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Home My WebLink About2012_08_14 CC PKT1 Brookings City Council Tuesday, August 14, 2012 4:00 p.m. Work Session 6:00 p.m. Regular Meeting Brookings City & County Government Center Chambers - Room 310 520 Third Street The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse economic base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal management. 4:00 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. Proposed 2013 Budget. 2. City Council Member Ex-Officio Reports. 3. Joint Powers Board members’ Report. 4. City Council member introduction of topics for future discussion. * 5. Review of Council Agenda, Invites and Obligations. *Any Council member may request discussion of any issue at a future meeting only. Items cannot be added for action at this meeting. A motion and second is required stating the issue, requested outcome, and time. A majority vote is required. 6:00 p.m. REGULAR MEETING 1. Call to order. 2. Pledge of Allegiance. 3. Record of Council Attendance. 4. Action to approve the following Consent Agenda Items:* a. Action to approve the agenda. b. Action to approve minutes. c. Action to approve a Memorandum of Understanding by and Between the City of Brookings And Bluegill, Inc. for the Development of Watermain Infrastructure Project. d. Action on Brookings City & County Government Center Change Orders. e. Action to approve a volunteer appointment to the Park & Recreation Board. f. Action to approve Resolution No. 99-12, a Resolution in Support of Land and Water Conservation Fund Grant Application. g. Action on Resolution No. 95-12, a Resolution authorizing Change Order No. 2 for the Brookings Nature Park – Fisheries Improvements, Rounds Construction Company, Inc. 5. Items removed from Consent Agenda. Motion to Approve, Request Public Comment, Roll Call *Matters appearing on the Consent Agenda are expected to be non-controversial and will be acted upon by the Council at one time, without discussion, unless a member of the Council or City Manager requests an opportunity to address any given item. Items removed from the Consent Agenda will be discussed at the beginning of the formal items. Approval by the Council of the Consent Agenda items means that the recommendation of the City Manager is approved along with the terms and conditions described in the agenda supporting documentation. City of Brookings August 14, 2012 2 Open Forum/Presentations/Reports 6. Open Forum. 7. SDSU Student Senate Report. Contracts & Change Orders 8. Action on Resolution No. 96-12, a Resolution awarding contract for Dakota Nature Park, Phase II Nature Center Building. Action: Motion to Approve, Request Public Comment, Roll Call First Readings** **No vote is taken on the first reading of an Ordinance. The title of the Ordinance is read and the date for the public hearing is announced. Second Readings & Public Hearings 9. Public hearing and action on Ordinance No. 20-12, an Ordinance rezoning Blocks 1 and 2, Brown and Kron Addition including Richard’s Subdivision; Robson’s Addition; Blocks 1 and 3, Sioux Heights Addition; Blocks 1, 5, and 15, East Acres Second Addition; Blocks 1, 2, and 3, Legeros Second Addition; Blocks 1 and 2, Legeros and Amidon Addition; Blocks 2 and 3, Gilley Addition, and Mills Addition from a Residence R-2 District to a Residence R-1C District. (Location: 3rd Street to the Railroad Tracks and from the corner of 1st Street & 13th Avenue to 17th Avenue.) Action: Open & Close Public Hearing, Motion to Approve, Roll Call 10. Public hearing and action on Ordinance No. 21-12, an Ordinance revising the Zoning Ordinance pertaining to the definition of automobile sales. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 11. Public hearing and action on Ordinance No. 22-12, an Ordinance revising Ordinance Section 82-305 and Pertaining to Speed Zones in the City of Brookings, South Dakota. Action: Open & Close Public Hearing, Motion to Approve, Roll Call Alcohol Licenses 12. Public hearing and action on an On-Off Sale Malt License for The Blizzard, LLC, Chris Canavati and Mitri Canavati, owners, 924 32nd Ave., Larson Ice Arena, Brookings, South Dakota (legal description: Blocks 6 and 7, Wiese Addition). Action: Open & Close Public Hearing, Motion to Approve, Roll Call 13. Public hearing and action on an On-Off Sale Malt License for Sake, Inc., En Qin Lin, owner, 724 22nd Ave., Brookings Mall, Brookings, South Dakota (legal description - the North 14.5’, of the South 542.8’, and the East 54.5’ of the West 309’ including the North 20’ of the South 528.3’ and the East 59’ of the West 313.5’; Patio – the North 14.5’ of the South 542.8’ and the East 24’ of the West 333’ including the North 20’ of the South 528.3’ and the East 19.5 ‘ of the West 333’). Action: Open & Close Public Hearing, Motion to Approve, Roll Call City of Brookings August 14, 2012 3 14. Action to approve Resolution No. 101-12, a Resolution authorizing the City Manager to enter into an Operating Agreement for On-Off Sale Wine for Sake, Inc., En Qin Lin, owner, 724 22nd Ave., Brookings Mall, Brookings, South Dakota (legal description - the North 14.5’, of the South 542.8’, and the East 54.5’ of the West 309’ including the North 20’ of the South 528.3’ and the East 59’ of the West 313.5’; Patio – the North 14.5’ of the South 542.8’ and the East 24’ of the West 333’ including the North 20’ of the South 528.3’ and the East 19.5 ‘ of the West 333’). Action: Motion to Approve, Request Public Comment, Roll Call 15. Action to approve Resolution No. 102-12, a Resolution authorizing the City Manager to enter into an Operating Agreement for On-Off Sale Wine License for The Pheasant Café & Lounge, Ron and Georgiana Olson, owners, 726 Main Ave. So., Brookings, South Dakota (legal description: Lot 2, Block 2, Grossman Heights Addition). Action: Motion to Approve, Request Public Comment, Roll Call Other Business 16. Action to approve a Memorandum of Understanding between the City of Brookings and the Brookings Convention and Visitors Bureau for certain services. Action: Motion to Approve, Request Public Comment, Roll Call 17. Action on Resolution No. 100-12, a Resolution dissolving the Visitor Promotions Committee. Action: Motion to Approve, Request Public Comment, Roll Call 18. Action on a Legal Services Agreement between the City of Brookings and Steven J. Britzman, Attorney at Law for a three-year contract (01/01/13-12/31/15). Action: Motion to Approve, Request Public Comment, Roll Call 19. Adjourn. Brookings City Council Tim Reed, Mayor, Keith Corbett, Deputy Mayor & Council Member Council Members Tom Bezdichek, Jael Thorpe, John Kubal, Mike McClemans, Ope Niemeyer Council Staff Jeffrey W. Weldon, City Manager Steven Britzman, City Attorney Shari Thornes, City Clerk View the City Council Meeting Live on the City Government Access Channel 9. Rebroadcast Schedule: Wednesday 1:00pm / Thursday 7:00pm/Friday 9:00pm / Saturday 1:00pm The complete City Council agenda packet is available on the city website: www.cityofbrookings.org 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 August 14, 2012 4 4:00 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. Proposed 2013 Budget. TO: Mayor and City Council Members FROM: City Manager Jeff Weldon RE: Proposed 2013 Budget Review of the 2013 Budget will begin on August 14th from 4:00 to 6:00 p.m. At that time I will provide a complete overview of the City Departmental operating budgets. Additional budget discussion is scheduled for the August 28th meeting from 4:00 to 6:00 p.m. We will review the budget in summary and review the proposed 5-year Capital Improvement Plan with the emphasis on the 2013 proposed capital. We will identify specific placement of future street projects and discuss strategies for financing future streets accordingly. If you determine additional time is necessary, a special Council meeting has been tentatively scheduled for August 21st. The first and second reading of the budget adoption ordinance will be held during the September 11th and September 25th meetings respectively. If you have any questions before or between meetings about the budget, feel free to contact Finance Manager, Rita Thompson or myself. All Council Members were provided with the Proposed 2013 Budget on disk and hardcopy. Please remember to bring your budget documents to all meetings. The proposed 2013 City of Brookings Budget 5-Year Capital Improvement Plan are available on the front page of the City’s website: www.cityofbrookings.org City of Brookings August 14, 2012 5 4:00 p.m. WORK SESSION Work sessions are open to the public. During the work session the city staff would brief the council on items for that particular meeting, introduce future topics, and provide a time for Council members to introduce topics. 2. City Council Member Ex-Officio Reports. Pursuant to council direction, “City Council Member Ex-Officio Reports” will be a standing agenda item at all Council Work Sessions. The Council Members that serve as Ex-Officio members on the Brookings Health System Board of Trustees and Utility Board will provide verbal reports regarding recent meetings they have attended. Brookings Municipal Utility Board: 1. Council Member Niemeyer 2. Council Member McClemans Brookings Health Systems Board: 1. Council Member Kubal 2. Council Member Corbett City of Brookings August 14, 2012 6 4:00 p.m. WORK SESSION Work sessions are open to the public. During the work session the city staff would brief the council on items for that particular meeting, introduce future topics, and provide a time for Council members to introduce topics. 3. Joint Powers Board 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 August 14, 2012 7 4:00 p.m. WORK SESSION Work sessions are open to the public. During the work session the city staff would brief the council on items for that particular meeting, introduce future topics, and provide a time for Council members to introduce topics. 4. City Council member introduction of topics for future discussion. Any Council member may request discussion of any issue at a future meeting only. Items cannot be added for action at this meeting. A motion and second is required stating the issue, requested outcome, and time frame. A majority vote is required. City of Brookings August 14, 2012 8 4:00 p.m. WORK SESSION Work sessions are open to the public. During the work session the city staff would brief the council on items for that particular meeting, introduce future topics, and provide a time for Council members to introduce topics. 5. Review of Council Agenda, Invites and Obligations. Date Day Event & Brief Description Time Location / Town / Address / Directions August 16 Thursday Deer Creek Station Dedication Ceremony 10:30 a.m. – 11:30 a.m. Deer Creek Station Site August 21 Tuesday Pending Special Budget Council Meeting (if needed) TBD Chambers August 28 Tuesday Council Meeting 4:00 p.m. (potential start time) 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 18 Tuesday Council Study Session 5:00 p.m. Community Room September 20-22 Thursday- Saturday NLC Leadership Summit Charlotte, NC September 25 Tuesday Council Meeting 5:00 p.m. Chambers September 27 Thursday Mayor’s Awards Reception 5:00 p.m. Brookings High School October 3-5 Wednesday- Friday SDML Annual Conference Pierre, Ramkota October 7 Sunday Diversity Potluck 5:00 p.m. – 7:00 p.m. McCrory Gardens Visitors Center October 9 Tuesday Council Meeting 5:00 p.m. Chambers October 23 Tuesday Council Meeting 5:00 p.m. Chambers October 27 Saturday Hobo Day 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 February 5-6 Tuesday- Wednesday Rib Dinner & Municipal League Day at the Capitol Pierre, SD 9 6:00 p.m. REGULAR MEETING 1. Call to order. 2. Pledge of Allegiance. 3. Record of Council Attendance. 4. Action to approve the following Consent Agenda Items: a. Action to approve the agenda. b. Action to approve minutes. c. Action to approve a Memorandum of Understanding by and Between the City of Brookings and Bluegill, Inc. for the Development of Watermain Infrastructure Project. d. Action on Brookings City & County Government Center Change Orders. e. Action to approve a volunteer appointment to the Park & Recreation Board. f. Action to approve Resolution No. 99-12, a Resolution in Support of Land and Water Conservation Fund Grant Application. g. Action on Resolution No. 95-12, a Resolution authorizing Change Order No. 2 for the Brookings Nature Park – Fisheries Improvements, Rounds Construction Company, Inc. 5. Items removed from Consent Agenda. Motion to Approve, Request Public Comment, Roll Call Open Forum/Presentations/Reports 6. Open Forum. 7. SDSU Student Senate Report. Contracts & Change Orders 8. Action on Resolution No. 96-12, a Resolution awarding contract for Dakota Nature Park, Phase II Nature Center Building. Action: Motion to Approve, Request Public Comment, Roll Call Second Readings & Public Hearings 9. Public hearing and action on Ordinance No. 20-12: An Ordinance rezoning Blocks 1 and 2, Brown and Kron Addition including Richard’s Subdivision; Robson’s Addition; Blocks 1 and 3, Sioux Heights Addition; Blocks 1, 5, and 15, East Acres Second Addition; Blocks 1, 2, and 3, Legeros Second Addition; Blocks 1 and 2, Legeros and Amidon Addition; Blocks 2 and 3, Gilley Addition, and Mills Addition from a Residence R-2 District to a Residence R-1C District. (Location: 3rd Street to the Railroad Tracks and from the corner of 1st Street & 13th Avenue to 17th Avenue.) Action: Open & Close Public Hearing, Motion to Approve, Roll Call 10. Public hearing and action on Ordinance No. 21-12: An Ordinance revising the Zoning Ordinance pertaining to the definition of automobile sales. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 11. Public hearing and action on Ordinance No. 22-12: An Ordinance revising Ordinance Section 82-305 and Pertaining to Speed Zones in the City of Brookings, South Dakota. