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Home My WebLink About2011_08_23 CC PKT Brookings City Council Tuesday, August 23, 2011 4:00 p.m. Budget Hearings 6:00 p.m. Regular Meeting 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. 4:00 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. Proposed 2012 Budget 2. City Council Member Ex-Officio Reports. 3. Joint Powers Board members’ Report. 4. City Council member introduction of topics for future discussion. 5. 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 stating 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 Resolution No. 100-11, a Resolution authorizing the Mayor to Sign a Memorandum of Understanding with South Dakota State University on the Gateway Project. D. Action on Resolution No. 101-11, a Resolution authorizing the Mayor to Sign an Agreement for Federal Aviation Administration Grant, AIP #3-46-0005-024-2011 (Administrative Record and Airport Layout Plan with Approach Surveys). E. Action on Resolution No. 102-11, a Resolution authorizing Change Order No. 2 (CCO#2) for 2011-07STI Main Avenue and Front Street Project, Bowes Construction Inc. (under $5,000 increase). 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. Contract Awards / Change Orders 7. Action on Resolution No. 103-11, a Resolution awarding the contract for the 2011-01 Gateway Project. Action: Motion to Approve, Request Public Comment, Roll Call 8. Action on Resolution No. 104-11, a Resolution awarding the contract for padded banquet chairs for the Swiftel Center. Action: Motion to Approve, Request Public Comment, Roll Call First Readings** 9. Ordinance No. 14-11: An Ordinance rezoning the east 230 feet of Block 5, Mayland’s First Addition and the west half of the abutting vacated street from a Business B-2A District to a Residence R-3 District (2300 block, Yorkshire Drive). Public Hearing: September 13th 10. Ordinance No. 15-11: An ordinance pertaining to an application for a Conditional Use for an office in the Residence R-2 District, Lots 1 and 2, Block 8, Second Addition, also known as 624 Third Street. Public Hearing: TBD **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 11. Public hearing and action on an On-Off Sale Malt License application for The Clothes Line Lounge, Sarantis Theodosopoulos, owner, 727 Wilson Avenue, Brookings, South Dakota, legal description: North 100’, Lot 3, Block 1, Snyders Addition. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 12. Action on a video lottery application for The Clothes Line Lounge, Sarantis Theodosopoulos, owner, 727 Wilson Avenue, Brookings, South Dakota, legal description: North 100’, Lot 3, Block 1, Snyders Addition. Action: Motion to Approve, Request Public Comment, Roll Call 13. Public hearing and action on a temporary liquor license for George Dokken VFW Post #2118, for the 727 Transportation / DAV 7th Annual Poker Run at 300 5th Street South (National Guard Armory) on September 3, 2011. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 14. Public hearing and action on a temporary liquor license for Ray’s Corner for an America DAV Transportation Street Dance fundraiser on September 10, 2011. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 15. Public hearing and action on Resolution 105-11, a Resolution of Intent to Extend Boundaries (to extend the municipal boundaries to include Lots C and D, Christie Addition in the NW ¼ of Section 2-T109N-R50W and Outlot C in the NW ¼ of the NW ¼ of Section 2-T109N-R50W all in the County of Brookings, State of South Dakota). Action: Open & Close Public Hearing, Motion to Approve, Roll Call 16. RECONSIDERATION of Ordinance No. 13-11: An ordinance rezoning the west 1,115 feet of the east 1,338 feet of the north 1,409 feet, excluding Lot C, Christie Addition and Outlots A, 1A, B, and 1B thereof; and the west 1,085 feet of the east 1,342 feet of the south 193 feet of the north 1,608 feet all in the NW¼ of Section 2-T109N-R50W from an A Agricultural District to a Residence R-3 District (20th Street South and Main Avenue South area). Action: Motion to reconsider action to send issue to the Planning Commission. Open & Close Public Hearing, Motion to Approve, Roll Call 17. Public hearing and action on Resolution No. 106-11, a Resolution Amending the City of Brookings Vision 2020 Comprehensive Plan. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 18. Presentation and public hearing on a request for an On-Sale Liquor Operating Agreement by W & P of Brookings, LLC, Todd and Susan LaHaise, owners, dba Buffalo Wild Wings Bar & Grill, 1721 6th St., Brookings, South Dakota, legal description: Lot 6, Village Square Addition. Action: Open & Close Public Hearing 19. Discussion and possible action on Resolution No. 107-11, a Resolution Establishing the License Fee for the Issuance of Operating Agreements in the City of Brookings (this resolution would rescind Resolution No. 38-11, adopted March 22, 2011). Action: Motion to Approve, Request Public Comment, Roll Call 20. Discussion and possible action on Resolution No. 108-11, a Resolution authorizing the City Manager to enter into an operating agreement with one of the following applicants for a term of one or ten years: A. Gonz Productions, Inc., dba Main Street Pub & Grill, 408 Main Avenue, Lot 5, Block 7, Original Plat Addition, Garner Hansen, owner. B. Old Market, LLC, dba Old Market Eatery, 424 5th Avenue, Lots 15-18, Block 7, Original Plat Addition, Katie Knutson and Jael Thorpe, owners. C. Brookings Steakhouse LLC, dba Whiskey Creek Steakhouse, SE corner of Block One (1), Wiese Addition (corner of Highway 14 and 32nd Avenue), James Gardner, owner. D. W & P of Brookings, LLC, dba Buffalo Wild Wings Bar & Grill, 1721 6th St., Lot 6, Village Square Addition, Todd and Susan LaHaise, owners. Action: Motion to Approve, Request Public Comment, Roll Call Other Business 21. Discussion and possible action on installing sidewalks in the City of Brookings in areas that do not currently have sidewalks. Action: Motion to Approve, Request Public Comment, Roll Call 22. Adjourn. 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 of Brookings August 23, 2011 5 4:00 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. Proposed 2012 Budget We are scheduled to resume our discussions about the proposed 2012 budget for this coming work session beginning at 4:00 p.m. To date, you have reviewed the revised five-year Capital Improvement Plan (CIP) and the departmental operating budgets. At this meeting, we are scheduled to discuss specific capital expenditure items which make up the Public Improvement Fund (75% second penny). Staff needs specific direction from the Council about project prioritization, scheduling, and financing of several items in the CIP. Enclosed are the Cash Flow and Historical Data for the Sales Tax Funds and the Debt Worksheet. We have also provided an overview of the 2012 Draft Budget summarizing the revenue and expenditures by type, a summary of Governmental Funds and business-type funds. The detailed Capital Improvement Plan for the Airport was supplied by Helms & Associates, Inc. In addition to these items, we certainly can discuss other items in the operating budgets and return to budget items presented at the last meeting, as well as any part of the budget you wish to discuss. Please remember to bring your budget books again to this session. The proposed 2012 City of Brookings Budget 5-Year Capital Improvement Plan are available on the front page of the City’s website: www.cityofbrookings.org City of Brookings August 23, 2011 42 4:00 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. 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 Niemeyer 2. Council Member Corbett Brookings Health Systems Board: 1. Council Member Kubal 2. Council Member McClemans City of Brookings August 23, 2011 43 4:00 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. Joint Powers Board Council Members’ 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 of Brookings August 23, 2011 44 4:00 P.M. WORK SESSION Work Sessions are open to the public. During the work session the city staff would brief the council on items for that particular meeting, introduce future topics, and provide a time for Council members to introduce topics. 4 City Council member 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 of Brookings August 23, 2011 45 4:00 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. Council Invites & Obligations. Date Day Event & Brief Description Time Location / Town / Address / Directions 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 14 Friday City of Brookings Employee Recognition Event 6:00 p.m. Swiftel Center 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 8 Thursday Mayor’s Holiday Party 5:00 p.m. – 7:00 p.m. Swiftel Center December 13 Tuesday Council Meeting 5:00 p.m. Council Chambers December 20 Tuesday Council Meeting 5:00 p.m. Council Chambers 46 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 Resolution No. 100-11, a Resolution authorizing the Mayor to Sign a Memorandum of Understanding with South Dakota State University on the Gateway Project. D. Action on Resolution No. 101-11, a Resolution authorizing the Mayor to Sign an Agreement for Federal Aviation Administration Grant, AIP #3-46-0005-024-2011 (Administrative Record and Airport Layout Plan with Approach Surveys). E. Action on Resolution No. 102-11, a Resolution authorizing Change Order No. 2 (CCO#2) for 2011-07STI Main Avenue and Front Street Project, Bowes Construction Inc. (under $5,000 increase). Motion to Approve, Request Public Comment, Roll Call Open Forum/Presentations/Reports 5. Open Forum. 6. SDSU Student Senate Report. Contract Awards / Change Orders 7. Action on Resolution No. 103-11, a Resolution awarding the contract for the 2011-01 Gateway Project. Action: Motion to Approve, Request Public Comment, Roll Call 8. Action on Resolution No. 104-11, a Resolution awarding the contract for padded banquet chairs for the Swiftel Center. Action: Motion to Approve, Request Public Comment, Roll Call First Readings 9. Ordinance No. 14-11: An Ordinance rezoning the east 230 feet of Block 5, Mayland’s First Addition and the west half of the abutting vacated street from a Business B-2A District to a Residence R-3 District (2300 block, Yorkshire Drive). Public Hearing: September 13th 10. Ordinance No. 15-11: An ordinance pertaining to an application for a Conditional Use for an office in the Residence R-2 District, Lots 1 and 2, Block 8, Second Addition, also known as 624 Third Street. Public Hearing: TBD Second Readings / Public Hearings 11. Public hearing and action on an On-Off Sale Malt License application for The Clothes Line Lounge, Sarantis Theodosopoulos, owner, 727 Wilson Avenue, Brookings, South Dakota, legal description: North 100’, Lot 3, Block 1, Snyders Addition. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 12. Action on a video lottery application for The Clothes Line Lounge, Sarantis Theodosopoulos, owner, 727 Wilson Avenue, Brookings, South Dakota, legal description: North 100’, Lot 3, Block 1, Snyders Addition. Action: Motion to Approve, Request Public Comment, Roll Call 13. Public hearing and action on a temporary liquor license for George Dokken VFW Post #2118, for the 727 Transportation / DAV 7th Annual Poker Run at 300 5th Street South (National Guard Armory) on September 3, 2011. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 47 14. Public hearing and action on a temporary liquor license for Ray’s Corner for an America DAV Transportation Street Dance fundraiser on September 10, 2011. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 15. Public hearing and action on Resolution 105-11, a Resolution of Intent to Extend Boundaries (to extend the municipal boundaries to include Lots C and D, Christie Addition in the NW ¼ of Section 2-T109N-R50W and Outlot C in the NW ¼ of the NW ¼ of Section 2-T109N-R50W all in the County of Brookings, State of South Dakota). Action: Open & Close Public Hearing, Motion to Approve, Roll Call 16. RECONSIDERATION of Ordinance No. 13-11: An ordinance rezoning the west 1,115 feet of the east 1,338 feet of the north 1,409 feet, excluding Lot C, Christie Addition and Outlots A, 1A, B, and 1B thereof; and the west 1,085 feet of the east 1,342 feet of the south 193 feet of the north 1,608 feet all in the NW¼ of Section 2-T109N-R50W from an A Agricultural District to a Residence R-3 District (20th Street South and Main Avenue South area). Action: Motion to reconsider action to send issue to the Planning Commission. Open & Close Public Hearing, Motion to Approve, Roll Call 17. Public hearing and action on Resolution No. 106-11, a Resolution Amending the City of Brookings Vision 2020 Comprehensive Plan. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 18. Presentation and public hearing on a request for an On-Sale Liquor Operating Agreement by W & P of Brookings, LLC, Todd and Susan LaHaise, owners, dba Buffalo Wild Wings Bar & Grill, 1721 6th St., Brookings, South Dakota, legal description: Lot 6, Village Square Addition. Action: Open & Close Public Hearing 19. Discussion and possible action on Resolution No. 107-11, a Resolution Establishing the License Fee for the Issuance of Operating Agreements in the City of Brookings (this resolution would rescind Resolution No. 38-11, adopted March 22, 2011). Action: Motion to Approve, Request Public Comment, Roll Call 20. Discussion and possible action on Resolution No. 108-11, a Resolution authorizing the City Manager to enter into an operating agreement with one of the following applicants for a term of one or ten years: A. Gonz Productions, Inc., dba Main Street Pub & Grill, 408 Main Avenue, Lot 5, Block 7, Original Plat Addition, Garner Hansen, owner. B. Old Market, LLC, dba Old Market Eatery, 424 5th Avenue, Lots 15-18, Block 7, Original Plat Addition, Katie Knutson and Jael Thorpe, owners. C. Brookings Steakhouse LLC, dba Whiskey Creek Steakhouse, SE corner of Block One (1), Wiese Addition (corner of Highway 14 and 32nd Avenue), James Gardner, owner. D. W & P of Brookings, LLC, dba Buffalo Wild Wings Bar & Grill, 1721 6th St., Lot 6, Village Square Addition, Todd and Susan LaHaise, owners. Action: Motion to Approve, Request Public Comment, Roll Call Other Business: 21. Discussion and possible action on installing sidewalks in the City of Brookings in areas that do not currently have sidewalks. Action: Motion to Approve, Request Public Comment, Roll Call 22. Adjourn. City of Brookings August 23, 2011 48 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 Resolution No. 100-11, a Resolution authorizing the Mayor to Sign a Memorandum of Understanding with South Dakota State University on the Gateway Project. D. Action on Resolution No. 101-11, a Resolution authorizing the Mayor to Sign an Agreement for Federal Aviation Administration Grant, AIP #3-46-0005-024-2011 (Administrative Record and Airport Layout Plan with Approach Surveys). E. Action on Resolution No. 102-11, a Resolution authorizing Change Order No. 2 (CCO#2) for 2011-07STI Main Avenue and Front Street Project, Bowes Construction Inc. (under $5,000 increase). *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 of Brookings August 23, 2011 49 CONSENT AGENDA #4 B. Action to approve City Council Minutes. The draft August 9th Brookings City Council minutes are enclosed for Council review and approval. City of Brookings August 23, 2011 50 Brookings City Council August 9, 2011 (unapproved) The Brookings City Council held a meeting on Tuesday, August 9, 2011 at 4:30 p.m., at City Hall with the following members present: Mayor Tim Reed, Council Members John Kubal, Mike McClemans, Tom Bezdichek (arrived 4:55 pm), Ope Niemeyer (arrived 4:49 pm), Jael Thorpe and Keith Corbett. City Attorney Steve Britzman, City Manager Jeff Weldon and City Clerk Shari Thornes were also present. Proposed 2012 Budget. City Manager Jeff Weldon reviewed the proposed 2012 budget. There was Council consensus to also start early on August 23rd and hold an additional meeting before September 13th if needed. REGULAR MEETING. Consent Agenda. The Gas N’ Mor video lottery application was removed from the agenda. Resolution No. 93-11 was removed from consent for separate discussion and action. A motion was made by Kubal, seconded by Corbett, to approve the consent agenda: A. Action to approve the agenda as amended. B. Action to approve the July 26th Council minutes. C. Action on Resolution No. 90-11, a Resolution authorizing the City Manager to sign a midterm renewal / WINE Operating Agreement for Bravo’s, 610 Medary Avenue. Resolution No. 90-11 - BraVo’s Operating Agreement Renewal - Wine Be It Resolved By the City of Brookings, South Dakota, that the City Council hereby approves a Lease Renewal Agreement for the Operating Wine Management Agreement between the City of Brookings and Kip Pharis, BraVo’s, 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 610 Medary Avenue, also known as BraVo’s. 