HomeMy WebLinkAbout2020_01_28 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 28, 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. 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.
3.A. Action to approve the agenda.
3.B.ID 20-0039 Action to approve the January 14 and January 21, 2020 City Council
minutes.
1/14/2020 Minutes
1/21/2020 Minutes
Attachments:
3.C.RES 20-007 Action on Resolution 20-007, a Resolution authorizing the City Manager to
sign a Wine Operating Agreement 5-year renewal for ERL, LLC, dba The
Depot, 921 20th St. So., Kathy McClemans, Robb McClemans, and Liz
Page 1 City of Brookings
January 28, 2020City Council Meeting Agenda
Memo
Resolution
Appendix
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
6.C.RES 20-014 Action on Resolution 20-014, a Resolution authorizing a Interfund Loan
from the Landfill Fund to the Fire Department to be used for the purchase
of a 2020 Fire Engine.
Memo
Resolution
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
7. 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.
7.A.ORD 20-003 Introduction and First Reading on Ordinance 20-003, an Ordinance
Authorizing Supplemental Appropriation No. 2 to the 2020 Budget.
Second Reading: February 11, 2020.
Memo
Ordinance
Map
Attachments:
8. Public Hearings and Second Readings:
8.A.ORD 20-002 Second Reading and Action on Ordinance 20-002, an Ordinance
authorizing Supplemental Appropriation No. 1 to the 2020 Budget.
Memo
Ordinance
Resolution 19-025
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
Legislative History
1/14/20 City Council read into the record
8.B.ID 20-0002 Public Hearing and Action on a Temporary Liquor Application from St.
Thomas More Catholic School, to operate within the City of Brookings,
South Dakota, on February 1, 2020, for a Winter Gala and Grand Auction
to be held at 1700 8th Street South.
NoticeAttachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
8.C.RES 20-010 Public Hearing and Action on Resolution 20-010, a Resolution of Intent to
Lease Real Property at Brookings Airport to Madison Aircraft, LLC.
Page 3 City of Brookings
January 28, 2020City Council Meeting Agenda
Memo
Resolution
Notice
Map
Attachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
8.D.RES 20-011 Public Hearing and Action on Resolution 20-011, a Resolution of Intent to
Lease Real Property at Brookings Airport to Civil Air Patrol Inc.
Memo
Resolution
Notice
Map
Attachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
9. Other Business:
9.A.RES 20-012 Action on Resolution 20-012, a Resolution Amending the Consolidated
Fee Schedule.
Memo
Resolution - Marked
Resolution - Clean
2020 Consolidated Fee Schedule - Marked
2020 Consolidated Fee Schedule - Clean
Ordinance 19-020
Resolution 19-075
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
9.B.RES 20-013 Action on Resolution 20-013, a Resolution Authorizing the City Manager to
sign a Memorandum of Understanding between the South Dakota
Department of Transportation (SDDOT) and the City of Brookings for the
20th Street South BUILD Project.
Memo
Resolution
MOU
Letter to DOT from CM
Letter to City from DOT
Map
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
10.ID 20-0053 City of Brookings Progress Report.
11. City Council member introduction of topics for future discussion.
Page 4 City of Brookings
January 28, 2020City Council Meeting Agenda
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 5 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 20-0039,Version:1
Action to approve the January 14 and January 21, 2020 City Council minutes.
Attachments:
01/14/2020 Minutes
01/21/2020 Minutes
City of Brookings Printed on 1/24/2020Page 1 of 1
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Brookings City Council
January 14, 2020 (unapproved)
The Brookings City Council held a meeting on Tuesday, January 14, 2020 at 6:00 PM,
at City Hall with the following City Council members present: Mayor Keith Corbett,
Council Members Patty Bacon, Leah Brink, Dan Hansen, Holly Tilton Byrne, and Ope
Niemeyer. Absent: Council Member Nick Wendell. City Attorney Steve Britzman, City
Manager Paul Briseno, and City Clerk Bonnie Foster were also present.
Executive Session. A motion was made by Council Member Hansen, seconded by
Council Member Brink, to enter into Executive Session at 6:01 p.m., 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, with the City
Manager, City Attorney and City Clerk present. The motion carried by a unanimous
vote. A motion was made by Council Member Bacon, seconded by Council Member
Brink, to exit Executive Session at 6:06 p.m. The motion carried by a unanimous vote.
6:00 PM REGULAR MEETING
Consent Agenda:A motion was made by Council Member Hansen, seconded by
Council Member Tilton Byrne, to approve the Consent Agenda. The motion carried by
the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Brink, Bacon, and Tilton Byrne;
Absent: 1 – Wendell.
4.A. Action to approve the agenda.
4.B. Action to approve the December 10, 2019 City Council Minutes.
4.C. Action on Resolution 20-001, a Resolution designating the depositories for
municipal funds.
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, and SD Public
Fund Investment Trust.
4.D. Action on Resolution 20-002, a Resolution designating the Official
Newspaper.
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.
4.E. Action on Resolution 20-005, a Resolution authorizing Change Order No. 1
(Final) for 2019-08STI Street Maintenance & Overlay Project; Bowes Construction,
Inc.
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.
SDSU Student Association Report. Hattie Seten, SDSU Students Association
Government Affairs Chair, provided an update on SDSU happenings to the City Council
and public.
State’s Attorney Office Presentation. State’s Attorney Dan Nelson presented
information on the State’s Attorney Office Diversion Program, and provided an update
on felony and misdemeanor statistics for 2019 to the City Council and the public.
FIRST READING – Ordinance 20-001. Introduction and First Reading was held 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.
Motion to Proceed. A motion to proceed with the bidding process and construction for
the Bob Shelden Athletic Complex Renovation Project was made by Council Member
Brink, seconded by Council Member Bacon. The motion carried by the following vote:
Yes: 6 - Corbett, Niemeyer, Hansen, Brink, Bacon, and Tilton Byrne; Absent: 1 –
Wendell.
FIRST READING – Ordinance 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.
Ordinance 19-021.A motion was made by Council Member Brink, seconded by
Council Member Hansen, that Ordinance 19-021, an Ordinance Authorizing
Supplemental Appropriation #5 to the 2019 Budget, be approved. The motion carried by
the following vote: Yes: 6 - Corbett, Niemeyer, Hansen, Brink, Bacon, and Tilton Byrne;
Absent: 1 – Wendell.
Resolution 20-003. A motion was made by Council Member Tilton Byrne, seconded
by Council Member Hansen, that Resolution 20-003, a Resolution authorizing the
transfer of Real Property to Brookings Economic Development Corporation for
Economic Development Purposes, be approved. The motion carried by the following
vote: Yes: 6 - Corbett, Niemeyer, Hansen, Brink, Bacon, and Tilton Byrne; Absent: 1 –
Wendell.
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 assist 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.
Adjourn.A motion was made by Council Member Hansen, seconded by Council
Member Tilton Byrne, that this meeting be adjourned at 6:41 p.m. The motion carried by
a unanimous vote.
CITY OF BROOKINGS
__________________________
ATTEST: Keith W. Corbett, Mayor
__________________________
Bonnie Foster, City Clerk
City of Brookings 2020 Payroll
(Addendum to the January 14, 2020 City Council Minutes.)
E911: Morgan Brandenburg, Communications Operator, 19.23; Jennifer Brown, Communications
Operator, 19.23; James DeBough, Communications Operator, 19.99; Sara Howe, Communications
Operator, 23.40; Caleb Johnson, Communications Operator, 20.81; Tracy Johnson, Communications
Operator, 23.40; Jolynn Longville, Communications Commander, 34.43; Teresa Lopez, Communications
Operator, 19.99; Monic Roland, Communications Operator, 23.40; Dakota Sanders, Communications
Operator, 19.23. Storm Drainage: Bret Henning, Stormwater Technician, 25.05; John Miraglia, Storm
Drainage Technician, 23.66. City Council: Patricia Bacon, Council Person, 600.00; Leah Brink, Council
Person, 600.00; Keith Corbett, Mayor, 800.00; Daniel Hansen, Council Person, 600.00; Oepke Niemeyer,
Council Person, 600.00; Holly Tilton Byrne, Council Person, 600.00; Nicholas Wendell, Council Person,
600.00. City Clerk: Bonnie Foster, City Clerk, 32.35. City Manager: Chelsie Bakken, Public Information
Officer, 29.81; Paul Briseno, City Manager, 71.98; Jacob Meshke, Assistant City Manager, 48.08; Angela
Ritter, Executive Administrative Assistant, 24.25. Human Resources: Casey Bell, Human Resources
Generalist, 32.91; Nancy Olson, Human Resources Assistant, 21.41; Susan Rotert, Human Resources
Director, 40.03. Finance: Rose Davis, Accounting Specialist, 29.88; Gwendlyn Madsen, Accounting
Specialist, 29.88; Brenda McCracken, Accounting Specialist-Liquor, 29.88. Erick Rangel, Chief Financial
Officer, 49.37. IT: Korku Kponyoh, IT Specialist, 31.16; Reed Walter, IT Specialist, 31.87. Community
Development: Katie Bortnem, Code Enforcement Officer, 25.55; Staci Bungard, City Planner, 38.49;
Sarah Keizer, Code Enforcement Officer, 26.56; Michael Struck, Community Development Director,
57.98. Engineering: Thomas Chandler, Building Inspector, 24.08Thad Drietz, Assistant City Engineer,
39.97; Jacqueline Lanning, City Engineer, 63.42; Lana Schwartz, Office Manager, 25.08; Jared Thomas,
Building Services Administrator, 32.93. Police: Timothy Andersen, Patrol Officer, 29.19; Travis Asmus,
Patrol Officer, 27.00; Logan Baldini, Patrol Officer, 24.98; Seth Bonnema, Patrol Officer, 29.19; Nathan
Bowden, Patrol Officer, 24.98; Keshaun Britt, Patrol Officer, 24.00; Katie Burggraff, Police Records Clerk,
19.28; Terry Coon, Patrol Lieutenant, 39.94; Luke DeJong, Patrol Officer, 29.19; Sean Doremus, Patrol
Officer, 27.00; Dustyn Engstrom, Patrol Officer, 24.98; David Erickson, Chief of Police, 53.54; Joseph
Fishbaugher, Patrol Sergeant, 31.07; Brian Franklin, Sergeant, 29.85; Drew Garry, Patrol Lieutenant,
38.60; Marci Gebers, Investigative Lieutenant, 37.93; Jorrie Hart, Patrol Officer, 28.09; Arlo Jurrens,
Patrol Officer, 29.19; Austin Kreutner, Patrol Officer, 24.98; Rhett Larsen, Patrol Officer, 25.96; Christine
Larson, Office Manager, 25.08; Eric Lee, Patrol Officer, 25.96; Clint Long, Patrol Officer, 24.98; Jordon
McCaskill, Patrol Officer, 29.19; Zachary Page, Patrol Officer, 25.96; Joel Perry, Patrol Sergeant, 33.56;
Shawn Peterson, Sergeant, 33.56; Geoffrey Pollman, Patrol Officer, 29.19; Edward Derrick Powers,
Assistant Chief, 45.69; Trevor Radtke, Evidence Technician/Clerk, 21.69; Dana Rogers, Patrol Officer,
29.19; Joshua Schneider, School Resource Officer, 29.19; Adam Smith, Patrol Officer, 29.19; Anthony
Sonnenburg, Sergeant, 33.56; Keith Theroux, Patrol Officer, 25.96; Jacob Vukovich, Patrol Officer, 25.96;
Eric Warkenthien, Patrol Officer 27.00; Damian Weets, Patrol Officer, 29.19; Jonathan Weinrich, Patrol
Officer, 29.19; Caleb Wilson, Patrol Officer, 24.98. Fire: Peter Bolzer, Deputy Fire Chief, 42.40; Darrell
Hartmann, Fire Chief, 48.02; Jeremy Scott, Office/Shop Manager, 26.56. Street: Dale Algood, Shop
Supervisor/Mechanic, 26.56; Kurt Athey, Street Maintenance Technician, 23.66; Matthew Bartley, Street
Superintendent/Project Manager, 42.73; James Becker, Heavy Equipment Operator, 26.56; Michael
Billet, Street Maintenance Technician, 23.66; Michelle Grayson, Office Manager, 21.41; Eric Hanson,
Street Maintenance Technician, 23.66; Derk Hartenhoff, Street Maintenance Technician, 25.08; Marty,
Hendricks, Street Operations Supervisor, 34.41; Todd Johnson, Heavy Equipment Operator, 26.56; Justin
Kahler, Advanced Equipment Operator, 24.12; Josh McClain, Traffic Control Supervisor, 25.55; Zachoriah
Thelen, Street Maintenance Technician, 19.43; Martin Wagner, Advanced Equipment Operator, 23.18.
Animal Control: Bailey Jo Galbraith, Community Service Officer, 23.65. Recreation: Stacy Claussen,
Recreation Manager, 34.27; Darren Hoff, Recreation Manager, 34.27. Park: Patrick Ammann, Building
Trades Specialist, 25.56; Joshua Bauman, Parks Supervisor, 26.56; Mark Bren, Shop
Supervisor/Mechanic, 26.56; William deBlonk, Park Supervisor, 26.56; Paul Erickson, Parks Supervisor,
26.56; Stephen Hartung, Parks Technician, 23.66; Matthew Hillenbrand, Parks Technician, 22.74; Breann
Julius, Parks Technician, 21.03; Allen Kruse, Parks & Forestry Superintendent, 36.81; Paul Laleman,
Parks Technician, 23.66; Ronda May, Office Manager, 21.41; Dustin Rodiek, Pars, Recreation & Forestry
Director, 44.01; Payton Schultz, Park Technician, 20.21; Brett Torgrude, Building Trades Technician,
23.66. Forestry: Ryan Burggraff, Forestry Technician, 23.66; Christopher Engbrecht, Forestry
Technician, 23.66; Larry Maag, Forestry Supervisor, 26.56; Mitchell Pederson, Forestry Technician,
23.66. Library: Jennifer Anderson, Administrative Assistant-Library, 20.62; Katherine Eberline, Children’s
Services Librarian, 28.16; Nita Gill, Adult Services Librarian, 31.62; Ashia Gustafson, Director of Library
Services, 36.35; Alice Hayes, Circulation Manager, 23.66; Betsy Lenning, Interlibrary Loan Services
Coordinator, 21.05; Mikaela Neubauer, Community Services Coordinator, 19.07; Nancy Swenson,
Technology Services Librarian, 29.26; Grace Timmerman, Circulation/Technician Services Assistant,
18.70. Liquor: Kristina Bergstrom, Liquor Store Clerk, 16.98; Janet Coplan, Liquor Store Manager,
39.37; Andrew Ekeland, Liquor Store Sales Associate, 19.85; Brian Hanson, Inventory Control Clerk,
22.31; James Wilson, Liquor Store Sales Associate, 19.85. Airport: Lucas Dahl, Airport Operations /
Maintenance Technician, 25.08; Matthew Sommerfeld, Airport Manager, 32.42. Edgebrook Golf Course:
Greg Redenius, Golf Course Superintendent, 30.55. Solid Waste Collection: Paul Hartley, Sanitation
Collector, 23.66; Tim Huber Sanitation Collector, 23.66; Jeremy Janssen, Sanitation Collector, 23.66;
Brian Klingbile, Sanitation Collector, 23.66; Brian Klingbile, Solid Waste Collector, 23.66; Aaron Mumby,
Sanitation Collector, 23.66. Solid Waste Disposal: Calvin Cook, Heavy Equipment Operator, 25.55;
Todd Langland, Director of Solid Waste Management; 45.05; Caryl Larson, Office Manager, 25.08;
Rodney Olson, Heavy Equipment Operator, 26.56; Garry Prussman, Heavy Equipment Operator, 26.56;
Todd Smidt, Advanced Equipment Operator, 25.08.
Brookings City Council
January 21, 2020 (unapproved)
The Brookings City Council held a Study Session on Tuesday, January 21, 2020 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, Dan Hansen, Holly Tilton
Byrne, and Ope Niemeyer. City Attorney Steve Britzman, City Manager Paul Briseno,
and City Clerk Bonnie Foster were also present.
Action to approve the agenda. A motion was made by Council Member Wendell,
seconded by Council Member Brink, that the agenda be approved. The motion carried
by a unanimous vote.
Brookings Regional Landfill 3W Cell Construction. Luke Rodig, Project Manager
for Burns and McDonnell, and Todd Langland, Brookings Regional Landfill Director,
presented information regarding the Landfill 3W Cell Construction Project to the City
Council and members of the public.
Brookings Yard Waste Program. Todd Langland, Brookings Regional Landfill
Director, presented information on the City's Yard Waste Program to the City Council
and members of the public.
Facility Assessment for the Hillcrest Aquatic Center. Dusty Rodiek, Parks,
Recreation & Forestry Director, and Stacy Claussen, Recreation Manager, presented
information on the 2019 Facility Assessment of the Hillcrest Aquatic Center provided by
USA Aquatics, Inc. to the City Council and members of the public.
City of Brookings Website. Chelsie Bakken, Public Information Officer, provided an
overview of the City's Website re-design to the City Council and members of the public.
Adjourn.A motion was made by Council Member Hansen, seconded by Council
Member Niemeyer, that this meeting be adjourned at 6:52 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 20-007,Version:1
Action on Resolution 20-007, a Resolution authorizing the City Manager to sign a Wine Operating
Agreement 5-year renewal for ERL, LLC, dba The Depot, 921 20th St. So., Kathy McClemans, Robb
McClemans, and Liz McClemans-Novak, owners, legal description: Lot 7, Block 13, McCleman’s
Addition.
Summary:
The City of Brookings enters into Wine Operating Agreements for 10-year increments. The
Operating Agreement for ERL, LLC, dba The Depot, 921 20th St. So., is at the 5-year renewal point.
This Resolution would allow the City Manager to enter into the remaining five (5) years of the ten (10)
year agreement.
Recommendation:
Staff recommends approval.
Attachments:
Resolution
Operating Agreement
City of Brookings Printed on 1/24/2020Page 1 of 1
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Resolution 20-007
ERL, LLC, dba The Depot
Wine On-Sale Alcoholic Beverage Operating Agreement
5-year Mid-Term Renewal
Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby
approves a Lease Renewal Agreement for the On-Sale Wine Alcoholic Beverage
Management Agreement between the City of Brookings and ERL, LLC, dba The Depot,
Kathy McClemans, Robb McClemans, and Liz McClemans-Novak, owners, for the
purpose of a manager to operate the on-sale establishment or business for and on
behalf of the City of Brookings at 921 20th St. So.: legal description: Lot 7, Block 13,
McCleman’s Addition.
Now, Therefore, Be It Further Resolved that the City Manager be authorized to execute
the Agreement on behalf of the City, which shall be for the remaining five (5) years of
the ten (10) year agreement.
Passed and approved this 28th day of January, 2020.
CITY OF BROOKINGS
Keith W. Corbett, Mayor
ATTEST:
Bonnie Foster, City Clerk
WINE ON-SALE ALCOHOLIC BEVERAGE OPERATING AGREEMENT
ERL, LLC, dba The Depot
5-year Mid-Term Renewal
THIS AGREEMENT made and entered into by and between the CITY OF
BROOKINGS, a municipal corporation of the State of South Dakota, hereinafter referred
to as the “City” and ERL, LLC, dba The Depot, Kathy McClemans, Robb McClemans,
and Liz McClemans-Novak, owners, hereinafter referred to as “Manager.” The City and
Manager are referred to as the “parties” herein.
WITNESSETH;
WHEREAS, the City has been issued an on-sale alcoholic beverage license and is
engaged in the sale of alcoholic beverages, and
WHEREAS, the City desires to enter into an Operating Agreement on a limited basis
with the Manager for the purpose of operating an on-sale establishment or business for
and on behalf of the City pursuant to law, and
WHEREAS, the Manager has offered to have facilities in which to operate said on -sale
establishment solely upon the premises hereinafter described.
NOW, THEREFORE IT IS MUTUALLY AGREED AS FOLLOWS:
I.
This Agreement is made and entered into on a limited basis between the parties to
allow the Manager to operate a retail on-sale premises, pursuant to and in accordance
with all of the terms and conditions of this Agreement and in accordance with all State
laws and City Ordinances now in effect and as may be enacted in the future.
II.
The Manager shall be individually responsible for all operating expenses of said on -sale
establishment, including but not limited to utilities, taxes, insurance, and license f ees, if
any.
The Manager shall furnish all equipment and fixtures necessary to operate the
establishment.
III.
The on-sale establishment shall be located upon real property in the City of Brookings,
South Dakota, described as:
Lot 7, Block 13, McCleman’s Addition.
IV.
The Manager shall dispense only alcoholic beverages supplied by the Municipal Off-
Sale establishment.
V.
This Agreement shall be in full force and effect for the remaining five (5) years of the ten
(10) year agreement, subject to the approval of the governing body of the City of
Brookings.
VI.
Either the Manager or the City may terminate this Agreement without cause upon ninety
(90) days written notice served by either party upon the other. The City reserves the
right to immediately suspend or revoke this Agreement without ninety (90) days written
notice for alcohol related violations in accordance with the provisions of Resolution No.
25-88 or any amendments thereto or for any late payments for alcoholic beverages
supplied by the Municipal Off-Sale Establishment to be sold on the premises of
Manager.
VII.