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 10 Alcohol Licenses 12. Public hearing and action on an On-Off Sale Malt License for The Blizzard, LLC, Chris Canavati and Mitri Canavati, owners, 924 32nd Ave., Brookings, South Dakota, legal description: Blocks 6 and 7, Wiese Addition (Larson Ice Arena). Action: Open & Close Public Hearing, Motion to Approve, Roll Call 13. Public hearing and action on an On-Off Sale Malt License for Sake, Inc., En Qin Lin, owner, 724 22nd Ave., Brookings Mall, Brookings, South Dakota (legal description - the North 14.5’, of the South 542.8’, and the East 54.5’ of the West 309’ including the North 20’ of the South 528.3’ and the East 59’ of the West 313.5’; Patio – the North 14.5’ of the South 542.8’ and the East 24’ of the West 333’ including the North 20’ of the South 528.3’ and the East 19.5 ‘ of the West 333’). Action: Open & Close Public Hearing, Motion to Approve, Roll Call 14. Action to approve Resolution No. 101-12, a Resolution authorizing the City Manager to enter into an Operating Agreement for On-Off Sale Wine for Sake, Inc., En Qin Lin, owner, 724 22nd Ave., Brookings Mall, Brookings, South Dakota (legal description - the North 14.5’, of the South 542.8’, and the East 54.5’ of the West 309’ including the North 20’ of the South 528.3’ and the East 59’ of the West 313.5’; Patio – the North 14.5’ of the South 542.8’ and the East 24’ of the West 333’ including the North 20’ of the South 528.3’ and the East 19.5 ‘ of the West 333’). Action: Motion to Approve, Request Public Comment, Roll Call 15. Action to approve Resolution No. 102-12, a Resolution authorizing the City Manager to enter into an Operating Agreement for On-Off Sale Wine License for The Pheasant Café & Lounge, Ron and Georgiana Olson, owners, 726 Main Ave. So., Brookings, South Dakota (legal description: Lot 2, Block 2, Grossman Heights Addition). Action: Motion to Approve, Request Public Comment, Roll Call Other Business 16. Action to approve a Memorandum of Understanding between the City of Brookings and the Brookings Convention and Visitors Bureau for certain services. Action: Motion to Approve, Request Public Comment, Roll Call 17. Action on Resolution No. 100-12, a Resolution dissolving the Visitor Promotions Committee. Action: Motion to Approve, Request Public Comment, Roll Call 18. Action on a Legal Services Agreement between the City of Brookings and Steven J. Britzman, Attorney at Law for a three-year contract (01/01/13-12/31/15). Action: Motion to Approve, Request Public Comment, Roll Call 19. Adjourn. City of Brookings August 14, 2012 11 CONSENT AGENDA #4 4. Action to approve the following Consent Agenda Items: * a. Action to approve the agenda. b. Action to approve minutes. c. Action to approve a Memorandum of Understanding by and Between the City of Brookings And Bluegill, Inc. for the Development of Watermain Infrastructure Project. d. Action on Brookings City & County Government Center Change Orders. e. Action to approve a volunteer appointment to the Park & Recreation Board. f. Action to approve Resolution No. 99-12, a Resolution in Support of Land and Water Conservation Fund Grant Application. g. Action on Resolution No. 95-12, a Resolution authorizing Change Order No. 2 for the Brookings Nature Park – Fisheries Improvements, Rounds Construction Company, Inc. *Matters appearing on the Consent Agenda are expected to be non-controversial and will be acted upon by the Council at one time, without discussion, unless a member of the Council or City Manager requests an opportunity to address any given item. Items removed from the Consent Agenda will be discussed at the beginning of the formal items. Approval by the Council of the Consent Agenda items means that the recommendation of the City Manager is approved along with the terms and conditions described in the agenda supporting documentation. ACTION: Motion to Approve, Request Public Comment, Roll Call City of Brookings August 14, 2012 12 CONSENT AGENDA #4 B. Action to approve minutes. The draft July 24th Brookings City Council minutes are enclosed for Council review and approval. City of Brookings August 14, 2012 13 Brookings City Council July 24, 2012 (unapproved) The Brookings City Council held a meeting on Tuesday, July 24, 2012 at 5:00 p.m., at City Hall with the following members present: Mayor Tim Reed, Council Members Jael Thorpe, John Kubal, Mike McClemans, Tom Bezdichek, Ope Niemeyer and Keith Corbett. City Attorney Steve Britzman, City Manager Jeff Weldon and City Clerk Shari Thornes were also present. Second Penny Sales Tax Cash Flow Discussion. Weldon reviewed the 2013-2017 Second Penny Sales and Use Tax 5-Year Cash Flow Projections. 6:00 P.M. MEETING. Consent Agenda. A memorandum of understanding between the City of Brookings and Joe and Janet Mendel was removed from the agenda. A motion was made by Corbett, seconded by McClemans, to approve the consent agenda. a. Action to approve the agenda as amended. b. Action to approve the July 14th Council meeting minutes. c. Action on Resolution No. 94-12, a Federal Aid Surface Transportation Program Resolution for County and Urban Projects. Resolution No. 94-12 - Federal Aid Surface Transportation Program Resolution for County and Urban Projects Whereas, the City of Brookings has desires the construction and improvement of the road and/or bridge as hereinafter described including revised costs due to additional scope for curb ramps and local material pricing: Year Project Location Type of Work Length Cost 2013 12th St. S. from Main Av. S. Milling & Asphalt Overlay .02 $1,000,000 To 22nd Ave. S. & Pavement Markings 2013 Intersection of 12th St.S. New Traffic Signal & .02 $180,000 And 17th Ave. S. Pavement Markings 2013 Intersection of Main Av. S New Traffic Signal & .02 $180,000 And 20th St. S. Pavement Markings 2013 Medary Ave. from Milling & Asphalt Overlay 0.8 $400,000 N. Campus Dr to NCL & Pavement Markings 2014 Sunrise Ridge Rd. from 6th Milling & Asphalt Overlay .63 $350,000 St. to Eastbrook Dr. & Pavement Markings 2014 17th Ave. S. from 6th St. Milling & Asphalt Overlay 1.0 $375,000 To 8th St. S. & Pavement Markings 2014 Eastbrook Dr. from Milling & Asphalt Overlay .33 $230,000 Sunrise RidgeRd. To & Pavement Markings 22nd Ave. S. City of Brookings August 14, 2012 14 2017 Main Ave. S. 8th St. S. Milling & Asphalt Overlay 1.0 $650,000 To 20th St. S & Pavement Markings Whereas, the City of Brookings is obligated and hereby agrees to provide proper maintenance as required by the Federal Highway Act as amended and supplemented thereto for the project after construction is completed and to regulate or cause to be regulated the installation of utility facilities within the limits of the right of way of the proposed project in accordance with State and Federal requirements. Whereas, the City of Brookings is obligated and hereby agrees to reimburse the State for all costs not reimbursable with Surface Transportation Program (STP) Funds and associated State matching funds. Whereas, the City of Brookings will utilize STP funds for 100% of the project. Now, Therefore, Be It Resolved that the South Dakota Department of Transportation be and hereby is authorized and requested to program for construction, in accordance with the “Secondary Road Plan” and the State’s “Standard Specifications for Roads and Bridges,” the project described. On the motion, all present voted yes; motion carried. First Reading – Ordinance No. 20-12. A first reading was held on Ordinance No. 20-12, an Ordinance rezoning Blocks 1 and 2, Brown and Kron Addition including Richard’s Subdivision; Robson’s Addition; Blocks 1 and 3, Sioux Heights Addition; Blocks 1, 5, and 15, East Acres Second Addition; Blocks 1, 2, and 3, Legeros Second Addition; Blocks 1 and 2, Legeros and Amidon Addition; Blocks 2 and 3, Gilley Addition, and Mills Addition from a Residence R-2 District to a Residence R-1C District. (Location: 3rd Street to the Railroad Tracks and from the corner of 1st Street & 13th Avenue to 17th Avenue.). Public hearing: August 14, 2012. First Reading – Ordinance No. 21-12. A first reading was held on Ordinance No. 21-12, an Ordinance revising the Zoning Ordinance pertaining to the definition of automobile sales. Public hearing: August 14, 2012. First Reading – Ordinance No. 22-12. A first reading was held on Ordinance No. 22-12, An Ordinance revising Ordinance Section 82-305 and Pertaining to Speed Zones in the City of Brookings, South Dakota. Public hearing: August 14, 2012. Resolution No. 97-12. A public hearing was held on Resolution No. 97-12, a Resolution Determining the Necessity of Repairing or Installing Sidewalks in the City of Brookings at the Expense of Abutting Property Owners, 2012-01SWR Sidewalk Repair Project. No public comment. A motion was made by Corbett, seconded by Kubal, to approve Resolution No. 97- 12. All present voted yes; except McClemans abstained, motion carried. City of Brookings August 14, 2012 15 Resolution No. 97-12 - Resolution Determining the Necessity of Repairing or Installing Sidewalks in the City of Brookings at the expense of Abutting Property Owners 2012-01SWR Sidewalk Repair Project Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows: 1. It is hereby determined that sidewalk repairs or installation is necessary abutting the parcels and lots of land in the City described in the Notice to Property Owners attached to this Resolution and marked as 2012-01SWR Sidewalk Repair Project. 2. Such sidewalks shall be installed to the width and of the materials prescribed by Chapter 74, “Streets, Sidewalks and other Public Places” and Article V. “Sidewalks”, and to the grade and in accordance with the design standards in the office of the City Engineer. 3. The method of apportionment of benefits is as follows: Such assessments, unless paid within thirty (30) days after the date of mailing of a statement of account by the City, shall be collected by the City in accordance with the procedure for Plan One in Section 9-43-102, South Dakota Codified Laws, as amended, with interest of 10% on the unpaid balance. Assessments amounting to less than $300.00 shall be paid in one payment. Assessments will include a 6% fee for engineering and administration costs. 3. The City Clerk has caused a copy of the Resolution and a Notice to Property Owners to be mailed to each property owner by certified mail. Resolution No. 98-12. A motion was made by Kubal, seconded by Niemeyer, to approve Resolution No. 98-12, a Resolution Declaring Intent to Reimburse Expenditures with Proceeds of Bond Issue for Airport Improvements. All present voted yes; motion carried. Resolution No. 98-12 - Resolution Declaring Intent to Reimburse Expenditures with Proceeds of Bond Issue Whereas, the City of Brookings, South Dakota (the “Issuer”), by virtue of the laws of the State of South Dakota, particularly SDCL Title 50 (the “Act”), and the authorities therein mentioned, wishes to take the necessary actions for the issuance of Sales and Use Tax Revenue Bonds of the Issuer (the “Bonds”) in order to assist in the financing of the airport runway realignment project and the equipping of the same located in City of Brookings (the “Project”); and Whereas, United States Treasury Regulations §1.150-2 (the “Reimbursement Regulations”) prescribe conditions under which proceeds of bonds, notes or other obligations (“Bonds”) used to reimburse advances made for capital and certain other expenditures (“Original Expenditures”) paid before the issuance of such Bonds will be deemed to be expended (or properly allocated to expenditures) for purposes of Sections 103 and 141-150 of the Internal Revenue Code of 1986, as amended (the “Code”), upon such reimbursement so that the proceeds so used will no longer be subject to requirements or restrictions under those sections of the Code; and City of Brookings August 14, 2012 16 Whereas, certain provisions of the Reimbursement Regulations require that there be a Declaration of Official Intent not later than 60 days following payment of the Original Expenditures expected to be reimbursed from proceeds of Bonds, and that the reimbursement occur within certain prescribed time periods after an Original Expenditure is paid or after the property resulting from that Original Expenditure is placed in service; and Whereas, the City of Brookings wishes to take steps to comply with the Reimbursement Regulations; Now, Therefore, It Is Hereby Resolved: 1) This City Council hereby declares that the City of Brookings reasonably expects that the capital and other expenditures described in the first recital of this resolution as the Project, to the extent such expenditures are made prior to the issuance of the Bonds, will be reimbursed with the proceeds of the Bonds (as that term is defined in Section 150 of the Code). The maximum principal amount of Bonds expected to be issued for the Project is $3,000,000. 2) This declaration of intent shall be available for public inspection. A reimbursement allocation of the expenditures for the Project with the proceeds of the borrowing described here will occur not later than 18 months after the later of (i) the date on which the expenditure is paid, or (ii) the date the Project is placed in service or abandoned, but in no event more than three (3) years after the original expenditure is paid. A reimbursement allocation is an allocation in writing that evidences the Issuer’s use of the proceeds of the debt to be issued for the Project to reimburse the Issuer for a capital expenditure made pursuant to this Resolution. 