyer was absent. City Attorney Steve Britzman, City Manager Jeffrey
Weldon, and City Clerk Shari Thornes were also present.
Proclamation.A Proclamation was read declaring May 26, 2015 as Bobcat Baseball
2015 State Champions Day.
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: 6 - Reed, Corbett, Hansen, Thorpe, Meyer, and Bacon; Absent: 1 –
Niemeyer.
3.A. Action to approve the agenda.
3.B. Action to approve the May 12 City Council Minutes.
3.C. Action on Abatement for Parcel 40999-00011-107-00; Mobile Home on Leased
Site in Normandy Village, #107 in the amount of $44.93.
3.D. Action on Resolution 15-060, a Resolution authorizing the City Manager of
the City of Brookings, SD to sign the Cooperative Fire Agreement with the State
of South Dakota.
Resolution No. 15-060 - Resolution authorizing
the City Manager of the City of Brookings, South Dakota to sign the
Cooperative Fire Agreement with the State of South Dakota.
Be It Resolved by the City Council of the City of Brookings, South Dakota (the “City”), as
follows: The City Manager of the City of Brookings is hereby authorized to sign the
Cooperative Fire Agreement between the State of South Dakota, by and through the
South Dakota Department of Agriculture, Division of Wildland Fire Suppression, and the
City of Brookings, South Dakota, and
This Resolution shall constitute Proof of Authority of the City Manager of the City
Brookings to sign the above-described Agreement on behalf of the City of Brookings,
South Dakota.
City of Brookings 2014 Annual Financial Report.Chris Lindner, CPA, CGMA,
Manager, BKD, LLP, presented the 2014 Financial Audit and the City of Brookings
Comprehensive Financial Report.
Brookings Health System Hospital Expansion and Renovation.Jason Merkley,
CEO, and Barb Anderson, Foundation Development Officer, provided an update on the
Brookings Health System Expansion and Renovation Project.
Mayor’s Annual State of the City Message. Mayor Reed presented his annual State
of the City Message.
“It is great to see people taking the initiative to get involved in our community and city
government. We need to make sure we don’t stop the enthusiasm of these folks.
I am proud to say this is a community with initiative. I looked up the synonyms for
initiative and found these words: creativity, enterprise, inventiveness, lead, advantage,
and resourcefulness. These are all words that describe the spirit of Brookings.
I saw this quote recently and I think it is appropriate as we govern this council year:
“Public happiness exists when citizens can take part responsibility for public good and
public life. Everywhere, there are men, women, children, whether old or young, rich or
poor, tall or short, wise for foolish…. Everyone is highly motivated by a desire of being
seen, heard, considered, approved and respected by the people around him and known
by him.” – John Adams
What is the State of the City of Brookings? A
financially healthy and growing city! Let’s review
4 key indicators.
Sales tax revenue over the last five (5) years has
grown more than $1.3M. In 2014, value included
Bel Brand’s equipment purchases sales tax’s
that was rebated to them. We are still seeing
good economic and revenue growth for the city.
Our retail growth was 2.4%.
We need to keep working with our federal
delegation to get the Market Place Fairness Act
passed into law. Sales tax is our biggest
revenue source to keep providing high quality
services to the public.
We had great results regarding the 3rd Penny
BBB taxes. In 2014, we had an increase of
$44,318 with 5.7%. I was concerned when we
had minimal growth in 2013. We also saw an
increase in the pillow tax. Thank you to the
Convention Visitors Bureau for their hard work in
bringing people to our beautiful city.
I replaced the unemployment level graph with
workforce this year. Work force attraction has
been a popular topic. As you can see, we
have made progress in 2014 but have a long
way to go to satisfy our needs. I’d like to see the council set a strategic goal of work
force retention and attraction during our retreat in June. It would be great to see a
return to pre-recession levels.
Building permits are more than $48M, which is
down from $58M last year. Last year included
Bel and some apartments. This number will
fluctuate, but we have seen good growth the
past three years.
Brookings bond rating of Aa3 shows how well
Wall Street approves of our financial
management.
Our resources have grown because tax
revenues have been higher than forecasted for several years and city staff has been
staying within budgeted expenditures. We should have a discussion during this year’s
budget process on what is appropriate to have in reserves. It is prudent to make sure
we are covered for unplanned expenditures. If we have the funds, they should be used
for the people of Brookings.
Continued increases in property valuation also show a healthy representation of
economic growth.
My only caution flag is to be wise about debt. Maintaining good coverage ratio is
important. A lot of debt has been taken on for government facilities, fiber to the home,
waste water treatment, electric service upgrades, skilled care facility, and soon the
Brookings Hospital expansion and renovation. All were done with a close eye on
solvency so let’s keep that up!
2014 Strategic Plan Update:
Great Economic Development: 3M Expansion Announcement, BEDC Incubator, SD
Education Campus, and Niche Retail Grant.
South Main expansion is completed. This project opened up 600 acres for growth.
Lean programs implemented: time clock automation, Council agenda management
software, and Police Department in-vehicle report filing computerized system.
My focus for 2015-16 Council Year is as follows:
Amenity Investment – If we want to grow and retain our workforce and keep the
active generation from moving away from Brookings when we retire, we must
continue to improve the quality of life in Brookings.
Infrastructure Planning – Finish Overpass/Interchange Feasibility – Then figure out
the next steps and timing?
Retail Growth – Focus on leakage, amenity development, and create shopping
experiences
High Performing Government – LEAN Projects must continue.
Transparency – Easier for community input on budget and more financial
information on the internet.
Sustainability – Figure out “what’s next”?
Downtown and Core Neighborhoods – Keep investing and rethinking about
downtown – protect and improve the core neighborhoods and downtown for
alternative housing options.
This Council will have to lead with a vision of what Brookings should be. Otherwise we
are doing Jeff’s job – managing.
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.
We will have our Council “Advance” on June 17th, and collaborate to find the vision the
Council will lead with. We shall then figure out the long-term strategy to accomplish the
mission and vision.
My favorite quote as an elected leader is, “A community, like an individual, has work to
do.” – Aristotle
A special thanks to: The Citizens of Brookings, Volunteer Board Members, Jeff Weldon
and City Staff, City Clerk and her staff, and my fellow Council Members.”
Resolution 15-058. A motion was made by Council Member Hansen, seconded by
Council Member Corbett, that Resolution 15-058, a Resolution awarding the contract for
the purchase of a 1200 Gallon Con Cover All-Purpose Spraying Machine, be approved.
The motion carried by the following vote: Yes: 6 - Reed, Corbett, Hansen, Thorpe,
Meyer, and Bacon; Absent: 1 – Niemeyer.
Resolution 15-058 - Resolution Awarding Bids for a
1200 Gallon Con Cover All Purpose Spraying Machine
Whereas, the City of Brookings has received two bids on May 5, 2015 for one (1) new
or used 1200 Gallon Con Cover All Purpose Spraying Machine: New Waste Concepts,
Inc. Perrysburg, OH, in the amount of $95,400.00 new; and New Waste Concepts, Inc.
Perrysburg, OH, in the amount of $81,000.00 used.
Now Therefore, Be It Resolved that the bid from New Waste Concepts, Inc. for one
used 1200 Gallon Con Cover All Purpose Spraying Machine in the amount of
$81,000.00 be accepted.
Resolution 15-059. A motion was made by Council Member Hansen, seconded by
Council Member Meyer, that Resolution 15-059, a Resolution awarding the contract for
the Street Department Maintenance Facility Demolition Project, be approved. The
motion carried by the following vote: Yes: 6 - Reed, Corbett, Hansen, Thorpe, Meyer,
and Bacon; Absent: 1 – Niemeyer.
Resolution 15-059 - Resolution Awarding Bids on
Street Department Demolition Project
Whereas, the City of Brookings opened bids for the Street Department Demolition
Project on Tuesday, May 12, 2015 at 1:30 p.m. at the Brookings City and County
Government Center; and
Whereas, the City of Brookings has received the following bids for the Street
Department Demolition Project: Prussman Construction $49,048.00, VJ Ahlers
Excavating $48,875.00.
Now Therefore, Be It Resolved that the project be awarded to VJ Ahlers Excavating for
the low bid of $48,875.00.
Resolution 15-057. A motion was made by Council Member Thorpe, seconded by
Council Member Hansen, that Resolution 15-057, a Resolution to purchase an 11’ Toro
Mower from the State Contract List, be approved. The motion carried by the following
vote: Yes: 6 - Reed, Corbett, Hansen, Thorpe, Meyer, and Bacon; Absent: 1 –
Niemeyer.
Resolution15-057 - Resolution to Purchase One New Toro 11’ Mower
for the Parks, Recreation & Forestry Dept. (Parks)
Whereas, the City of Brookings has sought and received the following quote for One
New Toro 11’ Mower from the Midwest Turf and Irrigation through a cooperative
purchasing agreement with the National Association of State Purchasing Officials and
the Western States Contracting Alliance: Midwest Turf and Irrigation/Toro, with a Base
Price of $60,214.000, a Sunshade for a cost of $524.00, the Road Package for a cost of
$728.00, for a Final price of $61,563.00.
Now Therefore, Be It Resolved that the contract from the Midwest Turf and
Irrigation/Toro in the amount of $61,905.00 be accepted.
The capital budget for this expenditure is $62,000.00 (including budget amendment).
Resolution 15-064. A motion was made by Council Member Corbett, seconded by
Council Member Hansen, that Resolution 15-064, a Resolution authorizing the City
Manager to sign an agreement for professional services for a 20th Street South
Interstate Access Evaluation, be approved. The motion carried by the following vote:
Yes: 6 - Reed, Corbett, Hansen, Thorpe, Meyer, and Bacon; Absent: 1 – Niemeyer.
Resolution No. 15-064 - Resolution authorizing the City Manager
to sign an Agreement for Professional Services for a 20th Street South Interstate Access
Evaluation.
Whereas, the Brookings City Council identified a transportation need for a future
interchange at 20th Street South and Interstate 29; and
Whereas, the City of Brookings desires professional services with HDR Engineering,
Inc. for a interstate access evaluation of the proposed 20th Street South interchange.
Now, Therefore Be It Resolved that the City Manager of the City of Brookings is
authorized to sign the Agreement and other related documents for the 20th Street South
interstate access evaluation.
First Reading – Ordinance 15-008.Introduction and First Reading was held 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. Public Hearing: June 9, 2015.
First Reading – Ordinance 15-009.Introduction and First Reading was held on
Ordinance 15-009, an Ordinance for a Conditional Use Request for a Group Home on
Lot B, Block 1, Hunter’s Ridge Addition. Public Hearing: June 9, 2015.
First Reading – Ordinance 15-010.Introduction and First Reading was held 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.
