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Brookings City Council Tuesday, July 24, 2012

5:00 p.m. Work Session 6:00 p.m. Regular Meeting

Brookings City & County Government Center Chambers - Room 310

520 Third Street

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. 5:00 p.m. WORK SESSION Work sessions are open to the public. During the work session the city staff would brief the council on items for that particular meeting, introduce future topics, and provide a time for Council members to introduce topics. 1. Second Penny Sales Tax Cash Flow Discussion. 2. City Council Member Ex-Officio Reports. 3. Joint Powers Board members’ Report. 4. City Council member introduction of topics for future discussion. * 5. Review of Council Agenda, Invites and Obligations. *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. 6:00 p.m. REGULAR MEETING 1. Call to order. 2. Pledge of Allegiance. 3. Record of Council Attendance. 4. Action to approve the following Consent Agenda Items:*

a. Action to approve the agenda. b. Action to approve minutes. c. Action on Resolution No. 94-12, a Federal Aid Surface Transportation Program Resolution for County and Urban Projects. d. Action to approve a Memorandum of Understanding by and between the City of

Brookings and Joe J. and Janet K. Mendel for the development of Dakota Nature Park Watermain Project.

5. Items removed from Consent Agenda. 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.

City of Brookings July 24, 2012

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Open Forum/Presentations/Reports 6. Open Forum. 7. SDSU Student Senate Report. First Readings** 8. First Reading on Ordinance No. 20-12: An Ordinance rezoning Blocks 1 and 2, Brown

and Kron Addition including Richard’s Subdivision; Robson’s Addition; Blocks 1 and 3, Sioux Heights Addition; Blocks 1, 5, and 15, East Acres Second Addition; Blocks 1, 2, and 3, Legeros Second Addition; Blocks 1 and 2, Legeros and Amidon Addition; Blocks 2 and 3, Gilley Addition, and Mills Addition from a Residence R-2 District to a Residence R-1C District. (Location: 3rd Street to the Railroad Tracks and from the corner of 1st Street & 13th Avenue to 17th Avenue.)

Public Hearing – August 14, 2012

9. First Reading on Ordinance No. 21-12: An Ordinance revising the Zoning Ordinance pertaining to the definition of automobile sales.


10. First Reading on Ordinance No. 22-12: An Ordinance revising Ordinance Section 82-305 and Pertaining to Speed Zones in the City of Brookings, South Dakota.

Public Hearing – August 14, 2012 **No vote is taken on the first reading of an Ordinance. The title of the Ordinance is read and the date for the public hearing is announced. Second Readings & Public Hearings 11. Public hearing and Action on Resolution No. 97-12, a Resolution Determining the

Necessity of Repairing or Installing Sidewalks in the City of Brookings at the Expense of Abutting Property Owners, 2012-01SWR Sidewalk Repair Project.

Action: Motion to Approve, Request Public Comment, Roll Call Other Business 12. Action on Resolution No. 98-12, a Resolution Declaring Intent to Reimburse

Expenditures with Proceeds of Bond Issue for Airport Improvements. Action: Motion to Approve, Request Public Comment, Roll Call

13. Adjourn.

Brookings City Council Tim Reed, Mayor, Keith Corbett, Deputy Mayor & Council Member

Council Members Tom Bezdichek, Jael Thorpe, John Kubal, Mike McClemans, Ope Niemeyer

Council Staff Jeffrey W. Weldon, City Manager Steven Britzman, City Attorney Shari Thornes, City Clerk

View the City Council Meeting Live on the City Government Access Channel 9. Rebroadcast Schedule: Wednesday 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 If you require assistance, alternative formats, and/or accessible locations consistent with the Americans with Disabilities Act, please contact Shari Thornes, City ADA Coordinator, at 692-6281 at least three working days prior to the meeting.

http://www.cityofbrookings.org/


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5:00 p.m. WORK SESSION Work sessions are open to the public. During the work session the city staff would brief the council on items for that particular meeting, introduce future topics, and provide a time for Council members to introduce topics.

1. Second Penny Sales Tax Cash Flow Discussion

TO: Mayor and City Council Members FROM: City Manager Jeff Weldon RE: 2013-2017 Second Penny Sales & Use Tax 5-Year Cash flow Projections This document remains a “work in progress” as staff has gone through the departments which have significant capital budgets, but we are still developing the 2013 budget which includes departments with smaller capital budgets. This process is drawing to near completion as the August 1st deadline to have the budget to Council is only two weeks away. Before we go any further, staff wanted to preview the Capital Improvement Plan in relationship to the second penny revenue stream with the Council. No specific action is needed on the Capital Improvement Plan as it remains in draft form, but Council feedback on the prioritization of expenditures is requested as we discuss the revenue stream projections.

2012 Budget Estimated Actual Description 2013 Requested 2014 Proposed 2015 Proposed 2016 Proposed 2017 Proposed(210,975.70)$ 2,683,520.55$ Cash on Hand 1,597,433$ (361,354)$ (2,002,938)$ (3,531,671)$ (3,916,541)$

3,954,041.00$ 3,972,073.75$ Revenue Total 4,074,286$ 4,179,207$ 4,286,909$ 4,397,464$ 4,510,950$

2,211,957.00$ 2,054,892.50$ Debt Service Costs Total 1,780,493$ 1,661,743$ 1,660,143$ 1,660,143$ 1,661,843$

450,000.00$ 450,000.00$ Subsidy Expenditure Total 125,000$ 100,000$ 75,000$ 50,000$ 25,000$ Capital Expenditure DetailBob Shelden Plaza Overlay 15,000$ HVAC System Activity Center 25,000$ Bob Shelden Restrooms/Lot 200,000$ Larson Ice Arena-W Parking Lot 20,000$ 120,000$ 12,000$ 11th St frm 16th Ave to 22nd Ave 1,000,000$ Baseball Field Lighting Upgrade 190,000$ Bike Trail Repair 100,000$ Bob Shelden Parking Lot 190,000$ Fishback Soccer Complex/Approach 7,000$ Fishback Soccer Complex/Parking Lot 25,000$ Hillcrest Quick Start Tennis Crts 80,000$ 7th Ave S 450,000$

2,000,000.00$ -$ W 20th St S,Cumberland to Main 1,000,000$ 1,000,000$ 15th St S/7th Ave S 550,000$ Sexauer Additional Lighting 15,000$ Irrigate W Medary Fields 50,000$ Pioneer Restroom Replace 80,000$ LIA-NAHL Locker Rm 100,000$ Replace Elec Sys Arts Council 30,000$ Sexauer Restroom Replacements 80,000$ Youth Baseball Fields 250,000$ Main Ave S Sewer Line 500,000$ Main Ave 20th St S to 32nd St S 1,500,000$ Youth Baseball Fields 65,000$ LIA-Dehumidifer Sys Blue Rink 120,000$ Larson Ice Arena-N Parking Lot 256,477$ E 20th St S & 22nd Ave to future 1,500,000$ Railroad Crossing Arms -$ 20,000$ 20,000$ 20,000$ 20,000$ Street Improvements-Digouts/Overlays 575,000$ 570,000$ 830,000$ 560,000$ 550,000$

2,000,000.00$ -$ Capital Expenditures Total 1,820,000$ 2,752,000$ 2,557,000$ 3,040,000$ 2,511,477$ Transfer for Capital Expenditures

650,000.00$ 650,000.00$ Transfer out General Fund 2013-17 see above101,500.00$ 101,500.00$ Transfer out to Edgebrook Golf CIP 92,000$ 57,000$ 93,000$ 158,000$ 25,000$ 338,500.00$ 338,500.00$ Transfer out-Swiftel Projects & Equip 235,000$ 962,500$ 942,000$ 812,500$ 587,500$ 587,274.00$ -$ Transfer out-Nature Park Project 810,216$ 218,614$ -$ -$ -$ 89,950.00$ 89,950.00$ Transfer Out to Airport Runway Project 297,665$ 386,138$ 151,350$ 5,555$ 85,000$

132,125.00$ -$ Transfer Out to Gateway Project 450,000$ 200,000$ -$ 800,000.00$ 800,000.00$ Transfer out SA 25th Ave Project

2,699,349.00$ 1,979,950.00$ Transfers for CIP Total 1,434,881$ 1,624,252$ 1,636,350$ 1,176,055$ 697,500$

3,954,041.00$ 3,972,073.75$ Revenue Grand Total 4,074,286$ 4,179,207$ 4,286,909$ 4,397,464$ 4,510,950$ 7,361,306.00$ 4,484,842.50$ Expense Grand Total 5,160,374$ 6,137,995$ 5,928,493$ 5,926,198$ 4,895,820$

75% of Second Penny Sales & Use Tax Cash Projections


$794,346 2011 Ending cash 2012 Budget Estimated Actual Description 2013 Requested 2014 Proposed 2015 Proposed 2016 Proposed 2017 Proposed

(205,437)$ Cash on Hand 114,781$ 358,418$ 73,908$ 102,325$ 492,706$

1,252,500$ 1,264,712$ Revenue Total 1,296,015$ 1,331,700$ 1,366,791$ 1,402,813$ 1,440,277$ Capital Expenditure DetailFD-Structure/USAR Rescue Gear 10,000$ 25,000$ 10,000$ 25,000$ 10,000$ FD-4 Fire Trucks-Lease Pay-2015 158,145$ 158,145$ 158,145$ -$ FD-New Fire Station 150,000$ 550,000$ FD-Garage Doors 6,400$ FD-Safety House 78,000$ FD-Training Equipment 16,800$ FD-Breathing Apparatus 320,000$ FD-Computer 900$ FD-Breathing Air Compressor 180,000$ FD-6F1 Command- 2009 45,000$ FD-Remodel South Station 45,000$ FD-6F2 Command- 2011 50,000$ FD-Truck Replace- Truck 2-1992 775,000$ FD-Assistant Chief/Laptop 2,400$ FD-Chief/Laptop 2,400$ FD-Laptops for Trucks-4 9,600$ FD-Truck Replace-Engine 1-2001 500,000$ PD-Pictometry Software 2,356$ 2,356$ 2,356$ 2,296$ 2,296$ PD- Vehicle Equipment (Radio, etc) 6,200$ 18,400$ 15,100$ 11,000$ 2,800$ PD-58 Gas Mask 4,000$ 5,000$ -$ 5,000$ 3,000$ PD-Ballast Replacement 10,000$ 10,000$ PD-Portable Radio n mic per yr 1,100$ 1,100$ 1,100$ 1,100$ 1,100$ PD-SWAT-Vest & Patrol 50-50 grant 4,300$ 12,800$ -$ 4,000$ 2,400$ PD/SWAT-Firearms-Sniper Rifle 1,960$ PD/SWAT-Radio, Head gear-mic 2,000$ PD- 3 Detectives 2,700$ PD-Ass't Chief Laptop 1,500$ PD-Chief/Laptop 1,500$ PD-Domain Controller 4,000$ PD-Exchange Server 4,000$ PD-Fire Range-Post & Concrete 3,500$ PD-One Durango 2005-unmarked 34,000$ PD-One F150 Pickup 2009-marked 30,000$ PD-Radar (3) 80/20 grant 6,936$ PD-SWAT-Firearms-Rifle 3,000$ PD-Lt Office Computer 900$ PD-Officers Computer 900$ PD-One Crown Vic 2006-unmarked 30,000$ PD-Sargent Computer 900$ PD-Two Patrol-2011-marked 60,000$


