HomeMy WebLinkAbout2015_12_15 CC PKT - RevisedCity 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, December 15, 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 2015-0868 Action to approve the November 10, November 17, and November 24
City Council Minutes.
11/10/2015
11/17/2015
11/24/2015
Attachments:
3.C.ID 2015-0709 Action on various appointments to City Boards, Committees and
Commissions.
Page 1 City of Brookings
December 15, 2015City Council Meeting Agenda
3.D.ID 2015-0767 Action to approve Volunteer Listing for Work Comp Coverage.
Volunteer ListAttachments:
3.E.RES 15-128 Action to approve Resolution 15-128, a Resolution authorizing Change
Order No. 1, Final, for 2015-08STI Street Maintenance and Overlay
Project, Bowes Construction, Inc.
ResolutionAttachments:
4. Items removed from Consent Agenda.
Action: Motion to Approve, Request Public Comment, Roll Call
5. Open Forum/Presentations/Reports:
5.A. Open Forum.
At this time, any member of the public may request time on the agenda for an item not
listed. Items are typically scheduled for the end of the meeting; however, very brief
announcements or invitations will be allowed at this time.
5.B. SDSU Student Association Report.
6. Contracts/Change Orders:
6.A.RES 15-127 Action on Resolution 15-127, a Resolution awarding a Contract for
Purchase of One New Snow Blower for the Street Department.
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.
7.A.ORD 15-024 Introduction and First Reading on Ordinance 15-024, an Ordinance
amending Chapter 26 of the Code of Ordinances of the City of
Brookings, South Dakota to include the regulation of Transportation
Network Companies in the City of Brookings. Public Hearing: January
12, 2016.
OrdinanceAttachments:
8. Public Hearings and Second Readings:
8.A.ID 2015-0886 Public hearing and action on the transfer of an On-Off-Sale Malt License
from Mark Thompson, owner, MN, LLC, dba Via Italia, to The Dixie,
Laura Dixon and LeeAnn Julius, owners, 1300 Main Ave. So.,
Brookings, South Dakota, legal description: Lot 1 excluding S 92' of W
40', Block 3, Fishback Second Addition.
Page 2 City of Brookings
December 15, 2015City Council Meeting Agenda
Legal NoticeAttachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
8.B.RES 15-129 Public hearing and action on Resolution 15-129, a Resolution
authorizing the City Manager to enter into an Operating Agreement for
an On-Off-Sale Wine License for The Dixie, Laura Dixon and LeeAnn
Julius, owners, 1300 Main Ave. So., Brookings, South Dakota, legal
description: Lot 1 excluding S 92' of W 40', Block 3, Fishback Second
Addition.
Resolution
Operating Agreement
Attachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
9. Other Business:
9.A.ID 2015-0883 Action to Accept Request for Proposal to Purchase Property (Lot 2,
Block 1, Foster Addition) and Direct Staff to Negotiate Terms and
Conditions Leading to a Purchase Agreement.
RFP Foster ParcelAttachments:
Action: Motion to Approve, Request Public Comment, Roll Call
9.B.RES 15-130 Action on Resolution 15-130, a Resolution providing for the
Advancement of a Comprehensive Public Art Appreciation and Public
Displays Program.
ResolutionAttachments:
Action: Motion to Approve, Request Public Comment, Roll Call
9.C.ID 2015-0889 Action to appoint Brookings Public Arts Policy Task Force members.
Action: Motion to Approve, Request Public Comment, Roll Call
10. City Council member introduction of topics for future discussion.
Any Council Member may request discussion of any issue at a future meeting only.
Items cannot be added for action at this meeting. A motion and second is required
stating the issue, requested outcome, and time. A majority vote is required.
11. Adjourn.
Brookings City Council:
Tim Reed, Mayor, Keith Corbett, Deputy Mayor & Council Member
Council Members Patty Bacon, Dan Hansen, Scott Meyer, Ope Niemeyer, Jael Thorpe
Council Staff:
Jeffrey W. Weldon, City Manager Steven Britzman, City Attorney Shari Thornes, City Clerk
View the City Council Meeting Live on the City Government Access Channel 9.
Rebroadcast Schedule: Wednesday 1:00pm/Thursday 7:00pm/Friday 9:00pm/Saturday 1:00pm
The complete City Council agenda packet is available on the city website: www.cityofbrookings.org
Page 3 City of Brookings
December 15, 2015City Council Meeting Agenda
Assisted Listening Systems (ALS) are available upon request. Please contact Shari Thornes, Brookings City
Clerk, at (605)692-6281 or sthornes@cityofbrookings.org. If you require additional assistance, alternative
formats, and/or accessible locations consistent with the Americans with Disabilities Act, please contact Shari
Thornes, City ADA Coordinator, at (605)692-6281 at least three working days prior to the meeting.
Engage Brookings is an online tool where citizens can engage, communicate and collaborate with community
decision makers and other residents. Where these ideas overlap is the future of Brookings.
www.engagebrookings.org
Page 4 City of Brookings
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 2015-0868,Version:1
Action to approve the November 10, November 17, and November 24 City Council Minutes.
Attachments:
November 10 Minutes
November 17 Minutes
November 24 Minutes
City of Brookings Printed on 12/10/2015Page 1 of 1
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Brookings City Council
November 10, 2015 (unapproved)
The Brookings City Council held a meeting on Tuesday, November 10, 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. Consulting with legal counsel or reviewing communications from
legal counsel about proposed or pending litigation or contractual matters was added to
the Executive Session. A motion was made by Council Member Corbett, seconded by
Council Member Hansen, to approve the Consent Agenda, as amended. The motion
carried by the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Meyer,
Thorpe, and Bacon.
3.A. Action to approve the agenda, as amended.
3.B. Action on Human Rights Commission appointments: appoint Maggie Owens
(term 11/10/2015-1/1/2018), and appoint Elliot Johnson as the SDSU Student
Representative (term 11/10/2015-5/1/2016).
3.C. Action on Resolution 15-108, a Resolution for the City of Brookings 2016
Dental Insurance Premium Adjustment.
Resolution 15-108 - Establishing Dental Insurance Monthly Contribution Rates for the
City of Brookings Dental Insurance Plan
Be It Resolved, that the 2016 employee and employer contributions for the dental
insurance plan be established as follows:
CITY GENERAL & PUBLIC SAFETY EMPLOYEES
Employer's Employee's
Share (75%)
of Single Rate
2016
Share TOTAL
Employee Only $31.65 $10.55 $42.20
Employee/Spouse $31.65 $49.41 $81.06
Employee/Child(ren) $31.65 $51.67 $83.32
Family $31.65 $81.25 $112.90
3.D. Action on Resolution 15-109, a Resolution for the City of Brookings 2016
Vision / Hearing Insurance Premium Adjustment.
Resolution 15-109 - Establishing Vision/Hearing Insurance Monthly Contribution Rates
for the City of Brookings Vision / Hearing Insurance Plan
Be It Resolved, that the 2016 employee and employer contributions for the Vision /
Hearing Insurance Plan be established as follows:
CITY GENERAL & PUBLIC SAFETY EMPLOYEES
Employer's Employee's
Share (75%)
of single rate
2016
Share TOTAL
Employee Only $8.00 $2.66 $10.66
Employee/Spouse $8.00 $10.96 $18.96
Employee/Children $8.00 $14.59 $22.59
Family $8.00 $20.79 $28.79
3.E. Action on Resolution 15-102, a Resolution authorizing the City Manager to
sign an On-Off Sale Wine Operating Agreement renewal for Wal-Mart Supercenter
#1538, 2233 6th St., Brookings, SD.
Resolution 15-102 - Wal-Mart Supercenter #1538 –
Wine Operating Agreement Renewal
Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby
approves a Lease Agreement renewal for the Operating Liquor Management
Agreement for On-Sale Wine between the City of Brookings and Wal-Mart Supercenter
#1538, for the purpose of a liquor manager to operate the On-Sale Establishment or
business for and on behalf of the City of Brookings at 2233 6th St.
Be It Further Resolved that the City Manager be authorized to execute the Lease
Agreement renewal on behalf of the City, which shall be for a period of five (5) years.
3.F. Action on Resolution 15-110, a Resolution authorizing the City Manager to
sign an On-Off Sale Wine Operating Agreement renewal for the Swiftel Center,
824 32nd Ave., Brookings, SD.
Resolution 15-110 - Swiftel Center –
Wine Operating Agreement Renewal
Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby
approves a Lease Agreement renewal for the Operating Liquor Management
Agreement between the City of Brookings and the Swiftel Center, for the purpose of a
liquor manager to operate the On-Sale Establishment or business for and on behalf of
the City of Brookings at 824 32nd Ave.
Be It Further Resolved that the City Manager be authorized to execute the Lease
Renewal Agreement on behalf of the City, which shall be for a period of five (5) years.
3.G. Action on Resolution 15-111, a Resolution declaring items as surplus
property.
Resolution 15-111 - Resolution declaring items as surplus property;
Miscellaneous Electronic Equipment
Whereas, SDCL 6-13-1 requires a municipality owning personal property which is no
longer necessary, useful, or suitable for municipal purposes shall, by resolution, declare
it surplus and may, by resolution, order the sale, trade, destruction or other disposal of
said personal property.
Now, Therefore, Be It Resolved that the following personal property be declared no
longer necessary, useful, or suitable for municipal purposes and said property shall be
disposed of in accordance with SDCL 6-13-1.
