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HomeMy WebLinkAbout2010_12_28 CC PKT Brookings City Council Tuesday, December 28, 2010 City Hall Council Chambers 311 Third Avenue ** NO 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. 6:00 p.m. REGULAR MEETING 1. Call to order. 2. Pledge of Allegiance. 3. Record of Council Attendance. 4. Action to approve the following Consent Agenda Items: * A. Action to approve the agenda. B. Action to approve the minutes. C. Action on appointments to various city boards, committees and commissions. D. Action on Resolution No. 111-10, a Resolution canceling certain checks for the Brookings Municipal Liquor Store. 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/Presentations/Reports: 5. Open Forum. 6. Project Report; 2010 review and 2011 preview. Contract Awards / Change Orders 7. Action on Resolution No. 112-10, a Resolution authorizing Change Order No. 1 (CCO#1 Final) for 2008-05STI, 32nd Avenue North Street Project (Bowes Construction, Inc.). Action: Motion to Approve, Request Public Comment, Roll Call 8. Action on Resolution No. 113-10, a Resolution authorizing Change Order No. 1 for 2010-01SWR Curb & Gutter and Sidewalk Project (Owens Enterprises, Inc.). Action: Motion to Approve, Request Public Comment, Roll Call 9. Action on Resolution No. 114-10, a Resolution authorizing Change Order No. 1 (CCO #1 Final) for 2010-03SSI Village Square Drainage Improvements (T&R Contracting, Inc.). Action: Motion to Approve, Request Public Comment, Roll Call 1 10. Action to award bid on Golf Car Lease. Action: Motion to Approve, Request Public Comment, Roll Call First Readings** 11. Ordinance No. 40-10: An Ordinance Amending Chapter 70 of the Code of Ordinances of the City of Brookings, South Dakota and pertaining to Collection Containers in the City of Brookings, South Dakota. Public Hearing: January 11, 2011 12. Ordinance No. 41-10: An Ordinance to allow a Conditional Use to establish a Major Home Occupation (metal sharpening and repair) on Lot 15, Block 10, East Acres Second Addition (2031 Derdall Drive). Public Hearing: January 11, 2011 13. Ordinance No. 42-10: An Ordinance amending the Zoning Ordinance pertaining to the creation of the Residence R-1C District. Public Hearing: January 11, 2011 ** 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 14. Ordinance No. 39-10: Budget Amendment #3: authorizing a Supplemental Appropriation to the 2010 Budget for the purpose of providing for additional funds for the Operation of the City. Action: Open & Close Public Hearing, Motion to Approve, Roll Call Alcohol Licenses 15. Public hearing and action on Temporary Liquor License requests for the Swiftel Center on January 7-9, 14, 20, and 24, and February 1-2, 5, 9, 12, 19, 21, 25, and 26, 2011. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 16. Public hearing and action on a Temporary Liquor License request for the VFW on January 8, 2011. Action: Open & Close Public Hearing, Motion to Approve, Roll Call Other Business 17. Action to approve a Preliminary Plat of Prairie Hills Addition in the NE¼ of Section 2-T109N-R50W (20th Street South and Main Avenue South). Action: Motion to Approve, Request Public Comment, Roll Call 18. 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 2 3 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 December 28, 2010 CONSENT AGENDA #4 4. Action to approve the following Consent Agenda Items * A. Action to approve the agenda. B. Action to approve the minutes. C. Action on appointments to various city boards, committees and commissions. D. Action on Resolution No. 111-10, a Resolution canceling certain checks for the Brookings Municipal Liquor Store. *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 4 City Council Packet December 28, 2010 CONSENT AGENDA #4 B. Action to approve City Council Minutes. The draft December 14th Brookings City Council minutes are enclosed for Council review and approval. 5 City Council Packet December 28, 2010 Brookings City Council December 14, 2010 (unapproved) The Brookings City Council held a meeting on Tuesday, December 14, 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. Executive Session. A motion was made by Bartley, seconded by Corbett to enter into Executive Session at 4:05 p.m. for personnel matters. All present voted yes; motion carried. A motion was made by Bezdichek, seconded by Thorpe, to exit Executive Session at 4:55 p.m. All present voted yes; motion carried. Update on Northwest Quadrant. Mayor Reed provided an update on SDSU’s Northwest Quadrant project. He has also invited SDSU staff to February Council Retreat to provide additional updates. Swiftel Center. The Council discussed the following policy issues: naming rights policy and procedures, revenue generation, economic impact indicator data methods and capital improvement plan. Roger Swanson, Director of Business Development for VenuWorks, was present. Review of Charter Revision Process. City Attorney Britzman reviewed the process involved in revising the City’s Charter. A motion was made by Reed, seconded by Bezdichek, to direct the City Attorney to review the City Charter and compare to suggestions given by the National Civic League and report back to the council in six months. All present voted yes; motion carried. Ex-Officio Reports. McClemans reported on the hospital’s remodeling activity. Corbett commented on the Utility rate increases, insurance increases, the 2011 budget approval and the $50,000 increase in the transfer to the general fund. Joint Powers Board Update. Mayor Reed appointed himself to the Joint Powers Board, replacing Council Member Mike Bartley. Topics for future discussion. McClemans requested discussion on the zoning of the area south of SDSU and North of 6th Street in between Medary Ave. and 14th Ave. A motion was made by Reed, seconded by McClemans, to have the Planning Commission bring to the Council within 60 days options for the area South of SDSU and have a public input session at that time. A friendly amendment was added by Bartley to clarify the area as North and South between 6th Street and 8th Street and East and West between Medary Avenue and 14th Avenue. All present voted yes; motion carried. 6 City Council Packet December 28, 2010 6:00 P.M. REGULAR MEETING. Consent Agenda. Item #4C was removed from the Consent Agenda and added as Agenda Item #6A. A motion was made by Kubal, seconded by McClemans, to approve the consent agenda, as amended: A. Action to approve the agenda. B. Action to approve the November 23rd City Council Meeting minutes. On the motion, all present voted yes; motion carried. ITEM REMOVED FROM CONSENT AGENDA: Consent of the City to allow the United Retirement Center to sign a “Leasehold Mortgage.” City Manager Weldon explained the City’s consent is needed due to the current 99-year lease on the current location. A motion was made by Corbett, seconded by Bartley to approve. All present voted yes; motion carried. Feasibility Report on re-location of South Fire Station. Pursuant to the Tier 3 Policy Development Projects of the City of Brookings 2010 Strategic Plan, staff examined potential sites for relocating the South Fire Station to improve response times. The feasibility study is intended to generate discussion and assist the City Council and staff in planning and budgeting for a new substation facility. Mike Struck, Community Development Director, and Darrell Hartmann, Fire Chief, gave a presentation of the proposed sites and the pros and cons with each location. Discussion also included location of a training facility to replace the current facility. Reed requested a tour of the current fire training facility for the council (the old Senior Citizens building). No action was taken. Resolution No. 105-10. A motion was made by Kubal, seconded by Corbett, to approve Resolution No. 105-10, authorizing Change Order on Landfill Trench project. All present voted yes; motion carried. Resolution No. 105-10 A Resolution Authorizing Final Change Order (CCO#1) for Landfill Trench 4 East R. L. Larson Excavating, Inc. Be It Resolved by the City Council that the following change order be allowed for Landfill Trench 4 East: Final Construction Change Order Number 1: Description: 1) Zone A material specification adjusted to 90-100 passing 3/8 sieve. Change in contract: $0, 2) Extra backhoe work to tie in clay liner from 3 east to 4 east. Change in contract add: $12,500.00, 3) Add cleanout to North-South Leachate Line. Change in contract add: $4,000.00, 4) Add extra insulation between leachate pipe and culvert. Change in contract add: $3,500.00, 5) Install additional 650 feet of 12 foot fence. Change in contract add: $8,400.00, 6) Mass excavation quantity 424,013 to 403,121 cy=20,892 x $1.40/cy. Change in contract deduct: ($29,249.00). Net Change Order deduct: ($849.00). Original Contract Amount was $1,130,000.00. Contract price incorporating this change order is $1,129,151.00. Resolution No. 106-10. A motion was made by McClemans, seconded by Thorpe, to approve Resolution No. 106-10, a Resolution Authorizing Final Change Order (CCO#1 Final) for 2010-06STI Chip Seal Project, Topkote, Inc. All present voted yes; motion carried. Resolution No. 106-10 A Resolution Authorizing Final Change Order (CCO#1 Final) for 2010-06STI Chip Seal Project 7 City Council Packet December 28, 2010 Topkote, Inc. Be It Resolved by the City Council that the following change order be allowed for 2010-06STI Chip Seal Project: Construction Change Order Number 1 Final. Adjust estimated bid quantities to “as build” quantities for a total increase of $2,445.57 to close out the project. Ordinance No. 39-10. A first reading was held on Ordinance No. 39-10: Budget Amendment #3: Authorizing a Supplemental Appropriation to the 2010 Budget for the purpose of providing for additional funds for the Operation of the City. Public Hearing: December 28, 2010 Temporary Liquor License Request. A public hearing was held on a Temporary Liquor License request for the Shamrock for events on December 31, 2010 and January 15 and 22, 2011. A motion was made by Bartley, seconded by McClemans, to approve. No public comment was made. All present voted yes; motion carried. Resolution No. 107-10. A motion was made by Kubal, seconded by Thorpe, to approve Resolution No. 107-10, a Resolution authorizing the City Manager to sign an Operating Agreement (Wine) for the Swiftel Center. All present voted yes; motion carried. Resolution No. 107-10 Swiftel Center - 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 Swiftel Center 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 824 32nd Ave. 