HomeMy WebLinkAbout2020_01_14 CC PKTCity Council
City of Brookings
Meeting Agenda
Brookings City Council
Brookings City & County
Government Center
520 3rd St., Suite 230
Brookings, SD 57006
Phone: (605) 692-6281
Fax: (605) 692-6907
"We are an inclusive, diverse, connected community that fuels the creative class, embraces sustainability
and pursues a complete lifestyle. We are committed to building a bright future through dedication,
generosity and authenticity. Bring your dreams!"
Council Chambers6:00 PMTuesday, January 14, 2020
The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse
economic base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal
management.
6:00 PM REGULAR MEETING
1. Call to Order / Pledge of Allegiance.
2. Record of Council Attendance.
3. Executive Session
3.A.ID 20-0019 Executive Session, pursuant to SDCL 1-25-2, for purposes of consulting
with legal counsel or reviewing communications from legal counsel about
proposed or pending litigation or contractual matters.
Action: Motion to enter into Executive Session, Voice Vote
Action: Motion to exit Executive Session, Voice Vote
4. Consent Agenda:
Action: 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.
4.A. Action to approve the agenda.
4.B.ID 20-0001 Action to approve the December 10, 2019 City Council minutes.
Page 1 City of Brookings
January 14, 2020City Council Meeting Agenda
12/10/2019 MinutesAttachments:
4.C.RES 20-001 Action on Resolution 20-001, a Resolution designating the depositories for
municipal funds.
ResolutionAttachments:
4.D.RES 20-002 Action on Resolution 20-002, a Resolution designating the Official
Newspaper.
ResolutionAttachments:
4.E.RES 20-005 Action on Resolution 20-005, a Resolution authorizing Change Order No. 1
(Final) for 2019-08STI Street Maintenance & Overlay Project; Bowes
Construction, Inc.
Resolution
Map
Attachments:
5. Items removed from Consent Agenda.
Action: Motion to Approve, Request Public Comment, Roll Call
6. Open Forum/Presentations/Reports:
6.A. Open Forum.
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.
6.B. SDSU Student Association Report.
6.C.ID 20-0021 State’s Attorney Dan Nelson will present information to the City Council
and the public on the State’s Attorney Office new Diversion Program, and
an update on felony and misdemeanor statistics for 2019.
PresentationAttachments:
7. Contracts/Change Orders: None
8. Ordinance First Readings:
The title of the Ordinance is read. No vote is required on the first reading of an
Ordinance. Public Comment and Council discussion is permitted. The date for the
second reading is announced.
8.A.ORD 20-001 Introduction and First Reading on Ordinance 20-001, a Joint Jurisdiction
Rezoning Request for the South 150’ of the East 165’ of Lot 1, Krogman
First Addition, in the SE ¼ of the SE ¼ of Section 16 T110N-R50W, from
Joint Jurisdiction Residence R-1B to a Joint Jurisdiction Business B-3
Heavy District (1806 US Highway 14). Public Hearing: February 11, 2020.
Page 2 City of Brookings
January 14, 2020City Council Meeting Agenda
Memo
Ordinance
Notice
12-02-2019 Planning Commission Minutes
Rezoning Applications
Zoning Exhibit Map
Aerial Map
JJB-3 District
County Staff Report
Attachments:
8.B.ID 20-0029 Action on Motion to Proceed with bidding process and construction for the
Bob Shelden Athletic Complex Renovation Project.
Memo
Resolution 19-025
Attachments:
Action: Motion to Approve, Request Public Commnent, Roll Call
8.C.ORD 20-002 Introduction and First Reading on Ordinance 20-002, an Ordinance
Authorizing Supplemental Appropriation No. 1 to the 2020 Budget.
Second Reading: January 26, 2020.
Memo
Ordinance
Attachments:
9. Public Hearings and Second Readings:
9.A.ORD 19-021 Second Reading on Ordinance 19-021, an Ordinance Authorizing
Supplemental Appropriation #5 to the 2019 Budget.
Memo
Ordinance
Resolution 15-125
Attachments:
Action: Motion to Approve, Request Public Commnent, Roll Call
Legislative History
12/10/19 City Council read into the record
10. Other Business:
10.A.RES 20-003 Action on Resolution 20-003, a Resolution authorizing the transfer of Real
Property to Brookings Economic Development Corporation for Economic
Development Purposes.
Memo
Resolution
Map
Attachments:
Action: Motion to Approve, Request Public Commnent, Roll Call
Page 3 City of Brookings
January 14, 2020City Council Meeting Agenda
11. City Council member introduction of topics for future discussion.
Any Council Member may request discussion of any issue at a future meeting only.
Items cannot be added for action at this meeting. A motion and second is required
stating the issue, requested outcome, and time. A majority vote is required.
12. Adjourn.
Brookings City Council: Keith Corbett, Mayor; Patty Bacon, Deputy Mayor
Council Members Leah Brink, Dan Hansen, Ope Niemeyer, Holly Tilton Byrne, and Nick Wendell
Council Staff:
Paul M. Briseno, City Manager Steven Britzman, City Attorney Bonnie Foster, City Clerk
View the City Council Meeting Live on the City Government Access Channel 9.
Rebroadcast Schedule: Wednesday 1:00pm/Thursday 7:00pm/Friday 9:00pm/Saturday 1:00pm
The complete City Council agenda packet is available on the city website: www.cityofbrookings.org
Assisted Listening Systems (ALS) are available upon request by contacting (605) 692-6281. If you require
additional assistance, alternative formats, and/or accessible locations consistent with the Americans with
Disabilities Act, please contact Susan Rotert, City Human Resources Director and ADA Coordinator at (605)
692-6281 at least three working days prior to the meeting.
Page 4 City of Brookings
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 20-0019,Version:1
Executive Session, pursuant to SDCL 1-25-2, for purposes of consulting with legal counsel or
reviewing communications from legal counsel about proposed or pending litigation or contractual
matters.
SDCL 1-25-2. Executive or closed meetings--Purposes--Authorization--Violation as misdemeanor.
Executive or closed meetings may be held for the sole purposes of:
1) Discussing the qualifications, competence, performance, character or fitness of any
public officer or employee or prospective public officer or employee. The term, employee, does
not include any independent contractor;
2) Discussing the expulsion, suspension, discipline, assignment of or the educational
program of a student or the eligibility of a student to participate in interscholastic activities
provided by the South Dakota High School Activities Association;
3) Consulting with legal counsel or reviewing communications from legal counsel about
proposed or pending litigation or contractual matters;
4) Preparing for contract negotiations or negotiating with employees or employee
representatives;
5) Discussing marketing or pricing strategies by a board or commission of a business
owned by the state or any of its political subdivisions, when public discussion may be harmful
to the competitive position of the business; or
6) Discussing information listed in subdivisions 1-27-1.5(8) and 1-27-1.5(17).
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 the public
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 prevents an executive or closed
meeting if the federal or state Constitution or the federal or state statutes require or permit it. A
violation of this section is a Class 2 misdemeanor.
Source: SL 1965, ch 269; SL 1980, ch 24, § 10; SL 1987, ch 22, § 1; SL 2014, ch 90, § 2; SL 2019,
ch 2, § 1
City of Brookings Printed on 1/9/2020Page 1 of 1
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City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 20-0001,Version:1
Action to approve the December 10, 2019 City Council minutes.
Attachments:
12/10/2019 Minutes
City of Brookings Printed on 1/9/2020Page 1 of 1
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Brookings City Council
December 10, 2019 (unapproved)
The Brookings City Council held a meeting on Tuesday, December 10, 2019 at 5:00
PM, at City Hall with the following City Council members present: Mayor Keith Corbett,
Council Members Patty Bacon, Leah Brink, Nick Wendell (via phone), Dan Hansen,
Holly Tilton Byrne, and Ope Niemeyer. City Attorney Steve Britzman, City Manager Paul
Briseno, and City Clerk Bonnie Foster were also present.
5:00 PM STUDY SESSION
Bob Shelden Project Presentation.Tom Ohle, Architect, and Jason Blome,
Landscape Architect, with RDG Consultants presented the project plan for the Bob
Shelden renovation project to the City Council and members of the public.
Brookings Youth Council discussion. Council Member Dan Hansen presented the
idea of establishing a Brookings Youth Council to the City Council and members of the
public. Jaixai Reineke spoke in favor of establishing a Brookings Youth Council.
6:00 PM REGULAR MEETING
Consent Agenda:A motion was made by Council Member Wendell, seconded by
Council Member Bacon, to approve the Consent Agenda. The motion carried by the
following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton
Byrne.
3.A. Action to approve the agenda.
3.B. Action to approve the November 26, 2019 City Council Minutes.
3.C. Action on annual Liquor Alcohol License Renewal for 2020: Park Hospitality.
3.D. Action on appointments to City Boards, Committees, and Commissions:
Brookings Committee for People who have Disabilities: Appoint Nadine Gjerde as the
SDSU Liaison (term expires 1/1/2023); Park & Rec Board: Appoint Isaac Schulte as the
High School Student Representative (term expires 5/1/2020).
3.E. Action on Resolution 19-088, a Resolution declaring surplus property for the
City of Brookings.
Resolution 19-088 - Declaring Surplus Property
Whereas, the City of Brookings is the owner of the following described equipment
formerly used at the City of Brookings:
Library
Six (6) small round stools
Three (3) small round tables
One (1) non-gliding glider rocker
Fourteen (14) square carpet topped stools
One (1) Red, 6-foot wooden sorting bin with 12 compartments
Two (2) office desks
One (1) 2008 HP Compaq dc7900 Convertible Minitower (HP5) Dead
One (1) 2010 HP Compaq 8000 ECM HP24
One (1) 2012 HP Compaq 8300 Elite Convertible Minitower (HP29)
One (1) 17” Acer Monitor
One (1) Canon LiDE 110 scanner
Six (6) Metal Shelf Bins
Two (2) adjustable desk chairs
One (1) Microfilm Scanpro CC200
One (1) Gateway E4500D G59
One (1) KDS Monitor
One (1) 2018 HP Envy 4520 Printer (Dead)
One (1) 2010 HP Compaq 8000 ECM (HP 23)
One (1) 19” NEC Monitor (Dead)
One (1) 19” NEC Monitor
One (1) 19” Samsung Monitor
One (1) 2010 HP Compaq 8000 Elite Convertible Minitower (HP20)
Whereas, in the best financial interest, it is the desire of the City of Brookings to dispose
of as surplus property; and
Whereas, the City Manager is hereby authorized to sell or dispose of said surplus
property.
Now, Therefore, Be It Resolved by the governing body of the City of Brookings, SD, that
this property be declared surplus property according to SDCL Chapter 6-13.
3.F. Action on a Preliminary Plat for Lots 1-9, Block 12; Lots 1-5, Block 15; Lots
1-32, Block 16, Timberline Addition.
Police Dept. Promotion. Police Chief Dave Erickson introduced Patrol Sargeant
Brian Franklin to the City Council and members of the public. Brian was recently
promoted from Patrol Officer to Patrol Sergeant.
Open Forum.Fereidoon (Fred) Delfanian, 532 Summit Pass, expressed concerns
regarding the ongoing construction traffic on Summit Pass, and the fact this has been
ongoing for the better part of three years. Mike Struck, Community Development
Director, will visit with Fred about his concerns.
SDSU Student Association Report. Amanda Weller, Chief of Staff for SDSU
Students Association, provided an update on SDSU happenings to the City Council and
public.
Resolution 19-090. A motion was made by Council Member Niemeyer, seconded by
Council Member Bacon, that Resolution 19-090, a Resolution awarding the contract for
the purchase of two (2) 2020 Model Year Police Sport Utility Vehicles, be approved.
The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Brink,
Bacon, Wendell, and Tilton Byrne.
Resolution 19-090 - Resolution Awarding Bid for Two (2) 2020 Model Year
Police Sport Utility Vehicles
Whereas, the City of Brookings purchases police vehicles to replace the feet of the
Brookings Police Department; and
Whereas, the City of Brookings has approved the replacement and purchase of one
police vehicle for the fiscal year 2020, and the purchase of one police vehicle as an
addition to the fleet for the fiscal year 2020; and
Whereas, the Brookings Police Department has requested the purchase of one marked
police vehicle for the replacement of one marked police vehicle and the purchase of one
additional marked police vehicle; and
Whereas, the City of Brookings opened bids for two (2) 2020 Model Year Police Sport
Utility Vehicles on Tuesday, November 19, 2019 at 1:30 pm at the Brookings City and
County Government Center; and
Whereas, the City of Brookings has received the following bid for two Police Vehicles:
Nelson Auto Center; Fergus Falls, MN $77,866.68; Einspahr Auto; Brookings, SD
$78,574.00.
Now, Therefore, Be It Resolved that the low bid of $77,866.68 for two (2) 2020 Ford
Interceptor Utility Vehicles from Nelson Auto Center of Fergus Falls, MN be accepted.
Resolution 19-093. A motion was made by Council Member Bacon, seconded by
Council Member Tilton Byrne, that Resolution 19-093, a Resolution to approve the
purchase of a 2020 Elgin Pelican Street Sweeper for the Street Department off of
Sourcewell (Formerly NJPA) Contract #122017-FSC through Sanitation Products, be
approved. Public Comment: Diane Fjerstad. The motion carried by the following vote:
Yes: 7 - Corbett, Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton Byrne.