Public Hearing: June 9, 2015.
Resolution 15-065.A public hearing was held on Resolution 15-065, a Resolution of
Intent to Lease Real Property to Brookings Economic Development Corporation. A
motion was made by Council Member Thorpe, seconded by Council Member, that
Resolution 15-065 be approved. The motion carried by the following vote: Yes: 6 -
Reed, Corbett, Hansen, Thorpe, Meyer, and Bacon; Absent: 1 – Niemeyer.
Resolution No. 15-065 - Resolution of Intent to Lease Real Property
to Brookings Economic Development Corporation
Be It Resolved by the governing body of the City of Brookings, South Dakota that the
City of Brookings intends to enter into a lease agreement with Brookings Economic
Development Corporation on a month to month basis for a period not to exceed one
year and pertaining to the following described property: Research & Technology Center
–813 32nd Avenue.
The Lease will be an amount of $4.00 per square foot based on the agreed upon square
footage of 1,308 square feet on a month to month basis for a period not to exceed one
(1) year.
Be It Further Noted, that a Public Hearing on this Resolution was held on May 26, 2015
at 6:00 o’clock P.M. at the Brookings City & County Government Center and that all
persons were given an opportunity to be heard on the intent to lease real property.
Resolution 15-062. A public hearing was held on Resolution 15-062, a Resolution of
Intent to Lease Real Property to Private Person (City Hay). A motion was made by
Council Member Hansen, seconded by Council Member Corbett, that Resolution 15-062
be approved. The motion carried by the following vote: Yes: 6 - Reed, Corbett, Hansen,
Thorpe, Meyer, and Bacon; Absent: 1 – Niemeyer.
Resolution No. 15-062 - Resolution of Intent to Lease Real Property
to Private Person (City Hay)
Be It Resolved by the governing body of the City of Brookings, South Dakota, that the
City of Brookings intends to enter into a Lease with Scott Werre for a period of two (2)
years, commencing May 26, 2015 and ending December 31, 2016, and pertaining to the
following described property: The designated hay land, sixty (60) acres more or less, in
Section 21, T110N-R50W in the City of Brookings, Brookings County, South Dakota.
The Lease will be an amount of One Hundred Thirty Two Dollars ($132.00) for hay land,
payable the first half payment will be due July 1st with the second half due November
1st of each year.
Be It Further Noted, that a Public Hearing on this Resolution was held on May 26, 2015,
at 6:00 o’clock P.M. in the Chambers of the City & County Government Center and that
all persons were given an opportunity to be heard on the intent to lease real property.
Resolution 15-063. A public hearing was held on Resolution 15-063, a Resolution of
Intent to Lease Real Property to Private Person (Airport Hay). A motion was made by
Council Member Meyer, seconded by Council Member Bacon, that Resolution 15-063
be approved. The motion carried by the following vote: Yes: 6 - Reed, Corbett, Hansen,
Thorpe, Meyer, and Bacon; Absent: 1 – Niemeyer.
Resolution 15-063 - Resolution of Intent to Lease Real Property
to Private Person (Airport Hay)
Be It Resolved by the governing body of the City of Brookings, South Dakota, that the
City of Brookings intends to enter into a Lease with Jason Voss for a period of two (2)
years, commencing on May 26, 2015 and ending December 31, 2016, and pertaining to
the following described property: the designated hayland on the Brookings Regional
Airport, two hundred and thirty six (236) acres more or less in Sections 26, 27, and 35,
T110N, R50W, in the City of Brookings, Brookings County, South Dakota.
The Lease will be an amount of Seventy Five Dollars ($75.00) per acre for the hayland,
with the first half payable on July 1 and the remaining half on November 1.
Be It Further Noted, that a Public Hearing on this Resolution was held on May 26, 2015
at 6:00 o’clock P.M. in the Chambers at the City & County Government Center and that
all persons were given an opportunity to be heard on the intent to lease real property.
Ordinance 15-005.A motion was made by Council Member Bacon, seconded by
Council Member Corbett, that Second Reading and Action Ordinance 15-005, an
Ordinance amending Article V of Chapter 2 of the Code of Ordinances of the City of
Brookings, SD and pertaining to the Human Rights Committee of the City of Brookings,
be approved. Public Comment: Sam Jennings, Kelley Tilmon, Elliott Johnson, and Holly
Tilton-Byrne.
An amendment was made by Mayor Reed, seconded by Council Member Thorpe, to
change the member terms to 3 years. The motion carried by the following vote: Yes: 6 -
Reed, Corbett, Hansen, Thorpe, Meyer, and Bacon; Absent: 1 – Niemeyer.
An amendment was made by Council Member Meyer, seconded by Mayor Reed, to add
that any evidence as well as any testimony that is offered or provided during mediation
shall be confidential and cannot be used in the public hearing process. The motion
carried by the following vote: Yes: 6 - Reed, Corbett, Hansen, Thorpe, Meyer, and
Bacon; Absent: 1 – Niemeyer.
The motion carried by the following vote: Yes: 4 - Reed, Corbett, Meyer, and Bacon; No:
2 - Hansen, and Thorpe; Absent: 1 – Niemeyer.
Industrial Land in Foster Industrial Park.A motion was made by Council Member
Thorpe, seconded by Council Member Corbett, to move this item to a future City
Council action meeting for Policy Discussion table the Brookings Economic
Development Corporation proposal to purchase industrial land in the Foster Industrial
Park. The motion carried by the following vote: Yes: 6 - Reed, Corbett, Hansen, Thorpe,
Meyer, and Bacon; Absent: 1 – Niemeyer.
Appoint Deputy Mayor. A motion was made by Mayor Reed, seconded by Council
Member Hansen, that Keith Corbett be appointed as Deputy Mayor. The motion carried
by the following vote: Yes: 6 - Reed, Corbett, Hansen, Thorpe, Meyer, and Bacon;
Absent: 1 – Niemeyer.
Introduction of Topics for Future Discussion.
Council Member Meyer requested city staff to research and provide to the council what
the city currently does to encourage minority groups to apply for city employment
positions.
Council Member Meyer requested to direct staff to research and review language
translation availability (e.g. Google Translate) on the city’s website and bring to a future
study session. A friendly amendment was added by Council Member Thorpe to look at
city services overall and communications with non-English speakers.
Adjourn. A motion was made by Council Member Hansen, seconded by Council
Member Meyer, to adjourn the meeting at 8:49 p.m. The motion carried by a unanimous
vote.
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
Brookings City Council
July 7, 2015 (unapproved)
The Brookings City Council held a special meeting on Tuesday, July 7, 2015 at 5:00
p.m., at City Hall with the following members present: Mayor Tim Reed, Council
Members Dan Hansen, Ope Niemeyer, John Kubal, Tom Bezdichek, and Jael Thorpe;
Council Member Keith Corbett and City Attorney Steve Britzman were absent. City
Manager Jeff Weldon, and Deputy City Clerk Bonnie Foster were also present.
Startup In A Day Initiative Challenge Pledge.A motion was made by Council Member
Meyer, seconded by Council Member Niemeyer, that the Startup In A Day Initiative
Challenge be approved. The motion carried by the following vote:
Budget Workshop #3.A motion was made by Mayor Reed, seconded by Council
Member Hansen, to have a full review, during a budget session, of the Swiftel Center
operations budget. The motion carried by the following vote: Yes: 6 - Reed, Hansen,
Niemeyer, Thorpe, Meyer, and Bacon; Absent: 1 – Corbett.
A motion was made by Council Member Hansen, seconded by Council Member Bacon,
to direct staff to investigate ways to make the subsidy process more efficient and
consistent and present at the second council meeting in October. The motion carried by
the following vote: Yes: 6 - Reed, Hansen, Niemeyer, Thorpe, Meyer, and Bacon;
Absent: 1 – Corbett.
Adjourn.A motion was made by Council Member Niemeyer, seconded by Council
Member Bacon, that the meeting be adjourned at 7:53 p.m. The motion carried by a
unanimous vote.
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
Brookings City Council
July 14, 2015 (unapproved)
The Brookings City Council held a meeting on Tuesday, July 14, 2015 at 6:00 p.m., at
City Hall with the following members present: Deputy Mayor Keith Corbett, Council
Members Dan Hansen (via phone), Ope Niemeyer, Patty Bacon, and Jael Thorpe;
Mayor Tim Reed and Council Member Scott Meyer was absent. City Attorney Steve
Britzman, City Manager Jeffrey Weldon, and City Clerk Shari Thornes were also
present.
Consent Agenda.A motion was made by Council Member Hansen, seconded by
Council Member Bacon, to approve the Consent Agenda. The motion carried by the
following vote: Yes: 5 - Corbett, Hansen, Niemeyer, Thorpe, and Bacon; Absent: 2 -
Reed and Meyer.
3.A. Action to approve the agenda.
3.B. Action to approve the June 9, June 16, and June 23 City Council Minutes.
3.C. Action on appointment to the Airport Board;appoint Brian VanLiere (term
7/14/2015-5/1/2016).
3.D. Action on Abatement for 1016 Crystal Ridge Road, lot 35C of Onaka Village,
Indian Hills Addition, parcel 40265-01000-035-05 in the amount of $811.26.
3.E. Action on Resolution 15-073, a Resolution authorizing Change Order No. 1
(Final) for 2014-03SSI Division Avenue Drainage Improvement Project, Phase 1:
Bowes Construction, Inc.
Resolution 15-073 - Resolution Authorizing Change Order No. 1 (Final) for 2014-03SSI
Division Avenue Drainage Improvement Project, Bowes Construction, Inc.
Be It Resolved by the City Council that the following change order be allowed for 2014-
03SSI, Division Avenue Drainage Improvement Project: Construction Change Order
Number 1 (Final): Adjust plan quantities to as-constructed quantities and extend the
final completion date by 7.5 working days, resulting in the contract being charged 1.5
working days at $500 per working day for a total decrease of $29,419.65 to close out
the project.
Proclamation.A Mayoral Proclamation was presented to Chief Darrell Hartmann in
honor of the 100th Annual Firefighters Dance.
Presentation on Sioux Valley Energy.Mr. Paul Mantz, Key Account and Community
Relations Executive with Sioux Valley Energy (SVE), made a brief presentation about
SVE.
Downtown Brookings, Inc. Report.Elliott Johnson, DBI Director, provided an update
to the Mayor and City Council on current and upcoming events.
Resolution 15-071.A motion was made by Council Member Bacon, seconded by
Council Member Niemeyer, that Resolution 15-071, a Resolution rejecting bids for the
Swiftel Center Vestibule Addition Project, be approved. The motion carried by the
following vote: Yes: 5 - Corbett, Hansen, Niemeyer, Thorpe, and Bacon; Absent: 2 -
Reed and Meyer.
