HomeMy WebLinkAbout2012_02_28 CC PKT1
Brookings City Council
Tuesday, February 28, 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. First Planning District Report, Todd Kays, Executive Director.
2. Downtown Core Events Committee Update.
3. Brookings Municipal Utilities Wastewater Plant Renovation Project Presentation.
4. City Council Member Ex-Officio Reports.
5. Joint Powers Board members’ Report.
6. City Council member introduction of topics for future discussion. *
7. Review of Council Agenda, Invites and Obligations.
*Any Council member may request discussion of any issue at a future meeting only. Items cannot be added for action at this meeting. A
motion and second is required stating the issue, requested outcome, and time. A majority vote is required.
6:00 p.m. REGULAR MEETING
1. Call to order.
2. Pledge of Allegiance.
3. Record of Council Attendance.
4. Action to approve the following Consent Agenda Items:*
A. Action to approve the agenda.
B. Action to approve minutes.
C. Action on Resolution No. 42-12, a Resolution appointing election judges for the
April 10, 2012 municipal election.
D. Action on Resolution No. 34-12, a Resolution authorizing the Mayor to sign
documents for Brookings Airport Appraisal Review, Acquisition, and Relocation
Work.
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.
City of Brookings
February 28, 2012
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Open Forum/Presentations/Reports
6. Open Forum.
7. SDSU Student Senate Report.
Contracts and Change Orders
8. Action to approve various City/County Government Center Change Orders.
Action: Motion to Approve, Request Public Comment, Roll Call
9. Action on Resolution No. 35-12, a Resolution Awarding Bids on 2012-06STI, Chip Seal
Project.
Action: Motion to Approve, Request Public Comment, Roll Call
10. Action on Resolution No. 36-12, a Resolution Awarding Bids on 2012-07STI, Freight on
Board Asphalt Concrete.
Action: Motion to Approve, Request Public Comment, Roll Call
First Readings**
11. Ordinance No. 04-12, an Ordinance amending the Zoning Ordinance of the City of
Brookings and pertaining to conditional uses in the Business B-2A District.
Public Hearing: March 27th
12. Ordinance No. 05-12, an Ordinance rezoning Lot 9, Block 2, University First Addition
from a Business B-2 District to a Residence R-3 District.
Public Hearing: March 27th
13. Ordinance No. 06-12, an Ordinance for an application for a Conditional Use Permit to
establish a Major Home Occupation (portrait studio) on Lot 8, Block 8, Morehouse
Addition (819 9th Avenue).
Public Hearing: March 27th
**No vote is taken on the first reading of an Ordinance. The title of the Ordinance is read and the date for the public
hearing is announced.
Second Readings / Public Hearings
14. Public hearing and action on a Temporary Liquor License for the Brookings Volunteer
Firefighter’s Association Annual Fireman’s Dance to be held on July 28, 2012 in the 300
block of Main Avenue.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
15. Public hearing and action on Ordinance No. 02-12, An Ordinance establishing Business
Improvement District Number 1 of the City of Brookings, South Dakota.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
16. Action to approve Ordinance No. 03-12, An Ordinance authorizing a supplemental
appropriation to the 2012 Budget for the purpose of providing for additional funds for
the operation of the City.
Action: Motion to Approve, Request Public Comment, Roll Call
City of Brookings
February 28, 2012
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17. Public hearing and action on Resolution No. 37-12, a Resolution Levying Assessment for
Sidewalk Assessment Project No. 2010-01SWR (2010 Sidewalk Repair Sites).
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
18. Public hearing and action on Resolution No. 38-12, a Resolution Levying Assessment for
Sidewalk Assessment Project No. 2011-01SWR (2011 Sidewalk Repair Sites).
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
19. Public hearing and action on Resolution No. 39-12, a Resolution for Proposed Street
Assessment Project 2012-02STA, 32nd Avenue.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
20. Public hearing and action on Resolution No. 40-12, a Resolution for Proposed Street
Assessment Project 2012-09STA, 25th Avenue and 10th Street.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
21. Public hearing and action on Resolution No. 41-12, a Resolution of Intent to Lease Real
Property (SDSU Airport Hangar).
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
22. Public hearing and action on Resolution No. 43-12, a Resolution Amending the City of
Brookings Vision 2020 Comprehensive Plan.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
23. Public hearing and action on Resolution No. 44-12, a Resolution to annex the R’Surene
Morgan Farm Addition in the NW ¼ of Section 6-T209N-R49W (2019 22nd Avenue
South).
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Other Business
24. Consideration of a proposal from Main Street Pub regarding temporary use of Buffalo
Wild Wings Operating Agreement.
Action: Motion to Approve, Request Public Comment, Roll Call
25. 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
February 28, 2012
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5:00 P.M. WORK SESSION
Work Sessions are open to the public. During the work session the city staff would brief the council on
items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
1. First Planning District overview, Todd Kays, Executive Director.
Todd Kays, Executive Director for First Planning District, will update the
City Council and public on First District’s 2011 activities and plans for
2012.
2011 DISTRICT WIDE ACTIVITIES
Brookings County
Attend Monthly Brookings County Planning Commission Meetings
County Address Range GIS Data Set Maintenance (SD One Call data set)
County Road Centerline GIS Data Set Maintenance (SDDOT data set)
Aurora
Administering Wastewater Lagoon Project – Aurora received $515,000 CDBG
grant, $660,000 SRF Loan ($60,000-principal forgiveness) in 2009
Updated Comprehensive Land Use Plan and Zoning Ordinance and developed Joint
Jurisdictional Zoning Ordinance.
Conducted Voter Ward Redistricting Analysis
Brookings
Assisted in the administration of DENR SRF Loan being utilized to complete Phase II
infrastructure for Innovation Campus Infrastructure Project – Project was awarded
$1,190,000 SRF Loan ($119,000-principal forgiveness) in 2009
Assisted in the administration of DENR SRF Loan being utilized for storm water
drainage projects. Project was awarded $665,000 SRF loan with 10% ($66,500)
principal forgiveness in 2010
Assisted with preparation and submission of DENR SRF application for City of
Brookings Pheasant Nest Storm Water Detention Pond Project. Project was
awarded $483,538 loan in FY 11
Assisted with the preparation and submission of State Water Plan application for
Brookings Camelot Square Drainage project
Assisted with the preparation and submission of State Water Plan application for
Brookings wastewater treatment Plant project
City of Brookings
February 28, 2012
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Bushnell
Administered Energy Efficiency Conservation Block Grant. Bushnell received
$11,690 in 2010
Elkton
Administered DENR SRF Loan being utilized for Wastewater Lagoon Project –
Elkton received $510,000 SRF Loan ($130,000-principal forgiveness) in 2009.
Conducted Voter Ward Redistricting Analysis
Sinai
Administered Energy Efficiency Conservation Block Grant. Sinai received $12,400
in 2010
Volga
Administered Energy Efficiency Conservation Block Grant. Volga received $109,700
in 2010.
Conducted Voter Ward Redistricting Analysis
Prepared and submitted Hazard Mitigation Grant Application – Volga received
$15,056 in FY 2011
White
Conducted Voter Ward Redistricting Analysis
Miscellaneous
Planning & Zoning Administration assistance: Aurora, Elkton, White, Brookings
County
Obtained two District-wide grants for economic development and GIS Training –
Brookings County Share - $7,569.
Partnered with local lenders in providing $524,000 in financing to four businesses
with total project costs of $1,354,000.
FY 2011 Grants Awarded: $22,625.06
FY 2008-2011 Grants Awarded: $5,731,942
Return on Investment FY 2008-2011(Based upon Brookings County and
municipality 2008-2011 dues - $167,686): $34.18 – Therefore for every dollar of
dues paid in FY 2008-2011, the District assisted in generating $34.18 Federal and State
grant funding.
City of Brookings
February 28, 2012
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First District Dues
2009 County Dues are based upon $3,500 + $1/capita
2010 County Dues are based upon $3,500 + $1.05/capita
2011 County Dues are based upon $3,500 + $1.10/capita
2012 County Dues are based upon $3,500 + $1.15/capita
2009 1st District Dues $ 199,080 23% of Budget
2010 Dues as % of Budget $ 207,110 Increase of 4.0% 23% of Budget
2011 Dues as % of Budget $ 215,259 Increase of 3.9% 23% of Budget
2012 Dues as % of Budget $ 223,535 Increase of 3.8% 24% of Budget
Brookings County Dues
2008 Brookings County Dues $30,309
2009 Brookings County Dues $31,720 increase of $1,411 or 4.7%
2010 Brookings County Dues $33,131 increase of $1,411 or 4.4%
2011 Brookings County Dues $34,542 increase of $1,411 or 4.3%
2012 Brookings County Dues $35,953 increase of $1,411 or 4.1%
2011- 2012 Municipal Dues
Aurora $ 421.96 $ 443.06
Brookings $ 6,825.85 $ 7,167.14
Bruce $ 255.97 $ 268.77
Elkton $ 608.12 $ 638.52
Sinai $ 217.19 $ 228.05
Volga $1,357.42 $ 1,425.29
White $ 515.05 $ 540.80
TOTAL $10,201.56 $10,711.63 $510.07 or 5%
TOTAL COMBINED $44,743.56 $46,664.63 $1921.07 or 4.3%
Brookings County Board Membership
City - Mayor Fred Weekes (Aurora)
At Large - Jay Gilbertson
County - Dennis Falken
First District Association of
Local Governments
First District Stats:
Established in 1971
Mission:11 counties and 75
communities working together to
improve the quality of life within
our region
Member Counties include:
Brookings, Clark, Codington,
Deuel, Grant, Hamlin,
Kingsbury,Lake, Miner, Moody
and Roberts
Population: 115,878 (2010)
Geographic Area: 7,851sq. Mi.
First District’s Governing Body:
First District is governed by a public body
known as the “Governing Body”.
The Governing Body is responsible for
establishing District goals and policies.
Governing Body composed of:
–1 county commissioner from each county
(Dennis Falken)
–1 elected municipal representative from each
county (Fred Weekes)
–1 at-large member from each county
(Jay Gilbertson)
–Chairmen of Flandreau Santee Sioux Tribe
and Sisseton Wahpeton Tribe
Fee for Service -
53%
Local Dues 24%
State and Federal
Contract/Grants
23%
FY 2012 District Funding
Staff…
Nearly 150 Years Cumulative
Experience with First District
Years Months
Todd Kays, Executive Director 18 10
Greg Maag, Economic Development Officer 19 6
Ted Haeder, Economic Development Officer 6 4
Ryan Hartley, GIS Coordinator 16 8
Darin Stein, Senior GIS Analyst 13 1
Jackie Erickson, GIS Specialist 11 8
Amy Edleman, GIS Specialist 4 0
Luke Muller, Planner 3 0
Paula Hulscher, FDDC Executive Vice President 17 3
Amy Waite, FDDC Loan Officer 7 4
Kate Carter, FDDC Loan Officer 2 2
Jan McNamara, Office Manager 38 0
Planning District Work Areas
Application Packaging (hundreds of
proposals per year)
Project Administration
(red tape management)
Planning and Research
(zoning, surveys, studies)
Technical and Financial Specialties (TIFs,
GIS, RLFs)
Program Support and Promotion (state
and federal infrastructure programs)
District
Results
Provide project services at costs under private sector
2011 Dues: $215,259
Grants/Principal Forgiveness FY 2011 -$921,314
Return on Investment FY 11: $4.28
Return on Investment FY 10: $30.47
Return on Investment FY 09: $41.97
Return on Investment FY 08: $24.67
Average Return on Investment FY 08-11: $25.01
Brookings County
Results
2011 Dues: $44,744 (08-11: $167,686)
Grants/Principal Forgiveness FY 08 to 11 -$5,731,942
Return on Investment FY 11: $0.51
Return on Investment FY 10: $31.19
Return on Investment FY 09: $24.77
Return on Investment FY 08: $85.83
Average Return on Investment FY 08 to11: $34.18
City of
Brookings
Results
2011 Dues: $6,826 (07 to 11: $30,960)
Grants/Principal Forgiveness FY 07 to 11 –$3,537,500
Return on Investment FY 11: $0.00
Return on Investment FY 10: $10.23
Return on Investment FY 09: $19.44
Return on Investment FY 08: $568.48
Return on Investment FY 07: $0.00
Average Return on Investment FY 07-11: $114.26
Brookings County
Results
(Business Loans)
2011 Business Loan Activity
–Three Loans: $2,902,200
–Total Project Costs: $7,102,440
City of Brookings
February 28, 2012
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5:00 P.M. WORK SESSION
Work Sessions are open to the public. During the work session the city staff would brief the council on
items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
2. Downtown Core Events Committee Update.
At their request, the Downtown Core Event Committee will provide an
update to the City Council downtown activities.
"Downtown Core Event Committee"
Daniel Roberts, SDSU Student, President
Patty Kratochvil, Threads of Memories, Secretary
Troy Hicks, Lantern Lounge
Lori and Brennen Sullivan, Sully's Irish Pub & Brownstone Restaurant
Les Rowland, Design Architects
Sara Rowland, Trendz
Kaytlin Pelton, SDSU
Vicki Schuster, DBI Manager
Jeff Miller, Brookings City Police
Marty Hendricks, Brookings Street Department
Jael Thorpe, Old Market and City Council
Suzanne Hegg, Executive Director SD Children's Museum
Mission Statement:
Downtown Core Events Committee is comprised of downtown business owners,
SDSU students, and city liaisons. Our mission is to address concerns prior to,
during, and after major events in the downtown core area to improve relations
between event organizers and the community.
City of Brookings
February 28, 2012
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5:00 P.M. WORK SESSION
Work Sessions are open to the public. During the work session the city staff would brief the council on
items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
3. Brookings Municipal Utilities Wastewater Plant Renovation
Project Presentation.
Brookings Municipal Utilities (BMU) shared their plans to renovate the
BMU Wastewater Treatment Plant with the City Council on April 26, 2011.
BMU wishes to update the City Council and public on amendments they
are planning to make to their original plans to renovate the BMU
Wastewater Treatment Plant.
City of Brookings
February 28, 2012
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5:00 P.M. WORK SESSION
Work Sessions are open to the public. During the work session the city staff would brief the council on
items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
4. City Council Member 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
February 28, 2012
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5:00 P.M. WORK SESSION
Work Sessions are open to the public. During the work session the city staff would brief the council on
items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
5. 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
February 28, 2012
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5:00 P.M. WORK SESSION
Work Sessions are open to the public. During the work session the city staff would brief the council on
items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
6. 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
February 28, 2012
22
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.
7. Review of Council Agenda, Invites and Obligations.
Date
Day Event &
Brief Description
Time Location / Town /
Address / Directions
March 10-14 NLC – Congressional
City Conference Washington, DC
March 14-15 Wednesday-
Thursday
SD Airports Annual
Conference Deadwood, SD
March 19-23 Board of Equalization Meeting Room
March 27 Tuesday Council Meeting 5:00 p.m. Council Chambers
March 29 Thursday Chamber & BEDC
Annual Meeting TBD TBD
April 12 Thursday Election Canvass TBD
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
July 10 Tuesday Council Meeting 5:00 p.m. Council Chambers
July 24 Tuesday Council Meeting 5:00 p.m. Council Chambers
August 14 Tuesday Council Meeting 5:00 p.m. Council Chambers
August 28 Tuesday Council Meeting 5:00 p.m. Council Chambers
September 11 Tuesday Council Meeting 5:00 p.m. Council Chambers
September 25 Tuesday Council Meeting 5:00 p.m. Council Chambers
October 9 Tuesday Council Meeting 5:00 p.m. Council Chambers
October 23 Tuesday Council Meeting 5:00 p.m. Council Chambers
November 13 Tuesday Council Meeting 5:00 p.m. Council Chambers
December 4 Tuesday Council Meeting 5:00 p.m. Council Chambers
December 18 Tuesday Council Meeting 5:00 p.m. Council Chambers
23
6:00 p.m. REGULAR MEETING
1. Call to order.
2. Pledge of Allegiance.
3. Record of Council Attendance.
4. Action to approve the following Consent Agenda Items:
A. Action to approve the agenda.
B. Action to approve minutes.
C. Action on Resolution No. 42-12, a Resolution appointing election judges for the April
10, 2012 municipal election.