Resolution 19-093 - Resolution Approving the Purchase of a
2020 Elgin Pelican Street Sweeper
Whereas, the City Street Department requests action to purchase a 2020 Elgin Pelican
Street Sweeper for the Street Department off of Sourcewell (formerly NJPA) contract
#122017-FSC through Sanitation Products; and
Whereas, the new sweeper will replace a 2014 Elgin Pelican sweeper. Replacement of
street sweepers occurs on a 6-year basis in order to reduce maintenance costs and
breakdowns; and
Whereas, the 2020 CIP has a budget amount of $195,000. The total price from
Sanitation Products is $206,226.00. The overage of the CIP amount will be
compensated with the surplus sale of the 2014 Elgin Pelican sweeper.
Now, Therefore, Be It Resolved that contract from Sanitation Products from Sioux Falls,
South Dakota in the amount of $206,226.00 be accepted.
FIRST READING _ Ordinance 19-021. Introduction and First Reading was held on
Ordinance 19-021, an Ordinance authorizing Supplemental Appropriation #5 to the
2019 Budget. Second Reading: January 14, 2020.
On-Off Sale Malt License. A public hearing was held on a request for an On-Off Sale
Malt License for Woody’s Axe Throwing LLC, Terry Nelson, owner, 2508 Wilbert Court,
Suite C, legal description: Lot 10, Block 1, Wilbert Square Addition. A motion was made
by Council Member Brink, seconded by Council Member Tilton Byrne, that the On-Off
Sale Malt License be approved. The motion carried by the following vote: Yes: 7 -
Corbett, Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton Byrne.
Ordinance 19-020. A public hearing was held on Ordinance 19-020, an Ordinance
amending the Zoning Ordinance of the City of Brookings and pertaining to Planned
Development Districts for the purposes of administration of the Zoning Ordinance.
A motion was made by Council Member Niemeyer, seconded by Council Member
Brink, that Ordinance 19-020 be approved. The motion carried by the following
vote: Yes: 7 - Corbett, Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton Byrne.
Ordinance 19-019. A second reading was held on Ordinance 19-019, an Ordinance
authorizing a Supplemental Appropriation to the 2019 Budget. A motion was made by
Council Member Hansen, seconded by Council Member Niemeyer, that Ordinance
19-019 be approved. Public Comment: Diane Fjerstad and Doug Smith. The motion
carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Brink, Bacon,
Wendell, and Tilton Byrne.
Tom Richter, Swiftel Center Executive Director, and John Siehl, Vice-President for
VenuWorks, presented a 2020 financial plan for the Swiftel Center to the City Council
and members of the public. (November 26, 2019 City Council Meeting excerpt: “A motion was made
by Council Member Hansen, seconded by Council Member Bacon, that staff present a plan at the
December 10th City Council Meeting to mitigate any further loss beyond what is budgeted in 2020 as part
of the second reading on Ordinance 19-019. The motion carried by the following vote: Yes: 6 - Corbett,
Niemeyer, Hansen, Brink, Bacon, and Tilton Byrne; Absent: 1 – Wendell.”)
Resolution 19-089. A motion was made by Council Member Tilton Byrne, seconded
by Council Member Hansen, that Resolution 19-089, a Resolution adopting the
Brookings County Pre-Disaster Mitigation Plan 2019-2024, be approved. The motion
carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Brink, Bacon,
Wendell, and Tilton Byrne.
Resolution 19-089 - Resolution Adopting the Brookings County
Pre-Disaster Mitigation Plan 2019 - 2024
Whereas, Brookings County received assistance in the preparation of the Brookings
County Pre-Disaster Mitigation Plan 2019-2024 from representatives of the City of
Brookings and received funding from the South Dakota Office of Emergency
Management I FEMA; and
Whereas, several public planning meetings were held between September 2018 and
March of 2019 regarding the development and review of the Brookings County
Pre-Disaster Mitigation Plan 2019-2024; and
Whereas, the Brookings County Pre-Disaster Mitigation Plan 2019-2024 contains
several potential future projects to mitigate hazard damage in the City of Brookings and
Whereas, the Federal Emergency Management Agency (FEMA) has rendered its
approval of the Brookings County Pre-Disaster Mitigation Plan on November 7, 2019;
and
Whereas, a duly-noticed public hearing was held by the Brookings County Pre-Disaster
Mitigation Team on February 27, 2019 to solicit public comment on the Brookings
County Pre-Disaster Mitigation Plan 2019-2024; and
Whereas, a duly-noticed public meeting was held by the Brookings City Council on
December 10, 2019 to formally approve and adopt the final Brookings County
Pre-Disaster Mitigation Plan 2019-2024.
Now, Therefore, Be It Resolved that the Brookings City Council adopts the
Brookings County Pre-Disaster Mitigation Plan 2019-2024.
Resolution 19-091. A motion was made by Council Member Tilton Byrne, seconded
by Council Member Niemeyer, that Resolution 19-091, a Resolution authorizing the City
Manager to sign documents for a Federal Emergency Management Agency
Hazard Mitigation Grant Application, be approved. The motion carried by the
following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton
Byrne.
Resolution 19-091 - A Resolution authorizing the City Manager to Sign Documents for a
Federal Emergency Management Agency Hazard Mitigation Grant Application
Whereas, the Brookings City Council desires to apply for a Hazard Mitigation Grant
project to the Federal Emergency Management Agency and the State of South Dakota;
and
Whereas, the City of Brookings is committed to providing a local match towards the
project costs; and
Whereas, the City of Brookings appoints RESPEC as the Applicant Agent for the
purpose of signing documents and assuring the completion of all application
documents.
Now, Therefore Be It Resolved that the City Manager of the City of Brookings is
authorized to sign documents on behalf of the City of Brookings associated with a
Hazard Mitigation Grant application and funding award documents.
Resolution 19-092. A motion was made by Council Member Hansen, seconded by
Council Member Tilton Byrne, that Resolution 19-092, a Resolution authorizing the City
Manager to sign documents to Relinquish the 14 C.F.R. Part 139 Certificate for the
Brookings Regional Airport, be approved. The motion carried by the following vote:
Yes: 7 - Corbett, Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton Byrne.
Resolution 19-092 - Resolution Authorizing the City Manager to Sign Documents
to Voluntarily Relinquish the 14 C.F.R. Part 139 Certificate
for the Brookings Regional Airport
Whereas, the Brookings Regional Airport currently holds a 14 C.F.R. Part 139
Certificate with the Federal Aviation Administration; and
Whereas, the Brookings Regional Airport has met the requirements of the 14 C.F.R.
Part 139 Certificate; and
Whereas, the 14 C.F.R. Part 139 Certificate has been inactive since 2008 when the City
of Brookings no longer had an Essential Air Service carrier.
Now, Therefore, Be It Resolved that the City Manager of the City of Brookings is
authorized to sign documents to voluntarily relinquish the 14 C.F.R. Part 139 Part
Certificate for the Brookings Regional Airport.
Council Introduction of Topics for Future Discussion. A motion was made by
Council Member Bacon, seconded by Council Member Tilton Byrne, to direct staff to
prepare a report outlining SDSU Airport Usage, to include the expenses and revenues
associated with SDSU's use. The motion carried by the following vote: Yes: 7 - Corbett,
Niemeyer, Hansen, Brink, Bacon, Wendell, and Tilton Byrne.
Adjourn.A motion was made by Council Member Hansen, seconded by Council
Member Bacon, that this meeting be adjourned at 7:28 p.m. The motion carried by a
unanimous vote.
CITY OF BROOKINGS
__________________________
ATTEST: Keith W. Corbett, Mayor
__________________________
Bonnie Foster, City Clerk
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 20-001,Version:1
Action on Resolution 20-001, a Resolution designating the depositories for municipal funds.
Summary:
Pursuant to SDCL 9-22-6, “Designation of depositories of municipal funds,” the governing body shall
designate the depository or depositories in which the funds belonging to the municipality shall be
deposited. Such depository or depositories shall be a bank or banks within the State of South
Dakota, unless otherwise specifically provided by law.
Recommendation:
Staff recommends approval.
Attachments:
Resolution
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Resolution 20-001
Resolution designating Official Depositories
Pursuant to SDCL 9-22-6, the City Council of the City of Brookings, SD, hereby
designates the following as depositories for Municipal Funds of the City of Brookings for
the ensuing year:
First Bank & Trust
Wells Fargo Bank
Bank Star Financial
Dakotah Bank
Meta Bank
Dakotaland Federal Credit Union
Great Western
SD Public Fund Investment Trust
Passed and approved this 14th day of January, 2020.
CITY OF BROOKINGS
Keith W. Corbett, Mayor
ATTEST:
Bonnie Foster, City Clerk
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 20-002,Version:1
Action on Resolution 20-002, a Resolution designating the Official Newspaper.
Summary:
Pursuant to SDCL 9-12-6 “Designation of official newspapers,” each municipality shall designate at a
meeting of its governing body an official newspaper or newspapers for a period of time, not to be less
than twelve months, specified by the governing body in a resolution. The newspaper shall be
published in the municipality.
Recommendation:
Staff recommends approval.
Attachments:
Resolution
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Resolution 20-002
Resolution designating the Official Newspaper
Pursuant to SDCL 9-12-6, the City Council of the City of Brookings, SD, hereby
designates the Brookings Register as the official newspaper for the City of Brookings for
the ensuing year.
Passed and approved this 14th day of January, 2020.
CITY OF BROOKINGS
Keith W. Corbett, Mayor
ATTEST:
Bonnie Foster, City Clerk
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 20-005,Version:1
Action on Resolution 20-005, a Resolution authorizing Change Order No. 1 (Final) for 2019-08STI
Street Maintenance & Overlay Project; Bowes Construction, Inc.
Summary:
The resolution will approve the final change order for 2019-08STI Street Maintenance & Overlay
Project with Bowes Construction, Inc. to adjust bid quantities to as-constructed quantities and for
extra concrete work on Fallbrook Drive for a total decrease of $28,637.02 to close out the project.
Background:
This project was the annual street maintenance project which includes asphalt milling, digouts and
overlays on various streets in Brookings that were in need of repair. The areas that were repaired
included:
·12th Street South from 17th Avenue South to 22nd Avenue South: full width mill and 2” asphalt
overlay
·8th Street South from Medary Avenue South to 22nd Avenue South: full width mill and 2”
asphalt overlay along with striping the bike lanes at 5’ wide and painting new bike lane
symbols as part of the Bicycle Master Plan
·Fallbrook Drive: full digout and reconstruction of the street from the south side of LeFevre
Drive to 32nd Avenue
·5th Street South & Division Avenue: digout areas, milling along the curb & gutter and a 2”
asphalt overlay.
·7th Street South and Elm Avenue: milling and overlay
·Various smaller areas throughout the City in the need of digouts and patching including
Pheasant Run Road near Pamela Drive and Arrowhead Pass, the intersection of Dean Court
and Craig Court, Teresa Avenue and 9th Avenue South near 20th Street South
The project is completed and is ready to be closed out. This change order will adjust the bid
quantities to as-constructed quantities for a total decrease of $28,637.02 to close out the project.
The decrease in cost for the project was primarily due to the removal of a turnaround on 32nd Ave due
to standing water in the turnaround area.
The substantial completion date for the project was October 18, 2019, however the project exceeded
the substantial completion date by 13 working days. The City is recommending a credit of 7 working
days for excessively wet weather and 6 working days for additional work on Fallbrook Drive. The
time extension would result in no liquidated damages being charged to the contractor.
The following is a summary of the contract:
Original Contract Price:$1,058,869.25
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File #:RES 20-005,Version:1
Change from Previously Approved Change Orders:$0.00
Contract Price Prior to this Change Order:$1,058,869.25
Decrease of this Change Order (No. 1 Final):$28,637.02
Contract Price incorporating this Change Order:$1,030,232.23
Fiscal Impact:
The contract will be decreased by $28,637.02 to close out the project.
Recommendation:
Staff recommends approval of the resolution.
Attachments:
Resolution
Map
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Resolution 20-005
Resolution Authorizing Change Order No. 1, Final, for
2019-08STI Street Maintenance and Overlay Project, Bowes Construction, Inc.
Be It Resolved by the City Council that the following change order be allowed for 2019-
08STI, Street Maintenance and Overlay Project:
Construction Change Order Number 1 (Final): Adjust plan quantities to as-constructed
quantities for a total decrease of $28,637.02 and extend the substantial completion date
by 13 working days to close out the project.
Passed and approved this 14th day of January, 2020.
CITY OF BROOKINGS
________________________________
Keith W. Corbett, Mayor
ATTEST:
_________________________
Bonnie Foster, City Clerk
Excavate:190 c.y.Reclaim:110 c.y.Placement:110 c.y.Base Course:190 tonFabric:520 s.y.Asphalt Concrete:180 tonOil:11 ton
Reclaim:62 c.y.Excavate:165 c.y.Base Course:195 tonAsphalt Concrete:100 tonOil:6 tonPlacement:62 c.y.Fabric:450 s.y.
Reclaim:32 c.y.Excavate:85 c.y.Base Course:100 tonAsphalt Concrete:52 tonOil:3 tonPlacement:32 c.y.Fabric:230 s.y.
Reclaim:67 c.y.Excavate:180 c.y.Base Course:210 tonAsphalt Concrete:110 tonOil:7 tonPlacement:67 c.y.Fabric:480 s.y.
Reclaim:50 c.y.Excavate:130 c.y.Base Course:160 tonAsphalt Concrete:80 tonOil:5 tonPlacement:50 c.y.Fabric:360 s.y.
