HomeMy WebLinkAbout2012_11_13 CC PKT1
Brookings City Council
Tuesday, November 13, 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 Resolution No. 146-12, a Resolution authorizing the City Manager to enter into a
Liquor Operating Agreement renewal for Park Hospitality, Lance Park, Owner, 2500 6th
Street (Legal: Lot X-1 and all of Lot 1, excluding west 20' thereof; Lot F excluding north 60',
and all Lot G of Lot 2, all in Block 1, Holibrook Addition).
D. Action on Resolution No. 147-12, a Resolution Authorizing Change Order No. 1 for the
Dakota Nature Park Nature Center, Clark Drew Construction, Inc. (deduct).
E. Action on Resolution No. 148-12, a Resolution establishing Dental Insurance monthly
contribution rates for the City of Brookings Dental Insurance Plan.
F. Action on Resolution No. 149-12, a Resolution authorizing the Mayor to sign documents for
P3368(03) PCN 03CB, 12th Street South and 17th Avenue South Intersection Improvements.
G. Action to purchase equipment for the Landfill off City of Sioux Falls bid price.
H. Action to cancel the November 27, 2012 City Council meeting.
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.
Open Forum/Presentations/Reports
6. Open Forum.
7. SDSU Student Senate Report.
Contracts & Change Orders
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First Readings**
8. Ordinance No. 27-12: Budget Amendment #4 - An Ordinance Authorizing a Supplemental
Appropriation to the 2012 Budget for the purpose of providing for additional funds for the
operation of the City.
Public Hearing: December 4th
**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
9. Public hearing and action on Ordinance No. 26-12, an Ordinance rezoning Blocks 3, 4, 5, 6, and
8, excluding Lots 1A and 5 of Block 8, Wiese Addition, from a Business B-4 and B-5 District to a
Planned Development District.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
10. Public hearing and action on an application for an Off-Sale Malt license for Heist Brewing Co.,
LLC, Thomas Strubel, owner, 611 2nd St. So., Brookings, South Dakota (Legal: E 33’ of Lot 7,
Block 1, Folsom Addition).
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Other Business
11. Action to approve the South Dakota Outdoor Adventure Center’s final location, exterior design,
site improvements and landscaping in the Dakota Nature Park.
Action: Motion to approve, request public comment, roll call
12. Presentation of Third Quarter Financial Reports by Brookings Municipal Utilities.
Action: Informational
13. 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.
14. Executive Session for purposes of discussing marketing or pricing strategies by a board or
commission of a business owned by the state or any of its political subdivisions, where public
discussions would be harmful to the competitive position of the business.
Action: Motion to enter executive session – voice vote
Motion to leave executive session – voice vote
15. Executive Session for purposes regarding employee union contract negotiations.
Action: Motion to enter executive session – voice vote
Motion to leave executive session – voice vote
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.
November 13, 2012
City of Brookings
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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 Resolution No. 146-12, a Resolution authorizing the City
Manager to enter into a Liquor Operating Agreement renewal for Park
Hospitality, Lance Park, Owner, 2500 6th Street (Legal: Lot X-1 and all
of Lot 1, excluding west 20' thereof; Lot F excluding north 60', and all
Lot G of Lot 2, all in Block 1, Holibrook Addition).
D. Action on Resolution No. 147-12, a Resolution Authorizing Change
Order No. 1 for the Dakota Nature Park Nature Center, Clark Drew
Construction, Inc. (deduct).
E. Action on Resolution No. 148-12, a Resolution establishing Dental
Insurance monthly contribution rates for the City of Brookings Dental
Insurance Plan.
F. Action on Resolution No. 149-12, a Resolution authorizing the Mayor
to sign documents for P3368(03) PCN 03CB, 12th Street South and 17th
Avenue South Intersection Improvements.
G. Action to purchase equipment for the Landfill off City of Sioux Falls bid
price.
H. Action to cancel the November 27, 2012 City Council meeting.
*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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City of Brookings
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CONSENT AGENDA #4
B. Action to approve minutes.
The draft October 23rd Brookings City Council minutes are enclosed for Council review
and approval.
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City of Brookings
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Brookings City Council
October 23, 2012 (unapproved)
The Brookings City Council held a meeting on Tuesday, October 23, 2012 at 6:00 p.m., at City
Hall with the following members present: Mayor Tim Reed, Council Members John Kubal, Mike
McClemans, Ope Niemeyer and Keith Corbett. Council members Jael Thorpe and Tom
Bezdichek were absent. City Manager Jeff Weldon and Deputy City Clerk Bonnie Foster were
also present.
Consent Agenda. The Executive Session (Agenda Item #14) was removed and Ex-Officio
Reports was added. A motion was made by McClemans, seconded by Kubal, to approve the
consent agenda as amended.
a. Action to approve the agenda, as amended.
b. Action to approve October 9th Council meeting minutes.
c. Action on Resolution No. 143-12, a Resolution authorizing Change Order No. 1 (CCO#1) for
2012-05SSI, Camelot Square Drainage Improvement Project.
Resolution No. 143–12 - Resolution Authorizing Change Order No. 1 (CCO#1) for 2012-05SSI,
Camelot Square Drainage Improvement Project
Be It Resolved by the City Council that the following change order be allowed for 2012-
04SSI, Camelot Square Drainage Improvement Project: Construction Change Order Number
1: Adjust contract for the addition of one 8” x 4” Pipe Wye and additional select trench
backfill for a total increase of $1,590.00 to the contract.
d. Action on Resolution No. 144-12, a Resolution authorizing signatory on Grant Agreement
and to Certify Payment Request (Solid Waste Management Program).
Resolution No. 144-12 - Resolution Authorizing Signatory on Grant Agreement and to Certify
Payment Request (Solid Waste Management Program)
Whereas, the City of Brookings applied for a Solid Waste Management Program grant for a
standardized recycling collection container and collection vehicle;
Whereas, the City of Brookings was awarded a grant from the South Dakota Department of
Environment and Natural Resources Solid Waste Management Program;
Whereas, it is necessary to designate an authorized representative to execute the grant
agreement and to certify and sign payment requests;
Now, Therefore, Be It Resolved by the City of Brookings, SD:
That the City Council of Brookings does hereby designate the Director of Solid Waste
Management as the authorized representative of the City to do all things on its behalf to
execute the grant agreement and certify and sign payment requests for the curbside
recycling collection project.
On the motion, all present voted yes; motion carried.
November 13, 2012
City of Brookings
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First Reading: Ordinance No. 26-12. A first reading was held on Ordinance No. 26-12, an
Ordinance rezoning Blocks 3, 4, 5, 6, and 8, excluding Lots 1A and 5 of Block 8, Wiese Addition,
from a Business B-4 and B-5 District to a Planned Development District. Public Hearing:
November 13, 2012.
TABLED ITEM: Ordinance No. 25-12. October 9, 2012 motion: A motion was made by
Bezdichek, seconded by Niemeyer, to approve Ordinance No. 25-12. A motion was made by
Reed, seconded by Corbett, to table to the October 23rd council meeting. All present voted yes,
except Thorpe voted no; motion carried.
MOTION: A motion was made by Corbett, seconded by McClemans, to remove Ordinance No.
25-12, an Ordinance amending the Zoning Ordinance pertaining to the Conditional Use Permit
process, from the table. All present voted yes; motion carried.
Public Comment: Kelley Tilmon, Pat Fishback, Beverly Dobbs, Tom Dobbs and Mary Bibby
raised questions. Bibby also proposed the following amendment on behalf of the Brookings
Historic Preservation Commission: “Any application which modifies the exterior or environs of
an historic property shall be submitted to city council for final decision, in the same manner as
provided for an appeal.”
AMENDMENT: A motion was made by Reed, seconded by McClemans, to make an amendment
to Section 94-226.5 Appeal with the City Attorney’s suggestion: “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 within five (5) working days of the decision. An
interested party includes any person having an interest in the decision of the Planning
Commission, including any agency of government or member of the City Council.” Council
Members Corbett, McClemans, Niemeyer, Reed voted yes; Kubal voted no. Motion carried.
MOTION: A motion was made by Corbett, seconded by Niemeyer to table to the first meeting
in December. All present voted yes; motion carried.
Resolution No. 145-12. A motion was made by Corbett, seconded by McClemans, to approve
Resolution No. 145-12, a Resolution authorizing the Execution of Real Estate Agreements of
Sale (land for Airport Project). All present voted yes; motion carried.
Resolution No.145-12 - Resolution Authorizing the Execution of Real Estate Agreements of Sale
Be It Resolved by the City Council of the City of Brookings, South Dakota as follows:
Whereas, for the purpose of acquisition of real property for necessary airport realignment
improvements of the City of Brookings, South Dakota, the City of Brookings desires to purchase
the following described property: 1) Outlot One “A” (1A) in Section Twenty-eight (28),
Township One Hundred Ten (110) North, Range Fifty (50) West of the 5th P.M., County of
Brookings, State of South Dakota, containing 44.00 acres, more or less; and 2) Outlot Two (2) of
the Northeast Quarter (NE1/4) of Section Twenty-eight (28), Township One Hundred Ten (110)
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North, Range Fifty (50) West of the 5th P.M., County of Brookings, State of South Dakota,
containing 54.50 acres, more or less; and 3) The Southwest Quarter of the Northwest Quarter
(SW1/4NW1/4), Except Sublots “A” and “B” of Outlot One (1), of Section Twenty-seven (27),
Township One Hundred Ten (110) North, Range Fifty (50) West of the 5th P.M., County of
Brookings, State of South Dakota, containing 17.50 acres, more or less; and
Whereas, the City of Brookings has received proposed Agreements of Sale from the
following landowners: Leo and Eleanor Moriarty, the Estate of William Mix and Dorothy
C. Lees Trust, providing for a total purchase price of the above-described property of
$571,800 and pursuant to the terms of which are satisfactory to the City of Brookings;
Now Therefore, It Is Hereby Resolved by the City Council of the City of Brookings, South Dakota,
as follows: A) That the City acquire title to the above-described property pursuant to
Agreements of Sale with Leo and Eleanor Moriarty, the Estate of William Mix and Dorothy C.
Lees Trust for the purpose of acquisition of real property for necessary airport improvements;
and B) That the Mayor, City Clerk and City Manager are authorized to execute the Purchase
Agreements and other required documents in accordance with this Resolution.
Presentation of Quarterly Financial Report by Brookings Health Systems. Jason Merkley, CEO,
and Kevin Coffey, Vice-President of Finance and CFO, provided the council with an update on
current and pending issues.
