HomeMy WebLinkAboutCCMinutes_2012_06_12Brookings City Council
June 12, 2012
The Brookings City Council held a meeting on Tuesday, June 12, 2012 at 5:00 p.m., at City Hall
with the following members present: Mayor Tim Reed, Council Members John Kubal, Mike
McClemans,Tom Bezdichek, Ope Niemeyer, Jael Thorpe and Keith Corbett. City Attorney Steve
Britzman, City Manager Jeff Weldon, and City Clerk Shari Thornes were also present.
Staff Report on 7' Ave & I S`h Street Improvement Project. As per council request,
City Engineer Jackie Lanning provided an analysis of pertinent issues and drainage issues
associated with the street project and associated costs. Staff recommended foregoing this
project and revisiting it in 2014 or at such time as the sufficient right-of-way is provided for 15'
Street South and 7th Avenue South; and the assessment/public improvement funds can
adequately finance the project. The revised Capital Improvement Plan which will be submitted
to the City Council for discussion at the June 26`h meeting will reflect this recommendation.
With the other financial commitments and higher priorities for capital investment funding, this
project should be deferred. The Council concurred to review the issue during budget
discussions.
Study Session Format Proposal. City Manager Weldon reviewed the proposed changes
for council work sessions. No changes were suggested to the proposal. Study sessions will
commence on September 18, 2012.
Council Topics for Future Discussion. Council Member Niemeyer requested an update
on the "buy local" topic.
Council Member McClemans requested an update on the Innovation Campus Tax Increment
District project.
6:00 P.M. MEETING: Consent Agenda. A motion was made by Corbett, seconded by
Kubal, to approve the consent agenda. All present voted yes; motion carried.
A. Action to approve the May 22nd council minutes.
B. Action on Resolution No. 80-12, a Resolution awarding the sale of 1987 Hyster
Rubber Roller for Street Department.
Resolution No. 80-12 - Resolution Awarding Bid for Sale of 1987 Hyster Roller
Whereas, the City of Brookings opened bids for the following on Tuesday, May 22, 2012 at
1:30 p.m. at Brookings City Hall: One (1) 1987 Hyster Rubber Roller, Serial Number
A91 C3859 -H, Model Number C -530A;
Whereas, the City of Brookings has received the following bid for the 1987 Hyster Roller:
Prussman Contracting for $6,752.00.
Now, Therefore, Be It Resolved that the bid from Prussman Contracting, 223 Railroad
Street, Brookings, SD 57006 for $6,752.00 for the 1987 Hyster Roller be accepted.
C. Action on Resolution No. 81-12, a Resolution awarding the sale of 1994 BoMag
Steel Face Roller for Street Department.
Resolution No. 81-12 - Resolution Awarding Bid for Sale of 1994 BoMag Roller
Whereas, the City of Brookings opened bids for the following on Tuesday, May 22, 2012 at
1:30 p.m. at Brookings City Hall: One (1) 1994 BoMag Steel Face Roller, Serial Number
101 170500863, Model Number BW 120AD-2; and
Whereas, the City of Brookings has received the following bid for the 1994 BoMag Roller: V.
J. Ahlers Excavating, Inc. for $8,500.00.
Now, Therefore, Be It Resolved that the bid from V. J. Ahlers Excavating, Inc., 530 First St
So, Brookings, SD 57006 for $8,500.00 for the 1994 BoMag Roller be accepted.
D. Action on Resolution No. 82-12, a Resolution declaring abandoned bicycles as
surplus property.
Resolution No. 82-12 - Resolution declaring Abandoned Bicycles as Surplus Property
Whereas, the Brookings Police Department has recovered abandoned bicycles over the
past year and maintains a list of said bicycles; and
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Whereas, the Brookings Police Department checks each bicycle for any stolen reports
before disposal; and
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.
