HomeMy WebLinkAbout2012_05_08 CC PKT1
Brookings City Council
Tuesday, May 8, 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. Present Certificate of Election and Oath of Office to Council Members John Kubal and
Tom Bezdichek.
2. Brookings Health Systems Quarterly Report.
3. Update Report on 7th Avenue South and 15th Street South.
4. City Council Member Ex-Officio Reports.
5. Joint Powers Board members’ Report.
6. City Council member introduction of topics for future discussion. *
7. 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. 71-12, a Resolution declaring miscellaneous items
surplus.
D. Action on Resolution No. 72-12, a Resolution declaring Fire Department
equipment surplus.
E. Action on Resolution No 73-12, a Resolution authorizing an Application for
Financial Assistance, authorizing the execution and submittal of the application,
and designating an authorized representative to certify and sign payment
requests.
F. Action to abate the 2012 drainage fees for Parcel No. 40610-00300-000-00 and
40610-00400-001-00; Block 3, Thelen Addition.
City of Brookings
May 8, 2012
2
G. Action to purchase an Automated Side Loading Refuse Box and Chassis off
another governmental agency bid.
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
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
Contracts and Change Orders
8. Action on Resolution No. 74-12, a Resolution awarding the contract for the Swiftel
Center Storage Addition.
Action: Motion to Approve, Request Public Comment, Roll Call
First Readings**
9. Ordinance No. 12-12, an Ordinance Amending the Zoning Ordinance of the city of
Brookings and pertaining to Land Use Classification Procedures for the purposes of
Administration of the Zoning Ordinance.
Public Hearing: May 22, 2012
**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
10. 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
11. Public hearing and action on 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.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Other Business
12. The Opportunity for a Council Member to move to reconsider the vote from the April
24th Meeting concerning approval of 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.
City of Brookings
May 8, 2012
3
13. The Opportunity for a Council Member to move to reconsider the vote from the April
24th Meeting concerning approval of an Video Lottery 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.
14. Adjourn.
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 of Brookings
May 8, 2012
4
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. Present Certificate of Election and Oath of Office to Council
Members John Kubal and Tom Bezdichek.
Deputy Mayor Thorpe will present John Kubal and Tom Bezdichek with
their Certificate of Election and will read the following Oath of Office and
be sworn in as City Council Members:
Brookings City Council
Oath of Office
I, John L. Kubal, having run unopposed for the office of City Council Member within
and for the City of Brookings, Brookings County, South Dakota, do solemnly swear
I will support the Constitution of the United States and of this State and the
Brookings City Charter, and faithfully discharge the duties of my office, and that I am
not under direct or indirect obligation to appoint or elect any person to any office,
position, or employment under the government of the City of Brookings.
John L. Kubal
Subscribed and sworn to before me this eighth day of May, 2012.
Jael Thorpe, Deputy Mayor
Brookings City Council
Oath of Office
I, Thomas R. Bezdichek, having run unopposed for the office of City Council
Member within and for the City of Brookings, Brookings County, South Dakota, do
solemnly swear I will support the Constitution of the United States and of this State
and the Brookings City Charter, and faithfully discharge the duties of my office, and
that I am not under direct or indirect obligation to appoint or elect any person to
any office, position, or employment under the government of the City of Brookings.
Thomas R. Bezdichek
Subscribed and sworn to before me this eighth day of May, 2012.
Jael Thorpe, Mayor
NOTE: Mayor Reed was sworn in on May 2nd by the City Clerk.
City of Brookings
May 8, 2012
5
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. Brookings Health Systems Quarterly Report.
Representatives of Brookings Health Systems will provide the City Council
and public with a financial report and update on current and pending issues.
