HomeMy WebLinkAbout2010_02_23 CC PKTCity Council Packet
February 23, 2010
Brookings City Council
Tuesday, February 23, 2010
City Hall Council Chambers
311 Third Avenue
5:00 p.m. – Work Session
6:00 p.m. – Regular Meeting
Mission Statement:
The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse economic base through
innovative thinking, strategic planning, and proactive, fiscally responsible municipal management.
5:00 P.M. WORK SESSION
** Work sessions are open to the public. During the work session the city staff would brief the council on items for that
particular meeting, introduce future topics, and provide a time for Council members to introduce topics.
1. First Planning District Annual Update.
2. Brookings Economic Development Corporation analysis regarding proposed Swiftel
Center Expansion, Second Penny Funds and Economic Development efforts.
3. Review of Snow Removal Policy.
4. City Council Member Ex-Officio Reports.
5. City Council member introduction of topics for future discussion. *
6. Council Invites & Obligations.
*Any Council member may request discussion of any issue at a future meeting only. Items can not be added for
action at this meeting. A motion and second is required starting the issue, requested outcome, and time. A
majority vote is required.
6:00 P.M. REGULAR MEETING
1. Call to order.
2. Pledge of Allegiance.
3. Record of Council attendance.
4. Action to approve the following Consent Agenda Items *
A. Action to approve the agenda.
B. Approval of minutes.
C. Action on an appointment to the Planning Commission.
D. Action on Resolution No. 15-10, Resolution Authorizing Mayor to Sign the Bid
Letting Authorization Document for P3234(50) PCN 00RL, 34th Avenue from
US14N to Prince Drive.
E. Action on Resolution No. 24-10, Resolution Authorizing Mayor to Sign the Right-of-
Way Certificate for P3234(50) PCN 00RL, 34th Avenue from US14N to Prince
Drive.
F. Action on Resolution No. 25-10, Resolution Authorizing Mayor to Sign the Utility
Certificate for P3234(50) PCN 00RL, 34th Avenue from US14N to Prince Drive.
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.
1
City Council Packet
February 23, 2010
Presentations, Special Requests/Invites & Reports
5. Census 2010 update by Mayor Reed.
6. Open Forum.
7. SDSU Student Senate Report.
Informational
Contract Awards/Change Orders
8. Action on Resolution No. 26-10, Resolution Authorizing Change Order No. 1 (CCO#1)
for 2009-09STI RioGrand, Napa Valley, Sonoma Valley, and Cumberland Court Valley
View Phase II Project, Bowes Construction Co., Inc.
Ordinance First Readings
9. Ordinance No. 11-10; An Ordinance Amending Section 6-5 of the Code of Ordinances
of the City of Brookings and pertaining to the Markup Percentage on the Sale of
Alcoholic Beverages in the City of Brookings.
Public Hearing: March 9th
** No vote is taken on the first reading of an Ordinance. The title of the Ordinance is read and the date for the public
hearing is announced.
Second Readings/Public Hearings
10. Ordinance No. 02-10 Budget Amendment #1: Authorizing a Supplemental
Appropriation to the 2010 Budget for the Purpose of Providing for Additional Funds for
the Operation of the City.
City Manager Introduction
Open & Close Public Hearing
Motion to approve – Roll Call
11. Public Hearing and Action on Resolution No. 27-10, a Resolution Levying an Assessment
for Sidewalk Assessment Project No. 2009-10SWR (2009 Sidewalk Repairs).
City Manager Introduction
Open & Close Public Hearing
Motion to approve – Roll Call
12. Public Hearing and Action on Resolution No. 28-10, a Resolution of Intent to Lease Real
Property to Private Entity.
City Manager Introduction
Open & Close Public Hearing
Motion to approve – Roll Call
13. Ordinance No. 03-10: An Ordinance Amending Section 78-38 of the Code of
Ordinances of the City of Brookings, South Dakota and Pertaining to the Use of
Municipal Sales, Service and Use Tax Revenue in the City of Brookings, South Dakota.
City Manager Introduction
Open & Close Public Hearing
Motion to approve – Roll Call
14. Ordinance No. 04-10: An application for a conditional use to establish a Contractors
Shop and Storage Yard in the Business B-3 District (623 Henry Avenue).
City Manager Introduction
Open & Close Public Hearing
Motion to approve – Roll Call
2
City Council Packet
February 23, 2010
15. Ordinance No. 05-10: A petition to rezone Lots 128, 129A, 129B, 130A, 130B, 131A
and 131B, Onaka Village, Indian Hills Addition from a Residence R-2 District to a
Residence R-3 District (Crystal Ridge Rd and Dakota Trail area).
City Manager Introduction
Open & Close Public Hearing
Motion to approve – Roll Call
16. Ordinance No. 06-10: An ordinance amending the zoning ordinance pertaining to
fences.
City Manager Introduction
Open & Close Public Hearing
Motion to approve – Roll Call
17. Ordinance No. 07-10: An ordinance amending the zoning ordinance pertaining to
accessory buildings.
City Manager Introduction
Open & Close Public Hearing
Motion to approve – Roll Call
18. Ordinance No. 08-10: An ordinance amending the zoning ordinance pertaining to
access drives.
City Manager Introduction
Open & Close Public Hearing
Motion to approve – Roll Call
19. Ordinance No. 09-10: An ordinance amending the zoning ordinance pertaining to
brewpubs.
City Manager Introduction
Open & Close Public Hearing
Motion to approve – Roll Call
20. Ordinance No. 10-10: An ordinance amending the zoning ordinance pertaining to signs.
City Manager Introduction
Open & Close Public Hearing
Motion to approve – Roll Call
Other Business
21. Action on an amendment to the City of Brookings Governance and Ends Policies, Ends
Policy 1, Financial Stability, Guideline H.
City Manager Introduction
Motion to approve, Request Public Comment, Roll Call
22. Adjourn.
Brookings City Council
Tim Reed, Mayor
Mike Bartley, Deputy Mayor & Council Member
Tom Bezdichek, Council Member
John Kubal, Council Member
Mike McClemans, Council Member
Jael Thorpe, Council Member
Julie Whaley, Council Member
Council Staff:
Jeffrey W. Weldon, City Manager
Steven Britzman, City Attorney
3
City Council Packet
February 23, 2010
Shari Thornes, City Clerk
View the City Council Meeting Live on the City Government Access Channel 9.
Rebroadcast Schedule: Wednesday @ 1pm, Thursday @ 7 pm, Friday @ 9 pm, and Saturday @ 1 pm.
The complete City Council agenda packet is available on the city website: www.cityofbrookings.org
If you require assistance, alternative formats, and/or accessible locations consistent with the Americans with Disabilities Act, please
contact Shari Thornes, City ADA Coordinator, at 692-6281 at least 3 working days prior to the meeting.
4
City Council Packet
February 23, 2010
5:00 P.M. WORK SESSION
** Work sessions are open to the public. During the work session the city staff would brief the council
on items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
1. First Planning District Annual Update.
Todd Kays, Executive Director for First Planning District, will update the City Council
and public on First District’s activities from 2009 and plans for 2010.
Estimate Time: 10 Minutes
5
City Council Packet
February 23, 2010
5:00 P.M. WORK SESSION
** Work sessions are open to the public. During the work session the city staff would brief the council
on items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
2. Brookings Economic Development Corporation Analysis
regarding proposed Swiftel Center Expansion, Second Penny
Funds, and Economic Development efforts.
This agenda item is pursuant to City Council action taken on February 9th requesting a
presentation by Al Heuton, BEDC. Mr. Heuton will provide a brief analysis and respond
to questions.
Estimate Time: 15 Minutes
13
City Council Packet
February 23, 2010
5:00 P.M. WORK SESSION
** Work sessions are open to the public. During the work session the city staff would brief the council
on items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
3. Review of Snow Removal Policy.
TO: Mayor and City Council Members
FROM: City Manager Jeff Weldon
RE: Review of snow removal policy
At the previous council meeting, Councilman McClemans requested a discussion item
be placed on this agenda pertaining to our snow removal policy and procedures.
Attached is the informational brochure we distribute to the public regarding our policy
as well as corresponding Ordinances.
Estimate Time: 20 Minutes
14
City Council Packet
February 23, 2010
Brookings City Code
Sec. 82-466. Street cleaning.
In order to clear any given area for the purpose of street cleaning, snow removal or street
repair or marking, the city manager or designee may designate such area and mark it with
appropriate "No Parking" signs or cones, and, when so marked, no vehicles shall be parked in
such area.
(Code 1996, § 34-269)
Sec. 82-467. Parking during state of emergency.
(a) It shall be unlawful for the driver or owner of any motor vehicle, trailer or implement to
park or leave standing or permit to be parked or left standing any motor vehicle, trailer or
implement on any street, avenue or alley in the city, except the streets mentioned in section
82-464, when a state of emergency has been declared in the city.
(b) A state of emergency shall exist when the mayor or city manager or designee shall declare
an emergency. The mayor or city manager or designee may, in the event of threatening or
existing adverse weather or street conditions, declare a state of emergency in the city and
prohibit parking on streets or avenues otherwise regulated in this section for a period of 72
hours or until a particular street or avenue has been cleaned from curb to curb. Notice of such
declared emergency shall be given to the public by means of radio broadcast.
(Code 1996, § 34-270)
Sec. 82-468. Parking for people with disabilities.
The city manager or designee is authorized to determine which parking spaces in the city shall
be designated as parking spaces usable only by disabled persons and shall mark or sign such
parking spaces accordingly. It shall be unlawful for any person to park or leave standing a vehicle
in or upon a parking space designated by a sign or other markings unless such vehicle displays a
portable serially numbered certificate or distinctive license plates issued pursuant to SDCL 32-
5-76--32-5-76.2 which indicate the motor vehicle is operated to transport a disabled person.
(Code 1996, § 34-271)
Sec. 82-469. Emergency snow routes.
(a) There are established emergency snow routes in the city upon the following streets and
portions of streets:
Streets Extent
First Avenue From Sixth Street to Front Street
Front Street From First Avenue to Third Avenue
Third Street From Third Avenue to 22nd Avenue, excluding north side parking from
Third Avenue to Fifth Avenue
Medary Avenue
From North Campus Drive to Eighth Street, excluding west side parking
from Eighth Street to Ninth Street
15
City Council Packet
February 23, 2010
(b) Emergency snow routes shall be designated by appropriate signs and shall be cleared of
snow at all times if practicable. No parking shall be permitted upon any portion of an
emergency snow route where two or more inches of snow have fallen in any 24-hour period
until such emergency snow route has been cleaned of snow from curb to curb. Any vehicles
parked upon an emergency snow route in violation of this section shall be subject to ticketing
and towing.
(Code 1996, § 34-272)
Secs. 82-470--82-490. Reserved.
16
City Council Packet
February 23, 2010
Snow Removal Guide
Prepared by
City of Brookings Street Dept.
(updated October 2009)
Snow Removal Ordinances – Brookings, SD
Sec. 74-211. Duty of owner or occupant. It shall be the duty of the owner or occupant or
person in possession or in charge of any lot, parcel or plat of ground fronting or abutting any
sidewalk, to keep such sidewalk free and clear from snow and ice at all times. When it is impossible
to clear snow and ice from a sidewalk because it is frozen to the sidewalk, the owner, occupant, or
person in possession or in charge of such lot shall sprinkle or spread some suitable material upon
the same to prevent the walk from becoming slippery and dangerous to travel upon.
Sec. 74-212. City may remove. If the owner or person in possession or in charge of any such
lot, parcel or plot of ground shall fail or refuse to remove the snow or ice from such sidewalk
within 48 hours of the falling of snow or the forming of ice, they city may, if practicable, remove or
cause to be removed such snow or ice. The city may assess the cost of snow and ice removal
against the fronting or abutting property in accordance with the provisions of this division.
Sec. 82-464. Parking at night in business section. It shall be unlawful for the driver or any
owner of any motor vehicle, trailer, or implement, to park or leave standing, or permit to be
parked or left standing, any motor vehicle, trailer or implement on Main Avenue between the
railroad tracks and Sixth Street and on Third, Fourth, Fifth and Sixth Street form Third to Fifth
Avenues, on Third Avenue from Third to Sixth Street, on Fifth Avenue from Front Street to Sixth
Street, and on Front street from Main Avenue to Fifth Avenue, between the hours of 2:00 a.m. and
5:30 a.m., except that emergency vehicles shall be exempt from the provisions of this section.
Sec. 82-465. Parking prohibited during snow removal. It shall be unlawful for the driver or
owner of any motor vehicle, trailer or implement to park or leave standing or permit to be parked
or left standing any motor vehicle, trailer or implement on any street, avenue, or ally in the City,
except the streets mentioned in Section 82-464, after it shall be publicly declared by the City
Manager or designee that such streets, avenues, or alleys will be undergoing snow removal. Parking
may not be resumed until such streets have been cleaned of such snow from curb to curb. Public
announcement shall include, but not be limited to, announcement on at least one local radio station
of such parking ban at least four hours prior to such parking ban.
17
City Council Packet
February 23, 2010
Vehicle Ticketing and Towing
During the winter, one of the City’s main concerns is the removal of vehicles from the streets in
order to facilitate snow removal and emergency operations.
The ticketing and towing of vehicles, after a parking ban has been declared, is the only effective
method for removing snow from the streets of Brookings. If vehicles are not removed, the snow
surrounding them turns to ice. In addition, subsequent snowfalls will create a hazard to the traveling
public, snow plow operators, and snow removal equipment. When the plow strikes this ice, it
either suddenly stops the plow or forces it to skip over the obstacle.
Vehicles that are parked in violation are subject to ticketing, a $35.00 fine, and towing at the
owner’s expense. Information regarding towed vehicles may be requested from the Police
Department at (605) 692-2113.
Parking Ban Information
“Snow Line”: (605) 696-7669
Television: KDLT, KELO, KSFY, or Cable Channel 9
FM Radio: 93.7, 96.5, 102.3, 104.7, or 107.1
AM Radio: 910 or 1430
The following Streets are Established Emergency Snow Routes:
• 1st Avenue … from 6th Street to Front Street
• Front Street … from 1st Avenue to 3rd Avenue
• 3rd Street … from 3rd Avenue to 22nd Avenue, excluding North side parking from 3rd Avenue
to 5th Avenue
• Medary Avenue … from Highway 14 Bypass to 20th Street South, excluding West side
parking from 8th Street to 9th Street
No parking shall be permitted upon any portion of an Emergency Snow Route where two (2) or
more inches of snow have fallen in any 24-hour period until such Emergency Snow Route has been
cleaned of snow from curb to curb. Any vehicles parked upon an Emergency Snow Route shall be
subject to ticketing and towing.
18
City Council Packet
February 23, 2010
City Snow Removal Crews Need Your Help!
Please follow these Do’s and Don’ts:
DO:
• Remove snow and ice from sidewalks and crosswalks adjoining your property within 48
hours of snowfall. If you fail to clear them, you are subject to a bill from the City to
complete the work.
• Expect snowplows to make unanticipated maneuvers such as backing up and making wide
turns. The amber warning lights on snow removal equipment are there to alert motorists
and remind them to yield the right-of-way.
• Stay at least 70 feet (four car lengths) back when you are following behind snowplows and
other snow removal equipment so the maintenance vehicle driver can see you. Remember
that snowplow drivers have limited vision from inside their vehicles.
• Be patient. City crews are working to make the streets safer for everyone.
• Watch local television stations and listen to local radio stations for the most current snow
removal information.
• Call the “Snow Line” (605-696-7669), or tune into Cable Channel 9 for an update about
Brookings Snow Removal operations.
DON’T:
• Do not shovel or blow snow from sidewalks, crosswalks, driveways, or parking lots onto
public streets. It is a violation of City Ordinances.
• Do not travel beside snowplows or other snow removal equipment. They can be driven
sideways very easily by the force of the snow on the plow blade.
• Do not drive through “whiteouts” caused by plowing or high crosswinds. It is easy to
become disoriented and lost control of your vehicle.
City of Brookings Street Department
125 7th Avenue
Brookings, SD 57006
Phone: 692-2016
Fax: 697-8676
Email: street@cityofbrookings.org
19
City Council Packet
February 23, 2010
5:00 P.M. WORK SESSION
** Work sessions are open to the public. During the work session the city staff would brief the council
on items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
4. City Council Member Ex-Officio Reports.
Pursuant to council direction, “City Council Member Ex-Officio Reports” will be a
standing agenda item at all Council Work Sessions. The Council Members that serve as
Ex-Officio members on the Brookings Health System Board and Utility Board will
provide verbal reports regarding recent meetings they have attended.
Utility Board: Council Members Bezdichek and Kubal
Health Systems Board: Council Members Whaley and Thorpe
20
City Council Packet
February 23, 2010
5:00 P.M. WORK SESSION
** Work sessions are open to the public. During the work session the city staff would brief the council
on items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
5. City Council member introduction of topics for future
discussion. *
*Any Council member may request discussion of any issue at a future meeting only. Items
cannot be added for action at this meeting. A motion and second is required starting the issue,
requested outcome, and time. A majority vote is required.
21
City Council Packet
February 23, 2010
5:00 P.M. WORK SESSION
** Work sessions are open to the public. During the work session the city staff would brief the council
on items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
6. Council Invites & Obligations.
Date
Day
Event &
Brief Description
Time
Location
Town
Address
Directions
March 13-17th
Sunday –
Wednesday
NLC – Congressional
City Conference
Washington, DC
March 15th
Monday
Board of Equalization
hearings
9:00 a.m. – 9:000
p.m.