Reclaim:135 c.y.Excavate:350 c.y.Base Course:420 tonAsphalt Concrete:215 tonOil:13 tonPlacement:135 c.y.Fabric:950 s.y.AVALON CIRHONOR DR
DEAN CTVAIL AVEGOLDENR
OD TRLTANBURY LNPR
IMROSE DR MOR N IN G GLORY DRW IND E RM
ERE WAY14TH AVE S10TH ST S
PINE R IDGE R DDEER LN16TH AVE15TH AVE12TH AVEVINE ST3RD ST S
4TH ST S
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19TH ST S DORAL DRBRIGHTON RDUS HW Y 14
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I 29I 29I 29I 29I 29I 29I29I29MEDARY AVE SMEDARY AVE SREGENC Y CTREGENCY CTMARTIN BLVD 32ND AVEW 8TH ST S 13TH AVE1ST AVE5TH AVES ANT
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REGISTERED P R O F ESSIONA
L ENGINEERS
OUTH D A K O TAR E G . NO.
5683
JACKIE A.
LANNING
5th St. South & Division
Ave Digout, Mill & Overlay
2019-08STI Street Maintenance & Overlay ProjectUNIVERSITY BLVD 8th Street South
Mill & Overlay
12th St. South Mill & Overlay
(17th Ave - 22nd Ave)
Fallbrook Drive
Re-ConstructionElm Ave Mill & Overlay
(5th St. S. to 8th St. S.)
7th St. S. Mill & Overlay
(Elm Ave to Heritage Ave)
Teresa
Avenue
Digout
9th Avenue
& 19th Street
South Digout
Arrowhead Trail Digout
Pheasant Run Rd Digout
Dean Court
Reclaim & Digout
Swiftel Center
Parking Lot
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 20-0021,Version:1
State’s Attorney Dan Nelson will present information to the City Council and the public on the State’s
Attorney Office new Diversion Program, and an update on felony and misdemeanor statistics for
2019.
Attachments:
Presentation
City of Brookings Printed on 1/9/2020Page 1 of 1
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104
80
124 136
45 31 26
67
28 19 16 21
0
50
100
150
2016 2017 2018 YTD 2019
Drug Felony Property Felony Violent Felony
22
22
14
134
189
224
0 50 100 150 200 250
2017
2018
YTD
2019
Felony Conviction Overtime $$$
182 168 174
38 47 43
14 17 18
0
50
100
150
200
2017 2018 2019
First Offense Second Offense Felony DUI
42
24
35
0
10
20
30
40
50
2017 2018 2019
Simple Assault Domestic Violence
110
12
Successful Completions
Unsuccessful Completions
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ORD 20-001,Version:1
Introduction and First Reading on Ordinance 20-001, a Joint Jurisdiction Rezoning Request for the
South 150’ of the East 165’ of Lot 1, Krogman First Addition, in the SE ¼ of the SE ¼ of Section 16
T110N-R50W, from Joint Jurisdiction Residence R-1B to a Joint Jurisdiction Business B-3 Heavy
District (1806 US Highway 14). Public Hearing: February 11, 2020.
Summary:
The applicant is seeking a rezoning request for a portion of property located at 1806 US Highway 14
from JJR-1B to JJB-3 District as the applicant would like to relocate the existing residence and use
the property for a use consistent with the Joint Jurisdiction B-3 District.
Background:
The 2.32-acre property is located just north of US Highway 14 and a portion of the land was rezoned
from JJB-3 to JJR-1B in 1995 to allow for a residence to be constructed. The ownership of the
property has changed and the current owner would like to relocate the existing home to another
location and use the entire parcel for business uses. The land to be rezoned is entirely surrounded
by property zoned JJB-3 with the RJ’s Gas Stop immediately to the south.
Both the County and City Planning Commissions recommended approval of the rezoning request at
the Joint Planning Commission Meeting on December 2, 2019. The County Commissioners and City
Council hear the rezoning request and make the final determination. The rezoning request is
completed through an ordinance which requires two (2) readings.
Findings of Fact:
1.The 2040 City of Brookings Comprehensive Plan shows this general area as either
commercial or low density residential. The City comprehensive plan supports rezoning the
property to JJB-3 District.
2.The general area is predominately zoned JJB-3 District.
Staff Recommendation:
Staff recommends approval of the rezoning request based on the support of the City Comprehensive
Plan and the surrounding land uses.
Planning Commission Recommendation:
The City and County Planning Commissions unanimously recommend approval of the rezoning
request.
Attachments:
Memo
Ordinance
Notice
12-02-2019 Planning Commission Minutes
City of Brookings Printed on 1/9/2020Page 1 of 2
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File #:ORD 20-001,Version:1
Rezoning Applications
Zoning Exhibit Map
Aerial Map
JJB-3 District
County Staff Report
City of Brookings Printed on 1/9/2020Page 2 of 2
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City Council Agenda Memo
From: Mike Struck, Community Development Director
Meeting: January 14, 2020
Subject: Joint Jurisdiction Rezoning Request for the South 150’ of the
East 165’ of Lot 1, Krogman First Addition, in the SE ¼ of
the SE ¼ of Section 16T110N-R50W, from Joint Jurisdiction
Residence R-1B to a Joint Jurisdiction Business B-3 Heavy
District. (1806 US Highway 14)
Person(s) Responsible: Mike Struck, Community Development Director
Summary:
The applicant is seeking a rezoning request for a portion of property located at 1806 US
Highway 14 from JJR-1B to JJB-3 District as the applicant would like to relocate the
existing residence and use the property for a use consistent with the Joint Jurisdiction
B-3 District.
Background:
The 2.32-acre property is located just north of US Highway 14 and a portion of the land
was rezoned from JJB-3 to JJR-1B in 1995 to allow for a residence to be constructed.
The ownership of the property has changed and the current owner would like to relocate
the existing home to another location and use the entire parcel for business uses. The
land to be rezoned is entirely surrounded by property zoned JJB -3 with the RJ’s Gas
Stop immediately to the south.
Both the County and City Planning Commissions recommended approval of the
rezoning request at the Joint Planning Commission Meeting on December 2, 2019.
respective governing bodies. The County Commissioners and City Council hear the
rezoning request and make the final determination. The rezoning request is completed
through an ordinance which requires two (2) readings.
Discussion:
Staff has no concerns with the rezoning request as it is supported by the City
Comprehensive Plan and the existing surrounding land uses.
Legal Consideration:
None.
Financial Consideration:
None.
Options:
The City Council has the following options:
1. Approve as presented
2. Deny
Staff Recommendation:
Staff recommends approval of the rezoning request.
Planning Commission:
The City and County Planning Commissions both unanimously recommend approval of
the rezoning request.
Action Requested:
Approval of the rezoning request.
Supporting Documentation:
1. Memo
2. Ordinance
3. Notice
4. 12-02-2019 Planning Commission Minutes
5. Rezoning Applications
6. Zoning Exhibit Map
7. Aerial Map
8. JJB-3 District
Ordinance 20-001
An ordinance to change the zoning within the Joint Jurisdictional Area surrounding
the City of Brookings
Be It Ordained by the governing body of the City of Brookings and Brookings County,
South Dakota, that Official Joint Jurisdiction Zoning Map shall be amended as follows:
Section 1. That the real estate situated in the Joint Jurisdictional area surrounding the City
of Brookings, County of Brookings, State of South Dakota, described as follows:
South 150’ of the East 165’ of Lot 1, Krogman First Addition, in the SE ¼ of the SE ¼ of
Section 16 T110N-R50W, be and the same is hereby rezoned and reclassified from a
class Joint Jurisdiction Residence R-1B to a Joint Jurisdiction Business B-3 Heavy District
(1806 US Highway 14).
In accordance with Section 800 of Article VIII of Appendix C-Joint Jurisdictional Area
Zoning, of the Brookings Joint Jurisdiction Ordinance, Brookings South Dakota, as said
districts are more fully set forth and described in Articles III, IV, V and VI or Ordinance No.
14-80 Appendix C 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. 14-80
Appendix C of the City of Brookings, South Dakota.
Section 3. All sections and ordinances in conflict herewith are hereby repealed.
First Reading: January 14, 2020
Second Reading and Adoption: February 11, 2020
Published: February 14, 2020
COUNTY OF BROOKINGS CITY OF BROOKINGS
________________________________
Chair Keith Corbett, Mayor
ATTEST: ATTEST:
________________________
Vickie Buseth , Finance Officer Bonnie Foster, City Clerk
If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities
Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting.
Published ______ time(s) at an approximate cost of $ _____________.
NOTICE OF HEARING
UPON PETITION TO REZONE
NOTICE IS HEREBY GIVEN That Caleb Svartoien of EC Properties, LLC
submitted a petition to rezone the following described real estate in the Joint Jurisdiction
Area of the City of Brookings and Brookings County, South Dakota:
The South 150’ East 165’ of Lot 1, Krogman First Addition, SE ¼ SE ¼
Section 16T-110N-R50W, also known as 1806 US Hwy 14, from a Joint
Jurisdiction Residence R-1B Single-Family District to a Joint Jurisdiction
Business B-3 Heavy District.
NOTICE IS FURTHER GIVEN That said request will be acted on by the Brookings
City Council 6:00 PM on Tuesday, February 11, 2020 for Second Reading of Ordinance in
the Chambers Room on the third floor of the Brookings City & County Government Center
at 520 Third Street, Brookings, South Dakota.
Any person interested may appear and be heard in this matter.
Dated this 24th day of January, 2020.
Staci Bungard
City Planner
City & County Joint Planning Commission
Brookings, South Dakota
December 2, 2019
OFFICIAL MINUTES
City Chairperson Eric Rasmussen called the meeting of the City & County Planning
Commission to order on Monday, December 2, 2019, at 7:00 PM in the Chambers Room
#310 on the third floor of the City & County Government Center. City members present were
Tanner Aiken, James Drew, Alan Johnson, Gregg Jorgenson, Jason Meusburger, Lee Ann
Pierce, Greg Fargen and Rasmussen. City member absent was Ashley Biggar. County
members present were Kimberly Elenkiwich-Chairperson, Mike Bartley, Michael McHugh,
Tom Davis, Darrell Nelson, Darrel Kleinjan, Chad Ford, Terrell Spence, Randy Jensen and
non-voting alternate Roger Erickson. Also present were City Planner Staci Bungard,
Community Development Director Mike Struck, County Development Deputy Director Richard
Haugen, Caleb Svartoien, Luke Muller, and others.
Item #3a – Caleb Svartoien of EC Properties LLC has submitted a petition to rezone the
South 150’ East 165’ of Lot 1, Krogman First Addition, SE1/4 SE1/4 Section 16 -T110N-
R50W, also known as 1806 US Hwy 14 from Joint Jurisdiction Residence R -1B Single-Family
District to a Joint Jurisdiction Business B-3 Heavy District.
(Johnson/Aiken) Motion for the City Planning Commission to approve the rezone request. All
present voted aye. MOTION CARRIED.
(Bartley/McHugh) Motion for the County Planning Commission to approve the rezone
request. All present voted aye. MOTION CARRIED.
OFFICIAL SUMMARY
Item #3a – The applicant is seeking a rezone request from a JJR1 -B District to JJB-3 Heavy
Commercial District. This property is located just north of Hwy 14. In 1995 a portion of this
land was rezoned from a JJB-3 to a JJR-1B to allow for a residence to be constructed. The
current owner is planning to relocate the residence and use the whole parcel for commercial
purposes.
The 2040 City of Brookings Comprehensive Plan shows this area as commercial or low
density residential and supports the JJB-3 rezone.
Caleb Svartoien explained that they would like to move the house off of this property and
then use it for commercial purposes. They own a landscaping business and will use this
property for the business.
Pierce requested a list of the permitted uses if this rezoning request is allowed. Bungard
provided a list of the permitted uses and special exception uses allowed by the Board of
Adjustment.
Approximate Area to be rezoned
from JJR1-B to JJB-3
JJB-3
JJB-3 JJB-3
JJR1-B
JJR-1B
JJB-3
B rook ings County, SD
Aeria l Map
120 ft
Overvi ew
Legend
Br ookings City
Limits
City L imits
T ow nship Boundar y
Sections
Parcels
Roa ds
S:\City Engrs\dms\Ordinances\JJA Zoning Ord.DOC41 41
524. Supplementary regulations. See regulations prescribed in Article VII, Sections
700, 710, 720 and 730.
Section 530. Business B-2A professional office.
531. Permitted uses.
.1 Office (0rd. 05-95, 2-28-95)
.2 Personal health service (0rd. 05-95, 2-28-95)
.3 Funeral home or mortuary (0rd. 05-95, 2-28-95)
.4 Pharmacy (Ord. 5-95, 2-28-95)
532. Area regulations.
.1 All buildings and incidental uses on lots adjacent to a residential district shall be
located to provide a twenty-five (25) foot side yard on the side abutting the resi-
dential district. When adjacent to other than residential districts, no side yard is
required; however, where side yards are provided for such a building, each such
side yard shall be not less than six (6) feet in width. No minimum lot area or
building frontage shall be required.
.2 Front yard. There shall be a front yard on each street which a lot abuts, which
yard shall be not less than twenty-five (25) feet in depth.
.3 Rear yard. No building shall be within twenty (20) feet of the rear lot line.
533. Supplementary regulations. See regulations prescribed in Article VII, Sections 700,
710, 720 and 730.
Section 540. Business B-3 heavy.