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. D. Action on an Amendment to a Transfer of Real Property to Brookings Economic Development Corporation, Inc. for Economic Development Purposes. E. Action on Resolution No. 91-11, a Resolution authorizing a change order on building materials for the Forestry Dept. Pole Building Materials. Resolution No. 91-11 - A Resolution Authorizing Change Order and Final Payment for Forestry Pole Building Materials, Pro-Build Be It Resolved by the City Council that the following change order be allowed for Forestry Pole Building Materials: Change Order #1: Price adjustment for substitute insulation and change in length and dimension for 2x4 and 2x16 16 ft. BTR SDF lumber ADD $503.39. PAYMENT #2 (Final) on contract dated March 28, 2011: Bid Amount of $28,336.94, subtract Payment #1 (May 31, 2011) in the amount of $27,372.93, leaves the Balance on Contract at $963.61. Add in the change order amount of $503.39, leaves a final payment balance of $1,467.00. Payment #1 in the amount of $27,872.93 was made. Final Contract Amount is $28,839.93. On the motion, all present voted yes; motion carried. City of Brookings August 23, 2011 51 Resolution No. 93-11. A motion was made by Thorpe, seconded by Kubal, to approve Resolution No. 93-11, a Resolution rejecting bids on the Bob Shelden Restroom/Concession Building Project. All present voted yes; motion carried. Resolution No. 93-11 Resolution Rejecting Bids for Bob Shelden Field Restroom/Concession Building Whereas, the City of Brookings opened bids for the Bob Shelden Field restroom/concession building on Tuesday, July 12th at 2:00 pm at Brookings City Hall; and Whereas, the City of Brookings has received the following bids for the three prime contracts: General Construction Work: Clark Drew Construction, Brookings for $115,500; Gray Construction, Watertown for $122,200; Ron Anderson Const., Sioux Falls for $132,000; Rupp Masonry Construction, Brookings for $122,000; Daniels, Inc., Tea for $150,900. Electrical Work: Clites Electric, Brookings for $16,580; Electric Construction, Sioux Falls for $23,461; Muth Electric, Brookings for $15,669; P-3 Electric, Hayti for $21,900; Perry Electric, Brookings for $18,508. Plumbing Work: Andor, Inc., Watertown for $74,580 and Alternate #1 for $3,733; Brookings Plumbing & Heating, Brookings for $46,450 and Alternate #1 for $2,850; Hander, Inc., Sioux Falls for $53,160 and Alternate #1 for $2,975; Hurney Plumbing, Watertown for$57,822 and Alternate #1 for $3,228; Kenner Plumbing & Heating, Brookings for $51,000 and Alternate #1 for $2,425; Prairiesons, Inc., Brandon for$59,956 and Alternate #1 for $2,399; Redlinger Bros., Watertown for $58,650 and Alternate #1 for $1,860. Whereas, the Opinion of Probable Total Cost from Banner Associates was $149,000, and the combined total of the apparent low bids (General - Clark Drew Construction at $115,500; Plumbing - Brookings Plumbing & Heating at $46,450; Electrical - Muth Electric at $15,669) is $177,619. Now Therefore, Be It Resolved that all bids for the Bob Shelden Restroom/Concession Building be rejected. Resolution No. 96-11. A motion was made by Niemeyer, seconded by Corbett, to approve Resolution No. 96-11, a Resolution authorizing revisions to multiple contracts for the Joint City/County Government Center. All present voted yes; motion carried. Resolution No. 96-11 - A Resolution Authorizing Revisions to Multiple Contracts for the Joint City-County Government Center. Whereas, Brookings City and County have jointly agreed to construct and operate an intergovernmental center, and Whereas, the City Council of the City of Brookings and the County Board of Commissioners of Brookings County have mutually executed construction contracts, and Whereas, the Joint Powers Board has recommended the approval of 13 change orders to-date constituting an aggregate increase in the project of $17,873; and that the County Board has forthwith approved such change orders. City of Brookings August 23, 2011 52 Be It Resolved by the City Council that the change orders itemized and herewith described on the attached Modification Log be allowed for the Joint City-County Government Center. ASI#001: elevator shaft dimension changes, Olson Masonry, Inc. increase of $720, and Peska Construction, Inc. increase of $800, for a total of $1,520. COR#001: use cast-in-place weld plates in lieu of expoxy anchors, cancelled. COR#002: change drain tile to heavy duty material, cancelled. COR#003: credit for not having to do the shoring due to the relocated utilities in the alley, Mills Construction, Inc., decrease of $9,000. COR#004: change the late payment interest rate charge from 0% to 4% to match State Law, Gil Haugan Construction, Inc. COR#005: mechanically fasten the roof insulation in lieu of adhering, Guarantee Roofing & Sheet Metal, decrease of $6,221. COR#006: fix leak at water service, Mills Construction, Inc. increase of $1,934. COR#007: include the pre-award conference meeting minutes as part of the contract, Fox Drywall & Plastering, Inc. COR#008: added labor for (2) access panels in foundation wall not shown on BP#1 documents, Peska Construction, Inc., increase of $345. RFP#001: provide a geotextile fabric in the parking lot to help stabilize the soil during the wet conditions as recommended by the Engineer, Mills Construction, Inc. increase of $14,398, Peska Construction, Inc. $0, for a total of $14,398. RFP#002: provide pumping of concrete lieu of driving concrete trucks in the building excavation, Peska Construction, Inc. increase of $3,824. RFP#003: delete west side fire hydrant and associated accessories, Mills Construction, Inc., decrease of $4,735. RFP#004: sump pit relocation/clarification and addition, and added piping and valves, American Electric Construction, increase of $1,378, and Krier and Blain, Inc. increase of $14,430, for a total of $15,808. Resolution No. 92-11. A motion was made by Kubal, seconded by McClemans, to approve Resolution No. 92-11, a Resolution awarding the contract for the purchase of an Animal Control Pickup from Brookings Auto Mall, Brookings, SD in the amount of $27,530. All present voted yes; motion carried. Resolution No. 92-11 - Purchase of Animal Control Pickup Whereas, the City of Brookings opened bids for the purchase of a 2011 ½ ton 4x4 Animal Control Pickup on Tuesday, July 26, 2011 at 1:30 pm at Brookings City Hall; and Whereas, the City of Brookings received one bid from the following: Brookings Auto Mall, Brookings, SD in the amount of $27,530. Now Therefore, Be It Resolved that the low bid of $27,530 from Brookings Auto Mall, Brookings, SD be accepted. Resolution No. 95-11. A motion was made by Thorpe, seconded by Corbett, to approve Resolution No. 95-11, a Resolution awarding the contract for the Airport Building Addition Project, 2011-03 BLD, to Clark Drew Construction, Inc., Brookings, SD, in the amount of $93,000. All present voted yes; motion carried. Resolution No. 95–11 - Resolution Awarding Bids on Project 2011-03BLDAirport Building Addition Project Whereas, the City of Brookings opened bids for Project 2011-03BLD Airport Building Addition Project on Tuesday, August 2, 2011 at 1:30 pm at Brookings City Hall; and Whereas, the City of Brookings has received the following bids for Project 2011-03BLD Airport Building Addition Project: Clark Drew Construction, Inc., Brookings, SD in the amount of $93,000. Now City of Brookings August 23, 2011 53 Therefore, Be It Resolved that the low bid of $93,000.00 for Clark Drew Construction, Inc., Brookings, SD be accepted. Ordinance No. 13-11. A public hearing was held on Ordinance No. 13-11, an Ordinance rezoning the west 1,115 feet of the east 1,338 feet of the north 1,409 feet, excluding Lot C, Christie Addition and Outlots A, 1A, B, and 1B thereof; and the west 1,085 feet of the east 1,342 feet of the south 193 feet of the north 1,608 feet all in the NW¼ of Section 2-T109N-R50W from an A Agricultural District to a Residence R-3 District (20th Street South and Main Avenue South area). Council Member Niemeyer recused himself due to personal conflict of interest. It was noted a two-thirds majority of Council (five of six voting members) would be required to override the Planning Commission and approve this request. Public Hearing: Wayne Wagner, developer, spoke in favor of the request. Jeromy Pankratz, representing Mel Thorne, John Mills, Mike Johnson and Dave Fiedler spoke against the request. Pankratz submitted a petition signed by seven property owners located within the area indicating they never agreed to amend or change in any manner any covenants of the Declaration of Covenants and Restrictions to run with the land as drawn by Calvin B. Christie and Alta M. Christie on April 23, 1975. ACTION: A motion was made by Reed, seconded by Bezdichek, to send Ordinance No. 13-11 back to the Planning Commission due to density concerns. All present voted yes; except Niemeyer abstained, motion carried. Resolution No. 97-11. A public hearing was held on Resolution No. 97-11, a Resolution amending the Vision 2020 Comprehensive Plan, pertaining to the Future Land Use Plan. Public Hearing: Larry Fjeldos spoke regarding the request. ACTION: A motion was made by Reed, seconded by Thorpe, to deny Resolution No. 97-11. All present voted yes; motion carried to deny. A motion was made by McClemans, seconded by Bedzichek, to send to the Planning Commission a request to convert the four and one-half block area from Medary Avenue to alley east of 14th Avenue, between 6th Street & 7th Street, to a Planned Development District (PDD) with consideration of B2 district regulations. All present voted yes; motion carried. Discussion regarding Restaurant Liquor License Fees. Council Member Thorpe recused herself due to personal conflict. Britzman reviewed the following SDCL 35-4-120 as the requirements for the council’s decision on setting a restaurant liquor license fee. “35-4-120.d Certain licensees to report amount paid for other licenses--Objection to report--Hearing--Appeal. Upon the adoption of an ordinance pursuant to § 35-4-111, any person who purchased an on-sale license issued pursuant to subdivision 35-4-2(4) or (6) between January 1, 2003, and January 1, 2008, and who owned the license on January 1, 2008, shall report to the municipality or county that issued the license the amount paid for the license. If the municipality or county that issued the on-sale license adopts an ordinance pursuant to § 35-4-111, and requests from any other licensee the amount originally paid for any other on-sale license pursuant to § 35-4-117, the licensee shall report that amount to the municipality or county. The declared purchase price shall be made under oath and shall City of Brookings August 23, 2011 54 include the documents establishing the amount paid for the on-sale license. If the transaction included other personal property or real property, the full market value of such property on the date of the transaction shall be deducted from the total purchase price to establish the amount paid for the license. The person who owned the license on January 1, 2008, has the burden of establishing the amount paid for the license. If the amount reported is used to determine current fair market value pursuant to § 35-4-117, any licensee who contends that the amount does not accurately reflect the fair market value of the license on the date of purchase may file an objection to the report. The objection shall be filed with the municipality or county within thirty days of the date the license fee is set pursuant to § 35-4-116. If an objection is filed, the governing board of the municipality or county shall conduct a hearing to determine the fair market value of the license. The determination of the governing board may be appealed to circuit court.” This statute provides guidance and any other evidence the council feels is appropriate to consider in setting the license fee, which is based on fair market value paid for the last license sold in the municipality prior to January 1, 2008. Britzman said the City has received a document that provides information in response in to this statute. He distributed the documents and noted the sensitivity of a private transaction being used to set a fee, but said there is an understanding this information is necessary and required in order to set the fee and believed there was no objection to using this information in the public meeting. He said there is no statutory manner to avoid this public disclosure. Britzman also reviewed a Declaratory Ruling from the State Department of Revenue dated October 24, 2008. In 2008, interested parties had questions about the procedure and how to apply restaurant license statutes. In response, the State Department of Revenue held a hearing and covered several scenarios raised by interested parties. He referenced three scenarios to help the Council in reaching a determination. #7 fact scenario: In 2003, a licensee acquired an on-sale license by purchasing shares of stock of a corporation that owns a bar. In addition to the license, the corporation's assets included real property, equipment, furnishings, fixtures and inventory. The stock purchase agreement shows the purchase price for the stock was $500,000. The agreement does not allocate any amount of the purchase price to the liquor license or any other asset of the corporation. Question: What documents or other evidence can the licensee use to establish the value of the real and personal property included in the transaction for purposes of reporting the "documented price" of the license under SDCL 35-4-117? Ruling: The licensee could use an appraisal, or any other documents they or the city/county deem sufficient to determine current fair market value as defined by SDCL 3 5-4-117. SDCL 3 5-4-117 places the responsibility for setting the price of a new full-service restaurant license on the municipality or county at or above current fair market value, but not less than the minimum on-sale license fee established pursuant to SDCL 35-4-2(4) or (6). The Department is without authority to restrict municipalities or counties in the method(s) they use to determine current fair market value. #8 fact scenario: On December 31, 2007, a licensee acquired an on-sale license by purchasing the assets of a corporation that owns a bar. In addition to the license, the City of Brookings August 23, 2011 55 corporation's assets included real property, equipment, furnishings, fixtures and inventory. The asset purchase agreement shows that the total purchase price for the assets was $500,000. The agreement allocates $100,000 of the purchase price to the liquor license and the balance among the other assets of the corporation. Therefore, the licensee reported to the municipality that he paid $100,000 for the license. Other licensees who acquired on-sale licenses in 2007 all reported to the municipality that they paid over $200,000 for their licenses. The municipality set the price of new full-service restaurant licenses at $100,000 based on the definition of "current fair market value" in SDCL 35-4- 117. Section 8 of SB 126 provides that "[a]ny licensee contesting the fair market value of the real and personal property may appeal the valuation to circuit court." Section 8 of SB 126 was omitted from the Statutory Provisions. Question: Can other licenses contest the reported valuation of the on-sale license that was acquired on December 31, 2007? If so, what is the procedure for contesting the valuation of a license? Ruling: Yes, SDCL 35-4- 2.10 allows "any" licensee to contest the fair market value determination of the real and personal property to circuit court. #9 fact scenario: A licensee reported to the municipality the amount it paid for its on-sale license in accordance with the provisions of SDCL 3 5-4-117. Question: Is the licensee required to report the purchase price under oath? Is the licensee required to submit any documentation to establish the amount it paid for the license? If so, what documents are required? Are such documents and other information submitted by the licensee open to the public for inspection? Ruling: Yes, SDCL 35-4-2.10 requires such information to be reported under oath, and requires inclusion of documents which establish the amount paid for the on-sale license. Sufficient documentation shall be determined by the municipality or the county. Absent clear law regarding the confidentiality of the documents and information submitted, such documents and information would be open for public inspection. Britzman reviewed the Chevy/Nine Bar and Nightclub documents provided by the licensee, Gus Theodosopoulos. If the Council needs additional documents or time, he advised there is an appraisal that could be utilized if the Council feels it would be helpful in making the determination. The affidavit and all documents submitted comply with the intent and requirements of the statute. The affidavit submitted cited fair market value of $194,000 for the on-sale license. He reviewed assets enumerated in the Addendum to the Purchase Agreement and noted there was not a valuation breakdown