HomeMy WebLinkAbout2009_12_15 CC PKTCity Council Packet
December 15, 2009
1
Brookings City Council
Tuesday, December 15, 2009
City Hall Council Chambers
311 Third Avenue
4:00 p.m. – Executive Session
5:00 p.m. – Work Session
6:00 p.m. – Regular 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.
4:00 P.M. Executive Session for personnel matters.
Action: Motion to enter session – voice vote
Motion to leave executive session – voice vote
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. Review of Second Penny Sales Tax split issues (25/75).
2. City Council Member Ex-Officio Reports.
3. City Council member introduction of topics for future discussion. *
4. Council Invites & Obligations.
*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.
2. Pledge of Allegiance.
3. Record of Council attendance.
4. Action to approve the following Consent Agenda Items *
A. Action to approve the agenda.
B. Action to award bids for the Lighting Efficiency Project.
C. Action on annual Volunteer Board, Committee, and Commission appointments.
D. Action on Resolution No. 130-09, declaring three police vehicles as surplus property.
E. Action on Resolution No. 131-09, authorizing the City Manager to sign an operating
agreement renewal for Jim’s Tap, 309 Main Avenue.
F. Action on Resolution No. 132-09, a Resolution authorizing loan of private funds for
Larson Ice Center Exterior Improvement Project.
G. Action on Resolution No. 133-09, a resolution removing Uncollectible Accounts
Receivable from the Records.
H. Action on Resolution No. 134-09, A Resolution Fixing Time and Place for Hearing
upon Assessment Roll for Street Assessment Project 2009-04STA (Alley from 11th
Avenue to 12th Avenue between 1st Street and 2nd Street).
I. Action on Resolution No. 135-09, A Resolution Directing Preparation of Assessment
Roll, Dividing Assessments into Installments, and Providing for the Collection Thereof
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December 15, 2009
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For Street Assessment Project 2008-02STA (15th Street South, Christine Avenue and
Camelot Drive water, sewer, grading and curb & gutter).
J. Action on Resolution No. 136-09, A Resolution Directing Preparation of Assessment
Roll, Dividing Assessments into Installments, and Providing for the Collection Thereof
For Street Assessment Project 2009-02STA (15th Street South, Christine Avenue and
Camelot Drive asphalt paving).
Motion to approve, request public comment, roll call
* Matters appearing on the Consent Agenda are expected to be non-controversial and will be acted upon by the Council at one time,
without discussion, unless a member of the Council or City Manager requests an opportunity to address any given item. Items removed
from the Consent Agenda will be discussed at the beginning of the formal items. Approval by the Council of the Consent Agenda items
means that the recommendation of the City Manager is approved along with the terms and conditions described in the agenda supporting
documentation.
Contract Awards/Change Orders:
5. Action on Resolution No. 137-09, a Resolution awarding Bids for Landfill Compactor.
City Manager Introduction
Motion to approve, Request Public Comment, Roll Call
6. Action on Resolution No. 138-09, a Resolution awarding bids for the Fire Department
Top Mount Custom Rescue Style Pumper (E-4 Replacement).
City Manager Introduction
Motion to approve, Request Public Comment, Roll Call
7. Action on Resolution No. 123-09, a Resolution authorizing Final Change Order on Chip
Seal Project.
City Manager Introduction
Motion to approve, Request Public Comment, Roll Call
8. Action on Resolution No. 139-09, a Resolution authorizing Final Change Order on 2008-
03STA Downtown Streetscape Project, Winter Brothers Underground, Inc.
City Manager Introduction
Motion to approve, Request Public Comment, Roll Call
9. Action on Resolution No. 140-09, a Resolution authorizing Final Change Order on 2009-
03STI Willow Springs Circle Street Improvement Project.
City Manager Introduction
Motion to approve, Request Public Comment, Roll Call
Presentations, Special Requests/Invites & Reports:
10. Open Forum.
11. SDSU Student Senate Report.
Informational
Ordinance First Readings:
12. Ordinance No. 33-09: An ordinance pertaining to an application for a Conditional Use
for a major home occupation (manual press operation) within the City of Brookings at
the South 100 feet of Lots 13 and 14, Block 5, Parkdale Home Addition.
Public Hearing: January 12th
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December 15, 2009
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13. Ordinance No. 34-09: An Ordinance to Change the Zoning Within the City of
Brookings at Lot 18, Block 1, Nelson Second Addition be and the same is hereby
rezoned and reclassified from a Residence RMH District to a Residence R-1A District.
Public Hearing: January 12th
14. Ordinance No. 35-09: An ordinance pertaining to an application for a Conditional Use
for a major home occupation (weight loss service) within the City of Brookings at Lot
13, Block 6, Brookdale Addition.
Public Hearing: January 12th
** 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
15. Ordinance No. 32-09: Budget Amendment #3, An Ordinance Authorizing a
Supplemental Appropriation to the 2009 Budget for the Purpose of providing for
additional Funds for the Operation of the City. Public Hearing: December 15th.
City Manager Introduction
Open & Close Public Hearing
Motion to approve – Roll Call
16. Public hearing and action on Resolution No. 141-09, a Levying Assessment for Street
Assessment Project 2008-04STA (East/West Alley from 6th Street to 7th Street between
7th Avenue and 8th Avenue).
City Manager Introduction
Open & Close Public Hearing
Motion to approve – Roll Call
17. Public hearing and action on an on/off alcohol malt beverage license for Boss’s Pizza &
Chicken, 420 Main Avenue, Lots 11, 12, 13, Block 7, Original Plat Addition, Darin
Nagelhout, owner.
City Manager Introduction
Open & Close Public Hearing
Motion to approve – Roll Call
Other Business:
18. Action City Manager 2010 compensation package.
Motion to approve, Request Public Comment, Roll Call
19. Joint Intergovernmental Spaces Needs Project.
City Manager Introduction
Motion to approve, Request Public Comment, Roll Call
20. Adjourn.
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 Thorpe, Council Member
Julie Whaley, Council Member
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December 15, 2009
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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
If you require assistance, alternative formats, and/or accessible locations consistent with the Americans with Disabilities Act, please contact
Shari Thornes, City ADA Coordinator, at 692-6281 at least 3 working days prior to the meeting.
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December 15, 2009
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4:00 P.M. Executive Session for personnel matters.
SDCL 1-25-2. Executive or closed meetings.
Executive or closed meetings may be held for the sole purpose of:
1. Discussing the qualifications, competence, performance, character or fitness
of any public officer or employee or prospective public officer or employee.
The term “employee” does not include any independent contractors;
2. Discussing the expulsion, suspension, discipline, assignment of or the
educational program of a student;
3. Consulting with legal counsel or reviewing communications from legal
counsel about proposed or pending litigation or contractual matters;
4. Discussing marketing or pricing strategies by a board or commission of a
business owned by the state or any of its political subdivisions, where public
discussions would be harmful to the competitive position of the business.
However, any official action concerning such matters shall be made at an open official
meeting. An executive or closed meeting shall be held only upon a majority vote of the
members of such body present and voting, and discussion during the closed meeting is
restricted to the purpose specified in the closure motion. Nothing in 1-25-1 or this
section may be construed to prevent an executive or closed meeting if the federal or
state Constitution or the federal or state statutes require or permit it. A violation of
this section is a Class 2 misdemeanor.
Action: Motion to enter executive session – voice vote
Motion to leave executive session – voice vote
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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. Review of Second Penny Sales Tax split issues (25/75).
By previous action, the City Council requested a policy discussion about the City
of Brookings use of second penny sales and use tax revenue as it pertains to
types of expenditures.
The SD State Statute that regulated how the second penny sales and use tax
could be spent has been repealed. The City of Brookings ordinance for the use
of the one percent Second Penny Sales & Use Tax mirrors the repealed State
Statute. Historically the second penny has been used for capital expenditures
and securing financing for large, capital projects, land acquisition, and debt
retirement.
In addition to exclusive capital use, by policy we have further divided the Second
Penny designating 25% for public safety vehicles and equipment, firefighting
vehicles and equipment, leases, land acquisition, supplement the special E-911
fund and debt retirement related thereto. Attached is authorizing documentation
which describes this policy.
The purpose for revisiting this policy is to consider whether or not the 25/75
division is too strict and should it be re-adjusted to some other split amount, re-
defined, or eliminated completely to give us maximum budgetary flexibility to
address needs which change from year to year.
Estimated Time: 45 minutes
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December 15, 2009
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City of Brookings
Ends Policy 1, Financial Stability
Establishing what is to be done, for whom, at what cost, and Executive Limitations to define
unacceptable means.
Financial Stability – Key Performance Area
Financial stability is considered a key performance area by the Brookings City Council, and
appears in the Mission Statement as “fiscally responsible municipal management.”
One of the duties of the City Manager is the development of a process that keeps the Council
aware of upcoming budgetary needs and requests, so that the Council may aid in the creation
of ongoing budget priorities. Good stewardship requires the Council to discern what is in the
best interests of the citizens, and budget accordingly.
Therefore, budgeting for any fiscal period or the remaining part of any fiscal period shall not
deviate materially from Council Policies as established in key performance areas, or other City
Council policies. The City Manager is therefore prohibited from budgeting or spending that:
1. Lowers the City’s bond rating;
2. Violates Federal, State, or Municipal laws; ethical standards; and generally accepted
accounting and budgeting principles.
In addition, the City Manager may not bypass Council judgment to allow budgeting that:
1. Allows expenditures to exceed revenues, including the contingency as an expenditure;
2. Increases the property tax rate;
3. Includes capital expenditures that have not been previously approved by the Council; in
a Capital Improvement Plan or other council action;
4. Causes the City to incur new debt;
5. Increases operating expenses (meaning personnel and capital excluded) in any
department beyond inflation using at least a rolling six month average of the Midwest
Consumer Price Index;
6. Provides for employee compensation and benefits that exceed market standards;
Guideline A:
With respect to budget preparations, the City Manager shall stay within the confines of what
constitutes a conservative perspective, as it is the Council’s intention to:
1. Make conservative revenue projections using the previous five-year average as a
benchmark, with an emphasis on the previous year actual and current year actual.
Projections using current data should not be made with less than 6 months rolling actual
data.
2. Provide valuable citizen services;
3. Lighten the debt load of the City;
4. If a property tax rate is justified only because of state limitations, a special reserve will
be created.
5. The City has established the policy that financial, service and program performance
measures be developed and used as an important component of decision making and
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December 15, 2009
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incorporated into governmental budgeting. The City encourages all departments to
utilize performance measures. At a minimum, performance measures should be used to
report on the outputs of each program and should be related to the objectives of each
department. Performance measures should:
a. Be based on program objectives that tie to the City Council’s goals and
program mission or purpose;
b. Measure program results or accomplishments;
c. Provide for comparisons over time;
d. Measure efficiency and effectiveness;
e. Be reliable, verifiable and understandable;
f. Be reported internally and externally;
g. Be monitored and used in decision-making processes; and
h. Be limited to a number and degree of complexity that can provide an
efficient and meaningful way to assess the effectiveness and efficiency of
key programs.
Guideline B:
In addition, as the City Manager assumes his duties, the Council requests that the City Manager
keep information flowing to the Council, especially concerning plans relating to consolidation or
expansion of any City departments. Therefore, the City Manager may not consolidate or
expand any City Department without first informing the Council of the intended action.
Guideline C:
With respect to reserve funds the City Manager’s overall budgetary goal will be to present a
budget that allows for reasonable reserve creating options for the Council. The City Manager
may not bypass Council judgment to allow budgeting that:
1. Lowers the General Fund Reserve below a 3-month operational level:
a. The 3-month calculation shall be based upon General Fund expenditures, derived from
the previous year’s Audited Financial Statement. The reserve amount shall reflect the
targeted reserve amount, deficiencies below the targeted reserve amount and any
discretionary funds available above the targeted reserve amount.
b. General Fund reserves may be used at the Council’s discretion to address temporary
cash-flow shortages, emergencies unanticipated economic downturns, one-time
opportunities and capital needs related to buildings, structures and vehicles used
specifically in the operation of the General Fund. They provide flexibility to respond to
unexpected opportunities that may help the City achieve its goals.
The funds identified in “b” above may be used at the Council’s discretion to address
temporary cash flow shortages, emergencies, unanticipated economic downturns, and one-
time opportunities. They provide flexibility to respond to unexpected opportunities that
may help the City achieve its goals.
2. Lowers the following funds below the following:
a. The Industrial Development fund – a cash flow reserve of 10% and a capital reserve of
90% funded with revenue from the sale of industrial lands with a minimum of $500,000
in capital reserve.
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b. The Special Assessment fund – a reserve based on an annual analysis of current
development and future needs.
c. The Storm Drainage fund - a cash flow reserve of 20% of annual revenues and a capital
reserve based on the capital improvement plan with a minimum of 80% of annual
revenues from the previous year.
Council options for further reserves include:
a. Transfer to increase the reserve of another fund that is not at the established
target;
b. To finance un-funded necessities of the previous year’s budget reductions;
c. To pay off debt with a portion of the reserve;
d. To finance the expansion of City services;
e. To offer property tax, or other tax relief.
Guideline D:
The use of one-time revenues will be guided by this policy. Examples of one-time revenues
include: infrequent sales of assets, bond refunding savings, infrequent revenues from
development, and grants. These revenues may be available for more than one year (a three-year
grant), but are expected to be non-recurring. Examples of expenditures for which the City may
wish to use one-time revenues include startup costs, stabilization (to cover expenditures that
temporarily exceed revenues), early debt retirement, and capital purchases.
The City Manager will not bypass Council judgment in making use of one-time revenue. In
utilizing one-time revenue, the City Manager will carefully analyze and minimize the need for
ongoing expenditures.
