HomeMy WebLinkAbout2011_03_08 CC PKT1
Brookings City Council
Tuesday, March 8, 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. Board of Equalization briefing.
2. Update on city’s response plan for flooding.
3. Draft process and schedule for possible issuance of new liquor operating agreements.
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 and obligations.
*Any Council member may request discussion of any issue at a future meeting only. Items cannot be added for action at
this meeting. A motion and second is required 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 minutes.
C. Action to schedule a special city council meeting on April 7, 2011.
D. Action to schedule a special city council meeting on March 23, 2011.
E. Action on Resolution No. 26-11, a Resolution for transient merchant license fee.
F. Action on Resolution No. 28-11, a Resolution in Support of Industrial Park Grant
Program Application.
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.
Open Forum/Presentations/Reports
5. Open Forum.
6. SDSU Student Senate Report.
BRING YOUR DREAMS.
2
Contract Awards / Change Orders
7. Action on Resolution No. 29-11, Authorizing Change Order No. 1 (Final) for 2008-
09STI, Valley View Phase I Asphalt Surfacing Project, Bowes Construction, Inc.
Action: Motion to Approve, Request Public Comment, Roll Call
8. Action on Resolution No. 30-11, Authorizing Change Order No. 2 (Final) for 2009-
09STI, Valley View Phase II Asphalt Surfacing Project, Bowes Construction, Inc.
Action: Motion to Approve, Request Public Comment, Roll Call
First Readings**
9. Ordinance No. 04-11: An Ordinance Creating a Sustainability Council for the City of
Brookings, South Dakota.
Public Hearing: March 22nd
**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
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).
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
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.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
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).
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
13. Public hearing and action on Temporary Liquor License request for The Shamrock for
St. Patrick’s Day on March 17th.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
14. Action on Resolution No. 31-11, a Resolution Amending the City of Brookings Vision
2020 Comprehensive Plan.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
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Other Business
15. Presentation of City of Brookings Annual Financial Report.
Action: Informational
16. Discussion and possible action on Resolution No. 32-11, amending the building permit
fee for roofing and siding on existing structures.
Action: Motion to Approve, Request Public Comment, Roll Call
17. Citizen presentation on the proposed SDSU Northwest Quadrant Project.
Action: Informational
18. 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
March 8, 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. Board of Equalization Briefing
Joyce Dragseth, Brookings County Director of Equalization, will brief the
City Council regarding this year’s appeal and hearing process.
The County Equalization Office mailed property valuation cards to city
residents on March 1. Deadline for property owners to file an appeal on
property valuations is March 17 in the City Clerk’s Office.
State law mandates the composition of the Local Board of Equalization,
which must consist of a minimum of four City Council members and one
School Board member. Appeal hearings will be conducted during the
week of March 21-25 in Brookings City Hall.
Enclosures:
2011 Appeal Process Guide for the Property Owner
2011 Appeal Process Guide for Local BOE Members
Estimate Time: 15 Minutes
2011
APPEAL PROCESS GUIDE
FOR THE PROPERTY OWNER
IMPORTANT DATES TO KNOW
2011 APPEAL PROCESS TIME FRAME
March 1 - assessment notices must be mailed
March 15 - last day to file for owner-occupied status with Director of Equalization
Local Board of Equalization
March 17 - last day to mail or file1 written appeal with clerk of local board
March 21 - local board begins
March 25 - local board ends
April 1 - last day to receive written notice of local board's decision
County Board of Equalization
April 5 - last day to mail or file1 written appeal with county auditor
April 12 - county board begins
May 3 - county board ends
May 6 - last day to receive written notice of county board's decision
Consolidated Board of Equalization
April 5 - last day to mail or file1 written appeal with county auditor
April 12 - consolidated board begins
May 3 - consolidated board ends
May 6 - last day to receive written notice of consolidated board’s decision
Office of Hearing Examiners
May 20 - last day to mail or file1 a written appeal with:
Chief Administrative Hearing Officer
523 E. Capitol Ave
Pierre, SD 57501
Circuit Court
Appealing from County Board - you must appeal within 30 days after notice has been served of the decision.
Appealing from Office of Hearing Examiners - you must appeal within 30 days after notice of the decision.
1 Use of the term "file" means in the hands of the official with whom it is to be filed. Postmarked by deadline is considered
timely mailing.
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NOTICE TO BOARDS OF EQUALIZATION and PROPERTY OWNERS
PRODUCTIVITY VALUATION FOR 2011 ASSESSMENTS
Beginning with the 2010 property valuations, all agricultural land is to be assessed using the productivity
valuation method.
Information concerning this valuation process and the data used to establish the values is available from your
Director of Equalization and at the Department of Revenue and Regulation web site at:
http://www.state.sd.us/drr2/propspectax/property/productivity.htm
It is important to remember that a property is to be valued fairly and uniformly. A property cannot be assessed
higher than actual market value and cannot be assessed higher than other comparable properties. It is also
important to remember that the productivity valuation system is being phased in over the next several years.
If anyone has questions on this, please contact your local Director of Equalization or the Department of Revenue
and Regulation.
BASIC ASSESSMENT INFORMATION
In South Dakota, it is the assessor's responsibility to assign your property a value for tax purposes. For agricultural land,
that value is based on the productivity value. For all other property, that value is equal to the amount for which it would
sell on the open market. These values are sometimes called the "true and full value." Assessors determine the market
value of property by using a combination of the following three approaches:
Cost approach - the assessor estimates the cost of replacing the property (structures), reduces that amount by its age
(depreciation), and adds the value of the land.
Market approach - the assessor compares the subject property to like properties that have recently been sold.
Income approach - the assessor uses the value of the projected income from like properties to determine value.
The assessor also classifies property as agricultural or non-agricultural. The assessor makes this determination by
considering the amount of the owner's income derived from agriculture, the property's primary use and the property’s
size. After determining the market value and the classification of a parcel of property, the assessor sends a notice to the
property owner. This assessment notice is to be mailed by March 1 of every year.
Owner-occupied single family dwelling - This designates that the property is to receive a lower levy for school general
fund tax purposes. To be eligible, the property owner must have filed an "Owner-Occupied Certificate" by March 15,
2011. (Any property previously designated as owner-occupied would remain so, unless it sold or had a change in use.)
You may appeal your property's owner-occupied status. This appeal is made directly to the County Board of
Equalization. In your appeal you must state that you meet the qualifications which are:
(1) You owned the property on November 1, 2010.
(2) You occupied the property on November 1, 2010.
(3) This is the only property you own that would receive the owner-occupied status.
(4) That the property is your principal place of residence
(5) You filed the certificate by March 15, 2011.
You may also appeal the taxable/exempt status of your property. This type of appeal is made directly to the County Board
of Equalization.
Decisions of County Board of Equalization may be appealed in the same manner as other decisions.
PROPERTY OWNER'S RIGHTS AND DUTIES
As the owner of real property in South Dakota, you have the right to ensure your property is being assessed at no more
than market value and also assessed equitably in relationship to other properties. Any lessee responsible for payment of
taxes pursuant to the provisions of a lease shall be considered the taxpayer and may also appeal the valuation,
classification, taxable status of the property. When you receive your assessment notice, it is your duty to review the
notice to ensure the property is listed correctly. Also you need to check the assessed value. Ask yourself "If I sold this
property, is this the amount I would expect to receive?" If it is higher than what you think you could sell it for, first talk to
your county director of equalization. He/she can explain how the values were determined and show you sales of like
properties that he/she used in determining your value. If you still disagree with the assessment on your property, your first
step in the appeal process is to the local board of equalization. Your appeal must be for the total value of the property. An
appeal on just the structure value or just the land value will be considered an appeal of the entire property.
Mobile home owners - the same appeal process is used for registered mobile homes, however you are required to pay
your current year taxes in a timely manner pending the outcome of the appeal. For any tax relief, the taxes would need to
be paid under protest and file lawsuit for refund within 30 days of payment.
NOTE: The following people do not have to appeal to the local board before going to county board:
Non-residents - A property owner is considered a non-resident if the person resides outside the local board jurisdiction. A
non-resident does not have to appeal to the local board before appealing to county board, but may do so if desired.
Unorganized township property owners - as there is no local board for unorganized townships, these property owners
appeal directly to the county board of equalization.
LOCAL BOARD
The first step in the appeal process is to the local board of equalization. The local boards consist of the township board of
supervisors or the governing board of the municipality, and a member of the school board. The board's primary function is
to determine that all taxable properties have been placed on the assessment roll and that a reasonable degree of
equalization exists among these properties. The board, however, may only equalize assessments between individual
properties. It may not change the level of assessment between entire classes of property, such as agricultural and
non-agricultural.
To appeal to the local board, you must notify the clerk in writing of the local board, stating you wish to appeal the
assessment of your property. The clerk must receive your notification by March 17, 2011. Postmarked by this date is
considered timely. You should state the legal description of the property you are appealing and a brief explanation of why
you are appealing, such as "property is higher than market value".
