HomeMy WebLinkAbout2010_06_22 CC PKTCity Council Packet
June 22, 2010
1
Brookings City Council
Tuesday, June 22, 2010
City Hall Council Chambers
311 Third Avenue
5:30 p.m. – Work Session (LATE START)
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. Policy discussion on Council Member Presentations and Handouts.
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 cannot be added for
action at this meeting. A motion and second is required starting the issue, requested outcome, and time. A
majority vote is required.
6:00 P.M. REGULAR MEETING
1. Call to order.
2. Pledge of Allegiance.
3. Record of Council attendance.
4. Action to approve the following Consent Agenda Items *
A. Action to approve the agenda.
B. Approval of minutes.
C. Action on Resolution No. 64-10, awarding bid for EdgeBrook Golf Course Irrigation
Upgrade Project.
D. Action on Revised Resolution No. 63-10, A Resolution Awarding bids for the
Airport Wildlife Fence Project, I.I.P. #3-46-0005-023-2010.
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.
Ordinance First Readings**
7. Ordinance No. 25-10: An Ordinance Amending Article V of Chapter 82 of the Code of
Ordinances of the City of Brookings and Pertaining to Prohibited Backing by Semi
Trucks with Trailers.
Public Hearing: July 13th
City Council Packet
June 22, 2010
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** 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
8. Public hearing and action on a Special Temporary On-Sale Malt and Wine License for
Downtown Brookings Inc. for an event downtown on June 26th.
Open & Close Public Hearing, Motion to Approve, Roll Call
9. Public hearing and action on a Special Temporary On-Sale Wine License for the SD
Winegrowers Association on July 10 & 11 in the parking lot of 302 6th Street West.
Open & Close Public Hearing, Motion to Approve, Roll Call
10. Public hearing and action on a Special Temporary Off-Sale SD Farm Wine License for
the SD Winegrowers Association on July 10 & 11 in the parking lot of 302 6th Street
West.
Open & Close Public Hearing, Motion to Approve, Roll Call
11. Public hearing and action on a Special Temporary On-Sale Malt and Wine License for
Ray‟s Corner for the “South Dakota Honor Flight” fundraiser event downtown on July
16th.
Open & Close Public Hearing, Motion to Approve, Roll Call
12. Public hearing and action on a Special Temporary On-Sale Malt and Wine License for
Downtown Brookings Inc. “Taste of Brookings” Event downtown on July 31st.
Open & Close Public Hearing, Motion to Approve, Roll Call
13. Public hearing and action on a renewal request for an On/Off Malt License for Sundried
Tomato, 417 Main Avenue, Zach Halstead, owner.
Open & Close Public Hearing, Motion to Approve, Roll Call
14. Public Hearing and action on Resolution No. 65-10, a Resolution Determining the
Necessity of Repairing or Installing Sidewalks in the City of Brookings at the Expense of
Abutting Property Owners, 2010-01SWR Sidewalk Repair Project
Open & Close Public Hearing, Motion to Approve, Roll Call
Other Business:
15. Discussion and possible action on the Construction Delivery Method for the Joint
City/County Intergovernmental Project.
Open & Close Public Hearing, Motion to Approve, Roll Call
16. Adjournment.
City Council Packet
June 22, 2010
3
Brookings City Council
Tim Reed, Mayor
Mike Bartley, Deputy Mayor & Council Member
Council Members Tom Bezdichek, John Kubal, Mike McClemans, Jael Thorpe, Keith Corbett
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.
City Council Packet
June 22, 2010
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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. Policy discussion on Council Member Presentations and
Handouts.
This agenda topic is a policy discussion pursuant to the following motion
which was made at the May 25, 2010 Council Meeting: “A motion was made
by Councilman Kubal, seconded by Councilman Corbett, to discuss a policy
regarding handouts or presentations by Council Members and to direct staff to
provide copies of all handouts to the council.”
Estimated Time: 15 Minutes
City Council Packet
June 22, 2010
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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 Member Thorpe
City Council Packet
June 22, 2010
6
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.
City Council Packet
June 22, 2010
7
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
June 24 Thursday SD Board of Regents
Reception 6:00 p.m. Innovation Center
June 30 Wednesday Governor‟s Ag Development
Summit Sioux Falls Convention
Center
July 4 Sunday 4th of July Parade 12:00 line-up
2:00 p.m. start Brookings Police Dept.
July 13 Tuesday Council Meeting 5:00 p.m. Council Chambers
July 27 Tuesday Council Meeting 5:00 p.m. Council Chambers
August 10 Tuesday Council Meeting 5:00 p.m. Council Chambers
August 18 Wednesday SDML Public Works SDML Building, Fort Pierre
August 24 Tuesday Council Meeting 5:00 p.m. Council Chambers
September 14 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
September 28 Tuesday Council Meeting 5:00 p.m. Council Chambers
October 12 Tuesday Council Meeting 5:00 p.m. Council Chambers
October 26 Tuesday Council Meeting 5:00 p.m. Council Chambers
November 9 Tuesday Council Meeting 5:00 p.m. Council Chambers
November 23 Tuesday Council Meeting 5:00 p.m. Council Chambers
Nov. 29 –
Dec. 4
Monday –
Saturday NLC-Congress of Cities
Denver, CO
December 14 Tuesday Council Meeting 5:00 p.m. Council Chambers
December 28 Tuesday Council Meeting 5:00 p.m. Council Chambers
City Council Packet
June 22, 2010
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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. 64-10, awarding bid for EdgeBrook Golf Course Irrigation
Upgrade Project.
D. Action on Revised Resolution No. 63-10, A Resolution Awarding bids for the Airport
Wildlife Fence Project, I.I.P. #3-46-0005-023-2010.
Motion to approve, request public comment, roll call
Presentations, Special Requests/Invites & Reports
5. Open Forum.
6. SDSU Student Senate Report.
Ordinance First Readings
7. Ordinance No. 25-10: An Ordinance Amending Article V of Chapter 82 of the Code of
Ordinances of the City of Brookings and Pertaining to Prohibited Backing by Semi Trucks with
Trailers.
Public Hearing: July 13th
Second Readings/Public Hearings
8. Public hearing and action on a Special Temporary On-Sale Malt and Wine License for
Downtown Brookings Inc. for an event downtown on June 26th.
Open & Close Public Hearing, Motion to Approve, Roll Call
9. Public hearing and action on a Special Temporary On-Sale Wine License for the SD
Winegrowers Association on July 10 & 11 in the parking lot of 302 6th Street West.
Open & Close Public Hearing, Motion to Approve, Roll Call
10. Public hearing and action on a Special Temporary Off-Sale SD Farm Wine License for the SD
Winegrowers Association on July 10 & 11 in the parking lot of 302 6th Street West.
Open & Close Public Hearing, Motion to Approve, Roll Call
11. Public hearing and action on a Special Temporary On-Sale Malt and Wine License for Ray‟s
Corner for the “South Dakota Honor Flight” fundraiser event downtown on July 16th.
Open & Close Public Hearing, Motion to Approve, Roll Call
12. Public hearing and action on a Special Temporary On-Sale Malt and Wine License for
Downtown Brookings Inc. “Taste of Brookings” event downtown on July 31st.
Open & Close Public Hearing, Motion to Approve, Roll Call
13. Public hearing and action on a renewal request for an On/Off Malt License for Sundried Tomato,
417 Main Avenue, Zach Halstead, owner.
Open & Close Public Hearing, Motion to Approve, Roll Call
14. Public Hearing and action on Resolution No. 65-10, a Resolution Determining the Necessity of
Repairing or Installing Sidewalks in the City of Brookings at the Expense of Abutting Property
Owners, 2010-01SWR Sidewalk Repair Project
Open & Close Public Hearing, Motion to Approve, Roll Call
Other Business
15. Discussion and possible action on the construction delivery method for the Joint City/County
Intergovernmental Project.