Discussion regarding proposed new service by Brookings Municipal Utilities. Steve Meyer,
BMU General Manager, notified the council of a proposed new service to be offered by BMU
for data managed services.
City Council member introduction of topics for future discussion. Council Member McClemans
requested a discussion on Tax Increment Financing (TIF). Weldon clarified this topic is
scheduled for the November 20th study session.
Council Member Niemeyer requested sales tax and income reports showing budget versus
actuals. Weldon recommended adding this to the November 20th study session agenda.
Weldon added an update on the hotel/conference center to the November 20th study session.
Adjourn. A motion was made by Kubal, seconded by McClemans, to adjourn. All present voted
yes; motion carried. Meeting adjourned at 7:28 p.m.
CITY OF BROOKINGS
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
November 13, 2012
City of Brookings
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CONSENT AGENDA #4
C. Action on Resolution No. 146-12, a Resolution authorizing the City
Manager to enter into a Liquor Operating Agreement renewal for Park
Hospitality, Lance Park, Owner, 2500 6th Street (Legal: Lot X-1 and all of
Lot 1, excluding west 20' thereof; Lot F excluding north 60', and all Lot G
of Lot 2, all in Block 1, Holibrook Addition).
The City of Brookings enters into Liquor Operating Agreements for a 10-year period. The
Operating Agreement for Park Hospitality, located at 2500 6th Street, is at the 10-year
renewal point. Resolution No. 146-12, would allow the City Manager to enter into a 10-year
agreement, with a renewal held at mid-term: five years.
Resolution No. 146-12
Park Hospitality – Liquor Operating Agreement
Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease
Renewal Agreement for the Operating Liquor Management Agreement between the City of
Brookings and Lance Park, owner, Park Hospitality, 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 2500 6th Street,
also known as Park Hospitality.
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 10 years.
Passed and approved this 13th day of October, 2012.
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
November 13, 2012
City of Brookings
9
LIQUOR OPERATING AGREEMENT
Park Hospitality
THIS AGREEMENT made and entered into by and between the CITY OF BROOKINGS, a
municipal corporation of the State of South Dakota, hereinafter referred to as the “City” and
Lance Park, owner, Park Hospitality, hereinafter referred to as “Manager.”
WITNESSETH;
WHEREAS, the City has been issued an on-sale alcoholic beverage license and is engaged in the
sale of alcoholic beverages, and
WHEREAS, the City desires to enter into an Operating Agreement on a limited basis with the
Manager for the purpose of operating an on-sale establishment or business for and on behalf of
the City pursuant to law, and
WHEREAS, the Manager has offered to have facilities in which to operate said on-sale
establishment solely upon the premises hereinafter described.
NOW, THEREFORE IT IS MUTUALLY AGREED AS FOLLOWS:
1.
This Agreement is made and entered into on a limited basis between the parties hereto to
allow the Manager to operate a retail on-sale premises, pursuant to and in accordance with all
of the terms and conditions of this Agreement in accordance with all State laws and City
Ordinances now in effect and as may be enacted in the future.
2.
The Manager shall be individually responsible for all operating expenses of said on-sale
establishment, including but not limited to utilities, taxes, insurance, and license fees, if any.
The Manager shall furnish all equipment and fixtures necessary to operate the establishment.
3.
The on-sale establishment shall be located upon real estate in the City of Brookings, South
Dakota, described as:
Lot X-1 and all of Lot 1, excluding west 20' thereof; Lot F excluding north 60', and all
Lot G of Lot 2, all in Block 1, Holibrook Addition, City of Brookings, Brookings County,
South Dakota
4.
The Manager shall dispense only alcoholic beverages supplied by the Municipal Off-Sale
establishment.
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City of Brookings
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5.
This Agreement shall be in full force and effect for a period of five (5) years, with the Manager
having the option and privilege of a five (5) year extension, subject to the approval of the
governing body of the City of Brookings.
Upon execution of this Operating Agreement, the parties hereto agree the previous
Temporary Liquor Operating Agreement between the same parties is terminated.
6.
Either the Manager or the City may terminate this Agreement without cause upon ninety (90)
days written notice served by either party upon the other. The City reserves the right to
immediately suspend or revoke this Agreement without ninety (90) days written notice for
alcohol related violations in accordance with the provisions of Resolution No. 25-88 or any
amendments thereto or for any late payments for alcoholic beverages supplied by the Municipal
off-sale establishment to be sold on the premises of Manager.
7.
The Manager shall receive as full compensation for its services rendered, the net profit from the
on-sale establishment under its management, and the sole profit to be derived by the City shall
be the markup hereinafter set forth on alcoholic beverages furnished by the municipality to the
Manager for the purposes of resale on the premises as above described.
8.
The Manager shall pay to the City for all alcoholic beverages sold by the City to the Manager
for resale on the above-described premises, the actual cost of distilled spirits and wine supplied
by the City, plus eleven percent (11%) in excess of such cost; the Manager shall pay to the City
for all malt beverages sold by the City to the Manager for resale on the above-described
premises, the actual cost of malt beverages, plus ten percent (10%) in excess of such cost. The
actual cost shall include cost price and transportation charges. The markup percentages
provided in this Agreement are subject to change by the City of Brookings. In the event
markup percentages are changed by Ordinance, then the markup percentages provided by City
Ordinance shall supercede the markup percentages provided herein. The Manager further
agrees that if either of the markup percentages shall be increased at any time by the City, the
Manager shall pay the markup as so increased.
9.
A complete and detailed record shall be maintained by the City of all alcoholic beverages
supplied to the on-sale Manager and such alcoholic beverages so supplied shall be evidenced by
pre-numbered invoices prepared in triplicate showing the date, quality, brand, size, and actual
cost of such item, and such invoice shall bear the signature of the authorized representative of
the on-sale Manager or its authorized representative. One copy thereof shall be retained by
the Municipal off-sale establishment, one copy shall be retained by the on-sale establishment,
and one copy shall be filed with the City Clerk. All copies shall be kept as permanent records
and made available for reference and audit purposes. The Manager also agrees to maintain a
complete record of all alcoholic beverages received from the City.
November 13, 2012
City of Brookings
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10.
The Manager agrees to pay the CITY OF BROOKINGS, an Annual Renewal License Fee of One
Thousand Five Hundred, and no/100 Dollars ($1,500.00), which is due on or by the 1st day of
November of each year during the term of this Agreement. The payment of the Annual
Renewal License Fee will not extend the term of this Operating Agreement beyond the term
provided herein.
11.
The Manager agrees to keep the premises in a neat, clean and attractive appearance, and
Manager further agrees to operate said on-sale establishment only on such days and at such
hours as permitted by state law and city ordinances.
12.
The Manager shall have the right to return, at any time, alcoholic beverages received from the
City and to receive in return any deposit made for such alcoholic beverages; in the event of
termination of the business, all unused alcoholic beverages, which may be resold without
discount may be returned to the City and the Manager shall be reimbursed for the of such
alcoholic beverages.
13.
The Manager agrees to abide by the credit policies of the City and acknowledges, by execution
of this Agreement, receipt of a copy of the credit policies of the City. The City reserves the
right to change or terminate its credit policies at any time, but shall be required to provide
written notice to Manager prior to the effective date of the change or termination date of the
credit policies.
14.
The Manager agrees to furnish the City upon demand, evidence of payment of the following:
A. All salaries of on-sale employees;
B. Social Security and withholding taxes on said employees;
C. Worker’s Compensation insurance premiums covering said employees;
D. Unemployment taxes on the payrolls of said employees;
E. General liability insurance protecting both the City and the Manager against claims
for injury or damages to persons or property, said policy to have general liability
limits of at least Five Hundred Thousand Dollars ($500,000.00) single limit, and One
Million Dollars ($1,000,000.00) aggregate, and a limitation of Fifty Thousand Dollars
($50,000.00) for damage to property. The general liability insurance limits are
subject to change and Manager agrees to change limits of insurance if required by
the City;
F. Rent and utility bills; and
G. Any and all miscellaneous expenses, including taxes.
15.
The Manager agrees to observe all Federal and State laws and ordinances of the City of
Brookings.
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City of Brookings
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16.
The City covenants and agrees to furnish the on-sale license to Manager pursuant to the terms
and conditions of this Operating Agreement and the terms and conditions of the on-sale
license.
17.
The City has the right to make inspections and investigations of the premises during the hours
of operation, and make audits and examinations of the records of the Manager relating to the
on-sale establishment.
18.
It is further specifically understood and agreed that the waiver of the rights of the City under
this Agreement shall not constitute a continuous waiver, and any violation or breach of the
terms of this Agreement by the Manager shall constitute a separate and distinct offense and
grounds for immediate termination and revocation of this Agreement.
19.
This agreement shall not be assignable to another person or location without the written
consent of the City.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement which is effective
November 13th, 2012.
CITY OF BROOKINGS, South Dakota
A Municipal Corporation
By:
Jeffrey W. Weldon, City Manager
ATTEST:
Shari Thornes, City Clerk
MANAGER
By:
Business Owner
November 13, 2012
City of Brookings
13
CONSENT AGENDA #4
D. Action on Resolution No. 147-12, a Resolution Authorizing Change Order
No. 1 for the Dakota Nature Park Nature Center, Clark Drew Construction,
Inc. (deduct).
The Dakota Nature Park is located on 22nd Ave. South on the site of the previous city
landfill. This phase of the project entails construction of a new nature center building in
the southwest corner of the site.
This is the second of several phases under which the park will be developed. The new
nature center building will be approximately 5,300 sq. ft. and will include a large
classroom, a large atrium (second classroom) with exhibits and reception desk, a four-
season porch/meeting room, a storage room for outdoor gear, mechanical and custodial
rooms, and three bathrooms. The building project additionally includes the landscaping
in the immediate area around the building, geothermal, and a city water line.
Change Order No. 1 addresses eliminating the steel bracket connections and utilizing
mortise and tenon connections for the timber frame construction in the nature center
building. Through a value engineering process, it was determined the mortise and
tenon connections will not only be a less expensive option, but will provide a better-
looking connection for this type of building than the steel brackets that were originally
part of the design. The supplier will provide engineering calculations to document the
proposed connections will support the code required minimum loading conditions. This
is the reason for the additional engineering line item. There will be a total deduction of
$6,710.00 from the original contract sum of $1,198,700.00 ($1,191,990.00 new contract
amount).
November 13, 2012
City of Brookings
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Resolution No. 147-12
A Resolution Authorizing Change Order No. 1
Dakota Nature Park Nature Center – Clark Drew Construction, Inc.