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. Ordinance No. 38-10. A public hearing was held on Ordinance No. 38-10, an Ordinance amending the Zoning Ordinance of the City of Brookings and pertaining to Small Wind Energy Conversion Systems (SWECS) for the purposes of administration of the Zoning Ordinance. Public hearing: Cliff Kurtz, 1623 Medary Ave. So., expressed concerns this ordinance pertains only to Industrial and not Residential areas. A motion was made by Bartley, seconded by Thorpe to approve Ordinance No. 38-10. All present voted yes; motion carried. Public Hearing: Airport Dual-Track Site Selection. A motion was made by Reed, seconded by Corbett, to select the on-site alternative as the preferred location. A public hearing was held on the Airport Dual-Track Site Selection. Public hearing: Comments were made by Robert Lees, 2135 Elmwood Dr., Jennifer Lacher-Starace, 537 Ridge Dr., and Bob Lacher, 127 W. 16th Ave. So. Bob Babcock, Helms & Assoc. was also present. All present voted yes; motion carried. Resolution No. 108-10. A public hearing was held on Resolution No. 108-10, a Resolution of Intent to Lease Real Property (South Dakota Ag Experiment Station – Airport hayland). No 8 City Council Packet December 28, 2010 public comment was made. A motion was made by Kubal, seconded by McClemans to approve. All present voted yes, except Corbett abstained; motion carried. Resolution No. 108-10 Resolution of Intent to Lease Real Property Be It Resolved by the governing body of the City of Brookings, South Dakota, that the City of Brookings intends to enter into a Lease with South Dakota Ag Station for a period of one (1) year, commencing on January 1, 2011 and ending December 31, 2011 and pertaining to the following described property: The designated hayland on the Brookings Regional Airport, one hundred sixty-seven (167) acres more or less in Sections 26, 27, and 35, T110N, R50W, in the City of Brookings, Brookings County, South Dakota. The Lease will be an amount of Forty Dollars ($40.00) per acre for the hayland, payable first half on April 1 and the remaining half on November 1. The City of Brookings may terminate this Lease at any time in the event a parcel of the above described property is to be adjusted by the City of Brookings. If a portion of the hayland is changed, the number of acres to be paid for will be adjusted at the unit price per acre. Be It Further Noted, that a Public Hearing on this Resolution was held on December 14, 2010 at 6:00 o’clock P.M. at the City Council Chambers and that all persons were given an opportunity to be heard on the intent to lease real property. Resolution No. 109-10. A public hearing was held on Resolution No. 109-10, a Resolution of Intent to Lease Real Property (South Dakota Foundation Seeds – Airport cropland). Public Comment: Lyle Johnson, 46726 212th St., asked why this was not bid. Britzman responded as long as there is public notice of the city’s intent to lease, it is not required by law to be bid. A motion was made by Thorpe, seconded by Bartley to approve. All present voted yes, except Corbett abstained; motion carried. Resolution No. 109-10 Resolution of Intent to Lease Real Property Be It Resolved by the governing body of the City of Brookings, South Dakota, that the City of Brookings intends to enter into a Lease with South Dakota Foundation Seeds for a period of one (1) year, commencing on January 1, 2011 and ending December 31, 2011 and pertaining to the following described property: The designated cropland on the Brookings Regional Airport, one hundred four (104) acres more or less in Sections 26, 27, and 35, T110N, R50W, in the City of Brookings, Brookings County, South Dakota. The Lease will be an amount of Forty Dollars ($72.00) per acre for the cropland, payable first half on April 1 and the remaining half on November 1. The City of Brookings may terminate this Lease at any time in the event a parcel of the above described property is to be adjusted by the City of Brookings. If a portion of the cropland is changed, the number of acres to be paid for will be adjusted at the unit price per acre. Be It Further Noted, that a Public Hearing on this Resolution was held on December 14, 2010 at 6:00 o’clock P.M. at the City Council Chambers and that all persons were given an opportunity to be heard on the intent to lease real property. 9 City Council Packet December 28, 2010 Resolution No. 110-10. A motion was made by Bezdichek, seconded by Thorpe, to approve Resolution No. 110-10, establishing a $75.00 per special meeting Council stipend. No public comment was made. AMENDMENT: A motion was made by Bartley, seconded by Reed, to amend the resolution as follows: add the word ‘each’ in front of ‘special’, make meetings singular, add a comma after $75.00, and delete ‘per special meeting’. All present voted yes, except Corbett and Kubal voted no; motion carried. On the main motion, as amended, all present voted yes, except Corbett and Kubal voted no, motion carried. Resolution No. 110-10 Resolution Establishing Special Meeting Compensation for Council Members of the City of Brookings Be It Resolved by the City Council of the City of Brookings, South Dakota that for each special meeting of the City Council, the Council Members shall be paid a stipend of $75.00, in addition to the annual compensation as established in Section 2.04 of the City Charter. In accordance with City Charter Section 2.04, this resolution shall not become effective until the first regular meeting in May, 2011. City/County Building Construction Budget. Jeff Weldon, City Manager presented to the council the most recent plans for the City/County Building. Dennis Falken, County Commissioner, spoke on the county’s share of this is 52% with the city’s share being 48%. He cautioned if the council votes for anything less than $5.9 million, the percentages will no longer be at the former agreed upon amounts. A motion was made by Bartley, seconded by Kubal, to remove the following motion from the table 11/23/10: “A motion was made by Bartley, seconded by Bezdichek, to approve the $5.9 million budget.” All present voted yes; motion carried. On the November 23, 2010 motion, “A motion was made by Bartley, seconded by Bezdichek, to approve the $5.9 million budget.” All present voted no; motion failed. A motion was made by Reed, seconded by Kubal, to set the City/County Building Construction budget range be between $5.5 - $6 million. No public comment was made. All present voted yes; motion carried. City Manager Compensation Package. A motion was made by Reed, seconded by McClemans, to increase Jeff Weldon, City Manager annual salary to $120,550.00. No public comment was made. All present voted yes; motion carried. Adjourn. A motion was made by Kubal seconded by McClemans, to adjourn. All present voted yes; motion carried. Meeting adjourned at 9:34 p.m. CITY OF BROOKINGS ATTEST: Tim Reed, Mayor Shari Thornes, City Clerk 10 City Council Packet December 28, 2010 CONSENT AGENDA #4 C. Action on appointments to various city boards, committees and commissions. Mayor Tim Reed has submitted the following appointment recommendations for City Council advice and consent: Board of Adjustment Number of positions: 3 Position currently held by: Dave Rusten, Jay Vanduch, Larry Klingbile Term Length: 3 year Residency Requirement: Required or reside within the Joint Jurisdictional Area Purpose: The Board of Adjustment has the authority to act on variances or special exceptions to the zoning ordinance. Four of the five members must vote in the affirmative for a motion to pass. Mayor’s Recommendation: 1. Reappoint Dave Rusten 2. Reappoint Jay Vanduch 3. Reappoint Larry Klingbile Board of Appeals Number of positions: 2 Position currently held by: Spencer Hawley, Vacancy Term Length: 5 year Residency Requirement: Required Purpose: The function of the Board of Appeals is to hear and decide on appeals or orders, decisions or determinations made by the city building officials relative to the application and interpretation of the Building Code, and to determine the suitability of alternate materials and methods of construction. All members of the Board must be qualified by training and experience to pass upon the matters pertaining to building construction. Mayor’s Recommendation: 1. Reappoint