HomeMy WebLinkAbout2012_05_22 CC PKT1
Brookings City Council
Tuesday, May 22, 2012
No 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.
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 to approve Resolution No. 75-12, a Resolution declaring Surplus
Property (304 West 16th Avenue South).
D. Action to approve Resolution No. 76-12, a Resolution increasing the Escrow
Account for a future Solid Waste Facility and future Green House Gas
Collection System.
E. Action to approve Resolution No. 77-12, a Resolution authorizing the sale of
surplus property (1988 Ford F350) to another municipality.
Motion to Approve, Request Public Comment, Roll Call
5. Items removed from Consent Agenda.
*Matters appearing on the Consent Agenda are expected to be non-controversial and will be acted upon by the Council at one time,
without discussion, unless a member of the Council or City Manager requests an opportunity to address any given item. Items removed
from the Consent Agenda will be discussed at the beginning of the formal items. Approval by the Council of the Consent Agenda items
means that the recommendation of the City Manager is approved along with the terms and conditions described in the agenda supporting
documentation.
Open Forum/Presentations/Reports
6. Open Forum.
7. SDSU Student Senate Report.
8. Mayoral Proclamation of the 52nd Anniversary of National Public Works Week.
Contracts and Change Orders
9. Action on Resolution No. 78-12, a Resolution awarding the contract for 2012-01SWR
Concrete Maintenance Project.
Action: Motion to Approve, Request Public Comment, Roll Call
City of Brookings
May 22, 2012
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10. Action on Resolution No. 79-12, a Resolution awarding the Police Dept. Security
System Contract.
Action: Motion to Approve, Request Public Comment, Roll Call
First Readings**
11. Ordinance No. 13-12, an Ordinance amending the Zoning Ordinance of the City of
Brookings and pertaining to yard requirements for cantilevered floors for the purposes
of Administration of the Zoning Ordinance.
Public Hearing: June 12th
12. Ordinance No. 14-12, an Ordinance amending the Zoning Ordinance of the City of
Brookings and pertaining to access drives for the purposes of administration of the
zoning ordinance.
Public Hearing: June 12th
13. Ordinance No. 15-12, an Ordinance authorizing a Supplemental Appropriation to the
2012 Budget for the purpose of providing for additional funds for the Operation of the
City.
Public Hearing: June 12th
14. Ordinance No. 16-12, an Ordinance Amending Article II of Chapter 22 of the Code of
Ordinances of the City of Brookings and Pertaining to the Adoption of the 2009
International Building Code, the 2009 International Residential Code, the 2009
International Mechanical Code, the 2009 International Existing Building Code and the
2009 International Fire Code with Certain Amendments Thereto.
Public Hearing: June 12th
**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
15. Public hearing and action on Ordinance No. 12-12, an Ordinance Amending the Zoning
Ordinance of the City of Brookings and pertaining to Land Use Classification
Procedures for the purposes of Administration of the Zoning Ordinance.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
16. Action on a Temporary On-Sale Liquor License for Ray’s Corner for a wedding dance at
300 5th Street South (National Guard Armory) on June 30, 2012.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
17. Action on a Temporary On-Sale Liquor License for Ray’s Corner for the Spc. Dennis
Jensen Memorial Poker Run and Street Dance Fundraiser at 401 Main Ave. on June 9,
2012.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City of Brookings
May 22, 2012
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18. Public hearing and action on Annual Alcohol Malt Beverage License Renewals.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
19. Public hearing and action on an On-Sale Malt Beverage License renewal with a legal
description change for Carpy’s Pub, Roger and Verla Carpenter, owners, 700 22nd
Avenue South, legal description: E 77.5’ of the W 145’ and the N 32’9” of the S 655’
and the E30’ of the W 137’ of the N 2’ of the S 679’ of Lot 2, Brookings Mall Addition.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
20. 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
May 22, 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 minutes.
C. Action to approve Resolution No. 75-12, a Resolution
declaring Surplus Property (304 West 16th Avenue South).
D. Action to approve Resolution No. 76-12, a Resolution
increasing the Escrow Account for a future Solid Waste
Facility and future Green House Gas Collection System.
E. Action to approve Resolution No. 77-12, a Resolution
authorizing the sale of surplus property (1988 Ford F350) to
another municipality.
*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
May 22, 2012
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CONSENT AGENDA #4
B. Action to approve minutes.
The draft May 8th Brookings City Council minutes are enclosed for Council
review and approval.
City of Brookings
May 22, 2012
6
Brookings City Council
May 8, 2012 (unapproved)
The Brookings City Council held a meeting on Tuesday, May 8, 2012 at 5:00 p.m., at City Hall
with the following members present: Mayor Tim Reed (arrived at 6:00 p.m.), Deputy Mayor Jael
Thorpe, Council Members John Kubal, Mike McClemans, Tom Bezdichek, Ope Niemeyer and
Keith Corbett. City Attorney Steve Britzman, City Manager Jeff Weldon, and City Clerk Shari
Thornes were also present.
Certificate of Election and Oath of Office. Deputy Mayor Thorpe presented Council
Members John Kubal and Tom Bezdichek with their Certificates of Election as they took their
Oath of Office for three-year terms as City Council Members. Mayor Tim Reed was sworn in
by the City Clerk on May 2nd.
Brookings Health Systems Quarterly Report. Jason Merkley, CEO, and Kevin Coffey,
Brookings Health Systems, provided the City Council and public with a financial report and
update on current and pending issues.
Update Report on 7th Avenue South and 15th Street South. Jackie Lanning, City
Engineer gave an update on the request to construct a portion of 7th Avenue South from 12th
Street South to 15th Street South. Staff advised to not proceed until the necessary right-of-way
is dedicated. It was suggested to construct a temporary access to the proposed dog park off of
7th Avenue South right-of-way as access also exists from McClemans Park, Pheasant Run Road
and the bike trail.
A motion was made by Thorpe, seconded by Corbett, directing staff communicate with
property owners, Costello Property regarding the easement, and Brookings Municipal Utilities
to further the discussion. All present voted yes; motion carried.
(Mayor Reed arrived at 6:00 p.m. Thorpe continued to preside for the remainder of the meeting.)
6:00 P.M. MEETING.
City Council Member McClemans recused himself from the meeting. City Attorney Steve
Britzman recommended removal of agenda items 12 and 13 regarding reconsideration of the
Depot On-Off Sale Malt License and Video Lottery citing the following reasons:
With respect to an alcoholic beverage license, there is a Supreme Court Decision which
indicated once the decision is made to issue the license, the city no longer has the power or
jurisdiction under State Statute to reconsider it. The fact that it is placed on the agenda does
not obligate discussion on that item. As to reconsidering the decision which was made at the
last council meeting, it would not be appropriate where we have no power or jurisdiction to
change the decision which was made following the hearing.
With respect to Video Lottery, it is more of a challenging decision to reconsider. In reviewing
the September 2011 decision of the case of “Law vs. City of Sioux Falls”, it clarified there is a
very narrow avenue for cities to participate in the decision of granting video lottery licenses.
City of Brookings
May 22, 2012
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The state has provided a procedure and allowed limited ability to participate in that decision
making. The timing is when that decision is before the council and not after that time period.
The city no longer has the power or jurisdiction of decision making to revisit or reconsider it.
Consent Agenda. A motion was made by Thorpe, seconded by Reed, to remove the agenda
(item 4A) from the Consent Agenda for separate discussion and to approve remaining consent
agenda items. All present voted yes; motion carried.
A. Action to approve the April 24th council minutes.
B. Action on Resolution No. 71-12, a Resolution declaring miscellaneous items
surplus.
Resolution No. 71-12 - Appraising and Authorizing Sale of Surplus Property
Whereas, the City of Brookings has surplus items which are no longer necessary or useful
for City purposes, and it is the desire of the City to dispose of same as surplus property;
Now, Therefore, Be It Resolved, that the attached listed property be declared surplus by
the City Council.
LIQUOR STORE: #601-0073 Copier, #6010080 Credit Card Keyboards, #601-0075
Scanner, #601-0071 Compaq Computer, #601-0076 Register Server Computer, #601-0077
Security System, #601-0056 Sharp Copier, #601-0057 Scanner, #601-0072 Register Server
Computer, #601-0068 Cash Registers. PARKS & RECREATION: 4 computer monitors, 1
computer tower, 2 credit card machines, 1 cash register, 1 laserjet printer, 1 safe,
Numerous chairs (office, others), 1 projector, 1 blueprint table, 3 ping-pong tables, 5
lockers, Radios/electronics, Lockers, Filing cabinets, 2 typewriters, Assorted blueprint
cabinets, Gatorade cooler, and misc. office equipment/furnishings, magazines, scraps, etc.
IT/FINANCE: HP Laserjet 1200, HP Color Laserjet 3600dn, White Box PC PC001, HP PSC
1610 AiO Printer, Gateway GP6-233 PC, Gateway 2000 Monitor, AT&T Monitor, HP
Deskjet 6122 Printer, 6 Pairgain Boxes, HP Laserjet 1160 Printer, HP Business Inkjet 1100,
HP OfficeJet 6310v Printer, Orinoco WaveLAN Access Point, Compact dx2000mt SN:
2UA5020Q5P, Compact dx2200mt SN: MXL6370B7X, Compact dx2200mt SN:
MXL6370B6Z, HP DC5100MT Desktop SN: 2UB54206LD, HP Photosmart C4680 Printer,
HP DX2000 SN: USU4390GWP, HP DX2000 SN: 2UA50401DN, HP Pavilion DV9000
Laptop SN: CNF652154W, Compaq Armada Laptop SN: 1J032CZQ6890G, Compaq
Armada Laptop SN: 1J18FTBZL02Y, HP PSC 2J10 Photoshop AiO printer, HP Laptop Antec
Docking Station, HP Laptop Antec Docking Station, Brother MFC 420CN Printer, HP
Deskjet 5440 Printer, HP Deskjet 5650 Printer, HP DX2000 SN: 2UA5020Q5N, BC PRO
UPS, HP 15” LCD Monitor, HP 15” LCD Monitor, HP Monitor Stand, AOC 17” Monitor,
HP 15” LCD Monitor, HP Deskjet 1120C Printer, 3 Ergonomic White Keyboard, Black HP
Straight Keyboards, Black HP Straight Keyboards. ENGINEERING: HP Scanjet Scanner
3500c. LIBRARY: 15 Gateway computers, 5 Gateway monitors, 1 HP monitor, 6 power
supplies, 4 keyboards, 6 computer mice, 2 switches, 2 wireless routers, 1 paper shredder, 1
microwave, Miscellaneous children’s toys, 3 Clocks
C. Action on Resolution No. 72-12, a Resolution declaring Fire Department
equipment surplus.