Be It Resolved by the City Council that the following change order be allowed for Resolution
No. 147-12 Dakota Nature Park – Nature Center:
Construction Change Order Number 1
Gunnstock Timber Frames
Engineering: Reduced labor for new connections = ($3,500.00)
Steel bracket package = ($9,504.00)
Additional engineering = $6,504.00
Total = ($6,500.00)
Clark Drew Construction, Inc.
Subtotal = $6,500.00
SD Excise Tax @ 2% = $130.00
Bonding 1.2% = $79.56
Lump Sum Total = $6,710.00
There will be a total deduction of $6,710.00 from the original contract sum of $1,198,700.00
($1,191,990.00 new contract amount).
Passed and approved this 13th day of November, 2012.
CITY OF BROOKINGS
_________________________
Tim Reed, Mayor
ATTEST:
____________________________
Shari Thornes, City Clerk
November 13, 2012
City of Brookings
15
CONSENT AGENDA #4
E. Action on Resolution No. 148-12, a Resolution establishing Dental
Insurance monthly contribution rates for the City of Brookings Dental
Insurance Plan.
To: City Council and Jeff Weldon, City Manager
From: Donna Langland, Human Resources Director
Rita Thompson, Finance Director
RE: City of Brookings 2013 Dental Insurance Premium Adjustment
Please review for approval the attached Resolution No. 148-12 for a 3.9% increase in the
monthly contribution rate for the City of Brookings Delta Dental Plan effective January
1, 2013.
It was a pleasant surprise to receive this type of minimal increase notice due to the fact
our dental claims are currently running 8.6% higher than premiums and we have not
had a rate change since 2011. Good news was also received from National Insurance
Services and Avesis, both indicating a 0% increase in benefit premiums for our life and
vision insurance policies for plan year 2013.
We are pleased to report the accumulated City of Brookings cash level portion in the
Self-Insured Health Insurance Trust Fund continues to increase and as of 10/31/2012
has reached an all time high amount of $1,847,649.12. This represents a 25 percent
increase over the past 12 month period. We suspect that the combination of changing
the pharmacy drug plan benefit in 2010 and placing a higher focus on wellness to
include employee healthy lifestyle activities/incentives over the past three years, have
played a huge part in stabilizing our Self-Insured Medical Trust Account.
Based on our 2013 renewal notice from First Administrators, Inc., there will not be an
increase in administration fees or stop loss premiums for 2013. There will, however, be
a new Pharmacy Benefit Manager fee of $1.00 per employee/per month. This new fee
is expected to only raise our annualized fees by $1,536.00. We are confident the trust
fund can absorb this minimal cost and propose, therefore, a recommendation to adjust
the projected health insurance premium increase down 10%, as budgeted, to 0%.
The Brookings Municipal Utilities accumulated cash level in the Self-Insured Health
Insurance Fund on 10/31/2012 was $2,388,588.46. Therefore, if additional funds were
needed above the dollar amount in the City of Brookings portion of the medical trust
account for claims, we would be able to borrow from BMU reserves. The City of
Brookings Medical Trust Account balance for both entities combined on 10/31/2012 was
a record amount of $4,236,237.58, which places the City of Brookings in a positive
position in light of new healthcare reform changes anticipated for plan year 2014. The
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City of Brookings currently is still under a grandfathered status, which has provided us
with protection from a number of healthcare plan related challenges other entities have
already faced since 2011.
The history of the employee health insurance contribution increases and claims paid
history data since 2001 are as follows:
YEAR HEALTH CONTRIBUTION CLAIMS PAID
INCREASE
2001 40.0% $ 569,800.14
2002 9.1% $ 733,390.51
2003 6.5% $ 994,580.73
2004 5.0% $ 712,212.75
2005 5.0% $ 913,207.14
2006 10.0% $1,173,949.07
2007 14.0% $1,312,601.16
2008 15.0% $1,041,894.67
2009 6.5% $1,465,364.01 (net)
2010 0.0% $ 827,737.28 (net)
2011 0.0% $ 933,034.66 (net)
2012 0.0% $ 853,339.42 (y-t-d paid thru 10/31/2012)
2013 0.0% (10% budgeted)
The overall proposed rate change for 2013 health insurance within the 2013 budgeting
process was projected at an approximate 10% increase overall. However, based on all
the above factors, it is our plan to proceed with the 0% increase for health insurance
effective January 1, 2013, and monitor the 2013 claims experience and Medical Trust
Account balance closely on an ongoing basis to determine if an increase in premium
may need to be instituted, for example, on July 1, 2013, etc.
DENTAL INSURANCE PREMIUM RATE INCREASE RECOMMENDATION
The premium increase announcement from Delta Dental insurance was 3.9% for plan
year 2013. The City of Brookings recognizes making the investment in dental benefits
may not only be popular among employees, but may also be helping to hold down
medical costs.
November 13, 2012
City of Brookings
17
Resolution No. 148-12
Establishing Dental Insurance Monthly Contribution Rates
for the City of Brookings Dental Insurance Plan
Whereas, Be It Resolved, that the 2013 employee and employer contributions for the dental
insurance plan be established as follows:
CITY GENERAL & PUBLIC SAFETY EMPLOYEES
Employer’s Share
(75%) of Single Rate
Employee’s
2013 Share TOTAL
Employee Only $28.43 $9.47 $37.90
Employee/Spouse $28.43 $44.31 $72.74
Employee/Child(ren) $28.43 $46.35 $74.78
Family $28.43 $72.93 $101.36
Passed and approved this 13th day of November, 2012.
CITY OF BROOKINGS
___________________________________
Tim Reed, Mayor
ATTEST:
________________________________
Shari Thornes, City Clerk
November 13, 2012
City of Brookings
18
CONSENT AGENDA #4
F. Action on Resolution No. 149-12, a Resolution authorizing the Mayor to
sign documents for P3368(03) PCN 03CB, 12th Street South and 17th
Avenue South Intersection Improvements.
The South Dakota Department of Transportation has programmed Project No.
P3368(03) PCN 03CB, 12th Street South and 17th Avenue South Intersection
Improvements for construction in 2013. This project is being designed by HDR of Sioux
Falls, and will include new traffic signals, curb ramps and crosswalks at the intersection.
The funding for this project is being provided through the South Dakota Department of
Transportation (SDDOT) through the Urban Surface Transportation Program. Resolution
No. 149-12 will authorize the Mayor to sign the Right-of-Way Certificate, Utilities
Certificate, Bid Letting Authorization, and other related documents for Project
P3368(03) PCN 03CB, 12th Street South and 17th Avenue South Intersection
Improvements in Brookings, SD.
Resolution No. 149-12
A Resolution Authorizing the Mayor to Sign Documents for P3368(03) PCN 03CB; 12th
Street South and 17th Avenue South Intersection Improvements
Whereas, the Brookings City Council desires the construction of Project P3368(03) PCN 03CB,
12th Street South and 17th Avenue South Intersection Improvements in Brookings, SD; and
Whereas, the City of Brookings is obligated and hereby agrees to provide proper maintenance
as required for the project after construction is completed in accordance with State and Federal
requirements; and
Whereas, the City of Brookings certifies that all work involved in the project will take place
within the City’s right-of-way and easements, and that no additional right-of-way is required.
Now Therefore Be It Resolved that the Mayor of the City of Brookings is authorized to sign the
Right-of-Way Certificate, Utilities Certificate, Bid Letting Authorization, and other related
documents for Project P3368(03) PCN 03CB for 12th Street South and 17th Avenue South
Intersection Improvements in Brookings, SD
Dated this 13th day of November, 2012.
CITY OF BROOKINGS
_________________________
ATTEST: Tim Reed, Mayor
____________________________
Shari Thornes, City Clerk
November 13, 2012
City of Brookings
19
CONSENT AGENDA #4
G. Action to purchase equipment for the Landfill off City of Sioux Falls bid
price.
To: City Manager, Mayor and City Council
From: Todd Langland, Director of Solid Waste
RE: Purchase of Tommel Screener from City of Sioux Falls
The City of Brookings Regional Landfill and the City of Sioux Falls Landfill jointly
purchased a Tommel Screener with state grant money in 1997. The Tommel Screen is
used for screening the compost at each site. The City of Sioux Falls had 80% ownership
and the City of Brookings had 20% ownership.
This agreement has worked very well for the last 15 years, but the City of Sioux Falls has
decided to purchase their own screener based on the volume of material they are now
screening.
The City of Sioux Falls has offered the City of Brookings the screener at a cost of
$34,800.00; new price of the screener they purchased is $180,000. The machine has low
hours and has been serviced regularly and maintained well.
The screener was budgeted for in 2011 with a cost of $50,000.00. This purchase of the
Tommel Screener has been in the making since March of 2011; we were waiting for the
City of Sioux Falls to purchase their new screener. This screener will allow the landfill
operation to continue to produce compost for the residents of our community.
I recommend purchasing the screener from the City of Sioux Falls for $34,800.00.
November 13, 2012
City of Brookings
20
CONSENT AGENDA #4
H. Action to cancel the November 27, 2012 City Council meeting.
The City Council Study Session scheduled for November 27th is being cancelled due to
several council members attending the National League of Cities Conference. State law
requires official Council action to schedule or cancel a meeting.
November 13, 2012
City of Brookings
21
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.
November 13, 2012
City of Brookings
22
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 – Daniel Vellek
Finance Chair – Ben Ruggeberg
State & Local Chair – Jameson Goetz
SDSU Sent Website: http://www.sdstatesa.com/#!
November 13, 2012
City of Brookings
23
First Readings**
8. Ordinance No. 27-12: Budget Amendment #4 - An Ordinance Authorizing
a Supplemental Appropriation to the 2012 Budget for the purpose of
providing for additional funds for the operation of the City.
Public Hearing: December 4, 2012
** No vote is taken on the first reading of an Ordinance. The title of the Ordinance
is read and the date for the public hearing is announced.
To: Mayor and City Council Members
From: Jeffrey W. Weldon, City Manager
Subject: 2012 Budget Amendment #4
Budget Amendment #4 for 2012 recognizes unanticipated revenues, reduces
expenditures for capital projects, and recognizes additional expenses in some areas with
a net effect of adding to the general fund balance, special revenue fund balance in total,
and decreasing revenues and expenses within our enterprise funds.
