HomeMy WebLinkAbout2020_02_25 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, February 25, 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 20-0094 Action to approve the February 11 and February 28, 2020 City Council
minutes.
2/11/2020 Minutes
2/18/2020 Minutes
Attachments:
3.C.ID 20-0095 Action to cancel the April 7, 2020 City Council Meeting.
4. Items removed from Consent Agenda.
Page 1 City of Brookings
February 25, 2020City Council Meeting Agenda
Action: Motion to Approve, Request Public Comment, Roll Call
5. Open Forum/Presentations/Reports:
5.A. Open Forum.
At this time, any member of the public may request time on the agenda for an item not
listed. Items are typically scheduled for the end of the meeting; however, very brief
announcements or invitations will be allowed at this time.
5.B. SDSU Student Association Report.
5.C.ID 20-0102 Presentation of “Award in Excellence in Concrete Paving” from the South
Dakota Chapter of the American Concrete Pavement Association for the
22nd Avenue Reconstruction Project.
5.D.ID 20-0105 4th Quarter CFO’s Report.
CFO ReportAttachments:
5.E.ID 20-0106 Department Presentation: Public Information Office
6. Contracts/Change Orders:
6.A.RES 20-006 Action on Resolution 20-006, a Resolution awarding the bid for Landfill 3W
Cell Construction to Veit & Company, Inc. of Rogers, Minnesota.
Memo
Resolution
Notice of Award
Contract
Site Map
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 20-004 Introduction and First Reading on Ordinance 20-004, an Ordinance
Authorizing Supplemental Appropriation #3 to the 2020 Budget. Second
Reading: March 10, 2020.
Memo
Ordinance
Attachments:
8. Public Hearings and Second Readings:
8.A.ID 20-0096 Public Hearing and Action on a Temporary Alcohol Application from
Page 2 City of Brookings
February 25, 2020City Council Meeting Agenda
Aramark Educational Services, LLC, to operate within the City of
Brookings, South Dakota for a wedding reception to be held March 6,
2020 at the SDSU Alumni Center Woster Celebration Hall, 815 Medary
Ave.
Memo
Hearing Notice
Attachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
8.B.RES 20-016 Public Hearing and Action on Resolution 20-016, a Resolution authorizing
the City Manager to enter into an Operating Agreement for an On-Off Sale
Wine License for Eponymous Brewing Company, Sean Weber, Kyle
McElhany, Kyle Weber, Dan Weber, Dave Weber, and Kyle Halgerson,
owners, 126 Main Ave. So., Brookings, SD, legal description: Lots 1, 2
and 3, Block 4, Folsom Addition.
Memo
Resolution
Operating Agreement
Hearing Notice
Attachments:
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
9. Other Business:
9.A.RES 20-021 Action on Resolution 20-021, a Resolution Providing Financial
Commitment for a Reserve from Three B Tax surplus to fund the SDSU
Visitor Promotional Fund.
Memo
Resolution
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
9.B.RES 20-020 Action on Resolution 20-020, a Resolution authorizing the City Manager to
sign Fire Department Mutual Aid Agreements.
Memo
Resolution
Agreement - Mutual Aid Services
Agreement - County-wide Automatic Mutual Aid Services
Fire Dept. Coverage Map
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
9.C.RES 20-017 Action on Resolution 20-017, a Resolution Establishing Criteria for
Building in the Public Right-of-Way in the City of Brookings, South Dakota.
Page 3 City of Brookings
February 25, 2020City Council Meeting Agenda
Memo
Resolution - clean
Resolution - marked
Resolution 68-04
Attachments:
Action: Motion to Approve, Request Public Comment, Roll Call
10. City Council member introduction of topics for future discussion.
Any Council Member may request discussion of any issue at a future meeting only.
Items cannot be added for action at this meeting. A motion and second is required
stating the issue, requested outcome, and time. A majority vote is required.
11. Adjourn.
Brookings City Council: Keith Corbett, Mayor; Patty Bacon, Deputy Mayor
Council Members Leah Brink, Dan Hansen, Ope Niemeyer, Holly Tilton Byrne, and Nick Wendell
Council Staff:
Paul M. Briseno, City Manager Steven Britzman, City Attorney Bonnie Foster, City Clerk
View the City Council Meeting Live on the City Government Access Channel 9.
Rebroadcast Schedule: Wednesday 1:00pm/Thursday 7:00pm/Friday 9:00pm/Saturday 1:00pm
The complete City Council agenda packet is available on the city website: www.cityofbrookings.org
Assisted Listening Systems (ALS) are available upon request by contacting (605) 692-6281. If you require
additional assistance, alternative formats, and/or accessible locations consistent with the Americans with
Disabilities Act, please contact Susan Rotert, City Human Resources Director and ADA Coordinator at (605)
692-6281 at least three working days prior to the meeting.
Page 4 City of Brookings
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 20-0094,Version:1
Action to approve the February 11 and February 28, 2020 City Council minutes.
Attachments:
2/11/2020 Minutes
2/18/2020 Minutes
City of Brookings Printed on 2/20/2020Page 1 of 1
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Brookings City Council
February 11, 2020 (unapproved)
The Brookings City Council held a meeting on Tuesday, February 11, 2020 at 6:00 PM,
at City Hall with the following City Council members present: Mayor Keith Corbett,
Council Members Patty Bacon, Holly Tilton Byrne, Nick Wendell, and Ope Niemeyer.
Absent: Council Members Leah Brink and Dan Hansen. City Attorney Steve Britzman,
City Manager Paul Briseno, and City Clerk Bonnie Foster were also present.
6:00 PM REGULAR MEETING
Consent Agenda: A motion was made by Council Member Wendell, seconded by
Council Member Niemeyer, to approve the Consent Agenda. The motion carried by the
following vote: Yes: 5 - Corbett, Niemeyer, Bacon, Wendell, and Tilton Byrne; Absent: 2
- Hansen and Brink.
3.A. Action to approve the agenda.
3.B. Action to approve the January 28, 2020 City Council Minutes.
3.C. Action on a request to abate property taxes from the City of Brookings in
the amount of $1,413.17, located on the W ½ of Lot 4, All of Lot 5, Block 1, Hill
Park Addition, City of Brookings (1110 4th Street). Parcel #40245-00100-004-00.
City Employee Recognition. Dusty Rodiek, Parks, Recreation & Forestry Director,
introduced Greg Redenius to the City Council and members of the public. Greg was
promoted from Edgebrook Golf Course Supervisor to Edgebrook Golf Course
Superintendent 1/1/2020.
SDSU Student Association Report. Hattie Seten, SDSU Students Association
Government Affairs Chair, provided an update on SDSU happenings to the City Council
and public.
Brookings Municipal Utilities Financial Report. Laura Julius, Brookings Municipal
Utilities Finance & Account Manager, presented an updated financial report to the City
Council and public.
Resolution 20-008. A motion was made by Council Member Tilton Byrne, seconded by
Council Member Bacon, that 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, be approved. The motion carried by the
following vote: Yes: 5 - Corbett, Niemeyer, Bacon, Wendell, and Tilton Byrne; Absent: 2
- Hansen and Brink.
Resolution 20-008 - Resolution to purchase 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 for 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.
Ordinance 20-001. A public hearing 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). A motion was made by Council Member Niemeyer, seconded by
Council Member Wendell, that Ordinance 20-001 be approved. The motion carried by
the following vote: Yes: 5 - Corbett, Niemeyer, Bacon, Wendell, and Tilton Byrne;
Absent: 2 - Hansen and Brink.
Ordinance 20-003. A motion was made by Council Member Wendell, seconded by
Council Member Bacon, that Ordinance 20-003, an Ordinance Authorizing
Supplemental Appropriation No. 2 to the 2020 Budget, be approved. The motion carried
by the following vote: Yes: 5 - Corbett, Niemeyer, Bacon, Wendell, and Tilton Byrne;
Absent: 2 - Hansen and Brink.
Resolution 20-015. A motion was made by Council Member Bacon, seconded by
Council Member Niemeyer, that Resolution 20-015, a Resolution authorizing the City
Manager to sign documents for the 20th Street South BUILD Project EM 0295(45) 130
and PCN 020V, be approved. The motion carried by the following vote: Yes: 5 - Corbett,
Niemeyer, Bacon, Wendell, and Tilton Byrne; Absent: 2 - Hansen and Brink.
Resolution 20-015 - Resolution Authorizing the City Manager to Sign Documents for the
20th Street South BUILD Project EM 0295(45) 130 and PCN 020V
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 City of Brookings (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 Memorandum of Understanding between the South Dakota Department of
Transportation and the City of Brookings, South Dakota provides that the City designate
its City Manager as the City’s authorized representative.
Now, Therefore, Be It Resolved that the City Manager of the City of Brookings, as the
City’s authorized representative, is authorized to sign the work order for professional
services and other documents for 20th Street South BUILD Project EM 0295(45) 130
and PCN 020V.
Executive Session. A motion was made by Council Member Niemeyer, seconded by
Council Member Tilton Byrne, to enter into Executive Session at 6:20 p.m., pursuant t o
SDCL 1-25-2, for purposes of discussing marketing or pricing strategies by a board or
commission of a business owned by the state or any of its political subdivisions, when
public discussion may be harmful to the competitive position of the business with the
City Council, City Manager, City Clerk, City Attorney, Steve Meyer, BMU Exec. Vice-
President and General Manager, and Laura Julius, BMU Finance Manager present, and
for discussing the qualifications, competence, performance, character or fitness of any
public officer or employee or prospective public officer or employee. The term,
employee, does not include any independent contractor, with the City Council, City
Manager, City Clerk, and City Attorney present. The motion carried by a unanimous
vote. A motion was made by Council Member Bacon, seconded by Council Member
Niemeyer, to exit Executive Session at 7:03 p.m. The motion carried by a
unanimous vote.
Adjourn. A motion was made by Council Member Tilton Byrne, seconded by Council
Member Bacon, that this meeting be adjourned at 7:04 p.m. The motion carried by a
unanimous vote.
CITY OF BROOKINGS
__________________________
ATTEST: Keith W. Corbett, Mayor
__________________________
Bonnie Foster, City Clerk
Brookings City Council
February 18, 2020 (unapproved)
The Brookings City Council held a Study Session on Tuesday, February 18, 2020 at
5:30 PM, at City Hall with the following City Council members present: Deputy Mayor
Patty Bacon, Council Members Nick Wendell, Dan Hansen, Holly Tilton Byrne, and Ope
Niemeyer. Absent: Mayor Keith Corbett and Council Member Leah Brink. 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 Bacon,
seconded by Council Member Tilton Byrne, to amend the agenda to remove items #3.
A. Executive Session and #9 Action on City Manager Compensation Package from the
agenda. The motion carried by the following vote: Yes: 5 - Niemeyer, Hansen, Bacon,
Wendell, and Tilton Byrne; Absent: 2 - Corbett and Brink.
A motion was made by Council Member Wendell, seconded by Council Member
Hansen, to approve the agenda, as amended. The motion carried by the following vote:
Yes: 5 - Niemeyer, Hansen, Bacon, Wendell, and Tilton Byrne; Absent: 2 - Corbett and
Brink.
2020 Census Marketing Campaign. Chelsie Bakken, City Public Information Officer,
provided an overview of the 2020 Census Marketing Campaign for the City of
Brookings.
Motion to allow Public Comment. A motion was made by Council Member Bacon,
seconded by Council Member Niemeyer, to allow for public comment on the Study
Session Agenda Items #5 SDSU Visitor Promotional Funding, and #6 Swiftel Center
Operational Presentation and Discussion. The motion carried by the following vote:
Yes: 5 - Niemeyer, Hansen, Bacon, Wendell, and Tilton Byrne; Absent: 2 - Corbett and
Brink.
2020 SDSU Visitor Promotional Fund. Paul Briseno, City Manager, led the
discussion held on the 2020 SDSU Visitor Promotional Fund. Public Comment: Hattie
Seten, SDSU Students Association Government Affairs Chair.
