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Home My WebLink About2012_01_10 CC PKT Brookings City Council Tuesday, January 10, 2012 5:00 p.m. Work Session 6:00 p.m. Regular Meeting City Hall Council Chambers 311 Third Avenue The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse economic base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal management. 5:00 p.m. WORK SESSION Work sessions are open to the public. During the work session the city staff would brief the council on items for that particular meeting, introduce future topics, and provide a time for Council members to introduce topics. 1. Discussion regarding liquor related questions. 2. City Council Member Ex-Officio Reports. 3. Joint Powers Board members’ Report. 4. City Council member introduction of topics for future discussion. * 5. Review of Council Agenda, Invites and Obligations. *Any Council member may request discussion of any issue at a future meeting only. Items cannot be added for action at this meeting. A motion and second is required stating the issue, requested outcome, and time. A majority vote is required. 6:00 p.m. REGULAR MEETING 1. Call to order. 2. Pledge of Allegiance. 3. Record of Council Attendance. 4. Action to approve the following Consent Agenda Items:* A. Action to approve the agenda. B. Action to approve minutes. C. Action on an Abatement request from Grant Peterson, c/o James Paige, to abate a portion of the 2011 taxes in the amount of $39.80 for a mobile home located at 208 Round Up Circle, Lot 208, which was destroyed by fire. D. Action on city board, commission and committee appointments. E. Action on Resolution No. 01-12, a Resolution directing preparation of Assessment Roll, dividing Assessments into installments, and providing for the collection thereof for Sidewalk Assessment, Project 2010-01SWR (2010 Sidewalk Repairs). F. Action on Resolution No. 02-12, a Resolution directing preparation of Assessment Roll, dividing Assessments into installments, and providing for the collection thereof for Sidewalk Assessment, Project 2011-01SWR (2011 Sidewalk Repairs). G. Action on Resolution No. 03-12, a Resolution authorizing Change Order No. 3, (CCO#3 Final) for 2011-07STI Main Avenue and Front Street Project, Bowes Construction, Inc. H. Action on Resolution No. 04-12, a Resolution authorizing Change Order No. 1, (CCO#1 Final) for 2011-08STI Street Maintenance and Overlay Project, Bowes Construction, Inc. I. Action on Resolution No. 06-12, a Resolution authorizing the Mayor to sign an Agreement for Airport Project AP7000 (02), Ground Communications Outlet Radio. Motion to Approve, Request Public Comment, Roll Call 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. Open Forum/Presentations/Reports 6. Open Forum. 7. SDSU Student Senate Report. Contracts and Change Orders 8. Action to approve various Government Center change orders. Action: Motion to approve, request public comment, roll call 9. Action on Resolution No. 05-12, a Resolution authorizing Change Order No. 1, (CCO#1 Final) for 2011-09STI Asphalt Concrete Freight on Board (FOB), Bowes Construction, Inc. Action: Motion to approve, request public comment, roll call 2nd Readings & Public Hearings: 10. Public hearing and action on Ordinance No. 26-11, an Ordinance amending Division 2. of Article V. of Chapter 74 of the Code of Ordinances of the City of Brookings, South Dakota and pertaining to snow and ice removal from sidewalks in the City of Brookings, South Dakota. Action: Open and close public hearing, motion to approve, roll call 11. Public hearing and action on Ordinance No. 27-11, an Ordinance pertaining to an application for an amended Conditional Use for a three-unit apartment in the Residence R-2 District on the west 183 feet of the east 288 feet of the south 140 feet of Block 11, Parkdale Home Second Addition, 208 West 8th Street. Action: Open and close public hearing, motion to approve, roll call 12. Public hearing and action on Resolution No. 07-12, a Resolution authorizing the City Manager to enter into an Operating Agreement for an On-Sale Restaurant Liquor License for James K. Gardner, Brookings Steak Company LLC, dba Whiskey Creek Wood Fire Grill, Brookings, South Dakota, Lot 1, Block 1, Wiese Addition, corner of Highway 14 and 32nd Avenue. Action: Open and close public hearing, motion to approve, roll call 13. Public Hearing and Action on Resolution No. 08-12, a Resolution approving an application for Financial Assistance, authorizing the execution and submittal of the Application and designating an authorized representative to certify and sign payment requests for Nelson 5th Addition Detention Pond Project. Action: Open and close public hearing, motion to approve, roll call 14. Public Hearing and Action on Resolution No. 09-12, a Resolution approving an application for Financial Assistance, authorizing the execution and submittal of the application and designating an authorized representative to certify and sign payment requests for Camelot Square Drainage Improvement Project. Action: Open and close public hearing, motion to approve, roll call Other Business 15. Action on Resolution No. 10-12, a Resolution declaring the following real property as surplus: Lot 15, Block 12, East Acres Second Addition (368 22nd Avenue) and Lot 1 and East 10’ of Lot 2, Block 13, East Acres Second Addition (2150 Derdall Drive). Action: Motion to approve, request public comment, roll call 16. Discussion and action on an Amendment to a Liquor Operating Agreement for the Brownstone Restaurant and Bar, Brennan and Lori Sullivan, owners, located at Lot 7, Block 3, Original Plat Addition, City of Brookings, also known as 313 Main Avenue. Action: Motion to approve, request public comment, roll call 17. Action on Resolution No. 11-12, a Resolution disbanding the Brookings Transportation Board. Action: Motion to approve, request public comment, roll call 18. Discussion and action on an 11th Street Public Improvement Project; fiscal agent for Growth Partnership. Action: Motion to approve, request public comment, roll call 19. Discussion regarding “Buy Local” proposal from the Chamber of Commerce. Action: Informational 20. Presentation by Business Improvement District #1- Recommendation for Plan of Improvements. Action: Informational 21. Adjourn. Brookings City Council Tim Reed, Mayor, Jael Thorpe, Deputy Mayor & Council Member Council Members Tom Bezdichek, John Kubal, Mike McClemans, Keith Corbett, Ope Niemeyer Council Staff: Jeffrey W. Weldon, City Manager Steven Britzman, City Attorney Shari Thornes, City Clerk View the City Council Meeting Live on the City Government Access Channel 9. Rebroadcast Schedule: Wednesday 1:00pm / Thursday 7:00pm Friday 9:00pm / Saturday 1:00pm The complete City Council agenda packet is available on the city website: www.cityofbrookings.org If you require assistance, alternative formats, and/or accessible locations consistent with the Americans with Disabilities Act, please contact Shari Thornes, City ADA Coordinator, at 692-6281 at least three working days prior to the meeting. City of Brookings January 10, 2012 5 5:00 P.M. WORK SESSION Work Sessions are open to the public. During the work session the city staff would brief the council on items for that particular meeting, introduce future topics, and provide a time for Council members to introduce topics. 1. Discussion regarding liquor-related questions. Staff has identified the following policy questions regarding alcohol licensing which need to be addressed by the City Council. Questions are categorized by license type. Unrestricted Liquor Operating Agreements. Per Resolution No. 128-11, adopted on October 25, 2011, the City has set the fee for...“issuance of Operating Agreements for on-sale establishments that have not previously been issued an Operating Agreement in the City of Brookings is One Hundred Thousand Dollars ($100,000.00). On-sale establishments which have paid the fee established in this Resolution will not be charged this $100,000.00 fee upon renewal of an Operating Agreement or upon the issuance of a subsequent Operating Agreement provided the on-sale establishment has previously paid the fee established in this Resolution.” Question: In addition to licenses created by census increase, who would be required to pay the $100,000 one-time fee? Specific examples: 1) Operating agreements returned to the city 2) Transfers of previously issued licenses where internal ownership shifts 3) Transfers of previously issued licenses to an entirely new entity Question: Would a payment plan be permitted? According to the State Department of Revenue and the City Attorney, payment plans for the unrestricted license fee would be permissible. However, payment plan for the restaurant license fee is not allowed. Resolution No. 128-11 Resolution Establishing the Fee for the issuance of Operating Agreements in the City of Brookings Whereas, the State of South Dakota has authorized municipalities to enter into Operating Agreements pursuant to SDCL 35-4-19 for the purpose of operating an on-sale alcoholic beverage establishment for the municipality, and Whereas, the fee for issuance of an Operating Agreement is a significant contractual provision to be included in an Operating Agreement, and therefore is appropriate for public discussion and a determination by the City Council, Now, Therefore Be It Resolved that from and after the effective date of this Resolution, the fee for the issuance of Operating Agreements for on-sale establishments that have not previously been issued an Operating Agreement in the City of Brookings is One Hundred Thousand Dollars ($100,000.00). On-sale establishments which have paid the fee established in this Resolution will not be charged this $100,000.00 fee upon renewal of an Operating Agreement or upon the issuance of a subsequent Operating Agreement provided the on-sale establishment has previously paid the fee established in this Resolution. Passed and approved on the 25th day of October, 2011. City of Brookings January 10, 2012 6 Temporary/Special Alcohol Licenses The State Legislature modified the criteria and rules for special temporary alcohol licenses. SDCL 35-4-124. Mandates the creation of rules: “The local governing body shall establish rules to regulate and restrict the operation of the special license, including rules limiting the number of licenses that may be issued to any person within any calendar year.” License types include the following: (1) A special malt beverage retailers license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to subdivision 35-4-2(4) , (6), or (16) in addition to any other licenses held by the special events license applicant; (2) A special on-sale wine retailers license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to subdivision 35-4-2(4), (6), or (12) or chapter 35-12 in addition to any other licenses held by the special events license applicant; (3) A special on-sale license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to subdivision 35-4-2(4) or (6) in addition to any other licenses held by the special events license applicant; or (4) A special off-sale package wine dealers license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to subdivision 35-4-2(3), (5), (12), (17A), or (19) or chapter 35-12 in addition to any other licenses held by the special events license applicant. A special off-sale package wine dealers licensee may only sell wine manufactured by a farm winery that is licensed pursuant to chapter 35-12. 35-4-124. Special alcoholic beverage licenses issued in conjunction with special events. Any municipality or county may issue: (1) A special malt beverage retailers license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to subdivision 35-4-2(4), (6), or (16) in addition to any other licenses held by the special events license applicant; (2) A special on-sale wine retailers license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to subdivision 35-4-2(4), (6), or (12) or chapter 35-12 in addition to any other licenses held by the special events license applicant; (3) A special on-sale license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to subdivision 35-4- 2(4) or (6) in addition to any other licenses held by the special events license applicant; or (4) A special off-sale package wine dealers license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to subdivision 35-4-2(3), (5), (12), (17A), or (19) or chapter 35-12 in addition to any other licenses held by the special events license applicant. A special off-sale package wine dealers licensee may only sell wine manufactured by a farm City of Brookings January 10, 2012 7 winery that is licensed pursuant to chapter 35-12. Any license issued pursuant to this section may be issued for a period of time established by the municipality or county. However, no period of time may exceed fifteen consecutive days. No public hearing is required for the issuance of a license pursuant to this section if the person applying for the license holds an on-sale alcoholic beverage license or a retail malt beverage license in the municipality or county or holds an operating agreement for a municipal on-sale alcoholic beverage license, and the license is to be used in a publicly-owned facility. The local governing body shall establish rules to regulate and restrict the operation of the special license, including rules limiting the number of licenses that may be issued to any person within any calendar year. Source: SL 2010, ch 185, § 1; SL 2011, ch 175, § 1. 35-4-2. Classes of licenses enumerated--Fees. Classes of licenses, with the fee of each class, follow: (3) Off-sale--not less than five hundred dollars in municipalities of the first class, not more than four hundred dollars in municipalities of the second class, and not more than three hundred dollars in municipalities of the third class. The renewal fee for such licenses may not exceed five hundred dollars in municipalities of the first class, four hundred dollars in municipalities of the second class, and three hundred dollars in municipalities of the third class; (4) On-sale--in municipalities of various classes: municipalities of the first class, not less than one dollar for each person residing within the municipality as measured by the last preceding federal census, the renewal fee for such license is fifteen hundred dollars; municipalities of the second class, no more than twelve hundred dollars; municipalities of the third class, no more than nine hundred dollars; (5) Off-sale licenses issued to municipalities under local option--not less than two hundred fifty dollars; (6) On-sale licenses issued outside municipalities--except as provided in § 35-4-11.9, not less than the maximum that the municipality to which the applicant is nearest is charging for a like license in that municipality, the renewal fee shall be the same as is charged for a like license in the nearest municipality. However, if the nearest municipality is more than fifteen miles from the on-sale license, the fee shall be established pursuant to § 35-4- 11.10. If the municipality to which the applicant is nearest holds an on-sale license, pursuant to § 35-3-13 and does not charge a specified fee, then the fee shall be the maximum amount that could be charged as if the municipality had not been authorized to obtain on-sale licenses pursuant to § 35-3-13. However, if the nearest municipality is a municipality of the first class and is authorized to hold an on-sale license pursuant to § 35-3-13, such fee may not be more than one hundred fifty percent of the minimum a municipality not so authorized may charge for a like license. The renewal fee shall be the same as could be charged for a like license in the nearest municipality; (12) Wine retailers, being both package dealers and on-sale dealers--five hundred dollars; (16) Malt beverage retailers, being both package dealers and on-sale dealers--three hundred dollars; (17A) Malt beverage and wine produced pursuant to chapter 35-12 package dealers--two hundred twenty-five dollars; (19) Off-sale package wine dealers in table wines, sparkling wines, sacramental wine, and distilled spirits produced from product provided to an artisan distiller by the respective farm winery to be operated in conjunction with a farm winery established pursuant to chapter 35-12--one hundred fifty dollars; and City of Brookings January 10, 2012 8 5:00 P.M. WORK SESSION Work Sessions are open to the public. During the work session the city staff would brief the council on items for that particular meeting, introduce future topics, and provide a time for Council members to introduce topics. 2. City Council Member Ex-Officio Reports. Pursuant to council direction, “City Council Member Ex-Officio Reports” will be a standing agenda item at all Council Work Sessions. The Council Members that serve as Ex-Officio members on the Brookings Health System Board of Trustees and Utility Board will provide verbal reports regarding recent meetings they have attended. Brookings Municipal Utility Board: 1. Council Member Niemeyer 2. Council Member Corbett Brookings Health Systems Board: 1. Council Member Kubal 2. Council Member McClemans City of Brookings January 10, 2012 9 5:00 P.M. WORK SESSION Work Sessions are open to the public. During the work session the city staff would brief the council on items for that particular meeting, introduce future topics, and provide a time for Council members to introduce topics. 3. Joint Powers Board Council Members’ Report. Pursuant to council direction, “Joint Powers Board City Member Updates” will be a standing agenda item at all Council Work Sessions. The Council Members serving on the Joint Powers Board will provide verbal updates regarding recent meetings they have attended. Mayor Tim Reed & Council Member Kubal City of Brookings January 10, 2012 10 5:00 P.M. WORK SESSION Work Sessions are open to the public. During the work session the city staff would brief the council on items for that particular meeting, introduce future topics, and provide a time for Council members to introduce topics. 4. City Council member introduction of topics for future discussion. Any Council member may request discussion of any issue at a future meeting only. Items cannot be added for action at this meeting. A motion and second is required stating the issue, requested outcome, and time frame. A majority vote is required. City of Brookings January 10, 2012 11 5:00 P.M. WORK SESSION Work sessions are open to the public. During the work session the city staff would brief the council on items for that particular meeting, introduce future topics, and provide a time for Council members to introduce topics. 