Spence Hawley 2. Re-advertise vacancy 11 City Council Packet December 28, 2010 Board of Health Number of positions: 5 Position currently held by: Dr. Merritt Warren, Jesse Ronning, Luanne Napton, Roberta Wagner Term Length: 3 year Vacancies: 1 Residency Requirement: County required (2 may live outside Brookings city limits, but must reside in Brookings county) Purpose: The purpose of the Board of Health is to provide a general supervision of the health of the city with full powers to take all steps and measures necessary to promote the cleanliness and healthfulness and to prevent and arrest the spread of any contagious or infectious diseases and harmful environmental conditions, and to quarantine any person or evacuate any area contaminated by such condition or disease. In addition, the Board is to provide public education for the need of all phases of an integrated solid waste management system. Establish a comprehensive realistic solid waste plan for the city. Develop a financial policy that would be used for raising funds required to build and operate an integrated solid waste program. Develop and promote pilot programs for recycling and collection of household hazardous waste and reducing solid waste. Mayor’s Recommendation: 1. Reappoint Dr. Merritt Warren 2. Reappoint Jessie Ronning 3. Reappoint Roberta Wagner 4. New Appointment – Bob McGrath 5. Re-advertise Vacancy Brookings Committee for People who have Disabilities Number of positions: 3 Position currently held by: David Bertelson, Kathy Heylens, Vacancy Term Length: 3 year Residency Requirement: Required for 7 members Purpose: The Committee strives to advocate for the rights of people who have disabilities in our community. Throughout the year, specific events are held to bring awareness and information to our citizens. Technical assistance is provided to the business community, private individuals, governmental entities, and nonprofit organizations. This is a service not provided by any other entity in Brookings. The goals of this service are to improve the quality of life for people who have disabilities through enhancing the knowledge base of entities in the community; and to further serve as a community-based advocacy group enhancing the ability of local entities to comply with Federal Civil Rights legislation. Mayor’s Recommendation: 1. Reappoint Kathy Heylens 2. New Appointment – Matt Simet 3. Move Kim Lindell from student position to full term 12 City Council Packet December 28, 2010 Brookings Health System Board of Trustees Number of positions: 2 Position currently held by: Julie Whaley, Al Baker Term Length: 3 year Residency Requirement: Must be a resident of Brookings County Purpose: The Brookings Health System Board of Trustees is an administrative board responsible for the planning, operation and evaluation of all hospital and nursing home programs, services and related organizational activities consistent with the City Charter, Ordinance and facility by laws. (Formerly called the “Brookings Hospital Board”.) Mayor’s Recommendation: 1. Reappoint Julie Whaley 2. Reappoint Al Baker Brookings Transportation Board Number of positions: 3 Position currently held by: Nancy Hartenhoff-Crooks, Robert Jones, Jeffrey Weldon Term Length: 3 year Residency Requirement: Not required Purpose: The purpose of the Brookings Transportation Board is to identify opportunities for improved efficiency as measured by increased levels of service or decreased cost, especially through coordination among transportation providers in Brookings. The Brookings Transportation Board shall provide oversight and evaluation of the success of coordinated transportation efforts as well as provide advice and information to other organizations on a regular or as-needed basis. Mayor’s Recommendation: 1. Reappoint Nancy Hartenhoff-Crooks 2. Reappoint Robert Jones 3. Reappoint Jeffrey Weldon Historic Preservation Commission Number of positions: 3 Position currently held by: Dennis Willert, Pam Merchant Term Length: 3 year Vacancies: 1 Residency Requirement: Required Purpose: The purpose of the Historic Preservation Commission is to allow the city to engage in a comprehensive program of historic preservation to promote the inspiration, pleasure and enrichment of the citizens of Brookings through identification, documentation, preservation, promotion, and development of the city’s historic resources. Mayor’s Recommendation: 1. Reappoint Dennis Willert 2. Reappoint Pam Merchant 3. New appointment – Thomas Agostini 13 City Council Packet December 28, 2010 Human Rights Committee Number of positions: 3 Position currently held by: Steve Bayer, George Hamer, Angela Hatton Term Length: 3 year Residency Requirement: Not required Purpose: The Committee has the power to investigate complaints alleging discrimination. Other programs include studying the existence, character and causes and extent of discrimination in employment, housing and public accommodations, property rights, education and public services; advising and providing a forum for those subjected to unfair and discriminatory practices in the City and County; advising City officials concerning matters issues of discrimination; and conducting educational programs and disseminate information for further the committee’s policy to eliminate discrimination in the city. Mayor’s Recommendation: 1. Reappoint Steve Bayer 2. Reappoint George Hamer 3. Reappoint Angela Hatton Library Board Number of positions: 2 Positions currently held by: Lawrence Rogers, Gloria Thvedt Term Length: 3 year Residency Requirement: Required Purpose: The Library Board is responsible for the appointment of the Librarian, the conduct of business and development of policies for the Brookings Public Library materials, the governance of the library and the use of the public library services and materials. Mayor’s Recommendation: 1. Reappoint Lawrence Rogers 2. Reappoint Gloria Thvedt Planning Commission Number of positions: 3 Positions currently held by: Michael Cameron, Dave Kurtz, Donna DeKraai Term Length: 5 year Residency Requirement: Required Purpose: The City Planning Commission is responsible for the city comprehensive plan for the physical development of the city, including areas outside the boundaries of the city and within the planning jurisdiction. Mayor’s Recommendation: 1. Reappoint Mike Cameron 2. Reappoint Donna DeKraai 3. New Appointment – Harold Bailey, III 14 City Council Packet December 28, 2010 Swiftel Center Advisory Committee Number of positions: 2 Positions currently held by: Teri Ronning, Rob Peterson (SDSU Representative) Term Length: 3 year Residency Requirement: Not required Purpose: The Swiftel Center Advisory Committee shall act only in an advisory capacity to the city council, however it shall, in particular, advise the city concerning marketing, operational issues and management of the Swiftel Center, and in particular, shall advise and assist the city in the performance of contracts between the City of Brookings and County of Brookings, and between the City of Brookings and the firm managing the Swiftel Center and which concern the Swiftel Center. Mayor’s Recommendation: 1. Reappoint Teri Ronning 2. Reappoint Rob Peterson Traffic Safety Committee Number of positions: 4 Positions currently held by: Tony Sonnenburg, Brian Lueders, Connie Bridges, Mike Fossum Term Length: 3 year Residency Requirement: The majority of the members shall be residents of the city. Purpose: The Traffic Safety Committee will develop and implement coordinated traffic safety programs that meet local needs; acting in an advisory capacity to the City Manager, City Engineer and the City Council as a whole in the coordination of traffic safety activities of the official agencies and departments of the City of Brookings; establishing safety priorities for the City; reviewing and approving project applications for funding; serving in a liaison capacity between the City of Brookings and the South Dakota Highway Safety Program in developing the State Highway Safety Program and in meeting the National Highway Safety Program Standards; promoting public acceptance of official programs proposed or instigated by the City; fostering public knowledge and support of traffic law enforcement and traffic engineering problems; cooperating with city schools in promoting educational traffic safety aids; educating the public in traffic safety; and generally aiding the overall reduction of traffic accidents, injuries and deaths on the city streets. Mayor’s Recommendation: 1. Reappoint Tony Sonnenburg 2. Reappoint Brian Lueders 3. Reappoint Mike Fossum 4. Re-advertise Citizen-At-Large position 15 City Council Packet December 28, 2010 Visitor Promotions Committee Number of positions: 3 Positions currently held by: Bob Johnson, Lynn Darnall, Didem Koroglu Term Length: 3 years (limit of 2 full terms) Residency Requirement: Not required Purpose: The Visitor Promotions Committee was created to attract out of town visitors for events with economic impact and to attract attention and the expenditures of out of town visitors to the City of Brookings and surrounding area and the VPC shall also provide marketing counsel and advice to the Director of the Brookings Area Convention and Visitors Bureau and the Brookings Area Chamber of Commerce Board of Directors. Mayor’s Recommendation: 1. Reappoint Didem Koroglu 2. New Appointment – Leah Brink 3. Reappoint Lynn Darnall 16 City Council Packet December 28, 2010 CONSENT