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HomeMy WebLinkAbout2010_10_26 CC PKT Brookings City Council Tuesday, October 26, 2010 City Hall Council Chambers 311 Third Avenue 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. Economic Development Topics. 2. Brookings Health Systems & Brooking Municipal Utilities Financial Reporting Process. 3. City Council Member Ex-Officio Reports. 4. Joint Powers Board members’ Report. 5. City Council member introduction of topics for future discussion.* 6. Council Invites & Obligations. *Any Council member may request discussion of any issue at a future meeting only. Items 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. 94-10, authorizing the City Manager to sign a Grant Award to accept a COPS Grant. D. Action to approve a revised Preliminary Plat of a portion of the Bluegill Addition in the South ½ of the NE ¼ of Section 1-T109N-R50W. E. Request approval to add an additional police officer position to the 2010/2011 Budget. Action: Motion to Approve, Request Public Comment, Roll Call *Matters appearing on the Consent Agenda are expected to be non-controversial and will be acted upon by the Council at one time, without discussion, unless a member of the Council or City Manager requests an opportunity to address any given item. Items removed from the Consent Agenda will be discussed at the beginning of the formal items. Approval by the Council of the Consent Agenda items means that the recommendation of the City Manager is approved along with the terms and conditions described in the agenda supporting documentation. 1 2 Open Forum 5. Recognition of Brookings 2011 Governor’s Award Nominee. 6. Open Forum. 7. SDSU Student Senate Report. Contract Awards / Change Orders 8. Action on Resolution No. 95-10, authorizing Final Change Order for Edgebrook Golf Course Irrigation Improvement Project. Action: Motion to Approve, Request Public Comment, Roll Call First Readings: 9. Ordinance No. 33-10: An Ordinance Amending Article I of Chapter 6 of the Code of Ordinances of the City of Brookings and pertaining to the Sale of Alcoholic Beverages on Memorial Day in the City of Brookings. Public Hearing: November 9th 10. Ordinance No. 34-10: An Ordinance Repealing Ordinance Section 6-43 and Pertaining to Temporary On-Sale Alcoholic Beverage Licenses for use at a Convention Hall in the City of Brookings, South Dakota. Public Hearing: November 9th 11. Ordinance No. 35-10: An Ordinance pertaining to an Application for a Conditional Use for a Major Home Occupation (Portrait Studio) on Lot 4, Block 15, East Acres Second Addition within the City of Brookings (1610 Derdall Drive). Public Hearing: November 9th 12. Ordinance No.36-10: An Ordinance to Rezone Lots 1 through 5, the South 50 feet of Lots 6 and 7, and Lot G, Block 3, First Addition from a Business B-2A and B-2 District to a Business B-1 District (5th Avenue and 3rd Street). Public Hearing: November 9th ** No vote is taken on the first reading of an Ordinance. The title of the Ordinance is read and the date for the public hearing is announced. Other Business 13. Action on Resolution No. 96-10, Setting Policy on City Participation in the Construction of Arterial and Collector Streets. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 14. 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 City Council Packet October 26, 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. Economic Development Topics. Mayor Reed acquired the enclosed document at a National League of Cities Conference earlier this year. It provides communities and local economic development agencies with 10 basic steps in developing an economic development strategy. We’d like to discuss the first five of the “top 10 list” at this work session and the remainder are scheduled for discussion at the November 23rd work session. Please take note that the discussion will focus on the “taking action, asking questions” sections, located at the end of each topic. #1: Your Local Economic Strengths #2: Your Community’s Place in the Broader Regional Economy #3: Your Community’s Economic Development Vision and Goals #4: Your Community’s Strategy to Attain Its Goals #5: Connections Between Economic Development and Other City Policies 3 Christiana McFarland Director Finance and Economic Development Program Katie Seeger Senior Associate Finance and Economic Development Program The Role of local elecTed officials in economic developmenT 10 Things You Should Know 1 national league of cities | center for Research and innovation Table of contents introduction 3 1. Your local economic strengths and weaknesses 5 City Example: San Buenaventura, Calif. (Ventura) 2. Your community’s place in the broader regional economy 7 3. Your community’s economic development vision and goals 9 City Example: Mission, Kan. 4. Your community’s strategy to attain its goals 11 City Example: Littleton, Colo. 5. connections between economic development and other city policies 13 City Example: Economic Prosperity Element, San Diego, Calf. 6. Your regulatory environment 15 7. Your local economic development stakeholders and partners 17 City Example: Garland, Texas 8. The needs of your local business community 19 City Example: New York, New York 9. Your community’s economic development message 21 10. Your economic development staff 23 conclusion 25 about The authors 27 about nlc 29 3 national league of cities | center for Research and innovation introduction Economic development is the process of building strong, adaptive economies. Strategies driven by local assets and realities, a diverse industry base and a commitment to equality of opportunity and sustain- able practices have emerged as those that will ensure a strong foundation for long-term stability and growth. Even within the parameters of these principles, what constitutes success in economic develop- ment and the specific strategies to accomplish it will look different from place to place. Despite these differences, leadership is consistently identified as a critical factor in effective economic development. Dedicated leadership is needed to raise awareness, help develop and communicate a common vision, and motivate stakeholders into action. Although leadership can come from many places within the community, local elected officials are particularly well-positioned to take on this role. The political influence of elected leadership is critical to helping communities stay the course toward a vibrant economic future. From the bully pulpit to the design and coordination of public policies, mayors and councilmembers have opportunities every day to effect change and promote a strategic vision of eco- nomic growth for their community. The goal of this guide is not to provide a one-size-fits-all solution to economic development or even to offer an Economic Development 101. Nor does this guide contend that elected officials should be economic development experts. The goal is instead to identify fundamental ways elected officials can become informed and strategic decision-makers who can connect the policy “dots,” be effective com- municators and take a leadership role in economic development. The guide is based on the premise that elected officials can and should actively participate in and lead long-term development strategies that make sense for their community. The format of the guide is a “top 10 list” of things elected officials should know about economic devel- opment in order to be effective leaders. These include: 1. Your local economic strengths and weaknesses. A stronger understanding of your community’s economic profile will help you create a realistic vision and strategies for economic development. 2. Your community’s place in the broader regional economy. With a firmer grasp of how your community fits into the broader region, you’re better prepared to work with other jurisdictions to share responsibility for regional economic success. 3. Your community’s economic development vision and goals. Local elected offi- cials can play a key role in building consensus for a vision and goals that provide clear direction for local economic development. 4. Your community’s strategy to attain its goals. A strategic approach means linking economic development goals to specific activities, allocating a budget and staff to these activities and evaluating performance based on measurable outcomes. 5. Connections between economic development and other city policies. When crafting economic development policies, it is essential to consider how other city policies (e.g., transportation or housing) affect your economic development goals. 4 The Role of local elected officials in economic development | 10 Things You should Know 6. Your regulatory environment. Your community’s regulatory process should allow for timely, reliable and transparent resolution of issues facing businesses, while still remaining true to your long-term economic development vision. 7. Your local economic development stakeholders and partners. Local officials should think strategically on a project-by-project basis about who needs to be involved, the resources they bring to the table, and what it will take to get them engaged. 