HomeMy WebLinkAbout2011_03_22 CC PKT1
Brookings City Council
Tuesday, March 22, 2011
City Hall Council Chambers
311 Third Avenue
The City of Brookings is committed to providing a high quality of life for its citizens and fostering a
diverse economic base through innovative thinking, strategic planning, and proactive, fiscally responsible
municipal management.
5:00 p.m. WORK SESSION
Work sessions are open to the public. During the work session the city staff would brief the council on items for that
particular meeting, introduce future topics, and provide a time for Council members to introduce topics.
1. Brookings Area Master Transportation Study Update.
2. Brookings Economic Development Corporation (BEDC) Economic Development
Recommendations Report.
3. Policy Discussion regarding Change Orders on Consent Agenda.
4. Video Lottery Opinion from City Attorney.
5. City Council Member Ex-Officio Reports.
6. Joint Powers Board members’ Report.
7. City Council member introduction of topics for future discussion.*
8. Council Invites & Obligations.
*Any Council member may request discussion of any issue at a future meeting only. Items cannot be added for action at
this meeting. A motion and second is required starting the issue, requested outcome, and time. A majority vote is required.
6:00 p.m. REGULAR MEETING
1. Call to order.
2. Pledge of Allegiance.
3. Record of Council Attendance.
4. Action to approve the following Consent Agenda Items:*
A. Action to approve the agenda.
B. Action to approve the minutes.
C. Action on Resolution No. 33-11, a Resolution appointing election judges for the
April 12th Municipal Election.
D. Action on Resolution No. 34-11, A Resolution authorizing the Brookings Summer
Arts Festival Committee to have exclusive use of Pioneer Park.
E. Action on an appointment to the Disability Committee.
F. Action on Resolution No. 36-11, Bridge Reinspection Program Resolution for use
with SDDOT Retainer Contracts.
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.
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Open Forum/Presentations/Reports
5. Open Forum
6. SDSU Student Senate Report
Contract Awards / Change Orders
7. Action on Resolution No. 41-11, awarding contract on pole building lumber and steel.
Action: Motion to Approve, Request Public Comment, Roll Call
8. Action on Resolution No. 42-11, awarding contract on concrete golf cart paths.
Action: Motion to Approve, Request Public Comment, Roll Call
9. Action on Resolution No. 37-11, authorizing Change Order No. 1 (Final) for 2010-
08STI Street Maintenance Project, Bowes Construction Inc.
Action: Motion to Approve, Request Public Comment, Roll Call
10. Action to award contracts for the Brookings City and County Government Center,
Bid Package Number One.
Action: Motion to Approve, Request Public Comment, Roll Call
First Readings**
11. Ordinance No. 06-11: An Ordinance pertaining to an application for a Conditional Use
for a Brewpub in the Business B-1 District, East 65 feet of Lots 15 and 16, Block 14,
Second Addition, also known as 309/311 5th Street.
Public Hearing: April 5th
12. Ordinance No. 07-11: An Ordinance pertaining to an application for a Conditional Use
for an Office in the Residence R-2 District, Lot 3, Block 3, Hill Park Addition, also
known as 1112 6th Street.
Public Hearing: April 5th
13. Ordinance No. 08-11: An Ordinance rezoning Lot 3, Block 10, Folsom Addition and the
vacated street lying between Blocks 10 and 11, Folsom Addition from a class Industrial I-
1 District to a class Residence R-3A District.
Public Hearing: April 5th
**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
14. Public hearing and action on Resolution No. 39-11, a Resolution approving an
Application for Financial Assistance, Authorizing the Execution and Submittal of the
Application, and Designating an Authorized Representative to Certify and Sign Payment
Requests.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
3
15. Ordinance No. 04-11: An Ordinance Creating a Sustainability Council for the City of
Brookings, South Dakota
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
16. Public hearing and action on Temporary Liquor License requests for The Shamrock for
events on 3/24–Country Dance, 3/26–KOCF MMA Event and 4/2–Sigma Phi Delta.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
17. Public hearing and action on Temporary Liquor License requests for the Swiftel Center
for events on 4/2, 4/8-9, 4/16, 4/17 and 4/30/2011.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
18. Public hearing and action on Resolution No. 40-11, a Resolution to annex the north
1,580 feet of the E½ of the NW¼ of Section 2-T109N-R50W and the abutting rights-
of-way of 20th Street South and Main Avenue South but excluding Lot C, Christie
Addition and Outlots A, 1A, B, and 1B.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Other Business
19. Update on Joint City/County Buildings; technology-security-telephone systems.
Action: Informational
20. Action on Resolution No. 35-11, a Resolution increasing the Application Fee for new
Liquor Operating Agreements.
Action: Motion to Approve, Request Public Comment, Roll Call
21. Action on Resolution No. 38-11, a Resolution establishing a one-time fee for new
Liquor Operating Agreements.
Action: Motion to Approve, Request Public Comment, Roll Call
22. Update on the Front Street / Main Avenue Project.
Action: Informational
23. Summary of the 2010 Phase II Storm Water Management Program.
Action: Informational
24. Discussion and possible action on Ad Hoc Parking Committee and Traffic Safety
Committee Recommendations.
Action: Motion to Approve, Request Public Comment, Roll Call
25. Action on City of Brookings 2011 Strategic Plan.
Action: Motion to Approve, Request Public Comment, Roll Call
26. Adjourn.
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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 22, 2011
5
5:00 P.M. WORK SESSION
** Work sessions are open to the public. During the work session the city staff would brief the council
on items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
1. Brookings Area Master Transportation Study Update.
The consulting team of HDR, Inc. and Banner Associates, Inc. will provide
an update on the Brookings Area Master Transportation Study. The
following website has been set up for providing information to the public
concerning the study and related minutes, displays, and presentations;
www.Brookingsonthemove.com
Estimate Time: 30 Minutes
City Council Packet
March 22, 2011
6
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. Brookings Economic Development Corporation (BEDC)
Economic Development Recommendations Report.
DATE: March 14, 2011
TO: Mayor & City Council, City Manager
FROM: Al Heuton, Chamber of Commerce & BEDC Executive Director
Economic Development Policy Purpose Statement
Brookings Economic Development Corporation is requesting City Council
approval of the attached resolution to expedite the transfer of land for
economic development. Approving the transfer of economic development
land in one blanket resolution will greatly assist efforts to compete for both
local business and industry expansion and the recruitment of new business
and industry to the community. The ability to provide information and
close deals in a timely manner is essential.
BEDC is requesting that the transfer price be set at $0, or $1, per parcel to
provide a high degree of latitude in the negotiation process. To ensure that
the community and City of Brookings receive an adequate return on
investment, BEDC has formulated a review process, a list of qualifying
industry types, criteria to calculate return on investment, and enforceable
business/industry performance measures. We also request that this
resolution apply to existing and future economic development land.
We look forward to discussing this important topic with the City Council.
City Council Packet
March 22, 2011
7
Resolution No. XX-11
A Resolution Authorizing the Transfer of Real Property to the Brookings Economic
Development Corporation, Inc. Pursuant to SDCL 9-27-36 for Economic
Development Purposes
Be It Resolved by the City Council of the City of Brookings, South Dakota as follows:
Whereas, the Brookings Economic Development Corporation, Inc., (referred to herein as
“BEDC”), which is a local nonprofit industrial development corporation, has determined that its
economic development efforts will be furthered if it can expedite its real estate transactions
due to the time intensive competition for companies evaluating possible sites; and
Whereas, SDCL 9-27-36 authorizes a municipality to sell on a negotiated basis its real property
to a local industrial development corporation for economic development purposes; and
Whereas, in order to assist BEDC expedite its real property transactions, the City agrees to
sell certain real property to BEDC for economic development purposes, with the description,
selling price and terms of sale of the real property set forth in this Resolution;
Now Therefore, the City Council of the City of Brookings, South Dakota, approves the
foregoing policies and as follows:
A. That the City agrees to sell the real property described on Exhibit “A” and for the
price per parcel also as set forth therein. The City will convey title to the above-
described property to the Brookings Economic Development Corporation, Inc.
when BEDC provides notice to the City of a qualifying prospect and identifies a
specific parcel or parcels as set forth on Exhibit “A”, and thereafter pays the full
purchase price;
B. That any real estate title transfers by the City to BEDC shall contain covenants
which require that the real property be used only as the site for a company or
organization which constitutes an economic development purpose consistent with
this Resolution; and
C. That the City Manager and City Clerk are authorized to execute the documents and
agreements in accordance with this Resolution.
Passed and approved on the day of , 2011.
CITY OF BROOKINGS:
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
Exhibit “A”
________________________________________
Description of Property Price per Parcel
City Council Packet
March 22, 2011
8
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. Policy Discussion regarding Change Orders on Consent Agenda.
Council Member Thorpe has asked to revisit the Council’s policy regarding
action on change orders. Currently, pursuant to Council direction from
10/27/09, all change orders are scheduled on the regular agenda and are no
longer on the consent agenda. Council Member Thorpe has suggested
minor change orders under a certain price threshold be placed on consent.
City Council Packet
March 22, 2011
9
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. Video Lottery Opinion from City Attorney.
To: Jeff Weldon, City Manager and Shari Thornes, City Clerk
From: Steven J. Britzman, City Attorney
Date: March 15, 2011
Re: Video Lottery regulation - Brookings Ordinance Sec. 6-6
Discussion: In the year 2000, I believe, the City of Brookings adopted Ordinance 00-4
which limited the number of video lottery establishments, based upon video lottery
statute SDCL 42-7A-64, which is set forth below.
Due to recent clarifications with respect to the interpretation of SDCL 42-7A-64 and
with respect to municipal powers concerning issues regulated by the State of South
Dakota, it would be appropriate to revise Brookings Ordinance 6-6 so the Ordinance is
limited to wine and malt beverage retailers and is not applicable to any other type of
alcoholic beverage licensee.
I am providing a pdf copy of a decision I referred to in the most recent Council meeting,
which holds, in part, that 42-7A-64, a video lottery statute upon which our video lottery
Ordinance (Sec. 6-6) is based, is only applicable to wine and malt beverage retailers, and
regulation of video lottery by municipalities is otherwise prohibited. I agree, as a matter
of law, with the conclusions reached in this Sioux Falls video lottery decision.
Accordingly, a municipality cannot regulate the issuance of video lottery licenses at any
other types of alcoholic beverage establishments, such as those holding operating
agreements. Therefore, new Operating Agreements should be fully entitled to video
lottery without limitation.
SDCL 42-7A-64. State Lottery - Additional criteria for on-sale
alcoholic beverage licensees in video lottery licensed establishments.
A municipality or county may consider, in addition to the criteria for the
issuance of an on-sale alcoholic beverage license, the following criteria for
authorizing video lottery machine placement in establishments issued an on-
sale alcoholic beverage license pursuant to subdivisions 35-4-2(12)1 and
(16)2:
1 (12) Wine retailers, being both package dealers and on-sale dealers.
2 (16) Malt beverage retailers, being both package dealers and on-sale dealers.
City Council Packet
March 22, 2011
10
(1) The number of establishments currently licensed for video lottery;
(2) The proximity of the business to other establishments licensed for video
lottery;
(3) The type of business and manner in which the applicant proposes to
operate it;
(4) The location of the business in relation to other businesses, residential
areas, or activities within the same general area;
(5) The extent to which minors frequent a business connected to the one
proposed; and
(6) The effect the proposed business has on economic development.
The governing board shall certify on each application filed with the
department of revenue for a license granted under subdivisions 35-4-2(12) and
(16) whether the business premises is authorized for video lottery machine
placement. An existing video lottery license may not be denied renewal or
transfer based upon the criteria set forth in this section. The lottery may issue a
video lottery license to those establishments certified pursuant to this section.
Notwithstanding the above provisions, a county or municipality may not restrict
the number of alcoholic beverage licenses issued under subdivisions 35-4-2(12)
and (16) and certified for video lottery to a number less than those licensed as
video lottery establishments on March 1, 1994.
A copy of our current video lottery Ordinance is set forth on the next page.
City Council Packet
March 22, 2011
11
Sec. 6-6. Authorizations for video lottery machine placement.
(a) Not more than one authorization for a video lottery machine placement as provided in
SDCL 42-7A-64 will be granted for each 880 persons, or a fraction thereof, of the population
of the city as determined each August 1 by the city planning department. No establishment
authorized for a video lottery machine placement may be denied authorization in subsequent
years solely by reason of any limitations of the number of authorizations under the provisions
of this section. The quota, as established in this section, does not limit other types of non-
video lottery licenses issued pursuant to SDCL 35-4-2; however, the quota and the criteria
and requirements set forth in this section do apply to any type of on-sale licensee including
those holding operating agreements, and on-sale malt and wine licensees who apply for video
lottery establishment authorization after the effective date of the ordinance from which this
section is derived.
(b) New video lottery sites shall be selected according to the following criteria and which
satisfy the requirements set forth in subsection (b)(3) of this section:
(1) The proximity of the proposed new video lottery site to other establishments which
have been licensed as video lottery establishments.
(2) The type of business the applicant proposes for the proposed new video lottery site and
the manner in which the applicant proposes to operate it.
(3) Consistent with state law, video lottery establishments shall be a bar, restaurant or
lounge which is primarily maintained and operated for the selling and consumption of
alcoholic beverages and food on the premises. In order to ensure that only bars, restaurants
and lounges are authorized as video lottery establishments, proposed new video lottery
establishments must derive 75 percent or more of their gross business income, excluding
video lottery income, from the sale of beverages, room rentals and food which is prepared
and consumed on the premises. Any applicant for authorization as a video lottery
establishment shall certify that the applicant complies with this subsection. The city may
require the applicant to provide proof through business records of compliance with this
requirement. Bona fide chartered veterans' organizations, religious, charitable or fraternal
organizations are excluded from the requirements of this subsection (b)(3).
(4) The location of the proposed new video lottery site to other businesses, residential
areas, or activities within the same general area.
(5) The extent to which minors frequent a business connected to the proposed new video
lottery site.
(6) The effect the proposed new video lottery site has on economic development.
City Council Packet
March 22, 2011
20
5:00 P.M. WORK SESSION** Work sessions are open to the public. During the work
session the city staff would brief the council on items for that particular meeting, introduce future topics,
and provide a time for Council members to introduce topics.
5. 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 22, 2011
21
5:00 P.M. WORK SESSION
** Work sessions are open to the public. During the work session the city staff would brief the council
on items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
6. 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 22, 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.
7. 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 22, 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.
