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HomeMy WebLinkAbout2013_02_12 CC PKT1 Brookings City Council Tuesday, February 12, 2013 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. TOUR STREET DEPARTMENT, 125 7th Ave. 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 the minutes. C. Action to approve an appointment to the Park & Recreation Board. D. Action on Resolution No. 11-13, a Resolution Setting Forth a Schedule of Proposed Fines for Violations of the Ordinances of the City of Brookings, South Dakota (littering, excavation, texting). E. Action on Resolution No. 12-13, a Resolution Fixing Time and Place for Hearing Upon Assessment Roll for Street Assessment Project No. 2012-09STA, (25th Avenue and 10th Street Project). F. Action to abate the 2013 Drainage Fees for 815 Medary Avenue and 317 11th Street, SDSU Foundation (40365-00700-005-00 and 40960-11050-232-10). G. Action on Resolution No. 16-13, a Resolution authorizing Change Order No. 2 for the Dakota Nature Park – Nature Center; Clark Drew Construction, Inc. Action: Motion to Approve, Request Public Comment, Roll Call 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. February 12, 2013 City of Brookings 2 Open Forum/Presentations/Reports 6. Open Forum. 7. SDSU Student Senate Report. Contracts & Change Orders 8. Action on Resolution No. 13-13, a Resolution authorizing the Mayor to Sign an Amendment to Agreement for Professional Services for Brookings Regional Airport Project No. AIP #3-46-0005-025-2012, Design and Construction of Runway 11/29 Realignment Phase I. Action: Motion to approve, request public comment, roll call 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. Second Readings & Public Hearings 9. Public hearing and action on Ordinance No. 01-13, an Ordinance Rezoning Lots 1-6, 6A, 7-15, 15A, 16-47, and the vacated alley and park lot adjacent thereto, in Fishback Subdivision; and Lots 4-7, Block 17, Morehouse Addition from a Residence R-2 District to a Residence R-1C District. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 10. Public hearing and action on Ordinance No. 02-13, an Ordinance for a Conditional Use permit to establish a sorority/fraternity on Lot 4, Block 2, Peterson’s First Addition (712 Main Avenue). Action: Open & Close Public Hearing, Motion to Approve, Roll Call 11. Public hearing and action on Resolution No. 14-13, a Resolution upon a petition to vacate W. 16th Avenue abutting Outlot A in the N ½ of Section 27-T110N-R50W, Sublot A of Outlot 1 in the NW ¼ of Section 27-T110N-R50W, and Outlots 1A and 2 in the NE ¼ of Section 28-T110N-R50W. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 12. Public hearing and action on an Off-Sale Malt Beverage Alcohol License for the Brookings Brownstone Inc., dba The Brownstone, Lorraine & Brennan Sullivan, Owners, Lot 7, Block 3, Original Plat Addition, 313 Main Avenue. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 13. Public hearing and action on Resolution No. 15-13, a Resolution of Intent to Lease Real Property in Wiese and Freeland Additions Action: Open & Close Public Hearing, Motion to Approve, Roll Call February 12, 2013 City of Brookings 3 Other Business 14. Proposed 2013 Strategic Plan. Action: Motion to Approve, Request Public Comment, Roll Call 15. 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. 16. 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 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. February 12, 2013 City of Brookings 4 CONSENT AGENDA #4 4. Action to approve the following Consent Agenda Items:* A. Action to approve the agenda. B. Action to approve the minutes. C. Action to approve an appointment to the Park & Recreation Board. D. Action on Resolution No. 11-13, a Resolution Setting Forth a Schedule of Proposed Fines for Violations of the Ordinances of the City of Brookings, South Dakota (littering, excavation, texting). E. Action on Resolution No. 12-13, a Resolution Fixing Time and Place for Hearing Upon Assessment Roll for Street Assessment Project No. 2012- 09STA, (25th Avenue and 10th Street Project). F. Action to abate the 2013 Drainage Fees for 815 Medary Avenue and 317 11th Street, SDSU Foundation (40365-00700-005-00 and 40960- 11050-232-10). G. Action on Resolution No. 16-13, a Resolution authorizing Change Order No. 2 for the Dakota Nature Park – Nature Center; Clark Drew Construction, Inc. *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 February 12, 2013 City of Brookings 5 CONSENT AGENDA #4 B. Action to approve minutes. The draft January 22nd Brookings City Council minutes are enclosed for Council review and approval. February 12, 2013 City of Brookings 6 Brookings City Council January 22, 2013 (unapproved) The Brookings City Council held a meeting on Tuesday, January 22, 2013 at 5:00 p.m., at City Hall with the following members present: Mayor Tim Reed, Council Members John Kubal, Mike McClemans, Ope Niemeyer, Keith Corbett, Jael Thorpe and Tom Bezdichek. City Attorney Steve Britzman, City Manager Jeff Weldon and City Clerk Shari Thornes were also present. Consent Agenda. Action to approve appointment of Hanna Larsen to the Human Rights Committee, SDSU Student Position, and reappointment of Zeno Wicks to Brookings Health Systems Board of Trustees was added to the consent agenda. A motion was made by Corbett, seconded by Kubal, to approve the consent agenda as amended. A. Action to approve the agenda as amended. B. Action to approve the January 8th and January 15th Council meeting minutes. C. Action on Resolution No. 04-13, a Resolution Directing Preparation of Assessment Roll, Dividing Assessments Into Installments, and Providing for the Collection thereof for Street Assessment Project 2012-09STI 25th Avenue and 10th Street Construction Project. Resolution No. 04-13 - Resolution Directing Preparation of Assessment Roll, Dividing Assessments into Installments, and Providing for the Collection thereof for Street Assessment Project 2012-09STA 25th Avenue and 10th Street Construction Project Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows: 1. More than twenty days have elapsed since the adoption and publication of Resolution of Necessity No. 40-12 for Street Assessment Project No. 2012-09STA. The referendum has not been invoked, and no written protests against the making of said improvement have been filed with the City Manager. 2. A contract for Street Assessment Project No. 2012-09STA has been duly executed, and the City Council is authorized to levy special assessments pursuant to the provisions of chapter 9-43, SDCL 1967, as amended. 3. The City Engineer has caused an estimate of the expense of the work to be made and filed in her office showing the total cost of said improvement as follows: Contract price $398,504.93; Engineering, inspection, testing $43,668.48; Total Expense of $442,173.41. 4. The total cost of said improvement shall be paid as follows: Assessable costs $361,443.54; City Assumed Extra Width and Thickness and CCO1 $80,729.87. 5. There shall be made and filed in the office of the City Clerk an assessment roll for said improvement. The assessments shall be on the basis of benefits upon each lot or tract of land contiguous to the sidewalk constituting said improvement. 6. The assessment shall be divided into ten (10) equal annual installments. February 12, 2013 City of Brookings 7 7. Unless paid to the City in advance of maturity, the assessments shall be collected by the City Manager in accordance with the procedure for Plan One in Chapter 9-43, SDCL 1967, as amended. 8. The interest rate to be borne by the unpaid installments of the special assessment is ten percent (10%). D. Action to abate a portion of the 2013 drainage fee for 3028 Highway 14 Bypass, A & B Rental, LLC, Parcel No. 40610-00300-000-00 and 40610-00400-001-00. E. Action to abate a portion of the 2012 taxes ($286.36) for a mobile home on a leased site at Lamplighters #131, 408 3rd Avenue South, Tim Moran owner. F. Action to abate a portion the 2012 taxes ($8616.33) for Lot X of Airport Hangar Addition, previously owned by Pheasant Fury, Randy Hanson. G. Action on Resolution No. 05-13, a Resolution Authorizing State Water Plan Application and Related Grant/Loan Applications on the Division Avenue Drainage Improvement Project. Resolution No. 05-13 - Resolution Authorizing State Water Plan Application and Related Grant/Loan Applications Division Avenue Drainage Improvement Project Submittal of Applications for Infrastructure Financing Whereas, the City of Brookings has determined a need for a drainage improvement project near Division Avenue; and Whereas, financial assistance will be necessary to enable the City to construct this project; and Whereas, the South Dakota Department of Environment and Natural Resources provides grants and low-interest loans to eligible applicants for financing water, wastewater, and storm water infrastructure projects. Now, Therefore Be It Resolved: 1) The City of Brookings hereby authorizes the filing of a State Water Plan and grant and/or loan applications with the South Dakota Department of Environment and Natural Resources, including all understandings and assurances contained therein, to fund its drainage improvement project. 