Bike Property List: #1740 Next Break Point Pro 30056033; #1828 Schwinn Mt Bike
9NIDC05DO6404; #1833 Huffy Highland Adult Mtn Bike K6518-9153813; #1845 Next
Powerx LWIE052544; #1849 Firestone classic old style bike 0921; #1852 Huffy Leading
edge Mtn. 346G5-9284414; #1853 Next Power X Mtn Bike CBH261 I B; #1856 Mongoose
Threshold Sport I I5FA86177; #1857 MTN Tamer/Vertical 8549-65; #1859 Mongoose
Outher Limit Reeestyle SNFSD I 0DJ5623; #1860 Schwinn Men's MT Bike POFF68922;
#1868 Next Breakpoint MTN Bike 38354007; #1881 Next Avalon CS 1-060109426; #1882
Schwinn Sidewinder Women's MTN Bike UNK43622; #1884 Huffy Sea Star Childs Bike
4BCKOM29604; #1885 Next Pwr Climer 74312877; #1886 Roadmaster Chromium 20" MT
Bike UNK; #1887 Shimario Hyper Flite 26 Mt Bike UNK; #1888 Rampage Thruster BMX
G 10041275820; #1889 Raleigh Technium MT Bike UNK; #1890 Mongoose XR75
SNFSD08G653; #1894 Schwinn Sidewinder MT Bike SNMN007B3154; #1895 Huffy Rock
Trail UNK; #1897 Huffy Superia K6667-9211712; #1898 Next Turbo Kid's Dirt Bike 8595-
59H; #1899 Auto Bike Classic UNK; #1900 Next Power Climber 38527717; #1901 Huffy
Gnite — Youth MTN Bike I L06M000879; #1904 Huffy Highlane MTN Bike UNK; #1906
Roadmaster MTN Sport SNFSD I0056401; #1910 Huffy Ultra Terrain 18 Speed Girls
54159-0; #191 1 Mongoose EFX Adult MTN Bike SNHUA041-2562; #1912 Roadmaster MT
Fury SNFSD07H95431; #1913 Huffy Superia MT Bike Green 566691637151-16; #1914 Next
Power Climber MTN Bike UNK; #1916 Huffy Stylin Pink BBOSB44803; #1917 Roadmaster
MT Fury MT Mike GR50966014; #1918 Unknown Manufacture and Model OOTD470946;
#1919 Unknown Manufacture and Model UNK; #1920 Trek 7100 MT Bike UNK; #1921
Apollo Bounty Youth MTN Bike GW I I E02803; #1922 Trek Antelope MT Bike 13 DE 1137;
#1923 Murray Mountain Scene XXL -2-9993-030.
E. Action on Resolution No. 87-12, a Resolution declaring surplus property of a
1985 Chevy Caprice Station Wagon, VIN #1 G I BN35H9FX 128515.
Resolution No. 87-12 - Declaring Surplus Property
Whereas, the City of Brookings is the owner of the following property located in the
Brookings Parks, Recreation and Forestry Dept: 1985 Chevy Caprice Station Wagon, VIN
I G I BN35H9FX 128515
Whereas, this item no longer serves any useful purpose to the City of Brookings, it is the
desire of the City of Brookings to dispose of the same as surplus property.
Now, therefore, be it resolved that the listed property be declared surplus by the City
Council.
Whereas, the City Manager is hereby authorized to sell said surplus property.
On the motion, all present voted yes; motion carried.
Mayor's Annual State of the City Message. Mayor Tim Reed gave the annual "State of
the City" Message. The full presentation is available on the City's website and on file in the City
Clerk's Office.
City/County Government Building Change Orders. A motion was made by Corbett,
seconded by Niemeyer, to approve the following City/County Government Building Change
Orders: ASI#006 for $5,652 to the contract with Peska Construction Inc. for revised ADA
ramps at west side sidewalk, addition of curb and gutter and color added to concrete;
COR#051 for $812 to the contract with Fox Drywall & Plastering, Inc. for T&M to build soffit
in LL & frame for relocated toilet; COR#053 for $885 to the contract with Clark Drew
Construction, Inc. for extra material & cutting for custom sills in Room 117. Previously done in
Room 115 & 116; COR#054 for $1,434 to the contracts with Krier and Blain, Inc. for $1,712,
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Mills Construction, Inc. for a credit of $152, and Olson Masonry, Inc. for a credit of $126 to
provide temporary roof drain and sump drain system, to tie drain system to the sanitary system
for the winter and various back charges to Mills and Olson; COR#056 for $5,295 to the
contract with Bowes Construction, Inc. for changes to the 3' Street Curbs and the 6`' Avenue
asphalt; RFP#025 for $3,293 to the contract with American Electric Construction for power
and data changes at 1', 2"d and 3'd floors; RFP#029 for $4,588 to the contract with American
Electric Construction to add network cabling per owner walk-through; RFP#030 for $851 to
the contract with American Electric Construction to provide new data cables on north wall
outside storage; and RFP#031 for $1,867 to the contract with Mills Construction, Inc. for door
hardware changes -remove closer on office doors and add electric strikes to 8 doors. All
present voted yes; motion carried.