The Manager shall receive as full compensation for its services rendered, the net profit
from the on-sale establishment under its management, and the sole profit to be derived
by the City shall be the markup hereinafter set forth on alcoholic beverages furnished by
the municipality to the Manager for the purposes of resale on the premises as above
described.
VIII.
The Manager shall pay in a timely manner to the City for all alcoholic beverages sold by
the City to the Manager for resale on the above-described premises, the actual cost of
distilled spirits and wine supplied by the City, plus eleven percent (11%) in excess of
such cost; the Manager shall pay to the City for all malt beve rages sold by the City to
the Manager for resale on the above-described premises, the actual cost of malt
beverages, plus ten percent (10%) in excess of such cost. The actual cost shall include
cost price and transportation charges. The markup percentages provided in this
Agreement are subject to change by the City of Brookings. In the event markup
percentages are changed by Ordinance, then the markup percentages provided by City
Ordinance shall supercede the markup percentages provided herein. The Mana ger
further agrees that if either of the markup percentages shall be increased at any time by
the City, the Manager shall pay the markup as so increased.
IX.
A complete and detailed record shall be maintained by the City of all alcoholic
beverages supplied to the on-sale Manager and such alcoholic beverages so supplied
shall be evidenced by pre-numbered invoices prepared in triplicate showing the date,
quality, brand, size, and actual cost of such item, and such invoice shall bear the
signature of the authorized representative of the on-sale Manager or its authorized
representative. One copy thereof shall be retained by the Municipal off -sale
establishment, one copy shall be retained by the on-sale establishment, and one copy
shall be filed with the City Clerk. All copies shall be kept as permanent records and
made available for reference and audit purposes. The Manager also agrees to maintain
a complete record of all alcoholic beverages received from the City.
X.
In consideration of the covenants herein contained, the Manager agrees to pay the
CITY OF BROOKINGS, One Thousand Five Hundred, and no/100 Dollars ($1,500.00),
constituting the Annual License Fee on or by the 1st day of November of each year
thereafter as long as this agreement shall remain in force and effect. The payment of
the Annual Renewal License Fee will not extend the term of this Operating Agreement
beyond the term provided therein. The Manager further agrees that if the annual fee
shall be increased at any time by the legislature, the Manager shall pay the amount of
any such increase.
XI.
The Manager agrees to keep the premises in a neat, clean and attractive appearance,
and Manager further agrees to operate said on-sale establishment only on such days
and at such hours as permitted by state law and city ordinances.
XII.
The Manager shall have the right to return, at any time, alcoholic beverages received
from the City which are eligible to be returned, and to receive in return any deposit
made for such alcoholic beverages; in the event of termination of the business, all
unused alcoholic beverages, which may be resold without discount may be returned to
the City and the Manager shall be reimbursed for the cost of such alcoholic beverages.
XIII.
The Manager agrees to abide by the credit policies of the City and acknowledges, by
execution of this Agreement, receipt of a copy of the credit policies of the City. The City
reserves the right to change or terminate its credit policies at any time, but shall be
required to provide written notice to Manager prior to the effective date of the change or
termination date of the credit policies.
XIV.
The Manager agrees to furnish the City upon demand, evidence of payment of the
following:
A. All salaries of on-sale employees;
B. Social Security and withholding taxes on said employees;
C. Worker’s Compensation insurance premiums covering said employees;
D. Unemployment taxes on the payrolls of said employees;
E. General liability insurance protecting both the City and the Manager against
claims for injury or damages to persons or property, said policy to have
general liability limits of at least Five Hundred Thousand Dollars
($500,000.00) single limit, and One Million Dollars ($1,000,000.00) aggregate,
and a limitation of Fifty Thousand Dollars ($50,000.00) for d amage to
property. The general liability insurance limits are subject to change and
Manager agrees to change limits of insurance if required by the City;
F. Rent and utility bills; and
G. Any and all miscellaneous expenses, including taxes.
XV.
The Manager agrees to observe all Federal and State laws and ordinances of the City
of Brookings.
XVI.
The City covenants and agrees to furnish the on -sale license to Manager pursuant to
the terms and conditions of this Operating Agreement and the terms and conditions of
the on-sale license.
XVII.
The City has the right to make inspections and investigations of the premises during the
hours of operation, and make audits and examinations of the records of the Manager
relating to the on-sale establishment.
XVIII.
It is further specifically understood and agreed that the waiver of the rights of the City
under this Agreement shall not constitute a continuous waiver, and any violation or
breach of the terms of this Agreement by the Manager shall constitute a separate and
distinct offense and grounds for immediate termination and revocation of this
Agreement.
XIX.
This agreement shall not be assignable to another person or location without the written
consent of the City.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement which is
effective this 28th day of January, 2020.
CITY OF BROOKINGS, South Dakota
A Municipal Corporation
By:
ATTEST: Paul Briseno, City Manager
Bonnie Foster, City Clerk MANAGER
By:
By:
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 20-004,Version:1
Action on Resolution 20-004, a Resolution Authorizing Change Order No. 1 (Final) for 2019-07STI
Asphalt Concrete Freight on Board Project; Bowes Construction, Inc.
Summary:
This resolution will approve Change Order No. 1 (Final) for 2019-07STI Asphalt Concrete Freight on
Board Project to close out the project.
Background:
This project is the annual Street Maintenance Project that provides the asphalt patching material the
Street Department picks up at the plant to repair patches throughout the City. The use of pavement
preservation treatments, such as the asphalt patching, extends the remaining service life of the
pavement. This type of preservation treatment allows the streets to remain in place in preparation for
a chip seal and reduces the need for full reconstruction. In addition, some of the asphalt mixes have
recycled granular asphalt in the mix to preserve granular material resources.
This project has been completed and is ready to be closed out. This resolution will adjust the plan
quantities to as-built quantities, for a decrease of $36,517.41 to the contract. There is no change to
the contract completion date. The change order is summarized below:
Original Contract Price:$93,950.00
Change from Previously Approved Change Orders:$ 0.00
Contract Price Prior to this Change Order:$93,950.00
Decrease of this Change Order (No. 1 Final):($36,517.41)
Contract Price incorporating this Change Order:$57,432.59
Fiscal Impact:
There will be a decrease of $36,517.41 to the contract.
Recommendation:
Staff recommends approval.
Attachments:
Resolution
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Resolution 20-004
A Resolution Authorizing Change Order No. 1 (Final), for
2019-07STI Freight On Board Project; Bowes Construction Inc.
Be It Resolved by the City Council that the following change order be allowed for
2019-07STI Freight on Board Project:
Construction Change Order Number 1 Final
Adjust estimated bid quantities to “as-built” quantities for a total decrease of
$36,517.41 to close out the project.
Passed and approved this 28th 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 #:ID 20-0051,Version:1
Presentation of annual Dr. Martin Luther King, Jr. Day Awards by the Brookings Human Rights
Commission.
In celebration of Dr. King’s birthday, the Brookings Human Rights Commission sponsored a poster
contest for intermediate school students and an essay contest for middle school and high school
students to help students reflect on Dr. King’s ideas and their impact on the community. This year’s
theme for the poster contest was "In the end, we will remember not the words of our enemies,
but the silence of our friends.”
Mayor Keith Corbett will present the winners with their awards. All poster entries will be on display at
the Brookings Public Library through February 7th, on the City of Brookings website, and the City’s
Government Channel (Mediacom and Swiftel Channel 9).
Grade 4 - Poster
Tyler Davis
1st Place $25.00
Camelot Intermediate School - 4th Grade
Teacher - Mrs. Stoltenburg
Parents - Shawn & Beth Hanson
Dante Martinson
2nd Place $15.00
Camelot Intermediate School - 4th Grade
Teacher - Mrs. Stoltenburg
Parents - Brent Martinson and Julie Risty
Shawna Nupen
3rd Place $10.00
Camelot Intermediate School - 4th Grade
Teacher - Mrs. Stoltenburg
Parents - Brad & Sonia Nupen
Allyson Couser
Honorable Mention
Camelot Intermediate School - 4th Grade
Teacher - Mrs. Drawdy
Parents - Patrick & Lori Couser
Grade 5 - Poster
Tavyn Jae Everding
st
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File #:ID 20-0051,Version:1
1st Place $25.00
Camelot Intermediate School - 5th Grade
Teacher - Mrs. Stahl
Parents - Joe & Jen Frederiksen and Duane Everding
Autumn Brink
2nd Place $15.00
Camelot Intermediate School - 5th Grade
Teacher - Mrs. Stein
Parents - Jared & Catherine Brink
Honor Naughton
3rd Place $10.00
Camelot Intermediate School - 5th Grade
Teacher - Mrs. Stein
Parents - Matt & Lindsay Naughton
Alexis (Lexi) Erp
Honorable Mention
Camelot Intermediate School - 5th Grade
Teacher - Ms. Moran
Parents - Shawn Erp & Megan Leisinger
Essay - Middle School
Anika Hooda
1st Place $100.00
Mickelson Middle School - 6th Grade
Teacher - Mr. Mitchell
Parents - Davender & Ritu Hooda
Shae Lefers
2nd Place $75.00
Mickelson Middle School - 6th Grade
Teacher - Mr. Mitchell
Parents - Matthew & Olivia Lefers
Taya Haselhorst
3rd Place $50.00
Mickelson Middle School - 6th Grade
Teacher - Mrs. Meyer
Parents - Chad & Ashlee Haselhorst
Essay - High School
Grace Enz
1st Place $100.00
Brookings High School - 10th Grade
Parents - Greg & Molly Enz
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Cherish Stern
2nd Place $75.00
Brookings High School - 11th Grade
Parents - Mike & Laura Stern
Victoria Diersen
3rd Place $50.00
Brookings High School - 12th Grade
Parents - Matt & Cindy Diersen
Attachments:
Press Release
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Brookings Human Rights Commission
City of Brookings
520 3rd St., Suite 230
Brookings, SD 57006
phone (605) 692-6281
fax (605) 692-6907
January 24, 2020
FOR IMMEDIATE RELEASE For more information contact:
Casey Bell, Human Resources, 692-6281
Dr. Martin Luther King, Jr. – Poster & Essay Contest Winners
The Brookings Human Rights Commission has announced the winners of its 2020 Dr. Martin
Luther King, Jr. Poster and Essay Contest. Dr. King was a supporter of human rights and
freedoms for all citizens. The contest is designed for students to reflect on Dr. King’s ideas and
the effect on our community through their contest entry. This year’s theme from one of Dr.
King’s quotes was “In the end, we will remember not the words of our enemies, but the silence
of our friends.”
The contest winners will receive their award recognition from Mayor Keith Corbett at the
beginning of the City Council meeting on January 28 at 6 pm. The public is invited.
The poster contest was conducted for Camelot Immediate School students. All of the poster
entries are on display in the Brookings Public Library until February 3. All of the poster entries
can also be viewed on the BHRC page on the City’s website: (www.cityofbrookings.org), and the
City’s Government Channel (Mediacom and Swiftel Channel 9).
Grade 4 - Poster
Tyler Davis
1st Place $25.00
Camelot Intermediate School – 4th Grade
Teacher – Mrs. Stoltenburg
Parents – Shawn & Beth Hanson
Dante Martinson
2nd Place $15.00
Camelot Intermediate School – 4th Grade
Teacher – Mrs. Stoltenburg
Parents – Brent Martinson and Julie Risty
Shawna Nupen
3rd Place $10.00
Camelot Intermediate School – 4th Grade
Teacher – Mrs. Stoltenburg
Parents – Brad & Sonia Nupen
Allyson Couser
Honorable Mention
Camelot Intermediate School – 4th Grade
Teacher – Mrs. Drawdy
Parents – Patrick & Lori Couser
Grade 5 - Poster
Tavyn Jae Everding
1st Place $25.00
Camelot Intermediate School – 5th Grade
Teacher – Mrs. Stahl
Parents – Joe & Jen Frederiksen and Duane Everding
Autumn Brink
2nd Place $15.00
Camelot Intermediate School – 5th Grade
Teacher – Mrs. Stein
Parents – Jared & Catherine Brink
Honor Naughton
3rd Place $10.00
Camelot Intermediate School – 5th Grade
Teacher – Mrs. Stein
Parents – Matt & Lindsay Naughton
Alexis (Lexi) Erp
Honorable Mention
Camelot Intermediate School – 5th Grade
Teacher – Ms. Moran
Parents – Shawn Erp & Megan Leisinger
Essay – Middle School
Anika Hooda
1st Place $100.00
Mickelson Middle School – 6th Grade
Teacher – Mr. Mitchell
Parents – Davender & Ritu Hooda
Shae Lefers
2nd Place $75.00
Mickelson Middle School – 6th Grade
Teacher – Mr. Mitchell
Parents – Matthew & Olivia Lefers
Taya Haselhorst
3rd Place $50.00
Mickelson Middle School – 6th Grade
Teacher – Mrs. Meyer
Parents – Chad & Ashlee Haselhorst
Essay – High School
Grace Enz
1st Place $100.00
Brookings High School – 10th Grade
Parents – Greg & Molly Enz
Cherish Stern
2nd Place $75.00
Brookings High School – 11th Grade
Parents – Mike & Laura Stern
Victoria Diersen
3rd Place $50.00
Brookings High School – 12th Grade
Parents – Matt & Cindy Diersen
The mission of the Brookings Human Rights Commission (BHRC) is to improve human relations in the Brookings area by fighting
discrimination through education and a complaint resolution procedure. The Commission seeks to protect the rights of and prevent and eliminate
bias and discrimination against individuals or groups because of their sex, race, color, creed, religion, ances try, disability, familial status, national
origin, age, marital status, ethnicity, sexual orientation, gender identity, or political affiliation, with respect to employment, labor union
membership, housing accommodations, property rights, education, public accommodations or public services. The Commission promotes
educational activities to make Brookings an inclusive and welcoming community.
Anika Hooda
1st Place – Middle School Essay
In this labyrinthine world of right and wrong, good and bad, rich and poor, males and females,
and blacks and whites, it may be difficult to take the right turn. We all need someone to help
guide us. In most cases, it is a friend who helps and motivates, but if that friend does not
support us, then it can be painful to both the mind and heart.
All people naturally turn towards their friends when they are in need. Though at times, an
enemy can be less harmful than a friend. An enemy's crude behavior can be what cushions
you when you fall because you were expecting it. When an enemy walks by, nobody thinks
something pleasant will happen or maybe just for one day, their enemy will be kind to them.
On the other hand, when those whom we expect to have our backs, stay silent, that silence
stays embedded in our memories. Receiving silence and lack of support from a friend can cut
us more deeply than receiving harsh words from an enemy. We trust that our friends will
support and encourage us or give us a helping hand when we are in need and when that does
not happen, it can sincerely hurt a person. Overall, if an enemy verbally attacks you, it will not
hurt you as much because the enemy does it often and therefore, does not come as a
surprise, however, a friend's mere silence can affect you immensely because it is not
expected.
The world has changed drastically since the m id-1950s when Martin Luther King was at his
height. The Baptist Minister and social activist could have been talking about himself when he
addressed this quote. "In the end, we will remember not the words of our enemies, but the
silence of our friends". If Dr. King would not have decided to fight for civil rights, then we would
all most likely be in an entirely different place right now. Martin Luther King Jr. chose to act
instead of letting fear scare him into silence. That choice changed the world that we live in
today. Rosa Parks refused to give up her seat for a white person. Thus, the Montgomery Bus
Boycott began, about 40,000 people or 90% of the African American population took part in the
boycott. On June 5, 1956, after 381 days of boycotting, the fe deral government ruled that any
law requiring racially segregated seating on buses violated the 14th Amendment. If Rosa
Parks had followed the law then the world would be an immensely different place today. If
Rosa Parks had complied with the white person's wishes, we may have still been a highly
segregated country and not changed at all. As you can see, the silence of one person could
affect the world.
Because of that same silence, bullying and suicide rates have tremendously increased. If
people were to break the silence, the bullying and suicide rates would decrease. Bullying is the
third most common cause of death in young people and bullying victims are 2 to 9 times more
likely to consider suicide than people who have not witnessed bullying, and half of the suicides
among people have something to do with bullying. One hundred sixty thousand kids stay home
each day as an effect of bullying. Nearly 30% of students are either bullies or victims of
bullying. If one person had avoided the silence, then countl ess deaths could have been
prevented.
Dr. King was a powerful and influential figure who spoke out about social injustice, racial
discrimination, and civil rights instead of staying silent in a time of need. If it were not for Dr.
King speaking out, then all people would not be able to bask in the warm, rays of unity and
equality for people of all races, religions, and ethnic compositions. All people, good and bad,
rich and poor, males and females, and blacks and whites can be betrayed. As our last dying
breath is passing, we will not remember the negative but expected comments given to us by
our enemies, but the heart-breaking betrayal given by our friends.
Shae Lefers
2nd Place – Middle School Essay
“In the end, we will remember not the words of our enemies,
but the silence of our friends.”
You thought they were close,
But then they betray,
With nothing but silence gets in their way.
Bullies will use words their words to scar,
But those who you thought were your friends run so far,
And yes it hurts,
That they don’t use their words,
You wish they could help but yet they don’t.
You want them to stand up, but for some reason they won’t.
Maybe they are scared but that doesn’t matter.
You need them here as your heart starts to shatter,
Who you thought were your friends end up being,
Quiet but somehow unbeing,
They are rude and hurtful,
Without even knowing,
That they are doing something wrong,
Without even showing,
Instead they should speak,
With something known as a voice,
For you who has no other choice,
They can tell the enemy NO,
And truly show,
That they have your back,
And want you to know,
But if they don’t speak,
They don’t know what they are doing,
But in all they are ruining,
The one thing they thought they had,
Yes they HAD,
A choice,
To keep a friendship with only one little voice!
How it impacts our community:
Kids at every school in Brookings,
Get bullied when nobody is looking,
It hurts their feelings,
As a bully intends,
The victim will lose all their friends,
That happens due to silence,
It is like they broke your alliance,
When a friend is too afraid to stand up to the tyrant,
You only remember their pure, perfect silence,
It shouldn’t be happening,
Yet it is,
That your closest friends won’t stand up because of this:
Silence,
Dead silence!
Taya Haselhorst
3rd Place – Middle School Essay
The Man Who Heard the Silence
“In the end, we will remember not the words of our enemies, but the silence of our
friends.”-Dr. Martin Luther King, Jr. I think this quote means that what people say does
not matter. What truly matters is how words make people feel. It is important to always
stand up for yourself and the people you care about. No one will remember you for what
you said but rather, how you made them feel.
Dr. Martin Luther King, Jr. is one of the most well-known African-Americans in history.
He fought for civil rights and freedom for all people in the United States. Martin believed
that no matter what race, gender, disability, or religion somebody is, they should still
have equal rights. In his speech, “I Have a Dream”, Dr. King talked ab out how he
wishes that in the future, kids will not have to face discrimination. This man dedicated
his life to fighting for our rights.
Today would not be the same if Dr. Martin Luther King, Jr. had not stood up for what he
believed in. He left a huge impact on the United States, and he has changed people’s
perspectives. Thanks to this determined man, Brookings and many other cities are
united and are not separated by segregation. Because we are now united, our
government is stronger and stable. Without Dr. Martin Luther King, Jr. nothing would be
the same.
Dr. Kingnot only left an impact on the United States, but his ideas have also left an
impact on me. In his speech, “I Have a Dream,” Martin also explained how he thinks
people should be judged. Martin said that people should not be judged by the color of
their skin, but by the content of their character, and I agree with this. I understand what
it is like to be judged by something you cannot change because I am partially deaf.
Sure, being deaf is part of who I am, but it should not define who I am. What defines
who I am is how I treat others, not what people see when they look at me.
Martin Luther King, Jr. has inspired many people. He stood up for what he believed in
and gave people rights. “In the end, we will remember not the words of our enemies, but
the silence of our friends.” This man heard the silence of the people and stood up for
them.
Grace Enz
1st Place – High School Essay
Strength in Numbers: Speaking Up to Fight Injustice and Unite Communities
Martin Luther King, Jr. was not afraid to speak out against injustice, even when others
remained silent. Through his example, we learn how one courageous voice can lead to
a movement capable of transforming societies. In his Steeler Lecture, Martin Luther
King, Jr. proclaimed, “In the end, we will remember not the words of our enemies, but
the silence of our friends.” If we remain silent in the face of oppression, even when we
are not victims ourselves, positive structural change cannot be fulfilled. Like Martin
Luther King, Jr. who led the Civil Rights Movement, other influential leaders such as
Tarana Burke and Emma González raised their voices to unite communities and spark
lasting change through the #MeToo and #NeverAgain movements.
The American Civil Rights Movement fought against issues of racial discrimination and
segregation throughout the United States, which eventually led to enduring societal
change. The most famous leader of the movement was Martin Luther King Jr., an
African American minister and activist who brought thousands of people together to
peacefully protest during the March on Washington in 1963. He is best known for his “I
Have a Dream” speech, during which he stood up for voiceless victims of oppression
and expressed the importance of unity in the fight for justice. “We cannot walk alone.
And as we walk, we must make the pledge that we shall always march ahead. We
cannot turn back.” (Martin Luther King, Jr.). Like in the earlier introductory quote, King,
Jr. emphasizes that we must refuse to be silent even in the face of adversity and work
together toward this goal. Unity is the greatest factor that leads to a significant
transformation of our society, as it has the power to transform a dream into a
movement.