City Hall
March 30th
Tuesday
Chamber Annual
Meeting
5:00 p.m. Social
6:00 p.m.
Progressive
Meal
Days Inn
March 30th Tuesday Brookings County
2010 Annual Feed
5:30 p.m. Fire Hall
306 3rd Street
March 31- April
1st
Wednesday –
Thursday
Annual SD Airports
Conference
Deadwood Gulch
Gaming Resort
Deadwood, SD
Sept. 23-25
Thursday –
Saturday
NLC 18th Annual
Leadership Summit
“Leading the Charge
in Local Government”
Philadelphia,
Pennsylvania
Nov. 29 – Dec.
4th
Monday –
Saturday
NLC-Congress of
Cities
Denver, CO
22
City Council Packet
February 23, 2010
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. Approval of minutes.
C. Action on an appointment to the Planning Commission.
D. Action on Resolution No. 15-10, Resolution Authorizing Mayor to Sign the Bid
Letting Authorization Document for P3234(50) PCN 00RL, 34th Avenue from
US14N to Prince Drive.
E. Action on Resolution No. 24-10, Resolution Authorizing Mayor to Sign the Right-of-
Way Certificate for P3234(50) PCN 00RL, 34th Avenue from US14N to Prince
Drive.
F. Action on Resolution No. 25-10, Resolution Authorizing Mayor to Sign the Utility
Certificate for P3234(50) PCN 00RL, 34th Avenue from US14N to Prince Drive.
Motion to approve, request public comment, roll call
Presentations, Special Requests/Invites & Reports
5. Census 2010 update by Mayor Reed.
6. Open Forum.
7. SDSU Student Senate Report.
Contract Awards/Change Orders
8. Action on Resolution No. 26-10, Resolution Authorizing Change Order No. 1 (CCO#1)
for 2009-09STI RioGrand, Napa Valley, Sonoma Valley, and Cumberland Court Valley
View Phase II Project, Bowes Construction Co., Inc.
Ordinance First Readings
9. Ordinance No. 11-10; An Ordinance Amending Section 6-5 of the Code of Ordinances
of the City of Brookings and pertaining to the Markup Percentage on the Sale of
Alcoholic Beverages in the City of Brookings. Public Hearing: March 9th
Second Readings/Public Hearings
10. Ordinance No. 02-10 Budget Amendment #1: Authorizing a Supplemental
Appropriation to the 2010 Budget for the Purpose of Providing for Additional Funds for
the Operation of the City.
City Manager Introduction, Open & Close Public Hearing, Motion to approve – Roll Call
11. Public Hearing and Action on Resolution No. 27-10, a Resolution Levying an Assessment
for Sidewalk Assessment Project No. 2009-10SWR (2009 Sidewalk Repairs).
City Manager Introduction, Open & Close Public Hearing, Motion to approve – Roll Call
12. Public Hearing and Action on Resolution No. 28-10, a Resolution of Intent to Lease Real
Property to Private Entity.
City Manager Introduction, Open & Close Public Hearing, Motion to approve – Roll Call
13. Ordinance No. 03-10: An Ordinance Amending Section 78-38 of the Code of
Ordinances of the City of Brookings, South Dakota and Pertaining to the Use of
Municipal Sales, Service and Use Tax Revenue in the City of Brookings, South Dakota.
City Manager Introduction, Open & Close Public Hearing, Motion to approve – Roll Call
14. Ordinance No. 04-10: An application for a conditional use to establish a Contractors
Shop and Storage Yard in the Business B-3 District (623 Henry Avenue).
City Manager Introduction, Open & Close Public Hearing, Motion to approve – Roll Call
23
City Council Packet
February 23, 2010
15. Ordinance No. 05-10: A petition to rezone Lots 128, 129A, 129B, 130A, 130B, 131A
and 131B, Onaka Village, Indian Hills Addition from a Residence R-2 District to a
Residence R-3 District (Crystal Ridge Rd and Dakota Trail area).
City Manager Introduction, Open & Close Public Hearing, Motion to approve – Roll Call
16. Ordinance No. 06-10: An ordinance amending the zoning ordinance pertaining to
fences.
City Manager Introduction, Open & Close Public Hearing, Motion to approve – Roll Call
17. Ordinance No. 07-10: An ordinance amending the zoning ordinance pertaining to
accessory buildings.
City Manager Introduction, Open & Close Public Hearing, Motion to approve – Roll Call
18. Ordinance No. 08-10: An ordinance amending the zoning ordinance pertaining to
access drives.
City Manager Introduction, Open & Close Public Hearing, Motion to approve – Roll Call
19. Ordinance No. 09-10: An ordinance amending the zoning ordinance pertaining to
brewpubs.
City Manager Introduction, Open & Close Public Hearing, Motion to approve – Roll Call
20. Ordinance No. 10-10: An ordinance amending the zoning ordinance pertaining to signs.
City Manager Introduction, Open & Close Public Hearing, Motion to approve – Roll Call
Other Business
21. Action on an amendment to the City of Brookings Governance and Ends Policies, Ends
Policy 1, Financial Stability, Guideline H.
City Manager Introduction, Motion to approve, Request Public Comment, Roll Call
22. Adjourn.
24
City Council Packet
February 23, 2010
CONSENT AGENDA #4
4. Action to approve the following Consent Agenda Items *
A. Action to approve the agenda.
B. Approval of minutes.
C. Action on an appointment to the Planning Commission.
D. Action on Resolution No. 15-10, Resolution Authorizing Mayor
to Sign the Bid Letting Authorization Document for P3234(50)
PCN 00RL, 34th Avenue from US14N to Prince Drive.
E. Action on Resolution No. 24-10, Resolution Authorizing Mayor
to Sign the Right-of-Way Certificate for P3234(50) PCN 00RL,
34th Avenue from US14N to Prince Drive.
F. Action on Resolution No. 25-10, Resolution Authorizing Mayor
to Sign the Utility Certificate for P3234(50) PCN 00RL, 34th
Avenue from US14N to Prince Drive.
*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 Manager Recommendation: Approve
25
City Council Packet
February 23, 2010
CONSENT AGENDA #4
B. Approval of the City Council minutes.
The draft February 9th Brookings City Council minutes are enclosed for Council review
and approval.
26
City Council Packet
February 23, 2010
Brookings City Council
February 9, 2010
(unapproved)
The Brookings City Council held a meeting on Tuesday, February 9, 2010 at 5:00 p.m., at City
Hall with the following members present: Mayor Tim Reed, Council Members Julie Whaley, John
Kubal, Mike McClemans, Mike Bartley, Jael Thorpe, and Tom Bezdichek. City Manager Jeff
Weldon, City Attorney Steve Britzman, and City Clerk Shari Thornes were also present.
Tour of the Brookings Regional Humane Society Facility. The Council toured the
Brookings Regional Humane Society Facility located at 1027 South Main Avenue.
City Council Member Ex-Officio Reports. Kubal reported the Brookings Municipal
Utilities took action on their 2011 rates with a two percent increase. Several bid contracts
were also awarded. Whaley reported the Brookings Health Systems Board has evaluated land
to the east for future ambulance garages. The current construction project is behind schedule.
City Council Member Introduction of Topics for Future Discussion.
A motion was made by Thorpe, seconded by McClemans, to request for the next work session
a presentation by Al Heuton, Brookings Economic Development Corporation, on an analysis of
2nd penny funds and how the potential expansion of the Swiftel Center fits in with economic
development plans. All present voted yes; motion carried.
McClemans requested a policy discussion review of the city’s current snow removal practices.
The Council agreed, without objection.
Council Invites & Obligations. Shari Thornes, Brookings City Clerk, provided a briefing on
upcoming invitations and obligations.
6:00 P.M. REGULAR MEETING.
Consent Agenda. Resolution No. 17-10 was removed from the consent agenda for separate
action and action to schedule a special City Council meeting on February 18th was added to the
consent agenda. A motion was made by Kubal, seconded by Bartley, to approve the consent
agenda as follows:
A. Action to approve the agenda as amended.
B. Approval of the January 26 City Council Meeting minutes.
C. MOVED OFF OF CONSENT: Action on Resolution No. 17-10, a Resolution
declaring official intent to reimburse.
D. Action on Resolution No. 18-10, a Resolution Fixing Time and Place for Hearing
Upon Assessment Roll For Sidewalk Assessment Project No. 2009-01SWR
(2009 Sidewalk Repair Sites).
Resolution No. 18-10
Resolution Fixing Time and Place for Hearing Upon Assessment Roll for
Sidewalk Assessment Project No. 2009-01SWR
(2009 Sidewalk Repair Sites)
Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows:
27
City Council Packet
February 23, 2010
1. The assessment roll for Sidewalk Assessment Project No. 2009-01SWR having been filed
in the office of the City Clerk on the 1st day of February, 2010, the City Council shall meet
in the Council Chambers, City Hall, in said City on Tuesday, the 23rd day of February, 2010,
at 6:00 o'clock PM, the said date being not less than twenty (20) days from the filing of said
assessment roll for hearing thereon.
2. The City Engineer is authorized and directed to prepare a notice describing, in general
terms Sidewalk Assessment Project No. 2009-01SWR, the date of filing the assessment roll,
the time and place of hearing thereon, stating that the assessment roll will be open for
public inspection at the office of the City Engineer and referring to the assessment roll for
further particulars.
3. The City Clerk is authorized and directed to publish said notice in the official newspaper
at least one (1) week prior to the date set for hearing and to mail a copy thereof, by first
class mail addressed to the owner or owners of any property to be assessed at his, her or
their last mailing address as shown by the records of the Director of Equalization at least
one (1) week prior to the date set for said hearing.
E. Action on Resolution No. 19-10, a Resolution Authorizing Agreement for
Professional Services for Airport Wildlife Fence A.I.P. #3-46-0005-023-2010,
Helms & Associates, Aberdeen, SD.
Resolution No. 19-10
A Resolution Authorizing Agreement for Professional Services for
Airport Wildlife Fence - - A.I.P. #3-46-0005-023-2010
Helms & Associates, Aberdeen, SD
Whereas, the Brookings City Council desires the engineering services for a Perimeter
Wildlife Fence at the Brookings Regional Airport, A.I.P. #3-46-0005-023-2010; and
Whereas, the City of Brookings is obligated to and hereby agrees to be reimbursed by the
Federal Aviation Administration for 95% and SD State Aeronautics Department for 3% of
the allowable costs incurred in accomplishing the Perimeter Wildlife Fence; and
Whereas, that Federal Aviation Administration is hereby requested to authorize Airport
Improvement Project No. 3-46-0005-23-2010 in accordance with the approved grant
agreement.
Now, Therefore, Be Resolved, that the City Manager is hereby authorized to sign an
agreement for professional services for the Federal Aviation Administration Grant AIP
Project No. 3-46-0005-23-2010.
F. Special Meeting. Action to schedule a special City Council meeting on February 18th for
the annual strategic goal setting session.
On the motion, all present voted yes; motion carried.
Resolution No. 17-10. A motion was made by Bartley, seconded by Kubal, to approve
Resolution No. 17-10, a Resolution declaring official intent to reimburse. All present voted
yes; motion carried.
Resolution No. 17-10
A Resolution Declaring Official Intent to Reimburse Expenditures
28
City Council Packet
February 23, 2010
Whereas, the City of Brookings, South Dakota (the "City") intends to incur and pay, or has
incurred and paid, capital expenditures aggregating approximately an amount not to exceed
$7,000,000 (the "Capital Expenditures") for the property, project or program described on the
attached Exhibit A, which is hereby incorporated herein by this reference and made a part
hereof to the same extent as if set out in full herein (said property, project or program is
hereinafter referred to as the "Project"); and
Whereas, payment of the Capital Expenditures will be, or has been, financed, in whole or in
part, on an interim basis from moneys other than proceeds of a borrowing (collectively, the
"Temporary Advances"); and
Whereas, it is reasonably expected that the Temporary Advances will be reimbursed with the
proceeds of one or more borrowings not later than 18 months after the later of (i) the date on
which the first Capital Expenditure financed by a Temporary Advance was paid, or (ii) the date
on which the Project is placed in service or abandoned (but in no event more than 3 years after
the date on which the first Capital Expenditure financed by a Temporary Advance was paid);
and
Whereas, except for architectural, engineering and similar preliminary expenditures incurred
prior to the acquisition or commencement of construction of the Project (but not including
land acquisition, site preparation and other similar costs incident to the acquisition or
commencement of construction of the Project), this Resolution is being adopted prior to or
within 60 days after the payment of the first Capital Expenditure financed by a Temporary
Advance;
Now, Therefore*, Be It Resolved, by this City Council, that the City hereby declares its official
intent for purposes of Treasury Regulation Section 1.150-2 to reimburse the Capital
Expenditures for the Project financed by Temporary Advances with the proceeds of one or
more borrowings, the maximum aggregate principal amount of which is not expected to exceed
$7,000,000.
Resolution No. 20-10. A motion was made by Thorpe, seconded by McClemans, to approve
Resolution No. 20-10, a Resolution Authorizing Change Order No. 1 (CCO#1) to 2009-05STI
SDSU Innovation Campus Infrastructure Phase II, Bowes Construction Company, Inc. No
public comment was made. All present voted yes; motion carried.
Resolution No. 20-10
A Resolution Authorizing Change Order No. 1 (CCO#1) for
2009-05STI SDSU Innovation Campus Infrastructure – Phase II
Bowes Construction Inc.
Be It Resolved by the City Council that the following change order be allowed for 2009-05STI
SDSU Innovation Campus Infrastructure – Phase II: Construction Change Order Number 1
Adjust contract cost to add twenty-six (26) six-inch (6”) gate valves and boxes, add connection
to existing manhole at Station 49+38 and deduct 25,000 square yards of geotextile fabric for a
total increase of $3,258.28 to the contract.
29
City Council Packet
February 23, 2010
Resolution No. 21-10. A motion was made by Whaley, seconded by Bartley, to approve
Resolution No. 21-10, a Resolution Authorizing Change Order No. 2 (CCO#2 Final) for 2009-
08STI Street Maintenance and Overlay Project, Bowes Construction Inc. No public comment
was made. All present voted yes; motion carried.
Resolution No. 21-10
A Resolution Authorizing Change Order No. 2 (CCO#2 Final) For
2009-08STI Street Maintenance and Overlay Project
Bowes Construction Inc.
Be It Resolved by the City Council that the following change order be allowed for 2009-08STI
Street Maintenance and Overlay Project: Construction Change Order Number 2
Adjust bid quantities to final as-built quantities for a decrease of $92,524.04 and adjust the
contract substantial completion date by five working days to close out the project.
First Reading – Ordinance No. 02-10. A first reading was held on Ordinance No. 02-10
Budget Amendment #1: Authorizing a Supplemental Appropriation to the 2010 Budget for the
Purpose of Providing for Additional Funds for the Operation of the City. Public Hearing:
February 23, 2010.
First Reading – Ordinance No. 03-10. A first reading was held on Ordinance No. 03-10:
an Ordinance Amending Section 78-38 of the Code of Ordinances of the City of Brookings,
South Dakota and Pertaining to the Use of Municipal Sales, Service and Use Tax Revenue in the
City of Brookings, South Dakota. Public Hearing: February 23, 2010.
First Reading – Ordinance No. 04-10. A first reading was held on Ordinance No. 04-10,
an application for a conditional use to establish a Contractors Shop and Storage Yard in the
Business B-3 District (623 Henry Avenue). Public Hearing: February 23, 2010.
First Reading – Ordinance No. 05-10. A first reading was held on Ordinance No. 05-10, a
petition to rezone Lots 128, 129A, 129B, 130A, 130B, 131A and 131B, Onaka Village, Indian
Hills Addition from a Residence R-2 District to a Residence R-3 District (Crystal Ridge Rd and
Dakota Trail area). Public Hearing: February 23, 2010.
First Reading – Ordinance No. 06-10. A first reading was held on Ordinance No. 06-10,
an ordinance amending the zoning ordinance pertaining to fences. Public Hearing: February 23,
2010.
First Reading – Ordinance No. 07-10. A first reading was held on Ordinance No. 07-10,
an ordinance amending the zoning ordinance pertaining to accessory buildings. Public Hearing:
February 23, 2010.
First Reading – Ordinance No. 08-10. A first reading was held on Ordinance No. 08-10,
an ordinance amending the zoning ordinance pertaining to access drives. Public Hearing:
February 23, 2010.
30
City Council Packet
February 23, 2010
First Reading – Ordinance No. 09-10. A first reading was held on Ordinance No. 09-10,
an ordinance amending the zoning ordinance pertaining to brewpubs. Public Hearing: February
23, 2010.
First Reading – Ordinance No. 10-10. A first reading was held on Ordinance No. 10-10,
an ordinance amending the zoning ordinance pertaining to signs. Public Hearing: February 23,
2010.
Ordinance No. 01-10. A public hearing was held on Ordinance No. 01-10, an Ordinance
Amending Article I. of Chapter 6 of the Code of Ordinances of the City of Brookings and
Pertaining to the Sale of Alcoholic Beverages on Sunday by the Off-Sale Licensee in the City of
Brookings. A motion was made by Whaley, seconded by Bartley, to approve Ordinance No.
01-10. All present voted yes; motion carried.
Resolution No. 16-10. A motion was made by Thorpe, seconded by Kubal, to approve
Resolution No. 16-10, a Resolution in Support of State Planning and Research Program
Application. No public comment was made. All present voted yes; motion carried.