Swiftel Center Operational Presentation and Discussion.Tom Richter, Swiftel
Center Executive Director, presented information the Swiftel Center’s mission, vision,
opportunities, and future direction. Public Comment: Steve Peters, CEO and Founder of
VenuWorks, Tim Sullivan, Sr. Vice-President of VenuWorks, Al Kurtenbach, and Doug
Smith.
Facility Maintenance Projects. Matt Bartley, Street Superintendent and Facilities
Manager, provided an update on the current plan for the maintenance of City facilities. A
Facility Condition Assessment (FCA) was provided by McKinstry to assist in the process
and devise a plan to be implemented over the next 30 years.
City Council Financial Policy Funds (CCFPF). Erick Rangel, Chief Financial Officer,
provided an update on the estimated 2019 General Fund balance after applying the
Comprehensive Financial Management Policy on reserves requirements results in a
surplus.
Adjourn.A motion was made by Council Member Hansen, seconded by Council
Member Wendell, that this meeting be adjourned at 7:31 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 #:ID 20-0095,Version:1
Action to cancel the April 7, 2020 City Council Meeting.
Summary:
Historically, the City Council holds only one action meeting in April due to the Municipal/School
Election being held the second Tuesday in April. Therefore, staff would like to cancel the April 7,
2020 City Council meeting. Cancelling this meeting does not interfere with the normal operations of
the City.
The scheduled City Council Meetings for April will be as follows:
April 21 - Election Canvass and Study Session
April 28 - City Council Meeting
Any meeting of the City Council may be cancelled in advance by a majority vote of the City Council.
The Mayor may cancel a meeting in the case of an emergency, when a majority of the members have
confirmed in writing their unavailability to attend a meeting, when there is not a quorum at the start of
the meeting, or when the agenda is such that cancelling the meeting would not interfere with the
normal operations of the City. The City Council must meet regularly, however, at least once each
month. Cancelled meetings will be noted on the agenda and posted for the public.
Recommendation:
Staff recommends approval.
City of Brookings Printed on 2/20/2020Page 1 of 1
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City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 20-0102,Version:1
Presentation of “Award in Excellence in Concrete Paving” from the South Dakota Chapter of the
American Concrete Pavement Association for the 22nd Avenue Reconstruction Project.
Summary:
The City of Brookings has received an Award in Excellence in Concrete Paving from the South
Dakota Chapter of the American Concrete Pavement Association for the 22nd Avenue Reconstruction
Project between Minnesota Drive and Eastbrook Drive. The project included full reconstruction to
widen the roadway with concrete pavement, new concrete sidewalk and concrete shared use path,
replacement of underground utilities, traffic signal upgrades, and new street lighting. The project was
designed by Civil Design Inc. and was completed in early 2020.
Jason Reaves, Executive Vice President of the SD Chapter of the American Concrete Pavement
Association, will present the award to the City of Brookings at the City Council meeting. The project
category for the award is Municipal Streets & Intersections (under 30,000 Square Yards). Any
concrete pavement project in the state of South Dakota qualifies for the award. This project will be
submitted to the National American Concrete Pavement Association for judging in the national pool of
projects for that category.
City of Brookings Printed on 2/20/2020Page 1 of 1
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City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:ID 20-0105,Version:1
4th Quarter CFO’s Report.
Summary:
Chief Financial Officer, Erick Rangel, will present the 4th Quarter Financial Report to the City Council
and members of the public.
Attachments:
4th Quarter Financial Report
City of Brookings Printed on 2/20/2020Page 1 of 1
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Brookings City Council Meeting
CFO’s Report
February 25th, 2020
2
2019 Jan –Dec Tax Revenue & Other Income
A Actuals Δ Variance B Budget
Revenue Tax Collected vs LY vs Budget2019 Tax Revenue & Other Income
4.8%4.4%
Other Income –Other revenues for General and CIP Funds, excludes transfers (i.e. grants, fees, interest
income). These are preliminary results as the City has not officially closed 2019 fiscal year
REVENUES (TH):FY2019 B Prorated
YTD 2019 B 2019 YTD A Δ $
F/(U)Δ%
Sales Tax:
1st Penny $6,818,600 $6,818,600 $7,176,057 $357,457 5.2%
2nd Penny $6,867,480 $6,867,480 $7,221,453 $353,973 5.2%
3rd Penny $969,000 $969,000 $1,056,500 $87,500 9.0%
BID (Pillow Tax)$400,000 $400,000 $267,538 ($132,462)(33.1%)
Total $15,055,080 $15,055,080 $15,721,547 $666,467 4.4%
Property Tax:$3,236,500 $3,236,500 $3,216,030 ($20,470)(0.6%)
Other Income $4,285,557 $4,285,557 $4,522,600 $237,043 5.5%
Grand Total $22,577,137 $22,577,137 $23,460,177 $883,040 3.9%
3
Jan -Dec 2019 Budget vs Actuals
General Fund
A Actuals Δ Variance B Budget
EXPENDITURES:FY2019 B Prorated
YTD 2019 B 2019YTD A Δ $
(F)/U % Used Δ Revenue
$ F/(U)
Net
Surplus/
(Deficit)
Mayor & Council $127,528 $127,528 $112,469 ($15,059)88.2%$1,450 $16,509
City Clerk $328,405 $328,405 $199,402 ($129,004)60.7%($28,625)$100,379
City Manager $446,743 $446,743 $443,425 ($3,318)99.3%$0 $3,318
City Attorney $118,919 $118,919 $126,941 $8,022 106.7%$0 ($8,022)
Human Resources $296,798 $296,798 $282,216 ($14,581)95.1%$993 $15,575
Finance $536,647 $536,647 $496,535 ($40,111)92.5%$18,854 $58,966
IT $259,558 $259,558 $236,016 ($23,541)90.9%($223)$23,319
Government Buildings $184,346 $184,346 $131,598 ($52,748)71.4%$0 $52,748
Community Development $513,415 $513,415 $464,245 ($49,170)90.4%$14,605 $63,775
Engineering $540,359 $540,359 $515,733 ($24,626)95.4%($24,430)$196
County Reimbursement $406,226 $406,226 $168,886 ($237,340)41.6%($237,889)($549)
Police Department $3,842,430 $3,842,430 $3,731,360 ($111,070)97.1%$36,040 $147,110
Fire Department $692,105 $692,105 $680,113 ($11,992)98.3%$8,717 $20,710
Hydrant Rental $95,795 $95,795 $96,715 $920 101.0%$0 ($920)
Street Department $2,750,182 $2,750,182 $2,769,420 $19,239 100.7%$38,814 $19,575
Animal Control $146,388 $146,388 $153,686 $7,298 105.0%$3,884 ($3,414)
Dakota Nature Park $122,528 $122,528 $85,741 ($36,787)70.0%($10,178)$26,609
Aquatic Center $477,798 $477,798 $400,989 ($76,809)83.9%($31,569)$45,240
Recreation Department $368,610 $368,610 $297,683 ($70,928) ($5,289)$65,639
Parks Department $1,663,800 $1,663,800 $1,684,005 $20,204 101.2%$31,534 $11,330
Ice Arena $670,489 $670,489 $404,171 ($266,318)60.3%($33,862)$232,456
Forestry $650,381 $650,381 $526,602 ($123,778)81.0%($9,377)$114,401
Library $1,273,358 $1,273,358 $1,242,952 ($30,406)97.6%$9,095 $39,502
Subsidies/Appropriation $890,202 $890,202 $890,202 $0 100.0%$0 $0
Total $17,403,010 $17,403,010 $16,141,106 ($1,261,904)92.7%($217,454)$1,044,451
EXPENDITURES:FY2019 B Prorated
YTD 2019 B 2019YTD A Δ $
(F)/U % Used Δ Revenue
$ F/(U)
Net
Surplus/
(Deficit)
Mayor & Council $127,528 $127,528 $112,469 ($15,059)88.2%$1,450 $16,509
City Clerk $328,405 $328,405 $199,402 ($129,004)60.7%($28,625)$100,379
City Manager $446,743 $446,743 $443,425 ($3,318)99.3%$0 $3,318
City Attorney $118,919 $118,919 $126,941 $8,022 106.7%$0 ($8,022)
Human Resources $296,798 $296,798 $282,216 ($14,581)95.1%$993 $15,575
Finance $536,647 $536,647 $496,535 ($40,111)92.5%$18,854 $58,966
IT $259,558 $259,558 $236,016 ($23,541)90.9%($223)$23,319
Government Buildings $184,346 $184,346 $131,598 ($52,748)71.4%$0 $52,748
Community Development $513,415 $513,415 $464,245 ($49,170)90.4%$14,605 $63,775
Engineering $540,359 $540,359 $515,733 ($24,626)95.4%($24,430)$196
County Reimbursement $406,226 $406,226 $168,886 ($237,340)41.6%($237,889)($549)
Police Department $3,842,430 $3,842,430 $3,731,360 ($111,070)97.1%$36,040 $147,110
Fire Department $692,105 $692,105 $680,113 ($11,992)98.3%$8,717 $20,710
Hydrant Rental $95,795 $95,795 $96,715 $920 101.0%$0 ($920)
Street Department $2,750,182 $2,750,182 $2,769,420 $19,239 100.7%$38,814 $19,575
Animal Control $146,388 $146,388 $153,686 $7,298 105.0%$3,884 ($3,414)
Dakota Nature Park $122,528 $122,528 $85,741 ($36,787)70.0%($10,178)$26,609
Aquatic Center $477,798 $477,798 $400,989 ($76,809)83.9%($31,569)$45,240
Recreation Department $368,610 $368,610 $297,683 ($70,928) ($5,289)$65,639
Parks Department $1,663,800 $1,663,800 $1,684,005 $20,204 101.2%$31,534 $11,330
Ice Arena $670,489 $670,489 $404,171 ($266,318)60.3%($33,862)$232,456
Forestry $650,381 $650,381 $526,602 ($123,778)81.0%($9,377)$114,401
Library $1,273,358 $1,273,358 $1,242,952 ($30,406)97.6%$9,095 $39,502
Subsidies/Appropriation $890,202 $890,202 $890,202 $0 100.0%$0 $0
Total $17,403,010 $17,403,010 $16,141,106 ($1,261,904)92.7%($217,454)$1,044,451
General Fund spent 93% of
total budget
Revenues were $217K lower
than planned
Estimated budget surplus is
$1.04M
These are preliminary results as the City has not officially closed 2019 fiscal year
4
Jan -Dec 2019 Budget Surplus by Category
General Fund
Payroll surplus was driven by
Street and Police Departments
M&E surplus was due to Ice
Arena equipment not
purchased do to overall
upgrade project
F&E surplus was driven by City
hall building and Parks & Rec
Department
These are preliminary results as the City has not officially closed 2019 fiscal year
5
Jan -Dec 2019 Budget vs Actuals
Capital Improvement Projects & Other
A Actuals Δ Variance B Budget
* All Other –Other Government , Special, Capital Projects and Enterprise Funds managed by the City. These are preliminary results as the City has not officially closed 2019 fiscal year
EXPENDITURES:FY2019 B
Prorated
YTD 2019
B
2019YTD A Δ $
(F)/U % Used
CIP $13,611,599 $13,611,599 $9,428,184 ($4,183,415)69.3%
All Other*$27,669,209 $27,669,209 $20,694,155 ($6,975,054)74.8%
Grand Total $58,683,817 $58,683,817 $46,263,444 ($12,420,374)78.8%
A majority of the CIP excess funds will be carried
over to 2021 to complete projects
Remaining funds will be determined with the
2019 audit closing
6
Jan -Dec 2019 Swiftel Center Profit and Loss Summary
Swiftel Center
Revenues were under budget due to low
performing shows (Doobie Brothers & PJ Masks)
However, staff worked diligently to mitigate the
revenue shortfalls:
•Contracting Svces –insourced sidewalks snow
removal as well as all lawn care
•HVAC System Repairs –on going efforts to self
troubleshoot prior to making the service call
•Reorganized Food and Beverage staffing
Despite all efforts, net deficit vs budget was
$42K. This number is lower than the $65K
previously estimated
Additional revenue enhancement initiatives
were put in place at the end of 4Q and forward
YTD Actual Annual Budget
211,683 201,842
190,559 189,900
452,890 491,535
802,878 1,220,783
223,627 81,645
214,260 230,994
12,213 1,680
2,108,110 2,418,379
(275,102)(354,705)
(802,307)(833,898)
(14,337)(20,040)
(327,326)(417,662)
(344,811)(377,276)
(47,778)(77,332)
(324,049)(331,139)
(145,337)(152,206)
(316,936)(296,690)
(27,518)(32,520)
(2,625,501)(2,893,468)
(517,391)(475,089)Net Income:(475,089)
Food & Beverage Expense (32,520)
Expense Total:(2,893,468)
Services & Operations Expense (152,206)
Event Expense (296,690)
General & Administrative Expense (77,332)
Occupancy Expense (331,139)
Personnel Expense - Part-Time Event (417,662)
Personnel Expense - Taxes, Benefits & Fees (377,276)
Personnel Expense - Full-Time (833,898)
Personnel Expense - Part-Time Support (20,040)
Revenue Total:2,418,379
Expense
Cost of Goods Sold (354,705)
Other Event Income 230,994
