HomeMy WebLinkAbout2010_10_12 CC PKT
Brookings City Council
Tuesday, October 12, 2010
City Hall Council Chambers
311 Third Avenue
5:00 p.m. – Work Session
6:00 p.m. – Regular Meeting
Mission Statement:
The City of Brookings is committed to providing a high quality of life for its citizens and fostering a
diverse economic base through innovative thinking, strategic planning, and proactive, fiscally responsible
municipal management.
5:00 PM WORK SESSION
Work sessions are open to the public. During the work session the city staff would brief the council on
items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
1. Review of a draft ordinance regulating private wind turbines.
2. Review of recommended amendments to current Street Development Policy.
3. Review of draft ordinances pertaining to Temporary Alcohol Licenses and Memorial Day
Alcohol Sales.
4. City Council Member Ex-Officio Reports.
5. Joint Powers Board members’ Report.
6. City Council member introduction of topics for future discussion.*
7. 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 PM REGULAR MEETING
1. Call to order.
2. Pledge of Allegiance.
3. Record of Council Attendance.
4. Action to approve the following Consent Agenda Items: *
A. Action to approve the agenda.
B. Action to approve the minutes.
C. Action on Resolution No. 89-10, repealing the following City Council Policies:
Citizen Satisfaction Survey Policy, Discussion on Action Items Required Prior to Council
Action Policy, Swiftel Center Policy, and Insurance Policy.
D. Action on Resolution No. 90-10, amending the Council Vacancy Policy.
E. Action on Resolution No. 91-10, establishing a Streetlight Policy.
F. Action on Resolution No. 92-10, declaring Surplus Property Engine #4: 1995
Spartan Pumper Firestar 2000.
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G. Action on Resolution No. 85-10, authorizing the Mayor to sign an FAA Agreement
regarding Fuel Tax Funds. Authorizing the Mayor to Sign an Agreement for Federal
Aviation Administration Project (Fuel Tax Funds).
H. Action to Abate the 2008 Drainage Fee for Parcel No. 40160-00200-008-00, the
West 25’ of the South 105’ of Lot 8, Block 2, First Addition, location of the former
law office building on the northeast corner of 3rd Street and 5th Avenue.
*Matters appearing on the Consent Agenda are expected to be non-controversial and will be acted upon by the Council at
one time, without discussion, unless a member of the Council or City Manager requests an opportunity to address any given
item. Items removed from the Consent Agenda will be discussed at the beginning of the formal items. Approval by the
Council of the Consent Agenda items means that the recommendation of the City Manager is approved along with the terms
and conditions described in the agenda supporting documentation.
Open Forum
5. Transportation Study Open House Announcement.
6. Airport Environmental Assessment Open House & Public Hearing Announcement.
7. Open Forum.
8. SDSU Student Senate Report.
Informational
Contract Awards / Change Orders
9. Action to approve Resolution No. 93-10, a Resolution Authorizing Change Order No. 1
(CCO#1) and final payment for Lighting Efficiency Project, P3 Electric.
Action: Motion to Approve, Request Public Comment, Roll Call
Second Readings / Public Hearings
10. Ordinance No. 30-10: An Ordinance to Rezone the North 720 feet of the South 1,320
feet of the West 313 feet of the SW ¼ of the NE ¼ of Section 1-T109N-R50W from an
Agricultural A District to a Residence R-1B district (17th Ave. So. and 24th St. So.).
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Other Business
11. Purchase / Installation of Remote Marquee Sign for the Swiftel Center.
Action: Motion to Approve, Request Public Comment, Roll Call
12. Adjourn.
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
October 12, 2010
5:00 P.M. WORK SESSION
** Work sessions are open to the public. During the work session the city staff would brief the council
on items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
1. Review of a draft ordinance regulating private wind turbines.
Small and Large Wind Energy Conversion Systems (WECS), as a land use, have been
discussed at various times over the last three years by staff, citizens and the Planning
Commission. Numerous municipalities and counties throughout the country have
adopted ordinances regulating WECS. The regulations vary substantially from one
jurisdiction to another and there are many issues relating to WECS. These issues are
still being debated, and in some instances new issues/concerns are being discovered.
A draft ordinance was written earlier this year and reviewed by the Planning
Commission in April. The ordinance was only a discussion item at that time and no
further discussion has taken place. This draft is attached for your review. Staff will be
present to provide an update and answer questions.
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DRAFT – WIND ENERGY CONVERSION SYSTEMS
Prepared by Dan Hanson
Proposed districts
Sec. 94-136. Industrial I-1 Light District
(e) Conditional Uses
5. SWECS
Sec. 94-162. Industrial I-2 Heavy District
(e) Conditional Uses
18. SWECS
Article V. Conditional Uses
Division 3. Standards
Sec. 94-307 Wind Energy Conversion System, Small:
Small wind energy conversion systems shall comply with Section 94-367
WIND ENERGY CONVERSION SYSTEM (WECS)
Section 94-367 Small Wind Energy Conversion System (SWECS)
The purpose of this section is to permit the use of SWECS, as an accessory use only, in certain
districts by establishing regulations pertaining to their location, construction and operation
while protecting the public’s health, safety and welfare and maintaining the aesthetic integrity of
the community. Any WECS that exceeds the parameters defined for a SWECS is prohibited
within the City of Brookings
Definitions:
Rotor Diameter – The diameter of the circle described by the moving rotor blades
Shadow Flicker – A pulsating or intermittent light effect created when sunlight is interrupted at
regular intervals by the spinning rotor blades of a wind turbine
SWECS – A structure or device consisting of a wind turbine, tower, base and associated
controls or electronics. A SWECS is characterized by having a total height of 125 feet or less, a
swept area of 2,000 square feet or less and a peak performance of 100 Kw or less.
SWECS Tower Height – The height of the tower, exclusive of the rotor blades
SWECS Height, Total – The distance measured from the tower base at grade level to a blade
tip positioned at its highest point
Swept Area – The area, in square feet, of the circle created by the moving rotor blades
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Wind Turbine – A machine consisting of a generator, blades and tail that converts wind energy
into kinetic energy for mechanical or electrical use.
A. Conditional Use Permit required. An application for a conditional use permit to erect a
SWECS shall be accompanied by a site plan, drawn to scale, showing the following information:
1. The legal description of the property
2. The scale of the plan and north arrow
3. The proposed location of the SWECS tower from all property lines and any
overhead utility lines.
4. The design and total height of the SWECS depicted as an elevation view
5. The location, height, and use of all existing buildings on the site and on abutting
parcels that are closer than 4 times the total SWECS height.
6. The location of all rights-of-way
B. Permit Required. An application for a building permit is required prior to the
construction of any SWECS. The following data shall be required before a permit is issued:
1. Compliance with applicable local, state and federal building, electric and safety codes.
2. The manufacturer’s assurance that, once the SWECS is operational, it will not
produce electromagnetic interference that would disrupt transmissions from radio,
television or microwave towers.
3. The manufacturer’s statement stating that the system has been successfully and
safely operated in atmospheric conditions similar to those in the City of Brookings
C. Design Characteristics. The following design characteristics shall be part of any SWECS
installed in the City of Brookings.
1. Towers shall be a monopole design only
2. The SWECS shall be off-white, light gray, or other similar neutral color and shall be
non-reflective
3. No lighting shall be permitted except when required by a more restrictive regulation
4. The lowest point of any rotor tip shall not be less than 30 feet above the ground or
less than 30 feet from any structure or tree.
5. Electrical controls, control wiring, and power lines shall be wireless or underground
6. Towers shall not have any climbing apparatus within 12 feet of the ground except
when a 6 foot high fence with a locking gate is installed around the perimeter of the
tower base.
7. SWECS shall have a mechanical braking system that serves as a shutdown
mechanism
8. SWECS shall have a turbine governing system that includes blade pitching, tilting or
furling.
9. SWECS shall not produce audible sound levels in excess of 60 dBA when measured
at the property line of any property that contains an occupied building
10. SWECS shall have appropriate lightning protection for discharging electric energy to
the ground
D. Additional Requirements
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1. Signs are prohibited on any portion of a SWECs except for warning information
related to the maximum power output, nominal voltage and maximum current, and
emergency shutdown procedures.
2. The commercial sale of power is prohibited. However, power may be transmitted
to an electric grid of an electric utility company through an approved interconnection
3. Any SWECS found to be unsafe by the City shall be repaired by the landowner to
meet all federal, state and local safety standards or removed within six (6) months. If
any SWECS is not operational for a period of twelve (12) consecutive months or more,
the city shall request, by certified mail, a response within 45 days from the landowner
stating the reasons for the operational difficulty and a reasonable timetable for
corrective action. If the City deems the timetable unreasonable, the landowner will be
notified that the SWECS shall be removed at the expense of the landowner within 120
days of receipt of the notice.
4. A shadow flicker model shall be submitted demonstrating that shadow flicker will
not fall on or in any adjacent occupied building or right-of-way.
E. Setbacks
1. A minimum setback of 1.5 times the total SWECS height shall be maintained
between the SWECS and any structure intended for human occupation.
2. A minimum setback of 1.1 times the total SWECS height shall be maintained
between the SWECS and any property line, overhead utility line or pole or other tower
structure.
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City Council Packet
October 12, 2010
5:00 P.M. WORK SESSION
** Work sessions are open to the public. During the work session the city staff would brief the council
on items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
2. Review of recommended amendments to current Street
Development Policy.
Prior to 2003, each developer/owner paid for City streets at the cost of a residential
street, including collector and arterial streets. The City paid for the “extra width and
thickness” as stated in Resolution No. 97-99.
In 2003, the Brookings City Council adopted Resolution No. 01-03, which included the
“extra width and thickness” policy from Resolution No. 97-99, along with a new policy
for arterial streets. The resolution stipulates the City will pay for all street construction
costs for arterial streets. The policy also states that “utilities such as water and sewer
are included under this policy when they are determined by the City to be necessary for
the construction of the street”.
Discussion Items:
There appears to be contradicting sentences in Resolution No. 01-03. The third
paragraph of the resolution describes that “it is the policy of the Brookings City Council
to assume and pay from the funds of the City all street construction costs…”.