D. Action on Resolution No. 34-12, a Resolution authorizing the Mayor to sign documents
for Brookings Airport Appraisal Review, Acquisition, and Relocation Work.
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 City/County Government Center Change Orders.
Action: Motion to Approve, Request Public Comment, Roll Call
9. Action on Resolution No. 35-12, a Resolution Awarding Bids on 2012-06STI, Chip Seal Project
Action: Motion to Approve, Request Public Comment, Roll Call
10. Action on Resolution No. 36-12, a Resolution Awarding Bids on 2012-07STI, Freight on Board
Asphalt Concrete.
Action: Motion to Approve, Request Public Comment, Roll Call
First Readings
11. Ordinance No. 04-12, an Ordinance amending the Zoning Ordinance of the City of Brookings
and pertaining to conditional uses in the Business B-2A District.
Public Hearing: March 27th
12. Ordinance No. 05-12, an Ordinance rezoning Lot 9, Block 2, University First Addition from a
Business B-2 District to a Residence R-3 District.
Public Hearing: March 27th
13. Ordinance No. 06-12, an Ordinance for an application for a Conditional Use Permit to establish
a Major Home Occupation (portrait studio) on Lot 8, Block 8, Morehouse Addition (819 9th
Avenue).
Public Hearing: March 27th
Second Readings / Public Hearings
14. Public hearing and action on a Temporary Liquor License for the Brookings Volunteer
Firefighter’s Association Annual Fireman’s Dance to be held on July 28, 2012 in the 300 block of
Main Avenue.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
24
15. Public hearing and action on Ordinance No. 02-12: an Ordinance establishing Business
Improvement District Number 1 of the City of Brookings, South Dakota.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
16. Action to approve Ordinance No. 03-12, an Ordinance authorizing a supplemental
appropriation to the 2012 Budget for the purpose of providing for additional funds for the
operation of the City.
Action: Motion to Approve, Request Public comment, Roll Call
17. Public hearing and action on Resolution No. 37-12, a Resolution Levying Assessment for
Sidewalk Assessment Project No. 2010-01SWR (2010 Sidewalk Repair Sites).
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
18. Public hearing and action on Resolution No. 38-12, a Resolution Levying Assessment for
Sidewalk Assessment Project No. 2011-01SWR (2011 Sidewalk Repair Sites).
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
19. Public hearing and action on Resolution No. 39-12, a Resolution for Proposed Street
Assessment Project 2012-02STA, 32nd Avenue.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
20. Public hearing and action on Resolution No. 40-12, a Resolution for Proposed Street
Assessment Project 2012-09STA, 25th Avenue and 10th Street.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
21. Public hearing and action on Resolution No. 41-12, a Resolution of Intent to Lease Real
Property (SDSU Airport Hangar).
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
22. Public hearing and action on Resolution No. 43-12, a Resolution Amending the City of
Brookings Vision 2020 Comprehensive Plan.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
23. Public hearing and action on Resolution No. 44-12, a Resolution to annex the R’Surene Morgan
Farm Addition in the NW ¼ of Section 6-T209N-R49W (2019 22nd Avenue South).
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Other Business
24. Consideration of a proposal from Main Street Pub regarding temporary use of Buffalo Wild
Wings Operating Agreement.
Action: Motion to Approve, Request Public Comment, Roll Call
25. Adjourn.
City of Brookings
February 28, 2012
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CONSENT AGENDA #4
4. Action to approve the following Consent Agenda Items: *
A. Action to approve the agenda.
B. Action to approve council minutes.
C. Action on Resolution No. 42-12, a Resolution appointing
election judges for the April 10, 2012 municipal election.
D. Action on Resolution No. 34-12, a Resolution authorizing
the Mayor to sign documents for Brookings Airport
Appraisal Review, Acquisition, and Relocation Work.
*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
February 28, 2012
26
CONSENT AGENDA #4
B. Action to approve minutes.
The draft February 14th Brookings City Council minutes are enclosed for
Council review and approval.
City of Brookings
February 28, 2012
27
Brookings City Council
February 14, 2012 (unapproved)
The Brookings City Council held a meeting on Tuesday, February 14, 2012 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 Deputy City Clerk Bonnie Foster were also present.
2012 Board of Equalization Hearings Review. Joyce Dragseth, County Director of
Equalization briefed the council on the Board of Equalization appeal and hearing process.
Overview of new Law Enforcement Center. City Manager Jeff Weldon and Police Chief
Jeff Miller provided a summary of the Police Department space needs and overview of the new
Law Enforcement Center project.
Review of Brookings Municipal Utilities (BMU) Quarterly Financial Reports. Laura
Julius, Finance and Accounting Manager for BMU, provided Brookings Municipal Utilities 2011
Annual Year-End and Quarterly Financial Reports.
City Council Member Ex-Officio Reports. Council Member Thorpe questioned if BMU
and Hospital Board need to present reports to the council quarterly. For providing public
information, it was agreed to continue with quarterly reports.
Kubal questioned if notice was given for the special Hospital Board meeting held February 11 th.
Mayor Reed asked that staff research this.
Bezdichek asked for clarification on the Hospital Board’s discussion for the board to be salaried,
much like the BMU Board. Mayor Reed asked City Manager Weldon and City Attorney
Britzman to research this and provide an update at the February 28th council meeting.
6:00 P.M. MEETING. Consent Agenda. The agenda was removed from consent for
separate action. A correction to Resolution No. 31-12 was noted. A motion was made by
Kubal, seconded by McClemans, to approve the consent agenda as amended.
A. Action to approve the January 10, January 24 and January 31 Council Minutes.
B. Action on volunteer appointments. Board of Appeals: Appoint Mike Clites (term
1/1/2012-1/1/2017); Traffic Safety Committee: Appoint Gary Gramm (term 12/31/2011-
12/31/2014).
C. Action on Resolution No. 31-12, a Resolution declaring items surplus.
Resolution No. 31-12 - Declaring Surplus Property
Whereas, the City of Brookings is the owner of the following described equipment formerly
used at the City of Brookings Street Department: One (1) 2004 Elgin Street Sweeper,
Serial Number P-4371-S, Model Number Pelican P; One (1) 1994 Sulair Portable Air
Compressor, Serial Number 004-113227, Model Number 185; One (1) 1994 Ford 4x4
Pickup, Serial Number 1FTEF14H8RNA04761, model Number F150; One (1) 1989 Ford
2x4 Pickup, Serial Number 1FTEF15Y2KPA27929, Model Number F150; One (1) 1987
Hyster Rubber Roller, Serial Number A91C3859-H, Model Number C-530A; One (1) 1994
City of Brookings
February 28, 2012
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BoMag Steel Face Roller, Serial Number 101170500863, Model Number BW120AD-2; One
(1) 1987 Unimasco Line Striper, Serial Number 72137, Model Number 9500; One (1) 1990
M&B Line Striper, Serial Number 2-3602, Model Number 830-3-10; and One (1) 1992 M&B
Line Striper, Serial Number 2-3928, Model Number 830-3-10.
Whereas, in the best financial interest, it is the desire of the City of Brookings to sell or
trade same as 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.
On the motion, all present voted yes; motion carried.
Agenda. A motion was made by McClemans, seconded by Kubal, to amend the agenda to add
item #13A: a motion to reconsider Resolution No. 21-12, a Resolution establishing the fee for
issuance of Operating Agreement in the City of Brookings. (Resolution No. 21-12 was approved
on 1/24/2012). All present voted yes, except Corbett voted no, and Thorpe abstained; motion
carried. A motion was made by McClemans, seconded by Kubal, to approve the agenda as
amended. All present voted yes; motion carried.
Recognition of “Congenital Heart Defect Month.” A Proclamation designating February
7-14, 2012 as “Congenital Heart Defect Awareness Week” was read and presented to Clint
and Amy Smith, and son, Treynor.
First Reading – Ordinance No. 02-12. A first reading was held on Ordinance No. 02-12:
Business Improvement District - An Ordinance Establishing Business Improvement District
Number 1 of the City of Brookings, South Dakota. Public Hearing: February 28, 2012
First Reading – Ordinance No. 03-12. A first reading was held on Ordinance No. 03-12:
Budget Amendment - An Ordinance authorizing a Supplemental Appropriation to the 2012
Budget for the purpose of providing for additional funds for the operation of the City. Public
Hearing: February 28, 2012
Ordinance No. 01-12. A public hearing was held on Ordinance No. 01-12, an Ordinance
amending the Zoning Ordinance pertaining to banners and temporary signs. No public
comment. A motion was made by Kubal, seconded by Thorpe, to approve Ordinance No. 01-
12. All present voted yes; motion carried.
Resolution No. 32-12. A public hearing was held on Resolution No. 32-12, a Resolution of
Intent to Lease Real Property at the Research & Technology Center. Public Comment: Ryan
Brunner. A motion was made by McClemans, seconded by Kubal, to approve Resolution No.
32-12. All present voted yes; motion carried.
Resolution No. 32-12 - Resolution of Intent to Lease Real Property to
Northern Plains Power Technologies
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 Northern Plains Power Technologies,
City of Brookings
February 28, 2012
29
for a period of one year and automatically renewable on an annual basis thereafter and
pertaining to the following described property: Research & Technology Center – 807 32nd
Avenue, Unit 2.
Be It Further Noted, that a Public Hearing on this Resolution was held on February 14, 2012 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.
LEASE AGREEMENT
THIS LEASE AGREEMENT is made and entered into by and between the City of Brookings,
South Dakota, a municipal corporation, Lessor, hereinafter referred to as "City", and Northern
Plains Power Technologies, hereinafter referred to as "Tenant".
WHEREAS, City owns the Brookings Area Research and Technology Center, located at 807 –
32nd Avenue, in Brookings, South Dakota, and desires to lease a portion of said facilities to
Tenant, and
WHEREAS, the above-named Tenant has expressed a desire to lease a portion of said facilities
hereinafter described in accordance with the terms and conditions set forth herein, now
therefore,
FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS, CONDITIONS AND
PROMISES, THE PARTIES DO HEREBY AGREE AS FOLLOWS:
1. Lease Agreement: The City does hereby lease unto Tenant and Tenant does hereby agree to
lease and take from City, that space located in the Brookings Area Research and Technology
Center, which is located at 807 – 32nd Avenue, Brookings, South Dakota, marked as Unit 2 on
the attached Exhibit “A”, and containing approximately 2,066 square feet, hereinafter referred
to as “Unit 2”.
2. Term/Option to Renew: Tenant shall hold the above leased Unit 2 commencing February 15,
2012, and ending at 5:00 p.m. on February 14, 2013.
Tenant shall have the option to renew this Lease for two (2) additional terms of one (1) year
each. Such renewal shall be upon the same terms and conditions as the initial term except that
the rent shall be adjusted as provided in Section Four (4), below. Tenant’s option to renew shall
conclusively be deemed to have been exercised without prior notice unless Tenant provides
written notice of Tenant’s intent not to renew to City no later than ninety (90) days prior to
expiration of the then current lease term.
3. Use of Premises: The above leased premises shall be used by Tenant in connection with its
research and development pertaining to that business for the following purpose and no others
without the prior written consent of City:
Engineering consulting services and computer modeling technologies serving the distributed
generation and smart-grid industries.
City of Brookings
February 28, 2012
30
Tenant shall not use any portion of the premises for purposes other than those specified herein
without the prior written consent of the City and no use shall be made or permitted to be
made upon the premises nor acts done which will increase the existing rate of insurance upon
the property or cause cancellation of insurance policies covering said property. Tenant shall not
conduct or permit any sale by auction on the premises.
4. Rent: Rent for First Year of Lease: The Tenant shall pay as rent to City for the first year of
said Lease (through February 14, 2013), the sum of $7.50 per square foot, based upon the
occupancy of 2,066 square feet, the total annual sum of $15,495 to be payable in equal monthly
installments of $1,291.25. Rent for Second Year of Lease: From and after February 15, 2013,
provided this Lease is not terminated, the Tenant shall pay as rent to City for the second year of
said Lease, the sum of $8.00 per square foot, based upon the occupancy of 2,066 square feet,
the total annual sum of $16,528, to be payable in equal monthly installments of $1,377.33. Rent
for Third Year of Lease: From and after February 15, 2014, provided this Lease is not
terminated, the Tenant shall pay as rent to City for the third year of said Lease, the sum of $8.50
per square foot, based upon the occupancy of 2,066 square feet, the total annual sum $17,561
to be payable in equal monthly installments of $1,463.42.
Tenant shall pay each monthly rental on or before the 1st day of each succeeding month
through the full term of this Lease, and is late if paid after the 5th day of the month. Failure to
timely pay the rent, in addition to all other remedies, will result in a ten (10%) percent late
charge.
In the event Tenant shall terminate this Lease prior to the expiration of the Lease Agreement,
all remaining lease payments shall be due and payable to City, provided, however, that the City
agrees to forgive any remaining lease payments if the Tenant constructs or purchases a new
facility in Brookings and moves the business as described in section 3 to said facility.
5. Utilities: Tenant shall be responsible for paying its own utilities.
6. Tenant Covenants: The Tenant makes the following covenants: 1. To keep the interior of
Unit 2 and all fixtures therein in good condition and repair. 2. Not to make any structural
alterations or additions to Unit 2 without the written consent of the City. 3. Not to assign this
Lease, nor sublet Unit 2, nor to permit any other person to occupy Unit 2, except for
employees of the Tenant. 4. To remove, at the termination of this Lease, all goods and effects,
and to leave Unit 2 in good repair and order, reasonable wear and tear excepted. 5. To use
Unit 2 for the purpose of the Tenant's business only, and to comply in all respects to the
schedule of Tenant's Rules of Occupation, hereinafter called "Rules", annexed to this Lease as
Exhibit "B", or such amended rules that may be issued by the City or the City's agents. 6. To
purchase and maintain such insurance as Tenant deems appropriate to protect Tenant from
loss of Tenant's property due to fire and/or casualty; and to purchase and maintain a
commercial general liability premises policy in the minimum amount of $1,000,000.00 per
occurrence and $2,000,000.00 aggregate, and Tenant shall provide City with a Certificate of
Insurance showing City as an additional insured. The Certificate shall provide for a ten (10) day
written notice to City in the event of cancellation or material change of coverage. Tenant shall
City of Brookings
February 28, 2012
31
furthermore hold the City harmless and indemnify it from any injury, loss or damage that may
occur to the property of employees of Tenant or other third parties visiting the Tenant or
other Tenants in the facility. To the maximum extent permitted by insurance policies which
may be owned by City or Tenant, Tenant and City, for the benefit of each other, waive any and
all rights of subrogation which might otherwise exist. 7. To comply with all Federal, state, or
local laws which may affect the Tenant's use of Unit 2. 8. Not to affix signs or advertising
displays of any kind, either to the exterior or interior walls of Unit 2, or to any of its doors or
windows, without the prior written consent of City. 9. Tenant shall not vacate or abandon the
premises at any time during the term hereof, and if Tenant shall abandon or vacate the
premises, or be dispossessed by process of law, or otherwise, any personal property belonging
to Tenant left upon the premises shall be deemed to be abandoned at the option of the City.
10. City shall not be liable for any damage or injury to Tenant, or any other person, or to any
property, occurring on the demised premises or any part thereof, and Tenant agrees to hold
City harmless from any claims for damages unless such damage or injury results from the
negligence of the City.
7. Lessor’s Covenants: The City makes the following covenants: 1. The City covenants that it
has the right to grant this Lease as Owner of the building. 2. To keep the exterior of the
premises in good repair and condition, and to clean and maintain the areas of the Brookings
Area Research and Technology Center which are used in common by all Tenants. The City
shall be responsible for the exterior and interior structural maintenance of the building and
maintaining the common areas. The City shall be responsible for pest control around the
exterior of the Center and in the common areas. The City shall also be responsible for
maintenance of the heating and cooling system. 3. To insure and keep insured at all times the
buildings, structures and fixtures owned by the City against fire, windstorm and similar
occurrences. 4. To permit the Tenant to occupy Unit 2 during the term of this Lease quietly
and peaceably, provided the Tenant performs the covenants of this Lease. 5. To provide and
update a directory of Tenants in the reception area and to provide identification signs within
the building to enable visitors to locate Tenant. 6. To provide suitable means of disposing of
a reasonable amount of non-hazardous waste materials resulting from use of the leased
premises by Tenant.
