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HomeMy WebLinkAbout2016_07_26 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 Vision Statement: "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, July 26, 2016 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 PM EXECUTIVE SESSION 1.ID 2016-0499 Executive Session, pursuant to SDCL 1-25-2, for purposes of consulting with legal counsel regarding proposed or pending litigation or contractual matters. Action: Motion to Enter Into Executive Session, Voice Vote Action: Motion to Exit Executive Session, Voice Vote 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 2016-0513 Action to approve the July 12 City Council Minutes. Page 1 City of Brookings July 26, 2016City Council Meeting Agenda 7/12/2016 MinutesAttachments: 3.C.ID 2016-0514 Action to cancel the October 25, 2016 Council Meeting. 3.D.RES 16-060 Action on Resolution 16-060, a Resolution concurring in the placement of a Stop Sign on Folsom Street at its intersection with Division Avenue. Resolution Map Attachments: 3.E.RES 16-061 Action on Resolution 16-061, a Resolution concurring in the placement of a Stop Sign on Christine Avenue at its intersection with 15th Street South. Resolution Map Attachments: 3.F.RES 16-062 Action on Resolution 16-062, a Resolution concurring in the placement of Stop Signs on 12th Street South at the intersection of Christine Avenue. Resolution Map HDR, Inc. Memo Attachments: 4. Items removed from Consent 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. 6. Contracts/Change Orders: 7. Ordinance First Readings: 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. 7.A.ORD 16-015 Introduction and First Reading on Ordinance 16-015, an Ordinance to Rezone the S ½ of NW ¼ of Section 34-T110N-R50W from an Agricultural A District to a Single Family R-1C District, Single Family R-1D District, Two-Family Residence R-2 District, and Multi-Family Residence R-3 District and from a Single Family R-1C District to a Page 2 City of Brookings July 26, 2016City Council Meeting Agenda Multi-Family R-3 District (West of Timberline Addition). Public Hearing: August 9, 2016. Public Notice Current Zoning Map Rezoning Proposal Area Map Proposed Zoning Map Timberline Zoning Map Flood Plain Boundary Map Planning Commission Minutes Attachments: 8. Public Hearings and Second Readings: 8.A.ORD 16-014 Public Hearing and Action on Ordinance 16-014, an Ordinance Amending Article III of Chapter 62 of the Code of Ordinances Pertaining to Weed Control. Ordinance - markedAttachments: Action: Open & Close Public Hearing, Motion to Approve, Roll Call Legislative History 7/12/16 City Council read into the record 9. Other Business: 9.A.ID 2016-0510 Action on a Letter of Intent between the City of Brookings and Brookings County for a real estate transfer. Letter of IntentAttachments: Action: Motion to Approve, Request Public Comment, Roll Call 9.B.ID 2016-0519 Action on a Memorandum of Agreement between the City of Brookings and South Dakota State University pertaining to the SDSU Performing Arts Center. PAC Memorandum of UnderstandingAttachments: Action: Motion to Approve, Request Public Comment, Roll Call 9.C.ID 2016-0511 Discussion and possible action on the selection of Developer for Brookings Marketplace. Action: Motion to Approve, Request Public Comment, Roll Call 9.D.ID 2016-0517 Council Members further input on the proposed 2017 budget 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. Page 3 City of Brookings July 26, 2016City Council Meeting Agenda 11. Adjourn. Brookings City Council: Tim Reed, Mayor, Keith Corbett, Deputy Mayor & Council Member Council Members Patty Bacon, Dan Hansen, Mary Kidwiler, Ope Niemeyer, Nick Wendell 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 Assisted Listening Systems (ALS) are available upon request. Please contact Shari Thornes, Brookings City Clerk, at (605)692-6281 or sthornes@cityofbrookings.org. If you require additional assistance, alternative formats, and/or accessible locations consistent with the Americans with Disabilities Act, please contact Shari Thornes, City 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 2016-0499,Version:1 Executive Session, pursuant to SDCL 1-25-2, for purposes of consulting with legal counsel regarding proposed or pending litigation or contractual matters. 1-25-2. Executive or closed meetings--Purposes--Authorization--Misdemeanor. Executive or closed meetings may be held for the sole purposes of: 1) Discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term “employee” does not include any independent contractor; 2) Discussing the expulsion, suspension, discipline, assignment of or the educational program of a student; 3) Consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters; 4) Preparing for contract negotiations or negotiating with employees or employee representatives; 5) Discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business. However, any official action concerning such matters shall be made at an open official meeting. An executive or closed meeting shall be held only upon a majority vote of the members of such body present and voting, and discussion during the closed meeting is restricted to the purpose specified in the closure motion. Nothing in § 1-25-1 or this section may be construed to prevent an executive or closed meeting if the federal or state Constitution or the federal or state statutes require or permit it. A violation of this section is a Class 2 misdemeanor. Source: SL 1965, ch 269; SL 1980, ch 24, § 10; SL 1987, ch 22, § 1. City of Brookings Printed on 7/20/2016Page 1 of 1 powered by Legistar™ 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 2016-0513,Version:1 Action to approve the July 12 City Council Minutes. Attachments: July 12 Minutes City of Brookings Printed on 7/21/2016Page 1 of 1 powered by Legistar™ Brookings City Council July 12, 2016 (unapproved) The Brookings City Council held a meeting on Tuesday, July 12, 2016 at 6:00 p.m., at City Hall with the following members present: Mayor Tim Reed, Council Members Keith Corbett, Mary Kidwiler, Dan Hansen, Ope Niemeyer, Nick Wendell, and Patty Bacon. City Attorney Steve Britzman, City Manager Jeffrey Weldon, and City Clerk Shari Thornes were also present. Consent Agenda. A motion was made by Council Member Hansen, seconded by Council Member Corbett, to approve the Consent Agenda. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell. 3.A. Action to approve the agenda. 