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Home My WebLink About2015_08_11 CC PKTCity Council City of Brookings Meeting Agenda Brookings City Council Brookings City & County Government Center 520 3rd St., Suite 230 Brookings, SD 57006 Phone: (605) 692-6281 Fax: (605) 692-6907 Vision Statement: "We are an inclusive, diverse, connected community that fuels the creative class, embraces sustainability and pursues a complete lifestyle. We are committed to building a bright future through dedication, generosity and authenticity. Bring your dreams!" Council Chambers6:00 PMTuesday, August 11, 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 2015-0557 Action to approve the July 28 Council Minutes. 7/28/2015 MinutesAttachments: 4. Items removed from Consent Agenda. Action: Motion to Approve, Request Public Comment, Roll Call Page 1 City of Brookings August 11, 2015City Council Meeting Agenda 5. Open Forum/Presentations/Reports: 5.A. Open Forum. At this time, any member of the public may request time on the agenda for an item not listed. Items are typically scheduled for the end of the meeting; however, very brief announcements or invitations will be allowed at this time. 5.B.ID 2015-0569 Introduction of Dr. Clint Willert, Brookings School District Superintendent 5.C.ID 2015-0559 City of Brookings receives Startup-in-a-Day Grant from The White House 6. Contracts/Change Orders: 6.A.RES 15-085 Action on Resolution 15-085, a Resolution awarding the contract for the EdgeBrook Golf Course Drainage Improvement Project. Resolution Bid Tab Final Plans Edgebrook Petitions Golf Comparison - posted 8.11.2015 Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 6.B.RES 15-084 Action on Resolution 15-084, a Resolution awarding the contract for a new 2015 Articulated 4-Wheel Drive Loader; Brookings Regional Airport AIP # 3-46-0005-27-2015. ResolutionAttachments: Action: Motion to Approve, Request Public Comment, Roll Call 6.C.RES 15-086 Action on Resolution 15-086, a Resolution authorizing the City Manager to sign a Grant Agreement for a 2015 Articulated 4-Wheel Drive Loader, Brookings Regional Airport A.I.P. #3-46-0005-27-2015. ResolutionAttachments: Action: Motion to Approve, Request Public Comment, Roll Call 6.D.RES 15-087 Action on Resolution 15-087, a Resolution authorizing Change Order No. 4 for 2014-02STI, Main Avenue South and 26th Street South Assessment Project; Bowes Construction Inc. ResolutionAttachments: Action: Motion to Approve, Request Public Comment, Roll Call 7. Ordinance First Readings: No vote is taken on the first reading of an Ordinance. The title of the Ordinance is read and the date for the public hearing is announced. Page 2 City of Brookings August 11, 2015City Council Meeting Agenda 8. Public Hearings and Second Readings: 8.A.ID 2015-0544 Public Hearing and action on a temporary liquor application for Jaystreet Pub for a wedding reception at the National Guard Armory on October 10, 2015. Public NoticeAttachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call 8.B.ORD 15-013 Public Hearing and action on Ordinance 15-013, an Ordinance for Residency Requirements for Board of Adjustment members. Ordinance Public Notice July Planning Commission Minutes and Summary Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call Legislative History 7/28/15 City Council read into the record 8.C.ORD 15-014 Public Hearing and action on Ordinance 15-014, an Ordinance establishing additional requirements for posting rezoning and conditional use signs. Ordinance Public Notice July Planning Commission Minutes and Summary Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call Legislative History 7/28/15 City Council read into the record 8.D.ORD 15-015 Public Hearing and action 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. Ordinance Public Notice Drawing July Planning Commission Minutes and Summary Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call Legislative History 7/28/15 City Council read into the record 8.E.ORD 15-016 Public Hearing and action on Ordinance 15-016, an Ordinance for a Conditional Use Permit on Lot 4, Block 1, Gilkerson Second Addition; 300 32nd Ave. Page 3 City of Brookings August 11, 2015City Council Meeting Agenda Ordinance Public Notice Drawing July Planning Commission Minutes and Summary Attachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call Legislative History 7/28/15 City Council read into the record 9. Other Business: 9.A.ID 2015-0546 Action on a Legal Services Agreement between the City of Brookings and Steven J. Britzman, Attorney at Law for a three-year contract (01/01/2016 - 12/31/2018). Contract Memo from Steven J. Britzman Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 9.B.RES 15-046 Action on Resolution 15-046, a Resolution authorizing the City Manager to sign a Wetland Permanent Easement between the South Dakota Department of Transportation and the City of Brookings. Resolution Easement Map Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 9.C.ID 2015-0551 Action on a revised Preliminary Plat, Christie Springs Addition, NW ¼ of Section 2-T109N-R50W. Public Notice PC Minutes and Summary Plat Drawings Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 9.D.ID 2015-0545 Discussion and Possible Action on 6th Street Median Concept between Main Avenue and Medary Avenue. Memo Median Concept Attachments: Action: Motion to Approve, Request Public Comment, Roll Call 9.E.ID 2015-0535 Budget Workshop Session #5 Page 4 City of Brookings August 11, 2015City Council Meeting Agenda City Manager's Budget Message 2016 Proposed Budget Summary 2016 Proposed Budget Detail - 7.15.2014 Estimated Cash Balance 12.31.2015, General Fund Estimated Cash Balances 2013-2016, All Funds 5-Year Capital Improvement Plan Debt Service Amortization Schedule 75% Sales and Use Tax Cash Projection G&E Policy - Subsidy Guidelines Attachments: 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. Executive Session ID 2015-0558 Executive Session, pursuant to SDCL 1-25-2, for purposes of consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters. 12. 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 5 City of Brookings City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 2015-0557,Version:1 Action to approve the July 28 Council Minutes. Attachments: July 28 Council Minutes City of Brookings Printed on 8/7/2015Page 1 of 1 powered by Legistar™ Brookings City Council July 28, 2015 (unapproved) The Brookings City Council held a meeting on Tuesday, July 28, 2015 at 6:00 p.m., at City Hall with the following members present: Mayor Tim Reed, Council Members Keith Corbett, Dan Hansen, Ope Niemeyer, Patty Bacon, Jael Thorpe, and Scott Meyer. 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: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon. 3.A. Action to approve the agenda. 3.B. Action to approve the May 26, July 7, July 14 and July 21 City Council Minutes. 3.C. Action to approve Resolution 15-082, a Resolution declaring Surplus Property (Airport Loader). 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. 3.D. Action to approve Resolution 15-083, a Resolution declaring Surplus Property (HP Designjet Plotter). 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. FIRST READING – Ordinance 15-013. Introduction and first reading was held on Ordinance 15-013, an Ordinance for Residency Requirements for Board of Adjustment members. Public Hearing: August 11, 2015. FIRST READING – Ordinance 15-014. Introduction and first reading was held on Ordinance 15-014, an Ordinance establishing additional requirements for posting rezoning and conditional use signs. Public Hearing: August 11, 2015. FIRST READING – Ordinance 15-015.Introduction and first reading was held 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. FIRST READING – Ordinance 15-016.Introduction and first reading was held 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. Ordinance 15-012. A public hearing 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. A motion was made by Council Member Meyer, seconded by Council Member Corbett, that Ordinance 15-012 be approved. The motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon. Resolution 15-081. A public hearing was held 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. A motion was made by Council Member Niemeyer, seconded by Council Member Hansen, that Resolution 15-081 be approved. The motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon. Resolution 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. Resolution 15-075.A motion was made by Council Member Corbett, seconded by Council Member Bacon, that 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), be approved. The motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon. Resolution 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 1, 2016 as prescribed by law for all violations of Ordinances set forth herein. Schedule of Proposed Fines with Court Costs Section Offense Fine Without Court Total Fine Court AppearanceCosts and 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 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 Resolution 15-078. A motion was made by Council Member Hansen, seconded by Council Member Corbett, that 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, be amended and approved to increase the Licensing Fee to $75 and the Impoundment Fee to $80. The motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon. Resolution 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 AppearanceCosts 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 75.00 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 80.00 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 Resolution 15-079. A motion was made by Council Member Corbett, seconded by Council Member Hansen, that Resolution 15-079, a Resolution establishing a Policy for the Disposal of City Real Property, be approved. A motion was made by Council Member Hansen, seconded by Council Member Corbett, to amend the Resolution to change the last paragraph to read “Be It Further Resolved that the City Council may decide not to declare the property and 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.” The motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon. On the main motion as amended: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon. 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 decide not to declare the property surplus and 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. Purchase Agreement. A motion was made by Council Member Niemeyer, seconded by Council Member Meyer, to approve a Purchase Agreement for Property for Purposes of Executing a Street and Utility Improvement Project. The motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon. 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. The 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 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. This 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 Agreemetn 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 forth 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. 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) days 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. 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. Dated this ____ day of July, 2015.SELLERS: THOMAS COSTELLO and DANIEL J. COSTELLO Thomas Costello Daniel J. Costello Dated this 28th day of July, 2015.CITY: CITY OF BROOKINGS (SEAL)By: ATTEST: Tim Reed, Mayor Shari L. Thornes, City Clerk Visioning Statement and Guiding Principles. A motion was made by Council Member Corbett, seconded by Council Member Hansen, to approve the City of Brookings Visioning 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!" and Three Guiding Principles:1) Evolving economic growth and community improvement strategy, 2) Active civic engagement, and 3) Distinctive community assets. The motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon. Introduction of Topics for Future Discussion. A motion was made by Council Member Thorpe, seconded by Council Member Hansen, that staff create the framework for a program during a set period of time in November and through December, that recipients of parking violations may have their fees waived by donating to the Food Pantry or other food donation entities. The motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon. Adjourn.A motion was made by Council Member Hansen, seconded by Council Member Corbett, to adjourn the meeting at 6:47 p.m. The motion carried by a unanimous vote. CITY OF BROOKINGS ATTEST: Tim Reed, Mayor Shari Thornes, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 2015-0569,Version:1 Introduction of Dr. Clint Willert, Brookings School District Superintendent City of Brookings Printed on 8/7/2015Page 1 of 1 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 2015-0559,Version:1 City of Brookings receives Startup-in-a-Day Grant from The White House Summary: The Brookings Economic Development Corporation applied for and received a Startup-in-a-Day Grant from The White House. For more information on this grant: <https://www.whitehouse.gov/blog/2015/08/04/startup-day-four-things-you-should-know> City of Brookings Printed on 8/7/2015Page 1 of 1 powered by Legistar™ City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:RES 15-085,Version:2 Action on Resolution 15-085, a Resolution awarding the contract for the EdgeBrook Golf Course Drainage Improvement Project. On August 4, 2015, the City held a bid letting for the EdgeBrook Golf Course Drainage Improvement Project. The City received three bids for the project as listed below: Meyer Services Inc. of Volga, SD Base bid: $268,769.00 Alternate #1: $27,341.00 Total: $296,110.00 First Rate Excavate, Inc. of Sioux Falls, SD Base bid: $388,707.00 Alternate #1: $30,737.00 Total: $419,444.00 Duininck, Inc. of Prinsburg, MN Base bid: $474,938.75 Alternate #1: $47,345.00 Total: $522,283.75 EdgeBrook Golf Course has endured severe and chronic drainage issues on the front nine holes for decades. There have been two attempts over this time to address the issue. Each attempt has been met with short term success. The previous measures involved dredging or pulling in drain tile. Each time, the drain tile was eventually compromised by the simplicity of the design and roots of trees along the drain tile’s path. During the past 10 months, the City has been working with Stockwell Engineers of Sioux Falls, SD to develop a plan to address the issues in a more permanent fashion. After several revisions, a plan has been devised to alleviate the standing water using a series of enhanced drain tile, an additional pond, detention and diversion of the two 22nd Ave. culverts and the creation of natural but unplayable areas that will act as detention zones. Additionally, trees will be removed along the new drainage paths so their roots do not impact the drain tile. Through July of the 2015 golf season, EdgeBrook Golf Course has enjoyed a 16.5% increase in public play and a 25% increase in memberships over the two previous seasons. Most encouraging is the tremendous participation in First Tee youth program this summer which enrolled approximately 220 youth participants, ages 4-17 years. With this substantial increase in local interest in the game of golf, it is even more critical to keep the golf course in excellent shape to keep satisfaction high for those who already golf, as well as, for those who may be interested in taking up the game. The project will be paid for through a combination of funds: 1. Drainage fund, $82,810.13 2. Liquor store fund, $195,544.87 3. EdgeBrook CIP fund, $17,755.00 City of Brookings Printed on 8/11/2015Page 1 of 2 powered by