Guideline E:
Capital expenditures will be planned each year in a five-year capital improvement plan. The
annual budget will provide a separate accounting of capital expenditures in each department.
The city manager should plan major projects with an estimated expenditure and with sources of
funding identified. The general fund expenditures for furniture, equipment, and buildings is
expected to fluctuate, but an average of 10% of the total general fund expenditures is expected,
this includes the amount funded by the 25% 2nd Penny funds.
Guideline F:
Upon the City Council’s adoption of an annual budget and five year capital plan that is
presented in accordance with Guidelines A through E, the City Manager assumes responsibility
for ensuring compliance with the budget as an established City Council Policy. This includes
expenditure control, and program and service delivery within that budget.
Minor deviations are tolerable and encouraged to maintain cost control and deliver quality
services. Examples of minor deviations are variances of purchases and costs between line items
in a budget, changes in programs and services resulting in cost savings or without cost, the use
of grants that do not cause future costs, and the purchases of minor equipment. This list is not
exhaustive.
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Major deviations require notification and sometimes-prior approval by the City Council.
Examples of major deviations include the use of the contingency fund, program eliminations or
additions, the use of cash instead of debt when debt was planned, changes in the capital
improvement plan, and change orders in capital projects. This list is not exhaustive.
To facilitate a budget that can respond to changing needs, the City Council will approve a
contingency fund for the City Manager to utilize at his/her discretion. Examples of uses for the
City Manager’s contingency fund include: unbudgeted training opportunities for staff; purchases
of software, hardware, and small equipment that was unbudgeted; one-time expenditures to fill
a major position vacancy; one-time expenditures requested by outside entities; and
emergencies in general. The Manager would be expected to make an effort to avoid utilizing
the contingency.
The City Manager will report compliance or deviations from this Guideline for Financial Stability
on a quarterly basis.
Guideline G:
Budgets for Enterprise Funds will be prepared by the City Manager with a goal of providing
quality services and sustaining a maximum return to the General Fund on a long-term basis. A
return on assets (ROA) will be calculated on an annual basis.
500,0001,000,0001,500,0002,000,0002,500,00025% 2nd Penny Cash FlowCapital PurchasesAnnual Revenue & CashCash Balance(FiTkAiii‐500,0000500,0001,000,0001,500,0002,000,0002,500,0002009 2010 2011 2012 2013 2014 2015 201625% 2nd Penny Cash FlowCapital PurchasesAnnual Revenue & CashCash Balance(Fire Truck AcquisitionScheduled ‐2010,11,13,15)
Second Penny25% Second Penny Projections3% projectedAssuming an annual increase of 3.0%Growth0.02 InterestYear20092010201120122013201420152016ExpendituresDebt ServiceLease Payment Golf Carts/Park22,300 22,300 22,300 22,300 22,300 25,000 25,000 25,000 Lease Payment/Motor Graders37,419 37,419 37,419 37,419 53,086 Lease Payment/Fire Trucks-Prin117,858 122,914 128,187 133,686 139,421 145,402 151,640 Lease Payment/Fire Trucks-Int40,287 35,231 29,958 24,459 18,724 12,743 6,505 Total Annual Debt Service217,864 217,864 217,864217,864233,531183,145183,14525,000Cash ProjectsStreet Sealing192,000 205,000 220,000 235,500 250,000265,000280,000295,000Street Dept-Vehicles/Equip212,000 323,000 225,500 92,086 375,000 388,125 250,000 E-911226,843 190,000 210,000 217,350 224,957 232,831 240,980 249,414 Law Enforcement Vehicles/Equip78,896 85,110 140,100 124,200 80,700 92,000 100,000 120,000 Fire Department Vehicles/Equip75,000 425,000 585,000 418,000 693,000 500,000 Fire Department Facilities37,200 41,000 Forestry-Facilities & Parks271,528 50,000 Edgebrook57,462 60,513 60,513 60,513 25,000 Total Cash Projects1,093,467 905,110 1,629,613 1,281,063 1,401,256989,831 1,509,105914,414Total Annual Expenditures1,311,331 1,122,974 1,847,477 1,498,927 1,634,787 1,172,976 1,692,250939,414RevenuesPayments for late delivery15,180 Interest Income10,000 10,750 11,556 12,423 13,355 14,356 15,433 16,590 25% Sales Tax Revenue1,193,750 1,200,000 1,236,000 1,273,080 1,311,272 1,350,611 1,391,129 1,432,863 Total Annual Revenues1,218,930 1,210,750 1,247,556 1,285,503 1,324,627 1,364,967 1,406,562 1,449,453Annual Net-92,40187,776 -599,920-213,424-310,160191,991-285,688510,039Ending Cash Balance864,331 952,107 352,187138,763-171,39720,594-265,094244,945Restricted Cash Balance Cashflow151,916 151,916 151,916151,916151,916151,916151,916151,916,,,,,,,,,,,,,,,,2ndPenny 25% Projects Nov 09.xlsx
$15,000,000.00 $20,000,000.00 $25,000,000.00 Axis Title75% Public Improvement‐Present Obligations‐Nov 09Cash BalanceAnnual ExpendituresAnnualRevenue$‐$5,000,000.00 $10,000,000.00 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021Annual Revenue
Second Penny Assuming an annual revenue increase of 1.03Year 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021ExpendituresDebt Service2003 Swiftel/Library Principle 790,000 810,000 840,000 870,000 900,000 2003 Swiftel/Library Interest143,840 118,560 91,830 62,850 32,400 2001 Ice Arena/PAC Principal**-2021285,000 300,000 310,000 325,000 340,000 585,000 755,000 790,000 835,000 875,000 920,000 970,000 1,015,000 2001 Ice Arena/PAC* Interest410,656 398,401 385,201 371,251 356,301 340,321 312,241 275,624 236,519 193,725 148,881 101,731 52,019 2005 Retail/Principal295,000 305,000 315,000 325,000 340,000 355,000 365,000 2005 Retail/Interest82,011 71,673 60,718 49,248 37,160 24,400 10,725 2006 Aquatic Pool/Principal308,000 308,000 308,000 2006 Aquatic Pool/Interest46,200 30,800 15,400 2009 Larson Advance/LIC Exterior150,000 2009 Larson Advance/LIC Exterior4,050 4,050 4,050 2009 Innovation Campus Loan/Principal44,134 45,473 46,853 48,274 49,739 51,248 52,803 54,405 56,055 57,756 2009 Innovation Campus Loan/Interest 78,838 35,207 33,868 32,488 31,067 29,602 28,093 26,538 24,937 23,285 21,585 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 Total Annual Debt Service2,361,907 2,347,684 2,410,237 2,237,940 2,086,402 1,385,262 1,523,507 1,146,165 1,152,060 1,149,266 1,149,423 1,152,271 1,147,560Cash ProjectsRailroad Switch15,191 Boys & Girls Club100,000 100,000 Swiftel CIP117,623 350,000 483,000 152,000 105,000 103,500 Critical Need-Forestry Aerial Truck135,000 Bike Trail Improvement Project- 101,000 SDSU Research Park150,000 150,000 SDSU Wellness Center500,000 Nature Park50,000 50,000 50,000 50,000 Larson holding barn concrete floor & turf125,000 Automation irrigation system/Edgebrook170,000 Airport Expansion294,880 500,000 S Main Ave sewer line extension500,000 Spl Assmnt-Street-15th St S/7th Ave S870,000 Street Improvements516,000 420,000 400,000 300,000 150,000Street Development700,000 500,000 1,650,000 0 2,500,000 SDSU Innovation Campus694,000 Animal Control/Humane Society Bldg100,000 100,000 Bob Shelden baseball field upgrade200,000 Adult baseball fields (2) Southbrook175,000 Mickelson Middle School baseball lighting190,000 Railroad Traffic Signals1,350,000 Fire Station550,000 Aquatic Center/Lazy River2,000,000 City/School Partnership Park-Land200,000 R & T Center-Chip seal parking lot7,000 Total Cash Projects1,017,814 3,750,880 3,130,000 2,717,000 1,805,000 2,803,500 2,700,000 0 0 0000Total Annual Expenditures3,379,721 6,098,564 5,540,237 4,954,9403,891,402 4,188,762 4,223,507 1,146,165 1,152,060 1,149,266 1,149,423 1,152,271 1,147,560Revenues75% Sales Tax Revenue3,506,250 3,611,438 3,719,781 3,831,374 3,946,315 4,064,705 4,186,646 4,312,245 4,441,613 4,574,861 4,712,107 4,853,470 4,999,074Donations46,200 36,200 20,800 11/12/2009Public Improvement Planning Tool Page 1
Second Penny Assuming an annual revenue increase of 1.03Year 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021Interest82,570 54,525 55,532 56,942 58,325 60,070 61,872 63,728 65,640 67,609 69,637 71,726 73,878Total Annual Revenues3,635,020 3,702,163 3,796,113 3,888,316 4,004,640 4,124,774 4,248,517 4,375,973 4,507,252 4,642,470 4,781,744 4,925,196 5,072,952Annual Net255,299 -2,396,401 -1,744,123 -1,066,624 113,238 -63,988 25,010 3,229,808 3,355,192 3,493,204 3,632,321 3,772,925 3,925,3920.1Ending Balance5,759,990 3,363,589 1,619,466 552,842 666,080 602,092 627,103 3,856,911 7,212,103 10,705,307 14,337,628 18,110,552 22,035,945Minimum Bal 10% cash flow339,923 339,923 339,923 339,923 339,923 339,923 339,923 339,923 339,923 339,923 339,923 339,923 339,923Restricted Cash Debt2,174,923 2,174,923 2,174,923 2,174,923 1,401,423 1,401,423 1,401,423 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000Available Cash3,245,144 848,743 -895,380 -1,962,004 -1,075,266 -1,139,254 -1,114,243 2,516,988 5,872,180 9,365,384 12,997,705 16,770,629 20,696,022*Estimated figures11/12/2009Public Improvement Planning Tool Page 2
05,000,00010,000,00015,000,00020,000,00075% Proposed Public Improvement Cash FlowAnnual ExpendituresAnnual RevenuesCash‐10,000,000‐5,000,00005,000,00010,000,00015,000,00020,000,0002008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 202175% Proposed Public Improvement Cash FlowAnnual ExpendituresAnnual RevenuesCash(Chart Includes SDSU Request)
Assuming an annual revenue increase of 1.03Year 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021ExpendituresDebt Service2003 Swiftel/Library Principle 765,000 790,000 810,000 840,000 870,000 900,000 2003 Swiftel/Library Interest168,320 143,840 118,560 91,830 62,850 32,400 2001 Ice Arena/PAC Principal**-2021275,000 285,000 300,000 310,000 325,000 340,000 585,000 755,000 790,000 835,000 875,000 920,000 970,000 1,015,000 2001 Ice Arena/PAC* Interest422,206 410,656 398,401 385,201 371,251 340,321 312,241 275,624 236,519 193,725 148,881 101,731 52,019 2005 Retail/Principal290,000 295,000 305,000 315,000 325,000 340,000 355,000 365,000 2005 Retail/Interest91,908 82,011 71,673 60,718 49,248 37,160 24,400 10,725 2006 Aquatic Pool/Principal308,000 308,000 308,000 308,000 2006 Aquatic Pool/Interest61,600 46,200 30,800 15,400 2009 Larson Advance/LIC Exterior150,000 2009 Larson Advance/LIC Exterior4,050 4,050 4,050 2009 Innovation Campus SRF Loan/Principal44,134 45,473 46,853 48,274 49,739 51,248 52,803 54,405 56,055 57,756 2009 Innovation Campus Loan/SRF Interest78,838 35,207 33,868 32,488 31,067 29,602 28,093 26,538 24,937 23,285 21,585 2009 Innovation Campus Loan/GF Principal105,213 107,868 110,590 113,381 116,242 119,175 122,183 125,266 128,427 131,668 134,991 2009 Innovation Campus Loan/GF Interest66,369 63,714 60,992 58,201 55,340 52,406 49,399 46,315 43,154 39,913 36,591 *Swiftel Expansion Principal 209,112 219,810 231,056 242,878 255,304 268,365 282,096 296,528 *Swiftel Expansion Interest 351,058 340,359 329,113 317,293 304,866 291,804 278,074 263,642 *City Hall Principal 133,297 138,727 144,379 150,262 156,384 162,755 169,386 176,287 183,469 *City Hall Interest 160,009 154,578 148,926 143,044 136,922 130,550 123,920 117,019 109,836 *Airport Expansion Principal 1,807,490 1,898,994 1,995,131 2,096,134 2,202,251 *Airport Expansion Interest 477,685 386,181 290,045 189,041 82,924 *SDSU Performing Arts Center Add'n 352,503 370,537 389,495 409,422 430,369 452,387 475,532 499,862 525,435 *SDSU Performing Arts Center Add'n603,710 585,676 566,718 546,791 525,844 503,826 480,681 456,352 430,778 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 Total Annual Debt Service2,383,234 2,361,907 2,347,684 2,581,819 2,409,522 3,151,202 5,651,707 5,789,951 5,412,610 5,418,507 5,415,710 3,130,692 3,133,542 3,128,830*Swiftel Center $8.5M/Library $2.8MCash ProjectsRailroad Switch15,191 Boys & Girls Club100,000 100,000 100,000 Swiftel CIP225,000 117,623 350,000 483,000 152,000 105,000 103,500 Critical Need-Forestry Aerial Truck135,000 Bike Trail Improvement Project- 101,000 SDSU Research Park150,000 150,000 150,000 SDSU Wellness Center500,000 Nature Park50,000 50,000 50,000 50,000 Larson holding barn concrete floor & turf125,000 Automation irrigation system/Edgebrook170,000 Airport Expansion294,880 500,000 S Main Ave sewer line extension500,000 Spl Assmnt-Street-15th St S/7th Ave S870,000 Street Improvements516,000 420,000 400,000 300,000 150,000Public Improvement Planning Tool with SDSU Proposals
