HomeMy WebLinkAbout2009_02_10 CC PKTCity Council Packet
February 10, 2009
1
Brookings City Council
Tuesday, February 10, 2009
City Hall Council Chambers
311 Third Avenue
5:00 p.m. ~~ Work Session
6:00 p.m. ~~ Council Meeting
Mission Statement
The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse economic base through
innovative thinking, strategic planning, and proactive, fiscally responsible municipal management.
5:00 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. Possible eastside relocation of Brookings Area Transit Authority Service.
2. Presentation on Youth Education and Skill Center (YES Center) General Overview.
3. Cage/Ultimate Fighting.
4. 6:00 p.m. Meeting Review.
5. Council Invites & Obligations.
6. City Council member introduction of topics for future discussion. *
*Any Council member may request discussion of any issue at a future meeting only. Items can not 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 P.M. REGULAR MEETING
1. Call to order.
2. Pledge of Allegiance.
3. City Clerk records council attendance.
4. Action to approve the following Consent Agenda Items *
A. Action to approve the agenda.
B. Action to approve minutes.
C. Action to awards bids for 2009 Ice Arena Project.
D. Action to award bids for Fire Department Equipment.
E. Action to approve Resolution 08-09, to form a Complete Count Committee for 2010
Census.
F. Action to approve an abatement request received from Big Sioux Aviation / Randy Hanson
to abate a portion of the 2006, 2007 and 2008 taxes in the amount of $943.36 for
buildings located on leased sites LS-2, Airport Hangar Addition, Site C.
G. Action to approve an abatement request received from Big Sioux Aviation / Randy Hanson
to abate a portion of the 2006, 2007 and 2008 taxes in the amount of $2,277.08 for
buildings located on leased sites LS-2, Airport Hangar Addition, Site X.
H. Action to approve an abatement request received from Boyd Meyer to abate a portion of
the 2008 taxes in the amount of $381.36 for property located on the E34’9” Lot 17, Blk
12, East Medary Addition.
I. Action to approve an abatement request received from Boyd Meyer to abate a portion of
the 2008 taxes in the amount of $409.50 for property located on the W36’3” Lot 17, Blk
12, East Medary Addition.
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February 10, 2009
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J. Action to approve an abatement request received from Dennis and Lois Blocker to abate
a portion of the 2008 taxes in the amount of $891.48 for property located on the Lot 63,
Blk 5, Hyland Addition.
K. Action to approve Resolution No. 12-09, entering into a Safe Routes To School
Agreement, Project P SRTS(04) PCN 01X6, with the State of South Dakota and Brookings
School District.
L. Action to approve Resolution 09-09, For Project Number PH 3245(00) PCN
00YAOrchard Drive and 22nd Avenue South Signal Project.
M. Action to authorize the Mayor to sign a letter of support for a Habitat for Humanity
application for low interest loan funds through the SD Housing Development Authority
HOME Program Loan Fund Program.
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.
Presentations/Reports/Special Requests:
5. Open Forum.
6. SDSU Report.
Ordinances – 1st Readings **:
** No vote is taken on the first reading of ordinances. The title of the ordinance is read and the date
for the public hearing is announced.
Second Readings & Public Hearings:
7. Ordinance No. 01-09: A petition to rezone the East 60 feet of Lot G, Beale Addition
from a Residence R-2 District to a Planned Development District (1316 6th St.).
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
8. Ordinance No. 02-09: A major amendment to a Planned Development District on Lot
G, Beale Addition pertaining to a change in land use from Residence R-1B District uses
to Residence R-3 and Business B-2 District uses (1300 block on 6th St.).
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
9. Ordinance No. 03-09: A petition to rezone the North 115 feet of the East 50.1 feet of
Lot G, Block 3, First Addition from a Business B-2A District to a Business B-2 District
(506 3rd St.).
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
10. Ordinance No. 04-09: An application for a conditional use to establish a two-family
dwelling on the South ½ of Outlot 11 in the SW ¼ of Section 35-T110N-R50W (1812
Main Ave. So.).
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
11. Public hearing and action on Resolution No. 10-09, a Resolution of Intent to Lease Real
Property (Nichols).