541. Permitted uses.
.1 Retail or service store (Ord. 5-95, 2-28-95)
.2 Personal service store (Ord. 5-95, 2-28-95)
.3 Personal health service (Ord. 5-95, 2-28-95)
.4 Office (Ord. 5-95, 2-28-95)
.5 Hotel (Ord. 5-95, 2-28-95)
.6 Drive-in food service (Ord. 5-95, 2-28-95)
.7 Public transportation facility (Ord. 5-95, 2-28-95)
.8 Public utility facility (Ord. 5-95, 2-28-95)
.9 Funeral home or mortuary (Ord. 5-95, 2-28-95)
S:\City Engrs\dms\Ordinances\JJA Zoning Ord.DOC42 42
.10 Financial institution (Ord. 5-95, 2-28-95)
.11 Grocery supermarket (Ord. 5-95, 2-28-95)
.12 Automobile sales (Ord. 5-95, 2-28-95)
.13 Gas dispensing station (Ord. 5-95, 2-28-95)
.14 Parking facility or lot (Ord. 5-95, 2-28-95)
.15 Indoor or outdoor recreational facility (Ord. 5-95, 2-28-95)
.16 Car wash (Ord. 5-95, 2-28-95)
.17 Animal hospital (Ord. 5-95, 2-28-95)
.18 Temporary storage facility (Ord. 5-95, 2-28-95)
.19 Reverse vending machine (Ord. 5-95, 2-28-95)
.20 Motel (Ord. 5-95, 2-28-95)
.21 Day care facility (Ord. 5-95, 2-28-95)
542. Uses allowed as special exceptions by the Board of Adjustment.
.1 Outdoor sales (Ord. 5-95, 2-28-95)
.2 Storage and warehousing (Ord. 5-95, 2-28-95)
.3 Lumberyard (Ord. 5-95, 2-28-95)
.4 Nursery or greenhouse (Ord. 5-95, 2-28-95)
.5 Automobile service station (Ord. 5-95, 2-28-95)
.6 Motor vehicle repair shop (Ord. 5-95, 2-28-95)
.7 Citizens dropoff for recyclables (Ord. 5-95, 2-28-95)
.8 Buy back center for recyclables (Ord. 5-95, 2-28-95)
.9 Household hazardous waste site (Ord. 5-95, 2-28-95)
.10 Transfer site for recyclables (Ord. 5-95, 2-28-95)
.11 Light processing facility (Ord. 5-95, 2-28-95)
.12 Contractors shop and storage yard (Ord. 5-95, 2-28-95)
.13 Seasonal roadside stand/operation (Ord. 5-95, 2-28-95)
.14 Assembling and packaging (Ord. 5-95, 2-28-95)
.15 Freight handling (Ord. 5-95, 2-28-95)
.16 Manufacturing, light (Ord. 5-95, 2-28-95)
.17 Utility truck and trailer rental (Ord. 5-95, 2-28-95)
.18 Kennel (Ord. 5-95, 2-28-95)
.19 Wholesale trade (0rd. 5-95, 2-28-95)
543. Area regulations.
.1 All buildings and incidental uses on lots adjacent to a residential district shall be
located to provide a fifty (50) foot side yard on the side abutting the residential
district. When adjacent to other than residential districts, no side yard is required;
however, where side yards are provided for such a building, each such side yard
shall not be less than six (6) feet in width.
.2 Front yard. There shall be a front yard on each street which a lot abuts, which yard
shall be not less than twenty (20) feet in depth.
2019rz001
Staff Report
December 2, 2019
Page 1 of 2
BROOKINGS COUNTY DEVELOPMENT
Brookings City & County Government Center
520 3rd Street, Suite 200
BROOKINGS, SOUTH DAKOTA 57006
(605)-696-8350
E-Mail: zoning@brookingscountysd.gov
Brookings County Planning and Zoning Commission- Joint Meeting
With City of Brookings Planning Commission.
December 2, 2019 – 7:00 PM meeting
2019rz001 – December 2, 2019
Prepared by Richard Haugen
Applicant/Owner: Caleb Svartoien, owner of EC Properties LLC, 1806 US Hwy 14, Brookings, SD
57006
Legal Description: “S150’ of the E165’ of Lot 1 Krogman 1st Addition in the SE1/4 SE1/4 of
Section 16, T110N, R50W (Brookings Township)” ~~ located at 1806 US Hwy 14, Brookings, SD
57006.
2019rz001: Caleb Svartoien owner of EC Properties LLC has applied for rezoning of
approximately .56 acres of land from a Joint Jurisdiction R-1B to Joint Jurisdiction B-3. The
property is located in the Brookings County/Brookings City Joint Jurisdictional area at 1806 US
Hwy 14, which is just west the landmark known as Cameron’s Corner. The 2.32 acre parcel was
originally JJ-B-3. The portion that is being rezone was rezoned in 1995 to R-1B to allow a
residence at that location. As noted on the attached plat, there is a 30 feet access easement on
Lot 2 for access to Lot 1, where the property to be rezoned is located. The current owner is
going to move the house off and would like to use the entire parcel for his landscaping
business. The balance of the property is zoned B-3 and this would make the whole parcel B-3
with the City of Brookings having the Zoning Control. The City of Brookings Community
Development has no objections to the rezoning request.
The rezoning request will be heard by a joint meeting of the Brookings County Planning
and Zoning Commission and the City of Brookings Planning and Zoning Commission as it is
located in the Joint Jurisdiction Area. The decision made by the Joint Planning Commission’s is a
recommendation to Brookings County Commission and the Brookings City Council for the final
decision of the rezoning request.
2019rz001
Staff Report
December 2, 2019
Page 2 of 2
Public notices were published in the Brookings Register on November 18 and 26, 2019.
The applicant notified abutting landowner’s by certified mail of the proposed rezoning request
at least 10 days prior to the public hearing.
Letters were sent to the Brookings Township Chairman and Clerk.
Approximate Area to be rezoned
from JJR1-B to JJB-3
JJB-3
JJB-3 JJB-3
JJR1-B
JJR-1B
JJB-3
Entrance off US Hwy 14 2019rz001: Caleb Svartoien
for EC Properties LLC.
30 feet access
easement driveway on
Lot 2 for Lot 1 access
off US Hwy 14.
House to be moved off.Current B-3 Zoned area north
of house used for landscape
business
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 20-0029,Version:1
Action on Motion to Proceed with bidding process and construction for the Bob Shelden Athletic
Complex Renovation Project.
Summary:
The City Council has determined the Bob Shelden Athletic Complex Renovation to be a priority
project. Last year, a resolution was adopted authorizing the 2019 Series, $7.1M Bond to fund the
Larson Ice Arena, Bob Shelden and additional infrastructure upgrades. Staff recommends Council’s
approval to proceed with bidding and construction services for the Bob Shelden Athletic Complex
Renovation Project. The anticipated cost of the construction and engineering services is $2.8M.
Background:
The current Bob Shelden Field Complex was originally constructed in 1968 and includes a joint use,
full-sized natural grass baseball field and a full-sized football field. The field includes a lighting
system installed in 1980, permanent bleachers installed in 1989, irrigation system installed in 1990,
bullpen area, electronic scoreboard, concrete dugouts, and roofed grandstand seating with a press
box. Other buildings within the complex include a ticket booth/utility building and a
maintenance/garage building originally built with the facility in 1968. The concession stand/restroom
building was replaced in 2011. A shared-use parking lot serves the baseball field complex as well as
adjacent youth baseball/softball fields of the Dwiggins-Medary Complex and the Brookings High
School Track Facility.
Funding approval for the Bob Shelden Athletic Field Complex Renovation is necessary prior to
bidding the project. The facility is located at 621 Medary Avenue and is adjacent to the High School
campus. The complex is one of the primary amenities in the Dwiggins-Medary Community Park.
The City-owned facility is a dual-purpose athletic field and hosts youth baseball activities under the
auspices of the City’s Park, Recreation, and Forestry Department. Due to its age, the facility and
many of its components are in need of replacement.
Fiscal Impact:
Staff is recommending utilizing 2019 series bond proceeds to finance the project. The anticipated
construction and engineering costs are $2.8M; additionally, the City’s 2020 budget needs to be
amended to reflect this capital investment.
Recommendation:
Staff recommends approval.
Attachments:
Memo
Resolution 19-025
City of Brookings Printed on 1/9/2020Page 1 of 1
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City Council Agenda Memo
From: Jackie Lanning, City Engineer; Dusty Rodiek, Director of
Parks, Rec. and Forestry; Erick Rangel, CFO
Council Meeting: January 14, 2020
Subject: Action on Motion to Proceed with bidding process and
construction for the Bob Shelden Athletic Complex
Renovation Project.
Person(s) Responsible: Dusty Rodiek, Director of Parks, Rec. & Forestry
Summary:
The City Council has determined the Bob Shelden Athletic Complex Renovation to be a
priority project. Last year, a resolution was adopted authorizing the 2019 Series, $7.1M
Bond to fund the Larson Ice Arena, Bob Shelden and additional infrastructure upgrades.
Staff recommends Council’s approval to proceed with bidding and construction services
for the Bob Shelden Athletic Complex Renovation Project. The anticipated cost of the
construction and engineering services is $2.8M.
Background:
The current Bob Shelden Field Complex was originally constructed in 1968 and includes
a joint use, full-sized natural grass baseball field and a full-sized football field. The field
includes a lighting system installed in 1980, permanent bleachers installed in 1989,
irrigation system installed in 1990, bullpen area, electronic scoreboard, concrete
dugouts, and roofed grandstand seating with a press box. Other buildings within the
complex include a ticket booth/utility building and a maintenance/garage building
originally built with the facility in 1968. The concession stand/restroom building was
replaced in 2011. A shared-use parking lot serves the baseball field complex as well as
adjacent youth baseball/softball fields of the Dwiggins-Medary Complex and the
Brookings High School Track Facility.
Funding approval for the Bob Shelden Athletic Field Complex Renovation is necessary
prior to bidding the project. The facility is located at 621 Medary Avenue and is
adjacent to the High School campus. The complex is one of the primary amenities in
the Dwiggins-Medary Community Park. The City-owned facility is a dual-purpose
athletic field and hosts youth baseball activities under the auspices of the City’s Park,
Recreation, and Forestry Department. Due to its age, the f acility and many of its
components are in need of replacement.
Discussion:
The Bob Shelden renovation project will focus on the following priority areas:
Field Lighting – New field light poles with attached energy efficient LED fixtures will
be installed. The new lighting will bring the light levels on the field to established
safety standards for facilities of this type.
Spectator Experience – Improvements related to the fan experience will include the
replacement of the grandstand seating area/canopy, perimeter fencing, and
spectator circulation and safety.
Parking Area - The shared use parking area will be completely reconstructed. The
parking orientation and location of the landscape islands will be reoriented to
improve traffic flow and create seven additional parking stalls. Particular attention
will be paid to drainage, and the use of permeable pavers will assist with storm water
management.
Playing Field – Project elements related to the playing field include shifting the
playing surface to the south to preserve the existing mature trees on site, improved
field drainage through proper grading, and additional drain tiling, field fencing,
backstop netting, dugouts, and irrigation. *Note – Synthetic Field Turf will be
included as an option in the bid, but contingent upon successful fundraising from the
Friends of Baseball group.
The project schedule has been coordinated and approved with the Friends of Baseball
Association and is slated for April - November 2020.
At this time, City Council action assures proper project funding; however, future Council
action for award of bids will determine the final cost of the project. It is anticipated the
award of bids will take place in February 2020 and the City Council will have an
additional opportunity at that time for further discussion on final project outcomes, cost,
and expectations.
Legal Consideration:
None.
Financial Consideration:
Staff is recommending utilizing 2019 series bond proceeds to finance the project. The
anticipated construction and engineering costs are $2.8M; additionally, the City’s 2020
budget needs to be amended to reflect this capital investment.
The estimated construction cost breakdown by component is as follows:
Project Component Estimated Cost
Paving, Fencing, Lighting $584,000
Baseball Field – Natural turf infield/outfield fencing $505,000
Parking Lot $466,000
Field Lighting $385,000
Site Demolition $150,000
Grandstands – 500 bleacher seats $150,000
Dugouts – CMU, metal roofing $130,000
Canopy $125,000
Press Box $75,000
Construction admin and contingency $230,000
Cost Estimate Total $2,800,000
After drawing the proposed amount from the 2019 bond, the remaining available
balance will be $300K, which could be used as additional contingency or to fund other
priority infrastructure projects.
Lastly, staff plans on engaging user groups to identify revenue opportunities as funds
will need to be set aside for future maintenance of the facility.
Options:
The City Council has the following options:
1. Approve a motion to amend 2020’s budget to include the estimated construction
costs and proceed with bidding and construction process for the project.
2. Deny a motion to amend 2020’s budget; and as a result, do not proceed with the
bidding and construction process for the project.
Recommendation:
Staff recommends approving a motion to amend the 2020 budget to include the
estimated construction costs and proceed with bidding and construction process for the
project.
Action Requested:
Approve a motion to amend the 2020 budget to include the estimated construction costs
and proceed with bidding and construction process for the Bob Shelden Athletic
Complex Renovation Project.
Attachments
Resolution 19-025
RESOLUTION 19-025
RESOLUTION AUTHORIZING THE EXECUTION, TERMS, ISSUANCE, SALE, AND
PAYMENT OF SALES TAX REVENUE BONDS, SERIES 2019 IN THE AGGREGATE
PRINCIPAL AMOUNT OF NOT TO EXCEED SEVEN MILLION ONE HUNDRED
THOUSAND DOLLARS ($7,100,000), OF THE CITY OF BROOKINGS OF
BROOKINGS COUNTY, SOUTH DAKOTA TO PROVIDE FUNDS TO PAY COSTS
ASSOCIATED WITH PUBLIC IMPROVEMENTS INCLUDING THE RENOVATION
OF THE LARSON ICE CENTER AND THE BOB SHELDEN BASEBALL FIELDS, AND
COSTS OF ISSUANCE.