Surplus Property to be sold, or destroyed (recycled):
Device Model: Serial Number: Type: Device condition:
To Be Taken to Electronic Drop-off Recycling Facility at City Landfill for Recycling
HP Proliant ML 310 G4 MX20737002 PC Not working
CAM SN:33830 PC Not working
Nortek PC N/A PC Not working
Dell optiplex GX260 D3QD391 PC Not working
HP compaq d330 MT USW41508JG PC Not working
HP compaq 310m V239LB4ZA098 PC Not working
HP compaq dc5100 MT 2UB60103M7 PC Not working
Acer Veriton M261 VM261 PSV540600580408E052701 PC Not working
HP touchsmart 9300 elite AiO MXL2241P9F PC Not working
Micron AL440LX-PII300-MT 1174379-001 PC Not working
HP compaq nc6120 CN508GNMN Laptop Not working
Compaq armada E700 1J03DC61M20F Laptop Not working
HP Compaq 8710P CND7390DVN Laptop Not working
Compaq deskpro EN 6125DYSZK012 PC Not working
Compaq Ipaq Pocket PC
H360 4G0BDW36F026 Pocket PC Not working
HP Color Laserjet CP1215 CNBC8BH0BM Printer Not working
HP Color Laserjet 2600N CNGC69F05Z Printer Not working
Xerox Phaser 6180 DPX318547 Printer Not working
HP Laserjet 1000 series CNBJ405527 Printer Not working
HP Scanjet N6310 CN8B6A60DT Printer Not working
HP Docking station CRVSA-
02T1-PR Series-b S/N:333937-001 Docking station Not working
HP Docking station HSTNN-
IX01 CNU606XZ1Q Docking station Not working
Olicom OC-3626 01A00A
8 Port External
Hub Not working
HP Docking station HSTNN-
IX01 CNU619X1P1 Docking station Not working
KVM switch 2146AATCB596800096 KVM switch Not working
Panasonic EASA KXT2335 2FCEE50211 Phone Not working
Meridian business set
NT4X38 & NT4X39 ETG48871846XTN Phone Not working
IBM 8228 8228-23-F1456
Token Ring
Multiple Access
Unit 8 Port Hub Not working
Optiquest Q7 LCD VS11147 Q4A070344451 Monitor
Not working (does
not power on)
HP 1502 monitor CNN4340PXW Monitor
Not working (does
not power on)
NEC AccuSync LCD72VX
monitor 63136901NA Monitor
Not working (does
not power on)
HP CD drive 531HA002065 CD drive
Not working
(machine parts)
HP CD drive 430HA009722 CD drive
Not working
(machine parts)
HP CD drive 572HA020235 CD drive
Not working
(machine parts)
HP CD drive 451HA000401 CD drive
Not working
(machine parts)
HP CD drive SN:40944002348 CD drive
Not working
(machine parts)
LG disc drive 112HLEQ010644 CD drive
Not working
(machine parts)
Compaq disc drive 738B301LK02HS CD drive
Not working
(machine parts)
FD100 credit card reader LT0000081283
Credit card
reader
obsolute(does not
have chip reader)
FD100 credit card reader LT0000213708
Credit card
reader
obsolute(does not
have chip reader)
FD100 credit card reader LT0000190355
Credit card
reader
obsolute(does not
have chip reader)
FD100 credit card reader LT0000215162
Credit card
reader
obsolute(does not
have chip reader)
FD100 credit card reader LT0000215024
Credit card
reader
obsolute(does not
have chip reader)
FD100 credit card reader LT0000215073
Credit card
reader
obsolute(does not
have chip reader)
FD100 credit card reader LT0000215014
Credit card
reader
obsolute(does not
have chip reader)
FD100 credit card reader LT0000115349
Credit card
reader
obsolute(does not
have chip reader)
FD100 credit card reader LT0000215046
Credit card
reader
obsolute(does not
have chip reader)
eMachines T3104 desktop CK858-C0027925 PC no hard drive
HP compaq dx2300 MT MXL7130BLT PC no hard drive
Acer Veriton M261 VM261 PSV540600580408E112701 PC no hard drive
HP compaq dx2200 MT MXL6370B7X PC no hard drive
HP compaq dc5100 MT 2UB54206LC PC no hard drive
HP compaq d51C 5x33-KN8Z-F01P PC no hard drive
HP compaq dc 5100 MT MXL543046K PC no hard drive
Lenovo Thinkcentre 9702B7ULXRDVKM PC no hard drive
HP compaq dx2200 MT MXL7020D92 PC no hard drive
HP compaq dx2000 MT 2UA50401DN PC no hard drive
HP compaq dx2000 MT 2UA5020Q5P PC no hard drive
HP Pavillion zv6000 CND5190839 Laptop no hard drive
HP compaq nx9010 2UA413P09J Laptop no hard drive
HP Compaq dc 5100 MT 2UB55007S2 PC no hard drive
HP compaq dx2300 MT MXL7130BMY PC no hard drive
HP Compaq dc 5100mi MXL54303Y1 PC no hard drive
HP D330U USV3400DH1 PC no hard drive
HP Compaq 6910p CND9132ZLQ Laptop no hard drive
HP Compaq NW8240 CNU6100QZK Laptop no hard drive
HP Docking station HSTNN-
IX01 CNU709XV9W Docking station
obsolute works
only with certain
laptop
CAM MOD 280-UL Register WD004698649 Register
obsolute must
have old CAM
software
CAM MOD 280-UL Register WD00425598 Register
obsolute must
have old CAM
software
CAM MOD 280-PL Register WA004833488 Register
obsolute must
have old CAM
software
CAM MOD 280-PL Register WA004182040 Register
obsolute must
have old CAM
software
RC Allen Alfa 1 S/N:08844 Cash Register
obsolute must
have old CAM
software
Cash drawer EP-127 N/A Cash Register
obsolute goes with
CAM system
Cash drawer EP-127 N/A Cash Register
obsolute goes with
CAM system
Symbol M2004-I216 cyclone M1E62A18Y Hand Scanner
obsolute goes with
CAM system
Data Logic QD2100 Hand
Scanner ZR022375 Hand Scanner
obsolute goes with
CAM system
Data Logic QD2100 Hand
Scanner N/A Hand Scanner
obsolute goes with
CAM system
Elo touchsystems STI85-0300 M1J91H78P
Touch screen
device
obsolute goes with
CAM system
Ithaca 610-P DB003842013 Receipt printer
obsolute goes with
CAM system
3M 910 SN:719805
Overhead
Projector Working - obsolute
Panasonic DVD player KS2BA026992 DVD player Working - obsolute
Mintek DVD player DVD-1600 020720033-3F2 DVD player Working - obsolute
JVC HR-XVC14 S/N:15261228 DVD player Working - obsolute
HP Laserjet 2200D JP8GJ24371 Printer Working - obsolute
HP officejet 6310V CN82CFV326 Printer Working - obsolute
Kyocera FS-4000DN XPK6401528 Printer Working - obsolute
Device Model: Serial Number: Type:
Lathem 7000E timecard K038844 Time punch machine
Lathem 2206 timecard A-678188 Time punch machine
Lathem 2206 timecard A-678206 Time punch machine
Lathem 2206 timecard A-678211 Time punch machine
Lathem 7000E timecard K023665 Time punch machine
Lathem 7000E timecard K033988 Time punch machine
Lathem 2206 timecard A-6798535 Time punch machine
Lathem 7000E timecard K004494 Time punch machine
Lathem 7000E timecard K040711 Time punch machine
Lathem 7000E timecard K032542 Time punch machine
Lathem 7000E timecard K023663 Time punch machine
Lathem 7000E timecard K023661 Time punch machine
Lathem 7000E timecard K023666 Time punch machine
Lathem 7000E timecard K032539 Time punch machine
Lathem 7000E timecard K023625 Time punch machine
Lathem 2206 timecard A-826758 Time punch machine
Lathem 2016 timecard A-869291 Time punch machine
Lathem 2206 timecard A-678190 Time punch machine
Lathem 2206 timecard A-679836 Time punch machine
Lathem 2206 timecard A-680079 Time punch machine
Lathem 2106 timecard A-839988 Time punch machine
Transportation Traffic Analysis. Transportation Traffic Analysis, Highway 14 (6th Street)
from Main Avenue to Medary Avenue; comparison of 3-lane and 5-lane design.
A motion was made by Council Member Hansen, seconded by Council Member
Corbett, that the City Council approve the recommendations set forth by the Traffic
Steering Ad Hoc Committee of December 2014 to support a five-lane road. Public
Comments were received from LeWayne Erickson, Doug Smith, Lawrence Novotny,
Mike Bartley, David Kneip, and Dave Gullickson. The motion carried by the following
vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon.
A motion was made by Council Member Hansen, seconded by Council Member Bacon,
to table action to December 8, 2015. The motion carried by the following vote: Yes: 7 -
Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon.
SDML Conference Report. Council Member Bacon reported on the South Dakota
Municipal League Conference, which was held in Watertown, SD on October 6-9, 2015.
Kauffman Mayor’s Conference Report. Mayor Tim Reed reported on the Kauffman
Mayors Conference, which was held October 6-9, 2015 in Albuquerque, NM.
National League of Cities Report. Council Members reported on the National League
of Cities Conference & Exposition, which was held in Nashville, TN November 4-7,
2015.
BMU Quarterly Report. Steve Meyer, General Manager, and Laura Julius, Finance &
Account Manager presented the Council with the 3rd Quarter Report for Brookings
Municipal Utilities.
City General Employee Contract. A motion was made by Council Member Niemeyer,
seconded by Council Member Corbett, that the City General Employee Contract be
approved. The motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen,
Niemeyer, Thorpe, Meyer, and Bacon.
Police Department Union Contract. A motion was made by Council Member Bacon,
seconded by Council Member Corbett, that the Police Department Union Contract be
approved. The motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen,
Niemeyer, Thorpe, Meyer, and Bacon.
Resolution 15-080. A motion was made by Council Member Hansen, seconded by
Council Member Meyer, that Resolution 15-080, a Resolution authorizing Change Order
No. 2 (Final) for 2014-04SSI Derdall Drainage Improvement Project; Rounds
Construction, Inc., be approved. The motion carried by the following vote: Yes: 7 -
Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon.
Resolution 15-080 - Resolution Authorizing Change Order No. 2 (Final)
for 2014-04SSI Derdall Drainage Improvement Project; Rounds Construction, Inc.
Be It Resolved by the City Council that the following change order be allowed for
2014-04SSI, Derdall Drainage Improvement Project:
Construction Change Order Number 2: Adjust contract for landscaping around
the storm sewer outlet, modifications to a storm drain inlet and adjust plan
quantities to as-constructed quantities for a decrease of $3,433.50 to close out
the project.
First Reading – Ordinance 15-023. Introduction and First Reading on Ordinance 15-
023, an Ordinance amending Division 5 of Chapter 2 of the Code of Ordinances of the
City of Brookings South Dakota, and pertaining to Terms of Office of Members of the
Sustainability Council of the City of Brookings. Public Hearing: November 24, 2015.
Annual Liquor & Wine License Renewals. A motion was made by Council Member
Hansen, seconded by Council Member Corbett, that the following annual Liquor and
Wine Alcohol License Renewals for 2016 be approved: Liquor (Off-Sale): Brookings
Municipal Liquor Store, 780 22nd Ave. So.; Liquor (On-Sale): Fireside Restaurant /
Dakota Ram Inc., 2515 E. 6th St. (CL), Park Hospitality, Inc., 2500 6th St. (CL),
Applebee’s / Porter Apple Co. B Inc., 3001 LeFevre Dr., Buffalo Wild Wings Bar & Grill /
W&P of Brookings, LLC, 1721 6th St., CRAFT / Midwest Fresh Concepts, LLC, 610
Medary Ave., Cubby’s Sports Bar & Grill / GDT Inc., 307 Main Ave., Danny’s / David
Olson Inc., 703 Main Ave. So., Elks Brookings Lodge #1490, 516 4th St., Jim’s Tap /
Urquhart Ent., Inc., 309 Main Ave., 9 Bar Nightclub / Nine Inc., 303 Main Ave., Old
Market Eatery / The Lee Group, 424 5th St., Pheasant Restaurant & Lounge / RGO, Inc.,
726 Main Ave. So., Pints & Quarts / B&L Sullivan, Inc., 313 Main Ave., Prairie Lanes
Inc., 722 Western Ave., The Ram / Ram & O’Hare’s Ent., LLC, 327 Main Ave., Ray’s
Corner / Fergen Enterprises Inc., 401 Main Ave., Skinner’s Pub Inc., 300 Main Ave.,
Sully’s Irish Pub/B&L Sullivan Inc., 421 Main Ave., VFW GEO Dokken Post 2118, 520
Main Ave., The Wild Hare / Wonder, Inc., 303 3rd St. Restaurant (On-Sale): Whiskey
Creek Wood Fire Grill / Brookings Steak Co. LLC, 621 32nd Ave. Wine (On-Off Sale):
Aramark/McCrory Gardens Visitors Center, 6th St. & 22nd Ave., Brookings
Municipal Liquor Store, 780 22nd Ave. So., Carpy’s Pub, 714 22nd Ave. So., Children’s
Museum of South Dakota, 521 4th St., CRAFT / Midwest Fresh Concepts, LLC, 610
Medary Ave., The Depot / ERL, LLC, 919 20th St. So., Guadalajara Mexican Restaurant,
1715 6th St., Suite F, Hy-Vee Food Store / Hy-Vee, Inc., 700 22nd Ave., KRAVE, Inc.,
1040 22nd Ave. So., New Sake, Inc., 724 22nd Ave. So., Old Sanctuary / Old Sanctuary
Assoc., LLC, 928 4th St., Pheasant Restaurant & Lounge / RGO, Inc., 726 Main Ave.
