HomeMy WebLinkAbout2009_07_28 CC PKTCity Council Packet
July 28, 2009
Brookings City Council
Tuesday, July 28, 2009
City Hall Council Chambers - 311 Third Avenue
5:00 p.m. -- Work Session
6:00 p.m. -- Council Meeting
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.
5:00 pm 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. SDSU Performing Arts Center Request.
2. Ordinance First Reading Policy Discussion.
3. Ex-Officio Reporting Policy Discussion.
4. 6:00 p.m. Meeting Review.
5. Council Invites & Obligations.
6. City Council member introduction of topics for future discussion. *
*Any Council member may request discussion of any issue at a future meeting only. Items can not be added for action at this meeting. A motion and second is
required starting the issue, requested outcome, and time. A majority vote is required.
6:00 P.M. REGULAR MEETING
1. Call to order by Mayor Reed.
2. Pledge of Allegiance.
3. City Clerk records council attendance.
4. Action to approve the following Consent Agenda Items *
A. Action to approve the agenda.
B. Action to approve minutes.
C. Action on Resolution No. 70-09, a Resolution Adopting The City Of Brookings Identity
Theft Policy Pursuant To The Requirements Of The Fair And Accurate Credit
Transactions Act Of 2003.
D. Action on Resolution No. 71-09, awarding bids for Innovation Campus Phase II Street
Project – 2009-05STI.
E. Action on Resolution No. 72-09, awarding bids for Willow Springs Street Project –
2009-03STI.
F. Action on Resolution No. 73-09, a Resolution Concurring in the placement of Stop
Signs at the Intersection of 7th Street and 13th Avenue.
G. Action on Resolution No. 74-09, a Resolution Amending Award of Bids for Airport
Fuel System Concrete Work.
H. Action on Resolution No. 75-09, a Resolution Authorizing the Mayor to Sign an
Agreement for Federal Aviation Administration Grant.
I. Action on a real estate tax abatement for the City of Brookings in the amount of
$1,123.35 for 2008 tax year for farmland property located at N1/2, SE1/4 Exc H-1 and
Exc portion of E720’ of S1450’ and Exc H-4 and Exc. Lot 1 Shop Site and Exc. E985’
of N1/2 SE1/4 .
Motion to approve, request public comment, roll call
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July 28, 2009
* 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.
Presentations, Special Requests/Invites & Reports:
5. Presentation of ABLE (Ability, Belief, Leadership and Equality to Achieve Access for All)
Award for Accessibility by Brookings Committee for People who have Disabilities.
6. Open Forum.
7. SDSU Student Senate Report.
Ordinances – 1st Readings **
8. Ordinance No. 18-09: An Ordinance pertaining to an application for a Conditional Use for
a Kennel in the Business B-3 District
** No vote is taken on the first reading of ordinances. The title of the ordinance is read and the date for the public
hearing is announced.
Second Readings/Public Hearings
9. Public Hearing and action on an agreement between the City of Brookings and Mills
Development Corporation for the exchange of real property of the following described
property: Tract I: Block Eight (8) of Hyland Addition to the City of Brookings, County of
Brookings, State of South Dakota, in exchange for the above-described property, the City to
convey to Mills and Mills to acquire from City the following described real property: Tract
II: A parcel of real property measured 40’ by 743 feet and located in the Prairie Hills
Subdivision to the City of Brookings, County of Brookings, State of South Dakota, as shown
on the attached Exhibit “A”; and Tract III: A parcel of real property consisting of Twenty-
five (25) acres, more or less, and located in the Prairie Hills Subdivision to the City of
Brookings, County of Brookings, State of South Dakota.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Alcohol Licenses:
10. Public hearing and action on an application for a Temporary On-Sale Malt Beverage and
On-Sale Wine Retailer’s License for Downtown Brookings, Inc. on August 8, 2009, in the
400 block of Main Avenue for the “Taste of Brookings” event.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Other Business:
11. TABLED ITEM: Action on Resolution No. 67-09, awarding bids for 2009-09STI Riogrand,
Napa Valley, Sonoma Valley & Cumberland Court Street Project, Phase II, Asphalt
surfacing, Grading, Curb & Gutter, and Utilities.
Action: Motion to remove from the Table, Roll Call
Action on tabled motion to approve, Request Public Comment, Roll Call
12. Adjourn.
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July 28, 2009
Brookings City Council
Tim Reed, Mayor
Mike Bartley, Deputy Mayor & Council Member
Tom Bezdichek, Council Member
John Kubal, Council Member
Mike McClemans, Council Member
Jael Trieb, Council Member
Julie Whaley, Council Member
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 @ 1pm, Thursday @ 7 pm, Friday @ 9 pm, and Saturday @ 1 pm.
The complete City Council agenda packet is available on the city website: www.cityofbrookings.org
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July 28, 2009
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. SDSU Performing Arts Center Request.
South Dakota State University has submitted the enclosed application requesting second
penny sales tax funding for Phase 2 of the Performing Arts Center. Dr. Michael Reger,
Executive Vice President for Administration at South Dakota State University, and other
SDSU representatives will make a brief presentation on the SDSU Performing Arts Center
Phase II project. A copy of Dr. Reger’s letter requesting an opportunity to present is also
enclosed in the packet.
Estimated Time: 30 minutes
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July 28, 2009
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. Ordinance First Reading Policy Discussion.
On July 14, 2009, Council Member Bartley made a motion requesting the City Council
review its policy on required packet support for first reading of planning commission items.
He is recommending less information be required in the “first reading” agenda packet to
speed up the process for applicants.
City Council Agenda Packets are to provide the Mayor and City Council Members with
enough information for them to make an informed decision. The packets must also serve
to adequately inform the public of the issue before the Council. The amount of information
provided in the agenda packet has changed many times over the years in response to City
Council members’ needs.
On September 2, 2003, the City Council adopted the following policy pertaining to first
readings of ordinance.
Objective: The Brookings City Council wishes to establish a uniform procedure for handling the first
reading of all proposed ordinances.
Policy: The purpose of an Ordinance first reading is to announce an issue to the public. The
following procedure will be used for all first readings:
1) Scheduling Agenda Item. Ordinance first readings will be listed on the agenda as an action item.
First readings can not be on the consent agenda per the city attorney.
2) Action Meeting Procedure:
o The Mayor announces an Ordinance First Reading, and
o requests a motion to approve from the City Council,
o a motion and a second is recorded (all motions are in the positive),
o the Mayor asks the audience for pubic comment (public input on a first reading will be accepted
if someone wishes to make a statement per the city attorney),
o clarification from the City Manager may be asked,
o no council discussion is allowed on first reading, and
o the City Clerk calls a roll call vote on reading, not the ordinance (a vote is required per the city
attorney).
3. Changes to Ordinance After First Reading. If the subject matter is radically changed from the first
reading to the second reading, the ordinance would no longer qualify for second reading.
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On May 9, 2006, the City Council approved Ordinance No. 14-06, which eliminated
voting on ordinance first readings.
Ordinance No. 14-06
An Ordinance Establishing a Policy for the First Reading of Ordinances in the City of Brookings, South
Dakota.
Be it Ordained and Adopted by the City Council of the City of Brookings, State of South Dakota, as follows:
I.
Sec. 2-34. First Reading Policy for Ordinances.
The first reading of an ordinance shall follow the following procedure:
1. The full title of the ordinance change shall be read by the Mayor or the City Clerk.
2. The date for the second reading of the ordinance shall be announced immediately following the
first reading of the ordinance.
3. Discussion by the city council and public comment shall be permitted only during the second
reading and any subsequent readings of the ordinance.
4. No vote by the city council shall be required to proceed to a second reading of an ordinance.
II.
Any or all ordinances in conflict herewith are hereby repealed.
First Reading: April 25, 2006
Second Reading: May 9, 2006
Published: May 12, 2006
City of Brookings, South Dakota
Attest:
Scott D. Munsterman, Mayor
Shari L. Thornes, City Clerk
In 2006, the City Council also discussed agenda packet content and considered the
following options and issues:
First reading Council agenda packet contents options:
1) Listing of title and brief description
This method would allow for first readings to be done sooner because
not all materials need to be provided for the Council packet and could
speed up the process for the applicant.
But the Council wouldn’t receive as much information.
It could result in items getting tabled.
2) Entire packet
If entire packet of support material is provided at both readings, the
timeline would remain the same as current (i.e. Planning Commission
meets the first Tuesday of the month and first reading couldn’t occur
until second Council meeting in the month).
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July 28, 2009
Another option is to consider two (2) public hearings taking all comments at the first
hearing and then make necessary adjustments for the final reading.
The following is a summary of packet content changes from 2006 to present
9 Following that discussion, commencing June 2006 the Council agreed that the packet
content would consist of the following for Ordinance first readings: Ordinance Title,
Ordinance in Final Form, Short Narrative, Date of Public Hearing, and Legal notice
requirements, if any.
9 However, by late 2006, in response to Council’s requests, the first reading Council
agenda packets were expanded to include all planning commission agenda support
(maps, notices, mailing lists, etc.) except for the Planning Commission minutes.
9 By April 2007, Planning Commission minutes were also included pursuant to City
Council requests for additional information.
9
9 The following items are currently required as support in both the first and second
reading of planning commission items. Items that are ‘checked’ are already prepared
documents from the Planning Commission’s agenda packet.
_X___ Staff Report containing the following
Applicant Name
Address
Legal Description
Proposal
Background
Specifics
Staff Recommendation
Planning Commission Action/Recommendations
____ Ordinance or Resolution
____ Legal Notice for City Council (public hearing – 2nd reading)
_X___ Legal Notice (for Planning Commission)
_X___ Notification List (for Planning Commission)
_X___ Planning Commission minutes (area highlighted)
_X___ Planning Commission discussion summary (area highlighted)
_X___ Site plans (if appropriate)
_X___ Correspondence from applicant
_X___ Correspondence from opponents and proponents
_X___ Appropriate section of zoning ordinance pertaining to subject (regulations)
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City Council Packet
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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. Ex-Officio Reporting Policy Discussion.
Pursuant to the City Council’s motion from July 14th, the City Manager is
recommending time will be set aside at the second monthly City Council Work
Session for the Brookings Utility Board and Brookings Health System Board of
Trustees Ex-officio members to provide verbal reports. He recommends
commencing at the August 25th work session.
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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. 6:00 p.m. Meeting Review.
1. Call to order by Mayor Reed.
2. Pledge of Allegiance.
3. City Clerk records council attendance.
4. Action to approve the following Consent Agenda Items *
A. Action to approve the agenda.
B. Action to approve minutes.
C. Action on Resolution No. 70-09, a Resolution Adopting The City Of Brookings Identity Theft Policy
Pursuant To The Requirements Of The Fair And Accurate Credit Transactions Act Of 2003.
D. Action on Resolution No. 71-09, awarding bids for Innovation Campus Phase 2 Street Project 2009-05
STI.
E. Action on Resolution No. 72-09, awarding bids for Willow Springs Street Project 2009-03 STI.
F. Action on Resolution No. 73-09, a Resolution concurring in the placement of Stop Signs at the
Intersection of 7th Street and 13th Avenue.
G. Action on Resolution No. 74-09, a Resolution Amending Award of Bids for Airport Fuel System Concrete
Work.
H. Action on Resolution No. 75-09, a Resolution Authorizing the Mayor to Sign an Agreement for Federal
Aviation Administration Grant.
I. Action on a real estate tax abatement for the City of Brookings in the amount of $1,123.35 for 2008 tax
year for farmland property located at N1/2, SE1/4 Exc H-1 and Exc portion of E720’ of S1450’ and Exc
H-4 and Exc. Lot 1 Shop Site and Exc. E985’ of N1/2 SE1/4 .
Motion to approve, request public comment, roll call
Presentations, Special Requests/Invites & Reports:
5. Presentation of ABLE (Ability, Belief, Leadership and Equality to Achieve Access for All) Award for
Accessibility by Brookings Committee for People who have Disabilities.
6. Open Forum.
7. SDSU Student Senate Report.
Ordinances – 1st Readings **
8. Ordinance No. 18-09; An Ordinance pertaining to an application for a Conditional use for a Kennel in the
Business B-3 District
Second Readings/Public Hearings
9. Public Hearing and action on an agreement between the City of Brookings and Mills Development
Corporation for the exchange of real property of the following described property: Tract I: Block Eight (8) of
Hyland Addition to the City of Brookings, County of Brookings, State of South Dakota, in exchange for the
above-described property, the City to convey to Mills and Mills to acquire from City the following described
real property: Tract II: A parcel of real property measured 40’ by 743 feet and located in the Prairie Hills
Subdivision to the City of Brookings, County of Brookings, State of South Dakota, as shown on the attached
Exhibit “A”; and Tract III: A parcel of real property consisting of Twenty-five (25) acres, more or less, and
located in the Prairie Hills Subdivision to the City of Brookings, County of Brookings, State of South Dakota.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Alcohol Licenses:
10. Public hearing and action on an application for a Temporary On-Sale Malt Beverage and On-Sale Wine
Retailer’s License for Downtown Brookings, Inc. on August 8, 2009, in the 400 block of Main Avenue for the
“Taste of Brookings” event.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Other Business:
11. TABLED ITEM: Action on Resolution No. 67-09, awarding bids for 2009-09STI Riogrand, Napa Valley,
Sonoma Valley & Cumberland Court Street Project, Phase II, Asphalt surfacing, Grading, Curb & Gutter, and
Utilities.