Resolution 15-071 - Resolution Rejecting Bids on
Swiftel Center Vestibule Addition Project
Whereas, the City of Brookings opened bids for the Swiftel Center vestibule addition
project, a capital item in the 2015 capital improvement list, on June 16, 2015 at 1:30
p.m. at Brookings City Hall, and
Whereas, the City of Brookings received the following bid for the project: Clark Drew
Construction, Brookings, SD – Base Bid ($170,150); alternate #1 ($2,675); alternate #2
($14,200); alternate #3 ($26,300); alternate #4 (0); and alternate #5 (-$150); and
Whereas, the base bid for construction of a vestibule addition was substantially above
the estimate and budgeted amount.
Now, Therefore, Be It Resolved that the bid for the Swiftel Center vestibule addition be
rejected.
Resolution 15-072.A motion was made by Council Member Hansen, seconded by
Council Member Niemeyer, that Resolution 15-072, a Resolution awarding the contract
to lease City Hay Land in the NE ¼ of Section 110T-109N-R50W (Southeast of 32nd
Street South and Main Avenue South), be approved. The motion carried by the
following vote: Yes: 5 - Corbett, Hansen, Niemeyer, Thorpe, and Bacon; Absent: 2 -
Reed and Meyer.
Resolution 15-072 - Resolution Awarding Bids
to Lease City Hay Land in the NE ¼ of Section 11-T109N-R50W
(Southeast of 32nd Street South and Main Avenue South)
Whereas, the City of Brookings opened bids for a two-year lease of approximately 18
acres of City hay land in Section 11-T109N-R50W, southeast of 32nd Street South and
Main Avenue South, on Tuesday, July 7, 2015 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 - $42.50/acres; Dennis Welbig, Brookings, SD - $41.60/acre;
and Joe Mendel, Brookings, SD - $40.10/acre.
Now Therefore, Be It Resolved that the high bid of David Rochel, Brookings, SD for
$42.50 per acre be accepted.
Resolution 15-076.A motion was made by Council Member Hansen, seconded by
Council Member Niemeyer, that Resolution 15-076, a Resolution awarding the contract
for the Street Department Maintenance Facility Construction Project, be approved. The
motion carried by the following vote: Yes: 5 - Corbett, Hansen, Niemeyer, Thorpe, and
Bacon; Absent: 2 - Reed and Meyer.
Resolution 15-076 - Resolution Awarding Bids for
the Street Department Maintenance Facility Project
Whereas, the City of Brookings opened bids for the Street Department Maintenance
Facility Project on Tuesday, June 30, 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 Street
Department Maintenance Facility Project: Mills Construction Inc., Brookings, SD:
$3,667,000.00, Clark Drew Construction, Brookings, SD: $3,917,000.00, Gray
Construction, Watertown, SD: $4,020,000.00: Puetz Construction, Mitchell, SD:
$4,100,000.00, Sunkota Construction, Sioux Falls, SD: $4,193,000.00; and
Whereas, the City of Brookings has received the following Bid Alternate #1 for concrete
paving of the South parking lot: Mills Construction Inc., Brookings, SD: $60,000.00,
Clark Drew Construction, Brookings, SD: $85,000.00, Gray Construction, Watertown,
SD: $76,000.00: Puetz Construction, Mitchell, SD: $83,350.00, Sunkota Construction,
Sioux Falls, SD: $108,000.00; and
Whereas, the City of Brookings has received the following Bid Alternate #2 for replacing
the lighting in the existing building: Mills Construction Inc., Brookings, SD: $5,800.00,
Clark Drew Construction, Brookings, SD: $6,200.00, Gray Construction, Watertown, SD:
$6,200.00: Puetz Construction, Mitchell, SD: $3,275.00, Sunkota Construction, Sioux
Falls, SD: $7,000.00; and
Whereas, the City of Brookings has received the following Bid Alternate #3 for interior
painting of new truck storage/wash bay: Mills Construction Inc., Brookings, SD:
$33,500.00, Clark Drew Construction, Brookings, SD: $36,200.00, Gray Construction,
Watertown, SD: $33,000.00: Puetz Construction, Mitchell, SD: $34,720.00, Sunkota
Construction, Sioux Falls, SD: $42,000.00.
Now Therefore, Be It Resolved that the low bid of Mills Construction Inc. be accepted,
and the project be awarded for the low bid of $3,667,000.00. Also to include Bid
Alternate #1 for $60,000.00; Bid Alternate #2 for $5,800.00; Bid Alternate #3 for
$33,500.00; for a project contract total of $3,766,300.00.
Resolution 15-077.A motion was made by Council Member Niemeyer, seconded by
Council Member Bacon, that Resolution 15-077, a Resolution awarding the contract for
the purchase of One 4-Wheel Turf Sprayer for Brookings Parks, Recreation and
Forestry Dept. (EdgeBrook Golf Course), be approved. The motion carried by the
following vote: Yes: 5 - Corbett, Hansen, Niemeyer, Thorpe, and Bacon; Absent: 2 -
Reed and Meyer.
Resolution 15-077 - Resolution Awarding a Contractor for Purchase of
One New 4-Wheel Turf Sprayer for the Parks, Recreation & Forestry Dept.
(EdgeBrook Golf Course)
Whereas, the City of Brookings held a bid letting at 1:30 p.m. on Tuesday, June 23,
2015; and
Whereas, the City of Brookings has received the following bid for One 4-Wheel Turf
Sprayer, including a sunshade: TurfWerks, Sioux Falls, SD with a Base Bid of
$44,401.00; wtih Sunshade Option in the amount of $485.00. Total with accepted
option: $44,887.00.
The Edgebrook Golf Course Capital Improvement Plan budget for this purchase is
$46,000.00.
Now Therefore, Be It Resolved that the bid from TurfWerks of Sioux Falls, SD in the
amount of $44,887.00 be accepted.
First Reading – Ordinance 15-012.Introduction and First Reading was held on
Ordinance 15-012, an Ordinance proposing major and minor amendments to an Initial
Development Plan within a Planned Development District on Lots 1-3, Block 4, Folsom
Addition. Public Hearing: July 28, 2015.
Ordinance 15-011.A public hearing was held on Ordinance 15-011, an Ordinance
rezoning the SW ¼ of the NE ¼ of Section 34-T110N-R50W from a Residence R-1B to
a Residence R-1C and R-2 District and a Residence R-2 District to a Residence R-1C
District (West Timberline). A motion was made by Council Member Hansen, seconded
by Council Member Thorpe, to approve Ordinance 15-011. The motion carried by the
following vote: Yes: 5 - Corbett, Hansen, Niemeyer, Thorpe, and Bacon; Absent: 2 -
Reed and Meyer.
Resolution 15-074.A public hearing was held on Resolution 15-074, a Resolution
Determining the Necessity of Repairing or Installing Sidewalks in the City of Brookings
at the Expense of Abutting Property Owners, 2015-01SWR Concrete Maintenance
Project. A motion was made by Council Member Niemeyer, seconded by Council
Member Thorpe, to approve Resolution 15-074. The motion carried by the following
vote: Yes: 5 - Corbett, Hansen, Niemeyer, Thorpe, and Bacon; Absent: 2 - Reed and
Meyer.
Resolution 15-074 - Resolution Determining the Necessity of Repairing
or Installing Sidewalks in the City of Brookings at the Expense of Abutting Property
Owners; 2015-01SWR Concrete Maintenance Project
Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows:
1. It is hereby determined that sidewalk repairs or installation is necessary abutting the
parcels and lots of land in the City described in the Notice to Property Owners attached
to this Resolution and marked as 2015-01SWR Concrete Maintenance Project.
2. Such sidewalks shall be installed to the width and of the materials prescribed by
Chapter 74, “Streets, Sidewalks and other Public Places” and Article V “Sidewalks”, and
to the grade and in accordance with the Plans and Specifications prepared in the office
of the City Engineer.
3. The method of apportionment of benefits is as follows: Such assessments, unless
paid within thirty (30) days after the date of mailing of a statement of account by the
City, shall be collected by the City in accordance with the procedure for Plan One in
Section 9-43-102, South Dakota Compiled Laws of 1967, as amended, with interest of
10% on the unpaid balance. Assessments amounting to less than $300.00 shall be paid
in one payment.
4. The City Clerk has caused a copy of the Resolution and a Notice to Property Owners
to be mailed to each property owner by certified mail.
Resolution 15-066.A motion was made by Council Member Thorpe, seconded by
Council Member Hansen, that Resolution 15-066, a Resolution establishing the License
Fees for the Issuance of Special Alcoholic Beverage Licenses in the City of Brookings
be approved. A motion was made by Council Member Hansen, seconded by Council
Member Thorpe, that the word "civic" be added to those exempt from the fee. The
motion carried by the following vote: Yes: 5 - Corbett, Hansen, Niemeyer, Thorpe, and
Bacon; Absent: 2 - Reed and Meyer. The motion, as amended, carried by the following
vote: Yes: 5 - Corbett, Hansen, Niemeyer, Thorpe, and Bacon; Absent: 2 - Reed and
Meyer.
Resolution No. 15-066 - Resolution establishing the License Fees
for the Issuance of Special Alcoholic Beverage Licenses in the City of Brookings
Be It Resolved by the City Council of the City of Brookings, South Dakota as follows:
Whereas, the State of South Dakota has authorized municipalities to issue special
alcoholic beverage licenses for special events pursuant to SDCL 35-4-124; and
Whereas, the special licenses are temporary licenses, which may be issued only in
conjunction with a special event within the municipality to any civic, charitable,
educational, fraternal or veterans organization or to certain alcoholic beverages
licensees. Licenses issued to charitable, educational, fraternal or veterans organizations
are exempt from the fee.
Now, Therefore, Be It Resolved that the fees for Special Alcoholic Beverage Licenses
issued for special events are set forth below: License Fee of $50.00 per event for:
Special On-Sale Malt Beverage Retailers License; Special On-Sale Wine Retailers
License ; Special On-Sale Liquor License; Special Off-Sale Package Wine (SD Farm
Wine) Dealers License; Special Off-Sale Package Wine Dealers License; Special Off-
Sale Package Malt Beverage Dealers License; Special Off-Sale Package (Liquor)
Dealers License.
Adjourn.A motion was made by Council Member Niemeyer, seconded by Council
Member Hansen, to adjourn the meeting at 6:46 p.m. The motion carried by a
unanimous vote.
CITY OF BROOKINGS
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
Brookings City Council
July 21, 2015 (unapproved)
The Brookings City Council held a Study Session on Tuesday, July 21, 2015 at 5:00
p.m., at City Hall with the following members present: Mayor Tim Reed, Council
Members Keith Corbett, Dan Hansen, Ope Niemeyer, Patty Bacon, and Jael Thorpe.