So., Schoon’s Pump N’ Pak So. / Schoon Properties, Inc., 1205 Main Ave. So.,
Skinner’s Pub Inc., 300 Main Ave., Swiftel Center, 824 32nd Ave., Via Italia / MN, LLC,
1300 Main Ave. So., Wal-Mart Supercenter #1538 / Wal-Mart Stores, Inc., 2233 6th St.,
Zip Trip #63 / CHS, Inc., 1005 6th St., and Zip Trip #64 / CHS, Inc., 3045 LeFevre Dr.
The motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer,
Thorpe, Meyer, and Bacon.
Council Member Introduction of Topics for Future Discussion.
A motion was made by Council Member Bacon, seconded by Council Member
Niemeyer, to consider an internship program for the City Council at a future study
session. The motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen,
Niemeyer, Thorpe, Meyer, and Bacon.
A motion was made by Council Member Bacon, seconded by Council Member Meyer,
to submit an amendment to the animal control ordinance pertaining to chickens with first
reading on November 24 and second reading on December 8. The motion carried by
the following vote: Yes: 5 - Hansen, Niemeyer, Thorpe, Meyer, and Bacon;
No: 2 - Reed, and Corbett.
A motion was made by Council Member Niemeyer, seconded by Mayor Reed, to
request a feasibility review of one-way streets for vehicles with bike lanes on 5th Street
(Main Ave. to 15th Ave.) and 7th Street (Main Ave. to Faculty Dr.). This issue will be
referred to the Bike Advisory Committee for their recommendations pertaining to bike
usage. The motion carried by the following vote: Yes: 7 - Reed, Corbett, Hansen,
Niemeyer, Thorpe, Meyer, and Bacon.
Council Member Hansen requested a presentation on strobe light pedestrian crossings
at a future study session.
Council Member Thorpe requested information regarding the proposed 6th Street right-
of-way plans be provided to the City Council prior to the December 8th meeting. Plans
will be available for review in the City Manager's Office and an open house will be held
in the Community Room at 5:00 p.m. on Tuesday, December 8th, hosted by the City
Engineer.
Executive Session. A motion was made by Council Member Niemeyer, seconded by
Council Member Corbett, to enter into Executive Session at 8:58 p.m. with the City
Manager, City Clerk, City Attorney, Steve Meyer, BMU Executive Director, and Laura
Julius, BMU Finance Officer, present. The motion carried by a unanimous vote. A
motion was made by Council Member Corbett, seconded by Council Member Hansen,
to exit Executive Session at 9:49 p.m. The motion carried by a unanimous vote.
Adjourn. A motion was made by Council Member Corbett, seconded by Council
Member Meyer, to adjourn the meeting at 9:51 p.m. The motion carried by a unanimous
vote.
CITY OF BROOKINGS
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
Brookings City Council
November 17, 2015 (unapproved)
The Brookings City Council held a Study Session on Tuesday, November 17, 2015 at
5:00 p.m., at City Hall with the following members present: Mayor Tim Reed, Council
Members Keith Corbett, Dan Hansen, Ope Niemeyer, Scott Meyer, Patty Bacon, and
Jael Thorpe. City Attorney Steve Britzman, City Manager Jeffrey Weldon, and City
Clerk Shari Thornes were also present.
Discussion topics included Indoor Rec Center Ad Hoc Committee Report, SDSU
Performing Arts Center Expansion Funding Request, Update on Encouraging Minorities
to Apply for Employment, Update on Language Translation Availability, Update on
Various Boards, Committees, and Commissions Residency Requirements, Update on
Review of Residential parking Requirements in Comparison to other University
Communities, Study of Public Parking Lots in the Core Business Districts, and City
Council Ex-Officio Reports.
Adjourn. A motion was made by Council Member Corbett, seconded by Council
Member Meyer to adjourn the meeting at 7:22 p.m. The motion carried by a unanimous
vote.
CITY OF BROOKINGS
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
Brookings City Council
November 24, 2015 (unapproved)
The Brookings City Council held a meeting on Tuesday, November 24, 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 Niemeyer, to approve the Consent Agenda. The motion carried by the
following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Meyer, Thorpe, and Bacon.
3.A. Action to approve the agenda.
3.B. Action to approve the October 20 and October 27 City Council Minutes.
3.C. Action on Resolution 15-112, a Resolution approving Change Order No. 1
(Final) for 2015-01SWR, Concrete Maintenance and Overlay Project.
Resolution 15-112 - Resolution authorizing Change Order No. 1 (Final) for 2015-
01SWR Concrete Maintenance Project; Thorstad Companies
Be It Resolved by the City Council that the following change order be allowed for
2015-01SWR, Concrete Maintenance Project:
Construction Change Order Number 1 (Final): Adjust plan quantities to as-constructed
quantities for a total increase of $1,555.36 and increase contract completion date by 6
working days to close out the project.
Proclamation. Mayor Reed declared November 28, 2015 as Small Business Saturday.
Chamber Report. David Merhib, Executive Director, presented the Council with a
Quarterly Report.
Resolution 15-113. A motion was made by Council Member Corbett, seconded by
Council Member Niemeyer, that Resolution 15-113, a Resolution awarding the contract
for an Automated Garbage Truck, be approved. The motion carried by the following
vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon.
Resolution 15-113 - Resolution Awarding Bids for Automated Garbage Truck
Whereas, the City of Brookings received two bids on November 10, 2015 for one
Automated Garbage Truck:
Company Bid Price Trade-In Total Cost
Sanitation Products, Inc.
Sioux Falls, SD
$269,232.00 $25,000.00
$244,232.00
Northern Truck
Sioux Falls, SD
$271,318.00 $21,318.00
$250,000.00
Now Therefore, Be It Resolved that the bid from Sanitation Products, Inc. in the amount
of $244,232.00 be accepted.
Liquor Store Lease Renewal Option. A motion was made by Council Member
Niemeyer, seconded by Council Member Hansen, to exercise the Lease Renewal
Option for Eastside Commons for the Liquor Store location. The motion carried by the
following vote: Yes: 7 - Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon.
First Reading – Ordinance 15-020. Introduction and First Reading on Ordinance 15-
020, an Ordinance amending the Zoning Ordinance of the City of Brookings and
pertaining to an Animal Hospital and Crematorium for the purposes of administration of
the Zoning Ordinance. Public Hearing: December 8, 2015.
First Reading – Ordinance 15-021. Introduction and First Reading on Ordinance 15-
021, an Ordinance authorizing a Supplemental Appropriation to the 2015 Budget for the
City of Brookings, SD. Public Hearing: December 8, 2015.
First Reading – Ordinance 15-025. Introduction and First Reading on Ordinance 15-025,
an Ordinance amending Article II of Chapter 22 of the Code of Ordinances of the City of
Brookings and pertaining to the adoption of the 2015 International Building Code, the
2015 International Residential Code, the 2015 International Mechanical Code, the 2015
International Fire Code, and the 2015 International Existing Building Code with certain
amendments thereto. Public Hearing: December 8, 2015.
First Reading – Ordinance 15-022. Introduction and First Reading on Ordinance 15-022,
an Ordinance amending Chapter 14 of the Code of Ordinances of the City of Brookings,
South Dakota to include provisions pertaining to the keeping of chickens in the City of
Brookings. Public Hearing: December 8, 2015.
Ordinance 15-023. A motion was made by Council Member Hansen, seconded by
Council Member Corbett, that Ordinance 15-023, an Ordinance amending Division 5 of
Chapter 2 of the Code of Ordinances of the City of Brookings South Dakota, and
pertaining to Terms of Office of Members of the Sustainability Council of the City of
Brookings, be approved. The motion carried by the following vote: Yes: 7 - Reed,
Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon.
Preliminary Plat. A motion was made by Council Member Hansen, seconded by
Council Member Corbett, that Preliminary Plat of Wilbert Square Addition, SW ¼,
Section 19-T110N-R49W, be approved. The motion carried by the following vote: Yes: 7
- Reed, Corbett, Hansen, Niemeyer, Thorpe, Meyer, and Bacon.
Affordable Housing Task Force. A motion was made by Council Member Bacon,
seconded by Council Member Niemeyer, that creation of an Affordable Housing Task
Force be approved. Friendly amendment offered by Mayor Reed: Replace lines 1 and 6
with “Meetings shall be held at least monthly for a duration not to exceed 24 months
from the first meeting.” Bacon & Niemeyer agreed to the amendment. 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 Meyer, seconded by Council Member
Corbett, to adjourn the meeting at 6:41 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 2015-0709,Version:1
Action on various appointments to City Boards, Committees and Commissions.
Summary:
Mayor Tim Reed has submitted the following appointment recommendations for City Council advice
and consent:
Board of Adjustment
Number of positions:1
Term Length:3 years
Residency Requirement: Required or reside within Joint Jurisdictional Area
The Board of Adjustment has the authority to act on variances or special exceptions to the zoning
ordinance. Four of the five members must vote in the affirmative for a motion to pass.
Mayor’s Recommendation:
1.Move Lynn James Mennis from 1st Alternate to Kidwiler’s position
2.Move Eric Youmans from 2nd Alternate to 1st Alternate
3.Appoint George Houtman as 2nd Alternate
Board of Appeals
Number of positions:2
Term Length:5 years
Residency Requirement:Not Required
The function of the Board of Appeals is to hear and decide on appeals or orders, decisions or
determinations made by the city building officials relative to the application and interpretation of the
Building Code, and to determine the suitability of alternate materials and methods of construction. All
members of the Board must be qualified by training and experience to pass upon the matters
pertaining to building construction.
Mayor’s Recommendation:
1.Reappoint Spence Hawley
2.Appoint Paul Sahr
Brookings Committee for People who have Disabilities
Number of positions:1
Term Length:3 years
Residency Requirement:Required for 7 members
The Brookings Committee for People who have Disabilities strives to advocate for the rights of
people who have disabilities in our community. Throughout the year, specific events are held to bring
awareness and information to our citizens. Technical assistance is provided to the business
community, private individuals, governmental entities and nonprofit organizations. This is a service
not provided by any other entity in Brookings. The goals of this service are to improve the quality of
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life for people who have disabilities through enhancing the knowledge base of entities in the
community; and to further serve as a community-based advocacy group enhancing the ability of local
entities to comply with Federal Civil Rights legislation.
Mayor’s Recommendation:
1.Reappoint Sylvia Buboltz
Brookings Health Systems Board of Trustees
Number of positions:3
Term Length:3 years
Residency Requirement:Must be a resident of Brookings County
The Brookings Health System Board of Trustees is an administrative board responsible for the
planning, operation and evaluation of all hospital and nursing home programs, services and related
organizational activities consistent with the City Charter, Ordinance and facility by laws. (Formerly
called the “Brookings Hospital Board.”)
