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HomeMy WebLinkAbout2011_05_10 CC PKT1 Brookings City Council Tuesday, May 10, 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. Present Certificate of Election and Oath of Office to Council Member Ope Niemeyer. 2. Enforcement of Parking Regulations. 3. Draft Economic Impact Report regarding SDSU. 4. Fire Department meeting hall (former Senior Citizen center). 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 City Council minutes. C. Action on Mayoral appointments. Action: Motion to Approve, Request Public Comment, Roll Call *Matters appearing on the Consent Agenda are expected to be non-controversial and will be acted upon by the Council at one time, without discussion, unless a member of the Council or City Manager requests an opportunity to address any given item. Items removed from the Consent Agenda will be discussed at the beginning of the formal items. Approval by the Council of the Consent Agenda items means that the recommendation of the City Manager is approved along with the terms and conditions described in the agenda supporting documentation. Open Forum/Presentations/Reports 5. Open Forum 6. SDSU Student Senate Report 2 Contract Awards / Change Orders 7. Action on Resolution No. 52-11, A Resolution Authorizing Change Order No. 1 (CCO#1 Final) for Recreation/Bike Path & Structure Project POENH(147) PCN 00C2 & EM 8006(49) PCN 010A, Rounds Construction Co., Inc. Action: Motion to Approve, Request Public Comment, Roll Call First Readings** 8. Ordinance No. 12-11: An Ordinance Amending Article IV. of Chapter 26 of the Code of Ordinances of the City of Brookings to establish additional regulations pertaining to Pawnbrokers in the City of Brookings, South Dakota. Public Hearing: May 24th **No vote is taken on the first reading of an Ordinance. The title of the Ordinance is read and the date for the public hearing is announced. Second Readings / Public Hearings 9. Ordinance No. 09-11: An Ordinance providing for the sale of food, beverages and merchandise by temporary vendors upon sidewalks in the Central Business District in the City of Brookings. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 10. Ordinance No. 10-11: An Ordinance entitled “An Ordinance authorizing a supplemental appropriation to the 2011 Budget for the purpose of providing for additional funds for the operation of the City. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 11. Ordinance No. 11-11: An Ordinance to change the Zoning within the City of Brookings (Foster): the NE ¼ of Section 19-T110N-R49W, excluding Lots H-4, H-5, the east 1620 feet, and the platted areas thereof be and the same is hereby rezoned and reclassified from an Agricultural A District to an Industrial I-1R District; and the east 1,620 feet of the NE ¼ of Section 19-T110N-R49W, excluding Lots H-4, H-5, and platted areas thereof be and the same is hereby rezoned and reclassified from an Agricultural A District to an Industrial I-1 District. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 12. TABLED AMENDMENT: 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 & Action: 4/5/11 – Failed Reconsideration of Action, Motion to Amend, Action Table: 4/26/11 Action: Motion to remove amendment to Ordinance No. 08-11 from table, roll call Action on amendment: rezone the south 66’ to a Class Residence R-3A District and leave the north 50’ as a Class Industrial I-1District. 13. Public hearing and action on Temporary Liquor License for the Fireman’s Dance on July 30th to be located in the 300 block of Main Avenue. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 3 14. Public hearing and action on Temporary Liquor License requests for the Swiftel Center for events on June 4, 11 (2), 17, and 20, 2011. Action: Open & Close Public Hearing, Motion to Approve, Roll Call Other Business 15. Business Improvement District: A. Action on Resolution No. 58-11, a Resolution Designating Boundaries for Business Improvement District #1. Action: Motion to Approve, Request Public Comment, Roll Call B. Action on Resolution No. 59-11, a Resolution Establishing Business Improvement District #1 Board Action: Motion to Approve, Request Public Comment, Roll Call 16. Action on Resolution No. 60-11, a Resolution Requesting Special Legislation Authorizing the Taxation Authority for an Additional One Cent Sales Tax and Use Tax for the City of Brookings to be Dedicated to South Dakota State University. Action: Motion to Approve, Request Public Comment, Roll Call 17. Action to appoint the Deputy Mayor. Action: Motion to Approve, Request Public Comment, Roll Call 18. Adjourn. Brookings City Council Tim Reed, Mayor Council Members Tom Bezdichek, John Kubal, Mike McClemans, Jael Thorpe, Keith Corbett, Ope Niemeyer Council Staff: Jeffrey W. Weldon, City Manager Steven Britzman, City Attorney Shari Thornes, City Clerk View the City Council Meeting Live on the City Government Access Channel 9. Rebroadcast Schedule: Wednesday @ 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 May 10, 2011 4 5:00 P.M. WORK SESSION Work Sessions are open to the public. During the work session the city staff would brief the council on items for that particular meeting, introduce future topics, and provide a time for Council members to introduce topics. 1. Present Certificate of Election and Oath of Office to Council Member Ope Niemeyer. Mayor Reed will present Ope Niemeyer with the Certificate of Election and Ope Niemeyer will read the following Oath of Office and be sworn in as City Council Member: Brookings City Council Oath of Office I, Ope Niemeyer, having been elected to the office of City Council Member within and for the City of Brookings, Brookings County, South Dakota, do solemnly swear that I will support the Constitution of the United States and of this State and the Brookings City Charter, and faithfully discharge the duties of my office, and that I am not under direct or indirect obligation to appoint or elect any person to any office, position, or employment under the government of the City of Brookings. Ope Niemeyer Subscribed and sworn to before me this tenth day of May 2011. Tim Reed, Mayor Estimate Time: 5 Minutes City Council Packet May 10, 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. 2. Enforcement of Parking Regulations. TO: Mayor and City Council Members FROM: City Manager Jeff Weldon RE: Enforcement of parking regulations Pursuant to City Council direction and a recommendation from the Ad Hoc Parking Committee, staff was directed to intensify enforcement of parking regulations throughout the community, but in particular to areas where parking congestion and density is prone to causing a safety problem. As a result, we have hired an additional police officer on a part-time basis assigned primarily to parking enforcement and, and have provided the statistics on such enforcement. At the recommendation of the Ad Hoc Parking Committee, you recently adopted an additional parking regulation which prohibits parking within five feet of a driveway egress. This was an amendment to City Code Section 82-427 which is attached. This section contains most of the parking violations which have been written. With the exception of this five foot provision, all other provisions have been in effect for some time. This item is on the work session agenda for consideration of any parking amendments you may want to discuss. Estimate Time: 20 Minutes City Council Packet May 10, 2011 6 Sec. 82-427. – Places where standing and parking prohibited; exception to discharge passengers. Unless necessary to avoid conflict with other traffic, or unless a police officer or official traffic control devise has so directed, no person may stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge passengers: 1) In front of a public or private driveway not closer than five feet on either side of a driveway measured from the edge of the driveway at the curb line or edge of the roadway. 2) Within 15 feet of a fire hydrant; 3) Within 20 feet of a crosswalk at an intersection; 4) Within 30 feet upon the approach to any flashing signals, stop sign, yield sign, or traffic control signal located at the side of a roadway; 5) Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of such entrance when property signposted; 6) At any place where official signs prohibit standing. Following is language from SDCL 32-30-6 pertaining to the parking enforcement discussion. The City of Brookings ordinance is very similar to state law with the exception that the city ordinance provides more clarification on the distance from a driveway. SDCL 32-30-6. Places where standing and parking prohibited--Exception to discharge passengers--Violation as petty offense. Unless necessary to avoid conflict with other traffic, or unless a police officer or official traffic control device has so directed, no person may stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers: 1) In front of a public or private driveway; 2) Within fifteen feet of a fire hydrant; 3) Within twenty feet of a crosswalk at an intersection; 4) Within thirty feet upon the approach to any flashing signals, stop sign, yield sign, or traffic control signal located at the side of a roadway; 5) Within twenty feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five feet of said entrance when properly signposted; 6) At any place where official signs prohibit standing. A violation of this section is a petty offense. Source: SDC 1939, § 44.0325; SL 1970, ch 175, § 30; SL 1989, ch 255, § 209. City Council Packet May 10, 2011 7 5:00 P.M. WORK SESSION Work Sessions are open to the public. During the work session the city staff would brief the council on items for that particular meeting, introduce future topics, and provide a time for Council members to introduce topics. 3. Draft Economic Impact Report regarding SDSU. Pursuant to Council direction at the April 26, 2011 council meeting, Brookings Economic Development Corporation has provided their draft Economic Impact Report regarding SDSU. Impact of South Dakota State University on Brookings County, South Dakota Prepared for the Brookings Economic Development Corporation February 2011 Regional Technology Strategies, Inc. www.rtsinc.org 2 | P a g e Formed in 1881 as Dakota Agricultural College, South Dakota State University is now the largest public university in the state with an enrollment of more than 12,000 students – graduate and undergraduate. The university offers more than 200 different program offerings ranging from aerospace to fields related to animal husbandry and rural sociology. The South Dakota legislature “established South Dakota State University as the Comprehensive Land-Grant University to meet the needs of the State and region by providing undergraduate and graduate programs of instruction in the liberal arts and sciences and professional education in agriculture, education, engineering, family and consumer sciences, nursing, pharmacy, and other courses or programs as the Board of Regents may determine.” This report assesses the impact of South Dakota State University on the local economy. The analyses include not only those jobs covered under the unemployment insurance law, but those jobs and earnings associated with the self-employed, government workers (federal, state, and local employees that work in the region) and railroad workers which are typically left out of most economic impact studies. The analysis poses the following questions: What if South Dakota State left the county? How would the loss of the university affect the rest of the local economy? South Dakota State University supports a total of 3,673 jobs in Brookings County and $141 million in earnings. The university directly supports more than 2,200 jobs and over $109.4 million in earnings through its employment of faculty and staff. Results of Economic Impact of SDSU on Brookings County, South Dakota Jobs (direct + Indirect) 3,673 Earnings Change (direct + indirect) $141,799,000 Sales Multiplier 1.32 Jobs Multiplier 1.44 Earnings Multiplier 1.30 Assessing the impact of a post-secondary institution can affect an economy in several ways. First and foremost, the university is a producer of employment and potential human capital for local employers who are looking for individuals with training, knowledge and skills that can be used to increase the productivity of a company. Secondly, educational institutions are conglomerates and aggregators of consumers (students) whose spending in the local economy provides revenues to the businesses within Brookings County. And thirdly, the university is a 3 | P a g e business whose payroll and purchases spur economic activity in the region that would not occur if the university was not there. It is this third type of economic activity analyzed for the economic impact analysis provided below. While no economic impact analysis is infallible, this report makes every effort to present clear and conservative estimates of the economy using the Input-Output (IO) tables for Brookings County, South Dakota. The results depend heavily on the underlying assumptions, which are sometimes subject to some level of uncertainty. Best practice in impact analysis therefore dictates the adoption of the most conservative assumptions possible in order to avoid over- estimation of any positive benefits attributed to a given scenario. Direct and Indirect effects The economic impact of any institution can be broken down into two different types of effects on the economic: direct and indirect. The direct effect of South Dakota State University on the local economy, as shown in the table below, is comprised of the payroll, other compensation, and benefits paid to faculty and staff that work directly for the institution. In fiscal year 2009 total earnings associated with employment of faculty and staff totaled $109.4 million. Not all of this money, however, is interjected into the Brooking County community. Some of the money paid to faculty and staff and purchases of services are leaked out of the community into neighboring communities and other geographies. The model used for this analysis accounts for a loss of income based on commuting patterns of workers as well as leakage of dollars spent outside of the community. South Dakota State University Payroll, FY 2009 To assess how the local economy would be affected by the loss of South Dakota State University, we first looked at how the loss of payroll would affect the jobs and earnings in the regional economy. The direct effect of the university is, of course, the $109.4 million dollars in payroll paid to more than 2,2851 staff and faculty. The loss of SDSU would indirectly reduce earnings in the county by $32,406 million, thus resulting in a total earnings loss of $141,799 within Brookings County, 1 The number of full-time employees was taken from The Economic Impact of the South Dakota Public University System completed by the Government Research Bureau at The University of South Dakota. Salaries $85,782,853.04 Benefits $18,974,451.40 Travel – employees $4,636,123.54 Total $109,393,427.98 4 | P a g e South Dakota. This assumes that for every dollar lost in earnings, and therefore not spent in the local economy, the regional economy loses another $0.30 in earnings in the rest of the economy. Since SDSU is a public institution providing educational services on behalf of the state of South Dakota, the economic sector with the greatest impact is state government. Local government, however, would also see a loss of earnings (around $4.7 million) due to ripple effects (i.e. jobs associated with services provided to SDSU students such as the public transportation). The economic sectors most affected by a moving or closing SDSU outside of the county are construction – primarily the construction of building and specialty trade contractors, retail trade, and health care and social assistance. Table 2, below, presents a summary of the greatest earnings impact if South Dakota State University were no longer a factor in Brookings County. A more detailed breakdown by industry can be found in the Appendix. Top Impacted Sectors by Earnings In addition to the earnings loses, a great deal of employment would be affected without the income from SDSU employees. After adjustments are made for dollars that leave the local community, the total job loss would be 3,673. Every one job at SDSU spurs another 0.44 jobs in the regional economy. The industries most affected in terms of employment are food establishments, like full-service and limited service restaurants, and retail stores. Since SDSU is a public university much of the impact to jobs is at the state government level in Brookings County. However, the loss of jobs at the state level also impacts the local government employment levels which are projected to need 117 less jobs if the university were not located in the county. Full service and limited service restaurants, without the earnings of those who work for the university would have to cut their staffing by 116 jobs in the region and NAICS Description Original Earnings (K) Projected Change (K) Change 90 Government $238,574 ($114,188) -47.9% 23 Construction $36,263 ($8,632) -23.8% 62 Health Care and Social Assistance $40,846 ($3,691) -9.0% 44-45 Retail Trade $43,099 ($3,435) -8.0% 81 Other Services (ex. Public Administration) $21,399 ($1,835) -8.6% 72 Accommodation and Food Services $20,814 ($1,734) -8.3% 48-49 Transportation and Warehousing $20,741 ($1,369) -6.6% 53 Real Estate and Rental and Leasing $14,987 ($1,263) -8.4% 54 Professional, Scientific, and Technical Services $30,011 ($1,232) -4.1% 5 | P a g e this estimate does not include the loss of sales and revenue due to decreased student spending in the county. Top Impacted Sectors by Employment NAICS Description Original Employment Projected Job Change Change 90 Government 5,520 (2,661) -48.2% 23 Construction 871 (209) -24.0% 44-45 Retail Trade 2,101 (179) -8.5% 72 Accommodation and Food Services 1,714 (147) -8.6% 62 Health Care and Social Assistance 1,289 (108) -8.4% 81 Other Services (ex. Public Administration) 821 (82) -10.0% 53 Real Estate and Rental and Leasing 703 (63) -9.0% 56 Administrative and Support and Waste Management and Remediation Services 345 (51) -14.8% 54 Professional, Scientific, and Technical Services 841 (39) -4.6% 48-49 Transportation and Warehousing 397 (29) -7.3% 6 | P a g e APPENDIX Input Detail and Methodology The data was input into a model of the Brookings, County, South Dakota economy created by Economic Modeling Specialists, Inc. The mathematical model creates a baseline set of equations of buyer and supplier relationships across industries within a selected region. The baseline model can then be altered to predict how losing or gaining jobs will ultimately affect the other industries through ripple affects in the economy as well as goods and services provided by institutions and businesses outside of a region. This analysis used total earnings to assess the impact of South Dakota State University on the local community. Earnings, as defined for this report, means total annual wages, salaries, profits, benefits, and other compensation. The data on South Dakota State University earnings and employment used in the report was provided by the Brookings Economic Development Corporation. About Economic Modeling Specialists, Inc Economic Modeling Specialists, Inc (EMSI) provides integrated regional economic and labor market data, web-based analysis tools, data-driven reports, and consulting services. EMSI's expertise is centered on regional economics, data analysis, programming, and design so that it can provide the best available products and services for regional decision makers. In an effort to present the most “complete” possible picture of local economies, EMSI gathers data from federal and state sources, but primarily from the following federal sources: the Quarterly Census of Employment and Wages (QCEW), Non-Employer Statistics (NES), County Business Patterns (CBP), Regional Economic Information System (REIS), the Bureau of Labor Statistics' Occupational Employment Statistics and Employment Projections. Because the number of non-covered workers in a given area can be large, job figures in EMSI Complete will often be much larger than those in state LMI data. Briefly, the EMSI data integration process begins with the BEA’s REIS, which is considered the most accurate (but high-level/low-detail) data source. EMSI unsuppresses REIS data where necessary using CBP, and then uses QCEW (also unsuppressed using CBP) and NES to determine how to divide the high-level REIS numbers among more detailed industry codes—a process known as disaggregation. This employment is compared to the state-level numbers and adjusted accordingly, since state-level data contains fewer suppressions and is considered more accurate. 7 | P a g e Input-Output (IO) Model Data To create its IO model, EMSI starts with the national Input-Output or “A” Matrix that is comprised of the industry “Use” and “Make” matrices provided by the federal Bureau of Economic Analysis. The “A” Matrix is combined with the national TGO (Total Gross Output), regional jobs and sales data (which constitutes regional TGO), the land area of the subject region, regional DIRT (Dividends, Interest, Rent and Transfers) data, and regional in/out commuter patterns. Regional requirements, imports, and exports are then calculated which gives an idea of what goods and services are purchased in the region. This information is useful because the less import dependence a region has, the more money remains within the region and, subsequently, the more beneficial the ripple effects of adding jobs in various industries. 8 | P a g e Projected Impact of Loss of South Dakota State University (all affected industries) NAICS Code Description Original Earnings (K) Earnings Impact Change Original Jobs Job Impact Change 11 Agriculture, Forestry, Fishing and Hunting $68,201 ($306) -0.45% 1,195 (6) -0.50% 11A Crop and animal production $63,349 ($250) -0.39% 1,047 (4) -0.38% 11A0 Crop and animal production $63,349 ($250) -0.39% 1,047 (4) -0.38% 11A00 Crop and animal production $63,349 ($250) -0.39% 1,047 (4) -0.38% 11A000 Crop and animal production $63,349 ($250) -0.39% 1,047 (4) -0.38% 114 Fishing, Hunting and Trapping $26 ($2) -7.69% <10 -- -- 1141 Fishing $9 ($1) -11.11% <10 -- -- 11411 Fishing $9 ($1) -11.11% <10 -- -- 114111 Finfish Fishing $9 ($1) -11.11% <10 -- -- 1142 Hunting and Trapping $17 ($2) -11.76% <10 -- -- 11421 Hunting and Trapping $17 ($2) -11.76% <10 -- -- 114210 Hunting and Trapping $17 ($2) -11.76% <10 -- -- 115 Support Activities for Agriculture and Forestry $4,827 ($55) -1.14% 141 (2) -1.42% 1151 Support Activities for Crop Production $2,482 ($30) -1.21% 97 (1) -1.03% 11511 Support Activities for Crop Production $2,482 ($30) -1.21% 97 (1) -1.03% 115112 Soil Preparation, Planting, and Cultivating $294 ($5) -1.70% 18 0 0.00% 115113 Crop Harvesting, Primarily by Machine $21 ($1) -4.76% <10 -- -- 115114 Postharvest Crop Activities (except Cotton Ginning) $34 $0 0.00% <10 -- -- 115115 Farm Labor Contractors and Crew Leaders $1,085 ($18) -1.66% 51 (1) -1.96% 115116 Farm Management Services $1,048 ($7) -0.67% 16 0 0.00% 1152 Support Activities for Animal Production $2,345 ($24) -1.02% 44 0 0.00% 11521 Support Activities for Animal Production $2,345 ($24) -1.02% 44 0 0.00% 115210 Support Activities for Animal Production $2,345 ($24) -1.02% 44 0 0.00% 21 Mining, Quarrying, and Oil and Gas Extraction $2,079 ($34) -1.64% 54 0 0.00% 211 Oil and Gas Extraction $551 ($7) -1.27% 22 (1) -4.55% 2111 Oil and Gas Extraction $551 ($7) -1.27% 22 (1) -4.55% 21111 Oil and Gas Extraction $551 ($7) -1.27% 22 (1) -4.55% 9 | P a g e 211111 Crude Petroleum and Natural Gas Extraction $299 ($5) -1.67% <10 -- -- 211112 Natural Gas Liquid Extraction $252 ($2) -0.79% 12 0 0.00% 212 Mining (except Oil and Gas) $1,528 ($27) -1.77% 33 (1) -3.03% 2123 Nonmetallic Mineral Mining and Quarrying $1,528 ($27) -1.77% 33 (1) -3.03% 21231 Stone Mining and Quarrying $414 ($6) -1.45% <10 -- -- 212311 Dimension Stone Mining and Quarrying $414 ($6) -1.45% <10 -- -- 21232 Sand, Gravel, Clay, and Ceramic and Refractory Minerals Mining and Quarrying $1,114 ($21) -1.89% 25 0 0.00% 212321 Construction Sand and Gravel Mining $1,114 ($21) -1.89% 25 0 0.00% 22 Utilities $1,367 ($143) -10.46% 17 (2) -11.76% 221 Utilities $1,367 ($143) -10.46% 17 (2) -11.76% 2211 Electric Power Generation, Transmission and Distribution $487 ($46) -9.45% <10 -- -- 22111 Electric Power Generation $35 ($3) -8.57% <10 -- -- 221119 Other Electric Power Generation $35 ($3) -8.57% <10 -- -- 22112 Electric Power Transmission, Control, and Distribution $451 ($42) -9.31% <10 -- -- 221122 Electric Power Distribution $451 ($42) -9.31% <10 -- -- 2212 Natural Gas Distribution $880 ($97) -11.02% 11 (1) -9.09% 22121 Natural Gas Distribution $880 ($97) -11.02% 11 (1) -9.09% 221210 Natural Gas Distribution $880 ($97) -11.02% 11 (1) -9.09% 23 Construction $36,263 ($8,632) -23.80% 871 (209) -24.00% 236 Construction of Buildings $14,480 ($3,291) -22.73% 283 (64) -22.61% 2361 Residential Building Construction $6,513 ($1,674) -25.70% 171 (44) -25.73% 23611 Residential Building Construction $6,513 ($1,674) -25.70% 171 (44) -25.73% 236115 New Single-Family Housing Construction (except Operative Builders) $4,015 ($1,035) -25.78% 110 (28) -25.45% 236116 New Multifamily Housing Construction (except Operative Builders) $146 ($37) -25.34% <10 -- -- 236117 New Housing Operative Builders $949 ($242) -25.50% 21 (6) -28.57% 236118 Residential Remodelers $1,403 ($361) -25.73% 38 (10) -26.32% 2362 Nonresidential Building Construction $7,966 ($1,616) -20.29% 112 (20) -17.86% 23621 Industrial Building Construction $3,602 ($491) -13.63% 69 (9) -13.04% 236210 Industrial Building Construction $3,602 ($491) -13.63% 69 (9) -13.04% 23622 Commercial and Institutional Building Construction $4,364 ($1,125) -25.78% 43 (11) -25.58% 236220 Commercial and Institutional Building Construction $4,364 ($1,125) -25.78% 43 (11) -25.58% 10 | P a g e 237 Heavy and Civil Engineering Construction $3,326 ($767) -23.06% 57 (14) -24.56% 2371 Utility System Construction $1,883 ($397) -21.08% 19 (4) -21.05% 23711 Water and Sewer Line and Related Structures Construction $1,883 ($397) -21.08% 19 (4) -21.05% 237110 Water and Sewer Line and Related Structures Construction $1,883 ($397) -21.08% 19 (4) -21.05% 2372 Land Subdivision $51 ($13) -25.49% <10 -- -- 23721 Land Subdivision $51 ($13) -25.49% <10 -- -- 237210 Land Subdivision $51 ($13) -25.49% <10 -- -- 2373 Highway, Street, and Bridge Construction $404 ($104) -25.74% <10 -- -- 23731 Highway, Street, and Bridge Construction $404 ($104) -25.74% <10 -- -- 237310 Highway, Street, and Bridge Construction $404 ($104) -25.74% <10 -- -- 2379 Other Heavy and Civil Engineering Construction $988 ($253) -25.61% 26 (6) -23.08% 23799 Other Heavy and Civil Engineering Construction $988 ($253) -25.61% 26 (6) -23.08% 237990 Other Heavy and Civil Engineering Construction $988 ($253) -25.61% 26 (6) -23.08% 238 Specialty Trade Contractors $18,457 ($4,574) -24.78% 531 (131) -24.67% 2381 Foundation, Structure, and Building Exterior Contractors $2,422 ($615) -25.39% 88 (22) -25.00% 23811 Poured Concrete Foundation and Structure Contractors $1,003 ($255) -25.42% 33 (9) -27.27% 238111 Residential poured foundation contractors $295 ($75) -25.42% 11 (3) -27.27% 238112 Nonresidential poured foundation contractors $708 ($180) -25.42% 22 (6) -27.27% 23813 Framing Contractors $115 ($29) -25.22% <10 -- -- 238131 Residential framing contractors $115 ($29) -25.22% <10 -- -- 23814 Masonry Contractors $690 ($176) -25.51% 23 (6) -26.09% 238141 Residential masonry contractors $116 ($30) -25.86% <10 -- -- 238142 Nonresidential masonry contractors $574 ($147) -25.61% 18 (4) -22.22% 23815 Glass and Glazing Contractors $8 ($2) -25.00% <10 -- -- 238151 Residential glass and glazing contractors $1 ($1) -100.00% 0 0 -- 238152 Nonresidential glass and glazing contractors $7 ($1) -14.29% <10 -- -- 23816 Roofing Contractors $356 ($91) -25.56% 15 (4) -26.67% 238161 Residential roofing contractors $62 ($16) -25.81% <10 -- -- 238162 Nonresidential roofing contractors $294 ($75) -25.51% 10 (2) -20.00% 23817 Siding Contractors $189 ($47) -24.87% <10 -- -- 238171 Residential siding contractors $189 ($47) -24.87% <10 -- -- 11 | P a g e 23819 Other Foundation, Structure, and Building Exterior Contractors $62 ($15) -24.19% <10 -- -- 238191 Other residential exterior contractors $62 ($15) -24.19% <10 -- -- 2382 Building Equipment Contractors $7,919 ($1,985) -25.07% 198 (50) -25.25% 23821 Electrical Contractors and Other Wiring Installation Contractors $2,261 ($582) -25.74% 61 (15) -24.59% 238211 Residential electrical contractors $811 ($208) -25.65% 24 (6) -25.00% 238212 Nonresidential electrical contractors $1,451 ($374) -25.78% 37 (10) -27.03% 23822 Plumbing, Heating, and Air-Conditioning Contractors $4,819 ($1,190) -24.69% 119 (29) -24.37% 238221 Residential plumbing and HVAC contractors $3,450 ($837) -24.26% 87 (21) -24.14% 238222 Nonresidential plumbing and HVAC contractors $1,369 ($353) -25.79% 32 (8) -25.00% 23829 Other Building Equipment Contractors $839 ($214) -25.51% 17 (4) -23.53% 238292 Other nonresidential building equipment contractors $839 ($214) -25.51% 17 (4) -23.53% 2383 Building Finishing Contractors $3,350 ($751) -22.42% 134 (30) -22.39% 23831 Drywall and Insulation Contractors $780 ($199) -25.51% 30 (8) -26.67% 238311 Residential drywall contractors $388 ($99) -25.52% 20 (5) -25.00% 238312 Nonresidential drywall contractors $393 ($101) -25.70% <10 -- -- 23832 Painting and Wall Covering Contractors $388 ($100) -25.77% 18 (5) -27.78% 238322 Nonresidential painting contractors $388 ($100) -25.77% 18 (5) -27.78% 23833 Flooring Contractors $1,002 ($151) -15.07% 37 (6) -16.22% 238331 Residential flooring contractors $1,002 ($151) -15.07% 37 (6) -16.22% 23834 Tile and Terrazzo Contractors $113 ($28) -24.78% <10 -- -- 238341 Residential tile and terrazzo contractors $12 ($3) -25.00% <10 -- -- 238342 Nonresidential tile and terrazzo contractors $101 ($25) -24.75% <10 -- -- 23835 Finish Carpentry Contractors $1,019 ($261) -25.61% 42 (11) -26.19% 