HomeMy WebLinkAbout2012_06_12 CC PKT1
Brookings City Council
Tuesday, June 12, 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. Staff report on 7th Avenue and 15th Street Improvement Project.
2. Study Session Format Proposal.
3. City Council Member Ex-Officio Reports.
4. Joint Powers Board members’ Report.
5. City Council member introduction of topics for future discussion. *
6. 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. 80-12, a Resolution awarding the sale of 1987 Hyster
Rubber Roller for Street Department.
d. Action on Resolution No. 81-12, a Resolution awarding the sale of 1994 BoMag
Steel Face Roller for Street Department.
e. Action on Resolution No. 82-12, a Resolution declaring abandoned bicycles as
surplus property.
f. Action on Resolution No. 87-12, a Resolution declaring surplus property of a
1985 Chevy Caprice Station Wagon, VIN #1G1BN35H9FX128515.
Motion to Approve, Request Public Comment, Roll Call
City of Brookings
June 12, 2012
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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. Annual State of the City Message by Mayor Tim Reed.
Contracts and Change Orders
9. Action to approve various City/County Government Center Change Orders.
Action: Motion to Approve, Request Public Comment, Roll Call
10. Action on Resolution No. 83-12, a Resolution Awarding Bids on Project 2012-03SSI
North Nelson Storm Water Detention Pond Project.
Action: Motion to Approve, Request Public Comment, Roll Call
11. Action to approve Resolution No. 84-12, a Resolution authorizing Change Order No. 1
(CCO#1) for 2012-09STI 25th Avenue and 10th Street Construction Project.
Action: Motion to Approve, Request Public Comment, Roll Call
Second Readings & Public Hearings:
12. Public hearing and action on Resolution No. 85-12, a Resolution authorizing the Sale of
Surplus Real Estate to Brian Poppen, concerning the following described surplus real
property consisting of a residential home located at 368 22nd Avenue South in the City
of Brookings and described as Lot Fifteen (15) in Block Twelve (12) of East Acres
Second Addition to the City of Brookings, County of Brookings, State of South Dakota.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
13. Public hearing and action on 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.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
14. Public hearing and action on 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.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
15. Public hearing and action on 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.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City of Brookings
June 12, 2012
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16. Public hearing and action on 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.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
17. Public hearing and action on Resolution No. 86-12, a Resolution of Intent to lease to
Civil Air Patrol, Inc. (Airport Terminal).
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Other Business
18. Action to approve a “commemorative” name for 8th Street South as “Bobcat Path.”
Action: Motion to Approve, Request Public Comment, Roll Call
19. TABLED ITEM: Action on Resolution No. 43-12, a resolution Amending the City of
Brookings Vision 2020 Comprehensive Plan Future Land Use Plan (South Campus
Neighborhood District Plan) Amendment to include the area from Medary Ave. to 14th
Ave. and from 6th St. to 7th St. (Legal Description: Blocks 1 and 6 of Randi Petersons,
Blocks 1, 2 and 3 of Sandersons Addition).
Action: Motion to remove from table, Request Public Comment, Roll Call
20. TABLED ITEM: Passengers on Tractors in Parades.
Action: Motion to remove from table, Request Public Comment, Roll Call
21. Presentation of revised Visitor Promotion Strategy and re-organization.
Action: Informational
22. Consider authorization of issuance of a Request for Proposal for hotel developers.
Action: Motion to Approve, Request Public Comment, Roll Call
23. Discussion and possible action on Master Drainage Plan Project Priority List.
Action: Motion to Approve, Request Public Comment, Roll Call
24. Appointment of Deputy Mayor.
Action: Motion to Approve, Request Public Comment, Roll Call
25. Appointment of Ex-Officios.
Action: Motion to Approve, Request Public Comment, Roll Call
26. Adjourn.
City of Brookings
June 12, 2012
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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
June 12, 2012
5
5:00 p.m. WORK SESSION
Work sessions are open to the public. During the work session the city staff would brief the council on items for
that particular meeting, introduce future topics, and provide a time for Council members to introduce topics.
1. Staff report on 7th Avenue and 15th Street Improvement Project.
TO: Mayor and City Council Members
FROM: City Manager Jeff Weldon
City Engineer Jackie Lanning
RE: 7th Avenue South & 15th Street South
The Brookings City Council held a discussion regarding the potential of a public
improvement assessment project for completion of 7th Avenue South and 15th Street
South. After the discussion, the City Council asked for more information and are
providing the following:
Project Background
Currently, existing 7th Avenue South and 15th Street South are dead end streets. Our
Master Street Plan provides for the completion of these two streets and their
intersection as well as the necessary installation of a sanitary sewer in 7th Avenue South
and water main on 7th Avenue and 15th Street South. The installation of this
infrastructure could be done at such time as sufficient right-of-way is dedicated and it is
financially viable to do so to assessable parties.
The necessary right-of-way for 15th Street South has not yet been dedicated by the
property owner (Costello Properties) and would not be dedicated until such time as the
owner plats the property. Recent conversations with the owner have indicated they are
not ready to dedicate sufficient right-of-way for the street. While the use of eminent
domain is a possibility, it has not been our practice to condemn or purchase right-of-
way for streets where the property has a clear and distinct benefit from the
improvement which is the case with this street right-of-way.
It is the opinion of staff this improvement project would need to be financed by
assessments since its completion has a “special” benefit to the neighboring properties
and does not constitute a “general” benefit to the overall community. The City is a
major property owner subject to such an assessment as the owner of McClemans Park
and the Pheasant Nest parcel, which will be comprised of a drainage pond currently
under construction and a future dog park. Four other property owners with frontage
along the future 7th Avenue South have submitted a petition dated 2009 asking the City
to install 7th Avenue South and 15th Street South. It should be noted the Costello
property was not among the four signors to the petition. The estimated cost of this
entire improvement project is approximately $1 million.
It should be noted the petition only indicates property owner support for the project,
and does not require the City to undertake the project. The petition is a request to the
City to initiate an assessment by a public hearing followed by passage of a Resolution of
City of Brookings
June 12, 2012
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Necessity for the project. Only municipalities can initiate an assessment process. It
takes a written protest by owners of more than 55 percent of the frontage of the
property to be assessed to overturn a City’s decision to pursue an assessment. Under
the petition for the 15th Street South/7th Avenue South project, the private property
owners own an aggregate of 1,694.18 front feet, Costello 1,822.9 front feet and the City
1,732.62 front feet.
Given the fact Costello is not ready to dedicate the street right-of-way, the inability to
complete this portion of the project appears to be academic at this point. Since the
ability to complete 15th Street appears to be improbable for now, the Council discussed
the possibility of undertaking a portion of the project as a ‘reduced scope’. Under this
option, the north portion of 7th Avenue South would be installed from 12th Street south
and dead end at the north property line of the Costello/McClemans Park parcels. In
order to do this, the sanitary sewer would need to be installed in 7th Avenue South, but
extend through the Costello property and McClemans Park to connect with an existing
sanitary sewer line where 7th Avenue South and 15th Street South intersect. Costello
would only need to dedicate sufficient easement for the sanitary sewer line and not any
street at this time. However, Costello would need to dedicate a temporary
construction easement along with the perpetual utility easement for the installation of
the sewer line, all of which likely would occur entirely within the future street right-of-
way.
In this scenario, 7th Avenue South would still be a dead end street at McClemans Park
but it would provide street access to three of the four petition signors as well as the
future dog park. Private property owners would entail street frontage of 808.2 feet
while the City owns 986.1 feet of frontage along 7th Avenue South. It is the opinion of
staff such access is not necessary to the future dog park as pedestrian access exists from
McClemans Park and Pheasant Run Road.
As part of examining this ‘reduced scope’ option, staff was further directed to
investigate the willingness of Costello to dedicate sufficient easement for the sanitary
sewer with a deferred assessment on the sanitary sewer until the Costello property is
platted. The result of that inquiry is detailed in (1) below.
Further, staff was directed to investigate the installation of temporary drainage
improvements at the north end of existing 7th Avenue South until such time as 7th
Avenue South would be built; as well as a trail extension along the southern end of the
future 7th Avenue South. Those items are discussed below in (3) and (4) respectively.
Finally, staff was directed to investigate with BMU the method of financing for the sewer
line. That item is discussed below in (5).
Analysis of Pertinent Issues:
1. Possibility of obtaining a utility easement and deferred assessment to be able to
install sanitary sewer on 7th Avenue South through the Costello property:
Community Development Director Mike Struck contacted Thomas Costello.
City of Brookings
June 12, 2012
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Mr. Costello indicated they are open to discussing the potential sanitary sewer
easement and deferred sanitary sewer assessment but gave no further details.
2. Possibility of installing the street for 7th Avenue South from 12th Street South to
the south approximately 900’ (north property line of the Costello property: The
City would need to hold a public hearing and adopt a resolution of necessity to
begin the assessment process. The estimated cost to construct the northern
900’ of 7th Avenue South is approximately $450,000. Only a portion of this cost
would be recovered into the City Assessment Fund due to the City funding 50
percent of the front footage cost along the Pheasant Nest Park, as well as
funding the City’s share for extra width and thickness. Staff analyzed the Capital
Improvement Plan against the cash balances of the Assessment Fund and the
Public Improvement Fund. The City committed to constructing 25th Avenue as a
deferred assessment as well as committing to constructing 32nd Avenue which
will be partially assessed. Both of these projects have put the Assessment Fund
and the Public Improvement Fund (75 percent second penny) in significant cash
flow constraints, whereby the City will not be able to cash flow the 7th Avenue
South construction in 2013.
3. Possibility of installing a temporary trail and temporary culvert on 7th Avenue
South: The first step of any construction in the 7th Avenue South/15th Street
South intersection area is to have the wetlands delineated. Any construction in
this area will require a Corps of Engineers 404 permit since wetlands will be
disturbed. In addition, a temporary culvert would need to be sized for a certain
sized storm event which has not been determined at this point. A 404 permit
would also be required to construct the temporary bike trail since the trail
would require filling or disturbing of the wetlands. What’s more, the bike trail
along 7th Avenue South is not identified in the Park Master Plan nor is it
budgeted. The City does have good bike trail access between Main Avenue and
Medary Avenue, just north of 15th Street South, with a connection trail to
McClemans Park. This trail will eventually connect with a future sidewalk on 15th
Street South and 7th Avenue South.
4. Drainage issues associated with the street project: A drainage plan would need
to be developed for the 7th Avenue South street project. It is anticipated storm
sewer would be required for a portion of the street, which would be sized
according to City standards. Other drainage issues include delineating the
wetlands, submitting a 404 permit, developing a mitigation plan and constructing
the new wetlands on a mitigation site as required under the permit. All of these
steps would need the assistance of a consulting engineer and time to obtain the
proper permits.
5. Costs of sanitary sewer line: Staff has inquired with BMU about the sanitary
sewer line which is included in the $1 million total project estimate. Currently,
BMU policy is that such line would need to be assessed as a ‘special benefit’
improvement and would not be a ‘general benefit’ to overall community, thus
City of Brookings
June 12, 2012
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necessitating an assessment in the same manner as the street by the City. If the
City Council wishes to request BMU for an exception to that policy for a
different finding method of financing for the sanitary sewer line, the Council will
need to take that issue up with the BMU board.
Summary of Conclusions:
A. It is the opinion of staff we should not undertake a $450,000 construction
project to build a dead-end street (north end of 7th Avenue South). We should
wait and construct the street at such time as we can make through-street
connections. Building this dead end street does nothing to advance the City’s
overall transportation plan.
B It is important to not underestimate the complexities of drainage and wetlands
associated with this project even though it is a small area. We simply cannot
install a culvert, top-fill it, and expect it to function properly. A policy
determination will need to be made whether such storm drainage and wetland
mitigation as described here is a City responsibility or private property owner
responsibility under the Drainage Code.
C. Staff has visited with three of the petition signors and their level of interest in
the project can be described, in my opinion, as only tepid support and not
wanting to oppose the project if the City wishes to pursue it. All three parcels
along the 7th Avenue South right-of-way are zoned B-3. Depending upon the
intensity of the eventual build-out, as an alternative, the City could allow them to
construct a private gravel-surface drive on the 7th Avenue South right-of-way as a
means of access until such time as 7th Avenue South is constructed.