Mayor’s Recommendation:
1.Reappoint Justin Sell
2.Reappoint Dick Peterson
3.Reappoint Dr. Andrew Ellsworth (Medical Staff Appointment)
Business Improvement District #1 Board
Number of positions:2
Term Length:3 years
Residency Requirement:Not Required
The Business Improvement District #1 Board is responsible to prepare a plan of improvements for a
district and provide improvement recommendations to the City Council. The boundaries of Business
Improvement District #1 are defined as non-contiguous properties to include all hotels/motels with 25
or more rooms situated within the corporate limits of the city of Brookings.
Mayor’s Recommendation:
1.Reappoint Tom Richter
2.Reappoint Jennifer Johnson
Historic Preservation Commission
Number of positions:1
Term Length:3 years
Residency Requirement:Required
The purpose of the Historic Preservation Commission is to allow the city to engage in a
comprehensive program of historic preservation to promote the inspiration, pleasure and enrichment
of the citizens of Brookings through identification, documentation, preservation, promotion, and
development of the city’s historic resources.
Mayor’s Recommendation:
1.Appoint Virginia James
Human Rights Committee
Number of positions:2
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Term Length:3 years
Residency Requirement:Not required
The Human Rights Committee has the power to investigate alleging discrimination. Other programs
include:
·The study of the existence, character, causes and extent of discrimination in employment,
housing and public accommodations, property rights, education and public services.
·Advise and provide a forum for those subjected to unfair and discriminatory practices in the
City and County.
·Advise City officials concerning issues of discrimination.
·Conducting educational programs and disseminates information to further the committee’s
policy to eliminate discrimination in the city.
Mayor’s Recommendation:
1.Reappoint Penny Hauffe
2.Appoint Laura Renee Chandler
Library Board
Number of positions:1
Term Length:3 years
Residency Requirement:Required
The Library Board is responsible for the appointment of the Librarian, the conduct of business and
development of policies for the Brookings Public Library materials, the governance of the library and
the use of the public library services and materials.
Mayor’s Recommendation:
1.Appoint Deb Waltman
Planning Commission
Number of positions:3
Term Length:5 years
Residency Requirement:Required
The City Planning Commission is responsible for the comprehensive plan for the physical
development of the city, including areas outside the boundaries of the city and within the planning
jurisdiction.
Mayor’s Recommendation:
1.Appoint Alan Johnson
2.Appoint Sara Lum
3.Appoint Tanner Aiken (updated 12.14.2015)
Sustainability Council
Number of positions:5
Term Length:3 years
Residency Requirement:Required for Majority
The purpose of the Sustainability Council is to investigate, propose, educate, communicate, and
advocate investment strategies and policies that will improve our future qualities of life while still
meeting the needs of the present.
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Mayor’s Recommendation:
1.Reappoint Paul Peterson
2.Reappoint Norma Nusz Chandler
3.Reappoint Benjamin Kleinjan
4.Reappoint Stephanie Aure (updated 12.14.2015)
5.Reappoint Alvaro Garcia (updated 12.14.2015)
Swiftel Center Advisory Committee
Number of positions:1
Term Length:3 years
Residency Requirement:Not required
The Swiftel Center Advisory Committee shall act only in an advisory capacity to the city council,
however it shall, in particular, advise the city concerning marketing, operational issues and
management of the Swiftel Center, and in particular, shall advise and assist the city in the
performance of contracts between the City of Brookings and County of Brookings, and between the
City of Brookings and the firm managing the Swiftel Center and which concern the Swiftel Center.
Mayor’s Recommendation:
1.Reappoint Rod Schaefer
Traffic Safety Committee
Number of positions:4
Term Length:3 years
Residency Requirement:The majority of the members shall be residents of the city.
The Traffic Safety Committee will develop and implement coordinated traffic safety programs that
meet local needs; acting in an advisory capacity to the City Manager, City Engineer and the City
Council as a whole in the coordination of traffic safety activities of the official agencies and
departments of the City of Brookings; establishing safety priorities for the City; reviewing and
approving project applications for funding; serving in a liaison capacity between the City of Brookings
and the South Dakota Highway Safety Program in developing the State Highway Safety Program and
in meeting the National Highway Safety Program Standards; promoting public acceptance of official
programs proposed or instigated by the City; fostering public knowledge and support of traffic law
enforcement and traffic engineering problems; cooperating with city schools in promoting educational
traffic safety aids; educating the public in traffic safety; and generally aiding the overall reduction of
traffic accidents, injuries and deaths on the city streets.
Mayor’s Recommendation:
1.Reappoint Gregg Jorgenson (Citizen-at-Large)
2.Reappoint Shayn Damm (Jogger / Bicyclist)
3.Reappoint Matt Bartley (Street Dept. designee)
4.Reappoint Skip Webster (Automobile Insurance)
Recommendation:
Staff recommends approval.
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City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 2015-0767,Version:1
Action to approve Volunteer Listing for Work Comp Coverage.
Summary:
Please review for approval the listing of Volunteers for City of Brookings for December 2015 and it is
the intent of the City Council to cover these volunteers for work comp purposes pursuant to SDCL 62
-1.5.1.The official volunteer list is on file at the City Clerk office.
Recommendation:
Staff recommends approval.
Attachments:
Volunteer list
City of Brookings Printed on 12/10/2015Page 1 of 1
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Brookings City Dakota Nature Park Volunteers
Aaron Knowdki
Jordan Hilbert
Allison Siver
Tanna Becker
Taryn Ragels
Colleen Nelson
Andrea Beurclhona
Kira Loftesness
Paige Venard
Austin Green
Hope Gauger
Keahna Fenwick
Shawn Broderick
Ian Rinken
Ben Carper
Tyler Hansen
Ross Julson
Jesse Alberts
Matthew Schmit
Caleb McKinley
Justin Perry
Ben Margeson
Brookings City EdgeBrook Golf Course Volunteers
Raejean Gee
Brookings City Fire Dept. Volunteers
Volunteer Firefighters
Major Anderson
Kurt Athey
Tim Austin
Kevin Banken
Dan Bruna
Bret Christianson
Tom Coughlin
Mandi Cramer
Roger DeBates
Gary DeBeer
Tyler Frick
Kody Grimmm
Monte Gummer
Tyler Hageman
Scott Hallan
Bill Hardin
Bob Heitkamp
Kevin Hilmoe
Dalton Holm
Mike Jensen
Dave Koch
Jim Kriese
Mike Lambertus
Brett Lawrence
Brandon Long
Joshua Mann
Lori Mergen
Dave Miller
Dave Owens
Jeremy Paulsen
Keven Perry
Steven Rensink
Scott Rentschler
Jared Runge
Pastor Tim Rynearson (Fire Chaplain)
Rob Schuneman
Jeremy Scott
Michael Scott
Tabithia Scott
Darin Sinner
Luke Speakman
Curt Teal
Nathan Vandersnick
Adam Vaux
Rainer Westall
Fabian Ysker
Fire Dept. Auxiliary Members
Cathy Bolzer
Sarita Hartmann
Leanne Banken
Tammy Bruna
Jen Christianson
Barb DeBeer
Sheila Gummer
Diane Kriese
Katie Lambertus
Jaque Mann
Debbie Perry
Deshawn Scott
Amber Vandersnick
Camrin Vaux
Brookings City Library Volunteers
Youth
Katelyn Kubasek
Jenny Jin
Luke Vanderzee
Tasnim Hamad
Holly Hopkins
Aarushi Rohila
Adults
Deborah McCuin
Harriet Svec
Dora Harste
Sandra Ballou
Mary McCaa
Mason Wheeler
Ellen Herrboldt
Karen Sween
Norma Nielsen
Brookings City Police Dept. Reserve Unit
Jim McDaniel
Robert Jorenby
Keven Perry
Justin Borns
Joshua Mann
Steve Hougland
Jaque Mann
Mark Anawski
Mark Reif
Brookings City Landfill
Jeremy Johnson
Carter Johnson
Nicole Klein
Raymond Klein
Karsyn Ovall
Bev Chapman
Kaylyn Chapman
Kristie Thompson
Leane Thompson
Eason Overbo
Ryan Overbo
Micah Overbo
Dan Overbo
Laura Overbo
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 15-128,Version:1
Action to approve Resolution 15-128, a Resolution authorizing Change Order No. 1, Final, for 2015-
08STI Street Maintenance and Overlay Project, Bowes Construction, Inc.
Summary:
This resolution will approve Change Order No. 1, Final, for 2015-08STI Street Maintenance and
Overlay Project.
Background:
This project is the annual street maintenance project which included asphalt milling, digouts and
overlays on various streets in Brookings. The following streets were included with this project:
·34th Avenue between 6th Street and Highway 14 Bypass: digout, milling, asphalt overlay and
plastic pavement striping
·32nd Avenue between 6th Street and the R & T driveway: milling and asphalt overlay
·5th Street South between Main Avenue South and Medary Avenue South: milling and asphalt
overlay
·Powderhorn Pass from Summit Pass to the south approximately 200 feet: milling and asphalt
overlay
·Swiftel Center Parking Lot: drain tile and asphalt overlay in the southwest corner of the south
parking lot
·Bike Trail asphalt overlay on two bike trails near 22nd Avenue
·Airport: The project originally included milling and asphalt overlay on taxilanes near the hangar
area. The project was changed to include constructing a new taxilane for hangar development
instead of the taxilane overlay. The taxilane overlay will be completed in 2016.
This change order will adjust bid quantities to as-constructed quantities and for additional work to
construct the airport taxilane for a total decrease of $78,951.29 to close out the project. The
decrease is primarily due to fewer digouts on 34th Avenue and less asphalt than was in the plan
quantities. The deadline for this project was October 23, 2015 which the contractor would have met
except that it rained on that day. This change order will extend the contract substantial completion
date by 1.25 working days due to rain.
Original Contract Price:$783,109.00
Increase from Previously Approved Change Orders:$0.00
Contract Price Prior to this Change Order:$783,109.00
Decrease of this Change Order (No. 1):$78,951.29
Contract Price incorporating this Change Order:$704,157.71
Fiscal Impact:
There will be a reduction of $78,951.29 to the contract.
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File #:RES 15-128,Version:1
Recommendation:
Staff recommends approval.
Attachments:
Resolution
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Resolution 15-128
Resolution Authorizing Change Order No. 1, Final, for
2015-08STI Street Maintenance and Overlay Project; Bowes Construction, Inc.
Be It Resolved by the City Council that the following change order be allowed for 2015-
08STI, Street Maintenance and Overlay Project:
Construction Change Order Number 1 (Final): Adjust plan quantities to as-
constructed quantities and for additional work to construct an airport taxilane for
a total decrease of $78,951.29 and extend the contract substantial completion
date by 1.25 working days to close out the project.
Passed and approved this 15th day of December, 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 15-127,Version:1
Action on Resolution 15-127, a Resolution awarding a Contract for Purchase of One New Snow
Blower for the Street Department.
Summary:
The Street Department has received a quote for one new Sno-Go MP series snow blower from
Sanitation Products, Inc. through the National Joint Powers Alliance. The contract price for the snow
blower will be $127,331.00. Selected options total $14,920.00 bringing the total purchase price to
$142,251.00. The new snow blower will replace a 1997 Sno-Go snow blower. Delivery and payment
will be made after January 1, 2016.