$794,346 2011 Ending cash 2012 Budget Estimated Actual Description 2013 Requested 2014 Proposed 2015 Proposed 2016 Proposed 2017 Proposed

PD-Two Patrol-2012-marked 60,000$ PD-2 Patrol Computers 1,800$ PD-Air Conditioning Unit 80,000$ PD-Office Computer 900$ PD-Office Computer 900$ Pd-One Durango-2011 marked 35,000$ PD-One Expedition 2000-unmarked 38,000$ PD-Animal Control Pickup 2011 31,400$ PD-One F150 Pickup 2013-marked 30,000$ PD-Lt Office Computer 900$ PD-Two Patrol-2013-marked 60,000$ PD-Animal Control 900$

235,500$ 235,500$ Street-Chip Sealing/7yr Rotation 250,000$ 265,000$ 288,000$ 295,000$ 305,000$ Street-Motor Grader Leases 53,086$

1,780,631$ 1,780,631$ Transfer out General Fund-See above64,017$ 64,017$ Transfer out-Edgebrook lease/mowers 38,213$ 38,213$

184,347$ 184,347$ Brkgs City 911-2/3 call demand 95,101$ 135,449$ 140,000$ 143,700$ 148,000$ 2,264,495$ 2,264,495$ Capital Expenses Total 975,797$ 1,088,063$ 1,651,301$ 1,374,396$ 1,049,896$

1,252,500$ 1,264,712$ Revenue Grand Total 1,296,015$ 1,331,700$ 1,366,791$ 1,402,813$ 1,440,277$ Expense SummaryFD Expense Grand Total 419,345$ 504,045$ 988,145$ 850,000$ 524,400$ PD Expense Grand Total 120,052$ 145,356$ 235,156$ 85,696$ 72,496$

184,347$ 184,347$ E 911 Expense Grand Total 95,101$ 135,449$ 140,000$ 143,700$ 148,000$ Street Expense Grand Total 303,086$ 265,000$ 288,000$ 295,000$ 305,000$ Edgebrook Expense Grand Total 38,213$ 38,213$

2,264,495$ 2,264,495$ Expense Grand Total 975,797$ 1,088,063$ 1,651,301$ 1,374,396$ 1,049,896$


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5:00 p.m. WORK SESSION Work sessions are open to the public. During the work session the city staff would brief the council on items for that particular meeting, introduce future topics, and provide a time for Council members to introduce topics. 2. City Council Member Ex-Officio Reports.

Pursuant to council direction, “City Council Member Ex-Officio Reports” will be a standing agenda item at all Council Work Sessions. The Council Members that serve as Ex-Officio members on the Brookings Health System Board of Trustees and Utility Board will provide verbal reports regarding recent meetings they have attended.

Brookings Municipal Utility Board:

1. Council Member Niemeyer 2. Council Member McClemans

Brookings Health Systems Board: 1. Council Member Kubal 2. Council Member Corbett


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5:00 p.m. WORK SESSION Work sessions are open to the public. During the work session the city staff would brief the council on items for that particular meeting, introduce future topics, and provide a time for Council members to introduce topics. 3. Joint Powers Board members’ Report.

Pursuant to council direction, “Joint Powers Board City Member Updates” will be a standing agenda item at all Council Work Sessions. The Council Members serving on the Joint Powers Board will provide verbal updates regarding recent meetings they have attended. Mayor Tim Reed & Council Member Kubal


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5:00 p.m. WORK SESSION Work sessions are open to the public. During the work session the city staff would brief the council on items for that particular meeting, introduce future topics, and provide a time for Council members to introduce topics. 4. 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 frame. A majority vote is required.


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5:00 p.m. WORK SESSION Work sessions are open to the public. During the work session the city staff would brief the council on items for that particular meeting, introduce future topics, and provide a time for Council members to introduce topics. 5. Review of Council Agenda, Invites and Obligations.

Date

Day Event & Brief Description

Time Location / Town / Address / Directions

July 26 Thursday

McCrory Gardens Visitor Center Dedication Ceremony & Reception

4:30 p.m. private reception 5:30 p.m. Dedication Ceremony 6:30 p.m. Annual Garden Party

McCrory Gardens

July 26 Thursday 1st District Annual Picnic 6:00 p.m.

Codington County Memorial Park

August 3 Friday Senior Companions Recognition Event 10:30 a.m. The Drake

Watertown, SD

August 14 Tuesday Council Meeting 4:00 p.m. (potential start time) Chambers

August 16 Thursday Deer Creek Station Dedication Ceremony 10:30 a.m. – 11:30 a.m. Deer Creek

Station Site

August 21 Tuesday Special Budget Council Meeting 5:00 p.m. Chambers

August 28 Tuesday Council Meeting 4:00 p.m. (potential start time) Chambers

September 11 Tuesday Council Meeting 5:00 p.m. Chambers

September 13 Thursday Mayor’s Volunteer Appreciation Reception

5:00 – 7:00 p.m. Performing Arts Center

September 18 Tuesday Council Study Session 5:00 p.m. Community Room

September 20-22 Thursday-Saturday

NLC Leadership Summit Charlotte, NC

September 25 Tuesday Council Meeting 5:00 p.m. Chambers

October 3-5 Wednesday-Friday

SDML Annual Conference Pierre, Ramkota

October 9 Tuesday Council Meeting 5:00 p.m. Chambers

October 23 Tuesday Council Meeting 5:00 p.m. Chambers

October 27 Saturday Hobo Day

November 13 Tuesday Council Meeting 5:00 p.m. Chambers November 27 – December 1

Tuesday-Saturday

NLC – Congress of Cities Boston, MA

December 4 Tuesday Council Meeting 5:00 p.m. Chambers

December 6 Thursday Mayor’s Holiday Party 5:00 – 7:00 p.m. McCrory Gardens Visitor Center

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6:00 p.m. REGULAR MEETING 1. Call to order. 2. Pledge of Allegiance. 3. Record of Council Attendance. 4. Action to approve the following Consent Agenda Items:

a. Action to approve the agenda. b. Action to approve minutes. c. Action on Resolution No. 94-12, a Federal Aid Surface Transportation Program Resolution for County and Urban Projects. d. Action to approve a Memorandum of Understanding by and between the City of Brookings

and Joe J. and Janet K. Mendel for the development of Dakota Nature Park Watermain Project.

5. Items removed from Consent Agenda. Open Forum/Presentations/Reports 6. Open Forum. 7. SDSU Student Senate Report. First Readings 8. First Reading on Ordinance No. 20-12: An Ordinance rezoning Blocks 1 and 2, Brown and

Kron Addition including Richard’s Subdivision; Robson’s Addition; Blocks 1 and 3, Sioux Heights Addition; Blocks 1, 5, and 15, East Acres Second Addition; Blocks 1, 2, and 3, Legeros Second Addition; Blocks 1 and 2, Legeros and Amidon Addition; Blocks 2 and 3, Gilley Addition, and Mills Addition from a Residence R-2 District to a Residence R-1C District. (Location: 3rd Street to the Railroad Tracks and from the corner of 1st Street & 13th Avenue to 17th Avenue.) Public Hearing – August 14, 2012

9. First Reading on Ordinance No. 21-12: An Ordinance revising the Zoning Ordinance pertaining to the definition of automobile sales. Public Hearing – August 14, 2012

10. First Reading on Ordinance No. 22-12: An Ordinance revising Ordinance Section 82-305 and Pertaining to Speed Zones in the City of Brookings, South Dakota. Public Hearing – August 14, 2012

Second Readings & Public Hearings 11. Public hearing and Action on Resolution No. 97-12, a Resolution Determining the Necessity of

Repairing or Installing Sidewalks in the City of Brookings at the Expense of Abutting Property Owners, 2012-01SWR Sidewalk Repair Project.

Action: Motion to Approve, Request Public Comment, Roll Call Other Business 12. Action on Resolution No. 98-12, a Resolution Declaring Intent to Reimburse Expenditures with

Proceeds of Bond Issue for Airport Improvements. Action: Motion to Approve, Request Public Comment, Roll Call

13. Adjourn


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CONSENT AGENDA #4

4. Action to approve the following Consent Agenda Items: *

A. Action to approve the agenda.

B. Action to approve minutes.

C. Action on Resolution No. 94-12, a Federal Aid Surface

Transportation Program Resolution for County and Urban Projects.

D. Action to approve a Memorandum of Understanding by and

between the City of Brookings and Joe J. and Janet K. Mendel for the development of Dakota Nature Park Watermain Project.

*Matters appearing on the Consent Agenda are expected to be non-controversial and will be acted upon by the Council at one time, without discussion, unless a member of the Council or City Manager requests an opportunity to address any given item. Items removed from the Consent Agenda will be discussed at the beginning of the formal items. Approval by the Council of the Consent Agenda items means that the recommendation of the City Manager is approved along with the terms and conditions described in the agenda supporting documentation. ACTION: Motion to Approve, Request Public Comment, Roll Call


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CONSENT AGENDA #4 B. Action to approve minutes.