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
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12. Public hearing and action on Resolution No. 11-09, a Resolution of Intent to Lease Real
Property.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
13. Action authorizing the City Manager to enter into a lease agreement with Wayne Raabe
and Michelle Hartman for the rental of property at 368 – 22nd Avenue South.
Action: Motion to approve, request public comment, roll call
14. Public hearing and action on a house moving request from Misty Carlson to move a one-
story, single family dwelling (Governor’s House) from Springfield, SD to Lot 12A,
Parsley Way Addition, also known as 517 Shamrock Lane.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Other Business:
15. Quarterly Financial Report for the Brookings Municipal Liquor Store.
Informational
16. Discussion and possible action to form Brookings Health Systems Task Force.
Action: Motion to Approve, Request Public Comment, Roll Call
17. Revised Restaurant Liquor Operating Agreement.
Informational
18. Adjourn.
Brookings City Council
Scott Munsterman, Mayor
Tim Reed, Deputy Mayor
Mike Bartley, Council Member
Tom Bezdichek, Council Member
Ryan Brunner, Council Member
Mike McClemans, Council Member
Julie Whaley, Council Member
Council Staff:
Jeffrey W. Weldon, City Manager
Steven Britzman, City Attorney
Shari Thornes, City Clerk
View the City Council Meeting Live on the City Government Access Channel 9.
Rebroadcast Schedule: Wednesday @ 1pm, Thursday @ 7 pm, Friday @ 9 pm, and Saturday @ 1 pm.
The complete City Council agenda packet is available on the city website: www.cityofbrookings.org
If you require assistance, alternative formats, and/or accessible locations consistent with the Americans with
Disabilities Act, please contact Shari Thornes, City ADA Coordinator, at 692-6281 at least 3 working days prior to
the meeting.
City Council Packet
February 10, 2009
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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.
1. Possible eastside relocation of Brookings Area Transit
Authority Service.
TO: Mayor & City Council Members
FROM: Jeffrey W. Weldon, Brookings City Manager
RE: BATA Relocation
I was approached by Brenda Schweitzer, Executive Director of the Brookings Area
Transit Authority (BATA), about the possibility of re-locating their facility to a different
location that would provide a larger facility. They currently have no room to grow and
need larger bus garage facilities.
As you know, they currently own a building on grounds provided by the Brookings
County Highway Department with no opportunity to expand the building. They are
considering selling the building to the County if they re-locate and build new facilities.
Because of their funding, they would like to own their facilities as opposed to leasing
them.
Having looked for available land around the community, BATA would like to discuss
with the City Council using some of the city property on 32nd Avenue North
somewhere in the Weise Business Park or just north of the R & T Center. With good
access to I-29, Hwy 14, the Hwy 14 by-pass, and many trip-destination employers such
as those in the Telkamp Industrial Park, BATA views this as a good location.
While these sites are slated for an expansion of commercial activities, we may find that
the co-location of transit services to augment and support commercial activity could be
advantageous to development; and dedicating a few acres to such a service in this area
should not unduly restrict the availability of land for commercial development.
The purpose of having this item on a work session is to inform you of this development,
assess your level of interest in this idea, and give staff direction if you wish to pursue the
idea. Brenda Schweitzer will be at the work session to further describe their space
needs and thoughts about locating in this area.
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February 10, 2009
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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.
2. Presentation on Youth Education and Skill Center (YES
Center) General Overview.
Randy Hanson from Mills Construction will present an overview
of the YES Center project and respond to questions.
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February 10, 2009
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Youth Education and Skill Center (YES Center) General Overview
This multi-use facility is a planned nonprofit organization striving to provide youth, young adults, active
seniors, sportsmen, and equine lovers of all ages with the education, skills, and experiences related to
our Dakota Heritage.
The main components that will make up the center are:
• Precision sports ranges
• Riding arena and livestock facilities
• Horse stalling facilities
• Classroom, sewing, metal and wood shop area, conference and exhibition spaces
• Outdoor classroom areas
• County Extension Offices (4-H, Agronomist, Nutritionist)
• Volunteer Service Bank
•
The Investment
• 5.4 million dollars (estimated)
o Shooting ranges - $1.1M
o County office and common area - $1.7M
o Arena and stalling area - $2.1M
o Stand alone barn - $216,000
o Livestock canopy barn - $220,000
o Rifle tubes - $70,000
Size of Facility
• 128,376 square feet multi-use facilities
o County offices (core area) – 29,560 sq. ft.
o Shooting ranges – 13,616 sq. ft.
o Arena & stalling – 67,200 sq. ft.
o Stand alone barn – 6,000 sq. ft.
o Livestock Canopy Barn – 12,000 sq. ft.