WHEREAS, the City of Brookings is authorized by the provisions of SDCL § 10-52-2.10 to issue
Sales Tax Revenue Bonds to pay costs associated with the public improvements including the
renovation of the Larson Ice Center and the Bob Shelden Baseball Fields; and
WHEREAS, the City of Brookings, pursuant to the provisions of Article II, Chapter 78 of the
Revised Ordinances of the City of Brookings, South Dakota, pledges the proceeds of the City's
two percent (2%) sales and service tax and use tax collected in each year; and
WHEREAS, the City Council has determined and does hereby declare that it is necessary and in
the best interest of the City to issue Sales Tax Revenue Bonds, Series 2019 for the purpose of
providing funds to (i) pay costs associated with Public improvements including the renovation of
the Larson Ice Center and the Bob Shelden Baseball Fields, and (ii) pay the Costs of Issuance of
the Bonds described herein.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
BROOKINGS OF BROOKINGS COUNTY, AS FOLLOWS:
ARTICLE I
DEFINITIONS
Section 1.1. Definition of Terms.
In addition to the words and terms elsewhere defined in this Bond Resolution, the following
words and terms as used herein, whether or not the words have initial capitals, shall have the
following meanings, unless the context or use indicates another or different meaning or intent,
and such definitions shall be equally applicable to both the singular and plural forms of any of
the words and terms herein defined:
"Act" means collectively SDCL Chapter 6-8B and Chapter 10-52-2.10, as amended.
"Authorized Officer of the City" means the Mayor and the Finance Officer, or, in the case of any
act to be performed or duty to be discharged, any other member, officer, or employee of the City
then authorized to perform such act or discharge such duty.
"Bond Counsel" means Meierhenry Sargent LLP, a firm of attorneys recognized as having
experience in matters relating to the issuance of state or local governmental obligations.
"Bond Payment Date" means the payment dates as provided in the Bond Purchase Agreement.
"Bond Purchase Agreement" means the agreement between the City and the Purchaser for the
purchase of the Bonds.
"Bond Resolution" means the within Resolution, duly adopted by the City Council on the date
hereof, as it may be amended from time to time.
"Bonds" mean not to exceed $7,100,000 of Sales Tax Revenue Bonds, Series 2019, dated the
Closing Date, or such other designation or date as shall be determined by the City Council
pursuant to Section 8.1 hereof, authorized and issued under the Bond Resolution.
"City" means the City of Brookings, Brookings County, South Dakota, a Home Rule with City
Manager form of municipality organized under the State of South Dakota.
"City Council" means the Council Members of the City elected pursuant to the provisions of the
SDCL Title 9.
"City Finance Officer" "Finance Officer" means the Chief Finance Officer or chief financial
officer of the City appointed pursuant to the provisions of South Dakota Codified Laws Title 9
or, in the absence of such appointment or in the event the person so appointed is unable or
incapable of acting in such capacity, the person appointed by the City Council to perform the
duties otherwise performed by the City Finance Officer, or his/her designee.
"Closing Date" means the date the Bonds are exchanged for value.
"Code" means the Internal Revenue Code of 1986, as amended, and the applicable regulations of
the United States Department of Treasury promulgated thereunder as in effect on the date of
issuance of the Bonds.
"Costs of Issuance" means all costs, fees, charges and expenses incurred in connection with the
issuance of the Bonds, including costs for bond insurance and rating agency fees.
"Debt" means (1) indebtedness of the City for borrowed money or for the deferred purchase price
of property or services, and expressly including the obligation to pay principal and interest on or
with respect to revenue bonds, (2) the obligation of the City as lessee under leases which should
be recorded as capital leases under generally accepted accounting principles, and (3) obligations
of the City under direct or indirect guarantees in respect of, and obligations, contingent or
otherwise, to purchase or otherwise acquire, or otherwise to assure a creditor against loss in
respect of, indebtedness or obligations of others of the kinds referred to in subdivisions (1) and
(2) above.
"Interest Payment Dates" means the payment dates as provided in the Bond Purchase Agreement.
"Mayor" means the Mayor elected pursuant to the provisions of SDCL Chapter 9 or his or her
designee acting on his or her behalf.
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"Paying Agent and Registrar" means the Finance Officer of the City of Brookings, its successor
or successors hereafter appointed in the manner provided in Article VI hereof.
"Person" means an individual, partnership, corporation, trust, or unincorporated organization, or
a governmental entity or agency or political subdivision thereof.
"Placement Agent" means Dougherty & Company LLC acting for and on behalf of itself and
such securities dealers as it may designate.
"Pledged Sales Tax" means the proceeds of the proceeds of the City's Sales Tax collected in
each year.
"President" means the President of the City Council who may act for the Mayor in the absence of
the Mayor.
"Public Improvements" means improvements to any structure, building, or other improvements
of any kind to real property, including the renovation of the Larson Ice Center and the Bob
Shelden Baseball Fields.
"Purchase Agreement" means the Bond Purchase Agreement authorized pursuant to and
described in Section 8.1 hereof by and between the City and the Purchaser.
"Purchaser" means the purchaser of the Bonds.
"Reserve Requirement" means the lesser of (i) 10% of the original principal amount of the
Bonds, (ii) the maximum annual debt service on the Bonds, or (iii) 125% of the average annual
debt service on, all outstanding Bonds having a parity lien on the Pledged Sales.
"Resolution" means this Bond Resolution.
"Sales Tax" means the City's two percent (2%) retail occupational sales and service tax imposed
upon the gross receipts of all persons engaged in business within the jurisdiction of the city who
are subject to the South Dakota Retail Occupational Sales and Service Tax, SDCL Chapter 10-45
(SDCL 10-45-1 et seq.) and the two percent (2%) excise tax on the privilege of the use, storage
and consumption within the jurisdiction of the city of tangible personal property purchased, at
the same rate as the municipal sales and service tax as provided in section 78-32 upon all
transactions or use, storage and consumption which are subject to the South Dakota Use Tax Act,
SDCL Chapter 10-46 (SDCL 10-46-1 et seq.).
"Schedule" means the principal and interest payment schedule for the Bonds.
Section 1.2. References to Resolution.
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The words "hereof", "herein", "hereunder", and other words of similar import refer to this Bond
Resolution as a whole.
Section 1.3. References to Articles, Sections, Etc.
References to Articles, Sections, and other subdivisions of this Bond Resolution are to the
designated Articles, Sections, and other subdivisions of this Bond Resolution as originally
adopted.
Section 1.4. Headings.
The headings of this Bond Resolution are for convenience only and shall not define or limit the
provisions hereof.
ARTICLE II
FINDINGS
Section 2.1
It is hereby found, declared a necessity and determined by the City Council that all limitations
upon the issuance of Bonds have been met and the Bonds are being authorized, issued and sold
in accordance with the provisions of the Act.
ARTICLE III
AUTHORITY, PLEDGE, LEVY AND ACCOUNTS
Section 3.1 Authority.
The City declares it necessary and is authorized by SDCL 10-52-2.10 to issue Bonds to finance
the costs associated with the public improvements and pay Costs of Issuance. The sales tax
revenue bonds shall be issued pursuant to, and in accordance with, the provisions of the Act, the
Bond Resolution, and other applicable provisions of law.
Section 3.2 Pledge of Sales Tax.
The City pledges so much of the collections of the Pledged Sales Tax as may be necessary to pay
the principal, premium, and interest on the Bonds, and to maintain any debt service reserve
established for the Bonds, if any.
Section 3.3. Collection of Taxes.
Pursuant to SDCL 10-52-2.10, the City does hereby pledge, provide and agree that it will
continue to impose and collect the Pledged Sales Tax so long as the Bonds are outstanding. The
governing body shall also pledge so much of the collections of the Pledged Sales Tax as may be
necessary to pay the principal, premium and interest on the bonds and to maintain any Debt
Service Reserve established for the Bonds.
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Section 3.4. Accounts.
(a) Sales Tax. The Finance Officer will administer, enforce and collect, or cause to be
administered, enforced and collected, the Sales Tax on goods and services subject to taxes and
shall take all reasonable action necessary for this responsibility in accordance with law and
standard principles of accounting. Notwithstanding the following named accounts, the Finance
Officer may establish such accounts as are required by the South Dakota Legislative Audit
Municipal Accounting Manual.
(b) Construction Account. There is hereby created and established a "Construction Account"
There shall be credited to the Construction Account the proceeds from the sale of the Bonds
remaining after (a) the deposit to the Reserve Account required by Section 3.04(d), and (b)
payment of the (i) Purchaser's discount, (ii) original issue discount and (iii) any other expenses
of issuing the Bonds. All moneys credited to the Construction Account shall be applied solely to
the payment of the costs associated with the Public Improvements.
(c) Principal and Interest Account. There is hereby created and established a "Principal and
Interest Account." Immediately upon delivery of the Bonds, there shall be credited to the
Principal and Interest Account the amount of accrued interest received from the Purchaser.
Commencing on the date specified in the Bond Purchase Agreement, there shall be withdrawn
from the Sales Tax receipts at least monthly and credited to the Principal and Interest Account an
amount which, together with future credits, will be sufficient to pay the principal of and interest
on the Outstanding Bonds as the same become due.
(d) Reserve Account. There is hereby created and established a "Reserve Account." There shall
be credited to the Reserve Account from the proceeds of the Bonds, an amount equal to the
Reserve Requirement. Thereafter, in the event that the amount on deposit in the Reserve Account
shall thereafter fall below the Reserve Requirement, additional deposits shall be made from the
Pledged Sales Tax to the Reserve Account until the Reserve Requirement is again reached. Upon
the issuance of any parity lien bonds, the Reserve Requirement established in this section shall
be increased to an amount equal to the combined maximum annual debt service on the
Outstanding Bonds. The balance required shall be funded on the delivery date of the parity lien
bonds. Moneys credited to the Reserve Account may be used only for the payment of principal
of and interest on the Outstanding Bonds and shall be used only in the event that there are
insufficient moneys in the Principal and Interest Account to meet such principal and interest
payments promptly when due. The interest from any investment of the Reserve Account may be
transferred from time to time to the Construction Account, provided that after completion of the
Improvements such interest shall be transferred to the Principal and Interest Account. No transfer
of investment income shall be made from the Reserve Account at any time when the balance
therein is less than the Reserve Requirement. Such investments shall be subject to the limitations
of South Dakota law.
(e) Subordinate Lien Bonds. After making the above required payments, any remaining Pledged
Sales Tax may be used for the payment of the principal of and interest on any additional sales tax
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revenue bonds having a lien which is subordinate to the lien of the Outstanding Bonds, and for a
reserve fund as additional security for the payment of such subordinate lien bonds.
(f) Other Expenditures. The remaining Pledged Sales Tax may be used for any legally
authorized purpose.
ARTICLE IV
FORM, TERMS, EXECUTION, AND TRANSFER OF BONDS
Section 4.1. Authorized Bonds.
The aggregate principal amount of Bonds that may be issued under the Bond Resolution shall not
exceed Seven Million One Hundred Thousand and No/100 Dollars ($7,100,000).
Section 4.2. Form of Bonds; Execution.
(a) The Bonds are issuable only as fully registered Bonds, without coupons, in any
denomination. All Bonds issued under the Resolution shall be substantially in the form set forth
in Exhibit A attached hereto, and by this reference incorporated herein as fully as though copied.
(b) The Bonds shall be executed in such manner as may be prescribed by applicable law in the
name and on behalf of the City with the manual or facsimile signature of the Mayor, attested by
the manual or facsimile signature of the City Finance Officer, and approved as to form and
countersigned by a Resident Attorney by his manual or facsimile signature.
(c) In the event any officer whose manual or facsimile signature shall appear on any Bonds shall
cease to be such officer before the delivery of such Bonds, such manual or such facsimile
signature shall nevertheless be valid and sufficient for all purposes as if he or she had remained
in office until such delivery. Any Bonds may bear the facsimile signature of, or may be manually
signed by, such individuals who, at the actual time of the execution of such Bonds, were the
proper officers of the City to sign such Bonds, although on the date of the adoption by the City of
this Resolution, such individuals may not have been such officers.
Section 4.3 Maturities, Interest Rates, and Certain Other Provisions of Bonds.
(a) The Bonds shall become due and payable and be subject to the terms and conditions as are
set forth in the Bond Purchase Agreement.
(b) The Bonds shall be designated "Sales Tax Revenue Bonds, Series 2019," or such other
designation as shall be determined by the City Council pursuant to Section 8.1 hereof. The
Bonds shall bear interest from their date or from the most recent interest payment date to which
interest has been paid or duly provided for, until the principal amount of the Bonds is paid, such
interest (computed upon the basis of a 360-day year of twelve 30-day months) being payable on
Interest Payment Dates. Interest on each Bond shall be paid by wire transfer, check or draft of
the Paying Agent, payable in lawful money of the United States of America, to the person in
whose name such Bond is registered at the close of business on the Record Date. The principal
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of the Bond shall be payable in lawful money of the United States of America at the principal
office of the Paying Agent on the Bond Payment Date. Each Bond shall state that it is issued
pursuant to the Act.
(c) The Paying Agent and Registrar shall make all interest payments with respect to the Bonds
on each interest payment date directly to the registered owners as shown on the bond registration
records maintained by the Paying Agent and Registrar as of the close of business on the Record
Date by wire transfer, check or draft mailed to such owners at their addresses shown on said
bond registration records, without, except for final payment, the presentation or surrender of such
registered Bonds, and all such payments shall discharge the obligations of the City in respect of
such Bonds to the extent of the payments so made. Payment of principal and premium, if any, on
the Bonds shall be made upon presentation and surrender of such Bonds to the Paying Agent and
Registrar as the same shall become due and payable.