D. Perhaps most importantly, as an assessment project, the City will need to front
100 percent of the project cost and recover assessments over time. With 2012-
13 commitments to other projects, specifically 25th Avenue, 32nd Avenue, 11th
Street, and the Bel Brands Digester, our fund balances cannot afford this project,
even though we have again deferred 20th Street South and Main Avenue South
yet another year.
Staff Recommendation:
Based on this, staff recommends we forgo this project and revisit it in 2014 or at such
time as the sufficient right-of-way is provided for 15th Street South and 7th Avenue
South; and the assessment/public improvement funds can adequately finance the project.
The revised Capital Improvement Plan which will be submitted to the City Council for
discussion at the June 26th meeting will reflect this recommendation. With the other
financial commitments and higher priorities for capital investment funding, this project
should be deferred.
City of Brookings
June 12, 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. Study Session Format Proposal.
Pursuant to discussions of the City Council’s recent goal-setting session, staff has been
exploring format changes for work sessions. The following are proposed changes for
Council consideration:
1) Name Change. Staff recommends changing the name from Work Session to
Study Session. “Study” implies that it’s for educational purposes and no action
will occur.
2) Definition & Purpose. Study sessions are a common way for governing bodies to
manage the time of formal meetings more effectively. By conducting the
majority of the discussion at a study session, time allotted during the regular
council meeting can be reserved for public input and formal decision-making.
Certain issues before the council are also more complicated than others and
require extra time and in-depth discussion that is difficult to accommodate in a
regular council meeting.
Study sessions can also provide opportunities for Council and staff to review
details and options regarding various businesses that will be brought to Council
for their action at future meetings.
Purposes include:
Educational information about previously agreed upon issues.
Receive progress reports on current projects.
Review pending items.
In depth policy discussions.
Receive presentations from staff, volunteer boards, and community groups.
3) General Rules
Open to the public.
All meetings will be televised, pursuant to city policy.
Meetings will be in the City & County Government Center Community
room.
Seating and tables will be arranged in a “U” shape to facilitate open dialogue.
A quorum of the Council is required to hold a study session.
The Mayor presides over the meeting.
No motions would be taken at a study session.
Public input is not allowed, unless specifically invited on a special issue.
Meetings are considered regular in nature and not subject to special meeting
stipend pursuant to Resolution No. 110-10.
City of Brookings
June 12, 2012
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4) Frequency/Day/Time
Eliminate current bi-monthly 5:00 p.m. work session that precedes a regular
meeting.
One study session monthly or as needed. Identify minimum topics/time to
warrant meeting.
Third Tuesday of the month, unless council meeting schedule is already
altered due to holiday, election or other. The first Tuesday conflicts with
City Planning Commission at 5:00 p.m. and County Commission’s anticipated
night meeting at 7:00 p.m.
Start at 5:00 p.m.
Recommend skipping or combining with regular meetings in January
(Retreat), August (budget hearings) and December (holidays)
5) Implementation Date. Staff recommends starting Study Sessions on September
18, 2012. August is dedicated to budget hearings and staff is gone the third
Tuesday in July.
6) Agenda; process, content
Same deadlines as regular meeting. Tuesday prior at 5:00 p.m. for all agenda
topics and supporting materials, including PowerPoint and other
presentations.
Topics are previously agreed upon issues.
Council will receive an abbreviated agenda packet with supporting materials.
7) Meeting Format
o Convene
o Reports
o Subjects for discussion/education
Staff presentation
Council questions for City Manager
Council general comments
Identify item(s) to return to Council for consideration or
adoption at later date
o Identify topics for future study sessions
o Adjournment
8) Financial Impact. The City Clerk estimates additional meetings at a rate of $500-
$800 per meeting ($6,000-$9,500 per year), not including other departmental
staff time or equipment usage.
City of Brookings
June 12, 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. 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
June 12, 2012
13
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. Joint Powers Board 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
June 12, 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. 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
June 12, 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. Review of Council Agenda, Invites and Obligations.
Date
Day Event &
Brief Description
Time Location / Town /
Address /
Directions
June 26 Tuesday Council Meeting 5:00 p.m. Chambers
June 27 Wednesday
Brookings City/County
Gov’t Center Dedication
Ceremony & Reception
3:30 VIP Tours
4:30 Photos
5:00 Program
5:30-7:00 Reception &
Self-Guided Tours
520 3rd St.
June 28 Thursday
Bel Brands
Groundbreaking
Ceremony
11:00 Groundbreaking
11:45 Reception @
McCrory Gardens
July 10 Tuesday Council Meeting 5:00 p.m. Chambers
July 24 Tuesday Council Meeting 5:00 p.m. Chambers
August 14 Tuesday Council Meeting 5:00 p.m. Chambers
August 28 Tuesday Council Meeting 5:00 p.m. Chambers
September 11 Tuesday Council Meeting 5:00 p.m. Chambers
September 13 Thursday Mayor’s Volunteer
Appreciation Reception 5:00 – 7:00 p.m. Performing Arts
Center
September 20-22 Thursday-
Saturday NLC Leadership Summit Charlotte, NC
September 25 Tuesday Council Meeting 5:00 p.m. Chambers
October 9 Tuesday Council Meeting 5:00 p.m. Chambers
October 23 Tuesday Council Meeting 5:00 p.m. Chambers
November 13 Tuesday Council Meeting 5:00 p.m. Chambers
November 27 –
December 1
Tuesday-
Saturday NLC – Congress of Cities Boston, MA
December 4 Tuesday Council Meeting 5:00 p.m. Chambers
December 6 Thursday Mayor’s Holiday Party 5:00 – 7:00 p.m. McCrory Gardens
Visitor Center
December 18 Tuesday Council Meeting 5:00 p.m. Chambers
16
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. 80-12, a Resolution awarding the sale of 1987 Hyster
Rubber Roller for Street Department.
d. Action on Resolution No. 81-12, a Resolution awarding the sale of 1994 BoMag
Steel Face Roller for Street Department.
e. Action on Resolution No. 82-12, a Resolution declaring abandoned bicycles as
surplus property.
f. Action on Resolution No. 87-12, a Resolution declaring surplus property of a 1985
Chevy Caprice Station Wagon, VIN #1G1BN35H9FX128515.
5. Items removed from Consent Agenda.
Open Forum/Presentations/Reports
6. Open Forum.
7. SDSU Student Senate Report.
8. Annual State of the City Message by Mayor Tim Reed.
Contracts and Change Orders
9. Action to approve various City/County Government Center Change Orders.
Action: Motion to Approve, Request Public Comment, Roll Call
10. Action on Resolution No. 83-12, a Resolution Awarding Bids on Project 2012-03SSI
North Nelson Storm Water Detention Pond Project.
Action: Motion to Approve, Request Public Comment, Roll Call
11. Action to approve Resolution No. 84-12, a Resolution authorizing Change Order No. 1
(CCO#1) for 2012-09STI 25th Avenue and 10th Street Construction Project.
Action: Motion to Approve, Request Public Comment, Roll Call
Second Readings & Public Hearings:
12. Public hearing and action on Resolution No. 85-12, a Resolution authorizing the Sale of
Surplus Real Estate to Brian Poppen, concerning the following described surplus real
property consisting of a residential home located at 368 22nd Avenue South in the City
of Brookings and described as Lot Fifteen (15) in Block Twelve (12) of East Acres
Second Addition to the City of Brookings, County of Brookings, State of South Dakota.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
13. Public hearing and action on 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.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City of Brookings
June 12, 2012
17
14. Public hearing and action on 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.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
15. Public hearing and action on 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.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
16. Public hearing and action on 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.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
17. Public hearing and action on Resolution No. 86-12, a Resolution of Intent to lease to
Civil Air Patrol, Inc. (Airport Terminal).
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Other Business
18. Action to approve a “commemorative” name for 8th Street South as “Bobcat Path”
Action: Motion to Approve, Request Public Comment, Roll Call
19. TABLED ITEM: Action on Resolution No. 43-12, a resolution Amending the City of
Brookings Vision 2020 Comprehensive Plan Future Land Use Plan (South Campus
Neighborhood District Plan) Amendment to include the area from Medary Ave. to 14th
Ave. and from 6th St. to 7th St. (Legal Description: Blocks 1 and 6 of Randi Petersons,
Blocks 1, 2 and 3 of Sandersons Addition).
Action: Motion to remove from table, Request Public Comment, Roll Call
20. TABLED ITEM: Passengers on Tractors in Parades.
Action: Motion to remove from table, Request Public Comment, Roll Call
21. Presentation of revised Visitor Promotion Strategy and re-organization.
Action: Informational
22. Consider authorization of issuance of a Request for Proposal for hotel developers.
Action: Motion to Approve, Request Public Comment, Roll Call
23. Discussion and possible action on Master Drainage Plan Project Priority List.
Action: Motion to Approve, Request Public Comment, Roll Call
24. Appointment of Deputy Mayor.
Action: Motion to Approve, Request Public Comment, Roll Call
25. Appointment of Ex-Officios.
Action: Motion to Approve, Request Public Comment, Roll Call
26. Adjourn.
City of Brookings
June 12, 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 on Resolution No. 80-12, a Resolution awarding the
sale of 1987 Hyster Rubber Roller for Street Department.
D. Action on Resolution No. 81-12, a Resolution awarding the
sale of 1994 BoMag Steel Face Roller for Street
Department.
E. Action on Resolution No. 82-12, a Resolution for the surplus
of abandoned bicycles.
F. Action on Resolution No. 87-12, a Resolution declaring
surplus property of a 1985 Chevy Caprice Station Wagon,
VIN #1G1BN35H9FX128515.
*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
June 12, 2012
19
CONSENT AGENDA #4
B. Action to approve minutes.
The draft May 22nd Brookings City Council minutes are enclosed for
Council review and approval.
City of Brookings
June 12, 2012
20
Brookings City Council
May 22, 2012 (unapproved)
The Brookings City Council held a meeting on Tuesday, May 22, 2012 at 6:00 p.m., at City Hall
with the following members present: Deputy Mayor Jael Thorpe, Council Members John Kubal,
Mike McClemans, Tom Bezdichek and Ope Niemeyer. Mayor Tim Reed and Council Member
Keith Corbett were absent. City Attorney Steve Britzman, City Manager Jeff Weldon, and
Administrative Assistant Laurie Carruthers were also present.
6:00 P.M. MEETING.
Consent Agenda. A discussion regarding parade safety and passengers on tractors was added
to the agenda. A motion was made by Kubal, seconded by Bezdichek, to approve the consent
agenda as amended. All present voted yes; motion carried.
A. Action to approve the agenda as amended.
B. Action to approve the May 8th council minutes.
C. Action to approve Resolution No. 75-12, a Resolution declaring Surplus
Property (304 West 16th Avenue South).
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.
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.
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
City of Brookings
June 12, 2012
21
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.
E. Action to approve Resolution No. 77-12, a Resolution authorizing the sale of
surplus property (1988 Ford F350) to another municipality.
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.
On the motion, all present voted yes; motion carried.
Mayoral Proclamation. 52nd Anniversary of National Public Works Week
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.
City of Brookings
June 12, 2012
22
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.
City Engineer Jackie Lanning presented on the Southland Lane Detention Pond Project receiving
the National Recognition Award from the American Council of Engineering Companies in
Washington, D.C.
Resolution No. 78-12. A motion was made by Bezdichek, seconded by McClemans, to
approve Resolution No. 78-12, a Resolution awarding the contract for 2012-01SWR Concrete
Maintenance Project. All present voted yes; motion carried.
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.
Resolution No. 79-12. A motion was made by Kubal, seconded by McClemans, to approve
Resolution No. 79-12, a Resolution awarding the Police Department Security System Contract.
All present voted yes; motion carried.
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
City of Brookings
June 12, 2012
23
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.
First Reading - Ordinance No. 13-12. A first reading was held on 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 12, 2012.
First Reading – Ordinance No. 14-12. A first reading was held on 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 12,
2012.
First Reading – Ordinance No. 15-12. A first reading was held on 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 12, 2012.
First Reading – Ordinance No. 16-12. A first reading was held on 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 12, 2012.
Ordinance No. 12-12. A public hearing 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. A
motion was made by Kubal, seconded by Bezdichek, to approve Ordinance No. 12-12. All
present voted yes; motion carried.