3) This City Council finds and determines that all formal actions of this City Council concerning and relating to the adoption of this resolution were taken in an open meeting of this City Council and that all deliberations of this City Council and of any committees that resulted in those formal actions were in meetings open to the public in compliance with the law. 4) This resolution shall take effect and be in force immediately upon its adoption. Adjourn. A motion was made by Corbett, seconded by Kubal, to adjourn. All present voted yes; motion carried. Meeting adjourned at 6:17 p.m. CITY OF BROOKINGS ATTEST: Tim Reed, Mayor Shari Thornes, City Clerk City of Brookings August 14, 2012 17 CONSENT AGENDA #4 C. Action to approve a Memorandum of Understanding by and between the City of Brookings and Bluegill, Inc. for the Development of Watermain Infrastructure Project. The development of the Dakota Nature Park continues to proceed according to the master plan. Parking lots, fishing piers, and ramps have been constructed. The Fire Department recently completed a controlled burn of the hill to aid in reestablishing natural vegetation in the park. The next phase of improvements involves the construction of the Nature Center Building. The Nature Center Building project includes the installation of a watermain service to the building. The watermain service involves a partnership with adjacent property owners. Staff has been working with Mr. Wade Price of Bluegill Inc. to obtain the necessary easements to install infrastructure to service the Nature Center Building. During these discussions, Mr. Price suggested an alternative route whereby the infrastructure could be installed on the quarter section line and run south from 24th Street South to the Dakota Nature Park property line. Due to the soil conditions in this area, a twenty (20) foot utility easement is preferred. In exchange for the twenty foot utility easement, the developer has requested the City install at no cost to the developer, a watermain stub from 24th Street South to the property line. City staff and BMU staff discussed this option and recommend installing an eight (8) inch watermain stub out to the property line. This recommendation allows the developer to connect to the stub out without making an additional street cut to tap onto the water system as well as allowing the developer the flexibility to continue with an 8” watermain or reduce to a 6” watermain. Staff recommends approval. City of Brookings August 14, 2012 18 Memorandum of Understanding by and between the City of Brookings and Bluegill, Inc. for the development of Watermain Infrastructure Project Preamble and Purpose Statement This Memorandum of Understanding (MOU) is intended to identify the terms, conditions and agreements between the City of Brookings (“City”) and Bluegill, Inc. (referred to herein as “Developers”) to provide for the necessary infrastructure improvements to extend the water service from its current point on 24th Street South, south along the Quarter (¼) section line to the City of Brookings’ Dakota Nature Park property line. The City has the authority to undertake such improvements and contracts related thereto pursuant to SDCL 9-12-1(1) and 9-47-1. The purposes of the installation of these infrastructure improvements are to promote and encourage the private development of residential property which is currently vacant and to provide water service to the Dakota Nature Park. 1) Site location Attached is Exhibit A which identifies the site location of the proposed improvements. 2) Proposed infrastructure improvements The project improvements include a four (4”) inch water service line and an eight (8”) water main stub. The four (4”) inch water service line will be installed within an easement which has or will be duly dedicated to the City and the cost of installation will be the responsibility of the City. The City will also install at its cost an eight (8”) inch water main from the existing water main in 24th Street South to the property line of the Developers. Upon completion of the installation, the Developer will be responsible to pay any and all subsequent costs associated with the connection to, use of, and future maintenance of this line. The parties agree to work cooperatively to a mutually-agreed upon final plan and design and easement document. 3) Engineering, design, and construction of the improvements The City will be responsible for the engineering, design, staking, construction, and inspection of the proposed improvements described in Section 2 above. The City will contract with Banner Associates, Inc. for the design and construction administration of these water main improvements. Banner Associates, Inc. will work exclusively for the City. 4) Payment of infrastructure improvements The City agrees to pay the costs of engineering and construction of all of the improvements described in Section 3 above. Approved this 14th day of August, 2012. _________________________ ________________________ Tim Reed, Mayor President, Bluegill, Inc. (SEAL) ________________________ ATTEST: Secretary-Treasurer, Bluegill, Inc. _________________________ Shari Thornes, City Clerk City of Brookings August 14, 2012 20 CONSENT AGENDA #4 D. Action on Brookings City & County Government Center Change Orders. TO: Mayor and City Council Members FROM: City Manager Jeff Weldon RE: Change orders for City-County Government Building The following change orders were approved by the Joint Powers Board at their July meeting, have been ratified by the County Commission, and now needs City Council approval. COR 48-1 Krier & Bain Credit for reducing water meter size ($250) COR 48-2 Krier & Bain Add 1.5” sprinkler stub-out $1,002 RFP 34 American Electric Add lights to County Finance (owner-req) $2,014 COR 65 Mills Const. Install add’l storm sewer pipe $2,892 City of Brookings August 14, 2012 23 CONSENT AGENDA #4 E. Action to approve a volunteer appointment to the Park & Recreation Board. Mayor Reed is recommending the appointment of Brittany Kleinsasser to the Park & Recreation Board. City Council action is required on all volunteer appointments. Park & Recreation Board Number of positions: 1 Positions currently held by: vacant Term Length: 3 years (unexpired term through 5/1/2013) Residency Requirement: not required Purpose: The Park & Recreation Board provides advice to the Director of Parks, Recreation and Forestry to assist in fulfilling the administering of the public park system, recreation programs and city forestry program. The Board also advises the City Council and makes recommendations on matters regarding park capital improvements and planning. City of Brookings August 14, 2012 24 CONSENT AGENDA #4 F. Action to approve Resolution No. 99-12, a Resolution in Support of Land and Water Conservation Fund Grant Application. The Land and Water Conservation Fund (LWCF) is made available through the National Park Service and administered in South Dakota by the Department of Game, Fish and Parks. The grant requires a 50% local match with a minimum grant amount of $10,000 and a maximum amount of $50,000. The Parks staff is preparing the grant application for playground equipment and an accessible pathway at Valley View Park. Approval of the resolution will authorize the City of Brookings to apply for grant funding from the Land and Water Conservation Fund Program. City of Brookings August 14, 2012 25 Resolution No. 99-12 Resolution in Support of Land and Water Conservation Fund Grant Application Whereas, the United States of America and the State of South Dakota have authorized the making of grants from the Land and Water Conservation Fund (LWCF) to public bodies to aid in financing the acquisition and/or construction of specific public outdoor recreation projects; Now, Therefore, Be It Resolved: 1. That Parks, Recreation and Forestry Director is hereby authorized to execute and file an application on behalf of the City of Brookings with the National Park Service, U.S. Department of the Interior, through the State of South Dakota, Department of Game, Fish and Parks, Division of Parks and Recreation, for an LWCF grant to aid in financing Valley View Park Playground Improvements for the City of Brookings, South Dakota and its Environs. 2. That Parks, Recreation and Forestry Director, is hereby authorized and directed to furnish such information as the above mentioned federal and/or state agencies may reasonably request in connection with the application which is hereby authorized to be filed. 3. That the City of Brookings shall provide a minimum of 50% of the total cost of the project; and will assume all responsibility in the operation and maintenance of the project upon completion of construction, for the reasonable life expectancy of the facility. 4. That the City of Brookings dedicates Valley View Park for park and outdoor recreation purposes in perpetuity. Passed and approved this 14th day of August 2012. CITY OF BROOKINGS ____________________________ Tim Reed, Mayor ATTEST: ________________________ Shari Thornes, City Clerk City of Brookings August 14, 2012 26 CONSENT AGENDA #4 G. Action on Resolution No. 95-12, a Resolution authorizing Change Order No. 2 for the Brookings Nature Park – Fisheries Improvements, Rounds Construction Company, Inc. The Dakota Nature Park is located on 22nd Ave. South on the site of the previous city landfill. This project phase entails the grading and surfacing of approximately 3300 LF of hiking trails; construction of a canoe/kayak launch; pick-up, delivery and installation of two floating fishing piers; grading and surfacing of two entrance roads and parking lots. This is the first of several phases under which the park will be developed. This first phase is funded through a matching grant with South Dakota Department of Game, Fish and Parks (SDGF&P) with the City of Brookings providing a 25% match. This resolution will adjust bid quantity for a total increase of $1,400 to compensate the Contractor for the additional use and excise taxes on Owner furnished materials (two floating fishing piers) above the original bid estimate for the materials. The original estimate on the materials in the bid specs was $80,000; however, with the purchase of additional gangways for the floating piers, the cost of the materials rose to $97,000. The change order is summarized below: Original Contract Price: $180,000.00 Contract Price Prior to this Change Order: $183,000.00 Increase of this Change Order (No. 2) for a total increase of $1,400 to compensate the Contractor for the additional use and excise taxes on Owner-furnished materials (two floating fishing piers): $ 1,400.00 Contract Price incorporating this Change Order: $184,400.00 This resolution will approve Change Order No. 2 for an increase of $1,400.00. City of Brookings August 14, 2012 27 Resolution No. 95-12 A Resolution Authorizing Change Order No. 2 for Brookings Nature Park – Fisheries Improvements; Rounds Construction Company Inc. Be It Resolved by the City Council that the following change order be allowed for Resolution No. 20-12 Brookings Nature Park – Fisheries Improvement: Construction Change Order Number 2 Adjust bid quantity for a total increase of $1,400 to compensate the Contractor for the additional use and excise taxes on Owner furnished materials (two floating fishing piers). Passed and approved this 14th day of August, 2012. CITY OF BROOKINGS _________________________ Tim Reed, Mayor ATTEST: ____________________________ Shari Thornes, City Clerk City of Brookings August 14, 2012 28 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 August 14, 2012 29 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 August 14, 2012 30 Contracts & Change Orders 8. Action on Resolution No. 96-12, a Resolution awarding contract for Dakota Nature Park, Phase II Nature Center Building. The Dakota Nature Park is located on 22nd Ave. South on the site of the previous city landfill. This phase of project entails the construction of a new nature center building in the southwest corner of the site. This is the second of several phases under which the park will be developed. The new nature center building will be approximately 5300 sq. ft. and will include a large classroom, a large atrium (second classroom) with exhibits and reception desk, a four season porch/meeting room, a storage room for outdoor gear, mechanical and custodial rooms, and three bathrooms. The building project additionally includes the landscaping in the immediate area around the building, geothermal and a city water line. The City held a bid letting on Tuesday, July 17, 2012 at 1:30 pm at the Brookings City & County Government Center and received the following bids: Base Bid Company Base Bid Price Clark Drew Construction $1,229,500.00 WS Construction Mgmt. $1,343,845.00 Tellinghuisen Construction $1,350,000.00 Swifts Contractor $1,374,000.00 Gil Haugan Construction $1,515,600.00 Sunkota Construction $1,537,000.00 Waltz Construction $1,570,000.00 Deducts Fireplace Wall Panels Shingles Trellis Company Alt. #1 Alt. #2 Alt. #3 Alt. #4 Clark Drew Construction $12,500.00 14,800.00 35,600.00 16,000.00 WS Construction Mgt. (add) $12,677.32 12,636.12 25,299.00 10,000.00 Tellinghuisen Construction $10,000.00 1,000.00 32,000.00 30,000.00 Swifts Contractor $10,200.00 15,400.00 28,900.00 33,200.00 Gil Haugan Construction $12,500.00 14,200.00 38,300.00 9,800.00 Sunkota Construction $10,000.00 2,000.00 30,000.00 18,000.00 Waltz Construction $13,750.00 13,000.00 36,000.00 24,500.00 City of Brookings August 14, 2012 31 The engineering estimate for this project was $1,028,006.00 by Banner Associates, Inc. Banner Associates, Inc. and the Brookings Parks, Recreation and Forestry Department recommend awarding the contract to Clark Drew Construction of Brookings, SD for the low bid of $1,229,500.00 with deducts on alternates #2, #3, and #4 (total deducts $66,400) for a total of $1,163,100.00. City Manager Introduction Action: Motion to Approve, Request Public Comment, Roll Call City of Brookings August 14, 2012 32 Resolution No. 96-12 Resolution Awarding Bid for the Dakota Nature Park, Phase II Nature Center Building Whereas, the City of Brookings held a bid letting at 