Resolution No. 72-12 - Declaring Surplus Property
City of Brookings
May 22, 2012
8
Whereas, the City of Brookings is the owner of the following described equipment
formerly used at the City of Brookings Fire Department: Utility 1 – Fixed Asset #101-0075,
1988 Ford F350, VIN #2FDKF38G1JCA69537.
Whereas, in the best financial interest, it is the desire of the City of Brookings to sell same
as surplus property;
Whereas, the City Manager hereby authorized to appoint three qualified appraisers to
appraise the value of the 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.
D. Action on Resolution No 73-12, a Resolution authorizing an Application for
Financial Assistance, authorizing the execution and submittal of the application,
and designating an authorized representative to certify and sign payment
requests.
Resolution No. 73-12 - Resolution Authorizing an Application for Financial Assistance,
Authorizing the Execution and Submittal of the Application and Designating an Authorized
Representative to Certify and Sign Payment (Wastewater Pretreatment System
Construction in Foster Addition)
Whereas, the City of Brookings (the “City”) has determined it is necessary to proceed with
improvements to its Sanitary Sewer System, including but not limited to the Wastewater
Pretreatment System Construction (the “Project”);
Whereas, the City has determined that financial assistance will be necessary to undertake
the Project and an application for financial assistance to the South Dakota Board of Water
and Natural Resources (the “Board”) will be prepared; and
Whereas, it is necessary to designate an authorized representative to execute and submit
the Application on behalf of the City and to certify and sign payment requests in the event
financial assistance is awarded for the Project.
Now Therefore Be It Resolved by the City as follows:
1. The City hereby approves the submission of an Application for financial assistance in an
amount not to exceed $5,600,000 to the South Dakota Board of Water and Natural
Resources for the Project.
2. The City Manager is hereby authorized to execute the Application and submit it to the
South Dakota Board of Water and Natural Resources, and to execute and deliver such
other documents and perform all acts necessary to effectuate the Application for financial
assistance.
City of Brookings
May 22, 2012
9
3. The City Manager is hereby designated as the authorized representative of the City to do
all things on its behalf to certify and sign payment requests in the event financial assistance is
awarded for the Project.
E. Action to abate the 2012 drainage fees for Parcel No. 40610-00300-000-00 in the
amount of $169.71, and 40610-00400-001-00 in the amount of $468.30; Block 3,
Thelen Addition.
F. Action to purchase a 2012 Automated Side Loading Refuse Box and Chassis off
the City of Spearfish Bid (March 26, 2012) with Sanitation Products, Inc. for the
amount of $231,022.00.
On the motion, all present voted yes; motion carried.
Agenda. A motion was made by Reed, seconded by Corbett, to approve the agenda. A
motion was made by Reed, seconded by Corbett, to amend the agenda to remove Items 12 and
13. On the amendment, Bezdichek, Corbett, Reed and Thorpe voted yes; Niemeyer and Kubal
voted no; motion carried. On the motion as amended, all present voted yes, except Kubal
voted no, motion carried.
McClemans returned to the meeting.
Resolution No. 74-12. A motion was made by Kubal, seconded by Reed, to approve
Resolution No. 74-12, a Resolution awarding the contract for the Swiftel Center Storage
Addition. All present voted yes; motion carried.
Resolution No. 74-12 - Resolution Awarding Bids for the Swiftel Center Storage Addition
Whereas, the City of Brookings opened bids for the Swiftel Center Storage Addition Project on
Tuesday, April 17, 2012 at 1:30 pm at Brookings City Hall; and
Whereas the city of Brookings has received the following bids for the Swiftel Center Storage
Addition Project: Daniels Residential, Inc., Tea, SD: $298,250.00, Alternate #1 $12,690.00;
Dallas I Hanson, Inc., Ortonville, MN: $312,800.00, Alternate #1 $24,000.00; Waltz
Construction, Inc., Brookings, SD: $314,000.00, Alternate #1 $18,700.00; Clark Drew
Construction, Inc., Brookings, SD: $318,000.00, Alternate #1 $22,300.
Now Therefore, Be It Resolved that the low bid of Daniels Residential, Inc. for $310,490.00 be
accepted.
First Reading – Ordinance No. 12-12. A first reading was held on Ordinance No. 12-12,
an Ordinance Amending the Zoning Ordinance of the city of Brookings and pertaining to Land
Use Classification Procedures for the purposes of Administration of the Zoning Ordinance.
Public Hearing: May 22, 2012.
Ordinance No. 10-12. A public hearing was held on Ordinance No. 10-12, an Ordinance
amending the Zoning Ordinance of the City of Brookings and pertaining to a church as a
conditional use in the Business B-1 District for the purposes of administration of the zoning
City of Brookings
May 22, 2012
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ordinance. A motion was made by Kubal, seconded by Corbett, to approve Ordinance No. 10-
12. All present voted yes; motion carried.
Ordinance No. 11-12. A public hearing and action on Ordinance No. 11-12, an Ordinance
amending the Zoning Ordinance of the City of Brookings and pertaining to definitions,
accessory buildings, and off-street parking for the purposes of administration of the Zoning
Ordinance. A motion was made by Corbett, seconded by McClemans, to approve Ordinance
No. 11-12. All present voted yes; motion carried.
Adjourn. A motion was made by Corbett, seconded by McClemans, to adjourn. All present
voted yes; motion carried. Meeting adjourned at 7:20 p.m.
CITY OF BROOKINGS
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
City of Brookings
May 22, 2012
11
CONSENT AGENDA #4
C. Action to approve Resolution No. 75-12, a Resolution declaring
Surplus Property (304 West 16th Avenue South).
The City of Brookings purchased a residential property in 2009 in
anticipation of the upcoming Airport Realignment Project. The property
purchased is located at 304 West 16th Avenue South, located on Sublot “A”
of Outlot One, of the Southwest Quarter of the Northwest Quarter (SW
¼ NW ¼ ) of Section Twenty-Seven (27), Township One Hundred Ten
(110) North, Range Fifty (50) West of the 5th P.M., County of Brookings,
State of South Dakota. The City has been renting the property and the
tenant has now moved out. The City would like to surplus the property.
The next step will be to take separate sealed bids on the house, garage, and
barn to have the structures moved off the property. Reference to SDCL 6-
13-1 is provided below for guidance on declaring surplus property:
6-13-1. Determination of surplus property. The governing board of a
political subdivision may sell, trade, destroy, or otherwise dispose of any
land, structures, equipment, or other property which the governing board
has, by appropriate motion, determined is no longer necessary, useful, or
suitable for the purpose for which it was acquired. No motion is required
to sell, trade, destroy, or otherwise dispose of consumable supplies, printed
text, or subscriptions.
This resolution will authorize the property of 304 West 16th Avenue South
as surplus property.
City of Brookings
May 22, 2012
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Resolution No. 75-12
Declaring Surplus Property (304 West 16th Avenue South)
Whereas, the City of Brookings is the owner of the following described real property located
in the City of Brookings:
Sublot “A” of Outlot One (1) of the Southwest Quarter of the Northwest
Quarter (SW1/4NW1/4) of Section Twenty-seven (27), Township One Hundred
Ten (110), Range Fifty (50) West of the 5th P.M., County of Brookings, State of
South Dakota, otherwise known as 304 West 16th Avenue South.
Whereas in the best financial interest, it is the desire of the City of Brookings to sell said
surplus property; and
Whereas, the City Manager is hereby authorized to appoint a qualified appraiser to appraise the
value of the property; and
Whereas, the City Manager is hereby authorized to sell said surplus property.
Now, Therefore, Be It Resolved by the governing body of the City of Brookings, South Dakota,
that this property be declared surplus property according to SDCL Chapter 6-13.
Passed and approved this 22nd day of May, 2012.
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City of Brookings
May 22, 2012
13
CONSENT AGENDA #4
D. Action to approve Resolution No. 76-12, a Resolution increasing
the Escrow Account for a future Solid Waste Facility and future
Green House Gas Collection System.
To: City Manager, Mayor and City Council Members
From: Todd Langland, Director of Solid Waste
RE: Future Solid Waste Fund
In December 2000, Resolution No. 78-00 established an Escrow Account
to accumulate funds for a future Solid Waste Facility / Landfill Replacement.
This long-range planning is required by the DENR.
This fund allows the Landfill to place a line item in the budget to set money
aside for future facility needs in addition to site replacement. When the
fund was set up in 2000, the amount set aside per year was $20,000.00 with
the ability to increase the fund as costs increase. In 2006, the amount was
increased to $40,000 per year, as per Resolution No. 80-06, and in 2008
the amount was increased to $50,000 per year, as per Resolution No. 86-
07. The current fund balance is $500,000.
As the City of Brookings moves to the future, we anticipate large expenses
with the construction for a Green House Gas Collection System. The
construction of this Green House Gas Collection System will be
determined by federal regulations pursuant to EPA Green House Gas
Regulations. In January 2010 the City of Brookings was required to register
the Landfill with the EPA and report the tonnage of municipal solid waste
received at the facility since opening in October 1993.
A financial analysis has been done and we recommend increasing the
amount being set aside in the escrow account to help accumulate funds for
this new federally mandated expense. We request the City Council
approve Resolution No. 76-12 to increase the Escrow Account set aside
for the Future Solid Waste Fund from $50,000 to $100,000 in preparation
for future needs to replace the existing landfill facility and fund a Green
House Gas Collection System.
