HomeMy WebLinkAbout2010_03_23 CC PKTCity Council Packet
March 23, 2010
Brookings City Council
Tuesday, March 23, 2010
City Hall Council Chambers
311 Third Avenue
5:30 p.m. – Work Session (NOTE TIME)
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.
5:30 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. Update on flood mitigation efforts.
2. City Council Member Ex-Officio Reports.
3. City Council member introduction of topics for future discussion. *
4. 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 Resolution No. 33-10, STP – Urban System Priority List.
D. Action on Resolution No. 34-10, a Resolution for Funding Agreement for Brookings
Area Transportation Plan Study.
E. Action on Resolution No. 35-10, appointment of Election Judges for the April 13th
Joint City Council/School Board Election.
F. Action on Resolution No. 36–10, authorizing the City Manager to Sign a Mutual Aid
Agreement for South Dakota Solid Waste Landfill and Restricted Use Sites.
G. Action on Resolution No. 37-10, authorizing the City Manager to sign an application
for a Grant from the State Solid Waste Management Program.
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.
Presentations, Special Requests/Invites & Reports:
5. Open Forum.
6. SDSU Student Senate Report.
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Ordinance First Readings:
7. Ordinance No. 13-10: An ordinance pertaining to an application for a Conditional Use
for a major home occupation (house cleaning service) within the City of Brookings for
Lot 17, Block 2, Bane and Poole Addition, address 309 State Avenue.
Public Hearing: April 6th
8. Ordinance No. 14-10: An ordinance pertaining to an application for a Conditional Use
for a private stable in the Residence R-1A District for Lot 18, Block 1, Nelson Second
Addition, address 1623 Medary Avenue South.
Public Hearing: April 6th
9. Ordinance No. 15-10: An ordinance amending the zoning ordinance of the City of
Brookings and pertaining to Location of Parking Spaces for the purposes of
administration of the zoning ordinance.
Public Hearing: April 6th
** 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. 12-10: An Ordinance Amending the Guidelines for Publication of
Minutes of the City Council of the City of Brookings, South Dakota.
City Manager Introduction
Open & Close Public Hearing
Motion to approve – Roll Call
11. Public hearing and action on a off sale malt beverage transfer from Cenex Petroleum,
Inc. to CHS Inc., for businesses located at 1005 6th Street and 3045 LeFevre Drive.
City Manager Introduction
Open & Close Public Hearing
Motion to approve – Roll Call
Other Business:
12. Adoption of the 2010 Strategic Plan.
City Manager Introduction
Open & Close Public Hearing
Motion to approve – Roll Call
13. Second Penny Fund Use:
A) Ordinance No. 03-10. A public hearing was held on Ordinance No. 03-10, an
Ordinance Amending Section 78-38 of the Code of Ordinances of the City of
Brookings, SD and Pertaining to the Use of Municipal Sales, Service, and Use Tax
Revenue in the City of Brookings, SD (TABLED 3/9/10).
ACTION: Motion to Remove from Table, Roll Call TABLED 3/9/10
City Manager Introduction
City Manager Action Recommendations:
A. Repeal existing ordinance
B. Adopt as policy in Action 13B
Motion to Approve, Roll Call
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B. Action to approve an amendment to the City of Brookings Governance and Ends
Policies, Ends Policy One, Financial Stability, Guideline I (TABLED 2/23/10).
Motion to remove from table – roll call
City Manager Introduction
Open & Close Public Hearing
Motion to approve – Roll Call
14. 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
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.
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5:30 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. Update on flood mitigation efforts.
City Manager, Jeff Weldon, will give an update on the measures being taken in regards
to flood mitigation.
Estimate Time: 10 Minutes
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5:30 P.M. WORK SESSION
** Work sessions are open to the public. During the work session the city staff would brief the council
on items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
2. City Council Member Ex-Officio Reports.
Pursuant to council direction, “City Council Member Ex-Officio Reports” will be a
standing agenda item at all Council Work Sessions. The Council Members that serve as
Ex-Officio members on the Brookings Health System Board 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
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5:30 P.M. WORK SESSION
** Work sessions are open to the public. During the work session the city staff would brief the council
on items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
3. City Council member 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.
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5:30 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. Council Invites & Obligations.
Date
Day
Event &
Brief Description
Time
Location
Town
Address
Directions
March 26th Friday BRHS “Paws for Wine” 7:00 p.m. Community Room
Innovation Village
March 27th Saturday City Council/School
Board Candidate Public
Forum
9:00 a.m. – 10:30
a.m.
Council Chambers
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
April 6th Tuesday Council Meeting 5:00 p.m. Council Chambers
April 7th Wednesday Annual District 2
Meeting
6:00 p.m. Dugout
Restaurant
DeSmet, SD
April 9th Friday Brookings/Moody
County Lincoln Day
5:30 p.m. Social
Hour
Shamrock
April 13th Tuesday City Council/School
Board Election
April 15th Thursday Election Canvassing 5:00 p.m. City Hall Meeting
Room
April 27th Tuesday Council Meeting 5:00 p.m. Council Chambers
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
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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 Resolution No. 33-10, STP – Urban System Priority List.
D. Action on Resolution No. 34-10, a Resolution for Funding Agreement for the Brookings Area
Transportation Plan Study.
E. Action on Resolution No. 35-10, appointing election judges for the April 13th Joint City
Council/School Board Election.
F. Action on Resolution No. 36–10, authorizing the City Manager to Sign a Mutual Aid Agreement for
South Dakota Solid Waste Landfill and Restricted Use Sites.
G. Action on Resolution No. 37-10, authorizing the City Manager to sign an application for a Grant from
the State Solid Waste Management Program.
Presentations, Special Requests/Invites & Reports:
5. Open Forum.
6. SDSU Student Senate Report.
Ordinance First Readings – Public Hearings April 6th
7. Ordinance No. 13-10: An ordinance pertaining to an application for a Conditional Use for a major home
occupation (house cleaning service) within the City of Brookings for Lot 17, Block 2, Bane and Poole
Addition, address 309 State Avenue. Public Hearing: April 6, 2010
8. Ordinance No. 14-10: An ordinance pertaining to an application for a Conditional Use for a private stable
in the Residence R-1A District for Lot 18, Block 1, Nelson Second Addition, address 1623 Medary
Avenue South. Public Hearing: April 6, 2010
9. Ordinance No. 15-10: An ordinance amending the zoning ordinance of the City of Brookings and
pertaining to Location of Parking Spaces for the purposes of administration of the zoning ordinance.
Public Hearing: April 6, 2010
Second Readings/Public Hearings
10. Ordinance No. 12-10: An Ordinance Amending the Guidelines for Publication of Minutes of the City
Council of the City of Brookings, South Dakota.
City Manager Introduction, Open & Close Public Hearing, Motion to approve – Roll Call
11. Public hearing and action on a off sale malt beverage transfer from Cenex Petroleum, Inc. to CHS Inc., for
businesses located at 1005 6th Street and 3045 LeFevre Drive.
City Manager Introduction, Open & Close Public Hearing, Motion to approve – Roll Call
Other Business:
12. Adoption of the 2010 Strategic Plan.
City Manager Introduction, Open & Close Public Hearing, Motion to approve – Roll Call
13. Second Penny Fund Use:
A) Ordinance No. 03-10. A public hearing was held on Ordinance No. 03-10, an Ordinance
Amending Section 78-38 of the Code of Ordinances of the City of Brookings, SD and Pertaining
to the Use of Municipal Sales, Service, and Use Tax Revenue in the City of Brookings, SD
(TABLED 3/9/10).
ACTION: Motion to Remove from Table, Roll Call TABLED 3/9/10
City Manager Introduction
City Manager Action Recommendations:
A. Repeal existing ordinance
B. Adopt as policy in Action 13B
Motion to Approve, Roll Call
B. Action to approve an amendment to the City of Brookings Governance and Ends Policies, Ends
Policy One, Financial Stability, Guideline I (TABLED 2/23/10).
Motion to remove from table – roll call
City Manager Introduction - Open & Close Public Hearing - Motion to approve – Roll Call
14. Adjourn.
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CONSENT AGENDA #4
4. Action to approve the following Consent Agenda Items *
A. Action to approve the agenda.
B. Approval of City Council Meeting minutes.
C. Action on Resolution No. 33-10, STP – Urban System Priority
List.
D. Action on Resolution No. 34-10, a Resolution for Funding
Agreement for Brookings Area Transportation Plan Study.
E. Action on Resolution No. 35-10, appointing election judges for
the April 13th Joint City Council/School Board Election.
F. Action on Resolution No. 36–10, authorizing the City Manager
to Sign a Mutual Aid Agreement for South Dakota Solid Waste
Landfill and Restricted Use Sites.
G. Action on Resolution No. 37-10, authorizing the City Manager
to sign an application for a Grant from the State Solid Waste
Management Program.
*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
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CONSENT AGENDA #4
B. Approval of City Council Meeting minutes.
The draft March 9th Brookings City Council minutes are enclosed for Council review
and approval.
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Brookings March 9, 2010
(unapproved)
The Brookings City Council held a meeting on Tuesday, March 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. Acting City Manager
Jackie Lanning, City Attorney Steve Britzman, and City Clerk Shari Thornes were also present.