Fiscal Impact:
The capital budget for the expenditure of one snow blower is $138,000.00. Savings from the
purchase of one new pickup in 2016 will make up for the overage of the new snow blower.
Recommendation:
Staff recommends approval.
Attachments:
Resolution
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Resolution 15-127
Resolution Award ing a Contractor for Purchase of
One New Snow Blower for the Street Department
Whereas, the City of Brookings has sought and received the following quote for One
New Sno-Go MP Series Snow Blower from Sanitation Products, Inc. through the
National Joint Powers Alliance:
The contract price for the Snow Blower will be $127,331.00. Selected options
total $14,920.00 bringing the total purchase price to $142,251.00; and
Whereas, this Snow Blower will replace a 1997 Sno Go Snow Blower with delivery and
payment made after January 1, 2016; and
Whereas, the capital budget for the expenditure of one Snow Blower is $138,000.00.
Now Therefore, Be It Resolved that the contract from Sanitation Products, Inc. in the
amount of $142,251.00 be accepted.
Passed and approved this 15th day of December, 2015.
CITY OF BROOKINGS
________________________________
Tim Reed, Mayor
ATTEST:
_________________________
Shari Thornes, City Clerk
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ORD 15-024,Version:1
Introduction and First Reading on Ordinance 15-024, an Ordinance amending Chapter 26 of the
Code of Ordinances of the City of Brookings, South Dakota to include the regulation of
Transportation Network Companies in the City of Brookings. Public Hearing: January 12, 2016.
Summary:
The enclosed Ordinance would amend Chapter 26 of the City’s Code of Ordinances to include for the
regulation of Transportation Network Companies in the City of Brookings.
A “ride-sharing” or Transportation Network Company (TNC) is a company that uses an online-
enabled platform to connect passengers with drivers using their personal, non-commercial, vehicles.
TNCs do not actually provide transportation services, but only serve to connect the provider with the
user.
The TNC organizes “prearranged” transportation services by using a smart phone application to
connect for-hire drivers using their personal vehicles with riders. Industry leaders include, Uber, Lyft,
and Sidecar. Each of these companies retain a maximum of 20% of the fare the user pays with his
or her credit card through the app and forwards the remainder to the driver's account.
Background:
Rides from a TNC are requested via a smart phone app by a pre-registered customer. Customers
establish an online account with credit card payment information prior to requesting a ride and
download an “app” on their smart phone. Customers enter their location and desired destination.
The app provides a map view of available drivers, real-time locations, and proximity to the customer.
Cash is never paid to the driver and there is no tipping.
TNC drivers set their own schedule and can use their personal vehicle. Drivers sign up online with
TNCs. The TNC conducts a motor vehicle and criminal background check. Some companies
mandate that vehicles cannot exceed 10 years in age.
TNC requirements in cities and states vary greatly. The City Attorney, City Clerk, and Police Chief
have reviewed a number other cities that have created ordinances to allow for TNCs and have made
the following recommendations for additional insurance and background checks for public safety
reasons.
TNC providers must:
1.Obtain a license from the city
2.Provide required insurance
3.Identify all its drivers
TNC drivers must:
1.Obtain a city license
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2.Undergo local background checks
3.Adhere to local standards of conduct
4.Pass local vehicle inspection by the Police Department
Proposed standards of conduct for drivers for all taxi or TNC drivers will include:
·You must have a valid for-hire driver's license and valid driver's license while operating the
vehicle.
·You must carry proof of insurance in your vehicle while operating it.
·You must not operate a taxicab, for-hire vehicle, or TNC vehicle when its license has been
suspended or revoked.
·You must not be in control of a taxicab, TNC vehicle, or for-hire vehicle for more than 12 hours
spread over a total of 15 hours in any 24-hour period. After that, you must not drive any for-
hire vehicle until 10 consecutive hours have passed.
·You must check after each trip for items left behind by passengers and report and return such
items to the company or association's lost-and-found.
·You must operate your vehicles with due regard for the safety, comfort and convenience of
passengers.
·You must accept passengers who are accompanied by service animals.
·You must maintain records of trips and other required information each week.
·No alcohol. You must not drink any alcoholic beverage while on duty or less than eight hours
prior to going on duty; you may not possess an open or unsealed container of alcoholic
beverages while on duty.
·You must not use your vehicle for solicitation of prostitution or for the solicitation,
transportation, sale or any activity related to illegal drugs.
·No littering.
·You must not smoke in the vehicle.
·You must not use offensive language, expressions or gestures to any person while driving,
operating, picking up customers or in control of a taxicab, transportation network company
vehicle or for-hire vehicle.
·You must not use a mobile phone unless it is in hands-free mode.
·You must report accidents that occur while operating a taxicab, for-hire vehicle or
transportation network vehicle immediately to the Brookings Police Department, as required,
and within 3 days to the Brookings City Clerk’s Office.
A separate resolution setting the TNC licensing fee would be required if the ordinance is approved.
Attachments:
Ordinance
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Ordinance 15-024
An Ordinance Amending Chapter 26 of the Code of Ordinances of the City
of Brookings, South Dakota to include the regulation of Transportation Network
Companies in the City of Brookings.
Be It Ordained and Enacted by the Council of the City of Brookings, State of South
Dakota, as follows:
I.
Section 26-181 of Chapter 26 of the Code of Ordinances of the City of Brookings is
hereby amended as follows:
Sec. 26-181. – Definitions.
The following words, terms and phrases, when used in this chapter, shall have the
meanings provided in this section, except where the context clearly indicates a different
meaning:
Limousine means any motor vehicle which has a passenger compartment that can be
sealed from the driver's compartment, with a seating capacity of at least six persons, not
including the driver, which is not traveling any definite or prescribed route and is
operated by a driver.
Operator means a person engaged in business as an operator of a taxicab.
Taxicab means a motor vehicle for carrying passengers, with a seating capacity for
seven persons or less, not including the driver, which is not traveling any definite or
prescribed route, is operated by a driver carrying or accepting passengers for hire, but
does not include funeral cars, limousines, buses, ambulances, wheelchair transport
vehicles, and a personal vehicle operated by a Transportation Network Company
(“TNC”) driver as defined in Division 5 of this Chapter.
Vehicle for hire means any taxicab as defined in this chapter, not including a personal
vehicle operated by a TNC driver.
II.
Chapter 26 of the Code of Ordinances of the City of Brookings is hereby amended to
include Division 5 as follows:
Division 5. – Transportation Network Companies (“TNC”)
Sec. 26-280. - Definitions.
Digital Network. Any online-enabled application, software, website, or system offered or
2
utilized by a TNC that enables the prearrangement of rides with TNC Drivers.
TNC Driver. A person who drives a vehicle for a Transportation Network Company.
Personal Vehicle. A vehicle that is used by a TNC Driver and is: Owned, leased, or
otherwise authorized for use by the TNC Driver; and which is not a taxicab, limousine or
vehicle for hire.
Prearranged Ride. The provision of transportation by a driver to a rider, beginning when
a driver accepts a ride requested by a rider through a Digital Network controlled by a
TNC, continuing while the driver transports a requesting rider, and ending when the last
requesting rider departs from the Personal Vehicle. A Prearranged ride does not include
transportation provided by a taxicab or vehicle for hire.
Transportation Network Company or TNC. An entity licensed pursuant to this Chapter
that uses a digital network to connect passengers to Transportation Network Company
Services provided by Transportation Network Company Drivers. A TNC shall not be
deemed to control, direct or manage the Personal Vehicles or TNC Drivers, except
where agreed to by written contract.
Transportation Network Company Driver or TNC Driver. An individual who operates a
personal vehicle who:
a) Receives connections to potential passengers and related services from a TNC
in exchange for payment of a fee to the TNC; and
b) Uses a Personal Vehicle to offer or provide a prearranged ride to riders upon
connection through a Digital Network controlled by a Transportation Network
Company in return for compensation or payment of a fee.
Sec. 26-281. – Requirements for a Transportation Network Company.
a) Inspection Required. No vehicle may be operated by a TNC Driver within the City
until it has been thoroughly and carefully tested and inspected and found to be in
a safe condition for the transportation of passengers. It is the duty of each TNC
Driver to submit to the chief of police for inspection each vehicle at any time upon
complaint, and the police department may also inspect such TNC vehicles at
other times as it deems necessary.
b) No Street Hails. A TNC Driver shall not solicit or accept street hails.
c) No Cash Trips. The TNC shall adopt a policy prohibiting solicitation or
acceptance of cash payments or other compensation directly from passengers
and notify TNC Drivers of such policy. TNC Drivers shall not solicit or accept
cash payments or other compensation directly from passengers. Any payment for
TNC Services shall be made only electronically using the TNC’s digital network
or software application.
3
d) Fare Collected for Services. On behalf of a TNC Driver, a TNC may charge a fare
for the services provided to passengers; provided that, if a fare is collected from
a passenger, the TNC shall disclose to passengers the fare calculation method
on its website or within the software application service. The TNC shall also
provide passengers with the applicable rates being charged and the option to
receive an estimated fare before the passenger enters the TNC Driver’s vehicle.
e) Identification of TNC Vehicles And Drivers. The TNC’s software application or
website shall display a picture of the TNC Driver, and the license plate number of
the motor vehicle utilized for providing the TNC Service before the passenger
enters the TNC Driver’s vehicle.
f) Electronic Receipt. Within a reasonable period of time following the completion of
a trip, a TNC shall transmit an electronic receipt to the passenger on behalf of the
TNC driver that lists:
a. The origin and destination of the trip;
b. The total time and distance of the trip; and
c. An itemization of the total fare paid, if any.
g) Records. A TNC shall maintain the following records:
a. Individual trip records of passenger customers for at least one (1) year
from the date each trip was provided; and
b. Individual records of TNC Driver customers at least until the one year
anniversary of the date on which a TNC Driver's customer relationship
with the TNC has ended.
h) Record Inspection Authority.
a. The city has the authority to inspect the records of the TNC as necessary
to investigate an alleged crime or violation of this chapter; accident
involving a TNC driver; or for other good cause. The TNC shall cooperate
with the city to facilitate the exchange of relevant information required in
an investigation. The city shall provide advance written notice at least
seven days prior to any inspection, which shall be conducted at a mutually
agreed upon third-party location, or pursuant to court order, grand jury, or
investigative subpoena.
b. Any record or information made available by the TNC to the city pursuant
to this chapter is confidential and proprietary, and shall not be made public
without TNC’s express written permission. If the city is required to disclose
confidential information under court order or other applicable law, the city
shall promptly notify the TNC of such requirement, prior to disclosure, and
shall make diligent efforts to limit disclosure pursuant to any available
basis in South Dakota open records law or other applicable law.
Sec. 26-282. – Application for Transportation Network Company License and
Insurance.