The City of Brookings is self-insured for unemployment. An unemployment fund was
created by the Hospital, Utilities, and City General in 1991. Each contributed a dollar
amount and all unemployment claims were paid from this fund. The City General Fund
owes the fund $63,041. This will bring the City General participation balance to zero. In
the future we will have to pay any of those claims from what department the claims
arise from.
We are not undertaking the capital project at EdgeBrook to upgrade our irrigation
system from the Everist Pond. However, we will use the public improvement
appropriation from EdgeBrook for the Valley View Park frontage improvements which
was donated this year.
We received several state grants. One was for the upgrade for our firewalls, which
required a local match. Another was for the remodeling of the police and dispatch area.
We also received a grant for equipment at the Dakota Nature Park and a donation for
park playground equipment at Arrowhead Park.
We split the Hillcrest Aquatic Center revenues and expenses and Larson Ice Arena
revenue and expenses from the Park and Recreation Department for more transparency
and accountability. There are budget amendments moving expenses and revenues
between the four departments, recognizing the actual revenues and expenses for each
November 13, 2012
City of Brookings
24
of the four departments. This type of adjustment may be necessary again in 2013 until
we have historical activity to review for solid budget estimates.
We are amending the budget for the additional dispatch position granted this year due
to the increased state tax.
There are major projects which are being adjusted significantly: Airport Phase 1, 25th
Avenue, and Storm Drainage projects for the Nelson Addition, Pheasant Nest, and
Camelot.
We are recognizing the loss of rental income at the Research & Technology Center due
to vacancies.
November 13, 2012
City of Brookings
25
Ordinance No. 27-12
An Ordinance Entitled “An Ordinance Authorizing a Supplemental Appropriation
to the 2012 Budget for the Purpose of Providing for Additional Funds and for the
Operation of the City.”
Be It Ordained by the City of Brookings, South Dakota:
Whereas, there is a need to recognize grant revenues which will be received in 2012; and
Whereas, the City of Brookings has received donations for recreational equipment at the
Nature Park and playground equipment at Arrowhead Park; and
Whereas, it is necessary to reimburse the unemployment fund for past claims; and
Whereas, salaries need to be adjusted for the additional dispatch position and temporary help
and unanticipated retirements by long time employees; and
Whereas, the Larson Ice Arena experienced equipment failure and loss of Freon; and
Whereas, it is necessary to provide the grant match used to remodel city hall for the Dispatch
Center; and
Whereas, it is necessary to recognize the Swiftel Center capital from 2011; and
Whereas, the construction of 25th Avenue is less than anticipated; and
Whereas, the Storm Drainage projects need adjustment for bond proceeds and construction
cost; and
Whereas, the Airport phase 1 of the project needs to be adjusted per the bids; and
WHEREAS, Edgebrook Golf Course experienced increase usage additional revenues need to be
recognized and expenses per the contract for management; and
Whereas, the rent generated by the Research & Technology Center needs to be adjusted
because of vacancy’s and maintenance to the structure; and
Whereas State Law (SDCL 9-21-7) and the City Charter (4.06 (a) permit supplemental
appropriations provided there are sufficient funds and revenues available to pay the
appropriation when it becomes due.
Now, Therefore, Be It Resolved by the City Council that the City Manager be authorized to
make the following budget adjustments to the 2012 budget:
November 13, 2012
City of Brookings
26
Budget Amendment #4
Revenue Expense
Policy & Adm-City Coucil,City Clerk, City Manager 3,595
Other-Non-Dept, Gen Gov Buildings, IT 103,920 77,771
Public Safety-Police, Fire, Animal Control 12,775 (101,712)
Public Works-Comm Dev, Engineer, Street 23,000 6,107
Culture & Recreation-Park, Rec, Ice Arena, Pool,
Forestry, Library 74,299 106,228
Total General Government 213,994 91,989
75% Sales & Use Tax 135,994
E-911 46,420
Swiftel Center 135,994
Special Assessment (300,000)
Storm Drainage 1,620,000 (135,233)
Total Special Revenue 1,755,994 (252,819)
Airport (1,172,642) (1,196,303)
EdgeBrook Golf Course (25,858) (22,500)
Research & Technology Center (34,119) 12,171
Total Enterprise Funds (1,232,619) (1,206,632)
All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
First Reading: November 13, 2012
Second Reading: December 4, 2012
Published: December 7, 2012
CITY OF BROOKINGS
_________________________
Tim Reed, Mayor
ATTEST:
____________________________
Shari Thornes, City Clerk
8 - amendment detail
User:
Printed:
Ord Dec 2012/Recognizing Workmens Comp refund
Ord Dec 2012/Transfer in from 75% S&U
(from Edgebrook allocation)
0.00
0.00
0.00
0.00
Ord Dec 2012/Computer Dias
0.00
0.00
0.00
0.00
Ord Dec 2012/Temporary Help Increase
0.00
0.00
0.00
0.00
Ord Dec 2012/Paying unemployment claims from 1991-2012.
Ord Dec 2012/Moving to cover consulting and grant match IT
Ord Dec 2012/Moving btw depts to cover grant match
IT/Consulting Streetscape
0.00
0.00
0.00
0.00
Ord Dec 2012/Intern wages
Ord Dec 2012/Add'l wiring supplies PD/Cityhall
Ord Dec 2012/Computer Dias
Ord Dec 2012/PD & Dispatch phone upgrade
0.00
0.00
0.00
0.00
Ord Dec 2012/Adjusting Revenue to Actual
0.00
Ord Dec 2012/Estimated retirement pay out
0.00
0.00
0.00
Transaction Description
FUND 101 - General Government
DEPT 000 - General
REVENUE
101-000-4-669-08 Workers Compensation Refund 0.00 63,920.00
Account Number Description Original Budget New Budget
General Ledger
Budget Adjustment Proof List
rthompson
11/05/2012 - 1:25PM
Fiscal Year:2012
Expense Total:0.00 0.00
DEPT 000 - General Net Amount:650,000.00 753,920.00
Revenue Total:650,000.00 753,920.00
Revenue Total:650,000.00 753,920.00
101-000-6-700-03 Transfer In from 75% S&U Tax 650,000.00 690,000.00
DEPT 401 - Mayor & Council Net Amount:-4,000.00 -3,095.00
DEPT 403 - City Clerk
EXPENSE
Revenue Total:0.00 0.00
Expense Total:4,000.00 3,095.00
Expense Total:4,000.00 3,095.00
DEPT 401 - Mayor & Council
EXPENSE
101-401-5-429-00 Miscellaneous 4,000.00 3,095.00
Expense Total:0.00 4,500.00
DEPT 403 - City Clerk Net Amount:0.00 -4,500.00
Expense Total:0.00 4,500.00
Revenue Total:0.00 0.00
101-403-5-101-01 Temporary Pay 0.00 4,500.00
101-405-5-856-96 Matching Grant Expense 15,000.00 0.00
101-405-5-422-03 Consulting/Engineering 32,000.00 44,500.00
DEPT 405 - Non-Departmental
EXPENSE
101-405-5-421-05 Unemployment Claims 0.00 63,041.00
DEPT 416 - Information Technology
EXPENSE
101-416-5-101-01 Temporary Pay 4,650.00 6,650.00
Expense Total:47,000.00 107,541.00
DEPT 405 - Non-Departmental Net Amount:-47,000.00 -107,541.00
Expense Total:47,000.00 107,541.00
Revenue Total:0.00 0.00
Expense Total:41,455.00 55,885.00
Revenue Total:0.00 0.00
101-416-5-950-21 Capital less than $5,000-PD 9,500.00 18,525.00
101-416-5-940-03 Other Capital-City Clerk 1,000.00 1,905.00
101-416-5-940-00 Other Capital-IT 26,305.00 28,805.00
EXPENSE
101-418-5-101-00 Regular Pay 273,231.00 276,966.00
Revenue Total:7,000.00 10,000.00
DEPT 418 - Community Development
REVENUE
101-418-4-662-01 Rental Income 7,000.00 10,000.00
Expense Total:41,455.00 55,885.00
DEPT 416 - Information Technology Net Amount:-41,455.00 -55,885.00
Expense Total:273,231.00 276,966.00
Expense Total:273,231.00 276,966.00
Revenue Total:7,000.00 10,000.00
8 - amendment detail
User:
Printed:
Transaction DescriptionAccount Number Description Original Budget New Budget
General Ledger
Budget Adjustment Proof List
rthompson
11/05/2012 - 1:25PM
Fiscal Year:2012
0.00
Ord Dec 2012/Recognize add'l revenue
0.00
Ord Dec 2012/Est. retirement pay
Ord Dec 2012/Est. retirement pay
Ord Dec 2012/Adjusting to actual
Ord Dec 2012/Reducing budget
Ord Dec 2012/Reducing budget
Ord Dec 2012/Reducing budget
0.00
0.00
0.00
0.00
Ord Dec 2012/Grants Revenue
0.00
Ord Dec 2012/Open positions-Reducing budget
Ord Dec 2012/Open positions, reducing pay
Ord Dec 2012/Open positions, reducing budget
Ord Dec 2012/Open positions, reducing budget
Ord Dec 2012/Open positions, reducing budget
Ord Dec 2012/Gasoline increase due to price
Ord Dec 2012/Grant expenditure
Ord Dec 2012/Transfering funds for phone upgrade to IT
0.00
0.00