BROOKINGS HEALTH SYSTEM
Brookings Health System
Brookings City Council Meeting
May 8, 2012
BROOKINGS HEALTH SYSTEM
Skilled Nursing Facility /
Financing
BROOKINGS HEALTH SYSTEM
White Medical Clinic /
Home Medical Equipment
BROOKINGS HEALTH SYSTEM
Master Campus Plan
BROOKINGS HEALTH SYSTEM
Transparency
•“Always” Campaign
•Journey to Excellence
–NRC Picker
–Studer Model
•Core Measures
–5 Pillars
•Communication
– Boards/Screens
– Electronic (website, TV, email)
BROOKINGS HEALTH SYSTEM
Community Health Needs
Assessment
•Board of Trustees
Strategic Planning
Retreat
(September/October)
BROOKINGS HEALTH SYSTEM
Brookings Health System
Financials
Fiscal Year 2011
&
Fiscal Year 2012 (1st Quarter)
BROOKINGS HEALTH SYSTEM
Period Ending Date 12/31/2011 12/31/2010 12/31/2009 12/31/2008
Balance Sheet
Assets
Current Assets $13,937,591 $12,593,911 $17,651,046 $24,597,679
Non Current Cash and Reserves $3,008,680 $12,345,335 $9,482,670 $1,996,875
Depreciation Fund $9,053,135 $0 $0 $0
Capital Assets $19,410,080 $18,078,630 $16,188,500 $15,987,751
Other Assets $344,474 $261,556 $255,000 $0
Total Assets $45,753,960 $43,279,432 $43,577,216 $42,582,305
Liabilities and Fund Balance
Current Liabilities $3,118,436 $2,415,130 $3,268,373 $3,389,332
Long-Term Liabilities, Primarily
Minority Interest $2,026,121 $1,780,963 $1,304,000 $1,161,625
Total Liabilities $5,144,557 $4,196,093 $4,572,373 $4,550,957
Fund Balance $40,609,403 $39,083,339 $39,004,843 $38,031,348
Total Liabilities & Fund Balance $45,753,960 $43,279,432 $43,577,216 $42,582,305
BROOKINGS HEALTH SYSTEM
Period Ending Date 12/31/2011 12/31/2010 12/31/2009 12/31/2008
Financial Statement
Inpatient Revenue $21,508,156 $18,611,021 $19,160,804 $17,931,818
Outpatient Revenue $36,078,826 $33,885,081 $30,578,235 $29,299,335
Gross Patient Revenue $57,586,982 $52,496,102 $49,739,039 $47,231,153
Contractual Discounts and Charity ($24,994,214) ($22,464,725) ($19,524,124) ($18,628,196)
Net Patient Revenues $32,592,768 $30,031,377 $30,214,915 $28,602,957
Other Revenue
$614,033 $602,912 $553,190 $529,116
(Brookhaven Estates, Cafeteria,
etc.)
Total Operating Expense ($31,719,055) ($30,377,017) ($29,827,107) ($27,743,482)
Operating Income $1,487,746 $257,272 $940,998 $1,388,591
Income from Investments, Grants
and Other $565,815 $154,059 $358,894 $651,506
Distribution to Joint Partners ($527,497) ($332,835) ($326,397) ($474,760)
Total Non-Patient Revenue $38,318 ($178,776) $32,497 $176,746
Net Income $1,526,064 $78,496 $973,495 $1,565,337
BROOKINGS HEALTH SYSTEM
$1,526,064
$78,496
$973,495
$1,565,337
$0
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
$1,400,000
$1,600,000
$1,800,000
FY 11 FY 10 FY 09 FY 08
Corporate Profit
FY 2011 - 2008
BROOKINGS HEALTH SYSTEM
1st Quarter Period Ending Date 03/31/2012 03/31/2011 03/31/2010 03/31/2009
Financial Statement
Inpatient Revenue $6,409,731 $5,706,129 $4,742,486 $5,015,385
Outpatient Revenue $11,308,293 $8,411,984 $8,045,397 $7,116,749
Gross Patient Revenue $17,718,024 $14,118,113 $12,787,883 $12,132,134
Contractual Discounts and
Charity ($8,201,101) ($5,516,402) ($4,873,902) ($4,248,657)
Net Patient Revenues $9,516,923 $8,601,711 $7,913,981 $7,883,477
Other Revenue
(Brookhaven Estates, Cafeteria,
etc.) $288,241 $157,675 $140,396 $126,236
Total Operating Expense ($8,959,159) ($7,991,802) ($7,807,618) ($7,489,787)
Operating Income $846,005 $767,584 $246,759 $519,926
Income from Investments, Grants,
and Other $92,076 $69,204 $110,434 $83,103
Distribution to Joint Partners ($171,546) ($132,045) ($102,703) ($77,906)
Total Non-Patient Revenue ($79,470) ($62,841) $7,731 $5,197
Net Income $766,535 $704,743 $254,490 $525,123
BROOKINGS HEALTH SYSTEM
$766,535
$704,743
$254,490
$525,123
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
$800,000
$900,000
CY 2012 CY 2011 CY 2010 CY 2009
1st Quarter Net Income
2012 - 2009
City of Brookings
May 8, 2012
18
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. Update Report on 7th Avenue South and 15th Street South.
Background:
A portion of 15th Street South between Main Avenue and Medary Avenue,
and a portion of 7th Avenue South between 12th Street South and
Remington Drive have not been constructed. Seventh Avenue South and
15th Street South are both designated as collector streets. Streets may be
constructed by adjacent property owners or owners may petition the City
to construct streets under an assessment project.
The City received a petition in 2009 from four property owners on 7th
Avenue South between 12th Street South and Remington Drive. City Staff
has explored the possibility of installing only 7th Avenue South from 12th
Street South to 15th Street South. Seventh Avenue South will require both
water main and sanitary sewer main. Upon investigation, it was determined
that the sanitary sewer main would need to be installed from the existing
manhole at 15th Street South and run to the north since the flows must run
south. The right of way in the future intersection of 15th Street South and
7th Avenue South had not been dedicated or platted. Therefore, the City
would not be able to proceed with the assessment request. The City
wrote a letter to the property owners who petitioned in 2009 describing
the project would not be able to proceed due to the right of way issue and
sanitary sewer connection.