Council Member Scott Meyer was absent. City Attorney Steve Britzman, City Manager
Jeffrey Weldon, and City Clerk Shari Thornes were also present.
Discussion topics included the Visioning Statement for the City of Brookings, Budget
Workshop #4, and City Council ex-officio reports.
Adjourn.A motion was made by Council Member Corbett, seconded by Council
Member Niemeyer, to adjourn the meeting at 5:37 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 #:RES 15-082,Version:1
Action to approve Resolution 15-082, a Resolution Declaring Surplus Property (Airport Loader).
Summary:
This resolution will declare surplus property for a John Deere loader used by the Brookings Regional
Airport.
Background:
The City has budgeted to replace the 1998 John Deere Loader which is used at the Brookings
Regional Airport. The loader was purchased with FAA grant funds and will be traded for a new
loader to be purchased with grant funds. The specifications for the new loader will incorporate the
trade-in value of the 1998 John Deere Loader. The new loader will be purchased with 95%
State/Federal funds and 5% City match.
Fiscal Impact:
The City will receive the trade-in value of the John Deere Loader.
Recommendation:
Recommend approval of the resolution.
Attachments:
Resolution
City of Brookings Printed on 7/23/2015Page 1 of 1
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Resolution 15-082
Declaring Surplus Property
Whereas, the City of Brookings is the owner of the following described equipment formerly
used at the Brookings Regional Airport:
One (1) 1998 544H John Deere Loader,
VIN Number DW544HX567966
Whereas, in the best financial interest, it is the desire of the City of Brookings to trade or sell
the equipment as surplus property; and
Whereas, the City Manager hereby authorized to trade or 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 28th day of July, 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 15-083,Version:1
Action to approve Resolution 15-083, a Resolution Declaring Surplus Property (HP Designjet plotter).
Summary:
This resolution will declare surplus property for an HP Designjet plotter used by the Engineering
Department.
Background:
The City Engineering Department will surplus their 2006 HP Designjet 4000ps plotter, which has
been replaced with a new plotter. The Engineering Department plans to sell the plotter on the Public
Surplus website.
Fiscal Impact:
The City will receive the sale value of the plotter.
Recommendation:
Recommend approval of the resolution
Attachments:
Resolution
City of Brookings Printed on 7/23/2015Page 1 of 1
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Resolution 15-083
Declaring Surplus Property (HP Designjet Plotter)
Whereas, the City of Brookings is the owner of the following described equipment formerly
used in the Brookings Engineering Department:
One (1) 2006 HP Designjet 4000ps plotter, Serial Number SG6165Y00C,
Model # Q1274A
Whereas, in the best financial interest, it is the desire of the City of Brookings to sell the
equipment 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 28th day of July, 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 15-013,Version:1
Introduction and First Reading on Ordinance 15-013, an Ordinance for Residency Requirements for
Board of Adjustment members. Public Hearing: August 11, 2015. Public Hearing: August 11, 2015.
Proposal: Add a residency requirement for Board of Adjustment (BOA) members
Background:Residency requirements vary depending upon several factors. They may be
established by state law or by local ordinance. They may coincide with a geographical or
jurisdictional area. Some boards or commissions have no residency requirements but may have
occupational requirements.
Specifics: In the past, residency requirements were part of the zoning ordinance. The city routinely
recodifies its ordinances to keep them current. A step in this process is to identify redundancies
between a local ordinance and state law and eliminate them. However, changes are always
occurring and today neither state law nor our local zoning ordinance has a residency requirement for
BOA members. Therefore, this revision would reinstate the residency requirement as it existed
several years ago.
Recommendation:
The Planning Commission voted 5 yes and 0 no to recommend the proposed changes to the zoning
ordinance.
Attachments:
Ordinance
Public Notice
July PC Minutes & Summary
City of Brookings Printed on 7/23/2015Page 1 of 1
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Ordinance 15-013
An Ordinance amending the Zoning Ordinance of the City of Brookings and
pertaining to Residency Requirements for Board of Adjustment members for the
purposes of administration of the zoning ordinance.
Be It Ordained by the City Council of the City of Brookings, State of South Dakota: that
Chapter 94, Zoning shall be amended as follows:
Section 1.
ARTICLE II. Administration and Enforcement
Sec. 94-42. Board of Adjustment
(a)Established.A board of adjustment is hereby established which may, in
appropriate cases and subject to appropriate conditions and safeguards, hear
appeals and grant variances and special exceptions to the terms of this chapter.
Said approval shall be in accordance with the general purpose and intent of this
chapter and in conformance with the general or specific rules contained herein.
Members shall have permanent residency within the City of Brookings or Joint
Jurisdiction Area Surrounding the City of Brookings.
Section 2.
Any or all ordinances in conflict herewith are hereby repealed.
First Reading:July 28, 2015
Second Reading:
Published:
CITY OF BROOKINGS, SD
_____________________________
Tim Reed, Mayor
ATTEST:
________________________
Shari Thornes, City Clerk
C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@F40596C9\@BCL@F40596C9.doc
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 A CHANGE IN ZONE REGULATIONS
NOTICE IS HEREBY GIVEN That the City of Brookings has submitted amendments
to Chapter 94, Zoning, pertaining to residency requirements for members of the Board of
Adjustment.
NOTICE IS FURTHER GIVEN That said request will be acted on by the City Planning
Commission at 5:30 PM on Tuesday, July 7, 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 26th day of June, 2015.
____________________________
Dan Hanson
Planning & Zoning Administrator
OFFICIAL MINUTES
The City of Brookings has submitted amendments to Chapter 94, Zoning, pertaining to
residency requirements for members of the Board of Adjustment.
(Gregg/Heuton) Motion to approve the amendment. All present voted aye. MOTION
CARRIED.
OFFICIAL SUMMARY
Hanson stated that residency requirements had existed in city ordinance several years
ago. The ordinance was modified through a recodification process at some point and
the requirements were omitted. This revision would simply add them back in.
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 15-014,Version:1
Introduction and First Reading on Ordinance 15-014, an Ordinance establishing additional
requirements for posting rezoning and conditional use signs. Public Hearing: August 11, 2015.
Proposal: Set minimum dimensions for notification signs
Background:Many communities use various methods to inform the public regarding zoning requests
in their neighborhoods. In addition to public notices which are mandated by state law, signs are often
required to be posted on a property indicating an impending rezoning, conditional use, or other
action. The size of these signs has been a local decision up until the 2015 legislative session. A new
law has stipulated that, if a jurisdiction requires a sign to be posted and does not specify the
minimum dimensions of such a sign in their ordinance, the sign must be at least 24 inches wide by 18
inches tall. If a jurisdiction does not require the posting of a sign or has specified dimensions for such
signs, then nothing changes.
Specifics: Brookings has required the posting of signs for rezonings, conditional use requests, and
other actions for many years. Our signs are either 8” X 11 1/2” or 11” X 17” in size. However, we do
not specify these dimensions in the ordinance. We also inform adjacent property owners through
courtesy mailings which very few communities do. This minor revision would simply allow us to
continue to use the inventory we have and not be required, by state law, to create larger signs.
Recommendation:
The Planning Commission voted 4 yes and 1 no to recommend approval of the proposed changes to
the zoning ordinance.
Attachments:
Ordinance
Public Notice
July PC Minutes & Summary
City of Brookings Printed on 7/23/2015Page 1 of 1
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Ordinance 15-014
An Ordinance amending the Zoning Ordinance of the City of Brookings and
pertaining to the posting of signs for land use classification changes and
conditional uses for the purposes of administration of the Zoning Ordinance.
Be It Ordained by the City Council of the City of Brookings, State of South Dakota: that
Chapter 94, Zoning shall be amended as follows:
Section 1.
Article I. In General
Sec. 94-7. Amendments
(d) Planning Commission hearing
(2) Signs to be posted.Signs indicating the date, time, and location of the
public hearing shall be posted on the property at least seven (7) days prior to
any public hearing held by the planning commission to consider a rezoning
application. These Said signs shall be furnished by the city and posted by the
applicant in the numbers and locations prescribed by the community
development department. Signs may also be posted by the community
development department. The size of each sign shall be no less than 8.5
inches in width and 11 inches in length.
Exception:If the land requested to be rezoned contains multiple owners
who own property within a block, or group of contiguous blocks, signs may
be posted at the intersection corner of each block.
Section 2.
Article V. Conditional Uses
Division 2. Permit
Sec. 94-225. Planning Commission hearing.
(b) Signs to be posted Posting signs.Signs indicating the date, time, and
location of the public hearing shall be posted on the property, initially, at least
seven days prior to any public hearing held by the planning commission to
consider the conditional use application. These signs shall be furnished by the
city and posted by the applicant in the numbers and locations prescribed by the
community development department. Signs may also be posted by the
community development department. The signs shall be removed and disposed
of properly within three days after the public hearing on the request. The size of
each sign shall be no less than 8.5 inches in width and 11 inches in length.
Section 3.
Any or all ordinances in conflict herewith are hereby repealed.
First Reading:July 28, 2015
Second Reading:
Published:
CITY OF BROOKINGS, SD
___________________________________
Tim Reed, Mayor
ATTEST:
________________________
Shari Thornes, City Clerk
C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@FC058328\@BCL@FC058328.doc
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 A CHANGE IN ZONE REGULATIONS
NOTICE IS HEREBY GIVEN That the City of Brookings has submitted amendments
to Chapter 94, Zoning, pertaining to the posting of signs for land use classification changes
and conditional use applications.
NOTICE IS FURTHER GIVEN That said request will be acted on by the City Planning
Commission at 5:30 PM on Tuesday, July 7, 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 26th day of May, 2015.
____________________________
Dan Hanson
Planning & Zoning Administrator
OFFICIAL MINUTES
The City of Brookings has submitted amendments to Chapter 94, Zoning, pertaining to
the posting of signs for land use classification changes and conditional use applications.
(Fargen/Gregg) Motion to approve the amendments. Drew, Fargen, Gregg and Heuton
voted aye. Pierce voted no. MOTION CARRIED.
OFFICIAL SUMMARY
The 2015 legislature enacted an ordinance to require a minimum size zoning notice sign
(18” X 24”) for any city or county jurisdiction that did not specifically state a size in their
local ordinance. The proposed ordinance would establish a minimum size which was
consistent with the size of the signs that were currently being placed on property to be
rezoned. The city currently used 81/2” X 11” and 11” X 17” size signs depending upon
the nature of the request. Hanson noted that the city also mailed courtesy letters to
adjacent property owners as an additional notice procedure. Pierce supported using
larger signs for informing the public. Staff responded that the fluorescent colored signs
announcing a pending rezoning were very visible and drew many calls from neighbors.