AGENDA #4 D. Action on Resolution No. 111-10, a Resolution canceling certain checks for the Brookings Municipal Liquor Store. Following is a list of checks from the Liquor Store which are uncollectible: 08-09 Louis O’Neal, Jr. $100.00 05-10 Dakota Larsen $ 58.55 12-09 Linda Branstrom $108.89 12-09 Linda Branstrom $188.47 05-09 Gary Becker $ 54.22 01-09 Michele Buckholz $ 32.54 03-09 Michael Gibson $ 30.83 05-09 Heath Steineke $ 12.51 07-09 Michelle Manu $ 52.96 09-09 Michelle Manu $ 26.04 Total $ 665.01 Resolution No. 111-10 Uncollectible Checks Removed From Liquor Store Records Whereas, The Brookings Municipal Liquor Store has received a total amount of $665.01 in insufficient funds and no account checks; and Whereas, these checks and bills have been processed for collection with the States Attorney and Sheriff’s Office and have been considered uncollectible; Now, Therefore, Be It Resolved that the checks totaling $665.01 for the Liquor Store be determined as uncollectible and removed from the records. Such checks will be retained by the State’s Attorney Office to support possible subsequent collection of that debt. Passed and approved this 28th day of December 2010. CITY OF BROOKINGS ___________________________ ATTEST: Tim Reed, Mayor ______________________________ Shari Thornes, City Clerk 17 City Council Packet December 28, 2010 Open Forum / Presentations / Reports 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. 18 City Council Packet December 28, 2010 Open Forum / Presentations / Reports 6. Project Report; 2010 review and 2011 preview. Several public construction projects were completed this year which constituted a substantial portion of this year’s strategic plan. The following projects are beyond the usual and customary maintenance and repair projects: 2011 Capital Construction Projects Completed Garden Square Storm Drainage Project (S.D. #1) Southland Lane Storm Drainage Project (S.D. #2) [landscaping remains to be completed] Innovation Campus street and utility infrastructure, Phase II Comprehensive Bike Trail Project, Phase I Site clearance and demolition for City-County Government Center Edgebrook Golf Course irrigation system Landfill trench 34th Avenue re-surfacing (done with DOT) Three signalized intersection improvements (done with DOT) 2011 Capital Construction Projects Planned Joint City-County Government Center Nature Park Phase I New firearms range Main Avenue Railroad Crossing Arms/Front Street re-alignment Pheasant Nest Storm Drainage Project (S.D. #3) Underpass Warning System Storm Drainage Project (S.D. #12) Camelot Square Drainage Project (S.D. #4) [if funding permits] Edgebrook Golf Course cart path extensions Park system parking lot repairs Bob Sheldon Field restroom/concession building replacement Sixth Street entryway corridor features [will require CIP amendment] Forestry Shop addition Fire training building misc. repairs 25th Ave. / 10th St. Improvement Project [developer-driven] South Main Avenue sewer extension [developer-driven] 15th St. / 7th Ave. street system connections/storm drainage [developer-driven] 19 City Council Packet December 28, 2010 2011 Planning Projects Airport Layout Plan and preliminary runway design Transportation Plan; 34/20 advocacy program Update of 2020 Comprehensive Plan Nature Park Phase II Bike Trail Extension Phase II Re-location planning & property acquisition of south fire station 32th Avenue extension through Foster Industrial Park City Hall remodeling project for Police Department Railroad safety crossing arms for 22nd Avenue 20th Street Improvement Project (Main to Cumberland) Informational 20 City Council Packet December 28, 2010 Contract Awards / Change Orders 7. Action on Resolution No. 112-10, a Resolution authorizing Change Order No. 1 (CCO#1 Final) for 2008-05STI, 32nd Avenue North Street Project (Bowes Construction, Inc.). This project is for the construction of 32nd Avenue located in the Freeland Addition north of Highway 14 Bypass. The project included storm sewer, grading, detention pond, gravel, curb & gutter, and asphalt paving. The project has been completed and is ready to be closed out. The majority of the construction work was completed during 2008, including the road construction and paving of the bottom lift of asphalt on 32nd Avenue. The existing portion of 32nd Avenue, south of this project was damaged by the hauling operations to construct the street and for the MTR site on north 32nd Avenue. The City requested the Contractor to add approximately 450’ of street digout and asphalt repair to this project. The digout work along with the top lift of asphalt was completed by May 6, 2009. The substantial completion date for this project was August 1, 2008 and the Contractor requested a time extension (see attached letters). This project has not been closed out because the swale to the detention pond was not graded correctly. However, the swale was designed at a very minimal grade due to the site elevations and the swale was too saturated during the fall of 2009 and all of 2010 to complete the grading. Therefore, it was decided to deduct the cost of the grading from the project, which was $2,000. In addition, two days of liquidated damages at $100 per day was charged to the project for the grading work that was not corrected. The total change order is as follows: Original Contract Price: $451,905.60 Change from Previously Approved Change Orders: $ 0.00 Contract Price Prior to this Change Order: $451,905.60 Decrease of this Change Order (No. 1 Final): $ 21,280.74 Contract Price incorporating this Change Order: $473,186.34 This resolution will approve Change Order No. 1 (CCO #1 Final) which will adjust the contract cost to add pavement removal, additional excavation, gravel and asphalt at the south end of 32nd Avenue, deduct $2,000 for the swale grading and adjust the final quantities to as-built quantities for a total increase of $21,280.74 to the contract. The original amount budgeted in the Industrial Fund for this project in 2008 was $500,000, and we have carried forward $27,269.00 to cover the final payment anticipated for 2010 to close out the project so the funds are available for this change order. This change order will also charge the contractor two days of liquidated damages at $100.00 per day to the contractor and will adjust the substantial completion date to May 15, 2009. 21 City Council Packet December 28, 2010 City Manager recommendation: The original street construction work proceeded during the 2008 construction season with very little weather delays and the construction of the MTR site caused the Contractor a delay in completing the street. The addition of the digout repair was a benefit to the City due to the favorable bid costs on this project; however, we wanted the swale grading to be completed. Since the swale is now completely vegetated, the grading should not create any issues for the City. I recommend this change order be approved, which will charge the contractor two days of liquidated damages and deduct $2,000 from the contract to close out the project. City Manager Introduction Action: Motion to Approve, Request Public Comment, Roll Call City Manager Recommendation: Approve (see details above) 22 City Council Packet December 28, 2010 Resolution No. 112-10 A Resolution Authorizing Change Order No. 1 (CCO#1 Final) for 2008-05STI 32nd Avenue North Street Project Bowes Construction, Inc. Be It Resolved by the City Council that the following change order be allowed for 2008-05STI 32nd Avenue North Street Project: Construction Change Order Number 1 (Final): Adjust contract cost to add pavement removal, additional excavation, gravel and asphalt at the south end of 32nd Avenue, deduct $2,000 for swale grading and adjust the final quantities to as- built quantities for a total increase of $21,280.74 to the contract. Assess two days of liquidated damages at $100.00 per day and adjust the substantial completion date to May 15, 2009. Passed and approved this 28th day of December, 2010. CITY OF BROOKINGS _________________________ Tim Reed, Mayor ATTEST: ____________________________ Shari Thornes, City Clerk 23 City Council Packet December 28, 2010 Contract Awards / Change Orders 8. Action on Resolution No. 113-10, a Resolution authorizing Change Order No. 1 for 2010-01SWR Curb & Gutter and Sidewalk Project (Owens Enterprises, Inc.). This project was awarded to Owens Enterprises, Inc. and entailed construction of miscellaneous concrete work in the 2010 sidewalk area which is the area east of Medary Avenue between 6th Street and 8th Street South. This project included repair of curb and gutter, fillets, valley gutters, curb ramps, and homeowner trip hazard sidewalks. Also included with this project was concrete pavement repair on Railroad Street which was scheduled in the 2010 budget as the first year of the 5-year repair plan. In addition, new sidewalk along the City-owned lots on 15th Street South near Willow Springs, and on 12th Street South between Pheasant Run Road and 7th Avenue South was included with the project. The curb and gutter and Railroad Street portions of this project have been completed, however, the trip-hazard sidewalk replacement was not completed during the 2010 construction season. The contractor will complete the trip hazard sidewalk portion of this project in the spring of 2011. This will allow the property owners on the trip hazard list to pay the 2010 replacement costs. Two items are addressed in