In 2010, Mike Struck, Community Development Director, and Jackie
Lanning, City Engineer, met with representatives of the Thomas Costello
property, who owns the property on the west side of 7th Avenue. The
property owner was considering the construction of a new apartment
building and whether they would require the construction of the adjacent
streets. After a number of meetings, the property owners determined that
they would not proceed with the project at that time.
Conclusion:
There have been no changes on receiving the necessary right-of-way for the
intersection of 7th Avenue South and 15th Street South. The City could
City of Brookings
May 8, 2012
19
proceed with the assessment process at a later date when the remaining
right-of-way is platted or an easement obtained for the construction of the
water and sanitary sewer mains.
Until the necessary right-of-way is dedicated, it is not advisable to proceed
with any portion of this improvement. A temporary access to the
proposed dog park could be built on the 7th Avenue South right-of-way
until the street for 7th Avenue South is installed. Access also exists from
McClemans Park and Pheasant Run Road as well as the bike trail.
City of Brookings
May 8, 2012
21
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 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 of Brookings
May 8, 2012
22
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. 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
City of Brookings
May 8, 2012
23
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.
6. 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 of Brookings
May 8, 2012
24
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.
7. Review of Council Agenda, Invites and Obligations.
Date
Day Event &
Brief Description
Time Location / Town /
Address /
Directions
May 10 Thursday Spring Campus &
Community Forum 5:00 p.m. McCrory Gardens
Visitors Center
May 15 Tuesday
BHS New Skilled Nursing
Facility Groundbreaking
Ceremony
4:30 p.m. Brookview Manor
parking lot
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
October 23 Tuesday Council Meeting 5:00 p.m. Council Chambers
November 13 Tuesday Council Meeting 5:00 p.m. Council Chambers
November 27 –
December 1
Tuesday-
Saturday NLC – Congress of Cities Boston, MA
December 4 Tuesday Council Meeting 5:00 p.m. Council Chambers
December 6 Thursday Mayor’s Holiday Party 5:00 – 7:00 p.m. McCrory Gardens
Visitor Center
December 18 Tuesday Council Meeting 5:00 p.m. Council Chambers
25
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. 71-12, a Resolution declaring miscellaneous items surplus.
D. Action on Resolution No. 72-12, a Resolution declaring Fire Department equipment surplus.
E. Action on Resolution No 73-12, a Resolution authorizing an Application for Financial Assistance,
authorizing the execution and submittal of the application, and designating an authorized
representative to certify and sign payment requests.
F. Action to abate the 2012 drainage fees for Parcel No. 40610-00300-000-00 and 40610-00400-
001-00; Block 3, Thelen Addition.
G. Action to purchase an Automated Side Loading Refuse Box and Chassis off another
governmental agency bid.
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.
Contracts and Change Orders
8. Action on Resolution No. 74-12, a Resolution awarding the contract for the Swiftel Center Storage
Addition.
Action: Motion to Approve, Request Public Comment, Roll Call
First Readings
9. Ordinance No. 12-12, an Ordinance Amending the Zoning Ordinance of the city of Brookings and
pertaining to Land Use Classification Procedures for the purposes of Administration of the Zoning
Ordinance. Public Hearing: May 22, 2012
Second Readings / Public Hearings
10. 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
11. Public hearing and action on 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.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Other Business
12. The Opportunity for a Council Member to move to reconsider the vote from the April 24th Meeting
concerning approval of 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.
13. The Opportunity for a Council Member to move to reconsider the vote from the April 24th Meeting
concerning approval of an Video Lottery 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.
14. Adjourn.
City of Brookings
May 8, 2012
26
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. 71-12, a Resolution declaring
miscellaneous items surplus.
D. Action on Resolution No. 72-12, a Resolution declaring Fire
Department equipment surplus.
E. Action on Resolution No 73-12, a Resolution authorizing an
Application for Financial Assistance, authorizing the
execution and submittal of the application, and designating
an authorized representative to certify and sign payment
requests.
F. Action to abate the 2012 drainage fees for Parcel No. 40610-
00300-000-00 and 40610-00400-001-00; Block 3, Thelen
Addition.
G. Action to purchase an Automated Side Loading Refuse Box
and Chassis off another governmental agency bid.
*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
May 8, 2012
27
CONSENT AGENDA #4
B. Action to approve minutes.
The draft April 24th Brookings City Council minutes are enclosed for
Council review and approval.
City of Brookings
May 8, 2012
28
Brookings City Council
April 24, 2012 (unapproved)
The Brookings City Council held a meeting on Tuesday, April 24, 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, Keith Corbett, and Jael Thorpe. City Attorney Steve
Britzman, City Manager Jeff Weldon, and City Clerk Shari Thornes were also present.
Drainage Fees and Policy Discussion. Jackie Lanning, City Engineer, and Thad Drietz,
Assistant City Engineer.
Ex-Officio Reports. A motion was made by Reed, seconded by Corbett, to direct staff to
prepare a letter on behalf of the City Council expressing concern regarding the State of South
Dakota health care bundling payment system. All present voted yes; motion carried.