Similarly, the #MeToo movement has called for national change within the United
States. Tarana Burke founded the movement in 2006, despite the fact that the hashtag
became popular in 2017, to support survivors of sexual assault and harassment. Burke
describes a heartbreaking moment that occurred when she was a youth camp director
which inspired the #MeToo movement. A young girl at the camp shared that she had
been sexually assaulted by her mother’s boyfriend. Burke was so distraught by the girl’s
story that she cut her off and found another female counselor to help her. She stated, “I
couldn’t help her release her shame, or impress upon her that nothing that happened to
her was her fault. I could not find the strength to say out loud the words that were
ringing in my head over and over again as she tried to tell me what she had endured…I
watched her put her mask back on and go back into the world like she was all alone
and I couldn’t even bring myself to whisper…me too” (Santiago). In this moment, Burke
saw the pain on the girl’s face and the devastating impact of her own silence. It was
then that Burke vowed “to help young women of color who had survived sexual abuse,
assault, and exploitation” and to show them that they are not alone (Santiago). Through
their shared experiences, a bond between survivors was created that has given them
the courage to speak up.
The #MeToo movement has raised awareness about sexual assault, harassment and
abuse, provided survivors a space to open up about their experiences, and promote d
conversations between men and women alike about these issues. According to Burke,
the essential goal of the movement is, “Survivors supporting survivors. And it’s really
about community healing and community action” (Tarana Burke). The #MeToo
movement wouldn’t have been as influential in our country or internationally if survivors
had not gained courage from one another. Tarana Burke has devoted her life to helping
survivors without asking to be famous or expecting to receive recognition. By using her
voice and refusing to remain silent about a difficult topic, she has given countless
survivors the means to heal from trauma.
Another powerful individual who stood up for justice in the face of tragedy is Emma
González, a former student at Marjory Stoneman Douglas High School in Florida, the
site of a school shooting that led to the deaths of seventeen victims in 2018. In a time
when hearing about mass shootings has become normalized, Emma González and her
classmates David Hogg, Cameron Kasky, Alex Wind, and Jaclyn Corin, decided to
protest for stricter gun control through the #NeverAgain movement. The importance of
refusing to remain silent is expressed in an essay González wrote for the magazine
Harper’s Bazaar, “We are tired of being ignored. So we are speaking up for those who
don’t have anyone listening to them, for those who can’t talk about it just yet, and for
those who will never speak again. We are grieving, we are furious, and we are using our
words fiercely and desperately because that’s the only thing standing between us and
this happening again” (González). Despite attacks on her character on sexual
orientation, Emma González gained twice as many followers on Twitter as the National
Rifle Association in just two weeks on the social media site and is steadfast in her
commitment to gun control (Bowerman). González and the other young activists from
Marjory Stoneman Douglas High School illustrate that regardless of your age, you can
still make a difference by raising your voice to seek justice.
Cherish Stern
2nd Place – High School Essay
A Bystander, a Friend
By: Cherish Stern
Ever since we were little, we were taught not to be a bystander. If someone was being
bullied, you should stand up and do something. Through instances like this, some of the
best friends are made and some of the worst situations created. The ideas of the quote:
“In the end, we will remember not the words of our enemies, but the silence of our
friends.” by Martin Luther King, Jr. can be found and proven using many current events
and ongoing concerns. From public schools to the working class of Americans to finally
political struggles, there are never ending examples of the effect of a bystander.
In the American public school system today, we are heavily struggling with safety
threats. This could be bombing, knifing, or shootings. Since the 1980s, the amount of
school shootings have increased dramatically. Many times, the attacker will leave
behind a video or letter stating their reasons behind what they did. Often, they mention
being bullied or the idea of being alone in a big world. But to them the biggest part is not
that there were a few bullies, but that there were people watching it take place and
doing nothing to stop it. They could not find refuge in the places they looked creating the
magnified feeling of loneliness and helplessness. The only way to fix this, they might
believe, is by wreaking havoc on the people that they believe hurt them most: the
bystanders.
Likewise, another situation presented it the working poor of America. Everyone knows
the struggle of being stuck inside the circle of poverty. The incoming wages can never
be enough to balance the cost of living. In this case the large incorporations, banks, and
insurance companies are the enemy. They are what undercut the worker’s pay for the
cost of cheap products and manufacturing. For loans and mortgages, the bank must
always have their money even if that means bullying their way through a loan. The
unaffordability but the requirement of insurance is what sometimes kills a person the
most with piled up bills from any small accident. The people walking by a broken worker
or supporting the ideas of large industry are those who hurt the poor the most by not
helping. Every bit of charity and acts of kindness contributes to the cause, but if not, it's
a slap on the face. The growing top one percent and wealthy class starts to separate,
and a divided America is made. That is not the goal of this country.
The political situation of Benghazi attack of 2012 represents a political level of the quote
by Dr. King. On September 12, members of the military terrorist group, al-Qaeda,
attacked the US Diplomatic Compound in Benghazi, Libya. During this aggression, four
Americans died, including the US Ambassador for Libya, John Christopher Stevens.
Evidence was shown that the four made calls and pleas for help during the assault, but
the US government did not initially send military aid. The silence of those in power
caused the deaths of four innocent Americans. Forever will it be those who did not
respond that are remembered compared to the actual attackers.
The ideas brought up by Dr. Martin Luther King, Jr. are ones that will never be
abandoned. The proposition of the enemy being forgotten in the crimes of the friend
who does not speak up in itself shows more pain. This is the definition of the common
bystander, who is not willing to defend an innocent. By looking at modern examples, we
can see how often and large scale they occur. Using Dr. King’s quote, let's avoid being
the silent friend, the bystander and instead speak up against the wrongdoings of the
world.
Victoria Diersen
3rd Place – High School Essay
Silence is Betrayal
When retelling history, the most evil of people are ultimately not the people who the
battle was fought against. The worst people are those who betrayed their own friends.
Benedict Arnold, during the Revolutionary War, had risen to the rank of general in the
American Continental Army. He committed treason against the Army by giving
American intelligence to the British. Another infamous betrayer was Judas Isca riot, who
gave up his friend with a kiss. Judas was one of Jesus of Nazareth’s 12 disciples, and in
the end gave him up for 30 silver coins. Betrayers are remembered over millennia, they
end up as the villains in Shakespearean plays. The ultimate example is General Marcus
Brutus. Julius Caesar depicted the friendship ending in betrayal of Brutus and Caesar.
As Brutus stands silently by during his friend’s assassination, Caesar turns to him and
says “Et tu, Brute?” These marring words reveal the isolation Caesar felt at the end, as
caused by someone whom he had once considered a friend. This quote exemplifies
how the silence of a friend, as well as the accompanying cowardice, is more painful
than anything our enemies could possibly do hurt us.
The phrase “Et tu, Brute” and its implications stem typically from preventable
circumstances. Racism and sexism were, and still are prevalent social concerns people
deal with on a daily basis. Ultimately, they are forms of bullying—no different than
physically fighting with a classmate or harassing someone online—because it is
repetitive in nature. Early education now stresses to students the importance of not
being a bystander in a bad situation. Kids are taught to stand up against the bully or to
go find someone to diffuse the situation. In their time of need, people find strength in
numbers. Speaking up for a friend when they are being bullied will bring new confidence
to both individuals. Staying silent could lead to the friend getting hurt, or a friendship
being lost. Silence is betrayal. Martin Luther King Jr. said, “In the end, we will remember
not the words of our enemies, but the silence of our friends.” Those who stay silent
betray their friends. Traitorous acts are remembered to the end.
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 20-0052,Version:1
Department Presentation: Brookings Municipal Liquor Store.
Summary:
Once a month, a department will be presenting an update to the City Council and the public.
Attachments:
Presentation
City of Brookings Printed on 1/24/2020Page 1 of 1
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BROOKINGS
MUNICIPAL
LIQUOR STORE
Janet Coplan, Manager
MISSION STATEMENT
To support the City of Brookings mission
of improving its residents’ quality of life
by generating revenues that enable City
programs such as parks and recreation,
public improvements and public safety
while exceeding our customers
expectations in product offerings of fine
wine, beer and spirits
2020 BUDGETED TRANSFER TO THE CITY
$510,065 total
$422K to General Fund, funding 2%
of the total GF’s budget
$69K to Golf Course, funding 11%
of its total Budget
$20K to 3B, funding 2% of its total
budget $421,557
$68,508
$20,000
General Fund Golf Course 3B
*Liquor Transfer is not part of override fee
Original Store 2006 2019
SIGNIFICANT HISTORICAL EVENTS
05 VS. 2018:
2006
Moved to
present location
with 13,500 sq ft
including 7,000
sq ft of cold
storage
Wine & Beer
Sales started
at Hy-Vee
2008 2010 2015 2018 2019
Store open on
Sundays
Wine & Beer
Sales started
at Walmart
Growler
station added
Wine tasting
room opened
New POS
system
New Store
Signage
New HVAC
system
Store closed
for 7 days due
to flooding
22nd Street
closed for 3
months
Opportunity
Analysis
completed
BUDGET AND PERSONNEL
2005 VS. 2018:2014 2020 Budget Change
Revenue $ 4,019,430 $4,361,000 +8.5%
Operating Expense $231,500 $242,987 +5.0%
Personnel Expense $387,379 $413,087 +6.6%
Transfer Out $339,821 $510,065 +50.1%
Employees 4 (Full-Time)
7 (Part-Time)
5 (Full-Time)
7 (Part-Time)+1 FTE
SALES BY YEAR 2014 –2019
($ in 000’s)
$3,988
$4,181
$4,340
$4,132
$4,172
$4,300
$3,800
$3,900
$4,000
$4,100
$4,200
$4,300
$4,400
2014 2015 2016 2017 2018 2019
*Budgeted sales
*
SALES BY CATEGORY 2014 –2019
($ in 000’s)
2,174 2,265 2,376 2,283 2,345 2,371
1,013 1,139 1,173 1,110 1,157 1,175
613 606 630 588 537 600
187 171 161 151 133 154
0
500
1,000
1,500
2,000
2,500
2014 2015 2016 2017 2018 2019
Liquor
Beer
Wine
Other
*Budgeted sales
*
FINANCIAL IMPACT OF 2019 CHALLENGES
Estimated cost from non-recurring events
•Flooding –$35,675 (Closed 7 days), lost sales and product loss
•The store was able to recoup $35k through insurance
•Winter Storms –$68,000 (Closed 3 weekend days)
•22nd Avenue Construction Project
CHALLENGES GOING FORWARD
Continue managing business in line with latest market trends
Millennials: 74 million (ages 22 to 38)
•Define craft brew as small, independent, high quality and local
•Connect digitally with friends and retailers
Baby Boomers: 73 million (ages 55 to 73) ~ 33% of total population
•Consume 45% of total beer & liquor and 46% of total wine sold
•Prefer quality vs quantity
Brooking’s current median age is 24.1 years
1
2,600 WINE VARIETIES
***CANNED WINE
2,700 VARIETIES OF LIQUOR
***CRAFT SPIRITS
2,400 VARIETIES OF BEER
***SELTZERS
2019 MARKET TRENDS
CHALLENGES GOING FORWARD
Capitalize on business opportunity analysis information to increase
revenues
Brooking’s market size for liquor, beer and wine is approximately $10
million
Our current market share is about 40%
50% of our customers live in Brookings
Our customers visit the store an average of 2.8 times per year
Traffic count on 6th Street is more than twice that on 22nd Avenue
2
CHALLENGES GOING FORWARD
Effectively communicate our
residents on the benefits of buying
local
The liquor store will contribute over $500K
this year to fund the City’s General Fund
The General Fund finances core
operations that impact our City’s high
quality of life, including Police, Fire,
Parks/Recreation/Forestry, Library, and
Public Works
For every $100 spent at a local business,
roughly $68 stays within the local
economy1
3
1Civic Economics Study in Grand Rapids, Michigan
BROOKINGS LIQUOR STORE
780 22nd Avenue South
605-692-5613
Store Hours : Monday –Thursday; 9am-10pm
Friday and Saturday; 9am –11pm
Sunday ;12pm –6pm
City Council Agenda Memo
From: Todd Langland, Director of Solid Waste
Council Meeting: January 28, 2020
Subject: Action on Resolution 20-008, a Resolution to approve the
purchase of new Automated Yard Waste Carts from
Sanitation Products, Inc., Sioux Falls, SD, through
Sourcewell Contract #041217-SRF.
Person(s) Responsible: Todd Langland, Director of Solid Waste
Summary:
The new yard waste cart program was presented to the City Council and the public at
the January 21, 2020 Study Session. Solid Waste staff recommends the purchase of
3,965-yard waste carts from Sanitation Products, Inc., Sioux Falls, SD, for $235,931.58
through Sourcewell Contract #041217-SRF. The attainment of the carts will allow the
implementation of the new automated yard waste collection program. Staff will work to
develop transition marketing materials.
Implementation Timeline:
January - approval of Resolution to purchase yard waste carts
February - begin marketing program for yard waste carts
February - order carts (4-6 week anticipated delivery)
March / April - begin delivering yard waste carts to Brookings residents
Fall 2020 - completion of paper yard waste bag program
April 2021 - fully implement new yard waste cart program
Background:
The current yard waste collection program consists of selling paper yard waste bags to
Brookings residents through various avenues. The Collection Department currently
picks up over 67,000 bags annually. Additionally, a drop off location is provided for
residents at the Landfill, the Community Gardens, and a new site yet to be determined.
Discussion:
The move to the automated yard waste cart system is the next step in improving the
sustainability practices for the Solid W aste Department. The program will provide safer
working conditions for employees which improves our risk management, but more
importantly, takes employees out of hazardous conditions. The refuse will be more
protected from the elements and allow easy automated pick up. This process will
increase efficiencies with the reduction of physical labor and cleaner pickup. T he city
will provide the maintenance of the carts. Implementation will be provided incrementally
with adequate marketing and communication of the process.
Staff utilized Sourcewell to find the best and qualified product. Sourcewell exists to help
government, education, and nonprofits work more efficiently by providing a wide range
of cooperative contracts while complying with competitive bid process requirements.
Legal Consideration:
None.
Financial Consideration:
The purchase of 3,965 carts will cost $235,931.58.
Options:
The City Council has the following options:
1. Approve as presented
2. Deny
3. Move the item to a work session
4. Do nothing
Recommendation:
Staff recommends approval of the purchase of 3,965 carts for $235,931.58.
Action Requested:
Approve an agreement with Sanitation Products, Inc., Sioux Falls, SD, for the low bid of
$235,931.58.
Supporting Documentation:
1. Resolution
2. Appendix
Resolution 20-008
Action on Resolution 20-008, a Resolution to approve the purchase of new
Automated Yard Waste Carts from Sanitation Products, Inc., Sioux Falls, SD,
through Sourcewell Contract #041217-SRF
Whereas, the City of Brookings will purchase Automated Yard Waste Carts through
Sourcewell Contract #041217-SRF from Sanitation Products, Inc., Sioux Falls, SD; and
Whereas, the City of Brookings will purchase from Sanitation Products, Inc. 3,965 new
automated Yard Waste Carts in the amount of $235,931.58; and
Whereas, the automated Yard Waste Carts will be delivered and payment made after
March 1, 2020.
Now, Therefore, Be It Resolved that the contract from Sanitation Products, Inc., Sioux
Falls, SD, in the amount of $235,931.58, be accepted.
Passed and approved this 28th day of January, 2020.
CITY OF BROOKINGS
________________________________
Keith W. Corbett, Mayor
ATTEST:
_________________________
Bonnie Foster, City Clerk
Appendix:
Sourcewell
Sourcewell is part of the Minnesota Service Cooperatives created by the Minnesota
Legislature as a local unit of government (Minn. Const. Art. XII, Sec. 3). Sourcewell
exists to help government, education, and nonprofits work more efficiently by providing
a wide range of cooperative contracts while complying with competitive bid process
requirements. Their contracts are designed to help fulfill purchasing needs while
making the buying process more efficient. All vendor agreements are the result of
formal bids or negotiated contracts for equipment, products, and services.
State Statutes showing Sourcewell is in compliance with competitive bidding
requirements:
Minnesota Statute 471.345 Subdivision 15 “A municipality may contract for the
purchase of supplies, materials, or equipment without regard to the competitive
bidding requirements of this section if the purchase is through a national
municipal association’s purchasing alliance or cooperative created by a joint
powers agreement that purchases items from more than one source on the basis
of competitive bids or competitive quotation.”
SDCL 5-18A-22.3 states “any purchase of supplies or services, other than
professional services, by purchasing agencies form any active contract that has
been awarded by any government entity by competitive sealed bids or
competitive sealed proposals or from any contract that was competitively
solicited and awarded within the previous twelve months.”
Sourcewell: https://www.sourcewell-mn.gov/
Sourcewell Compliance & Legal Authority: https://www.sourcewell-mn.gov/compliance-
legal?domain=njpacoop.lightning.force.com
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 20-009,Version:1
Action on Resolution 20-009, a Resolution to approve the purchase of a 2020 Fire Engine from
Toyne, Inc., Breda, IA / Allegiant Emergency Services, Sioux Falls, SD, through Sourcewell Contract
#022818-TOY.
Summary:
The replacement of an aging Fire Apparatus is critical. Staff recommends purchasing a 2020 Fire
Engine from Toyne, Inc., Breda, IA / Allegiant Emergency Services, Sioux Falls, SD, for the amount of
$540,243.00 through Sourcewell Contract #022818-TOY. This is the first year of a multi-year
replacement of major equipment. The vehicle will be financed from a Landfill Internal Fund.
Background:
A Fire Engine replacement should occur every 18-years to effectively reduce maintenance costs and
breakdowns. The Brookings Fire Department budgeted to replace a 2001 Fire Engine in the 2020
Capital Improvement Plan. The Fire Engine is a very sophisticated piece of equipment and required
the utilization of a specialized governmental approved service called Sourcewell. Within the next 10
years, five (5) engine trucks, one (1) rescue truck, and one (1) platform truck will need to be replaced.
Fiscal Impact:
The 2020 approved capital improvement plan (CIP) contains this budgeted item for $150,000. This is
the first payment of a six-year term with internal financing from the Solid Waste Fund.
Recommendation:
Staff recommends approval.
Attachments:
Memo
Resolution
Appendix
City of Brookings Printed on 1/24/2020Page 1 of 1
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City Council Agenda Memo
From: Darrell Hartmann, Fire Chief
Council Meeting: January 28, 2020
Subject: Resolution to approve the purchase of a 2020 Fire Engine
from Toyne, Inc., Breda, IA / Allegiant Emergency Services,
Sioux Falls, SD, through Sourcewell Contract #022818-TOY.
Person(s) Responsible: Darrell Hartmann, Fire Chief
Summary:
The replacement of an aging Fire Apparatus is critical. Staff recommends purchasing a
2020 Fire Engine from Toyne, Inc., Breda, IA / Allegiant Emergency Services, Sioux
Falls, SD, for the amount of $540,243.00 through Sourcewell Contract #022818-TOY.
This is the first year of a multi-year replacement of major equipment. The vehicle will be
financed from a Landfill Internal Fund.
Background:
A Fire Engine replacement should occur every 18-years to effectively reduce
maintenance costs and breakdowns. The Brookings Fire Department budgeted to
replace a 2001 Fire Engine in the 2020 Capital Improvement Plan. The Fire Engine is a
very sophisticated piece of equipment and required the utilization of a specialized
governmental approved service called Sourcewell. Within the next 10 years, five (5)
engine trucks, one (1) rescue truck, and one (1) platform truck will need to be replaced.
Discussion:
Sourcewell Contract #022818-TOY: Toyne, Inc., Breda, IA / Allegiant Emergency
Services, Sioux Falls, SD:
Apparatus $605,243.00
Trade-in Value/Discounts $ 65,000.00
Total $540,243.00
Staff worked with Sourcewell to provide the lowest and best source. Sourcewell exists
to help government, education, and nonprofits work more efficiently by providing a wide
range of cooperative contracts while complying with competitive bid process
requirements. Their contracts are designed to help fulfill purchasing needs while
making the buying process more efficient. All vendor agreements are the result of
formal bids or negotiated contracts for equipment, products, and services. Sourcewell is
in compliance with competitive bidding requirements.
Sustainability:
The engine is designed to meet EPA exhaust emissions and will be an all LED lighted
apparatus to eliminate an onboard generator and cord reel.
Legal Consideration:
Legal counsel reviewed the utilization of Sourcewell as an acceptable source for
purchasing as it meets bidding requirements.
Financial Consideration:
Staff recommends financing the purchase of this engine internally with an Interfund
Loan from the Landfill. The loan terms are in line with current market investment
instrument returns allowed for municipalities. This guarantees a competitive rate with
fair return:
Annual Interest Rate: 1.55%
Years: 6
Amount: $540,243
The 2020 CIP has a budgeted amount of $150,000 t o cover the first installment of a
multi-year payment schedule.
Options:
The City Council has the following options:
1. Approve as presented
2. Deny
3. Postpone and move to a study session
4. Do nothing
Recommendation:
Staff recommends approval of the resolution to purchase a 2020 Fire Truck from Toyne,
Inc., Breda, IA / Allegiant Emergency Services, Sioux Falls, SD.
Action Requested:
Approve the Resolution to purchase a 2020 Fire Truck from Toyne, Inc., Breda, IA /
Allegiant Emergency Services, Sioux Falls, SD.
Supporting Documentation:
1. Resolution
2. Appendix
Resolution 20-009
Resolution to approve the purchase of a 2020 Fire Engine through Sourcewell
Contract #022818-TOY from Toyne, Inc. of Breda, IA / Allegiant Emergency
Services, Sioux Falls, SD.