16. Adjournment.
City Council Packet
June 22, 2010
9
CONSENT AGENDA #4
4. Action to approve the following Consent Agenda Items *
A. Action to approve the agenda.
B. Approval of minutes.
C. Action on Resolution No. 64-10, awarding bid for EdgeBrook
Golf Course Irrigation Upgrade Project.
D. Action on Revised Resolution No. 63-10, A Resolution
Awarding bids for the Airport Wildlife Fence Project, I.I.P. #3-
46-0005-023-2010.
*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
City Council Packet
June 22, 2010
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CONSENT AGENDA #4
B. Approval of City Council Meeting minutes.
The draft June 8th Brookings City Council minutes are enclosed for Council
review and approval.
City Council Packet
June 22, 2010
11
Brookings City Council
June 8, 2010
(unapproved)
The Brookings City Council held a meeting on Tuesday, June 8, 2010 at 5:00 p.m., at City Hall
with the following members present: Mayor Tim Reed, Council Members Keith Corbett, John
Kubal, Mike Bartley, Jael Thorpe, Mike McClemans, and Tom Bezdichek. City Manager Jeff
Weldon, City Attorney Steve Britzman, and City Clerk Shari Thornes were also present.
Capital Improvement Plans. The preliminary five-year Capital Improvement Plan for the
City of Brookings was presented to the Council. No action was taken.
6:00 P.M. REGULAR MEETING. Consent Agenda. Resolutions No. 61, 62 and 63
were modified to authorize the Mayor to sign all documents rather than the City Manager. A
motion was made by Bartley, seconded by McClemans, to approve the consent agenda, with
corrections noted above, as follows:
A. Action to approve the agenda as amended.
B. Approval of the May 18th and May 25th Council meeting minutes.
C. Action on an abatement request from Topline Properties LLC to abate a
portion of 2009 taxes for in the amount of $27,465.00 for property at 1104 22nd
Avenue South.
D. Action on Resolution No. 56-10, awarding bids for Street Maintenance Project,
2010-08STI.
Resolution No. 56-10
Resolution Awarding Bids on Project 2010-08STI Street Maintenance and Overlay Project
Whereas, the City of Brookings opened bids for Project 2010-08STI Street Maintenance
and Overlay Project on Tuesday, June 1, 2010 at 1:30 pm at Brookings City Hall; and
Whereas, the City of Brookings has received the following bids for Project
2010-08STI Street Maintenance and Overlay Project: Schedule A, Asphalt F.O.B., Bowes
Construction, Inc., Brookings, SD for the amount of $62,318.10; Schedule B, Overlays, Bowes
Construction, Inc., Brookings, SD for the amount of $432,852.13.
Now Therefore, Be It Resolved that the low bid of $62,318.10 for Schedule A and
$432,852.13 for Schedule B for Bowes Construction, Inc., Brookings, SD be accepted.
E. Action on Resolution No. 57-10, awarding bids for Sidewalk and Curb & Gutter
Replacement Project, 2010-01SWR.
Resolution No. 57-10
Resolution Awarding Bids on Project 2010-01SWR
Curb & Gutter, and Sidewalk Project
Whereas, the City of Brookings opened bids for Project 2010-01SWR Curb & Gutter and
Sidewalk Project on Tuesday, June 1, 2010 at 1:30 pm at Brookings City Hall; and
Whereas, the City of Brookings has received the following bids for Project
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June 22, 2010
12
2010-01SWR Curb & Gutter and Sidewalk Project: Owens Enterprises, Inc., Brookings, SD for
the amount of $106,210.00, Clark Drew Construction, Inc., Brookings, SD for the amount of
$111,230.40, and Concrete Contractors, Inc., Brookings, SD for the amount of $112,325.00.
Now Therefore, Be It Resolved that the low bid of $106,210.00 for Owens Enterprises, Inc.,
Brookings, SD be accepted.
F. Action to approve the E911 Operating Budget.
G. Action on Resolution No. 58-10, a Resolution in Support of Land and Water
Conservation Fund Grant Application.
Resolution No. 58-10
Resolution in Support of Land and Water Conservation Fund Grant Application
Whereas, the United States of America and the State of South Dakota have authorized the
making of grants from the Land and Water Conservation Fund (LWCF) to public bodies to
aid in financing the acquisition and/or construction of specific public outdoor recreation
projects;
Now, Therefore, Be It Resolved:
1. That the Parks, Recreation, and Forestry Director is hereby authorized to execute and
file an application on behalf of the City of Brookings with the National Park Service, U.S.
Department of the Interior, through the State of South Dakota, Department of Game,
Fish, and Parks, Division of Parks and Recreation, for an LWCF grant to aid in financing
Lions Park Playground Improvements for the City of Brookings, South Dakota and its
Environs.
2. That the Parks, Recreation, and Forestry Director, is hereby authorized and directed to
furnish such information as the above mentioned federal and/or state agencies may
reasonably request in connection with the application which is hereby authorized to be
filed.
3. That the City of Brookings shall provide a minimum of 50% of the total cost of the
project, and will assume all responsibility in the operation and maintenance of the
project upon completion of construction, for the reasonable life expectancy of the
facility.
4. That the City of Brookings dedicates Lions Park for park and outdoor recreation
purposes in perpetuity.
H. Action on Resolution No. 59-10, a Resolution pertaining to changing the names
of streets.
Resolution No. 59-10
Resolution Pertaining to Changing the Names of Streets
Whereas, the City Council is authorized under Article I, Section 74-1 to change the names
of streets within the city; and
Whereas, certain streets need to be renamed to attach an appropriate suffix to maintain
consistency with adjacent street names.
City Council Packet
June 22, 2010
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Now, Therefore, Be It Resolved by the governing body that the following changes be made:
Old street name: Miller Drive; New street name: Miller Park Way
Abutting legal descriptions: Lots A and 17, Block 1, SDSU Innovation Campus Addition of
the Plat of Lots 1-32, Lots A to E and road rights-of-way, all in Block 1, SDSU Innovation
Campus Addition in the NW ¼ of Section 19-T110N-R49W recorded in Plat Book 26,
Page 48, at 11:30 AM on December 18th, 2008
The City Clerk is directed to file a copy of this resolution with the Register of Deeds and to
request the above referenced plats be notated with the new street names and a reference
to this resolution be added describing the proper miscellaneous record.
I. Action on Resolution No. 60-10, a Resolution declaring surplus property at the
airport.
Resolution No. 60-10
Declaring Surplus Property
Whereas, the City of Brookings is the owner of the following described asset located at the
Brookings Regional Airport: One (1) Aircraft Hangar. Year: approximately 1952. Location:
Airport hangar site “A”.
Whereas in the best financial interest, it is the desire of the City of Brookings to sell said
surplus property; and
Whereas, the City Manager is hereby authorized to appoint three real property owners to
appraise the value of said surplus property; and
Whereas, the City Manager is here authorized to sell said 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.
J. Action on Resolution No. 61-10, a Resolution authorizing the City Manager to
sign a Grant Application for Federal Aviation Administration Airport Wildlife
Fence, A.I.P. #3-46-0005-023-2010.
Resolution No. 61-10
A Resolution Authorizing the City Manager to Sign a Grant Application for Federal Aviation
Administration, Airport Wildlife Fence A.I.P. #3-46-0005-023-2010
Whereas, the Brookings City Council desires funding for a Perimeter Wildlife Fence at the
Brookings Regional Airport for the Federal Aviation Administration Grant AIP Project No.
3-46-0005-023-2010; and
Whereas, the City of Brookings is obligated to and hereby agrees to be reimbursed by the
Federal Aviation Administration for 95% and the SD State Aeronautics Department for 3%
of the allowable costs incurred in accomplishing the Perimeter Wildlife Fence; and
City Council Packet
June 22, 2010
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Whereas, the Federal Aviation Administration is hereby requested to authorize Airport
Improvement Project No. 3-46-0005-23-2010 in accordance with the approved Grant
Agreement.
Now, Therefore, Be Resolved, that the Mayor is hereby authorized to sign a Grant
Application for the Federal Aviation Administration Grant AIP Project No. 3-46-0005-23-
2010.