5. Review of Council Agenda, Invites and Obligations. Date Day Event & Brief Description Time Location / Town / Address / Directions January 18 Wednesday Brookings Day in Pierre Pierre January 24 Tuesday Council Meeting 5:00 p.m. Council Chambers February 7 Tuesday Rib Dinner with your Legislator Kings Inn, Pierre February 8 Wednesday Municipal Government Day Pierre February 9 Thursday Leadership Brookings 8:30 – 12:00 noon City Hall February 14 Tuesday Council Meeting 5:00 p.m. Council Chambers February 15 Wednesday Goal Setting Reception & Dinner with Leadership Team 5:00 p.m. TBD February 16 Thursday Goal Setting Retreat 8:00 a.m. – 5:00 p.m. TBD February 28 Tuesday Council Meeting 5:00 p.m. Council Chambers March 10-14 NLC – Congressional City Conference Washington, DC March 13 Tuesday Council Meeting 5:00 p.m. Council Chambers March 19-23 Board of Equalization Meeting Room March 27 Tuesday Council Meeting 5:00 p.m. Council Chambers April 12 Thursday Council Meeting / Election Canvass 5:00 p.m. April 24 Tuesday Council Meeting 5:00 p.m. Council Chambers May 8 Tuesday Council Meeting 5:00 p.m. Council Chambers May 22 Tuesday Council Meeting 5:00 p.m. Council Chambers June 12 Tuesday Council Meeting 5:00 p.m. Council Chambers June 26 Tuesday Council Meeting 5:00 p.m. Council Chambers 12 6:00 p.m. REGULAR MEETING 1. Call to order. 2. Pledge of Allegiance. 3. Record of Council Attendance. 4. Action to approve the following Consent Agenda Items: A. Action to approve the agenda. B. Action to approve minutes. C. Action on an Abatement request from Grant Peterson, c/o James Paige, to abate a portion of the 2011 taxes in the amount of $39.80 for a mobile home located at 208 Round Up Circle, Lot 208, which was destroyed by fire. D. Action on city board, commission and committee appointments. E. Action on Resolution No. 01-12, a Resolution directing preparation of Assessment Roll, dividing Assessments into installments, and providing for the collection thereof for Sidewalk Assessment, Project 2010-01SWR (2010 Sidewalk Repairs). F. Action on Resolution No. 02-12, a Resolution directing preparation of Assessment Roll, dividing Assessments into installments, and providing for the collection thereof for Sidewalk Assessment, Project 2011-01SWR (2011 Sidewalk Repairs). G. Action on Resolution No. 03-12, a Resolution authorizing Change Order No. 3, (CCO#3 Final) for 2011-07STI Main Avenue and Front Street Project, Bowes Construction, Inc. H. Action on Resolution No. 04-12, a Resolution authorizing Change Order No. 1, (CCO#1 Final) for 2011-08STI Street Maintenance and Overlay Project, Bowes Construction, Inc. I. Action on Resolution No. 06-12, a Resolution authorizing the Mayor to sign an Agreement for Airport Project AP7000 (02), Ground Communications Outlet Radio. Motion to Approve, Request Public Comment, Roll Call 5. Items removed from Consent Agenda. Open Forum/Presentations/Reports 6. Open Forum. 7. SDSU Student Senate Report. Contracts and Change Orders 8. Action to approve various Government Center change orders. Action: Motion to approve, request public comment, roll call 9. Action on Resolution No. 05-12, a Resolution authorizing Change Order No. 1, (CCO#1 Final) for 2011-09STI Asphalt Concrete Freight on Board (FOB), Bowes Construction, Inc. Action: Motion to approve, request public comment, roll call 13 2nd Readings & Public Hearings: 10. Public hearing and action on Ordinance No. 26-11, an Ordinance amending Division 2. of Article V. of Chapter 74 of the Code of Ordinances of the City of Brookings, South Dakota and pertaining to snow and ice removal from sidewalks in the City of Brookings, South Dakota. Action: Open and close public hearing, motion to approve, roll call 11. Public hearing and action on Ordinance No. 27-11, an Ordinance pertaining to an application for an amended Conditional Use for a three-unit apartment in the Residence R-2 District on the west 183 feet of the east 288 feet of the south 140 feet of Block 11, Parkdale Home Second Addition, 208 West 8th Street. Action: Open and close public hearing, motion to approve, roll call 12. Public hearing and action on Resolution No. 07-12, a Resolution authorizing the City Manager to enter into an Operating Agreement for an On-Sale Restaurant Liquor License for James K. Gardner, Brookings Steak Company LLC, dba Whiskey Creek Wood Fire Grill, Brookings, South Dakota, Lot 1, Block 1, Wiese Addition, corner of Highway 14 and 32nd Avenue. Action: Open and close public hearing, motion to approve, roll call 13. Public Hearing and Action on Resolution No. 08-12, a Resolution approving an application for Financial Assistance, authorizing the execution and submittal of the Application and designating an authorized representative to certify and sign payment requests for Nelson 5th Addition Detention Pond Project. Action: Open and close public hearing, motion to approve, roll call 14. Public Hearing and Action on Resolution No. 09-12, a Resolution approving an application for Financial Assistance, authorizing the execution and submittal of the application and designating an authorized representative to certify and sign payment requests for Camelot Square Drainage Improvement Project. Action: Open and close public hearing, motion to approve, roll call Other Business 15. Action on Resolution No. 10-12, a Resolution declaring the following real property as surplus: Lot 15, Block 12, East Acres Second Addition (368 22nd Avenue) and Lot 1 and East 10’ of Lot 2, Block 13, East Acres Second Addition (2150 Derdall Drive). Action: Motion to approve, request public comment, roll call 16. Discussion and action on an Amendment to a Liquor Operating Agreement for the Brownstone Restaurant and Bar, Brennan and Lori Sullivan, owners, located at Lot 7, Block 3, Original Plat Addition, City of Brookings, also known as 313 Main Avenue. Action: Motion to approve, request public comment, roll call 17. Action on Resolution No. 11-12, a Resolution disbanding the Brookings Transportation Board. Action: Motion to approve, request public comment, roll call 18. Discussion and action on an 11th Street Public Improvement Project; fiscal agent for Growth Partnership. Action: Motion to approve, request public comment, roll call 19. Discussion regarding “Buy Local” proposal from the Chamber of Commerce. Action: Informational 20. Presentation by Business Improvement District #1- Recommendation for Plan of Improvements. Action: Informational 21. Adjourn. City of Brookings January 10, 2012 14 CONSENT AGENDA #4 4. Action to approve the following Consent Agenda Items: * A. Action to approve the agenda. B. Action to approve minutes. C. Action on an Abatement request from Grant Peterson, c/o James Paige, to abate a portion of the 2011 taxes in the amount of $39.80 for a mobile home located at 208 Round Up Circle, Lot 208, which was destroyed by fire. D. Action on city board, commission and committee appointments. E. Action on Resolution No. 01-12, a Resolution directing preparation of Assessment Roll, dividing Assessments into installments, and providing for the collection thereof for Sidewalk Assessment, Project 2010-01SWR (2010 Sidewalk Repairs). F. Action on Resolution No. 02-12, a Resolution directing preparation of Assessment Roll, dividing Assessments into installments, and providing for the collection thereof for Sidewalk Assessment, Project 2011-01SWR (2011 Sidewalk Repairs). G. Action on Resolution No. 03-12, a Resolution authorizing Change Order No. 3, (CCO#3 Final) for 2011-07STI Main Avenue and Front Street Project, Bowes Construction, Inc. H. Action on Resolution No. 04-12, a Resolution authorizing Change Order No. 1, (CCO#1 Final) for 2011-08STI Street Maintenance and Overlay Project, Bowes Construction, Inc. I. Action on Resolution No. 06-12, a Resolution authorizing the Mayor to sign an Agreement for Airport Project AP7000 (02), Ground Communications Outlet Radio. *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 City of Brookings January 10, 2012 15 CONSENT AGENDA #4 B. Action to approve City Council Minutes. The draft December 13th and December 20th Brookings City Council minutes are enclosed for Council review and approval. City of Brookings January 10, 2012 16 Brookings City Council December 13, 2011 (unapproved) The Brookings City Council held a meeting on Tuesday, December 13, 2011 at 4:00 p.m., at City Hall with the following members present: Mayor Tim Reed, Council Members John Kubal, Mike McClemans, Tom Bezdichek, Ope Niemeyer (by phone for 4:00 p.m. session), Jael Thorpe and Keith Corbett. City Attorney Steve Britzman, City Manager Jeff Weldon and City Clerk Shari Thornes were also present. Executive Session. A motion was made by Kubal, seconded by Corbett, to enter into executive session at 4:10 p.m. for personnel reasons with the City Council (Niemeyer by phone until 4:35 p.m.) and City Manager present. A motion was made by Corbett, seconded by Bezdichek, to exit executive session at 5:00 p.m. Pub Crawl. Daniel Roberts and Kaytlin Pelton, SDSU student representatives of the Downtown Core Event Committee, provided an update on the pub crawl. They are currently addressing concerns regarding cleanup, event start time, retail and customer issues, security, ordinances and business owner’s responsibility, and improved communication between bar owners and other downtown businesses. Review of questions raised by the Brownstone Restaurant and Lounge. Thorpe recused herself due to personal conflict. The City Council issued the Brownstone Restaurant and Lounge one of the three newly-available On-Sale Liquor Operating Agreements for $25,000 on a one-year “trial” basis. The owners are asking for clarification as to the status of this Operating Agreement at the end of this trial basis time period. Staff recommended an amendment to the operating agreement to provide clarification. A motion was made by Kubal, seconded by Bezdichek, to schedule the proposed amendment to the Brownstone Operating Agreement as an action item on the next city council meeting on December 20th. A friendly amendment was made to change the date to January 10th. All present voted yes; motion carried. A motion was made by McClemans, seconded by Kubal, to schedule discussion and action on the Shamrock Operating Agreement before the end of the year – December 20th agenda. All present voted yes; motion carried. The January 10th work session will be dedicated to a review of additional liquor-related questions. Thorpe returned to the dias. Future Discussion Topics. Corbett requested an update on the Veterans Administration Nursing Home issue. REGULAR MEETING. Consent Agenda. A motion was made by Kubal, seconded by Corbett, to approve the consent agenda: City of Brookings January 10, 2012 17 A. Action to approve the agenda as amended. B. Action to approve the November 15th and November 22nd Council minutes. C. Action on the following appointments to various city boards, committees and commissions: Board of Adjustment: reappoint Jere Hieb to full position, MOVE Mary Kidwiler to 1st Alternate (Terms: 1/1/2012-1/1/2015). Board of Appeals: appoint Jonathan Meendering (Term: 1/1/2012-1/1/2017). Disabilities Committee: reappoint Lonnie Bayer, Dave Miller, Geoffrey Graff, Jessie Kuechenmeister, Nancy Hartenhoff-Crooks, Jeff Vostad and Alan Davis (Terms: 1/1/2012-1/1/2015). Historic Preservation Commission: reappoint Les Rowland, Father Ryan Hall, and Janet Gritzner (Terms: 1/1/2012-1/1/2015). Human Rights Committee: reappoint Lawrence Nototny, Patty Bacon and Chandradhar Dwivedi (Terms 1/1/2012-1/1/2015), appoint Anna Leisa Schuh as SDSU Student Rep (Term: 1/1/2012-5/1/2012). Library Board: appoint Janell Hoffelt and Bill Gengler (Term: 1/1/2012- 1/1/2015). Swiftel Center Advisory Committee: reappoint Tom Coughlin (Term: 1/1/2012- 1/1/2015). Traffic Safety Committee: reappoint Carol Rettkowski (Term: 12/31/2011- 12/31/2014). Visitor Promotions Committee: reappoint Rob Peterson and Jerry Miller (Term: 1/1/2012-1/1/2015). D. Action on Change Orders for City/County Government Center: 1) Fox Drywall & Plastering, $1,840, changing back of parapet to plywood for proper roofing attachment. 2) Peska Construction, $2,343, providing concrete & rebar for cooling tower pad upgrade. 3) Peska Construction, $3,204, adding reinforcement at entrance, stairs, and platform in chambers/board room. 4) American Electrical Construction, $100, re-locating floor electrical box for kiosk information center. 5) Mills Construction, $1,789, installing insulation and plywood for chiller pad. E. Action on Resolution No. 139-11, a Resolution authorizing Change Order No. 2 Final, for 2010-01SWR Curb & Gutter and Sidewalk Project, Owens Enterprises, Inc. (deduct). Resolution No. 139-11 - A Resolution Authorizing Change Order No. 1 (CCO#2 Final) for 2010-01SWR Curb & Gutter and Sidewalk Project; Owens Enterprises, Inc. Be It Resolved by the City Council that the following change order be allowed for 2010- 01SWR, Curb & Gutter and Sidewalk Project: Construction Change Order Number 2 (Final). Adjust plan quantities to as-built quantities for a total decrease of $25,269.13 to close out the project. Adjust contract completion date by 16 working days to close out the project, which will result in 28.5 working days at $25 per day being charged to the contract. F. Action on Resolution No. 140-11, a Resolution authorizing Change Order No. 1 Final, for 2011-01SWR Curb & Gutter and Sidewalk Project, Timmons Construction, Inc. (increase of $2,817.00) Resolution No. 140-11 - A Resolution Authorizing Change Order No. 1 (CCO#1 Final) for 2011-01SWR Curb & Gutter and Sidewalk Project; Timmons Construction, Inc. Be It Resolved by the City Council that the following change order be allowed for 2011- 01SWR, Curb & Gutter and Sidewalk Project: Construction Change Order Number 1 (Final). Adjust contract cost for extra rock needed for stabilization of the valley gutter and a reduction in the steel rebar for the fire department driveway and adjust plan quantities to as-built quantities to final out the project for a total increase of $2,817.00 to close out the project. Adjust contract completion date by 10 working days to close out the project. G. Action on Resolution No. 143-11, concurring in the Placement of Stop Signs on 5th Street at its intersection with 11th Avenue. City of Brookings January 10, 2012 18 Resolution No. 143-11 - Concurring in the Placement of Stop Signs on 5th Street at its intersection with 11th 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. 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 stop signs at 5th Street at its intersection with 11th Avenue. H. Action on Resolution No. 144-11, concurring in the Placement of Stop Signs on 7th Avenue South at its intersection with 3rd Street South. Resolution No. 144-11 - Concurring in the Placement of Stop Signs on 7th Avenue South at its intersection with 3rd 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 stop signs at 7th Avenue South at its intersection with 3rd Street South. On the motion, all present voted yes; motion carried. Presentation of award to Rounds Construction for Southland Detention Pond Project. The Southland Lane Detention Pond Project was submitted to the American Council of Engineering Companies of South Dakota for consideration of their 2011 Engineering Excellence Awards. Since 2006, the American Council of Engineering Companies of South Dakota has celebrated achievements in engineering through the Engineering Excellence Awards competition. This competition, open to all engineering firms, recognizes engineering firms for projects that demonstrate a high degree of achievement, value and ingenuity. The annual program also increases the public’s knowledge and enhances the image of consulting engineer. The Southland Lane Detention Pond Project was designed by Short, Elliot and Hendrickson (S.E.H.) along with Confluence for the landscaping component. The project was constructed by Rounds Construction Company, Inc. and Groundwater, Inc. provided the landscaping. The project won the Grand Award (top award) out of nine projects which were submitted. It will be eligible for the National Engineering Excellence Awards competition. The Southland Lane Detention Pond Project manages storm water while creating a recreational amenity for the community, including walking trails, a nature viewing area and future picnic area. The site also incorporates accessible sidewalk, a variety of new trees and prairie grasses, and adds habitat and improves the bird watching experience. The City of Brookings is pleased to present the Grand Award to Rounds Construction Company, Inc. for this project. Brookings Health Systems Quarterly Financial Report. Representatives from Brookings Health Systems provided the City Council and public with a financial report and update on current and pending issues. City of Brookings January 10, 2012 19 First Reading – Ordinance No. 26-11. A first reading was held on Ordinance No. 26-11, an Ordinance amending Division 2 of Article V of Chapter 74 of the Code of Ordinances of the City of Brookings, South Dakota and pertaining to Snow and Ice Removal from Sidewalks in the City of Brookings, South Dakota. Second Reading: January 10, 2012. Ordinance No. 21-11. A public hearing was held on Ordinance No. 21-11, Budget Amendment #2; an Ordinance entitled “An Ordinance authorizing a supplemental appropriation to the 2011 Budget for the purpose of providing for additional funds for the operation of the City.” No public comment. A motion was made by Kubal, seconded by Bezdichek, to approve Ordinance No. 21-11. All present voted yes; motion carried. Ordinance No. 23-11. A public hearing was held on Ordinance No. 23-11, an Ordinance of the City of Brookings, South Dakota, amending Ordinance No. 22-05, establishing the Retail Economic Development Investment Committee Fund, providing for its funding; providing for its use and providing for its Rules and Regulations. No public comment. A motion was made by Thorpe, seconded by Corbett, to approve Ordinance No. 23-11. All present voted yes; motion carried. Ordinance No. 24-11. A public hearing was held on Ordinance No. 24-11: An Ordinance rezoning the east 140 feet of Outlot 2, excluding the north 40 feet thereof, in the NE ¼ of Section 1-T109N-R50W from an Agricultural A District to a Residence R-3 District. Public hearing: Craig Fairbanks, Brad McManus and Jay Goldhorn opposed the rezoning. The Planning Commission voted against approval of this rezoning. A super majority positive vote of the Council would be required to approve. A motion was made by McClemans, seconded by Bezdichek, to approve Ordinance No. 24-11. All present voted yes; motion carried. Ordinance No. 25-11. A public hearing was held on Ordinance No. 25-11: An Ordinance