HomeMy WebLinkAbout2011_02_22 CC PKT1
Brookings City Council
Tuesday, February 22, 2011
City Hall Council Chambers
311 Third Avenue
The City of Brookings is committed to providing a high quality of life for its citizens and fostering a
diverse economic base through innovative thinking, strategic planning, and proactive, fiscally responsible
municipal management.
5:00 p.m. WORK SESSION
Work sessions are open to the public. During the work session the city staff would brief the council on items for that
particular meeting, introduce future topics, and provide a time for Council members to introduce topics.
1. Draft Sustainability Council Charter
2. Utilize Local Professional Services, Goods and Commodities
3. Liquor Operating Agreement Criteria and Process
4. City Council Member Ex-Officio Reports
5. Joint Powers Board members’ Report
6. City Council member introduction of topics for future discussion.*
7. Council Invites & 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 starting 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 the minutes.
C. Action on volunteer appointment.
D. Action on a request from SD THETA House Corp, Inc. (c/o Dallas Bridges) to abate
real estate taxes for a portion of 2010 in the amount of $2,830.80 for property
located at E 100’ of Lot 15 & 16, Block 2, Randi Peterson Addition, Parcel #40500-
00200-015-00.
E. Action on a request from Brookings Area Habitat for Humanity, Inc. to abate real
estate taxes for a portion of 2010 in the amount of $1,120.02 for 13 parcels of
property located in Blairhill Second Addition.
Action: 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.
BRING YOUR DREAMS.BRING YOUR DREAMS.
2
Open Forum/Presentations/Reports
5. Open Forum
6. SDSU Student Senate Report
Contract Awards / Change Orders
7. Action on Resolution No. 24-11 awarding contract for Landfill Crawler Loader.
Action: Motion to Approve, Request Public Comment, Roll Call
8. Action on Resolution No. 17-11 awarding contracts for Police Vehicles.
Action: Motion to Approve, Request Public Comment, Roll Call
9. Action on Resolution No. 25-11 awarding contract for Rotary Mower.
Action: Motion to Approve, Request Public Comment, Roll Call
First Readings**
10. Ordinance No. 01-11: An Ordinance to rezone the east half of Section 2-T109N-
R50W, excluding the Brookings Conservation Easement Addition from a class
Agricultural A District, Residence R-1A and R-3 District and a Business B-2A District to
a class Residence R-1B and R-3 District and a Business B-2A and B-2 District (Prairie
Hills).
Public Hearing – March 8th
11. Ordinance No. 02-11: An Ordinance amending the subdivision ordinance of the City of
Brookings and pertaining to erosion and the preservation of topsoil for the purposes of
administration of the subdivision ordinance.
Public Hearing – March 8th
12. Ordinance No. 03-11: An Ordinance amending the zoning ordinance of the Joint
Jurisdiction Area pertaining to the SW ¼ of the SW ¼ of Section 2-T109N-
R50W excluding the south 18 acres and excluding the north 75 feet of the south
669 feet of the west 322 feet thereof be and the same is hereby rezoned and
reclassified from a class Agricultural A District to a class Residence R-1A
District).
Public Hearing – March 8th
**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
13. Public hearing and action on a Temporary Liquor License requests for the Swiftel
Center for events on 3/1, 3/5, 3/12, 3/17, 3/19, 3/20 and 3/29/2011.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
14. Public hearing and action on a Temporary Liquor License request for The Shamrock for
an event on 2/24/11.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
3
15. Action on Resolution No. 23-11, a Resolution of Intent to Lease Real Property to
Private Entity - Lot 15, Block 12, East Acres Second Addition, also known as 368 22nd
Avenue, to John and Cindy Williams.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Other Business
16. TABLED ITEM: Action on a request from Rosewood Mobile Home Park to abate real
estate taxes for a portion of 2010 in the amount of $1,373.00 for property located at
930 W. Hwy 14, N 225’ of OLD of S ½ N ½ SE ¼ 22-110-50, Parcel #40960-11050-
224-40.
Action: Motion to remove from table, Request Public Comment, Roll Call
17. Brookings Municipal Utilities Financial Report
Action: Informational
18. Executive Session for purpose of discussing marketing or pricing strategies by a board or
commission of a business owned by the state or any of its political subdivisions, where
public discussions would be harmful to the competitive position of the business.
Action: Motion to enter executive session – voice vote
Action: Motion to leave executive session – voice vote
19. Adjourn.
Brookings City Council
Tim Reed, Mayor
Mike Bartley, Deputy Mayor & Council Member
Council Members Tom Bezdichek, John Kubal, Mike McClemans, Jael Thorpe, Keith Corbett
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 @ 1pm
Thursday @ 7 pm
Friday @ 9 pm
Saturday @ 1 pm
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 3 working days prior to the
meeting.
City Council Packet
February 22, 2011
4
5:00 P.M. WORK SESSION
** Work sessions are open to the public. During the work session the city staff would brief the council
on items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
1. Draft Sustainability Council Charter
Mayor Reed has submitted the enclosed draft Sustainability Council Charter for review
and discussion by the Council. This has been a several month project and Mayor Reed
has had the assistance of a diverse and knowledgeable team in developing the concept,
charter and draft ordinance. An ordinance to form the Sustainability Council is
forthcoming and tentatively scheduled for first reading on March 8th.
Sustainability Ad Hoc Team:
Tim Reed Mayor
Jeff Weldon City Manager
Mike Struck City Community Development Director
Shari Thornes City Clerk
Allyn Frerichs City Park, Recreation & Forestry Director
Bob McGrath Former Solid Waste Director
Dr. Denichiro Otsuga Directory Technology Transfer
Gail Robertson Utility Board Member
Dr. Bruce Berdanier Professor/Dept. Head for Civil & Environmental Engineering
Bill Flynn Citizen
Tom Bezdichek City Council Member
Dr. Matt James Assistant Professor Horticulture Forestry Landscape Parks
Al Heuton Executive Director BEDC
Nick Wendell Assistant Director of Student Activities
Dr. Ann Marie Bahr Professor Philosophy & Religion
Dr. Jane Hegland Professor/Dept. Head for Design Merchandising & Consumer Sciences
City Council Packet
February 22, 2011
5
Proposed Charter
Sustainability Council
City of Brookings SD
Purpose
The City of Brookings is committed to becoming a leader among its peers in developing an
environment that meets the needs of the present without compromising the ability of future
generations to meet their own needs.
For this council, sustainability to mean stewardship of all our resources in such a way that we
can maintain a quality place to live today and leave a legacy of enhancement for future
generations.
The purpose of the Sustainability Council is to investigate, propose, educate, communicate and
advocate investment strategies and policies that will improve our future quality of life while still
meeting the needs of the present. The Council will serve as a sustainability resource to the
community.
Objectives
Action: Investigate, prioritize, and facilitate activities that develop and encourage sustainable
practices.
Education: Communicate the importance of sustainable activities to the Brookings community.
Advocacy: Propose to City Government and other organizations implementation of sustainable
strategies, policies and activities.
Emphasis should include:
Green municipal practices and procedures
Green community wide practices
Future quality of life issues
Sustainable community planning and design including high performance buildings and
landscapes
Incorporation of SDSU resources
Promoting economic growth through sustainable activities
Understanding economic impact and value creation of sustainability practices
Promote local food resourcing
Promote use of renewal resources
Membership
Voting Members to be chosen from, but not limited to the following areas:
7-9 members
o Citizen-at-large
o SDSU representative
o SDSU Environmental Stewardship & Sustainability Committee
o Public school teacher
City Council Packet
February 22, 2011
6
o BEDC or Chamber
o BMU
o Business community
o Technical expert (engineering field, not requiring a degree)
Non-voting members added by Council, examples are:
o City farmer’s market
o Dakota Rural Action
o Political advocacy group
Expectations of members:
Continued education in sustainability best practices
Adhere to the City’s Code of Ethics
Favorable/positive interest in sustainability
City Council Packet
February 22, 2011
7
5:00 P.M. WORK SESSION
** Work sessions are open to the public. During the work session the city staff would brief the council
on items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
2. Utilize Local Professional Services, Goods and Commodities
At your policy discussion from last September, one of the issues briefly addressed was
whether or not the City should have a policy which restricts purchasing and acquisition
of goods, services, and other commodities to strictly locally-addressed vendors.
To that end, staff has conducted the following research:
1) There currently is no council policy which restricts purchases to locally-
addressed vendors.
2) There is an administrative policy promulgated by staff that to the greatest extent
possible, all goods, services, and commodities will be purchased locally.
3) Research from the South Dakota Municipal League found no knowledge of any
municipality that has such a policy.
4) Research from SDSU shows no specific policy requires the purchasing from local
or even in-state companies.
5) Research from the City of Sioux Falls shows no specific policy requiring exclusive
local purchasing.
6) Purchasing for certain items pursuant to SDCL 5-18-2 requires competitive
bidding regardless of a bidders address. For such applicable purchases, the issue
of a local address is moot.
7) There is a provision in state law regarding local preference reciprocity relative to
bidders from other states. Attached is a memo from City Attorney Steve
Britzman which describes this in more detail.
Clearly, it is a good local business practice and simply makes sense to purchase goods,
services, and commodities from local businesses to the greatest extent possible. Again,
that is our practice and we will continue to do so whenever possible. However, the
overriding consideration when making purchases should be purchases that provide the
best value for the taxpayers. Determining the best value involves weighing
considerations such as price, quality, warranty, service, convenience, and ability to
perform, to name the most prominent. In order to insure the best value for the
taxpayers purchase, in my opinion, these considerations should override the address of
a business.
City Council Packet
February 22, 2011
8
To: Jeff Weldon, City Manager and Shari Thornes, City Clerk
From: Steven J. Britzman, City Attorney
Date: February 2011
Re: Resident Preference Laws as contained in new Procurement (―Bid‖) Laws
Comment: The statute immediately below is a tie breaker if we have identical bids. The
statute at the top of the next page—5-18A-26--is a requirement that we give a preference to a
resident bidder in an amount equal to the preference listed for the other State by the Bureau of
Administration. This is a mandatory preference, but I think there is rarely a stated preference
percentage for our neighboring States.
Statutes:
5-18A-25. Preferences to certain resident businesses, qualified agencies, and
businesses using South Dakota supplies or services.
In awarding a contract, if all things are equal, including the price and quality of the supplies or
services, a purchasing agency shall give preference:
(1) To a qualified agency if the other equal low bid or proposal was submitted by a business
that was not a qualified agency;
(2) To a resident business if the other equal low bid or proposal was submitted by a
nonresident business;
(3) To a resident manufacturer if the other equal low bid or proposal was submitted by a
resident business that is not a manufacturer;
(4) To a resident business whose principal place of business is located in the State of South
Dakota, if the other equal low bid or proposal was submitted by a resident business
whose principal place of business is not located in the State of South Dakota; or
(5) To a nonresident business providing or utilizing supplies or services found in South
Dakota, if the other equal low bid or proposal was submitted by a nonresident business
not providing or utilizing supplies or services found in South Dakota.
In computing price, the cost of transportation, if any, including delivery, shall be considered.
5-18A-26. Resident bidder preferred over nonresident bidder from state or foreign
province that has preference for resident bidders.
A resident bidder shall be allowed a preference on a contract against the bid of any bidder from
any other state or foreign province that enforces or has a preference for resident bidders. The
amount of the preference given to the resident bidder shall be equal to the preference in the
other state or foreign province.
City Council Packet
February 22, 2011
9
5-18A-27. List of states with resident bidder preferences.