Legistar™ File #:RES 15-085,Version:2 Recommendation: The City and Stockwell Engineers recommend the bid of $296,110.00, including the Alternate #1, by Meyer Services, Inc. of Volga, SD be accepted. Attachments: Resolution Bid Tab Final Drainage Plans EdgeBrook Petitions Golf Comparison - posted 8.11.2015 City of Brookings Printed on 8/11/2015Page 2 of 2 powered by Legistar™ Resolution 15-085 Resolution Awarding the Contract for EdgeBrook Golf Course Drainage Project for the Parks, Recreation & Forestry Dept. Whereas, the City of Brookings has sought and received the following bid for the EdgeBrook Golf Course Drainage Project: Meyer Services Inc. of Volga, SD Base bid: $268,769.00 Alternate #1: $27,341.00 Total: $296,110.00 Now Therefore, Be It Resolved that the bid from the in the amount of $296,110.00, including Alternate #1, by Meyer Services, Inc. of Volga, SD be accepted. The estimated budget for this expenditure is $346,000.00. Passed and approved this 11th day of August 2015. CITY OF BROOKINGS ________________________________ Tim Reed, Mayor ATTEST _________________________ Shari Thornes, City Clerk Bid Let Contract for EdgeBrook Golf Course Drainage Project for the Parks, Recreation & Forestry Dept. Bid Let: Tuesday, Aug. 4, 2015, 1:30pm Bidder/Company Bid Bond/Cashiers Check Included Included Included Bid $268,769.00 $388,707.00 $474,938.75 Alternates $27,341.00 $30,737.00 $47,345.00 Total $296,110.00 $419,444.00 $522,283.75 Addendums #1 Acknowledged #1 Acknowledged #1 Acknowledged The estimated budget for this expenditure is $346,000. Meyer Services Inc. of Volga, SD First Rate Excavate, Inc. of Sioux Falls, SD Duininck, Inc. of Prinsburg, MN City of BrookingsEdgebrook Golf CoursePlans for Proposed Drainage ImprovementsSEI No. - 2015Index of SheetsBrookings CountyLocation MapDrawing indicates general utility locations only. Neither thecorrectness or completeness of locations are guaranteed.Prior to excavation contact:SOUTH DAKOTA ONE CALL (1-800-781-7474)Gaard A. RopsS.D. No. 8738I, Gaard A. Rops, hereby certify that these plans were prepared by me, orunder my direct supervision and that I am a duly registered engineer underthe laws of the State of South Dakota.DateProject LocationI-29 SHEET NO. A-1 THRU A-3 TITLE SHEET, LEGEND, ORIENTATIION/DATA CONTROLSHEET NO. B-1 ESTIMATE OF QUANTITIESSHEET NO. D-1 THRU D-3 SEQUENCE OF OPERATIONS/GENERAL NOTESSHEET NO. G-1 THRU G-4 EROSION CONTROLSHEET NO. I-1 THRU I-3 EXISTING IRRIGATION SYSTEMSHEET NO. J-1 THRU J-3 SITE PLANSHEET NO. N-1 THRU N-4 DETAILS/STANDARD PLATES 22ND AVENUE20TH STREET8TH STREETMEDARY AVENUE A-2LEGEND OF SYMBOLS CP-10 CP-11 CONTROL DATA POINT NO.NORTHING EASTING ELEVATION STA. 0+00 TO 10+00 G-2, I-1, J-1 20TH STREET A-3STA. 10+00 TO 20+00 G-3, I-2, J-2 STA. 20+00 TO 30+00 G-4, I-3, J-322ND AVENUEI-29MORIARTY DRIVE B-1ITEM NO.ITEM UNIT QUANTITY BASE BID 1 Mobilization LS 1 2 Incidental Work LS 1 3 Traffic Control, Miscellaneous LS 1 4 Clear and Grub Tree EA 8 5 Clear and Grub Stump EA 21 6 Unclassified Excavation CY 4050 7 Strip Topsoil CY 7890 8 Place Topsoil CY 7890 9 Remove and Replace Concrete Pavement SY 175 10 Class B Rip Rap TON 80 11 Pond Field Stone Boulder Wall TON 85 12 8" Perforated Storm Drain Tile LF 2905 13 8" Drain Tile Cleanout EA 30 14 Permanent Seed Mix #1 LBS 1489 15 Permanent Seed Mix #2 LBS 61 16 Fertilizer LBS 2945 17 Erosion Control Blanket SY 35470 18 9" Sediment Control Wattle LF 580 19 Silt Fence LF 30 20 Soil Stabilizer Acres 7.5 ALTERNATE NO. 1 21 8" Perforated Storm Drain Tile LF 710 22 8" Drain Tile Cleanout EA 7 23 Unclassified Excavation CY 315 24 Class B Rip Rap TON 20 SHEET NO. D-1 SHEET NO. D-2 SHEET NO. D-3 G-1   EROSION CONTROL NARRATIVE - SWPPPSITE NAME/OWNERENGINEERGENERAL CONTRACTORCITY OF BROOKINGSSTOCKWELL ENGINEERS, INC.TBD520 3RD STREET, SUITE 140600 N. MAIN AVENUE, SUITE 100BROOKINGS, SD 57006SIOUX FALLS, SOUTH DAKOTA 57104(605) 338-6668grops@stockwellengineers.comPROJECT DESCRIPTIONTHIS PROJECT CONSISTS OF GENERAL GRADING FOR IMPROVED SITE DRAINAGE THROUGH AN EXISTING LOW AREA OF THE EDGEBROOK GOLF COURSE. WORK SHALLINCLUDE THE CONSTRUCTION OF SHALLOW PONDS, STRIPPING OF EXISTING TOPSOIL, REGRADING OF STRIPPED AREA, INSTALLATION OF NEW PERFORATED DRAIN TILEPLACEMENT OF SALVAGED TOPSOIL, AND IRRIGATION ADJUSTMENTS. WORK WILL ALSO INCLUDE SEEDING, FERTILIZING AND MULCHING THE INSTALLATION OF OTHEREROSION CONTROL MEASURES.EXISTING SITE CONDITIONSTHE SITE IS CURRENTLY HOME TO EDGEBROOK GOLF COURSE IN BROOKINGS, SOUTH DAKOTA. THE SITE DRAINS FROM THE NORTH TO THE SOUTH, AND DISCHARGES INTOAN EXISTING STORM RETENTION POND ON-SITE.ARE WETLANDS AN ISSUE? (Y/N) NODOES THE STATE HISTORICAL PRESERVATION OFFICE (SHPO) NEED TO REVIEW THESE PLANS? (Y/N) NODOES THE STATE GAME, FISH & PARKS NEED TO REVIEW THESE PLANS? (Y/N) NODOES THE UNITED STATES FISH AND WILDLIFE SERVICE NEED TO BE CONTACTED CONCERNING THREATENED OR ENDANGERED SPECIES? (Y/N) NOADJACENT AREASTHE PROJECT IS BORDERED BY AGRICULTURAL LAND ON THE NORTH SIDE, INTERSTATE 29 TO THE EAST, RESIDENTIAL TO THE SOUTH AND 22ND AVENUE AND RESIDENTIALTO THE WEST.SOILSTHE SOILS WITHIN THE DISTURBED AREAS CONSIST OF A HAMERLY-BADGER COMPLEX SOIL. THESE SOILS ARE SLIGHTLY WELL DRAIN ON SLOPES OF 0 TO 2 PERCENTS.THESE SOILS ARE OF THE HYDROLOGIC SOIL GROUP C, HAVE A SLOW INFILTRATION RATE WHEN THOROUGHLY WET, AND ARE SLIGHTLY ERODIBLE.AREA AND VOLUME DISTURBEDTHE APPROXIMATE SURFACE AREA TO BE DISTURBED IS 7.5 ACRES.SEDIMENT CONTROL MEASURESSEDIMENT CONTROL MEASURES WILL CONSIST OF SILT FENCING, EROSION CONTROL WATTLES, PERMANENT SEEDING AND EROSION CONTROL BLANKET.AREAS FOR STOCKPILES AND STORAGEALL STOCKPILES WILL BE SEEDED WITH A TEMPORARY COVER CROP.EROSION AND SEDIMENT CONTROL CONSTRUCTION SEQUENCETHE FOLLOWING EROSION AND SEDIMENT CONTROL SEQUENCING SHALL BE FOLLOWED BY THE OWNER/CONTRACTOR/OPERATOR INVOLVED IN THIS CONSTRUCTION SITEACTIVITY. CHANGES IN THE PROJECT CONSTRUCTION PLANS AND TIMELINES MAY REQUIRE THIS SEQUENCE TO BE CHANGED. ANY CHANGES TO THIS EROSION ANDSEDIMENT CONTROL PLAN (ESCP) SEQUENCE MUST BE APPROVED BY THE ENGINEER OF RECORD PRIOR TO MAKING MODIFICATIONS IN THE FIELD.PRIOR TO GRADING OPERATIONS-OWNER/CONTRACTOR/OPERATOR SHALL COMPLY WITH ALL EROSION AND SEDIMENT CONTROL MEASURES IN THIS ESCP.-ESCP MUST BE ACCEPTED BY THE CITY ENGINEER PRIOR TO PROCEEDING.- THE EROSION AND SEDIMENT CONTROL REQUIREMENTS SET FORTH IN THE ACCEPTED ESCP SHALL BE CONSIDERED MINIMUM MEASURES AND ADDITIONAL MEASURESMAY BE NECESSARY TO REDUCE OR ELIMINATE IMPACTS FROM EROSION.-PRIOR TO CONSTRUCTION COMMENCEMENT, THE OPERATOR MAY INSTALL PERIMETER SEDIMENT ENTRAPMENT FACILITIES SPECIFIED IN THE ACCEPTED ESCP. THISONLY ALLOWS THE MINIMUM AMOUNT OF SOIL DISTURBANCE NECESSARY THAT IS DIRECTLY RELATED TO THE INSTALLATION OF THESE SEDIMENT ENTRAPMENTFACILITIES.-INSTALL ALL SEDIMENT ENTRAPMENT FACILITIES AS BEST MANAGEMENT PRACTICES (BMP)-CONTACT THE CITY ENGINEER FOR INITIAL SEDIMENT CONTROL INSPECTION.SITE GRADING PHASE-REFER TO CONSTRUCTION DOCUMENTS FOR GRADING PLAN- AFTER ISSUANCE OF GRADING PERMIT THE OPERATOR MAY PROCEED WITH SITE GRADING IN COMPLIANCE WITH THE GRADING PLAN AND THE ACCEPTED ESCP. DISTURBNO MORE AT ONE TIME THAN IS NECESSARY.- THE INSTALLATION OF ALL OTHER SEDIMENT ENTRAPMENT AND CONTROL FACILITIES SHALL BEGIN BEFORE MAJOR LAND DISTURBANCE ACTIVITIES IN ACCORDANCEWITH THE TIME SCHEDULE ESTABLISHED IN THE ACCEPTED ESCP.-DURING ALL PHASES, SEDIMENT ENTRAPMENT DEVICES MUST BE CONTINUOUSLY MAINTAINED WHILE IN SERVICE.1. REPAIR ANY IDENTIFIED DEFICIENCY TO THE SEDIMENT ENTRAPMENT FACILITIES.2.REMOVE ENTRAPPED SEDIMENT FROM SEDIMENT ENTRAPMENT FACILITIES BEFORE IT REACHES 50% CAPACITY.3. SEDIMENT REMOVED FROM SEDIMENT ENTRAPMENT FACILITIES SHALL BE MOVED UPSTREAM FROM THE ENTRAPMENT FACILITIES AND SURFACE STABILIZED.-DURING ALL PHASES ANY SEDIMENT TRANSPORTED ONTO A PUBLIC ROAD SHALL BE CLEANED AT THE END OF EACH DAY IN ACCORDANCE WITH CITY STANDARDS.-DURING ALL PHASES AFTER CONSTRUCTION BEGINS, SOIL SURFACE STABILIZATION SHALL BE APPLIED WITHIN 14 DAYS TO ALL DISTURBED AREAS THAT MAY NOT BE ATFINAL GRADE BUT WILL REMAIN DORMANT (UNDISTURBED) FOR PERIODS LONGER THAN 21 CALENDAR DAYS. WITHIN 14 DAYS AFTER FINAL GRADE IS REACHED ON ANYPORTION OF THE SITE, PERMANENT OR TEMPORARY SOIL SURFACE STABILIZATION SHALL BE APPLIED TO DISTURBED AREAS AND SOIL STOCKPILES.-SOIL SURFACE STABILIZATION MUST BE ESTABLISHED WITH PERMANENT REVEGETATION (PR).PERMANENT STABILIZATION MEASURESPERMANENT LANDSCAPING INCLUDING BLUEGRASS SEED WILL BE INSTALLED UPON COMPLETION OF GRADING ACTIVITIES.MAINTENANCEINSPECTION OF EROSION AND SEDIMENT CONTROL MEASURES SHOULD BE SCHEDULED WEEKLY AND FOLLOWING ANY STORM EVENT OF 0.5 INCHES OR GREATER. ALLMEASURES WILL BE MAINTAINED IN GOOD WORKING ORDER. INSPECTION AND MAINTENANCE PROCEDURES WILL CONTINUE UNTIL ALL DISTURBED AREAS HAVE REACHEDFINAL STABILIZATION.PAVED STREETS ADJACENT TO THE SITE SHALL BE CLEANED AT THE END OF EACH WORKING DAY TO REMOVE SEDIMENT BUILDUP FROM CONSTRUCTION ACTIVITIES.SPILL PREVENTIONPETROLEUM PRODUCTS: ONSITE CONSTRUCTION EQUIPMENT WILL BE MONITORED FOR LEAKS & RECEIVE REGULAR PREVENTATIVE MAINTENANCE.CHEMICAL AND FERTILIZERS: THE USE OF FERTILIZERS IS ANTICIPATED.CONCRETE TRUCKS: CONCRETE TRUCKS WILL NOT BE ALLOWED TO DISCHARGE SURPLUS CONCRETE ON THE SITE.SPILL PREVENTION PRACTICESCHEMICAL AND PETROLEUM PRODUCT SPILLS OF TOXIC OR HAZARDOUS MATERIAL WILL BE REPORTED TO THE APPROPRIATE FEDERAL, STATE OR LOCAL GOVERNMENTAGENCY. ALL SPILLS WILL BE CLEANED UP IMMEDIATELY AFTER DISCOVERY.SOIL SURFACE STABILIZATION PRACTICESAFTER CONSTRUCTION BEGINS, SOIL SURFACE STABILIZATION SHALL BE APPLIED WITHIN 14 DAYS TO ALL DISTURBED AREAS THAT MAY NOT BE AT FINAL GRADE BUT WILLREMAIN DORMANT (UNDISTURBED) FOR PERIODS LONGER THAN 21 CALENDAR DAYS. WITHIN 14 DAYS AFTER FINAL GRADE IS REACHED ON ANY PORTION OF THE SITE,PERMANENT OR TEMPORARY SOIL SURFACE STABILIZATION SHALL BE APPLIED TO DISTURBED AREAS AND SOIL STOCKPILES. THE FOLLOWING TABLE LISTS THE AMOUNTOF TIME VARIOUS EROSION CONTROL MEASURES ARE APPLICABLE.MAXIMUM TIME LIMITS OF LAND EXPOSURES FOR SELECTION OF EROSION CONTROLS EROSION CONTROL METHOD MAXIMUM ALLOWABLE PERIOD OF EXPOSURE (MONTHS)SURFACE ROUGHENING 1MULCHING12TEMPORARY REVEGETATION12 - 24PERMANENT REVEGETATION24 OR MORESOIL STOCKPILE REVEGETATION2SITE PLANTHE EXISTING CONTOURS ARE SHOWN AT ONE FOOT INTERVALS. THE PROPOSED ARE AT ONE FOOT INTERVALS. THE GRADING LIMITS, SILT FENCE AND EROSION CONTROLWATTLES ARE SHOWN ON THE PLAN. THESE ITEMS WILL BE INSTALLED PER THE PLAN DETAILS AND SPECIFICATIONS.NOTICE OF INTENT (PERMIT NO. SDR10H202 )A NOTICE OF INTENT (NOI) HAS BEEN FILED WITH THE DENR. THE RESPONSIBLE PARTY IS REQUIRED TO NOTIFY THE ENVIRONMENTAL DIVISION WHEN THE SITE HASREACHED FINAL STABILIZATION, AND FILE A NOTICE OF TERMINATION WITH THE SD DENR.DEWATERINGDEWATERING OPERATIONS ARE NOT EXPECTED DURING THIS PROJECT. IF NEEDED, A GENERAL DEWATERING PERMIT WILL BE ATTAINED FROM THE SD DENR.EROSION AND SEDIMENT CONTROL PLAN CERTIFICATIONTHIS EROSION AND SEDIMENT CONTROL NARRATIVE AND ATTACHED EROSION AND SEDIMENT PLAN APPEARS TO FULFILL THE TECHNICAL CRITERIA AND THE CRITERIA FOREROSION CONTROL AND THE REQUIREMENTS OF THE CITY OF BROOKINGS. I UNDERSTAND THAT ADDITIONAL EROSION AND SEDIMENT CONTROL MEASURES MAY BENEEDED IF UNFORESEEN EROSION PROBLEMS OCCUR OR IF THE SUBMITTED PLAN DOES NOT FUNCTION AS INTENDED. THE REQUIREMENTS OF THIS PLAN SHALL RUN WITHTHE LAND AND BE THE OBLIGATION OF THE RESPONSIBLE PARTY UNTIL SUCH TIME AS THE PLAN IS PROPERLY COMPLETED, MODIFIED OR VOIDED.GENERAL CONTRACTORDATEENGINEER'S CERTIFICATIONI HEREBY CERTIFY THAT THESE PLANS WERE PREPARED UNDER MY DIRECT SUPERVISIONS AND THAT I AM A DULY REGISTERED PROFESSIONAL ENGINEER UNDER THELAWS OF THE STATE OF SOUTH DAKOTA.ENGINEERDATE G-2   QUANTITIESSFLEGEND G-3   QUANTITIESSFLEGEND SFG-4   QUANTITIESSFLEGEND I-1LEGEND GENERAL NOTE I-2LEGEND GENERAL NOTE I-3LEGEND GENERAL NOTE LEGENDQUANTITIESJ-1    LEGENDQUANTITIESJ-2    LEGENDQUANTITIESJ-3    N-18"X8" PVC WYE 8" PVC SDR 35 PERFORATED STORM SEWER 8" PVC CLEANOUT DETAIL NOT TO SCALE 8" PVC SDR 35 RISER NDS ROUND DROP IN GRATE GRATE OPENING: 5/16" DIAMETER: 9-3/4" HEIGHT: 2-3/4" PERFORATED DRAIN TILE DETAIL NOT TO SCALE 39&%(1' EXISTING CULVERT CROSSING OUTLET DETAIL NOT TO SCALE 8" CLEANOUT (SEE DETAIL) 8" PVC SDR 35 DRAIN TILE (SEE DETAIL) EXISTING GROUND CLASS B RIP RAP EXISTING CULVERT CROSSING PLACE CLEANOUT RIM 6" BELOW OVERFLOW ELEVATION SEE POND CONTOURS ON PLAN SHEETS N-2POND SECTION DETAIL NOT TO SCALE RIP RAP AT OUTLET PROTECTION NOT TO SCALE RIPRAP REQUIREMENTS DRAIN TILE OUTLET NOT TO SCALE N-3SILT FENCE (WOVEN WIRE) NOT TO SCALE SEDIMENT CONTROL WATTLE NOT TO SCALE   N-4TRENCH APPROX. 10" WIDE x 8" DEEP FOR CHANNEL TRENCHING METHOD,SEE DETAIL 8/3 & 9/3 1 ROW OF STAPLES, 12" O.C. SIDE SEAM OVERLAP,SEE DETAIL 6/3 2 ROWS OF STAPLES, STAGGERED, 6" O.C., EA. DIR. CHANNEL BLANKET ENDOF ROLL OVERLAP,SEE DETAIL 2 ROWS OF STAPLES, STAGGERED, 6" O.C., SOIL FILLEDFROM SOIL PILE.COMPACT WTH FCX)T CHANNEL JRENCHINGMETHOD "A"NOTES: 1. SEE CURLD(® SLOPE APPLICATION DETAIL SHEET FOR PROPER SLOPE INSTALLATION. TRENCH APPROX. 10" WDE x 8" DEEP2. STAPLE PATIERNS ARE DEPENDENT ON SITE CONDITIONS.SEE CURLEX® STAPL£ PATIERN GUIDE FOR DEJA1LS. FOR CHANNEL TERMINATION,SEE DETAILS 4/3 & 5/3 3. E-STAPLE® MAY BE USED IN PLACE OF WRE STAPLES. SLOPE BLANKET TO BEINSTALLED ORST ANDEXTENDED AT LEAST TOTtiE ANTICIPATED MAX.WATER ELEVATION BLANKET OVERLAP, 2"-4'CHANNEL DETAIL 1 ROW OF STAPLES, 12" O.C. STAPLES SHOULD BEPARALLEL WITHDIRECTION OF FLOW \_ STAPLES ARE THROUGH 'BOTH BLANKETS. SIDE SEAM OVERLAPSTAPLE DETAILCHANNEL TERMINATIONPLANCHANNELJNSTALLATIONMETHOD "A" 2 ROWS OF STAPLES, STAGGERED, 6" O.C., EA. DIR. CHANNEL UNER MUST EXTEND 3-0" ABOVETHE ANTICIPATED HIGHWATER ELEVATION 2 ROWS OF STAPLES 4- APART, STAGGERED, 6" O.C., STAPLES TO BEPLACED CLOSE TO EDGEOF BLANKET SLOPE BLANKET TO BEINSTALLED RRST AND EXTENDED 3-0" BEYONDTHE TOE OF THE SLOPE CHANNEL UNER MUST EXTEND 3'-0" ABOVETHE ANTICIPATED HIGHWATER ELEVATION FLOW ^y CHANNEL NO SCALE /i 2 ROWS OF STAPLES 4' APART, STAGGERED, -6' O.C., STAPLES TO BEPLACED CLOSE TO EDGEOF BLANKET TERMINATION /T 3 SOIL FILLEDFROM SOIL PILE.COMPACT WITH FOOT SIEEJ2 CHANNEL _TRENCHINGMETHOD "B" 2 ROWS OF STAPLES 4" APART, STAGGERED, 6" O.C. CHANNELJNSTALLAT10NMETHOD "B"CHANNEL BLANKET ENDOF ROLL OVERLAP American Excelsior Company®' Earth Science Division AMERICAN EXCELSIOR COMPANY SHEET DESCRIFnON CURLEX® CHANNEL DATE 1/7/03 2015 2014 2013 *Members/Season 4748 Public 4709 3909 3966 9457 3909 3966 2015 2014 2013 2015 2014 2013 Fam w/ Ch 10 1 3 Fam w/ Ch 4 3 5 Fam w/Ch w/DR 2 1 1 Fam w/o Ch 9 9 10 Fam w/o Ch 49 11 7 Adult 25 58 59 Fam w/o Ch w/DR 1 0 0 Senior 17 22 21 Individual 61 16 20 Young Adult 11 19 21 Individual w/ DR 6 7 4 Youth 6 6 10 Senior 23 15 13 72 117 126 Senior w/ DR 2 1 2 Young Adult 3 0 1 Young Adult w/ DR 1 0 0 158 52 51 Total Member/Season 230 169 177 2015 2014 2013 Golf Fees $ 114,376.46 $ 140,197.59 $ 134,491.67 Packages 99,231.81$ 45,982.30$ 46,290.56$ Cart 30,179.27$ 43,200.07$ 40,003.93$ Golf Lessons 9,197.64$ 3,468.28$ 1,867.57$ **Consessions/Beverage 2,500.00$ 255,485.18$ 232,848.24$ 222,653.73$ All numbers are based on a YTD report as of July 31st of each year EdgeBrook Golf Course Report as of 7/31/2015 Rounds Played Jan-July Memberships Jan-July (carts included) Season Tickets Jan-July (carts not included) Revenues Jan-July 2015 2014 2013 *Rounds Played by Members/Season Ticket Holders were not accurately accounted for in 2014 & 2013 **Based on 15% of net sales per 2015 Edgebrook Contract 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 15-084,Version:1 Action on Resolution 