Resolution No. 16-10
Resolution in Support of State Planning and Research Program Application
Whereas, the City of Brookings is desirous in completing a comprehensive transportation
study; and
Whereas, the State of South Dakota has grant funds available for the State Planning and
Research Program for Local Governments; and
Whereas, the City of Brookings is the sponsoring applicant for funds; and
Whereas, the City is prepared to commit Thirty-five thousand dollars ($35,000) towards the
local match.
Now, Therefore, Be It Resolved that the City Council of the City of Brookings supports the
described application for the Brookings Transportation Study project.
Presentation and possible action on location for Youth Sporting Center/Nature
Park Project.
Randy Hansen gave the following PowerPoint presentation on the project request.
“The Outdoor Learning Center (OLC) Charter is a planned nonprofit organization striving to provide
youth, young adults, active seniors, sportsmen, and outdoor enthusiasts of all ages with the education,
skills, and experiences related to our Dakota Heritage.
Center Components include: precision sports and outdoor education, classrooms, conference/meeting
room, office, repair/maintenance and storage areas, concourse/viewing area, bathroom facilities,
changing areas, and lockers.
31
City Council Packet
February 23, 2010
Development (Community Visioning Approach): Multi-use, shared space with shared operational cost;
planned to have 24-hour adult access by monitored cameras and membership (pass) system for some
areas as allowed by insurance and safety considerations. Range bosses may be required in some areas;
non-member community access to restrooms & changing areas during daylight hours; and special
attention has been given to uniting and advancing educational, recreational, and civic interests while
also promoting tourism and regional event opportunities.
Accomplishes many community goals for the City, Chamber, BEDC, Vision 2010, County & State for
recreation through: 1) establishing regional public/private partnerships, 2) increasing Quality of Life
(indoor 12-month use facility), 3) giving youth, young adults, active seniors and families “something
more to do” (more dynamic community), 4) Economic Development component (promotes growth),
and 5) workforce attraction and retainment component (bundled amenities).
Brookings Park & Recreation Recreational Activities Philosophy and Mission Statement include: 1) to
provide enjoyable recreational activities which enhance the quality of life for participants and volunteer
leaders., 2) to provide recreational opportunities, both competitive and non-competitive, for persons of
all ages at a reasonable expense, and 3) to establish an atmosphere at each sponsored activity which is
supportive of the efforts of each participant and affirms their worth.
Leadership. The OLC is a planned non-profit corporation, to be governed by a board that is responsible
for facilities management (including staffing) with representation from City Parks, County Extension, 4-
H, City Representative, County Representative, and Sportsman Organizations Representation. The
South Dakota 4-H Foundation, Inc. [501c (3) entity] has set up an OLC Fundraising Account.
Beneficiaries and Stakeholders include General: Youth, families, sportsmen, SDSU students, County
personnel, law enforcement, City of Brookings, active seniors, general public and volunteers. Specific:
Youth (4-H, Boy and Girl Scouts, area schools, area youth organizations, County Extension). Others:
Open community (outdoor environment classes, shooting sports programs), County events, City, State
Departments (G, F&P), SDSU students, ROTC, local sportsman & their groups such as: Big Sioux
Bowmen, PF, DU, NWTF, RMEF, NRA, Beacon Hill, Gun Club, Brookings Wildlife Association, and Law
Enforcement.
Impact. This facility will serve Eastern South Dakota and Southwest Minnesota, as well as host regional
and state-wide events.
Outdoor Learning Center Objective: Provide an indoor and outdoor teaching and training center for
year round precision sports while also encompassing seasonal outdoor skill development.
Program Skills Learned. Social and group activities with skill development in the following areas: 1)
multi-trail use, “Exploring Your Environment” 4-H series (nature study & ecology), Winter Sports, dog
obedience and showmanship training, canoeing, kayaking and other outdoor skills and fun, 2) Fishing
(summer and ice) and Hunting, and 3) sportsman ethics, hunt safe, archery, air & BB gun, pistol, and
rifle skills.
Safety First. Kathryn Reeves, Youth Development/4-H Specialist SDSU Extension Service, regarding the
SD 4-H Shooting Sports program said that 4-H Shooting Sports is in its 27th year with 0 (zero)
32
City Council Packet
February 23, 2010
accidents even though the 4-H statewide enrollments have grown to over 2,800 youth participating.
Youth participation averages 4 to 5 years with many staying in the program for 10 years. 4-H Shooting
Sports is an area with a strong group of adult volunteers who typically volunteer for a number of years,
providing stability and constant focus on safety to the program.
Life Skills Learned. 4-H Shooting Sports provides more than safety lessons. “Lessons in life sums it up
pretty well,” states Kathryn Reeves, “We surveyed over 150 participants at the 25th State 4-H Shoot,
and the life lessons they have internalized through this program will influence them long after they give
up target shooting. Youth as young as eight years old sited the shooting sports program as having
helped them to learn to follow rules, concentrate, share, be nice to others and listen. Older youth added
setting goals, discipline, never giving up, teaching others, organization and problem solving.” Teaching:
100% of those surveyed said they knew how to handle their gun or bow safely, and 99% were
confident they could tell a friend how to be safe with a bow or a gun.
Reoccurring Events: Outdoor Adventure Events for all ages (Fishing, Hiking, Canoeing/Kayaking,
Snowshoe/Cross-Country Ski, Mountain Biking, Geocaching, Trail Hiking, “Exploring Your environment”
series, and 4-H Meetings), Sportsmen meeting and training, and Pistol & Archery Leagues.
Facilities. This is proposed to be a 24,420 sq. ft. multi-use facility with classrooms and conference
space, one office, concession area, shooting ranges, bathrooms, changing area and lockers, corridor and
viewing areas. They need a 3.0 acre site on the Nature Park Land for the building, parking and
underground shooting tubes & future expansion.
Projected OLC Cost is an estimated $1.91 million for the building. Breakdown is as follows: building
shell & Mech estimated at $1.16 M, finishes and equipment estimated at $570,000, rifle tubes
estimated at $180,000, and $300,000 endowment for programming.
Funding Plan. Funding possibilities for the building, finishes, and equipment include: SD G,F&P Grant
(once land is solidified), NRA Grants, NFAA Grants, Other Grant Sources are being identified, Sportsmen
organizations donations, and Private donors. SD 4-H Foundation will help identify potential givers in the
process, and asking team pursuit once land is solidified. The City and County requires free city land
and county financial support, property tax exempt, and County Sherriff and City Police Memberships.
The Nature Park provides several possible potential locations for the building site.
Impact for Brookings Area. Currently,800 youth are served through county extension and 4-H
programs and clubs including 100+ youth enrolled in 4-H Shooting Sports. They anticipate over 1,600
attendees for the special events throughout the year. Many will be served through public Nature Park
attendance, Boy and Girl Scouts, area schools, area youth organizations, Open community classes, other
County, City, State Department (G,F&P) events, SDSU students, ROTC, local sportsman & their groups.
and Law Enforcement events.
The Economic Impact of Special Events is projected to be over $100,000/year (Projected from data
provided to the CVB.).
Operation and Maintenance Budget. Once built, the initial one-year Business Plan shows the facility will
be self-sustaining through the membership fee structures, event tickets, fundraisers, concessions, 4-H
33
City Council Packet
February 23, 2010
endowment, and volunteer work hours. They used a balanced budget approach with anticipated
revenues and expenses of $127,000/year. The full 5-year projected business plan will be developed
after land is solidified. Existing City Park & Rec Staff and/or County Extension Staff may occupy the
facility.”
Council Discussion. The Council asked questions about anticipated annual expenses to
maintain the facility, shared uses, shared expenses, storage and handling of firearms, building
size and other needs, other funding sources, future lease agreement contingencies, outside
memberships and anticipated opening date.
A motion was made by Kubal, seconded by Whaley, to recommend dedicating up to three (3)
acres for a long term lease for the outdoor learning center and the final site plan to come back
to the city council for approval.
Discussion: Dave Miller spoke in favor of the proposal and urged the Council to support it.
Whaley was concerned about future expansion and questioned if more acres were needed.
Allyn Frerichs, Park and Recreation Superintendent, said he at this point didn’t know what the
expansion might entail. If this building becomes the focal point for other uses, they could need
more space. He has instructed the consultants to leave space for future expansion.
FRIENDLY AMENDMENT: Whaley made a friendly amendment to change the increase from
three acres to five acres. Kubal agreed to the friendly amendment.
On the motion as amended, to recommend dedicating up to five (5) acres for a long term lease
for the outdoor learning center and the final site plan to come back to the City Council for
approval. All present voted yes; motion carried.
Resolution No. 22-10. A motion was made by Bartley, seconded by Thorpe, to approve
Resolution No. 22-10, a Resolution Authorizing the Purchase of Real Property for the
Intergovernmental Administration Building; Authorizing the Expenditure of Funds for the
Purchase of the Real Property, and Authorizing the Documents to Effectuate the Terms and
Intent of this Resolution. Discussion: City Attorney Britzman noted Resolution No. 22-10 is subject
to referral, financing package, challenge to procedures from a procedural standpoint, and the sellers
must provide a clear and marketable title. Whaley asked if the County would be agreeable to using the
same bond counsel. Weldon noted the County plans to pay their share with cash and would not be
issuing debt. On the motion, all present voted yes; motion carried.
Resolution No. 22-10
Resolution Authorizing the Purchase of Real Property for the Intergovernmental Administration
Building; Authorizing the Expenditure of Funds for the Purchase of the Real Property, and
Authorizing the Documents to Effectuate the Terms and Intent of this Resolution
Be It Resolved by the City Council of the City of Brookings, South Dakota (the “City”), as
follows:
34
City Council Packet
February 23, 2010
Whereas, the City of Brookings is authorized to acquire real property pursuant to South
Dakota Codified Law § 9-12-1(2), and
Whereas, the City has determined that in order to acquire a desirable site for an
Intergovernmental Administration Building, it is necessary and desirable to acquire the real
property described in Exhibit “A”, which is attached hereto and made a part hereof, and
Whereas, the real property described herein is being acquired by the County of Brookings and
the City of Brookings for an Intergovernmental Administration Building to be owned by each
governmental entity in equal undivided shares, and will be utilized and operated pursuant to the
terms of a Joint Powers Agreement between the County of Brookings and the City of
Brookings, and
Whereas, the total cost of the real property described in Exhibit “A” is One Million Eight
Hundred Seventy-four Thousand Five Hundred and no/100 ($1,874,500.00) Dollars, with one-
half (1/2) of said cost paid by the County of Brookings at closing, and one-half (1/2) of said
cost paid by the City of Brookings at closing, and
Whereas, the City of Brookings intends to complete the transactions set forth herein pursuant
to terms, agreements and documents consistent with this Resolution, which shall be
incorporated in Real Estate Purchase Agreements between the owners of the real property as
shown on Exhibit “A” and the County of Brookings and City of Brookings as purchasers, and
such other documents as are necessary to effectuate the terms and intent of this Resolution,
Now Therefore,
1. The real estate transactions set forth herein are hereby authorized, and
2. The Mayor, City Manager and City Clerk are hereby authorized to execute on behalf of
the City the documents required to complete the transactions described herein,
including Real Estate Purchase Agreements consistent with the terms of this Resolution
in a form satisfactory to the City Manager.
Executive Session. A motion was made by McClemans, seconded by Whaley, to enter
Executive Session at 7:40 p.m. for purposes of consulting with legal counsel on pending
contractual matters with the Council, City Attorney, City Clerk, and City Manager present. A
motion was made by Kubal, seconded by Whaley, to exit Executive Session at 8:07 p.m.
Adjourn. A motion was made by Bartley, seconded by McClemans, to adjourn. All present
voted yes; motion carried. Meeting adjourned at 8:07 p.m.
CITY OF BROOKINGS
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
35
City Council Packet
February 23, 2010
CONSENT AGENDA #4
C. Action on Appointment to the Planning Commission.
Mayor Reed is recommending the appointment of Donna DeKraai to the Planning
Commission to fill the vacated term of Stacy Howlett through December 31, 2010.
Membership: 9
Term: 5 years
Residency: Required
Purpose: The City Planning Commission is responsible for the city
comprehensive plan for the physical development of the city,
including areas outside the boundaries of the city and within the
planning jurisdiction.
36
City Council Packet
February 23, 2010
CONSENT AGENDA #4
D. Action on Resolution No. 15-10, a Resolution Authorizing Mayor
to Sign the Bid Letting Authorization Document for P3234(50)
PCN 00RL, 34th Avenue from US14N to Prince Drive.
The South Dakota Department of Transportation has programmed the street project
P3234(50) PCN 00RL, which is 34th Avenue from US14N to Prince Drive. This project
will entail grading, curb & gutter, pavement, storm sewer and striping and Banners
Associates, Inc. has designed the project. The funding for this project is being provided
through the South Dakota Department of Transportation (SDDOT) through the Urban
Surface Transportation Program. The SDDOT staff performs the plan review, bid letting
and inspection for the project. Since this is a federal aid project, the process is lengthier
from design to construction. It is anticipated that the project will be let for bids in May,
2010, although SDDOT will stipulate when the bid letting will occur. If there are issues
with the paperwork or approvals, the bid letting could be delayed. At the time of this
memo, the City has not received the Bid Letting Authorization Document for this
project and the SDDOT will submit it to the City Engineer when it is completed. This
resolution will authorize the Mayor to sign the Bid Letting Authorization Document for
P3234(50) PCN 00RL, 34th Avenue from US14N to Prince Drive in Brookings, South
Dakota.
Resolution No. 15-10
A Resolution Authorizing the Mayor to Sign the Bid Letting Authorization
Document for P3234(50) PCN 00RL - 34th Avenue from US14N to Prince Drive,
Brookings, SD
Whereas, the Brookings City Council desires the 2010 construction improvement of 34th Avenue from
US14N to Prince Drive, Brookings, SD;
Whereas, the City of Brookings is obligated and hereby agrees to provide proper maintenance as
required by the Federal Highway Act as amended and supplemented thereto for the project after
construction is completed and to regulate or cause to be regulated the installation of utility facilities
within the limits of the right-of-way of the proposed project in accordance with State and Federal
requirements;
Whereas, the City of Brookings is obligated and hereby agrees to reimburse the State for all costs not
reimbursable with Surface Transportation Program (STP) Funds and associated State matching funds;
Now, Therefore, Be It Resolved that the Mayor of the City of Brookings is authorized to sign the Bid
Letting Authorization Document for Project P3234(50) PCN 00RL for 34th Avenue from US14N to
Prince Drive, Brookings, SD
Dated this 23rd day of February, 2010.
CITY OF BROOKINGS
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
37
City Council Packet
February 23, 2010
CONSENT AGENDA #4
E. Action on Resolution No. 24-10, a Resolution Authorizing the
Mayor to Sign the Right-of-Way Certificate for P3234(50) PCN
00RL, 34th Avenue from US14N to Prince Drive.
The South Dakota Department of Transportation has programmed the street project
P3234(50) PCN 00RL, which is 34th Avenue from US14N to Prince Drive. This project
will entail grading, curb & gutter, pavement, storm sewer and striping and Banners
Associates, Inc. has designed the project. The funding for this project is being provided
through the South Dakota Department of Transportation (SDDOT) through the Urban
Surface Transportation Program. The SDDOT staff performs the plan review, bid
letting and inspection for the project. Since this is a federal aid project, the process is
lengthier from design to construction. It is anticipated that the project will be let for
bids in May, 2010, although SDDOT will stipulate when the bid letting will occur. If
there are issues with the paperwork or approvals, the bid letting could be delayed. The
City Engineer has visited with the property owners along 34th Avenue to acquire the
necessary permanent and temporary easements that were needed for this project. At
the time of this memo, the City has not received the Right-Of-Way Certificate for this
project and the SDDOT will submit it to the City Engineer when it is completed. This
resolution will authorize the Mayor to sign the Right-Of-Way Certificate for P3234(50)
PCN 00RL, 34th Avenue from US14N to Prince Drive in Brookings, South Dakota
Resolution No. 24-10
A Resolution Authorizing the Mayor to Sign the Utility Certificate for P3234(50)
PCN 00RL - 34th Avenue from US14N to Prince Drive, Brookings, SD
Whereas, the Brookings City Council desires the 2010 construction improvement of 34th Avenue from
US14N to Prince Drive, Brookings, SD;
Whereas, the City of Brookings is obligated and hereby agrees to provide proper maintenance as
required by the Federal Highway Act as amended and supplemented thereto for the project after
construction is completed and to regulate or cause to be regulated the installation of utility facilities
within the limits of the right-of-way of the proposed project in accordance with State and Federal
requirements;
Whereas, the City of Brookings is obligated and hereby agrees to reimburse the State for all costs not
reimbursable with Surface Transportation Program (STP) Funds and associated State matching funds;
Whereas, the City of Brookings, SD, has prepared plans, data, and information in accordance with South
Dakota Department of Transportation guidelines necessary to construct the above project;
Now Therefore, Be It Resolved that the Mayor of the City of Brookings is authorized to sign the Right-
of-Way Certificate for Project P3234(50) PCN 00RL for 34th Avenue from US14N to Prince Drive,
Brookings, SD
Dated this 23rd day of February, 2010.
38
City Council Packet
February 23, 2010
CONSENT AGENDA #4
F. Action on Resolution No. 25-10, a Resolution Authorizing the
Mayor to Sign the Utility Certificate for P3234(50) PCN 00RL,
34th Avenue from US14N to Prince Drive.