3.B. Action to approve the June 14, June 21, and June 28 City Council Minutes. Resolution 16-055. A motion was made by Council Member Kidwiler, seconded by Council Member Wendell, that Resolution 16-055, a Resolution awarding the contract for the purchase of a 2017 Command Vehicle for the Fire Department, be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell. Resolution 16-055 - Resolution Awarding Bid for Fire Command Vehicle Whereas, the City of Brookings opened bids for a Fire Command Vehicle on Tuesday, June 28, 2016 at 1:30 pm at the Brookings City and County Government Center; and Whereas, the City of Brookings has received the following bid for a new Fire Command Vehicle: Einspahr Ford Brookings: $39,509 for a 2017 ¾ Ton 4 x 4 Crew Cab Truck Now, Therefore, Be It Resolved that the low bid of $39,509 for a 2017 ¾ Ton 4 x 4 Crew Cab Truck from Einspahr Ford be accepted. Resolution 16-058. A motion was made by Council Member Hansen, seconded by Council Member Wendell, that Resolution 16-058, a Resolution authorizing the City Manager to Sign Documents for Brookings Regional Airport Project No. AIP #3-46- 0005-028-2016, Braking Meter and Design of Runway 17/35 Reconstruction, be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell. Resolution 16-058 - Resolution authorizing the City Manager to Sign Documents for Brookings Regional Airport Project No. AIP #3-46-0005-028-2016 Braking Meter and Design of Runway 17/35 Reconstruction Whereas, the Brookings City Council desires South Dakota Department of Transportation and FAA assistance with the Brookings Regional Airport Project 3-46-0005-28-2016; Whereas, the City of Brookings desires professional services with Helms and Associates Corporation for the design of Runway 17/35 Reconstruction including earthwork, grading, underdrains, surfacing, electrical work, and pavement markings; and Whereas, the City of Brookings desires the replacement of the braking meter for use at the Brookings Regional Airport. Now, Therefore Be It Resolved that the City Manager of the City of Brookings is authorized to sign the Grant Offer and other related documents for a Braking Meter and Runway 17-35 Reconstruction, AIP #3-46-0005-028-2016. Resolution 16-059. A motion was made by Council Member Bacon, seconded by Council Member Wendell, that Resolution 16-059, a Resolution authorizing the City Manager to sign State of South Dakota Department of Transportation Funding Transfer Agreement, be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell. Resolution 16-059 - A Resolution for Authorizing the City Manager to Sign State of South Dakota Department of Transportation Funding Transfer Agreement Whereas, the City of Brookings desires funding for the purpose of maintenance, construction, and supervision of highways and bridges under the City’s jurisdiction and control in accordance with South Dakota Constitution Article XI, Section 8; and Whereas, the City of Brookings agrees to accept the payment of approximately $675,862.62 and hereby agrees that no part of the payment will be used for any other purpose nor will the payment revert to the City’s general funds; and Whereas, the City of Brookings hereby agrees to keep detailed records, accounts, invoices and supporting documents pertaining to all costs paid for with exchanged funds and agrees to the terms stated in the Funding Transfer Agreement between the City and the State of South Dakota. Now, Therefore Be It Resolved, that the City Manager is hereby authorized to sign the State of South Dakota Department of Transportation Funding Transfer Agreement. FIRST READING – Ordinance 16-014. Introduction and first reading was held on Ordinance 16-014, an Ordinance Amending Article III of Chapter 62 of the Code of Ordinances Pertaining to Weed Control. Public Hearing: July 26, 2016. Ordinance 16-013. A public hearing was held on Ordinance 16-013, an Ordinance providing for Notification to the Police Chief for Certain Under Twenty-One (21) Events held in Licensed Establishments in the City of Brookings, South Dakota. A motion was made by Council Member Corbett, seconded by Council Member Hansen, that Ordinance 16-013 be approved. The motion carried by the following vote: Yes: 7 - Corbett, Niemeyer, Hansen, Reed, Kidwiler, Bacon, and Wendell. Executive Session. A motion was made by Council Member Wendell, seconded by Council Member Corbett, to enter into Executive Session at 6:15 p.m. for p urposes of consulting with legal counsel regarding proposed or pending contractual matters with the City Manager, City Attorney, City Clerk, Mike Struck, Community Development Director, and Kevin Caitlin, Assistant to the City Manager, presen t. The motion carried by a unanimous vote. A motion was made by Council Member Corbett, seconded by Council Member Hansen, to exit Executive Session at 7:00 p.m. The motion carried by a unanimous vote. Adjourn. A motion was made by Council Member Kidwiler, seconded by Council Member Hansen, to adjourn the meeting at 7:02 p.m. The motion carried by a unanimous vote. CITY OF BROOKINGS Tim Reed, Mayor ATTEST: Shari Thornes, 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 2016-0514,Version:1 Action to cancel the October 25, 2016 Council Meeting. Summary: State Law requires official Council action to schedule or cancel a meeting. Cancelling the October 25, 2016 Council Meeting will allow the City Council to attend the Community Common Read Speaker Event. City of Brookings Printed on 7/21/2016Page 1 of 1 powered by Legistar™ 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 16-060,Version:1 Action on Resolution 16-060, a Resolution concurring in the placement of a Stop Sign on Folsom Street at its intersection with Division Avenue. Summary: This resolution will approve a stop sign on Folsom Street at its intersection with Division Avenue. Background: The Traffic Safety Committee discussed this request at their July 14, 2016 meeting. The committee discussed the traffic on Division Avenue, which is a gravel road used by trucking operations in the area, as well as visibility at the intersection. The committee reviewed the Manual of Uniform Traffic Control Devices (MUTCD), Section 2B.04, Right of Way at Intersections. The committee felt this intersection justified the need for a stop sign on Folsom Street because it intersects Division Avenue which is used for trucking operations and the poor visibility on the northeast corner of the intersection due to a tree. The MUTCD states the following: “Guidance: Engineering judgement should be used to establish intersection control.”,and “In addition, the use of Yield or Stop signs should be considered at the intersection of two minor streets or local roads where the intersection has more than three approaches and where one or more of the following conditions exist: B. The ability to see conflicting traffic on an approach is not sufficient to allow a road user to stop or yield in compliance with the normal right-of-way rule if such stopping or yielding is necessary.”The MUTCD also states “Once the decision has been made to control an intersection, the decision regarding the appropriate roadway to control should be based on engineering judgment. In most cases, the roadway carrying the lowest volume of traffic should be controlled.” In this case, Folsom Street would be the best location for the stop sign since it has the lowest volume of traffic along and visibility issues caused by the tree on the northwest corner of the intersection. The Traffic Safety Committee voted unanimously to approve a stop sign on Folsom Street at its intersection with Division Avenue (see attached drawing). The summary of discussion is as follows: Excerpt from Unapproved Minutes: BROOKINGS TRAFFIC SAFETY COMMITTEE City & County Government Center, Room 241 Thursday, July 14, 2016 12:10 p.m. The Brookings Traffic Safety Committee held its monthly meeting on Thursday, July 14, 2016, at 12:10pm in the City & County Government Center Suite 230, Room 241. Members Present: Skip Webster, Jackie Lanning, Carol Rettkowski, Becky Schmieding, Shayn Damm, Gary Gramm, Matt Bartley, John Howard and James Weiss. Tony Sonnenburg and Brian City of Brookings Printed on 7/21/2016Page 1 of 2 powered by Legistar™ File #:RES 16-060,Version:1 Lueders. Members Absent: Tim Heaton, Tony Sonnenburg, and Brian Leuders. Others Present:Justin Bucher, Jeremy Klingbile, Denise Dornbush, Terry Knutson and Joy Jensen. Call to Order: Additions to Agenda: None New Business: Request for a stop sign on Folsom Street at the intersection of Division Avenue. Lanning described that this request was brought to the City by a person employed at