8. The needs of your local business community. Local officials can help create an environment that supports the growth and expansion of local businesses, primarily by opening lines of communication. 9. Your community’s economic development message. You will want a clear, accurate and compelling message that reflects your local vision and that helps ensure broad support for economic development projects undertaken by the city and its partners. 10. Your economic development staff. Local elected officials will be more effective in leading economic development activities to the extent that they forge strong relationships with staff members who work on these issues on a daily basis. 5 national league of cities | center for Research and innovation 1. Your local economic strengths and Weaknesses Your community’s strengths and weaknesses, such as quality-of-life amenities, infrastructure and work- force skills, determine the potential of your local economy to support economic growth. This economic profile lays the foundation for creating a realistic vision and strategic direction for economic success that is unique to your community. Information about your local economy can also help engage and educate constituents and build community support for economic development decisions. assessing YouR local economY Important Factors Key IndIcators economic conditions Unemployment, types and sizes of firms/industries, wages, income, new business starts, retail sales, housing prices, types of imports and exports, number of businesses closed population characteristics Population size and growth, age, education level labor force characteristics Labor force participation, occupations, skills, commuter characteristics, productivity physical conditions Land use, zoning, land values, condition of buildings, vacancy rates, building activity, parking facilities, condition and capacity of infrastructure, air and water quality Business climate Community attitudes, labor relations, business taxes and regulations, level and quality of municipal services, workforce training, access to and cost of capital, public and private infrastructure Knowledge-based resources Federal labs, science and research parks, industry incubators, colleges and universities, technical training schools Quality of life Housing availability, public services, education system, crime rate, cultural and recreational activities, parks and other natural amenities Source: Economic Development Strategic Planning. International Economic Development Council, Washington, D.C., 2006, pp. 44-48. With the assistance of your economic development staff and input from stakeholders, you can iden- tify factors within and outside of the control of local government that impact and shape your local economy. Identifying strengths and opportunities is crucial, but local officials also should pay attention to weaknesses and potential threats. For example, what industries in your community and region are growing or struggling? What are the skills of your workforce, and are they sufficient to meet the needs of business? What barriers and sup- 6 The Role of local elected officials in economic development | 10 Things You should Know port services exist for local entrepreneurs and small businesses? Is the local and regional housing stock diverse enough to provide for a wide range of housing needs? All of these factors should be understood in comparison to other communities and in the context of broader economic trends. As a result of this process, you will have a stronger sense of your unique local assets, as well as what you can and should be doing to build on strengths and mitigate weaknesses. Taking action, asking Questions  What unique strengths can your community build on for economic development and growth?  What weaknesses pose a barrier to economic development? To what extent can you mitigate these weaknesses – and how?  How do your community’s strengths and weaknesses compare to those in other communities?  How are economic conditions changing in your city and region? san Buenaventura, calif. (ventura) (population 109,000) After many decades of slow economic growth, the traditionally blue-collar City of San Buenaventura began to realize that its anti-business reputation had actually been undermining its economic prosperity. The city had very few middle class jobs and a limited industrial base and service sector. Moreover, many high-tech firms were heavily concentrated in much of the city’s surrounding area and seemed to bypass Ventura when making location decisions. Through an analysis of the community’s strengths and weaknesses, city leaders in Ventura determined that the city’s location between two high-tech hubs, its pool of entrepreneurs and venture capitalists and significant quality of life amenities placed them in a unique position to expand high growth technology sectors. The city developed and pursued a strategic plan for economic development, including new activities to increase the local tax base, diversify the economy and create high value, high wage jobs. The city created a self-sustaining fund to support the new plan, specifically growth of businesses from within the community, by using a $5 million loan payoff from the Redevelopment Agency. The Jobs Investment Fund (JIF) provides “mezzanine capital” to expansion projects or venture capital to new projects as either loans or direct investments. JIF, managed by a private invest- ment partner, allows for a higher return potential to the city than is traditionally available with a standard investment portfolio. Constituents have expressed concern that the city has too great a risk exposure in these investments. “There are requests that we redirect the money from the fund back to general government operations each time we face additional budget cuts, but due to political will and improved communications with our constituents, so far we have been able to maintain funding,” said Councilmember Neal Andrews. City leaders have made a special effort to bring community opinion leaders into a position where they understand what JIF is about and why it’s important. JIF has allowed the city to engage in a number of business development activities, including capital raising conferences, entrepreneurship events and a business incubator. As of January 2010, 10 firms have located in the incubator, and in 2008, Forbes magazine ranked Ventura number 68 on the “Small Business list of 100 best places to live and launch a business.” Contact: City of Ventura Department of Economic Development Phone: (805) 677-3935 7 national league of cities | center for Research and innovation 2. Your community’s place in The Broader Regional economy Understanding your local economy also means knowing how your community fits into the broader region. Although increased competition for jobs, tax base and private investment can put political pressure on elected officials to go toe-to-toe with neighboring jurisdictions, the reality is that local eco- nomic success depends on regional economic success. This is particularly true in the context of the global economy, where economic competition may not be with your neighbor, but with a city in China, India or Ireland. Firms engaged in global economic activity rely on a breadth of resources available in a region, including workers, transportation, housing, and amenities. In nearly all cases, one community does not have full capacity needed to support these activities. Cities that focus on competition within the region, instead of collaborating for economic development, are placing their economic future at risk. With a firmer grasp of your community’s place in the region, you’re better prepared to work with other jurisdictions to share responsibility for promoting regional economic success. Cities in the Denver region, for example, work together to draw businesses and other economic activity to the region while agreeing not to compete or offer incentives to firms to locate in their specific communities. Similarly, many cities work together on regional marketing efforts, typically via participation in a regional coun- cil. These collaborative efforts attract firms, investment, and employment that benefit the entire region. Participating in regional activities may present some political difficulties if the local economic benefits are not well understood by your constituents. Local elected officials should be prepared with the facts about how regional economic success translates into improved employment opportunities, tax base, or amenities for your city and the people who live there. Local officials can work with their staff to craft a clear, accurate message about their involvement in regional activities, and communicate this message to community through the media, neighborhood meetings or other public venues. It can serve as a start- ing point for a community dialogue about the importance of regional collaboration to local success. Taking action, asking Questions  How do you define your economic region?  How does the economic strength of your city depend on what happens in other cities and towns in the region? How does regional eco- nomic activity provide direct or indirect ben- efits to your community?  