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.
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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
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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.
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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.
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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
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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
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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.
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City Council Packet
November 9, 2010
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5:00 P.M. WORK SESSION
** Work sessions are open to the public. During the work session the city staff would brief the council
on items for that particular meeting, introduce future topics, and provide a time for Council members to
introduce topics.
6. 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
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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
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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.
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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.
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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.
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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.
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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.
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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
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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
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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
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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
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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.
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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
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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.
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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.
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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,
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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
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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),
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(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
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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
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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
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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
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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
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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.
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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
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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
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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.
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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:
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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126
20. Adjourn.