HomeMy WebLinkAbout2012_04_24 CC PKT1
Brookings City Council
Tuesday, April 24, 2012
5:00 p.m. Work Session
6:00 p.m. Regular Meeting
City Hall Council Chambers
311 Third Avenue
The City of Brookings is committed to providing a high quality of life for its citizens and fostering a
diverse economic base through innovative thinking, strategic planning, and proactive, fiscally responsible
municipal management.
5:00 p.m. WORK SESSION
Work sessions are open to the public. During the work session the city staff would brief the council on items for
that particular meeting, introduce future topics, and provide a time for Council members to introduce topics.
1. Discussion on Drainage Fees and Policy.
2. City Council Member Ex-Officio Reports.
3. Joint Powers Board members’ Report.
4. City Council member introduction of topics for future discussion. *
5. Review of Council Agenda, Invites and Obligations.
*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.
6:00 p.m. REGULAR MEETING
1. Call to order.
2. Pledge of Allegiance.
3. Record of Council Attendance.
4. Action to approve the following Consent Agenda Items:*
A. Action to approve the agenda.
B. Action to approve minutes.
C. Action on Resolution No. 54-12, a Resolution authorizing the Brookings Summer
Arts Festival Committee to have exclusive use of Pioneer Park.
D. Action to approve various volunteer appointments.
E. Action to purchase an unmarked Police SUV vehicle off of State List Contract.
F. Action on Resolution No. 55-12, a Resolution authorizing the City Manager to
sign the On-Sale Liquor Operating Agreement 5-year midpoint renewal for
Danny’s Lounge, 703 Main Avenue South.
G. Action on Resolution No. 56-12, a Resolution authorizing the City Manager to
sign the On-Sale Liquor Operating Agreement 5-year midpoint renewal for the
Fireside Restaurant & Lounge, 2515 East 6th Street.
Motion to Approve, Request Public Comment, Roll Call
5. Items removed from Consent Agenda.
*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
City Council Packet
April 24, 2012
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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.
Open Forum/Presentations/Reports
6. Open Forum.
7. SDSU Student Senate Report
8. Mayor’s Annual State of the City Message.
9. Mayor’s Ride & Walk Announcement.
10. Presentation on Automated Curbside Recycling.
Action: Informational
11. Action on Resolution No. 68-12, a Resolution approving the Solid Waste Management
Program Funding Application Sponsorship.
Action: Motion to Approve, Request Public Comment, Roll Call
Contracts and Change Orders
12. Action on Resolution No. 57-12, a Resolution awarding the contract for one (1) used
Farm Tractor for the Landfill.
Action: Motion to Approve, Request Public Comment, Roll Call
13. Action on Resolution No. 58-12, a Resolution awarding the contract for the East Fire
Station Addition.
Action: Motion to Approve, Request Public Comment, Roll Call
14. Action on Resolution No. 59-12, a Resolution rejecting bids for the 32nd Avenue North
Project.
Action: Motion to Approve, Request Public Comment, Roll Call
15. Action on Resolution No. 60-12, a Resolution authorizing the Mayor to sign an
agreement with South Dakota Department of Transportation assistance with the
Brookings Regional Airport Project 3-46-0005-25-2012.
Action: Motion to Approve, Request Public Comment, Roll Call
16. Action on Resolution No. 70-12, a Resolution Authorizing the Execution of Real Estate
Sale and Purchase Agreement, Scott D. & Nancy H. Hodges, and Keith D. & Cathy
Vanderwal-Rounds, owners; legal description – Lot 2, Block 2, Nelson Fourth Addition.
Action: Motion to Approve, Request Public Comment, Roll Call
17. Action on Resolution No. 61-12, a Resolution awarding the contract for the 2012-08STI
Street Maintenance and Overlay Project.
Action: Motion to Approve, Request Public Comment, Roll Call
18. Action on Resolution No. 62-12, a Resolution awarding the contract for the Street
Department 2012 Double Drum Vibratory Steel Face Roller.
Action: Motion to Approve, Request Public Comment, Roll Call
City Council Packet
April 24, 2012
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19. Action on Resolution No. 63-12, a Resolution awarding contract for the Street
Department 2012 Pneumatic Rubber Tire Roller.
Action: Motion to Approve, Request Public Comment, Roll Call
20. Action to approve various change orders for the City/County Administration Building.
Action: Motion to Approve, Request Public Comment, Roll Call
21. Action on Resolution No. 64-12, a Resolution awarding the contract for the Police
Department 2013 model year mid to full-size sedan.
Action: Motion to Approve, Request Public Comment, Roll Call
22. Action on Resolution No. 65-12, a Resolution awarding the contract for the Police
Department two (2) 2013 model year police vehicles.
Action: Motion to Approve, Request Public Comment, Roll Call
First Readings**
23. Ordinance No. 11-12, an Ordinance amending the Zoning Ordinance of the City of
Brookings and pertaining to definitions, accessory buildings, and off-street parking for
the purposes of administration of the Zoning Ordinance.
Public Hearing: May 8th
**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.
Second Readings / Public Hearings
24. Public hearing and action on Ordinance No. 07-12, an Ordinance Amending Section 42-
93 (A) of the Code of Ordinances of the City of Brookings, South Dakota and pertaining
to the Compensation of the Board of Trustees on the City of Brookings, SD.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
25. TABLED ITEM: Action on Resolution No. 43-12, a resolution Amending the City of
Brookings Vision 2020 Comprehensive Plan Future Land Use Plan (South Campus
Neighborhood District Plan) Amendment to include the area from Medary Ave. to 14th
Ave. and from 6th St. to 7th St. (Legal Description: Blocks 1 and 6 of Randi Petersons,
Blocks 1, 2 and 3 of Sandersons Addition).
Action: Motion to remove from table, Request Public Comment, Roll Call
26. Public hearing and action on Ordinance No. 08-12, an Ordinance rezoning Lot 1, Block
1, Husen’s Addition, and Husen’s Addition excluding the north 272.8 feet of the east
815 feet thereof, from a Residence R-1A and R-3A District to an Industrial I-1 District
(east side of Highway 14 diagonal).
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City Council Packet
April 24, 2012
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27. Public hearing and action on Ordinance No. 09-12, an Ordinance pertaining to an
application for a Conditional Use for a kennel in the Business B-3 District on Lot 2,
Block 5, Bidco Addition (120 W. Second St. So.).
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
28. Public hearing and action on Ordinance No. 10-12, an Ordinance amending the Zoning
Ordinance of the City of Brookings and pertaining to a church as a conditional use in
the Business B-1 District for the purposes of administration of the zoning ordinance.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
29. Public hearing and action on an On-Off Sale Malt Alcohol Beverage license for The
Depot, LLC, Kathy McClemans, Robb McClemans and Elizabeth McClemans-Novak,
owners, 919 20th St. So., Brookings, South Dakota, Lot 7, Block 13, McClemans
Addition.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
30. Public hearing and action on a video lottery permit for The Depot, LLC, Kathy
McClemans, Robb McClemans and Elizabeth McClemans-Novak, owners, 919 20th St.
So., Brookings, South Dakota, Lot 7, Block 13, McClemans Addition.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Other Business
31. Action On Resolution No. 66-12, a Resolution giving approval to certain Sewer Facilities
Improvements; Giving approval to the Issuance and Sale of a Revenue Bond to finance,
directly or indirectly, the improvements to the facilities; Approving the form of the Loan
Agreement and the Revenue Bond and the Pledging Revenues and Collateral to secure the
payment of the Revenue Bond; and Creating Special Funds and Accounts for the
Administration of Funds for Operation of the System and Retirement of the Revenue
Bond. (Camelot Square Drainage Improvement Project)
Action: Motion to Approve, Request Public Comment, Roll Call
32. Action on Resolution No. 67-12, a Resolution Giving approval to certain Sewer Facilities
Improvements; Giving approval to the Issuance and Sale of a Revenue Bond to finance,
directly or indirectly, the improvements to the facilities; Approving the form of the Loan
Agreement and the Revenue Bond and Pledging Revenues and Collateral to secure the
payment of the Revenue Bond; and Creating Special Funds and Accounts for the
Administration of Funds for Operation of the System and Retirement of the Revenue
Bond. (Nelson 5th Addition Detention Pond Project)
Action: Motion to Approve, Request Public Comment, Roll Call
33. Action to approve Resolution No. 69-12, a Resolution Revising Compensation for the
Mayor and Council Members of the City of Brookings.
Action: Motion to Approve, Request Public Comment, Roll Call
34. Adjourn.
City Council Packet
April 24, 2012
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Brookings City Council
Tim Reed, Mayor, Jael Thorpe, Deputy Mayor & Council Member
Council Members Tom Bezdichek, John Kubal, Mike McClemans, Keith Corbett, Ope Niemeyer
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
If you require assistance, alternative formats, and/or accessible locations consistent with the Americans with
Disabilities Act, please contact Shari Thornes, City ADA Coordinator, at 692-6281 at least three working days
prior to the meeting.
City Council Packet
April 24, 2012
6
5:00 P.M. WORK SESSION
Work Sessions are open to the public. During the work session the city staff would brief the council on
items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
1. Discussion on Drainage Fees and Policy.
The City of Brookings adopted the Storm Drainage Fee Ordinance in the 1980’s. The
ordinance describes the Fee for “Operation, maintenance, and capital expenses of storm
sewer and drainage system.” The fee is calculated on each parcel within the city limits
and is collected on an annual basis by Brookings County. Brookings County had agreed,
at the time the fee was established, to collect the fee for the City, in return the City
would not charge a fee on Brookings County owned property.
The fee is calculated using the following formula:
square foot of lot X the runoff weighting factor X Unit Financial Charge
The Storm Drainage Fee was analyzed and discussed in 2009 when the Storm Water
Finance Plan and Capital Dept Service Analysis was discussed in advance of constructing
major storm drainage improvements. At that time, the 2009 Unit Financial Charge was
0.00036, and was subsequently raised to 0.00054 for 2010 in anticipation of the storm
water master plan projects. The current unit financial charge earns approximately
$800,000 in revenue and the 2012 Storm Drainage budget page is attached. The
drainage fees are used for a variety of drainage improvement purposes. A portion of the
fee is used for staff expenses, which are calculated as one street department staff
member and 30% of the engineering technician. The fee is also used for maintenance of
the storm sewer system which expends approximately $70,000 to BMU to clean out the
inlets and pipes with a vacuum excavation truck and local contractors are hired to clean
drainage ditches for an additional cost. The fee is also used for purchasing land for
drainage purposes, hiring consultants to design drainage projects, and for construction
costs to complete the drainage improvement projects.
The City Council completed a city-wide Storm Water Master Plan in 2008, which
outlines drainage improvements throughout the City. It was determined a majority of
the existing storm sewer system in Brookings is undersized for the adopted 5-year
storm standard. The Storm Water Master Plan estimated the cost of upsizing the
existing storm sewer system to a 5-year storm standard could cost approximately $13.8
million dollars (excerpt attached), which does not include the cost of engineering, utility
relocation, roadway restoration, easements, or land acquisition. To help facilitate the
order in which to construct drainage improvement projects, the City Council adopted a
prioritized list of special projects in 2009, and approved the Storm Water Finance Plan to
request SRF funding from DENR for eligible projects. This allowed the City to expedite
construction of storm sewer improvements and to pay back the SRF loans over time.
These drainage improvement projects are very important because they have
neighborhood-wide benefits, help reduce flooding potential, improve water quality, and
create a more manageable drainage system in the City of Brookings.
City Council Packet
April 24, 2012
7
In advance of the Storm Water Master Plan, the City adopted new ordinances in 2006
regarding drainage plan requirements for developments. The Storm Drainage Design and
Technical Criteria Manual was developed, which outlines drainage planning criteria. It is
important to distinguish the difference between the “Master Drainage Plan” and the
“Storm Drainage Design and Technical Criteria Manual”. The Master Drainage Plan
outlines the retrofits needed for existing areas within the City. The Criteria Manual
contains the design criteria to be used for all new developments within the City to
prevent the same issues we are currently having with the existing infrastructure.
In addition to managing storm water, the City of Brookings updated the drainage
ordinance in 2010 to meet requirements by the South Dakota DENR for construction
site runoff erosion and sediment control and post-construction site storm water runoff
control.
Ordinance No. 21-10 is included and Jackie Lanning, City Engineer and Thad Drietz,
Assistant City Engineer will be available to facilitate this discussion.
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2012 Budget
City of Brookings
138
2012 BUDGET
2009 2010 2011 2011 2012 2013
Actual Actual Adopted Estimated Account Description Adopted Proposed
STORM DRAINAGE
465,480 676,159 660,000 660,000 282-000-4-112-01 Drainage Fees 670,000 700,000
5,013 8,868 1,000 3,000 282-000-4-112-02 Delinquent Drainage Fees 4,000 5,000
72,826 125,902 108,680 108,680 282-000-4-112-03 Drainage Fees/Direct Billing 125,000 125,000
801 862 200 250 282-000-4-112-04 Drainage Fees Interest 300 400
0 35,606 0 0 282-000-4-324-10 Grants 0
- 0 0 0 282-000-4-661-00 Interest Income
4,967 4,855 0 2,000 282-000-4-661-01 Money Market Interest Income 2,000 2,000
- 320,458 1,400,000 458,725282-000-4-663-50 Proceeds from Debt SRF Loan 320,000 20,000
- 282-000-4-669-02 Miscellaneous
42,800 282-000-4-700-00 Transfer in-General Fund 300,000
591,887 1,172,710 2,169,880 1,232,655 Revenue Total 1,121,300 1,152,400
48,690 45,851 55,172 50,000 282-000-5-101-00 Regular Pay 52,764 52,764
13,516 12,827 13,000 13,000 282-000-5-101-01 Temporary Pay 13,000 13,000
- 679 1,000 3,000 282-000-5-101-04 Overtime Pay 1,000 1,000
4,638 4,352 5,292 4,500 282-000-5-120-00 FICA 4,358 4,358
2,376 2,792 3,370 3,100 282-000-5-121-09 Retirement 3,184 3,184
6,718 7,500 10,550 10,100 282-000-5-123-00 Group Insurance 11,577 12,156
1,626 1,795 1,455 1,455 282-000-5-130-00 Workman’s Compensation 2,330 2,400
77,564 75,797 89,839 85,155 Personnel Services Total 88,213 88,862
42,442 126,069 170,000 140,000 282-000-5-422-03 Consulting/Engineering 100,000 100,000
54,185 66,206 60,000 60,000 282-000-5-425-10 Maintenance Storm Sewer 65,000 70,000
1,066 2,184 1,000 1,000 282-000-5-429-07 Miscellaneous 1,000 1,000
1,255 1,559 2,000 2,000 282-000-5-429-09 Miscellaneous 2,000 2,000
282-000-5-470-11 Principal Payment
282-000-5-470-12 Interest Payment
98,948 196,019 233,000 203,000 Operating Expense Total 168,000 173,000
- 282-000-5-910-00 Land
91,667 430,517 1,610,000 600,000 282-000-5-980-00 Storm Sewer Improvements 1,850,000 1,100,000
91,667 430,517 1,610,000 600,000 Capital Expense Total 1,850,000 1,100,000
268,179 702,332 1,932,839 888,155 Expenditure Total 2,106,213 1,361,862
591,887 1,172,710 2,169,880 1,232,655 Revenue Total 1,121,300 1,152,400
323,708 470,379 237,041 344,500 Net Revenue/Cost -984,913 -209,462
650,286 887,327 994,786 Storm Drainage Cash Balance 9,873 -199,589
Restricted Cash
Reserved Fund Balance
Unreserved Fund Balance
City Council Packet
April 24, 2012
31
5:00 P.M. WORK SESSION
Work Sessions are open to the public. During the work session the city staff would brief the council on
items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
2. City Council Member Ex-Officio Reports.
Pursuant to council direction, “City Council Member Ex-Officio Reports”
will be a standing agenda item at all Council Work Sessions. The Council
Members that serve as Ex-Officio members on the Brookings Health
System Board of Trustees and Utility Board will provide verbal reports
regarding recent meetings they have attended.
Brookings Municipal Utility Board:
1. Council Member Niemeyer
2. Council Member Corbett
Brookings Health Systems Board:
1. Council Member Kubal
2. Council Member McClemans
City Council Packet
April 24, 2012
32
5:00 P.M. WORK SESSION
Work Sessions are open to the public. During the work session the city staff would brief the council on
items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
3. Joint Powers Board Council Members’ Report.
Pursuant to council direction, “Joint Powers Board City Member Updates”
will be a standing agenda item at all Council Work Sessions. The Council
Members serving on the Joint Powers Board will provide verbal updates
regarding recent meetings they have attended.
Mayor Tim Reed & Council Member Kubal
Brookings City/County Government Center: END-OF-PROJECT SCHEDULE
April 27 Punch-list identification starts
April 27 Final cleaning starts
May 2 Commissioning, testing, balancing on building systems starts
May 7 Irrigation system, begin installation
May 7 CTI begins installation of technology equipment and systems
May 11 Safe-N-Secure completes installation of security system
May 11 Staff training begins on security system
May 11 Substantial Completion
May 14 Inspection starts
May 14 Irrigation system installation completed
May 18 Inspections completed
May 21 Interior signage installation begins
May 24 Final cleaning completed
May 28 Certification of Occupancy (CO) issued
May 29 Move in begins: CBS delivers/installs purchased office systems
Perkins begins moving from City Hall & Rec Center
May 29 Testing and balancing completed
June 1 All technology components completed and installed
June 1 Staff training begins on technology systems
June 7 Punch-list completion deadline for contractors
June 10 Perkins completes move
June 11 Swiftel completes delivery/installation of telephone system
June 11 Begin landscaping installation; trees, shrubs, and sod
June 22 All landscaping completed, bollards delivered & installed
Anytime after June 22; Grand Opening and Ribbon-Cutting Celebration
July 10 Commissioning completed
City Council Packet
April 24, 2012
34
5:00 P.M. WORK SESSION
Work Sessions are open to the public. During the work session the city staff would brief the council on
items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
4. 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
frame. A majority vote is required.
City Council Packet
April 24, 2012
35
5:00 P.M. WORK SESSION
Work sessions are open to the public. During the work session the city staff would brief the council on
items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
5. Review of Council Agenda, Invites and Obligations.
Date
Day Event &
Brief Description
Time Location / Town /
Address /
Directions
April 26 Thursday SDSU Foundation Donor
Celebration
5:30 p.m. Reception
6:30 p.m. Dinner Frost Arena
April 30 Monday
SDSU Engineering Dean’s
Advisory Council Reception
(sponsored by the BEDC)
5:00 p.m. University Student
Union Room 169
May 1 Tuesday College of Engineering
Awards Banquet 6:30 p.m. Volstorff Ballroom
May 8 Tuesday Council Meeting 5:00 p.m. Council Chambers
May 15 Tuesday
BHS New Skilled Nursing
Facility Groundbreaking
Ceremony
4:30 p.m. Brookview Manor
parking lot
May 17-19 Thursday-
Saturday
NLC – Formulating Effective
Ec. Dev. Policy Marketing &
Communications Strategies Manhattan Beach, CA
May 22 Tuesday Council Meeting 5:00 p.m. Council Chambers
June 12 Tuesday Council Meeting 5:00 p.m. Council Chambers
June 26 Tuesday Council Meeting 5:00 p.m. Council Chambers
July 10 Tuesday Council Meeting 5:00 p.m. Council Chambers
July 24 Tuesday Council Meeting 5:00 p.m. Council Chambers
August 14 Tuesday Council Meeting 5:00 p.m. Council Chambers
August 28 Tuesday Council Meeting 5:00 p.m. Council Chambers
September 11 Tuesday Council Meeting 5:00 p.m. Council Chambers
September 13 Thursday Mayor’s Volunteer
Appreciation Reception 5:00 – 7:00 p.m. Performing Arts
Center
September 20-22 Thursday-
Saturday NLC Leadership Summit Charlotte, NC
September 25 Tuesday Council Meeting 5:00 p.m. Council Chambers
October 9 Tuesday Council Meeting 5:00 p.m. Council Chambers
36
6:00 p.m. REGULAR MEETING
1. Call to order.
2. Pledge of Allegiance.
3. Record of Council Attendance.
4. Action to approve the following Consent Agenda Items:
A. Action to approve the agenda.
B. Action to approve minutes.
C. Action on Resolution No. 54-12, a Resolution authorizing the Brookings Summer Arts Festival Committee
to have exclusive use of Pioneer Park.
D. Action to approve various volunteer appointments.
E. Action to purchase an unmarked Police SUV vehicle off of State List Contract.
F. Action on Resolution No. 55-12, a Resolution authorizing the City Manager to sign the On-Sale Liquor
Operating Agreement 5-year midpoint renewal for Danny’s Lounge.
G. Action on Resolution No. 56-12, a Resolution authorizing the City Manager to sign the On-Sale Liquor
Operating Agreement 5-year midpoint renewal for the Fireside Restaurant & Lounge.
Motion to Approve, Request Public Comment, Roll Call
5. Items removed from Consent Agenda.
Open Forum/Presentations/Reports
6. Open Forum.
7. SDSU Student Senate Report.
8. Mayor’s Annual State of the City Message.
9. Mayor’s Ride & Walk Announcement.
10. Presentation on Automated Curbside Recycling.
Action: Informational
11. Action on Resolution No. 68-12, a Resolution approving the Solid Waste Management Program Funding Application
Sponsorship.
Action: Motion to Approve, Request Public Comment, Roll Call
Contracts and Change Orders
12. Action on Resolution No. 57-12, a Resolution awarding the contract for one (1) used Farm Tractor for the Landfill.
Action: Motion to Approve, Request Public Comment, Roll Call
13. Action on Resolution No. 58-12, a Resolution awarding the contract for the East Fire Station Addition.
Action: Motion to Approve, Request Public Comment, Roll Call
14. Action on Resolution No. 59-12, a Resolution rejecting bids for the 32nd Avenue North Project.
Action: Motion to Approve, Request Public Comment, Roll Call
15. Action on Resolution No. 60-12, a Resolution authorizing the Mayor to sign an agreement with South Dakota
Department of Transportation assistance with the Brookings Regional Airport Project 3-46-0005-25-2012.
Action: Motion to Approve, Request Public Comment, Roll Call
16. Action on Resolution No. 70-12, a Resolution Authorizing the Execution of Real Estate Sale and Purchase Agreement,
Scott D. & Nancy H. Hodges, and Keith D. & Cathy Vanderwal-Rounds, owners; legal description – Lot 2, Block 2,
Nelson Fourth Addition.
Action: Motion to Approve, Request Public Comment, Roll Call
17. Action on Resolution No. 61-12, a Resolution awarding the contract for the 2012-08STI Street Maintenance and
Overlay Project.
Action: Motion to Approve, Request Public Comment, Roll Call
18. Action on Resolution No. 62-12, a Resolution awarding the contract for the Street Department 2012 Double Drum
Vibratory Steel Face Roller.
Action: Motion to Approve, Request Public Comment, Roll Call
19. Action on Resolution No. 63-12, a Resolution awarding contract for the Street Department 2012 Pneumatic Rubber
Tire Roller.
Action: Motion to Approve, Request Public Comment, Roll Call
20. Action to approve various change orders for the City/County Administration Building.
Action: Motion to Approve, Request Public Comment, Roll Call
21. Action on Resolution No. 64-12, a Resolution awarding the contract for the Police Department 2013 model year mid
to full-size sedan.
Action: Motion to Approve, Request Public Comment, Roll Call
37
22. Action on Resolution No. 65-12, a Resolution awarding the contract for the Police Department two (2) 2013 model
year police vehicles.
Action: Motion to Approve, Request Public Comment, Roll Call
First Readings
23. Ordinance No. 11-12, an Ordinance amending the Zoning Ordinance of the City of Brookings and pertaining to
definitions, accessory buildings, and off-street parking for the purposes of administration of the Zoning Ordinance.
Public Hearing: May 8th
Second Readings / Public Hearings
24. Public hearing and action on Ordinance No. 07-12, an Ordinance Amending Section 42-93 (A) of the Code of
Ordinances of the City of Brookings, South Dakota and pertaining to the Compensation of the Board of Trustees on
the City of Brookings, SD.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
25. TABLED ITEM: Action on Resolution No. 43-12, a resolution Amending the City of Brookings Vision 2020
Comprehensive Plan Future Land Use Plan (South Campus Neighborhood District Plan) Amendment to include the
area from Medary Ave. to 14th Ave. and from 6th St. to 7th St. (Legal Description: Blocks 1 and 6 of Randi Petersons,
Blocks 1, 2 and 3 of Sandersons Addition).
Action: Motion to remove from table, Request Public Comment, Roll Call
26. Public hearing and action on Ordinance No. 08-12, an Ordinance rezoning Lot 1, Block 1, Husen’s Addition, and
Husen’s Addition excluding the north 272.8 feet of the east 815 feet thereof, from a Residence R-1A and R-3A
District to an Industrial I-1 District (east side of Highway 14 diagonal).
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
27. Public hearing and action on Ordinance No. 09-12, an Ordinance pertaining to an application for a Conditional Use
for a kennel in the Business B-3 District on Lot 2, Block 5, Bidco Addition (120 W. Second St. So.).
