HomeMy WebLinkAbout2011_05_24 CC PKT1
Brookings City Council
Tuesday, May 24, 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. Review of Procedures for Code Enforcement of Rental Inspections.
2. Discussion on Signage Costs for Parking Enforcement.
3. City Council Member Ex-Officio Reports.
4. Joint Powers Board members’ Report.
5. City Council member introduction of topics for future discussion.
6. 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 Volunteer Appointment.
D. Action on Resolution No. 61-11, a Resolution authorizing Change Order No. 2 for
Airport Wildlife Fence Project AIP #3-46-0005-023-2010, Brookings Regional
Airport.
E. Action on Resolution No. 65-11, a Resolution establishing a Temporary Vendor Permit Fee.
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 to award contracts for the Brookings City and County Government Center; Bid
Package Number Two.
Action: Motion to Approve, Request Public Comment, Roll Call
8. Action on Resolution No. 62-11, awarding contracts for 2011-08STI Street Maintenance
and Overlay Project.
Action: Motion to Approve, Request Public Comment, Roll Call
9. Action on Resolution No. 63-11, awarding contracts for 2011-09STI Asphalt Concrete
Freight On Board (FOB) Project.
Action: Motion to Approve, Request Public Comment, Roll Call
Second Readings / Public Hearings
10. Public hearing and action on Temporary Liquor License requests for the Shamrock for
events on 6/3, 6/11 (2), 6/18 (2), and 6/25/2011.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
11. 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.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
12. Public Hearing and action on annual Alcohol Malt Beverage License Renewals.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
13. Action on a Video Lottery application for Main Street Pub, 408 Main Ave, Garner
Hansen, owner.
Action: Motion to Approve, Request Public Comment, Roll Call
14. Public Hearing and action on an On-Off Malt License for Gas ‘N Mor, Brookings
Developers, Inc., 606 6th Street, Lots 5-7, Block 11, Second Addition.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
15. Action on a Video Lottery application for Gas ‘N Mor, 606 6th St., Brookings
Developers, Inc..
Action: Motion to Approve, Request Public Comment, Roll Call
16. Public hearing and action on Resolution No. 64-11, a Resolution determining the
necessity of installing sidewalks in the City of Brookings at the expense of abutting
property owners, 2011-01SWR Sidewalk Repair Project.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
17. Adjourn.
3
Brookings City Council
Tim Reed, Mayor
Jael Thorpe, Deputy Mayor & Council Member
Council Members Tom Bezdichek, John Kubal, Mike McClemans, 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 1:00pm / Thursday 7:00pm / Friday 9:00pm / Saturday 1:00pm
The complete City Council agenda packet is available on the city website:
www.cityofbrookings.org
If you require assistance, alternative formats, and/or accessible locations consistent with the Americans with
Disabilities Act, please contact Shari Thornes, City ADA Coordinator, at 692-6281 at least 3 working days prior to the
meeting.
City Council Packet
May 24, 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. Review of Procedures for Code Enforcement of Rental
Inspections.
Pursuant to council direction from May 10th, enclosed are the code
enforcement procedures for administration of the rental dwelling
inspections.
Rental Dwellings License Procedures
• Send letter to both the property owner/manager and tenant informing them of the
need to schedule a rental inspection.
• Property owner/manager completes the rental licensing application and returns to
Code Enforcement Officer (CEO).
• Rental inspection is scheduled with tenants or property owner/manager, or both.
Rental Inspections
• CEO arrives at property to be inspected and checks yard areas and exterior of
house for compliance with current ordinances.
• CEO knocks on door, introduces himself/herself and states why they are there.
• If invited inside the structure, CEO checks for:
working smoke alarms/detectors
second means of egress from a sleeping room – window size, operability,
accessibility, sill height
combustible materials around heat sources
clearance in front of electrical panel
occupancy
other obvious safety issues
The CEO will also ask tenants if they have experienced any problems with the rental
unit i.e. fixtures/faucets, outlets, light switches, plumbing issues, etc. These items are
noted in the comments section of the inspection.
Completion of Initial Inspections
• If unit is compliant with the rental dwelling ordinance standards, an invoice is mailed
to the property owner/manager for payment of rental license.
• Upon receipt of payment, rental dwelling license is issued and mailed to property
owner/manager for display in the rental unit.
City Council Packet
May 24, 2011
5
• If unit is not in compliance, the CEO will utilize discretion in determining the
appropriate course of action as deemed necessary:
Send letter informing property owner/manager of items not in compliance
and provide a reasonable time to obtain compliance, generally seven days.
Re-inspection of the unit may be necessary to determine compliance.
For more serious offenses where it is believed a violation of the building
code exists, code enforcement officials will cooperate with the building
official to schedule the necessary inspections to determine the appropriate
course of action to correct the deficiencies. E.g.: broken trusses, building
without a permit, etc.
For more serious offenses or for offenses repeated by the same party, the
CEO may proceed to filing a formal complaint for legal action against the
property owner/manager.
Unscheduled Inspections
• CEO’s may perform unscheduled inspections for the following reasons:
Inability to obtain a response from property owner/manager and tenants.
A formal complaint received by a citizen/neighborhood on the property.
Reasonable suspicion that a violation may be occurring.
City Council Packet
May 24, 2011
6
5:00 P.M. WORK SESSION
Work Sessions are open to the public. During the work session the city staff would brief the council on
items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
2. Discussion on Signage Costs for Parking Enforcement.
TO: Mayor, City Council and City Manager
FROM: Zachary Rothstein, Engineering Intern
RE: Discussion on possible No Parking Signs
I was recently asked to study the possibility of adding “no parking here to corner” signs
at intersections near the campus of SDSU. In spring 2011, the Brookings Police
Department increased patrolling efforts and began ticketing motorists who were in
violation of city parking ordinances near intersections, crosswalks, and driveways in the
region South and East of SDSU. In order to prevent confusion among homeowners and
commuting students, the possibility of adding “no parking here to corner” signs in these
areas was explored. I obtained parking ticket information from the past two months
from the Brookings Police Department and selected a study area based on the location
where the majority of tickets were given. Based on this information, a boundary from
Seventh Avenue on the West to Faculty Drive on the East, and from Eleventh Street on
the North to Fifth Street on the South was selected. This study area can be seen in the
attached map.
Following the selection of a study area, the number of necessary “no parking here to
corner” signs was calculated. A thorough breakdown of the necessary signs at each
intersection is attached. In total, 148 signs would be needed in the study area, with a
total cost of $14,289.40. In these calculations, the material cost and labor cost per sign
was assumed based on a May 11, 2011 pay estimate from the Brookings Streets
Department to be $53.42 for materials and $43.13 for labor, bringing the total cost to
$96.55 per sign.