2) Be it further resolved, that the City of Brookings hereby authorizes the City Manager to act as Project Certifying Officer in connection with the applications, grant and/or loan agreements, and other required forms, and to provide such additional information as may be required by the South Dakota Department of Environment and Natural Resources. February 12, 2013 City of Brookings 8 H. Action on Resolution No. 06-13, a Resolution Authorizing the Mayor to Sign Documents for P3368(02) PCN 03CA 12th Street South from Main Avenue South to Medary Avenue South, Brookings. Resolution No. 06-13 - A Resolution Authorizing the Mayor to Sign Documents for P3368(02) PCN 03CA; 12th St. So. from Main Ave. So. to Medary Ave. So., Brookings Whereas, the Brookings City Council desires the construction of Project P3368(02) PCN 03CA, 12th Street South from Main Avenue South to Medary Avenue South in Brookings, SD; Whereas, the City of Brookings is obligated and hereby agrees to provide proper maintenance as required for the project after construction is completed in accordance with State and Federal requirements; Whereas, the City of Brookings certifies that all work involved in the project will take place within the City’s right-of-way and easements, and that no additional right-of-way is required. Now Therefore Be It Resolved that the mayor of the City of Brookings is authorized to sign the Right-of-Way Certificate, Utility Certificate, Bid Letting Authorization, and Agreements for Voluntary Right of Way Donations for Project P3368(02) PCN 03CA for 12th Street South between Main Avenue South and Medary Avenue South, Brookings, SD I. Action on Resolution No. 07-13, a Resolution Authorizing the Mayor to Sign Documents for P3301(11) PCN 03CD Medary Avenue from North Campus Road to North City Limits, Brookings. Resolution No. 07-13 - A Resolution Authorizing the Mayor to Sign Documents for P3301(11) PCN 03CD; Medary Ave. from North Campus Road to North City Limits Whereas, the Brookings City Council desires the construction of Project P3301(11) PCN 03CD, Medary Avenue from North Campus Drive to North City Limits in Brookings, SD; Whereas, the City of Brookings is obligated and hereby agrees to provide proper maintenance as required for the project after construction is completed in accordance with State and Federal requirements; Whereas, the City of Brookings certifies that all work involved in the project will take place within the City’s right-of-way and easements, and that no additional right-of-way is required. Now Therefore Be It Resolved that the mayor of the City of Brookings is authorized to sign the Right-of-Way Certificate, Utility Certificate, Bid Letting Authorization, and Agreements for Voluntary Right of Way Donations for Project P3301(11) PCN 03CD for Medary Avenue from North Campus Road to North City Limits, Brookings, SD February 12, 2013 City of Brookings 9 J. Approve the following Volunteer Board Appointments: Human Rights Committee: appoint Hanna Larsen to the SDSU Student Position (term expires: May 1, 2013.) Brookings Health Systems Board of Trustees: reappoint Zeno Wicks (term: 1/1/2013- 1/1/2016). On the motion, all present voted yes; motion carried. Presentation of Annual Dr. Martin Luther King, Jr. Contest. This year’s theme for the poster contest was “We may all have come on different ships, but we’re in the same boat now.” The theme for the essay contest was “An individual has not started living until he can rise above the narrow confines of his individualistic concerns to the broader concerns of all humanity.” Poster Award winners were: Kindergarten: Ryan He. 1st Grade: 1st Place - Brooklyn Benthin, 2nd Place - Madeline Vogel, 3rd Place - Carson Odde. 2nd Grade: 1st Place - Zoe Ritter, 2nd Place - Hannah Denholm. 3rd Grade: 1st Place - Tristina Ting, 2nd Place - Kayla Kiecksee. 4th-5th Grades: 1st Place - Nikita Rohila, 2nd Place - Caden McKeown, 3rd Place - Abby Ayres, Honorable Mentions Elise Twitero and Allison Gross. Essay Award winners were: Middle School: 1st Place - Kashfia Rahman, 2nd Place - Kayli Oetken. High School – 9th Grade: 1st Place - Kevin Wu, 2nd Place - Lucas Abraham, 3rd Place - Jesse Widner. High School: 1st Place - Zarin Rahman. Resolution No. 08-13. A motion was made by Niemeyer, seconded by Kubal, to approve Resolution No. 08-13, a Resolution Authorizing Change Order No. 1 (CCO#1 Final) for 2012- 07STI Freight On Board Project Bowes Construction Inc. All present voted yes; motion carried. Resolution No. 08-13 - A Resolution Authorizing Change Order No. 1 (CCO#1 Final) for 2012- 07STI Freight On Board Project; Bowes Construction Inc. Be It Resolved by the City Council that the following change order be allowed for 2012-07STI Freight on Board Project: Construction Change Order Number 1 Final. Adjust estimated bid quantities to “as-built” quantities for a total increase of $11,043.04 to close out the project. First Reading: Ordinance No. 01-13. A first reading was held on Ordinance No. 01-13: An Ordinance Rezoning Lots 1-6, 6A, 7-15, 15A, 16-47, and the vacated alley and park lot adjacent thereto, in Fishback Subdivision; and Lots 4-7, Block 17, Morehouse Addition from a Residence R-2 District to a Residence R-1C District. Public Hearing: February 12, 2013. First Reading: Ordinance No. 02-13. A first reading was held on Ordinance No. 02-13: An Ordinance for a Conditional Use permit to establish a sorority/fraternity on Lot 4, Block 2, Peterson’s First Addition (712 Main Avenue). Public Hearing: February 12, 2013. Ordinance No. 32-12. A public hearing and action was held on Ordinance No. 32-12, an Ordinance granting to NorthWestern Corporation, its successors and assigns, the right to occupy any of the streets, alleys, or public places of the City of Brookings, South Dakota, for the purpose fo transmitting or distributing natural gas. A motion was made by Bezdichek, seconded by Corbett, to table the public hearing and action Ordinance No. 32-12 to February 26, 2013. All present voted yes; motion carried to TABLE. February 12, 2013 City of Brookings 10 Resolution No. 09-13. A motion was made by Thorpe, seconded by McClemans, to approve Resolution No. 09-13, a Resolution Federal Aid Surface Transportation Program. All present voted yes; motion carried. Resolution No. 09-13 - 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: Location, Length, Structure Number: 3rd Street from Medary Ave. to 22nd Ave. So. AND Type of Construction: Milling, Asphalt Overlay, Sidewalk, Curb & Gutter, Pavement Markings. Whereas, the City of Brookings will provide a list of current landowners adjacent to the project; 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. 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. 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 “Local Roads Plan” and the State’s “Standard Specifications for Roads and Bridges,” the project described. Estimated Cost of the Project including Engineering: $550,000 STP Funds: $550,000 Local Funds (if needed to meet construction year): $0 Proposed Year of Construction: 2016 Resolution No. 10-13. A motion was made by Kubal, seconded by Corbett, to approve Resolution No. 10-13, a Resolution supporting a Capital Campaign for Brookings Health System Foundation. All present voted yes; motion carried. Resolution No. 10-13 - A Resolution Supporting a Capital Campaign for Brookings Health System Foundation Whereas, the community of Brookings has a tradition of striving for optimum quality of life, including health care; and February 12, 2013 City of Brookings 11 Whereas, Brookings Health System is our municipal community health system with a goal of INSPIRING HEALTH for the people of our community; and Whereas, Brookings Health System Foundation enables individuals, families, and businesses to participate in healthcare philanthropy to help Brookings Health System fulfill its mission; and Whereas, Brookings Health System Foundation relies on private and corporate gifts to: support charity health care for those less fortunate, support health and wellness education, improve patient care through facility, equipment and technology upgrades; and Whereas, Brookings Health System is Inspiring Health by building a state-of-the-art household model skilled nursing facilities, The Neighborhoods at Brookview, and Whereas, Brookings Health System Foundation is conducting a campaign to support The Neighborhoods at Brookview, through its “Make this House a Home” campaign with a goal to raise $600,000 by June 1, 2013. Now, Therefore Be It Resolved by the City Council of the City of Brookings that the City Council endorses and gives its unqualified support to the “Make this House a Home” campaign and encourages the community to support the Brookings Health System Foundation with this effort to improve health care and the quality of life for Brookings. Adjourn. A motion was made by Corbett, seconded by McClemans, to adjourn. All present voted yes; motion carried. Meeting adjourned at 7:20 p.m. CITY OF BROOKINGS ATTEST: Tim Reed, Mayor Shari Thornes, City Clerk February 12, 2013 City of Brookings 12 CONSENT AGENDA #4 C. Action to approve an appointment to the Park & Recreation Board. Mayor Reed has submitted the following appointment recommendation for City Council advice and consent: Park & Recreation Board – student position Number of positions: 1 (vacancy) Term Length: 1 year Residency: Not required Purpose: The Park & Recreation Board provides advice to the Director of Parks, Recreation and Forestry to assist in fulfilling the administering of the public park system, recreation programs and city forestry program. The Board also advises the City Council and makes recommendations on matters regarding park capital improvements and planning. Mayor’s Recommendation: Sara Bentzen February 12, 2013 City of Brookings 13 CONSENT AGENDA #4 D. Action on Resolution No. 11-13, a Resolution Setting Forth a Schedule of Proposed Fines for Violations of the Ordinances of the City of Brookings, South Dakota (littering, excavation, texting). To: Mayor Tim Reed and Council Members, Jeff Weldon, City Manager, and Shari Thornes, City Clerk From: Jeff Miller, Chief of Police Re: Texting Ordinance Fine/Littering Ordinance Resolution 11-13 provides for a fine schedule for littering, texting and excavation offenses. Ordinances