HomeMy WebLinkAbout2011_10_25 CC PKT
Brookings City Council
Tuesday, October 25, 2011
5:00 p.m. Work Session
6:00 p.m. Regular Meeting
City Hall Council Chambers
311 Third Avenue
The City of Brookings is committed to providing a high quality of life for its citizens and fostering a
diverse economic base through innovative thinking, strategic planning, and proactive, fiscally responsible
municipal management.
5:00 p.m. WORK SESSION
Work sessions are open to the public. During the work session the city staff would brief the council on items for that
particular meeting, introduce future topics, and provide a time for Council members to introduce topics.
1. Executive Session for purposes of consulting with legal counsel on pending litigation.
(Location: Main Floor Meeting Room)
Motion to enter executive session –voice vote
Motion to leave executive session – voice vote
2. Potential acquisition of South Dakota Department of Transportation (DOT) old
maintenance shop located on Highway 14 between I-29 and 32nd Avenue.
3. City Council Member Ex-Officio Reports.
4. Joint Powers Board members’ Report.
5. City Council member introduction of topics for future discussion.
6. Review of Council Agenda, Invites and Obligations.
*Any Council member may request discussion of any issue at a future meeting only. Items cannot be added for action at
this meeting. A motion and second is required stating the issue, requested outcome, and time. A majority vote is required.
6:00 p.m. REGULAR MEETING
1. Call to order.
2. Pledge of Allegiance.
3. Record of Council Attendance.
4. Action to approve the following Consent Agenda Items:*
A. Action to approve the agenda.
B. Action to approve City Council minutes.
C. Action to hold a special City Council meeting on November 15th from 5:00 to
7:00 p.m. regarding the Brookings Municipal Liquor Store.
D. Action on Resolution No. 121-11, a Resolution cancelling certain outstanding
checks.
E. Action on Resolution No. 122-11, a Resolution authorizing Change Order No. 1
(CCO#1 Final) for 2010-04SSI, Southland Lane Landscaping Project,
Groundwater, Inc. (Increase of $0.00).
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.
5. Items removed from Consent Agenda.
Open Forum/Presentations/Reports
6. Open Forum.
7. SDSU Student Senate Report.
Contracts/Change Orders.
8. Action on Resolution No. 129-11, a Resolution authorizing Change Orders for the Joint
City/County Administration Building.
Action: Motion to approve, Request Public Comment, Roll Call
9. Action to approve a Memorandum of Understanding by and between the City of
Brookings, a South Dakota municipality under the laws of the State of South Dakota,
and the South Dakota State University Foundation and South Dakota State University
for the McCrory Gardens Education and Visitor Center, South Dakota State University.
Action: Motion to approve, Request Public Comment, Roll Call
10. Action on Resolution No. 123-11, a Resolution awarding bids on Agricultural Land Rent.
Action: Motion to approve, Request Public Comment, Roll Call
First Readings:
11. Ordinance No. 18-11: An Ordinance of the City of Brookings, South Dakota, repealing
Ordinance No. 22-05, Establishing the Retail Economic Development Investment Fund,
providing for its funding; providing for its use and providing for its Rules and Regulations.
Second Reading: November 22nd
12. Ordinance No. 19-11: An Ordinance rezoning Lot 2, Block 2, Telkamp Addition from a
Residence R-3 District to a Planned Development District (PDD), (2400 Block of 10th
St.).
Public Hearing: November 22nd
13. Ordinance No. 20-11: An Ordinance for an application for Conditional Use Permit to
establish a major home occupation (chiropractic office) in a Residence R-2 District on
Lot 20, Block 12, East Medary Addition (1513 Orchard Drive).
Public Hearing: November 22nd
Second Readings / Public Hearings
14. Public hearing and action on Resolution No. 124-11, a Resolution of Intent to Lease Real
Property (Airport Hayland).
Action: Open and close public hearing, Motion to approve, Roll Call
15. Public hearing and action on Resolution No. 125-11, a Resolution of Intent to Lease Real
Property in Wiese and Freeland Additions.
Action: Open and close public hearing, Motion to approve, Roll Call
16. Public Hearing and action on Resolution No. 130-11, a Resolution for special
assessments for weed cutting, tree removal, debris removal, and snow removal.
Action: Open and close public hearing, Motion to approve, Roll Call
17. Public Hearing and action on Resolution No. 126-11, a Resolution of necessity for
sidewalks.
Action: Open and close public hearing, Motion to approve, Roll Call
18. Public Hearing and action on Resolution No. 127-11, a Resolution authorizing the
issuance of Electric Revenue Bonds; pledging certain revenues of the City to the
payment of said Bonds; authorizing officers of the City to approve, execute and deliver
certain Agreements and Documents relating to the Bonds.
Action: Open and close public hearing, Motion to approve, Roll Call
Alcohol Licenses
19. Action on Resolution No. 128-11, a Resolution establishing the fee ($100,000) for the
Issuance of Operating Agreements in the City of Brookings.
Action: Motion to approve, Request Public Comment, Roll Call
20. Public hearing and action on the issuance of either On-Sale Liquor Operating Agreement
or On-Sale Restaurant Liquor License to BraVo’s, Kip and Michelle Pharis, Owners, 610
Medary Avenue, Brookings, South Dakota, legal description: Lots 3-4-5, Randi Peterson
Addition.
Action: Open and close public hearing, Motion to approve, Roll Call
Other Business
21. Action on proposed amendments to the City of Brookings Governance and Ends Policies.
Action: Motion to approve, Request Public Comment, Roll Call
22. Discussion and possible action on a supplemental loan to the SDSU Innovation
Campus/Growth Partnership.
Action: Motion to approve, Request Public Comment, Roll Call
23. Executive Session for Consulting with legal counsel or reviewing communications from
legal counsel about proposed or pending litigation or contractual matters.
24. Adjourn.
Brookings City Council
Tim Reed, Mayor
Jael Thorpe, Deputy Mayor & Council Member
Council Members Tom Bezdichek, John Kubal, Mike McClemans, Keith Corbett, Ope Niemeyer
Council Staff:
Jeffrey W. Weldon, City Manager
Steven Britzman, City Attorney
Shari Thornes, City Clerk
View the City Council Meeting Live on the City Government Access Channel 9.
Rebroadcast Schedule: Wednesday 1:00pm / Thursday 7:00pm / Friday 9:00pm / Saturday 1:00pm
The complete City Council agenda packet is available on the city website: www.cityofbrookings.org
If you require assistance, alternative formats, and/or accessible locations consistent with the Americans with
Disabilities Act, please contact Shari Thornes, City ADA Coordinator, at 692-6281 at least 3 working days prior to the
meeting.
City of Brookings
October 25, 2011
5
5:00 P.M. WORK SESSION
Work Sessions are open to the public. During the work session the city staff would brief the council on
items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
LOCATION: Main Floor Meeting Room – City Hall
1. Executive Session for purposes of consulting with legal counsel on
pending litigation.
SDCL 1-25-2. Executive or closed meetings.
Executive or closed meetings may be held for the sole purpose 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 contractors;
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. 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.
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.
Action: Motion to enter executive session – voice vote
Motion to leave executive session – voice vote
City of Brookings
October 25, 2011
6
5:00 P.M. WORK SESSION
Work Sessions are open to the public. During the work session the city staff would brief the council on
items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
2. Potential acquisition of South Dakota Department of
Transportation (DOT) old maintenance shop located on Highway
14 between I-29 and 32nd Avenue.
TO: Mayor and City Council Members
FROM: City Manager Jeff Weldon
RE: Potential acquisition of DOT site
The South Dakota Department of Transportation has offered to sell to the City of
Brookings the old maintenance shop located on Highway 14 between I-29 and 32nd
Avenue. Our interest in the property has been for future commercial re-development
east of the interstate. Pursuant to previous Council action, the City offered the State
the purchase price of the appraised value in an “as is” condition. An appraisal and re-
appraisal have valued the property at $1,825,000. There was no specific deadline by
which this offer was to expire. As such, it was simply an informal intergovernmental
agreement. The State was not ready to act on our offer. There was no official
response from the State and the issue languished with no further action for some time.
Since taking office, the Daugaard Administration has taken an aggressive policy position
for the sale/disposal of all excess State property. Earlier this year, Mayor Reed received
communication from Transportation Secretary Darin Bergquist indicating the State is
ready to sell the property. The Secretary indicated that in order to avoid a surplus
auction, the State would need a price of “something in excess of the appraised price.”
To the best of my knowledge and records, no specific price from the State has been
given to the City of Brookings.
Since then, the City has undertaken an environmental analysis of the property in a due
diligence effort to ascertain the extent of asbestos in the building and potential soil
contamination. The State was very cooperative in allowing access by us and our
consultants to the site. The environmental reports are complete and it is estimated the
clean-up/mitigation costs would be:
Asbestos removal $10,000-$15,000
Petroleum soil contamination $ 5,000-$20,000
Petroleum tank removal/closure $15,000-$20,000
Salt storage building soil issues indeterminable
Building demolition not determined
City of Brookings
October 25, 2011
7
Several years ago, the Council established a fund for the potential acquisition of such
property. However, such funds have been spent by the Council for the Innovation
Campus infrastructure and the acquisition of the Foster Industrial Park. Currently,
there are insufficient funds to pay cash at this price for this acquisition either from the
remaining balance of the original fund, or any fund in either the 2011 or 2012 budgets.
You will recall when we discussed the 2012 budget, we contemplated this property
acquisition and determined that debt financing would be necessary. Now that we have
our environmental information, we should discuss the policy direction the Council
wants to take relative to this issue.
Some options are:
1) Offer the State a price “in excess of the appraised price” as they want and make
the purchase. This would require debt financing on our part or possibly ask the
State for a contract-for-deed.
2) Reject the property with no offer to the State; walk away from the deal once
and for all.
3) Make a counter-offer for some amount less than appraisal and take into
consideration the clean-up costs.
4) Let the State put the property up for public surplus auction and bid on it with
the chance the high bid would be less than the appraisal.
City of Brookings
October 25, 2011
8
5:00 P.M. WORK SESSION
Work Sessions are open to the public. During the work session the city staff would brief the council on
items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
3. City Council Member Ex-Officio Reports.
Pursuant to council direction, “City Council Member Ex-Officio Reports”
will be a standing agenda item at all Council Work Sessions. The Council
Members that serve as Ex-Officio members on the Brookings Health
System Board of Trustees and Utility Board will provide verbal reports
regarding recent meetings they have attended.
Brookings Municipal Utility Board:
1. Council Member Niemeyer
2. Council Member Corbett
Brookings Health Systems Board:
1. Council Member Kubal
2. Council Member McClemans
City of Brookings
October 25, 2011
9
5:00 P.M. WORK SESSION
Work Sessions are open to the public. During the work session the city staff would brief the council on
items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
4. Joint Powers Board Council Members’ Report.
Pursuant to council direction, “Joint Powers Board City Member Updates”
will be a standing agenda item at all Council Work Sessions. The Council
Members serving on the Joint Powers Board will provide verbal updates
regarding recent meetings they have attended.
Mayor Tim Reed & Council Member Kubal
City of Brookings
October 25, 2011
10
5:00 P.M. WORK SESSION
Work Sessions are open to the public. During the work session the city staff would brief the council on
items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
5. City Council member introduction of topics for future discussion.
Any Council member may request discussion of any issue at a future
meeting only. Items cannot be added for action at this meeting. A motion
and second is required stating the issue, requested outcome, and time
frame. A majority vote is required.
City of Brookings
October 25, 2011
11
5:00 P.M. WORK SESSION
Work sessions are open to the public. During the work session the city staff would brief the council on
items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
6. Review of Council Agenda, Invites and Obligations.
Date
Day Event &
Brief Description
Time Location / Town /
Address / Directions
November 5 Saturday Hobo Day Parade 8:30 a.m. staging
9:30 a.m. parade TBD
November 8-12 Tuesday-
Saturday
NLC Congress of
Cities Phoenix, AZ
November 15 Tuesday Special Council
Meeting 5:00 p.m.-7:00 p.m. Council Chambers
November 22 Tuesday Council Meeting 5:00 p.m. Council Chambers
December 13 Tuesday Council Meeting 5:00 p.m. Council Chambers
December 20 Tuesday Council Meeting 5:00 p.m. Council Chambers
January 10 Tuesday Council Meeting 5:00 p.m. Council Chambers
January 18 Wednesday Brookings Day in
Pierre Pierre
January 24 Tuesday Council Meeting 5:00 p.m. Council Chambers
February 7 Tuesday Rib Dinner with your
Legislator Kings Inn, Pierre
February 8 Wednesday Municipal Government
Day Pierre
February 14 Tuesday Council Meeting 5:00 p.m. Council Chambers
February 28 Tuesday Council Meeting 5:00 p.m. Council Chambers
12
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 City Council minutes.
C. Action to hold a special City Council meeting on November 15th from 5:00 to 7:00 p.m. regarding the
Brookings Municipal Liquor Store.
D. Action on Resolution No. 121-11, a Resolution cancelling certain outstanding checks.
E. Action on Resolution No. 122-11, a Resolution authorizing Change Order No. 1 (CCO#1 Final) for 2010-
04SSI, Southland Lane Landscaping Project, Groundwater, Inc. (Increase of $0.00).
5. Items removed from Consent Agenda.
Open Forum/Presentations/Reports
6. Open Forum.
7. SDSU Student Senate Report.
Contracts/Change Orders.
8. Action on Resolution No. 129-11, a Resolution authorizing Change Orders for the Joint City/County Administration
Building.
9. Action to approve a Memorandum of Understanding by and between the City of Brookings, a South Dakota
municipality under the laws of the State of South Dakota, and the South Dakota State University Foundation and
South Dakota State University for the McCrory Gardens Education and Visitor Center, South Dakota State
University.
10. Action on Resolution No. 123-11, a Resolution awarding bids on Agricultural Land Rent.
First Readings:
11. Ordinance No. 18-11: An Ordinance of the City of Brookings, South Dakota, repealing Ordinance No. 22-05,
Establishing the Retail Economic Development Investment Fund, providing for its funding; providing for its use and
providing for its Rules and Regulations.
12. Ordinance No. 19-11: An Ordinance rezoning Lot 2, Block 2, Telkamp Addition from a Residence R-3 District to a
Planned Development District (PDD), (2400 Block of 10th St.).
13. Ordinance No. 20-11: An Ordinance for an application for Conditional Use Permit to establish a major home
occupation (chiropractic office) in a Residence R-2 District on Lot 20, Block 12, East Medary Addition (1513 Orchard
Drive).
Second Readings / Public Hearings
14. Public hearing and action on Resolution No. 124-11, a Resolution of Intent to Lease Real Property (Airport Hayland).
15. Public hearing and action on Resolution 125-11, a Resolution of Intent to Lease Real Property in Wiese and Freeland
Additions.
16. Public Hearing and action on Resolution No. 130-11, a Resolution for special assessments for weed cutting, tree
removal, debris removal, and snow removal.
17. Public Hearing and action on Resolution No. 126-11, a Resolution of necessity for sidewalks.
18. Public hearing and action on Resolution No. 127-11, a Resolution authorizing the issuance of Electric Revenue Bonds;
pledging certain revenues of the City to the payment of said Bonds; authorizing officers of the City to approve,
execute and deliver certain Agreements and Documents relating to the Bonds.
Alcohol Licenses
19. Action on Resolution No. 128-11, a Resolution establishing the fee ($100,000) for the Issuance of Operating
Agreements in the City of Brookings.
20. Public hearing and action on the issuance of either On-Sale Liquor Operating Agreement or On-Sale Restaurant
Liquor License to BraVo’s, Kip and Michelle Pharis, Owners, 610 Medary Avenue, Brookings, South Dakota, legal
description: Lots 3-4-5, Randi Peterson Addition.
Other Business
21. Action on proposed amendments to the City of Brookings Governance and Ends Policies.
22. Discussion and possible action on a supplemental loan to the SDSU Innovation Campus/Growth Partnership.
23. Executive Session for Consulting with legal counsel or reviewing communications from legal counsel about proposed
or pending litigation or contractual matters.
24. Adjourn.
City of Brookings
October 25, 2011
13
CONSENT AGENDA #4
4. Action to approve the following Consent Agenda Items: *
A. Action to approve the agenda.
B. Action to approve City Council minutes.
C. Action to hold a special City Council meeting on November
15th from 5:00 to 7:00 p.m. regarding the Brookings
Municipal Liquor Store.
D. Action on Resolution No. 121-11, a Resolution cancelling
certain outstanding checks.
E. Action on Resolution No. 122-11, a Resolution authorizing
Change Order No. 1 (CCO#1 Final) for 2010-04SSI,
Southland Lane Landscaping Project, Groundwater,
Inc. (Increase of $0.00).
*Matters appearing on the Consent Agenda are expected to be non-controversial and will be acted upon by the Council at
one time, without discussion, unless a member of the Council or City Manager requests an opportunity to address any given
item. Items removed from the Consent Agenda will be discussed at the beginning of the formal items. Approval by the
Council of the Consent Agenda items means that the recommendation of the City Manager is approved along with the terms
and conditions described in the agenda supporting documentation.
ACTION: Motion to Approve, Request Public Comment, Roll Call
City of Brookings
October 25, 2011
14
CONSENT AGENDA #4
B. Action to approve City Council Minutes.
The draft August 30th and October 11th Brookings City Council minutes are
enclosed for Council review and approval.
City of Brookings
October 25, 2011
15
Brookings City Council
August 30, 2011 (unapproved)
The Brookings City Council held a special meeting on Tuesday, August 30, 2011 at 5:00 p.m., at
City Hall with the following members present: Mayor Tim Reed, Council Members John Kubal,
Mike McClemans, Tom Bezdichek, Ope Niemeyer, Jael Thorpe and Keith Corbett. City Attorney
Steve Britzman, City Manager Jeff Weldon and City Clerk Shari Thornes were also present.
Discussion of Proposed 2012 Budget. ACTION: A motion was made by McClemans,
seconded by Corbett, to request a five-year history and a five-year projection (10 year total
data) of the Swiftel Center’s subsidy operating expenses, debt reduction and capital
improvements. All present voted yes, except Bezdichek voted no, motion carried.
Toby Morris, Bonding Counsel, presented information to the city council and responded to
questions. ACTION: A motion was made by Reed, seconded by Kubal, to direct the city
manager to evaluate a 5 million dollar bond and how it would affect the second penny budget.
All present voted yes, motion carried.
Resolution No. 98-11. Thorpe recused herself due to personal conflict. A motion was made
by Kubal, seconded by McClemans, to remove reconsideration of Resolution No. 98-11 off the
table: “August 9th Action: A motion was made by McClemans, seconded by Niemeyer, to amend the
price at $100,000. On the motion; Kubal, McClemans, Niemeyer, and Reed voted yes; Bezdichek and
Corbett voted no; motion carried to amend. On the original motion as amended, all present voted yes,
except Bezdichek voted no; MOTION CARRIED.”
Discussion: Britzman reported he had obtained a signed purchase agreement and found it
identical to previous document. He also obtained the appraisal, but noted that was not a public
document. There was a value reference in the document regarding $125,000 but no supporting
documentation how the appraiser reached that number. It also contained a one-year
breakdown between video lottery sales and liquor sales as sources of income, but didn’t include
supporting information on video lottery value/income. When offered for sale, the business was
advertised as having a video lottery license. There is a covenant not to compete, but that value
is debatable. He felt there was a moderate value for both (video lottery and covenant not to
compete).
