HomeMy WebLinkAbout2012_10_09 CC PKT1
Brookings City Council
Tuesday, October 9, 2012
6:00 p.m. Regular Meeting
Brookings City & County Government Center
Chambers - Room 310 - 520 Third Street
The City of Brookings is committed to providing a high quality of life for its citizens and fostering
a diverse economic base through innovative thinking, strategic planning, and proactive, fiscally
responsible municipal management.
6:00 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 various volunteer appointments.
D. Action to cancel the October 16th Council Study Session.
E. Action on Resolution No. 137-12, a Resolution declaring surplus Property; 1997
Dodge Grand Caravan.
F. Action on Resolution No. 138-12, a Resolution concurring in the placement of Stop
Signs at the intersection of Daktronics Drive and Prince Drive.
Action: Motion to Approve, Request Public Comment, Roll Call
5. Items removed from Consent Agenda.
Motion to Approve, Request Public Comment, Roll Call
*Matters appearing on the Consent Agenda are expected to be non-controversial and will be acted upon by the
Council at one time, without discussion, unless a member of the Council or City Manager requests an opportunity to
address any given item. Items removed from the Consent Agenda will be discussed at the beginning of the formal
items. Approval by the Council of the Consent Agenda items means that the recommendation of the City Manager
is approved along with the terms and conditions described in the agenda supporting documentation.
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Open Forum/Presentations/Reports
6. Open Forum.
7. SDSU Student Senate Report.
Contracts & Change Orders
8. Action on Resolution No. 139-12, a Resolution awarding snow removal contracts.
Action: Motion to Approve, Request Public Comment, Roll Call
9. Action on Resolution No. 140-12, a Resolution awarding contracts for 2012-01 Gateway
Project; pedestrian, pathway, lighting, and landscaping.
Action: Motion to Approve, Request Public Comment, Roll Call
10. Action on Resolution No. 141-12, a Resolution authorizing Change Order No. 1 (CCO#1
Final) for 2012-03SSI Nelson 5th Addition Detention Pond Project (over $5,000).
Action: Motion to Approve, Request Public Comment, Roll Call
First Readings**
**No vote is taken on the first reading of an Ordinance. The title of the Ordinance is read and
the date for the public hearing is announced.
Second Readings & Public Hearings
11. Public hearing and action on an On-Off Sale Malt Beverage License for Rian Corp., dba
Italian Garden, Kharul Hogue, owner, 1300 Main Avenue South, Brookings, South
Dakota, legal description: Lot 1, excluding the S 92’ of W 40’ Block 3, Fishback Second
Addition.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
12. Public hearing and action on Resolution No. 142-12, a Resolution authorizing the City
Manager to enter into an Operating Agreement for an On-Off Sale Wine License for Rian
Corp., dba Italian Garden, Kharul Hogue, owner, 1300 Main Avenue South, Brookings,
South Dakota, legal description: Lot 1, excluding the S 92’ of W 40’ Block 3, Fishback
Second Addition.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
13. Public hearing and action on Ordinance No. 24-12, an Ordinance rezoning the east 25
feet of Lots 4 and 5, Block 1, Original Plat Addition from a Business B-3 District to a
Business B-1 District (426 3rd Street-southwest corner of 3rd St. and 5th Ave.)
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
14. Public hearing and action on Ordinance No. 25-12, an Ordinance amending the Zoning
Ordinance pertaining to the Conditional Use Permit process.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
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Other Business
15. City Council member introduction of topics for future discussion. *
* Any Council Member may request discussion of any issue at a future meeting only. Items cannot be
added for action at this meeting. A motion and second is required stating the issue, requested outcome,
and time. A majority vote is required.
16. Adjourn.
Brookings City Council
Tim Reed, Mayor, Keith Corbett, Deputy Mayor & Council Member
Council Members Tom Bezdichek, Jael Thorpe, John Kubal, Mike McClemans, 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
Assisted Listening Systems (ALS) are available upon request. Please contact Shari Thornes, Brookings City Clerk, at
(605)692-6281 or sthornes@cityofbrookings.org . If you require additional assistance, alternative formats, and/or
accessible locations consistent with the Americans with Disabilities Act, please contact Shari Thornes, City ADA
Coordinator, at (605)692-6281 at least three working days prior to the meeting.
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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 various volunteer appointments.
D. Action to cancel the October 16th Council Study Session.
E. Action on Resolution No. 137-12, a Resolution declaring surplus
Property; 1997 Dodge Grand Caravan.
F. Action on Resolution No. 138-12, a Resolution concurring in the
placement of Stop Signs at the intersection of Daktronics Drive and
Prince Drive.
*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
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CONSENT AGENDA #4
B. Action to approve minutes.
The draft September 25th Brookings City Council minutes are enclosed for Council
review and approval.
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Brookings City Council
September 25, 2012 (unapproved)
The Brookings City Council held a meeting on Tuesday, September 25, 2012 at 6:00 p.m., at City
Hall with the following members present: Mayor Tim Reed, Council Members Jael Thorpe, John
Kubal, Mike McClemans, Tom Bezdichek, Ope Niemeyer and Keith Corbett. City Attorney Steve
Britzman, City Manager Jeff Weldon and Deputy City Clerk Bonnie Foster were also present.
Consent Agenda. Mayor Reed added Agenda Item #8A, Council Member introduction of topics
for future discussion, to the agenda. A motion was made by Kubal, seconded by Corbett, to
approve the consent agenda.
a. Action to approve the agenda as amended.
b. Action to approve September 11th and September 18th Council meeting minutes.
c. Action on Resolution No. 130-12, a Resolution authorizing the Mayor to sign a pass-
through CDBG/HUD Grant application on behalf of the Boys and Girls Club requesting up
to $515,000.
Resolution No. 130-12 - Resolution Authorizing Mayor to Sign
a pass-through CDBG/HUD Grant Application
Whereas, the City of Brookings has identified the need to expand the Boy’s and Girl’s Club
facility, and
Whereas, the City of Brookings proposes to assist the Boy’s and Girl’s Club in the
completion of the existing Boy’s and Girl’s Club facility, and
Whereas, the City of Brookings is eligible for Federal assistance for the proposed project,
and
Whereas, the City of Brookings has held the required public hearing on Tuesday, September
25, 2012, at 6:00 p.m., and
Whereas, with the submission of the CDBG/HUD Grant Application the City of Brookings
assures and certifies that all CDBG/HUD program requirements will be fulfilled, and
Therefore, Be It Resolved that the City of Brookings duly authorizes the Mayor of the City of
Brookings to sign and submit the CDBG/HUD Grant Application requesting up to $515,000
of funds.
This resolution is effective immediately upon passage.
d. Action on Resolution No. 131-12, a Resolution designating the Mayor as the certifying
officer and environmental certifying officer for signing documents for a CDBG/HUD Grant
on behalf of the Boys and Girls Club.
Resolution No. 131-12 - Resolution designating the Mayor as a Certifying Officer and
Environmental Certifying Officer for signing documents for a CDBG/HUD Grant
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Whereas, the City of Brookings expects to be the recipient of a Community Development
Block Grant from the U.S. Department of Housing and Urban Development as administered
by the State of South Dakota, and;
Whereas, the City of Brookings is required to designate a certifying officer for the purpose
of signing required documents pertaining to this grant;
Now, Therefore Be It Resolved, that the Mayor of the City of Brookings be hereby designated
as the City’s official for the purpose of signing CDBG/HUD agreements, contracts,
correspondence, pay requests, and other required documents; and.
Whereas, the City of Brookings is required to designate an environmental certifying officer for
the purpose of signing required environmental documents pertaining to this grant;
And Be It Further Resolved, that the Mayor of the City of Brookings be hereby designated as
the City’s environmental certifying officer for the purpose of signing environmental
correspondence and other required documents and forms.
This resolution is effective immediately upon passage.
e. Action on a City & County Government Center Change Order: COR#062 - Clark Drew
Construction, Inc. for a credit of $1,000, to Kenneth Janning & Sons, Inc. for a credit of
$2,130 and to Midwest Glass for $5,130 for a total of $2,000 to replace a section of the
center stair railings.
f. Action on Resolution No. 132-12, a Resolution for South Dakota Federal Aid Construction
Project Number P-PH 0014(172)418 PCN 01TJ, Highway 14, west of Western Avenue to
Main Avenue.
Resolution No. 132-12 - A Resolution for South Dakota Federal Aid Construction Project
Number P-PH 0014(172)418 PCN 01TJ; Highway 14 from west of Western Avenue to Main
Avenue, Brookings, SD
Whereas, the Brookings City Council desires the construction improvement of Highway 14
from west of Western Avenue to Main Avenue, and
Whereas, the City of Brookings is obligated and hereby agrees to provide proper
maintenance as required by the Financial Agreement between the Department of
Transportation and the City of Brookings, and
Whereas, the City of Brookings is obligated and hereby agrees to the provisions outlined in
the Financial Agreement between the Department of Transportation and the City of
Brookings.
Now, Therefore Be It Resolved, that the Mayor is hereby authorized to sign the State of
South Dakota Joint Powers Financial Agreement between the Department of Transportation
and the City of Brookings for South Dakota Federal Aid Construction Project Number P-PH
0014(172)418 PCN 01JT.
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g. Action on Resolution No. 133-12, a Resolution amending the fine for violations of the
Ordinances of the City of Brookings, South Dakota pertaining to failure to remove snow
from sidewalks.
Resolution No. 133-12 - A Resolution setting forth a schedule of proposed fines for
violations of the Ordinances of the City of Brookings, South Dakota.
Be It Resolved by the Governing Body of the City of Brookings, South Dakota, that the
following Schedule of Proposed Fines shall be effective as prescribed by law for all violations
of Ordinances set forth herein.
SCHEDULE OF PROPOSED FINES WITH COURT COSTS
Section Offense Fine Costs Total
Miscellaneous Offenses
74-211 Failure to Remove Snow from Sidewalk 20.00 60.00 80.00
h. Action on Resolution No. 134-12, a Resolution Authorizing Change Order No. 1 (CCO#1)
for 2012-04SSI, Pheasant Nest Detention Pond Project.