K. Action on Resolution No. 62-10, a Resolution authorizing the City Manager to
sign a Grant Agreement for Federal Aviation Administration Airport Wildlife
Fence, A.I.P. #3-46-0005-023-2010.
Resolution No. 62-10
A Resolution Authorizing the City Manager to Sign a Grant Agreement for Federal Aviation
Administration Airport Wildlife Fence A.I.P. #3-46-0005-023-2010
Whereas, the Brookings City Council desires funding for a Perimeter Wildlife Fence at the
Brookings Regional Airport for the Federal Aviation Administration Grant AIP Project No.
3-46-0005-023-2010; and
Whereas, the City of Brookings is obligated to and hereby agrees to be reimbursed by the
Federal Aviation Administration for 95% and the SD State Aeronautics Department for 3%
of the allowable costs incurred in accomplishing the Perimeter Wildlife Fence; and
Whereas, the Federal Aviation Administration is hereby requested to authorize Airport
Improvement Project No. 3-46-0005-23-2010 in accordance with the approved Grant
Agreement.
Now, Therefore, Be It Resolved, that the Mayor is hereby authorized to sign all documents
related to a Grant Agreement for the Federal Aviation Administration Grant AIP Project
No. 3-46-0005-23-2010, upon receipt of the grant offer.
L. Action on Resolution No. 63-10, a Resolution Awarding Bids for Federal
Aviation Administration Airport Wildlife Fence, A.I.P. #3-46-0005-023-2010.
Resolution No. 63-10
Resolution Awarding Bids on Airport Wildlife Fence Project
Brookings Regional Airport
AIP# 3-46-0005-023-2010
Whereas, the City of Brookings held a bid letting on June 8, 2010; and
Whereas, the City of Brookings received the following bids for the Airport Wildlife Fence
Project AIP # 3-46-0005-023-2010: Shaun Jensen Construction, Inc., Brookings, SD -
$248,587.96; American Fence Company, Inc., Sioux Falls, SD- $289,435.96, Michaels Fence
and Supply, Sioux Falls, SD - $310,912.68, Custom Fence Company, Logan, UT-$338,934.05.
City Council Packet
June 22, 2010
15
Now Therefore, Be It Resolved to make the tentative award of AIP Project #3-46-0005-
023-2010 for the Airport Wildlife Fence Project to Shaun Jensen Construction, Inc.,
Brookings, SD in the amount of $248,587.96 pending receipt of Federal Aviation
Administration grant offer and applicable DBE participation or “Good Faith Effort”
documentation.
Now, Therefore, Be It Resolved, that the Mayor is hereby authorized to sign all documents
related to a Grant Agreement for the Federal Aviation Administration Grant AIP Project
No. 3-46-0005-23-2010, upon receipt of the grant offer.
On the motion, all present voted yes; motion carried.
Mayor’s Annual State of the City Message. “Brookings is a unique place where
innovative thinking is encouraged at every turn. It is not necessarily the scale or grand scope of
a dream, but the idea behind it that is revered. This decidedly progressive attitude helps
explain why Brookings has become such an ideal place to raise a family, start a business, or
make a discovery.
Economic Health: Brookings is doing better than the nation. The AP ranked Brookings County
fourth among the least economically stressed counties in the United States in May 2010.
While the Nation‟s retail sales were down by 6.8% in 2009, Brookings was down by 1.18%, with
25 NEW stores opening their doors in Brookings since 2008. Unfortunately unemployment is
trending up and First Penny Sales Tax Revenue has remained flat from 2007-2009.
Mayor Reed made the following observations about the City: a growth in housing starts and
retail sales, plus a diverse economy avoided severe revenue downturn in 2009, unemployment
is not trending down, CPI for mid-west shows a decrease in 2009 and slower growth so far in
2010 (2008 +3.7%, 2009 -0.6%, 2010 +2.7% (4 months)), building permit activity is down so far
in 2010. Overall, Brookings is in a good position, but growth will be slow.
First Penny Sales Tax Revenue 2010 forecast is $4.8 million. This is the same as 2009 revenue.
The city‟s revenue has been at budget through April 2010. Will have to react with capital
spending cuts if this takes a downturn. There will be no growth in the City‟s 2011 Budget.
We need to invest in Brookings. Brookings was ranked 5th in Quality of Life in small mid-west
cities by bizjournal.com. Balancing the needs of the community and the needs of City Hall is
critical. Must continue to preserve Second Penny Revenues as an investment fund to improve
the quality of life in Brookings
Quality of Life: Quality of Service (Joint Government Facility), Recreational activities (Nature
Park), Cultural activities (PAC II).
Visitors to Brookings. Nearly 1,000 events bring 500,000 annual visitors to Brookings. For
example, SDSU D-1 Events brought in approximately 150,000 people, Swiftel Center 100,000
people, and Youth Sporting Tournaments 43,000 visitors. From 2000 to 2009 hotels, drinking
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June 22, 2010
16
and eating establishments had more than a 50% increase. Children‟s Museum will be a unique
place making Brookings a destination.
Increasing Visitors. It will be hard to hit the sweet spot with conferences and conventions.
Conventions and conference centers is a crowded business. We need to be: Innovative – think
beyond the organizations that rotate around the state, Unique – How can we stand out?,
Progressive – More than sales tax generator – a way to present Brookings as a place to Bring
Your Dreams.
Opportunities and Strengths: better than average economy, open and accessible government
with social media, Innovation Campus, Community Development Dept., I-29 Corridor project,
Industrial Land, VA Home.
Threats and Weaknesses: State funding and fee control issues for SDSU, Regional and National
Economy.
Some of the City‟s accomplishments: Downtown Streetscape, Joint Government Location,
Storm Drainage – from plan to projects, Larson Ice Arena updates, Heavy snow year, Granicus,
Electronics Storage buildings, Clean streets, Quick arrest of a violent crime.
Updates: Community Common Read, and Sustainability Council
Brookings continues to change: from stockyards to manufacturing capitalizing on a workforce,
from bachelor degree provider to a consumer capitalizing on a educated work force, and from
education to knowledge based business capitalizing on university research.
Mayor Reed thanked City Manager Jeff Weldon and staff, City Clerk Shari Thornes and staff,
fellow Council Members and Volunteer Board Members.
Brookings is a unique place with innovative thinking and a progressive attitude.”
Public Hearing – Malt Renewals. A public hearing and action was held on annual Alcohol
Malt Beverage License renewals. A motion was made by Thorpe, seconded by Kubal, to
approve the following Malt Beverage License Renewals: On-Off Sale Malt: Gonz Production,
Inc. (Main Street Pub) 408 Main Ave., Old Sanctuary 928 4th St., Guadalajara Village Square Mall
#1, Boss‟ Pizza & Chicken 420 Main Ave., Skinner‟s Pub 300 Main Ave., Cottonwood Bistro
1710 6th St., King‟s Wok 1819 6th St., George‟s Pizza & Steakhouse 311 Main Ave., Danny‟s 703
Main Ave. So., BraVo‟s 610 Medary Ave., Pizza Hut 418 6th St., Oly‟s Neighborhood Pub & Grill
725 Main Ave. So., Ray‟s Corner 401 Main Ave., Carpy‟s Pub 700 22nd Ave. So., Edgebrook Golf
Course 1415 22nd Ave. So., Taste of Europe 1300 Main Ave. So., Sixth Street Diner 223 6th St.,
South Main Diner 615 Main Ave. So., Casino 2000 622 25th Ave. The Shamrock 1104 22nd Ave.