0.00
0.00
Ord Dec 2012/Reimbursement by State for Wildfire gasoline
0.00
Ord Dec 2012/Gasoline increase
Ord Dec 2012/Wiring phone system in new addition
0.00
0.00
0.00
0.00
Ord Dec 2012/Alignment btw depts
Ord Dec 2012/Alignment btw depts
Ord Dec 2012/Alignment btw depts, eqp failure,loss of freon
0.00
0.00
0.00
0.00
DEPT 419 - Engineering
REVENUE
101-419-4-223-01 Building Permits/Engineer Fees 100,000.00 120,000.00
DEPT 418 - Community Development Net Amount:-266,231.00 -266,966.00
101-419-5-422-09 Testing Services 320.00 0.00
101-419-5-120-00 FICA 25,152.00 23,652.00
EXPENSE
101-419-5-101-00 Regular Pay 314,888.00 320,490.00
Revenue Total:100,000.00 120,000.00
Expense Total:352,270.00 354,642.00
Revenue Total:100,000.00 120,000.00
101-419-5-428-01 Telephone 4,800.00 4,000.00
101-419-5-426-05 Photographic Supplies 110.00 0.00
101-419-5-426-01 Office Supplies 7,000.00 6,500.00
EXPENSE
101-421-5-101-00 Regular Pay 1,763,004.00 1,700,910.00
Revenue Total:114,448.00 123,223.00
DEPT 421 - Police Services
REVENUE
101-421-4-334-09 Grants 114,448.00 123,223.00
Expense Total:352,270.00 354,642.00
DEPT 419 - Engineering Net Amount:-252,270.00 -234,642.00
101-421-5-123-00 Group Insurance 341,143.00 317,083.00
101-421-5-121-09 Retirement 143,609.00 139,889.00
101-421-5-120-00 FICA 141,154.00 136,217.00
101-421-5-101-01 Temporary Pay 32,000.00 14,319.00
Expense Total:3,034,295.00 2,927,578.00
Revenue Total:114,448.00 123,223.00
101-421-5-930-00 Machinery & Auto Equipment 126,800.00 118,800.00
101-421-5-911-00 Building & Structures 416,585.00 425,360.00
101-421-5-426-10 Gasoline 70,000.00 75,000.00
EXPENSE
101-422-5-426-10 Gasoline 14,000.00 18,000.00
Revenue Total:0.00 4,000.00
DEPT 422 - Fire Protection Services
REVENUE
101-422-4-441-08 Reimbursed Expense 0.00 4,000.00
Expense Total:3,034,295.00 2,927,578.00
DEPT 421 - Police Services Net Amount:-2,919,847.00 -2,804,355.00
Expense Total:19,400.00 24,405.00
DEPT 422 - Fire Protection Services Net Amount:-19,400.00 -20,405.00
Expense Total:19,400.00 24,405.00
Revenue Total:0.00 4,000.00
101-422-5-428-01 Telephone 5,400.00 6,405.00
101-449-5-426-15 Chemicals 30,000.00 19,500.00
101-449-5-425-04 Maintenance Equipment 12,500.00 2,500.00
DEPT 449 - Aquatic Center
EXPENSE
101-449-5-101-01 Temporary Pay 174,133.00 152,133.00
Expense Total:216,633.00 174,133.00
DEPT 449 - Aquatic Center Net Amount:-216,633.00 -174,133.00
Expense Total:216,633.00 174,133.00
Revenue Total:0.00 0.00
8 - amendment detail
User:
Printed:
Transaction DescriptionAccount Number Description Original Budget New Budget
General Ledger
Budget Adjustment Proof List
rthompson
11/05/2012 - 1:25PM
Fiscal Year:2012
Ord Dec 2012/Recognize donation for rec. eqp for Dakota Nature Park
Ord Dec 2012/Recognize add'l revenue
0.00
Ord Dec 2012/Aligment btw depts
Ord Dec 2012/Add'l expense
Ord Dec 2012/Expenditure for grants rec'd
0.00
0.00
0.00
0.00
Ord Dec 2012/Recognize donation rec'd
Ord Dec 2012/Recognize add'l reimbursed revenue
0.00
Ord Dec 2012/Retirement pay
Ord Dec 2012/Budget realignment
Ord Dec 2012/Budget realignment
Ord Dec 2012/Realignment of budget
Ord Dec 2012/Add'l weed control in parks
Ord Dec 2012/Ballfields extreme need of aglime
Ord Dec 2012/Expense the donation for Arrowhead Park
Ord Dec 2012/Valley View frontage expense per donation
0.00
0.00
0.00
0.00
Ord Dec 2012/Realignment btw depts, eqp failure,loss of freon
Ord Dec 2012/Realignment btw depts
0.00
0.00
0.00
0.00
Ord Dec 2012/Recognize add'l revenue
0.00
Ord Dec 2012/Increased expense
Ord Dec 2012/Increased expense
Ord Dec 2012/increased expense
0.00
0.00
0.00
0.00
DEPT 451 - Recreation
REVENUE
101-451-4-446-10 Donation 0.00 12,760.00
101-451-5-423-05 Advertising/Promotion Fees 9,000.00 9,925.00
Revenue Total:0.00 20,060.00
EXPENSE
101-451-5-101-01 Temporary Pay-Recreation 95,000.00 117,000.00
101-451-4-669-02 Miscellaneous 0.00 7,300.00
Expense Total:124,000.00 162,545.00
DEPT 451 - Recreation Net Amount:-124,000.00 -142,485.00
Expense Total:124,000.00 162,545.00
Revenue Total:0.00 20,060.00
101-451-5-426-07 Recreation Supplies 20,000.00 35,620.00
Revenue Total:0.00 25,914.00
EXPENSE
101-452-5-101-00 Regular Pay 367,046.00 378,699.00
101-452-4-669-02 Miscellaneous Revenue 0.00 8,118.00
DEPT 452 - Parks
REVENUE
101-452-4-446-10 Donations 0.00 17,796.00
101-452-5-426-15 Chemicals 4,000.00 8,000.00
101-452-5-426-11 Oil & Grease Supplies 3,000.00 5,500.00
101-452-5-426-03 General Supplies 40,000.00 45,942.00
101-452-5-424-01 Equipment Rental 3,500.00 5,000.00
Expense Total:543,551.00 628,980.00
Revenue Total:0.00 25,914.00
101-452-5-960-00 Street & Sidewalk Improvements 15,000.00 55,000.00
101-452-5-940-00 Other Capital 108,005.00 125,801.00
101-452-5-426-23 Sand 3,000.00 5,038.00
101-453-5-426-04 Cleaning Supplies 2,000.00 4,000.00
DEPT 453 -
EXPENSE
101-453-5-426-03 General Supplies 3,500.00 14,500.00
Expense Total:543,551.00 628,980.00
DEPT 452 - Parks Net Amount:-543,551.00 -603,066.00
DEPT 454 - Forestry
REVENUE
101-454-4-441-09 Miscellaneous 10,000.00 38,325.00
Expense Total:5,500.00 18,500.00
DEPT 453 - Net Amount:-5,500.00 -18,500.00
Expense Total:5,500.00 18,500.00
Revenue Total:0.00 0.00
101-454-5-426-13 Diesel Fuel 7,000.00 9,000.00
101-454-5-426-11 Oil & Grease Supplies 500.00 1,350.00
EXPENSE
101-454-5-425-03 Maintenance Trucks 6,500.00 8,000.00
Revenue Total:10,000.00 38,325.00
Expense Total:14,000.00 18,350.00
DEPT 454 - Forestry Net Amount:-4,000.00 19,975.00
Expense Total:14,000.00 18,350.00
Revenue Total:10,000.00 38,325.00
8 - amendment detail
User:
Printed:
Transaction DescriptionAccount Number Description Original Budget New Budget
General Ledger
Budget Adjustment Proof List
rthompson
11/05/2012 - 1:25PM
Fiscal Year:2012
Ord Dec 2012/Retirement pay
Ord Dec 2012/Retirement pay
0.00
0.00
0.00
0.00
Ord Dec 2012/increasing to actual expense for fireworks display
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Ord Dec 2012/Transfer to GF for Valley View Park
Ord Dec 2012/2011 capital carried over to 2012
Ord Dec 2012/Transfer appropriation to Parks-Valley View
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Ord Dec 2012/Add'l dispatch postion
Ord Dec 2012/Add'l dispatch position
Ord Dec 2012/Add'l dispatch position
Ord Dec 2012/Add'l dispatch position
Ord Dec 2012/Match grant for remodel
0.00
0.00
0.00
0.00
0.00
0.00
0.00
DEPT 455 - Library
EXPENSE
101-455-5-101-00 Regular Pay 485,043.00 494,466.00
Expense Total:548,943.00 556,347.00
DEPT 455 - Library Net Amount:-548,943.00 -556,347.00
Expense Total:548,943.00 556,347.00
Revenue Total:0.00 0.00
101-455-5-123-00 Group Insurance 63,900.00 61,881.00
DEPT 495 - Subsidies Net Amount:-10,000.00 -12,800.00
Revenue Total:881,448.00 1,095,442.00
Revenue Total:0.00 0.00
Expense Total:10,000.00 12,800.00
Expense Total:10,000.00 12,800.00
DEPT 495 - Subsidies
EXPENSE
101-495-5-856-49 4th of July Subsidy 10,000.00 12,800.00
690,000.00
213-000-7-899-03 Transfer out-Swiftel CIP 338,500.00 474,494.00
FUND 213 - 75% Public Improvemnts/ord
DEPT 000 - General
EXPENSE
213-000-7-899-00 Transfer out General Fund 650,000.00
Expense Total:5,234,278.00 5,326,267.00
FUND 101 - General Government Net Amount:-4,352,830.00 -4,230,825.00
Expense Total:1,090,000.00 1,225,994.00
DEPT 000 - General Net Amount:-1,090,000.00 -1,225,994.00
Expense Total:1,090,000.00 1,225,994.00
Revenue Total:0.00 0.00
213-000-7-899-28 Transfer out to Edgebrook Golf 101,500.00 61,500.00
214-000-5-120-00 FICA 24,300.00 24,937.00
EXPENSE
214-000-5-101-00 Regular Pay 306,748.00 325,971.00
FUND 213 - 75% Public Improvemnts/ord Net Amount:-1,090,000.00 -1,225,994.00
FUND 214 - E911
DEPT 000 - General
Revenue Total:0.00 0.00
Expense Total:1,090,000.00 1,225,994.00
Expense Total:432,463.00 478,883.00
Revenue Total:0.00 0.00
214-000-5-911-00 Buildings & Structures 23,815.00 45,718.00
214-000-5-123-00 Group Insurance 58,541.00 62,698.00
214-000-5-121-09 Retirement 19,059.00 19,559.00
FUND 214 - E911 Net Amount:-432,463.00 -478,883.00
Revenue Total:0.00 0.00
Expense Total:432,463.00 478,883.00
Expense Total:432,463.00 478,883.00
DEPT 000 - General Net Amount:-432,463.00 -478,883.00
8 - amendment detail
User:
Printed:
Transaction DescriptionAccount Number Description Original Budget New Budget
General Ledger
Budget Adjustment Proof List
rthompson
11/05/2012 - 1:25PM
Fiscal Year:2012
Ord Dec 2012/2011capital project carried over to 2012
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Ord Dec 2012/Reduce the expense for 25th Ave. const.