Resolution No. 134-12 - Resolution Authorizing Change Order No. 1 (CCO#1) for
2012-04SSI, Pheasant Nest Detention Pond Project
Be It Resolved by the City Council that the following change order be allowed for 2012-
04SSI, Pheasant Nest Detention Pond Project: Construction Change Order Number 1:
Adjust contract for the addition of sod and landscape rock for a total increase of $1,512.50
to the contract.
On the motion, all present voted yes; motion carried.
Added Item #8A – Council Member introduction of topics for future discussion. No topics
were mentioned.
Resolution No. 135-12. A motion was made by Kubal, seconded by Corbett, to approve
Resolution No. 135-12, a Resolution awarding contract for the Airport Project. No public
comment. All present voted yes; motion carried.
Resolution No. 135-12 - Resolution Awarding Bids for Brookings Runway Re-alignment
(Phase I) Project AIP # 3-46-0005-025-2012
Whereas, the City of Brookings opened bids for the Brookings Runway Re-alignment (Phase I)
Project, AIP #3-46-0005-025-2012 on Tuesday, September 18, 2012 at 1:30 pm at Brookings City
& County Government Center; and
Whereas, the City of Brookings has received the following bids for the Brookings Runway Re-
alignment (Phase I) Project, AIP #3-46-0005-025-2012: Loiseau Construction, Inc. of Flandreau,
SD: $4,757,008.82; Bowes Construction Inc. of Brookings, SD: $5,042,744.51 and Midland
Contracting, Inc. of Huron, SD: $5,589,749.79.
Now Therefore, Be It Resolved that the tentative award for the project be made to the low bid
of Loiseau Construction, Inc. for $4,757,008.82, contingent upon receipt of the FAA grant offer,
review of the Disadvantage Business Enterprise (DBE) good faith effort and DENR approval.
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First Reading – Ordinance No. 24-12. A first reading was held on Ordinance No. 24-12, an
Ordinance rezoning the east 25 feet of Lots 4 and 5, Block 1, Original Plat Addition from a
Business B-3 District to a Business B-1 District (426 3rd Street – southwest corner of 3rd St. and
5th Ave.). Public Hearing: October 9, 2012.
First Reading – Ordinance No. 25-12. A first reading was held on Ordinance No. 25-12, an
Ordinance amending the Zoning Ordinance pertaining to the Conditional Use Permit process.
Public Hearing: October 9, 2012.
Temporary Liquor Application. A public hearing was held on a temporary liquor application
from Ray’s Corner & ABATE Club for “Biketoberfest” on October 13, 2012 in the 300 block of 4th
Street. No public comment. A motion was made by Corbett, seconded by Niemeyer, to
approve. All present voted yes; motion carried.
Ordinance No. 23-12. A public hearing was held on Ordinance No. 23-12, an Ordinance
appropriating Monies to Fund the necessary expenditures and liabilities of the City of Brookings
for the 2013 Fiscal Year and providing for the annual tax levy and annual tax for all funds. A
motion was made by Corbett, seconded by Thorpe, to approve. All present voted yes; motion
carried.
2014-2017 Capital Improvement Plan. A motion was made by Thorpe, seconded by
McClemans, to approve the 2014-2017 Capital Improvement Plan for the City of Brookings. No
public comment. All present voted yes; motion carried.
Memorandum of Understanding. A motion was made by Thorpe, seconded by Corbett, to
approve a Memorandum of Understanding between the City of Brookings and Hegg Companies,
Inc. and Prairieland Partners. Public Comment: Dan Park. All present voted yes; motion
carried.
MEMORANDUM OF UNDERSTANDING
BY AND BETWEEN
Party of the First Part: City of Brookings, South Dakota (CITY)
Party of the Second Part: Hegg Companies, Inc. and Prairieland Partners (DEVELOPER)
WHEREAS, the City is desirous of increasing tourism and visitor commerce through a targeted
strategy of increasing lodging options for visitors to the community, and
WHEREAS, the City recognizes that tourism and visitor promotion are specific components of a
comprehensive economic development strategy, and
WHEREAS, the City had made, and will continue to make significant annual financial
investments in many facets of tourism and visitor promotion toward the overall goal of
generating revenue for the public and private sectors of the community’s economy, and
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WHEREAS, the City recognizes the quality and quantity of lodging accommodations must keep
pace with the growth in tourism-related events for the continued support of such events, and
that these two market-force considerations for supply and demand must be kept in balance,
and
WHEREAS, the City wishes to promote more lodging accommodations if the demand warrants,
and
WHEREAS, the City solicited proposals from interested parties for creative public-private
partnerships that would result in the development of an upscale hotel for the City to address
this issue, and
WHEREAS, this solicitation process yielded one (1) response from the Hegg Companies,
Incorporated and Prairieland Partners, as a joint venture, and
WHEREAS, the Developer has determined the Brookings market to be suitable for a private
investment of a hotel and expanded conference and meeting facilities, and
WHEREAS, the City has determined the proposal, as submitted, met the requirements of the
Request for Qualifications and Proposal (RFQP); and that the proposal merits further
consideration subject to negotiations for an ultimately mutually-beneficial public-private
partnership that meets the economic development goals of both parties.
THEREFORE, it is hereby agreed by both parties to the terms and conditions of this
Memorandum of Understanding as stated in the following sections.
SECTION 1: Purpose
The purpose of this Memorandum of Understanding shall be to prescribe overall goals and a
conceptual framework of the comprehensive terms and conditions that would eventually lead
to a mutually-beneficial economic development partnership between the parties. The
Memorandum of Understanding shall be used as a planning tool to facilitate further
negotiations and prescribe the necessary details eventually leading to a Development
Agreement, or contract, between the parties.
This Memorandum of Understanding shall further identify common goals and responsibilities.
It does not legally bind either party but represents a good faith effort by both parties to
negotiate and work diligently to achieve a mutually-favorable outcome. It further seeks to
identify and clarify certain terms, conditions, responsibilities, procedures, and resources, with
the goal to eventually finalize negotiations and complete the Development Agreement which
will become legally binding upon both parties.
SECTION 2: Project Description
2-1: Generally: DEVELOPER proposes to simultaneously construct a hotel and
convention/conference center adjacent to, and easterly of, the Swiftel Center (Blocks 5 and 6,
Wiese Addition). The hotel shall be in the range of 80-100 guest rooms and shall carry the
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franchise label of either Courtyard by Marriott, Hilton Garden Inn, or similar quality branded
property. The hotel will have a restaurant with bar/lounge, fitness center, business center, and
aquatic center. The conference center schematic design may consider the proposals suggested
by the proposed conference center schematic design as described in the VenuWorks consultant
study (2008) and the HVS consultant study (2008) which were contracted on behalf of the CITY;
as well as other schematic alternatives deemed necessary for consideration by the parties.
2-2: Lease-back arrangement of conference center: DEVELOPER proposes to lease the
conference center to the CITY upon completion of construction; and the CITY shall operate the
conference center in conjunction with the Swiftel Center as one, seamless contract through
VenuWorks. The DEVELOPER further retains ownership and operational responsibility for the
hotel. The CITY, through VenuWorks, shall be responsible for operations and management of
the conference center including being entitled to all revenues and responsible for all expenses.
2-3: Marketing and promotional cooperation: The DEVELOPER and CITY, through its contract
with VenuWorks, agree to cooperatively market, plan, and recruit customers and events for the
services and amenities of the Swiftel Center and the Hotel. Both parties shall work
cooperatively with the Brookings Convention and Visitors Bureau toward this goal.
2-4: Architectural design: DEVELOPER shall be responsible for the design of the hotel.
DEVELOPER and CITY shall jointly and mutually cooperate in the design of the conference
center; the concourse connection between the hotel, conference center, and Swiftel Center;
any remodeling of the existing conference facilities of the Swiftel Center and County Resource
Center; parking lots; landscaping; utility improvements; drainage; and other site plan
considerations. CITY and DEVELOPER shall have common party-wall agreement for adjacency
of buildings.
SECTION 3: Property Considerations
3-1: Property subdivision: CITY and DEVELOPER shall agree to a suitable subdivision of Blocks 4,
5, and 6 Wiese Addition into separate parcels containing the proposed hotel, the proposed
conference center, and the existing Swiftel Center. Consideration of parking lots will be
incorporated into the three new parcels. The process shall be with a preliminary plat prior to
construction and a final plat at the completion of construction for accuracy of property lines
and building construction.
3-2: Re-zoning: CITY agrees to initiate a re-zoning of Blocks 4, 5, and 6 Wiese Addition as
necessary from B-4 (Highway Business) to PDD (Planned Development District) to provide for
regulatory consistency with intended use.
3-3: Site Plan requirements: DEVELOPER shall meet the necessary requirements for parking lot,
landscape/green space, utility easements and storm drainage for the hotel and conference
center. Consideration will be given for cross-parking easements with existing and new parking
lots.
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3-4: Other development requirements: DEVELOPER agrees to abide by usual and customary
development policies and procedures currently in effect including but not limited to building
permits, construction standards, subdivision regulations, and utility connections and any
applicable fees, licenses, or permits.
3-5: County Resource Center space: DEVELOPER and CITY agree to work cooperatively to
acquire the existing County Resource Center from Brookings County if necessary and
incorporate this space into the overall design. CITY agrees to endeavor to have Brookings
County release their first right of refusal of property acquisition over Blocks 5 and 6.
3-6: Signage: CITY shall permit DEVELOPER to install pylon signs on Block 8 Wiese Addition at a
location that provides interstate visibility; and on Block 2 Wiese Addition at a location that
provides Highway 14 visibility and does not obstruct existing signage. Both signs shall be
provided and installed at the DEVELOPER’s expense and subject to applicable City Code
restrictions. CITY shall permit DEVELOPER to install an interior sign in the Swiftel Center subject
to the terms and conditions of the Swiftel Center policy.
3-7: First Right-of-Refusal over other development; competing hotels: CITY agrees to give
DEVELOPER the first right-of-refusal to purchase any portion of Blocks 3 or 8 Wiese Addition if
the CITY contemplates selling the property to another developer for a hotel. In the event
DEVELOPER exercises said option, DEVELOPER agrees to construct a hotel. This option shall not
apply to any intended use where the contemplated sale is anything but another hotel.