8. Mutual Covenants: 1. It is mutually agreed that the principal objective of the Brookings
Area Research and Technology Center is to encourage the formation of successful new
businesses and to create new job opportunities, and this Lease and any other agreement
between the City and the Tenant must be construed in the context of this objective. 2. Both
parties agree that if Unit 2 shall be substantially destroyed by windstorm, fire or other
happening, then either party may elect to terminate this Lease by giving written notice of
termination to the other party. 3. If Tenant receives the City's written permission to alter or
add to the structure, such alterations or additions will be undertaken at the expense of the
Tenant. When written permission has been given by the City, on the termination of this Lease
by mutual consent and provided the Tenant has well and faithfully complied with the
covenants of this Lease, the City will undertake to reimburse the Tenant with a
proportionate part of the agreed costs of any alterations or additions which materially
improve the building, provided the Tenant agrees to continue to operate its business in the
City of Brookings. The details of any agreement of this kind will be contained in the letter of
City of Brookings
February 28, 2012
32
consent granted by the City. 4. If Tenant fails to perform any of the covenants contained in
this Lease, or if the Tenant shall be declared bankrupt or insolvent, or if a receiver of the pro-
perty of the Tenant is appointed, or if an assignment shall be made of a Tenant's property for
the benefit of creditors, or if Tenant is otherwise in default under this Lease, then the City
shall give written notice of default to Tenant. The Tenant shall have thirty (30) days to cure
said default. In the event the Tenant fails to cure said default within the thirty (30) day period,
the City may immediately enter into Unit 2, without further notice, and repossess Unit 2,
expel the Tenant and those claiming through or under the Tenant, and remove their effects.
The Tenant hereby expressly waives the service of any notice of intention to re-enter, and
Tenant covenants that, in the case of such termination, the Tenant will indemnify the City
against any loss of rent and other claims that the City may incur by reason of termination of
this Lease and re-entry, including reasonable attorney's fees.
9. Miscellaneous: 1. Any notice from the City to Tenant or from Tenant to City shall be
deemed duly served if mailed by certified mail to the last known address of the Tenant, or to
the address of the City or to the address of the Agents acting for City, and the customary
certified mail receipt shall be conclusive evidence of such service. 2. This Lease shall be
subject to and construed under the laws of the State of South Dakota.
IN WITNESS WHEREOF, the parties have hereto placed their signatures on the day and date
set forth below.
TENANT RULES OF OCCUPATION: 1. These are the Rules of Occupation referred to in
Section 6.5 of the Tenant Covenants contained in the Lease between the City and Tenant. 2.
Tenants will be required to: a) Ensure that all access doors into the building are properly
closed after exit or entry. Fire exit doors are for emergency use only and must not be used
for entry or exit or for loading or unloading freight. This requirement is imposed to protect
the security and integrity of the whole building and its occupants. b) Dispose of all waste
materials in the receptacles provided by the City, and not to leave any garbage or waste
materials in any part of the premises or on the parking lot. No oil, grease, paint, or other
deleterious matter can be deposited in any drain inside or outside the building. c) Ensure that
no gasoline or any other particularly inflammable explosive or combustible material is stored
within Unit 2 occupied by Tenant or on any part of the Brookings Area Research and
Technology Center in violation of the City of Brookings Fire Code, with the exception only
of fuel contained in the fuel tanks of Tenant’s vehicles. d) Take care to connect all plant and
machinery to electrical services in an approved manner and not to overload any electrical
circuits. e) Avoid obstructing the corridors or passageways within the Brookings Area
Research and Technology Center and to use only approved means of transporting freight,
goods or supplies through such corridors or passageways. f) Permit the City scheduled
access at all reasonable times to enter and inspect Unit 2 leased to the Tenant, and to allow
contractors employed by the City to enter and carry out repairs or alterations to any part of
Unit 2 or its fixtures, subject to reasonable notice and an opportunity to be present during
said repairs or alterations. g) Do nothing which would cause the insurance procured by the
City to become void or invalidated. h) To ensure that all employees of the Tenant that
access Unit 2 are aware of these Rules and to make it a condition of employment that
employees obey these Rules or any variation of them which are made from time to time.
City of Brookings
February 28, 2012
33
Resolution No. 33-12. A motion was made by Niemeyer, seconded by Thorpe, to approve
Resolution No. 33-12, a Resolution applying to the Economic Development Administration for
grant funding for the construction of 32nd Avenue. No public comment. All present voted yes;
motion carried.
Resolution No. 33-12 - Resolution in Support of
Economic Development Administration Grant Application
Whereas, the City of Brookings has identified the need to extend 32nd Avenue, and
Whereas, the City of Brookings proposes to extend 32nd Avenue by approximately 2,500 feet,
and
Whereas, the City of Brookings is eligible for Federal assistance from the U.S. Department of
Commerce Economic Development Administration (EDA) for the proposed project, and
Whereas, the City of Brookings has discussed the proposed 32nd Avenue extension project at a
City Council meeting on February 14, 2012, at 6:00 PM, and
Whereas, with the submission of the EDA application the City of Brookings assures and
certifies that all EDA program requirements will be fulfilled, and
Now, Therefore, Be It Resolved that the City of Brookings duly authorizes the Mayor of the
City of Brookings to sign and submit the EDA application requesting up to $500,000 of funds.
This resolution is effective immediately upon passage.
Thorpe recused herself due to personal conflict.
Reconsideration of Resolution No. 21-12. A motion was made by McClemans, seconded
by Kubal, to reconsider the following action taken on January 24, 2012 for Resolution No. 21-
12, a Resolution establishing the fee for issuance of Operating Agreements in the City of
Brookings. On the motion; Kubal, McClemans and Niemeyer voted yes, Bezdichek, Corbett
and Reed voted no; MOTION FAILED.
Adjourn. A motion was made by Kubal, seconded by Corbett, to adjourn. All present voted
yes; motion carried. Meeting adjourned at 6:50 p.m.
CITY OF BROOKINGS
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
City of Brookings
February 28, 2012
34
CONSENT AGENDA #4
C. Action on Resolution No. 42-12, a Resolution appointing election
judges for the April 10, 2012 municipal election.
Pursuant to state law, action is needed to appoint the superintendents and
deputies for the combined April 10th Municipal and School Election. (Names
with an * were not confirmed at time of printing.)
Resolution No. 42-12
Appointment of Election Judges
Whereas, a City of Brookings Municipal Election will be held on April 10, 2012 for the positions
of two Council members; and
Whereas, as required by SDCL 9-13-16.1, the City Council must appoint Election
Superintendents and Deputies and set their rate of compensation; and
Whereas, the following superintendents and deputies are hereby appointed at a rate of $10.50
per hour for superintendents, $10.00 per hour for deputies, and a flat fee of $20.00 for the
April 9, 2021 Election School: RESOLUTION BOARD: David Peterson, Larry Hult, and Ken
Ahartz as Alternate; PRECINCT 1 – Tompkin’s Alumni Center: Bobbe Bartley, Superintendent,
LaRayne Wahlstrom, Richard Wahlstrom, and Barb Telkamp as Alternate; PRECINCT 2 – 1st
Lutheran Church: Marcella Headley, Superintendent, Neva Jean Corlett, Norma Linn, and
Dona Kornbaum* as Alternate; PRECINCT 3 – City Hall: Verle Barg, Superintendent, Barb
Woolworth, Russell Lokken, and Carol Dusharm as Alternate; PRECINCT 4 – Ascension
Lutheran Church: Sue Knutzen, Superintendent, Sharon Anderegg, Marilyn Foerster, and
Robert Bell as Alternate; PRECINCT 5 – Bethel Baptist Church: Joann Kruse, Superintendent,
Marlys Berkland, Bev Carlson, and Marlys Schutt as Alternate; and PRECINCT 6 – United
Church of Christ: Kris Cooper, Superintendent, Dorothy Williamson, Charleen Forsyth, and
Ardelle Derdall as Alternate.
Passed and approved this 28th day of February, 2012.
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City of Brookings
February 28, 2012
35
CONSENT AGENDA #4
D. Action on Resolution No. 34-12, a Resolution authorizing the
Mayor to sign documents for Brookings Airport Appraisal Review,
Acquisition, and Relocation Work.
The City is proceeding with design and consulting work in preparation of
the Brookings Regional Airport improvements for the new runway
alignment. One item underway is land appraisal and land acquisition. The
City retained the services of Northern Plains Appraisal, dba Gatzke
Appraisal, to perform appraisals on the property that is required for the
airport project. The appraisals are required to be in compliance with the
“Uniform Standards of Professional Appraisal Practice” and the “Uniform
Appraisal Standards for Federal Land Acquisitions”. The South Dakota
Department of Transportation Division of Right-of-Way will assist the City
in reviewing the appraisals for conformity to the federal requirements,
calculate any relocation payments required, and assist in land acquisition.
SDDOT has estimated the approximate cost of the agreement for appraisal
review, acquisition, and relocation work will be $10,000. This agreement is
eligible for FAA funding and a grant is anticipated at a later date. This
Resolution will authorize the mayor to sign the agreement and related
documents for the Appraisal Review, Acquisition, and Relocation Work for
Brookings Regional Airport Project No. 3-46-0005-25-2012.
Resolution No. 34-12
A Resolution Authorizing the Mayor to Sign Documents
for Brookings Airport Appraisal Review, Acquisition and Relocation Work
Whereas, the Brookings City Council desires South Dakota Department of Transportation
assistance with the Brookings Regional Airport Project 3-46-0005-25-2012 for Appraisal
Review, Acquisition, and Relocation Work;
Now, Therefore, Be It Resolved that the Mayor of the City of Brookings is authorized to sign
the Agreement and other related documents for Appraisal Review, Acquisition and Relocation
Work for the Brookings Regional Airport Project 3-46-0005-25-2012.
Dated this 28th day of February, 2012.
CITY OF BROOKINGS
_________________________
ATTEST: Tim Reed, Mayor
____________________________
Shari Thornes, City Clerk
City of Brookings
February 28, 2012
36
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
February 28, 2012
37
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
February 28, 2012
38
Contracts and Change Orders
8. City/County Government Center Change Orders
TO: Mayor and City Council Members
FROM: City Manager Jeff Weldon
RE: Change orders for the City/County Government Center
The following are change orders to various construction contracts for the City/County
Government Center. They have been approved by the Joint Powers Board and the
County Commission and your request for concurrence is needed. The project has a
remaining contingency of $217,396 after the following change orders:
COR #18 Added mechanical & electrical equipment pads, backcharge among
contractors: American Electrical ($565), Krier and Blain, Inc. ($1,800),
Manning Mechanical ($2,500), Peska Constuction $4,865
COR #24 Additional electrical outlets, owner-requested: American Electrical
$5,355.
COR #25 Provide low-head room track on sectional door: Skold Specialty $770
COR #27 Fur drywalls at drinking fountains in Rooms 243 & 245 to allow for piping
insulation in walls: Fox Drywall $1,036
COR #28 Added lumber and welding at parapet walls: Fox Drywall $1,322
COR #29 Fur out walls and replace batt insulation with foam insulation at Rooms
105-108, 110, 111, 115-117, 124A, 142, 143 per Building Inspector: Fox
Drywall $2,308
COR #30 Additional lettering for City signage, add “City of…” at suite entrance,
owner-requested: Mills Construction $131
COR #31 Additional data jack (1) and change duplex outlet to a double outlet in
Room 213, owner-requested: American Electrical $450
COR #36 Add lockable cash drawer to Clerks Room #140, owner-requested:
Clark Drew Construction $1,914
COR #37 Move wet tap into boulevard on east side of building (Tap was in the yard
of a private residence.): Mills Construction $1,232
COR #43 Replace elevator ceiling damaged by sprinkler fitters: Shindler Elevator
$3,000, Total Fire Protection ($3,000)
City of Brookings
February 28, 2012
39
EFO #10 Stairwell fan coil units: Manning Mechanical $5,093
EFO #11 Duct re-routing in service room #125: Manning Mechanical $1,430
EFO #12 Provide flow control valve in AHU cooling coil bypass leg: Krier & Bain
$280
EFO #13 Add lower level double door sets to storage rooms, owner-requested:
American Electrical $1,017, Ellis-Lieffort Painting $250, Fox Drywall $0,
Mills Construction $6,995
RFP # 17 Steel reinforcing below master file Room #213, owner-requested: Egger
Steel $2,850, Mills Construction $1,710
Total change orders: $34,143
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City of Brookings
February 28, 2012
46
Contracts and Change Orders
9. Action on Resolution No. 35-12, a Resolution Awarding Bids on
2012-06STI, Chip Seal Project.
This project is the chip seal project for the 2012 Project Area, which is
located south of 20th Street South and east of 22nd Avenue. Since this area
is not as large as some other project areas, two other streets were added
to the project list; Western Avenue north of 6th Street and Orchard Drive
between Medary Avenue and 22nd Avenue. This is an annual project, where
the contractor applies oil and city-purchased pea rock chips to the streets.
The City then sweeps up the excess chips a few days afterward. This year
we will utilize washed pea rock for the chip seal, which should minimize the
dust after the application.
The City opened bids on Tuesday, February 21, 2012 at 1:30 pm at
Brookings City Hall with the following bids received:
Topkote, Inc., Yankton, SD $192,030.00
Bituminous Paving, Inc., Ortonville, MN $199,590.00
The Road Guy Construction Co., Yankton, SD $232,500.00
The low bid was approximately 0.2% lower than the Engineers Estimate of
$192,030.00. This resolution will award the project to the low bid of
Topkote, Inc., Yankton, SD for the contract amount of $192,030.00.
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City of Brookings
February 28, 2012
47
Resolution No. 35-12
Resolution Awarding Bids on Project 2012-06STI
Chip Seal Project
Whereas, the City of Brookings opened bids for Project 2012-06STI Chip Seal Project on
Tuesday, February 21, 2012 at 1:30 pm at Brookings City Hall; and
Whereas, the City of Brookings has received the following bids for Project 2012-06STI Chip
Seal Project: Topkote, Inc., Yankton, SD: $192,030; Bituminous Paving, Inc., Ortonville, MN:
$199,590.00; The Road Guy Construction Co., Yankton, SD: $232,500.00.
Now Therefore, Be It Resolved that the low bid of $192,030.00 for Topkote, Inc., Yankton, SD
be accepted.
Passed and approved this 28th day of February 2012.
CITY OF BROOKINGS
________________________________
Tim Reed, Mayor
ATTEST:
_________________________
Shari Thornes, City Clerk
City of Brookings
February 28, 2012
48
Contracts and Change Orders
10. Action on Resolution No. 36-12, a Resolution Awarding Bids on
2012-07STI, Freight on Board Asphalt Concrete.
This project is the annual Street Maintenance Project which provides the
asphalt patching material the Street Department picks up at the asphalt
plant. The asphalt material is used as-needed throughout the construction
season and the Street Department can repair large areas of asphalt patching
with the City crew.
The bid letting was held on February 21, 2012 with the following bid
received:
Bowes Construction Co., Inc. $69,825.00
The asphalt concrete freight on board bid prices were approximately 6%
higher than the engineer’s estimate of $65,575.00, which was mainly due to
an increase in oil prices. Recommend awarding the contract to Bowes
Construction Co., Inc. of Brookings, SD for the low bid of $69,825.00.
Resolution No. 36–12
Resolution Awarding Bids on Project 2012-07STI
Asphalt Concrete Freight On Board Project
Whereas, the City of Brookings opened bids for Project 2012-07STI Asphalt Concrete Freight
On Board Project on Tuesday, February 21, 2012 at 1:30 pm at Brookings City Hall; and
Whereas, the City of Brookings has received the following bids for Project 2012-07STI Asphalt
Concrete Freight on Board Project: Bowes Construction Co., Inc., Brookings, SD: $69,825.00.
Now Therefore, Be It Resolved that the total low bid of $69,825.00 for Bowes Construction Co.,
Inc., Brookings, SD be accepted.
Passed and approved this 28th day of February 2012.