Following that paragraph is the sentence: “No owner of property abutting an arterial
street will be assessed for street improvements if the property owner donates all
necessary right-of-way and easements”. This sentence seems to contradict the
preceding language. It appears that the intent of the policy was that abutting property
owners would not be assessed for street improvement costs provided they dedicate the
necessary right-of-way and easements. The proposed revised resolution was modified
to clarify the contradicting statements. In addition, the sentences referring to access are
not necessary, since access is already controlled by the zoning ordinance and platting
process.
The sentence “utilities such as water and sewer are included under this policy when
they are determined by the City to be necessary for the construction of the street” is
problematic for future arterial street projects that require water and sewer mains. The
City should maintain the option to assess the cost of water and sewer mains to abutting
properties to assist in cost recovery for the improvement.
City Manager Recommendation: The proposed resolution clarifies the assessment issue for the
properties abutting arterial streets and removes the statements regarding access since access is
controlled by the zoning ordinance and platting process. The City also needs to maintain the option of
assessing the cost of water and sewer mains to the properties abutting arterial streets. The City is
assisting in development by providing the utility mains and the City also has carrying costs until the
assessments are paid. I recommend adopting the proposed changes to the Policy on Arterial and
Collector Streets.
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Draft Resolution -10 (MARKED)
Resolution Setting Policy on City Participation on
Construction of Arterial and Collector Streets
Whereas, the City of Brookings has determined that there is a need for a policy pertaining to
collector and arterial streets in the City, and
Whereas, a functional classification map referred to as the Major Street Plan for Brookings,
South Dakota is regularly updated and adopted by the City Council upon recommendation of
the Planning Commission.
Now, Therefore, Be It Resolved, For Arterial Streets, that upon donation of all necessary land
for rights-of-way and easements as determined by the City Engineer, that it is the policy of the
City of Brookings will City Council to assume and pay from the funds of the City all street
construction costs including grading, graveling, curb and gutter, storm sewer, sidewalk and
paving for streets designated as major or minor arterial on the Major Street Plan filed with the
Brookings County Register of Deeds. Abutting property owners ties that have not donated all
necessary right-of-way and easements as determined by the City Engineer will be subject to an
assessment cost equal to a typical local street. Direct access to the property will be from
collector streets intersecting the arterial. Any access to the arterial must be reviewed by the
Planning Commission and approved by the City Engineer. Utilities such as water and sewer are
included under this policy when they are determined by the City to be necessary for the
construction of the street.
No owner of property abutting an arterial street will be assessed for street improvements if
the property owner donates all necessary right-of-way and easements. Direct access to the
property will be from collector streets intersecting the arterial. Any access to the arterial must
be reviewed by the Planning Commission and approved by the City Engineer.
And Be It Further Resolved, for Collector Streets, that it is the policy of the Brookings City
Council to assume and pay from the funds of the City for any extra thickness required on
collector streets as designated on the Major Street Plan, filed with the Brookings County
Register of Deeds, in excess of that described for minor local streets and for the extra width in
excess of 31 feet measured from back of curb to back of curb. Said payment shall be computed
by the City Engineer based on current bids received by the City for similar work and shall be
presented for payment when said streets are complete and accepted by the City.
This resolution rescinds Resolution No. 97-99 dated November 8, 1999 and Resolution No.
01-03 dated February 11, 2003.
Passed and approved this 26th day of October 2010.
CITY OF BROOKINGS
____________________________
ATTEST: Tim Reed, Mayor
________________________
Shari Thornes, City Clerk
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Draft Resolution -10 (CLEAN)
Resolution Setting Policy on City Participation on
Construction of Arterial and Collector Streets
Whereas, the City of Brookings has determined that there is a need for a policy pertaining to
collector and arterial streets in the City, and
Whereas, a functional classification map referred to as the Major Street Plan for Brookings,
South Dakota is regularly updated and adopted by the City Council upon recommendation of
the Planning Commission.
Now, Therefore, Be It Resolved, for Arterial Streets, that upon donation of all necessary land
for rights-of-way and easements as determined by the City Engineer, that the City of Brookings
will assume and pay from the funds of the City all street construction costs including grading,
graveling, curb and gutter, storm sewer, sidewalk and paving for streets designated as major or
minor arterial on the Major Street Plan filed with the Brookings County Register of Deeds.
Abutting property owners that have not donated all necessary right-of-way and easements as
determined by the City Engineer will be subject to an assessment equal to the cost of a typical
local street.
And Be It Further Resolved, for Collector Streets, that it is the policy of the Brookings City
Council to assume and pay from the funds of the City for any extra thickness required on
collector streets as designated on the Major Street Plan, filed with the Brookings County
Register of Deeds, in excess of that described for local streets and for the extra width in excess
of 31 feet measured from back of curb to back of curb. Said payment shall be computed by the
City Engineer based on current bids received by the City for similar work and shall be
presented for payment when said streets are complete and accepted by the City.
This resolution rescinds Resolution No. 97-99 dated November 8, 1999 and Resolution No.
01-03 dated February 11, 2003.
Passed and approved this 26th day of October 2010.
CITY OF BROOKINGS
____________________________
ATTEST: Tim Reed, Mayor
________________________
Shari Thornes, City Clerk
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City Council Packet
October 12, 2010
5:00 P.M. WORK SESSION
** Work sessions are open to the public. During the work session the city staff would brief the council
on items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
3. Review of draft ordinances pertaining to Temporary Alcohol
Licenses and Memorial Day Alcohol Sales.
DATE: October 6, 2010
TO: Mayor & Council Members, Jeff Weldon, City Manager, Shari Thornes, City
Clerk
FROM: Steven J. Britzman, City Attorney
RE: Comments concerning 2 proposed alcoholic beverage ordinance changes
The South Dakota legislature made several changes to the alcoholic beverage laws which
have a bearing on our ordinances.
1. The first is a liberalization of sales of alcoholic beverages on Sundays and on
Memorial Day. Under prior State Law, liquor could not be sold on Sundays unless the
municipality permitted it and the liquor was sold by licensees with facilities for the
serving of prepared meals. In 2009, the requirement that the liquor be sold on Sunday
by those capable of serving prepared meals was eliminated by the legislature. Now, in
2010, the legislature has again revised the ‘times when sales of all types of alcoholic
beverages can be sold’, and with regard to Sundays and Memorial Day, revised the
statute as follows:
“However, any municipality or county may, by ordinance, allow the sale, service,
and consumption of alcoholic beverages on Sundays and Memorial Day.”
The most significant change now permits sales of all types of alcoholic beverages on
Memorial Day, provided such sales are permitted by ordinance of the City.
Under previous State Law, only malt beverages could be sold on Memorial Day. Under
current State Law, wine, both on-sale and off-sale, and off-sale farm wine are permitted
to be sold on Sunday without any requirement that the municipality approve. The City
now has the discretion to permit holders of operating agreements to sell liquor on
Memorial Day, but an ordinance change is needed to authorize such sales. A copy of a
proposed Ordinance permitting such sales is provided with this memo.
2. The second significant change is a complete revision of the temporary licensing
procedure for special events. A copy of that State Statute is set forth below. The
previous State Law permitted a temporary on-sale license to be operated at a
‘convention hall’, and we have had an ordinance in effect for over 20 years establishing
convention hall procedures to avail the city of that licensing procedure. We can now
rely on the new State Statute procedure, which does not limit the location to a
convention hall. We can therefore repeal our convention hall ordinance, and the
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ordinance repealing the convention hall temporary licensing procedure also accompanies
this memo.
The new State Law providing for temporary ‘special’ alcoholic beverage licenses for
special events provides as follows:
35-4-124. Special alcoholic beverage licenses issued in conjunction with
special events.
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, education, 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.
The ordinance proposed for repeal is provided below:
Sec. 6-43. Temporary on-sale license for use at convention hall.
(a) The City may issue a temporary on-sale alcoholic beverage license to be operated
and used at a convention hall.
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(b) The temporary license shall not be issued for a period exceeding five consecutive
days and shall expire at 12:00 midnight on the fifth day after issuance.
(c) Applications for a temporary on-sale alcoholic beverage license shall be submitted to
the City Clerk on a completed application form as provided by the City Clerk. The
application shall specify the number of days, not to exceed five days, and the dates upon
which the license is to be utilized. The fee for the use of the temporary license shall be
a sum for the first day and a sum for each day thereafter as established by resolution.
(d) Any person seeking a temporary on-sale alcoholic beverage license shall provide
security for crowd control as required by the city. Additionally, such person shall be
responsible for any damage or injury to any persons or property, including but not
limited to the convention hall premises. Such person shall further provide sufficient
personnel for security. The applicant shall also provide proof of insurance in such form
and amounts as the city manager may require from time to time.
(e) A public hearing on the issuance of the temporary convention hall on-sale alcoholic
beverage license shall be held during a regular meeting of the city council except that no
public hearing is required if the person applying for the license holds an operating
agreement for a municipal on-sale alcoholic beverage license or if the Swiftel Center is
the applicant. In the event a public hearing is required, the issuance of the convention
hall temporary on-sale alcoholic beverage license shall be at the discretion of the city
council.
(f) Any public convention center or hall designated by resolution of the City is hereby
designated as a convention hall of the City for purposes of temporary on-sale alcoholic
beverage licensing. The use of each convention hall by any person holding a temporary
on-sale alcoholic beverage license shall be governed by the rules or regulations
pertaining to each respective facility.
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Ordinance No. _____
An Ordinance Amending Article I. of Chapter 6 of the Code of Ordinances of
the City of Brookings and Pertaining to the Sale of Alcoholic Beverages on
Memorial Day in the City of Brookings.
Be It Ordained and Enacted by the Council of the City of Brookings, State of South Dakota, as
follows:
I.
That Chapter 6 of the Code of Ordinances of the City of Brookings is amended to include the
following subsection:
Sec. 6-10. Memorial Day sales permitted.
Any holder of an operating agreement, retail malt beverage license, on-sale wine license, the
municipal off-sale licensee, an off-sale malt beverage license, or an off-sale wine retailer license
may sell and allow to be sold alcoholic beverages on Memorial Day.