What assets does your community contribute to the regional economy (e.g., workers, hous- ing, amenities, transportation)?  What regional organizations, partnerships and/or activities already exist? To what extent is your community involved? “Too many local governments still act as if they have the luxury of merely competing with each other for tax base, especially within their region. But economi- cally this is a sideshow or a delusion. The real eco- nomic competition is global and competing effectively requires regional collaboration.” William Barnes, The Economic Development Game Has Changed, Nation’s Cities Weekly, 1/11/2010 8 The Role of local elected officials in economic development | 10 Things You should Know 9 national league of cities | center for Research and innovation 3. Your community’s economic development vision and goals A primary challenge in the practice of economic development is choosing among many competing pri- orities and various activities. A clear economic vision and goals are needed to provide a framework for strategically assessing and coordinating these efforts. The vision stems from the community’s values, its collective sense of local economic strengths and weaknesses, and consensus on a desired future. Goals are more tangible expressions of the vision and provide specific direction for actions. For example, the City of Albuquerque, New Mexico’s economic development initiative “thrive!ABQ” identifies the city’s economic vision as a city with a vibrant business climate that’s accessible, user-friendly and welcoming to all. The three primary goals of “thrive!ABQ” are:  Albuquerque First: Retain existing businesses and industries by fostering partnerships with local businesses and increasing spending in the community.  Albuquerque Easy: Remove barriers to conducting business within the city.  Albuquerque Recruits: Make the city an attractive place for businesses to locate. According to the American Planning Association’s Economic Development Toolbox (2006), a sound eco- nomic vision and goals should: 1. Balance what the jurisdiction would like to achieve with what resources and public sup- port the jurisdiction can realistically expect to muster in support of that vision. 2. Be consistent with the role of the jurisdiction’s economy in the larger regional and state economies. 3. Be understandable to citizens without technical training or experience in economic development. 4. Be produced in a way that makes it possible to incorporate it in the jurisdiction’s comprehensive plan. If your city already has an economic development vision, make sure your policy decisions reflect the principles in the vision. In cities that do not have an economic vision, local elected officials can help initiate a community visioning effort. A well-designed vision- ing process will surface an array of ideas, opinions and objectives from a diverse group of stakeholders. An important role for elected officials is to help bring peo- ple to consensus and agreement on a common purpose. “There are many possible economic futures for any given jurisdiction, there are some impossible ones as well. The challenge is to decide on a future that is not only desirable, but also possible given the factors that constrain it.” Terry Moore, Stuart Meck, and James Ebenhoh. An Economic Development Toolbox. American Planning Association, Washington, D.C. October 2006, p. 34 10 The Role of local elected officials in economic development | 10 Things You should Know Taking action, asking Questions  Does your community have a clearly stated vision and goals for economic development? If so, what are they?  Does the vision reflect the community’s values as well as its strengths and weaknesses?  Do your constituents and key stakeholders understand and agree upon the community’s vision and goals?  To what extent do local government policies support the vision and goals? mission, Kan. (population 9,727) Mission, a community less than three square miles in area, was at a crossroads when many large parcels of land became available for redevelopment. In response, the city began a planning process that involved all facets of the community, including residents, businesses and shoppers, to create a vision that would serve as the framework for future development. The vision, which ultimately called for more compact, walkable, and sustainable development, was challenged when Mission was offered a lucrative deal by a big-box developer. With a strong commitment to the vision, Mission denied the big-box store and has accepted an offer for a new mall from a developer who has embraced the city’s vision for a vibrant, pedestrian-friendly, mixed-use destination. Although the developer typically works on retail projects only, his collaboration with the city and understanding of the community vision has led him to include residential, hotel, office and entertainment as potential project components. The city’s resolve to stick with its vision also resulted in overwhelming community support for the project. Instead of Not in My Back Yard opposition, city officials received acclamation from those attending its Planning and Zoning hearings. Among the most common questions the city received from residents: “When will the project be complete?” Contact: City of Mission Department of Community Development Phone: (913) 676-8350 E-mail: MRivarola@missionks.org 11 national league of cities | center for Research and innovation 4. Your community’s strategy To attain its goals Once the economic development vision and goals are defined, it is important that they not be shelved, but that they guide and determine you community’s economic development strategy. If the community has been involved in the process and believes in the vision and goals, residents will hold political leader- ship accountable for putting them into practice. Strategic implementation of the economic development vision involves linking economic development goals to specific activities, allocating a budget and staff to these activities, and evaluating performance based on specific, measurable, agreed-upon outcomes. There are many local activities that can be used to accomplish your city’s long-term economic vision. The types of economic development policies and tools pursued by your community will depend on those permitted by your state, as well as how your local government perceives its role in stimulating private sector economic activity. The traditional local government role in economic development is to facilitate economic activity by offsetting the cost of doing business in your community (in terms of time, opportunity and money). Strategies include land assembly, modifying the permitting process and providing job training. More entrepreneurial roles, as well as strategies that more directly address the demand for local products, may include seeding and investing in local small businesses, matching gaps in supplier/buyer linkages and international trade promotion. Local elected officials can work with city staff, businesses and other stakeholders in the community to educate themselves about the types of programs and tools that are available to them and to decide which economic development role is best for their city. You can also look to “best practices” in other communities; however, it is important to remember that economic development activities that work in one place will not necessarily work in another. Following economic development fads or strictly replicating another city’s approach without putting it in the con- text of your community is a recipe for failure. Instead, elected officials can learn how and why another city was successful and adapt those practices to local realities. Elected officials should also work with their staff to determine a set of expected outcomes, the neces- sary level of resources (staff and budget) needed to achieve these outcomes and performance metrics to evaluate and measure them. In the context of short-term political cycles, it may be tempting to stray from the strategy and only consider economic development in terms of traditional, more tangible suc- cesses, such as attracting a new, large employer. For this reason, it is important that elected officials and staff agree upon, are committed to and accurately measure even incremental economic achievements. This will allow political leaders to demonstrate success and champion all various ways the community is supporting economic activity. Strategic implementation of economic development, from selecting activities that support the vision to accurately measuring progress, enables local governments to be more responsive in an increasingly com- plex and uncertain economic environment. It allows the community, staff and elected officials to be part of a “continuum” of leadership and to make more deliberate progress toward long-term economic success. 12 The Role of local elected officials in economic development | 10 Things You should Know Taking action, asking Questions  How do your goals drive everyday actions to develop and grow your local economy? Can you develop better strategies, if needed, which make sense for your community?  