So., Swiftel Center 824 32nd Ave., PNP Pub 318 2nd St. So., Schoon‟s PNP Pub South 1203 Main
Ave. So., Cubby‟s Sports Bar & Grill 307 Main Ave. Brookings Softball Assoc. (Southbrook
Softball Diamonds) 2800 22nd Ave. So. Off-Sale Malt (Package Beer): Jim‟s Tap 309 Main Ave.,
Sully‟s Irish Pub 421 Main Ave., Schoon‟s Pump-N-Pak 202 S. Main Ave., Gas „N More 600 6th
St., CPI Zip Trip 1005 6th St., CPI Zip Trip 3045 LeFevre Dr., BP of Brookings Inc. 2420 6th St.,
City Council Packet
June 22, 2010
17
Casey‟s General Store 534 22nd Ave. So., Casey‟s General Store 620 8th St. So., Casey‟s General
Store 122 West 6th St., Newman‟s Kerr McGee 503 6th St., Hy-Vee Food Store 700 22nd Ave.,
Hy-Vee Gas 716 22nd Ave. So., Wal-Mart Stores, Inc. 2233 6th St. No public comment was
made. All present voted yes; motion carried.
Ordinance No. 22-10 – Conditional Use. A public hearing was held on Ordinance No. 22-
10, an Ordinance pertaining to an application for a Conditional Use for a Church in the
Business B-2 District, West 35 feet of Lots 15 and 16, Block 1, Peterson‟s First Addition. No
public comment was made. A motion was made by Kubal, seconded by Bezdichek, to approve
Ordinance No. 22-10. All present voted yes; motion carried.
Ordinance No. 21-10 – Storm Water. A public hearing was held on Ordinance No. 21-10,
an Ordinance Amending Chapter 72 of the Code of Ordinances of the City of Brookings and
Pertaining to Storm Drainage and Providing Requirements for Storm Water Discharges,
Construction Site Runoff Erosion and Sediment Control and Post-Construction Site Storm
Water Runoff Control. Public hearing: Questions were raised by George Houtman and Lynn Mennis.
Jim Flippin and Jon Mills objected to the new requirements. A motion was made by Bezdichek,
seconded by Kubal, to approve Ordinance No. 21-10. All present voted yes; motion carried.
Ordinance No. 23-10 – Storm Water. A public hearing was held on Ordinance No. 23-10,
an Ordinance Amending Article II of Chapter 22 of the Code of Ordinances of the City of
Brookings and pertaining to the 2006 International Residential Code with certain Amendments
thereto. No public comment was made. A motion was made by Bartley, seconded by Reed, to
approve Ordinance No. 23-10. All present voted yes; motion carried. Without objection, the City
Manager was directed to coordinate a review of Ordinances 21, 23 and 24 with input from the City
Engineer’s Office and Contractor’s Association and provide a report on the process regarding
reasonableness and compliance (December 2010).
Ordinance No. 24-10 – Storm Water. A public hearing was held on Ordinance No. 24-10,
an Ordinance Amending Article II of Chapter 22 of the Code of Ordinances of the City of
Brookings and pertaining to the 2006 International Building (Commercial) Code with certain
Amendments thereto. No public comment was made. A motion was made by Kubal, seconded
by Bezdichek, to approve Ordinance No. 24-10. All present voted yes; motion carried.
Swiftel Center Expansion Plan Discussion. MOTION: A motion was made by Kubal,
seconded by Bezdichek, to remove the Swiftel Center Expansion Plan from #3 of the Tier 1
priorities of the 2010 Strategic Plan and to remove it from preliminary 5 year capital
improvement plan. Discussion: George Houtman, Victoria Blatchford, Gail Robertson and Al
Kurtenbach spoke in favor of the expansion center project.
AMENDMENT: A motion was made by Reed, seconded by Thorpe, to amend the motion by
striking “remove the SC expansion” and replace with “to continue opportunities to increase
meeting and convention space in the strategic plan.”
TABLE: A motion was made by Reed, seconded by McClemans, to table. All present voted yes,
except Kubal and McClemans voted no. MOTION TO TABLE PASSED.
City Council Packet
June 22, 2010
18
MOTION: A motion was made by Reed, seconded by Bartley, stating the City of Brookings has
a need for more meeting and convention space that is attached to a hotel to increase visitors.
The City Council requests proposals from developers that would increase Brookings current
capabilities. The city owned Swiftel Center is one location and a proposed plan has been
developed. Proposals for the Swiftel site do not have to follow the current plan. The council is
open to other locations for a meeting and convention center. The Hotel would be privately
constructed and operated. The convention center could be a city developer partnership or
fully owned by the city. Direction is given to the city manager to work with developers that
may have interest in proposing a hotel & convention center. On the motion, Bartley, Reed and
Thorpe voted yes; Bezdichek, Corbett, Kubal and McClemans voted no; MOTION FAILED.
OFF TABLE: A motion was made by Reed, seconded by McClemans, to remove the previous
motion as amended from the table. All present voted yes, except Bartley voted no, motion
carried to remove from the table.
Reed and Thorpe withdrew their proposed amendment.
AMENDMENT: A motion was made by Bartley, seconded by Bezdichek, to amend the motion
striking the Swiftel Center Expansion Plan from the 5 year capital improvement plan, but to
keep the project on strategic plan. On the amendment, Bartley, Bezdichek, Reed voted yes;
Corbett, Kubal, McClemans and Thorpe voted no; motion to amend FAILED.
On the ORIGINAL MOTION: “A motion was made by Kubal, seconded by Bezdichek, to
remove the Swiftel Center Expansion Plan from #3 of the Tier 1 priorities of the 2010 Strategic
Plan and to remove it from preliminary 5 year capital improvement plan.” Bezdichek, Corbett,
Kubal, McClemans and Thorpe voted yes; Reed and Bartley voted no; MOTION CARRIED.
Construction Delivery Method Discussion for the Joint City/County
Intergovernmental Project. A motion was made by Bezdichek, seconded by Corbett, to
select the design bid build delivery system for the Joint City/County Intergovernmental Project
and that the City and County hire an independent project coordinator and ask the County to
agree with this. On the motion, Bezdichek, Corbett, McClemans, Reed and Thorpe voted yes;
Bartley and Kubal voted no; MOTION CARRIED.
Brookings County Commission Chair Dennis Falken requested a joint meeting between the
City Council and County Commission to discuss this issue.
Deputy Mayor Appointment. A motion was made by Kubal, seconded by Reed, to appoint
Mike Bartley as Deputy Mayor for a term ending June 1, 2011. All present voted yes, Bartley
abstained, MOTION CARRIED.
BMU Financial Overview Presentation. Laura Julius, Brookings Municipal Utilities
representative, presented a current financial overview to the City Council and responded to
questions. No action was taken.
City Council Packet
June 22, 2010
19
Executive Session. A motion was made by Reed, seconded by Kubal, to enter Executive
Session at 9:21 p.m. for purposes of discussing marketing strategies and to review
communications from legal counsel, the BMU General Manager, City Manager, City Attorney
and City Clerk present. All present voted yes; motion carried. A motion was made by Thorpe,
seconded by McClemans, to exit Executive Session at 10:25 p.m. All present voted yes; motion
carried. No other action was taken.
Adjourn. A motion was made by Kubal, seconded by Thorpe, to adjourn. All present voted
yes; motion carried. Meeting adjourned at 10:26 p.m.
CITY OF BROOKINGS
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
City Council Packet
June 22, 2010
20
CONSENT AGENDA #4
C. Action on Resolution No. 64-10, awarding bid for EdgeBrook Golf
Course Irrigation Upgrade Project.
Bids were received on June 15th for irrigation upgrades to EdgeBrook Golf
Course. The project automates the old front nine irrigation from manual
quick-coupler sprinklers to an automated system with individual rotary
pop-up sprinklers on fairways, tees, and greens, connected to a new central
control station with a time clock. The central control will also operate the
existing automated system on the back (new) nine and the just completed
Executive/Junior Short Course. The net result is the entire golf course
irrigation system operated from the central control station at the golf
course shop. There will be great savings in labor and the benefits of
watering taking place during the night, maximizing water use efficiency and
ensuring better course conditions.
Based on 2009 cost estimates, the city budgeted $170,000. We anticipated
a bid of $150,000. There were two bidders; 1) $269,400 and 2) $120,000.