Temporary Liquor License. A public hearing was held 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. A motion was made by Niemeyer, seconded by McClemans, to approve. All
present voted yes; motion carried.
City of Brookings
June 12, 2012
24
Temporary Liquor License. A public hearing was held 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. A motion was made by Kubal, seconded by
McClemans, to approve. All present voted yes; motion carried.
Annual Malt Beverage License Renewals. A public hearing was held on the Annual
Alcohol Malt Beverage License Renewals. Carruthers noted the Taste of Europe has an
ownership change. The transfer of both the wine and malt licenses is tentatively scheduled for
June 12th. Carruthers also noted El Tapitio and Sun-Dried Tomato Pizzeria have not turned in
their renewal paperwork. Their licenses will expire on June 30th. A motion was made by
Kubal, seconded by Bezdichek, to approve the following Malt Renewals for the 2012-2013
calendar year: 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.; Swiftel Center, 824 32nd
Ave.; 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.; CHS (dba Zip Trip #64), 3045 LeFevre Dr.;
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. All present voted yes; motion carried.
Malt License Renewal and Legal Description Change. A public hearing was held 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. A motion was made by McClemans, seconded by Bezdichek, to
approve. All present voted yes; motion carried.
Parade Safety/Passengers on Tractors. Thorpe requested a decision be made at the
current Council Meeting due to the possibility of a parade in the near future. Britzman advised
the City does have current policy to control what happens during parades through the
permitting process. However, it does not specify who shall police the parade entrants.
A motion was made by Thorpe, seconded by Bezdichek, to repeal the action to prohibit
passengers on tractors. Discussion: Kubal voiced concern that there are no passenger seats on
tractors. If a driver has a passenger, one arm would hold the passenger, the other would hold the
City of Brookings
June 12, 2012
25
steering wheel. Thorpe commented that the decision whether to have passengers on tractors should be
made by the parents or parade participants and it is not for the City Council to mandate. Kubal
advised safety is the ultimate issue. Public Comment: Lisa Steenson commented that if the City Council
starts regulating safety, soon there will not be a parade. Perry Miller advised that on July 27, 2011 the
Brookings Radio Station announced they would not sponsor a parade with these rules and regulations in
effect. Through the permit process, the Council put the responsibility of regulating the parade on the
organizer’s back. If anything were to change at the current Council Meeting, it is most likely too late for
Brookings Radio to organize a 4th of July Parade in 2012.
TABLE: A motion was made by Niemeyer, seconded by Bezdichek, to table the motion to
repeal the action to prohibit passengers on tractors to the June 12th City Council meeting.
Bezdichek, Kubal, Niemeyer and Thorpe voted yes; McClemans voted no; motion carried to
TABLE.
Adjourn. A motion was made by Bezdichek, seconded by Kubal, to adjourn. All present
voted yes; motion carried. Meeting adjourned at 6:43 p.m.
CITY OF BROOKINGS
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
City of Brookings
June 12, 2012
26
CONSENT AGENDA #4
C. Action to approve Resolution No. 80-12, a Resolution awarding
the sale of 1987 Hyster Rubber Roller for Street Department.
The City held a Bid Opening for the sale of surplus property on May 22,
2012 for a 1987 Hyster Roller. The following bids being received:
Prussman Contracting for $6,752.00
V. J. Ahlers Excavating, Inc. for $5,500.00
The bids have been reviewed and staff recommends awarding the 1987
Hyster Roller bid to Prussman Contracting in the amount of $6,752.00.
Resolution No. 80-12
Resolution Awarding Bid for Sale of
1987 Hyster Roller
Whereas, the City of Brookings opened bids for the following on Tuesday, May 22, 2012 at
1:30 p.m. at Brookings City Hall: One (1) 1987 Hyster Rubber Roller, Serial Number
A91C3859-H, Model Number C-530A; and
Whereas, the City of Brookings has received the following bid for the 1987 Hyster Roller:
Prussman Contracting for $6,752.00.
Now, Therefore, Be It Resolved that the bid from Prussman Contracting, 223 Railroad Street,
Brookings, SD 57006 for $6,752.00 for the 1987 Hyster Roller be accepted.
Passed and approved this 12th day of June, 2012.
CITY OF BROOKINGS, SD
_________________________________
Tim Reed, Mayor
ATTEST:
___________________________
Shari Thornes, City Clerk
City of Brookings
June 12, 2012
27
CONSENT AGENDA #4
D. Action to approve Resolution No. 81-12, a Resolution awarding
the sale of 1994 BoMag Steel Face Roller for Street Department.
The City held a Bid Opening for the sale of surplus property on May 22,
2012 for a 1994 BoMag Roller. The following bids being received:
V. J. Ahlers Excavating, Inc. for $8,500.00
City of Beresford for $7,600.00
The bids have been reviewed and staff recommends awarding the1994
BoMag Roller bid to V.J. Ahlers Excavating, Inc. in the amount of $8,500.00.
Resolution No. 81-12
Resolution Awarding Bid for Sale of
1994 BoMag Roller
Whereas, the City of Brookings opened bids for the following on Tuesday, May 22, 2012 at
1:30 p.m. at Brookings City Hall: One (1) 1994 BoMag Steel Face Roller, Serial Number
101170500863, Model Number BW120AD-2; and
Whereas, the City of Brookings has received the following bid for the1994 BoMag Roller: V. J.
Ahlers Excavating, Inc. for $8,500.00.
Now, Therefore, Be It Resolved that the bid from V. J. Ahlers Excavating, Inc., 530 First St So,
Brookings, SD 57006 for $8,500.00 for the 1994 BoMag Roller be accepted.
Passed and approved this 12th day of June, 2012.
CITY OF BROOKINGS, SD
_________________________________
Tim Reed, Mayor
ATTEST:
___________________________
Shari Thornes, City Clerk
City of Brookings
June 12, 2012
28
CONSENT AGENDA #4
E. Action to approve Resolution No. 82-12, a Resolution declaring
abandoned bicycles as surplus property.
Resolution No. 82-12 will declare surplus property abandoned bicycles
which have been recovered by the Brookings Police Department. Bicycles
which are recovered are checked each time to determine if they are
reported stolen. Attached is a list of the bicycles which have been
recovered by the Brookings Police Department over the past year.
Resolution No. 82-12
Resolution declaring Abandoned Bicycles as Surplus Property
Whereas, the Brookings Police Department has recovered abandoned bicycles over the past
year and maintains a list of said bicycles; and
Whereas, the Brookings Police Department checks each bicycle for any stolen reports before
disposal; and
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 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 12th day of June, 2012.
City of Brookings
__________________________
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City of Brookings
June 12, 2012
29
Bike Property Report
Tag # Date Recd Description Serial Number
1740 9/26/2011 Next Break Point Pro 30056033
1828 10/10/2011 Schwinn Mt Bike 9NIDC05D06404
1833 9/15/2011 Huffy Highland Adult Mtn Bike K6518-9153813
1845 9/13/2011 Next Powerx LWIE052544
1849 9/14/2011 Firestone classic old style bike 0921
1852 11/17/2011 Huffy Leading edge Mtn. 346G5-9284414
1853 9/8/2011 Next Power X Mtn Bike CBH2611B
1856 9/22/11 Mongoose Threshold Sport 115FA86177
1857 9/4/2011 MTN Tamer/Vertical 8549-65
1859 8/28/2011 Mongoose Outher Limit Reeestyle SNFSD10DJ5623
1860 8/27/2011 Schwinn Men’s MT Bike P0FF68922
1868 8/24/2011 Next Breakpoint MTN Bike 38354007
1881 10/2/2011 Next Avalon CS L060109426
1882 10/3/2011 Schwinn Sidewinder Women’s MTN Bike UNK43622
1884 10/7/2011 Huffy Sea Star Childs Bike 4BCK0M29604
1885 10/7/2011 Next Pwr Climer 74312877
1886 10/9/2011 Roadmaster Chromium 20” MT Bike UNK
1887 10/9/2011 Shimario Hyper Flite 26 Mt Bike UNK
1888 10/10/2011 Rampage Thruster BMX G1004127582 O
1889 10/11/2011 Raleigh Technium MT Bike UNK
1890 10/12/2011 Mongoose XR75 SNFSD08G653
1894 10/25/2011 Schwinn Sidewinder MT Bike SNMN007B3154
1895 10/27/2011 Huffy Rock Trail UNK
1897 11/6/2011 Huffy Superia K6667-9211712
1898 11/12/2011 Next Turbo Kid’s Dirt Bike 8595-59H
1899 11/6/2011 Auto Bike Classic UNK
1900 11/17/2011 Next Power Climber 38527717
1901 11/26/2011 Huffy Gnite – Youth MTN Bike 1L06M000879
1904 2/18/2012 Huffy Highlane MTN Bike UNK
1906 1/4/2012 Roadmaster MTN Sport SNFSD10C56401
1910 3/26/2012 Huffy Ultra Terrain 18 Speed Girls 54159-0
1911 3/30/2012 Mongoose EFX Adult MTN Bike SNHUA04L2562
1912 2/7/2012 Roadmaster MT Fury SNFSD07H95431
1913 1/17/2012 Huffy Superia MT Bike Green 56669163715H6
1914 12/19/2011 Next Power Climber MTN Bike UNK
1916 1/2/2012 Huffy Stylin Pink BB05B44803
1917 3/8/2012 Roadmaster MT Fury MT Mike GR50966014
1918 3/29/2012 Unknown Manufacture and Model 00TD470946
1919 2/13/2012 Unknown Manufacture and Model UNK
1920 12/1/2011 Trek 7100 MT Bike UNK
1921 11/6/2011 Apollo Bounty Youth MTN Bike GW11E02803
1922 11/7/2011 Trek Antelope MT Bike 13DE1137
1923 10/27/2011 Murray Mountain Scene XXL-2-9993-030
City of Brookings
June 12, 2012
30
CONSENT AGENDA #4
F. Action on Resolution No. 87-12, a Resolution declaring surplus
property of a 1985 Chevy Caprice Station Wagon, VIN
#1G1BN35H9FX128515.
Resolution No. 87-12 will authorize declaration of surplus property. The
City of Brookings Parks, Recreation & Forestry Dept. has been in the
process of upgrading their fleet of vehicles for several years and removing
vehicles which no longer serve a useful purpose in the fleet. The listed
vehicle fits this later category and is currently not used as an active vehicle
in the fleet. In consideration of the vehicle’s current disposition, the vehicle
should be declared surplus and sold as the City is no longer expending time
and finances to store and maintain the vehicle.
Resolution No. 87-12
Declaring Surplus Property
Whereas, the City of Brookings is the owner of the following property located in the Brookings
Parks, Recreation and Forestry Dept: 1985 Chevy Caprice Station Wagon, VIN
1G1BN35H9FX128515
Whereas, this item no longer serves any useful purpose to the City of Brookings, it is the
desire of the City of Brookings to dispose of the same as surplus property.
Now, therefore, be it resolved that the listed property be declared surplus by the City Council.
Whereas, the City Manager is hereby authorized to sell said surplus property.
Passed and approved this 12th day of June, 2012.
CITY OF BROOKINGS
________________________________
Tim Reed, Mayor
ATTEST:
_________________________
Shari Thornes, City Clerk
City of Brookings
June 12, 2012
31
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
June 12, 2012
32
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
June 12, 2012
33
PRESENTATION
8. Annual State of the City Message by Mayor Tim Reed.
Mayor Reed will present his annual State of the City Message at the meeting.
A copy of the report will be available after the meeting on the City of
Brookings website (www.cityofbrookings.org).
City of Brookings
June 12, 2012
34
CONTRACTS AND CHANGE ORDERS
9. Action to approve various City/County Government Center
Change Orders.
The following are change orders to construction contracts which have been
recommended for approval by the Joint Powers Board at their May 10th meeting and
have received the concurrence of the County Board of Commissioners:
ASI #6 Revised ADA ramps at west sidewalk, additional curbing to west parking
lot.
Peska Construction $5,652
This item involves plan modification to the sidewalk ramp from the west
lot to the alley to connect to the south parking lot because it did not
meet ADA requirements pursuant to the survey. It also involves the
addition of curbing around two parking islands which were added by the
owner because the survey work did not include it is needed to protect
plantings at the parking lot access from the alley.