The draft July 10th Brookings City Council minutes are enclosed for Council review and approval.


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Brookings City Council July 10, 2012 (unapproved)

The Brookings City Council held a meeting on Tuesday, July 10, 2012 at 5:00 p.m., at City Hall with the following members present: Mayor Tim Reed, Council Members Jael Thorpe (arrived 5:21 p.m.), John Kubal, Mike McClemans, Tom Bezdichek, Ope Niemeyer and Keith Corbett. City Attorney Steve Britzman, City Manager Jeff Weldon, and City Clerk Shari Thornes were also present. Preliminary Capital Improvement Plan. Weldon reviewed the preliminary 5-Year Capital Improvement Plan. Council Member Bezdichek asked the city attorney to revisit the prohibition of city sponsored RV hookups and campgrounds. 6:00 P.M. MEETING. Consent Agenda. A motion was made by Corbett, seconded by Kubal, to approve the consent agenda. a. Action to approve the agenda. b. Action to approve June 12th and June 26th Council meeting minutes. c. Action to approve Planning Commission appointment: Dr. Kristi Tornquist (filling

unexpired term: 7/1/2012 – 12/31/2013). d. Action to approve the following change orders for the Brookings City & County

Government Center: COR #48 Krier & Blain, Inc. ($250) Credit for reduction in water meter size from 3” to 1.5”; COR #58 Clark Drew Construction $281, staff change to drawer in cabinetry in IT department; COR #60 Mills Construction $646, field change to drainage basins to improve drainage; EFO #13 American Electric Const. $944, provide #12 CU wiring and conduit to the cooling tower; RFP #32 American Electric Const. $589, install security door strike and card access located in service room; inadvertently omitted by staff in original door count; RFP #33 American Electric Const. $692, provide two (2) additional exterior building sconce light fixtures on east side of the building. They were in the architectural drawings but not the plans and specs so they were not ordered nor paid for in original accepted contract.

On the motion, all present voted yes; motion carried. Resolution No. 89-12. A motion was made by Kubal, seconded by McClemans, to approve Resolution No. 89-12, a Resolution awarding bids on a recycling contract. All present voted yes; motion carried.

Resolution No. 89-12 - Resolution Awarding Bids for Recycling Contract

Whereas, the City of Brookings opened bids for the processing and marketing of recyclable material on Tuesday, June 26, 2012 at 1:30 p.m. at Brookings Government Center; and Whereas the City of Brookings received the following monthly bid for the recycling material from Cooks Wastepaper and Recycling, Inc for $ 2,850.00 for a term of five (5) years.


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Now Therefore, Be it Resolved that the bid from Cooks Wastepaper and Recycling, Inc. in the amount of $2,850.00 per month for five (5) years be accepted. Resolution No. 90-12. A motion was made by Kubal, seconded by Corbett, to approve Resolution No. 90-12, a Resolution awarding a contract for carpet in the Brookings Law Enforcement Center. Public Comment: A bidder cited Council Member Niemeyer with a conflict of interest. Britzman disagreed, stating Niemeyer would not have a conflict. The bidder also felt the specifications weren’t clear. All present voted yes; motion carried. Resolution No. 90-12 - Resolution Awarding Bids for the 2012-13BLD Police Dept. Carpeting

Whereas, the City of Brookings has commenced renovation to the current City Hall and Police Department to expand its operations for the Brookings Police Department and the E-911 Center; and Whereas, the City of Brookings has approved the renovation and upgrade of carpeting for the building; and Whereas, the Brookings Police Department has requested the purchase of carpeting and installation for the Brookings Police Department building; and Whereas, the City of Brookings opened bids for the 2012-13BLD Police Department Carpeting on July 10, 2012 at Brookings City Hall; and Whereas the City of Brookings received the following bids for the 2012-13BLD Police Department Carpeting and Installation: MCI, Inc. of Brandon, SD for $16,091.01; Midstates Flooring of Brookings, SD for $15,999.00; and Barretts Flooring of Brookings, SD for $13,404.32. Now, Therefore, Be It Resolved that the bid of Barretts Flooring, Brookings, SD for a base bid of $13,404.32 be accepted. Resolution No. 91-12. A motion was made by McClemans, seconded by Niemeyer, to approve Resolution No. 91-12, a Resolution awarding a contract on Project 2012-02STA, 32nd Avenue North Street Project – Rebid. All present voted yes; motion carried.

Resolution No. 91-12 - Resolution Awarding Bids on Project 2012-02STA,

32nd Avenue North Street Project - Rebid Whereas, the City of Brookings opened bids for Project 2012-02STA 32nd Avenue North Street Project - Rebid on Tuesday, July 2, 2012 at 1:30 pm at Brookings City & County Government Center; and Whereas, the City of Brookings has received the following bids for Project 2012-02STA 32nd Avenue North Street Project - Rebid: T&R Contracting, Sioux Falls: Base Bid - $432,291.44, Alternate #1 - No Bid and Alternate No. 2 - $438,658.64; Prunty Construction, Brookings: Base Bid - $411,427.62, Alternate #1 - No Bid and Alternate No. 2 - $465,116.32; Bowes


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Construction Co., Inc., Brookings: Base Bid - $462,389.80, Alternate #1 - $438,864.00 and Alternate #2 - No Bid; Stanley Johnson Concrete, Rapid City: Base Bid - $455,602.30, Alternate #1 - No Bid and Alternate #2 - $471,286.50; Buskerud Construction, Dell Rapids: Base Bid - $505,080.60, Alternate #1 - No Bid and Alternate #2 - $494,848.00 and Carstenson Contracting, Inc., Pipestone, MN : Base Bid - $568,408.80, Alternate #1 - No Bid and Alternate #2 - $490,545.00. Now Therefore, Be It Resolved that the low bid of T & R Contracting of Sioux Falls for the Base Bid of $432,291.44 and Alternate #2 (PCC Pavement Surfacing) of $438,658.64 for the total of $870,950.08 for 2012-02STA 32nd Avenue Street Project be accepted. Resolution No. 92-12. A motion was made by Thorpe, seconded by Corbett, to approve Resolution No. 92-12, a Resolution authorizing Change Order No. 1 for Dakota Nature Park, Phase 1 Construction – Fisheries Improvements; Rounds Construction Company Inc. All present voted yes; motion carried.

Resolution No. 92-12 - A Resolution Authorizing Change Order No. 1 for Brookings Nature Park – Fisheries Improvements Rounds Construction Company Inc.

Be It Resolved by the City Council that the following change order be allowed for Brookings Nature Park – Fisheries Improvement: Construction Change Order Number 1. Adjust bid quantity for a total increase of $3,000 to clear additional trees. Ordinance No. 17-12. A public hearing was held on Ordinance No. 17-12, an Ordinance rezoning the North 720 feet of the South 1,320 feet of the West 633 feet, excluding the West 313 feet thereof, in the SW ¼ of the NE ¼ of Section 1-T109N-R50W from an Agriculture A District to a Residence R-1B District (Location is east of 17th Avenue South near 24th Street South). No public comment. A motion was made by McClemans, seconded by Niemeyer, to approve Ordinance No. 17-12. All present voted yes; motion carried. Ordinance No. 18-12. A public hearing was held on Ordinance No. 18-12, an Ordinance amending the Zoning Ordinance of the City of Brookings and pertaining to a microbrewery as a permitted special use in certain business and industrial districts for the purposes of Administration of the Zoning Ordinance. No public comment. A motion was made by Corbett, seconded by McClemans, to approve Ordinance No. 18-12. All present voted yes; motion carried. Ordinance No. 19-12. A public hearing was held on Ordinance No. 19-12, an Ordinance amending the Initial Development Plan for the Planned Development District on Lot G, Beale Addition (Located at the corner of 6th Street and 13th Avenue). No public comment. A motion was made by Kubal, seconded by Corbett, to approve Ordinance No. 19-12. All present voted yes; motion carried. Resolution No. 93-12. A public hearing was held on proposed Resolution No. 93-12, a Resolution regarding a Sanitary Sewer Funding Application (11th Street). No public comment. A motion was made by Corbett, seconded by Niemeyer, to approve Resolution No. 93-12. All present voted yes; motion carried.


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Resolution No. 93-12 - Sanitary Sewer Funding Application (11th Street)

Resolution Approving an Application for Financial Assistance, Authorizing the Execution and Submittal of the Application and Designating an Authorized Representative to Certify and Sign

Payment Requests Whereas, the City of Brookings (the “City”) has determined it is necessary to proceed with improvements to its Sanitary Sewer System, including but not limited to the 11th Street Sanitary Sewer Project (“Project”); and Whereas, the City has determined that financial assistance will be necessary to undertake the Project and an application for financial assistance to the South Dakota Board of Water and Natural Resources (the “Board”) has been prepared; and Whereas, the City has reviewed the Application to be submitted to the Board, true copies of which are attached hereto, and finds it proper in all respects; and Whereas, it is necessary to designate an authorized representative to execute and submit the Application on behalf of the City and to certify and sign payment requests in the event financial assistance is awarded for the Project, Now, Therefore Be It Resolved by the City as follows: 1. The City hereby approves an Application for financial assistance to the South Dakota Board of Water and Natural Resources for the Project as set forth with particularity in the Application attached hereto, which Application is hereby approved. 2. The City Manager is hereby authorized to execute the Application and submit it to the South Dakota Board of Water and Natural Resources, and to execute and deliver such other documents and perform all acts necessary to effectuate the Application for financial assistance submitted to the Board in accordance with all terms herein set forth. 3. The City Manager is hereby designated as the authorized representative of the City to do all things on its behalf to certify and sign payment requests in the event financial assistance is awarded for the Project. Adjourn. A motion was made by Corbett, seconded by Kubal, to adjourn. All present voted yes; motion carried. Meeting adjourned at 7:08 p.m.