Assuming an annual revenue increase of 1.03Year 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021ExpendituresStreet Development700,000 500,000 1,650,000 0 2,500,000 SDSU Innovation Campus694,000 Animal Control/Humane Society Bldg100,000 100,000 Bob Shelden baseball field upgrade200,000 Adult baseball fields (2) Southbrook175,000 Mickelson Middle School baseball lighting190,000 Railroad Traffic Signals150,000 1,350,000 Fire Station550,000 City/School Partnership Park-Land 200,000 R & T Center-Chip seal parking lot7,000 Aquatic Center/Lazy River2,000,000 City/School Partnership Park-Land 200,000 SDSU McCory Gardens1,000,000 SDSU Performing Arts Addition11,800,000 Total Cash Projects2,114,560 1,017,814 3,750,880 3,130,000 15,517,000 1,805,000 2,803,500 2,900,000000000Total Annual Expenditures4,497,794 3,379,721 6,098,564 5,711,819 17,926,522 4,956,202 8,455,207 8,689,951 5,412,610 5,418,507 5,415,710 3,130,692 3,133,542 3,128,830Revenues75% Sales Tax Revenue3,773,029 3,506,250 3,611,438 3,719,781 3,831,374 3,946,315 4,064,705 4,186,646 4,312,245 4,441,613 4,574,861 4,712,107 4,853,470 4,999,074DtiDonations61,600 46,200 36,200 20,800 Interest131,590 82,570 86,400 51,188 22,634Interfund Loan Repayment17,097 16,413 15,712 14,993 14,256 13,50012,726 11,931 11,117 10,282 9,426 8,549Total Annual Revenues3,966,219 3,635,020 3,751,134 3,808,182 3,869,720 3,961,308 4,078,961 4,200,146 4,324,971 4,453,544 4,585,978 4,722,389 4,862,896 5,007,623Revenue Bond Proceeds12,800,000*Tax Increment Revenue/TIF 1 FAA Grant Match4,000,000 6,000,000Total Debt Proceeds 0 000 12,800,000 4,000,000 6,000,0000000000Total Revenues3,966,219 3,635,020 3,751,134 3,808,182 16,669,720 7,961,308 10,078,961 4,200,146 4,324,971 4,453,544 4,585,978 4,722,389 4,862,896 5,007,623Annual Net-531,575 255,299 -2,347,429 -1,903,636 -1,256,802 3,005,106 1,623,753 -4,489,805 -1,087,639 -964,963 -829,732 1,591,697 1,729,354 1,878,7930.1Ending Balance5,504,691 5,759,990 3,412,561 1,508,925 252,123 3,257,229 4,880,983 391,177 -696,461 -1,661,424 -2,491,156 -899,460 829,894 2,708,687Minimum Bal 10% cash flow339,923 0000000000000Restricted Cash Debt2,192,673 2,174,923 2,174,923 2,174,923 3,454,923 3,454,923 2,677,573 2,677,573 2,677,573 2,677,573 2,677,573 2,677,573 2,677,573 2,677,573Available Cash2,972,095 3,585,067 1,237,638 -665,998 -3,202,800 -197,694 2,203,410 -2,286,396 -3,374,034 -4,338,997 -5,168,729 -3,577,033 -1,847,679 31,114*Estimated figuresPublic Improvement Planning Tool with SDSU Proposals
$
DEBT WORKSHEET 2009
Brookings Debt Limit 42,750,224.00$
Debt Outstanding
Description of Bonds Outstanding Principal Outstanding Interest Total Outstanding
-$ -$
Sales Tax Bonds -$ -$ 15,134,504.00$
2001 Sales Tax 8,305,000.00$ 205,328.00$ 8,510,328.00$
2003 Sales Tax 4,210,000.00$ 71,920.00$ 4,281,920.00$
2005 Sales Tax 2,300,000.00$ 42,256.00$ 2,342,256.00$
-$ -$ -$
Storm Drainage -$ 2,000,000.00$
SRF Loan (Total proposed $8M)2,000,000.00$ -$ 2,000,000.00$
-$ -$ -$
Tax Incremental Bonds -$ -$ 5,359,000.00$
TIF #3/Valley View Add'n 1,035,000.00$ -$ 1,035,000.00$
TIF #4/Sieler Add'n 440,000.00$ -$ 440,000.00$
TIF#1/SDSU Innovation Campus 3,884,000.00$ -$ 3,884,000.00$
Other Indebtedness -$ 766,000.00$
Acquatic Center 616,000.00$ -$ 616,000.00$
Larson Ice Center 150,000.00$ 150,000.00$
TOTAL CONSTITUTIONAL DEBTTOTAL CONSTITUTIONAL DEBT 23 259 504 00$23,259,504.00
Remaining Debt Limit 19,490,720.00$
Proposed Bond Issue 41,800,000.00$
Storm Drainage 6,000,000.00$
Airport 12,000,000.00$
City Hall 5,000,000.00$
Swiftel Center Expansion 7,000,000.00$
SDSU Performing Arts Expansion/McCory Gardens 11,800,000.00$
Over Debt Limit ($22,309,280.00)
City Council Packet
December 15, 2009
21
5:00 P.M. WORK SESSION
** Work Sessions are open to the public. During the Work Session the city staff would brief the Council on items for that
particular meeting, introduce future topics, and provide a time for Council members to introduce topics.
2. City Council Member Ex-Officio Reports.
Pursuant to council direction, “City Council Member Ex-Officio Reports” will be a
standing agenda item at all Council Work Sessions. The Council Members that serve as
Ex-Officio members on the Brookings Health System Board and Utility Board will
provide verbal reports regarding recent meetings they have attended.
Utility Board: Council Members Bezdichek and Kubal
Health Systems Board: Council Members Whaley and Thorpe
City Council Packet
December 15, 2009
22
5:00 P.M. WORK SESSION
** Work Sessions are open to the public. During the Work Session the city staff would brief the Council on items for that
particular meeting, introduce future topics, and provide a time for Council members to introduce topics.
3. 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.
City Council Packet
December 15, 2009
23
5:00 P.M. WORK SESSION
** Work Sessions are open to the public. During the Work Session the city staff would brief the Council on items for that
particular meeting, introduce future topics, and provide a time for Council members to introduce topics.
4. Council Invites & Obligations.
DATE DAY
EVENT &
BRIEF
DESCRIPTION
TIME
LOCATION
TOWN
ADDRESS
DIRECTIONS
Dec. 22nd Tuesday
NO COUNCIL
MEETING
DUE TO HOLIDAYS
January 12th Tuesday Legislative Session
Starts
January 12th Tuesday Youth in Government 7:00 a.m. Staurolite Inn
January 12th Tuesday Council Meeting 5 & 6 p.m. Council Chambers
January 20th Wednesday Brookings Day at the
Capitol
January 20-21st Wednesday-
Thursday
Governor’s
Conference on
Tourism
Ramkota
Pierre, SD
January 26th Tuesday Council Meeting 5 & 6 p.m. Council Chambers
February 17th Wednesday City Council Strategic
Goal Setting 5 to 7 pm Swiftel Center
February 18th Thursday City Council Strategic
Goal Setting
8:30 am to 4:30
pm Swiftel Center
City Council Packet
December 15, 2009
24
6:00 P.M. REGULAR MEETING
1. Call to order.
2. Pledge of Allegiance.
3. Record of Council attendance.
4. Action to approve the following Consent Agenda Items *
A. Action to approve the agenda.
B. Action to award bids for the Lighting Efficiency Project.
C. Action on annual Volunteer Board, Committee, and Commission appointments.
D. Action on Resolution No. 130-09, declaring three police vehicles as surplus property.
E. Action on Resolution No. 131-09, authorizing the City Manager to sign an operating agreement
renewal for Jim’s Tap, 309 Main Avenue.
F. Action on Resolution No. 132-09, a Resolution authorizing loan of private funds for Larson Ice
Center Exterior Improvement Project.
G. Action on Resolution No. 133-09, a resolution removing Uncollectible Accounts Receivable from the
Records.
H. Action on Resolution No. 134-09, a Resolution Fixing Time and Place for Hearing upon Assessment
Roll for Street Assessment Project 2009-04STA (Alley from 11th Avenue to 12th Avenue between 1st
Street and 2nd Street).
I. Action on Resolution No. 135-09, a Resolution Directing Preparation of Assessment Roll, Dividing
Assessments into Installments, and Providing for the Collection Thereof For Street Assessment
Project 2008-02STA (15th Street South, Christine Avenue, and Camelot Drive water, sewer, grading and
curb & gutter).
J. Action on Resolution No. 136-09, a Resolution Directing Preparation of Assessment Roll, Dividing
Assessments into Installments, and Providing for the Collection Thereof for Street Assessment Project
2009-02STA (15th Street South, Christine Avenue and Camelot Drive asphalt paving).
Motion to approve, request public comment, roll call
* Matters appearing on the Consent Agenda are expected to be non-controversial and will be acted upon by the Council at one time,
without discussion, unless a member of the Council or City Manager requests an opportunity to address any given item. Items removed
from the Consent Agenda will be discussed at the beginning of the formal items. Approval by the Council of the Consent Agenda items
means that the recommendation of the City Manager is approved along with the terms and conditions described in the agenda supporting
documentation.
Contract Awards/Change Orders:
5. Action on Resolution No. 137-09, a Resolution awarding Bids for Landfill Compactor.
City Manager Introduction, Motion to approve, Request Public Comment, Roll Call
6. Action on Resolution No. 138-09, a Resolution awarding bids for the Fire Department Top Mount Custom
Rescue Style Pumper (E-4 Replacement).
City Manager Introduction, Motion to approve, Request Public Comment, Roll Call
7. Action on Resolution No. 123-09, a Resolution authorizing Final Change Order on Chip Seal Project.
City Manager Introduction, Motion to approve, Request Public Comment, Roll Call
8. Action on Resolution No. 139-09, a Resolution authorizing Final Change Order on 2008-03STA
Downtown Streetscape Project, Winter Brothers Underground, Inc.
City Manager Introduction, Motion to approve, Request Public Comment, Roll Call
9. Action on Resolution No. 140-09, a Resolution authorizing Final Change Order on 2009-03STI Willow
Springs Circle Street Improvement Project.
City Manager Introduction, Motion to approve, Request Public Comment, Roll Call
Presentations, Special Requests/Invites & Reports:
10. Open Forum.
11. SDSU Student Senate Report.
Informational
Ordinance First Readings:
12. Ordinance No. 33-09: An Ordinance pertaining to an application for a Conditional Use for a major home
occupation (manual press operation) within the City of Brookings at the south 100 feet of Lots 13 and 14,
Block 5, Parkdale Home Addition.
Public Hearing: January 12th
City Council Packet
December 15, 2009
25
13. Ordinance No. 34-09: An Ordinance to Change the Zoning Within the City of Brookings at Lot 18,
Block 1, Nelson Second Addition be and the same is hereby rezoned and reclassified from a Residence
RMH District to a Residence R-1A District.
Public Hearing: January 12th
14. Ordinance No. 35-09: An ordinance pertaining to an application for a Conditional Use for a major home
occupation (weight loss service) within the City of Brookings at Lot 13, Block 6, Brookdale Addition.
Public Hearing: January 12th
** 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
15. Ordinance No. 32-09: Budget Amendment #3, An Ordinance Authorizing a Supplemental Appropriation
to the 2009 Budget for the Purpose of providing for additional Funds for the Operation of the City. Public
Hearing: December 15th.
City Manager Introduction, Open & Close Public Hearing, Motion to approve – Roll Call
16. Public hearing and action on Resolution No. 141-09, a Levying Assessment Roll for Street Assessment
Project 2008-04STA (East/West Alley from 6th Street to 7th Street between 7th Avenue and 8th Avenue).
City Manager Introduction, Open & Close Public Hearing, Motion to approve – Roll Call
17. Public hearing and action on an on/off alcohol malt beverage license for Boss’s Pizza & Chicken, 420 Main
Avenue, Lots 11, 12, 13, Block 7, Original Plat Addition, Darin Nagelhout, owner.
City Manager Introduction, Open & Close Public Hearing, Motion to approve – Roll Call
Other Business:
18. Action City Manager 2010 compensation package.
Motion to approve, Request Public Comment, Roll Call
19. Joint Intergovernmental Spaces Needs Project.
City Manager Introduction
Motion to approve, Request Public Comment, Roll Call
20. Adjourn.
City Council Packet
December 15, 2009
26
CONSENT AGENDA #4
4. Action to approve the following Consent Agenda Items:*
A. Action to approve the agenda.
B. Action to award bids for the Lighting Efficiency Project.
C. Action on annual Volunteer Board, Committee, and Commission
appointments.
D. Action on Resolution No. 130-09, declaring three police vehicles as surplus
property.
E. Action on Resolution No. 131-09, authorizing the City Manager to sign an
Operating Agreement renewal for Jim’s Tap, 309 Main Avenue.
F. Action on Resolution No. 132-09, a Resolution authorizing loan of private
funds for Larson Ice Center Exterior Improvement Project.
G. Action on Resolution No. 133-09, a resolution removing Uncollectible
Accounts Receivable from the Records.
H. Action on Resolution No. 134-09, a Resolution Fixing Time and Place for
Hearing upon Assessment Roll for Street Assessment Project 2009-04STA
(Alley from 11th Avenue to 12th Avenue between 1st Street and 2nd Street).