Prussman Construction. He stated their trucks use Division Avenue as part of their haul route. Division Avenue is a gravel road and he stated other companies in the area also use it as a haul route. He stated they had witnessed vehicles driving west bound on Folsom Avenue into the Agri-Cultures commercial development without stopping on Division Avenue to look for traffic. Lanning stated the west side of the intersection is a private driveway, and there is a large tree on the north east corner of the intersection that obstructs visibility for vehicles driving west. Lanning described the MUTCD warrants for 2-way stop signs and the following warrant would be met: Section 2B.04, which states “In addition, the use of Yield or Stop signs should be considered at the intersection of two minor streets or local roads where the intersection has more than three approaches and where one or more of the following conditions exist: B. The ability to see conflicting traffic on an approach is not sufficient to allow a road user to stop or yield in compliance with the normal right-of-way rule if such stopping or yielding is necessary.” The committee discussed that they wouldn’t be able to require a stop sign on the west side of the intersection.Damm/Rettkowski made a motion to recommend a stop sign on Folsom Street on the northeast corner of the intersection. All present voted aye. Motion passed. Submitted by: Chris Larson Fiscal Impact: The City will purchase and install one stop sign. Recommendation: Staff recommends approval. Attachments: Resolution Map City of Brookings Printed on 7/21/2016Page 2 of 2 powered by Legistar™ Resolution 16-060 Concurring in the Placement of a Stop Sign on Folsom Street at its Intersection with Division Avenue Whereas, Section 82-373 of the Revised Ordinance of the City of Brookings, provides for approval by the City Council for placement of stop signs in locations other than along through streets. Now, Therefore, Be It Resolved that the City Council concurs in the recommendation of the Traffic Safety Committee and the City Manager and approves the placement of a stop sign on Folsom Street at its intersection with Division Avenue. Passed and approved this 26th day of July, 2016. CITY OF BROOKINGS _________________ Tim Reed, Mayor ATTEST: ____________________________ Shari Thornes, 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 16-061,Version:1 Action on Resolution 16-061, a Resolution concurring in the placement of a Stop Sign on Christine Avenue at its intersection with 15th Street South. Summary: This resolution will approve a stop sign on Christine Avenue at its intersection with 15th Street South. Background: The Traffic Safety Committee discussed this request at their July 14, 2016 meeting. The City received a request from a citizen who witnessed that construction vehicles working on Christine Avenue south of 15th Street South do not stop when entering 15th Street South. The committee discussed the City Ordinance as it relates to “through streets” and even though 15th Street South is a collector street on the City’s Major Street Plan, it is not listed in the ordinance as a through street. Therefore, stop signs are discussed on those streets on a case-by-case basis. Property owners in the area requested the committee to consider traffic signals or 4-way stop signs at the intersection due to growing development, vehicle speeds, and concerns about pedestrians crossing the street. The committee discussed that a more in depth traffic study would need to be conducted to see if the intersection would meet warrants for a traffic signal or 4-way stop signs. The committee agreed this intersection justified the need for a stop sign on Christine Avenue on the south side of 15th Street South. The MUTCD states the following: “Guidance: Engineering judgement should be used to establish intersection control.”,and “Yield or Stop signs should be used at an intersection if one or more of the following condition exists: A. An intersection of a less important road with a main road where application of the normal right-of-way rule would not be expected to provide reasonable compliance with the law.”.The MUTCD also states “Once the decision has been made to control an intersection, the decision regarding the appropriate roadway to control should be based on engineering judgment. In most cases, the roadway carrying the lowest volume of traffic should be controlled.” In this case, Christine Avenue would be the best location for the stop sign since it has a lower volume of traffic. The Traffic Safety Committee voted unanimously to approve a stop sign on Christine Avenue on the south side of 15th Street South. The following is an excerpt from the unapproved committee minutes: Excerpt from Unapproved Minutes: BROOKINGS TRAFFIC SAFETY COMMITTEE City & County Government Center, Room 241 Thursday, July 14, 2016 12:10 p.m. City of Brookings Printed on 7/21/2016Page 1 of 3 powered by Legistar™ File #:RES 16-061,Version:1 The Brookings Traffic Safety Committee held its monthly meeting on Thursday, July 14, 2016, at 12:10pm in the City & County Government Center Suite 230, Room 241. Members Present: Skip Webster, Jackie Lanning, Carol Rettkowski, Becky Schmieding, Shayn Damm, Gary Gramm, Matt Bartley, John Howard and James Weiss. Tony Sonnenburg and Brian Lueders. Members Absent: Tim Heaton, Tony Sonnenburg, and Brian Leuders. Others Present:Justin Bucher, Jeremy Klingbile, Denise Dornbush, Terry Knutson and Joy Jensen. Call to Order: Additions to Agenda: None New Business: Request for 2-way stop signs at the intersection of 15th Street South and Christine Avenue Lanning described that a City police officer received a request while she was running radar in the area to install a stop sign on Christine Avenue at the intersection of 15 th Street South. The citizen explained that construction vehicles working on Christine Avenue don’t stop when entering 15 th Street South. Lanning described the City Ordinance lists “through streets” which are referenced in the Manual of Uniform Traffic Control Devices (MUTCD) as allowing stop signs at streets entering the through street. She described that there are some collector streets on the City’s Major Street Plan that are not listed in the ordinance as through streets, and stop signs are discussed on those streets on a case-by-case basis. Lanning pointed out there is already a stop sign on the north side of the intersection which she verified before the meeting. Jeremy Klingbile at 1424 Christine Avenue asked if a stop light would be warranted or to install a 4-way stop sign. Denise Dornbush of 1220 Christine Avenue agreed and said now there are 17 homes in the development south of 15 th Street South and she was worried about cars driving too fast with students crossing the street. Klingbile was concerned that a 4-way stop sign may create a back up of traffic and thought a traffic signal would be better at that intersection. Bucher added that Christine Avenue will be constructed to connect with 20 th Street South. Lanning read the MUTCD warrants for a 2-way stop sign that would be met is Section 2B.04, which states “that Yield or Stop signs should be used at an intersection if one or more of the following condition exists: an intersection of a less important road with a main road where application of the normal right-of-way rule would not be expected to provide reasonable compliance with the law.” She stated the intersection would need further study to see if it would warrant 4-way stop signs or a traffic signal. Schmieding