8. Council Invites & Obligations.
Date
Day Event &
Brief Description
Time Location / Town /
Address / Directions
March 23 Wednesday Campus/Community
Forum 5:00 – 7:00 p.m. Swiftel Center
March 29 Tuesday Brookings Airport
Sponsor Meeting 8:30 a.m. – 9:15 a.m. Ramkota
Watertown
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 City Council 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
(Election Canvass) 9:00 am 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
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
City Council Packet
March 22, 2011
24
Date
Day Event &
Brief Description
Time Location / Town /
Address / Directions
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
25
6:00 p.m. REGULAR MEETING
1. Call to order.
2. Pledge of Allegiance.
3. Record of Council Attendance.
4. Action to approve the following Consent Agenda Items:*
A. Action to approve the agenda.
B. Action to approve the minutes.
C. Action on Resolution No. 33-11, a Resolution appointing election judges for the April 12th municipal election.
D. Action on Resolution No. 34-11, A Resolution Authorizing the Brookings Summer Arts Festival Committee to
Have Exclusive Use of Pioneer Park.
E. Action on an appointment to the Disability Committee.
F. Action on Resolution No. 36-11, Bridge Reinspection Program Resolution For Use With SDDOT Retainer
Contracts.
Open Forum/Presentations/Reports
5. Open Forum
6. SDSU Student Senate Report
Contract Awards / Change Orders
7. Action on Resolution No. 41-11, awarding contract on pole building lumber and steel.
8. Action on Resolution No. 42-11, awarding contract on concrete golf cart paths.
9. Action on Resolution No. 37-11, Authorizing Change Order No. 1 (Final) for 2010-08STI Street Maintenance Project,
Bowes Construction Inc.
10. Action to award contracts for the Brookings City and County Government Center,
Bid Package Number One.
First Readings
11. Ordinance No. 06-11: An Ordinance pertaining to an application for a Conditional Use for a Brewpub in the Business
B-1 District, East 65 feet of Lots 15 and 16, Block 14, Second Addition, also known as 309/311 5th Street.
12. Ordinance No. 07-11: An Ordinance pertaining to an application for a Conditional Use for an Office in the Residence
R-2 District, Lot 3, Block 3, Hill Park Addition, also known as 1112 6th Street.
13. Ordinance No. 08-11: An Ordinance rezoning Lot 3, Block 10, Folsom Addition and the vacated street lying between
Blocks 10 and 11, Folsom Addition from a class Industrial I-1 District to a class Residence R-3A District.
Second Readings / Public Hearings
14. Public hearing and action on Resolution No. 39-11, a Resolution approving an Application for Financial Assistance,
Authorizing the Execution and Submittal of the Application, and Designating an Authorized Representative to Certify
and Sign Payment Requests.
15. Ordinance No. 04-11: An Ordinance Creating a Sustainability Council for the City of Brookings, South Dakota
16. Public hearing and action on Temporary Liquor License requests for The Shamrock for events on 3/24–Country
Dance, 3/26–KOCF MMA Event and 4/2–Sigma Phi Delta.
17. Public hearing and action on Temporary Liquor License requests for the Swiftel Center for events on 4/2, 4/8-9, 4/16,
4/17 and 4/30/2011.
18. Public hearing and action on Resolution No. 40-11, a Resolution to annex the north 1,580 feet of the E½ of the
NW¼ of Section 2-T109N-R50W and the abutting rights-of-way of 20th Street South and Main Avenue South but
excluding Lot C, Christie Addition and Outlots A, 1A, B and 1B.
Other Business
19. Update on Joint City/County Buildings; technology-security-telephone systems.
20. Action on Resolution No. 35-11, a Resolution increasing the Application Fee for new Liquor Operating Agreements.
Action: Motion to Approve, Request Public Comment, Roll Call
21. Action on Resolution No. 38-11, a Resolution establishing a one-time fee for new Liquor Operating Agreements.
Action: Motion to Approve, Request Public Comment, Roll Call
22. Update on the Front Street/Main Ave project.
Action: Informational
23. Summary of the 2010 Phase II Storm Water Management Program.
Action: Informational
24. Discussion and possible action on Ad Hoc Parking Committee & Traffic Safety Committee Recommendations.
Action: Motion to Approve, Request Public Comment, Roll Call
25. Action on City of Brookings 2011 Strategic Plan.
Action: Motion to Approve, Request Public Comment, Roll Call
26. Adjourn.
City Council Packet
March 22, 2011
26
CONSENT AGENDA #4
4. Action to approve the following Consent Agenda Items: *
A. Action to approve the agenda.
B. Action to approve the minutes.
C. Action on Resolution No. 33-11, a Resolution appointing
election judges for the April 12th Municipal Election.
D. Action on Resolution No. 34-11, A Resolution Authorizing
the Brookings Summer Arts Festival Committee to have
exclusive use of Pioneer Park.
E. Action on an appointment to the Disability Committee.
F. Action on Resolution No. 36-11, Bridge Reinspection
Program Resolution for use with SDDOT Retainer
Contracts.
*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 22, 2011
27
CONSENT AGENDA #4
B. Action to approve City Council Minutes.
The draft March 8, 2011 Brookings City Council minutes are enclosed for
Council review and approval.
City Council Packet
March 22, 2011
28
Brookings City Council
March 8, 2011 (unapproved)
The Brookings City Council held a meeting on Tuesday, March 8, 2011 at 5:30 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.
Board of Equalization Briefing. Joyce Dragseth, Brookings County Director of
Equalization, briefed the council on this year’s appeal and hearing process.
Update on City’s response plan for flooding. Todd Struwe, Brookings County Emergency
Management Director and Police Chief Jeff Miller provided an updated on the City and
County’s planned response to spring flooding, noting plans for an organized effort for early
advanced warning.
Liquor Operating Agreement Criteria and Process. 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.
The City Council reviewed and considered a draft schedule and process for the possible
issuance of new liquor operating agreements. Additionally, the Council briefly discussed the
following topics that need to be addressed in order to finalize the application packet:
1. Application Fee – The current new liquor application fee is $25.00. Staff recommends
increasing the fee to $100. ACTION: A motion was made by Reed, seconded by
McClemans, to direct staff to bring a resolution increasing the fee to $100 for City Council
action on March 22. All present vote yes, motion carried.
2. One Time Fee – The City Council must determine how much to charge for the agreements.
In the past, the City has charged $1,500; however, the city attorney has determined the
City can charge more than the $1,500. ACTION: A motion was made by Reed, seconded
by Thorpe, to direct staff to bring a resolution to set the initial fee for a new liquor license
at $1.00 per capita for City Council action on March 22. Friendly amendment was made
Bezdichek to change the amount to $25,000. Both agreed. All present voted yes; motion
carried.
3. Video Lottery - Ordinance revisions may be required. Steve Britzman, City Attorney, is
currently reviewing this issue. Britzman will prepare an opinion for review on March 22nd.
4. Operating Agreement for Sale of Liquor – The City Council recently discussed possible changes
to the agreement. Review of this issue is scheduled for a special city council meeting on
April 7th. The agreement will need to be finalized for inclusion in the application packet.
5. Liquor Related Policies –The City Council also recently discussed possible changes to liquor
related policies. Review of these policies is scheduled for a special city council meeting on
April 7th. Policies will need to be finalized for inclusion in the application packet.
City Council Packet
March 22, 2011
29
REGULAR MEETING. Consent Agenda. A motion was made by Kubal, seconded by
Corbett, to approve the consent agenda:
A. Action to approve the agenda.
B. Action to approve the February 22, 2011 City Council Meeting 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.
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.
F. Action on Resolution No. 28-11, a Resolution in support of Industrial Park Grant
Program Application.
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.
On the motion, all present voted yes; motion carried.
City Council Packet
March 22, 2011
30
Resolution No. 29-11. A motion was made by Bartley, seconded by Thorpe, to authorize
Change Order No. 1 (Final) for 2008-09STI, Valley View Phase I Asphalt Surfacing Project,
Bowes Construction, Inc. All present voted yes; motion carried.
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.
Resolution No. 30-11. A motion was made by Bartley, seconded by Kubal, to authorize
Change Order No. 2 (Final) for 2009-09STI, Valley View Phase II Asphalt Surfacing Project,
Bowes Construction, Inc. All present voted yes; motion carried.
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.
Ordinance No. 04-11. A first reading was held on Ordinance No. 04-11, an Ordinance
creating a Sustainability Council for the City of Brookings, South Dakota. Public Hearing:
March 22, 2011.
Ordinance No. 01-11. A public hearing 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). A motion was made by Bartley, seconded by Corbett, to approve
Ordinance No. 01-011. No public comment. All present voted yes (McClemans abstained);
motion carried.
Ordinance No. 02-11. A public hearing 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. A
motion was made by Bezdichek, seconded by Thorpe, to approve Ordinance No. 02-11.
Discussion: Rob Boniface, George Houtman, Dave Kneip, Jim Flippen and Keith Rounds spoke in
opposition to the proposed ordinance. AMENDMENT: A motion was made by Reed, seconded by
Kubal, to reduce the boulevard topsoil from 18 inches to 12 inches. All present voted yes,
amendment passes. AMENDMENT: A motion was made by Bartley, seconded by Thorpe, to
reduce the yard topsoil requirement to 6 inches. All present voted yes; motion carried. On
the main motion as amended, all present yes; motion carried.
City Council Packet
March 22, 2011
31
Ordinance No. 03-11. A public hearing 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. A motion
was made by Corbett, seconded by Bartley, to approve Ordinance No. 03-11. No public
comment. All present voted yes; motion carried.
Temporary Liquor License – The Shamrock. A public hearing was held on a Temporary
Liquor License request for the Shamrock for Saint Patrick’s Day on 3/17/2011. A motion was
made by Bartley, seconded by Kubal, to approve. Discussion: The City Attorney recommended
denial because he did not think it met the standards of a “special event.” Each application is reviewed
individually. This appeared to be more of a promotional event than a special event/party for a
particular group. All present voted yes; motion carried.
Temporary Liquor License – The Shamrock. A public hearing was held on Temporary
Liquor License requests for the Shamrock for the following events: 3/18 (Concert), 3/18
(Brookings County Republican Party Event), 3/19 (Pub Crawl). A motion was made by Kubal,
seconded by Corbett, to approve. No public comment. All present voted yes; motion carried.
Resolution No. 31-11. A motion was made by Corbett, seconded by Thorpe, to approve
Resolution No. 31-11, a Resolution amending the City of Brookings Vision 2020
Comprehensive Plan. All present voted yes; motion carried.
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.
City of Brookings Annual Financial Report. City Council reviewed the 2010 “Unaudited
Annual Financial Report for the City of Brookings.” This report is unaudited and it is
City Council Packet
March 22, 2011
32
anticipated that adjustments will be made. The final audited report will be presented to the
Council at a later date.
Resolution No. 32-11. A motion was made by Reed, seconded by Bartley, to approve
Resolution No. 32-11, amending the Building Permit Fee for roofing and siding on existing
structures. Discussion: George Houtman and Lynn Menace spoke in favor of the resolution. Council
members raised a number of concerns. All present voted yes; motion carried.
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: 1) Residential roofing and siding per permit,
$25.00 Fee, 2) Commercial roofing and siding per permit, Fee to be based on value of work
commensurate with the commercial building permit fee schedule.
Citizen presentation on proposed SDSU Northwest Quadrant Project. A number of
individuals presented information and expressed concern regarding the proposed impact the
SDSU NW Quadrant will have on the private business sector in Brookings.
Adjourn. A motion was made by Kubal, seconded by Thorpe, to adjourn. All present voted
yes; motion carried. Meeting adjourned at 9:27 p.m.
CITY OF BROOKINGS
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
City Council Packet
March 22, 2011
33
CONSENT AGENDA #4
C. Action on Resolution No. 33-11, a Resolution appointing election
judges for the April 12th Municipal Election.
Pursuant to state law, action is needed to appoint the superintendents and
deputies for the April 12th Municipal Election.
Resolution No. 33-11
Appointment of Election Judges
Whereas, a City of Brookings Municipal Election will be held on April 12, 2011 for the positions
of two Council members; and
Whereas, as required by SDCL 9-13-16.1, the City Council must appoint Election
Superintendents and Deputies and set their rate of compensation; and
Whereas, the following superintendents and deputies are hereby appointed at a rate of $10.50
per hour for superintendents, $10.00 per hour for deputies, and a flat fee of $20.00 for the
April 11, 2011 Election School: RESOLUTION BOARD: David Peterson, Larry Hult, and Ken
Ahartz as Alternate; PRECINCT 1 – Tompkin’s Alumni Center: Bobbe Bartley, Superintendent,
LaRayne Wahlstrom, Barb Telkamp, and Richard Wahlstrom as Alternate; PRECINCT 2 – 1st
Lutheran Church: Neva Jean Corlett, Superintendent, Norma Linn, Marcella headley, and Dona
Kornbaum as Alternate; PRECINCT 3 – City Hall: Verle Barg, Superintendent, Barb
Woolworth, Russell Lokken, and Carol Dusharm as Alternate; PRECINCT 4 – Ascension
Lutheran Church: Marilyn Foerster, Superintendent, Sharon Anderegg, Robert Bell, and
LaVonne Kurtz as Alternate; PRECINCT 5 – Bethel Baptist Church: Joann Kruse,
Superintendent, Marlys Berkland, Bev Carlson, and Marlys Schutt as Alternate; and PRECINCT
6 – United Church of Christ: Kris Cooper, Superintendent, Mary Peterson, Charleen Forsyth,
and Dorothy Williamson as Alternate.
Passed and approved this 22nd day of March, 2011.
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City Council Packet
March 22, 2011
34
CONSENT AGENDA #4
D. Action on Resolution No. 34-11, A Resolution authorizing the
Brookings Summer Arts Festival Committee to have exclusive
use of Pioneer Park.
Resolution No. 34-11
A Resolution Authorizing the Brookings Summer Arts Festival
Committee to Have Exclusive Use of Pioneer Park
Whereas, the Brookings Summer Arts Festival will be held in Pioneer Park on July 6-11, 2011,
and
Whereas, the Summer Arts Festival Committee has requested the exclusive use and control of
Pioneer Park and its facilities for said festival, plus additional days for preparation and takedown,
and
Whereas, the Summer Arts Festival Committee will provide evidence of liability insurance
coverage including the City of Brookings as named insured, and
Whereas, the Summer Arts Festival Committee has agreed to accept responsibility for the
conduct of the Summer Festival on said premises, now therefore,
Be It Hereby Resolved, that the use of Pioneer Park and its facilities as a public park shall
terminate for the period of July 6 through July 11, 2011.
Be It Further Resolved, that the City Council does hereby grant the exclusive use of Pioneer
Park and its facilities during the Brookings Summer Arts Festival to the Summer Arts Festival
Committee.
Further, It Is Resolved, that the Summer Arts Festival Committee shall be responsible for
maintaining said facilities and cleaning them and returning them to the City of Brookings in good
condition following the festival.