CITY OF BROOKINGS ATTEST: Tim Reed, Mayor Shari Thornes, City Clerk


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CONSENT AGENDA #4 C. Action on Resolution No. 94-12, a Federal Aid Surface

Transportation Program Resolution for County and Urban Projects. The City of Brookings adopted Resolution No. 94-12 on April 24, 2012, which outlined several projects for the upcoming SDDOT Statewide Transportation Improvement Plan (STIP). The SDDOT allocates funding for urban systems projects using 81.95% federal funds and 18.05% state funds. One street on the list, Main Avenue South between 1st Street South and 4th Street South, was scheduled for an asphalt overlay on the STIP list for 2015. However, the condition of the asphalt pavement has deteriorated faster than anticipated, so this street is being scheduled for the city overlay project in 2013 and will be removed from the STP Urban System Priority List. City staff will review the street conditions to determine if a different street will be added to the STP list when the resolution is updated in the spring. This resolution will remove Main Avenue South asphalt overlay from 1st Street South to 4th Street South from the SDDOT STP Urban System Priority List.


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Resolution No. 94-12 Federal Aid Surface Transportation Program Resolution for

County and Urban Projects Whereas, the City of Brookings has desires the construction and improvement of the road and/or bridge as hereinafter described including revised costs due to additional scope for curb ramps and local material pricing: Year Project Location Type of Work Length Cost

2013 12th St. S. from Main Av. S. Milling & Asphalt Overlay .02 $1,000,000

To 22nd Ave. S. & Pavement Markings 2013 Intersection of 12th St.S. New Traffic Signal & .02 $180,000

And 17th Ave. S. Pavement Markings

2013 Intersection of Main Av. S New Traffic Signal & .02 $180,000 And 20th St. S. Pavement Markings

2013 Medary Ave. from Milling & Asphalt Overlay 0.8 $400,000 N. Campus Dr to NCL & Pavement Markings

2014 Sunrise Ridge Rd. from 6th Milling & Asphalt Overlay .63 $350,000

St. to Eastbrook Dr. & Pavement Markings

2014 17th Ave. S. from 6th St. Milling & Asphalt Overlay 1.0 $375,000 To 8th St. S. & Pavement Markings

2014 Eastbrook Dr. from Milling & Asphalt Overlay .33 $230,000

Sunrise RidgeRd. To & Pavement Markings 22nd Ave. S.

2015 Main Ave. S. from 1st St. S. Milling & Asphalt Overlay .34 $200,000

To 4th St. S & Pavement Markings 2017 Main Ave. S. 8th St. S. Milling & Asphalt Overlay 1.0 $650,000

To 20th St. S & Pavement Markings Whereas, the City of Brookings is obligated and hereby agrees to provide proper maintenance as required by the Federal Highway Act as amended and supplemented thereto for the project after construction is completed and to regulate or cause to be regulated the installation of utility facilities within the limits of the right of way of the proposed project in accordance with State and Federal requirements.


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Whereas, the City of Brookings is obligated and hereby agrees to reimburse the State for all costs not reimbursable with Surface Transportation Program (STP) Funds and associated State matching funds. Whereas, the City of Brookings will utilize STP funds for 100% of the project. Now, Therefore, Be It Resolved that the South Dakota Department of Transportation be and hereby is authorized and requested to program for construction, in accordance with the “Secondary Road Plan” and the State’s “Standard Specifications for Roads and Bridges,” the project described. Vote of the City Council: Yes ______ No______ Dated at Brookings, SD, this 24th day of July, 2012. CITY OF BROOKINGS

______________________________ Tim Reed, Mayor ATTEST: _______________________________ Shari Thornes, City Clerk


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CONSENT AGENDA #4 D. Action to approve a Memorandum of Understanding by and

between the City of Brookings and Joe J. and Janet K. Mendel for the development of Dakota Nature Park Watermain Project.

The development of the Dakota Nature Park continues to proceed according to the master plan. Parking lots, fishing piers, and ramps have been constructed. The Fire Department recently completed a controlled burn of the hill to aid in reestablishing natural vegetation in the park. The next phase of improvements involves the construction of the Nature Center Building. The Nature Center Building project includes the installation of a watermain service to the building. The watermain service involves a partnership with adjacent property owners. Staff has been working with Mr. Wade Price of Bluegill Inc. to obtain the necessary easements to install infrastructure to service the Nature Center Building. During these discussions, Mr. Price suggested an alternative route whereby the infrastructure could be installed on the quarter section line and run south from 24th Street South to the Dakota Nature Park property line. The initial plan was to install a 4” service line from Bluegill Circle, however, with this alternative option, an 8” line would be installed on private property and reduced to a 4” service line on City property. The adjacent property owners would benefit from the improvements and a MOU was drafted to cost share in the infrastructure improvements. The benefitting parcels are currently unplatted. Wade Price and Janet Mendel are partners in Bluegill Inc. and have an agreement to acquire the unplatted property. Mr. Price has indicated residential development will occur in this area. At this time, there are no plans to dedicate right-of-way as the use of private streets is planned to serve this portion of the development.


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Staff is recommending a development agreement with the current owners of the property via the attached draft agreement. Essentially, the basic provisions of the draft agreement are as follows:

1) The City will undertake the infrastructure improvements associated with the project.

2) The property owners will provide fifty (50%) percent of the estimated cost of the watermain improvements from 24th Street South to the Dakota Nature Park property line prior to start of construction. Upon completion of the improvements thru the easement area, final quantities will be adjusted to as-built and final construction costs will be adjusted accordingly.

3) In the event the developers default on payment, the responsibility for any unpaid, outstanding balance will be assessed to the owner of record of said parcel.


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MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF BROOKINGS

AND JOE J. AND JANET K. MENDEL

FOR THE DEVELOPMENT OF WATERMAIN INFRASTRUCTURE PROJECT

Preamble and Purpose Statement This Memorandum of Understanding (MOU) is intended to identify the terms, conditions and agreements between the City of Brookings (“City”) and Joe J. Mendel and Janet K. Mendel (referred to herein as “Developers”) provide for the necessary infrastructure improvements associated with the extension of a water main from its current point on 24th Street South, south along the Quarter (¼) section line to the City of Brookings’ Dakota Nature Park property line. The City has the authority to undertake such improvements and contracts related thereto pursuant to SDCL 9-12-1(1) and 9-47-1. The purpose of the installation of such infrastructure improvements is to promote and encourage the private development of residential property which is currently vacant and to provide water service to the Dakota Nature Park. 1) Site location Attached is Exhibit A which identifies the site location of the proposed improvements. 2) Proposed infrastructure improvements The improvements associated with this project include an eight (8) inch water main. The water main will be installed within an easement which has been duly dedicated to the City. The parties agree to work cooperatively to a mutually-agreed upon final plan and design and easement document. 3) Engineering, design, and construction of the improvements The City will be responsible for the engineering, design, staking, construction, and inspection of the proposed improvements described in Section 2 above. The City will contract with Banner Associates, Inc. for the design and construction administration of these water main improvements. Banner Associates, Inc. will work exclusively for the City. If the project is ultimately approved, the City will undertake the advertising, bidding, and contracting for the construction of the project. 4) Financing of infrastructure improvements The City and Developers agree to cost share in the financing of the engineering and construction of the improvements described in Section 3 above. The Developers will provide to the City prior to start of construction a sum equal to fifty (50%) percent of the estimated total costs of the improvements. Upon completion of the improvements, the City will adjust final quantities and costs to as-built, and will collect from Developers or refund to Developers, as the case may be, final construction costs based on actual costs incurred.


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5) Developer default of financing of infrastructure improvements In the event developers default on any payment, any unpaid, outstanding balance due the City will be collected from the Developers. Approved, this 14th day of July, 2012. _________________________ ________________________ Tim Reed Joe J. Mendel Mayor (SEAL) ________________________ Janet K. Mendel ATTEST: _________________________ Shari Thornes City Clerk


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5. Items removed from Consent Agenda.

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.


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OPEN FORUM 6. Invitation for a Citizen to schedule time on the Council Agenda

for an issue not listed. At this time, any member of the public may request time on the agenda for an item not listed. Items are typically scheduled for the end of the meeting; however, very brief announcements or invitations will be allowed at this time.

7. SDSU Student Senate Report.

President – Jameson Berreth Vice-President – Wyatt DeJong Administrative Assistant – Mike McNalley Finance Chair – Ben Ruggeberg State & Local Chair – Jameson Goetz SDSU Senate Website: http://www.sdstatesa.com/#!

http://www.sdstatesa.com/


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First Readings** 8. First Reading on Ordinance No. 20-12: An Ordinance rezoning

Blocks 1 and 2, Brown and Kron Addition including Richard’s Subdivision; Robson’s Addition; Blocks 1 and 3, Sioux Heights Addition; Blocks 1, 5, and 15, East Acres Second Addition; Blocks 1, 2, and 3, Legeros Second Addition; Blocks 1 and 2, Legeros and Amidon Addition; Blocks 2 and 3, Gilley Addition, and Mills Addition from a Residence R-2 District to a Residence R-1C District. (Location: 3rd Street to the Railroad Tracks and from the corner of 1st Street & 13th Avenue to 17th Avenue.)


**No vote is taken on the first reading of an Ordinance. The title of the Ordinance is read and the date for the public hearing is announced. Applicant: City of Brookings Proposal: Rezone a multiple-block residential neighborhood to a Residence R-1C District. Background: The Planning Commission discussed a rezoning of this neighborhood in May after receiving an informal petition from a majority (71%) of the property owners. The staff report and discussion from that meeting are in your packet. Specifics: The area proposed for rezoning is predominantly low-density in nature with 93% of the housing recognized as single-family dwellings. The neighborhood is east and south of a Residence R-1C District that was created in late 2011. Seventeenth Avenue, in this area, was a zone boundary established in 1966 between low density residential to the east and medium density residential to the west. The characteristics of the Residence R-1C District involve a blend of R-1B and R-2 District regulations. Although the original city planners saw this area as having the potential for a mix of single-family and two-family dwellings, it has remained remarkably homogeneous in nature. Except for the differences in area regulations, this neighborhood has similar use characteristics as the adjoining Residence R-1B District. Recommendation: The Planning Commission voted 7 yes and 0 no to recommend rezoning the area to a Residence R-1C District.