No. 28-12 (Excavation), No. 29-12 (Prohibiting Littering) and 31- 12 (Prohibiting Texting while Driving) were approved by the City Council at their December 18, 2012 meeting. A fine schedule was not affixed for them at that time. The proposed fines are a $60.00 fine and an additional $60.00 for court costs. February 12, 2013 City of Brookings 14 Resolution No. 11-13 A Resolution setting forth a Schedule of Proposed Fines for Violations of the Ordinances of the City of Brookings, South Dakota. Be It Resolved by the Governing Body of the City of Brookings, South Dakota, that the following Schedule of Proposed Fines shall be effective as prescribed by law for all violations of Ordinances set forth herein. SCHEDULE OF PROPOSED FINES WITH COURT COSTS Section Offenses Fine Costs Total Miscellaneous Offenses: 70-37 Littering 60.00 60.00 120.00 74-141 – Excavation Offenses 100.00 60.00 160.00 74-149 Excavation Offenses 82-312 Texting 60.00 60.00 120.00 Passed and approved this 12th day of February, 2013. CITY OF BROOKINGS: _______________________ Tim Reed, Mayor ATTEST: __________________________ Shari Thornes, City Clerk February 12, 2013 City of Brookings 15 CONSENT AGENDA #4 E. Action on Resolution No. 12-13, a Resolution Fixing Time and Place for Hearing Upon Assessment Roll for Street Assessment Project No. 2012- 09STA, (25th Avenue and 10th Street Project). This project is a street assessment project that entails grading, gravel, curb & gutter, storm sewer, detention pond, asphalt and striping and is located north of the Wal-Mart area. The street project has been closed out and this resolution is the next step in the assessment process. This resolution will set the meeting date for the public hearing for the assessment project. The final resolution will include the deferred assessment information adopted by the City Council in the Memorandum of Understanding with the property owner. The public hearing is scheduled for February 26, 2013. Resolution No. 12-13 Resolution fixing time and place for Hearing Upon Assessment Roll for Street Assessment Project No. 2012-09STA (25th Avenue and 10th Street Project) Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows: 1. The assessment roll for Street Assessment Project No. 2012-09STA having been filed in the office of the City Clerk on the 5th day of February, 2013, the City Council shall meet in the Chambers, Brookings City & County Government Center, in said City on Tuesday, the 26th day of February, 2013 at 6:00 o'clock PM, the said date being not less than twenty (20) days from the filing of said assessment roll for hearing thereon. 2. The City Engineer is authorized and directed to prepare a notice describing, in general terms Street Assessment Project No. 2012-09STA, the date of filing the assessment roll, the time and place of hearing thereon, stating that the assessment roll will be open for public inspection at the office of the City Engineer and referring to the assessment roll for further particulars. 3. The City Clerk is authorized and directed to publish said notice in the official newspaper at least one (1) week prior to the date set for hearing and to mail a copy thereof, by first class mail addressed to the owner or owners of any property to be assessed at his, her or their last mailing address as shown by the records of the Director of Equalization at least one (1) week prior to the date set for said hearing. Passed and approved this 12th day of February, 2013. CITY OF BROOKINGS ATTEST: Tim Reed, Mayor Shari Thornes, City Clerk February 12, 2013 City of Brookings 16 CONSENT AGENDA #4 F. Action to abate the 2013 Drainage Fees for 815 Medary Avenue and 317 11th Street, SDSU Foundation (40365-00700-005-00 and 40960-11050-232- 10). The drainage fee billing is performed by the City for several public entities that are exempt from property taxes such as SDSU, DOT, BMU, etc. Brookings County includes the drainage fees for all other properties with the annual property tax statements. The drainage fee for two properties owned by the SDSU Foundation was mistakenly sent to Brookings County for inclusion on the property tax statements; however, these properties are exempt from property taxes and the drainage fee is billed by the City. The two properties are: 815 Medary Avenue Parcel No. 40365-00700-005-00 2013 Drainage Fee: $461.70 317 11th Street Parcel No. 40960-11050-232-10 2013 Drainage Fee: $334.38 This motion will abate the drainage fees from the County billing, and allow the City to invoice SDSU Foundation directly for the same corresponding drainage fees. February 12, 2013 City of Brookings 17 CONSENT AGENDA #4 G. Action on Resolution No. 16-13, a Resolution authorizing Change Order No. 2 for the Dakota Nature Park – Nature Center; Clark Drew Construction, Inc. The Dakota Nature Park is located on 22nd Ave. South on the site of the previous city landfill. This phase of the project entails construction of a new Nature Center Building in the southwest corner of the site. This is the second of several phases under which the park will be developed. The new Nature Center Building will be approximately 5,300 sq. ft. and will include a large classroom, a large atrium (second classroom) with exhibits and reception desk, a four season porch/meeting room, a storage room for outdoor gear, mechanical and custodial rooms, and three bathrooms. The building project additionally includes landscaping in the immediate area around the building, geothermal, and a city waterline. Change Order No. 2 addresses the reduction of the waterline servicing the Nature Center from the north from a 6” to a 4” line and the addition of an 8’’ valve, pipe and plug. The changes were part of a partnership agreement with a landowner to secure a wider utility easement because of construction conditions while providing water access for future development north of the park. There will be a total deduction of $511.69 from the previously amended contract. The new contract amount will be $1,191,478.31. February 12, 2013 City of Brookings 18 Resolution No. 16-13 A Resolution Authorizing Change Order No. 2 for Dakota Nature Park – Nature Center; Clark Drew Construction, Inc. Be It Resolved by the City Council that the following change order be allowed for the Dakota Nature Park – Nature Center: Construction Change Order Number 2. TE Underground Materials: Reducing 6” pipe to 4” = ($1,740.00) Reduce 6” tapping valve = ($153.40) Eliminating 6” material = ($1,662.66) Add: 8” valve, pipe and plug = $3,890.35 Labor: Reducing 6” to 4” = ($1,740.00) Live tap fee for 8” = $910.00 Subtotal: ($495.71) Clark Drew Construction, Inc. Subtotal = $495.71 SD Excise Tax @ 2% = $9.91 Bonding 1.2% = $6.07 Lump Sum Total = $511.69 There will be a total deduction of $511.69. Contract history: $1,198,700.00 original contract sum $1,191,990.00 after change order No. 1 $1,191,478.31 new contract amount after change order No. 2 Passed and approved this 12th day of February, 2013. CITY OF BROOKINGS _________________________ Tim Reed, Mayor ATTEST: ____________________________ Shari Thornes, City Clerk February 12, 2013 City of Brookings 19 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. February 12, 2013 City of Brookings 20 Open Forum/Presentations/Reports 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 – Daniel Vellek Finance Chair – Ben Ruggeberg State & Local Chair – Jameson Goetz SDSU Sent Website: http://www.sdstatesa.com/#! February 12, 2013 City of Brookings 21 Contracts & Change Orders 8. Action on Resolution No. 13-13, a Resolution authorizing the Mayor to Sign an Amendment to Agreement for Professional Services for Brookings Regional Airport Project No. AIP #3-46-0005-025-2012, Design and Construction of Runway 11/29 Realignment Phase I. The Phase I of the Brookings Regional Airport Runway Realignment Project included grading and sitework for the realignment of Runway 11/29, including creek reroute, construction of the MALSR access road and bridge, wetland mitigation, new equalization ponds and sanitary forcemain piping. This project was bid on September 18, 2012. The low bid of $4,757,008.82 was approximately 32% lower than the Engineer’s estimate of $7,031.454.44. The City researched the possibility of adding work quantity to the existing low bid; however, the value of the additional work would exceed the allowed change order increase. The City would like to proceed with additional construction work for the runway realignment project to expend the current grant funds, which will be bid as a separate project under Phase I. Helms and Associates have prepared Amendment No. 1 to the Agreement for Professional Services to design this project. The amendment includes the design cost of $93,922.00 for the design for additional runway grading work, which will be reimbursed with 90% federal funds, 8% state funds, and 2% City funds. The amendment also includes the engineering costs for bid letting preparation, printing plans, advertisement and pre-bid meeting for the cost of $7,504.88, which will be a City cost since the FAA will not cover costs for a second bid letting for this grant. The total amendment to Helms and Associates design contract is $101,426.88. The City will bid a project for the additional construction work as soon as the plans and specifications are ready and the construction is expected to expend the grant funds. This resolution will approve Amendment No. 1 to the Agreement for Professional Services for Helms & Associates for the total amount of $101,426.88. City Manager Introduction Action: Motion to Approve, Request Public Comment, Roll Call February 12, 2013 City of Brookings 22 Resolution No. 13-13 Resolution Authorizing the Mayor to Sign an Amendment to Agreement for Professional Services for