Passed and approved this 22nd day of March 2011.
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City Council Packet
March 22, 2011
35
CONSENT AGENDA #4
E. Action on an appointment to the Disability Committee.
Mayor Tim Reed is recommending the appointment of Sylvia Alejandra
Lozada to the Brookings Committee for People who have Disabilities. Ms.
Lozada would fill the vacant SDSU Student Position. The term expires
5/1/2011.
City Council Packet
March 22, 2011
36
CONSENT AGENDA #4
F. Action on Resolution No. 36-11, Bridge Reinspection Program
Resolution for use with SDDOT Retainer Contracts.
The South Dakota Department of Transportation has a supportive role in
the bridge inspection program. The National Bridge Inspection Standards
(NBIS) Program requires inspection of all bridges and box culverts.
According to Title 23, Section 151, United States Code and Title 23, Part
650, Subpart C, Code of Federal Regulations, all bridges are required to be
inspected at intervals not to exceed two years with the exception of
reinforced concrete box culverts that meet specific criteria. The City of
Brookings has three bridges and one box culvert that are due for
inspections in 2011.
One advantage to following the above standards is the Federal Bridge
Replacement Funds can be utilized to hire consultants for the inspections.
SDDOT will secure the federal approvals, make the payments to the
Consulting Engineer for inspection services rendered, and bill the City for
20% of the cost. The City of Brookings will be responsible for the required
20% matching funds. This is a great benefit to the City, as SDDOT pays for
80% of the inspection costs from the bridge replacement funds. This is also
one of the few federal mandates that are partially funded.
The City of Brookings has chosen Clark Engineering Corporation as the
consultant for this project. Their company has experience with bridge
inspections and they performed the 2009 bridge inspection for Brookings.
To give the City Council an approximate cost, the 2009 inspection was
$4,249.77, of which $849.95 was the City’s share. This resolution will
authorize the SDDOT to enter into a contract with Clark Engineering
Corporation for the bridge inspection program for the City of Brookings.
City Council Packet
March 22, 2011
37
Resolution No. 36-11
Bridge Reinspection Program Resolution
for use with SDDOT Retainer Contracts
Whereas, Title 23, Section 151, United States Code and Title 23, Part 650, Subpart C, Code of
Federal Regulations, requires initial inspection of all bridges and reinspection at intervals not to
exceed two years with the exception of reinforced concrete box culverts that meet specific
criteria. These culverts are reinspected at intervals not to exceed four years.
Therefore, the City of Brookings is desirous of participating in the Bridge Inspection Program
using Bridge Replacement funds.
The City of Brookings requests SDDOT to hire Clark Engineering Corporation (Consulting
Engineers) for the inspection work. SDDOT will secure federal approvals, make payments to
the Consulting Engineer for inspection services rendered, and bill the City for 20% of the cost.
The City of Brookings will be responsible for the required 20% matching funds.
There are a total of four (4) bridges in the City of Brookings, South Dakota that require
inspection.
Dated this 22nd day of March, 2011, at Brookings, South Dakota.
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City Council Packet
March 22, 2011
38
Open Forum
5. Invitation for a Citizen to schedule time on the Council Agenda
for an issue not listed.
At this time, any member of the public may request time on the agenda for
an item not listed. Items are typically scheduled for the end of the meeting;
however, very brief announcements or invitations will be allowed at this
time.
6. SDSU Student Senate Report.
President – Mark York
Vice-President – Anthony Sutton
Administrative Assistant – TBA
Finance Chair – TBA
State & Local Chair – TBA
New Website address: http://www.wix.com/sdsu_sa/sa
Student Senate Elections were held March 2-3. Officers will be sworn in on
Monday, March 21st. All executive committee positions will be filled by
April 4th.
City Council Packet
March 22, 2011
39
Contract Awards / Change Orders
7. Action on Resolution No. 41-11, awarding contract on pole
building lumber and steel.
Two bids were received on March 15th for the forestry shop addition, a 40
ft. X 64 ft. steel covered pole building. Construction coordination and
labor will be by city force labor (Park Building Trades Specialists), with the
overhead doors, heating and electrical by quotation from local contractors.
Budget for building materials is $30,000. Recommendation is to award the
contract to Pro-Build of Brookings for $28,336.94.
Resolution No. 41-11
Resolution Awarding Bid for Forestry Shop Building Materials
Whereas, the City of Brookings held a bid letting at 1:30 p.m. on Tuesday, March 15, 2011; and
Whereas, the City of Brookings has received the following bid(s) for Forestry Shop Building
Materials:
Company Bid Price
Pro-Build of Brookings $28,336.94
Homestead Do-It Center $29,028.56
Now Therefore, Be it Resolved that the bid from Pro-Build of Brookings in the amount of
$28,336.94 be accepted.
Passed and approved this 22nd day of March 2011.
CITY OF BROOKINGS
ATTEST
Tim Reed, Mayor
Shari Thornes, City Clerk
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City Council Packet
March 22, 2011
40
Contract Awards / Change Orders
8. Action on Resolution No. 42-11, awarding contract on concrete
golf cart paths.
One bid was received on March 15th from Howrey Construction of
Rockwell City, Iowa. One local firm also requested specifications, but did
not bid. Howrey Construction was the contractor three years ago when
we built the first phase of cart paths and did an excellent job for us. The
unit price on this bid is slightly less than 10% higher than in 2008, a very
satisfactory bid. Recommendation is to award the bid to Howrey
Construction for $42,450. Budgeted amount is $45,000.
Resolution No. 42-11
Resolution Awarding Bid for EdgeBrook Golf Course Cart Paths
Whereas, the City of Brookings held a bid letting at 1:30 p.m. on Tuesday, March 15, 2011; and
Whereas, the City of Brookings has received the following bid(s) for EdgeBrook Golf Course
Cart Paths:
Company
Howrey Construction
Base Bid $40,000
Optional Bid $ 2,450
TOTAL $42,450
Now Therefore, Be it Resolved that the bid from Howrey Construction in the amount of
$42,450 be accepted.
Passed and approved this 22nd day of March 2011.
CITY OF BROOKINGS
ATTEST Tim Reed, Mayor
Shari Thornes, City Clerk
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City Council Packet
March 22, 2011
41
Contract Awards / Change Orders
9. Action on Resolution No.37-11, authorizing Change Order No. 1
(Final) for 2010-08STI Street Maintenance Project, Bowes
Construction Inc.
This project is the annual street maintenance project which entails street repairs and
asphalt overlays on various streets in Brookings. This project was broken down into
two work schedules which were: Schedule A: Asphalt F.O.B. Plant (freight on board) –
asphalt patching material the Street Department picks up at the plant to repair street
patches throughout the City, and Schedule B: Overlays – digouts, asphalt milling and
overlays on designated streets which are:
3rd Street from 3rd Avenue to Main Avenue and the intersection of 3rd Street and
5th Avenue (mill and overlay)
17th Avenue South from 8th Street South to 12th Street South (mill, overlay and
striping)
Derdall Drive from 22nd Avenue to the east end of culdesac (mill and overlay)
Cardinal Drive near Deer Pass (digout and overlay)
Brooklawn Drive from Medary Avenue to the west end of culdesac (mill and
overlay)
34th Avenue from 6th Street to Highway 14 Bypass (digout repair)
34th Avenue from Highway 14 Bypass to the Landfill (digout repair)
32nd from Lefevre Drive to the south 400 feet (digout repair and overlay)
Alley from 7th Street to the south between 8th Avenue and 9th Avenue (mill and
overlay)
This project has been completed and is ready to be closed out. The contractor
completed all of the above listed street work in 2010 except for 32nd Avenue between
6th Street and Highway 14 Bypass. The contract for this project was the total of two
schedules which was $495,170.23. The final project cost was a decrease of $72,482.76
to the contract, which was due to not completing the digout and overlay on 32nd
Avenue between 6th Street and Highway 14 Bypass. The funding that was not spent in
2010 for the 34th Avenue work between 6th Street and Highway 14 Bypass will be
brought forward in a budget amendment in 2011 so the repairs can be made.
The 32nd Avenue street construction project between 6th Street and Prince Drive also
caused delays to the Bowes contract since the City did not want 32nd Avenue south of
6th Street to be under construction during the same time that 34th Avenue was closed.
The contractor exceeded the October 15, 2010 contract deadline by 15.5 working
days. The City recommends granting 9 working days credit, which was the number of
days the contractor worked on 32nd Avenue south of 6th Street, since the City
requested the delay due to the 34th Avenue project. This results in 6.5 working days at
$100 per day being charged to the contract. The summary is as follows:
City Council Packet
March 22, 2011
42
Original Contract Price: $495,170.23
Increase from previously approved Change Orders: $0.00
Contract price prior to this Change Order: $495,170.23
Decrease of this Change Order: $72,482.76
Contract Price incorporating this Change Order: $422,687.47
This resolution will approve the Change Order No. 1(CCO#1 Final) for a decrease of
$72,482.76 and will extend the substantial completion date by 9 days to the contract,
which will result in 6.5 working days at $100 per day being charged to the contract with
Bowes Construction Company, Inc.
City Manager recommendation: I recommend granting an extension of 9 working days
to the contract due to the delay caused by the 34th Avenue construction project, and I
recommend charging the contractor for 6.5 working days.
Resolution No. 37-11
A Resolution Authorizing Change Order No. 1 (CCO#1 Final) for
2010-08STI Street Maintenance Project
Bowes Construction Inc.
Be It Resolved by the City Council that the following change order be allowed for 2010-08STI
Street Maintenance Project:
- Construction Change Order Number 1
- Adjust contract cost to as-built quantities for a total decrease of $72,482.76 to the
contract.
- Adjust contract completion date by 9 working days to close out the project, which will
result in 6.5 working days at $100 per day being charged to the contract.
Passed and approved this 22nd day of March 2011.
CITY OF BROOKINGS
_________________________
Tim Reed, Mayor
ATTEST:
____________________________
Shari Thornes, City Clerk
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City Council Packet
March 22, 2011
44
Contract Awards / Change Orders
10. Action to award contracts for the Brookings City and County
Government Center, Bid Package Number One.
TO: Mayor and City Council Members
Brookings County Board Members
FROM: City Manager Jeff Weldon
Commission Assistant Stephanie Ellwein
RE: Contract award recommendations for Bid Package #1; Joint City/County
Building
Attached are the contract award recommendations for eight (8) of the construction
packages that constitute Bid Package #1 for our joint project pursuant to the bid
opening of March 9, 2011. The bids have been verified by the Construction Manager
and presented to the Joint Powers Board, which recommended approval of contract
awards at their meeting of March 11, 2011.
Attached are the contract award recommendations. Also attached is the total bid
tabulation for all eight construction packages. The final attachment compares the
contract awardee recommendation with the budget estimates of the Design
Development Budget.
As you can see, for Bid Package #1, the project is so far $654,153 under the Design
Development budget.
The next construction budget revision will convert the estimates of these eight
construction contracts to the bid amount and the budgeted surplus will be itemized as a
supplemental amount until after Bid Package #2.
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City Council Packet
March 22, 2011
45
March 11, 2010
Joint Powers Board for the City and County of Brookings
311 Third Avenue, PO Box 270
Brookings, South Dakota 57006
ATTENTION: Mr. Jeffery Weldon
RE: BROOKINGS CITY & COUNTY GOVERNMENT CENTER
RECOMMENDATION FOR CONTRACT AWARD
BID PACKAGE #1
Dear Mr. Weldon:
Based upon bid results and the results of our pre-award conferences with the apparent
low bidder, we are making a recommendation for award of the following prime
contracts.
Contract # Contractor/Description Contract Amount
0330 Peska Construction, Inc. $ 697,000
2700 N. 4th Avenue
Sioux Falls, South Dakota 57104
0340 & 0510 Gil Haugen Construction, Inc. $ 460,400
200 E. 60th Street North
Sioux Falls, South Dakota 57104
0420 Olson Masonry $ 464,940
4214 Western Avenue South
Brookings, South Dakota 57006
0512 Egger Steel Company $ 995.600
909 South 7th Avenue
Sioux Falls, South Dakota 57104
1420 Schindler Elevator Corporation $ 138,000
3000 Justin Drive Suite F
Urbandale, IA 50322
City Council Packet
March 22, 2011
46
3100 Mills Construction, Inc. $ 684,000
1311 Main Avenue South
Brookings, South Dakota 57006
3210 Bowes Construction, Inc. $ 83,182
2915 22nd Avenue South
Brookings, South Dakota 57006
Total $ 3,523,122
Authorization to award the above referenced contract(s) at the Joint Powers
Board for the City and County of Brookings meeting on Tuesday, March 22, 2011,
will allow the project to proceed on schedule.
Thank you, and please call with any questions.