Action: Motion to remove from the Table, Roll Call
Action on tabled motion to approve, Request Public Comment, Roll Call
12. Adjourn.
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July 28, 2009
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. Council Invites & Obligations
August 5 Senior Companions/Foster
Grandparent Program Glacial
Lakes Region Event
10:00 a.m. Elks Lodge
600 West Kemp
Watertown, SD
August 11
Digital Revolution Information
Meeting
10:00 a.m.
Sioux Falls Convention
Center, Ballroom B
1201 West Avenue N
August 11th
Council Meeting
4:00 p.m. Budget Hearings
6:00 p.m. Regular Meeting
Council Chambers
August 15
URC 50th Anniversary Open
House
2:00 p.m.
URC, 405 1st Avenue
August 25th
Council Meeting
4:00 p.m. Budget Hearings
6:00 p.m. Regular Meeting
Council Chambers
Sept. 8th
Council Meeting
5 & 6 p.m.
Council Chambers
Sept. 22nd
Council Meeting
5 &6 p.m.
Council Chambers
Oct 6-9
SDML Annual Conference
Pierre
Oct. 11th
Fall Diversity Potluck
5 p.m.
Old Sanctuary
Oct. 12th
Native American Day
City Holiday/Closed
Oct. 13th
Council Meeting
5 & 6 p.m.
Council Chambers
Oct. 27th
Council Meeting
5 & 6 p.m.
Council Chambers
Nov. 10th
CANCEL COUNCIL MEETING
Nov 10-14
National League of Cities Congress
of Cities
San Antonio
Nov. 17th Council Meeting 5 & 6 p.m. Council Chambers
Nov. 24th
NO COUNCIL MEETING DUE
TO HOLIDAY
Dec. 8th
Council Meeting
5 & 6 p.m. Council Chambers
Dec. 15th Council Meeting 5 & 6 p.m. Council Chambers
Dec. 22nd NO COUNCIL MEETING
DUE TO HOLIDAYS
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City Council Packet
July 28, 2009
5:00 P.M. WORK SESSION
** Work sessions are open to the public. During the work session the city staff would brief the council on items for that
particular meeting, introduce future topics, and provide a time for Council members to introduce topics.
6. City Council member introduction of topics for future discussion*.
*Any Council member may request discussion of any issue at a future meeting only. Items
can not be added for action at this meeting. A motion and second is required starting the
issue, requested outcome, and time. A majority vote is required.
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City Council Packet
July 28, 2009
Brookings City Council
Tuesday, July 28, 2009
City Hall Council Chambers
311 Third Avenue
5:00 p.m. -- Work Session
6:00 p.m. -- Council Meeting
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.
5:00 pm 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. SDSU Performing Arts Center Request.
2. Ordinance First Reading Policy Discussion.
3. Ex-Officio Reporting Policy Discussion.
4. 6:00 p.m. Meeting Review.
5. Council Invites & Obligations.
6. City Council member introduction of topics for future discussion. *
*Any Council member may request discussion of any issue at a future meeting only. Items can not be added for action at this meeting. A motion and second is
required starting the issue, requested outcome, and time. A majority vote is required.
6:00 P.M. REGULAR MEETING
1. Call to order by Mayor Reed.
2. Pledge of Allegiance.
3. City Clerk records council attendance.
4. Action to approve the following Consent Agenda Items *
A. Action to approve the agenda.
B. Action to approve minutes.
C. Action on Resolution No. 70-09, a Resolution Adopting The City Of Brookings Identity
Theft Policy Pursuant To The Requirements Of The Fair And Accurate Credit
Transactions Act Of 2003.
D. Action on Resolution No. 71-09, awarding bids for Innovation Campus Phase 2 Street
Project 2009-05 STI.
E. Action on Resolution No. 72-09, awarding bids for Willow Springs Street Project 2009-
03 STI.
F. Action on Resolution No. 73-09, a Resolution concurring in the placement of Stop Signs
at the Intersection of 7th Street and 13th Avenue.
G. Action on Resolution No. 74-09, a Resolution Amending Award of Bids for Airport
Fuel System Concrete Work.
H. Action on Resolution No. 75-09, a Resolution Authorizing the Mayor to Sign an
Agreement for Federal Aviation Administration Grant.
I. Action on a real estate tax abatement for the City of Brookings in the amount of
$1,123.35 for 2008 tax year for farmland property located at N1/2, SE1/4 Exc H-1 and
Exc portion of E720’ of S1450’ and Exc H-4 and Exc. Lot 1 Shop Site and Exc. E985’
of N1/2 SE1/4 .
Motion to approve, request public comment, roll call
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July 28, 2009
* 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.
Presentations, Special Requests/Invites & Reports:
5. Presentation of ABLE (Ability, Belief, Leadership and Equality to Achieve Access for All)
Award for Accessibility by Brookings Committee for People who have Disabilities.
6. Open Forum.
7. SDSU Student Senate Report.
Ordinances – 1st Readings **
8. Ordinance No. 18-09; An Ordinance pertaining to an application for a Conditional use for a Kennel
in the Business B-3 District
** No vote is taken on the first reading of ordinances. The title of the ordinance is read and the date for the public
hearing is announced.
Second Readings/Public Hearings
9. Public Hearing and action on an agreement between the City of Brookings and Mills
Development Corporation for the exchange of real property of the following described
property: Tract I: Block Eight (8) of Hyland Addition to the City of Brookings, County of
Brookings, State of South Dakota, in exchange for the above-described property, the City to
convey to Mills and Mills to acquire from City the following described real property: Tract
II: A parcel of real property measured 40’ by 743 feet and located in the Prairie Hills
Subdivision to the City of Brookings, County of Brookings, State of South Dakota, as shown
on the attached Exhibit “A”; and Tract III: A parcel of real property consisting of Twenty-
five (25) acres, more or less, and located in the Prairie Hills Subdivision to the City of
Brookings, County of Brookings, State of South Dakota.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Alcohol Licenses:
10. Public hearing and action on an application for a Temporary On-Sale Malt Beverage and
On-Sale Wine Retailer’s License for Downtown Brookings, Inc. on August 8, 2009, in the
400 block of Main Avenue for the “Taste of Brookings” event.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Other Business:
11. TABLED ITEM: Action on Resolution No. 67-09, awarding bids for 2009-09STI
Riogrand, Napa Valley, Sonoma Valley & Cumberland Court Street Project, Phase II,
Asphalt surfacing, Grading, Curb & Gutter, and Utilities.
Action: Motion to remove from the Table, Roll Call
Action on tabled motion to approve, Request Public Comment, Roll Call
12. Adjourn.
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CONSENT AGENDA #4
4. Action to approve the following Consent Agenda Items *
A. Action to approve the agenda.
B. Action to approve the July 14, 2009 City Council Meeting Minutes.
C. Action on Resolution No. 70-09, a Resolution Adopting The City Of Brookings
Identity Theft Policy Pursuant To The Requirements Of The Fair And Accurate
Credit Transactions Act Of 2003.
D. Action on Resolution No. 71-09, awarding bids for Innovation Campus Phase 2
Street Project 2009-05 STI.
E. Action on Resolution No. 72-09, awarding bids for Willow Springs Street Project
2009-03 STI.
F. Action on Resolution No. 73-09, a Resolution concurring in the placement of
Stop Signs at the Intersection of 7th Street and 13th Avenue.
G. Action on Resolution No. 74-09, a Resolution Amending Award of Bids for
Airport Fuel System Concrete Work.
H. Action on Resolution No. 75-09, a Resolution Authorizing the Mayor to Sign an
Agreement for Federal Aviation Administration Grant.
I. Action on a real estate tax abatement for the City of Brookings in the amount of
$1,123.35 for 2008 tax year for farmland property located at N1/2, SE1/4 Exc H-1
and Exc portion of E720’ of S1450’ and Exc H-4 and Exc. Lot 1 Shop Site and
Exc. E985’ of N1/2 SE1/4 .
* 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 Manager Recommendation: Approve
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#4 - CONSENT AGENDA:
B. Action to approve the July 14, 2009 City Council Minutes.
The draft minutes from the July 14th City Council meeting are enclosed for review and
action.
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Brookings City Council
July 14, 2009
(unapproved)
The Brookings City Council held a meeting on Tuesday, July 14, 2009 at 5:00 p.m., at City Hall with
the following members present: Mayor Tim Reed, Council Members Julie Whaley, John Kubal,
Mike McClemans, Mike Bartley, Jael Trieb, and Tom Bezdichek. Acting City Manager Jackie
Lanning, City Attorney Steve Britzman, and City Clerk Shari Thornes were also present.
Research and Technology Center Policy Discussion. Mike Struck, Community Development
Director, said the City’s Research and Technology Center has a vacancy. A profile sheet of the R &
T Center has been created and contacts have been initiated with GOED, BEDC, Enterprise
Institute, and SDSU Graduate School. In light of these initial contacts, staff is asking the Council to
revisit the R & T Center Council Policy Statements adopted on February 11, 2003 as a means of
discussion for further guidance on marketing the facility to prospective tenants.
A brief history of the R & T Center reveals economic assistance was provided by the Economic
Development Administration (EDA) in the form of a grant for the construction of the facility. The
Financial Assistance Award documentation from EDA references the R & T Center as an
agriculture business and research incubator; however, additional amendment letters reference it as an
agriculture business and research center. The Council Policy Statements describing the facility are
consistent with the amendment documentation.
Staff discussed the facility with John Zender, EDA Regional Representative covering South Dakota,
Colorado, and Utah. During the discussion, EDA referenced the facility as an incubator based upon
the application submitted. However, EDA did not feel the facility is being utilized as a true
incubator whereby tenants graduate out of the facility every 3-5 years. EDA’s impression of the
facility is more as a commercial/business office building. In addition, staff discussed the changing
dynamics of the community since the time of construction of the facility and how the various
developments provide complimentary as well as competing services. EDA concluded the
conversation by asking the City to determine what is the best use of the facility and then request a
change of scope for the facility.
Through additional research, it has been determined that EDA placed a lien against the property on
which the R & T Center is located. The lien is typical with projects that receive federal assistance.
The lien was filed with the Brookings County Register of Deeds on December 1, 1997. The lien
exists for 20 years from the date of recording. The purpose of the lien is to ensure the property
receiving assistance executes the intended purpose of the facility for the useful life of the project (20
years for building projects). Exceptions are available after 10 years with written approval from
EDA.
Options to Consider:
1. Change or expand the focus of the R & T Center from an agriculture based research and
technology business center to a general business/office building. Future tenants could be public,
private, or non-profits. EDA approval is required to change the scope of the project. City
policy statements for the R&T Center would need to be amended to be consistent with the
expanded focus.
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2. Offer the facility for sale. City would need to have an appraisal performed on the facility. The
City would need to reimburse EDA an amount computed by applying the Federal percentage of
participation in the cost of the original project to the proceeds from the sale, or the appraised
value, whichever is higher (after deducting actual and reasonable selling and fix-up expenses
from the sales proceeds). EDA approval is required to change the scope of the project. EDA
may require proceeds to be utilized in another economic development/impact project.
3. Transfer the facility to another public or non-profit organization to operate the facility. The
recipient would be bound to the original grant agreement until such time as the lien expires or
recipient requests an exception. EDA approval is required to change the scope of the project.
4. Continue to operate the facility as is with a focus on agriculture based research and technology
businesses. This restricts the types of tenants that can locate in the facility as well as competing
with other facilities receiving City investment.
Struck indicated staff’s recommendation is to pursue Option 1 and expand the focus of the R&T
Center to become a general business/office building. This option allows greater flexibility in
marketing the facility to potential tenants. Staff would further need to request a change in the scope
of the facility from EDA.
Council Discussion. Reed asked if the change in name included scope. Struck said no, it was just a name change;
however, this is also a reduction in the original project from 60,000 sq. ft. to 30,000 sq. ft. EDA approved the
smaller facility.
Whaley asked if the rates would be adjusted if the policy allowed for general business rentals. Struck noted a handout
with example rate ranges adjusted annually.
Kubal asked if there would be any other restrictions if general office leasing space was allowed. Struck said retail uses
wouldn’t fit with existing tenants. He said a more established business without research or technology components
could possibility fit. However, based on the building’s design, some renovations would be necessary for any business, of
which the tenant would be responsible for. The city may be limited if the tenant is not willing to make the
improvements. The only retail possibilities would be small scale, such as vet supplies.
Kubal questioned if allowing office space use would be in competition with the private sector, noting there are privately
owned office spaces currently vacant in town. Struck said that is a risk and also why the city must examine the rate
schedule. If a more established business is relocating in town or is coming from outside of town, the rate schedule would
need to be negotiated. Reduced rate structures would not be offered to every type of business. It is geared to start-up
businesses.
Mayor Reed noted that under the previous management structure, the Multiplex Board had control of the R&T
Center and the rent was an income source for the Multiplex (Swiftel Center). Jackie Lanning, City Engineer, said
the center generates approximately $200,000 annually and $145,000 is transferred into the City’s General Fund
and the remaining is used to maintain the building.