Resolution No. 83-12. A motion was made by Thorpe, seconded by Kubal, to approve
Resolution No. 83-12, a Resolution awarding bids on 2012-03SSI North Nelson Strom Water
Detention Pond Project. All present voted yes; motion carried.
Resolution No. 83-12 - Resolution Awarding Bids on Project 2012-03SSI
North Nelson Storm Water Detention Pond Project
Whereas, the City of Brookings opened bids for Project 2012-03SSI North Nelson Storm
Water Detention Pond Project on Tuesday, June 5, 2012 at 1:30 pm at Brookings City Hall; and
Whereas, the City of Brookings has received the following bids for Project 2012-03SS1 North
Nelson Storm Water Detention Pond Project: RS Halstead Corp $206,377.05; Bowes
Construction Co., Inc. $215,284.00; Rounds Construction, Inc. $231,911.35; Dakota Soil
Construction, Inc. $673,465.00.
Now Therefore, Be It Resolved that the total low bid of $206,377.05 from RS Halstead Corp of
Harrisburg, SD be accepted contingent upon South Dakota Department of Environment and
Natural Resources approval.
Resolution No. 84-12. A motion was made by Niemeyer, seconded by Kubal, to approve
Resolution No. 84-12, a Resolution authorizing Change Order No. I (CCO# I) for 2012-09STI
25`h Avenue and 10th Street Construction Project. All present voted yes; motion carried.
Resolution No. 84-12 - Resolution Authorizing Change Order No. I (CCO# I) for
2012-09STI 25`h Avenue and 10`' Street Construction Project
Be It Resolved by the City Council that the following change order be allowed for 2012-09STI
25`' Avenue and 10`h Street Construction Project:
Construction Change Order Number I: Adjust contract price for an increase of $4,000.00 to
locate utilities related to a change in the storm sewer location.
Resolution No. 85-12. A public hearing was held on Resolution No. 85-12, a Resolution
authorizing the Sale of Surplus Real Estate to Brian Poppen, concerning the following described
surplus real property consisting of a residential home located at 368 22nd Avenue South in the
City of Brookings and described as Lot Fifteen (15) in Block Twelve (12) of East Acres Second
Addition to the City of Brookings, County of Brookings, State of South Dakota. A motion was
made by Corbett, seconded by Kubal, to approve Resolution No. 85-12. All present voted yes;
motion carried.
Resolution No. 85-12 — Authorizing the Sale of Surplus Real Estate to Brian Poppen
Be It Resolved by the City Council of the City of Brookings, South Dakota as follows:
Whereas, the City has declared the following described real property as surplus: Lot Fifteen
(15) in Block Twelve (12) of East Acres 2"d Addition to the City of Brookings, County of
Brookings, State of South Dakota; and
Whereas, the property was listed with a broker and an offer of the above-described property
was received from Brian Poppen on May 17, 2012, and
Whereas, Brian Poppen has offered to purchase the above-described property for the sum of
$132,000.00, respectively, which the City of Brookings has determined is acceptable;
Now Therefore, It Is Hereby Resolved by the City Council of the City of Brookings, South
Dakota, as follows: A) That the City convey title to the above-described property to Brian
Poppen; and B) That the Mayor, City Clerk and City Manager are authorized to execute the
documents required to convey title of the above-described surplus real property to Brian
Poppen.
Ordinance No. 13-12. A public hearing was held on Ordinance No. 13-12, an Ordinance
amending the Zoning Ordinance of the City of Brookings and pertaining to yard requirements
for cantilevered floors for the purposes of administration of the Zoning Ordinance. No public
comment. A motion was made by Corbett, seconded by Thorpe, to approve Ordinance No.