Whereas, the City of Brookings Fire Department requests to purchase a 2020 Fire
Engine through Sourcewell Contract #022818-TOY from Toyne, Inc., of Breda, IA /
Allegiant Emergency Services, Sioux Falls, SD; and
Whereas, the 2020 Fire Engine will replace a 2001 Fire Engine. Replacement of Fire
Engines occur on an 18-year basis in order to reduce maintenance costs and
breakdowns; and
Whereas, the overall price for the 2020 Fire Engine from Toyne, Inc., of Breda, IA /
Allegiant Emergency Services, of Sioux Falls, SD is $605,243.00; and
Whereas, Toyne, Inc., of Breda, IA / Allegiant Emergency Services, of Sioux Falls, SD is
offering a trade-in value of $65,000.00 for the 2001 Fire Engine; and
Whereas, the 2020 CIP has a budgeted amount of $150,000.00 to cover the first
installment.
Now, Therefore, Be It Resolved that the contract from Toyne, Inc., of Breda, IA /
Allegiant Emergency Services, of Sioux Falls, SD in the amount of $540,243.00 be
accepted.
Passed and approved this 28th day of January, 2020.
CITY OF BROOKINGS
__________________________
Keith W. Corbett, Mayor
ATTEST:
___________________________
Bonnie Foster, City Clerk
Appendix:
Sourcewell
Sourcewell is part of the Minnesota Service Cooperatives created by the Minnesota
Legislature as a local unit of government (Minn. Const. Art. XII, Sec. 3). Sourcewell
exists to help government, education, and nonprofits work more efficiently by providing
a wide range of cooperative contracts while complying with competitive bid process
requirements. Their contracts are designed to help fulfill purchasing needs while
making the buying process more efficient. All vendor agreements are the result of
formal bids or negotiated contracts for equipment, products, and services.
State Statutes showing Sourcewell is in compliance with competitive bidding
requirements:
Minnesota Statute 471.345 Subdivision 15 “A municipality may contract for the
purchase of supplies, materials, or equipment without regard to the competitive
bidding requirements of this section if the purchase is through a national
municipal association’s purchasing alliance or cooperative created by a joint
powers agreement that purchases items from more than one source on the basis
of competitive bids or competitive quotation.”
SDCL 5-18A-22.3 states “any purchase of supplies or services, other than
professional services, by purchasing agencies form any active contract that has
been awarded by any government entity by competitive sealed bids or
competitive sealed proposals or from any contract that was competitively
solicited and awarded within the previous twelve months.”
Sourcewell: https://www.sourcewell-mn.gov/
Sourcewell Compliance & Legal Authority: https://www.sourcewell-mn.gov/compliance-
legal?domain=njpacoop.lightning.force.com
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 20-014,Version:1
Action on Resolution 20-014, a Resolution authorizing a Interfund Loan from the Landfill Fund to the
Fire Department to be used for the purchase of a 2020 Fire Engine.
Summary:
The City recommends to finance the 2020 Fire Engine purchase internally with an Interfund Loan
from the Landfill.
Background:
The loan terms are in line with current market investment instruments returns allowed for
municipalities:
·Annual Interest Rate: 1.55%
·Years: 6
·Amount: $540,243
Fiscal Impact:
The cash outflow resulting from the proposed financing is within the estimated budgeted amount in
the City’s 2020 CIP Budget.
Recommendation:
Staff recommends approval.
Attachments:
Memo
Resolution
City of Brookings Printed on 1/24/2020Page 1 of 1
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City Council Agenda Memo
From: Darrell Hartmann, Fire Chief
Council Meeting: January 28, 2020
Subject: Landfill Interfund Loan for a 2020 Fire Engine
Person(s) Responsible: Erick Rangel, Chief Financial Officer
Summary:
Action is required to authorize the financing of the 2020 Fire Engine purchase through
an Interfund Loan from the Landfill. This practice has been utilized for other purposes
and provides a competitive rate for both the Landfill and Capital Improvement Fund.
Background:
The Brookings Fire Department budgeted to replace a 2001 Fire Engine. Replacement
of Fire Engines occur on an 18-year basis in order to reduce maintenance costs and
breakdowns. A prior memo recommends the purchase of the 2020 Fire Engine for
$540,243. Over the next ten years the Fire Department will need to replace multiple
aging apparatuses at similar prices.
Historically the City utilizes funds within the Capital Improvement Fund (CIP) for large
purchases. The fund cannot provide necessary financing for the entire purchase and
fund all necessary projects outlined in the 2020 plan. Therefore, a lease p urchase or
internal fund loan was determined as the best option.
Discussion:
Staff researched current rates for lease purchase through traditional measures.
Additionally, collaborative efforts between city partners was sought. The CFO
researched past practice of internal loan funds and found this as the most
advantageous funding mechanism for both the Landfill and Capital Improvement Fund.
Legal Consideration:
None.
Financial Consideration:
The City recommends financing the purchase with an Interfund Loan from the Landfill.
The loan terms are in line with current market investment instrument returns allowed for
municipalities:
Annual Interest Rate: 1.55%
Years: 6
Amount: $540,243
The 2020 CIP has a budgeted amount of $150,000.00 to cover the first installment of a
six year term.
Options:
The City Council has the following options:
1. Approve as presented
2. Deny
3. Approve with recommendations
4. Do nothing
Recommendation:
Staff recommends approval.
Action Requested:
Approve the Resolution authorizing an Interfund Loan from the Landfill Fund to the Fire
Department to be used for the purchase of a 2020 Fire Engine.
Supporting Documentation:
1. Resolution
Resolution 20-014
Resolution Authorizing a Interfund Loan from the Landfill Fund to the Fire
Department to be used for the purchase of a 2020 Fire Engine
Whereas, the Brookings Fire Department is purchasing a 2020 Fire Engine and
desires to finance a portion of the purchase price using an Interfund Loan from
the Brookings Landfill Fund; and
Whereas, in accordance with SDCL 9-22-24, the City is authorized, upon
approval of the City Council, to loan unrestricted cash from one fund to another
fund of the City; and
Whereas, it is in the best interests of the City of Brookings to finance the
purchase of said fire equipment internally through a Interfund Loan from the
Landfill Fund to the Fire Department Fund.
Now, Therefore, Be It Resolved, that the City Manager is directed to execute an
Interfund Loan from the Landfill Fund to the Fire Department Fund, providing an
annual interest rate of 1.55%, payable as follows:
Principal $540,243
Interest 1.55%
Term 6 year term, 1 payment per year
Passed and approved on the 28th day of January, 2020.
CITY OF BROOKINGS
__________________________
Keith W. Corbett, Mayor
ATTEST:
__________________________
Bonnie Foster, City Clerk
Interfund Loan Schedule
Payment
# Year
T
Payment Principal Interest Balance
1 2020 $94,987.80 $86,614.03 $8,373.77 ($453,628.97)
2 2021 $94,987.80 $87,956.55 $7,031.25 ($365,672.42)
3 2022 $94,987.80 $89,319.88 $5,667.92 ($276,352.54)
4 2023 $94,987.80 $90,704.33 $4,283.46 ($185,648.21)
5 2024 $94,987.80 $92,110.25 $2,877.55 ($93,537.96)
6 2025 $94,987.80 $93,537.96 $1,449.84 $0.00
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 20-003,Version:1
Introduction and First Reading on Ordinance 20-003, an Ordinance Authorizing Supplemental
Appropriation No. 2 to the 2020 Budget. Second Reading: February 11, 2020.
Summary:
The City of Brookings has been awarded a federal “Better Utilizing Investments to Leverage
Development (BUILD)” Grant to construct 20th Street South between 22nd Avenue South and 34th
Avenue South along with a new interchange at Interstate 29 and 20 th Street South.
This ordinance will amend the 2020 Budget for the following changes:
1) Create the project account for the 20th Street South BUILD Project.
2) To amend revenue line items for the 20th Street South BUILD Project.
3) To amend expenditure line items for the 20th Street South BUILD Project.
The budget for the project as outlined in the grant application is the following:
BUILD Grant:$18,677,630
City Share:$ 2,000,000
County Share:$ 2,000,000
Private Donor Share:$ 669,407
Total project cost:$23,347,037
(design and construction)
The City will be responsible for the 20% match for the project, which will be split between the
City/County and Private Donors. This budget is being created for the City, County and Private Donor
share of the project.
The proposed budget amendment includes the figures from the project budget outlined in the Grant
Application. The engineering design for the project includes Engineer’s Cost Estimates at 30%, 60%
and 95% intervals to aid in budgeting. There will be future budget amendments to update the project
amounts as the costs are refined.
Recommendation:
Staff recommends approval.
Attachments:
Memo
Ordinance
Map
City of Brookings Printed on 1/24/2020Page 1 of 1
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City Council Agenda Memo
From: Erick Rangel, Chief Financial Officer and Jackie Lanning,
City Engineer
Council Meeting: January 28, 2020
Subject: Introduction and First Reading on Ordinance 20-003, an
Ordinance Authorizing Supplemental Appropriation No. 2 to
the 2020 Budget. Second Reading: February 11, 2020.
Person(s) Responsible: Erick Rangel, Chief Financial Officer and Jackie Lanning,
City Engineer
Summary:
This ordinance will amend the 2020 Budget for the following changes:
1) Create the project account for the 20th Street South BUILD Project
2) To amend revenue line items for the 20th Street South BUILD Project
3) To amend expenditure line items for the 20th Street South BUILD Project.
Background:
The City of Brookings has been awarded a federal “Better Utilizing Investments to
Leverage Development (BUILD)” Grant to construct 20th Street South between 22nd
Avenue South and 34th Avenue South along with a new interchange at Interstate 29 and
20th Street South.
The budget for the project as outlined in the grant application is the following:
BUILD Grant: $18,677,630
City Share: $ 2,000,000
County Share: $ 2,000,000
Private Donor Share: $ 669,407
Total project cost: $23,347,037
(design and construction)
The City will be responsible for the 20% match for the project, which will be split
between the City/County and Private Donors. This budget is being created for the City,
County and Private Donor share of the project.
Discussion:
The proposed budget amendment includes the figures from the project budget outlined
in the Grant Application. The engineering design for the project includes Engineer’s
Cost Estimates at 30%, 60%, and 95% intervals to aid in budgeting. There will be future
budget amendments to update the project amounts as the costs are refined.
Legal Consideration:
None.
Financial Consideration:
The revenue from the City, County, and Private Donors will fund the proposed
expenditures for the 20% match for the project.
Following the current Governance & Ends Financial Stability Policy, the City’s
$2,000,000 share will be first funded with restricted cash reserves for economic
development. The current confirmed balance for restricted reserves for economic
development is $1,204,998; the remaining $795,002 will be funded with unrestricted
cash reserves.
If the City Council determines to use unrestricted reserves to fund the full $2,000,0 00,
Ordinance 20-003 can be amended to reflect this change for the second reading.
Options:
The City Council has the following options:
1. Approve as presented
2. Approve with recommended adjustments
3. Deny
Recommendation:
Staff recommends approval.
Action Requested:
Approval of the Ordinance to amend the 2020 Budget.
Supporting Documentation:
1. Ordinance
2. Map
Ordinance 20-003
An Ordinance Authorizing Supplemental Appropriation No.2 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)
All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
First Reading: January 28, 2020
Second Reading: February 11, 2020
Published: February 14, 2020
CITY OF BROOKINGS
_________________________
ATTEST: Keith W. Corbett, Mayor
____________________________
Bonnie Foster, City Clerk
20th St Interchange Project -
General Fund
101-000-0-210-00 Restricted Economic Development Reserves ($1,204,998)Economic Dev Reserves per G&E policy
101-000-0-102-00 Cash OH/Reserves ($795,002)Unrestricted reserves per CC action
Total Fund Change ($2,000,000)
20th St Interchange Project Fund
528-000-6-700-00 Transfer In General Fund $2,000,000 Income from General Fund
528-000-4-441-08 Reimbursed Expense $2,669,407 Income from County and Private Donors
528-000-5-422-03 Consulting/Engineering $740,558 Estimated cost
528-000-5-940-00 Other Capital $3,928,849 Estimated Cost
Total Fund Change $0
20th Street South BUILD Project
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
Second Reading and Action on Ordinance 20-002, an Ordinance authorizing Supplemental
Appropriation No. 1 to the 2020 Budget.
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.
Attachments:
Memo
Ordinance
Resolution 19-025
City of Brookings Printed on 1/24/2020Page 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 28, 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
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
4
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
5
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.
6
(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
8
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.
9
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 #:ID 20-0002,Version:1
Public Hearing and Action on a Temporary Liquor Application from St. Thomas More Catholic School,
to operate within the City of Brookings, South Dakota, on February 1, 2020, for a Winter Gala and
Grand Auction to be held at 1700 8th Street South.
Summary:
St. Thomas More has applied for a temporary alcohol license to hold a fundraising event on February
1, 2020 at their facility located at 1700 8th Street South. All temporary alcohol licenses must be
approved by the City Council through use of a public hearing.
Recommendation:
Staff recommends approval.
Attachments:
Legal Notice
City of Brookings Printed on 1/24/2020Page 1 of 1
powered by Legistar™
Public Hearing
Sale of Alcoholic Beverages
NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota,
will hold a public hearing at 6:00 p.m., Tuesday, January 28, 2020, in the Brookings City
& County Government Center, 520 Third Street, to consider a Temporary Liquor
License Application from St. Thomas More Catholic School, to operate within the City of
Brookings, South Dakota, on February 1, 2020, for a Winter Gala and Grand Auction to
be held at 1700 8th Street South. At which time and place all persons interested will be
given a full, fair and complete hearing thereon.
Dated at Brookings, South Dakota, this 17th day of January, 2020.
Bonnie Foster, City Clerk
Published time(s) at an approximate cost: $ .
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 20-010,Version:1
Public Hearing and Action on Resolution 20-010, a Resolution of Intent to Lease Real Property at
Brookings Airport to Madison Aircraft, LLC.
Summary:
This resolution will approve a Brookings Airport Hangar Lease to Madison Aircraft, LLC for a period of
five (5) years.
The City would like to renew the Hangar Lease with Madison Aircraft, LLC (Chris Funk) for 4,096
square feet in Section 26, Township 110 North, Range 50 West at the Brookings Airport. The 2020
lease rate will be $0.13/square foot resulting in a total annual lease amount of $532.48 due in
January each year. The lease rate may be adjusted annually by the City Council. The revenue from
the lease will be deposited in the Brookings Airport Budget.
Recommendation:
Staff recommends approval.
Attachments:
Memo
Resolution
Notice
Map
City of Brookings Printed on 1/24/2020Page 1 of 1
powered by Legistar™
City Council Agenda Memo
From: Jackie Lanning, City Engineer
Council Meeting: January 28, 2020
Subject: Public Hearing and Action on Resolution 20-010, A
Resolution of Intent to Lease Real Property at Brookings
Airport to Madison Aircraft, LLC
Person(s) Responsible: Jackie Lanning, City Engineer
Summary:
This resolution will approve a Brookings Airport hangar lease to Madison Aircraft, LLC
for a period of five (5) years.
Background:
The City would like to renew the hangar lease with Madison Aircraft, LLC (Chris Funk)
for 4,096 square feet in Section 26, Township 110 North, Range 50 West at the
Brookings Airport. The 2020 lease rate will be $0.13/square foot resulting in a total
annual lease amount of $532.48.
Since this lease is in excess of $500 and 120 days, the City is required to hold a public
hearing to adopt a resolution of intent to lease real property to a private person, which is
referenced in the following SDCL excerpts:
9-12-5. Powers - Lease or transfer of property for public purposes.
Every municipality shall have power to lease or sell or give and convey any personal or
real property of the municipality or perform any work or render any services, to the state
or any public corporation thereof, to be used by such grantee for an authorized public
purpose; such lease or sale or gift and conveyance, or the performance of such work, to
be authorized, made or done on the terms and in the manner provided by resolution of
the governing body.
9-12-5.1. Powers - Lease of property - Term and conditions.
Every municipality may lease its municipally-owned property. Any such lease shall be
for a term and upon the conditions provided by resolution of the governing body.
9-12-5.2. Powers - Lease to private person - Resolution - Notice - Hearing -
Authorization.
If the governing body decides to lease any municipally owned property to any private
person for a term exceeding one hundred twenty days and for an amount exceeding five
hundred dollars annual value it shall adopt a resolution of intent to enter into such lease
and fix a time and place for public hearing on the adoption of the resolution. Notice of
the hearing shall be published in the official newspaper once, at least ten days prior to
the hearing. Following the hearing the governing body may proceed to authorize the
lease upon the terms and conditions it determines.
The notice was published as required.
Discussion:
The rental lease rate will be $532.48 per year for 2020-2024 with annual increases as
approved by the City Council. The lease amount may be adjusted by the Brookings City
Council for future years, and the lease is payable the last working day in January of
each year. The City of Brookings may terminate this lease with a notice of 60 days to
the lessee.
Legal Consideration:
None.
Financial Consideration:
The City will enter into a lease agreement with Madison Aircraft, LLC, for a for a period
of five (5) years, ending 12/31/24, for the lease rate of $532.48 per year starting in 2020
and increased as adopted by City Council. The revenue is deposited in the airport fund.
Options:
The City Council has the following options:
1. Approve as presented
2. Deny
Recommendation:
Staff recommends approval of the resolution as presented.
Action Requested:
Approve the resolution of Intent to Lease Real Property at Brookings Airport to Madison
Aircraft, LLC.
Supporting Documentation:
1. Resolution
2. Notice
Resolution 20-010
A Resolution of Intent to Lease Real Property at
Brookings Airport to Madison Aircraft, LLC
Be It Resolved by the governing body of the City of Brookings, South Dakota, that the
City of Brookings intends to enter into a Lease with Madison Aircraft, LLC for a period of
five (5) years, commencing on January 1, 2020 and ending December 31, 2024 and
pertaining to the following described property:
4,096 square feet in Lot U1, Airport Hangar Addition Number One, Section 26,
Township 110 North, Range 50 West of the 5th P.M., City of Brookings, County of
Brookings, State of South Dakota.
The lease will be payable annually by the last day of January of each year and subject
to increases set by the Brookings City Council. The 2020 lease amount will be five
hundred thirty two dollars and forty eights cents ($532.48) payable January 31, 2020.
The City of Brookings may terminate this Lease with sixty days notice.
Be It Further Noted, that a Public Hearing on this Resolution was held on January 28,
2020 at 6:00 o’clock P.M. in the Chambers at the Brookings City and County
Government Center and that all persons were given an opportunity to be heard on the
intent to lease real property.
Passed and approved this 28th day of January, 2020.
CITY OF BROOKINGS
____________________________
Keith W. Corbett, Mayor
ATTEST:
__________________________
Bonnie Foster, City Clerk
Notice Of Public Hearing On Adoption Of Resolution Of Intent To Lease Real Property
to Madison Aircraft LLC
Notice Is Hereby given that on Tuesday, January 28, 2020 at 6:00 o’clock P.M., the
Brookings City Council will hold a public hearing in the Chambers, Brookings City and
Government Center, 520 3rd Street, Brookings, South Dakota, on the Resolution of Intent
of the City of Brookings to lease to Madison Aircraft LLC the following property:
4,096 square feet in Lot U1 in Airport Hangar Addition Number One, Section 26,
Township 110 North, Range 50 West of the 5th P.M., City of Brookings, County of
Brookings, State of South Dakota
At the time and place affixed for said public hearing, all who appear will be given an
opportunity to express their views for or against the proposal to lease the above described
property to South Dakota State University.
Dated this 17th day of January, 2020.
Bonnie Foster, City Clerk
Published ___ time(s) at an approximate cost $___________.
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.
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 20-011,Version:1
Public Hearing and Action on Resolution 20-011, a Resolution of Intent to Lease Real Property at
Brookings Airport to Civil Air Patrol Inc.
Summary:
This resolution will approve leasing the Brookings Airport Terminal Building to Civil Air Patrol, Inc. for
a period of five (5) years.
The City would like to renew a lease to the Civil Air Patrol for the Airport Terminal Building. The Civil
Air Patrol is an affiliate of the “SD Civil Air Patrol Wing” and they provide Cadet programs for
leadership, aerospace education to interested students, and emergency services. They have been
leasing the Terminal Building since 2012. The City Council had approved a reduced lease rate for
the Civil Air Patrol for the last 5 years due to their limited funding. The City is allowed to apply a
lower lease rate for Not-For-Profit Aviation Organizations. The lease rate will be $84.42 per month
plus half of the utility costs for 2020 with a 3% annual increase in the lease amount each January 1st.
Recommendation:
Staff recommends approval.
Attachments:
Memo
Resolution
Notice
Map
City of Brookings Printed on 1/24/2020Page 1 of 1
powered by Legistar™
City Council Agenda Memo
From: Jackie Lanning, City Engineer
Council Meeting: January 28, 2020
Subject: Public Hearing and Action on Resolution 20-011, A
Resolution of Intent to Lease Real Property at Brookings
Airport to Civil Air Patrol, Inc.
Person(s) Responsible: Jackie Lanning, City Engineer
Summary:
This resolution will approve leasing the Brookings Airport Terminal Building to Civil Air
Patrol, Inc. for a period of five (5) years.