The Bureau of Administration shall maintain a current list of all states that have a resident
bidder preference law and the amount or percent of preference taken by each state. The bureau
shall make the list available upon request to any purchasing agency.
5-18A-1. Definition of terms.
(23) "Qualified agency," any public or private nonprofit corporation geographically located
in the State of South Dakota that provides services for persons with disabilities and is certified
by the Department of Human Services;
(26) "Resident," any person, partnership, association, limited liability company, foreign
limited liability company, corporation, or foreign corporation licensed to do business within this
state that has maintained a substantial and bona fide place of business and has conducted
business from within this state for at least one year prior to the date on which a contract was
awarded. The members of the partnership or association shall have been bona fide residents of
the state for one year or more immediately prior to bidding upon the contract. A foreign
corporation licensed pursuant to §§ 47-1A-1501 to 47-1A-1532, inclusive, is not a resident as
defined by this section if the state or country in which it is organized enforces or has a
preference for resident bidders;
City Council Packet
February 22, 2011
10
5:00 P.M. WORK SESSION
** Work sessions are open to the public. During the work session the city staff would brief the council
on items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
3. Liquor Operating Agreement Criteria and Process
Pursuant to the City Council’s Policy Review Meeting of September 15, 2010, further
discussion and review of the City’s Liquor Operating Agreement and process was
requested. Enclosed is the current adopted policy regarding operating agreements and
the boilerplate on-sale liquor operating agreement.
City Council Policy
Liquor Operating Agreements
Adopted August 13, 2001
The City of Brookings is the holder of State Liquor Licenses for the sale of alcoholic
beverages. The City of Brookings enters into operating agreements with business
owners permitting them to sell alcoholic beverages purchased from the City. The City of
Brookings established a policy for the consideration of additional operating agreements
with the City. The policy establishes the criteria for applying for an available, but un-
issued operating agreement. This addition to that policy will clarify the City Council’s
policy on the consideration of changes in existing operating agreements.
1. It is not the City’s intention to allow operating agreements to be sold.
2. It is not the City’s intention to have issued operating agreements be unused by
the manager. Failure to use the agreement will be grounds for termination by
the City. The city manager will report any inactive operating agreements to the
City Council to consider the circumstances and for appropriate action.
3. Operating agreements are not assignable or transferable to another person or
location by the named manager; only the City Council can assign or transfer an
agreement to another person or location.
4. The purchaser of an establishment holding an operating agreement must apply
for an assignment of that operating agreement. It is the City’s intent to allow an
assignment of an operating agreement to an applicant that passes the ―character
of the applicant‖ requirement as a new owner of an existing business in the same
location.
City Council Packet
February 22, 2011
11
5. The owner of an establishment holding an operating agreement must apply for an
assignment of that operating agreement if there is a desire to move the business
to a different location. It is the City’s intent to allow an assignment of an
operating agreement to a new location providing the location is suitable, ―second
tier criteria‖ is considered and the business identity is the same as in the initial
application.
6. Unless the circumstances are as described in number 4 and 5 above, it is not the
City’s intent to allow the assignment of an operating agreement from one
business to another or one location to another. In these instances, an
application for a new operating agreement is necessary.
Policy Establishing Criteria
for the Issuance of Additional
On-sale Liquor Licenses
South Dakota Codified Law (SDCL) limits the maximum number of on-sale
liquor licenses and provides criteria for the issuance of licenses.
Maximum Number of on-sale licenses
SDCL 35-4-11 provides in part: The number of on-sale licenses issued may not exceed
three each for the first one thousand of population or fraction thereof and not exceed
one each of such licenses for each additional one thousand five hundred of population
or fraction thereof. The quotas established in this section do not apply to malt
beverage retailers.
SDCL 35-4-1 defines ―population‖ as the number of inhabitants as determined by the
last preceding federal census. A 1939 Attorney General Opinion states that
―preliminary census bulletins‖ are official.
Criteria for Issuance of Alcoholic Beverage Licenses
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.‖
City Council Packet
February 22, 2011
12
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.‖
The City of Brookings is anticipating that the 2000 census will count a population of at
least 17,501 people, allowing one additional On-Sale Liquor License. The population
may increase by 2,731 which would allow two additional On-Sale Liquor Licenses.
Several business people have expressed a desire to obtain an on-sale license when it
becomes available. With this knowledge, the City Council of the City of Brookings
desires to establish criteria for the issuance of licenses over the current fifteen issued.
Currently, the license holders are:
ON-SALE
1. Chevy Lounge, 303 Main Avenue On-Sale
2. Brookings Inn, Inc. Box 558 On-Sale (Convention)
3. Jim’s Tap, 309 Main Avenue On-Sale
4. The Lantern Lounge, Box 782 On-Sale
5. Pheasant Lounge, 726 Main Avenue S On-Sale
6. Prairie Lanes, Inc., 722 Western Avenue On-Sale
7. The Ram, Box 801 On-Sale
8. Safari Lounge, Inc., Box 507 On-Sale
9. Staurolite Inn & Suites On-Sale (Convention)
10. Danny’s Lounge, 703 Main Avenue On-Sale
11. Ray’s Corner, 401 Main Avenue On-Sale
12. Cubby’s Sports Bar & Grill On-Sale
13. Applebee’s On-Sale
14. Skinners On-Sale
15. Bravo’s On-Sale
1. Elks Club, 516 Fourth Street Club
2. VFW Club, 520 Main Avenue Club
SDCL and case law support the premise that the decision to issue an alcoholic beverage
license is discretionary. Therefore, the City of Brookings hereby establishes a two-
tiered process to evaluate on-sale liquor applications. The first tier will 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 will 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
City Council Packet
February 22, 2011
13
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.
The City will check for compliance with the State requirement that the ―character of the
applicant‖ be acceptable. Upon finding evidence that the character of the applicant is
acceptable and the location suitable, the City Council will consider second tier criteria.
This process can include examining the best location for economic and tourism
development, the best ancillary uses (restaurant, etc.) developed with the sale of liquor,
the best location in accordance with the city long-range plan, the size of the facility,
parking facilities, closeness to existing supplementing businesses and activities deemed
important by the City Council.
City Council Packet
February 22, 2011
14
LIQUOR OPERATING AGREEMENT
(Name of business)
THIS AGREEMENT made and entered into by and between the CITY OF BROOKINGS,
a municipal corporation of the State of South Dakota, hereinafter referred to as the ―City‖ and
________________. (dba _________), _____________, owner, hereinafter referred to as
the ―Manager‖.
WITNESSETH:
WHEREAS, the City has been issued an on-sale alcoholic beverage license and is
engaged in the sale of alcoholic beverages, and
WHEREAS, the City desires to enter into an operating agreement on a limited basis
with the Manager for the purpose of operating an on-sale establishment or business for and on
behalf of the City pursuant to law, and
WHEREAS, the Manager has offered to have facilities in which to operate said on-sale
establishment solely upon the premises hereinafter described.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
I.
This Agreement is made and entered into on a limited basis between the parties hereto
to allow the Manager to operate a retail on-sale premises, pursuant to and in accordance with
all of the terms and conditions of this Agreement in accordance with all State laws and City
Ordinances now in effect and as may be enacted in the future.
II.
The Manager shall be individually responsible for all operating expenses of said on-sale
establishment, including but not limited to utilities, taxes, insurance and license fees, if any.
The Manager shall furnish all equipment and fixtures necessary to operate the
establishment.
III.
The on-sale establishment shall be located upon real estate in the City of Brookings,
South Dakota, described as:
(LEGAL DESCRIPTION), City of Brookings, Brookings County,
South Dakota
IV.
The Manager shall dispense only alcoholic beverages supplied by the Municipal off-sale
establishment.
V.
City Council Packet
February 22, 2011
15
This Agreement shall be in full force and effect for a period of five (5) years with the
Manager having the option and privilege of a five (5) year extension, subject to the approval of
the governing body of the City of Brookings.
VI.
Either the Manager or the City may terminate this Agreement without cause upon
ninety (90) days written notice served by either party upon the other. The City reserves the
right to immediately suspend or revoke this Agreement without ninety (90) days written notice
for alcohol related violations in accordance with the provisions of Resolution No. 25-88 or any
amendments thereto or for any late payments for alcoholic beverages supplied by the Municipal
off-sale establishment to be sold on the premises of Manager.
VII.
The Manager shall receive as full compensation for its services rendered, the net profit
from the on-sale establishment under its management, and the sole profit to be derived by the
City shall be the markup hereinafter set forth on alcoholic beverages furnished by the
municipality to the Manager for the purposes of resale on the premises as above described.
VIII.
The Manager shall pay to the City for all alcoholic beverages sold by the City to the
Manager for resale on the above-described premises, the actual cost of distilled spirits and wine
supplied by the City, plus eleven percent (11%) in excess of such cost; the Manager shall pay to
the City for all malt beverages sold by the City to the Manager for resale on the above-
described premises, the actual cost of malt beverages, plus ten percent (10%) in excess of such
cost. The actual cost shall include cost price and transportation charges. The markup
percentages provided in this Agreement are subject to change by the City of Brookings. In the
event markup percentages are changed by Ordinance, then the markup percentages provided
by City Ordinance shall supercede the markup percentages provided herein. The Manager
further agrees that if either of the markup percentages shall be increased at any time by the
City, the Manager shall pay the markup as so increased.
IX.
A complete and detailed record shall be maintained by the City of all alcoholic
beverages supplied to the on-sale Manager and such alcoholic beverages so supplied shall be
evidenced by pre-numbered invoices prepared in triplicate showing the date, quantity, brand,
size and actual cost of such item, and such invoice shall bear the signature of the authorized
representative of the on-sale Manager or its authorized representative. One copy thereof shall
be retained by the Municipal off-sale establishment, one copy shall be retained by the on-sale
establishment, and one copy shall be filed with the City Clerk. All copies shall be kept as
permanent records and made available for reference and audit purposes. The Manager also
agrees to maintain a complete record of all alcoholic beverages received from the City.
X.
In consideration of the covenants and agreements herein contained, the Manager agrees
to pay the CITY OF BROOKINGS, One Thousand Five Hundred and no/100 Dollars
($1,500.00), constituting the Annual License Fee on or by January 1, _________, and on or by
City Council Packet
February 22, 2011
16
the first day of each year thereafter as long as this agreement shall remain in force and effect.
The Manager further agrees that if the annual fee shall be increased at any time by the
legislature, the Manager shall pay the amount of any such increase. In addition, the Manager
agrees to pay the federal stamp fee.
XI.
The Manager agrees to keep the premises in a neat, clean and attractive appearance, and
Manager further agrees to operate said on-sale establishment only on such days and at such
hours as permitted by state law and city ordinances.
XII.
The Manager shall have the right to return, at any time, alcoholic beverages received
from the City and to receive in return any deposit made for such alcoholic beverages; in the
event of termination of the business, all unused alcoholic beverages, which may be resold
without discount may be returned to the City and the Manager shall be reimbursed for the cost
of such alcoholic beverages.
XIII.
The Manager agrees to abide by the credit policies of the City and acknowledges, by
execution of this Agreement, receipt of a copy of the credit policies of the City. The City
reserves the right to change or terminate its credit policies at any time, but shall be required to
provide written notice to Manager prior to the effective date of the change or termination date
of the credit policies.
XIV.