13-12. All present voted yes; motion carried.
Ordinance No. 14-12. A public hearing was held on Ordinance No. 14-12, an Ordinance
amending the Zoning Ordinance of the City of Brookings and pertaining to access drives for the
purposes of administration of the zoning ordinance. No public comment. A motion was made
by Thorpe, seconded by Niemeyer, to approve Ordinance No. 14-12. All present voted yes;
motion carried.
Ordinance No. 15-12. A public hearing was held on Ordinance No. 15-12, an Ordinance
authorizing a Supplemental Appropriation to the 2012 Budget for the purpose of providing for
additional funds for the Operation of the City. No public comment. A motion was made by
Kubal, seconded by Thorpe, to approve Ordinance No. 15-12. All present voted yes; motion
carried.
Ordinance No. 16-12. A public hearing was held on Ordinance No. 16-12, an Ordinance
Amending Article II of Chapter 22 of the Code of Ordinances of the City of Brookings and
Pertaining to the Adoption of the 2009 International Building Code, the 2009 International
Residential Code, the 2009 International Mechanical Code, the 2009 International Existing
Building Code and the 2009 International Fire Code with Certain Amendments Thereto. No
public comment. A motion was made by Bezdichek, seconded by Kubal, to approve Ordinance
No. 16-12. All present voted yes; motion carried.
Resolution No, 86-12. A public hearing was held on Resolution No. 86-12, a Resolution of
Intent to Lease to Civil Air Patrol, Inc. (Airport Terminal). No public comment. A motion was
made by Corbett, seconded by Kubal, to approve Resolution No. 86-12. All present voted yes;
motion carried.
Resolution No. 86-12 - Resolution of Intent to Lease Real Property (Civil Air Patrol, Inc.)
Be It Resolved by the governing body of the City of Brookings, South Dakota, that the City of
Brookings intends to enter into a Lease Agreement with Civil Air Patrol, Inc. for a period
commencing on July 1, 2012 and ending December 31, 2014 and pertaining to the following
described property: approximately 1,040 square feet in the Brookings Airport Terminal Building
in Section 26-T I I ON-R50W, City of Brookings, South Dakota.
The Lease will be an amount of one hundred fifty-six dollars ($156.00) per month, which is
$0.15 per square foot, payable by the first of each month. The lease amount will be increased
3% for 2013 and 3% for 2014. Lessor or Lessee may terminate this Lease with a notice of 30
days.
Be It Further Noted, that a Public Hearing on this Resolution was held on June 12, 2012 at 6:00
o'clock P.M. at the City Council Chambers and that all persons were given an opportunity to be
heard on the intent to lease real property.
Airport Terminal Lease Agreement
This Airport Terminal Lease Agreement is made and entered into by and between the City of
Brookings, a municipal corporation (hereinafter sometimes referred to as "Lessor"), and the
Civil Air Patrol, Inc. (hereinafter sometimes referred to as "Lessee"), Witnesseth:
Whereas, Lessor operates the airport located at Brookings, South Dakota and has the authority
to grant rights with respect thereto; and
Whereas, Lessee is a federally chartered non-profit corporation; and
Whereas, the Lessor is willing to grant to Lessee the right to use certain of its airport facilities;
Now Therefore, for and in consideration of the rents, covenants and agreements contained
herein, and for other good and valuable consideration, the parties hereto have mutually
covenanted and agreed, and do hereby mutually covenant and agree, each with the other, for
the benefit of each other as follows:
Article I: Definitions
For the purpose of this Agreement:
(1) The term "airport" means the Brookings Regional Airport.
(2) The term "Terminal Building" shall mean the terminal building, and shall include all
facilities contained therein, excluding mechanical rooms and office spaces.
Article II: Grant of Rights with Respect to Airport Terminal
For the purpose of permitting the operations of the Lessee, Lessor does hereby grant to
Lessee, and Lessee does hereby take from Lessor, for and during the term of this Agreement,
the right and privilege, in common with others to whom similar rights and privileges may be
granted, and subject to rules and regulations prescribed by the Lessor's Airport Manager, as
hereinafter provided in this Agreement, and as established by the City of Brookings, to use the
Airport Terminal on a non-exclusive basis for its Civil Air Patrol activities.