Section 4.4 Negotiability of Bonds.
All Bonds issued under this Resolution shall be negotiable, subject to the prov1s1ons for
registration and transfer contained in this Resolution and in the Bonds.
Section 4.5 Registration, Transfer and Exchange of Bonds.
(a) The Bonds are transferable only by presentation to the Paying Agent and Registrar by the
registered owner, or his legal representative duly authorized in writing, of the registered bond(s)
to be transferred with the form of assignment on the reverse side thereof completed in full and
signed with the name of the registered owner as it appears upon the face of the bond(s)
accompanied by appropriate documentation necessary to prove the legal capacity of any legal
representative of the registered owner. Upon receipt of the bond(s) in such form and with such
documentation, if any, the Paying Agent and Registrar shall issue a new bond or bonds to the
assignee(s) in $1.00 denominations, or integral multiples thereof, as requested by the registered
owner requesting transfer. The Paying Agent and Registrar shall not be required to transfer or
exchange any bond during the period commencing on a Record Date and ending on the
corresponding interest payment date of such bond, nor to transfer or exchange any bond after the
publication of notice calling such bond for redemption has been made, nor to transfer or
exchange any bond during the period following the receipt of instructions from the City to call
such bond for redemption; provided, the Paying Agent and Registrar, at its option, may make
transfers after any of said dates. No charge shall be made to any registered owner for the
privilege of transferring any Bonds, provided that any transfer tax relating to such transaction
shall be paid by the registered owner requesting transfer. The person in whose name any bond
shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes
and neither the City nor the Paying Agent and Registrar shall be affected by any notice to the
contrary whether or not any payments due on the Bonds shall be overdue. Bonds, upon surrender
to the Paying Agent and Registrar, may, at the option of the registered owner, be exchanged for
an equal aggregate principal amount of Bonds of the same maturity in any authorized
denomination or denominations.
Section 4.6 Mutilated, Lost, Stolen, or Destroyed Bonds.
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(a) In the event any bond is mutilated, lost, stolen, or destroyed, the City may execute, and upon
the request of an Authorized Officer of the City the Paying Agent and Registrar shall
authenticate and deliver, a new bond of like maturity, interest rate, and principal amount, and
bearing the same number (but with appropriate designation indicating that such new bond is a
replacement bond) as the mutilated, destroyed, lost, or stolen bond, in exchange for the mutilated
bond or in substitution for the bond so destroyed, lost, or stolen. In every case of exchange or
substitution, the bondholder shall furnish to the City and the Paying Agent and Registrar: (1)
such security or indemnity as may be required by them to save each of them harmless from all
risks, however remote; and, (2) evidence to their satisfaction of the mutilation, destruction, loss,
or theft of the subject bond and the ownership thereof. Upon the issuance of any bond upon such
exchange or substitution, the City and the Paying Agent and Registrar may require the Owner
thereof to pay a sum sufficient to defray any tax or other governmental charge that may be
imposed in relation thereto and any other expenses, including printing costs and counsel fees, of
the City and the Paying Agent and Registrar. In the event any bond which has matured or is
about to mature shall become mutilated or be destroyed, lost, or stolen, the City may, instead of
issuing a bond in exchange or substitution therefor, pay or authorize the payment of the same
(without surrender thereof except in the case of a mutilated bond) if the Owner thereof shall pay
all costs and expenses, including attorneys' fees, incurred by the City and the Paying Agent and
Registrar in connection herewith, as well as a sum sufficient to defray any tax or other
governmental charge that may be imposed in relation thereto and shall furnish to the City and the
Paying Agent and Registrar such security or indemnity as they may require to save them
harmless and evidence to the satisfaction of the City and the Paying Agent and Registrar the
mutilation, destruction, loss, or theft of such bond and of the ownership thereof.
(b) Every bond issued pursuant to the provisions of this section shall constitute an additional
contractual obligation of the City (whether or not the destroyed, lost, or stolen bond shall be
found at any time to be enforceable) and shall be entitled to all the benefits of this Bond
Resolution equally and proportionately with any and all other Bonds duly issued under this Bond
Resolution.
(c) All Bonds shall be held and owned upon the express condition that the provisions of this
Section are exclusive, with respect to the replacement or payment of mutilated, destroyed, lost,
or stolen Bonds, and, to the maximum extent legally permissible, shall preclude all other rights
or remedies, notwithstanding any law or statute now existing or hereafter enacted to the contrary.
Section 4. 7 Authentication.
The Paying Agent and Registrar is hereby authorized to authenticate and deliver the Bonds to the
Purchaser or as it may designate upon receipt by the City of the proceeds of the sale thereof, to
authenticate and deliver Bonds in exchange for Bonds of the same principal amount delivered for
transfer upon receipt of the bond(s) to be transferred in proper form with proper documentation
as hereinabove described. The Bonds shall not be valid for any purpose unless authenticated by
the Paying Agent and Registrar by the manual signature of an officer thereof on the certificate set
forth herein on the bond form.
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ARTICLE V
REDEMPTION OF BONDS PRIOR TO MATURITY
Section 5.1 Redemption.
(a) Redemption. The Bonds shall be redeemable as set forth in the Bond Purchase Agreement.
ARTICLE VI
PAYING AGENT AND REGISTRAR
Section 6.1. Appointment and Acceptance of Duties.
(a) The City hereby authorizes the City Finance Officer as Paying Agent and Registrar with
respect to the Bonds and authorizes and directs the Paying Agent and Registrar to maintain bond
registration records with respect to the Bonds, to authenticate and deliver the Bonds as provided
herein, either at original issuance, upon transfer, or as otherwise directed by the City, to effect
transfers of the Bonds, to give all notices of redemption as required herein, to make all payments
of principal and interest with respect to the Bonds as provided herein, to cancel and destroy
Bonds which have been paid at maturity or upon earlier redemption or submitted for exchange or
transfer, to furnish the City· at least annually a certificate of destruction with respect to Bonds
canceled and destroyed, and to furnish the City at least annually an audit confirmation of Bonds
paid, Bonds Outstanding and payments made with respect to interest on the Bonds. The Mayor
and the City Finance Officer, or either of them is hereby authorized to execute and the City
Finance Officer is hereby authorized to attest such written agreement between the City and the
Paying Agent and Registrar as they shall deem necessary or proper with respect to the
obligations, duties and rights of the Paying Agent and Registrar. The payment of all reasonable
fees and expenses of the Paying Agent and Registrar for the discharge of its duties and
obligations hereunder or under any such agreement is hereby authorized and directed.
Section 6.2. Permitted Acts and Functions.
The Paying Agent and Registrar may become the Owner of any Bonds, with the same rights as it
would have if it were not a Paying Agent and Registrar. The Paying Agent and Registrar may act
as an Purchaser or fiscal agent in connection with the sale of the Bonds or of any other securities
offered or issued by the City.
Section 6.3. Resignation or Removal of the Paying Agent and Registrar and Appointment
of Successors.
(a) The Paying Agent and Registrar may at any time resign and be discharged of the duties and
obligations created by the Bond Resolution by giving at least sixty (60) calendar days' written
notice to the City Finance Officer. The Paying Agent and Registrar may be removed at any time
by the City Finance Officer, provided that such removal does not constitute a breach of any
contractual agreement with any such Paying Agent and Registrar, by filing written notice of such
removal with such Paying Agent and Registrar. Any successor Paying Agent and Registrar shall
be appointed by the City Finance Officer and shall be a trust company or a bank having the
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powers of a trust company willing to accept the office of Paying Agent and Registrar on
reasonable and customary terms and authorized by law to perform all the duties imposed upon it
by the Bond Resolution.
(b) In the event of the resignation or removal of the Paying Agent and Registrar, such Paying
Agent and Registrar shall pay over, assign and deliver any monies and securities held by it as
Paying Agent and Registrar, and all books and records and other properties held by it as Paying
Agent and Registrar, to its successor, or if there be no successor then appointed, to the City
Finance Officer until such successor be appointed.
Section 6.4. Merger or Consolidation of Paying Agent and Registrar.
Any corporation or association into which the Paying Agent and Registrar may be converted or
merged, or with which it may be consolidated, or to which it may sell or transfer its trust
business and assets as a whole, or substantially as a whole, or any corporation or association
resulting from any such conversion, sale, merger, consolidation, or transfer to which it is a party
shall be and become successor Paying Agent and Registrar hereunder and shall be vested with all
the trusts, powers, discretion, immunities, privileges, and other matters as was its predecessor,
without the execution or filing of any instrument or any further act, deed, or conveyance on the
part of any of the parties hereto, anything herein contained to the contrary notwithstanding. Upon
any such conversion, merger, consolidation, sale or transfer, the City Finance Officer shall have
the right and option, upon notice to such converted, merged, consolidated or acquiring entity, to
remove such entity and appoint a successor thereto pursuant to the procedures and requirements
set forth in Section 6.3 hereof.
ARTICLE VII
ADDITIONAL BONDS
The City may issue additional bonds (the "Parity Bonds") payable from the Pledged Sales Tax
and having a lien upon such revenues on a parity with the Bonds and the Outstanding Parity
Bonds providing that:
1. the City is current in the payment of principal and interest on the Outstanding Bonds
and is current in the collections required for the Principal and Interest Account and the Reserve
Account.
2. the City is in compliance with all covenants of outstanding sales tax revenue bonds
and
3. the Pledged Sales Tax collected by the City in the last preceding fiscal year are
sufficient to cover 1.25 times the combined average annual principal and interest requirements
on the Outstanding Bonds and the proposed Parity Bonds.
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ARTICLE VIII
SALE OF BONDS AND DEPOSIT OF PROCEEDS
Section 8.1. Sale of Bonds.
The Bonds shall be sold to the Purchaser at a price to be set forth in the Bond Purchase
Agreement. The Mayor and the Finance Officer, or either of them, in consultation with the
Purchaser, is authorized to make such changes in the structuring of the terms and sale of the
Bonds as they shall deem necessary. In this regard, they, or either of them, in consultation with
the Purchaser, are authorized to cause to be sold an aggregate principal amount of the Bonds less
than that authorized herein, to sell any or all of the Bonds as term Bonds with annual mandatory
redemption requirements which will produce substantially the same annual principal reductions
as authorized herein, to change the dated date of the Bonds, and to adjust principal and interest
payment dates and redemption dates of the Bonds. The form of the bond set forth in Exhibit A
attached hereto shall be conformed to reflect any changes, if any, as hereinbefore mentioned. The
Mayor and the City Finance Officer, or either of them, are hereby authorized to execute and the
City Finance Officer is authorized to attest the Bond Purchase Agreement with the Purchaser
providing for the purchase and sale of the Bonds. The Bond Purchase Agreement shall be in
form and content acceptable to the Mayor and City Finance Officer, the execution thereof by
either of them to constitute conclusive evidence thereof, provided the Bond Purchase Agreement
effects the sale of the Bonds in accordance with the provisions of this Resolution, and is not
inconsistent with the terms hereof. The Mayor and the City Finance Officer are authorized to
cause the Bonds to be authenticated and delivered by the Paying Agent and Registrar to the
Purchaser and to execute, publish, and deliver all Bonds and documents, including the Official
Statement, and closing Bonds and documents, as they shall deem necessary in connection with
the sale and delivery of the Bonds.
Section 8.2. Disposition of Bond Proceeds.
The proceeds of the sale of the Bonds shall be disbursed as follows:
(a) An amount, if any, necessary to fund the Reserve Account;
(b) An amount to fund the designated Capital Improvements will be deposited into the
Construction Account; and
(c) Any remaining amount will be used to pay the costs of issuance and sale of the Bonds
including necessary legal, accounting and fiscal expenses, printing, engraving, advertising and
similar expenses, administrative and clerical costs, rating agency fees, Paying Agent and
Registrar fees, and other necessary miscellaneous expenses incurred in connection with the
issuance and sale of the Bonds. Any funds remaining after payment of said expenses shall be
used to pay interest on the Bonds on the first interest payment date following delivery of the
Bonds.
10
In the event that the Bonds will be draw down bond, all draws after the initial draw disbursed in
accordance with Section 8.2(a) through 8.2(c), shall be deposited in the Construction Account.
Section 8.3. Tax Matters.
(a) The City covenants and agrees with the registered owners from time to time of the Bonds that
it will not take or permit to be taken by any of its officers, employees or agents any action which
would cause the interest on the Bonds to become includable in gross income for federal income
tax purposes under the Code and applicable Treasury Regulations (the "Regulations"), and
covenants to take any and all actions within its powers to ensure that the basic interest on the
Bonds will not become includable in gross income for federal income tax purposes under the
Code and the Regulations.
(b) The Mayor and the City Finance Officer, being the officers of the City charged with the
responsibility for issuing the Bonds pursuant to this Resolution are hereby authorized and
directed to execute and deliver to the Purchaser thereof a certificate in accordance with the
provisions of Section 148 of the Code, and Section 1.148-2(b) of the Regulations, stating that on
the basis of facts, estimates and circumstances in existence on the date of issue and delivery of
the Bonds, it is reasonably expected that the proceeds of the Bonds will be used in a manner that
would not cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the
Code and the Regulations.
(c) The City shall file with the Secretary of the Treasury a statement concerning the Bonds
containing the information required by Section 149( e) of the Code.