What is the general orientation of your local government toward supporting private sec- tor economic activity? What tools is your city willing to and able to use?  Is your city’s budget and staffing aligned with its strategies for economic development?  How will you measure and evaluate your city’s economic development efforts over time?  What can you do to celebrate incremental successes? littleton, colo. (population 43,055) In 1987, the City of Littleton pioneered an entrepreneurial alternative to the traditional economic development practice of recruiting industries. The “economic gardening” program, developed in conjunction with the Center for the New West, is as an effort to grow local jobs through entrepreneurial activity. The approach is based on research that indicates the great majority of all new jobs in any local economy are produced by small, local businesses already in the community. According to Chris Gibbons, Littleton’s director of business/industry, an entrepreneurial approach to economic development has several advantages over attraction strategies. First, the cost per job is much less than the $250,000 to $300,000 incentives typical in major relocations. Second, the investment is in the community and its infra- structure; should a business choose to leave, it does not take that investment with it. Third, it is a healthier approach in that a community’s future is no longer tied to the whims of an out of state company. Its future is entirely a function of its own efforts and investments. Littleton’s economic strategy focuses on creating a nurturing environment for entrepreneurs and “second-stage” companies, those with 10-99 employees and/or $750,000-$50 million in receipts. In a typical engagement, the city’s Economic Gardening team will assist a company with core strategy, market analysis, competitor intelligence, and other priority tasks. Since the start of the program, Littleton’s job base has grown from 15,000 to 30,000, the retail sales tax has tripled from $6 million to $21 million, and the population has grown by 23 percent. Contact: City of Littleton Business/Industry Affairs Phone: (303) 795-3749 13 national league of cities | center for Research and innovation 5. connections Between economic development and other city policies It would be nearly impossible to list all of the various ways in which local government policies interact and overlap. When crafting economic development policies, it is essential to consider how other city policies support or discourage your economic development goals. For example, are your transportation initiatives supporting local retail? Are your local workforce training programs aligned with your sustain- ability plans? Is the regional housing stock adequate to meet the needs of workers in your community? By thinking about policies holistically, you can avoid detrimental policy interactions and create an environment for different policies to support and enhance each other. Policy integration has become even more important over the past 30 years as the drivers of economic growth have broadened significantly. Today, the scope of economic development and the interests and needs of the business community extend well beyond market access and transportation networks. Social and professional networks, educational institutions, quality-of-life amenities, talent and work- force skills and housing are important assets that contribute to your community’s economic profile. Additionally, there is increased recognition that improvements in economic equity and the natural environment are critically important to a strong local economy. For example, the City of Portland, Ore., has created a Sustainable City Partnership to foster a collabora- tive, citywide effort to integrate sustainable practices and resource efficiency into municipal operations and to strengthen existing policies and efforts. A primary partnership role for city officials and staff is to develop connections between environmental quality and economic vitality. The city has encouraged sustainable business practices and has leveraged sustainability as a key economic sector. One strategy to ensure that all of the various sources of economic growth and the key elements impact- ing economic development are coordinated is to develop your economic development activities in con- junction with your community’s comprehensive planning process. Some communities have formalized this process through implementation of an Economic Prosperity Element (page 14). Taking action, asking Questions  How do other city policies — in areas from transportation and housing to public safety — affect your goals for economic development?  To what extent does your city need to change existing policies so they are aligned with and support the economic development vision and goals?  How often do various city departments communicate? To what extent is there a shared under- standing of and commitment to successful economic development across city government?  Are your city’s economic development strategies and goals reflected in the comprehensive plan? Can you add an Economic Prosperity Element to the plan? 14 The Role of local elected officials in economic development | 10 Things You should Know economic prosperity element by William Anderson, Director, City Planning & Community Investment Department, City of San Diego (American Planning Asso- ciation Economic Development Blog 5/17/2010) Many cities and counties are adding Economic Prosperity or similar elements to their General Plans. These elements help strengthen the link between a jurisdiction’s comprehensive plan and economic development. While most factors that influence economic development are beyond a local area’s control, such as macro-economic trends, international competition, interest rates, financial markets, local jurisdictions do have control of factors that can make them more or less competitive in the region, nation, or world. Some of these local factors are traditionally addressed in General Plans, such as land use capacity for industries and targeted sectors, infrastructure efficiency and cost, quality-of-life, housing affordability for the workforce, and environmental quality. Other local factors are not as directly related to land use policies, such as workforce training, education, and access to capital. These factors may be the purview of other organizations and agencies, but are also critical. An Economic Prosperity Element, especially one tied to a regional economic development strategy, can bridge and coordinate these factors and take the General Plan beyond the role of just land use policy. It can also serve as the element that connects a region’s economic development strategy focused on the needs of export-oriented base sectors, to the opportunities for community-level economic development. Contact: City of San Diego Department of City Planning & Community Investment Phone: (619) 235-5200 E-mail: AndersonW@sandiego.gov City Council Packet October 26, 2010 5:00 P.M. WORK SESSION ** Work sessions are open to the public. During the work session the city staff would brief the council on items for that particular meeting, introduce future topics, and provide a time for Council members to introduce topics. 2. Brookings Health Systems & Brookings Municipal Utilities Financial Reporting Process. Pursuant to Council direction from the Special Policy Review Meeting on September 15, 2010, the City Council requested additional review and discussion regarding the financial reporting schedule of the Brookings Municipal Utilities and Brookings Health Systems. 18 City Council Packet October 26, 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. 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 19 City Council Packet October 26, 2010 5:00 P.M. WORK SESSION ** Work sessions are open to the public. During the work session the city staff would brief the council on items for that particular meeting, introduce future topics, and provide a time for Council members to introduce topics. 4. 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 20 City Council Packet October 26, 2010 5:00 P.M. WORK SESSION ** Work sessions are open to the public. During the work session the city staff would brief the council on items for that particular meeting, introduce future topics, and provide a time for Council members to introduce topics. 5. City Council member introduction of topics for future discussion. Any Council member may request discussion of any issue at a future meeting only. Items cannot be added for action at this meeting. A motion and second is required starting the issue, requested outcome, and time. A majority vote is required. 21 City Council Packet October 26, 2010 5:00 P.M. WORK SESSION ** Work sessions are open to the public. During the work session the city staff would brief the council on items for that particular meeting, introduce future topics, and provide a time for Council members to introduce topics. 6. Council Invites & Obligations. Date Day Event & Brief Description Time Location / Town / Address / Directions 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 Envir. Assess. 