6:00 P.M. MEETING. Consent Agenda. The State of the City Message and Discussion on
the South Campus Neighborhood were rescheduled for June 12th. Ordinance No. 10-12 was
rescheduled for May 8th. A motion was made by Kubal, seconded by Niemeyer, to approve the
consent agenda as amended.
A. Action to approve the agenda as amended.
B. Action to approve the March 27th council minutes.
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.
City of Brookings
May 8, 2012
29
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.
D. Action to approve various volunteer appointments. Airport Board: reappoint Lynn
Riedesel (5/1/2012-5/1/2017). Brookings Committee for People who have Disabilities:
reappoint Sylvia Lozada as student representative (5/1/2012-5/1/2013). Human Rights
Committee: reappoint Anna Leisa Schuh as student representative (5/1/2012-5/1/2013).
Park & Recreation Board: appoint Will Bordewyk as High School Student Representative
(5/1/2012-5/1/2013), reappoint Brittany Kleinsasser as College Student Representative
(5/1/2012-5/1/2013), appoint Abigail Howard (5/1/2012-5/1/2015). Traffic Safety
Committee: appoint John Howard as citizen-at-large (5/1/2012-12/31/2013), and James
Weiss as industry representative (5/1/2012-12/31/2014). Utility Board: reappoint Steve
Myers (5/1/2012-5/1/2017).
E. Action to purchase an unmarked Police SUV vehicle off of State List Contract
for $31,549.00.
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.
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.
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.
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.
On the motion, all present voted yes; motion carried.
Automated Curbside Recycling Presentation. Todd Langland, Interim Director of Solid
Waste, gave a presentation on the curbside recycling program.
City of Brookings
May 8, 2012
30
Resolution No. 68-12. A motion was made by Kubal, seconded by Niemeyer, to approve
Resolution No. 68-12, a Resolution approving the Solid Waste Management Program Funding
Application Sponsorship. All present voted yes; motion carried.
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.
Resolution No. 57-12. A motion was made by McClemans, seconded by Kubal, to approve
Resolution No. 57-12, a Resolution awarding the contract for one (1) used Farm Tractor for
the Landfill. All present voted yes; motion carried.
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.
Resolution No. 58-12. A motion was made by Kubal, seconded by McClemans, to approve
Resolution No. 58-12, a Resolution awarding the contract for the East Fire Station Addition.
All present voted yes; motion carried.
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
City of Brookings
May 8, 2012
31
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.
Resolution No. 59-12. A motion was made by Corbett, seconded by Kubal, to approve
Resolution No. 59-12, a Resolution rejecting bids for the 32nd Avenue North Project. All
present voted yes; motion carried.
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.
Resolution No. 60-12. A motion was made by Kubal, seconded by Thorpe, to approve
Resolution No. 60-12, a Resolution authorizing the Mayor to sign an agreement with the South
Dakota Department of Transportation assistance with the Brookings Regional Airport Project
3-46-0005-25-2012. All present voted yes; motion carried.
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
City of Brookings
May 8, 2012
32
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.
Resolution No. 70-12. A motion was made by McClemans, seconded by Thorpe, to approve
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. All present voted yes; motion
carried.
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.
____________________________
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:
City of Brookings
May 8, 2012
33
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.
(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.
City of Brookings
May 8, 2012
34
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 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
City of Brookings
May 8, 2012
35
Agreement will be null and void. This contingency will be waived at the later
of the expiration date of any referendum period if there is no referendum, or
the date following the election canvassing if there is a referendum election,
and the purchase is approved at a referendum election. However, a
referendum decision by voters of the City which does not approve the
purchase will permit the City to terminate this Agreement.
(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
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.
City of Brookings
May 8, 2012
36
Resolution No. 61-12. A motion was made by Thorpe, seconded by Bezdichek, to approve
Resolution No. 61-12, a Resolution awarding the contract for the 2012-08STI Street
Maintenance and Overlay Project. All present voted yes; motion carried.
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.
Resolution No. 62-12. A motion was made by Niemeyer, seconded by Kubal, to approve
Resolution No. 62-12, a Resolution awarding the contract for the Street Department 2012
Double Drum Vibratory Steel Face Roller. All present voted yes; motion carried.
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.
Resolution No. 63-12. A motion was made by Kubal, seconded by Niemeyer, to approve
Resolution No. 63-12, a Resolution awarding contract for the Street Dept. 2012 Pneumatic
Rubber Tire Roller. All present voted yes; motion carried.
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.
City of Brookings
May 8, 2012
37
City/County Administration Building Change Orders. A motion was made by
Niemeyer, seconded by Kubal, to approve the following City/County Administration Building
Change Orders: 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 $1,100. 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. All present voted yes; motion carried.
Resolution No. 64-12. A motion was made by Kubal, seconded by McClemans, to approve
Resolution No. 64-12, a Resolution awarding the contract for the Police Dept. 2013 model year
mid to full-size sedan (Police Detective Vehicle). All present voted yes; motion carried.
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.