238351 Residential finish carpentry contractors $990 ($253) -25.56% 41 (10) -24.39% 238352 Nonresidential finish carpentry contractors $28 ($7) -25.00% <10 -- -- 23839 Other Building Finishing Contractors $48 ($12) -25.00% <10 -- -- 238391 Other residential finishing contractors $20 ($5) -25.00% <10 -- -- 238392 Other nonresidential finishing contractors $28 ($7) -25.00% <10 -- -- 2389 Other Specialty Trade Contractors $4,766 ($1,223) -25.66% 111 (28) -25.23% 23891 Site Preparation Contractors $2,951 ($758) -25.69% 63 (16) -25.40% 238911 Residential site preparation contractors $766 ($196) -25.59% 18 (4) -22.22% 12 | P a g e 238912 Nonresidential site preparation contractors $2,185 ($561) -25.68% 44 (11) -25.00% 23899 All Other Specialty Trade Contractors $1,815 ($466) -25.67% 49 (13) -26.53% 238991 All other residential trade contractors $895 ($230) -25.70% 17 (4) -23.53% 238992 All other nonresidential trade contractors $920 ($236) -25.65% 31 (8) -25.81% 31-33 Manufacturing $258,633 ($784) -0.30% 4,289 (19) -0.44% 311 Food Manufacturing $8,025 ($44) -0.55% 136 (2) -1.47% 3112 Grain and Oilseed Milling $5,949 ($2) -0.03% 92 0 0.00% 31122 Starch and Vegetable Fats and Oils Manufacturing $5,949 ($2) -0.03% 92 0 0.00% 311222 Soybean Processing $5,949 ($2) -0.03% 92 0 0.00% 3115 Dairy Product Manufacturing $1,914 ($22) -1.15% 32 (1) -3.13% 31151 Dairy Product (except Frozen) Manufacturing $1,914 ($22) -1.15% 32 (1) -3.13% 311514 Dry, Condensed, and Evaporated Dairy Product Manufacturing $1,914 ($22) -1.15% 32 (1) -3.13% 3118 Bakeries and Tortilla Manufacturing $103 ($14) -13.59% <10 -- -- 31181 Bread and Bakery Product Manufacturing $103 ($14) -13.59% <10 -- -- 311811 Retail Bakeries $103 ($14) -13.59% <10 -- -- 3119 Other Food Manufacturing $59 ($5) -8.47% <10 -- -- 31199 All Other Food Manufacturing $59 ($5) -8.47% <10 -- -- 311991 Perishable Prepared Food Manufacturing $59 ($5) -8.47% <10 -- -- 312 Beverage and Tobacco Product Manufacturing $26 ($2) -7.69% <10 -- -- 3121 Beverage Manufacturing $26 ($2) -7.69% <10 -- -- 31213 Wineries $26 ($2) -7.69% <10 -- -- 312130 Wineries $26 ($2) -7.69% <10 -- -- 314 Textile Product Mills $32 ($1) -3.13% <10 -- -- 3149 Other Textile Product Mills $32 ($1) -3.13% <10 -- -- 31499 All Other Textile Product Mills $32 ($1) -3.13% <10 -- -- 314999 All Other Miscellaneous Textile Product Mills $32 ($1) -3.13% <10 -- -- 315 Apparel Manufacturing $87 ($5) -5.75% <10 -- -- 3152 Cut and Sew Apparel Manufacturing $87 ($5) -5.75% <10 -- -- 31521 Cut and Sew Apparel Contractors $87 ($5) -5.75% <10 -- -- 315212 Women's, Girls', and Infants' Cut and Sew Apparel Contractors $87 ($5) -5.75% <10 -- -- 321 Wood Product Manufacturing $26,149 ($35) -0.13% 453 0 0.00% 13 | P a g e 3211 Sawmills and Wood Preservation $128 ($1) -0.78% <10 -- -- 32111 Sawmills and Wood Preservation $128 ($1) -0.78% <10 -- -- 321113 Sawmills $3 $0 0.00% <10 -- -- 321114 Wood Preservation $125 ($1) -0.80% <10 -- -- 3219 Other Wood Product Manufacturing $26,021 ($34) -0.13% 444 0 0.00% 32191 Millwork $26,017 ($35) -0.13% 443 0 0.00% 321911 Wood Window and Door Manufacturing $26,010 ($34) -0.13% 442 (1) -0.23% 321912 Cut Stock, Resawing Lumber, and Planing $7 $0 0.00% <10 -- -- 32192 Wood Container and Pallet Manufacturing $4 $0 0.00% <10 -- -- 321920 Wood Container and Pallet Manufacturing $4 $0 0.00% <10 -- -- 322 Paper Manufacturing $168 ($4) -2.38% <10 -- -- 3222 Converted Paper Product Manufacturing $168 ($4) -2.38% <10 -- -- 32221 Paperboard Container Manufacturing $168 ($4) -2.38% <10 -- -- 322211 Corrugated and Solid Fiber Box Manufacturing $168 ($4) -2.38% <10 -- -- 323 Printing and Related Support Activities $715 ($70) -9.79% 21 (2) -9.52% 3231 Printing and Related Support Activities $715 ($70) -9.79% 21 (2) -9.52% 32311 Printing $715 ($70) -9.79% 21 (2) -9.52% 323110 Commercial Lithographic Printing $56 ($2) -3.57% <10 -- -- 323113 Commercial Screen Printing $500 ($42) -8.40% 15 (2) -13.33% 323114 Quick Printing $159 ($26) -16.35% <10 -- -- 324 Petroleum and Coal Products Manufacturing $94 ($20) -21.28% <10 -- -- 3241 Petroleum and Coal Products Manufacturing $94 ($20) -21.28% <10 -- -- 32412 Asphalt Paving, Roofing, and Saturated Materials Manufacturing $94 ($20) -21.28% <10 -- -- 324121 Asphalt Paving Mixture and Block Manufacturing $94 ($20) -21.28% <10 -- -- 325 Chemical Manufacturing $6,356 ($5) -0.08% 93 0 0.00% 3251 Basic Chemical Manufacturing $6,206 ($4) -0.06% 91 0 0.00% 32519 Other Basic Organic Chemical Manufacturing $6,206 ($4) -0.06% 91 0 0.00% 325193 Ethyl Alcohol Manufacturing $6,206 ($4) -0.06% 91 0 0.00% 3254 Pharmaceutical and Medicine Manufacturing $151 ($2) -1.32% <10 -- -- 32541 Pharmaceutical and Medicine Manufacturing $151 ($2) -1.32% <10 -- -- 325412 Pharmaceutical Preparation Manufacturing $151 ($2) -1.32% <10 -- -- 14 | P a g e 326 Plastics and Rubber Products Manufacturing $3,136 ($89) -2.84% 84 (3) -3.57% 3261 Plastics Product Manufacturing $3,136 ($89) -2.84% 84 (3) -3.57% 32619 Other Plastics Product Manufacturing $3,136 ($89) -2.84% 84 (3) -3.57% 326199 All Other Plastics Product Manufacturing $3,136 ($89) -2.84% 84 (3) -3.57% 327 Nonmetallic Mineral Product Manufacturing $1,869 ($94) -5.03% 50 (3) -6.00% 3271 Clay Product and Refractory Manufacturing $85 ($3) -3.53% <10 -- -- 32711 Pottery, Ceramics, and Plumbing Fixture Manufacturing $85 ($3) -3.53% <10 -- -- 327112 Vitreous China, Fine Earthenware, and Other Pottery Product Manufacturing $85 ($3) -3.53% <10 -- -- 3273 Cement and Concrete Product Manufacturing $1,700 ($85) -5.00% 43 (2) -4.65% 32732 Ready-Mix Concrete Manufacturing $1,700 ($85) -5.00% 43 (2) -4.65% 327320 Ready-Mix Concrete Manufacturing $1,700 ($85) -5.00% 43 (2) -4.65% 3279 Other Nonmetallic Mineral Product Manufacturing $84 ($6) -7.14% <10 -- -- 32799 All Other Nonmetallic Mineral Product Manufacturing $84 ($6) -7.14% <10 -- -- 327991 Cut Stone and Stone Product Manufacturing $31 ($4) -12.90% <10 -- -- 327993 Mineral Wool Manufacturing $53 ($1) -1.89% <10 -- -- 332 Fabricated Metal Product Manufacturing $7,834 ($95) -1.21% 214 (3) -1.40% 3321 Forging and Stamping $2,222 ($10) -0.45% 66 0 0.00% 33211 Forging and Stamping $2,222 ($10) -0.45% 66 0 0.00% 332116 Metal Stamping $2,222 ($10) -0.45% 66 0 0.00% 3323 Architectural and Structural Metals Manufacturing $5,311 ($83) -1.56% 136 (2) -1.47% 33232 Ornamental and Architectural Metal Products Manufacturing $5,311 ($83) -1.56% 136 (2) -1.47% 332321 Metal Window and Door Manufacturing $1,820 ($25) -1.37% 43 (1) -2.33% 332322 Sheet Metal Work Manufacturing $3,299 ($48) -1.46% 89 (1) -1.12% 332323 Ornamental and Architectural Metal Work Manufacturing $192 ($10) -5.21% <10 -- -- 3327 Machine Shops; Turned Product; and Screw, Nut, and Bolt Manufacturing $144 ($1) -0.69% <10 -- -- 33271 Machine Shops $144 ($1) -0.69% <10 -- -- 332710 Machine Shops $144 ($1) -0.69% <10 -- -- 3328 Coating, Engraving, Heat Treating, and Allied Activities $157 ($2) -1.27% <10 -- -- 33281 Coating, Engraving, Heat Treating, and Allied Activities $157 ($2) -1.27% <10 -- -- 332812 Metal Coating, Engraving (except Jewelry and Silverware), and Allied Services to Manufacturers $157 ($2) -1.27% <10 -- -- 333 Machinery Manufacturing $15,093 ($20) -0.13% 329 (1) -0.30% 15 | P a g e 3334 Ventilation, Heating, Air-Conditioning, and Commercial Refrigeration Equipment Manufacturing $13,002 ($4) -0.03% 290 0 0.00% 33341 Ventilation, Heating, Air-Conditioning, and Commercial Refrigeration Equipment Manufacturing $13,002 ($4) -0.03% 290 0 0.00% 333412 Industrial and Commercial Fan and Blower Manufacturing $13,002 ($4) -0.03% 290 0 0.00% 3335 Metalworking Machinery Manufacturing $830 ($14) -1.69% 13 0 0.00% 33351 Metalworking Machinery Manufacturing $830 ($14) -1.69% 13 0 0.00% 333514 Special Die and Tool, Die Set, Jig, and Fixture Manufacturing $830 ($14) -1.69% 13 0 0.00% 3336 Engine, Turbine, and Power Transmission Equipment Manufacturing $611 ($1) -0.16% 14 0 0.00% 33361 Engine, Turbine, and Power Transmission Equipment Manufacturing $611 ($1) -0.16% 14 0 0.00% 333612 Speed Changer, Industrial High-Speed Drive, and Gear Manufacturing $611 ($1) -0.16% 14 0 0.00% 3339 Other General Purpose Machinery Manufacturing $650 ($1) -0.15% 11 0 0.00% 33399 All Other General Purpose Machinery Manufacturing $650 ($1) -0.15% 11 0 0.00% 333995 Fluid Power Cylinder and Actuator Manufacturing $650 ($1) -0.15% 11 0 0.00% 334 Computer and Electronic Product Manufacturing $843 ($13) -1.54% 25 0 0.00% 3341 Computer and Peripheral Equipment Manufacturing $51 $0 0.00% <10 -- -- 33411 Computer and Peripheral Equipment Manufacturing $51 $0 0.00% <10 -- -- 334119 Other Computer Peripheral Equipment Manufacturing $51 $0 0.00% <10 -- -- 3342 Communications Equipment Manufacturing $719 ($13) -1.81% 22 (1) -4.55% 33429 Other Communications Equipment Manufacturing $719 ($13) -1.81% 22 (1) -4.55% 334290 Other Communications Equipment Manufacturing $719 ($13) -1.81% 22 (1) -4.55% 3344 Semiconductor and Other Electronic Component Manufacturing $73 $0 0.00% <10 -- -- 33441 Semiconductor and Other Electronic Component Manufacturing $73 $0 0.00% <10 -- -- 334418 Printed Circuit Assembly (Electronic Assembly) Manufacturing $73 $0 0.00% <10 -- -- 335 Electrical Equipment, Appliance, and Component Manufacturing $2,184 ($13) -0.60% 36 0 0.00% 3353 Electrical Equipment Manufacturing $2,184 ($13) -0.60% 36 0 0.00% 33531 Electrical Equipment Manufacturing $2,184 ($13) -0.60% 36 0 0.00% 335314 Relay and Industrial Control Manufacturing $2,184 ($13) -0.60% 36 0 0.00% 336 Transportation Equipment Manufacturing $382 ($12) -3.14% <10 -- -- 3362 Motor Vehicle Body and Trailer Manufacturing $382 ($12) -3.14% <10 -- -- 33621 Motor Vehicle Body and Trailer Manufacturing $382 ($12) -3.14% <10 -- -- 336214 Travel Trailer and Camper Manufacturing $382 ($12) -3.14% <10 -- -- 337 Furniture and Related Product Manufacturing $4,472 ($57) -1.27% 144 (2) -1.39% 16 | P a g e 3371 Household and Institutional Furniture and Kitchen Cabinet Manufacturing $4,472 ($57) -1.27% 144 (2) -1.39% 33711 Wood Kitchen Cabinet and Countertop Manufacturing $711 ($36) -5.06% 18 (1) -5.56% 337110 Wood Kitchen Cabinet and Countertop Manufacturing $711 ($36) -5.06% 18 (1) -5.56% 33712 Household and Institutional Furniture Manufacturing $3,761 ($21) -0.56% 126 (1) -0.79% 337122 Nonupholstered Wood Household Furniture Manufacturing $3,761 ($21) -0.56% 126 (1) -0.79% 339 Miscellaneous Manufacturing $181,164 ($200) -0.11% 2,689 (3) -0.11% 3391 Medical Equipment and Supplies Manufacturing $91,861 ($157) -0.17% 1,123 (2) -0.18% 33911 Medical Equipment and Supplies Manufacturing $91,861 ($157) -0.17% 1,123 (2) -0.18% 339113 Surgical Appliance and Supplies Manufacturing $91,747 ($156) -0.17% 1,121 (2) -0.18% 339116 Dental Laboratories $115 ($2) -1.74% <10 -- -- 3399 Other Miscellaneous Manufacturing $89,303 ($44) -0.05% 1,566 (1) -0.06% 33991 Jewelry and Silverware Manufacturing $12 $0 0.00% <10 -- -- 339911 Jewelry (except Costume) Manufacturing $12 $0 0.00% <10 -- -- 33992 Sporting and Athletic Goods Manufacturing $35 ($2) -5.71% <10 -- -- 339920 Sporting and Athletic Goods Manufacturing $35 ($2) -5.71% <10 -- -- 33995 Sign Manufacturing $89,238 ($42) -0.05% 1,562 0 0.00% 339950 Sign Manufacturing $89,238 ($42) -0.05% 1,562 0 0.00% 33999 All Other Miscellaneous Manufacturing $18 $0 0.00% <10 -- -- 339999 All Other Miscellaneous Manufacturing $18 $0 0.00% <10 -- -- 42 Wholesale Trade $30,961 ($1,165) -3.76% 477 (17) -3.56% 423 Merchant Wholesalers, Durable Goods $8,895 ($345) -3.88% 150 (6) -4.00% 4231 Motor Vehicle and Motor Vehicle Parts and Supplies Merchant Wholesalers $368 ($33) -8.97% <10 -- -- 42312 Motor Vehicle Supplies and New Parts Merchant Wholesalers $368 ($33) -8.97% <10 -- -- 423120 Motor Vehicle Supplies and New Parts Merchant Wholesalers $368 ($33) -8.97% <10 -- -- 4232 Furniture and Home Furnishing Merchant Wholesalers $44 ($3) -6.82% <10 -- -- 42322 Home Furnishing Merchant Wholesalers $44 ($3) -6.82% <10 -- -- 423220 Home Furnishing Merchant Wholesalers $44 ($3) -6.82% <10 -- -- 4233 Lumber and Other Construction Materials Merchant Wholesalers $1,056 ($19) -1.80% 17 (1) -5.88% 42339 Other Construction Material Merchant Wholesalers $1,056 ($19) -1.80% 17 (1) -5.88% 423390 Other Construction Material Merchant Wholesalers $1,056 ($19) -1.80% 17 (1) -5.88% 4236 Electrical and Electronic Goods Merchant Wholesalers $161 ($15) -9.32% <10 -- -- 17 | P a g e 42361 Electrical Apparatus and Equipment, Wiring Supplies, and Related Equipment Merchant Wholesalers $161 ($15) -9.32% <10 -- -- 423610 Electrical Apparatus and Equipment, Wiring Supplies, and Related Equipment Merchant Wholesalers $161 ($15) -9.32% <10 -- -- 4237 Hardware, and Plumbing and Heating Equipment and Supplies Merchant Wholesalers $481 ($43) -8.94% <10 -- -- 42371 Hardware Merchant Wholesalers $86 ($8) -9.30% <10 -- -- 423710 Hardware Merchant Wholesalers $86 ($8) -9.30% <10 -- -- 42372 Plumbing and Heating Equipment and Supplies (Hydronics) Merchant Wholesalers $360 ($33) -9.17% <10 -- -- 423720 Plumbing and Heating Equipment and Supplies (Hydronics) Merchant Wholesalers $360 ($33) -9.17% <10 -- -- 42373 Warm Air Heating and Air-Conditioning Equipment and Supplies Merchant Wholesalers $35 ($3) -8.57% <10 -- -- 423730 Warm Air Heating and Air-Conditioning Equipment and Supplies Merchant Wholesalers $35 ($3) -8.57% <10 -- -- 4238 Machinery, Equipment, and Supplies Merchant Wholesalers $4,721 ($119) -2.52% 83 (2) -2.41% 42381 Construction and Mining (except Oil Well) Machinery and Equipment Merchant Wholesalers $266 ($24) -9.02% <10 -- -- 423810 Construction and Mining (except Oil Well) Machinery and Equipment Merchant Wholesalers $266 ($24) -9.02% <10 -- -- 42382 Farm and Garden Machinery and Equipment Merchant Wholesalers $3,887 ($58) -1.49% 74 (1) -1.35% 423820 Farm and Garden Machinery and Equipment Merchant Wholesalers $3,887 ($58) -1.49% 74 (1) -1.35% 42385 Service Establishment Equipment and Supplies Merchant Wholesalers $567 ($36) -6.35% <10 -- -- 423850 Service Establishment Equipment and Supplies Merchant Wholesalers $567 ($36) -6.35% <10 -- -- 4239 Miscellaneous Durable Goods Merchant Wholesalers $2,065 ($114) -5.52% 32 (2) -6.25% 42393 Recyclable Material Merchant Wholesalers $110 ($10) -9.09% <10 -- -- 423930 Recyclable Material Merchant Wholesalers $110 ($10) -9.09% <10 -- -- 42399 Other Miscellaneous Durable Goods Merchant Wholesalers $1,956 ($105) -5.37% 28 (1) -3.57% 423990 Other Miscellaneous Durable Goods Merchant Wholesalers $1,956 ($105) -5.37% 28 (1) -3.57% 424 Merchant Wholesalers, Nondurable Goods $17,379 ($400) -2.30% 263 (6) -2.28% 4241 Paper and Paper Product Merchant Wholesalers $363 ($33) -9.09% <10 -- -- 42412 Stationery and Office Supplies Merchant Wholesalers $59 ($5) -8.47% <10 -- -- 424120 Stationery and Office Supplies Merchant Wholesalers $59 ($5) -8.47% <10 -- -- 42413 Industrial and Personal Service Paper Merchant Wholesalers $303 ($27) -8.91% <10 -- -- 424130 Industrial and Personal Service Paper Merchant Wholesalers $303 ($27) -8.91% <10 -- -- 4244 Grocery and Related Product Merchant Wholesalers $662 ($54) -8.16% 11 (1) -9.09% 42443 Dairy Product (except Dried or Canned) Merchant Wholesalers $147 ($14) -9.52% <10 -- -- 424430 Dairy Product (except Dried or Canned) Merchant Wholesalers $147 ($14) -9.52% <10 -- -- 42445 Confectionery Merchant Wholesalers $440 ($34) -7.73% <10 -- -- 18 | P a g e 424450 Confectionery Merchant Wholesalers $440 ($34) -7.73% <10 -- -- 42449 Other Grocery and Related Products Merchant Wholesalers $75 ($7) -9.33% <10 -- -- 424490 Other Grocery and Related Products Merchant Wholesalers $75 ($7) -9.33% <10 -- -- 4245 Farm Product Raw Material Merchant Wholesalers $3,676 ($38) -1.03% 67 0 0.00% 42451 Grain and Field Bean Merchant Wholesalers $3,620 ($33) -0.91% 66 0 0.00% 424510 Grain and Field Bean Merchant Wholesalers $3,620 ($33) -0.91% 66 0 0.00% 42459 Other Farm Product Raw Material Merchant Wholesalers $57 ($6) -10.53% <10 -- -- 424590 Other Farm Product Raw Material Merchant Wholesalers $57 ($6) -10.53% <10 -- -- 4246 Chemical and Allied Products Merchant Wholesalers $1,517 ($107) -7.05% 20 (1) -5.00% 42461 Plastics Materials and Basic Forms and Shapes Merchant Wholesalers $124 ($11) -8.87% <10 -- -- 424610 Plastics Materials and Basic Forms and Shapes Merchant Wholesalers $124 ($11) -8.87% <10 -- -- 42469 Other Chemical and Allied Products Merchant Wholesalers $1,393 ($96) -6.89% 18 (1) -5.56% 424690 Other Chemical and Allied Products Merchant Wholesalers $1,393 ($96) -6.89% 18 (1) -5.56% 4247 Petroleum and Petroleum Products Merchant Wholesalers $5,163 ($81) -1.57% 69 (1) -1.45% 42471 Petroleum Bulk Stations and Terminals $2,433 ($26) -1.07% 46 (1) -2.17% 424710 Petroleum Bulk Stations and Terminals $2,433 ($26) -1.07% 46 (1) -2.17% 42472 Petroleum and Petroleum Products Merchant Wholesalers (except Bulk Stations and Terminals) $2,730 ($55) -2.01% 23 0 0.00% 424720 Petroleum and Petroleum Products Merchant Wholesalers (except Bulk Stations and Terminals) $2,730 ($55) -2.01% 23 0 0.00% 4249 Miscellaneous Nondurable Goods Merchant Wholesalers $5,999 ($89) -1.48% 88 (1) -1.14% 42491 Farm Supplies Merchant Wholesalers $5,741 ($66) -1.15% 82 (1) -1.22% 424910 Farm Supplies Merchant Wholesalers $5,741 ($66) -1.15% 82 (1) -1.22% 42499 Other Miscellaneous Nondurable Goods Merchant Wholesalers $258 ($23) -8.91% <10 -- -- 424990 Other Miscellaneous Nondurable Goods Merchant Wholesalers $258 ($23) -8.91% <10 -- -- 425 Wholesale Electronic Markets and Agents and Brokers $4,687 ($420) -8.96% 65 (6) -9.23% 4251 Wholesale Electronic Markets and Agents and Brokers $4,687 ($420) -8.96% 65 (6) -9.23% 42511 Business to Business Electronic Markets $85 ($8) -9.41% <10 -- -- 425110 Business to Business Electronic Markets $85 ($8) -9.41% <10 -- -- 42512 Wholesale Trade Agents and Brokers $4,602 ($412) -8.95% 64 (6) -9.38% 425120 Wholesale Trade Agents and Brokers $4,602 ($412) -8.95% 64 (6) -9.38% 44-45 Retail Trade $43,099 ($3,435) -7.97% 2,101 (179) -8.52% 441 Motor Vehicle and Parts Dealers $7,048 ($695) -9.86% 172 (17) -9.88% 19 | P a g e 4411 Automobile Dealers $4,452 ($493) -11.07% 94 (11) -11.70% 44111 New Car Dealers $3,658 ($406) -11.10% 71 (8) -11.27% 441110 New Car Dealers $3,658 ($406) -11.10% 71 (8) -11.27% 44112 Used Car Dealers $795 ($89) -11.20% 22 (2) -9.09% 441120 Used Car Dealers $795 ($89) -11.20% 22 (2) -9.09% 4412 Other Motor Vehicle Dealers $125 ($13) -10.40% <10 -- -- 44122 Motorcycle, Boat, and Other Motor Vehicle Dealers $125 ($13) -10.40% <10 -- -- 441221 Motorcycle, ATV, and Personal Watercraft Dealers $123 ($13) -10.57% <10 -- -- 441229 All Other Motor Vehicle Dealers $2 $0 0.00% <10 -- -- 4413 Automotive Parts, Accessories, and Tire Stores $2,470 ($187) -7.57% 72 (5) -6.94% 44131 Automotive Parts and Accessories Stores $1,530 ($113) -7.39% 56 (4) -7.14% 441310 Automotive Parts and Accessories Stores $1,530 ($113) -7.39% 56 (4) -7.14% 44132 Tire Dealers $941 ($76) -8.08% 16 (1) -6.25% 441320 Tire Dealers $941 ($76) -8.08% 16 (1) -6.25% 442 Furniture and Home Furnishings Stores $1,470 ($141) -9.59% 59 (6) -10.17% 4421 Furniture Stores $1,171 ($109) -9.31% 42 (3) -7.14% 44211 Furniture Stores $1,171 ($109) -9.31% 42 (3) -7.14% 442110 Furniture Stores $1,171 ($109) -9.31% 42 (3) -7.14% 4422 Home Furnishings Stores $300 ($33) -11.00% 17 (2) -11.76% 44221 Floor Covering Stores $284 ($31) -10.92% 13 (1) -7.69% 442210 Floor Covering Stores $284 ($31) -10.92% 13 (1) -7.69% 44229 Other Home Furnishings Stores $16 ($2) -12.50% <10 -- -- 442291 Window Treatment Stores $13 ($1) -7.69% <10 -- -- 442299 All Other Home Furnishings Stores $2 $0 0.00% <10 -- -- 443 Electronics and Appliance Stores $1,065 ($95) -8.92% 52 (4) -7.69% 4431 Electronics and Appliance Stores $1,065 ($95) -8.92% 52 (4) -7.69% 44311 Appliance, Television, and Other Electronics Stores $582 ($41) -7.04% 31 (2) -6.45% 443111 Household Appliance Stores $462 ($28) -6.06% 24 (2) -8.33% 443112 Radio, Television, and Other Electronics Stores $120 ($13) -10.83% <10 -- -- 44312 Computer and Software Stores $460 ($51) -11.09% 20 (2) -10.00% 443120 Computer and Software Stores $460 ($51) -11.09% 20 (2) -10.00% 20 | P a g e 44313 Camera and Photographic Supplies Stores $23 ($3) -13.04% <10 -- -- 443130 Camera and Photographic Supplies Stores $23 ($3) -13.04% <10 -- -- 444 Building Material and Garden Equipment and Supplies Dealers $7,299 ($422) -5.78% 257 (15) -5.84% 4441 Building Material and Supplies Dealers $7,096 ($400) -5.64% 246 (14) -5.69% 44411 Home Centers $4,705 ($206) -4.38% 149 (7) -4.70% 444110 Home Centers $4,705 ($206) -4.38% 149 (7) -4.70% 44413 Hardware Stores $1,088 ($49) -4.50% 54 (2) -3.70% 444130 Hardware Stores $1,088 ($49) -4.50% 54 (2) -3.70% 44419 Other Building Material Dealers $1,303 ($144) -11.05% 43 (5) -11.63% 444190 Other Building Material Dealers $1,303 ($144) -11.05% 43 (5) -11.63% 4442 Lawn and Garden Equipment and Supplies Stores $203 ($23) -11.33% 11 (1) -9.09% 44421 Outdoor Power Equipment Stores $25 ($3) -12.00% <10 -- -- 444210 Outdoor Power Equipment Stores $25 ($3) -12.00% <10 -- -- 44422 Nursery, Garden Center, and Farm Supply Stores $178 ($20) -11.24% <10 -- -- 444220 Nursery, Garden Center, and Farm Supply Stores $178 ($20) -11.24% <10 -- -- 445 Food and Beverage Stores $5,414 ($592) -10.93% 400 (44) -11.00% 4451 Grocery Stores $4,866 ($540) -11.10% 357 (40) -11.20% 44511 Supermarkets and Other Grocery (except Convenience) Stores $4,536 ($503) -11.09% 353 (39) -11.05% 445110 Supermarkets and Other Grocery (except Convenience) Stores $4,536 ($503) -11.09% 353 (39) -11.05% 44512 Convenience Stores $330 ($37) -11.21% <10 -- -- 445120 Convenience Stores $330 ($37) -11.21% <10 -- -- 4452 Specialty Food Stores $549 ($53) -9.65% 43 (4) -9.30% 44521 Meat Markets $84 ($9) -10.71% <10 -- -- 445210 Meat Markets $84 ($9) -10.71% <10 -- -- 44522 Fish and Seafood Markets $27 ($3) -11.11% <10 -- -- 445220 Fish and Seafood Markets $27 ($3) -11.11% <10 -- -- 44523 Fruit and Vegetable Markets $29 ($3) -10.34% <10 -- -- 445230 Fruit and Vegetable Markets $29 ($3) -10.34% <10 -- -- 44529 Other Specialty Food Stores $408 ($38) -9.31% 32 (3) -9.38% 445291 Baked Goods Stores $197 ($14) -7.11% <10 -- -- 445292 Confectionery and Nut Stores $20 ($2) -10.00% <10 -- -- 21 | P a g e 445299 All Other Specialty Food Stores $190 ($21) -11.05% 22 (2) -9.09% 446 Health and Personal Care Stores $1,344 ($143) -10.64% 73 (8) -10.96% 4461 Health and Personal Care Stores $1,344 ($143) -10.64% 73 (8) -10.96% 44611 Pharmacies and Drug Stores $788 ($87) -11.04% 36 (4) -11.11% 446110 Pharmacies and Drug Stores $788 ($87) -11.04% 36 (4) -11.11% 44612 Cosmetics, Beauty Supplies, and Perfume Stores $70 ($8) -11.43% 13 (2) -15.38% 446120 Cosmetics, Beauty Supplies, and Perfume Stores $70 ($8) -11.43% 13 (2) -15.38% 44613 Optical Goods Stores $269 ($23) -8.55% 13 (1) -7.69% 446130 Optical Goods Stores $269 ($23) -8.55% 13 (1) -7.69% 44619 Other Health and Personal Care Stores $217 ($24) -11.06% 11 (1) -9.09% 446191 Food (Health) Supplement Stores $31 ($4) -12.90% <10 -- -- 446199 All Other Health and Personal Care Stores $186 ($21) -11.29% <10 -- -- 447 Gasoline Stations $5,213 ($249) -4.78% 192 (9) -4.69% 4471 Gasoline Stations $5,213 ($249) -4.78% 192 (9) -4.69% 44711 Gasoline Stations with Convenience Stores $4,001 ($204) -5.10% 174 (9) -5.17% 447110 Gasoline Stations with Convenience Stores $4,001 ($204) -5.10% 174 (9) -5.17% 44719 Other Gasoline Stations $1,211 ($44) -3.63% 18 0 0.00% 447190 Other Gasoline Stations $1,211 ($44) -3.63% 18 0 0.00% 448 Clothing and Clothing Accessories Stores $1,049 ($116) -11.06% 71 (8) -11.27% 4481 Clothing Stores $550 ($61) -11.09% 47 (5) -10.64% 44812 Women's Clothing Stores $94 ($10) -10.64% 13 (1) -7.69% 448120 Women's Clothing Stores $94 ($10) -10.64% 13 (1) -7.69% 44813 Children's and Infants' Clothing Stores $10 ($1) -10.00% <10 -- -- 448130 Children's and Infants' Clothing Stores $10 ($1) -10.00% <10 -- -- 44814 Family Clothing Stores $330 ($37) -11.21% 23 (3) -13.04% 448140 Family Clothing Stores $330 ($37) -11.21% 23 (3) -13.04% 44815 Clothing Accessories Stores $55 ($6) -10.91% <10 -- -- 448150 Clothing Accessories Stores $55 ($6) -10.91% <10 -- -- 44819 Other Clothing Stores $61 ($7) -11.48% <10 -- -- 448190 Other Clothing Stores $61 ($7) -11.48% <10 -- -- 4482 Shoe Stores $51 ($5) -9.80% <10 -- -- 22 | P a g e 44821 Shoe Stores $51 ($5) -9.80% <10 -- -- 448210 Shoe Stores $51 ($5) -9.80% <10 -- -- 4483 Jewelry, Luggage, and Leather Goods Stores $448 ($50) -11.16% 18 (2) -11.11% 44831 Jewelry Stores $448 ($50) -11.16% 18 (2) -11.11% 448310 Jewelry Stores $448 ($50) -11.16% 18 (2) -11.11% 451 Sporting Goods, Hobby, Book, and Music Stores $1,209 ($92) -7.61% 81 (7) -8.64% 4511 Sporting Goods, Hobby, and Musical Instrument Stores $1,161 ($87) -7.49% 75 (6) -8.00% 45111 Sporting Goods Stores $1,013 ($70) -6.91% 58 (4) -6.90% 451110 Sporting Goods Stores $1,013 ($70) -6.91% 58 (4) -6.90% 45112 Hobby, Toy, and Game Stores $93 ($10) -10.75% 13 (2) -15.38% 451120 Hobby, Toy, and Game Stores $93 ($10) -10.75% 13 (2) -15.38% 45113 Sewing, Needlework, and Piece Goods Stores $55 ($6) -10.91% <10 -- -- 451130 Sewing, Needlework, and Piece Goods Stores $55 ($6) -10.91% <10 -- -- 4512 Book, Periodical, and Music Stores $48 ($5) -10.42% <10 -- -- 45121 Book Stores and News Dealers $48 ($5) -10.42% <10 -- -- 451211 Book Stores $48 ($5) -10.42% <10 -- -- 452 General Merchandise Stores $8,677 ($538) -6.20% 419 (26) -6.21% 4521 Department Stores $3,025 ($145) -4.79% 236 (11) -4.66% 45211 Department Stores $3,025 ($145) -4.79% 236 (11) -4.66% 452111 Department Stores (except Discount Department Stores) $3,025 ($145) -4.79% 236 (11) -4.66% 4529 Other General Merchandise Stores $5,651 ($392) -6.94% 183 (15) -8.20% 45291 Warehouse Clubs and Supercenters $3,347 ($316) -9.44% 139 (13) -9.35% 452910 Warehouse Clubs and Supercenters $3,347 ($316) -9.44% 139 (13) -9.35% 45299 All Other General Merchandise Stores $2,304 ($75) -3.26% 43 (1) -2.33% 452990 All Other General Merchandise Stores $2,304 ($75) -3.26% 43 (1) -2.33% 453 Miscellaneous Store Retailers $1,562 ($168) -10.76% 142 (15) -10.56% 4531 Florists $72 ($8) -11.11% 14 (1) -7.14% 45311 Florists $72 ($8) -11.11% 14 (1) -7.14% 453110 Florists $72 ($8) -11.11% 14 (1) -7.14% 4532 Office Supplies, Stationery, and Gift Stores $674 ($74) -10.98% 49 (5) -10.20% 45321 Office Supplies and Stationery Stores $340 ($38) -11.18% 15 (2) -13.33% 23 | P a g e 453210 Office Supplies and Stationery Stores $340 ($38) -11.18% 15 (2) -13.33% 45322 Gift, Novelty, and Souvenir Stores $334 ($37) -11.08% 34 (4) -11.76% 453220 Gift, Novelty, and Souvenir Stores $334 ($37) -11.08% 34 (4) -11.76% 4533 Used Merchandise Stores $417 ($41) -9.83% 49 (5) -10.20% 45331 Used Merchandise Stores $417 ($41) -9.83% 49 (5) -10.20% 453310 Used Merchandise Stores $417 ($41) -9.83% 49 (5) -10.20% 4539 Other Miscellaneous Store Retailers $400 ($45) -11.25% 30 (4) -13.33% 45392 Art Dealers $33 ($4) -12.12% <10 -- -- 453920 Art Dealers $33 ($4) -12.12% <10 -- -- 45399 All Other Miscellaneous Store Retailers $367 ($41) -11.17% 25 (2) -8.00% 453991 Tobacco Stores $12 ($2) -16.67% <10 -- -- 453998 All Other Miscellaneous Store Retailers (except Tobacco Stores) $356 ($40) -11.24% 24 (3) -12.50% 454 Nonstore Retailers $1,750 ($185) -10.57% 183 (20) -10.93% 4541 Electronic Shopping and Mail-Order Houses $576 ($64) -11.11% 20 (2) -10.00% 45411 Electronic Shopping and Mail-Order Houses $576 ($64) -11.11% 20 (2) -10.00% 454111 Electronic Shopping $554 ($61) -11.01% 15 (1) -6.67% 454113 Mail-Order Houses $21 ($2) -9.52% <10 -- -- 4543 Direct Selling Establishments $1,174 ($121) -10.31% 163 (18) -11.04% 45431 Fuel Dealers $311 ($25) -8.04% <10 -- -- 454311 Heating Oil Dealers $311 ($25) -8.04% <10 -- -- 45439 Other Direct Selling Establishments $862 ($95) -11.02% 157 (17) -10.83% 454390 Other Direct Selling Establishments $862 ($95) -11.02% 157 (17) -10.83% 48-49 Transportation and Warehousing $20,741 ($1,369) -6.60% 397 (29) -7.30% 482 Rail Transportation $3,675 ($208) -5.66% 39 (2) -5.13% 4821 Rail Transportation $3,675 ($208) -5.66% 39 (2) -5.13% 48211 Rail Transportation $3,675 ($208) -5.66% 39 (2) -5.13% 482110 Rail transportation $3,675 ($208) -5.66% 39 (2) -5.13% 484 Truck Transportation $8,024 ($572) -7.13% 186 (13) -6.99% 4841 General Freight Trucking $5,452 ($418) -7.67% 115 (9) -7.83% 48411 General Freight Trucking, Local $569 ($43) -7.56% 17 (1) -5.88% 484110 General Freight Trucking, Local $569 ($43) -7.56% 17 (1) -5.88% 24 | P a g e 48412 General Freight Trucking, Long-Distance $4,882 ($374) -7.66% 98 (7) -7.14% 484121 General Freight Trucking, Long-Distance, Truckload $4,258 ($326) -7.66% 86 (6) -6.98% 484122 General Freight Trucking, Long-Distance, Less Than Truckload $624 ($48) -7.69% 12 (1) -8.33% 4842 Specialized Freight Trucking $2,572 ($153) -5.95% 71 (4) -5.63% 48421 Used Household and Office Goods Moving $366 ($28) -7.65% 13 (1) -7.69% 484210 Used Household and Office Goods Moving $366 ($28) -7.65% 13 (1) -7.69% 48422 Specialized Freight (except Used Goods) Trucking, Local $2,034 ($112) -5.51% 55 (3) -5.45% 484220 Specialized Freight (except Used Goods) Trucking, Local $2,034 ($112) -5.51% 55 (3) -5.45% 48423 Specialized Freight (except Used Goods) Trucking, Long-Distance $172 ($13) -7.56% <10 -- -- 484230 Specialized Freight (except Used Goods) Trucking, Long-Distance $172 ($13) -7.56% <10 -- -- 485 Transit and Ground Passenger Transportation $730 ($52) -7.12% 31 (3) -9.68% 4851 Urban Transit Systems $632 ($33) -5.22% 23 (2) -8.70% 48511 Urban Transit Systems $632 ($33) -5.22% 23 (2) -8.70% 485113 Bus and Other Motor Vehicle Transit Systems $632 ($33) -5.22% 23 (2) -8.70% 4853 Taxi and Limousine Service $64 ($12) -18.75% <10 -- -- 48531 Taxi Service $64 ($12) -18.75% <10 -- -- 485310 Taxi Service $64 ($12) -18.75% <10 -- -- 4854 School and Employee Bus Transportation $2 $0 0.00% 0 0 -- 48541 School and Employee Bus Transportation $2 $0 0.00% 0 0 -- 485410 School and Employee Bus Transportation $2 $0 0.00% 0 0 -- 4859 Other Transit and Ground Passenger Transportation $32 ($6) -18.75% <10 -- -- 48599 Other Transit and Ground Passenger Transportation $32 ($6) -18.75% <10 -- -- 