I. Action on Resolution No. 135-09, a Resolution Directing Preparation of
Assessment Roll, Dividing Assessments into Installments, and Providing
for the Collection Thereof for Street Assessment Project 2008-02STA
(15th Street South, Christine Avenue, and Camelot Drive water, sewer,
grading and curb & gutter).
J. Action on Resolution No. 136-09, a Resolution Directing Preparation of
Assessment Roll, Dividing Assessments into Installments, and Providing
for the Collection Thereof For Street Assessment Project 2009-02STA
(15th Street South, Christine Avenue and Camelot Drive asphalt paving).
*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
City Council Packet
December 15, 2009
27
CONSENT AGENDA #4
B. Action to award bids for the Lighting Efficiency Project.
The American Recovery and Reinvestment Act of 2009 appropriates funding for the
Department of Energy to issue/award formula-based grants to states, U.S. territories, units of
local government, and Indian tribes under the Energy Efficiency and Conservation Block Grant
(EECBG) Program. The City of Brookings received a direct formula grant in the amount of
$87,600 to be utilized for programs or projects meeting one of the 14 eligible activities detailed
by the EECBG Program.
The City of Brookings Lighting Efficiency Project includes the replacement of existing lights at
the following municipal facilities:
Swiftel Center – Lobby, Concourse, Mezzanine, and Seating Areas
Larson Ice Center – Red and Blue Rinks
Holding Barn
Park and Recreation Gymnasium
Staff recommends awarding the bid to P3 Electric of Hayti, SD in the amount of $98,160.00.
The bid meets the desired outcomes of the EECBG Program while also meeting the desired
light levels at the specified facilities. The City will front the cost of the project and be
reimbursed by the Energy Efficiency Conservation Block Grant and utility rebate. Any surplus
funds will need to be applied towards another energy efficiency related project.
December 1, 2009 Muth
Electric P3 Electric Perry
Electric
Clites
Electric
Kindt
Electric
Travis
Electric
Engelstad
Electric
Bid Bond X X X X X X X
Larson Ice Center,
Swiftel Center
Seating Ares,
Mezzanine, Lobby
& Concourse
Areas
$111,840.00 $73,500.00 $104,529.00 Base:
$96,750.00 $105,773.46 $78,996.00 Base:
$89,520.00
Alternate:
$78,735.00 Alternate:
$104,700.00
Holding Barn - if
funds available $20,638.00 $18,000.00 $20,911.00 $22,845.00 $26,052.48 $27,583.00 $32,381.00
Alternate:
$25,380.00 Alternate:
$35,800.00
Park & Recreation
Gymnasium - if
funds available
$8,314.00 $6,660.00 $7,332.00 $7,785.00 $15,001.29 $9,295.00 $9,045.00
Alternate:
$7,770.00 Alternate:
$10,000.00
Base Bid $140,792.00 $98,160.00 $132,772.00 $127,380.00 $146,827.23 $115,874.00 $130,946.00
Alternate Bid $111,885.00 $150,500.00
City Council Packet
December 15, 2009
28
The following table provides a detailed breakdown of projected energy savings for each portion
of the Lighting Efficiency Project. The projections are based on a comparison of energy use for
existing fixtures and proposed new fixtures.
Projected Energy Savings
Location Fixt
Qty Fixture Type Watt/Hr
Before
Watt/Hr
After
Watt/Hr
Removed
kW
Removed
Hours/
Year
kWh
Removed
annually
Energy
Savings
Lobby 19 New Lights 285 144 141 2.68 2800 7501 $525
Lobby 5 New Lay-ins 285 144 141 0.71 2800 1974 $138
Swiftel Seating 34 Remove 458 0 458 15.57 1000 15572 $1,090
Swiftel Seating 22 New High-bays 0 223 -223 -4.91 1000 -4906 ($343)
Holding Barn 60 High-bays 458 286 172 10.32 1650 17,028 $1,192
Blue Ice Rink 22 Seating High-bays 285 144 141 3.1 2000 6204 $434
Blue Ice Rink 48 Ice High-bays 458 286 172 8.26 2000 16512 $1,156
Red Ice Rink 26 Seating High-bays 285 144 141 3.67 2300 8432 $590
Red Ice Rink 48 Ice High-bays 458 286 172 8.26 2300 18989 $1,329
Gym 20 New High-bays 458 223 235 4.7 2000 9400 $658
TOTAL 52.36 96,706 $6,769
Desired outcomes of the EECBG Program and the Lighting Efficiency Project are:
• Increased energy efficiency, reduced energy consumption and reduced energy costs
through efficiency improvements in the buildings.
• Improve foot candle of lighting at each of the facilities while becoming more energy
efficient
Summary of Lighting Efficiency Project
Swiftel Lobby Areas $663.00
Swiftel Seating Areas $747.00
Holding Barn $1,192.00
Blue Ice Rink $1,590.00
Red Ice Rink $1,919.00
Park & Rec Gym $658.00
TOTAL SAVINGS/YEAR $6,769.00
RETROFIT INVESTMENT $98,160.00
ESTIMATED LOCAL UTILITY REBATE $19,943.00
NET INVESTMENT $78,160.00
SIMPLE PAYBACK 11.55 Years
ROI – TOTAL SAVINGS (ONE YEAR) 8.66%
ROI - TOTAL SAVINGS (FIVE YEARS) 43.3%
City Council Packet
December 15, 2009
29
CONSENT AGENDA #4
C. Action on Volunteer Board, Committee, and Commission
Appointments.
Mayor Tim Reed has submitted the following appointment recommendations for City
Council advice and consent.
Board of Adjustment
New Appointment Jason Hoffelt (2nd Alternate)
Reappoint Dick Peterson
Brookings Committee for People who have Disabilities
Reappoint Dona Kornbaum
Brookings Transportation Board
Reappoint Dean Kattelmann (SDSU Admin representative)
Reappoint Robb Rasmussen (Downtown Brookings, Inc. representative)
Reappoint Mike Forgy (East Central Mental Health representative)
Reappoint Dr. Roger DeGroot (Brookings Schools representative)
Historic Preservation Commission
Reappoint Mary Bibby
Human Rights Committee
Reappoint Joel (Jay) Vargas
Reappoint Penny Hauffe
Library Board
Reappoint Mac Harris
Swiftel Center Committee
Reappoint Rod Schaefer (City Appointment)
Reappoint Deb Garbers (Chamber Appointment)
Traffic Safety Committee
Reappoint Daryl Englund (Jogger/Bicyclist representative)
Reappoint Brad Whaley (Street Superintendent representative)\
Reappoint Louis Skubic (Senior Citizens representative)
Reappoint Skip Webster (Automobile Insurance representative)
Visitor Promotions Committee
Reappoint Tom Jones (at-large)
Reappoint Amy Einspahr (at-large)
Reappoint Zeno Wicks (SDSU representative)
Reappoint Victoria Blatchford (Chamber representative)
City Council Packet
December 15, 2009
30
CONSENT AGENDA #4
D. Action on Resolution No. 130-09, declaring three police vehicles
as surplus property.
Action on the Resolution No. 130-09 will declare the following three police vehicles as
surplus property: 2005 Dodge Durango, 2006 Ford Crown Victoria and a 2007 Ford
Crown Victoria. All of these vehicles have reached their 100,000 mile mark and were
replaced or are ready to be replaced.
Resolution No. 130-09
Declaring Surplus Property
Whereas, the City of Brookings is the owner of the following described equipment
formerly used at the City of Brookings Police Department:
One (1) 2005Dodge Durango Police Vehicle, Vin Number 1B4HS38N12F156172
One (1) 2006 Ford Crown Victoria Police Vehicle, Vin Number 2FAFP71W06X155035
One (1) 2007 Ford Crown Victoria Police Vehicle, Vin Number 2FAFP71W17X157457
Whereas in the best financial interest, it is the desire of the City of Brookings to sell
same as surplus property;
Whereas, the City Manager hereby authorized to sell said surplus property.
Now, Therefore, Be It Resolved by the governing body of the City of Brookings, South
Dakota, that this property be declared surplus property according to SDCL Chapter 6-
13. The Dodge Durango and Ford Crown Victoria police vehicles have been replaced
by two new Ford Crown Victoria police cars.
Passed and approved this 15th day of December, 2009.
CITY OF BROOKINGS
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
City Council Packet
December 15, 2009
31
CONSENT AGENDA #4
E. Action on Resolution No. 131-09, authorizing the City Manager to
sign an Operating Agreement renewal for Jim’s Tap, 309 Main
Avenue.
The City of Brookings enters into operating agreements for a ten-year period with a
renewal at 5 years. The Operating Agreement for Jim’s Tap, located at 309 Main Ave.,
is up for renewal. Resolution No. 131-09 would allow the City Manager to enter into
the remaining five years of the agreement.
Resolution No. 131-09
Jim’s Tap Operating Agreement Renewal
BE IT RESOLVED by the City of Brookings, South Dakota, that the City Council hereby
approves a Lease Renewal Agreement for the Operating Liquor Management
Agreement between the City of Brookings and Jim’s Tap for the purpose of a liquor
manager to operate the on-sale establishment or business for and on behalf of the City
of Brookings at 309 Main Ave., also known as Jim’s Tap.
BE IT FURTHER RESOLVED that the City Manager be authorized to execute the
Agreement on behalf of the City, which shall be for a period of five (5) years.
Passed and approved this 15th day of December, 2009.
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City Council Packet
December 15, 2009
32
CONSENT AGENDA #4
F. Action on Resolution No. 132-09, a Resolution authorizing loan of
private funds for Larson Ice Center Exterior Improvement
Project.
The Larson Ice Center exterior improvements are being funded by a combination of city funds
and private donation. Private funds cover the portion of the project which includes canopies,
signage, painting, lighting, etc. The city portion covers parking lot improvements, sidewalks,
curb & gutter, etc. Bids were taken in two parts so accurate costs could be assigned to each
portion.
The City has an agreement with the private donor to borrow an amount equal to the city cost,
paying it back in 2012 after the Aquatic Center loan is repaid in 2011, in one lump sum payment.
The amount of the loan is $148,123.00. The city has already received the private donation in
the amount of $326,010.00.
Resolution No. 132-09
Resolution Authorizing the Issuance of Promissory Note for Larson Ice Center Exterior Project
Whereas, a municipality is authorized to borrow money from any source willing to lend the
money by issuing a promissory note under South Dakota Codified Laws (SDCL) §§ 9-25-13 to
SDCL 9-25-16, inclusive, and
Whereas, the City of Brookings is completing the construction of the Larson Ice Center
Exterior Project, and has received a commitment from Dale Larson, of Brookings, to loan the
City of Brookings funds for the construction costs for the Larson Ice Center Exterior Project,
and
Whereas, the City desires to borrow the sum of $148,123 Dollars from Dale Larson pursuant
to a Promissory Note issued in conformity with SDCL §§ 9-25-13 to 9-25-16,
Now Therefore Be It Resolved by the City of Brookings as follows:
1. The City hereby determines it will finance $148,123 Dollars of the cost of such
improvements in accordance with a Promissory Note issued to Dale Larson in
conformity with SDCL §§ 9-25-13 to 9-25-16. The Promissory Note is also issued
in conformity with and under the authority of SDCL Chapter 6-8B.
2. The City Manager and City Clerk are hereby authorized to execute the loan
documents on behalf of the City.
Dated this 15th day of December, 2009.
CITY OF BROOKINGS
ATTEST: Tim Reed, Mayor
Shari L. Thornes, City Clerk
City Council Packet
December 15, 2009
33
INSTALLMENT PROMISSORY NOTE
______________________________________________
LOAN AMOUNT: $148,123.00 EFFECTIVE DATE: December 16, 2009
MATURITY DATE: February 16, 2012
BORROWER'S NAME AND ADDRESS: LENDER’S NAME AND ADDRESS:
City of Brookings
P.O. Box 270
Brookings, SD 57006
O. Dale Larson
2333 Eastbrook Drive
Brookings, SD 57006
For value received, the City of Brookings, South Dakota promises to pay Lender at the address
set forth above, the principal sum of One Hundred Forty-eight Thousand One Hundred Twenty-three
and 00/100 Dollars ($148,123.00), together with interest thereon on February 16, 2012.
INTEREST: Borrower agrees to pay interest on the outstanding principal balance from
December 16, 2009, at the rate of Five percent (5%) per year until the maturity date. Interest will be
computed annually using the simple interest method.
PAYMENT: The principal sum of $148,123.00, together with accrued interest shall be paid in
full on February 16, 2012.
REMARKS: The purpose of this loan is to finance construction costs of the Larson Ice
Center Exterior Project.
NOTICE: THIS IS AN UNSECURED NOTE.
PREPAYMENT: The City shall be allowed to pre-pay this Note at any time without penalty.
STATUTORY AUTHORIZATION: This note is issued in conformity with the provisions,
restrictions and limitations of SDCL §§ 9-25-13 to 9-25-16, inclusive, and this note is payable from the
sources therein provided.
SIGNATURES: The Borrower and Lender each agree to the terms of this Note (including the
additional terms on the back of this Note).
City of Brookings, South Dakota O. Dale Larson
BORROWER LENDER
By: ___________________________________ By:
Jeffrey W. Weldon, City Manager O. Dale Larson
Attest:
___________________________________
Shari Thornes, City Clerk
City Council Packet
December 15, 2009
34
1. Unsecured Note: This is an unsecured, interest bearing Promissory Note, which is not secured by a
mortgage upon real property.
2. Applicable Law: This Note is executed pursuant to and shall be construed in accordance with the
laws of the State of South Dakota, and shall be enforceable in any court of competent jurisdiction.