1:30 p.m. on Tuesday, July 18, 2012; and Whereas, the City of Brookings has received the following bid(s) for Dakota Nature Park, Phase II Nature Center Building: Base Bid Company Base Bid Price Clark Drew Construction $1,229,500.00 WS Construction Mgmt. $1,343,845.00 Tellinghuisen Construction $1,350,000.00 Swifts Contractor $1,374,000.00 Gil Haugan Construction $1,515,600.00 Sunkota Construction $1,537,000.00 Waltz Construction $1,570,000.00 A/E Estimate $1,028,006.00 Deducts Fireplace Wall Panels Shingles Trellis Company Alt. #1 Alt. #2 Alt. #3 Alt. #4 Clark Drew Construction $12,500.00 14,800.00 35,600.00 16,000.00 WS Construction Mgt. (add) $12,677.32 12,636.12 25,299.00 10,000.00 Tellinghuisen Construction $10,000.00 1,000.00 32,000.00 30,000.00 Swifts Contractor $10,200.00 15,400.00 28,900.00 33,200.00 Gil Haugan Construction $12,500.00 14,200.00 38,300.00 9,800.00 Sunkota Construction $10,000.00 2,000.00 30,000.00 18,000.00 Waltz Construction $13,750.00 13,000.00 36,000.00 24,500.00 A/E Estimate $11,169.00 11,400.00 5,193.00 5,000.00 Now Therefore, Be it Resolved that the bid from Clark Drew Construction of Brookings in the amount of $1,229,500.00 be accepted with deducts on alternates #2, #3 and #4 (total deducts $66,400) for a total of $1,163,100.00. Passed and approved this 14nd day of August 2012. CITY OF BROOKINGS ________________________________ ATTEST: Tim Reed, Mayor _________________________ Shari Thornes, City Clerk City of Brookings August 14, 2012 35 Second Readings & Public Hearings 9. Public hearing and action on Ordinance No. 20-12: An Ordinance rezoning Blocks 1 and 2, Brown and Kron Addition including Richard’s Subdivision; Robson’s Addition; Blocks 1 and 3, Sioux Heights Addition; Blocks 1, 5, and 15, East Acres Second Addition; Blocks 1, 2, and 3, Legeros Second Addition; Blocks 1 and 2, Legeros and Amidon Addition; Blocks 2 and 3, Gilley Addition, and Mills Addition from a Residence R-2 District to a Residence R-1C District. (Location: 3rd Street to the Railroad Tracks and from the corner of 1st Street & 13th Avenue to 17th Avenue.) Applicant: City of Brookings Proposal: Rezone a multiple-block residential neighborhood to a Residence R-1C District. Background: The Planning Commission discussed a rezoning of this neighborhood in May after receiving an informal petition from a majority (71%) of the property owners. The staff report and discussion from that meeting are in your packet. Specifics: The area proposed for rezoning is predominantly low-density in nature with 93% of the housing recognized as single-family dwellings. The neighborhood is east and south of a Residence R-1C District that was created in late 2011. Seventeenth Avenue, in this area, was a zone boundary established in 1966 between low density residential to the east and medium density residential to the west. The characteristics of the Residence R-1C District involve a blend of R-1B and R-2 District regulations. Although the original city planners saw this area as having the potential for a mix of single-family and two-family dwellings, it has remained remarkably homogeneous in nature. Except for the differences in area regulations, this neighborhood has similar use characteristics as the adjoining Residence R-1B District. Recommendation: The Planning Commission voted 7 yes and 0 no to recommend rezoning the area to a Residence R-1C District. City Manager Introduction Action: Open & Close Public Hearing, Motion to Approve, Roll Call City of Brookings August 14, 2012 36 Ordinance No. 20-12 An Ordinance to Change the Zoning within the City of Brookings Be It Ordained by the City of Brookings, South Dakota: Section 1. That the real estate situated in the City of Brookings, County of Brookings, State of South Dakota, described as follows, to-wit: Blocks 1 and 2, Brown and Kron Addition including Richard’s Subdivision; Robson’s Addition; Blocks 1 and 3, Sioux Heights Addition; Blocks 1, 5, and 15, East Acres Second Addition; Blocks 1, 2, and 3, Legeros Second Addition; Blocks 1 and 2, Legeros and Amidon Addition; Blocks 2 and 3, Gilley Addition, and Mills Addition be and the same is hereby rezoned and reclassified from a Residence R-2 District to a Residence R-1C District In accordance with Section 94-7 of Article I of Ordinance 25-02 of the Code of Ordinances of Brookings, South Dakota, as said districts are more fully set forth and described in Articles III and IV, Chapter 94 of Ordinance No. 25-02 of the City of Brookings, South Dakota. Section 2. The permitted use of the property heretofore described be and the same is hereby altered and changed in accordance herewith pursuant to said Ordinance No. 25-02 of the City of Brookings, South Dakota. Section 3. All sections and ordinances in conflict herewith are hereby repealed. First Reading July 24, 2012 Second Reading and Adoption August 14, 2012 Published August 17, 2012 CITY OF BROOKINGS, SD ________________________ Tim Reed, Mayor ATTEST: _________________________ Shari Thornes, City Clerk City of Brookings August 14, 2012 37 COMPARISON – RESIDENCE R-2 AND R-1C DISTRICTS REGULATION R-2 R-1C LOT AREA - 7,500 7,500 SINGLE-FAMILY LOT AREA - 9,900 11,250 TWO-FAMILY FRONTAGE WIDTH - 50’ 50’ SINGLE-FAMILY FRONTAGE WIDTH - 65’ 75’ TWO-FAMILY FRONT, SIDE, REAR SAME SAME SETBACKS TWO-FAMILY USE: *PERMITTED **CONDITIONAL USE *MUST MEET AREA REGULATIONS **MUST MEET AREA REGULATIONS AND HAVE ONE FRONTAGE ON A COLLECTOR OR ARTERIAL STREET REZONING NAME PROPERTY ADDRESS MAILING ADDRESS CITY STATE ZIP ATTN Surrounding Property Owners - 150 feet Roberta Hanson 312 17th Avenue 312 17th Avenue Brookings, SD 57006 Monglan Knieff 304 17th Avenue 304 17th Avenue Brookings, SD 57006 Richard Jennings 1709 3rd Street 1709 3rd Street Brookings, SD 57006 Justin Werkmeister 1704 3rd Street 1704 3rd Street Brookings, SD 57006 Anthony Becker 208 17th Avenue 208 17th Avenue Brookings, SD 57006 Jeff Muckey 1712 3rd Street 1712 3rd Street Brookings, SD 57006 Albena Yordanova 1711 Lincoln Lane 1711 Lincoln Lane Brookings, SD 57006 Harvey Greenbaum 202 17th Avenue 202 17th Avenue Brookings, SD 57006 Thomas Dobbs 131 Jefferson Avenue 131 Jefferson Avenue Brookings, SD 57006 Karen Korkow 125 Jefferson Avenue 125 Jefferson Avenue Brookings, SD 57006 Marvin Clark 119 Jefferson Avenue 119 Jefferson Avenue Brookings, SD 57006 Daniel Mielke 113 Jefferson Avenue 113 Jefferson Avenue Brookings, SD 57006 Vesta Jensen 109 Jefferson Avenue 109 Jefferson Avenue Brookings, SD 57006 Robert Brutty 1723 1st Street 1723 1st Street Brookings, SD 57006 Mary Beth Riggio 1709 1st Street 137 S. Peck Drive #D Beverly Hills, CA 90212 Chris Vanderwal 1706 17th Avenue 1706 1st Avenue Brookings, SD 57006 Alan Sanderson 120 17th Avenue 120 17th Avenue Brookings, SD 57006 Ayla Waldsmidt 116 17th Avenue 116 17th Avenue Brookings, SD 57006 Paul Madsen 110 17th Avenue 110 17th Avenue Brookings, SD 57006 Laura Hove 104 1st Street 104 17th Avenue Brookings, SD 57006 David Schliessman 1706 1st Street 1706 1st Street Brookings, SD 57006 Thomas Steffensen 1711 Olwien Street 1724 Pinehurst Drive Brookings, SD 57006 Jayne Anderson 105 17th Avenue South 105 17th Avenue South Brookings, SD 57006 Perry Williams 115 17th Avenue South 115 17th Avenue South Brookings, SD 57006 Jeffrey Fish 1708 Olwien Street 1708 Olwien Street Brookings, SD 57006 Kenneth Quirk 1713 Elmwood Drive 713 Elmwood Drive Brookings, SD 57006 Alan Kuechenmeister 1702 Olwien Street 1702 Olwien Street Brookings, SD 57006 David Szafryk 217 17th Avenue South 217 17th Avenue South Brookings, SD 57006 Renee Oscarson 221 17th Avenue South 217 17th Avenue South Brookings, SD 57006 Kevin Price 1710 Elmwood Drive 1710 Elmwood Drive Brookings, SD 57006 Daniel Wakeman 303 17th Avenue South 303 17th Avenue South Brookings, SD 57006 David Kuhl 311 17th Avenue South 311 17th Avenue South Brookings, SD 57006 William Gibbons 1709 Derdall Drive 1709 Derdall Drive Brookings, SD 57006 Michael Holbeck 1705 Derdall Drive 1705 Derdall Drive Brookings, SD 57006 Adolph Horten 1708 Derdall Drive 1708 Derdall Drive Brookings, SD 57006 Gwen Horsley 1702 Derdall Drive 1702 Derdall Drive Brookings, SD 57006 Canadian Pacific RR railroad PO Box 1260 Sioux Falls, SD 57101 Norman Johnston 357 17th Avenue South 357 17th Avenue South Brookings, SD 57006 Bkgs Ind School 304 15th Avenue 2130 8th Street South Brookings, SD 57006 Amal Yelkur 1514 3rd Street 2410 Cattleman Drive Brandon, FL 33511 Shelley Palm 209 16th Avenue 209 16th Avenue Brookings, SD 57006 Robert Brandwein 1510 3rd Street 1510 3rd Street Brookings, SD 57006 David Buschenfeld 1433 2nd Street 19428 470th Avenue Estelline, SD 57234 Robert Runge 1506 3rd Street 1506 3rd Street Brookings, SD 57006 Monte Harming 1431 2nd Street 1431 2nd Street Brookings, SD 57006 Kenwood Weeks 125 16th Avenue 125 16th Avenue Brookings, SD 57006 Steven Forester 1438 2nd Street 1438 2nd Street Brookings, SD 57006 Stephenson Fam. Trust 1432 2nd Street 1432 2nd Street Brookings, SD 57006 Allyn Dorn 1420 2nd Street 1420 2nd Street Brookings, SD 57006 Ronnie Siverhus 1418 2nd Street 1418 2nd Street Brookings, SD 57006 James Welch 1412 2nd Street 1412 2nd Street Brookings, SD 57006 Bradley Wermers 1408 2nd Street 1408 2nd Street Brookings, SD 57006 Jared Gass 1402 2nd Street 1402 2nd Street Brookings, SD 57006 Milo Potas 125 14th Avenue 125 14th Avenue Brookings, SD 57006 Helen Jones 1336 2nd Street 1336 2nd Street Brookings, SD 57006 Erin Earley 1332 2nd Street 1332 2nd Street Brookings, SD 57006 Bruce Pengra 1345 1st Street 1345 1st Street Brookings, SD 57006 Gayle Chapel 1333 1st Street 1333 1st Street Brookings, SD 57006 Anthony Lanning 1329 1st Street 1329 1st Street Brookings, SD 57006 Douglas Bren 1323 1st Street 1323 1st Street Brookings, SD 57006 Clifford Lenning 1319 1st Street 1319 1st Street Brookings, SD 57006 Bradley Svennes 1315 1st Street 1825 Maple Drive SE Huron, SD 57350 Todd Torgerson 1307 1st Street 1307 1st Street Brookings, SD 57006 Robert Salonen 104 13th Avenue 104 13th Avenue Brookings, SD 57006 Scott Seas 1227 1st Street 1227 1st Street Brookings, SD 57006 Scott Underwood 1217 1st Street 528 West 8th Street Brookings, SD 57006 ZVM, Inc.1222 1st Street PO Box 342 Brookings, SD 57006 Rickey Goedtke 1230 1st Street 1230 1st Street Brookings, SD 57006 Country Crossings LLC 123 12th Avenue South 910 4th Street Brookings, SD 57006 Country Crossings LLC 131 12th Avenue South 910 4th Street Brookings, SD 57006 Harry Jacobsen 1309 Orchard Drive 1309 Orchard Drive Brookings, SD 57006 Jesse Ulvestad 1311 Orchard Drive 1311 Orchard Drive Brookings, SD 57006 Jan Hammink 1317 Orchard Drive 19890 470th Avenue Bruce, SD 57220 Michael Rice 1323 Orchard Drive 1323 Orchard Drive Brookings, SD 57006 Ronald Mergen 1327 Orchard Drive 1327 Orchard Drive Brookings, SD 57006 Joseph Fishbaugher 1333 Orchard Drive 1333 Orchard Drive Brookings, SD 57006 Mary Halcomb 1339 Orchard Drive 1339 Orchard Drive Brookings, SD 57006 Richard Gamradt 1345 Orchard Drive 1345 Orchard Drive Brookings, SD 57006 Jesse Baker 1351 Orchard Drive 1351 Orchard Drive Brookings, SD 57006 Kent Miller 1403 Orchard Drive PO Box 393 Brookings, SD 57006 Rose Davis 1405 Orchard Drive 1405 Orchard Drive Brookings, SD 57006 Judy Johnson 1407 Orchard Drive 1407 Orchard Drive Brookings, SD 57006 Kent Miller 1409 Orchard Drive 1409 Orchard Drive Brookings, SD 57006 David Hock 1413/1417 Orchard Drive 214 6th Avenue South Brookings, SD 57006 Darrell Olson 1421/1425 Orchard Drive 609 17th Avenue South Brookings, SD 57006 Michael McClemans 1427 Orchard Drive PO Box 3 Brookings, SD 57006 Boyd Meyer 1431 Orchard Drive 1431 Orchard Drive Brookings, SD 57006 Boyd Meyer 1433/1437 Orchard Drive 1431 Orchard Drive Brookings, SD 57006 Boyd Meyer 1501/1505 Orchard Drive 1431 Orchard Drive Brookings, SD 57006 Roger French 1507 Orchard Drive 817 19th Street Windom, MN 56101 Shawn Erp 1509 Orchard Drive 1509 Orchard Drive Brookings, SD 57006 Gayle Svennes 1513/1515 Orchard Drive PO Box 181 Brookings, SD 57006 Or. Dr. W TnHm Assn 1519/1527 Orchard Drive 1523 Orchard Drive Brookings, SD 57006 R. Raisenen Or. Dr. E TnHm Assn 1535/1539 Orchard Drive 1533 Orchard Drive Brookings, SD 57006 R. Morrill Eidsness Funeral Home 1617 Orchard Drive 1617 Orchard Drive Brookings, SD 57006 Property Within the Rezoning Area PP&H Properties 1630 3rd Street 204 South Oak Street Hendricks, MN 56136 Leona Steen 1626 3rd Street 1626 3rd Street Brookings, SD 57006 Jeremy Scott 1616 3rd Street 1616 3rd Street Brookings, SD 57006 Sarah Stetson 221 17th Avenue 221 17th Avenue Brookings, SD 57006 Angela Strofus 215 17th Avenue 215 17th Avenue Brookings, SD 57006 Marlys Moore 207 17th Avenue 207 17th Avenue Brookings, SD 57006 T&Z Properties 210 17th Avenue 328 Hickory Street Brookings, SD 57006 Adam Stoebner 123 17th Avenue 1433 W. Waterstone Dr.Sioux Falls, SD 57108 Diane Owens 117 17th Avenue 117 17th Avenue Brookings, SD 57006 KSB Properties 111 17th Avenue 541 Southview Drive Brookings, SD 57006 K Theodosopoulos Bradley Luze 1631 1st Street 1631 1st Street Brookings, SD 57006 Matthew DeBates 1623 1st Street 1623 1st Street Brookings, SD 57006 Bernadine Envoldsen 220 16th Avenue 220 16th Avenue Brookings, SD 57006 Kelly Meyer 1612 3rd Street 1612 3rd Street Brookings, SD 57006 Vicki Bierschbach 216 16th Avenue 216 16th Avenue Brookings, SD 57006 Charles Schnabel 202 16th Avenue 202 16th Avenue Brookings, SD 57006 Carrie Wallace 202 16th Avenue 202 16th Avenue Brookings, SD 57006 Sue Grant 1605 Robin Road 1605 Robin Road Brookings, SD 57006 Mac Harris 1615 Robin Road 1615 Robin Road Brookings, SD 57006 Deanna Santema 1621 Robin Road 1621 Robin Road Brookings, SD 57006 Patrick Lyons 1620 Robin Road 1620 Robin Road Brookings, SD 57006 Joseph Schulte 110 16th Avenue 110 16th Avenue Brookings, SD 57006 Stephen Pohl 1604 Robin Road 1604 Robin Road Brookings, SD 57006 Chad Adamson 102 16th Avenue 102 16th Avenue Brookings, SD 57006 