Background:
The City would like to renew a lease to the Civil Air Patrol for the City-owned Airport
Terminal Building. The Civil Air Patrol is an affiliate of the “SD Civil Air Patrol
Wing.” Their mission is to provide Cadet programs for leadership, aerospace educat ion
to interested students, and emergency services. There are 550 civil air patrol aircraft
nationwide and 6 of the planes are in South Dakota. The plane is owned by the Air
Force and the Wing Group provides funding for the hangar for the plane, and fuel for
some missions. The Brookings Civil Air Patrol has18 members (4 “senior” members
who are over 21 years old, and 14 students between the ages of 12 and 18). They
meet weekly with the students for education and leadership, and they hold other events
such as search and rescue, training, annual conference, etc.
The Civil Air Patrol have been leasing the terminal building since 2012. The City
Council had approved a reduced lease rate to the Civil Air Patrol since 2016 due to their
limited funding. The local Civil Air Patrol Group pays for their own building rent, utilities
and fuel. Their annual operating budget is approximately $3,000, which is raised with
fund raisers such as washing planes, etc. They also pay rent for the hangar for the
plane at Pheasant’s Fury and purchase gas, both of which benefit the airport. The 2019
lease rate was $81.96 per month and they also pay for ½ of the utilities for the building.
The City is allowed to apply a lower lease rate for this type of group. The FAA Airport
Compliance Manual, Order 5190-6B, Chapter 17, on Self-sustainability, provides an
exception for Not-for-Profit Aviation Organizations, which is as follows:
“17.16. Exception for Not-for-Profit Aviation Organizations. Reduced Rent. A sponsor
may charge reduced rental rates to aviation museums and aeronautical secondary and
post-secondary education programs conducted by accredited education institutions to
the extent that civil aviation receives reasonable tangible or intangible benefits from
such use. A sponsor may also charge reduced rental rates to Civil Air Patrol units
operating aircraft at the airport.”
The following state statutes would apply:
9-12-5. Powers - Lease or transfer of property for public purposes.
Every municipality shall have power to lease or sell or give and convey any personal or
real property of the municipality or perform any work or render any services, to the state
or any public corporation thereof, to be used by such grantee for an authorized public
purpose; such lease or sale or gift and conveyance, or the performance of such work, to
be authorized, made or done on the terms and in the manner provided by resolution of
the governing body.
9-12-5.1. Powers - Lease of property - Term and conditions.
Every municipality may lease its municipally-owned property. Any such lease shall be
for a term and upon the conditions provided by resolution of the governing body.
9-12-5.2. Powers - Lease to private person - Resolution - Notice - Hearing -
Authorization.
If the governing body decides to lease any municipally owned property to any private
person for a term exceeding one hundred twenty days and for an amount exceeding five
hundred dollars annual value it shall adopt a resolution of intent to enter into such lease
and fix a time and place for public hearing on the adoption of the resolution. Notice of
the hearing shall be published in the official newspaper once, at least ten days prior to
the hearing. Following the hearing the governing body may proceed to authorize the
lease upon the terms and conditions it determines.
The notice was published as required.
Discussion:
The rental lease rate will be $84.42 per month for 2020 for the leased square footage,
which is a 3% increase from the 2019 lease rate. There will be an annual rate increase
of 3% on January 1st of each year. Civil Air Patrol Inc. will also pay ½ the utilities for the
building and the City will cover the other ½ of the utilities since part of the building
houses FAA equipment and is not included in the lease space.
Legal Consideration:
None.
Financial Consideration:
The City will enter into a lease agreement with the Civil Air Patrol, Inc. for a period of
five (5) years, ending December 31, 2024, for the lease rate of $84.42 per month
starting in 2020 and increasing 3% per year. The revenue is deposited in the Airport
Fund.
Options:
The City Council has the following options:
1. Approve as presented
2. Deny
Recommendation:
Staff recommends approval of the resolution as presented.
Action Requested:
Approve the resolution of Intent to Lease Real Property at Brookings Airport to Civil Air
Patrol, Inc.
Supporting Documentation:
1. Resolution
2. Notice
Resolution 20-011
Resolution of Intent to Lease Real Property to Civil Air Patrol, Inc.
Be It Resolved by the governing body of the City of Brookings, South Dakota, that the
City of Brookings intends to enter into a Lease with Civil Air Patrol Inc. for a period of
five (5) years, commencing on February 1, 2020 and ending December 31, 2024 and
pertaining to the following described property: approximately 1,040 square feet in the
Brookings Airport Terminal Building in Section 26 -T110N-R50W, City of Brookings,
South Dakota.
The Lease will be in the amount of eighty-four dollars and forty-two cents cents
($84.42) per month, payable by the first day of each month. The lease amount will be
increased 3% beginning on January 1st of each year. The Lessor or Lessee may
terminate this Lease with a notice of 30 days.
Be It Further Noted, that a public hearing on this Resolution was held on January 28,
2020 at 6:00 o’clock P.M. at the Chambers at the City & County Government Center
and that all persons were given an opportunity to be heard on the intent to lease real
property.
Passed and approved this 28th day of January, 2020.
CITY OF BROOKINGS
____________________________________
Keith W. Corbett, Mayor
ATTEST:
__________________________
Bonnie Foster, City Clerk
Notice of Public Hearing on Adoption of Resolution of Intent
To Lease Real Property To Civil Air Patrol, Inc.
Notice is Hereby given that on Tuesday, January 28, 2020 at 6:00 o’clock P.M.,
the Brookings City Council will hold a public hearing in the Chambers, City & County
Government Center, 520 3rd Street, Brookings, South Dakota, on the Resolution of Intent
of the City of Brookings to lease to Civil Air Patrol Inc. the following property:
Approximately 1040 square feet in the Brookings Airport Terminal Building,
Brookings Regional Airport, in Section 26, T110N, R50W in the City of Brookings,
Brookings County, South Dakota.
At the time and place affixed for said public hearing, all who appear will be given
an opportunity to express their views for or against the proposal to lease the above
described property to Civil Air Patrol Inc.
Dated this 17th day of January, 2020
"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."
Bonnie Foster, City Clerk
Published ___ time(s) at an approximate cost: $_____________.
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1584 1/1/2020 $196.08
1944 1/1/2020 5233 .2 8
2268 12/3 1/2 1 $272.16
1920 12/3 1/23 $230.40
JERRY WALTMA N LOT 2 EXC . E4', & 15 0 L 12/31/2 1 5 180.48
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12/3 1/20 $63.3.60
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1/1/2022 $633 .60
12/31/20 $2 6 4.00
12/3 1/2 1 $.336.00
12/31/2.3 $249 .60
12/3 1/20 $367.09
12/.3 1/19 $491.52
12/31/21 5540.00
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 20-012,Version:1
Action on Resolution 20-012, a Resolution Amending the Consolidated Fee Schedule.
Summary:
This resolution will update certain Community Development Department, EdgeBrook Golf Course,
and Parks, Recreation & Forestry Department fees.
Background:
The City of Brookings charges fees to offset operational expenses and ensure the financial
sustainability of programs and services.
Staff aggregated all City fees into the Consolidated Fee Schedule, Resolution 19-075, which was
adopted by City Council on September 24, 2019 as part of the 2020 Budget process. From time to
time, the Consolidated Fee Schedule will be revisited and updated to ensure that City fees are up-to-
date and align with current markets.
Fiscal Impact:
Certain EdgeBrook Golf Course, and Parks, Recreation, & Forestry Department fees will increase.
Recommendation:
Staff recommends approval.
Attachments:
Memo
Resolution - Marked
Resolution - Clean
Consolidated Fee Schedule - Marked
Consolidated Fee Schedule - Clean
Ordinance 19-020
Resolution 19-075
City of Brookings Printed on 1/24/2020Page 1 of 1
powered by Legistar™
City Council Agenda Memo
From: Jacob Meshke, Assistant City Manager
Council Meeting: January 28, 2020
Subject: Resolution 20-012, A Resolution Amending the Consolidated
Fee Schedule
Person(s) Responsible: Jacob Meshke, Assistant City Manager
Summary:
This resolution will update certain Parks, Recreation, and Forestry, Edgebrook Golf
Course, and Community Development fees.
Background:
The City of Brookings charges fees to offset operational expenses and ensure the
financial sustainability of programs and services.
Staff aggregated all City fees into the Consolidated Fee Schedule, Resolution 19-075,
which was adopted by City Council on September 24, 2019 as part of the 2020 Budget
process. From time to time, the Consolidated Fee Schedule will be revisited and
updated to ensure that City fees are up-to-date and align with current markets.
Discussion:
With the adoption of Ordinance 19-020, major and minor amendments were
respectively changed to initial development plan and final development plan
amendments as they relate to Planned Development Districts (PDD). This resolution
would update Community Development fee language to reflect that change while
keeping the fees at the same level.
Parks, Recreation and Forestry Department staff identified two areas for proposed
fee/rate adjustments in order to more effectively support operations at the Hillcrest
Aquatic Center and the Edgebrook Golf Course. Comparable rates for similar
communities in the region were researched and reviewed. The proposed fee
adjustments maintain consistency with “like” services in the market area while still
providing value to Brookings residents.
Daily fees at the Aquatic Center have remained static since 2014. Golf course rates are
largely aligned with the fees adopted within the Consolidated Fee Schedule as part of
the 2020 Budget process. The proposed changes would be implemented primarily to
combine two separate “early bird” pricing periods into a single discount term. The
streamlined pricing model will create a more efficient registration process and less
confusion for customers and staff.
The proposed fee changes were reviewed and approved by the Parks, Recreation and
Forestry Advisory Board at their January 6, 2020 meeting.
Legal Consideration:
None.
Financial Consideration:
Certain Parks, Recreation, and Forestry and Edgebrook Golf Course fees will increase.
Options:
The City Council has the following options:
1. Approve as presented
2. Amend
3. Refer to a work session
4. Deny
Recommendation:
Staff recommends approval of the resolution as presented.
Supporting Documentation:
1. Resolution – Marked
2. Resolution – Clean
3. Consolidated Fee Schedule – Marked
4. Consolidated Fee Schedule – Clean
5. Ordinance 19-020
6. Resolution 19-075
Resolution 20-012
Resolution Amending the Consolidated Fee Schedule
W hereas, the adopted Municipal Code and City Policies make references to fees
charged; and
W hereas, it is prudent that the fees be reviewed for cost effectiveness .
Now, Therefore, Be It Resolved, that the City of Brookings hereby adopts the following
adjustments to the 2020 Consolidated Fee Schedule:
Fee Description Resolution City Code Fee
Hillcrest Aquatics Center Season Pass
Individual 19-075 Sec. 62-45 $55.00
$60.00
Family of Three (3) 19-075 Sec. 62-45 $140.00
$150.00
Daily Admission 19-075 Sec. 62-45 $5.00
$6.00
Discount Cards 19-075 Sec. 62-45 $45.00
$54.00
Hillcrest Courts League Fees
Family of Three (3) 19-075 Sec. 62-45 $1,000.00
Individual 19-075 Sec. 62-45 $70.00
Senior (62 & Older) 19-075 Sec. 62-45 $50.00
Recreation Programs
Red Cross Lessons (M-Th) – Early Bird 19-075 Sec. 62-45 $32.00
$35.00
Red Cross Lessons (Tu, Th) – Early
Bird
19-075 Sec. 62-45 $32.00
$35.00
Wee Waders (M, W) – Early Bird 19-075 Sec. 62-45 $25.00
$35.00
Junior Lifeguarding – Early Bird 19-075 Sec. 62-45 $36.00
$40.00
Red Cross Lessons (M-Th) 19-075 Sec. 62-45 $38.00
$41.00
Red Cross Lessons (Tu, Th) 19-075 Sec. 62-45 $38.00
$41.00
Wee Waders (M,W) 19-075 Sec. 62-45 $31.00
$41.00
Junior Lifeguarding 19-075 Sec. 62-45 $45.00
$46.00
Planning & Zoning
Major Initial Development Plan
Amendment
19-075 Sec. 66-29 $250.00
Minor Final Development Plan
Amendment
19-075 Sec. 66-29 $100.00
Portable Signs Per Week Month
(maximum permit period shall not carry
over from one permit period to the next)
19-075 Sec. 94-467 $50.00
Fee Description Eagle
Special
Birdie
Special
Regular Early
Bird
Regular
Unlimited Golf
Youth $195.00 $220.00 $220.00 $190.00 $225.00
Young Adult $445.00 $471.00 $498.00 $465.00 $550.00
Senior / Veteran $445.00 $471.00 $498.00 $465.00 $550.00
Young Adult Couple $498.00 $524.00 $603.00 $520.00 $610.00
Senior Couple $498.00 $524.00 $603.00 $520.00 $610.00
Individual $530.00 $555.00 $634.00 $550.00 $650.00
Couples $613.00 $639.00 $850.00 $630.00 $750.00
Family $697.00 $723.00 $924.00 $720.00 $850.00
College Student $235.00 $261.00 $261.00 $255.00 $300.00
Unlimited Golf & Half Cart Packages
Young Adult $718.00 $744.00 $823.00 $725.00 $850.00
Senior / Veteran $718.00 $744.00 $823.00 $725.00 $850.00
Young Adult Couple $771.00 $797.00 $876.00 $780.00 $920.00
Senior Couple $771.00 $797.00 $876.00 $780.00 $920.00
Individual $739.00 $765.00 $844.00 $745.00 $875.00
Couples $792.00 $818.00 $949.00 $805.00 $950.00
Family $844.00 $870.00 $970.00 $850.00 $1,000.00
College Student $445.00 $471.00 $471.00 $455.00 $535.00
All Resolutions or parts of Resolutions in conflict herewith are hereby repealed.
Dated at Brookings, SD, this 28th day of January, 2020.
CITY OF BROOKINGS
________________________________
Keith W. Corbett, Mayor
ATTEST:
_________________________________
Bonnie Foster, City Clerk
Resolution 20-012
Resolution Amending the Consolidated Fee Schedule
W hereas, the adopted Municipal Code and City Policies make references to fees
charged; and
W hereas, it is prudent that the fees be reviewed for cost effectiveness .
Now, Therefore, Be It Resolved, that the City of Brookings hereby adopts the following
adjustments to the 2020 Consolidated Fee Schedule:
Fee Description Resolution City Code Fee
Hillcrest Aquatics Center Season Pass
Individual 19-075 Sec. 62-45 $60.00
Family of Three (3) 19-075 Sec. 62-45 $150.00
Daily Admission 19-075 Sec. 62-45 $6.00
Discount Cards 19-075 Sec. 62-45 $54.00
Recreation Programs
Red Cross Lessons – Early Bird 19-075 Sec. 62-45 $35.00
Wee Waders – Early Bird 19-075 Sec. 62-45 $35.00
Junior Lifeguarding – Early Bird 19-075 Sec. 62-45 $40.00
Red Cross Lessons 19-075 Sec. 62-45 $41.00
Wee Waders 19-075 Sec. 62-45 $41.00
Junior Lifeguarding 19-075 Sec. 62-45 $46.00
Planning & Zoning
Initial Development Plan Amendment 19-075 Sec. 66-29 $250.00
Final Development Plan Amendment 19-075 Sec. 66-29 $100.00
Portable Signs Per Month (maximum permit period shall
not carry over from one permit period to the next)
19-075 Sec. 94-467 $50.00
Fee Description Early Bird Regular
Unlimited Golf
Youth $190.00 $225.00
Young Adult $465.00 $550.00
Senior / Veteran $465.00 $550.00
Young Adult Couple $520.00 $610.00
Senior Couple $520.00 $610.00
Individual $550.00 $650.00
Couples $630.00 $750.00
Family $720.00 $850.00
College Student $255.00 $300.00
Unlimited Golf & Half Cart Packages
Young Adult $725.00 $850.00
Senior / Veteran $725.00 $850.00
Young Adult Couple $780.00 $920.00
Senior Couple $780.00 $920.00
Individual $745.00 $875.00
Couples $805.00 $950.00
Family $850.00 $1,000.00
College Student $455.00 $535.00
All Resolutions or parts of Resolutions in conflict herewith are hereby repealed.
Dated at Brookings, SD, this 28th day of January, 2020.
CITY OF BROOKINGS
________________________________
Keith W. Corbett, Mayor
ATTEST:
_________________________________
Bonnie Foster, City Clerk
City of Brookings
Fee Schedule
Fee Description Resolution City Code Fee
Airport
Land Lease Per Square Foot
For Private/Collegiate Hangars 19-075 Sec. 18-42 $0.13
For Commercial Hangars 19-075 Sec. 18-42 $0.17
Late Fee Payment (After 15-30 Days)19-075 Sec. 18-42 3% of lease
Fuel Flowage
Per Gallon FBO 19-075 Sec. 18-42 $0.06
Per Gallon Others 19-075 Sec. 18-42 $0.06
Crop Land Lease 19-075 Sec. 18-42 Based on Bid
Tie Down Fee
Per Week for Tie Down 7 Days or Longer (Collected by FBO with a 10% Collection Fee)19-075 Sec. 18-42 $25.00
Hangar Application Fee 19-075 Sec. 18-42 $25.00
Callout/After Hour Fee (Per Hour/1 Hour Minimum) 19-075 Sec. 18-42 $50.00
ARFF Fee 19-075 Sec. 18-42 $100.00
Landing Fees by Pounds (Based on Aircraft Size, collected by FBO with a 10% Collection Fee)
Light Jet (max takeoff weight above 12,500 lbs)19-075 Sec. 18-42 $100.00
Mid Size Jet 19-075 Sec. 18-42 $150.00
Heavy Jet 19-075 Sec. 18-42 $175.00
Commercial Use and Operating Permit (Airport Manager Waiver)19-075 Sec. 18-42 $250.00
Labor Rates (Per Hour/1 Hour Minimum)
With Equipment 19-075 Sec. 18-42 $75.00
Without Equipment 19-075 Sec. 18-42 $50.00
Escort Fee 19-075 Sec. 18-42 $20.00
Gate Card 19-075 Sec. 18-42 $10.00
Security/Safety Violation Fees (Improper Gate Operations, Parking, and Movement Area)19-075 Sec. 18-42 $45.00
City Clerk
Circuses/Carnivals
Each Circus Per Day 19-075 Sec. 26-35 $75.00
Each Carnival or similar exhibition, per day 19-075 Sec. 26-35 $25.00
Commercial Garbage Haulers
License 19-075 Sec. 26-35 $50.00
Each annual renewal 19-075 Sec. 26-35 $25.00
House Movers (Per Year)19-075 Sec. 26-35 $50.00
Pawnbrokers (Per Year)19-075 Sec. 26-35 $50.00
Plumbing Contractor
License 19-075 Sec. 26-35 $50.00
Each annual renewal 19-075 Sec. 26-35 $25.00
Vehicles for Hire
First vehicle for hire per year 19-075 Sec. 26-35 $25.00
Each additional vehicle operated by the same person per year 19-075 Sec. 26-35 $10.00
Transient Merchants (Per Month)19-075 Sec. 26-345 $100.00
DVD or CD (Per Disk)19-075 Sec. 3-03 $5.00
Transportation Network Company
License 19-075 Sec. 26-282 $250.00
License - New Drivers 19-075 Sec. 26-282 $25.00
Per Year 19-075 Sec. 26-282 $15.00
Food Truck (Per Year)19-075 Sec. 26-424 $75.00
Temporary Merchant - General (Per Year)19-075 Sec. 26-384 $50.00
Temporary Merchant - Food Cart (Per Year)19-075 Sec. 26-384 $75.00
Public Records Request - Staff Time (Per Hour)19-075 Sec. 3-03 $25.00
Cost for Copies
Letter or Legal Size (Per Page)19-075 Sec. 3-03 $0.25
11" x 17" (Per Page)19-075 Sec. 3-03 $0.50
Code Enforcement
Code Enforcement Investigation (Per Hour/1 Hour Minimum)19-075 $45.00
Rental Dwelling License Inspection Fees (Per Structure)
First and Second Inspection 19-075 Sec. 22-405 $0.00
Third and Subsequent Inspections 19-075 Sec. 22-405 $50.00
Collection/Landfill
Residential Rate (Monthly Plus Sales Tax)19-075 Sec. 70-73 $18.00
Additional Carts (Monthly Plus Sales Tax)19-075 Sec. 70-73 $4.00
Yard Waste - Special Bag (Per Bag)19-075 Sec. 70-73 $1.00
Commercial Charges - Five (5) Carts (Monthly Plus Sales Tax)19-075 Sec. 70-73 $35.00
Additional Carts (Monthly Plus Sales Tax)19-075 Sec. 70-73 $4.00
Dumpster Charges - Twice Per Week Pick Up (Monthly Plus Sales Tax)
1.5 Cubic Yard Container 19-075 Sec. 70-73 $90.00
Two (2) Cubic Yard Container 19-075 Sec. 70-73 $115.00
Three (3) Cubic Yard Container 19-075 Sec. 70-73 $140.00
Four (4) Cubic Yard Container 19-075 Sec. 70-73 $165.00
Five (5) Cubic Yard Container 19-075 Sec. 70-73 $190.00
Six (6) Cubic Yard Container 19-075 Sec. 70-73 $217.00
Seven (7) Cubic Yard Container 19-075 Sec. 70-73 $243.00
Eight (8) Cubic Yard Container 19-075 Sec. 70-73 $268.00
Dumpster Charges - Additional Pick Up
1.5 Cubic Yard Container (Plus Sales Tax)19-075 Sec. 70-73 $29.00
Two (2) Cubic Yard Container (Plus Sales Tax)19-075 Sec. 70-73 $35.00
Three (3) Cubic Yard Container (Plus Sales Tax)19-075 Sec. 70-73 $47.00
Four (4) Cubic Yard Container (Plus Sales Tax)19-075 Sec. 70-73 $58.00
240 Pound Material Minimum (Plus Sales Tax and $1 Per Ton State Fee)19-075 Sec. 70-203 $5.00
Commercial (Plus Sales Tax and $1 Per Ton State Fee)19-075 Sec. 70-203 $43.00
Compost/Leaves/Grass (Plus Sales Tax and $1 Per Ton State Fee)19-075 Sec. 70-203 $43.00
Demolition (Plus Sales Tax and $1 Per Ton State Fee)19-075 Sec. 70-203 $43.00
Domestic (Plus Sales Tax and $1 Per Ton State Fee)19-075 Sec. 70-203 $43.00
Industrial (Plus Sales Tax and $1 Per Ton State Fee)19-075 Sec. 70-203 $43.00
Metal (Plus Sales Tax and $1 Per Ton State Fee)19-075 Sec. 70-203 $43.00
Asbestos (Region Only) (Plus Sales Tax and $1 Per Ton State Fee)19-075 Sec. 70-203 $43.00
Service Area Fee 19-075 Sec. 70-203 $9.50
Uncovered Load Fee 19-075 Sec. 70-203 $10.00
500 Pound Material Minimum (Plus Sales Tax)19-075 Sec. 70-203 $5.00
Fill (Per Ton Plus Sales Tax)19-075 Sec. 70-203 $21.00
Lumber (Per Ton Plus Sales Tax)19-075 Sec. 70-203 $21.00
Roofing and Siding (Per Ton Plus Sales Tax)19-075 Sec. 70-203 $21.00
Concrete (Per Ton Plus Sales Tax)19-075 Sec. 70-203 $21.00
Trees (Per Ton Plus Sales Tax)19-075 Sec. 70-203 $21.00
Contaminated Soil (Per Ton Plus Sales Tax)19-075 Sec. 70-203 $15.00
Asbestos (Accepted in Region Only) (Per Bag Plus Sales Tax)19-075 Sec. 70-203 $7.50
Refrigerators/Air Conditioners 19-075 Sec. 70-203 $12.00
Mobile Homes 19-075 Sec. 70-203 $250.00
Tires
ATV 19-075 Sec. 70-203 $2.00
Car 19-075 Sec. 70-203 $4.00
Pickup 19-075 Sec. 70-203 $6.00
Tire on Rim 19-075 Sec. 70-203 $8.00
Truck 19-075 Sec. 70-203 $13.00
Tractor 19-075 Sec. 70-203 $35.00
Engineering - Residential Building Permit Fees
The base valuation to determine permit fees for residential buildings and additions are based on a
dollar per square foot schedule per the following. The bid price must be quoted for renovations or
remodels.