AMENDMENT: A motion was made by Reed, seconded by Niemeyer, to amend the price back
to $85,000. Discussion: Don McCarty, attorney representing 9 Bar, recommended against the decrease.
He noted the following points: Watertown’s restaurant license price is set at $205,000; the previous
video lottery moratorium wasn’t legal and video lottery was dependent on liquor; a signed purchase
agreement has been provided along with documents of an appraised value at $125,000. On the
motion, Corbett and Kubal voted yes; McClemans, Niemeyer, Reed and Bezdichek voted no;
motion to amend failed.
On the original motion; all present voted yes, except Kubal voted no, motion carried.
Resolution No. 98-11 - A Resolution Establishing the Fee for the Issuance of
City of Brookings
October 25, 2011
16
Full-Service Restaurant On-Sale Licenses in the City of Brookings
Be It Resolved by the City Council of the City of Brookings, South Dakota as follows:
Whereas, the State of South Dakota has authorized municipalities to issue full-service
restaurant on-sale licenses pursuant to SDCL 35-4-110 through 35-4-120; and
Whereas, as required by State law, the license fee charged for a Full-Service Restaurant On-Sale
License shall be set at or above the current fair market value for such license, based upon the
documented price of the On-Sale License most recently sold between January 1, 2003 and
January 1, 2008, through an arm's-length transaction; and
Whereas, the license fee charged for a Full-Service Restaurant On-Sale License as provided
herein is based upon the foregoing statutes, and it has been determined that the City of
Brookings is required to recognize transfers of its Operating Agreements during the period
between January 1, 2003 and January 1, 2008, and the City of Brookings, in compliance with
that determination, evaluated documents establishing the amount paid for the Operating
License under the procedure set forth in SDCL 35-4-120; and
Whereas, in accordance with SDCL 35-4-117, the City of Brookings has received and has
thoroughly reviewed documentation of the price attributed to the sale and transfer of an
Operating Agreement to Gus Theodosopoulos, which is the most recent transaction occurring
between January 1, 2003 and January 1, 2008; and
Whereas, the documented price set forth in the Gus Theodosopoulos Purchase Agreement is
determined to be $100,000, which constitutes the fair market value to be utilized as the
minimum price of a Full-Service Restaurant On-Sale License in the City of Brookings.
Now, Therefore, Be It Resolved that the fee for the issuance of Full-Service Restaurant On-Sale
Licenses in the City of Brookings shall be One Hundred Thousand Dollars ($100,000.00).
Resolution No. 108-11. Discussion and possible action on Resolution No. 108-11, a Resolution
authorizing the City Manager to enter into an operating agreement with one of the following
applicants for a term of one or ten years: 1) Gonz Productions, Inc., dba Main Street Pub &
Grill, 408 Main Avenue, Lot 5, Block 7, Original Plat Addition, Garner Hansen, owner;
2) Old Market, LLC, dba Old Market Eatery, 424 5th Avenue, Lots 15-18, Block 7, Original Plat
Addition, Katie Knutson and Jael Thorpe, owners; 3) Brookings Steakhouse LLC, dba Whiskey
Creek Steakhouse, SE corner of Block One (1), Wiese Addition (corner of Highway 14 and 32nd
Avenue), James Gardner, owner; and 4) W & P of Brookings, LLC, dba Buffalo Wild Wings Bar
& Grill, 1721 6th St., Lot 6, Village Square Addition, Todd and Susan LaHaise, owners.
ACTION: A motion was made by McClemans, seconded by Corbett, to award a
$25,000 unrestricted operating agreement for a 10-year term to W & P of Brookings,
LLC, dba Buffalo Wild Wings Bar & Grill, 1721 6th St., Lot 6, Village Square Addition,
Todd and Susan LaHaise, owners. All present voted yes; motion carried.
City of Brookings
October 25, 2011
17
Resolution No. 108-11
W&P of Brookings, LLC (dba Buffalo Wild Wings Bar & Grill)
Liquor Operating Agreement
Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a
Lease Agreement for the Operating Liquor Management Agreement between the City of
Brookings and W&P of Brookings, LLC (dba Buffalo Wild Wings Bar & Grill), Todd and Susan
LaHaise, owners, for the purpose of a liquor manager to operate the On-Sale Establishment for
and on behalf of the City of Brookings at 1721 6th St., also known as W&P of Brookings, LLC
(dba Buffalo Wild Wings Bar & Grill).
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 ten years.
ACTION: A motion was made to ask the city manager to bring a temporary operating
agreement for the Old Market Eatery to the next city council meeting for consideration. On
the motion; Corbett, McClemans, Reed and Niemeyer voted yes; Bezdichek and Kubal voted
no; motion carried.
Adjourn. A motion was made by Kubal, seconded by Niemeyer, to adjourn. All present voted
yes; motion carried. Meeting adjourned at 6:45 p.m.
CITY OF BROOKINGS
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
City of Brookings
October 25, 2011
18
Brookings City Council
October 11, 2011 (unapproved)
The Brookings City Council held a meeting on Tuesday, October 11, 2011 at 5:00 p.m., at City
Hall with the following members present: Mayor Tim Reed, Council Members John Kubal, Mike
McClemans, Tom Bezdichek, Ope Niemeyer, Jael Thorpe and Keith Corbett. City Attorney Steve
Britzman, City Manager Jeff Weldon and City Clerk Shari Thornes were also present.
Business Improvement District Board Recommendations. This item was withdrawn from the
agenda.
Governance and Ends Policies Amendments. Rita Thompson, City Finance Manager, provided
an overview and explanation of proposed changes to the Governance and Ends Policy. Council
members requested a few changes. Final action is scheduled for October 25th.
Future Discussion Topics. Bezdichek requested an update on the McCrory Gardens Visitor
Center including city financial contribution, use of the facility, and community benefits. Action
on a Memorandum of Understanding between the city and SDSU is scheduled in the near
future.
McClemans requested pricing of liquor licenses on the October 25th agenda during the 6:00
p.m. meeting.
Thorpe requested an update on the dog park.
REGULAR MEETING. Consent Agenda. A special recognition was added as item 6A. A
motion was made by Kubal, seconded by Corbett, to approve the consent agenda as amended:
A. Action to approve the agenda as amended.
B. Action to approve the August 19th and September 27th Council minutes.
C. Action to cancel the November 8th City Council Meeting.
D. Action on an I-IR Site Plan for Lot 1, Block 1, Foster Addition (1200 Block of 32nd Avenue).
On the motion, all present voted yes; motion carried.
Ordinance No. 17-11 - Pawnbrokers. A motion was made by Kubal, seconded by Corbett, to
approve Ordinance No. 17-11, an ordinance amending Article IV. of Chapter 26 of the Code of
Ordinances of the City of Brookings and pertaining to the regulation of Pawnbrokers in the
City of Brookings, SD. All present voted yes; motion carried.
Resolution No. 116-11. A public hearing and action was held on Resolution No. 116-11, a
Resolution to annex Lots C and D, Christie Addition in the NW ¼ of Section 2-T109N-R50W;
and Outlot C in the NW ¼ of the NW ¼ of Section 2-T109N-R50W. No public comment. A
motion was made by Thorpe, seconded by McClemans, to approve Resolution No. 116-11. All
present voted yes; motion carried.
Resolution No. 116-11 - Resolution of Annexation
City of Brookings
October 25, 2011
19
Whereas, the governing body of the City of Brookings has, pursuant to SDCL 9-4-4.1,
conducted a study to determine the need to identify the resources necessary to extend the
municipal boundaries to include Lots C and D, Christie Addition in the NW ¼ of Section 2-
T109N-R50W and Outlot C in the NW ¼ of the NW ¼ of Section 2-T109N-R50W all in the
County of Brookings, State of South Dakota, and
Whereas, the governing body thereafter adopted a Resolution of Intent to Extend Boundaries
and conducted a public hearing thereon as required by law, and
Whereas, the study contained the following, to wit: 1) That the description of the property to
be annexed is Lots C and D, Christie Addition in the NW ¼ of Section 2-T109N-R50W and
Outlot C in the NW ¼ of the NW ¼ of Section 2-T109N-R50W all in the County of
Brookings, State of South Dakota, 2) That ample and suitable resources exist to accommodate
the orderly development of the contiguous territory, 3) That municipal utilities such as water,
sewer, electricity, telephone, and garbage collection are existing or readily available and a major
street network is already in place and dedicated for public use and that there is a definite
timetable upon which other municipal services such as police protection and garbage collection
will be extended into the contiguous territory, 4) That the approximate cost of extending
services to residents of the contiguous territory will be $0.00 for telephone and electricity;
$16.50 per month for garbage collection; $40.00/foot for main sanitary sewer lines; $1500.00
for a sanitary sewer service line; $15.00/foot for a water service line; $80.00/foot/per side for
street improvement; $176.00/acre for annual drainage fees for single-family residential uses and
$67.00/acre for annual drainage fees for a vacant lot, 5) That the estimated difference in the tax
assessment rate is an increase of $1.75/1,000 of valuation, 6) That exclusions and irregularities
in boundary lines are not the result of arbitrariness, 7) That there is a reasonable present need
to annex the contiguous territory because the majority of the land is already developed and is
receiving certain municipal services, and 8) That the city has experienced a recent growth rate
of 19% between the 2000 and 2010 Census and will continue to develop beyond its present
boundaries, and
Whereas, it is determined to be necessary and in the best interests of the City of Brookings to
annex the hereinbefore described property, now therefore,
Be It Resolved by the governing body of the City of Brookings that the following described
property be, and the same is hereby annexed, to the City of Brookings, to wit: Lots C and D,
Christie Addition in the NW ¼ of Section 2-T109N-R50W and Outlot C in the NW ¼ of the
NW ¼ of Section 2-T109N-R50W all in the County of Brookings, State of South Dakota
Be it Further Resolved that the boundaries of the City of Brookings shall be adjusted
accordingly.
Storm Sewer Cost Share. Jackie Lanning, City Engineer, briefed the council on approving a cost
share with the South Dakota Department of Transportation for storm sewer replacement /
upgrade on 6th Street between Highway 14 Diagonal and Main Avenue. This project is
scheduled for construction in 2013.
City of Brookings
October 25, 2011
20
ACTION: A motion was made by Reed, seconded by Kubal, to approve cost share with the
South Dakota Department of Transportation for storm sewer on 6th Street between Highway
14 Diagonal and Main Avenue. All present voted yes; motion carried.
Adjourn. A motion was made by Kubal, seconded by Corbett, to adjourn. All present voted
yes; motion carried. Meeting adjourned at 6:37 p.m.
CITY OF BROOKINGS
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
City of Brookings
October 25, 2011
21
CONSENT AGENDA #4
C. Action to hold a special City Council meeting on November 15th
from 5:00 to 7:00 p.m. regarding the Brookings Municipal Liquor
Store.
This will allow the City Council to hold a special meeting on Tuesday, November 15th,
from 5 to 7 p.m. for purposes of discussing the Brookings Municipal Liquor Store. State
law requires official Council action to schedule or cancel a meeting.
City of Brookings
October 25, 2011
22
CONSENT AGENDA #4
D. Action on Resolution No. 121-11, a Resolution cancelling certain
outstanding checks.
Resolution No. 121-11 cancels outstanding checks which are more than one year old.
The Finance Department has contacted these people several times requesting them to
cash or contact them for a duplicate check.
Resolution No. 121-11
Cancelling Certain Outstanding Checks
Whereas, the City of Brookings, has issued checks that have been outstanding for more than
six (6) months;
Now, Therefore, Be It Resolved that the following amounts be canceled and the proper funds
be credited:
General Fund
07-14-2010 David Felton $ 22.50
11-03-2010 Farmers Implement & Irrigation $ 17.98
Total $ 40.48
Passed and approved this 25th day of October, 2011.
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City of Brookings
October 25, 2011
23
CONSENT AGENDA #4
E. Action on Resolution No. 122-11, a Resolution authorizing
Change Order No. 1 (CCO#1 Final) for 2010-04SSI, Southland
Lane Landscaping Project, Groundwater, Inc. (Increase of $0.00).
The Southland Lane Landscaping Project is the landscaping component of the detention
pond; the project is now complete. The project is located on the northeast corner of
Southland Lane and 12th Street South, just east of the Boys and Girls Club. The project
entailed finish grading, native and shoreline seeding, erosion control blanket, native
plugs, ornamental and canopy trees and perennials for the detention pond site. The
landscaping project was completed at the project cost and by the project deadline, with
the following summary:
Original Contract Price: $28,769.50
Change from Previously Approved Change Orders: $0.00
Contract Price Prior to this Change Order: $28,769.50
Increase of this Change Order (No. 1 Final): $0.00
Contract Price incorporating this Change Order: $28,769.50
This resolution will approve Change Order No. 1 (CCO #1 Final) for an increase of
$0.00 to the contract amount and it will close out the project. The project was
completed by the completion date and no adjustment to the contract time is needed.
Resolution No. 122-11
Resolution Authorizing Change Order No. 1 (CCO#1 Final) for
2010-04SSI Southland Lane Landscaping Project, Groundwater, Inc.
Be It Resolved by the City Council that the following change order be allowed for 2010-04SSI
Southland Lane Landscaping Project: Construction Change Order Number 1 Final; Adjust
contract to final as-built quantities for a total increase of $0.00 to the contract.
Passed and approved this 25th day of October, 2011.
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City of Brookings
October 25, 2011
24
5. Items removed from Consent Agenda.
Matters appearing on the Consent Agenda are expected to be non-controversial and
will be acted upon by the Council at one time, without discussion, unless a member of
the Council or City Manager requests an opportunity to address any given item.
Items removed from the Consent Agenda will be discussed at the beginning of the
formal items. Approval by the Council of the Consent Agenda items means that the
recommendation of the City Manager is approved along with the terms and conditions
described in the agenda supporting documentation.
City of Brookings
October 25, 2011
25
Open Forum
6. Invitation for a Citizen to schedule time on the Council Agenda
for an issue not listed.
At this time, any member of the public may request time on the agenda for
an item not listed. Items are typically scheduled for the end of the meeting;
however, very brief announcements or invitations will be allowed at this
time.
7. SDSU Student Senate Report.
President – Mark York
Vice-President – Anthony Sutton
Administrative Assistant – Brooke Reiner
Finance Chair – Brian Gottlob
State & Local Chair – Jameson Berreth
SDSU Senate Website: http://www.wix.com/sdsu_sa/sa
City of Brookings
October 25, 2011
26
Contracts / Change Orders
8. Action on Resolution No. 129-11, a Resolution authorizing
Change Orders for the Joint City/County Administration Building.
TO: Mayor and City Council Members
FROM: City Manager Jeff Weldon
RE: Change orders for Joint City-County Government Center
The Joint Powers Board and the County Board have approved the following change
orders for the Joint City-County Government Center. Attached are the minutes from
the JPB relative to this action.
1) Mills Construction -- Deletion of exterior clock ($5,000)
2) American Electric -- Credit for certain conduit ($4,500)
3) Olson Const. -- Insulation material for exterior sheating* $16,100
Net change $ 6,600
*This charge is for material only. The contractor has agreed to provide the labor for
installation for free. When we accepted this bid, we knew this amount was not
included, but the next lowest bid for this item was an additional approximate $70,000.
As a result, we waived the irregularity in the bid for the omission and accepted it
knowing a subsequent change order would be necessary to have it included. This
additional $6,600 will be provided by the construction contingency which currently
stands at $434,822.
Staff recommends approval.
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City of Brookings
October 25, 2011
27
Resolution No. 129-11
A Resolution Authorizing Change Orders
for the Joint City-County Government Center
Whereas, Brookings City and County have jointly agreed to construct and operate an
intergovernmental center, and
Whereas, the City Council of the City of Brookings and the County Board of Commissioners
of Brookings County have mutually executed construction contracts, and
Whereas, the Joint Powers Board has recommended the approval of 3 change orders to-date
constituting an aggregate increase in the project of $6,600; and that the County Board has
forthwith approved such change orders:
1) Mills Construction -- Deletion of exterior clock ($5,000)
2) American Electric -- Credit for certain conduit ($4,500)
3) Olson Const. -- Insulation material for exterior sheating* $16,100
Net change $ 6,600
Be It Resolved by the City Council that the change orders be allowed for the Joint City-County
Government Center, with the $6,600 provided by the construction contingency.
Passed and approved this 25th day of October, 2011.
CITY OF BROOKINGS
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
City of Brookings
October 25, 2011
32
Contracts / Change Orders
9. Action to approve a Memorandum of Understanding by and
between the City of Brookings, a South Dakota municipality
under the laws of the State of South Dakota, and the South
Dakota State University Foundation and South Dakota State
University for the McCrory Gardens Education and Visitor
Center, South Dakota State University.
In 2009, the City received a request from SDSU for financial participation for the
construction of the McCrory Gardens Education and Visitor Center. The Council
ultimately approved an appropriation from 75% Second Penny Funding in the amount of
$250,000 from the 2012 budget, subject to ratification of a Memorandum of
Understanding (MOU). The year 2012 was selected because that was the completion
year estimated by SDSU of the project, and our cash funding has typically been made at
the conclusion of projects with a subsequent inspection of ADA compliance and other
applicable requirements. This amount has been budgeted in the 2012 budget for
disbursement. Attached is the MOU for your consideration.
Please further be advised a public hearing is tentatively scheduled for November 22nd for
the Council to consider issuing an on/off sale beer license and on/off sale wine liquor
operating agreement to Aramark for sale and consumption at the McCrory Gardens
Education and Visitor Center.
Staff recommends approval of the MOU.
City Manager Introduction
Action: Motion to Approve, Public Comment, Roll Call
City of Brookings
October 25, 2011
33
McCrory Gardens Education and Visitor Center
South Dakota State University
MEMORANDUM OF UNDERSTANDING
By and between the City of Brookings, a South Dakota municipality under the laws
of the State of South Dakota, the South Dakota State University Foundation and
South Dakota State University
WHEREAS, the Legislature of the State of South Dakota authorized the Board of Regents to
contract for the construction, equipping, and furnishing of an Education and Visitor Center at
McCrory Gardens on the campus of South Dakota State University, at an estimated cost of
four million dollars ($4,000,000) and consisting of 10,000 square feet, to be paid from
donations, gifts and grants to South Dakota State University Foundation; and,
WHEREAS, the act provided that the administration of the design and construction of these
facilities and oversight of the building committees appointed therefor shall be under the general
charge and supervision of the Governor and the Executive Director of the Board of Regents or
their designees; and,
WHEREAS, the City of Brookings, by virtue of the power granted to the City of Brookings
under SDCL 9-12-4 and 9-12-5, has the power to enter into an agreement with the State of
South Dakota, and with any authorized agency of the State, to carry out any authorized
municipal function, and is authorized to provide funding to the State to be used for an
authorized public purpose, upon the terms and in the manner provided by Resolution of the
governing body; and,
WHEREAS, the Foundation is constructing the McCrory Gardens Education and Visitor Center
on the campus of South Dakota State University, Brookings, South Dakota; and,
WHEREAS, the City of Brookings is contributing to the financing for construction of said facility
to enhance the availability of multi-use facilities for the City of Brookings, and to attract visitors
to the area and McCrory Gardens; and,
WHEREAS, in order to recognize the cooperative effort of the City of Brookings and South
Dakota State University for the use of the McCrory Gardens Education and Visitor Center, the
parties are executing this Memorandum of Understanding.