Resolution No. 65-12. A motion was made by Corbett, seconded by Kubal, to approve
Resolution No. 65-12, a Resolution awarding the contract for the Police Dept. for two (2) 2013
model year police vehicles. All present voted yes; motion carried.
City of Brookings
May 8, 2012
38
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 (did not meet specifications);
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 $24,900.00 each.
First Reading - Ordinance No. 11-12. A first reading was held on 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 8, 2012.
Ordinance No. 07-12. A public hearing 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 of the City of Brookings, SD. No
public comment. A motion was made by Corbett, seconded by Kubal, to approve Ordinance
No. 07-12. All present voted yes; motion carried.
Ordinance No. 08-12. A public hearing 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). No public comment. A motion was made by Kubal,
seconded by Thorpe, to approve Ordinance No. 08-12. All present voted yes; motion carried.
Ordinance No. 09-12. A public hearing 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.). No public comment. A motion was
made by Niemeyer, seconded by McClemans, to approve Ordinance No. 09-12. All present
voted yes; motion carried.
Council Member McClemans recused himself from the dais.
City of Brookings
May 8, 2012
39
On-Off Malt Beverage License – The Depot. A public hearing was held 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, SD, Lot 7, Block 13,
McClemans Addition. Public hearing: Larry Klingbile, Marla Muxen, Emilie Portz, and Joy
Bretsch spoke in opposition. A motion was made by Bezdichek, seconded by Corbett, to
approve. Bezdichek, Corbett, Reed and Thorpe voted yes; Kubal and Niemeyer voted no;
motion carried.
Video Lottery License – The Depot. A public hearing was held 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, SD, Lot 7, Block 13,
McClemans Addition. No public comment. A motion was made by Bezdichek, seconded by
Thorpe, to approve. Bezdichek, Corbett, Reed, Niemeyer and Thorpe voted yes; Kubal voted
no; motion carried.
Resolution No. 66-12. A motion was made by Corbett, seconded by Kubal, to approve
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). All
present voted yes; motion carried.
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,
City of Brookings
May 8, 2012
40
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.
“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.
City of Brookings
May 8, 2012
41
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.
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
City of Brookings
May 8, 2012
42
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.
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
City of Brookings
May 8, 2012
43
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:
(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.
City of Brookings
May 8, 2012
44
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.
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.
City of Brookings
May 8, 2012
45
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.
(Council Member McClemans returned to the dais.)
Resolution No. 67-12. A motion was made by Corbett, seconded by Niemeyer, to approve
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). All present
voted yes; motion carried.
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
City of Brookings
May 8, 2012
46
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.
“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,
City of Brookings
May 8, 2012
47
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 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-
City of Brookings
May 8, 2012
48
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.
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.
City of Brookings
May 8, 2012
49
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.
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.
City of Brookings
May 8, 2012
50
(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.
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.
City of Brookings
May 8, 2012
51
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.
Resolution No. 69-12. A motion was made by Bezdichek, seconded by McClemans, to approve
Resolution No. 69-12, a Resolution Revising Compensation for the Mayor and City Council
Members of the City of Brookings. All present voted yes; motion carried.
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.
City of Brookings
May 8, 2012
52
Adjourn. A motion was made by Corbett, seconded by Kubal, to adjourn. All present voted
yes; motion carried. Meeting adjourned at 8:00 p.m.
CITY OF BROOKINGS
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
City of Brookings
May 8, 2012
53
CONSENT AGENDA #4
C. Action on Resolution No. 71-12, a Resolution declaring
miscellaneous items surplus.
City Council action is required to declare items as surplus for disposal
when they are no longer necessary or useful for city purposes. The
following is a list of items from City General for disposal.
Resolution No. 71-12
Appraising and Authorizing Sale of Surplus Property
Whereas, the City of Brookings has surplus items which are no longer necessary or useful for
City purposes, and it is the desire of the City to dispose of same as surplus property;
Now, Therefore, Be It Resolved, that the attached listed property be declared surplus by the
City Council.
Passed and approved this 8th day of May, 2012.
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City of Brookings
May 8, 2012
54
LIQUOR STORE: #601-0073 Copier, #6010080 Credit Card Keyboards, #601-0075
Scanner, #601-0071 Compaq Computer, #601-0076 Register Server Computer, #601-0077
Security System, #601-0056 Sharp Copier, #601-0057 Scanner, #601-0072 Register Server
Computer, #601-0068 Cash Registers
PARKS & RECREATION: 4 computer monitors, 1 computer tower, 2 credit card
machines, 1 cash register, 1 laserjet printer, 1 safe, Numerous chairs (office, others), 1
projector, 1 blueprint table, 3 ping-pong tables, 5 lockers, Radios/electronics, Lockers, Filing
cabinets, 2 typewriters, Assorted blueprint cabinets, Gatorade cooler, Tons of other office
equipment/furnishings, magazines, scraps, etc.