this change order. The contractor used curb grinding at ramp locations instead of complete curb replacement to reduce the adjacent asphalt patching, which resulted in an increase of $502.40. The contractor also performed unclassified excavation on Railroad Street due to poor subgrade condition which was an increase of $731.97. The total change order increase is $1,234.37 to the contract. The final change order will be calculated in the spring of 2011 after the trip hazard sidewalks are completed. The summary is as follows: Original Contract Price: $106,210.00 Change from Previously Approved Change Orders: $ 0.00 Contract Price prior to this Change Order: $106,210.00 Increase of this Change Order No. 1): $ 1,234.37 Contract Price incorporating this Change Order: $107,444.37 This resolution will approve Change Order No. 1 (CCO #1 Final) for an increase of $1,234.37 to the contract. City Manager Introduction Action: Motion to Approve, Request Public Comment, Roll Call City Manager Recommendation: Approve 27 City Council Packet December 28, 2010 Resolution No. 113-10 A Resolution Authorizing Change Order No. 1(CCO#1) For 2010-01SWR Sidewalk and Curb & Gutter Project Owens Enterprises, Inc. Be It Resolved by the City Council that the following change order be allowed for 2010-01SWR Sidewalk and Curb & Gutter Project: Construction Change Order Number 1: Adjust plan quantities for an increase of $502.40 for curb grinding at curb ramp locations and for an increase of $731.97 for unclassified excavation required on Railroad Street for a total increase of $1,234.37 to the contract. Passed and approved this 28th day of December 2010. CITY OF BROOKINGS _________________________ Tim Reed, Mayor ATTEST: ____________________________ Shari Thornes, City Clerk 28 City Council Packet December 28, 2010 Contract Awards / Change Orders 9. Action on Resolution No. 114-10, a Resolution authorizing Change Order No. 1 (CCO#1 Final) for 2010-03SSI Village Square Drainage Improvements (T&R Contracting, Inc.). The Village Square Drainage Improvement Project is one of the drainage improvement projects identified in the Storm Drainage Master Plan and the project was designed by Civil Design, Inc. The project is located on 8th Street to the north 300 feet, between the Village Square Apartments and the Garden Village Condominiums. The project was awarded to T & R Contracting, Inc. of Sioux Falls and entailed removing the existing six foot wide valley gutter and installing a new 12’ wide concrete valley gutter. The project has been completed and is ready to be closed out. The engineer’s estimate for the project was $124,773.00 and the contract was awarded to T& R Contracting for the low bid of $74,074.65. There were several changes made during construction of this project that are incorporated into this change order, which included work to modify a sanitary sewer service from a 6” to an 8” service for an increase of $1,355.41, add ballast rock under the valley gutter due to unstable and saturated subgrade for an increase of $8,596.48, add retaining walls around two trees to reduce erosion due to a steep embankment for an increase of $1,868.75, add grading and soil preparation in a low area of the project to allow it to drain better for an increase of $155.25, add lawn seeding on the SDSU property that was disturbed by construction access for an increase of $575.00, and adjust plan quantities to as-built quantities for a total increase of $13,697.57 to the contract. Even though this change order is an increase to the project, the project was within the budgeted amount. The project was substantially completed by the completion date and no time extension is required. The change order is summarized as follows: Original Contract Price: $74,074.65 Change from Previously Approved Change Orders: $ 0.00 Contract Price prior to this Change Order: $74,074.65 Increase of this Change Order No. 1 (Final): $13,687.57 Price incorporating this Change Order: $87,762.22 This resolution will approve Change Order No. 1 (CCO #1 Final) for an increase of $13,687.57 to the contract. City Manager Introduction Action: Motion to Approve, Request Public Comment, Roll Call City Manager Recommendation: Approve 30 City Council Packet December 28, 2010 Resolution No. 114-10 A Resolution Authorizing Change Order No. 1 (CCO#1 Final) for 2010-03SSI Village Square Drainage Improvement Project T&R Contracting, Inc. Be It Resolved by the City Council that the following change order be allowed for 2010-03SSI Village Square Drainage Improvement Project: Construction Change Order Number 1 (Final): Adjust contract cost to modify a sewer service from a 6” to an 8” service for an increase of $1,355.41, add ballast rock under the valley gutter due to unstable and saturated subgrade for an increase of $8,596.48, add retaining walls around two trees to reduce erosion for an increase of $1,868.75, add grading and soil preparation in a low area of the project for an increase of $155.25, add lawn seeding on the SDSU property that was disturbed by construction access for an increase of $575.00, and adjust plan quantities to as-built quantities for a total increase of $13,697.57 to the contract. Passed and approved this 28th day of December, 2010. CITY OF BROOKINGS _________________________ Tim Reed, Mayor ATTEST: ____________________________ Shari Thornes, City Clerk 31 City Council Packet December 28, 2010 Contract Awards / Change Orders 10. Action to award bid on Golf Car Lease. The city received three bids for the four year lease/rental of 36 electric golf cars for EdgeBrook Golf Course. All three bids are from qualified long- time companies in the golf car sales and leasing business. The golf cars bid meet all specifications, therefore staff recommendation is to accept the low bid of Midwest Golf Cars of Sioux Falls, South Dakota. Our two past leases (four years and five years, respectively) were with E-Z Go. Prior to that we leased used carts for many years from Midwest. A reference check with a current Midwest lease was satisfactory. Although the per car bid for a tournament fleet was higher with Midwest, overall it is a minor factor, as we only occasionally rent 25-30 cars for a tournament. EDGEBROOK GOLF COURSE BID TAB GOLF CAR 4-YEAR LEASE E-Z GO NB GOLF CARS MIDWEST GOLF CAR DECEMBER 14, 2010 ELKHORN, NE SIOUX FALLS, SD SIOUX FALLS, SD BID SECURITY ENCLOSED 5% check BID BOND 5% check SCHEDULE A. 36 NEW CARTS 1. Payment due May 1, 2011 $27,014.00 $27,950.40 $25,803.36 2. Payment due May 1, 2012 $27,014.00 $27,950.40 $25,803.36 3. Payment due May 1, 2013 $27,014.00 $27,950.40 $25,803.36 4. Payment due May 1, 2014 $27,014.00 $27,950.40 $25,803.36 TOTAL BID PRICE (1 thru 4 above) $108,056.00 $111,801.60 $103,213.44 Brand Name & Model of Carts E-Z GO TXT 48 CLUB CAR 20XL YAMAHA DRIVE SCHEDULE B. TOURNAMENT FLEET 1. Cost per day for tournament fleet, $30.00 per car $30.00 per car $38.50 per car FOB Brookings City Manager Introduction Action: Motion to Approve, Request Public Comment, Roll Call City Manager Recommendation: Approve 34 City Council Packet December 28, 2010 First Reading** 11. Ordinance No. 40-10: An Ordinance Amending Chapter 70 of the Code of Ordinances of the City of Brookings, South Dakota and pertaining to Collection Containers in the City of Brookings, South Dakota. Public Hearing: January 11, 2011 ** 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. Staff periodically receives complaints from neighbors concerning the location and length of time a property’s solid waste collection container remains on the boulevard. The current ordinances are vague in addressing the length of time collection containers can remain on the boulevard. The intent of the ordinance is to allow collection containers to be placed near the curb for collection ease and then return to a suitable place for storage the remainder of the week. Containers located on the boulevard are not as well protected from the elements and are subject to tipping over from windy conditions as well as snow removal operations. The proposed language is similar to previous ordinance language which is believed to have been inadvertently omitted during ordinance recodification. Historically, research indicates such an ordinance existed in 1964 and was amended in 1980. 