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 15-015,Version:1
Introduction and First Reading on Ordinance 15-015, an Ordinance to rezone a portion of the Christie
Springs Addition from a Residence R-1C District to a Residence R-3 District and from a Residence R
-1C and R-3 District to a Business B-2 District. Public Hearing: August 11, 2015.
Proposal: Rezone portions of a subdivision based on modifications to a preliminary plat
Background:The zoning districts in place in the Christie Springs Addition coincide with the
preliminary plat approved in March 2015. The north, west, and south perimeter has the R-1C zoning
that transitioned into the R-3 zoning in the center of the acreage. The east side has a linear strip of
commercial land abutting Main Avenue South.
Specifics: The revised street plan within Christie Springs Addition establishes new block and lot
boundaries. This change often requires a shift in zone district boundaries to avoid, as much as
possible, different setbacks, etc. for side-by-side properties. The attached plan shows the areas
outlined in red that are impacted by the redesign of the March 2015 preliminary plan. The proposed
zoning district change in the Dorothy Circle cul-de-sac (from R-1C to R-3 between lots 14 and 15) is
usually the least noticeable on a cul-de-sac in terms of front yard setbacks (there is a 5 foot
difference in the required front yard setback with the two districts). The proposed revision in the
southeast corner completely separates the commercial and residential zoning with rights-of-way.
Recommendation:
The Planning Commission voted 3 yes and 2 no to recommend approval of the rezoning as
presented.
Attachments:
Ordinance
Public Notice
Drawing
July PC Minutes & Summary
City of Brookings Printed on 7/23/2015Page 1 of 1
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Ordinance No. 15-015
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:
Christie Springs Addition in the NW ¼ of Section 2-T109N-R50W be and the same
is hereby rezoned and reclassified from a Residence R-1C District to a Residence
R-3 District and from a Residence R-1C and R-3 District to a Business B-2 District
as depicted on the plan dated July, 2015.
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: July 28, 2015
Second Reading and Adoption:
Published:
CITY OF BROOKINGS, SD
________________________
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 Oakwood Equity Group, LLC has submitted a
petition to rezone the following described real estate in the City of Brookings, in Brookings
County, South Dakota:
A portion of Christie Springs Addition in the NW ¼ of Section 2-T109N-R50W
from a Residence R-1C District to a Residence R-3; and from a Residence
R-1C and R-3 District to a Business B-2 District.
NOTICE IS FURTHER GIVEN That said request will be acted on by the City
Planning Commission at 5:30 PM on Tuesday, July 7, 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 26th day of June, 2015.
____________________________
Dan Hanson
Planning & Zoning Administrator
OFFICIAL MINUTES
Oakwood Equity Group, LLC has submitted a petition to rezone a portion of Christie
Springs Addition in the NW ¼ of Section 2-T109N-R50W from a Residence R-1C
District to a Residence R-3; and from a Residence R-1C and R-3 District to a Business
B-2 District as depicted on the preliminary plat.
(Fargen/Gregg) Motion to approve the proposed rezoning.
(Heuton/Fargen) Amendment to the motion to rezone all of lots 15, 33, and 34 of block 1
to a Residence R-1C District, all of lot 16, block 1 to a Residence R-3 District, and the
balance of the rezoning proposals as presented. Heuton and Drew voted aye. Fargen,
Gregg and Pierce voted no. AMENDMENT FAILED.
The motion, as amended, was voted on. Fargen, Gregg, and Pierce voted aye. Drew
and Heuton voted no. MOTION CARRIED.
OFFICIAL SUMMARY
Hanson indicated that the proposed revisions to the Christie Springs Addition street
layout resulted in proposed changes to the zone district boundaries. The current R-1C,
R-3, and B-2 zoning was substantially intact except for areas in the northwest corner
and southeast corner. The north, west and south perimeter currently had the R-1C
zoning that transitioned into the R-3 zoning. The proposed rezoning would move
portions of lots 15, 16, 33, and 34 in the northwest corner from an R-1C to an R-3
District. It would also expand the business district in the southeast corner by about 3
acres.
Amy Engebretson, John Egge, Rick and Verna Longville, and Mark Kreie, adjacent
property owners in the Moriarty Heights Addition, felt the proposed rezoning of the four
lots should not be granted. They preferred the more restrictive R-1C zoning over the R-
3 zoning which could allow for apartments. Longville favored the R-1C since it was not
known if restrictive covenants would be written for the Christie Springs Addition. Liz
McMillan, 2101 Morning Glory Drive, did not support the expansion of the B-2 District
due to traffic concerns.
Tim Burns, owner of Oakwood Equity Group, LLC, stated the primary reason for
revising the plan was to reduce the density (fewer lots) within the subdivision and create
a more efficient street layout. The savings could be transferred into more affordable
housing. He added that he had no intention of building apartments. The lot design
proposed in the subdivision would only cater to single-family dwellings.
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 15-016,Version:1
Introduction and First Reading on Ordinance 15-016, an Ordinance for a Conditional Use Permit on
Lot 4, Block 1, Gilkerson Second Addition; 300 32nd Ave. Public Hearing: August 11, 2015.
Proposal: Establish an Outdoor Sales use in the Industrial I-1 District.
Background:This lot was initially developed in 2014 with a 60’ X 120’ building. A 60’ X 80’ addition
was added this year. The lot and building will continue to be improved with surfacing and
landscaping.
Specifics: The applicant is proposing to establish an auto sales lot in front of the building next to 32 nd
Avenue. The sales office would be in the front portion of the building. The site plan indicates where
the autos will be displayed.
The definitions and standards that relate to an Outdoor Sales use in this district are included in the
packet. The definition covers a wide array of vehicles along with mobile homes and sheds. The size
of the proposed sales lot will limit the applicants options for expanding into the sale of larger items.
The City Council can also “condition” the application too.
Definitions:
Outdoor sales: The use of any building, land area, or their premises which provides for the display and sale of new or
used automobiles, panel trucks or vans, recreational vehicles, camping trailers, modular, manufactured or mobile homes,
boats, utility trailers and storage sheds.
Conditional use: 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.
Conditional Use Standards
Sec. 94-290.5. - Outdoor sales.
Such uses shall be located or arranged in a manner that will display larger vehicles away from a residential district
boundary line or by location toward the interior of the display lot. Larger vehicles shall not impede or disrupt traffic flow
within or through the display lot.
Recommendation:
The Planning Commission voted 4 yes and 1 no to recommend approval of the conditional use permit request subject to
the conditions listed in the ordinance.
Attachments:
Ordinance
Public Notice
Drawing
July PC Minutes & Summary
City of Brookings Printed on 7/23/2015Page 1 of 1
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Ordinance No. 15-016
An ordinance pertaining to an application for a Conditional Use for an Outdoor
Sales use in the Industrial I-1 District.
Be it ordained by the governing body of the City of Brookings, South Dakota that said
Conditional Use shall be approved for an Outdoor Sales use on Lot 4, Block 1,
Gilkerson Second Addition with the following conditions:
1. The conditional use permit is granted only to the applicant.
2. A minimum of a twenty-foot (20’) setback shall be maintained between the
curb and the automobiles next to 32
nd Avenue.
All sections and ordinances in conflict herewith are hereby repealed.
First Reading:July 28, 2015
Second Reading:
Published:
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 Z & A Auto Sales has submitted an
application for a Conditional Use on the following described real estate:
Lot 4, Block 1, Gilkerson Second Addition
The request is to establish an Outdoor Sales use in the Industrial I-1 District.
NOTICE IS FURTHER GIVEN that said request will be acted on by the City
Planning Commission at 5:30 PM on Tuesday, July 7, 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 26th day of June, 2015.
____________________________
Dan Hanson
Planning & Zoning Administrator
OFFICIAL MINUTES
Z&A Auto Sales has submitted an application for a Conditional Use on Lot 4, Block 1,
Gilkerson Second Addition. The request is to establish an Outdoor Sales use in the
Industrial I-1 District.
(Pierce/Heuton) Motion to approve the application.
(Heuton/Gregg) Amendment to the motion to add the following conditions:
1. The Conditional Use is only granted to the applicant.
2. A minimum of a twenty-foot (20’) setback shall be maintained between the
curb and the automobiles next to 32nd Avenue.
All present voted aye. AMENDMENT CARRIED.
The motion, as amended, was voted on. Drew, Gregg, Heuton, and Pierce voted aye.
Fargen voted no. MOTION CARRIED.
OFFICIAL SUMMARY
Ali Inizi, owner of Z & A Auto Sales, was present for questions. Hanson referred to the
site plan and stated that the applicant was proposing to establish a small auto sales lot
in an industrial district. He noted that auto sales was part of an “Outdoor Sales” use
that could include mobile homes, campers, boats, etc.
Heuton asked if the business grew, would the applicant likely move it to another
location? Inizi replied yes. Heuton asked how many cars would be displayed? Inizi
responded about 20-25. Hanson asked the applicant if he would use part of the existing
building for the sales office. Inizi replied yes.
The Commission felt it was appropriate to recommend granting the conditional use only
to the applicant. They also felt a setback from 32nd Avenue was needed for the display
lot.
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 15-012,Version:2
Public Hearing and Action on Ordinance 15-012, an Ordinance proposing major and minor
amendments to an Initial Development Plan within a Planned Development District on Lots 1-3, Block
4, Folsom Addition.
Proposal: Increase the residential unit density and relocate access drives for a mixed use
development.
Background:A rezoning request to a PDD (subject to Business B-1 uses and area regulations) along
with an Initial Development Plan (IDP) was submitted and approved, with conditions, in April, 2015.
The conditions were as follows:
1.A maximum of 15 dwellings units are permitted
2.15 on-premise parking spaces shall be reserved for tenants
3.A minimum of 35 on-premise parking stalls shall be provided
4.All drainage requirements shall be approved as per the City Engineer’s Department
5.All minimum landscape requirements shall be met
6.No snow storage shall be permitted on the parking lot
The rezoning and IDP were subsequently approved by the City Council. A Final Development Plan
(FDP) was not submitted by the applicant.
Specifics: The amendments to the IDP that have been submitted are as follows:
Major Amendment - An increase of 20% or more in density is a major amendment to a PDD. The
initial IDP was approved for 15 residential units. The proposed change is for 23 efficiency dwelling
units on the second and third floors. This is a 53.3% increase in density. An adjacent lot has been
acquired to provide 18 additional parking stalls. There are now 48 parking stalls for the development.
Also note that the building and parking lot have been reversed on the modified plan. However, there
is no proposed change in the dimensions of the building or the types of uses (retail on the first floor
with apartments above).