Brookings Regional Airport Project No. AIP #3-46-0005-025-2012; Design and Construction of Runway 11/29 Realignment Phase I Whereas, the City of Brookings desires the construction of the Runway 11/29 Realignment Project; Whereas, the City of Brookings desires South Dakota Department of Transportation assistance with the Brookings Regional Airport Project 3-46-0005-25-2012; Whereas, the City of Brookings desires to expand the first phase of the grading for the Runway 11/29 Realignment Project and the City of Brookings desires that this work be added to the original scope of work for professional services with Helms and Associates for the design and construction of Runway 11/29 Realignment Phase I including relocation of 6-Mile Creek with Bridge, 404 permit wetland mitigation, earthwork/grading, granular fill and gravel base course and wildlife fencing; Now Therefore Be It Resolved that the mayor of the City of Brookings is authorized to sign Amendment Number 1 to the Agreement for Professional Services and other related documents for Runway 11/29 Realignment Phase I, Regional Airport Project 3-46-0005-25- 2012. Dated this 12th day of February, 2013. CITY OF BROOKINGS _________________________ Tim Reed, Mayor ATTEST: ____________________________ Shari Thornes, City Clerk February 12, 2013 City of Brookings 24 Second Readings & Public Hearings 9. Public hearing and action on Ordinance No. 01-13, an Ordinance Rezoning Lots 1-6, 6A, 7-15, 15A, 16-47, and the vacated alley and park lot adjacent thereto, in Fishback Subdivision; and Lots 4-7, Block 17, Morehouse Addition from a Residence R-2 District to a Residence R-1C District. Applicant: City of Brookings Proposal: Rezone the Circle Drive neighborhood to a Residence R-1C District. Background: Approximately 37 property owners have submitted informal petitions requesting a rezoning in their neighborhood. The yellow highlighted lots represent the petitioners’ properties. The boundaries encompassing the highlighted lots extend from 6th Avenue to Main Avenue and 11th Street to a few lots on the south side of Harvey Dunn Street. The attached map shows the current zoning in and around the neighborhood. The SDSU land to the north is undeveloped, and the R-3 District to the west is occupied by an apartment complex. The balance of adjoining land is mostly single-family with a few duplexes and apartments. There are two major changes that come into play with a rezoning from R-2 to R-1C. One change is that a two-family dwelling is moved from a “permitted by right” use to a conditional use. The other major change is that a prerequisite to obtaining a conditional use is that the property must abut a collector or arterial street. No properties meet the prerequisite in this area. Specifics: Overall, the petition area is comprised of 49 properties; 43 single-family dwellings, 4 two-family dwellings, 1 apartment building, and one vacant lot. Also, in your packet, is a map showing the number of properties currently eligible for a conversion from single-family to two-family status under the Residence R-2 District regulations. There are 17 properties that meet or exceed the frontage width and lot area minimums for a duplex. Recommendation: The Planning Commission voted 9 yes and 0 no to recommend approval of the rezoning. City Manager Introduction Action: Open & Close Public Hearing, Motion to Approve, Roll Call February 12, 2013 City of Brookings 25 Ordinance No. 01-13 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: Lots 1-6, 6A, 7-15, 15A, 16-47, and the vacated alley and park lot adjacent thereto, in Fishback Subdivision; and Lots 4-7, Block 17, Morehouse 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 No. 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: January 22, 2013 Second Reading and Adoption: February 12, 2013 Published: February 15, 2013 CITY OF BROOKINGS ________________________ Tim Reed, Mayor ATTEST: _________________________ Shari Thornes, City Clerk February 12, 2013 City of Brookings 26 Planning Commission Brookings, South Dakota January 7, 2013 OFFICIAL MINUTES Chairperson Wayne Avery called the regular meeting of the City Planning Commission to order on Monday, January 7, 2013, at 5:30 PM in the Chambers Room on the third floor of the City & County Government Center. Members present were Hal Bailey, Donna DeKraai, Greg Fargen, Alan Gregg, Al Heuton, John Sydow, Kristi Tornquist, Mike Cameron and Avery. Also present were Cris Engen, Community Development Director Mike Struck, City Manager Jeff Weldon, Planning and Zoning Administrator Dan Hanson, and others. Item #4 – The City of Brookings has submitted a petition to rezone Lots 1 – 6, 6A, 7-15, 15A, 16- 47, and the vacated alley and parking lot adjacent thereto, in Fishback Subdivision; and Lots 4-7, Block 17, Morehouse Subdivision, from a Residence R-2 District to a Residence R-1C District. (Heuton/Cameron) Motion to approve the rezoning. All present voted aye. MOTION CARRIED. SUMMARY OF DISCUSSION Item #4 – Hanson summarized the information received at the prior two meetings. About 37 property owners in the Circle Drive area had petitioned for a rezoning to R-1C. If changed, a two-family dwelling use would only be allowed by conditional use and a prerequisite for such a use required that the property front on a collector or arterial street. There were 49 properties within the petition area and 43 were single-family dwellings, 4 were two-family dwellings, 1 building was an apartment and 1 lot was vacant. Cris Engen, 1025 Circle Drive, stated the rezoning would preserve the single-family neighborhood concept that was the original intent. She referred to other issues such as density and increased on-street parking that were discussed at previous meetings. Heuton supported the rezoning since it would preserve single-family housing in the neighborhood. Cameron asked if a transfer of ownership would impact the existing two-family dwellings in the area. Hanson replied no, the duplexes and apartment could continue unchanged. February 12, 2013 City of Brookings 27 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 February 12, 2013 City of Brookings 28 Sec. 94-125.5 RESIDENCE R-1C SINGLE-FAMILY (a) Intent. This district is intended to provide for areas of residential use with a gross density of approximately six dwelling units per acre or less. The district permits single-family dwellings and supportive community facilities such as parks, playgrounds, schools, and churches. (b) Scope of Regulations. The regulations set forth in this section or set forth elsewhere in this title, when referred to in this section, are the district regulations of the Residence R-1C Single- Family District. (c) Permitted Uses. Single-family dwelling including accessory uses incidental thereto such as private garages, parking areas, etc. (d) Permitted Special Uses. A building or premises may be used for the following purposes in conformance with conditions prescribed herein: 1. All permitted special uses and conditions as stated in Section 94-124(d) (R-1A). 2. Private school of general instruction. a. One of the frontages of the premises shall abut upon an arterial or collector street. 3. Family day care. a. Restricted to 12 or less children at any one time. (e) Conditional Uses. 1. Retirement or nursing home 2. Two family dwelling 3. Group home 4. Major home occupation 5. Public recreation facility 6. Bed and breakfast establishment (f) Density, Area, Yard and Height Regulations. The R-1C District regulations shall be as follows: Per Min Min Min Min Min Max Unit Lot Lot Front Side Rear Hgt Density Area Width Yard Yard Yard Sq.Ft. Sq.Ft. Single-Family 7,500 7,500 50' 25' 7' 25' 35' Two-Family 5,625 11,250 75' 25' 7' 25' 35' Other Allowable Uses 10,000 75' 25' 10' 25' 35' Density per family requirements shall not apply to dormitories, fraternities, sororities, nursing homes or other similar group quarters where no cooking facilities are provided in individual rooms February 12, 2013 City of Brookings 29 (g) Accessory Uses. Accessory uses and building permitted in the R-1C District are buildings and uses customarily incidental to any of the permitted uses in the district. (h) Parking Regulations. Parking, loading and stacking within the R-1C District shall be in conformance with the regulations set forth in division 4 of article VI of this chapter (i) Sign Regulations. Signs within the R-1C District shall be in conformance with the regulations set forth in division 5 of article VI of this chapter (j) Other Regulations. Development within the R-1C District shall be in conformance with the regulations set forth in article II of this chapter February 12, 2013 City of Brookings 33 Second Readings & Public Hearings 10. Public hearing and action on Ordinance No. 02-13, an Ordinance for a Conditional Use permit to establish a sorority/fraternity on Lot 4, Block 2, Peterson’ First Addition (712 Main Avenue). Applicant: Dary LLC Proposal: Establish a women’s fraternity in a Residence R-2 District Background: The parcel proposed for this Greek organization is located on Main Avenue in the 700 block. The 700 block on both sides of Main Avenue was zoned B-2A until 1991 when it was changed to R-2. The neighborhood has a variety of uses based on its prior zoning history and proximity to downtown. Churches, single-family, two-family, and apartment uses exist as well as some non-conforming businesses. The north border of the B-2 District in this area is 7th Street. Specifics: The house on this lot was constructed in 1954. It was converted into a three unit apartment several decades ago. The apartment is a legal non-standard use in the R- 2 District. In 2010, the owners leased the property to a women’s fraternity. The city was unaware of the change