II.
Any or all ordinances in conflict herewith are hereby repealed.
FIRST READING:
SECOND READING:
PUBLISHED:
CITY OF BROOKINGS, SOUTH DAKOTA
Tim Reed, Mayor
ATTEST:
Shari L. Thornes, City Clerk
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Ordinance No. _____
An Ordinance Amending Repealing Ordinance Section 6-43 and Pertaining to
Procedure For The Issuance Of Temporary On-Sale Alcoholic Beverage Licenses for use at
a Convention Hall Special Events in the City of Brookings, South Dakota.
Be It Ordained and Enacted by the Council of the City of Brookings, State of South Dakota, as
follows:
I.
Brookings Ordinance Section 6-43 is hereby repealed.
Ordinance Section 6-43 is amended as follows:
Sec. 6-43. Temporary alcoholic beverage licenses for special events.
(a) The City may issue either a temporary malt beverage retailers license, a temporary on-
sale wine retailers license, a special on-sale license or a special off-sale package wine dealers
license, or any combination of the foregoing temporary licenses, in conjunction with a special
event, to any civic, charitable, educational, fraternal or veteran’s organization, or to any licensee
licensed as set forth in subsection (f) below.
(b) The temporary license shall not be issued for a period exceeding five consecutive days
and shall expire at 12:00 midnight on the fifth day after issuance.
(c) Applications for a temporary alcoholic beverage license for a special event shall be
submitted to the City Clerk on a completed application form as provided by the City Clerk. The
application shall specify the number of days, not to exceed five days, and the dates upon which
the license is to be utilized. The fee for the use of the temporary license shall be a sum for the
first day and a sum for each day thereafter as established by resolution of the City.
(d) Any person seeking a temporary alcoholic beverage license shall provide security for
crowd control as required by the City. Additionally, such person shall be responsible for any
damage or injury to any persons or property.
(e) A public hearing on the issuance of the temporary alcoholic beverage license shall be
held during a regular meeting of the City Council. The issuance of any temporary alcoholic
beverage license requested under this ordinance shall be at the discretion of the City Council.
(f) Licensees eligible to receive temporary licenses.
(i) The holder of an Operating Agreement is eligible to apply for a temporary malt
beverage retailers license, a temporary on-sale wine retailers license and a temporary on-
sale license for and in conjunction with a special event within the City.
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(ii) A malt beverage retailer is eligible to apply for a temporary malt beverage
retailers license or a temporary on-sale license for and in conjunction with a special event
within the City.
(iii) A wine retailer, including both a package dealer and an on-sale dealer is eligible
to apply for a temporary wine retailers license or a temporary on-sale license for and in
conjunction with a special event within the City.
(iv) The municipal off-sale licensee, any wine retailer, malt beverage and farm wine
package dealers and off-sale package farm wine dealers are eligible to apply for a
temporary off-sale package wine license for and in conjunction with a special event
within the City provided only wine manufactured by a farm winery licensed pursuant to
SDCL Chapter 35-12.
II.
Any or all ordinances in conflict herewith are hereby repealed.
FIRST READING:
SECOND READING:
PUBLISHED
CITY OF BROOKINGS, SOUTH DAKOTA
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
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5:00 P.M. WORK SESSION
** Work sessions are open to the public. During the work session the city staff would brief the council
on items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
4. City Council Member Ex-Officio Reports.
Pursuant to council direction, “City Council Member Ex-Officio Reports”
will be a standing agenda item at all Council Work Sessions. The Council
Members that serve as Ex-Officio members on the Brookings Health
System Board of Trustees and Utility Board will provide verbal reports
regarding recent meetings they have attended.
Brookings Municipal Utility Board:
1. Council Member Bezdichek
2. Council Member Corbett
Brookings Health Systems Board:
1. Council Member Kubal
2. Council Member McClemans
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5:00 P.M. WORK SESSION
** Work sessions are open to the public. During the work session the city staff would brief the council
on items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
5. Joint Powers Board Council Member’s Report.
Pursuant to council direction, “Joint Powers Board City Member Updates” will be
a standing agenda item at all Council Work Sessions. The Council Members
serving on the Joint Powers Board will provide verbal updates regarding recent
meetings they have attended.
Council Members Kubal and Bartley
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5:00 P.M. WORK SESSION
** Work sessions are open to the public. During the work session the city staff would brief the council
on items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
6. 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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October 12, 2010
5:00 P.M. WORK SESSION
** Work sessions are open to the public. During the work session the city staff would brief the council
on items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
7. Council Invites & Obligations.
Date
Day Event &
Brief Description
Time Location / Town /
Address / Directions
October 19 Tuesday
Chamber’s Gov’t Affairs
Luncheon with Senator
Johnson
12:00 – 1:00
p.m. Days Inn
October 19 Tuesday
Brookings Area Master
Transportation Plan Open
House
5:00 p.m. –
7:00 p.m. Council Chambers
October 22 Friday Anderson Plaza Dedication at
the SD Art Museum
4:00 p.m. –
7:00 p.m.
SD Art Museum (Medary
Ave. & Harvey Dunn St.)
October 23 Saturday Hobo Day Events
October 26 Tuesday Council Meeting 5:00 p.m. Council Chambers
November 6 Saturday Sioux Falls Day
SDSU Game
3:30-5
Reception
6:00 Game
Atrium of the Biostress Lab
Coughlin Alumni Stadium
November 8 Monday
Airport Environmental
Assessment Open House &
Public Hearing
6:00 p.m.
Open House
7:00 p.m.
Public Hearing
City Hall
November 9 Tuesday Council Meeting 5:00 p.m. Council Chambers
November 20 Saturday Madison Day
SDSU Game
3:30-5
Reception
6:00 Game
Atrium of the Biostress Lab
Coughlin Alumni Stadium
November 23 Tuesday Council Meeting 5:00 p.m. Council Chambers
Nov. 29 –
Dec. 4
Monday –
Saturday NLC-Congress of Cities
Denver, CO
December 2 Thursday Festival of Lights Event 7:00 p.m. Children’s Museum
December 9 Thursday Mayor’s Holiday Party 5-7:00 p.m. Children’s Museum
December 14 Tuesday Council Meeting 5:00 p.m. Council Chambers
December 28 Tuesday Council Meeting 5:00 p.m. Council Chambers
January 19 Wednesday Brookings/SDSU Day at the
Capital Pierre, SD
January 19-20 Wednesday-
Thursday
2011 Governor’s Conference
on Tourism Pierre, SD
February 1 Tuesday Rib Dinner with your
Legislator Pierre, SD
February 2 Wednesday Municipal Government Day Pierre, SD
March 12-16 Saturday-
Wednesday
NLC Congressional City
Conference Washington, DC
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October 12, 2010
21
Date
Day Event &
Brief Description
Time Location / Town /
Address / Directions
March 21-25 Monday-Friday Board of Equalization City Hall Meeting Room
May 22-25 Sunday-
Wednesday ICSC Las Vegas, Nevada
September 18-
21
Sunday-
Wednesday ICMA Milwaukee, WI
October 4-7 Tuesday-
Friday SDML Annual Conference Sioux Falls, SD
November 8-
12
Tuesday-
Saturday NLC Congress of Cities Phoenix, AZ
6:00 P.M. REGULAR MEETING
1. Call to order.
2. Pledge of Allegiance.
3. Record of Council Attendance.
4. Action to approve the following Consent Agenda Items:
A. Action to approve the agenda.
B. Action to approve the minutes.
C. Action on Resolution No. 89-10, repealing the following City Council Policies:
Citizen Satisfaction Survey Policy, Discussion on Action Items Required Prior to Council
Action Policy, Swiftel Center Policy, and Insurance Policy.
D. Action on Resolution No. 90-10, amending the Council Vacancy Policy.
E. Action on Resolution No. 91-10, establishing a Streetlight Policy.
F. Action on Resolution No. 92-10, declaring Surplus Property Engine #4: 1995
Spartan Pumper Firestar 2000.
G. Action on Resolution No. 85-10, authorizing the Mayor to sign an FAA Agreement
regarding Fuel Tax Funds. Authorizing the Mayor to Sign an Agreement for Federal
Aviation Administration Project (Fuel Tax Funds).
H. Action to Abate the 2008 Drainage Fee for Parcel No. 40160-00200-008-00, the
West 25’ of the South 105’ of Lot 8, Block 2, First Addition, location of the former
law office building on the northeast corner of 3rd Street and 5th Avenue.
Open Forum
5. Transportation Study Open House Announcement.
6. Airport Environmental Assessment Open House & Public Hearing Announcement.
7. Open Forum.
8. SDSU Student Senate Report.
Contract Awards / Change Orders
9. Action to approve Resolution No. 93-10, a Resolution Authorizing Change Order No. 1
(CCO#1) and final payment for Lighting Efficiency Project, P3 Electric.
Action: Motion to Approve, Request Public Comment, Roll Call
Second Readings / Public Hearings
10. Ordinance No. 30-10: An Ordinance to Rezone the North 720 feet of the South 1,320
feet of the West 313 feet of the SW ¼ of the NE ¼ of Section 1-T109N-R50W from an
Agricultural A District to a Residence R-1B district (17th Ave. So. and 24th St. So.).
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Other Business
11. Purchase / Installation of Remote Marquee Sign for the Swiftel Center.
Action: Motion to Approve, Request Public Comment, Roll Call
12. Adjourn.
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October 12, 2010
CONSENT AGENDA #4
4. Action to approve the following Consent Agenda Items *
A. Action to approve the agenda.
B. Action to approve the minutes.
C. Action on Resolution No. 89-10, repealing the following City
Council Policies: Citizen Satisfaction Survey Policy, Discussion on
Action Items Required Prior to Council Action Policy, Swiftel
Center Policy, and Insurance Policy.
D. Action on Resolution No. 90-10, amending the Council
Vacancy Policy.
E. Action on Resolution No. 91-10, establishing a Streetlight
Policy.
F. Action on Resolution No. 92-10, declaring Surplus Property
Engine #4: 1995 Spartan Pumper Firestar 2000.