Minor amendment - The initial IDP proposed one access drive from Main Avenue South and one
from Folsom Street. The revised plan eliminates the access drive from Main Avenue South and
shifts the Folsom Street access drive to the west.
Lot 12, which has been acquired for additional parking for the applicant’s project, can be permitted by
right as a parking lot within the Business B-3 District. Therefore, the lot can remain in the B-3 but will
be “married” to the project through an agreement to insure the dedication of the parking stalls to the
uses within the PDD.
ADDENDUM: The following information was assembled to give you a comparison on the minimum
parking requirements for one or more uses in a non-PDD application. The number of residential
City of Brookings Printed on 7/23/2015Page 1 of 2
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File #:ORD 15-012,Version:2
units and the number of bedrooms per unit along with the commercial square footage of a particular
use generally determines the minimum parking requirements.
The upper two floors of this building will be used for residential purposes. The current parking
requirements for the proposed 23-unit efficiency apartment building is 46. If we applied the reduced
parking requirements in force for a 25-unit efficiency apartment building (adopted last year), the
minimum required parking would be 35 spaces.
The first floor of this building will be used for commercial uses. The floor has basically 5,000 square
feet of gross area. The commercial mix could have infinite scenarios but we will compare four.
1. Retail store @ 3,000 S.F. and restaurant @ 2,000 S.F. = 35 spaces
2. Retail stores for all 5,000 S.F. = 25 spaces
3. Retail store @ 2,000 S.F. and offices at @ 3,000 S.F. = 20 spaces
4. Restaurant at 3,000 S.F. and retail store @ 2,000 S.F. = 40 spaces
The minimum on-premise parking that would be required for the above mixed uses in a standard
business/residential district would range from 66 to 86 spaces. If we use the “new” parking standards
for the efficiency apartment component, the range is 55 to 75.
City Engineer Comments: This project will not require a drainage plan. The developer’s consultant
will need to determine the appropriate elevations for the building and parking lots to coordinate with
the surrounding topography.
Recommendation:
The Planning Commission voted 5 yes and 0 no to recommend approval of the major and minor
amendment submitted with the revised Initial Development Plan.
Attachments:
Ordinance
Notice
Minutes & Summary
IDP Plans
City of Brookings Printed on 7/23/2015Page 2 of 2
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Ordinance 15-012
An Ordinance Amending an Initial Development Plan
for a Planned Development District within the City of Brookings
Be it ordained by the governing body of 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:
Lots 1, 2, and 3, Block 4, Folsom Addition
be and the same is hereby amended by approving a residential density increase of
more than 20% and reducing and relocating access drives as shown on the revised
Initial Development Plan.
Section 2. All sections and ordinances in conflict herewith are hereby repealed.
First Reading:July 14, 2015
Second Reading:July 28, 2015
Published:July 31, 2015
CITY OF BROOKINGS, SD
_________________________________
Tim Reed, Mayor
ATTEST:
______________________________
Shari Thornes, City Clerk
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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 A PETITION
FOR AMENDMENTS TO A
PLANNED DEVELOPMENT DISTRICT
NOTICE IS HEREBY GIVEN That Sarantis Theodosopoulos has submitted a
petition for changes to the Initial Development Plan within a Planned Development
District on the following described real estate:
Lots 1, 2, and 3, Block 4, Folsom Addition
A major amendment proposes to increase the residential density by more than 20
percent. A minor amendment proposes to change the number and location of access
drives.
NOTICE IS FURTHER GIVEN That said request will be acted on by the City
Planning Commission at 5:30 PM on Tuesday, July 7, 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 26th day of June, 2015.
___________________________________
Dan Hanson
Planning & Zoning Administrator
OFFICIAL MINUTES
Item #8a – Sarantis Theodosopoulos has submitted a petition for changes to the Initial
Development Plan within a Planned Development District on Lots 1, 2, and 3, Block 4,
Folsom Addition. A major amendment proposal is to increase the residential density by
more than 20 percent. A minor amendment proposal is to change the number and
location of access drives.
(Pierce/Heuton) Motion to approve the major and minor amendments as proposed. All
present voted aye. MOTION CARRIED.
OFFICIAL SUMMARY
Item #8a –Hanson stated the proposal involved major and minor amendments to the
Initial Development Plan. The major amendment increased the residential density on
the site by more than 20%. The number of efficiency dwelling units was increased from
15 to 23. The minor amendment involved a change in the number and location of
driveways onto the site. He added that an adjacent parcel had been purchased by the
developer that created additional parking for the proposed uses. The total parking was
increased from 35 to 48 spaces.
Dustin Hendrickson, develop of the project, stated the revised plan was a result of
recommendations from the City Council for more density in the downtown area. He felt
shifting the building up near the front lot line would give the project more of a downtown
feel. He also felt the new driveway locaions were a safer design.
Fargen asked about the building entrances. Hendrickson replied that the front and back
of the building would have entrances. Pierce asked if the minor setback in front could
accommodate tables, etc. Hendrickson responded yes. Pierce inquired about the
added parking lot. Hendrickson answered that it would likely be used for tenant parking.
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 15-081,Version:1
Public Hearing and Action on Resolution 15-081, a Resolution of Intent to Lease Hay Land in the NE
¼ of Section 11-T109N-R50W (Southeast of 32nd Street South and Main Avenue South) to David
Rochel, Aurora, SD.
Summary:
This resolution will approve the hay lease of 18 acres located in Section 110-T109N-R50W to David
Rochel, Aurora, SD.
Background:
The City awarded the hay bid to David Rochel on July 7, 2015 to lease 18 acres of hay land at
$42.50 per acre in Section 11-T109N-R50W, which is located near the southeast corner of Main
Avenue South and 32nd Street South as shown on the enclosed map. The City is leasing the area for
haying operations which provides for extra income for the City as well as provides for weed control. A
public hearing is required as per SDCL 9-12-5.2 to lease to a private person:
9-12-5.2. Powers - Lease to private person - Resolution - Notice - Hearing - Authorization.
If the governing body decides to lease any municipally owned property to any private person for a
term exceeding one hundred twenty days and for an amount exceeding five hundred dollars annual
value it shall adopt a resolution of intent to enter into such lease and fix a time and place for public
hearing on the adoption of the resolution. Notice of the hearing shall be published in the official
newspaper once, at least ten days prior to the hearing. Following the hearing the governing body
may proceed to authorize the lease upon the terms and conditions it determines.
The Notice of Public Hearing was advertised as required. This resolution will allow the City to enter
into a lease agreement with David Rochel for a two-year lease for 18 acres of hay land in Section 11-
T109N-R50W at the awarded contract price of $42.50 per acre.
Fiscal Impact:
The City will receive $765.00 per year for 2015 and 2016.
Recommendation:
Recommend awarding the two-year contract to David Rochel.
Attachments:
Resolution
City of Brookings Printed on 7/23/2015Page 1 of 1
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Resolution No. 15-081
Resolution of Intent to Lease Hay Land
in Section 11-T109N-R50W To David Rochel
Be It Resolved by the governing body of the City of Brookings, South Dakota, that the
City of Brookings intends to enter into a lease with David Rochel for the period of 2015-
2016, pertaining to the following described property:
The designated hay land, eighteen acres more or less, in Section 11-T109N-
R50W in the City of Brookings, Brookings County, South Dakota.
The Lease will be an amount of Forty-Two Dollars and Fifty Cents per acre ($42.50) for
hay land, payable on October 1 of each year.
Be It Further Noted, that a Public Hearing on this Resolution was held on July 28, 2015
at 6:00 o’clock P.M. in the Chambers of the City & County Government Center and that
all persons were given an opportunity to be heard on the intent to lease real property.
Passed and approved this 28
th day of July, 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 15-075,Version:1
Action on Resolution 15-075, a Resolution setting forth a schedule of Proposed Fines for Violations
of the Ordinances of the City of Brookings (2016 Fine Schedule).
Summary:
A recommendation to the council that city parking fines be increased from $15.00 to $20.00.
Background:
General parking fines in Brookings are currently at $15 and going up to $20 if not paid within 72
hours. A survey was conducted recently with other cities in South Dakota. Recent survey results
showed that only one city, the City of Yankton, was lower than Brookings in parking fine rates. Most
other cities were $10 to $50 higher. An increase in our parking fine rates would be recommended.
Fiscal Impact:
Fiscal Impact to the city would be an anticipated 25% increase in revenue parking fines.
Recommendation:
The recommendation is for the city to increase parking fines from $15.00 to $20.00 for general
parking violations, as well as a fine increase for overdue payment after 72 hours to increase from
$20.00 to $25.00. The resolution only includes parking fine rates that are changing and not any other
traffic fine rates.
Attachments:
Resolution
City of Brookings Printed on 7/23/2015Page 1 of 1
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Resolution No. 15-075
A Resolution setting forth a schedule of proposed fines for violations of the
Ordinances of the City of Brookings, South Dakota.
Be It Resolved by the Governing Body of the City of Brookings, South Dakota, that the
following Schedule of Proposed Fines shall be effective January 1st, 2016 as prescribed by law
for all violations of Ordinances set forth herein.
SCHEDULE OF PROPOSED FINES WITH COURT COSTS
Parking Offenses with Court Appearances
82-421 Position of Parking on Two-Way Road 25.00 60.00 85.00
82-427 Places Where Standing and Parking is
Prohibited 25.00 60.00 85.00
82-428 Places Where Stopping is Prohibited 25.00 60.00 85.00
82-432 Parking In Excess of 72 Hours. 25.00 60.00 85.00
82-433 Parking in Alleys 25.00 60.00 85.00
82-461 Designation of Prohibited Parking 25.00 60.00 85.00
82-462 Designation of Limited Parking 25.00 60.00 85.00
82-463 Illegal Parking (2 hr. downtown or Medary) 25.00 60.00 85.00
82-464 Parking at Night in Business Section 25.00 60.00 85.00
82-465 Parking Prohibited During Snow Removal 50.00 60.00 110.00
82-468 Parking in Disabled Space w/o Permit 100.00 60.00 160.00
82-521 Maximum Duration of Parking 25.00 60.00 85.00
94-431(2) Front Yard Parking Prohibited 25.00 60.00 85.00
Section Offense Fine Costs Total
Parking Offenses (if paid w/in 72 hours)/ Without Court Appearance
82-421 Position of Parking on Two-Way Road 20.00
82-427 Places Where Standing and Parking is
Prohibited 20.00
82-428 Places Where Stopping is Prohibited 20.00
82-432 Parking In Excess of 72 Hours. 20.00
82-433 Parking in Alleys 20.00
82-462 Designation of Limited Parking 20.00
82-463 Illegal Parking (2 hr. downtown or Medary) 20.00
82-464 Parking at Night in Business Section 20.00
82-465 Parking Prohibited During Snow Removal 35.00
82-468 Parking in Disabled Space w/o Permit 100.00
82-521 Maximum Duration of Parking 20.00
94-431(2) Front Yard Parking Prohibited 20.00
Passed and approved this 28th day of July 2015.