NOW, THEREFORE, this Memorandum of Understanding is entered into by and between
South Dakota State University Foundation and the City of Brookings, a municipal corporation
of the State of South Dakota, to set forth in writing in general terms the right of access to the
facility and the nature of the cooperative arrangements which will be utilized in the use of the
facility to maximize the benefit, not only to the campus of South Dakota State University, but
also to the City of Brookings; and to enumerate the terms and conditions of the City of
Brookings’ financial participation.
City of Brookings
October 25, 2011
34
Section 1: All parties to this agreement recognize this is a Contract, granting right of access to
the facility in the manner contractually established by the SDSU Foundation and the City of
Brookings, which is granted and given in consideration of the payment by the City of Brookings
of $250,000 for the construction of the McCrory Gardens Education and Visitor Center at
South Dakota State University.
Section 2: All parties to this agreement recognize that the facility being constructed is primarily
intended for the educational, cultural and tourism needs of South Dakota State University and
the City of Brookings.
Section 3: The administration of South Dakota State University will be responsible for the
primary management of the facility, including scheduling, security, maintenance, concessions,
operations, formulation and enforcement of building rules and establishment of fee schedules
for use of the facility.
Section 4: In consideration of the financial participation from the City of Brookings toward
this project, the following terms and conditions will apply:
A) The City of Brookings will be entitled use of the facility through duly adopted
scheduling and reservation procedures, guaranteeing up to ten days for each
calendar year without a facility rental charge for a period of 25 successive years.
Once scheduled, the reservation will not be revoked by the managing entity due to
other priorities. The City of Brookings will pay applicable custodial, food service, or
security fees associated with the use pursuant to the usual and customary fee
schedule for such services.
B) The McCrory Gardens Education and Visitor Center will be constructed to meet all
applicable building code requirements. As a State-owned facility, the City of
Brookings will not be responsible for plan review of the construction, will not issue
or charge for a building permit, and will not perform any building inspections unless
there is a supplemental agreement to the contrary for such services.
C) The McCrory Gardens Education and Visitor Center will be constructed to meet all
applicable requirements of the Americans with Disabilities Act; and will be subject to
applicable review and compliance requirements of the City of Brookings Committee
for People who have Disabilities.
D) The McCrory Gardens Education and Visitor Center will be constructed to meet all
applicable regulations of the City of Brookings pertaining to parking, access road
specifications, stormwater management, and water and sewer utility connections.
E) The City of Brookings will not be responsible for any operating or maintenance
costs of McCrory Gardens Education and Visitor Center.
City of Brookings
October 25, 2011
35
F) If site access to McCrory Gardens Education and Visitor Center is from either 22nd
Avenue, 11th Street, or 20th Avenue, the specific access locations to these streets will
be approved by the City of Brookings.
G) Payment will be made by the City of Brookings during the first budget year following
the final completion of the McCrory Gardens Education and Visitor Center and a
determination made by the City of Brookings that all applicable terms and conditions
of this section have been satisfied; but no sooner than January, 2012 and no later
than June 30, 2012 if all terms and conditions are satisfied. The City will make one
lump-sum payment.
Section 5: Any use by the City of Brookings will not result in any liability to the University
arising from the use of the facility and liability will be the responsibility of the sponsors of any
such event or activity scheduled for the facility. Likewise, the University and State of South
Dakota will indemnify, hold harmless, and agree to defend the City of Brookings from all liability
of claims that may arise from the University’s use, operation, management, maintenance, or
ownership of the facility by virtue of the City’s financial participation.
This Memorandum of Understanding does not constitute a binding contract concerning the
specific use of the facility for any specific events, but it does impose an obligation and duty upon
the State of South Dakota to provide for a right of access to the facility in the manner
contractually established herein.
This Memorandum of Understanding for the intergovernmental cooperation and use of the
facility being constructed on the campus of South Dakota State University is executed by the
City of Brookings and South Dakota State University Foundation.
SOUTH DAKOTA STATE UNIVERSITY FOUNDATION
________________________________ Dated this ____ day of _____________, 2011.
By: Steve Erpenbach, President & CEO
SOUTH DAKOTA STATE UNIVERSITY
________________________________ Dated this ____ day of _____________, 2011.
By: David L. Chicoine, President
CITY OF BROOKINGS, SOUTH DAKOTA
________________________________ Dated this ____ day of _____________, 2011.
By: Tim Reed, Mayor
Attest:
________________________________
Shari Thornes, City Clerk
City of Brookings
October 25, 2011
36
Contracts / Change Orders
10. Action on Resolution No. 123-11, a Resolution awarding bids on
Agricultural Land Rent.
The City purchased a parcel of property, consisting of approximately 92 acres, located
in Section 21-T110N0R50W, which is west of the current airport site (previously
owned by the Nichols family). Approximately 60 acres of this parcel is available for
hay/pasture land and the west 32 acres of the parcel is reserved as CRP property. The
City advertised for rental bids for a two-year lease. A bid letting was held at 1:30 on
Tuesday, October 18, 2011, with the following bids being received:
LNJ Farms & Ranch, Aurora, SD $75.00 per acre
John Moriarty, Brookings, SD $70.00 per acre
Lyle Johnson, Brookings, SD $55.00 per acre
LNJ Farms of Aurora, SD, submitted the highest bid of $75.00 per acre, which is higher
than the previously bid rate of $60.00 per acre. Following approval of this resolution to
award the bids, City staff will advertise a Notice of Public Hearing with intent to lease to
private person for the City Council’s November 22, 2011 meeting. This resolution will
award the bid for the agricultural land rent for this property in the amount of $75.00
per acre to LNJ Farms & Ranch of Aurora, South Dakota.
Resolution No. 123–11
Resolution Awarding Bids on Agricultural Land Rent
Whereas, the City of Brookings opened bids for approximately 60 acres of Agricultural Hay/Pasture
Land Rent for City-owned parcel located in Section 21-T110-R50 on Tuesday, October 18, 2011 at 1:30
pm at Brookings City Hall; and
Whereas, the City of Brookings has received the following bids for Agricultural Hay/Pasture Land: LNJ
Farms & Ranch, Aurora, SD - $75.00/acre, John Moriarty, Brookings, SD - $70.00/acre, Lyle Johnson, Brookings,
SD - $55.00 per acre.
Now Therefore, Be It Resolved that the high bid of LNJ Farms & Ranch, Aurora, SD for the high bid of
$75.00 per acre be accepted.
Passed and approved this 25th day of October 2011.
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
CRP
212TH ST 469TH AVE 468TH AVE DM&
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RENTAL LAND - 60 ACRES
City of Brookings
October 25, 2011
38
First Reading**
11. Ordinance No. 18-11: An Ordinance of the City of Brookings,
South Dakota, repealing Ordinance No. 22-05, Establishing the
Retail Economic Development Investment Fund, providing for its
funding; providing for its use and providing for its Rules and
Regulations.
Public Hearing: November 22, 2011
**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.
Ordinance No. 18-11 would repeal Ordinance No. 22-05, which established the Retail
Economic Development Investment Fund. This fund no longer meets Governmental
Accounting Standards Board (GASB) accounting standards to be a special revenue fund
because it has no significant revenue stream. Auditors also recommend repeal of this
fund.
Ordinance No. 18-11
An Ordinance of the City of Brookings, South Dakota, repealing Ordinance No. 22-
05, Establishing the Retail Economic Development Investment Fund, providing for
its funding; providing for its use and providing for its Rules And Regulations
Be It Ordained by the City Council of the City of Brookings, South Dakota as follows:
Ordinance No. 22-05, adopted the 12th day of July 2005 shall be removed immediately from the
code and be marked as Repealed by Ordinance No. 18-11, dated October 25, 2011.
CITY OF BROOKINGS
__________________________
Tim Reed, Mayor
ATTEST:
___________________________
Shari Thornes, City Clerk
City of Brookings
October 25, 2011
43
First Reading**
12. Ordinance No. 19-11: An Ordinance rezoning Lot 2, Block 2,
Telkamp Addition from a Residence R-3 District to a Planned
Development District (PDD), (2400 Block of 10th St.).
Public Hearing: November 22, 2011
**No vote is taken on the first reading of an Ordinance. The title of the
Ordinance is read and the date for the public hearing is announced.
Proposal: Create a multi-family complex
Background: The petitioner created a Planned Development District (PDD) north of
this property in 2009. That project became known as the Innovation Village
Apartments, and this proposal has similar characteristics. Other adjacent uses include
apartments to the west and south, and vacant land to the east.
Specifics: The development standards for the project will be the Residence R-3 District
regulations. The primary components on the plan include two (2) four-story buildings
with 64 units each. Each building will have 44 underground parking spaces and a shared
surface lot. The project will be divided into two (2) residential only phases. A third
phase, which will be submitted at a future date, is integral to these phases and will
contain a mix of commercial and residential uses. This was the main reason for
proposing a PDD at this time. The third phase will be east of this project.
The Initial Development Plan (IDP) is required to be submitted in conjunction with a
rezoning request to a PDD. In order to expedite the project, the applicant has already
received certain variances which will allow them to proceed under the Residence R-3
District regulations. Variances related to Items 3b and 3c were approved by the Board
of Adjustment. A Final Development Plan will be submitted later that will include more
specific information. The IDP requirements are in your packet.
Recommendation: The Planning Commission voted 7 yes and 0 no to recommend
approval of the rezoning and Initial Development Plan.
City of Brookings
October 25, 2011
44
Ordinance No. 19-11
An Ordinance to Change the Zoning Within the City of Brookings
Be it ordained by the governing body of 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: Lot 2, Block 2, Telkamp Addition
be and the same is hereby rezoned and reclassified from a Residence R-3 District to a Planned
Development District (PDD).
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 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 25, 2011
Second Reading and Adoption:
Published:
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City of Brookings
October 25, 2011
47
Planning Commission
Brookings, South Dakota
October 4, 2011
OFFICIAL MINUTES
Chairperson Al Heuton called the regular meeting of the City Planning Commission to
order on October 4, 2011, at 7:00 PM in the Council Chamber at City Hall. Members present
were Wayne Avery, Hal Bailey, Donna DeKraai, Greg Fargen, Alan Gregg, John Sydow, and
Heuton. Mike Cameron and John Gustafson were absent. Others present were Dan Bielfeldt,
Robert Brandwein, Richard Smith, Marjorie Streier, Jim Welch, Jason Hunter, Jim Bailey, John
Mills, Chris Jeppesen, Community Development Director Mike Struck, City Engineer Jackie
Lanning, Planning and Zoning Administrator Dan Hanson, and others.
Item #6 – Den-Wil Investments, Inc. has submitted a petition to rezone Lot 2, Block 2,
Telkamp Addition from a Residence R-3 District to a Planned Development District.
(Bailey/DeKraai) Motion to approve the rezoning. All present voted aye. MOTION
CARRIED.
SUMMARY OF DISCUSSION
Items 6 and 7 – Dan Bielfeldt stated that the Planned Development District (PDD) zoning
would provide an R-3 zoning designation for the first two (2) phases of the project. A third
phase would have an apartment component and a business component. He added that the
Innovation Village Apartments were a success, and the proposed plan would be similar in
design.
Fargen stated that the plan appeared to be appropriate for the area. Heuton asked if the
PDD plan requirements were all met. Hanson replied yes, but that two (2) elements of the
plan, building height and units per acre, were granted variances by the Board of Adjustment.
City of Brookings
October 25, 2011
49
First Reading**
13. Ordinance No. 20-11: An Ordinance for an application for
Conditional Use Permit to establish a major home occupation
(chiropractic office) in a Residence R-2 District on Lot 20, Block
12, East Medary Addition (1513 Orchard Drive).
Public Hearing: November 22, 2011
**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.
Applicant: Jason Hunter
Proposal: Establish a major home occupation in a residential district
Background: A two-family dwelling was constructed on Lot 20 in 1981. In 1996, the
building was converted to a single-family dwelling. An addition and another garage stall
were added to the house in 2002. In 2005, the house was converted back into a duplex,
and the driveway was expanded.
Adjacent uses include a five (5) unit condo with a row of detached garages to the east
and a duplex to the west. The Canadian Pacific Railroad mainline is to the north, and
across Orchard Drive is the Wesleyan Church parking lot.
Specifics: The area reserved for the home occupation is located in the lower level of
the home next to the garage. This level has 1,680 square feet of gross floor area. It
appears the home occupation would involve about 375 square feet.
Parking on-site can accommodate five (5) vehicles, two (2) in the garage and three (3) in
the driveway. Since this property was converted back to a duplex in 2005, each unit
must have two (2) on-premise parking spaces. A major home occupation requires two
(2) spaces. The applicant indicated the efficiency apartment would be discontinued once
the current lease expired. However, as it stands now, the site is lacking one parking
space. Therefore, any approval should be subject to all applicable regulations which
would require the applicant to apply for a variance through the Board of Adjustment.
Recommendation: The Planning Commission voted 0 yes and 6 no, with one abstention,
to recommend that this conditional use permit request be denied.
City of Brookings
October 25, 2011
50
Ordinance No. 20-11
An ordinance pertaining to an application for a Conditional Use for a major home
occupation (chiropractic office) in the Residence R-2 District.
Be it ordained by the governing body of the City of Brookings, South Dakota that said
Conditional Use shall be approved for a major home occupation (chiropractic office) on Lot 20,
Block 12, East Medary Addition with the following conditions:
none
All sections and ordinances in conflict herewith are hereby repealed.
First Reading: October 25, 2011
Second Reading:
Published:
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City of Brookings
October 25, 2011
57
Planning Commission
Brookings, South Dakota
October 4, 2011
OFFICIAL MINUTES
Chairperson Al Heuton called the regular meeting of the City Planning Commission to order
on October 4, 2011, at 7:00 PM in the Council Chamber at City Hall. Members present were
Wayne Avery, Hal Bailey, Donna DeKraai, Greg Fargen, Alan Gregg, John Sydow, and Heuton.
Mike Cameron and John Gustafson were absent. Others present were Dan Bielfeldt, Robert
Brandwein, Richard Smith, Marjorie Streier, Jim Welch, Jason Hunter, Jim Bailey, John Mills,
Chris Jeppesen, Community Development Director Mike Struck, City Engineer Jackie Lanning,
Planning and Zoning Administrator Dan Hanson, and others.
Item #8 – Jason Hunter has submitted an application for a Conditional Use Permit to establish
a major home occupation (chiropractic office) on Lot 20, Block 12, East Medary Addition
(Sydow/Bailey) Motion to approve the Conditional Use. All present voted no except Fargen
abstained. MOTION FAILED.
MEETING SUMMARY
Item #8 – Jason Hunter stated that the home had two (2) front entrances. One entrance led
directly into the lower level where the home occupation was located. He noted that the
apartment in the house would be leased for the next few months. He felt the location was good
because the street was busy, visibility was good, and the church parking lot could be available
for parking. He added that he would try to reserve three (3) parking spaces in his driveway for
clients.
Heuton asked if other employees would be hired. Hunter replied that it would be just him to
start with, but he could add an intern later. He would schedule patients every hour.
Jim Bailey, an adjacent property owner, stated that the area had 12 duplexes and some 4-
plexes. This resulted in 30 dwelling units in a two (2) block area. He remarked that the area had
too much traffic and was a safety issue for children in the neighborhood. He felt a less
congested area would be more appropriate for a home occupation. Heuton read a letter
submitted by Roger French, an adjacent property owner, opposing the request. French felt that
allowing a business in the area would set a precedent for more businesses. He noted that
parking was very limited in the neighborhood. He also felt it would devalue his property.
Avery was concerned that the chiropractic office may not remain secondary to the residential
use. DeKraai and Gregg were both concerned about the lack of required parking on the
premises. Heuton concurred and felt encroachment into this area by this type of business use
was not appropriate.
City of Brookings
October 25, 2011
59
Second Readings / Public Hearings
14. Public hearing and action on Resolution No. 124-11, a Resolution
of Intent to Lease Real Property (Airport Hayland).
The City would like to lease the City-owned hayland located on Brookings Regional
Airport property for haying operations, which is shown on the enclosed map. In the
past, the City has leased this property to haying operations, which provides for extra
income for the City’s Airport Fund as well as provides for weed control on City
property.
The City had bid the airport hayland and cropland for the 2007, 2008 and 2009. For
2010 the City entered into a one-year lease agreement with South Dakota Foundation
Seeds who then subleased the hayland to the South Dakota Ag Experiment Station. In
2011, the City had a one-year lease agreement directly with the South Dakota Ag
Experiment Station. Both of these companies are an affiliate of SDSU. The City would
like to enter into an agreement directly with the South Dakota Ag Experiment Station
for 2012.
City Attorney Britzman provided the following SDCL references for this type of lease:
9-12-5. Powers - Lease or transfer of property for public purposes.
Every municipality shall have power to lease or sell or give and convey any
personal or real property of the municipality or perform any work or render any
services, to the state or any public corporation thereof, to be used by
such grantee for an authorized public purpose; such lease or sale or gift and
conveyance, or the performance of such work, to be authorized, made or done
on the terms and in the manner provided by resolution of the governing body.
9-12-5.1. Powers - Lease of property - Term and conditions.
Every municipality may lease its municipally-owned property. Any such lease shall
be for a term and upon the conditions provided by resolution of the governing
body.
9-12-5.2. Powers - Lease to private person - Resolution - Notice -
Hearing - Authorization.
If the governing body decides to lease any municipally owned property to any
private person for a term exceeding one hundred twenty days and for an amount
exceeding five hundred dollars annual value it shall adopt a resolution of intent
to enter into such lease and fix a time and place for public hearing on the
adoption of the resolution. Notice of the hearing shall be published in the official
newspaper once, at least ten days prior to the hearing. Following the hearing the
governing body may proceed to authorize the lease upon the terms and
conditions it determines.
City of Brookings
October 25, 2011
60
According to City Attorney Britzman, this lease is not required to be bid, due to the
fact the entity is a public-private business entity, though it could be offered for bids if
you so desired. Since the “South Dakota Ag Experiment Station”, the proposed lessee,
is not a “private person” and is not technically the “State”, it is a nonprofit corporation
affiliated with SDSU. Britzman concluded we can lease without bidding, provided it is
not to a private person.
The South Dakota Ag Experiment Station proposes to lease the designated hayland at
the Brookings Regional Airport, which is approximately 167 acres, at $40.00 per acre,
which is the same price as 2007 through 2011. This lease will be a one-year lease,
which will allow for acreage adjustments each year based on the construction project.
The cropland at the airport will be reseeded to hayland in 2012, so it will not be
available for lease. The Notice of Public Hearing was advertised one time ten days prior
to the hearing. This resolution will allow the City to enter into a lease agreement with
the South Dakota Ag Experiment Station for one year for the hayland at the Brookings
Regional Airport.
City Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City of Brookings
October 25, 2011
61
Resolution No. 124-11
Resolution of Intent to Lease Real Property (Airport hayland)
Be It Resolved by the governing body of the City of Brookings, South Dakota, that the City of
Brookings intends to enter into a Lease with South Dakota Ag Station for a period of one (1)
year, commencing on January 1, 2012 and ending December 31, 2012 and pertaining to the
following described property:
The designated hayland on the Brookings Regional Airport, one hundred sixty-seven
(167) acres more or less in Sections 26, 27, and 35, T110N, R50W, in the City of
Brookings, Brookings County, South Dakota.
The Lease will be an amount of Forty Dollars ($40.00) per acre for the hayland, payable first
half on April 1 and the remaining half on November 1. The City of Brookings may terminate
this Lease at any time in the event a parcel of the above described property is to be adjusted by
the City of Brookings. If a portion of the hayland is changed, the number of acres to be paid for
will be adjusted at the unit price per acre.