The South Dakota Department of Transportation has programmed the street project
P3234(50) PCN 00RL, which is 34th Avenue from US14N to Prince Drive. This project
will entail grading, curb & gutter, pavement, storm sewer and striping and Banners
Associates, Inc. has designed the project. The funding for this project is being provided
through the South Dakota Department of Transportation (SDDOT) through the Urban
Surface Transportation Program. The SDDOT staff performs the plan review, bid letting
and inspection for the project. Since this is a federal aid project, the process is lengthier
from design to construction. It is anticipated that the project will be let for bids in May,
2010, although SDDOT will stipulate when the bid letting will occur. If there are issues
with the paperwork or approvals, the bid letting could be delayed. At the time of this
memo, the City has not received the Utility Certificate for this project and the SDDOT
will submit it to the City Engineer when it is completed. This resolution will authorize
the Mayor to sign the Utility Certificate for P3234(50) PCN 00RL, 34th Avenue from
US14N to Prince Drive in Brookings, South Dakota.
Resolution No. 25-10
A Resolution Authorizing the Mayor to Sign the Utility Certificate for P3234(50)
PCN 00RL - 34th Avenue from US14N to Prince Drive, Brookings, SD
Whereas, the Brookings City Council desires the 2010 construction improvement of 34th Avenue from
US14N to Prince Drive, Brookings, SD;
Whereas, the City of Brookings is obligated and hereby agrees to provide proper maintenance as
required by the Federal Highway Act as amended and supplemented thereto for the project after
construction is completed and to regulate or cause to be regulated the installation of utility facilities
within the limits of the right-of-way of the proposed project in accordance with State and Federal
requirements;
Whereas, the City of Brookings is obligated and hereby agrees to reimburse the State for all costs not
reimbursable with Surface Transportation Program (STP) Funds and associated State matching funds;
Whereas, the City of Brookings, SD, has prepared plans, data, and information in accordance with South
Dakota Department of Transportation guidelines necessary to construct the above project;
Now, Therefore, Be It Resolved that the Mayor of the City of Brookings is authorized to sign the Utility
Certificate for Project P3234(50) PCN 00RL for 34th Avenue from US14N to Prince Drive, Brookings,
SD
Dated this 23rd day of February, 2010.
CITY OF BROOKINGS
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
39
City Council Packet
February 23, 2010
Presentations/Reports/Special Requests
5. Census 2010 update by Mayor Reed.
Mayor Reed will provide an update on the Complete Count 2010 Census
Committee and show a brief video to the City Council, audience, and
public.
40
City Council Packet
February 23, 2010
Presentations/Reports/Special Requests
6. 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.
7. SDSU Student Senate Report.
President – Matt Tollefson
Vice-President – Michael Kendall
Administrative Assistant – Brandon Bausch
Finance Chair – Ashley Dumke
State & Local Chair – Catherine Grandorff
http://studentorgs.sdstate.org/studentsassociation/Default.htm
41
City Council Packet
February 23, 2010
Contract Awards/Change Orders
8. Action on Resolution No. 26-10, a Resolution Authorizing Change
Order No. 1 (CCO#1) to 2009-09STI Rio Grand, Napa Valley,
Sonoma Valley, and Cumberland Court Valley View Phase II
Project, Bowes Construction Co., Inc.
This project entails the construction of streets in the Valley View Addition, located on
the southern part of Brookings adjacent to 20th Street South. This project is Phase II of
the Valley View TIF project which includes water mains and services, sanitary sewer
mains and services, storm sewer, grading, storm sewer, gravel, curb & gutter and asphalt
paving. This project is the second phase of construction for this development and the
streets included in the bid letting are portions of Rio Grand, Napa Valley, Sonoma Valley
and Cumberland Court. The project has two contracts, one for “Grading” which
includes water mains and services, sanitary sewer mains and services, storm sewer,
grading, gravel and curb & gutter and one for “Paving” which includes the asphalt paving
work.
The paving contract for this project required two new bid items to be added which
were adjustment of two manholes and adjustment of 6 water valves for a total increase
of $1,350.00 to the contract with Bowes Construction Co., Inc., which is summarized as
follows:
Original Contract Price: $52,590.00
Increase from Previously Approved Change Orders: $0.00
Contract Price prior to this Change Order: $52,590.00
Increase of this Change Order (No. 1): $1,350.00
Contract Price incorporating this Change Order: $53,940.00
This resolution will authorize Change Order No. 1 for the paving contract with Bowes
Construction Co., Inc. for a total increase of $1,350.00 to the contract.
City Manager Introduction
ACTION: Motion to approve, Request Public Comment, Roll Call
CITY MANAGER RECOMMENDATION - Approve
42
City Council Packet
February 23, 2010
Resolution No. 26-10
Resolution Authorizing Change Order No. 1 (CCO#1) for
2009-09STI Rio Grand, Napa Valley, Sonoma Valley & Cumberland Court
Valley View Phase II Project, Bowes Construction Co., Inc.
Be It Resolved by the City Council that the following change order be allowed for 2009-09STI
Rio Grand, Napa Valley, Sonoma Valley & Cumberland Court Valley View Phase II Project:
Construction Change Order Number 1
Adjust contract for the additional cost to adjust two manholes and six water valves for
an increase of $1,350.00 to the contract.
Passed and approved this 23rd day of February, 2010.
CITY OF BROOKINGS
_________________________
Tim Reed, Mayor
ATTEST:
____________________________
Shari Thornes, City Clerk
43
City Council Packet
February 23, 2010
Ordinance First Readings
9. Ordinance No. 11-10; An Ordinance Amending Section 6-5 of the
Code of Ordinances of the City of Brookings and pertaining to the
Markup Percentage on the Sale of Alcoholic Beverages in the City
of Brookings.
Public Hearing: March 9th
** 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.
Ordinance No. 11-10 was prepared by the city attorney to provide clarity on local
override procedures related to brew pubs, malt beverages and wine and farm wines.
Specifically, subsection B provides a mechanism to collect the city override on beer sold
at a brewpub. Subsection (c) clarify that all farm wine sold in the city is subject to the
override provisions
35-5-3.2. Alcohol occupational tax - Tax for malt beverage manufacturers
selling to public for consumption on licensed premises.
In addition to the provisions of § 35-4-49, a malt beverage manufacturer may sell the
malt beverage such manufacturer manufactures to the public for consumption on the
licensed premises. A malt beverage manufacturer who manufactures less than five
thousand barrels of malt beverage a year may hold on the premises where the malt
beverage is manufactured an on-sale license issued pursuant to subdivision 35-4-2(4) and
subject to the quota established in § 35-4-11 or a malt beverage retailer's license issued
pursuant to subdivision 35-4-2(16) or an on-sale wine license issued pursuant to
subdivision 35-4-2(12). The manufacturer shall pay the tax imposed under subdivision
35-5-3(1) on all malt beverages so sold. Any manufacturer who holds a malt beverage
retailer's license as provided in this section may also hold a malt beverage retailer's
license at other locations but may sell the malt beverages it manufactures only at the
location where the beverages are manufactured or to wholesalers licensed pursuant to
this title.
44
City Council Packet
February 23, 2010
Ordinance No. 11-10
An Ordinance Amending Section 6-5 of the Code of Ordinances of the City of
Brookings and pertaining to the Markup Percentage on the Sale of Alcoholic Beverages in
the City of Brookings.
Be It Ordained and Enacted by the Council of the City of Brookings, State of South
Dakota, as follows:
I.
Sec. 6-5. Markup percentages on the sale of alcoholic beverages.
a) Malt Beverages. The city shall charge and collect a markup of ten percent above the
municipality’s costs of malt beverages, plus freight, for all malt beverages sold within
the city. The markup percentage shall apply to all malt beverages, whether purchased
for on-sale or off-sale purposes.
b) Markup percentage on malt beverages manufactured and sold on the premises of a
licensed malt beverage manufacturer selling for consumption upon a licensed
premises. Any licensed manufacturer of malt beverages shall pay to the City on a
monthly basis, a markup percentage of ten percent (10%) based upon the same
quantities reported to the Department of Revenue for purposes of the occupational tax
on manufactured malt beverages.
c) Wine and Farm Wine. The city shall charge and collect a markup of eleven percent
above the municipality’s costs of beverages, plus freight, for all wine and farm wine
sold within the city. The markup percentage shall apply to all wine and farm wine,
whether purchased for on-sale or off-sale purposes.
II.
Any or all ordinances in conflict herewith are hereby repealed.
First Reading: February 23, 2010
Second Reading: March 9, 2010
Published:
CITY OF BROOKINGS, SD
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
45
City Council Packet
February 23, 2010
Second Readings/Public Hearings
10. Ordinance No. 02-10 Budget Amendment #1: Authorizing a
Supplemental Appropriation to the 2010 Budget for the Purpose
of Providing for Additional Funds for the Operation of the City.
Budget Amendment #1 has many adjustments. Listed below is a summary of the
adjustments.
1. 2009 appropriations not expended within the general fund, special revenue
funds, and capital project funds including the tax increment projects.
2. Correction to the original budget Ordinance No. 21-09. Corrections are
adjusting the ordinance to match the detailed 2010 budget adopted in 2009.
Funds affected are Storm Drainage, Swiftel Center, and Airport.
3. Health insurance and liability insurance was budgeted with increases. The health
insurance had a zero increase and the liability insurance increase was less than
anticipated. Those line items are being reduced.
4. When compiling the 2010 budget the COLA for employees was funded within
the Contingency Fund. These monies are being moved into the departments and
the contingency fund is being reduced accordingly.
5. Monies for land acquisition are being budgeted in the general fund and in the
public improvement fund. It is anticipated some of these monies would be
returned in the future when financing is completed for pending capital projects.
6. Grant money for energy efficient lighting is being recognized and the expenditure
of the grant.
7. Grant money for the Airport Fencing Project and Wildlife Assessment are being
added.
City Manager Introduction
ACTION: Open & Close Public Hearing, Motion to Approve, Roll Call
CITY MANAGER RECOMMENDATION – Approve
46
City Council Packet
February 23, 2010
Ordinance No. 02-10
An Ordinance Entitled “An Ordinance Authorizing a Supplemental
Appropriation to the 2010 Budget for the Purpose of Providing for Additional Funds
for the Operation of the City.”
Be It Ordained by the City of Brookings, South Dakota:
Whereas, there are 2009 funds not expended in the amount of $147,308 within the general
fund,
And Whereas, there are 2009 capital not expended in the amount of $687,007 within the
special revenue funds,
And Whereas, there is a need to complete three capital projects from 2009 in the amount of
$1,706,572,
And Whereas, the City Council passed resolution 138-09 accepting the bid for a new rescue
style pumper fire truck,
And Whereas, the Airport will receive grant money for a fence project and wildlife assessment,
And Whereas, there is a need to move from the contingency fund the cola and adjust the
budget to respond to the actual revenues and expenditures in fiscal year 2010,
And Whereas State Law (SDCL 9-21-7) and the City Charter (4.06 (a) permit supplemental
appropriations provided there are sufficient funds and revenues available to pay the
appropriation when it becomes due,
Now, Therefore, Be It Resolved by the City Council that the City Manager be authorized to
make the following budget adjustments to the 2010 budget:
Budget Amendment #1
Revenue Expense
Policy & Adm-City Council, City Clerk, City Manager 659
Financial Adm-Finance, Human Res 3,503
Other-Non-Dept, Gen Gov Buildings, IT 187,000 247,067
Public Safety-Police, Fire, Animal Control (90,987)
Public Works-Comm Dev, Engineer, Street 173,992 194,017
Culture & Recreation-Park, Rec, Forestry, Library 76,733
Total General Government 360,992 430,992
25% Sales & Use Tax 30,182
75% Public Improvement 1,599,869
E-911 (25,257)
47
City Council Packet
February 23, 2010
Swiftel Center 359,869 59,869
Industrial Park 27,269
Storm Drainage 753,680 3,333
3rd B Sales & Use Tax 10,735
Total Special Revenue 1,113,549 1,706,000
Streetscape 497,508
TIF#1 Innovation Campus 1,280,178 969,064
TIF#3 Valley View Addition 689,785 689,785
TIF#4 Sieler Addition 74,341 74,341
Bike Trail 200,000 200,000
Total Capital Projects 2,244,304 2,430,698
Airport Fund 448,690 196,784
Total Enterprise Funds 448,690 196,784
All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
First Reading : February 9, 2010
Second Reading: February 23, 2010
Published: February 26, 2010
CITY OF BROOKINGS
_________________________
Tim Reed, Mayor
ATTEST:
____________________________
Shari Thornes, City Clerk
48
Budget Ordinance 02‐10
Amendment #1
February 9, 2010 By Function
Original Amended Difference
Account Number Department Description Detail Budget Budget
101‐401‐5‐421‐00 Mayor & Council Insurance Premium Disb $1,091 $918 ‐$173
101‐403‐5‐101‐00 City Clerk Regular Pay COLA & PP $132,443 $135,833 $3,390
101‐403‐5‐123‐00 City Clerk Group Ins Premium Disb $41,732 $38,019 ‐$3,713
101‐403‐5‐421‐00 City Clerk Insurance Premium Disb $424 $353 ‐$71
101‐406‐5‐101‐00 City Manager Regular Pay COLA & PP $116,480 $117,040 $560
101‐406‐5‐101‐06 City Manager Car Allow Per Council $4,800 $6,000 $1,200
101‐406‐5‐123‐00 City Manager Group Ins Premium Disb $5,945 $5,434 ‐$511
101‐406‐5‐421‐00 City Manager Insurance Premium Disb $141 $118 ‐$23
Policy & Adm Expenses $659
101‐414‐5‐101‐00 Human Resources Regular Pay COLA & PP $111,032 $114,184 $3,152
101‐414‐5‐123‐00 Human Resources Group Ins Premium Disb $20,785 $18,951 ‐$1,834
101‐414‐5‐421‐00 Human Resources Insurance Premium Disb $283 $235 ‐$48
101‐415‐5‐101‐00 Finance Regular Pay COLA & PP $213,821 $219,675 $5,854
101‐415‐5‐123‐00 Finance Group Ins Premium Disb $40,047 $36,510 ‐$3,537
101‐415‐5‐421‐00 Finance Insurance Premium Disb $564 $480 ‐$84
Financial Adm Expenses $3,503
101‐000‐4‐664‐00 Non Departmental Sale of Asset ICAP $0 $160,000 $160,000
101‐000‐4‐691‐40 Insurance Refund/Disc Insurance Disc $8,000 $35,000 $27,000101 000 4 691 40 Insurance Refund/Disc Insurance Disc $8,000 $35,000 $27,000
Other & Nondepartmental Revenue $187,000
101‐405‐5‐422‐03 Consulting Engineering Traffic Study $0 $50,000 $50,000
101‐405‐5‐856‐61 Performance Pay PP $20,000 $3,600 ‐$16,400
101‐405‐5‐856‐99 Contingency COLA & Land $256,977 $177,154 ‐$79,823
101‐405‐5‐856‐99 Contingency Land Acquisition $177,769 $100,000 ‐$77,769
101‐405‐5‐910‐00 GF Non Dep Land Acquisition $0 $366,000 $366,000
101‐416‐5‐101‐00 Information Tech Regular Pay COLA & PP $41,630 $42,459 $829