Article III: Term of this Agreement
This Agreement shall be in full force and effect from and after the date of approval by both
parties and ending December 31, 2014, unless sooner terminated or extended as hereinafter
provided. Lessee understands that this Lease is subject to early termination if the City of
Brookings agrees to permit a commercial service, airline, operator or other purpose for the
terminal building.
Article IV: Rent to be paid by Lessee
In addition to the rent provided in Article VII, there may be additional fees and charges that will
be billed to the Lessee. These fees and charges may include, but are not limited to, one-half of
the following services: electricity, water, heat, sewer and phone and all of any internet,
television, and such additional services that CIVIL AIR PATROL, INC may utilize.
Article V: Rules and Regulations
Lessee agrees to observe and obey the rules and regulations governing the conduct and safe
operation of the Airport Terminal provided and issued, from time to time, by Lessor. Said rules
and regulations shall not be inconsistent with safety or conflict with rules and regulations now
or hereafter in effect, of any Federal or State Agency having jurisdiction with respect thereto,
nor inconsistent with the procedures prescribed or approved from time to time by the Federal
Aviation Administration (FAA) for landing and taking off at the airport of airplanes of scheduled
air transport operators, and if such inconsistency does arise, such rules and regulations
inconsistent with FAA rules and regulations shall be deemed to have no force or effect. It is the
intent of this Agreement that no rules and regulations shall be issued by the City, which shall be
inconsistent with or nullify any of the rights and privileges expressly granted under this
Agreement.
Article VI: Storage / Condition
Lessee shall return the terminal building to the Lessor at the conclusion of this Lease, in the
same condition as at the beginning of the Lease term, reasonable wear and tear excepted.
Lessee agrees to store its supplies inside its leased building area whenever possible. The Lessee
will be allowed to park appropriately marked Civil Air Patrol vehicle(s) long term in the
Terminal Parking Lot, provided these vehicles do not interfere with any other airport
operation.
Article VII: Rental Space in the Terminal Building / Rent Payable
During the term of this Lease, the Lessor hereby leases to the Lessee for the term of this
Agreement, use of the area now used as work and office space in the Terminal Building, and the
use of all the public space in the Terminal Building, its lobby, waiting room, rest rooms and
other public and passenger space, excluding areas currently occupied by other companies or
organization. The space herein leased to the Lessee for its use may be used by Lessee for the
furtherance of the organization or for such other purposes as may be needed by the Lessee in
the conduct of its business. The Lessor agrees during the term of this Agreement to maintain
and keep the Terminal Building in good condition and repair.
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Lessee agrees that it will not tamper, interfere, or damage any equipment owned, stored,
maintained, or affixed to the building at this location.
Lessee agrees to pay for any modifications to the Terminal Building, which Lessee may require,
provided they have been approved by the City and meet current building codes and/or
regulation.
Commencing July I, 2012, Lessee hereby agrees to pay Lessor for the use of the Terminal
Building, the sum of One Hundred Fifty -Six Dollars per month (1,040 SF x $0.15/SF = $156.00)
said sum to be billed (billed) and payable on or by the first working day of each month through
the full term of this Lease, and is late if paid after the 10th day of the month. Failure to timely
pay the rent, in addition to all other remedies, will result in a ten percent (10%) late charge.
Commencing July I, 2013, the monthly rental installments will also be increased by three
percent (3%), to the sum of One Hundred Sixty Dollars and Sixty -Eight cents per month (1,040
SF x $0.1545/SF = $160.68) said sum to be billed (billed) and payable on or by the first working
day of each month through the full term of this Lease, and is late if paid after the 10`h day of the
month. Failure to timely pay the rent, in addition to all other remedies, will result in a ten
percent (10%) late charge.
Commencing July 1, 2014, the monthly rental installments will also be increased by three
percent (3%), to the sum of One Hundred Sixty -Five Dollars and Forty -Six cents per month
(1,040 SF x $0.1591 /SF = $165.46) said sum to be billed (billed) and payable on or by the first
working day of each month through the full term of this Lease, and is late if paid after the 10`h
day of the month. Failure to timely pay the rent, in addition to all other remedies, will result in
a ten percent (10%) late charge.