• Land 10-11 acre site
o 34th Avenue location preferred
o Proximity to Swiftel Center, City, & SDSU
o Site Identification is still in progress
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February 10, 2009
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YES Center- Precision Sports Facility
The Precision Sports Facility of the YES Center will improve, enhance, and coordinate precision sports
and wildlife related organizational activities for Brookings County and surrounding area. The
beneficiaries include sportsmen, youth, active seniors, and the general public as well as City, County, and
State (G,F&P). An emphasis is placed on development and safety training in support of the South
Dakota traditions of shooting sports, hunting, and wildlife management through animal balance.
Goals Encompass Priorities of the many Outdoor Precision Sports Enthusiasts
Many related groups look to benefit from the ability to use such a facility. Specific goals for the facility
include:
• Centralization of Precision Sports activities such as 4-H Shooting Sports, archery, pistol, and
small bore clubs and leagues.
• Provide a location where Sportsman Groups (Big Sioux Bowmen, Pheasants Forever, Ducks
Unlimited, Nat’l Wild Turkey Foundation, Rocky Mtn. Elk Foundation, Brookings Wildlife Assn,
etc.) can hold their meeting and events.
• Community and State Hunt Safe and Bowhunter education classes.
• Economic development through hosting tournaments for archery, small bore rifle, and pistol
events.
• Year-around community Precision Sports facility.
• Expand community Precision Sports opportunities.
• Law enforcement qualification and training location.
The Investment
Cost estimates for the 13,616 sq.ft. Precision Sports Facility and large bore rifle shooting tubes are
estimated at 1.17 million.
For more information on the YES Center Precision Sports Facility, contact: Allen Pickard, (605)690-
7308, allen@pickardcropservices.com
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February 10, 2009
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YES Center County Extension & Shared Space Area (Core Plan)
The Core Plan area of the YES Center will provide the main entrance area and common use spaces
needed to support the entire facility. It will also provide the County Extension offices and services the
added classroom and storage spaces they need. Specifically, the Core Plan area of the YES Center will
provide adequate spaces for:
• County Extension Offices (4-H, Agronomist, Nutritionist)
• Volunteer Service Bank
• Classroom, conference, sewing, metal/woodshop, exhibition and meeting room areas for county
and general public
• Lockers, gun vault, adequate storage, concessions area, two kitchenettes, and bathroom facilities
• Viewing areas for both the shooting sports and equine events
• Sportsmen annual meeting areas
The Investment
Cost estimate for the 29,560 sq. ft. Core Plan Area is $1.7 million.
For more information on the YES Center Core Area, contact:
Harold Berkland (Primary Contact)
Brookings County Extension Board Chair
(605)693-4631
Nancy Swanson
SD 4-H Foundation Executive Director
(605)688-4943, nancy.swanson@sdstate.edu
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February 10, 2009
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YES Center Equine Activity and Practice Arena
The Equine Activity and Practice Arena will improve, enhance, and coordinate equine related activities
for the community of Brookings, 4-H youth, active seniors, and the SDSU Equine and Rodeo programs.
This multi-use facility will grow the opportunity for the advancement of equine related activities in this
region.
Goals Encompass Priorities of the many Equine Enthusiasts
Many related equine groups look to benefit from the ability to use such a facility. Specific goals for the
facility include:
• Centralization of equine activities such as 4-H equine events (shows/rodeos), SDSU rodeo
practice, youth and active senior riding classes, boarding, and stabling in a state-of-art facility.
• Community and university equine education classes.
• Economic development through hosting jack-pot roping and barrel horse futurity events.
• Year-around community riding facility.
• Expansion of equine-related events such as regional summer horse shows.
The Investment
Cost estimates for the 67,200 square foot arena and stalling area, 6,000 square foot stand alone barn
and 12,000 square foot livestock canopy barn are estimated at $2.1 million, $216,000 and $220,000
respectively.