Board of Equalization. Joyce Dragseth, Director of the County Equalization Office, gave an
update on the process for Board of Equalization to be held the week of March 15-19, 2010.
Downtown Brookings Inc. Annual Report. John Seward, Executive Director for
Downtown Brookings Inc., updated the City Council and public on DBI’s activities from 2009
and plans for 2010.
City Council Member Ex-Officio Reports. Council Member Whaley reported the
following; the Brookings Hospital construction project is two weeks behind, land has not
purchased for the ambulance service, but are considering three sites, the Brookings Hospital
Board of Trustees agenda packet will now be posted on the city and hospital websites, the
Hospital is seeking more revenue business, and are currently benchmarking with departments
to evaluate performance. Thorpe noted the Hospital is consistently losing money and is down
on net revenue. Bezdichek asked the ex-officios if the Board had discussed a new policy about
workforce reduction and commented that is a policy the City Council should have been made
aware of.
Bezdichek reported Utility Board members traveled to Washington, D.C. regarding pending
issues that impact local providers including EPA requirements on greenhouse gas emissions and
rail shipping.
6:00 P.M. REGULAR MEETING.
Consent Agenda. A motion was made by Whaley, seconded by Kubal, to approve the
consent agenda as follows:
A. Action to approve the agenda.
B. Action to appoint Father Ryan Ashley to the Historic Preservation Commission;
term expires January 1, 2012.
C. Action to approve an abatement request from Tim & Kriscinda Heaton for 2009
taxes in the amount of $709.18, 1008 3rd Street, E ½ Lot 2, all Lot 3, W ½ Lot 4,
Block 1, Pleasant Hill Addition.
D. Action to approve an abatement request from Randy and Lorelei Bjorklund for
2009 taxes in the amount of $1,278.10 for Lot 1, Block 6, Edgebrook Addition,
2021 Moriarty Drive.
E. Action on Resolution No. 29-10, awarding bids on Firefighter Gear.
Resolution No. 29-10
Resolution Awarding Bids on Firefighter Gear (14 Sets - Jacket/Pants)
Whereas, the City of Brookings held a bid letting at 1:30 pm on Tuesday, March 2, 2010;
and
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Whereas, the City of Brookings has received the following bids for Firefighter Gear: M&T
Fire & Safety, Inc. for $23,912.00
Now Therefore, Be It Resolved that the bid of $23,912.00 of M&T Fire & Safety, Inc. be
accepted.
F. Action on a Temporary Wine License for the Brookings Humane Society “Paws
for Wine” event to be held March 26, 2010 at the Innovation Village, 2405 10th
Street.
G. Action to abate $62.61 in 2010 Drainage Fees for Block 8, Hyland Addition.
City-purchased parcel number 40262-00800-000-00.
H. Action on Resolution No. 30-10, a Resolution declaring Surplus Property.
Resolution No. 30-10 - Declaring Surplus Property
Whereas, the City of Brookings is the owner of the following described asset formerly
located at the City-owned residence of 304 West 16th Avenue South: One (1) Whirlpool
Spa/Year: approximately 1993/Brand: Dakota Spas Manufacturing/Model: Dakotan/Color:
Emerald/Serial #: 106-DKN-4181-2
Whereas, in the best financial interest, it is the desire of the City of Brookings to sell same
as surplus property; and
Whereas, the estimated value is less than $500.00; and
Whereas, the City Manager hereby authorized to sell the surplus property;
Now, Therefore, Be It Resolved by the governing body of the City of Brookings, South
Dakota, that this property be declared surplus property according to SDCL Chapter 6-13.
On the motion, all present voted yes; motion carried.
Mayoral Proclamation. Mayor Reed presented a proclamation to Presley Door, the
recipient of the ‘SD Prudential Spirit of the Community Award’ for her work as a volunteer at
the Brookings Regional Humane Society.
City of Brookings 2009 Annual Financial Report. The report included receipts,
expenses, and financial condition of the municipality, including where the City’s funds are
deposited. Council reviewed the 2009 ‘unaudited’ Annual Financial Report for the City of
Brookings. It is anticipated adjustments will be made. The final audited report will be
presented to the Council at a later date.
First Reading – Ordinance No. 12-10. A first reading was held on Ordinance No. 12-10,
an Ordinance Amending the guidelines for Publication of Minutes of the city Council of the City
of Brookings, SD. Public Hearing: March 23, 2010
Ordinance No. 11-10. A motion was made by Whaley, seconded by Bezdichek, to approve
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 of the Sale of Alcoholic Beverages
in the City of Brookings. All present voted yes; motion carried.
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Resolution No. 31-10. A public hearing was held on Resolution No. 31-10, a Resolution of
Intent to Lease Real Property (leasing industrial land in the Svennes and Freeland Additions to
Foundation Seeds Stocks). No public comment was made. A motion was made by Bartley,
seconded by Thorpe, to approve Resolution No. 31-10. All present voted yes; motion carried.
Resolution No. 31-10
Resolution of Intent to Lease Real Property
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 Foundation Seed Stocks for a period of one (1)
year, commencing on March 9, 2010 and ending March 8, 2011, and pertaining to the following
described property: The designated farmland in the Brookings Wiese Addition, thirty (30)
acres more or less in Section 19, T110N, R49W, and the designated farmland in the Brookings
Freeland Addition, forty (40) acres more or less in Section 18, T110N, R49W in the City of
Brookings, Brookings County, South Dakota.
The Lease will be an amount of One Hundred Five Dollars ($105.00) per acre for farmland
annually, payable first half on April 1 and the remaining half on November 1. The City of
Brookings may terminate this Lease at any time in the event a parcel of the above described
property is to be sold by the City of Brookings. If a portion of the leased land is sold, the
number of acres to be paid for will be adjusted at the unit price per acre.
Be It Further Noted, that a Public Hearing on this Resolution was held on March 9, 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.
Ordinance No. 03-10. 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, SD. This item was
tabled at the February 23, 2010 meeting. No action was taken to remove from the table.
City of Brookings Governance Ends Policies, Ends Policy I, Financial Stability,
Guideline H. This item was tabled at the February 23, 2010 meeting. No action was taken
to remove from the table.
Executive Session. It was determined that the executive session was not needed. No
action.
Resolution No. 32-10. A public hearing and action was held on Resolution No. 32-10, an
Amended 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. No public comment was made. A motion was made by Bartley, seconded by
Kubal, to approve amended Resolution No. 32-10. All present voted yes; motion carried.
Resolution No. 32-10
Amended Resolution Authorizing the Purchase of Real Property for the Intergovernmental
Administration Building; Authorizing the Expenditure of Funds for the Purchase of the Real
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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:
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, further negotiations were necessary to achieve an acceptable purchase price with
respect to one of the properties described on Exhibit “A” (216-5th Avenue), which resulted in an
increase in the total cost of the purchase of 216 Fifth Avenue in the amount of $50,000, and
Whereas, the adjustment of the total cost of the purchase of 216 Fifth Avenue is warranted and
reasonable, based upon further analysis of the value of this property by staff and by Joint
Intergovernmental Building Committee members, and will result in fair and equitable treatment
of the owners of 216 Fifth Avenue, and
Whereas, with the foregoing adjustment, the total cost of the real property described in Exhibit
“A” shall not exceed One Million Nine Hundred Eighty-nine Thousand Five Hundred and
no/100 ($1,989,500.00) 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.
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3. This Resolution shall amend Resolution No. 22-10.
Exhibit “A”
Owner
Street Address
of Property
Legal Description
of Property
Vine Street Properties
LLC
512 – 3rd Street,
Brookings, SD 57006
Lot Four (4) in Block Three (3) of the First
Addition to the City of Brookings, County of
Brookings, State of South Dakota.
Blair R. Collins 524 – 3rd Street,
Brookings, SD 57006
Lots One (1) and Two (2) in Block Three (3) of
First Addition to the City of Brookings, County
of Brookings, State of South Dakota.
Gatzke Family
Enterprises
506 – 3rd Street and 222
– 5th Avenue, Brookings,
SD 57006
Lot “G” in Block Three (3) of the First Addition
to the City of Brookings, County of Brookings,
State of South Dakota.
Darin R. Dobrenski
and Tammy J.
Dobrenski
513 Front Street,
Brookings, SD 57006
The East Thirty Feet (E 30') of Lot Eight (8) in
Block Three (3) and that portion of Lot Eight
“A” (8A) abutting and accruing thereto, of First
Addition to the City of Brookings, County of
Brookings, State of South Dakota.
Shane S. Carlson 510 – 3rd Street,
Brookings, SD 57006
Lot Five (5) in Block Three (3) of First Addition
to the City of Brookings, County of Brookings,
State of South Dakota.
John Patrick Leary and
Eunice J. Leary
216 – 5th Avenue,
Brookings, SD 57006
The South Fifty Feet (S 50') of Lots Six (6) and
Seven (7) in Block Three (3) of the First Addition
to the City of Brookings, County of Brookings,
State of South Dakota.