Attachments:
Two attachments are included with this memo:
• A map showing the selected study area based on the number of tickets given by
the Brookings Police Department.
• A spreadsheet showing the number of “no parking here to corner” signs needed
at each intersection.
No Parking Sign possible locations near SDSULast Updated: May 12, 2011Cross Street Cross AvenueNW CornerNE CornerSW CornerSE Corner TotalCross Street Cross AvenueNW CornerNE CornerSW CornerSE Corner Total5th St7th Ave 22228 8th St7th Ave 011245th St8th Ave 22228 8th St8th Ave 011245th St9th Ave 22228 8th St9th Ave 011245th St Medary Ave 11114 8th St Medary Ave 000005th St11th Ave 22228 8th St11th Ave 000005th St12th Ave 22228 8th St12th Ave 000005th St13th Ave 22228 8th St13th Ave 000006th St7th Ave 01012 8th St14th Ave 000006th St8th Ave 01012 8th St Student Center Ln000006th St9th Ave 11114 8th St16th Ave 000006th St Medary Ave 00000 9th St7th Ave 120146th St11th Ave 10102 9th St8th Ave 120146th St12th Ave 10113 9th St9th Ave 120146th St13th Ave 10113 9th St Medary Ave 000006th St14th Ave 10001Harvey Dunn St 7th Ave 011246th St16th Ave 00000Harvey Dunn St 8th Ave 011246th StFaculty Dr 10001Harvey Dunn St9th Ave 011246th St17th Ave 11013Harvey Dunn St Medary Ave 00000IntersectionSigns NeededIntersectionSigns Needed7th St7th Ave 1201411th St7th Ave 000117th St8th Ave 1201411th St8th Ave 000117th St9th Ave 1201411th St9th Ave 000117th St Medary Ave 1100211th St Medary Ave 000007th St11th Ave 211047th St12th Ave 211047th St13th Ave 211047th St14th Ave 211047th St16th Ave 120147th StFaculty Dr 01012$53.42$43.13$14,289.40Total Signs NeededMaterials Cost Per SignLabor Cost Per SignTotal Project Cost148
City Council Packet
May 24, 2011
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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. 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 24, 2011
10
5:00 P.M. WORK SESSION
Work Sessions are open to the public. During the work session the city staff would brief the council on
items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
4. 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 24, 2011
11
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 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 24, 2011
12
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
June 9 Thursday
139th Brigade Support
Battalion Logistics Task
Force Activation
2:00 p.m. Performing Arts Center
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
TBA TBA
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 18 Thursday Campus / Community
Forum 5:00 P.M. TBD
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
City Council Packet
May 24, 2011
13
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 Volunteer Appointment.
D. Action on Resolution No. 61-11, a Resolution authorizing Change Order No. 2 for Airport Wildlife
Fence Project AIP #3-46-0005-023-2010, Brookings Regional Airport.
E. Action on Resolution No. 65-11,a Resolution establishing a Temporary Vendor Permit Fee.
Open Forum/Presentations/Reports
5. Open Forum
6. SDSU Student Senate Report
Contract Awards / Change Orders
7. Action to award contracts for the Brookings City and County Government Center; Bid Package Number
Two.
Action: Motion to Approve, Request Public Comment, Roll Call
8. Action on Resolution No. 62-11, awarding contracts for 2011-08STI Street Maintenance and Overlay
Project.
Action: Motion to Approve, Request Public Comment, Roll Call
9. Action on Resolution No. 63-11, awarding contracts for 2011-09STI Asphalt Concrete Freight On Board
(FOB) Project.
Action: Motion to Approve, Request Public Comment, Roll Call
Second Readings / Public Hearings
10. Public hearing and action on Temporary Liquor License requests for the Shamrock for events on 6/3, 6/11
(2), 6/18 (2), and 6/25/2011.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
11. 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.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
12. Public Hearing and action on annual Alcohol Malt Beverage License Renewals.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
13. Action on a Video Lottery application for Main Street Pub, 408 Main Ave, Garner Hansen, owner.
Action: Motion to Approve, Request Public Comment, Roll Call
14. Public Hearing and action on an On-Off Malt License for Gas ‘N Mor, Brookings Developers, Inc., 606 6th
Street, Legal: Lots 5-7, Block 11, Second Addition.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
15. Action on a Video Lottery application for Gas ‘N Mor, 606 6th St., Brookings Developers, Inc..
Action: Motion to Approve, Request Public Comment, Roll Call
16. Public hearing and action on Resolution No. 64-11, a Resolution determining the necessity of installing
sidewalks in the City of Brookings at the expense of abutting property owners, 2011-01SWR Sidewalk
Repair Project.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
17. Adjourn.
City Council Packet
May 24, 2011
14
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 Volunteer Appointment.
D. Action on Resolution No. 61-11, a Resolution authorizing
Change Order No. 2 for Airport Wildlife Fence Project AIP
#3-46-0005-023-2010, Brookings Regional Airport.
E. Action on Resolution No. 65-11, a Resolution establishing a
Temporary Vendor Permit Fee.
*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 24, 2011
15
CONSENT AGENDA #4
B. Action to approve City Council Minutes.
The draft May 10th Brookings City Council minutes are enclosed for
Council review and approval.
City Council Packet
May 24, 2011
16
Brookings City Council
May 10, 2011 (unapproved)
The Brookings City Council held a meeting on Tuesday, May 10, 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, Ope Niemeyer and Jael Thorpe. Council Member Keith Corbett
was absent. City Manager Jeff Weldon, City Attorney Steve Britzman and Deputy City Clerk
Bonnie Foster were also present.
Oath of Office Ceremony. Council Members Ope Niemeyer and Mike McClemans were
presented with their Certificates of Election as they took their Oath of Office for three-year
terms as City Council Members.
Enforcement of parking regulations. Enforcement of parking regulations is due to the
number of parking issues in areas across Brookings, especially in the area surrounding SDSU.
Discussion focused on the newly adopted additional parking regulation prohibiting parking
within five feet of a driveway egress, as well as no parking within 20 feet of a crosswalk or
intersection. Doug O’Neill, 304 Trail Ridge Road, expressed concerns with how the parking
regulations enforcement is being handled. Weldon clarified city code Section 82-427 mirrors
SDCL 32-30-6. City code can be more restrictive than State Law, but no less restrictive.
City Code of Ordinances Section 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
sign posted;
6) At any place where official signs prohibit standing.