in use until a recent housing inspection. The change has now resulted in a conditional use permit application. The standards for a fraternity/sorority use in the R-2 District are as follows: Sec. 94-274. Fraternity/Sorority houses: Such uses shall not be located in an area where they could have a negative impact on adjacent properties due to their size or the traffic generated from such use. The parking area shall be regulated according to Section 94-400, hard-surfaced parking, and Section 94-401, screened parking. The aerial view shows the location of the subject property and adjacent uses. On- premise parking regulations are one space per member residing on the premises. The parking area would be concentrated in the rear of the house. There is a possibility for a driveway accessed from Main Avenue along the south side. Recommendation: The Planning Commission voted 8 yes and 0 no to recommend approval of the Conditional Use Permit subject to the conditions listed in the ordinance. City Manager Introduction Action: Open & Close Public Hearing, Motion to Approve, Roll Call February 12, 2013 City of Brookings 34 Ordinance No. 02-13 An ordinance pertaining to an application for a Conditional Use for a Fraternity/Sorority use in the Residence R-2 District. Be it ordained by the governing body of the City of Brookings, South Dakota that said Conditional Use shall be approved for a Fraternity/Sorority use on Lot 4, Block 2, Peterson’s First Addition with the following conditions: Said Conditional Use Permit shall expire on August 31, 2013 All sections and ordinances in conflict herewith are hereby repealed. First Reading: January 22, 2013 Second Reading: February 12, 2013 Published: February 15, 2013 CITY OF BROOKINGS __________________________ Tim Reed, Mayor ATTEST: ________________________________ Shari Thornes, City Clerk February 12, 2013 City of Brookings 35 Mailing List DARY Rentals 712 Main Avenue 323 22nd Avenue Brookings, SD 57006 DARY Rentals 712 Main Avenue 1960 Spyglass Hill Dr. Brookings, SD 57006 J.A.C.K. Investments 708 Main Avenue 609 Remington Brookings, SD 57006 Benjamin Aesoph 702 Main Avenue 321 Cedar Avenue Brookings, SD 57006 Dean Gulbranson 411 7th Street 423 8th Street South Brookings, SD 57006 Barbara Borstad 705 5th Avenue 705 5th Avenue Brookings, SD 57006 Arvella Johnson 711 5th Avenue 711 5th Avenue Brookings, SD 57006 David Dotson 715 5th Avenue 715 5th Avenue Brookings, SD 57006 Michael Cameron 719 5th Avenue 719 5th Avenue Brookings, SD 57006 Lance Dyer 416 8th Street 416 8th Street Brookings, SD 57006 Bkgs Christian Church 424 8th Street 424 8th Street Brookings, SD 57006 Kyle Fergen 724 Main Avenue 724 Main Avenue Brookings, SD 57006 Kyle Fergen 722 Main Avenue 724 Main Avenue Brookings, SD 57006 Jeremy Holmes 716 Main Avenue 716 Main Avenue Brookings, SD 57006 Kristi Tornquist 727 Main Avenue 727 Main Avenue Brookings, SD 57006 Ruth Leibing 723 Main Avenue 723 Main Avenue Brookings, SD 57006 Konard Hauffe 719 Main Avenue 717 Main Avenue Brookings, SD 57006 Konard Hauffe 717 Main Avenue 717 Main Avenue Brookings, SD 57006 Harlan Larkin 713 Main Avenue 713 Main Avenue Brookings, SD 57006 Louis Hesler 709 Main Avenue 709 Main Avenue Brookings, SD 57006 Paul Moriarty 705 Main Avenue Box 705 Brookings, SD 57006 February 12, 2013 City of Brookings 36 Planning Commission Brookings, South Dakota December 11, 2012 OFFICIAL MINUTES Chairperson Wayne Avery called the regular meeting of the City Planning Commission to order on Tuesday, December 11, 2012, at 5:30 PM in the Chambers Room on the third floor of the City & County Government Center. Members present were Hal Bailey, Donna DeKraai, Greg Fargen, Alan Gregg, Al Heuton, John Sydow, Kristi Tornquist, and Avery. Mike Cameron was absent. Also present were Ryan Krogman, Darin Schleicher, Jessica Erickson, Marysz Rames, Dick Peterson, Cris Engen, Community Development Director Mike Struck, City Engineer Jackie Lanning, Airport Manager Phillip Tiedeman, Planning and Zoning Administrator Dan Hanson, and others. Item #4 – Dary, LLC, has submitted an application for a Conditional Use Permit to establish a fraternity/sorority on Lot 4, Block 2, Peterson’s First Addition in the Residence R-2 District. (Bailey/Heuton) Motion to approve the Conditional Use Permit. (Heuton/Fargen) Amendment to the motion to add “said Conditional Use Permit shall expire on August 31, 2013.” All present voted aye. AMENDMENT CARRIED. The motion as amended, was voted on. All present voted aye. MOTION CARRIED. SUMMARY OF DISCUSSION Item #4 – Hanson summarized the history of the property. The house had been converted several decades ago into a tri-plex. The applicants were now requesting a conversion to a women’s fraternity. Two (2) parking lot designs were provided for parking in the rear yard. The neighborhood had several different uses mainly due to its location near downtown. The Residence R-2 and Business B-2 District boundary was one-half block away on 7th Street. Ryan Krogman, representing Dary LLC, stated that leasing the property to a sorority had created an issue with the former tri-plex use. He had leased to the sorority for the last two (2) years and wanted to continue to rent to them since they were good tenants. He initially wanted to request reestablishing a tri-plex, but that would have caused the sorority to relocate immediately . Tornquist asked how many members were living in the house now and in the future. Krogman replied three (3) now, but future tenants would sublease from the Greek organization. Krogman stated the density would not change since the house was a tri-plex before. He also felt there was adequate off-street parking. February 12, 2013 City of Brookings 37 Heuton asked how the house had been configured. Krogman responded that it had an upper, main, and lower unit all with kitchens and baths. There were eight (8) bedrooms total in the house. DeKraai asked about the parking. Krogman stated there was a crushed asphalt parking lot in the rear. Tornquist inquired about parking lot screening. Hanson replied that is was required in this case. Darin Schleicher, representing Dary LLC, stated he was unaware that they were losing the tri-plex status by renting to a sorority. Fargen asked how long Dary, LLC had owned the property. Schleicher replied four (4) years. Jessica Erickson, sorority house manager, stated that the organization was alcohol free and had strict rules. Tornquist asked how many members lived in the house. Erickson replied three (3). Tornquist inquired as to the maximum that had lived in the house. Erickson replied 10. Heuton asked what the organization’s future plans were. Erickson responded that their 5 to 10 year plan was to live at 712 Main Avenue. She added that they had rented the house for the last two (2) to three (3) years. Avery read an email from Louis Hesler, 709 Main Avenue, opposing the granting of the conditional use. Marysz Rames, Vice-president of Student Affairs, addressed SDSU’s plans for Greek life. Twentieth Avenue was now available for organizations after leasing procedures were changed. SDSU also had Greek housing near campus that served as transitional housing for Greek chapters that would possibly build or expand in the future. DeKraai felt that density and parking were issues with this request. She favored additional conditions or limitations before granting the application. Heuton stated the Comprehensive Plan or Zoning Ordinance had limited guidance for this use in this location. He felt the intent of the Residence R-2 regulations must be followed. He noted that eight (8) of the 12 homes on the block were single-family dwellings. There were also some duplexes nearby. He added that adequate parking would be an issue too. Heuton proposed allowing a limited Conditional Use Permit period in order to provide a transitional time for the members. An end date corresponding to the end of the school year or lease term were options. Krogman stated the lease ended on May 15, 2013. Fargen did not consider the location as beneficial for a high-density use but could accept a short term solution. Heuton reiterated that the neighborhood was predominantly single- family. Therefore, density was an important factor in his decision. February 12, 2013 City of Brookings 38 Sec. 94-126. RESIDENCE R-2 TWO-FAMILY DISTRICT (a) Intent. This district is intended to provide for areas of residential use with a density of six to eighteen dwelling units per acre. This district provides for single-family, two-family, townhouse and multiple-family residential uses plus support facilities such as schools, parks, churches and community and public buildings. (b) Scope of Regulations. The regulations set forth in this section or set forth elsewhere in this title, when referred to in this section, are the regulations of the Residence R-2 Two-Family District. (c) Permitted Uses. 1. Single-family dwelling including accessory uses incidental thereto such as private garages, parking areas, etc. 2. Two-family dwelling including accessory uses incidental thereto such as private garages, parking areas, etc. (d) Permitted Special Uses: A building or premises may be used for the following purposes in conformance with conditions prescribed herein: 1. All permitted special uses and conditions as stated in Sections 94-124(d)(R-1A) and 94- 125(d)(R-1B). 2. Single-family zero (0') sideyard dwelling. a. A maximum of four (4) attached dwelling units are permitted. b. Additional lot area requirements apply (subsection f of this section). 