Robert J. Bern 511 – Front Street,
Brookings, SD 57006
The West Fifty-six Feet (W 56') of the East
Eighty-six Feet (E 86') of Lot Eight (8) in Block
Three (3) of the First Addition to the City of
Brookings, County of Brookings, State of South
Dakota AND That portion of the vacated
portion of Front Street (sometimes known as
Lot Eight “A” (8A) of Block Three (3)) abutting
and accruing thereto.
Bruce L. Lentsch and
Maureen J. Lentsch
518 – 3rd Street,
Brookings, SD 57006
Lot Three (3) in Block Three (3) of First Addition
to the City of Brookings, County of Brookings,
State of South Dakota.
Adjourn. A motion was made by Kubal, seconded by Whaley, to adjourn. All present voted
yes; motion carried. Meeting adjourned at 6:31 p.m.
CITY OF BROOKINGS
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
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CONSENT AGENDA #4
C. Action on Resolution No. 33-10, STP – Urban System Priority
List.
The South Dakota Department of Transportation (SDDOT) is currently programming
their projects for the Statewide Transportation Improvement Plan (STIP) for Federal
Fiscal Years 2011-2015. The SDDOT allocates funding for urban systems projects using
81.95% federal funds and 18.05% state funds. SDDOT requires each city to submit a
resolution outlining the projects for the next 5-years based on our best estimate of
future needs. The current Statewide Transportation Improvement Plan (STIP) for
Brookings has two projects listed: New construction of 34th Avenue from 6th Street to
Prince Drive in 2010 and Mill and Overlay for Medary Avenue from 6th Street to 15th
Street South in 2012. These projects are still both scheduled for construction. The 34th
Avenue construction project is schedule to be let for bids by the SDDOT in May, 2010
and is anticipated to be completed in the 2010 construction season. The 34th Avenue
project is not listed in the resolution because it is a current year project that is
scheduled for construction.
The timeline from design to construction of an Urban System project is much lengthier
due to the federal rules involved. SDDOT requires projects to be listed at least three
years in advance to allow enough time for geotechnical testing, environmental review,
agreement procurement, plan review, right-of-way clearances, bidding and finally
construction. Since 34th Avenue has not been bid yet, the exact balance in the Urban
System fund will not be known until after the bid letting. Therefore, we do not
recommend adding additional streets to the priority list until next year when 34th
Avenue is complete and the STP balance is known. This resolution will approve the
Statewide Transportation Improvement Plan (STIP) for Brookings.
City Engineer Jackie Lanning received an update regarding the federal stimulus funding
from the SDDOT. The City of Brookings portion of the stimulus funding for STP
projects was approximately $486,000. This amount was not allocated by SDDOT in
2009 due to lack of funding; however, it is anticipated to be available in the Brookings
urban fund account in 2010. After the funds are allocated, they will be available for
future urban fund projects, such as the Mill and Overlay Project for Medary Avenue.
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March 23, 2010
Resolution No. 33-10
STP-Urban System Priority List
Whereas, the City of Brookings has designated certain streets to be included in the STP-Urban
System of Streets as defined by the SDDOT; and
Whereas, the SDDOT has designated certain funds, Federal and State to be used for
construction, reconstruction and major repair of the STP-Urban System Streets; and
Whereas, the City of Brookings has been requested to establish a priority list of projects to be
considered for funding by the SDDOT;
Now, Therefore, the City of Brookings hereby resolves that the following projects be
considered in the order listed:
Year Project Location Year Type of Work Length Cost
2012 Medary Ave. S. from 2012 Milling & Asphalt Overlay 1.6 $1,000,000
6th St. to 15th St. S. 2012 & Pavement Markings
Passed and approved this 23rd day of March 2010.
CITY OF BROOKINGS
________________________________
Tim Reed, Mayor
ATTEST:
_________________________________
City Clerk
(SEAL)
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CONSENT AGENDA #4
D. Action on Resolution No. 34-10, Resolution for Funding
Agreement for Brookings Area Transportation Plan Study.
The City of Brookings submitted an application for State Planning and Research Program
funds for a comprehensive Transportation Study. The South Dakota Department of
Transportation (SDDOT) has notified the City its SPR application has been selected for
funding. The City previously adopted a resolution committing up to $35,000 in local
matching funds for the transportation study.
The next step in the process is for the City Council to authorize the City Manager to
sign all documents for the funding agreement between the SD Department of
Transportation and the City of Brookings. The transportation study is anticipated to
take one year to complete and would coincide with SDDOT’s fiscal year (July 1 through
June 30th). SDDOT would hold the contract with the City reimbursing SDDOT twenty
percent (20%) of the study costs up to a maximum of $35,000. The benefit to having
the SDDOT hold the contract is to ensure the scope of work complies with SDDOT
requirements for future funding.
Staff recommends approving the resolution.
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March 23, 2010
Resolution No. 34-10
Resolution for Funding Agreement for
Brookings Area Transportation Plan Study
Whereas, the City of Brookings has identified the need to complete a comprehensive
transportation study; and
Whereas, it has been determined by the State of South Dakota that the project is eligible for
State Planning and Research Program funds; and
Whereas, the City of Brookings is the sponsoring applicant for funds; and
Whereas, the City is responsible for reimbursing the South Dakota Department of
Transportation twenty percent (20%) of the project costs up to a maximum of $35,000.
Therefore, Be It Resolved that the City of Brooking duly authorizes the City Manager of the
City of Brooking to sign all documents for the funding agreement between the SD Department
of Transportation and the City of Brookings for the Brookings Area Transportation Plan Study.
Passed and approved this 23rd day of March 2010.
CITY OF BROOKINGS
____________________________
Tim Reed, Mayor
ATTEST:
________________________
Shari Thornes, City Clerk
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March 23, 2010
CONSENT AGENDA #4
E. Action on Resolution No. 35-10, appointment of Election Judges
for the April 13, 2010 Joint City Council/School Board Election.
Resolution No. 35-10
Appointment of Election Judges
Whereas, a City of Brookings Municipal Election will be held on April 13, 2010 for the positions
of two Council members; and
Whereas, as required by SDCL 9-13-16.1, the City Council must appoint Election
Superintendents and Deputies and set their rate of compensation; and
Whereas, the following superintendents and deputies are hereby appointed at a rate of $10.50
per hour for superintendents, $10.00 per hour for deputies, and a flat fee of $20.00 for the
April 12, 2010 Election School: RESOLUTION BOARD: David Peterson, Larry Hult, and
Karen Cook as Alternate; PRECINCT 1 - Tompkin’s Alumni Center: Bobbe Bartley,
Superintendent, Harol Widvey, Lois Widvey, and Madeline Francis as Alternate; PRECINCT 2 -
1st Lutheran Church: Neva Jean Corlett, Superintendent, Norma Linn, Leslie Tlustos, and
Dona Kornbaum as Alternate; PRECINCT 3 - City Hall: Superintendent (Pending), Barb
Woolworth, Russell Lokken, and Yvonne Fetzer as Alternate; PRECINCT 4 - Ascension
Lutheran Church: Sue Knutzen, Superintendent, Marilyn Foerster, Sharon Anderegg, and
Robert Bell as Alternate; PRECINCT 5 – Bethel Baptist Church: Joann Kruse, Superintendent,
Hazel Hauff, Marlys Berkland, and Char Honkomp Alternate; and PRECINCT 6 – United
Church of Christ: John Grove, Superintendent, Dorothy Williamson, Charleen Forsyth,
ALTERNATE: Delores Canaday.
Passed and approved this 23rd day of March, 2010.
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
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CONSENT AGENDA #4
F. Action on Resolution No. 36-10, Authorizing the City Manager to
Sign a Mutual Aid Agreement for South Dakota Solid Waste
Landfill and Restricted Use Sites.
Bob McGrath chaired the group which developed the original Landfill Mutual Aid
Agreement for assistance during emergencies. The Landfill Mutual Aid Agreement is
based on the South Dakota Water and Wastewater Agency Response Network
Agreement. The agreement is designed to cover as many landfills and restricted use
sites as are willing to participate. The group decided Brookings, Watertown & Brown
County would be the test cases to start this agreement.
We realize this will not all be completed by the need for help if/when it floods; but until
it is completed we would rely on community mutual aid to still be willing to send
assistance to each other if requested. The advantage with mutual aid agreements is
many types of details such as workers comp, fuel costs, etc. are previously arranged
instead of attempting to settle questions/disputes after the work is done.
City Attorney Steve Britzman has reviewed the agreement and made good suggestions
correcting our grammar and sentence structure. His suggestions have been
incorporated in the agreement.
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Resolution No. 36–10
Authorization for the City Manager to Sign a Mutual Aid Agreement for South
Dakota Solid Waste Landfill and Restricted Use Sites
Whereas, the City of Brookings recognizes that emergencies may require assistance in the form
of personnel, equipment, and supplies from outside our local area to manage our solid waste
and
Whereas, the City Of Brookings recognizes that in emergencies that other solid waste
operations in the state may also require assistance in the form of personnel, equipment, and
supplies and
Whereas, the City of Brookings recognizes the benefit of a Mutual Aid Agreement to establish
procedures and administration with other Solid Waste entities.