Your local board clerk will notify you when your appeal will be heard by the local board. During this hearing, the form
PT17 must be completed. If you appear at the hearing, the clerk will help you complete the form. Your explanation of your
appeal may be in person or in writing. It should state the reason you are appealing your assessment. You must also have
evidence to prove your point. Just stating the value is too high is not enough. Suggested points are sales of properties
you believe are similar to your property. Also assessments of properties similar to yours are useful. Point out how the
properties are comparable to your property.
The local board must notify you in writing of the decision by Aril 1, 2011.
COUNTY BOARD
If you disagree with the decision of the local board, you may appeal to the county board. This board is composed
exclusively of county commissioners. The county board's primary functions are to hear appeals from property owners in
unorganized territories and appeals from local board decisions, and to see that all classes of property are equalized.
To appeal to the county board, you must write a letter to the county board, stating you wish to appeal the assessment of
your property. The written appeal must be mailed to or received by the county auditor by April 5, 2011. Postmarked by
this date is considered timely mailing. Your letter should state your name, the legal description of your property and a
brief explanation of why you are appealing the valuation.
The county board will notify you when your appeal will be heard. The county board must notify you of the decision by May
6, 2011.
CONSOLIDATED BOARD OF EQUALIZATION
If your property is in a jurisdiction that has chosen to consolidate the local and county board of equalization, your first step
of the appeal process is to appeal to the Consolidated Board of Equalization. Look on your assessment notice to see if
this applies to your property. This board is composed of the county commissioners and members from the local board of
equalization, which may include township supervisors or city commissioners, and school board members.
To appeal to the consolidated board of equalization, you must write a letter to the consolidated board, c/o the county
auditor, stating you wish to appeal the assessment of your property. The written appeal must be mailed to or received by
the county auditor by April 5, 2011. Postmarked by this date is considered timely mailing. Your letter should state your
name, the legal description of your property and a brief explanation of why you are appealing the valuation.
The consolidated board will notify you when your appeal will be heard. The consolidated board must notify you of the
decision by May 6, 2011.
OFFICE OF HEARING EXAMINERS
If you disagree with the county or consolidated board's decision, you may appeal to the Office of Hearing Examiners
(OHE). The Office of Hearing Examiners is a central panel of administrative law judges who hear appeals within state
government. You may also appeal directly from the county board to the circuit court. You may not, however, appeal to the
OHE and the circuit court simultaneously.
To appeal to the OHE, you must write a letter to the chief administrative law judge. This letter must be mailed or received
by May 20, 2011. If you appeal to OHE, you will receive additional information from that office on how and when the
hearing of your appeal will be conducted.
CIRCUIT COURT
If you disagree with the decision of the OHE, you have the right to appeal to the circuit court. You may also take your
appeal directly from the county board of equalization to the circuit court, bypassing the OHE. Please remember, you
cannot appeal to the OHE and Circuit Court simultaneously.
APPEAL TO CIRCUIT COURT FROM COUNTY OR CONSOLIDATED BOARD OF EQUALIZATION - An appeal to
circuit court from the county board of equalization or consolidated board of equalization shall be filed within thirty days of
the published notice as required by SDCL 10-11-26.1 or the written notice that has been served of the decision by the
county board of equalization.
APPEAL TO CIRCUIT COURT FROM OHE - To appeal to circuit court, you must do so within 30 days after receiving
notice of the decision from OHE.
2011
APPEAL PROCESS GUIDE
FOR LOCAL AND COUNTY
AND CONSOLIDATED
BOARD OF EQUALIZATION MEMBERS
NOTICE TO BOARDS OF EQUALIZATION and PROPERTY OWNERS
PRODUCTIVITY VALUATION FOR 2011 ASSESSMENTS
All agricultural land is to be assessed using the productivity valuation method.
Information concerning this valuation process and the data used to establish the values is
available from your Director of Equalization and at the Department of Revenue and Regulation
web site at:
http://www.state.sd.us/drr2/propspectax/property/productivity.htm
It is important to remember that a property is to be valued fairly and uniformly. A property cannot
be assessed higher than actual market value and cannot be assessed higher than other
comparable properties. It is also important to remember that the productivity valuation system is
being phased in over the next several years.
If anyone has questions on this, please contact your local Director of Equalization or the
Department of Revenue and Regulation.
LOCAL BOARDS OF EQUALIZATION
ALL BOARD MINUTES SHALL BE TRANSMITTED TO THE DEPARTMENT OF REVENUE. THE
SECRETARY OF REVENUE HAS THE POWER TO REVIEW AND INVALIDATE ANY ACTIONS FOR
WHICH THERE IS NO LEGISLATIVE AUTHORITY.
PLEASE NOTE: Appeal to the local board must be perfected by mailing or by filing a
written notice of appeal with the clerk of the local board. Filing means “in the hands” of
the clerk. Postmarked by the deadline is considered timely mailing.
Any lessee responsible for payment of taxes pursuant to the provisions of a lease shall be
considered the taxpayer and may also appeal the valuation, classification, and taxable
status of the property.
COMPOSITION
The local board of equalization consists of the board of supervisors of each township or the governing
body of each incorporated municipality, together with a member of the school board or school boards
whose district comprises all or a part of the township or municipality.
TIME AND PLACE OF MEETING
The local board of equalization shall begin meeting on the third Monday of March and adjourn no later
than the following Friday. The meeting shall be at the office of the clerk or finance officer of the township
or municipality.
DUTIES
The township clerk or municipal finance officer acts as the clerk of the local board of equalization. It is
his/her responsibility to keep an accurate record of all changes made in assessments as well as a record
of the proceedings. The clerk must note all appeals in the board minutes and on the form PT 17.
The local board of equalization has the duty to hear and decide appeals within the five days. A written
decision must be sent within seven days after adjournment. Any appeals not resolved by the local
board are considered as no change.
It is the clerk's responsibility to help property owners complete the form PT 17. If a quorum is not present,
the clerk has the authority to adjourn the meeting and announce the time of the next meeting.
It is the duty of the board to certify the accuracy of the assessment roll and deliver it to the director of
equalization on or before the fourth Monday in March, along with a copy of the minutes and all
completed PT 17 forms. The board is to review all properties to ensure there is equalization of the
assessments and that all property is listed.
Prior to adding omitted property or increasing an assessment on property, the board must notify the
property owner of the proposed addition or increase and the time and place of the board meeting at which
the addition or increase will be considered. The board must give a property owner an opportunity to
appear before the board or submit written documentation concerning the addition or increase.
The local board of equalization does not have the authority to hear appeals on owner-occupied status.
They may inform the Director of Equalization of errors in owner-occupied status.
The local board does not have the authority to correct or change the level of assessment of property
types.
BEFORE A VALUE CAN BE INCREASED - notice has to be given to the property owner to allow him/her
a chance to appear before the board to discuss the change.
BEFORE A PROPERTY CAN BE ADDED TO THE ASSESSMENT ROLL - notice has to be given to the
property owner to allow him/her a chance to appear before the board to discuss the addition.
The director of equalization has the right to appeal any decision of the local board to the county board. If
the director does appeal a decision, it is his/her responsibility to notify the property owner, local board and
county auditor by submitting the PT 16 by April 19, 2011.
It is the duty of the board to take action on each appeal. The board's action must be included in the
minutes. The board has the authority to equalize assessments between individual parcels of property, but
does not have the authority to change the level of assessment between classes of property.
Local boards must complete their work within five days. School board members may vote only on the
appeals involving property located within their respective district.
Local boards must notify each appellant of the decision affecting his/her property in writing within seven
days after the adjournment of the local board of equalization (April 1, 2011).
MARCH 28, 2011 - clerk of local board SHALL return to the assessor the assessment roll and the
complete record of the proceedings.
COUNTY BOARD OF EQUALIZATION
ALL BOARD MINUTES SHALL BE TRANSMITTED TO THE DEPARTMENT OF REVENUE. THE
SECRETARY OF REVENUE HAS THE POWER TO REVIEW AND INVALID ANY ACTIONS FOR
WHICH THERE IS NO LEGISLATIVE AUTHORITY.
PLEASE NOTE: Appeal to the county board must be perfected by mailing or by filing a
written notice of appeal with the clerk of the county board. Filing means “in the
hands” of the clerk. Postmarked by the deadline is considered timely mailing.
Any lessee responsible for payment of taxes pursuant to the provisions of a lease shall be
considered the taxpayer and may also appeal the valuation, classification, and taxable
status of the property.
COMPOSITION
The county board of equalization consists of the county commissioners. The county auditor acts as the
clerk of the county board. The county auditor's responsibilities are the same as those described for the
clerk of the local boards.
TIME AND PLACE OF MEETING
The county board of equalization begins meeting on the second Tuesday in April and must complete its
work no later than three weeks after the second Tuesday in April. The county board meets at the county
courthouse.