Yours very truly,
Tom Ginter
Project Manager
TG:vv
cc: Architect
File
8300 Norman Center Drive Suite 770 Minneapolis, MN 55437 (952) 831-5408 (800) 290-0119 Fax (952) 831-1268
CMAA
Construction Management Association of America
Contract # - DescriptionBase BidTotalContractor NameContract Amt.Contract # 0330 - Cast-In-Place ConcretePeska Construction, Inc.$697,000 $697,000Mills Construction, Inc.$794,000 $794,000Gill Haugen Construction, Inc.$813,700$813,700Waltz Construction Company$814,250 $814,250Steenberg-Watrud Construction$836,925 $836,925Clark Drew Construction$850,500$850,500Kelleher Construction, Inc.$1,059,490$1,059,490Contract # 0340 - Precast Structural ConcreteBid Tabulation for Bid Package #1 03/09/11 Bid OpeningBROOKINGS CITY/COUNTY GOVERNMENT CENTERPrepared By: Bossardt CorporationPage 1Contract # 0340 - Precast Structural Concrete &Contract # 0510 - Structural Steel - ErectionGil Haugen Construction, Inc$460,400 $460,400Contract # 0340 - Precast Structural ConcreteSouix Falls Construction Company$280,000$280,000Fiegen Construction Corporation$293,000$293,000Hanson Structural Precast, Inc.$357,276$357,276Prepared By: Bossardt CorporationPage 1
Contract # 0420 - MasonryOlson Masonry, Inc.$464,940 $464,940Rupp Masonry$535,800 $535,800Jensen Masonry, Inc.$557,775$557,775S & S Masonry, Inc.$597,000$597,000Rice Lake Contracting Corporation$608,250$608,250M & L Masonry, Inc.$616,900$616,900Bladholm Construction, Inc.$675,726$675,726Steenberg Watrud Construction LLC $697,687 $697,687Contract # 0510 - Structural Steel - ErectionGray Construction Company$279,000$279,000Fiegen Construction Corporation$292,000$292,000Mills Construction, Inc.$312,000$312,000Sioux Falls Construction Company$344,000$344,000MCSE, Inc. dba Mid Centeral Steel Erectors$399,000$399,000Prepared By: Bossardt CorporationPage 2Contract # 0512 - Structural Steel - SupplyEgger Steel Company$995,600 $995,600P & M Steel Company$1,099,650 $1,099,650LeJeune Steel Company$1,110,900$1,110,900Mid America Steel, Inc.$1,131,232$1,131,232Katelmann Steel Fabracation, Inc.$1,135,000$1,135,000Construction Systems, Inc.$1,159,464$1,159,464Ben's Construction$1,193,295$1,193,295 Contract # 1420 - ElevatorsPrepared By: Bossardt CorporationPage 2
Schindler Elevator Corporation$138,000 $138,000Kone, Inc.$152,000 $152,000ThyssenKrupp Elevator Corporation$168,634$168,634Otis Elevator Company$177,900$177,900Schumacker Elevator$220,699$220,699Minnesota Elevator, Inc.$283,501$283,501Contract # 3100 - Earthwork/UtilitiesMills Construction, Inc.$684,000 $684,000Bowes Construction$753,651 $753,651Contract #3210 - Asphalt PavingBowes Construction$83,182 $83,182Mills Construction, Inc.$95,000$95,000Prepared By: Bossardt CorporationPage 3Mills Construction, Inc.$95,000$95,000Prepared By: Bossardt CorporationPage 3
Combined Bids #0330 & #0420 Steenberg-Watrud Construction$1,524,612$1,524,612Combined Bids #0330 & #0510 Mills Construction, Inc.$106,700 $106,700Combined Bids #0330 & #3100Mills Construction, Inc.$1,438,000 $1,438,000Combined Bids #0330, #0510, & #3100Mills Construction, Inc.$1,731,000 $1,731,000Combined Bids #0330, #0510, #3100, & #3210Mills Construction, Inc.$1,816,000 $1,816,000Combined Bids #0340 & #0510Prepared By: Bossardt CorporationPage 4Gill Haugen Construction, Inc.$460,400$460,400Fiegen Construction Corporation$575,000$575,000Souix Falls Construction Company$598,000$598,000Combined Bids #0510 & #3100Mills Construction, Inc.$957,000 $957,000Combined Bids #3100 & #3210Bowes Construction$827,268 $827,268Prepared By: Bossardt CorporationPage 4
BROOKING CITY & COUNTY ADMIN BUILDINGBUDGET / BID PACKAGE#1 REPORTESTIMATED ESTIMATE# DESCRIPTION APP. LOW BIDDER COSTS BASE BID vs. BIDneg = over330 CIP CONCRETEPeska Construction, Inc$798,125 $697,000$101,125340/0510 PRECAST STRUCTURAL CONCRETE/STRUCTURAL STEEL - ERECTIONGil Haugan Construction, Inc$640,793 $460,400$180,393420 MASONRYOlson Masonry, Inc.$536,250 $464,940$71,310510 STRUCTURAL STEEL - ERECTIONSee 340/510$0$0$0512 STRUCTURAL STEEL - SUPPLYEgger Steel Company$1,235,371 $995,600$239,7711420 ELEVATORSSchindler Elevator Corp.$281,000 $138,000$143,0003100 EARTHWORK/UTILITIESMills Construction Inc.$633,200 $684,000($50,800)3210 ASPHALT PAVINGBowes Construction, Inc$52,536 $83,182($30,646)BP#2 BID PACKAGE #2 CONTRACTS$5,598,466 $5,598,466$0CONSTRUCTION SUPPORT/SUPERVISION$437,000 $437,000$0CM FEE / GENERAL CONDITIONS$335,148 $335,148$0ADJUSTMENTS$0$0$0SUB-TOTAL CONST. COSTS:$10,547,889 $9,893,736$654,153CONTINGENCY$504,300 $504,300$0TECHNOLOGY$205,000 $205,000$0CONSULTANTS / TESTING$788,525 $788,525$0FURNISHINGS / EQUIPMENT$0$0$0ENVIRONMENTAL$0$0$0SAC / WAC$201,079 $201,079$0TOTAL PROJECT COSTS:$12,246,793 $11,592,640$654,1533/9/2011G:\TEMPLATE\4BIDAWRD\3BIDANAL\BGT-BID.XLS
City Council Packet
March 22, 2011
52
First Reading
11. Ordinance No. 06-11: An Ordinance pertaining to an application
for a Conditional Use for a Brewpub in the Business B-1 District,
East 65 feet of Lots 15 and 16, Block 14, Second Addition, also
known as 309/311 5th Street.
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.
Applicant: Wooden Legs Brewing Company
Proposal: Establish a brewpub in the Central Business District
Background: This parcel contains a one-story building with 5,120 square feet of area.
The building was constructed in 1956 for a Legion Hall. It has also served as a restaurant
and offices. It is bounded on the east by an alley, a parking lot to the north and offices to
the west.
Specifics: The petitioner has submitted data explaining how the business will operate.
An aerial view is also available in your packet. The standards that must be addressed are
as follows:
Sec. 94-260.3 Brewpub
A brewpub shall comply with the following conditions:
- 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.
- A malt beverage manufacturer’s license must be obtained per state law
- An alcohol beverage license must be obtained per city ordinance
- The brewery shall not produce more than 1,500 barrels of beer or ale per year.
A barrel contains thirty-one (31) gallons.
- The method and frequency of grain shipments to the site shall be provided
- The method and frequency of spent grain disposal shall be provided
Recommendation: The Planning Commission voted 7 yes and 0 no to recommend
approval of the conditional use.
City Council Packet
March 22, 2011
53
Ordinance No. 06-11
An ordinance pertaining to an application for a Conditional Use for a Brewpub in
the Business B-1 District.
Be it ordained by the governing body of the City of Brookings, South Dakota that said
Conditional Use shall be approved for a Brewpub on the east 65 feet of Lots 15 and 16, Block
14, Second Addition with the following conditions:
None.
All sections and ordinances in conflict herewith are hereby repealed.
First Reading: March 22, 2011
Second Reading:
Published:
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City Council Packet
March 22, 2011
62
Planning Commission
Brookings, South Dakota
March 1, 2011
OFFICIAL MINUTES
Chairperson Al Heuton called the regular meeting of the City Planning Commission to
order on March 1, 2011, at 7:00 PM in the Council Chamber at City Hall. Members present
were Wayne Avery, Hal Bailey, Donna DeKraai, Greg Fargen, Alan Gregg, John Sydow, and
Heuton. John Gustafson and Mike Cameron were absent. Also present were Wayne Wagner,
Seth Koch, Shawn Storhaug, Deb Delaney, Daryl Wheeldon, Community Development
Director Mike Struck, City Engineer Jackie Lanning, Planning and Zoning Administrator Dan
Hanson and others.
Item #4 – Wooden Legs Brewing Company has submitted an application for a Conditional Use
on the east 65 feet of Lots 15 & 16, Block 14, Second Addition. The request is to establish a
brewpub in the Business B-1 District.
(Gregg/Avery) Motion to approve the Conditional Use. All present voted aye.
MOTION CARRIED.
SUMMARY OF DISCUSSION
Item #4 – Seth Koch, CEO and Brewmaster of Wooden Legs Brewing Company, summarized
his operation for the commission. He anticipated a yearly production of 350 barrels from a ½
barrel system. He would use about 280 pounds of grain per week or about 300 bushels
annually. The grain would be delivered by truck to a storage area in the rear of the building.
He would make local contacts for disposal of the spent grain.
Heuton asked if the spent grain would be stored inside. Koch replied that it would be in
sealed containers in a storage room. Fargen asked if the footprint of the building would change.
Koch replied that a variance had been obtained that would allow for an addition to be built off
the rear of the building. This would provide additional storage area.
City Council Packet
March 22, 2011
63
First Reading
12. Ordinance No. 07-11: An Ordinance pertaining to an application
for a Conditional Use for an Office in the Residence R-2 District,
Lot 3, Block 3, Hill Park Addition, also known as 1112 6th Street.
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.
Applicant: CALA, LLC
Proposal: Convert a dwelling unit into an office
Background: The building on this lot was a boardinghouse until 1988. A special
exception was granted in April 1988, to allow for the house to be converted into a 4-
plex. Each unit contains one bedroom and is typically occupied by one tenant. There
were 11 parking spaces established for the 4-plex in 1988.
Specifics: The building has two (2) dwelling units on each floor. The office would be
located in the west unit on the main floor. The standards that pertain to an office use in
the Residence R-2 District are as follows:
Sec. 94-290. Office:
Such uses shall be located on a collector or arterial street. Special attention shall be given
to the architectural compatibility with surrounding residential properties. Consideration
shall be given to the traffic generated by such use, the type of sign, the hours of operation
and the character of the use. Parking shall be screened from any adjacent residential
area.
Parking requirements for each dwelling unit in this building are 2/unit. Parking spaces for
an office are generally one (1) space per 200 square feet for the first 1,000 square feet.
Recommendation: The Planning Commission voted 5 yes and 0 no to recommend
approval of the conditional use.
City Council Packet
March 22, 2011
64
Ordinance No. 07-11
An ordinance pertaining to an application for a Conditional Use for an Office in the
Residence R-2 District.
Be it ordained by the governing body of the City of Brookings, South Dakota that said
Conditional Use shall be approved for an Office on Lot 3, Block 3, Hill Park Addition with the
following conditions:
Office to occupy apartment # 2 at 1112 6th Street
All sections and ordinances in conflict herewith are hereby repealed.
First Reading: March 22, 2011
Second Reading:
Published:
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City Council Packet
March 22, 2011
70
Planning Commission
Brookings, South Dakota
March 1, 2011
OFFICIAL MINUTES
Chairperson Al Heuton called the regular meeting of the City Planning Commission to
order on March 1, 2011, at 7:00 PM in the Council Chamber at City Hall. Members present
were Wayne Avery, Hal Bailey, Donna DeKraai, Greg Fargen, Alan Gregg, John Sydow, and
Heuton. John Gustafson and Mike Cameron were absent. Also present were Wayne Wagner,
Seth Koch, Shawn Storhaug, Deb Delaney, Daryl Wheeldon, Community Development
Director Mike Struck, City Engineer Jackie Lanning, Planning and Zoning Administrator Dan
Hanson and others.
Item #5 – CALA, LLC has submitted an application for a Conditional Use to establish an office
on Lot 3, Block 3, Hill Park Addition (1112 6th Street, Apt #2)
(Sydow/Bailey) Motion to approve the Conditional Use as presented. All present voted
aye. MOTION CARRIED.
SUMMARY OF DISCUSSION
Item #5 – Shawn Storhaug of Brookings Property Management, stated he wanted to operate a
rental office out of one of the apartments. He felt he would be at the location for a few years
before moving to a commercial site. The office would be open a few hours each day for him to
do reports, office work and sign leases.
Heuton asked how many rental properties were managed by the company. Storhaug
replied 70 units. Heuton felt a parking shortage could result from operating the office from this
location. He referenced the information supplied by Storhaug stating that 9 parking spaces
were available but 5 were reserved for 1114 6th Street. This left only 4 spaces for 1112 6th
Street. If the office contained 1,000 square feet, it would need 5 spaces.
Gregg asked how the request should be handled if a variance is required.
Hanson responded that the commission determines only the impact of the use on adjoining
properties and its appropriateness to the site. If a variance was needed, it would have to be
submitted to the Board of Adjustments for action.
Heuton asked how much traffic would likely be generated by the office use. Storhaug
replied that some leases are signed at houses, some are mailed and some are signed at the
office. Most leases are signed in the late afternoon or evening.
City Council Packet
March 22, 2011
71
First Reading
13. Ordinance No. 08-11: An Ordinance rezoning Lot 3, Block 10,
Folsom Addition and the vacated street lying between Blocks 10
and 11, Folsom Addition from a class Industrial I-1 District to a
class Residence R-3A District.
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.
Applicant: Deborah Delaney
Proposal: Rezone an industrial lot to a high-density residential use
Background: The zoning ordinance and map that were created in conjunction with the
1966 Comprehensive Plan zoned this neighborhood for industrial I-1 uses. A few years
later, three Folsom Addition blocks abutting 1st and 2nd Avenue South were rezoned to
R-3A. Another block was rezoned to R-3A in 1974, and eventually the neighborhood
was split primarily into two districts as shown on the map in your packet.
Specifics: The parcel contains a lot and a vacated street. The total area equals 16,240
square feet. A single-family home currently exists in the northeast corner.
If rezoned, several options are possible. A single-family or two-family dwelling could be
erected on the “vacated street” lot. The existing house could also be removed, and the
entire parcel could be redeveloped with an apartment. The density could be as high as
nine (9) units, but that would depend on several design issues.
The parcel is adjacent to an industrial I-1 district to the east and north, an I-2 district to
the west and an R-3A district to the south.
Recommendation: The Planning Commission voted 4 yes and 3 no to recommend
approval of the rezoning.
City Council Packet
March 22, 2011
72
Ordinance No. 08-11
An Ordinance to Change the Zoning within the City of Brookings
Be It Ordained By the City of Brookings, South Dakota:
Section 1. That the real estate situated in the City of Brookings, County of Brookings, State of
South Dakota, described as follows, to-wit:
Lot 3, Block 10, Folsom Addition and the vacated street lying between Blocks 10 and 11,
Folsom Addition
be and the same is hereby rezoned and reclassified from a class Industrial I-1 District to a class
Residence R-3A District
In accordance with Section 94-7 of Article I of Ordinance 25-02 of the Code of Ordinances of
Brookings, South Dakota, as said districts are more fully set forth and described in Articles III
and IV, Chapter 94 of Ordinance No. 25-02 of the City of Brookings, South Dakota.
Section 2. The permitted use of the property heretofore described be and the same is hereby
altered and changed in accordance herewith pursuant to said Ordinance No. 25-02 of the City
of Brookings, South Dakota.
Section 3. All sections and ordinances in conflict herewith are hereby repealed.
First Reading March 22, 2010
Second Reading and Adoption
Published
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City Council Packet
March 22, 2011
77
Planning Commission
Brookings, South Dakota
March 1, 2011
OFFICIAL MINUTES
Chairperson Al Heuton called the regular meeting of the City Planning Commission to
order on March 1, 2011, at 7:00 PM in the Council Chamber at City Hall. Members present
were Wayne Avery, Hal Bailey, Donna DeKraai, Greg Fargen, Alan Gregg, John Sydow, and
Heuton. John Gustafson and Mike Cameron were absent. Also present were Wayne Wagner,
Seth Koch, Shawn Storhaug, Deb Delaney, Daryl Wheeldon, Community Development
Director Mike Struck, City Engineer Jackie Lanning, Planning and Zoning Administrator Dan
Hanson and others.