COR #51 Re-construct soffit due to re-located toilet and plumbing ductwork
adjustment.
Fox Drywall $812
This item was a field order change to accommodate a plumbing
modification from the plans. The original design would have worked but
would have resulted in a less-than-desirable appearance so I made the
decision for an alteration to improve aesthetics of the ductwork and
soffits.
COR #53 Customized modification to window sills in Park and Recreation offices.
Clark Drew Construction $885
This was an owner-requested modification pursuant to the Building
Inspector for additional insulation around the windows due to the
exterior planters. The plans met requirements but I concurred with the
Building Inspector’s recommendation for additional insulation as added
protection from frost for these three windows which resulted in
modifications to the window sills.
COR #54 Provide temporary roof drain to sump system, tie drain to sanitary
system.
Krier and Blain Mechanical $1,712
Mills Construction ($152)
Olson Masonry ($126)
Net $1,434
This item was for work done early in the project to provide for de-
watering during initial excavation and construction. It also provides for a
City of Brookings
June 12, 2012
35
mechanical tie-in of the drain system to the sanitary system for winter
month turn-over. The drainage system had to be altered due to the
unexpectedly high water table and amount of water that needed to be
pumped.
COR #56 Changes to 3rd Street Curb and 6th Avenue asphalt to match new grades.
Bowes Construction $5,295
This change involves corrections to the asphalt grade of 6th Avenue which
does not match the new curbing on the east side of the site. Survey data
originally did not indicate there would be a significant mis-match but field
installation of the curbing indicated a significant grade change that needed
to be corrected. This item should have been identified by the survey as
being included in the Bowes contract and should have been done
originally instead of later. We would have had to pay for it as part of the
original contract instead of as a change order so there is no appreciable
difference in cost.
RFP #25 Various additional electrical changes; owner-requested.
American Electric $3,293
RFP #29&30 Additional cabling for network systems; owner-requested.
American Electric $5,439
RFP #31 Deduct automatic closers on certain doors from plans and add security
access to eight basement doors which were originally missed by me;
owner-requested.
Mills Construction $1,867
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City of Brookings
June 12, 2012
36
BROOKINGS CITY/COUNTY
JOINT POWERS BOARD MEETING
Thursday, May 17, 2012
The Joint Powers Board met on Thursday, May 17, 2012 with the following members present:
Dennis Falken and Jael Thorpe in attendance as the city representative. Architect Brent Koch
with Cannon, Moss, Brygger was in attendance via telephone.
REGULAR BUSINESS
Acting Chairperson Dennis Falken started the meeting with informational items due to a lack of
a quorum.
Construction Site Superintendent Dan Volbert updated the board on the construction
progress. Volbert said there was vandalism to a west side window on the building sometime on
Friday night, May 11th. He said a rock was thrown through a second floor window.
Commissioner Alan Gregg arrived.
Project Manager Tom Ginter reviewed pending change orders. The board discussed ASI#006
for $5,652. City Manager Jeff Weldon said this change order includes the redesign of the
handicapped ramp on the west side of the building, the addition of curb and gutter between the
alley and the parking lot and adding color to the concrete of the handicapped parking stalls in
the front of the building. Falken questioned if a mistake was made when these items were
designed. Weldon said the ramp wasn’t done right and the curb and gutter were just missed.
Commission Assistant Stephanie Ellwein asked how the design for the ramp was approved if it
wasn’t ADA compliant. Weldon said it just got missed.
The board also discussed COR#056 for $5,295. Weldon explained that the grade elevation of
6th Avenue doesn’t match the new curb line. He said this was all designed, engineered and
surveyed at the front end of the project, they thought it would match, but now it doesn’t.
Weldon said they need a new slope on 6th Avenue, which means they will need to cut out and
remove the payment and resurface the road. He said this is something that would have had to
be done anyway, but because it’s coming as a change order, there is typically a 10% up-charge
associated with those.
Ginter also reviewed the budget. He said there is a construction contingency remaining of
$396,440 and a net actual contingency, after other project costs are considered, of $237,651.
Acting Chairperson Dennis Falken called the meeting to order and a quorum was established.
Motion by Gregg, seconded by Thorpe to approve the minutes from April 12, 2012. All
members voted “aye.” Motion carried.
Motion by Gregg, seconded by Thorpe to approve the following change orders: ASI#006 for
$5,652 to the contract with Peska Construction Inc. for revised ADA ramps at west side
sidewalk, addition of curb and gutter and color added to concrete; COR#051 for $812 to the
City of Brookings
June 12, 2012
37
contract with Fox Drywall & Plastering, Inc. for T&M to build soffit in LL & frame for relocated
toilet; COR#053 for $885 to the contract with Clark Drew Construction, Inc. for extra
material & cutting for custom sills in Room 117. Previously done in Room 115 & 116;
COR#054 for $1,434 to the contracts with Krier and Blain, Inc. for $1,712, Mills Construction,
Inc. for a credit of $152, and Olson Masonry, Inc. for a credit of $126 to provide temporary
roof drain and sump drain system, to tie drain system to the sanitary system for the winter and
various back charges to Mills and Olson; COR#056 for $5,295 to the contract with Bowes
Construction, Inc. for changes to the 3rd Street Curbs and the 6th Avenue asphalt; RFP#025 for
$3,293 to the contract with American Electric Construction for power and data changes at 1st,
2nd and 3rd floors; RFP#029 for $4,588 to the contract with American Electric Construction to
add network cabling per owner walk-through; RFP#030 for $851 to the contract with
American Electric Construction to provide new data cables on north wall outside storage; and
RFP#031 for $1,867 to the contract with Mills Construction, Inc. for door hardware changes-
remove closer on office doors and add electric strikes to 8 doors.
All members voted “aye.” Motion carried.
Architect Brent Koch presented the Architect’s Report. Koch said they were on site Monday
and there was nothing out of the ordinary during their walk-through.
The board discussed awarding contracts for custodial services. Weldon said that at April’s
meeting they approved an RFP for contractual cleaning services. He said current county
employee John Molengraaf will be the overall building superintendent. Weldon said Hillyard did
a walk-through with four companies that were interested in submitting proposals. He said two
proposals were received—from Steve’s Custodial Service and J&T Cleaning.
Motion by Thorpe, seconded by Gregg to approve a 2-year contract with J&T Cleaning starting
July 1, 2012 for $5,900 per month and intermittent cleaning in June 2012 during the move-in
process. All members voted “aye.” Motion carried.
Weldon said Molengraaf will be the custodial service contact person and all of the supplies will
be purchased through Hillyard. He said Molengraaf will care for all of the terrazzo flooring in
the new building as well and the custodial service will take care of all the other types of floors.
The board reviewed the financial report. Falken noted that they will need to establish a Joint
Powers Board budget for 2013 soon.
Weldon said they continue to identify things between now and move-in.
The next meeting was scheduled for June 21, 2012 at 8:00 a.m. The board noted that they will
meet in the new building next month.
ADJOURNMENT
Acting Chairperson Falken declared the meeting adjourned.
City of Brookings
June 12, 2012
38
It is the policy of Brookings County, South Dakota, not to discriminate against the handicapped
in employment or the Provision of Service. The County of Brookings is responsive to requests
for communication aids and the need to provide appropriate access, and will provide alternative
formats and accessible locations consistent with the Americans with Disabilities Act.
Stacy Steffensen
Deputy Finance Officer
Brookings County Finance Office
Published once at the total approximate cost of _______________.
City of Brookings
June 12, 2012
39
CONTRACTS AND CHANGE ORDERS
10. Action on Resolution No. 83-12, a Resolution Awarding Bids on
Project 2012-03SSI North Nelson Storm Water Detention Pond
Project.
The North Nelson Storm Water Detention Pond Project has been
budgeted for 2012 and is identified as Phase I of Project 5 in the City’s
prioritized list of projects. The project will be funded with a loan through
the State Revolving Fund with the South Dakota Department of Natural
Resources (SDDENR) which has been approved at 3% interest over a 20-
year loan period. This project will be constructed as a single phase project
during the 2012 construction season and is located on the south side of
15th Street South in the Nelson 5th Addition. The project includes grading a
new channel at the upstream end of the project to carry water from the
existing culverts to the new pond, constructing a two-stage storm water
detention and sedimentation pond, constructing an outlet flow control
structure, and planting native grasses, trees, and wetland flora. The entire
disturbed ground area for this project is approximately 9 acres.
The bid letting for this project was held on Tuesday, June 5, 2012 and the
City received the following bids:
RS Halstead Corp $206,377.05
Bowes Construction Co., Inc. $215,284.00
Rounds Construction, Inc. $231,911.35
Dakota Soil Construction, Inc. $673,465.00
The prices for this project were approximately 45% less than the engineer’s
estimate of $401,466.00. The SDDENR still needs to review and approve
the bid documents submitted by the contractor, as well as the minutes
from this Council Meeting before final bid acceptance can be made.
Recommend awarding the contract to RS Halstead Corp of Harrisburg, SD
for the low bid of $206,377.05, contingent upon SDDENR approval.
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City of Brookings
June 12, 2012
40
Resolution No. 83-12
Resolution Awarding Bids on Project 2012-03SSI
North Nelson Storm Water Detention Pond Project
Whereas, the City of Brookings opened bids for Project 2012-03SSI North Nelson Storm
Water Detention Pond Project on Tuesday, June 5, 2012 at 1:30 pm at Brookings City Hall; and
Whereas, the City of Brookings has received the following bids for Project
2012-03SSI North Nelson Storm Water Detention Pond Project:
RS Halstead Corp $206,377.05
Bowes Construction Co., Inc. $215,284.00
Rounds Construction, Inc. $231,911.35
Dakota Soil Construction, Inc. $673,465.00
Now Therefore, Be It Resolved that the total low bid of $206,377.05 from RS Halstead Corp of
Harrisburg, SD be accepted contingent upon South Dakota Department of Environment and
Natural Resources approval.
Passed and approved this 12th day of June 2012.
CITY OF BROOKINGS
________________________________
Tim Reed, Mayor
ATTEST:
_________________________
Shari Thornes, City Clerk
City of Brookings
June 12, 2012
41
CONTRACTS AND CHANGE ORDERS
11. Action to approve Resolution No. 84-12, a Resolution authorizing
Change Order No. 1 (CCO#1) for 2012-09STI 25th Avenue and
10th Street Construction Project.
The Street Assessment Project 2012-09STA, 25th Avenue and 10th Street is
currently under construction. This project includes curb and gutter,
grading, gravel, detention pond, storm sewer, asphalt pavement, and water
and sanitary sewer mains and services. This project will be an assessment
project, with the City paying the extra width and thickness costs for the
street.
This change order was caused by a change in the construction plans. The
original project design entailed installing a segment of storm sewer in the
west boulevard of Innovation Drive between 10th Street and the south end
of Research Parkway. We anticipated BMU would need to lower electric
and fiber-optic utilities which were in conflict with the new storm sewer
location. However, they were not able to lower the utilities enough in the
boulevard space they had available. The City and CDI redesigned the
storm sewer to be installed in an easement on the west side of Innovation
Drive. The contractor hired a local company to pothole and locate the
utility lines in the easement so they would know exactly where the storm
sewer could be installed. This change order will increase the contract price
by $4,000.00 for the cost to locate the utility lines for the change in storm
sewer location. The project summary is as follows:
Original Contract Price: $398,661.41
Increase from Previous Change Orders: $ 0.00
Contract Price Prior to this Change Order: $398,661.41
Increase of this Change Order (No. 1): $ 4,000.00
Contract Price incorporating this Change Order: $402,661.42
This resolution will approve Change Order No. 1 (CCO #1) for an
increase of $4,000.00 to the contract.
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City of Brookings
June 12, 2012
42
Resolution No. 84-12
Resolution Authorizing Change Order No. 1 (CCO#1) for
2012-09STI 25th Avenue and 10th Street Construction Project
Be It Resolved by the City Council that the following change order be allowed for 2012-09STI
25th Avenue and 10th Street Construction Project:
Construction Change Order Number 1: Adjust contract price for an increase of $4,000.00 to
locate utilities related to a change in the storm sewer location.
Passed and approved this 12th day of June 2012.