485991 Special Needs Transportation $32 ($6) -18.75% <10 -- -- 486 Pipeline Transportation $2,678 ($16) -0.60% 24 0 0.00% 4862 Pipeline Transportation of Natural Gas $2,678 ($16) -0.60% 24 0 0.00% 48621 Pipeline Transportation of Natural Gas $2,678 ($16) -0.60% 24 0 0.00% 486210 Pipeline Transportation of Natural Gas $2,678 ($16) -0.60% 24 0 0.00% 488 Support Activities for Transportation $219 ($1) -0.46% <10 -- -- 4885 Freight Transportation Arrangement $219 ($1) -0.46% <10 -- -- 48851 Freight Transportation Arrangement $219 ($1) -0.46% <10 -- -- 488510 Freight Transportation Arrangement $219 ($1) -0.46% <10 -- -- 25 | P a g e 491 Postal Service $2,839 ($336) -11.84% 52 (6) -11.54% 4911 Postal Service $2,839 ($336) -11.84% 52 (6) -11.54% 49111 Postal Service $2,839 ($336) -11.84% 52 (6) -11.54% 491110 Postal Service $2,839 ($336) -11.84% 52 (6) -11.54% 492 Couriers and Messengers $1,918 ($111) -5.79% 34 (2) -5.88% 4921 Couriers and Express Delivery Services $1,916 ($111) -5.79% 33 (2) -6.06% 49211 Couriers and Express Delivery Services $1,916 ($111) -5.79% 33 (2) -6.06% 492110 Couriers and Express Delivery Services $1,916 ($111) -5.79% 33 (2) -6.06% 4922 Local Messengers and Local Delivery $2 $0 0.00% <10 -- -- 49221 Local Messengers and Local Delivery $2 $0 0.00% <10 -- -- 492210 Local Messengers and Local Delivery $2 $0 0.00% <10 -- -- 493 Warehousing and Storage $658 ($74) -11.25% 26 (3) -11.54% 4931 Warehousing and Storage $658 ($74) -11.25% 26 (3) -11.54% 49311 General Warehousing and Storage $602 ($67) -11.13% 25 (3) -12.00% 493110 General Warehousing and Storage $602 ($67) -11.13% 25 (3) -12.00% 49319 Other Warehousing and Storage $56 ($6) -10.71% <10 -- -- 493190 Other Warehousing and Storage $56 ($6) -10.71% <10 -- -- 51 Information $5,603 ($556) -9.92% 186 (16) -8.60% 511 Publishing Industries (except Internet) $1,567 ($177) -11.30% 63 (7) -11.11% 5111 Newspaper, Periodical, Book, and Directory Publishers $1,559 ($177) -11.35% 61 (7) -11.48% 51111 Newspaper Publishers $1,165 ($140) -12.02% 47 (5) -10.64% 511110 Newspaper Publishers $1,165 ($140) -12.02% 47 (5) -10.64% 51112 Periodical Publishers $374 ($38) -10.16% 13 (1) -7.69% 511120 Periodical Publishers $374 ($38) -10.16% 13 (1) -7.69% 51113 Book Publishers $20 $0 0.00% <10 -- -- 511130 Book Publishers $20 $0 0.00% <10 -- -- 5112 Software Publishers $8 $0 0.00% <10 -- -- 51121 Software Publishers $8 $0 0.00% <10 -- -- 511210 Software Publishers $8 $0 0.00% <10 -- -- 512 Motion Picture and Sound Recording Industries $253 ($6) -2.37% 31 (1) -3.23% 5121 Motion Picture and Video Industries $239 ($6) -2.51% 30 0 0.00% 26 | P a g e 51211 Motion Picture and Video Production $50 ($1) -2.00% <10 -- -- 512110 Motion Picture and Video Production $50 ($1) -2.00% <10 -- -- 51213 Motion Picture and Video Exhibition $189 ($5) -2.65% 29 (1) -3.45% 512131 Motion Picture Theaters (except Drive-Ins) $189 ($5) -2.65% 29 (1) -3.45% 5122 Sound Recording Industries $14 ($1) -7.14% <10 -- -- 51229 Other Sound Recording Industries $14 ($1) -7.14% <10 -- -- 512290 Other Sound Recording Industries $14 ($1) -7.14% <10 -- -- 515 Broadcasting (except Internet) $1,109 ($17) -1.53% 35 0 0.00% 5151 Radio and Television Broadcasting $1,109 ($17) -1.53% 35 0 0.00% 51511 Radio Broadcasting $1,109 ($17) -1.53% 35 0 0.00% 515112 Radio Stations $1,109 ($17) -1.53% 35 0 0.00% 517 Telecommunications $1,946 ($340) -17.47% 45 (8) -17.78% 5171 Wired Telecommunications Carriers $1,418 ($249) -17.56% 27 (5) -18.52% 51711 Wired Telecommunications Carriers $1,418 ($249) -17.56% 27 (5) -18.52% 517110 Wired Telecommunications Carriers $1,418 ($249) -17.56% 27 (5) -18.52% 5172 Wireless Telecommunications Carriers (except Satellite) $488 ($85) -17.42% 12 (2) -16.67% 51721 Wireless Telecommunications Carriers (except Satellite) $488 ($85) -17.42% 12 (2) -16.67% 517210 Wireless Telecommunications Carriers (except Satellite) $488 ($85) -17.42% 12 (2) -16.67% 5179 Other Telecommunications $41 ($7) -17.07% <10 -- -- 51791 Other Telecommunications $41 ($7) -17.07% <10 -- -- 517911 Telecommunications Resellers $41 ($7) -17.07% <10 -- -- 518 Data Processing, Hosting and Related Services $631 ($14) -2.22% 11 0 0.00% 5182 Data Processing, Hosting, and Related Services $631 ($14) -2.22% 11 0 0.00% 51821 Data Processing, Hosting, and Related Services $631 ($14) -2.22% 11 0 0.00% 518210 Data Processing, Hosting, and Related Services $631 ($14) -2.22% 11 0 0.00% 519 Other Information Services $96 $0 0.00% <10 -- -- 5191 Other Information Services $96 $0 0.00% <10 -- -- 51913 Internet Publishing and Broadcasting and Web Search Portals $87 $0 0.00% <10 -- -- 519130 Internet Publishing and Broadcasting and Web Search Portals $87 $0 0.00% <10 -- -- 51919 All Other Information Services $9 $0 0.00% <10 -- -- 519190 All Other Information Services $9 $0 0.00% <10 -- -- 27 | P a g e 52 Finance and Insurance $26,482 ($288) -1.09% 810 (9) -1.11% 522 Credit Intermediation and Related Activities $16,318 ($221) -1.35% 372 (5) -1.34% 5221 Depository Credit Intermediation $13,512 ($195) -1.44% 282 (4) -1.42% 52211 Commercial Banking $11,961 ($178) -1.49% 241 (4) -1.66% 522110 Commercial Banking $11,961 ($178) -1.49% 241 (4) -1.66% 52212 Savings Institutions $1,516 ($17) -1.12% 38 (1) -2.63% 522120 Savings Institutions $1,516 ($17) -1.12% 38 (1) -2.63% 52213 Credit Unions $35 $0 0.00% <10 -- -- 522130 Credit Unions $35 $0 0.00% <10 -- -- 5222 Nondepository Credit Intermediation $234 ($1) -0.43% <10 -- -- 52229 Other Nondepository Credit Intermediation $234 ($1) -0.43% <10 -- -- 522291 Consumer Lending $221 ($1) -0.45% <10 -- -- 522298 All Other Nondepository Credit Intermediation $13 $0 0.00% <10 -- -- 5223 Activities Related to Credit Intermediation $2,573 ($26) -1.01% 81 (1) -1.23% 52232 Financial Transactions Processing, Reserve, and Clearinghouse Activities $2,544 ($25) -0.98% 79 (1) -1.27% 522320 Financial Transactions Processing, Reserve, and Clearinghouse Activities $2,544 ($25) -0.98% 79 (1) -1.27% 52239 Other Activities Related to Credit Intermediation $28 $0 0.00% <10 -- -- 522390 Other Activities Related to Credit Intermediation $28 $0 0.00% <10 -- -- 523 Securities, Commodity Contracts, and Other Financial Investments and Related Activities $5,028 ($9) -0.18% 150 (1) -0.67% 5231 Securities and Commodity Contracts Intermediation and Brokerage $1,654 ($2) -0.12% 40 0 0.00% 52311 Investment Banking and Securities Dealing $210 $0 0.00% <10 -- -- 523110 Investment Banking and Securities Dealing $210 $0 0.00% <10 -- -- 52312 Securities Brokerage $1,294 ($2) -0.15% 27 0 0.00% 523120 Securities Brokerage $1,294 ($2) -0.15% 27 0 0.00% 52314 Commodity Contracts Brokerage $150 $0 0.00% <10 -- -- 523140 Commodity Contracts Brokerage $150 $0 0.00% <10 -- -- 5239 Other Financial Investment Activities $3,374 ($7) -0.21% 110 0 0.00% 52391 Miscellaneous Intermediation $197 $0 0.00% <10 -- -- 523910 Miscellaneous Intermediation $197 $0 0.00% <10 -- -- 52392 Portfolio Management $1,773 ($3) -0.17% 53 (1) -1.89% 523920 Portfolio Management $1,773 ($3) -0.17% 53 (1) -1.89% 28 | P a g e 52393 Investment Advice $1,150 ($3) -0.26% 45 0 0.00% 523930 Investment Advice $1,150 ($3) -0.26% 45 0 0.00% 52399 All Other Financial Investment Activities $254 $0 0.00% <10 -- -- 523991 Trust, Fiduciary, and Custody Activities $254 $0 0.00% <10 -- -- 524 Insurance Carriers and Related Activities $4,505 ($51) -1.13% 121 (2) -1.65% 5241 Insurance Carriers $282 ($26) -9.22% <10 -- -- 52412 Direct Insurance (except Life, Health, and Medical) Carriers $282 ($26) -9.22% <10 -- -- 524126 Direct Property and Casualty Insurance Carriers $99 ($9) -9.09% <10 -- -- 524127 Direct Title Insurance Carriers $183 ($17) -9.29% <10 -- -- 5242 Agencies, Brokerages, and Other Insurance Related Activities $4,223 ($25) -0.59% 111 0 0.00% 52421 Insurance Agencies and Brokerages $3,821 ($24) -0.63% 101 (1) -0.99% 524210 Insurance Agencies and Brokerages $3,821 ($24) -0.63% 101 (1) -0.99% 52429 Other Insurance Related Activities $402 ($2) -0.50% 10 0 0.00% 524291 Claims Adjusting $294 ($1) -0.34% <10 -- -- 524292 Third Party Administration of Insurance and Pension Funds $108 $0 0.00% <10 -- -- 525 Funds, Trusts, and Other Financial Vehicles $631 ($8) -1.27% 168 (2) -1.19% 5259 Other Investment Pools and Funds $631 ($8) -1.27% 168 (2) -1.19% 52592 Trusts, Estates, and Agency Accounts $631 ($8) -1.27% 168 (2) -1.19% 525920 Trusts, Estates, and Agency Accounts $631 ($8) -1.27% 168 (2) -1.19% 53 Real Estate and Rental and Leasing $14,987 ($1,263) -8.43% 703 (63) -8.96% 531 Real Estate $13,075 ($991) -7.58% 634 (55) -8.68% 5311 Lessors of Real Estate $9,048 ($559) -6.18% 378 (26) -6.88% 53111 Lessors of Residential Buildings and Dwellings $4,642 ($341) -7.35% 256 (19) -7.42% 531110 Lessors of Residential Buildings and Dwellings $4,642 ($341) -7.35% 256 (19) -7.42% 53112 Lessors of Nonresidential Buildings (except Miniwarehouses) $1,013 ($111) -10.96% 47 (5) -10.64% 531120 Lessors of Nonresidential Buildings (except Miniwarehouses) $1,013 ($111) -10.96% 47 (5) -10.64% 53113 Lessors of Miniwarehouses and Self-Storage Units $146 ($16) -10.96% <10 -- -- 531130 Lessors of Miniwarehouses and Self-Storage Units $146 ($16) -10.96% <10 -- -- 53119 Lessors of Other Real Estate Property $3,246 ($90) -2.77% 68 (2) -2.94% 531190 Lessors of Other Real Estate Property $3,246 ($90) -2.77% 68 (2) -2.94% 5312 Offices of Real Estate Agents and Brokers $1,690 ($185) -10.95% 89 (10) -11.24% 29 | P a g e 53121 Offices of Real Estate Agents and Brokers $1,690 ($185) -10.95% 89 (10) -11.24% 531210 Offices of Real Estate Agents and Brokers $1,690 ($185) -10.95% 89 (10) -11.24% 5313 Activities Related to Real Estate $2,338 ($248) -10.61% 166 (18) -10.84% 53131 Real Estate Property Managers $768 ($84) -10.94% 86 (9) -10.47% 531311 Residential Property Managers $657 ($72) -10.96% 71 (8) -11.27% 531312 Nonresidential Property Managers $111 ($12) -10.81% 15 (2) -13.33% 53132 Offices of Real Estate Appraisers $103 ($11) -10.68% <10 -- -- 531320 Offices of Real Estate Appraisers $103 ($11) -10.68% <10 -- -- 53139 Other Activities Related to Real Estate $1,467 ($153) -10.43% 76 (8) -10.53% 531390 Other Activities Related to Real Estate $1,467 ($153) -10.43% 76 (8) -10.53% 532 Rental and Leasing Services $1,912 ($272) -14.23% 70 (10) -14.29% 5321 Automotive Equipment Rental and Leasing $41 $0 0.00% <10 -- -- 53212 Truck, Utility Trailer, and RV (Recreational Vehicle) Rental and Leasing $41 $0 0.00% <10 -- -- 532120 Truck, Utility Trailer, and RV (Recreational Vehicle) Rental and Leasing $41 $0 0.00% <10 -- -- 5322 Consumer Goods Rental $650 ($78) -12.00% 39 (4) -10.26% 53223 Video Tape and Disc Rental $161 ($18) -11.18% 16 (1) -6.25% 532230 Video Tape and Disc Rental $161 ($18) -11.18% 16 (1) -6.25% 53229 Other Consumer Goods Rental $489 ($60) -12.27% 23 (3) -13.04% 532291 Home Health Equipment Rental $196 ($28) -14.29% <10 -- -- 532299 All Other Consumer Goods Rental $293 ($32) -10.92% 13 (1) -7.69% 5323 General Rental Centers $242 ($36) -14.88% <10 -- -- 53231 General Rental Centers $242 ($36) -14.88% <10 -- -- 532310 General Rental Centers $242 ($36) -14.88% <10 -- -- 5324 Commercial and Industrial Machinery and Equipment Rental and Leasing $978 ($157) -16.05% 20 (4) -20.00% 53241 Construction, Transportation, Mining, and Forestry Machinery and Equipment Rental and Leasing $162 ($30) -18.52% <10 -- -- 532411 Commercial Air, Rail, and Water Transportation Equipment Rental and Leasing $68 ($12) -17.65% <10 -- -- 532412 Construction, Mining, and Forestry Machinery and Equipment Rental and Leasing $93 ($17) -18.28% <10 -- -- 53242 Office Machinery and Equipment Rental and Leasing $60 ($11) -18.33% <10 -- -- 532420 Office Machinery and Equipment Rental and Leasing $60 ($11) -18.33% <10 -- -- 53249 Other Commercial and Industrial Machinery and Equipment Rental and Leasing $757 ($117) -15.46% 15 (2) -13.33% 532490 Other Commercial and Industrial Machinery and Equipment Rental and Leasing $757 ($117) -15.46% 15 (2) -13.33% 30 | P a g e 54 Professional, Scientific, and Technical Services $30,011 ($1,232) -4.11% 841 (39) -4.64% 541 Professional, Scientific, and Technical Services $30,011 ($1,232) -4.11% 841 (39) -4.64% 5411 Legal Services $2,909 ($332) -11.41% 58 (6) -10.34% 54111 Offices of Lawyers $2,084 ($283) -13.58% 41 (6) -14.63% 541110 Offices of Lawyers $2,084 ($283) -13.58% 41 (6) -14.63% 54119 Other Legal Services $824 ($48) -5.83% 18 (1) -5.56% 541191 Title Abstract and Settlement Offices $752 ($41) -5.45% 16 0 0.00% 541199 All Other Legal Services $73 ($8) -10.96% <10 -- -- 5412 Accounting, Tax Preparation, Bookkeeping, and Payroll Services $1,365 ($139) -10.18% 61 (6) -9.84% 54121 Accounting, Tax Preparation, Bookkeeping, and Payroll Services $1,365 ($139) -10.18% 61 (6) -9.84% 541211 Offices of Certified Public Accountants $851 ($87) -10.22% 19 (2) -10.53% 541213 Tax Preparation Services $212 ($22) -10.38% <10 -- -- 541214 Payroll Services $14 ($1) -7.14% <10 -- -- 541219 Other Accounting Services $288 ($29) -10.07% 32 (3) -9.38% 5413 Architectural, Engineering, and Related Services $8,472 ($22) -0.26% 181 0 0.00% 54131 Architectural Services $46 $0 0.00% <10 -- -- 541310 Architectural Services $46 $0 0.00% <10 -- -- 54132 Landscape Architectural Services $58 $0 0.00% <10 -- -- 541320 Landscape Architectural Services $58 $0 0.00% <10 -- -- 54133 Engineering Services $4,647 ($5) -0.11% 77 0 0.00% 541330 Engineering Services $4,647 ($5) -0.11% 77 0 0.00% 54134 Drafting Services $8 $0 0.00% <10 -- -- 541340 Drafting Services $8 $0 0.00% <10 -- -- 54135 Building Inspection Services $9 $0 0.00% <10 -- -- 541350 Building Inspection Services $9 $0 0.00% <10 -- -- 54136 Geophysical Surveying and Mapping Services $30 $0 0.00% <10 -- -- 541360 Geophysical Surveying and Mapping Services $30 $0 0.00% <10 -- -- 54137 Surveying and Mapping (except Geophysical) Services $37 $0 0.00% <10 -- -- 541370 Surveying and Mapping (except Geophysical) Services $37 $0 0.00% <10 -- -- 54138 Testing Laboratories $3,637 ($17) -0.47% 92 0 0.00% 541380 Testing Laboratories $3,637 ($17) -0.47% 92 0 0.00% 31 | P a g e 5414 Specialized Design Services $229 ($3) -1.31% 14 0 0.00% 54141 Interior Design Services $25 $0 0.00% <10 -- -- 541410 Interior Design Services $25 $0 0.00% <10 -- -- 54142 Industrial Design Services $71 ($2) -2.82% <10 -- -- 541420 Industrial Design Services $71 ($2) -2.82% <10 -- -- 54143 Graphic Design Services $133 ($1) -0.75% <10 -- -- 541430 Graphic Design Services $133 ($1) -0.75% <10 -- -- 5415 Computer Systems Design and Related Services $3,149 ($256) -8.13% 54 (5) -9.26% 54151 Computer Systems Design and Related Services $3,149 ($256) -8.13% 54 (5) -9.26% 541511 Custom Computer Programming Services $1,532 ($29) -1.89% 22 (1) -4.55% 541512 Computer Systems Design Services $1,511 ($207) -13.70% 28 (4) -14.29% 541519 Other Computer Related Services $106 ($20) -18.87% <10 -- -- 5416 Management, Scientific, and Technical Consulting Services $6,055 ($125) -2.06% 135 (3) -2.22% 54161 Management Consulting Services $2,996 ($1) -0.03% 70 0 0.00% 541611 Administrative Management and General Management Consulting Services $1,185 $0 0.00% 29 0 0.00% 541612 Human Resources Consulting Services $83 $0 0.00% <10 -- -- 541613 Marketing Consulting Services $1,281 ($1) -0.08% 32 0 0.00% 541614 Process, Physical Distribution, and Logistics Consulting Services $129 $0 0.00% <10 -- -- 541618 Other Management Consulting Services $318 $0 0.00% <10 -- -- 54162 Environmental Consulting Services $92 ($1) -1.09% <10 -- -- 541620 Environmental Consulting Services $92 ($1) -1.09% <10 -- -- 54169 Other Scientific and Technical Consulting Services $2,967 ($123) -4.15% 61 (2) -3.28% 541690 Other Scientific and Technical Consulting Services $2,967 ($123) -4.15% 61 (2) -3.28% 5417 Scientific Research and Development Services $2,923 ($59) -2.02% 66 (2) -3.03% 54171 Research and Development in the Physical, Engineering, and Life Sciences $2,923 ($59) -2.02% 66 (2) -3.03% 541711 Research and Development in Biotechnology $862 ($16) -1.86% 25 0 0.00% 541712 Research and Development in the Physical, Engineering, and Life Sciences (except Biotechnology) $2,061 ($43) -2.09% 41 (1) -2.44% 5418 Advertising, Public Relations, and Related Services $152 ($1) -0.66% 10 0 0.00% 54181 Advertising Agencies $7 $0 0.00% <10 -- -- 541810 Advertising Agencies $7 $0 0.00% <10 -- -- 54184 Media Representatives $119 ($1) -0.84% <10 -- -- 32 | P a g e 541840 Media Representatives $119 ($1) -0.84% <10 -- -- 54185 Display Advertising $3 $0 0.00% <10 -- -- 541850 Display Advertising $3 $0 0.00% <10 -- -- 54189 Other Services Related to Advertising $23 $0 0.00% <10 -- -- 541890 Other Services Related to Advertising $23 $0 0.00% <10 -- -- 5419 Other Professional, Scientific, and Technical Services $4,757 ($295) -6.20% 261 (16) -6.13% 54191 Marketing Research and Public Opinion Polling $862 ($47) -5.45% 106 (6) -5.66% 541910 Marketing Research and Public Opinion Polling $862 ($47) -5.45% 106 (6) -5.66% 54192 Photographic Services $658 ($31) -4.71% 32 (1) -3.13% 541921 Photography Studios, Portrait $650 ($31) -4.77% 31 (1) -3.23% 541922 Commercial Photography $8 ($1) -12.50% <10 -- -- 54193 Translation and Interpretation Services $22 ($1) -4.55% <10 -- -- 541930 Translation and Interpretation Services $22 ($1) -4.55% <10 -- -- 54194 Veterinary Services $630 ($77) -12.22% 31 (4) -12.90% 541940 Veterinary Services $630 ($77) -12.22% 31 (4) -12.90% 54199 All Other Professional, Scientific, and Technical Services $2,585 ($140) -5.42% 88 (5) -5.68% 541990 All Other Professional, Scientific, and Technical Services $2,585 ($140) -5.42% 88 (5) -5.68% 55 Management of Companies and Enterprises $8,556 ($5) -0.06% 110 0 0.00% 551 Management of Companies and Enterprises $8,556 ($5) -0.06% 110 0 0.00% 5511 Management of Companies and Enterprises $8,556 ($5) -0.06% 110 0 0.00% 55111 Management of Companies and Enterprises $8,556 ($5) -0.06% 110 0 0.00% 551111 Offices of Bank Holding Companies $7,499 ($4) -0.05% 92 0 0.00% 551114 Corporate, Subsidiary, and Regional Managing Offices $1,057 ($1) -0.09% 17 0 0.00% 56 Administrative and Support and Waste Management and Remediation Services $4,990 ($769) -15.41% 345 (51) -14.78% 561 Administrative and Support Services $4,065 ($516) -12.69% 315 (43) -13.65% 5611 Office Administrative Services $482 ($63) -13.07% 10 (1) -10.00% 56111 Office Administrative Services $482 ($63) -13.07% 10 (1) -10.00% 561110 Office Administrative Services $482 ($63) -13.07% 10 (1) -10.00% 5612 Facilities Support Services $34 ($9) -26.47% <10 -- -- 56121 Facilities Support Services $34 ($9) -26.47% <10 -- -- 561210 Facilities Support Services $34 ($9) -26.47% <10 -- -- 33 | P a g e 5613 Employment Services $669 ($57) -8.52% 59 (5) -8.47% 56131 Employment Placement Agencies and Executive Search Services $13 ($1) -7.69% <10 -- -- 561312 Executive Search Services $13 ($1) -7.69% <10 -- -- 56132 Temporary Help Services $656 ($55) -8.38% 59 (5) -8.47% 561320 Temporary Help Services $656 ($55) -8.38% 59 (5) -8.47% 5614 Business Support Services $503 ($7) -1.39% 28 (1) -3.57% 56141 Document Preparation Services $37 $0 0.00% <10 -- -- 561410 Document Preparation Services $37 $0 0.00% <10 -- -- 56142 Telephone Call Centers $3 $0 0.00% <10 -- -- 561422 Telemarketing Bureaus and Other Contact Centers $3 $0 0.00% <10 -- -- 56143 Business Service Centers $9 $0 0.00% <10 -- -- 561431 Private Mail Centers $9 $0 0.00% <10 -- -- 56144 Collection Agencies $245 ($4) -1.63% 11 0 0.00% 561440 Collection Agencies $245 ($4) -1.63% 11 0 0.00% 56149 Other Business Support Services $210 ($3) -1.43% <10 -- -- 561491 Repossession Services $55 ($1) -1.82% <10 -- -- 561492 Court Reporting and Stenotype Services $117 ($2) -1.71% <10 -- -- 561499 All Other Business Support Services $38 $0 0.00% <10 -- -- 5615 Travel Arrangement and Reservation Services $200 ($15) -7.50% <10 -- -- 56151 Travel Agencies $200 ($15) -7.50% <10 -- -- 561510 Travel Agencies $200 ($15) -7.50% <10 -- -- 5616 Investigation and Security Services $63 ($12) -19.05% <10 -- -- 56161 Investigation, Guard, and Armored Car Services $11 ($2) -18.18% <10 -- -- 561611 Investigation Services $6 ($1) -16.67% <10 -- -- 561612 Security Guards and Patrol Services $5 ($1) -20.00% <10 -- -- 56162 Security Systems Services $52 ($10) -19.23% <10 -- -- 561621 Security Systems Services (except Locksmiths) $52 ($10) -19.23% <10 -- -- 5617 Services to Buildings and Dwellings $1,747 ($295) -16.89% 185 (31) -16.76% 56171 Exterminating and Pest Control Services $37 ($6) -16.22% <10 -- -- 561710 Exterminating and Pest Control Services $37 ($6) -16.22% <10 -- -- 56172 Janitorial Services $838 ($142) -16.95% 118 (20) -16.95% 34 | P a g e 561720 Janitorial Services $838 ($142) -16.95% 118 (20) -16.95% 56173 Landscaping Services $753 ($127) -16.87% 48 (8) -16.67% 561730 Landscaping Services $753 ($127) -16.87% 48 (8) -16.67% 56174 Carpet and Upholstery Cleaning Services $86 ($14) -16.28% <10 -- -- 561740 Carpet and Upholstery Cleaning Services $86 ($14) -16.28% <10 -- -- 56179 Other Services to Buildings and Dwellings $33 ($5) -15.15% <10 -- -- 561790 Other Services to Buildings and Dwellings $33 ($5) -15.15% <10 -- -- 5619 Other Support Services $367 ($59) -16.08% 18 (3) -16.67% 56199 All Other Support Services $367 ($59) -16.08% 18 (3) -16.67% 561990 All Other Support Services $367 ($59) -16.08% 18 (3) -16.67% 562 Waste Management and Remediation Services $925 ($253) -27.35% 30 (8) -26.67% 5621 Waste Collection $660 ($180) -27.27% 23 (6) -26.09% 56211 Waste Collection $660 ($180) -27.27% 23 (6) -26.09% 562111 Solid Waste Collection $660 ($180) -27.27% 23 (6) -26.09% 5629 Remediation and Other Waste Management Services $265 ($73) -27.55% <10 -- -- 56291 Remediation Services $136 ($37) -27.21% <10 -- -- 562910 Remediation Services $136 ($37) -27.21% <10 -- -- 56299 All Other Waste Management Services $129 ($35) -27.13% <10 -- -- 562991 Septic Tank and Related Services $129 ($35) -27.13% <10 -- -- 61 Educational Services $1,011 ($102) -10.09% 134 (15) -11.19% 611 Educational Services $1,011 ($102) -10.09% 134 (15) -11.19% 6111 Elementary and Secondary Schools $171 ($19) -11.11% 15 (2) -13.33% 61111 Elementary and Secondary Schools $171 ($19) -11.11% 15 (2) -13.33% 611110 Elementary and Secondary Schools $171 ($19) -11.11% 15 (2) -13.33% 6113 Colleges, Universities, and Professional Schools $178 $0 0.00% 11 0 0.00% 61131 Colleges, Universities, and Professional Schools $178 $0 0.00% 11 0 0.00% 611310 Colleges, Universities, and Professional Schools $178 $0 0.00% 11 0 0.00% 6114 Business Schools and Computer and Management Training $51 ($6) -11.76% <10 -- -- 61142 Computer Training $11 ($1) -9.09% <10 -- -- 611420 Computer Training $11 ($1) -9.09% <10 -- -- 61143 Professional and Management Development Training $40 ($5) -12.50% <10 -- -- 35 | P a g e 611430 Professional and Management Development Training $40 ($5) -12.50% <10 -- -- 6115 Technical and Trade Schools $82 ($11) -13.41% <10 -- -- 61151 Technical and Trade Schools $82 ($11) -13.41% <10 -- -- 611513 Apprenticeship Training $29 ($4) -13.79% <10 -- -- 611519 Other Technical and Trade Schools $53 ($7) -13.21% <10 -- -- 6116 Other Schools and Instruction $465 ($57) -12.26% 84 (10) -11.90% 61161 Fine Arts Schools $93 ($12) -12.90% 18 (3) -16.67% 611610 Fine Arts Schools $93 ($12) -12.90% 18 (3) -16.67% 61162 Sports and Recreation Instruction $208 ($24) -11.54% 48 (6) -12.50% 611620 Sports and Recreation Instruction $208 ($24) -11.54% 48 (6) -12.50% 61169 All Other Schools and Instruction $163 ($21) -12.88% 19 (3) -15.79% 611691 Exam Preparation and Tutoring $32 ($4) -12.50% <10 -- -- 611699 All Other Miscellaneous Schools and Instruction $131 ($17) -12.98% <10 -- -- 6117 Educational Support Services $63 ($8) -12.70% 12 (2) -16.67% 61171 Educational Support Services $63 ($8) -12.70% 12 (2) -16.67% 611710 Educational Support Services $63 ($8) -12.70% 12 (2) -16.67% 62 Health Care and Social Assistance $40,846 ($3,691) -9.04% 1,289 (108) -8.38% 621 Ambulatory Health Care Services $25,936 ($2,490) -9.60% 443 (42) -9.48% 6211 Offices of Physicians $11,825 ($1,356) -11.47% 192 (22) -11.46% 62111 Offices of Physicians $11,825 ($1,356) -11.47% 192 (22) -11.46% 621111 Offices of Physicians (except Mental Health Specialists) $11,690 ($1,341) -11.47% 188 (21) -11.17% 621112 Offices of Physicians, Mental Health Specialists $135 ($15) -11.11% <10 -- -- 6212 Offices of Dentists $4,238 ($486) -11.47% 66 (7) -10.61% 62121 Offices of Dentists $4,238 ($486) -11.47% 66 (7) -10.61% 621210 Offices of Dentists $4,238 ($486) -11.47% 66 (7) -10.61% 6213 Offices of Other Health Practitioners $6,415 ($406) -6.33% 114 (7) -6.14% 62131 Offices of Chiropractors $1,207 ($67) -5.55% 43 (2) -4.65% 621310 Offices of Chiropractors $1,207 ($67) -5.55% 43 (2) -4.65% 62132 Offices of Optometrists $841 ($60) -7.13% 25 (2) -8.00% 621320 Offices of Optometrists $841 ($60) -7.13% 25 (2) -8.00% 62133 Offices of Mental Health Practitioners (except Physicians) $1,478 ($106) -7.17% 12 (1) -8.33% 36 | P a g e 621330 Offices of Mental Health Practitioners (except Physicians) $1,478 ($106) -7.17% 12 (1) -8.33% 62134 Offices of Physical, Occupational and Speech Therapists, and Audiologists $368 ($42) -11.41% <10 -- -- 621340 Offices of Physical, Occupational and Speech Therapists, and Audiologists $368 ($42) -11.41% <10 -- -- 62139 Offices of All Other Health Practitioners $2,521 ($131) -5.20% 27 (2) -7.41% 621399 Offices of All Other Miscellaneous Health Practitioners $2,521 ($131) -5.20% 27 (2) -7.41% 6214 Outpatient Care Centers $1,128 ($76) -6.74% 29 (2) -6.90% 62142 Outpatient Mental Health and Substance Abuse Centers $1,030 ($66) -6.41% 27 (2) -7.41% 621420 Outpatient Mental Health and Substance Abuse Centers $1,030 ($66) -6.41% 27 (2) -7.41% 62149 Other Outpatient Care Centers $97 ($10) -10.31% <10 -- -- 621493 Freestanding Ambulatory Surgical and Emergency Centers $25 ($3) -12.00% <10 -- -- 621498 All Other Outpatient Care Centers $72 ($7) -9.72% <10 -- -- 6215 Medical and Diagnostic Laboratories $1,507 ($92) -6.10% 24 (2) -8.33% 62151 Medical and Diagnostic Laboratories $1,507 ($92) -6.10% 24 (2) -8.33% 621511 Medical Laboratories $1,507 ($92) -6.10% 24 (2) -8.33% 6216 Home Health Care Services $269 ($30) -11.15% 12 (1) -8.33% 62161 Home Health Care Services $269 ($30) -11.15% 12 (1) -8.33% 621610 Home Health Care Services $269 ($30) -11.15% 12 (1) -8.33% 6219 Other Ambulatory Health Care Services $554 ($43) -7.76% <10 -- -- 62191 Ambulance Services $98 ($10) -10.20% <10 -- -- 621910 Ambulance Services $98 ($10) -10.20% <10 -- -- 62199 All Other Ambulatory Health Care Services $456 ($34) -7.46% <10 -- -- 621999 All Other Miscellaneous Ambulatory Health Care Services $456 ($34) -7.46% <10 -- -- 623 Nursing and Residential Care Facilities $8,636 ($659) -7.63% 450 (32) -7.11% 6231 Nursing Care Facilities $5,236 ($555) -10.60% 240 (26) -10.83% 62311 Nursing Care Facilities $5,236 ($555) -10.60% 240 (26) -10.83% 623110 Nursing Care Facilities $5,236 ($555) -10.60% 240 (26) -10.83% 6233 Community Care Facilities for the Elderly $3,400 ($104) -3.06% 210 (6) -2.86% 62331 Community Care Facilities for the Elderly $3,400 ($104) -3.06% 210 (6) -2.86% 623311 Continuing Care Retirement Communities $70 ($8) -11.43% <10 -- -- 623312 Homes for the Elderly $3,330 ($96) -2.88% 205 (5) -2.44% 624 Social Assistance $6,274 ($542) -8.64% 396 (35) -8.84% 37 | P a g e 6241 Individual and Family Services $718 ($87) -12.12% 35 (4) -11.43% 62411 Child and Youth Services $97 ($12) -12.37% <10 -- -- 624110 Child and Youth Services $97 ($12) -12.37% <10 -- -- 62412 Services for the Elderly and Persons with Disabilities $89 ($11) -12.36% <10 -- -- 624120 Services for the Elderly and Persons with Disabilities $89 ($11) -12.36% <10 -- -- 62419 Other Individual and Family Services $533 ($65) -12.20% 25 (3) -12.00% 624190 Other Individual and Family Services $533 ($65) -12.20% 25 (3) -12.00% 6242 Community Food and Housing, and Emergency and Other Relief Services $389 ($26) -6.68% 27 (2) -7.41% 62421 Community Food Services $19 ($2) -10.53% <10 -- -- 624210 Community Food Services $19 ($2) -10.53% <10 -- -- 62422 Community Housing Services $328 ($20) -6.10% 23 (2) -8.70% 624221 Temporary Shelters $317 ($18) -5.68% 22 (1) -4.55% 624229 Other Community Housing Services $11 ($2) -18.18% <10 -- -- 62423 Emergency and Other Relief Services $42 ($5) -11.90% <10 -- -- 624230 Emergency and Other Relief Services $42 ($5) -11.90% <10 -- -- 6243 Vocational Rehabilitation Services $1,623 ($97) -5.98% 81 (5) -6.17% 62431 Vocational Rehabilitation Services $1,623 ($97) -5.98% 81 (5) -6.17% 624310 Vocational Rehabilitation Services $1,623 ($97) -5.98% 81 (5) -6.17% 6244 Child Day Care Services $3,543 ($332) -9.37% 253 (24) -9.49% 62441 Child Day Care Services $3,543 ($332) -9.37% 253 (24) -9.49% 624410 Child Day Care Services $3,543 ($332) -9.37% 253 (24) -9.49% 71 Arts, Entertainment, and Recreation $6,614 ($269) -4.07% 384 (18) -4.69% 711 Performing Arts, Spectator Sports, and Related Industries $4,564 ($105) -2.30% 262 (8) -3.05% 7111 Performing Arts Companies $770 ($7) -0.91% 37 0 0.00% 71111 Theater Companies and Dinner Theaters $127 ($2) -1.57% <10 -- -- 711110 Theater Companies and Dinner Theaters $127 ($2) -1.57% <10 -- -- 71113 Musical Groups and Artists $124 ($2) -1.61% <10 -- -- 711130 Musical Groups and Artists $124 ($2) -1.61% <10 -- -- 71119 Other Performing Arts Companies $519 ($3) -0.58% 24 0 0.00% 711190 Other Performing Arts Companies $519 ($3) -0.58% 24 0 0.00% 7112 Spectator Sports $492 ($36) -7.32% 56 (4) -7.14% 38 | P a g e 71121 Spectator Sports $492 ($36) -7.32% 56 (4) -7.14% 711211 Sports Teams and Clubs $68 ($5) -7.35% <10 -- -- 711212 Racetracks $175 ($11) -6.29% 17 (1) -5.88% 711219 Other Spectator Sports $249 ($20) -8.03% 36 (3) -8.33% 7113 Promoters of Performing Arts, Sports, and Similar Events $616 ($8) -1.30% 45 (1) -2.22% 71131 Promoters of Performing Arts, Sports, and Similar Events with Facilities $555 ($7) -1.26% 40 0 0.00% 711310 Promoters of Performing Arts, Sports, and Similar Events with Facilities $555 ($7) -1.26% 40 0 0.00% 71132 Promoters of Performing Arts, Sports, and Similar Events without Facilities $61 $0 0.00% <10 -- -- 711320 