3. Late Payment: Borrower shall have a grace period of twenty (20) days for the payment of any
payment of principal and interest. In the event Borrower shall fail to make any payment when due
and shall fail to cure such payment within twenty (20) days following the due date thereof, the
Lender shall have the right to call the entire balance under this Note due and payable. All payments
not timely made shall bear interest at a rate of twelve (12%) percent per annum from twenty (20)
days following the due date until fully paid.
4. Default: For the purposes of this provision, the occurrence of any of the following events shall
constitute a default hereunder:
(a) A failure by Borrower to pay any principal or interest when due under this instrument.
In the event that a default shall occur, as above described, and shall not be cured by
Borrower, the Lender shall thereupon have the right to declare the entire unpaid principal
amount to be immediately due and payable in full. Borrower waives notice of the
occurrence of any default, and further waives demand, protest, notice of dishonor and
notice of protest and notices of any and all action at any time taken or omitted by the
holder of this Note. Borrower agrees that no course of dealing or delay or omission or
forbearance on the part of the holder of this Note in exercising or enforcing any of its
rights or remedies hereunder shall impair or prejudice the holder of this Note in the
enforcement of the rights and remedies of the Lender.
City Council Packet
December 15, 2009
35
CONSENT AGENDA #4
G. Action on Resolution No. 133-09, a resolution removing
Uncollectible Accounts Receivable from the Records.
Action to approve Resolution No. 133-09 will authorize write-off of two landfill
accounts which are uncollectible.
Resolution No. 133-09
Uncollectible Accounts Receivable Removed From Records
Whereas, The Brookings Municipal Landfill had a total of $409.15 in uncollectible landfill
charges in 2009: $387.00 – VeraSun (filed bankruptcy) $22.15 – Larkin Construction
(deceased); and
Whereas, efforts to collect and recover from customers was unsuccessful;
Now Therefore, Be It Resolved the amount of $409.15 in landfill charges be determined
as uncollectible and removed from the records.
Passed and approved this 15th day of December 2009.
CITY OF BROOKINGS
___________________________
Tim Reed, Mayor
ATTEST:
____________________
Shari Thornes, City Clerk
City Council Packet
December 15, 2009
36
CONSENT AGENDA #4
H. Action on Resolution No. 134-09, A Resolution Fixing Time and
Place for Hearing upon Assessment Roll for Street Assessment
Project 2009-04STA (Alley from 11th Avenue to 12th Avenue
between 1st Street and 2nd Street).
The Brookings City Council approved Resolution of Necessity No. 50-09 on May 26,
2009, authorizing the City to proceed with bidding for an alley assessment project. This
project consists of an east/west alley located from 11th Avenue to 12th Avenue between
1st Street and 2nd Street. This project is an assessment project with all of the project
costs being assessed to the abutting property owners.
This project has been closed out and is going through the assessment process. This
resolution will set the public hearing date for the alley repair project, which will be
January 12, 2010. Resolution 50-09 included the estimated front foot cost of $38.00 as
well as stipulating that the assessment can be paid over a five year period at 10%
interest. The actual assessed front foot cost for this alley is $36.59 which is the actual
construction costs plus the 6% engineering and administration fee. This fee was slightly
lower than the estimated amount because the bid costs were lower than estimated.
The engineering office will advertise and mail a hearing notice and the actual cost of alley
repairs by receipt first class mail to each owner on the project as required by State law.
There will be one final resolution to levy the alley assessment after the hearing.
City Council Packet
December 15, 2009
37
Resolution No. 134-09
Resolution Fixing Time and Place for Hearing Upon Assessment Roll for Street Assessment
Project No. 2009-04STA
(Alley from 11th Avenue to 12th Avenue between 1st Street and 2nd Street)
Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows:
1. The assessment roll for Street Assessment Project No. 2009-04STA having been filed
in the office of the City Clerk on the 9th day of December, 2009, the City Council shall meet in
the Council Chambers, City Hall, in said City on Tuesday, the 12th day of January, 2010 at 6:00
o'clock PM, the said date being not less than twenty (20) days from the filing of said assessment
roll for hearing thereon.
2. The City Engineer is authorized and directed to prepare a notice describing, in
general terms Street Assessment Project No. 2009-04STA, the date of filing the assessment
roll, the time and place of hearing thereon, stating that the assessment roll will be open for
public inspection at the office of the City Engineer and referring to the assessment roll for
further particulars.
3. The City Clerk is authorized and directed to publish said notice in the official
newspaper at least one (1) week prior to the date set for hearing and to mail a copy thereof, by
first class mail addressed to the owner or owners of any property to be assessed at his, her or
their last mailing address as shown by the records of the Director of Equalization at least one
(1) week prior to the date set for said hearing.
Passed and approved this 15th day of December, 2009.
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City Council Packet
December 15, 2009
38
CONSENT AGENDA #4
I. Action on Resolution No. 135-09, a Resolution Directing
Preparation of Assessment Roll, Dividing Assessments into
Installments, and Providing for the Collection Thereof for Street
Assessment Project 2008-02STA (15th Street South, Christine
Avenue and Camelot Drive water, sewer, grading and curb &
gutter).
The Brookings City Council approved Resolution of Necessity No. 32-07 on May 8,
2007, authorizing the City to proceed with bidding for this Street Assessment Project.
This project included construction of water main, sanitary sewer main, storm sewer,
grading, gravel and curb and gutter for 15th Street South, approximately 700’ east of
Medary, Christine Avenue from 15th Street South to the north approximately 300’ and
Camelot Drive from 15th Street South to the north approximately 900’. These streets
are located adjacent to the new Camelot Intermediate School site. This project is an
assessment project with most of the project costs being assessed to the abutting
property owners. The City will pay for the extra width and thickness costs for 15th
Street South, as well as frontage along the west side of Camelot Drive adjacent to the
City park. This project was bid as 2008-02STA because the project began in 2008.
This project was delayed due to wetland issues and it has been closed out and is ready
for the assessment process. This resolution will direct staff to prepare the assessment
roll for this project. There will be two following resolutions, which will set the hearing
date, and to hold the public hearing to levy the assessment.
City Council Packet
December 15, 2009
39
Resolution No. 135-09
Resolution Directing Preparation of Assessment Roll, Dividing Assessments Into Installments,
and Providing for the Collection Thereof for Street Assessment Project 2008-02STA (15th Street South,
Christine Avenue, and Camelot Drive Utility, Grading and Curb & Gutter Project).
Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows:
1. More than twenty days have elapsed since the adoption and publication of Resolution of
Necessity No. 32-07 for Street Assessment Project No. 2008-02STA. The referendum has not been
invoked, and no written protests against the making of said improvement have been filed with the City
Manager.
2. A contract for Street Assessment Project No. 2008-02STA has been duly executed, and the
City Council is authorized to levy special assessments pursuant to the provisions of chapter 9-43, SDCL
1967, as amended.
3. The City Engineer has caused an estimate of the expense of the work to be made and filed in
her office showing the total cost of said improvement as follows:
Contract price $501,274.61
Engineering, inspection, fiscal,
legal expense, publication $ 29,481.85
Total Expense $530,756.46
4. The total cost of said improvement shall be paid as follows:
Assessable costs: $491,364.28
City Assumed Extra Width and Thickness and Paving (15th St. S.): $9,910.33
5. There shall be made and filed in the office of the City Clerk an assessment roll for said
improvement. The assessments shall be on the basis of benefits upon each lot or tract of land
contiguous to the sidewalk constituting said improvement.
6. The assessment shall be divided into ten (10) equal annual installments.
7. Unless paid to the City in advance of maturity, the assessments shall be collected by the City
Manager in accordance with the procedure for Plan One in Chapter 9-43, SDCL 1967, as amended.
8. The interest rate to be borne by the unpaid installments of the special assessment is ten
percent (10%).
Passed and approved this 15th day of December, 2009.
CITY OF BROOKINGS
___________________________________
Tim Reed, Mayor
ATTEST:
_____________________________________
Shari Thornes, City Clerk
City Council Packet
December 15, 2009
40
CONSENT AGENDA #4
J. Action on Resolution No. 136-09, A Resolution Directing
Preparation of Assessment Roll, Dividing Assessments into
Installments, and Providing for the Collection Thereof for Street
Assessment Project 2009-02STA (15th Street South, Christine
Avenue and Camelot Drive asphalt paving).
This project is a street assessment project that entails minor gravel shaping and asphalt
paving for 15th Street South, approximately 700’ east of Medary, Christine Avenue from
15th Street South to the north approximately 300’ and Camelot Drive from 15th Street
South to the North approximately 900’. These streets are located adjacent to the new
Camelot Intermediate School site. The City Council approved Resolution No. 27-09 on
April 7, 2009, which authorized the City to proceed with the assessment project. The
majority of the project costs will be assessed and the City will also pay for the extra
width and thickness costs for 15th Street South, as well as an assessment cost for City
frontage abutting City park on the west side of Camelot Drive.
This project has been closed out and is ready for the assessment process. This
resolution will direct staff to prepare the assessment roll for this project. There will be
two following resolutions, which will set the hearing date, and to hold the public hearing
to levy the assessment.
City Council Packet
December 15, 2009
41
Resolution No. 136-09
Resolution Directing Preparation of Assessment Roll, Dividing Assessments into Installments,
and Providing for the Collection Thereof for Street Assessment Project 2009-02STA (15th Street South,
Christine Avenue and Camelot Drive Asphalt Paving Project).
Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows:
1. More than twenty days have elapsed since the adoption and publication of Resolution of
Necessity No. 27-09 for Street Assessment Project No. 2009-02STA. The referendum has not been
invoked, and no written protests against the making of said improvement have been filed with the City
Manager.
2. A contract for Street Assessment Project No. 2009-02STA has been duly executed, and the
City Council is authorized to levy special assessments pursuant to the provisions of chapter 9-43, SDCL
1967, as amended.
3. The City Engineer has caused an estimate of the expense of the work to be made and filed in
her office showing the total cost of said improvement as follows:
Contract price $171,563.16
Engineering, inspection, fiscal,
legal expense, publication $ 7,906.24
Total Expense $179,469.40
4. The total cost of said improvement shall be paid as follows:
Assessable costs: $131,770.61
City Assumed Extra Width and Thickness and Paving (15th St. S.): $39,792.55
5. There shall be made and filed in the office of the City Clerk an assessment roll for said
improvement. The assessments shall be on the basis of benefits upon each lot or tract of land
contiguous to the sidewalk constituting said improvement.
6. The assessment shall be divided into ten (10) equal annual installments.
7. Unless paid to the City in advance of maturity, the assessments shall be collected by the City
Manager in accordance with the procedure for Plan One in Chapter 9-43, SDCL 1967, as amended.
8. The interest rate to be borne by the unpaid installments of the special assessment is ten
percent (10%).
Passed and approved this 15th day of December, 2009.
CITY OF BROOKINGS
___________________________________
Tim Reed, Mayor
ATTEST:
_____________________________________
Shari Thornes, City Clerk
City Council Packet
December 15, 2009
42
Contract Awards/Change Orders:
5. Action on Resolution No. 137-09, a Resolution awarding Bids for
Landfill Compactor.
Action on Resolution No. 137-09, will award the contract to Al-Jon Manufacturing for
$462,537.00 plus trade-in of the City’s existing Al-Jon Landfill Compactor. A
replacement of a Landfill Compactor is in the 2010 Budget.
Three bids were received from all of the major landfill compactor manufacturers.
The bid was set up with two options – Option #1 was outright purchase with a
guaranteed repurchase price in five years. Option #2 was the same but with a trade-in
of our existing Al-Jon Compactor.
The City of Watertown recently received bids for their Compactor but just did the
outright purchase option. They are currently trying to negotiate between Al-Jon with
their guaranteed buy back ($80,000) and a landfill used equipment dealer for a higher
price. In this economy, staff fees it is preferable to take the $90,000 trade-in.
Al-Jon also submitted a voluntary alternate bid with different wheel cleats. The
alternate bid is cheaper but the wheels that we specified are the same our current
machine and have performed very well. Therefore, even though it is cheaper and staff
doesn’t recommend accepting their alternate bid because of the non-specified wheels.
City Manager Introduction
ACTION: Motion to approve, Request Public Comment, Roll Call
CITY MANAGER RECOMMENDATION - Approve
City Council Packet
December 15, 2009
43
Resolution No. 137-09
Resolution Awarding Bids
Landfill Compactor
Whereas, the City of Brookings has received the following bid for one (1) 2010 Landfill
Compactor:
AL-JON Manufacturing Base Bid $552,537.00
AL-JON 2005 Compactor Trade-In $90,000.00
Net Price $ 462,537.00
Now Therefore, Be it Resolved that the bid from AL-JON Manufacturing, in the amount of
$462,537.00 plus the trade-in for the above-mentioned 2010 Landfill Compactor be accepted.
Passed and approved this 15th day of December 2009.
CITY OF BROOKINGS
________________________________
Tim Reed, Mayor
ATTEST:
_________________________
Shari Thornes, City Clerk
City Council Packet
December 15, 2009
44
Landfill Compactor Bid Tab
City of Brookings
Landfill Compactor
December 8, 2009
Butler
Equipment Co.