Be It Further Noted, that a Public Hearing on this Resolution was held on October 25, 2011at
6:00 o’clock P.M. at the City Council Chambers and that all persons were given an opportunity
to be heard on the intent to lease real property.
Passed and approved this 25th day of October 2011.
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City of Brookings
October 25, 2011
63
Second Readings / Public Hearings
15. Public hearing and action on Resolution No. 125-11, a Resolution
of Intent to Lease Real Property in Wiese and Freeland Additions.
The City would like to lease the unsold industrial property located in the Weise
Addition and Freeland Addition for farming operations, which is shown on the enclosed
map. In the past, the City has leased industrial property for farming operations, which
provides for extra income for the City’s Industrial Fund as well as provides for weed
control. The City had bid this industrial property prior to 2008 and for 2009 through
2011. The City entered into a one-year lease agreement with Foundation Seed Stocks,
which is an affiliate of SDSU. The City would like to enter into a one-year lease
agreement with Foundation Seed Stocks for 2012.
Steve Britzman has researched the issue, and provided the SDCL references as:
9-12-5. Powers - Lease or transfer of property for public purposes.
Every municipality shall have power to lease or sell or give and convey any
personal or real property of the municipality or perform any work or render any
services, to the state or any public corporation thereof, to be used by such
grantee for an authorized public purpose; such lease or sale or gift and
conveyance, or the performance of such work, to be authorized, made or done
on the terms and in the manner provided by resolution of the governing body.
9-12-5.1. Powers - Lease of property - Term and conditions.
Every municipality may lease its municipally-owned property. Any such lease shall
be for a term and upon the conditions provided by resolution of the governing
body.
9-12-5.2. Powers - Lease to private person - Resolution - Notice -
Hearing - Authorization.
If the governing body decides to lease any municipally owned property to any
private person for a term exceeding one hundred twenty days and for an amount
exceeding five hundred dollars annual value it shall adopt a resolution of intent
to enter into such lease and fix a time and place for public hearing on the
adoption of the resolution. Notice of the hearing shall be published in the official
newspaper once, at least ten days prior to the hearing. Following the hearing the
governing body may proceed to authorize the lease upon the terms and
conditions it determines.
According to Mr. Britzman, this lease is not required to be bid, due to the fact the entity
is a public-private business entity, though it could be offered for bids if you so desired.
Since “Foundation Seed Stocks”, the proposed lessee, is not a “private person” and is
not technically the “State”-- it is a nonprofit corporation affiliated with SDSU. Britzman
concluded we can lease without bidding provided it is not to a private person.
City of Brookings
October 25, 2011
64
Foundation Seed Stocks proposes to lease this property at $105.00 per acre, which is
the same lease rate they have paid since 2008, and is higher than the previously bid lease
rate of $70.00 per acre in 2007. This lease will be a one year lease, which will allow for
acreage adjustments each year based on land sales. The Notice of Public Hearing was
advertised one time ten days prior to the hearing. This resolution will allow the City to
enter into a lease agreement with Foundation Seed Stocks for one year for the City-
owned industrial property in the Weise and Freeland Additions.
City Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City of Brookings
October 25, 2011
65
Resolution No. 125-11
Resolution of Intent to Lease Real Property in Wiese and Freeland Additions
Be It Resolved by the governing body of the City of Brookings, South Dakota, that the City of
Brookings intends to enter into a Lease with Foundation Seed Stocks for a period of one (1)
year, commencing on March 9, 2012 and ending March 8, 2013, and pertaining to the following
described property:
The designated farmland in the Brookings Wiese Addition, thirty (30) acres more or less in
Section 19, T110N, R49W, and the designated farmland in the Brookings Freeland Addition,
thirty-eight (38) acres more or less in Section 18, T110N, R49W in the City of Brookings,
Brookings County, South Dakota.
The Lease will be an amount of One Hundred Five Dollars ($105.00) per acre for farmland
annually, payable first half on April 1 and the remaining half on November 1. The City of
Brookings may terminate this Lease at any time in the event a parcel of the above described
property is to be sold by the City of Brookings. If a portion of the leased land is sold, the
number of acres to be paid for will be adjusted at the unit price per acre.
Be It Further Noted, that a Public Hearing on this Resolution was held on October 25, 2011 at
6:00 o’clock P.M. at the City Council Chambers and that all persons were given an opportunity
to be heard on the intent to lease real property.
Passed and approved this 25th day of October 2011.
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City of Brookings
October 25, 2011
68
Second Readings / Public Hearings
16. Public Hearing and action on Resolution No. 130-11, a Resolution
for special assessments for weed cutting, tree removal, debris
removal, and snow removal.
This public hearing is for purposes of enforcing City Ordinances per City Council for
the Code Enforcement Division. Enclosed is the codified law which allows the City of
Brookings to tax for the expense of services provided by special assessment. The
Finance Department has invoiced these property owners, sent certified letters, and
published the list in the paper.
9-30-5. Snow removal--Weed removal--Expense paid by special assessment. Every
municipality shall have power to require the owner of abutting property to remove
snow and ice from sidewalks and weeds from parking, and to provide for their removal
and for taxing the expense thereof by special assessment against the abutting property.
Source: RPoiC 1903, § 1229, subdiv 14; SL 1907, ch 95; SL 1913, ch 119,
§53, subdiv 15; RC 1919, § 6169 (46); SDC 1939, § 45.0201 (45).
City Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City of Brookings
October 25, 2011
69
Resolution No. 130-11
Levy Assessment for Weed Cutting, Tree Removal, Debris Removal and Snow
Removal
Whereas, the City Manager has submitted to the City Council Special Assessments against the
owner and legal description listed below as hereinafter set out for the cutting of weeds, tree
removal, debris removal, and snow removal;
Be It Resolved by the City Council of the City of Brookings, South Dakota, these fees be
assessed, in accordance with South Dakota Codified Law 9-30-5 as follows: Martin Hesby, 1928
17th Ave. So., $245.00; John Sondey, 620 Medary Ave, $245.00; Julie Storovich, 1716 15th St. So.,
$145.00; Doris Rodas, 1118 Third Street, $1,832.99; Grunewaldt Properties, 524 Third Street,
$1,132.65; Machoff Kellogg Law Firm, 203 8th St. W, $1,931.47; Machoff Kellogg Law Firm, 203
8th St. W, $315.00; Machoff Kellogg Law Firm, 1630 Elmwood, $830.00; and Green Tree, 208
8th St., $165.00.
Passed and approved this 25th day of October, 2011.
CITY OF BROOKINGS
________________________
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City of Brookings
October 25, 2011
70
Second Readings / Public Hearings
17. Public Hearing and action on Resolution No. 126-11, a Resolution
of necessity for sidewalks.
The City began receiving complaints about areas without sidewalks when proactive code
enforcement for snow removal brought to light areas with existing sidewalks lead into
areas with no sidewalks. The City Council held discussions on May 24th and August 23rd
regarding requiring sidewalks for areas in the City of Brookings which currently do not
have sidewalks. At the August 23rd discussion, several different categories of sidewalks
were discussed which were:
1. Sidewalks required at the time of construction on the lot
2. Areas where after two years where sidewalks have been constructed on 70% or
more of the frontage along a hard-surfaced street between two street
intersections
3. Other pedestrian routes that are lacking sidewalks
4. Lots along 15th Street South that do not have sidewalk (This item was suggested
by the Traffic Safety Committee as a pedestrian route for the Camelot
Intermediate School).
After discussion, the City Council requested the City proceed with a resolution of
necessity requiring sidewalks in 1) Developed properties (sidewalks per city specification
will be installed on each lot at the time of construction) and 2) Areas where, after two
years after sidewalks have been constructed on 70% or more of the frontage along a
hard-surfaced street between two street intersections. These properties are listed on
the attached list.
Committee Recommendations: The Brookings Committee for People who have
Disabilities and Traffic Safety Committee recommendations were provided for the
August 23rd discussion. Both committees supported the installation of sidewalks.
DISCUSSION INFORMATION
The following information is added for the public hearing:
Curb ramp installation: The City’s contractor for the 2011 curb replacement project has
installed new ADA curb ramps along Martin Boulevard and the intersections of David
Cove, Rhonda Road and Teresa Avenue and on the southwest corner of Regency Court
and Western Avenue. The City has contracted with a local landscaper to seed around
the ramps. These ramps were installed in advance of the sidewalk project and provide a
connection for the sidewalks.
Western Avenue: Western Avenue South was built as a City assessment project in 2004
with a 10-year assessment payback time frame. At that time, three homes existed on the
northern end of Western Avenue (on the east side) before the street was built. It was
indicated that on some projects the City would wait until the assessment was paid off
City of Brookings
October 25, 2011
71
before a new assessment project was started. However, a majority of Western Avenue’s
sidewalks have been completed due to new home construction and the City has
received requests from citizens to require the sidewalks on the other Western Avenue
properties as well, especially to provide access to Sarah Renee Park.
Esther Heights Addition: Esther Heights Addition was annexed into the City limits after
several homes had already been built. Brookings county ordinance had not required
sidewalks; however, City ordinance requires sidewalks at the time of construction. Many
homeowners had installed sidewalks in this development when their homes were built
and additional properties installed their sidewalks this summer. Some property owners
have indicated the sidewalks would dead end at 20th Street South or Western Avenue. It
is important to note that 20th Street South is budgeted for construction in 2012 and the
project will include sidewalk on the south side of the street. The 20th Street South
sidewalk will provide an important pedestrian link to the City from Main Avenue to the
Esther Heights and Valley View Additions. The sidewalks on the east end of Martin
Boulevard will end at Western Avenue which is a gravel road at this time, but will be
constructed as a future urban roadway. The Moriarty Heights Addition lots are also
installing sidewalks as each home is built. Some property owners have asked the
sidewalks be installed curb-side and that the City would remove the snow. Sidewalks are
generally installed along the property line and City ordinance requires property owners
to maintain the sidewalks.
STAFF RECOMMENDATION:
There has been much discussion about the area on Western Avenue between 8th Street
South and Regency Court. Property owners in this area have been concerned there is
no connection for the sidewalks at 8th Street South. The City Park Master Plan includes
a bike trail extension, which would start at the current bike trail located on the north
side of 8th Street South near Onaka Trail, route north behind the homes on 8th Street
South, and provide a pedestrian connection with a curb ramp on the north side of 8th
Street South and Western Avenue (See Map 1). Eighth Street South is not a typical City
urban design in this area. The adjacent properties are lower than the street, which
requires the use of ditches and sidewalks, making it nearly impossible to construct along
8th Street South, which is why the bike route connection is preferable. In light of the
unusual street design in this area, staff recommends that the requirement to install
sidewalks on Western Avenue between 8th Street South and Regency Court be delayed
until the 8th Street South and Western Avenue bike connection is budgeted. This will
allow new sidewalks on Western Avenue to have a connection with the new bike trail.
Property owners in this area may install sidewalks before that time frame if they wish to
do so.
Staff recommends sidewalk be required on the other properties listed, which is required
by City Ordinance. Some property owners indicated their sidewalk would connect to
an undeveloped lot, however, the next property owners to develop the lots will connect
their sidewalk to the existing sidewalks. This may create a temporary incomplete route,
which happens from time to time in newer developments.
City of Brookings
October 25, 2011
72
Staff also recommends sidewalks be installed near the property line and maintained by
the property owners. The City Engineer may allow alignment modifications to be
determined on a case by case basis if unusual circumstances exist, such as a tree or
drainage issues.
The attached list shows the addresses of the sidewalks for this public hearing and maps
of the properties are included. Each property owner was mailed a copy of the attached
resolution with the notice of the public hearing by receipt certified mail. If the
Resolution is approved, staff proposes a deadline of June 1, 2012 for property owners to
install the sidewalks if they choose to hire their own contractor or they could be added
to the City’s 2012 concrete sidewalk project.
FUTURE PUBLIC HEARING TOPICS
It was brought to our attention there are two properties on Broken Bow Trail which do
not have sidewalks; 944 and 966 Broken Bow Trail. Both properties meet the City
ordinance sidewalk requirements. Staff would also like to discuss installing sidewalks on
the east side of the vacant lot on the southwest corner of Regency Court and Western
Avenue to provide access to Sarah Renee Park. These three properties are shown in
red, and they could be acted upon on at a future public hearing if the City Council wants
to pursue installation of these sidewalks.
City Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City of Brookings
October 25, 2011
73
Proposed Resolution No. 126-11
Resolution Determining the Necessity of Installing Sidewalks
in the City of Brookings at the Expense of Abutting Property Owners
2012-01SWR Sidewalk Repair Project
Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows:
1. It is hereby determined that sidewalk repairs or installation is necessary abutting the parcels
and lots of land in the City described in the Notice to Property Owners attached to this
Resolution and marked as 2012-01SWR Sidewalk Repair Project.
2. Such sidewalks shall be to the width and of the materials prescribed by Article V, Sidewalks,
of Chapter 74 of the Code Ordinances of the City of Brookings and to the grade and in
accordance with the Plans and Specifications prepared in the Office of the City Engineer.
3. The City Clerk has caused a copy of the Resolution and a Notice to Property Owners to be
mailed to each property owner by certified mail.
Passed and approved this 25th day of October 2011.
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
Addresses for Public Hearing on October 25, 2012 for 2012-01SWR Sidewalk Repair Project
Name Sidewalk Location Mailing Address City/State/Zip Notes Map
Number
Portland Cement Concrete sidewalks per city specification will be installed on each lot at the time of construction
Donald & Trudy McCoy 1824 7th Avenue South 1824 7th Avenue South Brookings, SD 57006 done installed
David & Barbara Dininger 329 Thunder Lane 329 Thunder Lane Brookings, SD 57006 Recommend waiting until
bike trail is budgeted Map 2
Catherine Lakeman Construction of sidewalk located on the
west side of 328 ThunderLane 328 Thunder Lane Brookings, SD 57006 Recommend waiting until
bike trail is budgeted Map 2
Christy Sik 331 Thunder Lane 331 Thunder Lane Brookings, SD 57006 Recommend waiting until
bike trail is budgeted Map 2
William & Rose Davidson 807 Regency Court 807 Regency Court Brookings, SD 57006 Recommend waiting until
bike trail is budgeted Map 2
Bradley Skyberg 415 Powderhorn Pass 315 8th Street Brookings, SD 57006 Map 2
Tim & Melissa Burns 876 Regency Court 876 Regency Court Brookings, SD 57006 Map 2
David Waligoske 878 Regency Court 878 Regency Court Brookings, SD 57006 Map 2
Dusten Hendrickson 981 Broken Bow Trail 981 Broken Bow Trail Brookings, SD 57006 Map 2
Frances Gylling – Trustee 405 Martin Boulevard 405 Martin Boulevard Brookings, SD 57006 Map 3
Jeffrey & Charlene Pinkava 525 Martin Boulevard 525 Martin Boulevard Brookings, SD 57006 Map 3
Harold & Esther Shelden 600 W. 20th Street South 122 West 4th St #4 Brookings, SD 57006 Map 3
Dennis Bedow 2006 David Cove 2006 David Cove Brookings, SD 57006 Map 3
John Ackman 2008 Rhonda Road 2008 Rhonda Road Brookings, SD 57006 Map 3
Mark Foster 2021 Rhonda Road 2021 Rhonda Road Brookings, SD 57006 Map 3
Rachel Skarman 2102 Rhonda Road 2102 Rhonda Road Brookings, SD 57006 Map 3
Michael Hubbard 2107 Rhonda Road 2107 Rhonda Road Brookings, SD 57006 Map 3
Thomas Mittan 2110 Rhonda Road 2110 Rhonda Road Brookings, SD 57006 Map 3
Jeffrey & Julie Jackson 2117 Rhonda Road 2117 Rhonda Road Brookings, SD 57006 Map 3
Joyce Christenson 2120 Rhonda Road 2120 Rhonda Road Brookings, SD 57006 Map 3
William Hinshaw 2122 Teresa Avenue 2122 Teresa Avenue Brookings, SD 57006 Map 3
Thomas & Lori Krogman 2210 David Cove 2210 David Cove Brookings, SD 57006 Map 3
Thomas & Donna Bartholow 2212 Rhonda Road 2212 Rhonda Road Brookings, SD 57006 Map 3
Angela Hatton Attn:
Allison @ FBT 2221 David Cove P.O. Box 5057 Brookings, SD 57006 Map 3
Seth Klentz & Megan Park 2222 Teresa Avenue 2222 Teresa Avenue Brookings, SD 57006 Map 3
Jeffrey & Jenny Grendler 2227 Rhonda Road 2227 Rhonda Road Brookings, SD 57006 Map 3
Kristine Madsen 2228 David Cove 2228 David Cove Brookings, SD 57006 Map 3
Mark Bren 2229 Teresa Avenue 2229 Teresa Avenue Brookings, SD 57006 Map 3
Michael & Hillari Foster 2230 Rhonda Road 2230 Rhonda Road Brookings, SD 57006 Map 3
Steven & Frances Gylling Esther Heights Addn Block 1, Lot 2 405 Martin Boulevard Brookings, SD 57006 Map 3
Alfred & Madeline Andrawis 2534 Western Ave. S.2534 Western Ave. S.Brookings, SD 57006 Map 3
Topline Properties LLC 1104 22nd Avenue South 402 East North Drive Elkton, SD 57026 Map 5
Joseph & Stacy Rice 1715 Edgebrook Circle 1715 Edgebrook Circle Brookings, SD 57006 Map 5
Marlyn Tofte 1727 Edgebrook Circle 1727 Edgebrook Circle Brookings, SD 57006 Map 5
Matthew Lounsberry 810 12th Street South 810 12th Street South Brookings, SD 57006 Map 6
Michael McClemans
(Prairie Meadows, Inc.)900 15th Street South P.O. Box 3 Brookings, SD 57006 Map 6
Wal-Mart Realty Company Trust (Re:
Property Tax Dept)2233 6th Street P.O. Box 8050 MS 0555 Bentonville, AR 72712 no map
After two years after sidewalks have been constructed on 70% or more of the frontage along a hard-surfaced street
between two street intersections, the remaining sidewalk along said street shall be installed.
Clark Drew Construction Timberline Addn., Block 1 Lot 3 302 32nd Avenue South Brookings, SD 57006 Map 2
Patricia Larson Brookdale Addition Block 13 Lot 6 2333 Eastbrook Drive Brookings, SD 57006 Map 4
Lance Park Brookings Mall Addn Lot 1 P.O. Box 557 Brookings, SD 57006 Map 4
Alex & Laurie Haleta Esther Heights Addn 46569 205th Street Bruce, SD 57220 Map 3
David Moriarty Lot East of 1731 Cypress Point Drive (Not
platted)1731 Cypress Point Drive Brookings, SD 57006 Map 5
Future Public Hearing
Lowell Hyland Sarah Renee Addition, unplatted lot on
SW Corner of Regency/Western 2333 Eastbrook Drive Brookings, SD 57006 east side of lot for
pedestrian access to park Map 2
Derek & Natalie Brown South side of lot 966 Broken Bow Trail Brookings, SD 57006 home has been constructed Map 2
Troy & Kelly Hicks East side of lot, north of driveway to
finish the sidewalk connection 944 Broken Bow Trail Brookings, SD 57006 70% completed between
two hard surfaced streets Map 2
City of Brookings
October 25, 2011
82
Second Readings / Public Hearings
18. Public Hearing and action on Resolution No. 127-11, a Resolution
authorizing the issuance of Electric Revenue Bonds; pledging
certain revenues of the City to the payment of said Bonds;
authorizing officers of the City to approve, execute and deliver
certain Agreements and Documents relating to the Bonds.