Other Income 1,680
Food & Beverage Income - Concessions 1,220,783
Food & Beverage Income - Catering 81,645
YTD Budget
Revenue
Reimbursed Event Expenses 491,535
Building Rent Income 201,842
Contractually Obligated Income 189,900
7
City Council Priority Project List (1/2)
General Fund Reserves Secondary Projects
2018 EOY Unassigned Balance 10,412,201$
2020 15% General Fund Reserve Balance 2,481,736$
2020 5% GF Budget Stabilization 827,245$
2019 Estimated Budget Revenue (Shortfall)/Surplus 629,534$
30% Variance for estimated Surplus 188,860$
City Council Priority Funding Available Balance 7,543,893$
Cost
Indoor Rec 1,500,000$
Food Bank 300,000$
Interchange** - CC action taken 795,002$
Priority Funding Available Balance After Approved 4,948,891$
City Council Approved Projects
Primary Projects Cost
2020 Facility Improvements 1,022,600$
2021 Facility Improvements 1,686,790$
2022 Facility Improvements 1,610,575$
Parks Master Plan 125,000$
Downtown Master Plan 35,000$
Streets - Bucket Truck Retro Fit 85,000$
FD Training Tower 300,000$
Public Safety Center TBD
Total Unapproved Primary Projects 4,864,965$
**$1,204,998 funded with Economic Development Reserves per G&E Policy
8
City Council Priority Project List (2/2)
Secondary Projects
2023 Facility Improvements 1,442,050$
2024 Facility Improvements 1,756,957$
2025 Facility Improvements 2,318,312$
Parks - Bike Trails New 200,000$
Pay Down Debt TBD
Total Unapproved Secondary Projects 5,717,319$
Desired Projects (NOT in priority order)Cost
Indoor Pool 8,500,000$
Swiftel Convention Ballroom Expansion 7,500,000$
Indoor Tennis 2,500,000$
Sanitary Sewer North bypass 2,000,000$
11 St Sewer (Innovation Campus)1,000,000$
Swiftel Dressing/Green/Locker 752,750$
Swiftel Kitchen/Storage/Receiving 709,259$
Parks - Parks Maintenance Addition 600,000$
Swiftel - East Parking Lot Paving 320,000$
PD Training Simulator 300,000$
Streets - 3rd Street Sweeper 265,000$
Streets - Tandem Axle Truck/Sander/etc.225,000$
Parks - Blue Rink Dehumidification (LIA)200,000$
Parks - Pickle ball Court 120,000$
Parks - Floor Replacement (LIA)96,000$
PD K9 Vehicle 65,000$
PD Charger 52,000$
Streets - Side Dump Trailer 50,000$
Swiftel - Outdoor Marquee (22nd Ave)41,500$
Parks - Bridge to East Pond (DNP)30,000$
Total Unapproved Desired Projects 25,326,509$
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 20-0106,Version:1
Department Presentation: Public Information Office
Summary:
Once a month, a department will be presenting an update to the City Council and the public.
Attachments:
Presentation to be added at a later date.
City of Brookings Printed on 2/20/2020Page 1 of 1
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City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 20-006,Version:4
Action on Resolution 20-006, a Resolution awarding the bid for Landfill 3W Cell Construction to Veit
& Company, Inc. of Rogers, Minnesota.
Summary:
This resolution will award the 20-006 Landfill 3W Cell Construction Project (Request No. 2020-01) to
Veit & Company Inc. of Rogers, Minnesota in the amount of $1,897,820. The construction will begin
in April of 2020 with a completion date of September 4, 2020.
Background:
This construction project will give the Brookings Regional Landfill the space needed to continue
environmentally sound waste disposal operations.
The 2020 Budget provided $2,100,000 to complete this cell construction project. The project consists
of Area 3W cell construction which includes: soil excavation, placement of soil liner material,
placement of granular material, placement of protective cover soil, placement of leachate collection
system, construction of a storm water pond, and access roads.
In addition, this project includes placement of final cover over the north slope in Area 1.
This construction project will also include the completion of the Citizen’s Campus. The Citizen’s
Campus is designed to give residents the ability to drop off compost material, tree branches, clean
lumber/pallets, and pickup screened compost. Dumpsters will also be available for any extra
garbage and recycling material.
The previous cell construction project, Area 4E, was completed in September 2010 for a cost of
$1,130,000.
Fiscal Impact:
The City will enter into a contract with Veit & Company, Inc. for the low bid of $1,897,820. This
project’s budgeted amount was $2,100,000.00 for 2020. The bid was $202,180.00 under the project
budget.
Recommendation:
Staff recommends approval.
Attachments:
1.Memo
2.Resolution
3.Notice of Award
4.Contract
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File #:RES 20-006,Version:4
5.Site Map
City of Brookings Printed on 2/20/2020Page 2 of 2
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City Council Agenda Memo
From: Todd Langland, Director of Solid Waste
Council Meeting: February 25, 2020
Subject: Landfill 3W Cell Construction Bid Award
Person(s) Responsible: Todd Langland, Director of Solid Waste
Summary:
This resolution will award the 20-006 Landfill 3W Cell Construction Project (Request No.
2020-01) to Veit & Company Inc. of Rogers, Minnesota in the amount of $1,897,820.
The construction will begin in April of 2020 with a completion date of September 4,
2020.
Background:
This construction project will give the Brookings Regional Landfill the space needed to
continue environmentally sound waste disposal operations.
The 2020 Budget provided $2,100,000 to complete this cell construction project. The
project consists of Area 3W cell construction which includes: soil excavation, placement
of soil liner material, placement of granular material, placement of protective cover soil,
placement of leachate collection system, construction of a storm water pond, and
access roads.
In addition, this project includes placement of final cover over the north slope in Area 1.
This construction project will also include the completion of the Citizen’s Campus. The
Citizen’s Campus is designed to give residents the ability to drop off compost material,
tree branches, clean lumber/pallets, and pickup screened compost. Dumpsters will also
be available for any extra garbage and recycling material.
The previous cell construction project, Area 4E, was completed in September 2010 for a
cost of $1,130,000.
Item Details:
The City opened bids on Tuesday, February 4, 2020 at 1:30pm at the City & County
Government Center with the following bids received:
Veit & Company Inc., Rogers, MN $1,897,820.00
Rounds Construction Inc., Brookings, SD $1,962,684.35
Lidel Construction Inc., Sioux Falls, SD $3,793,607.00
Two (2) of the bid prices for this project were very competitive. The low bid of
$1,897,820.00 is approximately 9% lower than the budgeted amount of $2,100,000.
The new landfill cell will last approximately 10 years. The life expectancy of the landfill is
currently 50 years or 2070. Once the new cell is completed, Burns and McDonnell will
provide an updated landfill life expectancy.
Construction Timeline (project to be completed in 2020):
February – Approval of resolution to low bidder
March – Complete contract signing
April – Start project
July – Citizen’s Campus completion
September 4, 2020 – Project completion
Legal Consideration:
The Burns and McDonnell contracts for this project were reviewed and approved by City
Attorney Britzman.
Strategic Consideration:
Through the addition of the citizen’s campus, the Solid Waste Department furthers its
commitment to sustainability. The Department will continue to seek out sustainability
opportunities in both operations and capital projects.
Financial Consideration:
The City will enter into a contract with Veit & Company, Inc. for the low bid of
$1,897,820. This project’s budgeted amount was $2,100,000 for 2020. The bid was
$202,180 under the project budget.
Options and Recommendation:
The City Council has the following options:
1. Approve as presented
2. Deny
3. Move item to work session
4. Do nothing
Staff recommends approval.
Supporting Documentation:
1. Resolution
2. Bid Award Letter
3. Contract
4. Site Map
Resolution 20-006
Resolution Awarding Bid for Landfill 3W Cell Construction Project to Veit &
Company, Inc. of Rogers, Minnesota
Whereas, the City of Brookings opened bids for the Landfill 3W Cell Construction
Project on Tuesday, February 4, 2020 at 1:30 pm at the Brookings City & County
Government Center; and
Whereas, the City of Brookings has received the following bid for the Landfill 3W Cell
Construction Project from:
Veit & Company Inc., Rogers, MN $1,897,820.00
Rounds Construction Inc., Brookings, SD $1,962,684.35
Lidel Construction Inc., Sioux Falls, SD $3,793,607.00
Now, Therefore, Be It Resolved that the low bid of $1,897,820.00 from Veit & Company
Inc. of Rogers, MN be accepted.
Passed and approved this 25th day of February, 2020.
CITY OF BROOKINGS
___________________________
Keith W. Corbett, Mayor
ATTEST:
_________________________
Bonnie Foster, City Clerk
BROOKINGS AREA 3W 00 51 00 - 1 12/16/19
DOCUMENT 00 51 00 – NOTICE OF AWARD
To: ________________________________ (Bidder)
________________________________
________________________________
________________________________
Project Name: Landfill Area 3W Construction
Owner: City of Brookings, South Dakota
You are notified that your Bid, dated ____________________________, 20__ for the above Contract has
been considered. You are the apparent successful Bidder and are being awarded the Contract for the
above stated Project and which is described as follows:
The Contract provides for the construction of new landfill cell, Area 3W as well as partial final cover
placement over the northern slope of Area 1. Work for this Contract shall consist, but not be limited to,
furnishing all supervision, labor, tools, equipment, transportation, storage facilities, services, and supplies
required to complete the following:
General work includes mobilization, clearing and grubbing, soil excavation, subgrade
preparation, placement of soil liner material, placement of granular material and geotextiles,
placement of protective cover soil, placement of leachate collection system, placement of final
cover over the northern slope of Area 1, construction of stormwater channels/ponds,
construction of access roads, and any other work as indicated in the Contract Documents
The Contract Price of your Contract is _____________________________________________________
______________________________________________ dollars ($_____________________________).
The Contract Adjustment Unit Prices of your Contract will be as stated in your Bid Form.
You must comply with the following conditions precedent within 10 days of the date of this Notice of
Award, that is by _________________________, 20__.
1.Deliver to the Owner three fully executed counterparts of the Contract Documents.
2.Deliver with the executed Agreement the Contract security (Bonds) as specified in the
Instructions to Bidders, General Conditions, and Supplementary Conditions as applicable.
Veit & Company, Inc.
14000 Veit Place
Rogers, MN 55374
February 04 20
One Million, Eight Hundred Ninety Seven Thousand,
Eight Hundred Twenty and no cents 1,897,820.00
March 06 20
DOCUMENT 00 51 00 – NOTICE OF AWARD: continued
BROOKINGS AREA 3W 00 51 00 - 2 12/16/19
Failure to comply with these conditions within the time specified will entitle Owner to consider your Bid
in default, to annul this Notice of Award, and to declare your Bid security forfeited.
Within 10 days after you comply with the above conditions, Owner will return to you one fully signed
counterparts of the Agreement with the Contract Documents attached.
You are required to return an acknowledgement copy of this Notice of Award to the Owner.
Dated this _______________________________ day of ____________________________, 20__.