rezoning Block 2 and Lots 1-12 of Block 3, Legeros Addition from a Residence R-2 District to a Residence R-1C District. Public hearing: Dick Smith, Terry McKeown, Lori Jager, Hunter Jager, Brandt Kreyger, Ron Siverhus, Monte Harming, and Vanessa Munson spoke in favor. Jim Welch spoke in opposition. A motion was made by Kubal, seconded by Corbett, to approve Ordinance No. 25-11. All present voted yes; motion carried. Resolution No. 141-11. Mayor Reed turned the meeting over to Deputy Mayor Thorpe. A public hearing was held on Resolution No. 141-11, a Resolution of Intent to Lease Real Property to South Dakota State University Foundation. No public comment. A motion was made by Kubal, seconded by Corbett, to approve Resolution No. 141-11. All present voted yes; except Reed abstained, motion carried. Resolution No. 141-11 - Resolution of Intent to Lease Real Property to South Dakota State University Foundation 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 agreement with the SDSU Foundation, for a period of one year and automatically renewable on a month to month basis thereafter and pertaining to the following described property: Research & Technology Center; 809 32nd Avenue, Unit 1. City of Brookings January 10, 2012 20 Be It Further Noted, that a Public Hearing on this Resolution was held on December 13, 2011 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. Mayor Reed resumed as presiding over the meeting. City Manager Compensation Package. A motion was made by Reed, seconded by Corbett, to increase the City Manager annual salary by five (5) percent ($6,027.50). No public comment. All present voted yes; motion carried. Resolution No. 142-11. A motion was made by Thorpe, seconded by Corbett, to approve Resolution No. 142-11, a Resolution setting forth a schedule of proposed fines for violations of the Ordinances of the City of Brookings, South Dakota. No public comment. All present voted yes; motion carried. Resolution No. 142-11 - 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 Offense Fine Costs Total Miscellaneous Offenses 6-3 Open Container (alcoholic beverage) (Beer, wine, liquor in vehicle or on street) 60.00 60.00 120.00 6-142 Attempt to Purchase 60.00 60.00 120.00 6-143 Misrepresentation of Age 60.00 60.00 120.00 6-73 Possession of Keg Restricted 60.00 60.00 120.00 70-35 Littering 60.00 60.00 120.00 58-33 Resisting an Officer 60.00 60.00 120.00 58-36 Fleeing from a Police Officer 60.00 60.00 120.00 58-161 Public Urination 60.00 60.00 120.00 (formerly Disorderly Conduct) 58-162 Disturbing the Peace - House Parties First Offense 60.00 60.00 120.00 Second Offense (within 1 year period) 100.00 60.00 160.00 Third Offense (within 1 year period) 200.00 60.00 260.00 70-107 Location of Collection Containers 30.00 60.00 90.00 74-211 Failure to Remove Snow from Sidewalk 60.00 60.00 120.00 Parking Offenses with Court Appearances 82-421 Position of Parking on Two-Way Road 20.00 60.00 80.00 82-427 Places Where Standing and Parking is Prohibited 20.00 60.00 80.00 82-428 Places Where Stopping is Prohibited 20.00 60.00 80.00 City of Brookings January 10, 2012 21 82-432 Parking In Excess of 72 Hours. 20.00 60.00 80.00 82-433 Parking in Alleys 20.00 60.00 80.00 82-461 Designation of Prohibited Parking 20.00 60.00 80.00 82-462 Designation of Limited Parking 20.00 60.00 80.00 82-463 Illegal Parking (2 hr. downtown or Medary) 20.00 60.00 80.00 82-464 Parking at Night in Business Section 20.00 60.00 80.00 82-465 Parking Prohibited During Snow Removal 50.00 60.00 110.00 82-468 Parking in Disabled Space w/o Permit 100.00 60.00 160.00 82-521 Maximum Duration of Parking 20.00 60.00 80.00 94-431(2) Front Yard Parking Prohibited 20.00 60.00 80.00 Parking Offenses (if paid w/in 72 hours)/ Without Court Appearance 82-421 Position of Parking on Two-Way Road 15.00 82-427 Places Where Standing and Parking is Prohibited 15.00 82-428 Places Where Stopping is Prohibited 15.00 82-432 Parking In Excess of 72 Hours. 15.00 82-433 Parking in Alleys 15.00 82-462 Designation of Limited Parking 15.00 82-463 Illegal Parking (2 hr. downtown or Medary) 15.00 82-464 Parking at Night in Business Section 15.00 82-465 Parking Prohibited During Snow Removal 35.00 82-468 Parking in Disabled Space w/o Permit 100.00 82-521 Maximum Duration of Parking 15.00 94-431(2) Front Yard Parking Prohibited 15.00 Traffic/Driving Offenses 82-127 Failure to Comply w/Warning Ticket 60.00 60.00 120.00 82-167 Traffic Signals 60.00 60.00 120.00 82-203 Duty to Provide Information 60.00 60.00 120.00 82-206 Unattended Vehicle 60.00 60.00 120.00 82-207 Property Damage 60.00 60.00 120.00 82-208 Immediate Notice 60.00 60.00 120.00 82-241 Driver's License Violation 60.00 60.00 120.00 82-242 Age of Driver 60.00 60.00 120.00 82-243 License Plate Violation 60.00 60.00 120.00 82-244 Maximum Passengers 60.00 60.00 120.00 82-246 Driving on Sidewalk 60.00 60.00 120.00 82-247 Exhibition Driving 60.00 60.00 120.00 82-248 Following Too Closely 60.00 60.00 120.00 82-249 Following Fire Apparatus 60.00 60.00 120.00 82-251 Unsafe Backing 60.00 60.00 120.00 82-252 Driving Over Fire Hose 60.00 60.00 120.00 82-271 Driving on Left Side of Street 60.00 60.00 120.00 82-276 Driving on Divided Highway 60.00 60.00 120.00 82-277 Overtaking Vehicles/Passingto Left City of Brookings January 10, 2012 22 Required; Cutting in Front 60.00 60.00 120.00 82-279 Passing in No Passing Zone 60.00 60.00 120.00 82-280 Duty of Driver of Overtaken Vehicle; Increasing Speed 60.00 60.00 120.00 82-303 Exceeding Limits (below) 82-304 Maximum Speed Generally (below) 82-305 Speed Zones (below) 1-5 mph Over Speed Limit 30.00 60.00 90.00 6-10 mph Over Speed Limit 40.00 60.00 100.00 11-15 mph Over Speed Limit 60.00 60.00 120.00 16-20 mph Over Speed Limit 80.00 60.00 140.00 21-25 mph Over Speed Limit 105.00 60.00 165.00 Over 25 (Court Appearance)160.00 60.00 220.00 82-306 Speeding in School Zones 1-5 mph Over Speed Limit 50.00 60.00 110.00 6-10 mph Over Speed Limit 60.00 60.00 120.00 11-15 mph Over Speed Limit 95.00 60.00 155.00 16-20 mph Over Speed Limit 130.00 60.00 190.00 Over 20 (Court Appearance)150.00 60.00 210.00 82-309 Reckless Driving 70.00 60.00 130.00 82-310 Careless Driving 60.00 60.00 120.00 82-332 Right Turn 60.00 60.00 120.00 82-333 Left Turn 60.00 60.00 120.00 82-334 U-Turn Restricted 60.00 60.00 120.00 82-337 Cutting Corner 60.00 60.00 120.00 82-362 Yielding Right-of-Way to Emergency Vehicles; Duty of Driver of Emergency Vehicle not to Exercise Right-of-Way Arbitrarily 60.00 60.00 120.00 82-365 Vehicle Entering Stop Intersection 60.00 60.00 120.00 82-366 Stop Required Before Entering from Alley, Building or Private Road; Place of Stopping 60.00 60.00 120.00 82-367 Obedience to Stop and Yield 60.00 60.00 120.00 82-369 Stop at Railroad Crossing Signal 60.00 60.00 120.00 82-392 Obedience (One Way Streets & Alleys) 60.00 60.00 120.00 82-424 Manner of Use of Diagonal Parking Spaces 40.00 60.00 100.00 82-561 Lights on Vehicle 60.00 60.00 120.00 82-563 Obstruction of Vision 60.00 60.00 120.00 82-565 Exhaust System 60.00 60.00 120.00 82-603 Pedestrian Right-of-Way 60.00 60.00 120.00 82-605 Jaywalking 40.00 60.00 100.00 82-682 Operation of Snowmobiles on Public Parks, Streets, Roads, Alleys Sidewalks, Boulevards& Rights- City of Brookings January 10, 2012 23 of-Way 60.00 60.00 120.00 82-684 Operation of Snowmobiles on Public Property 60.00 60.00 120.00 82-721 Clinging to Moving Vehicles 60.00 60.00 120.00 82-751 Bicycle Offense 25.00 60.00 85.00 82-842 Driving Through Processions 60.00 60.00 120.00 Housing and Zoning Offenses Housing 22-374 Agent Required 60.00 60.00 120.00 22-401 Licensing of Leased Dwelling Units 60.00 60.00 120.00 22-402 Filing of Application Forms 60.00 60.00 120.00 22-405 Payment of License Fees 60.00 60.00 120.00 22-432 Failure to Comply With Smoke Detector Requirement First Offense 155.00 60.00 w/ 100.00 (suspended on condition of no similar violations for 1 year.) Second Offense 155.00 60.00 215.00 Third Offense 200.00 60.00 260.00 22-433 Failure to Comply with Exit Requirement First Offense 155.00 60.00 w/ 100.00 (suspended on condition of no similar violations for 1 year.) Second Offense 155.00 60.00 215.00 Third Offense 200.00 60.00 260.00 22-434 Failure to Comply with Parking Requirement First Offense 155.00 60.00 w/ 100.00 (suspended on condition of no similar violations for 1 year.) Second Offense 155.00 60.00 215.00 Third Offense 200.00 60.00 260.00 Zoning 94-123(c) First Offense: 94-124(c) 200.00 60.00 w/ 150.00 City of Brookings January 10, 2012 24 (suspended on condition of no similar violations for 1 year.) 94-125(c) Permitted Uses (Unlawful Use) 94-126(c) 94-127(c) 94-128(c) Second Offense: 94-129(c) 200.00 60.00 260.00 94-130(c) All Other Zoning Ordinances Violations Nature Park. A motion was made by Corbett, seconded by Kubal, to name the Nature Park the “Dakota Nature Park.” All present voted yes; motion carried. Review of Liquor Store draft Request for Proposal was rescheduled to December 20, 2011. Consideration of the City being a co-applicant of an EDA Grant. Al Heuton, BEDC Executive Director, requested the City to become a co-applicant in their request to the US Department of Commerce, Economic Development Administration (EDA) to construct a “Technology Commercialization Center”. BEDC is a nonprofit organization; therefore the EDA is requiring them to identify a public co-applicant. A motion was made by Reed, seconded by Thorpe, authorizing the City of Brookings as a co-applicant in a request to the US Department of Commerce, Economic Development Administration (EDA) grant to construct a “Technology Commercialization Center,” and provide up to a $500,000 loan guarantee. All present voted yes; motion carried. Executive Session. A motion was made by Corbett, seconded by Kubal, to enter into executive session at 9:00 p.m. for purposes of consulting with legal counsel on pending contractual matters, pursuant to SDCL 1-25-2(3) with the City Council, City Manager, City Attorney, City Clerk, Mike Struck, and BEDC representatives Ryan Brunner, Al Heuton and Mike Bartley present. A motion was made by Corbett, seconded by Kubal, to exit executive session at 9:10 p.m. Adjourn. A motion was made by Corbett, seconded by Kubal, to adjourn. All present voted yes; motion carried. Meeting adjourned at 9:11 p.m. CITY OF BROOKINGS ATTEST: Tim Reed, Mayor Shari Thornes, City Clerk City of Brookings January 10, 2012 25 Brookings City Council December 20, 2011 (unapproved) The Brookings City Council held a meeting on Tuesday, December 20, 2011 at 5:00 p.m., at City Hall with the following members present: Mayor Tim Reed, Council Members John Kubal, Mike McClemans, Tom Bezdichek, Ope Niemeyer, Jael Thorpe and Keith Corbett. City Attorney Steve Britzman, City Manager Jeff Weldon and City Clerk Shari Thornes were also present. Executive Session. A motion was made by Kubal, seconded by Thorpe, to enter into executive session at 5:04 p.m. for purposes of discussing marketing or pricing strategies for a municipally owned business where public discussions would be harmful to the competitive position of the business with the following present: City Council, City Manager, City Attorney, City Clerk, and Brookings Municipal Utilities representatives Laura Julius and Steve Meyer. A motion was made by Corbett, seconded by Kubal, to exit executive session at 6:04 p.m. Brookings Municipal Utilities Financial Report. Steve Meyer and Laura Julius, Brookings Municipal Utilities representatives, updated the City Council with current financial report and other pending issues. 6:00 P.M. MEETING. Consent Agenda. Approval of the agenda and action to approve Resolution No. 147-11, a Resolution authorizing the Mayor to sign an Agreement for preliminary engineering to evaluate FAA impacted facilities, were removed from the consent agenda for separate action, an executive session for consulting with legal counsel on legal and contractual matters was added, possible reconsideration Ordinance No. 25-11 was added, and the Update on the Northwest Quadrant was removed from the agenda. A motion was made by Kubal, seconded by Corbett, to approve the consent agenda as amended. A. Action to approve Resolution No. 145-11, a Resolution designating the Mayor as a Certifying Officer for ICAP Self-Help Homeownership Opportunity Program. Resolution No. 145-11 - Resolution Designating Mayor as Certifying Officer for ICAP Self-Help Homeownership Opportunity Program Whereas, the Inter-Lakes Community Action Partnership (ICAP) expects to utilize US Department of Housing and Urban Development Self-Help Homeownership Opportunity Program (SHOP) funds to assist with the purchase of land for housing development purposes; and Whereas, the City of Brookings is required to designate an environmental certifying officer for the purpose of signing required environmental documents pertaining to this grant program; Now, Therefore, Be It Resolved, that the Mayor be hereby designated as the city's official for the purpose of signing environmental correspondence and other required documents and forms for said project. B. Action to approve Resolution No. 146-11, a Resolution authorizing Change Order No. 1 for 2011-02BLD City of Brookings Garage Project, Clark Drew Construction (under $5,000 increase). City of Brookings January 10, 2012 26 Resolution No. 146-11 - Resolution Authorizing Change Order No. 1 for 2011- 02BLD Airport Building Addition Project; Clark Drew Construction Be it Resolved by the City Council that the following change order be allowed for 2011- 02BLD Airport Building Addition Project: Construction Change Order Number 1 Adjust contract for additional excavation and fill for footings and construction of a bond beam for the garage foundation due to a buried concrete structure and to deduct the concrete apron for the garage for a total increase of $588.53 to the contract. On the motion, all present voted yes; motion carried. Agenda: A motion was made by McClemans, seconded by Thorpe, to approve the agenda as amended. All present voted yes; motion carried. Resolution No. 147-11. A motion was made by Thorpe, seconded by McClemans, to approve Resolution No. 147-11, a Resolution authorizing the Mayor to sign an Agreement for preliminary engineering to evaluate FAA impacted facilities. Discussion: Bezdichek voiced his objection to FAA processes and procedures. On the motion: all present voted yes, except Bedichek voted no, motion carried. Resolution No. 147-11 - Resolution Authorizing Mayor to Sign an Agreement for Preliminary Engineering to Evaluate FAA Impacted Facilities Whereas, the Brookings City Council desires navigational aids to support the Brookings Regional Airport’s planned project to build new runway 11/29 which will replace the existing Runway 12/30; and Whereas, the runway project will impact several FAA facilities which will require the relocation of these facilities and the facilities’ infrastructure. Now, Therefore, Be Resolved, that the Mayor is hereby authorized to sign all documents related to Federal Aviation Administration Project “Preliminary Engineering to Evaluate FAA Impacted Facilities”. Reconsideration of Ordinance No. 25-11 – Rezoning. A motion was made by McClemans, seconded by Bezdichek, to reconsider action taken on Ordinance No. 25-11: An Ordinance rezoning Block 2 and Lots 1-12 of Block 3, Legeros Addition from a Residence R-2 District to a Residence R-1C District, which was approved on December 13, 2011. On the motion: McClemans and Thorpe voted yes; Bezdichek, Corbett, Kubal, Niemeyer and Reed voted no; motion failed to reconsider. First Reading – Ordinance No. 27-11. A first reading was held on Ordinance No. 27-11, an Ordinance pertaining to an application for an amended Conditional Use for a three-unit apartment in the Residence R-2 District on the west 183 feet of the east 288 feet of the south 140 feet of Block 11, Parkdale Home Second Addition, 208 West 8th Street. Public Hearing: January 10, 2012. Review of Liquor Store draft Request for Proposal. Jeffrey Weldon, City Manager, presented various policy issues and considerations for developing a Request for Proposal (RFP) City of Brookings January 10, 2012 27 for the possible divestiture of the Municipal Retail Liquor Operation. No action was taken on the RFP. A motion was made by Reed, seconded by McClemans, to continue discussion on the issue during one of next three council meetings. All present voted yes; motion carried. Shamrock/Tappers Bar & Grill Liquor Operating Agreement. Thorpe recused herself due to personal conflict. The Council discussed the disposition of the liquor operating agreement held by The Shamrock and Tappers Bar and Grill, which expires December 31, 2011. As of this date, the business has not submitted its 2012 On-sale Liquor License application or annual $1,500 fee payable to the City. No sale of alcohol will be allowed beyond midnight of December 31, 2011. Pursuant to the City Council’s policy regarding Liquor Operating Agreements, failure to use an agreement is grounds for termination. The City Manager is required to report any inactive operating agreements to the City Council to consider the circumstances and for appropriate action. If the City terminates the agreement with the Shamrock, the remaining $22,500 of the operating agreement, less any outstanding debts to the City, will be refunded to the owners. ACTION: A motion was made by Bezdichek, seconded by Niemeyer, to authorize the city manager to provide notice to “manager” of the termination of the agreement effective immediately due to the fact the premises are no longer available and an inactive license. Discussion: The holders of the operating agreement are currently in default. The business and Shamrock location is currently in possession by a financial institution. That entity has indicated they have no desire to utilize the agreement; additionally, has certain obligations for timely payment of bills and renewal fee deadline. The amount to be refunded to the bank to be determined administratively by the city manager with the assistance of the city attorney, pursuant to operating agreement provisions and city policies. On the motion; all present voted yes; motion carried. Thorpe returned to dias. Executive Session. A motion was made by Corbett, seconded by McClemans, to enter into executive session at 7:51 p.m. for purposes of consulting with legal counsel on pending legal matters, pursuant to SDCL 1-25-2(3) with the City Council, City Manager, City Attorney, City Clerk, Al Heuton, Mike Bartley and Van Fishback present. A motion was made by Corbett, seconded by Thorpe, to exit executive session at 8:28 p.m. Adjourn. A motion was made by Corbett, seconded by Kubal, to adjourn. All present voted yes; motion