Item #7 – Deborah Delaney has submitted a petition to rezone Lot 3, Block 10, Folsom
Addition and the vacated street lying between Blocks 10 and 11, Folsom Addition from an
Industrial I-1 District to a Residence R-3A District.
(Fargen/Bailey) Motion to approve the rezoning. Bailey, Gregg, DeKraai, and Sydow
voted aye. Fargen, Avery, and Heuton voted no. All present voted aye. MOTION CARRIED.
SUMMARY OF DISCUSSION
Item #7 – Delaney stated that her family lived in a residence on the land for 56 years. The
house was now uninhabitable and the plan was to raze it and build a new home. A separate
Habitat for Humanity house would also be built on an adjacent parcel.
Daryl Wheeldon, an abutting property owner, stated the current building setback was
20 feet but if the R-3A zoning was approved, the setback would increase to 50 feet for the
south side of his lot. Hanson clarified that a 50 foot landscape buffer was required whenever an
industrial district bordered a residential district. No buildings, storage or other uses could be
located in the buffer.
DeKraai asked what part of the lot was being used now. Wheeldon
replied that there was some storage on the south end of the lot.
Heuton was concerned about an R-3A district encroaching into the I-1 district. He
noted that industrial district zoning surrounded the Delaney property on three sides. Fargen
asked if Delaney had other options for building a residence on the lot. Hanson replied no.
DeKraai inquired as to the distance from Wheeldon’s shop to Delaney’s lot line.
Delaney estimated that it was a little less than 50 feet.
Fargen remarked that the direct impact to the Wheeldon property was quite substantial
if the Delaney land was rezoned.
DeKraai asked if Delaney could rebuild the existing house. Delaney replied that the
house needed so much work that it would be cheaper to build new. She also noted that a
maximum 25% expansion was all that was allowed for legal nonconforming uses.
City Council Packet
March 22, 2011
78
Sec. 94-128. RESIDENCE R-3A APARTMENTS/MOBILE HOMES/
MANUFACTURED HOUSING.
(a) Intent. This district is intended to provide for areas of residential use with a gross density of
seven to twenty-four dwelling units per acre. This district provides for single-family, two-family,
apartments, condominiums, townhouses, fraternities, sororities, mobile homes, manufactured
homes, mobile home parks plus support facilities such as schools, parks, churches and community
and public buildings.
(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 Residence R-3A
Apartment/Mobile Homes/Manufactured Housing District.
(c) Permitted Uses.
1. Single-family dwelling including accessory uses incidental thereto such as private
garages, parking areas, etc.
2. Two-family dwelling including accessory uses incidental thereto such as private
garages, parking areas, etc.
3. Single-family zero (0') side yard dwelling
4. Apartment or condominium
5. Townhouse
6. Fraternity and sorority
7. Family day care
8. Single mobile home/manufactured home with not less than 720 square feet of gross
floor area including accessory uses incidental thereto such as private garages, parking
areas, etc.
(d) Permitted Special Uses.
1. All permitted special uses and conditions as stated in Section 94-124(d)(R-1A) and
Section 94-127(d)(R-3).
2. All permitted special uses and conditions as stated in Section 94-125(d)(R-1B),
excluding family day care.
3. All permitted special uses and conditions as stated in Section 94-126(d)(R-2),
excluding single family zero (0') side yard dwellings and family day care.
(e) Conditional Uses.
1. Public recreation facility
2. Non-municipal library, museum, art gallery, community center, private club or lodge
3. Major home occupation
4. Vocational or trade school
5. Office
6. Mobile home/manufactured housing park
7. Bed and breakfast establishment
(f) Density, Area, Yard and Height Regulations.
The R-3A district regulations shall be as follows:
City Council Packet
March 22, 2011
79
Per Min. Min. Min. Min. Min. Max.
Unit Lot Lot Front Side Rear Height
Density Area Width Yard Yard Yard
Sq.Ft. Sq.Ft.
Single-Family
Dwelling 6,000 50' 20' 7' 25' 35'
Two dwelling
Units 8,400 65' 20' 7' 25' 35'
SF Attached
0' Sideyard 9,600 75' 20' 0' or 7' 25' 35'
2 Units on non-party wall
3 Units 12,000 90' 20' 0' or 7' 25' 35'
on n on-party wall
4 Units 14,000 105' 20' 0' or 7' 25' 35'
on non-party wall
Apts., Condos,
Townhouses*
(3 or more Units) 1,815** 10,000 75' 20' 7'*** 25' 45'
Other Allowed Uses 6,000 50' 20' 7'*** 25' 45'
*Three hundred (300) square feet of landscaped area shall be provided for each dwelling unit exclusive of required
building setback areas, access drives and parking lots. Two thirds (2/3) of the landscaped area shall be located in a
continuous, single tract which contains no portions thereof which are not contiguous, adjacent and abutting to
either the entire width or entire length of said tract. 50% of the required landscaped area may be used for parking
spaces in excess of the minimum requirement. Parking lots shall be screened from single and two-family residential
uses according to Section 94-401.
**A maximum of 24 dwelling units per acre shall be allowed.
***The sideyard will be required to be increased to 10 feet when the building is 3 or more stories in height.
Density per family requirements shall not apply to dormitories, fraternities, sororities, nursing
homes or other similar group quarters where no cooking facilities are provided in individual
rooms.
(g) Accessory Uses. Accessory uses and building permitted in the R-3A 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 R-3A 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 R-3A 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 R-3A District shall be in conformance with the
regulations set forth in article II of this chapter.
City Council Packet
March 22, 2011
80
Second Readings / Public Hearings
14. Public hearing and action on Resolution No. 39-11, a Resolution
approving an Application for Financial Assistance, Authorizing
the Execution and Submittal of the Application, and Designating
an Authorized Representative to Certify and Sign Payment
Requests.
The Brookings City Council approved Resolution No. 97-09 and Resolution
No. 16-11, approving the State Water Plan Application to fund the first
three prioritized storm water projects. The DENR notified the City and
indicated the projects are on the State Water Plan for two years. Since the
Storm Water Project No. 3, 15th Street South and 7th Avenue South
Detention Pond (Pheasant Nest Addition) has not started, it will be
dropped off the State Water Plan and must be reauthorized.
Pursuant to the adoption of the Storm Drainage Master Plan, the City
Council approved a financing plan which included, in part, a loan from the
State Department of Environment and Natural Resources (DENR) through
their Revolving Loan Program (RLF). This is the same program whereby a
loan was secured for some of the utility work at the Innovation Campus.
This application is strictly for the implementation of the third prioritized
drainage project in the City’s Storm Drainage Master Plan (the first two
were started in 2010). The City needs to make separate, subsequent
applications for subsequent projects. As part of the application, the City is
required to hold a public hearing on the loan application. The attached
resolution is a requirement as part of the process and contains pertinent
information that we need to discuss at the public hearing followed by
approval of the attached resolution.
City Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City Council Packet
March 22, 2011
81
Resolution No. 39-11
Resolution Approving an Application for Financial Assistance, authorizing the
Execution and Submittal of the Application, and Designating an Authorized
Representative to Certify and Sign Payment Requests.
Whereas, the City of Brookings (the “City”) has determined it is necessary to proceed with
improvements to its Storm Sewer System, including but not limited to the 15th Street South and
7th Avenue South (Detention Pond) (the “Project”); and
Whereas, the City has determined that financial assistance will be necessary to undertake the
Project and an application for financial assistance to the South Dakota Board of Water and
Natural Resources (the “Board”) has been prepared; and
Whereas, the City has reviewed the Application to be submitted to the Board, true copies of
which are attached hereto, and finds it proper in all respects; and
Whereas, it is necessary to designate an authorized representative to execute and submit the
Application on behalf of the City and to certify and sign payment requests in the event financial
assistance is awarded for the Project,
Now Therefore Be It Resolved by the City as follows:
1. The City hereby approves an Application for financial assistance to the South Dakota Board
of Water and Natural Resources for the Project as set forth with particularity in the
Application attached hereto, which Application is hereby approved.
2. The City Manager is hereby authorized to execute the Application and submit it to the
South Dakota Board of Water and Natural Resources, and to execute and deliver such other
documents and perform all acts necessary to effectuate the Application for financial assistance
submitted to the Board in accordance with all terms herein set forth.
3. The City Manager is hereby designated as the authorized representative of the City to do all
things on its behalf to certify and sign payment requests in the event financial assistance is
awarded for the Project.
Adopted at Brookings, South Dakota, this 22nd day of March 2011.
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City Council Packet
March 22, 2011
82
Second Reading / Public Hearing
15. Ordinance No. 04-11: An Ordinance Creating a Sustainability
Council for the City of Brookings, South Dakota.
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 Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City Council Packet
March 22, 2011
83
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 22, 2011
84
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 22, 2011
85
Second Reading / Public Hearing
16. Public hearing and action on Temporary Liquor License requests
for The Shamrock for events on 3/24–Country Dance, 3/26–KOCF
MMA Event and 4/2–Sigma Phi Delta.
The Shamrock has applied for a temporary liquor licenses for the
following special events:
3/24 Country Dance
3/26 KOCF MMA Event
4/2 Sigma Phi Delta Banquet
Pursuant to changes in state law, all temporary alcohol licenses must be
approved by the City Council through use of a public hearing. All
documents have been filed with the City pertaining to insurance and other
licensing requirements.
Notice of Public Hearing
On Application for Temporary Liquor Licenses
NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of Brookings,
South Dakota, on March 22, 2011, at 6:00 p.m. in the City Council Chambers, 311 Third
Avenue, City of Brookings, will meet in regular session to consider Temporary Liquor Licenses
for The Shamrock, 1104 22nd Avenue South for: 3/24 (Dance), 3/26 (KOCF MMA EVENT), and
4/2 (Sigma Phi Delta Event). 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 11th day
of March, 2011.
Shari Thornes, City Clerk
Published 1 time at an approximate cost: $ .
City Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City Council Packet
March 22, 2011
86
Second Readings / Public Hearings
17. Public hearing and action on Temporary Liquor License requests
for the Swiftel Center for events on 4/2, 4/8-9, 4/16, 4/17 and
4/30/2011.
The Swiftel Center has applied for a temporary liquor licenses for the
following special events:
4/2 Little “I” Dance
4/8-9 Jackrabbit Rodeo Dances
4/16 Buschido Cage Fight
4/17 Willie Nelson Concert
4/30 Wedding Reception
Pursuant to changes in state law, all temporary alcohol licenses must be
approved by the City Council through use of a public hearing. All
documents have been filed with the City pertaining to insurance and other
licensing requirements.
Notice of Public Hearing
On Application for Temporary Liquor Licenses
NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of Brookings,
South Dakota, on March 22, 2011, at 6:00 p.m. in the City Council Chambers, 311 Third
Avenue, City of Brookings, will meet in regular session to consider Temporary Liquor Licenses
for the Swiftel Center, 824 32nd Ave., on the following dates: 4/2, 4/8-9, 4/16, 4/17, and
4/30/2011. NOTICE IS FURTHER GIVEN that any person, persons of the attorney, may appear
and be heard at said scheduled public hearing who are interested in the approval or rejection of
any such application. Dated at Brookings, South Dakota, this 11th day of March, 2011.
Shari Thornes, City Clerk
Published 1 time at an approximate cost: $ .
City Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City Council Packet
March 22, 2011
87
Second Reading / Public Hearing
18. Public hearing and action on Resolution No. 40-11, a Resolution
to Annex the north 1,580 feet of the E½ of the NW¼ of Section
2-T109N-R50W and the abutting rights-of-way of 20th Street
South and Main Avenue South but excluding Lot C, Christie
Addition and Outlots A, 1A, B, and 1B.
Applicant: Dean Christie
Proposal: Annex 44.5 acres into the city
Background: This land has previously been used for agricultural purposes. Existing and
future residential subdivisions and smaller lots surrounding this acreage have been
annexed over the years.
Specifics: The Annexation Plan references community objectives and policies regarding
the annexation of land. It also lists several guidelines that should be examined when an
annexation is proposed. These include the following:
Identify logical extensions of streets and utilities. A south main sanitary sewer
interceptor project has been examined by the city for this general area. Major
streets are in place.
Determine available land and assess the rate of development. The city currently
has about 250 vacant single family lots that front on a developed street. It also
has about 200 acres of unimproved land that could support development within
one year or less. The rate of development has increased for low-density
development and decreased for high density in the last decade.
Identify adverse impacts. No adverse impacts are readily identifiable.
Public services and facilities can be provided. The city currently provides services
in this area now.
Annex land within the future land use area. This area is part of the FLUMAP of
the Vision 2020 Plan.
Lastly, the location of this parcel meets the primary state law requirement that it be
substantially contiguous to the city limits.
Recommendation: The Planning Commission voted 7 yes and 0 no to recommend
approval of the annexation.
City Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City Council Packet
March 22, 2011
88
Resolution No. 40-11
A Resolution to Annex the North 1,580 feet of the E½ of the NW¼ of
Section 2-T109N-R50W and the abutting rights-of-way of 20th Street
South and Main Avenue South but excluding Lot C, Christie Addition
and Outlots A, 1A, B, and 1B.
Whereas, The City of Brookings is authorized pursuant to South Dakota Codified Law 9-4-1 to
annex contiguous territory upon receipt of a written petition, describing said territory sought to
be annexed, signed by not less than three-fourths (3/4) of the legal voters and by the owner or
owners of not less than three-fourths (3/4) of the value of said territory, and
Whereas, The City of Brookings desires to annex the following described property, to wit:
The north 1,580 feet of the east ½ of the NW ¼ of Section 2-T109N-R50W and the
abutting rights-of-way of 20th Street South and Main Avenue South, but excluding Lot C,
Christie Addition and Outlots A, 1A, B, and 1B of the NW ¼ of Section 2-T109N-R50W ,
and
Whereas, the aforesaid land is contiguous to the present boundaries of the City of Brookings, and
Whereas, the City of Brookings has received a Petition for Annexation of Territory signed by the
owners of greater than three-fourths (3/4) of the value of the aforesaid property and by not less
than three-fourths (3/4) of the legal voters residing in said territory, now therefore
Be It Resolved by the City of Brookings, South Dakota, that the property described above is
hereby annexed to the City of Brookings.
Dated this 22nd day of March, 2011.
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City Council Packet
March 22, 2011
89
NOTICE OF HEARING UPON A PETITION FOR ANNEXATION
NOTICE IS HEREBY GIVEN That Dean Christie has submitted a petition for
annexation of the following described real estate situated in Brookings County, South
Dakota, to wit:
The north 1,580 feet of the E½ of the NW¼ of Section 2-T109N-R50W and the
abutting rights-of-way of 20th Street South and Main Avenue South, but excluding
Lot C, Christie Addition and Outlots A, 1A, B and 1B.