Therefore, Let It Be It Resolved by the City Council of the City of Brookings, South Dakota,
that the City Manager be authorized to sign the South Dakota Solid Waste Landfill and
Restricted Use Sites Mutual Aid Agreement.
Passed and approved this 23rd day of March 2010.
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
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March 23, 2010
South Dakota Solid Waste Landfill and Restricted Use Sites
Mutual Aid Agreement
AGREEMENT
This Agreement is made and entered into by public Solid Waste Landfills and Restricted Use Sites that
have, by executing this Agreement, manifested their intent to participate in an Intrastate Program for
Mutual Aid and Assistance.
This Agreement is authorized under SDCL 34-48 of the State of South Dakota, which provides that
Solid Waste Landfills and Restricted Use Sites may contract with each other to provide services.
ARTICLE I.
PURPOSE
Recognizing that emergencies may require assistance in the form of personnel, equipment, and supplies
from outside the area of impact, the signatory landfills and restricted use sites established an Intrastate
Program for Mutual Aid and Assistance. Through the Mutual Aid and Assistance Program, Members
coordinate response activities and share resources during emergencies. This Agreement sets forth the
procedures and standards for the administration of the Intrastate Mutual Aid and Assistance Program.
ARTICLE II.
DEFINITIONS
A. Emergency – A natural or human caused event or circumstance causing, or imminently threatening
to cause, loss of life, injury to person or property human suffering or financial loss, and includes, but is
not limited to, fire, explosion, flood, severe weather, drought, earthquake, volcanic activity, spills or
releases of oil or hazardous material, contamination, utility or transportation emergencies, disease,
blight, infestation, civil disturbance riot, intentional acts, sabotage and war that is, or could reasonably be
beyond the capability of the services, personnel, equipment, and facilities of a Mutual Aid and Assistance
Program Member to fully manage and mitigate internally.
B. Members – Any public or non-profit solid waste landfill or restricted use site that manifest intent to
participate in the Mutual Aid and Assistance Program by executing this Agreement.
1. Requesting Member – A Member who requests aid or assistance under the Mutual Aid and
Assistance Program.
2. Responding Member –A Member who responds to a request for aid or assistance under the
Mutual Aid and Assistance Program.
3, Non-Responding Member – A Member who does not provide aid or assistance during a
Period of Assistance under the Mutual Aid and Assistance Program.
4. Associate Member – Any non landfill participant, approved by the State Steering Committee,
that provides a support role to the mutual aid agreement, for example the Department of
Environment and Natural Resources, South Dakota Office of Emergency Management, or
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March 23, 2010
the South Dakota Solid Waste Management Association, who are members of the State
Steering Committee and do not officially sign the mutual aid agreement.
C. Authorized Official – An employee or officer of a Member landfill or restricted use site who is
authorized to:
1. Request assistance;
2. Offer assistance;
3. Refuse to offer assistance or
4. Withdraw assistance under this agreement.
D. Confidential Information – Any document shared with any signatory of this Agreement that is
marked confidential, including but not limited to any map, report, notes, papers, opinion, or e-mail which
relates to the system vulnerabilities of a Member.
E. Period of Assistance –A specified period of time when a Responding Member Assists a Re-questing
Member The period commences when personnel, equipment, or supplies depart from a Responding
Member’s facility and ends when the resources return to their facility (portal to portal). All protections
identified in the agreement apply during this period. The specified Period of Assistance may occur
during response to or recovery from an emergency, as previously defined.
F. National Incident Management System (NIMS) – A national, standardized approach to incident
management and response that sets uniform processes and procedures for emergency response
operations.
ARTICLE III.
ADMINISTRATION
A. Statewide Committee shall be established to organize and maintain the Mutual Aid and Assistance
Program. The Statewide Committee shall consist of one representative from county landfills, one
representative from municipal landfills, one representative from landfill districts/non-profit landfills, one
representative from restricted use sites, and one representative from tribal landfills. Each representative
shall be elected by the Members of their respective group. Each Representative shall have one vote on
the Statewide Committee. In addition to representing the interests of the Members, the Statewide
Committee shall include representatives from South Dakota Office of Emergency Management, South
Dakota Solid Waste Management Association, and the South Dakota Department of Environment and
Natural Resources. Representatives of these organizations shall not have voting authority.
B. The Statewide Committee will elect the following officers from among its voting members: a Chair, a
Vice Chair and a Secretary. The term of all board members shall be 2 years. A quorum shall be a
majority of the voting members of the Statewide Committee.
C. The Statewide Committee shall meet at least twice each year at a meeting place designated by the
Committee. The Statewide Committee may make, establish, and alter rules and regulations for its
procedure consistent with generally recognized principles of parliamentary procedure. The Statewide
Committee shall have the power to carry out the purposes of this Agreement, including but not limited
to the power to: adopt bylaws; develop specific procedures
and protocol for requesting assistance; develop specific procedures and protocol for responding to a
request for assistance; organize meetings; operate a website; disseminate information; create
informational brochures; create subcommittees; maintain membership lists; maintain equipment and
supply inventory lists; and deal with membership issues.
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ARTICLE IV.
PROCEDURES
In coordination with South Dakota Office of Emergency Management, South Dakota Solid Waste
Management Association, and the South Dakota Department of Environment and Natural Resources,
the Statewide Committee shall develop operational and planning procedures for the Mutual Aid and
Assistance Program. These procedures shall be reviewed and updated if necessary at least annually.
ARTICLE V.
REQUESTS FOR ASSISTANCE
Member Responsibility: Members shall identify an Authorized Official and alternates, and provide contact
information including 24-hour access; maintain resource information made available by the utility for
mutual aid and assistance response. Such contact information shall be updated and provided to the
State Steering Committee annually or when changes occur.
In the event of an Emergency, a Member’s Authorized Official may request mutual aid and assistance
from a participating Member. Requests for assistance can be made orally or in writing. When made
orally, the request for personnel, equipment, and supplies shall be prepared in writing as soon as
practicable. Requests for assistance shall be directed to the Authorized Official of the participating
Member. Specific protocols for requesting aid shall be provided in the operational planning procedures
as required in Article IV.
Response to a Request for Assistance: Members of the Mutual Aid and Assistance Program are not
obligated to respond to a request. After a Member receives a request for assistance, the Authorized
Official evaluates whether or not to respond, whether resources are available to respond, or if other
circumstances would hinder response. Following this evaluation, the Authorized Official shall inform the
Requesting Member as soon as possible whether it has the resources to respond. If the Member is
willing and able to provide assistance, the Member shall inform the Requesting Member about the type
of available resources and the approximate arrival time of such assistance.
Discretion of Responding Member’s Authorized Official: Execution of this Agreement does not create any
duty to respond to a request for assistance. When a Member receives a request for assistance, the
Authorized Official shall have absolute discretion as to whether or not to respond, or the availability of
resources to be used in such response. An Authorized Member’s decisions on the availability of
resources shall be final.
ARTICLE VI
RESPONDING MEMBER PERSONNEL
National Incident Management System: When providing assistance under this Agreement, the Requesting
Landfill/Restricted Use Site and Responding Landfill/Restricted Use Site shall be organized and shall
function under the National Incident Management System.
Control: Responding Member personnel shall remain under the direction and control of the Responding
Member. The Requesting Member’s Authorized Official shall coordinate response activities with the
designated supervisor(s) of the Responding Member(s). Whenever practical, Responding Member
personnel must be self sufficient for up to 72 hours.
Food and Shelter: When possible, the Requesting Member shall supply reasonable food and shelter for
Responding Member personnel. If the Requesting Member is unable to provide food and shelter for
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Responding personnel, the Responding Member’s designated supervisor is authorized to secure the
resources necessary to meet the needs of its personnel. Except as provided below, the cost for such
resources must not exceed the State per diem rates for that area. To the extent Food and Shelter
costs exceed the State per diem rates for the area, the Responding Member must demonstrate that the
additional costs were reasonable and necessary under the circumstances. Unless otherwise agreed to in
writing, the Requesting Member remains responsible for reimbursing the Responding Member for all
reasonable and necessary costs associated with providing food and shelter.
Communication: The Requesting Member shall provide Responding Member personnel with radio
equipment as available, or radio frequency information to program existing radio in order to facilitate
communications with local responders and utility personnel. Also cell phones may be used if agreeable
to the Requesting Member. If cell phones are used, then significant phone numbers will be exchanged,
and any costs for roaming charges will be reimbursed by the Requesting Member.
Status: Unless otherwise provided by law, the Responding Member’s officers and employees retain the
same privileges, immunities, rights, duties, and benefits as provided in their respective jurisdictions.
Licenses and Permits: To the extent permitted by law, Responding Member personnel who hold licenses,
certificates or permits evidencing professional, mechanical, or other skills shall be allowed to carry out
activities and tasks relevant and related to their respective credentials during the specified Period of
Assistance.
Right to Withdraw: The Responding Member’s Authorized Official retains the right to withdraw some or
all of its resources at any time for any reason in the Responding Member’s sole and absolute discretion.
Notice of intention to withdraw must be communicated to the Requesting Member’s Authorized Official
as soon as possible.
ARTICLE VII.