SECTION 4: Financial Considerations
4-1: Sale of property for the hotel and conference center: CITY shall transfer the newly-created
parcels for the hotel and conference center to the Brookings Economic Development
Corporation (BEDC) who shall transfer the parcels to the DEVELOPER. CITY will sell the parcels
on a “fee simple” basis at a price subject to subsequent negotiations. BEDC shall sell the
parcels to the DEVELOPER at the same price. The prices of the two parcels may be different.
4-2: Lease rate of conference center: DEVELOPER shall lease the conference center to the City
for a rate subject to subsequent negotiations which shall be amortized over a term to be
determined but within a range of 15-20 years at which time ownership of the conference
center and parcel upon which the conference center is constructed shall revert to the CITY. The
lease rate paid by the CITY to the DEVELOPER shall be a net amount after the sales proceeds
described in 4-4, and tax increment proceeds described in 4-7, have been applied. The CITY
preserves its right to explore other options for financing its lease obligations to the DEVELOPER.
4-3: Developer to secure private financing: DEVELOPER shall be responsible for securing the
private financing necessary for the construction of the hotel, conference center, and related
site plan improvements.
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4-4: Sale proceeds may be applied to lease rate: The net sale proceeds resulting from the CITY
sale of property to the DEVELOPER may be applied to the lease expense of the CITY to the
DEVELOPER for the conference center.
4-5: Business Improvement District assessment fee: To the extent permitted by applicable state
law, CITY agrees to establish the hotel as an exclusive Business Improvement District
authorizing the imposition of an acceptable assessment fee by the DEVELOPER. The fee shall be
collected and remitted to the CITY and the total amount collected by the CITY will be refunded
less the administrative fee to the DEVELOPER. The refunded amount shall be used in
accordance with state law.
4-6: Property tax abatement: To the extent permitted by applicable state law, DEVELOPER shall
be entitled to the property tax abatement program known as the discretionary formula.
4-7: Tax increment finance for public improvements: CITY shall establish a tax increment
finance district to include parcels of Block 4, 5, and 6 Wiese Addition and possibly other
contiguous parcels as determined necessary and prudent by the CITY. The CITY will receive all
positive increments from the tax increment district over the course of the life of the tax
increment district. The terms and conditions of the CITY’s duly-adopted policy governing the
use of tax increment finance shall apply to the establishment and operation of this proposed
tax increment district.
4-8: Public financing assistance: DEVELOPER agrees to seek financing from various state and
federal sources and programs. CITY agrees to lend assistance in a good faith effort to help
DEVELOPER secure such funding.
4-9: Due diligence research needed by each party; market study: Each party recognizes that
significant financial, market research, legal, and analytical research will need to be conducted
subsequent to this Memorandum of Understanding to substantiate the feasibility of Sections 4-
1 through 4-8. To that end, both parties agree to jointly undertake or otherwise contract for a
suitable market study for the entire project. The cost-share of the market study shall be subject
to subsequent negotiations and based on a pro rata benefits received basis breakdown.
SECTION 5: Miscellaneous provisions
5-1: Liquor operating agreement at hotel: DEVELOPER, at the hotel, shall be entitled to a
restaurant liquor license provided applicable state and local requirements are met at the
established fee.
5-2: Liquor operating agreement at conference center: Liquor sales at the conference center
shall be under the provisions of the Swiftel Center.
5-3: Preliminary schedule: The CITY and DEVELOPER agree to the goal of establishing March,
2013 as the beginning of construction; and further agree to a schedule leading up to this date of
necessary pre-construction activities.
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5-4: Flexibility allowed for other options: Nothing in this Memorandum of Understanding shall
prevent or prohibit the parties from discussing, exploring, or negotiating terms, conditions, or
procedures not strictly listed in this document in the interest of achieving the mutually-
beneficial goals of the project.
5-5: Use of local contractors encouraged: CITY strongly encourages DEVELOPER to utilize local
trades, suppliers, vendors, and contractors as much as feasible in the construction and
operation of the project.
5-6: Development Agreement: In the event this Memorandum of Understanding is approved as
evidenced by the signatures and attestations below, the CITY and DEVELOPER shall proceed to
further due diligence, research, and analysis with the goal of resulting in the Development
Agreement which shall be a legally-binding contract for the project.
5-7: Termination of Memorandum of Understanding: This Memorandum of Understanding
shall expire upon the occurrence of: (1) either party notifies the other of their intent to
discontinue further discussions of the project, or (2) the document is replaced with a
Development Agreement.
Agreed this 25th day of September, 2012 for the CITY.
__________________________
Tim Reed, Mayor
Shari Thornes, City Clerk
Agreed this ___ day of _______________, 2012 for the DEVELOPER.
_________________________ _________________________
Paul Hegg Steve Westra
Hegg Companies, Inc Hegg Companies, Inc.
_________________________ __________________________
Steve Schwanke Peter Mork
Prairieland Partners Prairieland Partners
Resolution No. 136-12. A motion was made by Niemeyer, seconded by Bezdichek, to approve
Resolution No. 136-12, a Resolution accepting a Gift of Real Property to the City of Brookings,
SD; Lot 16A and 17, Valley View Addition, legal description: Lot Seventeen (17) of Block Two (2)
in Valley View Addition in Section Three (3), Township One Hundred Nine (109) North, Range
Fifty (50) West of the 5th P.M. All present voted yes; motion carried.
Resolution No. 136-12 - A Resolution Accepting a Gift of Real Property
to the City of Brookings, South Dakota
Whereas, BlairHill Properties, Inc. desires to gift and convey real property to the City of
Brookings, South Dakota, to be used for public purposes and specifically to provide additional
playground area and open space for the Valley View neighborhood, said real property being
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described as follows: Lot Seventeen (17) of Block Two (2) in Valley View Addition in Section
Three (3), Township One Hundred Nine (109) North, Range Fifty (50) West of the 5th P.M., to
the City of Brookings, County of Brookings, State of South Dakota, and
Whereas, the property is conveyed with the restriction that the property shall revert to the
Grantor if it ceases to be used by the public as a playground and open space serving the Valley
View neighborhood, and
Whereas, the City Council recognizes the significant benefits the community will enjoy as a
result of the gift of this real property by BlairHill Properties, Inc.,
Now, Therefore, It Is Hereby Resolved by the City Council that the real property described
above is gratefully accepted by the City of Brookings, South Dakota, subject to the restriction
set forth herein.
Resolution No. 109-12. A motion was made by Kubal, seconded by Corbett, to approve
Resolution No. 109-12, a Resolution approving City of Brookings Design-Build Procurement
Procedures. All present voted yes; motion carried.
Resolution No. 109-12 - A Resolution Establishing Procedures for
City of Brookings Design-Build Procurement
Be It Resolved by the City Council of the City of Brookings, South Dakota as follows:
Purpose
In order to comply with State law requirements for design-build procurements, the City of
Brookings adopts these procedures and will select design-build firms to provide combined
design and construction services for authorized projects in accordance with the following
procedures:
Definitions
For purposes of these procedures, the following definitions apply:
1. “City” means the City of Brookings.
2. “Department” is defined as any department of the City of Brookings, including the Swiftel
Center.
3. “Firm” is defined as any individual, firm, partnership, corporation, association, joint venture,
or other legal entity permitted by law to practice engineering, architecture or construction
contracting in the State of South Dakota.
4. “Project” is defined as that project described in the public announcement.
Minimum Qualification Requirements for Firms Providing Design-Build Services
Design-builders shall be registered with the Department of Revenue prior to contract award.
Where required by State law, the design-builder shall be able to provide design or construction
services by licensed or registered individuals.
October 9, 2012
City of Brookings
16
Public Announcement Procedures
Except in emergency situations, the Department will publish an announcement in accordance
with SDCL §5-18B-1. The announcement will set forth a general description of the project
requiring design-build services and will define the time frame and procedures for interested
qualified firms to apply for consideration. The public announcement will further state whether
design-builders will be pre-qualified for the project.
Technical Review Committee
There will be a Technical Review Committee (Committee) comprised of the following:
1. The City Engineer, or their designee;
2. Representatives of the Department of the City involved in the design-build procurement
project.
The Committee will have the responsibility to determine the most qualified offerors as provided
in “Qualification of Design-Builders”, as well as the responsibility to rate any rating Proposals
received, as provided in “Competitive Selection of Design-Build Services”.
Criteria Package and Request for Proposals
(1) The City will prepare a criteria package. The criteria developer may be either a private
practitioner (selected in accordance with the City’s procedures for selecting design firms) or the
criteria developer may be a staff member of the City. The criteria developer is prohibited from
being part of the bidding entity. The criteria package may include the following:
• Scope of work;
• Site survey (if necessary);
• Material quality standards;
• Conceptual design criteria;
• Design and construction schedules;
• Site development requirements;
• Stipulation of responsibilities for permits;
• Stipulation of responsibility for meeting any environmental regulations;
• Soil borings and geo-technical information (if necessary);
• Traffic control stipulations;
• Performance specifications; and
• Statement of required compliance with codes and general technical specifications.
(2) The purpose of the criteria package is to furnish sufficient information for firms to prepare
qualitative proposals and price proposals. The firm submitting the successful proposal shall
develop a detailed project design based on the criteria in the criteria package. Moreover, the
firm shall construct the improvement in accordance with the criteria package.
(3) The Request for Proposals ("RFP") shall consist of the Criteria Package, Instructions to
Bidders, Bid proposal forms, provisions for contracts, general and special conditions, and basis
for evaluation of proposals.
October 9, 2012
City of Brookings
17
Qualification of Design-Builders
(1) The City will qualify design-builders on a project-by-project basis.
(2) The City will advertise in accordance with SDCL § 5-18B-1 for a Request for Qualifications
(“RFQ”). The RFQ shall contain the following:
• A general description of the project;
• A description of the areas of qualification required for performance of the work, such as
experience, management resources, and financial capability;
• The basis upon which the most qualified offerors will be determined; and
• Any other requirements the City deems necessary.
Firms desiring to submit proposals on the design-build project shall submit a Statement of
Qualifications setting forth the qualifications of the entities involved in the firm and providing
any other information required by the RFQ.