Chad Fergen 1607 1st Street 1625 Calumet Road Brookings, SD 57006 David Cartrette 1613 1st Street 1613 1st Street Brookings, SD 57006 James Rice 1617 1st Street 1617 1st Street Brookings, SD 57006 Del Poppinga 1602 1st Street 1602 1st Street Brookings, SD 57006 Joan Morgan 1610 1st Street 1610 1st Street Brookings, SD 57006 William Runge 1618 1st Street 1618 1st Street Brookings, SD 57006 Elizabeth Gorham 102 17th Avenue South 102 17th Avenue South Brookings, SD 57006 David Harnish 1624 1st Street 1624 1st Street Brookings, SD 57006 Michael Kilmer 1631 Olwien Street 1631 Olwien Street Brookings, SD 57006 Janel Pirlet 1625 Olwien Street 1625 Olwien Street Brookings, SD 57006 Stephen Munson 1619 Olwien Street 1619 Olwien Street Brookings, SD 57006 Martin Wagner 1613 Olwien Street 1613 Olwien Street Brookings, SD 57006 Gwendolyn Andersen 1607 Olwien Street 1607 Olwien Street Brookings, SD 57006 Lee Lunt 1603 Olwien Street 1603 Olwien Street Brookings, SD 57006 Travis Meyer 1602 Olwien Street 1602 Olwien Street Brookings, SD 57006 Susan Taylor 1608 Olwien Street 1608 Olwien Street Brookings, SD 57006 Donald Lockwood 1614 Olwien Street 1614 Olwien Street Brookings, SD 57006 Bart Bauske 1618 Olwien Street 1618 Olwien Street Brookings, SD 57006 Richard Ganci 1624 Olwien Street 1624 Olwien Street Brookings, SD 57006 James Steen 1630 Olwien Street 1630 Olwien Street Brookings, SD 57006 Keith Skogstad 1633 Elmwood Drive 1633 Elmwood Drive Brookings, SD 57006 Volker Brozel 1625 Elmwood Drive 1625 Elmwood Drive Brookings, SD 57006 Arlene Hendrickson 1617 Elmwood Drive 1617 Elmwood Drive Brookings, SD 57006 Wendell Thompson 215 16th Avenue South 215 16th Avenue South Brookings, SD 57006 James Juntunen 221 161th Avenue South 221 16th Avenue South Brookings, SD 57006 Viola Lightfield 1602 Elmwood Drive 1602 Elmwood Drive Brookings, SD 57006 Aaron Stauffacher 1608 Elmwood Drive 1608 Elmwood Drive Brookings, SD 57006 James Hornby 1616 Elmwood Drive 1616 Elmwood Drive Brookings, SD 57006 Nelda Holden 1620 Elmwood Drive 1620 Elmwood Drive Brookings, SD 57006 Bank of NY 1630 Elmwood Drive 7105 Corporate Drive Plano, TX 75024 Jon Hubregtse 316 17th Avenue South 316 17th Avenue South Brookings, SD 57006 Tammy Fraser 1621 Derdall Drive 1621 Derdall Drive Brookings, SD 57006 Mark Bullington 1615 Derdall Drive 1615 Derdall Drive Brookings, SD 57006 Carlton Hoff 1609 Derdall Drive 1609 Derdall Drive Brookings, SD 57006 Bryan Zacher 1603 Derdall Drive 1603 Derdall Drive Brookings, SD 57006 Sammuel Anderson 1604 Derdall Drive 1604 Derdall Drive Brookings, SD 57006 Andrew Ellis 1610 Derdall Drive 1610 Derdall Drive Brookings, SD 57006 Maria Spitz 1614 Derdall Drive 1614 Derdall Drive Brookings, SD 57006 Justin Ballis 1620 Derdall Drive 1620 DerdallDrive Brookings, SD 57006 Eugene Butler 1626 Derdall Drive 1626 Derdall Drive Brookings, SD 57006 Dale Ulvestad 109 16th Avenue 109 16th Avenue Brookings, SD 57006 Dary Rentals 103 16th Avenue 323 22nd Avenue Brookings, SD 57006 Megan McGee 1433 1st Street 1433 1st Street`Brookings, SD 57006 June Jones 1425 1st Street 1425 1st Street Brookings, SD 57006 William Purrington 1423 1st Street 1423 1st Street Brookings, SD 57006 Lester Rowland 1419 1st Street 1419 1st Street Brookings, SD 57006 Edwin Hofer 1415 1st Street 1415 1st Street Brookings, SD 57006 Robert Walstrom 1409 1st Street FBT Box 507 Brookings, SD 57006 c/o Allison Philip Luze 1403 1st Street 108 14th Avenue Brookings, SD 57006 Gary Watters 1403 1st Street 1403 1st Street Brookings, SD 57006 Clifford Friedrich 104 16th Avenue South 104 16th Avenue South Brookings, SD 57006 Larry Stensgard 1430 1st Street 1430 1st Street Brookings, SD 57006 Paul Melby 1428 1st Street 1428 1st Street Brookings, SD 57006 Patricia Guss 1424 1st Street 1424 1st Street Brookings, SD 57006 Bryan Rieger 1418 1st Street 1418 1st Street Brookings, SD 57006 Bryan Rieger 1414 1st Street 1418 1st Street Brookings, SD 57006 Iona Mae Berger Trust 1412 1st Street 1412 1st Street Brookings, SD 57006 Duane Rykhus 103 14th Avenue South 2206 42nd Street Brookings, SD 57006 Karla Stevenson 109 16th Avenue South 109 16th Avenue South Brookings, SD 57006 ZVM, Inc.118 16th Avenue South Box 342 Brookings, SD 57006 Henry Kayongo-Male 1443 Wisconsin Street 1443 Wisconsin Street Brookings, SD 57006 Dorothy Thompson 1437 Wisconsin Street 1437 Wisconsin Street Brookings, SD 57006 Steven Clarin 1427 Wisconsin Street 1427 Wisconsin Street Brookings, SD 57006 Charles Olson 1421 Wisconsin Street 1421 Wisconsin Street Brookings, SD 57006 Erna Ziegenbalg 1415 Wisconsin Street 1415 Wisconsin Street Brookings, SD 57006 Leo Schleicher 1403 Wisconsin Street 1403 Wisconsin Street Brookings, SD 57006 Ruth Gunderson 1442 Legeros Drive 1442 Wisconsin Street Brookings, SD 57006 Carolyn Curley Geraldine Taylor 1438 Wisconsin Street 1438 Wisconsin Street Brookings, SD 57006 Robert Hill 1430 Wisconsin Street 1430 Wisconsin Street Brookings, SD 57006 Billie Jo McFarland 1424 Wisconsin Street 1424 Wisconsin Street Brookings, SD 57006 Steven Rowbotham 1418 Wisconsin Street 1418 Wisconsin Street Brookings, SD 57006 Rooster Valley Prop LLC 1410 Wisconsin Street 7720 84th Street Circle Bloomington MN 55438 William Landsman 1404 Wisconsin Street 1404 Wisconsin Street Brookings, SD 57006 Aaron Hocket James Housiaux 1403 Legeros Drive 1403 Legeros Drive Brookings, SD 57006 Mark Anawski 1409 Legeros Drive 1409 Legeros Drive Brookings, SD 57006 Adele Sudlow 1421 Legeros Drive 1927 Laurel Lane Brookings, SD 57006 Steven Jongeling 1425 Legeros Drive 1425 Legeros Drive Brookings, SD 57006 Gordon Bortnem 1433 Legeros Drive 1433 Legeros Drive Brookings, SD 57006 Richard Strande 1437 Legeros Drive 1437 Legeros Drive Brookings, SD 57006 Shane Anderson 214 16th Avenue South 214 16th Avenue South Brookings, SD 57006 Vernon Voelzke 105 Gilley Avenue 133 Wahpeton Pass Brookings, SD 57006 Robert Johnson 1334 1st Street 1334 1st Street Brookings, SD 57006 Kory Kludt 113 Gilley Avenue 1109 So. Sugar Maple Dr. Sioux Falls SD 57110 Dorothy Halliday 115 Gilley Avenue 115 Gilley Avenue Brookings, SD 57006 Fed Hm Loan Mort Corp 125 Gilley Avenue 8200 Jones Branch Drive McLean, VA 22102 Rick Hieb 131 Gilley Avenue 131 Gilley Avenue Brookings, SD 57006 Ardis Matson 201 Gilley Avenue 201 Gilley Avenue Brookings, SD 57006 Steven Robinson 1309 Legeros Drive 1309 Legeros Drive Brookings, SD 57006 Chad Weier 102 14th Avenue South 102 14th Avenue South Brookings, SD 57006 Nathan Moe 108 14th Avenue South 108 14th Avenue South Brookings, SD 57006 Jeff Jensen 112 14th Avenue South 112 14th Avenue South Brookings, SD 57006 Michael Niles 118 14th Avenue South 118 14th Avenue South Brookings, SD 57006 Joel Perry 124 14th Avenue South 124 14th Avenue South Brookings, SD 57006 Gaelic Farms Inc.130 14th Avenue South 1433 1st Street Brookings, SD 57006 Sales Hossle 202 14th Avenue South 202 14th Avenue South Brookings, SD 57006 Mary Nelson 1317/1319 Legeros Drive 1317 Legeros Drive Brookings, SD 57006 Ross Brown 1302 1st Street 1302 1st Street Brookings, SD 57006 Rickey Goedtke bare lot 1230 1st Street Brookings, SD 57006 Todd Voss 1306/1308 1st Street 603 5th Avenue Brookings, SD 57006 Gina Johnson 102 Gilley Avenue 102 Gilley Avenue Brookings, SD 57006 Martin Skovly 108 Gilley Avenue 108 Gilley Avenue Brookings, SD 57006 Chris Schulte 114 Gilley Avenue 114 Gilley Avenue Brookings, SD 57006 MAC LLC 120 Gilley Avenue 323 22nd Avenue Brookings, SD 57006 MAC LLC bare lot 323 22nd Avenue Brookings, SD 57006 Joshua Vandeweerd 124 Gilley Avenue 124 Gilley Avenue Brookings, SD 57006 Joshua Vandeweerd bare lot 124 Gilley Avenue Brookings, SD 57006 Virginia Pittenger 130 Gidley Avenue 130 Gilley Avenue Brookings, SD 57006 Virginia Pittenger bare lot 130 Gilley Avenue Brookings, SD 57006 Edwin Higgins 202 Legeros Drive 202 Legeros Drive Brookings, SD 57006 Brant Mathison 208 Legeros Drive 208 Legeros Drive Brookings, SD 57006 Verna Denison 1302 Legeros Drive 1302 Legeros Drive Brookings, SD 57006 David Walder 1308 Legeros Drive 1308 Legeros Drive Brookings, SD 57006 Clayton Knofcsynski 1314 Legeros Drive 1314 Legeros Drive Brookings, SD 57006 Dennis Nagel 1320 Legeros Drive 1320 Legeros Drive Brookings, SD 57006 David Biteler 1326 Legeros Drive 1326 Legeros Drive Brookings, SD 57006 Lance Johnson 1332 Legeros Drive 1332 Legeros Drive Brookings, SD 57006 Bruce Johnson 1400 Legeros Drive 1400 Legeros Drive Brookings, SD 57006 Jean Blume 1408 Legeros Drive 1408 Legeros Drive Brookings, SD 57006 Heather Bortnem 1414 Legeros Drive 1414 Legeros Drive Brookings, SD 57006 Donna Hess 1420 Legeros Drive 1420 Legeros Drive Brookings, SD 57006 Jael TriebThorpe 1426 Legeros Drive 1426 Legeros Drive Brookings, SD 57006 David Odens 1432 Legeros Drive 1432 Legeros Drive Brookings, SD 57006 David Koch 1438 Legeros Drive 1438 Legeros Drive Brookings, SD 57006 Florence McDaniel 1442 Legeros Drive 1442 Legeros Drive Brookings, SD 57006 City of Brookings utilities PO Box 270 Brookings, SD 57006 City of Brookings August 14, 2012 44 Planning Commission Brookings, South Dakota July 9, 2012 OFFICIAL MINUTES Chairperson Wayne Avery called the regular meeting of the City Planning Commission to order on Monday, July 9, 2012, at 5:30 PM in the Chambers Room on the third floor of the City & County Government Center. Members present were Hal Bailey, Mike Cameron, Donna DeKraai, Greg Fargen, Alan Gregg, Al Heuton, and Avery. John Sydow was absent. Also present were Bill Purrington, Dave Odens, Becky Meyer, Brent Mathiason, Mark Konoski, Tony Lanning, Jim Welch, Jim Weiss, Community Development Director Mike Struck, City Engineer Jackie Lanning, Planning and Zoning Administrator Dan Hanson and others. Item #4 – The City of Brookings has submitted a petition to rezone Blocks 1 and 2, Brown and Kron Addition including Richard’s Subdivision; Robson’s Addition; Blocks 1 and 3, Sioux Heights Addition; Blocks 1, 5, and 15, East Acres Second Addition; Blocks 1, 2, and 3, Legeros Second Addition; Blocks 1 and 2, Legeros and Amidon Addition; Blocks 2 and 3, Gilley Addition, and Mills Addition from a Residence R-2 District to a Residence R-1C District. (Heuton/Bailey) Motion to approve the rezoning. All present voted aye. MOTION CARRIED. SUMMARY OF DISCUSSION Item #4- Bill Purrington, 1423 1st Street, supported the rezoning. He felt the change was appropriate since the neighborhood was near Hillcrest School. It would be good for young families. He argued that the current zoning that allowed duplexes by right could lead to an increase in congestion in the streets because lot sizes were smaller. Dave Odens, 1432 Legeros Drive, also supported the rezoning. He noted that the neighborhood was predominantly single-family and should be preserved. Becky Meyer, 1602 Olwien Street, opposed the rezoning. She felt that young families needed supplemental incomes and converting their homes into two-family dwellings was an option. She added that on-street parking could become congested with single-family homes too. She did not think the community offered enough decent housing now. Brent Mathiason, 208 Legeros Drive, supported the rezoning. His neighbors were renters already and more conversions could lead to future parking issues. Mark Konoski, a resident, felt the neighborhood was quiet now but could deteriorate if left in the R-2 district. Tony Lanning, 1329 First Street, supported the rezoning. He had seen a change over the 20 years he lived at this address and felt more conversions would be detrimental. Jim Welch, 1412 2nd Street, remarked that his residence was in the first area that was zoned to R-1C. He felt it devalued his property and was opposed to the rezoning. City of Brookings August 14, 2012 45 Heuton stated that the research on the history of the neighborhood made it clear to him that it functions well as a single-family area. He noted that 93% of the houses were still used as single-family dwellings after 50 years or more. He also felt the R-1C would lead to less on-street parking. City of Brookings August 14, 2012 48 Second Reading & Public Hearing 10. Public hearing and action on Ordinance No. 21-12: An Ordinance revising the Zoning Ordinance pertaining to the definition of automobile sales. Proposal: Add leasing as a related use under the automobile sales definition. Specifics: Local auto dealerships in Brookings have leased cars as part of their business for many years. Leasing as a primary use could be construed as being prohibited so this minor change has been submitted. Recommendation: The Planning Commission voted 7 yes and 0 no to recommend approval of the amendment. City Manager Introduction Action: Open & Close Public Hearing, Motion to Approve, Roll Call City of Brookings August 14, 2012 49 Ordinance No. 21-12 An Ordinance amending the Zoning Ordinance of the City of Brookings and pertaining to the definition of Automobile Sales for the purposes of Administration of the Zoning Ordinance Be it ordained by the Council of the City of Brookings, State of South Dakota: that Chapter 94, Zoning shall be amended as follows: Section 1. ARTICLE I. IN GENERAL Sec. 94-1. Definitions Automobile Sales/Leasing: The use of any building, land area, or their premises for the display, and sale, or leasing of new or used automobiles, sport utility vehicles and pickups, and including any warranty repair work and other repair service conducted as an accessory use (see outdoor sales). Section 2. Any or all ordinances in conflict herewith are hereby repealed. First Reading: July 24, 2012 Second Reading: August 14, 2012 Published: August 17, 2012 CITY OF BROOKINGS, SD ___________________________________ Tim Reed, Mayor ATTEST: ________________________ Shari Thornes, City Clerk City of Brookings August 14, 2012 50 Planning Commission Brookings, South Dakota July 9, 2012 OFFICIAL MINUTES Chairperson Wayne Avery called the regular meeting of the City Planning Commission to order on Monday, July 