stated that it would be a good idea to use the speed trailer on 15th Street South to alert vehicles of their speed and the committee agreed it would add enforcement since it is a school area. Schmeiding/Webster made a motion to recommend the speed trailer be used on 15 th Street South and to install a stop sign on Christine Avenue on the south side of 15 th Street South. All present voted aye. Motion passed. Submitted by: Chris Larson City of Brookings Printed on 7/21/2016Page 2 of 3 powered by Legistar™ File #:RES 16-061,Version:1 This resolution will authorize the installation of a new stop sign on Christine Avenue on the south side of 15th Street South. Fiscal Impact: The City will purchase and install one stop sign. Recommendation: Staff recommends approval. Attachments: Resolution Map City of Brookings Printed on 7/21/2016Page 3 of 3 powered by Legistar™ Resolution 16-061 Concurring in the Placement of a Stop Sign on Christine Avenue at its Intersection with 15th Street South Whereas, Section 82-373 of the Revised Ordinance of the City of Brookings, provides for approval by the City Council for placement of stop signs in locations other than along through streets. Now, Therefore, Be It Resolved that the City Council concurs in the recommendation of the Traffic Safety Committee and the City Manager and approves the placement of a stop sign on Christine Avenue at its intersection with 15 th Street South. Passed and approved this 26th day of July, 2016. CITY OF BROOKINGS _______________________ Tim Reed, Mayor ATTEST: ____________________________ Shari Thornes, 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 16-062,Version:1 Action on Resolution 16-062, a Resolution concurring in the placement of Stop Signs on 12th Street South at the intersection of Christine Avenue. Summary: This resolution will approve stop signs on 12th Street South at the intersection of Christine Avenue. Background: The Brookings City Council received a request from a citizen at their April 26th, 2016 City Council meeting regarding traffic issues on 12th Street South, generally between Christine Avenue and 22nd Avenue South. The City retained the services of HDR, Inc. to study the intersection of 12 th Street South and Christine Avenue and to determine if the intersection would meet the Manual of Uniform Traffic Control Devices (MUTCD) warrants for 4-way stop signs. The City Engineer’s Department performed traffic and pedestrian counts on May 16th and 17th, 2016, which HDR, Inc. staff used in the analysis of the intersection. HDR, Inc. stated in their report that “The intersection is part of the safe routes to school for students attending Mickelson Middle School and Camelot Intermediate School. The intersection is also comprised of two collector streets with varying demand during different times of the day, depending largely on school traffic. Therefore, Optional Conditions B and D appear to be satisfied. All-way stop would enhance the clarity of traffic control and improve peak hour operations.” The report recommends that All-way stop sign control should be installed at the 12th Street South and Christine Avenue intersection. The report is attached. This issue was also discussed by the Traffic Safety Committee previously in November, 2012. At that time, construction was underway on the Camelot Drainage Project which included tree removal that could change visibility at the intersection. The committee agreed the intersection should be monitored after the construction was completed and the issue was tabled. The City proceeded to monitor the intersection and initiated the traffic study in May, 2016, resulting in the above recommendation. Fiscal Impact: The City will purchase and install two stop signs at the intersection. Recommendation: Staff recommends approval. Attachments: Resolution Map HDR, Inc. Memo City of Brookings Printed on 7/21/2016Page 1 of 1 powered by Legistar™ Resolution 16-062 Concurring in the placement of Stop Signs on 12 th Street South at the intersection of Christine Avenue Whereas, Section 82-373 of the Revised Ordinance of the City of Brookings, provides for approval by the City Council for placement of stop signs in locations other than along through streets. Now, Therefore, Be It Resolved that the City Council concurs in the recommendation of HDR, Inc. and the City Manager and approves the placement of stop signs on 12 th Street South at the intersection of Christine Avenue. Passed and approved this 26th day of July, 2016. CITY OF BROOKINGS ______________________ Tim Reed, Mayor ATTEST: ____________________________ Shari Thornes, City Clerk 6300 S. Old Village Pl., Suite 100, Sioux Falls, SD 57108 P 605-977-7740 hdrinc.com 1 Technical Memo Date: Friday, July 15, 2016 Project: All-way stop study, 12th St. S./Christine Ave. To: Jackie Lanning From: Kjenstad, Laughlin Subject: Analysis Results This memorandum documents whether the conditions at the 12th St. S./Christine Ave. intersection meet the requirements for installation of all-way stop signs. 12th St. S. and Christine Ave. are both collector streets and the Christine Avenue approaches are currently controlled by stop signs. Both streets carry traffic to/from Brookings’ intermediate and middle schools. 6300 S. Old Village Pl., Suite 100, Sioux Falls, SD 57108 P 605-977-7740 hdrinc.com 2 Methodology: The Manual on Uniform Traffic Control Devices (MUTCD), published by the Federal Highway Administration, is the national standard for traffic signals, signs and markings. The MUTCD contains a procedure for determining whether all-way stop control is justified for a particular location. The MUTCD procedure provides the basis for the following analysis. All-Way Stop Analysis: Text of the MUTCD procedure is provided below in italics, followed by facts and analysis in bold type. The decision to install multi-way stop control should be based on an engineering study. The following criteria should be considered in the engineering study for a multi-way STOP sign installation: A. Where traffic control signals are justified, the multi-way stop is an interim measure that can be installed quickly to control traffic while arrangements are being made for the installation of the traffic control signal. The location does not currently meet the requirements for a traffic signal. B. Five or more reported crashes in a 12-month period that are susceptible to correction by a multi-way stop installation. Such crashes include right-turn and left-turn collisions as well as right-angle collisions. A total of 2 crashes have been reported at the locations during a 12-month period; the condition is not satisfied. C. Minimum volumes: 1. The vehicular volume entering the intersection from the major street approaches (total of both approaches) averages at least 300 vehicles per hour for any 8 hours of an average day; and 2. The combined vehicular, pedestrian, and bicycle volume entering the intersection from the minor street approaches (total of both approaches) averages at least 200 units per hour for the same 8 hours, with an average delay to minor-street vehicular traffic of at least 30 seconds per vehicle during the highest hour; but 3. If the 85th percentile approach speed of the major-street traffic exceeds 40 mph, the minimum vehicular volume warrants are 70 percent of the values provided in Items 1 and 2. The traffic counts indicate that the required volumes are not satisfied. Table 1 (attached) summarizes the hourly average count data. Average delay to minor street traffic averages 10.7 seconds during the morning peak and 8.3 seconds during the afternoon peak. D. Where no single criterion is satisfied, but where Criteria B, C.1 and C.2 are all satisfied to 80 percent of the minimum values. Criterion C.3 is excluded from this condition. The traffic counts and crash data indicate that this criterion is not satisfied. 