COST REIMBURSEMENT
The Requesting Member shall reimburse the Responding Member for each of the following categories of
costs incurred during the specified Period of Assistance as agreed by both parties; provided that any
Responding Member may assume in whole or in part such loss, damage, expense, or other cost, or may
loan such equipment or donate such ser-vices to the Requesting Member without charge or cost.
Personnel: The Responding Member shall be reimbursed by the Requesting Member for personnel costs
incurred for work performed during the specified Period of Assistance. Responding Member personnel
costs shall be calculated according to the terms provided in their employment contracts or other
conditions of employment. The Responding Member’s designated supervisor(s) must keep accurate
records of work performed by personnel during the specified Period of Assistance. Requesting Member
reimbursement to the Responding Member should also consider all personnel costs, including salaries or
hourly wages, costs for fringe benefits, and indirect costs.
Equipment: The Requesting Member shall reimburse the Responding Member for the use of equipment
during the specified Period of Assistance, including, but not limited to, reasonable rental rates, all fuel,
lubrication, maintenance, transportation, and loading/unloading of loaned equipment. All equipment shall
be returned to the Responding Member in good working order as soon as it is practicable and
reasonable under the circumstances. As a minimum, rates for equipment use must be based on the
Federal Emergency Management Agency’s (FEMA) Schedule of Equipment Rates. If a Responding
Member uses rates different from those in the FEMA Schedule of Equipment Rates, the Responding
Member must provide such rates orally or in writing to the Requesting Member prior to supplying the
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equipment. Mutual written agreement on which rates are used shall be completed prior to dispatch of
the equipment. Reimbursement for equipment not referenced on the FEMA Schedule of Equipment
Rates must be developed based on actual recovery of costs. If Responding Member must lease a piece
of equipment while its equipment is being repaired, Requesting Member shall reimburse Responding
Member for such rental costs.
Materials and Supplies: The Requesting Member shall reimburse the Responding Member in kind or at
actual replacement cost, plus handling charges, for use of expendable or non-returnable supplies. The
Responding Member shall not charge direct fees or rental charges to the Requesting Member for other
supplies and reusable items that are returned to the Responding Member in a clean, damage-free
condition. Reusable supplies that are returned to the Responding Member with damage must be treated
as expendable supplies for purposes of cost reimbursement.
Payment Period: The Responding Member shall provide an itemized invoice to the Requesting Member
for all expenses it incurred as a result of providing assistance under this Agreement. The Responding
Member shall send the itemized invoice not later than ninety (90) days following the end of the Period of
Assistance. The Responding Member may request additional periods of time within which to submit the
itemized invoice, and Requesting Member shall not unreasonably withhold consent to such request. The
Requesting Member shall pay the bill in full on or before the forty-fifty (45th) day following the billing
date. The Requesting Member may request additional periods of time within which to pay the itemized
bill, and Responding Member shall not unreasonably withhold consent to such request, provided,
however, that full payment shall occur not later than one-year after the date a final itemized bill is
submitted to the Requesting Member. Unpaid bills become delinquent upon the forty-sixth (46th) day
following the billing date, and, once delinquent, the bill accrues interest at the rate of twelve (12%) per
cent per annum.
Records: Each Responding Member and their duly authorized representatives shall have access to a
Requesting Member’s books, documents, notes, reports, papers and records which are directly
pertinent to this Agreement for the purposes of reviewing the accuracy of an invoice. Each Requesting
Member and their duly authorized representatives shall have access to a Responding Member’s books,
documents, notes, reports papers and records which are directly pertinent to this Agreement for the
purposes of reviewing the accuracy of an invoice. Such records shall be maintained for at least three (3)
years or longer where required by law.
ARTICLE VIII.
DISPUTES
Members must first try negotiation for any controversy or claim arising out of or relating to this
Agreement, including, but not limited to, alleged breach of an Agreement. If unsuccessful then the
members must attempt resolution through mediation by arranged mediator.
ARTICLE IX.
REQUESTING MEMBER’S DUTY OF INDEMNIFY
The Requesting Member shall defend and fully indemnify and hold harmless the Responding Member, its
officers and employees, from all claims, loss, damage, injury, and liability of every kind, nature, and
description, directly or indirectly arising from Responding Member’s work during a specified Period of
Assistance.
The Requesting Member’s duty to indemnify is subject to, and shall be applied consistent with, the
conditions set forth in Article X.
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ARTICLE X.
SIGNATORY INDEMNIFICATION
In the event of a liability, claim, demand, action, or proceeding of whatever kind or nature arising as a
result of a response pertaining to this Agreement, the Members who receive assistance and the
Members who provide assistance shall have a duty to defend, indemnify, save and hold harmless all Non-
Responding Members, their officers, agents and employees from any liability, claim, demand, action, or
proceeding of what-ever kind or nature arising out of a Period of Assistance.
ARTICLE XI.
WORKER’S COMPENSATION CLAIMS
The Responding Member is responsible for providing worker’s compensation benefits and ad-ministering
worker’s compensation for its employees. The Requesting Member is also responsible for providing
worker’s compensation benefits and administering worker’s compensation for its employees.
ARTICLE XII.
NOTICE
A Member who becomes aware of a claim or suit that in any way, directly or indirectly contingently or
otherwise, affects or might affect other Members of this Agreement shall provide
prompt and timely notice to the Members who may be affected by the suit or claim. Each Member
reserves the right to participate in the defense of such claims or suits as necessary to protect its own
interests.
ARTICLE XIII.
INSURANCE
Members of this Agreement shall maintain an insurance policy that covers activities that it may
undertake by virtue of membership in the Mutual Aid and Assistance Program.
ARTICLE XIV.
CONFIDENTIAL INFORMATION
To the extent provided by law, any Member or Associate Member shall maintain in the
strictest confidence and shall take all reasonable steps necessary to prevent the disclosure of any
Confidential Information disclosed under this Agreement. If any Member, Associate Member, third
party or other entity requests or demands, by subpoena or otherwise, that a Member or Associate
Member disclose any Confidential Information under this Agreement, the Member or Associate Member
shall immediately notify the owner of the Confidential Information and shall take all reasonable steps
necessary to prevent the disclosure of any Confidential Information by asserting all applicable rights and
privileges with respect to such information and shall cooperate fully in any judicial or administrative
proceeding relating thereto.
ARTICLE XV.
EFFECTIVE DATE
This Agreement shall be effective after the Landfill’s authorized official executes the Agreement and the
Statewide Committee Chair receives the Agreement. The Statewide Committee Chair shall maintain a
master list of all members of the Mutual Aid and Assistance Program.
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ARTICLE XVI
WITHDRAWAL
A Member may withdraw from this Agreement by providing written notice of its intent to with-draw to
the Statewide Chair. Withdrawal takes effect sixty (60) days after the authorized officials receive notice.
Withdrawal from this Agreement shall in no way affect a Requesting Member’s duty to reimburse a
Responding Member for cost incurred during a Period of Assistance, which duty shall survive such
withdrawal.
ARTICLE XVII.
AMENDMENTS
No provision of this Agreement may be modified, altered or rescinded by individual parties to this
Agreement. Amendments to this Agreement may be necessary due to programmatic operational
changes, to support the agreement. Amendments require a simple majority vote of Members. The
Statewide Committee Chair shall provide written notice to all Members of approved amendments to
this Agreement. Approved amendments take effect sixty (60) days after the date upon which notice is
sent to the Members.
ARTICLE XVIII.
SEVERABILITY
The parties agree that if any term or provision of this Agreement is declared by a court
of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and
provisions shall not be affected, and the rights and obligations of the
parties shall be construed and enforced as if the Agreement did not contain the particular term or
provision held to be invalid.
ARTICLE XIX.
PRIOR AGREEMENTS
This agreement supersedes all prior Agreements between Members to the extent that such
Prior Agreements are inconsistent with this Agreement.
ARTICLE XX.
PROHIBITION ON THIRD PARTIES AND ASSIGNMENT OF RIGHTS/DUTIES
This Agreement is for the sole benefit of the Members and no person or entity must have any
rights under this Agreement as a third-party beneficiary Assignments of benefits and delegations of
duties created by this Agreement are prohibited and void.
ARTICLE XXI.
INTRASTATE AND INTERSTATE MUTUAL AID AND ASSISTANCE PROGRAMS
To the extent practicable, Members of this Agreement shall participate in Mutual Aid and Assistance
activities conducted under the State of South Dakota Intrastate Mutual Aid and Assistance Program and
the Interstate Emergency Management Assistance Compact (EMAC). Members may voluntarily agree to
participate in an interstate Mutual Aid and Assistance Program for landfills through this Agreement if
such a Program were established.
Now, therefore, in consideration of the covenants and obligations set forth in this Agreement,
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the Landfill or Restricted Use Site listed here manifests its intent to be a Member of the Intra-state
Mutual Aid and Assistance Program for Solid Waste Landfills and Restricted Use Sites by executing this
Agreement on this ____________ day of _____________________ 2010.
Solid Waste Landfill/Restricted Use Site:
______________________________________________________________________
By: _________________________
Title: ________________________
_____________________________
Please Print Name
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CONSENT AGENDA #4
G. Action on Resolution No. 37-10, authorizing the City Manager to
sign an application for a Grant from the State Solid Waste
Management Program.