Promoters of Performing Arts, Sports, and Similar Events without Facilities $61 $0 0.00% <10 -- -- 7114 Agents and Managers for Artists, Athletes, Entertainers, and Other Public Figures $19 $0 0.00% <10 -- -- 71141 Agents and Managers for Artists, Athletes, Entertainers, and Other Public Figures $19 $0 0.00% <10 -- -- 711410 Agents and Managers for Artists, Athletes, Entertainers, and Other Public Figures $19 $0 0.00% <10 -- -- 7115 Independent Artists, Writers, and Performers $2,667 ($53) -1.99% 121 (2) -1.65% 71151 Independent Artists, Writers, and Performers $2,667 ($53) -1.99% 121 (2) -1.65% 711510 Independent Artists, Writers, and Performers $2,667 ($53) -1.99% 121 (2) -1.65% 713 Amusement, Gambling, and Recreation Industries $2,050 ($164) -8.00% 123 (11) -8.94% 7132 Gambling Industries $764 ($25) -3.27% 30 (1) -3.33% 71329 Other Gambling Industries $764 ($25) -3.27% 30 (1) -3.33% 713290 Other Gambling Industries $764 ($25) -3.27% 30 (1) -3.33% 7139 Other Amusement and Recreation Industries $1,286 ($139) -10.81% 92 (10) -10.87% 71391 Golf Courses and Country Clubs $662 ($96) -14.50% 40 (6) -15.00% 713910 Golf Courses and Country Clubs $662 ($96) -14.50% 40 (6) -15.00% 71394 Fitness and Recreational Sports Centers $294 ($31) -10.54% 33 (4) -12.12% 713940 Fitness and Recreational Sports Centers $294 ($31) -10.54% 33 (4) -12.12% 71395 Bowling Centers $331 ($13) -3.93% 19 0 0.00% 713950 Bowling Centers $331 ($13) -3.93% 19 0 0.00% 72 Accommodation and Food Services $20,814 ($1,734) -8.33% 1,714 (147) -8.58% 721 Accommodation $3,009 ($100) -3.32% 263 (9) -3.42% 7211 Traveler Accommodation $2,858 ($85) -2.97% 255 (7) -2.75% 72111 Hotels (except Casino Hotels) and Motels $2,858 ($85) -2.97% 255 (7) -2.75% 721110 Hotels (except Casino Hotels) and Motels $2,858 ($85) -2.97% 255 (7) -2.75% 39 | P a g e 7212 RV (Recreational Vehicle) Parks and Recreational Camps $55 ($6) -10.91% <10 -- -- 72121 RV (Recreational Vehicle) Parks and Recreational Camps $55 ($6) -10.91% <10 -- -- 721211 RV (Recreational Vehicle) Parks and Campgrounds $34 ($4) -11.76% <10 -- -- 721214 Recreational and Vacation Camps (except Campgrounds) $21 ($2) -9.52% <10 -- -- 7213 Rooming and Boarding Houses $95 ($8) -8.42% <10 -- -- 72131 Rooming and Boarding Houses $95 ($8) -8.42% <10 -- -- 721310 Rooming and Boarding Houses $95 ($8) -8.42% <10 -- -- 722 Food Services and Drinking Places $17,805 ($1,634) -9.18% 1,452 (140) -9.64% 7221 Full-Service Restaurants $5,423 ($697) -12.85% 472 (61) -12.92% 72211 Full-Service Restaurants $5,423 ($697) -12.85% 472 (61) -12.92% 722110 Full-Service Restaurants $5,423 ($697) -12.85% 472 (61) -12.92% 7222 Limited-Service Eating Places $6,179 ($675) -10.92% 541 (60) -11.09% 72221 Limited-Service Eating Places $6,179 ($675) -10.92% 541 (60) -11.09% 722211 Limited-Service Restaurants $5,894 ($639) -10.84% 504 (54) -10.71% 722213 Snack and Nonalcoholic Beverage Bars $285 ($37) -12.98% 36 (4) -11.11% 7223 Special Food Services $4,157 ($169) -4.07% 264 (11) -4.17% 72231 Food Service Contractors $3,998 ($149) -3.73% 246 (9) -3.66% 722310 Food Service Contractors $3,998 ($149) -3.73% 246 (9) -3.66% 72232 Caterers $114 ($15) -13.16% 14 (1) -7.14% 722320 Caterers $114 ($15) -13.16% 14 (1) -7.14% 72233 Mobile Food Services $45 ($6) -13.33% <10 -- -- 722330 Mobile Food Services $45 ($6) -13.33% <10 -- -- 7224 Drinking Places (Alcoholic Beverages) $2,045 ($92) -4.50% 175 (8) -4.57% 72241 Drinking Places (Alcoholic Beverages) $2,045 ($92) -4.50% 175 (8) -4.57% 722410 Drinking Places (Alcoholic Beverages) $2,045 ($92) -4.50% 175 (8) -4.57% 81 Other Services (except Public Administration) $21,399 ($1,835) -8.58% 821 (82) -9.99% 811 Repair and Maintenance $7,030 ($739) -10.51% 194 (25) -12.89% 8111 Automotive Repair and Maintenance $4,469 ($448) -10.02% 130 (13) -10.00% 81111 Automotive Mechanical and Electrical Repair and Maintenance $2,823 ($249) -8.82% 78 (7) -8.97% 811111 General Automotive Repair $2,031 ($226) -11.13% 64 (7) -10.94% 811112 Automotive Exhaust System Repair $14 ($2) -14.29% <10 -- -- 40 | P a g e 811118 Other Automotive Mechanical and Electrical Repair and Maintenance $778 ($21) -2.70% 13 0 0.00% 81112 Automotive Body, Paint, Interior, and Glass Repair $1,317 ($161) -12.22% 37 (5) -13.51% 811121 Automotive Body, Paint, and Interior Repair and Maintenance $1,295 ($158) -12.20% 36 (5) -13.89% 811122 Automotive Glass Replacement Shops $22 ($3) -13.64% <10 -- -- 81119 Other Automotive Repair and Maintenance $329 ($38) -11.55% 15 (1) -6.67% 811191 Automotive Oil Change and Lubrication Shops $221 ($27) -12.22% <10 -- -- 811192 Car Washes $108 ($11) -10.19% <10 -- -- 8112 Electronic and Precision Equipment Repair and Maintenance $23 ($8) -34.78% <10 -- -- 81121 Electronic and Precision Equipment Repair and Maintenance $23 ($8) -34.78% <10 -- -- 811212 Computer and Office Machine Repair and Maintenance $19 ($6) -31.58% <10 -- -- 811219 Other Electronic and Precision Equipment Repair and Maintenance $4 ($1) -25.00% <10 -- -- 8113 Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance $2,063 ($187) -9.06% 25 (2) -8.00% 81131 Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance $2,063 ($187) -9.06% 25 (2) -8.00% 811310 Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance $2,063 ($187) -9.06% 25 (2) -8.00% 8114 Personal and Household Goods Repair and Maintenance $475 ($97) -20.42% 33 (7) -21.21% 81141 Home and Garden Equipment and Appliance Repair and Maintenance $17 ($3) -17.65% <10 -- -- 811411 Home and Garden Equipment Repair and Maintenance $14 ($2) -14.29% <10 -- -- 811412 Appliance Repair and Maintenance $3 ($1) -33.33% <10 -- -- 81149 Other Personal and Household Goods Repair and Maintenance $458 ($94) -20.52% 28 (6) -21.43% 811490 Other Personal and Household Goods Repair and Maintenance $458 ($94) -20.52% 28 (6) -21.43% 812 Personal and Laundry Services $5,103 ($507) -9.94% 189 (20) -10.58% 8121 Personal Care Services $3,327 ($242) -7.27% 113 (9) -7.96% 81211 Hair, Nail, and Skin Care Services $3,018 ($208) -6.89% 94 (7) -7.45% 812111 Barber Shops $169 ($18) -10.65% <10 -- -- 812112 Beauty Salons $2,849 ($190) -6.67% 90 (6) -6.67% 81219 Other Personal Care Services $308 ($33) -10.71% 19 (2) -10.53% 812199 Other Personal Care Services $308 ($33) -10.71% 19 (2) -10.53% 8122 Death Care Services $440 ($50) -11.36% <10 -- -- 81221 Funeral Homes and Funeral Services $335 ($38) -11.34% <10 -- -- 812210 Funeral Homes and Funeral Services $335 ($38) -11.34% <10 -- -- 81222 Cemeteries and Crematories $105 ($12) -11.43% <10 -- -- 41 | P a g e 812220 Cemeteries and Crematories $105 ($12) -11.43% <10 -- -- 8123 Drycleaning and Laundry Services $398 ($86) -21.61% 18 (4) -22.22% 81231 Coin-Operated Laundries and Drycleaners $136 ($26) -19.12% <10 -- -- 812310 Coin-Operated Laundries and Drycleaners $136 ($26) -19.12% <10 -- -- 81232 Drycleaning and Laundry Services (except Coin-Operated) $262 ($60) -22.90% 17 (4) -23.53% 812320 Drycleaning and Laundry Services (except Coin-Operated) $262 ($60) -22.90% 17 (4) -23.53% 8129 Other Personal Services $939 ($130) -13.84% 49 (6) -12.24% 81291 Pet Care (except Veterinary) Services $89 ($14) -15.73% <10 -- -- 812910 Pet Care (except Veterinary) Services $89 ($14) -15.73% <10 -- -- 81292 Photofinishing $116 ($2) -1.72% <10 -- -- 812922 One-Hour Photofinishing $116 ($2) -1.72% <10 -- -- 81299 All Other Personal Services $734 ($114) -15.53% 35 (5) -14.29% 812990 All Other Personal Services $734 ($114) -15.53% 35 (5) -14.29% 813 Religious, Grantmaking, Civic, Professional, and Similar Organizations $9,064 ($567) -6.26% 390 (32) -8.21% 8131 Religious Organizations $3,303 ($363) -10.99% 227 (25) -11.01% 81311 Religious Organizations $3,303 ($363) -10.99% 227 (25) -11.01% 813110 Religious Organizations $3,303 ($363) -10.99% 227 (25) -11.01% 8132 Grantmaking and Giving Services $2,581 ($53) -2.05% 49 (2) -4.08% 81321 Grantmaking and Giving Services $2,581 ($53) -2.05% 49 (2) -4.08% 813211 Grantmaking Foundations $2,337 ($33) -1.41% 40 (1) -2.50% 813219 Other Grantmaking and Giving Services $243 ($19) -7.82% <10 -- -- 8133 Social Advocacy Organizations $663 ($22) -3.32% 20 (1) -5.00% 81331 Social Advocacy Organizations $663 ($22) -3.32% 20 (1) -5.00% 813312 Environment, Conservation and Wildlife Organizations $644 ($20) -3.11% 17 (1) -5.88% 813319 Other Social Advocacy Organizations $19 ($2) -10.53% <10 -- -- 8134 Civic and Social Organizations $1,168 ($59) -5.05% 63 (3) -4.76% 81341 Civic and Social Organizations $1,168 ($59) -5.05% 63 (3) -4.76% 813410 Civic and Social Organizations $1,168 ($59) -5.05% 63 (3) -4.76% 8139 Business, Professional, Labor, Political, and Similar Organizations $1,349 ($71) -5.26% 31 (1) -3.23% 81391 Business Associations $1,242 ($66) -5.31% 24 (1) -4.17% 813910 Business Associations $1,242 ($66) -5.31% 24 (1) -4.17% 42 | P a g e 81392 Professional Organizations $8 $0 0.00% <10 -- -- 813920 Professional Organizations $8 $0 0.00% <10 -- -- 81393 Labor Unions and Similar Labor Organizations $3 $0 0.00% <10 -- -- 813930 Labor Unions and Similar Labor Organizations $3 $0 0.00% <10 -- -- 81394 Political Organizations $93 ($5) -5.38% <10 -- -- 813940 Political Organizations $93 ($5) -5.38% <10 -- -- 81399 Other Similar Organizations (except Business, Professional, Labor, and Political Organizations) $3 $0 0.00% <10 -- -- 813990 Other Similar Organizations (except Business, Professional, Labor, and Political Organizations) $3 $0 0.00% <10 -- -- 814 Private Households $202 ($23) -11.39% 49 (6) -12.24% 8141 Private Households $202 ($23) -11.39% 49 (6) -12.24% 81411 Private Households $202 ($23) -11.39% 49 (6) -12.24% 814110 Private Households $202 ($23) -11.39% 49 (6) -12.24% 90 Government $238,574 ($114,188) -47.86% 5,520 (2,661) -48.21% 920 State government $149,004 ($109,393) -73.42% 3,466 (2,545) -73.43% 9200 State government $149,004 ($109,393) -73.42% 3,466 (2,545) -73.43% 92000 State government $149,004 ($109,393) -73.42% 3,466 (2,545) -73.43% 920000 State government $149,004 ($109,393) -73.42% 3,466 (2,545) -73.43% 930 Local government $71,278 ($4,795) -6.73% 1,733 (117) -6.75% 9300 Local government $71,278 ($4,795) -6.73% 1,733 (117) -6.75% 93000 Local government $71,278 ($4,795) -6.73% 1,733 (117) -6.75% 930000 Local government $71,278 ($4,795) -6.73% 1,733 (117) -6.75% Source: EMSI Complete Employment - 4th Quarter 2010 City Council Packet May 10, 2011 50 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. Fire Department Meeting Hall (former Senior Citizen center). TO: Mayor and City Council Members FROM: Jeff Weldon, City Manager, and Darrell Hartmann, Fire Chief RE: Fire Department Meeting Hall (former Senior Citizen center) Staff is requesting policy direction pertaining to the Fire Department training facility at the intersection of Third Street and Third Avenue downtown. This building formerly served as the Senior Citizens Center and now serves as the classroom training and meeting facility for the department. The building is scheduled for $50,000 worth of repairs this year which includes limited work on the exterior, removal of the existing ceiling, installation of new insulation, and ceiling tile, and new windows. This price is based, in part, on volunteer labor of the department for some of the demolition work. Two years ago, we made some roof repairs. Our concern is structural integrity of the building and staff is questioning the long-term wisdom of putting more funding into this building. Other concerns over the building include long term exterior issues. As an alternative, we would like to recommend consideration of an addition to the East Fire Station on 6th Street instead of putting more money into a questionable building. This could be accomplished by adding the meeting/training area and kitchen to the north of the existing truck bay. We have enough parking and expansion space to accommodate this. In addition, we would consolidate a response station and departmental offices with the training/meeting/kitchen space in one facility. The existing building could then be demolished for additional downtown public parking. In terms of budgeting, we could use the budgeted $50,000 for initial architectural design work and carry forward the balance to 2012 with funds for construction in the 25% second penny fund. Attached is a preliminary site plan with the addition. We would need an architect to develop a schematic design and cost estimates to get more detail. City Council Packet May 10, 2011 52 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 May 10, 2011 53 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 May 10, 2011 54 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 May 10, 2011 55 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. Council Invites & Obligations. Date Day Event & Brief Description Time Location / Town / Address / Directions May 24 Tuesday Council Meeting 5:00 p.m. Council Chambers June 9 Thursday 139th Brigade Support Battalion Logistics Task Force Activation 2:00 p.m. PAC June 14 Tuesday Council Photos 4:30 p.m. Council Chambers June 14 Tuesday Council Meeting 5:00 p.m. Council Chambers June 18-26 Friday- Saturday Open World Leadership Center – Russian Delegates in Brookings June 28 Tuesday Council Meeting 5:00 p.m. Council Chambers July 12 Tuesday Council Meeting 5:00 p.m. Council Chambers July 26 Tuesday Council Meeting 5:00 p.m. Council Chambers August 9 Tuesday Council Meeting 5:00 p.m. Council Chambers August 23 Tuesday Council Meeting 5:00 p.m. Council Chambers September 13 Tuesday Council Meeting 5:00 p.m. Council Chambers September 15-17 Thursday- Saturday NLC 19th Annual Leadership Summit Minneapolis, MN 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 56 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 City Council minutes. C. Action on Mayoral appointments. Open Forum/Presentations/Reports 5. Open Forum 6. SDSU Student Senate Report Contract Awards / Change Orders 7. Action on Resolution No. 52-11, A Resolution Authorizing Change Order No. 1 (CCO#1 Final) for Recreation/Bike Path & Structure Project POENH(147) PCN 00C2 & EM 8006(49) PCN 010A, Rounds Construction Co., Inc. Action: Motion to Approve, Request Public Comment, Roll Call First Readings 8. Ordinance No. 12-11: An Ordinance Amending Article IV. of Chapter 26 of the Code of Ordinances of the City of Brookings to establish additional regulations pertaining to Pawnbrokers in the City of Brookings, South Dakota. Public Hearing: May 24th Second Readings / Public Hearings 9. Ordinance No. 09-11: An ordinance providing for the sale of food, beverages and merchandise by temporary vendors upon sidewalks in the Central Business District in the City of Brookings. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 10. Ordinance No. 10-11: An Ordinance Entitled “An Ordinance Authorizing A Supplemental Appropriation To The 2011 Budget For The Purpose Of Providing For Additional Funds For The Operation Of The City. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 11. Ordinance No. 11-11: An Ordinance to Change the Zoning Within the City of Brookings (Foster): The NE ¼ of Section 19-T110N-R49W, excluding Lots H-4, H-5, the east 1620 feet, and the platted areas thereof be and the same is hereby rezoned and reclassified from an Agricultural A District to an Industrial I-1R District; and the east 1620 feet of the NE ¼ of Section 19-T110N-R49W, excluding Lots H-4, H-5, and platted areas thereof be and the same is hereby rezoned and reclassified from an Agricultural A District to an Industrial I-1 District. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 12. TABLED AMENDMENT: 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 & Action: 4/5/11–Failed Reconsideration of Action, Motion to Amend, Action Table: 4/26/11 Action: Motion to remove amendment to Ordinance No. 08-11 from table, roll call Action on amendment: rezone the south 66’ to a Class Residence R-3A District and leave the north 50’ as a Class Industrial I-1District. 13. Public hearing and action on Temporary Liquor License for the Fireman’s Dance on July 30th to be located in the 300 block of Main Avenue. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 14. Public hearing and action on Temporary Liquor License requests for the Swiftel Center for events on June 4, 11 (2), 17, and 20/2011. Action: Open & Close Public Hearing, Motion to Approve, Roll Call Other Business 15. Business Improvement District: A. Action on Resolution No. 58-11, a Resolution Designating Boundaries for Business Improvement District #1. Action: Motion to Approve, Request Public Comment, Roll Call B. Action on Resolution No. 59-11, a Resolution Establishing Business Improvement District #1 Board Action: Motion to Approve, Request Public Comment, Roll Call 16. Action on Resolution No. 60-11, a Resolution Requesting Special Legislation Authorizing the Taxation Authority for an Additional One Cent Sales Tax and Use Tax for the City of Brookings to be Dedicated to South Dakota State University. Action: Motion to Approve, Request Public Comment, Roll Call 17. Action to appoint the Deputy Mayor. Action: Motion to Approve, Request Public Comment, Roll Call City Council Packet May 10, 2011 57 CONSENT AGENDA #4 4. Action to approve the following Consent Agenda Items: * A. Action to approve the agenda. B. Action to approve City Council minutes. C. Action on Mayoral appointments. *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 May 10, 2011 58 CONSENT AGENDA #4 B. Action to approve City Council Minutes. The draft April 26th Brookings City Council minutes are enclosed for Council review and approval. City Council Packet May 10, 2011 59 Brookings City Council April 26, 2011 (unapproved) The Brookings City Council held a meeting on Tuesday, April 26, 2011 at 5:00 p.m., at City Hall with the following members present: Mayor Tim Reed, Council Members John Kubal, Mike McClemans, Tom Bezdichek, Mike Bartley, Jael Thorpe and Keith Corbett. City Manager Jeff Weldon, City Attorney Steve Britzman and City Clerk Shari Thornes were also present. Mayor Reed added a discussion regarding recent cuts at SDSU to the work session agenda as item three. Update on Brookings Municipal Utilities Wastewater Plant. Brookings Municipal Utilities representatives and HDR Engineering consultants updated the council on the need to prepare a facility plan study of the City’s aging wastewater plant. This study is necessary to start the planning process to renovate the plant, which is expected to be constructed somewhere in the 2013-2016 timeframe. Brookings Economic Development Corporation Land Sale Proposal. Al Heuton, BEDC Executive Director, said the BEDC is requesting Council approval of a proposed resolution to expedite the transfer of land for economic development. Approving the transfer of economic development land in one blanket resolution would greatly assist efforts to compete for both local business and industry expansion and the recruitment of new business and industry to the community. BEDC is requesting 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, criteria to calculate return on investment, and enforceable business/industry performance measures. There was consensus for the BEDC to bring back a resolution on land transfers and a resolution to create an investment committee for council action. Council will also take action to appoint three council members to the committee. They also agreed for Heuton to hire an appraiser to appraise industrial property. Discussion about recent cuts at SDSU. Dean Barry Dunn, SDSU College of Agriculture & Biological Sciences, provided the City Council with further information regarding budget cuts at the University. The City Council asked what role they can play in the issue. Al Heuton has a draft economic impact statement regarding SDSU on Brookings County. He will provide it to Council at the next meeting. Council Member McClemans made the following statement: “The recent cuts announced at South Dakota State University, our largest and most important economic engine, are simply not something we can continue to ignore. We, as a city, have stood by the last three years while budgets have been decreased. We in Brookings have been fortunate to have been insulated City Council Packet May 10, 2011 60 from the difficulties most of the country is facing. I believe the time has come to explore what we, as local elected officials, can do to protect and promote our position as the premier University in the State of South Dakota. Failure at the state level to provide funding will have a profound effect on our University. This will directly impact revenues and quality of life in Brookings. It is our responsibility to take any action we can to bridge the gap made by these reductions in revenue. It is clear at this time there is no other help available. I have asked the City Manager to explore the possibility of adding an additional penny sales tax to be dedicated to SDSU budget shortfall. This would be a temporary measure to necessarily limit and possibly reverse the negative effects to the University and our City. We dedicate funds to economic stimulation all the time. This may be the most effective economic impact money our city has ever spent. We frequently announce the economic impact of money spent in Brookings. I have also asked for an estimate of the lost economic impact these cuts will impose. While I do not know the details of all the cuts, I believe a one percent tax will make up most of the short fall for next year. I ask the citizens of Brookings to consider this serious situation and support the action we are attempting to take.” The Council requested a draft resolution for another penny sales tax to support SDSU on the next agenda. The City Attorney will review recent legislative sales tax proposals and see which one fits best. REGULAR MEETING. Consent Agenda. A Mayoral Proclamation for Arbor Day and a discussion regarding the Delany Rezoning Request were added to the agenda. A motion was Kubal, seconded by Thorpe, to approve the consent agenda: A. Action to approve the agenda as amended. B. Action to approve the March 22, April 5, April 7, April 14, and April 21 City Council minutes. C. Action on the following Mayoral appointments: Airport Board: Reappoint Jeff Boulware. (term expires 5/1/2016); Brookings Committee for People who have Disabilities: Reappoint Sylvia Lozada (term expires 5/1/2012); Park & Recreation Board: Reappoint Keith Rounds (term expires 5/1/2016); Utility Board: Reappoint Tim Harvey (term expires 5/1/2016). D. Action on Resolution No. 50-11, authorizing the City Manager to sign a mid- term renewal/Liquor Operating Agreement for the Lantern Lounge/Half Pint Ent. Resolution No. 50-11 - Lantern Lounge/Half Pint Ent. Operating Agreement Renewal Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Renewal Agreement for the Operating Liquor Management Agreement between the City of Brookings and Troy Hicks, Lantern Lounge/Half Pint Ent., for the purpose of a liquor manager to operate the on-sale establishment or business for and on behalf of the City of Brookings at 303 Third Street, also known as the Lantern Lounge. Be It Further Resolved that the City Manager be authorized to execute the Agreement on behalf of the City, which shall be for a period of five (5) years. E. Action on Resolution No. 51-11, authorizing the City Manager to sign a mid- term renewal / Liquor Operating Agreement for 9 Bar Nightclub / Nine Inc. City Council Packet May 10, 2011 61 Resolution No. 51-11 - 9 Bar Nightclub/Nine Inc. Operating Agreement Renewal Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Renewal Agreement for the Operating Liquor Management Agreement between the City of Brookings and Gus Theodosopoulos, 9 Bar Nightclub/Nine Inc., for the purpose of a liquor manager to operate the on-sale establishment or business for and on behalf of the City of Brookings at 303 Main Avenue, also known as the 9 Bar Nightclub. Be It Further Resolved that the City Manager be authorized to execute the Agreement on behalf of the City, which shall be for a period of five (5) years. F. Action on Resolution No. 53-11, acknowledging reciprocal land use between the City of Brookings and Brookings Municipal Utilities. Resolution No. 53-11 - A Resolution approving an Agreement with Brookings Municipal Utilities Pertaining to the Use of Certain Real Property in the City of Brookings, SD Whereas, Brookings Municipal Utilities intends to discontinue the use of the electrical substation located southeast of the intersection of Front Street and Fifth Avenue and desires to transfer use of the electrical substation property (Tract I below) from the property under the management and control of Brookings Municipal Utilities to the City of Brookings for such use as the City Council deems appropriate, and Whereas, the City of Brookings and Brookings Municipal Utilities, have identified a parcel of real property (Tract 2 below) which is no longer required for park and recreation purposes and is therefore available for use by Brookings Municipal Utilities for the improvement and expansion of an existing electrical substation, and Whereas, the Resolution is intended to set forth the plan for the future use of the above referenced properties, and to designate the properties, as legally described below, to be under the control of the City of Brookings and Brookings Municipal Utilities, respectively, Now, Therefore, Be It Resolved by the City Council of the City of Brookings, South Dakota, that Tract I, described below, shall become immediately available and is hereby designated as property under the management and control of the City of Brookings. Be It Further Resolved that Tract 2, also described below, shall become immediately available and is hereby designated as property under the management and control of the Brookings Municipal Utilities for municipal utilities purposes. Tract I -Exhibit I. Lot 4 of the Railroad Second Addition to the City of Brookings, County of Brookings, State of South Dakota, in the northeast quarter of Section 26 Township I 10 North Range 50 West of the Fifth Principal Meridian Tract 2 -Exhibit 2. An irregular parcel, bounded by Outlot "A" on the southern edge and bounded on western edge by the west section line of the northwest quarter of Section 26 Township 110 North Range 50 West of the Fifth Principal Meridian City Council Packet May 10, 2011 62 On the motion, all present voted yes; motion carried. Renewal of Management Contract for the Swiftel Center. A motion was made by Bartley, seconded by Thorpe, to approve the renewal of the management contract for the Swiftel Center with VenuWorks. All present voted yes; motion carried. Resolution No. 54-11. A motion was made by Kubal, seconded by McClemans, to approve Resolution No. 54-11, awarding a contract for 2011-07STI Main Avenue and Front Street Project to Bowes Construction, Inc., Brookings, SD for the low base bid of $323,511.58 and Alternate #1 (concrete parking lot) for $54,093.00 for a total of $377,604.58. No public comment. All present voted yes; motion carried. Resolution No. 54-11 - Resolution Awarding Bids on Project 2011-07STI Main Avenue & Front Street Project Whereas, the City of Brookings opened bids for Project 2011-07STI Main Avenue & Front Street Project on Tuesday, April 12, 2011 at 1:30 pm at Brookings City Hall; and Whereas, the City of Brookings has received the following bids for Project 2011-07STI Main Avenue & Front Street Project: 1) Bowes Construction, Brookings, SD: Base Bid of $323,511.58, Alternate #1 of $54,093.00, Alternate #2 of $31,524.00, Total Base + Alternate #1 of $377,604.58, Total Base + Alternate #2 of $355,035.58; 2) Carstensen Contracting, Pipestone, MN: Base Bid of $330,189.50, Alternate #1 of $68,612.70, Alternate #2 of $46,476.60, Total Base + Alternate #1 of $398,802.20, Total Base + Alternate #2 of $376,666.10; 3) Rounds Construction, Brookings, SD: Base Bid of $352,524.69, Alternate #1 of $65,272.22, Alternate #2 of $41,961.00, Total Base + Alternate #1 of $417,796.91, Total Base + Alternate #2 of $394,485.69; 4) Carlson Company, Tea, SD: Base Bid of $394,239.07, Alternate #1 of $67,454.92, Alternate #2 of $44,044.14, Total Base + Alternate #1 of $461,693.99, Total Base + Alternate #2 of $438,283.21. Whereas, the City of Brookings has selected Alternate 1, concrete parking lot, due to the lower life-cycle costs over a 40-year pavement life compared to asphalt. Now Therefore, Be It Resolved that the low base bid of $323,511.58 and Alternate 1 (concrete parking lot) for $54,093.00 for a total $377,604.58 for Bowes Construction, Inc., Brookings, SD be accepted. Resolution No. 55-11. A motion was made by McClemans, seconded by Thorpe, to approve Resolution No. 55-11, awarding a contract for 2011-06STI Chip Seal Project to Bituminous Paving, Inc., Ortonville, MN in the amount of $197,325.00. No public comment. All present voted yes; motion carried. Resolution No. 55-11 - Resolution Awarding Bids on Project 2011-06STI Chip Seal Project Whereas, the City of Brookings opened bids for Project 2011-06STI Chip Seal Project on Tuesday, April 19, 2011 at 1:30 pm at Brookings City Hall; and Whereas, the City of Brookings has received the following bids for Project City Council Packet May 10, 2011 63 2011-06STI Chip Seal Project: Bituminous Paving, Inc., Ortonville, MN $197,325.00, Topkote, Inc., Yankton, SD $205,920.00, and The Road Guy Construction Co., Yankton, SD $214,500.00. Now Therefore, Be It Resolved that the low bid of $197,325.00 for Bituminous Paving, Inc., Ortonville, MN be accepted. Resolution No. 56-11. A motion was made by Corbett, seconded by Kubal, to approve Resolution No. 56-11, awarding a contract for a Police Department Rapid Deployment Vehicle to The Armored Group, Ft. Worth, TX in the amount of $62,297.49. No public comment. All present voted yes; motion carried. Resolution No. 56-11 - Purchase of Rapid Deployment Vehicle (RDV) Whereas, the City of Brookings purchases police vehicles to add to the fleet of the Brookings Police Department and Whereas, the City of Brookings has acquired a reimbursement from a Homeland Security Grant, the addition and purchase of a rapid deployment vehicle for its SWAT Team for the fiscal year 2011 and Whereas, the Brookings Police