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 #:RES 15-078,Version:1
Action on Resolution 15-078, a Resolution setting forth a Schedule of Proposed Fines, Fees and
Procedures pertaining to Keeping and Control of Animals in the City of Brookings, SD.
Summary:
A review was conducted regarding certain fees that are currently charged by the Animal Control
Division. That review revealed that certain fees should be increased.
Background:
The review revealed that impounded fees for daily care and feeding were deficient according to
costs. As well as licensing fees for unaltered (non-neutered) pets were also deficient in fees
according to costs. Intact or unaltered pets cost more in enforcement as those animals tend to stray
more often causing more inconvenience for the city at large. A survey was also conducted and by
other similarly sized cities, daily impoundment and license fees for unaltered pets were deficient and
should be increased.
Recommendation:
Staff is recommending that licenses for unaltered pets be increased from $10 to $15. Daily care
should be increased from $10 to $20.00. The increase will assist in covering our costs in maintaining
animals that will be impounded at the shelter. The increase in licenses for unaltered pets may
encourage pet owners to have their pets spayed and neutered.
Attachments:
Resolution
City of Brookings Printed on 7/23/2015Page 1 of 1
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Resolution No. 15-078
A Resolution Setting Forth a Schedule of Proposed Fines, Fees, and Procedures
Pertaining to the Keeping and Control of Animals in the City of Brookings, South Dakota.
Be it Resolved by the City Council of the City of Brookings, South Dakota, that the following
Schedule of Proposed Fines, Fees and Procedures shall be effective as of the date of this Resolution for all
violations of Ordinances set forth herein.
SCHEDULE OF PROPOSED FINES WITH COURT COSTS
Section Offense Fine Without Court Total Fine
Court Appearance Costs and Costs
Miscellaneous Offenses
14-2 Unwanted animals.
(per head acceptance fee) 10.00 60.00 70.00
14-3 Disturbance of peace 25.00 60.00 85.00
14-4 Animals on school grounds property
or recreation areas 25.00 60.00 85.00
14-6 Number of pets limited 20.00 60.00 80.00
14-7 Unattended animals in standing or parked
vehicles 50.00 60.00 110.00
14-8 Stray, abandoned or unkept animals 25.00 60.00 85.00
14-9 Public nuisance 25.00 60.00 85.00
14-41 Cruelty to animals generally 100.00 60.00 160.00
14-42 Teasing, baiting or harassing 25.00 60.00 85.00
14-43 Humane care of animals 25.00 60.00 85.00
14-44 Poisoning of animals 100.00 60.00 160.00
14-45 Instigating or allowing fights between animals 200.00 60.00 260.00
14-47 Restraint of animal in a vehicle 25.00 60.00 85.00
14-81 Proximity of livestock to dwellings 25.00 60.00 85.00
14-82 Proximity of fowl to dwellings 25.00 60.00 85.00
14-83 Swine (per head) 25.00 60.00 85.00
14-84 Sanitary condition required 25.00 60.00 85.00
14-85 Keeping of bees 50.00 60.00 110.00
14-86 Pigeons 25.00 60.00 85.00
14-87 Livestock running at large (per head) 25.00 60.00 85.00
14-88 Fowl at large (per head) 25.00 60.00 85.00
14-89 Picketing 25.00 60.00 85.00
14-90 Keeping of game birds prohibited 25.00 60.00 85.00
14-121 Dogs running at large
1st License 10.00 60.00 70.00
1st Unlicensed 25.00 60.00 85.00
2nd 35.00 60.00 95.00
3rd and subsequent offenses 50.00 60.00 110.00
14-122 Impoundment of dogs (per impoundment) 20.00 60.00 80.00
14-123 Disturbance of the peace 25.00 60.00 85.00
14-125 Defecation disposal 25.00 60.00 85.00
14-126 Vicious or biting dogs
1st Offense 100.00 60.00 160.00
2nd Offense 200.00 60.00 260.00
3rd Offense (Fine & animal forfeited) 200.00 60.00 260.00
14-127 Guard dogs (Failure to post warning) 50.00 60.00 110.00
14-128 Sanitary conditions required 25.00 60.00 85.00
14-151 License required 25.00 60.00 85.00
14-153 Rabies vaccination required 50.00 60.00 110.00
14-154 Fee (altered & have proof) 5.00 60.00 65.00
Unaltered 15.00 60.00 70.00
14-157 Dog or cat to wear tag 10.00 60.00 70.00
14-182 Impoundment fees (per head) 20.00 60.00 80.00
Per Day Feed/Care 20.00 60.00 70.00
14-186 Alternate procedure 25.00 60.00 85.00
14-187 Pickup and transportation fee 25.00 60.00 85.00
14-221 Registration required 50.00 60.00 110.00
14-223 Running at large
1st Offense 100.00 60.00 160.00
2nd Offense 200.00 60.00 260.00
3rd Offense (Fine & animal forfeited) 200.00 60.00 260.00
14-224 Wild, hybrid or dangerous animals prohibited
(Fine & seizure of animal) 100.00 60.00 160.00
14-227 Owner to report escape of dangerous
animals or animals not indigenous to State 100.00 60.00 160.00
14-229 Public Nuisance (Possession of wild, hybrid, or
Dangerous animals prohibited) 100.00 60.00 160.00
14-230 Animals declared as a biting, dangerous
or vicious animal prohibited 100.00 60.00 160.00
14-263 Commercial pet shelter prohibited 25.00 60.00 85.00
14-264 Number of pets 50.00 60.00 110.00
14-265 Adequate facilities required 25.00 60.00 85.00
14-291 License required 25.00 60.00 85.00
Passed and approved this 28th day of July, 2015.
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 #:RES 15-079,Version:1
Action on Resolution 15-079, a Resolution establishing a Policy for the Disposal of City Real
Property.
Summary:
Following a recommendation from the City-BEDC Investment Committee to sell one of the two
remaining parcels in the Foster Industrial Park, the City Council directed the preparation of a policy
governing the disposal of real property by a public auction. Action on the sale of the Foster property
was delayed.
6/23/15: Hansen/Thorpe moved to ask City Staff to look at a developmental policy in which when
land is sold as currently zoned Business or intended to be zoned Business, that it is done at auction
and look at what ‘clawbacks’ might be possible with regard to length of time someone can hold onto
that land before it is developed. Yes: 5; No 0; 2 absent.
Background:
From time to time, the City has purchased vacant land, usually agriculture, for purposes of land-
banking real estate to ultimately make available for future economic development. Usually, such land
is for the purpose of future industrial or commercial development. This practice has been successful
resulting in the development of the Telkamp Industrial Park and was crucial in attracting Bel Brands,
USA for the Foster Industrial Park. Some such sales have taken place in the Svennes Industrial Park
and the Weise Business Park. The City purchased the DOT property for future commercial
development. In each case, the intent is to make this property available to the private sector for
private development.
The action that brought about this intended policy is a shift from our economic development
emphasis from large-scale industrial to addressing the community needs of land availability for small-
scale industrial/commercial business operations.
The draft policy is intended to be an over-arching policy statement that requires specific council
action to subsequently be taken on each parcel in question of being disposed. It addresses property
only zoned with a ‘Business’ zoning designation as defined by City Code. Because each parcel will
have unique terms, conditions, ‘clawbacks’, timelines, etc., it would not be advisable to establish one
strict policy that adequately applies to all circumstances or all parcels. Likewise, the adoption of this
policy DOES NOT immediately make all excess city-owned property available for public auction. The
Council would need to undertake a process of declaring as surplus a specific parcel that is
contemplated to be sold or otherwise disposed for development, and then attach the appropriate
terms and conditions to that parcel.
This policy does not restrict the City from using any of the options currently available under state law
for the disposal of property. Finally, this policy allows the Council to consider disposing of specific
parcels by issuing a Request for Proposal (RFP) to consider development proposals from the private
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File #:RES 15-079,Version:1
sector.
Recommendation:
Staff recommends approval of the policy; and the City-BEDC Investment Committee continue to be
used when considering terms and conditions of specific parcels.
Attachments:
Resolution
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Resolution 15-079
A Resolution Adopting a City Policy
Pertaining to the Sale of Surplus Real Property
Whereas, the City of Brookings may own or have in its possession real property it
desires to see developed or re-developed for purposes of business or commercial use
in an effort to create jobs, provide services, increase the tax base, or potentially
increase the City’s working capital; and
Whereas, the City of Brookings may from time-to-time find it advantageous to partner
with private sector entities for purposes of achieving such development or re-
development; and
Whereas, the City of Brookings may utilize a variety of means pursuant to state law to
dispose of real property including but not limited to the provisions of South Dakota
Codified Law Chapters 6-5, 9-27, and 9-54.
Now, Therefore, Be It Resolved, that the City of Brookings may dispose of real property
currently owned or otherwise in its possession in the following manner as an economic
development policy:
1) The subject parcel(s) shall be real property currently zoned ‘Business’ with a B-1
through B-4 zoning designation; or a Planned Development District (PDD) zone
with an underlying zone of either of the B-1 through B-4 zones as defined by the
City of Brookings Code of Ordinances.
2) Specific City Council action shall be required on each parcel so properly zoned
pursuant to (1) and hereby declared as surplus real property; and such specific
action shall be in the form of a resolution or motion describing the legal address
of said parcel(s).
3) Qualifying real property shall be disposed pursuant to South Dakota Codified
Law Chapter 6-13 by sealed bids, a public auction, or through a licensed real
estate broker, with proper notice.
4) City Council has the right to accept or reject any and all bids, waive any bidding
irregularities, and set a minimum acceptable bid amount.
5) City Council shall stipulate terms and conditions of an accepted bid and such
terms and conditions shall be considered pre-bid stipulations that shall be made
known prior to the auction/bid date. Such conditions may include but not be
limited to:
a) Terms and conditions of payment of accepted bid.
b) Bid security and payment security.
c) A development/re-development plan acceptable to the City Council.
d) Performance deadlines and other guarantees of the development/re-
development.
e) Reversionary provisions of the parcel(s) for failure to perform.
Be It Further Resolved, that the City Council may also choose to dispose of qualifying
property by issuing a Request for Proposal (RFP) that may include terms, conditions
and/or an end-use development plan parameters, requirements, or other provisions to
be offered by respondents for the City Council to consider.
Passed and Approved this 28th day of July, 2015.