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 10 Wednesday Community Action Poverty Simulation Morning or afternoon Old Sanctuary 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 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 March 21-25 Monday- Friday Board of Equalization City Hall Meeting Room October 4-7 Tuesday- Friday SDML Annual Conference Sioux Falls, SD November 8-12 Tuesday- Saturday NLC Congress of Cities Phoenix, AZ 22 City Council Packet October 26, 2010 23 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. 94-10, authorizing the City Manager to sign a Grant Award to accept a COPS Grant. D. Action to approve a revised Preliminary Plat of a portion of the Bluegill Addition in the South ½ of the NE ¼ of Section 1-T109N-R50W. E. Request approval to add an additional police officer position to the 2010/2011 Budget. Action: Motion to Approve, Request Public Comment, Roll Call Open Forum 5. Recognition of Brookings 2011 Governor’s Award Nominee. 6. Open Forum. 7. SDSU Student Senate Report. Contract Awards / Change Orders 8. Action on Resolution No. 95-10, authorizing Final Change Order for Edgebrook Golf Course Irrigation Improvement Project. Action: Motion to Approve, Request Public Comment, Roll Call First Readings: 9. Ordinance No. 33-10: An Ordinance Amending Article I. of Chapter 6 of the Code of Ordinances of the City of Brookings and pertaining to the Sale of Alcoholic Beverages on Memorial Day in the City of Brookings. Public Hearing: November 9th 10. Ordinance No. 34-10: An Ordinance Repealing Ordinance Section 6-43 and Pertaining to Temporary On-Sale Alcoholic Beverage Licenses for use at a Convention Hall in the City of Brookings, South Dakota. Public Hearing: November 9th 11. Ordinance No. 35-10: An Ordinance pertaining to an Application for a Conditional Use for a Major Home Occupation (Portrait Studio) on Lot 4, Block 15, East Acres Second Addition within the City of Brookings (1610 Derdall Drive). Public Hearing: November 9th 12. Ordinance No.36-10: An Ordinance to Rezone Lots 1 through 5, the South 50 feet of Lots 6 and 7, and Lot G, Block 3, First Addition from a Business B-2A and B-2 District to a Business B- 1 District (5th Avenue and 3rd Street). Public Hearing: November 9th Other Business 12. Action on Resolution No. 96-10, Setting Policy on City Participation in the Construction of Arterial and Collector Streets. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 13. Adjourn. City Council Packet October 26, 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. 94-10, authorizing the City Manager to sign a Grant Award to accept a COPS Grant. D. Action to approve a revised Preliminary Plat of a portion of the Bluegill Addition in the South ½ of the NE ¼ of Section 1- T109N-R50W. E. Request approval to add an additional police officer position to the 2010/2011 Budget. *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 24 City Council Packet October 26, 2010 CONSENT AGENDA #4 B. Action to approve City Council Minutes. The draft October 12th Brookings City Council minutes are enclosed for Council review and approval. 25 City Council Packet October 26, 2010 Brookings City Council October 12, 2010 (unapproved) The Brookings City Council held a meeting on Tuesday, October 12, 2010 at 5:00 p.m., at City Hall with the following members present: Mayor Tim Reed, Council Members John Kubal, Keith Corbett, Mike McClemans, Tom Bezdichek and Jael Thorpe. Council Member Mike Bartley was absent. City Manager Jeff Weldon, Assistant City Attorney Dick Smith and City Clerk Shari Thornes were also present. Review of 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. A motion was made by Corbett, seconded by Bezdichek, to refer this issue to the City Manager and staff for submittal to the Planning Commission for hearings and action and subsequently bringing forward an ordinance for City Council review and possible approval. Discussion: Troy Hicks asked the city to consider permitting businesses to install small rooftop turbines. All present voted yes; motion carried. Review of recommended amendments to current Street Development Policy. A motion was made by McClemans, seconded by Kubal, to move this policy forward for council action. All present voted yes; motion carried. Review of draft ordinances pertaining to Temporary Alcohol Licenses and Memorial Day Alcohol Sales. There was consensus to move ahead with both ordinances. Joint Powers Board Update. Kubal reported the next meeting will be held October 13th. The agenda will include a conference call with the construction manager and architect on value engineering options. At their last meeting, the Board looked at a schematic design cost estimate summary and followed up on a request to break down estimated square footage costs of city (48%) and county (52%). Mayor Reed noted the current estimated cost per square foot is $167/sq. ft., and to be within the budget range, that number would need to get below $160 sq. ft. He commented the Board may need to consider other alternatives to reduce costs. Topics for future discussion. Mayor Reed and Al Heuton, BEDC Director, recently attended a national economic development council conference and found that Brookings is doing many things correctly. Hot topics include university/research, town and gown relationships, technology transfer, and “deal pipeline.” 26 City Council Packet October 26, 2010 Signs. A motion was made by Reed, seconded by Corbett, to request review of the sign ordinance, specifically related to political signage. All present voted yes; motion carried. Bike Trail. A motion was made by Thorpe, seconded by McClemans, to schedule as an action item, direction to staff as to what part of the bike lane plan to move forward with. All present voted yes; motion carried. Storm Water Detention/Retention. A motion was made by McClemans, seconded by Reed, to review the detention/retention information and policy. All present voted yes; motion carried. 6:00 P.M. REGULAR MEETING. Consent Agenda. A Hall of Fame presentation was added to the agenda. Resolutions No. 89-10 and No. 90-10 were removed from the consent agenda. A motion was made by McClemans, seconded by Thorpe, to approve the consent agenda as follows: A. Action to approve the agenda as amended. B. Action to approve the September 28th City Council Meeting minutes. C. Action on Resolution No. 91-10, establishing a Streetlight Policy. 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. 27 City Council Packet October 26, 2010 D. Action on Resolution No. 92-10, declaring Surplus Property Engine #4: 1995 Spartan Pumper Firestar 2000. 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. E. 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). 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. F. 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. On the motion, all present voted yes; motion carried. SDML Hall of Fame. Bob McGrath and Allyn Frerichs were honored for their service to the City of Brookings by being inducted into the SDML Hall of Fame. McGrath has worked for the City for 31 years as Director of Solid Waste Management and Deputy Health Officer and Frerichs has worked for the City for 49 years as Director of Park, Recreation and Forestry. 28 City Council Packet October 26, 2010 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. A motion was made by Kubal, seconded by McClemans, to approve Resolution No. 89-10. All present voted yes; motion carried. 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 15th 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. Action on Resolution No. 90-10, amending the Council Vacancy Policy. A motion was made by Thorpe, seconded by Kubal, to approve Resolution No. 90-10. All present voted, motion carried. Resolution No. 90-10 City Council Policy: City Council Vacancy Adopted: September 23, 2003 Amended: October 12, 2010 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: (a) 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 29 City Council Packet October 26, 2010 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. 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 (date). Applicants are to submit an application and any other pertinent information to the City Manager not later than (date) at 5:00 p.m. The City Council will take action to approve this appointment to the Council on or before (date). 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 (date) 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. 30 City Council Packet October 26, 2010 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. 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. 31 City Council Packet October 26, 2010 Resolution No. 93-10. A motion was made by Corbett, seconded by McClemans, to approve Resolution No. 93-10, authorizing Change Order No. 1 (CCO#1) and final payment for Lighting Efficiency Project, P3 Electric. No public comment was made. All present voted yes; motion carried. 