DUTIES
The county board of equalization has all the power, authority and duties of a local board of equalization in
all unorganized territories. A county board of equalization may:
(1) Correct clerical errors of the assessment roll;
(2) Hear appeals from individuals regarding aggregate assessments, classification and
equalization;
(3) Equalize between taxing districts and between classes of property. The board shall raise or
lower, if necessary, each class of property on a percentage basis covering the class as a
whole within the assessment district;
(4) Hear appeals of owner-occupied status.
The county board DOES NOT HAVE THE AUTHORITY to raise or lower the assessment of an individual
parcel of property if it would cause the county board to reassess all property within the taxing district.
The county board DOES HAVE THE DUTY to ensure all property is listed on the assessment roll.
BEFORE A VALUE CAN BE INCREASED - notice has to be given to the property owner to allow him/her
a chance to appear before the board to discuss the change.
BEFORE A PROPERTY CAN BE ADDED TO THE ASSESSMENT ROLL - notice has to be given to the
property owner to allow him/her a chance to appear before the board to discuss the addition.
The county board of equalization shall give written notice of its decision to be postmarked on or before
the Friday following its adjournment to each person owning property on which action was taken and to the
clerk of the affected local board of equalization. (May 6, 2011)
CONSOLIDATED BOARD OF EQUALIZATION
ALL BOARD MINUTES WILL BE REVIEWED BY THE DEPARTMENT OF REVENUE. THE
SECRETARY OF REVENUE HAS THE POWER TO REVIEW AND INVALID ANY ACTIONS FOR
WHICH THERE IS NO LEGISLATIVE AUTHORITY.
PLEASE NOTE: Appeal to the consolidated board must be perfected by mailing or by filing
a written notice of appeal with the clerk of the local board. Filing means “in the hands” of
the clerk. Postmarked by the deadline is considered timely mailing.
Any lessee responsible for payment of taxes pursuant to the provisions of a lease shall be
considered the taxpayer and may also appeal the valuation, classification, and taxable
status of the property.
Any county, municipality, school, and township may agree by resolution to consolidate the local board of
equalization with the county board of equalization no later than the second Tuesday of November. The
resolution shall state the number of members from each governing board that will sit as a consolidated
board of equalization.
COMPOSITION
The consolidated board consists of the county commissioners and members from the local board of
equalization, which may include township supervisors or city commissioners, and school board members.
TIME AND PLACE OF MEETING
The consolidated board of equalization begins meeting on the second Tuesday in April and must
complete its work no later than three weeks after the second Tuesday in April. The consolidated board
meets at the location agreed upon by the governing bodies.
DUTIES
The consolidated board of equalization may:
(1) Correct clerical errors of the assessment roll;
(2) Hear appeals from individuals regarding aggregate assessments, classification and
equalization; and
(3) Equalize between taxing districts and between classes of property. The board shall raise or
lower, if necessary, each class of property on a percentage basis covering the class as a
whole within the assessment district.
VOTING BY CONSOLIDATED BOARD
Municipal, school and township board members may participate and vote only regarding property
within the boundaries of each member’s respective taxing district. The county commissioners shall
be a majority of the members eligible to vote on the property valuation in question.
A consolidated board of equalization SHALL NOT act on matters that are within the jurisdiction of the
county board of equalization. The actions that are within the jurisdiction of the county board of
equalization jurisdiction are actions on exempt property and owner-occupied status.
BEFORE A VALUE CAN BE INCREASED - notice has to be given to the property owner to allow him/her
a chance to appear before the board to discuss the change.
BEFORE A PROPERTY CAN BE ADDED TO THE ASSESSMENT ROLL - notice has to be given to the
property owner to allow him/her a chance to appear before the board to discuss the addition.
The consolidated board DOES NOT HAVE THE AUTHORITY to raise or lower the assessment of an
individual parcel of property if it would cause the county board to reassess all property within the taxing
district.
The consolidated board DOES HAVE THE DUTY to ensure all property is listed on the assessment roll.
The consolidated board of equalization shall give written notice of its decision to be postmarked on or
before the Friday following its adjournment to each person owning property on which action was taken.
(May 6, 2011)
OFFICE OF HEARING EXAMINERS
A publication explaining the proceedings is available to anyone appealing to the OHE. It will be sent to
property owners and counties when their hearings are scheduled.
City Council Packet
March 8, 2011
15
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. Update on City’s response plan for flooding.
Pursuant to the City Council’s request, Todd Struwe, Brookings County
Emergency Management Director, Fire Chief Darrell Hartmann and Police
Chief Jeff Miller will provide an update on the City and County’s planned
response to spring flooding.
Estimate Time: 10 Minutes
City Council Packet
March 8, 2011
16
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. Draft Process and Schedule for the possible issuance of new liquor
operating Agreements.
As a result of a population increase from the official 2010 Census, the City
of Brookings will have three additional liquor operating agreements
available to issue. On February 22nd the City Council directed staff to
prepare a draft schedule and process for the possible issuance of new
liquor operating agreements.
Enclosed for City Council review and consideration is a draft schedule,
press release and application cover letter.
Additionally, the following topics need to be addressed in order to finalize
the application packet:
Application Fee – The current new liquor application fee is $25.00. Staff
recommends increasing the fee to $100.
One Time Fee – The City Council must determine how much to charge for the
agreements. In the past, the City has charged $1500; however, the city attorney
has determined the City can charge up to the current population.
Video Lottery - Ordinance revisions may be required. The City Attorney is
currently reviewing this issue.
Operating Agreement for Sale of Liquor – The City Council recently discussed
possible changes to the agreement. The agreement will need to be finalized for
inclusion in the application packet.
Liquor Related Policies – The City Council also recently discussed possible
changes to liquor related policies. Policies will need to be finalized for inclusion
in the application packet.
Estimate Time: 30 Minutes
City Council Packet
March 8, 2011
17
City of Brookings
Liquor Operating Agreement
Application Process Schedule
(adopted __________2011)
DRAFT Dated 2/28/11
Feb 22nd City Council initial discussion regarding issue
March 8th City Council Meeting (WORK SESSION)
Draft Process & Schedule
April 7th City Council Special Planning Retreat
Operating Agreement revisions*
Liquor Policy revisions *
One-time license fee *
Application fee increase from $25 to $100*
Applicant Criteria *
Video Lottery ordinance revisions*
Finalize Process, Schedule & Application Packet
* items must be finalized for inclusion in application packet
4 weeks City Council Meeting (ACTION)
Action on resolution establishing fee
Action on operating agreement revisions
Action on liquor related policies
Action on video lottery ordinance revisions
1 week Notifications
Press release on availability of agreements issued to media
Legal notice on availability of agreements sent to the newspaper
Legal notice published in newspaper
Publish resolution on fee(s)
Publish ordinances (if any)
20 days Fee resolution effective date
4 weeks Deadline for submission of complete applications and supporting material
1 week Legal notice published in newspaper regarding the Council public hearings
2 weeks Action Meeting – City Council – presentations – no action
2 weeks Action Meeting – City Council – for presentations (if needed) or action
2 weeks Action Meeting - Action to award agreement(s), if any
City Council Packet
March 8, 2011
18
Draft Dated 2/28/11
______________2011
FOR IMMEDIATE RELEASE
City of Brookings
Liquor Operating Agreement Application Process
The City of Brookings, South Dakota, has three (3) on-sale liquor operating agreements
available.
Applicants are required to provide the following information:
1. State Uniform Alcoholic Beverage License Application
2. Business Plan
3. Site Plan
4. Interior Building Floor Plan
5. Other required supplemental forms and applications
Completed applications to include a business plan, site plan, floor plans and any other
supplemental information must be submitted to the City Clerk, 311 Third Avenue, not later
than 5:00 p.m. on ______________. For additional information or clarification, please contact
Jeffrey Weldon, City Manager, at 605-692-6281 or Shari Thornes, City Clerk, 605-692-6281, or
email at sthornes@cityofbrookings.org. Please be advised that the City Council may choose
not to enter into any new operating agreements.
City Council Packet
March 8, 2011
19
Draft Dated 2/28/2011
Date: ____________, 2011
TO: Liquor Operating Agreement Applicant
FROM: Brookings City Clerk
RE: Application Requirements and Process
The City of Brookings, South Dakota, has three (3) on-sale liquor operating agreements
available.
If you are interested in applying for a liquor operating agreement, please complete and return
10 complete applications packets with all required attachments to the Office of City Clerk, 311
Third Avenue, Brookings, SD 57006 not later than 5:00 p.m. on ______________.
Applicants are required to provide the following information:
1. STATE ALCOHOL APPLICATION:
A. Complete and check all information on the application. The highlighted areas on
the application must be completed or the application will be returned.
B. If your firm is incorporated, the reverse side of the application must be fully
completed even if there have been no changes since last year. Please come to
the City Clerk’s Office, 311 3rd Avenue, to sign your application in order for us
to witness your signature OR have the form witnessed by a Notary.
Please complete and check all information on the application.
Instructions are included in the packet.
If your firm is incorporated, the reverse side of the application must be
fully completed.