The landfill will be constructing Trench 4 East this summer. The plans and drawings
have been approved by the South Dakota Department of Environment and Natural
Resources (SDDENR) with bid opening on the project scheduled for March 30th. The
SDDENR contacted the City to see if we were going to apply for any financial assistance
on the project. As a result we are submitting a grant application.
We are asking for a $300,000 grant. We may not receive the entire amount, however,
but whatever amount we do receive will save our money. The entire project is
estimated at $880,000 including engineers (design costs). We have $800,000 budgeted
in 2010 for the actual construction. The majority of the engineer’s costs were paid out
last year in 2009.
The timing of this application may be good. We are off to a slow start this year; unsure
if it is due to the tough winter weather, or if it is because of a continuing trend of a
slowing economy for our six (6) county service area. We are concerned about our
revenue. The projected revenue is set very close to what we actually took in 2009.
We are currently behind last year’s revenue.
The Board of Minerals and Environment, which reviews the grant application and
actually approves the amount, has the option of also offering us a loan. Solid Waste
Management Program loans are at 2.25% for up to seven (7) years. The Grant
application deadline is April 1st. The board does not take action until the very end of
June.
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Resolution No. 37–10
Authorization for the City Manager to Sign an Application for a Grant
from the State Solid Waste Management Program
Whereas, the City of Brookings Landfill has a need for constructing Trench 4 East and a
leachate collection system and
Whereas, the request will be a $300,000.00 grant from the Solid Waste Management Program.
Therefore, Let It Be It Resolved by the City Council of the City of Brookings, South Dakota,
that the City Manager be authorized to sign a grant application for the landfill project.
Passed and approved this 23rd day of March 2010.
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
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Presentations/Reports/Special Requests
5. Invitation for a Citizen to schedule time on the Council Agenda
for an issue not listed.
At this time, any member of the public may request time on the agenda for an item not
listed. Items are typically scheduled for the end of the meeting; however, very brief
announcements or invitations will be allowed at this time.
6. SDSU Student Senate Report.
President – Brett Monson
Vice-President – Erin Kennedy
Administrative Assistant – Kate Wegehaupt
Finance Chair – Anthony Sutton
State & Local Chair – Eric Haiar
http://studentorgs.sdstate.org/studentsassociation/Default.htm
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Ordinance First Readings
7. Ordinance No. 13-10: An Ordinance pertaining to an Application
for a Conditional Use for a Major Home Occupation (House
Cleaning Service) within the City of Brookings for Lot 17, Block 2,
Bane and Poole Addition, address 309 State Avenue.
Public Hearing: April 6th
** No vote is taken on the first reading of an Ordinance. The title of the Ordinance is read and
the date for the public hearing is announced.
Applicant: Cyle Wooten
Proposal: Establish a cleaning service from a home in a low-density residential
neighborhood.
Background: Major home occupations must comply with 14 criteria listed in the zoning
ordinance. This list is in your packet. It is important to compare the ordinance limits
imposed on a home occupation to the information provided by the applicant.
Specifics: The petitioner has submitted a letter outlining his business plan and a site plan
showing the parking area and supply storage area. It appears there are three on-premise
parking spaces. The proposed storage area is about 7’ X 12’ and is located at the rear of
the attached garage. The petitioner indicated that office work would be conducted on his
existing home computer.
Recommendation: The Planning Commission voted 0 yes and 7 no to
recommend that this request not be approved.
Ordinance No. 13-10
An Ordinance pertaining to an Application for a Conditional Use for a Major Home
Occupation within the City of Brookings:
Be it ordained by the governing body of the City of Brookings, South Dakota:
Section 1. That the said Conditional Use shall be approved for a Major Home Occupation (house
cleaning service) on Lot 17, Block 2, Bane and Poole Addition with the following conditions: None.
Section 2. All sections and ordinances in conflict herewith are hereby repealed.
First Reading: March 23, 2010
Second Reading:
Published:
CITY OF BROOKINGS
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
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Planning Commission
Brookings, South Dakota
March 2, 2010
OFFICIAL MINUTES
Chairperson Alan Gregg called the regular meeting of the City Planning Commission to order
on March 2, 2010, at 7:00 PM in the Council Chamber at City Hall. Members present were
Wayne Avery, Mike Cameron, Donna DeKraai, Greg Fargen, Al Heuton, Dave Kurtz, and
Gregg. Larry Fjeldos and John Gustafson were absent. Also present were Cyle Wooten, Cliff
Kurtz, Community Development Director Mike Struck, and Planning and Zoning Administrator
Dan Hanson.
Item #3 – Cyle Wooten has submitted an application for a Conditional Use to establish a
major home occupation (house cleaning service) on Lot 17, Block 2, Bane and Poole Addition
(309 State Avenue).
(Cameron/Fargen) Motion to approve the Conditional Use. All present voted no.
MOTION FAILED.
SUMMARY OF DISCUSSION
Item #3 – Cyle Wooten, owner of the property, was present for questions. Heuton noted
that the business plan indicated that two to three crews with two to three persons per crew
would begin the operation. He asked what the maximum number of employees would be.
Wooten replied that five crews would likely be the maximum. If the business grew larger, he
would relocate to a business property. Kurtz inquired about vehicular traffic to and from the
residence. Wooten responded that the crew leader would pick up and drop off supplies in the
morning and afternoon, respectively. DeKraai inquired about on-site parking. Wooten replied
that one space in the garage, one in front, and two on the side of the driveway were available.
Avery asked who lived at the residence. Wooten replied himself and two roommates. Fargen
asked about the supplies. Wooten answered that they would be non-corrosive and non-
flammable. Kurtz inquired if there would be any on-site sales. Wooten replied no.
Avery was concerned that there were too many employees for a home occupation. He felt the
neighborhood would be affected negatively by this use. He pointed out that the ordinance
restricts employees to those living on-site along with one non-resident. Heuton concurred and
added that any future expansion would further impact the neighborhood. Cameron felt the
business was more suited for a commercial district.
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City Council Packet
March 23, 2010
Ordinance First Readings
8. Ordinance No. 14-10: An Ordinance pertaining to an Application
for a Conditional Use for a Private Stable in the Residence R-1A
District for Lot 18, Block 1, Nelson Second Addition, address
1623 Medary Avenue South.
Public Hearing: April 6th
** No vote is taken on the first reading of an Ordinance. The title of the Ordinance is read and
the date for the public hearing is announced.
Applicant: Cliff Kurtz
Proposal: Establish a private stable on a low-density residential lot
Background: Stables are split into two categories, private or riding. The intended difference was
that a private stable consisted solely of the landowner’s animals while a riding stable included
animal from others who would pay boarding fees, etc. The definitions are as follows:
• Stable: Any premises or part thereon where horses or other equine animals are sheltered and
fed.
• Stable, Private: Any lot or building or part thereon where horses or other equine animals are
maintained, trained or cared for by the landowner for the sole purpose of pleasure.
• Stable, Riding: Any lot or building or part thereon where horses or any equine animals are
maintained, boarded, trained or cared for in return for remuneration.
A private stable is permitted as a conditional use only in the Ag, R-1, and R-1A Districts. These
districts have greater minimum lot area requirements which relates more closely with the
standards for this use. These standards are as follows:
Sec. 94-299. Stable (private or riding):
These uses shall be established on lots with a minimum area of two acres and one acre of land
shall be provided for each horse located thereon. No pasture shall be located within the
required front yard setback and no horse shall be allowed to be kept within 125 feet of any
building used for human habitation other than by the owner of such animal. No fencing shall
be made of barbwire or connected to an electrical current.
Specifics: The petitioner is proposing to establish a stable with a corral in the southeast corner
of his lot. City land adjacent to this corner will remain undeveloped due to the need to maintain
a drainageway along the east side and additional storm water storage on the south side. The
stable will be about 130 feet from the nearest residentially developed lot to the north. There is
also a tree belt and garage that provides some screening along the north lot line.
Recommendation: The Planning Commission voted 6 yes and 0 no to recommend approval of
this Conditional Use subject to the conditions stated in the ordinance.
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City Council Packet
March 23, 2010
Ordinance No. 14-10
An ordinance pertaining to an application for a Conditional Use
for a private stable in the Residence R-1A District.
Be it ordained by the governing body of the City of Brookings, South Dakota that said
Conditional Use shall be approved for a private stable on Lot 18, Block 1, Nelson Second
Addition with the following conditions:
1. The Conditional Use Permit shall be granted only to the applicant
2. The private stable shall be restricted to one horse
All sections and ordinances in conflict herewith are hereby repealed.
First Reading: March 23, 2010
Second Reading:
Published:
CITY OF BROOKINGS
__________________________
ATTEST: Tim Reed, Mayor
________________________________
Shari Thornes, City Clerk
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City Council Packet
March 23, 2010
Planning Commission
Brookings, South Dakota
March 2, 2010
OFFICIAL MINUTES
Chairperson Alan Gregg called the regular meeting of the City Planning Commission to order
on March 2, 2010, at 7:00 PM in the Council Chamber at City Hall. Members present were
Wayne Avery, Mike Cameron, Donna DeKraai, Greg Fargen, Al Heuton, Dave Kurtz, and
Gregg. Larry Fjeldos and John Gustafson were absent. Also present were Cyle Wooten, Cliff
Kurtz, Community Development Director Mike Struck, and Planning and Zoning Administrator
Dan Hanson.