The high bid was from central Minnesota, with the low bid being from Dell
Rapids, and assume travel and lodging are a factor in the price differences,
though we are not certain. References have been checked and were
satisfactory. Our irrigation consultant on the project is from Sioux Falls
and was comfortable with the capabilities of the low bidder. Construction
will be mid to late summer, and may require up to 30 days to complete,
however, it is phased to closing only one fairway at a time for a couple of
days and will be a minimum disruption to play as a temporary green will be
designated to allow play to continue on both nines.
City staff recommends awarding the low bid to American Underground
Sprinkler, Inc. of Dell Rapids.
City Council Packet
June 22, 2010
21
Resolution No. 64-10
Resolution Awarding Bids on EdgeBrook Golf Course
Irrigation Upgrades
Whereas, the City of Brookings opened bids for EdgeBrook Gold Course Irrigation Upgrades
on Tuesday, June 15, 2010 at 1:30 pm at Brookings City Hall; and
Whereas, the City of Brookings has received the following bids for the EdgeBrook Irrigation
Project:
LUMP SUM BID American Underground Sprinklers, Inc., Dell Rapids, SD $120,000.00
LUMP SUM BID Duinick, Inc. of Prinsburg, MN $269,400.00
Now Therefore, Be It Resolved that the low bid of $120,000.00 from American Underground
Sprinkler, Inc. of Dell Rapids, SD be accepted.
Passed and approved this 22nd day of June 2010.
CITY OF BROOKINGS
________________________________
Tim Reed, Mayor
ATTEST:
_________________________
Shari Thornes, City Clerk
City Council Packet
June 22, 2010
22
CONSENT AGENDA #4
D. Action on Revised Resolution No. 63-10, a Resolution awarding
bids for the Airport Wildlife Fence Project, A.I.P. #3-46-0005-023-
2010.
On June 8, 2010, at 2:30, the City received the following bids for the
Airport Wildlife Fence Project, A.I.P. #3-46-0005-023-2010:
Shaun Jensen Construction, Inc., Brookings, SD $248,587.96
American Fence Company, Inc., Sioux Falls, SD $289,435.96
Michaels Fence and Supply, Sioux Falls, SD $310,912.68
Custom Fence Company, Logan, UT $338,934.05
The Brookings City Council awarded the project to Shaun Jensen
Construction in the amount of $248,587.96 pending receipt of Federal
Aviation Administration grant offer and applicable DBE participation or
“Good Faith Effort” documentation. However, after reviewing the
documentation submitted with the bid, it was determined that the low
bidder did not meet the intent of the project specifications with regards to
the “Minority Business Enterprise Provisions” and it did not include any
“Good Faith Effort” documentation. Therefore, the City of Brookings will
award the bid to the next lowest bidder, American Fence Company, Inc.,
Sioux Falls, SD, in the amount of $289,435.96. This bidder meets the
project specification with regards to the “Minority Business Enterprise
Provisions”.
The second lowest bid of $289,435.96 was approximately 23% lower than
the Engineer‟s Estimate (Helms & Associates) of $376,541.00.
The South Dakota Department of Transportation Office of Aeronautics has
indicated they will reimburse 3% of the project cost, and the FAA will
reimburse the typical 95% of the project cost, resulting in the City share of
2%. The SDDOT share was 2% in the past, and they have raised their
portion for several of their aviation projects. The City‟s portion of the
fence construction will be approximately $5,788.72. Revised Resolution
No. 63-10 will make the tentative award of AIP Project #3-46-0005-023-
2010 for the Airport Wildlife Fence Project to American Fence Company,
Inc., Sioux Falls, SD, in the amount of $289,435.96, pending receipt of
Federal Aviation Administration grant offer.
City Council Packet
June 22, 2010
23
Revised Resolution No. 63-10
Resolution Awarding Bids on Airport Wildlife Fence Project
Brookings Regional Airport
AIP# 3-46-0005-023-2010
Whereas, the City of Brookings held a bid letting on June 8, 2010; and
Whereas, the City of Brookings received the following bids for the Airport Wildlife Fence
Project AIP # 3-46-0005-023-2010:
Shaun Jensen Construction, Inc., Brookings, SD $248,587.96
American Fence Company, Inc., Sioux Falls, SD $289,435.96
Michaels Fence and Supply, Sioux Falls, SD $310,912.68
Custom Fence Company, Logan, UT $338,934.05
Whereas, the low bid of Shaun Jensen Construction, Inc., Brookings, SD in the amount of
$248,587.96 did not meet the intent of the project specifications with regards to the “Minority
Business Enterprise Provisions” and did not include “Good Faith Effort” documentation.
Now Therefore, Be It Resolved to make the tentative award of AIP Project #3-46-0005-023-
2010 for the Airport Wildlife Fence Project to American Fence Company, Inc., Sioux Falls, SD
in the amount of $289,435.96 pending receipt of Federal Aviation Administration grant offer.
Now, Therefore, Be It Resolved, that the Mayor is hereby authorized to sign all documents
related to a Grant Agreement for the Federal Aviation Administration Grant AIP Project No. 3-
46-0005-23-2010, upon receipt of the grant offer.
Passed and approved this 22nd day of June 2010.
CITY OF BROOKINGS
________________________________
Tim Reed, Mayor
ATTEST:
_________________________
Shari Thornes, City Clerk
City Council Packet
June 22, 2010
24
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.html
City Council Packet
June 22, 2010
25
Ordinance First Readings**
7. Ordinance No. 25-10: An Ordinance Amending Article V of
Chapter 82 of the Code of Ordinances of the City of Brookings
and Pertaining to Prohibited Backing by Semi Trucks with
Trailers.
Public Hearing: July 13th
** 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.
The City Engineering and Community Development Departments have
received site plans in the past for commercial and industrial construction
that locate loading dock doors close to a street. Even though the loading
dock location may meet the setback requirements, a semi tractor-trailer
driver would need to drive past the docking driveway, stop in the street,
and then back up the trailer onto the approach and proceed back to the
doors.
The City of Brookings does have an existing ordinance that refers to
“unsafe backing”, which is as follows:
Section 82-251. Unsafe backing. The driver of a vehicle shall not back the
vehicle unless such movement can be made with safety and without
interfering with other traffic or pedestrians.
However, after discussion with City Attorney Steve Britzman, he advised
that the current ordinance is a general “rule of the road” and does not give
specific guidance for land use regulatory purposes. Therefore, we are
proposing a new section in the Code of Ordinances, specifically related to
backing by semi trucks with a trailer. The proposed ordinance language
would require developers to design their site layout to provide ample room
on private property for all anticipated semi tractor-trailer maneuvers
without using the public right-of-way for backing.
City Council Packet
June 22, 2010
26
ORDINANCE NO. 25-10
An Ordinance Amending Article V of Chapter 82 of the Code of Ordinances of the
City of Brookings and Pertaining to Prohibited Backing by Semi Trucks with
Trailers.
Be It Ordained by the City of Brookings that Article V of Chapter 82 of the Code of
Ordinances of the City of Brookings be amended to read as follows:
I.
Article V. General Rules of Vehicle Operation
Division 1. Generally
Sec. 82-255. Prohibited Backing by Semi Trucks with Trailer.
A vehicle with a total length of more than 45 feet shall not use a street, alley or highway
for backing maneuvers to gain access to a site for any purpose, including but not limited to,
parking, loading and unloading.
II.
All ordinances in conflict herewith are hereby repealed.
First Reading: June 22, 2009
Second Reading & Adoption:
Published:
CITY OF BROOKINGS, SD
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
City Council Packet
June 22, 2010
27
Second Readings/Public Hearings
8. Public hearing and action on a Special Temporary On-Sale Malt
and Wine License for Downtown Brookings Inc. for an event
downtown on June 26th.
Downtown Brookings Inc. (DBI) has submitted an application for a Temporary
ON-SALE Malt Beverage and On-Sale Wine Retailers License for an event
downtown in conjunction with the Skinner‟s/ABATE “Ride Through” scheduled
in the 400 block of Main Avenue on Saturday, June 26th.