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Ordinance No. 20-12

An Ordinance to Change the Zoning within the City of Brookings Be It Ordained by the City of Brookings, South Dakota: Section 1. That the real estate situated in the City of Brookings, County of Brookings, State of South Dakota, described as follows, to-wit:

Blocks 1 and 2, Brown and Kron Addition including Richard’s Subdivision; Robson’s Addition; Blocks 1 and 3, Sioux Heights Addition; Blocks 1, 5, and 15, East Acres Second Addition; Blocks 1, 2, and 3, Legeros Second Addition; Blocks 1 and 2, Legeros and Amidon Addition; Blocks 2 and 3, Gilley Addition, and Mills Addition

be and the same is hereby rezoned and reclassified from a Residence R-2 District to a Residence R-1C District In accordance with Section 94-7 of Article I of Ordinance 25-02 of the Code of Ordinances of Brookings, South Dakota, as said districts are more fully set forth and described in Articles III and IV, Chapter 94 of Ordinance No. 25-02 of the City of Brookings, South Dakota. Section 2. The permitted use of the property heretofore described be and the same is hereby altered and changed in accordance herewith pursuant to said Ordinance No. 25-02 of the City of Brookings, South Dakota. Section 3. All sections and ordinances in conflict herewith are hereby repealed. First Reading July 24, 2012 Second Reading and Adoption August 14, 2012 Published CITY OF BROOKINGS, SD ________________________ Tim Reed, Mayor ATTEST: _________________________ Shari Thornes, City Clerk


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COMPARISON – RESIDENCE R-2 AND R-1C DISTRICTS

REGULATION R-2 R-1C LOT AREA - 7,500 7,500 SINGLE-FAMILY LOT AREA - 9,900 11,250 TWO-FAMILY FRONTAGE WIDTH - 50’ 50’ SINGLE-FAMILY FRONTAGE WIDTH - 65’ 75’ TWO-FAMILY FRONT, SIDE, REAR SAME SAME SETBACKS

TWO-FAMILY USE: *PERMITTED **CONDITIONAL USE

*MUST MEET AREA REGULATIONS

**MUST MEET AREA REGULATIONS AND HAVE ONE FRONTAGE ON A COLLECTOR OR ARTERIAL STREET

REZONINGNAME PROPERTY ADDRESS MAILING ADDRESS CITY STATE ZIP ATTN

Surrounding Property Owners - 150 feetRoberta Hanson 312 17th Avenue 312 17th Avenue Brookings, SD 57006Monglan Knieff 304 17th Avenue 304 17th Avenue Brookings, SD 57006Richard Jennings 1709 3rd Street 1709 3rd Street Brookings, SD 57006Justin Werkmeister 1704 3rd Street 1704 3rd Street Brookings, SD 57006Anthony Becker 208 17th Avenue 208 17th Avenue Brookings, SD 57006Jeff Muckey 1712 3rd Street 1712 3rd Street Brookings, SD 57006Albena Yordanova 1711 Lincoln Lane 1711 Lincoln Lane Brookings, SD 57006Harvey Greenbaum 202 17th Avenue 202 17th Avenue Brookings, SD 57006

Thomas Dobbs 131 Jefferson Avenue 131 Jefferson Avenue Brookings, SD 57006Karen Korkow 125 Jefferson Avenue 125 Jefferson Avenue Brookings, SD 57006Marvin Clark 119 Jefferson Avenue 119 Jefferson Avenue Brookings, SD 57006Daniel Mielke 113 Jefferson Avenue 113 Jefferson Avenue Brookings, SD 57006Vesta Jensen 109 Jefferson Avenue 109 Jefferson Avenue Brookings, SD 57006Robert Brutty 1723 1st Street 1723 1st Street Brookings, SD 57006Mary Beth Riggio 1709 1st Street 137 S. Peck Drive #D Beverly Hills, CA 90212Chris Vanderwal 1706 17th Avenue 1706 1st Avenue Brookings, SD 57006Alan Sanderson 120 17th Avenue 120 17th Avenue Brookings, SD 57006Ayla Waldsmidt 116 17th Avenue 116 17th Avenue Brookings, SD 57006Paul Madsen 110 17th Avenue 110 17th Avenue Brookings, SD 57006Laura Hove 104 1st Street 104 17th Avenue Brookings, SD 57006

David Schliessman 1706 1st Street 1706 1st Street Brookings, SD 57006Thomas Steffensen 1711 Olwien Street 1724 Pinehurst Drive Brookings, SD 57006Jayne Anderson 105 17th Avenue South 105 17th Avenue South Brookings, SD 57006Perry Williams 115 17th Avenue South 115 17th Avenue South Brookings, SD 57006

Jeffrey Fish 1708 Olwien Street 1708 Olwien Street Brookings, SD 57006Kenneth Quirk 1713 Elmwood Drive 713 Elmwood Drive Brookings, SD 57006Alan Kuechenmeister 1702 Olwien Street 1702 Olwien Street Brookings, SD 57006David Szafryk 217 17th Avenue South 217 17th Avenue South Brookings, SD 57006Renee Oscarson 221 17th Avenue South 217 17th Avenue South Brookings, SD 57006

Kevin Price 1710 Elmwood Drive 1710 Elmwood Drive Brookings, SD 57006Daniel Wakeman 303 17th Avenue South 303 17th Avenue South Brookings, SD 57006David Kuhl 311 17th Avenue South 311 17th Avenue South Brookings, SD 57006William Gibbons 1709 Derdall Drive 1709 Derdall Drive Brookings, SD 57006Michael Holbeck 1705 Derdall Drive 1705 Derdall Drive Brookings, SD 57006

Adolph Horten 1708 Derdall Drive 1708 Derdall Drive Brookings, SD 57006Gwen Horsley 1702 Derdall Drive 1702 Derdall Drive Brookings, SD 57006Canadian Pacific RR railroad PO Box 1260 Sioux Falls, SD 57101Norman Johnston 357 17th Avenue South 357 17th Avenue South Brookings, SD 57006

Bkgs Ind School 304 15th Avenue 2130 8th Street South Brookings, SD 57006Amal Yelkur 1514 3rd Street 2410 Cattleman Drive Brandon, FL 33511Shelley Palm 209 16th Avenue 209 16th Avenue Brookings, SD 57006Robert Brandwein 1510 3rd Street 1510 3rd Street Brookings, SD 57006David Buschenfeld 1433 2nd Street 19428 470th Avenue Estelline, SD 57234Robert Runge 1506 3rd Street 1506 3rd Street Brookings, SD 57006Monte Harming 1431 2nd Street 1431 2nd Street Brookings, SD 57006

Kenwood Weeks 125 16th Avenue 125 16th Avenue Brookings, SD 57006Steven Forester 1438 2nd Street 1438 2nd Street Brookings, SD 57006Stephenson Fam. Trust 1432 2nd Street 1432 2nd Street Brookings, SD 57006Allyn Dorn 1420 2nd Street 1420 2nd Street Brookings, SD 57006Ronnie Siverhus 1418 2nd Street 1418 2nd Street Brookings, SD 57006James Welch 1412 2nd Street 1412 2nd Street Brookings, SD 57006Bradley Wermers 1408 2nd Street 1408 2nd Street Brookings, SD 57006Jared Gass 1402 2nd Street 1402 2nd Street Brookings, SD 57006

Milo Potas 125 14th Avenue 125 14th Avenue Brookings, SD 57006Helen Jones 1336 2nd Street 1336 2nd Street Brookings, SD 57006Erin Earley 1332 2nd Street 1332 2nd Street Brookings, SD 57006Bruce Pengra 1345 1st Street 1345 1st Street Brookings, SD 57006Gayle Chapel 1333 1st Street 1333 1st Street Brookings, SD 57006Anthony Lanning 1329 1st Street 1329 1st Street Brookings, SD 57006Douglas Bren 1323 1st Street 1323 1st Street Brookings, SD 57006Clifford Lenning 1319 1st Street 1319 1st Street Brookings, SD 57006Bradley Svennes 1315 1st Street 1825 Maple Drive SE Huron, SD 57350Todd Torgerson 1307 1st Street 1307 1st Street Brookings, SD 57006Robert Salonen 104 13th Avenue 104 13th Avenue Brookings, SD 57006

Scott Seas 1227 1st Street 1227 1st Street Brookings, SD 57006Scott Underwood 1217 1st Street 528 West 8th Street Brookings, SD 57006

ZVM, Inc. 1222 1st Street PO Box 342 Brookings, SD 57006Rickey Goedtke 1230 1st Street 1230 1st Street Brookings, SD 57006Country Crossings LLC 123 12th Avenue South 910 4th Street Brookings, SD 57006Country Crossings LLC 131 12th Avenue South 910 4th Street Brookings, SD 57006

Harry Jacobsen 1309 Orchard Drive 1309 Orchard Drive Brookings, SD 57006Jesse Ulvestad 1311 Orchard Drive 1311 Orchard Drive Brookings, SD 57006Jan Hammink 1317 Orchard Drive 19890 470th Avenue Bruce, SD 57220Michael Rice 1323 Orchard Drive 1323 Orchard Drive Brookings, SD 57006Ronald Mergen 1327 Orchard Drive 1327 Orchard Drive Brookings, SD 57006Joseph Fishbaugher 1333 Orchard Drive 1333 Orchard Drive Brookings, SD 57006Mary Halcomb 1339 Orchard Drive 1339 Orchard Drive Brookings, SD 57006Richard Gamradt 1345 Orchard Drive 1345 Orchard Drive Brookings, SD 57006Jesse Baker 1351 Orchard Drive 1351 Orchard Drive Brookings, SD 57006Kent Miller 1403 Orchard Drive PO Box 393 Brookings, SD 57006Rose Davis 1405 Orchard Drive 1405 Orchard Drive Brookings, SD 57006