For more information on the Yes Center Equine Activity and Practice Arena, contact: Craig Russow,
Major Gift Officer, SDSU Foundation, (605)697-7475, craig.russow@sdsufoundation.org
City Council Packet
February 10, 2009
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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.
3. Cage / Ultimate Fighting
Pursuant to Council discussion on January 13th, the City Attorney has
obtained ordinances from the cities of Sioux Falls and Vermillion related to
cage and ultimate fighting to serve as model ordinance examples to review
and discuss. Staff requests Council review of these examples and
additional direction on the content and language for a Brookings ordinance.
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February 10, 2009
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City of Vermillion, SD
ORDINANCE NO 1201
AN ORDINANCE, AMENDING TITLE XI, BUSINESS REGULATIONS, OF THE 2008 REVISED
ORDINANCES OF THE CITY OF VERMILLION, SOUTH DAKOTA, ADDING CHAPTER 117
REGULATING AMATEUR BOXING, KICKBOXING, OR MIXED MARTIAL ARTS EVENTS
AT PREMISES THAT SERVE ALCHOHOL, ARE LICENSED TO SERVE ALCOHOL, OR
CHARGE ADMISSIONS FEES, PROVIDING FOR FINDINGS OF FACT, DEFINITIONS,
PERMIT REQUIREMENT, FEES, REVIEW, DISPLAY OF EVENT PERMIT AND CONTESTANT
PAIRINGS, APPROVAL OF SANCTIONING BODIES, PENALTIES, PROHIBITED
EXHIBITIONS, REVOCATION, REAPPLICATION AND SEVERABILITY.
WHEREAS, boxing, kickboxing, and mixed martial arts are inherently dangerous activities in
which participants intentionally attempt to inflict physical punishment on one another and
numerous serious injuries and deaths have occurred among even trained, professional
participants as a result of the inherent dangers of boxing, kickboxing, and the mixed martial
arts; and
WHEREAS, proper instruction, training, physical conditioning, equipment, and supervision are
necessary to make the inherently dangerous activities of boxing, kickboxing, and mixed martial
arts as safe as possible for the participants; and.
WHEREAS, the combination of alcohol consumption (and its attendant loss of physical
coordination and mental sharpness) with the lack of proper knowledge, training and
conditioning on the part of participants makes participation in amateur boxing, kickboxing,
mixed martial arts and other combinations of punching and kicking an even more dangerous
proposition for those taking part, and subjects these participants to an unreasonable risk of
serious injury; and
WHEREAS, amateur boxing, kickboxing, and mixed martial arts participants have been known
to suffer serious and at times fatal injuries as a result of their participation in the
aforementioned activities; and
WHEREAS, it is in the best interests of the citizens of Vermillion to have city-wide regulation of
amateur boxing, kickboxing, and mixed martial arts events to insure the protection of the
participants and the public; and
WHEREAS, professional boxing is regulated by the Professional Boxing Safety Act of 1996, Title
15, Chapter 89, Sections 63.01 et seq.
NOW THEREFORE BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF
VERMILLION, SOUTH DAKOTA THAT Amateur boxing, kickboxing or mixed martial arts
events at premises that serve alcohol, are licensed to serve alcohol, or charge admissions fees
are to be regulated as follows:
Sec 117.01. Definitions
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Admission fee – any amount charged or minimum amount required to be expended in exchange
for entrance to the premises where an amateur boxing, kickboxing, or mixed martial arts event
is being held. For the purposes of this Ordinance, the term admission fee shall not include
membership fees charged by health clubs, fitness facilities, gymnasiums, or fees charged for
professional instruction in the sports of boxing, kickboxing, and the mixed martial arts.
Amateur – a person who has never received nor competed for any purse or other article of
value with the exception of those trophies, ribbons, medals, or belts that are consistent within
the style of competition, either for the expenses of training or for participating in a match,
regardless of the amount.
Contestant – any person who competes in any boxing, kickboxing, or mixed martial arts match
or exhibition.
City Manager - the Vermillion City Manager.
Match - contest, bout or competition that involves the sports of boxing, kickboxing, or mixed
martial arts in which the participants strive earnestly to win.
Exhibition – a boxing, kickboxing, or mixed martial arts engagement in which the participants
show or display their skills without necessarily striving to win.