Reed noted that it’s not technically an incubator and if the city is just renting out space it could be in competition with
the private sector. To be an actual incubator, it won’t generate that type of income and the City may need to decrease
its income expectations. Struck noted that when the facility was constructed there weren’t any like it, but now there
are.
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McClemans asked if the City could keep the Center full and still compliment the Innovation Campus’s efforts or
would the City be in competition with the Innovation Campus? Struck said the City would be competing for the same
tenants. However, the R&T rates are below that of the Innovation Campus and Brookings Biospace Facility, so the
R&T Center could be a first step to get started and eventually graduate to the Campus.
Reed also noted that the incubator space in the Innovation Center will offer more services and support for a start-up
than the R&T Center. When a business graduates from the Innovation Center, they may need a less expensive option
such as the R&T Center for start-up. The Center only provides a shared common space.
Bezdichek said he thought the Ron Reed Center was currently owned by the City and would be conveyed to the EDC
when the loan is paid and he asked when that would take place. Struck said the process has been completed and the
City is managing the facility. The EDC was the original entity that put that Center together, but got the deed back
when the loan was paid. When the facility was sold to a private developer, the EDC retained the money and they still
have it.
Bezdichek asked what percentage of the R&T Center was currently vacant. Struck said approximately 25% (7,000
sq. ft. of the 26,000 sq. ft. building).
Bartley commented that there have been some issues pertaining to that facility as a revenue source to the Swiftel Center.
The question is does the city want the facility to be an incubator center or a revenue source. As a revenue source, the
City competes with the private sector. But, it’s also difficult to lose any revenue source. He asked if there were any
opportunities for trade with the County and then utilize the County’s space for the Swiftel Center’s needs. In that
scenario, the City would lose income but gain space for the Swiftel Center. He asked if there were any EDA grant
legalities tied to the R&T Center. Struck said that is an option the City could explore. He did check with the
EDA about another non profit or government using the Center. Struck said the City must determine the best use, and
as long as it can show economic impact, the EDA could support it. The EDA understands how the dynamics have
changed and they have an investment in another facility so they’d like to see it successful as well.
Bartley didn’t think Option #4 was good, but Option #2 had some merit but the city would have to repay the EDA
somehow. He asked if the City could retain any revenue in the sale to offset income losses.
Reed said the decision comes down to whether the City wants to lose revenue or not.
Bezdichek said that Brookings has evolved and doesn’t believe this is a business the City should be involved in. He
feels the City has done a lousy job in managing the facility and a business could have done a better job. He’d strongly
like to see the City consider selling the facility and repay the loan. He doesn’t believe the City would lose all that
revenue because those entities will go somewhere else in town and generate sales tax and wages revenue. At the time of
the Ron Reed Center and Agri-Plex, the incubator made sense. However, he opposes continuing on this track
because there are many other entities capable of providing this service. He recommended selling it and if the City broke
even, that would be suitable.
Reed asked Bezdichek if he’d support transferring to another governmental entity? Bezdichek said he supported
Option #2 for an outright sale and not Option #3, which would result in another non-profit or governmental use that
would still take the building off the tax role and compete with the private sector.
Kubal said it appears that the City can’t just sell the facility. The EDA may require the proceeds be utilized in
another economic development impact project. The City may be required to start something similar to what it’s getting
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out of. Struck responded yes, there is that potential. The City would be required to repay the EDA based on current
fair market value and original financial participation rate of the project (20% of the project), less the costs of selling the
property and improvements. At minimum, 20% of the current fair market value would have to be repaid to EDA.
There are guidelines that stipulate how any sale proceeds are to be used, specifically for reinvestment in another
economic impact community project.
Bartley asked if the remaining 80% would be the City’s if the EDA doesn’t require repayment of original amount.
Could the City reinvest that 80% as they see fit? What is that amount? Struck said he didn’t know the building’s
current appraised value. The original grant was $500,000 and he anticipates the current fair market value would be
higher than that.
Reed suggested the Council may want Al Heuton’s opinion. Mr. Heuton is the Brookings Economic Development
and Chamber of Commerce Executive Director.
McClemans said it may be more of a question if the City has a need for the building.
Whaley suggested that the first thing that should be done is to get an exact appraisal so the Council knows how much
the City would have to repay the EDA. At that point, the Council would be better informed to make a decision on
the Center’s feasibility.
Dan Hanson, Planning & Zoning Administrator, listed the allowed uses under the current B5 zoning:
offices, restaurants, and limited storage/warehousing. He noted that the biggest concern with the site was access. Until
a final decision is made on the adjacent Dept. of Transportation site, access is questionable.
Bartley asked if the County trade idea could also be explored. He’d like to see the City Manager determine if the
space is equal to that of the County’s Swiftel Center space.
If the zoning isn’t proper, it could be changed for new uses. It was noted that the City owns the land north of the
R&T Center to Capital Drive. The value of that lot must also be considered unless the City plans to plat it and
retain for some other use.
Bartley said he was in favor of Option #3.
Kubal asked if someone would still be liable for the original grant agreement, unless EDA would approve a change in
scope of project. Struck said if the City transfers to another entity, they would have to transfer the entire facility and
that governmental entity would be the sub recipient and must follow the same grant guidelines. This lien expires in
2017, and after that the owner is free to do whatever they want.
Reed recapped, stating the City Council would like the City Manager to gather the following information and report
back to the Council: 1) Obtain an appraisal on the building’s value, determine the revenue loss impacts, 2)
Investigate what other entities could use the facilities (i.e. other economic development groups, public, private), and 3)
Determine options for reinvestment of the economic development funds if the City were to sell to private business.
6:00 p.m. Meeting Review. Shari Thornes, Brookings City Clerk, noted changes to the 6:00 p.m.
agenda.
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City Clerk Report. Shari Thornes, Brookings City Clerk, provided a briefing on upcoming
invitations and obligations.
Council Topics. A motion was made by Bartley, seconded by Whaley, to request the City Council
review its policy on required packet support for first reading of planning commission items. All
present voted yes; motion carried.
6:00 P.M. REGULAR MEETING.
Consent Agenda. A correction was noted that the E911 appointment was as a full member and
not an ex-officio. Resolution No. 67-09 and Ex-Officio appointments were removed from the
Consent Agenda. A motion was made by Bartley, seconded by McClemans, to approve the consent
agenda, as amended:
A. Action to approve the agenda as amended.
B. Action to approve the May 26 and June 23 City Council Meeting Minutes.
C. Action on the following volunteer appointments: Catherine Grandorff to the Visitor
Promotions Committee term expires January 1, 2012, Kathy Heylens to the Brookings
Committee for People who have Disabilities term expires January 1, 2011, and Tony
Sonnenburg to the Traffic Safety Committee term expires December 31, 2010.
D. Action on Resolution No. 66-09, a Resolution Authorizing an Amendment to Change
Order No. 1 (CCO#1), 2008-09STI Rio Grand, Napa Valley and Cumberland Court,
Valley View Phase I Project (Rounds Construction Co., Inc.).
Resolution No. 66-09
A Resolution Authorizing an Amendment to Change Order No. 1 (CCO#1)
2008-09STI Rio Grand, Napa Valley and Cumberland Court
Valley View Phase I Project
Rounds Construction Co., Inc.
BE IT RESOLVED by the City Council that the following change order be amended for
2008-09STI Rio Grand, Napa Valley and Cumberland Court, Valley View Phase I Project:
Construction Change Order Number 1 (amended as follows):Change final completion
deadline from November 1, 2008 to September 1, 2009.
E. Action on Resolution No. 69-09, a resolution in support of grant application to S.D.
Game, Fish & Parks for Federal Sport Fish Restoration Funds to assist in facility
upgrades that enhance urban fishing opportunities at future nature park (old city landfill
on South 22nd Avenue).
Resolution No. 69-09
Resolution in support of grant application to SD Game, Fish & Parks for Federal Sport Fish
Restoration Funds to assist in facility upgrades that enhance urban fishing opportunities at
future nature park (old city landfill on South 22nd Avenue).
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WHEREAS, the State of South Dakota Game, Fish & Parks, Dept. administers Federal Sport
Fish Restoration Funds, and
WHEREAS, these federal funds are available to eligible communities in South Dakota to assist
in the development of facilities that will enhance fishing opportunities in an urban setting, such
as accessible fishing docks, boat ramps, shoreline improvements and accessible parking, and
WHEREAS, the City of Brookings desires to make application for such designated funds for a
project that is estimated to cost approximately $225,000 on a 75-25% match (Federal-City) basis,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brookings, South
Dakota that it authorizes the application by the City for these grant funds, and further, that it is
the city’s intent to provide the local 25% matching funds as required.
On the motion, all present voted yes; motion carried.
REMOVED FROM CONSENT: Resolution No. 67-09 – Bids. A motion was made by
Bartley, seconded by Whaley, to table action until July 28, 2009, on Resolution No. 67-09, awarding
bids for 2009-09STI Riogrand, Napa Valley, Sonoma Valley & Cumberland Court Street Project,
Phase II, Asphalt surfacing, Grading, Curb & Gutter, and Utilities.
Appointments (Ex-Officio & E911). A motion was made by Bartley, seconded by Whaley, to
approve the following appointments: Mike McClemans as a full voting member to the E911 Board,
Tom Bezdichek and John Kubal as ex-officio members on the Utility Board, and Julie Whaley and
Jael Trieb as ex-officio members on the Hospital Board. Discussion: Bartley expressed concern about a
policy on reporting for ex-officio members and asked the City Clerk and City Manager to establish a reporting policy
for approval by the Council. All present voted yes; motion carried.
Promotion of Durable Medical Equipment Drive by Brookings Committee for People who
have Disabilities.
2nd Reading – Ordinance No. 15-09 – Game Birds. A motion was made by Whaley, seconded by
Kubal, to approve Ordinance No. 15-09, an Ordinance Prohibiting the Keeping of Game Birds in
the City of Brookings, South Dakota. Public Hearing - Jon Kieckhefer asked if there was a problem or if this
was an ordinance for the sake of an ordinance? He noted that game birds are already regulated by the State of South
Dakota and permits are required through the state already. Dan Hanson said the City was approved by someone
wanting to raise game birds and there was some confusion on what was domestic fowl by definition. This ordinance
puts the city’s rules on par with the State’s. All present voted yes; motion carried.
2nd Reading – Ordinance No. 16-09 – Sprinkling Requirements. A motion was made by
Bartley, seconded by Whaley, to approve Ordinance No. 16-09, an Ordinance Amending Article II
of Chapter 22 of the Code of Ordinances of the City of Brookings and Pertaining to the 2006
International Residential Code with Certain Amendments Thereto (this amendment pertains to
egress windows in sleeping rooms regardless of sprinkling requirements). No public comment was
made. All present voted yes; motion carried.
Resolution No. 68-09. A public hearing was held on Resolution No. 68-09, a Resolution
Determining the Necessity of Repairing or Installing Sidewalks in the City of Brookings at the
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Expense of Abutting Property Owners (2009-01SWR Sidewalk Repair Project). A motion was made
by Whaley, seconded by McClemans, to approve. All present voted yes; motion carried.
Resolution No. 68-09
Resolution Determining the Necessity of Repairing or Installing Sidewalks in the City of Brookings
at the Expense of Abutting Property Owners
2009-01SWR 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 2009-01SWR Sidewalk Repair Project.
2. Such sidewalks shall be to the width and of the materials prescribed by Section 605 “Sidewalks”
and Section 701.3-16 of Ordinance No. 532 entitled “An Ordinance Providing Rules, Regulations
and Standards to Guide Land Sub-division in the City of Brookings and Within Three Miles of the
City Limits Thereof” 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.
Brookings Ice Skating Association. A motion was made by Kubal, seconded by Whaley, to
remove the item from the table. All present voted yes; motion carried. Original Motion from June
23, 2009: “A motion was made by Bartley, seconded by McClemans to approve an Operational
Agreement between the City of Brookings and the Brookings Ice Skating Association (BISA).”
AMENDMENT: A motion was made by McClemans, seconded by Bezdichek, to amend the
agreement to have the Red Rink for ice skating activities only. Discussion: Whaley said there’s been a
lot of discussion that skating was the purpose of the red rink. Money has been invested by the city and a lot of private
sources. She wants to see the facility and red rink looking great and will support the motion. Bartley cited his
desire that it remain a multiple use facility. Bezdichek noted that the City may need to come up with additional
money for tent rentals if a large event requires more space and the red rink isn’t available. On the amendment, all
present voted yes except Bezdichek and Bartley, motion carried to amend. On the main motion as
amended, all present voted yes; motion carried.
OPERATIONAL AGREEMENT
By and Between the City of Brookings, as owner of the Larson Ice Center, and
Brookings Ice Skating Association (BISA), for the use and operation of the
Larson Ice Center
Section 1: Recitals and General Purpose
The Brookings Ice Skating Association (hereafter referred to as BISA), is a Brookings non-profit
organization supporting youth ice hockey. The City of Brookings, (hereafter referred to as CITY),
and BISA have developed and maintained a progressive history and productive working relationship
cooperatively providing ice skating and hockey facilities and related programs serving the Brookings
community. To that end, this agreement shall set forth policies, terms and conditions for the use
and operation of the Larson Ice Center.