CITY OF BROOKINGS
________________________________
ATTEST: Tim Reed, Mayor
_________________________
Shari Thornes, City Clerk
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City of Brookings
February 28, 2012
49
First Readings**
11. Ordinance No. 04-12, an Ordinance amending the Zoning
Ordinance of the City of Brookings and pertaining to conditional
uses in the Business B-2A District.
Public Hearing: March 27th
**No vote is taken on the first reading of an Ordinance. The title of the
Ordinance is read and the date for the public hearing is announced.
Proposal: Add a community center as a conditional use in the B-2A District
Background: The B-2A District was designed primarily for office uses. The intent of the
district is worded as follows:
This district is intended to provide for a mixture of office and other compatible and
complimentary uses. This district is intended to be located in close proximity to
commercial uses or used as a transitional zone between commercial and residential uses.
An emphasis shall be placed on landscaping and site arrangement.
Specifics: A community center is defined as “a building used for social, recreational or
other activities by a group of people with common interests but not primarily for profit
nor to render a service which is customarily carried on as a business.” It could function
similar to a funeral home where groups of people attend an event for a limited time and
where events are not scheduled on a routine basis. The primary difference would, or
course, be the nature of the event. The conditional use standards for a community
center were somewhat tailored to the Brookings Activity Center. These are as follows:
Sec. 94-264.5. Community Center:
Such uses shall be located in close proximity to a public parking lot in order
to supplement the parking needs of the use. All accessory activities
associated with the use and the location of such activities shall be shown on
a building and site layout.
Recommendation: The Planning Commission voted 7 yes and 0 no to recommend
approval of the zoning amendment
City of Brookings
February 28, 2012
50
Ordinance No. 04-12
An Ordinance amending the Zoning Ordinance of the City of Brookings and
pertaining to Conditional Uses in the Business B-2A District for the purposes of
administration of the Zoning Ordinance
Be it ordained by the Council of the City of Brookings, State of South Dakota: that Chapter 94,
Zoning, shall be amended as follows:
Section 1. Article IV. District Regulations
Section 94-133. Business B-2A Office District
(e) Conditional Uses
4. Community Center
Section 2. Any or all ordinances in conflict herewith are hereby repealed.
First Reading: February 28, 2012
Second Reading: March 27, 2012
Published:
CITY OF BROOKINGS, SD
___________________________
Tim Reed, Mayor
ATTEST:
________________________
Shari Thornes, City Clerk
City of Brookings
February 28, 2012
51
NOTICE OF HEARING
UPON A CHANGE IN ZONE REGULATIONS
NOTICE IS HEREBY GIVEN That the City of Brookings has submitted an
amendment to Chapter 94, Zoning, pertaining to a Community Center as a conditional
use in the Business B-2A District.
NOTICE IS FURTHER GIVEN That said request will be acted on by the City
Planning Commission at 7:00 PM on Tuesday, February 7, 2012, in the Council
Chamber in the lower level of City Hall, Brookings, South Dakota. Any action taken by
the City Planning Commission is a recommendation to the City Council.
Any person interested may appear and be heard in this matter.
Dated this 27th day of January 2012.
____________________________
Dan Hanson
Planning & Zoning Administrator
City of Brookings
February 28, 2012
52
Planning Commission
Brookings, South Dakota
February 7, 2012
OFFICIAL MINUTES
Chairperson Wayne Avery called the regular meeting of the City Planning Commission
to order on February 7, 2012, at 7:00 PM in the Council Chamber at City Hall. Members
present were Hal Bailey, Mike Cameron, Donna DeKraai, Greg Fargen, Al Heuton, John Sydow,
and Avery. Alan Gregg and John Gustafson were absent. Also present were Kate and Greg
Heiberger, Mary Bibby, Carol Klug, Cindy Swinson, City Engineer Jackie Lanning, Community
Development Director Mike Struck, Planning and Zoning Administrator Dan Hanson and
others.
Item #7 – The City of Brookings has submitted an amendment to Chapter 94, Zoning,
pertaining to a Community Center as a conditional use in the Business B-2A District.
(Bailey/Cameron) Motion to approve the zoning amendment. All present voted aye.
MOTION CARRIED.
SUMMARY OF DISCUSSION
Item #7 – The community center use would likely be proposed as a buffer between a
residential district and other B-2A district uses. Cameron felt a community center, as a
conditional use, was appropriate for the district.
City of Brookings
February 28, 2012
53
Sec. 94-133. BUSINESS B-2A OFFICE DISTRICT
(a) Intent. This district is intended to provide for a mixture of office and other compatible and
complimentary uses. This district is intended to be located in close proximity to commercial uses
or used as a transitional zone between commercial and residential uses. An emphasis shall be
placed on landscaping and site arrangement.
(b) Scope of Regulations. The regulations set forth in this section or set forth elsewhere in
this title, when referred to in this section, are the district regulations of the Business B-2A Office
District.
(c) Permitted Uses.
1. Office
2. Personal Health Service
3. Funeral home or mortuary
(d) Permitted Special Uses. A building or premises may be used for the following purposes in
conformance with the conditions prescribed herein:
1. Broadcast station or studio
a. No broadcast towers allowed
2. Service Store or hair salon
a. Floor area shall not exceed 2,000 square feet
b. No tanning beds shall be allowed in conjunction with these uses
(e) Conditional Uses.
1. Home occupation
2. Mixed business/residential use
3. Financial institution
4. Community center
(f) Density, Area, Yard and Height Regulations.
The B-2A district regulations shall be as follows:
Min. Min. Min. Min. Min. Max.
Lot Lot Front Side Rear Height
Density Area Width Yard Yard Yard
Sq.Ft. Sq.Ft.
All Uses - - 25' -* 20'* 35'
*A twenty-five foot (25') landscaped area shall be required between an abutting residential
district boundary line and any structure, access drive, parking lot or other accessory use.
(g) Accessory Uses. Accessory uses and building permitted in the B-2A District are buildings
and uses customarily incidental to any of the permitted uses in the district.
(h) Parking Regulations. Parking, loading and stacking within the B-2A District shall be in
conformance with the regulations set forth in division 4 of article VI of this chapter.
(i) Sign Regulations. Signs within the B-2A District shall be in conformance with the regulations
set forth in division 5 of article VI of this chapter.
(j) Other Regulations. Development within the B-2A District shall be in conformance with the
regulations set forth in article II of this chapter.
City of Brookings
February 28, 2012
54
First Readings**
12. Ordinance No. 05-12, an Ordinance rezoning Lot 9, Block 2,
University First Addition from a Business B-2 District to a
Residence R-3 District.
Public Hearing: March 27th
**No vote is taken on the first reading of an Ordinance. The title of the
Ordinance is read and the date for the public hearing is announced.
Applicant: City of Brookings
Proposal: Rezone the East Fire Station lot back to a residential district
Background: The land that the fire station is on was deeded to the City of
Brookings by the State in 1972. There is a deed restriction which limits the
use of the property to a fire station. If the fire station is moved, the land
goes back to the State.
Specifics: Lot 9 was zoned to a business district in 2009. The primary
reason was to use the lot for community-based promotions through
enhanced signage. However, this did not work out as anticipated. A
rezoning back to a Residence R-3 District will allow for more flexibility in
the planned expansion of the fire station. Current zoning to the north is
also R-3.
Recommendation: The Planning Commission voted 7 yes and 0 no to
recommend approval of the rezoning
City of Brookings
February 28, 2012
55
Ordinance No. 05-12
An Ordinance to change the zoning within the City of Brookings
Be It Ordained by the City of Brookings, South Dakota:
Section 1. That the real estate situated in the City of Brookings, County of Brookings, State of
South Dakota, described as follows, to-wit:
Lot 9, Block 2, University First Addition
be and the same is hereby rezoned and reclassified from a Business B-2 District to a Residence
R-3 District
In accordance with Section 94-7 of Article I of Ordinance 25-02 of the Code of Ordinances of
Brookings, South Dakota, as said districts are more fully set forth and described in Articles III
and IV, Chapter 94 of Ordinance No. 25-02 of the City of Brookings, South Dakota.
Section 2. The permitted use of the property heretofore described be and the same is hereby
altered and changed in accordance herewith pursuant to said Ordinance No. 25-02 of the City
of Brookings, South Dakota.
Section 3. All sections and ordinances in conflict herewith are hereby repealed.
First Reading: February 28, 2012
Second Reading and Adoption: March 27, 2012
Published:
CITY OF BROOKINGS, SD
________________________
Tim Reed, Mayor
ATTEST:
_________________________
Shari Thornes, City Clerk
City of Brookings
February 28, 2012
58
Planning Commission
Brookings, South Dakota
February 7, 2012
OFFICIAL MINUTES
Chairperson Wayne Avery called the regular meeting of the City Planning Commission
to order on February 7, 2012, at 7:00 PM in the Council Chamber at City Hall. Members
present were Hal Bailey, Mike Cameron, Donna DeKraai, Greg Fargen, Al Heuton, John Sydow,
and Avery. Alan Gregg and John Gustafson were absent. Also present were Kate and Greg
Heiberger, Mary Bibby, Carol Klug, Cindy Swinson, City Engineer Jackie Lanning, Community
Development Director Mike Struck, Planning and Zoning Administrator Dan Hanson and
others.
Item #6 – The City of Brookings has submitted a petition to rezone Lot 9, Block 2, University
First Addition from a Business B-2 District to a Residence R-3 District.
(Heuton/DeKraai) Motion to approve the rezoning. All present voted aye. MOTION
CARRIED.
SUMMARY OF DISCUSSION
Item #6 – Hanson commented on the previous rezoning from R-3 to B-2 in 2009. The
contemplated use of the land under the B-2 regulations did not work out, and returning the
land to the R-3 District would create greater flexibility in expanding the fire station.
City of Brookings
February 28, 2012
60
First Readings**
13. Ordinance No. 06-12, an Ordinance for an application for a
Conditional Use Permit to establish a Major Home Occupation
(portrait studio) on Lot 8, Block 8, Morehouse Addition (819 9th
Avenue).
Public Hearing: March 27th
**No vote is taken on the first reading of an Ordinance. The title of the
Ordinance is read and the date for the public hearing is announced.
Applicant: Greg and Katherine Heiberger
Proposal: Establish a major home occupation
Background: This property is located in an older neighborhood. The house was built in
1916. The lot is adjacent to an alley on the south and west sides. A previous owner
acquired a home occupation permit to operate a manicure business in the early 1990s.
The current owner purchased the home in 2005 and in 2011, converted the home into
a two-family dwelling.
Specifics: The applicant lives on the main and second story of the house. The room
layout shown on the site plan is the main floor. There is an office proposed in the front
“porch” area and a studio in the southwest corner. An apartment is located in the
basement.
Parking is shown in the garage (2) and on the driveway and adjoining parking pad (4).
Based on criteria in the zoning ordinance, we would only approve five (5) parking spaces
with the design shown, and all parking spaces would have to be hardsurfaced. A more
functional parking plan would have the parking spaces perpendicular to the alley. This
would require an existing fence to be shifted north into the rear yard. Another option
would be to establish parking off the north/south alley. Two (2) aerials are attached
showing the property.
Recommendation: The Planning Commission voted 7 yes and 0 no to recommend
approval of the conditional use with the following conditions:
1. The conditional use shall only be granted to Greg and Katherine Heiberger
2. A revised site plan showing six (6) on-premise parking spaces shall be required
City of Brookings
February 28, 2012
61
Ordinance No. 06-12
An Ordinance pertaining to an application for a Conditional Use for a Major Home
Occupation within the City of Brookings
Be it ordained by the governing body of the City of Brookings, South Dakota:
Section 1. That said Conditional Use shall be approved for a Major Home Occupation to
establish a portrait studio on Lot 8, Block 8, Morehouse Addition with the following conditions:
1. The conditional use shall be granted only to Greg and Katherine Heiberger
2. A revised site plan showing six (6) on-premise parking spaces shall be required
Section 2. All sections and ordinances in conflict herewith are hereby repealed.
First Reading February 28, 2012
Second Reading March 27, 2012
Published
CITY OF BROOKINGS
________________________________
Tim Reed, Mayor
ATTEST:
___________________________
Shari Thornes, City Clerk
City of Brookings
February 28, 2012
65
Planning Commission
Brookings, South Dakota
February 7, 2012
OFFICIAL MINUTES
Chairperson Wayne Avery called the regular meeting of the City Planning Commission
to order on February 7, 2012, at 7:00 PM in the Council Chamber at City Hall. Members
present were Hal Bailey, Mike Cameron, Donna DeKraai, Greg Fargen, Al Heuton, John Sydow,
and Avery. Alan Gregg and John Gustafson were absent. Also present were Kate and Greg
Heiberger, Mary Bibby, Carol Klug, Cindy Swinson, City Engineer Jackie Lanning, Community
Development Director Mike Struck, Planning and Zoning Administrator Dan Hanson and
others.
Item #5 – Greg and Katherine Heiberger have submitted an application for a conditional use
to establish a major home occupation for a portrait studio on Lot 8, Block 8, Morehouse
Addition.
(Bailey/Cameron) Motion to approve the conditional use.
(Cameron/DeKraai) Amendment to the motion to add the following condition
The conditional use shall be granted to Greg and Katherine Heiberger only.
(Heuton/Cameron) Amendment to the amendment to add the following condition
A revised site plan showing six on-premise parking spaces shall be required.
The amendment was voted on. All present voted aye. AMENDMENT CARRIED.
The amended amendment was voted on. All present voted aye. AMENDMENT CARRIED.
The motion, as amended, was voted on. All present voted aye. MOTION CARRIED.
SUMMARY OF DISCUSSION
Item #5 – Kate Heiberger stated she wanted to operate a small, part-time photography studio.
She anticipated about two to three (2-3) customers per week with the peak season running
from late fall to early spring. Customers would park off the alley.
Mary Bibby, 822 8th Avenue, did not have a problem with the home occupation but was
concerned about adequate parking. She noted that adjoining houses have many tenants with
cars, and street parking was at a premium. Carol Klug, 816 8th Avenue, concurred with Bibby.
Cindy Swinson, 816 9th Avenue did not feel the Heiberger’s site plan was to scale because it
showed more vehicles than could actually be accommodated on-site.
City of Brookings
February 28, 2012
66
DeKraai asked if the two-wheel trailer that was parked on the lot would be moved.
Heiberger replied no. Fargen asked how many spaces would be required on the lot. Hanson
replied six (6); four (4) spaces for the duplex and two (2) for the home occupation. Heuton was
concerned with the parking plan and asked if a modified plan could be designed. Greg Heiberger
stated that he rented to international students who did not drive. In addition, the home
occupation would be a small operation. He was not inclined to tear up his backyard for more
parking because he wanted the lot to still look residential. Hanson noted that parking spaces
are only counted if they meet specific parking standards, and the Heiberger site plan had only
five (5) spaces that could meet the city’s standards.
City of Brookings
February 28, 2012
67
MAJOR HOME OCCUPATION REGULATIONS
50.70.220*
Home Occupations. The City of Brookings recognizes the need for some citizens to use
their place of residence for limited nonresidential activities. However, the City believes that
the need to protect the integrity of its residential districts is the primary concern. A Zoning
and Use Registration Permit and a Conditional Use Permit are the methods used to allow and
regulate nonresidential activity within a residential district.
The objective of these permits is to allow a limited commercial type activity in a residential
district only to an extent that neighbors or passersby will not be aware of the activity by any
outward appearance or may be aware of the occupation by the existence of a sign or additional
traffic. It is therefore necessary to categorize home occupations as minor home occupations
and major home occupations.
D. Major Home Occupation. A major home occupation shall be allowed upon a premise
provided the occupation complies with the following:
1. The occupation shall be conducted entirely within the principal or accessory building
2. The occupation is clearly incidental and secondary to the principal use of the dwelling
unit for residential purposes.
3. The occupation shall not occupy more than fifty (50) percent of the gross floor area of
one story.
4. Residents of the dwelling unit and one non-resident may be employed or participate in
the home occupation.
5. Signs shall be permitted according to the regulations for residential signs in the sign
ordinance.
6. There shall be no exterior display, exterior storage or other exterior indication of the
home occupation except for a sign.
7. No occupation shall require substantial internal or external alterations or involve
construction features not customary in a dwelling unit.