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
28. Public hearing and action on Ordinance No. 10-12, an Ordinance amending the Zoning Ordinance of the City of
Brookings and pertaining to a church as a conditional use in the Business B-1 District for the purposes of
administration of the zoning ordinance.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
29. Public hearing and action on an On-Off Sale Malt Alcohol Beverage license for The Depot, LLC, Kathy McClemans,
Robb McClemans and Elizabeth McClemans-Novak, owners, 919 20th St. So., Brookings, South Dakota, Lot 7, Block
13, McClemans Addition.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
30. Public hearing and action on a video lottery permit for The Depot, LLC, Kathy McClemans, Robb McClemans and
Elizabeth McClemans-Novak, owners, 919 20th St. So., Brookings, South Dakota, Lot 7, Block 13, McClemans
Addition.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Other Business
31. Action On Resolution No. 66-12, A Resolution giving approval to certain Sewer Facilities Improvements; Giving
approval to the Issuance and Sale of a Revenue Bond to finance, directly or indirectly, the improvements to the facilities;
Approving the form of the Loan Agreement and the Revenue Bond and the Pledging Revenues and Collateral to secure the
payment of the Revenue Bond; and Creating Special Funds and Accounts for the Administration of Funds for Operation of
the System and Retirement of the Revenue Bond. (Camelot Square Drainage Improvement Project)
Action: Motion to Approve, Request Public Comment, Roll Call
32. Action on Resolution No. 67-12, a Resolution Giving approval to certain Sewer Facilities Improvements; Giving
approval to the Issuance and Sale of a Revenue Bond to finance, directly or indirectly, the improvements to the facilities;
Approving the form of the Loan Agreement and the Revenue Bond and Pledging Revenues and Collateral to secure the
payment of the Revenue Bond; and Creating Special Funds and Accounts for the Administration of Funds for Operation of
the System and Retirement of the Revenue Bond. (Nelson 5th Addition Detention Pond Project)
Action: Motion to Approve, Request Public Comment, Roll Call
33. Action to approve Resolution No. 69-12, a Resolution Revising Compensation for the Mayor and Council Members
of the City of Brookings.
Action: Motion to Approve, Request Public Comment, Roll Call
34. Adjourn.
City of Brookings
April 24, 2012
38
CONSENT AGENDA #4
4. Action to approve the following Consent Agenda Items: *
A. Action to approve the agenda.
B. Action to approve minutes.
C. Action on Resolution No. 54-12, a Resolution authorizing
the Brookings Summer Arts Festival Committee to have
exclusive use of Pioneer Park.
D. Action to approve various volunteer appointments.
E. Action to purchase an unmarked Police SUV vehicle off of
State List Contract.
F. Action on Resolution No. 55-12, a Resolution authorizing
the City Manager to sign the On-Sale Liquor Operating
Agreement 5-year midpoint renewal for Danny’s Lounge.
G. Action on Resolution No. 56-12, a Resolution authorizing
the City Manager to sign the On-Sale Liquor Operating
Agreement 5-year midpoint renewal for the Fireside
Restaurant & Lounge.
*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.
ACTION: Motion to Approve, Request Public Comment, Roll Call
City of Brookings
April 24, 2012
39
CONSENT AGENDA #4
B. Action to approve minutes.
The draft March 27th Brookings City Council minutes are enclosed for
Council review and approval.
City of Brookings
April 24, 2012
40
Brookings City Council
March 27, 2012 (unapproved)
The Brookings City Council held a meeting on Tuesday, March 27, 2012 at 5:00 p.m., at City Hall
with the following members present: Mayor Tim Reed, Council Members John Kubal, Mike
McClemans, Tom Bezdichek, Ope Niemeyer and Keith Corbett. Jael Thorpe was absent. City
Attorney Steve Britzman, City Manager Jeff Weldon, and Deputy City Clerk Bonnie Foster were
also present.
First Planning District Report. Todd Kays, First District Executive Director, provided the
council with an update on First District’s 2011 activities and plans for 2012.
City of Brookings Annual Financial Report. Rita Thompson, Finance Manager, provided
the council an ‘unaudited’ financial report for the City of Brookings.
Downtown Core Events Committee Update. Patty Kratochvil, representative from the
Downtown Core Events Committee, provided an update on Downtown activities.
Council Topics for future discussion. A motion was made by Reed, seconded by Kubal, to
have the City Attorney draft an Ordinance to begin the process to double the salary of the City
Council Members and the Mayor (Mayor $800, Council Member $600). All present voted yes;
motion carried.
6:00 P.M. MEETING. Consent Agenda. A motion was made by Corbett, seconded by
Kubal, to approve the consent agenda.
A. Action to approve the agenda.
B. Action to approve the February 28th and March 13th council minutes.
C. Action to authorize the Mayor to sign a letter of support for Habitat for
Humanity’s Grant Application for SD Housing Authority Funds (Home Build
#51, legal description: Lot 1, Block 5, Blairhill Second Edition; and Home Build
#52, legal description: Lot 6, Block 4, Blairhill Second Addition).
On the motion, all present voted yes; motion carried.
Resolution No. 45-12. A motion was made by Bezdichek, seconded by McClemans, to
approve Resolution No. 45-12, a Resolution awarding a contract for the 2012-04SSI Pheasants
Nest Addition Detention Pond Project. All present voted yes; motion carried.
Resolution No. 45-12 - Resolution Awarding Bids for 2012-04SSI Pheasant Nest
Detention Pond Project
Whereas, the City of Brookings opened bids for 2012-04SSI Pheasant Nest Detention Pond
Project on Tuesday, March 13, 2012 at 1:30 pm at Brookings City Hall; and
Whereas, the City of Brookings has received the following bids for 2012-04SSI Pheasant Nest
Detention Pond Project: Bowes Construction Company, Inc.: $276,283.40; Rounds
Construction Company, Inc.: $324,390.92; Ronglien & Sons Excavating, Inc.: $397,661.75.
City of Brookings
April 24, 2012
41
Now Therefore, Be It Resolved that the project be awarded to the low bid of Bowes
Construction Company, Inc. for $276,283.40, contingent on DENR approval.
Update Report on 7th Ave. So. / 12th St. So. MOTION: A motion was made by Reed,
seconded by Bezdichek, to have staff bring back to a future council meeting a report focusing
on completing 7th Ave. So. from 12th St. So. to the property line by the dog park, approximately
1,000 feet. All present voted yes; motion carried.
Resolution No. 46-12. A motion was made by Niemeyer, seconded by Corbett, to approve
Resolution No. 46-12, a Resolution awarding a contract for 2012-09STI, 25th Avenue and 10th
Street Construction Project. All present voted yes; motion carried.
Resolution No. 46-12 - Resolution Awarding Bids for 2012-09STA 25th Avenue
and 10th Street Project
Whereas, the City of Brookings opened bids for 2012-09STA 25th Avenue and 10th Street
Project on Tuesday, March 20, 2012 at 1:30 pm at Brookings City Hall; and
Whereas, the City of Brookings has received the following bids for 2012-09STA 25th Avenue
and 10th Street Project: Bowes Construction Company, Inc.: $398,661.42; Prunty
Construction: $426,404.78; Winter Brothers, Inc.: $448,800.00; Metro Construction:
$535,880.91; First Rate Excavate: $549,959.92; Carstenson Construction: $614,338.75.
Now Therefore, Be It Resolved that the low bid of Bowes Construction Company, Inc. for the
bid of $398,661.42 be accepted.
Resolution No. 47-12. A motion was made by Niemeyer, seconded by McClemans, to
approve Resolution No. 47-12, a Resolution awarding contracts for the Brookings Public Safety
Center Project (Police Dept. Remodel). All present voted yes; motion carried.
Resolution No. 47-12 - Resolution Awarding Bids for the Brookings Public Safety Center
Project (Police Dept. Remodel)
Whereas, the City of Brookings opened bids for the Brookings Public Safety Center Project
(Police Dept. Remodel) on Tuesday, March 20, 2012 at 1:30 pm at Brookings City Hall; and
Whereas, the City of Brookings has received the following bids for Brookings Public Safety
Center Project (Police Dept. Remodel): Clark Drew Construction, Inc.: $419,500, Alternate
#1 $3,400, Alternate #3 $8,000; Mark Luke Construction: $396,300, Alternate #1 $2,425,
Alternate #3 $6,700.
Now Therefore, Be It Resolved that the low bid of Mark Luke Construction for the base bid of
$396,300 and Alternate #3 for $6,700, for a total of $403,000, be accepted.
City of Brookings
April 24, 2012
42
Resolution No. 48-12. A motion was made by Niemeyer, seconded by Bezdichek, to
approve Resolution No. 48-12, a Resolution authorizing Change Order No. 2 for 2011-01
Gateway Project, Clark Drew Construction, Inc. All present voted yes; motion carried.
Resolution No. 48-12 - Resolution Authorizing Change Order No. 2 for 2011-01 Gateway
Project, Clark Drew Construction, Inc.
Be It Resolved by the City Council that the following change order be allowed for 2011-01
Gateway Project: Construction Change Order Number 2, Adjust the contract cost to install
two planters, add engraved text to sign, and modify landscaping plan for Medary Avenue sign
for an increase of $19,744.00 to the contract.
City/County Government Center Change Orders. A motion was made by Kubal,
seconded by Bezdichek, to approve the following City/County Government Center Change
Orders: COR#024 to American Electric Construction’s contract for $2,405 for owner-
requested electrical changes; COR#041 to Clark Drew Construction, Inc.’s contract for $1,021
for extra materials and cutting for sills in rooms 115 and 116; COR#044 to Mills Construction,
Inc.’s contract for -$450 to delete the temporary fence at the east end of the project; RFP#014
to American Electric Construction’s contract for $30,995 for security wiring additions;
RFP#015 to American Electric Construction’s contract for $1,702 to add rough-in card access
and door strike for lower level doors; RFP#016 to the contracts with Mills Construction, Inc.
for $2,553 and Peska Construction, Inc. for $16,100 for a total of $18,653 to complete paving
of alley south of the new building; RFP#018 to the contracts with Clark Drew Construction,
Inc. for $0 and American Electric Construction for $3,139 for casework electrical
modifications; RFP#020 to the contracts with Clark Drew Construction, Inc. for $4,914,
Grazzini Brothers & Company for $0 and Mills Construction, Inc. for $0 to add casework to
waiting room #248; RFP#021 to the contract with American Electric Construction for $5,243
for electrical/fire alarm changes as per the Fire Marshall; RFP#022 to the contracts with Clark
Drew Construction, Inc. for $276, Ellis-Lieffort Painting, Inc. for $40, Fox Drywall & Plastering,
Inc. for $386, Kenneth Janning & Sons, Inc. for $0 and Mills Construction, Inc. for $186 for a
total of $888 for a mailbox addition in corridor 129; and RFP#023 to the contracts with Ellis-
Lieffort Painting, Inc. for $150, Fox Drywall & Plastering, Inc. for $245, Midwest Glass for $106,
and Mills Construction, Inc. for $511 for a total of $1,012 to add a window to the south wall of
finance room 142. All present voted yes; motion carried.
First Reading – Ordinance No. 07-12. A first reading was held on Ordinance No. 07-12,
an Ordinance amending Section 42-93 (A) of the Code of Ordinances of the City of Brookings,
South Dakota and pertaining to the Compensation of the Board of Trustees in the City of
Brookings, South Dakota. Public Hearing: April 10, 2012.
First Reading – Ordinance No. 08-12. A first reading was held on Ordinance No. 08-12,
an Ordinance rezoning Lot 1, Block 1, Husen’s Addition and Husen’s Addition excluding the
north 272.8 feet of the east 815 feet thereof, from a Residence R-1A and R-3A District to an
Industrial I-1 District (east side of Highway 14 diagonal). Public Hearing: April 10, 2012.
City of Brookings
April 24, 2012
43
First Reading – Ordinance No. 09-12. A first reading was held on Ordinance No. 09-12,
an Ordinance pertaining to an application for a conditional use for a kennel in the Business B-3
District on Lot 2, Block 5, Bidco Addition (120 W. Second St. So.). Public Hearing: April 10,
2012.
First Reading – Ordinance No. 10-12. A first reading was held on Ordinance No. 10-12,
an Ordinance amending the zoning ordinance of the City of Brookings and pertaining to a
church as a conditional use in the Business B-1 District for the purposes of administration of
the zoning ordinance. Public Hearing: April 10, 2012.
Resolution No. 43-12. A public hearing was held on Resolution No. 43-12, a Resolution
amending the City of Brookings Vision 2020 Comprehensive Plan Future Land Use Plan (South
Campus Neighborhood District Plan). Public Comment: Daniel Vellek, Mark York. A motion
was made by Reed, seconded by Bezdichek, to approve Resolution No. 43-12. Reed,
Bezdichek, Niemeyer voted yes; Corbett, Kubal, McClemans voted no; MOTION FAILED.
A motion was made by Corbett, seconded by McClemans, to amend the Vision 2020
Comprehensive Plan Future Land Use Plan (South Campus Neighborhood District Plan) to
include the area from Medary Ave. to 14th Ave. and from 6th St. to 7th St. (Legal Description:
Blocks 1 and 6 of Randi Petersons, Blocks 1, 2 and 3 of Sandersons Addition).
A motion was made by Reed, seconded by Niemeyer, to table to the April 10th Council
Meeting. All present voted yes; motion carried.
Resolution No. 49-12. A public hearing was held on Resolution No. 49-12, a Resolution
approving an application for financial assistance, authorizing the execution and submittal of the
application, and designating an authorized representative to certify and sign payment requests.
No public comment. A motion was made by Corbett, seconded by Kubal , to approve
Resolution No. 49-12. All present voted yes; motion carried.
Resolution No. 49-12 - Resolution Approving an Application for Financial Assistance,
Authorizing the Execution and Submittal of the Application, and Designating an authorized
Representative to Certify and Sign Payment Requests.
Whereas, the City of Brookings, South Dakota (the “City”), operating through the Brookings
Municipal Utilities (BMU), currently operates a municipal wastewater utility (the “Utility”) and
has determined it is necessary to proceed with improvements to the Utility, including but not
limited to the Sanitation Wastewater Plant Renovation Project, consisting of upgrades to the
Utility’s wastewater treatment plant and collection system and related improvements, as
outlined in the City’s Facilities Plan, dated June, 2011, as amended March, 2012 (the “Project”);
and
Whereas, BMU has advised the City that financial assistance will be necessary to undertake the
Project and an application for financial assistance to the South Dakota Board of Water and
Natural Resources (the “Board”) has been prepared; and
City of Brookings
April 24, 2012
44
Whereas, the City in cooperation with BMU has reviewed the Application to be submitted to
the Board, true copies of which are attached hereto, and finds it proper in all respects; and
Whereas, it is necessary to designate an authorized representative to execute and submit the
Application on behalf of the City and to certify and sign payment requests in the event financial
assistance is awarded for the Project,
Now, Therefore, Be It Resolved by the City as follows:
1. The City hereby approves an Application for financial assistance to the South Dakota
Board of Water and Natural Resources for the Project as set forth with particularity in
the Application attached hereto, which Application is hereby approved.
2. The Executive Vice President/General Manager of BMU is hereby authorized to execute
the Application and submit it to the South Dakota Board of Water and Natural
Resources, and to execute and deliver such other documents and perform all acts
necessary to effectuate the Application and the financial assistance requested therein in
accordance with all terms herein set forth. The Mayor, the City Manager, the City Clerk
and the City Attorney are hereby authorized to execute required loan and other
documents, along with the President and Executive Vice President/General Manager of
BMU.
3. The Executive Vice President/General Manager of BMU is hereby designated as the
authorized representative of the City to do all things on its behalf to certify and sign
payment requests in the event financial assistance is awarded for the Project.
4. This resolution is effective immediately upon passage.
Resolution No. 50-12. A public hearing was held on Resolution No. 50-12, a Resolution
authorizing the City Manager to sign an On/Off Sale Wine Operating Agreement for Cenex Zip
Trip #64, 3045 LeFevre Dr., Brookings, South Dakota, legal description: Lot 6, N 225’ of E 30’
Lot 7, LeFevre Addition. No public comment. A motion was made by Kubal, seconded by
Niemeyer, to approve Resolution No. 50-12. All present voted yes; motion carried.
Resolution No. 50-12 - Cenex Zip Trip #64 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 Cenex Zip Trip #64, 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 3045 LeFevre
Drive.
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.
Resolution No. 51-12. A public hearing was held on Resolution No. 51-12, a Resolution of
Intent of the City of Brookings to lease to Bel Brands, USA, the following described property in
the Research and Technology Center: 811 32nd Avenue, Brookings, SD. No public comment.
A motion was made by Corbett, seconded by Kubal, to approve Resolution No. 51-12. All
present voted yes; motion carried.
City of Brookings
April 24, 2012
45
Resolution No. 51-12 - Resolution of Intent to Lease Real Property to Bel Brands, USA
Be It Resolved by the governing body of the City of Brookings, South Dakota that the City of
Brookings intends to enter into a lease agreement with Bel Brands, USA, for a period of one
year and automatically renewable on a month to month basis thereafter and pertaining to the
following described property: Research & Technology Center – 811 32nd Avenue
Be It Further Noted, that a Public Hearing on this Resolution was held on March 27, 2012 at
6:00 o’clock P.M. at the City Council Chambers and that all persons were given an opportunity
to be heard on the intent to lease real property.
Ordinance No. 04-12. A public hearing was held on Ordinance No. 04-12, an Ordinance
amending the Zoning Ordinance of the City of Brookings and pertaining to a community center
as a conditional use in the Business B-2A District. No public comment. A motion was made by
Kubal, seconded by Corbett, to approve Ordinance No. 04-12. All present voted yes; motion
carried.
Ordinance No. 05-12. A public hearing was held on Ordinance No. 05-12, an Ordinance
rezoning Lot 9, Block 2, University First Addition from a Business B-2 District to a Residence
R-3 District. No public comment. A motion was made by Kubal, seconded by Niemeyer, to
approve Ordinance No. 05-12. All present voted yes; motion carried.
Ordinance No. 06-12. A public hearing was held on Ordinance No. 06-12, an Ordinance for
an application for a conditional use permit to establish a Major Home Occupation (portrait
studio) on Lot 8, Block 8, Morehouse Addition (819 9th Avenue). Public Comment: Kate
Heiberger. A motion was made by Corbett, seconded by Niemeyer, to approve Ordinance
No. 06-12. All present voted yes; motion carried.
Preliminary Plan. A motion was made by Kubal, seconded by Niemeyer, to approve a
revised preliminary plan pertaining to private street widths in the Prairie Hills Addition (20th St.
So. and 7th Ave. So. Area). Public comment: Jim Flippin. All present voted yes; motion carried.
Resolution No. 52-12. A motion was made by Niemeyer, seconded by Corbett, to approve
Resolution No. 52-12, a Resolution approving Tax Increment District Number Six Project Plan.
No public comment. All present voted yes; motion carried.
Resolution No. 52-12 - Resolution Approving Tax Increment District Number Six Project Plan
Whereas, the Brookings City Planning Commission has recommended the approval of the Tax
Increment Project Plan for Tax Increment District Number Six; and
Whereas, the City Council finds that all requirements have been met in order to approve said
Tax Increment Project Plan.
Now Therefore, Be It Resolved by the City Council
City of Brookings
April 24, 2012
46
1. Approval of Project Plan. The project plan, a copy of which is on file with the City
Finance Officer hereby approved.
2. Findings. The City Council finds that the project plan is feasible and that it conforms to
the City’s master plan. All findings made in the tax increment plan are included herein
by reference.
3. Effective 20 days after publication. This resolution shall become effective 20 days after
publication and absent any challenge at law, all findings and conclusions in the Tax
Increment Project Plan for Tax Increment District Number Six shall be final.
Resolution No. 53-12. A motion was made by Kubal, seconded by Corbett, to approve
Resolution No. 53-12, a resolution amending the City of Brookings Vision 2020 Comprehensive
Plan (Major Street Plan Amendment designating an extension of 25th Avenue as a minor
collector). No public comment. All present voted yes; motion carried.
Resolution No. 53-12 - A Resolution amending the City of Brookings
Vision 2020 Comprehensive Plan
Whereas, the City Council of the City of Brookings, SD in accordance with SDCL 11-6-18
adopted the Vision 2020 Comprehensive Plan for the City of Brookings, SD; and
Whereas, the City Council determined that the Major Street Plan of said Comprehensive Plan
should be amended and supersede the previously adopted Major Street Plan of the
Comprehensive Plan adopted February 11, 2002; and
Whereas, the City Planning Commission of the City of Brookings, SD has recommended
approval of the Vision 2020 Comprehensive Plan in accordance with SDCL 11-6-17;
Now, Therefore, Be It Resolved by the City of Brookings, SD that the Major Street Plan of the
Vision 2020 Comprehensive Plan, as amended, is hereby adopted for the City of Brookings,
with said map to supersede the previous Major Street Plan. The Vision 2020 Comprehensive
Plan shall be on file in the office of the City Clerk and is available for public inspection by any
interested person.
2012 Strategic Plan. A motion was made by Kubal, seconded by Niemeyer, to approve the
2012 Strategic Plan. All present voted yes; motion carried.
2012 Strategic Plan - City of Brookings
1) 34th Avenue/20th Street Transportation Corridor (Southeast Ring Route). Commentary:
This project involves building political and financial support for a long-range transportation
improvement project for the extension and improvement of 34th Avenue from Prince Drive to
I-29 exit 127; and a connection with the improvement of 20th Street from 22nd Avenue easterly
to meet with 34th Avenue. This involves an additional overpass and full-interchange at I-29.
This new transportation corridor will serve as a southern perimeter ring route to
accommodate continued growth of Brookings. It will also enhance safety and alleviate traffic
congestion at Highway 14 and I-29 exit 132. It will serve to connect the growth of industrial
jobs on the east with the growth of residential development on the southwest. The project will
City of Brookings
April 24, 2012
47
involve several phases over several years. In partnership with the SDDOT, the comprehensive
community transportation plan has been completed as has Phase I of the project which was 34th
Avenue from Hwy. 14 to Prince Avenue. Action Steps/Timeline: a) Get the project on the
SDDOT Statewide Transportation Improvement Plan (STIP), b) Continue to work with federal
agencies and the congressional delegation for federal funding options. Lead Staff Assignment:
City Engineer Jackie Lanning, Community Development Director Mike Struck. Partners: East
Brookings Business and Industry Council, BEDC Executive Director Al Heuton
2) Airport Funding Plan. Commentary: Federal funding participation has been reduced from
95 to 90 percent for the current airport improvement project effective immediately. The State
of South Dakota has committed to make up this funding shortfall for 2012 by increasing the
state apportionment from three percent to eight percent for 2012 projects. The City will need
to adjust its local participation funding plan to accommodate this reduction in federal
participation for subsequent years. Action Steps/Timeline: Adjust 2013-2016 CIP to reflect
funding changes for balance of the project. (September) Lead Staff Assignment: City Engineer
Jackie Lanning, Airport Manager Philip Tiedeman
3) Omnibus Economic Development Initiative. Commentary: This item includes several,
independent initiatives that, taken together, provide an aggregated and comprehensive
economic development workplan for Brookings. It is intended to complement, not conflict or
duplicate, the duly-adopted BEDC economic development plan. The individual initiatives
include: a) Identification/recruitment of job-producing commercial/industrial employers for the
Svennes, Foster, Tellkamp (south), and Weise properties, b) Infill development for SDSU
Innovation Campus, c) Retail/service sector recruitment and development, d) Follow-up of the
branding program for marketing/ advertising/promotion, e) Visitor promotion strategies, f)
Implementation plan of BID revenues, g) Industrial land identification and acquisition, h)
Identification/development of plan for conference/meeting facility improvements, i)
Implementation of I-29 Corridor initiatives. Action Steps/Timeline: TBD Lead Staff
Assignment: Community Development Director Mike Struck. Partners: BEDC Executive
Director Al Heuton, BEDC Economic Development Specialist Ryan Brunner, Growth
Partnership Interim Director Dwaine Chappel
4) Review Of On-Sale Liquor Operating Agreements. Commentary: This project involves a
comprehensive review of terms and conditions embodied in the boilerplate operating
agreements for on-sale liquor licenses. This review will be undertaken without any specific
establishment or application pending in order to promote as much of an objective evaluation as
possible. It has been several years since there have been any material changes to this draft
document with only minor adjustments to meet specific conditions of the operating manager.
Action Steps/Timeline: a) Schedule informal meeting to discuss current document; Council to
identify terms and conditions to be revisited for possible changes. (May), b) Develop policy
options/alternatives for changes; conduct legal analysis. (June), c) Hold public hearings on
revised “boilerplate” document. (July), d) Adopt revised document. (July/August) Lead Staff
Assignment: City Clerk Shari Thornes, City Attorney Steve Britzman
5) “Lean” Government Practices. Commentary: This initiative involves a comprehensive
bottom-up analysis of the City’s service delivery operations to improve efficiency as well as
City of Brookings
April 24, 2012
48
effectiveness. But instead of focusing on “what” we do, an examination of ‘lean government’
focuses on the “how to” considerations examining the systems behind the programs and
services instead of what is being done. Programmatic ‘systems’ are where the costs of service
delivery lie and refiguring such systems is where efficiency improvements can be found to
provide services better, faster, and for less cost. Used extensively in the private sector for
products, the applications of ‘lean’ government are finding success in government services as
well. Action Steps/Timeline: a) Increase education among staff about ‘lean’ government
principles and practices, b) Identify a specific program(s) or service(s) as a demonstration
project(s) for implementation, c) Identify next level of services and programs subject to
program implementation. Lead Staff Assignment: TBD
6) Technology Master Plan. Commentary: Technological advancements are occurring in
government at breakneck speeds. As such, the City needs to develop a comprehensive plan that
addresses the needs, means, and methods of better utilizing technology for customer service.