(3) The Committee shall determine the relative ability of each Design-Build bidding entity to
perform the services required for each project. The Committee shall base its determination
upon the following:
• Experience with comparable projects;
• Financial capacity;
• Managerial resources;
• The abilities of the professional personnel;
• Past performance;
• Capacity to meet time and budget requirements;
• Knowledge of local or regional conditions;
• Recent and current project workload;
• The ability of the design and construction teams to complete the work in a timely and
satisfactory manner; and
• Any Pre-qualification forms submitted by the entity.
(4) The Committee shall select at least three and no more than five firms deemed to be most
highly qualified to perform the required services, after considering the factors in (3) above. The
Committee will report its selection of most highly qualified firms to the City Manager. The
minimum number of pre-qualified design-builders is not required for any improvement project
that is complex in nature, requires close coordination of design and reconstruction, or new
construction (SDCL §5-18B-29).
(5) The City Manager or their designee shall issue RFP’s to the most highly qualified firms
selected by the Committee.
Competitive Selection of Design-Build Services
(1) Each firm submitting a proposal shall submit a Qualitative Proposal and a Price Proposal.
Only firms receiving an RFP may submit proposals. Proposals shall be segmented into two
packages. Any proposal shall be accompanied by a deposit or bond meeting the requirements
October 9, 2012
City of Brookings
18
of SDCL 5-18B-2. The deposit or security may be forfeited if the proposal is accepted but the
design-builder fails to execute the design-build contract.
Qualitative Proposal. A qualitative proposal shall include preliminary design
drawings, outline specifications, technical reports, calculations, permit
requirements, management plan, schedule, and other data requested in
response to the RFP. Qualitative proposals shall be submitted in a sealed
package, which identifies the project and the design-builder on the outside of
the package. Each firm shall place the words “QUALITATIVE PROPOSAL” on the
outside of the package. Nothing contained in the qualitative package, except the
project management plan set forth below shall identify the design-builder. The
project management plan shall be submitted in a separate envelope within the
qualitative proposal package.
Price Proposal. Price proposals shall include one lump sum cost for all design and
construction of the proposed project. Each firm shall submit its price proposal in
a separate sealed package. Each firm shall place the words “PRICE PROPOSAL” on
the outside of the package. Each firm shall also place its name, the project
description, and any other information required by the RFP on the outside of the
package. The City shall retain unopened the Price Proposals until the time
provided in “Best Value Selection” set forth below.
(2) Each qualitative proposal shall be assigned a number by the staff member responsible for
the project. The proposal, with the exception of the Project Management Plan, shall be
submitted to each member of the Committee with only the assigned number to identify the
design-builder (it is intended that the Committee members not know the identity of the design-
builder during the review and scoring of the technical and scheduling aspects of the packages).
The Project Management Plan shall be submitted to the Committee members for review and
scoring only after they have turned in their scores for the other portions of the qualitative
proposal. The Committee members shall review the design concepts, preliminary designs and
technical data submitted by each firm. Prior to issuing their ratings, the Committee members
may consult with each other and with any Consultant hired by the City to assist with the design-
build procurement process. The Committee members shall then independently rate each firm’s
proposal based upon criteria established by the Committee for the project. The criteria may
include the following format example, but shall be adjusted for the particular characteristics of
the project prior to the advertisement of the RFP:
EXAMPLE
1. Technical Criteria Maximum Score: 65
2. Project-specific Management Plan Maximum Score: 20
A. Management Plan and Organization
B. Resumes of Key Professional and Managerial Personnel
C. Quality Assurance Plan
D. Safety Plan
E. Minority and Disadvantaged Business Participation Plan
October 9, 2012
City of Brookings
19
3. Project Schedule Maximum Score: 15
A. Construction Schedule and Ability to Meet Schedule
B. Architecture and Engineering Design Schedule and Ability to Meet
Schedule
C. Length of Construction and Design Schedule
Total Maximum Score: 100
(3) The Committee may adjust and refine all of the above criteria and the points assigned to
each based on the project type and the City’s experience. The Committee may reduce the
weight of management criteria or omit it entirely if it is sufficiently determinative in selection of
the most qualified offerors under “Qualification of Design-Builders”. The Committee may omit
the Firm’s Scheduling (current project workload) as criteria when a firm project deadline is a
fixed requirement in the RFP.
(4) The Committee members shall, without conferring with one another, submit their criteria
scores for each design-builder to the City Manager. The City Manager or their designee will
average the scores of the Committee members for each design-builder to arrive at a single
score for each design-builder.
Best Value Selection and Award for Design-Build Services
(1) The City Manager or their designee will set a date for publicly opening the price proposals,
and shall notify all firms submitting price proposals at least seven calendar days prior to the
opening date. The notification shall include the date, time, and place of the opening of price
proposals and date for award of the project.
(2) The City Manager or their designee will publicly open the sealed price proposals and divide
each firm’s proposed price by the qualitative score after converting the qualitative score to a
percentage (i.e. 90 x .01 = 90%) given by the Committee to obtain an "adjusted price". The firm
selected will be that firm whose adjusted price is lowest. An example of the "best value"
selection formula follows:
Firm Qualitative Score Proposed Price Adjusted Price
A 90 $6.9 $7.67
B 79 $6.3 $7.97
C 84 $6.8 $8.09
(Award to Firm A at $6.9)
(3) Instead of requiring Qualitative Proposals and Price Proposals, the City may establish a fixed
dollar budget for the design-build project in the RFP. With a fixed price established for all
October 9, 2012
City of Brookings
20
proposers, each firm would submit only Qualitative Proposals. The City would award the project
to the firm receiving the highest qualitative score.
(4) The City reserves the right to reject all proposals. The City will either reject all proposals or
approve an award to the firm with the lowest adjusted price. The City Manager or their
designee will notify all proposers in writing of the City’s intent to enter into a contract with that
firm.
(5) The City shall enter into a contract with the firm selected as provided above.
Negotiated Changes and Preservation of Confidential Information
The procedures for negotiations between the City of Brookings and those submitting proposals
prior to the acceptance of a proposal are as follows:
At the time of the award, the City may negotiate minor changes for the purpose of clarifying
the design criteria and work to be done, provided that the negotiated changes do not affect
the ranking of the proposals based on their adjusted score.
The procedures shall also contain safeguards to preserve confidential information and
proprietary information supplied by those submitting proposals consistent with §5-18B-34,
which are as follows:
Until a proposal is accepted, the drawings, specifications, and other information in the
proposal remain the property of the person making the proposal. The City will make
reasonable efforts to maintain the secrecy and confidentiality of any proposal and all
information contained in any proposal and the City will not disclose any proposal or the
information contained in a proposal to the design-builder’s competitors. The City will not
disclose, except as may be permitted pursuant to Chapter 1-27, confidential and proprietary
information contained in any proposal to the public until such time as the City takes final
action to accept a proposal.
Emergency Procedures
The procedures for awarding design-build contracts in the event of public emergencies as
defined in § 5-18A-9 are as follows:
The City may make an emergency procurement without advertising the procurement if
there exists a threat to public health, welfare, or safety or for other urgent and compelling
reasons. An emergency procurement will be made with such competition as is practicable
under the circumstances. A written determination of the basis for the emergency and for
the selection of the particular contractor will be included in the contract file.
Formal Protests to Solicitation or Award
The procedures for acting on formal protests relating to the solicitation or award of design-
build contracts are as follows:
Any person aggrieved or interested may appeal to the City Manager at any time within
twenty days after a decision to enter into a contract by providing notice of a formal
objection by First Class Mail to the City of Brookings, directed to the City Manager. The
October 9, 2012
City of Brookings
21
notice shall state the decision being appealed and shall ask for a hearing. Upon receiving the
notice, the City Manager shall call a meeting to include the City Manager, City Engineer, City
Attorney and the Department member involved in the design-build project. This Appeal
Board shall consider the appeal, make a decision and give notice to the party filing the
notice of objection. The decision shall be submitted to the City Council for approval and if
approved, will be carried out accordingly.
Adjourn. A motion was made by Corbett, seconded by Niemeyer, to adjourn. All present voted
yes; motion carried. Meeting adjourned at 6:38 p.m.
CITY OF BROOKINGS
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
October 9, 2012
City of Brookings
22
CONSENT AGENDA #4
C. Action on various volunteer appointments.
Mayor Reed is recommending the appointment of Jennifer Johnson to the Swiftel
Center Advisory Committee, as the Chamber Appointment, and Jill Kosbau to the
Business Improvement District #1 Board. City Council action is required on all volunteer
appointments.
Swiftel Center Advisory Committee
Number of positions: 1
Positions currently held by: vacant
Term Length: 3 years (unexpired term through 1/1/2013)
Residency Requirement: not required
Purpose: The Swiftel Center Advisory Committee shall act only in an advisory capacity
to the city council, however it shall, in particular, advise the city concerning marketing,
operational issues and management of the Swiftel Center, and in particular, shall advise
and assist the city in the performance of contracts between the City of Brookings and
County of Brookings, and between the City of Brookings and the firm managing the
Swiftel Center and which concern the Swiftel Center.
Business Improvement District #1 Board
Number of positions: 1
Positions currently held by: vacant
Term Length: 3 years (unexpired term through 1/1/2014)
Residency Requirement: not required
Purpose: The Business Improvement District #1 Board is responsible to prepare a plan
of improvements for a district and provide improvement recommendations to the City
Council. The boundaries of Business Improvement District #1 are defined as non-
contiguous properties to include all hotels/motels with 25 or more rooms situated
within the corporate limits of the City of Brookings.
October 9, 2012
City of Brookings
23
CONSENT AGENDA #4
D. Action to cancel the October 16th Council Study Session.
The City Council Study Session scheduled for October 16th is being cancelled. State law
requires official Council action to schedule or cancel a meeting.
October 9, 2012
City of Brookings
24
CONSENT AGENDA #4
E. Action on Resolution No. 137-12, a Resolution declaring surplus Property;
1997 Dodge Grand Caravan.
The City Engineering Department has one vehicle to be declared as surplus property.