35 City Council Packet December 28, 2010 Ordinance No. 40-10 An Ordinance Amending Chapter 70 of the Code of Ordinances of the City of Brookings, South Dakota and pertaining to Collection Containers in the City of Brookings, South Dakota. Be it ordained by the Governing Body of the City of Brookings, South Dakota that Chapter 70, Solid Waste, of the Code of Ordinances, shall be amended as follows: Section 1. Sec. 70-107. Location of Carts Generally. The carts required by this article shall be kept in a suitable place on private premises so as to be free from rodents and animals. On the day that the garbage shall be collected from the premises, the carts shall be placed on the parkway or boulevard adjoining the premises. All garbage carts placed on the parkway or boulevard on the day of collection shall be removed the same day. In neighborhoods where garbage is collected in the alley adjoining the premises, the carts must be removed from the alley right of way the same day. No garbage truck shall be required to use any private driveway in the collection of garbage under the provisions of this article. Section 2. Any or all ordinances in conflict herewith are hereby repealed. First Reading: December 28, 2010 Second Reading: Published: CITY OF BROOKINGS, SD _____________________ Tim Reed, Mayor ATTEST: ________________________ Shari Thornes, City Clerk 36 City Council Packet December 28, 2010 First Reading** 12. Ordinance No. 41-10: An Ordinance to allow a Conditional Use to establish a Major Home Occupation (metal sharpening and repair) on Lot 15, Block 10, East Acres Second Addition (2031 Derdall Drive). Public Hearing: January 11, 2011 ** No vote is taken on the first reading of an Ordinance. The title of the Ordinance is read and the date for the public hearing is announced. Applicant: Mike Hemmestad Proposal: Establish a blade (mostly) sharpening business in a low-density residential district. Background: This area developed in the early to mid 1960s. It has remained a single-family neighborhood over the last 50 years. Specifics: The petitioner has a sharpening room toward the back of the house and uses the garage as a repair room. I am assuming that he still uses the garage for parking purposes. The property also has a double wide driveway in front of the garage. The petitioner has stated he can meet the criteria for a major home occupation. No complaints have been received from neighbors, which is noteworthy since the applicant has operated his business for several years. Recommendation: The Planning Commission voted 8 yes and 0 no to recommend approval of this conditional use subject to the stipulation in the ordinance. 37 City Council Packet December 28, 2010 Ordinance No. 41-10 An Ordinance pertaining to an application for a Conditional Use for a Major Home Occupation (metal sharpening and repair) 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 (metal sharpening and repair) on Lot 15, Block 10, East Acres Second Addition with the following conditions: 1. The Conditional Use shall be granted only to Mike Hemmestad. Section 2. All sections and ordinances in conflict herewith are hereby repealed. First Reading: December 28, 2010 Second Reading: Published: CITY OF BROOKINGS ________________________________ Tim Reed, Mayor ATTEST: ___________________________ Shari Thornes, City Clerk 38 City Council Packet December 28, 2010 Planning Commission Brookings, South Dakota December 7, 2010 OFFICIAL MINUTES Chairperson Alan Gregg called the regular meeting of the City Planning Commission to order on December 7, 2010, at 7:00 PM in the Council Chamber at City Hall. Members present were Wayne Avery, Mike Cameron, Greg Fargen, John Gustafson, Al Heuton, Dave Kurtz, John Sydow, and Gregg. Donna DeKraai was absent. Also present were Mike Hemmestad, John Mills, City Engineer Jackie Lanning, Community Development Director Mike Struck, City Manager Jeff Weldon, Planning and Zoning Administrator Dan Hanson and others. Item #3 – Mick Hemmestad has submitted an application for a conditional use to establish a major home occupation (metal sharpening and repair) on Lot 15, Block 10, East Acres Second Addition. (Gustafson/Cameron) Motion to approve the conditional use. (Cameron/Kurtz) Amendment to the motion to add “to Mike Hemmestad only”. All present voted aye. AMENDMENT CARRIED. The motion, as amended, was voted on. All present voted aye. MOTION CARRIED. SUMMARY OF DISCUSSION Item #3 – Hemmestad stated that his home business involved sharpening saw blades, mower blades, and minor repairs to small engines. He spent about 20 to 30 hours per week at the job. He added that no outside storage would occur. Gustafson had visited the site and remarked that the property was neat in appearance. He had also visited with neighbors, and they had no concerns. Kurtz concurred with Gustafson regarding the property. Heuton asked how the blades would be sharpened. Hemmestad replied that blades are hand sharpened except for the power grinding of mower blades. Fargen asked if Hemmestad met the criteria for a home occupation. Hanson responded yes. 44 City Council Packet December 28, 2010 MAJOR HOME OCCUPATION REGULATIONS 50.70.220* Home Occupations. The City of Brookings recognizes the need for some citizens to use their place of residence for limited nonresidential activities. However, the City believes that the need to protect the integrity of its residential districts is the primary concern. A Zoning and Use Registration Permit and a Conditional Use Permit are the methods used to allow and regulate nonresidential activity within a residential district. The objective of these permits is to allow a limited commercial type activity in a residential district only to an extent that neighbors or passersby will not be aware of the activity by any outward appearance or may be aware of the occupation by the existence of a sign or additional traffic. It is therefore necessary to categorize home occupations as minor home occupations and major home occupations. D. Major Home Occupation. A major home occupation shall be allowed upon a premise provided the occupation complies with the following: 1. The occupation shall be conducted entirely within the principal or accessory building 2. The occupation is clearly incidental and secondary to the principal use of the dwelling unit for residential purposes. 3. The occupation shall not occupy more than fifty (50) percent of the gross floor area of one story. 4. Residents of the dwelling unit and one non-resident may be employed or participate in the home occupation. 5. Signs shall be permitted according to the regulations for residential signs in the sign ordinance. 6. There shall be no exterior display, exterior storage or other exterior indication of the home occupation except for a sign. 7. No occupation shall require substantial internal or external alterations or involve construction features not customary in a dwelling unit. 8. Limited quantities of goods, products or materials associated with the home occupation shall be permitted to be stored on the premises. Storage within a garage shall not displace parking spaces required by this ordinance. 9. Toxic, explosive, flammable, combustible, corrosive, radioactive or other restricted materials are prohibited. 10. Any process or activity which causes offensive odors, dust, glare, noise, smoke, heat or vibration detectable to the normal senses off the property and any equipment or process which creates visible or audible interference in radio or television receivers shall be prohibited. 11. Two on-premise parking spaces, in addition to those required for the dwelling unit, shall be provided for the home occupation. 12. There shall not be conducted on the premises the business of selling stocks of merchandise, supplies or products provided that limited retail sales directly related to the home occupation may be sold to clients. 13. No more than one home occupation shall be permitted within any single-family dwelling. 14. Major home occupations that attract customers, clients or other individuals to the premises for sales or services shall not be allowed in an apartment building. 45 City Council Packet December 28, 2010 First Reading** 13. Ordinance No. 42-10: An Ordinance amending the Zoning Ordinance pertaining to the creation of the Residence R-1C District. Public Hearing: January 11, 2011 ** 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. Proposal: Create a medium-density residential district. Background: A group of residents came forward in 2009 to request a review of the dwelling unit per acre densities of the Residence R-2 District. A primary concern was the current area regulations that allowed a two- family dwelling to be established on a lot with 9,900 square feet of area and 65 feet of frontage width. Staff looked at several options including changing the area regulations of the R-2 District, modifying the uses allowed within the R-2 zone or creating a new residential district. The issue of nonconformance was a major consideration. Specifics: Creating the Residence R-1C District addressed several areas of concern. First, it maintained the base area and frontage requirements for a single-family dwelling. Second, it moved the two-family use to the conditional use category. This insured that this change of use would be subject to greater review. Lastly, it increased the minimum lot area and frontage requirements for a two-family dwelling in order to better accommodate the increase in density and on-premise parking availability. The conditional use section of the R-1C District was also reduced by eliminating a vocational or trade school, non-municipal library, museum or art gallery, and a private lake. Recommendation: The Planning Commission voted 8 yes and 0 no to recommend approval of the amendments. 46 City Council Packet December 28, 2010 Ordinance No. 42-10 An ordinance amending the Zoning Ordinance of the City of Brookings and pertaining to the Residence R-1C District for the purposes of administration of the Zoning Ordinance Be it ordained by the Council of the City of Brookings, State of South Dakota: that Chapter 94, Zoning, of the Code of Ordinances, shall be amended as follows: Section 1. Sec. 94-125.5 RESIDENCE R-1C SINGLE-FAMILY (a) Intent. This district is intended to provide for areas of residential use with a gross density of approximately six dwelling units per acre or less. The district permits single-family dwellings and supportive community facilities such as parks, playgrounds, schools, and churches. (b) Scope of Regulations. The regulations set forth in this section or set forth elsewhere in this title, when referred to in this section, are the district regulations of the Residence R-1C Single- Family District. (c ) Permitted Uses. Single-family dwelling including accessory uses incidental thereto such as private garages, parking areas, etc. (d) Permitted Special Uses. A building or premises may be used for the following purposes in conformance with conditions prescribed herein: 1. All permitted special uses and conditions as stated in Section 94-124(d)(R-1A). 