Since such technology represents a significant capital investment, such strategies must be
programmed into budgets and integrated into departmental programs, services, and activities.
Some external issues that need to be identified are the expansion of high-speed fiber
throughout the community, wifi “hot spots”, and broadband capabilities. Some internal aspects
that need to be developed into this master plan are: a) Hardware/software capital replacement
and upgrades for specific services and applications, b) Social media considerations such as
expanded utilization of twitter, facebook, and the website that ensure they are kept current,
transparent, and user-friendly, c) Technological advances that further promote government
transparency, d) Technological integration for service improvement with the County in the new
building, e) Updates/upgrades to the public access channel, f) Continued migration to on-line
public interaction for specific services. Action Steps/Timeline: TBD
Lead Staff Assignment: Finance Manager Rita Thompson, City Clerk Shari Thornes, IT Specialist
Reed Walter
Major 2012 Departmental Projects. Strategic Plan items: 34/20 Transportation Corridor,
Airport funding plan, Omnibus Economic Development Initiative, Review of on-sale liquor
operating agreements, “Lean” government practices, Technology Master Plan, Government
Center (City Manager), County Resource Center options ( City Manager), Bel Brands digester
construction (City Manager/Comm. Dev.), Gateway Project (Comm. Dev.), South Campus
Neighborhood re-zoning (Comm. Dev.), Certification of TIF District 7 (Comm. Dev.), Industrial
Land sales (Comm. Dev.), Nature Park, phases I & II (P&R), Pheasant Nest Dog Park (P&R),
Valley View Park Development (P&R), Playground Equipment at three parks (P&R), Swiftel
Center storage addition (Swiftel), City Hall remodel for Police (Police/City Manager), East Fire
Station Training Center (Fire/City Manager), South Fire Station land procurement (Fire/City
Manager), Ordinance re-codification (City Clerk), Curbside recycling automation (Solid Waste),
Library inter-loan systems upgrade (Library), Collective bargaining agreements (Human
Resources), Software module upgrades (Finance/IT), Airport re-alignment (Eng.), 32nd Avenue
(Eng., 25th Avenue (Eng.), 20th Street (Eng.) Nelson pond storm drainage (Eng.), Pheasant Nest
storm drainage (Eng.), Camelot Square storm drainage (Eng.), Weise Addition storm drainage
(Eng.).
City of Brookings
April 24, 2012
49
Adjourn. A motion was made by Corbett, seconded by Kubal, to adjourn. All present voted
yes; motion carried. Meeting adjourned at 8:18 p.m.
CITY OF BROOKINGS
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
City of Brookings
April 24, 2012
50
CONSENT AGENDA #4
C. Action on Resolution No. 54-12, a Resolution authorizing the
Brookings Summer Arts Festival Committee to have exclusive
use of Pioneer Park.
Resolution No. 54-12
A Resolution Authorizing the Brookings Summer Arts Festival
Committee to Have Exclusive Use of Pioneer Park
Whereas, the Brookings Summer Arts Festival will be held in Pioneer Park on July 14-15, 2012,
and
Whereas, the Summer Arts Festival Committee has requested the exclusive use and control of
Pioneer Park and its facilities for said festival, plus additional days for preparation and takedown,
and
Whereas, the Summer Arts Festival Committee will provide evidence of liability insurance
coverage including the City of Brookings as named insured, and
Whereas, the Summer Arts Festival Committee has agreed to accept responsibility for the
conduct of the Summer Festival on said premises, now therefore,
Be It Hereby Resolved that the use of Pioneer Park and its facilities as a public park shall
terminate for the period of July 11 through July 16, 2012.
Be It Further Resolved, that the City Council does hereby grant the exclusive use of Pioneer
Park and its facilities during the Brookings Summer Arts Festival to the Summer Arts Festival
Committee.
Further, It Is Resolved, that the Summer Arts Festival Committee shall be responsible for
maintaining said facilities and cleaning them and returning them to the City of Brookings in good
condition following the festival.
Passed and approved this 24th day of April, 2012.
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City of Brookings
April 24, 2012
51
CONSENT AGENDA #4
D. Action to approve various volunteer appointments.
Mayor Reed has submitted the following volunteer appointment
recommendations for City Council advice and consent:
Airport Board
Number of positions: 1
Position currently held by: Lynn Riedesel
Term Length: 5 year
Residency Requirement: County
Purpose: The Airport Board gives recommendations to city staff for the management,
supervision, regulations, and care for the Brookings Regional Airport. Any rules or regulations
are subject to approval of the City Manager.
Mayor’s Recommendation:
1. Reappoint Lynn Riedesel
Brookings Committee for People who have Disabilities
Vacancy: 1 (Student representative)
Position currently held by: Sylvia Lozada
Term Length: 1 year
Residency Requirement: Required for 7 members
Purpose: 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 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 Lozada
Human Rights Committee
Number of positions: 1 (Student representative)
Positions currently held by: Anna Leisa Schuh
Term Length: 1 year
Residency Requirement: Not required
Purpose: 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; and
Conducting educational programs and disseminates information to further the committee’s
policy to eliminate discrimination in the city.
City of Brookings
April 24, 2012
52
Mayor’s Recommendation
1. Reappoint Anna Leisa Schuh
Park & Recreation Board
Vacancy: 3 (1 Member and 2 Student representatives )
Positions currently held by: Ann Martin, Matthew Glanzer (High School rep.) &
Brittany Kleinsasser (College rep.)
Term Length: Student positions – 1 year
Residency Requirement: Not required
Purpose: The Park & Recreation Board provides advice to the Director of Parks, Recreation
and Forestry to assist in fulfilling the administering of the public park system, recreation
programs and city forestry program. The Board also advises the City Council and makes
recommendations on matters regarding park capital improvements and planning.
Mayor’s Recommendation:
1. Appoint Will Bordewyk - High School Student Position
2. Reappoint Brittany Kleinsasser – College Student Position
3. Appoint Abigal Howard - Park and Recreation Board
Traffic Safety Committee
Number of positions: 3 (1 Citizen-at-large rep. & 1 Industry rep.)
Term Length: 3 years
Residency Requirement: The majority of the members shall be residents of the city.
Purpose: 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. Appoint James Weiss
2. Appoint John Howard
3. Appoint Margie Wagner-Carpenter
City of Brookings
April 24, 2012
53
Utility Board
Vacancy: 1
Positions currently held by: Steve Myers
Term Length: 5 year
Residency Requirement: Required (resident & land owner)
Purpose: The Utility Board is an administrative body responsible for the management and
control of the electric, water, wastewater and telephone utilities of the City of Brookings.
Mayor’s Recommendation:
1. Reappoint Steve Myers
Visitor Promotions Committee
Vacancy: 2 (Student representatives)
Positions currently held by: Anthony Sutton & Jameson Berreth
Term Length: 1 year
Residency Requirement: Not required
Purpose: The Visitor Promotions Committee was created to attract out of town visitors for
events with economic impact and to attract attention and the expenditures of out of town
visitors to the City of Brookings and surrounding area and the VPC shall also provide marketing
counsel and advice to the Director of the Brookings Area Convention and Visitors Bureau and
the Brookings Area Chamber of Commerce Board of Directors.
Mayor’s Recommendation:
1. Visitor Promotions Committee (2 student positions – PENDING).
City of Brookings
April 24, 2012
54
CONSENT AGENDA #4
E. Action to purchase an unmarked Police SUV vehicle off of State
List Contract.
To: Jeff Weldon, City Manager
From: Jeff Miller, Chief of Police
Re: Purchase off of State List Contract
As budgeted for fiscal 2012, the Brookings Police Department is requesting
the purchase of an SUV for the Criminal Investigative Division. This
purchase replaces the 2000 Ford Expedition which has reached its 100,000
mile benchmark and may be re-used by another city department.
The vehicle was selected from the state bidding process and the state bid
pool of vendors from Billion Motors of Sioux Falls. No local vendors were
able to meet the state bid price of $31,549 for the specifications set forth
on a 2012 Chevy Tahoe. This is a consent item as the bidding process has
already been conducted by the state of South Dakota. Staff recommends
the purchase of this vehicle.
City of Brookings
April 24, 2012
55
CONSENT AGENDA #4
F. Action on Resolution No. 55-12, a Resolution authorizing the City
Manager to sign the On-Sale Liquor Operating Agreement 5-year
midpoint renewal for Danny’s Lounge.
The City of Brookings enters into Liquor Operating Agreements for a 10-
year period with a renewal at five years. The Operating Agreement for
Danny’s Lounge, located at 703 Main Ave. So., is at the five-year point in
the 10-year agreement. Resolution No. 55-12, would allow the City
Manager to enter into the remaining five years of the agreement.
Resolution No. 55-12
Danny’s Lounge Operating Agreement Renewal
Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a
Lease Renewal Agreement for the Operating Liquor Management Agreement between the City
of Brookings and Danny’s Lounge, 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 703 Main Ave. So., also
known as the Danny’s Lounge.
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.
Passed and approved this 24th day of April, 2012.
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City of Brookings
April 24, 2012
56
CONSENT AGENDA #4
G. Action on Resolution No. 56-12, a Resolution authorizing the City
Manager to sign the On-Sale Liquor Operating Agreement 5-year
midpoint renewal for the Fireside Restaurant & Lounge.
The City of Brookings enters into Liquor Operating Agreements for a 10-
year period with a renewal at five years. The Operating Agreement for The
Fireside Restaurant and Lounge, located at 2515 E. 6th St., is at the five-year
point in the 10-year agreement. Resolution No. 56-12, would allow the City
Manager to enter into the remaining five years of the agreement.
Resolution No. 56-12
Fireside Restaurant & Lounge Operating Agreement Renewal
Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a
Lease Renewal Agreement for the Operating Liquor Management Agreement between the City
of Brookings and Judy Faber, Fireside Restaurant & Lounge, 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
2515 E. 6th St., also known as the Fireside Restaurant & Lounge.
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.
Passed and approved this 24th day of April, 2012.
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City of Brookings
April 24, 2012
57
5. Items removed from Consent Agenda.
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.
City of Brookings
April 24, 2012
58
Open Forum
6. Invitation for a Citizen to schedule time on the Council Agenda
for an issue not listed.
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.
7. SDSU Student Senate Report.
President – Jameson Berreth
Vice-President – Wyatt DeJong
Administrative Assistant –
Finance Chair –
State & Local Chair –
SDSU Senate Website: http://www.wix.com/sdsu_sa/sa
Student Elections were held April 3-4, 2012.
Chairs were recently appointed – names to be announced later.
City of Brookings
April 24, 2012
59
Open Forum / Presentations / Reports
8. Mayor’s Annual State of the City Message.
Mayor Reed will present his annual State of the City Message at the meeting.
A copy of the report will be available after the meeting on the City of
Brookings website (www.cityofbrookings.org).
City of Brookings
April 24, 2012
60
Open Forum / Presentations / Reports
9. Mayor’s Ride & Walk Announcement.
City of Brookings
April 24, 2012
61
Other Business
10. Presentation on Automated Curbside Recycling.
TO: City Manager, Mayor and City Council Members
FROM: Interim Director of Solid Waste, Todd Langland
RE: Automating Curbside Recycling Collection Program
The Solid Waste staff has been looking at making improvements to our recycling
collection system, which was started in 1996. While we believe we have a very efficient
solid waste collection and recycling system, we would like to automate the collection of
recyclables as an overall program improvement. Once a week we service and pickup
household garbage for over 4,600 home, and curbside recycling for over 3,200 homes.
As the City of Brookings looks to the future, we need to take the next step to more
fully automate the collection of recyclable materials.
This automation change involves utilizing the automatic lifting arms of the trucks to pick
up recyclable container bins instead of manually picking up the currently-used bins and
emptying them by hand into the truck.
One of the benefits of automating the recycling program would be curbside appearance.
All recycling material would be placed in one container with a lid protecting the
recyclables from the elements (rain, wind, snow, etc.). There would be labor savings
with one operator per truck instead of the current two operators. Labor savings would
be moved to the yard waste program to help cut overtime costs. There would also be
workers compensation savings with less lifting of carts reducing the risk of injury to
operators. This change is expected to increase the number of residents recycling. In
addition, there are obvious benefits of improved environmental stewardship with regard
to sustainability issues as well as “lean” government practices associated with automated
curbside recycling collection.
The Solid Waste Department does a cost analysis of its rates every three years. The
cost analysis done on the automated curbside recycling program would result in a $.83
cost reduction per household per month. The cost savings would be taken into
consideration to help defer future increases in expenses to maintain the program.
The City of Brookings would provide the 65 gallon container at no cost for residents
who are recycling. The City would be responsible for all container maintenance and no
additional staff would be needed to start the program.
The Collection Operation currently has three automated trucks which would be utilized
for the Recycling Operation.
The funding for the project would come from a matching grant through the State of
South Dakota. We would need approximately 3,200 carts, at an estimated cost of
City of Brookings
April 24, 2012
62
$225,000, to start the Automated Recycling Collection System. It would be beneficial to
add an automated truck to this grant for a complete project. The Collection Operation
is scheduled to replace one truck in 2012, at a cost of $225,000 to $250,000. If
matching funds would be granted, the start up costs of the automation would be
reduced by one half. We would be able to utilize the same trucks for solid waste as well
as recyclable collection instead of having separate trucks for different types of collection.
The grant would go toward the purchase of recyclable containers.
Council approval is needed to begin the grant writing process to get the matching funds
in place. Once the funds are in place, the carts could be let for bid; takes approximately
eight to ten weeks to receive the carts. The truck could be bid at the same time, taking
approximately four to six months to receive.
This automated collection system will not change the single stream program, other than
giving the residents a container in which to place the recyclable material, thus
eliminating the diverse assortment of private containers at the curb for privately-owned
recyclable containers. The route pickup days will remain the same. Public education
will have to be done when the containers are ready to distribute. This change will take
time to implement but it will continue to provide efficient and economical service to our
residents at a reasonable rate now and in the future as the community continues to
grow.
Staff recommends council approval of a motion directing staff to pursue an
implementation plan for automated curbside recycling and apply for the state grant.
Action: Informational
City of Brookings
April 24, 2012
63
Other Business
11. Action on Resolution No. 68-12, a Resolution approving the Solid
Waste Management Program Funding Application Sponsorship.
The attached Resolution No. 68-12 is in support of submitting an
application to the South Dakota Department of Environment & Natural
Resources Solid Waste Management Program Grant for financial assistance
associated with implementing automated curbside recycling. Resolution
No. 68-12 authorizes the Solid Waste Department to prepare and submit
the Solid Waste Management Program application for grant funding.
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City of Brookings
April 24, 2012
64
Resolution No. 68-12
Solid Waste Management Program Funding Application Sponsorship
Whereas, the City of Brookings has determined the need for a standardized recycling collection
container;
Whereas, standardized recycling practices have shown to increase recycling;
Whereas, automation of recycling collection increases efficiency;
Whereas, grant assistance from the Solid Waste Management Program of the South Dakota
Department of Environment & Natural Resources is desirable to enable the City of Brookings
to implement this project;
Whereas, increased recycling will extend the life of the Brookings Regional Sanitary Landfill;
Now, Therefore, Be It Resolved by the City of Brookings, SD that the City Council of
Brookings does hereby fully support and recommend funding of this program and authorizes
the Brookings Solid Waste Department to make application for this grant to the State of South
Dakota, Department of Environment & Natural Resources.
Passed and approved this 24th day of April, 2012.
CITY OF BROOKINGS
__________________________
Tim Reed, Mayor
ATTEST:
__________________________
Shari Thornes, City Clerk
City of Brookings
April 24, 2012
65
Contracts and Change Orders
12. Action on Resolution No. 57-12, a Resolution awarding the
contract for one (1) used Farm Tractor for the Landfill.
A bid letting was held on Tuesday, March 27, 2012 for a used Farm Tractor
for the Landfill Operation. This tractor was part of the 2012 Capital
Budget; budgeted $150,000.00.
One bid was received from Brookings Equipment, Inc., Brookings, SD in the
amount of $85,895.00.
The farm tractor will be used to pull the Con Cover Machine. This
machine has a 1,250 gallon water/mixing tank on its frame and an empty
weight of 17,500 pounds. The Con Cover Machine is used daily to mix and
spray the alternative daily cover (ADC) on the garbage at the end of the
day, which holds the garbage in place. This daily process of spraying ADC
is required per the City of Brookings Landfill permit from the DENR. Staff
recommends awarding the low bid to Brookings Equipment, Inc. for
$85,895.00.
Resolution No. 57-12
Resolution Awarding Bids for a Used Farm Tractor
Whereas, the City of Brookings opened bids for a Used Farm Tractor on Tuesday, March 27,
20121 at 1:30 p.m. at Brookings City Hall; and
Whereas the City of Brookings has received the following bid for one (1) Used Farm Tractor:
Brookings Equipment, Inc., $85,895.00.
Now Therefore, Be It Resolved that the bid from Brookings Equipment, Inc. in the amount of
$85,895.00 be accepted.
Passed and approved this 24th day of April 2012.
CITY OF BROOKINGS
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City of Brookings
April 24, 2012
66
Contracts and Change Orders
13. Action on Resolution No. 58-12, a Resolution awarding the
contract for the East Fire Station Addition.
To: Jeff Weldon, City Manager
From: Darrell Hartmann, Fire Chief
RE: East Fire Station Addition
The 2012 City Budget included $750,000.00 for the East Fire Station Addition
Project. The City has carried over two amounts from the 20II fire department
capital budget. We carried over the $50,000 intended to repair the old fire hall,
plus we carried over $16,200 from the 2011 Fire Department capital equipment
line. Thus, the total working budget for the East Fire Station Addition Project is
$816,200.
The plans for this project were available through Banner Associates, Inc. and two
builder’s exchanges. The bid letting was held on March 27, 2012 at 1:30 p.m.
with the following two bids received:
Bidder's Name Base Bid Bid Alternate #1
Sunkota Construction $753,000 -$3,000
Clark Drew Construction $787,800 -$2,350
The low total bid, including Bid Alternate #I, was lower than the architect's
estimate of $779,209.00. We recommend awarding the East Fire Station
Addition Project to the low bidder Sunkota Construction, Inc. for the bid of
$750,000.00.
Additional fees for the project are: NE Fees $60,000.00, Site Survey $2,000.00,
and Geotech Soils Report $1,269.00. The total for the project is $813,269.00
with available financing of $816,200. This makes financing the project extremely
tight with little or no room for contingencies. We will continue to look for value
engineering options to reduce the cost of the project. The budget estimate was
developed before the family restroom was added, which increased the price of
the project.
The demolition of the current building located at 306 3rd Street and a new
parking lot for 20 additional parking spots is estimated at $60,000.00 and would
be funded in the 2013 budget process.
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City of Brookings
April 24, 2012
67
Resolution No. 58-12
Resolution Awarding Bids for the East Fire Station Addition
Whereas, the City of Brookings opened bids for the East Fire Station Addition on Tuesday,
March 27, 2012 at 1:30 pm at Brookings City Hall; and
Whereas the city of Brookings has received the following bids for the East Fire Station
Addition: Clark Drew Construction, Brookings, SD, Base Bid of $787,800, Alternate #1 of -
$2,350; Sunkota Construction, Sioux Falls, SD, Base Bid of $753,000, Alternate #1 of -$3,000.
Now Therefore, Be It Resolved that the low bid of Sunkota Construction, Sioux Falls, SD for
$753,000.00, with Bid Alternate #1 of -$3,000.00, be accepted.
Passed and approved this 24th day of April 2012.
CITY OF BROOKINGS
________________________________
Tim Reed, Mayor
ATTEST:
_________________________
Shari Thornes, City Clerk
City of Brookings
April 24, 2012
68
Contracts and Change Orders
14. Action on Resolution No. 59-12, a Resolution rejecting bids for
the 32nd Avenue North Project.
The City Council held a public hearing for the 32nd Avenue street project, which is located
between the South Dakota Newspaper Association and Highway 14 Bypass. The Resolution of
Necessity No. 39-12 was approved on March 13, 2012, which authorized the City to proceed
with this project. The street was designed by Banner Associates and is approximately 2,500
feet long and is proposed to be forty-one feet wide, which will include curb and gutter, grading,
gravel, drain tile, storm sewer, a detention pond for the west portion of the Foster Addition.
The bid specifications were designed with a base bid for the grading, storm sewer and curb and
gutter, Alternate #1 for Asphalt Concrete Surfacing, and Alternate# 2 for PCC Pavement
Surfacing.
The City of Brookings opened bids for Project 2012-02STA 32nd Avenue Street Project on
Tuesday, April 3, 2012 at 1:30 pm at Brookings City Hall and received the following Bids:
BASE BID ALT #1 (Asphalt) ALT#2 (Concrete)
T&R Contracting, Sioux Falls: $479,602.58 No Bid $450,513.30
Bowes Construction Co., Inc., Bkgs: $507,607.13 $459,400.00 $524,590.00
Rounds Construction, Bkgs: $513,646.20 $506,545.15 $518,364.90
Buskerud Construction, Dell Rapids: $582,368.00 No Bid $503,125.00
Banner Associates Engineer’s Estimate was: Base Bid: $591,463, Alternate #1: $524,640, and
Alternate #2: $539,980. T & R Contracting’s low Base Bid of $479,602.58 and Alternate #2
(PCC Pavement Surfacing) of $450,513.30 for the total of $930,115.88 is approximate 18%
lower than Banner Associates Engineer’s Estimate of $1,131,442.50 for the total of the Base Bid
and Alternate #2.
After the bids were opened, the City received notification this project was eligible for grant
assistance pending compliance with the funding agency’s rules and regulations. In order to be
eligible for the funding assistance, the City will need to reject the bids and re-bid the project
with the appropriate funding agency’s regulations included in the bid specifications.
Resolution No. 57-12 will reject all bids submitted for Project 2012-02STA 32nd Avenue Street
Project.
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City of Brookings
April 24, 2012
69
Resolution No. 59-12
Resolution Rejecting Bids on Project 2012-02STA
32nd Avenue Street Project
Whereas, the City of Brookings opened bids for Project 2012-02STA 32nd Avenue Street
Project on Tuesday, April 3, 2012 at 1:30 pm at Brookings City Hall; and
Whereas, the City of Brookings has received the following bids for Project 2012-02STA 32nd
Avenue Street: T&R Contracting, Sioux Falls, SD - Base Bid: $479,602.58, Alternate #1
(Asphalt Concrete Surfacing): No Bid, Alternate #2 (PCC Pavement Surfacing): $450,513.30;
Bowes Construction Co., Inc., Brookings, SD – Base Bid: $507,607.13, Alternate #1 (Asphalt
Concrete Surfacing): $459,400.00, Alternate #2 (PCC Pavement Surfacing): $524,590.00;
Rounds Construction, Brookings, SD – Base Bid: $513,646.20, Alternate #1 (Asphalt Concrete
Surfacing): $506,545.15, Alternate #2 (PCC Pavement Surfacing): $518,364.90; Buskerud
Construction, Del Rapids, SD – Base Bid: $582,368.00, Alternate #1 (Asphalt Concrete
Surfacing): No Bid, Alternate #2 (PCC Pavement Surfacing): $503,125.00.
Whereas, the City of Brookings received information indicating this project is eligible for grant
funds which require the specifications to meet certain wage rate and disadvantage business
requirements that were not included in this bid.
Now Therefore, Be It Resolved that all bids for Project 2012-02STA 32nd Avenue Street Project
be rejected.
Passed and approved this 24th day of April 2012.
CITY OF BROOKINGS
________________________________
Tim Reed, Mayor
ATTEST:
_________________________
Shari Thornes, City Clerk
City of Brookings
April 24, 2012
70
Contracts and Change Orders
15. Action on Resolution No. 60-12, a Resolution authorizing the
Mayor to sign an agreement with South Dakota Department of
Transportation assistance with the Brookings Regional Airport
Project 3-46-0005-25-2012.
The design for the new runway alignment project at the Brookings Regional
Airport has been progressing. The new Airport Layout Plan and Approach
Survey have been completed and the 404 permit and no-rise certification
have been submitted for agency review. The next step is to design the new
Runway 11/29 realignment Phase I project, which will include relocation of
6-Mile Creek with a bridge, 404 permit wetland mitigation, earthwork and
grading, granular fill and gravel base course, and wildlife fencing. Helms and
Associates proposes an agreement for the design work, construction
administration, inspection and staking work for the maximum limiting
amount of $699,392.67.
The South Dakota Office of Aeronautics hired an independent fee review
of the engineering fees proposed in the Helms and Associates agreement.
The independent review was conducted by Interstate Engineering, which
examined the tasks outlined along with the project scope and they
determined the total estimated engineering fees would be approximately
$743,855.61. Therefore, the SDDOT Office of Aeronautics has approved
of the Helms and Associates Agreement. It is anticipated the City of
Brookings will receive a grant for this agreement, which will be issued at a
later date and will be brought to the City Council for acceptance.