Dwellings - Single-family dwellings, duplexes, townhouses
Finished Habitable Space Per Square Foot 19-075 Sec. 22-35 $70.00
Finished Basements Per Square Foot 19-075 Sec. 22-35 $30.00
Unfinished Space (Basement and Upper Levels) Per Square Foot 19-075 Sec. 22-35 $18.00
Attached Garages Per Square Foot 19-075 Sec. 22-35 $20.00
Detached Garages Per Square Foot 19-075 Sec. 22-35 $18.00
Building Permit Fee Schedule Group R-3 and U Occupancies Only
Total Valuation
$1.00 to 1,200.00 19-075 Sec. 22-35 $20.00
$1,200.01 to 2,000.00 19-075 Sec. 22-35
$10 for the first $500.00
plus $1.50 for each
additional $100.00 or
fraction thereof, to
and including $2,000,
for valuation in excess
of $1,100.00
$2,000.01 to $25,000.00 19-075 Sec. 22-35
$32.50 for the first
$2,000.00 plus $6.00 for
each additional
$1,000.00 or fraction
thereof, to and
including $25,000.00.
$25,000.01 to 50,000.00 19-075 Sec. 22-35
$170.50 for the first
$25,000.00 plus $4.50
for each additional
$1,000.00 or fraction
thereof, to and
including $50,000.00.
$50,000.01 to 100,000.00 19-075 Sec. 22-35
$283.00 for the first
$50,000.00 plus $3.00
for each additional
$1,000.00 or fraction
thereof, to and
including $100,000.00.
$100,000.01 and Up 19-075 Sec. 22-35
$433.00 for the first
$100,000.00 plus $2.50
for each additional
$1,000.00 or fraction
thereof
Commercial Building Permit Fees
The value to be used in computing the building permit fee for all commercial construction,
remodeling, renovation, and repairs shall be the total value of all construction work for which the
permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air-
conditioning, elevators, fire extinguishing system, and other permanent equipment exclusive of site
improvements and parking lot costs. 19-075 Sec. 22-35
Total Valuation 19-075 Sec. 22-35
$100,000.01 to 500,000.00 19-075 Sec. 22-35
$639.50 for the first
$100,000 plus $3.50 for
each additional
$1,000 or fraction
thereof, to and
including $500,000.00
$500,000.01 to 1,000,000.00 19-075 Sec. 22-35
$2,039.50 for the first
$500,000 plus $3.00 for
each additional
$1,000 or fraction
thereof, to and
including $1,000,000.00
$1,000,000.00 and Up 19-075 Sec. 22-35
$3,539.50 for the first
$1,000,000 plus $2.00
for each additional
$1,000 or fraction
thereof.
Other Inspection Fees
Inspections outside normal business hours per hour (minimum charge of one hour)19-075 Sec. 22-35 $50.00
Inspection for which no fee is specifically indicated per hour (minimum charge of 1/2 hour)19-075 Sec. 22-35 $50.00
Re-inspection fees assessed under provisions of Section R108 IRC and 108 IBC per hour 19-075 Sec. 22-35 $50.00
One-story detached accessory structure with floor area less than or equal to 200 Sq. Ft.19-075 Sec. 22-35 $25.00
Driveway, demolition, and other minor construction per permit 19-075 Sec. 22-35 $25.00
Roofing, Siding and Windows: Group R-2 and R-3 Uses and Group U Uses accessory to R-2 and
R-3 Uses 19-075 Sec. 22-35 $25.00
Moving Fee: Dwelling originally constructed on-site and previously occupied 19-075 Sec. 22-35 $200.00
Moving Fee: Dwelling originally constructed on-site to be moved out of City Limits 19-075 Sec. 22-35 $50.00
Moving Fee: Accessory building, mobile home, modular home, manufactured home 19-075 Sec. 22-35 $50.00
Residential Contractor's License Annual Fee 19-075 Sec. 22-35 $75.00
Work commencing before permit issuance: The minimum investigation fee shall be equal to
the amount of the permit fee required by code.19-075 Sec. 22-35
Fire
Fire Protection System Fees
Fire Sprinkler Systems 19-075 Sec. 34-81
$75.00 plus $.45 per
sprinkler head
Retrofitted Fire Sprinkler Systems 19-075 Sec. 34-81
$75.00 plus $.45 per
sprinkler head
Kitchen Hood Extinguishing Systems 19-075 Sec. 34-81 $90.00
Kitchen Hood Extinguishing Systems Modification 19-075 Sec. 34-81 $45.00
Clean Agent or Other Total Flooding System (Per Square Foot)19-075 Sec. 34-81 $0.20
Fire Alarm Systems 19-075 Sec. 34-81
$75.00 plus $.45 per
each ignition and
signaling device
Fire Alarm System Modifications 19-075 Sec. 34-81
$37.50 plus $.45 per
each ignition and
signaling device
False Alarm Fire Calls When Trucks Roll
First Call 19-075 $0.00
Second Call 19-075 $50.00
Third Call 19-075 $100.00
Flammable and Combustible Liquid Fees
Flammable and Combustible Liquids 19-075 Sec. 34-81 $90.00
Flammable and Combustible Liquid Modifications 19-075 Sec. 34-81 $45.00
Site Plan Review
Site Plan Review Per Hour (1 HR Minimum)19-075 Sec. 34-81 $45.00
Inspections Outside of Normal Business Hours Per Hour (2 HR Minimum 19-075 Sec. 34-81 $45.00
Re-Inspection Per Hour (1 HR Minimum)19-075 Sec. 34-81 $45.00
Fire Incident Reports 19-075 Sec. 3-03 $10.00
Industrial Land
Crop Land Lease 19-075 Based on Bid
Library
Out of County Library Card
Per Individual 19-075 Sec. 54-32 $35.00
Per Family 19-075 Sec. 54-32 $45.00
Fax (Sent or Received Per Page)19-075 Sec. 54-32 $2.25
Fines (Per Day Books)19-075 Sec. 54-32 $0.10
Fines (Per Day DVDs/VHS)19-075 Sec. 54-32 $1.00
Process Fee (Lost Material Per Item)19-075 Sec. 54-32 $5.00
Parks, Recreation, and Forestry
Weed Control (Plus Contractor Cost)19-075 Sec. 62-89 $65.00
Mowing (First Hour)19-075 Sec. 62-89 $150.00
Each Additional Hour or Fraction 19-075 Sec. 62-89 $85.00
Each Additional Hour Large Area 19-075 Sec. 62-89 $125.00
Sidewalk Snow Removal (First Offense)
Per Hour Per Piece of Equipment/1 Hour Minimum 19-075 Sec. 74-213 $125.00
Sidewalk Snow Removal (Second Offense)
Per Hour Per Piece of Equipment/1 Hour Minimum 19-075 Sec. 74-213 $175.00
DED Removal/BMU Line Clearance 19-075 Sec. 62-170
Aerial Bucket Plus Employee Wage 19-075 Sec. 62-170 $160.00
Loader Plus Employee Wage 19-075 Sec. 62-170 $130.00
Trucks Plus Employee Wage 19-075 Sec. 62-170 $90.00
Chipper Plus Employee Wage 19-075 Sec. 62-170 $90.00
Chainsaw/Miscellaneous Equipment Plus Employee Wage 19-075 Sec. 62-170 $70.00
Equipment Rental Rates
Picnic Table Rental (Per Day)19-075 Sec. 62-45 $25.00
Three (3) Row Bleacher Rental (Per Day) 19-075 Sec. 62-45 $50.00
Ball Field Rental Rates
Type I - No Setup (e.g. Chalking, Lining, etc.)19-075 Sec. 62-45 $25.00
Type II - With One (1) Setup (e.g. Chalking, Lining, etc.)19-075 Sec. 62-45 $75.00
Type II - Per Additional Day Time Setup (e.g. Chalking, Lining, etc.)19-075 Sec. 62-45 $35.00
Type II - Per Additional Night Time Setup (e.g. Chalking, Lining, etc.)19-075 Sec. 62-45 $65.00
Fishback Soccer Park Rental Rates
Type I - No Lining (Per Hour)19-075 Sec. 62-45 $25.00
Type II - One Lining Per Field (First Hour)19-075 Sec. 62-45 $100.00
Type II - Each Additional Field Hour 19-075 Sec. 62-45 $25.00
Type II - Additional Field Lining 19-075 Sec. 62-45 $120.00
Hillcrest Aquatics Center Season Pass
Individual 19-075 Sec. 62-45 $55.00 $60.00
Family of Three (3)19-075 Sec. 62-45 $140.00 $150.00
Additional Family 19-075 Sec. 62-45 $25.00
Daily Admission 19-075 Sec. 62-45 $5.00 $6.00
Discount Cards 19-075 Sec. 62-45 $45.00 $54.00
Hillcrest Courts League Fees
Family of Three (3)19-075 Sec. 62-45 $1,000.00
Individual 19-075 Sec. 62-45 $70.00
Senior (62 & Older)19-075 Sec. 62-45 $50.00
Larson Ice Center
Non-Profit Rental Rate (Per Hour)19-075 Sec. 62-45 $140.00
Profit Rental Rate (Per Hour)19-075 Sec. 62-45 $140.00
Daily Admission 19-075 Sec. 62-45 $4.00
Punch Card 19-075 Sec. 62-45 $25.00
Skate/Helmet Rental 19-075 Sec. 62-45 $3.00
Adult Hockey 19-075 Sec. 62-45 $10.00
Adult Leagues
Sand Volleyball League 19-075 Sec. 62-45 $60.00
Adult Kickball League 19-075 Sec. 62-45 $60.00
Fall Women's Volleyball 19-075 Sec. 62-45 $165.00
Winter Women's Volleyball 19-075 Sec. 62-45 $165.00
Both Volleyball Sessions 19-075 Sec. 62-45 $305.00
Coed Volleyball 19-075 Sec. 62-45 $205.00
Basketball 19-075 Sec. 62-45 $205.00
Reservations
Community Gardens (Per Season)19-075 Sec. 62-45 $30.00
5th Street Court Rentals (Per 1.5 Hours)19-075 Sec. 62-45 $20.00
Picnic Shelter Reservations
Small Hall Day (Hillcrest B, C, Pioneer)19-075 Sec. 62-45 $15.00
Small Day (Hillcrest, B, C, Pioneer)19-075 Sec. 62-45 $25.00
Large Half Day (Hillcrest A, E)19-075 Sec. 62-45 $20.00
Large Day (Hillcrest A, E)19-075 Sec. 62-45 $30.00
Larson Nature Center
Classroom - Non-Profit (Per Hour)19-075 Sec. 62-45 $25.00
Atrium - Non-Profit (Per Hour)19-075 Sec. 62-45 $0.00
Sunroom/Porch - Non-Profit (Per Hour)19-075 Sec. 62-45 $25.00
Building - Non-Profit (Per Hour)19-075 Sec. 62-45 $50.00
Nature Center Grounds (Per Day)* with building rental only 19-075 Sec. 62-45 $200.00
Classroom (Per Hour)19-075 Sec. 62-45 $50.00
Atrium (Per Hour)19-075 Sec. 62-45 $0.00
Sunroom/Porch (Per Hour)19-075 Sec. 62-45 $50.00
Building (Per Hour)19-075 Sec. 62-45 $100.00
East Shelter (Per Hour)19-075 Sec. 62-45 $25.00
Camping
Camp Site with Electricity 19-075 Sec. 62-45 $25.00
Tent Camping Area - No Electricity 19-075 Sec. 62-45 $10.00
Recreation Programs
Red Cross Lessons (M - Th) - Early Bird 19-075 Sec. 62-45 $32.00 $35.00
Red Cross Lessons (Tu, Th) - Early Bird 19-075 Sec. 62-45 $32.00 $35.00
Wee Waders (M, W) - Early Bird 19-075 Sec. 62-45 $25.00 $35.00
Junior Lifeguarding - Early Bird 19-075 Sec. 62-45 $36.00 $40.00
Aqua Aerobics - Early Bird 19-075 Sec. 62-45 $25.00
Junior Tennis Academy - Early Bird 19-075 Sec. 62-45 $33.00
Adult Tennis Lessons - Early Bird 19-075 Sec. 62-45 $45.00
Tee Ball - Early Bird 19-075 Sec. 62-45 $35.00
Kickstart Soccer - Early Bird 19-075 Sec. 62-45 $27.00
Fishin' Fridays - Early Bird 19-075 Sec. 62-45 $19.00
Kayaking Class - Early Bird 19-075 Sec. 62-45 $24.00
Strider Camps - Early Bird 19-075 Sec. 62-45 $35.00
Learn to Skate
30 minutes - Early Bird 19-075 Sec. 62-45 $30.00
45 Minutes - Early Bird 19-075 Sec. 62-45 $40.00
60 Minutes - Early Bird 19-075 Sec. 62-45 $50.00
Red Cross Lessons (M - Th)19-075 Sec. 62-45 $38.00 $41.00
Red Cross Lessons (Tu, Th)19-075 Sec. 62-45 $38.00 $41.00
Wee Waders (M, W)19-075 Sec. 62-45 $31.00 $41.00
Junior Lifeguarding 19-075 Sec. 62-45 $45.00 $46.00
Aqua Aerobics 19-075 Sec. 62-45 $31.00
First Tee Golf Program 19-075 Sec. 62-45 $95.00
Little Duffers 19-075 Sec. 62-45 $40.00
Adult Golf Lessons 19-075 Sec. 62-45 $40.00
Junior Tennis Academy 19-075 Sec. 62-45 $40.00
Adult Tennis Lessons 19-075 Sec. 62-45 $60.00
Tee Ball 19-075 Sec. 62-45 $50.00
Kickstart Soccer 19-075 Sec. 62-45 $35.00
Fishin' Fridays 19-075 Sec. 62-45 $24.00
Kayaking Class 19-075 Sec. 62-45 $30.00
Strider Camps 19-075 Sec. 62-45 $45.00
Learn to Skate
30 minutes 19-075 Sec. 62-45 $40.00
45 Minutes 19-075 Sec. 62-45 $50.00
60 Minutes 19-075 Sec. 62-45 $60.00
Planning and Zoning
Change of Zone 19-075 Sec. 66-29 $250.00
Planned Development District 19-075 Sec. 66-29 $250.00
Final Development Plan 19-075 Sec. 66-29 $100.00
Major Initial Development Plan Amendment 19-075 Sec. 66-29 $250.00
Minor Final Development Plan Amendment 19-075 Sec. 66-29 $100.00
Board of Adjustment 19-075 Sec. 94-42 $150.00
Preliminary Plats plus $1.00/lot over 20 lots or $1.00/acre over 1 acre 19-075 Sec. 66-29 $200.00
Final Plats 19-075 Sec. 66-29 $160.00
Vacation 19-075 Sec. 66-29 $150.00
I-1R Site Plan 19-075 Sec. 66-29 $150.00
Conditional Use 19-075 Sec. 66-29 $250.00
Annexation 19-075 $150.00
Zoning & Use Registration Permit 19-075 Sec. 66-29 $60.00
Rental License - per structure plus $2.00 for each dwelling unit 19-075 Sec. 22-405 $20.00
Tax Increment Financing Application 19-075 $1,000.00
Permanent Signs
Square Feet
From 0 to less than 30 19-075 Sec. 94-467 $30.00
From 30 to less than 60 19-075 Sec. 94-467 $35.00
From 60 to less than 90 19-075 Sec. 94-467 $40.00
From 90 to less than 120 19-075 Sec. 94-467 $45.00
From 120 to less than 150 19-075 Sec. 94-467 $50.00
From 150 to less than 180 19-075 Sec. 94-467 $55.00
From 180 to less than 210 19-075 Sec. 94-467 $60.00
From 210 to less than 240 19-075 Sec. 94-467 $65.00
From 240 to less than 270 19-075 Sec. 94-467 $70.00
From 270 to less than 300 19-075 Sec. 94-467 $75.00
From 300 to less than 330 19-075 Sec. 94-467 $80.00
From 330 to less than 360 19-075 Sec. 94-467 $85.00
From 360 to less than 390 19-075 Sec. 94-467 $90.00
From 390 to less than 420 19-075 Sec. 94-467 $95.00
From 420 to less than 450 19-075 Sec. 94-467 $100.00
From 450 to less than 480 19-075 Sec. 94-467 $105.00
From 480 to less than 510 19-075 Sec. 94-467 $110.00
From 510 to less than 540 19-075 Sec. 94-467 $115.00
From 540 or more 19-075 Sec. 94-467 $120.00
Non- Permanent Signs 19-075 Sec. 94-467 $20.00
Portable Signs Per Week 19-075 Sec. 94-467 $20.00
Portable Signs Per Week Month (Maximum Permit Period Shall Not Carry Over from One Permit Period
to the Next)19-075 Sec. 94-467 $50.00
Banner Signs 19-075 Sec. 94-467 Exempt
Parking in Municipal Lots
Permitted Parking in Municipal Parking Lots
Six-Month Permit 19-075 Sec. 82-525 $100.00
Annual Permit 19-075 Sec. 82-525 $180.00
Police Department
Moving of Structure
Per Unit (Officer and Patrol Car) - 2 HR Minimum Per Unit 19-075 Sec. 22-223 $50.00
Accident Reports
Per Report 19-075 Sec. 3-03 $5.00
Pictures (Each)19-075 Sec. 3-03 $4.00
Storm Drainage
Unit Financial Charge 19-075 Sec. 72-20 0.000625
Street Department
Sign Repairs (Traffic Accidents and Vandalism)19-075
Replacement Cost,
Labor, Sales Tax, and
Excise Tax
Street Repairs 19-075
Material Replacement
Cost
The base valuation to determine permit fees for residential buildings and additions are based on a
dollar per square foot schedule per the following. The bid price must be quoted for renovations or
remodels. 19-075
City of Brookings
Edgebrook Golf Course Rates
Fee Description Eagle Special Birdie Special Regular Early Bird Regular
Unlimited Golf
Youth 195.00 220.00 220.00 190.00 225.00
Young Adult 445.00 471.00 498.00 465.00 550.00
Senior/Veteran 445.00 471.00 498.00 465.00 550.00
Young Adult Couple 498.00 524.00 603.00 520.00 610.00
Senior Couple 498.00 524.00 603.00 520.00 610.00
Individual 530.00 555.00 634.00 550.00 650.00
Couples 613.00 639.00 850.00 630.00 750.00
Family 697.00 723.00 924.00 720.00 850.00
College Student 235.00 261.00 261.00 255.00 300.00
Unlimited Golf + Half Cart Package
Young Adult 718.00 744.00 823.00 725.00 850.00
Senior/Veteran 718.00 744.00 823.00 725.00 850.00
Young Adult Couple 771.00 797.00 876.00 780.00 920.00
Senior Couple 771.00 797.00 876.00 780.00 920.00
Individual 739.00 765.00 844.00 745.00 875.00
Couples 792.00 818.00 949.00 805.00 950.00
Family 844.00 870.00 970.00 850.00 1,000.00
College Student 445.00 471.00 471.00 455.00 535.00
Punch Cards
10/18 Hole Rounds 240.00 240.00
10/9 Hole Rounds 185.00 185.00
10/Par 3 Course Rounds 55.00 55.00
Green Fees
9 holes 16.00 16.00
18 holes 24.00 24.00
9 holes (Weekday - Senior/Veterans) 13.00 13.00
18 holes (Weekday - Senior/Veterans) 20.00 20.00
Carts Fees
9 holes 10.00 10.00
18 holes 15.00 15.00
Driving Range
Bucket of range balls 5.00 5.00
Add on to membership - Individual 150.00 150.00
Add on to membership - Family/Couple 200.00 200.00
2020 Proposed2020 Adopted
City of Brookings
Fee Schedule
Fee Description Resolution City Code Fee
Airport
Land Lease Per Square Foot
For Private/Collegiate Hangars 19-075 Sec. 18-42 $0.13
For Commercial Hangars 19-075 Sec. 18-42 $0.17
Late Fee Payment (After 15-30 Days)19-075 Sec. 18-42 3% of lease
Fuel Flowage
Per Gallon FBO 19-075 Sec. 18-42 $0.06
Per Gallon Others 19-075 Sec. 18-42 $0.06
Crop Land Lease 19-075 Sec. 18-42 Based on Bid
Tie Down Fee
Per Week for Tie Down 7 Days or Longer (Collected by FBO with a 10% Collection Fee)19-075 Sec. 18-42 $25.00
Hangar Application Fee 19-075 Sec. 18-42 $25.00
Callout/After Hour Fee (Per Hour/1 Hour Minimum) 19-075 Sec. 18-42 $50.00
ARFF Fee 19-075 Sec. 18-42 $100.00
Landing Fees by Pounds (Based on Aircraft Size, collected by FBO with a 10% Collection Fee)
Light Jet (max takeoff weight above 12,500 lbs)19-075 Sec. 18-42 $100.00
Mid Size Jet 19-075 Sec. 18-42 $150.00
Heavy Jet 19-075 Sec. 18-42 $175.00
Commercial Use and Operating Permit (Airport Manager Waiver)19-075 Sec. 18-42 $250.00
Labor Rates (Per Hour/1 Hour Minimum)
With Equipment 19-075 Sec. 18-42 $75.00
Without Equipment 19-075 Sec. 18-42 $50.00
Escort Fee 19-075 Sec. 18-42 $20.00
Gate Card 19-075 Sec. 18-42 $10.00
Security/Safety Violation Fees (Improper Gate Operations, Parking, and Movement Area)19-075 Sec. 18-42 $45.00
City Clerk
Circuses/Carnivals
Each Circus Per Day 19-075 Sec. 26-35 $75.00
Each Carnival or similar exhibition, per day 19-075 Sec. 26-35 $25.00
Commercial Garbage Haulers
License 19-075 Sec. 26-35 $50.00
Each annual renewal 19-075 Sec. 26-35 $25.00
House Movers (Per Year)19-075 Sec. 26-35 $50.00
Pawnbrokers (Per Year)19-075 Sec. 26-35 $50.00
Plumbing Contractor
License 19-075 Sec. 26-35 $50.00
Each annual renewal 19-075 Sec. 26-35 $25.00
Vehicles for Hire
First vehicle for hire per year 19-075 Sec. 26-35 $25.00
Each additional vehicle operated by the same person per year 19-075 Sec. 26-35 $10.00
Transient Merchants (Per Month)19-075 Sec. 26-345 $100.00
DVD or CD (Per Disk)19-075 Sec. 3-03 $5.00
Transportation Network Company
License 19-075 Sec. 26-282 $250.00
License - New Drivers 19-075 Sec. 26-282 $25.00
Per Year 19-075 Sec. 26-282 $15.00
Food Truck (Per Year)19-075 Sec. 26-424 $75.00
Temporary Merchant - General (Per Year)19-075 Sec. 26-384 $50.00
Temporary Merchant - Food Cart (Per Year)19-075 Sec. 26-384 $75.00
Public Records Request - Staff Time (Per Hour)19-075 Sec. 3-03 $25.00
Cost for Copies
Letter or Legal Size (Per Page)19-075 Sec. 3-03 $0.25
11" x 17" (Per Page)19-075 Sec. 3-03 $0.50
Code Enforcement
Code Enforcement Investigation (Per Hour/1 Hour Minimum)19-075 $45.00