15-084, a Resolution awarding the contract for a new 2015 Articulated 4-Wheel Drive Loader; Brookings Regional Airport AIP # 3-46-0005-27-2015. Summary: This resolution will award bids for a new 2015 Articulated 4-Wheel Drive Loader for the Brookings Regional Airport. Background: The City has advertised for bids for a new 2015 Articulated 4-Wheel Drive Loader for the Brookings Regional Airport. The bid specifications included a trade-in allowance of the existing to replace the 1998 John Deere Loader which is used at the Brookings Regional Airport. The previous loader was purchased with FAA grant funds and was included as a trade-in for a new loader, along with a bid alternate for a 12’ Snow Box/Pusher. The total budget is $250,000 and the new loader and attachment will be purchased with 90% Federal Funds, 5% State Funds, and 5% City match. The bid letting for this project was held on Tuesday, August 4, and the City received the following bids: Base Bid Trade In Alternate Total Bid (snow box) RDO Equipment Co. $187,000.00 $47,500.00 $6,500.00 $146,000.00 Butler Machinery Co. $199,223.00 $45,218.00 $7,654.00 $161,659.00 The City investigated the option of purchasing the loader that will run off natural gas or propane. Although loaders are available with these options, they do not meet the Buy-American Steel Standards, which is required for the grant, therefore, these engine options were not included in the specifications. The City recommends the award be made to RDO Equipment Co for the total low base bid, trade-in and alternate amount of $146,000.00. Fiscal Impact: The City will enter into a contract with RDO Equipment Co for the total low bid of $146,000.00. Recommendation: Recommend awarding the contract to RDO Equipment Co for the total low base bid, trade-in and alternate amount of $146,000.00, contingent upon FAA and SDDOT approval and receipt of the FAA grant offer. Attachments: Resolution City of Brookings Printed on 8/7/2015Page 1 of 1 powered by Legistar™ Resolution 15-084 Resolution Awarding Bids on a New 2015 Articulated 4-Wheel Drive Loader Brookings Regional Airport AIP # 3-46-0005-27-2015 Whereas, the City of Brookings opened bids for a new 2015 Articulated 4-Wheel Drive Loader on Tuesday, August 4,2015 at 1:30 pm at the Brookings City & County Government Center; and Whereas, the City of Brookings has received the following bids for the new 2014 Articulated 4-Wheel Drive Loader: RDO Equipment Co - $146,000.00, Butler Machinery Co - $161,659.00. Now Therefore, Be It Resolved that the tentative award be made to RDO, Inc for the total low base bid, trade in and alternate amount of $146,000.00, contingent upon FAA and SDDOT approval and receipt of the FAA grant offer. Passed and approved this 11th day of August, 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 15-086,Version:1 Action on Resolution 15-086, a Resolution authorizing the City Manager to sign a Grant Agreement for a 2015 Articulated 4-Wheel Drive Loader, Brookings Regional Airport A.I.P. #3-46-0005-27-2015. Summary: This resolution will approve the grant for a 2015 Articulated 4-Wheel Drive Loader and attachment for the Brookings Regional Airport. Background: The City has let bids for a new 2015 Articulated 4-Wheel Drive Loader for the Brookings Regional Airport. The City will receive a grant to purchase the loader and attachment which will be authorized after the FAA reviews the bids. The grant will reimburse the City in the 90%Federal Aviation Administration funds and 5% SD Department of Transportation funds. Fiscal Impact: The City will receive a grant in the amount of $146,000.00. Recommendation: Recommend approval of the resolution. Attachments: Resolution City of Brookings Printed on 8/7/2015Page 1 of 1 powered by Legistar™ Resolution 15-086 A Resolution Authorizing the City Manager to Sign a Grant Agreement for a 2015 Articulated 4-Wheel Drive Loader, Brookings Regional Airport A.I.P. #3-46-0005-27-2015 Whereas, the Brookings City Council desires funding for a 2015 Articulated 4-Wheel Drive Loader and attachment for the Brookings Regional Airport for the Federal Aviation Administration Grant AIP # 3-46-0005-27-2015; and Whereas, the City of Brookings is obligated to and hereby agrees to be reimbursed by the Federal Aviation Administration for 90% and the SD Department of Transportation for 5% of the allowable costs incurred in purchasing the loader and attachment; and Whereas, the Federal Aviation Administration is hereby requested to authorize Airport Improvement Project No. 3-46-0005-27-2015 in accordance with the approved Grant Agreement. Now, Therefore, Be It Resolved, that the City Manager is hereby authorized to sign all documents related to a Grant Agreement for the Federal Aviation Administration Grant AIP Project No. 3-46-0005-27-2015, upon receipt of the grant offer. Passed and approved this 11th day of August, 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 15-087,Version:1 Action on Resolution 15-087, a Resolution authorizing Change Order No. 4 for 2014-02STI, Main Avenue South and 26th Street South Assessment Project; Bowes Construction Inc. Summary: This resolution will approve Change Order No. 4 for an increase of $96,653.89 to the contract for the 2014-02STA, Main Avenue South and 26th Street South Assessment Project. Background: The Main Avenue South and 26th Street South is located in the southwest portion of the community and was designed by Banner Associates and Civil Design Inc. of Brookings. The project includes street construction, underground utilities, sanitary sewer lift station, sidewalk and miscellaneous work. This change order pertains to adjusting quantities for Schedule A from plan quantities to as- constructed quantities for the 26th Street South bid items, and to adjust Schedule B plan quantities to as-constructed quantities. This change order is for a total increase of $96,653.89. The project summary is as follows for the total of Schedule A and Schedule B: Original Contract Price:$3,645,378.46 Increase from Previously Approved Change Orders (1-3): $81,260.26 Contract Price Prior to this Change Order:$3,726,638.72 Increase of this Change Order (No. 4):$96,653.89 Contract Price incorporating this Change Order:$3,820,292.61 This resolution will approve Change Order No. 4 for an increase of $96,653.89 to the contract amount. Fiscal Impact: This change order will increase the contract by $96,653.89. Recommendation: Recommend approval of the change order. Attachments: Resolution City of Brookings Printed on 8/7/2015Page 1 of 1 powered by Legistar™ Resolution 15-087 Resolution Authorizing Change Order No. 4 for 2014-02STI, Main Avenue South and 26th Street South Assessment Project; Bowes Construction Inc. Be It Resolved by the City Council that the following change order be allowed for 2014- 02STI, Main Avenue South and 26th Street South Assessment Project: Construction Change Order Number 4: Schedule A & B: Adjust from plan quantities to as-constructed quantities for a total increase of $93,653.89. The total change order will be an increase of $93,653.89 to the contract. Passed and approved this 11th day of August, 2015. CITY OF BROOKINGS ________________________________ Tim Reed, Mayor ATTEST: _________________________ Shari Thornes, City Clerk City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 2015-0544,Version:1 Public Hearing and action on a temporary liquor application for Jaystreet Pub for a wedding reception at the National Guard Armory on October 10, 2015. Summary: The Jaystreet Pub has applied for a temporary liquor license for a wedding reception to be held at the National Guard Armory, 300 5th St. So., on October 10, 2015. Jaystreet Pub is located in Bruce. Any business in South Dakota with an alcohol license is eligible to apply for a temporary license, including in a different jurisdiction. All temporary alcohol licenses must be approved by the City Council through use of a public hearing. All documents have been filed with the City pertaining to insurance and other licensing requirements. Recommendation: Staff recommends approval. Attachments: Public Notice City of Brookings Printed on 8/7/2015Page 1 of 1 powered by Legistar™ Public Hearing Sale of Alcoholic Beverages NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota, will hold a public hearing at 6:00 p.m., Tuesday, August 11, 2015, in the Brookings City & County Government Center, 520 Third Street, to consider an application for a temporary liquor license to operate within the City of Brookings, South Dakota for Jaystreet Pub to host an event at 300 5th Street South (National Guard Armory) on October 10, 2015. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated at Brookings, South Dakota, this 28th day of July, 2015. Shari Thornes, City Clerk Published time(s) at an approximate cost: $. City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ORD 15-013,Version:2 Public Hearing and action on Ordinance 15-013, an Ordinance for Residency Requirements for Board of Adjustment members. 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 8/7/2015Page 1 of 1 powered by Legistar™ 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: August 11, 2015 Published:August 14, 2015 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:2 Public Hearing and action on Ordinance 15-014, an Ordinance establishing additional requirements for posting rezoning and conditional use signs. 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 8/7/2015Page 1 of 1 powered by Legistar™ 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: August 11, 2015 Published:August 14, 2015 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:2 Public Hearing and action 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. 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 8/7/2015Page 1 of 1 powered by Legistar™ Ordinance 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: August 11, 2015 Published:August 14, 2015 CITY OF BROOKINGS, SD ________________________ Tim Reed, Mayor ATTEST: _________________________ Shari Thornes, City Clerk C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@BC05C6D7\@BCL@BC05C6D7.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 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:2 Public Hearing and action on Ordinance 15-016, an Ordinance for a Conditional Use Permit on Lot 4, Block 1, Gilkerson Second Addition; 300 32nd Ave. 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 applicant’s 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 8/7/2015Page 1 of 1 powered by Legistar™ Ordinance 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: August 11, 2015 Published:August 14, 2015 CITY OF BROOKINGS __________________________ Tim Reed, Mayor ATTEST: ________________________________ Shari Thornes, City Clerk C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@EC05EC4B\@BCL@EC05EC4B.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 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 #:ID 2015-0546,Version:1 Action on a Legal Services Agreement between the City of Brookings and Steven J. Britzman, Attorney at Law for a three-year contract (01/01/2016 - 12/31/2018). Summary: Attached is a contract for City Attorney services for the City of Brookings with Mr. Steve Britzman. The term is for three years. This draft contract provides for annual incremental adjustments of four percent (4%). Recommendation: Staff recommends approval. Attachments: Contract Memo from Steven J. Britzman City of Brookings Printed on 8/7/2015Page 1 of 1 powered by Legistar™ Legal Services Agreement _______________ THE CITY OF BROOKINGS AND STEVEN J. BRITZMAN, ATTORNEY AT LAW agree that the City of Brookings has appointed Steven J. Britzman to serve as City Attorney for a three (3) year period, commencing January 1, 2016 and ending December 31, 2018, and the City of Brookings and Steven J. Britzman desire to set forth the terms of their Agreement concerning the provision of legal services by Steven J. Britzman as City Attorney as follows: 1. Performance of Legal Services Steven J. Britzman will perform all legal services as provided in the "Scope of Services for City Attorney for City of Brookings" (the "Scope of Services"). A copy of the Scope of Services for City Attorney is attached hereto. Steven J. Britzman will perform all legal services which shall include representing the City in Magistrate Court in the enforcement of City Ordinances. 2. Insurance Coverage Steven J. Britzman will maintain Attorneys Professional Liability coverage in the amount of One (1) million dollars ($1,000,000) per claim and One (1) million dollars ($1,000,000) aggregate during the term of this agreement. Steven J. Britzman will be responsible to pay any deductible amount under the foregoing coverage. 3. Conflicts of Interest The parties to this Agreement understand that actual or perceived conflicts of interest are defined in great detail in the Rules of Professional Responsibility which govern attorneys and which are a part of the statutes of South Dakota. Accordingly, Steven J. Britzman will follow the Rules of Professional Responsibility, immediately disclose to the City Council and City Manager any conflict or the appearance of a potential conflict, and resolve the issue to the satisfaction of the City of Brookings and the client. 4. Compensation for Legal Services Steven J. Britzman agrees to provide all of the legal services provided in the Scope of Services, for a monthly sum from January 1, 2016 through December 31, 2016 of Seven Thousand One Hundred Twenty-five and 34/100 ($7,125.34) Dollars, payable on the last day of the month. For the year beginning January 1, 2017 through December 31, 2017, Steven J. Britzman shall be paid a monthly sum of Seven Thousand Four Hundred Ten and 35/100 ($7,410.35) Dollars, payable on the last day of the month. For the year beginning January 1, 2018 through December 31, 2018, Steven J. Britzman shall be paid a monthly sum of Seven Thousand Seven Hundred Six and 76/100 ($7,706.76) Dollars, payable on the last day of the month. 2 The hourly rate for other legal services, including those set forth in Item 15 of the Scope of Services is $175.00 during the term of this Agreement. The legal services provided by Steven J. Britzman will be performed as an independent contractor and Steven J. Britzman shall therefore pay all payroll and business expenses incurred in providing legal services to the City. 5. Expense Reimbursements, Meetings and Conferences In addition to the compensation for legal services during each year of this Agreement, the City will provide Three Thousand Dollars ($3,500.00) per year for membership in the International Municipal Attorneys Association (IMLA) (currently $625.00 per year) and for Conference registration, travel and lodging for the Annual Meeting of the International Municipal Lawyers Association which includes approximately nineteen hours of continuing legal education. The City Attorney will also be reimbursed for out-of-pocket expenses when required to travel outside the City of Brookings to other meetings or to perform legal services, provided such travel is approved by the City Manager in advance of travel. 