The vehicle is a 1997 Dodge Grand Caravan which was originally a City motor pool
vehicle and was then transferred to the Engineering Department for an inspection
vehicle. This vehicle has been replaced with a 2000 Ford Expedition which was
transferred from the Police Department to the Engineering Department. The surplus
vehicle is as follows:
• One (1) 1997 Dodge Grand Caravan, VIN Number 2B4GP2438VR249991
This vehicle is being declared surplus property according to SDCL Chapter 6-13. It is
anticipated the City will attempt to sell this vehicle using the on-line auction process.
Resolution No. 137-12 will surplus the vehicle and allow the City to sell it.
Resolution No. 137-12
Declaring Surplus Property – 1997 Dodge Grand Caravan
Whereas, the City of Brookings is the owner of the following described vehicle formerly used by
the City of Brookings motor pool and engineering departments: One (1) 1997 Dodge Grand
Caravan, VIN Number 2B4GP2438VR249991.
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 sell said surplus property.
Now, Therefore, Be It Resolved by the governing body of the City of Brookings, South Dakota,
that this property be declared surplus property according to SDCL Chapter 6-13.
Passed and approved this 9th day of October, 2012.
CITY OF BROOKINGS
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
October 9, 2012
City of Brookings
25
CONSENT AGENDA #4
F. Action on Resolution No. 138-12, a Resolution concurring in the
placement of Stop Signs at the intersection of Daktronics Drive and Prince
Drive.
The Traffic Safety Committee discussed the issue of placing stop signs at the intersection
of Daktronics Drive and Prince Drive. Currently, there are stop signs on the north and
west sides of this intersection which are private streets owned by Daktronics. The
traffic in this intersection is congested during shift changes. Vehicles use the south
driveway of the parking lot on the west side of Prince Drive and drive northerly on
Prince Drive, creating a bottleneck at the intersection where other vehicles can’t exit the
Daktronics property. West-bound vehicles on Daktronics Drive also do not have to stop
to enter the Daktronics property which adds to the congestion. The traffic safety
committee discussed this issue at their September 13, 2012 meeting. The stop sign
does meet the warrants of the Manual of Uniform Traffic Control Devices, 2B.07D,
Multi-way Stop Applications: “An intersection of two residential neighborhood collector
(through) streets of similar design and operating characteristics where multi-way stop
control would improve traffic operational characteristics of the intersection.” In this
case, the multi-way stop signs would allow all vehicles a gap in the traffic so vehicles can
enter and exit from all sides of the intersection and improve the operating
characteristics of the intersection. The Traffic Safety Committee voted unanimously to
recommend stop signs at the intersection of Daktronics Drive and Prince Drives. This
resolution will approve the installation of the stop signs.
Resolution No. 138-12
Concurring in the Placement of Stop Signs at the Intersection of
Daktronics Drive and Prince Drive
Whereas, Section 82-373 of the Revised Ordinance of the City of Brookings, provides for
approval by the City Council for placement of stop signs in locations other than along through
streets.
Now, Therefore, Be It Resolved that the City Council concurs in the recommendation of the
Traffic Safety Committee and the City Manager and approves the placement of stop signs at the
intersection of Daktronics Drive and Prince Drive.
Passed and approved this 9th day of October, 2012.
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
October 9, 2012
City of Brookings
26
Excerpt from Traffic Safety Committee Minutes:
The Brookings Traffic Safety Committee held its monthly meeting on Thursday, September 13,
2012, at 12:10pm in the City & County Government Center, Suite 230.
Members Present: Skip Webster, Carol Rettkowski, Louis Skubic, Jackie Lanning, Pete
Kirchhevel, John Howard, Tim Heaton, Gary Gramm, James Weiss, and Tony Sonnenburg.
Members Absent: Daryl Englund, Brian Lueders, Mike Fossum, and Jeff Miller
Others Present: Megan McGee, Darin Schleicher, Dale Ulvestad, and Jeff Fritz
Call to Order: Webster called the meeting to order. Howard/Gramm moved to approve the
minutes from the August meeting. All present voted aye.
Addition to Agenda: None.
Request for 4-way stop signs at the intersection of Daktronics Drive and Prince Drive
Jeff Fritz is employed by Daktronics and serves on a company safety committee. Fritz stated
that Daktronics placed a stop sign on the north and west corners of the intersection of
Daktronics Drive and Prince Drive, which are private streets onto the Daktronics Property. Fritz
described that traffic had increased in this area especially in the mornings before work as well
as the afternoons when employees are done for the day. He stated the vehicle flow is confusing
as vehicles enter the intersection. He described that vehicles use the south driveway of the
parking lot on the west side of Prince Drive and they drive northerly, which does not allow
other vehicles to exit the other parking lot driveways. There is incoming traffic at nearly the
same time the shifts are letting off. He stated the incoming traffic drives westerly on
Daktronics Drive, making it difficult for the exiting vehicles to enter the street. Fritz felt the 4-
way stop at this intersection would help with the traffic flow. Fritz was also concerned that
traffic would increase when the east portion of 6th Street is reconstructed. During the
construction project, Daktronics is going to encourage employees to find an alternate route.
Gramm stated this area is mostly driven by Daktronics employees and he would agree with
their safety committee’s request. Lanning stated the Police Department records search found
no accidents have been reported in the last five years at this intersection. Lanning stated it is
harder to meet a warrant for multi-way stop sign applications. Lanning read Section 2B.07,
Multi-way Stop Applications, of the Manual of Uniform Traffic Control Devices. The warrant
that would pertain to this intersection is 2B.07D: “An intersection of two residential
neighborhood collector (through) streets of similar design and operating characteristics where
multi-way stop control would improve traffic operational characteristics of the intersection.” In
this case, the multi-way stop signs would allow all vehicles a gap in the traffic so vehicles can
enter and exit from all legs of the intersection. Sonnenburg agreed that a 4-way stop sign
would create better traffic flow. Howard/Rettkowski made the motion to install two stop signs
at the intersection of Daktronics Drive and Prince Drive. All present voted aye. Motion passed.
Submitted by: Chris Larson
New Stop SignLocationsExisting PrivateStop Sign LocationsDaktronics DrivePrince Drive
October 9, 2012
City of Brookings
28
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.
October 9, 2012
City of Brookings
29
Open Forum/Presentations/Reports
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 Sent Website: http://www.sdstatesa.com/#!
October 9, 2012
City of Brookings
30
Contracts & Change Orders
8. Action on Resolution No. 139-12, a Resolution awarding snow removal
contracts.
Bids were opened on October 2, 2012 for the annual Snow Removal Equipment
contracts. A complete bid tab is enclosed. Staff recommends the following bid awards:
• Three (3) Motorgraders with wings. Only one bid received for one motorgrader.
V.J. Ahlers Excavating, Inc. was awarded the bid on their Champion 730A
motorgrader with an hourly rate of $125.00.
• One (1) 3- to 6-Yard Loader. Winter, Inc. was awarded the bid on their CAT 938
3-cubic yard loader with an hourly rate of $115.00.
• Two (2) Loaders with Reversible Blades. Concrete Contractors, Inc. was awarded
the bid on their WA 250 and WA 320 reversible blades, each with an hourly rate
of $175.00.
• Eight (8) End-Dump Trucks. The following bids were awarded for eight trucks:
V.J. Ahlers Excavating, Inc., #2, $125.00; Prussman Contracting, #22 and #23,
$109.00 each; Prussman Contracting #20, $111.00; Prussman Contracting, #21,
$110.00; V.J. Ahlers Excavating, Inc., #5, $115.00; and Winter, Inc., #11 and #12,
$99.00 each.
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
October 9, 2012
City of Brookings
31
Resolution No. 139-12
Resolution Awarding Snow Removal Equipment Contracts
Whereas, the City of Brookings opened bids for Snow Removal Equipment on Tuesday,
October 2, 2012 at 1:30 pm at Brookings City & County Government Center; and
Whereas, the City of Brookings has received the following bids for Snow Removal Equipment:
Three Motorgraders with Wings: Only one bid received for one motorgrader. VJ Ahlers
Excavating Inc, Champion 730A, $125/hour; One 3-6 Yard Loader: Winter Inc., CAT 938,
$115.00/hour; Two Loaders with Reversible Blades: Concrete Contractors, Inc., WA 250 and WA
320, $175.00/hour, and Prunty Construction Co., JD624H, $192.50/hour; Eight End-Dump
Trucks: VJ Ahlers Excavating Inc., #2, $125.00/hour; VJ Ahlers Excavating Inc., #5, $115.00/hour;
Prunty Construction Co., #28 and #29, $112.50/hour/each; Prussman Contracting Inc., #22, and
#23, $109.00/each/hour; Prussman Contracting Inc., #20, $111.00/hour; Prussman Contracting
Inc., #21, $110.00/hour; Winter Inc., #11 and #12, $99.00/each/hour; Concrete Contractors Inc.,
#320 and #321, $125.00/each/hour.
Now Therefore, Be It Resolved the following bids be accepted: Three Motorgraders with
Wings: Only one bid received for one motorgrader. VJ Ahlers Excavating Inc, Champion 730A,
$125/hour; One (1) 3- to 6-Yard Loader: Winter, Inc., CAT 938, $115.00/hour. Two (2) Loaders
with Reversible Blades: Concrete Contractors, Inc., WA 250 and WA 320, $175.00/each/hour.
Eight (8) End-Dump Trucks: V.J. Ahlers Excavating, Inc., #2, $125.00/hour; VJ Ahlers Excavating
Inc, #5, $115.00/hour; Prussman Contracting Inc., #22, and #23, $109.00/each/hour; Prussman
Contracting Inc., #20, $111.00/hour; Prussman Contracting Inc., #21, $110.00/hour; and Winter
Inc., #11 and #12, $99.00/ each/hour.
Passed and approved this 9th day of October, 2012.