ARTICLE IX
MISCELLANEOUS
Section 9.1. Failure to Present Bonds.
(a) Subject to the provisions of Section 4.7 hereof, in the event any Bond shall not be presented
for payment when the principal or redemption price hereof becomes due, either at maturity or at
the date fixed for prior redemption thereof or otherwise, and in the event monies sufficient to pay
such Bond shall be held by the Paying Agent and Registrar for the benefit of the Owner thereof,
all liability of the City to such Owner for the payment of such Bond shall forthwith cease,
determine, and be completely discharged. Whereupon, the Paying Agent and Registrar shall hold
such monies, without liability for interest thereon, for the benefit of the Owner of such Bond who
shall thereafter be restricted exclusively to such monies for any claim under the Resolution or on,
or with respect to, said Bonds.
(b) If any Bond shall not be presented for payment within a period of five years following the
date when such Bond becomes due, whether by maturity or otherwise, the Paying Agent and
Registrar shall, subject to the provisions of any applicable escheat or other similar law, pay to the
City any monies then held by the Paying Agent and Registrar for the payment of such Bond and
11
such Bond shall (subject to the defense of any applicable statute of limitation) thereafter
constitute an unsecured obligation of the City.
Section 9.2. Payments Due on Saturdays, Sundays, and Holidays.
In any case where the date of maturity or interest on or principal of any Bonds, or the date fixed
for redemption of any Bonds, shall be a Saturday or Sunday or shall be, at the place designated
for payment, a legal holiday or a day on which banking institutions similar to the Paying Agent
and Registrar are authorized by law to close, then the payment of the interest on, or the principal,
or the redemption price of, such Bond need not be made on such date but must be made on the
next succeeding day not a Saturday, Sunday, or a legal holiday or a day upon which banking
institutions similar to the Paying Agent and Registrar are authorized by law to close, with the
same force and effect as if made on the date of maturity or the date fixed for redemption, and no
interest shall accrue for the period after such date.
Section 9.3. Miscellaneous Acts.
The appropriate officers of the City are hereby authorized, empowered, and directed to do any
and all such acts and things, and to execute, acknowledge, deliver, and, if applicable file or
record, or cause to be filed or recorded, in any appropriate public offices, all such documents,
instruments, and certifications, in addition to those acts, things, documents, instruments, and
certifications hereinbefore authorized and approved, as may, in their discretion, be necessary or
desirable to implement or comply with the intent of the Bond Resolution, or any of the
documents herein authorized and approved, or for the authorization, issuance, and delivery by
the City of the Bonds.
Section 9.4. Amendment.
The City Council is hereby authorized to make such amendments to the Bond Resolution as will
not impair the rights of the Bondholders.
Section 9.5. No Recourse Under Bond Resolution or on Bonds.
All stipulations, promises, agreements, and obligations of the City contained in the Resolution or
any supplemental resolutions shall be deemed to be the stipulations, promises, agreements, and
obligations of the City and not of any officer, director, or employee of the City in his or her
individual capacity, and no recourse shall be had for the payment of the principal of or interest
on the Bonds or for any claim based thereon or on the Resolution against any officer, director, or
employee of the City or against any official or individual executing the Bonds.
Section 9.6. Partial Invalidity.
If any one or more of the provisions of the Bond Resolution, or of any exhibit or attachment
thereto, shall be held invalid, illegal, or unenforceable in any respect, by final decree of any court
of lawful jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other
12
provision hereof, or of any exhibit or attachment thereto, but the Bond Resolution, and the
exhibits and attachments thereto, shall be construed the same as if such invalid, illegal, or
unenforceable provision had never been contained herein, or therein, as the case may be.
Section 9. 7. Post Issuance Compliance.
The City does hereby adopt Meierhenry Sargent LLP Post Issuance Compliance Manual
procedures with regard to the Bonds. The City directs the Finance Officer to formalize the
written procedures.
Section 9.9. Conflicting Resolutions Repealed.
All resolutions or parts thereof in conflict herewith are, to the extent of such conflict, hereby
repealed.
Said motion was Council Member Kidwiler, seconded by Council Member Hansen, and
upon vote being taken the following voted AYE: All
and the following voted NAY: None
Keith Corbett, Mayor
(SEAL)
13
REGISTERED
No. «No»
Initial Interest Rate
%
Registered Owner:
EXHIBIT A-(FORM OF BOND)
UNITED STATES OF AMERICA
STATE OF SOUTH DAKOTA
CITY OF BROOKINGS
BROOKINGS COUNTY, SOUTH DAKOTA
SALES TAX REVENUE BONDS, SERIES 2019
Maturity Date
«maturity»
Maximum Principal Amount: « AND N0\1 00 DOLLARS
REGISTERED
$.00
Bond Date
REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THE CERTIFICATE SET FORTH ON THE
FOLLOWING PAGES, WHICH FURTHER PROVISIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF
SET FORTH AT THIS PLACE.
It is hereby certified and recited that all conditions, acts and things required by law to exist or to be done precedent to
and in the issuance of this Bond did exist, have happened, been done and performed in regular and due form and time as
required by law.
This Bond shall not be valid or become obligatory for any purpose or be entitled to any benefit or security under the
Resolution until it shall have been authenticated by the execution by the Registrar of the certificate of authentication endorsed
hereon.
IN WITNESS WHEREOF, the City has caused this Bond to be signed by the manual or facsimile signature of its
Mayor of the City and to be countersigned by the manual or facsimile signature of its City Finance Officer all as of the Bond Date
specified above.
ATTEST: City of Brookings, South Dakota
By:
Acting City Clerk
Mayor
COUNTERSIGNED:
Resident Attorney
CERTIFICATE OF AUTHENTICATION
This bond is a bond of the series designated therein and has been issued under the provisions of the within-mentioned
Resolution and the date of its authentication is , 2019.
Bond Registrar and Paying Agent
By: _________ _
City Finance Officer
14
KNOW ALL MEN BY THESE PRESENTS: That the City of Brookings, South Dakota (the "City"), in Brookings County,
South Dakota, hereby acknowledges itself to owe and for value received promises to pay the Principal Amount as indicated in
the Principal Schedule attached to this Bond, to the Registered Owner mentioned above in lawful money of the United States of
America, together with interest thereon from the Bond Date mentioned above at the Initial Interest Rate mentioned above
[Adjusted interest rate provisions]. The interest hereon is payable in each year to maturity or earlier
redemption by wire transfer, check or draft mailed to the Registered Owner at its address as it appears on the Bond registration
books of the City maintained by the City Finance Officer, Brookings, South Dakota, as Bond registrar and paying agent (the
"Registrar"), on the close of business on the last day (whether or not a business day) of the calendar month next preceding such
interest payment date (the "Record Date"). The principal hereof due at maturity or upon redemption prior to maturity is payable
at the office of Registrar upon presentation and surrender of this Bond at maturity or upon earlier redemption. The principal of,
premium (if any) and interest on this Bond is payable in any coin or currency of the United States of America which, at the time of
payment, is legal tender for the payment of public and private debts.
This Bond is one of an authorized issue of Bonds limited in aggregate principal amount to a maximum of $7,100,000 (the
"Bonds") all of like date and tenor except as to maturity, interest rates and privileges of redemption, the proceeds of this issue
(Series 2019) will be used for the purpose of providing funds by appropriation to pay costs associated with the public
improvements including to the renovation of the Larson ice Center and the Bob Shelden Baseball Fields, and pay the Costs of
Issuance of the Bonds, pursuant to a resolution duly and regularly adopted by the City (the "Bond Resolution"), and are subject
to all the provisions and limitations of the Resolution and Chapters 10-52-2.10 and 6-SB, South Dakota Codified Laws, as
amended. The City has pledged and agreed to collect, so long as the Bonds are outstanding, the City's Sales Tax as defined in
the Resolution.
The City may issue additional bonds (the "Parity Bonds") payable from the Pledged Sales Tax and having a lien upon
such revenues on a parity with the Bonds and the Outstanding Parity Bonds providing that: ( 1) the City is current in the payment
of principal and interest on the Outstanding Bonds and is current in the collections required for the Principal and Interest Account
and the Reserve Account, (2) the City is in compliance with all covenants of outstanding sales tax revenue bonds, and (3) the
Pledged Sales Tax collected by the City in the last preceding fiscal year are sufficient to cover 1.25 times the combined average
annual principal and interest requirements on the Outstanding Bonds and the proposed Parity Bonds.
[Redemption Provisions]
This Bond is transferable by the registered holder hereof in person or by his attorney duly authorized in writing at the
office of the Bond Registrar in, but only in the manner, subject to the limitations and upon payment of the charges provided in the
Bond Resolution, and upon surrender and cancellation of this Bond. Upon such transfer a new Bond or Bonds of authorized
denomination of the same maturity and for the same aggregate principal amount will be issued to the transferee in exchange
therefore.
The City and the Bond Registrar may deem and treat the registered holder hereof as the absolute owner hereof and
neither the City nor the Bond Registrar shall be affected by any notice to the contrary.
Ladies and Gentlemen:
BOND OPINION
$7,100,000
City of Brookings
Brookings County, South Dakota
Sales Tax Revenue Bonds, Series 2019
We have acted as bond counsel in connection with the issuance by the City of Brookings (the "Issuer") of $7,100,000
Sales Tax Revenue Bonds, Series 2019, dated __ , 2019, (the "Bonds"). We have examined such certified
proceedings and other papers as we deem necessary to render this opinion.
15
As to questions of fact material to our opinion, we have relied upon the certified proceedings and other certifications of
public officials furnished to us, without undertaking to verify such facts by independent investigation.
Based upon the foregoing, we are of the opinion that, under existing law:
1. The Issuer is duly created and validly existing as a body corporate and politic and public instrumentality of the State
of South Dakota with the corporate power to adopt and perform the Resolution and issue the Bonds.
2. Resolution has been duly adopted by the Issuer on _______ , 2019 and constitutes a valid
and binding obligation of the Issuer enforceable upon the Issuer.
3. The Resolution pledges the City's two percent non-ad valorem sales, service and use tax authorized by SDCL §10-
52-2.1 0 and imposed by the provisions of Article II, Chapter 78 of the Revised Ordinances of the City of Brookings (the "Sales
Tax) in an amount sufficient to pay principal, premium and interest when due on the Bonds.
4. The Bonds have been duly authorized, executed and delivered by the Issuer and are valid and binding special
obligations of the Issuer, payable solely from City's Sales Tax.
5. The interest on the Bonds is excluded from gross income for federal income tax purposes and is not an item of tax
preference for purposes of the federal alternative minimum tax. The opinions set forth in the preceding sentence are subject to
the condition that the Issuer comply with all requirements of the Internal Revenue Code of 1986 as amended, that must be
satisfied subsequent to the issuance of the Bonds in order that interest thereon be, or continue to be, excluded from gross
income for federal income tax purposes. The Issuer has covenanted to comply with each such requirement. Failure to comply
with certain of such requirements may cause the inclusion of interest on the Bonds in gross income for federal income tax
purposes to be retroactive to the date of issuance of the Bonds. We express no opinion regarding other federal tax
consequences arising with respect to the Bonds.
6. The Bonds are free from taxation within the State of South Dakota, except for estate, inheritance taxes and taxes
imposed upon financial institutions under chapter 10-43. We express no further opinions regarding other South Dakota tax
consequences arising with regard to the Bonds.
It is to be understood that the rights of the holders of the Bonds and the enforceability thereof may be subject to
bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors' rights heretofore or hereafter
enacted to the extent constitutionally applicable and that their enforcement may be subject to the exercise of judicial discretion in
accordance with general principles of equity and subject to regulatory requirements under the laws of the United States and of
the State of South Dakota.
Meierhenry Sargent LLP
(Form of Assignment)
FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto
the within Certificate and all rights thereunder, and hereby irrevocably constitutes and appoints
attorney to transfer the within Certificate on the books kept for registration thereof, with full power of substitution in the premises.
Dated:
NOTICE: The signature to this Assignment must correspond
with the name as it appears upon the face of the within Certificate
in every particular, without alteration or enlargement or any
change whatever.
16
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ORD 20-002,Version:2
Introduction and First Reading on Ordinance 20-002, an Ordinance authorizing Supplemental
Appropriation No. 1 to the 2020 Budget. Second Reading: January 28, 2020.
Summary:
This ordinance will amend the 2020 Budget to draw $2,800,000 funds from the 2019 Bond to cover
the estimated construction cost for the Bob Shelden Project.
Recommendation:
Staff recommends approval of the ordinance as presented.
Attachments:
Memo
Ordinance
City of Brookings Printed on 1/9/2020Page 1 of 1
powered by Legistar™
City Council Agenda Memo
From: Jackie Lanning, City Engineer; Dusty Rodiek, Director of
Parks, Rec. and Forestry; Erick Rangel, CFO
Council Meeting: January 14, 2020
Subject: First Reading on Ordinance 20-002, An Ordinance
Authorizing Supplemental Appropriation No. 1 to the 2020
Budget
Person(s) Responsible: Erick Rangel, CFO
Summary:
The City Council has determined the Bob Shelden Athletic Complex Renovation to be a
priority project. Last year, a resolution was adopted authorizing the 2019 Series, $7.1M
Bond to fund the Larson Ice Arena, Bob Shelden and additional infrastructure upgrades.
Staff recommends Council’s approval of the budget amendment for the bidding and
construction services for the Bob Shelden Athletic Complex Renovation Project. The
anticipated cost of the construction and engineering services is $2.8M.