CITY OF BROOKINGS, SD
______________________
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 2015-0493,Version:1
Action on a Purchase Agreement for Property for Purposes of Executing a Street and Utility
Improvement Project.
Summary:
This purchase agreement provides to the purchase of vacant property owned by Messrs. Thomas
and Daniel Costello in the vicinity of the current dead-end streets of 15th Street South and 7th Avenue
South. Costello Management currently owns and operates apartment buildings just west of this
location and had planned to build more apartments on this parcel.
Background:
The City’s comprehensive transportation plan provides for the completion of two, currently dead-end
streets; 7th Avenue South and 15th Street South. The City has needed the property owner to dedicate
sufficient right-of-way to allow these streets to be constructed. Until that can be done, the
intersecting streets cannot be completed. Other adjacent property owners have requested the City
complete these streets. In addition, the City is a major property owner in the area owning a
neighborhood park, a dog park, and another storm water pond.
The owners have offered to sell the property to the City for $73,660 for approximately 8.51 acres.
This would provide the ability for the City to do the following: (1) construct and complete the
intersecting streets of 15th Street South and 7th Avenue South; (2) provide adequate space for a
stormwater detention/retention pond to aid our stormwater master plan and alleviate excess
discharge; (3) enable adjacent property owners to develop their parcels; and (4) provide a block for
new residential development on the south side of 15th Street. The development of a storm water pond
on this site could save costs of downstream storm water projects.
The project is currently under design and staff had intended to undertake at least part of the project in
2016. Acquiring this property enables us to complete the project at one time if the Council so
choses.
Fiscal Impact:
There would be a $73,660 cash reduction to the Drainage Fund. The project is assessable so project
costs would be partially offset by assessment revenue as well as the subsequent sale of residential
lots on the south side of the future 15th Street South connection.
Recommendation:
Staff recommends approval of the purchase agreement.
Attachments:
Purchase Agreement
Area map
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1
REAL ESTATE SALE AND PURCHASE AGREEMENT
____________________________
THIS REAL ESTATE SALE AND PURCHASE AGREEMENT is made and executed
by and between the City of Brookings, South Dakota, (hereinafter referred to as the “City”), and
Thomas Costello III and Daniel J. Costello, (hereinafter referred to as “Sellers”).
WITNESSETH:
WHEREAS, the City desires to acquire the real property described below and Sellers
agree to convey to the City, pursuant to the terms and conditions of this Real Estate Purchase
Agreement, the real estate described below.
NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND
AGREEMENTS CONTAINED HEREIN, THE PARTIES HERETO MUTUALLY AGREE TO
THE FOREGOING AND AS FOLLOWS:
1. Purchase of Real Property. Sellers jointly own and hereby agree to sell to the
City and the City hereby agrees to purchase from Sellers the following described real property:
Outlot “A”, Excluding Lot H-2 and excluding D and D Addition thereof,
in the Southeast Quarter (SE¼) of Section Thirty-five (35), Township One
Hundred Ten (110) North, Range Fifty (50) West of the 5th P.M., City of
Brookings, County of Brookings, State of South Dakota, and consisting of
8.51 acres, more or less.
2. Effective Date. This Real Estate Purchase Agreement is effective upon its
execution by all parties.
3. Purchase Price. The City shall pay Sellers the sum of Seventy-three Thousand
Six Hundred Sixty and no/100 ($73,660.00) Dollars for purchase of the above-described
property. The purchase price shall be paid at Closing.
4. Merchantable Title/Real Estate Closing Documents and Miscellaneous.
Sellers will convey the property free of liens and mortgages, but the property may be subject to
easements, rights of way and restrictions of record. Sellers will provide clear and marketable title
to the City concerning the above described real property, by Warranty Deed, which contains only
easements, rights of way and restrictions of record.
In addition, the City and Sellers, as the case may be, will also perform the following:
A. Title Insurance Policy. The City will order a Title Insurance
Commitment, the amount of which will be based on the purchase price, which
shows Sellers have marketable and merchantable title to the real property which is
2
the subject of this Agreement. At the time of Closing, the City and Sellers will
each pay one-half (½) of the cost of the Title Insurance Policy.
B. Deed Preparation/Closing Service Fees. The City Attorney for the City
will prepare the Warranty Deed and a Certificate of Real Estate Value required
for this transaction at no expense to Sellers at the time of Closing.
C. Transfer Fee/Recording Fee/Real Estate Taxes.
1. This transaction is exempt from transfer fees.
2. The City will pay the recording fee for the Warranty Deed.
3. The Sellers will pay the 2014 Real Estate Taxes. The 2015 Real Estate
Taxes shall be prorated to the date of Closing, with Sellers paying the
pro-rated share prior to the date of Closing. Because the property will
be owned by the City of Brookings, which is a political subdivision,
the property will be exempt from real property taxes from and after the
date of Closing.
D. Closing/Possession/Insurance. The Closing date will be scheduled at
the convenience of the parties at such time as all contingencies have been
satisfied or waived, with title to be given to the City at the time of Closing.
Sellers agree to maintain all existing insurance coverage on the property until the
time of Closing. It is understood and agreed that the City shall not be permitted
to take possession of the property until title has transferred.
Closing shall be scheduled after the opportunity to refer (a referendum) this
transaction ends without such referendum occurring.
The Closing shall not occur prior to October 1, 2015, without Sellers’ consent.
Notwithstanding anything in this Agreement to the contrary, in the event the
Closing has not occurred by December 31, 2015 due to any reason other than
Sellers’ breach of this Agreement, Sellers may immediately terminate this
Agreement anytime thereafter by so notifying Buyer.
E. Partial Sale/Gift. Prior to Closing Sellers may cause the property
described in Section 1 above to be the subject of a “qualified appraisal” prepared
by a “qualified appraiser” for purposes of the applicable provisions of the
Internal Revenue Code of 1986 and related regulations. Sellers shall be
responsible for the costs of preparing such appraisal. If the appraisal shows a
market value of the property materially exceeding the purchase price set fort h in
Section 3 above, Sellers may elect to treat such difference between the appraised
value and purchase price as a charitable gift to Buyer for Sellers’ income tax
purposes. In this event, Buyer shall timely deliver to each Seller an IRS form
8283 completed consistently with the results of the qualified appraisal, this
Purchase Agreement and as the parties may otherwise agree.
3
5. Contingencies. The obligation of the City to purchase the above-described
property pursuant to this Agreement is contingent upon the following contingencies:
(a) That Sellers provide clear and marketable title to the City concerning the
above described real property, by Warranty Deed, which contains only
easements, rights of way and reservations of record.
If there are any title restrictions, defects or burdens to which the City
objects, other than easements, rights of way and restrictions of record,
such objection will be stated in writing to Sellers, and Sellers will be
allowed a reasonable time of not less than sixty (60) da ys in which to
correct the same, and the Closing date will be delayed for not less than
sixty (60) days to provide Sellers with time to correct said defect.
(b) The parties also acknowledge the following contingency is also a
condition precedent to the performance of this Agreement by the City.
Briefly stated, the contingency concerns the right of the public to petition
for referendum concerning this transaction. This is viewed by the City as
unlikely, and discussed at greater length in subsection (i) below.
(i) Referendum/Election. The City’s obligation to purchase the property
described herein will be terminated if the City Council’s decision to
purchase the above-described property is referred by the voters and
the voters do not approve the purchase. “Referred” means a Petition
to Refer, signed by the requisite residents, is filed and the voters of
the City, at an election, vote to nullify the decision of the City to
purchase or pay for the property described herein. In the event of a
successful referral, this Agreement will be null and void. This
contingency will be waived at the later of the expiration date of any
referendum period if there is no referendum, or the date following the
election canvassing if there is a referendum election, and the purchase
is approved at a referendum election. However, a referendum
decision by voters of the City which does not approve the purchase
will permit the City to terminate this Agreement at no cost or liability
to the City. A referendum is not likely but all government real estate
transactions are subject to the possibility of referendum. The City will
be able to waive this contingency 20 days after publication of the
Resolution approving this Purchase Agreement.
If the foregoing contingencies are not satisfied or resolved or waived by
the City, then this Agreement may be terminated at the option of the City
and this Agreement shall be null and void.
4
6. Good Faith/Mutual Cooperation.
(a) The City will in good faith seek to satisfy all contingencies to this Real
Estate Purchase Agreement and will act in a timely manner to permit its
prompt Closing.
At any time and from time to time before and after the Closing, the City
will, at the request of Sellers, and without further consideration, promptly
execute, acknowledge and deliver such further instruments and take such
further action as Sellers may reasonably request in order to consummate
and confirm the transaction contemplated by this Agreement and to
accomplish the purposes of this Agreement; however, no such instruments
or actions will impose upon the City any burden or obligation which is in
excess of any burden or obligation specifically imposed upon the City
pursuant to the terms of this Agreement.
(b) At any time and from time to time before and after the Closing, Sellers
will, at the request of the City, and without further consideration, promptly
execute, acknowledge and deliver such further instruments and take such
further action as the City may reasonably request in order to consummate
and confirm the transaction contemplated by this Agreement and to
accomplish the purposes of this Agreement; however, no such instruments
or actions will impose upon Sellers any burden or obligation which is in
excess of any burden or obligation specifically imposed upon Sellers
pursuant to the terms of this Agreement.
7. Review by Counsel. The City and Sellers acknowledge that they each have had
an opportunity to review this Agreement, as necessary, with legal counsel, and the parties agree
that the rule of construction to the effect that any ambiguities are to be resolved against the
drafting party shall not be employed in the interpretation of this Agreement. This Real Estate
Sale and Purchase Agreement was prepared by Steven J. Britzman, City Attorney for the City of
Brookings.
8. Applicable Law. The laws of South Dakota govern this transaction.
9. Entire Agreement. This written Agreement constitutes the complete Agreement
between the parties and supersedes any prior oral or written Agreement between the parties
regarding the subject matter of this Agreement. There are no verbal agreements that change this
Agreement and no waiver of its terms will be effective unless such are made and executed in
writing and duly acknowledged as received by the parties.
10. Binding Effect. This Agreement binds the parties hereto and their heirs,
successors and assigns, if any.
5
Dated this ____ day of July, 2015. SELLERS:
THOMAS COSTELLO and DANIEL J.
COSTELLO
Thomas Costello
Daniel J. Costello
Dated this ____ day of July, 2015. CITY:
CITY OF BROOKINGS
(SEAL) By:
Tim Reed, Mayor
ATTEST:
________________________________
Shari L. 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 2015-0521,Version:1
Action on City of Brookings Visioning Statement and Guiding Principles.
Proposed New 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!"
3 Guiding Principles
1) Evolving economic growth and community improvement strategy.
2) Active civic engagement.
3) Distinctive community assets.
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