MOTION: A motion was made by Reed, seconded by Thorpe, to direct the City Manager to
bring back a cost estimate for signage pertaining to item #3) within 20 feet of a crosswalk at an
intersection, and #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, in the areas we are focusing our
enforcement activities. A friendly amendment was made by Thorpe to include the cost of a
informational parking insert being placed in the utility bills. All present voted yes, except
Bezdichek voted no; motion carried.
City Council Packet
May 24, 2011
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Draft Economic Impact Report Regarding SDSU. Ryan Brunner, Brookings Economic
Development Corporation, presented to the council a Draft Economic Impact Report regarding
SDSU. The study focused on the impact of SDSU if SDSU was no longer in this community.
Fire Dept. Meeting Hall (former Senior Citizen Center). Darrell Hartmann, Fire Chief,
highlighted needed repairs and major issues with the current 74 year old fire training facility.
Hartmann shared 4 options: 1) Build addition to East Station addition combining a response
station, department offices, and training/meeting/kitchen space in one facility, 2) Build addition
at the 32nd Ave. location, 3) Fix existing building, or 4) Demolish existing building and use space
for additional downtown parking. MOTION: A motion was made by Reed, seconded by Kubal,
to direct staff to research architectural services and cost schematics for constructing an
addition to the East Fire Station. All present voted yes; motion carried.
Ex-Officio Reports. Mayor Reed announced his plans to appoint Council Member Ope
Niemeyer to the Utility Board, replacing Tom Bezdichek. Council Member Keith Corbett will
continue to serve on the Utility Board. Brookings Health System Board appointments will
remain with Council Members John Kubal and Mike McClemans.
Council Introduction of Future Topics. MOTION: A motion was made by McClemans,
seconded by Bezdichek to add to a future agenda, discussion and review of Code Enforcement
Policies and Procedures. All present voted yes; motion carried.
Regular Meeting - Consent Agenda. Resolution No. 52-11 was added to the consent
agenda and an executive session was added to the regular agenda. A motion was made by
Kubal, seconded by Thorpe, to approve the agenda as amended:
A. Action to approve the agenda.
B. Action to approve the April 26th City Council Minutes.
C. Action on the following mayoral appointments: Visitor Promotions Committee:
appoint Jameson Berreth and Anthony Sutton as the SDSU student representatives (terms
expire 5/1/2012).
D. ADDITION: Action to approve Resolution No. 52-11, 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.
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): 1) 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, and 2) 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.
City Council Packet
May 24, 2011
18
On the motion, all present voted yes; motion carried.
Open Forum. Clay Busby, 211 6th Ave, expressed concerns that ordinances are not being
enforced around new City/County Government building construction site. His concerns were
regarding the closed alley and the blockage of water drainage on the street. City Manager
Weldon clarified the alley was closed for the purpose of public safety surrounding the
construction site. In regards to the gutter obstruction, Weldon will direct city staff to review
alternatives for not obstructing water drainage in the gutter way.
Charles Dupraz, 47530 210th St., Aurora, expressed concern regarding trash from the Landfill
littering the neighborhood. He asked the city to maintain the original agreement and pick up
the litter daily. He commended the city for how the area has been cleaned up. Weldon
commented the city can and will do a better job.
Ordinance No. 12-11. First reading was held on 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.
Ordinance No. 09-11. A public hearing 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. No public comment. A
motion was made by Thorpe, seconded by Kubal, to approve Ordinance No. 09-11.
AMENDMENT: A motion was made by Reed, seconded by Thorpe, to amend the hours to
state: “The hours may be extended for reasonable cause by the City Manager or his designee.”
All present voted yes; motion carried. All present voted yes; motion carried on the
amendment. On the main motion as amended, all present voted yes; motion carried.
Ordinance No. 10-11. A public hearing 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. No public comment. A motion was made by
Kubal, seconded by McClemans, to approve Ordinance No. 10-11. All present voted yes;
motion carried.
Ordinance No. 11-11. A public hearing was held on Ordinance No. 11-11, an Ordinance to
change the zoning within the City of Brookings (Foster Industrial Park): 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. No public comment. A motion was made
by Thorpe, seconded by McClemans, to approve Ordinance No. 11-11. All present voted yes;
motion carried.
Ordinance No. 08-11. A motion was made by McClemans, seconded by Thorpe, to remove
the following 4/26/11 motion from the table: A motion was made by McClemans, seconded by
City Council Packet
May 24, 2011
19
Reed, to rezone the south 66’ to a Class Residence R-3A District and leave the north 50’ as a Class
Industrial I-1District. All present voted yes, except Bezdicheck voted no; motion carried.
AMENDMENT: A motion was made by McClemans, seconded by Thorpe, to amend the
motion to rezone the south 100 feet as a Class Residence R-3A District and leave the north 16
feet as a Class Industrial I-1 District. All present voted yes, except Bezdichek voted no; motion
carried on the amendment.
ON THE MAIN MOTION AS AMENDED, rezoning Lot 3, Block 10, Folsom Addition and the
vacated street lying between Blocks 10 and 11, Folsom Addition as the south 100’ as a class
Residence R-3A District and leave the north 16’ as a Class Industrial I-1 District. All present
voted yes, except Bezdichek voted no; motion carried.
Temporary Liquor License – Volunteer Firemen’s Street Dance. A public hearing was
held on a temporary liquor license requests for the Volunteer Firemen’s Street Dance on July
30th to be located in the 300 Block of Main Avenue. No public comment. A motion was made
by Kubal, seconded by Thorpe, to approve. All present voted yes; motion carried.
Temporary Liquor License – Swiftel Center. A public hearing was held on temporary
liquor license requests for the Swiftel Center for the following events: June 4 (wedding
reception), June 10-11 (SDSU Convention), June 11 (wedding reception), June 17 (wedding
reception), and June 20, 2011 (Minor County Banquet). No public comment. A motion was
made by Niemeyer, seconded by Thorpe, to approve. All present voted yes; motion carried.
Business Improvement District - Resolution No. 58-11. A motion was made by Thorpe,
seconded by Kubal, to approve Resolution No. 58-11, designating boundaries for Business
Improvement District #1. All present voted yes; motion carried.
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 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.
City Council Packet
May 24, 2011
20
Business Improvement District -Resolution No. 59-11. A motion was made by Kubal,
seconded by Bezdichek, to approve Resolution No. 59-11, establishing Business Improvement
District #1 Board. No public comment. All present voted yes; motion carried.
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, and 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.
Resolution No. 60-11. Resolution No. 60-11, a Resolution requesting special legislation
authorizing the taxation authority for an additional one cent Sales and Use Tax for the City of
Brookings to be dedicated to South Dakota State University. No action was taken.