To: Mayor Tim Reed and Council Members, Jeff Weldon, City Manager
and Shari Thornes, City Clerk
From: Steven J. Britzman, City Attorney
Re: Electric Revenue Bond Resolution
I have reviewed and approve the form of the proposed Resolution authorizing the
issuance of Electric Revenue Bonds for the following improvements: construction of a
115 kV transmission line, reconstruction of three substations, and installation of four
115/12.5 kV transformers and related improvements.
The Revenue Bonds do not constitute an indebtedness of the City within the
constitutional bond limits, because these are revenue bonds and are only payable from
specific electric utility revenues. These Bonds do constitute Qualified Tax-Exempt
Obligations and therefore are subject to the calendar year limit of $10 million dollars.
Steve Meyer will provide further specific support for this Bond issue.
This Resolution authorizes the Mayor, City Clerk, City Manager and City Attorney to
sign the various bond documents. I will review any documents which are submitted to
us for signature. Please do not hesitate to contact me with any questions and I can
easily contact our bond counsel, who is Lynn Endorf, who has worked with the City of
Brookings on previous bond issues. The underwriter is Dougherty & Company, and their
South Dakota representative is former Rapid City Attorney Woody Woodsend who we
have known for many years.
City Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
October 18, 2011
BROOKINGS
municipal utilities
525 Western Ave. • P.O. Box 588
Brookings, S.D. 57006
(605) 692-6325
MEMO
TO: Brookings City Council
FROM: Steve Meyer, Executive Vice preSid~
.I
BMU has been making improvements and replacements to the municipally-
owned electric system since 2004 as part of a project to convert the existing distribution
system to one that operates at a higher voltage through underground conductors. The
conversion project will increase the electrical system capacity allowing BMU to deliver
more electricity to existing customers and serve additional customers.
The improvements will also improve system reliability making BMU's electric
service more marketable and less vulnerable to competition from other electric service
providers or other forms of energy.The improvements will include the replacement of
outdated equipment which will allow BMU to control maintenance costs better and
improve safety. The system improvements will also allow the BMU electrical system to
operate more efficiently. The improvements will decrease the amount of energy lost to
the atmosphere due to transformation and resistance.
BMU has made system replacements and improvements totaling approximately
$10.4 million since the project started in 2004. BMU has used cash reserves to pay for
approximately $5.8 million and revenue bond fmancing of$1.6 million in 2005 and $3.0
million in 2006 to pay for these improvements.
BMU plans to fmance project costs slated for 2011& 2012 with Bonds totaling
$6.5 million. The improvements include the construction of a 2.5 mile 115 KV
transmission line costing approximately $1.5 million, reconstruction of three substations
costing approximately $1.8 million, the installation of four 115/12.5 KV transformers
costing $2.4 million. The improvements are expected to have a useful life in excess of 30
years.
cc: Utility Board
City of Brookings
October 25, 2011
84
RESOLUTION NO. 127-11
A Resolution Authorizing The Issuance Of Electric Revenue Bonds; Pledging Certain
Revenues Of The City To The Payment Of Said Bonds; Authorizing Officers Of The City To
Approve, Execute And Deliver Certain Agreements
And Documents Relating To The Bonds
BE IT RESOLVED by the City Council of the City of Brookings, South Dakota (the City), as
follows:
Section 1. Recitals, Authorization and Findings.
1.1. Recitals. The City is a political subdivision of the State of South Dakota and a body
corporate and politic. Under the laws of the State of South Dakota and the City’s charter, the
City is possessed of all powers which are necessary, requisite or proper for the government
and administration of its local and municipal matters, and all rights and powers that now or
hereafter may be granted to municipalities by the laws of the State of South Dakota. The City,
operating through the Brookings Municipal Utilities (BMU), currently operates a municipal
electric utility (the Utility), consisting of a system or part of a system for the purpose of
providing electricity for municipal, industrial and domestic purposes.
1.2. Authorization. The City is authorized to borrow money and issue its revenue bonds
under South Dakota Codified Laws, Chapter 9-40 (the Act), in order to finance all or a portion
of the cost of acquiring and constructing improvements to the electrical facilities of the Utility,
consisting of the construction of a 115 kV transmission line, reconstruction of three
substations, and installation of four 115/12.5 kV transformers and related improvements (the
Improvements). The City is authorized to make the Improvements, to issue electric revenue
bonds in order to defray the cost thereof and to make all pledges, covenants and agreements
authorized by law for the protection of the owners of the revenue bonds, including, without
limitation, those covenants set forth in Sections 9-40-16 and 9-40-17 of the Act. The City,
acting through BMU, shall impose a separate surcharge for the availability, benefit and use of the
Improvements as a part of the Utility and shall aggregate the gross revenues derived from such
surcharge and the Improvements, together with the expenses of operation and maintenance of
the Improvements. All gross revenues derived from the operation of the Improvements are
irrevocably set aside, pledged and appropriated to a special fund within the Utility as received.
The Bonds, together with any other electric revenue bonds issued by the City to finance other
portions of the Improvements, are payable solely from the revenue or income derived from the
operation of the Improvements and shall not constitute an indebtedness of the City within the
meaning of any constitutional or statutory provisions or limitations.
1.3. Findings. It is hereby found, determined and declared to be in the best interest of the
City to issue its electric revenue bonds, in one or more series (collectively, the Series 2011
Bonds), in accordance with the Act and under the terms and conditions of this resolution and
an Indenture of Trust (the Indenture) to be entered into between the City and First Bank &
Trust, Brookings, South Dakota, as trustee (the Trustee). The Series 2011 Bonds, together
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85
with any other electric revenue bonds issued under the Indenture to finance portions of the
Improvements, and made payable from the surcharge, are referred to herein as the Bonds.
Section 2. Sale, Bond Purchase Agreement, Official Statement, Indenture of Trust, Approval
and Execution of Documents.
2.1. Sale. The Series 2011 Bonds authorized by this Resolution shall be sold to Dougherty &
Company LLC, of Minneapolis, Minnesota, as underwriter (the Underwriter) in an aggregate
principal amount not to exceed $6,500,000, which includes construction costs, the amounts
necessary to fund a debt service reserve fund, pay capitalized interest not to exceed 24 months
on the Series 2011 Bonds, and pay costs of issuance (including an underwriter’s discount not
exceeding 3% of the principal amount of the Series 2011 Bonds). The Series 2011 Bonds shall
be issued in such form, mature at the time or times and on such terms, consistent with this
Resolution, as shall be provided in the Indenture and other agreements whose execution and
delivery is authorized by Section 2.5 of this Resolution, provided the Series 2011 Bonds shall
not mature later than December 31, 2031, and shall bear interest at the rate or rates per
annum provided in the Indenture, but at an average interest rate not to exceed 6.00% per
annum. The City Manager and the General Manager of BMU are hereby authorized and
directed to agree with the Underwriter upon the exact purchase price, principal amount,
maturities, interest rate or rates, payment dates and redemption provisions for the Series 2011
Bonds, within the parameters set forth in this Section.
2.2. Bond Purchase Agreement. The execution of a Bond Purchase Agreement setting forth
such final terms by the Mayor and City Clerk is hereby approved and authorized and such
execution shall be conclusive evidence of such agreement and shall be binding upon the City.
The provisions of the Bond Purchase Agreement as so executed, including all Exhibits and
Appendices thereto, are incorporated herein by reference. The law firm of Dorsey & Whitney
LLP, in Minneapolis, Minnesota, is hereby appointed as bond counsel for purposes of this issue
of the Series 2011 Bonds.
2.3. Official Statement. The Series 2011 Bonds will be offered for sale by means of an
Official Statement. The Mayor, the City Attorney, and the City Manager are authorized, in
cooperation with BMU, the Underwriter, Underwriter’s Counsel and Bond Counsel, to prepare
an Official Statement to be distributed to prospective purchasers of the Series 2011 Bonds.
The Mayor and the City Clerk are hereby authorized and directed to approve, and, if
requested, to execute the final Official Statement. The City hereby consents to the distribution
of the Official Statement to prospective purchasers of the Series 2011 Bonds.
2.4. Indenture of Trust. To provide security for the Bonds and to set forth the terms and
other matters relating to the Bonds, the City shall enter into the Indenture with the Trustee.
The terms of the Bonds shall be set forth in the Indenture, and the City shall pledge the
revenue or income derived from the operation of the Improvements to secure the Bonds. The
Mayor and City Clerk are authorized and directed to approve and execute the Indenture on
behalf of the City. The Indenture shall also provide the forms and other matters of other series
of Bonds issued at substantially the same time as the Series 2011 Bonds; other series of Bonds
shall be issued pursuant to supplements to the Indenture.
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2.5. Approval and Execution of Documents. Upon the determination of the terms of the
Series 2011 Bonds (within the limits set forth herein), the Indenture and the Bond Purchase
Agreement, and such other documents, agreements or instruments as may be necessary to
make covenants and recite facts required to demonstrate the validity and enforceability of
Series 2011 Bonds under the laws of the State of South Dakota and to assure the exclusion of
the interest thereon from the gross income of the owners of the Series 2011 Bonds under the
Internal Revenue Code of 1986, as amended (the Code) and to effectuate the terms and intent
of this Resolution, as may be approved by the City Attorney, shall be executed in the name and
on behalf of the City by the Mayor and the City Clerk in substantially the form to be filed with
the City Clerk, but with such changes therein, not inconsistent with this Resolution, the Bond
Purchase Agreement or other law, as may be approved by the officers executing the same,
which approval shall be conclusively evidenced by the execution thereof.
Section 3. City Officers. The Mayor and City Clerk are hereby authorized and directed to
execute and deliver the Indenture, agreements and documents authorized by Section 2 hereof.
Execution and delivery of such items by the Mayor and City Clerk shall constitute evidence that
such items are consistent with the terms of this Resolution and the Indenture and have been
duly authorized, executed and delivered by the City and are enforceable against the City in
accordance with their terms, subject to customary exceptions relating to bankruptcy,
reorganization, insolvency and other laws affecting creditors' rights. The Mayor, City Clerk and
City Attorney are further authorized to take such other actions as may be required to
effectuate the terms and intent of this Resolution. In the event of the absence or disability of
the Mayor, City Clerk or City Attorney, the acting Mayor, the acting City Clerk or the acting
City Attorney are hereby authorized to act in the place and stead of the Mayor, City Clerk and
City Attorney, and to take all actions and execute all documents approved hereby.
Section 4. Continuing Disclosure Certificate. The City acknowledges that the Series 2011
Bonds are subject to the continuing disclosure requirements of Rule 15c2-12 promulgated by
the Securities and Exchange Commission under the Securities Exchange Act of 1934 (17 C.F.R.
§ 240.15c2-12) (as in effect and interpreted from time to time, the Rule). The Rule governs the
obligations of certain underwriters to require that issuers of municipal obligations enter into
agreements for the benefit of the holders of the obligations to provide continuing disclosure
with respect to the obligations. To provide for the public availability of certain information
relating to the Bonds and the security therefor and to permit participating underwriters in the
primary offering of the Bonds to comply with the Rule, which will enhance the marketability of
the Bonds, the Mayor and City Clerk are hereby authorized and directed to execute a
Certificate of Continuing Disclosure (the Certificate), by which the City agrees to provide such
information, either directly or through a disclosure agent. The City hereby covenants and
agrees to observe and perform the covenants and agreements contained in the Certificate,
unless amended or terminated in accordance with the provisions thereof, for the benefit of the
registered owners or beneficial owners from time to time of the outstanding Bonds as provided
in the Certificate.
Section 5. Qualified Tax-Exempt Obligation. This Council hereby designates the Bonds as
"qualified tax exempt obligations" for purposes of Section 265(b)(3) of the Internal Revenue
Code of 1986, as amended, relating to the disallowance of interest expense for financial
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institutions, and hereby finds that the reasonably anticipated amount of qualified tax-exempt
obligations (within the meaning of Section 265(b)(3) of the Code) which will be issued by the
City and all subordinate entities thereof during calendar year 2011 does not exceed
$10,000,000.
Section 6. Amendment. This Resolution may be amended at any time prior to the issuance
of the Series 2011 Bonds by adoption of a subsequent resolution amending this Resolution.
Upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
Whereupon the resolution was declared duly passed and adopted and was approved and signed
by the Mayor and attested by the City Clerk.
______________________________
Mayor
Attest:
______________________________
City Clerk
Adopted: _______________, 2011.
Published: _______________, 2011.
Effective Date: _______________, 2011.
CERTIFICATE
The undersigned, being the duly qualified and acting City Clerk of the City of Brookings, South
Dakota, hereby certifies that the above resolution is a true and correct copy of the resolution
as adopted by the City Council on ___________, 2011.
WITNESS my hand officially as such City Clerk and seal this ____ day of _____________,
2011.
___________________________________
City Clerk
(SEAL)
City of Brookings
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Alcohol Licenses
19. Action on Resolution No. 128-11, a Resolution establishing the fee
($100,000) for the Issuance of Operating Agreements in the City
of Brookings.
This agenda item is pursuant to Council Member McCleman’s request from October
11th. Resolution No. 128-11 would rescind Resolution No. 38-11, dated March 22,
2011, which established the fee for on-sale alcoholic beverage liquor licenses at $25,000
and would increase the fee to $100,000. A list of the current liquor operating
agreement holders and corresponding expiration dates is enclosed.
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City of Brookings
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Resolution No. 128-11
Resolution Establishing the Fee for the issuance of Operating Agreements
in the City of Brookings
Whereas, the State of South Dakota has authorized municipalities to enter into Operating
Agreements pursuant to SDCL 35-4-19 for the purpose of operating an on-sale alcoholic
beverage establishment for the municipality, and
Whereas, the fee for issuance of an Operating Agreement is a significant contractual provision
to be included in an Operating Agreement, and therefore is appropriate for public discussion
and a determination by the City Council,
Now, Therefore Be It Resolved that the fee for the issuance of Operating Agreements for on-
sale establishments in the City of Brookings is One Hundred Thousand Dollars ($100,000.00),
and be it further resolved that this fee be included as a provision in Operating Agreements
issued after this date.
Passed and approved on the 25th day of October, 2011.
CITY OF BROOKINGS:
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City of Brookings
October 25, 2011
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Resolution No. 38-11
Resolution Establishing the License Fee for the Issuance of Operating Agreements
in the City of Brookings
Be It Resolved by the City Council of the City of Brookings, South Dakota as
follows:
Whereas, SDCL 35-4-2(4) provides the minimum fee for the initial issuance of on-sale alcoholic
beverage liquor licenses, and this statute is also applicable to municipalities under local option,
and
Whereas, the City Council has been advised by its City Attorney that SDCL 35-4-2(4) and
recent statutory changes to alcoholic beverage statutes require a municipality to set the fee for
the initial issuance of an operating agreement at not less than one dollar for each person
residing within the municipality as measured by the last preceding Federal census, and the
Federal Census having recently determined the population of Brookings to be 22,056, and
Whereas, SDCL 35-4-2(4) does not establish a maximum fee for the issuance of Operating
Agreements, and accordingly, the fee may be set by the City Council provided the fee equals or
exceeds the minimum fee,
Now Therefore, Be It Resolved that the fee for the issuance of initial on-sale Operating
Agreements shall be $25,000.00.
Passed and approved on the 22nd day of March, 2011.
CITY OF BROOKINGS:
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City of Brookings
October 25, 2011
91
BUSINESS
OPERATING AGREEMENT
EXPIRATION
1 Fireside Inc. May 2017
2 Applebee's Neighborhood Grill & Bar November 2013
3 (TEMP) BraVo's (Temporary Issuance of License) October 2011
4 (1-year) Brownstone Restaurant & Bar unknown at this time
5 Buffalo Wild Wings Bar & Grill August 2021
6 Cubby's Sports Bar & Grill/GDT Inc. April 2012
7 Danny's/David Olson Inc. March 2017
8 Elks Lodge #1490 N/A
9 Jim's Tap December 2014
10 Lantern Lounge/Half Pint Enterprises November 2015
11 9 Bar Nightclub (Nine Inc.) February 2016
12 Pavilion Inc. (Park Hospitality Inc.) November 2012
13 Pheasant Café & Lounge December 2013
14 Prairie Lanes/Busick-Nelson September 2012
15 Ram & O'Hare's Eng LLC/The Ram December 2016
16 Ray's Corner/Fergen Enterprises Inc. June 2021
17 (1-year) Shamrock & Tappers Bar & Grill August 8, 2012
18 Sully's Irish Pub November 2013
19 Skinner's Pub Inc. June 2014
20 VFW Geo Dokken Post 2118 N/A
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Alcohol Licenses
20. Public hearing and action on the issuance of either On-Sale
Liquor Operating Agreement or On-Sale Restaurant Liquor
License to BraVo’s, Kip and Michelle Pharis, Owners, 610 Medary
Avenue, Brookings, South Dakota, legal description: Lots 3-4-5,
Randi Peterson Addition.
On September 27, 2011, the City Council reviewed the status and terms of the liquor
operating agreement for BraVo’s, 610 Medary Avenue, Kip and Michelle Pharis, owners.
The owners requested removal of temporary status of the BraVo’s agreement without
further investment cost. It was clarified the current agreement expired September 29,
2011. The Council extended the temporary operating agreement for additional thirty
days, expiring October 27, 2011.
The City Council will consider the following options at this meeting:
1) Terminate the temporary operating and enter into an operating agreement of
whatever duration up to the five year with five year renewal;
Possible Action: Motion to approve Resolution authorizing the city manager to
enter into a standard operating agreement for ten years with a five year
renewal at midpoint for a fee per the current resolution.
2) Issue an operating agreement for a shorter duration, or
Possible Action: Motion to approve Resolution authorizing the city manager to
enter into an operating agreement for XX years for a prorated fee per the
current resolution.
3) Terminate the operating agreement and issue a restaurant license.
Possible Action: Motion to approve Resolution authorizing the city manager to
enter into an operating agreement for a Restaurant License at a one-time fee
of $100,000.
Note: If issued a restaurant license, no smoking would be permitted in the
licensee’s current outdoor seating area.
City Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
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Other Business
21. Action on proposed amendments to the City of Brookings
Governance and Ends Policies.
The Governance & Ends Policy has been updated and amended as per the October 11,
2011 Council Work Session. The amendments are as follows: Amended Ends Policy 1,
Financial Stability, Guideline C, Guideline E, Guideline G, and Guideline H, Ends Policy 2,
Municipal Services, Guideline B & Guideline C, and Ends Policy 4, Economic
Development.
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City of Brookings
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100
City of Brookings
Governance
and
Ends Policies
(Showing all changes)
City of Brookings
October 25, 2011
101
City of Brookings
Governance and Ends Policies
This document, established by the Brookings City Council, defines, protects, and prioritizes the
workings of City Government. It is the ongoing hope of the Brookings City Council to lead the
Citizens of Brookings in an ethical and prudent manner, in the best interests of the citizens,
looking to the future rather than the past, as provided in the Mission Statement:
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.