2. BUSINESS PLAN
3. SITE PLAN. If the proposed project is new construction or a new business, the exact
legal description must be provided. Location of the property, including whether the
building is owned or leased. If the property is leased, provide a copy of the proposed
lease or letter from the property owner verifying the potential of a lease covering the
life of this agreement.
4. INTERIOR BUILDING FLOOR PLAN. Indicating building layout (designating stand-alone
status or add-on to an existing structure), emergency exits and other relevant
information, additionally describing if there will be dedicated floor space for the off-sale
activities, including whether the premises will have a separate entrance or the entrance
will be a shared common entrance with other activities of the premises. The premises
shall meet ADA requirements.
City Council Packet
March 8, 2011
20
5. FEES:
A. APPLICATION: There is a $25.00 application fee to apply.
CONSIDER INCREASING FEE TO $100
B. ONE TIME FEE: If awarded, new agreement holders would pay a one-
time, non-refundable fee of $_______ to the City of Brookings.
C. ANNUAL RENEWAL: New agreement holders would also be required to
submit the annual license fee of $1,500 in November 2011, effective from
January 1-December, 2012.
6. OTHER REQUIRED SUPPLEMENTAL FORMS AND APPLICATIONS
A. BACKGROUND CHECK FORM FOR ALL OWNERS OF THE BUSINESS OR
CORPORATION. The Brookings Police Department will review the backgrounds of
all renewal applicants for felony convictions. Please provide a date of birth and
driver’s license number for all owner(s).
B. CERTIFICATE OF RESALE FORM: The Brookings Municipal Liquor Store is required
to maintain a copy of this certificate of Resale on file for each business in Brookings
that sells alcoholic beverages. Please complete the form and return it with your
application.
C. INSURANCE. Note that proof of insurance must be filed prior to the final license
issuance. Your business will be required to maintain general liability insurance
protecting both the City and the City Manager against claims for injury or damages
to persons or property. This policy must 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.
D. CREDIT CHECK. Be advised the City of Brookings may institute additional
requirements to include a credit history check. You may be contacted to complete
additional documentation at the time the competitive process commences.
E. SUNDAY SALES APPLICATION (if applicable)
F. VIDEO LOTTERY APPLICATION (if applicable) FURTHER REVIEW OF
THIS ISSUE IS NEEDED. AN ORDINANCE REVISION MAY BE
REQUIRED.
7. ADDITIONAL INFORMATION. Enclosed for your information are the
following materials:
City Council Packet
March 8, 2011
21
HOURS OF OPERATION. Enclosed is a Days & Hours of Sale for Alcoholic
Beverage License Holders specific to the City of Brookings.
REMINDERS FOR LIQUOR/BEER RETAILERS. This is an important summary of key
state laws pertaining to alcohol that you and your employees should know.
TRAINING INFORMATION.
SIDEWALK ALCOHOL SALES APPLICATION. The City Council passed a new
ordinance in 2009 that will allow for the sale and consumption of alcoholic
beverages on the sidewalk for businesses that derive more than 50% of its gross
receipts from the sale of prepared food for consumption on premise. There is a
one-time fee of $100. For an application and additional information, please contact
the City Clerk’s Office at 692-6281.
MUNICIPAL LIQUOR STORE ARRANGEMENTS. Prior to receiving the license, the
applicant is required to meet with Municipal Liquor Store personnel for a briefing on
the process and determine payment arrangements. You will be required to return
the enclosed form and $2000 deposit in order to obtain the final license.
SAMPLE OPERATING AGREEMENT FOR SALE OF LIQUOR
LIQUOR RELATED POLICIES
STATE REVIEW. After Council approval, your application is then sent to the State
Department of Revenue for final review and processing. Please note that your
license renewal is not official until the State mails the final license card. They will
withhold your license for the following reasons:
o Delinquent real estate taxes (for those licensee’s who own the property)
o If an owner now has a felony conviction
o If the alcoholic beverage license and sales tax license are not in the same name
o If any other taxes are in arrears or returns have not been filed
Please complete and return 10 complete applications packets with all required attachments to
the Office of City Clerk, 311 Third Avenue, Brookings, SD 57006 not later than 5:00 p.m. on
______________.
For additional information or clarification, please contact Jeffrey Weldon, City Manager, at 605-
692-6281 or Shari Thornes, City Clerk, 605-692-6281, or email at
sthornes@cityofbrookings.org . Please be advised that the City Council may choose not to
enter into any new operating agreements.
City Council Packet
March 8, 2011
22
5:00 P.M. WORK SESSION
** Work sessions are open to the public. During the work session the city staff would brief the council
on items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
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
March 8, 2011
23
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
March 8, 2011
24
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
March 8, 2011
25
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 21-22 Monday-
Tuesday Board of Equalization City Hall Meeting Room
March 22 Tuesday Council Meeting 5:00 p.m. Council Chambers
March 23 Wednesday Campus/Community
Forum 5:00 – 7:00 p.m. Swiftel Center
March 29 Tuesday
Brookings County 2011
Annual Feed (Brookings
County Firefighters)
5:30 p.m. social
6:30 p.m. meal
Brookings Fire Hall
(306 3rd St.)
March 29 Tuesday Chamber & BEDC
Annual Meetings
5:00 p.m. social
6:00 p.m. meal
7:00 p.m. program
Swiftel Center
March 30-31 Wednesday
– Thursday
2011 SD Airports
Conference Best Western Ramkota -
Watertown
April 2 Saturday Candidate Forum 9:00 a.m. Council Chambers
April 5 Tuesday Council Meeting 5:00 p.m. Council Chambers
April 7 Thursday Council Mtg-SPECIAL 1:00-5:00 pm Council Chambers
April 12 Tuesday ELECTION
April 14 Thursday Council Mtg-SPECIAL TBD Meeting Room
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
City Council Packet
March 8, 2011
26
Date
Day Event &
Brief Description
Time Location / Town /
Address / Directions
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
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
City Council Packet
March 8, 2011
27
6:00 p.m. REGULAR MEETING
1. Call to order.
2. Pledge of Allegiance.
3. Record of Council Attendance.
4. Action to approve the following Consent Agenda Items:
A. Action to approve the agenda
B. Action to approve minutes
C. Action to schedule a special city council meeting on April 7, 2011.
D. Action to schedule a special city council meeting on March 23, 2011.
E. Action on Resolution No. 26-11, a Resolution for transient merchant license fee.
F. Action on Resolution No. 28-11, a Resolution in Support of Industrial Park Grant Program Application.
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. 29-11, Authorizing Change Order No. 1 (Final) for 2008-09STI, Valley View Phase I Asphalt
Surfacing Project, Bowes Construction, Inc.
Action: Motion to Approve, Request Public Comment, Roll Call
8. Action on Resolution No. 30-11, Authorizing Change Order No. 2 (Final) for 2009-09STI, Valley View Phase II
Asphalt Surfacing Project, Bowes Construction, Inc.
Action: Motion to Approve, Request Public Comment, Roll Call
First Readings
9. Ordinance No. 04-11: An Ordinance Creating a Sustainability Council for the City of Brookings, South Dakota
Public Hearing: March 22nd
Second Readings / Public Hearings
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).
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
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.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
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).
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
13. Public hearing and action on Temporary Liquor License request for The Shamrock for St. Patrick’s Day on March 17th.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
14. Action on Resolution No. 31-11, a Resolution amending the City of Brookings Vision 2020 Comprehensive Plan.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Other Business
15. Presentation of City of Brookings Annual Financial Report.
Action: Informational
16. Discussion and possible action on Resolution No. 32-11, amending the building permit fee for roofing and siding on
existing structures.
Action: Motion to Approve, Request Public Comment, Roll Call
17. Citizen presentation on proposed SDSU Northwest Quadrant Project.
Action: Informational
18. Adjourn.
City Council Packet
March 8, 2011
28
CONSENT AGENDA #4
4. Action to approve the following Consent Agenda Items: *
A. Action to approve the agenda.
B. Action to approve minutes.
C. Action to schedule a special city council meeting on April 7,
2011.
D. Action to schedule a special city council meeting on March
23, 2011.
E. Action on Resolution No. 26-11, a Resolution for transient
merchant license fee.
F. Action on Resolution No. 28-11, a Resolution in Support of
Industrial Park Grant Program Application.
*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
March 8, 2011
29
CONSENT AGENDA #4
B. Action to approve City Council Minutes.
The draft February 22, 2011 Brookings City Council minutes are enclosed
for Council review and approval.
City Council Packet
March 8, 2011
30
Brookings City Council
February 22, 2011 (unapproved)
The Brookings City Council held a meeting on Tuesday, February 22, 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, Jael Thorpe and Keith Corbett. City Manager Jeff
Weldon, City Attorney Steve Britzman and City Clerk Shari Thornes were also present.