Article VIII: Indemnity
The Lessee agrees to indemnify and hold the Lessor harmless from and against all liabilities,
judgments, costs, damages and expenses which may accrue against, be charged to or recovered
from Lessor for damage to the property of the Lessor or the property of, injury to or the
death of any person arising from the Lessee's use and occupancy of and operations at the
airport under any circumstances except when caused by the Lessor's sole negligence or by the
joint negligence of Lessor and any person other than the Lessee.
Lessee agrees that it will, at its own expense, keep in force insurance policies in standard form
issued by a company or companies of sound and adequate financial responsibility covering any
accident arising from Lessee's use and occupancy of and operations at the airport under any
circumstances except when caused by Lessor's negligence or by the joint negligence of Lessor
and any person other than Lessee. Lessee will, at least annually, provide a Certificate of
Insurance setting forth the current liability coverage and limits of liability of any insurance
coverage in force with respect to liability arising out of the use of airport premises, with the
City named as an additional insured.
Lessee will provide general liability insurance protecting the City against claims for injury or
damages to persons or property, with said policy to have general liability limits of a minimum of
One Million Dollars ($1,000,000.00, single limit each occurrence) for bodily injury, and a
minimum of One Million Dollars ($1,000,000.00 each occurrence) for property damage. If such
insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no
less than two times the occurrence limit. Such insurance shall add the City of Brookings and its
officers, officials, employees, agents and volunteers as an additional insured. The general liability
insurance limits are subject to change and Lessee agrees to change limits of insurance if
required by the City.
Article IX: Termination of this Agreement
(1) Cancellation by Lessor Due to Default or Violation of Lease by Lessee. In the event that
Lessee shall fail to perform, keep and observe any of the terms, covenants or conditions
herein contained, on its part to be performed, the Lessor may give the Lessee written
notice to correct such condition or cure such default and, if such condition or default
shall continue for thirty (30) days after the receipt of such notice by the Lessee, the
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Lessor may, after the lapse of said thirty (30) day period and prior to the correction or
curing of such condition or default, terminate this Lease by a written notice.
(2) Cancellation by Lessor. Lessor may cancel this Agreement, in its entirety, at any time, by
thirty (30) days written notice to Lessee, and Lessee shall promptly, within fifteen (15)
days of said notice, remove its property from the leased premises.
(3) Cancellation by Lessee. Lessee may cancel this Agreement, in its entirety, at any time, by
thirty (30) days written notice to Lessor.
Article X: Civil Rights
Lessee, in the use of Brookings Airport Facilities as herein authorized, shall not, discriminate or
permit discrimination against any person or group of persons in any manner prohibited by Part
152 of the Federal Aviation Regulations and Lessee further agrees to comply with any
requirement made to enforce the foregoing which may be demanded of the Lessor by the
United States Government under authority of said Part 152.
Article XI: Subordination Agreement
This Lease shall be subordinate to the provisions of any existing or future agreement between
the Lessor and the United States, relative to the operation or maintenance of the Airport, the
execution of which has been or may be required as a condition precedent to the expenditure
of federal funds for the development of the Airport.
Article XII: Non -Exclusive Rights
Lessee shall have the right and privilege of engaging in and conducting a federally chartered non-
profit corporation on the premises of the Brookings Municipal Airport under the terms and
conditions as set forth herein; provided, however, that this Agreement shall not be construed
in any manner to grant Lessee or those claiming under it the exclusive right to the use of the
premises and facilities of said airport other than those premises leased exclusively to Lessee
hereunder.
Article XIII: Miscellaneous
(1) Assignment. Lessee shall not assign this Agreement, or any of its rights hereunder, nor
sublet the premises or any part thereof, to any person without the written consent of the
Lessor.
(2) No waiver of default. No action whatsoever, except an express written waiver, shall be
construed to be or act as a waiver by Lessor or Lessee of any default by the other in the
performance of any of the terms, covenants or conditions of this Agreement to be
performed, kept and observed by it. No express written waiver by Lessor or Lessee shall
be construed to be or act as a waiver of any subsequent default by the other in the
performance of any of the terms, covenants and agreements of this Agreement to be
performed, kept and observed by it.