Sioux Falls, SD
AL-Jon Manufacturing
Ottumwa, IA
Sheehan Mack
Sales &
Equipment
Sioux Falls, SD
Bid Bond Bid Bond Bid Bond Bid Bond
OPTION #1 Price of New Compactor $705,772.00 $552,537.00 $559,153.00
Guaranteed Repurchase Price in 5
Years $155,000.00 $135,000.00 $95,000.00
OPTION #2
Price of New Compactor $705,772.00 $552,537.00 No Bid
Guaranteed Repurchase Price in 5
Years $155,000.00 $135,000.00 No Bid
Compactor Trade-In $50,000.00 $90,000.00 No Bid
Net Price $655,772.00 $462,537.00 No Bid
Delivery Date 180-210 days 90-120 days
Alternate Bid -
Different Wheel Cleats
OPTION #1
Price of New Compactor $538,769.00
Guaranteed Repurchase Price in 5
Years $135,000.00
OPTION #2
Price of New Compactor $538,769.00
Guaranteed Repurchase Price in 5
Years $135,000.00
Compactor Trade-In $90,000.00
Net Price $448,769.00
Delivery Date 90-120 days
City Council Packet
December 15, 2009
45
Contract Awards/Change Orders:
6. Action on Resolution No. 138-09, a Resolution awarding bids for
the Fire Department Top Mount Custom Rescue Style Pumper
(E-4 Replacement).
At 1:30 PM on Tuesday, December 1, 2009 the City of Brookings received bids for One (1)
Top Mount Custom Rescue Style Pumper, with a six (6) person full tilt cab, 750 gallon tank,
and 1,500 GPM Pump for the City of Brookings Fire Department. The following four (4)
bids were received:
Manufacturer Base Bid Alternate Total
Fireguard Inc. – Crimson $ 437,779.00 ($ 11,840.00) $ 425,939.00
Sutphen Corp. – M&T Fire & Safety $ 538,758.00 $ 538,758.00
Sutphen Corp. – M&T Fire & Safety Alternate Apparatus $ 443,993.00 $ 443,993.00
Toyne, Inc. $ 430,182.00 $ 430,182.00
Emergency One, Inc. – Ed M. Feld $ 511,050.00 $ 511,050.00
Due to cost increases for a 2010 EPA compliant engine and expected timeline delays a 2007
EPA compliant power plant was specified. The specified Cummins ISL 400 HP engine is no
longer available.
The bid documents stated that $ 1000.00 per day penalty will be enforced for any time after
the manufacturer’s stated completion timeframe.
The low bidder FireGuard Inc. – Crimson has stipulations that are unacceptable in regards
to the engine. Crimson has a statement in their specifications that could increase the cost of
their bid an additional $ 8,000.00 to $ 35,000.00 since the specified engine is unavailable.
There are additional costs for a different 2007 or a 2010 EPA compliant engine. Potential
time delays for the new engine, a potential new cab configuration, and 400 days for
completion that would not start until the new engine and cab configuration design was
completed makes this bid unacceptable. I have attached a copy of their “CONDITIONS
RELATED TO ENGINE AVAILIBILITY”.
After a complete review of all specifications and bids, staff recommends the City accept the
Bid from Toyne, Inc. Toyne, Inc. meets or exceeds the specifications with a 300 day
completion timeframe. Toyne, Inc. has a Cummins ISL 425 HP 2007 EPA compliant engine in
their bid price and has guaranteed the engines availability. A copy of the proposed apparatus
as submitted by Toyne, Inc. is enclosed
City Manager Introduction
ACTION: Motion to approve, Request Public Comment, Roll Call
CITY MANAGER RECOMMENDATION - Approve
City Council Packet
December 15, 2009
46
Resolution No. 138-09
Resolution Awarding Bids on Top Mount Custom Rescue Style Pumper
(E-4 Replacement)
Whereas, the City of Brookings held a bid letting at 1:30 pm on Tuesday, December 1, 2009;
and
Whereas, the City of Brookings has received the following bids for the E-4 Replacement:
Manufacturer Base Bid Alternate Total
Fireguard Inc. $437,779.00 ($11,840.00) $425,939.00
Crimson
Sutphen Corp. $538,758.00 $558,758.00
M&T Fire & Safety
Sutphen Corp. Alternate Apparatus $443,993.00 $443,993.00
M&T Fire & Safety
Toyne, Inc. $430,182.00 $430,182.00
Emergency One, Inc. $511,050.00 $511,040.00
Ed M. Feld
Now Therefore, Be It Resolved that the bid of $430,182.00 of Toyne, Inc., be accepted.
Passed and approved this 15th day of December 2009.
CITY OF BROOKINGS
________________________________
Tim Reed, Mayor
ATTEST:
_________________________
Shari Thornes, City Clerk
City Council Packet
December 15, 2009
47
Fire Dept. Bid Tab
One Top Mount Custom Rescue Style Pumper, with six (6) person full tilt cab, 750 gallon
tank and 1,500 GPM pump.
BIDDER BID
AMOUNT
ALTERNATE TOTAL BID
BOND
CHECK
Fireguard Inc. -
Crimson
$ 437,779.00 ($11,840) $ 425,939.00 X
Sutphen Corp. -
M&T Fire &
Safety
$ 538,758.00 $ 538,758.00 X
Sutphen Corp. -
M&T Fire &
Safety
$ 443,990.00 $ 443,990.00 X
Toyne, Inc. $ 430,182.00 $ 430,182.00 X
Emergency One,
Inc. - Ed M. Feld
$ 511,050.00 $ 511,050.00 X
City Council Packet
December 15, 2009
52
Contract Awards/Change Orders:
7. Action on Resolution No. 123-09, a Resolution authorizing Final
Change Order on Chip Seal Project.
This project is the chip seal project for the 2009 Project Area, which is located between
6th Street and 8th Street South, and east of Medary Avenue. This is an annual project,
where the contractor places applies oil and city-furnished pea rock chips to the streets.
The City then sweeps up the excess chips a few days afterward, which are placed in a
stockpile. This year, we utilized pea rock for the chip seal as opposed to the quartzite
chips that we had used in the past. This was a substantial cost savings since the cost of
quartzite has risen considerably, which allowed the City to chip seal more streets for
the same dollar amount. This project is complete and is ready to be closed out. The
final project cost was $187,800.00, which was a decrease of $17,042.54 to the contract,
which was due to using slightly fewer tons of oil than the plan quantities. The summary
is as follows:
Original Contract Price: $187,800.00
Change from Previously Approved Change Orders: $0.00
Contract Price Prior to this Change Order: $187,800.00
Decrease of this Change Order (No. 1 Final): $17,042.54
Contract Price incorporating this Change Order: $170,757.46
This resolution will approve Change Order No. 1 (CCO #1 Final) for a decrease of
$17,042.54 to the contract amount and it will close out the project. The project was
completed by the completion date and no adjustment to the contract time is needed.
City Manager Introduction
ACTION: Motion to approve, Request Public Comment, Roll Call
CITY MANAGER RECOMMENDATION – Approve
City Council Packet
December 15, 2009
53
Resolution No. 123-09
A Resolution Authorizing Final Change Order (CCO#1 Final) For
2009-06STI Chip Seal Project
Topkote, Inc.
Be It Resolved by the City Council that the following change order be allowed for 2009-06STI
Chip Seal Project:
Construction Change Order Number 1 Final
Adjust estimated bid quantities to “as build” quantities for a total decrease of
$17,042.54 to close out the project.
Passed and approved this 15th day of December, 2009.
CITY OF BROOKINGS
_________________________
Tim Reed, Mayor
ATTEST:
____________________________
Shari Thornes, City Clerk
City Council Packet
December 15, 2009
54
Contract Awards/Change Orders:
8. Action on Resolution No. 139-09, a Resolution authorizing Final
Change Order on 2008-03STA Downtown Streetscape Project,
Winter Brothers Underground, Inc.
The 2008-03STI Downtown Streetscape Project entails construction work on Main
Avenue from 6th Street to Front Street, which includes new water and sanitary sewer
mains and services, new sidewalk, light poles, trees, curb & gutter, pavement and other
streetscape amenities.
We are very near the close-out of this project and there were several changes that
were required during the construction of this project that are being incorporated into
this change order. After extensive discussion, the City chose to omit the concrete
sloped curb, which was designed as an additional curb piece around the radii of the
bumpouts. The sloped curb would have reduced the size of the planting area and we
felt it did not offer a great benefit to the bumpout design, and removing the curb
resulted in a substantial savings to the project. The bumpouts did require extra soil in
the tree areas, which was an increase to the project. There were two business repairs
that were required, which was a drainage pad adjacent to the Ram Pub downstairs
stairway and reconstruction of the step at the front door of Mix Dry Cleaning. The
change order also includes a decrease for the difference between all bid quantities and
actual final measured quantities. The City also was presented with three deduct offers
from Winter Brothers Underground for the following: areas of tan sidewalk that had a
blemished concrete surface finish, some of the concrete radial joint patterns had
blemishes and joints that were not in the correct location, and for areas of tan sidewalk
that had chipped and these deducts were acceptable to the City and the consultants.
Please note that the current contract price including this change order is lower than the
original bid. This change order does not adjust the final completion date, which still
stands as October 30, 2008.
These items are summarized as follows:
Omit Concrete Sloped Curb: Decrease of $78,480.00
Add Supplemental Planting Soil in bumpouts: Increase of $1,100.00
Add Mix Dry Cleaning Entry Stairs: Increase of $1,668.00
Add Ram Pub Concrete Drainage Pad: Increase of $768.00
Adjustment for actual measured quantities: Decrease of $27,645.75
Acceptance of Non-conforming Work:
Deduct for concrete surface finish: Decrease of $4,607.00
Deduct for Concrete Radial Joint Pattern: Decrease of $7,500.00
Deduct for Chipped Concrete Walkway: Decrease of $3,000.00
Total Change Order Number 10: Decrease of $117,696.75
City Council Packet
December 15, 2009
55
Original Contract Price: $3,687,292.50
Decrease from previously approved Change Orders 1-9: $114,096.80
Contract price prior to this Change Order: $3,546,612.50
Decrease of this Change Order $117,696.75
Contract Price incorporating this Change Order: $3,561,010.70
This change order is not the final change order to close out the project. The last item
for consideration is a price deduct for the unacceptable color of the concrete walkway
(tan), which will be on CCO #11, Final. This resolution will be presented to the council
at a future meeting.
There is no time extension granted with this change order. This resolution will approve
Change Order No. 10 for a decrease of $117,696.75 to the contract.
City Manager Introduction
ACTION: Motion to approve, Request Public Comment, Roll Call
CITY MANAGER RECOMMENDATION - Approve
City Council Packet
December 15, 2009
56
Resolution No. 139-09
A Resolution Authorizing Change Order #10 (CCO#10) For
2008-03STI Downtown Streetscape Project
Winter Brothers Underground, Inc., Sioux Falls, South Dakota
Be It Resolved by the City Council that the following change order be allowed for 2008-
03SSI, Downtown Streetscape Project:
Construction Change Order Number 10:
Omit Concrete Sloped Curb: Decrease of $78,480.00
Add Supplemental Planting Soil in bumpouts: Increase of $1,100.00
Add Mix Dry Cleaning Entry Stairs: Increase of $1,668.00
Add Ram Pub Concrete Drainage Pad: Increase of $768.00
Adjustment for actual measured quantities: Decrease of $27,645.75
Acceptance of Non-conforming Work:
Deduct for concrete surface finish: Decrease of $4,607.00
Deduct for Concrete Radial Joint Pattern: Decrease of $7,500.00
Deduct for Chipped Concrete Walkway: Decrease of $3,000.00
Total Change Order Number 10: Decrease of $117,696.75
Passed and approved this 15th day of December 2009.
CITY OF BROOKINGS
_________________________
Tim Reed, Mayor
ATTEST:
____________________________
Shari Thornes, City Clerk
City Council Packet
December 15, 2009
57
Contract Awards/Change Orders:
9. Action on Resolution No. 140-09, a Resolution authorizing Final
Change Order on 2009-03STI Willow Springs Circle Street
Improvement Project.
This project entails the construction of a new cul-de-sac called Willow Springs Circle which is
located on 15th Street South, approximately 600’ East 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.
The work has been completed and the project can be closed out. This change order will add
the cost of 8” P.C.C. Fillets and Valley gutter of $1,772.37 to the project and adjust the bid
quantities to final as-built quantities for a total decrease of 2,230.00 to the contract to close out
the project. The fillet and valley gutter items were not included in the project by mistake but
were necessary for the intersection construction. Even with the additional cost of the fillets and
valley gutter, the project was under bid mainly due to fewer tons of borrow material needed to
grade the lots.
The substantial completion date for this project was November 1, 2009 with $300.00 of
liquidated damages. However, this project was completed on November 3, 2009 (two days late)
due to rains causing delay in the construction of the retaining wall structure. It is recommended
that one extra day be authorized by this change order, and the contractor be charged one day
of liquidated damages of $300.00 because it would have been possible for the contractor to
complete the work on time.
The total change order is as follows:
Original Contract Price: $196,722.05
Change from Previously Approved Change Orders : $0.00
Contract Price Prior to this Change Order: $196,722.05
Decrease of this Change Order (No. 1 Final): $2,230.00
Contract Price incorporating this Change Order: $194,492.05
This resolution will approve Change Order No. 1 (CCO #1 Final) for a decrease of $2,230.00
to the contract amount and it will adjust the completion date to November 2, 2009. The
contractor will be charged one day of liquidated damages in the amount of $300.00.
City Manager recommendation: The retaining wall work was delayed by the rains, however I feel
it could have been completed on time. Therefore, I recommend charging one day of liquidated
damages of $300.00.
City Manager Introduction
ACTION: Motion to approve, Request Public Comment, Roll Call
CITY MANAGER RECOMMENDATION - Approve
City Council Packet
December 15, 2009
58
Resolution No. 140-09
A Resolution Authorizing Final Change Order (CCO#1 Final) for
2009-03STI Willow Springs Circle Street Improvement Project
Bowes Construction Inc., Brookings, SD
Be It Resolved by the City Council that the following change order be allowed for 2009-03STI
Willow Springs Circle Street Improvement Project:
Construction Change Order Number 1 Final:
Add 8” PCC Valley Gutter and Fillet for an increase of $1,772.37 to the contract.