Draft Sustainability Council Charter. Mayor Reed presented a draft charter document
designed to provide guidance to the new Sustainability Council regarding its purpose. The
Sustainability Council would be an advisory committee, similar to other city groups, and would
be created by ordinance. An ordinance is scheduled for first and second readings in March.
The Council’s purpose would be 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. Its objectives include investigating, prioritizing, and facilitating
activities that develop and encourage sustainable practices; communicating the importance of
sustainable activities to the Brookings community, and advocacy by proposing implementation
of sustainable strategies, policies, and activities.
Utilize Local Professional Services, Goods, and Commodities. City Manager Weldon
reported there currently is no council policy which restricts purchases to locally addressed
vendors. There is an administrative policy promulgated by staff that to the greatest extent
possible, all goods, services and commodities will be purchased locally. Research from the
South Dakota Municipal League found no knowledge of any municipality that has such a policy.
Research from SDSU shows no specific policy requires the purchasing from local or even in-
state companies. Research from the City of Sioux Falls shows no specific policy requiring
exclusive local purchasing. 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. There is a provision in state law regarding local preference reciprocity
relative to bidders from other states. However, Weldon noted it is good local business
practice and makes sense to purchase goods, services, and commodities from local businesses
to the greatest extent possible. That is the City’s current practice and it 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.
Council members asked the City Manager to prepare a basic administrative policy in writing
outlining the City’s current practices.
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. Council reviewed the current adopted policy
regarding operating agreements and the boilerplate on-sale liquor operating agreement.
City Council Packet
March 8, 2011
31
ACTION: A motion was made by Reed, seconded by Corbett, to review the liquor application
process and timeline to take action on possible license issuance on March 8, 2011. All present
voted yes; motion carried.
Council Topics for Future Discussion. A motion was made by McClemans, seconded by
Corbett, to hold a four hour afternoon City Council retreat to discuss the following topics: 1)
health systems proposal, 2) Liquor License Policies and Operating Agreement, 3) define
outcomes for the Brookings Municipal Liquor Store, and 4) the City’s response plan for
flooding. Discussion: Council agreed it would be televised and held in the Council Chambers. County
Emergency Director will be invited to the March 8th meeting to provide an update on the flooding issue.
All present voted yes; motion carried.
Mayor Reed announced a Campus/Community Forum has been scheduled from 5:00-7:00 p.m.
on March 23rd in the Swiftel Center.
6:00 P.M. REGULAR MEETING. Consent Agenda. A motion was made by Thorpe,
seconded by Bartley, to approve the consent agenda:
A. Action to approve the agenda.
B. Action to approve the February 8, 2011 City Council Meeting minutes.
C. Action on appointment to the Utility Board: Appointed Carol Pitts to vacated
position, term expiring 5/1/2015.
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 (Parcels: 40059-00400-001-
00/002-00/003-00/004-00/005-00/006-00/007-00/008-00/009-00, 40059-00500-001-
00/002-00/003-00/008-00).
On the motion, all present voted yes; motion carried.
Open Forum. Mike Bailey Sr. requested reconsideration of a temporary liquor license for St.
Patrick’s Day at the Shamrock. ACTION: A motion was made by McClemans, seconded by
Bartley, to reconsider the temporary liquor application for a special event license for Shamrock
at the March 8th meeting for an event on March 17th. All present voted yes; motion carried.
Resolution No. 24-11: Bid Award. A motion was made by Kubal, seconded by Bartley, to
approve Resolution No. 24-11 awarding the bid for a Landfill Crawler Loader to Butler
Machinery Company in the amount of $635,876.00, with a trade-in value of $144,000.00 for a
net price of $491,876.00. All present voted yes; motion carried.
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:
City Council Packet
March 8, 2011
32
Butler Machinery Company in the amount of $635,876.00, with trade-in value of $144,000.00,
and net price of $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.
Resolution No. 27-11: Bid Award. A motion was made by Corbett, seconded by Thorpe,
to approve Resolution No. 27-011 awarding the bid for 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. All present voted yes; motion carried.
Resolution No. 27-11
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, and 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.
Resolution No. 25-11: Bid Award. A motion was made by Bartley, seconded by Kubal, to
approve Resolution No. 25-11 awarding the bid for the Park and Recreation Rotary Mower to
Brookings Equipment Inc. for a 2010 Model Demo with 20 hours operating time, in the amount
of $36,400. All present voted yes; motion carried.
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.
Ordinance No. 01-11. A first reading was held on 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 8, 2011.
Ordinance No. 02-11. A first reading was held on 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 8, 2011.
City Council Packet
March 8, 2011
33
Ordinance No. 03-11. A first reading was held on 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 8, 2011.
Temporary Liquor Licenses – Swiftel Center. A public hearing was held on 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. No public comment was made. A motion was made by Thorpe, seconded by
Kubal, to approve. All present voted yes; motion carried.
Temporary Liquor Licenses – The Shamrock. A public hearing was held on a Temporary
Liquor License request for the Shamrock for an event on 2/24/2011. No public comment was
made. A motion was made by Kubal, seconded by McClemans, to approve. All present voted
yes; motion carried.
Resolution No. 23-11. A motion was made by Bartley, seconded by Thorpe, to approve
Resolution No. 23-11, a Resolution of Intent to Lease Real Property, 368 22nd Avenue, to
Private Entity, John and Cindy Williams for a period of one-year. No public comment was
made. All present voted yes; motion carried.
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.
TABLED ITEM: Abatement Request from Rosewood Mobile Home Park. A motion
was made by Bartley, seconded by Corbett, to remove this item from the table. All present
voted yes; motion carried to remove from table.
A motion was made by Thorpe, seconded by McClemans, to approve Resolution No. 23-11,
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. An amendment was made by Reed,
seconded by Bartley, to reduce the amount to $593.89. On the amendment, all present voted
yes; motion carried. On the main motion as amended, all present voted yes; motion carried.
Brookings Municipal Utilities Financial Report. Brookings Municipal Utilities
representatives provided the council with an overview of financial and activity operations of the
municipal utilities systems.
City Council Packet
March 8, 2011
34
Executive Session. A motion was made by Corbett, seconded by McClemans, to enter into
Executive Session at 7:25 p.m. 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 with the City
Council, City Manager, City Attorney, City Clerk and BMU representatives present. All
present voted yes; motion carried. A motion was made by Kubal, seconded by Thorpe, to exit
Executive Session at 7:52 p.m. All present voted yes; motion carried.
Adjourn. A motion was made by Kubal, seconded by Corbett, to adjourn. All present voted
yes; motion carried. Meeting adjourned at 7:53 p.m.
CITY OF BROOKINGS
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
City Council Packet
March 8, 2011
35
CONSENT AGENDA #4
C. Action to schedule a special City Council Meeting on April 7,
2011.
Pursuant to state law, City Council action is required to schedule a special
any City Council meeting. This action would approve holding a special City
Council meeting on April 7, 2011, from 1:00 p.m. to 5:00 p.m., for
discussion on the following topics: 1) Brookings Health Systems, 2) Liquor
License Policies and Operating Agreement, and 3) Brookings Municipal
Liquor Store.
City Council Packet
March 8, 2011
36
CONSENT AGENDA #4
D. Action to schedule a special City Council Meeting on March 23,
2011.
Pursuant to state law, City Council action is required to schedule a special
any City Council meeting. This action would approve holding a special City
Council meeting on March 23, 2011, from 5:00 to 7:00 p.m. at the Swiftel
Center for purposes of a community-campus forum.
City Council Packet
March 8, 2011
37
CONSENT AGENDA #4
E. Action on Resolution No. 26-11, a Resolution for transient
merchant license fee.
Enclosed Resolution No. 26-11 would increase the monthly fee for
transient (“Peddlers”) permits from $30 to $100 per month. This increase
will bring Brookings in line with area rates and recover costs.
Resolution No. 26-11
Resolution Revising License Fee for Transient Merchants (“Peddlers”)
for the City of Brookings
Whereas, fees pertaining to licenses and services of the City of Brookings are subject to
periodic reviews and revision; and
Whereas, a transient merchant, also referred to as a “peddler”, is an individual who travels by
foot or vehicle on streets or residential areas for the purpose of selling or soliciting the sale of
goods, wares, merchandise or services; and
Whereas, a transient merchant’s license and fee are required unless solicitations, sales or
distributions are made by charitable, civic, educational or religious organizations which have
their principal place of activity in Brookings.
Now Therefore Be It Resolved, that the City of Brookings hereby revises its license fee for
transient merchants to $100.00 per month per applicant.
Passed and approved on the 8th day of March, 2011.
CITY OF BROOKINGS:
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City Council Packet
March 8, 2011
38
CONSENT AGENDA #4
F. Action on Resolution No. 28-11, a Resolution in support of
Industrial Park Grant Program Application.
To: Mayor and City Council Members
Jeff Weldon, City Manager
From: Mike Struck, Community Development Director
Re: Industrial Park Grant Application
The South Dakota Department of Transportation has developed a grant
program to foster economic development in South Dakota. The Industrial
Park Grant Program assists communities with eligible construction costs
associated with providing access to Industrial Parks. Staff are preparing the
grant application for 32nd Avenue, which will extend north through the
recently purchased Foster land to the Highway 14 Bypass.