IT/FINANCE: HP Laserjet 1200, HP Color Laserjet 3600dn, White Box PC PC001, HP PSC
1610 AiO Printer, Gateway GP6-233 PC, Gateway 2000 Monitor, AT&T Monitor, HP Deskjet
6122 Printer, 6 Pairgain Boxes, HP Laserjet 1160 Printer, HP Business Inkjet 1100, HP OfficeJet
6310v Printer, Orinoco WaveLAN Access Point, Compact dx2000mt SN: 2UA5020Q5P,
Compact dx2200mt SN: MXL6370B7X, Compact dx2200mt SN: MXL6370B6Z, HP
DC5100MT Desktop SN: 2UB54206LD, HP Photosmart C4680 Printer, HP DX2000 SN:
USU4390GWP, HP DX2000 SN: 2UA50401DN, HP Pavilion DV9000 Laptop SN:
CNF652154W, Compaq Armada Laptop SN: 1J032CZQ6890G, Compaq Armada Laptop SN:
1J18FTBZL02Y, HP PSC 2J10 Photoshop AiO printer, HP Laptop Antec Docking Station, HP
Laptop Antec Docking Station, Brother MFC 420CN Printer, HP Deskjet 5440 Printer, HP
Deskjet 5650 Printer, HP DX2000 SN: 2UA5020Q5N, BC PRO UPS, HP 15” LCD Monitor, HP
15” LCD Monitor, HP Monitor Stand, AOC 17” Monitor, HP 15” LCD Monitor, HP Deskjet
1120C Printer, 3 Ergonomic White Keyboard, Black HP Straight Keyboards, Black HP Straight
Keyboards
ENGINEERING: HP Scanjet Scanner 3500c
LIBRARY: 15 Gateway computers, 5 Gateway monitors, 1 HP monitor, 6 power supplies, 4
keyboards, 6 computer mice, 2 switches, 2 wireless routers, 1 paper shredder, 1 microwave,
Miscellaneous children’s toys, 3 Clocks
City of Brookings
May 8, 2012
55
CONSENT AGENDA #4
D. Action on Resolution No. 72-12, a Resolution declaring Fire
Department equipment surplus.
TO: City Manager, Mayor & City Council Members
FROM: Darrell Hartmann, Brookings Fire Chief
RE: Request Surplus Property
I would like to request that you allow the Brookings Fire/Street
Department to surplus:
Utility 1 - Fixed Asset # 101-0075
1988 Ford F350, VIN #2FDKF38G1JCA69537
We have replaced the above unit with a new model and I am requesting the
City of Brookings surplus this unit so as to move forward with the sale of
the above unit.
Resolution No. 72-12
Declaring Surplus Property
Whereas, the City of Brookings is the owner of the following described equipment formerly
used at the City of Brookings Fire Department: Utility 1 – Fixed Asset #101-0075, 1988 Ford
F350, VIN #2FDKF38G1JCA69537.
Whereas, in the best financial interest, it is the desire of the City of Brookings to sell same as
surplus property;
Whereas, the City Manager hereby authorized to appoint three qualified appraisers to appraise
the value of the property;
Now, Therefore, Be It Resolved by the governing body of the City of Brookings, South Dakota,
that this property be declared surplus property according to SDCL Chapter 6-13.
Passed and approved this 8th day of May, 2012.
City of Brookings
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
City of Brookings
May 8, 2012
56
CONSENT AGENDA #4
E. Action on Resolution No 73-12, a Resolution authorizing an
Application for Financial Assistance, authorizing the execution
and submittal of the application, and designating an authorized
representative to certify and sign payment requests.
The City of Brookings is seeking funding through the South Dakota
Department of Natural Resources (SDDENR) to help fund the Wastewater
Pretreatment System Construction in the Foster Addition. This project
includes the pretreatment equipment which is necessary for the Bel Brands
USA Project. The City of Brookings created Tax Increment District No. 6
to assist with funding for this project. This project has been placed on the
State Water Plan, which will make it eligible for grant funding. This
resolution will authorize the City Manager to sign and submit the funding
application to the SDDENR for this project so it is eligible for other grant
funds.
City of Brookings
May 8, 2012
57
Resolution No. 73-12
Resolution Authorizing an Application for Financial Assistance, Authorizing the
Execution and Submittal of the Application and Designating an Authorized
Representative to Certify and Sign Payment (Wastewater Pretreatment System
Construction in Foster Addition)
WHEREAS, the City of Brookings (the “City”) has determined it is necessary to proceed with
improvements to its Sanitary Sewer System, including but not limited to the Wastewater
Pretreatment System Construction (the “Project”);
WHEREAS, the City has determined 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”) will be prepared; 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 the submission of an Application for financial assistance in an
amount not to exceed $5,600,000 to the South Dakota Board of Water and Natural Resources
for the Project.
2. The City Manager 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 for financial assistance.
3. The City Manager 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.
Adopted at Brookings, South Dakota, this 8th day of May, 2012.
CITY OF BROOKINGS
___________________________
(Seal) Tim Reed, Mayor
ATTEST:
______________________________
Shari Thornes, City Clerk
City of Brookings
May 8, 2012
58
CONSENT AGENDA #4
F. Action to abate the 2012 drainage fees for Parcel No. 40610-
00300-000-00 and 40610-00400-001-00; Block 3, Thelen Addition.