8. Limited quantities of goods, products or materials associated with the home occupation
shall be permitted to be stored on the premises. Storage within a garage shall not
displace parking spaces required by this ordinance.
9. Toxic, explosive, flammable, combustible, corrosive, radioactive or other restricted
materials are prohibited.
10. Any process or activity which causes offensive odors, dust, glare, noise, smoke, heat or
vibration detectable to the normal senses off the property and any equipment or process
which creates visible or audible interference in radio or television receivers shall be
prohibited.
11. Two on-premise parking spaces, in addition to those required for the dwelling unit, shall
be provided for the home occupation.
12. There shall not be conducted on the premises the business of selling stocks of
merchandise, supplies or products provided that limited retail sales directly related to
the home occupation may be sold to clients.
13. No more than one home occupation shall be permitted within any single-family dwelling.
14. Major home occupations that attract customers, clients or other individuals to the
premises for sales or services shall not be allowed in an apartment building.
City of Brookings
February 28, 2012
70
Second Readings / Public Hearings
14. Public hearing and action on a Temporary Liquor License for the
Brookings Volunteer Firefighter’s Association Annual Fireman’s
Dance to be held on July 28, 2012 in the 300 block of Main
Avenue.
City Council action is required to approve a temporary liquor license to
the Brookings Firemen’s Association for the Annual Firemen’s Dance to be
held on July 28, 2012. The 300 block of Main Avenue would be closed off
for the event. All required documents have been filed with the City
pertaining to insurance and other licensing requirements. Staff
recommends approval.
Public Hearing
Sale of Alcoholic Beverages
NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota, will hold a
public hearing at 6:00 p.m., Tuesday, February 28, 2012, in City Hall, 311 Third Avenue, to
consider an application for a temporary liquor license to operate within the City of Brookings,
South Dakota for the Brookings Volunteer Firefighter’s Association Annual Fireman’s Dance to be
held on July 28, 2012 in the 300 block of Main Avenue. At which time and place all persons
interested will be given a full, fair and complete hearing thereon.
Dated at Brookings, South Dakota, this 17th day of February, 2012.
Shari Thornes, City Clerk
City Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City of Brookings
February 28, 2012
71
Second Readings / Public Hearings
15. Public hearing and action on Ordinance No. 02-12, An Ordinance
Establishing Business Improvement District Number 1 of the City
of Brookings, South Dakota.
Business Improvement Districts are the means provided by State law which
allows municipalities to implement the occupational tax on occupied hotel rooms.
Ordinance No. 02-12 establishes Business Improvement District Number One
(1) in the City of Brookings and encompasses all hotels and motels with twenty-
five (25) or more rooms. The Ordinance allows the City of Brookings to
implement the $2.00 occupational tax on occupied hotel and motel rooms. The
occupational tax is paid by transient guests to the hotel or motel and remitted
directly to the City of Brookings. Two exemptions to the occupational tax are
identified: 1) Complimentary Rooms, 2) Extended Stays - transient guest stays 28
or more consecutive nights.
The purpose of the District is to help fund a portion of the costs of promotion
and marketing of visitor facilities, events, attractions and activities which benefit
the City and the hotels/motels within the District. It is the goal of the Business
Improvement District Board of Directors to utilize the funds in a manner to
increase the non-peak overnight stays in the community.
The implementation of the occupational tax is scheduled to begin on May 1,
2012. The hotels/motels requested advanced notice of the implementation
schedule to allow time for any software upgrades as well as ensuring the
occupational tax is included on any contract proposals.
Pursuant to SDCL 9-55-8, a public hearing has been scheduled for February 28,
2012 at 6:00 pm. Notice of the hearing was mailed to the owner of the taxable
property as well as the occupant of each address located in the proposed district
thirty (30) days prior to the public hearing.
A timeline of the steps to create a business improvement district are provided
for your reference. The action items in black have been completed and items in
red are proposed dates.
City Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City of Brookings
February 28, 2012
72
Ordinance No. 02-12
An Ordinance Establishing Business Improvement District Number 1
of the City of Brookings, South Dakota.
Be It Ordained And Enacted By The Council Of The City Of Brookings, State Of South Dakota,
As Follows:
I.
Section 1. Establishment of the District.
There is hereby created, pursuant to SDCL Chapter 9-55, “Brookings Business Improvement
District Number 1” (hereinafter also referred to as the “District”) of the City. A Resolution of
Intent to create this district was approved by the City Council on January 24, 2012. A public
hearing on the creation of Business Improvement District Number 1 was held in the City
Council Chambers located at 311 – 3rd Avenue, Brookings, S.D. at 6:00 p.m. on Tuesday,
February 28, 2012.
Section 2. Boundaries of the Business Improvement District.
Business Improvement District Number 1 is a noncontiguous district, located within the City,
and excludes any hotel, motel or lodging establishments with less than 25 rooms, unless the
hotel or motel elects to be included within the District.
Business Improvement District Number 1 includes the following properties:
CURRENT NUMBER
HOTEL ADDRESS OF ROOMS
Comfort Inn 514 Sunrise Ridge Road 52
Days Inn 2500 E. 6th Street 125
Fairfield Inn & Suites by Marriot 3000 LeFevre Drive 76
Hampton Inn & Suites 3017 LeFevre Drive 87
Holiday Inn Express 3020 LeFevre Drive 62
Sonshine Inn 108 – 6th Street 35
Staurolite Inn & Suites 2515 E. 6th Street 102
Super 8 3034 LeFevre Drive 66
Section 3. Voluntary Participation.
Business Improvement District Number 1 will permit hotels and motels with less than 25
rooms to be included in the District if they elect to be included.
Section 4. New Properties within the District.
Business Improvement District Number 1 may be expanded to also include all hotels or motels
with 25 rooms or more which are constructed after the creation of the District.
Section 5. Purpose of the District.
Business Improvement District Number 1 is created for the purpose of funding a portion of the
costs of promotion and marketing of visitor facilities, events, attractions and activities which
benefit the City and the hotels and motels located within the District. The funding may include
City of Brookings
February 28, 2012
73
payment of the costs of acquisition, construction, maintenance, operation and funding of public
improvements, facilities for the enhancement, expansion, marketing, and promotion of visitor
facilities, events, attractions and activities.
Section 6. Occupational Tax Imposed.
An occupational tax in the amount of Two Dollars ($2.00) per night is hereby imposed upon
transient guests, based upon rooms rented by any of the hotels, motels or lodging
establishments within the District. This occupation tax shall be fair, equitable and uniform as to
class. No occupational tax may be imposed on any transient guest who has been offered a
room by a lodging establishment on a complimentary basis whereby no fee or rent is charged
for such room. Additionally, no occupational tax may be imposed on any transient guest who
stays 28 or more consecutive nights. This tax rate may be adjusted by the City Council in
accordance with SDCL § 9-55-16.
Section 7. Duty to Account for Complimentary and Lease Rooms.
Each hotel, motel or lodging establishment shall account for complimentary or leased rooms
which are also subject to audit by the City, with records showing the reason rooms were
provided on a complimentary basis or for a period of 28 days or more.
Section 8. Computation and Collection of Occupation Tax.
The City Finance Manager is authorized to determine and compute the tax in accordance with
this ordinance. The occupational tax assessed pursuant to this ordinance shall be remitted by
the 20th day of each month to the City, based on the previous calendar-month tax collections.
The City Finance Manager or their designee shall be authorized to audit the books, ledgers, or
franchise reports of any hotel, motel or lodging establishment subject to the terms of this
ordinance, including the right to inspect daily reports of such hotels and motels so as to ensure
that any occupancy tax is properly remitted to the City. The City may seek injunctive relief
against any hotel, motel or lodging establishment which does not remit the proper amount of
tax monies when due. Each hotel, motel or lodging establishment subject to this ordinance shall
keep accurate records of amounts collected from transient guests for review by the City
Finance Manager or their designee.
Section 9. Certified Report Required Along with Occupation Tax Payment.
Any business governed by this ordinance shall certify with the remittance of tax imposed by this
ordinance that the accounting of rooms rented is accurate and the tax payment made is
accurate according to the business records.
The foregoing report shall include the signature of a person authorized to make such statement
on behalf of the business, with the person certifying the report to include their capacity to
make the certification on behalf of the business.
Section 10. Failure to Pay Occupational Tax.
All remittances of occupancy tax collected pursuant to this ordinance shall be due and received
in the office of the City Finance Manager on or before the 20th day of the month following the
month for which the occupancy tax was collected. All amounts that are not received on or
before the 20th day of the month will be charged a late fee in the amount of ten percent of the
City of Brookings
February 28, 2012
74
total amount due. Failure to timely remit the occupancy tax shall constitute a violation of this
ordinance.
The City Finance Manager shall certify all unpaid amounts or balances to the county treasurer
for collection in the same manner as general property taxes are collected. Further, the City
shall have the ability to deny the issuance of permits or licenses or any renewals thereof to any
business or premise that fails to conform to the provisions of this ordinance, including, but not
limited to, building permits, malt beverage licenses and liquor licenses. Nothing [within] the
body of this ordinance shall be construed as limiting any other rights which the City has, or may
pursue in seeking collection of monies received but not paid under the terms of this ordinance.
In the event that this tax becomes subject to supervision by the state through the State’s
Department of Revenue, any rights which the City has herein shall be deemed cumulative to
any powers which inure to the benefit of the State.
Section 11. Payment of Fees.
In the event legal action is required to collect any delinquent assessments, if there is tax that
has not been paid in accordance with this ordinance, the hotel, motel or lodging establishment
failing to pay will be responsible for and pay all attorney’s fees and costs incurred by the City in
collecting the unpaid tax.
Section 12. Costs Incurred by City in Administering Occupational Tax.
All costs of administration of the District which are incurred by the City shall be paid from
occupancy taxes collected under this ordinance. The administration costs shall not exceed two
(2) percent of the tax collected, with the balance of tax collected paid to the District, to be
administered by the District’s Board of Directors.
Section 13. Use of Occupational Tax Proceeds by Brookings Business Improvement District
Number 1.
Brookings Business Improvement District Number 1 Board of Directors will use the proceeds
only for improvements benefiting the City and its hotels and motels located within the District
through implementation of a budget recommended by the District Board of Directors and
approved by the City Council.
Section 14. Reporting.
Business Improvement District Number 1 will provide an annual report to the City Council.
Quarterly reports will be provided upon written request from the City Council.
Section 15. Audit.
Brookings Business Improvement District Number 1 shall submit to a biennial audit by a
Certified Public Accountant. A copy of the audit report shall be provided to the City Finance
Office upon completion.
Section 16. Severability.
Should any section, clause or provision of this ordinance be declared invalid, the same shall not
affect the validity of the ordinance as a whole or any part thereof, other than the part declared
to be invalid.
City of Brookings
February 28, 2012
75
Section 17. Effective Date.
This ordinance is effective on May 1, 2012.
II.
All ordinances in conflict herewith are hereby repealed.
First Reading: February 14, 2012
Second Reading and Adoption: February 28, 2012
Published:
CITY OF BROOKINGS, SOUTH DAKOTA
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
City of Brookings
February 28, 2012
76
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.
January 10, 2012 Board of Directors recommends plan for improvements in the district to
City Council. SDCL 9-55-5.
January 24, 2012 City Council adopts resolution of intent to create business improvement
district. SDCL 9-55-7. (Resolution of Intent to Establish BID)
January 25, 2012 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.
February 28, 2012 Public Hearing and adoption of ordinance establishing the business
improvement district. SDCL 9-55-10 – 9-55-12. (Brookings Business
Improvement District Ordinance)
March 2, 2012 Publish Notice of Adoption of Ordinance
March 23, 2012 Effective Date of Ordinance
City of Brookings
February 28, 2012
84
Second Readings / Public Hearings
16. Action to approve Ordinance No. 03-12, an Ordinance
authorizing a Supplemental Appropriation to the 2012 Budget for
the purpose of providing for additional funds for the operation of
the city
To: Mayor and City Council Members
From: Jeffrey W. Weldon, City Manager
Subject: 2012 Budget Amendment #1
Budget Amendment #1 for 2012 makes several amendments associated with carrying
forward funds from 2011 for projects being done or completed in 2012. Amendment
#1 is the process that allows the expenditures of the 2011 assigned balances per my
previous communication.
In addition, we are adding two projects not completed in 2011 to 2012. Twenty-fifth
(25th) Avenue and 32nd Avenue are being added to 2012. Twenty-fifth (25th) Avenue will
be paid back through the Special Assessment Fund. Thirty-Second (32nd) Avenue has
two funding sources and will be paid back through the Special Assessment Fund and tax
increment.
We budgeted for an increase in our health insurance premiums; however, we were able
to provide our health insurance with a zero increase in 2012. This reduction in expense
is being shifted to non-departmental, general government buildings, furniture and
equipment.
The amendment increases revenues by recognizing grant revenue and other revenue not
anticipated when preparing the budget. I am amending the City Clerk’s budget because
in 2010 and 2011 grant pass through dollars were received from a Preserve America
Grant through the National Park Service for the State Historical Preservation Center.
In 2012 it is necessary to pay these Grant awards out in the amount of $47,071.42.
I will be preparing an additional budget amendment later when more information is
available about Tax Increment District #5 and the debt service needed within the Public
Improvement Fund.
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City of Brookings
February 28, 2012
85
Ordinance No. 03-12
An Ordinance entitled “An Ordinance Authorizing a Supplemental Appropriation
to the 2012 Budget for the purpose of providing for additional funds for the
operation of the City.”