This is a special temporary license only available to a civic, charitable, educational
or fraternal organization. NOTE: There are several law changes on temporary
alcohol licenses effective on July 1st. The City Attorney has reviewed the
application and has determined the DBI organization is a qualifying entity.
35-4-11.4. Special malt beverage and on-sale wine retailers licenses for special event--
Period covered--Security for street dance. Any municipality or county may issue a
special malt beverage retailers license and a special retail on-sale wine retailer‟s license
to any civic, charitable, educational, or fraternal organization in conjunction with a
special event within the municipality or within the county. Educational does not include
any elementary, secondary, or higher educational institution in the public school system
of this state. Any license issued pursuant to this section may be issued for a period of
time established by the municipal governing body or board of county commissioners.
However, such period of time may not exceed fifteen consecutive days. If an
organization receiving a license pursuant to this section conducts a street dance in
conjunction with the special event, the organization shall provide qualified security
personnel as deemed necessary by the governing body which issued the license to
maintain order during the street dance.
Source: SL 1987, ch 261, § 37; SL 1991, ch 297; SL 1999, ch 185, § 1; SL 2008, ch 182,
§ 5.
Legal notice, a public hearing, and council action is required to issue this license.
A copy of the application is enclosed that provides a description of the event, live
music arrangements, location of the beer garden, security arrangements and
other amenities such as restrooms, barricades and trash receptacles. Pleas e
note that the organization has also requested a street closure in conjunction for
this event.
City Manager Introduction
ACTION: Open & Close Public Hearing, Motion to Approve, Roll Call
CITY MANAGER RECOMMENDATION: Approve
City Council Packet
June 22, 2010
34
Second Readings/Public Hearings
9. Public hearing and action on a Special Temporary On-Sale Wine
License for the SD Winegrowers Association on July 10 & 11 in
the parking lot of 302 6th Street West.
The SD Winegrowers Association has submitted an application for a Temporary
ON-SALE Wine Retailers License in order to offer samples of the wine on July
10-11 in the parking lot of 302 6th Street West. The SD Winegrowers
Association has rented a booth outside the Festival grounds and plans to sell
bottles of South Dakota wine, as well as offer samples of wine. Legal notice, a
public hearing and council action is required to issue this license. The City
Attorney and staff have reviewed this application and found everything in order.
State Law: 35-4-11.4. Any municipality or county may issue:
(1) A special malt beverage retailers license in conjunction with a special event within the municipality
or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed
pursuant to subdivision 35-4-2(4), (6), or (16) in addition to any other licenses held by the special events
license applicant;
(2) A special on-sale wine retailers license in conjunction with a special event within the municipality or
county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed
pursuant to subdivision 35-4-2(4), (6), or (12) or chapter 35-12 in addition to any other licenses held by
the special events license applicant;
(3) A special on-sale license in conjunction with a special event within the municipality or county to any
civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to
subdivision 35-4-2(4), (6), or (16) in addition to any other licenses held by the special events license
applicant; or
(4) A special off-sale package wine dealers license in conjunction with a special event within the
municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any
licensee licensed pursuant to subdivision 35-4-2(3), (5), (12), (17A), or (19) or chapter 35-12 in addition to
any other licenses held by the special events license applicant. A special off-sale package wine dealers
licensee may only sell wine manufactured by a farm winery that is licensed pursuant to chapter 35-12.
Any license issued pursuant to this section may be issued for a period of time established by the
municipality or county. However, no period of time may exceed fifteen consecutive days. The local
governing body may establish rules to regulate and restrict the operation of the special license.
Section 2. That chapter 35-4 be amended by adding thereto a NEW SECTION to read as follows:
Any license issued pursuant to section 1 of this Act shall be issued to the person and the location specified
on the application. Notwithstanding § 35-4-2, the governing body of the municipality or the board of
county commissioners, as appropriate, shall determine the fee for this license. Each application shall be
accompanied by the fee prior to consideration by the governing body of the municipality or the board of
county commissioners. The fee provided for in this section shall be retained by the governing body of the
municipality or the board of county commissioners issuing the license.
City Manager Introduction
ACTION: Open & Close Public Hearing, Motion to Approve, Roll Call
CITY MANAGER RECOMMENDATION: Approve
City Council Packet
June 22, 2010
37
Second Readings/Public Hearings
10. Public hearing and action on a Special Temporary Off-Sale SD
Farm Wine License for the Wine Growers Association on July 10
& 11 in the parking lot of 302 6th Street West.
The SD Winegrowers Association has submitted an application to sell off-sale
package wine on July 10-11 in the parking lot of 302 6th Street West. The SD
Winegrowers Association has rented a booth outside the Festival grounds and
plans to sell bottles of South Dakota wine. Legal notice, a public hearing, and
council action is required to issue this license. The City Attorney and staff have
reviewed this application and found everything in order.
State Law: 35-4-11.4. Any municipality or county may issue:
(1) A special malt beverage retailers license in conjunction with a special event within the municipality
or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed
pursuant to subdivision 35-4-2(4), (6), or (16) in addition to any other licenses held by the special events
license applicant;
(2) A special on-sale wine retailers license in conjunction with a special event within the municipality or
county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed
pursuant to subdivision 35-4-2(4), (6), or (12) or chapter 35-12 in addition to any other licenses held by
the special events license applicant;
(3) A special on-sale license in conjunction with a special event within the municipality or county to any
civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to
subdivision 35-4-2(4), (6), or (16) in addition to any other licenses held by the special events license
applicant; or
(4) A special off-sale package wine dealers license in conjunction with a special event within the
municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any
licensee licensed pursuant to subdivision 35-4-2(3), (5), (12), (17A), or (19) or chapter 35-12 in addition to
any other licenses held by the special events license applicant. A special off-sale package wine dealers
licensee may only sell wine manufactured by a farm winery that is licensed pursuant to chapter 35-12.
Any license issued pursuant to this section may be issued for a period of time established by the
municipality or county. However, no period of time may exceed fifteen consecutive days. The local
governing body may establish rules to regulate and restrict the operation of the special license.
Section 2. That chapter 35-4 be amended by adding thereto a NEW SECTION to read as follows:
Any license issued pursuant to section 1 of this Act shall be issued to the person and the location specified
on the application. Notwithstanding § 35-4-2, the governing body of the municipality or the board of
county commissioners, as appropriate, shall determine the fee for this license. Each application shall be
accompanied by the fee prior to consideration by the governing body of the municipality or the board of
county commissioners. The fee provided for in this section shall be retained by the governing body of the
municipality or the board of county commissioners issuing the license.
City Manager Introduction
ACTION: Open & Close Public Hearing, Motion to Approve, Roll Call
CITY MANAGER RECOMMENDATION: Approve
City Council Packet
June 22, 2010
40
Second Readings/Public Hearings
11. Public hearing and action on a Special Temporary On-Sale Malt
and Wine License for Ray’s Corner for the “South Dakota Honor
Flight” fundraiser event downtown on July 16th.
Ray‟s Corner has submitted an application for a Temporary ON-SALE Malt
Beverage and On-Sale Wine Retailers License for the first Annual Ray‟s Corner
Summer Celebration and Fundraiser for “Honor Flight South Dakota” scheduled
in the 400 block of Main Avenue on Friday, July 16th. A copy of the application
is enclosed. A public hearing and council action is required to issue a temporary
alcohol license. City staff and the City Attorney have reviewed the application
and found everything in order.