City of Brookings
May 22, 2012
14
Resolution No. 76-12
Increasing the Escrow Account for a Future Solid Waste Facility and Future Green
House Gas Collection System
Whereas, the City of Brookings will need a Solid Waste Facility in the future as it reaches
capacity; and
Whereas, the City of Brookings has established an Escrow Account to fund the siting, the
designing, the permitting, and the constructing of a replacement Solid Waste Facility; and
Whereas, the EPA Green House Regulations will require the City of Brookings to install a
Green House Gas Collection System in the future; and
Whereas, the City has established an Escrow Account for the future Solid Waste Facility; and
Whereas, the City should establish an Escrow Account for the future Green House Gas
Collection System; and
Whereas, the amount budgeted to transfer to the Escrow Account may be increased from time
to time as the Solid Waste Fund can finance such set-aside funds; and
Whereas, the amount budgeted for 2013 is to be increased from $50,000 to $100,000; and
Now Therefore, Be It Resolved, the City Manager with the approval of the City Council be
allowed to set-aside such funds for a Future Solid Waste Facility as well as a Future Green
House Gas Collection System when requirements become effective.
CITY OF BROOKINGS
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
City of Brookings
May 22, 2012
15
CONSENT AGENDA #4
E. Action to approve Resolution No. 77-12, a Resolution authorizing
the sale of surplus property (1988 Ford F350) to another
municipality.
Pursuant to SDCL 6-5-5, Resolution No. 77-12 authorizes the City of
Brookings to sell surplus Fire Department equipment (old Utility One) to
the City of Bruce Fire Department for $1,000. Utility One is a 1988 Ford
F350.
6-5-5. Local governments permitted to lease, sell, give, or otherwise convey real and personal property
to other units of government. Notwithstanding any other provision of law to the contrary, but, in
compliance with the provisions of the Constitution of the State of South Dakota, every county,
municipality, school district, civil township, or other entity authorized by law to levy taxes may lease or
sell or give and convey any personal property, real property, or money of such entity 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, shall be made or done on the terms and in the manner provided by resolutions of
the governing body. However, no money may be transferred from any sinking or interest fund unless
sufficient money is left therein to pay all interest which may accrue on and the principal of all outstanding
bonds. Source: SL 1991, ch 55.
Resolution No. 77-12
Sale of Surplus Property
Whereas, the City of Brookings has declared surplus the following equipment: Utility 1 – Fixed
Asset #101-0075, 1988 Ford F350, VIN #2FDKF38GIJCA69537.
Whereas, it has been agreed upon by both parties to sell the above to the Bruce Fire
Department for $1,000.
Passed and approved this 22nd day of May, 2012.
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City of Brookings
May 22, 2012
16
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
May 22, 2012
17
Open Forum
6. Invitation for a Citizen to schedule time on the Council Agenda
for an issue not listed.
At this time, any member of the public may request time on the agenda for
an item not listed. Items are typically scheduled for the end of the meeting;
however, very brief announcements or invitations will be allowed at this
time.
7. SDSU Student Senate Report.
President – Jameson Berreth
Vice-President – Wyatt DeJong
Administrative Assistant – Mike McNalley
Finance Chair – Ben Ruggeberg
State & Local Chair – Jameson Goetz
SDSU Senate Website: http://www.sdstatesa.com/#!
City of Brookings
May 22, 2012
18
Presentation
8. Mayoral Proclamation of the 52nd Anniversary of National Public
Works Week.
MAYORAL PROCLAMATION
CITY OF BROOKINGS, SOUTH DAKOTA
WHEREAS: Public works infrastructure, facilities and services are vital elements to the
health, safety, comfort, and sustainability of Brookings; and
WHEREAS: These services would not be available to the citizens of Brookings without the
dedicated efforts by the public works professionals, engineers, managers, and
administrators who must plan, design, build, operate, and maintain the transportation,
water supply, sewage, and refuse disposal systems; and
WHEREAS: It is in the best interest for the citizens of Brookings to gain knowledge,
maintain a progressive interest, and understand the importance of public works needs
and programs; and
WHEREAS: This year marks the 52nd Anniversary of the National Public Works Week
sponsored by the American Public Works Association.
NOW, THEREFORE, BE IT RESOLVED, that I, Tim Reed, Mayor of the City of Brookings, do
hereby proclaim the week of May 20-26, 2012 as:
PUBLIC WORKS WEEK
And call upon all of Brookings to recognize the contributions public works officials make every
day to our health, safety, comfort, and quality of life!
IN WITNESS WHEREOF, I have placed the Seal of the City of Brookings, State of South
Dakota, this of 22nd day of May, 2012.
Tim Reed, Mayor
City of Brookings
May 22, 2012
19
Contracts and Change Orders
9. Action on Resolution No. 78-12, a Resolution awarding the
contract for 2012-01SWR Concrete Maintenance Project.
This project is the annual concrete project and entails construction of
miscellaneous concrete work in the 2012 sidewalk area, which is the area
north of 6th Street. This project includes repair of curb and gutter, fillets,
valley gutters, curb ramps, and homeowner trip hazard sidewalks. Also
included with this project is sidewalk in the new locations adopted by the
City Council.
The plans were mailed to several local contractors and two Builders
Exchanges. The bid letting was held on May 15, 2012 and the City received
the following bids:
Concrete Contractors, Inc., Brookings, SD $103,100.00
Timmons Construction, Inc., Brookings, SD $109,260.00
The bid prices this year were very good, which will be a benefit to property
owners included in the project for sidewalk replacement and installation.
The low bidder, Concrete Contractors, Inc., is formerly the concrete crew
that worked for Consolidated Concrete and was the City’s contractor on
several concrete projects in the past. The low bid of Concrete
Contractors, Inc. for $103,100.00 was approximately 32% lower than the
engineer’s estimate of $151,355.00. Recommend awarding the contract to
Concrete Contractors, Inc., Brookings, in the amount of $103,100.00.
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City of Brookings
May 22, 2012
20
Resolution No. 78-12
Resolution Awarding Bids on Project 2012-01SWR
Concrete Maintenance Project
Whereas, the City of Brookings opened bids for Project 2012-01SWR Concrete Maintenance
Project on Tuesday, May 15, 2012 at 1:30 pm at Brookings City Hall; and
Whereas, the City of Brookings has received the following bids for 2012-01SWR Concrete
Maintenance Project: Concrete Contractors, Inc., Brookings, SD: $103,100.00; Timmons
Construction, Inc., Brookings, SD: $109,260.00.
Now Therefore, Be It Resolved that the low bid of $103,100.00 for Concrete Contractors, Inc.,
Brookings, SD be accepted.
Passed and approved this 22nd day of May 2012.
CITY OF BROOKINGS
________________________________
Tim Reed, Mayor
ATTEST:
_________________________
Shari Thornes, City Clerk
City of Brookings
May 22, 2012
21
Contracts and Change Orders
10. Action on Resolution No. 79-12, a Resolution awarding the Police
Department Security System Contract.
To: Jeff Weldon, City Manager
From: Jeff Miller, Chief of Police
Re: Security System Bid Award
A bid letting was held on Tuesday, May 1, 2012 for the Police Department
Security System, which is part of the Police Department’s renovation
project. The renovation budget includes an upgraded security entry and
security surveillance system for the expanded Police Department as well as
meeting new E911 standards in security for the Dispatch Center. The
draw-down for this part of the project will come from the capital line of
the General Government Building Budget.
The City of Brookings received the following base bids with west exterior
IP camera option:
3D Security, Sioux Falls, SD $22,658.63 / not noted
ESE Inc., Brookings, SD $22,950.00 / $1,096.00
Dakota Security Systems, Sioux Falls, SD $47,038.98 / not noted
Midwest Alarm Co., Sioux Falls, SD $27,824.00 / $855.00
Safe-N-Secure, Sioux Falls, SD $26,936.78 / not noted
Eagle Eye Security Systems, Glenham, SD $39,831.33 / not noted
We recommend awarding the 2012-13BLD Police Department Security
System Project to 3D Security, Sioux Falls, SD for the low bid of
$22,658.63.
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City of Brookings
May 22, 2012
22
Resolution No. 79-12
Resolution Awarding Bids for the 2012-13BLD Police Department Security System
Whereas, the City of Brookings has commenced renovation to the current City Hall and Police
Department to expand its operations for the Brookings Police Department and the E-911
Center; and
Whereas, the City of Brookings has approved the renovation and upgrade to the security of the
building; and
Whereas, the Brookings Police Department has requested the purchase of a security entry and
surveillance system for the Brookings Police Department building; and
Whereas, the City of Brookings opened bids for the 2012-13BLD Police Department Security
System on Tuesday, May 1, 2012 at Brookings City Hall; and
Whereas the City of Brookings received the following bids for the 2012-13BLD Police
Department Security System (base bid / west exterior IP camera option): 3D Security, Inc.,
Sioux Falls, SD, $22,658.63 / not noted; ESE Inc., Brookings, SD, $22,950.00 / $1,096.00; Dakota
Security Systems, Sioux Falls, SD, $47,038.98 / not noted; Midwest Alarm Co., Sioux Falls, SD,
$27,824.00 / $855.00; Safe-N-Secure, Sioux Falls, SD, $26,936.78 / not noted; Eagle Eye Security
Systems, Glenham, SD, $39,831.33 / not noted.
Now, Therefore, Be It Resolved that the bid of 3D Security, Sioux Falls, SD for a base bid of
$22,658.63 be accepted.
Passed and approved this 22nd day of May, 2012.
City of Brookings
__________________________
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City of Brookings
May 22, 2012
23
First Readings**
11. Ordinance No. 13-12, an Ordinance amending the Zoning
Ordinance of the City of Brookings and pertaining to yard
requirements for cantilevered floors for the purposes of
Administration of the Zoning Ordinance.