The Manager agrees to furnish the City upon demand, evidence of payment of the
following:
A. All salaries of on-sale employees;
B. Social Security and withholding taxes on said employees;
C. Worker’s Compensation insurance premiums covering said employees;
D. Unemployment taxes on the payrolls of said employees;
E. General liability insurance protecting both the City and Manager against claims for
injury or damages to persons or property, said policy to have general liability limits
of at least Five Hundred Thousand Dollars ($500,000.00) single limit, and One
Million Dollars ($1,000,000.00) aggregate, and a limitation of Fifty Thousand Dollars
($50,000.00) for damage to property. The general liability insurance limits are
subject to change and Manager agrees to change limits of insurance if required by
the City;
F. Rent and utility bills;
G. Any and all miscellaneous expenses, including taxes.
XV.
The Manager agrees to observe all Federal and State laws and all ordinances of the City
of Brookings.
XVI.
City Council Packet
February 22, 2011
17
The City covenants and agrees to furnish the on-sale license to Manager pursuant to the
terms and conditions of this Operating Agreement and the terms and conditions of the on-sale
license.
XVII.
The City shall have the right to make inspections and investigations of the premises
during the hours of operation, and make audits and examinations of the records of the Manager
relating to the on-sale establishment.
XVIII.
It is further specifically understood and agreed that the waiver of the rights of the City
under this Agreement shall not constitute a continuous waiver, and any violation or breach of
the terms of this agreement by the Manager shall constitute a separate and distinct offense and
grounds for immediate termination and revocation of this Agreement.
XIV.
This agreement shall not be assignable to another person or location without the
written consent of the City.
IN WITNESS WHEREOF, the parties hereto have executed this agreement this _____ day of
________, 2011.
CITY OF BROOKINGS, South Dakota
A Municipal Corporation
By:
Jeffrey W. Weldon, City Manager
ATTEST:
Shari Thornes, City Clerk
MANAGER
By:
Operating Agreement/Business Owner
City Council Packet
February 22, 2011
18
5:00 P.M. WORK SESSION
** Work sessions are open to the public. During the work session the city staff would brief the council
on items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
4. City Council Member Ex-Officio Reports.
Pursuant to council direction, ―City Council Member Ex-Officio Reports‖
will be a standing agenda item at all Council Work Sessions. The Council
Members that serve as Ex-Officio members on the Brookings Health
System Board of Trustees and Utility Board will provide verbal reports
regarding recent meetings they have attended.
Brookings Municipal Utility Board:
1. Council Member Bezdichek
2. Council Member Corbett
Brookings Health Systems Board:
1. Council Member Kubal
2. Council Member McClemans
City Council Packet
February 22, 2011
19
5:00 P.M. WORK SESSION
** Work sessions are open to the public. During the work session the city staff would brief the council
on items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
5. Joint Powers Board Council Member’s 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 Council Packet
February 22, 2011
20
5:00 P.M. WORK SESSION
** Work sessions are open to the public. During the work session the city staff would brief the council
on items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
6. City Council member introduction of topics for future
discussion.
Any Council member may request discussion of any issue at a future
meeting only. Items cannot be added for action at this meeting. A motion
and second is required stating the issue, requested outcome, and time
frame. A majority vote is required.
City Council Packet
February 22, 2011
21
5:00 P.M. WORK SESSION
** Work sessions are open to the public. During the work session the city staff would brief the council
on items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
7. Council Invites & Obligations.
Date
Day Event &
Brief Description
Time Location / Town /
Address / Directions
March 8 Tuesday Council Meeting 5:00 p.m. Council Chambers
March 12-16 Saturday-
Wednesday
NLC Congressional
City Conference Washington, DC
March 21-25 Monday-
Friday Board of Equalization City Hall Meeting Room
March 22 Tuesday Council Meeting 5:00 p.m. Council Chambers
March 30-31 Wednesday
– Thursday
2011 SD Airports
Conference Best Western Ramkota -
Watertown
April 5 Tuesday Council Meeting 5:00 p.m. Council Chambers
April 26 Tuesday Council Meeting 5:00 p.m. Council Chambers
April 26-27 Tuesday-
Wednesday
Governor’s Economic
Development
Conference
Best Western Ramkota –
Sioux Falls
May 10 Tuesday Council Meeting 5:00 p.m. Council Chambers
May 24 Tuesday Council Meeting 5:00 p.m. Council Chambers
June 14 Tuesday Council Meeting 5:00 p.m. Council Chambers
June 18-26 Friday-
Saturday
Open World
Leadership Center –
Russian Delegates in
Brookings
June 28 Tuesday Council Meeting 5:00 p.m. Council Chambers
July 12 Tuesday Council Meeting 5:00 p.m. Council Chambers
July 26 Tuesday Council Meeting 5:00 p.m. Council Chambers
August 9 Tuesday Council Meeting 5:00 p.m. Council Chambers
August 23 Tuesday Council Meeting 5:00 p.m. Council Chambers
September 13 Tuesday Council Meeting 5:00 p.m. Council Chambers
September 27 Tuesday Council Meeting 5:00 p.m. Council Chambers
October 4-7 Tuesday-
Friday
SDML Annual
Conference Sioux Falls, SD
October 11 Tuesday Council Meeting 5:00 p.m. Council Chambers
City Council Packet
February 22, 2011
22
Date
Day Event &
Brief Description
Time Location / Town /
Address / Directions
October 25 Tuesday Council Meeting 5:00 p.m. Council Chambers
November 8 Tuesday Council Meeting 5:00 p.m. Council Chambers
November
8-12
Tuesday-
Saturday
NLC Congress of
Cities Phoenix, AZ
November 22 Tuesday Council Meeting 5:00 p.m. Council Chambers
December 13 Tuesday Council Meeting 5:00 p.m. Council Chambers
December 20 Tuesday Council Meeting 5:00 p.m. Council Chambers
23
6:00 p.m. REGULAR MEETING
1. Call to order.
2. Pledge of Allegiance.
3. Record of Council Attendance.
4. Action to approve the following Consent Agenda Items:
A. Action to approve the agenda.
B. Action to approve the minutes.
C. Action on volunteer appointment.
D. Action on a request from SD THETA House Corp, Inc. (c/o Dallas Bridges) to abate real estate taxes for a
portion of 2010 in the amount of $2,830.80 for property located at E 100 ’ of Lot 15 & 16, Block 2, Randi
Peterson Addition, Parcel #40500-00200-015-00.
E. Action on a request from Brookings Area Habitat for Humanity, Inc. to abate real estate taxes for a portion of
2010 in the amount of $1,120.02 for 13 parcels of property located in Blairhill Second Addition.
Action: Motion to Approve, Request Public Comment, Roll Call
Open Forum/Presentations/Reports
5. Open Forum
6. SDSU Student Senate Report
Contract Awards / Change Orders
7. Action on Resolution No. 24-11, awarding contract for Landfill Crawler Loader.
Action: Motion to Approve, Request Public Comment, Roll Call
8. Action on Resolution No. 17-11 awarding contracts for Police Vehicles.
Action: Motion to Approve, Request Public Comment, Roll Call
9. Action on Resolution No. 25-11, awarding contract for Rotary Mower.
Action: Motion to Approve, Request Public Comment, Roll Call
First Readings
10. Ordinance No. 01-11: An Ordinance to rezone the east half of Section 2-T109N-R50W, excluding the Brookings
Conservation Easement Addition from a class Agricultural A District, Residence R-1A and R-3 District and a Business
B-2A District to a class Residence R-1B and R-3 District and a Business B-2A and B-2 District (Prairie Hills).
Public Hearing – March 8th
11. Ordinance No. 02-11: An Ordinance amending the subdivision ordinance of the City of Brookings and pertaining to
erosion and the preservation of topsoil for the purposes of administration of the subdivision ordinance.
Public Hearing – March 8th
12. Ordinance No. 03-11: An Ordinance amending the zoning ordinance of the Joint Jurisdiction Area
pertaining to the SW ¼ of the SW ¼ of Section 2-T109N-R50W excluding the south 18 acres and
excluding the north 75 feet of the south 669 feet of the west 322 feet thereof be and the same is hereby
rezoned and reclassified from a class Agricultural A District to a class Residence R-1A District).
Public Hearing – March 8th
Second Readings / Public Hearings
13. Public hearing and action on a Temporary Liquor License requests for the Swiftel Center for events on 3/1, 3/5, 3/12,
3/17, 3/19, 3/20, and 3/29/2011.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
14. Public hearing and action on a Temporary Liquor License request for The Shamrock for an event on 2/24/2011.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
15. Action on Resolution No. 23-11, a Resolution of Intent to Lease Real Property to Private Entity.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Other Business
16. TABLED ITEM: Action on a request from Rosewood Mobile Home Park to abate real estate taxes for a portion of
2010 in the amount of $1,373.00 for property located at 930 W. Hwy 14, N 225’ of OLD of S ½ N ½ SE ¼ 22 -110-
50, Parcel #40960-11050-224-40.
Action: Motion to remove from table, Request Public Comment, Roll Call
17. Brookings Municipal Utilities Financial Report
18. Executive Session for purpose of discussing marketing or pricing strategies by a board or commission of a business
owned by the state or any of its political subdivisions, where public discussions would be harmful to the competitive
position of the business.
Action: Motion to enter executive session – voice vote / Action: Motion to leave executive session – voice vote
19. Adjourn.
City Council Packet
February 22, 2011
24
CONSENT AGENDA #4
4. Action to approve the following Consent Agenda Items: *
A. Action to approve the agenda.
B. Action to approve the minutes.
C. Action on various volunteer appointments.
D. Action on a request from SD THETA House Corp, Inc. (c/o
Dallas Bridges) to abate real estate taxes for a portion of
2010 in the amount of $2,830.80 for property located at E
100’ of Lot 15 & 16, Block 2, Randi Peterson Addition,
Parcel #40500-00200-015-00.
E. Action on a request from Brookings Area Habitat for
Humanity, Inc. to abate real estate taxes for a portion of
2010 in the amount of $1,120.02 for 13 parcels of property
located in Blairhill Second Addition.
*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 Council Packet
February 22, 2011
25
CONSENT AGENDA #4
B. Action to approve City Council Minutes.
The draft February 8, 2011 Brookings City Council minutes are enclosed
for Council review and approval.
City Council Packet
February 22, 2011
26
Brookings City Council
February 8, 2011 (unapproved)
The Brookings City Council held a meeting on Tuesday, February 8, 2011 at 5:00 p.m., at City
Hall with the following members present: Mayor Tim Reed, Council Members John Kubal, Mike
McClemans, Tom Bezdichek, Mike Bartley and Jael Thorpe. Council Member Keith Corbett was
absent. City Manager Jeff Weldon, City Attorney Steve Britzman and City Clerk Shari Thornes
were also present.
Review of Industrial Land Policy and Tax Increment Finance District Policy. Mike
Struck, City Community Development Director, and Al Heuton, BEDC Executive Director,
reviewed all current and past policies concerning industrial land and tax increment financing.
ACTION: A motion was made by Bartley, seconded by Reed, to request economic development
policy suggestions from the Brookings Economic Development Corporation by the last council
meeting in March. No changes were made to the current Tax Increment Finance District Policy.
Ex-Officio Reports. McClemans contacted Brookings Health Systems to schedule a joint
meeting to discuss planning for the future of health care in Brookings. Council members were
asked to email desired meeting outcomes to the City Manager. The Council requested a
special two-hour meeting to be held in a neutral location commencing at 4:00 or 5:00 p.m.