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Section 2: Ownership of the facility
Both parties understand the Larson Ice Center is owned and operated by the CITY through its
Parks, Recreation, and Forestry Department; and that BISA is a facility user. CITY recognizes BISA
as being a primary user of the facility. The building and all its permanent fixtures and equipment
shall be owned by the CITY except for those specifically noted as being owned by BISA. This
includes items and capital improvements purchased by BISA with the express purpose of
transferring ownership to the CITY.
Section 3: Persons responsible for administration of this agreement
The CITY shall designate the Director of Parks, Recreation, and Forestry as the person responsible
for administration of this agreement and overall management of the facility. The Director shall
utilize CITY resources such as personnel and equipment as a means of administering this agreement.
The Director shall work with the City Manager on policy issues governing the facility and policy
issues shall be reviewed and recommended by the Park and Recreation Board. BISA shall designate
a contact person responsible for administration and enforcement of this agreement. From time to
time, CITY shall work with other designated BISA representatives depending upon the issue or
project contemplated.
Section 4: Facility operation-general
The CITY shall be responsible to provide for the overall operation and maintenance of the facility
including: making it available to BISA, operational expenses, janitorial staff, maintenance, repairs,
and certain capital improvements. CITY agrees to have staff available whenever BISA activities are
occurring. Operational costs provided by the CITY apply to Section 5(a) [normal season] but does
not apply to Section 5(b) [summer ice and off-season] as provided for in that section. BISA shall be
responsible for promoting, organizing, financing, and supervising youth hockey programming in the
facility. Both parties recognize and acknowledge the facility is a multi-purpose facility and will
accommodate other functions such as SDSU hockey, open skating, figure skating programs, adult
hockey, rentals, and other activities the CITY deems appropriate upon review by the Park and
Recreation Board; with the exception of the Red Rink which shall be limited in its use to ice skating
activities only. In the course of its use, BISA shall immediately report facility or building problems
to the CITY employee on duty.
Section 5: Facility Scheduling
5(a) Normal Ice Hockey Season
5(a)-1 For BISA youth hockey activities, the normal length of the season shall be October 23
through March 15 with modifications by mutual agreement at the end of each season. End of
season schedule modifications may be under financial terms different from the pre-determined
schedule and negotiated on a case-by-case basis.
5(a)-2 A master daily schedule of all activities shall be maintained by the CITY. This schedule shall
be developed by mutual agreement between both parties prior to each ice hockey season with
scheduling for major tournaments and events as far in advance as possible. The schedule shall be
maintained on the BISA website and shall be final ten (10) days prior to the event. The BISA
hockey schedule shall include practices, games, tournaments, and special events for all youth age
levels. The CITY schedule shall include open skating, figure skating, SDSU hockey, and special
events deemed appropriate by the CITY. Both parties agree to resolve scheduling issues in the
spirit of cooperation, compromise, and mutual respect for each others’ programming goals. The
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CITY and BISA agree to contact each other in advance of any requested schedule changes and
additions, including activities scheduled for times the ice arena is not open for public use. A flow
chart of communications will be developed by both parties indicating who the primary and
secondary contacts and responsible parties shall be for the items contained within this agreement.
The goal of scheduling shall be to provide reasonable opportunity for a broad range of activities,
while recognizing that youth ice activities are the priority use from October through March. On any
scheduling conflicts deemed irreconcilable, the City Manager shall have the final determination.
Both parties shall endeavor to maximize the scheduling to promote the most efficient use of
facilities possible.
5(b) Summer Ice Hockey Season and dry-land use
5(b)-1 The CITY shall provide the Red Rink and other amenities of the facility for summer ice
activities for youth from approximately July 20-October 23 for purposes of scheduling hockey
camps, skating clinics, leagues, games, practices, and tournaments; as well as dry-land practices.
Both parties recognize unanticipated issues such as mechanical problems and construction delays
may require an adjustment of this start date requiring each party to be flexible in scheduled activities.
A master daily schedule of all activities shall be maintained by the CITY. This schedule shall be
developed by mutual agreement between both parties prior to the season. The schedule shall be
maintained on the BISA website and shall be final ten (10) days prior to the event.
5(b)-2 BISA agrees to reimburse the CITY for the actual operational expenses of the facility for
utilities and labor. CITY shall pro-rate expenses incurred during CITY activities on an hourly rate
determined as a percentage of total combined summer ice activity hours, such amount to be
deducted from the operational costs to be reimbursed to the CITY by BISA. Operational and
maintenance expenses of the holding barn shall be exclusively that of the CITY and not BISA.
Electrical costs in 2009 associated with the construction projects shall be discounted from the
calculation.
5(b)-3 For 2009, BISA agrees to reimburse CITY in the amount of $3750 toward equipment
maintenance expenses of the facility during this time period. These expenses shall be charged on a
pro-rated basis for operational overhead expenses, equipment and building maintenance, repair, and
supplies for summer ice. Both parties recognize the actual pro-rated cost of BISA usage for summer
ice is approximately $7500 and BISA agrees to a financial inspection by the CITY of program
records whereby BISA shall pay toward the total $7500 amount commensurate with the profitability
of the summer ice program beyond the base amount of the initial $3750. The equipment
maintenance program cost shall be evaluated pursuant to Section 17 annually and adjusted for the
subsequent year based on an average of the previous year. Said payment of the equipment
maintenance shall be due upon receipt of a billing statement by the CITY following completion of
the financial review of BISA’s summer ice program.
5(b)-4 BISA further agrees to pay for one CITY employee for actual time plus one hour per day for
BISA sponsored activities, at a rate of $11 per hour for 2009.
5(b)-5 BISA shall have priority of scheduling the Red Rink during the summer season, and shall be
entitled to use the Blue Rink for off-ice (dry-land) activities subject to scheduling availability through
the CITY. BISA agrees to work cooperatively with CITY in establishing a schedule for CITY
programming that may be offered by the CITY during summer ice and dry-land activities. The
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facility shall not be used for ice activities any time other than those scheduled each day on the
master schedule maintained by the City. BISA agrees to contact CITY regarding schedule changes.
5(b)-6 CITY shall schedule and furnish labor for any CITY-sponsored event. CITY shall reserve the
right to program ice and non-ice related activities including but not limited to open skating and
rentals.
5(b)-7 Janitorial clean-up of the facility after each event shall be the responsibility of the sponsor of
said event. To the extent possible, as time permits, the CITY employee on duty during a CITY or
BISA event shall perform routine general cleanup and janitorial duties except for the concession area
which shall be the janitorial responsibility of BISA.
5(b)-8 CITY shall provide open skating Wednesdays at a time to be determined during summer ice
and shall be considered a CITY recreation program with the CITY paying all costs and receiving all
revenue from said program.
5(b)-9 At the conclusion of each summer ice season, both parties shall each prepare an itemized
financial statement for the summer ice program as a means of making adjustments for the
subsequent years programming. The statement shall address, revenue, expenses, hours of use,
participants, programming, economic impact, and other pertinent information.
5(b)-10 BISA agrees to provide to the CITY prior to the start of the 2009 summer ice season, a plan
for improving the viability of the summer ice program which will be measured against the results of
5(b)-9.
5(c) Collegiate and semi-professional usage and scheduling of the facility
The scheduling and usage of all adult, collegiate and semi-professional games, leagues, and practices
shall be the responsibility of the CITY. For special collegiate and semi-professional hockey events
including but not limited to tournaments, both parties may mutually agree to host or sponsor said
events on a case-by-case basis as needed. Specifically, BISA shall be allowed to sponsor an ACHA
collegiate hockey tournament in March, 2010 under the terms of this sub-section.
Section 6: Operational Donation for facility use
For use of the facility, BISA shall provide a lump sum operational donation to the CITY to help
defer operational and maintenance costs. This amount shall be negotiated between both parties and
paid no later than May 31 of each year. This donation shall cover the use during the normal season
as provided in Section 5(a). BISA compensation for use during summer ice is described in Section
5(b). No hourly ice time rentals will be paid by BISA for their scheduled activities during the normal
season. The amount of this donation for the ensuing year shall be determined on an annual basis
after the season ends and prior to adoption of the City budget. The goal of this arrangement shall
be to maintain a reasonable level of financial investment in youth hockey by both parties.
Section 7: Association program costs
All costs associated with operating BISA and promoting its programming and activities shall be the
responsibility of BISA. The CITY shall not be responsible for any costs associated with the
operation, programming, or conduct of BISA.
Section 8: City to provide operational service
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CITY agrees to provide staffing as needed at all times the facility is open, and shall provide rink re-
surfacing service, facility maintenance and repairs, snow removal, furnishings, and utilities such as
gas, water, sewer, electricity, and solid waste collection for the facility.
Section 9: Capital improvements to facility
Both parties mutually agree that certain capital improvements to the facility will be needed from time
to time and are mutually beneficial. Both parties further agree to share in the cost of such mutually-
beneficial improvements commensurate with their respective benefit. All major capital
improvements shall be reviewed by the Park and Recreation Board and subsequently approved by
the City Council. BISA agrees not to make any capital improvements, changes, modifications to the
facility without the consent of the CITY.
Section 10: Concessions
CITY shall provide a concession stand for use by BISA as part of the facility. BISA shall own and
maintain all equipment associated with food preparation and concession sales. CITY shall not
provide any equipment, supplies, utensils, or other items associated with the sale of concessions.
BISA agrees to secure any required licenses associated with food preparation and sales. BISA agrees
to adhere to all applicable food preparation and inspection regulations. BISA shall be responsible
for cleanliness and janitorial activities inside the concession stand and for the lobby service area at
the concession stand. BISA shall be entitled to retain all revenue from the sale of concessions and
shall be responsible for all ordering, payments, and inventory associated with foodstuffs and other
items for re-sale.
Section 11: Payroll and staffing assistance
As a service to BISA and to help insure that all hockey coaches and paid staff are covered by
workers compensation and liability insurance, have adequate background checks, and have otherwise
met all other payroll requirements, the CITY will allow BISA’s coaching staff to be considered as
seasonal employees to be paid through the CITY’S payroll system provided BISA reimburses the
CITY the total cost of wages and associated benefits of said seasonal employees. For the 2009-2010
season, CITY further agrees to provide the first $4000 of wages/benefits to the coaching staff.
Section 12: Equipment storage
To the extent available, and with the specific permission of each request, CITY agrees to make
certain areas of the facility available to BISA for storage of BISA-owned equipment and supplies on
a year-round basis. Such stored items shall be owned by BISA and for the benefit of BISA and its
programs. For such equipment, BISA agrees to hold the CITY harmless for any loss, damage, or
theft of said equipment while in storage at the facility.
Section 13: Team changing rooms
BISA agrees to be responsible for general clean-up of team changing rooms after each use. CITY
shall be responsible for janitorial cleaning and sanitizing of team changing rooms.
Section 14: Operation of building equipment
Only representatives of the CITY shall be permitted to operate the ice re-surfacing machines and
equipment; and controls for the refrigeration, boilers, condensers, compressors, air handling, or
other equipment of the facility.
Section 15: Facility security
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CITY shall issue keys to certain BISA members on an as-needed basis. BISA and CITY shall
maintain a list of said persons having possession of keys. Only CITY authorized persons shall make
duplicate keys and BISA agrees not to make duplicate keys without the consent of the CITY.
Section 16: Damages to facility
BISA agrees to cooperate and assist the CITY in the investigation and prosecution of persons
causing damage to the facility.
Section 17: Annual evaluation and term of agreement
The term of this agreement shall be one year and subject to renewal as described in Section 27 and
amendments as described in Section 18. Both parties agree to annually review and evaluate the
activity and programming following the conclusion of the normal season in April or May. This shall
include but not be limited to: planning for summer ice activities, re-negotiating the following
season’s operational donation, monitoring current capital improvements, plan for future capital
improvements, identify future needs, and generally work to improve the viability, use, efficiency of
the facility and it’s programs.
Section 18: Modifications/Amendments to this agreement
Terms and conditions of this agreement shall be reviewed and mutually agreed to by both parties,
reviewed by the CITY’S Director of Parks, Recreation an Forestry, the City Manager, and the
Brookings Park and Recreation Board; and subsequently approved by the BISA Executive
Committee of the Board of Directors and the City Council.
Section 19: Insurance
BISA shall annually provide to the CITY a Certificate of Insurance naming the CITY as an
additional insured, in the amount of $1 million per occurrence, $2 million in aggregate. The
insurance shall provide liability coverage of BISA operations including concessions. BISA agrees to
keep the insurance in full force and effect at all times and shall not allow any lapses in coverage. The
CITY shall provide general property and liability insurance covering the facility in accordance with
insurance limits and policies adopted by the City Council.
Section 20: All other agreements null and void
All previous agreements between BISA and CITY are hereby declared null and void with the
exception of the following:
• Advertising/Concession agreement dated September 27, 2001 which shall remain in effect
and is attached as Exhibit A.
• Resolution No. 16-08 adopted by the City Council on February 12, 2008 and is attached as
Exhibit B.