6300 S. Old Village Pl., Suite 100, Sioux Falls, SD 57108 P 605-977-7740 hdrinc.com 3 Option: Other criteria that may be considered in an engineering study include: A. The need to control left-turn conflicts B. The need to control vehicle/pedestrian conflicts near locations that generate high pedestrian volumes; C. Locations where a road user, after stopping, cannot see conflicting traffic and is not able to negotiate the intersection unless conflicting cross traffic is also required to stop; and D. An intersection of two residential neighborhood collector (through) streets of similar design and operating characteristics where multi-way stop control would improve traffic operational characteristics of the intersection. The intersection is part of the safe routes to school for students attending Mickelson Middle School and Camelot Intermediate School. The intersection is also comprised of two collector streets with varying demand during different times of the day, depending largely on school traffic. Therefore, Optional Conditions B and D appear to be satisfied. All-way stop would enhance the clarity of traffic control and improve peak hour operations. Conclusion and Recommendation: Optional criteria are provided in the MUTCD procedure to address neighborhood intersections like 12th St. S./Christine Ave. where there are relatively large volumes of pedestrians during school transit times and conflicting vehicular movements as parents move between school buildings. The 12th St. S./Christine Ave. intersection appears to satisfy these optional criteria. Recommendation – All-way stop sign control should be installed at the 12th St. S./Christine Ave. intersection. TABLE 1 ‐ HOURLY VEHICLE VOLUMES 12TH ST. S./CHRISTINE AVE. HOUR NB WB SB EB 7‐8 113 133 56 146 8‐954703154 11‐12 15 44 38 58 12‐124562471 3‐4 71 112 62 96 4‐533984669 5‐6 44 126 50 106 MAJOR STREET  (12th St. S.) VEHICULAR TOTAL VOLUME: 1239 MAJOR STREET (12TH St. S.) VEHICULAR AVERAGE HOURLY VOLUME: 177 MINOR STREET TOTAL VEHICULAR VOLUME: 661 MINOR STREET AVERAGE HOURLY VEHICULAR VOLUME: 94 MINOR STREET TOTAL VOLUME (including pedestrians): 724 MINOR STREET AVERAGE HOURLY VOLUME(including pedestrians): 103 HOURLY VOLUMES 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 16-015,Version:1 Introduction and First Reading on Ordinance 16-015, an Ordinance to Rezone the S ½ of NW ¼ of Section 34-T110N-R50W from an Agricultural A District to a Single Family R-1C District, Single Family R-1D District, Two-Family Residence R-2 District, and Multi-Family Residence R-3 District and from a Single Family R-1C District to a Multi-Family R-3 District (West of Timberline Addition). Public Hearing: August 9, 2016. Proposal: Sioux Empire Development Corporation is proposing to rezone 80 acres of undeveloped land west of the Timberline Addition. The rezoning proposal involves approximately 31.5 acres of R-1C, 18 acres of R-1D, 2.5 acres of R-2, and 28 acres of R-3 zoned land. Land to the east of the rezoning is parting of the Timberline Addition and development continues to progress westward with infrastructure and housing units. The developer owns 20 acres to the north and 80 acres south of the proposed rezoning. The west boundaries of the rezoning proposing are within the flood plain boundaries. Summit Pass is a collector street as identified by the Major Street Plan and is planned for expansion west to West 16th Avenue. Additionally, the street network is planned to eventually extend south and connect with Brighton Road. Attachments: Notice SEDC July 5 2016 Current Zoning Map Rezoning Proposal Area Map Proposed Zoning Map Timberland Zoning Map Flood Plain Boundary Map Planning Commission Minutes City of Brookings Printed on 7/21/2016Page 1 of 1 powered by Legistar™ If you require assistance, alternative formats and/or accessible locations consistent with the Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48 hours prior to the meeting. Published ______ time(s) at an approximate cost of $ _____________. NOTICE OF HEARING UPON PETITION TO REZONE NOTICE IS HEREBY GIVEN That Sioux Empire Development Corporation submitted a petition to rezone the following described real estate in the City of Brookings, in Brookings County, South Dakota: S ½ of NW ¼ S34-T110N- R50W from an Agricultural A District to a Single Family Residence R-1C District, Single Family Residence R-1D District, Two-Family Residence R-2 District, and Multi-Family Residence R-3 District; and from a Single Family Residence R-1C District to a Multi-Family Residence R-3 District. NOTICE IS FURTHER GIVEN That said request will be acted upon by the City Planning Commission at 5:30 PM on Tuesday, July 5th, in the Chambers Room on the third floor of the Brookings City & County Government Center at 520 Third Street, Brookings, South Dakota. Any action taken by the City Planning Commission is a recommendation to the City Council. Any person interested may appear and be heard in this matter. Dated this 24th day of June. ____________________________ Mike Struck Community Development Director July 5, 2015 Planning Commission Minutes Sioux Empire Development Corporation has submitted a petition to rezone the S1/2 of NW1/4, S34-T110N-R50W from an Agricultural A District to a Single Family Residence R-1C District, Single Family Residence R-1D District, Two-Family Residence R-2 District, and Multi-Family Residence R-3 District; and from a Single Family Residence R-1C District to a Multi-Family Residence R-3 District. (Heuton/Fargen) Motion to approve the request to rezone. Tornquist, Aiken, Fargen and Gregg voted yes. Heuton and Drew voted no. MOTION CARRIED. Summary of Discussion This request is to rezone 80 acres, west of the Timberline area, into a mixed use development. Heuton is concerned about the R-3 Zoning that is being requested. He is concerned about the overall density in this area and also egresses out of this area. An R-3 District will allow for apartments which could make the end density of this area high. David Kneip spoke in favor of this proposal and the plans that Paul has for his developments in the past and future. All commissioners agreed that Paul has always done a great job with his planning. 