6:00 P.M. REGULAR MEETING. Consent Agenda. Agenda Item 4E–Rosewood
Abatement was removed from consent for separate discussion and action. A motion was made
by Thorpe, seconded by Kubal, to approve the consent agenda as amended:
A. Action to approve the agenda as amended.
B. Action to approve the January 25, 2011 City Council Meeting minutes.
C. Action on various volunteer appointments. Board of Adjustment: Appointed Jim
Pederson and Jason Hoffelt (fulfilling vacant positions – terms expiring 1/1/2014).
Appointed Jere Hieb as 1st Alternate and Mary Kidwiler as 2nd Alternate (terms expiring
1/1/2012). Board of Appeals: Appointed Dave Bertelson to the vacant position (term
expiring 1/1/2016).
D. Action on a request from Susan Scott to abate real estate taxes for a portion of
2010 in the amount of $937.00 for property located at 222 14th Ave., W 57.2’ of
Lot 1, Block 2, LeGeros Addition, Parcel 40300-00200-001-00.
E. Action on a request from the City of Brookings to abate the real estate taxes
for a portion of 2010 in the amount of $9,728.91 for the following Parcels:
40160-00300-001-00 / 002-00 / 003-00 / 004-00 / 005-00 / 006-05 / 007-00 / 008-05 /
008-10 (Joint City/County Building location).
F. Action on a request from the City of Brookings to abate the real estate taxes
for a portion of 2010 in the amount of $676.16 for Parcel 04000-11049-191.00.
G. Action to abate a portion of the 2011 drainage fee in the amount of $17.41 for
Outlots Addition, N 1320' OF N 1350' EXC W 312' & EXC E 1128.5' & EXC.
OLS 2 & 3 & EXC N40' therein, otherwise known as 1718 20th Street South.
I. Action on Resolution No. 17-11 declaring surplus property: one 1989 Spartan
Pumper (Engine #5), Model DS26042.
Resolution No. 17-11 - Declaring Surplus Property
City Council Packet
February 22, 2011
27
Whereas, the City of Brookings is the owner of the following described equipment formerly
used at the City of Brookings Fire Department: Engine 5 - Fixed Asset # 101-0077, 1989
Spartan Pumper, Model DS26042, VIN #1S9PT2S06KC185114.
Whereas, in the best financial interest, it is the desire of the City of Brookings to sell same
as surplus property;
Whereas, the City Manager hereby authorized to appoint three qualified appraisers to
appraise the value of the property;
Now, Therefore, Be It Resolved by the governing body of the City of Brookings, South
Dakota, that this property be declared surplus property according to SDCL Chapter 6-13.
On the motion, all present voted yes; motion carried.
Abatement. A motion was made by Thorpe, seconded by McClemans, to approve a request
from Rosewood Mobile Home Park to abate real estate taxes for a portion of 2010 in the
amount of $1,373.00 for property located at 930 W. Hwy 14, N 225’ of OLD of S ½ N ½ SE ¼
22-110-50, Parcel #40960-11050-224-40. A motion was made by Reed, seconded by Kubal, to
TABLE. All present voted yes, motion carried to TABLE.
National Children’s Study. Emily Hansen, NCS Research Coordinator for Brookings
County, and Kelsey Schurrer, NCS Research Assistant for Brookings County provided the City
Council with an update on the National Children’s Study.
Resolution No. 18-11: Bid Award. A motion was made by Kubal, seconded by Bartley, to
award the bid for Firefighter Gear to M&T Fire & Safety of Volga, SD. All present voted yes;
motion carried.
Resolution No. 18-11
Resolution Awarding Bids on Firefighter Gear (14 Sets - Jackets/Pants)
Whereas, the City of Brookings held a bid letting at 1:30 pm on Tuesday, January 25, 2011; and
Whereas, the City of Brookings has received the following bid for Firefighter Gear: M&T Fire
& Safety, Inc. $23,912.00.
Now Therefore, Be It Resolved that the bid of $23,912.00 of M&T Fire & Safety, Inc. be
accepted.
Resolution No. 19-11: Bid Award. A motion was made by Thorpe, seconded by Bartley,
to award the bid for the Fire Dept. Command Vehicle, a 2011 ½ Ton Pickup Truck, to Einspahr
Auto Plaza, Brookings, SD. All present voted yes; motion carried.
Resolution No. 19-11
Resolution Awarding Bids on 2011 ½ Ton Pickup Truck
Whereas, the City of Brookings held a bid letting at 1:30 pm on Tuesday, January 25, 2011; and
City Council Packet
February 22, 2011
28
Whereas, the City of Brookings has received the following bids for a 2011 ½ Ton Pickup Truck:
1) Einspahr Auto Plaza, Inc. in the amount of $31,674.00, and 2) Whiteside Chevrolet in the
amount of $35,308.00.
Now Therefore, Be It Resolved that the bid of $31,674.00 of Einspahr Auto Plaza, Inc. be
accepted.
Resolution No. 20-11. A motion was made by Bartley, seconded by McClemens, to approve
Resolution No. 20-11, authorizing Change Order No. 1 for Wildlife Fence Improvement
Project, AIP 3-46-0005-23-2010. No public comment was made. All present voted yes; motion
carried.
Resolution No. 20-11
A Resolution Authorizing Change Order No. 1 (CCO#1) for Airport Wildlife Fence Project,
AIP #3-46-0005-023-2010: American Fence Company, Inc.
Be It Resolved by the City Council that the following change order be allowed for Airport
Wildlife Fence Project, AIP #3-46-0005-023-2010: Construction Change Order Number 1, add
mechanical key pad lock for walk gate, add proximity readers and cards for electric gates,
deduct for reusing the existing REIL base, add boring for conduit under the runway, add conduit
for the control wire under the runway for the REILs, add conduit, and add the connection of
conduit to the junction cans for a total increase of $11,145.04 to the contract; and increase
contract completion date by 135 calendar days to February 28, 2011.
Resolution No. 21-11. A public hearing was held on Resolution No. 12-11, a Resolution of
intent to lease house at 2150 Derdall Drive to Jesse Nordbye and Candi Sumner (12-month
lease). No public comment. A motion was made by Thorpe, seconded by McClemans, to
approve Resolution No. 12-11. All present voted yes; motion carried.
Resolution No. 21-11
Resolution of Intent to Lease Real Property to Private Entity
Be It Resolved by the governing body of the City of Brookings, South Dakota that the City of
Brookings intends to enter into a Lease with Jesse Nordbye and Candi Sumner, for a period of
one year and pertaining to the following described property: Lot One and the East Ten Feet of
Lot Two in Block Thirteen of East Acres Second Addition to the City of Brookings, County of
Brookings, State of South Dakota; Also known as: 2150 Derdall Drive.
BE IT FURTHER NOTED, that a Public Hearing on this Resolution was held on this the 8th day
of February, 2011 at 6:00 o’clock P.M. at the City Council Chambers and that all persons were
given an opportunity to be heard on the intent to lease real property.
Temporary Liquor Licenses – The Shamrock. A public hearing was held on a Temporary
Liquor License request for the Shamrock for events on 2/11, 2/16 and 2/17/2011. No public
comment. A motion was made by Reed, seconded by Kubal, to approve. All present voted
yes; motion carried.
Ad Hoc Parking Committee Recommendation. The ad hoc parking committee met
several times over the past year and conducted substantial investigation of many issues relating
City Council Packet
February 22, 2011
29
to parking. They concluded their work on January 18, 2011 with a series of five
recommendations for council review and possible action.
A motion was made by Bartley, seconded by Reed, to forward recommendations one (Remove
parking from city streets at night in the older parts of town {4th Street to 8th Street and 12th
Avenue to 16th Avenue} from November 15 to March 15 from midnight to 5:00 a.m.) and three
(Deny parking of boats, construction trailers, RVs, and large vehicles on city streets) to the
Traffic Safety Committee and request a report to the council in sixty (60) days. All present
voted yes; motion carried.
A motion was made by Reed, seconded by Kubal, to request the city manager and police chief
provide a report to the City Council during the budget process on how the part-time person is
working (i.e. revenue, tickets generated). All present voted yes; motion carried.
Adjourn. A motion was made by Thorpe, seconded by Kubal, to adjourn. All present voted
yes; motion carried. Meeting adjourned at 7:22 p.m.
CITY OF BROOKINGS
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
City Council Packet
February 22, 2011
30
CONSENT AGENDA #4
C. Action on volunteer appointment.
Mayor Tim Reed is recommending the appointment of Carol Pitts to the
Brookings Municipal Utility Board. Ms. Pitts would fill George Prest’s
vacancy. The Utility Board is an administrative body responsible for the
management and control of the electric, water, wastewater and telephone
utilities of the City of Brookings.
City Council Packet
February 22, 2011
31
CONSENT AGENDA #4
D. Action on a request from SD THETA House Corp, Inc. (c/o Dallas
Bridges) to abate real estate taxes for a portion of 2010 in the
amount of $2,830.80 for property located at E 100’ of Lot 15 & 16,
Block 2, Randi Peterson Addition, Parcel #40500-00200-015-00.
Dallas Bridges, SD THETA House Corp., Inc., has submitted a request to
abate a portion of the 2010 property taxes on the above referenced
property in the amount of $2,830.80. A copy of the application is enclosed.
The County Director of Equalization recommends approval.
City Council Packet
February 22, 2011
36
CONSENT AGENDA #4
E. Action on a request from Brookings Area Habitat for Humanity,
Inc. to abate real estate taxes for a portion of 2010 in the amount
of $1,120.02 for 13 parcels of property located in Blairhill Second
Addition.
Brookings Area Habitat for Humanity, Inc., has submitted a request to
abate a portion of the 2010 property taxes on the above referenced
property in the amount of $1,120.02. A copy of the application is enclosed.
The County Director of Equalization recommends approval.
City Council Packet
February 22, 2011
41
Open Forum
5. 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.
6. SDSU Student Senate Report.
President – Brett Monson
Vice-President – Erin Kennedy
Administrative Assistant – Kate Wegehaupt
Finance Chair – Anthony Sutton
State & Local Chair – Eric Haiar
http://studentorgs.sdstate.org/studentsassociation/Default.htm
City Council Packet
February 22, 2011
42
Contract Awards / Change Orders
7. Action on Resolution No. 24-11: Awarding contract for Landfill
Crawler Loader.
To: City Manager, Mayor and City Council
From: Todd Langland, Solid Waste Operations Supervisor
Date: February 11, 2011
RE: Crawler Loader Bids
One bid was received on February 8, 2011 from the Butler Machinery Company of
Sioux Falls in the amount of $491,876.00 plus trade-in of a 2006 Cat 973 Crawler
Loader with 10,322 hours. The budgeted amount for this purchase was $700,000.
The bid meets specifications and staff recommends acceptance of the bid.
This loader size is specific to Landfill Operations, resulting in only one bid being
received. The Crawler Loader was initially part of the 2012 CIP; however, in
accordance with the fixed asset depreciation schedule this purchase was intended to be
moved up to 2011. It was pushed back to 2012 due to concerns with the cost of the
Trench 4E 2010 construction project. The cost of the Trench 4E project came in
favorably, so it was determined to proceed with the purchase of a crawler loader in
2011. Purchasing the crawler loader in 2011 will allow the landfill to decrease
maintenance costs and beat next year’s likely price increase.
Resolution No. 24-11
Resolution Awarding Bid for Landfill Crawler Loader
Whereas, the City of Brookings held a bid letting at 1:30 p.m. on Tuesday, February 8, 2011; and
Whereas, the City of Brookings has received the following bid for one 2011Crawler Loader:
Company Bid price Trade-In Net Price
Butler Machinery Company $635,876.00 $144,000.00 $491,876.00
Now Therefore, Be it Resolved that the bid from Butler Machinery Company in the amount of
$491,876.00 plus trade-in of a 2006 Crawler Loader be accepted.