2. Private school of general instruction. a. One of the frontages of the premises shall abut upon an arterial or collector street. 3. Family day care. a. Restricted to 12 or less children at any one time. (e) Conditional Uses. 1. Retirement or nursing home 2. Two family dwelling 3. Group home 4. Major home occupation 5. Public recreation facility 6. Bed and breakfast establishment (f) Density, Area, Yard and Height Regulations. The R-1C District regulations shall be as follows: Per Min Min Min Min Min Max Unit Lot Lot Front Side Rear Hgt Density Area Width Yard Yard Yard Sq.Ft. Sq.Ft. Single-Family 7,500 7,500 50' 25' 7' 25' 35' 47 City Council Packet December 28, 2010 Two-Family 5,625 11,250 75' 25' 7' 25' 35' Other Allowable Uses 10,000 75' 25' 10' 25' 35' Density per family requirements shall not apply to dormitories, fraternities, sororities, nursing homes or other similar group quarters where no cooking facilities are provided in individual rooms (g) Accessory Uses. Accessory uses and building permitted in the R-1C District are buildings and uses customarily incidental to any of the permitted uses in the district. (h) Parking Regulations. Parking, loading and stacking within the R-1C District shall be in conformance with the regulations set forth in division 4 of article VI of this chapter (i) Sign Regulations. Signs within the R-1C District shall be in conformance with the regulations set forth in division 5 of article VI of this chapter (j) Other Regulations. Development within the R-1C District shall be in conformance with the regulations set forth in article II of this chapter Section 2. Any or all ordinances in conflict herewith are hereby repealed. First Reading: December 28, 2010 Second Reading: Published: CITY OF BROOKINGS, SD ___________________________________ Tim Reed, Mayor ATTEST: ________________________ Shari Thornes, City Clerk 48 City Council Packet December 28, 2010 Planning Commission Brookings, South Dakota December 7, 2010 OFFICIAL MINUTES Chairperson Alan Gregg called the regular meeting of the City Planning Commission to order on December 7, 2010, at 7:00 PM in the Council Chamber at City Hall. Members present were Wayne Avery, Mike Cameron, Greg Fargen, John Gustafson, Al Heuton, Dave Kurtz, John Sydow, and Gregg. Donna DeKraai was absent. Also present were Mike Hemmestad, John Mills, City Engineer Jackie Lanning, Community Development Director Mike Struck, City Manager Jeff Weldon, Planning and Zoning Administrator Dan Hanson and others. Item #5 – The City of Brookings has submitted amendments to the Zoning Ordinance pertaining to the creation of the Residence R-1C District. (Cameron/Heuton) Motion to approve the amendments. All present voted aye. MOTION CARRIED. SUMMARY OF DISCUSSION Item #5 – No discussion. 50 City Council Packet December 28, 2010 Second Readings / Public Hearings 14. Ordinance No. 39-10: Budget Amendment #3: Authorizing a Supplemental Appropriation to the 2010 Budget for the purpose of providing for additional funds for the Operation of the City. Budget Amendment #3 in 2010 is requesting the Council to allow an amendment to the two previous budget amendments. The Finance Department needs the following adjustments to complete the two ordinances where some entries were inadvertently omitted. Within the original budget amendments, the entries below will correct the budget. Fund Revenue Change Non-Departmental-Transfer in from 25% Sales & Use Tax – Ordinance No. 02-10 $30,182 General Fund Non-Departmental-Transfer in from 75% Sales & Use Tax – Ordinance No. 37-10 ($694,000) Swiftel Center – Transfer in from General Fund – Ordinance No. 02-10 ($300,000) Innovation Campus, TIF#1 – Transfer in from General Fund – Ordinance No. 37-10 $1,793,502 Airport – Transfer in from 75% Sales & Use Tax – Ordinance No. 37-10 ($250,000) City Manager Introduction Action: Open & Close Public Hearing, Motion to Approve, Roll Call City Manager Recommendation: Approve 53 City Council Packet December 28, 2010 Ordinance No. 39-10 An Ordinance Entitled “An Ordinance Completing Ordinance 02-10 and Ordinance 37-10.” Be It Ordained By the City of Brookings, South Dakota: Whereas, the City Council adopted budget Ordinance No. 02-10 amending the 2010 budget, Whereas, the City Council passed Ordinance No. 37-10 amending the 2010 budget, Whereas, the ordinances needs to be amended to accomplish the intent of the original ordinances by recognizing the entries inadvertently omitted, 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 #3 Revenue Expense GF Non-Departmental-Ord 02-10 30,182 GF Non-Departmental-Ord 37-10 (694,000) Swiftel Center-Ord 02-10 (300,000) TIF#1 Innovation Campus-Ord 37-10 1,793,502 Airport-Ord 37-10 (250,000) This Ordinance is declared to be for the support of the municipal government and its existing public institutions and it shall be in full force and effect after its passage and publication. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. First Reading: December 14, 2010 Second Reading: December 28, 2010 Published: December 31, 2010 CITY OF BROOKINGS _________________________ Tim Reed, Mayor ATTEST: ____________________________ Shari Thornes, City Clerk 54 City Council Packet December 28, 2010 Alcohol Licenses 15. Public hearing and action on Temporary Liquor License requests for the Swiftel Center on January 7-9, 14, 20, and 24, and February 1-2, 5, 9, 12, 19, 21, 25, and 26, 2011. The Swiftel Center has applied for temporary liquor licenses for events on the following dates: January 7-9 (tournament), 14 (party), 20 (social), 24 (banquet), 2011 and February 1-2 (meeting), 5 (banquet), 9 (banquet), 12 (banquet), 19 (reception), 21 (conference), 25 (concert), 26 (banquet), 2011. All documents have been filed with the City pertaining to insurance and other licensing requirements. Notice of Public Hearing On Application for Temporary Liquor Licenses NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of Brookings, South Dakota, on December 28, 2010, at 6:00 p.m. in the City Council Chambers, 311 Third Avenue, City of Brookings, will meet in regular session to consider Temporary Liquor Licenses for the Swiftel Center, 824 32nd Ave., on: January 7-9, 14, 20, 24, 2011 and February 1-2, 5, 9, 12, 19, 21, 25, 26, 2011. NOTICE IS FURTHER GIVEN that any person, persons of the attorney, may appear and be heard at said scheduled public hearing who are interested in the approval or rejection of any such application. Dated at Brookings, South Dakota, this 1st day of December, 2010. Shari Thornes, City Clerk City Manager Introduction Action: Open & Close Public Hearing, Motion to Approve, Roll Call City Manager Recommendation: Approve 55 City Council Packet December 28, 2010 Alcohol Licenses 16. Public hearing and action on Temporary Liquor License request for the VFW on January 8, 2011. The VFW has applied for temporary liquor license for a Christmas Party on January 8, 2011. All documents have been filed with the City pertaining to insurance and other licensing requirements. Notice of Public Hearing On Application for Temporary Liquor Licenses NOTICE IS HEREBY GIVEN that the Brookings City Council in and for the City of Brookings, South Dakota, on December 28, 2010, at 6:00 p.m. in the City Council Chambers, 311 Third Avenue, City of Brookings, will meet in regular session to consider a Temporary Liquor Licenses for the National Guard Armory, 300 5th St. So., for a Christmas Party on 1/8/2011. NOTICE IS FURTHER GIVEN that any person, persons of the attorney, may appear and be heard at said scheduled public hearing who are interested in the approval or rejection of any such application. Dated at Brookings, South Dakota, this 15th day of December, 2010. Shari Thornes, City Clerk City Manager Introduction Action: Open & Close Public Hearing, Motion to Approve, Roll Call City Manager Recommendation: Approve 56 City Council Packet December 28, 2010 Other Business 17. Action to approve a preliminary plat of Prairie Hills Addition in the NE¼ of Section 2-T109N-R50W (20th Street South and Main Avenue South). Applicant: Prairie Hills LLC Proposal: Create a mixed use subdivision with different residential densities and various commercial districts. Background: The area proposed under this preliminary plan covers approximately 160 acres with an additional 20 acres of stormwater retention/open space on the east side. Surrounding uses include undeveloped land to the southwest and east and residential uses to the north. Specifics: The various elements of this subdivision plan are addressed below: Street Design – The developer is proposing 70 foot wide collector streets that would connect to commercial lots in the northwest corner. The street intersecting 20th Street South aligns with 7th Avenue South which is the preferred option. Local streets proposed in the low-density residential area have the standard width of 60 feet. Rights-of-way in the planned twin-home neighborhood are shown at 45 feet. This is the same width as rights-of-way