Item #4 – Cliff Kurtz has submitted an application for a Conditional Use to establish a private
stable on Lot 18, Block 1, Nelson Second Addition (1623 Medary Avenue South).
(Fargen/Heuton) Motion to approve the Conditional Use.
(Cameron/DeKraai) Amendment to the motion to add the following conditions:
1. The Conditional Use Permit shall be granted only to the applicant.
2. The private stable shall be restricted to one horse.
All present voted aye. AMENDMENT CARRIED.
The motion, as amended, was voted on. All present voted aye. MOTION CARRIED.
SUMMARY OF DISCUSSION
Item #4 – Cliff Kurtz, owner of the property, stated he wanted to establish a stable on his lot
for a Welsh pony. He had a BS degree in Animal Science so care and maintenance would not be
a problem. He showed several photos of his property and nearby properties. The stable and
corral would be in the southeast corner next to a drainageway and open space.
DeKraai was concerned about the potential for manure to enter the drainageway. Kurtz
stated the land was flat, and he could landscape to make sure any runoff stayed on his property.
DeKraai recommended that, if approved, the Conditional Use should be limited to the
applicant. Cameron concurred and felt only one horse should be permitted.
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City Council Packet
March 23, 2010
Ordinance First Readings
9. Ordinance No. 15-10: An Ordinance amending the Zoning
Ordinance of the City of Brookings and pertaining to Location of
Parking Spaces for the purposes of Administration of the Zoning
Ordinance.
Public Hearing: April 6th
** 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.
Off-site Parking - Off-site parking is permitted, with restrictions, for residential,
commercial and industrial uses. The proposed changes clarify the regulations by
separating a residential use from business and industrial uses. No substantive changes
were made for business and industrial uses. The primary change for residential uses is
the elimination of off-site parking for a low or medium density residential use.
Recommendation: The Planning Commission voted 7 yes and 0 no to recommend
approval of the amendments.
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City Council Packet
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Ordinance No. 15-10
An Ordinance Amending the Zoning Ordinance of the City of Brookings and
pertaining to Location of Parking Spaces 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 94-431 Location of Parking Spaces
The following parking regulations shall apply:
(1) Off-street parking spaces provided on adjacent property other than the same
property as the use is located shall be permitted as follows:
a. Where an increase in the number of spaces is required by a change or enlargement of
a residential use, or where such spaces are provided by two (2) or more buildings or
establishments or are used jointly by two (2) or more buildings or establishments, the
required spaces, if not contiguous, may shall be located on the same property as the
use not to exceed three hundred feet (300’) from the building or use served.
Exception: Parking spaces required for an apartment complex, which consists of
three (3) or more buildings, may be provided within three hundred feet (300’) of
the lot or building for which they are required if the complex and parking lot are
contiguous.
b. Where an increase in the number of spaces is required by a change or enlargement of a
business or industrial use, or where such spaces are provided by two (2) or more
establishments or are used jointly by two (2) or more establishments, the required
spaces, if not contiguous, may be located not to exceed three hundred feet (300’)
from the use served.
c. The joint use of off-street parking spaces for two or more business or industrial
buildings or uses shall be permitted provided the total number of spaces is not less
than the sum of the required spaces of the various individual uses. The joint use of
parking spaces shall be permitted for uses that are not open, used or operated during
the same hours.
d. A request for off-site, off-street parking for a business or industrial use shall be
accompanied by an appropriate reciprocal easement agreement guaranteeing the
continued availability of such spaces for as long as the use or uses exist.
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e. Off-site required off-street parking shall not be separated from the use it serves by an
arterial or collector street. The requirements of section 94-365 shall also apply.
Section 2. Any or all ordinances in conflict herewith are hereby repealed.
First Reading: March 23, 2010
Second Reading:
Published:
CITY OF BROOKINGS, SD
___________________________________
Tim Reed, Mayor
ATTEST:
________________________
Shari Thornes, City Clerk
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City Council Packet
March 23, 2010
Planning Commission
Brookings, South Dakota
March 2, 2010
OFFICIAL MINUTES
Chairperson Alan Gregg called the regular meeting of the City Planning Commission to order
on March 2, 2010, at 7:00 PM in the Council Chamber at City Hall. Members present were
Wayne Avery, Mike Cameron, Donna DeKraai, Greg Fargen, Al Heuton, Dave Kurtz, and
Gregg. Larry Fjeldos and John Gustafson were absent. Also present were Cyle Wooten, Cliff
Kurtz, Community Development Director Mike Struck, and Planning and Zoning Administrator
Dan Hanson.
Item #5 – The City of Brookings has submitted amendments to the Zoning Ordinance
pertaining to off-site parking for certain residential uses.
(Heuton/Cameron) Motion to approve the amendments. All present voted aye.
MOTION CARRIED.
SUMMARY OF DISCUSSION
Item #5 – Hanson noted that the proposed ordinance was deferred from the February
meeting. The Commission had requested a modification that would eliminate off-site parking for
low and medium-density residential uses. The revision would require that all minimum parking
spaces be on the same lot as the use.
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City Council Packet
March 23, 2010
Second Readings / Public Hearings
10. Ordinance No. 12-10, an Ordinance Amending the Guidelines for
Publication of Minutes of the City Council of the City of
Brookings, South Dakota.
Enclosed for Council review and action is an ordinance modifying the content
requirements for the City Council’s minutes. With the addition of new video software
and search capabilities, the detailed minutes are no longer needed and the discussion
sections of the minutes will be significantly reduced.
Ordinance No. 12-10
An Ordinance Amending the Guidelines for Publication of Minutes of the City
Council of the City of Brookings, South Dakota
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BROOKINGS, SOUTH
DAKOTA, AS FOLLOWS:
I.
Chapter 2, Article V. Publication of Minutes.
Sec. 2-100 Publication of Minutes. The Minutes of the City Council shall be published in the
official legal newspaper of the city within thirty days after each meeting, providing, at a minimum,
the following information:
a. The names of the members attending the meeting and those absent;
b. The date and place of the meeting and time the meeting was called to order and
adjourned;
c. A list of the topics discussed, providing an accurate report of the matters discussed in
sufficient detail to truly reflect the matters discussed;
c. A brief summary of each topic discussed or presented at such meeting.
d. A statement identifying any agreements or documents approved at such
meeting and whether such agreement or document is available for public
inspection at City Hall.
e A description of each motion made at the meeting, whether the motion was seconded,
and the names of the members who make and second each motion;
f. The results of every vote taken at the meeting; and
g. The vote of every member on every recorded roll call vote.
II.
All ordinances in conflict herewith are hereby repealed.
First Reading: March 9, 2010
Second Reading and Adoption: March 23, 2010
Published: March 26, 2010
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
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March 23, 2010
Second Readings/Public Hearings
11. Public hearing and action on an Off-Sale Malt Beverage transfer
from Cenex Petroleum, Inc. to CHS Inc., for businesses located at
1005 6th Street and 3045 LeFevre Drive.
The City of Brookings has received an application to transfer the off-sale malt beverage
licenses for two locations from Cenex Petroleum, Inc. (dba Zip Trip) to CHS, Inc., at
1005 6th Street (W115’ Lots 1 and 2, Block 1, Randi Peterson’s Addition), Brookings, SD
and 3045 Lefevre Drive (Lot 6, N225’ of E30’ Lot 7, Lefevre Addition), Brookings, SD.
All the required documents have been submitted for these transfers. A public hearing
and action by the local governing body is required to approve all transfers. These
licenses would be effective immediately until June 30, 2010 and then subject to an annual
renewal. If approved, the applications would be forwarded to the State Department of
Revenue for final action and issuance of the licenses.
Further Information: SDCL 35-2-1.2 provides all applications for retail licenses …shall
be submitted to the governing board of the municipality within which the applicant
intends to operate…The governing board: “shall have discretion to approve or
disapprove the application depending on whether it deems the applicant a suitable
person to hold such license and whether it considers the proposed location suitable.”
SDCL 35-2-6.2 provides the “character” requirements for alcoholic beverage licensees:
“Any license under this title…must be a person of good moral character, never
convicted of a felony, and, if a corporation, the managing officers thereof must have like
qualifications.”
Procedure for issuance of licenses: Procedurally, SDCL 35-2-3 provides that “no license
for the on or off-sale at retail of alcoholic beverages…shall be granted to an applicant
for any such license, except after public hearing, upon notice.” SDCL 35-2-5 provides
the procedure for the time and place of hearing and for publication of notice. If an
application for a license is refused, “no further application may be received from a
person until after the expiration of one year from the date of a refused application.”
City Ordinances:
Listed below is Chapter 5, Article 2, Section 5-20 of the City Code of Ordinances
pertaining to Application Review Procedure.