Passed and approved this 22nd day of February 2011.
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST
Shari Thornes, City Clerk
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City Council Packet
February 22, 2011
43
Contract Awards / Change Orders
8. Action on Resolution No. 17-11: Awarding contracts for Police
Vehicles.
To: City Manager, Mayor and City Council
From: Jeff Miller, Chief of Police
Date: February 9, 2011
Re: Police Car and Utility Vehicle Bids
Bids were received on February 8, 2011 for the purchase of one Police Department
Sport Utility Vehicle (SUV) and two Police Cars. These will replace current fleet vehicles
with mileage exceeding 100,000 miles.
One bid was received for the cars from Einspahr Auto, Brookings, in the amount of
$24,800 each; total cost of $49,600. The amount budgeted for this purchase was
$54,000.00, which includes the additional cost of radio and equipment installations. Staff
recommends acceptance of the bid.
Two bids were received for the SUV: Brookings Auto Mall for $29,569.45 and Einspahr
Auto Plaza for $31,500. The amount budgeted for this purchase was $32,000, which
includes the cost of radio and equipment installation. Staff recommends acceptance of
the low bid from Brookings Auto Mall, Brookings, SD, in the amount of $29,569.45.
Resolution No. 17-11
Resolution Awarding Bids on Three Police Vehicles
Whereas, the City of Brookings held a bid letting at 1:30 p.m. on Tuesday, February 8, 2011; and
Whereas, the City of Brookings received the following bids for one 2011 Police Utility Vehicle:
Brookings Auto Mall $29,569.45
Einspahr Auto Plaza $31,500.00
Whereas, the City of Brookings received the following bids for two 2011 Police Cars:
Einspahr Auto Plaza $24,800 (1) / $49,600 (2)
Now Therefore, Be It Resolved that the low bid on the 2011 Police Utility Vehicle from Brookings Auto
Mall of Brookings, in the amount of $29,569.45, and the bid on the two 2011 Police Cars from Einspahr
Auto Plaza of Brookings, in the amount of $24,800 for each of two vehicles, be accepted.
Passed and approved this 22nd day of February 2011.
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City Council Packet
February 22, 2011
44
Contract Awards / Change Orders
9. Action on Resolution No. 25-11: awarding contract for Rotary
Mower.
To: City Manager, Mayor and City Council
From: Allyn Frerichs, Parks & Recreation Director
Date: February 16, 2011
RE: Rotary Mower Bid
One bid was received on February 15th for a replacement mower as stated in the 2011
Parks Budget. A specific type of zero-turn radius machine for the regular fleet of large
12-foot mowers is normally bid. However, the manufacturer is not offering the 12-foot
mower in 2011 and is re-designing the model for 2012. Brookings Equipment was able
to find a 2010 model with 20 hours operating time and submitted a bid for that unit,
which carries a new warranty. The bid came in under the budgeted amount of
$37,500.00.
Staff recommends awarding the bid to Brookings Equipment for a 2010 Model Demo
with 20 hours operating time, for a price of $36,400. The old mower will be sold at the
city surplus auction.
Resolution No. 25-11
Resolution Awarding Bids Self-Propelled 12-foot Rotary Mower
Whereas, the City of Brookings held a bid letting at 1:30 p.m. on Tuesday, February 15, 2011; and
Whereas, the City of Brookings received the following bid for one 12-foot self-propelled Rotary Mower:
Brookings Equipment, Inc., Brookings, SD $36,400.00
Now Therefore, Be It Resolved that the bid from Brookings Equipment Inc. for a 2010 Model Demo with
20 hours operating time, in the amount of $36,400 be accepted.
Passed and approved this 22nd day of February, 2011.
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City Council Packet
February 22, 2011
45
First Readings**
10. Ordinance No. 01-11: an Ordinance to rezone the east half of
Section 2-T109N-R50W, excluding the Brookings Conservation
Easement Addition from a class Agricultural A District, Residence
R-1A and R-3 District and a Business B-2A District to a class
Residence R-1B and R-3 District and a Business B-2A and B-2
District (Prairie Hills).
Public Hearing – March 8th
**No vote is taken on the first reading of an Ordinance. The title of the
Ordinance is read and the date for the public hearing is announced.
Applicant: Prairie Hills, LLC
Proposal: Rezone about 205 acres of land for a mix of residential densities and retail
business uses
Background: The current zoning in the Prairie Hills Addition was approved in 2004.
Commercial zoning was permitted adjacent to the intersections of Main Avenue South
and 20th Street South, Medary Avenue South and 20th Street South, and Main Avenue
South and 32nd Street South. High-density residential zoning was approved between
Main Avenue South and Medary Avenue South along 20th Street South. The balance of
the land remains in the Ag District.
Specifics: The proposed mixed uses and the curvilinear design of the street system
create unusual district boundaries. The commercial zoning would extend from Main
Avenue South to Medary Avenue South and about 1,200 feet south along Main Avenue
South. Land in close proximity to the Main Avenue South/20th Street South intersection
would likely be developed with more intensive retail uses that will support the expected
Average Daily Traffic (ADT) count at this intersection. Supportive retail uses and
neighborhood service providers would be located adjacent to these uses along 20th
Street South and Main Avenue South.
The commercial district is bordered by a high-density zoned residential district that will
have mixed uses and abundant open spaces on the east side. The remaining land to the
south will be reserved for a low-density residential neighborhood.
Recommendation: The Planning Commission voted 8 yes and 0 no on an amendment to
the land use plan and voted 8 yes and 0 no to recommend approval of the amended land
use plan.
City Council Packet
February 22, 2011
46
Ordinance No. 01-11
An Ordinance to Change the Zoning Within the City of Brookings
Be it ordained by the governing body of 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:
The east half of Section 2-T109N-R50W, excluding the Brookings Conservation Easement
Addition,
be and the same is hereby rezoned and reclassified from a class Agricultural A
District, Residence R-1A and R-3 District and a Business B-2A District to a class
Residence R-1B and R-3 District and a Business B-2A and B-2 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 of Ordinance No. 25-02 of the City of Brookings, South Dakota.
Section 2. The land use classification of the property heretofore described and depicted on the
accompanying map be and the same is hereby altered and changed in accordance herewith
pursuant to said Ordinance No. 25-02 of the City of Brookings, South Dakota.
Section 3. All sections and ordinances in conflict herewith are hereby repealed.
First Reading: February 22, 2011
Second Reading and Adoption:
Published:
CITY OF BROOKINGS
______________________________
Tim Reed, Mayor
ATTEST:
_________________________
Shari Thornes, City Clerk
City Council Packet
February 22, 2011
55
Planning Commission
Brookings, South Dakota
February 1, 2011
OFFICIAL MINUTES
Chairperson Al Heuton called the regular meeting of the City Planning Commission to order
on February 1, 2011, at 7:30 PM in the Council Chamber at City Hall. Members present were
Wayne Avery, Hal Bailey, Mike Cameron, Donna DeKraai, Greg Fargen, Alan Gregg, John
Sydow, and Heuton. John Gustafson was absent. Also present were Sally Damm, John Mills,
Ryan Krogman, Mike McClemans, Patricia and Gary Barber, Andy Stremmel, Joy and Willard
Bretsch, Jim Flippin, Allyn Frerichs, Community Development Director Mike Struck, City
Engineer Jackie Lanning, City Manager Jeff Weldon, Planning and Zoning Administrator Dan
Hanson and others.
Item #4 - Prairie Hills, LLC has submitted a petition to rezone the east half of Section 2-
T109N-R50W, excluding the City of Brookings Conservation District Easement Addition, from
a class Agricultural A District, Residence R-1A and R-3 District and a Business B-2A District to
a class Residence R-1B and R-3 District and a Business B-2 District.
(Cameron/Fargen) Motion to approve the rezoning as represented on the map.
(Cameron/Bailey) Amendment to the motion to replace the proposed B-2 Business
District east of Tall Grass Parkway and north of Goldenrod Trail with a B-2A Business District.
All present voted aye. AMENDMENT CARRIED.
The motion, as amended, was voted on. All present voted aye. MOTION CARRIED.
SUMMARY OF DISCUSSION
Item #4 – John Mills, representing Prairie Hills, Inc. remarked that the proposed zoning fit with
the concept plan that was presented in December 2010.
Ryan Krogman, representing Gustafson/Krogman and Associates, recalled the 2004
rezoning established B-2 zoning only in the corners. He felt the current plan would be
detrimental to the existing residential development north of 20th Street South. He noted that
the 2004 zoning aligned both sides of 20th Street South with commercial zoning near Main
Avenue South and Medary Avenue South with residential in between. He felt the R-3 zoning
should stay. He also considered the size of the proposed commercial area to be too large.
Mike McClemans, representing Prairie Meadows, Inc. concurred with Krogman. He felt
the Vision 2020 Plan preferred commercial zoning at intersections. Since 2004, several
residential structures had been constructed north of 20th Street South. He regarded the R-3
zoning as a good buffer to the residential uses. He also felt a B-2A District could be an option.
City Council Packet
February 22, 2011
56
Patricia Lewis Barber, a resident north of 20th Street South, was in favor of a buffer
along the street. Gary Barber preferred the existing plan that was in place now. He felt the size
of the proposed commercial district was too large. Andy Stremmel, a neighbor, supported a
buffer along the street.
Joy and Willard Bretsch, residents of Whispering Pines Condominiums, thought the B-2
zoning was too intensive, but the B-2A zoning was acceptable. However, Willard Bretsch
favored residential over a fast food restaurant.
Heuton remarked that the commission needed to review the historical data, look at the
Comprehensive Plan, and compare the differences between the B-2 and B-2A District.
Hanson noted that in 2004, the rezoning proposal involved B-2 at the corners and B-2A
in between along 20th Street South. The commission eventually approved B-2 at the corners and
B-2A near Main Avenue South but required an R-3 District in between.
Mills stated that in 2004, there were no plans formulated as to how the area would be
developed. He now had a plan that involved professional offices in the northeast corner with
retail to the west. There would be several satellite stores that would surround an anchor store
such as a grocery supermarket. Some of the buildings could have mixed occupancies such as
offices on the main level and apartments above. He had received a lot of local support for the
plan once it went public in the newspaper. He felt the Main Avenue South and 20th Street South
area needed the commercial zoning that he was proposing.
The Planning Commission reviewed the uses within the B-2 and B-2A Districts and the
guidelines established in the Comprehensive Plan regarding transitional zones. Heuton felt
commercial development was important in the south part of Brookings. Buffers could also
include streets and landscaping in addition to high-density residential uses or offices. The
primary concern with the B-2 District was the range of uses currently allowed in the district.
Fargen considered the size of the commercial district to be less of a concern than looking at
options for land uses next to 20th Street South.
Mills indicated that he was sensitive to the concerns of residents in the area but noted
that the street does provide some buffer, and his landscape plan had tree plantings and grass in
several places along 20th Street South as opposed to parking lots. He added that high-density
residential could have a negative impact too depending upon how it was designed.
Cameron commented that a B-2A zone could be an option along 20th Street South. Mills
did not object but did have plans for a restaurant west of 7th Avenue South which would not be
permitted in the B-2A District. DeKraai asked how many homes existed on the north side of
20th Street South between 7th Avenue South and Main Avenue South. Hanson replied three (3)
houses and one vacant lot. Cameron felt the changes that had occurred since 2004 in the
community indicated to him that additional commercial zoning in this area would be beneficial
in reducing cross town traffic. Bailey noted that he was familiar with a development similar to
this in another community, and he felt the apartment or R-3 component actually detracted
from the plan.