MOTION: A motion was made by McClemans, seconded by Reed, to schedule a meeting with
the District 7 Legislators for discussion on the proposed one percent sales tax and its benefits
to the SD Educational System and how it relates to the State of South Dakota and the City of
Brookings. All present voted yes; motion carried.
Deputy Mayor Appointment. A motion was made by Reed, seconded by McClemans, to
appoint Jael Thorpe as Deputy Mayor for a term ending June 1, 2012. No public comment. All
present voted yes, Thorpe abstained; motion carried.
Executive Session. A motion was made by Thorpe, seconded by McClemans, to enter into
executive session at 7:45 p.m. for purposes of consulting with legal counsel about contractual
matters with Victoria Blatchford, Al Heuton, Ryan Brunner, Spencer Hawley, Tim Harvey, Mike
Struck, City Council, City Attorney and City Manager present. All present voted yes, motion
carried. A motion was made by Kubal, seconded by Thorpe, to exit executive session at 9:08
p.m. All present voted yes, motion carried.
City Council Packet
May 24, 2011
21
Adjourn. A motion was made by Kubal, seconded by Thorpe, to adjourn. All present voted
yes; motion carried. Meeting adjourned at 9:09 p.m.
City of Brookings
Attest: Tim Reed, Mayor
Shari Thornes, City Clerk
City Council Packet
May 24, 2011
22
CONSENT AGENDA #4
C. Action on Mayoral Appointment.
Mayor Tim Reed is recommending the appointment of Ben Stout to the
Park and Recreation Board in the College Student position; term expires
5/1/2012.
City Council Packet
May 24, 2011
23
CONSENT AGENDA #4
D. Action on Resolution No. 61-11, a Resolution authorizing Change
Order No. 2 for Airport Wildlife Fence Project AIP #3-46-0005-
023-2010, Brookings Regional Airport.
The Perimeter Wildlife Fence project is nearly completed for the Brookings
Regional Airport. The fence was required due to the FAA’s increasing
efforts to mitigate wildlife hazards on airports. The new wildlife fence will
be a benefit to the airport as deer have jumped over the old shorter fence.
Only a portion, approximately 300 yards long, will need to be moved when
the runways are realigned. The fencing material may be re-used for the
new alignment. This project is reimbursed 3% by the SDDOT and 95% by
the FAA, resulting in the City share of 2%.
This change order is for additional work at the request of the City to repair
fencing which was damaged from the high water flows this spring from 6-
Mile Creek. It was found during an inspection that the water flows bent
over the fence just west of Rainbow Play Systems and is too damaged to
bend back to a vertical stand. The contractor will remove and salvage
approximately 300 feet of wildlife fence, install new poles, and reinstall the
salvageable fencing materials for a total increase of $2,703.00 to the
contract and it is eligible for FAA and SDDOT reimbursement. This change
order will also extend the contract deadline by 107 calendar days to June
15, 2011 for the additional work. The total change order is as follows:
Original Contract Price: $289,435.96
Decrease from Previously Approved Change Order (1): $11,145.04
Contract Price Prior to this Change Order: $300,581.00
Increase of this Change Order (No. 2): $2,703.00
Contract Price incorporating this Change Order: $303,284.00
This resolution will approve Change Order No. 2 for an increase of
$2,703.00 to the contract amount and it will adjust the completion date by
107 calendar days to June 15, 2011.
City Council Packet
May 24, 2011
24
Resolution No. 61-11
Resolution Authorizing Changer Order No. 2 for
Airport Wildlife Fence project, AIP #3-46-0005-023-2010
American Fence Company, Inc.
Be it Resolved by the City Council that the following change order be allowed for Airport
Wildlife Fence Project, AIP #3-46-0005-023-2010:
Construction Change Order Number 2
Additional work to remove and salvage existing fence and install 8’ high woven wire
fence with 4 strands of high tensile wire for a total increase of $2,703.00 to the contract
Adjust the contract time by 107 calendar days to June 15, 2011.
Passed and approved this 24th day of May 2011.
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City Council Packet
May 24, 2011
25
CONSENT AGENDA #4
E. Action on Resolution No. 65-11, establishing a Temporary Vendor
Permit Fee.
The City Council adopted Ordinance No. 09-11 providing for the sale of
food, beverages and merchandise by temporary vendors upon the sidewalks
in the Central Business District. Ordinance Section 74-66 establishes a
temporary vendor permit as well as a fee for such permit. The enclosed
resolution will establish the fee for such a permit.
The temporary vendor permits are valid for fourteen consecutive days.
Staff is recommending the fee be established at fifty ($50) dollars. For
comparison, a transient merchant fee is $100 per month.
Resolution No. 65-11 - Establishing Temporary Vendor Permit Fee
Whereas, the City is desirous in licensing and inspecting temporary vendors,
Whereas, Ordinance No. 09-11requires a permit be obtained prior to a temporary
vendor locating a business upon the sidewalk in the Central Business District,
Whereas, the Temporary Vendor Permit Fee as per Ordinance No. 09-11 shall be set
by resolution from time to time by the City Council, and
Be It Resolved that the fee be adopted as follows: Temporary Vendor Permit, $50.00
Passed and approved this 24th day of May, 2011.
CITY OF BROOKINGS
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
City Council Packet
May 24, 2011
26
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 24, 2011
27
Contract Awards / Change Orders
7. Action to award contracts for the Brookings City and County
Government Center; Bid Package Number Two.
TO: Mayor and City Council Members
FROM: City Manager Jeff Weldon
RE: Contract awards for Bid Package #2; City-County
Government Center
Our Construction Manager held the bid opening for Bid Package #2 this
week. Almost 70 bids were opened covering the 18 contract items which
comprise Bid Package #2. The Construction Manager immediately began
reviewing the apparent low bidder for each item for accuracy following the
opening. While the Construction Manager will likely not complete the
evaluation of all 18 bid items, they will complete what is possible for your
approval at the Council meeting and the remaining evaluations will be
brought to you at the June 14th meeting.
The Joint Powers Board is scheduled for a meeting on Friday, May 20th to
make a formal recommendation to the City Council and County Board of
Commissioners. As a result, the official bid results and contract award
recommendations will be provided to the City Council via special delivery
on Friday, May 20th. The County is likewise scheduled to make contract
awards on Tuesday as well.
At the conclusion of the bid opening, the aggregate amounts of low bidders
compared to the estimated construction budget for Bid Package #2
indicates the cost is approximately $207,000 under budget; so the project is
in a very favorable financial situation.
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City Council Packet
May 24, 2011
28
Contract Awards / Change Orders
8. Action on Resolution No. 62-11, awarding bids for 2011-08STI
Street Maintenance and Overlay Project.