101‐416‐5‐123‐00 Information Tech Group Ins Premium Disb $4,887 $4,467 ‐$420
101‐416‐5‐421‐00 Information Tech Insurance Premium Disb $141 $118 ‐$23
101‐417‐5‐421‐00 Gen Gov Buildings Insurance Premium Disb $7,665 $12,338 $4,673
Other & Nondepartmental Expense $247,067
101‐421‐5‐101‐00 Police Regular Pay COLA & PP $1,547,820 $1,550,920 $3,100
101‐421‐5‐123‐00 Police Group Ins Premium Disb $407,082 $319,230 ‐$87,852
101‐421‐5‐421‐00 Police Insurance Premium Disb $21,226 $20,350 ‐$876
101‐421‐5‐427‐01 Police Travel Moving‐Registration $4,900 $8,000 $3,100
101‐421‐5‐427‐02 Police Registration From Travel $8,000 $4,900 ‐$3,100
101‐422‐5‐101‐00 Fire Regular Pay COLA & PP $164,073 $168,788 $4,715
101‐422‐5‐123‐00 Fire Group Ins Premium Disb $39,997 $33,423 ‐$6,574
101‐422‐5‐421‐00 Fire Insurance Premium Disb $22,909 $23,389 $480
101‐442‐5‐101‐00 Animal Control Regular Pay COLA & PP $38,202 $38,939 $737
101‐442‐5‐123‐00 Animal Control Group Ins Premium Disb $16,733 $12,059 ‐$4,674
101‐442‐5‐421‐00 Animal Control Insurance Premium Disb $501 $458 ‐$43
Public Safety Expense ‐$90,987
101‐418‐4‐334‐09 Community Dev 09 bal Grant SRTS $0 $66,449 $66,449
101‐418‐4‐334‐10 Community Dev Energy Grants $0 $107,543 $107,543
Public Works Revenue $173,992
101‐418‐5‐101‐00 Community Develop Regular Pay COLA & PP $245,037 $251,275 $6,238
Page 1
Budget Ordinance 02‐10
Amendment #1
February 9, 2010 By Function
Original Amended Difference
Account Number Department Description Detail Budget Budget
101‐418‐5‐123‐00 Community Develop Group Ins Premium Disb $45,784 $28,815 ‐$16,969
101‐418‐5‐421‐00 Community Dev Insurance Premium Disb $803 $882 $79
101‐418‐5‐441‐04 Community Dev 09 bal Safe Rts to School $0 $66,449 $66,449
101‐418‐5‐441‐05 Community Dev Energy Lite fix/bulbs $0 $107,543 $107,543
101‐419‐5‐101‐00 Engineering Regular Pay COLA & PP $287,104 $295,040 $7,936
101‐419‐5‐123‐00 Engineering Group Ins Premium Disb $34,596 $31,573 ‐$3,023
101‐419‐5‐421‐00 Engineering Insurance Premium Disb $7,645 $5,721 ‐$1,924
101‐419‐5‐920‐00 Engineering Traffic Signal Orchard $0 $20,000 $20,000
101‐431‐5‐101‐00 Street Regular Pay COLA & PP $566,091 $596,157 $30,066
101‐431‐5‐123‐00 Street Group Ins Premium Disb $139,490 $119,162 ‐$20,328
101‐431‐5‐421‐00 Street Insurance Premium Disb $35,855 $33,805 ‐$2,050
Public Works Expense $194,017
101‐451‐5‐101‐00 Recreation Regular Pay COLA & PP $194,155 $199,310 $5,155
101‐451‐5‐123‐00 Recreation Group Ins Premium Disb $37,294 $31,252 ‐$6,042
101‐451‐5‐421‐00 Recreation Insurance Premium Disb $12,350 $10,925 ‐$1,425
101‐452‐5‐101‐00 Parks Regular Pay COLA & PP $359,557 $367,868 $8,311
101‐452‐5‐101‐06 Parks Car Allow $1,200 $1,500 $300
101‐452‐5‐123‐00 Parks Group Ins Premium Disb $108,761 $96,337 ‐$12,424
101‐452‐5‐421‐00 Park Insurance Premium Disb $29,200 $26,771 ‐$2,429
101‐452‐5‐911‐00 Parks‐CIP Building Bandshell $125,000 $137,456 $12,456101 452 5 911 00 Parks CIP Building Bandshell $125,000 $137,456 $12,456
101‐452‐5‐920‐00 Parks‐Hillcrest Equipment Playground $25,000 $70,000 $45,000
101‐452‐5‐940‐00 Parks‐Camelot Other Cap Playground $50,000 $73,403 $23,403
101‐454‐5‐101‐00 Forestry Regular Pay COLA & PP $211,740 $216,379 $4,639
101‐454‐5‐101‐06 Forestry Car Allow $600 $750 $150
101‐454‐5‐123‐00 Forestry Group Ins Premium Disb $43,202 $40,723 ‐$2,479
101‐454‐5‐421‐00 Forestry Insurance Premium Disb $4,465 $4,070 ‐$395
101‐455‐5‐101‐00 Library Regular Pay COLA & PP $455,254 $464,530 $9,276
101‐455‐5‐123‐00 Library Group Ins Premium Disb $76,961 $70,967 ‐$5,994
101‐455‐5‐421‐00 Library Insurance Premium Disb $7,860 $7,091 ‐$769
Culture & Recreation Expense $76,733
Total General Fund Revenue $360,992
Total General Fund Expense $430,992
212‐000‐7‐899‐00 25% Sales & Use Engine 4 Overage $400,000 $430,182 $30,182
25% Sales & Use $30,182
213‐000‐5‐856.67 75% Public Improve 09 bal Wellness Center $0 $500,000 $500,000
213‐000‐7‐899‐03 75% Public Improve 09 bal Swiftel‐Lite Proj $350,000 $409,869 $59,869
213‐000‐7‐899‐26 75% Public Improve 09 bal Bike Trail $101,000 $141,000 $40,000
213‐000‐5‐910‐00 75% Public Improve Land Acquisition $0 $1,000,000 $1,000,000
75% Public Improve $1,599,869
214‐000‐5‐123‐00 E‐911 Group Ins Premium Disb $87,646 $55,989 ‐$31,657
214‐000‐5‐425‐06 E‐911 Main Radio Inc maintenance $500 $1,500 $1,000
214‐000‐5‐920‐00 E‐911 Server VMW $17,100 $22,500 $5,400
E‐911 ‐$25,257
Page 2
Budget Ordinance 02‐10
Amendment #1
February 9, 2010 By Function
Original Amended Difference
Account Number Department Description Detail Budget Budget
224‐000‐6‐700‐04 Transfer In 09 capital $350,000 $409,869 $59,869
224‐000‐6‐700‐04 Transfer In 09 capital Correct Ord 21‐09 $409,869 $709,869 $300,000
Swiftel Center $359,869
224‐000‐5‐940‐01 Swiftel Center 09 bal Lite Proj‐Phase II $350,000 $409,869 $59,869
Swiftel Center $59,869
278‐000‐5‐960‐00 Industrial Park 09 bal 32nd Ave N Proj $0 $27,269 $27,269
Industrial Park $27,269
282‐000‐4‐112‐01 Storm Drainage Fees Correct Ord 21‐09 $0 $645,000 $645,000
282‐000‐4‐112‐03 Storm Drainage Fees Correct Ord 21‐09 $0 $108,680 $108,680
Storm Drainage Revenue $753,680
282‐000‐5‐101‐00 Storm Drainage Regular Pay COLA & PP $48,777 $52,110 $3,333
Storm Drainage Expense $3,333
284‐000‐5‐422‐07 3rd B Tax 09 bal Video & Granicus $30,000 $40,735 $10,735
$10,735
513‐000‐5‐856‐99 Streetscape 09 bal Contingency $0 $325,094 $325,094
513‐000‐5‐940‐00 Streetscape 09 bal Street & Sidewalk $0 $172,414 $172,414
Streetscape $497,508Streetscape$497,508
514‐000‐4‐653‐50 Innovation Campus 09 bal SRF Loan $0 $1,152,161 $1,152,161
514‐000‐4‐653‐51 Innovation Campus 09 bal SRF Loan‐Stimulus $0 $128,017 $128,017
Innovation Campus Revenue $1,280,178
514‐000‐5‐429‐09 Innovation Campus 09 bal Other Project Exp $0 $10,000 $10,000
514‐000‐5‐429‐10 Innovation Campus 09 bal Storm Dr Sewer $0 $745,000 $745,000
514‐000‐5‐433‐01 Innovation Campus 09 bal Street,curb,gutter $2,022,500 $2,077,669 $55,169
514‐000‐5‐450‐08 Innovation Campus 09 bal Designing Fee $171,500 $330,395 $158,895
Innovation Campus Expenses $969,064
516‐000‐4‐653‐50 TIF#3 Valley View Addn 09 bal Loan Proceeds $0 $689,785 $689,785
TIF#3 Valley View Addn Revenue $689,785
516‐000‐5‐429‐09 TIF#3 Valley View Addn 09 bal Other Project Exp $0 $135,437 $135,437
516‐000‐5‐433‐01 TIF#3 Valley View Addn 09 bal Project Construct $0 $554,348 $554,348
TIF#3 Valley View Addn Expense $689,785
517‐000‐4‐653‐50 TIF#4 Sieler Addn 09 bal Loan Proceeds $0 $74,341 $74,341
TIF#4 Sieler Addn Revenue $74,341
517‐000‐5‐429‐09 TIF#4 Sieler Addn 09 bal Other Project Exp $0 $20,000 $20,000
517‐000‐5‐433‐01 TIF#4 Sieler Addn 09 bal Project Construct $0 $54,341 $54,341
TIF#4 Sieler Addn Expense $74,341
550‐000‐4‐334‐09 Bike Trail 09 bal Grants $424,000 $584,000 $160,000
550‐000‐6‐700‐04 Bike Trail 09 bal Transfer in $101,000 $141,000 $40,000
Bike Trail Revenues $200,000
550‐000‐5‐940‐00 Bike Trail 09 bal Improvement $525,000 $725,000 $200,000
Bike Trail Expenses $200,000
Page 3
Budget Ordinance 02‐10
Amendment #1
February 9, 2010 By Function
Original Amended Difference
Account Number Department Description Detail Budget Budget
606‐000‐4‐334‐09 Airport Reimb Grants $196,690 $637,380 $440,690
606‐000‐4‐848‐12 Airport Rent Rental $20,000 $28,000 $8,000
Airport Revenues $448,690
Total Airport Personnel Correct Ord 21‐09 $404,539 $160,703 ‐$243,836
606‐000‐5‐911‐00 Airport Bldgs Fence Project $80,000 $520,000 $440,000
606‐000‐5‐940‐00 Airport Other Cap Wildlife assmnt $294,880 $295,500 $620
Airport Expenses $196,784
Page 4
City Council Packet
February 23, 2010
Second Readings/Public Hearings:
11. Public Hearing and Action on Resolution No. 27-10, a Resolution
Levying an Assessment for Sidewalk Assessment Project No.
2009-10SWR (2009 Sidewalk Repairs).
This project entailed construction of miscellaneous concrete work in the 2009 sidewalk
area. This project included repair of curb and gutter, fillets, valley gutters, curb ramps and
homeowner trip hazard sidewalks. Also included with this project was curb repair on 4th
and 5th Streets between 3rd Avenue and 5th Avenue in preparation for the asphalt overlay
project and new sidewalk along the detention pond lots in Timberline Addition as well as
accessible ramps and sidewalk improvements in Camelot Park.
This project has been closed out and this resolution is the final step of the assessment
process for the homeowner trip-hazard sidewalks. Resolution No. 68-09 authorized the
sidewalk assessment project and the resolutions to prepare the assessment roll and fix
the date for the hearing have been approved and the assessment is ready to be levied.
The assessment cost for each landowner is calculated by using their specific sidewalk
cost plus the 6% engineering and administration fee. Each landowner was mailed a copy
of the assessment roll showing the cost for each property and a notice of this hearing.
The assessment roll gives each owner a breakdown in cost showing sidewalk, valve
replacement and concrete sawing. This resolution will levy the assessment and
authorize the Finance Office to send each owner a bill for the repairs. The payments
are recovered into the assessment fund.
City Manager Introduction
ACTION: Open & Close Public Hearing, Motion to Approve, Roll Call
CITY MANAGER RECOMMENDATION – Approve
53
City Council Packet
February 23, 2010
Resolution No. 27-10
Levying Assessment for Sidewalk Assessment Project No. 2009-01SWR
Whereas, the City Council has provided for the following work to be completed under Project
No. 2009-01SWR. (2009 Sidewalk Repair Sites)
Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows:
1. The City Council has made all investigation which it deems necessary and has found
and determined that the amount which each lot or tract will be benefited by the
construction of the sidewalk improvement heretofore designated as Sidewalk
Assessment Project No. 2009-01SWR is the amount stated in the proposed
assessment roll.
2. The assessment for Sidewalk Assessment Project No. 2009-01SWR is hereby
approved and the assessment thereby specified are levied against each and every lot,
piece or parcel of land thereby described.
3. Such assessments, unless paid within thirty (30) days after the date of mailing of a
statement of account by the City, shall be collected by the City in accordance with
the procedure for Plan One in Sections 9-43-30 to 9-43-41, South Dakota Compiled
Laws of 1967, as amended with interest of 10% on the unpaid balance.
4. Assessments amounting to less than $300.00 shall be paid in one payment.
Passed and approved this 23rd day of February 2010.
CITY OF BROOKINGS
________________________________
Tim Reed, Mayor
ATTEST:
_________________________________
Shari Thornes, City Clerk
54
2009-01SWR ASSESSMENT ROLL2009 Prices: Saw Concrete: $5.30/Ln.Ft.February 1, 2010SIDEWALK REPLACEMENT PROJECTRemove 4" Sidewalk: $2.12/Sq.Ft.Adjust Curb Stop: $106.00/EachPAGE 1 of 1Install 4" Sidewalk: $3.71/Sq.Ft. PROPERTY SIDEWALKSIDEWALKADJUSTADJUSTPARCEL NUMBERLEGAL DESCRIPTIONOWNERADDRESSREMOVED REMOVALINSTALLED INSTALLATION SAWING SAWING CURB STOP CURB STOP TOTAL(SQ.FT.)COST(SQ.FT.)COST(LN.FT.)COST (EACH)COST COST Lot 10Larry & Lynn Cramer40265-01500-010-00 - 118 Half Moon Road 118 Half Moon Road 68.00$144.16 68.00$252.28 0.0$0.00 0.0$0.00$396.44Indian Hills Santee Village Brookings, SD 57006Lot 40APaul Heer40265-02000-040-00 - 128 Trail Ridge Road128 Trail Ridge Road 23.60$50.03 23.60$87.56 0.0$0.00 0.0$0.00$137.59Indian Hills Sioux Village Brookings, SD 57006Lot 39A Jack & Joanne Brock40265-02000-039-00 - 134 Trail Ridge Road 134 Trail Ridge Road 154.00 $326.48 154.00 $571.34 0.0 $0.00 0.0 $0.00 $897.82Indian Hills Sioux Village Brookings, SD 57006Lot 68Denver Kruse40265-01500-068-00 -142 Santee Trail142 Santee Trail 20.00 $42.40 20.00 $74.20 0.0 $0.00 0.0 $0.00 $116.60Indian Hills Santee Village Brookings, SD 57006Lot 42Gary Christensen40265-01500-042-00 -211 Santee Pass211 Santee Pass 21.60 $45.79 21.60 $80.14 0.0 $0.00 0.0 $0.00 $125.93Indian Hills Santee Village Brookings, SD 57006Lot 43Mark & Patricia Hendricks40265-01500-043-00 -217 Santee Pass217 Santee Pass 23.40$49.61 23.40$86.81 0.0$0.00 0.0$0.00$136.42Indian Hills Santee Village Brookings, SD 57006Lot 1 Douglas Herold40265-01500-001-00 - 316 Half Moon Road 316 Half Moon Road 22.10$46.85 22.10$81.99 0.0$0.00 0.0$0.00$128.84Indian Hills Santee Village Brookings, SD 57006Lot 27 Mark & Toni Richardson40255-00100-027-00 Block 1 513 Deer Pass 513 Deer Pass 20.00$42.40 20.00$74.20 0.0$0.00 0.0$0.00$116.60Hunters RidgeBrookings, SD 57006Lot 12 William & Mary Lynn Gengler40458-00400-012-00 Block 4705 Arrowhead Pass705 Arrowhead Pass 40.00$84.80 40.00$148.40 0.0$0.00 0.0$0.00$233.20Pheasant NestBrookings, SD 57006Lot 6 Gary & Pamela Larson40458-00100-006-00 Block 1 805 Pheasant Run Road 805 Pheasant Run Road 16.40$34.77 16.40$60.84 0.0$0.00 0.0$0.00$95.61Pheasant NestBrookings, SD 57006Lot 2 David & Jeanne Kaufman40458-00300-002-00 Block 3 806 Pamela Drive 806 Pamela Drive 18.40$39.01 18.40$68.26 0.0$0.00 0.0$0.00$107.27Pheasant NestBrookings, SD 57006Re-plat of Lot 9Roger & Denise Plooster40155-00300-009-00 Block 3 1010 Christine Avenue 1010 Christine Avenue 16.00$33.92 16.00$59.36 0.0$0.00 0.0$0.00$93.28FairgroundsBrookings, SD 57006Lot 35, Exc N 70 thereof, all Lot 34Larry & Sandra Sutton40265-02000-035-00 - 1634 Sioux Trail 1634 Sioux Trail 20.00$42.40 20.00$74.20 0.0$0.00 0.0$0.00$116.60Indian Hills Sioux Village Brookings, SD 57006Lot 2 Steven & Jae Greve40338-00700-002-00 Block 7 1636 7th Avenue South 1636 7th Avenue South 18.00$38.16 18.00$66.78 0.0$0.00 0.0$0.00$104.94McClemans Brookings, SD 57006SW1/4, N115' OL 9, SE1/4Richard Heyduk40960-11050-353-42 -1704 Main Avenue South 1704 Main Avenue South 23.40$49.61 23.40$86.81 0.0$0.00 0.0$0.00$136.4235-110-50 Brookings, SD 57006TOTAL:504.90504.900.000.0$2,943.57S:\City Engrs\_All Projects\Sidewalk Projects\2009\2009‐01ROLL
City Council Packet
February 23, 2010
Second Readings/Public Hearings:
12. Public Hearing and Action on Resolution No. 28-10, a Resolution
of Intent to Lease Real Property to Private Entity.
The City purchased property in 2009 from Randall and Brenda Pitts, located west of the
Brookings Regional Airport. This property has a residential home the City would like to
lease. The proposed tenant is Carrie Caraway who will lease this property as a single-
family residence for a period of one year. The notice of the public hearing was
published in the newspaper as required. After the public hearing, this resolution will
authorize the City to enter into a lease with Carrie Caraway for a period of one year.
Resolution No. 28-10
Resolution of Intent to Lease Real Property to Private Entity
Be It Resolved by the governing body of the City of Brookings, South Dakota
that the City of Brookings intends to enter into a Lease with Carrie Caraway, for a
period of one year and pertaining to the following described property:
Sublot “A” of Outlot One (1) of the Southwest Quarter of the Northwest
Quarter (SW1/4NW1/4) of Section Twenty-seven (27), Township One
Hundred Ten (110), Range Fifty (50) West of the 5th P.M., County of
Brookings, State of South Dakota, otherwise known as 304 West 16th
Avenue South.
Be It Further Noted, that a Public Hearing on this Resolution was held on this
23rd day of February, 2010 at 6:00 o'clock P.M. at the City Council Chambers and that
all persons were given an opportunity to be heard on the intent to lease real property.
Passed and approved this 23rd day of February, 2010.