City Council Packet
February 22, 2011
57
Heuton inquired if a Planned Development District (PDD) was an option. Mills
preferred not to have a PDD designation because amendments to the plan often took too long
to obtain.
Krogman and McClemans favored B-2A zoning over B-2 zoning along 20th Street South.
Gary Barber also felt B-2A zoning would be more appropriate for the residents on the north
side of the street. Jim Flippin, representing Prairie Hills, Inc. noted that a water feature had
been designed near 20th Street South just west of 7th Avenue South. This feature would be
used to enhance an outdoor dining area next to a restaurant. These features were difficult to
redesign because they connected to other areas in the development.
City Council Packet
February 22, 2011
58
Section 94-132. Business B-2 District
(a) Intent. This district is intended to provide a moderate variety of retail and personal services.
This district will include commercial uses whose retail operation and outdoor display of retail
merchandise will be compatible with residential neighborhoods. No unscreened outdoor storage
is permitted.
(b) Scope of section regulations. The regulations set forth in this section or set forth elsewhere in
this title, when referred to in this section, are the district regulations of the Business B-2 District.
(c) Permitted Uses. Permitted uses in the B-2 district are as follows:
1. All permitted uses in the B-1 central ;
2. Grocery supermarket;
3. Drive-in food service;
4. Funeral home or mortuary;
5. Gas dispensing station;
6. Automobile sales;
7. Community center.
8. Seasonal roadside stand
9. Drinking establishment
10. Telecommunications tower
(d) Permitted Special Uses. A building or premises in the B-2 district may be used for the following
purposes in conformance with the conditions prescribed in this subsection:
1. Car wash
a. The entire operation shall be within an enclosed structure.
b. Drainage shall be contained on the site.
2. Day care facility
a. A four-foot (4') high transparent fence shall be constructed between the play area and
the street.
b. An off-street pick-up and drop-off area shall be provided.
3. Mixed business/residential use
a. Provisions of Section 50.70.000, Nonconforming and Nonstandard Uses shall govern
all residential uses.
b. A site plan showing off-street parking for each use shall be submitted.
4. Citizen's drop-off for recyclables
a. Applicants shall furnish a statement guaranteeing supervision, maintenance and clean-
up of the site.
5. Brewpub
a. The area used for brewing, including bottling and kegging, shall not exceed 25% of the
total floor area of a combined restaurant and drinking establishment and 50% of the
total floor area of a drinking establishment without restaurant services.
b. A malt beverage manufacturer’s license must be obtained per state law
c. An alcohol beverage license must be obtained per city ordinance
d. The brewery shall not produce more than 1,500 barrels of beer or ale per year. A
barrel contains thirty-one (31) gallons.
(e) Conditional Uses. Conditional uses in the B-2 district are as follows:
1. Wholesale trade
2. Automobile service station
3. Repair garage
City Council Packet
February 22, 2011
59
4. Assembling and packaging
5. Freight handling
6. Manufacturing, light
7. Domestic abuse shelter
8. Apartment
9. Small animal clinic (Ord 2-96, 1/23/96)
10 Church (Ord 8-96, 5/28/96)
11. Outdoor sales
(f) Density, area, yard and height regulations. The density, area, yard and height regulations in the B-2
district shall be as follows:
Min. Min. Min. Min. Min. Max.
Lot Lot Front Side Rear Height
Density Area Width Yard Yard Yard
Sq.Ft. Sq.Ft.
Commercial Uses 15,000 100' 25' -* 20'* 45'
Other Allowable
Uses 15,000 100' 25' 7'** 20' 45'
*A forty foot (40') landscaped area shall be required between an abutting residential district boundary line and any
structure, access drive, parking lot or other accessory use.
**The sideyard will be required to be increased to ten feet (10') when the building is three (3) or more stories in
height.
(g) Accessory Uses. Accessory uses and building permitted in the B-2 District are buildings and uses
customarily incidental to any of the permitted uses in the B-2 district.
(h) Parking Regulations. Parking, loading and stacking within the B-2 District shall be in
conformance with the regulations set forth in division 4 of article VI of this chapter.
(i) Sign Regulations. Signs within the B-2 District shall be in conformance with the regulations set
forth in division 5 of article VI of this section.
(j) Other Regulations. Development within the B-2 District shall be in conformance with the
regulations set forth in article II of this chapter.
City Council Packet
February 22, 2011
60
Sec. 94-133. BUSINESS B-2A OFFICE DISTRICT
(a) Intent. This district is intended to provide for a mixture of office and other compatible and
complimentary uses. This district is intended to be located in close proximity to commercial uses
or used as a transitional zone between commercial and residential uses. An emphasis shall be
placed on landscaping and site arrangement.
(b) Scope of Regulations. The regulations set forth in this section or set forth elsewhere in this
title, when referred to in this section, are the district regulations of the Business B-2A Office
District.
(c) Permitted Uses.
1. Office
2. Personal Health Service
3. Funeral home or mortuary
(d) Permitted Special Uses. A building or premises may be used for the following purposes in
conformance with the conditions prescribed herein:
1. Broadcast station or studio
a. No broadcast towers allowed
2. Service Store or hair salon
a. Floor area shall not exceed 2,000 square feet
b. No tanning beds shall be allowed in conjunction with these uses
(e) Conditional Uses.
1. Home occupation
2. Mixed business/residential use
3. Financial institution
(f) Density, Area, Yard and Height Regulations.
The B-2A district regulations shall be as follows:
Min. Min. Min. Min. Min. Max.
Lot Lot Front Side Rear Height
Density Area Width Yard Yard Yard
Sq.Ft. Sq.Ft.
All Uses - - 25' -* 20'* 35'
*A twenty-five foot (25') landscaped area shall be required between an abutting residential district boundary line
and any structure, access drive, parking lot or other accessory use.
(g) Accessory Uses. Accessory uses and building permitted in the B-2A District are buildings and
uses customarily incidental to any of the permitted uses in the district.
(h) Parking Regulations. Parking, loading and stacking within the B-2A District shall be in
conformance with the regulations set forth in division 4 of article VI of this chapter.
(i) Sign Regulations. Signs within the B-2A District shall be in conformance with the regulations set
forth in division 5 of article VI of this chapter.
(j) Other Regulations. Development within the B-2A District shall be in conformance with the
regulations set forth in article II of this chapter.
City Council Packet
February 22, 2011
61
First Readings**
11. Ordinance No. 02-11: an Ordinance amending the subdivision
ordinance of the City of Brookings and pertaining to erosion and
the preservation of topsoil for the purposes of administration of
the subdivision ordinance.
Public Hearing – March 8th
**No vote is taken on the first reading of an Ordinance. The title of the
Ordinance is read and the date for the public hearing is announced.
Proposal: Modify erosion and topsoil requirements
Background: Landshaping and site development methods have changed over the years.
Today, entire subdivisions are graded for multiple house designs and street layouts well
in advance of construction. This often results in exposed, non-vegetated areas. In
addition, developers may strip and stockpile topsoil on their land prior to construction.
The return on this topsoil is sometimes insufficient for adequate tress and tree plantings.
Specifics: These amendments would address erosion from undeveloped subdivisions
and topsoil replacement on individual lots. The erosion regulations are aimed primarily
at wind driven dirt and dust. Topsoil replacement is critical in many areas since roots do
not grow in hardpan. Hardpan is prevalent in many developing areas so top dressing a
yard with sufficient topsoil is important for plant survival.
This information was mailed to several developers and contractors on January 7, 2011.
One response was received and distributed to the Planning Commission members at
the February meeting.
Recommendation: The Planning Commission made minor changes to the proposed
amendments and voted 8 yes and 0 no to recommend approval of the ordinance.
City Council Packet
February 22, 2011
62
Ordinance No. 02-11
An ordinance amending the subdivision ordinance of the City of Brookings and
pertaining to erosion and the preservation of topsoil for the purposes of
administration of the subdivision ordinance
Be it ordained by the governing body of the City of Brookings, South Dakota that the
Subdivision Ordinance shall be amended as follows:
Section 1.
ARTICLE I. IN GENERAL
51.5 Definitions
Hardpan: A layer of densely packed subsoil or other organic material that severely
restricts the infiltration of water
Intermediate soil: A layer of transitional soil composed of mostly topsoil down to
mostly subsoil. It may contain nutrients and organic matter and is usually sufficient to
support some root growth.
Planting basin: An area in the boulevard that extends to within 12 inches of any abutting
sidewalk, driveway or curb.
Subsoil: A layer of mostly inorganic clay or gravel, which may include hardpan, that
normally does not support vegetative growth
Topsoil: The uppermost layer of soil that has a high concentration of organic matter
from which plant roots take their nutrients. The depth can be measured from the
surface to the intermediate layer of subsoil.
ARTICLE VI. SUBDIVISION IMPROVEMENTS AND DESIGN STANDARDS
51.65 Land Design and Improvements
(9) Erosion
Wherever possible, development plans should coincide with the existing topography in order
to create the least erosion potential. Stripping of vegetation, duration of exposure, regrading,
and cut and fill operations should be kept to a minimum. If these activities occur to any degree
within a subdivision where soil is exposed to erosion, all exposed land that has existed or will
exist for a period of more than one year shall be reseeded with an appropriate perennial
protective vegetative cover that will remain until the land is developed. Erosion from
developments or individual building sites shall be prevented from being deposited on public
streets or other adjacent property. Ditches and drainageways shall not be disturbed without
prior approval of the City Engineer.
City Council Packet
February 22, 2011
63
(11) Preservation of topsoil
All boulevards shall have a uniform, minimum planting basin depth of 18 inches of top soil or a
combination of topsoil and intermediate soil at the time of final grading. In addition, all yard
areas reserved for grass and landscape plantings shall have a minimum of 12 inches of topsoil or
a combination of topsoil and intermediate soil at the time of final grading.
Section 2.
Any or all ordinances in conflict herewith are hereby repealed.
First Reading: February 22, 2011
Second Reading:
Published:
City of Brookings, SD
________________________
Tim Reed, Mayor
ATTEST:
________________________
Shari Thornes, City Clerk
City Council Packet
February 22, 2011
66
Planning Commission
Brookings, South Dakota
February 1, 2011
OFFICIAL MINUTES
Chairperson Al Heuton called the regular meeting of the City Planning Commission to
order on February 1, 2011, at 7:30 PM in the Council Chamber at City Hall. Members present
were Wayne Avery, Hal Bailey, Mike Cameron, Donna DeKraai, Greg Fargen, Alan Gregg, John
Sydow, and Heuton. John Gustafson was absent. Also present were Sally Damm, John Mills,
Ryan Krogman, Mike McClemans, Patricia and Gary Barber, Andy Stremmel, Joy and Willard
Bretsch, Jim Flippin, Allyn Frerichs, Community Development Director Mike Struck, City
Engineer Jackie Lanning, City Manager Jeff Weldon, Planning and Zoning Administrator Dan
Hanson and others.
Item #5 – The City of Brookings has submitted amendments to the Subdivision Ordinance
pertaining to erosion and preservation of topsoil.
(Cameron/Fargen) Motion to approve the amendments as presented.
(Bailey/Sydow) Amendment to the motion to insert ―or will exist‖ after the words ―has
existed‖ in Section 51.65(9). All present voted aye. AMENDMENT CARRIED.
The motion, as amended, was voted on. All present voted aye. MOTION CARRIED.