9, 2012, at 5:30 PM in the Chambers Room on the third floor of the City & County Government Center. Members present were Hal Bailey, Mike Cameron, Donna DeKraai, Greg Fargen, Alan Gregg, Al Heuton, and Avery. John Sydow was absent. Also present were Bill Purrington, Dave Odens, Becky Meyer, Brent Mathiason, Mark Konoski, Tony Lanning, Jim Welch, Jim Weiss, Community Development Director Mike Struck, City Engineer Jackie Lanning, Planning and Zoning Administrator Dan Hanson and others. Item #5 – The City of Brookings has proposed an amendment to the Zoning Ordinance pertaining to the definition of automobile sales. (Cameron/Bailey) Motion to approve the amendment. All present voted aye. MOTION CARRIED. SUMMARY OF DISCUSSION Item #5 – Hanson commented that the omission of the term “leasing” in the automobile sales definition was likely an oversight. Most auto sales lots also lease vehicles as an accessory use. City of Brookings August 14, 2012 51 Second Reading & Public Hearing 11. Public hearing and action on Ordinance No. 22-12: An Ordinance revising Ordinance Section 82-305 and Pertaining to Speed Zones in the City of Brookings, South Dakota. The City Attorney has recently brought to our attention that some speed limit signs are not placed in the same location that are stipulated in the current City Ordinance Section 82-305, Speed Zones section. In addition, City staff found several streets that are signed for a speed limit other than 25 miles per hour and several of the dimensions in the ordinance did not match the actual sign locations. This ordinance has been updated to match the traffic speed signage that is posted within the City limits of Brookings. City Manager Introduction Action: Open & Close Public Hearing, Motion to Approve, Roll Call City of Brookings August 14, 2012 52 Ordinance No. 22-12 An Ordinance revising Ordinance Section 82-305 and pertaining to Speed Zones in the City of Brookings, South Dakota. Be It Ordained and Enacted by the Council of the City of Brookings, State of South Dakota, as follows: I. Sec. 82-305. Speed zones. (a) The city council is authorized and empowered to determine and establish upon any street or highway within the city or any part thereof, limited speed zones which shall provide the speed limit which constitutes the maximum speed at which any person may drive or operate any vehicle within such zone, street, highway or portion thereof so zoned and on which highway the maximum speed permissible in such zone has been conspicuously posted by appropriate signs. (b) Limited speed zones shall be conspicuously posted by appropriate signs. The beginning and end of such limited speed zones shall be indicated by signs showing the maximum speed limits permissible within the zone. (c) The city council may change the speed limit or the extent of any such limited speed zone at any time it may deem necessary. (d) The following speed limits are established for the streets and portions of streets enumerated as follows: Street Extent Speed Main Avenue From Front Street to the south city limits 35 Main Avenue South From 175’ south of 1st Street South to 57’ south of 20th Street South 35 From 57’ south of 20th Street South to the south city limits 45 Medary Avenue From 325’ north of North Campus Drive to US Highway 14 Bypass 35 From US Highway 14 Bypass to the north city limits 45 Medary Ave. South From 70’ south of 16th Street South to the south city limits 35 22nd Avenue From US Highway 14 Bypass to the south city limits 35 8th Street South From the west city limits to 22nd Avenue South 35 20th Street South From Main Avenue South to 22nd Avenue South 35 34th Avenue From US Highway 14 to US Highway 14 Bypass 35 34th Avenue From US Highway 14 to the south city limits 35 US Highway 14 US Highway 14 Ffrom the west city limits southeasterly 55 To a point 1,425 1,560 feet northwesterly of the intersection 40 of US Highway 14 and Western Avenue in Brookings From 1,560 feet northwesterly of Western Avenue to 100 feet northwesterly of Western Avenue 40 Then southeasterly and east to a point 210 From 100 feet Northwesterly of Western Avenue to 370 feet east of City of Brookings August 14, 2012 53 17th Avenue 30 Then to a point 3,500 feet east of 22nd Avenue From 370 feet east of 17th Avenue to 428 feet west of Lefevre Drive 35 Then to the east city limits From 428 feet west of Lefevre Drive to the east city limits 45 US Highway 14 From the west city limits to the east city limits 55 Bypass West 2nd St. South From Western Avenue to Division Avenue 35 Western Avenue From West 2nd Street South to north city limits 35 Western Ave. South From West 8th Street South to south city limits 35 West 20th St. South From Main Avenue South to west city limits 35 (e) It shall be unlawful for any person to operate or drive any vehicle on any street within the city at a speed in excess of 25 miles per hour, unless signs are erected on streets within the city designating another speed limit is applicable. II. Any or all ordinances in conflict herewith are hereby repealed. First Reading July 24, 2012 Second Reading August 14, 2012 Published August 17, 2012 CITY OF BROOKINGS, SD Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk City of Brookings August 14, 2012 54 Alcohol Licenses 12. Public hearing and action on an On-Off Sale Malt License for The Blizzard, LLC, Chris Canavati and Mitri Canavati, owners, 924 32nd Ave., Brookings, South Dakota, legal description: Blocks 6 and 7, Wiese Addition (Larson Ice Arena). The City of Brookings has received an application for an On-Off Sale Malt Beverage License for The Blizzard, LLC, 924 32nd Ave., from Chris Canavati and Mitri Canavati, owners. Legal description: Blocks 6 and 7, Wiese Addition (Larson Ice Arena). All the required documents have been submitted for this application. A public hearing and action by the local governing body is required to approve a Malt Beverage License. If approved, the application would be forwarded to the State Department of Revenue for final action and issuance of the license. Staff recommends approval. Further Information: SDCL 35-2-1.2 provides all applications for retail licenses …shall be submitted to the governing board of the municipality within which the applicant intends to operate…The governing board: “shall have discretion to approve or disapprove the application depending on whether it deems the applicant a suitable person to hold such license and whether it considers the proposed location suitable.” SDCL 35-2-6.2 provides the “character” requirements for alcoholic beverage licensees: “Any license under this title…must be a person of good moral character, never convicted of a felony, and, if a corporation, the managing officers thereof must have like qualifications.” Procedure for issuance of licenses: Procedurally, SDCL 35-2-3 provides that “no license for the on or off-sale at retail of alcoholic beverages…shall be granted to an applicant for any such license, except after public hearing, upon notice.” SDCL 35-2-5 provides the procedure for the time and place of hearing and for publication of notice. If an application for a license is refused, “no further application may be received from a person until after the expiration of one year from the date of a refused application.” City Ordinances: Listed below is Chapter 5, Article 2, Section 5-20 of the City Code of Ordinances pertaining to Application Review Procedure. The City Council shall review all applications submitted to the City for available On-Sale Alcoholic Beverage Agreements and for On-Sale Malt Beverage and Wine Licenses in accordance with SDCL 35-2 and in accordance with the following factors: a. Type of business which applicant proposes to operate: On-Sale Alcoholic Beverage Operating Agreements and On-Sale Malt Beverage and Wine Licenses may not be issued to convenience grocery stores, gas stations, or other stores where groceries or gasoline are sold unless it can be established that minors do not regularly frequent the establishment. City of Brookings August 14, 2012 55 b. The manner in which the business is operated: On-Sale Alcoholic Beverage Operating Agreements and On-Sale Malt Beverage and Wine Licenses may not be issued to establishments which are operated in a manner which results in minors regularly frequenting the establishment. c. The extent to which minors are employed in such a place of business: On-Sale Alcoholic Beverage Operating Agreements and On-Sale Malt Beverage and Wine Licenses may not be issued to convenience grocery stores, gas stations, or other stores where groceries or gasoline are sold and which regularly employ minors. d. The adequacy of the police facilities to properly police the proposed location: The City Council shall inquire of the Police Chief whether the Police Department can adequately police the proposed location. e. Other factors: The hours that business is conducted shall be considered by the City Council in its review of applications for on-sale alcoholic beverage operating agreements and on-sale malt beverage and wine licenses. Summary: SDCL and case law support the premise that the decision to issue an alcoholic beverage license is discretionary. The City can assess the character of the applicant and whether the location is suitable. A person convicted of a felony is prohibited from applying for a license; therefore, a convicted felon would fail the character test. In determining suitable location, the Council may involve the determination of whether the location is suitable consistent with the procedure developed through South Dakota Case Law. This includes the manner in which the business is operated; the extent to which minors frequent or are employed in such place of business; the adequacy of the police facilities to properly police the proposed location, and other factors associated with the sale of alcoholic beverages. City Manager Introduction Action: Open & Close Public Hearing, Motion to Approve, Roll Call City of Brookings August 14, 2012 56 Alcohol Licenses 13. Public hearing and action on an On-Off Sale Malt License for Sake, Inc., En Qin Lin, owner, 724 22nd Ave., Brookings Mall, Brookings, South Dakota (legal description - the North 14.5’, of the South 542.8’, and the East 54.5’ of the West 309’ including the North 20’ of the South 528.3’ and the East 59’ of the West 313.5’; Patio – the North 14.5’ of the South 542.8’ and the East 24’ of the West 333’ including the North 20’ of the South 528.3’ and the East 19.5 ‘ of the West 333’). The City of Brookings has received an application for an On-Off Sale Malt Beverage License for Sake, Inc., 724 22nd Ave., from En Qin Lin, owner. Legal description: Restaurant - the North 14.5’, of the South 542.8’, and the East 54.5’ of the West 309’ including the North 20’ of the South 528.3’ and the East 59’ of the West 313.5’; Patio - the North 14.5’ of the South 542.8’ and the East 24’ of the West 333’ including the North 20’ of the South 528.3’ and the East 19.5 ‘ of the West 333’). All the required documents have been submitted for this application. A public hearing and action by the local governing body is required to approve a Malt Beverage License. If approved, the application would be forwarded to the State Department of Revenue for final action and issuance of the license. Staff recommends approval. Further Information: SDCL 35-2-1.2 provides all applications for retail licenses …shall be submitted to the governing board of the municipality within which the applicant intends to operate…The governing board: “shall have discretion to approve or disapprove the application depending on whether it deems the applicant a suitable person to hold such license and whether it considers the proposed location suitable.” SDCL 35-2-6.2 provides the “character” requirements for alcoholic beverage licensees: “Any license under this title…must be a person of good moral character, never convicted of a felony, and, if a corporation, the managing officers thereof must have like qualifications.” Procedure for issuance of licenses: Procedurally, SDCL 35-2-3 provides that “no license for the on or off-sale at retail of alcoholic beverages…shall be granted to an applicant for any such license, except after public hearing, upon notice.” SDCL 35-2-5 provides the procedure for the time and place of hearing and for publication of notice. If an application for a license is refused, “no further application may be received from a person until after the expiration of one year from the date of a refused application.” City Ordinances: Listed below is Chapter 5, Article 2, Section 5-20 of the City Code of Ordinances pertaining to Application Review Procedure. City of Brookings August 14, 2012 57 The City Council shall review all applications submitted to the City for available On-Sale Alcoholic Beverage Agreements and for On-Sale Malt Beverage and Wine Licenses in accordance with SDCL 35-2 and in accordance with the following factors: a. Type of business which applicant proposes to operate: On-Sale Alcoholic Beverage Operating Agreements and On-Sale Malt Beverage and Wine Licenses may not be issued to convenience grocery stores, gas stations, or other stores where groceries or gasoline are sold unless it can be established that minors do not regularly frequent the establishment. b. The manner in which the business is operated: On-Sale Alcoholic Beverage Operating Agreements and On-Sale Malt Beverage and Wine Licenses may not be issued to establishments which are operated in a manner which results in minors regularly frequenting the establishment. c. The extent to which minors are employed in such a place of business: On-Sale Alcoholic Beverage Operating Agreements and On-Sale Malt Beverage and Wine Licenses may not be issued to convenience grocery stores, gas stations, or other stores where groceries or gasoline are sold and which regularly employ minors. d. The adequacy