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 16-014,Version:2 Public Hearing and Action on Ordinance 16-014, an Ordinance Amending Article III of Chapter 62 of the Code of Ordinances Pertaining to Weed Control. Summary: The ordinance amendment would exempt the Edgebrook Golf Course from the height restriction on grass. Background: Section 62-86 of the Municipal Code of Ordinances provides a 15 inch height restriction on vegetation within city limits with a couple of exemptions. Currently, the ordinance exempts retention/detention ponds and the Dakota Nature Park as these have vegetation management practices. Similarly, the Edgebrook Golf Course has a vegetation management practice whereby certain areas of the course are out of play and it is the desire to allow vegetation to grow and provide a natural delineation of the playable and nonplayable areas. Noxious weeds and unhealthy vegetation would still need to be managed appropriately; however, taller grasses would be encouraged in these areas. Recommendation: Staff recommends approval. Attachments: Ordinance - Marked City of Brookings Printed on 7/20/2016Page 1 of 1 powered by Legistar™ Ordinance 16-014 An Ordinance amending Article III of Chapter 62 of the Code of Ordinances of the City of Brookings and pertaining to Weed Control in the City of Brookings, SD. Be It Ordained and Enacted by the Council of the City of Brookings, State of South Dakota, as follows: I. Sec. 62-86. - Duty of Owner. No owner of any lot, place or area within the city, or the agent of such owner, or the occupant of such lot, place or area, shall allow or permit to remain upon any such lot, place or area, or upon any sidewalk or boulevard abutting the same any weeds, tall and undesirable grass or deleterious or unhealthful growths or other noxious matter that may be growing, lying or located thereon, and the growing of such weeds or other noxious or unhealthful vegetation is hereby declared to be a nuisance. The presence of primary or secondary noxious weeds as identified by the county weed board or the growth of any other vegetation referred to in this section to a height of 15 inches or more shall be prima facie evidence of such nuisance and a violation of this division. Hay which is periodically mowed and removed from public or private property shall not constitute a nuisance under this section. In addition, retention/detention ponds, and the Dakota Nature Park, and Edgebrook Golf Course shall not be subject to the requirements of this section because different vegetation management practices are intended to apply to these areas. II. Any or all ordinances in conflict herewith are hereby repealed. First Reading:July 12, 2016 Second Reading:July 26, 2016 Published:July 29, 2016 CITY OF BROOKINGS, SD Tim Reed, Mayor ATTEST: Shari Thornes, 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 2016-0510,Version:1 Action on a Letter of Intent between the City of Brookings and Brookings County for a real estate transfer. Summary: The City of Brookings has been approached by Brookings County with an offer to transfer ownership of the County Resource Center (CRC) located adjacent to the Swiftel Center, in exchange for the real property the City owns under the Outdoor Adventure Center (OAC), plus an additional cash amount. This land is part of the Dakota Nature Park although the City does not own the OAC building. This Letter of Intent is a non-binding agreement of mutual understanding prescribing a potential transaction of transferring the CRC from the County to the City in exchange for the City transferring the parkland under the OAC from the City to the County. If executed, this Letter of Intent would allow the parties to proceed to subsequent steps that would provide for completion of the property transfer. Background: The Swiftel Center was constructed in 1999 in partnership with Brookings County who constructed the CRC adjacent to the Swiftel Center for certain county functions. The City has always retained ownership of the land under the Swiftel Center/CRC. Several years ago, a private non-profit organization which became the Outdoor Adventure Center, wanted to develop a youth sporting center. They privately constructed the current building on South 22nd Avenue and the City provided a 99-year ground lease for $1 while retaining ownership of the land as the City’s contribution to the project. Over the years, as Swiftel Center activities grew and the County need for the CRC declined, the Swiftel Center’s expansion into the CRC space became a logical option to consider. However, the challenge remained about finding a suitable location for the remaining County services in the CRC. The County has had substantial dialogue about this very issue over the last few years. Recently, the OAC approached the County about the possibility to moving the remaining County services to the OAC in a partnership for the OAC building to provide all such services if the County would assume ownership of the OAC building. The OAC organization would be focused on programming and would be a user of the OAC building that the County would then own. As part of owning the OAC building, the County also wants to own the land under the building which the City currently leases to the OAC. This is where the City becomes involved in the transaction. It is important to note the City’s involvement is limited to a real estate transaction whereby the City would acquire the CRC building as an enhancement to the Swiftel Center by transferring our current land underneath the OAC from Dakota Nature Park to the County. The City is not a party to any of the transactions between the County and the OAC for ownership/acquisition/transfer of the OAC building, any use, operation, programming, or expense of operating the OAC building. City of Brookings Printed on 7/20/2016Page 1 of 2 powered by Legistar™ File #:ID 2016-0510,Version:1 Fiscal Impact: The fiscal impact would be capital outlay of $500,000 to Brookings County for the acquisition of the County Resource Center (CRC). This would be accomplished through five annual $100,000 payments with zero percent interest. There will be a slight increase in operating expenses by assuming the CRC but anticipate additional revenue through higher utilization of the meeting room space to augment Swiftel Center activities. There will likely be some future remodeling costs associated with the conference rooms. Recommendation: Staff recommends approval of the Letter of Intent so the real estate transaction can proceed to the next steps. Attachments: Letter of Intent City of Brookings Printed on 7/20/2016Page 2 of 2 powered by Legistar™ 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 2016-0519,Version:1 Action on a Memorandum of Agreement between the City of Brookings and South Dakota State University pertaining to the SDSU Performing Arts Center. Summary: In consideration of the investment from the City of Brookings to SDSU for the expansion of the Performing Arts Center in the amount of $6 million previously approved by the City Council, the investment is promulgated by an intergovernmental agreement which prescribes the terms and conditions of the investment, use privileges, and other items. It should be noted this Agreement deviates from our stated ADA Policy regarding project review by the City ADA Coordinator and the Brookings Committee for People who have Disabilities. Section 8b. should be amended as follows: Delete Section 8b. in its entirety and insert: 8b. The City shall provide, or cause to be provided, $5.5 million within 90 days of execution of this agreement. The remaining $500,000 shall be paid, or cause to be paid, within 30 days of City satisfaction of compliance with applicable ADA policies. Fiscal Impact: Provides for payments of $6 million over a period of 12 years beginning in 2017 from Fund 213, the Capital Public Improvement fund (75% second penny). Attachments: Memorandum of Agreement City of Brookings Printed on 7/21/2016Page 1 of 1 powered by Legistar™ Page 1 of 6 MEMORANDUM OF UNDERSTANDING REGARDING THE PERFORMING ARTS CENTER AT SDSU WHEREAS, the Seventy-Third session of the Legislature of the State of South Dakota by Chapter 107 (SB 23), signed March 13, 1998, authorized the Board of Regents to contract for the construction, completion, furnishing, equipping and maintaining of a Performing Arts Center at South Dakota State University, Brookings, at an estimated cost of $10,400,000 paid from other funds under the control of the Board of Regents, from gifts and grants to South Dakota State University specifically for this purpose, including