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. Ordinance No. 30-10. A public hearing 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.). No public comment was made. A motion was made by McClemans, seconded by Kubal, to approve Ordinance No. 30-10. All present voted yes; motion carried. Swiftel Center Remote Marquee Sign. A motion was made by Kubal, seconded by Thorpe, to approve the purchase/installation of a remote Marquee Sign in the amount of $32,390 for the Swiftel Center to be located at Fire Station location on 22nd Avenue. All present voted yes; motion carried. Adjourn. A motion was made by McClemans, seconded by Corbett, to adjourn. All present voted yes; motion carried. Meeting adjourned at 6:53 p.m. CITY OF BROOKINGS ATTEST: Tim Reed, Mayor Shari Thornes, City Clerk 32 City Council Packet October 26, 2010 CONSENT AGENDA #4 C. Action on Resolution No. 94-10, authorizing the City Manager to sign a Grant Award to accept a COPS Grant. The City of Brookings has been awarded a COPS Grant from the United Stated Department of Justice, Office of Community Policing Services (COPS), in the amount of $227,898.00. This Grant will fund entry level salary and benefits for one additional full- time police officer for the Police Department for 36 months. The City is to utilize this position to add to the capacity of community policing and crime prevention and is obligated to fund this position for 12 months following the expiration of the COPS Grant. Attached is a Resolution authorizing the City Manager to sign the Grant Award for the COPS Grant. The documented award start date is September 1, 2010, with an end date of August 31, 2013. Resolution No. 94-10 Resolution Authorizing the City Manager to sign a Grant Award to accept a COPS Grant Whereas, the City of Brookings has been awarded a 2010 COPS Grant through the United States Justice Department which will fund one additional full-time police officer for the next 36 months, which will include salary and benefits totaling $227,898.00, and Whereas, the City of Brookings agrees to fund the additional police officer position for 12 months after the COPS Grant expires, and Whereas, the grant will allow the City of Brookings to add one more full-time police officer to add to the capacity of community policing and crime prevention for the city of Brookings, and Whereas, the City of Brookings will commence the COPS Grant program on or after the official award start date of September 1, 2010. Now, Therefore, Be It Resolved by the governing body of the City of Brookings, South Dakota, that an additional full-time police officer will be added to the staffing of the Brookings Police Department. This resolution will take effect immediately upon its passage, the public welfare requiring it. Approved this 26th day of October, 2010 CITY OF BROOKINGS Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk 33 City Council Packet October 26, 2010 CONSENT AGENDA #4 D. Action to approve a revised Preliminary Plat of a portion of the Bluegill Addition in the South ½ of the NE ¼ of Section 1-T109N- R50W. Applicant: Bluegill, Inc. Proposal: Revise a preliminary plan for the east portion of Bluegill Addition. Background: The extent of the initial preliminary development plan between 17th Avenue South and 22nd Avenue South consisted of a collector street that accessed 22nd Avenue South and local streets that tied into undeveloped tracts nearby. Development scenarios for this area are influenced by an existing on-site gravel pit and farmstead and Southbrook Park to the south. Specifics: The plan does not contain all the elements of a preliminary plat. The developer’s objective is mainly to design the street and sanitary sewer layout that will match up with the major street plan and the existing sewer line under the bike trail. He also wants to allow for access linkages between his development and the future nature park. The lot/block design would accommodate low-density residential, particularly around the pond, with higher density to the east. City Engineer’s Comment: The area is not included in a prior drainage study; therefore, a drainage study will be required for the final plat, as well as a grading plan. Developer should be mindful of existing wetlands in the area when platting. A wetland delineation report is highly recommended before pursuing this layout. Recommendation: The Planning Commission voted 5 yes and 0 no to recommend approval of the revised preliminary plat. 34 City Council Packet October 26, 2010 Planning Commission Brookings, South Dakota October 5, 2010 OFFICIAL MINUTES Chairperson Alan Gregg called the regular meeting of the City Planning Commission to order on October 5, 2010, at 7:00 PM in the Council Chamber at City Hall. Members present were Wayne Avery, Donna DeKraai, Greg Fargen, John Sydow, and Gregg. Mike Cameron, John Gustafson, Al Heuton, and Dave Kurtz were absent. Also present were Wade Price, Mike McClemans, Cory Ann Ellis, City Engineer Jackie Lanning, Community Development Director Mike Struck, Planning and Zoning Administrator Dan Hanson and others. Item #4 – Bluegill, Inc. has submitted a revised preliminary plat of a portion of Bluegill Addition in the NE ¼ of Section 1-T109N-R50W. (Fargen/Sydow) Motion to approve the preliminary plat. All present voted aye. MOTION CARRIED. SUMMARY OF DISCUSSION Item #4 – Wade Price, representing Bluegill, Inc., stated he was trying to establish the street layout so he could move ahead with the sanitary sewer design. Sydow asked if the plan included the street that extended to 22nd Avenue South. Price replied yes. DeKraai felt that the submission of a drainage study and grading plan should be a prerequisite to approval of the preliminary plan. Price remarked that the Drainage Plan and Grading Plan were completed. Lanning noted that her initial research indicated that studies had not been done for this area. Lanning added that she would check the plans on file again. 36 City Council Packet October 26, 2010 CONSENT AGENDA E. Request approval to add an additional police officer position to the 2010/2011 Budget. The City of Brookings recently received notification of a COPS Hiring Program (CHP) award for one (1) sworn police officer position and $227,898 in federal funds over a three-year grant period. Based on this recent notification, this memo is submitted to the Mayor and City Council to request approval to add one additional sworn full-time police officer position to the remainder of the 2010 adopted budget year through a required time period of at least 12 months after the COPS Grant award expiration date of August 31, 2013. This additional police officer position was not included in the adopted 2011 Budget. The City of Brookings has been provided notification that we can begin hiring to fill the CHP grant-funded position based on the documented award effective date of September 1, 2010. The $227,898 award received from the U.S. Department of Justice, Office of Community Policing Services (COPS), will fund one additional sworn full-time police officer for 36 months to include salary and benefits. The City of Brookings, as a grant recipient, must retain any COPS Hiring Program (CHP) funded officer positions awarded for at least 12 months after the 36 months of federal funding has ended for each position. The COPS Hiring Program (CHP) provides funding directly to law enforcement agencies to hire and/or rehire career law enforcement officers to increase their community policing capacity and crime prevention efforts. CHP grants cover 100% of the approved entry-level salary and fringe benefits of each newly hired and/or rehired full-time sworn career law enforcement officer over three years (36 months). There is no local match, but CHP grant funding is based on the agency’s entry-level salary and fringe benefits, at the time of application, for full-time sworn officers. Any additional costs above the approved entry-level salaries and fringe benefits are the responsibility of the City of Brookings. Funding under this program may be used to hire new officers, which includes filling existing officer vacancies that are no longer funded in the City of Brookings budget. These positions must be in addition to our current budgeted (funded) level of sworn officer positions, and the officers must be hired on or after the official grant award start date as it appears on the City of Brookings Award Document. The award information indicates that additional officer positions should be added to our agency’s law enforcement budget with state and/or local funds for at least 12 months, over and above the number of locally-funded officer positions that would have existed in the absence of the grant. If a position becomes vacant during the retention period, the City of Brookings must take active and timely steps consistent with its hiring policies and procedures to fill the position with a new, additional officer to complete the remainder of the 12-month retention period. 39 City Council Packet October 26, 2010 Pursuant to Mayor and City Council guidance, the City of Brookings increased the size of our police force in 2010 by hiring two additional officers, one in January 2010 and one in July of 2010. The receipt of this grant will allow us to fund the hiring of one additional full-time officer for a period of 36 months, which will provide additional resources for community policing capacity and crime prevention efforts. Per notification within the COPS Hiring Program Grant award letter, the City of Brookings award start date is September 1, 2010 and the award end date is August 31, 2013. Based on this, it is our request of the Mayor and City Council to add this additional full-time police officer position to the previously approved 2010 and 2011 budgets effective immediately. 