CITY OF BROOKINGS, SD
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
City Manager Introduction
ACTION: Open & Close Public Hearing, Motion to Approve, Roll Call
CITY MANAGER RECOMMENDATION – Approve
56
City Council Packet
February 23, 2010
LEASE AGREEMENT
_____________
THIS LEASE AGREEMENT (hereafter the “Agreement”) is made and entered into this
_____ day of _________________, 2010, by and between the City of Brookings, South
Dakota, Inc., a South Dakota Municipal Corporation, (hereinafter referred to as “Lessor”), and
Carrie Caraway, (hereinafter referred to as “Tenants”), for the rental of a dwelling located at 304
West 16 th Avenue South, Brookings, South Dakota 57006.
WITNESSETH:
FOR AND IN CONSIDERATION of the mutual covenants, promises and conditions set
forth and contained herein, the parties to this Lease Agreement covenant and agree as follows:
1. Effective Date. This Lease Agreement shall be effective upon execution by
both parties hereto.
2. Description of the Property to be Leased. It is understood and agreed,
subject to the terms and conditions set forth in this Agreement, that Lessor hereby agrees to
lease to Tenants, and Tenants hereby agree to lease from Lessor, for the amounts and
according to the terms provided in this Agreement, the property located at 304 West 16th
Avenue South, Brookings, South Dakota 57006.
3. Term of Lease/Occupancy. Lessor and Tenants agree to lease this dwelling
for a one (1) year term beginning ________________, 2010 and ending
________________, 2011. This Lease will automatically renew monthly unless terminated by
Lessor or Tenants. If either Tenants or Lessor desires to terminate this Lease following the
initial term, then either party shall give the other party thirty (30) days notice of termination.
4. Lease Payments/Late Rental Payment and Returned Checks. Tenants
agree to pay Lessor on or before the first (1st) day of each month, a monthly rental payment of
One Thousand and no/100 ($1,000.00) Dollars, payable at City Hall, P.O. Box 270, Brookings,
South Dakota 57006.
Rent that is paid after the 15th of the month is subject to a late charge of Fifty Dollars
($50.00) which shall be paid with the rent payment which is late. Lessor shall not be obligated
to accept late payments and may pursue eviction proceedings in the event rent is not paid when
due. If any of Tenants’ checks are returned for insufficient funds, Tenants shall pay Lessor a bad
check charge of Thirty Dollars ($30.00) payable immediately upon notification of the bad check.
5. Security Deposit. At the time of execution of this Lease, the Tenants shall
deposit with Lessor the sum of One Thousand and no/100 ($1,000.00) Dollars as security for
Tenants’ performance of all of their obligations hereunder. Lessor shall hold the security
deposit in an interest bearing account and return said security deposit plus accrued interest to
57
City Council Packet
February 23, 2010
Tenants within fourteen (14) days of the expiration of this Lease if Tenants have performed all
of their obligations. If Tenants default in the performance of any of their obligations hereunder,
including but not limited to the payment of rent or utilities, the Lessor may use, apply or retain
all or any part of such security deposit for the payment of any unpaid rent or utilities, or for any
other amount which the Lessor may be required to spend by reason of the Tenants’ default,
including any damages or costs in the reletting of the leased property.
6. Maintenance and Repair. Lessor shall maintain the exterior of the residence,
including the roof. Tenants shall maintain the driveway, sidewalk and lawn, to include snow
removal and mowing as needed. The Tenants will maintain the condition of the interior of the
residence, except for ordinary wear and tear; and will promptly replace and repair all breakage
or damages caused by Tenants with material of the same quality. Prior to completing any
repairs, Tenants shall obtain permission from Lessor.
Tenants will not make any structural alternations or additions to the residence without
the written consent of Lessor. At the expiration of the Lease, Tenants are required to leave the
residence in a neat and clean manner.
7. Utilities/Appliances/Miscellaneous. During Tenants’ occupancy, Tenants
agree to timely pay all of the utilities. Lessor shall have no obligation to pay utilities under this
Lease Agreement. Lessor warrants the operation of the dishwasher, range, microwave and
water softener for three (3) months from the date of occupancy. Tenants agree to purchase
and pay all expenses associated with the propane tank, water softener salt, furnace filters and
light bulbs. Tenant hereby agrees not to let the propane tank get below 25% full and to replace
the propane upon vacating the property in an amount commensurate with the amount in the
tank at the time of taking occupancy. Tenant understands the hot tub is not currently operable
but Tenant may use the hot tub if Tenants wish to make repairs at their own expense.
Tenants must provide their own refrigerator, washer and dryer. Tenants shall retain the
refrigerator, washer and dryer at the termination of this lease.
8. Insurance. The Lessor shall maintain fire and casualty insurance for the
residence. The Tenants shall insure their own personal property to the extent they desire.
9. Fire or Casualty. In the event the leased premises are wholly or partially
destroyed by fire or other casualty covered by the usual form of fire and extended casualty
insurance which renders the premises untenantable, this Lease shall terminate. In the event of
lease termination due to destruction of the residence, rent shall abate and the unearned
portion shall be refunded.
58
City Council Packet
February 23, 2010
10. Use of Premises. The property described above is leased to the Tenants for
the sole purpose of residential living. Tenants agree to comply with all applicable laws,
ordinances and regulations in connection with their use of the leased premises.
11. Pets. Tenants agree not to have or keep any dogs, cats or other pets on the
premises.
12. Sublease. The premises may not be subleased without written consent of the
Lessor; and shall not be used for any purpose other than a dwelling for the Tenants named
herein.
13. Lessor’s Access. Lessor and its agents shall have the right to enter the rented
premises at reasonable times upon twenty-four (24) hours notice to inspect the premises; to
insure maintenance, and to repair any damage to the premises.
14. Injury and Loss. Lessor shall not be responsible or liable for any loss, theft or
damage to property or injury to or death of Tenants or any person on or about the leased
premises, and Tenants agree to indemnify, defend and hold Lessor harmless therefrom.
15. Surrender. At the expiration of the initial term of this Lease, or any renewal
thereof, Tenants shall quit and surrender the premises hereby leased in as good a state and
condition as reasonable use and wear thereof will permit. Any holding over by Tenants shall not
operate, except by written agreement, to extend or renew this Lease, and no tenancy of any
duration shall be created thereby.
16. Waiver. The consent of the Lessor in any instance to any variation of the terms
of this Lease, or the receipt of rent with knowledge of any breach, shall not be deemed to be a
waiver as to any breach of any covenant or condition herein contained, nor shall any waiver be
claimed as to any provision of this Lease unless the same be in writing, signed by the Lessor or
Lessor’s Agent.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement and by their
execution each acknowledge receipt of one original copy and further acknowledge that this
Agreement is binding upon themselves, their heirs, next of kin and personal representatives.
59
City Council Packet
February 23, 2010
Second Readings/Public Hearings:
13. Ordinance No. 03-10: An Ordinance Amending Section 78-38 of
the Code of Ordinances of the City of Brookings, South Dakota
and Pertaining to the Use of Municipal Sales, Service and Use Tax
Revenue in the City of Brookings, South Dakota.
Pursuant to City Council direction from the January 26th meeting, the enclosed
ordinance has been prepared to repeal Section 78-38 of the Code of Ordinances of the
City of Brookings, South Dakota and Pertaining to the Use of Municipal Sales, Service
and Use Tax Revenue in the City of Brookings, South Dakota.
In its place, the City Council gave direction to prepare a policy on Second Penny Sales
Tax uses that would define exclusive capital uses, designating 25% of the Second Penny
for public safety, leases, land acquisition, and debt retirement related thereto, and the
remaining 75 % could also be used for land acquisition, infrastructure investments, and
any debt retirement related thereto. Agenda Item #20 is the amendment to the City of
Brookings Governance and Ends Policy, Ends Policy 1, Financial Stability, Guideline H.
City Manager Introduction
ACTION: Open & Close Public Hearing, Motion to Approve, Roll Call
CITY MANGER RECOMMENDATION – Approve
60
City Council Packet
February 23, 2010
Ordinance No. 03-10
An Ordinance Amending Section 78-38 of the Code of Ordinances of the
City of Brookings, South Dakota and pertaining to the Use of Municipal Sales,
Service, and Use Tax Revenue in the City of Brookings, South Dakota.
Be It Ordained by the Governing Body of the City of Brookings, South Dakota, as
follows:
I.
Sec. 78-38. Use of revenue.
Any revenues received under section 78-32(b) shall be used only for the purposes as
defined and set forth in SDCL 10-52A-2.
II.
All ordinances in conflict herewith are hereby repealed.
First Reading: February 9, 2010
Second Reading: February 23, 2010
Published: February 26, 2010
CITY OF BROOKINGS, SD
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
61
City Council Packet
February 23, 2010
Second Readings/Public Hearings
14. Ordinance No. 04-10: An application for a conditional use to
establish a Contractors Shop and Storage Yard in the Business B-
3 District (623 Henry Avenue).
Applicant: Owen’s Enterprises
Proposal: Establish an outside yard area for the storage of a contractor’s equipment and
materials.
Background: The area from Wilson Avenue to First Avenue and 6th Street to 7th Street was
originally developed with residences behind a row of commercial businesses that abutted 6th St.
The 1966 Comprehensive Plan created a heavy business district in this area that would be an
extension of the commercial corridor around Main Avenue. Designating the entire block for B-
3 Business district uses would allow for future commercial expansion and reduce conflicts
between abutting land uses. Today, the area is still in transition. The neighborhood has
residences, mixed residence/business uses and commercial buildings.
The standards for this conditional use are listed below. These standards are the minimum
requirements necessary for this application to be heard. The impact of this use on neighboring
properties should be a major consideration by the Commission.
Sec. 94-266. Contractor Shop and Storage Yard:
Such uses shall screen all outdoor storage from adjacent property. Service vehicles shall be
localized in an area on the lot which will minimize the impact upon adjacent uses. Any lighting of
the storage yard should be done in a way that will not cause a glare onto residential properties.
Specifics: The property contains a one-story, single-family home and several accessory buildings.
There is also some partial fencing along the south and north sides. The storage area would be
located in the rear yard next to the alley.
Surrounding uses include a BMU sewer lift station to the south, a single-family residence to the
north and a mixed residence/business use directly across the alley that has existed for several
decades. There are two single-family dwellings on adjacent lots as shown.
It is recommended that any approval be subject to a uniform, 6-foot high privacy type fence,
around the perimeter of the storage area. Fencing along the alley could be optional since
pickups with trailers need space to maneuver. In addition, any proposed security lighting should
be installed so there is minimum glare off the site.
Recommendation: The Planning Commission voted 6 yes and 0 no to recommend approval of
the conditional use subject to the conditions in the ordinance.
City Manager Introduction
ACTION: Open & Close Public Hearing, Motion to Approve, Roll Call
CITY MANAGER RECOMMENDATION – Approve
62
City Council Packet
February 23, 2010
Ordinance No. 04-10
An Ordinance pertaining to an Application for a Conditional Use for a Contractor’s
Shop and Storage Yard in the Business B-3 District (623 Henry Avenue).
Be it ordained by the governing body of the City of Brookings, South Dakota that said
Conditional Use shall be approved for a Contractor’s Shop and Storage Yard on Lots 9-12,
Block 2, Parkdale Home Replat Subdivision with the following conditions:
1. The existing six (6) foot high fence along the north lot line shall remain in place for
the duration of the Conditional Use.
2. The existing four and one-half (41/2) foot high fence along the south lot line shall
remain in place for the duration of the Conditional Use.
3. The Conditional Use permit shall be granted only to the applicant.
All sections and ordinances in conflict herewith are hereby repealed.
First Reading: February 9, 2010
Second Reading: February 23, 2010
Published: February 26, 2010
CITY OF BROOKINGS
__________________________
Tim Reed, Mayor
ATTEST:
_________________________
Shari Thornes, City Clerk
63
City Council Packet
February 23, 2010
Planning Commission
Brookings, South Dakota
February 2, 2010
OFFICIAL MINUTES
Chairperson Alan Gregg called the regular meeting of the City Planning Commission to order
on February 2, 2010, at 7:00 PM in the Council Chamber at City Hall. Members present were
Wayne Avery, Mike Cameron, Greg Fargen, Al Heuton, Dave Kurtz, and Gregg. Larry Fjeldos
and John Gustafson were absent. Also present were Dave Owens, Quinn Fairchild, City
Engineer Jackie Lanning, Community Development Director Mike Struck, Planning and Zoning
Administrator Dan Hanson, and others.
Item #5 – Owens Enterprises, Inc. has submitted an application for a Conditional Use Permit
to establish a Contractors Shop and Storage Yard on Lots 9 – 12, Block 2, Parkdale Home
Replat Subdivision.
(Cameron/Fargen) Motion to approve the Conditional Use.
(Cameron/Fargen) Amendment to the motion to add the following conditions:
1. The existing six foot (6’) high fence along the north lot line shall remain in place and
not be removed.
2. The existing four and one-half foot (4½’) high fence along the south lot line shall
remain in place and not be removed.
3. The Conditional Use Permit shall be granted only to the applicant.
All present voted aye. AMENDMENT CARRIED.
The motion, as amended, was voted on. All present voted aye. MOTION CARRIED.
SUMMARY OF DISCUSSION
Chairperson Alan Gregg called the regular meeting of the City Planning Commission to order
on February 2, 2010, at 7:00 PM in the Council Chamber at City Hall. Members present were
Wayne Avery, Mike Cameron, Greg Fargen, Al Heuton, Dave Kurtz, and Gregg. Larry Fjeldos
and John Gustafson were absent. Also present were Dave Owens, Quinn Fairchild, City
Engineer Jackie Lanning, Community Development Director Mike Struck, Planning and Zoning
Administrator Dan Hanson, and others.
Item #5 – Dave Owens of Owens Enterprises stated he wanted to establish a small
contractor’s business. Kurtz asked what type of equipment and materials would be stored on-
site. Owens replied that very little material would be stored, but he would have wheel barrows,
a skid steer, and employee pickups. He would not have any heavy equipment. He added that he
stored some equipment on a commercial lot to the south (old Service Electric site).
68
City Council Packet
February 23, 2010
Heuton asked about employees. Owens replied that he usually had two to three employees,
and they would park on-site or in the street. Fargen inquired about the existing fencing and if
more fencing was planned. Owens answered that he had considered replacing the fence along
the south side but felt that most of his storage was screened already. Heuton asked if there
would be storage behind the north garage. Owens replied yes.
Quinn Fairchild, a neighbor, stated he could not see into Owens’ backyard due to the existing
fences and accessory buildings. He felt the view for other neighbors was also limited.
69
City Council Packet
February 23, 2010
Sec. 94-134. BUSINESS B-3 HEAVY DISTRICT.
(a) Intent. This district is intended to provide for a wide variety of retail services. This district will include
commercial uses requiring large land areas, extensive retail operations, and outdoor display of merchandise.
Inventory and material storage shall be screened.
(b) Scope of Regulations. The regulations set forth in this section or set forth elsewhere in this title, when
referred to in this section, are the district regulations of the Business B-3 Heavy District.
(c) Permitted Uses.
1. Retail or service store
2. Personal service store
3. Hotel
4. Financial institution
5. Public transportation facility
6. Public utility facility
7. Parking facility or lot
8. Grocery supermarket
9. Drive-in food service
10. Gas dispensing station
11. Animal hospital
12. Car wash
13. Indoor or outdoor recreational facility
14. Temporary storage facility
15. Automobile sales
16. Office
17. Seasonal roadside stand
18. Drinking Establishment
19. Telecommunications Towers
(d) Permitted Special Uses. A building or premises may be used for the following purposes in conformance
with the conditions prescribed herein:
1. Outdoor sales
a. Used parts and other material storage shall be screened from adjoining property.
2. Wholesale trade with warehousing and storage
a. All inventory shall be stored within a completely enclosed building.
3. Lumberyard
a. The lumber storage area shall be at the rear of the building and screened from any arterial
street or residential district.
b. Seasonal outdoor displays shall not reduce the number of parking spaces on the lot below the
minimum requirements.
4. Nursery or greenhouse
a. Any land used to grow flowers, shrubs or trees shall not be located within 100 feet of an
arterial street.
5. Reverse vending machine
a. A trash receptacle shall be provided on-site.
6. Automobile service station
a. No fuel delivery pump shall be located within twenty feet (20') of any side lot line or right-of-
way line. No fuel pump shall be located within fifty feet (50') of the side or rear lot line
abutting a residential district.
b. All repair work shall be done within a completely enclosed building.
c. All used automobile parts and dismantled vehicles shall be screened from adjacent property.
7. Citizen's drop-off for recyclables
70
City Council Packet
February 23, 2010
a. No container shall be located within 100 feet of a residential district.
8. Motor vehicle repair shop
a. All repair work shall be done within a completely enclosed building.
b. All used automobile parts and dismantled vehicles shall be screened from adjacent property.
9. Motel
a. A minimum lot area of 1,000 square feet shall be provided for each sleeping room or suite.
10. Equipment rental store
a. An on-premise pickup and drop-off area shall be provided
b. Outdoor displays shall not reduce the number of parking spaces on the lot below the
minimum requirements.
11. Auction house
a. An on-premise pickup and drop-off area shall be provided
b. Outdoor displays shall not reduce the number of parking spaces on the lot below the
minimum requirements.
12. Semi-trailer storage
a. Storage shall not be permitted in the minimum front yard setback.
(e) Conditional Uses.