Public Hearing: June 12th
**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: Set a limit on how far a building floor can be cantilevered into a
required setback.
Background: Cantilevered floors have been used primarily to add floor
area to residences and apartments. In most cases, the extension is as much
an architectural feature as a floor expansion. In some cases, however, a
floor is cantilevered along an entire wall in order to circumvent the setback
rule.
Specific: These regulations would simply set a limit on the distance and
extent that a floor could be cantilevered. Due to building code structural
requirements, most floors are not cantilevered further than two feet
anyway. The 14 foot / 30% regulation would still allow for wall variations.
Recommendation: The Planning Commission voted 7 yes and 0 no to
recommend approval of the amendments.
City of Brookings
May 22, 2012
24
Ordinance No. 13-12
An Ordinance amending the Zoning Ordinance of the City of Brookings and
pertaining to yard requirements for cantilevered floors 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 VI. SUPPLEMENTAL REGULATIONS
Sec. 94-395. PROJECTIONS OF PORCHES, DECKS, PLATFORMS AND
CANTILEVERED FLOORS
B. Cantilevered floors and adjoining wall assemblies, not supported by a permanent
foundation, may project into a required yard area as follows:
(1) Cantilevered floors and adjoining wall assemblies may be extended into a
required front or rear yard setback a distance not exceeding two (2) feet,
and into a required side yard setback a distance not exceeding one (1) foot
(2) The length of a cantilevered floor and adjoining wall assembly shall not
exceed fourteen (14) feet or 30% of the total length of any side of a principal
building, whichever is greater.
Section 2.
Any or all ordinances in conflict herewith are hereby repealed.
First Reading: May 22, 2012
Second Reading: June 12, 2012
Published:
CITY OF BROOKINGS, SD
___________________________________
Tim Reed, Mayor
ATTEST:
________________________
Shari Thornes, City Clerk
City of Brookings
May 22, 2012
25
Planning Commission
Brookings, South Dakota
May 1, 2012
OFFICIAL MINUTES
Chairperson Wayne Avery called the regular meeting of the City Planning Commission
to order on Tuesday, May 1, 2012, at 5:30 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 was absent. Also present were Bill Purrington, Jim Rice, Jim
Juntunen, Barb Walder, Robin Schulte, 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 amendments to Chapter 94, Zoning, pertaining
to yard requirements for cantilevered floors.
(Heuton/DeKraai) Motion to approve the amendments. All present voted aye.
MOTION CARRIED.
SUMMARY OF DISCUSSION
Item #7 – Hanson stated that regulating cantilevered floors was done by some communities
while others prohibited them. Brookings currently controlled the setback by the location of the
foundation wall. Heuton asked if cantilevering into a sideyard could cause a fire safety or access
issue. Hanson replied that the typical setback of seven, eight, and 15 feet would still provide
adequate separation.
City of Brookings
May 22, 2012
26
First Readings**
12. Ordinance No. 14-12, an Ordinance amending the Zoning
Ordinance of the City of Brookings and pertaining to access
drives for the purposes of administration of the zoning ordinance.
Public Hearing: June 12th
**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: Allow an additional access for lots with wide frontages.
Background: The current ordinance allows access drives based on frontage
width, lot location, and street classification status. Depending upon these
parameters, one or two access drives may be permitted. A few businesses
and industries have requested variances in the past for additional access to
support their operations. Most of these requests involve lots with several
hundred feet of frontage.
Specifics: The proposed changes focus on collector and local streets that
serve commercial and industrial uses. The change would basically allow a
third access drive for frontages over 500 feet in length.
Recommendations: The Planning Commission voted 7 yes and 0 no to
recommend approval of the zoning amendments.
City of Brookings
May 22, 2012
27
Ordinance No. 14-12
An ordinance amending the Zoning Ordinance of the City of Brookings and
pertaining to Access Drives 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 VI. SUPPLEMENTAL REGULATIONS
Sec. 94-343. ACCESS DRIVES
(a) Business and Industrial Districts. The following regulations shall apply to all lots in the business
and industrial districts.
1. Arterial Streets
a. Number of access drives
2. Corner lots with two or more frontages - Access to an arterial street shall be
limited to one access drive if reasonable access is available from a street with a
lower functional classification. Access, from that street, shall be limited to one
access drive for lots with frontages of 150 feet or less and two access drives for
lots with frontages over 150 feet. If two or more both streets are of the same
classification, access shall be determined by the city engineer based on criteria
established in the Engineering Design Standards.
2. Collector Streets
a. Number of access drives
1. Interior lots with one frontage - One access drive shall be permitted onto
any street that the lot or block abuts. and Two access drives shall be permitted
for lots with at least 150 feet but less than 500 feet or more of frontage width.
Lots with 500 feet or more of frontage width shall be allowed a third access
drive.
2. Corner lots with two or more frontages - Access to a collector street shall
be limited to one access drive for lots with frontages of 150 feet or less and two
access drives for lots with frontages over 150 feet but less than 500 feet. Lots
with 500 feet or more of frontage width shall be allowed a third access drive.
Exception: If two or more both streets are of the same classification,
only one street shall be allowed a third access drive. access shall be
determined by the city engineer based on criteria established in the
Engineering Design Standards.
City of Brookings
May 22, 2012
28
3. Local Streets
a. Number of access drives
1. Interior lots with one frontage – One access drive shall be permitted onto any
street that the lot or block abuts. and Two access drives shall be permitted for
lots with at least 150 feet but less than 500 feet or more of frontage width.
Lots with 500 feet or more of frontage width shall be allowed a third access
drive.
2. Corner lots with two or more frontages - One access drive shall be permitted
onto any local street that the lot or block abuts. One additional access drive per
frontage shall may be allowed for lots with over 150 feet of frontage width. by
the city engineer subject to criteria in the Engineering Design Standards.
Section 2.
Any or all ordinances in conflict herewith are hereby repealed.
First Reading: May 22, 2012
Second Reading: June 12, 2012
Published:
CITY OF BROOKINGS, SD
_____________________________
Tim Reed, Mayor
ATTEST:
________________________
Shari Thornes, City Clerk
City of Brookings
May 22, 2012
29
Planning Commission
Brookings, South Dakota
May 1, 2012
OFFICIAL MINUTES
Chairperson Wayne Avery called the regular meeting of the City Planning Commission
to order on Tuesday, May 1, 2012, at 5:30 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 was absent. Also present were Bill Purrington, Jim Rice, Jim
Juntunen, Barb Walder, Robin Schulte, 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 amendments to Chapter 94, Zoning, pertaining
to access drive regulations.
(Cameron/Bailey) Motion to approve the amendments. All present voted aye.
MOTION CARRIED.
SUMMARY OF DISCUSSION
Item #6 – Hanson stated that the amendment was a way to allow commercial and industrial
uses an additional driveway if they had long frontages. Currently, a use with 200 feet of frontage
was allowed the same number of driveways as a use with 1,000 feet. Heuton was concerned
that three (3) driveways within a 500 foot frontage may be too many. However, Hanson
remarked that collector streets have fairly low traffic counts in Brookings so a third access may
have a minimal impact in most cases.
City of Brookings
May 22, 2012
30
First Readings**
13. Ordinance No. 15-12, an Ordinance authorizing a Supplemental
Appropriation to the 2012 Budget for the purpose of providing for
additional funds for the Operation of the City.
Public Hearing: June 12th
**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.
To: Mayor and City Council Members
From: Jeffrey W. Weldon, City Manager
Subject: 2012 Budget Amendment #3
Attached for your consideration is a proposed budget amendment to make
certain line item changes. A few of the significant changes are as follows:
We budgeted for an increase in our workman’s compensation insurance
premiums and property and liability insurance premiums; however, the
percentage increase was less than anticipated for 2012. This reduction in
budgeted expense is being distributed between departments and shifted to
other departments to cover expenses not anticipated at budget time last
year.
We are increasing the council salary lines per Resolution No. 69-12.
We are establishing a fiber optic loop linking the new City-County Building,
Police Department, and the Liquor Store. Through this link we will be able
to communicate and provide services between departments.
We are amending the budget to include additional expenses for the move
to the new building. We will be hiring a temporary intern to assist the
Information Technology Specialist with moving and installing all
computerized equipment and associated technological interfaces. The
intern will also assist with moving the Police Department and Dispatch into
their new offices. Additional money is being budgeted for furniture and
other equipment.
City of Brookings
May 22, 2012
31
The amendment increases revenues by recognizing grant revenue for the
Police Department remodel of the Criminal Investigation Division in the
amount of $15,000 and the Dispatch Area in the amount of $23,815. We
are adjusting the City Hall Remodeling Project to $511,500 as a means of
addressing the contract amounts from the budgeted amount.
As with almost all supplemental budget amendments, we are making line
item adjustments to realign actual expenditures with projected
expenditures and recognizing unanticipated additional revenue such as
grants and insurance discounts. We are not utilizing contingency funds or
additional cash.
City of Brookings
May 22, 2012
32
Ordinance No. 15-12
An Ordinance Authorizing a Supplemental Appropriation to the 2012 Budget
for the Purpose of Providing for Additional Funds for the Operation of the City.