State Law: 35-4-11.4. Any municipality or county may issue:
(1) A special malt beverage retailers license in conjunction with a special event within the municipality
or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed
pursuant to subdivision 35-4-2(4), (6), or (16) in addition to any other licenses held by the special events
license applicant;
(2) A special on-sale wine retailers license in conjunction with a special event within the municipality or
county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed
pursuant to subdivision 35-4-2(4), (6), or (12) or chapter 35-12 in addition to any other licenses held by
the special events license applicant;
(3) A special on-sale license in conjunction with a special event within the municipality or county to any
civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to
subdivision 35-4-2(4), (6), or (16) in addition to any other licenses held by the special events license
applicant; or
(4) A special off-sale package wine dealers license in conjunction with a special event within the
municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any
licensee licensed pursuant to subdivision 35-4-2(3), (5), (12), (17A), or (19) or chapter 35-12 in addition to
any other licenses held by the special events license applicant. A special off-sale package wine dealers
licensee may only sell wine manufactured by a farm winery that is licensed pursuant to chapter 35-12.
Any license issued pursuant to this section may be issued for a period of time established by the
municipality or county. However, no period of time may exceed fifteen consecutive days. The local
governing body may establish rules to regulate and restrict the operation of the special license.
Section 2. That chapter 35-4 be amended by adding thereto a NEW SECTION to read as follows:
Any license issued pursuant to section 1 of this Act shall be issued to the person and the location specified
on the application. Notwithstanding § 35-4-2, the governing body of the municipality or the board of
county commissioners, as appropriate, shall determine the fee for this license. Each application shall be
accompanied by the fee prior to consideration by the governing body of the municipality or the board of
county commissioners. The fee provided for in this section shall be retained by the governing body of the
municipality or the board of county commissioners issuing the license.
City Manager Introduction
ACTION: Open & Close Public Hearing, Motion to Approve, Roll Call
CITY MANAGER RECOMMENDATION: Approve
City Council Packet
June 22, 2010
44
Second Readings/Public Hearings
12. Public hearing and action on a Special Temporary On-Sale Malt
and Wine License for Downtown Brookings Inc. “Taste of
Brookings” event downtown on July 31st.
Downtown Brookings Inc. (DBI) has submitted an application for a Temporary
ON-SALE Malt Beverage and On-Sale Wine Retailers License for their “Taste of
Brookings” event scheduled in the 400 block of Main Avenue on Saturday, July
31st. A copy of the application is enclosed. A public hearing and council action is
required to issue a temporary alcohol license. City staff and the City Attorney
have reviewed the application and found everything in order.
State Law: 35-4-11.4. Any municipality or county may issue:
(1) A special malt beverage retailers license in conjunction with a special event within the municipality
or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed
pursuant to subdivision 35-4-2(4), (6), or (16) in addition to any other licenses held by the special events
license applicant;
(2) A special on-sale wine retailers license in conjunction with a special event within the municipality or
county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed
pursuant to subdivision 35-4-2(4), (6), or (12) or chapter 35-12 in addition to any other licenses held by
the special events license applicant;
(3) A special on-sale license in conjunction with a special event within the municipality or county to any
civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to
subdivision 35-4-2(4), (6), or (16) in addition to any other licenses held by the special events license
applicant; or
(4) A special off-sale package wine dealers license in conjunction with a special event within the
municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any
licensee licensed pursuant to subdivision 35-4-2(3), (5), (12), (17A), or (19) or chapter 35-12 in addition to
any other licenses held by the special events license applicant. A special off-sale package wine dealers
licensee may only sell wine manufactured by a farm winery that is licensed pursuant to chapter 35-12.
Any license issued pursuant to this section may be issued for a period of time established by the
municipality or county. However, no period of time may exceed fifteen consecutive days. The local
governing body may establish rules to regulate and restrict the operation of the special license.
Section 2. That chapter 35-4 be amended by adding thereto a NEW SECTION to read as follows:
Any license issued pursuant to section 1 of this Act shall be issued to the person and the location specified
on the application. Notwithstanding § 35-4-2, the governing body of the municipality or the board of
county commissioners, as appropriate, shall determine the fee for this license. Each application shall be
accompanied by the fee prior to consideration by the governing body of the municipality or the board of
county commissioners. The fee provided for in this section shall be retained by the governing body of the
municipality or the board of county commissioners issuing the license.
City Manager Introduction
ACTION: Open & Close Public Hearing, Motion to Approve, Roll Call
CITY MANAGER RECOMMENDATION: Approve
City Council Packet
June 22, 2010
50
Second Readings/Public Hearings
13. Public hearing and action on a renewal request for an On/Off Malt
License for Sundried Tomato, 417 Main Avenue, Zach Halstead,
Owner.
A public hearing and action by the governing body is required to renew
Malt Beverage Licenses on an annual basis. The enclosed legal notice was
published listing the application. Licenses are effective from July 1 st to June
30th. The license fees are $200 for Off-Sale and $300 for On-Off Sale.
Once approved, the application will be forwarded to the State Department
of Revenue for final action and issuance of the license.
City Ordinances:
The following is the City Code of Ordinances pertaining to Application Review
Procedure.
The City Council shall review all applications submitted to the City for available On-Sale
Alcoholic Beverage Agreements and for On-Sale Malt Beverage and Wine Licenses in
accordance with SDCL 35-2 and in accordance with the following factors:
(a) Type of business which applicant proposes to operate:
On-Sale Alcoholic Beverage Operating Agreements and On-Sale Malt
Beverage and Wine Licenses may not be issued to convenience grocery
stores, gas stations, or other stores where groceries or gasoline are sold
unless it can be established that minors do not regularly frequent the
establishment.
(b) The manner in which the business is operated:
On-Sale Alcoholic Beverage Operating Agreements and On-Sale Malt
Beverage and Wine Licenses may not 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
City Council Packet
June 22, 2010
51
State Law 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.”
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
City Council Packet
June 22, 2010
52
NOTICE OF PUBLIC HEARING ON APPLICATION
FOR SALE OF ALCOHOLIC BEVERAGE FOR 2010-2011
NOTICE IS HEREBY GIVEN that the City Council in and for the City of Brookings, South
Dakota, on June 22, 2010, at the hour of 6:00 P.M. in the Council Chambers, City Hall, in said
City of Brookings, will meet in regular session to consider the following application for an
alcoholic beverage license to operate within the City of Brookings, South Dakota, for the 2010-
2011 licensing period, which have been presented to the governing body and filed in the City
Clerk‟s Office. On-Off Sale Malt: Sun Dried Tomato, 417 Main Ave. NOTICE IS FURTHER
GIVEN that any person, persons of the attorney, may appear and be heard at said scheduled
public hearing who are interested in the approval or rejection of any such application.
Dated at Brookings, South Dakota, this 11th day of June 2010.
Shari Thornes, City Clerk
City Council Packet
June 22, 2010
53
Second Readings/Public Hearings
14. Public Hearing and action on Resolution No. 65-10, a Resolution
Determining the Necessity of Repairing or Installing Sidewalks in
the City of Brookings at the Expense of Abutting Property
Owners, 2010-01SWR Sidewalk Repair Project
This project entails construction of miscellaneous concrete work in the 2010 sidewalk
area, including property owner sidewalks that need repair or have trip hazards. The
2010 project area is located between Orchard Drive and 8th Street South, and east of
Medary Avenue. This project has been bid, with Owens Enterprises, Inc., as the
contractor. This resolution is the first step in starting the assessment project for the
sidewalk repairs.
The property owners each received a notice of the sidewalk repair this winter and were
given the option of repairing their sidewalk with their own contractor by June 1, 2010,
or to be added to the City repair project. The attached list of property owners
includes properties where the sidewalks were not replaced by the deadline as well as
those who volunteered to be on the City project.
The contract prices for the project, including the 6% engineering and administration fee
are:
Remove 4” thick Sidewalk: $1.86/Sq.Ft.
Install 4” thick Sidewalk: $3.71 Sq.Ft.
Adjust Curb Stop (if needed): $106.00/Ea.
Included in the packet is a letter from Bill Murrin, who is the property owner of 1521
Calumet Road. Mr. Murrin‟s letter describes his viewpoint where the requirement for
the property owner to repair the sidewalk is viewed as a taking and is prohibited
without just compensation. Jackie Lanning, City Engineer, responded with a letter to
Mr. Murrin with information from Steve Britzman, City Attorney, describing that the
City is following South Dakota State Law with regards to assessments which has been
upheld by court cases. Mr. Murrin has not contacted Ms. Lanning since the letter and he
will be provided an opportunity to voice his concerns to the City Council during the
public hearing for this agenda item.