CITY OF BROOKINGS
________________________________
Tim Reed, Mayor
ATTEST:
_________________________
Shari Thornes, City Clerk
BID TABULATION - Snow Removal Equipment - Street Department
LETTING DATE: 1:30 p.m., Tuesday, October 2, 2012
ITEM BID: Three (3) Motorgraders With Wings
Award MOTORGRADER VEHICLE HOURLY
Order BIDDER MODEL NUMBER UNIT #RATE
1 VJ Ahlers Excavating Inc Champion 730A 125.00$
ITEM BID: One (1) 3- to 6-Yard Loader
Cost Per
Award LOADER VEHICLE CUBIC HOURLY Cubic
Order BIDDER MODEL NUMBER UNIT #YARDS RATE Yard
1 Winter Inc CAT 938 3 115.00$ 38.33$
ITEM BID: Two (2) Loaders w/Reversible Blades
Cost Per
Award LOADER VEHICLE HOURLY Cubic
Order BIDDER MODEL NUMBER UNIT #RATE Yard
1 Concrete Contractors Inc WA 250 175.00$
2 Concrete Contractors Inc WA 320 175.00$
Prunty Construction Co JD 624H 192.50$
ITEM BID: Eight (8) End-Dump Trucks
Cost Per
Award VEHICLE CUBIC HOURLY Cubic
Order BIDDER UNIT NUMBER YARDS RATE Yard
1 VJ Ahlers Excavating Inc 2 25.0 125.00$ 5.00$
2 Prussman Contracting 22 20.5 109.00$ 5.32$
3 Prussman Contracting 23 20.5 109.00$ 5.32$
4 Prussman Contracting 20 20.8 111.00$ 5.34$
5 Prussman Contracting 21 20.6 110.00$ 5.34$
6 VJ Ahlers Excavating Inc 5 20.0 115.00$ 5.75$
7 Winter Inc 11 17.2 99.00$ 5.76$
8 Winter Inc 12 17.2 99.00$ 5.76$
Prunty Construction Co 28 19.0 112.50$ 5.92$
Concrete Contractors Inc 320 20.8 125.00$ 6.01$
Concrete Contractors Inc 321 20.8 125.00$ 6.01$
Prunty Construction Co 29 18.3 112.50$ 6.15$
October 9, 2012
City of Brookings
33
Contracts & Change Orders
9. Action on Resolution No. 140-12, a Resolution awarding contracts for
2012-01 Gateway Project; pedestrian, pathway, lighting, and landscaping.
This project entails work for the general construction of a pedestrian pathway,
pedestrian lighting, and landscaping improvements. This project was bid as a lump sum
project with one alternate. The alternate consists of an LED lighting upgrade along the
pedestrian pathway. The project is located on property (6th Street & 22nd Avenue) gifted
by First Bank & Trust to the City of Brookings.
The bids were advertised in the Brookings Register on September 14th and 21st with the
bid letting on September 25, 2012. The City received the following bids:
Bidder: Timmons Const.
Brookings, SD
Westmar Const.
Tea, SD
Clark Drew Const.
Brookings, SD
Lump Sum Bid $162,690.00 $172,250.00 $168,000.00
Alternates:
1: LED Lighting
Upgrade $3,240.00 $4,000.00 $4,050.00
TOTAL $165,930.00 $176,250.00 $172,050.00
The low lump sum bid by Timmons Construction is 13% less than the Landscape
Architect’s estimate. Alternate #1 is 68% less than the Landscape Architect’s estimate.
Staff recommends accepting the low bid from Timmons Construction of Brookings in the
amount of $162,690 as well as accepting Alternate #1 in the amount of $3,240 for a
total project cost of $165,930.00.
The funding for the project has been budgeted and is being paid by a private donation.
Staff recommends approval.
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
October 9, 2012
City of Brookings
34
Resolution No. 140-12
Resolution Awarding Bids on 2012-01 Gateway Project
Whereas, the City of Brookings opened bids for 2012-01 Gateway Project on Tuesday, September
25, 2012 at 1:30 pm at Brookings City & County Government Center; and
Whereas, the City of Brookings has received the following bids for 2012-01 Gateway Project:
Timmons Construction, Inc., Brookings, SD $165,930.00
Westmar Construction, Tea, SD $176,250.00
Clark Drew Construction, Inc., Brookings, SD $172,050.00
Now Therefore, Be It Resolved that the low bid of $165,930.00 for Timmons Construction.,
Brookings, SD be accepted.
Passed and approved this 9th day of October, 2012.
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
October 9, 2012
City of Brookings
35
Contracts & Change Orders
10. Action on Resolution No. 141-12, a Resolution authorizing Change Order
No. 1 (CCO#1 Final) for 2012-03SSI Nelson 5th Addition Detention Pond
Project (over $5,000).
The North Nelson Storm Water Detention Pond Project has been completed. This
project is located on the south side of 15th Street South in the Nelson 5th Addition. The
project included grading a new channel at the upstream end of the project to carry
water from existing culverts to the new pond, constructing a two-stage storm water
detention and sedimentation pond, constructing an outlet flow control structure, and
planting native grasses, and wetland flora. The entire project area for this project is
approximately 9 acres. This project completes Phase I of Project 5 of the City’s
prioritized list of projects. The project is being funded with a loan through the State
Revolving Fund with the South Dakota Department of Natural Resources (SDDENR) and
being paid back with storm drainage fees.
The final change order for this project will adjust plan quantities to as-built quantities
for a total increase of $10,114.95. The increase was primarily due to the final quantity
of unclassified excavation being higher than the plan quantity of unclassified excavation.
This was due to the difficulty in surveying the existing ground elevations within the trees
so the bid quantity was based on an estimate of the ground elevations. The project
summary is as follows:
Original Contract Price: $206,377.05
Increase from Previous Change Orders: $ 0.00
Contract Price Prior to this Change Order: $206,377.05
Increase of this Change Order (No. 1 Final): $ 10,114.95
Contract Price incorporating this Change Order: $216,492.00
This resolution will approve Change Order No. 1 (CCO #1 Final) for an increase of
$10,114.95 to the contract to close out the project.
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
October 9, 2012
City of Brookings
36
Resolution No. 141–12
Resolution Authorizing Change Order No. 1 (CCO#1 Final) for
2012-03SSI North Nelson Storm Water Detention Pond Project
Be It Resolved by the City Council that the following change order be allowed for 2012-03SSI
North Nelson Storm Water Detention Pond Project:
Construction Change Order Number 1 (Final): Adjust plan quantities to as-built
quantities for an increase of $10,114.95 to close out the project, contingent upon
SDDENR concurrence.
Passed and approved this 9th day of October, 2012.
CITY OF BROOKINGS
________________________________
Tim Reed, Mayor
ATTEST:
_________________________
Shari Thornes, City Clerk
October 9, 2012
City of Brookings
37
Second Readings & Public Hearings
11. Public hearing and action on an On-Off Sale Malt Beverage License for
Rian Corp., dba Italian Garden, Kharul Hogue, owner, 1300 Main Avenue
South, Brookings, South Dakota, legal description: Lot 1, excluding the S
92’ of W 40’ Block 3, Fishback Second Addition.
The City of Brookings has received an application to transfer the On-Off Sale Malt
Beverage License from Taste of Europe, Mad Jacks LTD, to Rian Corp., dba Italian
Garden, Kharul Hogue, owner, 1300 Main Avenue South, legal description: Lot 1,
excluding the S 92’ of W 40’ Block 3, Fishback Second Addition.
A public hearing and action by the local governing body is required to approve all
alcohol license transfers. This license would be effective until June 30, 2013 and then
subject to an annual renewal. If approved, the application would be forwarded to the
State Department of Revenue for final action and issuance of the license. Staff
recommends approval.
Further Information: SDCL 35-2-1.2 provides all applications for retail licenses …shall be
submitted to the governing board of the municipality within which the applicant intends
to operate…The governing board: “shall have discretion to approve or disapprove the
application depending on whether it deems the applicant a suitable person to hold such
license and whether it considers the proposed location suitable.”
SDCL 35-2-6.2 provides the “character” requirements for alcoholic beverage licensees:
“Any license under this title…must be a person of good moral character, never convicted
of a felony, and, if a corporation, the managing officers thereof must have like
qualifications.”
Procedure for issuance of licenses: Procedurally, SDCL 35-2-3 provides that “no license
for the on or off-sale at retail of alcoholic beverages…shall be granted to an applicant for
any such license, except after public hearing, upon notice.” SDCL 35-2-5 provides the
procedure for the time and place of hearing and for publication of notice. If an
application for a license is refused, “no further application may be received from a
person until after the expiration of one year from the date of a refused application.”
City Ordinances:
Listed below is Chapter 5, Article 2, Section 5-20 of the City Code of Ordinances
pertaining to Application Review Procedure.
October 9, 2012
City of Brookings
38
The City Council shall review all applications submitted to the City for available On-Sale
Alcoholic Beverage Agreements and for On-Sale Malt Beverage and Wine Licenses in
accordance with SDCL 35-2 and in accordance with the following factors:
a. Type of business which applicant proposes to operate: On-Sale Alcoholic
Beverage Operating Agreements and On-Sale Malt Beverage and Wine Licenses
may not be issued to convenience grocery stores, gas stations, or other stores
where groceries or gasoline are sold unless it can be established that minors do
not regularly frequent the establishment.
b. The manner in which the business is operated: On-Sale Alcoholic Beverage
Operating Agreements and On-Sale Malt Beverage and Wine Licenses may not
be issued to establishments which are operated in a manner which results in
minors regularly frequenting the establishment.
c. The extent to which minors are employed in such a place of business: On-Sale
Alcoholic Beverage Operating Agreements and On-Sale Malt Beverage and Wine
Licenses may not be issued to convenience grocery stores, gas stations, or other
stores where groceries or gasoline are sold and which regularly employ minors.
d. The adequacy of the police facilities to properly police the proposed location:
The City Council shall inquire of the Police Chief whether the Police Department
can adequately police the proposed location.
e. Other factors: The hours that business is conducted shall be considered by the
City Council in its review of applications for on-sale alcoholic beverage operating
agreements and on-sale malt beverage and wine licenses.
Summary: SDCL and case law support the premise that the decision to issue an alcoholic
beverage license is discretionary. The City can assess the character of the applicant and
whether the location is suitable. A person convicted of a felony is prohibited from
applying for a license; therefore, a convicted felon would fail the character test. In
determining suitable location, the Council may involve the determination of whether
the location is suitable consistent with the procedure developed through South Dakota
Case Law. This includes the manner in which the business is operated; the extent to
which minors frequent or are employed in such place of business; the adequacy of the
police facilities to properly police the proposed location, and other factors associated
with the sale of alcoholic beverages.
City Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
October 9, 2012
City of Brookings
39
Second Readings & Public Hearings
12. Public hearing and action on Resolution No. 142-12, a Resolution
authorizing the City Manager to enter into an Operating Agreement for an
On-Off Sale Wine License for Rian Corp., dba Italian Garden, Kharul
Hogue, owner, 1300 Main Avenue South, Brookings, South Dakota, legal
description: Lot 1, excluding the S 92’ of W 40’ Block 3, Fishback Second
Addition.
The City of Brookings has received an application to transfer the On-Off Sale Wine
License from Taste of Europe, Mad Jacks LTD, to Rian Corp., dba Italian Garden, Kharul
Hogue, owner, 1300 Main Avenue South, legal description: Lot 1, excluding the S 92’ of
W 40’ Block 3, Fishback Second Addition. An operating agreement is required for wine
licenses. Resolution No. 142-12 allows the City Manager to enter into the first five years
of the 10-year agreement effective through 2017.
A public hearing and action by the local governing body is required for all alcohol
licenses. This license would be effective until December 31, 2012 and then subject to an
annual renewal. If approved, the application would be forwarded to the State
Department of Revenue for final action and issuance of the license. Staff recommends
approval.
Listed below is specific information related to a wine license request and other
procedures that are following with an application. Note that restaurant requirements
for wine have been eliminated in state law.
City Ordinances:
Listed below is Chapter 5, Article 2, Section 5-20 of the City Code of Ordinances
pertaining to Application Review Procedure. The City Council shall review all
applications submitted to the City for available On-Sale Alcoholic Beverage Agreements
and for On-Sale Malt Beverage and Wine Licenses in accordance with SDCL 35-2 and in
accordance with the following factors:
a. Type of business which applicant proposes to operate: On-Sale Alcoholic
Beverage Operating Agreements and On-Sale Malt Beverage and Wine Licenses
may not be issued to convenience grocery stores, gas stations, or other stores
where groceries or gasoline are sold unless it can be established that minors do
not regularly frequent the establishment.
b. The manner in which the business is operated: On-Sale Alcoholic Beverage
Operating Agreements and On-Sale Malt Beverage and Wine Licenses may not
be issued to establishments which are operated in a manner which results in
minors regularly frequenting the establishment.
October 9, 2012
City of Brookings
40
c. The extent to which minors are employed in such a place of business: On-Sale
Alcoholic Beverage Operating Agreements and On-Sale Malt Beverage and Wine
Licenses may not be issued to convenience grocery stores, gas stations, or other
stores where groceries or gasoline are sold and which regularly employ minors.
d. The adequacy of the police facilities to properly police the proposed location:
The City Council shall inquire of the Police Chief whether the Police Department
can adequately police the proposed location.
e. Other factors: The hours that business is conducted shall be considered by the
City Council in its review of applications for on-sale alcoholic beverage operating
agreements and on-sale malt beverage and wine licenses.
Resolution No. 142-12
Rian Corp., dba Italian Garden
Wine Operating Agreement
Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby
approves a Lease Agreement for the Operating Liquor Management Agreement for wine
between the City of Brookings and Rian Corp., dba Italian Garden., for the purpose of a
liquor manager to operate the on-sale establishment or business for and on behalf of
the City of Brookings at 1300 Main Avenue South.
Be It Further Resolved that the City Manager be authorized to execute the Agreement
on behalf of the City, which shall be for a period of five (5) years and renewal for
another five (5) years.
Passed and approved this 9th day of October, 2012.
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
October 9, 2012
City of Brookings
41
Second Readings & Public Hearings
13. Public hearing and action on Ordinance No. 24-12, an Ordinance rezoning
the east 25 feet of Lots 4 and 5, Block 1, Original Plat Addition from a
Business B-3 District to a Business B-1 District (426 3rd Street-southwest
corner of 3rd St. and 5th Ave.)
Proposal: Rezone a small lot on the southwest corner of 5th Avenue and 3rd Street
Background: This property was developed in 1947. The building on this lot occupies
100% of the area. The lot is bordered by a parking lot to the west and south that are
accessory to an office supply business. The entire east half of the block is zoned B-3 but
is surrounded by the B-1 District except for adjacent property to the southeast.
Specifics: The current B-3 District would allow the continued use of a Veterinary Clinic
as a legal non-standard use. However, any change of use would require compliance to
current zoning regulations, and in most cases, this could not be accomplished due to the
size of the lot.
The B-1 District is the only district that does not require on-premise parking. It also
allows a zero foot (0’) building setback on the front and side lot lines. A B-1 Business
District designation would provide options for the reuse or redevelopment of this
parcel.
Recommendation: The Planning Commission voted 6 yes and 0 no to recommend
approval of the rezoning.
City Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
October 9, 2012
City of Brookings
42
Ordinance No. 24-12
An Ordinance to Change the Zoning within the City of Brookings
Be It Ordained By the City of Brookings, South Dakota:
Section 1. That the real estate situated in the City of Brookings, County of Brookings, State of
South Dakota, described as follows, to-wit:
the east 25 feet of Lots 4 and 5, Block 1, Original Plat Addition
be and the same is hereby rezoned and reclassified from a Business B-3 District to a Business B-
1District
In accordance with Section 94-7 of Article I of Ordinance 25-02 of the Code of Ordinances of
Brookings, South Dakota, as said districts are more fully set forth and described in Articles III
and IV, Chapter 94 of Ordinance No. 25-02 of the City of Brookings, South Dakota.
Section 2. The permitted use of the property heretofore described be and the same is hereby
altered and changed in accordance herewith pursuant to said Ordinance No. 25-02 of the City
of Brookings, South Dakota.
Section 3. All sections and ordinances in conflict herewith are hereby repealed.
First Reading September 25, 2012
Second Reading and Adoption October 9, 2012
Published October 12, 2012
CITY OF BROOKINGS
________________________
Tim Reed, Mayor
ATTEST:
_________________________
Shari Thornes, City Clerk
October 9, 2012
City of Brookings
43
Planning Commission
Brookings, South Dakota
September 4, 2012
OFFICIAL MINUTES
Chairperson Wayne Avery called the regular meeting of the City Planning Commission to
order on Tuesday, September 4, 2012, at 5:30 PM in the Chambers Room on the third floor of
the City & County Government Center. Members present were Hal Bailey, Greg Fargen, Alan
Gregg, Al Heuton, Kristi Tornquist, and Avery. Mike Cameron, Donna DeKraai and John Sydow
were absent. Others present were Ceci Bode, Community Development Director Mike Struck,
and Planning and Zoning Administrator Dan Hanson.
Item #4 – Cynthia (Masson) Bode has submitted a petition to rezone the east 25 feet of Lots 4
and 5, Block 1, Original Plat Addition from a Business B-3 District to a Business B-1 District.
(Bailey/Fargen) Motion to approve the rezoning. All present voted aye. MOTION
CARRIED.
SUMMARY OF DISCUSSION
Item # 4 – Ceci Bode stated the rezoning of the property would be critical since there was no
on-premise parking. She felt several similar changes had occurred in this area in the past, and
the property would benefit by being in the Central Business District.
Tornquist inquired about the parking issue. Hanson responded that most property
owners are required to install on-premise parking based on the square footage of their
business. However, the building on this lot did not have that option since there was no yard
area available. The B-1 District was the only district that exempted on-premise parking
requirements.
October 9, 2012
City of Brookings
44
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
October 9, 2012
City of Brookings
45
(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.
October 9, 2012
City of Brookings
48
Second Readings & Public Hearings
14. Public hearing and action on Ordinance No. 25-12, an Ordinance
amending the Zoning Ordinance pertaining to the Conditional Use Permit
process.
Proposal: Modify the conditional use permit application procedures in order to
expedite non-controversial requests.
Specifics: These amendments were discussed at the August meeting. There were only
minor tweaks to the document based on your comments. As was noted last month, the
major focus is on reducing the time necessary for a resident to obtain a conditional use
permit. This could be done by eliminating the involvement of the governing body when
there are no controversial issues with a request. If there are concerns, then an appeal
process is provided for either the applicant or other aggrieved party.
A final draft of Article V. shows the changes in red. Several sections were modified
extensively, and a new section was added. Please note that the last page has the South
Dakota Codified Law references for conditional uses.
Recommendation: The Planning Commission voted 6 yes and 0 no to recommend
approval of the changes.
City Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
October 9, 2012
City of Brookings
49
Ordinance No. 25-12
An Ordinance Amending the Zoning Ordinance of the City of Brookings and Pertaining to the
Conditional Use Permit Process 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 V. CONDITIONAL USES
DIVISION 2. PERMIT
Sec. 94-221. Generally
The Planning Commission City Council may authorize by Conditional Use Permit the uses
designated in this chapter when located in a zoning district allowing such use. The Planning
Commission City Council shall impose such conditions as a part of the Conditional Use Permit as
are appropriate and necessary to insure compliance with the Comprehensive Plan and to protect
the public’s health, safety and general welfare. Unless expressly modified by the Board of
Adjustment, all regulations of the zoning district in which the use is located shall apply.
Sec. 94-222. Application
To obtain a Conditional Use Permit, the applicant shall file a written application on a form
furnished by the Community Development City Engineering Department. The application shall
be submitted on or before the 15th of any month prior to the next regularly scheduled Planning
Commission meeting. Every application shall contain the following information:
1. Legal description of the land upon which such conditional use is requested, together
with local street address
2. Name and address of each owner of the property
3. Name, address, phone number and signature of the applicant
4. Zoning district classification under which the property is regulated at the time of
such application
5. Be accompanied with a site plan unless waived by the Community Development City
Engineering Department
6. Any other information concerning the property as may be requested by the
Community Development City Engineering Department
Sec. 94-223 Fees.
Upon the filing of any application for a Conditional Use Permit, the applicant shall pay to the City
the appropriate fee as designated in Chapter 66 of this code.
October 9, 2012
City of Brookings
50
Sec. 94-224. Information on Site Plan.