6. Legal Services not within the Scope of Services Steven J. Britzman shall first obtain approval of the City to perform any legal services excluded from the Scope of Services, however Steven J. Britzman and the City agree that it is appropriate for the City Attorney to be responsive to residents of the city, the media, other municipal attorneys, the municipal league and other public officials where communication or an appropriate measure of assistance is in the best interest of the City. Dated this ____day of July, 2015. STEVEN J. BRITZMAN, ATTORNEY AT LAW Steven J. Britzman Dated this ____day of July, 2015. CITY OF BROOKINGS, SOUTH DAKOTA Tim Reed, Mayor ATTEST: _______________________________ Shari Thornes, City Clerk 3 SCOPE OF SERVICES FOR CITY ATTORNEY FOR CITY OF BROOKINGS THE CITY ATTORNEY SHALL PERFORM THE FOLLOWING SERVICES: 1. The City Attorney will attend all City Council meetings as the legal advisor for the Brookings City Council, unless the absence is due to vacation or illness or the subject matter does not require the assistance of counsel. 2. Provide all necessary legal consultation services, including oral and written opinions and research as requested by the Brookings City Council and the City Manager. 3. Provide legal assistance to the City’s Boards and Commissions, except the Utility Board and Hospital Board, as requested by the City Manager and City Council. 4. Provide legal representation to the City in litigation initiated against the City and by the City in circumstances where the City is not represented by legal counsel assigned by its insurance company. Legal representation in litigation must be authorized in each instance by the City Council and compensation will be in addition to the monthly compensation as provided in Section 15. 5. Assist in the preparation and review of all contract agreements, resolutions, ordinances and other legal documents considered, adopted or endorsed by the City. 6. To maintain a working knowledge of Municipal Law on both the State and Federal level. 7. Provide legal representation for the City before administrative bodies upon special request by the City Council. 8. As requested, review all claims made against the City. 9. Confer with colleagues who specialize in areas of law to establish and verify 4 a basis for legal proceedings; serve as a liaison between outside legal counsel and City Officials on specialized legal issues. 10. Prepare a monthly written report of legal services performed which includes a description of the service and the time required to perform the service. 11. Assist the City Clerk and the private sector firm in Ordinance Codification. 12. The City Attorney will be an advisor to the labor negotiating staff and will review labor contracts as required or requested. 13. Maintain professional awareness of current literature and changes in law and attend continuing legal education to ensure the most efficient, cost- effective, and accurate operation of the City Attorney’s Office. 14. Review proposed state legislation affecting the City and prepare or supervise the preparation of state legislation relating to municipal and city government matters as directed by the City Council. Consult with City Council, the City Manager and department heads in regard to such legislation and testify before legislative boards as requested. 15. The City Attorney’s basic fee does not include the following services: a. Litigation b. Recodification of substantially all of the City Ordinances. All services with the exception of litigation and recodification of the City Ordinances will be compensated pursuant to the City Attorney’s basic fee. Fees for services in a. and b. above will be as negotiated and agreed upon by the parties. Steven J. BritzmanBrookings City Attorney521 Sixth Street, Suite 104 Telephone (605) 697-9058Brookings, South Dakota 57006 Facsimile (605) 697-9060MemorandumTo: Mayor Tim Reed, Council Members, Jeff Weldon, City Manager and Shari Thornes,City ClerkFrom: Steven J. Britzman, City AttorneyDate: July 24, 2015Re: City Attorney Legal Services AgreementI have prepared a proposed 3 year Agreement for the City Attorney position, for theperiod January 1, 2016 through December 31, 2018. The proposed Contract includescompensation for each year reflecting a 4 percent increase each year.I have also enclosed a Summary of the hours of legal services I have performed forthe City of Brookings over the past 3.5 years for reference. I have enjoyed serving theCity of Brookings and look forward to continuing to serve as the City Attorney. Brookings City AttorneySummary of Hours of Legal Services Performed 1/1/12-6/30/152012Date1/31/20122/28/20123/31/20124/30/20125/31/20126/30/20127/31/20128/31/20129/30/201210/31/201211/30/201212/31/2012Hours of LegalServices Performed72.8530.9443.7544.6645.3333.3334.4244.3835.2441.2552.8334.332013Date1/31/20132/28/20133/31/20134/30/20135/31/20136/30/20137/31/20138/31/20139/30/201310/31/201311/30/201312/31/2013Hours of LegalServices Performed45.6840.8324.1744.6753.1635.5031.1746.4341.9570.0850.9976.6720141/31/20142/28/20143/31/20144/30/20145/31/20146/30/20147/31/20148/31/20149/30/201410/31/201411/30/201412/31/201441.4926.0265.9938.6734.1730.8728.0838.2951.3368.3728.9224.2420151/31/20152/29/20153/31/20154/30/20155/31/20156/30/201550.4643.3426.1068.8467.50114.00Total Hours Performed1,921.29Average Hrs. Per Month: 1,921.29 hrs. divided by 42 months = 45.75 hours per month45.75 Average hours per monthx $175.00 current hourly rate1$8,006.25 monthly compensation based on actual hrs.$6.851.29 current monthly compensation$1,154.96 difference between actual hourly rate and amount received/this is acceptable and isprovided only as a benchmark.1 Hourly rate includes all office operating expenses, including office facilities, staff, professional insurance, etc. 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 15-046,Version:1 Action on Resolution 15-046, a Resolution authorizing the City Manager to sign a Wetland Permanent Easement between the South Dakota Department of Transportation and the City of Brookings. Summary: This resolution will authorize the City Manager to sign a Wetland Permanent Easement and related documents between the South Dakota Department of Transportation and the City of Brookings. Background: The South Dakota Department of Transportation (SDDOT) will be constructing Project Number IM 0295(35) 127 PCN 022C, which is a segment of I-29 reconstruction in Brookings and Deuel counties. The construction project will impact approximately 0.17 acres of existing jurisdictional wetlands, which will require the mitigation of 0.25 acres of created or enhanced wetlands for wetland mitigation purposes. The City negotiated an agreement with the SDDOT to allow the construction of the wetland mitigation on the City’s wetland parcel located on 32nd Street South, east of Main Avenue. The SDDOT will pay for the design and construction of the wetland, obtain the proper permits, and perform the monitoring of the wetland. The SDDOT will also reimburse the sum of $5,175.00 to the City for the Wetland Permanent Easement, which will be approximately 2.07 acres in size. The draft of the Wetland Permanent Easement and a map of the area are attached. This resolution will authorize the City Manager to sign the Wetland Permanent Easement, Offer and Statement of Compensation, Plat, and other related documents. Fiscal Impact: The City will receive $5,175.00 of revenue for the easement. Recommendation: Recommend approval of the resolution. Attachments: Resolution Wetland Permanent Easement Map City of Brookings Printed on 8/7/2015Page 1 of 1 powered by Legistar™ Resolution 15-046 A Resolution authorizing the City Manager to sign a Wetland Permanent Easement between the South Dakota Department of Transportation and the City of Brookings, South Dakota Whereas, the South Dakota Department of Transportation will permanently impact approximately 0.168 acres of existing jurisdictional wetlands in connection with Project Number IM 0295(35)127 PCN 022C which will require approximately 0.252 acres of created or enhanced wetlands for wetland mitigation purposes; and Whereas, the City of Brookings is agreeable to allowing the construction of wetlands for Project Number IM 0295(35)127 PCN 022C on the parcel of land owned by the City of Brookings which is located in the North ½ of the Northeast ¼ of Section 11-T109-R50 West of the P.M.; and Whereas, the State of South Dakota will construct and monitor the wetlands on the City parcel associated with Project Number IM 0295(35)127 PCN 022C and will reimburse the City in the sum of $5,175.00 for the Wetland Permanent Easement. Now, Therefore, Be It Resolved that the City Manager of the City of Brookings is authorized to sign the Wetland Permanent Easement, Plat, and Offer and Statement of Compensation and other related documents for the wetland, between the South Dakota Department of Transportation and the City of Brookings, South Dakota. Dated this 11th day of August, 2015. CITY OF BROOKINGS _________________________ Tim Reed, Mayor ATTEST: ____________________________ Shari Thornes, City Clerk DOTRW-78 (10-13) WETLAND PERMANENT EASEMENT Project No. IM 0295(35)127 PCN No. 022C Parcel No. County Brookings City of Brookings; PO Box 270; Brookings, SD 57006-0270 referred to in this Easement as the “Grantor,” whether one or more, for and in consideration of the sum of Five Thousand One Hundred Seventy Five dollars ($5,175.00) and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, grants the State of South Dakota, acting by and through its Department of Transportation, referred to in this Easement as the “DOT,” the permanent right to install, repair, maintain, and alter land as a wetland area, referred to in this Easement as the “Property,” described as: Lot PE1 in the N1/2 of the NE1/4 of Section 11 – Township 109 North – Range 50 West of the 5 th P.M., Brookings County, South Dakota. Said Lot PE1 contains 2.07 acres (89992 sq. ft.), more or less. The Grantor will allow the DOT the right of ingress and egress to and from the Property, across other property owned by the Grantor, for the purpose of inspecting, monitoring, and maintaining the Property pursuant to the terms and conditions of Exhibit A, attached to and made part of this Easement. The Grantor will cooperate in the maintenance of the Property in the following manner: 1. The Grantor will not drain, or permit draining through the transfer of appurtenant water rights or otherwise, any surface water including, but not limited to, lakes, ponds, marshes, sloughs, swales, swamps, or potholes; 2. The Grantor will allow no building of roads or paths for vehicular or pedestrian travel or any change in the topography of the Property; 3. The Grantor will not modify the hydrology of the Property in any way or by any means including, but not limited to pumping, ditching, tiling, filling, excavating, dredging, mining, drilling, or removing topsoil, loam, peat, sand, gravel, rock, minerals, or other materials; 4. The Grantor will allow no construction or placement of structures on the Property; DOTRW-78.2 (10-13) 5. The Grantor will allow no removal, destruction, or cutting of trees or plants; spraying with biocides, insecticides, or pesticides; grazing of animals, farming, tilling of soil, or any other agricultural activity on the Property; and, 6. The Grantor will allow no operation of all-terrain vehicles or any other type of motorized vehicle on the Property. The GRANTOR has been advised of the right to an appraisal of GRANTOR'S property and hereby waives any right to such appraisal. The parties agree the total payment for all property interests acquired by the STATE, including land conveyed, temporary easements, damages, improvements, and interest, is Five Thousand One Hundred Seventy Five dollars ($ 5,175.00 ). This Easement will run with the land and will be binding upon the Grantor’s successors and assigns. The terms and conditions of this Easement will be both implicitly and explicitly included in any transfer, conveyance, or encumbrance of the Property. Any instrument of transfer, conveyance, or encumbrance affecting all or part of the Property will set out the terms and conditions of this Easement either by reference to this document or set forth in full text. The Grantor acknowledges receipt of an identical copy of this Easement. GRANTOR: City of Brookings_________ _______________ By: Its: Date: __________________________________ Attested To:____________________________ By: Its: Date: __________________________________ (Corporate Seal) ACKNOWLEDGMENT FOLLOWS DOTRW-78.3 (10-13) CORPORATE ACKNOWLEDGMENT STATE OF ) )SS COUNTY OF ) On this the day of , 20 , before me , a notary public, personally appeared , who acknowledged himself/herself to be the , of , a corporation, and that he/she, as such officer, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by himself/herself as such officer. In witness whereof I hereunto set my hand and official seal. [Notary Seal]Notary Public My commission expires: The above and foregoing Easement is approved on , 20 . By: Right of Way Authorized Representative PLAT OF LOT PE1 Legend = Found corner State of South Dakota County of Filed for record the DeputybyRegister of Deeds therein. day of on Page M., and recorded in Books of Plats ,at ,A.D., 20 N Scale 1" = 300’ I, In witness whereof, I have set my hand and seal this Registered Land Surveyor 7718 Registration No. A.D., 20 . ss SURVEYOR’S CERTIFICATE OFFICE OF REGISTER OF DEEDS (605) 626-7901 Aberdeen, SD 57402 SDDOT, PO Box 1767 Prepared by: Boyd Poppen day of NOT FOR RECORDING BOYD POPPEN , Registered Land Surveyor, in and for the State of South Dakota, do hereby certify that as ordered by the South Dakota Department of Transportation the parcel(s) of land as shown on this plat has/have been surveyed at my direction and under my control, and such parcel(s) of land shall be hereafter known by the lot number(s) designated herein. The location and dimensions of the parcel(s) are shown on this plat. IM0295 (35) 127 022C Note 2: For construction of Project Section LineSection Line 1/16th Line 11-109-50 N1/4 Cor. 11-109-50 NE Cor. LOT PE1 Lot 3 L1 L3 L2L4264’33’ 33’33’33’303’ more or less. 89992 sq. ft. Containing 2.07 ac. Lot PE1 Outlot M Outlot AVerhoek AdditionBlock 1Lot 2 11-109-50 N1/4 Cor.Christie AdditionNorth Zone NAD 83 (2011) SF = .99995932 South Dakota State Plane Coordinate System. areas shown on this plat are based on the Note 1: The coordinates, distances and 1/4 LineL4 N0140’30"W 299.99 L3 S8819’30"W 299.99 L2 S0140’30"E 299.99 L1 N8819’30"E 299.99 ----------------------------------------- Line No. Bearing/Radius Feet Brookings County, South Dakota. of Section 11 - Township 109 North - Range 50 West of the 5th P.M., Showing a permanent easement to be acquired for wetlands in the N1/2 of the NE1/4 Lot 4 Lot 5 Outlot C 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 2015-0551,Version:1 Action on a revised Preliminary Plat, Christie Springs Addition, NW ¼ of Section 2-T109N-R50W. Proposal: Modify the design of a mixed-use subdivision. Background:The Christie Springs preliminary plat was approved in March 2015. This plan has a combination of 38 R-1C lots and 69 R-3 lots designed primarily for single-family dwellings. There are 5.4 acres of commercial land next to Main Avenue South. The current plan provides two accesses to Main Avenue South, the continuation of Blue Bell Drive from the west (in a roundabout way), and a connection to a future subdivision to the south. The layout resulted in 26% of the gross land area being set aside for streets and stormwater facilities. Specifics: A review of the proposed revisions is as follows: The block and lot design meets the subdivision standards. Most of the perimeter lots are retained in the R-1C District and the interior lots in the R-3 District have been designed with a wider range of lot areas. The design indicates a combination of single-family and twinhome/duplex uses will likely be developed. The total number of residential lots has been reduced by 19 from the March plan. The revised plan has 31 R-1C lots and 57 R-3 lots. The modified street layout results in only one intersection with Main Avenue South but retains the south connection in the same location. Blue Bell Drive has been redesigned within the subdivision to provide a more direct link between Moriarty Heights and Main Avenue South. The Blue Bell/Main Avenue South intersection will also provide a primary entrance into the future Prairie Hills commercial center. Dorothy Circle is a long cul-de-sac but still meets the subdivision standards. The Business B-2 District has been increased to 8.2 acres. The expansion is primarily in the south end where stormwater drainage facilities will co-exist with retail uses. The linear commercial area in the northeast corner, next to Main Avenue South, remains the same. Recommendation: The Planning Commission voted 5 yes and 0 no to recommend approval of the revised preliminary plat. Attachments: Public Notice Preliminary Minutes and Summary Plat Drawings City of Brookings Printed on 8/7/2015Page 1 of 1 powered by Legistar™ C:\Users\GRANIC~1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@4C0514C9\@BCL@4C0514C9.