Table of Contents:
Governance Policies
Defining the Purpose of the City Council, City Manager, and all City Employees
1. Governance Process
1.1 Ownership of the Council
1.2 Council Role
1.3 Council Style and Vision
1.4 Council Action
1.5 Council Code of Conduct
1.6 Citizen Advisory Boards
1.7 Review and Update of Policies
2. Council-Staff Linkage
2.1 City Manager Role
2.2 Delegation to the City Manager
2.3 Monitoring Executive Performance
Ends Policies
Establishing what is to be done, for whom, at what cost, and
Executive Limitations to define unacceptable means
1. Financial Stability
2. Municipal Services
3. Business Models
4. Economic Development
5. Employee Training and Development
6. Intergovernmental Cooperation and Relations
Appendix A: City Council Code of Ethics
Appendix B: Volunteer Code of Ethics
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City of Brookings
Policy 1, Governance Process
Defining the purpose of the City Council, City Manager, and all City Employees:
1.1 Governance Process, Ownership of the Council – Key Performance Area
Governance Process is considered a key performance area by the Brookings City Council, and
appears in the Mission Statement as “municipal management.”
The Brookings City Council shall answer to, and take into consideration the best interests of,
all residents of the City of Brookings, both vocal and silent citizens, with respect paid to all
residents, regardless of their economic status. Since the City is “owned” by the Citizens, the
Council’s thinking shall be influenced by this ownership. Secondarily, the City Council shall
consider the needs of any person who regularly shops in, uses facilities of, or accesses services
from the City of Brookings.
1. The Council represents the Citizens. Therefore, it shall educate itself regarding the values
held by the persons it represents and shall act always under the influence of those values. The
Council’s education may be facilitated by (a) formal and informal Citizen opinions; (b) formal
and informal focus groups to explore specific issues; (c) considering input by citizen volunteers
who participate on advisory boards, committees and commissions; (d) monitoring the demand
and utilization of services; (e) discussions with representatives from other governmental and
educational bodies; and (f) reviewing reports and citizen responses in the media.
2. The Council shall report periodically to the Citizens on its stewardship. At least once per
year, the Mayor shall give an accounting of the City’s financial resources and the extent to
which these funds have been translated into services, in the State of the City message.
1.2 Governance Process, Council Role
The role of the Council, on behalf of the Citizens of Brookings, is to assure that the City of
Brookings (a) accomplishes what it should, and (b) avoids unacceptable activities and conditions.
1. The Council will engage in structured contact with citizens of Brookings to represent their
diversity.
2. The Council will define in Ends policies what is to be accomplished in terms of benefits,
recipients, and their relative priorities. It will define in Executive Limitations policies those
activities and conditions it considers unacceptable. The Council will delegate performance
on these matters to a City Manager.
3. The Council will carry out its job with discipline, emphasizing strategic rather than
short-term issues, policy rather than single events, and group rather than individual
decisions.
4. Whenever possible, the Council will avoid the use of committees that separate the
wholeness of the Council. When further research on a topic is needed, the Council may
appoint one member to investigate. However, the Council should avoid subgroups of
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Council members, since subgroups tend to develop a life separate from the Council as a
whole.
5. The annual cycle of the Council will conclude with a review of Ends policies, in April, just
prior to City Manager construction of a new annual plan and budget.
6. The Council shall honor all demands and restrictions outlined in the Brookings City
Charter.
1.3 Governing Process, Council Style & Vision
The Council will govern with an emphasis on (a) outward vision rather than an internal
preoccupation, (b) strategic leadership rather than administrative detail, (c) clear distinction of
Council and City Manager roles, (d) collective rather than individual decisions, (e) future rather
than past or present, and (f) proactively rather than reactivity. The Council will:
1. Deliberate in many voices, but govern in one.
2. Cultivate a sense of excellence. The Council will be responsible for excellence in governing.
The Council will be an initiator of policy, with the advice and counsel of the City Manager.
3. Cultivate a sense of group responsibility. The Council will use the expertise of individual
members to enhance the ability of the Council as a body. However, it is not the intention of the
Council to defer the group’s judgment to any one individual.
4. Direct, control and inspire the organization through the careful establishment of broad
written policies reflecting the Council's values and perspectives. The Council's major policy
focus will be on the intended long-term impacts outside the operating organization, not on the
administrative or programmatic means of attaining those effects.
5. Enforce upon itself whatever discipline is needed to govern with excellence. Discipline will
apply to matters such as attendance, preparation for meetings, policymaking principles, respect
of roles, and ensuring the continuity of governance capability. Continual Council development
will include orientation of new members in the Council's governance process and periodic
Council discussion of process improvement. The Council will allow no officer, individual or
committee of the Council to hinder or be an excuse for not fulfilling its commitments. In
compliance with this policy, in May 2002 the City Council adopted a City Council Code of
Ethics. It is attached to this document as Appendix A.
6. Monitor and discuss the Council's process and performance at each meeting.
Self-monitoring will include comparison of Council activity and discipline to policies in the Ends,
Governance Process and Council-Staff Linkage categories.
1.4 Governance Process, Council Action
The job of the City Council of Brookings is to achieve the mission in a prudent and ethical way.
The job of the Council is to make certain contributions to the total, which are unique to its
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public trusteeship role and necessary for proper governance and management of the City.
Consequently, the "products" of the Council itself shall be:
A. Connection between the Council and its "ownership," the Citizens.
B. Written governing policies that concern:
Governance Process (how the Council carries out its task, and the passing of power
and measurement of its use) and
Ends Policies (what benefits, for whom, at what cost), and Executive Limitations
(prudent and ethical limitations binding upon the staff);
C. The assurance of staff performance (through guidance and evaluation of the City
Manager).
1.5 Governance Process, Council Code of Conduct
Since Council members have no authority as individuals, members shall refrain from efforts that
may lead to situations in which a Councilperson might have occasion to overstep their bounds.
Although not every situation can be outlined, some common areas of concern include:
1. Staff being intimidated or manipulated by a Councilperson’s individual comments or
actions. Council members must bear in mind that at times, staff may ask for an
individual opinion from a Council member, and while the Council member may
sincerely respond only as an individual, staff will often place undue emphasis on the
opinion, due to the Council member’s status.
2. Staff being polarized by dissention. Although all Council members are obligated to
register differences of opinion on Council issues at the Council level as passionately
as desired, individual members must not direct their differences of opinion to staff in
a manner which creates dissension or polarization in the organization.
3. Since no one has the right to speak on behalf of the entire Council, individual
Council members are encouraged to conduct themselves in a professional manner in
all communications.
4. Members will not individually render binding judgments of the City Manager or staff
performance apart from compliance with Council policies as monitored by the
Council as a body.
1.6 Governance Process, Citizen Advisory Boards
The Council values the expression of citizen viewpoints on topics of concern to the Council.
Therefore, the Council will continue the tradition of seeking input from volunteer citizen
advisory boards and committees, although final responsibility for decisions, and the
implementation that follows, rests entirely with the Council. The Council reminds staff that the
ideal purpose of citizen involvement is not to advance staff agendas, but to seek objective
opinions from a diverse range of citizens.
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Guideline A:
The Council will make every effort to offer overall direction and guidelines to citizen
volunteers, through the use of Council Ends Policy statements, and by reviewing the mission
and need for each citizen advisory board and committee on an annual basis. During the annual
review:
1. The Council will determine if the need for a citizen advisory board or committee
justifies continuation of the board or committee. If continuation is justified, proceed to
#2.
2. The Council will make an effort to determine the most effective use of citizen
volunteers, with a primary decision being the length of service for each board and
committee. The Council believes citizen input will be more likely objective and updated
if the advisory board or committee is kept in an ad hoc (short-term) format. However,
the Council recognizes that some complex issues require citizen involvement for a
longer period in order to be effective.
3. Unless otherwise specified by the Council, the City Manager will coordinate the
activities and reporting functions of all citizen advisory boards and committees.
4. The City Manager will base his guidance of citizen advisory boards and committees on
Ends Policies established by the Council.
5. The Mayor, with advice and consent of the Council, will make all appointments to
citizen advisory boards and committees.
6. Upon recommendation of the City Manager, the Council may approve the creation of
ad hoc committees to assist the City Manager or his staff.
7. In compliance with this policy, in May 2002 the City Council adopted a Volunteer Code
of Ethics. It is attached to this document as Appendix B.
Guideline B:
The Council directs all staff to review relevant Ends Policies with citizens upon their
appointment to an advisory board or committee. The Council asks staff to be as objective as
possible in educating and presenting options to citizens, since the purpose of advisory boards
and committees is not only to hear from citizens, but to increase citizen involvement, loyalty,
and creativity toward their City.
1. The Council asks the City Manager to create and regularly update an orientation packet
for each new volunteer that includes relevant Ends Policies.
2. The Council asks staff to review this orientation packet with each potential volunteer,
prior to their appointment, emphasizing this very policy (Policy 1.6), and asking for a
citizen signature on the line that indicates understanding of this policy.
3. Staff will provide regular summaries of citizen committee work to the Council.
1.7 Governance Process, Review and Update of Policies
The Council will review all policies (including Governance, Council-Staff Linkage, Ends, and
Executive Limitations) during the first quarter of each year, although the Council may also
review and update any policy at any time deemed prudent and necessary by the Council. The
Council expects immediate adjustment by the City Manager to any policy change instituted by
the Council.
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City of Brookings
Policy 2, Council-Staff Linkage
Defining the purpose of the City Council, City Manager, and all City Employees:
2.1 Council-Staff Linkage, City Manager Role
As the Council's single official link to the operating City government, the City Manager's
performance will be considered to be synonymous with organizational performance as a total.
Consequently, the City Manager's job contributions can be stated as performance in these, but
not limited to:
1. City government accomplishment of the provisions of Council policies within the Policy
Governance Model, especially Ends Policies, but also including Governance Process, and
Council-Staff Linkage policies.
2. City government operation within the boundaries of prudence and ethics established in
Council policies on Executive Limitations.
2.2 Council-Staff Linkage, Delegation to the City Manager
All Council authority delegated to staff is delegated through the City Manager, so that all
authority and accountability of staff--as far as the Council is concerned--is considered to be the
authority and accountability of the City Manager.
1. The Council will direct the City Manager to achieve certain results, for the citizens, at a
certain cost, through the establishment of Ends policies. The Council will limit the latitude the
City Manager may exercise in practices, methods, conduct, and other "means" through the
establishment of Executive Limitations within those policies.
2. As long as the City Manager uses any reasonable interpretation of the Council's Ends and
Executive Limitations policies, the City Manager is authorized to establish all further policies,
make all decisions, take all actions, establish all practices, and develop all activities.
3. The Council may change its Ends and Executive Limitations policies, thereby shifting the
boundary between Council and City Manager domains. By doing so, the Council changes the
latitude given to the City Manager. Council members will respect and support the City
Manager’s decisions and choices, whenever made pursuant to existing Council Policies.
4. Only decisions of the Council acting as a body are binding upon the City Manager.
5. In the case of Council members, citizen advisory committees, or others, requesting
information or assistance without Council authorization, the City Manager may turn to the
Council for guidance, especially when such requests will require an inordinate amount of staff
time or funds, or are disruptive to the efficient operation of the City.
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2.3 Council-Staff Linkage, Monitoring Executive Performance.
Monitoring executive performance is synonymous with monitoring organizational performance
against Council policies on Ends and on Executive Limitations. Any evaluation of the City
Manager’s performance, formal or informal, may be derived only from these monitoring data.
This policy places the burden of measuring success on two pivotal points: well-defined Ends and
Executive Limitation policies, and accurate measurements. Without well-defined policies and
accurate measurements, the point of monitoring performance is lost. The Council recognizes
the need to insulate the City Manager’s role from performance reviews that rate personality
rather than performance.
1. The purpose of monitoring is simply to determine the degree to which Council policies are
being fulfilled. Information which does not do this will not be considered monitoring.
Monitoring will be as automatic as possible, using a minimum of Council time so that meetings
can be used to create the future rather than to review the past.
2. A given policy may be monitored in one or more of three ways:
A. Internal report: Disclosure of compliance information to the Council from the City
Manager.
B. External report: Discovery of compliance information by an objective party who is
selected by and reports directly to the Council. Such reports must assess executive
performance only against policies of the Council, not those of the external party unless
the Council has previously indicated that party's opinion to be the standard.
C. Direct Council inspection: Discovery of compliance information by a Council
member, or the Council as a whole. This is a Council inspection of documents, activities
or circumstances directed by the Council which allows a "prudent person" test of policy
compliance.
3. The Council recognizes that, at times, non-compliance with a policy may be necessary and
prudent in the short term. However, in order to monitor the performance of the City, and to
modify policies that need improvement, the Council must be constantly aware of compliance
issues. The Council expects monitoring and reporting compliance or non-compliance to be the
City Manager’s highest priority. To promote regular monitoring, the Council asks the City
Manager to follow these guidelines:
A. All Ends and Executive Limitations statements will be monitored and compliance will
be formally announced by the City Manager to the Council on a quarterly basis.
B. Any non-compliance will be reported immediately, at the next Council meeting, if
not before, and non-compliance will then be monitored on a monthly basis, until
compliance is reestablished, or the policy is changed.
4. During the first quarter of each year, the Council will institute a formal evaluation of the
City Manager. This evaluation will consider only monitoring data as defined here, as it has
appeared over the intervening year.
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City of Brookings
Ends Policy 1, Financial Stability
Establishing what is to be done, for whom, at what cost, and
Executive Limitations to define unacceptable means
Financial Stability – Key Performance Area
Financial stability is considered a key performance area by the Brookings City Council, and
appears in the Mission Statement as “fiscally responsible municipal management.”
One of the duties of the City Manager is the development of a process that keeps the Council
aware of upcoming budgetary needs and requests, so that the Council may aid in the creation
of ongoing budget priorities. Good stewardship requires the Council to discern what is in the
best interests of the citizens, and budget accordingly.
Therefore, budgeting for any fiscal period or the remaining part of any fiscal period shall not
deviate materially from Council Policies as established in key performance areas, or other City
Council policies. The City Manager is therefore prohibited from budgeting or spending that:
1. Lowers the City’s bond rating;
2. Lowers the pledged revenues collected by the City in the last preceding fiscal years as
determined by the City to not less than 1.75 times the annual principal and interest
requirements on the outstanding bonds with a goal to maintain a 2 times coverage.
3. Violates Federal, State, or Municipal laws; ethical standards; and generally accepted
accounting and budgeting principles.
In addition, the City Manager may not bypass Council judgment to allow budgeting that:
1. Allows expenditures to exceed revenues, including the contingency as an expenditure;
2. Increases the property tax rate;
3. Includes capital expenditures that have not been previously approved by the Council; in
a Capital Improvement Plan or other council action;
4. Causes the City to incur new debt;
5. Increases operating expenses (meaning personnel and capital excluded) in any
department beyond inflation using at least a rolling six month average of the Midwest
Consumer Price Index;
6. Provides for employee compensation and benefits that exceed market standards;
Guideline A:
With respect to budget preparations, the City Manager shall stay within the confines of what
constitutes a conservative perspective, as it is the Council’s intention to:
1. Make conservative revenue projections using the previous five-year average as a
benchmark, with an emphasis on the previous year actual and current year actual.
Projections using current data should not be made with less than 6 months rolling actual
data.
2. Provide valuable citizen services;
3. Lighten the debt load of the City;
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109
4. If a property tax rate is justified only because of state limitations, a special reserve will
be created.
5. The City has established the policy that financial, service and program performance
measures be developed and used as an important component of decision making and
incorporated into governmental budgeting. The City encourages all departments to
utilize performance measures. At a minimum, performance measures should be used to
report on the outputs of each program and should be related to the objectives of each
department. Performance measures should:
a. Be based on program objectives that tie to the City Council’s goals and
program mission or purpose;
b. Measure program results or accomplishments;
c. Provide for comparisons over time;
d. Measure efficiency and effectiveness;
e. Be reliable, verifiable and understandable;
f. Be reported internally and externally;
g. Be monitored and used in decision-making processes; and
h. Be limited to a number and degree of complexity that can provide an efficient
and meaningful way to assess the effectiveness and efficiency of key programs.
Guideline B:
In addition, as the City Manager assumes his duties, the Council requests that the City Manager
keep information flowing to the Council, especially concerning plans relating to consolidation or
expansion of any City departments. Therefore, the City Manager may not consolidate or
expand any City Department without first informing the Council of the intended action.
Guideline C:
With respect to reserve funds the City Manager’s overall budgetary goal will be to
present a budget that allows for reasonable reserve creating options for the
Council. The City Manager may not bypass Council judgment to allow budgeting
that:
1. Lowers the General Fund Reserve below a 3-month operational level:
a. The 3-month calculation shall be based upon General Fund expenditures,
derived from the previous year’s Audited Financial Statement. The reserve
amount shall reflect the targeted reserve amount, deficiencies below the
targeted reserve amount and any discretionary funds available above the
targeted reserve amount.
b. General Fund reserves may be used at the Council’s discretion to address
temporary cash-flow shortages, emergencies unanticipated economic
downturns, one-time opportunities and capital needs related to buildings,
structures and vehicles used specifically in the operation of the General
Fund. They provide flexibility to respond to unexpected opportunities that
may help the City achieve its goals.
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October 25, 2011
110
The funds identified in “b” above may be used at the Council’s discretion to
address temporary cash flow shortages, emergencies, unanticipated economic
downturns, and one-time opportunities. They provide flexibility to respond to
unexpected opportunities that may help the City achieve its goals.
2. Lowers the following funds below the following:
a. The Industrial Development fund – a cash flow reserve of 10% and a capital
reserve of 90% funded with revenue from the sale of industrial lands with a
minimum of $500,000 in capital reserve.
b. The Special Assessment fund – a reserve based on an annual analysis of
current development and future needs.
c. The Storm Drainage fund - a cash flow reserve of 20% of annual revenues
and a capital reserve based on the capital improvement plan with a
minimum of 80% of annual revenues from the previous year.
The City of Brookings establishes and will maintain reservations of Fund Balance, as defined
herein, in accordance with Governmental Accounting and Financial Standards Board Statement
No. 54, Fund Balance Reporting and Governmental Fund Type Definitions. This Policy shall
only apply to the cities governmental funds. The fund balance information is used to identify
the available resources to repay long-term debt, reduce property taxes, add new governmental
programs, expand existing ones, or enhance the financial position of the City, in accordance
with policies established by the City Council. Fund Balance shall consist of five categories: non-
spendable, restricted, committed, assigned and unassigned amounts.
a. Non-spendable Fund Balance– Amounts that are not in a spendable form (such as
inventory) or are required to be maintained intact.
b. Restricted Fund Balance – Amounts that can be spent only for the specific purposes
stipulated by external resource providers, or enabling legislation. Restrictions may be
changed or lifted only with the consent of the resource providers.
c. Committed Fund Balance- Amounts that can be used only for the specific purposes
determined by a formal action of the City Council. Commitments may be changed or
lifted only the City Council taking the same formal action that imposed the constraint
originally.
d. Assigned Fund Balance-Amounts the City intends to use for a specific purpose.
e. Unassigned Fund Balance- The residual classification for the general fund and includes
amounts that not contained in the other classifications. Unassigned amounts are the
portion of fund balance which is not obligated or specifically designated and is available
for any purpose.
The City Manager is directed to use first the restricted resources, prior to the use of the
unrestricted resources, when an expense is incurred for purposes for which both restricted
and unrestricted funds are available. When expenditures are incurred for purposes for which
amounts in any of the unrestricted fund balance classifications can be used, committed amounts
should be reduced first, followed by assigned amounts and the unassigned amounts.