(a) In addition to the following information, plans shall be drawn to scale upon substantial paper
or provided electronically cloth and shall be of sufficient clarity to indicate the location, nature,
and extent of the work proposed and show in detail that it will conform to the provisions of this
ordinance and all other relevant laws, ordinances, rules and regulations. The Community
Development City Engineering Department may waive the submission of plans if the nature of
the work applied for is such that reviewing of plans is not necessary to obtain compliance with
this ordinance. The site plan shall contain the following:
1. The address of the property and the legal description
2. The name of the project and/or business
3. The scale and north arrow
4. All existing and proposed buildings or additions and uses
5. Dimensions of all buildings
6. Distance from all building lines to the property lines at the closest points
7. Building height and number of stories
8. Dimensions of all property lines
9. Parking lots or spaces - designate each space; give dimensions of the parking lot, stalls
and aisles
10. Perimeter screening - show height, location and type of material to be used any
fencing, walls or hedges
11. Landscape plantings - The landscaped setback and trees; indicate species, location,
and number of trees and material to be used for landscaping
12. Name and location of all adjacent streets, alleys, waterways and other public places
13. Interior screening – show height, location and type around parking lot and dumpster
14. Signage – indicate location of all freestanding signage
15. Lighting – show location and type of parking lot and exterior building wall lighting
16. Architecture – provide representative elevations of all buildings
(b) Approved plans shall not be changed, modified, or altered without authorization from the
Planning Commission or City Council giving final approval, and all work shall be done in
accordance with the approved plans.
Sec. 94-225. Planning Commission Hearing.
(a) Setting of date. Upon the filing of an application for a Conditional Use Permit with the Zoning
Administrator Officer accompanied by the fee in the manner prescribed in Chapter 66 of this code,
the Zoning Administrator 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 as adopted by the Planning Commission. Public notice for this
meeting and changes to be considered shall be given by publishing ten days in advance by
publication in a legal newspaper of the municipality, the date of the hearing and the time and
place when and where all persons interested shall be given an opportunity to be heard.
(b) Posting signs. Signs shall be posted on the property at least for a continuous period of
seven (7) days immediately prior to any public hearing held by the Planning Commission to
October 9, 2012
City of Brookings
51
consider the 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. Said signs shall be
removed and disposed of properly within three days returned to the Zoning Officer one day
after the public hearing on the request.
Sec. 94-226. Planning Commission Decision Report.
The Planning Commission shall consider the stated criteria, the objectives of the comprehensive
plan, and the purpose of the zoning ordinance and its relevant zoning districts when making a
decision to approve or disapprove a conditional use request. submit to the City Council a final
report containing its recommendations on those applications for Conditional Use Permits which it
has considered. If no report is received from the Planning Commission in sixty-five (65) days, the
Conditional Use Permit shall be considered approved. The Planning Commission, in making its
determination on an application, may approve, modify, or deny said application.
Sec. 94-226.5 Appeal
The decision rendered by the Planning Commission on a conditional use permit may be appealed
to the City Council. To appeal the decision, the applicant or any person aggrieved by said decision
shall file a written appeal with the Community Development Department within five (5) working
days of the decision.
Sec. 94-227. City Council Hearing.
When an appeal from the decision of the Planning Commission has been filed in accordance with
Sec. 94-226.5, the City Council shall conduct a public hearing to act on the application.
(a) Publication of time and place. The City Council shall conduct a public hearing to act on all
applications which have been processed and forwarded to it for public hearing as provided in this
ordinance. The City Manager or designee shall cause to be published, ten days prior to the date of
the adoption of the ordinance, the time and place, when and where all persons interested shall be
given an opportunity to be heard.
(b) Posting signs. Notice of such hearing shall may also be required to be given by posting signs
on the property. Signs shall be posted on the property at least seven (7) days immediately prior
to any public hearing held by the City Council to consider the application. Said signs shall be
furnished by the City and posted by the appellant, if the appellant is the applicant, in the
numbers and locations prescribed by the Zoning Administrator. If the appellant is not the
applicant, said signs shall be posted by the Zoning Administrator or his designee. Said signs
shall be removed and disposed of properly within three days after the public hearing on the
request. If signs are required by the Zoning Officer, the regulations as set forth in Section 94-
225(b) shall apply.
(c) Hearing. At the public hearing on any application for a conditional use permit, the city
council shall review the decisions and recommendations of the planning commission of any
application coming before the city council as provided in this chapter. The city council, in
October 9, 2012
City of Brookings
52
making its determination of such application, may amend the application in accordance with or
in modification or rejection of the decision recommendation of the Planning Commission.
Sec. 94-228. Amendments
Amendments shall be processed in the same manner as a Conditional Use Permit is processed.
The City Council or Planning Commission gives final approval, and all work shall be completed and
enforced in accordance with the approved plan. Approved plans shall not be amended without
approved authorization as noted below:
Plan Amendments
(a) Any approved conditional use plan or conditional use plan addendum may be amended as
provided in this section, or entirely withdrawn by the applicant. The Community
Development Department may approve administrative amendments to an approved plan
without notice or hearings, after consideration of the record from the original public
hearing on the plan.
(b) Minor changes to an approved conditional use plan shall be done administratively. Minor
changes may include minor relocation or reorientation of buildings, lot lines, or easements;
relocation of points of access; relocation of internal access and circulation; minor
relocation or rearrangement of parking areas; reduction in the designated parking spaces,
but not less than required under Division 4. Parking, Stacking, and Loading; and
reorientation of landscaping.
Major changes to an approved conditional use plan shall follow the public hearing approval
process. Major changes may include major relocation or reorientation of buildings or
parking areas which have external impacts on adjacent property; and major reductions in
landscaping or screening, but not less than required under Section 94-399.
Sec. 94-229. Expiration.
(a) A conditional use permit shall expire one (1) year from the date upon which it becomes
effective if no significant work has commenced. Upon written request to the Community
Development Director and prior to the conditional use permit expiration date, a one-year
time extension for the conditional use permit may be granted, subject to the following
conditions:
(1) There was no public objection presented during the public hearing process for the
original conditional use permit;
(2) The land uses for the surrounding properties have not changed or significantly altered
since the original approval date for the conditional use permit;
(3) The project could not be substantially completed within the required one-year time
frame due to unforeseen circumstances related to engineering and environmental
studies or construction delays relating to specific elements of the project.
October 9, 2012
City of Brookings
53
(b) A conditional use permit approved in accordance with Article V. Conditional Uses, shall
expire one year after the use discontinues on the premises, or the use is changed to
another permitted use in the underlying district.
Sec. 94-230. Preexisting Uses.
An existing use eligible for a Conditional Use Permit which was lawfully established on the effective
date of this title shall be deemed to have received a Conditional Use Permit as herein required and
shall be provided with such permit by the city upon request, and it shall not be a nonconforming
use, provided, however, for any enlargement, extension, or relocation of such existing use, an
application in accordance with this section shall be required.
Sec. 94-231. Reapplication.
No applicant requesting a Conditional Use Permit whose application includes the same or
substantially the same requirements for the same or substantially the same property as that which
has been denied by the Planning Commission or City Council shall be again considered by the
Planning Commission before the expiration date of six (6) months from the date of the final action
on the original petition.
Sec. 94-232. Permit Revocation
If the Community Development Director finds, at any time, that the terms, conditions, and
requirements of the conditional use permit have not been complied with, or that any phase
thereof has not been completed within the time required under said conditional use permit, or
any amendment thereto, the Director shall report this fact to the permittee and the Planning
Commission. The Planning Commission may, after conducting a public hearing, of which the
permittee shall be notified, submit a recommendation to the City Council for their consideration
and action. The City Council may, after a public hearing of which the permittee shall be notified,
revoke such conditional use permit for failure to comply with such terms, conditions, and
requirements, or take such other action as it may deem necessary to obtain compliance.
Section 2.
Any or all ordinances in conflict herewith are hereby repealed.
First Reading September 25, 2012
Second Reading
Published
CITY OF BROOKINGS, SD
___________________________________
Tim Reed, Mayor
ATTEST:
________________________
Shari Thornes, City Clerk
October 9, 2012
City of Brookings
54
CONDITIONAL USE PERMIT HISTORY
(January 2010 - June 2012)
DATE REQUEST OPPOSITION / PC RECOMMENDATION
ADVERSE IMPACTS
2-2-2010 Home Occupation none denied – non compliance
2-2-2010 Contractors Shop none approved
3-2-2010 Private Stable none approved
4-6-2010 Contractors Shop none approved
5-4-2010 Church in B-2 none approved
7-6-2010 Office in R-2 none approved
10-5-2010 Home Occupation none approved
12-7-2010 Home Occupation none approved
3-1-2011 Brewpub in B-1 none approved
3-1-2011 Office in R-2 none approved
8-2-2011 Office in R-2 yes – Substantial denied*
10-4-2011 Home Occupation yes – minor denied
12-6-2011 Apartment in R-2 none approved
2-7-2012 Home Occupation yes – minor approved
3-12-2012 Kennel in B-3 none approved
* Applicant withdrew request prior to CC meeting
October 9, 2012
City of Brookings
55
Planning Commission
Brookings, South Dakota
September 4, 2012
OFFICIAL MINUTES
Chairperson Wayne Avery called the regular meeting of the City Planning Commission to
order on Tuesday, September 4, 2012, at 5:30 PM in the Chambers Room on the third floor of
the City & County Government Center. Members present were Hal Bailey, Greg Fargen, Alan
Gregg, Al Heuton, Kristi Tornquist, and Avery. Mike Cameron, Donna DeKraai and John Sydow
were absent. Others present were Ceci Bode, Community Development Director Mike Struck,
and Planning and Zoning Administrator Dan Hanson.
Item #5 – The City of Brookings has submitted amendments to the Zoning Ordinance pertaining
to the Conditional Use Permit process.
(Fargen/Heuton) Motion to approve the amendments. All present voted aye. MOTION
CARRIED.
SUMMARY OF DISCUSSION
Item #5 – Hanson noted that the amendments had only minor tweaks based on the Planning
Commission’s review last month.
October 9, 2012
City of Brookings
56
Other Business
15. City Council member introduction of topics for future discussion.
Any Council Member may request discussion of any issue at a future meeting only.
Items cannot be added for action at this meeting. A motion and second is required
stating the issue, requested outcome, and time. A majority vote is required.
October 9, 2012
City of Brookings
57
16. Adjourn.