of the $100,000 allocation for the alcohol beverage license, video lottery and covenant not to compete. He noted the licensee holds a different opinion as to what they believe the value of the license would be. These documents are subject to interpretation by the Council. If the Council may request any additional documentation or any other evidence. As far as making a decision, that is up to the Council if additional time is needed to reflect and that would also be appropriate. He also reviewed the Purchase Agreement, noting the purchase price as the most important item with respect to the relevance of this discussion. It further makes reference to the personal property list and the addendum. An appraisal would be available if helpful or necessary. City of Brookings August 23, 2011 56 Britzman requested a copy of the deed to determine if the parties had allocated a price to the real estate. The price is evidenced by the $240 transfer fee, which would represent a $1.00 per $1,000 of value, giving some indication the real estate was sold for $240,000. That has to be reported accurately, so he felt this would be a pretty accurate indication of what the selling price of real property would be. ACTION: A motion was made by Reed, seconded by Bezdichek, to approve Resolution No. 98-11 and set the fee at $85,000. Licensee Summary: Don McCarty, attorney representing the licensee, provided a breakdown of the $750,000 purchase price with $240,000 for real estate, $316,000 for equipment and inventory resulting in $194,000 as a liquor license value based on this sale. He said an appraisal was done before the sale for bank financing purposes. An objective third party ordered an appraisal of this business in its entirety and set the value of the license alone at $125,000. The appraisal information was disclosed to the city attorney. The reason for not providing the appraisal at this time, as per the Declaratory Ruling, there are no good confidentiality rules on what happens with that information once it’s provided to the City Council. If provided, it automatically becomes public record including profit and loss statements, tax records and other private financial information. The licensee does not have any objection to producing it if there’s an objection filed with regard to the value. He noted the appraisal exists and could be provided at any time. In addition to the $125,000 appraisal, McCarty noted Watertown’s restaurant fee is above $100,000, Vermillion’s is slightly below, and a $100,000 value was, at one point, recommended by the City Attorney and City Manager for the value of these licenses. The allocation attached to the purchase agreement was done for tax purposes for the benefit of one party or the other. His clients were trying to be forthright with the city when the request went out and the statement of $194,000 was essentially the remaining amount after real estate and tangible personal property. He noted his clients have never tried to take a hard line with the price, but rather tried to give all information needed to help establish a price. He referred to Declaratory Ruling scenario No. 7 provides use of an appraisal as a document to be used in the process. Number 8 cites use of an allocation without benefit of an appraisal. He noted the Council’s decision is between both scenarios because they have an appraisal and an allocation. He noted there is an appraisal of $125,000 for the license alone. With regard to video lottery, here may have been a moratorium, but the law has never changed in the state of South Dakota. A liquor license holder automatically has video lottery and the moratorium never applied to that. It has been challenged and dealt with. He encouraged review of the statutes as a whole, noting SDCL 35-4-117 which says it cannot be less than fair market value. He said the Legislature is essentially saying the only way you can go wrong is by setting the price too low. It cannot be less than fair market value. You can’t be wrong under the state law by setting it too high; the Council cannot be challenged legally for setting the price too high. The only way you get challenged legally is if it’s below fair market value. He referred the Council to the continuum of the values he previously illustrated ($125,000-$100,000), the further to the right exponentially City of Brookings August 23, 2011 57 increases the likelihood of a challenge for the value. In this case, a business was sold and the only thing that business (Chevy Lounge) did was sell liquor. The Chevy Lounge was sold for $750,000. If license fee is set at $85,000, the license value would be slightly over 10 percent of the total purchase price. NOTE: A lengthy discussion ensued between the City Council, the licensee’s attorney and other members of the public. For a full review of that discussion, members of the public may view the official video recording of the City Council meeting in its entirety on the city website or on disk. ACTION: A motion was made by McClemans, seconded by Niemeyer, to amend the price at $100,000. On the motion; Kubal, McClemans, Niemeyer, and Reed voted yes; Bezdichek and Corbett voted no; motion carried to amend. On the original motion as amended, all present voted yes, except Bezdichek voted no; MOTION CARRIED. Reed requested additional Council review on August 23rd of the price set for the three new operating agreements. Resolution No. 98-11 - A Resolution Establishing the Fee for the Issuance of Full-Service Restaurant On-Sale Licenses in the City of Brookings Be It Resolved by the City Council of the City of Brookings, South Dakota as follows: Whereas, the State of South Dakota has authorized municipalities to issue full-service restaurant on-sale licenses pursuant to SDCL 35-4-110 through 35-4-120; and Whereas, as required by State law, the license fee charged for a Full-Service Restaurant On-Sale License shall be set at or above the current fair market value for such license, based upon the documented price of the On-Sale License most recently sold between January 1, 2003 and January 1, 2008, through an arm's-length transaction; and Whereas, the license fee charged for a Full-Service Restaurant On-Sale License as provided herein is based upon the foregoing statutes, and it has been determined that the City of Brookings is required to recognize transfers of its Operating Agreements during the period between January 1, 2003 and January 1, 2008, and the City of Brookings, in compliance with that determination, evaluated documents establishing the amount paid for the Operating License under the procedure set forth in SDCL 35-4-120; and Whereas, in accordance with SDCL 35-4-117, the City of Brookings has received and has thoroughly reviewed documentation of the price attributed to the sale and transfer of an Operating Agreement to Gus Theodosopoulos, which is the most recent transaction occurring between January 1, 2003 and January 1, 2008; and Whereas, the documented price set forth in the Gus Theodosopoulos Purchase Agreement is determined to be $100,000, which constitutes the fair market value to be utilized as the minimum price of a Full-Service Restaurant On-Sale License in the City of Brookings. City of Brookings August 23, 2011 58 Now, Therefore, Be It Resolved that the fee for the issuance of Full-Service Restaurant On-Sale Licenses in the City of Brookings shall be One Hundred Thousand Dollars ($100,000.00). Resolution No. 94-11. Representatives for Brookings Steakhouse LLC (applied for), dba Whiskey Creek Steakhouse, SE corner of Block 1, Wiese Addition (corner of Highway 14 and 32nd Avenue), gave a presentation on their application for an On-Sale Liquor Operating Agreement. No action was taken. Adjourn. A motion was made by Reed, seconded by Kubal, to adjourn. All present voted yes; motion carried. Meeting adjourned at 10:09 p.m. CITY OF BROOKINGS ATTEST: Tim Reed, Mayor Shari Thornes, City Clerk City of Brookings August 23, 2011 59 CONSENT AGENDA #4 C. Action on Resolution No. 100-11, a Resolution authorizing the Mayor to Sign a Memorandum of Understanding with South Dakota State University on the Gateway Project. The City of Brookings and South Dakota State University are making “gateway” improvements to the community and campus. The proposed improvements are located on property under the authority of the City of Brookings and South Dakota State University. While the improvements are beneficial to both parties, it is desirous to execute a Memorandum of Understanding between the two entities to identify the agreement and obligations to each respective entity. The Memorandum of Understanding acknowledges the coordinated efforts between the two entities and identifies the locations where the monument- style signs will be located. The memorandum and exhibits are attached for your review. City of Brookings August 23, 2011 60 Resolution No. 100-11 Resolution Authorizing Mayor to Sign Memorandum of Understanding with South Dakota State University on Gateway Project Whereas, the City of Brookings and South Dakota State University have cooperatively planned for the construction of gateway improvements to the campus and community; Whereas, the proposed improvements will be located on land under control of the City of Brookings and South Dakota State University; Now, Therefore, Be It Resolved that the Mayor of the City of Brookings is authorized to sign a Memorandum of Understanding by and between the City of Brookings, South Dakota and South Dakota State University. Passed and approved this 23rd day of August 2011. CITY OF BROOKINGS ____________________________ Tim Reed, Mayor ATTEST: ________________________ Shari Thornes, City Clerk City of Brookings August 23, 2011 61 MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF BROOKINGS, SOUTH DAKOTA AND SOUTH DAKOTA STATE UNIVERSITY _______________________ RECITALS WHEREAS, the City of Brookings, by virtue of the power granted to municipalities under SDCL §9-12-4 and §9-12-5, has the power to enter into an agreement with the State of South Dakota, and with any authorized agency of the State, to carry out any authorized municipal function, upon the terms and in the manner provided by Resolution of the governing body of the municipality; and, WHEREAS, South Dakota State University (“SDSU”) and the City of Brookings are making “gateway” improvements to the campus and to the community; and WHEREAS, the City of Brookings desires to construct upon the SDSU campus, two monument- style City signs, (one of which is to be located near the South Dakota State University gateway sign on Medary Avenue, and the other to be located on the west side of 22nd Avenue and the Highway 14 Bypass), to welcome visitors to the community; and, WHEREAS, South Dakota State University desires to install a monument sign on the east side of Medary Avenue which will be installed partially on city-owned right-of-way; and WHEREAS, in order to recognize the cooperative effort of the City of Brookings and South Dakota State University for the placement of the gateway signs upon the campus of SDSU and within the City of Brookings right-of-way, the parties have executed this Memorandum of Understanding to reduce to writing the agreement and obligations of the parties with respect to the signs. NOW, THEREFORE, this Memorandum of Understanding is entered into by and between the City of Brookings and South Dakota State University, to set forth in writing the terms of the cooperative arrangement concerning the City and SDSU gateway signs as described herein: 1. South Dakota State University and the City of Brookings authorize each other to install and operate three “gateway” signs upon the SDSU campus and the City of Brookings right-of-way at mutually agreed locations, two of which will be located along Medary Avenue, north of North Campus Drive, and the other to be located on the west side of 22nd Avenue and the Highway 14 Bypass. There will be no cost for use of the land upon which the signs and their complimentary landscaping are located. 2. Each party is responsible for all costs associated with purchasing, constructing, installing, maintaining and using their respective signs described in this Agreement. 3. Both parties agree to indemnify, hold harmless and defend each other from all liability and claims that may arise from both parties for construction, use, maintenance, and ownership of the signs described herein. City of Brookings August 23, 2011 62 This Memorandum of Understanding for the intergovernmental cooperation and use of the gateway signs to be constructed upon the campus of South Dakota State University is executed by the City of Brookings and South Dakota State University and is accepted and agreed to by each party. Dated this 23rd day of August, 2011. SOUTH DAKOTA STATE UNIVERSITY By: David Chicoine, President CITY OF BROOKINGS, SD By: Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk US Highway 14 Bypass 22nd AvenueCity of Brookings Gateway Sign City of Brookings August 23, 2011 65 CONSENT AGENDA #4 D. Action on Resolution No. 101-11, a Resolution authorizing the Mayor to Sign an Agreement for Federal Aviation Administration Grant, AIP #3-46-0005-024-2011 (Administrative Record and Airport Layout Plan with Approach Surveys). The City Council has determined the Brookings Regional Airport improvements will occur at the current airport location and the next step in the process is to complete the New Airport Layout Plan and Approach Survey. Helms & Associates will be the engineering consultant for the next five years on projects for the Brookings Regional Airport as well as designing the Airport Layout Plan. The City Council approved Resolution No. 82-11 on July 12, 2011 which authorized professional services for the New Airport Layout plan with Approach Surveys. Helms & Associates has negotiated a contract with Aerometric; the firm which will conduct the Approach Survey. Aerometric gave a briefing, on the approach survey and what it entails, to the Airport Board and the City Council on April 28th. The City will be receiving a grant for the Administrative Record for the Environmental Assessment for the Airport Layout Plan with Approach Surveys. The anticipated amount of the grant is $342,000.00. This grant will be 95% FAA funding and 3% SD State of Aeronautics Department funding, with the City’s funding match at 2% of the project. The next steps in the airport project are to complete the No Rise Study for 6-Mile Creek, the Corps of Engineers 404 permit, land acquisition, and construction design. These upcoming tasks will be eligible for grant funding and the City is anticipating receiving future grants for these projects. A separate resolution will be presented to the City Council for these upcoming tasks. This resolution will authorize the Mayor to sign an Agreement for Federal Aviation Administration Grant Project No. AIP #3-46-0005-024-2011 for the Administrative Record and Airport Layout Plan with Approach Surveys. City of Brookings August 23, 2011 66 Resolution No. 101-11 Resolution Authorizing Mayor to Sign an Agreement for Federal Aviation Administration Grant Project No. AIP #3-46-0005-024-2011 Administrative Record and Airport Layout Plan with Approach Surveys Whereas, the Brookings City Council desires the Administrative Record for the Environmental Assessment and Airport Layout Plan with Approach Surveys; and Whereas, the City of Brookings anticipates receiving grant funding for the Administrative Record for the Environmental Assessment and the Airport Layout Plan with Approach Surveys from the Federal Aviation Administration for 95% and SD State Aeronautics Department for 3% of the allowable costs incurred in accomplishing Airport Improvement Project No. 3-46-0005-024-2011. Now, Therefore, Be It Resolved, that the Mayor is hereby authorized to sign all documents related to Federal Aviation Administration Grant Project No. AIP #3-46-0005-024-2011, Administrative Record for the Environmental Assessment and Airport Layout Plan with Approach Surveys. Passed and approved this 23rd day of August, 2011. CITY OF BROOKINGS ____________________________ Tim Reed, Mayor ATTEST: ________________________ Shari Thornes, City Clerk City of Brookings August 23, 2011 67 CONSENT AGENDA #4 E. Action on Resolution No. 102-11, a Resolution authorizing Change Order No. 2 (CCO#2) for 2011-07STI Main Avenue and Front Street Project, Bowes Construction Inc. (under $5,000 increase). This project was designed by Civil Design Inc. and entails the construction of new curb & gutter and islands at the railroad tracks on Main Avenue in preparation for the new railroad safety crossing gate project, realignment and reconstruction of Front Street between 3rd Street and Main Avenue, and the construction of the Fire Department Parking Lot, and the Park & Recreation Parking Lot. The City will be reimbursed $100,000 from the Railroad Crossing Improvement Program (RCIP) through the SD Department of Transportation for the new railroad safety crossing gates. The program’s purpose is to provide funding for the