SUMMARY OF DISCUSSION
Item #5 – Allyn Frerichs, Parks Director, stated the amendments were aimed at trying to have
land restored to its original profile after development occurred. He felt insufficient amounts of
topsoil were replaced now, which made it difficult for trees and grass to grow.
Heuton asked what a standard depth was for topsoil now. Frerichs replied 12 inches
was common except for the tops of hills. Lanning noted that additional topsoil would support
stormwater drainage into the ground. Cameron asked why 18 inches was specified in
boulevards. Frerichs responded that boulevard areas are restricted already so more topsoil is
preferred.
Hanson remarked that the ordinance was sent to local developers and builders prior to
the meeting. One response had been received with a recommendation for some different
language. The commission added the language to the ordinance.
City Council Packet
February 22, 2011
67
First Readings**
12. Ordinance No. 03-11: An Ordinance amending the zoning
ordinance of the Joint Jurisdiction Area pertaining to the
SW ¼ of the SW ¼ of Section 2-T109N-R50W excluding
the south 18 acres and excluding the north 75 feet of the
south 669 feet of the west 322 feet thereof be and the same
is hereby rezoned and reclassified from a class Agricultural
A District to a class Residence R-1A District.)
Public Hearing – March 8th
**No vote is taken on the first reading of an Ordinance. The title of the
Ordinance is read and the date for the public hearing is announced.
Applicant: John and Vicki Folkerts
Proposal: Create a low-density residential district in the Joint Jurisdiction Area
Background: The southwest quarter of this section has been used primarily for horse
pastures and row crops. Five (5) rural homes have been built in the ¼ section since
1979. In general, the future land use plan is for residential uses in this area with future
commercial uses closer to Main Avenue South. The Sioux River floodplain boundary is
about ¼ miles west of Western Avenue.
Specifics: The rezoning involves 21.45 acres. The R-1A District permits about three (3)
dwelling units per acre. Surrounding land is zoned Ag except for 18 acres adjoining the
south side. This land was zoned R-1A in 1991.
The petitioner has submitted a letter outlining his reasons for the request. He also
provides details on how he would subdivide the land. However, the rezoning is the only
action that has been formally applied for.
Recommendation: The City Planning Commission and County Planning Commission
voted unanimously to recommend approval of the rezoning
City Council Packet
February 22, 2011
68
Ordinance No. 03-11
An ordinance to change the zoning within the Joint Jurisdictional Area surrounding
the City of Brookings
Be it ordained by the governing body of the City of Brookings, South Dakota,
Section 1. That the real estate situated in the Joint Jurisdictional area surrounding the City of
Brookings, County of Brookings, State of South Dakota, described as follows:
The SW ¼ of the SW ¼ of Section 2-T109N-R50W excluding the south 18
acres and excluding the north 75 feet of the south 669 feet of the west 322 feet
thereof be and the same is hereby rezoned and reclassified from a class
Agricultural A District to a class Residence R-1A District.
In accordance with Section 800 of Article VIII of Appendix C-Joint Jurisdictional Area Zoning, of
the Brookings Joint Jurisdiction Ordinance, Brookings South Dakota, as said districts are more
fully set forth and described in Articles III, IV, V and VI or Ordinance No. 14-80 Appendix C of
the City of Brookings, South Dakota.
Section 2. The land use classification change of the property heretofore described be and the
same is hereby altered and changed in accordance herewith pursuant to said Ordinance No. 14-
80 Appendix C of the City of Brookings, South Dakota.
Section 3. All sections and ordinances in conflict herewith are hereby repealed.
First Reading: February 22, 2011
Second Reading and Adoption:
Published:
City of Brookings, SD
__________________________________
Tim Reed, Mayor
ATTEST
_________________________
Shari Thornes, City Clerk
City Council Packet
February 22, 2011
74
Joint City/County Planning Commission
Brookings, South Dakota
February 1, 2011
OFFICIAL MINUTES
A joint meeting of the City Planning Commission and the County Planning Commission
was called to order by City Planning Commission Chairperson Al Heuton on February 1, 2011
at 7:00 PM in the City Council Chamber in the lower level at City Hall. City Planning
Commissioners present were Wayne Avery, Hal Bailey, Mike Cameron, Donna DeKraai, Greg
Fargen, Alan Gregg, John Sydow, and Heuton. John Gustafson was absent. County Planning
Commission members present were Duane Knutson, Darrel Kleinjan, Darrell Nelson, Bob
Rochel, and Robb Loomis. Dennis Falken, Jeff Robbins, and Randy Jensen were absent. Also
present were County Zoning Officer Bob Hill, County Zoning Office Manager Richard Haugen,
Community Development Director Mike Struck, Planning and Zoning Administrator Dan
Hanson, John and Vicki Folkerts, and others.
Item #2 – John and Vicki Folkerts have submitted a petition to rezone the SW¼ of the SW¼
of Section 2-T109N-R0W, excluding the south 18 acres and excluding the north 75 feet of the
south 669 feet of the west 322 feet thereof, from an Agricultural A District to a Residence R-
1A District.
(DeKraai/Sydow) Motion to approve the rezoning. All present voted aye. MOTION
CARRIED.
(Nelson/Kleinjan) Motion to approve the rezoning. All present voted aye. MOTION
CARRIED.
SUMMARY OF DISCUSSION
Item #2 – Knutson felt that the rezoning request was appropriate for the area. He noted that
an existing R-1A District was to the south. Fargen remarked that the proposed district allowed
about three (3) dwelling units per acre.
City Council Packet
February 22, 2011
75
JOINT JURISDICTION ORDINANCE
Section 410. Residence R-IA single family.
411. Permitted uses.
.1 Single-family dwelling.
.2 Churches and similar places of worship which may include day-care facilities with such use
confined to within the church worship and educational facilities. (Ord. 17-89, 10-10-89).
.3 Public, parochial schools of general instruction.
.4 Public libraries, museums, parks, playgrounds and similar community facilities.
.5 Governmental administration and services such as office, firehouse, police, first aid, civil
defense and like uses; however, this section shall not be interpreted to permit such uses as
warehousing, indoor and outdoor storage of vehicles, road-building equipment and supplies.
.6 Accessory uses incidental to any of the foregoing permitted uses, such as private garages,
parking lots, etc.
Uses allowed as special exceptions by the Board of Adjustment.
.1 Agriculture as a living, provided that there is no display of products other than in growth
visible from the public right-of-way.
.2 Public utility substations or pumping stations, upon a showing that such structure is essential
to serve the immediate neighborhood, that it cannot be located in any other type of district and
that it is housed in buildings that harmonize with the character of the neighborhood and has
adequate screening and landscaping and meets all other standards of this ordinance.
.3 Home occupation. (Ord. 17-89, 10-10-89)
.4 Swimming pool not operated for profit, meeting recognized construction and safety
standards and all other requirements of this ordinance.
.5 Non-municipal libraries, museums, art galleries and community centers, whether or not
operated for profit; non-commercial clubs and lodges.
.6 Hospitals provided that the health officer of the city shall first certify that in the proposed
location, such use will not have a detrimental effect on the health of the surrounding
neighborhood and further provided that a nurse's home as an accessory use is permitted only
on the same lot as the hospital.
City Council Packet
February 22, 2011
76
.7 Removable roadside stands for the sale of farm products produced on the premises,
provided however, that any such stand shall be situated not less than forty (40) feet from the
street right-of-way line or lot line and shall have adequate parking spaces, and in no event, less
than four (4) parking spaces. Such stands shall be removed during seasons when products are
not being offered for sale.
.8 Accessory uses incidental to any of the foregoing special exceptions.
.9 Private stables shall be established on lots with a minimum area of one and one-half acres.
Three-quarters of one acre of land shall be provided for each horse located thereon. No
pasture shall be located within the required front yard setback and no horse shall be allowed to
be kept or corralled within 100 feet of any building used for human habitation other than by the
owner of such animal. No fencing shall be made of barbwire or connected to an electrical
current.
Area regulations.
.1 Lot area and width. A lot area of not less than fifteen thousand (15,000) square feet per family
shall be provided for every building hereafter erected or used in whole or in part as a dwelling.
Each lot shall have a building frontage of not less than one hundred (100) feet.
.2 Front yard. There shall be a front yard on each street on which the lot abuts, which yard shall
be not less than forty (40) feet in depth.
.3. Side yard. There shall be two (2) side yards on each lot neither of which shall be less than
fifteen (15) feet in depth.
.4 Rear yard. There shall be a rear yard on each lot, which yard shall not be less than thirty (30)
feet.
Supplementary regulations. See regulations prescribed in Article VII, Sections 700, 720, 730 and
740.
City Council Packet
February 22, 2011
77
Second Readings / Public Hearings
13. Public hearing and action on a Temporary Liquor License
requests for the Swiftel Center for events on 3/1, 3/5, 3/12, 3/17,
3/19, 3/20, and 3/29/2011.
The Swiftel Center has applied for a temporary liquor licenses for the
following special events:
3/1 – Nelly concert
3/5 – Whitetails Unlimited banquet
3/12 – Wedding Reception
3/17 – SDSU Nursing Banquet
3/19 – Dance
3/20 – Concert
3/29 – Chamber Banquet
Pursuant to recent changes in state law, all temporary alcohol licenses must
not be approved by the City Council through use of a public hearing. All
documents have been filed with the City pertaining to insurance and other
licensing requirements.
Notice of Public Hearing
On Application for Temporary Liquor Licenses
NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of Brookings,
South Dakota, on February 22, 2011, at 6:00 p.m. in the City Council Chambers, 311 Third
Avenue, City of Brookings, will meet in regular session to consider Temporary Liquor Licenses
for the Swiftel Center, 824 32nd Ave., on the following dates: 3/1, 3/5, 3/12, 3/17, 3/19, 3/20,
and 3/29/2011. NOTICE IS FURTHER GIVEN that any person, persons of the attorney, may
appear and be heard at said scheduled public hearing who are interested in the approval or
rejection of any such application. Dated at Brookings, South Dakota, this 9th day of February,
2011.
Shari Thornes, City Clerk
City Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City Council Packet
February 22, 2011
78
Second Readings / Public Hearings
14. Public hearing and action on a Temporary Liquor License request
for The Shamrock for an event on 2/24/2011.
The Shamrock has applied for a temporary liquor licenses for an event on
2/24/2011 (County Dance). Pursuant to recent changes in state law, all
temporary alcohol licenses must not be approved by the City Council
through use of a public hearing. All documents have been filed with the
City pertaining to insurance and other licensing requirements.
Notice of Public Hearing
On Application for Temporary Liquor Licenses
NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of Brookings,
South Dakota, on February 22, 2011, at 6:00 p.m. in the City Council Chambers, 311 Third
Avenue, City of Brookings, will meet in regular session to consider a Temporary Liquor License
for The Shamrock, 1104 22nd Avenue South for a dance on Feb. 24, 2011. NOTICE IS
FURTHER GIVEN that any person, persons of the attorney, may appear and be heard at said
scheduled public hearing who are interested in the approval or rejection of any such
application. Dated at Brookings, South Dakota, this 8th day of February, 2011.
Shari Thornes, City Clerk
City Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City Council Packet
February 22, 2011
79
Second Readings / Public Hearings
15. Action on Resolution No. 23-11, a Resolution of Intent to Lease
Real Property to Private Entity - Lot 15, Block 12, East Acres
Second Addition, also known as 368 22nd Avenue, to John and
Cindy Williams.
