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HomeMy WebLinkAbout2010_11_09 CC PKT Brookings City Council Tuesday, November 9, 2010 City Hall Council Chambers 311 Third Avenue 5:00 p.m. – Work Session 6:00 p.m. – Regular Meeting 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. Emergency Preparedness Presentation. 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. 88-10, setting the fees for Temporary Alcohol Licenses in the City of Brookings. 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. Open Forum 5. Open Forum. 6. SDSU Student Senate Report. 1 Contract Awards / Change Orders 7. Action on Resolution No. 98-10, authorizing Change Order No. 2, 2009-09STI Valley View Phase 2 Asphalt Surfacing Project (Bowes Construction). Action: Motion to Approve, Request Public Comment, Roll Call First Readings** 8. Ordinance No. 37-10: Budget Amendment #2: Authorizing a Supplemental Appropriation to the 2010 Budget for the purpose of providing for additional funds for the Operation of the City. Public Hearing – November 23rd ** No vote is taken on the first reading of an Ordinance. The title of the Ordinance is read and the date for the public hearing is announced. Second Readings / Public Hearings 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. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 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. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 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). Action: Open & Close Public Hearing, Motion to Approve, Roll Call 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). Action: Open & Close Public Hearing, Motion to Approve, Roll Call Other Business 13. Action on Resolution No. 99-10, authorizing the City Manager to sign an Operating Agreement with Wal-Mart for an On-Off Wine License. Action: Motion to Approve, Request Public Comment, Roll Call 14. Discussion and possible action on SDSU Students Association and Visitor Promotions Subsidy Request for 2011 Budget Supplemental Appropriation. Action: Motion to Approve, Request Public Comment, Roll Call 15. Consideration and possible action on Firearms Training Facility. Action: Motion to Approve, Request Public Comment, Roll Call 2 3 16. Action to approve Resolution No. 100-10, Consideration of purchase of Downtown Streetscape Furniture with Downtown Streetscape Contingency Funds. Action: Motion to Approve, Request Public Comment, Roll Call 17. Action on an Abatement Request from Prairie Meadow Inc. for Lot A and remaining portion of Lot B, Sales Barn Addition, for Parcel #40517-00000-000-01 for a refund of partial tax dollars for years ‘05, ’06, ‘07, ‘08 for a total of $10,394.27 (County Assessor Recommends Denial). Action: Motion to Approve, Request Public Comment, Roll Call 18. Action on an Abatement Request from Prairie Meadow Inc. for Block 12 of McClemans Addition, for a refund of partial tax dollars for years 2007 and 2008 for a total of $4,198.55 (County Assessor Recommends Denial). Action: Motion to Approve, Request Public Comment, Roll Call 19. Executive Session for purposes of consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters. Motion to enter executive session – Voice Vote Motion to leave executive session – Voice Vote 20. 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 Saturday @ 1 pm. The complete City Council agenda packet is available on the city website: www.cityofbrookings.org If you require assistance, alternative formats, and/or accessible locations consistent with the Americans with Disabilities Act, please contact Shari Thornes, City ADA Coordinator, at 692-6281 at least 3 working days prior to the meeting. City Council Packet November 9, 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. Emergency Preparedness Presentation. TO: Mayor and City Council Members FROM: City Manager Jeff Weldon RE: Information pertaining to emergency preparedness At the last council meeting, you expressed an interest in learning more about our efforts at emergency management and disaster preparedness. We have a very integrated and coordinated effort in responding to natural and human-caused disasters and on-going training is a constant process. These efforts are also intergovernmental as the Emergency Management Department has comprehensive jurisdiction over emergency management programs while the City Police and Fire Departments provide the emergency response mechanisms. In addition, the Solid Waste/Public Health Department coordinates the Pandemic Influenza Response Plan. We are about to begin a comprehensive de-briefing process concerning the September flood. Such incidents provide excellent opportunities to make improvements in emergency management and learn from what happened. In addition, we will continue to update and improve the various documents, manuals, and plans you will hear more about at this presentation. 4 City Council Packet November 9, 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. 9 City Council Packet November 9, 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 10 City Council Packet November 9, 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 11 City Council Packet November 9, 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. 12 City Council Packet November 9, 2010 13 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 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 Customer Satisfaction 101 Forum 12:00-1:00 p.m. Chamber Boardroom 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 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. 88-10, setting the fees for Temporary Alcohol Licenses in the City of Brookings. Action: Motion to Approve, Request Public Comment, Roll Call Open Forum 5. Open Forum. 6. SDSU Student Senate Report. Contract Awards / Change Orders 7. Action on Resolution No. 98-10, authorizing Change Order No. 2, 2009-09STI Valley View Phase 2 Asphalt Surfacing Project (Bowes Construction). Action: Motion to Approve, Request Public Comment, Roll Call First Readings 8. Ordinance No. 37-10: Budget Amendment #2: Authorizing a Supplemental Appropriation to the 2010 Budget for the purpose of providing for additional funds for the Operation of the City. Public Hearing – November 23rd Second Readings / Public Hearings 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. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 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. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 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). Action: Open & Close Public Hearing, Motion to Approve, Roll Call 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). Action: Open & Close Public Hearing, Motion to Approve, Roll Call Other Business 13. Action on Resolution No. 99-10, Authorizing the City Manager to sign an Operating Agreement with Wal-Mart for an On-Off Wine License . Action: Motion to Approve, Request Public Comment, Roll Call 14. Discussion and possible action on SDSU Students Association and Visitor Promotions Subsidy Request for 2011 Budget Supplemental Appropriation. Action: Motion to Approve, Request Public Comment, Roll Call 15. Consideration and possible action on Firearms Training Facility. Action: Motion to Approve, Request Public Comment, Roll Call 16. Action to approve Resolution No. 100-10, Consideration of purchase of Downtown Streetscape Furniture with Downtown Streetscape Contingency Funds. Action: Motion to Approve, Request Public Comment, Roll Call 17. Action on an Abatement Request from Prairie Meadow Inc. for Lot A and remaining portion of Lot B, Sales Barn Addition, for Parcel #40517-00000-000-01 for a refund of partial tax dollars for years ‘05, ’06, ‘07, ‘08 for a total of $10,394.27 (County Assessor Recommends Denial). Action: Motion to Approve, Request Public Comment, Roll Call 18. Action on an Abatement Request from Prairie Meadow Inc. for Block 12 of McClemans Addition, for a refund of partial tax dollars for years 2007 and 2008 for a total of $4,198.55 (County Assessor Recommends Denial). Action: Motion to Approve, Request Public Comment, Roll Call 19. Executive Session for purposes of consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters. Motion to enter executive session – Voice Vote Motion to leave executive session – Voice Vote 20. Adjourn 14 City Council Packet November 9, 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. 88-10, setting the fees for Temporary Alcohol Licenses in the City of Brookings. *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 15 City Council Packet November 9, 2010 CONSENT AGENDA #4 B. Action to approve City Council Minutes. The draft October 26th Brookings City Council minutes are enclosed for Council review and approval. 