OWNER
____________________________________
By ____________________________________
Title ____________________________________
Date ______________________________ 20___
ACCEPTANCE OF AWARD
CONTRACTOR
___________________________________
By ___________________________________
Title ___________________________________
Date _____________________________ 20___
Copy to Engineer
END OF SECTION 00 51 00
BROOKINGS AREA 3W 00 50 00 - 1 12/16/19
DOCUMENT 00 50 00 – AGREEMENT BETWEEN OWNER AND CONTRACTOR
Project Name: Landfill Area 3W Construction
THIS AGREEMENT is dated as of the ____ day of ______________ in the year ______ by and between
the City of Brookings, South Dakota (hereinafter called Owner) and
___________________________________________ (hereinafter called Contractor).
Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:
ARTICLE 1 - WORK
1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents.
The Work under this Contract provides for the construction of new landfill cell, Area 3W as well as par-
tial final cover placement over the northern slope of Area 1. Work for this Contract shall consist, but not
be limited to, furnishing all supervision, labor, tools, equipment, transportation, storage facilities, ser-
vices, and supplies required to complete the following:
General work includes mobilization, clearing and grubbing, soil excavation, subgrade
preparation, placement of soil liner material, placement of granular material and geotextiles,
placement of protective cover soil, placement of leachate collection system, placement of final
cover over the northern slope of Area 1, construction of stormwater channels/ponds,
construction of access roads, and any other work as indicated in the Contract Documents
ARTICLE 2 - ENGINEER
2.01 The Project has been designed by Burns & McDonnell Engineering Company, Inc., who is
hereinafter called Engineer and who is to act as Owner's representative, assume all duties and
responsibilities, and have the rights and authority assigned to Engineer in the Contract
Documents in connection with completion of the Work in accordance with the Contract
Documents.
25th February 2020
Veit & Company, Inc.
DOCUMENT 00 50 00 – AGREEMENT BETWEEN OWNER AND CONTRACTOR : continued
BROOKINGS AREA 3W 00 50 00 - 2 12/16/19
ARTICLE 3 - CONTRACT TIME
3.01 TIME OF THE ESSENCE:
A.All time limits for milestones, if any, Substantial Completion, and completion and readiness for
final payment as stated in the Contract Documents are of the essence of the Contract.
3.02 DATES FOR SUBSTANTIAL COMPLETION AND FINAL PAYMENT:
A.The Work will be Substantially Completed on or before September 4, 2020, and completed
and ready for final payment in accordance with the GENERAL CONDITIONS on or before
September 18, 2020. Substantial Completion shall be defined at which time the Owner can
occupy and fully operate the work area, including, but not limited to, leachate collection
system and pumping. No temporary systems will be allowed for Substantial Completion.
3.03 LIQUIDATED DAMAGES:
A. Owner and Contractor recognize that time is of the essence of this Agreement and that Owner
will suffer financial loss if the Work is not completed within the time specified above, plus any
extensions thereof allowed in accordance with the GENERAL CONDITIONS. The parties
also recognize the delays, expense, and difficulties involved in proving the actual loss suffered
by Owner if the Work is not Substantially Completed on time. Accordingly, instead of
requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but
not as a penalty) Contractor shall pay Owner five hundred dollars ($500.00 ) for each calendar
day that expires after the time specified above in Paragraph 3.02 for Substantial Completion
until the Work is Substantially Complete. After Substantial Completion, if Contractor shall
neglect, refuse, or fail to complete the remaining Work within the time specified in Paragraph
3.02 for completion and readiness for final payment or any proper extension thereof granted by
Owner, Contractor shall pay Owner five hundred dollars ($500.00) for each day that expires
after the time specified for completion and readiness for final payment.
DOCUMENT 00 50 00 – AGREEMENT BETWEEN OWNER AND CONTRACTOR : continued
BROOKINGS AREA 3W 00 50 00 - 3 12/16/19
ARTICLE 4 - CONTRACT PRICE
4.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract
Documents an amount in current funds equal to the lump sum amount identified in the Bid
Form.
ARTICLE 5 - PAYMENT PROCEDURES
5.01 SUBMITTAL AND PROCESSING OF PAYMENTS:
A.Contractor shall submit Applications for Payment in accordance with the GENERAL
CONDITIONS. Applications for Payment will be processed by Engineer as provided in the
GENERAL CONDITIONS.
5.02 PROGRESS PAYMENTS, RETAINAGE:
A.Owner shall make progress payments on account of the Contract Price on the basis of
Contractor's Applications for Payment as recommended by Engineer each month during
construction. All such payments will be measured by the schedule of values established in the
GENERAL CONDITIONS or, in the event there is no schedule of values, as provided in the
General Requirements.
1.Prior to Substantial Completion, progress payments will be made in an amount equal to
the percentage indicated below, but, in each case, less the aggregate of payments
previously made and less such amounts as Engineer shall determine, or Owner may
withhold, in accordance with the GENERAL CONDITIONS.
a.90% of Work completed (with the balance being retainage). If Work has been 50%
completed as determined by Engineer, and if the character and progress of the Work
have been satisfactory to Owner and Engineer, Owner on recommendation of
Engineer, may determine that as long as the character and progress of the Work
subsequently remain satisfactory to them, there will be no additional retainage on
account of Work subsequently completed, in which case the remaining progress
payments prior to Substantial Completion will be an amount equal to 100% of the
Work completed less the aggregate of payments previously made; and
b. 90% (with the balance being retainage) of Equipment and Materials not
incorporated in the Work (but delivered, suitably stored, and accompanied by
DOCUMENT 00 50 00 – AGREEMENT BETWEEN OWNER AND CONTRACTOR : continued
BROOKINGS AREA 3W 00 50 00 - 4 12/16/19
documentation satisfactory to Owner as provided in the GENERAL
CONDITIONS).
2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total
payments to Contractor to 95% of the Contract Price (with the balance being retainage),
less such amounts as Engineer shall determine, or Owner may withhold, in accordance
with the GENERAL CONDITIONS.
5.03 FINAL PAYMENT:
A.Upon final completion and acceptance of the Work in accordance with the GENERAL
CONDITIONS, Owner shall pay the remainder of the Contract Price as recommended by
Engineer and as provided in the GENERAL CONDITIONS.
ARTICLE 6 - NOT USED
ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS
7.01 In order to induce Owner to enter into this Agreement, Contractor makes the following
representations:
A.Contractor has examined and carefully studied the Contract Documents (including the
Addenda) and other related data identified in the Bid Documents.
B.Contractor has visited the Site and become familiar with and is satisfied as to the general, local,
and Site conditions that may affect cost, progress, performance, and furnishing of the Work.
C.Contractor is familiar with and is satisfied as to all federal, state, and local Laws and
Regulations that may affect cost, progress, performance, and furnishing of the Work.
D.Contractor has carefully studied all: (1) reports of explorations and tests of subsurface
conditions at or contiguous to the Site and all drawings of physical conditions in or relating to
existing surface or subsurface structures at or contiguous to the Site; and (2) reports and
drawings of a Hazardous Environmental Condition, if any, at the Site. Contractor
acknowledges that Owner and Engineer do not assume responsibility for the accuracy or
completeness of information and data shown or indicated in the Contract Documents with
respect to Underground Facilities at or contiguous to the Site.
E.Contractor has obtained and carefully studied [or assumes responsibility of having done so] all
such additional supplementary examinations, investigations, explorations, tests, studies, and
data concerning conditions [surface, subsurface, and Underground Facilities] at or contiguous
DOCUMENT 00 50 00 – AGREEMENT BETWEEN OWNER AND CONTRACTOR : continued
BROOKINGS AREA 3W 00 50 00 - 5 12/16/19
to the Site or otherwise which may affect cost, progress, performance, and furnishing of the
Work or which relate to any aspect of the means, methods, techniques, sequences, and
procedures of construction to be employed by Contractor and safety precautions and programs
incident thereto.
F.Contractor does not consider that any additional examinations, investigations, explorations,
tests, studies, or data are necessary for the performing and furnishing of the Work at the
Contract Price, within the Contract Times, and in accordance with the other terms and
conditions of the Contract Documents.
G.Contractor is aware of the general nature of work to be performed by Owner and others at the
Site that relates to the Work as indicated in the Contract Documents.
H.Contractor has correlated the information known to Contractor, information and observations
obtained from visits to the Site, reports and drawings identified in the Contract Documents, and
all additional examinations, investigations, explorations, tests, studies, and data with the
Contract Documents.
I.Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or
discrepancies that Contractor has discovered in the Contract Documents and the written
resolution thereof by Engineer is acceptable to Contractor.
J.The Contract Documents are generally sufficient to indicate and convey understanding of all
terms and conditions for performance and furnishing of the Work.
ARTICLE 8 - CONTRACT DOCUMENTS
8.01 CONTENTS:
A.The Contract Documents which comprise the entire Agreement between Owner and Contractor
concerning the Work consist of the following and may only be amended, modified, or
supplemented as provided in the GENERAL CONDITIONS:
1.This Agreement.
2.Exhibits to this Agreement (enumerated as follows):
a.Notice of Award.
b.Notice to Proceed.
c.Contractor's Bid.
d. Documentation submitted by Contractor prior to Notice of Award.
3. Performance, Payment, and other Bonds.
DOCUMENT 00 50 00 – AGREEMENT BETWEEN OWNER AND CONTRACTOR : continued
BROOKINGS AREA 3W 00 50 00 - 6 12/16/19
4. General Conditions.
5.Specifications consisting of divisions and sections as listed in table of contents of Project
Manual.
6.Drawings consisting of a cover sheet and sheets as listed in the table of contents thereof,
with each sheet bearing the following general title: Brookings Sanitary Landfill: Landfill
Area 3W Construction.
7. Addenda numbers __1__ to __2__, inclusive.
8.Evidence or Certificate of Insurance.
9.The following which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto: All Written Amendments and other documents
amending, modifying, or supplementing the Contract Documents pursuant to the
GENERAL CONDITIONS.
ARTICLE 9 - MISCELLANEOUS
9.01 TERMS:
A.Terms used in this Agreement which are defined in the GENERAL CONDITIONS shall have
the meanings stated in the GENERAL CONDITIONS.
9.02 ASSIGNMENT OF CONTRACT:
A.No assignment by a party hereto of any rights under or interests in the Contract Documents will
be binding on another party hereto without the written consent of the party sought to be
bound; and specifically but without limitation, moneys that may become due and moneys that
are due may not be assigned without such consent (except to the extent that the effect of this
restriction may be limited by Law), and unless specifically stated to the contrary in any written
consent to an assignment, no assignment will release or discharge the assignor from any duty
or responsibility under the Contract Documents.
9.03 SUCCESSORS AND ASSIGNS:
A.Owner and Contractor each binds himself, his partners, successors, assigns, and legal
representatives to the other party hereto, its partners, successors, assigns, and legal
representatives in respect to all covenants, agreements, and obligations contained in the
Contract Documents.
DOCUMENT 00 50 00 – AGREEMENT BETWEEN OWNER AND CONTRACTOR : continued
BROOKINGS AREA 3W 00 50 00 - 7 12/16/19
9.04 SEVERABILITY:
A.Any provision or part of the Contract Documents held to be void or unenforceable under any
Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be
valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be
reformed to replace such stricken provision or part thereof with a valid and enforceable
provision that comes as close as possible to expressing the intention of the stricken provision.
9.05 OTHER PROVISIONS: NOT APPLICABLE
IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in triplicate. One counter-
part each has been delivered to Owner, Contractor, and Engineer. All portions of the Contract Documents
have been signed, initialed, or identified by Owner and Contractor or identified by Engineer on their be-
half.
This Agreement will be effective on ____________________________, 2020, which is the Effective
Date of the Agreement.