This project is the annual street maintenance project that entails street repairs and
asphalt overlays on various streets in Brookings. The project budget was greatly
increased starting in 2010 to repair of a number of streets where a large amount of
work was anticipated. Schedule A for this project includes asphalt milling, digout,
overlay, and drain tile work on the following streets:
• 20th Street South near Medary Avenue South (digout repair, drain tile)
• Medary Avenue South from Pheasant Run Road to 20th Street South (digout
repair, drain tile)
• 34th Avenue from 6th Street to Highway 14 Bypass (digout repair - carry over
from 2010)
• 34th Avenue from Highway 14 Bypass to Landfill (digout small areas)
• Teresa Avenue (digout repair, repave)
• David Cove (digout repair, repave)
• 32nd Avenue north of Prince Drive (digout repair)
• Pheasant Run Road (drain tile, digout repair)
• Lefevre Drive culdesac (digout repair)
• Portions of 11th Avenue and 13th Avenue (digout small areas)
Schedule B for this project entails gravel preparation and asphalt paving for the east
parking lot of the Larson Ice Arena.
The plans for this project were mailed to area contractors and two builders exchanges.
The bid letting was held on May 17, 2011 and the City received the following bids:
Schedule A Overlays Bowes Construction Co., Inc. $482,066.97
Schedule B Larson Ice Arena Bowes Construction Co., Inc. $120,274.80
Total Schedule A + Schedule B $602,341.77
Overall, the asphalt bid prices this year were only slightly higher than the 2010 prices.
The low bid of $482,066.97 for Schedule A was approximately 1.5% higher than the
engineer’s estimate of $474,986 and the low bid of $120,274.80 for Schedule B was
approximately 10% lower than the engineer’s estimate of $133,597.00. For comparison
purposes, the asphalt bid for Class E (bottom lift) is $68.60 in 2011 compared to $66.87
in 2010, which was approximately a 2.5% increase. In addition, the asphalt bid for Class
G (top lift) is $79.50 in 2011 compared to $78.69 in 2010 which was approximately a
1% increase. Since the budget is $128,000 for the Larson Ice Arena, the asphalt may be
paved slightly thicker than the 3” design thickness, which will add strength to the
pavement. Recommend awarding the contract to Bowes Construction Co., Inc. of
City Council Packet
May 24, 2011
29
Brookings, SD for the low bid of $482,066.97 for Schedule A and $120,274.80 for
Schedule B for a total contract of $602,341.77.
Resolution No. 62-11 - Resolution Awarding Bids on Project 2011-08STI
Street Maintenance and Overlay Project
Whereas, the City of Brookings opened bids for Project 2011-08STI Street Maintenance and
Overlay Project on Tuesday, May 17, 2011 at 1:30 pm at Brookings City Hall; and
Whereas, the City of Brookings has received the following bids for Project
2011-08STI Street Maintenance and Overlay Project:
Schedule A Overlays Bowes Construction Co., Inc. $482,066.97
Schedule B Larson Ice Arena Bowes Construction Co., Inc. $120,274.80
Total Schedule A + Schedule B $602,341.77
Now Therefore, Be It Resolved that the total low bid of $602,341.77 for Schedules A and B for
Bowes Construction Co., Inc., Brookings, SD be accepted.
Passed and approved this 24th day of May 2011.
CITY OF BROOKINGS
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City Council Packet
May 24, 2011
30
Contract Awards / Change Orders
9. Action on Resolution No. 63-11, awarding bids for 2011-09STI
Asphalt Concrete Freight On Board (FOB) Project.
This project is the annual street maintenance project that provides the asphalt patching
material that the Street Department picks up at the plant to repair patches throughout
the City. In the years past, this project was combined with the asphalt overlay project,
however this year we bid them separately since this work is a material supply versus a
construction project. It will also allow the City to bid the asphalt concrete freight on
board earlier in the season next year than the overlay project.
The bid letting was held on May 17, 2011 and the City received the following bid:
Bowes Construction Co., Inc. $65,155.00
The asphalt concrete freight on board bid prices were approximately 4.5% higher than
the 2010 prices and 4% lower than the engineer’s estimate of $68,150.00. Recommend
awarding the contract to Bowes Construction Co., Inc. of Brookings, SD for the low bid
of $65,155.00.
Resolution No. 63-11 - Resolution Awarding Bids on Project 2011-09STI
Asphalt Concrete Freight On Board Project
Whereas, the City of Brookings opened bids for Project 2011-09STI Asphalt Concrete
Freight On Board Project on Tuesday, May 17, 2011 at 1:30 pm at Brookings City Hall;
and
Whereas, the City of Brookings has received the following bids for Project
2011-09STI Asphalt Concrete Freight on Board Project: Bowes Construction Co., Inc.,
$65,155.00
Now Therefore, Be It Resolved that the total low bid of $65,155.00 for Bowes
Construction Co., Inc., Brookings, SD be accepted.
Passed and approved this 24th day of May 2011.
CITY OF BROOKINGS
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City Council Packet
May 24, 2011
31
Second Readings / Public Hearings
10. Public hearing and action on Temporary Liquor License requests
for the Shamrock for events on 6/3, 6/11 (2), 6/18 (2), and
6/25/2011.
The Shamrock has applied for temporary liquor licenses for the following
events: 6/3 Wedding Reception, 6/11Wedding Receptions (2), 6/18
Wedding Receptions (2), 6/25 Wedding Reception. Pursuant to changes in
state law, all temporary alcohol licenses must be approved by the City
Council through use of a public hearing. All documents have been filed
with the City pertaining to insurance and other licensing requirements.
Notice of Public Hearing
On Application for Temporary Liquor Licenses
NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of Brookings,
South Dakota, on May 24, 2011, at 6:00 p.m. in the City Council Chambers, 311 Third Avenue,
City of Brookings, will meet in regular session to consider Temporary Liquor Licenses for The
Shamrock, 1104 22nd Avenue South for the following events: 6/3 (reception), 6/11 (reception),
6/11 (reception), 6/18 (reception), 6/18 (reception), and 6/25/2011 (reception). 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 12th day of May, 2011.
Shari Thornes, City Clerk
City Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City Council Packet
May 24, 2011
32
Second Readings / Public Hearings
11. 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.
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 Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City Council Packet
May 24, 2011
33
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 24, 2011
34
(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: May 24, 2011
Published:
City Council Packet
May 24, 2011
35
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 24, 2011
36
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 24, 2011
37
II.
All ordinances in conflict herewith are hereby repealed.
First Reading: May 10, 2011
Second Reading and Adoption: May 24, 2011
Published:
City of Brookings, SD
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City Council Packet
May 24, 2011
38
Second Readings / Public Hearings
12. Public Hearing and action on annual Alcohol Malt Beverage
License Renewals.