The City Council shall review all applications submitted to the City for available On-Sale
Alcoholic Beverage Agreements and for On-Sale Malt Beverage and Wine Licenses in
accordance with SDCL 35-2 and in accordance with the following factors:
(a) Type of business which applicant proposes to operate:
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On-Sale Alcoholic Beverage Operating Agreements and On-Sale Malt Beverage
and Wine Licenses may not be issued to convenience grocery stores, gas
stations, or other stores where groceries or gasoline are sold unless it can be
established that minors do not regularly frequent the establishment.
(b) The manner in which the business is operated:
On-Sale Alcoholic Beverage Operating Agreements and On-Sale Malt Beverage
and Wine Licenses may not be issued to establishments which are operated in a
manner which results in minors regularly frequenting the establishment.
(c) The extent to which minors are employed in such a place of business:
On-Sale Alcoholic Beverage Operating Agreements and On-Sale Malt Beverage
and Wine Licenses may not be issued to convenience grocery stores, gas
stations, or other stores where groceries or gasoline are sold and which
regularly employ minors.
(d) The adequacy of the police facilities to properly police the proposed location:
The City Council shall inquire of the Police Chief whether the Police
Department can adequately police the proposed location.
(e) Other factors:
The hours that business is conducted shall be considered by the City Council in
its review of applications for on-sale alcoholic beverage operating agreements
and on-sale malt beverage and wine licenses
Summary: SDCL and case law support the premise that the decision to issue an
alcoholic beverage license is discretionary. The City can assess the character of the
applicant and whether the location is suitable. A person convicted of a felony is
prohibited from applying for a license; therefore, a convicted felon would fail the
character test. In determining suitable location, the Council may involve the
determination of whether the location is suitable consistent with the procedure
developed through South Dakota Case Law. This includes the manner in which the
business is operated; the extent to which minors frequent or are employed in such
place of business; the adequacy of the police facilities to properly police the proposed
location, and other factors associated with the sale of alcoholic beverages.
City Manager Introduction
ACTION: Open & Close Public Hearing, Motion to Approve, Roll Call
CITY MANAGER RECOMMENDATION - Approve
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Other Business
12. Adoption of the 2010 Strategic Plan.
Pursuant to our annual goal-setting and strategic planning session, attached please find a
document which describes the final product from that exercise. This strategic plan is
somewhat different in structure from previous annual strategic plans as it reflects the
changing priorities of our issues as well as an evolution in our process.
The proposed strategic plan is divided into three segments. The first tier (Items 1-4)
describes top priority items for this year. The second tier (Items A-D) describes
significant construction items that have evolved from previous strategic plans into
implementation projects. The third tier (Items E-L) describes secondary issues you
identified as needing additional policy definition as a means of being addressed. You can
expect to see these items on to your work session agenda frequently in the coming
months as a means of addressing them.
Now would be the appropriate time to adjust, modify, or otherwise alter the items,
their relative priority, or descriptions.
Requested action would be to formally approve this document with a motion. It then
becomes a policy document for the City Council and a work plan for staff.
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City Council Packet
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2010 Strategic Plan
City of Brookings, South Dakota
1) Airport Site Selection
Following the approval of the Environmental Assessment (EA) by the Federal Aviation
Commission (FAA) on the dual-track site selection process, the City Council will need to
determine the future of the Brookings Municipal Airport (BKX). The dual-track site selection
considers (A) a runway re-alignment leaving the airport at the current location or (B) re-
location of the airport to a site located in Trenton Township.
Action Steps:
-Receive approval from the FAA of the EA.
-Schedule and hold the required 45-day comment period on the EA.
-Schedule and hold optional public open houses or other hearings on the EA.
-Conduct the FAA-required public hearing on the EA.
-Airport Board makes recommendation to City Council on preferred site.
-City Council makes a final decision on preferred site.
-Staff begins preparations for Airport Layout Plan (ALP) on selected site.
2) 34th Avenue/20th Street Improvement Project
This is a major street project involving the upgrade of 34th Avenue from Prince Drive to the
Elkton/Sinai exit of Interstate-29. It includes the extension of 20th Street from 22nd Avenue east
with an I-29 overpass to connect with 34th Avenue. This project will greatly improve
vehicular/truck traffic and safety along the eastern industrial sector of Brookings while providing
an alternative “ring route” for commuter traffic lessening the traffic burden on Highway 14 and
I-29 exit 132.
Action Steps:
-Undertake/complete the DOT comprehensive city-wide transportation study.
-Continue to update the informational brochure describing the project.
-Continue to work with stakeholders, build stakeholder interest in the project.
-Continue to lobby state and federal policy-makers about the project.
-Plan for the financing and construction of Phase II of the project.
3) Swiftel Expansion Project Decision Analysis
This project proposes to expand and modify the Swiftel Event Center with a $7-8 million
improvement project by converting the existing meeting facilities into a comprehensive and
expanded conference/meeting facility. The project will require the adjacent development of a
hotel.
Action Steps:
-Identify, negotiate, and develop multiple options with private hoteliers for hotel development.
-Analyze the options for hotel development.
--Select the best option.
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--Commence plans for construction.
-OR-
-Reject all hotel options and terminate the expansion project.
-Consider upgrade/improvement needs of the facility without the conference center.
4) Construction of City/County Government Center
This project involves the construction of a joint administrative government center for city and
county functions located on Third Street between Fifth and Sixth Avenues.
Action Steps:
-Complete property acquisition process closing on properties by June 1.
-Contract with architect.
-Contract with construction manager.
-Develop preliminary plan for Police Dept. modifications to City Hall.
-Adopt Joint Powers Agreement; establish JP Board.
-Initiate Historic Review Case Study on site.
-Contract with demolition contractor for site clearance and demolition by July 1.
-Undertake Schematic Design (SD) architectural phase.
-Hold public open houses and solicit community input on exterior schematic design.
-Undertake Design Development (DD) architectural phase.
-Undertake Construction Document (CD) architectural phase.
-Advertise for bids. (depends upon adopted schedule)
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Tier 2 Construction Projects
A) Main Avenue Railroad Safety Crossing improvement project
Install crossing gates and other safety improvements on the DM & E/CP railroad crossing at
Main Avenue. This is the first year of a phased, multi-year plan to install safety enhancements at
all railroad crossings with the State DOT at one per year. Long-range improvements will
consider a grade separation or railroad by-pass.
B) Storm drainage infrastructure improvements
Construction of Project Priorities #1 and #2 of the Storm Drainage Master Plan; undertake
preliminary planning for Project Priority #3.
C) Nature Park Improvement Project
Initiate and complete the Master Plan for the Nature Park project with approvals from the ad
hoc committee, Park & Recreation Board, and City Council. Depending upon plan completion
date, initiate construction of Nature Park improvements.
D) SDSU Innovation Campus Infrastructure Project
Complete the street and utility improvement project at the Innovation Campus.
------------------------------------------------------------------------------------------------------------
Tier 3 Policy Development Projects
E) Hospital governance and community health care alignment issues.
F) Neighborhood parking issues; action on ad hoc parking committee report.
G) Community Sustainability Initiatives.
H) Consideration of second penny debt issuance for PAC II funding request.
I) Development plan for entry corridor improvements on 6th St.
J) Re-packaging/updating of various economic development and related plans.
K) Study feasibility of south fire station location to improve response time.
L) Capitalize on opportunities to purchase land for economic development.
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Other Business:
13A) 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 was 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.
NOTE: The City Council tabled action on Ordinance 03-10 at its February 23rd and
meeting and recommended an ordinance be retained; however, the current ordinance
language be amended to reflected the proposed Governance and Ends Policy language
(see Item 14), which was also tabled on February 23rd.
Enclosed for Council consideration is substitute language to Ordinance No. 03-10.
City Council tabled action again on March 9th.
ACTION: Motion to Remove from Table, Roll Call TABLED 3/9/10
City Manager Introduction
City Manager Action Recommendations:
A. Repeal existing ordinance
B. Adopt as policy in Action 13B.
Motion to Approve, Roll Call
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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 TABLED
Published:
CITY OF BROOKINGS, SD
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
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March 23, 2010
SUBSTITUTE LANGUAGE
ORDINANCE NO. ____________
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.
(a) Any revenues received pursuant to sections 78-32(a) 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 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, 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.
(b) 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:
SECOND READING:
PUBLISHED:
CITY OF BROOKINGS, SOUTH DAKOTA
ATTEST: Tim Reed, Mayor
Shari L. Thornes, City Clerk
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Other Business
13B. Action on an amendment to the City of Brookings Governance
and Ends Policies, Ends Policy One, Financial Stability,
Guideline I.
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 One, Financial Stability is adding Guideline I 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 OF BROOKINGS
GOVERNANCE AND ENDS POLICIES
AMENDMENT 2/24/10 (modified on 3/17/10)
Ends Policy One, Financial Stability
Guideline I: Description of Second Penny Fund Use
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.
ACTION: Motion to Remove from Table, Roll Call (Tabled 2/23/10)
City Manager Introduction
ACTION: Open & Close Public Hearing, Motion to Approve, Roll Call
CITY MANAGER RECOMMENDATION - Approve
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City Council Packet
March 23, 2010
68
14. Adjourn.