bond proceeds provided by the City of Brookings, and from financing provided pursuant to chapter 13-51A, all of which were appropriated to the Board of Regents for the purposes of the act; and WHEREAS, Section 2 of the act provided that the Board of Regents should set aside the sum of $1,040,000 for the purpose of maintenance and repair of the facility to be paid from other funds under the control of the Board of Regents inc luding gifts and grants; and WHEREAS, Section 3 of the act empowered the Board of Regents to expend funds obtained for the purpose of the act and appropriated the funds to the Board; and WHEREAS, Section 4 provided that the administration of the design and construction of these facilities and oversight of building committees appointed therefor, as provided in Chapter 5-14-3 shall be under the general charge and supervision of the Governor and the executive director of the Board of Regents or their designees; and WHEREAS, the City of Brookings by virtue of the power granted to the City of Brookings under SDCL 9-12-4 and 9-12-5 has the power to enter into an agreement with the State of South Dakota and with any authorized agency of the state to carry out any authorized municipal function, and is authorized to give and convey any personal property of the municipality to the state to be used for an authorized public purpose upon the terms and in the manner provided by resolution of the governing body; and WHEREAS, the State of South Dakota caused to be platted property described as follows, to-wit: Plat of South Dakota State University, located in the Southwest Quarter of the West half of the northeast Quarter, Section 24, Township 110 North, Range 50 West, Brookings, Brookings County, South Dakota Page 2 of 6 and upon which real property is constructed the Performing Arts Center facility as authorized by Chapter 107 of the 1998 Session Laws for the State of South Dakota; and WHEREAS, the State of South Dakota is expanding the original construction of the Performing Arts Center facility on the campus of South Dakota State University, Brookings, South Dakota, on behalf of the Board of Regents of the State of South Dakota, as authorized by 2016 HB 1016; and WHEREAS, the City of Brookings has determined the facility has positive, far - reaching benefits that extend well beyond that of South Dakota State University which will aid in the Brookings area becoming a major destination and generator for the appreciatio n and expansion of cultural awareness, fine arts, and artistic creativity warranting the City of Brookings’ commitment to contribute to the financing for the expansion of said facility to enhance the availability of multi-use facilities for the City and surrounding area; and WHEREAS, in order to recognize the cooperative effort of the City of Brookings and South Dakota State University for the use of the facility, which is being jointly expanded, and in order to reduce to writing the contractual obligatio n of the Board of Regents and the local unit of government, namely, the City of Brookings, a municipal corporation of the State of South Dakota, the undersigned parties have approved this Memorandum of Understanding for intergovernmental cooperation with respect to the Performing Arts Center. NOW, THEREFORE, this Memorandum of Understanding and legal binding contract is entered into by and between the Board of Regents of the State of South Dakota on behalf of South Dakota State University and the City of Brookings, a municipal corporation of the State of South Dakota, to replace all prior agreements of the parties and to set forth in writing in general terms the funds to be provided by the City of Brookings for the Performing Art Center construction and e xpansion and the right of access to the facility and the nature of the cooperative arrangements, which will be utilized in the use of the facility to maximize the benefit, not only to the campus of South Dakota State University, but also to the City of Brookings and surrounding Brookings County area. 1. All parties to this agreement recognize that this is a legal binding contract granting right of access to the facility in the manner contractually established by the Board of Regents and the City of Brookings, which is granted and given in consideration of the payment by the City of Brookings of $6,000,000 for the original construction and $6,000,000 for the expansion of and the equipping and furnishing of a Performing Arts Center facility at South Dakota State University, Brookings, South Dakota. Page 3 of 6 2. All parties to this agreement recognize that the facility is primarily intended for the educational and cultural needs of the campus of South Dakota State University, under the direction of the Board of Regents. 3. The administration of South Dakota State University, through the Board of Regents, shall be responsible for the primary management and maintenance of the facility, including scheduling, security, maintenance, control of food service, formulation and enforcement of building rules, and establishment of fee schedules for use of the facility. A copy of the South Dakota State University Performing Arts Center Policy is provided in Appendix A. This policy is subject to revision by South Dakota State University over the course of the lifetime of this Memorandum of Understanding. 4. Special activities, such as events sponsored by the City of Brookings, the Brookings School District, or other community organizations for which other accommodations in the surrounding area are not available or appropriate, shall be scheduled and permitted when the facility is available and not needed for other duly scheduled events or activities. South Dakota State University shall make available fifty (50) days in each calendar year for scheduling in the facility for use by Brookings School District or groups sponsored by the City. The priority of users of the facility is established in the South Dakota State University Performing Arts Center Policy (See Appendix A). In consideration of the financial participation from the City of Brookings toward this project, the City of Brookings will be entitled use of the facility through South Dakota State University adopted scheduling and reservation procedures, guaranteeing up to ten (10) days for each calendar year without a facility rental charge for a period of twenty-five (25) years after South Dakota State University’s final acceptance of the expanded Performing Arts Center. Once scheduled, the reservations will not be revoked by the managing entity due to other priorities, absent written agreement of the parties. The City of Brookings will pay applicable set-up, equipment, custodial, food service, or security fees associated with the use pursuant to South Dakota State University’s usual and customary fee schedule for such services. Upon expiration of the twenty-five (25) year period, priority scheduling set forth in this Memorandum of Understanding shall continue, but all access will be subject to the facility rental charges an d all other fees in accordance with South Dakota State University’s Performing Arts Center customary fee schedules. Page 4 of 6 5. The administration of South Dakota State University shall cooperate with City and School District officials and other organizations in t he use of the facility for major spectator events or other activities to the extent that such events do not cause hazards to the maintenance of the facility or conflict with regularly scheduled South Dakota State University events or activities. 