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Ord Dec 2012/Recognize loan proceeds for drainage projects
0.00
Ord Dec 2012/Recognize add'l expense for Nelson, Pheasant Nest & Camelot Project
Ord Dec 2012/Recognize add'l expense for Nelson, Pheasant Nest & Camelot Project
Ord Dec 2012/Recognize loan payment
Ord Dec 2012/Recognize loan payment
Ord Dec 2012/Recognize land purchase S of 15th St S for Camelot
Ord Dec 2012/Reduce storm sewer improvement cost
0.00
0.00
0.00
0.00
0.00
0.00
0.00
REVENUE
224-000-6-700-04 Transfer in Sales & Use Tax 338,500.00 474,494.00
FUND 224 - Swiftel Center
DEPT 000 - General
Revenue Total:338,500.00 474,494.00
Expense Total:0.00 0.00
Expense Total:0.00 0.00
DEPT 000 - General Net Amount:338,500.00 474,494.00
Revenue Total:338,500.00 474,494.00
Revenue Total:338,500.00 474,494.00
Expense Total:1,580,000.00 1,280,000.00
Revenue Total:0.00 0.00
EXPENSE
280-000-5-960-00 Street & Sidewalk Improvements 1,580,000.00 1,280,000.00
FUND 224 - Swiftel Center Net Amount:338,500.00 474,494.00
FUND 280 - Special Assessment
DEPT 000 - General
REVENUE
282-000-4-663-50 Proceeds SRF Loan 320,000.00 1,940,000.00
FUND 280 - Special Assessment Net Amount:-1,580,000.00 -1,280,000.00
FUND 282 - Storm Drainage
DEPT 000 - General
Revenue Total:0.00 0.00
Expense Total:1,580,000.00 1,280,000.00
Expense Total:1,580,000.00 1,280,000.00
DEPT 000 - General Net Amount:-1,580,000.00 -1,280,000.00
282-000-5-470-11 Principal Payment-SRF Loan 0.00 10,822.00
282-000-5-425-10 Maintenance Storm Sewer 65,000.00 85,000.00
282-000-5-422-03 Consulting/Engineering 100,000.00 250,000.00
Revenue Total:320,000.00 1,940,000.00
EXPENSE
Expense Total:2,015,000.00 1,879,767.00
Revenue Total:320,000.00 1,940,000.00
282-000-5-980-00 Storm Sewer Improvements 1,850,000.00 1,500,000.00
282-000-5-910-00 Land 0.00 15,156.00
282-000-5-470-12 Interest Payment-SRF Loan 0.00 18,789.00
FUND 282 - Storm Drainage Net Amount:-1,695,000.00 60,233.00
Revenue Total:320,000.00 1,940,000.00
Expense Total:2,015,000.00 1,879,767.00
Expense Total:2,015,000.00 1,879,767.00
DEPT 000 - General Net Amount:-1,695,000.00 60,233.00
8 - amendment detail
User:
Printed:
Transaction DescriptionAccount Number Description Original Budget New Budget
General Ledger
Budget Adjustment Proof List
rthompson
11/05/2012 - 1:25PM
Fiscal Year:2012
Ord Dec 2012/Grant revenues adjusted to anticipate work on phase 1
Ord Dec 2012/Revenue for sale of Pitts property reduced to actual
0.00
Ord Dec 2012/Workmens Comp reduced to actual
Ord Dec 2012/Adjusting auditing cost for grant expenditures
Ord Dec 2012/Reducing cost for less snow removal expense
Ord Dec 2012/Moving to gasoline line item
Ord Dec 2012/Adjusting line items
Ord Dec 2012/Reducing to cover loss of revenue on land sale
Ord Dec 2012/Reducing expense for loss of revenue for sale of property
Ord Dec 2012/Reducing expense
Ord Dec 2012/Adjusting to anticipated spend for phase 1 in 2012
0.00
0.00
0.00
0.00
0.00
0.00
0.00
Ord Dec 2012/Adjusting revenue lines to actual
Ord Dec 2012/Adjusting revenue lines for new fee structure
Ord Dec 2012/Adjusting revenue lines for new fee structure
Ord Dec 2012/Adjusting revenue lines for new fee structure
Ord Dec 2012/Adjusting revenue lines for new fee structure
Ord Dec 2012/Adjusting revenue lines to actual
Ord Dec 2012/Adjusting revenue lines to actual
Ord Dec 2012/Adjusting revenue lines for new fee structure
Ord Dec 2012/Adjusting revenue lines for new fee structure
Ord Dec 2012/Adjusting revenue lines for new fee structure
Ord Dec 2012/Adjusting revenue lines for new fee structure
Ord Dec 2012/Adjusting revenue lines for new fee structure
Ord Dec 2012/Lower transfer for Everist Pond Irrigation
0.00
Ord Dec 2012/Adjusting according to contract for Pro
Ord Dec 2012/Reduce capital project/Everist pond irrigation
0.00
0.00
0.00
0.00
0.00
0.00
0.00
REVENUE
606-000-4-334-09 Grants 4,256,782.00 3,100,130.00
FUND 606 - Airport
DEPT 000 - General
606-000-5-422-02 Contracted Auditing Services 2,400.00 4,000.00
Revenue Total:4,276,782.00 3,104,140.00
EXPENSE
606-000-5-130-00 Workmans Compensation 3,723.00 2,123.00
606-000-4-664-00 Sale of Fixed Assets 20,000.00 4,010.00
606-000-5-427-01 Travel & Lodging 6,000.00 3,000.00
606-000-5-426-10 Gas 2,800.00 3,300.00
606-000-5-426-03 General Supplies 4,774.00 3,774.00
606-000-5-425-09 Maintenance Grounds 27,036.00 18,000.00
Expense Total:4,400,388.00 3,204,085.00
Revenue Total:4,276,782.00 3,104,140.00
606-000-5-940-00 Other Capital 4,343,655.00 3,163,388.00
606-000-5-428-03 Heat 6,000.00 3,500.00
606-000-5-427-02 Registration & Training 4,000.00 3,000.00
FUND 606 - Airport Net Amount:-123,606.00 -99,945.00
FUND 607 - Edgebrook Golf Course
DEPT 000 - General
Revenue Total:4,276,782.00 3,104,140.00
Expense Total:4,400,388.00 3,204,085.00
Expense Total:4,400,388.00 3,204,085.00
DEPT 000 - General Net Amount:-123,606.00 -99,945.00
607-000-4-346-18 Golf Carts-Senior 9 holes 2,000.00 0.00
607-000-4-346-15 Season Tickets-Family/children 10,000.00 5,703.00
607-000-4-346-14 Season Tickets-Family no child 16,000.00 7,999.00
REVENUE
607-000-4-346-04 Green Fees-Executive Course 6,000.00 13,554.00
607-000-4-346-24 Golf Carts-Season Tickets 22,000.00 15,068.00
607-000-4-346-21 Golf Carts-18 holes 1/2 price 11,000.00 14,091.00
607-000-4-346-20 Golf Carts-9 holes 1/2 price 15,000.00 16,219.00
607-000-4-346-19 Golf Carts-Senior 18 holes 1,000.00 0.00
607-000-4-346-41 Golf Cart/Driving Range-Single 0.00 3,876.00
607-000-4-346-33 Golf Cart Pkg-Family w/o child 0.00 3,344.00
607-000-4-346-32 Golf Cart Package-Senior 0.00 5,497.00
607-000-4-346-31 Golf Cart Package-Single 0.00 11,791.00
607-000-5-940-00 Other Capital 40,000.00 0.00
Revenue Total:184,500.00 158,642.00
EXPENSE
607-000-5-422-04 Contracting Services/Pro 85,500.00 103,000.00
607-000-6-700-09 Transfer in 75% Public Improve 101,500.00 61,500.00
Revenue Total:184,500.00 158,642.00
Expense Total:125,500.00 103,000.00
Expense Total:125,500.00 103,000.00
DEPT 000 - General Net Amount:59,000.00 55,642.00
Expense Total:125,500.00 103,000.00
Revenue Total:184,500.00 158,642.00
FUND 607 - Edgebrook Golf Course Net Amount:59,000.00 55,642.00
8 - amendment detail
User:
Printed:
Transaction DescriptionAccount Number Description Original Budget New Budget
General Ledger
Budget Adjustment Proof List
rthompson
11/05/2012 - 1:25PM
Fiscal Year:2012
Ord Dec 2012/Adjusting rental revenue for loss of tenant
0.00
Ord Dec 2012/Adjusting for building improvement
0.00
0.00
0.00
0.00
0.00
0.00
0.00
630-000-5-911-00 Buildings & Structures 0.00 12,171.00
Revenue Total:135,000.00 100,881.00
EXPENSE
REVENUE
630-000-4-848-12 Rentals 135,000.00 100,881.00
FUND 630 - Research & Tech Center
DEPT 000 - General
FUND 630 - Research & Tech Center Net Amount:135,000.00 88,710.00
GL-Budget Adjustment Proof List (11/5/2012 - 1:25 PM)
Revenue Total:135,000.00 100,881.00
Expense Total:0.00 12,171.00
Expense Total:0.00 12,171.00
DEPT 000 - General Net Amount:135,000.00 88,710.00
Expense Total:0.00 12,171.00
Revenue Total:135,000.00 100,881.00
November 13, 2012
City of Brookings
34
Second Readings & Public Hearings
9. Public Hearing and action on Ordinance No. 26-12, an Ordinance rezoning
Blocks 3, 4, 5, 6, and 8, excluding Lots 1A and 5 of Block 8, Wiese Addition,
from a Business B-4 and B-5 District to a Planned Development District.
Legal: Blocks 3-6 and 8, excluding Lots 1A and 5 of Block 8, Wiese Addition
Proposal: Rezone several blocks in the Wiese Addition to a Planned Development District (PDD)
Background: Except for the South Dakota Department of Transportation (SDDOT) shop,
development in the Wiese Addition began in 1993. The original plan was to establish the Wiese
Industrial Park with highway businesses fronting along Highway 14. This plan was modified in
the mid 1990s when the City decided to erect an events center and the Research and
Technology (R&T) Center. In July of 1997, much of the I-1 District was rezoned to a Business B-4
District to accommodate the new plan. Shortly thereafter, the ice arena was constructed north
of the events center.
In the late 1990s, the SDDOT began looking for a new site for their shop. In order to protect,
aesthetically, one of our major gateways into the city, we requested that the SDDOT land be
rezoned to a PDD. This was accomplished in 2000. As you know, the SDDOT did leave but never
sold the property.
Another change occurred in 2003, when discussions focused on creating a business and research
park. As a result, land near I-29 was rezoned to a B-5 Planned Research and Business District and
a new zoning district was established in the zoning ordinance. However, the university, city, and
other entities began discussing a university based research park at the same time, and
eventually, the SDSU Innovation Campus Addition was created. At this time, two (2) business
oriented companies have located in the B-5 District, Capital Card Services and the South Dakota
Newspaper Association.