CONTRACTOR __________________________ OWNER ___________________________
__________________________ ___________________________
By: __________________________ By: ___________________________
Title: __________________________ Title: ___________________________
Attest _____________________________ Attest _____________________________
Address for giving notices Address for giving notices
____________________________________ ____________________________________
February 25
DOCUMENT 00 50 00 – AGREEMENT BETWEEN OWNER AND CONTRACTOR : continued
BROOKINGS AREA 3W 00 50 00 - 8 12/16/19
____________________________________ ____________________________________
License No. ________________________ (If Owner is a public body, attach
(if required by Law) evidence of authority to
sign and resolution or other documents
Agent for Service of process authorizing execution of Agreement)
__________________________________
(if required by law)
(If Contractor is a corporation, Approved As to Form:
attach evidence of authority to
sign.) By: _________________________________
Attorney For: _________________________
END OF SECTION 00 50 00
1
Existing Conditions
Area 1W Area 1E
Area 2W Area 2E
Area 3E
Area 4E
2
Proposed Construction
Area 1W Area 1E
Area 2W Area 2E
Area 3E
Area 4E
Area 1 Partial
Closure Construction
Area 3W Cell
Construction
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 20-004,Version:1
Introduction and First Reading on Ordinance 20-004, an Ordinance Authorizing Supplemental
Appropriation #3 to the 2020 Budget. Second Reading: March 10, 2020.
Summary:
This ordinance will amend the 2020 Budget for the following changes:
1)To carry over items from the 2019 Budget
2)Priory items that were not initially funded when 2020’s budget was passed
3)Add funds to the SDSU Student Visitor Promotion Program
Background:
Part 1
Allocates expenditures for projects or expenses which were budgeted in 2019 but not completed by
December 31, 2019.
Part 2
Recommends funding of items that were taken off the 2020 Budget given the overall objective of
passing a balanced budget or that were not initially considered. City staff is recommending funding
these priority items with a portion of the 2019 General Fund estimated surplus.
Part 3
Adds $7,000 to the SDSU Visitor Promotional Program Fund. For the 2020 budget, this fund was
decreased to $10,000 from the historical $50,000 level. City Council requested an evaluation of 2019
3B revenues to potentially increase the SDSU Visitor Promotional Fund. 2019 revenues were
greater than expected mostly due to a one-time increase, which led to surplus funds.
At the February 18, 2020 City Council Study Session, staff divulged the SDSU Promotional Fund
carried over $33,000 from 2019 which was unspent. Therefore, staff recommends an additional
$7,000 to solidify $50,000 in total 2020 available funds.
Fiscal Impact:
Part 1:
No impact as they are carryover items budgeted in 2019 which were not completed.
Part 2:
No impact as these items will be funded with a portion of the 2019 estimated budget surplus.
Part 3.
The 2019 3B Tax came in greater than projected and City Council can afford to increase the SDSU
Promotional Fund. However, the funding level is not sustainable unless other agencies decrease or
a revenue increase is realized matching expenditures.
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File #:ORD 20-004,Version:1
Recommendation:
Staff recommends approval of the Ordinance as presented.
Attachments:
Ordinance
Memo
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City Council Agenda Memo
From: Erick Rangel, Chief Financial Officer
Council Meeting: February 25, 2020
Subject: Ordinance 20-004, an Ordinance Authorizing Supplemental
Appropriation #3 to the 2020 Budget.
Person(s) Responsible: Erick Rangel, Chief Financial Officer
Summary:
This ordinance will amend the 2020 Budget for the following changes:
1) To carry over items from the 2019 Budget
2) Priory items not initially funded when the 2020 budget was passed
3) Add funds to the SDSU Student Visitor Promotion Program
Background:
Part 1
Allocates expenditures for projects or expenses which were budgeted in 2019 but not
completed by December 31, 2019.
Part 2
Recommends funding of items that were taken off the 2020 budget given the overall
objective of passing a balanced budget or that were not initially considered. City staff is
recommending funding these priority items with a portion of the 2019 General Fund
estimated surplus.
Part 3
Adds $7,000 to the SDSU Visitor Promotional Program fund. For the 2020 budget, this
fund was decreased to $10,000 from the historical $50,000 level. City Council
requested an evaluation of 2019 3B revenues to potentially increase the SDSU Visitor
Promotional Fund. 2019 revenues were greater than expected mostly due to a one-
time increase, which led to surplus funds.
At the February 18, 2020 City Council Study Session, staff divulged the SDSU
promotional fund carried over $33,000 from 2019 which was unspent. Therefore, staff
recommends an additional $7,000 to solidify $50,000 in total 2020 available funds.
Discussion:
Staff recommends the proposed budget amendment.
Legal Consideration:
None.
Financial Consideration:
Part 1:
No impact as they are carryover items budgeted in 2019 which were not completed.
Part 2:
No impact as these items will be funded with a portion of the 2019 estimated budget
surplus.
Part 3.
The 2019 3B Tax came in greater than projected and City Council can afford to increase
the SDSU Promotional Fund. However, the funding level is not sustainable unless other
agencies decrease or a revenue increase is realized matching expenditures.
Options:
The City Council has the following options:
1. Approve as presented
2. Approve with recommended adjustments
3. Deny
4. No Action
Recommendation:
Staff recommends approval of the Ordinance as presented.
Action Requested:
Approval of the Ordinance to amend the 2020 Budget.
Supporting Documentation:
1. Ordinance
Ordinance 20-004
An Ordinance Authorizing a Supplemental Appropriation 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 – Carry Over Items
General Fund Increase/
(Decrease) Justification
Expense
101-415-5-101-01 Temporary Pay 7,000 Summer intern funding
101-418-5-422-03 Consulting/Engineering 7,000 Census marketing campaign and surveying and platting svces
Total change in expense 14,000
Special Revenue Funds Increase/
(Decrease) Justification
Expense
213-000-5-911-00 Buildings 335,000 Building Maintenance "Fund"
213-000-5-911-01 Railroad Crossing Arms 9,452 Work will be carried and finalized in 2020
213-000-5-940-04 Parks & Rec Improvements 355,000 Larson Park playgroung, trail overlays, grant matching funds, master plan
213-000-5-940-05 Bike lane/trail Improve -eng 40,000 Trail Repairs/Bicycle Education initiative
213-000-5-940-08 Fire Dep Capital Exp 12,917 South Station remodeling and 22nd av station heater
213-000-5-960-00 Street & Sidewalk Improvements 80,000 Pavement condition study and BMU street work
213-000-5-960-01 STP Project Improvments 539,785 STP project work will be carried and finalized in 2020
213-000-5-960-02 Street curb & gutter 610,115 Work will be carried and finalized in 2020
213-000-7-899-03 Transfer out-Swiftel CIP 33,202 CIP allocation, equipment was delivered in early 2020 but budgeted in 2019
284-000-5-856-78 Downtown Accelaration Program 40,000 Received two aplications end of December for up to $20K each
Total change in expense 2,055,471
Capital Projects Increase/
(Decrease) Justification
Expense
523-000-5-940-00 Other Capital 1,300,390 S. Main & 34th Project work will be carried and finalized in 2020
Total change in expense 1,300,390
Enterprise Funds Increase/
(Decrease) Justification
Expense
606-000-5-940-00 Other Capital 121,057 Airport Apron reconstruction work will be carried and finalized in 2020
606-000-5-970-00 Runway Improvements 41,134 Airport Taxilane and fencing will be carried and finalized in 2020
Total change in expense 162,191
Total Impact to current budget 3,532,052
Part 2 – Additional Items funded with 2019's estimated surplus
Part 3 – 3B Tax surplus funding
All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
First Reading: February 25, 2020
Second Reading: March 10, 2020
Published:
CITY OF BROOKINGS
_________________________
Keith W. Corbett, Mayor
ATTEST:
____________________________
Bonnie Foster, City Clerk
General Fund Increase/
(Decrease) Justification
Expense
101-401-5-856-29 Special Initiatives 8,000 To fund Major's Holiday Party expense
101-405-5-121-11 Retirement Payout Expense 104,920 Retirement payout reserve
101-405-5-856-45 Employee Recognition 8,634 Employee Recognition event in January
101-406-5-101-00 Regular Pay 18,000 Additional Salary Expense
101-406-5-101-01 Temporary Pay 15,705 Intern or part time help funding
101-406-5-101-06 Car Allowance 1,900 Additional Salary Expense
101-406-5-121-09 Retirement 3,000 Additional Salary Expense
101-414-5-422-03 Consulting & Engineering 15,000 Medical plan consultant
101-414-5-422-21 Recruiting Expense 3,500 Drug testing increase scope for all new hires
101-414-5-427-02 Registration & Training 5,000 Additional training
101-416-5-940-00 Other Capital-IT 36,258 Strenghtening cyber security infrastructure
101-417-5-425-05 Maintenance Building 25,000 Routine maintenance for facilities
101-417-5-426-03 General Supplies 6,000 Admin Supplies for Cityhall and equipment
101-421-5-920-00 Furniture & Equipment 13,800 Weapon storage and security mechanism for patrol vehicles
101-421-5-950-10 IT Capital less than $5000 1,200 Laptop Computer ofr CID
101-453-5-911-00 Building & Structures 135,000 Ice Arena LED lighting conversion and flooring replacement
Total change in expense 400,917
Special Revenue Increase/
(Decrease) Justification
Expense
284-000-5-856-49 SDSU Student Visitor Promotion 7,000 Surplus to fund total program request
Total change in expense 7,000
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 20-0096,Version:1
Public Hearing and Action on a Temporary Alcohol Application from Aramark Educational Services,
LLC, to operate within the City of Brookings, South Dakota for a wedding reception to be held March
6, 2020 at the SDSU Alumni Center Woster Celebration Hall, 815 Medary Ave.
Summary:
Aramark Educational Services, LLC, has applied for a Temporary Alcohol License for a wedding
reception to be held March 6, 2020 at the SDSU Alumni Center Woster Celebration Hall, 815 Medary
Ave. All temporary alcohol licenses must be approved by the City Council through use of a public
hearing. All documents have been filed with the City pertaining to insurance and other licensing
requirements.
Recommendation:
Staff recommends approval.
Attachments:
Memo
Hearing Notice
City of Brookings Printed on 2/20/2020Page 1 of 1
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City Council Agenda Memo
From: Bonnie Foster, City Clerk
Council Meeting: February 25, 2020
Subject: Temporary Alcohol Application
Aramark Educational Services, LLC
Person(s) Presenting: Bonnie Foster, City Clerk
Summary:
Aramark Educational Services, LLC, has applied for a Temporary Alcohol License for a
wedding reception to be held March 6, 2020 at the SDSU Alumni Center Woster Celebration
Hall, 815 Medary Ave.
Background:
All temporary alcohol licenses must be approved by the City Council through use of a
public hearing. All documents have been filed with the City pertaining to insurance and
other licensing requirements.
Legal Consideration:
None.
Financial Consideration:
Resolution 15-066, Resolution establishing the License Fees for the Issuance of Special
Alcoholic Beverage Licenses in the City of Brookings.
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:
Staff recommends approval.
Supporting Documentation:
1) Legal Notice
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, February 25, 2020, in the Brookings
City & County Government Center, 520 Third Street, to consider a Temporary Alcohol
License Application from Aramark Educational Services, LLC, to operate within the City
of Brookings, South Dakota, for a wedding reception to be held March 6, 2020 at the
SDSU Alumni Center Woster Celebration Hall, 815 Medary Ave. At which time and
place all persons interested will be given a full, fair and complete hearing thereon.
Dated at Brookings, South Dakota, this 18th day of February, 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 20-016,Version:1
Public Hearing and Action on Resolution 20-016, a Resolution authorizing the City Manager to enter
into an Operating Agreement for an On-Off Sale Wine License for Eponymous Brewing Company,
Sean Weber, Kyle McElhany, Kyle Weber, Dan Weber, Dave Weber, and Kyle Halgerson, owners,
126 Main Ave. So., Brookings, SD, legal description: Lots 1, 2 and 3, Block 4, Folsom Addition.
Summary:
The City of Brookings has received an application for an On-Off Sale Wine for Eponymous Brewing
Company, Sean Weber, Kyle McElhany, Kyle Weber, Dan Weber, Dave Weber, and Kyle Halgerson,
owners, 126 Main Ave. So., Brookings, SD, legal description: Lots 1, 2 and 3, Block 4, Folsom
Addition. An operating agreement is required for Wine Licenses. This Resolution allows the City
Manager to enter into the first five years of the 10-year agreement effective through 2025.