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111
City Council hereby directs the City Manager to establishes and maintain the following
committed fund balance:
a. Fiscal Stabilization Arrangement-A minimum of 10 percent of the General Fund
beginning adopted appropriations (expenditure budget) should be incrementally
established and maintained for use in meeting unanticipated needs and/or emergencies.
I. Use of Stabilization Fund Balance-The amount shall be used only after all efforts
have been exhausted to fund unanticipated needs and/or emergencies, such as
would occur in event of a natural disaster. Once the City Manager or his/her
designee has determined that it is necessary to draw down fund balance, written
communication should be provided by the City Manager to the City Council,
explaining the nature of the unanticipated need and/or emergency and requires
approval by a two-thirds vote of the Council. The Stabilization Fund Balance
may not be used for more than two consecutive years.
II. Replenishment of Stabilization Fund Balance-If the reserves are drawn down
below the minimum required level of 10 percent, then a budgetary plan shall be
implemented by the City Manager to return the reserve to a minimum 10
percent level in no more than a 5 year period. The City Manager will report the
progress of the replenishment to the Council in the annual budget.
III. Funding of Stabilization Fund Balance-Proceeds from the sale of City owned
surplus property and any other funds identified in the budget will be used to
increase the reserve. Interest earnings will be applied on the reserve balance
each fiscal year until replenished to the minimum required level.
The City Council directs the City Manager to establish annually the Assigned Fund Balance by
identifying at the close of each fiscal year, subject approval of the City Council, funds identified
in the annual budget and any revisions thereto to provide for differences, if any, between
budgeted revenues and expenditures for a specific purpose; however, before expenditure,
amounts must be appropriated by the City Council.
Council options for further reserves include:
a. Transfer to increase the reserve of another fund that is not at the established
target;
b. To finance un-funded necessities of the previous year’s budget reductions;
c. To pay off debt with a portion of the reserve;
d. To finance the expansion of City services;
e. To offer property tax, or other tax relief.
Other governmental funds are not addressed as they exist primarily to ensure and demonstrate
compliance with limitations on the use of existing dedicated revenues and that they were
expended for their intended purposes. Capital project funds would be spent out at the end of
the project.
Guideline D:
The use of one-time revenues will be guided by this policy. Examples of one-time revenues
include: infrequent sales of assets, bond refunding savings, infrequent revenues from
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development, and grants. These revenues may be available for more than one year (a three-
year grant), but are expected to be non-recurring. Examples of expenditures for which the
City may wish to use one-time revenues include startup costs, stabilization (to cover
expenditures that temporarily exceed revenues), early debt retirement, and capital purchases.
The City Manager will not bypass Council judgment in making use of one-time revenue. In
utilizing one-time revenue, the City Manager will carefully analyze and minimize the need for
ongoing expenditures.
Guideline E:
Capital expenditures will be planned each year in a five-year capital improvement plan. The
annual budget will provide a separate accounting of capital expenditures in each department.
The city manager should plan major projects with an estimated expenditure and with sources of
funding identified. The general fund expenditures for furniture, equipment, and
buildings is expected to fluctuate, but an average of 10% of the total general fund
expenditures is expected, this includes the amount funded by the 25% 2nd Penny
funds.
Guideline F:
Upon the City Council’s adoption of an annual budget and five year capital plan that is
presented in accordance with Guidelines A through E, the City Manager assumes responsibility
for ensuring compliance with the budget as an established City Council Policy. This includes
expenditure control, and program and service delivery within that budget.
Minor deviations are tolerable and encouraged to maintain cost control and deliver quality
services. Examples of minor deviations are variances of purchases and costs between line items
in a budget, changes in programs and services resulting in cost savings or without cost, the use
of grants that do not cause future costs, and the purchases of minor equipment. This list is not
exhaustive.
Major deviations require notification and sometimes-prior approval by the City Council.
Examples of major deviations include the use of the contingency fund, program eliminations or
additions, the use of cash instead of debt when debt was planned, changes in the capital
improvement plan, and change orders in capital projects. This list is not exhaustive.
To facilitate a budget that can respond to changing needs, the City Council will approve a
contingency fund for the City Manager to utilize at his/her discretion. Examples of uses for the
City Manager’s contingency fund include: unbudgeted training opportunities for staff; purchases
of software, hardware, and small equipment that was unbudgeted; one-time expenditures to fill
a major position vacancy; one-time expenditures requested by outside entities; and
emergencies in general. The Manager would be expected to make an effort to avoid utilizing
the contingency.
The City Manager will report compliance or deviations from this Guideline for Financial Stability
on a quarterly basis.
Guideline G:
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Budgets for Enterprise Funds will be prepared by the City Manager with a goal of providing
quality services and sustaining a maximum return to the General Fund on a long-term basis. A
return on assets (ROA) will be calculated on an annual basis. Net Assets serve over
time a useful indicator of a government’s financial position. Within the annual
financial statement the City Manager will annually provide a management
discussion and analysis of business type funds and the changes in net assets.
Guideline H: Appropriation and Subsidy Policy & Guidelines
Purpose. The purpose of this policy is to establish guidelines and criteria regarding the
allocation and use of municipal subsidies within the City of Brookings. These guidelines shall be
used in processing and reviewing applications requesting municipal subsidy assistance.
Protecting the financial interest is of the City of Brookings is of the utmost importance, so it is
the intent of the city to provide a minimum amount of municipal subsidies, as well as other
incentives that the City may deem appropriate, for the shortest term required for the project
to proceed.
The City reserves the right to approve or reject projects on a case-by-case basis, taking into
account established policies, specific project criteria, and demand on city services in relation to
the potential benefits to be received from a proposed project.
Meeting policy guidelines or other criteria does not guarantee the award of municipal subsidies.
Furthermore, the approval or denial of one project is not intended to set precedent for
approval or denial of another project.
Whenever possible, it is the City’s intent to coordinate the use of municipal services with other
local governing bodies and taxing jurisdictions.
Objective of Municipal Subsidies. 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.
To fulfill this commitment, the Brookings City Council will closely examine its goals and the
goals of its city departments to identify outcomes that will meet the standards as outlined in the
mission statement above.
The Council also recognizes that its support of programs and services outside the scope of its
city departments may be necessary to fulfill the commitment and achieve the desirable quality of
life for its citizens. As a matter of policy, the City of Brookings will consider using municipal
funds to assist in the following areas, but are not limited to, opportunities in the areas of:
Affordable Housing
Arts & Culture
Youth Development
Diversity
Economic Development
Education & Literacy
Environment
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114
Government Stewardship
Health
Parks, Recreation & Open Spaces
Partnerships
Preservation/ History
Safety
Transportation/Transit
The Brookings City Council may choose to annually allocate a specified funding amount for a
specific category, regardless of the number of applicants for that particular programming area.
General Guidelines for the Allocation of Municipal Subsidies. The City of Brookings may allocate up
to four (4) percent of the annual General Fund expenditures to subsidize community needs and
programs. The City’s current and projected financial health and stability will be the key
deciding factor in determining its ability to provide funds to outside organizations.
In addition, the Council will consider a number of factors as defined in the City’s Funding
Application when making this decision. A key factor will be the applicant’s ability to provide a
service or outcome that improves the quality of life for the citizens of Brookings. The applicant
must also provide a “but for” analysis which demonstrates the need for public assistance.
Other factors include the applicant’s ability to become self-sustaining, the duration of the
funding commitment, and operating verses capital requests.
Municipal subsidy will not be used for projects that would place extraordinary demands on city
infrastructure and services.
Request for donations or subsidies from individuals, religious or political groups based out of
the City of Brookings will not be considered.
Request for donations or subsidies from qualified organizations outside of the funding timeline
will not be considered.
General Guidelines for Subsidies. The Brookings City Council evaluates program-funding
proposals on an annual basis for funding in the following calendar year. The City’s fiscal year is
January 1 to December 31. Proposals must be submitted to the City Clerk in accordance with
the budget cycle schedule and proposal format outlined below. Requests may only be made
during this period of time. Completed applications must be received on or before June 1st of
each given year.
Following, a review by the City Manager and Finance Manager, the application shall be referred
to the City Council for further consideration during the annual budget meetings.
Organizations applying for a donation or subsidy must submit a completed Application for
Funding along with a detailed description of the project; a preliminary site plan; the amount
requested; the duration of the funding request; the public purpose of the project; verifiable
funding sources and uses; and a “but for” analysis which demonstrates the need for public
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assistance. Additional documents that may be required include the organization’s current
expense statement and budget, Board of Directors listing, current Annual Report, and all other
items specified in the City of Brookings Application for Funding.
Budget Hearing Process. Brookings City Council budget meetings are held in the months of
August and September. All budget meetings are open to the public. Applicants may or may not
be invited to make a presentation on their funding proposal. Applicants are encouraged to
attend all budget meetings to remain informed during the process. Applicants should be
prepared to answer questions based on the application. Final action on the budget occurs at
the last Council meeting in September.
Brookings School District Subsidies. Appropriation of public funds can be set aside for specific
purposes which promote the City of Brookings mission and the local quality of life within the
City of Brookings. Brookings Municipal Utilities transfers funds each year to the General Fund
as a means to keep city property taxes at a low level for the citizens of Brookings. The City of
Brookings may annually appropriate not less than 13.5% up to 15% of the transfer from the
Brookings Municipal Utilities to the Brookings School District.
Economic Development/Promotions Subsidies. A subsidy from the 3rd B Fund shall meet the
requirements of the SD State Statute 10-52-8*. Funds will be appropriated from the 3rd B Fund
to entities with the capacity to promote and advertise the city, its facilities, attractions, and
activities. In any fiscal year, the City may require the unencumbered funds be returned to the
City 3rd B Fund.
Subsidy Agreement and Reporting Requirements. The City of Brookings requires all recipients of
municipal funds to enter into appropriate agreements that identify the reason for the subsidy,
the public purpose served by the subsidy, subsidy payment schedule, final the specific
performance measurements to be attained, and final reporting on outcomes. Failure to provide
final reporting of funds and all other required reports will make applicant ineligible for future
subsidies.
The City has established the policy that financial, service and program performance measures
be developed and used as an important component of decision making and incorporated into
governmental budgeting. The City encourages all departments to utilize performance
measures. At a minimum, performance measures should be used to report on the outputs of
each program and should be related to the objectives of each department.
The performance measurements should:
1. Be based on program objectives that tie to the City Council’s goals and program mission
or purpose;
2. Measure program results or accomplishments;
3. Provide for comparisons over time;
4. Measure efficiency and effectiveness;
5. Be reliable, verifiable and understandable;
6. Be reported internally and externally;
7. Be monitored and used in decision-making processes; and
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8. Be limited to a number and degree of complexity that can provide an efficient and
meaningful way to assess the effectiveness and efficiency of key programs.
All agreements and reports shall be timely prepared and filed with the City Clerk. Failure to
comply with any of these requirements may result in the revocation of the requested subsidy as
well as fines, repayment requirements, and a determination that the organization is ineligible for
future municipal subsidies for a period of years.
* Applicable State Statute:
10-52-8. Additional tax on lodgings, alcoholic beverages, prepared food, and admissions -- Purposes -- Conformance with state sales and use
tax. Notwithstanding the tax rate limitations of §10-52-2 or 10-52-2.1, any municipality may impose an additional municipal non-ad valorem tax
at the rate of one percent upon the gross receipts of all leases or rentals of hotel, motel, campsites, or other lodging accommodations within
the municipality for periods of less than twenty-eight consecutive days, or sales of alcoholic beverages as defined in §35-1-1, or establishments
where the public is invited to eat, dine, or purchase and carry out prepared food for immediate consumption, or ticket sales or admissions to
places of amusement, athletic, and cultural events, or any combination thereof. The tax shall be levied for the purpose of land acquisition,
architectural fees, construction costs, payments for civic center, auditorium, or athletic facility buildings, including the maintenance, staffing, and
operations of such facilities and the promotion and advertising of the city, its facilities, attractions, and activities. Such taxes shall conform in all
respects to the state sales and use tax on such items with the exception of the rate.
City of Brookings
October 25, 2011
117
City of Brookings
Ends Policy 2, Municipal Services
Establishing what is to be done, for whom, at what cost, and
Executive Limitations to define unacceptable means
Municipal Services – Key Performance Area
Municipal Services is considered a key performance area by the Brookings City Council, and
appears in the Mission Statement as “providing a high quality of life for citizens.”
The City Council deems City Services, along with fiscal management, as the highest priorities of
the City Manager and City Employees. There is no more important function of City
Government than to serve the Citizens of Brookings in a friendly, effective manner.
For this document, the City Council defines Municipal Services as Life Safety (police and fire),
and Functional Services (all other departments).
Guideline A:
In terms of Life Safety, involving the police and fire departments, the City Manager will:
1. In emergency situations, uphold the decisions made by the fire or police chief;
2. Maintain personnel at established baselines;
3. Provide appropriate equipment to maximize safety of personnel;
4. Enforce ordinances and laws;
5. Not allow situations to develop that may raise insurance rates for citizens or for the
City;
6. Maintain the budget in such a way that will not lower the quality of services.
Guideline B:
In terms of Functional Services, which include all departments of the City other than Life Safety,
the City Manager will:
1. Repair infrastructure in a timely manner;
2. Increase services while forecasting benefits;
3. Expand department budgets only while documenting baselines;
4. Approve changes that fall within the long-term plan;
5. Be intolerant to waste or inefficiency of any kind; Continually strive to
improve operational efficiencies;
6. Be intolerant to poor service by City Employees; Establish, model, and
enforce the highest standards of exceptional customer service from city
employees.
7. Enforce ordinances and laws;
8. Document ongoing citizen satisfaction and performance reviews for services
provided;
9. Provide support and guidance for staff when they are forced to work outside of
their expertise;
10. Seek opportunities to share facilities with other entities;
11. Anticipate foreseeable needs;
12. Use foresight in developing services;
13. Deliver services in a timely and quality manner;
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14. Consider citizen complaints;
15. Emphasize a user-friendly approach;
16. Apply technology whenever beneficial.
Guideline C:
The City of Brookings has unique enterprise operations including the Solid Waste Fund,
Disposal (landfill), the Solid Waste Collection, the Edgebrook Golf Course, the
Research and Technology Center, the Liquor Retail Store, and the Liquor Override. In
terms of enterprise operations the City Manager will:
1. Comply with Guideline B;
2. Review the Return on Assets (ROA) on an annual basis. The Return on Assets will be
calculated comparing the net profit to the total assets of each enterprise
operation. Net profit will be calculated using the total revenue of each
enterprise including the sales of services or goods, interest, rents, sale of fixed
assets, and miscellaneous income minus all expenses including depreciation,
using the formula: Net income divided by average total assets. The numbers to
calculate the return on assets ratio will be taken from the last and latest balance
sheets and latest income statements for each enterprise fund. It will be
necessary to average the total assets entries from your last and current balance
statements when doing the calculation, but excluding the General Fund transfer
expense. Total assets will include long-term assets and current assets, but not
restricted cash controlled by other entities (such as grants, closure funds, etc.).
3. Net Assets are an indicator of a financial position. The financial position of an
enterprise fund can be tracked over time to assess whether a funds financial
health is improving or deteriorating. The City Manager will report annually to
the City Council a comparison of the net assets for the two most recent audited
fiscal years for the above enterprise funds listed in Guideline C.
4. In addition the Liquor Fund’s annual report will be presented annually
comparing the net profit as the net asset report includes both the operating
agreement income and the retail income.
5. Compare, as a percentage, the General Fund Transfer to the gross revenue of each
enterprise operation on an annual basis;
General Fund Transfer Comparison, Item #3
Return On Assets, Item #2
Year Landfill Collections Liquor Retail
2000 10.3% 26.5% 14.8%
2001 10.7% 35.4% 14.0%
2002 8.7% 16.5% 15.6%
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119
Total
Year Landfill Collections Liquor Retail Override
2000 13.2% 6.6% 6.1% 4.6% 7.3%
2001 14.0% 6.7% 5.9% 4.4% 7.1%
2002 29.2% 12.4% 6.5% 5.1% 7.8%
6. Compare the enterprise operations against other similar government
operated enterprises in the state of South Dakota every two years. However,
a description of the uniqueness of the enterprise operations must accompany
the comparisons, which may include:
a. Services provided
b. Service area
c. Fees charged
d. General Fund Transfers (if any)
e. Total gross revenue generated
f. Source of funding for capital expenditures (revenues, grants, second
penny sales tax, general fund, loans, etc.)
Redwood
Brookings Marshall, MN Falls, MN
Comparison of
Operations
~~2002~~ ~~~2001~~~ ~~2002~~
Population 18,500 12,023 4,859
Retail Sales 2,157,279 2,777,370 1,119,481
Override Sales 2,952,863 0 0
Net Profit/Retail 119,606 436,371 80,753
Transferred/Retail 110,773 301,230 25,000
Net Profit/Override 232,580 0 0
Transferred/Override 221,547 0 0
7. Calculate earnings ratio on an annual basis; (sales of goods or services minus
expenses including depreciation, but excluding the General Fund transfer;
divided by sales of goods and services times 100)
Earnings Ratio, Item #5
Total
Year Landfill Collections Liquor Retail Override
2000 28.9% -31.8% 6.1% 4.6% 7.7%
2001 28.3% -6.0% 6.1% 4.6% 7.8%
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2002 22.8% -11.9% 6.9% 5.5% 7.9%
6. Review a five year Capital Improvement Plan (CIP) on an annual basis. The CIP must list
the capital outlays and source of funds, including demonstrating that needed capital
reserves are maintained so that the enterprises are being operated in a stable financial
manner.
Each department prepares a Five-year CIP on an annual basis.
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121
City of Brookings
Ends Policy 3, Business Models
Establishing what is to be done, for whom, at what cost, and
Executive Limitations to define unacceptable means
Business Models, (Long Range Planning, Customer Satisfaction, Productivity and
Process Improvement)--Key Performance Areas
Operation of the City under a business model, emphasizing long range planning, customer
satisfaction, and productivity and process improvement, is considered a key performance area
by the Brookings City Council, and appears in the Mission Statement as “innovative thinking and
strategic planning.”
The City Council chooses to import models and practices not only from government, but just
as importantly, from innovative business models. In other words, the Council wants the City,
whenever possible and prudent, to operate with similar systems and attitudes adopted by any
successful business. Some of the major themes the Council chooses to emphasize are:
1. Benchmarking. The Council wants to constantly compare City performance with other
cities and other departments; to be sure Brookings is operating in not only an efficient,
but creative and innovative manner. The Council is aware that Brookings is unique—at
times, the City’s emphasis and direction will, and should, differ considerably from other
cities. However, information about best practices from other communities will always
help the Council make better choices.
2. Continuous improvement. The Council expects measurements of performance to
challenge the status quo, through the use of continuous improvement processes. Since
the needs of our citizen customers are constantly changing, so should our practices.
3. Goal-setting. The Council expects specific goals to challenge each City Department.
4. Accountability. The Council expects the City Manager to hold City Employees to
standards that demand excellence. “Good enough” is not an acceptable standard.
5. Customer satisfaction. The Council expects the City to institute a form of measurement
to gather and monitor customer satisfaction.
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122
City of Brookings
Ends Policy 4, Economic Development
Establishing what is to be done, for whom, at what cost, and
Executive Limitations to define unacceptable means
Mission Statement - 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.
Economic Development – Key Performance Area
Economic Development and expansion is considered a key performance area by the Brookings
City Council, and appears in the Mission Statement as “fostering a diverse economic base.”