The City Engineer received a request from Brian VanLiere, owner of A & B
Rental, LLC, requesting a special site study for his property in the Thelen
Addition, Blocks 3 and 4. City ordinance dictates the method of calculating
the drainage fee for a property, which is: the square footage of the lot x
runoff weighting factor x unit financial charge. The ordinance allows a
person to request a site study to calculate the fee. This alternate method
of calculation takes into consideration of the actual impervious area which
correlates to an actual runoff weighting factor.
For Block 3, Thelen Addition, Parcel No. 40610-00300-000-00, the
impervious area is only 58% of the total lot area, thus reducing the drainage
fee as follows:
2012 drainage fee charged: $1,227.64
2012 drainage fee recalculated: $1,057.93
Amount to be abated: $ 169.71
For Lot 1, Block 4, Thelen Addition, Parcel No. 40610-00400-001-00, the
impervious area is only 14% of the total lot area, thus reducing the drainage
fee as follows:
2012 drainage fee charged: $696.86
2012 drainage fee recalculated: $228.56
Amount to be abated: $468.30
The motion shall be to abate $169.71 from Parcel No. 40610-00300-000-00
and to abate $468.30 from Parcel No. 40610-00400-001-00.
The drainage fee for Parcel No. 40610-00300-000-00 will be abated by
Brookings County. The drainage fee for Parcel No. 40610-00400-001-00
will be refunded by the City of Brookings since the abatement amount is
higher than the second half of the taxes owed at the County.
City of Brookings
May 8, 2012
59
CONSENT AGENDA #4
G. Action to purchase an Automated Side Loading Refuse Box and
Chassis off another governmental agency bid.
TO: City Manager, Mayor and City Council Members
FROM: Todd Langland, Director of Solid Waste
RE: Automated Garbage Truck
The bids were opened on March 26th, 2012 for a new automated Garbage
truck by the City of Spearfish, SD. Sanitation Products was low bidder in
the amount of $231,022.00. The City of Brookings Solid Waste Collection
Department is scheduled to replace their garbage truck in 2012 based on
the Capital Improvement Plan. I would recommend the City of Brookings
purchase off of this bid for the truck from Sanitation Products in the
amount of $231,022.00.
The automated truck purchased in 2011 was priced at $235,000.00, which
means this bid is less than from the previous year.
City of Brookings
May 8, 2012
60
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
May 8, 2012
61
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 – Mike McNalley
Finance Chair – Ben Ruggeberg
State & Local Chair – Jameson Goetz
SDSU Senate Website: http://www.sdstatesa.com/#!
City of Brookings
May 8, 2012
62
Contracts and Change Orders
8. Action on Resolution No. 74-12, a Resolution awarding the
contract for the Swiftel Center Storage Addition.
TO: Brookings City Council
FROM: Tom Richter, Executive Director, Swiftel Center
RE: Swiftel Center Storage Addition
The Swiftel Center received four bids for the “Storage Addition.”
Daniels Residential, Inc., Tea, SD: Base Bid: $298,250.00
Alternate #1: $ 12,690.00
Dallas I. Hanson Const., Inc., Ortonville, MN: Base Bid: $312,800.00
Alternate #1 $ 24,000.00
Waltz Construction, Inc., Brookings, SD: Base Bid: $314,000.00
Alternate #1 $ 18,700.00
Clark Drew Const., Inc., Brookings, SD: Base Bid: $318,000.00
Alternate #1: $ 22,300.00
The low bid from Daniels Residential, Inc. with a base bid of $298,250.00 plus alternate
#1 for the precast panels of $12,690.00 totals $310,940.00. This bid is approximately
7% more than the architect’s estimate. The construction costs and architectural fees
total $332,840.00, in addition to a contingency of $15,860.00. The current expenses for
this project total $348,700.00. The original budget was $300,000.00. Because we had
savings of $25,900.00 from other capital projects and by delaying another capital project
of $25,000.00, a hoop building, will allow us to complete this project on budget. The
recommendation is to award the contract to the low bidder, Daniels Residential, Inc. of
Tea, SD.
Resolution No. 74-12
Resolution Awarding Bids for the Swiftel Center Storage Addition
Whereas, the City of Brookings opened bids for the Swiftel Center Storage Addition 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 the Swiftel Center Storage Addition
Project: Daniels Residential, Inc., Tea, SD: $310,940.00, Alternate #1 $12,690.00; Dallas I Hanson, Inc.,
Ortonville, MN: $336,800.00, Alternate #1 $24,000.00; Waltz Construction, Inc., Brookings, SD:
$332,700.00, Alternate #1 $18,700.00; Clark Drew Construction, Inc., Brookings, SD: $340,300.00,
Alternate #1 $22,300.
Now Therefore, Be It Resolved that the low bid of Daniels Residential, Inc. for $310,490.00 be accepted.