CITY OF BROOKINGS
________________________________
Tim Reed, Mayor
ATTEST:
_________________________
Shari Thornes, City Clerk
City of Brookings
June 12, 2012
43
SECOND READINGS & PUBLIC HEARINGS
12. Public hearing and action on Resolution No. 85-12, a Resolution
authorizing the Sale of Surplus Real Estate to Brian Poppen,
concerning the following described surplus real property
consisting of a residential home located at 368 22nd Avenue South
in the City of Brookings and described as Lot Fifteen (15) in Block
Twelve (12) of East Acres Second Addition to the City of
Brookings, County of Brookings, State of South Dakota.
The City of Brookings purchased this residential property in 2008 in
anticipation of land banking for future construction of a railroad overpass.
Preliminary estimates of a grade separated crossing at 22nd Avenue is
approximately $14 million for construction only and does not include the
costs of additional property acquisition. In addition, Canadian Pacific has
made track improvements and the City has a plan for installation of
crossing arm gates as a safety enhancement at the railroad crossings. These
safety enhancements coupled with the financial burden of constructing a
grade separated crossing deem the project not feasible and thus, this
residential property is no longer needed.
During the 2012 Budget discussions, it was proposed to sell these two
residential properties as a means to balance the 2012 Budget. The
adoption of the 2012 Budget does identify selling these two residential
properties.
Resolution No. 10-12 declared the real estate at 368 22nd Avenue as
surplus property. An appraisal of the property was performed. A Request
for Proposal was sent to Brookings area real estate agencies seeking
services as “Real Estate Agent of Record” to provide support to the City in
the area of real estate sales. The City received three proposals from area
real estate firms and entered into a listing agreement with Century 21
Gustafson, Krogman & Associates to sell the property. Notice of Proposed
Sale of Surplus Municipal Real Property was published in the Brookings
Register on February 28, 2012 identifying Century 21 Gustafson, Krogman
& Associates as the real estate broker to be contacted regarding interest in
the property.
City of Brookings
June 12, 2012
44
An offer of one hundred thirty-two thousand dollars ($132,000) has been
submitted by Brian Poppen to purchase the property. The offer complies
with South Dakota statutes for disposition of surplus real property. As
part of the statutory requirements, a public hearing is required. Approval
of the resolution will authorize the execution of the purchase agreement.
Staff recommends approval.
City Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City of Brookings
June 12, 2012
45
Resolution No. 85-12
Resolution Authorizing the Sale of Surplus Real Estate to Brian Poppen
Be It Resolved by the City Council of the City of Brookings, South Dakota as follows:
Whereas, the City has declared the following described real property as surplus:
- Lot Fifteen (15) in Block Twelve (12) of East Acres 2nd Addition to the City of
Brookings, County of Brookings, State of South Dakota, and
Whereas, the property was listed with a broker and an offer of the above-described property
was received from Brian Poppen on May 17, 2012, and
Whereas, Brian Poppen has offered to purchase the above-described property for the sum of
$132,000.00, respectively, which the City of Brookings has determined is acceptable;
Now Therefore, It Is Hereby Resolved by the City Council of the City of Brookings, South
Dakota, as follows:
A. That the City convey title to the above-described property to Brian Poppen; and
B. That the Mayor, City Clerk and City Manager are authorized to execute the
documents required to convey title of the above-described surplus real property to
Brian Poppen.
Passed and approved on the 12th day of June, 2012.
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City of Brookings
June 12, 2012
46
SECOND READINGS & PUBLIC HEARINGS
13. Public Hearing and action on 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.
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 Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City of Brookings
June 12, 2012
47
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: June 15, 2012
CITY OF BROOKINGS, SD
___________________________________
Tim Reed, Mayor
ATTEST:
________________________
Shari Thornes, City Clerk
City of Brookings
June 12, 2012
48
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
June 12, 2012
49
SECOND READINGS & PUBLIC HEARINGS
14. Public Hearing and action on 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.
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 Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City of Brookings
June 12, 2012
50
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
June 12, 2012
51
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: June 15, 2012
CITY OF BROOKINGS, SD
_____________________________
Tim Reed, Mayor
ATTEST:
________________________
Shari Thornes, City Clerk
City of Brookings
June 12, 2012
52
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
June 12, 2012
53
SECOND READINGS & PUBLIC HEARINGS
15. Public Hearing and action on 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.
To: Mayor and City Council Members
From: Jeffrey W. Weldon, City Manager
Subject: 2012 Budget Amendment #3 Second Reading Changes
For the second reading of Ordinance No. 15-12, there are some
adjustments between departments within general government. I am
lowering the Other Departments expenses from $40,550 to $36,855 and
raising the Public Safety from $65,044 to $68,739. The total amendment
for general government remains balanced at $99,615 in revenues and
expenditures same as the first reading documents.
The E-911 amendment is being reduced from $23,815 for the additional
expenditure to $5,153. We had amended the line for building
improvements earlier this year to $18,662 and it is our intention to only
increase the building expenditure by the grant amount of $23,815.
City Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City of Brookings
June 12, 2012
54
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 where 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 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; and
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 Council, City Clerk, City Manager $20,292
Other-Non-Dept, Gen Gov Buildings, IT $84,615 $36,855
Public Safety-Police, Fire, Animal Control $15,000 $68,739
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 $5,153
Storm Drainage $1,746
Total Special Revenue $23,815 $6,899
City of Brookings
June 12, 2012
55
All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
First Reading: May 22, 2012
Second Reading: June 12, 2012
Published: June 15, 2012
CITY OF BROOKINGS
_________________________
Tim Reed, Mayor
ATTEST:
____________________________
Shari Thornes, City Clerk
Page 1
Budget Ordinance 15-12
Amendment #3
June 12, 2012 By Function Amended
Account Number Department Description Detail Budget Budget
101-401-5-101-00 City Council Regular Pay Salary Increase $28,500 $47,446 $18,946
101-401-5-123-00 City Council FICA Resolution 69-12 $2,502 $3,848 $1,346
Policy & Adm Expenses $20,292
101-000-4-691-40 Insurance Refund Workman's Comp Insurance Discount $0 $56,711 $56,711
101-000-4-691-40 Insurance Refund Property & Liability Insurance Discount $0 $27,904 $27,904
Other & Nondepartmental Revenue $84,615
101-405-5-920-00 Non-Departmental Furniture & Eqp $50,000 $62,415 $12,415
101-416-5-101-01 Information Tech Temp Pay Intern $0 $4,650 $4,650
101-416-5-120-00 Information Tech FICA Intern $0 $350 $350
101-416-5-428-01 Information Tech Telephone Metro link monthly fee $8,500 $16,635 $8,135
101-416-5-940-00 Information Tech Other Capital-IT Network cables, new bldg $25,000 $26,305 $1,305
101-416-5-950-18 Information Tech Community Dev Code Enforcement Software $0 $0 $0
101-417-5-940-00 Gen Gov Buildings General Fund/Street Heater Upgrade-602 2nd St $0 $10,000 $10,000
Other & Nondepartmental Expense $36,855
101-421-4-334-09 Police Department Grant Remodel CID $99,448 $114,448 $15,000
Public Safety Revenue $15,000
101-421-5-123-00 Police Group Ins Premium Disb $335,948 $341,143 $5,195
101-421-5-130-00 Police Workman's Comp Premium Disb $53,318 $48,267 -$5,051
101-421-5-421-00 Police Property & Liability Premium Disb $22,927 $22,638 -$289
101-421-5-911-00 Police Building Remodel $364,603 $416,585 $51,982
101-421-5-920-00 Police Furniture & Eqp Remodel/Computers $0 $20,000 $20,000
101-421-5-130-00 Fire Workman's Comp Premium Disb $12,625 $12,295 -$330
101-422-5-421-00 Fire Property & Liability Premium Disb $30,013 $27,370 -$2,643
101-442-5-130-00 Animal Control Workman's Comp Premium Disb $1,274 $1,149 -$125
Public Safety Expense $68,739
101-418-5-123-00 Community Develop Group Ins Premium Disb $0
101-418-5-130-00 Community Develop Workman's Comp Premium Disb $3,360 $3,023 -$337
101-419-5-130-00 Engineering Workman's Comp Premium Disb $4,198 $3,964 -$234
101-419-5-421-00 Engineering Property & Liability Premium Disb $6,450 $4,689 -$1,761
101-431-5-130-00 Street Property & Liability Premium Disb $36,249 $32,493 -$3,756
Public Works Expense -$6,088
101-449-5-130-00 Aquatic Center Workman's Comp Premium Disb $9,606 $8,685 -$921
101-449-5-130-00 Aquatic Center Property & Liability Premium Disb $3,009 $7,879 $4,870
101-451-5-130-00 Recreation Workman's Comp Premium Disb $14,470 $2,375 -$12,095
101-451-5-130-00 Recreation Property & Liability Premium Disb $12,628 $1,967 -$10,661
101-452-5-123-00 Parks Group Ins Premium Disb $89,445 $90,457 $1,012
101-451-5-130-00 Parks Property & Liability Premium Disb $17,963 $15,063 -$2,900
101-453-5-130-00 Larson Ice Arena Workman's Comp Premium Disb $3,272 $1,408 -$1,864
101-453-5-130-00 Larson Ice Arena Property & Liability Premium Disb $5,699 $6,434 $735
101-453-5-130-00 Forestry Property & Liability Premium Disb $4,415 $6,333 $1,918
101-455-5-130-00 Library Workman's Comp Premium Disb $2,133 $1,856 -$277
101-455-5-130-00 Library Property & Liability Premium Disb $7,752 $7,286 -$466
Culture & Recreation Expense -$20,183
Total General Fund Revenue $99,615
Total General Fund Expense $99,615
214-000-4-334-09 Dispatch Grant Remodel Dispatch $0 $23,815 $23,815
E-911 Revenue $23,815
214-000-5-911-00 E-911 Building Dispatch Remodel $18,662 $23,815 $5,153
E-911 Expense $5,153
Total E-911 Revenue $23,815
Total E-911 Expense $5,153
282-000-5-123-00 Storm Drainage Group Ins Premium Disb $8,804 $10,550 $1,746
Storm Drainage Expense $1,746
City of Brookings
June 12, 2012
57
SECOND READINGS & PUBLIC HEARINGS
16. Public Hearing and action on 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.
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.
• 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.
City of Brookings
June 12, 2012
58
• 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 Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City of Brookings
June 12, 2012
59
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
June 12, 2012
60
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.
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June 12, 2012
61
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
June 12, 2012
62
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
June 12, 2012
63
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
June 12, 2012
64
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
June 12, 2012
65
II.
Any or all ordinances in conflict herewith are hereby repealed.
First Reading: May 22, 2012
Second Reading: June 12, 2012
Published: June 15, 2012
CITY OF BROOKINGS
__________________________
Tim Reed, Mayor
ATTEST:
__________________________
Shari Thornes, City Clerk
City of Brookings
June 12, 2012
66
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
June 12, 2012
67
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
June 12, 2012
68
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
June 12, 2012
69
SECOND READINGS / PUBLIC HEARINGS
17. Public hearing and action on Resolution No. 86-12, a Resolution of
Intent to lease to Civil Air Patrol, Inc. (Airport Terminal).
The City would like to lease the City-owned Airport Terminal Building to
the Civil Air Patrol, Inc. The Civil Air Patrol, Inc. is a non-profit
organization who had rented space in the Pheasant Fury Building. Now that
SDSU has purchased the Pheasant Fury Building, there is no longer room
for the Civil Air Patrol, Inc. office or meetings. The City owns the Airport
Terminal building, which has been vacant since there is no commercial
service, and the City recently leased the Terminal building for one month
to Sandia, a company conducting local aviation research related to wind
towers. The City proposes leasing the Airport Terminal Building from July
1, 2012 until December 31, 2012. The 2012 lease rate is $0.15 which is a
similar rate other South Dakota airports are charging for non-profit
organizations. The lease rate will increase 3% for each following years of
2013 and 2014. Civil Air Patrol, Inc. will also pay ½ of the utilities to cover
the portion of the building they are leasing. The City will cover the other
½ of the utilities since part of the building is not being rented, which houses
FAA equipment.
The following state statutes would apply:
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.
City of Brookings
June 12, 2012
70
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 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 lease
agreement with Civil Air Patrol, Inc. for the Brookings Airport Terminal
Building.
City Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City of Brookings
June 12, 2012
71
Resolution No. 86-12
Resolution of Intent to Lease Real Property (Civil Air Patrol, Inc.)
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 Civil Air Patrol, Inc. for a period
commencing on July 1, 2012 and ending December 31, 2014 and pertaining to the following
described property: approximately 1,040 square feet in the Brookings Airport Terminal Building
in Section 26-T110N-R50W, City of Brookings, South Dakota.
The Lease will be an amount of one hundred fifty-six dollars ($156.00) per month, which is
$0.15 per square foot, payable by the first of each month. The lease amount will be increased
3% for 2013 and 3% for 2014. Lessor or Lessee may terminate this Lease with a notice of 30
days.
Be It Further Noted, that a Public Hearing on this Resolution was held on June 12, 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 12th day of June 2012.
CITY OF BROOKINGS
____________________________
Tim Reed, Mayor
ATTEST:
__________________________
Shari Thornes, City Clerk
City of Brookings
June 12, 2012
72
AIRPORT TERMINAL LEASE AGREEMENT
_______________________________
THIS AIRPORT TERMINAL LEASE AGREEMENT is made and entered into by and between the
CITY OF BROOKINGS, a municipal corporation (hereinafter sometimes referred to as
"Lessor"), and the CIVIL AIR PATROL, INC. (hereinafter sometimes referred to as "Lessee"),
WITNESSETH:
WHEREAS, Lessor operates the airport located at Brookings, South Dakota and has the
authority to grant rights with respect thereto; and
WHEREAS, Lessee is a federally chartered non-profit corporation; and
WHEREAS, the Lessor is willing to grant to Lessee the right to use certain of its airport
facilities;
NOW THEREFORE, for and in consideration of the rents, covenants and agreements contained
herein, and for other good and valuable consideration, the parties hereto have mutually
covenanted and agreed, and do hereby mutually covenant and agree, each with the other, for
the benefit of each other as follows:
ARTICLE I: DEFINITIONS
For the purpose of this Agreement:
(1) The term “airport” means the Brookings Regional Airport.
(2) The term "Terminal Building" shall mean the terminal building, and shall include all
facilities contained therein, excluding mechanical rooms and office spaces.
ARTICLE II: GRANT OF RIGHTS WITH RESPECT TO AIRPORT TERMINAL
For the purpose of permitting the operations of the Lessee, Lessor does hereby grant to
Lessee, and Lessee does hereby take from Lessor, for and during the term of this Agreement,
the right and privilege, in common with others to whom similar rights and privileges may be
granted, and subject to rules and regulations prescribed by the Lessor’s Airport Manager, as
hereinafter provided in this Agreement, and as established by the City of Brookings, to use the
Airport Terminal on a non-exclusive basis for its Civil Air Patrol activities.
ARTICLE III: TERM OF THIS AGREEMENT
This Agreement shall be in full force and effect from and after the date of approval by both
parties and ending December 31, 2014, unless sooner terminated or extended as hereinafter
provided. Lessee understands that this Lease is subject to early termination if the City of
Brookings agrees to permit a commercial service, airline, operator or other purpose for the
terminal building.
ARTICLE IV: RENT TO BE PAID BY LESSEE
In addition to the rent provided in Article VII, there may be additional fees and charges that will
be billed to the Lessee. These fees and charges may include, but are not limited to, one-half of
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June 12, 2012
73
the following services: electricity, water, heat, sewer and phone and all of any internet,
television, and such additional services that CIVIL AIR PATROL, INC may utilize.
ARTICLE V: RULES AND REGULATIONS
Lessee agrees to observe and obey the rules and regulations governing the conduct and safe
operation of the Airport Terminal provided and issued, from time to time, by Lessor. Said rules
and regulations shall not be inconsistent with safety or conflict with rules and regulations now
or hereafter in effect, of any Federal or State Agency having jurisdiction with respect thereto,
nor inconsistent with the procedures prescribed or approved from time to time by the Federal
Aviation Administration (FAA) for landing and taking off at the airport of airplanes of scheduled
air transport operators, and if such inconsistency does arise, such rules and regulations
inconsistent with FAA rules and regulations shall be deemed to have no force or effect. It is the
intent of this Agreement that no rules and regulations shall be issued by the City, which shall be
inconsistent with or nullify any of the rights and privileges expressly granted under this
Agreement.
ARTICLE VI: STORAGE/CONDITION
Lessee shall return the terminal building to the Lessor at the conclusion of this Lease, in the
same condition as at the beginning of the Lease term, reasonable wear and tear excepted.
Lessee agrees to store its supplies inside its leased building area whenever possible. The Lessee
will be allowed to park appropriately marked Civil Air Patrol vehicle(s) long term in the
Terminal Parking Lot, provided these vehicles do not interfere with any other airport
operation.
ARTICLE VII: RENTAL SPACE IN THE TERMINAL BUILDING/RENT PAYABLE
During the term of this Lease, the Lessor hereby leases to the Lessee for the term of this
Agreement, use of the area now used as work and office space in the Terminal Building, and the
use of all the public space in the Terminal Building, its lobby, waiting room, rest rooms and
other public and passenger space, excluding areas currently occupied by other companies or
organization. The space herein leased to the Lessee for its use may be used by Lessee for the
furtherance of the organization or for such other purposes as may be needed by the Lessee in
the conduct of its business. The Lessor agrees during the term of this Agreement to maintain
and keep the Terminal Building in good condition and repair.
Lessee agrees that it will not tamper, interfere, or damage any equipment owned, stored,
maintained, or affixed to the building at this location.
Lessee agrees to pay for any modifications to the Terminal Building, which Lessee may require,
provided they have been approved by the City and meet current building codes and/or
regulation.
Commencing July 1, 2012, Lessee hereby agrees to pay Lessor for the use of the Terminal
Building, the sum of One Hundred Fifty-Six Dollars per month (1,040 SF x $0.15/SF = $156.00)
said sum to be billed (billed) and payable on or by the first working day of each month through
the full term of this Lease, and is late if paid after the 10th day of the month. Failure to timely
pay the rent, in addition to all other remedies, will result in a ten percent (10%) late charge.
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Commencing July 1, 2013, the monthly rental installments will also be increased by three
percent (3%), to the sum of One Hundred Sixty Dollars and Sixty-Eight cents per month (1,040
SF x $0.1545/SF = $160.68) said sum to be billed (billed) and payable on or by the first working
day of each month through the full term of this Lease, and is late if paid after the 10th day of the
month. Failure to timely pay the rent, in addition to all other remedies, will result in a ten
percent (10%) late charge.
Commencing July 1, 2014, the monthly rental installments will also be increased by three
percent (3%), to the sum of One Hundred Sixty-Five Dollars and Forty-Six cents per month
(1,040 SF x $0.1591/SF = $165.46) said sum to be billed (billed) and payable on or by the first
working day of each month through the full term of this Lease, and is late if paid after the 10th
day of the month. Failure to timely pay the rent, in addition to all other remedies, will result in
a ten percent (10%) late charge.
ARTICLE VIII: INDEMNITY
The Lessee agrees to indemnify and hold the Lessor harmless from and against all liabilities,
judgments, costs, damages and expenses which may accrue against, be charged to or recovered
from Lessor for damage to the property of the Lessor or the property of, injury to or the
death of any person arising from the Lessee's use and occupancy of and operations at the
airport under any circumstances except when caused by the Lessor's sole negligence or by the
joint negligence of Lessor and any person other than the Lessee.
Lessee agrees that it will, at its own expense, keep in force insurance policies in standard form
issued by a company or companies of sound and adequate financial responsibility covering any
accident arising from Lessee's use and occupancy of and operations at the airport under any
circumstances except when caused by Lessor's negligence or by the joint negligence of Lessor
and any person other than Lessee. Lessee will, at least annually, provide a Certificate of
Insurance setting forth the current liability coverage and limits of liability of any insurance
coverage in force with respect to liability arising out of the use of airport premises, with the
City named as an additional insured.
Lessee will provide general liability insurance protecting the City against claims for injury or
damages to persons or property, with said policy to have general liability limits of a minimum of
One Million Dollars ($1,000,000.00, single limit each occurrence) for bodily injury, and a
minimum of One Million Dollars ($1,000,000.00 each occurrence) for property damage. If such
insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no
less than two times the occurrence limit. Such insurance shall add the City of Brookings and its
officers, officials, employees, agents and volunteers as an additional insured. The general liability
insurance limits are subject to change and Lessee agrees to change limits of insurance if
required by the City.
ARTICLE IX: TERMINATION OF THIS AGREEMENT
(1) Cancellation by Lessor Due to Default or Violation of Lease by Lessee. In the event that
Lessee shall fail to perform, keep and observe any of the terms, covenants or conditions
herein contained, on its part to be performed, the Lessor may give the Lessee written
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75
notice to correct such condition or cure such default and, if such condition or default
shall continue for thirty (30) days after the receipt of such notice by the Lessee, the
Lessor may, after the lapse of said thirty (30) day period and prior to the correction or
curing of such condition or default, terminate this Lease by a written notice.
(2) Cancellation by Lessor. Lessor may cancel this Agreement, in its entirety, at any time, by
thirty (30) days written notice to Lessee, and Lessee shall promptly, within fifteen (15)
days of said notice, remove its property from the leased premises.
(3) Cancellation by Lessee. Lessee may cancel this Agreement, in its entirety, at any time, by
thirty (30) days written notice to Lessor.
ARTICLE X: CIVIL RIGHTS
Lessee, in the use of Brookings Airport Facilities as herein authorized, shall not, discriminate or
permit discrimination against any person or group of persons in any manner prohibited by Part
152 of the Federal Aviation Regulations and Lessee further agrees to comply with any
requirement made to enforce the foregoing which may be demanded of the Lessor by the
United States Government under authority of said Part 152.
ARTICLE XI: SUBORDINATION AGREEMENT
This Lease shall be subordinate to the provisions of any existing or future agreement between
the Lessor and the United States, relative to the operation or maintenance of the Airport, the
execution of which has been or may be required as a condition precedent to the expenditure
of federal funds for the development of the Airport.
ARTICLE XII: NON-EXCLUSIVE RIGHTS
Lessee shall have the right and privilege of engaging in and conducting a federally chartered non-
profit corporation on the premises of the Brookings Municipal Airport under the terms and
conditions as set forth herein; provided, however, that this Agreement shall not be construed
in any manner to grant Lessee or those claiming under it the exclusive right to the use of the
premises and facilities of said airport other than those premises leased exclusively to Lessee
hereunder.
ARTICLE XIII: MISCELLANEOUS
(1) Assignment. Lessee shall not assign this Agreement, or any of its rights hereunder, nor
sublet the premises or any part thereof, to any person without the written consent of
the Lessor.
(2) No waiver of default. No action whatsoever, except an express written waiver, shall be
construed to be or act as a waiver by Lessor or Lessee of any default by the other in the
performance of any of the terms, covenants or conditions of this Agreement to be
performed, kept and observed by it. No express written waiver by Lessor or Lessee
shall be construed to be or act as a waiver of any subsequent default by the other in the
performance of any of the terms, covenants and agreements of this Agreement to be
performed, kept and observed by it.
(3) Remedies are cumulative. The rights and remedies hereby created are cumulative and
the use of one remedy shall not be taken to exclude or waive the right to the use of
another.
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(4) Successors and assigns. All of the covenants, stipulations and agreements in this
Agreement shall extend to and bind the successors and assigns of the respective parties
hereto.
(5) Notices. Notices to the Lessor provided for herein may be delivered to City Hall, P.O.
Box 270, Brookings, South Dakota or to the Brookings Regional Airport, 509 West 2nd
Street South, Brookings, South Dakota, 57006, and notices to Lessee may be delivered
to the following address:
South Dakota Wing Headquarters
4275 Airport Road, Suite A
Rapid City, SD 57703
(6) Applicable Law. The laws of the State of South Dakota shall govern the Agreement and
this Agreement shall be deemed to have been made in and shall be construed in
accordance with the laws of the State of South Dakota.
(7) Counterparts. Several copies of this Agreement has been executed, each of which shall
be and shall constitute an original.