Be It Ordained by the City of Brookings, South Dakota:
Whereas, there is a need to recognize grant revenues which were unanticipated; and
Whereas, the City of Brookings has received in 2012 a discount for by our Workman’s
Compensation Insurance and the Property and Liability Insurance; and
Whereas, it is necessary to distribute the premiums for Workman’s Compensation Insurance
and Property and Liability Insurance; and
Whereas, Resolution No. 69-12 increases council salaries; and
Whereas, it is necessary to remodel City Hall for the Police Department and the Dispatch
Center; and
Whereas, the Street Department needs repairs to the heating system at 602 2nd Street; and
Whereas, there is a need to install a Metro Link between our new City-County Facility, the
Police Department and the Liquor Store; and
Whereas, there are additional furnishings needed; and
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 #3
Revenue Expense
Policy & Adm-City Coucil, City Clerk, City Manager $20,292
Other-Non-Dept, Gen Gov Buildings, IT $84,615 $40,550
Public Safety-Police, Fire, Animal Control $15,000 $65,044
Public Works-Comm Dev, Engineer, Street ($6,088)
Culture & Recreation-Park, Rec, Ice Arena, Pool, Forestry, Library ($20,183)
Total General Government $99,615 $99,615
E-911 $23,815 $23,815
Storm Drainage $1,746
Total Special Revenue $23,815 $25,561
City of Brookings
May 22, 2012
33
All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
First Reading: May 22, 2012
Second Reading: June 12, 2012
Published:
CITY OF BROOKINGS
_________________________
Tim Reed, Mayor
ATTEST:
____________________________
Shari Thornes, City Clerk
Page 1
Budget Ordinance No. 15-12
Amendment #3
May 23, 2012 By Function Amended
Account Number Department Description Detail Budget Budget
101-401-5-101-00 City Council Regular Pay Salary Increase 28,500.00$ 47,446.40$ 18,946.40$
101-401-5-123-00 City Council FICA Resolution 69-12 2,502.00$ 3,848.00$ 1,346.00$
Policy & Adm Expenses 20,292.40$
101-000-4-691-40 Insurance Refund Workman's Comp Insurance Discount -$ 56,711.00$ 56,711.00$
101-000-4-691-40 Insurance Refund Property & Liability Insurance Discount -$ 27,904.07$ 27,904.07$
Other & Nondepartmental Revenue 84,615.07$
101-405-5-920-00 Non-Departmental Furniture & Eqp 50,000.00$ 62,415.00$ 12,415.00$
101-416-5-101-01 Information Tech Temp Pay Intern -$ 4,650.00$ 4,650.00$
101-416-5-120-00 Information Tech FICA Intern -$ 350.00$ 350.00$
101-416-5-428-01 Information Tech Telephone Metro link monthly fee 8,500.00$ 16,635.00$ 8,135.00$
101-416-5-940-00 Information Tech Other Capital-IT Network cables, new bldg 25,000.00$ 27,000.00$ 2,000.00$
101-416-5-950-18 Information Tech Community Dev Code Enforcement Software -$ 3,000.00$ 3,000.00$
101-417-5-940-00 Gen Gov Buildings General Fund/Street Heater Upgrade-602 2nd St -$ 10,000.00$ 10,000.00$
Other & Nondepartmental Expense 40,550.00$
101-421-4-334-09 Police Department Grant Remodel CID 99,448.00$ 114,448.00$ 15,000.00$
Public Safety Revenue 15,000.00$
101-421-5-123-00 Police Group Ins Premium Disb 335,948.00$ 341,143.00$ 5,195.00$
101-421-5-130-00 Police Workman's Comp Premium Disb 53,318.00$ 48,267.00$ (5,051.00)$
101-421-5-421-00 Police Property & Liability Premium Disb 22,927.00$ 22,638.00$ (289.00)$
101-421-5-911-00 Police Building Remodel 364,603.00$ 416,585.00$ 51,982.00$
101-421-5-920-00 Police Furniture & Eqp Remodel/Computers -$ 20,000.00$ 20,000.00$
101-421-5-130-00 Fire Workman's Comp Premium Disb 12,625.00$ 12,295.00$ (330.00)$
101-422-5-421-00 Fire Property & Liability Premium Disb 30,013.00$ 27,370.00$ (2,643.00)$
101-442-5-130-00 Animal Control Workman's Comp Premium Disb 34,351.00$ 30,531.00$ (3,820.00)$
Public Safety Expense 65,044.00$
101-418-5-123-00 Community Develop Group Ins Premium Disb -$
101-418-5-130-00 Community Develop Workman's Comp Premium Disb 3,360.00$ 3,023.00$ (337.00)$
101-419-5-130-00 Engineering Workman's Comp Premium Disb 4,198.00$ 3,964.00$ (234.00)$
101-419-5-421-00 Engineering Property & Liability Premium Disb 6,450.00$ 4,689.00$ (1,761.00)$
101-431-5-130-00 Street Property & Liability Premium Disb 36,249.00$ 32,493.00$ (3,756.00)$
Public Works Expense (6,088.00)$
101-449-5-130-00 Aquatic Center Workman's Comp Premium Disb 9,606.00$ 8,685.00$ (921.00)$
101-449-5-130-00 Aquatic Center Property & Liability Premium Disb 3,009.00$ 7,879.00$ 4,870.00$
101-451-5-130-00 Recreation Workman's Comp Premium Disb 14,470.00$ 2,375.00$ (12,095.00)$
101-451-5-130-00 Recreation Property & Liability Premium Disb 12,628.00$ 1,967.00$ (10,661.00)$
101-452-5-123-00 Parks Group Ins Premium Disb 89,445.00$ 90,457.00$ 1,012.00$
101-451-5-130-00 Parks Property & Liability Premium Disb 17,963.00$ 15,063.00$ (2,900.00)$
101-453-5-130-00 Larson Ice Arena Workman's Comp Premium Disb 3,272.00$ 1,408.00$ (1,864.00)$
101-453-5-130-00 Larson Ice Arena Property & Liability Premium Disb 5,699.00$ 6,434.00$ 735.00$
101-453-5-130-00 Forestry Property & Liability Premium Disb 4,415.00$ 6,333.00$ 1,918.00$
101-455-5-130-00 Library Workman's Comp Premium Disb 2,133.00$ 1,856.00$ (277.00)$
101-455-5-130-00 Library Property & Liability Premium Disb 7,752.00$ 7,286.00$ (466.00)$
Culture & Recreation Expense (20,183.00)$
Total General Fund Revenue 99,615.07$
Total General Fund Expense 99,615.40$
214-000-4-334-09 Dispatch Grant Remodel Dispatch -$ 23,815.00$ 23,815.00$
E-911 Revenue 23,815.00$
214-000-5-911-00 E-911 Building Dispatch Remodel -$ 23,815.00$ 23,815.00$
E-911 Expense 23,815.00$
Total E-911 Revenue 23,815.00$
Total E-911 Expense 23,815.00$
282-000-5-123-00 Storm Drainage Group Ins Premium Disb 8,804.00$ 10,550.00$ 1,746.00$
Storm Drainage Expense 1,746.00$
City of Brookings
May 22, 2012
35
First Readings**
14. Ordinance No. 16-12, an Ordinance Amending Article II of
Chapter 22 of the Code of Ordinances of the City of Brookings
and Pertaining to the Adoption of the 2009 International Building
Code, the 2009 International Residential Code, the 2009
International Mechanical Code, the 2009 International Existing
Building Code and the 2009 International Fire Code with Certain
Amendments Thereto.
Public Hearing: June 12th
**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: Amend Article II of Chapter 22 of the Code of Ordinances
pertaining to adopting the 2009 International Building Code, 2009
International Residential Code, the 2009 International Mechanical Code, the
2009 International Fire Code, and the International Existing Building Code
along with amendments.
Background: The 2006 building code has been in effect and is proposed to
be replaced with the 2009 building codes. In addition, the 2009
International Fire Code will be adopted, thereby superseding the 1997
Uniform Fire Code.
Specifics: It is recommended by the City Engineering Department and the
City Fire Department to adopt the updated codes. The Board of Appeals
held a meeting to discuss the code amendments and the committee
recommended the code changes. Most of the amendments to the current
building code will also amend the 2009 codes. A summary of the
amendments is as follows:
• Under Section 105.2 & R105.2, subsection 1: a building permit
exemption will remain at 120 square feet and we will continue to
require a permit for driveways and decks.
• Section 108.6 & R108.6 & 109.4 is being amended the same as the
current Ordinance. This amendment discusses the Investigation Fee
which is applied for those who do not obtain a Building Permit prior to
beginning the work.
City of Brookings
May 22, 2012
36
• Section R301.2 is being amended to leave the Frost Line Depth at 42
inches. This is the minimum frost depth. Most contractors construct
to a deeper frost line because of window well depths, however, it is
recommended to leave the frost line depth at 42 inches.
• Section R310.5 will again be deleted from the Codes. This section of
the code allows for windows under decks and the City of Brookings
wants to continue to prohibit windows under decks due to fire safety
issues.
• Section R313 will also be deleted as this code states all residential
homes require sprinkler systems. The State of SD has now adopted a
law that doesn’t require this, but it is still in the code section and this
amendment will match the current statute. Section R314.3 (Smoke
Alarms) will be adopted for the 2009 Codes. These changes are in the
current ordinance and will be amend the 2009 codes. Section R903.2
(automatic sprinkler systems) will be the same language as required in
the existing Ordinance. Section 1029.1 Subsection 1 & 2 are being
deleted because the codes say you don’t need escapes or windows
with sprinkler systems.
• Chapter 11 of the IRC codes is being amended to change the r-values
from R-20 to R-19. R-19 is the minimum recommended R value;
however, the construction materials are readily available. In addition,
the R value is increased if you factor in the siding and wall coverings.
R-21 materials are currently available, but are higher priced which may
affect affordable housing construction.
• All amendments to the 2009 Fire Code are covered in the previously
stated amendments.
City of Brookings
May 22, 2012
37
Ordinance No. 16-12
An Ordinance amending Article II of Chapter 22 of the Code of Ordinances of the
City of Brookings and pertaining to the Adoption of the 2009 International Building
Code, the 2009 International Residential Code, the 2009 International Mechanical
Code, the 2009 International Fire Code, and the 2009 International Existing
Building Code with certain Amendments thereto.
Be It Ordained by the City of Brookings that Article II of Chapter 22 of the Code of
Ordinances of the City of Brookings be amended to read as follows:
I.
Article II. Building Code
Sec. 22-31. Adoption.
There is adopted by the Ccity those certain codes known as the 20096 Edition of the
International Building Code, the 20096 International Residential Code, the 20096 International
Mechanical Code, the 2009 International Fire Code and the 20096 International Existing
Building Code, which may be used as an alternate to Chapter 34 of the 20096 International
Building code, as recommended by the International Code Council, collectively referred to as
the “International Building Code”, “building code” or “code”. A copy of the building code is on
file in the office of the City Clerk and is available for inspection.