Adjust estimated bid quantities to actual “as build” quantities for a total decrease of
$2,230.00.
Adjust contract completion date to November 2, 2009 and charge the contractor one
day of liquidated damages for November 3, 2009 in the amount of $300.00.
Passed and approved this 15th day of December, 2009.
CITY OF BROOKINGS
_________________________
Tim Reed, Mayor
ATTEST:
____________________________
Shari Thornes, City Clerk
City Council Packet
December 15, 2009
59
Presentations/Reports/Special Requests
10. 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.
11. SDSU Student Senate Report.
President – Matt Tollefson
Vice-President – Michael Kendall
Administrative Assistant – Brandon Bausch
Finance Chair – Ashley Dumke
State & Local Chair – Catherine Grandorff
http://studentorgs.sdstate.org/studentsassociation/Default.htm
City Council Packet
December 15, 2009
60
First Reading **
12. Ordinance No. 33-09: An ordinance pertaining to an application
for a Conditional Use for a major home occupation (manual press
operation) within the City of Brookings at the South 100 feet of
Lots 13 and 14, Block 5, Parkdale Home Addition.
Public Hearing: January 12th
**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.
Proposal: Establish a major home occupation in a medium-density residential district
Background: Major home occupations must comply with 14 criteria listed in the zoning
ordinance. This list is in your packet. It is important to compare this list to the
information provided by the applicant.
Specifics: The house on this lot has two dwelling units. There is a basement unit and a
main/2nd floor unit where the home occupation would be located.
This home and several other adjacent homes on this block are owned by the same
party. Therefore, a parking area was established northwest of the applicant’s residence
that is used jointly by this house and other abutting residences.
The applicant has submitted a letter and photo regarding the home occupation. A
manual press is a machine that imprints a design or graphic on a T-shirt or other fabric.
Some machines can also imprint mugs, plates, puzzles, etc. It will be important to
determine what the current and future business plan is from the applicant.
The off-site parking area is a legal but unusual aspect of this request. The owner of this
property owns all the homes on the south half of the block. Therefore, a joint parking
lot was established behind the houses.
In addition to any conditions that are warranted based on testimony at the meeting, staff
would recommend approval only to the applicants and only for as long as the parking
area is accessible by the applicants.
Recommendation: The Planning Commission voted 6 yes and 0 no to recommend
approval of this Conditional Use with the conditions listed in the ordinance.
City Council Packet
December 15, 2009
61
Ordinance No. 33-09
An ordinance pertaining to an application for a Conditional Use for a major home occupation
(manual press operation) within the City of Brookings:
Be it ordained by the governing body of the City of Brookings, South Dakota:
Section 1. That the said Conditional Use shall be approved for a Major Home Occupation
(manual press operation) on the south 100 feet of Lots 13 and 14, Block 5, Parkdale Home
Addition with the following conditions:
1. The parking area shown on the site plan shall be accessible at all times
2. The Conditional Use shall be granted only to the applicant
3. A non-resident shall not be employed in the home occupation
4. No retail customer traffic shall be generated on-site
Section 2. All sections and ordinances in conflict herewith are hereby repealed.
First Reading: December 15, 2009
Second Reading: January
Published: January
CITY OF BROOKINGS
________________________________
Tim Reed, Mayor
ATTEST:
___________________________
Shari Thornes, City Clerk
City Council Packet
December 15, 2009
62
Planning Commission
Brookings, South Dakota
December 1, 2009
OFFICIAL MINUTES
Chairperson Dave Kurtz called the regular meeting of the City Planning Commission to
order on December 1, 2009 at 7:00 PM in the Council Chamber at City Hall. Members present
were Wayne Avery, Greg Fargen, Larry Fjeldos, Alan Gregg, Al Heuton, and Kurtz. Mike
Cameron and John Gustafson were absent. Also present were Jen Connors, Albert Veen, Cliff
Kurtz, Ann Lamer, City Engineer Jackie Lanning, Community Development Director Mike
Struck, Planning and Zoning Administrator Dan Hanson, and others.
Item #4 – Jen Conners has submitted an application for a Conditional Use to establish a major
home occupation (manual press operation) on the south 100 feet of Lots 13 and 14, Block 5,
Parkdale Home Addition
(Fjeldos/Fargen) Motion to approve.
(Fargen/Avery) Amendment to the motion to add the following conditions:
1. The parking area shown on the site plan shall be accessible at all times.
2. The Conditional Use shall be granted only to the applicant.
3. A non-resident shall not be employed in the home occupation
4. No retail customer traffic shall be generated on-site.
All present voted aye. AMENDMENT CARRIED.
The motion, as amended, was voted on. All present voted aye. MOTION CARRIED.
SUMMARY OF DISCUSSION
Item #4 – Hanson stated that the neighborhood was in a medium-density zoning district. The
house contained two units, and the home occupation would be on the main floor. A parking
area had been established on an adjacent lot, and it served several houses.
Jen Connors stated that the operation involved a silk screen press that transferred a
design onto a T-shirt. No heat was involved in the process.
Albert Veen, a neighbor, was concerned about traffic since parking on the street was
limited to one side. He felt UPS deliveries would impact the adjacent house due to the
proximity of the driveway leading to the parking area.
Heuton asked what materials were used in the process. Connors responded that she
used a water-based plastisol ink. Connors added that any UPS delivery trucks would park in the
City Council Packet
December 15, 2009
63
street and not use the driveway next to the neighbor’s house. Heuton asked if any employees
lived off-site. Connors replied no. Fargen asked how the product would be distributed.
Connors answered that she delivered them with her personal vehicle. Kurtz inquired about
inventory. Connors responded that about 20 shirts would be the maximum amount on hand.
Heuton felt the home occupation would not have a adverse impact on the
neighborhood based on the testimony but favored conditions prior to approval.
City Council Packet
December 15, 2009
71
First Reading **
13. Ordinance No. 34-09: An Ordinance to Change the Zoning
Within the City of Brookings at Lot 18, Block 1, Nelson Second
Addition be and the same is hereby rezoned and reclassified from
a Residence RMH District to a Residence R-1A District.
Public Hearing: January 12th
**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: Cliff Kurtz
Proposal: Downzone a lot from medium to low-density residential
Background: The area along the east side of Medary Avenue South was originally one
large lot. In 1999, the land was rezoned from R-1A to RMH and subsequently, replatted
into 18 lots.
Land to the north is developed with single-family homes and is in the RMH District.
Land to the south and east is undeveloped and zoned Ag. This land is part of a drainage
channel and will likely remain vacant.
Specifics: This lot is 1.9 acres in size. It contains a small house that was built in 1999 and
a larger house that was built in 2000. Prior to our current platting requirements, the
small house was dedicated to the north 90 feet of the west 110 feet of Lot 18. This
created a 9,900 square foot lot. This “lot” would become nonconforming if rezoned to
an R-1A District. The rezoning can still be considered, but the options would be to only
rezone the large portion of Lot 18, rezone all of Lot 18, or deny the rezoning.
Any decision should take into account the compatibility of this rezoning to adjacent
zoning and future land uses.
Recommendation: The Planning Commission voted 5 yes and 0 no, with one abstention,
to recommend approval of the rezoning.
City Council Packet
December 15, 2009
72
Ordinance No. 34-09
An Ordinance to Change the Zoning Within the City of Brookings
Be it ordained by the governing body of the City of Brookings, South Dakota,
Section 1. That the real estate situated in the City of Brookings, County of Brookings, State of
South Dakota, described as follows:
Lot 18, Block 1, Nelson Second Addition
be and the same is hereby rezoned and reclassified from a Residence RMH District to a
Residence R-1A District.
In accordance with Section 94.7 of Article I of Ordinance 25-02 of the Code of Ordinances of
Brookings, South Dakota, as said districts are more fully set forth and described in Articles III
and IV of Ordinance No. 25-02 of the City of Brookings, South Dakota.
Section 2. The permitted use of the property heretofore described be and the same is hereby
altered and changed in accordance herewith pursuant to said Ordinance No. 25-02 of the City
of Brookings, South Dakota.
Section 3. All sections and ordinances in conflict herewith are hereby repealed.
First Reading: December 15, 2009
Second Reading & Adoption:
Published:
CITY OF BROOKINGS
______________________________
Tim Reed, Mayor
ATTEST:
_________________________
Shari Thornes, City Clerk
City Council Packet
December 15, 2009
73
Planning Commission
Brookings, South Dakota
December 1, 2009
OFFICIAL MINUTES
Chairperson Dave Kurtz called the regular meeting of the City Planning Commission to
order on December 1, 2009 at 7:00 PM in the Council Chamber at City Hall. Members present
were Wayne Avery, Greg Fargen, Larry Fjeldos, Alan Gregg, Al Heuton, and Kurtz. Mike
Cameron and John Gustafson were absent. Also present were Jen Connors, Albert Veen, Cliff
Kurtz, Ann Lamer, City Engineer Jackie Lanning, Community Development Director Mike
Struck, Planning and Zoning Administrator Dan Hanson, and others.
Item #5 – Cliff Kurtz has submitted a petition to rezone Lot 18, Block 1, Nelson Second
Addition from a Residence RMH District to a Residence R-1A District.
(Heuton/Gregg) Motion to approve the rezoning. All present voted aye, except Kurtz
abstained. MOTION CARRIED.
SUMMARY OF DISCUSSION
Item #5 – Cliff Kurtz stated that the rezoning to an R-1A District would allow him to seek
permission in the future for a stable. His ultimate goal was to have a horse on the premises for
riding. Heuton asked about the other structure on the property. Kurtz replied that it was now
used only as an office with a double car garage underneath.
City Council Packet
December 15, 2009
78
Sec. 94-124. RESIDENCE R-1A SINGLE-FAMILY
(a) Intent. This district is intended to provide for areas of residential use with a gross density of
approximately three dwelling units per acre or less. The district permits single-family dwellings
and supportive community facilities such as parks, playgrounds, schools, libraries and churches.
(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 Residence R-1A Single
Family District.
(c) Permitted Uses. Single-family dwelling including accessory uses incidental thereto such as
private garages, parking areas, etc.
(d) Permitted Special Uses. A building or premises may be used for the following purposes in
conformance with the conditions prescribed herein:
1. Church or similar place of worship, which may include a day care facility with such use
confined to within the church worship and educational facility.
a. One of the frontages of the premises shall abut upon an arterial or collector street.
2. Public or parochial school of general instruction.
a. One of the frontages of the premises shall abut upon an arterial or collector street.
3. Public library, museum, park, playground or similar community facility.
a. One of the frontages of the premises shall abut upon an arterial or collector street.
4. Governmental administration and services such as offices, firehouse, police and like uses;
however, this section shall not be interpreted to permit such uses as warehousing,
storage of vehicles, heavy equipment or supplies.
a. One of the frontages of the premises shall abut upon an arterial or collector street.
5. Public utility facility.
a. An opaque screen six feet in height located as far back as all setback lines.
b. Landscaping shall be provided between the setback lines and any front property line.
c. The architecture of all buildings shall harmonize with the character of the
neighborhood.
d. One of the frontages of the premises shall abut upon an arterial or collector street.
6. Minor home occupation.
a. Requirements of Section 94-362 must be adhered to.
(e) Conditional Uses.
1. Agriculture
2. Major home occupation
3. Public recreation facility
4. Non-municipal library, museum, art gallery,
5. Private lake
6. Private stable
(f) Density, Area, Yard and Height Regulations.
City Council Packet
December 15, 2009
79
The R-1A district regulations shall be as follows:
Per Min. Min. Min. Min. Min. Max.
Unit Lot Lot Front Side Rear Height
Density Area Width Yard Yard Yard
Sq.Ft. Sq.Ft.
Single-Family
Dwelling 15,000 15,000 100' 40' 15' 30' 35'
Other Allowable
Uses 15,000 15,000 100' 40' 15' 30' 35'
(g) Accessory uses. Accessory uses and building permitted in the R-1A District are buildings
and uses customarily incidental to any of the permitted uses in the district.
(h) Parking Regulations. Parking, loading and stacking within the R-1A District shall be in
conformance with the regulations set forth in division 4 of article VI.
(i) Sign Regulations. Signs within the R-1A District shall be in conformance with the regulations
set forth in division 5 of article VI.
(j) Other Regulations. Development within the R-1A District shall be in conformance with the
regulations set forth in article II of this chapter.
City Council Packet
December 15, 2009
80
First Reading **
14. Ordinance No. 35-09: An ordinance pertaining to an application
for a Conditional Use for a major home occupation (weight loss
service) within the City of Brookings at Lot 13, Block 6,
Brookdale Addition.
Public Hearing: January 12th
**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: Ann and Chad Lamer
Proposal: Establish a major home occupation in a low-density residential neighborhood.
Background: Major home occupations must comply with 14 criteria listed in the zoning
ordinance. This list is in your packet. It is important to compare this list to the
information provided by the applicant.
Specifics: This house is in a predominantly single-family neighborhood. There are two
(2) full levels and an entry way within the house. The driveway is approximately 50 feet
long and leads to a double-car garage. The home is on a cul-de-sac.
The home occupation would be located in a converted bedroom in the lower level. The
room contains about 120 square feet.
This occupation is designed to have clients visit the home for professional consultation.
This additional traffic puts this service in the major home occupation category. Any
recommendation for approval should limit the use to the applicant.
Recommendation: The Planning Commission voted 6 yes and 0 no to recommend
approval of the Conditional Use.