(3) Remedies are cumulative. The rights and remedies hereby created are cumulative and the
use of one remedy shall not be taken to exclude or waive the right to the use of another.
(4) Successors and assigns. All of the covenants, stipulations and agreements in this Agreement
shall extend to and bind the successors and assigns of the respective parties hereto.
(5) Notices. Notices to the Lessor provided for herein may be delivered to City Hall, P.O. Box
270, Brookings, South Dakota or to the Brookings Regional Airport, 509 West 2nd Street
South, Brookings, South Dakota, 57006, and notices to Lessee may be delivered to the
following address:
South Dakota Wing Headquarters
4275 Airport Road, Suite A
Rapid City, SD 57703
(6)Applicable Law. The laws of the State of South Dakota shall govern the Agreement and this
Agreement shall be deemed to have been made in and shall be construed in accordance
with the laws of the State of South Dakota.
(7) Counterparts. Several copies of this Agreement has been executed, each of which shall be
and shall constitute an original.
Commemorative Name for 8' Street South: "Bobcat Path." A motion was made by
Reed, seconded by Kubal, to approve the commemorative name "Bobcat Path" for 8t' Street
South. A motion was made by Reed, seconded by Kubal, to amend to Bobcat Way. All present
voted yes; motion carried. A motion was made by Reed, seconded by Corbett, to table until
the School Board was available to respond to questions. All present voted yes; motion carried.
a
TABLED ITEM: Resolution No. 43-12. A motion was made by Reed, seconded by Kubal,
to remove from the table action to approve Resolution No. 43-12, a Resolution Amending the
City of Brookings Vision 2020 Comprehensive Plan Future Land Use Plan (South Campus
Neighborhood District Plan) Amendment to include the area from Medary Ave. to 14`h Ave.
and from 6t' St. to 7' St. (Legal Description: Blocks I and 6 of Randi Petersons, Blocks 1, 2 and
3 of Sanderson's Addition).
A motion was made by Reed, seconded by Corbett, to correct the legal description to read as
follows: "Blocks I and 6 of Randi Peterson Blocks I and 2 of Sanderson's Addition and Block of
Saunders Addition." All present voted yes, motion carried.
AMENDMENT: A motion was made by Reed, seconded by Kubal, to approve Planning
Commission's original recommendation Blocks 2 and 5 Randi Peterson's Addition, Block 2
Sanderson's Addition and Block 3 Saunder's Addition. Bezdichek, Kubal, Niemeyer and Reed
voted yes; Thorpe, McClemans and Corbett voted no; motion carried.
On the original motion as amended: "A motion was made by Corbett, seconded by
McClemans, to amend the Vision 2020 Comprehensive Plan Future Land Use Plan (South
Campus Neighborhood District Plan) Legal Description: Blocks 2 and 5 Randi Peterson's
Addition, Block 2 Sanderson's Addition and Block 3 Saunder's Addition. Bezdichek, Corbett,
Kubal, Niemeyer, Reed voted yes; McClemans and Thorpe voted no; motion carried.
Resolution No. 43-12 - A Resolution amending the City of Brookings Vision 2020
Comprehensive Plan Future Land Use Plan (South Campus Neighborhood District Plan).
Whereas, the City Council of the City of Brookings, SD in accordance with SDCL 1 1-6-18
adopted the Vision 2020 Comprehensive Plan for the City of Brookings, SD; and
Whereas, the City Council determined that the Future Land Use Plan of said Comprehensive
Plan should be amended and supersede the previously adopted Future Land Use Plan of the
Comprehensive Plan adopted February 11, 2002; and
Whereas, the City Planning Commission of the City of Brookings, SD has recommended
approval of the Vision 2020 Comprehensive Plan in accordance with SDCL 1 1-6-17;
Now, Therefore, Be It Resolved by the City of Brookings, SD that the Future Land Use Plan of
the Vision 2020 Comprehensive Plan, as amended, is hereby adopted for the City of Brookings,
with said plan to supersede the previous Future Land Use Plan. The Vision 2020
Comprehensive Plan shall be on file in the office of the City Clerk and is available for public
inspection by any interested person.