Section 21: Breach of contract; remedy process
In the event either party wishes to find the other in default for a material violation of any portion of
this agreement, the aggrieved party shall serve notice to the other party as identified in Section 3 of
such breach upon which both parties agree to meet and resolve such matter. Unresolved matters
shall be referred to the City Manager for attempted resolution. In the event such breach remains
unresolved after participation of the City Manager, both parties agree to submit the matter to an
Alternative Dispute Resolution process.
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Section 22: Severability
The provisions of this agreement shall be deemed severable. If any part of this agreement shall be
held invalid, illegal, or unenforceable, the remainder shall remain in full force and effect, and such
invalid, illegal or unenforceable provision shall be reformed by such court as to give maximum legal
effect to the intention of the parties as expressed therein.
Section 23: Authorization
Each party represents, covenants, and warrants that the making and execution of this agreement and
all other documents and instruments required or related hereunder have been fully authorized by the
necessary corporate action of each such party and are valid, binding, and enforceable obligations of
each party in accordance with their respective terms.
Section 24: Entire Agreement
Only those terms in writing are enforceable. No other terms or oral promises not contained in this
written agreement may be legally enforced and the parties hereto may change the terms of this
agreement only by another written agreement or an amendment as provided in Section 18.
Section 25: Binding effect
This agreement shall be binding upon and shall inure to the benefit of the parties hereto and their
respective successors and assigns.
Section 26: Assignability/transferability
Neither party shall assign its rights or obligations under this agreement to third party without the
consent of the other party. BISA shall not lease or sub-lease any part of the facility without the
permission of the CITY.
Section 27: Duration
This agreement shall expire one year from the date of execution. Both parties shall be diligent in
successfully negotiating a renewed agreement so as to minimize any lapse in coverage. Notice should
be served to the persons identified in Section 3 to discuss a renewal.
Council Addition – Economic Development. This item was not on the agenda. Council Member
McClemans said since coming to the Council, he’s had a number of concerns on how it handles economic
development and promotion. He thinks the City has an office of economic development that seems to be
under-consulted on a number of issues. As councilors, we all have a strong interest in seeing our city progress,
but we are not professionals. He assumes that the City’s director of economic development has a plan in place
for our city’s future. At times he thinks we’re short circuiting that plan by listening to promotion and
development proposals without his input. Therefore, he would like the council to consider the following
policy motion: A motion was made by McClemans, seconded by Bezdichek, to state that any expenditure
related to the economic development and/or promotion of our city be first presented to the Council by the
Director of Economic Development. He/she is the professional who we pay to understand our needs, be
scheduled at the September 8th Council Meeting Work Session. Discussion: Bartley asked when McClemans talks
about economic development director, if he meant Mike Struck or Al Heuton. McClemans clarified Mike Struck. Reed stated
Mike Struck is the Community Development Director. On the motion, all present voted yes; motion carried.
Adjourn. A motion was made by McClemans, seconded by Whaley, to adjourn. All present voted
yes; motion carried. Meeting adjourned at 6:35 p.m.
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#4 - CONSENT AGENDA:
C. Action on Resolution No. 70-09, a Resolution Adopting the City of
Brookings Identity Theft Policy Pursuant to the Requirements of the
Fair and Accurate Credit Transactions Act of 2003.
Staff is requesting Council adoption of Resolution No. 70-09 to comply with requirements
as set forth in the Fair and Accurate Credit Transactions Act (FACTA). The FACTA
requires all municipalities that operate utilities to have an Identity Theft Prevention Program.
Under the FCC’s “Red Flags Rules,” financial institutions and creditors must develop a
written program that identifies and detects the relevant warning signs – or “red flags” – of
identity theft. These may include, for example, unusual account activity, fraud alerts on a
consumer report, or attempted use of suspicious account application documents. The
program must also describe appropriate responses that would prevent and mitigate the crime
and detail a plan to update the program. The program must be managed by the Board of
Directors or senior employees of the financial institution or creditor, include appropriate
staff training, and provide for oversight of any service providers.
It is the City Attorney’s opinion that the City of Brookings falls within the requirements of
the Act, even though the City’s primary financial activities do not constitute credit
transactions; the Landfill, Liquor Store and Park & Recreation activities may bring the City
within the definition of a “creditor.”
To comply with these Federal requirements, adoption of a policy is required by August 1st.
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Resolution No. 70-09
Resolution Adopting the City of Brookings Identity Theft Policy pursuant to the Requirements of
the Fair and Accurate Credit Transactions Act of 2003.
Be It Resolved by the City Council of the City of Brookings, South Dakota as follows:
Whereas, the Fair and Accurate Credit Transactions Act of 2003 (“FACTA”) and regulations and
guidelines promulgated by the Federal Trade Commission require creditors and financial institutions
to develop and implement written “identity theft prevention programs”; and
Whereas, the Identity Theft Prevention Programs must provide for the identification, detection and
response to patterns, practices, or specific activities—known as “red flags” which could indicate
identity theft; and
Whereas, under FACTA, the definition of “creditor” includes circumstances where a payment is
made after delivery of a product or service, and therefore, in some circumstances, the city is or may
be deemed to be a creditor under FACTA and therefore is required to comply with the Identity
Theft Red Flags Rule, and
Whereas, the City of Brookings has developed an Identity Theft Policy in compliance with the
foregoing requirements,
Now Therefore, It is hereby resolved by the City Council of the City of Brookings, South Dakota, as
follows:
A. That the City of Brookings Identity Theft Policy which accompanies this Resolution
is hereby adopted; and
B. That the City Finance Manager is hereby designated as the Program Administrator of
the City of Brookings Identity Theft Policy, with authority to further develop and
implement this policy; and that
C. This Resolution is necessary for the immediate preservation of the public peace,
health, or safety, or support of the municipal government and shall take effect upon
the passage and publication thereof.
Passed and approved on the 28th day of July, 2009.
CITY OF BROOKINGS
ATTEST Tim Reed, Mayor
Shari L. Thornes, City Clerk
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#4 - CONSENT AGENDA:
D. Action on Resolution No. 71-09, awarding bids for Innovation Campus
Phase II Street Project – 2009-05STI.
This project entails the construction of Phase II in the SDSU Innovation Campus, which is
located east of 22nd Avenue. This construction project was designed by Banners Associates
of Brookings, and includes water mains and services, sanitary sewer mains and services,
grading, detention pond, gravel, curb & gutter, asphalt paving, paint striping, signing, and
storm sewer. The Alternate 1 bid package was for hot inlayed pavement marking tape,
which would be used instead of painting, thus saving on maintenance costs. This project
was bid with a deadline for substantial completion of August 2, 2010. We anticipate the
contractor will try to install a large portion of the project in 2009.
The plans were mailed to several area contractors and 2 builders exchanges. The bid letting
was held on Tuesday, July 21, 2009 and the City received the following bids:
Bowes Construction Co., Inc., Brookings, SD $2,124,913.92
Alternate 1: $58,760.00
Metro Construction, Inc., Sioux Falls, SD $2,394,679.89
Alternate 1: $56,500.00
H&W Contracting LLC, Sioux Falls, SD $2,400,414.50
Alternate 1: $60,500.00
Prunty Construction Co., Inc., Brookings, SD $2,408,141.15
Alternate 1: $61,104.75
Winter Brothers Underground, Inc., Sioux Falls, SD $2,445,000.00
Alternate 1: $60,000.00
Oliver Excavating, Inc., Tea, SD $2,574,397.90
Alternate 1: $62,150.00
The low bid of Bowes Construction Co., Inc. for $2,124,913.92 was approximately 25%
lower than the engineer’s estimate of $ $2,837,786.50 (Banners Associates). Since the base
bid was lower than the engineer’s estimate and within budget, we recommend selecting the
Alternate 1, pavement marking, to reduce the City’s maintenance costs for the streets within
the SDSU Innovation Campus. Recommend awarding the low bid of $2,124,913.92 and
Alternate 1 for $58,760.00 to Bowes Construction Co., Inc., of Brookings, SD.
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Resolution No. 71–09
Resolution Awarding Bids on Project 2009-03STI
Willow Springs Circle Street Improvement Project
Whereas, the City of Brookings opened bids for Project 2009-03STI Willow Springs Circle Street
Improvement Project on Tuesday, July 21, 2009 at 1:30 pm at Brookings City Hall; and
Whereas, the City of Brookings has received the following bids for Project
2009-03STI SDSU Innovation Campus Infrastructure Phase II:
Bowes Construction Co., Inc., Brookings, SD $2,124,913.92
Alternate 1: $58,760.00
Metro Construction, Inc., Sioux Falls, SD $2,394,679.89
Alternate 1: $56,500.00
H&W Contracting LLC, Sioux Falls, SD $2,400,414.50
Alternate 1: $60,500.00
Prunty Construction Co., Inc., Brookings, SD $2,408,141.15
Alternate 1: $61,104.75
Winter Brothers Underground, Inc., Sioux Falls, SD $2,445,000.00
Alternate 1: $60,000.00
Oliver Excavating, Inc., Tea, SD $2,574,397.90
Alternate 1: $62,150.00
Now Therefore, Be It Resolved that the low bid of $2,124,913.92 and Alternate 1 for $58,760.00 for
Bowes Construction, Inc., Brookings, SD be accepted.
Passed and approved this 28th day of July 2009.
CITY OF BROOKINGS
________________________________
Tim Reed, Mayor
ATTEST:
_________________________
Shari Thornes, City Clerk
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July 28, 2009
#4 - CONSENT AGENDA:
E. Action on Resolution No. 72-09, awarding bids for Willow Springs Street
Project – 2009-03STI.
This project entails the construction of a new culdesac called Willow Springs Circle which is
located on 15th Street South, approximately 600’ ease of Medary Avenue. This construction
project was designed by City engineering and BMU staff, which includes water mains and
services, sanitary sewer mains and services, grading, retention pond, gravel, curb & gutter,
asphalt paving and additional storm sewer capacity under 15th Street South. This project was
bid with one schedule to be completed in 2009.
The plans were mailed to several area contractors and 2 builders exchanges. The bid letting
was held on Tuesday, July 21, 2009 and the City received the following bids:
Bowes Construction Co., Inc., Brookings, SD $196,722.05
Oliver Excavating, Inc., Tea, SD $243,259.00
Prunty Construction Co., Inc, Brookings, SD $267,789.08
The low bid was approximately 13% lower than the engineer’s estimate of $226,796.00.
After this project is completed, the land will be sold to ICAP for their housing
development. The estimated cost of this project included $60,000 for the land and $70,000
for the street construction, with a total of $130,000. ICAP proposed purchasing the 8 lots at
a maximum of $20,000 each with a total of $160,000, netting a profit to the City of $30,000
for the project. However, during the design of the new Willow Springs Circle cul-de-sac, we
discovered drainage issues relating to the existing valley gutter adjacent to this site as well as
the size of the culvert system under 15th Street South. The Master Drainage Plan references
this basin, which connects the Hammond/Horner drainage improvement with the 20th Street
South/Medary improvement. Staff determined improvements to the City storm sewer
infrastructure adjacent to Willow Springs Circle were necessary at this time to help protect
the new development. This improvement correlates to one segment of the
Hammond/Horner drainage project and would be expected to reduce the cost of that
project. We acknowledge the cost of the Willow Springs Circle project was much higher
than anticipated due to these drainage improvements, however we will utilize the drainage
fund for the cost of the improvements. Recommend awarding the bid to the low bid of
$196,722.05 with Bowes Construction Co., Inc., of Brookings, SD.
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Resolution No. 72–09
Resolution Awarding Bids on Project 2009-03STI
Willow Springs Circle Street Improvement Project
Whereas, the City of Brookings opened bids for Project 2009-03STI Willow Springs Circle Street
Improvement Project on Tuesday, July 21, 2009 at 1:30 pm at Brookings City Hall; and
Whereas, the City of Brookings has received the following bids for Project
2009-03STI Willow Springs Circle Street Improvement Project:
Bowes Construction Co., Inc., Brookings, SD $196,722.05
Oliver Excavating, Inc., Tea, SD $243,259.00
Prunty Construction Co., Inc, Brookings, SD $267,789.08
Now Therefore, Be It Resolved that the low bid of $196,722.05 for Bowes Construction, Inc., Brookings,
SD be accepted.
Passed and approved this 28th day of July 2009.
CITY OF BROOKINGS
________________________________
Tim Reed, Mayor
ATTEST:
_________________________
Shari Thornes, City Clerk
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July 28, 2009
#4 - CONSENT AGENDA:
F. Action on Resolution No. 73-09, a Resolution concurring in the
placement of Stop Signs at the Intersection of 7th Street and 13th Avenue.
The City received a request from South Dakota State University to install stop signs at the
intersection of 7th Street and 13th Avenue, to form a 2-way controlled intersection. This
intersection currently does not have stop signs.
SDSU has been making internal campus changes to become a more pedestrian friendly
campus. One recent change was to vacate a portion of 12th Avenue, north of 8th Street.
SDSU now routes vehicles toward 13th Avenue where they may enter onto the campus, and
pedestrians are also encouraged to enter the campus using the sidewalks along 13th Avenue.
12th Avenue is completely blocked off north of 8th Street, and vehicles can no longer enter
the campus on 12th Avenue. This change has created more vehicular and pedestrian traffic
along 13th Avenue.