This resolution will authorize the Mayor to sign the Sign an Agreement for
Professional Services for Brookings Airport Runway 11/29 Realignment
Phase I Project, AIP #3-46-0005-025-2012.
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City of Brookings
April 24, 2012
71
Resolution No. 60-12
Resolution authorizing the Mayor to sign an Agreement for Professional Services
for Brookings Regional Airport Project No. AIP #3-46-0005-025-2012, Design and
Construction of Runway 11/29 Realignment Phase I.
Whereas, the Brookings City Council desires South Dakota Department of Transportation
assistance with the Brookings Regional Airport Project 3-46-0005-25-2012;
Whereas, the City of Brookings desires professional services with Helms and Associates for the
design and construction of Runway 11/29 Realignment Phase I including relocation of 6-Mile
Creek with Bridge, 404 permit wetland mitigation, earthwork/grading, granular fill and gravel
base course and wildlife fencing;
Now, Therefore Be It Resolved that the mayor of the City of Brookings is authorized to sign
the Agreement and other related documents for Runway 11/29 Realignment Phase I, Regional
Airport Project 3-46-0005-25-2012.
Dated this 24th day of April, 2012.
CITY OF BROOKINGS
_________________________
Tim Reed, Mayor
ATTEST:
__________________________
Shari Thornes, City Clerk
City of Brookings
April 24, 2012
101
Contracts and Change Orders
16. Action on Resolution No. 70-12, a Resolution Authorizing the
Execution of Real Estate Sale and Purchase Agreement, Scott D.
& Nancy H. Hodges, and Keith D. & Cathy Vanderwal-Rounds,
owners; legal description – Lot 2, Block 2, Nelson Fourth
Addition.
Civil Design Inc. has been designing the Camelot Square Drainage Improvement
Project and the construction plans are being developed. The project layout was
shown at a council meeting. In general, the project will include installing new
storm sewer box culverts along Christine Avenue from King Arthur Court to
south of 15th Street South. At approximately 120’ south of 15th Street South, the
box culvert was originally planned to continue west to connect into the city lot in
Nelson 4th Addition. This segment west of 15th Street South would require a
significantly sized easement or property purchase from the property owners,
Keith Rounds and Scott Hodges due to the size and grade of the box culvert.
The engineers discovered during design that the top of the box culvert would be
higher than the adjacent ground and very hard to backfill without “humping” the
topsoil above the adjacent grade. In addition, the cost of the box culvert
between Christine Avenue and the city lot is estimated at approximately
$110,000. The City Engineer and CDI engineers have determined that a much
better design would be to purchase a parcel of land and to install a valley gutter
between Christine Avenue and the city lot. The valley gutter cost is
approximately $17,600 and the adjacent property can be graded to the edge of
the valley gutter. The valley gutter will also provide better storm water flow
capacity with the open channel as opposed to a box culvert and provide access to
the city lot. Keith Rounds and Scott Hodges have proposed a cost of $15,000 for
the parcel which is 11,727 square feet. The purchase cost would include the
future street cost of Christine Avenue abutting the parcel. Lots in that area are
priced around $30,000. The cost savings to the City for this design is $77,400.
The plat layout was approved by the Planning Commission at their April 3rd
meeting and the plat drawing is included. City Attorney Steve Britzman has
prepared the Resolution Authorizing the Execution of Real Estate Sale and
Purchase Agreement which is also included.
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City of Brookings
April 24, 2012
102
Resolution No. 70-12
Resolution Authorizing the Execution of Real Estate Sale and Purchase Agreement
Be It Resolved by the City Council of the City of Brookings, South Dakota as follows:
Whereas, the City of Brookings desires to purchase the following described property:
Lot Two (2) in Block Two (2) of Nelson Fourth Addition to the City of
Brookings, County of Brookings, State of South Dakota, and
Whereas, the property has been offered for sale and the City of Brookings has
prepared a proposed Real Estate Sale and Purchase Agreement, the terms of which are
satisfactory to the City of Brookings;
Now, Therefore, It Is Hereby Resolved by the City Council of the City of Brookings, South
Dakota, as follows:
A. That the City acquire title to the above-described real property pursuant to
a Real Estate Sale and Purchase Agreement with Scott D. Hodges and Nancy
H. Hodges, husband and wife, and Keith D. Rounds and Cathy Vanderwal-
Rounds, Trustees, of the Keith D. Rounds Revocable Living Trust, dated
August 29, 2006, and Cathy Vanderwal-Rounds and Keith D. Rounds,
Trustees, of the Cathy Vanderwal-Rounds Revocable Living Trust, dated
August 29, 2006 for future land use needs of the City of Brookings, South
Dakota; and
B. That the Mayor, City Clerk and City Manager are authorized to execute the
documents required to complete this transaction in accordance with this
Resolution.
Passed and approved on the 24th day of April, 2012.
CITY OF BROOKINGS:
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
City of Brookings
April 24, 2012
103
REAL ESTATE SALE AND PURCHASE AGREEMENT
____________________________
THIS REAL ESTATE SALE AND PURCHASE AGREEMENT is made and executed by
and between the City of Brookings, South Dakota, (hereinafter referred to as the “City”), and
Scott D. Hodges and Nancy H. Hodges, husband and wife, and Keith D. Rounds and Cathy
Vanderwal-Rounds, Trustees, of the Keith D. Rounds Revocable Living Trust, dated August 29,
2006, and Cathy Vanderwal-Rounds and Keith D. Rounds, Trustees, of the Cathy Vanderwal-
Rounds Revocable Living Trust, dated August 29, 2006, (hereinafter referred to as “Sellers”).
WITNESSETH:
WHEREAS, the City desires to acquire the real property described below and Sellers
agree to convey to the City, pursuant to the terms and conditions of this Real Estate Purchase
Agreement, the real estate described below.
NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND AGREEMENTS
CONTAINED HEREIN, THE PARTIES HERETO MUTUALLY AGREE TO THE FOREGOING AND AS FOLLOWS:
1. Purchase of Real Property. The Sellers hereby agree to sell to the City and the City
hereby agrees to purchase from Sellers the following described real property:
Lot Two (2) in Block Two (2) of Nelson Fourth Addition to the City of
Brookings, County of Brookings, State of South Dakota. (To be platted)
2. Effective Date. This Real Estate Purchase Agreement is effective upon its execution by
all parties.
3. Purchase Price. The City will pay to Sellers the sum of Fifteen Thousand and no/100
($15,000.00) Dollars for purchase of the above-described property, payable at Closing.
4. Additional Specific Terms and Obligations of the Parties.
(a) The City will install approximately 46 feet of reinforced concrete pipe (hereafter
“RCP”) from the proposed box culvert on the west side of Christine Avenue to
the right-of-way on the east side of Christine Avenue, which will terminate with
an area inlet. Civil Design, Inc. (hereafter “CDI”) has determined the pipe
should be 18” diameter, which may be subject to change if it is determined that a
larger size is needed. If a larger RCP is required, the City will provide the
increased size at its expense. Any future changes (after closing of this
transaction) to the 18” RCP or area inlet would also be the responsibility of the
Sellers.
City of Brookings
April 24, 2012
104
(b) The City will install a concrete valley gutter through the property which is the
subject of this Agreement.
(c) The City will pay the platting costs for the property which is the subject of this
Agreement.
5. Merchantable Title/Real Estate Closing Documents and Miscellaneous. Sellers
will convey the property free of liens and mortgages, but the property may be subject to
easements, rights of way and restrictions of record. Sellers will provide clear and marketable
title to the City concerning the above described real property, by Warranty Deed, which
contains only easements, rights of way and reservations of record.
If there are any title restrictions, defects or burdens to which the City objects, other
than easements, rights of way and restrictions of record, such objections shall be stated in
writing to Sellers, and Sellers will be allowed a reasonable time of not less than sixty (60) days
in which to correct the same, and the Closing date will be delayed for not less than sixty (60)
days to provide Sellers with time to correct said defect or defects.
In addition, the City and Sellers, as the case may be, will also perform the following:
A. Title Insurance Policy. Sellers will provide a Title Insurance
Commitment, the amount of which will be based on the purchase price, which
shows Sellers have marketable and merchantable title to the real property which
is the subject of this Agreement. At the time of Closing, the City and Sellers will
each pay one-half (½) of the cost of the Title Insurance Policy.
B. Deed Preparation/Closing Service Fees. The City Attorney for the
City will prepare the Warranty Deed and a Certificate of Real Estate Value
required for this transaction at no expense to the Sellers at the time of Closing.
C. Transfer Fee/Recording Fee/Real Estate Taxes.
1. This transaction is exempt from transfer fees.
2. The City will pay the recording fee for the Warranty Deed.
3. The Sellers will pay the 2011 Real Estate Taxes. The 2012 Real Estate
Taxes and assessments will be prorated to the date of Closing, with
Sellers paying the pro-rated share to the date of Closing based on the
amount of the 2011 real estate taxes. Because the property will be
owned by the City of Brookings, which is a political subdivision, the
property will be exempt from real property taxes from and after the
date of Closing.
D. Closing/Possession/Insurance. The Closing date will be scheduled at
the convenience of the parties at such time as all contingencies have been
City of Brookings
April 24, 2012
105
satisfied or waived, with possession to be given to the City at the time of
Closing. The City estimates that the Closing date will be on or about May 18,
2012. Sellers agree to maintain all existing insurance coverage on the property
until the time of Closing. It is understood and agreed that the City will not be
permitted to take possession of the property until title has transferred.
Closing will be scheduled at a location mutually convenient for Sellers and
the City after the expiration of the referendum period ends without a
referendum occurring, or if a referendum occurs and the public vote approves
the purchase by the City of the real property which is the subject of this
Agreement.
E. No Personal Property Included in this Agreement. No personal
property is included in the sale of the above-described real estate.
F. Current Use of Premises/Leases. Sellers acknowledge there are no
current leases of the above-described property.
G. Surveys and Tests. The City, its employees, agents and contractors will
have the right to enter upon the above-described real property to perform such
soil tests and surveys upon execution of this Agreement which the City deems
necessary, provided the City’s representatives do not interfere with Sellers’ use
of the property.
6. Contingencies. The obligation of the City to purchase the above-described property
pursuant to this Agreement is contingent upon the following contingencies:
(a) The parties acknowledge the following contingencies are condition precedents to
the performance of this Agreement by the City. Briefly stated, the contingencies
concern: (i) the Resolution of the City, discussed at greater length in subsection
(i) below; and (ii) that no actions or suits are commenced or threatened against
the City prior to Closing and pertaining to the performance of this Agreement,
as is more fully discussed in subsection (ii) below.
(i) Referendum/Election. The City’s obligation to purchase the property
described herein will be terminated if the City Council’s decision to
purchase the above-described property is referred by the voters and
the voters do not approve the purchase. “Referred” means the
voters of the City, at an election, vote to nullify the decision of the
City to purchase or pay for the property described herein. In the
event of a successful referral, this Agreement will be null and void.
This contingency will be waived at the later of the expiration date of
any referendum period if there is no referendum, or the date
following the election canvassing if there is a referendum election,
and the purchase is approved at a referendum election. However, a
City of Brookings
April 24, 2012
106
referendum decision by voters of the City which does not approve
the purchase will permit the City to terminate this Agreement.
(ii) Pending or Threatened Litigation. Through the date of Closing, there
are no actions, suits or proceedings pending or threatened against the
City at law or in equity pertaining to this transaction which might
adversely affect the ability of the City to perform its obligations under
this Purchase Agreement. In the event of pending or threatened
litigation pertaining to this transaction, at the option of the City, this
Agreement may be declared null and void.
7. Good Faith/Mutual Cooperation.
(a) The City will in good faith seek to satisfy all contingencies to this Real Estate
Purchase Agreement and will act in a timely manner to permit its Closing as
early as possible.
At any time and from time to time before and after the Closing, the City will, at
the request of Sellers, and without further consideration, promptly execute,
acknowledge and deliver such further instruments and take such further action
as Sellers may reasonably request in order to consummate and confirm the
transaction contemplated by this Agreement and to accomplish the purposes of
this Agreement; however, no such instruments or actions will impose upon the
City any burden or obligation which is in excess of any burden or obligation
specifically imposed upon the City pursuant to the terms of this Agreement.
(b) At any time and from time to time before and after the Closing, Sellers will, at
the request of the City, and without further consideration, promptly execute,
acknowledge and deliver such further instruments and take such further action
as the City may reasonably request in order to consummate and confirm the
transaction contemplated by this Agreement and to accomplish the purposes of
this Agreement; however, no such instruments or actions will impose upon
Sellers any burden or obligation which is in excess of any burden or obligation
specifically imposed upon Sellers pursuant to the terms of this Agreement.
8. Review by Counsel. The City and Sellers acknowledge that they each have had an
opportunity to review this Agreement with legal counsel, and the parties agree that the rule of
construction to the effect that any ambiguities are to be resolved against the drafting party shall
not be employed in the interpretation of this Agreement.
9. Applicable Law. The laws of South Dakota govern this transaction.
10. Entire Agreement. This written Agreement constitutes the complete Agreement
between the parties and supersedes any prior oral or written Agreement between the parties
regarding the subject matter of this Agreement. There are no verbal agreements that change
this
City of Brookings
April 24, 2012
107
Agreement and no waiver of its terms will be effective unless such are made and executed in
writing and duly acknowledged as received by the parties.
11. Binding Effect. This Agreement binds the parties hereto and their heirs,
successors and assigns, if any.
Dated this ____ day of April, 2012. SELLERS:
SCOTT D. HODGES and NANCY H.
HODGES
Scott D. Hodges
Nancy H. Hodges
Dated this ____ day of April, 2012.
KEITH D. ROUNDS REVOCABLE
LIVING TRUST, DATED AUGUST 29,
2006
By: Keith D. Rounds, Trustee
By: Cathy Vanderwal-Rounds, Trustee
CATHY VANDERWAL-ROUNDS
REVOCABLE LIVING TRUST, DATED
AUGUST 29, 2006
By: Cathy Vanderwal-Rounds, Trustee
By: Keith D. Rounds, Trustee
Dated this ____ day of April, 2012. BUYER:
CITY OF BROOKINGS
(SEAL) By:
Tim Reed, Mayor
ATTEST:
Shari L. Thornes, City Clerk
PLAT OF
A PORTION OF CHRISTINE AVENUE AND LOT 2 OF BLOCK 2 OF NELSON
FOURTH ADDITION TO THE CITY OF BROOKINGS, BROOKINGS COUNTY,
SOUTH DAKOTA.
THIS PLAT TO VACATE AND REPLAT A PORTION OF BLOCK 2 OF “PLAT OF BLOCK 1 AND BLOCK 2 OF NELSON FOURTH
ADDITION TO THE CITY OF BROOKINGS, BROOKINGS COUNTY, SOUTH DAKOTA.” FILED FOR RECORD ON SEPTEMBER 9TH
1993 AT 10:20 A.M. IN PLAT BOOK 18, PAGE 81.
City of Brookings
April 24, 2012
109
Contracts and Change Orders
17. Action on Resolution No. 61-12, a Resolution awarding the
contract for the 2012-08STI Street Maintenance and Overlay
Project.
This project is the annual street maintenance project which includes asphalt
milling, digouts and overlays on various streets in Brookings that are in
need of repair. The streets identified for repair this year include digout
repair and an asphalt overlay on portions of 34th Avenue north of Highway
14 and the landfill road, a mill and overlay on Pheasant Run Road from
Arrowhead Pass to 12th Street South and asphalt repairs on Lefevre Drive.
Long term repairs will be made on Lefevre Drive along with the upcoming
drainage improvement project.
The bid letting for this project was held on Tuesday, April 17, 2012 and the
City received the following bids:
Bowes Construction Co., Inc. $380,070.00
Merl & Roy’s Paving, Inc. $416,000.00
The overlay project bid prices were approximately 6% higher than the
engineer’s estimate of $358,905.00, which was mainly due to an increase in
oil prices over previous years. The cost overrun will be compensated by
postponing $50,000 of work planned for concrete repairs to Railroad
Street until 2013. Recommend awarding the contract to Bowes
Construction Co., Inc. of Brookings, SD for the low bid of $380,070.00.
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City of Brookings
April 24, 2012
110
Resolution No. 61–12
Resolution Awarding Bids on Project 2012-08STI
Street Maintenance and Overlay Project
Whereas, the City of Brookings opened bids for Project 2012-08STI Street Maintenance and
Overlay Project on Tuesday, April 17, 2012 at 1:30 pm at Brookings City Hall; and
Whereas, the City of Brookings has received the following bids for Project 2012-08STI Street
Maintenance and Overlay project: Bowes Construction Co., Inc., Brookings, SD: $380,070.00,
and Merl & Roy’s Paving, Inc.: $416,000.00.
Now Therefore, Be It Resolved that the total low bid of $380,070.00 for Bowes Construction
Co., Inc., Brookings, SD be accepted.
Passed and approved this 24th day of April, 2012.
CITY OF BROOKINGS
________________________________
Tim Reed, Mayor
ATTEST:
_________________________
Shari Thornes, City Clerk
City of Brookings
April 24, 2012
111
Contracts and Change Orders
18. Action on Resolution No. 62-12, a Resolution awarding the
contract for the Street Department 2012 Double Drum Vibratory
Steel Face Roller.
To: Jeff Weldon, Brookings City Manager
From: Koss Delfinis, Street Superintendent
Date: April 17, 2012
RE: Bid - 2012 Double Drum Vibratory Steel Face Roller
The City held a bid letting for a 2012 Double Drum Vibratory Steel Face
Roller at 1:30 p.m. Tuesday, April 17, 2012, at Brookings City Hall with the
following bid being received: Diesel Machinery, Inc., Sioux Falls, SD,
$33,097.00.
The bid has been reviewed and appears to be complete. Staff recommends
awarding the bid to Diesel Machinery, Inc., Sioux Falls, SD, in the amount of
$33,097.00.
Resolution No. 62-12
Resolution Awarding Bids for 2012 Double Drum Vibratory Steel Face Roller
Whereas, the City of Brookings opened bids for a 2012 Double Drum Vibratory Steel Face
Roller on Tuesday, March 27, 2012 at 1:30 pm at Brookings City Hall; and
Whereas the city of Brookings has received the following bid for the 2012 Double Drum
Vibratory Steel Face Roller: Diesel Machinery, Inc. $33,097.00.
Now Therefore, Be It Resolved that the bid from Diesel Machinery, Inc., Sioux Falls, SD for
$33,097.00 be accepted.
Passed and approved this 24th day of April 2012.
CITY OF BROOKINGS
________________________________
ATTEST: Tim Reed, Mayor
_________________________
Shari Thornes, City Clerk
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City of Brookings
April 24, 2012
112
Contracts and Change Orders
19. Action on Resolution No. 63-12, a Resolution awarding contract
for the Street Department 2012 Pneumatic Rubber Tire Roller.
To: Jeff Weldon, Brookings City Manager
From: Koss Delfinis, Street Superintendent
Date: April 17, 2012
RE: Bid - 2012 Pneumatic Rubber Tire Roller
The City held a bid letting for a 2012 Pneumatic Rubber Tire Roller at 1:30
p.m. Tuesday, April 17, 2012, at Brookings City Hall with the following bid
being received: Diesel Machinery, Inc., Sioux Falls, SD, $60,646.00.
The bid has been reviewed and appears to be complete. Staff recommends
awarding the bid to Diesel Machinery, Inc., Sioux Falls, SD, in the amount of
$60,646.00.
Resolution No. 63-12
Resolution Awarding Bids for 2012 Pneumatic Rubber Tire Roller
Whereas, the City of Brookings opened bids for a 2012 Pneumatic Rubber Tire Roller on
Tuesday, April 17, 2012 at 1:30 pm at Brookings City Hall; and
Whereas the city of Brookings has received the following bid for the 2012 Double Drum
Vibratory Steel Face Roller: Diesel Machinery, Inc. $60,646.00.
Now Therefore, Be It Resolved that the bid from Diesel Machinery, Inc., Sioux Falls, SD for
$60,646.00 be accepted.
Passed and approved this 24th day of April 2012.
CITY OF BROOKINGS
________________________________
ATTEST: Tim Reed, Mayor
_________________________
Shari Thornes, City Clerk
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City of Brookings
April 24, 2012
113
Contracts and Change Orders
20. Action to approve various change orders for the City/County
Administration Building.
The Joint Powers Board approved the following change orders at their April meeting
and need the concurrence of the City Council and County Board of Commissioners.
COR #45 Schindler Elevator Corp. ($1,500)
Credit for elevator in exchange for a two year extended warranty/service
contract beyond the manufacturer’s warranty.
COR #46 Clark Drew Construction $186
Add trash drawer to cabinetry in a county work room; owner-requested.
COR #47 American Electric $450
Add data jacks to a city file storage room; change outlet for computer
equipment; owner-requested.
RFP #19 American Electric $1,787
Add three-way switch and fixtures to second floor corridor at north
security door; provide 40 amp service breaker in third floor electrical
room; switch was owner-requested.
RFP #24 American Electric -0-
Ellis-Lieffort Painting ($195)
Fox Drywall & Plastering ($955)
Gemini Acoustical Supply $1100
Manning Mechanical -0-
Net ($50)
Change vestibule ceilings from gypboard to acoustical panel ceiling for fan
coil unit access.
RFP #26 Peska Construction $2,001
Add welded wire mesh to concrete for sidewalk snow-melt system.
System was added to the project by owner for Bid Package 2 but this
item needed to be in Bid Package 1 which was already out for bid by the
time we decided to add the system.
RFP #27 American Electric $3,178
Provide ceiling outlet receptacles in all four electrical rooms to
accommodate better space utilization of electrical racks; owner-
requested.
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
BROOKINGS CITY/COUNTY
JOINT POWERS BOARD MEETING
Thursday, April 12, 2012
The Joint Powers Board met on Thursday, April 12, 2012 with the following members
present: John Kubal, Tim Reed, and Alan Gregg. Dennis Falken was absent. Architects Todd Moss
and Brent Koch with Cannon, Moss, Brygger and Project Manager Tom Ginter with Bossardt
Corporation were in attendance via telephone.
REGULAR BUSINESS
Chairperson John Kubal called the meeting to order and a quorum was established.
Motion by Gregg, seconded by Reed to approve the minutes from the March 8, 2012 Joint
Powers Board meeting. All members voted “aye.” Motion carried.
Construction Site Superintendent Dan Volbert updated the board on the construction
progress. City Manager Jeff Weldon said there will be a change order coming to lower the crown of
the street on 6th Avenue because it is currently higher than the new curb that has been installed.
Project Manager Tom Ginter reviewed the pending change orders. The board discussed
RFP#027 for $3,178 which would provide additional electrical receptacles. Weldon said this is to
add outlets in the ceilings in all four electrical rooms so cords aren’t running on the floor from wall
outlets to the racks which will be placed in the middle of each room. He said this is a better use of
these rooms and is much safer.
Motion by Reed, seconded by Gregg to approve the following change orders: COR#045 to the
contract with Schindler Elevator Corporation for a credit of $1,500 to use Schindler Elevator
Corporation for code inspections; COR#046 to the contract with Clark Drew Construction, Inc. for
$186 to add a trash drawer in room 247; COR#047 to the contract with American Electric
Construction for $450 for electrical T&M work-add data to north wall room 213, change outlet for
computer equipment; RFP#019 to the contract with American Electric Construction for $1,787 to
add 3-way light switch and fixtures in corridor 228 and provide a 40 amp breaker in electric room
334; RFP#024 to the contracts with American Electric Construction for $0, Ellis-Lieffort Painting,
Inc. for a credit of $195, Fox Drywall & Plastering, Inc. for a credit of $955, to Gemini Acoustical,
LLC for $1,100 and Manning Mechanical, Inc. for $0 for a total credit of $50 to change vestibule
ceilings from gyp-board to an acoustical panel ceiling for fan coil unit access; RFP#026 to the
contract with Peska Construction, Inc. for $2,001 to add welded mesh to concrete for snow melt
system; RFP #027 to the contract with American Electric Construction for $3,178 for IDF room
power-to provide additional electrical receptacles. All members voted “aye.” Motion carried.
Ginter provided a budget update. He said the net contingency remaining to date is $274,112
which includes the added building costs that were not part of the original construction budget.
The board reviewed a proof of a dedication plaque that will be placed in the new building.
Koch and Moss presented the Architect’s report. Koch said they will be bringing terrazzo
samples on Tuesday to be approved. Other than that, he said things are going smoothly and it is
getting close to being done. Moss said they will investigate some of the site issues that were
mentioned. He also questioned whether there would be one ‘certificate of substantial completion’
for the entire building or if they would turn over certain areas of the building and need more than
one certificate. Moss said the city and county will want to make sure the liability insurance is in
order before the move-in as well.
The board reviewed the financial analysis report.
The board discussed custodial and janitorial services for the new building. Weldon said they
could issue an RFP for contractual cleaning services. Commission Assistant Stephanie Ellwein said
there is a need to have someone on site daily for issues that may arise and those hours worked
would be charged to the Joint Powers Board, but the contracted services would be after hours.
Weldon said the daytime maintenance person could also be the arms-length supervisor for the
contracted service.
Weldon said they would issue an RFP for cleaning services, primarily after hours and to
provide the labor only. He said Hillyard, a provider of cleaning supplies and equipment, did an
analysis of the building via a computer model that lists all the duties to be performed and the
frequency of each. Weldon said Hillyard helped write the specs for the RFP for the scope of
services free of charge as long as the city and county buy the cleaning products and equipment
from them. He said they also provide training on the use of their products as well. Weldon said
cleanliness will be a huge deal with this building and they will want the service in place when they
move in.