G. Action on Resolution No. 85-10, authorizing the Mayor to sign
an FAA Agreement regarding Fuel Tax Funds. Authorizing the
Mayor to Sign an Agreement for Federal Aviation
Administration Project (Fuel Tax Funds).
H. Action to Abate the 2008 Drainage Fee for Parcel No. 40160-
00200-008-00, the West 25’ of the South 105’ of Lot 8, Block 2,
First Addition, location of the former law office building on the
northeast corner of 3rd Street and 5th Avenue.
*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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October 12, 2010
CONSENT AGENDA #4
B. Action to approve City Council Minutes.
The draft September 28th Brookings City Council minutes are enclosed for
Council review and approval.
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October 12, 2010
Brookings City Council
September 28, 2010 (unapproved)
The Brookings City Council held a meeting on Tuesday, September 28, 2010, at 5:30 p.m., at City
Hall with the following members present: Council Members John Kubal, Keith Corbett, Mike
McClemans, Mike Bartley and Jael Thorpe. Mayor Tim Reed and Council Member Tom
Bezdichek were absent. City Manager Jeff Weldon, City Attorney Steve Britzman and City Clerk
Shari Thornes were also present.
Policy Discussion: Neighborhood Streetlight Replacement. Weldon reported over
the course of the next several years, Brookings Municipal Utilities will undertake a systematic
schedule to replace neighborhood streetlights in the older neighborhoods. These are typically
the intersection and mid-block lights with the cobra-style head and extension mast arm on a
wooden pole. They intend to replace them with the same fixture and style consistent with
what is being installed in the newer neighborhoods. These are cobra-style heads on mast arms
with metal poles. They look better, are more durable, and last longer.
During the course of this replacement, BMU typically receives inquiries from neighbors to
upgrade the streetlights from this standard style to a more decorative, historic design pole and
fixture which is very similar to the downtown decorative lights. They are typified with the
distinctive “acorn” shaped fixture. Depending upon the supplier, these decorative lights are
typically $1,000-$2,000 more expensive than the standard poles. What’s more, because of the
direction of the lighting, more of them are needed to produce the same amount of luminosity,
resulting in closer spacing.
Pursuant to current practice, the City pays BMU a flat charge for standardized lights based on
the annual pole count. This charge includes the costs of the pole, wiring and fixtures,
electricity, and repair/replacement of bulbs and appurtenances. This year, the City paid BMU
$345,000 for streetlights and traffic signals. So far, BMU has billed requesting property owners
for the “upcharge” associated with installing decorative lights. This has been done in only two
neighborhoods. However, as BMU proceeds with this replacement program, we expect the
number of such requests to increase.
The policy question for the City Council was whether or not to allow decorative streetlights in
any neighborhood or keep them restricted to the downtown area. Keeping them restricted to
certain areas contributes to the historical significance of the downtown area and such
significance is diminished if the same lights are proliferated in other areas.
In addition, the appearance of such decorative streetlights existing in a haphazard, random
fashion throughout neighborhoods based on which neighbors wish to pay for them would seem
to lend itself to a very inconsistent appearance for neighborhood streetscapes.
Alternatively, the Council could consider allowing them only in the Central and University
Historic Preservation Districts. While this would not alleviate the random placement of such
poles, it may help bolster the historic significance of these Districts. New streetlights would be
subject to review in historic preservation districts by preservation commissions.
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October 12, 2010
Because BMU has installed them in two neighborhoods so far, the City Manager didn’t believe
that sets a precedent forcing the Council to allow them throughout the City. The Council has
the right to change policy and allow pre-existing conditions to be “grandfathered”.
There is another consideration relative to the decorative versus the standard fixtures. The
standard fixtures with the cobra-head mounted to the mast arm are positioned to illuminate
the street specifically. The historic light fixtures illuminate the area in a circular fashion around
the light putting less luminosity on the street thus requiring more of them to get the same
amount of luminosity for the street. This also means the decorative lights put more light on the
front yards, sidewalks, boulevards, and possibly, into the windows of homes. Residents will
most likely object to that aspect.
The following are some policy options to consider:
1) Authorize the installation of historic poles to any neighbors that request them as long as it
is at least one city block. The benefitting property owners would be required to pay for the
upcharge.
2) Authorize the installation of historic poles to neighbors that request them as long as they
are in either of the two residential historic preservation districts. (This option still does not
completely alleviate the random placement consideration within a district.)
3) Strategically identify certain areas around the Downtown Historic Preservation District that
complement the existing downtown lights, allowing them in such areas, but denying them
elsewhere.
4) Prohibit the installation of any further decorative streetlights elsewhere in the community.
ACTION: A motion was made by Corbett, seconded by Kubal, to recommend Option Three:
“Strategically identify certain areas around the Downtown Historic Preservation District that
complement the existing downtown lights, allowing them in such areas, but denying them
elsewhere,” with consideration for SDSU’s plan. All present voted Yes; except Thorpe voted
No. Motion Carried.
Ex-Officio Reports. Kubal noted the September 23rd Joint City Council/Hospital Board
meeting focused on the issues and challenges facing Brookview Manor and its future. The
Council also toured the new emergency room facilities.
Joint Powers Board Update. Bartley and Kubal reported the next joint meeting is
September 30th. The agenda will include a review of the preliminary budget.
6:00 P.M. REGULAR MEETING. Consent Agenda. A motion was made by Kubal,
seconded by McClemans, to approve the consent agenda as follows:
A. Action to approve the agenda.
B. Action to approve the September 14th and September 15th City Council Meeting
minutes.
C. Action on Resolution No. 79-10, to declare Lot 8 and Lot 12, Block 1, Telkamp
Industrial Addition as Surplus Property.
Resolution No. 79-10
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October 12, 2010
Declaring Surplus Property
Whereas, the City of Brookings is the owner of the following described real property
located in the Telkamp Industrial Park: Lot 8, Block 1, Telkamp Industrial Addition and Lot
12, Block 1, Telkamp Industrial Addition.
Whereas in the best financial interest, it is the desire of the City of Brookings to sell said
surplus property at public auction; and
Whereas, the City Manager is hereby 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.
D. Action on Resolution No. 87-10, Setting the Unit Financial Charge for 2011
Storm Drainage Fees.
Resolution No. 87-10
Setting the Unit Financial Charge for 2011 Storm Drainage Fees
Whereas, Chapter 72, Section 72-1 (b), of Code of Ordinances for the City of Brookings,
provides for setting the unit financial charge of Storm Drainage, by Resolution.
Now, Therefore, Be It Resolved that the unit financial charge shall be .00054 for Storm
Drainage purposes.
E. Action on Resolution No. 86-10, Setting forth a Schedule of Proposed Fines,
Fees, and Procedures Pertaining to the Keeping and Control of Animals in the
City of Brookings, SD.
Resolution No. 86-10
A Resolution Setting Forth a Schedule of Proposed Fines, Fees, and Procedures Pertaining to
the Keeping and Control of Animals in the City of Brookings, South Dakota.
Be it Resolved by the City Council of the City of Brookings, South Dakota, that the following
Schedule of Proposed Fines, Fees and Procedures shall be effective as of the date of this
Resolution for all violations of Ordinances set forth herein.
SCHEDULE OF PROPOSED FINES WITH COURT COSTS
Section Offense Fine Without Court Total Fine
Court Appearance Costs and Costs
Miscellaneous Offenses
14-2 Unwanted animals.
(per head acceptance fee) 10.00 60.00 70.00
14-3 Disturbance of peace 25.00 60.00 85.00
14-4 Animals on school grounds property
or recreation areas 25.00 60.00 85.00
14-6 Number of pets limited 20.00 60.00 80.00
14-7 Unattended animals in standing or parked
vehicles 50.00 60.00 110.00
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14-8 Stray, abandoned or unkept animals 25.00 60.00 85.00
14-9 Public nuisance 25.00 60.00 85.00
14-41 Cruelty to animals generally 100.00 60.00 160.00
14-42 Teasing, baiting or harassing 25.00 60.00 85.00
14-43 Humane care of animals 25.00 60.00 85.00
14-44 Poisoning of animals 100.00 60.00 160.00
14-45 Instigating or allowing fights between animals 200.00 60.00 260.00
14-47 Restraint of animal in a vehicle 25.00 60.00 85.00
14-81 Proximity of livestock to dwellings 25.00 60.00 85.00
14-82 Proximity of fowl to dwellings 25.00 60.00 85.00
14-83 Swine (per head) 25.00 60.00 85.00
14-84 Sanitary condition required 25.00 60.00 85.00
14-85 Keeping of bees 50.00 60.00 110.00
14-86 Pigeons 25.00 60.00 85.00
14-87 Livestock running at large (per head) 25.00 60.00 85.00
14-88 Fowl at large (per head) 25.00 60.00 85.00
14-89 Picketing 25.00 60.00 85.00
14-90 Keeping of game birds prohibited 25.00 60.00 85.00
14-121 Dogs running at large
1st License 10.00 60.00 70.00
1st Unlicensed 25.00 60.00 85.00
2nd 35.00 60.00 95.00
3rd and subsequent offenses 50.00 60.00 110.00
14-122 Impoundment of dogs (per impoundment) 20.00 60.00 80.00
14-123 Disturbance of the peace 25.00 60.00 85.00
14-125 Defecation disposal 25.00 60.00 85.00
14-126 Vicious or biting dogs
1st Offense 100.00 60.00 160.00
2nd Offense 200.00 60.00 260.00
3rd Offense (fine & animal forfeited) 200.00 60.00 260.00
14-127 Guard dogs (failure to post warning) 50.00 60.00 110.00
14-128 Sanitary conditions required 25.00 60.00 85.00
14-151 License required 25.00 60.00 85.00
14-153 Rabies vaccination required 50.00 60.00 110.00
14-154 Fee (altered & have proof) 5.00 60.00 65.00
Unaltered 10.00 60.00 70.00
14-157 Dog or cat to wear tag 10.00 60.00 70.00
14-182 Impoundment fees (per head) 20.00 60.00 80.00
Per Day Feed/Care 10.00 60.00 70.00
14-186 Alternate procedure 25.00 60.00 85.00
14-187 Pickup and transportation fee 25.00 60.00 85.00
14-221 Registration required 50.00 60.00 110.00
14-223 Running at large
1st Offense 100.00 60.00 160.00
2nd Offense 200.00 60.00 260.00
3rd Offense (fine & animal forfeited) 200.00 60.00 260.00
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14-224 Wild, hybrid or dangerous animals prohibited
(fine & seizure of animal) 100.00 60.00 160.00
14-227 Owner to report escape of dangerous
animals or animals not indigenous to State 100.00 60.00 160.00
14-229 Public Nuisance (possession of wild, hybrid, or
Dangerous animals prohibited) 100.00 60.00 160.00
14-230 Animals declared as a biting, dangerous
or vicious animal prohibited 100.00 60.00 160.00
14-263 Commercial pet shelter prohibited 25.00 60.00 85.00
14-264 Number of pets 50.00 60.00 110.00
14-265 Adequate facilities required 25.00 60.00 85.00
14-291 License required 25.00 60.00 85.00
On the motion, all present voted yes; motion carried.