The Traffic Safety Committee discussed this request at their July 9th, 2009 meeting. The
committee discussed the traffic flows at the 7th Street & 13th Avenue intersection, and
reviewed the Manual of Uniform Traffic Control Devices, Section 2B.05, Stop Sign
Applications. The committee felt this intersection justified the need for 2-way stop signs
because of the high number of campus pedestrians utilizing 13th Avenue and the restricted
view for the east/west traffic indicating a need for control by the stop sign. The MUTCD
also indicates the stop sign should stop the direction that has obscured vision, dips, or
bumps that already require drivers to use lower operating speeds. In this case, there is a
valley gutter on the east side of the intersection, verifying that the east/west location would
be the best location for the stop signs.
Because of these needs, the Traffic Safety Committee voted unanimously to approve 2-way
stop signs at the intersection of 7th Street and 13th Avenue, which will stop the east west
traffic (see attached drawing). The summary of discussion is as follows:
Unapproved Summary of Discussion
BROOKINGS TRAFFIC SAFETY COMMITTEE
Thursday, July 9, 2009
The Brookings Traffic Safety Committee held its monthly meeting on Thursday, July 9,
2009, at 12:10pm in the City Hall community room.
Members Present: Brad Whaley, Louis Skubic, Daryl Englund, Skip Webster, Connie
Bridges, Dain Arns, Keith Bruinsma, , Jackie Lanning, Caroline Petrowski, Tony
Sonnenburg, Mike Fossum
Members Absent: Matthew Nelson, Tim Heaton and Brian Leuders
Others Present: James Weiss, SDSU staff
Excerpt from Summary of Discussion:
New Business:
1) Request for a 2-way stop sign at 7th Street and 13th Avenue
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Jim Weiss from SDSU discussed the request to install stop signs at the intersection of 7th
Street and 13th Avenue, to form a 2-way controlled intersection. The intersection currently
does not have any stop signs. 13th Avenue is being utilized as ingress and egress for the
campus, thus increasing the traffic along 13th Avenue. The intersection of 7th Street and 13th
Avenue also has a valley gutter on the east side of the intersection, causing the east/west
traffic to already slow down at the intersection. Jim Weiss also indicated that the pedestrian
traffic has increased at this intersection due to the new entrance design. The Committee
discussed the request, and Lanning reviewed the Manual of Uniform Traffic Control
Devices, Section 2B.05, Stop Sign Applications. The committee felt this intersection
justified the need for 2-way stop signs because of the high number of campus pedestrians
utilizing 13th Avenue and the restricted view for the east/west traffic indicating a need for
control by the stop sign. The MUTCD also indicates the stop sign should stop the direction
that has obscured vision, dips, or bumps that already require drivers to use lower operating
speeds. In this case, there is a valley gutter on the east side of the intersection, verifying that
the east/west location would be the best location for the stop signs. Whaley/Bridges made a
motion to install 2-way stop signs at 7th Street at its intersection with 13th Avenue. All
present voted aye. Motion passed.
This resolution will authorize the installation of two new stop signs at the intersection of 7th
Street and 13th Avenue.
Resolution No. 73-09
Concurring in the Placement of Stop Signs
at the intersection of 7th Street and 13th Avenue
Whereas, Section 82-373 of the Revised Ordinance of the City of Brookings, provides for
approval by the City Council for placement of stop signs in locations other than along
through streets.
Now, Therefore, Be It Resolved that the City Council concurs in the recommendation of the
Traffic Safety Committee and the City Manager and approves the placement of stop signs on
7th Street at its intersection with 13th Avenue.
Passed and approved this 28th day of July 2009.
CITY OF BROOKINGS
_________________________
Tim Reed, Mayor
ATTEST:
___________________________
Shari Thornes, City Clerk
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July 28, 2009
#4 - CONSENT AGENDA:
G. Action on Resolution No. 74-09, a Resolution amending Award of Bids
for Airport Fuel System Concrete Work.
This project entails installing a concrete containment pad for the new airport fuel system.
The fuel system will include two-12,000 gallon above ground fuel tanks with all associated
equipment. The Concrete Work will include grading, pit run and the installation of a 60’ x
42’ concrete pad for the fuel tank system. This will be a containment pad that will hold fuel
in the case of a leak or spill from the fuel tanks.
The location of the containment pad was changed due to required separation distances
required for parking the aircraft fuel trucks away from buildings. This change modified the
scope of the project by changing the location and curb heights of the concrete work.
Rexcon Materials, Inc. was given the opportunity to rescind their bid due to the change in
scope, which they decided to do.
The new low bidder, Mills Construction, will be given the opportunity to complete the
project at their original bid price. Mills Construction has looked at the new site and given
verbal confirmation that they will complete this project for $14,990.00.
The advertisement was mailed to area contractors and 2 builders exchanges. The bid letting
was held on June 16, 2009 and we received the following bids:
Rexcon Materials, Inc., Volga, SD $9,296.00
Mills Construction, Brookings, SD $14,990.00
Owens Enterprises, Inc., Brookings, SD $17,134.00
Brooks Construction, Sioux Falls, SD $30,000.00
Carl V. Carlson Company, Tea, SD $30,290.00
Peterson Concrete, Mitchell, SD $32,500.00
Dakota Contracting Corporation, Sioux Falls, SD $33,980.00
Clark Drew Construction, Inc., Brookings, SD $36,500.00
The conjunction of the fuel tank project ($89,386.00), the electrical work ($12,520.50) and
this project ($14,990.00) is within the budgeted amount of $183,000 for this project. The
budget will also cover the tank removal and restoration. This Resolution will authorize
awarding the bid to the next lowest bidder, Mills Construction, Brookings, SD, in the
amount of $14,990.00.
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Resolution No. 74–09
Resolution Awarding Bids for
Airport Fuel System Concrete Work
Whereas, the City of Brookings opened bids for the Airport Fuel System Concrete Work on
Tuesday, June 16, 2009 at 1:30 pm at Brookings City Hall; and
Whereas, the City of Brookings has received the following bids for the Airport Fuel System
Concrete Work:
Rexcon Materials, Inc., Volga, SD $9,296.00
Mills Construction, Brookings, SD $14,990.00
Owens Enterprises, Inc., Brookings, SD $17,134.00
Brooks Construction, Sioux Falls, SD $30,000.00
Carl V. Carlson Company, Tea, SD $30,290.00
Peterson Concrete, Mitchell, SD $32,500.00
Dakota Contracting Corporation, Sioux Falls, SD $33,980.00
Clark Drew Construction, Inc., Brookings, SD $36,500.00
Whereas, the City of Brookings has revised the location of the project and curb heights of the
concrete work; and
Whereas, the low bidder, Rexcon Materials, Inc., Volga, SD, has rescinded its bid due to the
foregoing change orders; and, based upon the above-mentioned circumstances, it is necessary to
adopt this Resolution in lieu of Resolution No. 58-09 dated June 23, 2009.
Now Therefore, Be It Resolved that the next lowest bid of Mills Construction, Brookings, SD for the
Airport Fuel System Concrete Work in the sum of $14,990 is accepted and Resolution 58-09 is hereby repealed.
Passed and approved this 28th day of July, 2009.
CITY OF BROOKINGS
________________________________
Tim Reed, Mayor
ATTEST:
_________________________
Shari Thornes, City Clerk
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July 28, 2009
#4 - CONSENT AGENDA:
H. Action on Resolution No. 75-09, a Resolution authorizing the Mayor to
Sign an Agreement for Federal Aviation Administration Grant.
The City of Brookings has received a grant from the Federal Aviation Administration in the
amount of $247,270. This grant will provide full funding of the new airport plow truck as
well as partial funding for the Environmental Assessment. The City share for this grant will
be $7,809 with a State share of $5,206. The total project amount covered by this grant is
$260,285. The plow truck cost is $172,908 which will allow the additional $87,377 to
reimburse a portion of the Environmental Assessment.
Resolution No. 75-09
Resolution Authorizing Mayor to Sign an Agreement for
Federal Aviation Administration Grant
AIP Project No. 3-46-0005-21-2009
Whereas, the Brookings City Council desires funding for Snow Removal Equipment and
services to Conduct Environmental Study (Phase III) for Airport Improvement Project No.
3-46-0005-21/2009; and
Whereas, The City of Brookings is obligated to and hereby agrees to be reimbursed by the
Federal Aviation Administration for 95% and SD State Aeronautics Department for 2% of
the allowable costs incurred in accomplishing Airport Improvement Project No. 3-46-0005-
21/2009; and
Whereas, that Federal Aviation Administration is hereby requested to authorize Airport
Improvement Project No. 3-46-0005-21-2009 in accordance with the approved grant
agreement.
Now, Therefore, Be It Resolved, that the Mayor is hereby authorized to sign all documents
related to an agreement for the Federal Aviation Administration Grant AIP Project No. 3-
46-0005-21-2009.
Passed and approved this 28th day of July 2009.
CITY OF BROOKINGS
____________________________
ATTEST: Tim Reed, Mayor
________________________
Shari Thornes, City Clerk
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#4 - CONSENT AGENDA:
I. Action on a real estate tax abatement for the City of Brookings in the
amount of $1,123.35 for 2008 tax year for farmland property located at
N1/2, SE1/4 Exc H-1 and Exc portion of E720’ of S1450’ and Exc H-4
and Exc. Lot 1 Shop Site and Exc. E985’ of N1/2 SE1/4 .
The City of Brookings purchased the final parcel from Brad Svennes in January, 2008;
however, the fact the Svennes property was purchased over a period of 3 years, a partial
abatement of 2008 real estate taxes is required on the Svennes property. The calculation has
been discussed with the Director of Equalization and has computed an Application to Abate
Taxes from and after January 16, 2008 in the amount of $1,123.35.
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Presentations/Reports/Special Requests:
5. Presentation of ABLE (Ability, Belief, Leadership and Equality to
Achieve Access for All) Award for Accessibility by Brookings Committee
for People who have Disabilities.
The Brookings Committee for People who have Disabilities has selected the Brookings
Wesleyan Church to be the recipient of the 2009 ABLE Award.
The ABLE (for Ability, Belief, Leadership, and Equality) Award recognizes outstanding
contributions to the implementation of the Americans with Disabilities Act. It is presented
each year in conjunction with the celebration of the anniversary of the signing of the ADA
into law by President George Bush on July 26th 1991. A copy of a Mayoral Proclamation
proclaiming July 26th as ADA Day in Brookings is also enclosed in the packet.
The Committee feels the Wesleyan Church and its programs are models of accessibility and
inclusion. The Committee was particularly impressed with the Church’s inclusionary efforts
to offer classroom opportunities to people with disabilities including transportation.
Representatives of the Church will be present to accept the Award.
Past Winners
2008: The Shamrock
2007: Lowe’s
Capital Card Services
2006: Ada Caldwell Residence Hall, SDSU
2005: Fishback Soccer Park
Fergen’s Clothing
2004: Holiday Inn Express
Applebee’s Neighborhood Bar & Grill
2003: Larson Ice Center
1st United Methodist Church
2002: SDSU Crothers Engineering Hall
2001: Brookings HyVee
United Church of Christ
2000: St. Thomas More Catholic Church
1999: George S. Mickelson Middle School
1998: Downtown Subway
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MAYORAL PROCLAMATION
CITY OF BROOKINGS, SOUTH DAKOTA
WHEREAS: On a national level, a response to the needs of persons with disabilities came on July 26,
1990, when the Americans with Disabilities Act (ADA) was signed into law, this legislation was hailed as
one of the most important steps taken to protect all citizens, as the ADA would guarantee people with
disabilities an equal opportunity to participate in every facet of life in their communities; and
WHEREAS: All persons with disabilities have the right and the responsibility to be active,
contributing members of society – the ADA was enacted to assure such rights and responsibilities to
allow for the full inclusion of individuals with disabilities in our society; and
WHEREAS: The enactment of the ADA opened windows of opportunity for people with disabilities
and perhaps more importantly, opened the eyes of our nation to the needs of people with disabilities;
and
WHEREAS: Brookings recognizes the need to further assure its policies, practices, support services
and new technologies allowing all citizens – those with disabilities as well as those without disabilities –
to enjoy the healthiest quality of life with confidence, independence and hope for a brighter future; and
WHEREAS: It is fitting that our city set aside a day on the 19th anniversary of the enactment of this
landmark legislation to celebrate the contributions and achievements of persons with disabilities to our
great society.
NOW, THEREFORE, BE IT RESOLVED, that I, Tim Reed, Mayor of the City of Brookings, do
hereby proclaim Sunday, July 26, 2009 as:
AMERICANS WITH DISABILITIES ACT DAY
And call upon all citizens to work together with others across our city, state and nation to promote
equality of opportunity, full participation, independent living and economic self-sufficiency for all
people.
IN WITNESS WHEREOF, I have placed the Seal of the City of Brookings, State of South Dakota, this
of 21st day of July, 2009.
Tim Reed, Mayor
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Presentations/Reports/Special Requests:
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.
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Ordinances – 1st Readings **
8. Ordinance No. 18-09; An Ordinance pertaining to an application for a
Conditional use for a Kennel in the Business B-3 District
Public hearing: August 11th
** No vote is taken on the first reading of ordinances. The title of the ordinance is read and the date for the public
hearing is announced.