Be It Ordained by the City of Brookings, South Dakota:
Whereas, the 2011 assigned fund balances were established for specific purposes in 2012,
Whereas, there is a need to recognize grant revenues and reimbursements which where
unanticipated,
Whereas, it is necessary to pay the pass through grant dollars to the State Historical
Preservation Center,
Whereas, the 25th Avenue and 32nd Avenue need to be completed in 2012,
Whereas, there is a need to replace the underground tank and monitoring system at the Street
Department,
Whereas State Law (SDCL 9-21-7) and the City Charter (4.06 (a) permit supplemental
appropriations provided there are sufficient funds and revenues available to pay the
appropriation when it becomes due,
Now, Therefore, Be It Resolved by the City Council that the City Manager be authorized to
make the following budget adjustments to the 2012 budget:
Budget Amendment #1
Revenue Expense
Policy & Adm-City Coucil, City Clerk, City Manager 43,707
Financial Adm-Finance, Human Res (4,214)
Other-Non-Dept, Gen Gov Buildings, IT 3,846 94,475
Public Safety-Police, Fire, Animal Control 44,621 84,273
Public Works-Comm Dev, Engineer, Street 25,000 86,299
Culture & Recreation-Park, Rec, Forestry, Library 8,260 20,451
Total General Government 81,727 324,991
75% Public Improvement 800,000
E-911 8,368
Swiftel Center 135,994
Special Assessment 800,000 1,200,000
Storm Drainage (2,773)
Total Special Revenue 800,000 2,141,589
Gateway Project 584,349
Total Capital Projects 584,349
Liquor Fund (8,215)
City of Brookings
February 28, 2012
86
Airport Fund (1,751)
EdgeBrook Golf Course (3,995)
Solid Waste Collection (19,762)
Landfill (10,457)
Total Enterprise Funds 44,180
All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
First Reading: February 14, 2012
Second Reading: February 28, 2012
Published: March 2, 2012
CITY OF BROOKINGS
_________________________
Tim Reed, Mayor
ATTEST:
____________________________
Shari Thornes, City Clerk
Page 1
Budget Ordinance No. 03-12
Amendment #2
Feburary 14, 2012 By Function Amended
Account Number Department Description Detail Budget Budget
101-401-5-123-00 City Council Group Ins Premium Disb $170 $148 -$22
101-403-5-123-00 City Clerk Group Ins Premium Disb $33,156 $29,978 -$3,178
101-403-5-428-57 City Clerk PE Historic Grant Pass Thru $0 $47,071 $47,071
101-406-5-123-00 City Manager Group Ins Premium Disb $5,543 $5,379 -$164
Policy & Adm Expenses $43,707
101-414-5-123-00 Human Resources Group Ins Premium Disb $19,362 $18,781 -$581
101-415-5-123-00 Finance Group Ins Premium Disb $37,624 $33,991 -$3,633
Financial Adm Expenses -$4,214
101-000-4-446-08 Reimbursed Expense Avera refund 2011 Wellness $0 $3,846 $3,846
Other & Nondepartmental Revenue $3,846
101-405-5-856-62 Non-Departmental Promotion Wellness $10,000 $13,846 $3,846
101-416-5-123-00 Information Tech Group Ins Premium Disb $4,492 $3,982 -$510
101-416-5-950-01 Information Tech Computer Supplies Switches, drives,etc $4,000 $7,500 $3,500
101-416-5-940-19 Other Capital General Fund Pictometry $1,000 $3,685 $2,685
101-417-5-920-00 Gen Gov Buildings Furniture & Eqp New Bldg,Filing System, F& $0 $84,954 $84,954
Other & Nondepartmental Expense $94,475
101-421-4-334-09 Police Department Grant Remodel $81,448 $99,448 $18,000
101-422-4-334-06 Fire Department Grants Mobil Equipment $0 $26,621 $26,621
Public Safety Revenue $44,621
101-421-5-123-00 Police Group Ins Premium Disb $371,488 $335,948 -$35,540
101-421-5-911-00 Police Buildings City Hall $300,000 $364,603 $64,603
101-422-5-123-00 Fire Group Ins Premium Disb $34,474 $33,437 -$1,037
101-422-5-920-00 Fire Equipment Mobil Equipment $144,000 $170,621 $26,621
101-422-5-911-00 Fire Buildings Training Center $750,000 $780,000 $30,000
101-442-5-123-00 Animal Control Group Ins Premium Disb $12,316 $11,942 -$374
Public Safety Expense $84,273
101-419-4-223-01 Engineering Building Permits $75,000 $100,000 $25,000
Public Works Revenue $25,000
101-418-5-123-00 Community Develop Group Ins Premium Disb $46,446 $44,973 -$1,473
101-418-5-960-00 Community Develop Street Improve 32nd Ave $690,000 $775,000 $85,000
101-419-5-123-00 Engineering Group Ins Premium Disb $57,992 $56,219 -$1,773
101-431-5-123-00 Street Group Ins Premium Disb $110,630 $102,406 -$8,224
101-431-5-920-00 Street Equipment Underground Tank $0 $12,769 $12,769
Public Works Expense Monitoring System $86,299
101-451-4-334-09 Recreation Grant Wellness/Groomer $0 $8,260 $8,260
Culture & Recreation Revenue $8,260
101-449-5-123-00 Aquatic Center Group Ins Premium Disb $6,836 $7,219 $383
101-451-5-123-00 Recreation Group Ins Premium Disb $9,140 $15,474 $6,334
101-452-5-123-00 Parks Group Ins Premium Disb $91,378 $89,445 -$1,933
101-452-5-426-10 Parks Gasoline Move to Ice Arena $32,000 $29,500 -$2,500
101-452-5-920-00 Parks Equipment Lions Park $0 $12,325 $12,325
101-452-5-930-00 Parks Equipment Groomer $141,500 $154,071 $12,571
101-453-5-123-00 Larson Ice Arena Group Ins Premium Disb $13,797 $14,037 $240
101-453-5-426-10 Larson Ice Arena Gasoline From Parks $0 $2,500 $2,500
101-454-5-123-00 Forestry Group Ins Premium Disb $35,478 $27,751 -$7,727
101-455-5-123-00 Library Group Ins Premium Disb $65,642 $63,900 -$1,742
Culture & Recreation Expense $20,451
Total General Fund Revenue $81,727
Total General Fund Expense $324,991
Page 2
Budget Ordinance No. 03-12
Amendment #2
Feburary 14, 2012 By Function Amended
Account Number Department Description Detail Budget Budget
213-000-7-899-29 Transfer Out 75% P&I Fd Transfer to Spec Assmnt 25th Avenue $0 $800,000 $800,000
Public Improvement Fund $800,000
214-000-5-123-00 E-911 Group Ins Premium Disb $68,835 $58,541 -$10,294
214-000-5-911-00 E-911 Building Dispatch Remodel $0 $18,662 $18,662
E-911 Expense $8,368
224-000-5-940-01 Swiftel Center Capital 2011 bal forward $338,500 $474,494 $135,994
Swiftel Center Expense $135,994
280-000-6-700-20 Transfer Transfer in 75% S&U 25th Avenue $0 $800,000 $800,000
Special Assessement Revenue $800,000
280-0005-960-00 Special Assessement Reven Street Improvement 25th Avenue $0 $800,000 $800,000
280-0005-960-00 Special Assessement Reven Street Improvement 32nd Avenue $380,000 $780,000 $400,000
Special Assessement Expense $1,200,000
282-000-5-123-00 Storm Drainage Group Ins Premium Disb $11,577 $8,804 -$2,773
Storm Drainage Expense -$2,773
520-000-5-428-04 Gateway Street Lights Move to 2013 $105,000 $0 -$105,000
520-000-5-940-00 Gateway Other Capital 2011 forward $157,500 $846,849 $689,349
Liquor Expenses $584,349
601-000-5-123-00 Liquor Group Ins Premium Disb $59,426 $44,211 -$15,215
601-000-5-920-00 Liquor Equipment Computer $3,000 $10,000 $7,000
Liquor Expenses -$8,215
606-000-5-123-00 Airport Group Ins Premium Disb $17,936 $16,185 -$1,751
Airport Expenses -$1,751
607-000-5-123-00 Edgebrook Group Ins Premium Disb $29,960 $25,965 -$3,995
Edgebrook Expenses -$3,995
612-000-5-123-00 Solid Wast Collections Group Ins Premium Disb $72,749 $52,987 -$19,762
Solid Waste Expenses -$19,762
625-000-5-123-00 Landfill Group Ins Premium Disb $88,914 $78,457 -$10,457
Landfill Expenses -$10,457
City of Brookings
February 28, 2012
89
Second Readings / Public Hearings
17. Public hearing and action on Resolution No. 37-12, a Resolution
Levying Assessment for Sidewalk Assessment Project No. 2010-
01SWR (2010 Sidewalk Repair Sites).
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 as well as landowner sidewalks causing trip hazards. Resolution No.
65-10 authorized the sidewalk assessment project. The project was
completed in 2011 and the final change order has been approved. The
resolutions to prepare the assessment roll and fix the date for the hearing
have been approved and the assessment is ready to be levied. The
assessment cost for each landowner is calculated by using their specific
sidewalk cost plus the 6% engineering and administration fee. Each
landowner was mailed a copy of the assessment roll showing the cost for
each property and a notice of this hearing. The assessment roll gives each
owner a breakdown in cost showing sidewalk, curb stop replacement, and
concrete sawing. This resolution will levy the assessment and authorize the
Finance Office to send each owner a bill for the repairs and the payments
will be recovered into the assessment fund.
City Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City of Brookings
February 28, 2012
90
Resolution No. 37-12
Levying Assessment for Sidewalk Assessment Project No. 2010-01SWR
(2010 Sidewalk Repair Sites)
Whereas, the City Council has provided for sidewalk repair work to be completed under
Project No. 2010-01SWR (2010 Sidewalk Repair Sites).
Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows:
1. The City Council has made all investigation and authorized Resolution No. 65-10,
which deems the work necessary and has found and determined that the amount
which each lot or tract will be benefited by the construction of the sidewalk
improvement heretofore designated as Sidewalk Assessment Project No. 2010-
01SWR is the amount stated in the proposed assessment roll.
2. The assessment for Sidewalk Assessment Project No. 2010-01SWR is hereby
approved and the assessment thereby specified are levied against each and every lot,
piece or parcel of land thereby described.
3. Such assessments, unless paid within thirty (30) days after the date of mailing of a
statement of account by the City, shall be collected by the City in accordance with
the procedure for Plan One in Sections 9-43-30 to 9-43-41, South Dakota Compiled
Laws of 1967, as amended with interest of 10% on the unpaid balance.
4. Assessments amounting to less than $300.00 shall be paid in one payment.
Passed and approved this 28th day of February 2012.
CITY OF BROOKINGS
________________________________
Tim Reed, Mayor
ATTEST:
___________________________
Shari Thornes, City Clerk
City of Brookings
February 28, 2012
95
Second Readings / Public Hearings
18. Public hearing and action on Resolution No. 38-12, a Resolution
Levying Assessment for Sidewalk Assessment Project No. 2011-
01SWR (2011 Sidewalk Repair Sites).
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 as well as landowner sidewalks causing trip hazards. Resolution No.
78-11 authorized the sidewalk assessment project. The project was
completed in 2011 and the final change order has been approved. The
resolutions to prepare the assessment roll and fix the date for the hearing
have been approved and the assessment is ready to be levied. The
assessment cost for each landowner is calculated by using their specific
sidewalk cost plus the 6% engineering and administration fee. Each
landowner was mailed a copy of the assessment roll showing the cost for
each property and a notice of this hearing. The assessment roll gives each
owner a breakdown in cost showing sidewalk, curb stop replacement, and
concrete sawing. This resolution will levy the assessment and authorize the
Finance Office to send each owner a bill for the repairs and the payments
will be recovered into the assessment fund.
City Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City of Brookings
February 28, 2012
96
Resolution No. 38-12
Levying Assessment for Sidewalk Assessment Project No. 2011-01SWR
(2011 Sidewalk Repair Sites)
Whereas, the City Council has provided for sidewalk repair work to be completed under
Project No. 2011-01SWR (2011 Sidewalk Repair Sites).
Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows:
5. The City Council has made all investigation and authorized by Resolution No. 78-11,
which deems the work necessary and has found and determined that the amount
which each lot or tract will be benefited by the construction of the sidewalk
improvement heretofore designated as Sidewalk Assessment Project No. 2011-
01SWR is the amount stated in the proposed assessment roll.
6. The assessment for Sidewalk Assessment Project No. 2011-01SWR is hereby
approved and the assessment thereby specified are levied against each and every lot,
piece or parcel of land thereby described.
7. Such assessments, unless paid within thirty (30) days after the date of mailing of a
statement of account by the City, shall be collected by the City in accordance with
the procedure for Plan One in Sections 9-43-30 to 9-43-41, South Dakota Compiled
Laws of 1967, as amended with interest of 10% on the unpaid balance.
8. Assessments amounting to less than $300.00 shall be paid in one payment.
Passed and approved this 28th day of February 2012.
CITY OF BROOKINGS
_____________________________
Tim Reed, Mayor
ATTEST:
____________________________
Shari Thornes, City Clerk
City of Brookings
February 28, 2012
100
Second Readings / Public Hearings
19. Public hearing and action on Resolution No. 39-12, a Resolution
for Proposed Street Assessment Project 2012-02STA, 32nd
Avenue.
The City has initiated the 32nd Avenue Street Project, which is located between the
South Dakota Newspaper Association and Highway 14 Bypass, and is approximately
2,500 feet long. The street is being designed by Banner Associates and is proposed to
be 41 feet wide to include curb and gutter, grading, gravel, drain tile, storm sewer, a
detention pond for the west portion of the Foster Addition, and asphalt base bid with a
bid alternate for concrete pavement.
This project has 4,958.80 frontage feet, with four private property owners on the north
end of the project and the City of Brookings frontage in the Foster Addition. (See
attached property owner list and map). Jackie Lanning, City Engineer, and Brad
Wermers of Banner Associates met in person with three of the property owners, and
by conference call with Mr. Thelen who does not live in the area. They described the
project, reviewed the plan sheets, driveway questions, access, and assessment
procedure. A letter was also mailed to each property owner outlining the estimated
costs for the project.
Background on Arterial and Collector Street Policy:
This street is designated as a minor collector on the Brookings Major Street Plan
(attached). Resolution No. 96-10 outlines the current policy for arterial and collector
streets. Under this policy, the City will assume and pay for all street construction costs
for major and minor arterial streets, which are shown in red on the attached map.
Abutting property owners pay for the costs of collector streets, and the City pays for
extra width and thickness on the collector streets, which are shown in green.
Collector streets can be constructed by the City if there are different property owners
on each side of the street. After the construction is completed, the City will assess the
property owners the cost to construct the street and the City will pay the extra width
and thickness costs. In some instances, the City has paid for collector streets when the
City owned both sides of the street, such as 32nd Avenue between Prince Drive and 8th
Street South. The below collector streets were recently built by the city and assessed
to the property owners:
15th Street South east of Medary Avenue
Western Avenue South south of 8th Street South
12th Street South east of 17th Avenue South
Other collector streets were paid for by developers since they owned both sides of the
street:
17th Avenue South in Bluegill Addition
7th Avenue South in McClemans Addition
City of Brookings
February 28, 2012
101
Larkspur Ridge Drive in Moriarty Heights Addition
Recent Arterial Streets which were paid for by the City as per the attached policy:
34th Avenue between Prince Drive and Highway 14 Bypass
20th Street between Main Avenue and 22nd Avenue
Assessment Information for this project
The City has calculated the estimated costs of the extra width and thickness, drain tile,
and the Foster Addition detention pond. The estimated street assessment costs are as
follows:
Total project front footage: 4,958.80 feet
Total estimated project construction cost including design fees: $1,173,677.00
Estimated City cost for extra width & thickness, drain tile, & detention pond: $397,730.00
Estimated total assessment cost to property owners including City frontage: $700,550.00
Estimated cost per front foot: $141.29
Estimated driveway cost: $52.00 per SY
(each property owner pays for their own driveways)
Water and Sanitary Sewer Facility Charges:
The frontage owners for this project are also subject to water and sanitary sewer facility
charges (see attached map). BMU installed water and sanitary sewer along 32nd Avenue,
and property owners will be required to pay facility charges at the time they tap into
either the water or sanitary sewer mains. Currently, the businesses are serviced by
rural water but may need to access the water main if the water use requires a larger
size. The water and sanitary sewer facility charges are as follows:
Water main: $8.28 per front foot
Sanitary sewer main: $9.98 per front foot
The City is following South Dakota state statutes for assessments for this project. The
attached Resolution and a Notice of Hearing was mailed to each property owner by
return receipt certified mail 15 days prior to the public hearing. The resolution outlines
the proposed cost and interest rate, which is proposed to be 10% on the unpaid
balance. The public may speak for or against the project at that time. Approval of the
Resolution will authorize the Engineering Department to proceed with the project and
schedule it for bid letting.
City Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City of Brookings
February 28, 2012
102
Resolution No. 39-12
Proposed Street Assessment Project 2012-02STA, 32nd Avenue
Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows:
The City Council of the City of Brookings hereby declares the necessity of construction of the
streets of the City as follows:
Water/sewer services, storm sewer, grading, curb and gutter, gravel basecourse and asphalt for
a total street width of forty one (41) feet for collector streets as listed below:
Collector Street: 32nd Avenue from Highway 14 Bypass to the south approximately
2,480 feet.
1. The general nature of the improvement is above set forth and reference for
details is hereby made to the drawings and specifications prepared by the City
Engineer and on file with the City Clerk.
2. The material to be used is concrete for curb and gutter and the following
materials for paving of the street:
Two inch (2”) asphalt surface course on a four inch (4”) asphalt base
course on twelve (12) inches of crushed gravel for a forty one (41’) foot
wide collector street.
3. The improvement is substantially uniform. The estimated cost of curb and
gutter is $20.00 per linear foot of street or $10.00 per side of street.
The estimated cost for grading, storm drainage, six (6) inch crushed gravel base
course and six inch (6”) asphalt surfacing to be constructed to a width of 31 feet
back to back of curb, per linear foot of streets is $262.00 or $131.00 per side of
street. This is the estimated cost of a regular residential street and is the
estimated assessable cost for the street.
Therefore, the proposed estimated assessment per front foot of property is
$141.00.
As per City resolutions, the City will assume and pay, from the general funds, for
any extra thickness required in excess of that described for residential streets
and for the extra width in excess of 31 feet back to back of the curb. The City
will also assume and pay for drain tile and costs for the detention pond located
in the Foster Addition.
4. A description of classes of lots to be assessed is as follows:
The assessable lots and tracts of land lying within one-half block or three
hundred feet of the streets hereinabove described, whichever is less.
5. The method of apportionment of benefits is as follows:
City of Brookings
February 28, 2012
103
The cost thereof to be assessed against all assessable lots and tracts
of land according to the benefits determined by the governing body
to accrue to all such lots and tracts from the construction of the
improvement. The assessed amount includes a engineering and
administration costs. The interest to be charged on the unpaid
balance shall be 10%.