carried. Meeting adjourned at 8:30 p.m. CITY OF BROOKINGS ATTEST: Tim Reed, Mayor Shari Thornes, City Clerk City of Brookings January 10, 2012 28 CONSENT AGENDA #4 C. Action on an Abatement request from Grant Peterson, c/o James Paige, to abate a portion of the 2011 taxes in the amount of $39.80 for a mobile home located at 208 Round Up Circle, Lot #208, which was destroyed by fire. Grant Peterson has submitted a request to abate a portion of the 2011 property taxes on the above referenced property in the amount of $39.80. A copy of the application is enclosed. The County Director of Equalization recommends approval. City of Brookings January 10, 2012 35 CONSENT AGENDA #4 D. Action on city board, commission and committee appointments. Mayor Reed has submitted the following appointment recommendations for Council consideration. Brookings Health System Board of Trustees Number of positions: 2 Position currently held by: Robert Jones, vacant Term Length: 3 years Residency Requirement: Must be a resident of Brookings County Purpose: The Brookings Health System Board of Trustees is an administrative board responsible for the planning, operation and evaluation of all hospital and nursing home programs, services and related organizational activities consistent with the City Charter, Ordinance and facility by laws. (Formerly called the “Brookings Hospital Board”.) Mayor’s Appointment Recommendations 1. Justin Sell 2. Walter Wosje City of Brookings January 10, 2012 36 CONSENT AGENDA #4 E. Action on Resolution No. 01-12, a Resolution directing preparation of Assessment Roll, dividing Assessments into installments, and providing for the collection thereof for Sidewalk Assessment, Project 2010-01SWR (2010 Sidewalk Repairs). The 2010-01SWR is the annual concrete replacement project which entailed construction of miscellaneous concrete work in the 2010 sidewalk area and also included repair of curb and gutter, fillets, valley gutters, curb ramps and homeowner trip hazard sidewalks. Also included with this project was concrete pavement repair on Railroad Street and new sidewalks along the City-owned lots on 15th Street South west of Camelot Intermediate School. The project has been completed and the final change order was approved. The City Engineer is proceeding with the assessment process to bill the property owners for their sidewalk construction costs. The assessment cost for each landowner is calculated by using their specific sidewalk bid cost plus the 6% engineering and administration fee. Resolution No. 65-10 authorized the sidewalk assessment project. This resolution directs the preparation of the assessment roll and outlines the actual total cost of the sidewalk repairs completed in the 2010-01SWR project. There will be two upcoming resolutions; one to set the hearing date and one to levy the sidewalk assessment. This resolution directs staff to calculate the actual cost of the sidewalk repairs for each property owner and prepare the assessment roll. City of Brookings January 10, 2012 37 Resolution No. 01-12 Resolution directing preparation of Assessment Roll, dividing Assessments into installments, and providing for the collection thereof for Sidewalk Assessment, Project 2010-01SWR (2010 Sidewalk Repairs) 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 No. 65-10, a Resolution Determining the Necessity of Repairing or Installing Sidewalks for Sidewalk Assessment Project No. 2010-01SWR. 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 Sidewalk Assessment Project No. 2010-01SWR 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 City Hall showing the total cost of said improvement as follows: Contract price $82,175.24 Engineering, inspection, fiscal, legal expense, publication 554.72 Total Expense $82,730.38 4. The total cost of said improvement shall be paid as follows: City Repair Costs $ 72,929.88 Assessable costs $ 9,245.36 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 five (5) equal annual installments for all amounts over $300.00. For amounts of $300.00 or less, the entire assessment shall be due. 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%). Passed and approved this 10th day of January 2012. CITY OF BROOKINGS ATTEST: Tim Reed, Mayor Shari Thornes, City Clerk City of Brookings January 10, 2012 38 CONSENT AGENDA #4 F. Action on Resolution No. 02-12, a Resolution directing preparation of Assessment Roll, dividing Assessments into installments, and providing for the collection thereof for Sidewalk Assessment, Project 2011-01SWR (2011 Sidewalk Repairs). The 2011-01SWR is the annual concrete replacement project which entailed construction of miscellaneous concrete work in the 2011 sidewalk area and also included repair of curb and gutter, fillets, valley gutters, curb ramps and homeowner trip hazard sidewalks. Also included with this project was concrete pavement repair on Railroad Street and new valley gutter on City park property west of Indian Hills Road. The project has been completed and the final change order was approved. The City Engineer is proceeding with the assessment process to bill the property owners for their sidewalk construction costs. The assessment cost for each landowner is calculated by using their specific sidewalk cost plus the 6% engineering and administration fee. Resolution No. 78-11 authorized the sidewalk assessment project. This resolution directs the preparation of the assessment roll and outlines the actual total cost of the sidewalk repairs completed in the 2011-01SWR project. There will be two upcoming resolutions; one to set the hearing date and one to levy the sidewalk assessment. This resolution directs staff to calculate the actual cost of the sidewalk repairs for each property owner and prepare the assessment roll. City of Brookings January 10, 2012 39 Resolution No. 02-12 Resolution directing preparation of Assessment Roll, dividing Assessments into installments, and providing for the collection thereof for Sidewalk Assessment, Project 2011-01SWR (2011 Sidewalk Repairs) 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 No. 78-11, a Resolution Determining the Necessity of Repairing or Installing Sidewalks for Sidewalk Assessment Project No. 2011-01SWR. 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 Sidewalk Assessment Project No. 2011-01SWR 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 City Hall showing the total cost of said improvement as follows: Contract price $105,964.50 Engineering, inspection, fiscal, legal expense, publication 294.06 Total Expense $106,258.56 4. The total cost of said improvement shall be paid as follows: City Repair Costs $ 101,063.43 Assessable costs $ 4,901.07 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 five (5) equal annual installments for all amounts over $300.00. For amounts of $300.00 or less, the entire assessment shall be due. 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%). Passed and approved this 10th day of January 2012. CITY OF BROOKINGS ATTEST: Tim Reed, Mayor Shari Thornes, City Clerk City of Brookings January 10, 2012 40 CONSENT AGENDA #4 G. Action on Resolution No. 03-12, a Resolution authorizing Change Order No. 3, (CCO#3 Final) for 2011-07STI Main Avenue and Front Street Project, Bowes Construction, Inc. This project was designed by Civil Design Inc. and entails the construction of new curb & gutter and islands at the railroad tracks on Main Avenue in preparation for the new railroad safety crossing gate project, realignment and reconstruction of Front Street between 3rd Street and Main Avenue, and the construction of the Fire Department Parking Lot and the Park & Recreation Parking Lot. The City will be reimbursed $100,000 from the Railroad Crossing Improvement Program (RCIP) through the SD Department of Transportation for the new railroad safety crossing gates. The program’s purpose is to provide funding for the implementation of safety improvements where a public roadway intersects active railroad tracks. In the design of the project, the Front Street intersection at Main Avenue was moved to the north of its current location to provide the appropriate stacking distance on the north side of the railroad tracks. The project is completed and ready to be closed out. This resolution will adjust the plan quantities to as-built quantities, for an increase of $1,976.30 to the contract. The increase is mainly due to additional asphalt needed for patching between the new median and the west curb and gutter. There is no change to the contract completion date. The change order is summarized below: Original Contract Price: $377,604.58 Change from Previously Approved Change Orders (No. 1 & 2): $ 2,294.00 Contract Price Prior to this Change Order: $379,898.58 Increase of this Change Order (No. 3 Final): $ 1,976.30 Contract Price incorporating this Change Order: $381,874.88 This resolution will approve Change Order No. 3 (CCO #3 Final) for an increase of $1,976.30 to close out the project. City of Brookings January 10, 2012 41 Resolution No. 03-12 A Resolution Authorizing Change Order No. 3 (CCO#3 Final) for 2011-07STI Main Avenue and Front Street Project Bowes Construction Inc. Be It Resolved by the City Council that the following change order be allowed for 2011-07STI Main Avenue and Front Street Project: Construction Change Order Number 3 Final Adjust estimated bid quantities to “as-built” quantities for a total increase of $1,976.30 to close out the project. Passed and approved this 10th day of January, 2012. CITY OF BROOKINGS _________________________ Tim Reed, Mayor ATTEST: ____________________________ Shari Thornes, City Clerk City of Brookings January 10, 2012 42 CONSENT AGENDA #4 H. Action on Resolution No. 04-12, a Resolution authorizing Change Order No. 1, (CCO#1 Final) for 2011-08STI Street Maintenance and Overlay Project, Bowes Construction, Inc. This project was the annual street maintenance project that entailed street repairs and asphalt overlays on various streets in Brookings. The project included repair on a number of streets due to high water tables and deteriorating asphalt conditions. Schedule A for this project included asphalt milling, digout, overlay and drain tile work on the following streets:  20th Street South near Medary Avenue South (drain tile and minor repair)  Medary Avenue South from Pheasant Run Road to 20th Street South (drain tile and minor repair)  34th Avenue from 6th Street to Highway 14 Bypass (digout repair - carry over from 2010)  34th Avenue from Highway 14 Bypass to Landfill (digout and repair)  Teresa Avenue (digout repair, repave)  Pheasant Run Road (drain tile) Schedule B for this project entailed gravel preparation and asphalt paving for the east parking lot of the Larson Ice Arena. This project has been completed and is ready to be closed out. This resolution will adjust the plan quantities to as-built quantities, for a decrease of $1,432.64 to Schedule A (Overlays) and for a decrease of $30,652.40 to Schedule B (Larson Ice Arena east parking lot). The large decrease in cost for Schedule B was due to the parking lot being smaller in size than was estimated in the plans. The substantial completion date for Schedule B was September 15, 2011 and the project was completed 13 working days late. This results in a charge of liquidated damages for $650.00 which was 13 working days at $50.00 per working day. The change order is summarized below: Original Contract Price: $602,341.77 Change from Previously Approved Change Orders: $ 0.00 Contract Price Prior to this Change Order: $602,341.77 Decrease of this Change Order (No. 1 Final): ($ 32,735.04) City of Brookings January 10, 2012 43 Contract Price incorporating this Change Order: $569,606.73 This resolution will approve Change Order No. 1 (CCO #1 Final) for a decrease of $32,735.04 to close out the project and a charge of $650.00 for liquidated damages for Schedule B. Resolution No. 04-12 A Resolution Authorizing Change Order No. 1 (CCO#1 Final) For 2011-08STI Street Maintenance and Overlay Project Bowes Construction Inc. Be It Resolved by the City Council that the following change order be allowed for 2011-08STI Street Maintenance and Overlay Project: Construction Change Order Number 1 Final Adjust estimated bid quantities to “as-built” quantities for a total decrease of $32,735.04 to close out the project. Passed and approved this 10th day of January, 2012. CITY OF BROOKINGS _________________________ Tim Reed, Mayor ATTEST: ____________________________ Shari Thornes, City Clerk City of Brookings January 10, 2012 44 CONSENT AGENDA #4 I. Action on Resolution No. 06-12, a Resolution authorizing the Mayor to sign an Agreement for Airport Project AP7000 (02), Ground Communications Outlet Radio. The South Dakota Department of Transportation has initiated a project to supply selected airports in South Dakota with a Ground Communications Outlet (GCO) Radio, which is estimated at $10,000. The radio equipment will allow pilots to communicate directly with the Minneapolis Center for clearance delivery and route advisories. Currently, pilots must call a Flight Service Station which relays the information to the Minneapolis Center and vice versa. The new radio equipment will be an improvement by allowing the pilots to communicate directly with the Minneapolis Center. The State of South Dakota will supply the equipment and the City of Brookings is required to supply a dedicated phone line and maintenance. There is currently one phone line in the vestibule of the airport terminal building and an additional phone line would be installed for the radio which will cost approximately $17 per month. The cost for the maintenance and phone line will be reimbursable through the City’s Fuel Tax Account. This resolution will authorize the Mayor to sign the Sign an Agreement for Airport Project AP7000 (02), Ground Communications Outlet Radio. Resolution No. 06-12 Resolution Authorizing Mayor to Sign an Agreement for Airport Project AP7000 (02), Ground Communications Outlet Radio Whereas, the Brookings City Council desires a Ground Communications Outlet (GCO) radio to serve the Brookings Airport users; and Whereas, the State will purchase a GCO radio for the Brookings Municipal Airport; and Whereas, the City of Brookings will install the GCO radio and maintain the GCO equipment as required by the terms of the agreement. Now, Therefore, Be Resolved, that the Mayor is hereby authorized to sign all documents related to Airport Project AP7000(02), Ground Communications Outlet radio. Passed and approved this 10th day of January, 2012. CITY OF BROOKINGS ATTEST: Tim Reed, Mayor Shari Thornes, City Clerk City of Brookings January 10, 2012 47 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. City of Brookings January 10, 2012 48 Open Forum 6. Invitation for a Citizen to schedule time on the Council Agenda for an issue not listed. At this time, any member of the public may request time on the agenda for an item not listed. Items are typically scheduled for the end of the meeting; however, very brief announcements or invitations will be allowed at this time. 7. SDSU Student Senate Report. President – Mark York Vice-President – Anthony Sutton Administrative Assistant – Brooke Reiner Finance Chair – Brian Gottlob State & Local Chair – Jameson Berreth SDSU Senate Website: http://www.wix.com/sdsu_sa/sa City of Brookings January 10, 2012 49 Contracts and Change Orders 8. Action to approve various Government Center Change orders. TO: Mayor and City Council Members FROM: City Manager Jeff Weldon RE: Change orders, Joint City-County Government Center The following are contractual change orders to the abovementioned construction project. These change orders have been approved by the Joint Powers Board as well as the Brookings County Board. Several have no dollar value change but still need to be approved as they represent a change in the scope of work for the respective contract. ASI#2: Provide a 2” X 6” wood runner at the concrete deck to allow metal studs to be flush with exterior wall. Egger Steel Co. 0 Fox Drywall 0 Gil Haugan Const. 0 Mills Const. 0 Olson Masonry, Inc. 0 ASI#3: Revise Duct up to RF-1 from 444/44 to 38/50. Egger Steel Co. 0 Gil Haugan Const. 0 Manning Mechanical 0 ASI#4: Replace concrete piers at the north and south sides of the building masonry and brick piers. American Electric 0 Olson Masonry $9,880 Peska Const. 