Background:
A public hearing and action by the local governing body is required for all alcohol licenses. This
license would be effective until December 31, 2020 and then subject to an annual renewal. If
approved, the application would be forwarded to the State Department of Revenue for final action
and issuance of the license.
Recommendation:
Staff recommends approval.
Attachments:
Memo
Resolution
Operating Agreement
Hearing Notice
City of Brookings Printed on 2/20/2020Page 1 of 1
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City Council Agenda Memo
From: Bonnie Foster, City Clerk
Council Meeting: February 25, 2020
Subject: Operating Agreement for an On-Off Sale Wine License for
Eponymous Brewing Company, Sean Weber, Kyle
McElhany, Kyle Weber, Dan Weber, Dave Weber, and Kyle
Halgerson, owners, 126 Main Ave. So., Brookings, SD, legal
description: Lots 1, 2 and 3, Block 4, Folsom Addition.
Person(s) Presenting: Bonnie Foster, City Clerk
Summary:
The City of Brookings has received an application for an On-Off Sale Wine for
Eponymous Brewing Company, Sean Weber, Kyle McElhany, Kyle Weber, Dan Weber,
Dave Weber, and Kyle Halgerson, owners, 126 Main Ave. So., Brookings, SD, legal
description: Lots 1, 2 and 3, Block 4, Folsom Addition. An operating agreement is
required for Wine Licenses. This Resolution allows the City Manager to enter into the
first five years of the 10-year agreement, effective through 2025.
Background:
A public hearing and action by the local governing body is required for all alcohol
licenses. This license would be effective until December 31, 2020 and then subject to
an annual renewal. If approved, the application would be forwarded to the State
Department of Revenue for final action and issuance of the lic ense.
Listed below is specific information related to on-sale alcohol license request and other
procedures that follow with an application.
City Ordinances:
Listed below is Chapter 6, Article 2, Section 6-42 of the City Code of Ordinances
pertaining to Application Review Procedure. The city council shall review all applications
submitted to the city for available on-sale alcoholic beverage agreements and for all
alcoholic beverage licenses in accordance with SDCL 35-2 and in accordance with the
following factors:
1) Type of business which applicant proposes to operate: on -sale alcoholic
beverage operating agreements and on-sale alcoholic beverage licenses may
not be issued to convenience grocery stores, gas stations, or other stores where
groceries or gasoline are sold unless it can be established that minors do not
regularly frequent the establishment.
2) The manner in which the business is operated: on-sale alcoholic beverage
operating agreements and alcoholic beverage licenses may not be issued to
establishments which are operated in a manner which results in minors regularly
frequenting the establishment.
3) The extent to which minors are employed in such a place of business: on -sale
alcoholic beverage operating agreements and on-sale alcoholic beverage
licenses may not be issued to convenience grocery stores, gas stations, or other
stores where groceries or gasoline are sold and which regularly employ minors.
4) Adequacy of the police facilities to properly police the proposed location:
The city council shall inquire of the city manager whether the police department
can adequately police the proposed location.
5) Other factors: The hours that business is conducted shall be considered by the
city council in its review of applications for on-sale alcoholic beverage operating
agreements and on-sale alcoholic beverage licenses.
Legal Consideration:
None.
Financial Consideration:
This license would be effective until December 31, 2020 and then subject to an annual
renewal.
Options:
The City Council has the following options:
1. Approve as presented
2. Approve with recommended adjustments
3. Deny
4. Do nothing
Recommendation:
Staff recommends approval.
Action Requested:
Staff recommends approval.
Supporting Documentation:
1. Resolution
2. Operating Agreement
3. Hearing Notice
Resolution 20-016
Eponymous Brewing Company
On-Off Sale Wine Operating Agreement
Now, Therefore, Be It Resolved by the City of Brookings, South Dakota, that the City
Council hereby approves a Lease Agreement for the Operating Management
Agreement for Wine between the City of Brookings and Eponymous Brewing Company,
Sean Weber, Kyle McElhany, Kyle Weber, Dan Weber, Dave Weber, and Kyle
Halgerson, 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 126 Main Ave. So.: legal
description: Lots 1, 2 and 3, Block 4, Folsom 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 a period of five (5) years and
renewal for another five (5) years.
Passed and approved this 25th day of February, 2020.
CITY OF BROOKINGS
Keith W. Corbett, Mayor
ATTEST:
Bonnie Foster, City Clerk
WINE OPERATING AGREEMENT
Eponymous Brewing Company
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 Sean Weber, Kyle McElhany, Kyle W eber, Dan Weber, Dave
Weber, and Kyle Halgerson, owners, Eponymous Brewing Company, hereinafter
referred to as “Manager.”
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 hereto
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 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 fees, 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 estate in the City of Brookings,
South Dakota, described as:
Lots 1, 2 and 3, Block 4, Folsom Addition, City of Brookings, Brookings County,
South Dakota
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 a period of five (5) years, with the
Manager having the option and privilege of a five (5) year extension, sub ject 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 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 beverages 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 Manager 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, Five Hundred, and no/100 Dollars ($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 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 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 damage 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 revo cation 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 25th day of February, 2020.
CITY OF BROOKINGS, South Dakota
A Municipal Corporation
By:
ATTEST: Paul Briseno, City Manager
Bonnie Foster, City Clerk
MANAGER
By:
By:
NOTICE OF PUBLIC HEARING
On-Off Sale Wine License –
Eponymous Brewing Company
NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of
Brookings, South Dakota, on February 25, 2020, at 6:00 p.m. in the Brookings
City & County Government Center Chambers, 520 Third Street, will meet in
regular session to consider an application for an On-Off Sale Wine License for
Eponymous Brewing Company, Sean Weber, Kyle McElhany, Kyle Halgerson,
Kyle Weber, Dan Weber, Dave Weber, owners, 126 Main Ave. So. Brookings,
South Dakota, legal description: Lot 1, 2 & 3, Block 4, Fulsom Addition. At which
time and place all persons interested will be given a full, fair and complete
hearing thereon.
Dated at Brookings, South Dakota, this 7th day of February, 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 20-021,Version:1
Action on Resolution 20-021, a Resolution Providing Financial Commitment for a Reserve from Three
B Tax surplus to fund the SDSU Visitor Promotional Fund.
Summary:
The 2020 SDSU Visitor Promotional Fund was decreased to $10,000 from the historical $50,000
level. City Council requested an evaluation of 2019 3B revenues to potentially increase the SDSU
Visitor Promotional Fund. 2019 revenues were greater than expected mostly due to a one-time
increase, which led to surplus funds.
At the February 18, 2020 City Council Study Session, staff divulged the SDSU promotional fund
carried over $33,000 from 2019 which was unspent. Council funded $10,000 in the 2020 SDSU
budget. Therefore, staff recommended an additional $7,000 to solidify $50,000 in total 2020
available funds. With an increase of revenue from a one-time opportunity realized in 2019, staff
further recommends placing $30,000 aside for 2021 that can be utilized should the 3B revenue and
expenditures minimize City Council’s available contribution to the SDSU Promotional Fund. The
utilization will be determined thought the 2021 budget process or again in February 2021.
Background:
Three B is a one percent tax charged on bed, booze, and board. The Pillow Tax is a $2 charge on
hotel rooms within a Business Improvement District. These revenues provide city funding for various
outside visitor and economic development agencies. Some agencies have increased their overall
dependency over time; however, the revenue source which funds these agencies has not kept up
with the demand. This unsustainable funding has been augmented with revenues from the Liquor
Store through a transfer.
The future recommended funding levels need to mirror the revenue received from the 3B and Pillow
Tax in order to be sustainable. The annual increase in these revenue sources has been minimal.
Additionally, Liquor Store revenues assist in funding the General Fund. The 2020 projected budget
does not provide revenue necessary to fund all prior agency requests at historical levels. Therefore,
many programs were reduced or eliminated within the 2020 budget while trying to maintain little or no
impact on service delivery.
The SDSU Visitor Promotional Fund expended $17,500 in 2017, $42,000 in 2018 and $20,000 in
2019. The 2020 SDSU Promotional Fund is budgeted at $10,000. City Council requested a review
of the funding allocation after the 3B revenues for 2019 were received and provide a true up if
revenues allowed. That review occurred February 18, 2020.
Fiscal Impact:
The 2019 3B came in greater than projected and Council can afford to fund the proposed $30,000
reserve.
City of Brookings Printed on 2/20/2020Page 1 of 2
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File #:RES 20-021,Version:1
Recommendation:
Staff recommends approval of the resolution as presented which commits $30,000 for future funding
of the SDSU Visitor Promotional Fund; utilization to be determined in the 2021 budget process or
February 2021 year-end.
Attachments:
Memo
Resolution
City of Brookings Printed on 2/20/2020Page 2 of 2
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City Council Agenda Memo
From: Paul Briseno, City Manager
Council Meeting: February 25, 2020
Subject: A Resolution Providing Financial Commitment for a Reserve
from Three B Tax surplus to fund the SDSU Visitor
Promotional Fund
Person(s) Responsible: Paul Briseno, City Manager
Summary:
The 2020 SDSU Visitor Promotional Fund was decreased to $10,000 from the historical
$50,000 level. City Council requested an evaluation of 2019 3B revenues to potentially
increase the SDSU Visitor Promotional Fund. 2019 revenues were greater than
expected mostly due to a one-time increase, which led to surplus funds.
At the February 18, 2020 City Council Study Session, staff divulged the SDSU
promotional fund carried over $33,000 from 2019 wh ich was unspent. Council funded
$10,000 in the 2020 SDSU budget. Therefore, staff recommended an additional $7,000
to solidify $50,000 in total 2020 available funds. With an increase of revenue from a
one-time opportunity realized in 2019, staff further recommends placing $30,0000 aside
for 2021 that can be utilized should the 3B revenue and expenditures minimize City
Council’s available contribution to the SDSU Promotional Fund. The utilization will be
determined thought the 2021 budget process or again in February 2021.
Background:
Three B is a one percent tax charged on bed, booze, and board. The Pillow Tax is a $2
charge on hotel rooms within a Business Improvement District. These revenues provide
city funding for various outside visitor and economi c agencies. Some agencies have
increased their overall dependency over time; however, the revenue source which funds
these agencies has not kept up with the demand. This unsustainable funding has been
augmented with revenues from the Liquor Store through a transfer.
The future recommended funding levels need to mirror the revenue received from the 3B
and Pillow Tax in order to be sustainable. The annual increase in these revenue sources
has been minimal. Additionally, Liquor Store revenues assist in fund ing the General
Fund. The 2020 projected budget does not provide revenue necessary to fund all prior
agency requests at historical levels. Therefore, many programs were reduced or
eliminated within the 2020 budget while trying to maintain little or no impa ct on service
delivery.
The SDSU Visitor Promotional Fund expended $17,500 in 2017, $42,000 in 2018 and
$20,000 in 2019. The 2020 SDSU Promotional Fund is budgeted at $10,000. City
Council requested a review of the funding allocation after the 3B revenues for 2019
were received and provide a true up if revenues allowed. That review occurred February
18, 2020.
Item Details:
In 2019, the 3B revenue source saw an $87,500 surplus vs budget, of which, $61,000 is
a one-time revenue from previous year amendment true up. Thus, this large increase
will not be realized in the future. However, the increased revenue provides excess
revenue and meets the overall expenditures with the augmentation of the Liquor Store
transfer.
Excess funds do exist to fund the SDSU Visitor Promotional Fund $30,000 reserve for
utilization in 2021, if desired, and determined by City Council throughout the 2021
budget process or again in February 2021.
Legal Consideration:
None.
Strategic Plan Consideration:
Staff provides the City Council with a balanced budget. Therefore, excess revenues
should be utilized to meet the City Council strategic goals. Balanced budgets will be
recommended in the future and revenues will need to meet expenditures to be
sustainable.
Financial Consideration:
The 2019 3B came in greater than projected and the City Council can afford to fund the
proposed $30,000 reserve.
Options and Recommendation:
The City Council has the following options:
1. Approve as presented
2. Deny
3. Move the item to a work session
4. Do nothing
Staff recommends approval of the resolution as presented which commits $30,000 for
future funding of the SDSU Visitor Promotional Fund; utilization to be determined in the
2021 budget process or February 2021 year-end.