3. Funeral home or mortuary. a. One of the frontages of the premises shall abut upon an arterial or collector street. (e) Conditional Uses. 1. Vocational or trade school 2. Retirement or nursing home 3. Group home 4. Major home occupation 5. Public recreation facility 6. Non-municipal library, museum, art gallery, community center, private club or lodge 7. Domestic abuse shelter 8. Townhouse 9. Apartment or condominium 10. Office 11. Bed and breakfast establishment 12. Fraternity/Sorority 13. Day Care Facility (f) Density, Area, Yard and Height Regulations. The R-2 district regulations shall be as follows: February 12, 2013 City of Brookings 39 Per Min. Min. Min. Min. Min. Max. Unit Lot Lot Front Side Rear Height Density Area Width Yard Yard Yard Sq.Ft. Sq.Ft. Single-Family Dwelling 7,500 7,500 50' 25' 7' 25' 35' SF 0' Sideyard 2 Units 6,000 12,000 80' 25' 0' or 7' 25' 35' on non- party wall SF 0' Sideyard 3 Units 5,000 15,000 100' 25' 0' or 7' 25' 35' on non- party wall SF 0' Sideyard 4 Units 4,500 18,000 120' 25' 0' or 7' 25' 35' on non- party wall Two-Family Dwellings Condominiums / Townhouses 2 Units 4,950 9,900 65' 25' 7' 25' 35' 3 Units 4,100 12,300 80' 25' 7' 25' 35' 4 Units 3,675 14,700 95' 25' 7' 25' 35' Apts, Condos, Townhouses* 5 or more Units 2,420** 16,000 100' 25' 7'*** 25' 35' Per Min. Min. Min. Min. Min. Max. Unit Lot Lot Front Side Rear Height Density Area Width Yard Yard Yard Sq.Ft. Sq.Ft. Other Allowable Uses 7,500 50' 25' 7'*** 25' 35 February 12, 2013 City of Brookings 40 *Three hundred (300) square feet of landscaped area shall be provided for each dwelling unit exclusive of required building setback areas, access drives and parking lots. Two thirds (2/3) of the landscaped area shall be located in a continuous, single tract which contains no portions thereof which are not contiguous, adjacent and abutting to either the entire width or entire length of said tract. Parking lots shall be screened from single and two-family residential uses according to Section 94-401. **A maximum of 18 dwelling units per acre shall be allowed. ***The sideyard will be required to be increased to 10 feet when the building is 3 or more stories in height. Density per family requirements shall not apply to dormitories, fraternities, sororities, nursing homes or other similar group quarters where no facilities are provided in individual rooms. (g) Accessory Uses. Accessory uses and building permitted in the R-2 District are buildings and uses customarily incidental to any of the permitted uses in the district. (h) Parking Regulations. Parking, loading and stacking within the R-2 District shall be in conformance with the regulations set forth in division 4 of article VI. (i) Sign Regulations. Signs within the R-2 District shall be in conformance with the regulations set forth in division 5 of article VI. (j) Other Regulations. Development within the R-2 District shall be in conformance with the regulations set forth in article II. February 12, 2013 City of Brookings 44 Second Readings & Public Hearings 11. Public hearing and action on Resolution No. 14-13, a Resolution upon a petition to vacate W. 16th Avenue abutting Outlot A in the N ½ of Section 27-T110N-R50W, Sublot A of Outlot 1 in the NW ¼ of Section 27-T110N- R50W, and Outlots 1A and 2 in the NE ¼ of Section 28-T110N-R50W. Applicant: City of Brookings Proposal: Eliminate certain right-of-way for realignment/expansion of the airport runway. Background: The city recently purchased land along W. 16th Avenue as part of the ongoing airport project that will shift runway 11/29 in a northwesterly direction. Runway 11/29 and associated safety and protection zones will extend over the right-of- way in this area. Specifics: The City is the sole owner of the land abutting the proposed street vacation. The vacation would close the street from the south side of the W 16th Ave/6th Street intersection down to the south end of the city owned property on the east side of W. 16th Avenue. This distance is approximately 1700 feet. Recommendation: The Planning Commission voted 7 yes and 1 no to recommend vacating a portion of W. 16th Avenue as described in the resolution. Resolution No. 14-13 Street Vacation Whereas, a petition to vacate has been filed with the City Clerk of the City of Brookings, and Whereas, the petition was filed in proper form and signed by one hundred percent (100%) of the adjacent property owners. Now, Therefore, Be It Resolved, by the City Council of the City of Brookings: that the portion of West 16th Avenue abutting Outlot A in the N ½ of Section 27-T110N-R50W; Sublot A of Outlot 1 in the NW ¼ of Section 27-T110N-R50W; and Outlots 1A and 2 in the NE ¼ of Section 28-T110N-R50W be vacated. Passed and approved this 12th day of February, 2013. CITY OF BROOKINGS ATTEST: Tim Reed, Mayor Shari Thornes, City Clerk City Manager Introduction Action: Open & Close Public Hearing, Motion to Approve, Roll Call February 12, 2013 City of Brookings 45 Planning Commission Brookings, South Dakota February 5, 2013 OFFICIAL MINUTES Item #3 – The City of Brookings has submitted a petition to vacate West 16th Avenue abutting Outlot “A” in the N1/2 of Section 27-T110N-R50W; Sublot “A” of Outlot “1” in the NW1/4 of Section 27-T110N-R50W and Outlots “1A” and “2” in the NE1/4 of Section 28-T110N-R50W. (Heuton/Fargen) Motion to approve the street vacation. (Heuton/Fargen) Amendment to the motion to add “with strong encouragement to the City Council and city staff to study safety issues pertaining to a turnaround, barricades, signage and the improvement of alternate routes as a result of the street closure.” All present voted aye. AMENDMENT CARRIED The motion, as amended, was voted on. All present voted aye, except Avery voted no. MOTION CARRIED. SUMMARY OF DISCUSSION Item #3 – Jackie Lanning, City Engineer, stated that the City of Brookings completed several studies relating to the airport expansion project. A detailed map showed the future runway and future ultimate runway extending to the northwest and crossing West 16th Avenue. The map also showed the rerouting of a creek. The city recently annexed several properties that they purchased. These lots were adjacent to the portion of West 16th Avenue that was proposed to be vacated. Fargen asked about the ultimate runway section. Philip Tiedeman, Airport Manager, stated this runway represented the required clear zone or safety zone area for the runway. Tornquist asked if any studies were done to determine the impact of the road closure on traffic. Lanning responded that the impacts were discussed during the environmental assessment phase of the project but no formal traffic study was done. She added that the city had agreed to regravel and widen the north/south road that was one mile to the west. The city would also improve the signage on the road. Heuton asked if there were any city planned improvements to the east/west roads. Lanning replied no, but West 10th Street to the east of West 16th Avenue was maintained by the city. Lyle Johnson, Brookings Township board member, stated the closing would create a longer drive for some motorists. He noted that maintenance costs on the alternate roads would increase as a result of the street vacation. He felt the township needed assurances from the city that the north/south road to the west would be upgraded since it was a “minimum maintenance” road now. He also felt that the box culvert and bridge at the intersection could be a problem for trucks. February 12, 2013 City of Brookings 46 Heuton asked if there were any other options for the airport project other than to close the road. Lanning replied no because of the safety issues. Tornquist asked if the road could be reconstructed around the west edge of the safety zone. Lanning responded that that option had not been discussed. Bob Lacher, a resident along the road, stated that the road had a fair amount of traffic, particularly at night. He supported substantial safeguards if the road was closed since people drive around barricades and do not pay attention to signs very well. Troy Johnson, a township resident, supported the improvement to the road one mile west of West 16th Avenue. He asked who would maintain the remainder of W. 16th Ave. Lanning replied the Township would be responsible. Jean Lacher, a resident along the road, favored a traffic study to determine the traffic count on the road. She also felt that a turnaround was important for motorists who did not obey road closure signs. February 12, 2013 City of Brookings 50 Public Hearings & Second Readings 12. Public hearing and action on an Off-Sale Malt Beverage Alcohol License for Brookings Brownstone, Inc., dba The Brownstone, Lorraine & Brennan Sullivan, Owners, Lot 7, Block 3, Original Plat Addition, 313 Main Avenue. The City of Brookings has received an application for an Off-Sale Malt Beverage License from Brookings Brownstone, Inc., dba The Brownstone, Lorraine & Brennan Sullivan, owners, 313 Main Avenue, legal description: Lot 7, Block 3, Original Plat Addition. A public hearing and action by the local governing body is required to approve all alcohol licenses. This license would be effective until June 30, 2013 and then subject to an annual renewal. If approved, the application would be forwarded to the State Department of Revenue for final action and issuance of the license. Staff recommends approval. Further Information: SDCL 35-2-1.2 provides all applications for retail licenses …shall be submitted to the governing board of the municipality within which the applicant intends to operate…The governing board: “shall have discretion to approve or disapprove the application depending on whether it deems the applicant a suitable person to hold such license and whether it considers the proposed location suitable.” SDCL 35-2-6.2 provides the “character” requirements for alcoholic beverage licensees: “Any license under this title…must be a person of good moral character, never convicted of a felony, and, if a