0 Peska Const. ($4,019) Net $5,861 COR#19: Provide metal furring at structural steel which protrudes into rooms 108, 208, 124, 228, & 323. Fox Drywall $1,550 COR#22: Add 23 linear feet of curb at removed house location at Third Street. Peska Const. $726 City of Brookings January 10, 2012 50 COR#23: Credit for electrical allowance not used. Allowance was created to install electrical conduits in foundation walls, slabs, and footings before the electrical contractor was hired. American Electric ($20,000) EFO#4: Third floor HVAC field modifications American Electric 0 Gemini Acoustical 0 Manning Mechanical 0 Total Fire Protection 0 EFO #5: Chambers room lighting changes American Electrical 0 Fox Drywall 0 Gemini Acoustical 0 Manning Mechanical 0 Total Fire Protection 0 EFO#6: Voice/data cabling changes to Rooms 111, 138, 220, 237, 245, 301, 303, 310, 329, 330, 331, 333, & Tech room. American Electric 0 EFO#7: Chamber room 331; split double duplex receptacles into duplex receptacles. Install 11 voice/data outlets along the east wall in lieu of eight voice data outlets. Each outlet shall have 44 network cables in lieu of 48. American Electric 0 EFO#8: Roof drain piping routing and re-routing/added soffit. American Electric $105 Egger Steel 0 Ellis-Lieffort Painting $210 Fox Drywall $1,610 Gemini Acoustical 0 Krier and Blain $2,220 Manning Mechanical 0 Total Fire Protection 0 Net $4,145 EFO#9: Ductwork re-routing to avoid structural conflicts. Ellis-Lieffort $75 Fox Drywall $534 Manning Mechanical 0 Net $609 City of Brookings January 10, 2012 51 RFP#10: Provide 6 racks for technology systems in IDF rooms. Provide ladder rack with cable drops. (Part of technology package, not bid with construction.) American Electric $4,137 RFP#11: Provided additional casework to back wall of reception area Room 215. Clark Drew Const. $2,628 RFP#12: Exterior lighting revisions to south garage due to site plan change. American Electric ($1,126) Net/Net change, total all change orders: ($1,470) City Manager Introduction Action: Motion to Approve, Request Public Comment, Roll Call City of Brookings January 10, 2012 55 Contracts and Change Orders 9. Action on Resolution No. 05-12, a Resolution authorizing Change Order No. 1, (CCO#1 Final) for 2011-09STI Asphalt Concrete Freight on Board (FOB), Bowes Construction, Inc. This project is the annual street maintenance project that provides the asphalt patching material that the Street Department picks up at the plant to repair patches throughout the City. In the years past, this project was combined with the asphalt overlay project, however this year we bid them separately since this work is a material supply versus a construction project. This project has been completed and is ready to be closed out. This resolution will adjust the plan quantities to as-built quantities, for an increase of $7,085.42 to the contract. The Street Department was able to patch a number of streets with their own equipment and crew which was a cost savings to the overlay project; however, it caused an increase to the Freight on Board contract. There is no change to the contract completion date. The change order is summarized below: Original Contract Price: $65,155.00 Change from Previously Approved Change Orders: $ 0.00 Contract Price Prior to this Change Order: $65,155.00 Increase of this Change Order (No. 1 Final): $ 7,085.42 Contract Price incorporating this Change Order: $72,240.42 This resolution will approve Change Order No. 1 (CCO #1 Final) for an increase of $7,085.42 to close out the project. City Manager Introduction Action: Motion to approve, request public comment, roll call City of Brookings January 10, 2012 56 Resolution No. 05-12 A Resolution Authorizing Change Order No. 1 (CCO#1 Final) for 2011-09STI Asphalt Concrete Freight on Board Project (FOB) Bowes Construction Inc. Be It Resolved by the City Council that the following change order be allowed for 2011-09STI Asphalt Concrete Freight on Board Project (FOB): Construction Change Order Number 1 Final Adjust estimated bid quantities to “as-built” quantities for a total increase of $7,085.42 to close out the project. Passed and approved this 10th day of January, 2012. CITY OF BROOKINGS _________________________ Tim Reed, Mayor ATTEST: ____________________________ Shari Thornes, City Clerk City of Brookings January 10, 2012 57 Second Readings & Public Hearings 10. Public hearing and action on Ordinance No. 26-11, an Ordinance amending Division 2 of Article V of Chapter 74 of the Code of Ordinances of the City of Brookings, South Dakota and pertaining to snow and ice removal from sidewalks in the City of Brookings, South Dakota. NOTE: There have been minor revisions to the Ordinance since first reading held 12/13/2011. Changes have been highlighted. Ordinance No. 26-11 would amend the City Code of Ordinances pertaining to the removal of snow and ice from city sidewalks and curb ramps. The purpose of this ordinance is to strengthen and clarify Brookings’ sidewalk snow removal ordinance to increase the safety of pedestrians during snow and ice season. The revised Ordinance more clearly defines removal requirements, associated fines and penalties for violating of the ordinance, and strengthens compliance and enforcement. The failure to clear sidewalks and curb ramps is $60.00. The goals of the revised ordinance are increased compliance with current requirements, faster removal of snow, and accessible sidewalks for all citizens as soon as possible after a snowfall. Summary of attachments:  Proposed Ordinance noting revisions from 12/13/2011  Existing Snow Ordinance  A memo from the city attorney pertaining to this ordinance and process. City of Brookings Code Enforcement Process for Snow & Ice Removal on Sidewalks  Inspect sidewalks 48 hours after snowfall event  Notice of violation issued to property owners  City crews clear sidewalks  Property owners invoiced for city costs  Special Assessment process for unpaid accounts City Manager Introduction Action: Open and Close Public Hearing, Motion to Approve, Roll Call City of Brookings January 10, 2012 58 Ordinance No. 26-11 An Ordinance amending Division 2 of Article V of Chapter 74 of the Code of Ordinances of the City of Brookings, South Dakota and pertaining to snow and ice removal from sidewalks in the City of Brookings, South Dakota. Be It Ordained by the Governing Body of the City of Brookings, South Dakota, as follows: I. Sec. 74-211. Snow and ice to be removed from sidewalk by property owner. The owner of any property must remove all snow and ice from any sidewalk upon their the property within 48 hours after any snowfall, snow or ice accumulation so that sidewalks are clean and safe for pedestrians for safe and convenient foot travel. Snow and ice must also be removed from that portion of the sidewalk which ends at an intersection or crosswalk, including the curb ramp. The owner of property abutting sidewalks on two intersecting streets must also remove all snow and ice from the sidewalks of both streets, regardless of the source of the snow accumulation. Snow and ice deposited on the sidewalk from the street snow removal process must also be removed within 48 hours of being deposited. Failure to remove snow and ice from a sidewalk in accordance with this ordinance constitutes an ordinance violation. In the event ice has so formed upon a sidewalk that it cannot be removed, then the owner must use sand, salt or other suitable substance in such manner as to prevent the ice from being dangerous, until such time as it can be removed. Snow and ice which is removed from a sidewalk shall be placed on the boulevard or yard. It is unlawful for any person to dispose of or move snow from private property onto a public street, alley or sidewalk. Sec. 74-212. Notice to property owner of failure to remove snow. If city personnel find that any portion of a sidewalk has not been cleared as required by 74-211, the city will provide notice in the form of a card affixed to the front door of the property to the owner of such property. The notice card will advise that the owner has failed to remove snow and/or ice as required by ordinance, and that the property owner is subject to a fine, and further, that the property owner will be responsible to pay for the city’s snow removal costs. Sec. 74-213. City’s collection procedure for snow removal. If the owner does not remove snow and ice from sidewalks as required by 74-211 and the city clears a sidewalk of snow and ice, the city will keep an accurate account of the expenses for sidewalk snow and ice removal, and the city’s cost of snow and ice removal will be collected from the owner of the property or by special assessment. The property owner will be subject to collection procedures in the event accounts are not paid within 30 days. Sec. 74-214. Hearing for approval of assessment. If the city determines that an unpaid account for city snow removal must be collected by special assessment, the city will prepare the assessment against the property for the removal of snow and will submit the assessment to the city council for its approval in accordance with the procedure for special assessments. City of Brookings January 10, 2012 59 Sec. 74-215. Special assessment Lien declared. From the date of approval and filing of the assessment made under this ordinance, the assessment will be filed a special lien against the property described in the assessment and will be collected in like manner as a special assessments are collected for public improvements. Sec. 74-216. Penalties and liability for noncompliance. Any person whose duty it is to remove snow and ice, in addition to a fine for the ordinance violation and liability for the costs incurred by the city’s removal of snow and ice, will be liable for any damage caused by their neglect to keep the sidewalk clear and free of snow and ice. II. All ordinances in conflict herewith are hereby repealed. First Reading: December 13, 2011 Second Reading: January 10, 2012 Published: January 13, 2012 CITY OF BROOKINGS, SD Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk City of Brookings January 10, 2012 60 Current Snow Ordinance – Part II, Chapter 74, Article V, Division 2 Sec. 74-211. Duty of owner or occupant. It shall be the duty of the owner or occupant or person in possession or in charge of any lot, parcel or plat of ground fronting or abutting any sidewalk, to keep such sidewalk free and clear from snow and ice at all times. When it is impossible to clear snow and ice from a sidewalk because it is frozen to the sidewalk, the owner, occupant or person in possession or in charge of such lot shall sprinkle or spread some suitable material upon the same to prevent the walk from becoming slippery and dangerous to travel upon. Sec. 74-212. City may remove. If the owner or person in possession or in charge of any such lot, parcel or plot of ground shall fail or refuse to remove the snow or ice from such sidewalk within 48 hours of the falling of snow or the forming of ice, the city may, if practicable, remove or cause to be removed such snow or ice. The city may assess the cost of snow and ice removal against the fronting or abutting property in accordance with the provisions of this division. Sec. 74-213. City’s cost assessed. The city manager or a city official designed by the city manager shall cause an account to be maintained for the property owner or occupant of each lot which requires city snow removal. Failure to remit payment of the balance of the account within 30 days of billing shall constitute a violation of this division, and the property owner or occupant shall be subject to lien and collection procedures in accordance with this article. Sec. 74-214. Hearing for approval of assessment. If the city manager determines that an unpaid account for city snow removal shall be collected by special assessment, the city official designated by the city manager shall will prepare an estimate of the assessment against such lot for the removal of snow and which has not been paid by the owner or occupant and shall submit the estimate to the city council for its approval in accordance with the procedure for special assessments. Sec. 74-215. Approval of assessments. Upon the day set for the hearing at which the assessment of city snow removal costs shall be submitted for approval, the city council shall meet and, if they find such proposed assessment correct, shall approve the assessment, with or without modification or amendments as it may deem proper, and shall file such assessment with the city clerk. Sec. 74-216. Lien declared. From the date of approval and filing of the assessment made under this division, the assessment shall be a special lien against the property described in such assessment and shall be collected in like manner as special assessments are now collected for public improvements. Sec. 74-217. Recovery by city. The cost of snow removal shall be at the discretion of the city. Such amount may be recovered through municipal or state law abatement procedures or by use of other collection procedures, including a civil action instituted for such purpose. City of Brookings January 10, 2012 61 Sec. 74-218. Liability of offenders. Any person whose duty it is to remove snow as provided in this division, in addition to the penalties prescribed for the violation of this Code, shall be liable to the city for any damage caused by the neglect to keep such sidewalk clear and free of snow and ice. Sec. 74-219. Penalty for failure to comply. Any person whose duty it is to keep a sidewalk free and clear of snow and ice as provided in this division shall, for a violation thereof, be subject to the penalties which may be imposed for a violation of this Code. Secs. 74-220 – 74-250. Reserved. City of Brookings January 10, 2012 62 To: Jeff Weldon, Mike Struck and Shari Thornes From: Steven J. Britzman, City Attorney Date: December 8, 2011 Re: Sidewalk snow removal/ Preliminary research Comments: I have researched South Dakota law concerning the relatively simple proposition or question: Whether a City employee can walk upon private property to place a written Notice on the door or in a similar manner, advising the homeowner to promptly remove snow or ice from their property. South Dakota State law would not consider this to be a trespass unless access is denied under the following statute: 22-35-6. Entering or refusing to leave property after notice-- Misdemeanor. Any person who, knowing that he or she is not privileged to do so, enters or remains in any place where notice against trespass is given by: (1) Actual communication to the person who subsequently commits the trespass; (2) Posting in a manner reasonably likely to come to the attention of trespassers; or (3) Fencing or other enclosure which a reasonable person would recognize as being designed to exclude trespassers; is guilty of a Class 2 misdemeanor. However, if such trespasser defies an order to leave, personally communicated to him or her by the owner of the premises or by any other authorized person, the trespasser is guilty of criminal trespass, which is a Class 1 misdemeanor. Unless access to the front door or a similar place on private property is denied under the foregoing statute, a civilian employee of the city could leave a written notice upon the property. If access is denied, then the notice would need to be mailed or served by law enforcement. It is possible there is some further legal authority I have not yet found, so I will keep looking, but the foregoing statute appears to govern access to private property, regardless of the purpose. Law enforcement would have specific privileges not addressed in the foregoing statute. Authority to require snow and ice removal is found under the following statute: 9-30-5. Streets and public places - Snow removal - Weed removal - Special assessment. Every municipality shall have power to require the owner of abutting property to remove snow and ice from sidewalks and weeds from parking, and to provide for their removal and for taxing the expense thereof by special assessment against the abutting property. As to the sufficiency of a posted written Notice, the contemplated procedure to leave a written tag or door hanger, similar to the placement of a parking ticket on a vehicle, can serve as acceptable notice, provided the notice is sufficiently detailed to provide reasonable due process of the alternatives available to the homeowner. Case law pertaining to use of a ticket, rather than a formal summons, was sufficient to give notice in the following case excerpt, and a door City of Brookings January 10, 2012 63 hangar as long as it is quite likely to reach the intended responsible party should be acceptable notice: Ample notice must be given to a vehicle owner that failure to either pay or contest a parking citation could result in immobilization of the vehicle, but that warning need not come by personally serving parking summonses on vehicle owners. Patterson v. Cronin, 650 P.2d 531 (Colo. 1982) (en banc). Placing tickets on a windshield that indicate that a failure to deal appropriately with the ticket could result in possible immobilization or impoundment satisfies due process notice requirements. Wilson v. City of New Orleans, 466 So.2d 726, 729 (La. Ct. App. 1985). City of Brookings January 10, 2012 64 Second Readings & Public Hearings 11. Public hearing and action on Ordinance No. 27-11, an Ordinance pertaining to an application for an amended Conditional Use for a three-unit apartment in the Residence R-2 District on the west 183 feet of the east 288 feet of the south 140 feet of Block 11, Parkdale Home Second Addition, 208 West 8th Street. Applicant: John Moriarty Proposal: Remodel 3-unit apartment and add two bedrooms Background: The owner was granted a conditional use to establish three dwelling units in this older house in 2009. The ordinance is attached and details the one condition which was required for compliance. This lot is 183’ x 140’ (.6 acres). A parking lot was established to the west of the tri-plex in 2009. The owner’s residence is west of the parking lot. A single-family dwelling is on the corner to the east. Specifics: The petitioner submitted plans to convert the attached garage into living space. Two bedrooms would be added to one of the units which triggered the amendment. On-premise parking would have to be increased accordingly. All the parking will be in the west parking lot. Recommendation: The Planning Commission voted 7 yes and 0 no to recommend approval of the amendment to the Conditional Use Permit. City Manager Introduction Action: Open and Close Public Hearing, Motion to Approve, Roll Call City of Brookings January 10, 2012 65 Ordinance No. 27-11 An Ordinance pertaining to an application for an amended Conditional Use for a three-unit apartment 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 the addition of two bedrooms in one of the dwelling units in the apartment on the west 183 feet of the east 288 feet of the south 140 feet of Block 11, Parkdale Home Second Addition with the following conditions: NONE All sections and ordinances in conflict herewith are hereby repealed. First Reading: December 20, 2011 Second Reading: January 10, 2012 Published: January 13, 2012 CITY OF BROOKINGS __________________________ Tim Reed, Mayor ATTEST: ________________________________ Shari Thornes, City Clerk City of Brookings January 10, 2012 68 Planning Commission Brookings, South Dakota December 6, 2011 OFFICIAL MINUTES Chairperson Al Heuton called the regular meeting of the City Planning Commission to order on December 6, 2011, at 7:00 PM in the Council Chamber at City Hall. Members present were Wayne Avery, Hal Bailey, Mike Cameron, Greg Fargen, Alan Gregg, John Sydow, and Heuton. Donna DeKraai and John Gustafson were absent. Also present were Shawn Knapp, Jim Flippin, Community Development Director Mike Struck, and Planning and Zoning Administrator Dan Hanson. Item #4 – John Moriarty has submitted an application to amend a Conditional Use Permit on the west 183 feet of the east 288 feet of the south 140 feet of Block 11, Parkdale Home Second Addition, also known as 208 West 8th Street. The request is to establish two additional bedrooms in one dwelling unit. (Gregg/Sydow) Motion to approve the amendment. All present voted aye. MOTION CARRIED. SUMMARY OF DISCUSSION Item #4 – Shawn Knapp, representing John Moriarty, stated the parking lot would be increased proportionally to the increase in bedrooms. Heuton asked where the new parking spaces would be. Knapp responded next to the former garage. Fargen asked if the building would be enlarged. Knapp replied no. Cameron inquired if the two bedrooms were being added to the one bedroom apartment. Knapp answered yes. Heuton noted that a letter, supporting the request, had been submitted by a neighbor. City of Brookings January 10, 2012 73 Second Readings / Public Hearings 12. Public hearing and action on Resolution No. 07-12, a Resolution authorizing the City Manager to enter into an Operating Agreement for an On-Sale Restaurant Liquor License for James K. Gardner, Brookings