Specifics: New development proposals around the Swiftel Center have caused us to examine the
flexibility of a Planned Development District zoning for the area. The maps indicate the current
and proposed PDD areas and the existing buildings. Several aerial photographs and conceptual
plans depict future street plans, general building plots, and a conference center/hotel attached
to the Swiftel Center. A PDD has been beneficial for mixed uses such as the Children’s Museum,
1921 Middle School building, Village Square Addition, and the Old Sanctuary. As a developing
entertainment venue and destination point, a PDD could provide options for future uses around
the Swiftel Center.
Recommendation: The Planning Commission voted 8 yes and 0 no to recommend approval of
the rezoning.
City Manager Recommendation
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
November 13, 2012
City of Brookings
35
Ordinance No. 26-12
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:
Blocks 3, 4, 5, 6, and 8, excluding Lots 1A and 5 of Block 8, Wiese Addition
be and the same is hereby rezoned and reclassified from a Business B-4 and B-5 District to a
Planned Development District
In accordance with Section 94-7 of Article I of Ordinance 25-02 of the Code of Ordinances of
Brookings, South Dakota, as said districts are more fully set forth and described in Articles III
and IV, Chapter 94 of Ordinance No. 25-02 of the City of Brookings, South Dakota.
Section 2. The permitted use of the property heretofore described be and the same is hereby
altered and changed in accordance herewith pursuant to said Ordinance No. 25-02 of the City
of Brookings, South Dakota.
Section 3. All sections and ordinances in conflict herewith are hereby repealed.
First Reading October 23, 2012
Second Reading and Adoption November 13, 2012
Published November 16, 2012
CITY OF BROOKINGS
________________________
Tim Reed, Mayor
ATTEST:
________________________
Shari Thornes, City Clerk
November 13, 2012
City of Brookings
36
Development History
DATE ACTION NOTES
1965 Building construction SDDOT Shop (in county)
1967 Annexation – South 700 feet
1991 Annexation – balance of ¼ section
3-1991 Rezoning – SW 1/4 of SE ¼ (SDDOT land)Ag & R-1A to I-1
3-1991 Rezoning – South 700 feet R-1A to B-4
4-1991 Preliminary Plat of SE ¼ excluding SDDOT land
4-1991 Plat – Blocks 1, 2, and 3 all except SDDOT land
4-1991 Rezoning – Block 3 Ag to I-1R
10-1993 Plat – Blocks 3-8 & Lot 1, Block 7 included 10th St. & 32nd Ave ROWs
1993 Building Permit Midwest Micro-Tek
11-1993 I-1R Site Plan – Lot 1, Block 7 BEDC Spec Bldg
1-1997 I-1R Site Plan – Block 5 BMU Substation
1997 Building Permit Multi-plex Arena and County
Resource Center
1997 Building Permit R & T Center
4-1997 Plat – Lot 2, Block 7 GHP lot
6-1997 I-1R Site Plan – Lot 2, Block 7 GHP expansion
1997 Building Permit GHP
7-1997 Rezoning – Blocks 3-7 I-1R to B-4
(excl. lots 1 & 2, Blk 7)
4-1999 I-1R Site Plan – Lot 2, Block 7 GHP expansion
4-1999 Building Permit GHP
2-2000 Street Vacation 10th Street
9-2000 Rezoning – SW ¼ of SE ¼; (SDDOT land) I-1 to PDD
4-2001 I-1R Site Plan – Lot 2, Block 7 GHP expansion
2001 Building Permit GHP
2001 Building Permit Larson Ice Center
4-2003 I-1R Site Plan – Lot 2, Block 7 GHP expansion
2003 Building Permit GHP
7-2003 Rezoning – Blocks 3 & 8 I-1 & I-1R to B-5
7-2003 Plat – Lot 1, Block 8 Capital Card lot
2003 Building Permit Capital Card Services
11-2005 Plat - Lot 2, Block 8 Capital Card lot
2005 Building Permit Capital Card expansion
12-2005 Plat – Lot 5, Block 8 SD Newspaper Assn. lot
10-2006 I-1R Site Plan – Lot 1, Block 7 Brookings Applied Tech. lot
2006 Building Permit Brookings Applied Tech.
(behind Midwest Micro-Tek)
2007 Building Permit SD Newspaper Assn.
5-2007 Plat – Block 9 SDDOT land
11-2011 Plat – Lot 1, Block 1 Whiskey Creek lot
9-2012 Plat – Lots 2 & 3, Block 1 Future business uses
November 13, 2012
City of Brookings
37
Mailing List
City of Brookings Larson Ice Arena c/o Pete Colson Brookings, SD 57006
R & T Center c/o Mike Struck Brookings, SD 57006
Swiftel Center c/o Tom Richter Brookings, SD 57006
County Offices c/o S. Ellwein Brookings, SD 57006
Capital Card Center 3101 Capital Street 500 60th St. North Sioux Falls, SD 57104
Newspaper Assoc. 1125 22nd Avenue 1125 22nd Avenue Brookings, SD 57006
Jeppeson, Inc. 1121 32nd Avenue 1000 32nd Avenue Brookings, SD 57006
bel brands USA, Inc. 1313 34th Avenue 811 32nd Avenue Brookings, SD 57006
Bkgs. Applied Tech. 1010 32nd Avenue 1010 32nd Avenue Brookings, SD 57006
Bkgs. Bio-Tech 1006 32nd Avenue 1006 32nd Avenue Brookings, SD 57006
Jeppesen, Inc. 1000 32nd Avenue 1000 32nd Avenue Brookings, SD 57006
Cooks Wastepaper 1026 34th Avenue 1026 34th Avenue Brookings, SD 57006
Waste Connections 1026 34th Avenue 2295 Iron Pt. Rd #220 Folsom, CA 95630
Telkamp Fam. Trust 2606 34th Avenue 2606 34th Avenue Brookings, SD 57006
B&R Arendsee, Inc. 728 34th Avenue 178 South Lake Dr. Arlington, SD 57212
Andrew Vrchota 716 34th Avenue 716 34th Avenue Brookings, SD 57006
Lester Clark 704 34th Avenue 704 34th Avenue Brookings, SD 57006
Prairieland Partners 621 32nd Avenue 5003 Bruce Avenue Edina, MN 55424
State of SD 3031 6th Street 700 E. Broadway Av Pierre, SD 57501
Wild West, Inc. 621 32nd Avenue PO Box 1630 Kearney, NE 68848
November 13, 2012
City of Brookings
38
Planning Commission
Brookings, South Dakota
October 2, 2012
OFFICIAL MINUTES
Chairperson Wayne Avery called the regular meeting of the City Planning Commission to
order on Tuesday, October 2, 2012, at 5:30 PM in the Chambers Room on the third floor of the
City & County Government Center. Members present were Hal Bailey, Mike Cameron, Donna
DeKraai, Greg Fargen, Alan Gregg, Al Heuton, John Sydow, and Avery. Kristi Tornquist was
absent. Also present were Community Development Director Mike Struck and Planning and
Zoning Administrator Dan Hanson.
Item #3 – The City of Brookings has submitted a petition to rezone Blocks 3, 4, 5, 6, and 8,
excluding Lots 1A and 5 of Block 8, Wiese Addition from a Business B-4 and B-5 District to a
Planned Development District.
(Heuton/DeKraai) Motion to approve the rezoning. All present voted aye. MOTION
CARRIED.
SUMMARY OF DISCUSSION
Item #3 – Hanson summarized the development history of the Wiese Addition. Master plans
had been implemented since the early 1990s but were modified several times to accommodate
new proposals and concepts. Previous plans included an industrial park, a large highway
business district, and a business and research park.
The new proposal would create a large Planned Development District (PDD) that would
allow developers and the city to create a mix of uses. These uses would likely support the
existing entertainment venues in the area. The PDD was created to provide flexibility in the
design, function, and placement of new buildings.
Cameron asked if the PDD allowed for area regulation changes. Hanson replied yes.
Heuton preferred to recommend a PDD without stipulating a specific district as the underlying
zone. He felt this could be done at a later time in conjunction with a developer’s proposal. The
Planning Commission concurred.
November 13, 2012
City of Brookings
39
Sec. 94-163 PLANNED DEVELOPMENT DISTRICT
(a) Intent. It is the intent of this PDD planned development district to provide flexibility from
conventional zoning regulations with increased public review for Planned Development District
projects in order to:
1) Encourage well-planned, efficient urban development.
2) Allow a planned and coordinated mix of land uses which are compatible and
harmonious, but were previously discouraged by conventional zoning procedures.
3) Encourage more creative, higher quality and more ecologically sensitive urban design
with special consideration given to projects which incorporate desirable design features
such as underground parking, orientation or design to take advantage of passive solar
energy, environmental preservation, historic preservation, handicapped accessible
structures, unique use of open spaces, or other desirable design features.
4) Improve communication and cooperation among the City of Brookings land developers
and interested residents in the urbanization of new lands and the renewal of existing
deteriorated areas.
(b) Scope of section provisions. The regulations set forth in this section are the district
regulations in the Planned Development District, hereafter sometimes referred to as "PDD".
(c) Compliance with the Master Plan. The development within the Planned Development
Districts (PDD) shall comply with the policies and design standards of the existing city Master
Plan. Said developments and adjacent projected developments shall be mutually compatible.
(d) Planned Development District. Zoning: Applications for a change of zoning to a Planned
Development District shall be subject to the requirements of Section 94-7.
(e) Initial Development Plan. A request for a rezoning to a Planned Development District shall
be accompanied by an initial development plan. Said plan shall be submitted at least twenty
(20) days prior to the Planning Commission meeting in which it is to be heard. The Planning
Commission shall review the initial development plan and forward its recommendation, with or
without modifications, to the City Council. The following information shall be specified on the
initial development plan:
1) Project name and legal description.
2) A preliminary subdivision plan in compliance with all applicable subdivision regulations.
3) The proposed development scheme showing the following information:
a. The proposed land uses including the number and type of proposed residential
buildings, the proposed number of dwelling units per building, the number and type
of any proposed nonresidential buildings, and their square footage.
b. The proposed maximum density of the development, which shall not exceed the
density allowed in the traditional zoning districts for similar uses. Where unique
physical, environmental or design characteristics exist or are proposed, lesser
densities may be desirable.
c. The proposed maximum height, which shall not be greater than those required in
the traditional zoning districts for similar uses. Where unique physical,
environmental or design characteristics exist or are proposed, lesser heights may be
desirable.