corporation, the managing officers thereof must have like qualifications.” Procedure for issuance of licenses: Procedurally, SDCL 35-2-3 provides that “no license for the on or off-sale at retail of alcoholic beverages…shall be granted to an applicant for any such license, except after public hearing, upon notice.” SDCL 35-2-5 provides the procedure for the time and place of hearing and for publication of notice. If an application for a license is refused, “no further application may be received from a person until after the expiration of one year from the date of a refused application.” City Ordinances: Listed below is Chapter 5, Article 2, Section 5-20 of the City Code of Ordinances pertaining to Application Review Procedure. February 12, 2013 City of Brookings 51 The City Council shall review all applications submitted to the City for available On-Sale Alcoholic Beverage Agreements and for On-Sale Malt Beverage and Wine Licenses in accordance with SDCL 35-2 and in accordance with the following factors: a. Type of business which applicant proposes to operate: On-Sale Alcoholic Beverage Operating Agreements and On-Sale Malt Beverage and Wine Licenses may not be issued to convenience grocery stores, gas stations, or other stores where groceries or gasoline are sold unless it can be established that minors do not regularly frequent the establishment. b. The manner in which the business is operated: On-Sale Alcoholic Beverage Operating Agreements and On-Sale Malt Beverage and Wine Licenses may not be issued to establishments which are operated in a manner which results in minors regularly frequenting the establishment. c. The extent to which minors are employed in such a place of business: On-Sale Alcoholic Beverage Operating Agreements and On-Sale Malt Beverage and Wine Licenses may not be issued to convenience grocery stores, gas stations, or other stores where groceries or gasoline are sold and which regularly employ minors. d. The adequacy of the police facilities to properly police the proposed location: The City Council shall inquire of the Police Chief whether the Police Department can adequately police the proposed location. e. Other factors: The hours that business is conducted shall be considered by the City Council in its review of applications for on-sale alcoholic beverage operating agreements and on-sale malt beverage and wine licenses. Summary: SDCL and case law support the premise that the decision to issue an alcoholic beverage license is discretionary. The City can assess the character of the applicant and whether the location is suitable. A person convicted of a felony is prohibited from applying for a license; therefore, a convicted felon would fail the character test. In determining suitable location, the Council may involve the determination of whether the location is suitable consistent with the procedure developed through South Dakota Case Law. This includes the manner in which the business is operated; the extent to which minors frequent or are employed in such place of business; the adequacy of the police facilities to properly police the proposed location, and other factors associated with the sale of alcoholic beverages. City Manager Introduction Action: Open & Close Public Hearing, Motion to approve, Roll Call February 12, 2013 City of Brookings 52 Public Hearings & Second Readings 13. Public hearing and action on Resolution No. 15-13, a Resolution of Intent to Lease Real Property in Wiese and Freeland Additions. The City would like to lease the unsold industrial property located in the Weise Addition and Freeland Addition for farming operations, which is shown on the enclosed map. In the past, the City has leased industrial property for farming operations which provides extra income for the City’s industrial fund as well as provides for weed control. The City had taken bids for the lease on this industrial property prior to 2008, and for 2009 through 2012, the City entered into a one-year lease agreement with Foundation Seed Stocks, which is an affiliate of SDSU. The City would like to enter into a one-year lease agreement with the South Dakota Ag Experiment Station for 2013, which is a similar affiliate of SDSU. The South Dakota Ag Experiment Station has also leased the farmland at the Brookings Regional Airport. Steve Britzman has researched the statutes related to leasing, and provided the SDCL references as: 9-12-5. Powers - Lease or transfer of property for public purposes. Every municipality shall have power to lease or sell or give and convey any personal or real property of the municipality or perform any work or render any services, to the state or any public corporation thereof, to be used by such grantee for an authorized public purpose; such lease or sale or gift and conveyance, or the performance of such work, to be authorized, made or done on the terms and in the manner provided by resolution of the governing body. 9-12-5.1. Powers - Lease of property - Term and conditions. Every municipality may lease its municipally-owned property. Any such lease shall be for a term and upon the conditions provided by resolution of the governing body. 9-12-5.2. Powers - Lease to private person - Resolution - Notice - Hearing - Authorization. If the governing body decides to lease any municipally owned property to any private person for a term exceeding one hundred twenty days and for an amount exceeding five hundred dollars annual value it shall adopt a resolution of intent to enter into such lease and fix a time and place for public hearing on the adoption of the resolution. Notice of the hearing shall be published in the official newspaper once, at least ten days prior to the hearing. Following the hearing the governing body may proceed to authorize the lease upon the terms and conditions it determines. According to Attorney Britzman, this lease is not required to be bid, due to the fact the entity is a public-private business entity, though the City may choose to bid. Since “Ag Experiment Station”, the proposed lessee, is not a “private person” and is not technically the “State”-- it is a nonprofit corporation affiliated with SDSU, he concluded we can lease without bidding provided it is not to a private person. February 12, 2013 City of Brookings 53 Ag Experiment Station proposes to lease this property at $105.00 per acre, which is the same lease rate paid by Foundation Seed Stocks since 2008 and it is higher than the previously bid lease rate of $70.00 per acre in 2007. This lease will be a one year lease, which will allow for acreage adjustments each year based on land sales. The Notice of Public Hearing was advertised one time ten days prior to the hearing. This resolution will allow the City to enter into a lease agreement with the Ag Experiment Station for one year for the City-owned industrial property in the Weise and Freeland Additions. City Manager Introduction Action: Open & Close Public Hearing, Motion to Approve, Roll Call February 12, 2013 City of Brookings 54 Resolution No. 15-13 Resolution of Intent to Lease Real Property in Wiese and Freeland Additions Be It Resolved by the governing body of the City of Brookings, South Dakota, that the City of Brookings intends to enter into a Lease with Foundation Seed Stocks for a period of one (1) year, commencing on March 9, 2013 and ending March 8, 2014, and pertaining to the following described property: The designated farmland in the Brookings Wiese Addition, thirty (30) acres more or less in Section 19, T110N, R49W, and the designated farmland in the Brookings Freeland Addition, thirty-eight (38) acres more or less in Section 18, T110N, R49W in the City of Brookings, Brookings County, South Dakota. The Lease will be an amount of One Hundred Five Dollars ($105.00) per acre for farmland annually, payable first half on April 1 and the remaining half on November 1. The City of Brookings may terminate this Lease at any time in the event a parcel of the above described property is to be sold by the City of Brookings. If a portion of the leased land is sold, the number of acres to be paid for will be adjusted at the unit price per acre. Be It Further Noted that a Public Hearing on this Resolution was held on February 12, 2013 at 6:00 o’clock P.M. at the City Council Chambers and that all persons were given an opportunity to be heard on the intent to lease real property. Passed and approved this 12th day of February, 2013. CITY OF BROOKINGS ____________________________________ Tim Reed, Mayor ATTEST: __________________________ Shari Thornes, City Clerk February 12, 2013 City of Brookings 57 Other Business 14. Proposed 2013 Strategic Plan. February 6, 2013 TO: Mayor and City Council Members FROM: City Manager Jeff Weldon RE: Proposed 2013 Strategic Plan Following last week’s session with our strategic planning facilitator, as well as several members of our middle-management and department head staff, you developed a listing of goals that comprise the strategic plan for this year. In keeping with the format of last year’s Plan, the items are listed but divided into seven primary issues and two secondary issues. For the primary issues, staff will provide more detail about specific steps for implementation once they are adopted. We will begin working on these projects immediately. City Manager Introduction Action: Motion to Approve, Request Public Comment, Roll Call February 12, 2013 City of Brookings 58 2013 STRATEGIC PLAN City of Brookings Primary Issues 1) Comprehensive Long-Range Debt Financial Analysis Commentary: With the refinancing of the City’s debt and the expected continued issuance of State debt through the SRF program for the storm drainage master plan, as well as anticipated CIP projects needing debt, an analysis should be undertaken