Topics for future discussion. Doc Knaus requested a future agenda item to discuss drainage
issues south of town. He was asked to submit his concerns in writing to the City Clerk or City
Manager in order for city staff to respond.
Ordinance No. 30-10. A first reading was held on Ordinance No. 30-10, an Ordinance to
Rezone the North 720 feet of the south 1,320 feet of the West 313 feet of the SW ¼ of the
NE ¼ of Section I-T109N-R50W from an Agricultural A District to a Residence R-1B District
(17th Ave. So. and 24th St. So.) Public Hearing: October 12, 2010.
Ordinance No. 29-10. A public hearing was held on Ordinance No. 29-10, the 2011 Budget
Ordinance, an Ordinance appropriating Monies to Fund the necessary expenditures and
liabilities of the City of Brookings for the 2011 Fiscal year and providing for the Annual Tax
Levy and Annual Tax for all Funds. A motion was made by Thorpe, seconded by McClemans,
to approve Ordinance No. 29-10. All present voted yes; motion carried.
Adjourn. A motion was made by Kubal, seconded by McClemans, to adjourn. All present
voted yes; motion carried. Meeting adjourned at 6:10 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. 89-10, repealing the following City
Council Policies: Citizen Satisfaction Survey Policy, Discussion on
Action Items Required Prior to Council Action Policy, Swiftel Center
Policy, and Insurance Policy.
Pursuant to City Council discussion at the September 15th Special Meeting on
Policy Review, the City Council gave direction to repeal the following
policies: Citizen Satisfaction Survey Policy, Discussion on Action Items Required
Prior to Council Action Policy, Swiftel Center Policy, and Insurance Policy. Each
policy is enclosed following the repealing resolution.
Resolution No. 89-10
Resolution repealing the following Policies of the City Council of the City of Brookings, South
Dakota: Citizen Satisfaction Survey Policy, Discussion on Action Items Required Prior to Council Action
Policy, Swiftel Center Policy and Insurance Policy.
Whereas, the City Council of the City of Brookings, South Dakota, held a special meeting on
September 15, 2010 to review the City Council Policies; and
Whereas, the City Council determined the following policies to be no longer needed: Citizen
Satisfaction Survey Policy, Discussion on Action Items Required Prior to Council Action Policy, Swiftel Center
Policy, and Insurance Policy.
Therefore, Be It Resolved that the aforementioned policies are repealed.
Passed and approved this 12th day of October, 2010.
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
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October 12, 2010
TOPIC: CITIZEN SATISFACTION SURVEY
ACTION TAKEN: YES
DATE: JANUARY 14, 2002
TYPE: MOTION
CURRENT POLICY:
To conduct every 5 years or earlier as deemed appropriate by City Council.
TOPIC: DISCUSSION ON ACTION ITEMS REQUIRED PRIOR
TO COUNCIL ACTION
ACTION TAKEN: YES
DATE: SEPTEMBER 23, 2003
TYPE: MOTION
CURRENT POLICY:
City Council Policy
Discussion on Action Items Required Prior to Council Action
Brookings, South Dakota
Dated September 23, 2003
Objective: The Brookings City Council wishes to be thoroughly informed and have had
prior discussion on an issue before taking official action.
Policy: All items, other than routine in nature, must be a discussion item prior to being
an action item.
Goals:
1) Briefings. A “Council Briefing” will be an agenda item on all Council Action and Planning
agendas for the purpose of briefing the City Council Members on upcoming issues. The
briefing will consist of a list of all items scheduled for the next council action meeting.
A brief description will be provided for each item.
Week 1 Planning Meeting & Briefing for 1st action
Week 2 Action Meeting & Briefing for 2nd action
Week 4 Action Meeting & Briefing for next action session
2) Exceptions.
A. Routine Items. Routine items such as minutes do not require advance
discussion.
B. Unexpected Items & Emergencies. Agenda items are submitted by citizens that
we are unable to anticipate and are necessary for public convenience to be acted
upon. The City Manager will recommend an item be placed on the Council
agenda. The Council will consider action on these items.
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TOPIC: SWIFTEL CENTER POLICY
(AKA Brookings Event Center Planning)
ACTION TAKEN: YES
DATE: MARCH 9, 2004
TYPE: MOTION
CURRENT POLICY:
City Council Policy
Brookings Event Center Planning
Brookings, South Dakota
Adopted March 9, 2004
Objectives: The Swiftel (Brookings Event) Center is a city-owned and subsidized facility
operated by the Brookings Event Center, Inc. (the “Event Center Board”). This facility provides
a gathering place for community activities, entertainment, cultural events, agricultural activities,
and business conferences, enhancing the quality of life and developing the local economy.
A City Council-supported Operation and Capital Plan (“the “Plan”) is required to integrate the
operation of the center with the budgetary and economic development plan of the city.
Policy: The Event Center Board will present the Plan during a City Council planning meeting in
the month of July. This Plan will be completed in lieu of the Application for City Funds, a form
which is used by other entities requesting City funding. The budgeting process will provide the
funding for the Plan.
During February, a previous year report will be presented to the City Council during a planning
or joint meeting with the Event Center Board, using the same information as the Plan.
Specifics:
1) Operation Plan - A five-year plan containing the following information.
• Attendance and Event Days
• Economic Impact
• City Sales Tax Revenue Collection
• Variable Revenue
• Fixed Revenue
• Variable Expenses
• Fixed Expenses
• Fixed Expenditures as a percent of Net Revenue
• Subsidy Requested
2) Capital Improvement Plan
20% of the undesignated funds of the 75% of the 2nd penny sales tax revenues through 2006,
and $70,000 per year after 2006 are allocated for capital improvements for the Event Center.
These funds can be saved and used in later years to fund larger projects. These funds are to be
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October 12, 2010
used for improvements, not repairs and maintenance, which should be funded from the
operating budget. Expenditures of these funds are authorized through the annual budget
ordinance.
Definition of terms
Attendance – Number of people attending events held at the Event Center.
Event Days – Number of days the facility or a portion thereof are used. More than one event
can be held in the facility at the same time in different locations.
Economic Impact – Method of calculation to determine the effect of events on the city’s
economy.
City Sales Tax Revenue Collection – Amount of sales tax generated from rent and other sales
within the facility.
Improvements – Capital improvements, including land, real property improvements, buildings
and permanent fixtures located within or associated with a building.
Variable Revenue – Proceeds generated by the Event Center from holding events.
Fixed Revenue - Revenue generated other the directly from an event.
Variable Expenses - Expenses generated from holding an event.
Fixed Expenses – Operating expenses not directly associated with an event.
Fixed Expenses as a percent of Net Revenue – (Fixed Expenses) / ((Fixed and Variable Revenue)
– Variable Expenses)
Second Penny Sales Tax Revenue – The City Sales Tax rate is currently 1.9%. The second penny
sales tax revenue is the sales tax revenue received from the portion of the tax rate which
exceeds one (1) percent (currently .9%).
Subsidy Requested - Amount of money requested from the City which subsidizes the shortfall
between revenue and expenses.
Undesignated Funds – A portion of Second Penny Sales Tax Revenue which has not previously
been designated for a specific use by Resolution or Ordinance by the City.
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TOPIC: INSURANCE
ACTION TAKEN: YES
DATE: SEPTEMBER 23, 2003
TYPE: MOTION
CURRENT POLICY:
City Council Policy
Insurance
Brookings, South Dakota
September 23, 2003
Objective: Insurance coverage for Property/Liability, Workers Compensation, Boiler and
Machinery, Airport Insurance are an integral part of the City's Risk Management
Program. These various insurances are also a major part of the City's annual
expenditures. The Council realizes that it is not productive to request proposals
for the various insurances every year; but it also realizes that the City must be
cost effective and must measure its cost of insurance against the current market.
Policy: The City Manager shall request proposals for insurance at least every five years.
The City Manager may request proposals more often than every five years if
he/she deems it necessary. Any change in insurance companies shall be reported
to the City Council prior to entering into agreements. The City Manager shall
submit an annual report to the City Council outlining the city's insurance
coverage.
Implementation Schedule:
• Property/Liability - before the end of 2005
• Workers Compensation - before the end of 2007
• Airport - before the end of 2007
• Boiler & Machinery - before the end of 2005
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CONSENT AGENDA #4
D. Action on Resolution No. 90-10, amending the Council Vacancy
Policy.
Pursuant to City Council discussion at their September 15th Special Meeting on Policy
Review, the City Council gave direction to update the City Council Vacancy Policy.
Formal action is required to amend this Policy.
Resolution No. 90-10 (MARKED)
City Council Policy: City Council Vacancy
Adopted: Dated September 23, 2003
Amended: October 12, 2010
Objective: The objective of this policy is to have an established procedure to follow in the event of
a vacancy on the City Council.
Policy: The following procedure will be followed in the event a vacancy occurs on the City
Council:
Whereas, it shall be the policy of the City of Brookings that a procedure be developed to follow in the
event a vacancy occurs on the City Council; and
Whereas, the Objective of this policy is to have an established procedure in the event of a City Council
vacancy; and
Now, Therefore, the City of Brookings hereby resolves that the following procedure be followed in the
event a vacancy occurs on the City Council:
1) Positions. The elected City officers of the City of Brookings are the Mayor and six (6) City
Council members.