Weldon said that he compared the pricing of Hillyard and Foerster; although comparable, he
said Hillyard was a little less. He said Hillyard’s estimate for the cost of the contracted services is
about $10 per hour or approximately $38,000 per year.
Motion by Gregg, seconded by Reed to issue a Request for Proposals for custodial/janitorial
services for the administrative building. All members vote “aye.” Motion carried.
The board discussed the moving process. Weldon said that he has met with Perkins and they
estimated it would take a couple of weeks to move everyone into the new building. He said the
city plans on moving their own computers, but Perkins will deliver the marked boxes to the correct
offices and set up any furniture. Ellwein said the county is doing all new furniture so Perkins will
only be moving office contents and file cabinets.
Reed asked if there will be any down time where the offices will have to be closed. Weldon
said they are going to try to not have that happen. Ellwein said they hope to have the computer
network up by May 1st and start doing any troubleshooting then. She also noted that National
Guard members are going to be moving the books from the Register of Deeds office.
Reporting on other staff items, Weldon said he ordered four planters identical to those
located outside the Swiftel Center to place at the entrances to the new building. He said that as
for furniture in the commons areas, they can wait to get into the building and see what will work
and what fits. Weldon said they will be using the chairs from the current commission chambers
and the audience chairs from the current city council chambers for use in the chambers at the new
building. Ellwein discussed the vending machines for the new building.
Weldon said there is a $45,000 allowance for the landscaping, which will be plenty. Ellwein
said the offer has been made that if there is a use for the wood from the tree that was cut down on
the property, they can use it.
Gregg said that it is amazing how this project has come together and they are so lucky to
have Volbert. Reed said that he has done a good job, especially having to deal with so many
contractors.
Ellwein said they will start working on the digital information kiosks soon. Weldon said there
will be one at each entrance and there will be self-help automated systems in each one. The
board discussed the new open meetings regulations for posting agendas. Ellwein said at this time
the county commission is not planning on televising their meetings, however being in a building
where it is available they are going to get those requests and it will need to be discussed.
Weldon reminded the board that he said in the beginning the Joint Powers Board would
initially be doing the heavy lifting, it would be relatively smooth sailing through construction and
now as it gets closer to completion there will be more owner-issued details to work through beyond
construction.
Weldon asked if there were updates on the sculpture. Reed said there was nothing new.
The board discussed some of the wording on the proof of the dedication plaque.
The next meeting is scheduled for May 10, 2012 at 8:00 a.m.
ADJOURNMENT
Motion by Gregg, seconded by Reed to adjourn. All members voted “aye.” Motion carried.
It is the policy of Brookings County, South Dakota, not to discriminate against the
handicapped in employment or the Provision of Service. The County of Brookings is responsive to
requests for communication aids and the need to provide appropriate access, and will provide
alternative formats and accessible locations consistent with the Americans with Disabilities Act.
Stacy Steffensen
Deputy Finance Officer
Brookings County Finance Office
Published once at the total approximate cost of _______________.
City of Brookings
April 24, 2012
117
Contracts and Change Orders
21. Action on Resolution No. 64-12, a Resolution awarding the
contract for the Police Department 2013 model year mid to full-
size sedan.
The replacement of the unmarked Police Detective Vehicle is part of the
2012 Capital Budget. The current vehicle is a 2004 Dodge Intrepid which
has reached its 8 year benchmark for replacement.
The City held a bid letting at 1:30 PM on Tuesday, April 17, 2012 at City
Hall with the following bids received:
Billion Automotive, Sioux Falls, SD $25,755.00
- 2012 Chevrolet Caprice PPV
Billion Automotive, Sioux Falls, SD $20,500.00
- 2012 Chevrolet Impala Police Sedan
Staff recommends awarding this bid to Billion Automotive, Sioux Falls, SD
for the low bid of $20,500.00.
Resolution No. 64-12
Purchase of Police Vehicle
Whereas, the City of Brookings purchases police and animal control vehicles to replace in to the fleet of the
Brookings Police Department; and
Whereas, the City of Brookings has approved the replacement and purchase of one unmarked Police Detective
Vehicle for the fiscal year 2012; and
Whereas, the Brookings Police Department has requested the purchase of an unmarked police car for the
replacement of an unmarked police car; and
Whereas, the City of Brookings opened bids for the purchase of an unmarked Police Detective Vehicle on
Tuesday, April 17, 2012; and
Whereas, the City of Brookings received the following bids for the purchase of an unmarked Police Detective
Vehicle: Billion Automotive, Sioux Falls, SD, 2012 Chevrolet Caprice PPV, $25,755.00; and Billion Automotive,
Sioux Falls, SD, 2012 Chevrolet Impala Police Sedan, $20,500.00
Now, Therefore Be It Resolved by the governing body of the City of Brookings, South Dakota, shall approve the
purchase of a 2012 Chevrolet Impala (unmarked) from Billion Motors of Sioux Falls, South Dakota for $20,500.00.
Passed and approved this 24th day of April, 2012. CITY OF BROOKINGS
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City of Brookings
April 24, 2012
118
Contracts and Change Orders
22. Action on Resolution No. 65-12, a Resolution awarding the
contract for the Police Department two (2) 2013 model year
police vehicles.
The replacement of the marked police vehicles is part of the 2012 Capital
Budget. This purchase replaces two (2) 2010 Ford Crown Victoria marked
police vehicles which have reached their 100,000 benchmark for
replacement.
The City held a bid letting at 1:30 PM on Tuesday, April 17, 2012 at City
Hall and the following bids were received:
Brookings Auto Mall, Brookings, SD $28,170.00 ea.
Einspahr Auto Plaza, Brooking, SD $24,900.00 ea.
Staff recommends awarding the bid to Einspahr Auto Plaza, Brookings, SD
for the low bid of $24,900.00.
Resolution No. 65-12
Purchase of Police Vehicles
Whereas, the City of Brookings purchases police and animal control vehicles to replace in to the fleet of the
Brookings Police Department and
Whereas, the City of Brookings has approved the replacement and purchase of two marked police vehicles for the
fiscal year 2012 and
Whereas, the Brookings Police Department has requested the purchase of two marked police vehicles for the
replacement of two marked police vehicles and
Whereas, the City of Brookings opened bids for the purchase of two (2) police vehicles on Tuesday, April 17,
2012; and
Whereas, the City of Brookings received the following bids for the purchase of two (2) police vehicles: Brookings
Auto Mall, Brookings, SD, $28,170.00 each; and Einspahr Auto Plaza, Brooking, SD, $24,900.00 each.
Now, Therefore Be It Resolved by the governing body of the City of Brookings, South Dakota, shall approve the
purchase of two (2) Ford Police Interceptors from Einspahr Ford of Brookings, SD, for $28,170.00 each.
Passed and approved this 24th day of April, 2012.
CITY OF BROOKINGS
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City of Brookings
April 24, 2012
119
First Readings**
23. Ordinance No. 11-12, an Ordinance amending the Zoning
Ordinance of the City of Brookings and pertaining to definitions,
accessory buildings, and off-street parking for the purposes of
administration of the Zoning Ordinance.
Public Hearing: May 8th
**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.
AMENDMENTS TO THE ZONING ORDINANCE
Accessory Buildings
Regulations pertaining to accessory buildings have been revised several times over the
years. One of the major changes occurred after a resident constructed a 3,800 square
foot “garage” on his lot in 1994. Thereafter, restrictions on size, lot coverage, sidewall
height, and total height have been implemented to regulate accessory buildings.
Currently, limits on the size of accessory buildings on residential lots include a maximum
square footage of 1,000 or 25% coverage of the rear yard, whichever is less. These
regulations work for the vast majority of lots. However, some residential lots are as
large as three (3) acres. Residents who own these lots have requested variances to the
zoning ordinance in order to construct larger accessory buildings. The zoning board has
subsequently requested a review of the ordinances to see if there is merit in allowing
larger accessory buildings on larger lots. Since the March meeting, I have included
amendments to the Ag District that would be similar to large residential lots. Brookings
currently has two properties in the Ag District that could be identified as having a
farmstead so the number of properties affected is small.
Parking Space (defined) – The definition was tweaked to provide a minimum width and
length versus a minimum square footage.
Parking Requirements
Condominium - These uses were placed in their own category. The new regulations are
a hybrid between a two-family dwelling and an apartment. These regulations are slightly
stricter than the current ones.
Coffee House - Minimum spaces are assigned for this particular use since the general
“restaurant” designation was considered too strict.
Recommendation: The Planning Commission voted 7 yes and 0 no to recommend
approval of the zoning amendments.
City of Brookings
April 24, 2012
120
Ordinance No. 11-12
An Ordinance amending the Zoning Ordinance of the City of Brookings and
pertaining to definitions, accessory buildings, and off-street parking for the
purposes of Administration of the Zoning Ordinance
Be it ordained by the Council of the City of Brookings, State of South Dakota: that Chapter 94,
Zoning shall be amended as follows:
Section 1.
ARTICLE I. IN GENERAL
Sec. 94-1. Definitions
Parking Space: An off-street surfaced area, enclosed or unenclosed, accessible and available for
the parking of one (1) motor vehicle and having an area a width of not less than 9 feet and a
length of not less than18 feet of not less than one hundred sixty (160) square feet, together
with a driveway connecting the parking space with a street, road or alley, and permitting ingress
and egress of an automobile.
Section 2.
ARTICLE IV. DISTRICT REGULATIONS
DIVISION 1. GENERALLY
Sec. 94-122. Agricultural A District
(d) Permitted Special Uses
3. Farm Structures
a. Said structures shall be located within the farmstead perimeter
b. No single structure exceeding 1,500 square feet in floor area for a
farmstead with an area of one acre or less.
c. No single structure exceeding 2,000 square feet in floor area for a
farmstead with an area of more than one acre.
ARTICLE VI. SUPPLEMENTAL REGULATIONS
DIVISION 2. USE REGULATIONS
Sec. 94-365. Accessory Buildings and Uses.
(a). In the A, R-1, R-1A, R-1B, R-1C, R-2, R-3, R-3A, RMH and RB-4 districts, accessory
buildings and uses are limited to the following:
6. The total square footage of all accessory buildings on a lot used for residential
purposes in the R-1A, R-1B, R-1C, R-2, RMH, R-3, R-3A and RB-4 districts shall not
exceed 25 percent of the rear yard area or 1,000 square feet of all floors combined
whichever is less. Exceptions are as follows:
d. The floor area of accessory buildings on lots with an area of at least one (1)
acre but less than 2 acres shall not exceed 1,500 square feet for all buildings
combined and all floors combined or 100% of the largest floor area of one
story of the principal building, whichever is less
e. The floor area of accessory buildings on lots with an area of two ( 2) acres
or more shall not exceed 2,000 square feet for all buildings combined and all
floors combined or 100% of the largest floor area of one story of the principal
building, whichever is less
City of Brookings
April 24, 2012
121
Section 3.
DIVISION 4. PARKING, STACKING AND LOADING
Sec. 94-431. Location of Parking Spaces
(5) Each required parking stall or space within a parking area or garage shall be individually
and easily accessible from a public right-of-way and no parking stall or space shall be
accepted that is located on any access aisle. Exception: Single-family, and two-family,
townhouse, and condominium uses may have a maximum of two rows of tandem parking.
Sec. 94-433. Off-Street Parking Requirements
(c). All other zoning districts.
1. Single-family dwelling condominium or townhouse: Two (2) spaces for each dwelling unit.
Each garage stall shall be considered one parking space.
2a. Condominium: Two (2) spaces for each dwelling unit plus one (1) space for each
bedroom in excess of two (2) bedrooms in each dwelling unit, exclusive of garages.
a. Exception: Each parking space within an attached garage that is an integral part of
the dwelling unit shall be counted towards meeting the requirements.
10. Retail, general merchandise, discount store, gas dispensing station, supermarket, personal
service store, personal health service (excluding health clubs), medical clinic, coffee house: One
(1) space for each two hundred (200) square feet of gross floor area for the first 50,000
square feet and one (1) space for each three hundred (300) square feet thereafter.
Section 4. Any or all ordinances in conflict herewith are hereby repealed.
First Reading: April 24, 2012
Second Reading:
Published:
CITY OF BROOKINGS
___________________________________
ATTEST: Tim Reed, Mayor
________________________
Shari Thornes, City Clerk
City of Brookings
April 24, 2012
122
NOTICE OF HEARING
UPON A CHANGE IN ZONE REGULATIONS
NOTICE IS HEREBY GIVEN THAT the City of Brookings has submitted amendments to
Chapter 94, Zoning, pertaining to off-street parking requirements for condominiums and coffee
houses, parking space definitions, and accessory buildings.
NOTICE IS FURTHER GIVEN That said changes will be acted on by the City Planning
Commission at 7:00 PM on Tuesday, April 3, 2012, in the Council Chamber in City Hall at 311
3rd Avenue, Brookings, South Dakota. Any action taken by the City Planning Commission is a
recommendation to the City Council.
Any person interested may appear and be heard in this matter.
Dated this 23rd day of March 2012.
____________________________
Dan Hanson
Planning & Zoning Administrator
City of Brookings
April 24, 2012
123
Planning Commission
Brookings, South Dakota
April 3, 2012
OFFICIAL MINUTES
Chairperson Wayne Avery called the regular meeting of the City Planning Commission
to order on Tuesday April 3, 2012, at 7:00 PM in the Council Chamber at City Hall. Members
present were Alan Gregg, Al Heuton, Donna DeKraai, John Sydow, Hal Bailey, Mike Cameron,
and Avery. Greg Fargen was absent. Also present were Scott Hodges, City Engineer Jackie
Lanning, Community Development Director Mike Struck, Planning and Zoning Administrator
Dan Hanson and others.
Item #4 – The City of Brookings has submitted amendments to Chapter 94, Zoning, pertaining
to off-street parking requirements for condominium and coffeehouses, parking space
definitions, and accessory buildings.
(DeKraai/Cameron) Motion to approve the amendments. All present voted aye.
MOTION CARRIED.
SUMMARY OF DISCUSSION
Item #4 – Hanson summarized the reasons for the proposed amendments. A parking space
would be defined by a minimum width and length versus an area. Accessory buildings in the Ag
District would have similar requirements as those in residential districts based on the size of
the lot/farmstead. On-premise parking for a condominium use would be related to the number
of bedrooms within a unit; whereas before, it was related only to the unit. A coffeehouse was
specifically listed within a group of uses that requires ½ the required spaces as a restaurant.
This was proposed since coffeehouse uses typically generate less traffic.
City of Brookings
April 24, 2012
124
Second Readings / Public Hearings
24. Public hearing and action on Ordinance No. 07-12, an Ordinance
Amending Section 42-93 (A) of the Code of Ordinances of the
City of Brookings, South Dakota and Pertaining to the
Compensation of the Board of Trustees on the City of Brookings,
SD.
The Brookings Health Systems Board has proposed revisions to the Code
of Ordinance pertaining to compensation and member terms. Proposed
Ordinance No. 07-12 would provide $300 per month for members and
$400 for the Board President. The Board did not receive compensation
prior to this time.
City of Brookings
April 24, 2012
125
Ordinance No. 07-12
An Ordinance Amending Section 42-93 (A) of the Code of Ordinances of
the City of Brookings, South Dakota and pertaining to the Compensation of the
Board of Trustees in the City of Brookings, South Dakota.
Be It Ordained by the Governing Body of the City of Brookings, South Dakota, as follows:
I.
Sec. 42-93 (a) Compensation; terms.
(a) The members of the board of trustees may be compensated for their service as members of
the Board of Trustees in an amount not to exceed $300 per month per member and $400 per
month for the president.
In addition, members of the Board of Trustees will be reimbursed for reasonable expenses
when performing hospital and manor business. The members of the board of trustees shall be
appointed for staggered three-year terms. New members shall be appointed prior to January 1
of each year. No members may serve more than three consecutive terms.
II.
Subsections 42-93 (b) and (c) remain unchanged. All other ordinances in conflict herewith are
hereby repealed.
First Reading: March 27, 2012
Second Reading: April 24, 2012
Published: April 27, 2012
CITY OF BROOKINGS, SD
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City of Brookings
April 24, 2012
126
Second Readings / Public Hearings
25. TABLED ITEM: Action on Resolution No. 43-12, a resolution
Amending the City of Brookings Vision 2020 Comprehensive Plan
Future Land Use Plan (South Campus Neighborhood District
Plan) Amendment to include the area from Medary Ave. to 14th
Ave. and from 6th St. to 7th St. (Legal Description: Blocks 1 and 6
of Randi Petersons, Blocks 1, 2 and 3 of Sandersons Addition).
This item was tabled at the March 27, 2012 council meeting:
“A motion was made by Corbett, seconded by McClemans,
to amend the Vision 2020 Comprehensive Plan Future Land
Use Plan (South Campus Neighborhood District Plan) to
include the area from Medary Ave. to 14th Ave. and from 6th
St. to 7th St. (Legal Description: Blocks 1 and 6 of Randi
Petersons, Blocks 1, 2 and 3 of Sandersons Addition).
A motion was made by Reed, seconded by Niemeyer, to
table to the April 10th Council Meeting. All present voted
yes; motion carried.”
Proposal: Revise the Future Land Use Plan to add new goals and objectives
relating to urban design guidelines for specific neighborhood areas
Background: A thorough analysis of an existing neighborhood, commonly
referred to as the South Campus Neighborhood, was undertaken in 2011.
The data collected is part of a district plan created to address future
redevelopment of specific areas within the neighborhood.
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April 24, 2012
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Specifics: The South Campus Neighborhood District Plan is composed of
several components. These components shape the action plan for the
district. The action plan is similar to a Design Review District since it
focuses on the appearance of new construction, site planning, landscaping,
streetscapes, signage, and other aesthetic issues. Ideally, the action plan and
a developer’s proposal will result in a collaborative process for
redevelopment in the neighborhood that will meet the urban design policies
and goals of the City.
Recommendation: The Planning Commission voted 7 yes and 0 no to
recommend approval of the amendments to the Comprehensive Plan.
City Manager Introduction
Action: Motion to remove from table, Request Public Comment, Roll Call
City of Brookings
April 24, 2012
128
Resolution No. 43-12
A Resolution amending the City of Brookings Vision 2020 Comprehensive Plan
Future Land Use Plan (South Campus Neighborhood District Plan).
Whereas, the City Council of the City of Brookings, SD in accordance with SDCL 11-6-18
adopted the Vision 2020 Comprehensive Plan for the City of Brookings, SD; and
Whereas, the City Council determined that the Future Land Use Plan of said Comprehensive
Plan should be amended and supersede the previously adopted Future Land Use Plan of the
Comprehensive Plan adopted February 11, 2002; and
Whereas, the City Planning Commission of the City of Brookings, SD has recommended
approval of the Vision 2020 Comprehensive Plan in accordance with SDCL 11-6-17;
Now, Therefore, Be It Resolved by the City of Brookings, SD that the Future Land Use Plan of
the Vision 2020 Comprehensive Plan, as amended, is hereby adopted for the City of Brookings,
with said plan to supersede the previous Future Land Use Plan. The Vision 2020
Comprehensive Plan shall be on file in the office of the City Clerk and is available for public
inspection by any interested person.
Passed this 24th day of April, 2012.
CITY OF BROOKINGS
_________________________
Tim Reed, Mayor
ATTEST:
____________________________
Shari Thornes, City Clerk
City of Brookings
April 24, 2012
129
NOTICE OF HEARING
UPON AN AMENDMENT TO THE
VISION 2020 COMPREHENSIVE PLAN
FOR THE CITY OF BROOKINGS
NOTICE IS HEREBY GIVEN That the City Council will hold a public hearing on
an amendment to the Vision 2020 Comprehensive Plan the City of Brookings pertaining
to district plans within the Future Land Use Plan including the South Campus
Neighborhood District Plan.
NOTICE IS FURTHER GIVEN That said public hearing will be at 6:00 PM on
Tuesday, March 27, 2012, in the Council Chamber located in the lower level of City
Hall at 311 3rd Avenue, Brookings, South Dakota.
Any person interested may appear and be heard in this matter.
Dated this 16th day of March, 2012.
________________________________
Secretary, City Planning Commission
If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act,
please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting.
Published ______ time(s) at an approximate cost of $ _____________.
City of Brookings
April 24, 2012
130
SDSU - SOUTH CAMPUS NEIGHBORHOOD DISTRICT PLAN
Plan Context
The SDSU-South Campus Neighborhood (SCN) District Plan supplements the Vision 2020
Comprehensive Plan. The District Plan provides more specific guidance for the location and
design of private development. It is intended to promote patterns of future land use, urban
design, traffic circulation and urban services that contribute to the economic, social, and
physical health, safety and welfare of the people who live and work in the District. The District
Plan addresses obstacles and opportunities at a level that is unique to the conditions and needs
of this neighborhood.
The District Plan has been divided into two distinct sub-areas:
• 6th St. /SCN Commercial Corridor consists of those properties that are adjacent to
6th Street between Medary Avenue and 14th Avenue. The District Plan proposes the
establishment of a future commercial corridor with enhanced landscape requirements
and limited access for future neighborhood commercial uses between 6th St. and 7th St.
• SDSU Campus Edge Neighborhood consists of those properties that are adjacent
to the south edge of the campus between Medary Avenue and 14th Avenue and north of
7th St. The District Plan proposes the establishment of specific architectural guidelines
for future high density residential uses in this area.
Plan Components
The District Plan is comprised of the following:
• Plan Background, which provides a chronological sequence of meetings and actions
that have led to the development of the District Plan
• Neighborhood Background, which briefly describes the past history of the study
area
• Plan Area Details, which provides an overview of the obstacles and opportunities
within the study area and then identifies the primary issues
• Plan Purpose, which details the results that are anticipated and briefly describes the
scope and limits of the District Plan
• Goals and Objectives, which are intended to provide a general understanding of the
vision for the future redevelopment of the SCN.
• Action Plan, which sets guidelines and standards for achieving the goals and objectives
and makes recommendations on the future redevelopment of the two sub areas within
the District Plan
Plan Background
In December 2010, the Planning Commission initiated a review of the SCN. Maps showing the
current zoning, existing land use, types of housing stock and rental properties along with
detailed neighborhood property data were studied by the commission. The commission
examined the transfer and development of commercial property throughout the community
and discussed the pros and cons of expanding commercial and high density residential uses in
the SCN in January 2011. As a result, a Task Force made up of commissioners was created in
February 2011. The Task Force created a questionnaire that was distributed to property
owners and tenants who lived and/or rented property in the neighborhood. Eleven questions
City of Brookings
April 24, 2012
131
were designed to allow respondents to reply based on a range of options for each question
such as from positive to negative, major to minor, and support or oppose. A synopsis of each
question is as follows:
1. Impact of SDSU parking lot on neighborhood properties
2. Impact of 6th Street on neighborhood property values
3. Impact of on-street commuter parking on residences
4. Support for a fee-based parking permit program in neighborhood
5. Extent of rezoning that would be acceptable for light commercial uses
6. Impact of current neighborhood businesses on residences
7. Extent of high density residential development that would be acceptable
8. Attitude change if Q5 and Q7 required extensive landscape regulations
9. Attitude toward further expansion by SDSU into neighborhood
10. Attitude toward level of property maintenance in neighborhood
11. Extent of support for one-way streets in neighborhood
The owner-occupied response rate was 78 % while the non-owner (tenant) response rate was
25%. Data that was of particular note revealed that 64% of property owners felt on-street
parking had a major impact on their property but 54% opposed any type of parking permit
program. 56% of property owners would accept some level of commercial expansion but only
42% would accept an increase in high density residential development. One out of three
property owners supported further expansion of SDSU into the neighborhood and 71%
showed some support for one-way streets. Tenant responses were generally more neutral
than property owner responses but 79% felt that on-street parking had minimal impact on their
property. Nine out of ten respondents would accept some level of commercial expansion into
the neighborhood and 79% would support additional high-density residential development. 65%
showed some support for one-way streets.
In May 2011, the commission reviewed business and industrial growth patterns in the
community between the period from 2000 to 2010 and were introduced to an urban activity
center concept. This concept focused on a redevelopment scenario along both sides of 14th
Avenue from 6th St. to 7th St. The urban activity center introduced several design elements such
as wide sidewalk and landscape zones next to the public right-of-way, buildings with zero foot
(0’) setbacks, mixed-use buildings, rear parking only with mid-block pedestrian access and rear
landscape buffers.
Amendments to the Future Land Use Map for two separate areas within the SCN were
submitted to the Planning Commission and City Council in July but were not approved. SDSU
President, David Chicoine, attended a special meeting of the commission in mid July and
detailed the future growth plans for the university. He noted that the acquisition of additional
properties in the SCN would likely be limited to those that fronted on and were south of 8th
Street. The future use of these properties would be to act as a landscape buffer between the
campus and the neighborhood and no building development on the lots was anticipated.
The commission participated in a walking tour of the neighborhood in September 2011. The
commission walked the entire length of the neighborhood along 7th Street to judge firsthand
how the various land uses, population density, parking, property maintenance and traffic
City of Brookings
April 24, 2012
132
impacted the character of the neighborhood. Finally, in December 2011, the commission
agreed to form a subcommittee to propose amendments to the Comprehensive Plan focusing
on future redevelopment guidelines.