Steak Company LLC, dba Whiskey Creek Wood Fire Grill, Brookings, South Dakota, Lot 1, Block 1, Wiese Addition, corner of Highway 14 and 32nd Avenue. James K. Gardner has applied for an On-Sale Restaurant Liquor License for Brookings Steak Company LLC, dba Whiskey Creek Wood Fire Grill, Lot 1, Block 1, Wiese Addition (corner of Highway 14 and 32nd Avenue). All required documents and fee have been submitted for this application. A public hearing and action by the local governing body is required to approve all alcohol licenses. The fee for this license is $100,000 as per approved Resolution No. 98-11, a Resolution Establishing the Fee for the Issuance of Full-Service Restaurant On-Sale Licenses in the City of Brookings. Resolution No. 07-12 would allow the City Manager to enter into the first five years of the enclosed 10-year agreement effective through 2017. The license would be effective through December 31, 2012 and subject to annual renewal. If approved, the application would be forwarded to the State Department of Revenue for final action and issuance of the license. The council approved a motion of intent at their 9/13/2011 Council Meeting: “A motion was made by Bezdichek, seconded by Niemeyer, to issue(offer) a Full-Service On-Sale Restaurant License to Brookings Steakhouse LLC, dba Whiskey Creek Steakhouse, SE corner of Block One (1), Wiese Addition (corner of Highway 14 and 32nd Avenue), James Gardner, owner. Public Comment: It was clarified Whiskey Creek had not formally applied for a restaurant license. Bezdichek inquired if the fee could be paid incrementally. All present voted yes; motion carried.” A Restaurant Operating Agreement does not include certain provisions, which pertain only to on-sale establishments, such as the limited duration of a typical Operating Agreement, which does not apply to Restaurant Licenses. Also, the Restaurant Licensees are subject, of course, to Annual Reporting. A 2009 legislative amendment does link the Operating Agreement procedure to restaurant license procedure, but the restaurant licenses are not exactly operating as an extension of the City’s on-sale license - the restaurant licensee is operating pursuant to its own statutory procedure found in SDCL 35-4-110 through 35-4-120. Accordingly, a more limited Operating Agreement is appropriate for the restaurant licensee which reflects the differences. Staff recommends approval. City Manager Introduction Action: Open and Close Public Hearing, Motion to Approve, Roll Call City of Brookings January 10, 2012 74 LIQUOR OPERATING AGREEMENT – FULL SERVICE RESTAURANT LICENSE BROOKINGS STEAK COMPANY, LLC (dba Whiskey Creek Wood Fire Grill) THIS AGREEMENT is made and entered into by and between the CITY OF BROOKINGS, a municipal corporation of the State of South Dakota, hereinafter referred to as the “City” and Brookings Steak Company, LLC (owner), doing business as Whiskey Creek Wood Fire Grill, hereinafter referred to as “Licensee.” WITNESSETH; WHEREAS, the City is authorized by State law to issue Full-Service On-Sale Restaurant Licenses, and WHEREAS, the City desires to enter into an Operating Agreement with the Licensee for the purpose of setting forth the requirements and agreements between the City and the Licensee. NOW, THEREFORE IT IS MUTUALLY AGREED AS FOLLOWS: 1. This Agreement is made and entered into between the parties hereto to allow the Licensee to operate as a Full-Service Retail On-Sale Restaurant Licensee, pursuant to and in accordance with all of the terms and conditions of this Agreement, in accordance with all State laws, particularly SDCL 35-4-110 to 35-4-120, inclusive, and City Ordinance 30-08. 2. This Full-Service On-Sale Restaurant License is located upon real estate in the City of Brookings, South Dakota, described as: Lot One (1), Block One (1), Wiese Addition, City of Brookings, Brookings County, South Dakota 3. The Licensee will dispense only alcoholic beverages supplied by the Municipal off-sale establishment. 4. This Agreement will be in full force and effect for a period of five (5) years, with the Licensee having the option and privilege of a five (5) year extension, subject to the approval of the governing body of the City of Brookings. 5. This Agreement will continue in full force and effect unless the Licensee ceases business, or does not comply with the requirements for Annual Renewal of its License, which requires that at least 60% of gross revenue from the preceding 12 months operation of the restaurant was derived from the sale of food and nonalcoholic beverages. City of Brookings January 10, 2012 75 6. The City reserves the right to request that the Department of Revenue suspend or revoke the Licensee’s Licenses for alcohol-related violations in accordance with the provisions of Resolution No. 25-88 or any amendments thereto. 7. The Licensee will pay to the City for all alcoholic beverages sold by the City to the Licensee for resale on the above-described premises, the actual cost of distilled spirits and wine supplied by the City, plus eleven percent (11%) in excess of such cost; the Licensee will also pay to the City for all malt beverages sold by the City to the Licensee for resale on the above-described premises, the actual cost of malt beverages, plus ten percent (10%) in excess of such cost. The actual cost will include cost price and transportation charges. The markup percentages provided in this Agreement are subject to change by the City of Brookings. In the event markup percentages are changed by Ordinance, then the markup percentages provided by City Ordinance shall supercede the markup percentages provided herein. The Licensee further agrees that if either of the markup percentages are increased at any time by the City, the Licensee will pay the markup as so increased. 8. A complete and detailed record will be maintained by the City of all alcoholic beverages supplied to the on-sale Licensee, and such alcoholic beverages so supplied will be evidenced by pre-numbered invoices prepared in triplicate showing the date, quality, brand, size, and actual cost of such item, and such invoice will bear the signature of the authorized representative of the on-sale restaurant Licensee or its authorized representative. One copy thereof will be retained by the Municipal off-sale establishment, one copy will be retained by the on-sale establishment, and one copy will be filed with the City Clerk. All copies will be kept as permanent records and made available for reference and audit purposes. The Licensee also agrees to maintain a complete record of all alcoholic beverages received from the City. 9. The Licensee agrees to pay the CITY OF BROOKINGS a one-time Fee of One Hundred Thousand and no/100 Dollars ($100,000) at time of application, prior to the execution of this Agreement. The Licensee also agrees to pay the CITY OF BROOKINGS, an Annual Renewal License Fee of One Thousand Five Hundred and no/100 Dollars ($1,500.00) on or by November 1st of each year of this Agreement, so the application can be timely processed by the Department of Revenue. 10. In accordance with State law, a restaurant that has a Full-Service On-Sale Restaurant License may only be advertised or held out to the public as primarily a food eating establishment. No Licensee that has a Restaurant On-Sale License may allow smoking on the licensed premises. City of Brookings January 10, 2012 76 11. The Licensee further agrees to operate the on-sale restaurant establishment only on such days and at such hours as permitted by State law and City Ordinances. 12. The Licensee agrees to abide by the credit policies of the City and acknowledges, by execution of this Agreement, receipt of a copy of the credit policies of the City. The City reserves the right to change or terminate its credit policies at any time, but shall be required to provide written notice to Licensee prior to the effective date of the change or termination date of the credit policies. This Operating Agreement will also be subject to suspension or termination if payments for alcoholic beverages supplied by the Municipal off-sale establishment to be sold on the premises of Licensee are late or not fully paid. 13. The Licensee agrees to observe all Federal and State laws and Ordinances of the City of Brookings, and to file its Annual Report pursuant to SDCL 35-4-113. 14. The City will have the right to audit the records of the Licensee relating to the On-Sale Restaurant License in order to verify the Licensee’s compliance with SDCL 35-4-113 (which sets forth the renewal requirements based upon 60% food and nonalcoholic beverage sales). 15. It is further specifically understood and agreed that the waiver of the rights of the City under this Agreement will not constitute a continuous waiver, and any violation or breach of the terms of this Agreement by the Licensee will constitute a separate and distinct offense and grounds for immediate action to terminate or revoke this Agreement. 16. This Agreement is not assignable to another person or location without the written consent of the City. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this 10th day of January, 2012. CITY OF BROOKINGS, South Dakota A Municipal Corporation By: Jeffrey W. Weldon, City Manager ATTEST: Shari Thornes, City Clerk BROOKINGS STEAK COMPANY, LLC, LICENSEE By: James K. Gardner Operating Agreement/Business Owner Representative City of Brookings January 10, 2012 77 Second Readings / Public Hearings 13. Public Hearing and Action on Resolution No. 08-12, a Resolution approving an application for Financial Assistance, authorizing the execution and submittal of the Application and designating an authorized representative to certify and sign payment requests for Nelson 5th Addition Detention Pond Project. The City of Brookings is seeking funding through the State Revolving Fund with the South Dakota Department of Natural Resources (SDDENR) for the Nelson 5th Addition Detention Pond Project. The Brookings City Council approved Resolution No. 119-11, requesting the Nelson 5th Addition Detention Pond Project to be placed on the State Water Plan, which is the first step in the funding process. This resolution will authorize the City to submit the application for funding through the SDDENR for this project, which is identified as Phase I of Project No. 5 in the City’s prioritized list of projects. Pursuant to the adoption of the Storm Drainage Master Plan, the City Council approved a financing plan which included, in part, loans from the State Department of Environment and Natural Resources (DENR) through their Revolving Loan Program (RLF) to fund drainage improvement projects. This is the same program whereby a loan was secured for some of the utility work at the Innovation Campus and for the Southland Lane Detention Pond Project. As part of the application, the City is required to hold a public hearing on the loan application and to review the information in the attached resolution. The notice of the public hearing was published in the local newspaper as required by the SD DENR. The following items will be discussed during the public hearing: The need for the project: Storm Water Project Phase I of Project No. 5, Nelson 5th Addition Detention Pond Project was identified in the Storm Water Master Plan to regulate peak storm water flow rates and reduce sediment loads entering the downstream waterways in the City of Brookings. Currently, the City of Brookings requires all MS4 storm water conveyance systems to carry the 5-year and 100-year storm flows without inundating private property. The existing earthen drainage channel size, both through the project area and downstream of the project area, does not meet current storm water flow capacity requirements. In most areas, the storm drainage channel capacity is significantly less than the 100-year peak flow; and in many areas, the channel capacity is less than the 5- year flow. In addition, the intersection of 20th Street South and Medary Avenue, both of which are arterial roads, is frequently submerged during relatively minor storm events due to flows in the channel. This has caused logistical problems with traffic and has demonstrated the potential to hamper the ability of emergency response vehicles and personnel to respond in a timely and efficient manner. The project will include a detention pond constructed in-line with the existing storm drainage channel. The pond would have an outlet structure which would regulate the peak flow of storm water City of Brookings January 10, 2012 78 released back into the existing storm drainage channel to the south. The solution also includes improvements in the grading and cross-sectional capacity of the existing drainage channel through the project area. The following alternatives were evaluated: 1. Keep the existing downstream storm drainage channels intact and construct a 45 acre-ft detention pond on the northeast corner of 20th Street South and Medary Avenue and upsize the culverts under 20th Street South. 2. Keep the existing downstream storm drainage channels intact and construct a 23 acre-ft detention pond on the northwest corner of 20th Street South and Medary Avenue and upsize the culverts under 20th Street South. 3. Improve the downstream drainage capacities by excavating the channels and adding a concrete valley gutter, construct a 45 acre-ft detention pond on the northeast corner of 20th Street South and Medary Avenue and upsize the culverts under 20th Street South. 4. Keep the existing downstream storm drainage channels and existing pond intact and construct a 15 acre-ft detention pond north of the existing pond that would store and regulate storm flow into the existing pond and downstream channel on the east side of Medary Avenue. The cost of these alternatives was estimated to be: OPTION 1 OPTION 2 OPTION 3 OPTION 4 Engineering, Testing, and Project Management $100,252 $110,083 $133,784 $29,403 Construction (see Appendix E) $1,086,448 $796,483 $2,641,982 $427,144 Contingency (see note 1) $217,290 $159,297 $528,396 $85,429 Total $1,403,990 $1,065,863 $3,304,162 $541,976 After an analysis of the first three options, it was determined the most appropriate and cost-effective solution to reduce downstream flooding at this time was to construct a detention/sedimentation pond on the Project site upstream of the existing pond and use the existing MS4 drainage infrastructure downstream (Option 4). Several factors affected this decision and eliminated Options 1 through 3…  Cost: the City of Brookings does not currently have the financial resources to fund a multimillion dollar project to replace the entire downstream channel or construct a 45 acre-ft detention pond.  Upgradeability: Options 1 through 3 are not easily upgradeable since they already utilize the available properties.  Non-invasive: Option 4 is the only option which does not require the demolition of existing street pavement. It also disturbs the least amount of existing wetland.  Clean: Option 4 offers the least potential for downstream storm water pollution during and after construction because the existing man-made pond will remain City of Brookings January 10, 2012 79 intact and intercept a majority of sediment generated during construction of the proposed project. The proposed financing for the project and amount of SRF loan expected to be borrowed: This project will involve borrowing approximately $549,476 from the Clean Water State Revolving Fund Program for the design and construction of the project. The interest rate and term of the loan: The loan will be at an interest rate of 3.0% for a term of 20 years. The loan payment will be made with the payments from the drainage fees. The affect of the proposed financing on user rates: The proposal is not anticipated to require drainage fee rates to be increased and there was no increase budgeted for 2012. After public comment, the approval of this resolution will authorize the City Manager to submit the application for SRF loan funding. City Manager Introduction Action: Open and Close Public Hearing, Motion to Approve, Roll Call City of Brookings January 10, 2012 80 Resolution No. 08-12 Storm Water Funding Application (Resolution approving an application for financial assistance, authorizing the execution and submittal of the application and designating an authorized representative to certify and sign payment requests for Nelson 5th Addition Detention Pond Project.) Whereas, the City of Brookings (the “City”) has determined it is necessary to proceed with improvements to its Storm Sewer System, including but not limited to the Nelson 5th Addition Detention Pond Project (the “Project”); and Whereas, the City has determined that financial assistance will be necessary to undertake the Project and an application for financial assistance to the South Dakota Board of Water and Natural Resources (the “Board”) has been prepared; and Whereas, the City has reviewed the Application to be submitted to the Board, true copies of which are attached hereto, and finds it proper in all respects; and Whereas, it is necessary to designate an authorized representative to execute and submit the Application on behalf of the City and to certify and sign payment requests in the event financial assistance is awarded for the Project, Now, Therefore, Be It Resolved by the City as follows: 1. The City hereby approves an Application for financial assistance to the South Dakota Board of Water and Natural Resources for the Project as set forth with particularity in the Application attached hereto, which Application is hereby approved. 2. The City Manager is hereby authorized to execute the Application and submit it to the South Dakota Board of Water and Natural Resources, and to execute and deliver such other documents and perform all acts necessary to effectuate the Application for financial assistance submitted to the Board in accordance with all terms herein set forth. 