Department has requested the purchase of a rapid deployment vehicle for its SWAT Team to be reimbursed by Homeland Security and Whereas, the Brookings Police Department has received an offering according to specifications set forth from The Armored Group LLC of Fort Worth Texas of a Ford E450 Dual Wheel Chassis Rapid Deployment Vehicle. Now, Therefore, Be It Resolved by the governing body of the City of Brookings, South Dakota, shall approve the purchase of a 2011 Ford E450 Dual Wheel Chassis Rapid Deployment Vehicle from The Armored Group LLC of Fort Worth Texas. Ordinance No. 09-11. A first reading was held on Ordinance No. 09-11, an Ordinance providing for the sale of food, beverages, and merchandise by temporary vendors upon sidewalks in the Central Business District in the City of Brookings. Public Hearing: May 10, 2011. Ordinance No. 10-11. A first reading was held on Ordinance No. 10-11, an Ordinance authorizing a supplemental appropriation to the 2011 Budget for the purpose of providing for additional funds for the operation of the City. Public Hearing: May 10, 2011. Ordinance No. 11-11. A first reading was held on Ordinance No. 11-11, an Ordinance to change the Zoning within the City of Brookings (Foster): the NE ¼ of Section 19-T110N- R49W, excluding Lots H-4, H-5, the east 1620 feet, and the platted areas thereof be and the same is hereby rezoned and reclassified from an Agricultural A District to an Industrial I-1 R District; and the east 1,620 feet of the NE ¼ of Section 19-T110N-R49W, excluding Lots H-4, H-5, and platted areas thereof be and the same is hereby rezoned and reclassified from an Agricultural A District to an Industrial I-1 District. Public Hearing: May 10, 2011. City Council Packet May 10, 2011 64 Ordinance No. 05-11. A public hearing was held on Ordinance No. 05-11, an Ordinance amending Section 6-6 of the Code of Ordinances of the City of Brookings, South Dakota and pertaining to Video Lottery machine placement in the City of Brookings, South Dakota. A motion was made by Bartley, seconded by Thorpe, to approve Ordinance No. 05-11. A motion was made by Bezdichek, seconded by Bartley, to amend the population number to allow for 10 video lottery licenses. All present voted yes, motion to amend carried. On the main motion as amended, 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: 5/7 (Graduation Party), and 5/7 (Reception). A motion was made by Bartley, seconded by Bezdichek, to approve. No public comment. All present voted yes; motion carried. RECONSIDERATION of Ordinance No. 08-11. A motion was made by McClemans, seconded by Reed, to reconsider the following action taken on April 5, 2011 for 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. On the motion; Corbett, Kubal, McClemans, Reed and Thorpe voted yes; Bartley and Bezdichek voted no; motion to reconsider carried. Amendment: A motion was made by McClemans, seconded by Reed, to rezone the south 66’ to a Class Residence R-3A District and leave the north 50’ as a Class Industrial I-1District. Table: A motion was made by Reed, seconded by Corbett, to table the motion. All present voted yes; except Bartley and Bezdichek voted no; motion carried to table. Resolution No. 57-11. A motion was made by Corbett, seconded by Bezdichek, to approve Resolution No. 57-11, establishing charges for Collections and Disposal of Refuse in the City of Brookings, South Dakota. All present voted yes; motion carried. Resolution No. 57-11 - Establishing Charges for Collections and Disposal of Refuse in the City of Brookings, South Dakota. Be It Resolved By the City of Brookings As Follows, TO WIT: I. Monthly charges for Residential Accounts The cost of collection and disposal of refuse for family domestic units shall become a charge against the occupant of each dwelling and shall be payable monthly together with other public service charges as defined by the City of Brookings. A fair and reasonable charge for the collection of refuse at each regular collection time, from each residential account shall be seventeen dollars and fifty cents ($17.50) plus sales tax per month. The monthly charge shall be based on one automated cart provided by the City or one or more fly tight container(s) provided by the citizen for those areas not yet served by the automated collection system. The monthly charge shall be based upon once a week pickup for garbage and refuse, and once a week pickup for recyclable material. City Council Packet May 10, 2011 65 A fair and reasonable charge for a second automated cart provided by the City for the collection of garbage and refuse shall be three dollars and fifty cents ($3.50) plus sales tax per month. Yard waste (grass and leaves) will be collected once per week. The yard waste will be collected in special bags sold by the city at various locations. A fair and reasonable charge for the bags to offset the cost of the bags, the collection and composting activity, shall be eighty five cents ($.85) per bag. The various locations may charge an agent’s fee. II. Monthly Charges for Commercial Establishments The cost of collection and disposal of refuse from commercial establishments, the public schools, or any other institution or facility not otherwise classified herein shall become a charge against the occupant of such commercial establishment and shall be payable monthly together with other public services as defined by the City of Brookings. A fair and reasonable charge for collection of the contents shall be a minimum charge of thirty five dollars ($35.00) plus sales tax per month for five (5) carts with an additional charge of three dollars and fifty cents ($3.50) plus sales tax per cart thereafter. Apartments and other institutions or facilities utilizing containers for trash receptacles, shall be charged ninety dollars ($90.00) plus sales tax per month for a one and one-half (1 ½) cubic yard container; one hundred fifteen dollars ($115.00) plus sales tax per month for a 2-cubic yard container; one hundred forty dollars ($140.00) plus sales tax per month for a 3-cubic yard container; one hundred sixty five dollars ($165.00) plus sales tax per month for a 4-cubic yard container; one hundred ninety dollars ($190.00) plus sales tax per month for a 5-cubic yard container; two hundred seventeen dollars ($217.00) plus sales tax per month for a 6-cubic yard container; two hundred forty three dollars ($243.00) plus sales tax per month for a 7-cubic yard container; and two hundred sixty eight dollars ($268.00) plus sales tax per month for a 8- cubic yard container. Said charges shall be based upon a twice a week pickup. The charges for each additional pickup per week at the same location, with the necessity of moving the collection vehicle shall be twenty-nine dollars ($29.00) plus sales tax for a 1 ½ cubic yard container; thirty five dollars ($35.00) plus sales tax for a 2-yard container; forty seven dollars ($47.00) plus sales tax for a 3-yard container; and fifty eight dollars ($58.00) plus sales tax for a 4-yard or larger container. III. Monthly Charges for State Institutions The cost of the disposal of refuse from a state institution or facility located within the City of Brookings where the institution or facility maintains its own collection service, shall be at the same rate or charge imposed upon licensed commercial garbage haulers, as provided in paragraph II and which rate or charge shall be imposed on each load whether the same be a partial or full load. The Director of Solid Waste Management shall keep a monthly record of the number of loads brought to the sanitary landfill each month by a state institution. Said institution shall be billed at the end of each calendar month on the basis of the number of loads of refuse brought to the sanitary landfill during the prior month. IV. Charges for Use City Council Packet May 10, 2011 66 Each commercial hauler, and each commercial establishment hauling its own garbage, rubbish and waste material, shall pay to the City of Brookings for the use of the sanitary landfill the following charges per vehicle load: A. For loads of refuse material not requiring additional compaction or processing (lumber, roofing, concrete or trees), the sum of $21.00 per ton plus state sales tax will be charged. The minimum fee will be $5.00 for 500 pounds of material. B. For loads of waste material requiring additional compaction or processing (paper, food waste, plastic, lumber, grass, leaves, etc.) the sum of $43.00 per ton plus $1.00 per ton state fee, plus state sales tax will be charged. The minimum fee will be $5.00 per 240 pounds of material. V. Landfill Charges for Special Waste: Each hauler of special waste, including tire, asbestos and petroleum contaminated soil, shall pay to the City of Brookings for the use of the landfill the following charges, plus state sales tax: (a) Tires: Passenger car tires $3.00, Light pickup tires $5.00, Truck tires $11.00, Tractor tires $30.00, (b) Asbestos: per bag $7.50, per ton (accepted in region only) $43.00, (c) Petroleum Contaminated Soil: All Contaminated Soil (per ton) $11.00. VI. Tires: Tires will not be collected on city garbage routes. Tires may be disposed of at the landfill at the prices listed in Paragraph V (a). VII. Appliances: White goods/appliances having freon will be charged twelve dollars ($12.00) per appliance, plus state sales tax. VIII. Mobile Homes: Mobile homes will be charged one hundred thirty-five dollars ($135.00) per home, plus sales tax. IX. Effective Date: All charges established by this resolution will be effective January 1, 2012. Bob Sheldon Field Building Project. Jeff Weldon said this is a budgeted replacement of the restroom / concession building at Bob Sheldon Field. The design phase of the project has been completed; bids came in at $149,093.00, well over the budgeted amount of $100,000.00. The building is very basic and would be a replacement with little in the way of any upgrades except being slightly larger to accommodate current ADA requirements and more space for concession sales/storage. The Baseball Association will also be contributing to some of the interior concession arrangements so they will have some costs as well. An exact amount of such improvements from the Association is unknown at this time, but it is estimated at approximately $20,000.00. All user groups are asked to help finance some capital or operating expenses of the facilities they use. Director Allyn Frerichs has suggested we could defer another scheduled improvement project and use those funds to apply to this project to make up the difference. That would be to defer City Council Packet May 10, 2011 67 the planned irrigation improvements to the Medary School ball fields ($55,000.00) and push this project to next year. Of course, the actual cost would not be known until bidding, and the low bid could be within budget. A motion was made by Bezdichek, seconded by Bartley, to proceed with bidding the project and see where the bids come in and decide at that time. All present voted yes; motion carried. Brookings Health Systems Year-End Report. Representatives of Brookings Health Systems provided the City Council with an overview of financial and activity operations of the municipal hospital. New Liquor Licenses Policies issues. A motion was made by Reed, seconded by Corbett, to approve the current operating agreement without any changes. Amendment: A motion was made by Thorpe, seconded by Bezdichek, that businesses would lose their operating agreement if they didn’t generate in excess of $2,000 at the time of their ten year renewal. Discussion: There was clarification that this also included the existing operating agreements and not just the three new ones. There were concerns about timing implementation, noting one of the current agreements if up for renewal in July. Reed said the value can’t be measured on liquor revenue only. He was also concerned businesses might low ball prices in order to generate override numbers. On the motion, McClemans and Thorpe voted yes; Bartley, Bezdichek, Corbett, Reed and Kubal voted no, motion failed. On the original motion, all present voted yes, except McClemans and Thorpe voted no, motion carried. No changes were made to the existing liquor operating policies. There was consensus on the proposed schedule, process and application packet. Clarification on transfer fees will be held at another meeting. Feasibility of Tax Increment District #5. A motion was made by McClemans, seconded by Reed, to direct the City Manager to work with Northland Securities to further investigate the feasibility of establishing a Tax Increment District to provide for the necessary financing for transportation infrastructure improvements associated with the design and upgraded construction of 20th Street South and Main Avenue South and associated storm drainage. All present voted yes; motion carried. Adjourn. A motion was made by Bartley, seconded by Thorpe, to adjourn. All present voted yes; motion carried. Meeting adjourned at 9:35 p.m. CITY OF BROOKINGS ATTEST: Tim Reed, Mayor Shari Thornes, City Clerk City Council Packet May 10, 2011 68 CONSENT AGENDA #4 C. Action on Mayoral appointments. Mayor Tim Reed has submitted the following appointment recommendations for Council Action: Jameson Berreth and Anthony Sutton to the Visitor Promotions Committee as the SDSU Student Representatives. City Council Packet May 10, 2011 69 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 – Brooke Reiner Finance Chair – Brian Gottlob State & Local Chair – Jameson Berreth SDSU Senate Website: http://www.wix.com/sdsu_sa/sa City Council Packet May 10, 2011 70 Contract Awards / Change Orders 7. Action on Resolution No. 52-11, a Resolution authorizing Change Order No. 1 (CCO#1 Final) for Recreation/Bike Path & Structure Project POENH(147) PCN 00C2 & EM 8006(49) PCN 010A, Rounds Construction Co., Inc. The City of Brookings received a grant to construct a new bike path east of I-29, which serves as a recreational trail, as well as a pedestrian transportation route to the industries on the east side of Brookings, the business park, the Swiftel Center, and Larson Ice Center. The bike trail crosses under I-29 at the railroad tracks, runs north along the east side of I-29, crosses 6th Street at 32nd Avenue and runs north along 32nd Avenue ending at the South Dakota Newspaper Association. The City was awarded a grant with Transportation Enhancement Funds for $499,000 and a grant using High Priority Project Funds for $100,000, of which approximately $90,000 of the fund is available. The City match for this project is 20%, approximately $141,000, which gives a total project budget of approximately $725,000. The bike path project included a boardwalk, a new retaining wall under the I-29 Overpass, and an asphalt bike path. This project has been completed and is ready to be closed out. This resolution will approve additional work for borrow excavation, 24” RCP, grinding curb, 6” concrete sidewalk, 3” rigid conduit, erosion control blanket and adjust bid quantities to final as- built quantities for a total decrease of $3,582.82 to the contract. The contract substantial completion deadline was August 20, 2009 with $750 per working day liquidated damages in the contract. The contractor exceeded the substantial completion deadline by 16 working days. Steve Rames, Banner Associates, and the City recommends granting six working days to accommodate for wet weather and two working days for the extra borrow excavation work. This results in eight working days at $750 per day being charged to the contract. The summary is as follows: Original Contract Price: $607,765.57 Increase from previously approved Change Orders: $ 0.00 Contract price prior to this Change Order: $607,765.57 Decrease of this Change Order: $ 3,582.82 Contract Price incorporating this Change Order: $604,182.75 City Council Packet May 10, 2011 71 This resolution will approve the Change Order No. 1(CCO#1 Final) for a decrease of $3,582.82 and will extend the substantial completion date by eight days to the contract, which will result in eight working days at $750 per day being charged to the contract with Rounds Construction Company, Inc. City Manager recommendation: I recommend granting an extension of eight working days to the contract to accommodate wet weather and the extra borrow excavation work and I recommend charging the contractor for eight working days at $750 per working day. Resolution No. 52-11 A Resolution Authorizing Change Order No. 1 (CCO#1 Final) For Brookings Recreation/Bike Path & Structure Project POENH(147) PCN 00C2 and EM 8006(49) PCN 010A Be It Resolved by the City Council that the following change order be allowed for Recreation/Bike Path & Structure Project POENH(147) PCN 00C2 and EM 8006(49) PCN 010A Construction Change Order Number 1 (Final): - Adjust contract cost for additional costs for borrow excavation, 24” RCP, grinding curb, 6” concrete sidewalk, 3” rigid conduit, erosion control blanket and adjust bid quantities to final as-built quantities for a total decrease of $3,582.82 to the contract. - Adjust contract completion date by 8.0 working days to close out the project, which will result in 8.0 working days at $750 per working day being charged to the contract. Passed and approved this 10th day of May, 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 May 10, 2011 74 First Readings** 8. Ordinance No. 12-11: An Ordinance Amending Article IV. of Chapter 26 of the Code of Ordinances of the City of Brookings to establish additional regulations pertaining to Pawnbrokers in the City of Brookings, South Dakota. Public Hearing: May 24, 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. To: Jeff Weldon, City Manager, Shari Thornes, City Clerk and Jeff Miller, Police Chief Lieutenant Derrick Powers and Officer Marci Gebers From: Steven J. Britzman, City Attorney Date: May 4, 2011 Re: Proposed Ordinance regulating Pawnbrokers Officer Marci Gebers provided several sample ordinances regulating pawnbrokers (Sioux Falls, Rapid City and Watertown), and requested a city ordinance to address pawnbrokers, because pawnbrokers records have not been adequate to provide needed information on some investigations. We have several pawnbrokers’ ordinances currently in our code and the proposed ordinance is in addition to the ordinances we have. Jeff Miller and I have visited about the proposed changes and he has approved the revisions. In brief summary, the changes should improve our ability to obtain information about pawned items if necessary and the changes are consistent with more comprehensive pawnbroker ordinances used in other First Class South Dakota municipalities. Our authority to regulate pawnbrokers is set forth in the following State law: 9-34-8. Business licensing - Peddlers - Pawnbrokers- Employment agencies - Telecommunications services exempt. Every municipality may license, tax, regulate, or prohibit hawkers, peddlers, solicitors, pawnbrokers, ticket scalpers, and employment agencies. However, the provisions of § 9- 34-18 and this section do not apply to the peddling or soliciting of telecommunications services subject to the provisions of chapter 49-13 or 49-31. City Council Packet May 10, 2011 75 Ordinance No. 12-11 An Ordinance Amending Article IV. of Chapter 26 of the Code of Ordinances of the City of Brookings to establish additional regulations pertaining to Pawnbrokers in the City of Brookings, South Dakota. Be It Ordained and enacted by the Council of the City of Brookings, State of South Dakota, as follows: I. Article IV of Chapter 26 of the Code of Ordinances of the City of Brookings is amended as follows: Sec. 26-151. Definitions The term “Pawnbroker” means any person who loans money on deposit or pledge of personal property or other valuable thing, or who deals in the purchasing of personal property or other valuable thing on condition of selling the same back again at a stipulated price, or who loans money secured by chattel mortgage on personal property and by taking possession of the property or any part thereof so mortgaged. Sec. 26-152. License. (a) Required. It shall be unlawful for any person to engage in business as a pawnbroker within the city without first obtaining a pawnbroker’s license. (b) Issuance. The provisions of this chapter, insofar as such provisions may be applicable and not in conflict, shall apply to and govern the issuance of any license issued under the provisions of this article. Sec. 26-153. Records required. (a) All pawnbrokers within the city shall keep a record of all loans made and of all articles received by them as security, on consignment or by purchase, and shall make and maintain, on forms prescribed or approved by the chief of police, a record of all such regulated transactions. (b) Such records shall specifically identify the following information: 1. The name of the person from whom the property is purchased or received; 2. His or her place of residence; 3. His or her date of birth; 4. The date of the transaction; 5. Each article purchased or received; 6. If available, the manufacturer’s name, style, model number, serial number, engraved initials or other identifying marks of the article purchased or received; 7. The date when the article is to be redeemed; and 8. The record shall also include any other information required by the forms approved by the chief of police. (c) Every pawnbroker shall also record the date of disposition or redemption from pawn of the article or any part or portion thereof. The disposition report shall be located at the same place where the receiving records of the article are located. City Council Packet May 10, 2011 76 (d) It is a violation of this ordinance if any pawnbroker fails to keep the records or fails to make the required entries therein, or shall intentionally or knowingly makes any false or unintelligible entry, or any entry which the pawnbroker has reason to believe is untrue, or who fails to make the inquiries necessary to enable the pawnbroker to make the required entries, or who fails to produce the pawnbroker’s records when requested by a law enforcement officer during reasonable business hours, or who destroys or willfully permits the records to be destroyed or lost. The records required by this section shall be maintained for 1 year after the date of purchase or receipt of an article, and shall be made available for inspection during reasonable business hours. Sec. 26-154. Access to records. All records kept by pawnbrokers within the city shall be open to inspection by the city police, county sheriff or other authorized law enforcement officer during reasonable business hours. A copy of the records required by Section 26-153, on the prescribed or approved form, shall be furnished by the pawnbroker or its agent to the law enforcement officer upon request. In addition, a pawnbroker shall produce and show any article pledged in connection with any loan. Sec. 26-155. Holding period for pawned articles. Every article of any kind or description which is taken in pawn by a pawnbroker shall be held by the pawnbroker for a period of 40 days, during which time the same shall not be shown either for sale or for inspection, to any person, other than a law enforcement officer. Sec. 26-156. Hold orders – effect. The chief of police or any authorized law enforcement officer may, by written order, require a pawnbroker to hold any specified article or articles deposited with or in custody of the pawnbroker for purposes of further investigation by law enforcement, when the item or items are believed to be stolen. A hold order shall remain in effect for a period of 30 days commencing the day on which the hold order was delivered to the pawnbroker. A hold order shall supersede the provisions of Section 26-155 and no sale or other disposition may be made of the article or articles while the hold order remains in effect, unless released by the officer issuing the hold order. Sec. 26-157. Inspection – Police Department’s authority. The chief of police or the chief’s designee shall have the power and authority to prescribe the form to be kept for purposes of this ordinance. No pawnbroker or any other personnel shall refuse, resist or attempt to prevent any law enforcement officer from examining the licensed premises occupied by the pawnbroker where property is stored, during reasonable business hours, for the purpose of reviewing the pawnbroker’s records or investigating stolen property. II. All ordinances in conflict herewith are hereby repealed. First Reading: May 10, 2011 Second Reading and Adoption: Published: City Council Packet May 10, 2011 77 Ordinance No. 12-11 (MARKED) An Ordinance Amending Article IV. of Chapter 26 of the Code of Ordinances of the City of Brookings to establish additional regulations pertaining to Pawnbrokers in the City of Brookings, South Dakota. Be It Ordained and enacted by the Council of the City of Brookings, State of South Dakota, as follows: I. Article IV of Chapter 26 of the Code of Ordinances of the City of Brookings is amended as follows: Sec. 26-151. Definitions The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: The term “Pawnbroker” means any person who loans money on deposit or pledge of personal property or other valuable thing, or who deals in the purchasing of personal property or other valuable thing on condition of selling the same back again at a stipulated price, or who loans money secured by chattel mortgage on personal property and by taking possession of the property or any part thereof so mortgaged. Sec. 26-152. License. (a) Required. It shall be unlawful for any person to engage in business as a pawnbroker within the city without first obtaining a pawnbroker’s license. (b) Issuance. The provisions of this chapter, insofar as such provisions may be applicable and not in conflict, shall apply to and govern the issuance of any license issued under the provisions of this article. Sec. 26-153. Records required. (a) All pawnbrokers within the city shall keep a record of all loans made and of all articles received by them as security, the date received and the name of the person from whom received on consignment or by purchase, and shall make and maintain, on forms prescribed or approved by the chief of police, a record of all such regulated transactions. (b) Such records shall specifically identify the following information: 1. The name of the person from whom the property is purchased or received; 2. His or her place of residence; 3. His or her date of birth; 4. The date of the transaction; 5. Each article purchased or received; 6. If available, the manufacturer’s name, style, model number, serial number, engraved initials or other identifying marks of the article purchased or received; 7. The date when the article is to be redeemed; and City Council Packet May 10, 2011 78 8. The record shall also include any other information required by the forms approved by the chief of police. (c) Every pawnbroker shall also record the date of disposition or redemption from pawn of the article or any part or portion thereof. The disposition report shall be located at the same place where the receiving records of the article are located. (d) It is a violation of this ordinance if any pawnbroker fails to keep the records or fails to make the required entries therein, or shall intentionally or knowingly makes any false or unintelligible entry, or any entry which the pawnbroker has reason to believe is untrue, or who fails to make the inquiries necessary to enable the pawnbroker to make the required entries, or who fails to produce the pawnbroker’s records when requested by a law enforcement officer during reasonable business hours, or who destroys or willfully permits the records to be destroyed or lost. The records required by this section shall be maintained for 1 year after the date of purchase or receipt of an article, and shall be made available for inspection during reasonable business hours. Sec. 26-154. Access to records. All records kept maintained by pawnbrokers within the city shall be open to inspection by the city police, county sheriff or other authorized law enforcement officer during at all reasonable business hours times. A copy of the records required by Section 26-153, on the prescribed or approved form, shall be furnished by the pawnbroker or its agent to the law enforcement officer upon request. In addition, a pawnbroker shall produce and show any article pledged in connection with any loan. Sec. 26-155. Holding period for pawned articles. Every article of any kind or description which is taken in pawn by a pawnbroker shall be held by the pawnbroker for a period of 40 days, during which time the same shall not be shown either for sale or for inspection, to any person, other than a law enforcement officer. Sec. 26-156. Hold orders – effect. The chief of police or any authorized law enforcement officer may, by written order, require a pawnbroker to hold any specified article or articles deposited with or in custody of the pawnbroker for purposes of further investigation by law enforcement, when the item or items are believed to be stolen. A hold order shall remain in effect for a period of 30 days commencing the day on which the hold order was delivered to the pawnbroker. A hold order shall supersede the provisions of Section 26-155 and no sale or other disposition may be made of the article or articles while the hold order remains in effect, unless released by the officer issuing the hold order. Sec. 26-157. Inspection – Police Department’s authority. The chief of police or the chief’s designee shall have the power and authority to prescribe the form to be kept for purposes of this ordinance. No pawnbroker or any other personnel shall refuse, resist or attempt to prevent any law enforcement officer from examining the licensed premises occupied by the pawnbroker where property is stored, during reasonable business hours, for the purpose of reviewing the pawnbroker’s records or investigating stolen property. City Council Packet May 10, 2011 79 II. All ordinances in conflict herewith are hereby repealed. First Reading: May 10, 2011 Second Reading and Adoption: Published: City of Brookings, SD Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk City Council Packet May 10, 2011 80 Second Readings / Public Hearings 9. Ordinance No. 9-11: An Ordinance providing for the sale of food, beverages and merchandise by temporary vendors upon sidewalks in the Central Business District in the City of Brookings. An ordinance to permit the sale of food, beverages and merchandise on the sidewalks in the downtown area was approved in 2003. This ordinance allows business owners/operators to sell their products on the public sidewalk which abuts their business. The ordinance prohibits someone other than the current business owner/operator from doing this now. This amendment would allow a temporary vendor to come into the downtown area and sell food, beverages, or merchandise on the sidewalk in front of a business only if that business gave them permission to do so. The vendor would be required to obtain a permit from the city, pay a fee, and follow the same regulations as a downtown business would have to follow, plus several new regulations which are in the proposed ordinance. There is also a non-compete type clause built into the regulations. The underlined words, sentences, and sections in the attached ordinance are new. Temporary vendors can now only set up on private commercial property when there is ample room to do so. This occurs from time to time on commercial properties with surface parking lots or other outdoor areas. City Manager Introduction Action: Open & Close Public Hearing, Motion to Approve, Roll Call City Council Packet May 10, 2011 81 Ordinance No. 09-11 An ordinance providing for the sale of food, beverages and merchandise by temporary vendors upon sidewalks in the Central Business District in the City of Brookings Be it ordained by the Council of the City of Brookings, State of South Dakota that Article II. of Chapter 74 of the Code of Ordinances shall be amended as follows: Section 1. DIVISION 1.5. USE OF SIDEWALKS AND STREETS IN THE CENTRAL BUSINESS DISTRICT Subdivision A. Placement of Advertising, Décor, Merchandise, and Articles on Sidewalks in the Central Business District. (Ord. No. 26-03, § I, 9-9-2003) Sec. 74-34. Placement and sale of goods and articles on sidewalk or street No person shall place any advertising, decorative articles, merchandise, tables or other articles upon any sidewalk or street in the city unless otherwise permitted by this chapter, except that, for the purpose of loading or unloading, such articles may be placed upon the sidewalk or street for such time as may be necessary to load or unload the same. In no instance shall any such articles be left upon the sidewalk or street after sunset and before sunrise in such a way as to obstruct the sidewalk. Outdoor sale of merchandise and placement of outdoor advertising and decorative structures in the Central Business District shall be subject to the regulations set forth in this subdivision. Sec. 74-35. - Definitions. [The following definitions shall apply when used in this subdivision:] Central Business District means the zoning district defined by that name in the Zoning Ordinance of the City of Brookings. Merchandise includes goods and items for sale, including plants, flowers, wearing apparel, jewelry, ornaments, art work, household or office supplies, books, and other goods or wares, but excludes food or beverages of any kind. Outdoor advertising and decorative structures includes, but is not limited to menu boards, benches, flower pots, portable signs. Outdoor merchandise area means an area in front of or adjacent to a retail business where merchandise is located on a public sidewalk for the purpose of displaying, exhibiting, selling or offering merchandise for sale. Sidewalk means all that area legally open to public use as a pedestrian public way between the curb line and the public right-of-way boundary along the abutting property. Temporary Vendor means any person or persons who engages in the sale to the public of any food or food products, goods, services, or merchandise of whatever nature, from either their City Council Packet May 10, 2011 82 person or mobile or stationary device, on a temporary basis on any sidewalk in the central business district. Sec. 74-36. - Outdoor merchandise areas, outdoor advertising and decor permitted in central business district. Outdoor sale of merchandise and placement of outdoor advertising and decorative structures are permitted on sidewalks in the Central Business District by the owner or operator of the business whose business is adjacent to the sidewalk upon which the merchandise, outdoor advertising or decorative structures are placed. Outdoor sale of merchandise and placement of outdoor advertising and decorative structures in the Central Business District shall be subject to the regulations set forth in this subdivision. Exception: An owner or operator of a business in the Central Business District may allow a temporary vendor to sell merchandise on the sidewalk adjacent to the business subject to the regulations in this subdivision and Division 2. Sec. 74-37. - Regulations pertaining to outdoor merchandise areas, advertising and decor in the central business district. (1) Advertising, decorative structures, merchandise and fixtures or devices upon which merchandise is displayed shall be located so that they do not impede, endanger or interfere with pedestrian traffic, with a minimum of six feet of passage for pedestrian traffic. (2) No fixtures or devices upon which outdoor merchandise is displayed shall be attached to the sidewalk or other public area. (3) Outdoor merchandise areas will be permitted only adjacent to the building or structure in which the business is located. Outdoor merchandise shall not be permitted next to the curb of the street. (4) Outdoor advertising, decorative structures or merchandise and fixtures or devices upon which merchandise is displayed shall not block regulatory signs, crosswalks or intersections and shall be sufficiently lit during times of low light in order to provide for safe pedestrian passage alongside the outdoor advertising, decorative structures or merchandise. All displays of merchandise within the outdoor merchandise area must meet a minimum height of 12 inches tall or be of sufficient size so that safe pedestrian traffic is not impeded. All merchandise located within the area that outdoor merchandise is displayed shall be placed so that the outdoor merchandise and the fixtures or devices on which the merchandise is displayed are stable and not easily tipped and do not include sharp edges, protrusions or other features which may be hazardous to the public. (5) All merchandise and the fixtures or devices upon which the merchandise is displayed shall be moved inside the building wherein the retail business is located during hours the retail business is not in operation. The hours of operation for temporary vendors are regulated by Division 2. (6) All merchandise and the fixtures, or devices upon which the merchandise is displayed must be secured so that it may not be dislodged during windy or stormy weather prior to being moved inside the building wherein the retail business is located. City Council Packet May 10, 2011 83 (7) The owner or operator of the business or temporary vendor displaying the outdoor merchandise shall be responsible for the maintenance, upkeep and security of the fixtures or devices upon which the merchandise is displayed. (8) The owner or operator of the business or temporary vendor displaying the outdoor merchandise shall be responsible for keeping the outdoor merchandise area clean of garbage, trash, paper, cups, cans or litter associated with the operation of the outdoor merchandise area. (9) Signs attached to the outdoor merchandise fixtures shall be secured so that they are not dislodged during windy or stormy weather. (10) Outdoor merchandise areas shall not contain any live animals. Subdivision B. Outdoor Food and Beverage Service and Dining in the Central Business District Sec. 74-38. – Outdoor food and beverage service and dining areas permitted in central business district. (Ord. No. 26-03, § II, 9-9-2003) Outdoor food and beverage service and dining is permitted on sidewalks in the Central Business District by the owner or operator of the business whose business is adjacent to the sidewalk upon which the food and beverages are to be sold, served or consumed. Outdoor sales and service of food, beverages and outdoor dining in the Central Business District shall be subject to the regulations set forth in this subdivision. Exception: An owner or operator of a business in the Central Business District may allow a temporary vendor to sell food or beverages on the sidewalk adjacent to the business subject to the regulations in this subdivision and Division 2. Sec. 74-39. - Definitions. [The following definitions shall apply when used in this subdivision:] Central Business District means the zoning district defined by that name in the Zoning Ordinance of the City of Brookings. Outdoor dining area means an area on a public sidewalk in front of and adjacent to a business where food or beverages are sold, served or consumed. Sidewalk means all that area legally open to public use as a pedestrian public way between the curb line and the public right-of-way boundary along the abutting property. Temporary Vendor means any person or persons who engages in the sale to the public of any food or food products, goods, services, or merchandise of whatever nature, from either their person or mobile or stationary device, on a temporary basis on any sidewalk in the central business district. Sec. 74-40. - Regulations pertaining to outdoor food and beverage service and dining areas in the central business district. (1) Outdoor sales and service of food, beverages and outdoor dining in the Central Business District shall be subject to the regulations set forth in this subdivision. City Council Packet May 10, 2011 84 (2) No alcoholic beverages may be sold, served or consumed on a sidewalk unless a license has been issued pursuant to applicable law. (3) Outdoor food or beverage sales and outdoor dining shall be located so that such service and dining does not impede, endanger or interfere with pedestrian traffic. Tables, chairs, benches and food and beverage carts and equipment shall be located so that they do not impede, endanger or interfere with pedestrian traffic, with a minimum of six feet of passage for pedestrian traffic. (4) No fixtures or devices on which food or beverages are sold or consumed shall be attached to the sidewalk or other public area. (5) Outdoor food or beverage sales and outdoor dining will be permitted only adjacent to the building or structure in which the business providing the outdoor food and beverage service is located. No tables, chairs, benches and food and beverage carts or equipment shall be permitted next to the curb of the street. (6) Tables, chairs, benches and food and beverage carts and equipment shall not block regulatory signs, crosswalks or intersections and shall be sufficiently lit during times of low light in order to provide for safe pedestrian passage alongside the outdoor dining area. All tables, chairs, benches and food and beverage carts and equipment shall not have sharp edges, protrusions, or other features which may be hazardous to the public. (7) All tables, chairs, benches and food and beverage carts and equipment used for food and beverage sales or consumption shall be moved inside the building wherein the business is located during hours the business is not in operation, unless the tables and chairs are secured to the building or secured together with a cable in a preapproved fashion. The hours of operation for a temporary vendor are regulated by Division 2. (8) All tables, chairs, benches and food and beverage carts and equipment used for food and beverage sales or consumption must be secured so that they may not be dislodged during windy or stormy weather. (9) The business owner or operator, or temporary vendor who conducts outdoor food or beverage sales and outdoor dining shall be responsible for the maintenance, upkeep and security of all tables, chairs, benches and food and beverage carts and equipment used for food or beverage sales and outdoor dining. (10) The business owner or operator or temporary vendor who conducts outdoor food or beverage sales and outdoor dining shall be responsible for keeping the outdoor merchandise area clean of garbage, trash, paper, cups, cans or litter associated with the operation of the outdoor dining area. (11) Signs used to advertise to the outdoor food or beverage sales and the outdoor dining area shall be secured so that they are not dislodged during windy or stormy weather. Secs. 74-41—74-60. - Reserved. DIVISION 2. –PERMIT Sec. 74-66. Temporary vendor permit; fee required It shall be unlawful for any temporary vendor to engage in such business upon any sidewalk in the Central Business District without first obtaining a permit as required by this division. A fee shall be paid for said permit, as set by resolution from time to time by the City Council. City Council Packet May 10, 2011 85 Sec. 74-67. Application An application for a permit shall be submitted to the city with the following information: 1. Applicant’s name, address and phone number (personal and business) 2. Applicant’s drivers license number and date of birth 3. Adjacent business owner’s/operator’s signature of consent 4. Type(s) of food, beverage, or merchandise to be sold 5. Tax ID number and other state required license information (food service license, etc.) 6. Photo of device to be used for vending 7. Certificate of Insurance with City of Brookings as additionally insured ($1,000,000 for food and $25,000 for merchandise) 8. Site map showing exact location on sidewalk of operation including maximum length and width of proposed space to be used. 9. All proposed signage on the stationary or mobile device or umbrella. Sec. 74-68. Restrictions and operational limits 1. No permit may be used for food, beverages or merchandise not stated on the application 2. Food, beverages and merchandise shall be sold only to pedestrians. Soliciting motorists is strictly prohibited. 3. No permit shall be granted for a period exceeding 14 consecutive days. Renewals shall be permitted subject to the applicant’s compliance history. 4. Glass containers are prohibited 5. The permit is not transferable in any manner 6. The permit is valid only at the location shown on the application 7. All vendors must have a trash receptacle 8. The use of any noise producing devices is prohibited 9. Total signage shall not exceed 8 square feet. Freestanding signage is prohibited. 10. Operating hours are limited to the hours between 7:00 am and 10:00 pm. Devices must be removed from the sidewalk during non-operating hours. Hours may be extended by an authorized city official. 11. No food, beverages, or merchandise may be sold within 100 feet of the door of a business owner or operator selling the same product. The distance shall be measured in a straight line from the device to the main entrance to the business. Sec. 74-69. Misrepresentation It shall be unlawful for any temporary vendor to make false or fraudulent statements concerning the quality or the nature of its goods, wares, merchandise or services for the purpose of inducing another to purchase the same. Sec. 74-70. Suspension or Revocation City Council Packet May 10, 2011 86 The city may suspend or revoke any permit issued pursuant to this article if false information was submitted in the permit application or if any local, state or federal law or regulation has been violated. Section 2. Any or all ordinances in conflict herewith are hereby repealed. First Reading: April 26, 2011 Second Reading: May 10, 2011 Published: CITY OF BROOKINGS, SD Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk e TEMPORARY VENDOR PERMIT Date of application         Fee $ Vendor's Name    Home/mobile phone Vendor's address Vendor's business name Vendor's driver's license #        DOB: Address of business (business adjacent to vendor's location) Owner/Operators signature         Date:                      (consent to occupy abutting sidewalk) Type of product to be sold (list all) Tax ID #             Food Service License # Proposed days and hours of operation Please attach the following: Photo of device to be used for vending Certificate of InsuranceCertificat of Insurance Site plan showing exact location of device on sidewalk Size of signage to be used on device/umbrella (freestanding signage is prohibited) Distance to business selling same product (measured from device to front door) The undersigned hereby certifies that he/she has reviewed and agrees to abide by the requirements for temporary sidewalk vending as set forth in Divisions 1.5 and 2 of Article II of Chapter 74 of the Code of Ordinances of the City of Brookings. Vendor's signature:       Date: OFFICE USE ONLY Permit form complete attachments Fee paid Permit approved City Official Date City Council Packet May 10, 2011 88 Second Readings / Public Hearings 10. Ordinance No. 10-11: An Ordinance entitled “An Ordinance authorizing a supplemental appropriation to the 2011 Budget for the purpose of providing for additional funds for the operation of the City.” To: Mayor and City Council Members From: Jeffrey W. Weldon, City Manager Subject: 2011 Budget Amendment #1 Budget amendment #1 in 2011 is increasing General Fund revenues by $275,680, increasing expenditures by $275,680, and moving land purchased in 2010 from the General Fund to the Industrial Land Development Fund. The additional revenue in the general fund is made up of a transfer from the 25% Sales & Use Tax fund for 2010 purchases received in 2011 and a transfer from the Public Improvement Fund for the 34th Avenue Improvement, a grant for a rapid deployment vehicle in the amount of $64,068, remainder of the Safe Routes to School $2,414, a donation by Paul Moriarty for signage at Moriarty Park, a donation by Modern Woodsmen for benches along the bike trail, the Friends of Baseball payment reimbursing expenditures in 2010 was not received until 2011, and Forestry has completed additional line clearance for the utilities. The breakdown of revenue follows: Swat team gas mask, vest, and radio antenna $20,600 Transfer 34th Ave. overlay & Fire Range Building $151,550 RD vehicle & SRTS Grants $69,482 Donation for signage in park, and benches $5,950 BMU payment for line clearance service $20,000 Friends of Baseball 2010 payment $12,398 Maintenance on rentals - loss of rent -$4,300 Total $275,680 The increased expenditures of $275,680 in 2011 are made up of additional expenditures from 2010 in the amount of $213,099. The 2010 expenditures are as follows: Finance lease payment $1,949 Swat gas mask and radio tower antenna $20,600 Fire Range Building $48,550 34th Avenue Overlay $103,000 Streetscape benches, tables, and sign $39,000 2010 General Fund Expenses $213,099 City Council Packet May 10, 2011 89 The 2011 budget expenditures lines for insurance purposes are being adjusted to actual. For the general fund this is a decrease of $137,087. The property and liability insurance premiums is being reduced with the general fund $18,508. The work comp 2011 premium in the general fund is being reduced by $11,258, and the group health insurance premiums are being reduced by $107,321. The 2011 budget has been impacted substantially by the 2010-2011 snow fall. The additional $44,000 requested for the additional overtime, contracted services, and repair of equipment necessary for snow removal last winter. Most snow storms occurred on weekends necessitating overtime. There is an increase in expense lines to match grant income and donations in the amount of $70,018. There are small miscellaneous adjustments for unforeseen expenses. A few examples are additional auditing cost created by the amount of grants received in 2010, retirements or resignations announced in 2011, and equipment repairs. The Special Revenue Funds are being amended to design the 32nd Avenue North project and design 20th Street South west. The 25th Avenue project was budgeted within the Public Improvement Fund, however it has been determined this street will be assessable to the land owners and therefore we are moving the cost of designing and building the 25th Avenue project to the Special Assessment Fund. Within the Public Improvement Fund this will appear as a reduction of an expense, and a transfer to Special Assessment Fund will be added. The allocated monies for the So. Main Sewer project are being reduced to zero as this project will be completed in future years. E-911 is being amended to recognize the grant money and expenditure for four computers and insurance lines adjusted. The Swiftel Center is being reimbursed for sales tax payable in previous years per audit and forwarding the balance of the 2010 capital improvement money. We are transferring the land purchased from Foster in 2010 for industrial land development from the General Fund to the Industrial Land Development Fund. Capital projects are being amended to recognize grant income and 2010 expenditures paid in 2011. Tax Increment Districts are being amended to complete the construction per the agreements. The Airport budget amendment of $80,000 is to build the addition to the ARFF building approved in 2010 to house airport equipment. Edgebrook Golf Course is being amended to allow a transfer from the Public Improvement Fund to pay for the rebuilding of two tee boxes. In 2010 when the irrigation system was installed, the project was completed under budget by $45,900. We are requesting using $10,000 of the reduced cost to build the tee boxes. City Council Packet May 10, 2011 90 The Landfill is recognizing a grant for the recycling of tires, increased ticket sales, and the transfer from the capital reserve for the purchase of a crawler loader per the capital improvement plan adopted last year. The budget lines for gasoline fuel and diesel fuel are a concern, however, we are recommending waiting until later in the year before doing a budget amendment. Oil tumbled more than 3 percent Tuesday (April 12th) after Goldman Sachs warned investors that crude is due for a "substantial pullback." We have reviewed the previous year’s budget, usage, and average cost both nationally and locally. The departments within the general fund use approximately 49,500 gallons of gasoline a year and 16,700 gallons of diesel a year. We have budgeted a total of $213,200 for fuel expense in the general fund for 2011. If fuel stays at approximately $4 per gallon the budget would be short in the general fund an estimated $50,000. If the fuel would raise and hold at $5 per gallon the budget would be short in general fund approximately $100,000. I would recommend using a portion of the $225,000 contingency built into the 2011 budget to fund the shortage rather than cutting services. It is imperative we continue to provide the same level of essential services to the citizens of Brookings. City Manager Introduction Action: Open & Close Public Hearing, Motion to Approve, Roll Call City Council Packet May 10, 2011 91 Ordinance No. 10-11 An Ordinance Entitled “An Ordinance authorizing a supplemental appropriation to the 2011 Budget for the purpose of providing for additional funds for the operation of the City. Be It Ordained by the City of Brookings, South Dakota: Whereas, there are 2010 funds not expended in the amount of $213,099 within the general fund, and Whereas, there are 2010 capital not expended in the amount of $509,023 within the special revenue funds for the SDSU Wellness Center and Swiftel Center capital, and Whereas, there is a need to complete Innovation Campus project and the bike trail project from 2010 in the amount of $373,696, and Whereas, there is a need to complete tax increment capital projects, TIF#3 Valley View Addition and TIF#4 Sieler Addition from 2010 in the amount of $69,493, and Whereas, the money budgeted in 2010 to build an ARFF building to store equipment at the Airport were not spent, and Whereas, the land purchased by the General Fund for industrial land development was not transferred to the Industrial Land Development Fund, and Whereas, the railroad crossing arms and the redesign of Front Street and Main Avenue will be completed in 2011, and Whereas, the design and build of 25th Avenue will be completed in 2011, and Whereas, 34th Avenue overlay was not completed in 2010, and Whereas, 32nd Avenue North design will be completed in 2011, and Whereas, the Main Avenue South sewer main will not be completed in 2011, and Whereas, the EdgeBrook Golf Course needs improvements to two tee boxes, and Whereas, there is a need to recognize grants and grant expenditures, and Whereas, the landfill needs to recognize a tire grant and additional revenue and expenses, and Whereas State Law (SDCL 9-21-7) and the City Charter (4.06 (a) permit supplemental appropriations provided there are sufficient funds and revenues available to pay the appropriation when it becomes due, City Council Packet May 10, 2011 92 Now, Therefore, Be It Resolved by the City Council that the City Manager be authorized to make the following budget adjustments to the 2011 budget: Budget Amendment #1 Revenue Expense Policy & Adm-City Coucil,City Clerk, City Manager (5,422) Financial Adm-Finance, Human Res (1,777) Other-Non-Dept, Gen Gov Buildings, IT 172,150 1,560,794 Public Safety-Police, Fire, Animal Control 64,068 105,405 Public Works-Comm Dev, Engineer, Street 1,114 155,971 Culture & Recreation-Park,Rec,Forestry,Library 38,348 7,492 Total General Government 275,680 1,822,463 25% Sales & Use Tax 2,920 20,600 75% Public Improvement 100,000 442,573 E-911 4,093 (12,302) Swiftel Center 26,868 26,868 Industrial Park 1,546,783 50,361 Special Assessment 300,000 (360,000) Storm Drainage 1,873 Total Special Revenue 1,980,664 169,973 TIF#1 Innovation Campus 203,696 TIF#3 Valley View Addition 47,393 47,393 TIF#4 Sieler Addition 22,000 22,000 Bike Trail 70,696 170,000 Total Capital Projects 140,089 443,089 Airport Fund 80,000 EdgeBrook Golf Course 10,000 10,000 Landfill 632,000 632,000 Total Enterprise Funds 642,000 722,000 All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. First Reading: April 26, 2011 Second Reading: May 10, 2011 Published: May 13, 2011 CITY OF BROOKINGS _________________________ ATTEST: Tim Reed, Mayor ____________________________ Shari Thornes, City Clerk Budget Ordinance  xx‐11 Amendment #1 April 26, 2011 By Function Original Amended Difference Account Number Department Description Detail Budget Budget 101‐401‐5‐421‐00 Mayor & Council Insurance Premium Disb $1,146 $911 ‐$235 101‐403‐5‐123‐00 City Clerk Group Ins Premium Disb $41,764 $37,091 ‐$4,673 101‐406‐5‐123‐00 City Manager Group Ins Premium Disb $5,954 $5,440 ‐$514 Policy & Adm Expenses ‐$5,422 101‐414‐5‐123‐00 Human Resources Group Ins Premium Disb $20,806 $18,967 ‐$1,839 101‐414‐5‐429‐10 Human Resources Safety Committee Safety & Wellness $5,000 $5,600 $600 101‐415‐5‐123‐00 Finance Group Ins Premium Disb $45,473 $36,853 ‐$8,620 101‐415‐5‐421‐00 Finance Insurance Premium Disb $593 $476 ‐$117 101‐415‐5‐422‐02 Finance Auditing Services Grants‐more hrs $41,600 $47,350 $5,750 101‐415‐5‐429‐09 Finance Miscellaneous Decals all vehicles $100 $600 $500 101‐415‐5‐940‐00 Finance Other Capital 2010 lease pay $3,897 $5,846 $1,949 Financial Adm Expenses ‐$1,777 101‐000‐4‐700‐04 Transfer In 25% S&U Tax 2010 Swat & radio tower $470,000 $490,600 $20,600 101‐000‐4‐700‐03 Transfer In 75% S&U Tax Fire Range Bldg $1,125,818 $1,174,368 $48,550 101‐000‐4‐700‐03 Transfer In 75% S&U Tax 34th Ave overlay $0 $103,000 $103,000 101‐000‐4‐691‐40 Insurance Refund/Disc Insurance Disc $0 Other & Nondepartmental Revenue $172,150 101‐405‐5‐422‐03 Consulting Environmental Study $63,500 $73,500 $10,000 101‐405‐5‐856‐96 Matching Grant Grant match $15,000 $4,500 ‐$10,500 101‐416‐5‐123‐00 Information Tech Group Ins Premium Disb $4,825 $4,409 ‐$416 101‐417‐5‐421‐00 Gen Gov Buildings Insurance Premium Disb $12,730 $9,812 ‐$2,918 101‐495‐7‐899‐03 Transfer Out Swiftel Transfer Sales tax audit $300,000 $317,845 $17,845$,$,$, 101‐495‐7‐899‐02 Transfer Out Industrial Asset transfer Foster Property $0 $1,546,783 $1,546,783 Other & Nondepartmental Expense $1,560,794 101‐421‐4‐334‐06 Police Grants Homeland Security $21,000 $85,068 $64,068 Public Safety Revenue $64,068 101‐421‐5‐123‐00 Police Group Ins Premium Disb $361,160 $338,264 ‐$22,896 101‐421‐5‐130‐00 Police Workers Comp Premium Disb $48,040 $46,363 ‐$1,677 101‐421‐5‐421‐00 Police Insurance Premium Disb $22,288 $20,842 ‐$1,446 101‐421‐5‐911‐00 Police Buildings Shooting Range $0 $48,550 $48,550 101‐421‐5‐930‐00 Police Machinery & Auto RDV $99,000 $163,068 $64,068 101‐421‐5‐950‐01 Police Capital less $5,000 Swat & Radio Tower $20,754 $41,354 $20,600 101‐422‐5‐123‐00 Fire Group Ins Premium Disb $36,703 $33,762 ‐$2,941 101‐422‐5‐130‐00 Fire Workers Comp Premium Disb $11,361 $10,978 ‐$383 101‐422‐5‐421‐00 Fire Insurance Premium Disb $24,559 $27,284 $2,725 101‐442‐5‐123‐00 Animal Control Group Ins Premium Disb $13,248 $12,053 ‐$1,195 Public Safety Expense $105,405 101‐418‐4‐662‐01 Community Dev Rental Occupancy $22,800 $18,500 ‐$4,300 101‐418‐4‐334‐09 Community Dev SRTS Grant ‐ SRTS $0 $2,414 $2,414 101‐431‐4‐334‐09 Street Grants Flood reimburse $10,000 $13,000 $3,000 Public Works Revenue $1,114 101‐418‐5‐123‐00 Community Develop Group Ins Premium Disb $52,484 $45,398 ‐$7,086 101‐418‐5‐425‐05 Community Dev Maintenance Bldg Rentals $1,000 $2,000 $1,000 101‐418‐5‐423‐05 Community Dev Adv/Public Education $0 $1,000 $1,000 101‐419‐5‐123‐00 Engineering Group Ins Premium Disb $49,276 $56,772 $7,496 101‐419‐5‐421‐00 Engineering Insurance Premium Disb $8,028 $5,863 ‐$2,165 101‐431‐5‐123‐00 Street Group Ins Premium Disb $127,593 $105,505 ‐$22,088 101‐431‐5‐130‐00 Street Workers Comp Premium Disb $33,489 $29,870 ‐$3,619 Page 1 Budget Ordinance  xx‐11 Amendment #1 April 26, 2011 By Function Original Amended Difference Account Number Department Description Detail Budget Budget 101‐431‐5‐421‐00 Street Insurance Premium Disb $37,648 $33,081 ‐$4,567 101‐431‐5‐101‐04 Street Overttime COLA & PP $25,000 $50,000 $25,000 