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. NOTICE OF HEARING ON A REVISED PRELIMINARY PLAT NOTICE IS HEREBY GIVEN That Oakwood Equity Group, LLC and Darell Olson have submitted a revised preliminary plat of the following described real estate situated in the City of Brookings in Brookings County, South Dakota, to wit: Christie Springs Addition in the NW ¼ of Section 2-T109N-R50W 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. ____________________________ Dan Hanson Planning & Zoning Administrator OFFICIAL MINUTES Oakwood Equity Group, LLC and Darell Olson have submitted a revised preliminary plat of the Christie Springs Addition in the NW ¼ of Section 2-T109N-R50W. (Pierce/Heuton) Motion to approve the preliminary plat as presented contingent upon an approved preliminary drainage plan. All present voted aye. MOTION CARRIED. OFFICIAL SUMMARY Hanson stated that the current preliminary plat was approved in March 2015. There were 38 R-1C lots and 69 R-3 lots. The commercial portion included about 5 ½ acres. The plan had two access drives onto Main Avenue South. The revised plan reduced the number of residential lots, modified the street layout, eliminated one access drive to Main Avenue South and increased the area for commercial development. The proposed mix included 31 R-1C lots and 57 R-3 lots. The street layout provided a more direct link between Moriarty Heights Addition and Main Avenue South. The street layout in the southeast corner was changed to accommodate a larger business district. The blocks, lots, and streets conformed to the subdivision standards. Liz McMillan, 2101 Morning Glory Drive, was concerned that the new plan provided less open space. Verna Longville, 2119 Morning Glory Drive, felt the northwest corner cul- de-sac was too long and a connecting street should be reconsidered like the one on the March plan. John Egge, 2105 Morning Glory Drive, felt that motorists who were unfamiliar with the long cul-de-sac would think it was a through street. Fargen remarked that it would likely only happen once for a motorist and eventually not be a problem. Pierce asked if eliminating an access to Main Avenue could be an issue. Hanson responded that limiting access to Main Avenue South would be encouraged since it was a major arterial street. 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 2015-0545,Version:1 Discussion and Possible Action on 6th Street Median Concept between Main Avenue and Medary Avenue. Summary: Informational report on a median concept associated with the reconstruction of 6 th Street between Main Avenue and Medary Avenue scheduled for 2019. Background: The South Dakota Department of Transportation is proposing to reconstruct 6 th Street between Main Avenue and Medary Avenue in 2019. SDDOT has two primary concerns in which the project is to address: improve the pavement condition, and improve the safety of the roadway by reducing conflict points. SDDOT provided the City of Brookings lane configuration layouts to review. The Brookings Transportation Steering Committee reviewed the SDDOT proposals and recommended concurrence with the SDDOT preferred proposal for a 5-lane design with 11' width outside lane, with adjustments to move sidewalks closer to ROW line, incorporated historic street lighting, alternative sidewalk design, preserving as much boulevard width and as many trees as possible, incorporate reforestation plan, moving storm sewer system and to consider 25 MPH speed limit (12-1-14). The City Council rejected the recommendation of the Transportation Steering Committee on December 9, 2014. Fiscal Impact: It is anticipated there will be fiscal impacts to the City of Brookings associated with items such as historic lighting and landscaping, however, estimates are not available at this time as preliminary design of the concept has not proceeded. Attachments: Memo 6th Street Median Concept City of Brookings Printed on 8/7/2015Page 1 of 1 powered by Legistar™ MEMO To: City Manager Jeff Weldon From: Mike Struck & Jackie Lanning Re: 6th Street Corridor: 6th Avenue to 9th Avenue This memo is intended to serve as discussion points as consideration is given to the reconstruction of 6th Street from Main Avenue to Medary Avenue. The South Dakota Department of Transportation is proposing to widen this segment of 6th Street to accommodate a center turn lane to improve safety associated with left turning movements. The reconstruction project is currently scheduled for construction in 2019. Another option that may warrant further consideration and study is incorporating a center median from 6th Avenue to 9th Avenue, while eliminating the left turn movements along this three block stretch of 6 th Street. The following information is intended for discussion purposes while the City Council, staff, and public vet the center median concept. The median concept would incorporate a landscaped center median extending eastward from approximately 6th Avenue to 9th Avenue. A landscaped median would provide an aesthetic feature along the 6th Street corridor as traffic nears downtown. Decorative street lights with double mass arms could be installed in the median. Subject to SDDOT approval, median tree plants and flowering plants could be added. A sprinkler system would be required to maintain any vegetation in such an area as the pavement heat would be difficult to maintain plant growth in this area. Staff recommends if such a concept is approved, the minimum width of such median be 11 feet from the back of curb to back of curb. Splashguards of 18 inches would be the recommended minimum, which would allow for an 8 foot wide area for landscaped vegetation. In comparison, a typical street boulevard from back of curb to edge of sidewalk is 9 ½ feet. South Dakota State University installed a landscaped median on north Medary Avenue and the median ranges in width from 13 feet on the north to 7 ½ feet on the south end. Adding a median along a portion of 6th Street would not necessarily reduce the width of the right-of- way. DOT lane width standards allow for 11’ lanes with the outside lanes typically at 14 feet wide. As previously mentioned, the recommended minimum median width of 11 feet would be equivalent to a center turn lane. A center median design would run continuously along 6th Street, thus eliminating left turn options. Eliminating the left turn options addresses some of the safety concerns of the SDDOT associated with traffic accidents related to left turn movements. Design consideration will need to address the location of transitions from the median back to full access at intersections. Pedestrian islands are recommended at the existing intersections, whereby the median would serve as a safety zone for pedestrians crossing 6th Street. Pedestrians would be able to cross half of 6 th Street and safely wait in the designated median locations for clearance to continue crossing. The intersection of 6th Street and 7th Avenue would need a traffic signal analysis, especially related to the safety of pedestrians that cross at that intersection. A review of driveway access along 6th Street between 6th Avenue and 9th Avenue revealed seven properties with direct driveway access onto 6 th Street, while two businesses are provided access directly from an alley access off of 6th Street. Another business has two approaches onto 6th Street. Twenty- eight properties are located between 6th and 9th Avenue. There is one property which is only accessible from 6th Street. A solid median eliminates the ability for left turn movements. The traffic impact associated with eliminating the left turn movements has not been analyzed. Assumptions are being made that traffic will increase on the east/west streets one block north and south of 6 th Street primarily associated with property owners who live along 6th Street as well as those within a block of 6th Street. In regards to the north/south streets, it is assumed traffic will increase on Medary Avenue and 5th Avenue as those would be the north/south streets allowing left turn movements and may be utilized to gain access to properties between 6th Avenue and 9th Avenue. Other items that should be discussed and impact determined through the conceptual process include, but are not limited to: parade routes, property owner opposition, snow removal, street maintenance, landscaping maintenance, additional costs associated with maintenance as well as upfront costs of installation, utility locations/maintenance, irrigation system, electrical and lighting systems. 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 2015-0535,Version:1 Budget Workshop Session #5 Summary: This is the last scheduled city council session on budgetary review prior to the first reading of the budget adoption ordinance. The City Council has previously held four budget review sessions. The attachments are the same as for budget session #4. Fiscal Impact: Provides for the 2016 operating and capital budgets for the City of Brookings Attachments: City Manager’s Budget Message 2016 Proposed Budget Summary 2016 Detailed Budget Proposed - 7.15.2015 Estimated Cash Balance 12/31/2015, General Fund Estimated Cash Balances 2013-2016, All Funds 5-Year Capital Improvement Plan Debt Service Amortization Schedule 75% Second Penny Cash Projection Worksheet G&E Policy - Subsidy Guidelines City of Brookings Printed on 8/7/2015Page 1 of 1 powered by Legistar™ Jeffrey W. Weldon City Manager July 21, 2015 Mayor, City Council Members, and Citizens of Brookings City of Brookings 520 Third Street Brookings, SD 57006 RE: 2016 Budget Message Dear Mayor Reed and Members of the City Council: Attached herewith are the proposed operating and capital budgets for 2016. This recommended budget provides for the revenues and expenditures of all city operations except Brookings Health System and Brookings Municipal Utilities. City budgets are constructed and implemented in accordance with standard governmental auditing and accounting practices. In addition, they are designed to encourage and promote transparency in public finance. As such, they are divided into various funds so the city financial operations are comprised of several budgets as opposed to one, comprehensive budget. Our cash is “pooled” meaning that while the accounting is separate, the cash is, with few exceptions, in one account. The major exception to this is for invested funds. This “pooling” assists us with cash flow and fund management. Budgets have long been considered the most significant public policy document a governing body can have. A budget embodies the old adage “Put your money where your mouth is!” Budgets need to provide the financial resources for the policies and service levels the governing body values. It needs to support interests, goals, aspirations, mission, and vision of a community. As such, it needs to be properly aligned with long-range strategic plans. In addition, budgets should provide for the financing and planning of bold, new initiatives designed to move the needle, however incremental that may be, toward continuous improvement. It should also continue to finance the basic services our consumers use daily and believe fundamental to a functional and safe community. Financial restraint and prudent investments of resources are core values in budget development. A delicate and sometimes competing balancing task between these various axioms, an effective budget needs to do both. I believe this budget does that. With that, let’s look at some specifics. Page 2. Budget Message Budget Process Staff began the budget process in late April with updating the capital improvement plan followed by preparing the departmental operating budgets. It will culminate with final approval by the City Council in September. Our budgets utilize the line-item budgetary format. Personnel expenses are the summation of employee wages, salaries, benefits, and other employee-related costs. Increases in personnel costs are the result of employee wage/salary advancement through our personnel plan for eligible employees, as well as employee investments in accordance with union collective bargaining contracts. I instructed department heads to flat-line operating expenses for the third year in a row to last year’s levels unless they could demonstrate specific line-item expenditures that needed to deviate from the past amount. In addition, I encouraged them to strive for accuracy in estimating where past amounts provided less-than-accurate budget estimates and such flat-lining would only perpetuate budgetary inaccuracy. Capital expenses do not rely on past history, nor should they, and are reflective of annual capital projects and changing needs and priorities. As such, comparing previous capital expenditures to current year is a futile exercise due to the nature of thisexpense. As always, budgetary restraint, innovation, lean practices, prudent and realistic estimating, maintaining desired service levels, efficiency, and effectiveness are all values and approaches that are interwoven in the fabric of each budget. Fund Structure The primary fund that comprises the majority of city operations is the General Fund. The General Fund finances most of the daily operations and functions of city government and thus, includes most city departments. Revenue supporting the General Fund is chiefly the first penny sales tax, property taxes, fees and service charges, permits and licenses. It often includes intergovernmental transfers. The General Fund operations are confined to one budget year, meaning the current year revenue is designed to finance the current year expenses. Fortunately, the growth of Brookings is providing additional revenue to finance the costs of such growth. The property tax rate freeze limits this revenue stream to inflation and an expansion of the tax base. Our assessed valuation is now $1,123,648,038; an increase of $52,891,255 (2.18%) in one year. This increase is due to a combination of new property ($23,329,633) and re-appraisal ($29,561,622). This growth “expands the pie” with new taxable development without increasing the tax liability on each parcel. Likewise, sales tax is growing moderately and the new budget projects an increase in Sales Tax Revenue of three percent (3%) even though our actual increase is closer to five percent (5%). Still, the cost of government will only increase with an expansion of services and inflation so expanding the revenue opportunities is significant. For the General Fund, our personnel costs are 2.71 percent for 2016 over 2015 for base salaries, benefits, and eligible employees moving through the pay plan. It does not include the cost-of-living adjustment (COLA) that is still subject to negotiations. While most General Fund expenditures were flat- lined for 2016, the numbers show an actual 8.06 percent increase, which is chiefly driven by only a few items. First, is the contingency which is artificially high due to the COLA allocation, which will be re- distributed to personnel after union contract negotiations are completed. Other increases are Page 3. Budget Message attributed to an increase in strategic planning costs for a mid-year event; increases in elections caused by the State of South Dakota; and increases in the street department caused by increased costs of streetlights to BMU and curb/gutter maintenance costs to keep from getting behind. The cash balance (unencumbered reserves) in the General Fund estimated for year-end 2015, excluding allocations restricted by City Council, is $4,738,993. This estimate is what we will begin the year with, unless there are unforeseen expenditures that occur during the balance of this year. Generally, excess cash in the General Fund is not carried over to the following year’s General Fund Budget unless a specific expenditure is not expended in that year and needs to be carried over into the next year for its completion. I authorize such an exception only for specific expenditures which can occur at year-end for a carry-over. Historically, we have always under-spent the General Fund thanks to conservative budget estimating and prudent spending. Under-spent funds are used to build the General Fund Reserve and are no longer a part of the operations. Other funds, however, do carry-over under- spent cash into the next budget year such as our Capital Funds and Special Revenue Funds. This General Fund Reserve is quite healthy. The General Fund is also used for cash flow and can vary considerably from month to month. According to the 2014 Annual Financial Report, Brookings has 55 percent unrestricted fund balance as a percentage of annual expenditures in the General Fund. This compares to only 31 percent for our peer-cities. However, this percentage was high due to funds available for the Street Dept. Maintenance Facility Project because of the 2014 Capital Bond. Public Enterprise Funds are various funds and departments designed to operate similar to private business models and financed by their own revenue. Many such funds provide revenue transfers to the General Fund to help off-set operating costs. Such operations include the Liquor Store, Solid Waste Collection, Solid Waste Landfill, EdgeBrook Golf Course, Brookings Regional Airport, and the Research and Technology Center. Of course, the airport is not self-sustaining and never intended to be, but because of federal accounting and the significant federal grant revenue for the airport, it is designed as a Public Enterprise Fund. Many general aviation airports are constituted as Special Revenue Funds as opposed to Public Enterprise Operations. The self-sustainability of the golf course is dependent upon weather and the Research and Technology Center is dependent upon rental income revenue. Governments typically utilize transfers from Public Enterprise Funds to the General Fund to help diversify its revenue stream and lessen the General Fund dependence on taxes. Transfers also represent a taxpayers’ return on investment and is an intrinsic part of the value of a municipality in having a Public Enterprise Operation. Such transfers can be compared to a shareholders dividend payment for an investment. Transfers can also be considered compensation to the General Fund as a ‘management fee’ for services of personnel, accounting, auditing, legal, administration, and oversight. This budget provides for the following transfers into the General Fund and a contingency to the Golf Fund: Brookings Municipal Utilities $2,205,000 Brookings Liquor Store $ 200,000 Brookings Liquor Store $ 75,000 (To Golf Fundonly if needed.) Research and Technology Center $ 105,000 Solid Waste Landfill $ 575,000 Page 4. Budget Message Special Revenue Funds are funds with a dedicated revenue stream and a corresponding expenditure that is financially tied to the revenue. Examples of this are the Storm Drainage Fund which generates revenue from a Special Storm Drainage Utility Fee to finance storm drainage capital projects and their associated maintenance costs. The Swiftel Event Center, as a partially-privatized city service under a management contract, generates most of its revenue from its own operations like a Public Enterprise Operation, but requires a proportionately smaller amount of city funding to balance its budget. The 3B Fund is similar since it is a sales tax on a specific base to finance specific expenditures related to the tax base. Likewise, the Special Assessment Fund, the E-911 Emergency Communications Fund, and the Business Improvement District (BID) Fund provides for specialized accounting and fund segregation. Budget Structure The departmental budgets on the pages that follow are constructed in the following manner: They are divided into four summation categories: (1) departmental revenue generated, (2) personnel expenses, (3) operating expenses, and (4) capital expenses. A fifth line will list Cost of Goods Sold for applicable budgets. Also included is prior year history so you can see the changes in these categories over the past few years. The final budget document will have line-item detail of each of these summation categories. The various revenue budgets itemize sources of revenue that are expended on various funds. The Non- Departmental Revenue Budget itemizes revenue sources and amounts that primarily finance the General Fund across most city departments. As stated, major sources of revenue include the first penny sales tax, property taxes, intergovernmental transfers, and some licenses and permits. In general, revenue generated that is not specific to a department is listed in this budget. Conversely, the Second Penny Sales Tax is, in accordance with City Council policy, divided into two funds to finance primarily capital projects. Seventy-five percent of the Second Penny Revenue comprises the Public Improvement Fund and finances capitalized projects across several budgets. The remaining 25 percent of Second Penny Revenue finances capital projects related to public safety and street maintenance. In addition to cash projects, it is important to remember that these two funds often finance debt service for any debt- related to financing long-term capital projects. The General Fund is balanced at $23,254,170 in revenues and $23,253,663 in expenditures. Most revenue is derived from property tax ($3,009,430), first penny sales tax ($6,180,000), and inter- departmental transfers ($4,833,929). Revenue is accounted for as being non-departmental or derived from each department. The budget detail illustrated both locations for revenue. It also contains a General Fund Contingency in the event of emergencies. Personnel Investment The various budgets provide for a total full-time workforce of 134 employees. This is an increase of two positions over 2015. The increases are one police officer to replace the additional existing officer who will be moving to fill the second School Resource Officer position for the Brookings School District. This position will be financed 75 percent by the School District. As a result, it will be an addition of a full-time employee in the Police Department but will have a budget impact to the City of only 25 percent of personnel costs. This is reflected in the Police Department Budget. The second position is an additional full-time position in the City Manager’s office. The specifics of this position have not yet been crafted, but it is in anticipation of increased workload resulting from new Page 5. Budget Message strategic initiatives to help support our long-range vision. Many such initiatives are not yet clearly defined at this time. I will need to make sure the duties of such a position adequately reflect the scope and nature of these additional responsibilities. It is for this reason the position has not yet been fully detailed. Still, I want to insure a budgetary place-holder for such a position when such anticipated responsibilities come into better focus. Mine is the only department that does not have allocated support staff; and with anticipated changes at the policy-making level of this organization, I am anticipating a change requiring more resources. Various staff models under consideration are: an Executive Secretary, Administrative Assistant, or Assistant to the City Manager. Time will tell which of these various staff models will best suit future needs. Our two collective bargaining contracts expire in 2015, meaning we need to negotiate new employment agreements with certain employees. For purposes of negotiation, funds for salaries under a union contract are not yet itemized in the various departmental budgets. Rather, they are placed in a Contingency Budget as a temporary place-holder and will be re-allocated to the various budgets following settlement of the contracts. We have adopted a systematic pay plan which is competitive, progressive, and incentive-based. It enables us to attract and retain a qualified workforce, but is constantly adjusted to be reflective of a changing market. Looking to the future, our long-range staffing plan does show some growth in the operational level of our workforce. Such staff increases are primarily in the maintenance and law enforcement areas simply in response to the needs of a growing community with more demands. As streets and homes are added, more staff and equipment will need to be added to remove snow, repair and sealcoat streets, pick up solid waste, and comply with code enforcement. More population will require more patrol officers on daily shifts patrolling more neighborhoods. More parks will require more mowing, more playgrounds to build and repair, and more trees to maintain our urban forest. As always, we make extensive use of a cadre of part-time and seasonal employees in many departments. Their workforce is essential in assisting us in fulfilling many of our service levels in an efficient and economical way. The City is a major employer of high school and college students as well as providing many second-income household jobs in addition to our primary jobs. Capital Investment An update of the annual, five-year Capital Improvement Plan (CIP) is an integral part of the budget process. While the first year of the plan is perhaps the most significant in terms of specificity and it’s compatibility with the pending operating budget, proper planning must be done to the subsequent four years for long-range financial sustainability. Capital items are described generally as items over $5,000 in individual cost and having a life expectancy of five years. Long-range planning is helpful to better plan for the eventual purchase of such items. Capital spending is provided for in the General Fund, Public Improvement Fund (75 percent Second Penny Fund), and the 25 percent Second Penny Fund. Capital spending can also be found in the respective Public Enterprise Budgets. For example, capital items for the two Solid Waste Budgets are financed by revenue from Solid Waste Operations. Which fund finances various capital expenditures is dependent upon Council Policy. You will note the budget describes transfers of Second Penny Funds into various departments. The purpose of that is for transparency to illustrate that capital funding is Page 6. Budget Message assigned to various departmental expenditures and thus, shows the true cost of operating the department. Capital investments include maintenance, repair, and upgrade of existing investments to buildings, equipment, facilities, and grounds. It also provides for new or replacement of existing assets. Vehicles and equipment are replaced in accordance with a prescribed asset management plan, but often modified to adjust to budget constraints. We retain vehicles and equipment until such time as their use becomes unsafe or it is no longer cost-efficient to keep repairing them. We frequently transfer vehicles to less-intense use in other departments to further extend the life of such items. Preventative maintenance is a major component of our fleet and equipment program. For the 75 percent Capital Fund, 2016 expenses will exceed 2016 revenue by $198,108. However, we estimate an ending cash balance in the fund of a favorable $359,651 when factoring in year-end 2015. Past commitments and debt service will consume $2,936,554 of this amount, while cash will be used to pay $2,280,844 in infrastructure projects. For the 25 percent Capital Fund, revenues will exceed expenditures by $265,971 leaving this amount to add to our cash balance of approximately $1.4 million. It includes a pro rata subsidy payment of private business incentives of $25,000. This fund should be preserved to at least partially set-aside some cash for upcoming major public safety improvements such as the replacement of a fire truck and/or the new south fire station; both of which are slated within the next five years. This amount will provide cash for one, but not both, of these major Fire Department expenditures. Part of the success of Brookings can be attributed to our historic and strategic investment in new capital items using Second Penny Revenue. Such items are our pool, ice arena, library, Swiftel Center, and our park system; some of which result from our partnership with the Brookings School District. Other items include the Performing Arts Center, McCrory Gardens, and Wellness Center in partnership with SDSU. This revenue stream has also enabled us to invest significantly in other partnerships with the Brookings Boys and Girls Club and the Research Park at SDSU. The list goes on. We have always been able to balance these items with basic and vital infrastructure that has allowed Brookings to grow in order to support these other amenities. We face that same balancing challenge with this budget in the years to come. We have significant infrastructure needs as well as important quality-of-life amenity improvements. All such items have seemingly staggering costs with on-going maintenance and operating costs inextricably tied to them. Some of those items include: 20th Street East Overpass/Interchange 20 th Street West Re-Construction Western Avenue Upgrade Youth Softball Complex Bob Sheldon/Dwiggins Medary Baseball 15 th Avenue/7th Street Extensions Possible Indoor Recreation Center Complex Storm Drainage Master Plan Projects Trail/Bike Path Extensions 6th Street Gateway Enhancements Brookings Marketplace/Wiese Business Park Development In addition, you have pending requests for sizable contributions which, if funded, would require additional debt. These are the SDSU Performing Arts Center addition and the Brookings Health System. Page 7. Budget Message Finally, we have annual street maintenance items involving overlayments, digouts/repair, sealcoating, and striping. We need to maintain our aggressive schedule so not to get financially behind an avalanche of costly street repairs. Capital investment is also done as we incrementally implement the Storm Drainage Master Plan. We have three specific Storm Drainage Projects slated for 2016. The 2016 Capital Budget provides for balanced investment of these capital items. However, the Council will need to prioritize the remaining items for the out-years in addition to identifying costs associated with some of the items for which costs are unknown at this time. As a result, the capital investment cash flow for the out-years is in a state of flux. Economic Development Investment Efforts to grow the community through various