November 13, 2012
City of Brookings
40
d. Proposed design features illustrating compatibility with the surrounding
environment and neighborhood.
e. Anticipated sub-area development sequence.
(f) Final Development Plan. Prior to obtaining building permits for construction on any lots in
the PDD, a final development plan shall be submitted to the Planning Commission, which
shall have sole authority to approve, amend, or deny said plan. The final development plan
may be submitted in conjunction with the initial development plan for concurrent approval
on any sub-areas the developer is ready to commit to a final plan. All the information
required for both an initial and final development plan shall be shown for the areas
submitted for concurrent approval. The final development plan shall be a scaled,
reproducible drawing showing the following information:
1) The subdivision name, the legal description, and individual project name (if any).
2) Boundaries of any sub-area or sub-areas submitted for approval superimposed on the
map of the initial development plan.
3) A subdivision plan of the sub-area or sub-areas submitted for approval in compliance
with all applicable subdivision regulations.
4) The development standards for the area or sub-areas based on the requirements in one
or more of the traditional zoning districts.
5) The size, location and elevation of all proposed structures including height and number
of units.
6) The calculated floor area for each structure and each use within said structure.
7) Off-street parking lot arrangement designating all parking and stacking spaces, off-street
loading spaces, and any outdoor trash container space.
8) Any sidewalks, bikeways or other paths and any areas reserved for recreation activities
such as basketball and volleyball courts.
9) Any outdoor lighting type and location except for standard street lights provided by the
city.
10) A landscaping plan showing the type and location of any walls, fences or berms, the
placement, size, and species of any trees or shrubs, and areas that will be sod or seeded.
11) All existing and proposed utilities, drainage ways and watercourses.
12) All curb cuts and private drives.
13) Adjacent existing and proposed uses.
(g) Amendments. Requests for changes within a PDD shall be submitted as an overlay on
the initial or final development plan. Amendments shall be classified as follows:
1. Major Amendments: The following changes are considered major amendments:
a. Any change in the proposed use(s) of land or buildings.
b. A major change in the street plan.
c. An increase of twenty percent (20%) or more in the total density of the development.
2. Minor Amendments: The following changes are considered minor amendments:
a. Any adjustment in the dimensions of a building (length, width or height).
b. Any change in the number or location of access drives.
c. Any decrease in required landscape areas, buffer zones or other open areas.
November 13, 2012
City of Brookings
41
d. A minor change in the street plan.
e. Any increase of less than twenty percent (20%) in the density of any area or sub-area.
f. Any major change in the exterior design features of a building.
g. Any change in the size or location of signs.
3. Minimal amendments: The following changes are considered minimal amendments:
a. Any minor adjustment within a building which involves a more intensive use.
b. Any change in the location of outdoor lighting, sidewalks or bikeways, recreation
areas or loading docks.
(h) Procedure For Amendments. Amendments to the PDD shall be subject to the following
review procedures
1. Major amendments: Major amendments to the initial and/or final development plan
shall be required to be approved as an amendment to the Zoning Ordinance, requiring
the Planning Commission's review, the City Council’s approval, and public notice in
accordance with Section 94-7.
2. Minor amendments: Minor amendments to the initial and/or final development plan
shall be required to be approved by the Planning Commission at a hearing for which
notice has been published in a locally circulated newspaper at least one week prior to
the Planning Commission meeting. Minor amendments to the initial development plan
may also be made by the submission and approval of a final development plan which is
changed from the approved initial development plan.
3. Minimal amendments: Minimal amendments to the final development plan shall be
submitted to the zoning officer on a reproducible development plan showing the
requested changes. The zoning officer may then approve said changes in writing if they
deem it appropriate.
November 13, 2012
City of Brookings
46
Second Readings & Public Hearings
10. Public hearing and action on an application for an Off-Sale Malt license for
Heist Brewing Co., LLC, Thomas Strubel, owner, 611 2nd St. So., Brookings,
South Dakota (Legal: E 33’ of Lot 7, Block 1, Folsom Addition).
The City of Brookings has received an application for an Off-Sale Malt Beverage License for
Heist Brewing Co., LLC, 611 2nd St. So., from Thomas Strubel, owner. Legal description: E
33’ of Lot 7, Folsom Addition. All the required documents have been submitted for this
application. A public hearing and action by the local governing body is required to approve
a Malt Beverage License. If approved, the application would be forwarded to the State
Department of Revenue for final action and issuance of the license. Staff recommends
approval.
Further Information: SDCL 35-2-1.2 provides all applications for retail licenses …shall be
submitted to the governing board of the municipality within which the applicant intends to
operate…The governing board: “shall have discretion to approve or disapprove the
application depending on whether it deems the applicant a suitable person to hold such
license and whether it considers the proposed location suitable.”
SDCL 35-2-6.2 provides the “character” requirements for alcoholic beverage licensees:
“Any license under this title…must be a person of good moral character, never convicted of
a felony, and, if a corporation, the managing officers thereof must have like qualifications.”
Procedure for issuance of licenses: Procedurally, SDCL 35-2-3 provides that “no license for
the on or off-sale at retail of alcoholic beverages…shall be granted to an applicant for any
such license, except after public hearing, upon notice.” SDCL 35-2-5 provides the procedure
for the time and place of hearing and for publication of notice. If an application for a license
is refused, “no further application may be received from a person until after the expiration
of one year from the date of a refused application.”
City Ordinances:
Listed below is Chapter 5, Article 2, Section 5-20 of the City Code of Ordinances pertaining
to Application Review Procedure.
The City Council shall review all applications submitted to the City for available On-Sale
Alcoholic Beverage Agreements and for On-Sale Malt Beverage and Wine Licenses in
accordance with SDCL 35-2 and in accordance with the following factors:
a. Type of business which applicant proposes to operate: On-Sale Alcoholic Beverage
Operating Agreements and On-Sale Malt Beverage and Wine Licenses may not be
issued to convenience grocery stores, gas stations, 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
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47
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
November 13, 2012
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Other Business
11. Action to approve the South Dakota Outdoor Adventure Center’s final
location, exterior design, site improvements and landscaping in the
Dakota Nature Park.
TO: Mayor and City Council Members
FROM: Jeff Weldon, City Manager
RE: Final approval of certain conditions, SD Outdoor Adventure Center
Pursuant to the lease approved by the City Council in 2010, the Council reserved final
approval of two items prior to the project proceeding to construction. Those conditions
are enumerated in Sections 3 and 4 of the Land Lease Agreement. That document is
attached and excerpts from the applicable sections are as follows:
Section 3: Location
. . . occupying an area no larger than five acres . . . The specific location of the
building shall be approved by the CITY prior to construction.
Section 4: BOLC Building design
The facility shall include classrooms, indoor archery and firearms training
facilities, office, storage, and mechanical space, and restrooms. The building’s
exterior design, site improvements, and landscaping shall be approved by the
CITY . . . and shall be designed so a public restroom is accessible, to the users of
the Nature Park.
The City Council needs to make a finding that such conditions are satisfied in the final
plans. There are several other provisions which require City approval at the staff review
level, but these two considerations should be reviewed and approved by the City
Council.
At the time of this packet’s deadline, the applicant had just submitted final plans which
are under review. Such review will be completed by the Council meeting.
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
November 13, 2012
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Other Business
12. Presentation of Third Quarter Financial Reports by Brookings Municipal
Utilities.
Representatives of Brookings Municipal Utilities will provide the City Council and public
with a financial report and update on current and pending issues.
Action: Informational
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Other Business
13. 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.
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Executive Session
14. Executive Session for purposes of discussing marketing or pricing
strategies by a board or commission of a business owned by the state or
any of its political subdivisions, where public discussions would be
harmful to the competitive position of the business.
1-25-2. Executive or closed meetings--Purposes--Authorization--Misdemeanor.
Executive or closed meetings may be held for the sole purposes of:
1) Discussing the qualifications, competence, performance, character or fitness of
any public officer or employee or prospective public officer or employee. The
term “employee” does not include any independent contractor;
2) Discussing the expulsion, suspension, discipline, assignment of or the
educational program of a student;
3) Consulting with legal counsel or reviewing communications from legal counsel
about proposed or pending litigation or contractual matters;
4) Preparing for contract negotiations or negotiating with employees or employee
representatives;
5) Discussing marketing or pricing strategies by a board or commission of a
business owned by the state or any of its political subdivisions, when public
discussion may be harmful to the competitive position of the business.
However, any official action concerning such matters shall be made at an open official
meeting. An executive or closed meeting shall be held only upon a majority vote of the
members of such body present and voting, and discussion during the closed meeting is
restricted to the purpose specified in the closure motion. Nothing in § 1-25-1 or this
section may be construed to prevent an executive or closed meeting if the federal or
state Constitution or the federal or state statutes require or permit it. A violation of this
section is a Class 2 misdemeanor.
Source: SL 1965, ch 269; SL 1980, ch 24, § 10; SL 1987, ch 22, § 1.
Action: Motion to enter executive session – voice vote
Motion to leave executive session – voice vote
November 13, 2012
City of Brookings
65
Executive Session
15. Executive Session for purposes regarding employee union contract
negotiations.
1-25-2. Executive or closed meetings--Purposes--Authorization--Misdemeanor.
Executive or closed meetings may be held for the sole purposes of:
1) Discussing the qualifications, competence, performance, character or fitness of
any public officer or employee or prospective public officer or employee. The
term “employee” does not include any independent contractor;
2) Discussing the expulsion, suspension, discipline, assignment of or the
educational program of a student;
3) Consulting with legal counsel or reviewing communications from legal counsel
about proposed or pending litigation or contractual matters;
4) Preparing for contract negotiations or negotiating with employees or employee
representatives;
5) Discussing marketing or pricing strategies by a board or commission of a
business owned by the state or any of its political subdivisions, when public
discussion may be harmful to the competitive position of the business.
However, any official action concerning such matters shall be made at an open official
meeting. An executive or closed meeting shall be held only upon a majority vote of the
members of such body present and voting, and discussion during the closed meeting is
restricted to the purpose specified in the closure motion. Nothing in § 1-25-1 or this
section may be construed to prevent an executive or closed meeting if the federal or
state Constitution or the federal or state statutes require or permit it. A violation of this
section is a Class 2 misdemeanor.
Source: SL 1965, ch 269; SL 1980, ch 24, § 10; SL 1987, ch 22, § 1.
Action: Motion to enter executive session – voice vote
Motion to leave executive session – voice vote
November 13, 2012
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66
16. Adjourn.