16 City Council Packet November 9, 2010 Brookings City Council October 26, 2010 (unapproved) The Brookings City Council held a meeting on Tuesday, October 26, 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, Mike Bartley and Jael Thorpe. City Manager Jeff Weldon, City Attorney Steve Britzman and Deputy City Clerk Bonnie Foster were also present. Economic Development Topics. The Council reviewed steps one through five of the “The Role of Local Elected Officials in Economic Development,” which Mayor Reed received 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. The remainder will be discussed on November 23. Thorpe would like to see a general comprehensive plan done that is more than a land use plan. Reed asked this to be placed on an agenda as a discussion item in 2011. Ex-Officio Reports. McClemans and Kubal reported attending the Brookings Health Systems Board retreat held October 15-16. Joint Powers Board Update. Kubal noted the Board has made several cost savings revisions to the proposed plans and more review is planned. Reed asked when a budget will be finalized by the Board and then voted on by the City Council. Bartley said the Board is working with the initial $5.5 million. Reed expressed concern with the increasing square footage (September @ 50,000 sq. ft., July @ 55,000 sq. ft, and current is 63,950 sq. ft.). He asked when the Council would have input so as not to get to a point in the process where there is no going back. Bartley said the initial 50,000 square footage was subject to change. He stressed the need to provide comprehensive staffing in one location and to build a quality sustainable building for the future. McClemans said any overages past the $5.5 million budget need to be explained. Thorpe wants to stay within the original budget and feels the building size needs to be determined. Weldon stated several areas have been redesigned. The budget has a $500,000 (city and county shared) contingency with a $200,000 allowance for the State’s Excise Tax and $53,000 set aside for soil corrections. Reed requested to have a discussion on the City/County Building in November pertaining to square footage and budget. The next Joint Powers Board meeting will be November 3. 17 City Council Packet November 9, 2010 Topics for future discussion. A motion was made by Kubal, seconded by McClemans, to have a disaster plan review brought back to the City Council within two months. All present voted yes; motion carried. A motion was made by McClemans, seconded by Reed, to have Bob Burns conduct a review session on the responsibilities of the City Manager, Mayor and City Council on our form of government. All present voted yes; motion carried. 6:00 P.M. REGULAR MEETING. Consent Agenda. A motion was made by Corbett, seconded by Kubal, to approve the consent agenda as follows: A. Action to approve the agenda. B. Action to approve the October 12th City Council Meeting minutes. C. Action on Resolution No. 94-10, authorizing the City Manager to sign a Grant Award to accept a COPS Grant. 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. 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 I-T109N-R50W. E. Action to approve the addition of one police officer position to the 2010/2011 Budget. On the motion, all present voted yes; motion carried. 18 City Council Packet November 9, 2010 Recognition of Brookings 2010 Governor’s Award Nominee. Jana Krogman was recognized as the community’s nominee for the 2011 Governor’s Awards in the category of Outstanding Employee with a Disability. SDSU Student Senate Report. SDSU President Brett Monson and SDSU State and Local Chair, Eric Haiar, gave a presentation on past Visitor Promotions Committee subsidies and the money allocated for SDSU students. Monson expressed concern regarding the money appropriated to the SDSU Students’ Association. Weldon clarified the Visitors Promotions Committee is given a subsidy and the money appropriated to the SDSU Students’ Association is a decision of the Committee. The VPC is one line item within the City’s budget and the Committee decides how to spend the money the Council allocates. MOTION: A motion was made by Bartley, seconded by McClemans, to add the SDSU Students Association and VPC subsidy to the November 9th Council Meeting as a discussion item. Discussion: Kubal expressed his discern with the motion and requested a Gentlemen’s Agreement between the VPC and the Students’ Association for the additional $15,000 requested. Reed clarified if a change is going to be made and voted upon, a public notice is required. There are two options: 1) Increase the VPC subsidy amount through an Ordinance, or 2) inform the VPC how much the SDSU SA should receive from the VPC budget. Britzman commented a 24-hour public notice is required for a formal vote to take place; however, due to the audience present, testimony could be taken. Dr. Reynolds, SDSU Music Dept., and Mike Presley, University Program Council President, commented on how these funds are used for SDSU students to be involved on campus and in the community. Bartley noted the new budget year for SDSU begins in January. Weldon would like to consider a policy directive to appropriate $15,000 out of the 2011 Budget for the SDSU Student’s Association and could place this in the first Budget Amendment in 2011, resulting in a one-step process. ON THE MOTION; all present voted yes; motion passed. Resolution No. 95-10. A motion was made by Kubal, seconded by Bartley, to approve Resolution No. 95-10, authorizing Final Change Order for Edgebrook Golf Course Irrigation Improvement Project. No public comment was made. All present voted yes; motion carried. 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, for a total increase of $4,100. 19 City Council Packet November 9, 2010 Ordinance No. 33-10. A first reading was held on 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 Ordinance No. 34-10. A first reading was held on 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 Ordinance No. 35-10. A first reading was held on 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 Ordinance No. 36-10. A first reading was held on 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 Resolution No. 96-10. A motion was made by Kubal, seconded by Bartley, to approve Resolution No. 96-10, setting Policy on City Participation in the Construction of Arterial and Collector Streets. AN AMENDMENT was made by McClemans, seconded by Corbett, to add an Amendment at the end of the third paragraph to state “any access to the arterial street must be reviewed by the Planning Commission and approved by the City Engineer.” All present voted yes; motion carried. ON THE MAIN MOTION AS AMENDED, all present voted yes; motion carried. 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. 20 City Council Packet November 9, 2010 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. Any access to the arterial street must be reviewed by the Planning Commission and approved by the City Engineer. And Be It Further Resolved, for Collector Streets, that it is the policy of the Brookings City Council to assume and pay from the funds of the City for any extra thickness required on collector streets as designated on the Major Street Plan, filed with the Brookings County Register of Deeds, in excess of that described for 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. Adjourn. A motion was made by Kubal, seconded by Corbett, to adjourn. All present voted yes; motion carried. Meeting adjourned at 7:13 p.m. CITY OF BROOKINGS ATTEST: Tim Reed, Mayor Shari Thornes, City Clerk 21 City Council Packet November 9, 2010 CONSENT AGENDA #4 C. Action on Resolution No. 88-10, setting the fees for Temporary Alcohol Licenses in the City of Brookings. Resolution No. 88-10 establishes a standard fee of $50.00 per event for all types of temporary alcohol licenses, to include wine, beer and liquor, issued within the City of Brookings. The fee for temporary liquor has been $50/event as established by ordinance. However, temporary wine and beer had been $5.00/event. This resolution will standardize the fee and be increased to recover staff and publication expenses related to these applications. Resolution No. 88-10 Resolution Establishing the License Fees for the Issuance of Special Alcoholic Beverage Licenses in the City of Brookings Be It Resolved by the City Council of the City of Brookings, South Dakota as follows: Whereas, the State of South Dakota has authorized municipalities to issue special alcoholic beverage licenses for special events pursuant to SDCL 35-4-124; and Whereas, the special licenses are temporary licenses, which may be issued only in conjunction with a special event within the municipality to any civic, charitable, educational, fraternal or veterans organization or to certain alcoholic beverages licensees. Now, Therefore, Be It Resolved that the fees for Special Alcoholic Beverage Licenses issued for special events are set forth below: License Fee (1) Special On-Sale Malt Beverage Retailers License: $50.00 per event (2) Special On-Sale Wine Retailers License: $50.00 per event (3) Special On-Sale Liquor License: $50.00 per event (4) Special Off-Sale Package Wine Dealers License: $50.00 per event Passed and approved this 9th day of November, 2010. CITY OF BROOKINGS: Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk 22 City Council Packet November 9, 2010 Open Forum 5. Invitation for a Citizen to schedule time on the Council Agenda for an issue not listed. At this time, any member of the public may request time on the agenda for an item not listed. Items are typically scheduled for the end of the meeting; however, very brief announcements or invitations will be allowed at this time. 6. SDSU Student Senate Report. President – Brett Monson Vice-President – Erin Kennedy Administrative Assistant – Kate Wegehaupt Finance Chair – Anthony Sutton State & Local Chair – Eric Haiar http://studentorgs.sdstate.org/studentsassociation/Default.htm 23 City Council Packet November 9, 2010 Contract Awards / Change Orders 7. Action on Resolution No. 98-10, authorizing Change Order No. 2, 2009-09STI Valley View Phase 2 Asphalt Surfacing Project (Bowes Construction). This is a TIF project which entails the construction of streets in the Valley View Addition, located on the southern part of Brookings adjacent to 20th Street South. This project