2) City Charter Reference - Filling of Vacancy. Any vacancy occurring in the office of Mayor or
City Council must be filled pursuant to City Charter, Section 2.06 – Vacancies; Forfeiture of
Office; Filling of Vacancies:
(d) Filling of Vacancies. Filling of Vacancies. Except as provided below, a vacancy in the office of Mayor
or of a City Council Member shall be filled for the remainder of the unexpired term at the next
regular City election. The Council by a majority vote of all its remaining members shall appoint a
qualified person to fill the vacancy until the person elected to serve the remainder of the unexpired
term takes office. However, if the vacancy occurs less than sixty days prior to the next regular City
election, then the person appointed to fill the vacancy shall continue to serve and the vacancy shall
be filled at the regular City election immediately following the next regular City election.
Notwithstanding the requirement in Section 2.11, if at any time the membership of the Council is
reduced to less than 6, the remaining members shall, within sixty (60) days, fill the vacancies by
appointment or call for a special election to fill the vacancies.
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3) City Council Decision. The City Council has the option to fill a vacancy or leave it open if the
membership is maintained at not less than six (6) members. The Council must determine
whether or not to fill the vacancy.
4) Schedule. The City Council must establish a schedule for the following steps in the appointment
process:
Date to issue press release
Deadline to submit applications
Date for applicants to meet with the City Council
Date to appoint the new Council member
Date for the swearing in ceremony
5) Public Announcement. Immediately after the Council decision to fill the vacancy, the City
Manager shall issue an announcement that a vacancy has occurred and invite legally qualified
persons to apply for the vacancy. See example press release:
Applications for City Council Member
The Brookings City Council is now accepting applications from Brookings residents interested in
the vacant City Council member position effective until _______. Applicants are to submit an
application and any other pertinent information to the City Manager not later than ______at 5:00
p.m. The City Council will take action to approve this appointment to the Council on or before
________.
Applications for Appointment are available at City Hall, 311 Third Avenue, or by calling (605)692-6281.
Applications must be submitted to the City Manager not later than ______ by 5:00 p.m.
"The City of Brookings is responsive to requests for communication aids and the need to provide
appropriate access, and will provide alternative formats and accessible locations consistent with
the Americans with Disabilities Act."
6) Application Packet. Applicants will be provided with an application form, Code of Ethics,
Governance and Ends Policy, current budget, Conflict of Interest Ordinance, and proposed
appointment schedule. Applicants will be asked to submit a completed application, signed Code
of Ethics, resume, and any other information to the City Manager.
7) Council Notification:
A. The City Manager will provide qualified applicants list and copies of applications to the
Mayor and City Council.
B. The names of applicants will not be released to the public prior to the application
deadline.
C. After the application deadline, the public will be provided with the list of applicant
names upon request; however, the applications will not be released.
8) City Council Applicant Review & Nominations:
A. Presentations. Applicants will be invited to appear before the City Council at a planning
or action meeting to provide comments and respond to questions.
1. Each applicant will be limited to 5 minutes.
2. All Council members will have an opportunity to ask questions.
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October 12, 2010
B. Council Review. The City Council may discuss, at an open meeting, the qualifications of
the candidate or candidates.
C. Executive Session. The City Council may enter into Executive Session for the sole
purpose of discussing the qualifications of the applicants. The purpose of the executive
session would be for each Council member to share their views about the qualifications
and that the issue be thoroughly discussed. If it appears that a majority of Council
members do not believe a certain candidate is most qualified, further discussion about
the qualifications can occur. The executive session minimizes misunderstandings about
the opinions of each Council member concerning the qualifications of the candidates,
and avoids the use of a secret ballot, which is not specifically authorized in the law. In
addition to the City Council members, the City Manager, City Attorney, and City Clerk
would also be present during the executive session.
D. Council Comments. City Council members will be given an opportunity to make public
comments.
E. Public Comment. Public comment from interested parties will be heard before a
motion to nominate a legally qualified person to fill the vacancy, but after the comments
of the City Council.
F. Nomination(s). At the conclusion of public comment, a motion by any member of the
City Council to nominate a candidate may be made to fill the vacancy. The nomination
requires a second in order to be voted upon. The motion must specify the name of the
applicant and the effective date of the appointment. The first nominated and seconded
legally qualified person receiving a majority of votes from those voting will be elected to
fill the vacancy. If the motion fails, the floor would be open for another motion. The
use of a secret ballot will not be allowed.
G. Term. Appointed Council Members are appointed to fill a vacated position for a period
not more than one (1) year. Per City Charter Section 2.06 (d), “….then the person
appointed to fill the vacancy shall continue to serve and the vacancy shall be filled at the
regular City election immediately following the next regular City election…”
9) Swearing In Ceremony. The newly appointed City Council member will sign an Oath of Office
and be presented with an Appointment Certificate by the Mayor at the next regularly scheduled
City Council meeting.
Passed and approved this day of , .
CITY OF BROOKINGS
Mayor
ATTEST
City Clerk
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October 12, 2010
CONSENT AGENDA
E. Action on Resolution No. 91-10, establishing a Streetlight Policy.
At the September 14th work session, the City Council took the following action to
adopt a policy regarding streetlights: ACTION: A motion was made by Corbett, seconded
by Kubal, to recommend Option Three: “Strategically identify certain areas around the
Downtown Historic Preservation District that complement the existing downtown lights, allowing
them in such areas, but denying them elsewhere,” with consideration for SDSU’s plan. All
present voted Yes; except Thorpe voted No. Motion Carried.
Enclosed Resolution No. 91-10 encapsulates the direction for a new policy and provides
for formal adoption in a resolution format, pursuant to City Council policy
requirements.
Resolution No. 91-10
City Council Policy: Streetlight design standards
Whereas, the goals of adopting a standardized streetlight design are to have continuity between various
and diverse neighborhoods of the City of Brookings, and facilitate the efficiency of maintaining parts and
supplies for a limited number of standardized streetlight components.
Whereas, the objective of adopting standardized streetlight design is to implement the above stated goal
but retain some flexibility to accommodate complimentary and consistent usage of streetlight design
where they are contiguous or sufficiently similar to downtown central business district, and the right
route street system servicing SDSU, do not increase the cost of lighting unnecessarily to the City, and
do not unduly compromise lighting quality in neighborhoods.
Therefore, It Shall Be the Policy of the City of Brookings that the City shall adopt a uniform streetlight
design. Said design shall be recommended by Brookings Municipal Utilities as being the most
advantageous to service residential streets and neighborhoods, and that such lighting design be under
the streetlight finance program.
It shall further be the policy of the City of Brookings that deviations from the standardized design shall
be only for the historic design characterized by the downtown central business district from the
Streetscape Improvement Project of 2009, and shall be allowed only in previously approved areas; in are
that are contiguous and directly complimentary to the downtown central business district; and shall be
allowed for the SDSU ring route street plan under terms and conditions of said plan subject to the
approval of the City.
Passed and Approved this 12th Day of October, 2010.
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari Thornes, City Clerk
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October 12, 2010
CONSENT AGENDA
F. Action on Resolution No. 92-10, declaring Surplus Property
Engine #4: 1995 Spartan Pumper Firestar 2000.
Attached is a Resolution for the proposed surplus of Fixed Asset #101-0082 Engine 4:
1995 Spartan Pumper, Model FS2000 / VIN#4S7VT9T00RC01723. This unit has been
replaced with a newer model. Action on Resolution No. 92-10 will allow the City to
recover some of its costs.
Resolution No. 92-10
Declaring Surplus Property
Whereas, the City of Brookings is the owner of the following described vehicles formerly used
by the City of Brookings Fire Department:
Engine 4: 1995 Spartan Pumper Firestar 2000 / VIN # 4S7VT9T00RC012723
Whereas, in the best financial interest, it is the desire of the City of Brookings to sell same as
surplus property;
Whereas, the City Manager hereby authorized to appoint three qualified appraisers to appraise
the value of the 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.
Passed and approved this 12th day of October, 2010.
CITY OF BROOKINGS
________________________
ATTEST: Tim Reed, Mayor
___________________________
Shari Thornes, City Clerk
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City Council Packet
October 12, 2010
CONSENT AGENDA
G. Action on Resolution No. 85-10, authorizing the Mayor to sign an
FAA Agreement regarding Fuel Tax Funds. Authorizing the
Mayor to Sign an Agreement for Federal Aviation Administration
Project (Fuel Tax Funds).
The Brookings Regional Airport was required to install a federally mandated Point of
Sale upgrade to the FuelMaster unit for the airport’s fuel system. The required upgrade
was unknown during the budgeting process, and the cost of the upgrade is $1,414.00.
The City of Brookings has a balance of funds with the South Dakota Department of
Transportation which is collected from a percentage of airport fuel sales. This fund is
available for small projects, and the grants are approved through the SDDOT
Aeronautics Commission. The City has requested to utilize $1,414.00 of the Fuel Tax
Funds for this project, which was approved by the SDDOT Aeronautics Commission.
This grant will reimburse 100% of the cost of the work. This resolution will authorize
the Mayor to sign all grant documents related to the Federal Aviation Administration
Project No. AP0005 to upgrade the FuelMaster unit at the Brookings Regional Airport.
Resolution No. 85-10
Resolution Authorizing the Mayor to Sign an Agreement for
Federal Aviation Administration Project No. AP0005
(Fuel Tax Funds)
Whereas, the City of Brookings desires funding to upgrade the FuelMaster unit for the
Brookings Regional Airport fuel system; and
Whereas, The State of South Dakota Department of Transportation Office of Aeronautics has
approved the use of allocated fuel tax funds for this project No. AP0005; and
Whereas, the Federal Aviation Administration is hereby requested to authorize the project in
accordance with the approved state financial assistance agreement.
Now, Therefore, Be Resolved, that the Mayor is hereby authorized to sign all documents
related to an agreement for the FuelMaster upgrade Federal Aviation Administration Project
No AP0005.
Passed and approved this 12th day of October, 2010.