Judy Johnson 1407 Orchard Drive 1407 Orchard Drive Brookings, SD 57006Kent Miller 1409 Orchard Drive 1409 Orchard Drive Brookings, SD 57006David Hock 1413/1417 Orchard Drive 214 6th Avenue South Brookings, SD 57006Darrell Olson 1421/1425 Orchard Drive 609 17th Avenue South Brookings, SD 57006Michael McClemans 1427 Orchard Drive PO Box 3 Brookings, SD 57006Boyd Meyer 1431 Orchard Drive 1431 Orchard Drive Brookings, SD 57006Boyd Meyer 1433/1437 Orchard Drive 1431 Orchard Drive Brookings, SD 57006Boyd Meyer 1501/1505 Orchard Drive 1431 Orchard Drive Brookings, SD 57006Roger French 1507 Orchard Drive 817 19th Street Windom, MN 56101Shawn Erp 1509 Orchard Drive 1509 Orchard Drive Brookings, SD 57006Gayle Svennes 1513/1515 Orchard Drive PO Box 181 Brookings, SD 57006Or. Dr. W TnHm Assn 1519/1527 Orchard Drive 1523 Orchard Drive Brookings, SD 57006 R. RaisenenOr. Dr. E TnHm Assn 1535/1539 Orchard Drive 1533 Orchard Drive Brookings, SD 57006 R. MorrillEidsness Funeral Home 1617 Orchard Drive 1617 Orchard Drive Brookings, SD 57006

Property Within the Rezoning AreaPP&H Properties 1630 3rd Street 204 South Oak Street Hendricks, MN 56136Leona Steen 1626 3rd Street 1626 3rd Street Brookings, SD 57006Jeremy Scott 1616 3rd Street 1616 3rd Street Brookings, SD 57006Sarah Stetson 221 17th Avenue 221 17th Avenue Brookings, SD 57006Angela Strofus 215 17th Avenue 215 17th Avenue Brookings, SD 57006Marlys Moore 207 17th Avenue 207 17th Avenue Brookings, SD 57006T&Z Properties 210 17th Avenue 328 Hickory Street Brookings, SD 57006Adam Stoebner 123 17th Avenue 1433 W. Waterstone Dr. Sioux Falls, SD 57108Diane Owens 117 17th Avenue 117 17th Avenue Brookings, SD 57006KSB Properties 111 17th Avenue 541 Southview Drive Brookings, SD 57006 K TheodosopoulosBradley Luze 1631 1st Street 1631 1st Street Brookings, SD 57006Matthew DeBates 1623 1st Street 1623 1st Street Brookings, SD 57006Bernadine Envoldsen 220 16th Avenue 220 16th Avenue Brookings, SD 57006Kelly Meyer 1612 3rd Street 1612 3rd Street Brookings, SD 57006Vicki Bierschbach 216 16th Avenue 216 16th Avenue Brookings, SD 57006Charles Schnabel 202 16th Avenue 202 16th Avenue Brookings, SD 57006Carrie Wallace 202 16th Avenue 202 16th Avenue Brookings, SD 57006Sue Grant 1605 Robin Road 1605 Robin Road Brookings, SD 57006Mac Harris 1615 Robin Road 1615 Robin Road Brookings, SD 57006Deanna Santema 1621 Robin Road 1621 Robin Road Brookings, SD 57006Patrick Lyons 1620 Robin Road 1620 Robin Road Brookings, SD 57006Joseph Schulte 110 16th Avenue 110 16th Avenue Brookings, SD 57006Stephen Pohl 1604 Robin Road 1604 Robin Road Brookings, SD 57006Chad Adamson 102 16th Avenue 102 16th Avenue Brookings, SD 57006Chad Fergen 1607 1st Street 1625 Calumet Road Brookings, SD 57006David Cartrette 1613 1st Street 1613 1st Street Brookings, SD 57006James Rice 1617 1st Street 1617 1st Street Brookings, SD 57006

Del Poppinga 1602 1st Street 1602 1st Street Brookings, SD 57006Joan Morgan 1610 1st Street 1610 1st Street Brookings, SD 57006William Runge 1618 1st Street 1618 1st Street Brookings, SD 57006Elizabeth Gorham 102 17th Avenue South 102 17th Avenue South Brookings, SD 57006

David Harnish 1624 1st Street 1624 1st Street Brookings, SD 57006Michael Kilmer 1631 Olwien Street 1631 Olwien Street Brookings, SD 57006Janel Pirlet 1625 Olwien Street 1625 Olwien Street Brookings, SD 57006Stephen Munson 1619 Olwien Street 1619 Olwien Street Brookings, SD 57006Martin Wagner 1613 Olwien Street 1613 Olwien Street Brookings, SD 57006Gwendolyn Andersen 1607 Olwien Street 1607 Olwien Street Brookings, SD 57006Lee Lunt 1603 Olwien Street 1603 Olwien Street Brookings, SD 57006

Travis Meyer 1602 Olwien Street 1602 Olwien Street Brookings, SD 57006Susan Taylor 1608 Olwien Street 1608 Olwien Street Brookings, SD 57006Donald Lockwood 1614 Olwien Street 1614 Olwien Street Brookings, SD 57006Bart Bauske 1618 Olwien Street 1618 Olwien Street Brookings, SD 57006Richard Ganci 1624 Olwien Street 1624 Olwien Street Brookings, SD 57006James Steen 1630 Olwien Street 1630 Olwien Street Brookings, SD 57006Keith Skogstad 1633 Elmwood Drive 1633 Elmwood Drive Brookings, SD 57006Volker Brozel 1625 Elmwood Drive 1625 Elmwood Drive Brookings, SD 57006Arlene Hendrickson 1617 Elmwood Drive 1617 Elmwood Drive Brookings, SD 57006Wendell Thompson 215 16th Avenue South 215 16th Avenue South Brookings, SD 57006James Juntunen 221 161th Avenue South 221 16th Avenue South Brookings, SD 57006

Viola Lightfield 1602 Elmwood Drive 1602 Elmwood Drive Brookings, SD 57006Aaron Stauffacher 1608 Elmwood Drive 1608 Elmwood Drive Brookings, SD 57006James Hornby 1616 Elmwood Drive 1616 Elmwood Drive Brookings, SD 57006Nelda Holden 1620 Elmwood Drive 1620 Elmwood Drive Brookings, SD 57006Bank of NY 1630 Elmwood Drive 7105 Corporate Drive Plano, TX 75024Jon Hubregtse 316 17th Avenue South 316 17th Avenue South Brookings, SD 57006Tammy Fraser 1621 Derdall Drive 1621 Derdall Drive Brookings, SD 57006Mark Bullington 1615 Derdall Drive 1615 Derdall Drive Brookings, SD 57006Carlton Hoff 1609 Derdall Drive 1609 Derdall Drive Brookings, SD 57006Bryan Zacher 1603 Derdall Drive 1603 Derdall Drive Brookings, SD 57006

Sammuel Anderson 1604 Derdall Drive 1604 Derdall Drive Brookings, SD 57006Andrew Ellis 1610 Derdall Drive 1610 Derdall Drive Brookings, SD 57006Maria Spitz 1614 Derdall Drive 1614 Derdall Drive Brookings, SD 57006Justin Ballis 1620 Derdall Drive 1620 DerdallDrive Brookings, SD 57006Eugene Butler 1626 Derdall Drive 1626 Derdall Drive Brookings, SD 57006

Dale Ulvestad 109 16th Avenue 109 16th Avenue Brookings, SD 57006Dary Rentals 103 16th Avenue 323 22nd Avenue Brookings, SD 57006Megan McGee 1433 1st Street 1433 1st Street` Brookings, SD 57006June Jones 1425 1st Street 1425 1st Street Brookings, SD 57006William Purrington 1423 1st Street 1423 1st Street Brookings, SD 57006Lester Rowland 1419 1st Street 1419 1st Street Brookings, SD 57006Edwin Hofer 1415 1st Street 1415 1st Street Brookings, SD 57006Robert Walstrom 1409 1st Street FBT Box 507 Brookings, SD 57006 c/o AllisonPhilip Luze 1403 1st Street 108 14th Avenue Brookings, SD 57006Gary Watters 1403 1st Street 1403 1st Street Brookings, SD 57006

Clifford Friedrich 104 16th Avenue South 104 16th Avenue South Brookings, SD 57006Larry Stensgard 1430 1st Street 1430 1st Street Brookings, SD 57006Paul Melby 1428 1st Street 1428 1st Street Brookings, SD 57006Patricia Guss 1424 1st Street 1424 1st Street Brookings, SD 57006Bryan Rieger 1418 1st Street 1418 1st Street Brookings, SD 57006Bryan Rieger 1414 1st Street 1418 1st Street Brookings, SD 57006Iona Mae Berger Trust 1412 1st Street 1412 1st Street Brookings, SD 57006Duane Rykhus 103 14th Avenue South 2206 42nd Street Brookings, SD 57006Karla Stevenson 109 16th Avenue South 109 16th Avenue South Brookings, SD 57006ZVM, Inc. 118 16th Avenue South Box 342 Brookings, SD 57006Henry Kayongo-Male 1443 Wisconsin Street 1443 Wisconsin Street Brookings, SD 57006Dorothy Thompson 1437 Wisconsin Street 1437 Wisconsin Street Brookings, SD 57006Steven Clarin 1427 Wisconsin Street 1427 Wisconsin Street Brookings, SD 57006Charles Olson 1421 Wisconsin Street 1421 Wisconsin Street Brookings, SD 57006Erna Ziegenbalg 1415 Wisconsin Street 1415 Wisconsin Street Brookings, SD 57006Leo Schleicher 1403 Wisconsin Street 1403 Wisconsin Street Brookings, SD 57006

Ruth Gunderson 1442 Legeros Drive 1442 Wisconsin Street Brookings, SD 57006 Carolyn CurleyGeraldine Taylor 1438 Wisconsin Street 1438 Wisconsin Street Brookings, SD 57006Robert Hill 1430 Wisconsin Street 1430 Wisconsin Street Brookings, SD 57006Billie Jo McFarland 1424 Wisconsin Street 1424 Wisconsin Street Brookings, SD 57006Steven Rowbotham 1418 Wisconsin Street 1418 Wisconsin Street Brookings, SD 57006Rooster Valley Prop LLC 1410 Wisconsin Street 7720 84th Street Circle Bloomington MN 55438William Landsman 1404 Wisconsin Street 1404 Wisconsin Street Brookings, SD 57006 Aaron HocketJames Housiaux 1403 Legeros Drive 1403 Legeros Drive Brookings, SD 57006Mark Anawski 1409 Legeros Drive 1409 Legeros Drive Brookings, SD 57006Adele Sudlow 1421 Legeros Drive 1927 Laurel Lane Brookings, SD 57006Steven Jongeling 1425 Legeros Drive 1425 Legeros Drive Brookings, SD 57006Gordon Bortnem 1433 Legeros Drive 1433 Legeros Drive Brookings, SD 57006Richard Strande 1437 Legeros Drive 1437 Legeros Drive Brookings, SD 57006Shane Anderson 214 16th Avenue South 214 16th Avenue South Brookings, SD 57006