6. The above-described improvement shall be hereinafter referred to at Street
Improvement Project No. 2012-02STA, which shall be deemed a description of
the improvement of the streets as hereinabove set forth.
Passed and approved this 28th day of February, 2012.
CITY OF BROOKINGS
___________________________
Tim Reed, Mayor
ATTEST:
________________________
Shari Thornes, City Clerk
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City of Brookings
February 28, 2012
111
Second Readings / Public Hearings
20. Public hearing and action on Resolution No. 40-12, a Resolution
for Proposed Street Assessment Project 2012-09STA, 25th
Avenue and 10th Street.
The Brookings City Council discussed the future infrastructure improvements for 25th
Avenue and 10th Street and approved a Memorandum of Understanding (MOU) with
Den-Wil Development and Lloyd Companies at their September 13, 2011 City Council
Meeting. The MOU outlined conditions for the development, which included the
construction of 25th Avenue and 10th Street. The proposed streets are located east of
22nd Avenue and north of the Lowes/Wal-Mart area as shown on the attached map.
The street plans are being designed by Civil Design Inc. and 25th Avenue is proposed to
be 41 feet wide between 9th Street and 10th Street and 31 feet wide north of 10th Street.
Tenth Street will transition from its current width of 35 feet into 41 feet wide at the
intersection of 25th Avenue. The project will include curb and gutter, grading, gravel,
detention pond, asphalt pavement, and water and sanitary sewer mains and services.
This project has 2,610.30 frontage feet, with one property owner who is the Telkamp
Family Trust. Jackie Lanning, City Engineer and Civil Design Inc. staff have met with
Den-Wil Development during the design process and reviewed the plan sheets, water
and sanitary sewer layout, and assessment procedure.
Assessment Information for this project
The City has calculated the estimated costs of the extra width and thickness and the
estimated street assessment costs are as follows:
Total project front footage: 2,610.30 feet
Total estimated project construction cost including design fees: $601,213.00
Estimated City cost for extra width & thickness, drain tile & detention pond: $41,304.00
Estimated total assessment cost to property owners including City frontage: $559,909.00
Estimated cost per front foot: $214.50
The City is following South Dakota state statutes for assessments for this project. In
addition, this project will follow the stipulations in the Memorandum of Understanding
which outlines the conditions of the deferred assessment, which will be no later than
January 1, 2017. The assessment will be activated for any frontage parcel that is
developed earlier than the January 1, 2017 date. The conditions of the assessment will
be the standard interest rate of 10% and the assessment may be paid back over a 10-
year time frame. The conditions of the deferred assessment will also be referenced in
the Resolution to Levy the Assessment at the completion of the project.
The attached Resolution and a Notice of Hearing was mailed to the property owner by
return receipt certified mail 15 days prior to the public hearing. The resolution outlines
the proposed cost and interest rate which is proposed to be 10% on the unpaid balance.
City of Brookings
February 28, 2012
112
The public may speak for or against the project at that time. Approval of the Resolution
will authorize the Engineering Department to proceed with the project and schedule it
for bid letting.
City Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City of Brookings
February 28, 2012
113
Proposed Resolution No. 40-12
Proposed Street Assessment Project 2012-09STA, 25th Avenue & 10th Street
Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows:
The City Council of the City of Brookings hereby declares the necessity of construction of the
streets of the City as follows:
Water main, sewer main, water/sewer services, storm sewer, grading, curb and gutter, gravel
basecourse and asphalt for a total street width of forty one (41’) feet for collector streets and
thirty one (31’) feet for residential streets as listed below:
Collector Street: 25th Avenue from 9th Street to 10th Street
Residential Street: 10th Street from 25th Avenue to the west approximately 110 feet
Residential Street: 25th Avenue from 10th South to the north approximately 400 feet
1. The general nature of the improvement is above set forth and reference for
details is hereby made to the drawings and specifications prepared by the City
Engineer and on file with the City Clerk.
2. The material to be used is concrete for curb and gutter and the following
materials for paving of the street:
Two inch (2”) asphalt surface course on a three inch (3” ) asphalt base
course on twelve (12) inches of crushed gravel
3. The improvement is substantially uniform. The estimated cost of curb and
gutter is $25.00 per linear foot of street or $12.50 per side of street.
The estimated cost for water main, sewer main, water and sewer services,
grading, storm drainage, twelve inch (12”) crushed gravel base course and five
inch (5”) asphalt surfacing to be constructed is approximately $404.00 or
$202.00 per side of street.
Therefore, the proposed estimated assessment per front foot of property is
$214.50.
As per City resolutions, the City will assume and pay, from the general funds, for
any extra thickness required on collector streets in excess of that described for
residential streets and for the extra width in excess of 31 feet back to back of
the curb.
The cost of improvements to street intersections and the long side of corner
lots will be assessed to benefited properties. The cost of improvements will be
apportioned to all assessable lots and tracts of land lying within one-half block or
300 feet of the street being improved, whichever is less.
City of Brookings
February 28, 2012
114
4. A description of classes of lots to be assessed is as follows:
The assessable lots and tracts of land lying within one-half block or three
hundred feet of the streets hereinabove described, whichever is less.
5. The method of apportionment of benefits is as follows:
The cost thereof to be assessed against all assessable lots and tracts of land according to
the benefits determined by the governing body to accrue to all such lots and tracts from
the construction of the improvement. The assessed amount includes engineering and
administration costs. The interest to be charged on the unpaid balance shall be 10%.
6. The above-described improvement shall be hereinafter referred to at Street
Improvement Project No. 2012-09STA, which shall be deemed a description of
the improvement of the streets as hereinabove set forth.
Passed and approved this 28th day of February, 2012.
CITY OF BROOKINGS
_________________________
Tim Reed, Mayor
ATTEST:
_________________________
Shari Thornes, City Clerk
City of Brookings
February 28, 2012
116
Second Readings / Public Hearings
21. Public hearing and action on Resolution No. 41-12, a Resolution of
Intent to Lease Real Property (SDSU Airport Hangar).
The City is proposing to lease a parcel of land to SDSU at the Brookings Regional
Airport. SDSU will be purchasing the hangar and building located on Lot “X” on the
attached map, which is currently owned by Pheasants Fury. Pheasants Fury will still
provide the FBO services for the Brookings Airport and will be located in the same
building; however, they will rent their office space from SDSU. The sale date of the
property is anticipated to be February 29, 2012. However, it is contingent upon approval
by the State of South Dakota. The proposed lease of Lot “X” is approximately 13,589
square feet in size and located at the Brookings Regional Airport, in Section 26-T110N-
R50W in the City of Brookings, Brookings County, South Dakota.
Since this lease is in excess of $500 and 120 days, the City Council is required to hold a
public hearing to adopt a Resolution of Intent to lease real property to a private person,
which is referenced in the following SDCL excerpts:
9-12-5. Powers - Lease or transfer of property for public purposes.
Every municipality shall have power to lease or sell or give and convey any personal or
real property of the municipality or perform any work or render any services, to the
state or any public corporation thereof, to be used by such grantee for an authorized
public purpose; such lease or sale or gift and conveyance, or the performance of such
work, to be authorized, made or done on the terms and in the manner provided by
resolution of the governing body.
9-12-5.1. Powers - Lease of property - Term and conditions.
Every municipality may lease its municipally-owned property. Any such lease shall be for
a term and upon the conditions provided by resolution of the governing body.
9-12-5.2. Powers - Lease to private person - Resolution - Notice - Hearing -
Authorization.
If the governing body decides to lease any municipally owned property to any private
person for a term exceeding one hundred twenty days and for an amount exceeding five
hundred dollars annual value it shall adopt a resolution of intent to enter into such lease
and fix a time and place for public hearing on the adoption of the resolution. Notice of
the hearing shall be published in the official newspaper once, at least ten days prior to
the hearing. Following the hearing the governing body may proceed to authorize the
lease upon the terms and conditions it determines.
The annual lease rate will be in the amount of one thousand four hundred ninety-four
dollars and seventy-nine cents ($1,494.79), which is $0.11 per square foot. Pheasant
Fury and SDSU will both pay their respective prorated share of the lease for 2012. The
lease amount may be adjusted by the Brookings City Council each year. The City of
City of Brookings
February 28, 2012
117
Brookings may terminate this Lease with a notice of 60 days to the lessee. The lease
proposed is for a length of thirty years which will be renewable for two additional five
year terms. The lease will commence on the purchase date of approximately February
29, 2012, and ending February 28, 2042. These dates will be adjusted in the lease
document to the actual purchase date before the lease is executed by the City.
The Notice of Public Hearing was advertised one time ten days prior to the hearing as
required. This resolution will allow the City to enter into a thirty-year lease agreement
with SDSU for the designated hangar area located at the Brookings Regional Airport.
City Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City of Brookings
February 28, 2012
118
Resolution No. 41-12
Resolution of Intent to Lease Real Property
Be It Resolved by the governing body of the City of Brookings, South Dakota, that the City of
Brookings intends to enter into a Lease with SDSU for a period of thirty years, renewable for
two additional five year terms, commencing on the purchase date of approximately February
29, 2012, and ending approximately February 28, 2042 and pertaining to the following described
property: 13,589 square feet on Lot “X”, at the Brookings Regional Airport, in Section 26-
T110N-R50W in the City of Brookings, Brookings County, South Dakota.
The Lease will be an amount of one thousand four hundred ninety-four dollars and seventy-nine
cents ($1,494.79), which is $0.11 per square foot, payable annually. The lease amount may be
adjusted by the Brookings City Council each year. The City of Brookings may terminate this
Lease with a notice of 60 days to the lessee.
Be It Further Noted, that a Public Hearing on this Resolution was held on February 28, 2012 at
6:00 o’clock P.M. at the City Council Chambers and that all persons were given an opportunity
to be heard on the intent to lease real property.
Passed and approved this 28th day of February 2012, contingent upon approval by the State of
South Dakota.
CITY OF BROOKINGS
____________________________
Tim Reed, Mayor
ATTEST:
__________________________
Shari Thornes, City Clerk
City of Brookings
February 28, 2012
120
Second Readings / Public Hearings
22. Public hearing and action on Resolution No. 43-12, a Resolution
Amending the City of Brookings Vision 2020 Comprehensive
Plan.
Proposal: Revise the Future Land Use Plan to add new goals and objectives
relating to urban design guidelines for specific neighborhood areas.
Background: A thorough analysis of an existing neighborhood, commonly
referred to as the South Campus Neighborhood, was undertaken in 2011.
The data collected is part of a district plan created to address future
redevelopment of specific areas within the neighborhood.
Specifics: The South Campus Neighborhood District Plan is composed of
several components. These components shape the action plan for the
district. The action plan is similar to a Design Review District since it
focuses on the appearance of new construction, site planning, landscaping,
streetscapes, signage, and other aesthetic issues. Ideally, the action plan
and a developer’s proposal will result in a collaborative process for
redevelopment in the neighborhood that will meet the urban design policies
and goals of the City.
Recommendation: The Planning Commission voted 7 yes and 0 no to
recommend approval of the amendments to the Comprehensive Plan.
City Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City of Brookings
February 28, 2012
121
Resolution No. 43-12
A Resolution amending the City of Brookings Vision 2020 Comprehensive Plan
Whereas, the City Council of the City of Brookings, SD in accordance with SDCL 11-6-18
adopted the Vision 2020 Comprehensive Plan for the City of Brookings, SD; and
Whereas, the City Council determined that the Future Land Use Plan of said Comprehensive
Plan should be amended and supersede the previously adopted Future Land Use Plan of the
Comprehensive Plan adopted February 11, 2002; and
Whereas, the City Planning Commission of the City of Brookings, SD has recommended
approval of the Vision 2020 Comprehensive Plan in accordance with SDCL 11-6-17;
Now, Therefore, Be It Resolved by the City of Brookings, SD that the Future Land Use Plan of
the Vision 2020 Comprehensive Plan, as amended, is hereby adopted for the City of Brookings,
with said plan to supersede the previous Future Land Use Plan. The Vision 2020
Comprehensive Plan shall be on file in the office of the City Clerk and is available for public
inspection by any interested person.
Passed this 28th day of February, 2012.
CITY OF BROOKINGS
_________________________
Tim Reed, Mayor
ATTEST:
____________________________
Shari Thornes, City Clerk
City of Brookings
February 28, 2012
122
NOTICE OF HEARING
UPON AN AMENDMENT TO THE
VISION 2020 COMPREHENSIVE PLAN
FOR THE CITY OF BROOKINGS
NOTICE IS HEREBY GIVEN That the City Council will hold a public hearing on an
amendment to the Vision 2020 Comprehensive Plan for the City of Brookings pertaining to
district plans within the Future Land Use Plan.
NOTICE IS FURTHER GIVEN That said public hearing will be at 6:00 PM on
Tuesday, February 28, 2012, in the Council Chamber located in the lower level of City
Hall at 311 3rd Avenue, Brookings, South Dakota.
Any person interested may appear and be heard in this matter.
Dated this 17th day of February, 2012.
________________________________
Secretary, City Planning Commission
City of Brookings
February 28, 2012
123
Planning Commission
Brookings, South Dakota
February 7, 2012
OFFICIAL MINUTES
Chairperson Wayne Avery called the regular meeting of the City Planning Commission
to order on February 7, 2012, at 7:00 PM in the Council Chamber at City Hall. Members
present were Hal Bailey, Mike Cameron, Donna DeKraai, Greg Fargen, Al Heuton, John Sydow,
and Avery. Alan Gregg and John Gustafson were absent. Also present were Kate and Greg
Heiberger, Mary Bibby, Carol Klug, Cindy Swinson, City Engineer Jackie Lanning, Community
Development Director Mike Struck, Planning and Zoning Administrator Dan Hanson and
others.
Item #8 – The City Planning Commission received an amendment to the Vision 2020
Comprehensive Plan pertaining to district plans within the Future Land Use Plan.
(DeKraai/Heuton) Motion to approve the SDSU South Campus Neighborhood District
Plan for inclusion into the Vision 2020 Comprehensive Plan. All present voted aye. MOTION
CARRIED.
SUMMARY OF DISCUSSION
Item #8 – The South Campus Neighborhood District Plan established two (2) sub-areas that
were separated by 7th Street. The action plan focused on two (2) blocks north of 7th Street and
1½ blocks south of 7th Street. The development guidelines in the plan represented the various
proposals put forth by the Planning Commission over the last year. There were nine elements
identified that would have to be addressed in a redevelopment plan for the 6th Street/South
Campus Neighborhood commercial corridor. Heuton asked if item #3 would allow two-story
structures. Hanson replied yes.
City of Brookings
February 28, 2012
125
SDSU - SOUTH CAMPUS NEIGHBORHOOD DISTRICT PLAN
Plan Context
The SDSU-South Campus Neighborhood (SCN) District Plan supplements the Vision 2020
Comprehensive Plan. The District Plan provides more specific guidance for the location and
design of private development. It is intended to promote patterns of future land use, urban
design, traffic circulation and urban services that contribute to the economic, social, and
physical health, safety and welfare of the people who live and work in the District. The District
Plan addresses obstacles and opportunities at a level that is unique to the conditions and needs
of this neighborhood.
The District Plan has been divided into two distinct sub-areas:
6th St. /SCN Commercial Corridor consists of those properties that are
adjacent to 6th Street between Medary Avenue and 14th Avenue. The District
Plan proposes the establishment of a future commercial corridor with enhanced
landscape requirements and limited access for future neighborhood commercial
uses between 6th St. and 7th St.
SDSU Campus Edge Neighborhood consists of those properties that are
adjacent to the south edge of the campus between Medary Avenue and 14th
Avenue and north of 7th St. The District Plan proposes the establishment of
specific architectural guidelines for future high density residential uses in this
area.
Plan Components
The District Plan is comprised of the following:
Plan Background, which provides a chronological sequence of meetings and
actions that have led to the development of the District Plan
Neighborhood Background, which briefly describes the past history of the
study area
Plan Area Details, which provides an overview of the obstacles and
opportunities within the study area and then identifies the primary issues
Plan Purpose, which details the results that are anticipated and briefly
describes the scope and limits of the District Plan
Goals and Objectives, which are intended to provide a general understanding
of the vision for the future redevelopment of the SCN.