1. Assembling and packaging
2. Freight handling
3. Manufacturing, light
4. Mixed business/residential use
5. Contractors shop and storage yard
6. Buy back center for recyclables
7. Household hazardous waste site
8. Light processing facility
9. Transfer site for recyclables
10. Day care facility
11. Kennel
12. Truck and trailer rentals
13. Farm Implement Sales
(f) Density, Area, Yard and Height Regulations.
The B-3 district regulations shall be as follows:
Min. Min. Min. Min. Min. Max.
Lot Lot Front Side Rear Height
Density Area Width Yard Yard Yard
Sq.Ft. Sq.Ft.
All Uses - - 20' -* 20'* 45'
*A fifty foot (50') landscaped area shall be required between an abutting residential district boundary line
and any structure, access drive, parking lot or other accessory use.
(g) Accessory Uses. Accessory uses and building permitted in the B-3 District are buildings and uses
customarily incidental to any of the permitted uses in the district.
(h) Parking Regulations. Parking, loading and stacking within the B-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 B-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 B-3 District shall be in conformance with the regulations set
forth in article II of this chapter.
71
City Council Packet
February 23, 2010
Second Readings/Public Hearings
15. Ordinance No. 05-10: A petition to rezone Lots 128, 129A, 129B,
130A, 130B, 131A and 131B, Onaka Village, Indian Hills Addition
from a Residence R-2 District to a Residence R-3 District (Crystal
Ridge Rd and Dakota Trail area).
Applicant: City of Brookings
Proposal: Upzone several developed residential lots from medium to high-density uses.
Background: Originally, Onaka Village was zoned for high density uses and Wahpeton
Village was zoned for low density uses. In 2005, land bordering Onaka and Wahpeton
Villages in Indian Hills Addition was redesigned and replatted. The developers proposed
a transitional zone of medium density for 15 lots along Dakota Trail and Crystal Ridge
Road. This was approved and subsequently one single-family dwelling, seven duplexes,
and three twinhomes were constructed in Onaka Village. One lot remains vacant. The
remaining three lots in Wahpeton Village are also vacant.
Specifics: The lots associated with the petition are developed. The “A/B” lots are split
lots that contain the twinhomes. Lot 128 contains a duplex. A field check of the
setbacks of the buildings indicated that 3 of the 4 residential structures were built too
close to the front lot line. Therefore, a rezoning has been proposed that would bring
the structures into conformance. An R-3 district currently exists to the north and east
of these lots and R-1B and R-2 districts exist to the south. It is not anticipated that any
changes would occur to the structures or lots since all the construction is new.
Recommendation: The Planning Commission voted 6 yes and 0 no to recommend
approval of the rezoning.
City Manager Introduction
ACTION: Open & Close Public Hearing, Motion to Approve, Roll Call
CITY MANAGER RECOMMENDATION – Approve
72
City Council Packet
February 23, 2010
Ordinance No. 05-10
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:
Lots 128, 129A, 129B, 130A, 130B, 131A and 131B of Onaka Village, Indian Hills Addition
be and the same is hereby rezoned and reclassified from a Residence R-2 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: February 9, 2010
Second Reading and Adoption: February 23, 2010
Published: February 26, 2010
CITY OF BROOKINGS
______________________________
ATTEST: Tim Reed, Mayor
_________________________
Shari Thornes, City Clerk
73
City Council Packet
February 23, 2010
Planning Commission
Brookings, South Dakota
February 2, 2010
OFFICIAL MINUTES
Chairperson Alan Gregg called the regular meeting of the City Planning Commission to order
on February 2, 2010, at 7:00 PM in the Council Chamber at City Hall. Members present were
Wayne Avery, Mike Cameron, Greg Fargen, Al Heuton, Dave Kurtz, and Gregg. Larry Fjeldos
and John Gustafson were absent. Also present were Dave Owens, Quinn Fairchild, City
Engineer Jackie Lanning, Community Development Director Mike Struck, Planning and Zoning
Administrator Dan Hanson, and others.
Item #6 – The City of Brookings has submitted a petition to rezone Lots 128, 129A, 129B, 130A,
130B, 131A, and 131B of Onaka Village, Indian Hills Addition from a Residence R-2 District to a
Residence R-3 District.
(Heuton/Kurtz) Motion to approve the rezoning. All present voted aye. MOTION CARRIED.
SUMMARY OF DISCUSSION
Chairperson Alan Gregg called the regular meeting of the City Planning Commission to order
on February 2, 2010, at 7:00 PM in the Council Chamber at City Hall. Members present were
Wayne Avery, Mike Cameron, Greg Fargen, Al Heuton, Dave Kurtz, and Gregg. Larry Fjeldos
and John Gustafson were absent. Also present were Dave Owens, Quinn Fairchild, City
Engineer Jackie Lanning, Community Development Director Mike Struck, Planning and Zoning
Administrator Dan Hanson, and others.
Item #6 – Hanson stated that the area to be rezoned was planned as a transitional zone
between Onaka Village and Wahpeton Village. The lots had been recently developed and
contained three (3) twinhomes and one (1) duplex. A survey indicated that three of the four
buildings on the lots were constructed too close to the front property line. A rezoning to an R-
3 District would bring the buildings back into conformance. He added that an R-3 District
existed to the north and east of the lots.
Cameron noted that there was also an open space buffer between the lots to be rezoned and
adjacent lots to the south.
78
City Council Packet
February 23, 2010
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
79
City Council Packet
February 23, 2010
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'
Per Min. Min. Min. Min. Min. Max.
Unit Lot Lot Front Side Rear Height
Density Area Width Yard Yard Yard
Sq.Ft. Sq.Ft.
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.
(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
80
City Council Packet
February 23, 2010
Second Readings/Public Hearings
16. Ordinance No. 06-10: An ordinance amending the Zoning
Ordinance pertaining to fences.
Proposal: Minor modifications have been proposed for fences. An explanation of the
various changes is as follows:
Fences – The changes in this section refer to fences in the front yard. The proposed
amendment replaces the “split rail” design with generic language and allows an open
fence design to have a greater height. An example is in your packet.
Recommendation: The Planning Commission voted 6 yes and 0 no to recommend
approval of these zoning amendments.
City Manager Introduction
ACTION: Open & Close Public Hearing, Motion to Approve, Roll Call
CITY MANAGER RECOMMENDATION – Approve
81
City Council Packet
February 23, 2010
Ordinance No. 06-10
An Ordinance Amending the Zoning Ordinance of the City of Brookings and
Pertaining to Fences for the Purposes of Administration of the Zoning Ordinance
Be it ordained by the Council of the City of Brookings, State of South Dakota that Chapter 94,
Zoning, of the Code of Ordinances, shall be amended as follows:
Section 1.
Sec. 94-398. Fences, Walls and Hedges.
(a) Regulations generally. Regulations regarding fences, walls and hedges shall be as follows:
In all residential districts and on lots used principally for residential purposes in any business or
industrial district, privacy, solid board or other similarly designed fences, walls and hedges shall
not exceed thirty (30) inches in height when located between the front lot line and the principal
building. Fences with a horizontal rail design that results in 70% or more of open space from
grade to the top of the top rail split rail design may extend forty-two (42) inches thirty-six
inches (36”) above the adjacent grade measured from grade to the top of the top horizontal
rail. Fences and walls on any other part of a lot may not exceed six (6) feet in height when
located within the minimum required setback area. The height of such walls and fences shall be
determined by measurement from the ground level at the lowest grade within three (3) feet of
either side of such fence or wall.
Section 2. Any or all ordinances in conflict herewith are hereby repealed.
First Reading: February 9, 2010
Second Reading: February 23, 2010
Published: February 26, 2010
CITY OF BROOKINGS, SD
_____________________
Tim Reed, Mayor
ATTEST:
________________________
Shari Thornes, City Clerk
82
City Council Packet
February 23, 2010
Planning Commission
Brookings, South Dakota
February 2, 2010
OFFICIAL MINUTES
Chairperson Alan Gregg called the regular meeting of the City Planning Commission to order
on February 2, 2010, at 7:00 PM in the Council Chamber at City Hall. Members present were
Wayne Avery, Mike Cameron, Greg Fargen, Al Heuton, Dave Kurtz, and Gregg. Larry Fjeldos
and John Gustafson were absent. Also present were Dave Owens, Quinn Fairchild, City
Engineer Jackie Lanning, Community Development Director Mike Struck, Planning and Zoning
Administrator Dan Hanson, and others.
The City of Brookings has submitted amendments to the Zoning Ordinance pertaining to
fences.
(Cameron/Kurtz) Motion to approve the zoning amendments
All present voted aye. MOTION CARRIED.
SUMMARY OF DISCUSSION
Chairperson Alan Gregg called the regular meeting of the City Planning Commission to order
on February 2, 2010, at 7:00 PM in the Council Chamber at City Hall. Members present were
Wayne Avery, Mike Cameron, Greg Fargen, Al Heuton, Dave Kurtz, and Gregg. Larry Fjeldos
and John Gustafson were absent. Also present were Dave Owens, Quinn Fairchild, City
Engineer Jackie Lanning, Community Development Director Mike Struck, Planning and Zoning
Administrator Dan Hanson, and others.
Hanson remarked that the fence amendments would allow for an “open design” type fence to
be taller in a front yard. Other designs would still remain at the 30 inch maximum height.
84
City Council Packet
February 23, 2010
Second Readings/Public Hearings
17. Ordinance No. 07-10: An ordinance amending the Zoning
Ordinance pertaining to accessory buildings.
Proposal – Substantial modifications have been proposed for accessory buildings. An
explanation of the changes is as follows:
Accessory buildings – These uses have continued to increase in size and function over
the years. The last major revision regarding these uses was in 1996. This amendment
set limitations on floor area and lot coverage.
The enclosed photos are some examples of how accessory buildings have expanded
upward in order to comply with the percentage of lot coverage limitation. In some
cases, as you can see, the accessory building becomes the dominant structure on the lot.
The amendment would count the area of all floors together. It would also limit the
sidewall height to 12 feet. This would still allow for the storage of some oversized
vehicles or other equipment that may not fit under a standard garage door.
At the meeting, the Commission also felt a maximum height limit equal to or less than
the principal building was appropriate for accessory buildings.
Recommendation: The Planning Commission voted 6 yes and 0 no to recommend
approval of these amendments.
City Manager Introduction
ACTION: Open & Close Public Hearing, Motion to Approve, Roll Call
CITY MANAGER RECOMMENDATION – Approve
87
City Council Packet
February 23, 2010
Ordinance No. 07-10
An Ordinance Amending the Zoning Ordinance of the City of Brookings Pertaining
to Accessory Buildings for the Purposes of Administration of the Zoning Ordinance
Be it ordained by the Council of the City of Brookings, State of South Dakota: that Chapter 94,
Zoning, of the Code of Ordinances, shall be amended as follows:
Section 1.
Sec. 94-342. Additional Height Regulations
(c) Accessory Buildings. No accessory building located upon a residential lot shall have a height
greater than that of the principal building.
Section 2.
Sec. 94-365. Accessory Buildings and Uses.
(a). In the A, R-1, R-1A, R-1B, R-2, R-3, R-3A, RMH and RB-4 districts, accessory buildings
and uses are limited to the following:
6. The total square footage of all accessory buildings on a lot used for residential purposes
in the R-1A, R-1B, R-2, RMH, R-3, R-3A and RB-4 districts shall not exceed 25 percent
of the rear yard area or 1,000 square feet of all floors combined whichever is less.
Exceptions are as follows:
Section 3.
Sec. 94-394. Accessory Building Location.
(c) An accessory building located in front of a dwelling shall have a sidewall height measured
from the floor to the top of the top plate no greater than eight feet (8’) and the highest
point of the roof measured from the floor to the roof peak no higher than fifteen feet
(15’). An accessory building located in the side yard or rear yard of a residential lot
shall have a sidewall height measured from the floor to the top of the top plate no
greater than twelve (12) feet.
Section 4. Any or all ordinances in conflict herewith are hereby repealed.
First Reading: February 9, 2010
Second Reading: February 23, 2010
Published: February 26, 2010
CITY OF BROOKINGS, SD
___________________________________
ATTEST: Tim Reed, Mayor
________________________
Shari Thornes, City Clerk
88
City Council Packet
February 23, 2010
Planning Commission
Brookings, South Dakota
February 2, 2010
OFFICIAL MINUTES
Chairperson Alan Gregg called the regular meeting of the City Planning Commission to order
on February 2, 2010, at 7:00 PM in the Council Chamber at City Hall. Members present were
Wayne Avery, Mike Cameron, Greg Fargen, Al Heuton, Dave Kurtz, and Gregg. Larry Fjeldos
and John Gustafson were absent. Also present were Dave Owens, Quinn Fairchild, City
Engineer Jackie Lanning, Community Development Director Mike Struck, Planning and Zoning
Administrator Dan Hanson, and others.
The City of Brookings has submitted amendments to the Zoning Ordinance pertaining to
accessory buildings.
(Cameron/Kurtz) Motion to approve the zoning amendments
(Heuton/Cameron) Amendment to the motion to add the following amendment for accessory
buildings:
“No accessory building located upon a residential lot shall have a height greater than
that of the principal building.”
All present voted aye. AMENDMENT CARRIED.
The motion, as amended, was voted on. All present voted aye. MOTION CARRIED.
SUMMARY OF DISCUSSION
Accessory buildings have continued to expand upward because the maximum allowable size
only pertained to the ground floor. This amendment counts the floor area of all floors
combined. In addition, another amendment sets a maximum sidewall height for accessory
buildings in the side or rear yard.
Heuton felt an accessory building should not be taller than the principal building. The
Commission generally concurred to add this amendment.
90
City Council Packet
February 23, 2010
Second Readings/Public Hearings
18. Ordinance No. 08-10: An ordinance amending the Zoning
Ordinance pertaining to access drives.
Proposal: Minor modifications have been proposed for access drives. An explanation of
the changes is as follows:
Access drives – The current and proposed regulations are in your packet. There are 8
diagrams that describe what the regulations say in words. While most of the changes
are for clarification purposes, the crosshatched portions on the diagrams do indicate a
change. By allowing a “reverse flare” in the boulevard area, residents will have an easier
time accessing an on-premise parking pad. Without the access drive expansion, some
residents simply drive over the boulevard grass.
Recommendation: The Planning Commission voted 6 yes and 0 no to recommend
approval of the zoning amendment.
City Manager Introduction
ACTION: Open & Close Public Hearing, Motion to Approve, Roll Call
CITY MANAGER RECOMMENDATION – Approve
96
City Council Packet
February 23, 2010
Ordinance No. 08-10
An ordinance Amending the Zoning Ordinance of the City of Brookings and
Pertaining to Access Drives for the purposes of Administration of the Zoning
Ordinance
Be it ordained by the Council of the City of Brookings, State of South Dakota that Chapter 94,
Zoning, of the Code of Ordinances shall be amended as follows:
Section 1.
SEC. 94-343. ACCESS DRIVES
(b) Residential Districts. The following regulations shall apply to all lots in the residential
districts:
(b) 2. The curb cut, for any access drive that leads directly to a rear yard or garage, may be up
to 24 feet in width. A flare, at the curb, up to 4 feet on each side, shall also be permitted. The
curb cut may be widened, proportionally, from 24 to 36 feet in width, plus any flare, when it
provides access to a garage that has a width of 24 to 36 feet. The maximum curb cut width for
a residential lot shall be 44 feet, including the flare. The flare length for access drives leading to
school bus loading and unloading zones shall be determined by the city engineer subject to
criteria in the Engineering Design Standards.
(b) 3. An access drive from the curb cut to the sidewalk or property line (if no sidewalk
exists), which has direct access to a garage or rear yard, may be up to 24 feet in width at the
sidewalk or property line.
Exceptions:
a. An access drive may be expanded, proportionally, to match the width of a
garage that has a width of between 24 to 36 feet.
b. An access drive may be flared from the edge of the curb cut to match the
outer edge of any approved parking area established between the garage and
nearest side lot line that extends down to the sidewalk or property line.
c. In the case of an accessory building that is used as a private, detached garage,
when a parking area is established on either side of the building, the access
drive may be flared from the edge of the curb cut to match the outer edge of
the parking area at the sidewalk or property line.
(b) 4. The width of a driveway, which leads directly to a rear yard, or a driveway which leads
directly to and has access into a garage, may be up to 24 feet in width.
Exceptions:
a. The width of a driveway may be expanded, proportionally, to match a garage
that has a width of 24 to 36 feet. This restriction only applies within the
minimum front yard setback area established for the district.
b. Expanding the width of a driveway within the minimum front yard setback
area between the driveway and the side lot line facing the outer wall of an
97
City Council Packet
February 23, 2010
attached garage shall not exceed 12 feet for garages that have doors facing
the street. However, the maximum width of any driveway shall not exceed
36 feet, including a side yard parking area when located within the minimum
front yard setback area established for the district.
c. Expanding the width of a driveway within the minimum front yard setback
area on one side or the other of an accessory building that is used as a
private garage shall be permitted provided the side parking area does not
exceed 12 feet in aggregate width and further provided that the parking area
leads directly to the rear or side yard.
Section 2. Any or all ordinances in conflict herewith are hereby repealed.
First Reading: February 9, 2010
Second Reading: February 23, 2010
Published: February 26, 2010
CITY OF BROOKINGS, SD
____________________________
Tim Reed, Mayor
ATTEST:
________________________
Shari Thornes, City Clerk
98
City Council Packet
February 23, 2010
Planning Commission
Brookings, South Dakota
February 2, 2010
OFFICIAL MINUTES
Chairperson Alan Gregg called the regular meeting of the City Planning Commission to order
on February 2, 2010, at 7:00 PM in the Council Chamber at City Hall. Members present were
Wayne Avery, Mike Cameron, Greg Fargen, Al Heuton, Dave Kurtz, and Gregg. Larry Fjeldos
and John Gustafson were absent. Also present were Dave Owens, Quinn Fairchild, City
Engineer Jackie Lanning, Community Development Director Mike Struck, Planning and Zoning
Administrator Dan Hanson, and others.