NOTICE IS FURTHER GIVEN That said request will be acted on by the City
Planning Commission at 7:00 PM on Tuesday, March 1, 2011, in the Council Chamber
in the lower level of City Hall, Brookings, South Dakota. Any action taken by the City
Planning Commission is a recommendation to the City Council.
Any person interested may appear and be heard in this matter.
____________________________
Dan Hanson
Planning & Zoning Administrator
City Council Packet
March 22, 2011
90
Planning Commission
Brookings, South Dakota
March 1, 2011
OFFICIAL MINUTES
Chairperson Al Heuton called the regular meeting of the City Planning Commission to
order on March 1, 2011, at 7:00 PM in the Council Chamber at City Hall. Members present
were Wayne Avery, Hal Bailey, Donna DeKraai, Greg Fargen, Alan Gregg, John Sydow, and
Heuton. John Gustafson and Mike Cameron were absent. Also present were Wayne Wagner,
Seth Koch, Shawn Storhaug, Deb Delaney, Daryl Wheeldon, Community Development
Director Mike Struck, City Engineer Jackie Lanning, Planning and Zoning Administrator Dan
Hanson and others.
Item #3 – Dean Christie has submitted a petition to annex the north 1,580 feet of the E1/2 of
the NW1/4 of Section 2-T109N-R50W and abutting rights of way of 20th Street South and Main
Avenue South, but excluding Lot C, Christie Addition and Outlots A, 1A, B and 1B.
(Fargen/DeKraai) Motion to approve the annexation. All present voted aye. MOTION
CARRIED.
SUMMARY OF DISCUSSION
Item #3 – Wayne Wagner, President of Oakwood Equity Group, stated he was representing
Dean Christie, owner of the land to be annexed. The future plans involved a residential
subdivision that would include affordable housing and multi-family housing. Commercial
development was also planned. His company had already begun working on storm water
management plans and coordinating with adjacent, future developments.
Heuton noted that some adjacent parcels were not included in the petition. Hanson
responded that those parcels would be addressed at a later date.
City Council Packet
March 22, 2011
93
Other Business
19. Update on Joint City/County Buildings; technology-security-
telephone systems.
TO: Mayor and City Council Members
FROM: City Manager Jeff Weldon
RE: Joint City/County Buildings; technology-security-telephone systems
Staff has been working on some of the final system developments for the building now
that the construction programming is underway with Bid Package #1 completed and Bid
Package #2 about to go out for advertising.
These considerations provide for owner-provided systems such as technology, security,
telephone, and furniture/furnishings. We have engaged the services of Conference
Technologies, Inc. for the audio/visual equipment; Safe-N-Secure Security Equipment for
building security features; and Swiftel Communications for the telephone system. We
have also had Central Business Products, Inc. begin a room analysis for
furniture/furnishings for any furniture we will not take from the existing City Hall.
Below is an analysis of where we currently stand with regard to the above mentioned
items except for the furniture. Our consultant on technology will be at the Council
meeting to provide descriptive information about each of the technology features and
further describe the product behind these numbers.
1) Audio-Visual technology
County portion (52%) $304,115.27
City portion (48%) $280,721.77
TOTAL $584,837.04
Audio-Visual Technology itemized detail (Shared program space)
Paging/mass notification/emergency messaging/security cameras $48,242.82
Sound masking $20,591.32
Kiosk/digital signage/way-finding/building directory/legal notice postings $85,766.06
Community room video-conference center $59,146.09
Council chambers/Board room $279,575.40
Executive Session conference room $63,650.49
Technical control room $27,864.86
TOTAL $584,837.04
Conference technology by conference room (Individual program space)
County Conference Rooms City Conference Rooms
City Council Packet
March 22, 2011
94
Rm. 138 $32,565.29 Rm. 111 $33,500.17
Rm. 237 $39,124.99 Rm. 220 $34,828.15
Rm. 241 $31,344.39 TOTAL $68,325.32
Rm. 312 $31,344.39
TOTAL $134,379.06
AUDIO-VISUAL TECHNOLOGY TOTAL FOR COUNTY: $438,494.33
AUDIO-VISUAL TECHNOLOGY TOTAL FOR CITY: $349,047.09
2) Building Security system
Door security system, panic buttons, alarm system: $72,868.00
County share (52%) $37,891.36
City share (48%) $34,976.64
3) Telephone system
Avaya/Nortel phone system, 4 trunk analog ports, 48 digital trunk ports, 96 digital ports,
16 voice mail ports, 91 voice mail boxes, 17 unified messaging seats, 4 IP phone ports, &
7 wireless headsets. (County system will be re-used and transported into new building;
system will be expanded to accommodate City.)
Phone system: $53,898.06
County share (52%) $28,026.99
City share (48%) $25,871.07
SYSTEM TOTALS for technology, security, & telephone:
County share: $504,412.68
City share: $409,894.80
Action: Informational
City Council Packet
March 22, 2011
95
Other Business
20. Action on Resolution No. 35-11, a Resolution increasing the
Application Fee for new Liquor Operating Agreements.
The enclosed resolution is a fee increase from $25 to $100 for the process
to review and consider applications for any new or unused liquor operating
agreements. This is being done in an effort to recover administrative
costs for processing said applications.
Resolution No. 35-11
A Resolution increasing the Application Fee for
new Liquor Operating Agreements
WHEREAS, the Governing Body for the City of Brookings, South Dakota, has established a
process to review and consider applications for any new or unused liquor operating
agreements; and
WHEREAS, the Office of City Clerk is responsible to process all alcohol applications and, in an
effort to recover administrative costs for processing said applications, has established a minimal,
nonrefundable application fee,
NOW THEREFORE, BE IT RESOLVED, by the Governing Body of the City of Brookings, South
Dakota that the application fee be increased to $100.00 and is payable with the application by
all applicants for new or unused liquor operating agreements.
Passed and approved this 22nd day of March 2011.
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, Brookings City Clerk
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City Council Packet
March 22, 2011
96
Other Business
21. Action on Resolution No. 38-11, a Resolution establishing a one-
time fee for new Liquor Operating Agreements.
To: Mayor and Council, Jeff Weldon, City Manager and Shari Thornes, City Clerk
From: Steven J. Britzman, City Attorney
Date: March 16, 2011
Re: Law pertaining to Issuance of Operating Agreements
Set forth below is the statutory authority for the fees for on-sale Operating Agreements.
There is no other statute which is used for municipalities under local option, so we use
the following statute:
35-4-2. Alcohol sales - Classes of licenses enumerated - Fees.
Classes of licenses, with the fee of each class, follow:
(4) On-sale--in municipalities of various classes: municipalities of the first class,
not less than one dollar for each person residing within the municipality as
measured by the last preceding federal census, the renewal fee for such
license is fifteen hundred dollars; municipalities of the second class, no more
than twelve hundred dollars; municipalities of the third class, no more than
nine hundred dollars;
The following statute, enacted by the Legislature in 2009 because of issues raised
concerning restaurant licenses in local option communities, is also cause to apply 35-4-
2(4) to Operating Agreements in local option communities. This is the legislative change
I referred to during the Council meeting when I commented that changes in State law
have lead us to conclude that 35-4-2(4) should now be read to be applicable in local
option communities:
35-1-1.1. Licensee includes municipal operating agreement holder--
Number of agreements limited.
For the purposes of this title, an entity that has entered into an operating
agreement with a municipality pursuant to § 35-4-19 is a licensee. The number
of operating agreements that a municipality may enter into may not exceed the
maximum number of retail licenses of each type that may be issued pursuant to this title.
Also attached is a computation chart on the permitted number of on-sale operating
agreements, pursuant to SDCL 35-4-11.
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City Council Packet
March 22, 2011
97
Resolution No. 38-11
Resolution Establishing the License Fee for the Issuance of Operating Agreements
in the City of Brookings
Be It Resolved by the City Council of the City of Brookings, South Dakota as
follows:
Whereas, SDCL 35-4-2(4) provides the minimum fee for the initial issuance of on-sale alcoholic
beverage liquor licenses, and this statute is also applicable to municipalities under local option,
and
Whereas, the City Council has been advised by its City Attorney that SDCL 35-4-2(4) and
recent statutory changes to alcoholic beverage statutes require a municipality to set the fee for
the initial issuance of an operating agreement at not less than one dollar for each person
residing within the municipality as measured by the last preceding Federal census, and the
Federal Census having recently determined the population of Brookings to be 22,056, and
Whereas, SDCL 35-4-2(4) does not establish a maximum fee for the issuance of Operating
Agreements, and accordingly, the fee may be set by the City Council provided the fee equals or
exceeds the minimum fee,
Now Therefore, Be It Resolved that the fee for the issuance of initial on-sale Operating
Agreements shall be $25,000.00.
Passed and approved on the 22nd day of March, 2011.
CITY OF BROOKINGS:
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City Council Packet
March 22, 2011
98
SDCL 35-4-11 provides:
35-4-11. Alcohol sales - Municipal
determination of number of licenses and
amount of fees - Maximum number of on-
sale licenses - Certain licenses exempted
from quotas.
If not fixed by ordinance, the governing
board of any municipality may, on or before the
first of September in each year, by resolution,
determine the number of on-sale and off-sale
licenses that the board will approve for the
ensuing calendar year, and the fees to be
charged for the various classifications of
licenses. The number of on-sale licenses
issued may not exceed three each for the first
one thousand of population or fraction
thereof and not exceed one each of such
licenses for each additional one thousand
five hundred of population or fraction
thereof. The number of licenses allowable may
not be less than the total number of licenses
allowable or issued as of July 1, 1981. The
municipal governing board shall at such
meeting establish the fee for on-sale licenses
pursuant to subdivisions 35-4-2(4) and (13).
The fee applies to all such on-sale licenses
issued in the ensuing calendar year. The quotas
established in this section do not apply to
licenses issued pursuant to subdivisions 35-4-
2(12), (16), (17), and (17A).
For the purposes of this section,
population is equal to ninety percent of the
population estimates published by the United
States Census Bureau for each even-numbered
year, except for the decennial year. For a
decennial year, population is equal to the
amount determined by the decennial federal
census. No license issued pursuant to this
section which exceeds the number of licenses
that would have been issued upon the decennial
federal census may be denied solely by reason
that the license exceeds the number of licenses
authorized by the decennial federal census.
On-Sale Licenses
3
14
1
181
________________ 1 Plus 2 convention
facility licenses.
Population
First 1,000 persons
21,000 persons
(14 x 1,500)
56 persons
(“fraction thereof”)
22,056 = census total
City Council Packet
March 22, 2011
99
Other Business
22. Update on the Front Street / Main Avenue Project.
The South Dakota Department of Transportation has issued grant funding
to Brookings for the Main Avenue Rail Crossing project. The project will
include construction work on Main Avenue for the new crossing gate
layout, and installation of the new railroad safety crossing gates. The grant
funding is being provided by the Railroad Crossing Improvement Program
(RCIP), which is a federally funded program and requires a 10% city match.
The program’s purpose is to provide funding for the implementation of
safety improvements where a public roadway intersects active railroad
tracks. Front Street, along with the Park and Recreation parking lot will
require reconstruction in conjunction with the Main Avenue railroad safety
crossing gate improvements.
The City held a Public Open House on March 3 rd to update the public on
the Front Street/Main Avenue Project. The project design is completed and
this project will be bid on March 29, 2011. City Engineer Jackie Lanning will
give the Brookings City Council an update on the project design along with
providing the current street and parking lot layout drawings.
Action: Informational
City Council Packet
March 22, 2011
100
Other Business
23. Summary of the 2010 Phase II Storm Water Management
Program.
The Clean Water Act was created under the Environmental Protection Agency (EPA) in
1972, and in 1987, the National Pollution Discharge Elimination System was created
along with the Nonpoint Source Program. The goal of these regulations was to improve
water quality, and the following were identified as pollution sources:
Urban storm water runoff
Agricultural runoff
Construction site runoff
Industrial site runoff
All small Municipal Separate Storm Sewer Systems (MS4s) are required to develop and
implement a Storm Water Management Program. This program is intended to improve
surface water quality by reducing the quantity of pollutants that storm water picks up
and carries into storm sewer systems during storm events. The City of Brookings is
regulated under the EPA Phase II Storm Water Rules and Regulations, which became
effective March 10, 2003. EPA guidelines require the following six (6) areas be addressed
with the City’s Storm Water Management Program:
1. Public education and outreach;
2. Public participation/involvement;
3. Illicit discharge detection and elimination;
4. Construction site storm water runoff control;
5. Post-construction storm water management; and,
6. Pollution prevention/good housekeeping for municipal operations.
City Engineer Jackie Lanning will give the Brookings City Council a brief overview on the
2010 Annual Report for the Brookings Storm Water Management Program.
Action: Informational
City Council Packet
March 22, 2011
101
Other Business
24. Discussion and possible action on Ad Hoc Parking Committee
and Traffic Safety Committee Recommendations.
The Brookings City Council discussed the recommendations from the Ad Hoc Parking
Committee at their February 8, 2011 council meeting. The City Council asked that the
Traffic Safety Committee study the following two recommendations:
Remove parking from city streets at night in the older parts of town (4th Street to 8th
Street and 12th Avenue to 16th Avenue) from November 15 to March 15 from
midnight to 5:00 a.m.
Deny parking of boats, construction trailers, RVs, and large vehicles on city streets.
The Traffic Safety Committee discussed these topics at their February 24th and March 10th
meetings, with the following summary:
At the February 24th meeting, the committee discussed the request to remove parking from
city streets. Lanning indicated that input from City staff suggested that the area of
discussion should be from 4th Street to 11th Street and 8th Avenue to 16th Avenue. The
committee decided to have the engineering department mail a notice to all property owners
in this area and they would hold a public hearing at their March 10th meeting. The
committee also discussed the recommendation to deny parking for boats, construction
trailers, RVs and large vehicles on city streets. After much discussion, a motion was
made to deny parking of these vehicles on city streets and all present voted no
and the motion failed.
At the March 10th meeting, the committee held a public hearing on the request to remove
parking from city streets from 4th Street to 11th Street and 8th Avenue to 16th Avenue.
Numerous citizens phoned in their comments, and several wrote emails or letters, which
are attached. Numerous citizens spoke both in favor and against this item during the public
hearing, and their comments are included in the following meeting minutes. After much
testimony, a motion was made to remove parking from city streets between 4th Street and
11th Street and 8th Avenue and 16th Avenue from November 15 to March 15 from midnight
to 5:00 p.m. All present voted no and the motion failed.