3. The City Manager is hereby designated as the authorized representative of the City to do all things on its behalf to certify and sign payment requests in the event financial assistance is awarded for the Project. Adopted at Brookings, South Dakota, this 10th day of January 2012. APPROVED: ___________________________ Tim Reed, Mayor (Seal) City of Brookings Attest: ______________________________ Shari Thornes, City Clerk City of Brookings January 10, 2012 81 Second Readings / Public Hearings 14. Public Hearing and Action on Resolution No. 09-12, a Resolution approving an application for Financial Assistance, authorizing the execution and submittal of the application and designating an authorized representative to certify and sign payment requests for Camelot Square Drainage Improvement Project. The City of Brookings is seeking funding through the State Revolving Fund with the South Dakota Department of Natural Resources (SDDENR) for the Camelot Square Drainage Improvement Project (aka Hammond Avenue & Horner Avenue Project). The Brookings City Council approved Resolution No. 120-11, requesting the Camelot Square Drainage Improvement Project to be placed on the State Water Plan, which is the first step in the funding process. This resolution will authorize the City to submit the application for funding through the SDDENR for this project, which is identified as Project No. 4 in the City’s prioritized list of projects. Pursuant to the adoption of the Storm Drainage Master Plan, the City Council approved a financing plan which included, in part, loans from the State Department of Environment and Natural Resources (DENR) through their Revolving Loan Program (RLF) to fund drainage improvement projects. This is the same program whereby a loan was secured for some of the utility work at the Innovation Campus and for the Southland Lane Detention Pond Project. As part of the application, the City is required to hold a public hearing on the loan application and to review the information in the attached resolution. The notice of the public hearing was published in the local newspaper as required by the SDDENR. The following items will be discussed during the public hearing: The need for the project: Storm Water Project No. 4, Camelot Square Drainage Improvement Project was identified in the Storm Water Master Plan to meet current storm flow standards and to minimize flooding in residential neighborhoods. Currently, the City of Brookings requires all MS4 storm water conveyance systems to carry the 5-year and 100-year storm flows without inundating private property. Specifically, all storm sewer piping must be designed to carry at least the 5-year storm peak flow event and should have a sufficient number and size of inlets to prevent water from overtopping the street curb. Open drainage channels must be able to convey the 100-year peak runoff event. The existing storm sewer piping is undersized to handle the 5-year storm flow. In fact, there are currently areas where larger capacity pipes discharge into lower capacity pipes; causing many inlets to backflow. In addition, some of the older streets in the project area are lacking inlets; thereby forcing too much water to flow over the surface of the street and overtopping the curb; even during very minor storm events. Some residents within the project area have stated the head pressure causes water to come out of inlets. The street flooding during storm events has been known to restrict access to City of Brookings January 10, 2012 82 these areas by emergency vehicles on 12th Street South, a main collector in the area. Other streets frequently inundated are Squire Court, Parkway Boulevard, and Yosemite Lane. Of the projects identified in the Master Drainage Plan, the Brookings City Council voted the project area as priority number four (4) because of the high frequency of flood damage claims and the risk of impeding emergency services. The following alternatives were evaluated: 1. Increase the size of the storm sewer pipe from the junction south of Hammond Avenue and 11th Street South to the junction at the drainage channel of the central trunk, increase the size of the area inlets upstream and downstream of the junction; allowing most of the 100-year storm event to reach the central trunk within a pipe. Provide at least two overland relief channels between houses along Squire Court; allowing the excess water to safely reach the street. Construct a new storm sewer trunk from the intersection of Parkway Blvd and Yosemite Lane to King Arthur Court, then south down Christine Avenue to bypass the central trunk and rejoin it at the downstream end south of 15th Street South. Eliminate the current connection between the eastern reach and the upstream end of the central trunk; thereby relieving surcharge issues at the junction. The new Christine Avenue trunk will have drop inlets to intercept runoff before it reaches current problem areas. Install storm sewer in 12th Street South, diverting some flows to the central trunk. 2. Purchase at least two properties along the north side of Squire Court; just south of the Hammond Avenue junction. Remove the houses and construct a storm water detention pond on the land to collect water entering from the western reach of the watershed and also serve as back water storage for the junction at the upstream end of the central trunk. The outlet of the pond would discharge back into the central trunk with a peak flow low enough to fit within the capacity of the drainage channel. The eastern reach would require an additional storm water detention pond somewhere upstream of Parkway Boulevard in order to reduce flows in the existing infrastructure. The plan would be to purchase property in an open lot north of 8th Street South, in line with the eastern reach of the watershed. The pond would be capable of reducing peak flows such that the existing downstream infrastructure could handle the 5-year storm event. Flows in excess of that rate would still need to pass overland; however some channeling could be achieved between houses to minimize damage from larger rain events. The culverts under 12th Street South and Yorktown Drive would be upsized to handle the 100-year flow in the central channel without flooding the street. The cost of these alternatives was estimated to be: OPTION 1 OPTION 2 Engineering, Testing, and Project Management $192,399 $233,500 Construction (see Appendix E) $2,483,267 $1,215,345 Contingency (see note 1) $496,653 $243,069 Land Purchase - $853,000 Total $3,222,319 $2,544,914 City of Brookings January 10, 2012 83 Other Alternatives Considered ‘No Action’ Alternative: The current flooding experienced by residents in the project area and the high frequency of these events was found to have a high risk of damage and claims due to flooding. Additionally, the ability for emergency services to operate in the area during storm events was greatly diminished. Therefore, the ‘no action’ alternative was not an option. Remove or Move Affected Structures Alternative: This alternative would move or remove any structures affected by flooding in the project area and properties downstream. This could also include elevating existing structures within their current footprint. The high number of structures affected by frequent flooding made this alternative unfeasible. Early in design discussions, Option 2 was the preferred option. However after some preliminary discussions with the affected landowners, it was determined some of the landowners would be unwilling to sell their land for this project. Since this option was totally dependent on utilizing storm water detention ponds to regulate the peak flow through the existing infrastructure, Option 2 was ruled out. It was determined the most appropriate, cost-effective, and least controversial option was to focus on bypassing the most critical flooding areas with a separate storm sewer running down Christine Avenue and select Option 1. This option will route the storm water where it can be managed in the Nelson 5th Addition Detention Pond located on City property. The proposed financing for the project and amount of SRF loan expected to be borrowed: This project will involve borrowing approximately $3,222,319 from the Clean Water State Revolving Fund Program for the design and construction of the project. The interest rate and term of the loan: The loan will be at an interest rate of 3.0% for a term of 20 years. The loan payment will be made with the payments from the drainage fees. The affect of the proposed financing on user rates: The proposal is not anticipated to require drainage fee rates to be increased and there was no increase budgeted for 2012. After public comment, the approval of this resolution will authorize the City Manager to submit the application for SRF loan funding. City Manager Introduction Action: Open and Close Public Hearing, Motion to Approve, Roll Call City of Brookings January 10, 2012 84 Resolution No. 09-12 Storm Water Funding Application (Resolution approving an application for financial assistance, authorizing the execution and submittal of the application and designating an authorized representative to certify and sign payment requests for Camelot Square Drainage Improvement Project.) Whereas, the City of Brookings (the “City”) has determined it is necessary to proceed with improvements to its Storm Sewer System, including but not limited to the Camelot Square Drainage Improvement Project (the “Project”); and Whereas, the City has determined that financial assistance will be necessary to undertake the Project and an application for financial assistance to the South Dakota Board of Water and Natural Resources (the “Board”) has been prepared; and Whereas, the City has reviewed the Application to be submitted to the Board, true copies of which are attached hereto, and finds it proper in all respects; and Whereas, it is necessary to designate an authorized representative to execute and submit the Application on behalf of the City and to certify and sign payment requests in the event financial assistance is awarded for the Project, Now, Therefore, Be It Resolved by the City as follows: 1. The City hereby approves an Application for financial assistance to the South Dakota Board of Water and Natural Resources for the Project as set forth with particularity in the Application attached hereto, which Application is hereby approved. 2. The City Manager is hereby authorized to execute the Application and submit it to the South Dakota Board of Water and Natural Resources, and to execute and deliver such other documents and perform all acts necessary to effectuate the Application for financial assistance submitted to the Board in accordance with all terms herein set forth. 3. The City Manager is hereby designated as the authorized representative of the City to do all things on its behalf to certify and sign payment requests in the event financial assistance is awarded for the Project. Adopted at Brookings, South Dakota, this 10th day of January 2012. APPROVED: ___________________________ Tim Reed, Mayor (Seal) City of Brookings Attest: ______________________________ Shari Thornes, City Clerk City of Brookings January 10, 2012 85 Other Business 15. Action on Resolution No. 10-12, a Resolution declaring the following real property as surplus: Lot 15, Block 12, East Acres Second Addition (368 22nd Avenue) and Lot 1 and East 10’ of Lot 2, Block 13, East Acres Second Addition (2150 Derdall Drive). To: Mayor and City Council Members Jeff Weldon, City Manager From: Mike Struck, Community Development Director Re: Residential Surplus Property The City of Brookings purchased two residential properties along 22nd Avenue near the railroad in 2008 in anticipation of land banking for future construction of a railroad overpass. Preliminary estimates of a grade separated crossing at 22nd Avenue is approximately $14 million for construction only and does not include the costs of additional property acquisition. In addition, Canadian Pacific has made track improvements and the City has a plan for installation of crossing arm gates as a safety enhancement at the railroad crossings. These safety enhancements coupled with the financial burden of constructing a grade separated crossing deem the project not feasible and thus, these two residential properties are no longer needed. The legal description of the properties to be declared surplus are as follows: - Lot 15, Block 12, East Acres Second Addition (368 22nd Avenue) - Lot 1 and East 10’ of Lot 2, Block 13, East Acres Second Addition (2150 Derdall Drive) During the 2012 Budget discussions, it was proposed to sell these two residential properties as a means to balance the 2012 Budget. The adoption of the 2012 Budget does identify selling these two residential properties. The resolution formalizes the discussion and provides clear documentation for City records. Reference to SDCL 6- 13-1 is provided below for guidance on declaring surplus property. 6-13-1. Determination of surplus property. The governing board of a political subdivision may sell, trade, destroy, or otherwise dispose of any land, structures, equipment, or other property which the governing board has, by appropriate motion, determined is no longer necessary, useful, or suitable for the purpose for which it was acquired. No motion is required to sell, trade, destroy, or otherwise dispose of consumable supplies, printed text, or subscriptions. Source: SL 1988, ch 64, § 1; SL 1998, ch 38, § 1; SL 2005, ch 41, § 1. City Manager Introduction Action: Motion to Approve, Request Public Comment, Roll Call City of Brookings January 10, 2012 86 Resolution No. 10-12 Declaring Surplus Property Whereas, the City of Brookings is the owner of the following described real property located in the City of Brookings: - Lot 15, Block 12, East Acres Second Addition (368 22nd Avenue) - Lot 1 and East 10’ of Lot 2, Block 13, East Acres Second Addition (2150 Derdall Drive) Whereas in the best financial interest, it is the desire of the City of Brookings to sell said surplus property; and Whereas, the City Manager is hereby authorized to appoint a qualified appraiser to appraise the value of the property; and Whereas, the City Manager is hereby authorized to sell said surplus property. Now, Therefore, Be It Resolved by the governing body of the City of Brookings, South Dakota, that this property be declared surplus property according to SDCL Chapter 6-13. Passed and approved this 10th day of January, 2012. CITY OF BROOKINGS Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk City of Brookings January 10, 2012 87 Other Business 16. Discussion and action on an Amendment to a Liquor Operating Agreement for the Brownstone Restaurant and Bar, Brennan and Lori Sullivan, owners, located at Lot 7, Block 3, Original Plat Addition, City of Brookings, also known as 313 Main Avenue. The City Council issued the Brownstone Restaurant and Lounge one of the three newly-available On-Sale Liquor Operating Agreements for $25,000 on a one-year “trial” basis. The owners, Brennan and Lori Sullivan, are asking for clarification as to the status of this Operating Agreement at the end of this trial basis time period. Staff recommended an amendment to the operating agreement to provide clarification. The City Council approved the following motion on 12/13/2011: “A motion was made by Kubal, seconded by Bezdichek, to schedule the proposed amendment to the Brownstone Operating Agreement as an action item on the next city council meeting on December 20th. A friendly amendment was made to change the date to January 10th. All present voted yes; motion carried.” City Manager Introduction Action: Motion to Approve, Request Public Comment, Roll Call City of Brookings January 10, 2012 88 December 13, 2011 TO: Mayor and City Council Members FROM: City Manager Jeff Weldon RE: Brownstone Operating Agreement Attached in the packet is a letter from legal counsel on behalf of the proprietors of the Brownstone Restaurant and Lounge. As you recall, you issued one of the three newly-available On-Sale Liquor Operating Agreements to the Brownstone for $25,000 on a one-year “trial” basis. The owners of the Brownstone are asking for clarification as to the status of this Operating Agreement at the end of this trial basis time period. The City Council had discussions about this point, and I believe it was the intent of the Council to permanently allow them to keep the Operating Agreement as long as performance was met, but nothing specific as to such eventuality was ever promulgated in the Operating Agreement. What’s more, there was no other written documentation to give the Brownstone proprietors any assurance about what the process would be if the performance is, or is not, satisfactory to the City Council as a consideration for them retaining the operating agreement after the one year. In my opinion, such concern is justified and I would suggest an amendment to the Operating Agreement which conveys this intent. City Attorney Steve Britzman has prepared the attached amendment for this purpose. Staff recommends approval of the attached amendment. City of Brookings January 10, 2012 89 AMENDMENT TO LIQUOR OPERATING AGREEMENT _____________________ THIS AMENDMENT TO LIQUOR OPERATING AGREEMENT is made and entered into by and between the City of Brookings, hereinafter referred to as “City”, a Municipal Corporation, of Brookings, South Dakota and Brennan Sullivan and Lorraine Sullivan, doing business as “The Brownstone”, hereinafter referred to as the “Manager”, of Brookings, South Dakota, WITNESSETH: WHEREAS, the parties previously entered into a Liquor Operating Agreement which was approved on July 26, 2011; and WHEREAS, the parties now desire to modify the Liquor Operating Agreement approved on July 26, 2011, by including several amendments as hereinafter set forth, now therefore, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: Section 5. of the Liquor Operating Agreement is hereby amended to include the following additional paragraph: 5. However, if, in the sole determination of the City Council, the Council finds on or about the anniversary date of this Agreement that the performance of the Manager of the Brownstone to be in accordance with the representations made at the time of initial application at the Council meetings and in the application and all materials pertaining thereto, this Operating Agreement will be extended and in full force and effect for an additional period of four (4) years, with the Manager having the option and privilege of a five (5) year extension, subject to the approval of the governing body of the City of Brookings. Section 10. of the Liquor Operating Agreement is hereby amended to include the following additional paragraph: 10. If this Operating Agreement is extended on or about the anniversary date of the initial one (1) year term for an additional period of four (4) years, the Manager will not be required to pay a further Operating Agreement Fee other than Annual Renewal Fees since the Manager paid the full amount of the Operating Agreement Fee at the time this Operating Agreement was initially approved. Accordingly, no further Operating Agreement Issuance Fee will be charged for the duration of the extended term or the five year renewal term. The parties hereby ratify and confirm all other provisions of the original Liquor Operating Agreement approved on July 26, 2011, which are not modified by this Amendment. IN WITNESS WHEREOF, the parties have executed this Agreement the dates set