implementation of safety improvements where a public roadway intersects active railroad tracks. In the design of the project, the Front Street intersection at Main Avenue was moved to the north of its current location to provide the appropriate stacking distance on the north side of the railroad tracks. During the construction of the project, unforeseen items were discovered and are included in this change order. The Contractor planned to tap into existing underground conduit to feed the new street light locations, but discovered the existing conduit was encased in concrete and needed to be extended with additional conduit to service the light pole wiring connection. Also, an unknown sanitary sewer manhole was found under the Front Street pavement. This change order includes additional work to adjust the manhole to the proper elevation, install a new lid and extra steel reinforcing bars. The Contractor also found existing concrete pavement and concrete electrical duct along Main Avenue that needed removal for the new Front Street intersection. This change order includes the cost of removing the necessary concrete pavement and concrete duct. The total cost of these items is an addition of $2,144.00 to the contract which is summarized as follows: Original Contract Price: $377,604.58 Change from Previously Approved Change Orders (No. 1): $150.00 Contract Price Prior to this Change Order: $377,754.58 Increase of this Change Order (No. 2): $2,144.00 Contract Price incorporating this Change Order: $379,898.58 The Contractor has also requested a time extension of 7 calendar days due to a delay caused by the necessary lowering of utilities for the project, which included a large area of gas line which needed lowering for the new street grades. The deadline to open Front Street was August 15, 2011, and a seven (7) day extension will change the deadline to open Front Street August 22, 2011. The Contractor is expected to be able to meet this deadline. This resolution will approve Change Order No. 2 (CCO #2) for an increase of $2,144.00 to the contract for this project and will extend the deadline to open Front Street by seven (7) calendar days. City of Brookings August 23, 2011 68 Resolution No. 102-11 A Resolution Authorizing Change Order No. 2 (CCO#2) for 2011-07STI Main Avenue and Front Street Project Bowes Construction Inc. Be It Resolved by the City Council that the following change order be allowed for 2011-07STI Main Avenue and Front Street Project:  Construction Change Order Number 2  Adjust contract cost to install additional conduit for light pole wiring, extra work for a sanitary sewer manhole cover, and to remove concrete pavement and concrete duct work for the new Front Street intersection for a total increase $2,144.00 to the contract.  Extend the completion date to open Front Street by 7 calendar days. Passed and approved this 23rd day of August 2011. CITY OF BROOKINGS _________________________ Tim Reed, Mayor ATTEST: ____________________________ Shari Thornes, City Clerk City of Brookings August 23, 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 of Brookings August 23, 2011 70 Contract Awards / Change Orders 7. Action on Resolution No. 103-11, a Resolution awarding the contract for the 2011-01 Gateway Project. This project entails work for the general construction for multiple architectural signs to include site demolition, earthwork, cast in place concrete, stone masonry, signage, joint sealants, cast stone planters, landscaping, and electrical work. This project was bid as a lump sum project with a deduct for Alternate No. 1 (Gateway Property Improvements), and unit prices for individual items which may have changing quantities. The bids were advertised in the Brookings Register on August 5th and 12th with the bid letting to be held August 19, 2011. The bid tabulations and recommendation will be available for the City Council Meeting. We budgeted $871,500 in 2011 for the first phase of the Gateway Project. Priority project sites are identified at the EdgeBrook Golf Course, Innovation Campus, and Medary Avenue. These three locations have a substantial completion date of December 1, 2011. The remaining sign locations have a completion date of June 30, 2012. City Manager Introduction Action: Motion to Approve, Request Public Comment, Roll Call City of Brookings August 23, 2011 71 Contract Awards / Change Orders 8. Action on Resolution No. 104-11, a Resolution awarding the contract for padded banquet chairs for the Swiftel Center. Three bids were received at the bid letting held August 9th for the purchase of 400 padded banquet chairs and 4 dolly carts: Institutions Services, Sioux Falls, SD: $28,413.00 Central Business Supply, Inc., Brookings, SD: $31,530.00 Hussey Seating, North Berwick, ME: $43,446.45 The low bid is approximately 19% less than the estimated $35,000. The money for this project is located within the Swiftel Center’s Capital Improvement Budget. The recommendation is to award the contract to the low bidder, Institutions Services, Sioux Falls, SD in the amount of $28,413.00. Resolution No. 104-11 Purchase of Padded Stacking Banquet Chairs Whereas, the City of Brookings opened bids for the purchase of Padded Stacking Banquet Chairs on Tuesday, August 9, 2011 at 1:30 pm at Brookings City Hall; and Whereas, the City of Brookings received three bids from the following: Institutions Services, Inc., Sioux Falls, SD in the amount of $28,413.00; Central Business Supply, Inc., Brookings, SD in the amount of $31,530.00; and Hussey Seating, North Berwick, ME in the amount of $43,446.45. Now Therefore, Be It Resolved that the low bid of $28,413.00 from Institutions Services, Inc., Sioux Falls, SD be accepted. Passed and approved this 23rd day of August, 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 of Brookings August 23, 2011 72 First Readings** 9. Ordinance No. 14-11: An ordinance rezoning the east 230 feet of Block 5, Mayland’s First Addition and the west half of the abutting vacated street from a Business B-2A District to a Residence R-3 District (2300 block, Yorkshire Drive). Public Hearing: September 13, 2011 **No vote is taken on the first reading of an Ordinance. The title of the Ordinance is read and the date for the public hearing is announced. Applicant: Brookings Health System/City of Brookings Proposal: Rezone 1.75 acres to a high-density residential use Background: This area was originally zoned R-3. In 1977, it was rezoned to B-2A along with the Yorkshire Clinic land. Briarwood Avenue was vacated in 1996. The intersection with Yorkshire Drive is still evident in the field. Specifics: The site is currently undeveloped, but the hospital uses it as a materials storage area during construction projects. R-3 zoning exists to the south and east of the lot. The Brookview Manor parking lot and helipad are to the north. Personal health services and apartments are the two dominant land uses in this area. The 1.75 acre parcel would be expected to accommodate about 30 dwelling units, but the actual building and site design could change that. Recommendation: The Planning Commission voted 6 yes and 0 no on the motion to approve. Therefore, their recommendation is to approve the petition. City of Brookings August 23, 2011 73 Ordinance No. 14-11 An Ordinance to Change the Zoning within the City of Brookings Be it ordained by the governing body of the City of Brookings, South Dakota, Section 1. That the real estate situated in the City of Brookings, County of Brookings, State of South Dakota, described as follows: The east 230 feet of Block 5, Maylands First Addition and the west half of the abutting vacated street be and the same is hereby rezoned and reclassified from a Business B-2A District to a Residence R-3 District. In accordance with Section 94.7 of Article I of Ordinance No. 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: August 23, 2011 Second Reading & Adoption: Published: CITY OF BROOKINGS ______________________________ Tim Reed, Mayor ATTEST: _________________________ Shari Thornes, City Clerk City of Brookings August 23, 2011 78 Planning Commission Brookings, South Dakota August 2, 2011 OFFICIAL MINUTES Chairperson Al Heuton called the regular meeting of the City Planning Commission to order on August 2, 2011, at 7:00 PM in the Council Chamber at City Hall. Members present were Wayne Avery, Donna DeKraai, Greg Fargen, Alan Gregg, John Sydow, and Heuton. Hal Bailey, Mike Cameron, and John Gustafson were absent. Others present were Wayne Wagner, John Mills, Rick Ribstein, Kelly Tilman, Bob Fishback, Doris Roden, Elizabeth Gabriella, Pat Fishback, Nick Wendel, Don Iverson, Community Development Director Mike Struck, City Engineer Jackie Lanning, City Manager Jeff Weldon, Planning and Zoning Administrator Dan Hanson, and others. Item #5 – Brookings Health System/City of Brookings has submitted a petition to rezone the east 230 feet of Block 5, Maylands First Addition and the west half of the abutting vacated street from a Business B-2A District to a Residence R-3 District. (DeKraai/Fargen) Motion to approve the rezoning. All present voted aye. MOTION CARRIED. SUMMARY OF DISCUSSION Item #5 – Hanson summarized the issues pertaining to the request. He indicated that personal health services and apartments were common land uses in the area. Fargen asked what the planned use was. Hanson replied elderly housing. City of Brookings August 23, 2011 79 Sec. 94-127. RESIDENCE R-3 APARTMENT DISTRICT (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 and sororities 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-3 Apartment 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 (d) Permitted Special Uses. A building or premises may be used for the following purposes in conformance with the conditions prescribed herein: 1. All permitted special uses and conditions as stated in Section 94-124(d)(R-1A). 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 (R-2), excluding single-family zero (0') side yard dwelling and family day care. 4. Day care facility. a. A 4-foot high transparent fence shall be constructed between the play area and the street when the play area is adjacent to any arterial or collector street. b. A safe pick-up and drop-off area shall be provided. 5. Retirement or nursing home. a. Parking areas shall be screened from adjacent residential properties by a four (4) foot high fence or equivalent landscaping. 6. Group home. a. Applicants shall provide statements as to the type of supervision the home will have. 7. Domestic abuse shelter. a. All parking shall be provided on the premises. (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 City of Brookings August 23, 2011 80 5. Office 6. Bed and breakfast (f) Density, Area, Yard and Height Regulations: The R-3 district regulations shall be as follows: 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 non-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 Allowable 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 facilities are provided in individual rooms. (g) Accessory Uses. Accessory uses and building permitted in the R-3 District are buildings and uses customarily incidental to any of the permitted uses in the district. City of Brookings August 23, 2011 81 (h) Parking Regulations. Parking, loading and stacking within the R-3 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-3 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-3 District shall be in conformance with the regulations set forth in article II of this chapter City of Brookings August 23, 2011 82 First Readings** 10. Ordinance No. 15-11: An ordinance pertaining to an application for a Conditional Use for an office in the Residence R-2 District, Lots 1 and 2, Block 8, Second Addition, also known as 624 Third Street. Public Hearing: TBD **No vote is taken on the first reading of an Ordinance. The title of the Ordinance is read and the date for the public hearing is announced. Applicant: R & B Properties, LLC Proposal: Construct an office on a residential lot in a medium-density district Background: This neighborhood is comprised of two distinct elements. The residential element lies south of 3rd Street and east of 7th Avenue. It contains predominantly older homes on small lots. Most are single-family dwellings. The governmental/institutional element extends from the courthouse block north to 6th Street and west to 5th Avenue. Third Street is a designated major collector that serves the neighborhood. The north half of the block containing this request is part of the Central Residential Historic District as is the block kitty-corner from 624 3rd Street. The courthouse, while not in a historic district, is an individually listed property on the national register. The land to the south and east of this property is not in a historic district. If approved, the redevelopment of this property would have to be coordinated with the local Historic Preservation Commission and State Historic Preservation officers. Specifics: The proposed office would be located south of the courthouse block and directly across the street from the parking lot next to the detention center. It abuts 3rd Street on the north and 7th Avenue on the east. A public alley is to the south and a single-family residence is to the west. The office building design will be almost square with parking in the rear (south). Access to the parking lot will be from 7th Avenue. A privacy fence is proposed along the west lot line to screen the parking lot from the neighbor’s back yard. City of Brookings August 23, 2011 83 The standards for an office use in this residential district are as follows: Sec. 94-290. Office Such uses shall be located on a collector or arterial street. Special attention shall be given to the architectural compatibility with surrounding residential properties. Consideration shall be given to the traffic generated by such use, the type of sign, the hours of operation and the character of the use. Parking shall be screened from any adjacent residential area. Recommendation: The Planning Commission voted 0 yes and 6 no on the motion to approve. Therefore, their recommendation is to not approve the application. It will take a 2/3rds majority of the full council to overturn the Planning Commission’s decision and approve the conditional use. City of Brookings August 23, 2011 84 Ordinance No. 15-11 An ordinance pertaining to an application for a Conditional Use for an office in the Residence R-2 District. Be it ordained by the governing body of the City of Brookings, South Dakota that said Conditional Use shall be approved for an Office on Lots 1 and 2, Block 8, Second Addition with the following conditions: None All sections and ordinances in conflict herewith are hereby repealed. First Reading: August 23, 2011 Second Reading: Published: CITY OF BROOKINGS __________________________ Tim Reed, Mayor ATTEST: ________________________________ Shari Thornes, City Clerk City of Brookings August 23, 2011 87 TO: Planning Commission Members FROM: Dan Hanson, Planning Administrator DATE: May 3, 2011 RE: Addendum to Staff Report Item 4 – Conditional Use Request – office use in a Residence R-2 District There are two primary issues regarding this conditional use application. The first issue is the change in the use of the property from a residence to a professional office within the Residence R-2 District. This issue is solely under the purview of the Planning Commission and City Council. As planning commissioners, your responsibility is to judge the request based on the standards of Section 94-290 in the Zoning Ordinance. This excerpt is also in the staff report. Certain terms such as “architectural compatibility” allow for some flexibility in the design of the proposed office and each standard should be addressed by the commission. The following sections relating to the definitions and enabling legislation for conditional uses are as follows: City Code Sec. 94-1. Conditional Use: A use which, because of its unique or varying characteristics, cannot be properly classified as a permitted use in a particular district. After due consideration, as provided in this ordinance, of the impact of such use upon neighboring land and of the public need for the particular use at a particular location, such conditional use may or may not be granted SDCL 11-4-4.1. Ordinance authorizing conditional use of real property--Content--Approval or disapproval of request. A municipal zoning ordinance adopted pursuant to this chapter that authorizes a conditional use of real property shall specify the approving authority, each category of conditional use requiring such approval, the zoning districts in which a conditional use is available, and the criteria for evaluating each conditional use. The approving authority shall consider the stated criteria, the objectives of the comprehensive plan, and the purpose of the zoning ordinance and its relevant zoning districts when making a decision to approve or disapprove a conditional use request. SDCL 11-4-4.2. Conditional use defined. A conditional use is any