40 City Council Packet October 26, 2010 Open Forum 5. Recognition of Brookings 2011 Governor’s Award Nominee. The Governor’s Award is a program that recognizes individuals and employers for their contributions to the rehabilitation and employment of persons with disabilities in South Dakota. The Brookings Committee for People who have Disabilities and Brookings NDEAM (National Disability Employment Awareness Month) Committee are nominating Jana Krogman for the 2011 Governor’s Awards in the category of ‘Outstanding Employee with a Disability’. Nominations are then submitted to the Board of Vocational Rehabilitation for statewide competition for the Governor’s Awards. Final selection for these awards will be made by the Board in March 2011. Award Categories: • OUTSTANDING EMPLOYEE WITH A DISABILITY: This award is given to an employee with a disability in recognition of outstanding achievements in competitive employment by overcoming a disability as well as providing inspiration for other individuals with disabilities (includes individuals who are self-employed). • OUTSTANDING CITIZEN WITH A DISABILITY: This award is given to an individual with a disability in recognition of outstanding achievements in overcoming a disability and for the promotion of independent living and employment opportunities for other individuals with disabilities. • OUTSTANDING EMPLOYER: These awards are offered for outstanding achievement in improving employment opportunities for persons with disabilities: small private employer (non-government); large private employer (non-government); or public employer (local, county, state or federal governmental entity, school district, university) of any size. • DISTINGUISHED SERVICE: This award is given to an individual or organization (public or private) in recognition of extraordinary contributions to advancing the empowerment and employment of people with disabilities. Individual or organization should have contributions spanning 10 or more years. • OUTSTANDING TRANSITION SERVICES: This award is given to an individual or organization (public or private) in recognition of extraordinary contributions to providing and developing a transition program to assist students with disabilities as they transition from school to the adult system. The individual or organization should have contributions spanning five or more years. 41 City Council Packet October 26, 2010 Open Forum 6. Invitation for a Citizen to schedule time on the Council Agenda for an issue not listed. At this time, any member of the public may request time on the agenda for an item not listed. Items are typically scheduled for the end of the meeting; however, very brief announcements or invitations will be allowed at this time. 7. SDSU Student Senate Report. President – 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 42 City Council Packet October 26, 2010 Contract Awards / Change Orders 8. Action on Resolution No. 95-10, authorizing Final Change Order for Edgebrook Golf Course Irrigation Improvement Project. This project entailed upgrades and improvements to Edgebrook Golf Course irrigation, primarily to the manual quick coupler system installed on the front (old) nine built in 1972-73. It included conversion of all fairway and tee stand quick-coupler sprinklers to automatic pop-ups, new sprinklers and pipe around greens, addition of new controls to the second nine pop-up sprinklers, the practice green and chipping green, and a central control system that puts everything on an automated computer program operated from a central station at the maintenance building. The Change Orders are for as-built minor changes in quantities and scope as defined in the original specifications. The project bid price at $120,000 was $50,000 under the amount budgeted, so adequate funds are available for the Change Order. Installation was complete on the October 1st specified completion date, so there are no liquated damages to consider. The final costs are as follows: Original Contract Price $120,000 Recommended Change Order (increase) $ 4,100 Contract Price Incorporating this Change Order $124,100 City Manager Introduction Action: Motion to Approve, Request Public Comment, Roll Call City Manager Recommendation: Approve 44 City Council Packet October 26, 2010 Resolution No. 95-10 A Resolution Authorizing Final Change Order (CCO#1 Final) for EdgeBrook Irrigation Improvement Project American Underground Sprinklers, Inc. Be It Resolved by the City Council that the following change order be allowed for EdgeBrook Irrigation Improvement Project: Construction Change Order Number 1 Final Adjust Final Contract Price as follows: 1. Install additional heads and decoders as required Increase $2,500 2. Install additional decoders on practice tee and chipping green Increase $1,200 3. Furnish and install additional pipe required for #8 ladies fairway and tee Increase $ 400 TOTAL INCREASE $4,100 Passed and approved this 26th day of October, 2010. CITY OF BROOKINGS _________________________ Tim Reed, Mayor ATTEST: ____________________________ Shari Thornes, City Clerk 45 City Council Packet October 26, 2010 First Reading** 9. Ordinance No. 33-10: An Ordinance Amending Article I of Chapter 6 of the Code of Ordinances of the City of Brookings and Pertaining to the Sale of Alcoholic Beverages on Memorial Day in the City of Brookings. Public Hearing: November 9, 2010 **No vote is taken on the first reading of an Ordinance. The title of the Ordinance is read and the date for the public hearing is announced. 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. 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. 46 City Council Packet October 26, 2010 Ordinance No. 33-10 An Ordinance Amending Article I. of Chapter 6 of the Code of Ordinances of the City of Brookings and Pertaining to the Sale of Alcoholic Beverages on 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: October 26, 2010 Second Reading: Published: CITY OF BROOKINGS, SD Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk 47 City Council Packet October 26, 2010 First Reading** 10. Ordinance No. 34-10: An Ordinance Repealing Ordinance Section 6-43 and pertaining to Temporary On-Sale Alcoholic Beverage Licenses for use at a Convention Hall in the City of Brookings, South Dakota. Public Hearing: November 9, 2010 **No vote is taken on the first reading of an Ordinance. The title of the Ordinance is read and the date for the public hearing is announced. 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. 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 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- 48 City Council Packet October 26, 2010 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 evetns 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. (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. 49 City Council Packet October 26, 2010 (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. 50 City Council Packet October 26, 2010 Ordinance No. 34-10 An Ordinance Repealing Ordinance Section 6-43 and Pertaining to Temporary On-Sale Alcoholic Beverage Licenses for use at a Convention Hall 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. II. Any or all ordinances in conflict herewith are hereby repealed. First Reading: October 26, 2010 Second Reading: Published CITY OF BROOKINGS, SD Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk 51 City Council Packet October 26, 2010 First Reading** 11. Ordinance No. 35-10: An Ordinance Pertaining to an Application for a Conditional Use for a Major Home Occupation (Portrait Studio) on Lot 4, Block 15, East Acres Second Addition within the City of Brookings (1610 Derdall Drive). Public Hearing: November 9, 2010 **No vote is taken on the first reading of an Ordinance. The title of the Ordinance is read and the date for the public hearing is announced. Applicant: Cory Ann Ellis Proposal: Operate a home business in a medium-density residential district Background: This neighborhood was developed in the late 1960s and early 1970s. It is predominantly single-family and is bordered on the south by railroad tracks. Specifics: The house has an attached two-car garage and double-wide driveway. The rear yard borders the Canadian Pacific Railroad right-of-way and two adjacent residences. The applicant’s letter, site data, and site plan are included. Recommendation: The Planning Commission voted 5 yes and 0 no to recommend approval of the conditional use. 52 City Council Packet October 26, 2010 Ordinance No. 35-10 An ordinance pertaining to an application for a Conditional Use for a Major Home Occupation (Portrait Studio) within the City of Brookings: Be it ordained by the governing body of the City of Brookings, South Dakota: Section 1. That the said Conditional Use shall be approved for a Major Home Occupation (Portrait Studio) on Lot 4, Block 15, East Acres Second Addition with the following conditions: None. Section 2. All sections and ordinances in conflict