Applicant: Brookings Regional Humane Society
Proposal: Establish a kennel in a heavy business district
Background: This building has been used by several businesses in the past. The property is
surrounded by large commercial buildings including a motor vehicle repair shop,
warehouses, and a flooring store.
Specifics: The standards that apply when considering a kennel use are as follows:
Sec. 94.282 This use shall be located in areas where the noise generated by such use
would not be a nuisance or detriment to adjacent properties. A fence separating the
kennel operation from adjacent properties shall be required. Kennels within 400 feet
of a residential district are not allowed. Kennels in conjunction with an animal
hospital with indoor confinement may be established less than 400 feet from a
residential district.
These are minimum standards and other conditions can be applied as needed. The
proposal includes a dog run along the south wall of the building. All other activities will be
contained within the building. On-premise parking is adequate for this use.
Recommendation: The Planning Commission voted 6 yes and 1 no to recommend approval
of the Conditional Use.
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Ordinance No. 18-09
An ordinance pertaining to an application for a Conditional Use for a Kennel in the Business
B-3 District.
Be it ordained by the governing body of the City of Brookings, South Dakota that said Conditional
Use shall be approved for a Kennel on the south 100 feet of Outlot 5 in the NE ¼ of Section 35-
T110N-R50W with the following conditions:
• The Conditional Use shall only be granted to the Brookings Regional Humane Society
All sections and ordinances in conflict herewith are hereby repealed.
First Reading: July 28, 2009
Second Reading: August 11, 2009
Published:
City of Brookings
__________________________
Tim Reed, Mayor
Attest:
________________________________
Shari Thornes, City Clerk
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Planning Commission
Brookings, South Dakota
July 7, 2009
OFFICIAL MINUTES
Chairperson David Kurtz called the regular meeting of the City Planning Commission to order on July 7,
2009 at 7:00 PM in the Council Chamber at City Hall. Members present were, Alan Gregg, John Gustafson,
Al Heuton, Wayne Avery, Greg Fargen, Mike Cameron, and Kurtz. Stacey Howlett and Larry Fjeldos were
absent. Also present were Dick Peterson, Rose Davidson, Dave Owens, Brian Gatzke, Kathy Larson, Wayne
Wagner, City Manager Jeff Weldon, City Engineer Jackie Lanning, Community Development Director Mike
Struck, Planning and Zoning Administrator Dan Hanson and others.
Item #4 – Brookings Regional Humane Society has submitted an application for a Conditional Use to
establish a kennel on the south 100 feet of Outlot 5 in the NE¼ of Section 35-T110N-R50W
(Cameron/Gustafson) Motion to approve the Conditional Use
(Cameron/Fargen) Amendment to the motion to add “to the Brookings Regional Humane Society only”. All
present voted aye. AMENDMENT CARRIED.
The motion, as amended, was voted on. All present voted aye except Kurtz voted no. MOTION
CARRIED.
SUMMARY OF DISCUSSION
Item #4 – Dick Peterson, a director on the Board of the Brookings Regional Humane Society, stated they
were looking for a building with air conditioning. The proposed site would have a small fenced dog run along
the south side of the building for dogs when their pens were being cleaned. No dogs would be kept in that
area. Rose Davidson of the Brookings Regional Humane Society remarked that the main occupants of the
facility would be cats. Only a few dogs would be housed there.
Kurtz noted that one of the standards required a 400 foot minimum distance to a residential district
boundary. He was concerned about barking dogs. Davidson responded that dogs would only come in on an
emergency basis. She added that the building was made of cinder block.
Gustafson felt the site was appropriate since the warehouses and other buildings around the site would block
noises. Cameron asked if the site had ample parking. Peterson replied yes.
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Sec. 94-134. BUSINESS B-3 HEAVY DISTRICT.
(a) Intent. This district is intended to provide for a wide variety of retail services. This district will include
commercial uses requiring large land areas, extensive retail operations, and outdoor display of merchandise.
Inventory and material storage shall be screened.
(b) Scope of Regulations. The regulations set forth in this section or set forth elsewhere in this title, when
referred to in this section, are the district regulations of the Business B-3 Heavy District.
(c) Permitted Uses.
1. Retail or service store
2. Personal service store
3. Hotel
4. Financial institution
5. Public transportation facility
6. Public utility facility
7. Parking facility or lot
8. Grocery supermarket
9. Drive-in food service
10. Gas dispensing station
11. Animal hospital
12. Car wash
13. Indoor or outdoor recreational facility
14. Temporary storage facility
15. Automobile sales
16. Office
17. Seasonal roadside stand
18. Drinking Establishment
19. Telecommunications Towers
(d) Permitted Special Uses. A building or premises may be used for the following purposes in conformance
with the conditions prescribed herein:
1. Outdoor sales
a. Used parts and other material storage shall be screened from adjoining property.
2. Wholesale trade with warehousing and storage
a. All inventory shall be stored within a completely enclosed building.
3. Lumberyard
a. The lumber storage area shall be at the rear of the building and screened from any arterial street or
residential district.
b. Seasonal outdoor displays shall not reduce the number of parking spaces on the lot below the
minimum requirements.
4. Nursery or greenhouse
a. Any land used to grow flowers, shrubs or trees shall not be located within 100 feet of an arterial
street.
5. Reverse vending machine
a. A trash receptacle shall be provided on-site.
6. Automobile service station
a. No fuel delivery pump shall be located within twenty feet (20') of any side lot line or right-of-way
line. No fuel pump shall be located within fifty feet (50') of the side or rear lot line abutting a
residential district.
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b. All repair work shall be done within a completely enclosed building.
c. All used automobile parts and dismantled vehicles shall be screened from adjacent property.
7. Citizen's drop-off for recyclables
a. No container shall be located within 100 feet of a residential district.
8. Motor vehicle repair shop
a. All repair work shall be done within a completely enclosed building.
b. All used automobile parts and dismantled vehicles shall be screened from adjacent property.
9. Motel
a. A minimum lot area of 1,000 square feet shall be provided for each sleeping room or suite.
10. Equipment rental store
a. An on-premise pickup and drop-off area shall be provided
b. Outdoor displays shall not reduce the number of parking spaces on the lot below the minimum
requirements.
11. Auction house
a. An on-premise pickup and drop-off area shall be provided
b. Outdoor displays shall not reduce the number of parking spaces on the lot below the minimum
requirements.
12. Semi-trailer storage
a. Storage shall not be permitted in the minimum front yard setback.
(e) Conditional Uses.
1. Assembling and packaging
2. Freight handling
3. Manufacturing, light
4. Mixed business/residential use
5. Contractors shop and storage yard
6. Buy back center for recyclables
7. Household hazardous waste site
8. Light processing facility
9. Transfer site for recyclables
10. Day care facility
11. Kennel
12. Truck and trailer rentals
13. Farm Implement Sales
(f) Density, Area, Yard and Height Regulations.
The B-3 district regulations shall be as follows:
Min. Min. Min. Min. Min. Max.
Lot Lot Front Side Rear Height
Density Area Width Yard Yard Yard
Sq.Ft. Sq.Ft.
All Uses - - 20' -* 20'* 45'
*A fifty foot (50') landscaped area shall be required between an abutting residential district boundary line and
any structure, access drive, parking lot or other accessory use.
(g) Accessory Uses. Accessory uses and building permitted in the B-3 District are buildings and uses
customarily incidental to any of the permitted uses in the district.
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(h) Parking Regulations. Parking, loading and stacking within the B-3 District shall be in conformance with
the regulations set forth in division 4 of article VI of this chapter.
(i) Sign Regulations. Signs within the B-3 District shall be in conformance with the regulations set forth in
division 5 of article VI of this chapter.
(j) Other Regulations. Development within the B-3 District shall be in conformance with the regulations set
forth in article II of this chapter.
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Second Readings / Public Hearings
9. Public Hearing and action on an agreement between the City of
Brookings and Mills Development Corporation for the exchange of real
property of the following described property: Tract I: Block Eight (8) of
Hyland Addition to the City of Brookings, County of Brookings, State of
South Dakota, in exchange for the above-described property, the City to
convey to Mills and Mills to acquire from City the following described
real property: Tract II: A parcel of real property measured 40’ by 743 feet
and located in the Prairie Hills Subdivision to the City of Brookings,
County of Brookings, State of South Dakota, as shown on the attached
Exhibit “A”; and Tract III: A parcel of real property consisting of
Twenty-five (25) acres, more or less, and located in the Prairie Hills
Subdivision to the City of Brookings, County of Brookings, State of
South Dakota.
July 21, 2009
TO: Mayor and City Council Members
FROM: City Manager Jeff Weldon
RE: PUBLIC HEARING; Property transfer proposal to reduce price of property
purchase for storm drainage project #1
Pursuant to your direction adopting a project priority listing for our storm drainage
masterplan implementation, the first project involves the acquisition of Block 8 Hyland
Addition. This parcel is owned by John Mills and I have been negotiating with him for the
purchase of this parcel.
We are pleased Mr. Mills is willing to work with us. The property is priced at $406,673 but
the owner has offered to reduce the price of the parcel by $100,000 if we deed to Prairie
Hills, LLC a 25 acre parcel of unplatted property just southwest of Medary Avenue and 20th
Street South which is currently owned by the City. This acreage is east and directly adjacent
to the pending residential subdivision plan of Prairie Hills, legally owned by Prairie Hills,
LLC. Maps of both parcels are attached.
SDCL 9-27-34.1 authorizes the transfer of property between a municipality and a private
party.
Mills Development intends to utilize this 25 acre area to assist with development objectives
that support and complement the future Prairie Hills subdivision such as storm drainage
ponds, utilizing the fill to help improve lots, and create open space amenities that enhance
the area. A small sliver of this parcel in the extreme northeast corner adjacent to the existing
trail would be added to an existing, adjacent 12-acre business parcel. When completed, this
area would be enhanced open space from its current state. Plans are in the early
development stage but are not yet complete.
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This area was received by the City through a partial purchase and partial donation from
Prairie Hills, LLC initially and was intended to be open space and future parkland a few years
ago. However, it does not appear in the City’s comprehensive plan as being identified as
future parkland. The land is low, prone to flooding, and serves as part of our overall storm
water management system. The exchange would not include the land currently as part of the
paved trail system, which would remain unchanged. That would be retained by the City. In
fact, it would probably be enhanced as part of the end-use open space development. Staff
has had concerns about the final reclamation condition of this property, especially the
existing rail-bed as a primitive trail and preserving some of the cottonwood trees along
Medary Avenue. Mills Development has agreed to retain the rail-bed trail and integrate it
into a comprehensive trail system. Many of the trees can remain but some will have to be
removed. The remaining life of some of the cottonwood trees is questionable. Mills
Development and the City will work cooperatively on a final plan for this area.
In order to facilitate a property exchange (so the City can get a reduced price for Block 8
Hyland Addition for a needed storm drainage pond), we needed to appoint three people to
“appraise” or value the two parcels. This is done in lieu of a formal appraisal and at no cost
to the City. The appraisal information is then used as a tool but is not binding upon the
Council. Using the exchange procedure, we also would not need to transfer the property
through BEDC whish is typically done. The City Council approved the appointment of
three persons to provide such an assessment of the two parcels at the June 23 Council
meeting. The results are as follows and their opinions are attached. All three realtors
provided this service to the City without charge, for which the City is greatly appreciative.
Realtor: Block 8 Hyland Addn. (Mills) SW Medary/20th (City)
Sara Woodard $521,730-$579,700 $250,000-$300,000
Ron Borchardt $376,805-$463,760 $75,000-$125,000
Ryan Krogmann $405,000-$450,000 $100,000-$125,000
This information is used as a guide to help you determine the relative values of subject
parcels pursuant to a real estate transfer.
Also attached is the REAL ESTATE EXCHANGE AGREEMENT which was prepared by
City Attorney Steve Britzman. Once executed, would facilitate the property transfer. The
end result of the transaction would be as follows:
1) Prairie Hills LLC takes possession of the City property and can utilize it to
complement development of the Prairie Hills residential subdivision, however,
no homes would be built on this property. Prairie Hills LLC will work with the
City on an end-use redevelopment plan with it being returned to the City as re-
developed and enhanced open space. A small sliver of land (40’ by 743’)
adjacent to an existing B zone parcel would be retained by Prairie Hills LLC.
2) The City takes possession of Block 8 Hyland Addition for payment of
$306,673.64 from the storm water fund as the Number 1 priority in our storm
water masterplan and begin engineering for the construction of the site for a
pond. Because of the land exchange, this purchase price has been reduced by
$100,000.
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3) This land transaction paves the way for development of the Prairie Hills
residential subdivision on the southeast corner of Main Avenue and 20th Street.
Some complementary neighborhood commercial development is also planned
for this area.
4) This transaction provides for the installation of a trunk sewer system along Main
Avenue to service Prairie Hills as well as future development on the west side of
Main Avenue. This is an implementation strategy to Goal #5 from last year’s
Strategic Plan to extend utilities into our southern growth corridor.
5) This will spur development on the west side of South Main Avenue. The School
District has purchased 20 acres for a new elementary school and Oakwood
Equity has purchased property on the southwest corner of Main and 20th for a
residential and neighborhood commercial subdivision. This project has had a
preliminary review by the Planning Commission and all such projects would
utilize the trunk sewer line.