Neighborhood Background
The SCN was originally developed with single-family residences except for two older apartment
buildings near 7th St. and Medary Avenue, one at 6th St. and 11th Ave., and businesses at the
intersection of 6th St. and Medary Avenue (old U.S. Highway 77). The post WWII era brought
changes to the neighborhood in regards to population density as basements, second floors and
garages were converted to dwelling units to accommodate returning servicemen and
supplement incomes. Zoning regulations in force prior to October 1966 made it possible to
create a dwelling unit for every 1,000 square feet of lot area or a gross density of 44 units per
acre throughout the neighborhood. The zoning regulations created by the 1966
Comprehensive Plan reduced the gross density of the R-2 and R-3 Residential Districts to 18
and 24 units per acre, respectively. The official zoning map of 1966 established the R-3/R-2
district boundary along 7th St. that allowed high density (R-3) residential uses to the north and
medium density (R-2) residential uses to the south. Over the next 30 years, houses were razed
and apartment buildings were constructed in a random fashion in the north half, or Residence
R-3 District portion of the SCN. The last apartment building was erected in 1993. During the
same time period several other dwelling units were converted into rental housing.
SDSU created the Millennium Master Plan in 2000 and another master plan in 2008. Maps
associated with these plans showed the only existing and proposed land holdings south of 8th St.
in the vicinity of the SCN to be the State Court and State Village married student housing
complexes. Between 2007 and 2010, the state, university and associated entities began
purchasing land south of 8th St. In 2009, an entire block, except for one property, was acquired
by the State of South Dakota and a surface parking lot was installed. Thirteen buildings,
containing a combined 28 dwelling units, were removed as a result of this project.
Neighborhood Study
The SCN study area consists of 8 full blocks and two half blocks containing 28.75 acres. The
area has a perimeter boundary of 6th St., Medary Avenue, 8th St., and the alley easy of 14th
Avenue. Sixth St. and Medary Ave. are classified as arterial streets while 8th St. is a collector.
The remaining streets are local residential. The internal neighborhood design is a traditional
grid style street system with 80’ wide rights-of-ways and 20’ wide alleys that access most lots.
The area has three zoning districts. The Residence R-3 District that is primarily north of 7th St.,
the Residence R-2 District that is primarily south of 7th St. and the Business B-2 District that is
at the corner of 6th St. and Medary Ave. and 6th St. and 14th Ave. Housing within the SCN
consists of 89 older houses, 12 apartment buildings and 7 buildings used by Greek
organizations. The old housing stock consists mainly of single-family homes with a few two-
family homes and homes converted into apartments. Five of the Greek houses are converted
old housing stock. Thirty houses are owner occupied and 59 houses are rental properties.
Twenty-one, or 70%, of the owner occupied houses are located within a two block area from
11th Ave to 13th Ave and from 6th St. to 7th St. Only four owner occupied homes exist north of
7th St. in the SCN.
City of Brookings
April 24, 2012
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The quality of the older housing stock was also judged from a property maintenance level
standpoint. Twenty percent of the properties were considered substandard while 52% had
standard maintenance with minor improvements. The remaining 27 homes were considered in
good to very good condition with 75% of them located south of 7th St.
Non-residential uses include 3 religious institutions, 4 commercial buildings, 1 elevated water
reservoir and 1 SDSU parking lot. All the commercial buildings front on 6th St. or Medary
Avenue
Plan Area Details
The commission has become familiar with several longstanding issues and some recent
developments within the SCN as a result of staff research, the neighborhood questionnaire, and
personal knowledge. Some issues are customary for campus neighborhoods while some are
unique. The issues that were identified are as follows:
• University expansion and property acquisition south of 8th St. has and will continue to
impact the neighborhood
• On-street commuter parking is viewed as having a negative influence on property values
but a residential parking permit program is not supported by residents
• Owner occupied housing continues to be converted into rental property
• A majority of property owners are not adverse to some level of commercial expansion
or development
• A majority of property owners do not support an increase in residential density such as
apartments
• The expansion of student housing in the southeast corner of campus and adjacent to the
SCN may attract private commercial services to locate nearby
• Fraternities and sororities within the SCN are relocating or may relocate in the future
to “Greek Row” along 20th Avenue
• Sixth Street is not seen as a detriment to property values by the vast majority of
residents who live nearby
• Except for the northwest corner of the SCN, population density is similar to other
near- campus neighborhoods
• Conflicts between renters and owners is low
• Many resident owners feel rental property is not maintained to an acceptable level
Plan Purpose
The purpose of the district plan is:
• To establish long-range goals and objectives for the redevelopment of the SCN into a
high-quality, aesthetically pleasing residential, mixed-use, and commercial area with a
unique character
• To create an urban design framework that sets guidelines for the redevelopment of
private property and compliments future streetscape standards
• To provide guidance on improving safety for pedestrians and bicyclists and enhancing
traffic circulation, parking and right-of-way access
• To evaluate the opportunities and obstacles in redeveloping the 6th St./SCN
Commercial Corridor
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134
• To evaluate the opportunities and obstacles in redeveloping the SDSU Campus Edge
Neighborhood
Goals and Objectives
Goal – Design an attractive campus/community neighborhood
Objectives
• Encourage a mix of land uses such as offices, housing, and limited scale commercial retail
shops and services
• Provide different housing types to allow affordability options and promote a diverse
resident population
• Create a walkable neighborhood with wide sidewalks, enhanced streetscapes, and well-
lit parking areas
• Provide external and internal pedestrian access points
• Establish minimum development standards to discourage single-lot or piecemeal
development
Goal – Create a distinct identity through the built environment
Objectives
• Encourage building design characteristics and architectural details that are compatible
with the existing neighborhood
• Reserve outdoor areas for public gatherings and activities
• Promote gateway designs that foster a sense of place
Goal – Enhance the 6th Street Corridor
Objectives
• Require generous landscaping along Highway 14 right-of-way
• Allow parking lot access only from local residential streets
• Allow parking lots only on interior block areas
Action Plan
The Planning Commission, through extensive review and analysis, has determined that the
following urban design guidelines should accompany future redevelopment plans within the
SCN:
The SDSU Campus Edge Neighborhood sub-area of the SCN has two blocks that have been
identified for future design review. These blocks have a combination of low and high density
residential uses within a Residence R-3 District.
• Blocks 2 and 5, Randi Peterson’s Addition – Redevelopment projects that incorporate
high density uses shall be required to use exterior wall coverings and materials that
harmonize with the adjacent apartments and institutional buildings. Landscaping, tree
plantings, walkways, lighting, and parking areas shall be designed to maximize aesthetics
and enhance the built environment.
The Sixth Street/SCN Commercial Corridor sub-area of the SCN is a highly visible area for
local residents and commuters. Existing commercial businesses were created with minimal
City of Brookings
April 24, 2012
135
urban design guidelines and some residential areas have been impacted by changes in residential
occupancy, deterioration of old housing stock, and the widening of US Highway 14. The
commission’s recommendations would guide the creation of design review elements for any
proposed redevelopment. These elements would encourage a high degree of design excellence
that would foster compatibility with adjacent uses.
• Block 3, Saunders Addition (excl. lots 6-8) and Blocks 1 and 2, Sanderson’s Addition and
Blocks 1 and 6 Randi Peterson’s Addition – The bulk of this land is in the Residence R-2
District. A first step in approving any initial redevelopment plan would involve a land
use classification change to a district where the SCN District Plan goals and objectives
can be implemented. In conjunction with this change, development standards for the
district would be formulated in regards to the following:
1. Single or mixed uses would be identified
2. Commercial redevelopment projects shall be of a sufficient scale to occupy, at a
minimum, a one-half block area. Piecemeal redevelopment shall be avoided
3. A building’s height shall be consistent with established structures in the
neighborhood
4. Exterior building facades shall harmonize with the neighborhood
5. Streetscapes shall be pedestrian oriented with limited on-street parking, wide
sidewalks, pedestrian amenities, landscape zones, and enhanced lighting.
6. Landscaping or fencing shall screen parking lots, mechanical appurtenances,
garbage receptacles, and other similar structures
7. Primary right-of-way access would be confined to local streets
8. Parking lots would be located on internal block areas and designed with
perimeter screening
9. Yards abutting US Highway 14 would have a high degree of landscaping and open
space in order to enhance the view along the corridor.
City of Brookings
April 24, 2012
136
Planning Commission
Brookings, South Dakota
February 7, 2012
OFFICIAL MINUTES
Chairperson Wayne Avery called the regular meeting of the City Planning Commission
to order on February 7, 2012, at 7:00 PM in the Council Chamber at City Hall. Members
present were Hal Bailey, Mike Cameron, Donna DeKraai, Greg Fargen, Al Heuton, John Sydow,
and Avery. Alan Gregg and John Gustafson were absent. Also present were Kate and Greg
Heiberger, Mary Bibby, Carol Klug, Cindy Swinson, City Engineer Jackie Lanning, Community
Development Director Mike Struck, Planning and Zoning Administrator Dan Hanson and
others.
Item #8 – The City Planning Commission received an amendment to the Vision 2020
Comprehensive Plan pertaining to district plans within the Future Land Use Plan.
(DeKraai/Heuton) Motion to approve the SDSU South Campus Neighborhood District
Plan for inclusion into the Vision 2020 Comprehensive Plan. All present voted aye. MOTION
CARRIED.
SUMMARY OF DISCUSSION
Item #8 – The South Campus Neighborhood District Plan established two (2) sub-areas that
were separated by 7th Street. The action plan focused on two (2) blocks north of 7th Street and
1½ blocks south of 7th Street. The development guidelines in the plan represented the various
proposals put forth by the Planning Commission over the last year. There were nine elements
identified that would have to be addressed in a redevelopment plan for the 6th Street/South
Campus Neighborhood commercial corridor. Heuton asked if item #3 would allow two-story
structures. Hanson replied yes.
City of Brookings
April 24, 2012
138
Second Readings / Public Hearings
26. Public hearing and action on Ordinance No. 08-12, an Ordinance
rezoning Lot 1, Block 1, Husen’s Addition and Husen’s Addition
excluding the north 272.8 feet of the east 815 feet thereof, from a
Residence R-1A and R-3A District to an Industrial I-1 District
(east side of Highway 14 diagonal).
Applicant: Richard Halstead
Proposal: Convert undeveloped residential land into a light industrial district
Background: Land use in this general area has been influenced by several factors. First
and foremost is that the majority of the land has always been in the floodway and special
flood hazard area (SFHA). In addition, Western Avenue from 6th Street to the by-pass
was part of Highway 14 until the mid 1960’s when the diagonal was constructed. This is
why there are several businesses along that stretch of road today. A few of these
business lots also contained the home of the proprietor. In the latter part of the 1960’s,
the city zoned much of the undeveloped land to a Residence R-1A District to “control”
future development.
In 1978, the city became a partner with the National Flood Insurance Program that is
now part of FEMA. Regulations were put in place to require minimum elevations for all
structures that were proposed in the SFHA. This resulted in the types of developments
built slab-on-grade or elevated above grade. Therefore, the greatest expansion in terms
of land use in the floodplain has been industrial operations followed by mobile home
parks. Both uses can meet the elevation requirements quite easily in most instances.
The acreage is adjacent to a mobile home park on the north and east, an abandoned
mobile home park to the south, and a single-family home toward the northeast. The
petitioner requested a rezoning of this area in 2009 and the commission recommended
rezoning about 200 feet along the south boundary. However, the request was
withdrawn by the owner before it went to the City Council.
Specifics: The requested rezoning involves approximately 12.75 acres. A portion of the
land has been filled but most of it remains as pasture land. Development obstacles that
exist regardless of the zoning include the availability of sanitary sewer and water and
right-of-way access.
Recommendation: The Planning Commission voted 8 yes and 0 no to recommend
approval of the rezoning.
City Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City of Brookings
April 24, 2012
139
Ordinance No. 08-12
An Ordinance to change the Zoning within the City of Brookings.
Be It Ordained by the City of Brookings, South Dakota:
Section 1. That the real estate situated in the City of Brookings, County of Brookings, State of
South Dakota, described as follows, to-wit:
Lot 1, Block 1, Husen’s Addition and Husen’s Addition excluding the north 272.8
feet of the east 815 feet thereof
be and the same is hereby rezoned and reclassified from a Residence R-1A and R-3A District to
an Industrial I-1 District
In accordance with Section 94-7 of Article I of Ordinance 25-02 of the Code of Ordinances of
Brookings, South Dakota, as said districts are more fully set forth and described in Articles III
and IV, Chapter 94 of Ordinance No. 25-02 of the City of Brookings, South Dakota.
Section 2. The permitted use of the property heretofore described be and the same is hereby
altered and changed in accordance herewith pursuant to said Ordinance No. 25-02 of the City
of Brookings, South Dakota.
Section 3. All sections and ordinances in conflict herewith are hereby repealed.
First Reading March 27, 2012
Second Reading and Adoption April 24, 2012
Published April 27, 2012
CITY OF BROOKINGS, SD
________________________
Tim Reed, Mayor
ATTEST:
_________________________
Shari Thornes, City Clerk
City of Brookings
April 24, 2012
142
Planning Commission
Brookings, South Dakota
March 12, 2012
OFFICIAL MINUTES
Chairperson Wayne Avery called the regular meeting of the City Planning Commission
to order on Monday March 12, 2012, at 7:00 PM in the Council Chamber at City Hall. Members
present were Greg Fargen, Alan Gregg, Al Heuton, Donna DeKraai, John Sydow, Hal Bailey,
Mike Cameron, and Avery. John Gustafson was absent. Also present were Brian Gatzke, John
Mills, Al Rogers, Jason Stevenson, Todd Meierhenry, Community Development Director Mike
Struck, Planning and Zoning Administrator Dan Hanson and others.
Item #6 – Richard Halstead has submitted a petition to rezone Lot 1, Block 1, Husen’s
Addition and Husen’s Addition excluding the north 272.8 feet of the east 815 feet thereof from
a Residence R-1A and R-3A District to an Industrial I-1 District.
(Gregg/Cameron) Motion to approve the rezoning. All present voted aye.
MOTION CARRIED.
SUMMARY OF DISCUSSION
Item #6 – Hanson summarized the previous application history of the property and the
location of property within the Special Flood Hazard Area.
Heuton was concerned how driveways would access the acreage and if they would be
through a residential area. Hanson noted the access would be restricted to Highway 14
Diagonal. Additional access to the diagonal would be up to the SDDOT.
Fargen was concerned about compatibility with adjoining uses. Hanson remarked that a
fifty foot landscape buffer would be required between an I-1 District and any residential district.
Heuton noted that there was a variety of land uses in the area and an Industrial I-1
District was located nearby.
City of Brookings
April 24, 2012
143
Sec. 94-136 INDUSTRIAL I-1 LIGHT DISTRICT
(a) Intent. This district is intended to provide for a number of light manufacturing, light
processing, warehousing and service uses. This district includes the supportive commercial uses
for the industrial businesses.
(b) Scope of Regulations. The regulations set forth in this section or set forth elsewhere in
this title, when referred to in this section, are the district regulations of the Industrial I-1 Light
District.
(c) Permitted Uses.
1. Assembling and packaging
2. Freight handling
3. Manufacturing, light
4. Storage and warehousing
5. Processing, light
6. Parking facility or lot
7. Office
8. Truck stop
9. Automobile service station
10. Public utility facility
11. Reverse vending machine
12. Contractors shop and storage yard
13. Motor vehicle repair shop
14. Semi-trailer storage
15. Farm Implement Sales
16. Telecommunications Tower
(d) Permitted Special Uses. A building or premises may be used for the following purposes in
conformance with conditions prescribed herein:
1. Day care facility
a. A four-foot (4') high transparent fence shall be constructed between the play area and
the street.
b. An off-street pick-up and drop-off area shall be provided.
2. Light processing facility for recyclables
a. All storage and processing areas shall have perimeter fencing on all sides.
3. Buy back center for recyclables
a. A list of the types of recyclable material to be collected shall be approved prior to the
issuance of any permit
4. Citizens drop-off facility for recyclables
a. Containers or bins shall be provided for all waste material.
b. No container shall be located within 100 feet of a residential district.
5. Household hazardous waste site
a. Such uses shall be within a completely enclosed building.
b. The applicant shall comply with the provisions of all applicable laws and ordinances.
6. Transfer site for recyclables
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144
a. All storage areas shall have perimeter fencing on all sides.
b. A list of the types of recyclable material to be collected shall be approved prior to the
issuance of any permit.
7. Automobile storage yard
a. Impound area shall be surfaced with gravel, asphalt or concrete.
(e) Conditional Uses.
Kennel
1. Broadcast Tower
2. Outdoor Sales
3. Concrete Plant
(f) Density, Area, Yard and Height Regulations.
The I-1 district regulations shall be as follows:
Min. Min. Min. Min. Min. Max.
Lot Lot Front Side Rear Height
Density Area Width Yard Yard Yard
Sq.Ft. Sq.Ft.
All Uses 20' 20'* 20'* 50'
*A fifty foot (50') landscaped area shall be required between an abutting residential district boundary line and any
structure, access drive, parking lot or other accessory use.
(g) Accessory Uses. Accessory uses and building permitted in the I-1 District are buildings and
uses customarily incidental to any of the permitted uses in the district.
(h) Parking Regulations. Parking, loading and stacking within the I-1 District shall be in
conformance with the regulations set forth in division 4 of article VI of this chapter
(i) Sign Regulations. Signs within the I-1 District shall be in conformance with the regulations
set forth in division 5 of article VI of this chapter
(g) Other Regulations. Development within the I-1 District shall be in conformance with the
regulations set forth in article II of this chapter
City of Brookings
April 24, 2012
146
Second Readings / Public Hearings
27. Ordinance No. 09-12, an Ordinance pertaining to an application
for a Conditional Use for a kennel in the Business B-3 District on
Lot 2, Block 5, Bidco Addition (120 W. Second St. So.).
Applicant: AgriCultures Inc.
Proposal: Establish a kennel in conjunction with an animal hospital.
Background: The Bidco Addition makes up a large area north of 2nd Street South across
from the airport. It was originally zoned I-2 in order to accommodate the city’s first
industrial park. In 2002, the southeast corner was rezoned to a B-3 District. The
petitioner owns the land to the north and west. The airport is to the south, and a
motor vehicle repair shop is to the southeast. A Residence R-3A District is east of the
site. The red line on the aerial map is the district boundary line.
Specifics: The kennel would be established in conjunction with an animal hospital. The
conditional use standards for a kennel are as follows:
Sec. 94-282
This use shall be located in areas where the noise generated by such use
would not be a nuisance or detriment to adjacent properties. A fence
separating the kennel operation from adjacent properties shall be required.
Kennels within 400 feet of a residential district are not allowed. Kennels in
conjunction with an animal hospital with indoor confinement may be
established less than 400 feet from a residential district.
The area proposed for the kennel is within 400 feet of the residential district to the
east. The standards allow this since the use will be connected to an animal hospital.
Some important considerations will be if the kennel has outdoor runs or play areas and
if the building will be equipped with air exchangers and air conditioning to eliminate the
need for open windows. The noise potential from these operations is a critical issue.
Recommendation: The Planning Commission voted 8 yes and 0 no to recommend
approval of the conditional use subject to the additional condition as listed in the
ordinance.
City Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City of Brookings
April 24, 2012
147
Ordinance No. 09-12
An ordinance pertaining to an application for a Conditional Use for a kennel in the
Business B-3 District.
Be it ordained by the governing body of the City of Brookings, South Dakota that said
Conditional Use shall be approved for a kennel on Lot 2, Block 5, Bidco Addition with the
following conditions:
1. The kennel use shall be allowed only in conjunction with an animal hospital.
All sections and ordinances in conflict herewith are hereby repealed.
First Reading: March 27, 2012
Second Reading: April 24, 2012
Published: April 27, 2012
CITY OF BROOKINGS
__________________________
Tim Reed, Mayor
ATTEST:
___________________________
Shari Thornes, City Clerk
City of Brookings
April 24, 2012
150
Planning Commission
Brookings, South Dakota
March 12, 2012
OFFICIAL MINUTES
Chairperson Wayne Avery called the regular meeting of the City Planning Commission
to order on Monday March 12, 2012, at 7:00 PM in the Council Chamber at City Hall. Members
present were Greg Fargen, Alan Gregg, Al Heuton, Donna DeKraai, John Sydow, Hal Bailey,
Mike Cameron, and Avery. John Gustafson was absent. Also present were Brian Gatzke, John
Mills, Al Rogers, Jason Stevenson, Todd Meierhenry, Community Development Director Mike
Struck, Planning and Zoning Administrator Dan Hanson and others.
Item #7 – Agricultures, Inc has submitted an application for a Conditional Use to establish a
Kennel on Lot 2, Block 5, Bidco Addition.
(Bailey/Fargen) Motion to approve the Conditional Use.
(Cameron/Heuton) Amendment to the motion to add “provided the kennel is used in
conjunction with an animal hospital.” All present voted aye. AMENDMENT CARRIED.
The motion, as amended, was voted on. All present voted aye. MOTION CARRIED.
SUMMARY OF DISCUSSION
Item #7 – Al Rogers, representing Agri-Cultures, Inc, stated that the Gentle Doctor
Veterinary Clinic was looking to build in a new location. He pointed out that the building’s
design would shield the dog runs from adjacent property along 3 sides. The north side would
have a fence. Rogers added that grooming and boarding of animals was planned.
Jason Stevenson, from Gentle Doctor Veterinary Clinic, stated that the outdoor runs
were not attached to the kennels so only staff could bring an animal in and out of the facility.
Cameron asked how many kennels were planned. Rogers replied it would be close to the
rooms shown on the plan depending upon demand. Stevenson did not anticipate more than
what was shown. Heuton asked how many animals would be outside at any one time.
Stevenson answered likely one or maybe two depending on whether the animals got along.
Cameron felt the association with an animal hospital was an important element in approving the
request.
City of Brookings
April 24, 2012
151
Sec. 94-134. BUSINESS B-3 HEAVY DISTRICT.
(a) Intent. This district is intended to provide for a wide variety of retail services. This district
will include commercial uses requiring large land areas, extensive retail operations, and outdoor
display of merchandise. Inventory and material storage shall be screened.
(b) Scope of Regulations. The regulations set forth in this section or set forth elsewhere in
this title, when referred to in this section, are the district regulations of the Business B-3 Heavy
District.
(c) Permitted Uses.
1. Retail or service store
2. Personal service store
3. Hotel
4. Financial institution
5. Public transportation facility
6. Public utility facility
7. Parking facility or lot
8. Grocery supermarket
9. Drive-in food service
10. Gas dispensing station
11. Animal hospital
12. Car wash
13. Indoor or outdoor recreational facility
14. Temporary storage facility
15. Automobile sales
16. Office
17. Seasonal roadside stand
18. Drinking Establishment
19. Telecommunications Towers
(d) Permitted Special Uses. A building or premises may be used for the following purposes in
conformance with the conditions prescribed herein:
1. Outdoor sales
a. Used parts and other material storage shall be screened from adjoining property.
2. Wholesale trade with warehousing and storage
a. All inventory shall be stored within a completely enclosed building.
3. Lumberyard
a. The lumber storage area shall be at the rear of the building and screened from any
arterial street or residential district.
b. Seasonal outdoor displays shall not reduce the number of parking spaces on the lot
below the minimum requirements.
4. Nursery or greenhouse
a. Any land used to grow flowers, shrubs or trees shall not be located within 100 feet of
an arterial street.
5. Reverse vending machine
City of Brookings
April 24, 2012
152
a. A trash receptacle shall be provided on-site.
6. Automobile service station
a. No fuel delivery pump shall be located within twenty feet (20') of any side lot line or
right-of-way line. No fuel pump shall be located within fifty feet (50') of the side or
rear lot line abutting a residential district.
b. All repair work shall be done within a completely enclosed building.
c. All used automobile parts and dismantled vehicles shall be screened from adjacent
property.
7. Citizen's drop-off for recyclables
a. No container shall be located within 100 feet of a residential district.
8. Motor vehicle repair shop
a. All repair work shall be done within a completely enclosed building.
b. All used automobile parts and dismantled vehicles shall be screened from adjacent
property.
9. Motel
a. A minimum lot area of 1,000 square feet shall be provided for each sleeping room or
suite.
10. Equipment rental store
a. An on-premise pickup and drop-off area shall be provided
b. Outdoor displays shall not reduce the number of parking spaces on the lot below the
minimum requirements.
11. Auction house
a. An on-premise pickup and drop-off area shall be provided
b. Outdoor displays shall not reduce the number of parking spaces on the lot below the
minimum requirements.
12. Semi-trailer storage
a. Storage shall not be permitted in the minimum front yard setback.
(e) Conditional Uses.
1. Assembling and packaging
2. Freight handling
3. Manufacturing, light
4. Mixed business/residential use
5. Contractors shop and storage yard
6. Buy back center for recyclables
7. Household hazardous waste site
8. Light processing facility
9. Transfer site for recyclables
10. Day care facility
11. Kennel
12. Truck and trailer rentals
13. Farm Implement Sales
(f) Density, Area, Yard and Height Regulations.
The B-3 district regulations shall be as follows:
City of Brookings
April 24, 2012
153
Min. Min. Min. Min. Min. Max.