4
a) License Required. A person shall not operate a TNC in Brookings without first
having obtained a license from the City Clerk. The city shall grant a TNC license
if satisfied that the applicant has complied with all of the terms and provisions of
this chapter and if the evidence submitted in support of the application meets the
conditions precedent to granting the license.
b) Certificate of Insurance. Before any TNC license is issued, or any existing license
is renewed, an insurance certificate or policy of insurance issued by a
responsible insurer providing the coverage required by Sec. 26-283 covering the
vehicles to be operated by the TNC and TNC Driver shall be filed with the City
Clerk. The policy or certificate of liability insurance required by this ordinance
shall be approved by the City prior to issuance of the TNC license.
c) License Insurance. The City Clerk shall issue a license to each applicant that
meets the requirements for a TNC set forth in this Chapter, and pays to the City
an annual permit fee as established by Resolution of the City. A licensing year,
for the purposes of this section, begins January 1 and ends December 31 of the
next year.
d) Application Requirements. The application shall include:
1. The name and address of applicant;
2. Trade name if any under which the license is to be exercised;
3. If a partnership, the name and address of each partner;
4. If a corporation, the names and addresses of the officers;
5. Description of the activity to be carried on under the license;
6. The name and contact information for an agent to be maintained for
service of process in the State of South Dakota.
7. The applicant provides proof of sales tax license if applicable.
8. All required certificates of insurance.
e) Identification of TNC Drivers. At the time of initial licensing and on a quarterly
basis, a TNC shall submit to the city a list of driver’s license numbers and the
State of issuance for each active driver.
Sec. 26-283. – Hold Harmless/Indemnification and Insurance Requirements –
Transportation Network Company.
(a) Financial Responsibility of Transportation Network Companies.
1. Indemnification and Hold Harmless. Transportation Network Companies
must agree to indemnify and hold the City of Brookings, its officers,
agents, and employees, harmless from and against any and all actions,
suits, damages, liability or other proceedings that may arise as the result
of performing services hereunder. This section does not require
Transportation Network Companies to be responsible for or to defend
5
against claims or damages arising solely from errors or omissions of the
City of Brookings, its officers, agents, or employees.
2. General Commercial Liability Insurance. Transportation Network
Companies shall maintain occurrence based commercial general liability
insurance or equivalent form with a limit of not less than $1,000,000 for
each occurrence. If such insurance contains a general aggregate limit, it
shall apply separately to this Agreement or be no less than two times the
occurrence limit. Such insurance shall add the City of Brookings and its
employees as additional insureds.
3. Workers Compensation. Transportation Network Companies shall procure
and maintain workers’ compensation and employers’ liability as required
by South Dakota law.
(b) Automobile Liability Insurance. A Transportation Network Company Driver or
Transportation Network Company on the driver’s behalf shall maintain primary
automobile insurance that:
1. Recognizes that the driver is a Transportation Network Company Driver or
otherwise uses a vehicle to transport passengers for compensation and
covers the driver:
a. While the driver is logged onto the Transportation Network Company’s
Digital Network; or
b. While the driver is engaged in a prearranged ride.
2. The following automobile insurance requirements shall apply while a
participating Transportation Network Company Driver is logged onto the
Transportation Network Company's Digital Network and is available to
receive transportation requests but is not engaged in a prearranged ride:
a. Transportation Network Companies shall maintain primary business
automobile liability insurance with a limit of not less than $1,000,000
each accident for death, bodily injury and property damage; Such
insurance shall include coverage for owned, hired, and non-owned
vehicles.
b. Uninsured and underinsured motorist coverage at the minimum limits
required by SDCL § 58-11-9.4.
c. The coverage requirements of this subsection may be satisfied by any
of the following:
1) Automobile insurance maintained by the Transportation Network
Company Driver; or
2) Automobile insurance maintained by the Transportation Network
Company; or
6
3) Any combination of subparagraphs (1) and (2).
3. The following automobile insurance requirements shall apply while a
Transportation Network Company Driver is engaged in a prearranged ride:
a. Transportation Network Companies shall maintain primary business
automobile liability insurance with a limit of not less than $1,000,000
each accident for death, bodily injury and property damage; Such
insurance shall include coverage for owned, hired, and non-owned
vehicles.
b. Uninsured and underinsured motorist coverage at the minimum limits
required by SDCL § 58-11-9.4.
c. The coverage requirements of this subsection may be satisfied by any
of the following:
1) Automobile insurance maintained by the Transportation Network
Company Driver; or
2) Automobile insurance maintained by the Transportation Network
Company; or
3) Any combination of subparagraphs (2) and (3).
4. If insurance maintained by driver in Section (a) has lapsed or does not
provide the required coverage, insurance maintained by a Transportation
Network Company shall provide the coverage required by Section (a)
beginning with the first dollar of a claim and the Transportation Network
Company shall have the duty to defend such claim.
5. Coverage under an automobile insurance policy maintained by the
Transportation Network Company shall not be dependent on a personal
automobile insurer first denying a claim nor shall a personal automobile
insurance policy be required to first deny a claim.
6. Insurance required by Section (a) may be placed with an insurer licensed
in the state or with a surplus lines insurer eligible under Chapter 58-32 of
the South Dakota Insurance Code.
7. A Transportation Network Company Driver shall carry physical or digital
proof of coverage satisfying Section (a) at all times during the Driver’s use
of a vehicle in connection with a Transportation Network Company’s
Digital Network. In the event of an accident, a Transportation Network
Company Driver shall provide this insurance coverage information to the
directly interested parties, automobile insurers and investigating police
officers, upon request pursuant to Chapter 32-35 of the South Dakota
Insurance Code. Upon such request, a Transportation Network Company
Driver shall also disclose to directly interested parties, automobile
7
insurers, and investigating police officers, whether the Driver was logged
onto the Transportation Network Company's Digital Network or on a
Prearranged Ride at the time of an accident.
8. In a claims coverage investigation, Transportation Network Companies
shall cooperate to facilitate the exchange of relevant information with
directly involved parties and any insurer of the Transportation Network
Company Driver if applicable, including the precise times that a
Transportation Network Company Driver logged on and off of the
Transportation Network Company’s Digital Network in the twelve hour
period immediately preceding and in the twelve hour period immediately
following the accident and disclose to one another a clear description of
the coverage, exclusions and limits provided under any automobile
insurance maintained under Section (a).
9. A TNC automobile insurance policy shall not be modified or canceled
without 30 days' actual notice to the city clerk.
10. The cancellation or other termination of any required automobile
insurance policy shall automatically revoke and terminate all licenses
issued for the TNC, unless another policy(ies), complying with this section,
shall be provided and in effect at the time of such cancellation or
termination.
Sec. 26-284. – Transportation Network Company Driver Requirements.
(a) License Required. Transportation Network Company Drivers shall be required to
obtain a license from the city. No person may drive a vehicle for a TNC without
first obtaining a license as a TNC driver.
(b) Age requirement. No TNC driver’s license may be issued under the provisions of
this ordinance to any person who is under the age of 18 years.
(c) Application. Any person desiring a TNC driver’s license required by this
ordinance shall make written application upon forms provided by the city clerk.
(d) Investigation of applicant by chief of police. Upon receiving a completed
application for a TNC driver’s license required by this ordinance, the city clerk
shall promptly deliver the application to the chief of police, who may review the
States of prior residence, and the qualifications and fitness of the applicant to
obtain a TNC driver’s license. Upon such inquiry, the police chief shall endorse
upon the application their recommendation for approval or disapproval of the
application and return the application to the city clerk. The chief of police shall
consider whether the applicant has a State driver's license that would authorize
operation of a TNC vehicle and whether the applicant has been convicted of a
felony or misdemeanor which has a reasonable relationship to driving a TNC
8
vehicle.
(e) Licensing procedure. After the chief of police has returned the license application
to the city clerk, the issuance of such license shall be discretionary with the city
clerk and a license may be issued only upon the approval of the city clerk. The
city clerk shall consult, as necessary, the police chief concerning any applicant.
(f) Revocation. Any license or temporary permit issued under this division may be
revoked by the city clerk for a violation by the licensee of any applicable provision
of State law, city ordinance or rule or regulation of the city, or for other good
cause.
(g) Notices to chief of police. The city clerk shall notify the chief of police of the
issuance or revocation of any license under the provisions of this ordinance.
(h) Display of license. Each holder of a license issued under this division shall
continuously display the license certificate in a conspicuous manner in the
vehicle.
(i) If a TNC driver meets the requirements of this chapter, a TNC may allow access
for that TNC driver to the TNC’s digital network. Before allowing an individual to
accept trip requests through a TNC’s digital platform:
1. The individual shall submit an application to the TNC, which includes
information regarding his or her address, age, driver’s license, driving history,
motor vehicle registration, automobile liability insurance, and other
information required by the TNC;
2. The TNC shall have a third party conduct a local and national criminal
background check for each applicant that shall include:
a. Multi-State/Multi-Jurisdiction Criminal Records Locator or other similar
commercial nationwide database with validation (primary source search);
and
b. National Sex Offender Registry database;
3. The TNC shall obtain and review a driving history research report for such
individual.
(j) The TNC shall not permit an individual to act as a TNC Driver on its digital
platform who:
1. Has had more than three traffic offenses in the prior three-year period, or one
major violation in the prior three-year period (including, but not limited to,
attempting to elude the police, reckless driving, hit/run or leaving the scene,
or driving on a suspended or revoked license);
9
2. Has been convicted, within the past seven years, of driving under the
influence of drugs or alcohol, fraud, sexual offenses, indecent exposure
(Class 1 misdemeanor), use of a motor vehicle to commit a felony, a crime
involving property damage, and/or theft, crimes of violence, felony
possession/distribution of controlled substances or acts of terror;
3. Is a match in the National Sex Offender Registry database;
4. Does not possess a valid driver’s license;
5. Does not possess proof of registration for the motor vehicle(s) used to provide
TNC Services;
6. Does not possess proof of automobile liability insurance for the motor
vehicle(s) used to provide TNC Services; or
7. Is not at least 18 years of age.
(k) The TNC shall prohibit the use or influence of drugs or alcohol by a driver while
providing TNC services requested through the TNC’s digital platform. If a TNC
receives a complaint of such drug or alcohol influence or other activity prohibited in
26-284, the TNC shall:
1. Immediately revoke the driver’s access to the TNC’s digital platform until the
duration of the investigation; and
2. If the complaint is found to be true, the TNC shall permanently revoke the
driver’s license access to the TNC’s digital platform. If the complaint is found
to be untrue, the driver’s access to the TNC’s digital platform may be
immediately reinstalled.
III.
Any or all ordinances in conflict herewith are hereby repealed.
First Reading: December 15, 2015
Second Reading:
Published:
CITY OF BROOKINGS, SD
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 2015-0886,Version:1
Public hearing and action on the transfer of an On-Off-Sale Malt License from Mark Thompson,
owner, MN, LLC, dba Via Italia, to The Dixie, Laura Dixon and LeeAnn Julius, owners, 1300 Main
Ave. So., Brookings, South Dakota, legal description: Lot 1 excluding S 92' of W 40', Block 3,
Fishback Second Addition.
Summary:
The City of Brookings has received an application to transfer the On-Off-Sale Malt License from Mark
Thompson, owner, MN, LLC, dba Via Italia, to The Dixie, Laura Dixon and LeeAnn Julius, owners,
1300 Main Ave. So., Brookings, South Dakota. All required documents have been submitted for this
application.
Background:
A public hearing and action by the local governing body is required to approve all alcohol licenses.