Dated this 12th day of June, 2012 Lessor: THE CITY OF BROOKINGS, SOUTH DAKOTA
By: _______________________________
Jeffrey Weldon
Its: City Manager
Attest: _____________________________
Shari Thornes, City Clerk
Lessee: CIVIL AIR PATROL, INC.
By: _______________________________
_______________________________
Its _______________________________
City of Brookings
June 12, 2012
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OTHER BUSINESS
18. Action to approve a “commemorative” name for 8th Street South
as “Bobcat Path.”
TO: Mayor and City Council Members
FROM: Jeff Weldon, City Manager
RE: Request from School District for “novelty” street name designation
Attached is a request from the Brookings School District for a “novelty” street name
designation of Eighth Street South from 22nd Avenue to Main Avenue to add a secondary
street name of “Bobcat Way.”
As the letter states, the purpose of the request is to provide better way-finding
capabilities for visitors to Brookings schools as well as improve a “school-community”
connection.
At the suggestion of the City, the School has modified their request for the street name
to be “Bobcat Path” instead of “Bobcat Way.”
The name designation is a ‘novelty’ and does not have any official capacity since Eighth
Street will still be the official street name for legal, address, postal, and 911 emergency
response purposes. Signage for “Bobcat Path” will be added to the existing street
identification posts. Labor and material for the signs will be paid for by the School
District and will be installed by the City Street Department. We intend to have all the
signs installed by the start of the new school year. City Council approval is required of
‘novelty’ street names designations. Staff recommends approval of the request.
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
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OTHER BUSINESS
19. TABLED ITEM: Action on Resolution No. 43-12, a Resolution
Amending the City of Brookings Vision 2020 Comprehensive Plan
Future Land Use Plan (South Campus Neighborhood District
Plan) Amendment to include the area from Medary Ave. to 14th
Ave. and from 6th St. to 7th St. (Legal Description: Blocks 1 and 6
of Randi Petersons, Blocks 1, 2, and 3 of Sandersons Addition).
This item was tabled at the March 27, 2012 Council Meeting:
“A motion was made by Corbett, seconded by McClemans, to amend
the Vision 2020 Comprehensive Plan Future Land Use Plan (South
Campus Neighborhood District Plan) to include the area from
Medary Ave. to 14th Ave. and from 6th St. to 7th St. (Legal
Description: Blocks 1 and 6 of Randi Petersons, Blocks 1, 2 and 3 of
Sandersons Addition).
A motion was made by Reed, seconded by Niemeyer, to table to the
April 10th Council Meeting. All present voted yes; motion carried.”
NOTE: The April 10th Council Meeting was cancelled and this item was
rescheduled to the June 12th Council Meeting.
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
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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: Motion to remove from table, Request Public Comment, Roll Call
City of Brookings
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Resolution No. 43-12
A Resolution amending the City of Brookings Vision 2020 Comprehensive Plan
Future Land Use Plan (South Campus Neighborhood District 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 12th day of June, 2012.
CITY OF BROOKINGS
_________________________
Tim Reed, Mayor
ATTEST:
____________________________
Shari Thornes, City Clerk
City of Brookings
June 12, 2012
83
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
February 2011. The Task Force created a questionnaire that was distributed to property
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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.
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
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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 8th 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 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.
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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
• 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
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• 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:
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.
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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 Blocks 1 and 2, Sanderson’s Addition and
Blocks 1 and 6 Randi Peterson’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
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89
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
June 12, 2012
91
OTHER BUSINESS
20. TABLED ITEM: Passengers on Tractors in Parades.
This item was tabled at the May 22nd Council Meeting:
“A motion was made by Thorpe, seconded by Bezdichek, to repeal
the action to prohibit passengers on tractors. Discussion: Kubal
voiced concern that there are no passenger seats on tractors. If a driver
has a passenger, one arm would hold the passenger, the other would hold
the steering wheel. Thorpe commented that the decision whether to have
passengers on tractors should be made by the parents or parade
participants and it is not for the City Council to mandate. Kubal advised
safety is the ultimate issue. Public Comment: Lisa Steenson commented
that if the City Council starts regulating safety, soon there will not be a
parade. Perry Miller advised that on July 27, 2011 the Brookings Radio
Station announced they would not sponsor a parade with these rules and
regulations in effect. Through the permit process, the Council put the
responsibility of regulating the parade on the organizer’s back. If anything
were to change at the current Council Meeting, it is most likely too late for
Brookings Radio to organize a 4th of July Parade in 2012.
TABLE: A motion was made by Niemeyer, seconded by Bezdichek,
to table the motion to repeal the action to prohibit passengers on
tractors to the June 12th City Council meeting. Bezdichek, Kubal,
Niemeyer and Thorpe voted yes; McClemans voted no; motion
carried to TABLE.”
City Manager Introduction
Action: Motion to remove from table, Request Public Comment, Roll Call
City of Brookings
June 12, 2012
92
OTHER BUSINESS
21. Presentation of revised Visitor Promotion Strategy and re-
organization.
To: Mayor Reed, City Council Members and Jeff Weldon, City Manager
From: Jeff Harms, Chamber Board President and Victoria Blatchford, Visitor
Promotions Chair
The CVB Taskforce has been diligently working on the best way to move the Brookings
visitor industry forward. Through this work, it is recommended that we combine the
efforts of the Visitor Promotions Committee and CVB and create a CVB Committee.
The CVB committee will serve as the guiding entity for event and visitor recruitment.
The CVB Committee will be responsible for hiring a dynamic, results oriented Executive
Director. Under the guidance of the CVB Committee, the Director will be responsible
for leading and advancing the visitor industry program, develop and implement a
comprehensive visitor strategy, as well as continue the implementation and management
of the Brookings brand.
The purpose and intent of the Memorandum of Understanding between the BEDC and
Chamber Boards and the CVB Committee is to establish basic operating procedures of
the BEDC and Chamber Boards and CVB Committee to ensure the three organizations
effectively collaborate for the betterment of the Brookings Area community, including
its’ residents, businesses, industries and local governments. In addition, the Joint
Management Committee, comprised of representatives from each entity, will serve to
keep everyone on the same path by annually reviewing budgets and work plans.
City of Brookings
June 12, 2012
93
MEMORANDUM OF UNDERSTANDING
Brookings Economic Development Corporation,
Brookings Area Chamber of Commerce and Brookings Convention & Visitors Bureau
1. Purpose & Intent of the Memorandum of Understanding
a. The purpose of this Memorandum of Understanding is to establish basic
operating procedures of the BEDC and Chamber Boards and CVB Committee
to ensure the three organizations effectively collaborate for the betterment of
the Brookings Area community, including its’ residents, businesses, industries and
local governments.
b. It is duly recognized that this initial memorandum will require modification and
amendment as this venture unfolds.
c. It is duly recognized that the Joint Governance Committee, hereinafter
described, will be encouraged to devise and implement practices that will
enhance the ability of this joint effort to attain the desired objectives hereinafter
described.
2. Objectives
a. To enhance service to the Brookings area and the members and/or constituents
of the BEDC and Chamber and CVB.
b. To avoid and eliminate overlap and duplication by the BEDC and Chamber and
CVB organizations, boards of directors, committees, and staff.
c. To gain efficiency and productivity in the use of staff resources, where possible.
d. To acquire budgetary efficiencies where possible for the parties to this
memorandum.
e. To improve communication between the parties to this memorandum.
3. Joint Governance Committee
a. Appointed:
i. A Joint Governance Committee consisting of the President, Vice-
President, and two additional members of the Board of Directors of the
BEDC and the Chairman, Vice-Chairman, and two additional members of
the Board of Directors of the Chamber, and Chairman, Vice-Chairman
and two additional members of the CVB Committee shall be appointed
annually at the January meetings of the respective Boards of Directors.
b. Responsibilities:
i. To propose amendments to this memorandum to the BEDC and
Chamber boards of directors, and CVB Committee as the need may
arise.
ii. To share elements of the annual work programs of parties to this
memorandum and recommend revisions to avoid duplication and overlap.
iii. To hear and decide grievance issues between staff only after such issue
has been directed through the formal grievance procedure of each
organization.
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June 12, 2012
94
4. Boards of Directors (BEDC & Chamber & CVB)
a. Responsibilities in this Memorandum of Understanding
i. To adopt Bylaw revisions as may be required to facilitate this
memorandum.
ii. To adopt the initial memorandum of understanding and amendments to
said memorandum as may be recommended by the Joint Governance
Committee.
iii. To establish an annual work program for their respective organizations.
iv. To cooperate with the partner organization(s) to this memorandum to
ensure adequate and timely progress is achieved on each organization’s
annual work program.
5. Conflict of Interest
a. Any voting member of the Joint Governance Committee, herein created, shall
announce the presence of any personal or business related conflict and abstain
from voting.
6. Partner Dispute Resolution
a. The Joint Governance Committee shall be granted the authority to devise and
implement solutions to all matters of dispute between the parties to this
memorandum, except for personnel matters and solutions that require a formal
budget action by parties to this memorandum. In the event a dispute resolution
can not be reached, the parties to this memorandum may dissolve the
memorandum as provided for below.
7. Duration
a. This memorandum shall continue until one, or all, parties vote to dissolve said
memorandum as provided for below.
8. Dissolution
a. This memorandum, as amended, may be dissolved upon ninety (90) days written
notice by any party.
Brookings Economic Development Corporation
By: _________________________________________________
, President
Date: ________________________________________________
Attest: _______________________________________________
Brookings Chamber of Commerce
By: _________________________________________________
,Chairman
City of Brookings
June 12, 2012
95
Date: ________________________________________________
Attest: ______________________________________________
Brookings Convention & Visitors Bureau
By: _________________________________________________
,Chairman
Date: ________________________________________________
Attest: ______________________________________________
Action: Informational
City of Brookings
June 12, 2012
100
OTHER BUSINESS
22. Consider authorization of issuance of a Request for Proposal for
hotel developers.
TO: Mayor and City Council Members
FROM: City Manager Jeff Weldon
RE: Request for Proposal (RFP) for hotel development
Over the past year, the City of Brookings has received informal inquiries from several
developers of hotels and franchise hotel chains expressing interest in building an
additional hotel in the community. This would be the first interest in additional lodging
since the Hampton Inn was constructed a few years ago. Two of the most probable
reasons we are seeing new interest from hotel developers is the economic recovery has
given them renewed confidence in the industry as a whole allowing them to address
pent-up demand for more hotels; and the incremental growth of the Brookings market
on several fronts which seems to be creating more demand for lodging
accommodations.
Some of this demand appears to be driven by weekend activities and event attractions
such as McCrory Gardens, SDSU, the Children’s Museum of South Dakota, adult and
youth athletic and recreational activities, more civic events, and larger events at the
Swiftel Center. Much of this can be directly attributed to the work of the Convention &
Visitors Bureau and the Visitor Promotions Committee. While weekend demand for
lodging is very high, weekday demand appears to be more speculative for the business
traveler as the community has a perceived shortage of conference and meeting facilities.
Now that Brookings is home to an NAHL hockey franchise team, even more demand
will be created with weekend lodging during the winter months.
However, it should be noted that actual demand for lodging may be slightly skewed
considering the Staurolite Inn has been providing extended stay lodging for construction
workers for the wind towers. That trend is expected to continue for the construction
of the Bel Brands USA Cheese Plant. To the best of my knowledge, there has been no
comprehensive market study conducted for the viability of adding another hotel. The
only information about hotel markets is ancillary to the two Swiftel Center feasibility
studies where were more geared toward facilities than hotel markets.
The specific determination of marketability belongs with the hotel and their developers
and such market information is usually a requirement for private sector financing. But
suffice it to say, the industry is seeing renewed confidence in the local market sufficient
to be contacting us with a wide range of detail in their inquiries.
One of the primary considerations amidst the speculation is the possible location for an
additional hotel. Like any business, hotels need good accessibility and visibility. They
also need proximity to the events and attractions that drive customers to their business.
City of Brookings
June 12, 2012
101
It is no surprise that almost all of the lodging facilities are clustered in one general
location in Brookings. Some of the sites we are receiving inquiries about relative to
location are: the SDDOT site on Highway 14, the Prairie Partners site on Highway 14
and 32nd Avenue next to Whiskey Creek, the Wiese Business Park, and adjacent to the
Swiftel and County Resource Center. Two of these four parcels are owned by the City
of Brookings. In addition, there has been some speculation about other privately-owned
parcels for re-development or new development elsewhere in the community.