of the police facilities to properly police the proposed location: The City Council shall inquire of the Police Chief whether the Police Department can adequately police the proposed location. e. Other factors: The hours that business is conducted shall be considered by the City Council in its review of applications for on-sale alcoholic beverage operating agreements and on-sale malt beverage and wine licenses. Summary: SDCL and case law support the premise that the decision to issue an alcoholic beverage license is discretionary. The City can assess the character of the applicant and whether the location is suitable. A person convicted of a felony is prohibited from applying for a license; therefore, a convicted felon would fail the character test. In determining suitable location, the Council may involve the determination of whether the location is suitable consistent with the procedure developed through South Dakota Case Law. This includes the manner in which the business is operated; the extent to which minors frequent or are employed in such place of business; the adequacy of the police facilities to properly police the proposed location, and other factors associated with the sale of alcoholic beverages. City Manager Introduction Action: Open & Close Public Hearing, Motion to Approve, Roll Call City of Brookings August 14, 2012 58 Alcohol Licenses 14. Action to approve Resolution No. 101-12, a Resolution authorizing the City Manager to enter into an Operating Agreement for On-Off Sale Wine for Sake, Inc., En Qin Lin, owner, 724 22nd Ave., Brookings Mall, Brookings, South Dakota (legal description - the North 14.5’, of the South 542.8’, and the East 54.5’ of the West 309’ including the North 20’ of the South 528.3’ and the East 59’ of the West 313.5’; Patio – the North 14.5’ of the South 542.8’ and the East 24’ of the West 333’ including the North 20’ of the South 528.3’ and the East 19.5 ‘ of the West 333’). Sake, Inc. has applied for a Wine Operating Agreement for their business located at 724 22nd Ave. An operating agreement is required for wine licenses. Resolution No. 101-12 allows the City Manager to enter into the first five years of the 10-year agreement effective through 2017. If approved, the application would be forwarded to the State Department of Revenue for final action and issuance of the license. Staff recommends approval. Listed below is specific information related to a wine license request and other procedures that are following with an application. Note that restaurant requirements for wine have been eliminated in state law. City Ordinances: Listed below is Chapter 5, Article 2, Section 5-20 of the City Code of Ordinances pertaining to Application Review Procedure. The City Council shall review all applications submitted to the City for available On-Sale Alcoholic Beverage Agreements and for On-Sale Malt Beverage and Wine Licenses in accordance with SDCL 35-2 and in accordance with the following factors: a. Type of business which applicant proposes to operate: On-Sale Alcoholic Beverage Operating Agreements and On-Sale Malt Beverage and Wine Licenses may not be issued to convenience grocery stores, gas stations, or other stores where groceries or gasoline are sold unless it can be established that minors do not regularly frequent the establishment. b. The manner in which the business is operated: On-Sale Alcoholic Beverage Operating Agreements and On-Sale Malt Beverage and Wine Licenses may not be issued to establishments which are operated in a manner which results in minors regularly frequenting the establishment. c. The extent to which minors are employed in such a place of business: On-Sale Alcoholic Beverage Operating Agreements and On-Sale Malt Beverage and Wine Licenses may not be issued to convenience grocery stores, gas stations, or other stores where groceries or gasoline are sold and which regularly employ minors. City of Brookings August 14, 2012 59 d. The adequacy of the police facilities to properly police the proposed location: The City Council shall inquire of the Police Chief whether the Police Department can adequately police the proposed location. e. Other factors: The hours that business is conducted shall be considered by the City Council in its review of applications for on-sale alcoholic beverage operating agreements and on-sale malt beverage and wine licenses. Resolution No. 101-12 Sake, Inc. Wine Operating Agreement Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Agreement for the Operating Liquor Management Agreement for wine between the City of Brookings and Sake, Inc., for the purpose of a liquor manager to operate the on-sale establishment or business for and on behalf of the City of Brookings at 724 22nd Ave. Be It Further Resolved that the City Manager be authorized to execute the Agreement on behalf of the City, which shall be for a period of five (5) years and renewal for another five (5) years. Passed and approved this 14th day of August, 2012. CITY OF BROOKINGS Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk City Manager Introduction Action: Motion to Approve, Request Public Comment, Roll Call City of Brookings August 14, 2012 60 Alcohol Licenses 15. Action to approve Resolution No. 102-12, a Resolution authorizing the City Manager to enter into an Operating Agreement for On-Off Sale Wine License for The Pheasant Café & Lounge, Ron and Georgiana Olson, owners, 726 Main Ave. So., Brookings, South Dakota (legal description: Lot 2, Block 2, Grossman Heights Addition). The Pheasant Café & Lounge has applied for a Wine Operating Agreement for their business located at 726 Main Ave. So. An operating agreement is required for wine licenses. Resolution No. 102-12 allows the City Manager to enter into the first five years of the 10-year agreement effective through 2017. If approved, the application would be forwarded to the State Department of Revenue for final action and issuance of the license. Staff recommends approval. Listed below is specific information related to a wine license request and other procedures that are following with an application. Note that restaurant requirements for wine have been eliminated in state law. City Ordinances: Listed below is Chapter 5, Article 2, Section 5-20 of the City Code of Ordinances pertaining to Application Review Procedure. The City Council shall review all applications submitted to the City for available On-Sale Alcoholic Beverage Agreements and for On-Sale Malt Beverage and Wine Licenses in accordance with SDCL 35-2 and in accordance with the following factors: a. Type of business which applicant proposes to operate: On-Sale Alcoholic Beverage Operating Agreements and On-Sale Malt Beverage and Wine Licenses may not be issued to convenience grocery stores, gas stations, or other stores where groceries or gasoline are sold unless it can be established that minors do not regularly frequent the establishment. b. The manner in which the business is operated: On-Sale Alcoholic Beverage Operating Agreements and On-Sale Malt Beverage and Wine Licenses may not be issued to establishments which are operated in a manner which results in minors regularly frequenting the establishment. c. The extent to which minors are employed in such a place of business: On-Sale Alcoholic Beverage Operating Agreements and On-Sale Malt Beverage and Wine Licenses may not be issued to convenience grocery stores, gas stations, or other stores where groceries or gasoline are sold and which regularly employ minors. d. The adequacy of the police facilities to properly police the proposed location: The City Council shall inquire of the Police Chief whether the Police Department can adequately police the proposed location. City of Brookings August 14, 2012 61 e. Other factors: The hours that business is conducted shall be considered by the City Council in its review of applications for on-sale alcoholic beverage operating agreements and on-sale malt beverage and wine licenses. Resolution No. 102-12 The Pheasant Restaurant & Lounge Wine Operating Agreement Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Agreement for the Operating Liquor Management Agreement for wine between the City of Brookings and The Pheasant Restaurant & Lounge, for the purpose of a liquor manager to operate the on-sale establishment or business for and on behalf of the City of Brookings at 726 Main Ave. So. Be It Further Resolved that the City Manager be authorized to execute the Agreement on behalf of the City, which shall be for a period of five (5) years and renewal for another five (5) years. Passed and approved this 14th day of August, 2012. CITY OF BROOKINGS Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk City Manager Introduction Action: Motion to Approve, Request Public Comment, Roll Call City of Brookings August 14, 2012 62 Other Business 16. Action to approve a Memorandum of Understanding between the City of Brookings and the Brookings Convention and Visitors Bureau for certain services. TO: Mayor and City Council Members FROM: City Manager Jeff Weldon RE: Replacement Agreement for Convention and Visitor Promotion Committee The Brookings Chamber of Commerce and its Convention and Visitor Bureau (CVB) have recently completed some organizational restructuring that affects the agreement we have for CVB functions. Part of the restructuring involves the abolishment of the Visitor Promotion Committee (VPC). This new agreement recognizes the organizational restructuring. The VPC was established by resolution and must likewise be repealed by resolution which is also on this agenda. City Manager Introduction Action: Motion to Approve, Request Public Comment, Roll Call City of Brookings August 14, 2012 63 A MEMORANDUM OF UNDERSTANDING between the City of Brookings and the Brookings Convention and Visitors Bureau for certain services This Agreement is entered into by and between the City of Brookings, a municipal corporation, hereinafter referred to as “City, and the Brookings Convention and Visitors Bureau, a component unit of the Brookings Area Chamber of Commerce, a non-profit corporation, hereinafter referred to as the “CVB”. RECITALS WHEREAS, the City is authorized by the laws of South Dakota to expend public funds to promote the general resources of the City for the purpose of improving its economic well- being through tourism development, visitor attraction, and has historically funded such programs, and WHEREAS, the City desires to continue its program to continually promote Brookings to prospective visitors, students, and their parents, and the workforce personnel that area employers are interested in recruiting, and prospective business and industry, and WHEREAS, the City also desires to support programs organized to maximize the tourism and visitor attraction potential of various public and private visitor facilities, and WHEREAS, the City also desires to promote and support SDSU athletic, cultural, educational, and recreational programs including programs developed by SDSU students, and WHEREAS, the City also desires to increase visitor traffic and tourism to all community attractions and special events while developing new tourism opportunities, NOW, THEREFORE, THE PARTIES HERETO AGREE TO THE FOREGOING RECITALS AND AGREE TO THE FOLLOWING: 1) Professional services of the CVB: Upon acceptance of this Agreement, the City contracts with the CVB to develop and implement programs, initiatives, strategies and plans for the promotion, marketing, and enhancement of the local tourism trade and visitor attraction to the area. Such programs shall include leveraging current resources and developing future and potential resources of special events, facilities and amenities, conferences, conventions, meetings, youth and adult recreational and athletic events including tournaments, trade shows, professional gatherings, civic, cultural, and educational events. The CVB shall work collaboratively with other programs, entities, and organizations toward the goal of attracting visitors from beyond the City to increase tax revenue and private sector commerce, and may provide financial incentives as it deemed necessary to such parties. The programs should increase visitor spending in the local economy and be measured through economic impact analysis and other metrics. The CVB shall be responsible for the community branding promotion and marketing funding. City of Brookings August 14, 2012 64 2) City appointees to CVB: As the Operating Resolution providing for the establishment of the CVB contains eleven (11) members, the City shall have an appointment of one (1) member. 3) Reporting procedures: The CVB shall develop and provide to the City (a) a strategic plan annually to the City Council and City Manager, and shall annually provide a work plan of proposed activities for the coming year to the City Manager, (b) an annual report describing the previous year’s activities relative to the strategic plan and annual work plan, (c) an annual operating budget in a format deemed necessary by the City, and (d) annual appropriation requests. Periodic reports may be made by the CVB to the City Council as mutually agreed upon. Such reports shall be submitted from the CVB to the City Manager. The CVB shall maintain adequate records of the services performed and expenses incurred in carrying out its programs. The City shall have the right to examine such records at all reasonable times. 