Enclosed for Council review and action are the on and off sale malt alcohol
licenses renewals for fiscal year 2011 (7/1/11 to 6/30/12). A public hearing
and action by the governing body is required on all alcohol beverage
licenses. After Council action, applications will be forwarded to the State
Department of Revenue for final action and issuance of licenses.
On-Off Sale Malt:
Gonz Production, Inc. (Main Street Pub), 408 Main Ave.
Old Sanctuary, 928 4th St.
Guadalajara, Village Square Mall #1
Boss’ Pizza & Chicken, 420 Main Ave.
Skinner’s Pub, 300 Main Ave.
Cottonwood Bistro, 1710 6th St.
George’s Pizza & Steakhouse, 311 Main Ave.
Danny’s, 703 Main Ave. So.
BraVo’s, 610 Medary Ave.
Pizza Hut #2769, 418 6th St.
Oly’s Neighborhood Pub & Grill, 725 Main Ave. So.
Ray’s Corner, 401 Main Ave.
Carpy’s Pub, 700 22nd Ave. So.
Edgebrook Golf Course, 1415 22nd Ave. So.
Taste of Europe, 1300 Main Ave. So.
Sixth Street Diner, 223 6th St.
South Main Diner, 615 Main Ave. So.
Casino 2000, 622 25th Ave.
The Shamrock, 1104 22nd Ave. So.
Swiftel Center, 824 32nd Ave.
PNP Pub, 318 2nd St. So.
Schoon’s PNP Pub South, 1203 Main Ave. So.
Cubby’s Sports Bar & Grill, 307 Main Ave.
Brookings Softball Assoc. (Southbrook Softball Diamonds), 2800 22nd Ave. So.
Sun-Dried Tomato Pizzeria, 417 Main Ave.
City Council Packet
May 24, 2011
39
Off-Sale Malt:
Jim’s Tap, 309 Main Ave.
Sully’s Irish Pub, 421 Main Ave.
Schoon’s Pump-n-Pak, 202 S. Main Ave.
Gas N Mor, 600 6th St.
CHS (dba Zip Trip #63), 1005 6th St.
CHS (dba Zip Trip #64), 3045 LeFevre Dr.
BP of Brookings, Inc., 2420 6th St.
Newman’s Kerr McGee, 503 6th St.
Hy-Vee Food Store, 700 22nd Ave.
Hy-Vee Gas, 716 22nd Ave. So.
Wal-Mart Supercenter #1538, 2233 6th St.
Fireside Inc., 2515 E. 6th St.
El Tapatio, Inc., 1717 6th St.
Off-Sale Malt and Off-Sale SD Farm Wine (package):
Casey’s General Store #2419, 534 22nd Ave. So.
Casey’s General Store #1694, 620 8th St. So.
Casey’s General Store #2198, 122 West 6th St.
Please note that King’s Wok, Village Square Mall, is not renewing their on-sale malt
license.
City Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City Council Packet
May 24, 2011
40
Second Readings / Public Hearings
13. Action on a Video Lottery application for Main Street Pub, 408
Main Ave., Garner Hansen, owner.
Garner Hansen, owner of Main Street Pub, 408 Main Avenue, has applied
for a Video Lottery License. Main Street Pub has held an On-Sale Malt
License since 2004. With the recent approval of Ordinance No. 05-11, the
City Council has the ability to issue up to three additional video lottery
licenses to On-Sale Malt and On-Sale Wine License holders.
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City Council Packet
May 24, 2011
41
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.
Be It Ordained and Enacted by the Council of the City of Brookings, State of South
Dakota, as follows:
I.
Sec. 6-6. Authorizations for video lottery machine placement.
(a) After the effective date of this Ordinance, not more than one authorization for a video
lottery machine placement for establishments issued an alcoholic beverage license
pursuant to subdivisions 35-4-2(12) and SDCL 35-4-2(16) who apply for video lottery
establishment authorization will be granted for each 2,206 persons, or a fraction thereof,
of the population of the city as determined each August 1 by the city planning
department. No establishment authorized for a video lottery machine placement may be
denied authorization in subsequent years solely by reason of any limitations of the
number of authorizations under the provisions of this section. The quota and the criteria
and requirements set forth in this section do not apply to any type of alcoholic beverage
licensee other than wine and malt beverage retailers.
(b) New video lottery sites shall be selected according to the following criteria and which
satisfy the requirements set forth in subsection (b)(3) of this section:
(1) The proximity of the proposed new video lottery site to other establishments which
have been licensed as video lottery establishments.
(2) The type of business the applicant proposes for the proposed new video lottery site and
the manner in which the applicant proposes to operate it.
(3) Consistent with state law, video lottery establishments shall be a bar, restaurant or
lounge which is primarily maintained and operated for the selling and consumption of
alcoholic beverages and food on the premises. In order to ensure that only bars,
restaurants and lounges are authorized as video lottery establishments, proposed new
video lottery establishments must derive 75 percent or more of their gross business
income, excluding video lottery income, from the sale of beverages, room rentals and
food which is prepared and consumed on the premises. Any applicant for authorization
as a video lottery establishment shall certify that the applicant complies with this
subsection. The city may require the applicant to provide proof through business
records of compliance with this requirement. Bona fide chartered veterans' organiza-
tions, religious, charitable or fraternal organizations are excluded from the requirements
of this subsection (b)(3).
(4) The location of the proposed new video lottery site to other businesses, residential
areas, or activities within the same general area.
City Council Packet
May 24, 2011
42
(5) The extent to which minors frequent a business connected to the proposed new video
lottery site.
(6) The effect the proposed new video lottery site has on economic development.
II.
All ordinances in conflict herewith are hereby repealed.
First Reading April 5, 2011
Second Reading and Adoption April 26, 2011
Published April 29, 2011
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City Council Packet
May 24, 2011
43
Second Readings / Public Hearings
14. Public Hearing and action on an On-Off Malt License for Gas ‘N
Mor, Brookings Developers, Inc., 606 6th Street, Legal: Lots 5-7,
Block 11, Second Addition.
Lyle Prussman, Brookings Developers Inc., has applied for an on-off sale Malt Beverage
License for Gas ‘N Mor, 606 6th Street, Lots 5-7, Block 11, Second Addition. All the
required documents have been submitted for this application. A public hearing and
action by the local governing body is required to approve a Malt Beverage License. This
license would be effective on July 1st effective through June 30, 2012 and then subject to
an annual renewal. If approved, the application would be forwarded to the State
Department of Revenue for final action and issuance of the license.