is Phase II of the Valley View TIF Project which includes water mains and services, sanitary sewer mains and services, storm sewer, grading, storm sewer, gravel, curb & gutter, and asphalt paving. This project is the second phase of construction for this development and the streets included in the bid letting are portions of Rio Grande, Napa Valley, Sonoma Valley, and Cumberland Court. The project has two contracts, one for “Grading” which includes water mains and services, sanitary sewer mains and services, storm sewer, grading, gravel, and curb & gutter, and one for “paving” which includes the asphalt paving work. The paving contract for this project required additional asphalt since the length of Rio Grande was extended and the extra paving is TIF eligible. The work has been completed for this project and this resolution will final out the paving contract with Bowes Construction, Inc. The contract deadline for substantial completion was June 1, 2010 and this resolution will authorize the substantial completion date to be extended to December 1, 2010. The owner of the development, BlairHill Properties, Inc., approves these change order items. The project is summarized as follows: Original Contract Price: $52,590.00 Increase from Previously Approved Change Orders (1): $ 1,350.00 Contract Price prior to this Change Order: $53,940.00 Increase of this Change Order (No. 2 Final): $10,746.91 Contract Price incorporating this Change Order: $64,686.91 This resolution will authorize Change Order No. 2 (Final) for the paving contract with Bowes Construction Co., Inc. for a total increase of $10,746.91 to the contract and the substantial completion date will be extended to December 1, 2010. City Manager Introduction Action: Motion to Approve, Request Public Comment, Roll Call City Manager Recommendation: Approve 24 City Council Packet November 9, 2010 Resolution No. 98–10 Resolution Authorizing Change Order No. 2 (CCO#2 Final) for 2009-09STI Rio Grande, Napa Valley, Sonoma Valley & Cumberland Court Valley View Phase II Project, Bowes Construction Co., Inc. Be It Resolved by the City Council that the following change order be allowed for 2009-09STI Rio Grande, Napa Valley, Sonoma Valley & Cumberland Court Valley View Phase II Project: Construction Change Order Number 2 - Increase the contract for additional asphalt paving on Rio Grande and adjust the contract quantities to final as-built quantities for an increase of $10,746.91 to the contract. - Extend the contract substantial completion date from June 1, 2010 to December 1, 2010. Passed and approved this 9th day of November, 2010. CITY OF BROOKINGS _________________________ Tim Reed, Mayor ATTEST: ____________________________ Shari Thornes, City Clerk 25 City Council Packet November 9, 2010 First Reading** 8. Ordinance No. 37-10: Budget Amendment #2: Authorizing a Supplemental Appropriation to the 2010 Budget for the purpose of providing for additional funds for the Operation of the City. Public Hearing: November 23, 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. 26 City Council Packet November 9, 2010 Date: November 3, 2010 To: Mayor and City Council Members From: Jeffrey W. Weldon, City Manager Subject: 2010 Budget Amendment #2 Budget Amendment #2 in 2010 is requesting the Council to allow an increase in total revenue of $6,180,235 and an increase in expense of $1,648,752. The amendment breakdown by fund and department is as follows: Fund Rev Change Exp Change General Fund by Department Non-Departmental 114,594 1,127,833 Transfer Out 2,318,502 Gen Gov Buildings (72,900) Community Development (54,949) (50,949) Engineer (83,000) (10,573) Police 13,450 43,561 Fire 4,181 4,181 Street (49,000) Recreation 14,634 Parks 4,000 (189,000) Forestry 12,000 7,463 Total General Fund Change 24,910 3,129,118 Retail Development 314,500 25% Second Penny Sales Tax 109,000 33,000 75% Second Penny Sales Tax 445,791 500,125 Swiftel Center ( 96,000) (100,000) Library Fines 5,000 Industrial Park 10,000 Special Assessment 172,000 (590,000) Storm Drainage (3,303,602) (357,000) 3rd Penny Sales Tax (3,200) 4,250 Tax Increment Debt Service 38,784 40,606 Streetscape Project (136,414) Innovation Campus Project-TIF#1 1,793,502 (1,233,933) City/County Adm Building Project 6,224,000 206,000 Nature Park Project 100,000 60,000 Airport 335,050 (330,000) Landfill 350,000 137,500 Research & Technology Center (20,000) (34,000) Total Change by Fund 6,180,235 1,648,752 27 City Council Packet November 9, 2010 Included within the non-departmental amendment is a reduction of $35,000 for consulting and engineer expense as the traffic study budgeted in 2010 will not be completed until 2011. The 2011 budget will need to be amended for payment of the traffic study. There is an increase to the expense line to recognize the purchase of land for the industrial park which was budgeted in 2010 to be paid for in installments however as the land purchase agreement was reached the seller decided he wanted payment in full at the time of the closing ($1,546,783). We are also closing the Streetscape project and transferring the contingency back to the general fund $225,094 and $100,000 to the 25% second penny fund. Other money from the project will be held within the general fund liability accounts until litigation is done and disbursed accordingly. The transfers out of the General Fund includes a transfer to the SDSU Innovation Campus project fund of $1,793,502, the Nature Park project of $50,000 which was budgeted within the parks department in 2010, and a transfer to the Airport Fund to cover the negative cash balance at the end of 2009 of ($386,890). This was caused by two factors. The purchase of the Pietz property for $275,000 on December 28, 2009 and grant reimbursement lags. Without the transfers out to other funds and the purchase of property for the industrial park the General Fund would have been lowering the expenses budgeted in 2010 by ($736,167). The advance in 2008 to the Streetscape project for $100,000 is being transferred back to the 25% Second Penny fund. The old fire range is being moved because of the Nature Park development and therefore we are requesting an increase in the expense line to fund the purchase of a building for the new fire range at the Landfill. The Retail Development fund was holding the debt reserve for the 2005 bond in the amount of $314,500. At the time the refinancing of the bonds was done the debt reserve was transferred to the 75% second penny fund and used to pay down the debt. The end result of the budget amendment for the 75% Second Penny Fund is the City is anticipating using $54,334 of the cash. There are savings of $919,000 for projects which were bid less than anticipated and the ice arena floor was cancelled. There is another $750,000 which will not be spent in 2010 as anticipated. The airport design and the sewer extension have been pushed out to future years. Within the Storm Drainage Fund the City budgeted in 2010 to bond the majority of the projects. After more information was made available about options for the funding it was decided to use the State Revolving Loan program and will be done in stages. We are reducing the bond proceeds from $3,720,738 to $400,000 in 2010 and pro-rating the expenses for the 4 projects, Garden Square, Southland, Camelot, and Pheasants Nest. The Third Penny Fund is projected to receive revenues of 6% less than the 2010 budgeted figure. We are recommending adjusting the sales tax revenue accordingly and recognizing additional revenue generated by interest income. 28 City Council Packet November 9, 2010 The budget amendment for the Tax Increment Debt Service Funds is to recognize the revenue generated by property taxes per tax increment laws. The expense budgeted is estimated principal and interest on the tax increment debt. The City acts as a pass through for these activities. We are not liable to pay the debt if the tax increment district does not generate sufficient taxes to pay the principal and interest due. However the City must recognize the debt for the tax increment districts when calculating the Cities debt capacity. The budget amendment for the Innovation Campus Project is recognizing the transfer from the General Fund to the Innovation Campus in the amount of $1,793,502 and reducing the expense lines for the project by $1,233,933. The project was bid lower than anticipated and the project received stimulus dollars which will not have to be paid back. The City/County Administrative Fund is being amended to recognize the bond proceeds of $6 million and the County reimbursement of expenses in 2010. We are amending the budget to recognize expenditures within the project fund that are anticipated to be made in 2010. With the acceptance of the Nature Park Master Plan on August 24th there is a need to create a capital project for the new Nature Park. The amendment is recognizing the $50,000 transfer from the General Fund where it was budgeted in 2010. It is also recognizing a donation of $50,000. For expenses in 2010 we are amending the budget for the design. In addition to addressing the cash flow issue for the Airport Fund the amendment is reducing expenses by $118,500 because there will be no law enforcement officers in 2010 to reimburse and the building budgeted in 2010 for $80,000 will not be built. The airport design for $250,000 is being pushed out to 2011. The new trench at the landfill was budgeted to cost $800,000 in 2010. The bid was $1.1 million and we are adjusting the budget accordingly. We are recognizing the grant received of $350,000. Expenses for the landfill are also being reduced by $275,000 in 2010. The trommel screen and the skid steer were pushed to 2011. The Research and Technology Centers rent is being reduced by $20,000 because of vacancies. We are also postponing building improvements and reducing the capital expenditure in the amount of $34,000. 