use that, owing to certain special characteristics attendant to its operation, may be permitted in a zoning district subject to the evaluation and approval by the approving authority specified in § 11-4-4.1. A conditional use is subject to requirements that are different from the requirements imposed for any use permitted by right in the zoning district. The second issue pertains to the potential change to a building in the Central Residential Historic District. This change could include exterior modifications to demolition or moving the building to another location. The Brookings Historic Preservation Commission (BHPC) in conjunction with the State Historic Preservation Office (SHPO) can implement a 180 day waiting period once they are notified of such an action taking place. This 180 day waiting period was designed to allow time for interested parties to find alternative solutions for preserving a historic structure. The 180 day waiting period can be shortened if an agreement is reached. If no alternative solution can be reached, then the building can be razed or moved after the waiting period expires and the proposed project can move forward. While this is an important procedure, it is separate from the criteria that a planning commission must consider regarding the conditional use process. City of Brookings August 23, 2011 88 Planning Commission Brookings, South Dakota August 2, 2011 OFFICIAL MINUTES Chairperson Al Heuton called the regular meeting of the City Planning Commission to order on August 2, 2011, at 7:00 PM in the Council Chamber at City Hall. Members present were Wayne Avery, Donna DeKraai, Greg Fargen, Alan Gregg, John Sydow, and Heuton. Hal Bailey, Mike Cameron, and John Gustafson were absent. Others present were Wayne Wagner, John Mills, Rick Ribstein, Kelly Tilman, Bob Fishback, Doris Roden, Elizabeth Gabriella, Pat Fishback, Nick Wendel, Don Iverson, Community Development Director Mike Struck, City Engineer Jackie Lanning, City Manager Jeff Weldon, Planning and Zoning Administrator Dan Hanson, and others. Item #4 – R & B Properties LLC has submitted an application for a conditional use to establish an office on Lots 1 and 2, Block 8, Second Addition. (Fargen/Sydow) Motion to approve the conditional use. All present voted no. MOTION FAILED. SUMMARY OF DISCUSSION Item #4 – Rick Ribstein, representing R & B Properties, LLC, stated his intention was to establish a law office on the site. His law office was growing, and the current location did not allow any reasonable expansion. The plan would be to move the existing house to another lot and preserve it. The law office would be an 8:00 AM – 5:00 PM business with minimal traffic. The building would be a one-story brick structure containing about 4,500 square feet per floor. Kelly Tilman, 709 3rd Street, objected to granting the application because it would set a precedence for future businesses encroaching into the neighborhood. Bob Fishback, representing 610 3rd Street, felt there were other locations for this business. Doris Roden, a resident, pointed out that incompatibility, encroachment, and aesthetics were all reasons to deny the application. Elizabeth Gabriella, a resident, felt an office would be better suited in an urban renewal area and not a residential historic district. Pat Fishback, a resident, felt the design of the office would be a visual distraction to the neighborhood. Nick Wendel, 410 7th Avenue, opposed the application due to increased traffic concerns. He also opposed commercial expansion into the neighborhood. Avery remarked that the application needed to be reviewed carefully since approval cannot be reversed later on. DeKraai asked Ribstein about future business growth. Ribstein responded that a new attorney and staff may be added every so many years. He did not feel it would necessarily increase traffic since all appointments were scheduled. DeKraai stated there was no architectural layout with the application which was required by Sec. 94-290 of the ordinance. Ribstein remarked that the building would have dormers, and the land would be landscaped. Heuton concurred with DeKraai that there was no architectural drawing available to determine what the building would look like. He did note that the lot fronted on a collector street and parking was screened from adjacent properties. However, he did not feel the Comprehensive Plan supported this type of encroachment into the historic neighborhood. DeKraai and Gregg felt the potential City of Brookings August 23, 2011 89 impact of this business on the neighborhood was a major concern. Sydow felt the architectural compatibility issue was a primary factor in not supporting the request. Fargen remarked that the aesthetics of the neighborhood could be damaged by the proposal. City of Brookings August 23, 2011 94 Sec. 94-126. RESIDENCE R-2 TWO-FAMILY DISTRICT (a) Intent. This district is intended to provide for areas of residential use with a density of six to eighteen dwelling units per acre. This district provides for single-family, two-family, townhouse and multiple-family residential uses 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 regulations of the Residence R-2 Two-Family 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. (d) Permitted Special Uses: A building or premises may be used for the following purposes in conformance with conditions prescribed herein: 1. All permitted special uses and conditions as stated in Sections 94-124(d)(R-1A) and 94- 125(d)(R-1B). 2. Single-family zero (0') sideyard dwelling. a. A maximum of four (4) attached dwelling units are permitted. b. Additional lot area requirements apply (subsection f of this section). 3. Funeral home or mortuary. a. One of the frontages of the premises shall abut upon an arterial or collector street. (e) Conditional Uses. 1. Vocational or trade school 2. Retirement or nursing home 3. Group home 4. Major home occupation 5. Public recreation facility 6. Non-municipal library, museum, art gallery, community center, private club or lodge 7. Domestic abuse shelter 8. Townhouse 9. Apartment or condominium 10. Office 11. Bed and breakfast establishment 12. Fraternity/Sorority 13. Day Care Facility City of Brookings August 23, 2011 95 (f) Density, Area, Yard and Height Regulations. The R-2 district regulations shall be as follows: 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 7,500 7,500 50' 25' 7' 25' 35' SF 0' Sideyard 2 Units 6,000 12,000 80' 25' 0' or 7' 25' 35' on non- party wall SF 0' Sideyard 3 Units 5,000 15,000 100' 25' 0' or 7' 25' 35' on non- party wall SF 0' Sideyard 4 Units 4,500 18,000 120' 25' 0' or 7' 25' 35' on non- party wall Two-Family Dwellings Condominiums / Townhouses 2 Units 4,950 9,900 65' 25' 7' 25' 35' 3 Units 4,100 12,300 80' 25' 7' 25' 35' 4 Units 3,675 14,700 95' 25' 7' 25' 35' Apts, Condos, Townhouses* 5 or more Units 2,420** 16,000 100' 25' 7'*** 25' 35' Other Allowable Uses 7,500 50' 25' 7'*** 25' 35 *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. Parking lots shall be screened from single and two-family residential uses according to Section 94-401. **A maximum of 18 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. City of Brookings August 23, 2011 96 Density per family requirements shall not apply to dormitories, fraternities, sororities, nursing homes or other similar group quarters where no facilities are provided in individual rooms. (g) Accessory Uses. Accessory uses and building permitted in the R-2 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-2 District shall be in conformance with the regulations set forth in division 4 of article VI. (i) Sign Regulations. Signs within the R-2 District shall be in conformance with the regulations set forth in division 5 of article VI. (j) Other Regulations. Development within the R-2 District shall be in conformance with the regulations set forth in article II. City of Brookings August 23, 2011 97 Second Readings / Public Hearings 11. Public hearing and action on an On-Off Sale Malt License application for The Clothes Line Lounge, Sarantis Theodosopoulos, owner, 727 Wilson Avenue, Brookings, South Dakota, legal description: North 100’, Lot 3, Block 1, Snyders Addition. Sarantis Theodosopoulos has applied for an On-Off Sale Malt Beverage License for The Clothes Line Lounge, 727 Wilson Avenue, North 100’, Lot 3, Block 1, Snyders 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 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. All necessary documents have been submitted for this application. Staff recommends approval. 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 City of Brookings August 23, 2011 98 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 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 of Brookings August 23, 2011 100 Second Readings / Public Hearings 12. Action on a video lottery application for The Clothes Line Lounge, Sarantis Theodosopoulos, owner, 727 Wilson Avenue, Brookings, South Dakota, legal description: North 100’, Lot 3, Block 1, Snyders Addition. Sarantis Theodosopoulos has applied for a Video Lottery License for The Clothes Line Lounge, 727 Wilson Avenue, North 100’, Lot 3, Block 1, Synyders Addition. With the recent approval of Ordinance No. 05-11, the City Council has one video lottery available to issue to an On-Sale Malt or On-Sale Wine License holder. City Manager Introduction Action: Motion to Approve, Request Public Comment, Roll Call City of Brookings August 23, 2011 104 Second Readings / Public Hearings 13. Public hearing and action on a temporary liquor license for George Dokken VFW Post #2118, for the 727 Transportation / DAV 7th Annual Poker Run at 300 5th Street South (National Guard Armory) on September 3, 2011. VFW Post #2118, has applied for temporary liquor licenses for the 727 Transportation / DAV 7th Annual Poker Run at 300 5th Street South (National Guard Armory to be held on September 3, 2011. All documents have been filed with the City pertaining to insurance and other licensing requirements. Staff recommends approval. City Manager Introduction Action: Open & Close Public Hearing, Motion to Approve, Roll Call City of Brookings August 23, 2011 105 Second Readings / Public Hearings 14. Public hearing and action on a temporary liquor license for Ray’s Corner for an America DAV Transportation Street Dance fundraiser on September 10, 2011. Ray’s Corner, has applied for temporary liquor licenses for an America DAV Transportation Street Dance fundraiser to be held on September 10, 2011. 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. Staff recommends approval. City Manager Introduction Action: Open & Close Public Hearing, Motion to Approve, Roll Call City of Brookings August 23, 2011 106 Second Readings / Public Hearings 15. Public hearing and action on Resolution 105-11, a Resolution of Intent to Extend Boundaries (to extend the municipal boundaries to include Lots C and D, Christie Addition in the NW ¼ of Section 2-T109N-R50W and Outlot C in the NW ¼ of the NW ¼ of Section 2-T109N-R50W all in the County of Brookings, State of South Dakota). ANNEXATION STUDY - (NW ¼ of Section 2-T109N-R50W) The City of Brookings continues to grow in physical size and population. Therefore, an annexation plan is essential for the managed growth of Brookings. The Vision 2020 Comprehensive Plan has identified future growth areas in Brookings County as logical extensions of the city’s boundaries. Timely and well-planned annexations will achieve efficient and orderly growth of the urban area and tax equity among all urban residents. Based on the analysis presented in this study, the areas shown on Map 1 are recommended for annexation into the City of Brookings. The legal descriptions are as follows:  Lots C and D, Christie Addition in the NW¼ of Section 2-T109N-R50W  Outlot C in the NW¼ of the NW¼ of Section 2-T109N-R50W The Vision 2020 Comprehensive Plan identifies urban growth area boundary projections based on the future extension of urban services. In particular, the Future Land Use Map indicates the area described above as a future residential neighborhood. Over the last several years, significant development and land use changes have occurred in the southwest area of Brookings. Two (2) residential subdivisions have been created, and dozens of new homes have been built. A large mixed-use development has recently been approved, and the first residential phase will begin this fall. Lastly, several landowners in this area have petitioned to annex within the last five (5) years due to their desire for municipal services. The annexation of fringe developments will cause short term adjustment for residents and property owners of this area. Increased taxes and costs associated with street and utility improvements are a significant concern to existing residents. However, annexation will provide superior benefits to all residents of Brookings as follows: A. Equitable sharing of the local tax burden People residing just outside of a city often enjoy municipal services without providing tax monies to support their cost. Parks, bike trails, the library, and street improvements are examples of this. Annexation would require all to pay their fair share. City of Brookings August 23, 2011 107 B. Efficient provision of municipal services History has shown that as fringe development continues, residents in these areas demand more urban services such as police and fire protection, street improvements, parks, and municipal water and sewer systems. With appropriate annexations, a city can provide services to an entire area more economically and efficiently through economies of scale. C. Orderly growth and development Timely annexations of fringe areas enhance orderly and planned growth. The extension of streets and utilities to new growth areas can be obstructed by unincorporated land areas. Urban sprawl is also common in areas that are not provided with municipal utilities and services. The annexation of existing urban type developments and agricultural land located in future urban growth areas will benefit the long-range development goals of the City of Brookings. Study Area The proposed annexation areas are located in Medary Township. One area is bounded by 20th Street South on the north, and the other area is bounded by 20th Street South on the north and Western Avenue South on the west. The total area involved is 3.4 acres Land Use Land in the proposed annexation area is located in the A Agricultural District which is a district in the Zoning Ordinance of the Joint Jurisdiction Area surrounding the City of Brookings but is used primarily for residential purposes. One parcel is used as a rental storage unit. Changes in the land use classification of these parcels would likely occur in the future. The residential uses are currently legal non-standard uses. Population and Housing Three (3) families reside in the proposed annexation area. Two (2) lots are uninhabited. The surrounding area consists of mature neighborhoods, newly created subdivisions, and agricultural land. The majority of housing is single-family homes. Urban Services Streets The residents are served by 20th Street South and Western Avenue South. Twentieth Street South is an asphalt rural section road, and Western Avenue South is a gravel rural section road. The City has adopted Resolutions 88-11 and 89-11 which transfers jurisdictional control of 20th Street South from Main Avenue to Rio Grande Avenue and Main Avenue from 20th Street South to 32nd Street South from Brookings County to the City of Brookings. Therefore, maintenance of these roads will be done by the City. 20th Street South is planned to be reconstructed into an urban section road in 2012. No costs from this project will be assessed to abutting property owners provided they dedicate the required right-of-way necessary to build the street to city standards. Sidewalks are required to be installed along all developed property unless modified by other applicable regulations or the City Council. Access drives from the curb to the property line must be surfaced with asphalt or concrete. City of Brookings August 23, 2011 108 Water All property owners serviced by rural water systems would be required to connect to the city water system upon annexation. Currently, municipal water service is supplied to three parcels. Sanitary Sewer All property owners and parcels using a sanitary sewer installation will be required to hook-up to the municipal sewer system. Installation/conversion timetables would follow BMU policies and procedures. Electric Service All property owners serviced by an REA shall be connected to the city electric system. Conversion timetables would follow BMU policies and procedures. Telephone The current telephone service provider for a property would be continued and any changes would be a voluntary decision by the property owner/customer. Garbage Collection All residential uses shall be serviced by the municipal garbage collection department. One property owner already receives this service. Safety and Security All property