Passed and approved this 8th day of May, 2012. CITY OF BROOKINGS
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
BID TAB
Swiftel Center Storage Addition
BID LETTING: Tuesday, April 17, 2012
CITY HALL 1:30 P.M.Clark Drew Construction, Inc.Brookings, SDDallas I Hanson Construction, Inc.Ortinville, MNWaltz Construction, Inc.Brookings, SDDaniels Residential, Inc.Tea, SDARCHITECTS'S ESTIMATEBID BOND/CASHIERS' CHECK
BASE BID $255,500
ALTERNATE #1
Pre-cast Panels
ALTERNATE #2
Outdoor Electrical Panel
Bid Bond
12,690.00$
Bid BondBid Bond Bid Bond
$ 318,000.00 312,800.00$ $314,000.00 298,250.00$
22,300.00$ 24,000.00$ 18,700.00$
4,950.00$ 6,400.00$ 7,700.00$ 7,700.00$
City of Brookings
May 8, 2012
64
First Reading **
9. Ordinance No. 12-12, an Ordinance Amending the Zoning
Ordinance of the city of Brookings and pertaining to Land Use
Classification Procedures for the purposes of Administration of
the Zoning Ordinance.
Public Hearing: May 22, 2012
**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.
Proposal: Establish an option for posting signs on large land areas.
Background: Local public notification procedures for rezonings involve
three steps. State law only requires legal notice in the local newspaper at
least the (10) days prior to a public hearing. The city, in contrast, also
informs neighbors with a courtesy letter and requires, by ordinance, the
posting of a zoning notice on each property to be rezoned.
Specifics: The amendments would make it more manageable and cost less
to post large areas that were under consideration for a rezoning. As long as
the city continues to mail courtesy letters regarding public hearings,
interested parties are informed.
Recommendation: The Planning Commission voted 7 yes and 0 no to
recommend approval of the amendments.
City of Brookings
May 8, 2012
65
Ordinance No. 12-12
An ordinance amending the zoning ordinance of the City of Brookings and
pertaining to land use classification procedures 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
Section 94-7. Amendments
(d) Planning Commission Hearing.
(1) Application; setting of dates; notice. Upon the filing of an application for a request of
zoning district classification change with the Zoning Officer, accompanied by the deposit in
the manner prescribed in Chapter 66 of this Code, the Zoning Officer shall set a date for
public hearing. The date for a public hearing shall be a day when the Planning Commission
is regularly scheduled to meet, as determined by the rules, policies and regulations adopted
by the Planning Commission. Public notice for this meeting and changes to be considered
shall be given once at least ten days in advance by publication in a legal newspaper of the
municipality. Any interested person shall be given a full, fair, and complete opportunity to
be heard at the hearing.
(2) Signs to be posted. Signs indicating the date, time, and location of the public hearing
shall be posted on the property for a continuous period of seven (7) days immediately
prior to any public hearing held by the Planning Commission to consider any rezoning
application. Said signs shall be furnished by the city and posted by the applicant in the
numbers and locations prescribed by the Zoning Administrator Officer. Signs may also
be posted by the Zoning Administrator or his designee.
Exception: If the land requested to be rezoned contains multiple owners who
own property within a block, or group of contiguous blocks, signs may be
posted at the intersection corner of each block.
Section 2. Any or all ordinances in conflict herewith are hereby repealed.
First Reading: May 8, 2012
Second Reading: May 22, 2012
Published:
CITY OF BROOKINGS, SD
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City of Brookings
May 8, 2012
66
Second Readings / Public Hearings
10. 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
May 8, 2012
67
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: May 8, 2012
Published: May 11, 2012
CITY OF BROOKINGS, SD
___________________________________
Tim Reed, Mayor
ATTEST:
________________________
Shari Thornes, City Clerk
City of Brookings
May 8, 2012
68
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
May 8, 2012
69
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
May 8, 2012
70
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
May 8, 2012
71
(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
May 8, 2012
72
Second Readings / Public Hearings
11. Public hearing and action on 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.
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
May 8, 2012
73
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
May 8, 2012
74
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: May 8, 2012
Published: May 11, 2012
CITY OF BROOKINGS
___________________________________
ATTEST: Tim Reed, Mayor
________________________
Shari Thornes, City Clerk
City of Brookings
May 8, 2012
75
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
May 8, 2012
76
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
May 8, 2012
79
NOTICE OF PUBLIC HEARING
On-Off Sale Malt – The Depot
NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of Brookings,
South Dakota, on April 24, 2012, at 6:00 p.m. in the City Council Chambers, 311 Third Avenue,
City of Brookings, will meet in regular session to consider an application for an On-Off Sale
Malt License for The Depot, Kathy McClemans, Robb McClemans and Elizabeth McClemans-
Novak, owners, 919 20th St. So., Brookings, South Dakota, legal description: Lot 7, Block 13,
McClemans Addition. At which time and place all persons interested will be given a full, fair and
complete hearing thereon.
Dated at Brookings, South Dakota, this 13th day of April, 2012.
Shari Thornes, City Clerk
Published in the Brookings Register one time on April 13th.
City of Brookings
May 8, 2012
82
Other Business
14. Adjourn