29 City Council Packet November 9, 2010 Ordinance No. 37-10 An Ordinance Entitled “An Ordinance Authorizing A Supplemental Appropriation To The 2010 Budget For The Purpose Of Providing For Additional Funds For The Operation Of The City. Be It Ordained By the City of Brookings, South Dakota: Whereas, there is a need to adjust the 2010 budget to respond to the actual revenues and expenditures in fiscal year 2010, And Whereas, the inter-fund transfer from the General Fund to the Innovation Campus project needs to be recognized per resolution 52-09, May 26, 2009, And Whereas, the Airport purchased property per resolution 121-09, dated December 08, 2009, and needs an additional inter-fund transfer to cash flow, And Whereas, grant revenues and expenditures for Safe Routes to School, Resolution 12-09, Airport grant money for fence project, Resolution 19-10, Regional Landfill grant, Resolution 37- 10, Waste tire grant, Resolution 74-10, Cops Grant, Resolution 94-10, and Fire Department training grants dated Feb 10 & April 10, need to be recognized, And Whereas, April 6, 2010 council approved the purchase of land for future industrial land use purposes, And Whereas, the grant per Resolution 58-10, a donation and the expenditure to improve the Lions Park needs to be recognized, And Whereas, the bond proceeds and expense for the refinancing of the 2001, 2003, 2005 bonds and the additional $6 million dollars for the City/County administrative building project approved by Resolution 72-10, and a portion of the expenses for the city/county administrative building needs to be recognized, And Whereas, the grant application was approved by the Council per resolution 69-09 and the Nature Park Master Plan accepted on August 24, 2010 the capital project fund needs to be created and budgeted in 2010, And Whereas, the Swiftel Center arena lighting project and the Innovation Campus project where bid lower than anticipated, the Ice Arena floor project was cancelled, creating a savings And Whereas, the design of the airport, and a building at the airport was cancelled and the sewer extension was postponed, And Whereas, the landfill bid for the trench project was more than anticipated and capital equipment cost less than anticipated, and the purchase of the trammel screen was postponed, 30 City Council Packet November 9, 2010 And Whereas, Council approved Resolution 38-10, Resolution 58-10, Resolution 68-10, Resolution 69-10, and Resolution 84-10 for the financing and expenses for projects 1, 2, 3, & 4 within Storm Drainage and there is a need for the revenue and expenses to be pro-rated, And Whereas, the debt service funds for the tax increment districts 1, 3, & 4 needs to be created and tax increment district 2 closed per Resolution 08-10 and funds returned to Brookings County for distribution, And Whereas, the Streetscape Project has been completed and needs to be closed and added to the City’s infrastructure, And Whereas State Law (SDCL 9-21-7) and the City Charter (4.06 (a) permit supplemental appropriations provided there are sufficient funds and revenues available to pay the appropriation when it becomes due, Now, Therefore, Be It Resolved by the City Council that the City Manager be authorized to make the following budget adjustments to the 2010 Budget: Budget Amendment #2 Revenue Expense Other-Non-Dept, Gen Gov Buildings 114,594 3,373,435 Public Safety-Police, Fire, Animal Control 17,631 47,742 Public Works-Comm Dev, Engineer, Street (137,949) (110,522) Culture & Recreation- Park,Rec,Forestry,Library 30,634 (181,537) Total General Government 24,910 3,129,118 Retail Development 314,500 25% Sales & Use Tax 109,000 33,000 75% Public Improvement 445,791 500,125 Swiftel Center (96,000) (100,000) Library Fines 5,000 Industrial Park 10,000 Special Assessment 172,000 (590,000) Storm Drainage (3,303,602) (357,000) 3rd B Sales & Use Tax (3,200) 4,250 Total Special Revenue (2,666,011) (190,125) TIF#1 Innovation Campus Debt Service 24,300 24,300 TIF#2 Wiese Debt Service 680 2,502 TIF#3 Valley View Addition 2,346 2,346 TIF#4 Sieler Addition 11,458 11,458 31 City Council Packet November 9, 2010 Total TIF Debt Service Funds 38,784 40,606 Streetscape 325,094 City/County Administrative Building 6,224,000 206,000 Nature Park 100,000 60,000 Total Capital Projects 6,324,000 591,094 Airport Fund 335,050 (368,500) Landfill 350,000 137,500 Research & Technology Center (20,000) (34,000) Total Enterprise Funds 665,050 (265,000) All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. First Reading: November 9, 2010 Second Reading: November 23, 2010 Published: November 26, 2010 CITY OF BROOKINGS _________________________ Tim Reed, Mayor ATTEST ____________________________ Shari Thornes, City Clerk 32 User:Printed:Period:FundNot issuing resturant license in 2010Closing Streetscape Project-Contingency101-000-6-700-03 Transfer in from 25% Sales & Use Tax 910,674.00 33,000.00 943,674.00 Fire range building @ landfill101-000-6-700-04 Transfer in from 75% Sales & Use Tax 1,385,000.00 -125,000.00 1,260,000.00 Ice Arena Floor cancelled-18,500.00Amended Budget0.000.002,428,768.00225,094.002,428,768.001 to 9, 2010R60 Sub Totals: 18,500.00133,094.00Revenue Sub Totals: 2,314,174.00114,594.00R99 Sub Totals: 2,295,674.00225,094.00R99Transfers101-000-6-700-00Transfer in from Streetscape Project0.00GeneralBudget AmountAmendmentGeneral LedgerBudget StatusAccount NumberDescriptionrthompson10/21/2010 - 9:13 AMR60 Licenses & Permits-18,500.00101-000-4-221-07 Licenses/Resturant Liquor 18,500.00Description101General GovernmentDept101-000DeptBalance after distribution of Performance Pay101-405-5-422-03 Consulting/Engineering 50,000.00 -35,000.00 15,000.00 Traffic Study moved to 2011Credit Card fees general fund.No grantPurchase of Foster Property0.00650.000.0015,650.001,546,783.001,546,783.001,562,433.001,562,433.002,428,768.002,428,768.000.00Dept 101-417Government BuildingsE20Capital Expense2,314,174.001,127,833.00Dept 405 Sub Totals:434,600.001,127,833.00Expense Sub Totals:434,600.00E20 Sub Totals:366,000.001,180,783.001,180,783.00E20Capital Expense101-405-5-910-00Land366,000.00E10 Sub Totals:65,000.00-49,350.00101-405-5-856-96Matching Grant Expense15,000.00-15,000.00101-405-5-429-09Miscellaneous-CC Fees0.00650.00E10Operating Expense-3,600.00E01 Sub Totals:3,600.00-3,600.00101-405-5-856-61Performance Pay3,600.00101-405Non-DepartmentalE01Personnel Exp Incl Benefits114,594.00Dept 000 Sub Totals:Revenue Sub Totals:2,314,174.00114,594.00Page 1 of 18 User:Printed:Period:Amended Budget1 to 9, 2010Budget AmountAmendmentGeneral LedgerBudget StatusAccount NumberDescriptionrthompson10/21/2010 - 9:13 AMDescriptionActivity Center Roof only.ADA entrance cancelledEast Fire Station pushed to 2011101-417-55-920-000Equipment-Copier Lease3,000.001,100.004,100.00 New leaseRepair of wiring cityhall PDSharol implemented20,000.0011,967.0036,067.0036,067.0036,067.00Dept 101-418Community Development-72,900.00Dept 417 Sub Totals:108,967.00-72,900.00Expense Sub Totals:108,967.00-65,000.00101-417-5-911-00Buildings & Structures85,000.00E20 Sub Totals:108,967.00101-417-5-950-01Capital less that $5,00020,967.00-9,000.00-72,900.00R50Grants State101-418-4-334-09Grants State66,449.00-48,949.0017,500.00Housing license downSharol implemented101-418-5-911-00Buildings6,000.00-2,000.00 4,000.00Shingling roof project lessBuilding Permits downEmployee switched plans31,500.0017,500.0021,500.0021,500.00-10,000.0072,000.0072,000.0072,000.0041,000.0014,000.0014,000.00E01Personnel Exp Incl Benefits9,427.00101-419-5-123-00Group Insurance31,573.00R70Fees101-419-4-223-01Building Permits/Engineer Fees155,000.00R70 Sub Totals:155,000.00-83,000.00Revenue Sub Totals:155,000.00-83,000.00-83,000.00Revenue Sub Totals:86,449.00-54,949.00E10Operating ExpenseE10 Sub Totals:72,449.00101-418-5-441-04Safe Routes to School66,449.00-48,949.00Dept 101-419EngineeringDept 418 Sub Totals:-14,000.00Expense Sub Totals:72,449.00-50,949.00-50,949.004,000.00-6,000.00R60 Sub Totals:20,000.00R60Licenses & Permits101-418-4-221-06Housing Licenses20,000.00-6,000.00R50 Sub Totals:66,449.00-48,949.0017,500.00Page 2 of 18 User:Printed:Period:Amended Budget1 to 9, 2010Budget AmountAmendmentGeneral LedgerBudget StatusAccount NumberDescriptionrthompson10/21/2010 - 9:13 AMDescriptionReduce expenseRecognize COPS GrantCops Grant nt41,000.000.000.0041,000.00-31,000.0030,000.0010,000.00101-421-4-334-09Grants20,000.00Dept 101-421Police ServicesR50Grants StateDept 419 Sub Totals:-103,427.00-20,000.00Expense Sub Totals:51,573.00E20 Sub Totals:20,000.00E01 Sub Totals:31,573.009,427.0072,427.00-20,000.00E20Capital Expense101-419-5-920-00Equipment20,000.00-10,573.00Recognize addn'l revenueCOPS Officer 2 monthsCOPS Officer 2 monthsCOPS Officer 2 monthsCOPS Officer 2 monthsFire Range Building @ landfillTraining GrantBuilding0.0033,000.0033,000.00101-421-5-911-0030,000.0011,950.0011,950.0041,950.001,557,775.00131,010.00132,323.00321,862.002,175,970.002,175,970.002,134,020.000.004,181.00Expense Sub Totals:2,132,409.004,181.000.00101-422-4-334-09Grants0.00R50Grants State101-422-4-334-06Capital Grant0.0043,561.00E01 Sub Totals:2,132,409.00Dept 101-422Fire Protection Services43,561.00Dept 421 Sub Totals:2,103,909.0030,111.00Personnel