CITY OF BROOKINGS
__________________
ATTEST: Tim Reed, Mayor
_________________
Shari Thornes, City Clerk
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October 12, 2010
CONSENT AGENDA
H. Action to Abate the 2008 Drainage Fee for Parcel No. 40160-
00200-008-00, the West 25’ of the South 105’ of Lot 8, Block 2,
First Addition, location of the former law office building on the
northeast corner of 3rd Street and 5th Avenue.
The City of Brookings accepted the donation of a parcel of property located at the
northeast corner of 3rd Street and 5th Avenue, which is described as Parcel Number
40160-00200-008-00, the West 25’ of the South 105’ of Lot 8, Block 2, First Addition.
This parcel has been owned by the City of Brookings since 2008 and the former law
office has been removed. It recently came to our attention that there was a drainage
fee of $17.72 in 2008. Since the property was owned by the City in 2008, the drainage
fee should be abated to have a fee of $0.00. Approval of this request will authorize the
Brookings County will abate the drainage fee of $17.72 from Parcel Number 40160-
00200-008-00.
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Open Forum
5. Transportation Study Open House Announcement.
SOUTH DAKOTA DEPARTMENT OF TRANSPORTATION
CITY OF BROOKINGS NOTICE OF PUBLIC INFORMATION MEETING / OPEN
HOUSE
Brookings Area Master Transportation Plan Study
Date: October 19th, 2010
Time: 5:00 PM – 7:00 PM
Place: Brookings City Hall
Lower Level Council Chambers
311 Third Avenue
Brookings, SD
The South Dakota Department of Transportation (SDDOT) and City of Brookings will hold a public
information meeting / open house to receive public input on the Brookings Area Master Transportation
Plan. The open house will be informal allowing for one on one discussion with the study team. The
purpose of the meeting is to introduce area residents to the study, survey area residents to determine
what types of transportation issues they are experiencing today, and to gather ideas for what types of
transportation improvements will enhance the area over the next 20 years.
A brief presentation will take place at 5:30 p.m. SDDOT, City of Brookings, and consultant staff will be
available with displays before and after the presentation to discuss the study and answer your questions.
During this time, you will also have the opportunity to present written comments.
A website, www.BrookingsOnTheMove.com , has been established for the project which will contain
information about the Brookings Area Master Transportation Plan Study. The project can also be
followed on Facebook at www.facebook.com/BrookingsOnTheMove .
Both the website and Facebook page will be active beginning on October 9th, 2010. Please get involved
with the study by filling out a short online survey at www.BrookingsOnTheMove.com/getinvolved and
let us know your thoughts!
Notice is further given to all individuals with disabilities that this open house / informational meeting is
being held in a physically accessible place. Please notify the SDDOT ADA Coordinator at least 48 hours
prior to the open house / informational meeting if you have special needs for which this agency will need
to make arrangements. The telephone number for making special arrangements is 605-773-3540 or 1-
800-877-1113 (Telecommunication Device for the Deaf).
For further information regarding this meeting, contact Steve Gramm, with the SDDOT at (605) 773-
6641 or Jason Kjenstad, Project Engineer with HDR at (605)-977-7740.
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Open Forum
6. Airport Environmental Assessment Open House & Public
Hearing Announcement.
October 1, 2010
FOR IMMEDIATE RELEASE
BROOKINGS REGIONAL AIRPORT (BKX)
Draft Environmental Assessment Update
The City of Brookings will be hosting a Public Open House and Public Hearing for the Airport Dual
Track Study Draft Environmental Assessment. The schedule will be:
When: Monday, November 8, 2010
Where: City Hall Council Chambers, 311 3rd Avenue, Brookings, SD
What time: 6:00 to 7:00 pm Open House
7:00 to 9:00 pm (approximate) Public Hearing
The open house will summarize the Draft Environmental Assessment and show the preferred BKX
Expansion Alternative and the New Airport Alternative. The New Airport Alternative is located in
Trenton Township. A series of drawings showing this information will be displayed beginning at 6:00 pm
and anyone is welcome to come at anytime during this period. For more information, please refer to the
attached official Notice of Public Hearing. Please call Mike Wilson, Brookings Regional Airport
Manager, at 605-697-8664 with questions regarding the Public Open House or Public Hearing.
NOTICE OF PUBLIC HEARING AND AVAILABILITY OF DRAFT ENVIRONMENTAL
ASSESSMENT CONCERNING THE DUAL TRACK AIRPORT PLANNING PROCESS
FOR THE BROOKINGS REGIONAL AIRPORT, BROOKINGS, SOUTH DAKOTA
The City of Brookings, in cooperation with the Federal Aviation Administration and the South
Dakota Aeronautics Commission, announces that a Public Open House will be held from 6:00 pm
to 7:00 pm (local time) with a Public Hearing following immediately after at 7:00 pm (local
time) on November 8th, 2010 at the Brookings City Hall 311 3rd Ave., Brookings, South Dakota.
This hearing is being held to present and discuss the proposed alternatives and the draft
environmental effects of the proposed alternatives. There will be a formal presentation with an
opportunity for comments immediately following the presentation. (Exhibits will be on display).
Representatives from Helms and Associates and HNTB will be available to answer your questions
and receive your comments.
Notice is hereby given of the availability of the Draft Environmental Assessment (dated September
2010) for the proposed alternatives for the Brookings Regional Airport (BKX). A Draft
Environmental Assessment was prepared pursuant to the National Environmental Policy Act of 1969
to assess the environmental impacts associated with the proposed alternatives.
Based on the findings of the BKX Master Plan Update in 2006, the City initiated a process that
examined alternatives that would expand BKX and alternatives that would develop a new
replacement airport – which became known as the Dual Track Airport Planning Process. The City
has sponsored this Dual Track Airport Planning Process Draft Environmental Assessment (EA) to
assess and compare the potential environmental consequences of the selected BKX Expansion
Alternative with the selected New Airport Alternative.
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The Dual Track Airport Planning Process proposes two action alternatives to be presented to the
public and the proposed action will be determined after the Public Hearing. The City of Brookings
proposes to upgrade or relocate the Brookings Regional Airport (Airport). The City will construct,
operate, and maintain the chosen alternative for the Airport. The proposed action will include
unconditional approval of the Airport Layout Plan (ALP) for the chosen action/development items in
the EA for one of the following:
The proposed action will include the issuance of environmental approval to establish
eligibility of the Airport to compete for Federal funding of the development.
The proposed alternatives consist of the following:
BKX Expansion Alternative
This alternative constructs a new approximately 6,000-foot C-II Runway 11-29 with a taxiway on the
north side and an ILS with approach lights at the Runway 11 end. Six Mile Creek will be rerouted
around the proposed runway safety area. This reroute adds approximately 1290’ to the existing creek
and allows for standard safety areas near NW runway end (see Sections 4.7 and 4.8 for more
discussion regarding this proposed creek rerouting.). This alternative also shifts the crosswind
runway 333 feet to the north to remove incompatible land uses from the RPZ. A portion of the
southern and northern RPZs would still be on private property, but they would be within the
setbacks, so no structures could be constructed within either of them. Project includes purchase of
additional land to accommodate this expansion. This would include additional taxiways and
infrastructure for this runway.
New Airport Alternative
This alternative would construct a new airport with an approximately 6,000-foot C-II Runway 12-30
with a full length parallel taxiway, an ILS with approach lights at the Runway 12 end and related
navigational aids. It would construct a 3,600-foot B-I crosswind Runway 04-22, a taxiway on the
west side and related navigational aids. The proposed location of this alternative is southeast of
Brookings approximately 1 ½ miles to the east of the intersection of highway 324 and Interstate 29.
The current Brookings Regional Airport would be decommissioned at the opening of the new airport.
The two proposed alternatives have the potential to impact the following environmental categories;
Air Quality, Compatible Land Use, Construction Impacts, Farmlands, Fish, Wildlife and Plants,
Endangered Species, Floodplains, Historical, Architectural, Archaeological and Cultural Resources,
Water Quality and Wetlands.
Copies of the Draft Environmental Assessment, which explains the proposed alternatives and their
environmental impacts, are available for public inspection during normal business hours at the
following locations:
Federal Aviation Administration, Airports District Office, 2301 University Drive, Building 22,
Bismarck, North Dakota
South Dakota Department of Transportation, Office of Air, Rail and Transit, Becker-Hanson
Building, 700 Broadway Ave. E., Pierre, South Dakota
Brookings City Hall, Engineering Department, 311 3rd Ave., Brookings, South Dakota
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Brookings Public Library, 515 3rd St., Brookings, South Dakota
City of Brookings website at www.cityofbrookings.org
Individuals or organizations wishing to submit comments on the Draft Environmental Assessment
must do so by 5:00 pm, November 15, 2010. Comments should be addressed to:
Bob Babcock, P.E.
Helms and Associates
PO Box 111
Aberdeen, SD 57402
The responsible FAA official for information purposes is:
Patricia L. Dressler Environmental Protection Specialist
Bismarck Airports District Office 2301 University Drive Building 23B Bismarck, ND 58504
Phone: 701-323-7380
"If you require assistance, alternative formats and/or accessible locations consistent with the
Americans with Disabilities Act, please contact the City ADA Coordinator at 692-6281 at least 48
hours prior to the meeting."
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City Council Packet
October 12, 2010
Open Forum
7. 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.
8. 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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City Council Packet
October 12, 2010
Contract Awards / Change Orders
9. Action to approve Resolution No. 93-10, a Resolution Authorizing
Change Order No. 1 (CCO#1) and final payment for Lighting
Efficiency Project, P3 Electric.