TABLED ITEM: Passengers on Tractors in Parades. A motion was made by Thorpe,
seconded by Niemeyer, to remove from the table the May 22"' motion: "A motion was made
by Thorpe, seconded by Bezdichek, to repeal the action to prohibit passengers on tractors. All
present voted yes; motion carried. On the original motion; all present voted yes, except Kubal
voted no, motion carried to repeal.
Visitor Promotions Committee Strategy & Re -Organization Discussion. Jeff Harms,
Chamber Board President, and Victoria Blatchford, Visitor Promotions Chair, led discussion on
the re -organization of the Visitor Promotions Committee and the CVB into a CVB Committee,
which would serve as the guiding entity for event and visitor recruitment. At a future meeting,
the Council will consider action to approve a new agreement with the Chamber of Commerce
that merges responsibilities of the Visitor Promotions Committee into the CVB. Additionally,
the Council would dissolve the VPC. A motion was made by Thorpe, seconded by Bezdichek,
to ask the ad hoc committee, in conjunction with city manager, to bring forth documents at
their convenience to make these changes. All present voted yes; motion carried.
Request for Proposal for Hotel Developers. A motion was made by Thorpe, seconded by
Bezdichek, asking the city manager to go forward with a Request for Proposals for hotel
developers and the creation of an ad hoc committee to help him analyze the proposals that are
returned. A motion was made by McClemans, seconded by Bezdichek, to amend to include
City Council members on the ad hoc committee. Bezdichek, Kubal and McClemans voted yes;
Corbett, Reed, Thorpe and Niemeyer voted no; motion failed. On the original motion, all
present voted yes; motion carried.
Master Drainage Plan Project Priority List. A motion was made by Kubal, seconded by
Thorpe, to adopt the revised Master Drainage Plan Project Priority List to incorporate into the
Capital Improvement Plan. All present voted yes, motion carried.
Ranking Results
Rank Proiect
Syr Storm I00yr Storm
Score Cost Cost
I
Medary Avenue & 20th Street South (Phase I -
20.50
$400,000
$400,000
Nelson Pond)
2
Hammond Avenue & Horner Avenue, North of
20.30
$2,000,000
n/a
Squire Court
West 20th Street South and Main Avenue (with
19.20
3
street project)
4
Medary Avenue & 20th Street South (Phase 2 -
18.40
$300,000
$500,000
piping under 20th)
5
West 2nd Street & West Folsom Street: Xtra
18.20
$1,900,000
$2,700,000
Space Storage*
6
6th Avenue Viaduct under DM&E Railroad
18.10
$90,000
n/a
7
SDSU Regional Pond & Infrastructure from 8th
18,10
$750,000
$1,500,000
Street.
8
LeFevre Drive
17.70
$85,000
$250,000
9
17th Avenue South and Pebble Beach Drive
17.50
$100,000
$350,000
10
Medary Avenue & 20th Street South (Phase 3 -
16.70
$5,000,000
$10,000,000
downstream county)
I I
Southland Lane & 12th Street South Detention
16.00
$2,500,000
n/a
(Phase 2 piping)
12
Medary Avenue & Intersections of I st Street and
15.80
$553,553
$1,500,000
2nd Street
13
15th Street South & 7th Avenue Pheasants Nest
15.50
$2,243,431
$4,962,629
(Phase 2 ditch/piping)
14
1 17th Avenue South and Sawgrass Drive
15.00
$445,004
$1,027,384
Top Score:
20.50
Doc Knaus presented a petition which was submitted to the County Commission regarding
drainage concerns. The City Manager will contact the County regarding his concerns.
Appointment of Deputy Mayor. A motion was made by Reed, seconded by McClemans, to
appoint Council Member Keith Corbett as Deputy Mayor for a term of one year; term expiring
June I, 2013. All present voted yes; motion carried.
Appointment of Council Ex -Officio Board Appointments. Action was deferred to the
June 26`' meeting.
Adjourn. A motion was made by Kubal, seconded by Niemeyer, to adjourn. All present
voted yes; motion carried. Meeting adjourned at 9:42 p.m.
CITY OF BROOKINGS
Tim Reed, Mayor
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