facets of economic development continue to be a mainstay initiative of the City of Brookings. As we weathered the recession quite well, we are increasing our population further securing us as the fourth largest city in the state with an increase of approximately 1,000 residents just since the official 2010 dicennial census. This budget continues our partnership through various agencies who, through their own economic development niche, address economic development issues. These primary agencies are the Brookings Economic Development Corporation (BEDC), the Growth Partnership Board at the SDSU Research Park, and the Brookings Convention and Visitors Bureau (CVB). The BEDC continues to work on commercial and industrial development. In response to an anticipated slow-down of industrial expansion and a shortage of workers, BEDC has adjusted its emphasis to small business development, workforce enhancement, retail development, and entrepreneurial advancement. The South Dakota Education Campus at Brookings is a major part of the workforce development initiative. The Growth Partnership continues to advance research-related technology transfer to development through the research park. The Visitor and Convention Bureau focuses on visitor enhancement through events and growth of amenities. This budget provides for level funding for each of these initiatives. The budget also provides for a continuation of two initiatives started in 2015. First, I am recommending continued funding in the amount of $50,000 for the Downtown Retail Acceleration Grant Program continent upon a performance and interest evaluation of the program’s progress for this year. This amount of funding utilizes any unspent funds from the 2015 allocation, but does not envision adding funding to build a balance of unspent funds. Likewise, I am recommending continued funding of the downtown music attraction program, “Downtown at Sundown” by the CVB at their requested amount of $30,000; down $20,000 from 2015 due to second-year costs expected to be less. Such funding should also be contingent upon a performance evaluation of this initial year’s program. In addition, I am recommending funding a new subsidy request from the South Dakota Humanities Council for the South Dakota Festival of Books. This annual, state-rotating event is the state and region’s premier literary event. It will showcase over 50 authors in over 100 events for its inaugural event in Brookings. With ties to SDSU and the Brookings Public Library, this new and exciting event promises to add a new dimension to the rich and diverse quality of life while bringing out-of-town visitors to Brookings. Page 8. Budget Message Finally, I am recommending terminating the funding to Downtown Brookings, Inc. The performance of this organization has been chronically deficient over its long and tumultuous history and it simply does not perform. Clear evidence of this is the lack of support from the various stakeholders it is intended to support. This is a clear sign this organization should no longer be artificially propped-up by government. An area of economic development where we are making slow but incremental progress, is in the retail and service area. Our efforts during the annual International Conference of Shopping Centers are producing more and better leads for retail development. Retail developers are becoming more confident as the recession begins to fade and store expansions are planned. The city-owned property that comprised the Wiese Business Park and the Brookings Marketplace are our best efforts to have property in place to accommodate such retail/service development. Full development of such parcels is expected to cost $7 million. Such costs can be creatively structured with development agreements among developers in numerous ways so as they do not become exclusively a cost to the City. Still, we should be prepared to financially assist through the use of creative incentives the ability to attract national retail chains to Brookings. Retail development is essential for two primary reasons. First, it provides shopping options for our residents and visitors and adds another fully-developed dimension to our quality of life and livability of Brookings. Second, and more fundamental to the City, it adds Sales Tax Revenue to state and city budgets to help finance future expenditures that are sure to grow over time. Retail demand attributed to “leakage” is a direct out-migration of Sales Tax Revenue. Such a trend needs to be reversed and even where we do not have such leakage, more retail sales can be grown. Brookings is sure to grow and expand; and with that growth come added costs of services to meet the demands of that growth. As a result, the revenue streams of both sales tax and property tax must grow at a corresponding rate. The City has developed some tools to assist economic development. In addition to the Downtown Retail Acceleration Grant Program discussed earlier, the City Council has formalized a Sales Tax Refund Incentive Program for qualifying businesses. This applies to both retail and industrial businesses. So far, it has been used to assist Bel Brands USA and the latest 3M plant expansion. As before, the judicious use of Tax Increment Finance has proven to be a valuable tool for economic development as well as land price write-downs. Debt Management The City currently has $10,750,000 in outstanding debt obligations from the 2010 refinancing with a debt schedule to December 1, 2022. Our annual debt service payments on this remaining issuance average approximately $1.7 million per year. In addition, we have the 2014 debt issuance which has $10,000,000 in outstanding debt obligations to 2033. This issuance was used to finance an extensive list of capital improvements so cash could be used for the Bel Brands Digester Incentive Program. It was also used to finance the South Main Avenue/26th Street improvement project. Both these issuances are being repaid with revenue from the Public Improvement Fund; the 75 percent Second Penny Sales Tax Capital Fund. Other incentives to Bel are sales tax refunds found in the three sales tax revenue budgets. In addition, the Storm Drainage Fund has several debt issuances associated with the State of South Dakota State Revolving Fund (SRF) Program. This program has a very favorable interest rate and a 20- year term. In an effort to implement our Storm Drainage Master Plan, we have financed such Page 9. Budget Message improvements from either cash or these various debt issuances. All such financial liabilities are financed by the Storm Drainage Utility Fund. Completed storm drainage projects financed with such debt are Southland Pond, Pheasant Nest Pond, Nelson Pond, and the Camelot Subdivision Pipe Project. Our total amount of outstanding SRF debt obligations is $2,967,485 for these projects. While the City has ample debt ‘capacity’ in terms of our constitutional debt limitations, we do have slightly more debt than our peer-cities. Again, according to our 2014 Comprehensive Annual Financial Report, our long-term governmental debt principal outstanding to assessed valuation is $2.40, up from $1.99 in 2013 and compared to $2.02 to our peer-cities for 2014. Looked at another way, the same long-term governmental debt principle outstanding to population is $1,121 compared to $895 for 2013 and compared to $1,085 for our peer-cities for 2014. Our total debt (governmental and business-type) principal outstanding to population is $2,537 compared to $1,597 for 2013, and compared to $2,399 for our peer-cities in 2014. While we have healthy reserves, our long-term debt is slightly above our contemporaries and we should remain vigilant in considering future debt. We should not be lured into complacency by the fact we still have approximately 40 percent debt capacity before we reach our constitutional debt limit. This calculation is only one benchmark and is not reflective of a governmental unit’s true ability to repay its debt. Nor does it adequately reflect the needs of other priorities. At this point, the budget proposal does not contemplate any significant debt issuances for 2016 except for the possibility of an additional SRF application for the Division Avenue Storm Drainage Project. However, the City Council could consider a debt package for a combination of items contemplated in the capital improvement discussion as previously mentioned. Those would most likely include park and indoor recreation amenities. For the following hypothetical principal debt issuances for a 20-year term, the following annual payments would be necessary: Principal Annual Payment $10 million $ 780,972 $15 million $1,171,632 $20 million $1,561,956 Sources of revenue to service this debt would either be sales tax bonds from our second penny revenue stream or general obligation bonds from a property tax increase. We have six active Tax Increment Districts which are considered Debt Service Funds. District 1 is cash- flowing adequately, but will likely require the full term to mature. Districts 3 and 4 are housing districts and are cash flowing exceptionally well and will likely be de-certified early. District 5 is dependent upon development which has not yet materialized. District 6 is expected to cash flow well over time with development. Finally, District 7 is starting out well, but will require robust development sustained over time to meet its cash flow requirements. New Initiatives The stage has been set for a series of bold, new initiatives to be undertaken, and this budget does begin to incrementally provide for them. First, we incorporated specific practices for lean operations and have incorporated transparency, technology, and lean efficiencies in several areas. Second, the Sustainability Council has documented benchmark indicators and adopted a workplan for sustainability-related issues Page 10. Budget Message that involve better stewardship of our public assets. These items are gradually being integrated into the fabric of our operations but clearly, more ideas and programs regarding sustainability advancement on several levels will be forthcoming. One such project by the Street Department is the change-over of the remaining traffic lights to LED. While this has up-front costs, the pay-back is only a few years. LED traffic lights last much longer and are more energy efficient. In addition, we are looking at grant opportunities to help off-set some of the up-front costs. However, the promise of sustainability initiatives can be misleading. I urge the Sustainability Council and City Council to exercise prudence and incrementalism when selecting specific items with which to undertake. Many such initiatives often mask negative, unintended consequences. Entrepreneurialism has taken root in various pockets of Brookings and promises to provide a new wellspring of ideas, concepts, and activities that will affect technology, small business, research, and services. BEDC has aided this with resources to assist entrepreneurs as well as the establishment of “makerspace” accommodations to support small business at, most appropriately, the research park. In addition, I am recommending funding a new subsidy request that builds upon entrepreneurialism by setting Brookings on a path to become a ‘Creative Capital of North’. The flagship event, Creativity Week, is expected to have over 80 events with over 1,000 participants further bringing new visitors to Brookings. This year, the City Council established a citizen’s committee to investigate the feasibility of a comprehensive community/indoor recreation center. Their final report will not be due until the end of the year. If the conclusions of their report are favorable, and if the City Council concurs with advancing the concept of such a facility, it will have a far-reaching financial impact for the City. Initial support is very strong but much work remains ahead to determine if such a facility is appropriate for Brookings. This bold and exciting new concept could be a catalyst for further advancing our comprehensive park system as a capstone to the extensive list of recreational amenities we already have with even more indoor recreational activities for residents and visitors alike. This budget does not attempt to predict the committee’s final conclusions and as such, does not anticipate further funding for what might be considered the next steps for such an ambitious project. The issue of affordable housing continues to be a challenge for further growth and development. A disproportionately high percentage of Brookings residents pay more in household income for housing than the national or state average. High costs, reflective of the market, are keeping a large segment of our population in rental situations. The shortage of lower-cost homes is driven, in part, by the inability of homes in this price range to be profitable to builders and developers. It is creating pent-up demand, but very low supply of owner-occupied homes in the price area below $175,000. The City Council should address this as a new initiative in 2016. Conclusion Finally, I strongly believe this proposed budget is well-positioned to meet both the operational as well as the strategic needs of the City of Brookings for 2016 and beyond. Still, I strongly suggest we continue our policy discussions of long-range planning with a critical examination of 2017 and the future; first, by fully defining our vision and second, by identifying the necessary resources it will take to fully implement that vision. Page 11. Budget Message I would like to thank my teammates in the organization and especially the 13 department directors who live and breathe these budgets every day. They submitted responsible budget requests and do their job admirably with the resources allocated to their professional stewardship. I would also like to thank the Mayor and City Council members for your policy leadership on the many crucial issues we have faced in the past, that confront us today, and will challenge us in the future. Lastly, it is the citizens of Brookings that are the bedrock foundation of this great community and the reason we strive to make Brookings the kind of place that where anyone can bring their dreams. Clearly, Brookings brightest days are ahead and it remains an honor and privilege for me to serve as your City Manager. Sincerely, CITY OF BROOKINGS Jeffrey W. Weldon City Manager City of Brookings Long-Term Maturities December 31, 2014 2016 2017 2018 2019 2020 2021 2022 213 75 % Sales Tax Debt Service Principal 1,886,981.10 1,877,325.97 1,921,243.62 1,975,609.32 2,029,704.68 2,090,719.42 871,516.90 Interest 560,872.62 518,227.75 471,797.60 420,556.90 364,799.04 303,689.30 239,891.82 2,447,853.72 2,395,553.72 2,393,041.22 2,396,166.22 2,394,503.72 2,394,408.72 1,111,408.72 282 Storm Drainage Debt Service (estimated at this point due to SRF 9 in draw down status) Principal 152,275.18 156,895.07 161,655.12 166,559.63 171,612.91 176,819.51 182,184.08 Interest 102,622.66 98,002.77 93,242.72 88,338.21 83,284.93 78,078.33 72,713.76 254,897.84 254,897.84 254,897.84 254,897.84 254,897.84 254,897.84 254,897.84 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 522,822.94 539,098.46 557,008.85 574,940.36 593,449.12 612,199.59 632,261.97 652,616.06 673,625.40 695,185.48 212,088.28 195,812.76 177,902.37 159,970.86 141,462.10 122,711.63 102,649.25 82,295.16 62,285.82 39,725.74 734,911.22 734,911.22 734,911.22 734,911.22 734,911.22 734,911.22 734,911.22 734,911.22 735,911.22 734,911.22 187,711.38 193,406.41 199,274.20 205,320.00 211,549.28 217,967.48 224,580.45 231,394.02 238,414.51 180,791.49 67,186.46 61,491.43 55,623.64 49,577.84 43,348.56 36,930.36 30,317.39 