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City Council Packet
March 22, 2011
102
The phone testimony, written testimony and Traffic Safety Minutes are as follows:
Phone Calls for Traffic Safety Committee 3/10/11 Meeting on No Parking Issue
03/02/11
James Smolik - 1206 5th Street: Supports parking restriction as proposed. Remembers
the overnight ban in place years ago and the ban was manageable. “Long overdue”.
Marilyn Gerjets - 1312 5th Street, she had written TSC in the past. She in 13th Ave
between 3rd St and 6th St is that both at 3rd and 6th Street, people park way too close to
the intersection and they park up to the radius. 13th Avenue is a very big concern and
even at 3rd Street. Other area is a concern, and 1331 4th Street is her daughter, 4th
Street is very congested, about 1-way traffic. No parking on one side would be better
for her. The north side of 3rd is the area she wants us to look at.
03/03/11
Tom Manzer - 929 4th Street: Supports the overnight parking restriction as proposed.
In 27 years at residence, has not experienced congestion as bad as this year.
David Ekern - 921 5th Street: Does not support overnight parking restriction as
proposed. Does not feel that the proposal solves the problem, rather just shuffles cars
to other areas. Feels it is the landlords that are not providing adequate off-street
parking and ultimately falls back to the City for not requiring enough off-street parking.
JoAnn Anderson - 614 11th Avenue: Does not support the proposal as presented. Feels
like it is a 4 month snow ban that is not necessary. Concerned with parking for
overnight guests. Household has multiple drivers and can accommodate all vehicles
during a snow ban.
03/04/11
Doyle Ruhlman - 1117 7th Street: Understands the need for snow removal operations,
but feels the proposal is unnecessary and unreasonable for the time period proposed.
Concerned that properties will begin to pave yards to accommodate parking. Felt the
timing of the hearing was unfortunate as many of occupants within the targeted area are
college students who are currently on Spring Break.
Tom DeBoer - 1104 5th Street: Supports the proposal. Need to address the underlying
issue of parking requirements for rental properties.
Ardeen Albers - 517 12th Avenue: Opposed to the parking ban proposal as proposed.
Would like to see exceptions to the proposal to account for overnight guests.
Concerned with no provisions for allowing overnight parking during the holiday season.
03/07/11
Greg Pearson - 922 5th Street: Supports removal of parking as the parking issues are
not related to the adjacent properties, rather the result of nearby properties not having
adequate off-street parking. Would support removal of parking off one side of the
street.
Stan Anderson - 614 14th Avenue: Would prefer parking ban be issued on a case-by-
case basis with each snow fall/accumulation.
City Council Packet
March 22, 2011
103
Josh Jensen - 1344 5th Street: Does not support parking ban as proposed. Does not
support the time period as proposed. They have alley access and do utilize rear yard
parking during snow alerts. Suggested alley snow removal operations will need to be
more efficient as well as routine alley maintenance improved. Also feels we need to find
alternative that address the needs of the college students as they have a strong impact
on the community.
03/08/11
Karen Theodosopoulos - 1349 4th Street: Supports the no parking ban as proposed.
Concerns with certain areas of the community where cars do not move and the streets
narrow and ultimately lead to one-way traffic.
Brian Gatzke -The main focus I can totally understand is the snow removal process and
how students (rental tenants) park haphazardly around the area. Recently on the
corner of 8th street and 9th avenue, a car was parked in the middle of the street next to
a no parking sign so they could enjoy a party around 9:00 p.m. in the evening. No lights
on and no common sense, the car was just waiting to be hit. They said no place to park,
so no worry. Dangerous situations. Realistically for snow removal season it can begin
as early as November 1, but realistically from what I see is November the week of
Thanksgiving and ending the end of March, not march 15. You should just say no
parking on both sides of the street and focus parking on one side only all the time.
Regarding rentals in the area, the landlords should have parking on site, otherwise, no
street parking. You should instantly tow during the times and not be flexible when you
tow and not tow, being flexible and seasonal on the side makes for inconsistency. This
should be in all “designated” snow emergency routes no parking through all hours of the
day. For non-emergency snow removal routes then the times seem realistic.
03/09/11
Rich Howard - 723 8th Street: Supports the proposal.
Bruce Berdanier - 410 11th Avenue: Supports the proposal on a trial basis to determine
if the results are acceptable.
Jenny Conger and David Aaron - 621 8th Street: Opposed to the blanket parking ban for
the extended period of time proposed. Encourages more effective utilization of parking
ban during snow events. Feels the timing of this hearing is unfortunate with many of the
tenants in this area on Spring Break.
Brandy Eidsness - 417 13th Avenue: Supports the proposal because of the snow removal
operations. Streets are cluttered with parked vehicles and presents safety concerns for
kids walking to school. They have a single car garage with single lane driveway and do
not have overflow parking for overnight guests.
Jeff Kjenstad - 308 11th Avenue: Supports proposal. Would like area expanded south to
3rd Street to coincide with major collector. Narrowing of streets due to snow
accumulation leads to vehicles parking farther into the street. Snow removal operations
are hampered by on-street parking as well as the narrow streets present difficulties with
emergency vehicle access. Experienced a situation this year where the snow plow
operator was not able to get past the driveway due to not enough clearance because of
on-street parking.
City Council Packet
March 22, 2011
104
David Hintz - 1042 7th Avenue, in favor of removing parking from the front of his lot.
He said a lot of retired people live in his area and they are concerned about the parking.
He would like the no parking to be east of 6th Avenue
Debra Spear - 620 8th Avenue, against removing parking. They have a single car
driveway and there would be no place for overnight vehicles to park. Very much
against.
Johnny Nelson - 625 12th Avenue: supports the proposal and would encourage
expanding the area south to the RR tracks or Vine Street
Paul Baggett -1226 5th Street: supports the efforts to restrict parking and feels it is a
small step to addressing a much larger issue (zoning)
03/10/11
Terry Iverson – 1338 5th Street: Supports the proposal. Sees a lot of benefits to the
parking ban overnight, including improved/efficient snow removal operations, limiting
late night parties due to the lack of available off-street parking to accommodate guests,
reduce loud music generated from late night vehicles leaving houses, help control litter
problems in the area.
Jacqueline Lanning
From:Brian Gatzke [brian.gatzke@northernplainsappraisal.com]
Sent:Tuesday, March 08, 2011 11:23 AM
To:Jacqueline Lanning
Subject:Parking Letter dated March 1, 2011.
!"
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Brian J. Gatzke
Gatzke Appraisal
527 Main Avenue, Suite 204
P.O. Box 63
Brookings, SD, 57006-0063
Cell (605)691-2119
Fax (605)610-0948
email: Brian.Gatzke@northernplainsappraisal.com
Web: www.northernplainsappraisal.com
City Council Packet
March 22, 2011
110
-----Original Message-----
From: jeanniekfrench@aol.com [mailto:jeanniekfrench@aol.com]
Sent: Thursday, March 17, 2011 9:38 AM
To: Jacqueline Lanning
Subject: city parking ban
I do not know if the overnight parking ban has been decided or not. I
believe I read something in the Register that said if we had comments, we
should contact you. I may have that wrong, and if so, could you let me know
so I could direct this where it needs to go.
I live on 4th St by Hillcrest School. Over the last few years, more and more
students have moved into the neighborhood. For the most part, they are ok
but there are definitely some issues. I find beer bottles and beer containers
in my front yard or in the street. They back out of their driveways
fast....too fast to see if there are small children behind them. During warm
weather, parties outside on the deck often are loud and keep us up.
Sometimes, shouting, loud talking, and laughing late at night as they leave
their parties, even in the winter, will wake me up. There is certainly much
more traffic on our street than there was in the past. Excess noise from
revving their engines, lots of vehicles and mostly big pickup trucks, parking
on both sides of the streets and crowding traffic are also bothersome. Yes,
some of these things are minor but altogether they can be irritating.
Now, due to the students I assume, Brookings’ Ad Hoc Parking Committee wants
to ban parking on the streets in my neighborhood streets at night from
midnight to 5 a.m. during the winter months. I agree something must be done.
However, again, because of the students, my life will be affected. Because
of the students, I will no longer be allowed to park my vehicle on the street
during these times. Even though I follow the rules, such as removing my
vehicle during snow alerts for the plow, I will not be able to use my street
for overnight parking.
I agree something should be done, but, is there another way to do it?
Instead of banning all parking, what about banning parking on only one side
of the street? Or perhaps rotating parking so that on even dates, parking is
allowed on the even side of the street, and on odd dates, parking is allowed
on the odd side of the street. Cars would have more room and the residents
and homeowners would still maintain some of their rights. Why should we lose
all parking based on the actions of the students.
Thank you.
Jeannie French
1410 4th Street
Brookings, SD 57006
City Council Packet
March 22, 2011
111
Minutes:
BROOKINGS TRAFFIC SAFETY COMMITTEE
City Hall Basement Community Room
Thursday, February 24, 2011
12:10 p.m.
The Brookings Traffic Safety Committee held its monthly meeting on Thursday, February 24,
2011, at 12:10pm in the City Hall Basement Community Room.
Members Present: Carol Rettkowski, Daryl Englund, Keith Bruinsma, Louis Skubic, Jackie
Lanning, Jeff Miller, Brian Lueders, Pete Kirchheuel, and Tony Sonnenburg.
Members Absent: Tim Heaton, and Mike Fossum, Skip Webster,
Others Present: Jeff Weldon (City Manager) and Eric Haiar (SDSU Student Association)
Call to Order: Englund called the meeting to order. Rettkowski / Sonnenburg moved to
approve the minutes from the January meeting. All present voted aye.
Addition to Agenda: none
Old Business: none
New Business:
Discussion on City Council request to remove parking from city streets located from 4th Street
to 11th Street and 8th Avenue to 16th Avenue, from November 15 to March 15 from midnight to
5:00 A.M.
Lanning stated the Ad Hoc Parking Committee recommended the Traffic Safety committee
look at removing the parking from 4th Street to 8th Street and 12th Avenue to 16th Avenue from
November 15 to March 15 from midnight to 5:00 A.M. The City department heads talked about
extending the area to be 4th Street to 11th Street and 8th Avenue to 16th Avenue. The
committee discussed holding a public hearing. England passed out a letter from a concerned
citizen that lives at 402 13th Avenue and she is in favor of restricting the parking. She has found
out that students that don’t live in the neighborhood are parking in front of her house. Eric
Haiar stated the SDSU Student Association are against the removal of parking feel they are
being discriminated. He stated that if the City wants to propose a parking ban it should be city
wide. Bruinsma stated a snow ban should take care of the problem of vehicles parking during
snow removal. Weldon stated the City doesn’t declare a snow ban for each snow fall.
Kirchheuel stated even when a ban is in place the cars don’t get moved in time for the City to
plow. Miller went over the parking ban procedure. When a parking ban is issued, the City
needs to wait 5 hours before they ticket and tow. Miller stated years ago the City did have city-
wide no parking on city streets from November 1st to April 1st. It did make the street
department’s job easier for snow removal. He agreed with Eric in that the request may be
discriminative and he said a parking ban should be city wide or not at all. Kirchheuel thinks it all
boils down to SDSU not having enough parking. Englund thinks SDSU has enough parking it is
just not strategically located and there is also a cost to the parking.
City Council Packet
March 22, 2011
112
Sonnenburg said it’s not the City’s job to eliminate parking city wide for snow removal and the
committee should look at this as a safety concern. Rettkowski stated the congestion on the
streets is a safety issue since emergency personnel cannot make it down the streets. Eric stated
that the streets are designed for two way traffic with parking on one side. Kirchheuel said it is
hard to have parking when you factor in the snow. Weldon asked if the area of discussion has
parking on both sides or just one. Lanning stated most of them have parking on only the one
side but there might be some with parking on both. England thinks it would be a good idea to
hold a public hearing at next month’s meeting. Sonnenburg/ Lanning made a motion to
hold a public hearing. 8 members agreed and 1 did not (Lueders). Motion passed.
Discussion on City Council request to deny parking of boats, construction trailers, RVs and
large vehicles on City streets.
Lanning stated this recommendation came from the Ad Hoc Parking Committee, which was a
permanent ban on boats, trailers, & RVs. Lanning described the previously attempted City
Ordinance No. 13-05, which would have prohibited parking for boats, construction trailers,
RVs and large vehicles on city streets between the hours of 11pm and 5am. This ordinance was
not passed by the City Council in 2005 but Lanning wanted to show the options available for no
parking. She mentioned language could also be added that would allow contractor trailers that
were working under a current valid permit.
Skubic stated large vehicles would need to be defined. Lanning stated if the City were going to
deny parking of boats and RV’s all the time, Ordinance No. 13-05 would be a starting point as a
base ordinance. Kirchheuel was concerned that citizens would not be able to load their
campers in the street. Weldon stated there was some discussion at the ad-hoc committee
about an exception for loading and unloading. Miller asked how would the police department
know if someone is loading or unloading. Weldon stated the members of the Ad Hoc
Committee thought this would be a way to solve the 72-hour parking issue. The current 72
hour parking ordinance applies to all vehicles parked on the city streets. Weldon thinks this
recommendation would be difficult to enforce. Miller added that this wasn’t really isn’t a safety
issue. Skubic stated this is somewhat of a safety issue because you can’t see around larger
vehicle parked on the streets and you aren’t able to get a good view. Kirchheuel/ Lanning
made a motion to deny parking of boats, construction trailers, RVs and large
vehicles on City streets. All presented voted no. Motion failed.
Member Reports: none
The next meeting will be March 10, 2010. Meeting adjourned.
Submitted by: Chris Larson
City Council Packet
March 22, 2011
113
Unapproved minutes:
BROOKINGS TRAFFIC SAFETY COMMITTEE
City Hall Council Chambers Room
Thursday, March 10, 2011
12:10 p.m.
The Brookings Traffic Safety Committee held its monthly meeting on Thursday, March 10,
2011, at 12:10pm in the City Council Chambers Room.
Members Present: Carol Rettkowski, Daryl Englund, Keith Bruinsma, Louis Skubic, Jackie
Lanning, Jeff Miller, Brian Lueders, Skip Webster, Pete Kirchheuel, and Tony Sonnenburg.
Members Absent: Tim Heaton, and Mike Fossum
Others Present: Jeff Weldon (City Manager), Eric Haiar (SDSU Student Association), Don
Auger, Cindy Ostlie, Mike and Sandy McClemans, Barbara Behrend, Chad Stinle, Roger Jenner,
Jeff Heinle, Jo Puety Anderson, Ray Johnson, Andy Johnson, Connie McKnight, Kay Becker,
Marty Hendricks, Larry and Diana Zwieg, Brian Paideton, Tim K, David Ekern, Bryan Gums,
Gary Mork, Anthony Sutton, Lois Darrington, Pennie Malenke, Bob Fite, Lee Ann Pierce
Call to Order: Englund called the meeting to order. Bruinsma / Skubic moved to approve the
minutes from the February meeting. All present voted aye.