The enclosed resolution commits the City of Brookings to dedicating the
right-of-way for public use, future maintenance of the street, and
committing the local match towards construction costs. The Grant
Program is a cost/share program with the local match ranging from 20 –
40% of the eligible construction costs. The City has identified the 32 nd
Avenue Street Project in the Preliminary 5-Year Capital Improvement Plan.
The estimated cost for street construction and associated storm drainage is
$960,000.
Approval of the resolution will allow staff to proceed with applying for an
Industrial Park Grant. If the grant is awarded, the City will be required to
provide the local match as determined by the grant agreement.
Staff recommends approval.
City Council Packet
March 8, 2011
39
Resolution No. 28-11
Resolution in Support of Industrial Park Grant Program Application
Whereas, the City of Brookings is desirous in constructing an extension of 32nd Avenue; and
Whereas, the State of South Dakota has grant funds available for expansion of access roads to
industrial parks; and
Whereas, the City of Brookings is the sponsoring applicant for funds; and
Whereas, the City is prepared to commit the necessary funds towards the local match; and
Whereas, the City agrees to dedicate the right-of-way for public use; and
Whereas, the City agrees to maintain the project upon completion.
Now, Therefore, Be It Resolved that the City Council of the City of Brookings supports the
described application for the Industrial Park Grant Program.
Passed and approved this 8th day of March 2011.
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City Council Packet
March 8, 2011
40
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.
(Elections on March 2-3)
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
March 8, 2011
41
Contract Awards / Change Orders
7. Action on Resolution No. 29-11: Authorizing Change Order No.
1 (Final) for 2008-09STI, Valley View Phase I Asphalt Surfacing
Project, Bowes Construction, Inc.
This project entailed the construction of streets in the Valley View Addition, located on
the southern part of Brookings adjacent to 20th Street South. This is a TIF project
which includes water mains and services, sanitary sewer mains and services, storm
sewer, grading, detention pond, gravel, curb & gutter and asphalt paving. This project
had two contracts: the Grading contract includes water mains and services, sanitary
sewer mains and services, storm sewer, grading, detention pond, gravel and curb &
gutter and the Paving contract which includes the asphalt paving work.
The paving work for this project has been completed for this project and this change
order will adjust the plans quantities to as-built quantities to close out the Phase I
Surfacing project with Bowes Construction, Inc. This change order will also adjust the
substantial completion date from October 15, 2008 to October 25, 2010 and will adjust
the final completion date from November 1, 2008 to December 1, 2010. A summary is
as follows:
Original Contract Price $65,109.94
Increase from Previously Approved Change Orders $0.00
Contract Price prior to this Change Order $65,109.94
Decrease of this Change Order (No. 1) $386.80
Contract Price incorporating this Change Order $64,724.13
The owners of the development, BlairHill Properties, Inc. approve of this change order.
This resolution will approve closing out the project at a decrease of $386.80 to the
contract and will extend the completion dates of the project.
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City Council Packet
March 8, 2011
42
Resolution No. 29–11
Resolution Authorizing Change Order No. 1 (CCO#1 Final) for
2008-09STI Valley View Phase 1 Surfacing Project, Bowes Construction Co., Inc.
Be It Resolved by the City Council that the following change order be allowed for 2008-09STI
Valley View Phase I Surfacing Project:
Construction Change Order Number 1 (final)
Adjust the contract quantities to final as-built quantities for a decrease of $386.80 to the
contract.
Extend the contract substantial completion date from October 15, 2008 to October 25,
2010 and extend the contract final completion date from November 1, 2008 to
December 1, 2010.
Passed and approved this 8th day of March, 2011.
CITY OF BROOKINGS
_________________________
Tim Reed, Mayor
ATTEST:
____________________________
Shari Thornes, City Clerk
City Council Packet
March 8, 2011
43
Contract Awards / Change Orders
8. Action on Resolution No. 30-11: Authorizing Change Order No.
2 (Final) for 2009-09STI, Valley View Phase II Asphalt Surfacing
Project, Bowes Construction, Inc.
This is a TIF project which entails the construction of streets in the Valley View
Addition, located on the southern part of Brookings adjacent to 20th Street South. This
project is Phase II of the Valley View TIF project which includes water mains and
services, sanitary sewer mains and services, storm sewer, grading, storm sewer, gravel,
curb & gutter and asphalt paving. This project was the second phase of construction for
this development and the streets included in the project are portions of Rio Grande,
Napa Valley, Sonoma Valley and Cumberland Court. The project had two contracts,
one for “Grading” which included water mains and services, sanitary sewer mains and
services, storm sewer, grading, gravel and curb & gutter and one for “Paving” which
included the asphalt paving work.
The City Council previously approved Resolution No. 98-10. However, this change
order has been revised at the agreement of the owner of the development, BlairHill
Properties, Inc., and the contractor. This resolution will rescind Resolution No. 98-10,
and will approve the new quantities.
The paving contract for this project required additional asphalt since the length of Rio
Grande was extended and the extra paving is TIF eligible. The work has been
completed for this project and this resolution will final out the paving contract. This
resolution will also adjust the contract deadline for final completion from June 15, 2010
to December 1, 2010. The owner of the development, BlairHill Properties, Inc., has
approved of these changes. The project is summarized as follows:
Original Contract Price $52,590.00
Increase from Previously Approved Change Orders (1) $1,350.00
Contract Price prior to this Change Order $53,940.00
Decrease of this Change Order (No. 2 Final) $1,155.99
Contract Price incorporating this Change Order $52,784.01
This resolution will authorize Change Order No. 2 (Final) for the paving contract with
Bowes Construction Co., Inc. for a total decrease of $1,155.99 to the contract and will
extend the completion dates of the project.
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City Council Packet
March 8, 2011
44
Resolution No. 30–11
Resolution Authorizing Change Order No. 2 (CCO#2 Final) for
2009-09STI Valley View Phase II Surfacing Project, Bowes Construction Co., Inc.
Be It Resolved by the City Council that the following change order be allowed for 2009-09STI
Valley View Phase II Surfacing Project:
Construction Change Order Number 2
Adjust the contract quantities to final as-built quantities for a decrease of $1,155.99 to
the contract.
Extend the contract final completion date from June 15, 2010 to December 1, 2010.
This resolution will rescind Resolution No. 98-10, dated November 9, 2010.
Passed and approved this 8th day of March, 2011.
CITY OF BROOKINGS
_________________________
Tim Reed, Mayor
ATTEST:
____________________________
Shari Thornes, City Clerk
City Council Packet
March 8, 2011
45
First Reading
9. Ordinance No. 04-11: An Ordinance Creating a Sustainability
Council for the City of Brookings, South Dakota.
Public Hearing: March 22, 2011
**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.
Enclosed Ordinance No. 04-11 will form a new city volunteer board called
the Brookings Sustainability Council. 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.
City Council Packet
March 8, 2011
46
Ordinance No. 04-11
An Ordinance Creating a Sustainability Council for the City of Brookings,
South Dakota
Be It Ordained and Enacted by the City Council of the City of Brookings, State of South
Dakota, as follows:
I.
Creation/Name.
There is hereby created the Sustainability Council (hereinafter “Sustainability Council”) for the
City of Brookings.
Purpose.
The City of Brookings is committed to becoming a leader among its peers in developing an
environment which meets the needs of the present without compromising the ability of future
generations to meet their own needs.
This sustainability objective requires the creation of a committee of the City to investigate and
propose investment strategies and policies to improve our future quality of life while still
meeting the needs of the present. In addition, the Sustainability Council will educate,
communicate and advocate these investment strategies and policies. The Sustainability Council
will serve as a sustainability resource to the community.
Manner of Appointment, Composition, Terms, Compensation.
a) Members of the Brookings Sustainability Council will be appointed by the Mayor, with the
advice and consent of the City Council, for three-year terms that commence in January.
Members may be appointed for additional three-year terms. The initial terms of office shall
be staggered in 1, 2 and 3 year increments. Any members whose term expires may be
reappointed.
b) The Sustainability Council shall consist of nine (9) or more members who are
representative of the community-at-large, business/industry, higher education, students, and
public agencies interested in sustainability practices.
c) All members of the Sustainability Council shall serve without compensation.
Qualification of members.
A majority of the members of the Sustainability Council shall be residents of the city.
Vacancies.
If a vacancy on the Sustainability Council occurs prior to the expiration of a term, the vacancy
may be filled by appointment for a term not exceeding three years. If a member is absent from
three consecutive regular meetings without authorization from the Chairperson, the member's
seat may be considered vacant, and a new member may be appointed.
City Council Packet
March 8, 2011
47
Officers.
The Sustainability Council will designate from among its membership a chairperson, vice-
chairperson and such other officers and subcommittees as it deems appropriate and necessary.