forth below. City of Brookings January 10, 2012 90 Dated this 10th day of January, 2012. CITY OF BROOKINGS, SOUTH DAKOTA, A Municipal Corporation (SEAL) By: Jeffrey W. Weldon, City Manager ATTEST: Shari Thornes, City Clerk Dated this ____ day of January, 2012. BRENNAN SULLIVAN and LORRAINE SULLIVAN, dba THE BROWNSTONE, Manager By: ______________________________ Brennan Sullivan By: ______________________________ Lorraine Sullivan City of Brookings January 10, 2012 99 Other Business 17. Action on Resolution No. 11-12, a Resolution disbanding the Brookings Transportation Board. Resolution No. 90-07, as amended, created the Brookings Transportation Board. The purpose of the Brookings Transportation Board was to identify opportunities for improved efficiency as measured by increased levels of service or decreased cost, especially through coordination among transportation providers in Brookings. The Brookings Transportation Board shall provide oversight and evaluation of the success of coordinated transportation efforts as well as provide advice and information to other organizations on a regular or as needed-basis. While the Transportation Board provided a valuable service at the time, the Board has run out of reasons to meet. Staffing changes have provided other avenues for transportation providers to discuss issues and concerns and staff maintains an open-door policy in regards to these providers. Mayor Reed met with the Brookings Transportation Board on December 20, 2011 to discuss the future of the Brookings Transportation Board. The consensus of the Transportation Board was to dissolve and allow transportation providers to work with staff to address needs and concerns. If issues arise that require additional support or input, an ad hoc committee could be formed to address those specific items. The unofficial minutes of the December 20th Transportation Board meeting are enclosed for reference. Staff recommends approval of the resolution dissolving the Brookings Transportation Board. City Manager Introduction Action: Motion to Approve, Request Public Comment, Roll Call City of Brookings January 10, 2012 100 Resolution No. 11-12 Dissolving Resolution No. 90-07, as amended, which created the Brookings Transportation Board Whereas, Resolution No. 90-07, as amended, created the Brookings Transportation Board; and Whereas, it is in the best interests of the City of Brookings to utilize volunteer boards efficiently, Now, Therefore, Be It Resolved by the City Council of the City of Brookings, South Dakota that Resolution No. 90-07, as amended, creating the Brookings Transportation Board be dissolved. Passed and approved on the 10th day of January, 2012. CITY OF BROOKINGS ATTEST: Tim Reed, Mayor Shari Thornes, City Clerk City of Brookings January 10, 2012 101 Transportation Board Brookings, South Dakota December 20, 2011 UNAPPROVED MINUTES The Brookings Transportation Board was called to order by Chairperson Michael Forgy on Tuesday, December 20, 2011, at 2:00 PM in the City Hall Meeting Room. Members present were Robb Rasmussen, Nancy Hartenhoff-Crooks, Rob Jones, Dean Kattelmann, Deanna Santema, Terrell Spence, Jeff Weldon, and Forgy. Art Conners, Roger DeGroot and Jerry Raabe were absent. Also present were Mike Mulaney and Brenda Schweitzer from BATA. Item #2 – (Hartenhoff-Crooks/Santema) Motion to approve the minutes from the October 18, 2011, meeting. All present voted aye. MOTION CARRIED. Item #3 – (Jones/Spence) Motion to approve the agenda. All present voted aye. MOTION CARRIED. Item #4 – Discussion on the future of the Transportation Board Mayor Reed took the floor to discuss dissolving the Transportation Board. The Transportation Board started meeting approximately four years ago to look at transportation needs. The Transportation Board has accomplished much in these four years. But the Board has run out of reasons to continue. Reed explained that he would like to see the Council approve to dissolve this Board. An Adhoc committee under the direction of Mike Struck can be assembled at anytime to discuss needs in the future. Santema agreed that dissolving this board would be the best. She felt that as long as there was an option available thru the City Manager or Community Development Department for communication on the transportation needs, this Board wouldn’t be needed. She also stated that she felt people need to start using BATA and that BATA needed to become more publically known. Schweitzer has appreciated what the board has done for BATA in the past. And felt that due to the open door policy with Jeff Weldon or Mike Struck, concerns and needs will still be heard. Robb Rasmussen inquired on how the two cab services in town were meeting the transportation needs. Schweitzer explained that during the BATA downtimes, she felt the taxicabs were providing adequate service. Rasmussen stated, based on what he had seen in town, the cab businesses are working well. He said he had noticed them around town a lot. He still felt that BATA wasn’t being heard about enough. He would like BATA’s services to be more public and utilized by more people. Maybe this could be done through literature and additional signage. Rob Jones just wanted to be sure that Schweitzer/BATA had an opportunity to voice their concerns and needs. Weldon explained that he and Schweitzer already have frequent communications, and Schweitzer is always welcome to call on Weldon with any transportation City of Brookings January 10, 2012 102 concerns. Those concerns will ultimately be brought through Mike Struck and the Community Development Department. Santema stated that since their committee could be brought back together again, if necessary, they should agree to dissolve. There was no further discussion. The meeting was adjourned. ____________________________ _______________________ Lana Schwartz, Secretary Mike Forgy, Chairperson City of Brookings January 10, 2012 103 Other Business 18. Discussion and action on an 11th Street Public Improvement Project; fiscal agent for Growth Partnership. TO: Mayor and City Council Members FROM: City Manager Jeffrey Weldon RE: 11th Street public improvement project; fiscal agent for Growth Partnership The City previously gave permission to SDSU to make streetscape improvements to 11th Street between 22nd Avenue and 16th Avenue in order to improve the appearance as an east entry to campus. The scope of the improvements involves replacement of streetlights, some sidewalks, a center median island near the 22nd Avenue intersection, monumental signage at the 22nd Avenue intersection, and associated street and curb and gutter improvements. SDSU is making these improvements at their own expense. While they have primarily completed the streetlight replacement program, the rest of the work was slated for 2012. They have hired Stockwell Engineers of Sioux Falls for this project. During the course of this discussion, the Growth Partnership, as the governing board of the SDSU Innovation Campus, determined sanitary improvements in 22nd Avenue and 11th Street were needed to improve service to the Innovation Campus once the research park expands beyond five or six buildings depending upon their size. Such improvements would eliminate an existing lift station and install new sewer lines in the two streets. The proposed new sewer in 11th Street is in the same area SDSU is planning the street surface improvements described in the previous paragraph. The Growth Partnership has engaged Banner and Associates for the sanitary sewer project and they are in the process of completing preliminary design. These sewer improvements are to the exclusive benefit of the research park and would be considered a private cost, but the infrastructure would be dedicated to BMU. The cost of the sanitary sewer improvements are estimated by Banner at $444,000. The Growth Partnership has requested the City’s assistance with an application for a state legislative appropriation for a grant to be considered by the 2012 Legislature. I have submitted the grant application so the project is in the legislative hopper when the session begins. If that grant is approved, I will come to the City and, in the eyes of the State, the City would be responsible for the local match. We do not yet know the amount of the local match but there will certainly be something. It all depends on how many projects the State decides to fund and the respective amounts. We have received assurance from the Growth Partnership they will be financially responsible for the local match, but the City may need to provide a cash flow loan to assist the Growth Partnership in this regard. If approved, we have three years to complete the work. SDSU has agreed to delay this project one year, so we would undertake it in 2013 instead of 2012. City of Brookings January 10, 2012 104 We are already incurring some engineering bills from Banner on behalf of the Growth Partnership for which we will be reimbursed from either the grant or the Growth Partnership. We need to pay those bills and account them as a reimbursable from the Growth Partnership. Since this is a sanitary sewer project, BMU will provide design review, inspections, assistance with bidding, and general contract administration for the project. I have been in contact with both engineering firms, Stockwell and Banner, and the project will need to be carefully coordinated as Stockwell will design the street surface and Banner will design the sanitary sewer components of the project. As such, I would request a motion for the following: “Motion by _____, seconded by ______, directing the City Manager to apply to the Governor’s 2012 Omnibus Water Funding Bill for sanitary sewer and associated infrastructure improvements on behalf of the Growth Partnership; that the City Manager further work with SDSU, BMU, and contractual engineering firms for the project; that the City of Brookings serve as the fiscal agent for the Growth Partnership; that the City Manager effectuate the necessary budget amendments for the City Council to provide for this unbudgeted project; and that the City Manager develop for the City Council’s future consideration a repayment plan from the Growth Partnership for payment of the local share of project costs.” City Manager Introduction Action: Motion to Approve, Request Public Comment, Roll Call City of Brookings January 10, 2012 107 Other Business 19. Discussion regarding “Buy Local” proposal from the Chamber of Commerce. TO: City Council Members FROM: Tim Reed, Mayor RE: Buy Local The Brookings Chamber of Commerce asked if I would add the attached resolution to an agenda. I believe that the Council should give the City Manager more direction regarding giving preference to local service providers but we must allow them to make good purchasing decisions. I would offer the following changes to sections A and B: A. REPLACE WITH: All procurement of professional services will be done by a competitive solicitation. All providers within Brookings County that can perform the service will be solicited to submit a proposal. Providers outside of Brookings County will be solicited for proposals at the discretion of City Staff. City Staff will design point based criteria system to select the provider that takes into account qualifications required to perform the work. The system shall give preference to a proposal from a business located with the Brookings County through the point based criteria system. More local preference points will be assigned to a. Firms located in City of Brookings b. Firms that have more than 50% of its employees located within the City c. Firms with high percentage of ownership vested in residents within the City B. Add Construction Management, Project Management, and Financial Services to the list. My goals with these changes are to have city staff set up a criteria system for the selection of firms who provide services to the city. This system will give preference to local firms that have the qualifications necessary to perform the work. All local firms will be given the chance to propose their services when new work is solicited. How the firms were rated will be filed so the Council can review as needed why a particular firm was selected. A local firm may not be chosen in this system if other criteria outweigh the points gained because they are local. The amount of points given for local preference will be higher for firms will more presence in the area and if in the city of Brookings. Action: Informational City of Brookings January 10, 2012 109 Proposed Resolution No. A Resolution Authorizing a Local Professional Services Preference in Purchasing Policy Be It Resolved by the City Council of the City of Brookings, South Dakota as follows: Whereas, the city of Brookings understands the value of Brookings County, South Dakota businesses to our economy, and Whereas, policies to encourage businesses to locate within the county of Brookings, South Dakota helps strengthen the local economy, and Whereas, dollars expended on local vendors and employees leads to return on the investment through local vendors and employees spending earned dollars in Brookings County, South Dakota, and Whereas, a commitment to Brookings County, South Dakota businesses will be repaid by businesses' commitment to the general community, and Whereas, the city of Brookings desires to provide economic development benefits to Brookings County, South Dakota businesses through the implementation of a local professional services preference purchasing policy. Now, Therefore, It Is Hereby Resolved by the City Council of the City of Brookings, South Dakota, as follows: A. In conducting the procurement of professional services by competitive solicitation, the City of Brookings shall give preference to a responsive proposal from a business located within the limits of Brookings County, South Dakota over an acceptable proposal submitted by a business located outside of Brookings County when qualifications are accurately met. B. Professional Services are defined as any contract for services provided by individuals or firms for consultants, audits, legal services, ambulance services, architectural services, engineering services, insurance services, real estate services, or auction services. Passed and approved on the _ day of __, 2012. City of Brookings SD Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk City of Brookings January 10, 2012 110 TO: Mayor and City Council Members FROM: City Manager Jeff Weldon RE: Administrative policy pertaining to local purchasing At the February 22, 2011 Council meeting, you discussed the policy of purchasing non-biddable items exclusively from local providers. At that time, I indicated I have in effect an administrative policy but it is not in writing. Following that discussion, you directed me to put the current policy in writing and forward that to you. Following is that policy: POLICY: It shall be an administrative policy of the City of Brookings that all staff persons responsible for the purchase and acquisition of all goods, services, and commodities not subject to applicable competitive bidding procedures pursuant to state law, utilize every reasonable effort to the greatest extent possible to purchase or otherwise acquire such items from local businesses, vendors, or providers. However, the overriding consideration when making such purchases should be purchases that provide the best value overall for the taxpayers. Determining the best value involves weighing considerations such as price, quality, warranty, service, convenience, and ability to perform, to name the most prominent. Such considerations are more important than exclusively the provider's address. AUTHORIZATION: The authorization for the City Manager to develop, promulgate, implement, and enforce administrative policies can be found in your Governance and Ends Policy 2.2{2} [Council- Staff Linkage, delegation to the City Manager] which states: As long as the City Manager uses any reasonable interpretation of the Council's Ends and Executive Limitations policies, the City Manager is authorized to establish all further policies, make all decisions, take all actions, establish all practices, and develop all activities. The administrative authority to manage policy issues within a reasonable scope is also consistent with other provisions of the Governance & Ends Policy, Code of Ordinances, Charter, and even state law for City Manager duties and responsibilities. With specific regard to purchasing decisions, this is consistent with the Manager's obligation for proper financial management in terms of securing the best value. City of Brookings January 10, 2012 111 Other Business 20. Presentation by Business Improvement District #1- Recommendation for Plan of Improvements. The Business Improvement District #1 Board of Directors will present their recommendations for the plan of improvements within the district boundaries. The Business Improvement District #1 is an area consisting of non-contiguous properties within the City of Brookings and comprised of all hotels/motels with 25 or more rooms. The occupational tax is based on rooms rented by a lodging establishment and may not exceed two dollars per occupied room per night. A presentation will be provided during the meeting. The following steps outline the process to be followed in creating a business improvement district. Action: Informational City of Brookings January 10, 2012 112 STEPS FOR CREATING A BUSINESS IMPROVEMENT DISTRICT Date May 10, 2011 City Council adopts resolution designating boundaries of business improvement district. SDCL 9-55-4 &9-55-5. (Resolution Designating Boundaries of District) May 10, 2011 City Council adopts resolution establishing a business improvement district board of directors. SDCL 9-55-5 & 9-55-6. (Resolution Establishing Business Improvement Board) June 28, 2011 Mayor with approval of City Council appoints business improvement district board of directors. SDCL 9-55-5. Board of Directors recommends plan for improvements in the district to City Council. SDCL 9-55-5. City Council adopts resolution of intent to create business improvement district. SDCL 9-55-7. (Resolution of Intent to Establish BID) Notice of Hearing is mailed 30 days prior to the hearing to each owner of taxable property for the proposed district as well as to the occupant of the property along with a copy of the resolution of intent to create the business improvement district. SDCL 9-55-8. Public Hearing and adoption of ordinance establishing the business improvement district. SDCL 9-55-10 – 9-55-12. (Brookings Business Improvement District Ord) Publish Notice of Adoption of Ordinance Effective Date of Ordinance City of Brookings January 10, 2012 113 21. Adjourn