Further Information: SDCL 35-2-1.2 provides all applications for retail licenses …shall
be submitted to the governing board of the municipality within which the applicant
intends to operate…The governing board: “shall have discretion to approve or
disapprove the application depending on whether it deems the applicant a suitable
person to hold such license and whether it considers the proposed location suitable.”
SDCL 35-2-6.2 provides the “character” requirements for alcoholic beverage licensees:
“Any license under this title…must be a person of good moral character, never
convicted of a felony, and, if a corporation, the managing officers thereof must have like
qualifications.”
Procedure for issuance of licenses: Procedurally, SDCL 35-2-3 provides that “no license
for the on or off-sale at retail of alcoholic beverages…shall be granted to an applicant
for any such license, except after public hearing, upon notice.” SDCL 35-2-5 provides
the procedure for the time and place of hearing and for publication of notice. If an
application for a license is refused, “no further application may be received from a
person until after the expiration of one year from the date of a refused application.”
City Ordinances:
Listed below is Chapter 5, Article 2, Section 5-20 of the City Code of Ordinances
pertaining to Application Review Procedure.
The City Council shall review all applications submitted to the City for available On-Sale
Alcoholic Beverage Agreements and for On-Sale Malt Beverage and Wine Licenses in
accordance with SDCL 35-2 and in accordance with the following factors:
a) Type of business which applicant proposes to operate: On-Sale Alcoholic
Beverage Operating Agreements and On-Sale Malt Beverage and Wine Licenses
may not be issued to convenience grocery stores, gas stations, or other stores
where groceries or gasoline are sold unless it can be established that minors do
not regularly frequent the establishment.
b) The manner in which the business is operated: On-Sale Alcoholic Beverage
Operating Agreements and On-Sale Malt Beverage and Wine Licenses may not
City Council Packet
May 24, 2011
44
be issued to establishments which are operated in a manner which results in
minors regularly frequenting the establishment.
c) The extent to which minors are employed in such a place of business: On-Sale
Alcoholic Beverage Operating Agreements and On-Sale Malt Beverage and Wine
Licenses may not be issued to convenience grocery stores, gas stations, or other
stores where groceries or gasoline are sold and which regularly employ minors.
d) The adequacy of the police facilities to properly police the proposed location:
The City Council shall inquire of the Police Chief whether the Police
Department can adequately police the proposed location.
e) Other factors: The hours that business is conducted shall be considered by the
City Council in its review of applications for on-sale alcoholic beverage operating
agreements and on-sale malt beverage and wine licenses
SDCL and case law support the premise that the decision to issue an alcoholic beverage
license is discretionary. The City can assess the character of the applicant and whether
the location is suitable. A person convicted of a felony is prohibited from applying for a
license; therefore, a convicted felon would fail the character test. In determining suitable
location, the Council may involve the determination of whether the location is suitable
consistent with the procedure developed through South Dakota Case Law. This
includes the manner in which the business is operated; the extent to which minors
frequent or are employed in such place of business; the adequacy of the police facilities
to properly police the proposed location, and other factors associated with the sale of
alcoholic beverages.
City Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City Council Packet
May 24, 2011
45
Second Readings / Public Hearings
15. Action on a Video Lottery application for Gas ‘N Mor, 606 6th St.,
Brookings Developers, Inc., owner.
Lyle Prussman, Brookings Developers Inc., has applied for a Video Lottery
License for Gas ‘N Mor, 606 6th Street, Lots 5-7, Block 11, Second
Addition. With the recent approval of Ordinance No. 05-11, the City
Council has the ability to issue up to three additional video lottery licenses
to On-Sale Malt and On-Sale Wine License holders.
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City Council Packet
May 24, 2011
46
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.
Be It Ordained and Enacted by the Council of the City of Brookings, State of South
Dakota, as follows:
I.
Sec. 6-6. Authorizations for video lottery machine placement.
(a) After the effective date of this Ordinance, not more than one authorization for a video
lottery machine placement for establishments issued an alcoholic beverage license
pursuant to subdivisions 35-4-2(12) and SDCL 35-4-2(16) who apply for video lottery
establishment authorization will be granted for each 2,206 persons, or a fraction thereof,
of the population of the city as determined each August 1 by the city planning
department. No establishment authorized for a video lottery machine placement may be
denied authorization in subsequent years solely by reason of any limitations of the
number of authorizations under the provisions of this section. The quota and the criteria
and requirements set forth in this section do not apply to any type of alcoholic beverage
licensee other than wine and malt beverage retailers.
(b) New video lottery sites shall be selected according to the following criteria and which
satisfy the requirements set forth in subsection (b)(3) of this section:
(1) The proximity of the proposed new video lottery site to other establishments which
have been licensed as video lottery establishments.
(2) The type of business the applicant proposes for the proposed new video lottery site and
the manner in which the applicant proposes to operate it.
(3) Consistent with state law, video lottery establishments shall be a bar, restaurant or
lounge which is primarily maintained and operated for the selling and consumption of
alcoholic beverages and food on the premises. In order to ensure that only bars,
restaurants and lounges are authorized as video lottery establishments, proposed new
video lottery establishments must derive 75 percent or more of their gross business
income, excluding video lottery income, from the sale of beverages, room rentals and
food which is prepared and consumed on the premises. Any applicant for authorization
as a video lottery establishment shall certify that the applicant complies with this
subsection. The city may require the applicant to provide proof through business
records of compliance with this requirement. Bona fide chartered veterans' organiza-
tions, religious, charitable or fraternal organizations are excluded from the requirements
of this subsection (b)(3).
City Council Packet
May 24, 2011
47
(4) The location of the proposed new video lottery site to other businesses, residential
areas, or activities within the same general area.
(5) The extent to which minors frequent a business connected to the proposed new video
lottery site.
(6) The effect the proposed new video lottery site has on economic development.
II.
All ordinances in conflict herewith are hereby repealed.
First Reading April 5, 2011
Second Reading and Adoption April 26, 2011
Published April 29, 2011
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City Council Packet
May 24, 2011
48
Second Readings / Public Hearings
16. Public hearing and action on Resolution No. 64-11, a Resolution
determining the necessity of installing sidewalks in the City of
Brookings at the expense of abutting property owners, 2011-
01SWR Sidewalk Repair Project.
The City has initiated a sidewalk installation project for areas around the City of
Brookings which do not currently have sidewalks. This project is initiated both to
complete pedestrian sidewalk routes and to improve accessibility in the community.