Supporting Documentation:
1. Resolution
Resolution 20-021
A Resolution Establishing a Reserve Fund of the 2019 Surplus
Third B Tax Revenues for SDSU Visitor Promotional Expenditures
Whereas, the City of Brookings desires to support SDSU events and projects that
positively impact the local economy; and
Whereas, the 2019 Third B Sales Tax revenues were greater than expected, likely
resulting from a onetime increase, which led to surplus revenue; and
Whereas, the City of Brookings will commit $30,000 in these Third B Sales Tax
revenues to be placed in an SDSU Visitor Promotion Reserve Fund for 2021
expenditures.
Now Therefore, Be It Resolved that the City Council of the City of Brookings directs the
Finance Department of the City to establish the SDSU Visitor Promotion Reserve Fund
with the $30,000 commitment as described herein.
Passed and approved this 25th day of February, 2020.
CITY OF BROOKINGS
____________________________
Keith W. Corbett, Mayor
ATTEST:
________________________
Bonnie Foster, City Clerk
City of Brookings
Staff Report
Brookings City & County
Government Center, 520
Third Street
Brookings, SD 57006
(605) 692-6281 phone
(605) 692-6907 fax
File #:RES 20-020,Version:1
Action on Resolution 20-020, a Resolution authorizing the City Manager to sign Fire Department
Mutual Aid Agreements.
Summary:
The City of Brookings recognizes the benefit of a Mutual Aid Agreements to establish procedures and
administration with other fire department entities. The City of Brookings also recognizes that
emergencies may require assistance in the form of personnel, equipment, and supplies from fire
departments in Brookings County to manage fires or other disasters and the other departments may
need the same assistance.
The two Mutual Aid Agreements are long- standing agreements already in place, and are up for
renewal. Each of the agreements is set forth to ensure the best and quickest response to emergency
situations so that emergency services can be provided by the best coverage for the citizens of
Brookings County. As stated in both agreements: “Each party agrees to hold each other party
harmless from any and all claims for liability, including attorney’s fees arising out of any services
furnished under this agreement, and for bodily injury or property damage arising out of services
furnished under this agreement” and “No party shall be reimbursed by any other party for any costs
incurred pursuant to this agreement.” Both agreements shall commence on January 1, 2020 and
expire on January 1, 2030.
Recommendation:
Staff recommends approval.
Attachments:
Memo
Resolution
Agreement - Mutual Aid Services
Agreement - County-wide Automatic Mutual Aid Services
Fire Department Coverage Map
City of Brookings Printed on 2/20/2020Page 1 of 1
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City Council Agenda Memo
From: Darrell Hartmann, Fire Chief
Council Meeting: February 25, 2020
Subject: Fire Department Mutual Aid Agreements
Person(s) Responsible: Darrell Hartmann, Fire Chief
Summary:
This resolution requests the City Manager to sign two Mutual Aid Agreements between
the Brookings County Fire Departments.
Background:
The City of Brookings recognizes the benefit of a Mutual Aid Agreements to establish
procedures and administration with other fire department entities. The City of Brookings
also recognizes that emergencies may require assistance in the form of personnel,
equipment, and supplies from fire departments in Brookings County to m anage fires or
other disasters and the other departments may need the same assistance.
The two Mutual Aid Agreements are long- standing agreements already in place, and
are up for renewal. Each of the agreements is set forth to ensure the best and quicke st
response to emergency situations so that emergency services can be provided by the
best coverage for the citizens of Brookings County. As stated in both agreements:
“Each party agrees to hold each other party harmless from any and all claims for
liability, including attorney’s fees arising out of any services furnished under this
agreement, and for bodily injury or property damage arising out of services furnished
under this agreement” and “No party shall be reimbursed by any other party for any
costs incurred pursuant to this agreement.” Both agreements shall commence on
January 1, 2020 and expire on January 1, 2030.
With the agreements renewable on a 10-year cycle, it was an oversight for the delay in
the request for approval.
Item Details:
The “Agreement for Mutual Aid Services” is a standard format which allows and
provides for mutual aid between the Brookings County Firefighter’s Association
Departments.
The “Agreement for Countywide Automatic Mutual Aid Services” is a standard format
which allows and provides for an automatic water tender shuttle response to any
structure fire in Brookings County. As indicated in the agreement, upon any department
receiving a structure fire call in the county, outside of their respective municipality, one
(1) water tender from each of the other departments will automatically be sent to provide
a constant water supply in the rural setting. The long-range effect of this agreement may
help lower the ISO (Insurance Service Office) rating in the rural areas of Brookings
County.
Legal Consideration:
The City Attorney has reviewed both agreements.
Strategic Plan Consideration:
These agreements ensure additional aid for emergency services throughout Brookings
County.
Financial Consideration:
There is no cost to the City upon entering into these agreements.
Options and Recommendation:
The City Council has the following options:
1. Approve as presented
2. Deny
3. Move the item to a work session
4. Do nothing
Staff recommends approval.
Supporting Documentation:
1. Resolution
2. Agreement – Mutual Aid Services
3. Agreement – County-wide Automatic Mutual Aid Services
4. Fire Department Coverage Map
Resolution 20-020
Resolution for signage of the Fire Department Mutual Aid Agreements
Whereas, the City of Brookings recognizes that emergencies may require assistance in
the form of personnel, equipment, and supplies from fire departments in Brookings
County to manage fires or other disasters; and
Whereas, the City of Brookings recognizes that in emergencies other fire departments
in Brookings County may also require assistance in the form of personnel, equipment,
and supplies from the City of Brookings, Fire Department to manage fires or other
disasters; and
Whereas, the City of Brookings recognizes the benefit of a Mutual Aid Agreement to
establish procedures and administration with other fire department entities.
Now, Therefore, Be It Resolved that the City Council of the City of Brookings, South
Dakota, that the City Manager be authorized to sign the Fire Department Mutual Aid
Agreements.
Passed and approved this 25th day of February, 2020.
CITY OF BROOKINGS
__________________________
Keith W. Corbertt, Mayor
ATTEST:
___________________________
Bonnie Foster, City Clerk
AGREEMENT FOR MUTUAL AID SERVICES
Agreement made January 1, 2020, among the below listed signatories to this agreement.
The parties to this Agreement, in consideration of the mutual covenants and stipulations set out
herein, agree as follows:
SECTION ONE
The purpose of this agreement is to secure to each, and one to the other of the parties, the benefits of
mutual aid emergency response coverage for the protection of life and property from hazardous
materials, natural and man-made phenomena, and fire fighting.
SECTION TWO
Upon request by one of the parties (the requesting organization), any other party (the responding
organization) shall dispatch firefighting equipment and personnel to any point within the area for
which the requesting organization normally provides fire protection.
SECTION THREE
1. Requesting Organization
a. Any request for aid from an authorized official shall include a statement of the amount
and type of equipment and number of personnel requested, and it shall specify the
location to which the equipment and personnel are to be dispatched.
2. Responding Organization
a. The amount and type of equipment and the number of personnel to be furnished shall
be determined by an authorized official of the responding organization.
b. The responding organizations shall report to the officer-in-charge of the requesting
organization at the locations to which the equipment is dispatched and as a unit shall be
subject to the orders of that official. However, the individual members of the unit of the
responding organization shall at times be subject to the control and direction of the
officer-in-charge of the responding organization, and in assisting the organization, shall
at all times be subject to the control and direction of the officer-in-charge of the
responding organization, and in assisting the requesting organization, shall at all times
and for all purposes be considered as performing their duties under the control and
under the direction of the responding organization.
c. A responding organization shall be released by the requesting organization when the
services of the responding organization are no longer required, or when the responding
organization is needed within the area for which it normally provides fire protection.
SECTION FOUR
Each party agrees to hold each other party harmless from any and all claims for liability including
attorney fees arising out of any services furnished under this agreement, and for bodily injury or
property damages arising out of services furnished under this agreement.
SECTION FIVE
No party shall be reimbursed by any other party for any costs incurred pursuant to this agreement.
SECTION SIX
This agreement shall expire on January 1, 2030.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year indicated.
__________________________ ________
Fire Chief - Arlington Date
________________________ ________
Fire Chief - Aurora Date
________________________ ________________________ ________
City Manager - City of Brookings Fire Chief - Brookings Date
________________________ ________
Fire Chief - Bruce Date
________________________ ________
Fire Chief - Elkton Date
________________________ ________
Fire Chief - Estelline Date
________________________ ________
Fire Chief - Hendricks Date
________________________ ________
Fire Chief - Sinai Date
________________________ ________
Fire Chief - Toronto Date
________________________ ________
Fire Chief - Volga Date
________________________ ________
Fire Chief - White Date
AGREEMENT FOR COUNTYWIDE AUTOMATIC MUTUAL AID SERVICES
Agreement made January 1, 2020, among the below listed signatories to this agreement.
The parties to this Agreement, in consideration of the mutual covenants and stipulations set out
herein, agree as follows:
SECTION ONE
The purpose of this agreement is to secure to each, and one to the other of the parties, the benefits of
countywide automatic mutual aid emergency response coverage for the protection of life and property
from hazardous materials, natural and man-made phenomena, and fire fighting.
SECTION TWO
Upon request by one of the parties (the requesting organization), any other party (the responding
organization) shall dispatch firefighting equipment and personnel to any point within the area for
which the requesting organization normally provides fire protection.
SECTION THREE
1. Requesting Organization
a. Countywide automatic mutual aid shall be indicated when any fire department within
Brookings County, but outside of that fire department’s municipal area, has any reported
structural fire. The 911 Dispatch Center shall automatically notify and dispatch all other
county fire departments.
2. Responding Organization
a. An authorized official from each of the responding organizations shall authorize the
response of one water tender and personnel to operate the equipment, provided the
responding agency has adequate equipment and personnel available.
b. The responding organizations shall report to the officer-in-charge of the requesting
organization at the locations to which the equipment is dispatched and as a unit shall be
subject to the orders of that official. However, the individual members of the unit of the
responding organization shall at times be subject to the control and direction of the
officer-in-charge of the responding organization, and in assisting the organization, shall
at all times be subject to the control and direction of the officer-in-charge of the
responding organization, and in assisting the requesting organization, shall at all times
and for all purposes be considered as performing their duties under the control and
under the direction of the responding organization.
c. A responding organization shall be released by the requesting organization when the
services of the responding organization are no longer required, or when the responding
organization is needed within the area for which it normally provides fire protection.
SECTION FOUR
Each party agrees to hold each other party harmless from any and all claims for liability including
attorney fees arising out of any services furnished under this agreement, and for bodily injury or
property damages arising out of services furnished under this agreement.
SECTION FIVE
No party shall be reimbursed by any other party for any costs incurre d pursuant to this agreement.
SECTION SIX
This agreement shall expire on January 1, 2030.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year indicated.
__________________________ ________
Fire Chief - Arlington Date
________________________ ________
Fire Chief - Aurora Date
________________________ ________________________ ________
City Manager - City of Brookings Fire Chief - Brookings Date
________________________ ________
Fire Chief - Bruce Date
________________________ ________
Fire Chief - Elkton Date
________________________ ________
Fire Chief - Estelline Date
________________________ ________
Fire Chief - Hendricks Date
________________________ ________
Fire Chief - Sinai Date
________________________ ________
Fire Chief - Toronto Date
________________________ ________
Fire Chief - Volga Date
________________________ ________
Fire Chief - White Date
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 20-017,Version:1
Action on Resolution 20-017, a Resolution Establishing Criteria for Building in the Public Right-of-
Way in the City of Brookings, South Dakota.
Summary:
The City Council adopted Resolution 68-04 on November 23, 2004, which established criteria for
building in the public right-of-way. The City Council also adopted an amendment to the City
Ordinance to allow construction in the public right of way.
The Criteria Item No. 6 in Resolution 68-04 states the following:
6. The encroachment into the public right-of-way will not be granted for more than 30% of the
width of the sidewalk measured from the property line to the back of curb of the adjacent
street. In no case shall the encroachment into public right-of-way exceed a distance of 36
inches.