4) Communication between parties: The City Manager, or his designee, shall serve as the liaison between the City and the CVB. 5) Funding by the City: The City shall provided funding to the CVB through an annual budgetary appropriation in an amount necessary for the CVB to effectively implement the activities and duties described in (1) in an amount that shall be the sole determination of the City Council. Such determination shall be in conjunction with the annual budget development process of the City. Multi-year funding commitments shall not be made by the City. 6) Payments made by the City: The City agrees to pay one-twelfth of the annual appropriation each month for the services of the CVB. It is expressly understood the City is obligated to pay the CVB only, and that the City shall not be obligated to pay anyone else for any expenses incurred by the CVB in carrying out the terms of this agreement. The City retains the right to unilaterally adjust its financial commitment as necessary due to unforeseen budget constraints. 7) Information provided by the City: The City agrees that it will make available to the CVB through the various City offices such public information and public services as may be available and pertinent to the CVB’s demographic research programs, event, promotion, marketing, and research efforts. 8) Dedicated fund for Swiftel functions: The CVB shall designate a “Swiftel Fund” in the amount of $45,000 annually which shall be used as a risk-fund for certain Swiftel Center events that meet the same criteria as other promotional awards of the CVB. 9) Independent Contractor status: The CVB is deemed by the parties hereto to be an independent contractor, and any and all officers and employees of the CVB, while engaged in the performance of any work or services required by this agreement, shall be considered officers and employees of the CVB only and not of the City. Any and all claims that may arise under South Dakota’s workers compensation laws on behalf of City of Brookings August 14, 2012 65 said officers and employees while so engaged in any work or services under this agreement, shall be the sole responsibility of the CVB. The CVB shall acquire, maintain, and provide the City evidence of workers compensation and public liability insurance during the full term of this agreement, including its renewals, if any. 10) Term: This agreement shall be for an initial term commencing on the date this Agreement is executed by both parties and ending on December 31, 2014, and shall be automatically renewed from year to year thereafter, unless terminated as hereinafter provided. 11) Amendments: Representatives of both parties agree to meet at least annually to review this agreement and consider amendments. The City shall be represented by the City Manager and the CVB shall be represented by the Executive Director in such review. No amendments shall be effective until identical language constituting such amendment is approved by the governing boards of each party. 12) Termination: Either party shall be entitled to terminate this agreement with 60 days notice served to the other party. 13) Previous agreements superseded, entire agreement, and repealer: This agreement shall constitute the entire agreement between the parties. Consequently, the following promulgations are hereby repealed and deemed null and void. Resolution No. 12-07: ESTABLISHING THE VISITOR PROMOTION COMMITTEE Agreement dated 5-11-2010: BROOKINGS & CHAMBER/CVB AGREEMENT 14) Scope of Authority: It is expressly understood the CVB and its officers, employees, or agents are not, except as described herein, authorized and shall not represent themselves as being authorized to enter into any contract on behalf of or otherwise obligate the City to any person, corporation, partnership, or association for the expenditure of public funds. Dated this ____ day of ____________, 2012 CITY OF BROOKINGS, SD _________________________ ATTEST: Tim Reed, Mayor ______________________________ Shari Thornes, City Clerk Dated this ___ day of ____________, 2012 BROOKINGS CONVENTION & VISITORS BUREAU __________________________ ATTEST: Justin Sell, Chairman _____________________________ , CVB Executive Director Dated this ___ day of __________, 2012 City of Brookings August 14, 2012 66 Other Business 17. Action on Resolution No. 100-12, a Resolution dissolving the Visitor Promotions Committee. TO: Mayor and City Council Members FROM: City Manager Jeff Weldon Re: Repeal of Resolution creating Visitor Promotion Committee (VPC) Pursuant to the action of the Chamber of Commerce to reorganize the Convention and Visitors Bureau, one such component of the reorganization would be the combination of functions of the Convention and Visitors Bureau (CVB) with the VPC. Under this reorganization, the VPC is no longer necessary so it is prudent to repeal the enabling resolution under which was established. Resolution No. 100-12 A Resolution Repealing Resolution No. 12-07 Establishing the Visitor Promotions Committee Whereas, the City Council adopted Resolution creating the Visitor Promotion Committee for purposes of incentivizing events, programs, and activities designed to increase visitor traffic to the community, and Whereas, the Chamber of Commerce has completed a strategic reorganization and restructuring of the Convention and Visitors Bureau thus combining and integrating the services and programs of the Visitor Promotion Committee. Now, Therefore Be It Resolved by the City Council of the City of Brookings that Resolution No. 12-07 is hereby repealed. Passed and approved this 14th day of August, 2012. CITY OF BROOKINGS ___________________ ATTEST: Tim Reed, Mayor ________________________ Shari Thornes, City Clerk City Manager Introduction Action: Motion to Approve, Request Public Comment, Roll Call City of Brookings August 14, 2012 67 Other Business 18. Action on a Legal Services Agreement between the City of Brookings and Steven J. Britzman, Attorney at Law for a three- year contract (01/01/2013-12/31/2015). TO: Mayor and City Council Members FROM: City Manager Jeff Weldon RE: Renewal of City Attorney Contract Attached is a draft renewal of a contract for City Attorney services for the City of Brookings with Mr. Steve Britzman. The term is for three years. Past contracts have been for two years. This draft contract provides for annual incremental adjustments of four percent (4%) which I believe to be fair and reasonable. The only significant change in the scope of services is that litigation and ordinance re-codification as described in Section 15 would be billed separately from the monthly retainer. We have budgeted for the re- codification separately. This contract will begin January, 2013. Staff recommends approval. City Manager Introduction Action: Motion to Approve, Request Public Comment, Roll Call City of Brookings August 14, 2012 68 Legal Services Agreement _______________ THE CITY OF BROOKINGS AND STEVEN J. BRITZMAN, ATTORNEY AT LAW agree that the City of Brookings has appointed Steven J. Britzman to serve as City Attorney for a three (3) year period, commencing January 1, 2013 and ending December 31, 2015, and the City of Brookings and Steven J. Britzman desire to set forth the terms of their Agreement concerning the provision of legal services by Steven J. Britzman as City Attorney as follows: 1. Performance of Legal Services Steven J. Britzman will perform all legal services as provided in the "Scope of Services for City Attorney for City of Brookings" (the "Scope of Services"). A copy of the Scope of Services for City Attorney is attached hereto. Steven J. Britzman will perform all legal services which shall include representing the City in Magistrate Court in the enforcement of City Ordinances. 2. Insurance Coverage Steven J. Britzman will maintain Attorneys Professional Liability coverage in the amount of One (1) million dollars ($1,000,000) per claim and One (1) million dollars ($1,000,000) aggregate during the term of this agreement. Steven J. Britzman will be responsible to pay any deductible amount under the foregoing coverage. 3. Conflicts of Interest The parties to this Agreement understand that actual or perceived conflicts of interest are defined in great detail in the Rules of Professional Responsibility which govern attorneys and which are a part of the statutes of South Dakota. Accordingly, Steven J. Britzman will follow the Rules of Professional Responsibility, immediately disclose to the City Council and City Manager any conflict or the appearance of a potential conflict, and resolve the issue to the satisfaction of the City of Brookings and the client. 4. Compensation for Legal Services Steven J. Britzman agrees to provide all of the legal services provided in the Scope of Services, for a monthly sum from January 1, 2013 through December 31, 2013 of Six Thousand Three Hundred Thirty-four and 40/100 ($6,334.40) Dollars, payable on the last day of the month. For the year beginning January 1, 2014 through December 31, 2014, Steven J. Britzman shall be paid a monthly sum of Six Thousand Five Hundred Eighty-seven and 77/100 ($6,587.77) Dollars, payable on the last day of the month. For the year beginning January 1, 2015 through December 31, 2015, Steven J. Britzman shall be paid a monthly sum of Six Thousand Eight Hundred Fifty-one and 29/100 ($6,851.29) Dollars, payable on the last day of the month. The hourly rate for other legal services, including those set forth in Item 15 of the Scope of Services is $150.00 during the term of this Agreement. City of Brookings August 14, 2012 69 The legal services provided by Steven J. Britzman will be performed as an independent contractor and Steven J. Britzman shall therefore pay all payroll and business expenses incurred in providing legal services to the City. 5. Expense Reimbursements, Meetings and Conferences In addition to the compensation for legal services during each year of this Agreement, the City will provide Three Thousand Dollars ($3,000.00) per year for membership in the International Municipal Attorneys Association (IMLA) (currently $600.00 per year) and for Conference registration, travel and lodging for the Annual Meeting of the International Municipal Lawyers Association which includes approximately sixteen hours of continuing legal education. The City Attorney will also be reimbursed for out-of-pocket expenses when required to travel outside the City of Brookings to other meetings or to perform legal services, provided such travel is approved by the City Manager in advance of travel. 6. Legal Services not within the Scope of Services Steven J. Britzman shall first obtain approval of the City to perform any legal services excluded from the Scope of Services, however Steven J. Britzman and the City agree that it is appropriate for the City Attorney to be responsive to residents of the city, the media, other municipal attorneys, the municipal league and other public officials where communication or an appropriate measure of assistance is in the best interest of the City. Dated this ____day of August, 2012. STEVEN J. BRITZMAN, ATTORNEY AT LAW Steven J. Britzman Dated this ____day of August, 2012. CITY OF BROOKINGS, SD Tim Reed, Mayor ATTEST: _________________________ Shari Thornes, City Clerk City of Brookings August 14, 2012 70 SCOPE OF SERVICES FOR CITY ATTORNEY FOR CITY OF BROOKINGS THE CITY ATTORNEY SHALL PERFORM THE FOLLOWING SERVICES: 1. The City Attorney will attend all City Council meetings as the legal advisor for the Brookings City Council, unless the absence is due to vacation or illness or the subject matter does not require the assistance of counsel. 2. Provide all necessary legal consultation services, including oral and written opinions and research as requested by the Brookings City Council and the City Manager. 3. Provide legal assistance to the City’s Boards and Commissions, except the Utility Board and Hospital Board, as requested by the City Manager and City Council. 4. Provide legal representation to the City in litigation initiated against the City and by the City in circumstances where the City is not represented by legal counsel assigned by its insurance company. Legal representation in litigation must be authorized in each instance by the City Council and compensation will be in addition to the monthly compensation as provided in Section 15. 5. Assist in the preparation and review of all contract agreements, resolutions, ordinances and other legal documents considered, adopted or endorsed by the City. 6. To maintain a working knowledge of Municipal Law on both the State and Federal level. 7. Provide legal representation for the City before administrative bodies upon special request by the City Council. 8. As requested, review all claims made against the City. 9. Confer with colleagues who specialize in areas of law to establish and verify a basis for legal proceedings; serve as a liaison between outside legal counsel and City Officials on specialized legal issues. 10. Prepare a monthly written report of legal services performed which includes a description of the service and the time required to perform the service. 11. Assist the City Clerk and the private sector firm in Ordinance Codification. 12. The City Attorney will be an advisor to the labor negotiating staff and will review labor contracts as required or requested. 13. Maintain professional awareness of current literature and changes in law and attend continuing legal education to ensure the most efficient, cost-effective, and accurate operation of the City Attorney’s Office. 14. Review proposed state legislation affecting the City and prepare or supervise the preparation of state legislation relating to municipal and city government matters as directed by the City Council. Consult with City Council, the City Manager and department heads in regard to such legislation and testify before legislative boards as requested. 15. The City Attorney’s basic fee does not include the following services: a. Litigation b. Recodification of substantially all of the City Ordinances. All services with the exception of litigation and recodification of the City Ordinances will be compensated pursuant to the City Attorney’s basic fee. Fees for services in a. and b. above will be as negotiated and agreed upon by the parties. City of Brookings August 14, 2012 71 OTHER BUSINESS 19. Adjourn.