owners will be served by the Brookings Police Department Fire Protection Fire protection will continue to be provided by the Brookings Fire Department. Drainage The city has adopted a master drainage plan to manage stormwater runoff. All property is assessed a drainage fee based on lot area, a runoff weighting factor based on the type of land use, and a unit financial charge (cost/square foot). City Manager Introduction Action: Open & Close Public Hearing, Motion to Approve, Roll Call City of Brookings August 23, 2011 109 Resolution No.105-11 Resolution of Intent to Extend Boundaries Whereas, the governing body of the City of Brookings has, pursuant to SDCL 9-4-4.1, conducted a study to determine the need to identify the resources necessary to extend the municipal boundaries to include Lots C and D, Christie Addition in the NW ¼ of Section 2-T109N-R50W and Outlot C in the NW ¼ of the NW ¼ of Section 2-T109N-R50W all in the County of Brookings, State of South Dakota, and Whereas, it is determined to be necessary and in the best interest of the City of Brookings to annex the above described property, now therefore, Be It Resolved by the governing body of the City of Brookings as follows, to-wit: 1. That the description of the property to be annexed is Lots C and D, Christie Addition in the NW ¼ of Section 2-T109N-R50W and Outlot C in the NW ¼ of the NW ¼ of Section 2-T109N-R50W all in the County of Brookings, State of South Dakota 2. That ample and suitable resources exist to accommodate the orderly development of the contiguous territory 3. That municipal utilities such as water, sewer, electricity, telephone, and garbage collection are existing or readily available and a major street network is already in place and dedicated for public use and that there is a definite timetable upon which other municipal services such as police protection and garbage collection will be extended into the contiguous territory 4. That the approximate cost of extending services to residents of the contiguous territory will be $0.00 for telephone and electricity; $16.50 per month for garbage collection; $40.00/foot for main sanitary sewer lines; $1500.00 for a sanitary sewer service line; $15.00/foot for a water service line; $80.00/foot/per side for street improvement; $176.00/acre for annual drainage fees for single-family residential uses and $67.00/acre for annual drainage fees for a vacant lot. 5. That the estimated difference in the tax assessment rate is an increase of $1.75/1,000 of valuation 6. That exclusions and irregularities in boundary lines are not the result of arbitrariness 7. That there is a reasonable present need to annex the contiguous territory because the majority of the land is already developed and is receiving certain municipal services. 8. That the city has experienced a recent growth rate of 19% between the 2000 and 2010 Census and will continue to develop beyond its present boundaries Passed and approved this 23rd day of August, 2011. CITY OF BROOKINGS Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk City of Brookings August 23, 2011 110 NOTICE OF HEARING UPON A RESOLUTION OF INTENT TO EXTEND THE MUNICIPAL BOUNDARIES NOTICE IS HEREBY GIVEN That the City Council will hold a public hearing to consider the adoption of a Resolution of Intent to annex the following described real estate situated in Brookings County, South Dakota, to wit: Lots C and D, Christie Addition in the NW ¼ of Section 2-T109N-R50W; and Outlot C in the NW ¼ of the NW ¼ of Section 2-T109N-R50W NOTICE IS FURTHER GIVEN that said request will be acted on by the City Council at 6:00 PM on Tuesday, August, 23, 2011 in the Council Chamber in the lower level of City Hall, Brookings, South Dakota. Any person interested may appear and be heard in this matter. ____________________________ Dan Hanson Planning & Zoning Administrator City of Brookings August 23, 2011 112 Second Readings / Public Hearings 16. RECONSIDERATION: Ordinance No. 13-11: An ordinance rezoning the west 1,115 feet of the east 1,338 feet of the north 1,409 feet, excluding Lot C, Christie Addition and Outlots A, 1A, B, and 1B thereof; and the west 1,085 feet of the east 1,342 feet of the south 193 feet of the north 1,608 feet all in the NW¼ of Section 2- T109N-R50W from an A Agricultural District to a Residence R-3 District (20th Street South and Main Avenue South area). Council Member McClemans intends to move to reconsider the motion made on August 9th to send the rezoning request back to the Planning Commission. Council Member Kubal intends to second the motion. Applicant: Dean Christie/Oakwood Equity Group Proposal: Rezone approximately 38 acres for high-density residential development Background: This land was annexed into the city in March 2011. All the land is currently undeveloped. The Future Land Use Plan has designated a residential use for this parcel. Adjacent land abutting Main Avenue South has been planned for commercial zoning but would remain in the Ag District at this time. Surrounding land uses include low-density residential to the north and medium and high- density residential to the west. However, the west side is planned for single-family detached homes according to the preliminary plat. Land to the south is outside the city limits and is currently farmed. Specifics: The Residence R-3 District allows for a mix of residential densities. The district regulations indicate the variety of uses allowed. Developers often prefer the R-3 District because it gives them flexibility in creating smaller or variable lot sizes within an area even if the plan is for single-family dwellings. You may recall that we developed an R-1C District last year that provided an option for establishing single-family dwellings on lots with only 50 feet of frontage and 7,500 square feet of area. The preliminary plans for this area show a lower-density concept for the south 2/3 of the parcel. Recommendation: The Planning Commission voted 2 yes and 4 no to recommend not approving the original rezoning request. A 2/3rds majority of the full membership of the Council would be required to overturn the Commission and approve the original request. The Commission voted 6 yes and 0 no to recommend rezoning a portion of the land as stated in the ordinance. A simple majority vote by those Councilors present and voting would be required to concur with this recommendation. City Manager Introduction Action: Motion to reconsider action to send issue to the Planning Commission Open & Close Public Hearing, Motion to Approve, Roll Call City of Brookings August 23, 2011 113 Ordinance No. 13-11 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 north 388 feet of the NE ¼ of the NW ¼ of Section 2-T109N-R50W, excluding the platted areas thereof, be and the same is hereby rezoned and reclassified from an A Agricultural District to a Residence R-3 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: July 26, 2011 Second Reading and Adoption: August 9, 2011 FAILED Reconsideration: August 23, 2011 Published: CITY OF BROOKINGS ______________________________ Tim Reed, Mayor ATTEST: _________________________ Shari Thornes, City Clerk City of Brookings August 23, 2011 114 Planning Commission Brookings, South Dakota July 5, 2011 OFFICIAL MINUTES Chairperson Al Heuton called the regular meeting of the City Planning Commission to order on July 5, 2011, at 7:00 PM in the Council Chamber at City Hall. Members present were Wayne Avery, Hal Bailey, Mike Cameron, Donna DeKraai, Greg Fargen, and Heuton. Alan Gregg, John Sydow, and John Gustafson were absent. Others present were Jason Pederson, Wayne Wagner, John Mills, Alan Mack, Dave Fiedler, City Manager Jeff Weldon, Community Development Director Mike Struck, City Engineer Jackie Lanning, Planning and Zoning Administrator Dan Hanson, and others. Item #5 – Dean Christie has submitted a petition to rezone the west 1,115 feet of the east 1,338 feet of the north 1,409 feet, excluding Lot C, Christie Addition and Outlots A, 1A, B, and 1B thereof; and the west 1,085 feet of the east 1,342 feet of the south 193 feet of the north 1,608 feet all in the NW¼ of Section 2-T109N-R50W from an A Agricultural District to a Residence R- 3 District. (Bailey/Cameron) Motion to approve the rezoning. Bailey and Cameron voted aye. Avery, DeKraai, Fargen, and Heuton voted no. MOTION FAILED. (DeKraai/Bailey) Motion to rezone the north 388 feet of the NE¼ of the NW¼ of Section 2- T109N-R50W, excluding the platted areas thereof, from an A Agricultural District to a Residence R- 3 District. All present voted aye. MOTION CARRIED. SUMMARY OF DISCUSSION Item #5 – Jason Peterson, of Civil Design Inc., stated that the plan for the north area had changed. The proposal would involve seven 16-unit apartment buildings with detached, perimeter garages. Wayne Wagner, representing Oakwood Equity Group, stated that changes to the housing market regarding home mortgages could cause people to rent first. Their plan was to establish high- density housing on the north end and create lower residential densities as they moved south. The first phase would be the apartment complex since only the north end had access to sanitary sewer facilities. Wagner noted that the buildings would have a two-story design for center units and a one-story design for the end units. Perimeter garages on the north would be set down so only ½ of the wall would show towards the street. Landscaping and parking exceeded the minimum requirements. He added that a second phase would involve 4-plexes south of the apartment complex. John Mills, an adjacent property owner, felt the corner properties with the two homes and some additional land should be reserved for future commercial zoning. He recommended that enough land be zoned now so it could be property developed. He noted that additional right-of-way along City of Brookings August 23, 2011 115 Main Avenue South and the required buffer zones between residential and business districts should be taken into consideration since they would reduce the developable area. Peterson remarked that their plan called for a 27 foot setback between the garages and the east lot line. Some of this land could be rezoned in the future. Neighbors to the north of 20th Street South were concerned about drainage. Wagner said he was aware of their issues, and his project would be designed to take as much drainage as possible. This water would be directed around the apartment complex. The water within the complex would go to a detention pond along the south side. Heuton asked how the planned drainage swale and landscaping plan would work. Peterson stated that drain tile would allow the land to stay dry. Wagner added that they had designed a 30 foot setback into the project to facilitate a “trickle flow” and still be able to handle a large storm event. Fargen inquired if the original land use plan was similar to this one. Hanson replied that high- density was always proposed in the north end, but the density was lower on the original plan. Heuton felt that rezoning the entire area now could be premature. DeKraai asked for options. Hanson remarked that developers have favored the flexibility offered by the R-3 regulations since one-family, two-family, and apartments can be built under those regulations. There are other districts that could provide similar densities without the high-density component. He added that private covenants have been used in other recently developed subdivisions to control density too. Wagner stated their core product was affordable, energy efficient homes. He felt the R-3 was appropriate, and the property’s value would be controlled by the density allowed, and the development’s design. Heuton asked if Wagner was open to phased zoning. Wagner replied yes, as long as it did not impact the development timetable. Mills reiterated his concern that not enough land was set aside in the corner for a future business use. Wagner remarked that he would be willing to come back to the Planning Commission and rezone a portion of land in this area if the apartment complex plan worked out. City of Brookings August 23, 2011 122 Second Readings / Public Hearings 17. Public hearing and action on Resolution No. 106-11, a Resolution Amending the City of Brookings Vision 2020 Comprehensive Plan. Proposal: Modify the major street plan to coincide with recommendations from the Brookings Area Master Transportation Study. Background: The Master Street Plan has been a part of city ordinance for about 50 years. It is an important component of the Comprehensive Plan. The MSP associated with the Vision 2020 Plan was last amended in 2003. MSPs often extend beyond the city limits in order to secure a coordinated system of roads well in advance of development. The plan also helps developers and other entities in the layout of their property. Specifics: The proposed changes are as follows:  5th Avenue – reduce classification from 3rd Street to 6th Street and Main Avenue to 5th Avenue along 3rd Street  20th Street South – provide extension of minor arterial classification from 22nd Avenue to 34th Avenue  Future streets – Require collector streets in future growth areas in the southern part of Brookings Recommendation: The Planning Commission voted 6 yes and 0 no to recommend approval of the amendments. City Manager Introduction Action: Open & Close Public Hearing, Motion to Approve, Roll Call City of Brookings August 23, 2011 123 Resolution No. 106-11 A Resolution Amending the City of Brookings Vision 2020 Comprehensive Plan Whereas, the City Council of the City of Brookings, SD in accordance with SDCL 11-6-18 adopted the Vision 2020 Comprehensive Plan for the City of Brookings, SD; and Whereas, the City Council determined the Major Street Plan of said Comprehensive Plan should be amended and supersede the previously adopted Major Street Plan of the Comprehensive Plan adopted February 11, 2002; and Whereas, the City Planning Commission of the City of Brookings, SD has recommended approval of the Vision 2020 Comprehensive Plan in accordance with SDCL 11-6-17; Now, Therefore, Be It Resolved by the City of Brookings, SD the Major Street Plan of the Vision 2020 Comprehensive Plan, as amended, is hereby adopted for the City of Brookings, with said map to supersede the previous Major Street Plan. The Vision 2020 Comprehensive Plan shall be on file in the office of the City Clerk and is available for public inspection by any interested person. Passed this 23rd day of August, 2011. CITY OF BROOKINGS _________________________ Tim Reed, Mayor ATTEST: ____________________________ Shari Thornes, City Clerk City of Brookings August 23, 2011 124 NOTICE OF HEARING UPON AN AMENDMENT TO THE VISION 2020 COMPREHENSIVE PLAN FOR THE CITY OF BROOKINGS NOTICE IS HEREBY GIVEN That the City Council will hold a public hearing on an amendment to the Vision 2020 Comprehensive Plan for the City of Brookings pertaining to the Major Street Plan Map. NOTICE IS FURTHER GIVEN That said public hearing will be at 6:00 PM on Tuesday, August 23, 2011, in the Council Chamber located in the lower level of City Hall at 311 3rd Avenue, Brookings, South Dakota. Any person interested may appear and be heard in this matter. Dated this 12th day of August 2011. ___________________________________ Secretary, City Planning Commission City of Brookings August 23, 2011 125 Planning Commission Brookings, South Dakota August 2, 2011 OFFICIAL MINUTES Chairperson Al Heuton called the regular meeting of the City Planning Commission to order on August 2, 2011, at 7:00 PM in the Council Chamber at City Hall. Members present were Wayne Avery, Donna DeKraai, Greg Fargen, Alan Gregg, John Sydow, and Heuton. Hal Bailey, Mike Cameron, and John Gustafson were absent. Others present were Wayne Wagner, John Mills, Rick Ribstein, Kelly Tilman, Bob Fishback, Doris Roden, Elizabeth Gabriella, Pat Fishback, Nick Wendel, Don Iverson, Community Development Director Mike Struck, City Engineer Jackie Lanning, City Manager Jeff Weldon, Planning and Zoning Administrator Dan Hanson, and others. Item #6- The City of Brookings has submitted an amendment to the Vision 2020 Comprehensive Plan pertaining to the Major Street Plan. (Gregg/Sydow) Motion to approve the amendments. All present voted aye. MOTION CARRIED. SUMMARY OF DISCUSSION Item #6 – Hanson stated the proposed changes coincided with the Brookings Area Master Transportation Study. The changes included a reclassification of one street, an extension of a minor arterial street, and future collector streets in future growth areas. City of Brookings August 23, 2011 127 Second Readings / Public Hearings 18. Presentation and public hearing on a request for an On-Sale Liquor Operating Agreement by W & P of Brookings, LLC, Todd and Susan LaHaise, owners, dba Buffalo Wild Wings Bar & Grill, 1721 6th St., Brookings, South Dakota, legal description: Lot 6, Village Square Addition. Todd and Susan LaHaise, owners, dba Buffalo Wild Wings Bar & Grill, have applied for an On-Sale Liquor Operating Agreement and will make a presentation to the City