Lot Lot Front Side Rear Height
Density Area Width Yard Yard Yard
Sq.Ft. Sq.Ft.
All Uses - - 20' -* 20'* 45'
*A fifty foot (50') landscaped area shall be required between an abutting residential district
boundary line and any structure, access drive, parking lot or other accessory use.
(g) Accessory Uses. Accessory uses and building permitted in the B-3 District are buildings and
uses customarily incidental to any of the permitted uses in the district.
(h) Parking Regulations. Parking, loading and stacking within the B-3 District shall be in
conformance with the regulations set forth in division 4 of article VI of this chapter.
(i) Sign Regulations. Signs within the B-3 District shall be in conformance with the regulations
set forth in division 5 of article VI of this chapter.
(j) Other Regulations. Development within the B-3 District shall be in conformance with the
regulations set forth in article II of this chapter.
City of Brookings
April 24, 2012
157
Second Readings / Public Hearings
28. Public hearing and action on Ordinance No. 10-12, an Ordinance
amending the zoning ordinance of the City of Brookings and
pertaining to a church as a conditional use in the Business B-1
District for the purposes of administration of the zoning
ordinance.
Proposal: Allow a church as a conditional use in the downtown area
Specifics: This use is somewhat similar in nature to a community center
which is currently a conditional use in the B-1 District. I have proposed
some additional standards for a church. These are noted in red as follows:
Sec. 94-264. Church
This use shall be located on a collector or arterial street. The parking area
shall be designed to have a minimal impact on surrounding residential uses.
Due to the unique character of the Business B-1 District, the establishment
of the use in this district shall be subject to additional standards that
require a minimum of 15 on-premise parking spaces or a site location
boundary that is within 200 feet of a public parking lot.
Recommendation: The Planning Commission voted 8 yes and 0 no to
recommend approval of the zoning amendment.
City Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City of Brookings
April 24, 2012
158
Ordinance No. 10-12
An ordinance amending the zoning ordinance of the City of Brookings and
pertaining to a church as a conditional use in the Business B-1 District for the
purposes of administration of the zoning ordinance
Be it ordained by the Council of the City of Brookings, State of South Dakota: that Chapter 94,
Zoning, shall be amended as follows:
Section 1. Section 94-131. BUSINESS B-1 CENTRAL DISTRICT
(e) Conditional Uses
8. Church
Section 2. ARTICLE V. CONDITIONAL USES
DIVISION 3. STANDARDS
Section 94-264. Church
This use shall be located on a collector or arterial street. The parking area shall
be designed to have a minimal impact on surrounding residential uses. Due to
the unique character of the Business B-1 District, the establishment of the use in
this district shall be subject to additional standards that require a minimum of 15
on-premise parking spaces or a site location boundary that is within 200 feet of a
public parking lot.
Section 2. Any or all ordinances in conflict herewith are hereby repealed.
First Reading: March 27, 2012
Second Reading: April 24, 2012
Published: April 27, 2012
CITY OF BROOKINGS, SD
___________________________________
Tim Reed, Mayor
ATTEST:
________________________
Shari Thornes, City Clerk
City of Brookings
April 24, 2012
159
NOTICE OF HEARING
UPON A CHANGE IN ZONE REGULATIONS
NOTICE IS HEREBY GIVEN That the City of Brookings has submitted an
amendment to Chapter 94, Zoning, pertaining to a church as a conditional use in the
Business B-1 District.
NOTICE IS FURTHER GIVEN That said request will be acted on by the City
Planning Commission at 7:00 PM on Monday, March 12, 2012, in the Council Chamber
in the lower level of City Hall, Brookings, South Dakota. Any action taken by the City
Planning Commission is a recommendation to the City Council.
Any person interested may appear and be heard in this matter.
Dated this 2nd day of March 2012.
____________________________
Dan Hanson
Planning & Zoning Administrator
City of Brookings
April 24, 2012
160
Planning Commission
Brookings, South Dakota
March 12, 2012
OFFICIAL MINUTES
Chairperson Wayne Avery called the regular meeting of the City Planning Commission
to order on Monday March 12, 2012, at 7:00 PM in the Council Chamber at City Hall. Members
present were Greg Fargen, Alan Gregg, Al Heuton, Donna DeKraai, John Sydow, Hal Bailey,
Mike Cameron, and Avery. John Gustafson was absent. Also present were Brian Gatzke, John
Mills, Al Rogers, Jason Stevenson, Todd Meierhenry, Community Development Director Mike
Struck, Planning and Zoning Administrator Dan Hanson and others.
Item #10 – The City of Brookings has submitted an amendment to Chapter 94, Zoning,
pertaining to a church as a Conditional Use in the Business B-1 District.
(Bailey/Fargen) Motion to approve the amendment. All present voted aye. MOTION
CARRIED.
SUMMARY OF DISCUSSION
Item #10 – Hanson explained that a church use would be somewhat similar to a community
center use where people would congregate for an event. Because of this, the standards were
modified to require some on-premise parking or convenient access to nearby public parking.
This could prevent one use in the Central Business District from occupying an excessive
amount of on-street parking and thereby impacting adjacent businesses.
Bailey recommended eliminating the work “and” in the fourth line of the Sec 94-264.
The commission generally agreed with this modification.
City of Brookings
April 24, 2012
161
Sec. 94-131. BUSINESS B-1 CENTRAL DISTRICT
(a) Intent. This district is intended to provide a strong supportive retail center. It is the intent
of this district to place a high priority on retail trade, office, personal service, institutional and
entertainment center uses. Integrating new uses with existing businesses is encouraged. No
outdoor storage shall be permitted.
(b) Scope of Regulations. The regulations set forth in this section or set forth elsewhere in
this ordinance, when referred to in this section, are the district regulations of the Business B-1
Central District.
(c) Permitted Uses.
1. Retail or service store
2. Personal service store
3. Personal health service
4. Hotel
5. Financial institution
6. Office
7. Public transportation facility
8. Public utility facility
9. Parking facility or lot
10. Drinking Establishment
11. Telecommunications tower
12. Extended Stay Hotel
(d) Permitted Special Uses. A building or premises may be used for the following purposes in
conformance with the conditions prescribed herein:
1. Storage and warehousing
a. All operations, equipment and materials shall be stored within a completely enclosed
structure.
2. Day care facility
a. A four-foot (4') high transparent fence shall be constructed between the play area and
the street.
3. Apartment
a. Dwelling units shall be located on the second floor or above.
(e) Conditional Uses.
1. Repair garage
2. Assembling and packaging
3. Apartments for the elderly
4. Broadcast Tower
5. Community Center
6. Drive-in Food Service
7. Brewpub
8. Church
City of Brookings
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162
(f) Density, Area, Yard and Height Regulations.
The B-1 district regulations shall be as follows:
Min. Min. Min. Min. Min. Max.
Lot Lot Front Side Rear Height
Density Area Width Yard Yard Yard
Sq.Ft. Sq.Ft.
All Uses - - - -* 20'* 50'
*A thirty foot (30') landscaped area shall be required between an abutting residential district
boundary line and any structure, access drive, parking lot or other accessory use.
(g) Accessory Uses. Accessory uses and building permitted in the B-1 District are buildings and
uses customarily incidental to any of the permitted uses in the district.
(h) Parking Regulations. Parking, loading and stacking within the B-1 District shall be in
conformance with the regulations set forth in division 4 of article VI of this chapter
(i) Sign Regulations. Signs within the B-1 District shall be in conformance with the regulations
set forth in division 5 of article VI of this chapter
(j) Other Regulations. Development within the B-1 District shall be in conformance with the
regulations set forth in article II of this chapter
City of Brookings
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163
Second Readings / Public Hearings
29. Public hearing and action on an On-Off Sale Malt Alcohol
Beverage license for The Depot, LLC, Kathy McClemans, Robb
McClemans and Elizabeth McClemans-Novak, owners, 919 20th
St. So., Brookings, South Dakota, Lot 7, Block 13, McClemans
Addition.
The City of Brookings has received an application for an On-Off Sale Malt Beverage
License for The Depot, LLC, 919 20th St. So., from Kathy McClemans, Robb McClemans
and Elizabeth McClemans-Novak, owners. Legal description: Lot 7, Block 13,
McClemans Addition. All the required documents have been submitted for this
application. A public hearing and action by the local governing body is required to
approve a Malt Beverage License. This license would be effective July 1, 2012, 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.
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.”
City Ordinances:
Listed below is Chapter 5, Article 2, Section 5-20 of the City Code of Ordinances
pertaining to Application Review Procedure.
The City Council shall review all applications submitted to the City for available On-Sale
Alcoholic Beverage Agreements and for On-Sale Malt Beverage and Wine Licenses in
accordance with SDCL 35-2 and in accordance with the following factors:
a. Type of business which applicant proposes to operate: On-Sale Alcoholic
Beverage Operating Agreements and On-Sale Malt Beverage and Wine
Licenses may not be issued to convenience grocery stores, gas stations,
City of Brookings
April 24, 2012
164
or other stores where groceries or gasoline are sold unless it can be
established that minors do not regularly frequent the establishment.
b. The manner in which the business is operated: On-Sale Alcoholic
Beverage Operating Agreements and On-Sale Malt Beverage and Wine
Licenses may not be issued to establishments which are operated in a
manner which results in minors regularly frequenting the establishment.
c. The extent to which minors are employed in such a place of business:
On-Sale Alcoholic Beverage Operating Agreements and On-Sale Malt
Beverage and Wine Licenses may not be issued to convenience grocery
stores, gas stations, or other stores where groceries or gasoline are sold
and which regularly employ minors.
d. The adequacy of the police facilities to properly police the proposed
location: The City Council shall inquire of the Police Chief whether the
Police Department can adequately police the proposed location.
e. Other factors: The hours that business is conducted shall be considered
by the City Council in its review of applications for on-sale alcoholic
beverage operating agreements and on-sale malt beverage and wine
licenses.
Summary: SDCL and case law support the premise that the decision to issue an
alcoholic beverage license is discretionary. The City can assess the character of the
applicant and whether the location is suitable. A person convicted of a felony is
prohibited from applying for a license; therefore, a convicted felon would fail the
character test. In determining suitable location, the Council may involve the
determination of whether the location is suitable consistent with the procedure
developed through South Dakota Case Law. This includes the manner in which the
business is operated; the extent to which minors frequent or are employed in such
place of business; the adequacy of the police facilities to properly police the proposed
location, and other factors associated with the sale of alcoholic beverages.
City Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City of Brookings
April 24, 2012
165
Second Readings / Public Hearings
30. Public hearing and action on a video lottery permit for The
Depot, LLC, Kathy McClemans, Robb McClemans and Elizabeth
McClemans-Novak, owners, 919 20th St. So., Brookings, South
Dakota, Lot 7, Block 13, McClemans Addition.
Kathy McClemans, Robb McClemans and Elizabeth McClemans-Novak, The
Depot, 919 20th St. So., have applied for a Video Lottery License. The
Depot is a new business to be located at 919 20th St. So., legal description:
Lot 7, Block 13, McClemans Addition. This is the last remaining video
lottery license pursuant to Ordinance No. 05-11.
City Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City of Brookings
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168
Other Business
31. Action On Resolution No. 66-12, A Resolution giving approval to
certain Sewer Facilities Improvements; Giving approval to the
Issuance and Sale of a Revenue Bond to finance, directly or
indirectly, the improvements to the facilities; Approving the form
of the Loan Agreement and the Revenue Bond and the Pledging
Revenues and Collateral to secure the payment of the Revenue
Bond; and Creating Special Funds and Accounts for the
Administration of Funds for Operation of the System and
Retirement of the Revenue Bond. (Camelot Square Drainage
Improvement Project)
Attached is a resolution prepared by our bond counsel provides for the
bond issuance and debt financing of our storm water drainage improvement
projects. We have been approved for a state loan principle up to
$3,222,319 worth of eligible infrastructure projects from the State
Revolving Fund (SRF) of the Dept. of Environment and Natural Resources.
This funding will go toward Project 4 (Camelot Square Drainage
Improvement Project), which is scheduled be begin construction in 2012.
The loan will be repaid by our Storm Drainage Utility Fund. State financing
for this project was anticipated when you adopted the Finance Plan as a
means of paying for the projects in the Storm Drainage Master Plan. We
anticipate additional SRF applications in the future as a means of financing
future storm drainage projects in the Master Plan. However, State Law and
Agency Rules allow for financing of projects that can be completed within
three years of application.
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City of Brookings
April 24, 2012
169
RESOLUTION NO. 66-12
RESOLUTION GIVING APPROVAL TO CERTAIN SEWER FACILITIES
IMPROVEMENTS; GIVING APPROVAL TO THE ISSUANCE AND SALE OF A
REVENUE BOND TO FINANCE, DIRECTLY OR INDIRECTLY, THE
IMPROVEMENTS TO THE FACILITIES; APPROVING THE FORM OF THE LOAN
AGREEMENT AND THE REVENUE BOND AND PLEDGING REVENUES AND
COLLATERAL TO SECURE THE PAYMENT OF THE REVENUE BOND; AND
CREATING SPECIAL FUNDS AND ACCOUNTS FOR THE ADMINISTRATION
OF FUNDS FOR OPERATION OF THE SYSTEM AND RETIREMENT OF THE
REVENUE BOND. (Camelot Square Drainage Improvement Project)
WHEREAS, one of the purposes of SDCL Chapter 9-40 (the “Act”) as found and
determined by the Legislature is to provide for financing the acquisition, maintenance, operation,
extension or improvement of any system or part of any system for the collection, treatment and
disposal of sewage and other domestic, commercial and industrial wastes; or any system for the
control of floods and drainage; or any combination thereof, together with extensions, additions,
and necessary appurtenances; and,
WHEREAS, a municipality is authorized to issue revenue bonds to defray the cost of
extensions, additions and improvements to any utility previously owned and is authorized to
pledge the net income or revenues from the system in accordance with Section 15 of the Act; and,
WHEREAS, the City of Brookings (the “City”) currently operates a storm drainage
system for the control of floods and other storm water drainage and has determined that
improvements to the storm drainage system are necessary for the conduct of its governmental
programs and qualifies as an improvement, extension or addition to its storm drainage system;
and,
WHEREAS, the City has determined to issue its revenue bonds to finance the
improvements to its storm drainage system for the purpose of storm water management (the
“System”) and has applied to the South Dakota Conservancy District (the “District”) for a
Clean Water State Revolving Fund Loan to finance the improvements;
WHEREAS, the City adopt rates and charges to be pledged, segregated and used for the
payment of the Revenue Bond.
NOW THEREFORE BE IT RESOLVED by the City as follows:
SECTION 1. Definitions. The terms when used in this Resolution shall have the following
meanings set forth in this section unless the context clearly requires otherwise. All terms used in
this Resolution which are not defined herein shall have the meanings assigned to them in the
Loan Agreement unless the context clearly otherwise requires.
“Act” means South Dakota Codified Laws Chapter 9-40.
“Loan” means the Loan made by the South Dakota Conservancy District to the City pursuant
to the terms of the Loan Agreement and as evidenced by the Revenue Bond.
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“Project” means the City of Brookings Camelot Square drainage improvement project.
“Revenue Bond” means the revenue bond or bonds issued the date of the Loan Agreement
by the City to the South Dakota Conservancy District to evidence the City’s obligation to
repay the principal of and pay interest and Administrative Expense Surcharge on the Loan.
“System” means the City’s system of collection and management of storm water drainage.
SECTION 2. Declaration of Necessity and Findings.
2.1. Declaration of Necessity. The City hereby determines and declares it is
necessary to construct and finance improvements to its System described as the Project.
2.2. Findings. The City does hereby find as follows:
2.2.1. The City hereby expressly finds that if the Project is not undertaken, the
System will pose a health hazard to the City and its inhabitants, and will make the City
unable to comply with state and federal law.
2.2.2. Because of the functional interdependence of the various portions of the
System, the fact that the System may not lawfully operate unless it complies with State
and federal laws, including SDCL Chapter 34A-2, and the federal Clean Water Act, and
the nature of the improvements financed, the City hereby finds and determines that the
Project will substantially benefit the entire System and all of its users within the meaning
of Sections 15 and 17 of the Act.
2.2.3. The City hereby determines and finds that for the purposes of the Act,
including, in particular, Sections 15 and 17 of the Act, that only the net income from the
system as improved, financed by the Revenue Bond, be pledged for its payment.
SECTION 3. Authorization of Loan, Pledge of Revenue and Security.
3.1. Authorization of Loan. The City hereby determines and declares it
necessary to finance up to $3,222,319 of the costs of the Project through the issuance
of bonds payable from net revenues of the system and other funds secured by the City.
The City hereby determines that because the Revenue Bond is issued in connection with a
financing agreement described in SDCL 46A-1-49, pursuant to Section 15 of the Act no
election is required to issue the Revenue Bond.
3.2. Approval of Loan Agreement. The execution and delivery of the
Revenue Obligation Loan Agreement (the “Loan Agreement”), the form of which is on
file with the City Clerk and open to public inspection, between the City as Borrower
and the District, are hereby in all respects authorized, approved and confirmed, and the
Mayor, City Clerk and Finance Officer are hereby authorized and directed to execute
and deliver the Loan Agreement in the form and content attached hereto, with such
changes as the attorney for the City deems appropriate and approves, for and on behalf
of the City. The Mayor, City Clerk and Finance Officer are hereby further authorized
and directed to implement and perform the covenants and obligations of the City set
forth in or required by the Loan Agreement. The Loan Agreement herein referred to
and made a part of this Resolution is on file in the office of the City Clerk and is
available for inspection by any interested party.
City of Brookings
April 24, 2012
171
3.3. Approval of Revenue Bond. The issuance of a revenue bond in a
principal amount not to exceed $3,222,319 as determined according to the Loan
Agreement in the form and content set forth in Appendix B attached to the form of
Loan Agreement (the “Revenue Bond”) shall be and the same is, in all respects, hereby
authorized, approved, and confirmed and the Mayor, City Clerk, Finance Officer, and
other appropriate officials shall be and are hereby authorized and directed to execute
and seal the Revenue Bond and deliver the Revenue Bond to the District, for and on
behalf of the City, upon receipt of the purchase price, and to use the proceeds thereof
in the manner set forth in the Loan Agreement. The Mayor, City Clerk and Finance
Officer are hereby authorized to approve the final terms of the Revenue Bond and their
execution and delivery thereof shall evidence that approval. The Revenue Bond shall be
issued under the authority of SDCL Chapter 9-40 and SDCL Chapter 6-8B, and the
provisions of the Act are hereby expressly incorporated herein as provided in Section
19 of the Act.
3.4. Pledge of Revenues. The Revenue Bond together with the interest
thereon, shall not constitute a charge against the City's general credit or taxing power,
but shall be a limited obligation of the City payable solely out of the Project Debt
Service Account, which payments, revenues and receipts are hereby and in the Loan
Agreement pledged and assigned for the equal and ratable payments of the Revenue
Bond and shall be used for no other purpose than to pay the principal of, interest and
Administrative Surcharge on the Revenue Bond, except as may be otherwise expressly
authorized in the Loan Agreement (including the purpose of securing Additional Bonds
issued as permitted by the terms thereof). The City hereby irrevocably pledges to the
South Dakota conservancy District all income and revenues of the System, including,
without limitation, fees, charges to users of the System, penalties and hook-up fees, sign-
up fees, proceeds of business interruption insurance, proceeds from the sale of property
constituting part of the System and investment income on all such revenues, but only to
the extent that the revenues exceed the amounts necessary to operate and maintain the
System, provided there shall be excluded from this pledge the proceeds of any federal
or state grant or loan, and the investment income therefrom, to the extent such
exclusion is a condition of such grant or loan. The City covenants and agrees to charge
rates for all services from the System or establish charges or rates which will be
sufficient to provide for the payments upon the Revenue Bond issued hereunder as and
when the same become due, and as may be necessary to provide for the operation and
maintenance and repairs of the System, and depreciation, and the Rate Ordinance shall
be revised from time to time so as to produce these amounts. The City hereby
reserves the right to determine on a periodic basis the appropriate allocation of
operation and maintenance expenses, depreciation, repair and reserves associated with
the facilities financed with the Revenue Bond, provided that such determination of
allocable operation and maintenance expenses shall in no event abrogate, abridge or
otherwise contravene the covenant of the City set forth in this Section 3 or any other
covenant or agreement in the Loan Agreement.
SECTION 4. Rates, Certification, Segregation and Review.
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4.1. Rates and collection There shall be charged rates for each fiscal year
which shall ensure that its Net Revenues Available for Debt Service will equal at least
110% of its System Debt Service for such fiscal year.
4.2. Certification. In each fiscal year, or as soon as practicable, and in any
event by the date of the delivery of the unaudited financial statements required in the
Loan Agreement, the City shall (a) calculate its Net Revenues Available for Debt Service
and System Debt Service for the fiscal year, and (b) certify such figures to the South
Dakota Conservancy District. The certification described in clause (b) of the preceding
sentence shall be substantially in the form of the certificate attached as Appendix E to
the Loan Agreement. If the City fails to meet the Rate Covenant set forth in Section 6.4
of the Loan Agreement, the City shall supply the District with quarterly reports on the
actions it is taking to correct its coverage deficiency until it delivers an annual coverage
certificate showing compliance with the first sentence of this Section.
4.3. Segregation. The Finance Officer shall setup bookkeeping accounts in
accordance with South Dakota Legislative Audit guidelines for the segregation of the
revenue.
4.4. Periodic review. The sewer rates shall be reviewed from time to time,
not less than yearly, and shall be modified in order to produce such funds as are
necessary and required to comply with the Loan Agreement’s rate covenant and to pay
principal of, interest and Administrative Surcharge on the Revenue Bond when due. The
rates may be set by ordinance or resolution in accordance with this Section. The rate
ordinance or resolution shall be necessary for the support of government and shall be
effective upon passage.
SECTION 5. Additional Bonds. As permitted by Sections 8 and 9 of the Act, Additional
Bonds payable from revenues and income of the System may be issued, as permitted in the
Loan Agreement, and no provision of this Resolution shall have the effect of restricting the
issuance of, or impairing the lien of, such additional parity bonds with respect to the net
revenues or income from the extensions, additions or improvements. The City shall have the
right to issue additional bonds secured by a lien subordinate to the lien from the Revenue Bond
pursuant to the Loan Agreement.
SECTION 6. Project Fund Accounts. For the purpose of application and proper allocation
of net income of the System and to secure the payment of principal, Administrative Surcharge
and interest on the Revenue Bond, the following mandatory asset segregations shall be included
in the sewer system account of the City and shall be used solely for the following respective
purposes until payment in full of the principal of and interest on the Revenue Bond:
6.1. Project Revenue Account. There shall be deposited periodically into
the Project Revenue Account the net revenues as defined in Section 17 of the Act
derived from the operation of the Project collected pursuant to the Ordinances and
resolutions of the City of Brookings, South Dakota (collectively the “Rate Ordinance”).
Moneys from the Project Revenue Account shall be transferred periodically into
separate funds and accounts as provided below.
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6.2. Project Debt Service Account. Out of the revenues in the Project
Revenue Account, there shall be set aside no later than the 25th day of each month into
the account designated Project Debt Service Account, a sum sufficient to provide for
the payment as the same become due of the next maturing principal of, interest and
Administrative Surcharge on the Revenue Bonds and any reserve determined by the
City’s governing body to be necessary. The amount set aside monthly shall be not less
than one-third of the total principal, interest, and Administrative Surcharge payable on
the following January 15, April 15, July 15, or October 15 and if there shall be any
deficiency in the amount previously set aside, then the amount of such deficiency shall
be added to the current requirement.
6.3. Depreciation Account. There shall be established a General
Depreciation Account. Out of the revenues of the Project Revenue Account there shall
be set aside each month into the General Depreciation Account an amount determined
by the Common Council to be a proper and adequate amount for repair and
depreciation of the Project.
6.4. Project Surplus Account. There shall be established the Project
Surplus Account. Revenues remaining in the Project Revenue Account at the end of any
fiscal year after all periodic transfers have been made therefrom as above required, shall
be deemed to be surplus and shall be transferred to the Project Surplus Account. If at
any time there shall exist any default in making any periodic transfer to the Project
Debt Service Account, the Common Council shall authorize the City Finance Officer to
rectify such default so far as possible by the transfer of money from the Project Surplus
Account. If any such default shall exist as to more than one account or fund at any time,
then such transfer shall be made in the order such funds and accounts are listed above.
When not required to restore a current deficiency in the Project Debt Service Account,
moneys in the Project Surplus Account from time to time may be used for any of the
following purposes and not otherwise:
(a) To redeem and prepay the Revenue Bond when and as such Revenue Bond
becomes prepayable according to its terms;
(b) To pay for repairs of or for the construction and installation of
improvements or additions to the System; and, if the balances in the Project
Debt Service Account and the Project Depreciation Account are sufficient to
meet all payments required or reasonably anticipated to be made there from
prior to the end of the then current fiscal year, then:
(c) To be held as a reserve for redemption and prepayment of any bonds of the
System which are not then but will later be prepayable according to their terms;
or
(d) To be used for any other authorized municipal purpose designated by the
Common Council.
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(e) No moneys shall at any time be transferred from the Project Surplus
Account or any other account of the Fund to any other fund of the City, nor
shall such moneys at any time be loaned to other municipal funds or invested in
warrants, special improvements bonds or other obligations payable from other
funds, except as provided in this Section.