The City of Brookings has submitted amendments to the Zoning Ordinance pertaining to
access drives
(Cameron/Kurtz) Motion to approve the zoning amendments
All present voted aye. MOTION CARRIED.
SUMMARY OF DISCUSSION
The section regulating access drives was modified primarily for clarification. One small change
was proposed that would allow for a reverse flare on an approach to match with a parking pad
next to the driveway.
100
City Council Packet
February 23, 2010
Second Readings/Public Hearings
19. Ordinance No. 09-10: An ordinance amending the Zoning
Ordinance pertaining to brewpubs.
Proposal: One new use has been created with the accompanying definition and standards. An
explanation of the various changes is as follows:
Brewpub – Brewpubs have been around for centuries. For instance, the oldest one in the
British Isles is the Blue Anchor established in 1400. Brewpubs continued in popularity
throughout Europe until the early 1900s when large breweries began buying them out. This
trend lasted until the 1970s when brewpubs and microbreweries began reappearing throughout
Europe and the United States. Brewpubs have seen a major revival in the U.S. in the last 25
years. In South Dakota, brewpubs exist in Sioux Falls, Watertown, Rapid City, Spearfish,
Yankton, Pierre, and Deadwood.
Most brewpubs function as full-service restaurants. One recognizable brewpub is Granite City
Food and Brewery Company. This is a regional chain with locations in Sioux Falls, Fargo, St.
Cloud, Omaha and other cities. Brewpubs are also located in taverns/bars where only alcoholic
beverages are sold but this is not common in the northern plains.
Brewpubs are permitted by right or conditional use in central business districts. They are also
permitted by various means in general commercial districts and sometimes in industrial districts
where microbreweries exist. The most common standards associated with brewpubs are as
follows:
• Manufacturers malt beverage license required
• Liquor license required
• Limit on annual production
• Restriction on off-sale
• Allowed only in conjunction with a restaurant
• % of sales requirements (beer/food)
• Maximum floor area coverage for brewing operation
• Grain shipment methods (CBD)
• Spent grain disposal method (CBD)
The draft ordinance allows a brewpub in 4 different districts. It would be a conditional use in
the B-1 and a permitted special use in the B-2, B-3 and B-4. Some of the standards from the list
are included as prerequisites.
Recommendation: The Planning Commission voted 6 yes and 0 no to recommend approval of
these zoning amendments.
City Manager Introduction
ACTION: Open & Close Public Hearing, Motion to Approve, Roll Call
CITY MANAGER RECOMMENDATION – Approve
105
City Council Packet
February 23, 2010
Ordinance No. 09-10
An Ordinance Amending the Zoning Ordinance of the City of Brookings and
Pertaining to Brewpubs for the Purposes of Administration of the Zoning
Ordinance
Be it ordained by the governing body of the City of Brookings, South Dakota: that Chapter 94,
Zoning, of the Code of Ordinances shall be amended as follows:
Sec. 94-1. Definitions
Brewpub: A restaurant or drinking establishment that includes the brewing of beer
as an accessory use. The brewing operation processes water, malt, hops,
and yeast into beer or ale by mashing, cooking, and fermenting.
Restaurant: A public eating place
Sec. 94.131. Business B-1 Central District
(e) Conditional Use
7. Brewpub
Sec. 94.132. Business B-2 District
(d) Permitted Special Uses
5. Brewpub
a. The area used for brewing, including bottling and kegging, shall not exceed
25% of the total floor area of a combined restaurant and drinking
establishment and 50% of the total floor area of a drinking establishment
without restaurant services.
b. A malt beverage manufacturer’s license must be obtained per state law
c. An alcohol beverage license must be obtained per city ordinance
d. The brewery shall not produce more than 1,500 barrels or beer of ale per
year. A barrel contains thirty-one (31) gallons.
Sec. 94.134. Business B-3 Heavy District
(d) Permitted Special Uses
14. Brewpub
a. The area used for brewing, including bottling and kegging, shall not exceed
25% of the total floor area of a combined restaurant and drinking
establishment and 50% of the total floor area of a drinking establishment
without restaurant services.
b. A malt beverage manufacturer’s license must be obtained per state law
c. An alcohol beverage license must be obtained per city ordinance
d. The brewery shall not produce more than 1,500 barrels of beer or ale per
year. A barrel contains thirty-one (31) gallons.
Sec. 94.135 Business B-4 District
(d) Permitted Special Uses
12. Brewpub
a. The area used for brewing, including bottling and kegging, shall not exceed
25% of the total floor area of a combined restaurant and drinking
establishment and 50% of the total floor area of a drinking establishment
without restaurant services.
106
City Council Packet
February 23, 2010
b. A malt beverage manufacturer’s license must be obtained per state law
c. An alcohol beverage license must be obtained per city ordinance
d. The brewery shall not produce more than 1,500 barrels of beer or ale per
year. A barrel contains thirty-one (31) gallons.
Article V. Conditional Uses
Division 3 Standards
Sec. 94.251. Generally
Sec. 94.260.3 Brewpub
A Brewpub shall comply with the following conditions:
a. The area used for brewing, including bottling and kegging, shall not exceed
25% of the total floor area of a combined restaurant and drinking
establishment and 50% of the total floor area of a drinking establishment
without restaurant services.
b. A malt beverage manufacturer’s license must be obtained per state law
c. An alcohol beverage license must be obtained per city ordinance
d. The brewery shall not produce more than 1,500 barrels of beer or ale per
year. A barrel contains thirty-one (31) gallons.
e. The method and frequency of grain shipments to the site shall be provided.
f. The method and frequency of spent grain disposal shall be provided.
Any or all ordinances in conflict herewith are hereby repealed.
First Reading: February 9, 2010
Second Reading: February 23, 2010
Published: February 26, 2010
CITY OF BROOKINGS, SD
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
107
City Council Packet
February 23, 2010
Planning Commission
Brookings, South Dakota
February 2, 2010
OFFICIAL MINUTES
Chairperson Alan Gregg called the regular meeting of the City Planning Commission to order
on February 2, 2010, at 7:00 PM in the Council Chamber at City Hall. Members present were
Wayne Avery, Mike Cameron, Greg Fargen, Al Heuton, Dave Kurtz, and Gregg. Larry Fjeldos
and John Gustafson were absent. Also present were Dave Owens, Quinn Fairchild, City
Engineer Jackie Lanning, Community Development Director Mike Struck, Planning and Zoning
Administrator Dan Hanson, and others.
The City of Brookings has submitted amendments to the Zoning Ordinance pertaining to
brewpubs
(Cameron/Kurtz) Motion to approve the zoning amendments
All present voted aye. MOTION CARRIED.
SUMMARY OF DISCUSSION
A new use called a brewpub was proposed for several business districts. The use would be a
conditional use in the B-1 and a permitted special use in the B-2, B-3, and B-4. Brewpubs were
popular throughout the United States and several communities in South Dakota had them.
Most brewpubs were allowed with certain restrictions pertaining to licensing, production limits,
floor area coverage, and raw material shipments. The Commission generally felt the standards
were appropriate for the proposed use.
109
City Council Packet
February 23, 2010
Second Readings/Public Hearings
20. Ordinance No. 10-10: An ordinance amending the Zoning
Ordinance pertaining to signs.
Proposal: Minor modifications have been proposed for signs. An explanation of the
various changes is as follows:
Signs – The proposed changes involve minor adjustments for portable signs and for
temporary signs in table 4. The display time for portable signs has been increased for
strip malls and similar multi-business lots. Some business owners felt the existing
regulation was too restrictive when the allotted annual time had to be shared among
several businesses.
Temporary signs are limited by size but not time since there are several types of signs
that fall under the temporary sign category. The amendment would place an annual
time limit on a sign so they would have to be removed at some point. This amendment
would encourage the investment in permanent signage, which, as a rule, is better
maintained.
The modification to table 2 increases the allowable freestanding signage for institutional
uses when the use fronts on more than one street. Table 3 changes would increase the
size of a sign on a residential lot by 2 square feet and allow up to two signs at any one
time.
Recommendation: The Planning Commission voted 6 yes and 0 no to recommend
approval of these zoning amendments.
City Manager Introduction
ACTION: Open & Close Public Hearing, Motion to Approve, Roll Call
CITY MANAGER RECOMMENDATION – Approve
110
City Council Packet
February 23, 2010
Ordinance No. 10-10
An Ordinance Amending the Zoning Ordinance of the City of Brookings and
Pertaining to Signs for the purposes of Administration of the Zoning Ordinance.
Be it ordained by the Council of the City of Brookings, State of South Dakota that Chapter 94,
Zoning, of the Code of Ordinances, shall be amended as follows:
Section 1.
Section 94-470 Regulations for all districts
(e). Portable Signs. Portable signs shall be regulated as follows:
1. A portable sign displayed on a lot shall be subject to a fee established by the
governing body.
2. Portable signs may be displayed on a lot for ninety (90) permit days per calendar year.
Permits shall be issued for a maximum of 30 consecutive days with a minimum of 30
consecutive days between the permit expiration date and the issuance of a new
permit.
Exceptions:
a. Portable signs exceeding 32 square feet shall be allowed on a lot for up to 7
days within a maximum permit period.
b. Portable signs, on a lot containing a strip mall or similar building with 5 or
more businesses, may be displayed for 180 days per calendar year. Permits
shall be issued for a maximum of 30 consecutive days with a minimum of 15
consecutive days between the permit expiration date and the issuance of a
new permit.
3. Portable signs shall be secured against overturning.
Section 2.
TABLE 2
MAXIMUM TOTAL SIGN AREA PER LOT BY ZONING DISTRICT
The maximum total area of all signs on a lot except for incidental, building marker and flags(a)
shall not exceed the lesser of the following:
DISTRICT
FW A ALL
R’S
RB-4 B-1 B-2A B-2
(b)
B-3
(b)
B-4
(b)
ALL
I’S
INS
(c)
Maximum total square feet 750 750 16 200 400 200 400 500 800 600 32
Maximum total square feet for
lots with 2 or more frontage 1,000 1,000 NA 300 600 300 600 800 1000 NA 32 56
Square feet of signage per
linear foot of street frontage 1 1 NA 2 6 2 1 1 1.5 NA NA
Square feet of signage per
linear foot of street frontage
for corner lots (d)
NA NA NA 1 3 1 1 1 1.5 NA NA
111
City Council Packet
February 23, 2010
SECTION 94-473
TABLE 3
NUMBER, DIMENSIONS, AND LOCATION OF INDIVIDUAL SIGNS BY ZONING DISTRICT
Individual signs shall not exceed the maximum number or square footage nor encroach into the
minimum setback shown on this table (Cross Ref. Table 4)
SIGN TYPE FW A ALL
R’S
RB-4 B-1 B-2A B-2 B-3 B-4 ALL I’S INS
(a)
FREESTANDING (f)
Area (S.F.) 240 240 6 8 40 60 40 160 160 240 160 32
Height (Ft.) 30 30 5 15(b) 15 15(b) 30(b) 30(b) 60 30(b) 10
Right of way setback (Ft.)
(c)
10 10 3 0 0 5 5 5 5 10 5
Number permitted per
lot
NA NA 1 2 NA NA NA NA NA NA NA NA
Number permitted per
feet of
street frontage (d)
1 for
each
1000
1 for
each
1000
NA
1 for
each
100
1 for
each
200
1 for
each
200
1 for
each
300
1 for
each
300
1 for
each
400
1 for
each
500
1 for
each
frtg.
BUILDING (f)
Area (S.F.) NA NA 2 NA NA NA NA NA NA NA 24
Wall area (%) (e) 10 10 NA 10 20 10 15 15 20 5 NA
SECTION 94-473 Tables
TABLE 4
NUMBER AND DIMENSIONS OF CERTAIN SIGNS BY SIGN TYPE
SIGN TYPE
NUMBER
ALLOWED
MAXIMUM
SIGN AREA (SF)
VERTICAL
CLEARANCE FROM
SIDEWALK (Ft)
HORIZONTAL
CLEARANCE FROM
CURB (Ft)
FREESTANDING
Area Identification 1 per entrance
Billboard
Bulletin Board
Ground
Incidental 4
Outdoor Menu Board
Pylon
Residential See Table 3
BUILDING
Awning (a) 8 2
Awning, Electric (a) 8 2
Banner, Wall (a)
Building Marker 1 per building 4
Canopy (a) 8 2
Identification 1 per building
Marquee (a) 8 2
112
City Council Packet
February 23, 2010
Projecting (b) 1 per bldg face 48 10 2
Roof (a) 1 per building
Roof, Integral (a) 2 per building
Suspended 1 per entrance 8
Wall (a)
Wall, Painted (a)
Window
MISCELLANEOUS
Banner (c) 2 8 2
Banner, Pole 8 2
Flag 8 2
Inflatable (c) 1
Pennant (c)
Portable (c) 1 32(d)
Temporary (e) 2 16 (each)
a. Sign area for this sign shall be applied to the maximum allowable wall area from Table 3.
b. One sign shall be permitted for each building face fronting a public street.
c. Allowed as per section 94-470(e), (f) and (g).
d. Exception allowed as per section 94-470(e), (f) and (g).
e. Signs shall be displayed on a lot for no more than 6 months in any calendar year.
Section 3. Any or all ordinances in conflict herewith are hereby repealed.
First Reading: February 9, 2010
Second Reading: February 23, 2010
Published: February 26, 2010
CITY OF BROOKINGS, SD
____________________________
Tim Reed, Mayor
ATTEST:
________________________
Shari Thornes, City Clerk
113
City Council Packet
February 23, 2010
Planning Commission
Brookings, South Dakota
February 2, 2010
OFFICIAL MINUTES
Chairperson Alan Gregg called the regular meeting of the City Planning Commission to order
on February 2, 2010, at 7:00 PM in the Council Chamber at City Hall. Members present were
Wayne Avery, Mike Cameron, Greg Fargen, Al Heuton, Dave Kurtz, and Gregg. Larry Fjeldos
and John Gustafson were absent. Also present were Dave Owens, Quinn Fairchild, City
Engineer Jackie Lanning, Community Development Director Mike Struck, Planning and Zoning
Administrator Dan Hanson, and others.
The City of Brookings has submitted amendments to the Zoning Ordinance pertaining to signs
(Cameron/Kurtz) Motion to approve the zoning amendments
All present voted aye. MOTION CARRIED.
SUMMARY OF DISCUSSION
The sign amendments allowed businesses in strip malls to use portable signs more frequently
than a stand alone business. The amendments also increased the allowable square footage for
institutional uses on corner lots and for residential lots.
118
City Council Packet
February 23, 2010
Other Business
21. Action on an amendment to the City of Brookings Governance
and Ends Policies, Ends Policy I, Financial Stability, Guideline H.
Ordinance No. 03-10 repeals the present wording regulating the use of the revenue
from the Second Penny Sales & Use Tax. The attached amendment to the Governance
and Ends Policy, Ends Policy 1, Financial Stability is adding Guideline H which would
regulate the use of Sales and Tax Revenues from the 2nd Penny. The policy is in the
same context as the original ordinance with noted recommended deletions and
additions to represent present practice.
City Manager Introduction
ACTION: Motion to Approve, Request Public Comment, Roll Call
CITY MANAGER RECOMMENDATION - Approve
119
City Council Packet
February 23, 2010
CITY OF BROOKINGS
GOVERNANCE AND ENDS POLICIES
AMENDMENT 2/24/10
Ends Policy 1, Financial Stability
Guideline H:
Code of Ordinances, City of Brookings, Article II, Sales, Use and Lodging Taxes
Sec. 78-38. Use of revenue.
Any revenues received pursuant to sections 78-32 and 78-33 in excess of the amount
received if the rate of tax in section 78-32(a) is one percent may be used only in the
following manner:
1) Seventy-five percent of such revenues may be used only for General Fund
Critical Needs Equipment and for capital improvements which involve the construction
and financing of public improvements designated by ordinance or resolution of the city
council following a public hearing. The term "construction and financing," as used in this
section, shall include land acquisition, architectural and engineering fees, construction
costs and debt retirement. The term "public improvements," as used in this section, shall
include infrastructure and buildings either new or modified, improvements owned by
the city, joint county-municipal improvements, joint school district-municipal
improvements as authorized by SDCL ch. 6-3 (SDCL 6-3-1 et seq.), and improvements
constructed pursuant to a joint powers agreement with the state and South Dakota
State University as authorized by SDCL ch. 1-24 (SDCL 1-24-1 et seq.). Any
improvement project authorized by the city council under this subsection (a) shall be
subject to referendum.
(2) Twenty-five percent of such revenues may be used only for capital
improvements, including lease purchase agreements of realty, land acquisition, the
funding of public ambulance and medical emergency response vehicles, public hospitals,
or nonprofit hospitals with 50 or fewer licensed beds, and other public health care
facilities or nonprofit health care facilities with 50 or fewer licensed beds, the
programmed chip sealing street maintenance, specialized equipment, the transfer to the
special 911 fund authorized by SDCL 34-45-12, the purchasing of firefighting vehicles,
public safety and equipment, and debt retirement related thereto.
120
City Council Packet
February 23, 2010
121
22. Adjourn.