Council. City Manager Introduction Action: Open & Close Public Hearing City of Brookings August 23, 2011 130 Second Readings / Public Hearings 19. Discussion and possible action on Resolution No. 107-11, a Resolution Establishing the License Fee for the Issuance of Operating Agreements in the City of Brookings. (This resolution would rescind Resolution No. 38-11, adopted March 22, 2011.) Resolution No. 107-11 contemplates a possible change in the fee of the Liquor Operating Agreement and would apply to the last remaining Liquor License. The resolution is necessary if the Council wishes to repeal Resolution No. 38-11 adopted last March, which set the fee at $25,000, and replace it with a new amount. With the adoption of Resolution No. 107-11, Resolution No. 38-11 would be repealed. City Manager Introduction Action: Motion to Approve, Request Public Comment, Roll Call City of Brookings August 23, 2011 131 Resolution No. 107-11 Resolution Establishing the License Fee for the Issuance of Operating Agreements in the City of Brookings Be It Resolved by the City Council of the City of Brookings, South Dakota as follows: Whereas, SDCL 35-4-2(4) provides the minimum fee for the initial issuance of on-sale alcoholic beverage liquor licenses, and this statute is also applicable to municipalities under local option, and Whereas, the City Council has been advised by its City Attorney that SDCL 35-4-2(4) and recent statutory changes to alcoholic beverage statutes require a municipality to set the fee for the initial issuance of an operating agreement at not less than one dollar for each person residing within the municipality as measured by the last preceding Federal census, and the Federal Census having recently determined the population of Brookings to be 22,056, and Whereas, SDCL 35-4-2(4) does not establish a maximum fee for the issuance of Operating Agreements, and accordingly, the fee may be set by the City Council provided the fee equals or exceeds the minimum fee, Now Therefore, Be It Resolved that the fee for the issuance of initial on-sale Operating Agreements shall be $_____________. Passage of Resolution No. 107-11 hereby repeals Resolution No. 38-11. Passed and approved on the 23rd day of August 2011. CITY OF BROOKINGS: Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk City of Brookings August 23, 2011 133 Second Readings / Public Hearings 20. Discussion and possible action on Resolution No. 108-11, a Resolution authorizing the City Manager to enter into an operating agreement with one of the following applicants for a term of one or ten years: A. Gonz Productions, Inc., dba Main Street Pub & Grill, 408 Main Avenue, Lot 5, Block 7, Original Plat Addition, Garner Hansen, owner. B. Old Market, LLC, dba Old Market Eatery, 424 5th Avenue, Lots 15- 18, Block 7, Original Plat Addition, Katie Knutson and Jael Thorpe, owners. C. Brookings Steakhouse LLC, dba Whiskey Creek Steakhouse, SE corner of Block One (1), Wiese Addition (corner of Highway 14 and 32nd Avenue), James Gardner, owner. D. W & P of Brookings, LLC, dba Buffalo Wild Wings Bar & Grill, 1721 6th St., Lot 6, Village Square Addition, Todd and Susan LaHaise, owners. Having heard from all six applicants, including Buffalo Wild Wings, which on this agenda, and having awarded two of the three allowable operating agreements, the Council now has the opportunity to award the final Operating Agreement. Under the first round of applications, the applications of Old Market Eatery and Main Street Pub & Grill were not selected but their applications still remain valid for your subsequent consideration. Under previous action, the Council withheld awarding the final operating agreement in anticipation of other options. Two such options have materialized with the applications of Whiskey Creek Wood Fire Steakhouse and Buffalo Wild Wings. These two applicants appear to meet the considerations of the Council that would merit awarding the final operating agreement. In other words, it really makes no sense to keep the one license “on the shelf” any longer. If you decide to award the final operating agreement under this resolution, your other decision would be for duration; that being the one-year provisional term as was done with the first two operating agreements, or the ten-year standard term. City Manager Introduction Action: Motion to Approve, Request Public Comment, Roll Call City of Brookings August 23, 2011 134 Resolution No. 108-11 __________– Liquor Operating Agreement 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 (owner), (business), 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 (address), also known as (business name). 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 (one or ten) year (s). Passed and approved this 23rd day of August, 2011. CITY OF BROOKINGS Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk City of Brookings August 23, 2011 135 LIQUOR OPERATING AGREEMENT (1-year Agreement) (NAME) (dba ) THIS AGREEMENT made and entered into by and between the CITY OF BROOKINGS, a municipal corporation of the State of South Dakota, hereinafter referred to as the “City” and_______ (owner), _____________(business), hereinafter referred to as the “Manager”. WITNESSETH: WHEREAS, the City has been issued an on-sale alcoholic beverage license and is engaged in the sale of alcoholic beverages, and WHEREAS, the City desires to enter into an operating agreement on a limited basis with the Manager for the purpose of operating an on-sale establishment or business for and on behalf of the City pursuant to law, and WHEREAS, the Manager has offered to have facilities in which to operate said on-sale establishment solely upon the premises hereinafter described. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. This Agreement is made and entered into on a limited basis between the parties hereto to allow the Manager to operate a retail on-sale premises, pursuant to and in accordance with all of the terms and conditions of this Agreement in accordance with all State laws and City Ordinances now in effect and as may be enacted in the future. 2. The Manager shall be individually responsible for all operating expenses of said on-sale establishment, including but not limited to utilities, taxes, insurance, and license fees, if any. The Manager shall furnish all equipment and fixtures necessary to operate the establishment. 3. The on-sale establishment shall be located upon real estate in the City of Brookings, South Dakota, described as: City of Brookings, Brookings County, South Dakota 4. The Manager shall dispense only alcoholic beverages supplied by the Municipal off-sale establishment. City of Brookings August 23, 2011 136 5. This Agreement shall be in full force and effect for a period of one (1) year. This Agreement is not subject to an extension, and therefore terminates at the expiration of one (1) year from the date the Manager first sells alcoholic beverages pursuant to this Operating Agreement. 6. Either the Manager or the City may terminate this Agreement without cause upon ninety (90) days written notice served by either party upon the other. The City reserves the right to immediately suspend or revoke this Agreement without ninety (90) days written notice for alcohol related violations in accordance with the provisions of Resolution No. 25-88 or any amendments thereto or for any late payments for alcoholic beverages supplied by the Municipal off-sale establishment to be sold on the premises of Manager. 7. The Manager shall receive as full compensation for its services rendered, the net profit from the on-sale establishment under its management, and the sole profit to be derived by the City shall be the markup hereinafter set forth on alcoholic beverages furnished by the municipality to the Manager for the purposes of resale on the premises as above described. 8. The Manager shall pay to the City for all alcoholic beverages sold by the City to the Manager for resale on the above-described premises, the actual cost of distilled spirits and wine supplied by the City, plus eleven percent (11%) in excess of such cost; the Manager shall pay to the City for all malt beverages sold by the City to the Manager for resale on the above-described premises, the actual cost of malt beverages, plus ten percent (10%) in excess of such cost. The actual cost shall include cost price and transportation charges. The markup percentages provided in this Agreement are subject to change by the City of Brookings. In the event markup percentages are changed by Ordinance, then the markup percentages provided by City Ordinance shall supercede the markup percentages provided herein. The Manager further agrees that if either of the markup percentages shall be increased at any time by the City, the Manager shall pay the markup as so increased. 9. A complete and detailed record shall be maintained by the City of all alcoholic beverages supplied to the on-sale Manager and such alcoholic beverages so supplied shall be evidenced by pre- numbered invoices prepared in triplicate showing the date, quantity, brand, size and actual cost of such item, and such invoice shall bear the signature of the authorized representative of the on- sale Manager or its authorized representative. One copy thereof shall be retained by the Municipal off-sale establishment, one copy shall be retained by the on-sale establishment, and one copy shall be filed with the City Clerk. All copies shall be kept as permanent records and made available for reference and audit purposes. The Manager also agrees to maintain a complete record of all alcoholic beverages received from the City. City of Brookings August 23, 2011 137 10. The Manager agrees to pay the CITY OF BROOKINGS an Operating Agreement Fee of Twenty- five Thousand and no/100 Dollars ($25,000.00) at or prior to the execution of this Agreement. The Manager shall be reimbursed by the City the sum of Twenty-two Thousand Five Hundred and no/100 Dollars ($22,500.00) if this Agreement is not extended beyond a term of one (1) year, however this provision does not create any obligation of the City to extend this Operating Agreement beyond its term of one (1) year. The Manager agrees to pay the CITY OF BROOKINGS, an Annual Renewal License Fee of One Thousand Five Hundred and no/100 Dollars ($1,500.00), which is due on or by January 1, 2012. The payment of the Annual Renewal License Fee will not extend the term of this Operating Agreement beyond the term provided herein. 11. The Manager agrees to keep the premises in a neat, clean and attractive appearance, and Manager further agrees to operate said on-sale establishment only on such days and at such hours as permitted by state law and city ordinances. 12. The Manager shall have the right to return, at any time, alcoholic beverages received from the City and to receive in return any deposit made for such alcoholic beverages; in the event of termination of the business, all unused alcoholic beverages, which may be resold without discount may be returned to the City and the Manager shall be reimbursed for the cost of such alcoholic beverages. 13. The Manager agrees to abide by the credit policies of the City and acknowledges, by execution of this Agreement, receipt of a copy of the credit policies of the City. The City reserves the right to change or terminate its credit policies at any time, but shall be required to provide written notice to Manager prior to the effective date of the change or termination date of the credit policies. 14. The Manager agrees to furnish the City upon demand, evidence of payment of the following: A. All salaries of on-sale employees; B. Social Security and withholding taxes on said employees; C. Worker’s Compensation insurance premiums covering said employees; D. Unemployment taxes on the payrolls of said employees; E. General liability insurance protecting both the City and Manager against claims for injury or damages to persons or property, said policy to have general liability limits of at least Five Hundred Thousand Dollars ($500,000.00) single limit, and One Million Dollars ($1,000,000.00) aggregate, and a limitation of Fifty Thousand Dollars ($50,000.00) for damage to property. The general liability insurance limits are subject to change and Manager agrees to change limits of insurance if required by the City; F. Rent and utility bills; and G. Any and all miscellaneous expenses, including taxes. City of Brookings August 23, 2011 138 15. The Manager agrees to observe all Federal and State laws and all ordinances of the City of Brookings. 16. The City covenants and agrees to furnish the on-sale license to Manager pursuant to the terms and conditions of this Operating Agreement and the terms and conditions of the on-sale license. 17. The City has the right to make inspections and investigations of the premises during the hours of operation, and make audits and examinations of the records of the Manager relating to the on- sale establishment. 18. It is further specifically understood and agreed that the waiver of the rights of the City under this Agreement shall not constitute a continuous waiver, and any violation or breach of the terms of this agreement by the Manager shall constitute a separate and distinct offense and grounds for immediate termination and revocation of this Agreement. 19. This agreement shall not be assignable to another person or location without the written consent of the City. IN WITNESS WHEREOF, the parties hereto have executed this agreement this day of August, 2011. CITY OF BROOKINGS, South Dakota A Municipal Corporation By: ATTEST: Jeffrey W. Weldon, City Manager Shari Thornes, Brookings City Clerk MANAGER By: Operating Agreement/Business Owner Representative City of Brookings August 23, 2011 139 LIQUOR OPERATING AGREEMENT (10-year Agreement) (NAME) (dba ) THIS AGREEMENT made and entered into by and between the CITY OF BROOKINGS, a municipal corporation of the State of South Dakota, hereinafter referred to as the “City” and _______ (owner), _____________(business) , hereinafter referred to as “Manager.” WITNESSETH; WHEREAS, the City has been issued an on-sale alcoholic beverage license and is engaged in the sale of alcoholic beverages, and WHEREAS, the City desires to enter into an Operating Agreement on a limited basis with the Manager for the purpose of operating an on-sale establishment or business for and on behalf of the City pursuant to law, and WHEREAS, the Manager has offered to have facilities in which to operate said on-sale establishment solely upon the premises hereinafter described. NOW, THEREFORE IT IS MUTUALLY AGREED AS FOLLOWS: 1. This Agreement is made and entered into on a limited basis between the parties hereto allow the Manager to operate a retail on-sale premises, pursuant to and in accordance with all of the terms and conditions of this Agreement in accordance with all State laws and City Ordinances now in effect and as may be enacted in the future. 2. The Manager shall be individually responsible for all operating expenses of said on-sale establishment, including but not limited to utilities, taxes, insurance, and license fees, if any. The Manager shall furnish all equipment and fixtures necessary to operate the establishment. 3. The on-sale establishment shall be located upon real estate in the City of Brookings, South Dakota, described as: ________________________ City of Brookings, Brookings County, South Dakota 4. The Manager shall dispense only alcoholic beverages supplied by the Municipal off-sale establishment. City of Brookings August 23, 2011 140 5. This Agreement shall be in full force and effect for a period of five (5) years with the Manager having the option and privilege of a five (5) year extension, subject to the approval of the governing body of the City of Brookings. 6. Either the Manager or the City may terminate this Agreement without cause upon ninety (90) days written notice served by either party upon the other. The City reserves the right to immediately suspend or revoke this Agreement without ninety (90) days written notice for alcohol related violations in accordance with the provisions of Resolution No. 25-88 or any amendments thereto or for any late payments for alcoholic beverages supplied by the Municipal off-sale establishment to be sold on the premises of Manager. 7. The Manager shall receive as full compensation for its services rendered, the net profit from the on-sale establishment under its management, and the sole profit to be derived by the City shall be the markup hereinafter set forth on alcoholic beverages furnished by the municipality to the Manager for the purposes of resale on the premises as above described. 