SECTION 7. Approval of Paying Agent/Registrar. The Revenue Bond shall be payable at
the office of The First National Bank in Sioux Falls, Sioux Falls, South Dakota, hereby designated
as paying agent and registrar.
SECTION 8. Approval of Bond Counsel. Meierhenry Sargent LLP is hereby retained as
Bond Counsel with respect to the Revenue Bond.
SECTION 9. Tax Matters. The Interest on the Revenue Bond shall be excludable from gross
income for federal income tax purposes under the Internal Revenue Code of 1986, as amended
(“the Code”) and applicable Treasury Regulations (the “Regulations”).
SECTION 10. Covenants. The City hereby covenants and agrees with the District and other
owners of the Revenue Bond as follows:
10.1. The City will punctually perform all duties with reference to the Project,
the System and the Revenue Bond required by the constitution and laws of the State of
South Dakota and by this Resolution.
10.2. The City agrees and covenants that it will promptly construct the
improvements included in the Project.
10.3. The City covenants and agrees that pursuant to Sections 25 through 27 of
the Act, the lawful holders of the Revenue Bond shall have a statutory mortgage lien
upon the Project and the extensions, additions and improvements thereto acquired
pursuant to the Act, until the payment in full of the principal and interest on the
Revenue Bond, and the City agrees not to sell or otherwise dispose of the System, the
Project, or any substantial part thereof, except as provided in the Loan Agreement and
shall not establish, authorize or grant a franchise for the operation of any other utility
supplying like products or services in competition therewith, or permit any person, firm
or corporation to compete with it in the distribution of water for municipal, industrial,
and domestic purposes within the City.
10.4. The City covenants and agrees with the District and other owners of the
Revenue Bond that it will maintain the System in good condition and operate the same in
an efficient manner and at a reasonable cost, so long as any portion of the Revenue Bond
remains outstanding; that it will maintain insurance on the System for the benefit of the
holders of the Revenue Bond in an amount which usually would be carried by private
companies in a similar type of business; that it will prepare, keep and file records,
statements and accounts as provided for in this Resolution and the Loan Agreement. The
Revenue Bond shall refer expressly to this Resolution and the Act and shall state that it is
subject to all provisions and limitations thereof pursuant to Section 19 of the Act.
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SECTION 11. Depositories. The Finance Officer shall cause all moneys pertaining to the
Funds and Accounts to be deposited as received with one or more banks which are duly
qualified public depositories under the provisions of SDCL Ch. 4-6A, in a deposit account or
accounts, which shall be maintained separate and apart from all other accounts of the City, so
long as any of the Bonds and the interest thereon shall remain unpaid. Any of such moneys not
necessary for immediate use may be deposited with such depository banks in savings or time
deposits. No money shall at any time be withdrawn from such deposit accounts except for the
purposes of the Funds and Accounts as authorized in this Resolution; except that moneys from
time to time on hand in the Funds and Accounts may at any time, in the discretion of the City’s
governing body, be invested in securities permitted by the provisions of SDCL 4-5-6; provided,
however, that the Depreciation Fund may be invested in such securities maturing not later than
ten years from the date of the investment. Income received from the deposit or investment of
moneys shall be credited to the Fund or Account from whose moneys the deposit was made or
the investment was purchased, and handled and accounted for in the same manner as other
moneys therein.
SECTION 12. Consent to Appointment. In the event of mismanagement of the Project, a
default in the payment of the principal or interest of the Revenue Bond, or in any other
condition thereof materially affecting the lawful holder of the Revenue Bond, or if the revenues
of the Project are dissipated, wasted or diverted from their proper application as set forth in
the Loan Agreement, Revenue Bond, or herein, the City hereby consents to the appointment of
a receiver pursuant to Section 33 of the Act, and agrees that the receiver will have the powers
set forth therein, and in Sections 34 and 35 of the Act to operate and administer the Project,
and charge and collect rates as described therein.
If any section, paragraph, clause or provision of this Resolution, the Loan Agreement, the Revenue
Bond, or any other Loan Document shall be held invalid, the invalidity of such section, paragraph,
clause or provision shall not affect any of the other provisions of this Resolution or said Loan
Agreement, Revenue Bond, or any other Loan Document.
The Mayor, City Manager, City Attorney, City Clerk, and City officials shall be and they are
hereby authorized to execute and deliver for and on behalf of the City any and all other
certificates, documents or other papers and to perform such other acts as they may deem
necessary or appropriate in order to implement and carry out the actions authorized herein.
This Resolution shall take effect on the 20th day following its publication, unless suspended by a
referendum.
Adopted at Brookings, South Dakota, this 24th day of April, 2012.
APPROVED:
(SEAL) Tim Reed, Mayor
Attest: ______________________________
City Clerk
Published: ________________
Effective: ________________
Other Business
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176
32. Action on Resolution No. 67-12, a Resolution Giving approval to
certain Sewer Facilities Improvements; Giving approval to the
Issuance and Sale of a Revenue Bond to finance, directly or
indirectly, the improvements to the facilities; Approving the form
of the Loan Agreement and the Revenue Bond and Pledging
Revenues and Collateral to secure the payment of the Revenue
Bond; and Creating Special Funds and Accounts for the
Administration of Funds for Operation of the System and
Retirement of the Revenue Bond. (Nelson 5th Addition Detention
Pond Project)
Attached is a resolution prepared by our bond counsel provides for the
bond issuance and debt financing of our storm water drainage improvement
projects. We have been approved for a state loan principle up to $549,476
of funding from the State Revolving Fund (SRF) of the Dept. of Environment
and Natural Resources. This funding will go toward Phase I of Project No.
5 (Nelson 5th Addition Detention Pond Project), which is scheduled be
begin construction in 2012. The loan will be repaid by our Storm Drainage
Utility Fund. State financing for this project was anticipated when you
adopted the Finance Plan as a means of paying for the projects in the Storm
Drainage Master Plan. We anticipate additional SRF applications in the
future as a means of financing future storm drainage projects in the Master
Plan. However, State Law and Agency Rules allow for financing of projects
that can be completed within three years of application.
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City of Brookings
April 24, 2012
177
RESOLUTION NO. 67-12
RESOLUTION GIVING APPROVAL TO CERTAIN SEWER FACILITIES
IMPROVEMENTS; GIVING APPROVAL TO THE ISSUANCE AND SALE OF A
REVENUE BOND TO FINANCE, DIRECTLY OR INDIRECTLY, THE
IMPROVEMENTS TO THE FACILITIES; APPROVING THE FORM OF THE LOAN
AGREEMENT AND THE REVENUE BOND AND PLEDGING REVENUES AND
COLLATERAL TO SECURE THE PAYMENT OF THE REVENUE BOND; AND
CREATING SPECIAL FUNDS AND ACCOUNTS FOR THE ADMINISTRATION
OF FUNDS FOR OPERATION OF THE SYSTEM AND RETIREMENT OF THE
REVENUE BOND. (Nelson 5th Addition Detention Pond Project)
WHEREAS, one of the purposes of SDCL Chapter 9-40 (the “Act”) as found and
determined by the Legislature is to provide for financing the acquisition, maintenance, operation,
extension or improvement of any system or part of any system for the collection, treatment and
disposal of sewage and other domestic, commercial and industrial wastes; or any system for the
control of floods and drainage; or any combination thereof, together with extensions, additions,
and necessary appurtenances; and,
WHEREAS, a municipality is authorized to issue revenue bonds to defray the cost of
extensions, additions and improvements to any utility previously owned and is authorized to
pledge the net income or revenues from the system in accordance with Section 15 of the Act; and,
WHEREAS, the City of Brookings (the “City”) currently operates a storm drainage
system for the control of floods and other storm water drainage and has determined that
improvements to the storm drainage system are necessary for the conduct of its governmental
programs and qualifies as an improvement, extension or addition to its storm drainage and has
determined that improvements to the storm drainage system are necessary for the conduct of
its governmental programs and qualifies as an improvement, extension or addition to its storm
drainage system; and,
WHEREAS, the City has determined to issue its revenue bonds to finance the
improvements to its storm drainage system for the purpose of storm water management (the
“System”) and has applied to the South Dakota Conservancy District (the “District”) for a
Clean Water State Revolving Fund Loan to finance the improvements;
WHEREAS, the City adopt rates and charges to be pledged, segregated and used for the
payment of the Revenue Bond.
NOW THEREFORE BE IT RESOLVED by the City as follows:
SECTION 1. Definitions. The terms when used in this Resolution shall have the following
meanings set forth in this section unless the context clearly requires otherwise. All terms used in
this Resolution which are not defined herein shall have the meanings assigned to them in the
Loan Agreement unless the context clearly otherwise requires.
“Act” means South Dakota Codified Laws Chapter 9-40.
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“Loan” means the Loan made by the South Dakota Conservancy District to the City pursuant
to the terms of the Loan Agreement and as evidenced by the Revenue Bond.
“Project” means the City of Brookings Nelson 5th Addition Detention Pond Project.
“Revenue Bond” means the revenue bond or bonds issued the date of the Loan Agreement
by the City to the South Dakota Conservancy District to evidence the City’s obligation to
repay the principal of and pay interest and Administrative Expense Surcharge on the Loan.
“System” means the City’s system of collection and management of storm water drainage.
SECTION 2. Declaration of Necessity and Findings.
2.1. Declaration of Necessity. The City hereby determines and declares it is
necessary to construct and finance improvements to its System described as the Project.
2.2. Findings. The City does hereby find as follows:
2.2.1. The City hereby expressly finds that if the Project is not undertaken, the
System will pose a health hazard to the City and its inhabitants, and will make the City
unable to comply with state and federal law.
2.2.2. Because of the functional interdependence of the various portions of the
System, the fact that the System may not lawfully operate unless it complies with State
and federal laws, including SDCL Chapter 34A-2, and the federal Clean Water Act, and
the nature of the improvements financed, the City hereby finds and determines that the
Project will substantially benefit the entire System and all of its users within the meaning
of Sections 15 and 17 of the Act.
2.2.3. The City hereby determines and finds that for the purposes of the Act,
including, in particular, Sections 15 and 17 of the Act, that only the net income from the
system as improved, financed by the Revenue Bond, be pledged for its payment.
SECTION 3. Authorization of Loan, Pledge of Revenue and Security.
3.1. Authorization of Loan. The City hereby determines and declares it
necessary to finance up to $549,476 of the costs of the Project through the issuance of
bonds payable from net revenues of the system and other funds secured by the City.
The City hereby determines that because the Revenue Bond is issued in connection with a
financing agreement described in SDCL 46A-1-49, pursuant to Section 15 of the Act no
election is required to issue the Revenue Bond.
3.2. Approval of Loan Agreement. The execution and delivery of the
Revenue Obligation Loan Agreement (the “Loan Agreement”), the form of which is on
file with the City Clerk and open to public inspection, between the City as Borrower
and the District, are hereby in all respects authorized, approved and confirmed, and the
Mayor, City Clerk and Finance Officer are hereby authorized and directed to execute
and deliver the Loan Agreement in the form and content attached hereto, with such
changes as the attorney for the City deems appropriate and approves, for and on behalf
of the City. The Mayor, City Clerk and Finance Officer are hereby further authorized
and directed to implement and perform the covenants and obligations of the City set
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forth in or required by the Loan Agreement. The Loan Agreement herein referred to
and made a part of this Resolution is on file in the office of the City Clerk and is
available for inspection by any interested party.
3.3. Approval of Revenue Bond. The issuance of a revenue bond in a
principal amount not to exceed $549,476 as determined according to the Loan
Agreement in the form and content set forth in Appendix B attached to the form of
Loan Agreement (the “Revenue Bond”) shall be and the same is, in all respects, hereby
authorized, approved, and confirmed and the Mayor, Finance Officer, and other
appropriate officials shall be and are hereby authorized and directed to execute and seal
the Revenue Bond and deliver the Revenue Bond to the District, for and on behalf of
the City, upon receipt of the purchase price, and to use the proceeds thereof in the
manner set forth in the Loan Agreement. The Mayor and Finance Officer are hereby
authorized to approve the final terms of the Revenue Bond and their execution and
delivery thereof shall evidence that approval. The Revenue Bond shall be issued under
the authority of SDCL Chapter 9-40 and SDCL Chapter 6-8B, and the provisions of the
Act are hereby expressly incorporated herein as provided in Section 19 of the Act.
3.4. Pledge of Revenues. The Revenue Bond together with the interest
thereon, shall not constitute a charge against the City's general credit or taxing power,
but shall be a limited obligation of the City payable solely out of the Project Debt
Service Account, which payments, revenues and receipts are hereby and in the Loan
Agreement pledged and assigned for the equal and ratable payments of the Revenue
Bond and shall be used for no other purpose than to pay the principal of, interest and
Administrative Surcharge on the Revenue Bond, except as may be otherwise expressly
authorized in the Loan Agreement (including the purpose of securing Additional Bonds
issued as permitted by the terms thereof). The City hereby irrevocably pledges to the
South Dakota conservancy District all income and revenues of the System, including,
without limitation, fees, charges to users of the System, penalties and hook-up fees, sign-
up fees, proceeds of business interruption insurance, proceeds from the sale of property
constituting part of the System and investment income on all such revenues, but only to
the extent that the revenues exceed the amounts necessary to operate and maintain the
System, provided there shall be excluded from this pledge the proceeds of any federal
or state grant or loan, and the investment income therefrom, to the extent such
exclusion is a condition of such grant or loan. The City covenants and agrees to charge
rates for all services from the System or establish charges or rates which will be
sufficient to provide for the payments upon the Revenue Bond issued hereunder as and
when the same become due, and as may be necessary to provide for the operation and
maintenance and repairs of the System, and depreciation, and the Rate Ordinance shall
be revised from time to time so as to produce these amounts. The City hereby
reserves the right to determine on a periodic basis the appropriate allocation of
operation and maintenance expenses, depreciation, repair and reserves associated with
the facilities financed with the Revenue Bond, provided that such determination of
allocable operation and maintenance expenses shall in no event abrogate, abridge or
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otherwise contravene the covenant of the City set forth in this Section 3 or any other
covenant or agreement in the Loan Agreement.
SECTION 4. Rates, Certification, Segregation and Review.
4.1. Rates and collection There shall be charged rates for each fiscal year
which shall ensure that its Net Revenues Available for Debt Service will equal at least
110% of its System Debt Service for such fiscal year.
4.2. Certification. In each fiscal year, or as soon as practicable, and in any
event by the date of the delivery of the unaudited financial statements required in the
Loan Agreement, the City shall (a) calculate its Net Revenues Available for Debt Service
and System Debt Service for the fiscal year, and (b) certify such figures to the South
Dakota Conservancy District. The certification described in clause (b) of the preceding
sentence shall be substantially in the form of the certificate attached as Appendix E to
the Loan Agreement. If the City fails to meet the Rate Covenant set forth in Section 6.4
of the Loan Agreement, the City shall supply the District with quarterly reports on the
actions it is taking to correct its coverage deficiency until it delivers an annual coverage
certificate showing compliance with the first sentence of this Section.
4.3. Segregation. The Finance Officer shall set up bookkeeping accounts in
accordance with South Dakota Legislative Audit guidelines for the segregation of the
revenue.
4.4. Periodic review. The sewer rates shall be reviewed from time to time,
not less than yearly, and shall be modified in order to produce such funds as are
necessary and required to comply with the Loan Agreement’s rate covenant and to pay
principal of, interest and Administrative Surcharge on the Revenue Bond when due. The
rates may be set by ordinance or resolution in accordance with this Section. The rate
ordinance or resolution shall be necessary for the support of government and shall be
effective upon passage.
SECTION 5. Additional Bonds. As permitted by Sections 8 and 9 of the Act, Additional
Bonds payable from revenues and income of the System may be issued, as permitted in the
Loan Agreement, and no provision of this Resolution shall have the effect of restricting the
issuance of, or impairing the lien of, such additional parity bonds with respect to the net
revenues or income from the extensions, additions or improvements. The City shall have the
right to issue additional bonds secured by a lien subordinate to the lien from the Revenue Bond
pursuant to the Loan Agreement.
SECTION 6. Project Fund Accounts. For the purpose of application and proper allocation
of net income of the System and to secure the payment of principal, Administrative Surcharge
and interest on the Revenue Bond, the following mandatory asset segregations shall be included
in the sewer system account of the City and shall be used solely for the following respective
purposes until payment in full of the principal of and interest on the Revenue Bond:
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6.1. Project Revenue Account. There shall be deposited periodically into
the Project Revenue Account the net revenues as defined in Section 17 of the Act
derived from the operation of the Project collected pursuant to the Ordinances and
resolutions of the City of Brookings, South Dakota (collectively the “Rate Ordinance”).
Moneys from the Project Revenue Account shall be transferred periodically into
separate funds and accounts as provided below.
6.2. Project Debt Service Account. Out of the revenues in the Project
Revenue Account, there shall be set aside no later than the 25th day of each month into
the account designated Project Debt Service Account, a sum sufficient to provide for
the payment as the same become due of the next maturing principal of, interest and
Administrative Surcharge on the Revenue Bonds and any reserve determined by the
City’s governing body to be necessary. The amount set aside monthly shall be not less
than one-third of the total principal, interest, and Administrative Surcharge payable on
the following January 15, April 15, July 15, or October 15 and if there shall be any
deficiency in the amount previously set aside, then the amount of such deficiency shall
be added to the current requirement.
6.3. Depreciation Account. There shall be established a General
Depreciation Account. Out of the revenues of the Project Revenue Account there shall
be set aside each month into the General Depreciation Account an amount determined
by the Common Council to be a proper and adequate amount for repair and
depreciation of the Project.
6.4. Project Surplus Account. There shall be established the Project
Surplus Account. Revenues remaining in the Project Revenue Account at the end of any
fiscal year after all periodic transfers have been made therefrom as above required, shall
be deemed to be surplus and shall be transferred to the Project Surplus Account. If at
any time there shall exist any default in making any periodic transfer to the Project
Debt Service Account, the Common Council shall authorize the City Finance Officer to
rectify such default so far as possible by the transfer of money from the Project Surplus
Account. If any such default shall exist as to more than one account or fund at any time,
then such transfer shall be made in the order such funds and accounts are listed above.
When not required to restore a current deficiency in the Project Debt Service Account,
moneys in the Project Surplus Account from time to time may be used for any of the
following purposes and not otherwise:
(a) To redeem and prepay the Revenue Bond when and as such Revenue Bond
becomes prepayable according to its terms;
(b) To pay for repairs of or for the construction and installation of
improvements or additions to the System; and, if the balances in the Project
Debt Service Account and the Project Depreciation Account are sufficient to
meet all payments required or reasonably anticipated to be made there from
prior to the end of the then current fiscal year, then:
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(c) To be held as a reserve for redemption and prepayment of any bonds of the
System which are not then but will later be prepayable according to their terms;
or
(d) To be used for any other authorized municipal purpose designated by the
Common Council.
(e) No moneys shall at any time be transferred from the Project Surplus
Account or any other account of the Fund to any other fund of the City, nor
shall such moneys at any time be loaned to other municipal funds or invested in
warrants, special improvements bonds or other obligations payable from other
funds, except as provided in this Section.
SECTION 7. Approval of Paying Agent/Registrar. The Revenue Bond shall be payable at
the office of The First National Bank in Sioux Falls, Sioux Falls, South Dakota, hereby designated
as paying agent and registrar.
SECTION 8. Approval of Bond Counsel. Meierhenry Sargent LLP is hereby retained as
Bond Counsel with respect to the Revenue Bond.
SECTION 9. Tax Matters. The Interest on the Revenue Bond shall be excludable from gross
income for federal income tax purposes under the Internal Revenue Code of 1986, as amended
(“the Code”) and applicable Treasury Regulations (the “Regulations”).
SECTION 10. Covenants. The City hereby covenants and agrees with the District and other
owners of the Revenue Bond as follows:
10.1. The City will punctually perform all duties with reference to the Project,
the System and the Revenue Bond required by the constitution and laws of the State of
South Dakota and by this Resolution.
10.2. The City agrees and covenants that it will promptly construct the
improvements included in the Project.
10.3. The City covenants and agrees that pursuant to Sections 25 through 27 of
the Act, the lawful holders of the Revenue Bond shall have a statutory mortgage lien
upon the Project and the extensions, additions and improvements thereto acquired
pursuant to the Act, until the payment in full of the principal and interest on the
Revenue Bond, and the City agrees not to sell or otherwise dispose of the System, the
Project, or any substantial part thereof, except as provided in the Loan Agreement and
shall not establish, authorize or grant a franchise for the operation of any other utility
supplying like products or services in competition therewith, or permit any person, firm
or corporation to compete with it in the distribution of water for municipal, industrial,
and domestic purposes within the City.
10.4. The City covenants and agrees with the District and other owners of the
Revenue Bond that it will maintain the System in good condition and operate the same in
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an efficient manner and at a reasonable cost, so long as any portion of the Revenue Bond
remains outstanding; that it will maintain insurance on the System for the benefit of the
holders of the Revenue Bond in an amount which usually would be carried by private
companies in a similar type of business; that it will prepare, keep and file records,
statements and accounts as provided for in this Resolution and the Loan Agreement. The
Revenue Bond shall refer expressly to this Resolution and the Act and shall state that it is
subject to all provisions and limitations thereof pursuant to Section 19 of the Act.
SECTION 11. Depositories. The Finance Officer shall cause all moneys pertaining to the
Funds and Accounts to be deposited as received with one or more banks which are duly
qualified public depositories under the provisions of SDCL Ch. 4-6A, in a deposit account or
accounts, which shall be maintained separate and apart from all other accounts of the City, so
long as any of the Bonds and the interest thereon shall remain unpaid. Any of such moneys not
necessary for immediate use may be deposited with such depository banks in savings or time
deposits. No money shall at any time be withdrawn from such deposit accounts except for the
purposes of the Funds and Accounts as authorized in this Resolution; except that moneys from
time to time on hand in the Funds and Accounts may at any time, in the discretion of the City’s
governing body, be invested in securities permitted by the provisions of SDCL 4-5-6; provided,
however, that the Depreciation Fund may be invested in such securities maturing not later than
ten years from the date of the investment. Income received from the deposit or investment of
moneys shall be credited to the Fund or Account from whose moneys the deposit was made or
the investment was purchased, and handled and accounted for in the same manner as other
moneys therein.
SECTION 12. Consent to Appointment. In the event of mismanagement of the Project, a
default in the payment of the principal or interest of the Revenue Bond, or in any other
condition thereof materially affecting the lawful holder of the Revenue Bond, or if the revenues
of the Project are dissipated, wasted or diverted from their proper application as set forth in
the Loan Agreement, Revenue Bond, or herein, the City hereby consents to the appointment of
a receiver pursuant to Section 33 of the Act, and agrees that the receiver will have the powers
set forth therein, and in Sections 34 and 35 of the Act to operate and administer the Project,
and charge and collect rates as described therein.
SECTION 13. Severability. If any section, paragraph, clause or provision of this Resolution,
the Loan Agreement, the Revenue Bond, or any other Loan Document shall be held invalid, the
invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions
of this Resolution or said Loan Agreement, Revenue Bond, or any other Loan Document.
SECTION 14. Authorization of City Officials. The Mayor, City Manager, City Attorney,
City Clerk, and City officials shall be and they are hereby authorized to execute and deliver for and
on behalf of the City any and all other certificates, documents or other papers and to perform
such other acts as they may deem necessary or appropriate in order to implement and carry out
the actions authorized herein.
SECTION 15. Effective Date. This Resolution shall take effect on the 20th day following its
publication, unless suspended by a referendum.
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Adopted at Brookings, South Dakota, this 24th day of April, 2012.
APPROVED:
___________________________
(SEAL) Tim Reed, Mayor
Attest: ______________________________
Shari Thornes, City Clerk
Published: ________________
Effective: ________________
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Other Business
33. Action to approve Resolution No. 69-12, a Resolution Revising
Compensation for the Mayor and Council Members of the City of
Brookings.
TO: Mayor and City Council Members
FROM: City Manager Jeff Weldon
RE: Adjustment in compensation for City Council
Pursuant to previous Council action, you directed the preparation of a resolution for
your consideration pertaining to an adjustment for the salary compensation for the
mayor and council members and you prescribed an amount. Attached is Resolution No.
69-12 which, as authorized under the City Charter and City Code of Ordinances,
authorizes such an adjustment. The resolution increases the compensation for the
Office of Mayor from $400 per month to $800 per month and for the Office of Council
Member from $300 per month to $600 per month. The effective date of this change
would be May, 2012.
A recent survey of salary comparisons of First-Class Cities in South Dakota revealed
Brookings had the lowest compensation amount, even among cities that had adopted
the Council-Manager form of government.
Because this change is being made effective mid-year, it will require a budget amendment
of approximately $20,000 depending upon the number of special meetings that will
occur.
Resolution No. 69-12
Resolution Revising Compensation
for the Mayor and Council Members of the City of Brookings
Be It Resolved by the City Council of the City of Brookings, South Dakota that the annual salary for
Council Members of the City Council shall be $7,200 and shall be $9,600 for the Mayor.
In accordance with City Charter Section 2.04, this resolution shall not become effective until the
first regular meeting in May, 2012.
Passed and approved on the 24th day of April, 2012.
CITY OF BROOKINGS:
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
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Other Business
34. Adjourn