The Development Review Team (DRT) discussed that maintaining four feet of width on the public
sidewalk would maintain the width required by the Americans with Disabilities Act and recommended
the City Council review Resolution 68-04 for a possible amendment. The criteria change would allow
flexibility in designs while maintaining compliance with the Americans with Disabilities Act.
Recommendation:
Staff recommends approval.
Attachments:
Memo
Resolution 68-04
Resolution 20-17 (marked)
Resolution 20-17 (clean)
City of Brookings Printed on 2/20/2020Page 1 of 1
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City Council Agenda Memo
From: Jackie Lanning, City Engineer
Council Meeting: February 25, 2020
Subject: Resolution Establishing Criteria to Build in the Public Right-
of-Way
Person(s) Responsible: Jackie Lanning, City Engineer
Summary:
This resolution will amend the criteria for building in the public right-of-way.
Background:
The City Council adopted Resolution 68-04 on November 23, 2004, which established
criteria for building in the public right-of-way (attached). The City Council also adopted
an amendment to the City Ordinance to allow construction in the public right of way.
The follow is an excerpt from Brookings City Ordinance Chapter 74 -32:
Sec. 74-32. - Building upon public right-of-way prohibited; exceptions.
(a) No person may erect or maintain any building in a location or position that the
building shall stand, in whole or in part, upon any public street, road, alley or
sidewalk in the city.
(b) No building may be constructed so that any part of the building shall project into or
over any street, road, alley or sidewalk, except jut windows, cornices and other
projections from a building above the first story may extend over an adjoining street,
road, alley or sidewalk a distance not exceeding 18 inches.
(c) No person, without written authorization from the city council as provided in this
section, may construct any improvement, including any step, deck, landing or other
entrance to any building extending over or upon the sidewalk, nor shall any person
erect in or upon any public street, alley or road any flight of stairs or steps leading to
any floor of any building.
(d) Any building or improvement erected or maintained in violation of this section shall
be deemed a public nuisance and may be abated.
(e) Any person seeking authorization to construct a step, deck, landing or other
entrance to any building located within the B -1 central business district which will
extend over or upon the sidewalk shall first file an application with the city engineer.
(f) The city engineer, upon receipt of an application for authorization which conforms
to the criteria, standards and specifications established by resolution of the city
council, shall issue a recommendation concerning a request to construct an
improvement to extend upon or over the sidewalk within the B -1 central business
district in the city; provided, however, that the erection of such constructed
improvement shall not occur unless approved by the city council, and if approved,
shall be in conformity with the criteria, standards and specifications approved by the
city council and on file in the office of the city engineer.
(g) The city council, upon receiving the city engineer's recommendation, may issue a
written authorization and easement to construct an improvement upon the public
sidewalk within the B-1 central business district upon such terms and conditions as
the city council determines appropriate in the circumstances.
(Code 1996, § 33-34; Ord. No. 24-04, § I, 11-23-2004)
Item Details:
The City Engineering Department received a request to construct in the City right-of-
way. Item No. 6 in Resolution 68-04 states the following:
6. The encroachment into the public right-of-way will not be granted for more
than 30% of the width of the sidewalk measured from the property line to the
back of curb of the adjacent street. In no case shall the encroachment into public
right-of-way exceed a distance of 36 inches.
The Development Review Team (DRT) discussed the City ordinance and resolution at
their February 6, 2020 meeting. The DRT discussed that the current criteria in
Resolution 68-04 limit the right-of-way encroachment to 36” or 30% of the width of the
sidewalk. A potential project would encroach greater than that dimension. The DRT
discussed that maintaining four feet of width on the public sidewalk would maintain the
width required by the American with Disabilities act and recommended that the City
Council review Resolution 68-04 for a possible amendment.
Legal Consideration:
City Attorney Steve Britzman reviewed the amendment for compliance with the
Americans with Disabilities Act.
Strategic Plan Consideration:
The agenda item allows flexibility for private property owners to meet the Americans
with Disabilities Act while also assuring that the public right-of-way also meets the
Americans with Disabilities Act.
Financial Consideration:
None.
Options and Recommendation:
The City Council has the following options:
1. Approve as presented
2. Deny
3. Amend
4. Move the item to a work session
5. Do nothing
Supporting Documentation:
1. Resolution 68-04
2. Resolution 20-017 marked
3. Resolution 20-017 clean
Resolution 20-017
A Resolution Establishing Certain Criteria for Building in the Public Right-of-Way
in the City of Brookings, South Dakota
Whereas, the City of Brookings adopted Ordinance 24-04, amending Chapter 74 of the
Code of Ordinances of the City of Brookings to permit, in certain circumstances, building
in the public right-of-way; and
Whereas, the City of Brookings has determined the need for criteria if building in the
public right-of-way is permitted and that these criteria should be revised as follows:
1. The applicant shall explore other alternatives that might remove the need
for the use of public property.
2. Applicant is required to have the property surveyed by a licensed land
surveyor to determine actual location of property lines.
3. Applicant shall apply for a permit and include an accurate site plan
showing exact location of the proposed structure and the severity of the
intended encroachment into the public right-of-way.
4. Applicant shall provide a proof of liability insurance policy with a hold
harmless clause for the life of the structure located in the public right-of-
way. This requirement shall also apply to succeeding owners, specifically
indemnifying the City of Brookings from any liability resulting from the
construction and location of the structure in the public right-of-way. Prior
to transfer of property which includes a structure in the public right-of-way,
the seller shall notify the buyer of the liability policy requirement.
5. The encroachment must not diminish sight lines at any sidewalk and street
intersection.
6. An encroachment into the public right-of-way may be allowed on a case by
case basis, provided the public sidewalk is otherwise maintained in
compliance with the Americans with Disabilities Act.
7. Said encroachment in the public right-of-way shall be removed if the
principal building is removed or destroyed.
8. Materials used to build the structure in the public right-of-way, as well as
its height, proportion, and scale, shall be architecturally compatible with
the principal building and adjacent buildings. The Brookings Historic
Preservation Commission shall promptly review of the architectural
compatibility of the proposed structure and provide official comment to the
City Council (City of Brookings Code of Ordinances Chapter 46, 10-97 (a)
(b)).
9. If the structure is not designed to be permanent in nature, it should be
durable enough to function properly in its intended service to the principal
building.
10. The structure in the public right-of-way shall be attached to principal
structure or have its own frost footing.
11. Upon removal of the structure from the public right-of-way, the applicant
shall reapply for a new permit before building a new structure in the public
right-of-way.
Now, Therefore, Be It Resolved that the criteria for building in the public right-of-way set
forth above are hereby approved, as amended. This resolution replaces Resolution No.
68-04 dated November 23, 2004, and amends the criteria for building in the public right-
of-way.
Passed and approved on this 25th day of February, 2020.
CITY OF BROOKINGS
_____________________________
Keith W. Corbett, Mayor
ATTEST:
__________________________________
Bonnie Foster, City Clerk
Resolution 20-017
A Resolution Establishing Certain Criteria for Building in the Public Right-of-Way
in the City of Brookings, South Dakota
Whereas, the City of Brookings adopted Ordinance 24-04, amending Chapter 74 of the
Code of Ordinances of the City of Brookings to permit, in certain circumstances, building
in the public right-of-way; and
Whereas, the City of Brookings has determined the need for criteria if building in the
public right-of-way is permitted and that these criteria should be revised as follows:
1. The applicant shall explore other alternatives that might remove the need
for the use of public property.
2. Applicant is required to have the property surveyed by a licensed land
surveyor to determine actual location of property lines.
3. Applicant shall apply for a permit and include an accurate site plan
showing exact location of the proposed structure and the severity of the
intended encroachment into the public right-of-way.
4. Applicant shall provide a proof of liability insurance policy with a hold
harmless clause for the life of the structure located in the public right-of-
way. This requirement shall also apply to succeeding owners, specifically
indemnifying the City of Brookings from any liability resulting from the
construction and location of the structure in the public right-of-way. Prior
to transfer of property which includes a structure in the public right-of-way,
the seller shall notify the buyer of the liability policy requirement.
5. The encroachment must not diminish sight lines at any sidewalk and street
intersection.
6. An encroachment into the public right-of-way may be allowed on a case by
case basis, provided the public sidewalk is otherwise maintained in
compliance with the Americans with Disabilities Act. will not be granted for
more than 30% of the width of the sidewalk measured from the property
line to the back of curb of the adjacent street. In no case shall the
encroachment into public right-of-way exceed a distance of 36 inches.
7. Said encroachment in the public right-of-way shall be removed if the
principal building is removed or destroyed.
8. Materials used to build the structure in the public right-of-way, as well as
its height, proportion, and scale, shall be architecturally compatible with
the principal building and adjacent buildings. The Brookings Historic
Preservation Commission shall promptly review of the architectural
compatibility of the proposed structure and provide official comment to the
City Council (City of Brookings Code of Ordinances Chapter 46, 10-97 (a)
(b)).
9. If the structure is not designed to be permanent in nature, it should be
durable enough to function properly in its intended service to the principal
building.
10. The structure in the public right-of-way shall be attached to principal
structure or have its own frost footing.
11. Upon removal of the structure from the public right-of-way, the applicant
shall reapply for a new permit before building a new structure in the public
right-of-way.
Now, Therefore, Be It Resolved that the criteria for building in the public right-of-way set
forth above is are hereby approved, as amended. This resolution replaces Resolution
No. 68-04 dated November 23, 2004, and amends the criteria for building in the public
right-of-way.
Passed and approved on this 25th day of February, 2020.
CITY OF BROOKINGS
______________________________
Keith W. Corbett, Mayor
ATTEST:
__________________________________
Bonnie Foster, City Clerk
''
RESOLUTION NO. 68-04
A Resolution Establishing Certain Criteria For Building In The Public Right-Of-Way
In The City Of Brookings, South Dakota
WHEREAS, the City of Brookings has adopted Ordinance 24-04, amending Chapter 7 4
of the Code of Ordinances of the City of Brookings to permit, in certain circumstances, building in
the public right-of-way; and
WHEREAS, the City of Brookings has determined the need for criteria if building in the
public right-of-way is permitted; and
WHEREAS, the criteria for building in the public right-of-way shall be the following:
1. The applicant shall explore other alternatives that might remove the need for the
use of public property.
2. Applicant is required to have the property surveyed by a licensed land surveyor
to determine actual location of property lines.
3. Applicant shall apply for a permit and include an accurate site plan showing exact
location of the proposed structure and the severity of the intended encroachment
into the public right-of-way.
4. Applicant shall provide a proof of liability insurance policy with a hold harmless
clause for the life of the structure located in the public right-of-way. This
requirement shall also apply to succeeding owners, specifically indemnifying the
City of Brookings from any liability resulting from the construction and location of
the structure in the public right-of-way. Prior to transfer of property which includes
a structure in the public right-of-way, the seller shall notify the buyer of the
liability policy requirement.
5. The encroachment must not diminish sight lines at any sidewalk and street
intersection.
6. The encroachment into the public right-of-way will not be granted for more than
30% of the width of the sidewalk measured from the property line to the back of
curb of the adjacent street. In no case shall the encroachment into public right-of-
way exceed a distance of 36 inches.
7. Said encroachment in the public right-of-way shall be removed if the principal
building is removed or destroyed.
•
•
8. Materials used to build the structure in the public right-of-way, as well as its
height, proportion, and scale, shall be architecturally compatible with the principal
building and adjacent buildings. The Brookings Historic Preservation
Commission shall promptly review of the architectural compatibility of the
proposed structure and provide official comment to the City Council (City of
Brookings Code of Ordinances Chapter 46, 1 0-97 (a) (b)).
9. If the structure is not designed to be permanent in nature, it should be durable
enough to function properly in its intended service to the principal building.
1 0. The structure in the public right-of-way shall be attached to principal structure or
have its own frost footing.
11. Upon removal of the structure from the public right-of-way, the applicant shall
reapply for a new permit before building a new structure in the public right-of-
way.
NOW, THEREFORE, BE IT RESOLVED that the criteria for building in the public right-of-way set
forth above is hereby approved.
Passed and approved on this 23rd day of November 2004.