Sec. 22-32. Conflicts.
In the event of any other conflict between the provisions of the International Building Code
adopted by this article and other provisions of city ordinance, state law or rules or regulations
of the city, the provisions of city ordinance, state law or the rules or regulations of the city shall
prevail and be controlling.
Sec. 22-33. Definitions.
The following words, terms and phrases, when used in the building code adopted in section 22-
31, shall be defined, except where the context clearly indicates a different meaning, as follows:
Municipality means the City of Brookings.
Sec. 22-34. Establishment of office of building official.
The office of building official is created, and the city manager shall designate the executive
official in charge, who shall be known as the building official and whose duties shall be as
outlined in the International Building Code adopted in section 22-31.
Sec. 22-35. Fees; permits.
(a) No permit required by the building code shall be issued until the fee prescribed by
resolution shall have been paid. No amendment to a permit shall be approved until the
additional fee, if any, resulting from an increase in the estimated cost of the building or
structure, shall have been paid.
(b) For the demolition or removal of a building that is furnished with water and/or sewer, a
permit may be granted; provided, however, that in such case, a deposit guaranteeing the
City of Brookings
May 22, 2012
38
abandonment of the water services and guaranteeing the abandonment of the sewer
services shall be deposited at the time of application for such permit, the deposit to be in
an amount to be determined by policy of the utility board. Such deposit, but not the fees,
will be refunded upon completion of the work or the city will arrange for such work at
actual cost, plus ten percent to be paid from such deposit. The demolition or removal
shall be completed within 30 days after the issuance of the permit. If water and sewer
services are to be reused or new services required for a new structure in the immediate
future at the same location, deposits may be waived by the building official.
Sec. 22-36. Amendments.
The following amendments to the building code are adopted and incorporated into the building
code:
Section 105.2 and R105.2. Work exempt from permit, is amended to read as followsby
deleting the following subsection:
Building:
1. One-story detached accessory structures used as tool and storage sheds, playhouses
and similar uses, provided the floor area does not exceed 120 square feet.
2. Fences not over 6 feet (1829MM) high.
3. Retaining walls that are not over 4 feet (1219mm) in height measured from the
bottom of the footing to the top of the wall, unless supporting a surcharge.
4. Water tanks supported directly upon grade if the capacity does not exceed 5,000
gallons (18 927 L) and the ratio of height to diameter or width does not exceed 2 to
1.
5. Sidewalks
6. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
7. Prefabricated swimming pools that are less than 24 inches (610 mm) deep.
8. Swings and other playground equipment.
9. Window awnings supported by an exterior wall which do not project more than 54
inches (1372mm) from the exterior wall and do not require additional support.
Section 105.5 and R105.5 Expiration, is amended by replacing Section 105.5 and R105.5
Expiration as set forth in the International Building Code with the following:
105.5 and R105.5 Expiration. Every permit issued by the building official under the
provisions of this code shall expire by limitation and become null and void if the building
or work authorized by such permit is not commenced within 180 days from the date of
such permit, or if the building or work authorized by such permit is suspended or
abandoned at any time after the work is commenced for a period of 180 days. Before
such work can be recommenced, a new permit shall be first obtained to do so, and the
fee therefore shall be one-half of the amount required for a new permit for such work
provided no changes have been made or will be made in the original plans and
specifications for such and provided further that such suspension or abandonment has
not exceeded one year. In order to renew action on a permit after expiration, the
permittee shall pay a new full permit fee.
City of Brookings
May 22, 2012
39
Any permittee holding an unexpired permit may apply for an extension of the time
within which work may commence under that permit when the permittee is unable to
commence work within the time required by this section for good and satisfactory
reasons. The building official may extend the time required by this section for good and
satisfactory reasons. The building official may extend the time for action by the
permittee for a period not exceeding 180 days on written request by the permittee
showing that circumstances beyond the control of the permittee have prevented action
from being taken. No permit shall be extended more than once.
Every permit issued by the building official under the provisions of this code shall expire
and become null and void if the building or work is not completed within two years for
all occupancies from the date issued.
Section 106.2 Site Plan, under Section 106, Construction Documents, is amended to read as
follows:
Section 106.2 Site Plan
The construction documents submitted with the application for permit shall be accompanied by
a site plan showing to scale the size and location of new construction and existing structures on
the site, distances from lot lines, the established street grades and the proposed finished grades
and erosion and sediment controls in accordance with an accurate boundary line survey. In the
case of demolition, the site plan shall show construction to be demolished and the location and
size of existing structures and construction that are to remain on the site or plot. The building
official is authorized to waive or modify the requirement for a site plan when the application for
permit is for alteration or repair or when otherwise warranted.
The City Engineer may require that the construction documents submitted with the application
for permit be accompanied by a final drainage plan for all projects involving one acre or more of
land area. The final drainage plan shall conform to the city approved Storm Drainage Design
and Technical Criteria Manual. All drainage facilities including storm sewers, on-site detention,
drainage ways, detention basins and detention channels shall be designed in compliance with
approved engineering design standards and the Storm Drainage and Technical Criteria Manual
and are subject to approval of the City Engineer.
Exception: A final drainage plan shall not be required to be submitted with an application to
construct a single-family or two-family dwelling on a lot containing one acre or more of lot
area.
Section R106.2 Site Plan, under Section R106, Construction Documents, is amended to read as
follows:
Section R106.2 Site Plan. The construction documents submitted with the application for
permit shall be accompanied by a site plan showing the size and location of new construction,
erosion and sediment controls in accordance with Chapter 72 of the Code of Ordinances, and
existing structures on the site and distances from lot lines. In the case of demolition, the site
City of Brookings
May 22, 2012
40
plan shall show construction to be demolished and the location and size of existing structures
and construction that are to remain on the site or plot.
Section R108.2 and 109.2, Schedule of permit fees, under Section R108 and 109, Fees, is
amended to read as follows:
108.2 and R108.2 Investigation Fee. An investigation fee, in addition to the permit fee
shall be collected whether or not a permit is then or subsequently issued. The
investigation fee shall be equal to the amount of the permit fee required by this code.
The minimum investigation fee shall be the same as the minimum fee set forth in section
R108. The payment of such fee shall not exempt any person from compliance with all
other provisions of this code nor from any penalty prescribed by law.
Section 112.1 and R112.1, Board of Appeals, General is amended to include the following:
112.1 and R113.1. General. In order to hear and decide appeals or orders, decisions or
determinations made by the building official relative to the application and interpretation
of this code, and to determine the suitability of alternate materials and methods of
construction, there shall be and is created a board of appeals consisting of members
who are qualified by experience and training to pass on matters pertaining to building
construction and who are not employees of the jurisdiction. The building official shall
be an ex-officio member of and shall act as secretary to such board, but shall have no
vote on any matter before the board. The board of appeals shall consist of five
members. Each member shall be appointed for a term of five years. The successors
shall be appointed upon the expiration of the respective terms to serve five years. A
vacancy shall be filled by the mayor with the concurrence of the city council for the
unexpired term of any member who resigns, dies or is removed. The board of appeals
shall elect a chairperson and vice-chairperson from its members. They shall adopt rules
of procedure for conducting the business of the board of appeals, and shall render all
decisions and findings in writing to the appellant with a duplicate copy to the building
official.
112.2 and R112.2. Limitations of authority. The board of appeals shall have no
authority relative to the interpretation of the administrative provisions of this code, nor
shall the board be empowered to waive requirements of this code that pertain to or
affect life safety.
Section R301.2(1) Climatic and Geographic Design Criteria, is amended as follows:
1. Ground Snow Load ................................................................... 40 psf contour
Roof slopes with a rise of three inches (76.2 mm) or less to 12 inches (305 mm) shall be
designed for a full or unbalanced snow load of not less than 30 pounds per square foot
(1.44kN/square meter) of horizontal projection. Where a roof system is designed to slope
less than one-quarter inch (6.35 mm) per 12 inches (305 mm), a surcharge load of not less
City of Brookings
May 22, 2012
41
five pounds per square foot (0.24kN/square meter) in addition to the required live load due
to snow shall be designed for.
Roof slopes with over three inches (76.2 mm) of rise per 12 inches (305 mm) shall be
designed for a full or unbalanced snow load of not less than 25 pounds per square foot
(1.2kN/square meter) of horizontal projection.
Potential unbalanced accumulation of snow at valleys, parapets, roof structures, and offsets
in roofs of uneven configuration shall be considered.
2. Wind Speed 90 mph
3. Seismic Design Category A
4. Weathering Severe
5. Frost Line Depth 42 inches (1,067
mm)
6. Termite Damage Slight to
Moderate
7. Winter Design Temperature -11 Degrees
Fahrenheit
8. Ice Barrier Underlayment Requirement Yyes
9. Air Freezing Index 3,0002,500
10. Mean Annual Temperature 46 degrees
Fahrenheit
Section 1608.1, General, under Section 1608, Snow Loads, is amended to read as follows:
Section 1608.1 General. The building official has determined the minimum roof load to be
40 pounds per square foot ground snow load.
Section R310.1 Emergency escape and rescue required, under Section R310, Emergency Escape
and Rescue Openings is amended to include the following additional subsection:
Section R310.1 Emergency escape and rescue required. Basements and every sleeping room
shall have at least one operable emergency escape and rescue opining. Such opening
shall open directly into a public street, public alley, yard or court. Where basements
contain one or more sleeping rooms, emergency egress and rescue openings shall be
required in each sleeping room, but shall not be required in adjoining areas of the
basement. Where emergency escape and rescue openings are provided, they shall have
a sill height of not more than 48 inches (1118 mm) above the floor….
Section R310.1.1 Minimum opening area. All emergency escape and rescue openings shall
have a minimum net clear opening of 4.6 square feet (0.530m2).