Approval of this resolution will authorize the City to proceed with the sidewalk
assessment project.
City Manager Introduction
ACTION: Open & Close Public Hearing, Motion to Approve, Roll Call
CITY MANAGER RECOMMENDATION: Approve
City Council Packet
June 22, 2010
54
Resolution No. 65-10
Resolution Determining the Necessity of Repairing or Installing Sidewalks in the
City of Brookings at the Expense of Abutting Property Owners
2010-01SWR Sidewalk Repair Project
Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows:
1. It is hereby determined that sidewalk repairs or installation is necessary abutting the
parcels and lots of land in the City described in the Notice to Property Owners
attached to this Resolution and marked as 2010-01SWR Sidewalk Repair Project.
2. Such sidewalks shall be to the width and of the materials prescribed by Section 605
“Sidewalks” and Section 701.3-16 of Ordinance No. 532 entitled “An Ordinance
Providing Rules, Regulations and Standards to Guide Land Sub-division in the City of
Brookings and Within Three Miles of the City Limits Thereof” and to the grade and
in accordance with the Plans and Specifications prepared in the office of the City
Engineer.
3. The City Clerk has caused a copy of the Resolution and a Notice to Property
Owners to be mailed to each property owner by certified mail.
Passed and approved this 22nd day of June 2010.
CITY OF BROOKINGS, SD
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
Letter sent 6/7/10
101 Jefferson Avenue South Robert Ritter 101 Jefferson Avenue South Brookings, SD 57006
105 W 8th Street South Pioneer Enterprises, Inc.300 N Chapel Hill Road Sioux Falls, SD 57103
117 Jefferson Avenue South Robert Oines 117 Jefferson Avenue South Brookings, SD 57006
120 2nd Street South Michael McClemans P.O. Box 3 Brookings, SD 57006
325 Medary Avenue South Conroy & Anne Rath 325 Medary Avenue South Brookings, SD 57006
415 Elm Avenue Paul & Kathie Tuntland 415 Elm Avenue Brookings, SD 57006
508 Heritage Drive Paul Moriarty P.O. Box 705 Brookings, SD 57006
518 17th Avenue South David Healy 518 17th Avenue South Brookings, SD 57006
625 Elm Avenue Jared Cantalope 625 Elm Avenue Unit A Brookings, SD 57006
627 Park Avenue Leslie & Cherry Tuma 627 Park Avenue Brookings, SD 57006
627/629 Heritage Drive Richard & Alice Adee P.O. Box 368 Bruce, SD 57220
655 Park Avenue Doug & Cynthia Dell 655 Park Avenue Brookings, SD 57006
676 Park Avenue Guy & Laura Bender 676 Park Avenue Brookings, SD 57006
1004 11th Street South Jeffrey & Jessica Biehn 1004 11th Street South Brookings, SD 57006
1023 Forest Street Arden & Yoshiko Telgren 1023 Forest Street Brookings, SD 57006
1030 17th Avenue South Tara Wieneke 1030 17th Avenue South Brookings, SD 57006
1037 Hammond Avenue Allan & Laura Shumaker 1037 Hammond Avenue Brookings, SD 57006
1040/1042 Castlewood Drive TB Partnership LLC 611 6th Street Brookings, SD 57006
1116 17th Avenue South Shannon Wade 1116 17th Avenue South Brookings, SD 57006
1148 Yorktown Drive Robert Dinsmore 1148 Yorktown Drive Brookings, SD 57006
1204 Christine Avenue Larry & Diane Anderson 1204 Christine Avenue Brookings, SD 57006
1223 Windsor Drive Brian Kuhns 1223 Windsor Drive Brookings, SD 57006
1226 Camelot Drive Joseph & Ashley Arthur 1226 Camelot Drive Brookings, SD 57006
1304 Orchard Drive Keary & Ashley Johnson 1304 Orchard Drive Brookings, SD 57006
1310 12th Street South Theresa & Jessica Frederick 1310 12th Street South Brookings, SD 57006
1311 Orchard Drive Jesse & Erin Ulvestad 1311 Orchard Drive Brookings, SD 57006
1334 Orchard Drive Stephen & Carrie Vanburen 1334 Orchard Drive Brookings, SD 57006
1334 Parkway Boulevard Chunyang & Li Wang 1334 Parkway Boulevard Brookings, SD 57006
1335 5th Street South Carl & Carol Glander 1335 5th Street South Brookings, SD 57006
1404 Yosemite Lane Lynn & Mary Frederick 1404 Yosemite Lane Brookings, SD 57006
1405 5th Street South Donald Urquhart 1405 5th Street South Brookings, SD 57006
1501 King Arthur Court Howard & Barbara Goodfellow 1706 Calumet Road Brookings, SD 57006
1502 King Arthur Court Larry & Jan Fjeldos 677 Park Avenue Brookings, SD 57006
1508 12th Street South Robert Bosworth 1508 12th Street South Brookings, SD 57006
1508 King Arthur Court Robert & Nancy Texley 1508 King Arthur Court Brookings, SD 57006
1521 Calumet Road William & Kathleen Murrin 1521 Calumet Road Brookings, SD 57006
1617 Orchard Drive Eidsness Funeral Home, Inc.1617 Orchard Drive Brookings, SD 57006
1728 Orchard Drive Lewis & Betty Shelsta 1728 Orchard Drive Brookings, SD 57006
1742 Orchard Drive Robert & Shirley Thorson 1742 Orchard Drive Brookings, SD 57006
1800 20th Street South Bradley & Valerie McManus 1800 20th Street South Brookings, SD 57006
1809 Orchard Drive Adam & Samantha Weikers 1809 Orchard Drive Brookings, SD 57006
1810 17th Avenue South Beverly Klein 1810 17th Avenue South Brookings, SD 57006
1900 17th Avenue South Weiping Zhang 1900 17th Avenue South Brookings, SD 57006
1904 Orchard Drive Alan & Jennifer Hess 1904 Orchard Drive Brookings, SD 57006
1913 Orchard Drive Tomis & Kathleen Schmidt 1913 Orchard Drive Brookings, SD 57006
1918 Victory Street Daniel & Beverly Neiles 1918 Victory Street Brookings, SD 57006
1928 17th Avenue South Martin Hesby 1928 17th Avenue South Brookings, SD 57006
1929 Victory Street Anne Westbrook 1929 Victory Street Brookings, SD 57006
1930 Orchard Drive Todd Smetana 1930 Orchard Drive Brookings, SD 57006
1933 Orchard Drive Tracy Zmuda 1933 Orchard Drive Brookings, SD 57006
1945 Orchard Drive Steven Top 1945 Orchard Drive Brookings, SD 57006
2001 Orchard Drive Arden & Lavonne Sigl 2001 Orchard Drive Brookings, SD 57006
Mailing Address
2010-01SWA
Sidewalk Replacement Sites Last Updated: 6/14/10
Certified Letter List
Receipt
Received Property Address Property Owner
City Council Packet
June 22, 2010
59
OTHER BUSINESS
15. Discussion and possible action on the construction delivery
method for the Joint City/County Intergovernmental Project.
June 16, 2010
TO: Mayor and City Council Members
FROM: City Manager Jeff Weldon
RE: Discussion and possible action on construction delivery
method for the joint City/County Administration Building
Pursuant to the special, joint meeting held June 15th with the City Council
and County Board, the Joint Powers Board met on June 16th to consider
the direction it was given by the joint governing boards.
After considerable discussion, there was no replacement or alternative
motion made to change the original recommendation from the Joint
Powers Board to the County Board and City Council. As such, the
recommendation of the Joint Powers Board remains to hire the Bossardt
Corporation under the Construction Management-Agency contract as
originally proposed.
City Council Packet
June 22, 2010
60
16. Adjourn