Exp Incl Benefits101-421-5-101-00Regular Pay1,550,920.006,855.00E01101-421-5-123-00Group Insurance319,230.002,632.00101-421-5-121-09Retirement131,774.00549.00525.00101-421-5-120-00FICA130,485.00Revenue Sub Totals:28,500.0013,450.00R50 Sub Totals:20,000.00R70Fees101-421-4-664-00Sale of Fixed Assets8,500.00R90Miscellaneous3,450.0010,000.00R90 Sub Totals:8,500.003,450.00Page 3 of 18 User:Printed:Period:Amended Budget1 to 9, 2010Budget AmountAmendmentGeneral LedgerBudget StatusAccount NumberDescriptionrthompson10/21/2010 - 9:13 AMDescriptionTraining Grant reimbursementTraining Grant reimbursementTraining Grant reimbursement170,538.00170,538.004,181.004,181.004,181.00101-422-5-101-00Regular Pay168,788.001,750.00E01 Sub Total168,788.001,750.00E10Operating ExpenseRevenue Sub Totals:0.004,181.004,000.00R50 Sub Totals:0.00E01Personnel Exp Incl Benefits101-422-5-422-07Contracting Services1,750.005,750.00101-422-5-427-01Travel & Lodging15,000.00681.0015,681.00E10 Sub Total19,000.002,431.0021,431.00Expense Sub Totals:187,788.004,181.00 191,969.00Orchard St Signal Match 9,000/BMU billing101-431-5-920-00Equipment-StreetscapeStreetscape/Sign, tables & benches34th next yr n street & sidewalk(5,000)Recognize addn'l revenue360,000.00360,000.00459,500.00498,500.00858,500.00858,500.00161,743.00161,743.00187,788.00E2011,743.00Dept 101-451RecreationR70Fees101-451-4-446-02Swimming Pool FeesR83SalesR70 Sub Totals:150,000.00Dept 101-431Street101-431-5-428-04Street Lights & Traffic SignalsDept 422 Sub Totals:187,788.000.00345,000.0015,000.00Capital ExpenseE10 Sub Totals:345,000.0015,000.00Dept 431 Sub Totals:11,743.00-49,000.00-49,000.00150,000.000.0039,000.00 39,000.00907,500.00-64,000.00Expense Sub Totals:907,500.00E20 Sub Totals:562,500.00101-431-5-960-00Street & Sidewalk Improvements562,500.00-103,000.00Page 4 of 18 User:Printed:Period:Amended Budget1 to 9, 2010Budget AmountAmendmentGeneral LedgerBudget StatusAccount NumberDescriptionrthompson10/21/2010 - 9:13 AMDescriptionRecognize addn'l revenueLions Park Improve Donation4,000.004,000.0032,891.0032,891.00194,634.00194,634.004,000.004,000.000.004,000.00101-452-4-446-18 Ice Arena Donations 0.00R75 Donations101-452-4-446-10 Donations 0.004,000.00Revenue Sub Totals:0.004,000.0030,000.002,891.00Revenue Sub Totals:180,000.0014,634.00101-451-4-346-04Aquatic Center Concessions30,000.002,891.00R83 Sub Totals:14,634.00Dept 101-452ParksDept 451 Sub Totals:180,000.004,000.00R75 Sub Totals:Ice Arena Floor CancelledMove to Nature Park Proj FundRecognize addn'l revenueInsurance increase by classification12,456.0023,403.001,000.0036,859.0036,859.0032,859.0022,000.0022,000.0022,000.0025,829.0069,552.00101-454-5-130-00Workmans Compensation6,366.0019,463.00E01 Sub Totals:62,089.007,463.0012,000.00R90Miscellaneous101-454-4-441-08Reimbursed Expense10,000.00E01Personnel Exp Incl Benefits12,000.00Revenue Sub Totals:10,000.0012,000.00R90 Sub Totals:10,000.00-189,000.00E20 Sub Totals:225,859.00Dept 101-454ForestryDept 452 Sub Totals:225,859.00Expense Sub Totals:225,859.00-189,000.00-193,000.00101-452-5-911-00Building & Structures137,456.00-125,000.00E20Capital Expense-50,000.00101-452-5-940-00Other Capital73,403.00101-452-5-960-00Street & Sidewalk Improvements15,000.00-14,000.00101-454-5-101-01Temporary Pay15,000.00-5,000.0010,000.00101-454-5-123-00Group Insurance40,723.00-7,000.0033,723.00Page 5 of 18 User:Printed:Period:Amended Budget1 to 9, 2010Budget AmountAmendmentGeneral LedgerBudget StatusAccount NumberDescriptionrthompson10/21/2010 - 9:13 AMDescriptionPietz property purchased Dec 09/n Cashflow101-495-7-899-26Transfer Out-TIF#1 Innovation Campus1,793,502.00 1,793,502.00 Transfering to Innovation Campus ProjectTransfering to Nature Park Project Fund0.0047,552.00690,000.0050,000.002,533,502.002,533,502.0069,552.00475,000.00E60Transfers101-495-7-899-01Transfer out to Airport215,000.002,318,502.00Expense Sub Totals:215,000.002,318,502.00E60 Sub Totals:215,000.00101-495-7-899-27Transfer Out-Nature Park Capital Proj0.0050,000.00Dept 101-495Non-DepartmentalExpense Sub Totals:62,089.007,463.00Dept 454 Sub Totals:52,089.00-4,537.00Foster 1,546,783/Pietz 275,000/andInnovation Campus $1,793,502FundTotaling $3,615,285Debt Reserve/RefinancingFundRecognize addn'l income9,000.002,533,502.002,799,033.007,527,352.004,728,319.00314,500.00314,500.00314,500.00314,500.00314,500.0021225% Sales & Use Tax/ordR73Interest Income212-000-4-661-000Interest Income0.009,000.00211-000-7-899-20Transfer out to Public Improv-2130.00E60Transfers314,500.00Expense Sub Totals:0.00314,500.00E60 Sub Totals:0.00314,500.00Dept 212-000GeneralFund 211 Sub Totals:0.00211'Retail Development Invest FundDept 211-000GeneralFund 101 Sub Totals:1,624,111.003,104,208.00Fund Expense Sub Totals:4,398,234.002,318,502.00Fund Revenue Sub Totals:2,774,123.00Dept 495 Sub Totals:215,000.003,129,118.0024,910.00Page 6 of 18 User:Printed:Period:Amended Budget1 to 9, 2010Budget AmountAmendmentGeneral LedgerBudget StatusAccount NumberDescriptionrthompson10/21/2010 - 9:13 AMDescription0.009,000.00 9,000.00Closing Streetscape/returning transfer0.00100,000.00 100,000.00Fire range building @ landfillFundE60Transfers212-000-7-899-00Transfer out General Fund910,674.0033,000.00 943,674.00100,000.00834,674.00R73Interest Income21375% Public Improvemnts/ordDept 213-000GeneralR99Transfers212-000-6-700-00Transfer in from Streetscape Project0.00100,000.00E90 Sub Totals:Dept 212 Sub Totals:910,674.00-76,000.00E73 Sub Totals:Revenue Sub Totals:0.00109,000.00 109,000.00Recognize addn'l revenueBond ProceedsDebt Reserve from Fund 211/Refinancing 2010Refinancing 2001, 2003, & 2005 Bonds Refinancing 2001, 2003, & 2005 Bonds Refinancing 2001, 2003, & 2005 Bonds 75,000.0056,291.0056,291.00314,500.000.00314,500.00445,791.0037,000.0037,000.00458,000.00326,448.003,691,311.004,475,759.0075,000.00E60TransfersE40 Sub Totals:2,343,634.002,132,125.00-292,986.00213-000-5-470-03Debt Service Costs1,200.003,690,111.00-1,265,000.00213-000-5-470-02Bond Interest Payments619,434.00E40Debt Services213-000-5-470-01Bond Principal Payments1,723,000.00213-000-5-911-01Railroad Crossing Arms0.0037,000.00445,791.00E20Capital ExpenseRevenue Sub Totals:0.000.00R99 Sub Totals:0.00314,500.0037,000.00E20 Sub Totals:0.0056,291.00R73 Sub Totals:0.0075,000.00314,500.00213-000-6-700-03Transfer in Sales & Use Tax0.0056,291.00R99Transfers213-000-6-700-00Transfer In-Retail Fund0.00R90 Sub Totals:0.00213-000-4-663-50Bond Proceeds0.0075,000.00213-000-4-661-00Interest Income0.00R90MiscellaneousPage 7 of 18 User:Printed:Period:Amended Budget1 to 9, 2010Budget AmountAmendmentGeneral LedgerBudget StatusAccount NumberDescriptionrthompson10/21/2010 - 9:13 AMDescriptionIce Arena Floor cancelled -125,000Wildlife assessment only in 2010Savings on Arena Lighting ProjectProject less than projectedProject cancelledRevenue Sub Totals: 0.00 445,791.00 445,791.00Fund44,880.00309,869.000.000.00920,749.005,433,508.004,987,717.00566,000.00Fund 213 Sub Totals:4,933,383.0054,334.00224Swiftel CenterR99Transfers-1,669,000.00Expense Sub Totals:4,933,383.00500,125.00E60 Sub Totals:2,589,749.00213-000-7-899-29Transfer out SA Sewer Exten500,000.00-500,000.00-694,000.00213-000-7-899-27Transfer out Innovation Campus694,000.00-250,000.00213-000-7-899-03Transfer out-Swiftel CIP409,869.00-125,000.00213-000-7-899-01Transfer Out to Airport294,880.00213-000-7-899-00Transfer out General Fund691,000.00-100,000.00Savings from Arena lighting projectUncle Sam JamSavings from Arena lighting projectFundPrograming Expenses for adults and children609,869.0018,378.00628,247.00628,247.00309,869.00309,869.00309,869.00628,247.00309,869.00-318,378.0040,000.005,000.00Library Fines226-000-5-899-99Other Expenses35,000.00226E20Capital Expense224-000-5-940-01Capital409,869.00-4,000.00Fund 224 Sub Totals:-314,378.00-96,000.00Fund Expense Sub Totals:409,869.00-100,000.00Expense Sub Totals:409,869.00-100,000.00Fund Revenue Sub Totals:724,247.00-96,000.00Revenue Sub Totals:724,247.00R99 Sub Totals:724,247.00-96,000.00-100,000.00-100,000.00-100,000.00E20 Sub Totals:409,869.00224-000-6-700-13Transfer in 3rd B14,378.004,000.00224-000-6-700-04Transfer in Sales & Use Tax709,869.00Page 8 of 18 User:Printed:Period:Amended Budget1 to 9, 2010Budget AmountAmendmentGeneral LedgerBudget StatusAccount NumberDescriptionrthompson10/21/2010 - 9:13 AMDescriptionFundSale of land40,000.0040,000.0040,000.0010,000.0010,000.0010,000.00278-000-4-664-00Sale of Fixed Assets0.0010,000.0010,000.00R90 Sub Totals:0.00Revenue Sub Totals:0.0010,000.005,000.00278Industrial ParkDept 278-000GeneralR90MiscellaneousE10 Sub Totals:35,000.005,000.00Fund 226 Sub Totals:35,000.00Expense Sub Totals:35,000.005,000.00FundBilling from previous year projectsSidewalk work no alley's No project732,000.000.000.00732,000.000.0020,000.000.0020,000.0010,000.00732,000.0010,000.00E20 Sub Totals:610,000.00-590,000.00-90,000.00280-000-5-960-04Sewer Line Extension500,000.00-500,000.000.00280-000-5-960-00Street & Sidewalk Improvements110,000.00172,000.00E20Capital Expense280-000-5-950-01Capital less than $5,0000.00Revenue Sub Totals:560,000.00R99 Sub Totals:500,000.00-500,000.00280-000-6-700-20Transfer in-Sales & Use Tax500,000.00-500,000.0010,000.00R01 Sub Totals:60,000.00672,000.00R99TransfersFund Revenue Sub Totals:0.0010,000.00672,000.00280-000-4-663-43Special Assessment Deferred60,000.00280Special AssessmentDept 280-000GeneralR01Property,MH, Franchise TaxFund 278 Sub Totals:0.00Page 9 of 18 User:Printed:Period:Amended Budget1 to 9, 2010Budget AmountAmendmentGeneral LedgerBudget StatusAccount NumberDescriptionrthompson10/21/2010 - 9:13 AMDescriptionFundSRF Loan draw ytd20,000.00732,000.0020,000.00-712,000.00400,000.00400,000.00-3,320,738.00R70Fees-3,320,738.00R30 Sub Totals:3,720,738.00R30State282-000-4-663-50Proceeds SRF Loan3,720,738.00-762,000.00282Storm DrainageDept 282-000GeneralFund 280 Sub Totals:50,000.00172,000.00Fund Expense Sub Totals:610,000.00-590,000.00Fund Revenue Sub Totals:560,000.00-590,000.00Expense Sub Totals:610,000.00Recognize addn'l revenuePro rated Proj 1 & 2 & 3 Garden Sq, Southland, Camelot, Pheseant 753,000.00125,816.00125,816.00525,816.00223,000.0090,000.00313,000.00440,000.00440,000.00753,000.00525,816.00Expense Sub Totals:1,110,000.00-357,000.00-357,000.00Fund Expense Sub Totals:1,110,000.00Fund Revenue Sub Totals:3,829,418.00-3,303,602.00Dept 000 Sub Totals:E20Capital ExpenseE10 Sub Totals:110,000.00203,000.00-560,000.00E20 Sub Totals:1,000,000.00-560,000.00282-000-5-980-00Storm Sewer Improvements1,000,000.00E10Operating Expense282-000-5-422-03Consulting/Engineering50,000.0030,000.00282-000-5-425-10Maintenance Storm Sewer60,000.00173,000.0017,136.00282-000-4-112-03Drainage Fees/Direct Billing108,680.0017,136.00R70 Sub Totals:108,680.00Revenue Sub Totals:3,829,418.00-3,303,602.00R70FeesPage 10 of 18 User:Printed:Period:Amended Budget1 to 9, 2010Budget AmountAmendmentGeneral LedgerBudget StatusAccount NumberDescriptionrthompson10/21/2010 - 9:13 AMDescriptionFundRevenue 6% less than last year ytdRecognize addn'l income227,184.00635,000.00635,000.001,800.001,800.00636,800.00E30SubsidiesR73 Sub Totals:0.001,800.00-3,200.00Revenue Sub Totals:640,000.00284-000-4-661-01Money Market Interest Income0.001,800.00R73Interest Income-5,000.00R10 Sub Totals:640,000.00-5,000.00284-000-4-113-01Sales & Use Tax640,000.002843rd Penny Sales TaxDept 284-000GeneralR10Sales & Use TaxFund 282 Sub Totals:-2,719,418.002,946,602.00Reimburse trademark filing feeUncle Sam Jam Fund150,250.0018,378.0018,378.00168,628.00636,800.00168,628.00-468,172.0024,300.0024,300.0024,300.00150,250.00Fund 284 Sub Totals:-475,622.00-3,200.00Fund Expense Sub Totals:164,378.0024,300.00Revenue Sub Totals:0.0014,378.00E60TransfersE30 Sub Totals:150,000.0024,300.00E60 Sub Totals:14,378.004,000.00R02 Sub Totals:0.0024,300.00R02TIF Taxes314-000-4-111-04Current TIF Taxes0.007,450.00314TIF Dist #1 Debt Serv/InnovDept 314-000General250.00284-000-5-429-21Chambers Visitors Bureau150,000.004,250.00Fund Revenue Sub Totals:640,000.004,250.00Expense Sub Totals:164,378.00250.004,000.00284-000-7-899-03Transfer out to Swiftel CenterPage 11 of 18 User:Printed:Period:Amended Budget1 to 9, 2010Budget AmountAmendmentGeneral LedgerBudget StatusAccount NumberDescriptionrthompson10/21/2010 - 9:13 AMDescriptionFund24,300.0024,300.000.000.0024,300.0024,300.0024,300.000.00315TIF Dist #2/Debt Serv/WeiseFund 314 Sub Totals:0.0024,300.00Fund Expense Sub Totals:0.0024,300.00Fund Revenue Sub Totals:0.00Expense Sub Totals:0.0024,300.0024,300.00E40 Sub Totals:0.0024,300.000.00314-000-5-602-00Interest Payment0.00E40Debt Services314-000-5-601-00Principal Payment0.00FundTIF District closed/returned to CountyFund680.00680.00680.002,346.002,502.002,502.001,822.002,346.00R02 Sub Totals:0.002,346.002,346.00R02TIF Taxes316-000-4-111-04Current TIF Taxes0.001,822.00316TIF Dist #3 Debt Serv/MeadowsDept 316-000GeneralFund 315 Sub Totals:0.00680.00680.00Revenue Sub Totals:0.00680.00R02 Sub Totals:0.00R02TIF Taxes315-000-4-111-04Current TIF Taxes0.002,502.00Expense Sub Totals:0.00E40Debt Services315-000-5-601-00Principal Payment0.002,502.00315TIF Dist #2/Debt Serv/WeiseDept 315-000GeneralPage 12 of 18 User:Printed:Period:Amended Budget1 to 9, 2010Budget AmountAmendmentGeneral LedgerBudget StatusAccount NumberDescriptionrthompson10/21/2010 - 9:13 AMDescriptionFund2,346.002,346.000.0011 458 00E40Debt Services316-000-5-602-00Interest Payment0.002,346.002,346.00Expense Sub Totals:0.002,346.0011 458 00317 000 4 111 04CtTIFT000317TIF Dist #4 Debt Serv/SielerDept 317-000GeneralR02TIF TaxesFund 316 Sub Totals:0.000.00Fund Revenue Sub Totals:0.002,346.00Revenue Sub Totals:0.002,346.002,346.00Fund11,458.0011,458.0011,458.00-461,508.00E60Transfers11,458.0011,458.000.000.0036,000.000.0036,000.0011,458.0011,458.00E20 Sub Totals:497,508.00513-000-5-940-02Sewer and Water0.000.00-325,094.00513-000-5-940-00Streets and Sidewalks172,414.00-136,414.00513-000-5-856-99Streetscape Contingency325,094.00R50Grants State513Streetscape ProjectDept 513-000GeneralE20Capital Expense0.0011,458.000.00Fund 317 Sub Totals:0.0011,458.00Fund Revenue Sub Totals:0.00Fund Expense Sub Totals:0.0011,458.0011,458.00317-000-4-111-04Current TIF Taxes0.00Revenue Sub Totals:E40Debt Services317-000-5-602-00Interest Payment0.00Expense Sub Totals:0.0011,458.00Page 13 of 18 User:Printed:Period:Amended Budget1 to 9, 2010Budget AmountAmendmentGeneral LedgerBudget StatusAccount NumberDescriptionrthompson10/21/2010 - 9:13 AMDescriptionFund225,094.00513-000-7-899-00 Transfer out General Fund 0.001,793,502.001,793,502.001,793,502.00225,094.00325,094.00361,094.001,793,502.00E20Capital ExpenseRevenue Sub Totals:0.00514-000-6-Transfer in GF0.001,793,502.00R99 Sub Totals:0.001,793,502.00General325,094.00Fund 513 Sub Totals:497,508.00-136,414.00Fund Expense Sub Totals:0.00514TIF Dist #1 Project/InnovationDept 514-000R99Transfer0.00513-000-7-899-Transfer out Sales & Use 100,000.00 100,000.00FundCounty ReimbursementsBond Proceeds6,224,000.006,224,000.00348,000.006,000.00224,000.006,000,000.00327,150.001,464,481.00127,500.001,919,131.001,919,131.001,793,502.001,919,131.00125,629.00200,000.00518-000-5-429-09Miscellaneous0.006,000.00518City/County Admin BuildingDept 518-000GeneralE10Operating Expense518-000-5-422-03Consulting/Engineering0.00Revenue Sub Totals:0.006,224,000.006,000,000.00R90 Sub Totals:0.006,224,000.00224,000.00518-000-4-653-50Bond Proceeds0.00518-000-4-441-08County Reimbursement0.001,793,502.00Fund Revenue Sub Totals:0.00-1,233,933.00Expense Sub Totals:-1,233,933.00Fund 514 Sub Totals:3,153,064.00-3,027,435.00Fund Expense Sub Totals:3,153,064.003,153,064.00-1,233,933.00E20 Sub Totals:3,153,064.00514-000-5-450-08Designing Fees330,395.00-202,895.00-613,188.00514-000-5-429-10Storm Drainage-Sewer-Water745,000.00-417,850.00514-000-5-433-01Street-Curb-Gutter Expense2,077,669.00E20Capital Expense,,Page 14 of 18 User:Printed:Period:Amended Budget1 to 9, 2010Budget AmountAmendmentGeneral LedgerBudget StatusAccount NumberDescriptionrthompson10/21/2010 - 9:13 AMDescriptionFundRecognize revenue50,000.000.00354,000.00354,000.006,224,000.00354,000.00-5,870,000.00-6,018,000.00519 Nature ParkDept 519-000 GeneralFund 518 Sub Totals: 0.0050,000.00R75 Donations519-000-4-446-10 Donations 0.006,224,000.00Fund Expense Sub Totals:0.00206,000.00Fund Revenue Sub Totals:0.00206,000.00Expense Sub Totals:0.00206,000.00E10 Sub Totals:0.00518-000-5-450-08Designing Fees0.000.00Recognize revenueTransfering to capital projectDesign N surveyingFund-40,000.0050,000.0050,000.00100,000.0060,000.0060,000.0060,000.00100,000.0060,000.00606 AirportDept 606-000 GeneralE20 Capital Expense519-000-5-940-00 Park Development 0.00-40,000.00Fund 519 Sub Totals:0.00100,000.00Fund Expense Sub Totals:0.0060,000.00Fund Revenue Sub Totals:0.0060,000.00Expense Sub Totals:0.0060,000.0060,000.00E20 Sub Totals:0.0050,000.00Revenue Sub Totals:0.00100,000.0050,000.00R75 Sub Totals:0.00519 000 4 446 10Donations0.00519-000-6-700-00Transfer in General Fund0.0050,000.0050,000.00R99 Sub Totals:0.0050,000.0050,000.00pPage 15 of 18 User:Printed:Period:Amended Budget1 to 9, 2010Budget AmountAmendmentGeneral LedgerBudget StatusAccount NumberDescriptionrthompson10/21/2010 - 9:13 AMDescriptionGrant reimbursementsPietz property and cashflow690,000.000.000.00509,600.00509,600.006,992.004,738.0011,730.00606-000-4-861-09Miscellaneous0.004,738.00475,000.00R99Transfers606-000-6-700-00Transfer in General Fund215,000.00R90 Sub Totals:19,400.00-7,670.00-12,408.00R90Miscellaneous606-000-4-441-08Reimbursed Expense19,400.00R40CountyR50 Sub Totals:637,380.00-127,780.00-127,780.00R50Grants State606-000-4-334-09Grants637,380.00-4,500.00R40 Sub Totals:4,500.00-4,500.00606-000-4-812-00Airflight Taxes4,500.00LEO reimbursementBuilding cancelledWildlife Assessment onlyFundRegional Landfill grant/Waste tire grant350,000.00690,000.001,211,330.000.000.00440,000.0045,500.00485,500.00485,500.001,211,330.00485,500.00-725,830.00R50Grants State625Landfill350,000.00625-000-4-334-09Grants0.00Expense Sub Totals:854,000.00-368,500.00E20 Sub Totals:815,500.00-330,000.00-703,550.00Fund 606 Sub Totals:-22,280.00335,050.00Fund Expense Sub Totals:854,000.00-368,500.00Fund Revenue Sub Totals:876,280.00-250,000.00606-000-5-940-00Other Capital295,500.00-38,500.00E01 Sub Totals:38,500.00-80,000.00606-000-5-911-00Buildings & Structures520,000.00E20Capital Expense606-000-5-101-01Temporary Pay38,500.00E01Personnel Exp Incl Benefits475,000.00Revenue Sub Totals:876,280.00335,050.00R99 Sub Totals:215,000.00-38,500.00Regional Landfill grant/Waste tire grant350,000.00350,000.00625-000-4-334-09Grants0.00Page 16 of 18 User:Printed:Period:Amended Budget1 to 9, 2010Budget AmountAmendmentGeneral LedgerBudget StatusAccount NumberDescriptionrthompson10/21/2010 - 9:13 AMDescriptionTesting Services old landfillGrant advertisingRepair chain link fenceBid 1.1 million, quality assurance,fencetrommel screen, skid steer pushed to 2011350,000.0025,000.0010,500.007,500.0043,000.001,200,000.00465,000.001 665 000 00350,000.00E20S bT tl1 540 000 00E20Capital ExpenseE10 Sub Totals:30,500.0012,500.004,500.00625-000-5-425-09Maintenance Grounds3,000.00625-000-5-423-05Advertising/Promotion Fees7,500.003,000.00625-000-5-422-09Testing Services20,000.005,000.00125 000 00625-000-5-930-00Machinery & Auto Equipment740,000.00-275,000.00400,000.00625-000-5-911-00Buildings & Structures800,000.00E10Operating ExpenseRevenue Sub Totals:0.00350,000.00R50 Sub Totals:0.00350,000.00Fund Coupala repairs cancelled0.000.001,665,000.001,708,000.00350,000.001,708,000.001,358,000.00180,000.00180,000.00180,000.000.00-34,000.00Expense Sub Totals:34,000.00-34,000.00R85 Sub Totals:200,000.00Expense Sub Totals:1,570,500.00137,500.00E20 Sub Totals:1,540,000.00-20,000.00Revenue Sub Totals:200,000.00-34,000.00630-000-5-911-00Buildings & Structures34,000.00E20Capital ExpenseE20 Sub Totals:34,000.00630Research & Tech CenterDept 630-000General-20,000.00R85Rentals630-000-4-848-12Rentals200,000.00-20,000.00137,500.00Fund 625 Sub Totals:1,570,500.00-212,500.00Fund Expense Sub Totals:1,570,500.00Fund Revenue Sub Totals:0.00350,000.00125,000.00Page 17 of 18 User:Printed:Period:Amended Budget1 to 9, 2010Budget AmountAmendmentGeneral LedgerBudget StatusAccount NumberDescriptionrthompson10/21/2010 - 9:13 AMDescription180,000.000.00-180,000.00-34,000.00Fund Revenue Sub Totals:200,000.00-14,000.00-20,000.00Fund Expense Sub Totals:34,000.00Fund 630 Sub Totals:-166,000.00Page 18 of 18 City Council Packet November 9, 2010 Second Reading / Public Hearing 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. 