The On-Off Sale Malt License would be effective until to June 30, 2016, and then subject to an
annual renewal. If approved, the application would be forwarded to the State Department of
Revenue for final action and issuance of the license.
Further Information: SDCL 35-2-1.2 provides all applications for retail licenses …shall be submitted
to the governing board of the municipality within which the applicant intends to operate…The
governing board: “shall have discretion to approve or disapprove the application depending on
whether it deems the applicant a suitable person to hold such license and whether it considers the
proposed location suitable.”
SDCL 35-2-6.2 provides the “character” requirements for alcoholic beverage licensees: “Any license
under this title…must be a person of good moral character, never convicted of a felony, and, if a
corporation, the managing officers thereof must have like qualifications.”
Procedure for issuance of licenses: Procedurally, SDCL 35-2-3 provides that “no license for the on
or off-sale at retail of alcoholic beverages…shall be granted to an applicant for any such license,
except after public hearing, upon notice.” SDCL 35-2-5 provides the procedure for the time and
place of hearing and for publication of notice. If an application for a license is refused, “no further
application may be received from a person until after the expiration of one year from the date of a
refused application.”
Recommendation:
Staff recommends approval.
Attachments:
Legal Notice
City of Brookings Printed on 12/10/2015Page 1 of 1
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NOTICE OF PUBLIC HEARING
On-Off Sale Wine and On-Off Sale Malt License Transfer – The Dixie
NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of Brookings,
South Dakota, on December 15, 2015, at 6:00 p.m. in the Brookings City & County
Government Center Chambers, 520 Third Street, will meet in regular session to consider
an application for the transfer of an On-Off Sale Wine and On-Off Sale Malt License from
MN, LLC, dba Via Italia, Mark Thompson, owner, to The Dixie, Laura Dixon and LeeAnn
Julius, owners, 1300 Main Ave. So., Brookings, South Dakota, legal description: Lot 1
excluding S 92' of W 40', Block 3, Fishback Second Addition. At which time and place all
persons interested will be given a full, fair and complete hearing thereon.
Dated at Brookings, South Dakota, this 8th day of December, 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 #:RES 15-129,Version:1
Public hearing and action on Resolution 15-129, a Resolution authorizing the City Manager to enter
into an Operating Agreement for an On-Off-Sale Wine License for The Dixie, Laura Dixon and
LeeAnn Julius, owners, 1300 Main Ave. So., Brookings, South Dakota, legal description: Lot 1
excluding S 92' of W 40', Block 3, Fishback Second Addition.
Summary:
The City of Brookings received an application to transfer the On-Off Sale Wine License from MN,
LLC, dba Via Italia, Mark Thompson, owner, to The Dixie, Laura Dixon and LeeAnn Julius, owners,
1300 Main Ave. So., Brookings, South Dakota, legal description: Lot 1 excluding S 92' of W 40',
Block 3, Fishback Second Addition. An Operating Agreement is required for Liquor and Wine
Licenses. This Resolution allows the City Manager to enter into the first five years of the 10-year
Agreement, effective through 2021.
Background:
A public hearing and action by the local governing body is required for all alcohol licenses. This
license would be effective until December 31, 2016 and then subject to an annual renewal. If
approved, the application would be forwarded to the State Department of Revenue for final action
and issuance of the license. Staff recommends approval.
Listed below is specific information related to on-sale alcohol license request and other procedures
that are following with an application.
City Ordinances:
Listed below is Chapter 6, Article 2, Section 6-42 of the City Code of Ordinances pertaining to
Application Review Procedure. The city council shall review all applications submitted to the city for
available on-sale alcoholic beverage agreements and for all alcoholic beverage licenses in
accordance with SDCL 35-2 and in accordance with the following factors:
1)Type of business which applicant proposes to operate: on-sale alcoholic
beverage operating agreements and on-sale alcoholic beverage licenses may not be issued to
convenience grocery stores, gas stations, or other stores where groceries or gasoline are sold
unless it can be established that minors do not regularly frequent the establishment.
2)The manner in which the business is operated:on-sale alcoholic beverage operating
agreements and alcoholic beverage licenses may not be issued to establishments which are
operated in a manner which results in minors regularly frequenting the establishment.
3)The extent to which minors are employed in such a place of business: on-sale
alcoholic beverage operating agreements and on-sale alcoholic beverage licenses may not be
issued to convenience grocery stores, gas stations, or other stores where groceries or
gasoline are sold and which regularly employ minors.
4)Adequacy of the police facilities to properly police the proposed location:
The city council shall inquire of the city manager whether the police department can
adequately police the proposed location.
City of Brookings Printed on 12/10/2015Page 1 of 2
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File #:RES 15-129,Version:1
5)Other factors: The hours that business is conducted shall be considered by the city council in
its review of applications for on-sale alcoholic beverage operating agreements and on-sale
alcoholic beverage licenses.
Recommendation:
Staff recommends approval.
Attachments:
Resolution
Operating Agreement
City of Brookings Printed on 12/10/2015Page 2 of 2
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Resolution 15-129
The Dixie
On-Off Sale Wine Operating Agreement
Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby
approves a Lease Agreement for the Operating Liquor Management Agreement for
Wine between the City of Brookings and The Dixie, Laura Dixon and LeeAnn Julius,
owners, for the purpose of a liquor manager to operate the on-sale establishment or
business for and on behalf of the City of Brookings at 1300 Main Ave. So.
Be It Further Resolved that the City Manager be authorized to execute the Agreement
on behalf of the City, which shall be for a period of five (5) years and renewal for
another five (5) years.
Passed and approved this 15th day of December, 2015.
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
LIQUOR OPERATING AGREEMENT
The Dixie
THIS AGREEMENT made and entered into by and between the CITY OF
BROOKINGS, a municipal corporation of the State of South Dakota, hereinafter referred
to as the “City” and Laura Dixon and LeeAnn Julius, owners, The Dixie, hereinafter
referred to as “Manager.”
WITNESSETH;
WHEREAS, the City has been issued an on-sale alcoholic beverage license and is
engaged in the sale of alcoholic beverages, and
WHEREAS, the City desires to enter into an Operating Agreement on a limited basis
with the Manager for the purpose of operating an on-sale establishment or business for
and on behalf of the City pursuant to law, and
WHEREAS, the Manager has offered to have facilities in which to operate said on-sale
establishment solely upon the premises hereinafter described.
NOW, THEREFORE IT IS MUTUALLY AGREED AS FOLLOWS:
I.
This Agreement is made and entered into on a limited basis between the parties hereto
to allow the Manager to operate a retail on-sale premises, pursuant to and in
accordance with all of the terms and conditions of this Agreement in accordance with all
State laws and City Ordinances now in effect and as may be enacted in the future.
II.
The Manager shall be individually responsible for all operating expenses of said on-sale
establishment, including but not limited to utilities, taxes, insurance, and license fees, if
any.
The Manager shall furnish all equipment and fixtures necessary to operate the
establishment.
III.
The on-sale establishment shall be located upon real estate in the City of Brookings,
South Dakota, described as:
Lot 1 excluding S 92' of W 40', Block 3, Fishback Second Addition City of
Brookings, Brookings County, South Dakota
IV.
The Manager shall dispense only alcoholic beverages supplied by the Municipal Off-
Sale establishment.
V.
This Agreement shall be in full force and effect for a period of five (5) years, with the
Manager having the option and privilege of a five (5) year extension, subject to the
approval of the governing body of the City of Brookings.
VI.
Either the Manager or the City may terminate this Agreement without cause upon ninety
(90) days written notice served by either party upon the other. The City reserves the
right to immediately suspend or revoke this Agreement without ninety (90) days written
notice for alcohol related violations in accordance with the provisions of Resolution No.
25-88 or any amendments thereto or for any late payments for alcoholic beverages
supplied by the Municipal Off-Sale Establishment to be sold on the premises of
Manager.
VII.
The Manager shall receive as full compensation for its services rendered, the net profit
from the on-sale establishment under its management, and the sole profit to be derived
by the City shall be the markup hereinafter set forth on alcoholic beverages furnished by
the municipality to the Manager for the purposes of resale on the premises as above
described.
VIII.
The Manager shall pay to the City for all alcoholic beverages sold by the City to the
Manager for resale on the above-described premises, the actual cost of distilled spirits
and wine supplied by the City, plus eleven percent (11%) in excess of such cost; the
Manager shall pay to the City for all malt beverages sold by the City to the Manager for
resale on the above-described premises, the actual cost of malt beverages, plus ten
percent (10%) in excess of such cost. The actual cost shall include cost price and
transportation charges. The markup percentages provided in this Agreement are
subject to change by the City of Brookings. In the event markup percentages are
changed by Ordinance, then the markup percentages provided by City Ordinance shall
supercede the markup percentages provided herein. The Manager further agrees that if
either of the markup percentages shall be increased at any time by the City, the
Manager shall pay the markup as so increased.
IX.
A complete and detailed record shall be maintained by the City of all alcoholic
beverages supplied to the on-sale Manager and such alcoholic beverages so supplied
shall be evidenced by pre-numbered invoices prepared in triplicate showing the date,
quality, brand, size, and actual cost of such item, and such invoice shall bear the
signature of the authorized representative of the on-sale Manager or its authorized
representative. One copy thereof shall be retained by the Municipal off-sale
establishment, one copy shall be retained by the on-sale establishment, and one copy
shall be filed with the City Clerk. All copies shall be kept as permanent records and
made available for reference and audit purposes. The Manager also agrees to maintain
a complete record of all alcoholic beverages received from the City.
X.
In consideration of the covenants herein contained, the Manager agrees to pay the
CITY OF BROOKINGS, One Thousand Five Hundred, and no/100 Dollars ($1,500.00),
constituting the Annual License Fee on or by the 1st day of November of each year
thereafter as long as this agreement shall remain in force and effect. The payment of
the Annual Renewal License Fee will not extend the term of this Operating Agreement
beyond the term provided therein. The Manager further agrees that if the annual fee
shall be increased at any time by the legislature, the Manager shall pay the amount of
any such increase.
XI.
The Manager agrees to keep the premises in a neat, clean and attractive appearance,
and Manager further agrees to operate said on-sale establishment only on such days
and at such hours as permitted by state law and city ordinances.
XII.
The Manager shall have the right to return, at any time, alcoholic beverages received
from the City and to receive in return any deposit made for such alcoholic beverages; in
the event of termination of the business, all unused alcoholic beverages, which may be
resold without discount may be returned to the City and the Manager shall be
reimbursed for the of such alcoholic beverages.
XIII.
The Manager agrees to abide by the credit policies of the City and acknowledges, by
execution of this Agreement, receipt of a copy of the credit policies of the City. The City
reserves the right to change or terminate its credit policies at any time, but shall be
required to provide written notice to Manager prior to the effective date of the change or
termination date of the credit policies.
XIV.
The Manager agrees to furnish the City upon demand, evidence of payment of the
following:
A. All salaries of on-sale employees;
B. Social Security and withholding taxes on said employees;
C. Worker’s Compensation insurance premiums covering said employees;
D. Unemployment taxes on the payrolls of said employees;
E. General liability insurance protecting both the City and the Manager against
claims for injury or damages to persons or property, said policy to have
general liability limits of at least Five Hundred Thousand Dollars
($500,000.00) single limit, and One Million Dollars ($1,000,000.00) aggregate,
and a limitation of Fifty Thousand Dollars ($50,000.00) for damage to
property. The general liability insurance limits are subject to change and
Manager agrees to change limits of insurance if required by the City;
F. Rent and utility bills; and
G. Any and all miscellaneous expenses, including taxes.
XV.