City Council Packet
December 15, 2009
81
Ordinance No. 35-09
An ordinance pertaining to an application for a Conditional Use for a major home occupation
(weight loss service) within the City of Brookings:
Be it ordained by the governing body of the City of Brookings, South Dakota:
Section 1. That the said Conditional Use shall be approved for a Major Home Occupation
(weight loss service) on Lot 13, Block 6, Brookdale Addition with the following conditions:
None
Section 2. All sections and ordinances in conflict herewith are hereby repealed.
First Reading: December 15, 2009
Second Reading:
Published:
CITY OF BROOKINGS
________________________________
Tim Reed, Mayor
ATTEST:
___________________________
Shari Thornes, City Clerk
City Council Packet
December 15, 2009
86
Planning Commission
Brookings, South Dakota
December 1, 2009
OFFICIAL MINUTES
Chairperson Dave Kurtz called the regular meeting of the City Planning Commission to
order on December 1, 2009 at 7:00 PM in the Council Chamber at City Hall. Members present
were Wayne Avery, Greg Fargen, Larry Fjeldos, Alan Gregg, Al Heuton, and Kurtz. Mike
Cameron and John Gustafson were absent. Also present were Jen Connors, Albert Veen, Cliff
Kurtz, Ann Lamer, City Engineer Jackie Lanning, Community Development Director Mike
Struck, Planning and Zoning Administrator Dan Hanson, and others.
Item #6 – Ann and Chad Lamer have submitted an application for a Conditional Use to
establish a major home occupation (weight loss service) on Lot 13, Block 6, Brookdale
Addition.
(Fargen/Fjeldos) Motion to approve the Conditional Use. All present voted aye.
MOTION CARRIED.
SUMMARY OF DISCUSSION
Item #6 – Hanson remarked that the neighborhood had predominantly single-family
residences, and the applicant lived on a cul-de-sac. The nature of the occupation would require
on-site visits.
Ann Lamer stated she would consult with clients on a one-to-one basis regarding weight
loss programs. Heuton asked for the number of employees and estimated visits per day. Lamer
answered that her husband was also involved, and they would probably average one a day
starting out and maybe have four a day in the future. Kurtz asked if there would be any group
sessions. Lamer replied no, but if there were, it would be conducted at an off-site location.
Fargen asked about hours of operation. Lamer responded mostly daytime, and one night per
week. Kurtz inquired about any on-premise signage. Lamer said there would not be any.
City Council Packet
December 15, 2009
88
Second Readings / Public Hearings
15. Ordinance No. 32-09: Budget Amendment #3, An Ordinance
Authorizing a Supplemental Appropriation to the 2009 Budget
for the Purpose of providing for additional Funds for the
Operation of the City.
The attached budget amendment increases the line for the Visitors Promotional
Committee line for the Branding Study per the minutes of August 12, 2008.
(Note – this memo has been modified from the 12/8 packet)
City Manager Introduction
ACTION: Open & Close Public Hearing, Motion to Approve, Roll Call
CITY MANAGER RECOMMENDATION - Approve
City Council Packet
December 15, 2009
89
Ordinance No. 32-09
An Ordinance Entitled “An Ordinance Authorizing a Supplemental Appropriation to the
2009 Budget for the Purpose of Providing for Additional Funds for the Operation of the City.
Be It Ordained by the City of Brookings, South Dakota:
Whereas, on August 12, 2008 council passed a motion to increase the Visitor Promotion
Committee funding by $60,000 to fund the development of a brand identity for Brookings,
Whereas, the council further identified the Third Penny sales tax as the fund to be used,
Whereas State Law (SDCL 9-21-7) and the City Charter (4.06 (a) permit supplemental
appropriations provided there are sufficient funds and revenues available to pay the
appropriation when it becomes due,
Now, Therefore, Be It Resolved by the City Council that the City Manager be authorized to
make the following budget adjustments to the 2009 Budget:
Budget Amendment #3
Revenue
Expense
3rd Penny Sales Tax $60,000
Total Special Revenue Funds $60,000
All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
First Reading: December 8, 2009
Second Reading: December 15, 2009
Published: December 18, 2009
CITY OF BROOKINGS
_________________________
Tim Reed, Mayor
ATTEST:
____________________________
Shari Thornes, City Clerk
City Council Packet
December 15, 2009
90
Second Readings / Public Hearings
16. Public hearing and action on Resolution No. 141-09, a Levying
Assessment for Street Assessment Project 2008-04STA
(East/West Alley from 6th Street to 7th Street between 7th Avenue
and 8th Avenue).
The Brookings City Council approved Resolution of Necessity No. 39-08 on May 27,
2008, authorizing the City to proceed with bidding for an alley assessment project. This
project consists of two alleys located between 6th Street and 7th Street, and 7th Avenue
and 8th Avenue. The alleys located between these streets are situated in a “T” fashion,
with one alley running north and south, and one alley running east and west. This
project was modified to only include the east/west alley because the north/south
portion of the alley was vacated. All of the project costs will be assessed to the abutting
property owners of the east/west alley with all of the project costs being assessed to the
abutting property owners.
This project has been closed out and this is the final step of the assessment process.
Resolution No. 39-08 included the estimated front foot cost of $35.50 as well as
stipulating that the assessment can be paid over a five year period at 10% interest. The
actual assessed front foot cost for this alley is $36.91 which is the actual construction
costs plus the 6% engineering and administration fee. This fee was slightly higher than
the estimated amount due to the mobilization costs being divided among fewer owners
after the north/south portion of the alley was vacated.
A notice and the assessment costs were mailed to all of the affected property owners as
required by state law. This resolution will approve the assessment roll and levy the
assessment. After approval, the City Finance office will bill each of the affected property
owners.
City Manager Introduction
ACTION: Open & Close Public Hearing, Motion to Approve, Roll Call
CITY MANAGER RECOMMENDATION - Approve
City Council Packet
December 15, 2009
91
Resolution No. 141-09
Levying Assessment for Street Assessment Project No. 2008-04sta
Whereas, the City Council has provided for the following work to be completed under Project
No. 2008-04STA (East/West Alley from 6th Street to 7th Street between 7th Avenue and 8th
Avenue)
Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows:
1. The City Council has made all investigation which it deems necessary and has found
and determined that the amount which each lot or tract will be benefited by the
construction of the street improvement heretofore designated as Street Assessment
Project No. 2008-04STA is the amount stated in the proposed assessment roll.
2. The assessment for Street Assessment Project No. 2008-04STA is hereby approved
and the assessment thereby specified are levied against each and every lot, piece or
parcel of land thereby described.
3. The assessment shall be divided into five (5) equal annual installments for alleys.
4. Such assessments, unless paid within thirty (30) days after the date of mailing of a
statement of account by the City, shall be collected by the City in accordance with
the procedure for Plan One in Sections to 9-43-51, South Dakota Compiled Laws of
1967, as amended.
5. Interest of ten (10) percent per annum shall accrue on the unpaid balance of the
assessment.
Passed and approved this 15th day of December 2009.
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
ASSESSMENT ROLL FOR 2008-04STANovember 9, 2009EAST/WEST ALLEY FROM 7TH AVENUE TO 8TH AVENUE BETWEEN 6TH STREET AND 7TH STREETPAGE 1 of 1PARCEL NUMBER LEGAL DESCRIPTIONOWNERPROPERTYFRONTAGE PAVING COST TOTAL PAVINGADDRESS(FT) PER FRONT FOOT COST40365-00300-015-00 LOT 15David Jones614 7th Avenue 175.00 $36.91 $6,459.25Block 3617 8th AvenueMorehouse AdditionBrookings, SD 5700640365-00300-008-00 LOT 8, S 20 OF LOT 9David Jones617 8th Avenue 175.00 $36.91 $6,459.25Block 3617 8th Avenue Morehouse AdditionBrookings, SD 57006 40365-00300-002-00 N 50 OF LOT 1, N 50 OF THE W 25 OF LOT 2 Chad Loiseau610 7th Avenue 75.00$36.91 $2,768.25Block 3610 7th Avenue Morehouse AdditionBrookings, SD 57006 40365-00300-003-00 E 1/2 OF LOT 2, W 1/2 OF LOT 3Strandell Holdings 707 6th Street 50.00$36.91 $1,845.50Block 3160 S. Lake Drive Morehouse AdditionWatertown, SD 57201 40365-00300-004-00 E 1/2 OF LOT 3, W 1/2 OF LOT 4David Jones711 6th Street 50.00$36.91 $1,845.50Block 3617 8th Avenue Morehouse AdditionBrookings, SD 57006 40365-00300-005-00 E 1/2 OF LOT 4, W 1/2 OF LOT 5Joseph Murray715 6th Street 50.00$36.91 $1,845.50Block 3715 6th Street Morehouse AdditionBrookings, SD 57006 40365-00300-006-00 E 1/2 OF LOT 5, W 1/2 OF LOT 6Michael Helberg721 6th Street 50.00$36.91 $1,845.50Block 3721 6th Street Morehouse AdditionBrookings, SD 57006 40365-00300-007-05N 65 OF THE E 1/2 OF LOT 6 & N 65 OF LOT 7Darnall Rentals LLC 611 8th Avenue 75.00$36.91 $2,768.25Block 31100 8th Street SouthMorehouse AdditionBrookings, SD 57006 TOTAL700.00$25,837.00_All Projects\Alleys\2008\08-04AlleyRoll
City Council Packet
December 15, 2009
93
Insert – Assessment Roll Second Readings / Public Hearings
17. Public hearing and action on an on/off alcohol malt beverage
license for Boss’s Pizza & Chicken, 420 Main Avenue, Lots 11, 12,
13, Block 7, Original Plat Addition, Darin Nagelhout, owner.
The City of Brookings has received an application for an on-off sale Malt Beverage
License for Boss’s Pizza & Chicken, 420 Main Avenue, from Darin Nagelhout, owner.
legal description: Lots 11, 12 and 13, Block 7, Original Plat Addition. All the required
documents have been submitted for this application. A public hearing and action by the
local governing body is required to approve a Malt Beverage License. This license
would be effective immediately until June 30, 2010 and then subject to an annual
renewal. If approved, the application would be forwarded to the State Department of
Revenue for final action and issuance of the license.
Further Information: SDCL 35-2-1.2 provides all applications for retail licenses …shall
be submitted to the governing board of the municipality within which the applicant
intends to operate…The governing board: “shall have discretion to approve or
disapprove the application depending on whether it deems the applicant a suitable
person to hold such license and whether it considers the proposed location suitable.”
SDCL 35-2-6.2 provides the “character” requirements for alcoholic beverage licensees:
“Any license under this title…must be a person of good moral character, never
convicted of a felony, and, if a corporation, the managing officers thereof must have like
qualifications.”
Procedure for issuance of licenses: Procedurally, SDCL 35-2-3 provides that “no license
for the on or off-sale at retail of alcoholic beverages…shall be granted to an applicant
for any such license, except after public hearing, upon notice.” SDCL 35-2-5 provides
the procedure for the time and place of hearing and for publication of notice. If an
application for a license is refused, “no further application may be received from a
person until after the expiration of one year from the date of a refused application.”
City Ordinances:
Listed below is Chapter 5, Article 2, Section 5-20 of the City Code of Ordinances pertaining to
Application Review Procedure.
The City Council shall review all applications submitted to the City for available On-Sale Alcoholic
Beverage Agreements and for On-Sale Malt Beverage and Wine Licenses in accordance with SDCL 35-2
and in accordance with the following factors:
(a) Type of business which applicant proposes to operate: On-Sale Alcoholic Beverage Operating
Agreements and On-Sale Malt Beverage and Wine Licenses may not be issued to convenience
grocery stores, gas stations, or other stores where groceries or gasoline are sold unless it can be
established that minors do not regularly frequent the establishment.
(b) The manner in which the business is operated: On-Sale Alcoholic Beverage Operating
Agreements and On-Sale Malt Beverage and Wine Licenses may not be issued to establishments
which are operated in a manner which results in minors regularly frequenting the establishment.
(c) The extend to which minors are employed in such a place of business: On-Sale Alcoholic
Beverage Operating Agreements and On-Sale Malt Beverage and Wine Licenses may not be
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December 15, 2009
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issued to convenience grocery stores, gas stations, or other stores where groceries or gasoline
are sold and which regularly employ minors.
(d) The adequacy of the police facilities to properly police the proposed location: The City Council
shall inquire of the Police Chief whether the Police Department can adequately police the
proposed location.
(e) Other factors: The hours that business is conducted shall be considered by the City Council in
its review of applications for on-sale alcoholic beverage operating agreements and on-sale malt
beverage and wine licenses
Summary: SDCL and case law support the premise that the decision to issue an
alcoholic beverage license is discretionary. The City can assess the character of the
applicant and whether the location is suitable. A person convicted of a felony is
prohibited from applying for a license; therefore, a convicted felon would fail the
character test. In determining suitable location, the Council may involve the
determination of whether the location is suitable consistent with the procedure
developed through South Dakota Case Law. This includes the manner in which the
business is operated; the extent to which minors frequent or are employed in such
place of business; the adequacy of the police facilities to properly police the proposed
location, and other factors associated with the sale of alcoholic beverages.
City Manager Introduction
ACTION: Open & Close Public Hearing, Motion to Approve, Roll Call
CITY MANAGER RECOMMENDATION - Approve
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Other Business:
18. Action City Manager 2010 compensation package.
The City Council is expected to take action to establish the City Manager Jeffrey
Weldon’s compensation package for 2010.
Mayoral Introduction
ACTION: Motion to approve, Request Public Comment, Roll Call
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Other Business:
19. Joint Intergovernmental Spaces Needs Project.
The City Manager will provide the latest information and additional
materials relative to the Joint Intergovernmental Spaces Needs Project as
well as an analysis on the north property.
City Manager Introduction
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20. Adjourn.