Rental Dwelling License Inspection Fees (Per Structure)
First and Second Inspection 19-075 Sec. 22-405 $0.00
Third and Subsequent Inspections 19-075 Sec. 22-405 $50.00
Collection/Landfill
Residential Rate (Monthly Plus Sales Tax)19-075 Sec. 70-73 $18.00
Additional Carts (Monthly Plus Sales Tax)19-075 Sec. 70-73 $4.00
Yard Waste - Special Bag (Per Bag)19-075 Sec. 70-73 $1.00
Commercial Charges - Five (5) Carts (Monthly Plus Sales Tax)19-075 Sec. 70-73 $35.00
Additional Carts (Monthly Plus Sales Tax)19-075 Sec. 70-73 $4.00
Dumpster Charges - Twice Per Week Pick Up (Monthly Plus Sales Tax)
1.5 Cubic Yard Container 19-075 Sec. 70-73 $90.00
Two (2) Cubic Yard Container 19-075 Sec. 70-73 $115.00
Three (3) Cubic Yard Container 19-075 Sec. 70-73 $140.00
Four (4) Cubic Yard Container 19-075 Sec. 70-73 $165.00
Five (5) Cubic Yard Container 19-075 Sec. 70-73 $190.00
Six (6) Cubic Yard Container 19-075 Sec. 70-73 $217.00
Seven (7) Cubic Yard Container 19-075 Sec. 70-73 $243.00
Eight (8) Cubic Yard Container 19-075 Sec. 70-73 $268.00
Dumpster Charges - Additional Pick Up
1.5 Cubic Yard Container (Plus Sales Tax)19-075 Sec. 70-73 $29.00
Two (2) Cubic Yard Container (Plus Sales Tax)19-075 Sec. 70-73 $35.00
Three (3) Cubic Yard Container (Plus Sales Tax)19-075 Sec. 70-73 $47.00
Four (4) Cubic Yard Container (Plus Sales Tax)19-075 Sec. 70-73 $58.00
240 Pound Material Minimum (Plus Sales Tax and $1 Per Ton State Fee)19-075 Sec. 70-203 $5.00
Commercial (Plus Sales Tax and $1 Per Ton State Fee)19-075 Sec. 70-203 $43.00
Compost/Leaves/Grass (Plus Sales Tax and $1 Per Ton State Fee)19-075 Sec. 70-203 $43.00
Demolition (Plus Sales Tax and $1 Per Ton State Fee)19-075 Sec. 70-203 $43.00
Domestic (Plus Sales Tax and $1 Per Ton State Fee)19-075 Sec. 70-203 $43.00
Industrial (Plus Sales Tax and $1 Per Ton State Fee)19-075 Sec. 70-203 $43.00
Metal (Plus Sales Tax and $1 Per Ton State Fee)19-075 Sec. 70-203 $43.00
Asbestos (Region Only) (Plus Sales Tax and $1 Per Ton State Fee)19-075 Sec. 70-203 $43.00
Service Area Fee 19-075 Sec. 70-203 $9.50
Uncovered Load Fee 19-075 Sec. 70-203 $10.00
500 Pound Material Minimum (Plus Sales Tax)19-075 Sec. 70-203 $5.00
Fill (Per Ton Plus Sales Tax)19-075 Sec. 70-203 $21.00
Lumber (Per Ton Plus Sales Tax)19-075 Sec. 70-203 $21.00
Roofing and Siding (Per Ton Plus Sales Tax)19-075 Sec. 70-203 $21.00
Concrete (Per Ton Plus Sales Tax)19-075 Sec. 70-203 $21.00
Trees (Per Ton Plus Sales Tax)19-075 Sec. 70-203 $21.00
Contaminated Soil (Per Ton Plus Sales Tax)19-075 Sec. 70-203 $15.00
Asbestos (Accepted in Region Only) (Per Bag Plus Sales Tax)19-075 Sec. 70-203 $7.50
Refrigerators/Air Conditioners 19-075 Sec. 70-203 $12.00
Mobile Homes 19-075 Sec. 70-203 $250.00
Tires
ATV 19-075 Sec. 70-203 $2.00
Car 19-075 Sec. 70-203 $4.00
Pickup 19-075 Sec. 70-203 $6.00
Tire on Rim 19-075 Sec. 70-203 $8.00
Truck 19-075 Sec. 70-203 $13.00
Tractor 19-075 Sec. 70-203 $35.00
Engineering - Residential Building Permit Fees
The base valuation to determine permit fees for residential buildings and additions are based on a
dollar per square foot schedule per the following. The bid price must be quoted for renovations or
remodels.
Dwellings - Single-family dwellings, duplexes, townhouses
Finished Habitable Space Per Square Foot 19-075 Sec. 22-35 $70.00
Finished Basements Per Square Foot 19-075 Sec. 22-35 $30.00
Unfinished Space (Basement and Upper Levels) Per Square Foot 19-075 Sec. 22-35 $18.00
Attached Garages Per Square Foot 19-075 Sec. 22-35 $20.00
Detached Garages Per Square Foot 19-075 Sec. 22-35 $18.00
Building Permit Fee Schedule Group R-3 and U Occupancies Only
Total Valuation
$1.00 to 1,200.00 19-075 Sec. 22-35 $20.00
$1,200.01 to 2,000.00 19-075 Sec. 22-35
$10 for the first $500.00
plus $1.50 for each
additional $100.00 or
fraction thereof, to
and including $2,000,
for valuation in excess
of $1,100.00
$2,000.01 to $25,000.00 19-075 Sec. 22-35
$32.50 for the first
$2,000.00 plus $6.00 for
each additional
$1,000.00 or fraction
thereof, to and
including $25,000.00.
$25,000.01 to 50,000.00 19-075 Sec. 22-35
$170.50 for the first
$25,000.00 plus $4.50
for each additional
$1,000.00 or fraction
thereof, to and
including $50,000.00.
$50,000.01 to 100,000.00 19-075 Sec. 22-35
$283.00 for the first
$50,000.00 plus $3.00
for each additional
$1,000.00 or fraction
thereof, to and
including $100,000.00.
$100,000.01 and Up 19-075 Sec. 22-35
$433.00 for the first
$100,000.00 plus $2.50
for each additional
$1,000.00 or fraction
thereof
Commercial Building Permit Fees
The value to be used in computing the building permit fee for all commercial construction,
remodeling, renovation, and repairs shall be the total value of all construction work for which the
permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air-
conditioning, elevators, fire extinguishing system, and other permanent equipment exclusive of site
improvements and parking lot costs. 19-075 Sec. 22-35
Total Valuation 19-075 Sec. 22-35
$100,000.01 to 500,000.00 19-075 Sec. 22-35
$639.50 for the first
$100,000 plus $3.50 for
each additional
$1,000 or fraction
thereof, to and
including $500,000.00
$500,000.01 to 1,000,000.00 19-075 Sec. 22-35
$2,039.50 for the first
$500,000 plus $3.00 for
each additional
$1,000 or fraction
thereof, to and
including $1,000,000.00
$1,000,000.00 and Up 19-075 Sec. 22-35
$3,539.50 for the first
$1,000,000 plus $2.00
for each additional
$1,000 or fraction
thereof.
Other Inspection Fees
Inspections outside normal business hours per hour (minimum charge of one hour)19-075 Sec. 22-35 $50.00
Inspection for which no fee is specifically indicated per hour (minimum charge of 1/2 hour)19-075 Sec. 22-35 $50.00
Re-inspection fees assessed under provisions of Section R108 IRC and 108 IBC per hour 19-075 Sec. 22-35 $50.00
One-story detached accessory structure with floor area less than or equal to 200 Sq. Ft.19-075 Sec. 22-35 $25.00
Driveway, demolition, and other minor construction per permit 19-075 Sec. 22-35 $25.00
Roofing, Siding and Windows: Group R-2 and R-3 Uses and Group U Uses accessory to R-2 and
R-3 Uses 19-075 Sec. 22-35 $25.00
Moving Fee: Dwelling originally constructed on-site and previously occupied 19-075 Sec. 22-35 $200.00
Moving Fee: Dwelling originally constructed on-site to be moved out of City Limits 19-075 Sec. 22-35 $50.00
Moving Fee: Accessory building, mobile home, modular home, manufactured home 19-075 Sec. 22-35 $50.00
Residential Contractor's License Annual Fee 19-075 Sec. 22-35 $75.00
Work commencing before permit issuance: The minimum investigation fee shall be equal to
the amount of the permit fee required by code.19-075 Sec. 22-35
Fire
Fire Protection System Fees
Fire Sprinkler Systems 19-075 Sec. 34-81
$75.00 plus $.45 per
sprinkler head
Retrofitted Fire Sprinkler Systems 19-075 Sec. 34-81
$75.00 plus $.45 per
sprinkler head
Kitchen Hood Extinguishing Systems 19-075 Sec. 34-81 $90.00
Kitchen Hood Extinguishing Systems Modification 19-075 Sec. 34-81 $45.00
Clean Agent or Other Total Flooding System (Per Square Foot)19-075 Sec. 34-81 $0.20
Fire Alarm Systems 19-075 Sec. 34-81
$75.00 plus $.45 per
each ignition and
signaling device
Fire Alarm System Modifications 19-075 Sec. 34-81
$37.50 plus $.45 per
each ignition and
signaling device
False Alarm Fire Calls When Trucks Roll
First Call 19-075 $0.00
Second Call 19-075 $50.00
Third Call 19-075 $100.00
Flammable and Combustible Liquid Fees
Flammable and Combustible Liquids 19-075 Sec. 34-81 $90.00
Flammable and Combustible Liquid Modifications 19-075 Sec. 34-81 $45.00
Site Plan Review
Site Plan Review Per Hour (1 HR Minimum)19-075 Sec. 34-81 $45.00
Inspections Outside of Normal Business Hours Per Hour (2 HR Minimum 19-075 Sec. 34-81 $45.00
Re-Inspection Per Hour (1 HR Minimum)19-075 Sec. 34-81 $45.00
Fire Incident Reports 19-075 Sec. 3-03 $10.00
Industrial Land
Crop Land Lease 19-075 Based on Bid
Library
Out of County Library Card
Per Individual 19-075 Sec. 54-32 $35.00
Per Family 19-075 Sec. 54-32 $45.00
Fax (Sent or Received Per Page)19-075 Sec. 54-32 $2.25
Fines (Per Day Books)19-075 Sec. 54-32 $0.10
Fines (Per Day DVDs/VHS)19-075 Sec. 54-32 $1.00
Process Fee (Lost Material Per Item)19-075 Sec. 54-32 $5.00
Parks, Recreation, and Forestry
Weed Control (Plus Contractor Cost)19-075 Sec. 62-89 $65.00
Mowing (First Hour)19-075 Sec. 62-89 $150.00
Each Additional Hour or Fraction 19-075 Sec. 62-89 $85.00
Each Additional Hour Large Area 19-075 Sec. 62-89 $125.00
Sidewalk Snow Removal (First Offense)
Per Hour Per Piece of Equipment/1 Hour Minimum 19-075 Sec. 74-213 $125.00
Sidewalk Snow Removal (Second Offense)
Per Hour Per Piece of Equipment/1 Hour Minimum 19-075 Sec. 74-213 $175.00
DED Removal/BMU Line Clearance 19-075 Sec. 62-170
Aerial Bucket Plus Employee Wage 19-075 Sec. 62-170 $160.00
Loader Plus Employee Wage 19-075 Sec. 62-170 $130.00
Trucks Plus Employee Wage 19-075 Sec. 62-170 $90.00
Chipper Plus Employee Wage 19-075 Sec. 62-170 $90.00
Chainsaw/Miscellaneous Equipment Plus Employee Wage 19-075 Sec. 62-170 $70.00
Equipment Rental Rates
Picnic Table Rental (Per Day)19-075 Sec. 62-45 $25.00
Three (3) Row Bleacher Rental (Per Day) 19-075 Sec. 62-45 $50.00
Ball Field Rental Rates
Type I - No Setup (e.g. Chalking, Lining, etc.)19-075 Sec. 62-45 $25.00
Type II - With One (1) Setup (e.g. Chalking, Lining, etc.)19-075 Sec. 62-45 $75.00
Type II - Per Additional Day Time Setup (e.g. Chalking, Lining, etc.)19-075 Sec. 62-45 $35.00
Type II - Per Additional Night Time Setup (e.g. Chalking, Lining, etc.)19-075 Sec. 62-45 $65.00
Fishback Soccer Park Rental Rates
Type I - No Lining (Per Hour)19-075 Sec. 62-45 $25.00
Type II - One Lining Per Field (First Hour)19-075 Sec. 62-45 $100.00
Type II - Each Additional Field Hour 19-075 Sec. 62-45 $25.00
Type II - Additional Field Lining 19-075 Sec. 62-45 $120.00
Hillcrest Aquatics Center Season Pass
Individual 19-075 Sec. 62-45 $60.00
Family of Three (3)19-075 Sec. 62-45 $150.00
Additional Family 19-075 Sec. 62-45 $25.00
Daily Admission 19-075 Sec. 62-45 $6.00
Discount Cards 19-075 Sec. 62-45 $54.00
Larson Ice Center
Non-Profit Rental Rate (Per Hour)19-075 Sec. 62-45 $140.00
Profit Rental Rate (Per Hour)19-075 Sec. 62-45 $140.00
Daily Admission 19-075 Sec. 62-45 $4.00
Punch Card 19-075 Sec. 62-45 $25.00
Skate/Helmet Rental 19-075 Sec. 62-45 $3.00
Adult Hockey 19-075 Sec. 62-45 $10.00
Adult Leagues
Sand Volleyball League 19-075 Sec. 62-45 $60.00
Adult Kickball League 19-075 Sec. 62-45 $60.00
Fall Women's Volleyball 19-075 Sec. 62-45 $165.00
Winter Women's Volleyball 19-075 Sec. 62-45 $165.00
Both Volleyball Sessions 19-075 Sec. 62-45 $305.00
Coed Volleyball 19-075 Sec. 62-45 $205.00
Basketball 19-075 Sec. 62-45 $205.00
Reservations
Community Gardens (Per Season)19-075 Sec. 62-45 $30.00
5th Street Court Rentals (Per 1.5 Hours)19-075 Sec. 62-45 $20.00
Picnic Shelter Reservations
Small Hall Day (Hillcrest B, C, Pioneer)19-075 Sec. 62-45 $15.00
Small Day (Hillcrest, B, C, Pioneer)19-075 Sec. 62-45 $25.00
Large Half Day (Hillcrest A, E)19-075 Sec. 62-45 $20.00
Large Day (Hillcrest A, E)19-075 Sec. 62-45 $30.00
Larson Nature Center
Classroom - Non-Profit (Per Hour)19-075 Sec. 62-45 $25.00
Atrium - Non-Profit (Per Hour)19-075 Sec. 62-45 $0.00
Sunroom/Porch - Non-Profit (Per Hour)19-075 Sec. 62-45 $25.00
Building - Non-Profit (Per Hour)19-075 Sec. 62-45 $50.00
Nature Center Grounds (Per Day)* with building rental only 19-075 Sec. 62-45 $200.00
Classroom (Per Hour)19-075 Sec. 62-45 $50.00
Atrium (Per Hour)19-075 Sec. 62-45 $0.00
Sunroom/Porch (Per Hour)19-075 Sec. 62-45 $50.00
Building (Per Hour)19-075 Sec. 62-45 $100.00
East Shelter (Per Hour)19-075 Sec. 62-45 $25.00
Camping
Camp Site with Electricity 19-075 Sec. 62-45 $25.00
Tent Camping Area - No Electricity 19-075 Sec. 62-45 $10.00
Recreation Programs
Red Cross Lessons - Early Bird 19-075 Sec. 62-45 $35.00
Wee Waders - Early Bird 19-075 Sec. 62-45 $35.00
Junior Lifeguarding - Early Bird 19-075 Sec. 62-45 $40.00
Aqua Aerobics - Early Bird 19-075 Sec. 62-45 $25.00
Junior Tennis Academy - Early Bird 19-075 Sec. 62-45 $33.00
Adult Tennis Lessons - Early Bird 19-075 Sec. 62-45 $45.00
Tee Ball - Early Bird 19-075 Sec. 62-45 $35.00
Kickstart Soccer - Early Bird 19-075 Sec. 62-45 $27.00
Fishin' Fridays - Early Bird 19-075 Sec. 62-45 $19.00
Kayaking Class - Early Bird 19-075 Sec. 62-45 $24.00
Strider Camps - Early Bird 19-075 Sec. 62-45 $35.00
Learn to Skate
30 minutes - Early Bird 19-075 Sec. 62-45 $30.00
45 Minutes - Early Bird 19-075 Sec. 62-45 $40.00
60 Minutes - Early Bird 19-075 Sec. 62-45 $50.00
Red Cross Lessons 19-075 Sec. 62-45 $41.00
Wee Waders 19-075 Sec. 62-45 $41.00
Junior Lifeguarding 19-075 Sec. 62-45 $46.00
Aqua Aerobics 19-075 Sec. 62-45 $31.00
First Tee Golf Program 19-075 Sec. 62-45 $95.00
Little Duffers 19-075 Sec. 62-45 $40.00
Adult Golf Lessons 19-075 Sec. 62-45 $40.00
Junior Tennis Academy 19-075 Sec. 62-45 $40.00
Adult Tennis Lessons 19-075 Sec. 62-45 $60.00
Tee Ball 19-075 Sec. 62-45 $50.00
Kickstart Soccer 19-075 Sec. 62-45 $35.00
Fishin' Fridays 19-075 Sec. 62-45 $24.00
Kayaking Class 19-075 Sec. 62-45 $30.00
Strider Camps 19-075 Sec. 62-45 $45.00
Learn to Skate
30 minutes 19-075 Sec. 62-45 $40.00
45 Minutes 19-075 Sec. 62-45 $50.00
60 Minutes 19-075 Sec. 62-45 $60.00
Planning and Zoning
Change of Zone 19-075 Sec. 66-29 $250.00
Planned Development District 19-075 Sec. 66-29 $250.00
Final Development Plan 19-075 Sec. 66-29 $100.00
Initial Development Plan Amendment 19-075 Sec. 66-29 $250.00
Final Development Plan Amendment 19-075 Sec. 66-29 $100.00
Board of Adjustment 19-075 Sec. 94-42 $150.00
Preliminary Plats plus $1.00/lot over 20 lots or $1.00/acre over 1 acre 19-075 Sec. 66-29 $200.00
Final Plats 19-075 Sec. 66-29 $160.00
Vacation 19-075 Sec. 66-29 $150.00
I-1R Site Plan 19-075 Sec. 66-29 $150.00
Conditional Use 19-075 Sec. 66-29 $250.00
Annexation 19-075 $150.00
Zoning & Use Registration Permit 19-075 Sec. 66-29 $60.00
Rental License - per structure plus $2.00 for each dwelling unit 19-075 Sec. 22-405 $20.00
Tax Increment Financing Application 19-075 $1,000.00
Permanent Signs
Square Feet
From 0 to less than 30 19-075 Sec. 94-467 $30.00
From 30 to less than 60 19-075 Sec. 94-467 $35.00
From 60 to less than 90 19-075 Sec. 94-467 $40.00
From 90 to less than 120 19-075 Sec. 94-467 $45.00
From 120 to less than 150 19-075 Sec. 94-467 $50.00
From 150 to less than 180 19-075 Sec. 94-467 $55.00
From 180 to less than 210 19-075 Sec. 94-467 $60.00
From 210 to less than 240 19-075 Sec. 94-467 $65.00
From 240 to less than 270 19-075 Sec. 94-467 $70.00
From 270 to less than 300 19-075 Sec. 94-467 $75.00
From 300 to less than 330 19-075 Sec. 94-467 $80.00
From 330 to less than 360 19-075 Sec. 94-467 $85.00
From 360 to less than 390 19-075 Sec. 94-467 $90.00
From 390 to less than 420 19-075 Sec. 94-467 $95.00
From 420 to less than 450 19-075 Sec. 94-467 $100.00
From 450 to less than 480 19-075 Sec. 94-467 $105.00
From 480 to less than 510 19-075 Sec. 94-467 $110.00
From 510 to less than 540 19-075 Sec. 94-467 $115.00
From 540 or more 19-075 Sec. 94-467 $120.00
Non- Permanent Signs 19-075 Sec. 94-467 $20.00
Portable Signs Per Week 19-075 Sec. 94-467 $20.00
Portable Signs Per Month (Maximum Permit Period Shall Not Carry Over from One Permit Period to the
Next)19-075 Sec. 94-467 $50.00
Banner Signs 19-075 Sec. 94-467 Exempt
Parking in Municipal Lots
Permitted Parking in Municipal Parking Lots
Six-Month Permit 19-075 Sec. 82-525 $100.00
Annual Permit 19-075 Sec. 82-525 $180.00
Police Department
Moving of Structure
Per Unit (Officer and Patrol Car) - 2 HR Minimum Per Unit 19-075 Sec. 22-223 $50.00
Accident Reports
Per Report 19-075 Sec. 3-03 $5.00
Pictures (Each)19-075 Sec. 3-03 $4.00
Storm Drainage
Unit Financial Charge 19-075 Sec. 72-20 0.000625
Street Department
Sign Repairs (Traffic Accidents and Vandalism)19-075
Replacement Cost,
Labor, Sales Tax, and
Excise Tax
Street Repairs 19-075
Material Replacement
Cost
The base valuation to determine permit fees for residential buildings and additions are based on a
dollar per square foot schedule per the following. The bid price must be quoted for renovations or
remodels. 19-075
City of Brookings
Edgebrook Golf Course Rates
Fee Description Early Bird Regular
Unlimited Golf
Youth 190.00 225.00
Young Adult 465.00 550.00
Senior/Veteran 465.00 550.00
Young Adult Couple 520.00 610.00
Senior Couple 520.00 610.00
Individual 550.00 650.00
Couples 630.00 750.00
Family 720.00 850.00
College Student 255.00 300.00
Unlimited Golf + Half Cart Package
Young Adult 725.00 850.00
Senior/Veteran 725.00 850.00
Young Adult Couple 780.00 920.00
Senior Couple 780.00 920.00
Individual 745.00 875.00
Couples 805.00 950.00
Family 850.00 1,000.00
College Student 455.00 535.00
Punch Cards
10/18 Hole Rounds 240.00
10/9 Hole Rounds 185.00
10/Par 3 Course Rounds 55.00
Green Fees
9 holes 16.00
18 holes 24.00
9 holes (Weekday - Senior/Veterans) 13.00
18 holes (Weekday - Senior/Veterans) 20.00
Carts Fees
9 holes 10.00
18 holes 15.00
Driving Range
Bucket of range balls 5.00
Add on to membership - Individual 150.00
Add on to membership - Family/Couple 200.00
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 20-013,Version:1
Action on Resolution 20-013, a Resolution Authorizing the City Manager to sign a Memorandum of
Understanding between the South Dakota Department of Transportation (SDDOT) and the City of
Brookings for the 20th Street South BUILD Project.