8. The Manager shall pay to the City for all alcoholic beverages sold by the City to the Manager for resale on the above-described premises, the actual cost of distilled spirits and wine supplied by the City, plus eleven percent (11%) in excess of such cost; the Manager shall pay to the City for all malt beverages sold by the City to the Manager for resale on the above-described premises, the actual cost of malt beverages, plus ten percent (10%) in excess of such cost. The actual cost shall include cost price and transportation charges. The markup percentages provided in this Agreement are subject to change by the City of Brookings. In the event markup percentages are changed by Ordinance, then the markup percentages provided by City Ordinance shall supercede the markup percentages provided herein. The Manager further agrees that if either of the markup percentages shall be increased at any time by the City, the Manager shall pay the markup as so increased. 9. A complete and detailed record shall be maintained by the City of all alcoholic beverages supplied to the on-sale Manager and such alcoholic beverages so supplied shall be evidenced by pre- numbered invoices prepared in triplicate showing the date, quality, brand, size, and actual cost of such item, and such invoice shall bear the signature of the authorized representative of the on- sale Manager or its authorized representative. One copy thereof shall be retained by the Municipal off-sale establishment, one copy shall be retained by the on-sale establishment, and one copy shall be filed with the City Clerk. All copies shall be kept as permanent records and made available for reference and audit purposes. The Manager also agrees to maintain a complete record of all alcoholic beverages received from the City. City of Brookings August 23, 2011 141 10. The Manager agrees to pay the CITY OF BROOKINGS an Operating Agreement Fee of Twenty- five Thousand and no/100 Dollars ($25,000) at or prior to the execution of this Agreement. The Manager agrees to pay the CITY OF BROOKINGS, an Annual Renewal License Fee of One Thousand Five Hundred, and no/100 Dollars ($1,500.00), which is due on or by January 1, 2012. The payment of the Annual Renewal License Fee will not extend the term of this Operating Agreement beyond the term provided herein. 11. The Manager agrees to keep the premises in a neat, clean and attractive appearance, and Manager further agrees to operate said on-sale establishment only on such days and at such hours as permitted by state law and city ordinances. 12. The Manager shall have the right to return, at any time, alcoholic beverages received from the City and to receive in return any deposit made for such alcoholic beverages; in the event of termination of the business, all unused alcoholic beverages, which may be resold without discount may be returned to the City and the Manager shall be reimbursed for the of such alcoholic beverages. 13. The Manager agrees to abide by the credit policies of the City and acknowledges, by execution of this Agreement, receipt of a copy of the credit policies of the City. The City reserves the right to change or terminate its credit policies at any time, but shall be required to provide written notice to Manager prior to the effective date of the change or termination date of the credit policies. 14. The Manager agrees to furnish the City upon demand, evidence of payment of the following: A. All salaries of on-sale employees; B. Social Security and withholding taxes on said employees; C. Worker’s Compensation insurance premiums covering said employees; D. Unemployment taxes on the payrolls of said employees; E. General liability insurance protecting both the City and the Manager against claims for injury or damages to persons or property, said policy to have general liability limits of at least Five Hundred Thousand Dollars ($500,000.00) single limit, and One Million Dollars ($1,000,000.00) aggregate, and a limitation of Fifty Thousand Dollars ($50,000.00) for damage to property. The general liability insurance limits are subject to change and Manager agrees to change limits of insurance if required by the City; F. Rent and utility bills; and G. Any and all miscellaneous expenses, including taxes. 15. The Manager agrees to observe all Federal and State laws and ordinances of the City of Brookings. City of Brookings August 23, 2011 142 16. The City covenants and agrees to furnish the on-sale license to Manager pursuant to the terms and conditions of this Operating Agreement and the terms and conditions of the on-sale license. 17. The City shall have the right to make inspections and investigations of the premises during the hours of operation, and make audits and examinations of the records of the Manager relating to the on-sale establishment. 18. It is further specifically understood and agreed that the waiver of the rights of the City under this Agreement shall not constitute a continuous waiver, and any violation or breach of the terms of this Agreement by the Manager shall constitute a separate and distinct offense and grounds for immediate termination and revocation of this Agreement. 19. This agreement shall not be assignable to another person or location without the written consent of the City. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this day of August, 2011. CITY OF BROOKINGS, South Dakota A Municipal Corporation By: Jeffrey W. Weldon, City Manager ATTEST: Shari Thornes, City Clerk MANAGER By: City of Brookings August 23, 2011 143 Other Business 21. Discussion and possible action on installing sidewalks in the City of Brookings in areas that do not currently have sidewalks. Background: The City Council held a public hearing and discussion on May 24, 2011, for areas around the City of Brookings that do not currently have sidewalks. The discussion was initiated by the City Engineering Office to complete pedestrian sidewalk routes. The areas that have not installed sidewalks are 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. In addition, some properties have installed their sidewalks since the discussion on May 24th. Discussion: For purposes of this discussion, the attached sidewalk list has been grouped using the following categories:  Sidewalks required at the time of construction on the lot  Areas where after two years where sidewalks have been constructed on 70% or more of the frontage along a hard-surfaced street between two street intersections  Other pedestrian routes that are lacking sidewalks  Lots along 15th Street South that do not have sidewalk. (This item was suggested by the Traffic Safety Committee as a pedestrian route for the Camelot Intermediate School.) Committee Recommendations: Since the May 24th meeting, this issue has been reviewed by the Committee for People who have Disabilities and the attached letter of recommendation was provided by the committee. The Traffic Safety Committee also discussed the issue at their July 14th, 2011 meeting and the following is an excerpt of the meeting minutes: City of Brookings August 23, 2011 144 BROOKINGS TRAFFIC SAFETY COMMITTEE City Hall meeting room Thursday, July 14, 2011 12:10 p.m. The Brookings Traffic Safety Committee held its monthly meeting on Thursday, July 14, 2011, at 12:10pm in the City Hall meeting room. Members Present: Carol Rettkowski, Louis Skubic, Jackie Lanning, Keith Bruinsma, Pete Kirchheuel, Brian Lueders, Jeff Miller, and Tony Sonnenburg. Members Absent: Daryl Englund, Skip Webster, Tim Heaton, and Mike Fossum. Others Present: Call to Order: Lanning called the meeting called to order. Rettkowski / Skubic moved to approve the minutes from the May meeting. All present voted aye. New Business: Discussion on requiring sidewalks in areas of Brookings that currently do not have sidewalk. Lanning passed out several maps along with a list of residents in the different areas in Brookings that do not have sidewalks. The city has received complaints in the past from residents about areas that do not have sidewalks and the City Council discussed this issue at a recent meeting. The City Manager asked the Traffic Safety Committee and the Committee for People Who Have Disabilities to review this issue, and each committee’s recommendation will be provided to the City Council for discussion at a future meeting. Lanning stated that sidewalks are primarily a pedestrian issue, but it can turn into a traffic safety problem if pedestrians need to walk into the street because there is no sidewalk. Chief Miller and Officer Sonnenburg visited all these areas prior to the meeting. One area Miller is very concerned with is 15th Street South near the Camelot Intermediate School. This is a highly travelled pedestrian traffic area where children walk to school. He said there should be sidewalks on both sides of 15th Street South between Medary Avenue S. and 17th Avenue S., as well as any area that directly affects a school, should have sidewalks for children’s safety. Kirchheuel stated he would also like to see sidewalks placed in the Broken Bow Trail area because children ride in the street going to and from Sarah Renee Park. Lanning asked the committee their opinion on sidewalks in the Western Avenue S. area. She asked if the committee thought that sidewalks should only be required along Western Avenue S. and allow the fronts of the lots to install sidewalks at a later date. One example is Lowell Hyland’s lot, which is a three sided lot. The committee thought just the Western Avenue S. sidewalks should be required in that case. Kirchheuel said that installing sidewalks along Western Avenue would allow children to get to the park safely and that sounded reasonable. Lanning stated the City will be installing all the accessible curb ramps this year on Martin Blvd. and Regency Court. Lueders mentioned there are two or three houses south of the Hillcrest School that don’t have sidewalks. Lanning stated that the property line is right behind the curb and gutter and there is no right-of-way on the south side of 3rd Street near Hillcrest School. Lanning stated 13th Avenue also has a very narrow boulevard. Bruinsma stated the committee should put a City of Brookings August 23, 2011 145 timeline on installing sidewalks or it could take a very long time for them to be installed. Lanning stated under City Ordinance, sidewalks are required in areas where after two years, and 70% of sidewalk has been installed between two streets so that issue is covered in the current ordinance. Bruinsma/ Kirchheuel made the motion to require sidewalks for the safety of pedestrians who would walk in the streets where there are no sidewalks. All present voted aye. Motion passed. Submitted by: Chris Larson City Engineer recommendation: I recommend that the ordinance requiring sidewalks at the time of construction be upheld. This would allow for consistency where all developed properties are installing sidewalks. This would also alleviate issues where properties, who have installed their sidewalks according to the ordinance, are questioning why other properties are not following the ordinance. There are some cases in which a property owner has a home on two lots and one of the lots does not have sidewalk. If the vacant lot is being used as part of the residence, I also recommend the vacant lot install sidewalk. Community Development Director Recommendation: Code Enforcement Officers receive a large number of complaints throughout the year pertaining to sidewalk issues and the lack thereof. Common complaints concerning sidewalks revolve around safety issues and a perception of fairness. The lack of sidewalks creates safety concerns for pedestrians as these pedestrians often choose to travel along the street rather than walk through an area without sidewalks. Property owners also raise the question of fairness. There are many examples throughout the City where sidewalks lead up to a property on both sides, but does not provide a continuous path of travel. The adjacent property owners are required to maintain their sidewalks free of obstructions, while the middle property owner doesn’t have to maintain any. I recommend sidewalks be required for these reasons. Each property owner was mailed a notice of this meeting by first class mail, and a press release was also issued by the Engineering Department. City Manager Introduction Action: Motion to Approve, Request Public Comment, Roll Call Property Address Property Owner To Be Completed (Sq. Ft.) 329 Thunder Lane David & Barbara Dininger 400 331 Thunder Lane Christy Sik 540 405 Martin Boulevard Frances Gylling - Trustee 900 415 Powderhorn Pass Citi Mortgage Inc.840 510 Martin Boulevard Daryl & Danna Groenewold Installed 525 Martin Boulevard Jeffrey & Charlene Pinkava 940 600 W. 20th Street South Harold & Esther Sheldon 540 810 12th Street South Steve & Andrea Hogie 620 807 Regency Court, Lot 2 (with home)William & Rose Davidson 640 876 Regency Court Tim & Melissa Burns 560 878 Regency Court David Waligoske 600 900 15th Street South Michael McClemans along 15th St S 981 Broken Bow Trail Dusten Hendrickson 580 1104 22nd Avenue South Topline Properties LLC 3720 1715 Edgebrook Circle Joseph & Stacy Rice 720 1727 Edgebrook Circle Trygstad Custom Carpentry Inc.400 2006 David Cove John & Ciara Bos 80 2008 Rhonda Road John Ackman 440 2020 Rhonda Road Robert & Angela Carlson 360 2021 Rhonda Road Mark Foster 820 2102 Rhonda Road Rachel Skarman 380 2107 Rhonda Road Michael Hubbard 340 2110 Rhonda Road Thomas Mittan 360 2117 Rhonda Road Jeffrey & Julie Jackson 1000 2120 Rhonda Road Joyce Christenson 360 2122 Teresa Avenue William Hinshaw 840 2204 Rhonda Road Anthony & Darlene Wilson 440 2205 6th Street Robert & Jonette Miller (Perkins)Installed 2207 Teresa Avenue Leah Brink Installed 2210 David Cove Thomas & Lori Krogman 1360 2210 Teresa Avenue Kelly & Tami Watson Installed 2211 Teresa Avenue Cass & Michele White 260 2212 Rhonda Road Thomas & Donna Bartholow 240 2221 David Cove Angela Hatton 440 2222 Teresa Avenue Seth Klentz & Megan Park 440 2227 Rhonda Road Jeffrey & Jenny Grendler 200 2228 David Cove Kristine Madsen 1360 2228 Teresa Avenue Ken & Linda Langlois Installed 2229 Teresa Avenue Mark Bren 180 2230 Rhonda Road Scott & Gina Peterson 440 2233 6th Street Wal-Mart Realty Company Trust 3560 2534 Western Avenue South Alfred & Madeline Andrawis 220 Property Address Property Owner To Be Completed (Sq. Ft.) 1824 7th Avenue South (vacant portion of lot)Donald & Trudy McCoy 340 Boulevard Park Addn, Block 2 Lot 12 Douglas & Teresa Hall 280 Brookdale Addn, Block 13 Lot 6 Patricia Larson 4500 Areas where: After two years after sidewalks have been constructed on 70 per cent or more of the frontage along a hard-surfaced street between two street intersections, the remaining sidewalk along said street shall be installed 2011 Areas that do not have sidewalk City Council Discussion, 8/23/11 Developed Properties: sidewalks per city specification will be installed on each lot at the time of construction Brookings Mall Addn, Lot 1 Lance Park 2220 Esther Heights Addn, Block 3 Lot 8 Alex & Laurie Haleta 215 Esther Heights Addn, Block 4 Lot 1 Alex & Laurie Haleta 200 Timberline Addn, Block 1 Lot 3 Clark Drew Construction 1360 Lot East of 1731 Cypress Point Drive (used with home)David Moriarty 920 Property Address Property Owner To Be Completed (Sq. Ft.) Farmland Addn, E 60 RDS of N 60 RDS (Regency Court)Lowell Hyland 1900 807 Regency Court, Lot 1 (vacant lot n. of home)William & Rose Davidson 640 Roberts Second Addn, Block 2 N 40' Lot 1 Larry Ayres 680 Roberts Second Addn, Block 2 Lots 12-14 Shad Sweedlund 1160 Roberts Second Addn, Block 2 Lots 10-11 Terry & Amy Nemitz 380 Esther Heights Addn, Block 4 Lot 8 Alex & Laurie Haleta 340 Esther Heights Addn, Block 4 Lot 9 Alex & Laurie Haleta 225 Esther Heights Addn, Block 1 Lot 2 Steven & Frances Gylling 400 Hyland Addn, Block 2A Ronald & Pouran Borchardt 2260 Moriarty Fourth Addn, Block 2 Lot 1 Paul Moriarty 1260 Moriarty Fourth Addn, Block 12 Dakota Homes LLC (David Kneip)5540 Pheasant Nest Addn, Block 9 Lot 1 Jim & Susanne Gardner 1920 Property Address Property Owner To Be Completed (Sq. Ft.) Blairhill Addn, Lot 10 Blairhill Properties, LLC 500 Blairhill Addn, Lot 11 Ben & Molly Knutzen under construction Blairhill Addn, Lot 9 Clark Drew Construction, Inc 500 Blairhill Second Addn, Block 2 Lot 1 Creative Properties, LLC 315.5 Blairhill Second Addn, Block 2 Lot 13 Creative Properties, LLC 315 Blairhill Second Addn, Block 2 Lot 2 Creative Properties, LLC 260 Blairhill Second Addn, Block 2 Lot 3 Creative Properties, LLC 260 Blairhill Second Addn, Block 2 Lot 4 Creative Properties, LLC 260 Blairhill Second Addn, Block 2 Lot 7 Creative Properties, LLC 260 Blairhill Second Addn, Block 3 Lot 2 Creative Properties, LLC 310 Blairhill Second Addn, Block 3 Lot 3 Creative Properties, LLC 310 Blairhill Second Addn, Block 3 Lot 6 Creative Properties, LLC 375 Blairhill Second Addn, Block 4 Lot 1 Brookings Area Habitat for Humanity, Inc 442 Blairhill Second Addn, Block 5 Lot 8 Brookings Area Habitat for Humanity, Inc 310 Nelsons Fourth Addn, Unplatted area S. side of 15th St S Blairhill Properties, LLC 1280 approx New Area recommended by Traffic Safety Committee: 15th Street South between Medary Ave. S. and 17th Ave S Additional Areas: The City Council may order said sidewalks installed at any time that they may determine them to be necessary City of Brookings August 23, 2011 151 22. Adjourn