Action Plan, which sets guidelines and standards for achieving the goals and
objectives and makes recommendations on the future redevelopment of the two
sub areas within the District Plan
Plan Background
In December 2010, the Planning Commission initiated a review of the SCN. Maps showing the
current zoning, existing land use, types of housing stock and rental properties along with
detailed neighborhood property data were studied by the commission. The commission
examined the transfer and development of commercial property throughout the community
and discussed the pros and cons of expanding commercial and high density residential uses in
the SCN in January 2011. As a result, a Task Force made up of commissioners was created in
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February 2011. The Task Force created a questionnaire that was distributed to property
owners and tenants who lived and/or rented property in the neighborhood. Eleven questions
were designed to allow respondents to reply based on a range of options for each question
such as from positive to negative, major to minor, and support or oppose. A synopsis of each
question is as follows:
1. Impact of SDSU parking lot on neighborhood properties
2. Impact of 6th Street on neighborhood property values
3. Impact of on-street commuter parking on residences
4. Support for a fee-based parking permit program in neighborhood
5. Extent of rezoning that would be acceptable for light commercial uses
6. Impact of current neighborhood businesses on residences
7. Extent of high density residential development that would be acceptable
8. Attitude change if Q5 and Q7 required extensive landscape regulations
9. Attitude toward further expansion by SDSU into neighborhood
10. Attitude toward level of property maintenance in neighborhood
11. Extent of support for one-way streets in neighborhood
The owner-occupied response rate was 78 % while the non-owner (tenant) response rate was
25%. Data that was of particular note revealed that 64% of property owners felt on-street
parking had a major impact on their property but 54% opposed any type of parking permit
program. 56% of property owners would accept some level of commercial expansion but only
42% would accept an increase in high density residential development. One out of three
property owners supported further expansion of SDSU into the neighborhood and 71%
showed some support for one-way streets. Tenant responses were generally more neutral
than property owner responses but 79% felt that on-street parking had minimal impact on their
property. Nine out of ten respondents would accept some level of commercial expansion into
the neighborhood and 79% would support additional high-density residential development. 65%
showed some support for one-way streets.
In May 2011, the commission reviewed business and industrial growth patterns in the
community between the period from 2000 to 2010 and were introduced to an urban activity
center concept. This concept focused on a redevelopment scenario along both sides of 14th
Avenue from 6th St. to 7th St. The urban activity center introduced several design elements such
as wide sidewalk and landscape zones next to the public right-of-way, buildings with zero foot
(0’) setbacks, mixed-use buildings, rear parking only with mid-block pedestrian access and rear
landscape buffers.
Amendments to the Future Land Use Map for two separate areas within the SCN were
submitted to the Planning Commission and City Council in July but were not approved. SDSU
President, David Chicoine, attended a special meeting of the commission in mid July and
detailed the future growth plans for the university. He noted that the acquisition of additional
properties in the SCN would likely be limited to those that fronted on and were south of 8th
Street. The future use of these properties would be to act as a landscape buffer between the
campus and the neighborhood and no building development on the lots was anticipated.
City of Brookings
February 28, 2012
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The commission participated in a walking tour of the neighborhood in September 2011. The
commission walked the entire length of the neighborhood along 7th Street to judge firsthand
how the various land uses, population density, parking, property maintenance and traffic
impacted the character of the neighborhood. Finally, in December 2011, the commission
agreed to form a subcommittee to propose amendments to the Comprehensive Plan focusing
on future redevelopment guidelines.
Neighborhood Background
The SCN was originally developed with single-family residences except for two older apartment
buildings near 7th St. and Medary Avenue, one at 6th St. and 11th Ave., and businesses at the
intersection of 6th St. and Medary Avenue (old U.S. Highway 77). The post WWII era brought
changes to the neighborhood in regards to population density as basements, second floors and
garages were converted to dwelling units to accommodate returning servicemen and
supplement incomes. Zoning regulations in force prior to October 1966 made it possible to
create a dwelling unit for every 1,000 square feet of lot area or a gross density of 44 units per
acre throughout the neighborhood. The zoning regulations created by the 1966
Comprehensive Plan reduced the gross density of the R-2 and R-3 Residential Districts to 18
and 24 units per acre, respectively. The official zoning map of 1966 established the R-3/R-2
district boundary along 7th St. that allowed high density (R-3) residential uses to the north and
medium density (R-2) residential uses to the south. Over the next 30 years, houses were razed
and apartment buildings were constructed in a random fashion in the north half, or Residence
R-3 District portion of the SCN. The last apartment building was erected in 1993. During the
same time period several other dwelling units were converted into rental housing.
SDSU created the Millennium Master Plan in 2000 and another master plan in 2008. Maps
associated with these plans showed the only existing and proposed land holdings south of 8th St.
in the vicinity of the SCN to be the State Court and State Village married student housing
complexes. Between 2007 and 2010, the state, university and associated entities began
purchasing land south of 8th St. In 2009, an entire block, except for one property, was acquired
by the State of South Dakota and a surface parking lot was installed. Thirteen buildings,
containing a combined 28 dwelling units, were removed as a result of this project.
Neighborhood Study
The SCN study area consists of 8 full blocks and two half blocks containing 28.75 acres. The
area has a perimeter boundary of 6th St., Medary Avenue, 8th St., and the alley easy of 14th
Avenue. Sixth St. and Medary Ave. are classified as arterial streets while 8 th St. is a collector.
The remaining streets are local residential. The internal neighborhood design is a traditional
grid style street system with 80’ wide rights-of-ways and 20’ wide alleys that access most lots.
The area has three zoning districts. The Residence R-3 District that is primarily north of 7th St.,
the Residence R-2 District that is primarily south of 7th St. and the Business B-2 District that is
at the corner of 6th St. and Medary Ave. and 6th St. and 14th Ave.
Housing within the SCN consists of 89 older houses, 12 apartment buildings and 7 buildings
used by Greek organizations. The old housing stock consists mainly of single-family homes with
a few two-family homes and homes converted into apartments. Five of the Greek houses are
converted old housing stock. Thirty houses are owner occupied and 59 houses are rental
City of Brookings
February 28, 2012
128
properties. Twenty-one, or 70%, of the owner occupied houses are located within a two block
area from 11th Ave to 13th Ave and from 6th St. to 7th St. Only four owner occupied homes
exist north of 7th St. in the SCN.
The quality of the older housing stock was also judged from a property maintenance level
standpoint. Twenty percent of the properties were considered substandard while 52% had
standard maintenance with minor improvements. The remaining 27 homes were considered in
good to very good condition with 75% of them located south of 7th St.
Non-residential uses include 3 religious institutions, 4 commercial buildings, 1 elevated water
reservoir and 1 SDSU parking lot. All the commercial buildings front on 6th St. or Medary
Avenue
Plan Area Details
The commission has become familiar with several longstanding issues and some recent
developments within the SCN as a result of staff research, the neighborhood questionnaire, and
personal knowledge. Some issues are customary for campus neighborhoods while some are
unique. The issues that were identified are as follows:
University expansion and property acquisition south of 8th St. has and will continue to
impact the neighborhood
On-street commuter parking is viewed as having a negative influence on property values
but a residential parking permit program is not supported by residents
Owner occupied housing continues to be converted into rental property
A majority of property owners are not adverse to some level of commercial expansion
or development
A majority of property owners do not support an increase in residential density such as
apartments
The expansion of student housing in the southeast corner of campus and adjacent to the
SCN may attract private commercial services to locate nearby
Fraternities and sororities within the SCN are relocating or may relocate in the future
to “Greek Row” along 20th Avenue
Sixth Street is not seen as a detriment to property values by the vast majority of
residents who live nearby
Except for the northwest corner of the SCN, population density is similar to other
near- campus neighborhoods
Conflicts between renters and owners is low
Many resident owners feel rental property is not maintained to an acceptable level
Plan Purpose
The purpose of the district plan is:
To establish long-range goals and objectives for the redevelopment of the SCN into a
high-quality, aesthetically pleasing residential, mixed-use, and commercial area with a
unique character
City of Brookings
February 28, 2012
129
To create an urban design framework that sets guidelines for the redevelopment of
private property and compliments future streetscape standards
To provide guidance on improving safety for pedestrians and bicyclists and enhancing
traffic circulation, parking and right-of-way access
To evaluate the opportunities and obstacles in redeveloping the 6th St./SCN
Commercial Corridor
To evaluate the opportunities and obstacles in redeveloping the SDSU Campus Edge
Neighborhood
Goals and Objectives
Goal – Design an attractive campus/community neighborhood
Objectives
Encourage a mix of land uses such as offices, housing, and limited scale
commercial retail shops and services
Provide different housing types to allow affordability options and
promote a diverse resident population
Create a walkable neighborhood with wide sidewalks, enhanced
streetscapes, and well-lit parking areas
Provide external and internal pedestrian access points
Establish minimum development standards to discourage single-lot or
piecemeal development
Goal – Create a distinct identity through the built environment
Objectives
Encourage building design characteristics and architectural details that are
compatible with the existing neighborhood
Reserve outdoor areas for public gatherings and activities
Promote gateway designs that foster a sense of place
Goal – Enhance the 6th Street Corridor
Objectives
Require generous landscaping along Highway 14 right-of-way
Allow parking lot access only from local residential streets
Allow parking lots only on interior block areas
Action Plan
The Planning Commission, through extensive review and analysis, has determined that the
following urban design guidelines should accompany future redevelopment plans within the
SCN:
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February 28, 2012
130
The SDSU Campus Edge Neighborhood sub-area of the SCN has two blocks that have been
identified for future design review. These blocks have a combination of low and high density
residential uses within a Residence R-3 District.
Blocks 2 and 5, Randi Peterson’s Addition – Redevelopment projects that incorporate
high density uses shall be required to use exterior wall coverings and materials that
harmonize with the adjacent apartments and institutional buildings. Landscaping, tree
plantings, walkways, lighting, and parking areas shall be designed to maximize aesthetics
and enhance the built environment.
The Sixth Street/SCN Commercial Corridor sub-area of the SCN is a highly visible area for
local residents and commuters. Existing commercial businesses were created with minimal
urban design guidelines and some residential areas have been impacted by changes in residential
occupancy, deterioration of old housing stock, and the widening of US Highway 14. The
commission’s recommendations would guide the creation of design review elements for any
proposed redevelopment. These elements would encourage a high degree of design excellence
that would foster compatibility with adjacent uses.
Block 3, Saunders Addition (excl. lots 6-8) and Block 2, Sanderson’s Addition – The bulk
of this land is in the Residence R-2 District. A first step in approving any initial
redevelopment plan would involve a land use classification change to a district where the
SCN District Plan goals and objectives can be implemented. In conjunction with this
change, development standards for the district would be formulated in regards to the
following:
1. Single or mixed uses would be identified
2. Commercial redevelopment projects shall be of a sufficient scale to occupy, at a
minimum, a one-half block area. Piecemeal redevelopment shall be avoided
3. A building’s height shall be consistent with established structures in the
neighborhood
4. Exterior building facades shall harmonize with the neighborhood
5. Streetscapes shall be pedestrian oriented with limited on-street parking, wide
sidewalks, pedestrian amenities, landscape zones, and enhanced lighting.
6. Landscaping or fencing shall screen parking lots, mechanical appurtenances,
garbage receptacles, and other similar structures
7. Primary right-of-way access would be confined to local streets
8. Parking lots would be located on internal block areas and designed with
perimeter screening
9. Yards abutting US Highway 14 would have a high degree of landscaping and open
space in order to enhance the view along the corridor.
City of Brookings
February 28, 2012
131
Second Readings / Public Hearings
23. Public hearing and action on Resolution No. 44-12, a Resolution
to annex the R’Surene Morgan Farm Addition in the NW ¼ of
Section 6-T209N-R49W (2019 22nd Avenue South).
Applicant: John Mills
Proposal: Annex an acreage into the City
Background: The majority of the quarter section that contains this land
was developed into a mobile home park in the early 1970s. The Residence
R-3A District was established by Brookings County on the entire quarter
section shortly thereafter. In 1979, the acreage in the northwest corner
was platted as one large parcel. It originally contained an older, two-story
home near 22nd Avenue. A few mobile homes and a pole building also exist
on the property today. In 2003, the Western Estates Mobile Home Park to
the south and east was annexed.
Specifics: This subdivision contains 17.5 acres. It is advantageous for the
City to annex this parcel since it is completely surrounded by the City of
Brookings. It is likely that changes in land use will be discussed in the near
future.
Recommendation: The Planning Commission voted 7 yes and 0 no to
recommend approval of the annexation.
City Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City of Brookings
February 28, 2012
132
Resolution No. 44-12
Resolution of Annexation
Whereas, The City of Brookings is authorized pursuant to South Dakota Codified Law 9-4-1 to
annex contiguous territory upon receipt of a written petition, describing said territory sought to
be annexed, signed by not less than three-fourths (3/4) of the legal voters and by the owner or
owners of not less than three-fourths (3/4) of the value of said territory, and
Whereas, the City of Brookings desires to annex the following described property, to wit:
R’Surene Morgan Farm Addition in the NW ¼ of Section 6-T109N-R49W
Whereas, the aforesaid land is contiguous to the present boundaries of the City of Brookings, and
Whereas the City of Brookings has received a Petition For Annexation of Territory signed by the
owners of greater than three-fourths (3/4) of the value of the aforesaid property and by not less
than three-fourths (3/4) of the legal voters residing in said territory, now therefore
Be it Resolved by the City of Brookings, South Dakota, that the property described above is
hereby annexed to the City of Brookings.
Dated this 28th day of February, 2012.
CITY OF BROOKINGS
___________________________
Tim Reed, Mayor
ATTEST:
________________________
Shari Thornes, City Clerk
City of Brookings
February 28, 2012
135
Planning Commission
Brookings, South Dakota
February 7, 2012
OFFICIAL MINUTES
Chairperson Wayne Avery called the regular meeting of the City Planning Commission
to order on February 7, 2012, at 7:00 PM in the Council Chamber at City Hall. Members
present were Hal Bailey, Mike Cameron, Donna DeKraai, Greg Fargen, Al Heuton, John Sydow,
and Avery. Alan Gregg and John Gustafson were absent. Also present were Kate and Greg
Heiberger, Mary Bibby, Carol Klug, Cindy Swinson, City Engineer Jackie Lanning, Community
Development Director Mike Struck, Planning and Zoning Administrator Dan Hanson and
others.
Item #4 – John Mills has submitted a petition to annex the R’Surene Morgan Farm Addition in
the NW ¼ of Section 6-T109N-R49W.
(Heuton/Bailey) Motion to approve the annexation. All present voted aye. MOTION
CARRIED.
SUMMARY OF DISCUSSION
Item #4 – Hanson noted that the land proposed for annexation was completely surrounded by
city limits.
City of Brookings
February 28, 2012
137
Other Business
24. Consideration of a proposal from Main Street Pub regarding
temporary use of Buffalo Wild Wings Operating Agreement.
February 21, 2012
TO: Mayor and Council Members
FROM: City Manager Jeff Weldon
RE: Request from Main Street Pub for temporary use of an operating
agreement
Attached is a request from Garner Hansen, proprietor of Main Street Pub, requesting
the temporary use of the on-sale operating agreement previously awarded to Buffalo
Wild Wings, to be used until such time as Buffalo Wild Wings would claim their
operating agreement and put it in operation. As you know, Buffalo Wild Wings is
currently under construction. The estimated completion time of construction and store
opening is approximately mid-May, 2012.
The operating agreement in question is currently in use by Old Market Eatery until
March 1, 2012, upon which time, an unrestricted operating agreement awarded to Old
Market last month, would then be effective.
If you approve a motion with the intent of honoring this request, the following series of
events and a corresponding schedule would need to occur prior to the operating
agreement being effective:
March 13th Deadline to submit completed application
March 16th Newspaper legal notice deadline
March 20th Legal Notice Publication
March 27th Council Public Hearing & Action
March 28th Mail to State Department of Revenue for review and issuance of license
April 6th Estimated receipt of license from state barring no complications
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City of Brookings
February 28, 2012
139
25. Adjourn