Since there is interest in city-owned parcels, we would de facto be involved in the
development of a hotel, even if our involvement is limited to being the seller of
property. In order to get the best possible arrangement for the City, I would suggest
we issue a Request for Proposal (RFP) to developers and hotel franchise operators who
have expressed interest, as well as our local hoteliers, to better assess the level of
interest in developing a hotel and determine generally what provisions they might be
able to provide. It is also possible hoteliers may offer lucrative proposals to us utilizing
private property. With proposals from interested parties, we can assess them to
determine which, if any, of them we may want to consider with the ultimate goal of
having another hotel to serve the community.
I would suggest we issue an RFP written such that it explains what the City is generally
seeking to identify from hotel developers, but is flexible enough so we can entertain a
wide variety of options. We can then select the best proposal with which to begin
more detailed negotiations on specifics. If negotiations are not successful, we can move
to the next proposal. This allows us to consider a wide range of options and ideas
submitted by hotel developers that we may not have considered. What’s more,
proposers should be able to submit more than one proposal if they wish. For example,
a hotel developer may wish to submit a proposal for the SDDOT maintenance property
and a second proposal for us to consider adjacent to the Swiftel Center.
I would like to recruit an ad hoc committee of three or four community leaders to help
me and Community Development Director Mike Struck analyze and review the
proposals when they are received; and select the best one to begin the negotiation
process. A few additional participants in this process will be very helpful. I would then
negotiate the general terms and conditions of an agreement with the developer and
bring a development concept to the City Council for consideration. If the City Council
agrees to a development concept, we can continue with the next level of detail on a
development agreement which will certainly include substantial legal review.
It is impossible to accurately speculate how long or how detailed such negotiations will
need to be. It all depends upon the content of the initial proposal we select and where
we go from there. What is certain is that we will not know what options may
potentially exist unless we ask. Therein is the reason for the RFP. We have the
right to reject any and all proposals and we have no up-front costs or risk in asking for
proposals.
I would suggest the following general guidelines to the content of the RFP:
City of Brookings
June 12, 2012
102
1) A general introductory description that the City of Brookings is interested in the
private sector development of an upscale, market-sensitive priced hotel to serve
the growing lodging needs of the community and its market.
2) Respondents would be responsible for undertaking their own market research
to submit a proposal. The City will provide whatever ancillary data we have that
may be beneficial to receiving more and better proposals.
3) Respondents would have 30 days from the issuance of the RFP to submit a
proposal; after which the City would have 30 days to respond with a preliminary
selection of the best proposal.
4) RFPs would be sent to owners/proprietors of all local lodging establishments plus
all hotel chains, developers, franchisees, that have expressed an interest in
Brookings. Currently, that list, excluding local establishments, is approximately
half a dozen. The RFP would also be available on the website and promoted on
the websites of the Convention and Visitors Bureau (CVB) and Brookings
Economic Development Corporation (BEDC).
5) The RFP would suggest a variety of potential sites for consideration but
respondents would be free to suggest any site for development/re-development
in the corporate city limits, or parcels that could be readily annexed and serviced
with utilities.
6) Respondents must describe, in sufficient detail while preserving flexibility, their
proposal for developing a hotel, price ranges, market to which the hotel is
targeted, possible amenities, ownership and operating arrangements, potential
“flag” brand names, general financing arrangements, etc.
7) Respondents may submit more than one proposal.
Staff requests authorization to develop and distribute a Request for Proposal and
proceed along the steps described in this memo.
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City of Brookings
June 12, 2012
103
OTHER BUSINESS
23. Discussion and possible action on Master Drainage Plan Project
Priority List.
Background:
The City of Brookings adopted the City of Brookings Master Drainage Plan in 2008. The
Master Drainage Plan included 12 specific study areas, 34 subwatershed areas,
hydrological SWMM model data, and cost estimates for the projects. The Master
Drainage Plan serves two purposes:
1. Identifying improvements for existing drainage conditions throughout the City of
Brookings and future growth areas; and
2. Providing supplemental SWMM model data which may be used by consultants for
drainage analysis of existing and future developments.
The City Council held discussions and gathered public input regarding the 12 specific
study areas. Each area was analyzed for its adequacy to accommodate both a 5-year and
100-year storm event. Improvements for each of the 12 areas were recommended as
well as an approximate cost of each improvement. After the City Council adopted the
Master Drainage Plan, discussions were held to prioritize the order of the projects.
Input was gathered locally from residents, developers, and consultants and a “Project
Ranking System” was adopted by the City Council to use as a tool to prioritize and rank
the drainage projects. Finally, a prioritized list of projects was adopted in 2009. Since
many of the drainage improvement projects are naturally interrelated, it was the intent
to continue to reprioritize the list as projects are completed.
Project Ranking System:
The ranking of the projects is based on a series of different criteria. The criteria are as
follows:
• Potential Environmental Impact
• Number of Buildings Affected
• Occupant Evacuation
• Property Damage
• Traffic Impact
• Location in Basin
• Cost Versus Budget
• Reduced Maintenance Issues
• Infrastructure Age
• Citizen Safety
Each criterion also has a certain “weighting factor” assigned to it related to the
importance of the specific criterion. For instance, “Citizen Safety” has a very high weight
factor. Certain projects can be subdivided and completed in phases, which can benefit
other projects within the Project Ranking System.
City of Brookings
June 12, 2012
104
Current Project Ranking:
The prioritized list and status of each project are as follows:
Project 1 (Southland Lane): Phase I: detention pond completed
Phase II: downstream improvements uncompleted
Project 2 (Garden Square Apartment & Garden Village): completed
Project 3 (15th St. S & 7th Ave S.): Phase I: detention pond under construction
Phase II: downstream ditch/piping uncompleted
Project 4 (Hammond/Horner Ave, Squire Ct): will be bid for 2012/2013 construction
Project 5 (Medary Ave & 20th St.S): Phase I: Nelson pond will be bid 2012
Phase II: piping under 20th: uncompleted
Phase II: downstream improvements: uncompleted
Project 6: (17th Ave. S & Pebble Beach Dr.): uncompleted
Project 7: (Lefevre Drive): uncompleted
Project 8: (West 2nd St & West Folsom St): uncompleted
Project 9: (West 20th Street South): under design with the 20th Street S. street project
Project 10: (Medary Ave. at 1st St & 2nd St intersections): uncompleted
Project 11: (17th Ave. & Sawgrass Dr): uncompleted
Project 12: (6th Avenue viaduct): uncompleted
It was the City’s intent to reprioritize the project list after the first three projects were
completed. For example, construction of a detention pond in one part of the city could
reduce peak storm flows in another part of the city; which would then affect the scoring
of related projects. The City Engineering staff has examined each of the completed
projects and the effects they had on downstream hydrological conditions.
In addition, one new project was added to the prioritized list. SDSU will be starting a
Storm Sewer Master Plan Study for the campus area. One of the anticipated outcomes
from this study is a regional storm water detention pond on the southeast corner of
Medary Avenue and Highway 14 Bypass which would accept a significant portion of the
City’s runoff in addition to SDSU’s runoff. It would coincide with Area 20 improvements
identified in the Master Drainage Plan. This detention pond was ranked using an
approximate construction cost.
The revised Drainage Improvement Project Ranking is attached and Jackie Lanning, City
Engineer and Thad Drietz, Assistant City Engineer will be available to facilitate the
discussion regarding the updated ranking.
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
Drainage Improvement Project RankingDate:Wt =0.40Wt =0.70Wt =0.90Wt =0.50Wt =0.70Wt =0.90Wt =1.00Wt =0.40Wt =0.50Wt =1.20Capital CostDrainage ImprovementsRank Result Rank Result Rank Result Rank Result Rank Result Rank Result Rank Result Rank Result Rank Result Rank ResultTotalRank5 yr Storm 100 yr StormWest 2nd Street & West Folsom Street: Xtra Space Storage*3 1.20 1 0.70 1 0.90 4 2.00 1 0.70 4 3.60 3 3.00 3 1.20 5 2.50 2 2.4018.205$1,900,000$2,700,000Hammond Avenue & Horner Avenue, North of Squire Court4 1.60 3 2.10 3 2.70 3 1.50 2 1.40 3 2.70 2 2.00 3 1.20 3 1.50 3 3.6020.302$2,000,000n/aLeFevre Drive4 1.60 0 0.00 2 1.80 1 0.50 5 3.50 2 1.80 3 3.00 4 1.60 3 1.50 2 2.4017.708$85,000$250,0006th Avenue Viaduct under DM&E Railroad5 2.00 0 0.00 0 0.00 0 0.00 3 2.10 3 2.70 3 3.00 5 2.00 3 1.50 4 4.8018.106$90,000n/aProperty Dmg5/9/2012Citizen SafetyEnviro ImpactReduced MaintCost vs. Budget InfrastructureLocationTraffic ImpactBuildings OccupantsMedary Avenue & 20th Street South (Phase 1 - Nelson Pond)1 0.40 2 1.40 2 1.80 2 1.00 4 2.80 5 4.50 4 4.00 3 1.20 2 1.00 2 2.4020.501$400,000$400,000Medary Avenue & 20th Street South (Phase 2 - piping under 20th)3 1.20 1 0.70 1 0.90 1 0.50 4 2.80 2 1.80 5 5.00 4 1.60 3 1.50 2 2.4018.404$300,000$500,000Medary Avenue & 20th Street South (Phase 3 - downstream county)1 0.40 3 2.10 2 1.80 2 1.00 2 1.40 5 4.50 0 0.00 4 1.60 3 1.50 2 2.4016.7010$5,000,000$10,000,000Medary Avenue & Intersections of 1st Street and 2nd Street5 2.00 1 0.70 2 1.80 2 1.00 4 2.80 3 2.70 0 0.00 1 0.40 4 2.00 2 2.4015.8012$553,553$1,500,00015th Street South & 7th Avenue Pheasants Nest (Phase 2 ditch/piping)3 1.20 3 2.10 4 3.60 3 1.50 1 0.70 3 2.70 0 0.00 2 0.80 1 0.50 2 2.4015.5013$2,243,431$4,962,629Southland Lane & 12th Street South Detention (Phase 2 piping)3 1.20 3 2.10 3 2.70 3 1.50 3 2.10 3 2.70 0 0.00 2 0.80 1 0.50 2 2.4016.0011$2,500,000n/aSDSU Regional Pond & Infrastructure from 8th Street.3 1.20 2 1.40 1 0.90 2 1.00 3 2.10 5 4.50 2 2.00 4 1.60 2 1.00 2 2.4018.107$750,000$1,500,00017th Avenue South and Sawgrass Drive4 1.60 1 0.70 2 1.80 2 1.00 4 2.80 2 1.80 2 2.00 1 0.40 1 0.50 2 2.4015.0014$445,004$1,027,38417th Avenue South and Pebble Beach Drive4 1.60 2 1.40 2 1.80 3 1.50 3 2.10 2 1.80 4 4.00 1 0.40 1 0.50 2 2.4017.509$100,000$350,000West 20th Street South and Main Avenue (with street project)4 1.60 2 1.40 1 0.90 3 1.50 0 0.00 4 3.60 5 5.00 5 2.00 4 2.00 1 1.2019.203$16,486,511$23,429,059
City of Brookings
June 12, 2012
106
OTHER BUSINESS
24. Appointment of Deputy Mayor.
The City Charter requires the City Council annually to appoint a Deputy
Mayor. The Deputy Mayor’s duties are to conduct City Council Meetings
in the absence of the Mayor and to conduct ceremonial duties when the
Mayor is not available. This is a one-year term ending June 1, 2013.
Council Member Thorpe is the current Deputy Mayor. A nomination from
the floor would be appropriate.
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City of Brookings
June 12, 2012
107
OTHER BUSINESS
25. Appointment of Ex-Officios.
City Council Members will be appointed as ex-officio members to the
Utility Board and Brookings Health Systems Board.
Current Ex-Officio Appointments:
Utility Board: Ope Niemeyer and Keith Corbett
Brookings Health System Board: John Kubal and Mike McClemans
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City of Brookings
June 12, 2012
108
26. Adjourn