for long-range financial implications beyond the five-year CIP. This analysis needs to consider all existing debt service obligations as well as City-issued debt on behalf of Brookings Municipal Utilities and Brookings Health System. Such planning will be necessary to insure prioritize capital projects are developed and long-range financial stability is preserved. Action steps: TBD Lead staff assignment: City Manager Jeff Weldon Finance Manager Rita Thompson Technical assistance: Finance Advisor Dougherty & Associates (Toby Morris) BMU/Swiftel CEO Steve Meyer BHS Administrator Jason Merkley 2) Economic Development Initiatives Commentary: An on-going project, the economic development initiatives for 2013 are expected focus on two primary areas; (1) retail development and (2) business recruitment in the Research Park at South Dakota State University. A parallel economic development initiative will continue to be the visitor industry through tourism and events. Other on-going economic development initiatives will be business and industry recruitment and inquiry responses, the sale of commercial/industrial land in the City’s inventory for development, workforce development, and other aspects of implementing the BEDC strategic plan. Action steps: TBD Lead staff assignment: City Manager Jeff Weldon Community Development Director Mike Struck Technical assistance: BEDC Executive Director Al Heuton Growth Partnership Executive Director Dwaine Chappel CVB Director Jennifer Johnson 3) Lean Government Services Pilot Project Commentary: This initiative involves a strategic analysis of specific City services and analyzes the process and procedures for implementing the services with the goal of making service delivery more efficient and effective. Such analysis seeks to add value to City services through continuous improvement and that they remain citizen-focused. Adoption of Lean practices February 12, 2013 City of Brookings 59 involves the adoption of principles, practices, and methods that eliminate non-value-added activities in the service delivery process to citizens. Action steps: Identification of staff teams around specific lean project(s) Provide specialized training to the team(s) about lean practices Identification of one major, comprehensive pilot project Identification of a minimum of two, minor, departmental pilot projects Teams develop/implement lean initiatives for targeted pilot projects Lead staff assignment: City Manager Jeff Weldon City Clerk Shari Thornes Finance Manager Rita Thompson 4) Citizen Engagement through on-line mobile applications Commentary: This initiative would research and launch specific tools designed to increase citizen engagement, transparency, and provide certain City services through the advent of mobile applications. Such ‘mobile apps’ would be specifically tailored to identified City services as well as facilitating two-way communication, and be a resource for general community information for residents and visitors. The research would consider current City initiatives including CivicPlus and the website, and select new apps to be developed consistent with stated goals. Policies and procedures specifically adopted would be an amendment to the Technology Plan. Action steps: TBD Lead staff assignment: City Manager Jeff Weldon City Clerk Shari Thornes Finance Manager Rita Thompson 5) South Main Avenue Infrastructure Development Project Commentary: Development of private property along South Main Avenue from 20th Street to 32nd Street represents the next major area for residential development with some supporting commercial development. Development of this area is consistent with the comprehensive plan and is one of the few, remaining large tract areas for residential development in the near future. The only other opportunity for residential growth for the near-future is the continual build-out of existing subdivisions with in-fill, and residential re-development. This road lacks the necessary infrastructure to accommodate such development. Additional public amenities are slated to further support this growing area such as a new elementary school and fire sub- station. While total build-out will be decades away, interest currently exists for initial development. This component of the strategic plan provides for developing a District Transportation/Utility Development Plan for South Main Avenue for subsequent City Council consideration. If adopted, this District Plan would be implemented with design in 2013 and construction in 2014. February 12, 2013 City of Brookings 60 Action steps: Submit District Plan to City Council on Feb. 22 Council approval/rejection of District Plan Implementation of steps enumerated in the District Plan Lead staff assignment: Community Development Director Mike Struck City Engineer Jackie Lanning 6) Space Needs Analysis for Street Department operations Commentary: The buildings and facilities that comprise the Street Department maintenance operation have been identified as needing further analysis for on-going structural repair and future viability. Four buildings comprise the facility at 125 7th Avenue. Three of the four structures should be examined in detail regarding present condition, anticipated improvements, and future needs. The fueling facility is nearing the end of its expected life. The location should also be examined for future viability of serving the community. A central question would be to determine the extent and scope of future repairs and improvements needed to the three structures compared to the financial and operational viability of replacement. This initiative should consider a consolidated facility with the County Highway Department. Action steps: Staff identifies issues to be researched relative to the facility. Research is initiated on the identified issues and report prepared. Lead staff assignment: Street Superintendent Koss Delfinis Community Development Director Mike Struck 7) Long-Term Maintenance/Finance plan for Streets Commentary: While the City currently has a multi-year schedule for maintenance of existing streets, the schedule should be expanded beyond the current five years. Research should be done pertaining to the viability of instituting a pavement management system that provides a scientific “index” of the condition of streets for enhanced forecasting of scheduled maintenance. The primary two methods of street maintenance are cracksealing/chipcoating and mill/overlay. In extreme cases, streets need to be completely re-constructed. Action steps: TBD Lead staff assignment: City Engineer Jackie Lanning Street Superintendent Koss Delfinis Secondary Issues 8) On-going advocacy of 34th Avenue/20th St. improvement project Commentary: This transportation corridor remains a long-range improvement project deemed essential for the further growth and development of Brookings. Since it involves an interstate bridge crossing, federal funding will be necessary for a major portion of project financing. The February 12, 2013 City of Brookings 61 current financial viability is not conducive for this to be a short-range project. The City should continue to incrementally build support for this project with state and federal policymakers while strengthening local intergovernmental and stakeholder support sustainable over the long term that will be required for this project. 9) Planning/monitoring involvement with SDDOT on Highway 14 upgrades Commentary: The South Dakota Department of Transportation (SDDOT) will be undertaking major reconstruction of Highway 14 from the ‘diagonal’ to Main Avenue; and planning for improvements to 14B and future re-construction projects from Main Avenue to 34th Avenue in future years. The first phase of construction and the planning of subsequent phases will be done by SDDOT in 2013. As the single-most significant transportation corridor in Brookings, the City needs to be an active participant with SDDOT in their planning process to insure the best interests of the community are addressed as SDDOT undertakes this project. February 12, 2013 City of Brookings 62 ATTACHMENT 2013 STRATEGIC PLAN City of Brookings Primary Issues 1) Comprehensive Financial Analysis 2) Economic Development Initiatives 3) Lean Government Services Pilot Project 4) Citizen Engagement through on-line mobile applications 5) South Main Avenue Infrastructure Development Project 6) Space Needs Analysis for Street Department operations 7) Long-Term Maintenance and Finance plan for Streets Secondary Issues 8) On-going advocacy of 34th Avenue/20th Street Improvement Project 9) Planning/monitoring involvement with SDDOT on Highway 14 upgrades Major Staff projects (beyond Strategic Planning items) Assignment Airport improvement project, construction (I), planning (II) Engineering Camelot Phase II storm drainage Engineering Rotary Park storm drainage Engineering 20th/Medary storm drainage Engineering 32nd Avenue completion, road surface Engineering Signalization of 12th St. S./17th Ave. S. Engineering Gateway Project, Phase II Community Development Bel Brands digester construction Community Development Bob Sheldon restroom/concession building Parks, Recreation, Forestry Park development, playground equipment five parks Parks, Recreation, Forestry Dakota Hills Nature Park, complete Phase II, undertake Phases 2-6 Parks, Recreation, Forestry Pheasant Nest dog park Parks, Recreation, Forestry Comprehensive athletic/recreational field use study Parks, Recreation, Forestry Trail/Pathway plan; amendment to Parks Master Plan Com. Dev./Parks & Rec. Ordinance Recodification City Clerk/City Attorney February 12, 2013 City of Brookings 63 Other Business 15. 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. February 12, 2013 City of Brookings 64 16. Adjourn.