23,503.82 16,483.33 9,901.80 254,897.84 254,897.84 254,897.84 254,897.84 254,897.84 254,897.84 254,897.84 254,897.84 254,897.84 190,693.29 2033 2034 2035 2036 Total 717,690.76 - - - 20,750,000.00 17,220.38 - - - 4,472,401.88 734,911.14 - - - 25,222,401.88 157,007.99 47,140.72 14,943.58 - 3,617,074.73 4,690.80 966.03 281.22 - 1,116,687.38 161,698.79 48,106.75 15,224.80 - 4,733,762.11 1.03 75% of Second Penny Sales & Use Tax Cash Projections 7/14/2015 2015 Year End Budgeted Account Number Description 2016 Proposed 2017 Proposed 2018 Proposed 2019 Proposed 2020 Proposed 2021 Proposed $359,651 213-000-0-102-00 Projected Cash on Hand @ Year End 161,543$ ($13,858,751)($15,893,858)($16,108,075)($15,515,402)($22,126,432) 2015 Projected Ending Cash $359,651 4,543,000$ 213-000-4-113-02 Sales & Use Tax 4,679,290$ 4,819,669$ 4,964,259$ 5,113,187$ 5,266,582$ 5,424,580$ 213-000-4-334-09 Grants 0 0 0 0 0 0 1,703$ 213-000-4-441-08 Reimbursement 0 0 0 0 0 213-000-4-446-10 Donations 0 0 0 0 0 0 25,000$ 213-000-4-661-00 Interest Income 25,000 100,000 100,000 100,000 100,000 100,000 13,800$ 213-000-4-661-01 Money Market Interest 15,000 15,000 15,000 15,000 15,000 15,000 213-000-4-663-50 Loan Proceeds 0 0 0 0 242,000$ TIF Revenue-TIF 5,6,&7 300,000 320,000 320,000 320,000 320,000 320,000 526,663$ Transfer in 25% S&U 16,982$ Transfer in 460,558$ 213-000-6-700-20 Transfer in Nature Park Project 0 0 0 0 0 213-000-4-663-50 Transfer in Liquor Store 213-000-6-700-02 Transfer in Landfill -$ 213-000-6-700-16 Transfer in from BMU/Advance 0 0 0 0 5,829,706$ Revenue Total 5,019,290$ 5,254,669 5,399,259 5,548,187 5,701,582 5,859,580 186,678$ 213-000-5-466-01 Economic Development Grant 75,000 75,000 250,000$ 213-000-5-466-02 Job Creation Incentive 162,500 162,500 436,678$ Economic Development Grants Expense 237,500$ 237,500 0 0 0 0 1,380,000$ 213-000-5-470-01 Bond Principal Payments 1,886,981 1,877,326 1,921,244 1,975,609 2,029,705 2,090,719 278,443$ 213-000-5-470-02 Bond Interest Payments 560,873 485,715 434,923 378,894 319,704 303,690 1,200$ 213-000-5-470-03 Debt Service Costs 1,200 1,200 1,200 1,200 1,200 1,201 213-000-5-470-04 BAN (Digestor) 1,659,643 Debt Service Expense Total 2,449,054$ 2,364,241 2,357,366 2,355,704 2,350,609 2,395,610 150,000$ 213-000-5-856-76 SDSU Research Park 150,000 125,000 100,000 75,000 75,000 75,000 100,000$ Boys & Girls Club-Teen Center 100,000 100,000 100,000 100,000 0 0 Bata Bus Grant Match 12,000 250,000$ Subsidy Expenditure Total 262,000$ 225,000 200,000 175,000 75,000 75,000 140,527$ 213-000-5-422-03 Consulting 140,527$ Operating Expenditure Total -$ -$ -$ -$ -$ -$ Capital Expenditure Detail Carnegie Building electrical/HVAC 47,000 12,000 Sexauer Park Restrooms 140,000 213-000-5-911-00 Edgebrook-Golf Course Capital Improvements 10,000 Swiftel Center-Capital Improvements 300,000 300,000$ 300,000$ 300,000$ 300,000$ Gateway Project 275,000 200,000 -$ Airport-Facility 91,844 117,721 50,000 29,200 62,800 59,451$ Infrastructure-Railroad Traffic Signal/match only - 20,000$ 20,000$ 20,000$ 500,000$ Infrastructure-Prince Dr to 8th St Infrastructure-15th St S 900,000 Infrastructure-W20th St S,Western Ave to Cumberland 2,000,000$ Infrastructure-Western Avenue S 1,000,000$ Infrastructure-E20th St S,22nd Ave to Interstate 800,000 Infrastructure - Wiese Business Park 1,000,000$ 500,000$ 500,000 Infrastructure - Brookings Market Place 1,500,000$ 1,500,000$ 1,500,000$ 0 Bob Shelden and Ball fields Upgrades 4,000,000$ New Ball field Complex (no land)7,500,000$ Add'l Rec Trail (Gust pond & around Airport)250,000$ Add'l restrooms Valley View Park 120,000 Prairie Hills Park 750,000 Brighton-Timberline Park 500,000 Trail Extensions 1,000,000 Roof mechanical repairs, Parks facilities 650,000 20th Street Overpass of I-29 6,800,000 Reconstruct parallel taxiway - airport 300,000 Streets-Digouts and Overlays 505,000 798,500$ 757,000$ 882,500$ 900,500$ 559,451 Capital Expenditures Total 2,268,844$ 16,448,221 4,877,000 3,231,700 2,683,300 10,000,000 1,318,000$ 213-000-7-899-00 Transfer out General Fund P&R 202,500$ 213-000-7-899-28 Transfer out to Edgebrook Golf CIP 500,486$ 213-000-7-899-03 Transfer out-Swiftel Projects & Equip 610,505$ 213-000-7-899-30 Transfer out-Streets 102,770$ 213-000-7-899-01 Transfer Out to Airport Runway Project 800,000$ 213-000-7-899-32 Transfer Out to Street Shop 3,534,261$ Transfers for CIP Total 0 0 0 0 0 0 5,829,706$ Revenue Grand Total 5,019,290$ 5,254,669 5,399,259 5,548,187 5,701,582 5,859,580 6,580,560$ Expense Grand Total 5,217,398$ 19,274,962 7,434,366 5,762,404 5,108,909 12,470,610 (750,854)$ Net Grand Total (198,108)$ (14,020,294)(2,035,107)(214,217)592,673 (6,611,030) City of Brookings Ends Policy 1, Financial Stability Establishing what is to be done, for whom, at what cost, and Executive Limitations to define unacceptable means Guideline H: Appropriation and Subsidy Policy & Guidelines Purpose. The purpose of this policy is to establish guidelines and criteria regarding the allocation and use of municipal subsidies within the City of Brookings. These guidelines shall be used in processing and reviewing applications requesting municipal subsidy assistance. Protecting the financial interest is of the City of Brookings is of the utmost importance, so it is the intent of the City to provide a minimum amount of municipal subsidies, as well as other incentives that the City may deem appropriate, for the shortest term required for the project to proceed. The City reserves the right to approve or reject projects on a case-by-case basis, taking into account established policies, specific project criteria, and demand on city services in relation to the potential benefits to be received from a proposed project. Meeting policy guidelines or other criteria does not guarantee the award of municipal subsidies. Furthermore, the approval or denial of one project is not intended to set precedent for approval or denial of another project. Whenever possible, it is the City’s intent to coordinate the use of municipal services with other local governing bodies and taxing jurisdictions. Objective of Municipal Subsidies. 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. To fulfill this commitment, the Brookings City Council will closely examine its goals and the goals of its city departments to identify outcomes that will meet the standards as outlined in the mission statement above. The Council also recognizes that its support of programs and services outside the scope of its city departments may be necessary to fulfill the commitment and achieve the desirable quality of life for its citizens. As a matter of policy, the City of Brookings will consider using municipal funds to assist in the following areas, but are not limited to, opportunities in the areas of:  Affordable Housing  Arts & Culture  Youth Development  Diversity  Economic Development  Education & Literacy  Environment  Government Stewardship  Health  Parks, Recreation & Open Spaces  Partnerships  Preservation/ History  Safety  Transportation/Transit The Brookings City Council may choose to annually allocate a specified funding amount for a specific category, regardless of the number of applicants for that particular programming area. General Guidelines for the Allocation of Municipal Subsidies. The City of Brookings may allocate up to four (4) percent of the annual General Fund expenditures to subsidize community needs and programs. The City’s current and projected financial health and stability will be the key deciding factor in determining its ability to provide funds to outside organizations. In addition, the Council will consider a number of factors as defined in the City’s Funding Application when making this decision. A key factor will be the applicant’s ability to provide a service or outcome that improves the quality of life for the citizens of Brookings. The applicant must also provide a “but for” analysis which demonstrates the need for public assistance. Other factors include the applicant’s ability to become self-sustaining, the duration of the funding commitment, and operating verses capital requests. Municipal subsidy will not be used for projects that would place extraordinary demands on city infrastructure and services. Request for donations or subsidies from individuals, religious or political groups based out of the City of Brookings will not be considered. Request for donations or subsidies from qualified organizations outside of the funding timeline will not be considered. General Guidelines for Subsidies. The Brookings City Council evaluates program-funding proposals on an annual basis for funding in the following calendar year. The City’s fiscal year is January 1 to December 31. Proposals must be submitted to the City Clerk in accordance with the budget cycle schedule and proposal format outlined below. Requests may only be made during this period of time. Completed applications must be received on or before June 1st of each given year. Following, a review by the City Manager and Finance Manager, the application shall be referred to the City Council for further consideration during the annual budget meetings. Organizations applying for a donation or subsidy must submit a completed Application for Funding along with a detailed description of the project; a preliminary site plan; the amount requested; the duration of the funding request; the public purpose of the project; verifiable funding sources and uses; and a “but for” analysis which demonstrates the need for public assistance. Additional documents which may be required include the organization’s current expense statement and budget, Board of Directors listing, current Annual Report, and all other items specified in the City of Brookings Application for Funding. Budget Hearing Process. Brookings City Council budget meetings are held in the months of August and September. All budget meetings are open to the public. Applicants may or may not be invited to make a presentation on their funding proposal. Applicants are encouraged to attend all budget meetings to remain informed during the process. Applicants should be prepared to answer questions based on the application. Final action on the budget occurs at the last Council meeting in September. Brookings School District Subsidies. Appropriation of public funds can be set aside for specific purposes which promote the City of Brookings mission and the local quality of life within the City of Brookings. Brookings Municipal Utilities transfers funds each year to the General Fund as a means to keep city property taxes at a low level for the citizens of Brookings. The City of Brookings may annually appropriate up to 15% of the transfer from the Brookings Municipal Utilities to the Brookings School District. Economic Development/Promotions Subsidies. A subsidy from the 3rd B Fund shall meet the requirements of the SD State Statute 10-52-8*. Funds will be appropriated from the 3rd B Fund to entities with the capacity to promote and advertise the city, its facilities, attractions, and activities. In any fiscal year, the City may require the unencumbered funds be returned to the City 3rd B Fund. Subsidy Agreement and Reporting Requirements. The City of Brookings requires all recipients of municipal funds to enter into appropriate agreements that identify the reason for the subsidy, the public purpose served by the subsidy, subsidy payment schedule, final the specific performance measurements to be attained, and final reporting on outcomes. Failure to provide final reporting of funds and all other required reports will make applicant ineligible for future subsidies. The City has established the policy that financial, service and program performance measures be developed and used as an important component of decision making and incorporated into governmental budgeting. The City encourages all departments to utilize performance measures. At a minimum, performance measures should be used to report on the outputs of each program and should be related to the objectives of each department. The performance measurements should: 1. Be based on program objectives that tie to the City Council’s goals and program mission or purpose; 2. Measure program results or accomplishments; 3. Provide for comparisons over time; 4. Measure efficiency and effectiveness; 5. Be reliable, verifiable and understandable; 6. Be reported internally and externally; 7. Be monitored and used in decision-making processes; and 8. Be limited to a number and degree of complexity that can provide an efficient and meaningful way to assess the effectiveness and efficiency of key programs. All agreements and reports shall be timely prepared and filed with the City Clerk. Failure to comply with any of these requirements may result in the revocation of the requested subsidy as well as fines, repayment requirements, and a determination that the organization is ineligible for future municipal subsidies for a period of years. * Applicable State Statute: 10-52-8. Additional tax on lodgings, alcoholic beverages, prepared food, and admissions -- Purposes -- Conformance with state sales and use tax. Notwithstanding the tax rate limitations of §10-52-2 or 10-52-2.1, any municipality may impose an additional municipal non-ad valorem tax at the rate of one percent upon the gross receipts of all leases or rentals of hotel, motel, campsites, or other lodging accommodations within the municipality for periods of less than twenty-eight consecutive days, or sales of alcoholic beverages as defined in §35-1-1, or establishments where the public is invited to eat, dine, or purchase and carry out prepared food for immediate consumption, or ticket sales or admissions to places of amusement, athletic, and cultural events, or any combination thereof. The tax shall be levied for the purpose of land acquisition, architectural fees, construction costs, payments for civic center, auditorium, or athletic facility buildings, including the maintenance, staffing, and operations of such facilities and the promotion and advertising of the city, its facilities, attractions, and activities. Such taxes shall conform in all respects to the state sales and use tax on such items with the exception of the rate. 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 2015-0558,Version:1 Executive Session, pursuant to SDCL 1-25-2, for purposes of consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters. 1-25-2. Executive or closed meetings--Purposes--Authorization--Misdemeanor. Executive or closed meetings may be held for the sole purposes of: 1) Discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term “employee” does not include any independent contractor; 2) Discussing the expulsion, suspension, discipline, assignment of or the educational program of a student; 3) Consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters; 4) Preparing for contract negotiations or negotiating with employees or employee representatives; 5) Discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business. However, any official action concerning such matters shall be made at an open official meeting. An executive or closed meeting shall be held only upon a majority vote of the members of such body present and voting, and discussion during the closed meeting is restricted to the purpose specified in the closure motion. Nothing in § 1-25-1 or this section may be construed to prevent an executive or closed meeting if the federal or state Constitution or the federal or state statutes require or permit it. A violation of this section is a Class 2 misdemeanor. Source: SL 1965, ch 269; SL 1980, ch 24, § 10; SL 1987, ch 22, § 1. City of Brookings Printed on 8/7/2015Page 1 of 1 powered by Legistar™