in Valley View Addition. The paved roadway width for these streets has not been indicated on the plan. The City Engineer has indicated that a 45 foot wide right-of-way with a 31 foot roadway width (back of curb to back of curb) would be acceptable to the city since no sidewalks would be installed. The developer still has the option to install private streets. The City Engineer has also indicated a desire for a 100 foot wide right-of-way on Main Avenue South (50’ each side). This would insure ample boulevard widths and a five (5) lane arterial street. The plan shows four (4) intersections with Main Avenue South. Three access future residential areas, and one accesses the planned commercial area. All cul-de-sacs conform to the minimum radius requirements. Intersection off-sets are adequate and intersecting streets are at or near 90 degrees. A small roundabout is planned at the intersection of Sweet Grass Drive and Tall Grass parkway. Design details are not shown on this plan. Land Design – Block lengths vary substantially due to the proposed uses and design concepts involved. Lots are laid out in a single-tier design due to an open space separation. Internal lot lines are straight. However, lot lines on some cul-de-sac bulbs 57 City Council Packet December 28, 2010 could be realigned so the radials are close to 90 degrees. These lines can be adjusted during the final platting stage. The Prairie Hills Pond area will serve as a borrow pit to shape and elevate specific areas of the subdivision. The elevation change is approximately 30 feet with the high point on the west edge of the ¼ line and the low point at the east end of the ¼ line and in the northeast corner. Open Space – All lots planned in the subdivision are adjacent to open space. This design is similar to the Indian Hills Addition. Blocks 4, 6, 7, and 8 and a portion of Block 3 would be part of a twinhome development that would incorporate common area among the dwelling units. The Prairie Hills pond and other minor stormwater retention areas would provide additional open space. Utilities – The majority of this subdivision will be served by a new sanitary sewer system that would run south and eventually hook into the existing sewer line at 40th Street South and Main Avenue South. This line would also serve adjacent developments as they come on-line. Other services would follow as development progressed. Street Names – The subdivision ordinance dictates how street names should be applied. Street name suffixes are addressed in order to encourage uniformity throughout the city. Cul-de-sacs should have a name in common with an intersecting street so they can be more easily found by the public or emergency personnel. It is also encouraged to maintain uniqueness with street names within a neighborhood to avoid confusion. City Engineer’s Comment: This is a new development, which will require a drainage plan and grading plan. A portion of the runoff from Indian Hills naturally flows through the area through a culvert under 20th Street South and Main Avenue. Banners Associates staff are designing the drainage and grading plans, which will be required before any final plats are approved. At this time, it is unknown the extent of any cut and fill operation for the development. The City Council approved an agreement which would allow Prairie Hills to utilize platted Lot 3 (shown as “Prairie Hills Pond” along Medary Avenue on the preliminary plat) for use of fill for the development and storm drainage ponds. Recommendation: The Planning Commission voted 8 yes and 0 no to recommend approval of the preliminary plat as presented. City Manager Introduction Action: Motion to Approve, Request Public Comment, Roll Call City Manager Recommendation: Approve 58 City Council Packet December 28, 2010 TO: Jeff Weldon, City Manager FROM: Community Development and Engineering Departments DATE: December 20, 2010 RE: PRELIMINARY PLAT STAFF REPORT Topic: Public sidewalks The Planning Commission recommended approval of the above referenced preliminary plat on December 7, 2010. There were no variances granted from the Subdivision Ordinance in the Planning Commission’s motion and Section 51.64(I) of the ordinance requires sidewalks. The preliminary plat has no language that requests a variance either. However, the applicant stated that the design was to incorporate sidewalks in common areas at the rear of the residential lots in lieu of sidewalks along the rights-of-ways. This is common in the Indian Hills Addition. In order to avoid any misunderstanding, staff proposes that the City Council discuss the installation of sidewalks, where appropriate, with the applicant prior to taking any action. CDD and Engineering staff recommends, at a minimum, public sidewalks along Main Avenue South, 20th Street South, and along all abutting business zoned property. Topic: Main Avenue South right-of-way width The preliminary plat indicated a 40 foot width for the east half of Main Avenue South from 20th Street South to 32nd Street South. Main Avenue South is designated as a Major Arterial street on the Major Street Plan and traffic volumes are anticipated to be high along this corridor in the future. Staff recommends that this width be increased to 50 feet in order to accommodate a future 5-lane roadway with ample boulevard width for future landscaping, pedestrian sidewalks and/or bike trails. Topic: Street names One cul-de-sac is labeled “Revell Place”. The ordinance requires the suffix “circle” for all cul-de-sac streets and this suffix has been used uniformly in subdivisions for several years. Staff recommends that the street be named Revell Circle. RE: ENGINEERING DESIGN STANDARDS STAFF REPORT: Topic: Roadway Widths The developer is requesting a variance to install 28’ wide (back to back of curb dimension) roadways along Goldenrod Trail, Sunflower Road and Chokecherry Lane. The right-of-way for these streets is shown as 45’ on the preliminary plat. The standard residential roadway width is 31’ (back to back of curb dimension) with 60’ rights-of-ways. Most developments in the City of Brookings have installed 31’ wide streets, which will allow parking on both sides of the street and can accommodate two-way traffic in most cases. The Traffic Safety Committee has removed parking from one side of the streets in some areas where street parking is heavily used. In the Valley View development, the City Council approved 27’ wide streets, however, parking was removed from one side of the streets and snow removal has been quite challenging with the narrow street width. Staff strongly recommends requiring the roadway to remain at 31’ wide as required by the Engineering Design Standards to accommodate snow removal, on-street parking and traffic circulation. It is recommended that the City Council’s decision on the above items be stated in the motion to clarify these issues for both departments. 59 City Council Packet December 28, 2010 Planning Commission Brookings, South Dakota December 7, 2010 OFFICIAL MINUTES Chairperson Alan Gregg called the regular meeting of the City Planning Commission to order on December 7, 2010, at 7:00 PM in the Council Chamber at City Hall. Members present were Wayne Avery, Mike Cameron, Greg Fargen, John Gustafson, Al Heuton, Dave Kurtz, John Sydow, and Gregg. Donna DeKraai was absent. Also present were Mike Hemmestad, John Mills, City Engineer Jackie Lanning, Community Development Director Mike Struck, City Manager Jeff Weldon, Planning and Zoning Administrator Dan Hanson and others. Item #4 – Prairie Hills has submitted a preliminary plat of Blocks 2 – 17, Prairie Hills Addition in the E½ of Section 2-T109N-R50W. (Gustafson/Heuton) Motion to approve the preliminary plat. All present voted aye. MOTION CARRIED. SUMMARY OF DISCUSSION Item #4 – John Mills, representing Prairie Hills LLC, stated that the preliminary plan involved land in the northeast ¼ and southeast ¼ of Section 2. He noted that the Commission had seen the concept plan in November, and he would answer any questions they had. Gustafson asked if street names should be continued across intersections. Hanson replied that in most cases, they do. However, there were examples where a developer wanted to create a theme within the subdivision, and street naming was a major part of that goal. Hanson did note that cul-de-sacs in newer subdivisions had “Circle” as a suffix whereas “Revell Place” was assigned to a cul-de-sac in this plan. He added that the prefix of a cul-de-sac street usually matched the name of the intersecting street so the cul-de-sac could be found easier. Lanning stated that the preferred right-of-way width on Main Avenue South was 100 feet or 50 feet per side. She added that the northeast portion of the plan showed 45 foot wide rights-of-ways. This width was acceptable since no sidewalks were proposed. However, a standard 31 foot roadway width would be required. Heuton inquired about the proposed street connections on Main Avenue South. Hanson stated that the locations were acceptable provided utility crossovers were attainable according to Brookings Municipal Utilities. Future adjacent development would be required to match up with these streets. Cameron stated that he preferred the “circle” suffix for cul-de-sacs. Mills responded that the reason “Place” was used on one cul-de-sac was that it represented the spot where the original Revell farmhouse was located. 61 City Council Packet December 28, 2010 65 18. Adjourn.