The City of Brookings was the direct recipient of an Energy Efficiency Conservation
Block Grant. The City utilized the grant to make lighting efficiency improvements at the
Larson Ice Arena, Holding Barn, Swiftel Center, and Park and Recreation Center
Gymnasium. The original grant agreement with the Department of Energy had a
completion date of March 31, 2010. However, during the construction phase, the City
was able to qualify for a rebate program offered through Brookings Municipal Utilities
and Missouri River Energy Services. The rebate program allowed the City to leverage
the EECBG funds to complete additional lighting efficiency improvements in other
municipal facilities. The additional lighting efficiencies were completed at the Park and
Recreation Maintenance Shop and various restroom facilities throughout the park
system. In addition, the Department of Energy amended the original grant agreement to
extend the completion date. The funding sources for this project are as follows:
EECBG $87,600.00
Rebate #1 $17,288.10
Rebate #2 $ 1,785.00
City $ 36.90
The change order breakdown is as follows:
Original Contract Price: $98,160
Increase/Decrease from previously approved Change Orders: $0.00
Contract price prior to this Change Order: $98,160
Increase of this Change Order: $8,550
Contract Price incorporating this Change Order: $106,710
This resolution will approve Change Order No. 1 (CCO#1) for an increase of
$8,550 to the contract with P3 Electric and will be the final payment and
closeout of the project.
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City Manager Recommendation: Approve
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City Council Packet
October 12, 2010
Resolution No. 93-10
A Resolution Authorizing Change Order No. 1 (CCO#1) and
Final Payment for Lighting Efficiency Project, P3 Electric.
Be It Resolved by the City Council that the following change order be allowed for Lighting
Efficiency Project:
Construction Change Order Number 1
Park and Recreation Maintenance Shop and various restroom facilities lighting efficiency
improvements for a total increase of $8,550.
Passed and approved this 12th day of October, 2010.
CITY OF BROOKINGS
_________________________
ATTEST: Tim Reed, Mayor
____________________________
Shari Thornes, City Clerk
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City Council Packet
October 12, 2010
Second Readings / Public Hearings
10. Ordinance No. 30-10: An Ordinance to rezone the North 720
feet of the South 1,320 feet of the West 313 feet of the SW ¼ of
the NE ¼ of Section I-T109N-R50W from an Agricultural A
District to a Residence R-1B District (17th Ave. So. and 24th St.
So.).
Applicant: Bluegill, Inc.
Proposal: Rezone 5 acres for low-density residential development.
Background: Bluegill, Inc. has been rezoning land in their development in a
piecemeal fashion since 2003. The Future Land Use Plan indicates
residential uses for this area.
Specifics: The proposed rezoning abuts the R-1B District on the west and
north. Density is expected to be similar to the adjacent development plan.
Recommendation: The Planning Commission voted 7 yes and 0 no to
recommend approval of the rezoning.
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City Manager Recommendation: Approve
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City Council Packet
October 12, 2010
Ordinance No. 30-10
An Ordinance to Change the Zoning within the City of Brookings
Be It Ordained By the City of Brookings, South Dakota:
Section 1. That the real estate situated in the City of Brookings, County of Brookings, State of
South Dakota, described as follows, to-wit:
The north 720 feet of the south 1,320 feet of the west 313 feet of the SW ¼ of the NE ¼ of
Section 1-T109N-R50W
be and the same is hereby rezoned and reclassified from an Agricultural A District to a
Residence R-1B district
In accordance with Section 94-7 of Article I of Ordinance 25-02 of the Code of Ordinances of
Brookings, South Dakota, as said districts are more fully set forth and described in Articles III
and IV, Chapter 94 of Ordinance No. 25-02 of the City of Brookings, South Dakota.
Section 2. The permitted use of the property heretofore described be and the same is hereby
altered and changed in accordance herewith pursuant to said Ordinance No. 25-02 of the City
of Brookings, South Dakota.
Section 3. All sections and ordinances in conflict herewith are hereby repealed.
First Reading September 28, 2010
Second Reading and Adoption October 12, 2010
Published October 15, 2010
CITY OF BROOKINGS
________________________
ATTEST: Tim Reed, Mayor
_________________________
Shari Thornes, City Clerk
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City Council Packet
October 12, 2010
Planning Commission
Brookings, South Dakota
September 7, 2010
OFFICIAL MINUTES
Chairperson Alan Gregg called the regular meeting of the City Planning Commission to
order on September 7, 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, John
Sydow, and Gregg. John Gustafson and Dave Kurtz were absent. Others present were City
Engineer Jackie Lanning, City Manager Jeff Weldon, Community Development Director Mike
Struck, Planning and Zoning Administrator Dan Hanson and others.
Item #4 – Bluegill Inc. has submitted a petition to rezone the north 720 feet of the south 1,320
feet of the west 313 feet of the SW¼ of the NE¼ of Section 1-T109N-R50W from an
Agricultural A District to a Residence R-1B District.
(Cameron/Heuton) Motion to approve the rezoning. All present voted aye. MOTION
CARRIED.
SUMMARY OF DISCUSSION
Item #4 – Cameron remarked that the proposed residential zoning conformed to the Vision
2020 Comprehensive Plan for the area.
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Sec. 94-125 RESIDENCE R-1B SINGLE-FAMILY
(a) Intent. This district is intended to provide for areas of residential use with a gross density of
approximately five dwelling units per acre or less. The district permits single-family dwellings and
supportive community facilities such as parks, playgrounds, schools, libraries and churches.
(b) Scope of Regulations. The regulations set forth in this section or set forth elsewhere in
this title, when referred to in this section, are the district regulations of the Residence R-1B Single-
Family District.
(c ) Permitted Uses. Single-family dwelling including accessory uses incidental thereto such as
private garages, parking areas, etc.
(d) Permitted Special Uses. A building or premises may be used for the following purposes in
conformance with conditions prescribed herein:
1. All permitted special uses and conditions as stated in Section 94-124(d)(R-1A).
2. Private school of general instruction.
a. One of the frontages of the premises shall abut upon an arterial or collector
street.
3. Family day care.
a. Restricted to 12 or less children at any one time.
(e) Conditional Uses.
1. Vocational or trade school
2. Retirement or nursing home
3. Two family dwelling
4. Group home
5. Major home occupation
6. Public recreation facility
7. Non-municipal library, museum, art gallery,
8. Private lake
9. Bed and breakfast establishment
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City Council Packet
October 12, 2010
(f) Density, Area, Yard and Height Regulations.
The R-1B district regulations shall be as follows:
Per Min Min Min Min Min Max
Unit Lot Lot Front Side Rear Hgt
Density Area Width Yard Yard Yard
Sq.Ft. Sq.Ft.
Single-Family 10,000 10,000 75' 30' 8' 25' 35'
Two-Family 6,200 12,400 90' 30' 8' 25' 35'
Other Allowable Uses 10,000 75' 30' 10' 25' 35'
Density per family requirements shall not apply to dormitories, fraternities, sororities, nursing
homes or other similar group quarters where no cooking facilities are provided in individual
rooms
(g) Accessory Uses. Accessory uses and building permitted in the R-1B District are buildings
and uses customarily incidental to any of the permitted uses in the district.
(h) Parking Regulations. Parking, loading and stacking within the R-1B District shall be in
conformance with the regulations set forth in division 4 of article VI of this chapter
(i) Sign Regulations. Signs within the R-1B District shall be in conformance with the
regulations set forth in division 5 of article VI of this chapter
(j) Other Regulations. Development within the R-1B District shall be in conformance with the
regulations set forth in article II of this chapter
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Other Business
11. Purchase / Installation of Remote Marquee Sign for the Swiftel
Center.
TO: Mayor and City Council Members
FROM: City Manager Jeff Weldon
RE: Purchase/installation of remote marquee sign for Swiftel Center
Approximately one year ago, at the October 13, 2009 City Council meeting, the
Council unanimously approved a motion allowing for the purchase and installation of a
remote advertising pylon sign for the Swiftel Center to be located in front of the Fire
Station on Sixth Street (see enclosed minutes). We anticipated financing the sign with
savings from the lighting project. The electronic message sign was the previous on-site
marquee sign which has since been in storage.
Since that time, a few issues have changed which is why I am bringing the issue back to
you for reconsideration.
First, upon further research of the fire station property, we learned the State DOT
owns a small parcel as part of the right-of-way in front of the station and would not let
us install the sign in that location.
Second, the electronic sign is not in as good a shape as we originally thought and is close
to the end of its useful life so it would not be wise, in our opinion, to install this
electronic sign we can expect to be soon worn out as an insert to a new sign.
As such, we have an alternative plan. We would like to install the remote sign at the
22nd Avenue fire station location instead of Sixth Street. This location has approximately
14,000 vehicles per day so the visibility is very good. Second, Daktronics has offered to
sell us a double-faced electronic message board at a reduced price of $13,000 for the
new electronic reader board. It is a demo model and is a much better sign than our old
one we originally intended to use.
As a result of these changes, the total package price is more expensive than what you
originally approved. A year ago, we estimated the price to be $20,000 using our current
sign. The total price estimate now for the pylon sign, installation, and purchase of the
Daktronics reader board is $32,390. Fortunately, we still have much more than this
amount of savings from the lighting improvements so we can still afford to do this
project. It will greatly improve advertising for upcoming events.
Because these are changes from your initial approval, I thought it would be important to
revisit the issue but my staff recommendation remains to move forward with the
project.
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Brookings City Council Minutes excerpt
October 13, 2009
The sign proposed to be placed at the East Fire Station is currently part of the fixed assets. It is
the previous Swiftel Center sign. The purpose of putting it on this location is to provide for
advertising of coming events at the Swiftel Center. The sign would be hard-wired into the Fire
Station. Tom Richter estimated $21,000 for construction of the posts and pylon along with
some electrical connection charges.
ACTION: A motion was made by Whaley, seconded by Bezdichek, to direct the City Manager
and Tom Richter, Swiftel Center Executive Director, to proceed with planning and
development for the proposed sign at the East Fire Station. Council Discussion: Reed questioned
if this was going to need a budget change. Weldon stated only to the extent that it is not an itemized
amount in the capital improvement program for the Swiftel Center. Reed asked for clarification if
something else in the budget would be replaced. Yes, Weldon stated, they probably would have to
replace something else. For example, there is an allotment for the lighting project. No bids have been
sought yet, so if there are some funds available as a result of low bids, they would like to be able to use
those funds for the sign. They believe this sign will have a significant impact on the marketing of the
facility. All present voted yes; motion carried.
City Manager Introduction
Action: Motion to Approve, Request Public Comment, Roll Call
City Manager Recommendation: Approve
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City Council Packet
October 12, 2010
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12. Adjourn.