The Manager agrees to observe all Federal and State laws and ordinances of the City
of Brookings.
XVI.
The City covenants and agrees to furnish the on-sale license to Manager pursuant to
the terms and conditions of this Operating Agreement and the terms and conditions of
the on-sale license.
XVII.
The City has the right to make inspections and investigations of the premises during the
hours of operation, and make audits and examinations of the records of the Manager
relating to the on-sale establishment.
XVIII.
It is further specifically understood and agreed that the waiver of the rights of the City
under this Agreement shall not constitute a continuous waiver, and any violation or
breach of the terms of this Agreement by the Manager shall constitute a separate and
distinct offense and grounds for immediate termination and revocation of this
Agreement.
XIX.
This agreement shall not be assignable to another person or location without the written
consent of the City.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement which is
effective this 15th day of December, 2015.
CITY OF BROOKINGS, South Dakota
A Municipal Corporation
By:
ATTEST: Jeffrey W. Weldon, City Manager
Shari Thornes, City Clerk
MANAGER
By:
By:
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 2015-0883,Version:1
Action to Accept Request for Proposal to Purchase Property (Lot 2, Block 1, Foster Addition) and
Direct Staff to Negotiate Terms and Conditions Leading to a Purchase Agreement.
Summary:
The City of Brookings received three responses to the Request for Proposal - Property Purchase for
Lot 2, Block 1 of the Foster Addition. Bowes Construction Inc. submitted a proposal to acquire 6.4
acres in the Foster Industrial Park at a price of $210,000.
Background:
The City of Brookings issued a Request for Proposal - Property Purchase for Lot 2, Block 1 of the
Foster Addition was issued on September 25, 2015 with a due date of November 25, 2015. Three
proposals were received and reviewed by the City Manager and Community Development Director.
The Bowes Construction Inc. proposal offered the highest price to the City at $210,000 for the 6.4
acre parcel. The proposal indicated the parcel would be acquired in its entirety and subdivided into
six smaller lots to accommodate small businesses. Four businesses have negotiated with Bowes
Construction Inc. and provided earnest money to secure a lot. Bowes Construction Inc. has the
financial means and experience to undertake this development and will provide shovel ready sites to
the end business users for construction of their respective buildings. Bowes Construction Inc. is
proposing to self-perform on infrastructure and site grading and intends to provide a public street
constructed to city standards for the development.
Fiscal Impact:
Bowes Construction, Inc. Proposal - $210,000.00
City Investment - $197,039.42
The City will generate a surplus of $12,960.58 if the proposal is accepted.
Recommendation:
Staff recommends accepting Bowes Construction Inc. proposal to purchase Lot 2, Block 1 of the
Foster Addition and direct staff to negotiate a purchase agreement detailing the terms and conditions
of the land sale with Bowes Construction Inc.
Attachments:
Request for Proposal (RFP) - Property Purchase
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REQUEST FOR PROPOSAL (RFP) - PROPERTY PURCHASE
Lot 2, Block 1 Foster Addition
City of Brookings
Issue Date: September 25, 2015
Proposal Due Date: November 25, 2015
GENERAL INFORMATION
The City of Brookings, South Dakota is proposing to sell a 6.4 acre parcel of property in the Foster
Industrial Park. Access to the parcel is provided by 32nd Avenue. Water and sanitary sewer services
have been installed from the mains in 32nd Avenue to the property line. A detention pond lies west of
the subject property and has design capacity to accommodate development of the subject parcel. A
thirty-five foot drainage easement is located along the north property line of the parcel. The property is
currently zoned Industrial I-1R Restricted District, which is intended to provide for aesthetically designed
industrial areas primarily near and adjacent to major arterials.
Section 1. Purpose and Intent of the Request for Proposal (RFP).
The purpose of this document is to solicit proposals from interested parties for the development of a 6.4
acre parcel of property currently owned by the City of Brookings. The further purpose is to provide
opportunities for businesses to own land and structures for their use. The legal description of the parcel
is Lot 2, Block 1, Foster Addition in the NE1/4 of Section 19-T110N-R49W, City of Brookings, Brookings
County, South Dakota. The City encourages creative and innovative proposals for the highest and best
use of this property for continued economic development. Applications considered to be for land
speculation will be rejected.
Section 2. Contents and Format of Proposal.
The City discourages overly lengthy and costly proposals; however, in order to evaluate proposals fairly
and completely, the respondents must follow the format set forth as follows and provide all information
requested. The respondent's proposal should include a point-by-point response for each item listed
below.
a. Provide a general description of the use(s) of the subject property.
b. Provide a schematic site plan of the entire parcel to include, but not limited to: building(s),
street(s), access drives, parking lots, loading docks, landscaping, trees, and fencing.
c. Describe development schedule to comply with three year development timeframe.
d. Describe the project's compliance or ability to comply with the Vision 2020 Comprehensive Plan
and City of Brookings Zoning Ordinance. Identify any obvious variances or rezonings that may
be necessary.
e. Provide estimate of construction value of building(s) to be constructed.
g. Provide estimate of number of jobs created or retained, in full-time equivalents, as a result of
proposed project.
h. Describe the specific role the proposer(s) will perform with regard to the project; whether the
proposer is the developer, financier, owner, operator, or any combination thereof. Joint
ventures designed to provide an overall "team" approach are encouraged but any such
partner(s) and their role need to be identified and described. The specific party in a joint
venture who is responsible for this proposal must be identified.
i. Describe generally the means, methods and resources the proposer has to realistically
implement the proposed project.
j. Cash price offered for the subject parcel.
Section 3. Development Timeframe.
Upon acceptance of a proposal, the City and selected proposal shall negotiate specific terms and
conditions for a final Development Agreement and land transaction. The Development Agreement will
contain performance measures which must be attained to avoid clawback provisions from being
executed. The performance measures and clawback provisions will be a part of the negotiation process
as each proposal may present its own set of unique challenges and circumstances.
The intent of the RFP is to develop a parcel of City owned property and as such, the selected proposal
will result in an end user having three (3) years to complete development of the parcel from the date of
closing. Development shall constitute construction of a building or buildings with applicable
connections to Brookings Municipal Utilities infrastructure. In case of a subdivision of the property, the
provisions of this section shall apply. Final owners shall not be tax-exempt entities.
The City Attorney will prepare documents and statements necessary to close on the property at a
mutually agreeable time as soon as possible upon acceptance of the Development Agreement.
Section 4. Deadline for Submitting Proposals
Interested parties will have sixty (60) days from the date of the issuance of the RFP to submit a proposal
to the City. Proposals are due by 3:00 PM on Tuesday, November 25, 2015. Proposals shall include one
(1) electronic and two (2) hard copies and should be submitted to the following:
Mike Struck, Community Development Director
520 3rd Street, Suite 140
PO Box 270
Brookings, SD 57006
mstruck@cityofbrookings.org
The Community Development Director and City Manager will review and evaluate all proposals based
upon the information provided and provide a recommendation to the City Council. The City Council will
see all proposals. To the extent permitted by law, proposals will be kept confidential to preserve
proprietary information.
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 15-130,Version:1
Action on Resolution 15-130, a Resolution providing for the Advancement of a Comprehensive Public
Art Appreciation and Public Displays Program.
Summary:
Mayor Reed and Council Member Meyer have submitted the proposed Resolution for Council
consideration. The Resolution would establish a policy to create a dedicated Public Art Fund and
Program for the City of Brookings.
Background:
Approval on this Resolution would direct staff to draft an ordinance establishing a dedicated Public
Art Fund for the purposes of financing the design, purchase, installation, acquisition, and
maintenance of public art for the City of Brookings; and that such fund shall receive an annual
appropriation of one percent (1%) of capital expenditures from each revenue fund that finances
capital expenditures. The fund may be supplemented with donations and shall retain unencumbered
cash from one budget year to the next.
As part of the annual budget preparation process, the City Manager would be directed to provide for
such appropriation commensurate with the budgeted capital expenditures; and could recommend
certain expenditures be exempt from the one percent calculation for justifiable reasons. Capital
expenditures would include equipment, infrastructure, construction projects, and real estate that are
either new acquisition or replacement / enhancement of existing capital items.
If this Resolution is adopted, the next agenda item will appoint the following individuals to the Public
Arts Policy Task Force. The Task Force would be charged with recommending policies and
guidelines for the advancement of public art throughout the community, and expenditures of
designated funds. The City Council would have final approval on said policies, guidelines, and
expenditures.
Recommendation:
Staff recommends approval.
Attachments:
Resolution
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Resolution 15-130
A Resolution Providing for the Advancement of a Comprehensive Public Art
Appreciation and Public Displays Program
Whereas, public art and design enhances the build environment of a city, enriches the
lives of its citizens, and improves the value of our public spaces and buildings; and
Whereas, the presence of public art encourages the careers of local professional artists
and provides possible opportunities for their employment and career advancement; and
Whereas, the vision of the Brookings City Council is to support the Creative Class,
knowing a creative workforce is important for economic growth and a vibrant
community; and
Whereas, art can be more fully appreciated if it is publicly displayed as opposed to
confined to the internal premises of galleries and museums; and
Whereas, a dedicated funding source for an established program of public art enhances
the reputation of a city and serves as a vehicle for attractive new businesses and talent
to all sectors of a community.
Now, Therefore, Be It Resolved that:
A) An ordinance be prepared establishing a dedicated public art fund for the
purposes of financing the design, purchase, installation, acquisition, and
maintenance of public art for the City of Brookings; and that such fund shall
receive an annual appropriation of one percent (1%) of capital expenditures from
each revenue fund that finances capital expenditures. The fund may be
supplemented with donations and shall retain unencumbered cash from one
budget year to the next.
B) As part of the annual budget preparation process, the City Manager is directed to
provide for such appropriation commensurate with the budgeted capital
expenditures; and may recommend certain expenditures be exempt from the one
percent calculation for justifiable reasons. Capital expenditures shall include
equipment, infrastructure, construction projects, and real estate that are either
new acquisition or replacement/enhancement of existing capital items.
C) The City Council forms a Public Art Policy Task Force to create a Public Art Task
Force of persons charged with recommending policies and guidelines for the
advancement of public art throughout the community, and expenditures of
designated funds. The City Council shall have final approval on said policies,
guidelines, and expenditures.
Passed and approved this 15th day of December, 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 2015-0889,Version:1
Action to appoint Brookings Public Arts Policy Task Force members.
Summary:
Council action is requested to appoint the following individuals to the Brookings Public Arts Policy
Task Force. All have been asked and agreed to serve.
The Task Force would be charged with recommending policies and guidelines for the advancement
of public art throughout the community, and expenditures of designated funds. The City Council
would have final approval on said policies, guidelines, and expenditures.
Public Arts Policy Task Force Members:
Lynn Verschoor, Director of the SD Art Museum
Jamison Lamp, President of the Brookings Arts Council (BAC)
Ryan Murphy, Architect at JLG Architects
Scott Meyer, City Council member
Tim Steele, Director of SDSU School of Design
Recommendation:
Staff recommends approval.
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