101‐431‐5‐422‐07 Street Contracting Services Contractors $55,000 $68,500 $13,500 101‐431‐5‐425‐04 Street Maintenance Eqp 2 Snowblower $14,500 $20,000 $5,500 101‐431‐5‐960‐00 Street Digouts & Repair 2010‐34th Ave overlay $420,000 $523,000 $103,000 101‐431‐5‐920‐00 Street Streetscape Benches/Tables/Sign $0 $39,000 $39,000 Public Works Expense $155,971 101‐451‐4‐446‐07 Recreation Reimbursement 2010 Friends/Baseball $9,000 $21,398 $12,398 101‐452‐4‐446‐10 Donations Signage/Moriarity Bench's on trail/Signage $3,000 $8,950 $5,950 101‐454‐4‐441‐09 Forestry Miscellaneous Reimb Exp‐BMU $15,000 $35,000 $20,000 Culture & Recreation Revenue $38,348 101‐451‐5‐101‐00 Recreation Regular Pay $206,934 $209,198 $2,264 101‐451‐5‐123‐00 Recreation Group Ins Premium Disb $34,300 $18,906 ‐$15,394 101‐451‐5‐130‐00 Recreation Workers Comp Premium Disb $24,244 $1,291 ‐$22,953 101‐451‐5‐421‐00 Recreation Insurance Premium Disb $12,968 $11,480 ‐$1,488 101‐452‐5‐101‐00 Parks Regular Pay $371,777 $398,442 $26,665 101‐452‐5‐123‐00 Parks Group Ins Premium Disb $89,648 $91,612 $1,964 101‐452‐5‐130‐00 Parks Workers Comp Premium Disb $20,090 $32,847 $12,757 101‐452‐5‐421‐00 Park Insurance Premium Disb $30,661 $24,246 ‐$6,415 101‐452‐5‐940‐00 Parks Other Cap Signage & Benches $77,416 $83,366 $5,950 101‐454‐5‐101‐00 Forestry Regular Pay $224,444 $234,970 $10,526 101‐454‐5‐123‐00 Forestry Group Ins Premium Disb $45,794 $34,664 ‐$11,130 101‐454‐5‐130‐00 Forestry Workers Comp Premium Disb $52,713 $57,053 $4,340 101‐454‐5‐421‐00 Forestry Insurance Premium Disb $4,689 $4,013 ‐$676 101‐454‐5‐426‐06 Forestry Horticulture Trees $10,000 $15,000 $5,000 101‐454‐5‐911‐00 Forestry Buildings Addn'l cost $50,000 $65,000 $15,000 101‐455‐5‐123‐00 Library Group Ins Premium Disb $79,432 $61,443 ‐$17,989 101‐455‐5‐130‐00 Library Workers Comp Premium Disb $1,577 $1,854 $277 101‐455‐5‐421‐00 Library Insurance Premium Disb $8,254 $7,048 ‐$1,206 Culture & Recreation Expense $7,492 Total General Fund Revenue $275,680 Total General Fund Expense $275,680 General Fund Transfer of Asset $1,546,783 212‐000‐4‐441‐08 25% Sales & Use Wildfire Reimb $0 $2,920 $2,920 25% Sales & Use Revenue $2,920 212‐000‐7‐899‐00 25% Sales & Use Transfer to GF 2010 Swat Vest $1,125,818 $1,146,418 $20,600 25% Sales & Use Expense & 10 Radio Tower $20,600 213‐000‐4‐441‐08 75% Sales & Use Grant Main Ave & Front St $0 $100,000 $100,000 75% Sales & Use Revenue $100,000 213‐000‐5‐856.67 75% Public Improve Wellness Center $0 $500,000 $500,000 213‐000‐5‐911‐01 75% Public Improve RR Crossings Main Ave & Front St $250,000 $522,000 $272,000 213‐000‐5‐940‐00 75% Public Improve Other Cap/25th Ave Build 25th Ave $800,000 $0 ‐$800,000 213‐000‐7‐899‐00 75% Public Improve Transfer to GF Fire Rge Bldg‐Antenna $470,000 $518,550 $48,550 213‐000‐7‐899‐00 75% Public Improve Transfer to Spl Assmnt 2010‐34th Ave overlay $0 $103,000 $103,000 213‐000‐7‐899‐03 75% Public Improve 10 bal CIP Swiftel Center $316,500 $325,523 $9,023 213‐000‐7‐899‐28 75% Public Improve Transfer to Edgebrook T1 & 7 boxes $62,000 $72,000 $10,000 213‐000‐7‐899‐29 75% Public Improve Transfer to Spl Assmnt S Sewer Main $500,000 $0 ‐$500,000 213‐000‐7‐899‐29 75% Public Improve Transfer to Spl Assmnt 25th Ave build $0 $800,000 $800,000 Page 2 Budget Ordinance  xx‐11 Amendment #1 April 26, 2011 By Function Original Amended Difference Account Number Department Description Detail Budget Budget 75% Public Improve $442,573 214‐000‐4‐334‐09 E‐911 Grant Computer‐Dispatch $0 $4,093 $4,093 E‐911 Revenue $4,093 214‐000‐5‐123‐00 E‐911 Group Ins Premium Disb $81,982 $62,422 ‐$19,560 214‐000‐5‐130‐00 E‐911 Workers Comp Premium Disb $876 $686 ‐$190 214‐000‐5‐940‐00 E‐911 Software Pictomerty $0 $3,355 $3,355 214‐000‐5‐950‐01 E‐911 Capital less $5,000 4 Computers $0 $4,093 $4,093 E‐911 Expense ‐$12,302 224‐000‐6‐700‐00 Transfer In GF Sales tax due audit $300,000 $317,845 $17,845 224‐000‐6‐700‐04 Transfer In 75% Capital 2010 bal forward $316,500 $325,523 $9,023 Swiftel Center Revenue $26,868 224‐000‐5‐429‐09 Swiftel Center General Operations Sales Tax Audit $451,287 $469,132 $17,845 224‐000‐5‐940‐01 Swiftel Center Capital 2010 bal forward $316,500 $325,523 $9,023 Swiftel Center Expense $26,868 278‐000‐6‐700‐00 Transfer In GF Transfer Land Foster Property $0 $1,546,783 $1,546,783 Industrial Land Development  Asset Transfer $1,546,783 278‐000‐5‐422‐03 Industrial Park Design 32nd Ave N Proj $0 $50,000 $50,000 278‐000‐5‐701‐00 Industrial Park Cost of land sold RE taxes $0 $361 $361 Industrial Land Development  $50,361 280‐000‐6‐700‐20 Special Assessment Transfer In S& U tax 25th Ave build $0 $800,000 $800,000 280‐000‐6‐700‐20 Special Assessment Transfer In S&U tax S Main Sewer $500 000 $0 ‐$500 000280‐000‐6‐700‐20 Special Assessment Transfer In S& U tax S Main Sewer $500,000 $0 ‐$500,000 Special Assessment Revenues $300,000 280‐000‐5‐960‐00 Special Assessment Design 20th Street South $0 $60,000 $60,000 280‐000‐5‐960‐00 Special Assessment Design n build Design n Build 25th $970,000 $1,050,000 $80,000 280‐000‐5‐960‐04 Special Assessment S Main Sewer $500,000 $0 ‐$500,000 Special Assessment Expenditures ‐$360,000 282‐000‐5‐123‐00 Storm Drainage Group Ins Premium Disb $7,697 $10,550 $2,853 282‐000‐5‐130‐00 Storm Drainage Workers Comp Premium Disb $2,435 $1,455 ‐$980 Storm Drainage Expense $1,873 514‐000‐5‐429‐10 Innovation Campus 2010 bal Storm Dr Sewer $0 $61,150 $61,150 514‐000‐5‐433‐01 Innovation Campus 2010 bal Street,curb,gutter $0 $141,691 $141,691 514‐000‐5‐450‐08 Innovation Campus 2010 bal Designing Fee $0 $855 $855 Innovation Campus Expenses $203,696 516‐000‐4‐653‐50 TIF#3 Valley View Addn Loan Proceeds $0 $47,393 $47,393 TIF#3 Valley View Addn Revenue $47,393 516‐000‐5‐429‐09 TIF#3 Valley View Addn Other Project Exp $0 $7,393 $7,393 516‐000‐5‐433‐01 TIF#3 Valley View Addn Project Construct $40,000 $40,000 TIF#3 Valley View Addn Expense $47,393 517‐000‐4‐653‐50 TIF#4 Sieler Addn Loan Proceeds $0 $22,000 $22,000 TIF#4 Sieler Addn Revenue $22,000 517‐000‐5‐429‐09 TIF#4 Sieler Addn Other Project Exp $0 $22,000 $22,000 TIF#4 Sieler Addn Expense $22,000 Page 3 Budget Ordinance  xx‐11 Amendment #1 April 26, 2011 By Function Original Amended Difference Account Number Department Description Detail Budget Budget 550‐000‐4‐334‐09 Bike Trail 2010 bal Grants $70,696 550‐000‐6‐700‐04 Bike Trail 2010 bal Transfer in $0 Bike Trail Revenues $70,696 550‐000‐5‐940‐00 Bike Trail 2010 bal Improvement $170,000 Bike Trail Expenses $170,000 606‐000‐5‐911‐00 Airport Bldgs from 2010 ARFF Building $800,000 $880,000 $80,000 Airport Expenses $80,000 607‐000‐6‐700‐09 75% Sales & Use Tax Transfer in 75% S&U Rebuild T1&7 $62,000 $72,000 $10,000 Edgebrook Revenues $10,000 607‐000‐5‐940‐00 Edgebrook Other Cap Reconstruct T‐1&7 $55,000 $65,000 $10,000 Edgebrook Expenses $10,000 625‐000‐4‐861.09 Landfill Misc Capital Reserve $300,000 $750,000 $450,000 625‐000‐4‐334‐09 Landfill Grants Tire Grant/DENR $0 $100,000 $100,000 625‐000‐4‐848‐03 Landfill Ticket Sales $1,930,000 $2,012,000 $82,000 Landfill Revenues $632,000 625‐000‐5‐930‐00 Landfill Equipment Crawler Loader $310,000 $802,000 $492,000 625‐000‐5‐422‐07 Landfill Contracting Services Waste Tires $25,000 $125,000 $100,000 625‐000‐5‐425‐04 Landfill Maintenance Eqp 973 track repair $60,000 $100,000 $40,000 Landfill Expenses $632,000 Page 4 City Council Packet May 10, 2011 97 Second Readings / Public Hearings 11. Ordinance No. 11-11: An Ordinance to change the Zoning within the City of Brookings (Foster): the NE ¼ of Section 19-T110N- R49W, excluding Lots H-4, H-5, the east 1620 feet, and the platted areas thereof be and the same is hereby rezoned and reclassified from an Agricultural A District to an Industrial I-1R District; and the east 1,620 feet of the NE ¼ of Section 19-T110N- R49W, excluding Lots H-4, H-5, and platted areas thereof be and the same is hereby rezoned and reclassified from an Agricultural A District to an Industrial I-1 District. Applicant: City of Brookings Proposal: Rezone 83 acres of farmland for industrial uses Background: This acreage was purchased by the city in April 2010 and annexed in August 2010. The land is still farmed at this time. There is a sanitary sewer line and water line in an easement where the last section of 32nd Avenue will be constructed in the future to connect two dead end streets. Specifics: There are several abutting zoning districts. The B-3 District on the north side was established in the late 1960s. Farm implement sales, contractors’ shops, and repair garages occupy this area. The B-5 Business Park District and Industrial I-1R District to the south are home to five smaller businesses. The B-4 District is city owned property. The I-1 zoning would permit “light” manufacturing and processing uses. The initial thought was that an I-1 District would be appropriate, but there are other permitted uses that could become quite intensive given the location. The I-1R District could be an option since the site plan regulations would require a higher level of design/review. A combination of the two districts is another option with 32nd Avenue as a zone boundary line. Recommendation: The Planning Commission voted 8 yes and 0 no to recommend rezoning the land into two industrial districts with an Industrial I-1R District between I-29 and the future 32nd Avenue, and an Industrial I-1 District between the future 32nd Avenue and 34th Avenue. City Manager Introduction Action: Open & Close Public Hearing, Motion to Approve, Roll Call City Council Packet May 10, 2011 98 Ordinance No. 11-11 An Ordinance to change the Zoning within the City of Brookings Be it ordained by the governing body of the City of Brookings, South Dakota, Section 1. That the real estate situated in the City of Brookings, County of Brookings, State of South Dakota, described as follows: The NE ¼ of Section 19-T110N-R49W, excluding Lots H-4, H-5, the east 1620 feet, and the platted areas thereof be and the same is hereby rezoned and reclassified from an Agricultural A District to an Industrial I-1R District; and The east 1620 feet of the NE ¼ of Section 19-T110N-R49W, excluding Lots H-4, H-5, and platted areas thereof be and the same is hereby rezoned and reclassified from an Agricultural A District to an Industrial I-1 District. In accordance with Section 94.7 of Article I of Ordinance 25-02 of the Code of Ordinances of Brookings, South Dakota, as said districts are more fully set forth and described in Articles III and IV of Ordinance No. 25-02 of the City of Brookings, South Dakota. Section 2. The 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: April 26, 2011 Second Reading and Adoption: May 10, 2011 Published: CITY OF BROOKINGS Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk City Council Packet May 10, 2011 99 NOTICE OF HEARING UPON PETITION TO REZONE NOTICE IS HEREBY GIVEN That the City of Brookings has submitted a petition to rezone the following described real estate in the City of Brookings, in Brookings County, South Dakota: The NE ¼ of Section 19-T110N-R49W, excluding Lots H-4, H-5, and the platted areas thereof from an Agricultural A District to an Industrial I-1 District. NOTICE IS FURTHER GIVEN That said request will be acted on by the City Planning Commission at 7:00 PM on Tuesday, April 5, 2011 in the Community Room in the lower level of City Hall, 311 3rd Avenue, 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. Dated this 25th day of March 2011. ____________________________ Dan Hanson Planning & Zoning Administrator City Council Packet May 10, 2011 100 Planning Commission Brookings, South Dakota April 5, 2011 OFFICIAL MINUTES Chairperson Al Heuton called the regular meeting of the City Planning Commission to order on April 5, 2011, at 7:00 PM in the Community Room at City Hall. Members present were Wayne Avery, Hal Bailey, Mike Cameron, Donna DeKraai, Greg Fargen, Alan Gregg, John Sydow, and Heuton. John Gustafson was absent. Others present were Community Development Director Mike Struck and Planning and Zoning Administrator Dan Hanson. Item #4 – The City of Brookings has submitted a petition to rezone the NE¼ of Section 19- T110N-R49W, excluding Lots H-4, H-5, and the platted areas thereof from an Agricultural A District to an Industrial I-1 District. (Fargen/Avery) Motion to approve the rezoning. Fargen/Gregg) Amendment to the motion to rezone the west 1,020 feet between I-29 and 32nd Avenue to an Industrial I-1R District with the remaining land rezoned to an I-1 Industrial District. All present voted aye. AMENDMENT CARRIED. The motion, as amended, was voted on. All present voted aye. MOTION CARRIED. SUMMARY OF DISCUSSION Item #4 – Hanson offered two options for zoning the acreage. One option would be to establish an I-1R District between I-29 and 32nd Avenue. This district required additional landscaping and building setbacks than the I-1. The city’s image would also be enhanced when viewed by interstate travelers. The second option would be to extend the I-1R District to the east side of the Midwest Microtek/Brookings Biotech lot. The Commission compared the setbacks of the two districts. The I-1 District had 20 foot setbacks on all sides while the I-1R had 60 feet front yard setbacks and 50 foot side and rear yard setbacks. The Commission felt the additional landscape regulations were important in this area and favored splitting the I-1R and I-1 Districts along 32nd Avenue. City Council Packet May 10, 2011 101 Sec. 94-136 INDUSTRIAL I-1 LIGHT DISTRICT (a) Intent. This district is intended to provide for a number of light manufacturing, light processing, warehousing and service uses. This district includes the supportive commercial uses for the industrial businesses. (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 Industrial I-1 Light District. (c) Permitted Uses. 1. Assembling and packaging 2. Freight handling 3. Manufacturing, light 4. Storage and warehousing 5. Processing, light 6. Parking facility or lot 7. Office 8. Truck stop 9. Automobile service station 10. Public utility facility 11. Reverse vending machine 12. Contractors shop and storage yard 13. Motor vehicle repair shop 14. Semi-trailer storage 15. Farm Implement Sales 16. Telecommunications Tower (d) Permitted Special Uses. A building or premises may be used for the following purposes in conformance with conditions prescribed herein: 1. Day care facility a. A four-foot (4') high transparent fence shall be constructed between the play area and the street. b. An off-street pick-up and drop-off area shall be provided. 2. Light processing facility for recyclables a. All storage and processing areas shall have perimeter fencing on all sides. 3. Buy back center for recyclables a. A list of the types of recyclable material to be collected shall be approved prior to the issuance of any permit 4. Citizens drop-off facility for recyclables a. Containers or bins shall be provided for all waste material. b. No container shall be located within 100 feet of a residential district. 5. Household hazardous waste site a. Such uses shall be within a completely enclosed building. b. The applicant shall comply with the provisions of all applicable laws and ordinances. 6. Transfer site for recyclables City Council Packet May 10, 2011 102 a. All storage areas shall have perimeter fencing on all sides. b. A list of the types of recyclable material to be collected shall be approved prior to the issuance of any permit. 7. Automobile storage yard a. Impound area shall be surfaced with gravel, asphalt or concrete. (e) Conditional Uses. 1. 1 Kennel 2. Broadcast Tower 3. Outdoor Sales 4. Concrete Plant (f) Density, Area, Yard and Height Regulations. The I-1 district regulations shall be as follows: Min. Min. Min. Min. Min. Max. Lot Lot Front Side Rear Height Density Area Width Yard Yard Yard Sq.Ft. Sq.Ft. All Uses 20' 20'* 20'* 50' *A fifty foot (50') landscaped area shall be required between an abutting residential district boundary line and any structure, access drive, parking lot or other accessory use. (g) Accessory Uses. Accessory uses and building permitted in the I-1 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 I-1 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 I-1 District shall be in conformance with the regulations set forth in division 5 of article VI of this chapter (g) Other Regulations. Development within the I-1 District shall be in conformance with the regulations set forth in article II of this chapter City Council Packet May 10, 2011 103 DIVISION 2. OVERLAY DISTRICTS Sec. 94-161. INDUSTRIAL I-1R RESTRICTED DISTRICT (a) Intent. This district is intended to provide for aesthetically designed industrial areas primarily near and adjacent to major arterials. Design standards regulating storage, vehicular movement, parking, location of buildings, landscaping, access drives and signage will insure compatibility with surrounding uses. (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 Industrial I-1R Restricted District. (c) Permitted Uses. 1. Assembling and packaging 2. Freight handling 3. Manufacturing, light 4. Storage and warehousing 5. Processing, light 6. Parking facility or lot 7. Office 8. Truck stop 9. Automobile service station 10. Public utility facility 11. Reverse vending machine 12. Telecommunications Tower (d) Permitted Special Uses. A building or premises may be used for the following purposes in conformance with conditions prescribed herein: 1. Day care facility a. A four-foot (4') high transparent fence shall be constructed between the play area and the street. b. An off-street pick-up and drop-off area shall be provided. (e) Conditional Uses. None (f) Density, Area, Yard and Height Regulations. (1) The I-1R district regulations shall be as follows: Min. Min. Min. Min. Min. Max. Lot Lot Front Side Rear Height Lot Area Width Yard Yard Yard Coverage Sq.Ft. All Uses 35%* - 60”*** 50'** 50'** 50' *Buildings used solely for storage and/or warehousing operations may occupy no more than 50% of the area of the lot. City Council Packet May 10, 2011 104 **A one hundred foot (100') landscaped area shall be required between an abutting residential district boundary line and any structure, access drive, parking lot or other accessory use. ***The yard area abutting Interstate 29 shall be considered a rear yard. (g) Accessory Uses. Accessory uses and building permitted in the I-1R 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 I-1R 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 I-1R 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 I-1R District shall be in conformance with the regulations set forth in article II of this chapter. (k) Site Plan Requirement. (1) All proposed uses within the I-1R industrial district shall be accompanied by a site plan. The plan must conform to the following regulations and be approved by the Planning Commission and City Commission before a building and use permit is issued. The following data is required: a) The size and location of all buildings, structures, walls or other architectural features. b) The location and number of on-premise parking spaces and all internal access drives and vehicular circulation routes. c) The location and width of all ingress and egress points. d) The location of all off-street loading docks. e) The character, type and extent of landscape development. f) The location and size of unenclosed, screened areas for storage of raw materials and finished goods. g) The location, height and facing of all signs. h) The location of public sidewalks. (2) Additional site plan regulations are as follows: a) All parking areas, access drives, vehicular circulation routes, loading and unloading areas shall be hard surfaced. b) Freight loading and unloading shall face a side or rear yard. c) Outdoor storage of raw materials and finished goods shall be screened with approved fencing or landscaping so that it cannot be viewed from adjacent properties or any right- of-way. d) Landscaped areas shall be developed in the front fifty feet (50') of a front yard and twenty-five feet (25') of a side or rear yard. Landscaped areas shall include shrubbery or trees. A minimum of ten (10) trees per acre shall be required based on the total acreage of the site. The requirements of Section 94-399 are also applicable and constitute additional site plan requirements. City Council Packet May 10, 2011 107 Second Readings / Public Hearings 12. TABLED AMENDMENT: 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 & Action: 4/5/11 – Failed Reconsideration of Action, Motion to Amend, Action to Table: 4/26/11 Action: Motion to remove amendment to Ordinance No. 08-11 from table, roll call Action on amendment: rezone the south 66’ to a Class Residence R-3A District and leave the north 50’ as a Class Industrial I-1District. 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 May 10, 2011 108 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, 2011 Second Reading and Adoption April 5, 2011 FAILED Reconsideration April 26, 2011 TABLED Published CITY OF BROOKINGS Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk City Council Packet May 10, 2011 113 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 May 10, 2011 114 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 May 10, 2011 115 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 May 10, 2011 119 Second Reading / Public Hearing 13. Public hearing and action on Temporary Liquor License for the Fireman’s Dance on July 30th to be located in the 300 block of Main Avenue. City Council action is required to approve a temporary liquor license to the Brookings Firemen’s Association for the Annual Firemen’s Dance on July 30, 2011. The 300 block of Main Avenue would be closed off for the event. All required documents have been filed with the City pertaining to insurance and other licensing requirements. Public Hearing Sale of Alcoholic Beverages NOTICE IS HEREBY GIVEN that the Brookings City Council, Brookings, South Dakota, will hold a public hearing at 6:00 p.m., Tuesday, May 10, 2011, in City Hall, 311 Third Avenue, to consider an application for a temporary liquor license to operate within the City of Brookings, South Dakota for the Brookings Volunteer Firefighter’s Association Annual Fireman’s Dance on July 30, 2011 in the 300 block of Main Avenue. At which time and place all persons interested will be given a full, fair and complete hearing thereon. Dated at Brookings, South Dakota, this 28th day of April 2011 Shari Thornes, City Clerk City Manager Introduction Action: Open & Close Public Hearing, Motion to Approve, Roll Call City Council Packet May 10, 2011 120 Second Reading / Public Hearing 14. Public hearing and action on Temporary Liquor License requests for The Swiftel Center for events on: June 4, 11 (2), 17, and 20, 2011. The Swiftel Center has applied for a temporary liquor licenses for the following events: 6/4 Wedding Reception 6/11 Wedding Reception 6/11 SDSU Banquet 6/17 Wedding Reception 6/20 Minor County 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 May 10, 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: 6/4, 6/11 (2), 6/17, 6/20/2011. 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 29th day of April, 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 May 10, 2011 121 Other Business 15. Business Improvement District. To: Mayor and City Council Jeff Weldon, City Manager From: Mike Struck, Community Development Director Re: Hotel Occupational Tax Staff completed research on implementing an occupational tax on hotel/motel rooms. Seven other Class A municipalities have implemented the occupational tax on hotel rooms. The cities are: Aberdeen, Brandon, Mitchell, Rapid City, Sioux Falls, Spearfish, and Watertown. The basis for implementing the occupational tax is found in South Dakota Codified Law 9-55 Business Improvement Districts. The City of Brookings is considering implementation of the hotel occupational tax to assist in funding improvements that generally benefit transient guests. The hotel occupational tax is a flat fee charged on transient guests on a per room per night basis. Exceptions to the occupational tax are allowed for complimentary rooms or extended stays of 28 consecutive days or more. The occupational tax is an amount to be determined by the City Council, but may not exceed two dollars ($2.00) per occupied room per night. The occupational tax is paid directly to the City on a monthly basis. Revenue from the hotel occupational tax can be utilized to fund improvements consistent with SDCL 9-55-3. Enclosed is a brief outline of the steps to create a business improvement district as well as SDCL 9-55 Business Improvement Districts. A) The first step in creating a business improvement district is to designate the boundaries. Staff recommends the Business Improvement District #1 Boundary consists of a non- contiguous area of the City of Brookings including all hotels/motels with twenty-five (25) or more rooms. The hotel occupational tax will be fair and equitable amongst the existing hotels/motels, with the fee being applied on occupied rooms per night. Staff recommends approval of Resolution No. 58-11, a Resolution Designating Boundaries for Business Improvement District #1. B) The second step in the process is establishing a business improvement district board, which shall make recommendations to the City Council for the establishment of a plan or plans for improvements in the business area. The board may make recommendations to the municipality as to the use of any revenue collected from the hotel occupational tax. The board members are appointed by the Mayor with consent of the City Council. Staff recommends approval of Resolution No. 59-11, a Resolution Establishing Business Improvement District #1 Board . City Council Packet May 10, 2011 122 15 A. Action on Resolution No. 58-11, a Resolution Designating Boundaries for Business Improvement District #1. Resolution No. 58-11 Resolution Designating Boundaries for Business Improvement District #1 Whereas, the City Council of the City of Brookings, South Dakota considers it appropriate that a plan be developed for the improvement of public facilities and activities in certain areas of the municipality, and Whereas, one method of providing for the plan is the creation of a Business Improvement District, and Whereas, the boundaries of a proposed Business Improvement District must be established before a district can be created, and Whereas, the method of raising revenue shall be fair and equitable, Now, Therefore, Be It Resolved by the City Council of the City of Brookings, South Dakota that: 1. The boundaries of a proposed Business Improvement District #1 are hereby established as non-contiguous properties to include all hotels/motels with 25 or more rooms situated within the corporate limits of the city of Brookings. Passed and approved this 10th day of May, 2011. City of Brookings, SD Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk City Manager Introduction Action: Motion to Approve, Request Public Comment, Roll Call City Council Packet May 10, 2011 123 15 B. Action on Resolution No. 59-11, a Resolution Establishing Business Improvement District #1 Board. Resolution No. 59-11 Resolution Establishing Business Improvement District #1 Board Whereas, the City Council of the City of Brookings, South Dakota considers it appropriate that a plan be developed for the improvement of public facilities and activities in certain areas of the municipality, and Whereas, one method of providing for the plan is the creation of a Business Improvement District, and Whereas, a Business Improvement District Board shall make recommendations to the City Council for the establishment of a plan or plans for improvements within the district, and Whereas, the method of raising revenue shall be fair and equitable, Now, Therefore, Be It Resolved by the City Council of the City of Brookings, South Dakota that: 1. There is hereby created a Business Improvement District Board which shall have the powers established in SDCL 9-55-5 and 9-55-6. The Board shall be appointed by the Mayor with the approval of the City Council. 2. The Board shall consist of five (5) members. The term of office shall be three years, except at time of establishment, in which, two members shall serve for a one year term, two members for a two year term and one member for a three year term. Passed and approved this 10th day of May, 2011. City of Brookings, SD Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk City Manager Introduction Action: Motion to Approve, Request Public Comment, Roll Call City Council Packet May 10, 2011 124 STEPS FOR CREATING A BUSINESS IMPROVEMENT DISTRICT (Date) City Council adopts resolution designating boundaries of business improvement district. SDCL 9-55-4 &9-55-5. (Resolution Designating Boundaries of District) City Council adopts resolution establishing a business improvement district board of directors. SDCL 9-55-5 & 9-55-6. (Resolution Establishing Business Improvement Board) Mayor with approval of City Council appoints business improvement district board of directors. SDCL 9-55-5. Board of Directors recommends plan for improvements in the district to City Council. SDCL 9-55-5. City Council adopts resolution of intent to create business improvement district. SDCL 9-55-7. (Resolution of Intent to Establish BID) Notice of Hearing is mailed 30 days prior to the hearing to each owner of taxable property for the proposed district as well as to the occupant of the property along with a copy of the resolution of intent to create the business improvement district. SDCL 9-55-8. Public Hearing and adoption of ordinance establishing the business improvement district. SDCL 9-55-10 – 9-55-12. (Brookings Business Improvement District Ord) Publish Notice of Adoption of Ordinance Effective Date of Ordinance City Council Packet May 10, 2011 125 Business Improvement Districts 9-55-1. Definition of terms. Terms as used in this chapter mean: (1) "Assessable unit," the front foot, square foot, equivalent front foot, or other unit of assessment established under the proposed method of assessment set forth in the resolution of intent to create a business improvement district; (2) "Occupation tax," a fee imposed on any person with an established place of business within the district for the privilege of doing business; (3) "Record owner," the fee owner of real property as shown in the records of the office of the register of deeds in the county in which the business area is located. A contract purchaser of real property is the record owner for the purpose of this chapter and the only person entitled to petition pursuant to § 9-55-9 or protest pursuant to § 9-55-10; and (4) "Space," the square foot space wherein customers, patients, clients, or other invitees are received and space from time to time used or available for use in connection with a business or profession of a user, except all space owned or used by political subdivisions. 