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. City Manager Introduction Action: Motion to Approve, Request Public Comment, Roll Call City Manager Recommendation: Approve 51 City Council Packet November 9, 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: November 9, 2010 Published: November 12, 2010 CITY OF BROOKINGS, SD Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk 52 City Council Packet November 9, 2010 Second Reading / Public Hearing 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. 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- 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), 53 City Council Packet November 9, 2010 (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. (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 54 City Council Packet November 9, 2010 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. City Manager Introduction Action: Motion to Approve, Request Public Comment, Roll Call City Manager Recommendation: Approve 55 City Council Packet November 9, 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: November 9, 2010 Published November 12, 2010 CITY OF BROOKINGS, SD Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk 56 City Council Packet November 9, 2010 Second Reading / Public Hearing 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). 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. City Manager Introduction Action: Motion to Approve, Request Public Comment, Roll Call City Manager Recommendation: Approve 57 City Council Packet November 9, 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 November 9, 2010 Published November 12, 2010 CITY OF BROOKINGS ________________________________ Tim Reed, Mayor ATTEST: ___________________________ Shari Thornes, City Clerk 58 City Council Packet November 9, 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. 64 City Council Packet November 9, 2010 Second Reading / Public Hearing 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). 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. City Manager Introduction Action: Motion to Approve, Request Public Comment, Roll Call City Manager Recommendation: Approve 67 City Council Packet November 9, 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 68 City Council Packet November 9, 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. 72 City Council Packet November 9, 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: 73 City Council Packet November 9, 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 74 City Council Packet November 9, 2010 Other Business 13. Action on Resolution No. 99-10, authorizing the City Manager to sign an Operating Agreement with Wal-Mart Supercenter #1538 for an On-Off Wine License. The Brookings Wal-Mart Supercenter #1538 has applied for a wine license for their business located at 2233 Sixth Street. An operating agreement is required for wine licenses. Resolution No. 99-10 allows the City Manager to enter into the first five years of the 10-year agreement effective through 2015. This license would be subject to annual state renewal in December. If approved, the application would be forwarded to the State Department of Revenue for final action and issuance of the license. Listed below is specific information related to a wine license request and other procedures that are following with an application. Note that restaurant requirements for wine have been eliminated in state law. Listed below is Chapter 5, Article 2, Section 5-20 of the City Code of Ordinances pertaining to Application Review Procedure. The City Council shall review all applications submitted to the City for available On-Sale Alcoholic Beverage Agreements and for On-Sale Malt Beverage and Wine Licenses in accordance with SDCL 35-2 and in accordance with the following factors: (a) Type of business which applicant proposes to operate: On-Sale Alcoholic Beverage Operating Agreements and On-Sale Malt Beverage and Wine Licenses may not be issued to convenience grocery stores, gas stations, or other stores where groceries or gasoline are sold unless it can be established that minors do not regularly frequent the establishment. (b) The manner in which the business is operated: On-Sale Alcoholic Beverage Operating Agreements and On-Sale Malt Beverage and Wine Licenses may not be issued to establishments which are operated in a manner which results in minors regularly frequenting the establishment. (c) The extend to which minors are employed in such a place of business: On-Sale Alcoholic Beverage Operating Agreements and On-Sale Malt Beverage and Wine Licenses may not be issued to convenience grocery stores, gas stations, or other stores where groceries or gasoline are sold and which regularly employ minors. (d) The adequacy of the police facilities to properly police the proposed location: The City Council shall inquire of the Police Chief whether the Police Department can adequately police the proposed location. (e) Other factors: The hours that business is conducted shall be considered by the City Council in its review of applications for on-sale alcoholic beverage operating agreements and on-sale malt beverage and wine licenses. City Manager Introduction Action: Motion to Approve, Request Public Comment, Roll Call City Manager Recommendation: Approve 77 City Council Packet November 9, 2010 Resolution No. 99-10 Wal-Mart Supercenter #1538 Wine Operating Agreement Be It Resolved by the City of Brookings, South Dakota, that the City Council hereby approves a Lease Agreement for the Operating Liquor Management Agreement for wine between the City of Brookings and the Wal-Mart Supercenter #1538 for the purpose of a liquor manager to operate the on-sale establishment or business for and on behalf of the City of Brookings at 2233 Sixth Street. Be It Further Resolved that the City Manager be authorized to execute the Agreement on behalf of the City, which shall be for a period of five (5) years and renewal for another five (5) years. Passed and approved this 9th day of November 2010. CITY OF BROOKINGS Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk 78 City Council Packet November 9, 2010 Other Business 14. Discussion and possible action on SDSU Students Association and Visitor Promotions Subsidy Request for 2011 Budget Supplemental Appropriation. TO: Mayor and City Council Members FROM: City Manager Jeff Weldon RE: Request for supplemental appropriation to the Visitor Promotion Board At the last City Council meeting, you decided to consider this request from the SDSU Student Association for an additional $15,000 from the BBB fund to the Visitor Promotion Board to be earmarked specifically for the Student Fund. As you know, we received a request from the Visitor Promotion Board (VPB) in conjunction with the 2011 budget development process for an increase from $237,500 to $265,000. Of this increase, the VPB wanted to increase various funds including the Student Fund by $15,000. Attached is the request from the VPB as well as the proposed budget for 2011 should the full amount requested be appropriated. A few years ago, the City Council mandated a minimum of $35,000 be appropriated to the Student Fund of the total amount approved for the VPB. During the budget development process, I recommended an increase in the VPB budget from $237,500 to $250,000 and this is what you adopted. The City Council does not set the specific budget of the VPB with the exception of the minimum of $35,000 for the student fund. Other than that, the VPB is free to allocate whatever they wish within their total amount appropriated, including increasing the Student Fund if they so desire. I recommended, and you adopted, increases in the VPB budget of $25,000 over a two-year period in the face of flat-lining most other operational budgets. The 2009 VPB budget was $225,000. This $25,000 increase was based on a determination by the VPB they could not use any more money because there were no more hotel rooms in the community to accommodate such events. 