herewith are hereby repealed. First Reading October 26, 2010 Second Reading Published CITY OF BROOKINGS ________________________________ Tim Reed, Mayor ATTEST: ___________________________ Shari Thornes, City Clerk 53 City Council Packet October 26, 2010 Planning Commission Brookings, South Dakota October 5, 2010 OFFICIAL MINUTES Chairperson Alan Gregg called the regular meeting of the City Planning Commission to order on October 5, 2010, at 7:00 PM in the Council Chamber at City Hall. Members present were Wayne Avery, Donna DeKraai, Greg Fargen, John Sydow, and Gregg. Mike Cameron, John Gustafson, Al Heuton, and Dave Kurtz were absent. Also present were Wade Price, Mike McClemans, Cory Ann Ellis, City Engineer Jackie Lanning, Community Development Director Mike Struck, Planning and Zoning Administrator Dan Hanson and others. Item #6 – Corry Ann Ellis has submitted an application for a conditional use to establish a major home occupation (portrait studio) on Lot 4, Block 15, East Acres Second Addition. (Fargen/DeKraai) Motion to approve the conditional use. All present voted aye. MOTION CARRIED. SUMMARY OF DISCUSSION Item #6 – Ellis referenced the data that she had submitted with her application. Her data addressed much of the criteria required by the zoning ordinance. Fargen felt the application complied with the home occupation regulations. He noted that four (4) on-premise parking spaces were shown on the plan. 59 City Council Packet October 26, 2010 First Reading** 12. Ordinance No. 36-10: An Ordinance to rezone Lots 1 through 5, the South 50 feet of Lots 6 and 7, and Lot G, Block 3, First Addition from a Business B-2A and B-2 District to a Business B-1 District (5th Avenue and 3rd Street). Public Hearing: November 9, 2010 **No vote is taken on the first reading of an Ordinance. The title of the Ordinance is read and the date for the public hearing is announced. Applicant: City of Brookings Proposal: Rezone the half block that will be the new home for the city, county government offices. Background: Block 3 of First Addition has contained a mix of uses and multiple zoning districts for many decades. Residential uses have included single-family and two-family dwellings, boardinghouses, and an apartment. Commercial uses have included offices, service stores, retail stores, and a café. In general, zoning on the block has slowly progressed toward less intensive commercial uses while residential uses have always remained mixed. The existing zoning map in your packet shows the various districts in this area. Portions of the “Library block” were rezoned to B-1 in 1984, 1988, and 1995. Specifics: The proposed rezoning will create one district for the entire half block. It will also continue a trend to gradually expand the Central Business District into an area that is transitioning toward governmental and professional office uses. The south half of the block and the half block to the west continue to contain uses that would conflict with a B-1 zoning. Therefore, rezoning these parcels will be delayed. Recommendation: The Planning Commission voted 5 yes and 0 no to recommend approval of the rezoning. 62 City Council Packet October 26, 2010 Ordinance No. 36-10 An Ordinance to Change the Zoning Within the City of Brookings Be it ordained by the governing body of the City of Brookings, South Dakota, Section 1. That the real estate situated in the City of Brookings, County of Brookings, State of South Dakota, described as follows: Lots 1 through 5, the south 50 feet of lots 6 and 7, and lot G, Block 3, First Addition be and the same is hereby rezoned and reclassified from a Business B-2A and B-2 District to a Business B-1 District. In accordance with Section 94.7 of Article I of Ordinance 25-02 of the Code of Ordinances of Brookings, South Dakota, as said districts are more fully set forth and described in Articles III and IV of Ordinance No. 25-02 of the City of Brookings, South Dakota. Section 2. The permitted use of the property heretofore described be and the same is hereby altered and changed in accordance herewith pursuant to said Ordinance No. 25-02 of the City of Brookings, South Dakota. Section 3. All sections and ordinances in conflict herewith are hereby repealed. First Reading: October 26, 2010 Second Reading and Adoption: Published: CITY OF BROOKINGS ______________________________ Tim Reed, Mayor ATTEST: _________________________ Shari Thornes, City Clerk 63 City Council Packet October 26, 2010 Planning Commission Brookings, South Dakota October 5, 2010 OFFICIAL MINUTES Chairperson Alan Gregg called the regular meeting of the City Planning Commission to order on October 5, 2010, at 7:00 PM in the Council Chamber at City Hall. Members present were Wayne Avery, Donna DeKraai, Greg Fargen, John Sydow, and Gregg. Mike Cameron, John Gustafson, Al Heuton, and Dave Kurtz were absent. Also present were Wade Price, Mike McClemans, Cory Ann Ellis, City Engineer Jackie Lanning, Community Development Director Mike Struck, Planning and Zoning Administrator Dan Hanson and others. Item #7 – The City of Brookings has submitted a petition to rezone Lots 1 – 5, the south 50 feet of Lots 6 and 7 and Lot G, Block 3, First Addition from a Business B-2A and B-2 District to a Business B-1 District. (DeKraai/Fargen) Motion to approve the rezoning. All present voted aye. MOTION CARRIED. SUMMARY OF DISCUSSION Item #7 – Fargen asked if a proposed office project was permitted in any of the districts. Hanson replied yes. Fargen stated that the rezoning appeared to be a “clean-up” issue for this half of the block. Hanson pointed out that several parcels east of 5th Avenue had been rezoned to B-1 or were governed by the B-1 regulations over the last 20 years. The neighborhood was transitioning toward more professional office uses. 67 City Council Packet October 26, 2010 Sec. 94-131. BUSINESS B-1 CENTRAL DISTRICT (a) Intent. This district is intended to provide a strong supportive retail center. It is the intent of this district to place a high priority on retail trade, office, personal service, institutional and entertainment center uses. Integrating new uses with existing businesses is encouraged. No outdoor storage shall be permitted. (b) Scope of Regulations. The regulations set forth in this section or set forth elsewhere in this ordinance, when referred to in this section, are the district regulations of the Business B-1 Central District. (c) Permitted Uses. 1. Retail or service store 2. Personal service store 3. Personal health service 4. Hotel 5. Financial institution 6. Office 7. Public transportation facility 8. Public utility facility 9. Parking facility or lot 10. Drinking Establishment 11. Telecommunications tower (d) Permitted Special Uses. A building or premises may be used for the following purposes in conformance with the conditions prescribed herein: 1. Storage and warehousing a. All operations, equipment and materials shall be stored within a completely enclosed structure. 2. Day care facility a. A four-foot (4') high transparent fence shall be constructed between the play area and the street. 3. Apartment a. Dwelling units shall be located on the second floor or above. (e) Conditional Uses. 1. Repair garage 2. Assembling and packaging 3. Apartments for the elderly 4. Broadcast Tower 5. Community Center (f) Density, Area, Yard and Height Regulations. The B-1 district regulations shall be as follows: 68 City Council Packet October 26, 2010 Min. Min. Min. Min. Min. Max. Lot Lot Front Side Rear Height Density Area Width Yard Yard Yard Sq.Ft. Sq.Ft. All Uses - - - -* 20'* 50' *A thirty foot (30') landscaped area shall be required between an abutting residential district boundary line and any structure, access drive, parking lot or other accessory use. (g) Accessory Uses. Accessory uses and building permitted in the B-1 District are buildings and uses customarily incidental to any of the permitted uses in the district. (h) Parking Regulations. Parking, loading and stacking within the B-1 District shall be in conformance with the regulations set forth in division 4 of article VI of this chapter (i) Sign Regulations. Signs within the B-1 District shall be in conformance with the regulations set forth in division 5 of article VI of this chapter (j) Other Regulations. Development within the B-1 District shall be in conformance with the regulations set forth in article II of this chapter 69 City Council Packet October 26, 2010 Other Business 13. Action on Resolution No. 96-10, setting Policy on City Participation in the Construction of Arterial and Collector Streets. History: 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: 1. 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. 2. 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. City Manager Introduction Action: Open & Close Public Hearing, Motion to Approve, Roll Call City Manager Recommendation: Approve 72 City Council Packet October 26, 2010 Resolution No. 96-10 Resolution Setting Policy on City Participation in 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 ____________________________ Tim Reed, Mayor ATTEST: ________________________ Shari Thornes, City Clerk 73 City Council Packet October 26, 2010 74 14. Adjourn.