Meetings.
The Sustainability Council will meet at such times and places as may be determined by the
Sustainability Council. A majority of members of the Sustainability Council shall constitute a
quorum.
Objectives.
The objectives of the Sustainability Council are as follows:
1. Action: Investigate, prioritize, and facilitate activities that develop and encourage sustainable
practices. Within Brookings, we understand sustainability to mean stewardship of all our
resources in such a way that we can meet our basic human need for a quality place to live
today and leave a legacy of enhancement for future generations.
2. Education: Communicate the importance of sustainable activities to the Brookings
community.
3. Advocacy: Propose to City Government and other organizations implementation of
sustainable strategies, policies and activities.
The Sustainability Council shall give due consideration and emphasis to the following areas:
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,
promoting local food resourcing and promoting use of renewable resources.
Rules and Regulations.
The Sustainability Council will keep and submit minutes of its meetings to the city manager. The
Sustainability Council will also file an annual report with the City Council.
II.
Any or all ordinances in conflict herewith are hereby repealed.
First Reading: March 8, 2011
Second Reading:
Published:
CITY OF BROOKINGS, SD
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
City Council Packet
March 8, 2011
48
Second Reading / Public Hearing
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).
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 Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City Council Packet
March 8, 2011
49
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
March 8, 2011
58
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
March 8, 2011
59
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
March 8, 2011
60
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
March 8, 2011
61
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
March 8, 2011
62
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
March 8, 2011
63
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
March 8, 2011
64
Second Reading / Public Hearing
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.
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 Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City Council Packet
March 8, 2011
65
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, 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
March 8, 2011
66
(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
March 8, 2011
69
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
March 8, 2011
70
Second Reading / Public Hearing
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.)
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 Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City Council Packet
March 8, 2011
71
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
March 8, 2011
77
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
March 8, 2011
78
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
March 8, 2011
79
.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
March 8, 2011
80
Second Reading / Public Hearing
13. Public hearing and action on a Temporary Liquor License
requests for the Shamrock for St. Patrick’s Day, March 17, 2011.
The Shamrock has applied for a temporary liquor license for St. Patrick’s
Day on March 17, 2011. Pursuant to recent changes in state law, all
temporary alcohol licenses must be approved by the City Council through
use of a public hearing. The City Attorney previously denied this
application as qualifying as a special event. However, at the owner’s
request, the City Council has agreed to reconsider the application.
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 March 8, 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 March 17, 2011 (St. Patrick’s Day Celebration).
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 24th day of February, 2011.
Shari Thornes, City Clerk
City Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City Council Packet
March 8, 2011
81
Second Readings / Public Hearings
14. Action on Resolution No. 31-11, a Resolution amending the City
of Brookings Vision 2020 Comprehensive Plan.
Topic: Capital Improvements Plan Project List (2011-2025)
Applicant: City of Brookings
Specifics: We have reorganized and regrouped major infrastructure
projects after consultation with various departments. The timetable was
also extended to 2025.
Recommendation: The Planning Commission voted 8 yes and 0 no to
recommend approval of the revised project list.
City Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City Council Packet
March 8, 2011
82
Resolution No. 31-11
A Resolution Amending the City of Brookings Vision 2020 Comprehensive Plan
Whereas, the City Council of the City of Brookings, SD in accordance with SDCL 11-6-18
adopted the Vision 2020 Comprehensive Plan for the City of Brookings, SD; and
Whereas, the City Council determined that the Capital Improvements Plan Project List of said
Comprehensive Plan should be amended and supersede the previously adopted Capital
Improvements Plan Project List of the Comprehensive Plan adopted February 11, 2002; and
Whereas, the City Planning Commission of the City of Brookings, SD has recommended
approval of this amendment to the Vision 2020 Comprehensive Plan in accordance with SDCL
11-6-17;
Now, Therefore, Be It Resolved by the City of Brookings, South Dakota that the Capital
Improvements Plan Project List of the Vision 2020 Comprehensive Plan, as amended, is hereby
adopted for the City of Brookings, with said project list to supersede the previous Capital
Improvements Plan. The Vision 2020 Comprehensive Plan shall be on file in the office of the
City Clerk and is available for public inspection by any interested person.
Passed this 8th day of March, 2011.
CITY OF BROOKINGS
_________________________
Tim Reed, Mayor
ATTEST:
____________________________
Shari Thornes, City Clerk
City Council Packet
March 8, 2011
83
CAPITAL IMPROVEMENTS PROGRAM PROJECT LIST
VISION 2020 PLAN (updated 02-2011)
2011 – 2015
Hospital Renovation/Expansion 20th St. So. water line from Main to Western – BMU
McCrory Gardens Center (funding only)Fire Station at Main Ave. So. and 20th St. So. (vicinity)
Prairie Hills Park Development Main Ave. So. Water Line Ext. – BMU
Stormwater Drainage Facilities Joint City/County Administrative Offices
Southbrook Nature Park Development 32nd Ave. from 11th St. to Hwy 14 Bypass
115 KV Loop – BMU Main Ave. So. Sanitary Sewer Extension - BMU
Wastewater Plant upgrades – BMU 6th Street water/sewer main project, Main to Western-BMU
East Water Plant upgrades – BMU Aquatic Center Expansion – Lazy River
115 KV Loop completed – BMU Youth Education & Skill Center (Southbrook Park)
25th Ave from 9th St. to 10th St. Sludge dewatering project (airport) - BMU
Industrial substation - BMU Main Ave. So. from 20th St. So. to 32nd St. So. (3-lane)
Western substation - BMU 20th St. So. from Main Ave to Western Ave (urban st)
Airport Expansion/Runway realignment Equalization basin project (airport) - BMU
Animal Control Building
2016-2020
20th St. So. and I-29 Overpass Telkamp Addition Park Development (TBD)
East Fire Station relocation North side Wastewater Collector – BMU
Nitrate Removal System – BMU New Water Treatment Plant & Transmission Lines – BMU
Ground Storage Reservoir – BMU Western Ave. from Trail Ridge Rd to 20th St. So. (hardsurface)
Landfill Expansion (trench) 8th St. So. from Main Ave. to 22nd Ave. (5-lane)
Swiftel Center Expansion 34th Ave. from Prince Dr. to 8th St. So. (hardsurface)
Southbrook Park expansion (fields) 34th Ave from 8th St. So. to 20th St. So. (hardsurface)
Northeast Sewer Extension – BMU 20th St. So. from I-29 to 34th Ave (hardsurface)
2021 - 2025
New Street Department Site Main Ave. So. from 20th St. So. to 32nd St. So. (5-lane)
Gustafson Park Development 32nd St So from I-29 to 22nd Ave (3-lane)
32nd St. So. and I-29 Interchange Joint City/County Law Enforcement Site
Bike Trail Extension – West Side 24th St. from 32nd Ave. to 34th Ave.
32nd Ave from 24th St to 30th St. 22nd Ave. So. from 20th St. So. to 32nd St. So. (5-lane)
Color Code
Red – Completed Blue – Project Underway Black – Future Project
City Council Packet
March 8, 2011
84
NOTICE OF HEARING
UPON AN AMENDMENT TO THE
VISION 2020 COMPREHENSIVE PLAN
FOR THE CITY OF BROOKINGS
NOTICE IS HEREBY GIVEN That the City Council will hold a public hearing on an
amendment to the Vision 2020 Comprehensive Plan for the City of Brookings pertaining to the
Capital Improvements Plan Project List.
NOTICE IS FURTHER GIVEN That said public hearing will be at 6:00 PM on
Tuesday, March 8, 2011 in the Council Chamber located in the lower level of City Hall
at 311 3rd Avenue, Brookings, South Dakota.
Any person interested may appear and be heard in this matter.
Dated this 25th day of February 2011.
___________________________________
Secretary, City Planning Commission
City Council Packet
March 8, 2011
85
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 #6 – The City of Brookings has submitted an amendment to the Vision 2020
Comprehensive Plan for the City of Brookings pertaining to the Capital Improvement Plan
Project List.
(DeKraai/Cameron) Motion to approve the amendment. All present voted aye.
MOTION CARRIED.
SUMMARY OF DISCUSSION
Item #6 – Hanson stated that updated Capital Improvements Plans were received from several
departments and incorporated into a revised project list. The list was also extended to 2025.
City Council Packet
March 8, 2011
86
Other Business
15. Presentation of City of Brookings Annual Financial Report.
Enclosed for City Council review is the 2010 “Unaudited Annual Financial
Report for the City of Brookings.” Per SDCL 9-22-21, we are required to
report to the governing body at the first regular meeting in March the
receipts, expenses, and financial condition of the municipality, including
where the City’s funds are deposited.
This report is unaudited and it is anticipated that adjustments will be made.
The final audited report will be presented to the Council at a later date.