6. All parties to this agreement agree to the establishment of an advisory committee comprised of three (3) members, said members including: (1) the Executive Vice President for Academic Affairs at South Dakota State University, or designee; (2) the Mayor of the City of Brookings, or designee from the Brookings City Council; and (3) the Superintendent of the Brookings School District, or designee. Other individuals may be invited to attend meetings of the advisory committee with the consent of all members of the advisory committee in an ex-officio capacity. The primary function of the committee shall be to further the cooperative effort among the parties regarding use of the facility for major spectator events or other appropriate activities. The committee shall make recommendations to the administration of South Dakota State University on the matters listed below and other issues as the committee deems appropriate: a) Short and long-term scheduling plans for the use of the Performing Arts Center by the School District, City, and University; b) Annual identification of community arts, cultural, music or other groups eligible for sponsorship by the City of Brookings for use of the facility at actual cost. This list will be reviewed and revised on an annual basis; and c) Improvements in operation policies and procedures which will enhance utilization of the Center. Only members of the Advisory Committee may formally vote to forward a recommendation. In the event of disagreement, the administration of South Dakota State University shall be the final deciding authority. 7. Any use of the Performing Arts Center by the City of Brookings or the Brookings School District shall not result in any liability to South Dakota State University, the South Dakota Board of Regents, or the State of South Dakota arising from the use of the facility. Any liability that may arise from the use of the Performing Arts Center shall be the sole responsibility of the sponsors of any such event or activity scheduled for the facility. Page 5 of 6 8. The parties hereby agree that the Performing Arts Center expansion project will be completed in accordance with the federal ADA provisions and that the City of Brookings ADA Policy adopted November 25, 2003, will be followed in the SDSU Performing Arts Center expansion construction project as follows: a. The City will review and approve the project drawings prior to project bid date. The City will review and approve change orders that have an ADA component for conformity with City ADA requirements and as set forth in Section 8 herein. Thereafter, all reviews and approvals by City shall only be for review that the said City ADA requirements contained in the approved project drawings and change orders were complete d. City shall provide its review and feedback within the two (2) week review period that is standard in University and State Engineer processes. Construction and all installations must adhere to the ADA approved plans prepared by the architect and the architect’s agent. The City shall participate in the Design Development Phase of the project for ADA review as to specifications previously approved. b. The City shall provide $6,000,000 in funding towards the Performing Arts Center expansion project as follows: (1) $5,000,000 in funding upon proper approval and execution of this agreement ; (2) A progress payment of $500,000 shall be made by the City upon the end of the Design Development Phase; and (3) the remaining $500,000 shall be paid by City to University at completion of the project City ADA requirements in conformity with the approved bid drawings and change orders. c. The City’s specific ADA requirements for Family Restrooms, Platform Lifts, and Automatic Door Openers as set forth in the above referenced City’s ADA policy will be complied with to the extent they are not otherwise required by the federal ADA. The City may advise the University regarding other “Best Practices” standards of the City’s ADA policy referenced herein that are not required by the federal ADA, however, the University shall consider this advisory information and may decide whether to accept the Best Practice as the construction standard, or defer to the requirements of the federal ADA. d. Upon final acceptance and occupancy of the building by the University, all ADA grievances and complaints shall be submitted to the University Title IX/EO Coordinator for handling in compliance with South Dakota Board of Regents and University policies and procedures. Referrals Page 6 of 6 from the University may be made to the City process, if required, on a case by case basis. This Memorandum of Understanding does not constitute a binding contract concerning the specific use of the facility for any specific events, but it does impose an obligation and duty upon the State of South Dakota to provide for a right of access to the facility in the manner contractually established herein. This Memorandum of Understanding may be terminated by the South Dakota Board of Regents for failure of appropriation which shal l result in no liability to the State, the Board of Regents, or South Dakota State University for said termination. At the expiration of twenty-five (25) years as set forth in section 4 herein, this Memorandum of Understanding may be unilaterally terminated by the South Dakota Board of Regents without penalty or liability. This Memorandum of Understanding for the intergovernmental cooperation and use of the facility being constructed on the campus of South Dakota State University is executed by South Dakota State University and is accepted and agreed to by the Board of Regents and the City of Brookings. THIS DOCUMENT WAS SIGNED BY REPRESENTATIVES OF: SOUTH DAKOTA BOARD OF REGENTS CITY OF BROOKINGS BROOKINGS PUBLIC SCHOOL DISTRICT 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 2016-0511,Version:1 Discussion and possible action on the selection of Developer for Brookings Marketplace. Summary: The City purchased the old Department of Transportation maintenance facility in 2014, approximately 26 acres, with the purpose of entering into a public-private partnership with a private developer for purposes of providing more retail development opportunities for the City of Brookings. Since the City has no desire to develop the property, it was determined to partner with the private sector to undertake development and limit our participation to only that of the current owner through development facilitation to subsequently get the developed property in the ownership of the private sector. The City issued Requests for Proposals and received four responses. The proposals were discussed and reviewed at a previous Council meeting. The Council subsequently requested further specific information from the four proposers, three of which responded. If the project is to move forward, the City Council must select one developer with whom to undertake development. City of Brookings Printed on 7/21/2016Page 1 of 1 powered by Legistar™ 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 2016-0517,Version:1 Council Members further input on the proposed 2017 budget Summary: At Budget Workshop #2 which was held on July 19, the Council expressed a desire to have the opportunity to provide staff with additional feedback pertaining to the budget development process at the regular council meeting. This time on the regular agenda would be the opportunity to do that if councilors had further information for staff. City of Brookings Printed on 7/20/2016Page 1 of 1 powered by Legistar™