Background:
The current Bob Shelden Field Complex was originally constructed in 1968 and includes
a joint use, full-sized natural grass baseball field and a full-sized football field. The field
includes a lighting system installed in 1980, permanent bleachers installed in 1989,
irrigation system installed in 1990, bullpen area, electronic scoreboard, concrete
dugouts and roofed grandstand seating with a press box. Other buildings within the
complex include a ticket booth/utility building and a maintenance/garage building
originally built with the facility in 1968. The concession stand/restroom building was
replaced in 2011. A shared-use parking lot serves the baseball field complex as well as
adjacent youth baseball/softball fields of the Dwiggins-Medary Complex and the
Brookings High School Track Facility.
Funding approval for the Bob Shelden Athletic Field Complex Renovation is necessary
prior to bidding the project. The facility is located at 621 Medary Avenue and is
adjacent to the High School campus. The complex is one of the primary amenities in
the Dwiggins-Medary Community Park. The City-owned facility is a dual-purpose
athletic field and hosts youth baseball activities under the auspices of the City’s Park,
Recreation, and Forestry. Department. Due to its age, the facility and many of its
components are in need of replacement.
Discussion:
The Bob Shelden renovation project will focus on the following priority areas:
Field Lighting – New field light poles with attached energy efficient LED fixtures will
be installed. The new lighting will bring the light levels on the field to established
safety standards for facilities of this type.
Spectator Experience – Improvements related to the fan experience will include the
replacement of the grandstand seating area/canopy, perimeter fencing and spectator
circulation and safety.
Parking Area - The shared use parking area will be completely reconstructed. The
parking orientation and location of the landscape islands will be reoriented to
improve traffic flow and create seven additional parking stalls. Particular attention
will be paid to drainage and the use of permeable pavers will assist with storm wate r
management.
Playing Field – Project elements related to the playing field include shifting the
playing surface to the south to preserve the existing mature trees on site, improved
field drainage through proper grading and additional drain tiling, field f encing,
backstop netting, dugouts and irrigation. *Note – Synthetic Field Turf will be included
as an option in the bid but contingent upon successful fundraising from the Friends
of Baseball group.
The project schedule has been coordinated and approved with the Friends of Baseball
Association and is slated for April – November 2020.
At this time, City Council action assures proper project funding, however, future Council
action for award of bids will determine the final cost of the project. It is anticipated that
the award of bids will take place in February 2020 and City Council will have an
additional opportunity at that time for further discussion on final project outcomes, cost,
and expectations.
Legal Consideration:
None.
Financial Consideration:
Staff is recommending utilizing 2019 series bond proceeds to finance the project. The
anticipated construction and engineering costs are $2.8M; additionally, the City’s 2020
budget needs to be amended to reflect this capital investment.
The estimated construction cost breakdown by component is as follows:
Project Component Estimated Cost
Paving, Fencing, Lighting $584,000
Baseball Field – Natural turf infield/outfield fencing $505,000
Parking Lot $466,000
Field Lighting $385,000
Site Demolition $150,000
Grandstands – 500 bleacher seats $150,000
Dugouts – CMU, metal roofing $130,000
Canopy $125,000
Press Box $75,000
Construction admin and contingency $230,000
Cost Estimate Total $2,800,000
After drawing the proposed amount from the 2019 bond, the remaining available
balance will be $300K, which could be used as additional contingency or to fund other
priority infrastructure projects.
Lastly, staff plans on engaging user groups to identify revenue opportunities as funds
will need to be set aside for future maintenance of the facility.
Options:
The City Council has the following options:
1. Approve the ordinance to amend 2020’s budget to include the estimated
construction costs.
2. Approve with recommended adjustments
3. Deny
Recommendation:
Approve the ordinance to amend the 2020 budget to include the estimated construction
costs for the Bob Shelden Athletic Complex Renovation Project.
Action Requested:
Approve the ordinance as presented.
Attachments
Ordinance
Resolution 19-025
Ordinance 20-002
An Ordinance Authorizing Supplemental Appropriation No. 1 to the 2020 Budget
Be It Ordained by the City of Brookings, South Dakota:
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 2020 budget:
Part 1 – Change Increase/(Decrease)
Bob Shelden Capital Project Fund
527-000-4-663-50 Bond Proceeds
2,800,000.00 Bond Proceeds for Bob Shelden design
Total Change in Revenue
2,800,000.00
527-000-5-911-00 Buildings & Structures
2,800,000.00 Estimated Construction Cost for Bob Shelden's project
Total Change in Expenditures
2,800,000.00
All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
First Reading: January 14, 2020
Second Reading: January 28, 2020
Published: January 31, 2020
CITY OF BROOKINGS
_________________________
ATTEST: Keith W. Corbett, Mayor
____________________________
Bonnie Foster, City Clerk
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ORD 19-021,Version:2
Second Reading on Ordinance 19-021, an Ordinance Authorizing Supplemental Appropriation #5 to
the 2019 Budget.
Summary:
This ordinance will amend the 2019 Budget for the following change:
1)To update 2019’s Budget to account for the promissory note proceeds (revenue) and
payment (expense) related to SDSU’s Performing Arts Center Expansion
Background:
Resolution 15-125 approved the $6 million asset allocation from the Public Improvement Fund for the
expansion of and the equipping and furnishing of the Performing Arts Center facility at South Dakota
State University.
The City planned to finance the $6 million through an interest free promissory note with a current 5-
year maturity.
In 2017, the City of Brookings paid the first installment of $5.5 million to SDSU using promissory note
funds. This transaction is reflected in the 75% Sales Use and Tax Fund’s budget for 2017.
Final payment of $0.5 million is due this year. The City has already received the note proceeds to
fund this last installment. However, the transaction was not budgeted in 2019’s budget
Fiscal Impact:
The proposed amendment has no impact in 2019’s budget as the $0.5 million note proceeds net the
$0.5 million payment to SDSU. The City has budgeted for the promissory note payments in its 10-
year Capital Improvement Plan
Recommendation:
Staff recommends approval of the Ordinance as presented
Attachments:
Memo
Ordinance
Resolution 15-125
City of Brookings Printed on 1/9/2020Page 1 of 1
powered by Legistar™
City Council Agenda Memo
From: Erick Rangel, Chief Financial Officer
Council Meeting: December 10, 2019
Subject: Introduction and First Reading on Ordinance 19-021, an
Ordinance Authorizing Supplemental Appropriation # 5 to the
2019 Budget.
Person(s) Responsible: Erick Rangel, Chief Financial Officer
Summary:
This ordinance will amend the 2019 Budget for the following change:
1) To update 2019’s Budget to account for the promissory note proceeds (revenue)
and payment (expense) related to SDSU’s Performing Arts Center Expansion
Background:
Resolution 15-125 approved the $6 million asset allocation from the Public Improvement
Fund for the expansion of and the equipping and furnishing of the Performing Arts
Center facility at South Dakota State University.
The City planned to finance the $6 million through an interest free promissory note with
a current 5-year maturity.
In 2017, the City of Brookings paid the first installment of $5.5 million to SDSU using
promissory note funds. This transaction is reflected in the 75% Sales Use and Tax
Fund’s budget for 2017.
Final payment of $0.5 million is due this year. The City has already received the note
proceeds to fund this last installment. However, the transaction was not bud geted in
2019’s budget.
Discussion: Staff recommends the proposed budget amendment.
Legal Consideration: None.
Financial Consideration:
The proposed amendment has no impact in 2019’s budget as the $0.5 million note
proceeds net the $0.5 million payment to SDSU. The City has budgeted for the
promissory note payments in its 10-year Capital Improvement Plan
Options: The City Council has the following options:
1. Approve as presented
2. Approve with recommended adjustments
3. Deny
Recommendation: Staff recommends approval of the Ordinance as presented.
Action Requested: Approval of the Ordinance to amend the 2019 Budget.
Supporting Documentation:
1. Ordinance
2. Resolution 15-125
Ordinance 19-021
An Ordinance Authorizing a Supplemental Appropriation to the 2019 Budget
Be It Ordained by the City of Brookings, South Dakota:
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 2019 budget:
Part 1 – Change Increase/(Decrease)
All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
First Reading: December 10, 2019
Second Reading: January 14, 2020
Published: January 17, 2020
CITY OF BROOKINGS
_________________________
Keith W. Corbett, Mayor
ATTEST:
____________________________
Bonnie Foster, City Clerk
75% Sales and Use Tax
Change
Increase/
(Decrease)
Justification
Revenue
213-000-4-663-50 Bond Proceeds 500,000.00 Promissory Note Proceeds to fund final payment for PAC II Expansion
Total Change in revenue 500,000.00
Expense
213-000-5-856-81 SDSU Performing Arts Center II (500,000.00) Last payment for the $6M commitment for the PAC II Expansion RES 15-125
Total change in expense (500,000.00)
Total Impact to current budget -
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 20-003,Version:1
Action on Resolution 20-003, a Resolution authorizing the transfer of Real Property to Brookings
Economic Development Corporation for Economic Development Purposes.
Summary:
The Brookings Economic Development Corporation desires to purchase approximately eight (8)
acres of real property described as a portion of Block Eleven (11) of Freeland Addition to the City of
Brookings, for the price of Sixty-five thousand three hundred forty dollars ($65,340) per acre for a
total of $522,720.
Background:
The Brookings Economic Development Corporation is tasked with the furthering economic growth
and development within the City of Brookings. Furthermore, The Brookings Economic Development
Corporation is delegated with selling, conveying or otherwise transferring property to businesses in
efforts to expand the base in the City of Brookings.
Fiscal Impact:
Approximately eight (8) acres of real property for the price of Sixty-five thousand three hundred forty
dollars ($65,340) per acre for a total of $522,720. Additionally, the developer will complete a
drainage study and contribute towards stormwater improvements to a regional pond.
Recommendation:
Staff recommends approval.
Attachments:
Memo
Resolution
Map
City of Brookings Printed on 1/9/2020Page 1 of 1
powered by Legistar™
City Council Agenda Memo
From: Paul Briseno, City Manager
Council Meeting: January 14, 2020
Subject: Transfer of Real Property to Brookings Economic
Development Corporation
Person(s) Responsible: Paul Briseno, City Manager
Summary:
The Brookings Economic Development Corporation desires to purchase approximately
eight (8) acres of real property described as a portion of Block Eleven (11) of Freeland
Addition to the City of Brookings, for the price of Sixty-five thousand three hundred forty
dollars ($65,340) per acre for a total of $522,720.
Background:
The Brookings Economic Development Corporation is tasked with the furthering
economic growth and development within the City of Brookings. Furthermore, The
Brookings Economic Development Corporation is delegated with selling, conveying or
otherwise transferring property to businesses in efforts to expand the base in the City of
Brookings.
Discussion:
The Brookings Economic Development Corporation worked with a developer over the
past six (6) months to solidify a business to be located in the Freeland Addition, which is
located east of 32nd Avenue and north of the bypass. In order to facilitate this
development, the Economic Development Corporation seeks the purchase of eight (8)
acres.
The Investment Committee met and recommends the sale of land with the following
conditions:
Sale of eight (8) acres at $1.50 sq. ft. = $522,720
City will consider development of a regional pond to serve property
Developer will prepare a drainage study to include impact and needs of regional
pond, provided developer seeks off -site storm water retention solutions
Developer will pay for stormwater improvements to a regional pond required to
accommodate retention of storm water originating on the aforemen tioned eight
(8) acre parcel
Legal Consideration:
None.
Financial Consideration:
Approximately eight (8) acres of real property for the price of Sixty-five thousand three
hundred forty dollars ($65,340) per acre for a total of $522,720. Additionally, the
developer will complete a drainage study and contribute towards stormwater
improvements to a regional pond.
Options:
The City Council has the following options:
1. Approve as presented
2. Approve with amendment(s)
3. Deny
4. Move to a Work Session
Recommendation:
Staff recommends approval of the resolution as presented.
Action Requested:
Approve the resolution to transfer property to the Brookings Economic Development
Corporation
Supporting Documentation:
1. Resolution
2. Map
Resolution 20-003
Resolution Authorizing the transfer of Real Property to Brookings Economic
Development Corporation for Economic Development Purposes
Be It Resolved by the City Council of the City of Brookings, South Dakota as follows:
Whereas, the Brookings Economic Development Corporation desires to purchase
approximately eight (8) acres of real property described as a portion of Block Eleven
(11) of Freeland Addition to the City of Brookings, for the price of Sixty-five thousand
three hundred forty dollars ($65,340) per acre; and
Whereas, the sale of the property requires stormwater improvements and financial
contribution based on a drainage study; and
Whereas, the cost of added detention for the development of this parcel of real property
will be paid by the future land owner; and
Whereas, for the express purpose of furthering economic growth and development of
the City of Brookings, South Dakota, the Brookings Economic Development Corporation
agrees to sell, convey or otherwise transfer said property to a business which is, or will
be, conducting business in the City of Brookings, South Dakota ; and
Whereas, it is in the best interests of the City of Brookings that the City provide its
economic development assistance in this matter to aid and as sist with the completion of
the aforesaid transaction which will further economic development in the City of
Brookings; and
Whereas, the City is authorized to enter into this transaction as an economic
development activity under the laws of the State of South Dakota.
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 the Brookings
Economic Development Corporation for sale of the above-described property to
a business in a manner consistent with this Resolution ; and
B. That the Mayor, City Clerk, City Manager and City Attorney are authorized to
execute the required documents in accordance with this Resolution.
Dated at Brookings, SD, this 14th day of January, 2020.
CITY OF BROOKINGS
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Keith W. Corbett, Mayor
ATTEST:
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Bonnie Foster, City Clerk