City Manager Introduction
Action: Informational
****** UNAUDITED ********
ANNUAL REPORT FOR CITY OF BROOKINGS
AS OF AND FOR THE YEAR ENDED DECEMBER 31, 2010
GOVERNMENTAL FUNDS
General 2nd Penny Sales Other Governmental Total
Fund Tax Fund Funds Governmental Funds
Beginning Balance 7,765,868 7,614,235 3,039,323 18,419,426
Revenues and Other Sources:
Property Taxes 2,344,487 39,697 2,384,184
General Sales and Use Taxes 4,930,652 4,904,535 681,060 10,516,247
Amusement Taxes 1,428 1,428
911 Telephone Surcharge 489,784 489,784
Penalties and Interest on
Delinquent Taxes 2,594 9,730 12,324
Storm Drainage Tax 801,720 801,720
Licenses and Permits 158,086 158,086
Federal Grants 135,744 450,138 585,882
State Grants 0
State Shared Revenue:
Bank Franchise Tax 58,987 58,987
Liquor Tax Reversion 115,810 115,810
Highway and Bridge Fund 239,039 239,039
County Shared Revenue:
County Road Tax (25%)7,957 7,957
County HBR Tax (25%)56,008 56,008
County Wheel Tax 52,938 52,938
County Payments in Lieu of Taxes 25,000 25,000
Charges for Goods and Services:
General Government 0
Public Safety 8,437 8,437
Public Works 315 315
Health 11,294 11,294
Culture and Recreation 362,861 1,202,522 1,565,383
Other 0
Court Fines and Costs 61,732 61,732
Library 29,135 29,135
Investment Earnings 59,449 116,540 106,900 282,889
Rentals 68,131 17,415 85,546
Special Assessments 748,631 748,631
Contributions and Donations
from Private Sources 94,534 30,800 50,000 175,334
Sale of Municipal Property 171,939 3,710 175,649
Proceeds from Debt 6,957,827 6,957,827
Other 476,521 59,211 218,160 753,892
Total Revenue and Other Sources 9,443,943 5,111,086 11,806,429 26,361,458
Expenditures and Other Uses:
Legislative 53,354 53,354
Executive 475,231 475,231
Financial Administration 562,785 562,785
Other General Government 678,623 996,266 553,252 2,228,141
Police 2,431,423 2,431,423
Fire 1,060,261 1,060,261
Other Protection 512,717 512,717
Highways and Streets 2,297,173 34,521 2,568,537 4,900,231
Engineer 420,298 420,298
Community Development 463,222 463,222
Animal Control 85,602 85,602
Recreation 786,207 250,000 522,141 1,558,348
Parks 1,667,780 49,500 1,717,280
Libraries 971,543 30,810 1,002,353
Auditorium 1,878,323 1,878,323
Historical Preservation 15,841 15,841
Economic Development and
Assistance (Industrial
Development)676,401 676,401
Debt Service 195,564 4,479,359 13,543 4,688,466
Total Expenditures and Other Uses 12,164,907 5,760,146 6,805,224 24,730,277
Transfers In (Out)3,418,691 (1,846,311)356,275 1,928,655
Increase/Decrease in Fund Balance 697,727 (2,495,371)5,357,480 3,559,836
Ending Balance:
Reserved 2,634,052 1,601,962 4,236,014
Undesignated 5,829,543 5,118,864 6,794,841 17,743,248
Governmental Long-term Debt 20,420,755
****** UNAUDITED ********
PROPRIETARY FUNDS
Other Enterprise
Electric Health System Telephone Funds
Beginning Balance 29,534,981 40,308,843 21,710,799 39,963,549
Revenues 21,023,384 34,873,253 31,476,272 19,188,378
Expenses (18,844,999)(33,649,493)(29,141,288)(16,104,231)
Transfers In (Out)(1,292,000)0 (500,000)(136,655)
Ending Balance:
Restricted 19,135,685 1,309,500 7,472,693 17,478,981
Unrestricted 11,285,681 40,223,103 16,073,090 25,966,097
Long-term Debt 5,294,878 0 23,928,001 1,785,771
The preceding financial data does not include fiduciary funds or internal service funds. Information pertaining to those activities may be
obtained by contacting the municipal finance officer at 697-8639.
Municipal funds are deposited as follows:
Depository Amount
First Bank & Trust 7,954,259
Wells Fargo 1,017,066
Dacotah 1,757,052
Metabank 1,274,200
BankStar 1,007,491
Home Federal 528,153
Security National 38,180
First Bank & Trust Wealth Mgmt:
Deposits 14,873,731
Custodial Agent 43,058,532
Wells Fargo Brokerage 2,634,893
City Council Packet
March 8, 2011
89
Other Business
16. Discussion and possible action on Resolution No. 32-11, amending
the Building Permit Fee for roofing and siding on existing
structures.
History:
In the past, the City of Brookings has not required a building permit or charged a
building permit fee for siding and roofing work on existing buildings. For a new home,
siding and roofing work is covered by the new home’s building permit. Currently, City
staff will inspect re-siding and re-roofing work when they notice a home with roofing or
siding operations occurring. However, City staff does not have the addresses for such
work since the permit is not required and many times siding and roofing work takes
place on weekends by property owners who may not be knowledgeable on the code
requirements. There are a number of code issues that the City would like to inspect
during siding and roofing operations and the following are some examples of those
items:
Siding: Proper house wrap needs to be in place and the siding needs to be
installed with the proper overlap, joints and sealants to avoid issues with failure
of the siding or infiltration of water/air through the siding.
Shingling: The shingles need to have the proper overlap and nailing and many
times the weather guard is not installed or is installed incorrectly. If the home
has ice dams and the weather guard is not properly installed, the water can seep
under the shingles and cause water damage to the interior of the structure.
In addition to assuring the siding and roofing is installed to building code, the permit
would allow the City to have construction records for the home or building. Insurance
companies have called in the past to determine the installation date for shingles and
siding and the City would be able to provide a full history if we have records from the
building permit for re-siding and re-roofing.
Code Summary:
The 2006 International Existing Building Code is the current adopted code that
regulates re-roofing or re-siding for existing buildings, and was adopted by the City of
Brookings in 2008. Section 105, Permits, of the International Existing Building Code,
describes which permits are required, and what work is exempt from permits. The
following excerpt from the 2006 International Existing Building Code describes the work
for buildings that is exempt from permits:
105.2 Work exempt from permit.
Exemptions from permit requirements of this code shall not be deemed to grant authorization
for any work to be done in any manner in violation of the provisions of this code or any other
laws or ordinances of this jurisdiction. Permits shall not be required for the following:
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March 8, 2011
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Building:
1. Sidewalks and driveways not more than 30 inches (762 mm) above grade and not over any
basement or story below and that are not part of an accessible route.
2. Painting, papering, tiling, carpeting, cabinets, counter tops, and similar finish work.
3. Temporary motion picture, television, and theater stage sets and scenery.
4. Shade cloth structures constructed for nursery or agricultural purposes, and not including
service systems.
5. Window awnings supported by an exterior wall of Group R-3 or Group U occupancies.
6. Movable cases, counters, and partitions not over 69 inches (1753 mm) in height.
Even though siding and roofing work is not exempt from permits, the City of Brookings
has not set a fee that would correlate to siding and roofing work, therefore the City has
not charged a fee for siding and roofing in the past.
Proposed Fee:
The City is proposing setting a fee of $25.00 for residential re-siding and re-roofing
work. The current fee for driveway replacement and other small construction projects
is $25.00 and siding and roofing would fit into the same category. Since commercial
siding and roofing can vary widely in extent and cost, the City is proposing the
commercial fee would correspond to the existing fee and valuation chart for commercial
permits. In the event of a weather event, such as a tornado or storm that caused
damage to numerous homes, the City Council could choose to waive the fees for that
particular event or time frame. This resolution will adopt a fee for siding and roofing on
existing structures.
Public Notice
A notice was mailed to all local contractors, suppliers and the Homebuilders Association
to alert them of this Council Meeting discussion and it also listed the proposed fee. The
City also issued a press release regarding this discussion item.
City Manager:
Recommend approval.
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
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March 8, 2011
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Resolution No. 32-11
Amending the Building Permit Fee for Roofing and Siding on Existing Structures
Whereas, the City is desirous in inspecting roofing and siding work on existing structures,
Whereas, the Engineer Department building permit fees required under Section 22-35, Article
II of Chapter 22 of the Code of Ordinances of the City of Brookings shall be revised,
Whereas, the investigation fee as per Ordinance No. 13-08 shall be waived for roofing and
siding permits on existing structures until December 31, 2011, and
Be It Resolved that the fees be adopted as follows:
Item Fee
Residential roofing and siding per permit $25.00
Commercial roofing and siding per permit based on value of work
commensurate with the commercial
building permit fee schedule
Passed and approved this 8th day of March, 2011.
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
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March 8, 2011
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Other Business
17. Citizen presentation on proposed SDSU Northwest Quadrant
Project.
Per the enclosed letter, John Mills and Jim Flippin have requested time on
the meeting agenda to discuss this issue with the City Council.
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March 8, 2011
94
18. Adjourn.