To: Mayor and City Council Members
Jeff Weldon, City Manager
From: Mike Struck, Community Development Director
Re: Intent to Lease Real Property
The City is proposing a lease for the City-owned rental house located at 368 22nd
Avenue. Since this lease is in excess of $500 and 120 days, the City Council is required
to hold a public hearing to adopt a resolution of intent to lease real property to a
private person, which is referenced in the following SDCL excerpts:
9-12-5.2. Powers - Lease to private person - Resolution - Notice - Hearing -
Authorization.
If the governing body decides to lease any municipally owned property to any private
person for a term exceeding one hundred twenty days and for an amount exceeding five
hundred dollars annual value it shall adopt a resolution of intent to enter into such lease
and fix a time and place for public hearing on the adoption of the resolution. Notice of
the hearing shall be published in the official newspaper once, at least ten days prior to
the hearing. Following the hearing the governing body may proceed to authorize the
lease upon the terms and conditions it determines.
The lease with John and Cindy Williams will be in the amount of $800.00 per month for
a twelve month lease. The Notice of Public Hearing was advertised one time ten days
prior to the hearing as required. This resolution will allow the City to enter into a
twelve month lease agreement with John and Cindy Williams for the rental house
located at 368 22nd Avenue.
Staff Recommendation: Approve
City Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City Council Packet
February 22, 2011
80
Resolution No. 23-11
Resolution of Intent to Lease Real Property to Private Entity
Be It Resolved by the governing body of the City of Brookings, South Dakota that the City of
Brookings intends to enter into a Lease with John and Cindy Williams, for a period of one year
and pertaining to the following described property:
Lot Fifteen (15) in Block Twelve (12) of East Acres Second Addition to the City of
Brookings, County of Brookings, State of South Dakota;
Also known as: 368 22nd Avenue
BE IT FURTHER NOTED, that a Public Hearing on this Resolution was held on this the 22nd day
of February, 2011 at 6:00 o’clock P.M. at the City Council Chambers and that all persons were
given an opportunity to be heard on the intent to lease real property.
Passed and approved this the 22nd day of February, 2011.
CITY OF BROOKINGS, SD
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City Council Packet
February 22, 2011
81
LEASE AGREEMENT
THIS LEASE AGREEMENT (hereafter the ―Agreement‖) is made and entered into this the 1st
day of March, 2011, by and between the City of Brookings, South Dakota, Inc., a South Dakota
Municipal Corporation, (hereinafter referred to as ―Lessor‖) and John and Cindy Williams,
(hereinafter referred to as ―Tenants‖), for the rental of the dwelling located at 368-22nd Avenue
South, Brookings, South Dakota 57006.
WITNESSETH:
FOR AND IN CONSIDERATION of the mutual covenants, promises and conditions set forth
and contained herein, the parties to this Lease Agreement covenant and agree as follows:
1. EFFECTIVE DATE
This Lease Agreement shall be effective upon execution by both parties hereto.
2. DESCRIPTION OF THE PROPERTY TO BE LEASED
It is understood and agreed, subject to the terms and conditions set forth in this Agreement,
that Lessor hereby agrees to lease to Tenants, and Tenants hereby agree to lease from Lessor,
for the amounts and according to the terms provided in this Agreement, the property located
at 368-22nd Avenue South, Brookings, South Dakota 57006.
3. TERMS OF LEASE/OCCUPANCY
Lessor and Tenants agree to lease this dwelling for a term beginning March 1, 2011 until
February 28, 2012. This Lease will automatically renew monthly unless terminated by Lessor or
Tenants. If either Tenants or Lessor desires to terminate this Lease following the initial term,
then either party shall give the other party thirty (30) days notice of termination.
4. LEASE PAYMENTS/LATE RENTAL PAYMENT AND RETURNED CHECKS
Tenants agree to pay Lessor on or before the first (1st) day of each month, a monthly rental
payment of Eight Hundred and no/100 ($800.00) Dollars, payable at City Hall, P.O. Box 270,
Brookings, South Dakota 57006.
Rent that is paid after the 15th of the month is subject to a late charge of Fifty Dollars ($50.00)
which shall be paid with the rent payment which is late. Lessor shall not be obligated to accept
late payments and may pursue eviction proceedings in the event rent is not paid when due. If
any of Tenant’s checks are returned for insufficient funds, Tenants shall pay Lessor a bad check
charge of Thirty Dollars ($30.00) payable immediately upon notification of the bad check.
5. MAINTENANCE AND REPAIR
City Council Packet
February 22, 2011
82
Lessor shall maintain the exterior of the residence, including the roof. Tenants shall maintain
the driveway, sidewalk and lawn, to include snow removal and mowing as needed. The tenants
will maintain the condition of the interior of the residence, except for ordinary wear and tear;
and will promptly replace and repair all breakage or damage caused by Tenants with material of
the same quality. Prior to completing any repairs, Tenants shall obtain permission from Lessor.
Tenants will not make any structural alterations or additions to the residence without the
written consent of Lessor.
6. UTILITIES
During Tenants’ occupancy, Tenants agree to timely pay all of the utilities. Lessor shall have no
obligation to pay utilities under this Lease Agreement. All utility accounts shall be in the name
of the tenants.
7. INSURANCE
The Lessor shall maintain fire and casualty insurance for the residence. The Tenants shall
insure their own personal property to the extent they desire.
8. FIRE OR CASUALTY
In the event the leased premises are wholly or partially destroyed by fire or other casualty
covered by the usual form of fire and extended casualty insurance which renders the premises
untenantable, this Lease shall terminate. In the event of lease termination due to destruction of
the residence, rent shall abate and the unearned portion shall be refunded.
9. USE OF PREMISES
The property described above is leased to the Tenants for the sole purpose of residential living.
Tenants agree to comply with all applicable laws, ordinances and regulations in connection with
their use of the leased premises.
10. SUBLEASE
The premises may not be subleased without written consent of the Lessor; and shall not be
used for any purpose other than a dwelling for the Tenants named herein.
11. LESSOR’S ACCESS
Lessor and its agents shall have the right to enter the rented premises at reasonable times upon
twenty-four (24) hours notice to inspect the premises; to insure maintenance, and to repair any
damage to the premises.
12. APPLIANCES
City Council Packet
February 22, 2011
83
The following appliances are owned by the Lessor and provided with leased property at the
time of the lease being executed: range, refrigerator, dishwasher and two (2) garage door
openers. However, because Lessor has no control over the use of said appliances by Tenants,
any mechanical repairs or replacements are the responsibility of the Tenants. In the event the
Tenants replace any appliances, said appliances are the personal property of the Tenants and
shall be removed from the premises upon the Tenants vacating the premises.
13. PETS
Small dogs, not to exceed twenty-five (25) pounds, may be allowed on or in the premises
subject to proper house training.
14. DEPOSIT
Tenants shall remit to Lessor a deposit of Eight Hundred ($800) Dollars as a damage deposit
and lease agreement security. Lessor shall retain as non-refundable a deposit of One Hundred
($100) Dollars for cleaning and carpet maintenance.
15. SMOKING
Smoking is not allowed in the premises including the garage.
16. INJURY AND LOSS
Lessor shall not be responsible or liable for any loss, theft or damage to property or injury to
or death of Tenants or any person on or about the leased premises, and Tenants agree to
indemnify, defend and hold Lessor harmless therefrom.
17. SURRENDER
At the expiration of said term or any renewal thereof, Tenants shall quit and surrender the
premises hereby leased in as good a state and condition as reasonable use and wear thereof will
permit. Any holding over by Tenants shall not operate, except by written agreement, to
extend or renew this Lease, and no tenancy of any duration shall be created thereby.
18. WAIVER
The consent of the Lessor in any instance to any variation of the terms of this Lease, or the
receipt of rent with knowledge of any breach, shall not be deemed to be a waiver as to any
breach of any covenant or condition herein contained, nor shall any waiver be claimed as to any
provision of this Lease unless the same be in writing, signed by the Lessor or Lessor’s Agent.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement and by their
execution each acknowledge receipt of one original copy and further acknowledge that this
Agreement is binding upon themselves, their heirs, next of kin and personal representatives.
City Council Packet
February 22, 2011
84
Date: , 2011 CITY OF BROOKINGS, SOUTH DAKOTA,
Lessor
ATTEST: By:
Jeffrey W. Weldon, City
Manager
Shari Thornes, City Clerk TENANTS:
Dated: , 2011
City Council Packet
February 22, 2011
85
Other Business
16. TABLED ITEM: Action on a request from Rosewood Mobile
Home Park to abate real estate taxes for a portion of 2010 in the
amount of $1,373.00 for property located at 930 W. Hwy 14, N
225’ of OLD of S ½ N ½ SE ¼ 22-110-50, Parcel #40960-11050-
224-40.
The City Council tabled from a previous council meeting consideration of a
property tax abatement request from Rosewood Mobile Home Court for a
period of months the owner indicates the property did not produce any
income due to flooding. County Equalization Director Joyce Dragseth will
be at the Council meeting to address any questions raised regarding this
request.
Typically, property abatements are granted when its status changes from
taxable to tax exempt, or its classification changes to a less intense use thus
allowing a lower taxable value and a corresponding taxable amount. The
County has this property assessed based on the income approach as it is
income-producing property as a business renting residential sites. What’s
more, flooding is a legitimate reason for an abatement pursuant to state
law.
However, the question that arises is one of policy and the extent to which
property rendered temporarily unable to produce income should have its
taxes abated. The property, as an asset, remains. This decision could have
precedent-setting consequences. To what degree does a homeowner who
experiences water seepage in their basement due to overland flooding be
eligible for tax abatement?
Perhaps the larger consideration is that Rosewood Mobile Home court is
located in the floodplain. As such, any property in a floodplain should
reasonably expect to experience flooding at some point. Anyone owning
property in a floodplain, much less an income-producing business, assumes
an inherent risk of experiencing flooding.
City Manager Recommendation
Action: Motion to remove from table, Request Public Comment, Roll Call
City Council Packet
February 22, 2011
90
Other Business
17. Brookings Municipal Utilities Financial Report
Pursuant to City Council request, representatives of the Brookings
Municipal Utilities will be present to provide the City Council and public
with an overview of financial and activity operations of the municipal
utilities systems. Financial reports will be provided on a quarterly basis.
Action: Informational
City Council Packet
February 22, 2011
91
Executive Session
18. Executive Session for purpose of discussing marketing or pricing
strategies by a board or commission of a business owned by the
state or any of its political subdivisions, where public discussions
would be harmful to the competitive position of the business.
SDCL 1-25-2. Executive or closed meetings.
Executive or closed meetings may be held for the sole purpose of:
1. Discussing the qualifications, competence, performance, character or fitness
of any public officer or employee or prospective public officer or employee.
The term ―employee‖ does not include any independent contractors;
2. Discussing the expulsion, suspension, discipline, assignment of or the
educational program of a student;
3. Consulting with legal counsel or reviewing communications from legal
counsel about proposed or pending litigation or contractual matters;
4. Discussing marketing or pricing strategies by a board or commission of a
business owned by the state or any of its political subdivisions, where public
discussions would be harmful to the competitive position of the business.
However, any official action concerning such matters shall be made at an open official
meeting. An executive or closed meeting shall be held only upon a majority vote of the
members of such body present and voting, and discussion during the closed meeting is
restricted to the purpose specified in the closure motion. Nothing in 1-25-1 or this
section may be construed to prevent an executive or closed meeting if the federal or
state Constitution or the federal or state statutes require or permit it. A violation of
this section is a Class 2 misdemeanor.
Action: Motion to enter executive session – voice vote
Motion to leave executive session – voice vote
City Council Packet
February 22, 2011
92
19. Adjourn.