Addition to Agenda: none
Old Business: none
New Business:
Discussion on City Council request to remove parking from city streets located from 4th Street
to 11th Street and 8th Avenue to 16th Avenue, from November 15 to March 15 from midnight to
5:00 A.M.
Daryl Englund welcomed the audience members for the discussion of this topic, and asked for
public comments. The following people provided verbal comments:
David Ekern - 921 5th Street, does not support the proposal as presented. He does not
feel like the proposal solves the problem, rather just shuffles cars to other areas. He
also feels that the landlords are not providing adequate off-street parking.
Jo Puety Anderson - 614 11th Avenue, was not in favor of 5 months of removal of
parking. She stated her household has multiple drivers and can accommodate all
vehicles during a snow ban but she was concerned with parking for overnight guests.
She feels this it is not a safety issue for the cars that are blocking the sidewalks and she
appreciates the ticketing that is going on in this area. She proposes having the city zoned
in sections and having parking removed in that section for one night a week for snow
removal.
City Council Packet
March 22, 2011
114
Anthony Sutton - SDSU Student association vice president, opposes the proposal unless
there is a ban in place for the whole city and not just one section of town. The SDSU
Student Association passed a resolution against the proposal.
Jeff Heinle - 8th Avenue: Does not support the overnight restriction. He has an older
home with a single car driveway and there would be no place for overnight vehicles to
park.
Gary Mork - 809 Harvey Dunn, stated he was initially in favor of the overnight parking
restrictions, but after hearing the neighbors comments he stated he was not in favor. He
thinks there needs to be some other solutions for parking and that SDSU needs to have
a no fee parking lot that would allow the students to park for free so the roads can be
cleaned. Mork doesn’t think we need this parking restriction because landlords are
supposed to provide off-street parking for their tenants. He said the City should enforce
the current parking ordinances.
Debra Perkins - 1431 7th Street, stated she thinks something should be done and
somewhat in favor and thought it was a start. She owns a business and one requirement
was to have adequate parking. She is concerned about safety when the streets get
narrower due to the snow. She stated the college needs to address the issue of
students wanting to park close to their dorms. She thinks ticketing can be income
generating for the city by hiring someone to take on the parking complaints.
Roger Jenner - 1318 5th Street, would like to see one sided parking on city streets such
as on 5th Street.
Laurie Carruthers - 510 9th Avenue, stated their home has two people and is owner
occupied. They have a single car driveway where one car always parks in the street.
They do remove their car from the street to an alternate location when a snow ban is in
place. She is not in favor of this proposal.
Lois Darrington - 1303 5th Street, stated they have a short driveway and her family has
to park on the street. She asked a question on why the City didn’t issue snow bans. She
also stated that the City should enforce the current ordinances like parking more than
12 inches from the curb. She said one solution may be one way streets.
Jeff Weldon City Manager stated there has to be a 3-4 hour notice given when a snow
ban is called. The City didn’t want to put a ban in place for every nuisance snow fall
because the Street Department wanted to start plowing snow quicker instead of waiting
3-4 hours.
Don Auger - 1454 7th Street, stated that he has observed that vehicles stay overnight,
even if rentals have enough parking for their tenants. He supports the proposal on a
trial basis because it may improve snow removal.
Lois Darrington stated she would like to see the ban city-wide if it were to be passed.
Kay Becker - 1119 4th Street, is in favor of one sided parking. She said with vehicles
parked on both sides of the street it makes it hard for emergency vehicles to get down
the street. She was in favor but now not for sure due to having family and visitors that
would need to park in the street.
Sandy McClemans - 1207 6th Street, would like to see a one-side parking ban and stated
if the parking ban is going to be passed that it needs to be city wide.
City Council Packet
March 22, 2011
115
Jo Puety Anderson - 614 11th Avenue, she stated they have parking on one side of her
street and there has not been a problem with emergency vehicles getting down the
street.
Bryan Gums - 911 4th Street, supports the proposal but would like to see one sided
parking on the city streets. He stated there are streets near his home that have parking
on both sides of the streets and it is very difficult to get down them in the winter due to
the snow buildup along the curbs.
Artis Johnson - 13th Ave. /4th Street, supports doing something and felt if this ban can
fixes the problem then she supports would support it. She said the streets are cluttered
with parked cars when there is snow build up you can barely get through the streets.
Dale Olson - 7th Street/13th Avenue, opposes the city wide ban. He said the snow ban
can be used during emergencies to get vehicles off the street for snow removal. He
would support a parking by permit only plan.
Ray Johnson – 1319 4th Street, Commented when a snow ban was in place from the last
storm, the officer ticketed and towed the vehicles, but he said the plows didn’t come
back down to clean their street after the vehicles were moved.
Brenda Terra – 4th Street/13th Avenue , was in favor of the parking ban but was
concerned that her neighbors have nowhere to else to park. She thinks something
needs to be done and doesn’t think the homeowners are the problem. She said that
during spring break that 4th Street is clear. She said the City should be diligent on
rentals, partying, safety and look at the source of the problem.
Lee Kotelman, 917 4th Street, stated they have 2 adults with 4 vehicles and is against the
snow ban. He said he would be in favor of one night a week parking ban or ban parking
from one side of the street.
Sandy McClemans suggested recessed parking could be an option.
Jeff Miller stated the City has taken a proactive initiative. Lanning showed the zone map and
passed out the ticketing summary to the committee. Miller stated that in mid-February, the
police department hired a part-time officer for parking enforcement. The officer ticketed
77vehicles and chalked 64 in zone C in the first two week time frame. Miller described that the
clock starts for the 72-hour parking when the PD chalks the tires. He asked if the parking ban
was a safety issue or a convenience issue. He agrees with the students and if there is going to
be a parking ban it should be city-wide (The map and summary of the tickets are attached).
Daryl Englund commented that he feels a parking ban recommendation only on certain streets
is discriminatory. He described that he was on the parking ad-hoc committee and he said he
doesn’t think there is a solution that will fit everyone. He also stated that if you have a city-
wide parking ban with a light winter, then vehicles are banned from the streets when there is
no snow to plow.
Lanning mentioned she had received a lot of phone calls, which were summarized on a handout
for the committee. She stated in summary, there were 13 calls in favor of the parking ban and
10 were opposed the ban. Louis Skubic said he thought vehicles blocking a street could be a
safety hazard. He asked if there was any information on accidents caused by parked vehicles
City Council Packet
March 22, 2011
116
and Miller responded the police department did not have that information separated from
other types of accidents.
Kirchheuel/Bruinsma made the motion to remove parking from city streets located
from 4th Street to 11th Street and 8th Avenue to 16th Avenue from November 15 to
March 15 from midnight to 5AM. All presented voted no. Motion failed.
Member Reports: none
The next meeting will be April 14, 201. Meeting adjourned.
Submitted by: Chris Larson
City Council Packet
March 22, 2011
117
Parking Ad Hoc Committee
Brookings, SD
January 18, 2011
OFFICIAL MINUTES
Chairperson John Kubal called the Ad Hoc Parking Committee to order on Tuesday,
January 18, 2011 at 3:00 PM in the Meeting Room at City Hall. Present were, Beverly Dobbs,
Alan Gregg, Brett Monson, James Weiss, and Kubal. Duane Bymers and Daryl Englund were
absent. City staff present were Planning and Zoning Administrator Dan Hanson, City Engineer
Jackie Lanning, and Community Development Director Mike Struck.
Item #1 – (Gregg/Dobbs) Motion to approve the agenda. All present voted aye. MOTION
CARRIED.
Item #2 – (Gregg/Wiess) Motion to approve the minutes of the November 23, 2010, meeting. All
present voted aye. MOTION CARRIED.
Item #3 – Discussion and Committee Recommendations – Kubal asked for discussion on the
committee recommendations to the City Council. He also asked the committee to think about
whether they thought it advantageous to establish a permanent parking committee. Kubal
suggested they discuss the five recommendations one at a time.
o 1. Take parking off the city streets at night in the older parts of town (4th Street to 7th
Street {changed to 8th Street} and 12th Avenue to 16th Avenue) from November 15 to
March 15 from midnight to 5:00 AM – Police Chief Jeff Miller said he felt this was
discriminatory as a certain area was targeted. Miller said he did not have the manpower to
enforce this issue. However, he said after tickets are written, people will catch on in a few
weeks. He added that some residents do not have off-street parking on their own
property. He felt that trying to solve one problem would just create another. Dobbs said
that all but a very few of the residents have off-street or alley access for parking. She
added that if the rentals were rented properly, this would not be as much of a problem.
Hanson added that the bigger the area, the more the cost is to the city. Gregg agreed that
people learn after a period of time when money is involved. He felt the trouble spots
should be concentrated on first. Gregg felt this item should be sent to the City Council.
Miller said years ago there were signs posted at the entrance to the city of the parking
ban. Hanson said now they would need two signs per block face. Wiess felt the boundary
should be 4th Street to 8th Street (instead of 7th Street) to include the extended avenues in
that area. The committee agreed.
o 2. Hire a parking attendant to give only parking tickets to vehicles illegally parked in the
congested areas of town - Chief Miller said he will be hiring a ½ time police officer to
work parking and traffic only. This officer will have the power of arrest and will work 19
hours a week. Miller said he has funding for this position for a few months and said he is
hoping the position will eventually fund itself. Gregg agreed this was a good idea as
City Council Packet
March 22, 2011
118
chalking tires just doesn’t work. He suggested using technology, digital camera etc. The
committee agreed to forward this to the City Council with the notation that action has
taken place on this item.
o 3. Deny parking of boats, construction trailers, RVs, and large vehicles on city streets –
Dobbs said these types of vehicles are stored not just parked on city streets causing
problems. Gregg stated the present ordinance allows them for 72 hours. Dobbs said they
should not be allowed at all. Lanning reminded the committee that this item previously
failed some time ago at the City Council level. Dobbs said the problem has gotten worse
the past couple of years. Gregg suggested sending it to the City Council again. Wiess felt
there should be exceptions granted for loading and unloading.
o 4. Paint street markings for parallel parking areas on every street in the City beginning
with the most congested areas – Kubal said that Duane Bymers had talked with Mr.
Gilmartin at Teen Challenge. They were wondering if the men at Teen Challenge could
help with the painting process. Gregg said the paint alone is very expensive. Dobbs
suggested that just painting back from the intersections would help. Hanson suggested
painting the curb instead of the pavement if painting would be done. Wiess said he has
never seen a town where there are painted markings on every street in the city. Gregg
added that it would need to be kept up by painting yearly. Wiess said SDSU spends
$40,000 in paint, and it takes three months to do the parking lots. Dobbs said ticketing
needs to be done for it to work. Lanning said that an ordinance already exists without
painting stripes. She felt it was not feasible in any way. Kubal felt forwarding it to the
City Council as a good idea but with the understanding that dollars would be a concern.
o 5. Instigate a parking permit system in Brookings – Dobbs said she would like to see if
taking cars off the streets would improve the parking conditions. If parking conditions do
not improve, then the permit system should be looked at. Gregg asked why no “snow
alert” was issued for our last snow storms. Lanning said that Street Superintendent Koss
Delfinis did not want to wait to begin cleaning the streets. He wanted his staff to begin
immediately. The Street Department staff worked 14 hours, took some time off, and was
back to work for another 14 hours. Struck reminded the committee that the parking
permit system should not be done for convenience. It should only be implemented if the
concerns are safety oriented. Dobbs said a parking permit program could work very well
if it is done correctly. She said it is a program worth falling back on if other means do not
work. Kubal said he is not convinced that it is a safety issue. He felt it was more of a
convenience issue.
Dobbs said she believed it to be a good idea to have follow-up committee meetings two
or three times a year. Chief Miller reminded the committee that there is already a Traffic Safety
Committee that deals with traffic safety issues. Lanning said these items (Traffic Safety
Committee items) are related to parking. Miller said items must be safety driven, and there is a
committee in place already that takes care of those issues. Miller said he would not recommend a
full time parking committee. Gregg said if it is needed, the committee can come back for a
meeting, but he believed it was time to dis-establish this committee. Kubal said the mayor can re-
establish the committee at another date.
Monson distributed laminated cards the size of a credit card to the members. It contained
the parking rules and regulations for the city of Brookings. The cards have seen distributed to
SDSU students. Gregg asked if SDSU students could receive a mass email on parking issues.
City Council Packet
March 22, 2011
119
Monson said they are unable to mass email students. Struck agreed as they were not able to do it
during the census process. Struck said the City has Facebook and Twitter accounts with
information. Kubal asked if information could be put in the Collegian. Monson said yes, but not
all students read it.
Kubal declared the Ad-Hoc Parking Committee dissolved. The items suggested will be
on the February 8, 2011 City Council agenda. He asked members to be present to support the
items.
The meeting was adjourned.
____________________________ _____________________
Diane M. Spencer, Secretary John Kubal, Chairman
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City Council Packet
March 22, 2011
123
Other Business
25. Action on City of Brookings 2011 Strategic Plan.
TO: Mayor and City Council Members
FROM: City Manager Jeff Weldon
RE: Adoption of 2011 Strategic Plan
During our strategic planning session, the City Council concluded the following items
should constitute the 2011 Strategic Plan. Formal adoption of the plan was deliberately
not undertaken at the session so it needs official approval.
Tier #1
A) Code enforcement, rental housing registration and compliance
B) Improvements of the Campus-Community relationship with SDSU
C) Coordination of economic development initiatives and economic development
workplan
D) Health care model; relationships of BHS and other health care provider
E) Continued operation of Brookings Municipal Liquor Store
F) Acquisition of Department of Transportation excess property (Hwy 14/I-29)
G) Re-examination of role of business in local government
Tier #2 (construction projects)
A) Airport Layout Plan
B) Construction of City/County Government Building
C) Remodel planning of City Hall for Police Department
D) Sixth Street (Highway 14) Gateway entrance features
E) Update of 2020 comprehensive plan
F) Public awareness campaign for public safety
Tier #3
A) Continued lobbying/planning for 34th Ave./20th St. Improvement Project
B) Continued brand implementation
C) Analysis of Swiftel Center space needs
D) Usage analysis of baseball/softball facilities
E) Staff succession planning
F) Funding of PAC II request
G) Infrastructure expansion, So. Main Ave. and 20th St.
H) Infrastructure expansion, 25th Ave.
I) South Fire Station planning
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City Council Packet
March 22, 2011
124
26. Adjourn.