R310.2.1 Ladder and steps. Window wells with a vertical depth greater than 48 inches
(1118mm) shall be equipped with a permanently affixed ladder or steps usable with the
window in the fully open position….
City of Brookings
May 22, 2012
42
Section R 310.5. Emergency escape windows under decks and porches – delete in its entirety.
Section R313, Automatic Fire Sprinkler Systems – delete in its entirety.
Section R314.3313.1 Location, under Section R314313 Smoke Alarms is amended to include the
following additional subsections:
Section R314.3313.1 Location.
4. A smoke detector installed in a stairwell shall be so located as to ensure that smoke
rising in the stairwell cannot be prevented from reaching the detector by an intervening
door or obstruction.
5. A smoke detector installed to detect a fire in the basement shall be located in close
proximity to the stairway leading to the floor above.
6. The smoke detector installed on a story without a separate sleeping area shall be
located in close proximity to the stairway leading to the floor above.
7. Smoke detectors shall be mounted on the ceiling at least four inches (102 mm) from
a wall or on a wall with the top of the detector not less than four inches (102 mm) nor
more than 12 inches (305 mm) below the ceiling.
Section 903.2.87 Group R, under Section 903, Automatic Sprinkler Systems, is amended to read
as follows:
Section 903.2.87 Group R. An automatic sprinkler system installed in accordance with Section
903.3 shall be provided throughout all buildings with a Group R –1 fire area and a Group R-4
fire area with more than eight occupants. An automatic fire extinguisher system shall be
provided throughout all buildings with a Group R-2 fire area of more than two stories in height,
including basements, or having 16 or more dwelling units.
Section 1029.1 General, under Section 1029 Emergency Escape and Rescue is amended by
deleting the following subsections:
1.) In other than Group R-3 occupancies, buildings equipped throughout with an
approved automatic sprinkler system in accordance with Section 903.3.1.1 or
903.3.1.2.
2.) In other than Group R-3 occupancies, sleeping rooms provided with a door
to a fire-resistance-rated corridor having access to two-remote exits in
opposite directions.
Chapter 11 of the International Residential Code: Energy Efficiency is amended as follows:
Table N1102.1: Insulation and Fenestration Requirements by Component.
Under column “Wood Frame Wall R-Value, change R-Value 20 to be R-Value 19.
Delete footnote @-R-values are minimums. U-factors and solar heat gain coefficient (SHGC)
are maximums. R-19 batts compressed in nominal 2X6 framing cavity such that the R value is
reduced by R-1 or more shall be marked with the compressed batt R-value in addition to the
full thickness R-value.
City of Brookings
May 22, 2012
43
II.
Any or all ordinances in conflict herewith are hereby repealed.
First Reading: May 22, 2012
Second Reading: June 12, 2012
Published:
CITY OF BROOKINGS
__________________________
Tim Reed, Mayor
ATTEST:
__________________________
Shari Thornes, City Clerk
City of Brookings
May 22, 2012
44
Board of Appeals
Brookings, SD
May 3, 2012
OFFICIAL MINUTES
Jonathon Meendering called the regular meeting of the Board of Appeals to order (in Spencer
Hawley’s absence) on May 3, 2012 at 9:00 AM in the Community Room at City Hall. Members
present were Mike Clites, Gerald Foster, David Bertelson, and Meendering. Also present were
Building Services Administrator Greg Miller, City Engineer Jackie Lanning, and Deputy Fire Chief
Pete Bolzer. Absent was Spencer Hawley.
The agenda was approved.
Item #2 – (Bertelson/Clites) Motion to approve the agenda. All present voted aye. MOTION
CARRIED
New Business
Item #3 - Election of Chairperson and Vice-chairperson. Foster nominated Spencer Hawley as
Chairperson. (Foster/Meendering) Motion to approve nomination. All present voted aye.
MOTION CARRIED
Meendering nominated David Bertelson as Vice-Chair. (Meendering/Clites) Motion to approve
nomination. All present voted aye. MOTION CARRIED
Item #4 – Approval of Adoption of 2009 Codes (Meendering/Clites) Motion made to adopt the
2009 Codes. All present voted aye. MOTION CARRIED
Item #5 – Approval of amendments to the 2009 International Building Code and International
Residential Code (Meendering/Bertelson) Motion to approve amendments with changes to
Section 903.2.8 to read 16 or more dwelling units rather than 15. MOTION CARRIED
Item #6 – Approval of amendments to the 2009 International Fire Code. These are all being
covered by Item #5, Approval of amendments. No motion required.
Item #7 – Discussion items. The window amendments which were previously adopted by
ordinance need to be included as an amendment to the adoption of the 2009 codes.
(Meendering/Bertelson) Motion to amend the previous motion for “Approval of Amendments”
to include the current window amendments to Section R310.1. All present vote aye.
MOTION CARRIED.
The meeting was adjourned.
Lana Schwartz, Secretary Jonathan Meendering, Chairperson
City of Brookings
May 22, 2012
45
SUMMARY OF DISCUSSION
Item #3- Election of officers took place. Gerald Foster nominated Spencer Hawley to be
Chairperson. Jon Meendering nominated David Bertelson for Vice-Chairperson. All present
voted aye. MOTION CARRIED.
Item #4 – Approval of Adoption to the 2009 Codes. Greg Miller explained that the 2009
International Building Codes are more modern than the 2006 codes. 2012 Codes are available
to adopt but City of Brookings isn’t ready for the 2012 changes yet. Current contractors will
be able to easily adjust to the 2009 codes without any trouble. All present voted for the
Approval of the Adoption of the Codes. MOTION CARRIED.
Item #5 – Approval of changes/amendments to the 2009 Codes. Greg explained and detailed each
change to the 2009 Codes. Currently Ordinance No. 13-08 is in place to apply these amendments
to the 2006 Codes. However with the adoption of the 2009 Codes, these amendments need to
be adopted to correspond with the 2009 code book sections.
Under Section 105.2 & R105.2, subsection 1 will remain at 120 square feet and subsection 10 has
been added as the City of Brookings does require a building permit for decks.
Section 108.6 & R108.6 & 109.4 is being amended the same as the current Ordinance. This
amendment discusses the Investigation Fee which is applied for those who do not obtain a Building
Permit prior to beginning the work.
Section R301.2 is being amended to leave the Frost Line Depth at 42 inches. Greg explained that
this is the minimum frost depth. Most people construct to a deeper frost line because of window
well depths, however, it is recommended to leave the frost line depth at 42 inches.
Section R310.5 will again be deleted from the Codes. This section of the code allows for windows
under decks and the City of Brookings wants to continue to prohibit windows under decks due to
fire safety issues.
Section R313 will also be deleted as this code states all residential homes require sprinkler
systems. Greg explained that the State of SD has now adopted a law that doesn’t require this,
but it is still in the code section and this amendment will match the current statute. Section
R314.3 (Smoke Alarms) will need to be adopted for the 2009 Codes. These changes are in the
current ordinance and will be amend the 2009 codes. Section R903.2 (automatic sprinkler
systems) needs to read exactly like the Ordinance to the 2006 Codes. The amendment that was
discussed states an automatic fire extinguisher system shall be provided for buildings having 15 or
more dwelling units, however, this was a typographical error and should state the requirement is
for 16 or more dwelling units. Section 1029.1 Subsection 1 & 2 are being deleted because the
codes say you don’t need escapes or windows with sprinkler systems.
Chapter 11 of the IRC codes is being amended to change the r-values. Jon questioned why we
would change this and lower it. The industry is going to continue to change and the R values will
continue to be higher. Greg explained that this is a minimum R value and many builders people
City of Brookings
May 22, 2012
46
will still use a higher rating. R-21 currently is available but not available at Brookings retailers.
Members questioned the cost difference and the cost is nearly triple for R-21 per research by
John. Greg also mentioned the R19 is affordable for Habitat and ICAP homes. He also described
there is R value in siding and wall coverings so the actual R value is higher than R-19.
All submitted amendments were approved. All present voted aye. MOTION CARRIED.
Item #6 – Approval of amendments to the 2009 Fire Code. Pete explained that all the changes
were covered in the Building Code amendments and he agreed with the proposed amendments.
Item #7 – Discussion Items. Dave questioned if the current amendments to Section R310.1
(Emergency Escapes and Rescue required), R310.1.1 (Minimum opening area), and 310.2.1 (Ladder
and steps) were going to be adopted into the new Ordinance. Miller explained that he forgot to
put these into the amendments. The members agreed this needs to be added to the ordinance. A
motion was made to amend the previous motion of Item #5 to include the window amendments.
All present voted aye. MOTION CARRIED.
City of Brookings
May 22, 2012
47
Second Readings / Public Hearings
15. Public hearing and action on Ordinance No. 12-12, an Ordinance
Amending the Zoning Ordinance of the city of Brookings and
pertaining to Land Use Classification Procedures for the purposes
of Administration of the Zoning Ordinance.
Proposal: Establish an option for posting signs on large land areas.
Background: Local public notification procedures for rezonings involve
three steps. State law only requires legal notice in the local newspaper at
least the (10) days prior to a public hearing. The city, in contrast, also
informs neighbors with a courtesy letter and requires, by ordinance, the
posting of a zoning notice on each property to be rezoned.
Specifics: The amendments would make it more manageable and cost less
to post large areas that were under consideration for a rezoning. As long
as the city continues to mail courtesy letters regarding public hearings,
interested parties are informed.
Recommendation: The Planning Commission voted 7 yes and 0 no to
recommend approval of the amendments.
City Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City of Brookings
May 22, 2012
48
Ordinance No. 12-12
An Ordinance amending the Zoning Ordinance of the City of Brookings and
pertaining to Land Use Classification Procedures for the purposes of
Administration of the Zoning Ordinance.
Be it ordained by the Council of the City of Brookings, State of South Dakota: that Chapter 94,
Zoning, shall be amended as follows:
Section 1. Article I. IN GENERAL
Section 94-7. Amendments
(d) Planning Commission Hearing.