Vernon Voelzke 105 Gilley Avenue 133 Wahpeton Pass Brookings, SD 57006Robert Johnson 1334 1st Street 1334 1st Street Brookings, SD 57006Kory Kludt 113 Gilley Avenue 1109 So. Sugar Maple Dr. Sioux Falls SD 57110Dorothy Halliday 115 Gilley Avenue 115 Gilley Avenue Brookings, SD 57006Fed Hm Loan Mort Corp 125 Gilley Avenue 8200 Jones Branch Drive McLean, VA 22102Rick Hieb 131 Gilley Avenue 131 Gilley Avenue Brookings, SD 57006Ardis Matson 201 Gilley Avenue 201 Gilley Avenue Brookings, SD 57006Steven Robinson 1309 Legeros Drive 1309 Legeros Drive Brookings, SD 57006Chad Weier 102 14th Avenue South 102 14th Avenue South Brookings, SD 57006Nathan Moe 108 14th Avenue South 108 14th Avenue South Brookings, SD 57006Jeff Jensen 112 14th Avenue South 112 14th Avenue South Brookings, SD 57006Michael Niles 118 14th Avenue South 118 14th Avenue South Brookings, SD 57006Joel Perry 124 14th Avenue South 124 14th Avenue South Brookings, SD 57006Gaelic Farms Inc. 130 14th Avenue South 1433 1st Street Brookings, SD 57006Sales Hossle 202 14th Avenue South 202 14th Avenue South Brookings, SD 57006Mary Nelson 1317/1319 Legeros Drive 1317 Legeros Drive Brookings, SD 57006

Ross Brown 1302 1st Street 1302 1st Street Brookings, SD 57006Rickey Goedtke bare lot 1230 1st Street Brookings, SD 57006Todd Voss 1306/1308 1st Street 603 5th Avenue Brookings, SD 57006Gina Johnson 102 Gilley Avenue 102 Gilley Avenue Brookings, SD 57006Martin Skovly 108 Gilley Avenue 108 Gilley Avenue Brookings, SD 57006Chris Schulte 114 Gilley Avenue 114 Gilley Avenue Brookings, SD 57006MAC LLC 120 Gilley Avenue 323 22nd Avenue Brookings, SD 57006MAC LLC bare lot 323 22nd Avenue Brookings, SD 57006Joshua Vandeweerd 124 Gilley Avenue 124 Gilley Avenue Brookings, SD 57006Joshua Vandeweerd bare lot 124 Gilley Avenue Brookings, SD 57006Virginia Pittenger 130 Gidley Avenue 130 Gilley Avenue Brookings, SD 57006Virginia Pittenger bare lot 130 Gilley Avenue Brookings, SD 57006Edwin Higgins 202 Legeros Drive 202 Legeros Drive Brookings, SD 57006Brant Mathison 208 Legeros Drive 208 Legeros Drive Brookings, SD 57006Verna Denison 1302 Legeros Drive 1302 Legeros Drive Brookings, SD 57006David Walder 1308 Legeros Drive 1308 Legeros Drive Brookings, SD 57006Clayton Knofcsynski 1314 Legeros Drive 1314 Legeros Drive Brookings, SD 57006Dennis Nagel 1320 Legeros Drive 1320 Legeros Drive Brookings, SD 57006David Biteler 1326 Legeros Drive 1326 Legeros Drive Brookings, SD 57006Lance Johnson 1332 Legeros Drive 1332 Legeros Drive Brookings, SD 57006Bruce Johnson 1400 Legeros Drive 1400 Legeros Drive Brookings, SD 57006Jean Blume 1408 Legeros Drive 1408 Legeros Drive Brookings, SD 57006Heather Bortnem 1414 Legeros Drive 1414 Legeros Drive Brookings, SD 57006Donna Hess 1420 Legeros Drive 1420 Legeros Drive Brookings, SD 57006Jael TriebThorpe 1426 Legeros Drive 1426 Legeros Drive Brookings, SD 57006David Odens 1432 Legeros Drive 1432 Legeros Drive Brookings, SD 57006David Koch 1438 Legeros Drive 1438 Legeros Drive Brookings, SD 57006Florence McDaniel 1442 Legeros Drive 1442 Legeros Drive Brookings, SD 57006City of Brookings utilities PO Box 270 Brookings, SD 57006


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Planning Commission Brookings, South Dakota

July 9, 2012

OFFICIAL MINUTES Chairperson Wayne Avery called the regular meeting of the City Planning Commission to order on Monday, July 9, 2012, at 5:30 PM in the Chambers Room on the third floor of the City & County Government Center. Members present were Hal Bailey, Mike Cameron, Donna DeKraai, Greg Fargen, Alan Gregg, Al Heuton, and Avery. John Sydow was absent. Also present were Bill Purrington, Dave Odens, Becky Meyer, Brent Mathiason, Mark Konoski, Tony Lanning, Jim Welch, Jim Weiss, Community Development Director Mike Struck, City Engineer Jackie Lanning, Planning and Zoning Administrator Dan Hanson and others. Item #4 – The City of Brookings has submitted a petition to rezone Blocks 1 and 2, Brown and Kron Addition including Richard’s Subdivision; Robson’s Addition; Blocks 1 and 3, Sioux Heights Addition; Blocks 1, 5, and 15, East Acres Second Addition; Blocks 1, 2, and 3, Legeros Second Addition; Blocks 1 and 2, Legeros and Amidon Addition; Blocks 2 and 3, Gilley Addition, and Mills Addition from a Residence R-2 District to a Residence R-1C District. (Heuton/Bailey) Motion to approve the rezoning. All present voted aye. MOTION CARRIED.

SUMMARY OF DISCUSSION Item #4- Bill Purrington, 1423 1st Street, supported the rezoning. He felt the change was appropriate since the neighborhood was near Hillcrest School. It would be good for young families. He argued that the current zoning that allowed duplexes by right could lead to an increase in congestion in the streets because lot sizes were smaller. Dave Odens, 1432 Legeros Drive, also supported the rezoning. He noted that the neighborhood was predominantly single-family and should be preserved.

Becky Meyer, 1602 Olwien Street, opposed the rezoning. She felt that young families needed supplemental incomes and converting their homes into two-family dwellings was an option. She added that on-street parking could become congested with single-family homes too. She did not think the community offered enough decent housing now.

Brent Mathiason, 208 Legeros Drive, supported the rezoning. His neighbors were

renters already and more conversions could lead to future parking issues. Mark Konoski, a resident, felt the neighborhood was quiet now but could deteriorate if left in the R-2 district. Tony Lanning, 1329 First Street, supported the rezoning. He had seen a change over the 20 years he lived at this address and felt more conversions would be detrimental.

Jim Welch, 1412 2nd Street, remarked that his residence was in the first area that was

zoned to R-1C. He felt it devalued his property and was opposed to the rezoning.


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Heuton stated that the research on the history of the neighborhood made it clear to him that it functions well as a single-family area. He noted that 93% of the houses were still used as single-family dwellings after 50 years or more. He also felt the R-1C would lead to less on-street parking.


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First Readings**

9. First Reading on Ordinance No. 21-12: An Ordinance revising the Zoning Ordinance pertaining to the definition of automobile sales.

Public Hearing – August 14, 2012 **No vote is taken on the first reading of an Ordinance. The title of the Ordinance is read and the date for the public hearing is announced.

Proposal: Add leasing as a related use under the automobile sales definition. Specifics: Local auto dealerships in Brookings have leased cars as part of their business for many years. Leasing as a primary use could be construed as being prohibited so this minor change has been submitted. Recommendation: The Planning Commission voted 7 yes and 0 no to recommend approval of the amendment.


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Ordinance No. 21-12

An Ordinance amending the Zoning Ordinance of the City of Brookings and pertaining to the definition of Automobile Sales for the purposes of Administration

of the Zoning Ordinance Be it ordained by the Council of the City of Brookings, State of South Dakota: that Chapter 94, Zoning shall be amended as follows:

Section 1. ARTICLE I. IN GENERAL Sec. 94-1. Definitions

Automobile Sales/Leasing: The use of any building, land area, or their premises for the display, and sale, or leasing of new or used automobiles, sport utility vehicles and pickups, and including any warranty repair work and other repair service conducted as an accessory use (see outdoor sales).

Section 2.

Any or all ordinances in conflict herewith are hereby repealed. First Reading: July 24, 2012 Second Reading: August 14, 2012 Published: CITY OF BROOKINGS, SD ___________________________________ Tim Reed, Mayor ATTEST: ________________________ Shari Thornes, City Clerk


43

Planning Commission Brookings, South Dakota

July 9, 2012

OFFICIAL MINUTES Chairperson Wayne Avery called the regular meeting of the City Planning Commission to order on Monday, July 9, 2012, at 5:30 PM in the Chambers Room on the third floor of the City & County Government Center. Members present were Hal Bailey, Mike Cameron, Donna DeKraai, Greg Fargen, Alan Gregg, Al Heuton, and Avery. John Sydow was absent. Also present were Bill Purrington, Dave Odens, Becky Meyer, Brent Mathiason, Mark Konoski, Tony Lanning, Jim Welch, Jim Weiss, Community Development Director Mike Struck, City Engineer Jackie Lanning, Planning and Zoning Administrator Dan Hanson and others. Item #5 – The City of Brookings has proposed an amendment to the Zoning Ordinance pertaining to the definition of automobile sales. (Cameron/Bailey) Motion to approve the amendment. All present voted aye. MOTION CARRIED.

SUMMARY OF DISCUSSION Item #5 – Hanson commented that the omission of the term “leasing” in the automobile sales definition was likely an oversight. Most auto sales lots also lease vehicles as an accessory use.