Every five or ten years, the City reviews the areas which have not installed sidewalks,
due to a number of reasons, including:
• properties that were required to install sidewalks when they developed their lot but
have not done so
• empty lots that are owned by the adjacent property owner and is part of the
residence
• empty lots that are in a nearly developed area
• sidewalks along a street that was installed after the home was built
• sidewalks in developments that were annexed
• properties that citizens have requested to have sidewalks be installed
Last fall, the City Engineers office mailed a letter asking properties to voluntarily install
sidewalks, and a few have done so. The attached list shows the addresses of the
sidewalks for this public hearing. One area, Western Avenue South, was built as a City
assessment project in 2004 with a 10 year assessment payback time frame. At that time,
three homes existed on the northern end of Western Avenue before the street was
built. It was indicated on some projects the City would wait until the assessment was
paid off before a new assessment project was started. However, a majority of Western
Avenue’s sidewalks have been completed due to new home construction and the City
has received requests from citizens to require the sidewalks on the other Western
Avenue properties as well. Attached is a letter received from Esther Heights resident,
Thomas Bartholow, requesting that the City wait until 2012 when 20th Street South is
built to require the Esther Heights sidewalks. Additional phoned comments will be
provided to the City Council as comments are received from City staff.
A map and list of the properties is included. Each property owner was mailed a copy of
the attached resolution with the notice of the public hearing by receipt certified mail. If
the Resolution is approved, the City proposes a deadline of August 15th to install the
sidewalks if they choose to hire their own contractor or they could be added to the
City’s concrete sidewalk project. It is anticipated that the sidewalks on the City project
would be installed during the 2011 construction season.
City Manager Introduction
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City Council Packet
May 24, 2011
49
Proposed Resolution No. 64-11
Resolution Determining the Necessity of installing sidewalks in the City of
Brookings at the expense of abutting property owners
2011-01SWR Sidewalk Repair Project
Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows:
1. It is hereby determined that sidewalk repairs or installation is necessary abutting the parcels
and lots of land in the City described in the Notice to Property Owners attached to this
Resolution and marked as 2011-01SWR Sidewalk Repair Project.
2. Such sidewalks shall be to the width and of the materials prescribed by Section 605
“Sidewalks” and Section 701.3-16 of Ordinance No. 532 entitled “An Ordinance Providing
Rules, Regulations and Standards to Guide Land Sub-division in the City of Brookings and
Within Three Miles of the City Limits Thereof” and to the grade and in accordance with the
Plans and Specifications prepared in the office of the City Engineer.
3. The City Clerk has caused a copy of the Resolution and a Notice to Property Owners to be
mailed to each property owner by certified mail.
Passed and approved this 24th day of May, 2011.
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
NOTICE TO PROPERTY OWNERS
NOTICE IS HEREBY GIVEN to the owners of the property described in the foregoing
proposed resolution that the City Council will meet in the Council Chambers, City Hall,
Brookings, South Dakota, on Tuesday, May 24, 2011 at 6:00 o’clock PM, for the consideration
of the adoption of said resolution. At said time and place, the City Council will consider any
objections to the proposed resolution by owners of property liable to be assessed for
improvement.
Shari Thornes, City Clerk
No sidewalk list as of May 9, 2011 NameSidewalk Location NameSidewalk Location NameSidewalk LocationDavid & Barbara Dininger 329 Thunder LaneRobert & Angela Carlson 2020 Rhonda RoadScott & Gina Peterson 2230 Rhonda RoadChristy Sik331 Thunder LaneMark Foster2021 Rhonda RoadWal‐Mart Realty Company Trust (ReProperty Tax Dept)2233 6th StreetFrances Gylling – Trustee 405 Martin Boulevard Rachel Skarman2102 Rhonda RoadAlfred & Madeline Andrawis 2534 Western Ave. S.Citi Mortgage Inc. 415 Powderhorn PassMichael Hubbard2107 Rhonda RoadDouglas & Teresa HallBoulevard Park Addition Block 2 Lot 12Daryl & Danna Groenewold 510 Martin BoulevardThomas Mittan2110 Rhonda RoadPatricia LarsonBrookdale Addition Block 13 Lot 6Jeffrey & Charlene Pinkava 525 Martin BoulevardJeffrey & Julie Jackson 2117 Rhonda RoadLance ParkBrookings Mall Add Lot 1Harold & Esther Shelden 600 W. 20th Street SouthJoyce Christenson2120 Rhonda RoadSteven & Frances GyllingEsther Heights Addn Block 1, Lot 2William & Rose Davidson 807 Regency CourtWilliam Hinshaw2122 Teresa AvenueAlex & Laurie HaletaEsther Heights Addn Block 3, Lot 8Cory Scofield810 12th Street SouthAnthony & Darlene Wilson 2204 Rhonda RoadAlex & Laurie HaletaEsther Heights Addn Block 4, Lot 1Tim & Melissa Burns 876 Regency CourtRobert & Jonette Miller2205 6th StreetAlex & Laurie HaletaEsther Heights Addn Block 4, Lot 8David Waligoske 878 Regency Court Leah Brink 2207 Teresa AvenueAlex & Laurie HaletaEsther Heights Addn Block 4, Lot 9Michael McClemans (Prairie Meadows, Inc.)900 15th Street SouthThomas & Lori Krogman 2210 David CoveLowell HylandFarmland Addn E 60 RDS of N 60 RDS (Regency Ct. Brookings)Dusten Hendrickson 981 Broken Bow TrailCass & Michele White 2211 Teresa RoadRonald & Pouran Borchardt Hyland Addition Block 2ATopline Properties LLC1104 22nd Avenue SouthThomas & Donna Bartholow 2212 Rhonda RoadPaul MoriartyMoriarty Fourth Addition Block 2 Lot 1Lonnie Howell1205 2nd StreetAngela Hatton Attn: Allison @ FBT 2221 David CoveDakota Homes LLCMoriarty Fourth Addn Block 12Rb tSdAddJoseph & Stacy Rice 1715 Edgebrook Circle Seth Klentz & Megan Park 2222 Teresa Avenue Larry AyresRoberts Second Addn Block 2 N 40’ Lot 1Trygstad Custom Carpentry Inc. 1727 Edgebrook CircleJeffrey & Jenny Grendler 2227 Rhonda RoadTerry & Amy NemitzRoberts Second Addn Block 2 Lots 9‐11Donald & Trudy McCoy 1824 7th Avenue SouthKristine Madsen2228 David CoveShad SwedlundRoberts Second Addn Block 2 Lots 12‐14John & Ciara Bos2006 David CoveKen & Linda Langlois 2228 Teresa AvenueClark Drew ConstructionTimberline Addn. Block 1 Lot 3John Ackman2008 Rhonda RoadMark Bren2229 Teresa AvenueDavid MoriartyLot East of 1731 Cypress Point Drive (Not platted)
City Council Packet
May 24, 2011
53
17. Adjourn