(1) Application; setting of dates; notice. Upon the filing of an application for a request of
zoning district classification change with the Zoning Officer, accompanied by the deposit in
the manner prescribed in Chapter 66 of this Code, the Zoning Officer shall set a date for
public hearing. The date for a public hearing shall be a day when the Planning Commission
is regularly scheduled to meet, as determined by the rules, policies and regulations adopted
by the Planning Commission. Public notice for this meeting and changes to be considered
shall be given once at least ten days in advance by publication in a legal newspaper of the
municipality. Any interested person shall be given a full, fair, and complete opportunity to
be heard at the hearing.
(2) Signs to be posted. Signs indicating the date, time, and location of the public hearing
shall be posted on the property for a continuous period of seven (7) days immediately
prior to any public hearing held by the Planning Commission to consider any rezoning
application. Said signs shall be furnished by the city and posted by the applicant in the
numbers and locations prescribed by the Zoning Administrator Officer. Signs may also
be posted by the Zoning Administrator or his designee.
Exception: If the land requested to be rezoned contains multiple owners who
own property within a block, or group of contiguous blocks, signs may be posted
at the intersection corner of each block.
Section 2. Any or all ordinances in conflict herewith are hereby repealed.
First Reading: May 8, 2012
Second Reading: May 22, 2012
Published: May 25, 2012
CITY OF BROOKINGS, SD
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City of Brookings
May 22, 2012
49
Planning Commission
Brookings, South Dakota
May 1, 2012
OFFICIAL MINUTES
Chairperson Wayne Avery called the regular meeting of the City Planning Commission
to order on Tuesday, May 1, 2012, at 5:30 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 was absent. Also present were Bill Purrington, Jim Rice, Jim
Juntunen, Barb Walder, Robin Schulte, City Engineer Jackie Lanning, Community Development
Director Mike Struck, Planning and Zoning Administrator Dan Hanson and others.
Item #8 – The City of Brookings has submitted amendments to Chapter 94, Zoning, pertaining
to land classification procedures.
(Heuton/Cameron) Motion to approve the amendments. All present voted aye.
MOTION CARRIED.
SUMMARY OF DISCUSSION
Item #8 – The amendments provided updated terminology and an option for posting rezoning
notices when the land area under consideration was large or had multiple owners. The posting
of signs was a local ordinance requirement and was not required by State law.
City of Brookings
May 22, 2012
50
Second Readings / Public Hearings
16. Action on a Temporary On-Sale Liquor License for Ray’s Corner
for a wedding dance at 300 5th Street South (National Guard
Armory) on June 30, 2012.
City Council action is required to approve a Temporary On-Sale Liquor
License for Ray’s Corner for a wedding dance to be held at 300 5th Street
South (National Guard Armory) on June 30, 2012. All required documents
have been submitted. Staff recommends approval.
Notice of Public Hearing
On Application for Temporary Liquor Licenses
NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of Brookings,
South Dakota, on May 22, 2012, at 6:00 p.m. in the City Council Chambers, 311 Third Avenue,
City of Brookings, will meet in regular session to consider a Temporary Liquor License for a
wedding dance at 300 5th Street South (National Guard Armory) on June 30, 2012. NOTICE IS
FURTHER GIVEN that any person, persons of the attorney, may appear and be heard at said
scheduled public hearing who are interested in the approval or rejection of any such
application. Dated at Brookings, South Dakota, this 14th day of May, 2012.
Shari Thornes, City Clerk
Published one time at an approximate cost: $ .
City Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City of Brookings
May 22, 2012
51
Second Readings / Public Hearings
17. Action on a Temporary On-Sale Liquor License for Ray’s Corner
for the Spc. Dennis Jensen Memorial Poker Run and Street Dance
Fundraiser at 401 Main Ave. on June 9, 2012.
City Council action is required to approve a Temporary On-Sale Liquor
License for Ray’s Corner for the Spc. Dennis Jensen Memorial Poker Run
and Street Dance Fundraiser at 401 Main Ave. on June 9, 2012. All
required documents have been submitted. Staff recommends approval.
Notice of Public Hearing
On Application for Temporary Liquor Licenses
NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of Brookings,
South Dakota, on May 22, 2012, at 6:00 p.m. in the City Council Chambers, 311 Third Avenue,
City of Brookings, will meet in regular session to consider a Temporary Liquor License for Spc.
Dennis Jensen Memorial Poker Run and Street Dance Fundraiser at 401 Main Ave. on June 9,
2012. NOTICE IS FURTHER GIVEN that any person, persons of the attorney, may appear and
be heard at said scheduled public hearing who are interested in the approval or rejection of any
such application. Dated at Brookings, South Dakota, this 14th day of May, 2012.
Shari Thornes, City Clerk
Published one time at an approximate cost: $ .
City Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City of Brookings
May 22, 2012
52
Second Readings / Public Hearings
18. Public Hearing and action on Annual Alcohol Malt Beverage
License Renewals.
Enclosed for Council review and action are the On and Off Sale Malt
Alcohol License renewals for fiscal year 2012 (7/1/2012 to 6/30/2013).
Action by the governing body is required on all alcoholic beverage licenses.
After Council action, applications will be forwarded to the State
Department of Revenue for final action and issuance of licenses.
On-Off Sale Malt (retail)
Aramark/McCrory Gardens Education & Visitors Center, 6th Street & 22nd Ave.
Boss’ Pizza & Chicken, 420 Main Ave.
BraVo’s, 610 Medary Ave.
Brookings Softball Assoc. (Southbrook Softball Diamonds), 2800 22nd Ave. So.
Carpy’s Pub, 700 22nd Ave. So.
Casino 2000, 622 25th Ave.
The Clothes Line Lounge, 727 Wilson Ave.
Cottonwood Bistro, 1710 6th St.
Cubby’s Sports Bar & Grill, 307 Main Ave.
Danny’s, 703 Main Ave. So.
EdgeBrook Golf Course, 1415 22nd Ave. So.
Gas N Mor, 600 6th St.
George’s Pizza & Steakhouse, 311 Main Ave.
Gonz Production, Inc. (Main Street Pub), 408 Main Ave.
Guadalajara, Village Square Mall #1
Old Sanctuary, 928 4th St.,
Oly’s Neighborhood Pub & Grill, 725 Main Ave. So.
Pizza Hut #2769, 418 6th St.
PNP Pub, 318 2nd St. So.
Ray’s Corner, 401 Main Ave.
Schoon’s PNP Pub South, 1203 Main Ave. So.
Sixth Street Diner, 223 6th St.
Skinner’s Pub, 300 Main Ave.
South Main Diner, 615 Main Ave. So.
Sun-Dried Tomato Pizzeria, 417 Main Ave.
Swiftel Center, 824 32nd Ave.
Taste of Europe, 1300 Main Ave. So. (Italian Garden)
Wooden Legs Brewing Co., 311 5th St.
Off-Sale Malt (package)
BP of Brookings, Inc., 2420 6th St.
CHS (dba Zip Trip #63), 1005 6th St.
City of Brookings
May 22, 2012
53
CHS (dba Zip Trip #64), 3045 LeFevre Dr.
El Tapitio, Inc., 1717 6th St.
Fireside Inc., 2515 E. 6th St.
Gas N Mor, 600 6th St.
Hy-Vee Food Store, 700 22nd Ave.
Hy-Vee Gas, 716 22nd Ave. So.
Jim’s Tap, 309 Main Ave.
Newman’s Kerr McGee, 503 6th St.
Sully’s Irish Pub, 421 Main Ave.
Schoon’s Pump-n-Pak, 202 S. Main Ave.
Wal-Mart Supercenter #1538, 2233 6th St.
Off-Sale Malt and Farm Wine (package)
Casey’s General Store #2419, 534 22nd Ave. So.
Casey’s General Store #1694, 620 8th St. So.
Casey’s General Store #2198, 122 West 6th St.
City Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City of Brookings
May 22, 2012
54
Second Readings / Public Hearings
19. Public hearing and action on an On-Sale Malt Beverage License
renewal with a legal description change for Carpy’s Pub, Roger
and Verla Carpenter, owners, 700 22nd Avenue South, legal
description: E 77.5’ of the W 145’ and the N 32’9” of the S 655’
and the E30’ of the W 137’ of the N 2’ of the S 679’ of Lot 2,
Brookings Mall Addition.
Enclosed for Council review and action is a On and Off Sale Malt Alcohol
License renewal for fiscal year 2012 (7/1/2012 to 6/30/2013) with a legal
description change for Carpy’s Pub, Roger and Verla Carpenter, owners,
700 22nd Avenue South, legal description: E 77.5’ of the W 145’ and the N
32’ 9” of the S 655’ and the E30’ of the W 137’ of the N 2’ of the S 679’ of
Lot 2, Brookings Mall Addition. Earlier this year, Carpy’s Pub relocated to
the west side of the Brookings Mall. This legal description modification will
allow for an outdoor area adjacent to the business.
A public hearing and action by the governing body is required on any
changes to an alcohol beverage license. After Council action, this
application will be forwarded to the State Department of Revenue for final
action and issuance of license.
NOTICE OF PUBLIC HEARING
On-Off Sale Malt License – Carpy’s Pub
NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of Brookings,
South Dakota, on May 22, 2012 at 6:00 p.m. in the City Council Chambers, 311 Third Avenue,
City of Brookings, will meet in regular session to consider a 2011-2012 On-Off Sale Malt
License renewal with legal description change for Carpy’s Pub, Roger and Verla Carpenter,
owners, 700 22nd Avenue South, legal description: E 77.5’ of the W 145’ and the N 32’9” of the
S 655’ and the E30’ of the W 137’ of the N 2’ of the S 679’ of Lot 2, Brookings Mall Addition..
At which time and place all persons interested will be given a full, fair and complete hearing
thereon.
Dated at Brookings, South Dakota, this 11th day of May, 2012.
Shari Thornes, City Clerk
Published one time at an approximate cost $ .
City Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City of Brookings
May 22, 2012
55
20. Adjourn