9-55-2. Imposition of special assessment or general business license and occupation tax. Any municipality may impose a special assessment upon the property within a business improvement district in the municipality or a general business license and occupation tax on businesses and users of space within a business improvement district or both. 9-55-3. Uses to which generated funds may be put. Any money generated pursuant to § 9-55-2 may be used for any one or more of the following purposes: (1) The acquisition, construction, maintenance, and operation of public off-street parking facilities for the benefit of the district area; (2) Improvement of any public place or facility in the district area, including landscaping and plantings; (3) Construction or installation of convention or event centers, pedestrian shopping malls or plazas, sidewalks, including moving sidewalks, parks, meeting and display facilities, bus stop shelters, lighting, benches or other seating furniture, sculptures, trash receptacles, shelters, fountains, skywalks, and pedestrian and vehicular overpasses and underpasses or any useful or necessary public improvement; (4) Leasing, acquiring, constructing, reconstructing, extending, maintaining, or repairing parking lots or parking garages, both above and below ground, or other facilities for the parking of vehicles, including the power to install such facilities in public areas, whether such areas are owned in fee or by easement, in the district area; (5) Creation and implementation of a plan for improving the general architectural design of public areas in the district area; (6) The development of any activities and promotion of the district area; (7) Maintenance, repair, and reconstruction of any improvements or facilities authorized by this chapter; (8) Any other project or undertaking for the betterment of the facilities in the district area, whether the project is capital or noncapital in nature; (9) Enforcement of parking regulations within the district area; and City Council Packet May 10, 2011 126 (10) Employing or contracting for personnel, including administrators for any improvement or promotional program under this chapter, and providing for any service necessary or proper to carry out the purposes of this chapter. 9-55-4. Creation of business improvement district--Established business area. A business improvement district may only be created as provided by this chapter and shall be within the boundaries of an established business area of the municipality zoned for business, public, or commercial purposes. For the purposes of this chapter, an established business area, may also include noncontiguous property within the incorporated municipality that has a common zoning designation. Any business improvement district that includes noncontiguous property pursuant to this section, may by resolution of the governing body, add qualifying property to the business improvement district. 9-55-5. Appointment of business improvement board--Designation of boundaries of district-- Duties of board--Proposal of more than one district as part of same development plan. The mayor shall, with the approval of the governing body, appoint a business improvement board consisting of property owners, residents, business operators or users of space within the business area to be improved. The governing body shall, by resolution, designate the boundaries of the business area prior to the time of the appointment of the board. The board shall make recommendations to the governing body for the establishment of a plan or plans for improvements in the business area. If the improvements to be included in one business area offer benefits that cannot be equitably assessed together under this chapter, more than one business improvement district as part of the same development plan for that business area may be proposed. The board may make recommendations to the municipality as to the use of any revenue collected pursuant to § 9-55-2. 9-55-6. Composition of board--Vacancies--Terms--Officers. The board shall consist of no less than five members to serve such terms as the governing body, by resolution, determines. The mayor, with the approval of the governing body, shall fill any vacancy for the remainder of the term vacated. A member of such board may serve more than one term. The board shall select from its members a chairperson and a secretary. 9-55-7. Creation of districts by resolution of intent--Contents--Basis of occupation tax or special assessment. Upon receiving a recommendation from the business improvement board, the governing body may create one or more business improvement districts by adopting a resolution of intent to establish a district or districts. The resolution shall contain the following information: (1) A description of the boundaries of any proposed district; (2) The time and place of a hearing to be held by the governing body to consider establishment of a district or districts; (3) The proposed public facilities and improvements to be made or maintained within any such district; and (4) The proposed or estimated costs for improvements, facilities and activities within any district, and the method by which the revenue shall be raised. If a special assessment is proposed, the resolution also shall state the proposed method of assessment. City Council Packet May 10, 2011 127 The notice of intent shall recite that the method of raising revenue shall be fair and equitable. In the use of a general occupation tax, the tax shall be based primarily on the square footage of the owner's and user's place of business or based on rooms rented by any lodging establishment to transient guests as defined in § 10-45-7. If the occupational tax is based on rooms rented by a lodging establishment, the tax shall be imposed on the transient guest and such tax may not exceed two dollars per occupied room per night. However, no occupational tax may be imposed on any transient guest who has been offered a room by a lodging establishment on a complimentary basis and no fee or rent was charged for such room. In the use of a special assessment, the assessment shall be based upon the special benefit to the property within the district. 9-55-8. Notice of hearing. A notice of a hearing required under subdivision 9-55-7(2) shall be given by mailing a complete copy of the resolution of intent to each owner of taxable property as shown on the property tax roll for the proposed district. If an occupation tax is to be imposed, a copy of the resolution of intent shall also be mailed to the occupant of each address located in the proposed district. Mailing shall be completed at least thirty days prior to the time of hearing. 9-55-9. Petition for hearing. The owners of a majority of the assessable front footage in a business area or the users of a majority of space in a business area may, by petition, direct the governing body to hold a hearing to create a district pursuant to this chapter. 9-55-10. Duties of governing body at hearing--Termination of hearing--Issuance of bonds for convention center from proceeds of general occupational tax. If a hearing is held under subdivision 9-55-7(2), the governing body shall: (1) Hear all protests and receive evidence for or against the proposed action; (2) Rule upon all written protests received prior to the close of the hearing, which ruling shall be final; and (3) Continue the hearing from time to time as the governing body deems necessary. If a special assessment is to be used, the proceedings shall terminate if written protest is made prior to the close of the hearing by the owners of a majority of the assessable front footage in the proposed district. If an occupation tax is to be used, the proceedings shall terminate if protest is made by the users of a majority of the space in the proposed district. If the general occupational tax is based upon rented hotel and motel rooms pursuant to § 9-55-7, the proceedings shall terminate if written protest is made prior to the close of the hearing by the owners of a majority of the hotels and motels in the proposed district. Any bonds for the construction of a convention facility that are payable from the proceeds of the hotel and motel room general occupational tax may only be issued and sold if at least two- thirds of the hotel and motel owners in the proposed district approve in writing of the issuance and sale of the bonds. 9-55-11. Procedure for change of boundaries. If the governing body decides to change the boundaries of a proposed district, the hearing shall be continued to a time at least thirty days after such decision and the notice shall be given as prescribed in § 9-55-8, showing the City Council Packet May 10, 2011 128 boundary amendments. However, no new or additional resolution of intent is required for a proposed change in the boundary of a district. 9-55-12. Establishment or rejection of districts--Adoption of ordinance establishing district-- Contents. The governing body, following a hearing held pursuant to subdivision 9-55-7(2), may establish or reject any proposed district or districts. If the governing body decides to establish a district, it shall adopt an ordinance to that effect. The ordinance shall contain the following information: (1) The number of the resolution of intent and the date it was adopted; (2) The time and place of the hearing that was held on the formation of such district; (3) A statement that a business improvement district has been established pursuant to the provisions of this chapter; (4) The purposes of the district and the public improvements and facilities to be included in such district; (5) The description of the boundaries of such district; (6) A statement that the businesses and professions in the district shall be subject to the general business occupation tax or that the real property in the area will be subject to the special assessment authorized by § 9-55-2; (7) The proposed method of assessment to be imposed on the property within the district or the initial rate of the occupation tax to be imposed on the business users of the space in the district; and (8) Any penalties to be imposed for failure to pay the occupation tax. 9-55-13. Special assessment against real property located in district--Procedure. A municipality may levy a special assessment against the real property located in a district, to the extent of the special benefit on such property, for the purpose of paying all or any part of the total costs and expenses of any project authorized by this chapter, within the district. The amount of each special assessment shall be determined by the governing body. Assessments shall be levied in accordance with the method of assessment proposed in the ordinance creating the district. If the governing body finds that the proposed method of assessment does not provide a fair and equitable method of apportioning costs, then the governing body may assess the costs under a method the governing body finds to be fair and equitable. Notice of a hearing on any special assessments to be levied under this chapter shall be given to the landowners in the district by publication of the description of the land, the amount proposed to be assessed, and the general purpose for which the assessment is to be made, once a week for two weeks in a daily or weekly newspaper of general circulation published in the municipality. The notice shall be published at least thirty days prior to the hearing and shall provide the date, time, and place of the hearing to hear any objections or protests by landowners in the district as to the amount of assessment made against their property. All special assessments levied under this chapter constitute liens on the property and shall be certified for collection and collected in the same manner as other special assessments. 9-55-14. Levy of general business occupation tax in addition to or in place of special assessments. In addition to or in place of a special assessment, a municipality may levy a general business occupation tax upon the businesses and users of space within a district established for acquiring, constructing, maintaining, or operating public off-street parking facilities and providing City Council Packet May 10, 2011 129 in connection therewith other public improvements, facilities and activities authorized by this chapter, for the purpose of paying all or any part of the total cost and expenses of any authorized improvement, facility or activity within such district. Notice of a hearing on any such tax shall be given to the businesses and users of space of such districts in the same manner as provided in § 9-55-13. 9-55-15. Procedure for implementation of tax. For the purposes of implementing the tax imposed under § 9-55-14, the governing body may make a reasonable classification of businesses or users of space in a district. The collection of the tax imposed pursuant to § 9-55- 14, shall be made and enforced in such a manner as the governing body shall by resolution determine. The governing body may by resolution provide that failure to pay such tax shall constitute a violation of the resolution and shall subject the violator to a fine or other punishment as provided in such resolution. 9-55-16. Reassessment or changes in rate of levy of special assessment or occupation tax-- Procedure. If, subsequent to the levy of an occupation tax or a special assessment, the use of any parcel of land shall change so that, had the new use existed at the time of making such levy, the assessment or levy on such property would have been higher than the levy or assessment actually made, an additional assessment or levy may be made on such property by the governing body. The governing body shall take into consideration the new and changed use of such property. Reassessments or changes in the rate of levy of special assessments or occupation taxes may be made by the governing body after notice and hearing as provided in § 9-55-13. The governing body shall adopt a resolution of intent to change the assessment or rate of levy at least thirty days prior to the hearing on such change. Such resolution shall specify the proposed change and shall give the time and place of the hearing. 9-55-17. Limitations on amount of assessments or taxes. The total amount of special assessments or general business occupation taxes levied under this chapter may not exceed the total costs and expenses of the projects authorized in the resolution of intent for such district. The levy of any additional special assessment or occupation tax may not reduce or affect in any manner the assessments previously levied. The special assessments or occupation taxes levied shall be for the purposes specified in the resolution of intent for each district and the proceeds may not be used for any other purpose. 9-55-18. Purpose of taxation or assessment by municipality--Limitations on taxation and assessment--Method of taxation or assessment. A municipality may levy a general business occupation tax, or a special assessment against the real property located in a district to the extent of the special benefit to such property, for the purpose of paying all or any part of the cost of maintenance, repair and reconstruction, including utility costs, of any improvement or facility in the district. Districts created for taxation or assessment of maintenance, repair and reconstruction costs, including utility costs, of improvements or facilities which are authorized by this chapter but which were not acquired or constructed pursuant to this chapter, may be taxed or assessed as provided in this chapter. Any occupation tax levied under this chapter shall be limited to those improvements and facilities authorized by this chapter. The governing body may levy such occupation taxes or special assessments under either of the following methods: City Council Packet May 10, 2011 130 (1) The governing body may not more frequently than annually, determine the costs of maintenance, repair and reconstruction of a facility. Such costs shall be either assessed to the real property located in such district in accordance with the proposed method of assessment, or taxed against the businesses and users of space in the district, whichever may be applicable as determined by the resolution creating the district. However, if the governing body finds that the method of assessment proposed in the resolution creating the district does not provide a fair and equitable method of apportioning such costs, then it may assess the costs under such method as the governing body finds to be fair and equitable. At the hearing on such taxes or assessments, objections may be made to the total cost and the proposed allocation of such costs among the parcels of real property or businesses in such district; or (2) After notice is given to the owners or businesses as provided in this chapter, the governing body may establish and may from time to time change the percentage of such costs for maintenance, repair and reconstruction which each parcel of real property or each business or user of space in any district shall pay. The governing body shall annually determine the total amount of such costs for each period since costs were last taxed or assessed, and shall, after a hearing, tax or assess such costs to the real property in the district in accordance with the percentages previously established at such hearing. Notice of such hearing shall be given as provided in § 9-55-13 and shall state the total costs and percentage to be taxed or assessed to each parcel of real property. Unless objections are filed with the finance officer at least five days before such hearing, all objections to the amount of total costs and the assessments shall be levied as stated in such notice. However, the governing body may reduce any assessment percentage. 9-55-18.1. Issuance and sale of bonds--Permissible uses of proceeds--Business improvement district to remain in effect. Any municipality which has created a business improvement district as provided by this chapter, and which has levied special assessments or general business occupation taxes, or both, may issue and sell bonds payable from the special assessments, business occupation taxes, or both, as provided in this section and chapter 6-8B if the owners of a majority of the assessable front footage in the district or the users of a majority of the space in the district petition the municipality to issue such bonds. Unless the bonds are to be general obligations which pledge the full faith and credit of the municipality, no election is required for the issuance of the bonds. The proceeds of the bonds shall be used only for the purposes for which the collections of the special assessments or general business occupation taxes from which the bonds are payable may be used under the provisions of this chapter, to fund a debt service reserve for bonds which are not general obligations of the municipality, to pay the interest estimated to accrue on the bonds until the first collections of the special assessments or general business improvement taxes and to pay the costs of issuance of the bonds. The governing body shall, in the resolution or ordinance authorizing the issuance of the bonds, agree that it shall keep the business improvement district in effect, shall continue to impose and collect the special assessments and general business occupation taxes so long as the bonds are outstanding, and shall pledge so much of the collections of the special assessments and general business occupation taxes as may be necessary to pay the principal of, premium, if City Council Packet May 10, 2011 131 any, and interest on the bonds, and to maintain any debt service reserve established for the bonds. The municipality may also pledge any part of the collections of special assessments or general business improvement taxes, in excess of those pledged to the payment of bonds issued under this section, to the payment of utility revenue bonds issued under chapter 9-40 or tax incremental revenue bonds issued under chapters 11-8 and 11-9, but only if the proceeds of the utility revenue bonds or tax incremental revenue bonds are used to finance improvements located, in whole or in part, in the business improvement district. 9-55-19. Procedure for abolishment of district. The governing body may, by ordinance, abolish a district after a hearing thereon. The governing body shall adopt a resolution of intent to abolish the area at least thirty days prior to the hearing required by this section. The resolution shall give the time and place of the hearing. Notice of the hearing shall be given as provided in § 9-55-13. 9-55-20. Disposition of proceeds of tax or assessment upon abolishment. Upon abolishment of a district, any proceeds of the occupation tax or the special assessment, or assets acquired with such proceeds, are subject to disposition as the governing body shall determine. 9-55-21. Use of donated funds or grants. The municipality may receive, administer, and disburse donated funds or grants for the purposes of and in the manner authorized by this chapter. 9-55-22. Dissolution of district imposing occupational tax on rooms rented. If a district has imposed an occupation tax based on rooms rented and the occupational tax revenue was used only for the promotion of the district, a majority of the landowners may dissolve the district established pursuant to § 9-55-7 by submitting a petition to the governing body requesting the district to be dissolved. On and after the date the petition is filed with the governing body, the district may not enter into any new obligations or contracts. Notwithstanding the other provisions of this chapter, the governing body, upon receiving the petition and verifying that a majority of the landowners have signed the petition, shall by resolution dissolve the district. However, the governing body may not dissolve the district until there are sufficient funds available to extinguish all of the debts and obligations of the district. The governing body shall administer any remaining affairs and issues concerning the dissolved district. City Council Packet May 10, 2011 132 Other Business 16. Action on Resolution No. 60-11, a Resolution Requesting Special Legislation Authorizing the Taxation Authority for an Additional One Cent Sales Tax and Use Tax for the City of Brookings to be Dedicated to South Dakota State University. TO: Mayor Tim Reed, Council Members, Jeff Weldon, City Manager, and Shari Thornes, City Clerk FROM: Steven J. Britzman, City Attorney Date: May 4, 2011 RE: Proposed Sales Tax legislation in support of SDSU Provided with this memo is a proposed Sales Tax Bill, based on the 2010 Sioux Falls proposed legislation, to provide support for SDSU. The purpose as set forth in the proposed legislation includes economic development projects, transfers to SDSU and the State of South Dakota for public purposes, and for capital improvements. Since the proposed legislation calls for a new section in the Sales Tax Chapter, the second section of the proposed legislation is necessary so that sales tax revenue bonds may be issued for not only the first 2%, but also for this additional 1% sales tax. City Manager Introduction Action: Motion to Approve, Request Public Comment, Roll Call City Council Packet May 10, 2011 133 Resolution No. 60-11 A Resolution Requesting Special Legislation Authorizing the Taxation Authority for an Additional One Percent Sales and Use Tax for the City of Brookings to be used for support of South Dakota State University, for capital improvements and other economic development purposes Whereas, South Dakota State University is the largest, single generator of economic development in the City of Brookings, and Whereas, the State of South Dakota has imposed budget reductions on SDSU in a partial effort to eliminate the State’s budgetary shortfall in the amount of $3.825 million, and Whereas, the City of Brookings has a long and aggressive record of promoting, retaining, and assisting entities, organizations, and businesses in the interest of economic development and growth, and Whereas, the replacement of lost state funding is vital to continued growth and development of SDSU and the City of Brookings, Now, Therefore, Be it Resolved by the City Council of the City of Brookings, that the City of Brookings requests the legislative delegation of District 7 to introduce legislation in the 2012 legislative session authorizing the City of Brookings to impose an additional one percent sales tax pursuant to SDCL Chapter 10-52 so that such funds would be available to support South Dakota State University for authorized purposes; and that at such time as $3.825 million has been generated, the sales tax authorization shall expire. Be It Further Resolved that such taxing authority shall be subject to a referendum by electors of the municipality. Passed and Adopted by the City Council on the 10th day of May, 2011. City of Brookings, SD Attest: Tim Reed, Mayor Shari Thornes, City Clerk City Council Packet May 10, 2011 134 EIGHTY-SEVENTH SESSION LEGISLATIVE ASSEMBLY, 2012 960R0150 HOUSE BILL NO. ____ Introduced by:______________________________________ FOR AN ACT ENTITLED, An Act to allow municipalities to impose an additional penny sales and use tax for a limited period of time for a specified use. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: Section 1. That chapter 10-52 be amended by adding thereto a NEW SECTION to read as follows: In addition to the tax imposed by § 10-52-2, any incorporated municipality may impose an additional non-ad valorem tax in accordance with the provisions of this chapter, except upon fuel used for motor vehicles, by ordinance enacted by its local governing board. However, no tax may be levied on the sale, use, storage and consumption of items taxed under chapters 10- 45 and 10-46, unless such tax conforms in all respects to the state tax on such items with the exception of the rate, and the rate levied pursuant to this section does not exceed one percent. The governing board shall specify in the ordinance the proposed use for the tax. The use specified in the ordinance shall be for any economic development purpose set forth in SDCL 9- 54-1, for public purposes as provided in SDCL 6-5-5, and for capital expenditures or refunds not provided for under the existing sources of revenue or budget. The term, capital expenditures, includes land acquisition, professional fees, construction costs, and other fixed assets for the project, facility, municipal utilities, streets, or structure. A portion of the tax revenue collected pursuant to this section may be refunded to the citizens of the municipality pursuant to a methodology specified in the ordinance. The governing board shall specify in the ordinance the year or number of years the tax will be applied and the date the tax will end. If sufficient tax revenue is collected or projected to be collected to pay for the capital expenditures prior to the end date specified in the ordinance, the tax shall be repealed at such date in accordance with § 10-52-9. No tax levied pursuant to this section may be extended or renewed, unless the governing body adopts a new ordinance and receives approval from the voters. Any ordinance adopted pursuant to this section shall be referred to a vote of the people for its approval or disapproval. Section 2. That § 10-52-2.10 be amended to read as follows: 10-52-2.10. Any incorporated municipality imposing a non-ad valorem tax in accordance with § 10-52-2 this chapter may issue municipal non-ad valorem tax revenue bonds pursuant to this section and chapter 6-8B in anticipation of the collection of the taxes. The bonds shall be City Council Packet May 10, 2011 135 payable solely from the collections of the taxes imposed by the municipality under § 10-52-2 this chapter, as determined by the governing body. The governing body shall, in the resolution or ordinance authorizing the bonds, agree that it will continue to impose and collect the taxes so long as the bonds are outstanding. The governing body shall also pledge so much of the collections of the taxes as may be necessary to pay the principal premium and interest on the bonds and to maintain any debt service reserve established for the bonds. For bonds issued prior to January 1, 2004, the proceeds of the bonds may be used for land acquisition, the funding of public ambulances and medical emergency response vehicles, public hospitals or nonprofit hospitals with fifty or fewer licensed beds and other public health care facilities or nonprofit health care facilities with fifty or fewer licensed beds, capital asset acquisition and capital improvements, to establish a debt service reserve fund for the bonds and to pay not more than one year's capitalized interest on the bonds. No election is required to authorize the issuance of municipal non-ad valorem tax revenue bonds. The bonds shall be issued and sold as provided in chapter 6-8B. City Council Packet May 10, 2011 136 Other Business 17. Action to appoint the Deputy Mayor. The City Charter requires the City Council annually appoint a Deputy Mayor. The Deputy Mayor‘s duties are to conduct City Council meetings in the absence of the Mayor and to conduct ceremonial duties when the Mayor is not available. This is a one-year term ending June 1, 2012. A nomination from the floor would be appropriate. City Manager Introduction Action: Motion to Approve, Request Public Comment, Roll Call City Council Packet May 10, 2011 137 18. Adjourn.