The Council understands and intends to emphasize the importance of a healthy economy in
Brookings and the surrounding area. For the entire community a healthy economy is critical to
a high quality of life. Because of its great importance, there are many entities involved in
economic development in Brookings. As the City is a significant funding source for much of the
economic development efforts in Brookings it is the Council’s intention to spend economic
development dollars in the wisest most productive manner possible.
The City Council’s desired End is to have an economy that is healthy and growing with enough
economic activity to support and fund public services. Toward that end, some overall
indicators, expressed as ends, have been identified:
A. The property tax base is growing.
B. Sales taxes are increasing.
C. Retail, Commercial, and Industrial buildings are not vacant.
D. There are employment opportunities.
E. There are competitive wages.
Having developed some overall Ends, following are more specific Ends to provide guidance to
both the City Council and the City Manager.
1. City Government is prepared for economic development opportunities.
a) 20 5% of the annual revenue of 75% - 2nd Penny Sales & Use Tax should be
reserved un-obligated 75%-2nd Penny dollars are set aside for future
economic development opportunities until a $1 million dollar committed fund
balance is achieved. A strategic plan will be developed to replenish the
committed fund balance should it fall below the minimum committed
fund balance of $1 million dollars.
b) One time sales of land will be added to the committed fund balance for
future land purchases for industrial and economic development.
c) The City Manager is designated as the primary contact from city government for
economic development inquiries.
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d) City government, through its City Manager, acts as a facilitator for cooperation
amongst the various economic development entities.
e) There is adequate land available for future Industrial and Commercial development.
f) BEDC has an Action Plan with Committees in place to foster economic
development, create opportunities, and react to opportunities.
2. Economic development entities are working cooperatively and collaboratively.
a) A comprehensive economic development strategy exists.
b) Economic development entities, the Growth Partnership Board, the BEDC,
the DBI, and the Chamber meet with the city manager on a regular basis and
report to the City Council on a regular basis.
c) There is an excellent relationship between economic development entities and the
Governor’s Office of Economic Development.
d) The BEDC is the primary host. There is a will be a planned, cooperative
effort for all “hostings”.
3. Economic development efforts are conducted with an emphasis on the community’s
assets.
a) The growth and expansion of existing Brookings industries and retail is the primary
target for increased employment and economic growth.
b) SDSU students and SDSU Colleges are viewed as potential partners to targeted
businesses and industries. A business or industry closely related to a field of study
at SDSU can profit from the use of a quasi-professional/professional work force
willing to work part-time and eventually full-time, the knowledge base held within an
SDSU college, and other partnerships with SDSU.
c) The City will partner with the innovation campus at SDSU.
4. The land around the Swiftel Center/Ice Arena is developed to enhance and complement
the existing land use in the area.
5. Tourism is bringing outside money to the community.
a) Quality events and promotions occur frequently.
b) There is an events coordinator and an emphasis on filling the summer months
with activities. Hotel rooms are full.
c) “3rd Penny” tax receipts are increasing.
d) Sales tax receipts are directly impacted by events.
e) Facilities (Ice Arena, Swiftel Center, Sports Fields, Performing Arts Center,
Wellness Center) are used at capacity.
f) Promotion dollars leverage significant visitor spending.
g) The community accepts a plan for the broadening of the tax base for
promotional uses.
6. Tourism entities are working cooperatively and collaboratively.
a) A comprehensive promotion strategy exists.
b) City Government acts as a facilitator for cooperation among the various tourism
entities.
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7. Business Improvement District #1 “Pillow Tax” is bringing outside money to
the community.
a) Conferences, conventions, meetings occur frequently.
b) The CVB aggressively recruits and promotes activities with an
emphasis on filling week days with activities and increase week day
overnight stays.
c) Facilities are maintained, expanded to remain competitive in the
market.
d) BID Tax “Pillow Tax” funds leverage significant visitor spending.
e) The Board of Directors appointed by the City Council annually
prepares and updates plan reporting improvements for the district
area for City Council approval.
f) The City Council shall assign 10% of the annual revenue from the
“Pillow Tax” until such time a minimum of $100,000 is assigned and
maintained for the specific purpose of cash flow.
8. The Research and Technology Center operates to facilitate the start-up and continued
health of agricultural and research commercial based business and industry.
Businesses and organizations placed in the Center are agricultural research
and technology based. A specific policy guides the management of the Research and
Technology Center.
9. Because the State of South Dakota provides local control of the number of liquor
licenses allowed in a City, there are ample liquor licenses available for future
development of amenities the traveling and visiting public desires. The City of
Brookings has a policy to guide the distribution of licenses (operating agreements).
10. The cost appropriation for tourism and promotion will not exceed the sum of the
“3rd Penny” revenues raised annually to $300,000.
11. The cost of economic development activities fluctuate based on the need and projects
proposed.
12. The City Council has considered predevelopment agreements with large retail
developments.
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125
City of Brookings
Ends Policy 5, Employee Training and Development
Establishing what is to be done, for whom, at what cost, and
Executive Limitations to define unacceptable means
Employee Training and Development—Key Performance Area
Employee Training and Development is considered a key performance area by the Brookings
City Council, and appears in the Mission Statement as “proactive, fiscally responsible municipal
management.”
The Council values City of Brookings employees as emissaries to the world. With this in mind,
the work environment for employees shall be one in which employees are appreciated, and
encouraged to grow and expand their skills. Compensation and benefit packages will promote
excellence, within the safest possible working conditions. The goal of training shall be to
provide tools to assist staff to exceed management and customer expectations.
Deviations from the below stated guidelines must be reviewed and approved by the Council.
Guideline A:
Training shall equip employees with the attitudes and behaviors necessary to achieve
excellence. Based on this guideline, training shall:
1. Commence immediately upon hiring, and continue throughout the career of the
employee, providing specific tools for optimal performance and productivity;
2. Emphasize continuous improvement of employees and processes;
3. Enhance an employee’s opportunity for promotion;
4. Emphasize customer service;
5. Focus on effective technological practices.
Guideline B:
Compensation Ranges will be objectively determined by the City Manager in accordance with
this policy. Research shall compare compensation and benefits with those of other public
entities with whom the City may compete for qualified employees, along with private sector
organizations that have similar positions in the surrounding area.
Infrequently, full market surveys may be required to evaluate and implement necessary
modifications to the City’s pay system. Full market surveys that might require the services of a
consultant to evaluate the City’s compensation levels will be completed only upon
recommendation of City Manager and approval by the Council.
The organizations to be included in the market research for non-exempt positions will consist
of other public sector entities primarily in South Dakota, as well as private sector organizations
in the local region, as appropriate, that have similar positions. For management and
professional positions, the market will include many of the organizations previously identified,
plus similarly sized cities in surrounding states that the city would compete with for applicants
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126
as identified by the City Manager. It is not intended that the market will include significantly
larger South Dakota cities, such as Sioux Falls and Rapid City, unless the market conditions
clearly suggest the need to do so.
In order to ensure that there is consistency in the methodology used when determining the
compensation ranges and benefits, the City Manager will follow the guidelines below:
In addition to infrequent full market surveys, periodic checks of benchmark positions will be
completed as directed by the City Manager to monitor and maintain the City’s compensation
program. To maintain compensation levels that are comparable to market, the City Manager
will identify and select benchmark positions and organizations to survey on a timetable
appropriate to upcoming budget year. Efforts will be made to survey the same or like
organizations as in the previous survey unless an exception to this policy can be justified.
In order to maintain the internal equity of the compensation system, the Job Factor Evaluation
System adopted by the City will be used for all job classification reviews. The job evaluation is
not intended to provide a specific value for a position; rather it is intended to provide an
assessment of the “relative” value of a position to the organization, compared to other
positions. The following criteria defined in the Job Factor Evaluation will be used in evaluating
the internal equity placement of City positions:
1. Scope of Supervision – Factor measures both the level of supervision required as well as
the number of individuals supervised.
2. Job knowledge - Factor measures the extent and nature of knowledge required to
perform the duties of the position.
3. External Contacts – Factor measure the nature and frequency of external contacts.
4. Decision Making – Factor measures the level of decision-making and independent
thought required.
5. Job Complexity – Factor measures level of analytical ability required in the position and
the complexity of typical situations faced.
6. Physical Working Conditions – Factor measures nature of physical working environment
and frequency in which employee typically works in that environment.
7. Exposure to Hazards – Factor measures employee’s typical exposure to health and
physical dangers and frequency of such exposure.
The pay grades and pay ranges will remain consistent and uniform as follows.
1. The bargaining unit will have established pay grades with ranges of 21.7% and a six percent
differential between each grade. The pay grades will be determined based on position title,
specific duties involved, and job factor evaluation system.
2. The management group will also have established pay ranges of 35% Pay ranges will be
established by position title, specific duties involved, and job factor evaluation system. The non-
union/non-management will be placed on a similar pay system with ranges of 21.7%.
There is also in place for management exempt employees a pay for performance system which
is administered by the City Manager based on budgeted funds to provide recognition to
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October 25, 2011
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management staff for their additional contributions, achievements and service to the City of
Brookings over the past year.
3. For the police bargaining the Council will have pay grades with ranges of 21.7% with
exceptions with less than 21.7% ranges to minimize overlap.
A combination of the data collected on the identified benchmark positions and the job factor
evaluation system will be used to place each City position at appropriate pay grades in the City
of Brookings Pay Plan Schedules. By using both the market survey data and the job factor
evaluation, the City will have a pay system that is within market and reflects the City of
Brookings organization.
The Council will not assume an obligation to automatically increase pay ranges without
justification. Justification will rely on a review of the Midwest CPI and specific salary date
received/obtained from sources as determined appropriate by City Manager. The purpose of
this process is to develop a pay system that is fair and within market and to provide a process
that is consistent and reproducible.
In summary, this policy provides further definition to the following Council policy. It is the
intent of the Council for compensation to:
1. Be commensurate with individual productivity within the market range;
2. Be systematic, with defined ranges, with consistent span in the pay ranges where feasible
using the median of the maximum rate of pay of surveyed positions as a benchmark;
3. Be used as a reward and motivation to achieve excellence;
4. Be attractive to top candidates;
5. Be adequate to retain top performers;
6. Exceed standards only when justified by exceptional performance;
7. Emphasize the use of reward bonuses over pay increases.
8. Be structured, when appropriate, to allow staff attrition to maintain market rates.
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128
City of Brookings
Ends Policy 6, Intergovernmental Cooperation and Relations
Establishing what is to be done, for whom, at what cost, and
Executive Limitations to define unacceptable means
Intergovernmental Cooperation and Relations—Key Performance Area
Intergovernmental Cooperation and Relations is considered a key performance area by the
Brookings City Council, and appears in the Mission Statement as “providing a high quality of life
for citizens…through innovative thinking and strategic planning.”
The Council wishes to coordinate efforts with other governmental bodies, to mutual benefit,
whenever possible. The Council hopes to continue to work closely with any governmental
body seeking to serve the best interests of the Citizens of Brookings in a more integrated
manner.
Staff must remember their importance in establishing and maintaining rapport with scores of
governmental agencies and groups. At times, one staff person is the only representative of
Brookings to encounter a given government official and regardless of the size or length of the
interaction, the Council hopes staff conducts themselves in a manner that would be the pride of
Brookings.
Though too numerous to mention every governmental body, examples of governmental bodies
that the Council wishes to coordinate efforts with include (not in order of importance):
Federal, State, County, University, School District, Cities with home rule, other Cities, and
Municipal League.
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Amendments
May 13, 2002, the City Council approved the City Council Code of Ethics as Attachment A and
the Volunteer Code of Ethics as Attachment B
November 27, 2002 – Amended Ends Policy 2, Municipal Services, to add Guideline C for
enterprise funds
May 27, 2003 Amended Economic Development Policy
January 11, 2005 - Amended Financial Stability Ends Policy
May 8, 2007 – Amended Policy 1, Governance Process; Policy 2, Council-Staff Linkage; Ends
Policy 1, Financial Stability; Ends Policy 2, Municipal Services; Ends Policy 4, Economic
Development; Ends Policy 5, Employee Development and Training.
April 29, 2008 – Amended Ends Policy 1, Financial Stability, adding Guideline H: Appropriation
and Subsidy Policy & Guidelines
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October 25, 2011
130
City of Brookings Governance and Ends Policies - Appendix A
City Council Code of Ethics
Approved May 13, 2002
The mayor and council are responsible for making policy decisions for the community. The City Council
provides vision, direction and leadership to the community and the organization. The City Council
further represents the Brookings Community with other governmental entities and officials. In order to
maintain and enhance public trust and confidence in our local government, to achieve equity and social
justice, to affirm human dignity, and to better the quality of life for residents of Brookings the members
of the City Council dedicate themselves to the stewardship of the public trust and therefore embrace
the following ideals, seeking to:
Uphold constitutional government and the laws of the city of Brookings;
Conduct public and private life as to be an example for my fellow citizens;
Be mindful of my neutrality and impartiality, rendering equal service to all and to extend the
same treatment I wish to receive myself;
Abstain from voting when a conflict of interest exists in accordance with the Brookings City
Charter, Section 7.01 (a) Conflicts of Interest provision;
Be tolerant, respectful and attentive. Avoid comments, body language or distracting activity
that conveys a message of disrespect for the presentations from citizens, staff or colleagues;
Maintain and respect the confidentiality of private and confidential information;
Attend all regular and special meetings, including briefings, and public functions where my
presence is expected;
Be prepared by reading all documents pertaining to an issue in advance of the above
mentioned meetings or event;
Be an active and attentive participant;
Be professional in both appearance and manner; and
Read, comprehend and comply with local, state, and national governmental guidance,
directives, regulations and ordinances pertaining to my position.
It is the policy of the City of Brookings to uphold, promote, and demand the highest standards of ethics
from all its Council members. Brookings Council members shall maintain the utmost standards of
personal integrity, truthfulness, honesty, and fairness in carrying out their public duties, avoid any
improprieties in their roles as public servants including the appearance of impropriety, and never use
their city position or powers for improper personal gain.
The code of ethical behavior will govern members of the City Council. City Council members are
encouraged self-monitor their behavior and offer constructive recommendations to fellow Council
members if necessary. As a member of the City Council, I accept these ideals and policy, and pledge to
do in the interest and purposes for which our government has been established.
Date Signature
City of Brookings
October 25, 2011
131
City of Brookings Governance and Ends Policies - Appendix B
City of Brookings Volunteer Code of Ethics
Approved May 13, 2002
Volunteer advisory boards, committees and commissions provide a very important service to the City of
Brookings. Members of volunteer boards, committees and commissions are often the first and only contact an
individual might have with city government. In order to maintain and enhance public trust and confidence in our
local government, to achieve equity and social justice, to affirm human dignity, and to better the quality of life for
residents of Brookings the members of volunteer boards and committees dedicate themselves to the stewardship
of the public trust and therefore embrace the following ideals, seeking to:
Uphold constitutional government and the laws of the city of Brookings;
Conduct public and private life as to be an example for my fellow citizens;
Abstain from voting when a conflict of interest exists in accordance with the Brookings City Charter,
Section 7.01 (a) Conflicts of Interest provision;
Be mindful of my neutrality and impartiality, rendering equal service to all and to extend the same
treatment I wish to receive myself;
Be tolerant, respectful and attentive. Avoid comments, body language or distracting activity that
conveys a message of disrespect for the presentations from citizens, staff or colleagues;
Maintain and respect the confidentiality of private and confidential information;
Attend all regular and special meetings, including briefings, subcommittee meetings and public
functions where my presence is expected;
Be prepared by reading all documents pertaining to an issue in advance of the above mentioned
meetings or event;
Be an active and attentive participant;
Be professional in both appearance and manner; and
Read, comprehend and comply with local, state, and national governmental guidance, directives,
regulations and ordinances pertaining to my position.
It is the policy of the City of Brookings to uphold, promote, and demand the highest standards of ethics from all its
appointed officials. Brookings City officials shall maintain the utmost standards of personal integrity, truthfulness,
honesty, and fairness in carrying out their public duties, avoid any improprieties in their roles as public servants
including the appearance of impropriety, and never use their city position or powers for improper personal gain.
The code of ethical behavior will govern members of all City of Brookings boards, committees and commissions.
Volunteers are responsible to self-monitor their behavior. Concerns regarding a volunteer’s behavior should be
reported to the City Manager. Deviation from this Code of Ethics may result in removal from the Board.
As an appointed official, I accept these ideals and policy, and pledge to act in the interest and purposes for which
our government has been established.
Date Signature
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October 25, 2011
132
Other Business
22. Discussion and possible action on a supplemental loan to the
SDSU Innovation Campus/Growth Partnership.
TO: Mayor and City Council Members
FROM: City Manager Jeff Weldon
RE: Supplemental loan to the Growth Partnership
The City of Brookings has received a request from the Innovation Campus Growth
Partnership requesting a cash flow loan in the amount of $35,000 for the balance of the
2011 fiscal year. The loan is necessary due to unanticipated operating expenses
associated with the South Dakota Board of Regents decision to remove Growth
Partnership employees from the State’s payroll and benefit plan. As such, they had to be
placed with private plans. The City currently provides $150,000 annually to the Growth
Partnership for operating expenses.
I would recommend a loan from the BBB fund balance in the amount of $35,000,
interest-free, to be repaid in full by December 31, 2014.
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
FY 2010 FY 2010 FY 2011 FY 2011 FY 2012 FY 2013 FY 2014
Budget Actual Budget Actual Projection Projection Projection
SOURCES -
Tenant Rent & Other Services 125,000.00 165,466.00 140,000.00 173,800.00 189,000.00 295,000.00 398,000.00
Total Sources of Funds 125,000.00$ 165,466.00$ 140,000.00$ 173,800.00$ 189,000.00$ 295,000.00$ 398,000.00$
USES -
Admin. Office Operating Expenses 250,000.00 246,806.00 255,000.00 252,834.00 244,008.00 275,000.00 306,000.00
I.C. Building & Common Ground Expenses 87,850.00 145,083.00 90,485.50 156,919.00 138,200.07 142,346.07 146,616.45
Total Uses of Funds 337,850.00$ 391,889.00$ 345,485.50$ 409,753.00$ 382,208.07$ 417,346.07$ 452,616.45$
TOTAL SOURCES LESS USES (212,850.00)$ (226,423.00)$ (205,485.50)$ (235,953.00)$ (193,208.07)$ (122,346.07)$ (54,616.45)$
Budget Transfer - City of Brookings 150,000.00 150,000.00 150,000.00 150,000.00 150,000.00 125,000.00 100,000.00
Budget Transfer - Brookings County 50,000.00 50,000.00 50,000.00 50,000.00 50,000.00 25,000.00 -
SOURCES/USES/BUDGET TRANSFERS (12,850.00)$ (26,423.00)$ (5,485.50)$ (35,953.00)$ 6,791.93$ 27,653.93$ 45,383.55$
63% Occupancy 72% Occupancy 85% Occupancy
(Wing I & Wing II)(Wing I & Wing II)(Wing I & Wing II)
FY 2010 - 2014
SDSU INNOVATION CAMPUS
OPERATING BUDGET
(Wing I)(Wing I)
78% Occupancy 85% Occupancy
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October 25, 2011
135
Other Business
23. Executive Session for Consulting with legal counsel or reviewing
communications from legal counsel about proposed or pending
litigation or contractual matters.
SDCL 1-25-2. Executive or closed meetings.
Executive or closed meetings may be held for the sole purpose 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 contractors;
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. 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.
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.
Action: Motion to enter executive session – voice vote
Motion to leave executive session – voice vote
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136
Other Business
24. Adjourn