Summary:
The City of Brookings has been awarded a federal “Better Utilizing Investments to Leverage
Development (BUILD)” Grant to construct 20th Street South between 22nd Avenue South and 34th
Avenue South along with a new interchange at Interstate 29 and 20 th Street South. The project has
also been added into the Statewide Transportation Improvement Program.
The project has specific deadlines required by the grant. The BUILD Grant funds must be obligated
by September 15, 2021 and expended by September 30, 2026. The anticipated bid date is
September 2021 and the anticipated construction schedule will occur in 2022.
The City requested the State to function as the administrator for the project along with the Federal
Highway Administration (FHWA). The SDDOT staff has experience in federal projects including
environmental review, right of way, and interchange and off-ramp design. The SDDOT financial
system is also approved to use the FMIS system, which would expedite the approval of the Advance
Construction for the Grant.
The attached MOU outlines the State and City responsibilities and staff agrees with the terms
outlined in the MOU.
Recommendation:
Recommend approval of the resolution as presented to authorize the City Manager to sign the
Memorandum of Understanding.
Attachments:
Memo
Resolution
Memorandum of Understanding
Letter from City to SDDOT
Letter from SDDOT to City
Map
City of Brookings Printed on 1/24/2020Page 1 of 1
powered by Legistar™
City Council Agenda Memo
From: Jackie Lanning, City Engineer
Council Meeting: January 28, 2020
Subject: Authorize a Memorandum of Understanding between the
South Dakota Department of Transportation and City for the
20th Street South BUILD Project.
Person(s) Responsible: Jackie Lanning, City Engineer
Summary:
This resolution will authorize the City Manager to sign a Memorandum of Understanding
(MOU) between the South Dakota Department of Transportation (SDDOT) and the City
of Brookings, which outlines the responsibilities of the SDDOT and the City of Brookings
(comprised of City/County/Donors).
Background:
The City of Brookings has been awarded a federal “Better Utilizing Investments to
Leverage Development (BUILD)” Grant to construct 20th Street South between 22nd
Avenue South and 34th Avenue South along with a new interchange at Interstate 29 and
20th Street South. The project has been added into the Statewide Transportation
Improvement Program and given project number EM 0295(45)130 and PCN 020V.
The project has specific deadlines required by the grant. The BUILD Grant funds must
be obligated by September 15, 2021 and the grant funds must be expended by
September 30, 2026. The following schedule is described in the MOU to meet the grant
deadlines:
June 30, 2020 The CITY will submit PROJECT preliminary Gradeline plans
August 12, 2020 The CITY will conduct the Preliminary Design Inspection
October 23, 2020 The CITY will conduct the Final Design Inspection
December 16, 2020 The CITY will provide a Release to Right-of-Way
February 9, 2021 The CITY will release final plans for review to the STATE
June 15, 2021 The CITY will provide all certifications, final plans, right-of-way
certifications, environmental clearances, utility certifications,
and necessary state and federal PROJECT documentation
September 15, 2021: Anticipated Bid Date
2022: Anticipated Construction
Discussion:
The City requested the State to function as the administrator for the project along with
the Federal Highway Administration (FHWA). The SDDOT staff has experience in
federal projects including environmental review, right of way, and interchange and off -
ramp design. The SDDOT financial system is also approved to use the FMIS system,
which would expedite the approval of the Advance Construction for the Grant.
Responsibilities of each party are described in the MOU. The State will provide the
following:
a. Project agreements authorizing federal funding through FHWA;
b. Technical assistance to the City for the Project;
c. Geotechnical recommendations;
d. Surfacing recommendations;
e. Plans Specifications and Estimate (PS&E) review, letting, and construction
administration;
f. A more detailed agreement for the Project prior to PS&E approval; and
g. Coordination on the development of a Grant agreement with FHWA.
Upon completion of the Project, it is the intent that the State will assume jurisdiction,
ownership, replacement, repair, and maintenance responsibilities for all portions of the
Project within the control of access.
The City’s responsibilities include the following:
1. The City will be responsible for all local match requirements for the Project
2. The City will coordinate all match and reimbursements with other partners
3. The City will be responsible for any costs determined ineligible for grant funding
by the State or FHWA.
4. The City will be responsible for any costs in excess of the estimated Project
costs.
5. The City Engineer will function and assume all duties as the Project Manager
(PM) for the Project.
Staff agrees with the terms outlined in the MOU.
Legal Consideration:
None.
Financial Consideration:
The budget for the project is as follows:
BUILD Grant: $18,677,630
City: $2,000,000
County: $2,000,000
Private Donors: $669,407
Total project cost: $23,347,037
The City will be responsible for the 20% match for the project, which will be split
between the City/County and private donors. The City is currently drafting Agreements
with the County and private donors.
Options:
The City Council has the following options:
1. Approve as presented
2. Approve as amended
3. Deny
4. Move to a study session
Recommendation:
Staff recommends approval of the resolution as presented.
Action Requested:
Approve the resolution to authorize the City Manager to sign a Memorandum of
Understanding (MOU) between the SDDOT and the City of Brookings.
Supporting Documentation:
1. Resolution
2. Memorandum of Understanding
3. Letter from City to SDDOT
4. Letter from SDDOT to City
5. Map
Resolution 20-013
A Resolution Authorizing the City Manager to Sign Memorandum of
Understanding between the South Dakota Department of Transportation
(SDDOT) and the City of Brookings for the 20th Street South BUILD Project
Whereas, the Brookings City Council desires the construction of a new interchange at
Interstate 29 and 20th Street South in Brookings, SD; and
Whereas, the project will be added into the Statewide Transportation Improvement
Program and given project number EM 0295(45)130 and PCN 020V; and
Whereas, the City has been awarded a federal “Better Utilizing Investments to Leverage
Development (BUILD)” Grant in the amount of $18,677,630.00 towards the project; and
Whereas, the City has requested the State of South Dakota to function as the
administrator for the Project along with the Federal Highway Administration (FHWA);
and
Whereas, the City of Brookings has agreed to be responsible for all local match
requirements for the Project, provide Project Management, and other provisions
described in a Memorandum of Understanding between the SDDOT and City of
Brookings.
Now, Therefore, Be It Resolved that the City Manager of the City of Brookings is
authorized to sign a Memorandum of Understanding between the SDDOT and City of
Brookings for the 20th Street South BUILD Project.
Dated this 28th day of January, 2020.
CITY OF BROOKINGS
_________________________
Keith W. Corbett, Mayor
ATTEST:
____________________________
Bonnie Foster, City Clerk
Page 1 of 4 DOT Legal: ________
MEMORANDUM OF UNDERSTANDING
BETWEEN
SOUTH DAKOTA DEPARTMENT OF TRANSPORTATION
AND
CITY OF BROOKINGS, SOUTH DAKOTA
THIS MEMORANDUM OF UNDERSTANDING (MOU) is made by and between the State of South Dakota,
acting by and through its Department of Transportation, referred to in this MOU as the “STATE,” and the city of
Brookings, South Dakota, referred to in this MOU as the “CITY.”
BACKGROUND:
1. The CITY wants to build a new interchange at Interstate 29 (I-29) and 20th Street South, referred to in this
MOU as the “PROJECT.”
2. The PROJECT will be added into the Statewide Transportation Improvement Program and given project
number EM 0295(45)130 and PCN 020V.
3. The CITY has been awarded a federal “Better Utilizing Investments to Leverage Development (BUILD)
grant, referred to in this MOU as the “GRANT,” in the amount of Eighteen Million Six Hundred Seventy-
seven Thousand Six Hundred Thirty Dollars ($18,677,630.00) towards the total PROJECT cost.
4. The total PROJECT cost is estimated to be Twenty-three Million Three Hundred Forty-seven Thousand
Thirty-seven Dollars ($23,347,037.00).
5. The CITY, in combination with Brookings County and private development partners, have committed local
match in the amount of Four Million Six Hundred Sixty-nine Thousand Four Hundred Seven Dollars
($4,669,407.00) for the PROJECT.
6. The BUILD GRANT funds must be obligated by September 15th, 2021.
7. The BUILD GRANT funds must be expended by September 30th, 2026.
8. The CITY is requesting the STATE to assume administration responsibilities for the PROJECT.
THE STATE AND THE CITY MUTUALLY AGREE AS FOLLOWS:
A. THE STATE’S RESPONSIBILITIES
1. The STATE will function as the administrator for the PROJECT along with the Federal Highway
Administration (FHWA).
2. The STATE will bill the CITY for any required local match associated with expenditures of the
PROJECT.
3. The STATE will bill the CITY for any costs in excess of the total estimated cost of the PROJECT.
4. The STATE will bill the CITY for any costs deemed ineligible for GRANT funding by the STATE or
FHWA.
5. The STATE will provide the following:
a. Project agreements authorizing federal funding through FHWA;
b. Technical assistance to the CITY for the PROJECT;
c. Geotechnical recommendations;
d. Surfacing recommendations;
e. Plans Specifications and Estimate (PS&E) review, letting, and construction administration;
f. A more detailed agreement for the PROJECT prior to PS&E approval; and
g. Coordination on the development of a GRANT agreement with FHWA.
6. Upon completion of the PROJECT, it is the intent that the STATE will assume jurisdiction, ownership,
replacement, repair, and maintenance responsibilities for all portions of the PROJECT within the control
of access.
B. THE CITY’S RESPONSIBILITIES
1. The CITY will be responsible for all local match requirements for the PROJECT.
2. The CITY will coordinate all match and reimbursements with other partners as identified in
BACKGROUND Paragraph 4 above.
3. The CITY will be responsible for any costs determined ineligible for GRANT funding by the STATE or
FHWA.
4. The CITY will be responsible for any costs in excess of the estimated PROJECT costs.
5. The City Engineer will function and assume all duties as the Project Manager (PM) for the PROJECT.
Page 2 of 4 DOT Legal:________
6. The PM will:
a. Adhere to the design criteria required by the STATE and FHWA.
b. Assume the responsibilities of Project Management as identified in Chapter 2 of the South Dakota
Road Design Manual and any updates to the chapter.
c. Be responsible for review and approval of all billings for the PROJECT, with the exception of billings
related to construction of the PROJECT.
d. Be responsible for development of all documents and activities including but not limited to, design,
plans preparation, utility coordination, Right-of-Way acquisition (and related activities), and
environmental clearances related to preliminary engineering services in accordance with STATE
and FHWA requirements.
C. PROJECT LETTING
The STATE plans to let the PROJECT by September 15, 2021. In order to meet this letting deadline, it is
imperative that the CITY promptly provide plans and related documents for the PROJECT to the STATE.
Time is of the essence. The CITY must provide PROJECT deliverables and related documents to the
STATE by the following deadlines:
June 30, 2020 The CITY will submit PROJECT preliminary Gradeline plans.
August 12, 2020 The CITY will conduct the Preliminary Design Inspection including Type Size and
Location (TS&L) for any structures.
October 23, 2020 The CITY will conduct the Final Design Inspection.
December 16, 2020 The CITY will provide a Release to Right-of-Way.
February 9, 2021 The CITY will release final plans for review to the STATE.
June 15, 2021 The CITY will provide all certifications, final plans, right-of-way certifications,
environmental clearances, utility certifications, and necessary state and federal
PROJECT documentation.
D. GENERAL CONDITIONS:
1. This MOU may not be amended, except in writing, which writing will be expressly identified as a part of
this MOU and be signed by an authorized representative of each of the parties.
2. If the CITY breaches any of the terms or conditions of this MOU, the STATE may terminate this MOU at
any time with or without notice. If the STATE terminates the MOU, the CITY will be responsible for
reimbursing the STATE for all PROJECT costs paid for with GRANT funds and all PROJECT costs
incurred by the STATE in meeting its responsibilities under this Agreement, including labor costs and
expenses for STATE staff.
3. This MOU depends upon the continued availability of appropriated funds and expenditure authority from
the Legislature and the continued availability of the GRANT funds from the federal government. If for
any reason the Legislature fails to appropriate funds or grant expenditure authority, or any funds
become unavailable by operation of law or federal funds reductions or denials, the MOU may be
terminated by the STATE. Termination for any of these reasons is not a default by the STATE nor does
it give rise to a claim against the STATE.
4. The CITY has designated its City Manager as the CITY’S authorized representative and has
empowered the City Manager with the authority to sign this MOU on behalf of the CITY. A copy of the
CITY’S Council minutes or resolution authorizing the execution of this MOU by the City Manager as the
CITY’S authorized representative is attached to this MOU as Exhibit A.
Page 3 of 4 DOT Legal:________
5. Any notices or submissions required under this MOU will be provided to the following:
For the CITY For the STATE
Jackie Lanning Scott Rabern
City Engineer Chief Road Design Engineer
Suite 140 South Dakota Department of Transportation
Brookings, SD 57006 700 East Broadway
Pierre, SD 57501
SIGNATURE PAGE FOLLOWS
Page 4 of 4 DOT Legal:________
This MOU is binding upon the signatories not as individuals, but solely in their capacities as officials of their
respective organizations and acknowledges proper action of the STATE and the CITY to enter into the same.
State of South Dakota
City of Brookings, South Dakota Department of Transportation
By: By:
Its: City Manager Its: Secretary
Date: Date:
Attest: Approved as to Form:
City Clerk Special Assistant Attorney General
(CITY SEAL)
Connecting South Dakota and the Nation
Department of Transportation
Office of the Secretary
700 East Broadway Avenue
Pierre, South Dakota 57501-2586
(605) 773-5105
January 7, 2020
Mr. Paul Briseno
City Brookings
520 3"^ Street
Suite 140
Brookings, SD 57006
RE: 20"^ Street South and 1-29 Interchange BUILD Grant
Mr. Briseno,
Thank you for your letter dated December 26"^, 2019. SDDOT is committed to assisting the
City of Brookings with the construction of the new interchange on Interstate 29. I have asked
my staff to develop a Memorandum of Understanding (MOU) for the roles and responsibilities as
it relates to delivering this complicated project in a very limited timeframe. As my Director of
Planning & Engineering has indicated to you and your staff, meeting the dates required to access
these grant funds will require an extensive amount of time and effort between both parties and
subsequent reprioritization of existing duties.
Furthermore, it is my understanding that SDDOT staff have provided direction to your team to
begin the process of solicitation of professional services to deliver the project. With the number
of items to be completed and the limited amount of time, it's imperative that those activities are
being done concurrently with the MOU development.
Upon successful execution of the MOU between the City of Brookings and SDDOT, SDDOT
will provide Federal Highway Administration acceptance of the administration responsibilities of
the grant. Our team met earlier this morning and has every intention of providing a draft of the
MOU to your team by January 13'\ 2020.
Thank you again for you and your team's continued partnership with the South Dakota
Department of Transportation as we strive to '"Make Better Lives Through Better
Transportation".
Cc: Michael Behm - SDDOT
Matt Brey - SDDOT
Scott Rabem - SDDOT
Mark Leiferman - SDDOT
Jacqueline Lanning - City of Brookings
20th Street South BUILD Project
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 20-0053,Version:1
City of Brookings Progress Report.
Summary:
Jacob Meshke, Assistant City Manager, will provide a progress report highlighting the City’s
activities/projects.
Attachments:
Presentation to be posted following the City Council Meeting.
City of Brookings Printed on 1/24/2020Page 1 of 1
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