The other option, of course, is not to undertake the transaction. The result of this option
would be the city open space would likely not be improved to a “better” open space; the
storm drainage project is $100,000 more expensive; and private development on South Main
will likely be stalled.
Staff recommends approval of the transfer agreement.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City Manager Recommendation - Approve
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REAL ESTATE EXCHANGE AGREEMENT
__________________
THIS REAL ESTATE EXCHANGE AGREEMENT is made and executed by and
between the City of Brookings, South Dakota, a South Dakota Municipal Corporation, (hereinafter
referred to as “City”), and Mills Development Corporation, (hereinafter referred to as the “Mills”);
WITNESSETH:
WHEREAS, each of the parties desires to acquire certain real property from the other party,
pursuant to the terms of this Real Estate Exchange Agreement.
NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND
AGREEMENTS CONTAINED HEREIN, IT IS MUTUALLY AGREED BY AND BETWEEN
THE PARTIES HERETO AS FOLLOWS:
1. Exchange of Real Property. Mills hereby agrees to convey to City and City hereby
agrees to acquire from Mills, the following described real property:
Tract I.
Block Eight (8) of Hyland Addition to the City of Brookings, County of
Brookings, State of South Dakota.
In exchange for the above-described property, the City hereby agrees to convey to Mills and
Mills hereby agrees to acquire from City the following described real property:
Tract II.
A parcel of real property measured 40’ by 743 feet and located in the Prairie
Hills Subdivision to the City of Brookings, County of Brookings, State of
South Dakota, as shown on the attached Exhibit “A”; and
Tract III.
A parcel of real property consisting of Twenty-five (25) acres, more or less,
and located in the Prairie Hills Subdivision to the City of Brookings, County
of Brookings, State of South Dakota, as shown on Exhibit “A” attached
hereto.
A survey may be required to describe Tracts I and II prior to Closing.
In addition, the City shall pay to Mills at Closing the additional sum of Three Hundred Six
Thousand Six Hundred Seventy-three and 64/100 ($306,673.64) Dollars in order to equalize the
value of the exchange.
2. Real Estate Closing Documents and Miscellaneous. City shall provide a Warranty
Deed to Mills at Closing to include the property described as Tracts II and III above. City shall
convey said property free of liens and mortgages, but said property may be subject to easements,
rights of way and restrictions of record. Mills shall, in turn, provide a Warranty Deed to City at
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Closing to include the property described as Tract I above. Mills shall convey said property free of
liens and mortgages, but said property may be subject to easements, rights of way and restrictions of
record. In addition, Mills and City, as the case may be, shall also perform the following:
A. Title Insurance Policy. Title Insurance is not required for this transaction.
B. Deed Preparation. The City Attorney will prepare the respective Warranty
Deeds and Certificates of Real Estate Value.
C. Transfer Fee and Real Estate Taxes. This transaction is exempt from
transfer fees. Because Tracts II and III have been owned by the City of Brookings,
which is a political subdivision, the property is exempt from real property taxes
and the drainage assessment prior to the date of Closing. The 2009 Real Estate
Taxes for Tracts II and III shall be prorated from the date of Closing, with Mills
paying the pro-rated share pertaining to Tracts II and III after the date of Closing.
All future taxes and assessments, including the 2009 annual storm sewer and
drainage assessment, if any, shall also be Mills’ obligation. With respect to Tract
I, Mills shall pay the accruing 2009 Real Estate Taxes through the date of
Closing.
D. Closing Date. The Closing Date shall occur when a mutually acceptable
Closing Date is selected.
E. Possession. The parties shall each acquire possession of the above-described
property immediately following Closing.
3. Right of First Refusal. In the event the City of Brookings, South Dakota or its
successors or assigns shall receive a bona fide offer from any person, company or other entity for
the purchase of part or all of Tract I, and should the City of Brookings, South Dakota or its
successors or assigns be willing to accept such offer, the City of Brookings, South Dakota or its
successors or assigns shall provide Mills Development Corporation with a copy of the offer and a
copy of any proposed contract covering the sale of the above described real property and shall
notify Mills Development Corporation that it has accepted the proposed contract subject to this
Right of First Refusal. For a period of sixty (60) days following receipt of the copy of said offer as
contained in the proposed contract, Mills Development Corporation shall have the right and option
to enter into a real estate purchase contract with the City of Brookings, South Dakota on the same
terms and conditions specified in the bona fide offer or proposed contract. In the event Mills
Development Corporation shall not so elect within the sixty (60) day period, the City of Brookings,
South Dakota may then proceed to sell the part or all of the above-described real property to the
potential buyer, provided the sale is completed upon the same terms and conditions and for the
same purchase price set forth in the bona fide offer or contract delivered to Mills Development
Corporation.
This Right of First Refusal shall run with the land described herein.
4. Right of First Refusal. In the event Mills Development Corporation or its
successors or assigns shall receive a bona fide offer from any person, company or other entity for
the purchase of part or all of Tracts II and III, and should Mills Development Corporation or its
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successors or assigns be willing to accept such offer, Mills Development Corporation or its
successors or assigns shall provide the City of Brookings, South Dakota with a copy of the offer and
a copy of any proposed contract covering the sale of the above described real property and shall
notify the City of Brookings, South Dakota that it has accepted the proposed contract subject to this
Right of First Refusal. For a period of sixty (60) days following receipt of the copy of said offer as
contained in the proposed contract, the City of Brookings, South Dakota shall have the right and
option to enter into a real estate purchase contract with Mills Development Corporation on the
same terms and conditions specified in the bona fide offer or proposed contract. In the event the
City of Brookings, South Dakota shall not so elect within the sixty (60) day period, Mills
Development Corporation may then proceed to sell the part or all of the above-described real
property to the potential buyer, provided the sale is completed upon the same terms and conditions
and for the same purchase price set forth in the bona fide offer or contract delivered to the City of
Brookings, South Dakota.
This Right of First Refusal shall run with the land described herein.
5. Notice. This Real Estate Exchange Agreement was prepared by Steven J. Britzman,
City Attorney for the City of Brookings, 521 Sixth Street, Suite 104, Brookings, South Dakota
57006.
6. Entire Agreement. This written Agreement constitutes the complete Agreement
between the parties and supersedes any prior oral or written Agreement between the parties
regarding the subject matter of this Agreement. There are no verbal agreements that change this
Agreement and no waiver of its terms will be effective unless such are made and executed in writing
and duly acknowledged as received by the parties.
7. Binding Effect. This Agreement binds the parties hereto and their heirs,
successors and assigns, if any.
Dated this ____ day of July, 2009. CITY OF BROOKINGS, SOUTH DAKOTA
(SEAL) By: ________________________________
Tim Reed, Mayor
ATTEST:
________________________________
Shari L. Thornes, City Clerk
Dated this ____ day of July, 2009. MILLS DEVELOPMENT CORPORATION
(SEAL) By:
John H. Mills, President
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Alcohol Licenses:
10. Public hearing and action on an application for a Temporary On-Sale
Malt Beverage and On-Sale Wine Retailer’s License for Downtown
Brookings, Inc. on August 8, 2009, in the 400 block of Main Avenue for
the “Taste of Brookings” event.
Downtown Brookings Inc. (DBI) has submitted an application for a Temporary ON-SALE
Malt Beverage and On-Sale Wine Retailers License for their “Taste of Brookings” event
scheduled in the 400 block of Main Avenue on Saturday, August 8, 2009.
This is a special temporary license only available to a civic, charitable, educational or fraternal
organization. The City Attorney has reviewed the application and has determined that the
DBI organization is a qualifying entity.
35-4-11.4. Special malt beverage and on-sale wine retailers licenses for special event--Period
covered--Security for street dance. Any municipality or county may issue a special malt
beverage retailers license and a special retail on-sale wine retailer’s license to any civic,
charitable, educational, or fraternal organization in conjunction with a special event within
the municipality or within the county. Educational does not include any elementary,
secondary, or higher educational institution in the public school system of this state. Any
license issued pursuant to this section may be issued for a period of time established by the
municipal governing body or board of county commissioners. However, such period of time
may not exceed fifteen consecutive days. If an organization receiving a license pursuant to
this section conducts a street dance in conjunction with the special event, the organization
shall provide qualified security personnel as deemed necessary by the governing body which
issued the license to maintain order during the street dance.
Source: SL 1987, ch 261, § 37; SL 1991, ch 297; SL 1999, ch 185, § 1; SL 2008, ch 182, § 5.
Legal notice, a public hearing and council action is required to issue this license. A copy of
the application is enclosed that provides a description of the event, live music arrangements,
location of the beer garden, security arrangements, and other amenities such as restrooms,
barricades and trash receptacles. Please note that the organization has also requested a
street closure in conjunction for this event.
Of special note, their application requests the beer garden location to consist of the entire
400 block of Main Avenue. However, Police Chief Jeff Miller recommends a beer garden
enclosure, pending city attorney’s opinion regarding open container laws. This will be added
to the application/permit. The application identifies DBI members serving as security
personnel; however, Police Chief Jeff Miller recommends adding to the permit one police
officer for security be paid for and provided by DBI at the normal charge-out rate of
$30./hr. That would amount to $180.00 for the 5 hour period. The Police Dept. would also
provide two additional reserve officers, with the full-time officer, at no cost.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City Manager Recommendation - Approve
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Other Business:
11. TABLED ITEM: Action on Resolution No. 67-09, awarding bids for
2009-09STI Riogrand, Napa Valley, Sonoma Valley & Cumberland Court
Street Project, Phase II, Asphalt surfacing, Grading, Curb & Gutter, and
Utilities.
Status Update: The Brookings Utility Board will be discussing the Phase II water main and
sanitary sewer main extension application at their meeting on Monday, July 27th, 2009. City
Manager Weldon will provide an update and recommendation to the City Council for their
consideration after the BMU meeting.
Previous Memo from the July 14th meeting:
This project entails the construction of streets in the Valley View Addition, located on the southern
part of Brookings adjacent to 20th Street South. This project is Phase II of the Valley View TIF
project which includes water mains and services, sanitary sewer mains and services, storm sewer,
grading, storm sewer, gravel, curb & gutter and asphalt paving. This project is the second phase of
construction for this development and the streets included in the bid letting are portions of Rio
Grand Avenue, Sun Valley Street, Senoma Valley Street, and Cumberland Court. The project has
been bid with two contracts, one for “Grading” which includes water mains and services, sanitary
sewer mains and services, storm sewer, grading, gravel and curb & gutter and one for “Paving” which
includes the asphalt paving work.
The plans for the project were mailed to several area contractors and 2 builders exchanges. The bid
letting was held on July 7, 2009 and the City received the following bids:
GRADING:
Rounds Construction Co., Inc., Brookings, SD $279,356.09
Bowes Construction, Inc., Brookings, SD $349,750.59
Oliver Excavating, Inc., Tea, SD $389,149.53
PAVING:
Bowes Construction, Inc., Brookings, SD $52,590.00
The low Grading bid was approximately 47% lower than the engineer’s estimate (Banners Associates)
of $525,059.35. The low Paving bid was approximately 7% lower than the engineer’s estimate
(Banners Associates) of $56,670.00.
The Brookings Utility Board will be acting on the Phase II water main and sanitary sewer main
extension application at their meeting on Monday, July 13, 2009. In the event the application is not
approved at the BMU Board meeting, the award of this bid may be tabled until the July 24, 2009
meeting. City Engineer Jackie Lanning will provide the information during the Council agenda
review at the 5:00 pm meeting.
If the Brookings Utility Board approves the Phase II extension, staff recommends awarding the
Grading contract in the amount of $279,356.09 to Rounds Construction Co., Inc. and the Paving
contract in the amount of $52,590.00 to Bowes Construction, Inc.
Action: Motion to Remove from the Table, Roll Call
Action: Action on Tabled Motion to Approve, Request Public Comment, Roll Call
City Manager Recommendation: Approve
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Resolution No. 67–09
Resolution Awarding Bids on 2009-09STI
Rio Grand, Sun Valley, Senoma Valley & Cumberland Court
Valley View Phase II Project
Whereas, the City of Brookings opened bids for the 2009-09STI Rio Grand, Sun Valley,
Senoma Valley & Cumberland Court Phase II Project on Tuesday, July 7, 2009 at 1:30 pm at
Brookings City Hall; and
Whereas, the City of Brookings has received the following bids for the 2009-09STI Rio
Grand, Sun Valley, Senoma Valley & Cumberland Court Phase II Project:
GRADING:
Rounds Construction Co., Inc., Brookings, SD $279,356.09
Bowes Construction, Inc., Brookings, SD $349,750.59
Oliver Excavating, Inc., Tea, SD $389,149.53
PAVING:
Bowes Construction Co., Inc., Brookings, SD $52,590.00
Now Therefore, Be It Resolved that the low bid $279,356.09 for Rounds Construction Co.,
Inc., Brookings, SD be accepted for the Grading project and the low bid of $52,590.00 for
Bowes Construction Co., Inc., Brookings, SD be accepted for the Paving Project.
TABLED on 7/14/09 to 7/28/09
CITY OF BROOKINGS
________________________________
Tim Reed, Mayor
ATTEST:
_________________________
Shari Thornes, City Clerk
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12. Adjourn.
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