79 City Council Packet November 9, 2010 You have the following options: 1) Allocate additional funds, up to $15,000, from the BBB fund balance to the VPB with a directive to dedicate it to the Student Fund. This will eventually require a budget amendment. NOTE: The current BBB budget provides for expenditures exceeding revenues by $2,410 so we are already dipping into the fund balance. The BBB revenue can be extremely volatile. 2) Direct the VPB to increase the mandated allocation to the Student Fund from within the $250,000 appropriation for an amount up to $15,000. 3) Do nothing. Let the VPB continue to adjust their internal budget allocations as they deem appropriate. The discussion over internal VPB fund allocations belongs with the VPB. City Manager Introduction Action: Motion to Approve, Request Public Comment, Roll Call City Manager Recommendation: Approve 80 City Council Packet November 9, 2010 Other Business 15. Consideration and possible action on Firearms Training Facility. To: Jeff Weldon, City Manager & City Council From: Jeff Miller, Chief of Police Subject: New Police Range Site The development of the Nature Park will begin in 2011 at the old landfill site. This development will displace the current Police Firearms Range. As a response to that displacement, a new firearms range site has been determined and has begun in its development. The site is located in the northeast quadrant of the current landfill. Already embankments have been created to act as a back-stop and side-walls for safety and security. Some of these embankments were improperly placed and some adjustments will need to be made at a minimal cost. The site also has its own entrance which is separate from the main landfill entrance. Additionally the new site will require the addition of a small building and the installation of utilities and security measures. Provided along with this memo is a proposal to the City Manager and Council, requesting funding for the new site and building. Detailed in the proposal is the acquisition of a “Governor’s House,” which is currently available at a purchase price which includes delivery. The house is completed inside and out and includes a heat system. Utilities will have to be brought to the building site and are included in the proposal. Due to the fact that this is a new site, current EPA guidelines apply for lead deposits in the earth. Some larger agencies have opted for a lead recovery system which can run over $100,000. Our most pragmatic option is to utilize what’s coined as “green bullets.” Green bullets are actually made of tungsten or steel which replaces the lead bullet. This option allows us to shoot in to the embankment without having an expensive recovery system. However, this type of ammunition will most likely double the cost of our practice ammunition each year, but still has the least amount of impact on the budget. The acceptance of this proposal will require a letter of intent to purchase the building and then site preparation can begin whenever the weather will allow. If you have any questions, feel free to contact me. Thank you in advance for your consideration. City Manager Introduction Action: Motion to Approve, Request Public Comment, Roll Call City Manager Recommendation: Approve 86 City Council Packet November 9, 2010 Other Business 16. Action to approve Resolution No. 100-10, Consideration of purchase of Downtown Streetscape Furniture with Downtown Streetscape Contingency Funds. The original streetscape plans included furniture for seating at the intersection bumpouts. The steel benches in place have proved very popular and get significant use, as our downtown really has a high level of pedestrian traffic. Since a majority of users congregate as groups of two or more, it would be appropriate to add additional street furniture to accommodate this need in the form of tables with attached seating. These tables would match the benches and trash containers we have, as they are made from strap steel and painted black, each weighing over 300 lbs. One would be placed at each corner bumpout on the 5th Street, 4th Street and north side of the 3rd Street intersections, for a total of 10. Along with the benches, the tables would be removed in winter to facilitate snow removal. Estimated cost is $24,750. The other amenity to be added is a 4 foot x 8 foot semi-enclosed bus shelter, to be placed at the east mid-block crosswalk by the post office. There has been discussion with BATA over the past year regarding a downtown location that would be suitable for a bus stop. BATA told us their most popular location for special stops currently has been in the area of the post office. The east crosswalk bumpout was designed with a set- back that allows a bus to stop out of the lane of traffic and load/unload at that spot. The shelter would be identical to the one on the 400 block of 3rd Avenue at the 72 hr. parking lot. Delivered price is $4,751 and would be installed by park crews at no additional cost. With a total estimated cost of $29,251, the request to be considered would be described as approval to authorize expenditures up to $30,000 of Streetscape contingency funds for tables and the bus shelter. Although spending streetscape funds at this point requires use of contingency, it should be noted that in excess of $100,000 was a change order deduction from the original streetscape contract as a result of eliminating the planned for, but unnecessary, pedestrian bollards from the 105 City Council Packet November 9, 2010 bid, and in an after-bid redesign of the bumpout curbs which deleted a sloped curb behind the regular curb, so the savings in value-engineering far exceeds the dollar amount now requested to enhance the overall Main Avenue improvements. The Streetscape Contingency Funds are summarized as follows: Original Streetscape Contingency: $339,500.00 Streetscape Christmas Decorations: $14,465.87 Downtown Entry Feature: $11,000 (maximum) Current Contingency balance: $314,034.13 City Manager Introduction Action: Motion to Approve, Request Public Comment, Roll Call City Manager Recommendation: Approve 106 City Council Packet November 9, 2010 Resolution No. 100-10 Consideration of Purchase of Downtown Streetscape Furniture with Downtown Streetscape Contingency Funds Whereas, the City of Brookings desires tables for the Downtown Streetscape that would match the existing benches and trash receptacles; and Whereas, the City of Brookings desires a semi-enclosed bus shelter on Main Avenue near the U. S. Post Office; and Now, Therefore, Be It Resolved that the City of Brookings hereby authorizes the expenditure not to exceed $30,000 for the purchase of tables and a bus shelter for the Downtown Streetscape. Passed and approved this 9th day of November 2010. CITY OF BROOKINGS __________________________ Tim Reed, Mayor ATTEST: ________________________ Shari Thornes, City Clerk 107 City Council Packet November 9, 2010 Other Business 17. Action on an Abatement Request from Prairie Meadow Inc. for Lot A and remaining portion of Lot B, Sales Barn Addition, for Parcel #40517-00000-000-01 for a refund of partial tax dollars for years ‘05, ’06, ‘07, ‘08 for a total of $10,394.27 (County Assessor Recommends Denial). Enclosed for Council consideration is a tax abatement request from Prairie Meadow Inc. (Mike McClemans) for a refund of property taxes for years 2005-2006-2007-2008 for a total of $10,394.27. Joyce Dragseth, Brookings County Director of Equalization, is recommending denial of this request as outlined in her enclosed letter. City Manager Introduction Action: Motion to Approve, Request Public Comment, Roll Call 108 City Council Packet November 9, 2010 Other Business 18. Action on an Abatement Request from Prairie Meadow Inc. for Block 12 of McClemans Addition, for a refund of partial tax dollars for years 2007 and 2008 for a total of $4,198.55 (County Assessor Recommends Denial). Enclosed for Council consideration is a tax abatement request from Prairie Meadow Inc. (Mike McClemans) for a refund of property taxes for years 2007-2008 for a total of $4,198.55. Joyce Dragseth, Brookings County Director of Equalization, is recommending denial of this request as outlined in her enclosed letter. City Manager Introduction Action: Motion to Approve, Request Public Comment, Roll Call 117 City Council Packet November 9, 2010 19. Executive Session for purposes of consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters. SDCL 1-25-2. Executive or closed meetings. Executive or closed meetings may be held for the sole purpose of: 1. Discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term “employee” does not include any independent contractors; 2. Discussing the expulsion, suspension, discipline, assignment of or the educational program of a student; 3. Consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters; 4. Discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, where public discussions would be harmful to the competitive position of the business. However, any official action concerning such matters shall be made at an open official meeting. An executive or closed meeting shall be held only upon a majority vote of the members of such body present and voting, and discussion during the closed meeting is restricted to the purpose specified in the closure motion. Nothing in 1-25-1 or this section may be construed to prevent an executive or closed meeting if the Federal or State Constitution or the Federal or State Statutes require or permit it. A violation of this section is a Class 2 misdemeanor. Motion to enter Executive Session – Voice Vote Motion to leave Executive Session – Voice Vote 125 City Council Packet November 9, 2010 126 20. Adjourn.