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First Readings** 10. First Reading on Ordinance No. 22-12: An Ordinance revising

Ordinance Section 82-305 and Pertaining to Speed Zones in the City of Brookings, South Dakota. Public Hearing – August 14, 2012

**No vote is taken on the first reading of an Ordinance. The title of the Ordinance is read and the date for the public hearing is announced.

The City Attorney has recently brought to our attention that some speed limit signs are not placed in the same location that are stipulated in the current City Ordinance Section 82-305, Speed Zones section. In addition, City staff found several streets that are signed for a speed limit other than 25 miles per hour and several of the dimensions in the ordinance did not match the actual sign locations. This ordinance has been updated to match the traffic speed signage that is posted within the City limits of Brookings.


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Ordinance No. 22-12 An Ordinance revising Ordinance Section 82-305 and pertaining to Speed

Zones in the City of Brookings, South Dakota.

Be It Ordained and Enacted by the Council of the City of Brookings, State of South Dakota, as follows:

I. Sec. 82-305. Speed zones. (a) The city council is authorized and empowered to determine and establish upon any street or highway within the city or any part thereof, limited speed zones which shall provide the speed limit which constitutes the maximum speed at which any person may drive or operate any vehicle within such zone, street, highway or portion thereof so zoned and on which highway the maximum speed permissible in such zone has been conspicuously posted by appropriate signs.

(b) Limited speed zones shall be conspicuously posted by appropriate signs. The beginning and end of such limited speed zones shall be indicated by signs showing the maximum speed limits permissible within the zone.

(c) The city council may change the speed limit or the extent of any such limited speed zone at any time it may deem necessary.

(d) The following speed limits are established for the streets and portions of streets enumerated as follows:

Street Extent Speed Main Avenue From Front Street to the south city limits 35 Main Avenue South From 175’ south of 1st Street South to 57’ south of

20th Street South 35 From 57’ south of 20th Street South to the south city limits 45 Medary Avenue From 325’ north of North Campus Drive to US Highway

14 Bypass 35 From US Highway 14 Bypass to the north city limits 45 Medary Ave. South From 70’ south of 16th Street South to the south city limits 35 22nd Avenue From US Highway 14 Bypass to the south city limits 35 8th Street South From the west city limits to 22nd Avenue South 35 20th Street South From Main Avenue South to 22nd Avenue South 35 34th Avenue From US Highway 14 to US Highway 14 Bypass 35 34th Avenue From US Highway 14 to the south city limits 35 US Highway 14 US Highway 14 Ffrom the west city limits southeasterly 55 To a point 1,425 1,560 feet northwesterly of the intersection 40 of US Highway 14 and Western Avenue in Brookings From 1,560 feet northwesterly of Western Avenue to

100 feet northwesterly of Western Avenue 40 Then southeasterly and east to a point 210 From 100 feet Northwesterly of Western Avenue to 370 feet east of


46

17th Avenue 30 Then to a point 3,500 feet east of 22nd Avenue From 370 feet east of 17th Avenue to 428 feet west of Lefevre Drive 35 Then to the east city limits From 428 feet west of Lefevre Drive to the east city limits 45 US Highway 14 From the west city limits to the east city limits 55 Bypass West 2nd St. South From Western Avenue to Division Avenue 35 Western Avenue From West 2nd Street South to north city limits 35 Western Ave. South From West 8th Street South to south city limits 35 West 20th St. South From Main Avenue South to west city limits 35 (e) It shall be unlawful for any person to operate or drive any vehicle on any street within the city at a speed in excess of 25 miles per hour, unless signs are erected on streets within the city designating another speed limit is applicable.

II.

Any or all ordinances in conflict herewith are hereby repealed. First Reading July 24, 2012 Second Reading August 14, 2012 Published CITY OF BROOKINGS, SD Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk


47

CONTRACTS & CHANGE ORDERS 11. Public hearing and Action on Resolution No. 97-12, a Resolution

Determining the Necessity of Repairing or Installing Sidewalks in the City of Brookings at the Expense of Abutting Property Owners, 2012-01SWR Sidewalk Repair Project.

This project entails construction of miscellaneous concrete work in the 2012 sidewalk area, including existing sidewalks that are in need of repair due to spalling concrete or trip hazards. The 2012 project area is located north of 6th Street. This project has been bid, with Concrete Contractors, Inc. as the contractor. This resolution is the first step in starting the assessment project for the sidewalk repairs. The property owners each received a notice of the sidewalk repair and were given the option of repairing their sidewalk themselves or with their own contractor by July 1, 2012, or to be added to the City repair project. The attached list of property owners includes properties where the sidewalks were not replaced by the deadline or under contract with the property owner’s repair contractor, and those who volunteered to be on the City project. The contract prices for the project, including the 6% engineering and administration fee are:

Remove 4” thick Sidewalk: $1.06/sq.ft. Install 4” thick Sidewalk: $3.18/sq.ft. Adjust Curb Stop (if needed): $106.00/ea.

The property owners were mailed a notice by receipt certified mail, which originally stated the public hearing would be held on July 10, 2012. However, the public hearing was inadvertently not sent to the City Clerk to be scheduled on the July 10th agenda. The engineering office mailed an updated notice to the property owners for the July 24, 2012 hearing as required by statute. As of the preparation of this memo, the City Engineering staff has not received any protests for the sidewalks on the repair list. Approval of this resolution will authorize the City to proceed with the sidewalk assessment project.

City Manager Introduction Action: Motion to Approve, Request Public Comment, Roll Call


48

Resolution No. 97-12 Resolution Determining the Necessity of Repairing or Installing Sidewalks in the

City of Brookings at the expense of Abutting Property Owners 2012-01SWR Sidewalk Repair Project

Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows: 1. It is hereby determined that sidewalk repairs or installation is necessary abutting the parcels and lots of land in the City described in the Notice to Property Owners attached to this Resolution and marked as 2012-01SWR Sidewalk Repair Project. 2. Such sidewalks shall be installed to the width and of the materials prescribed by Chapter 74, “Streets, Sidewalks and other Public Places” and Article V. “Sidewalks”, and to the grade and in accordance with the design standards in the office of the City Engineer. 3. The method of apportionment of benefits is as follows: Such assessments, unless paid within thirty (30) days after the date of mailing of a statement of account by the City, shall be collected by the City in accordance with the procedure for Plan One in Section 9-43-102, South Dakota Codified Laws, as amended, with interest of 10% on the unpaid balance. Assessments amounting to less than $300.00 shall be paid in one payment. Assessments will include a 6% fee for engineering and administration costs. 3. The City Clerk has caused a copy of the Resolution and a Notice to Property Owners to be mailed to each property owner by certified mail. Passed and approved this 24th day of July 2012. CITY OF BROOKINGS Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk

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50

Other Business 12. Action on Resolution No. 98-12, a Resolution Declaring Intent to

Reimburse Expenditures with Proceeds of Bond Issue for Airport Improvements.

The Resolution of Intent puts a mechanism into place for the City of Brookings to include expenditures paid for the project prior to an actual financing of the Airport Realignment Project. The bonding for funds would be only if it was decided by the City Council as necessary action to complete the improvement or for cashflow purposes.

City Manager Introduction Action: Motion to Approve, Request Public Comment, Roll Call


51

Resolution No. 98-12

Resolution Declaring Intent to Reimburse Expenditures

with Proceeds of Bond Issue

Whereas, the City of Brookings, South Dakota (the “Issuer”), by virtue of the laws of the State of South Dakota, particularly SDCL Title 50 (the “Act”), and the authorities therein mentioned, wishes to take the necessary actions for the issuance of Sales and Use Tax Revenue Bonds of the Issuer (the “Bonds”) in order to assist in the financing of the airport runway realignment project and the equipping of the same located in City of Brookings (the “Project”); and Whereas, United States Treasury Regulations §1.150-2 (the “Reimbursement Regulations”) prescribe conditions under which proceeds of bonds, notes or other obligations (“Bonds”) used to reimburse advances made for capital and certain other expenditures (“Original Expenditures”) paid before the issuance of such Bonds will be deemed to be expended (or properly allocated to expenditures) for purposes of Sections 103 and 141-150 of the Internal Revenue Code of 1986, as amended (the “Code”), upon such reimbursement so that the proceeds so used will no longer be subject to requirements or restrictions under those sections of the Code; and

Whereas, certain provisions of the Reimbursement Regulations require that there be a Declaration of Official Intent not later than 60 days following payment of the Original Expenditures expected to be reimbursed from proceeds of Bonds, and that the reimbursement occur within certain prescribed time periods after an Original Expenditure is paid or after the property resulting from that Original Expenditure is placed in service; and Whereas, the City of Brookings wishes to take steps to comply with the Reimbursement Regulations; Now, Therefore, It Is Hereby Resolved:

1) This City Council hereby declares that the City of Brookings reasonably expects that the capital and other expenditures described in the first recital of this resolution as the Project, to the extent such expenditures are made prior to the issuance of the Bonds, will be reimbursed with the proceeds of the Bonds (as that term is defined in Section 150 of the Code). The maximum principal amount of Bonds expected to be issued for the Project is $3,000,000.

2) This declaration of intent shall be available for public inspection. A reimbursement

allocation of the expenditures for the Project with the proceeds of the borrowing described here will occur not later than 18 months after the later of (i) the date on which the expenditure is paid, or (ii) the date the Project is placed in service or abandoned, but in no event more than three (3) years after the original expenditure is paid. A reimbursement allocation is an allocation in writing that evidences the Issuer’s use of the


52

proceeds of the debt to be issued for the Project to reimburse the Issuer for a capital expenditure made pursuant to this Resolution.

3) This City Council finds and determines that all formal actions of this City Council

concerning and relating to the adoption of this resolution were taken in an open meeting of this City Council and that all deliberations of this City Council and of any committees that resulted in those formal actions were in meetings open to the public in compliance with the law.

4) This resolution shall take effect and be in force immediately upon its adoption.

CITY OF BROOKINGS, SD

___________________________ Tim Reed, Mayor ATTEST: ___________________________ Shari Thornes, City Clerk Approved: July 24, 2012 Adopted: August 16, 2012


53

OTHER BUSINESS

13. Adjourn.

Documents

Paperless 201 RN1549