Boxing – to compete with the fists.
Kickboxing – to compete with the fists, feet, legs, or any combination thereof.
Fight nights – activities occurring in bars, clubs and other establishments that encourage or
permit untrained, unskilled persons to engage in boxing, kickboxing, or mixed martial arts and
other combinations of punching and kicking as a form of entertainment.
Licensed physician – a medical doctor (M.D.) or doctor of osteopathy (D.O.) licensed to practice
medicine in the State of South Dakota.
Mixed martial arts - unarmed combat involving the use of a combination of techniques from
different disciplines of the martial arts, including, but not limited to, grappling, kicking, and
striking. “Toughman”, “Ultimate Fighting”, “Extreme Fighting”, “Cage Fighting”, or any similar
competition will be considered Mixed Martial Arts for the purpose of this chapter.
Promoter – any person, firm, or organization responsible for coordinating the match or
exhibition.
Sanctioning body – an organization approved by the City Manager as a body authorized to
sanction boxing, kickboxing, or mixed martial arts matches or exhibitions in the City of
Vermillion.
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Sec 117.02. Regulation of Amateur Boxing, Kickboxing, and Mixed Martial Arts
Matches and Exhibitions
It shall be unlawful to promote, participate in, or allow any amateur boxing, kickboxing, mixed
martial arts and other combinations of punching and kicking or fight night match or exhibition in
the City of Vermillion on any premises licensed to sell alcohol, any premises where alcohol is
served, or any premises that charges an admission fee to enter the location where the match is
held, unless the promoter first obtains a permit from the City Manager. If a law enforcement
officer determines that the requirements of this Chapter have not been satisfied, the law
enforcement officer may immediately terminate the match or exhibition.
Sec 117.03. Permit Requirements
In order to receive a permit for an amateur boxing, kickboxing, or mixed martial arts match or
exhibition, the promoter shall pay a permit application fee and certify the following:
a) The match is governed and authorized under the rules of USA boxing (boxing), the
International Federation of Kickboxing (kickboxing), the International Sports Combat
Federation (mixed martial arts) or another sanctioning body approved by the City
Manager.
b) In addition to following the rules of any sanctioning organization, the promoter must
certify:
i. There will be a licensed physician, either a doctor of medicine (M.D.) or doctor
of osteopathy (D.O.), ringside.
ii. There will be a waiting ambulance on the premises with at least two certified
emergency medical technicians.
iii. A portable defibrillator with all additional equipment necessary for its operation
and oxygen will be available ringside.
iv. The contestants, and any alternates, will be registered and matched at least
seven (7) days before the match.
v. The contestants, and any alternates, shall be matched according to the weight
classes and rules of the sanctioning body, as recognized by the City Manager, for
the particular sport in which the contestant is competing.
vi. A licensed physician shall conduct a pre-match physical of all contestants to
insure that the contestants are fit to participate and that they have not
consumed any alcohol or illegal drugs.
vii. A licensed physician shall conduct a post-match physical of all contestants to
insure that the contestants do not require emergency medical attention.
viii. Health insurance for each participant to provide medical coverage for any
injuries sustained in a match, certificates of which shall be furnished as part of
the permit application.
ix. The contestants will wear protective headgear approved by the sanctioning
body, as recognized by the City Manager, for the particular sport in which the
contestant is competing. If the sanctioning body does not recognize or require
headgear, headgear consistent with the rules and regulations set by the United
States Olympic Committee (USOC)/USA Boxing must be worn.
x. The contestants will each wear custom-made or individually fitted mouthpieces.
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xi. The contestants will wear boxing gloves that correspond with the weight class of
the contestants as established by the sanctioning body, as recognized by the City
Manager, for the particular sport in which the contestant is competing.
xii. That the promoter has arranged with a local law enforcement agency for the
presence of an adequate number of sworn law enforcement officers at the
premises where the match or exhibition will be held. The Chief of Police shall
determine the number of sworn law enforcement officers required to be on the
premises to provide adequate security. In addition, the promoter shall be
responsible for paying the local law enforcement agency for providing the
security required under this section.
c) Proof of a bond or certificate of liability insurance in the amount of at least
$1,000,000.00, indemnifying the public against damages sustained as a result of holding
any match or exhibition as described in this chapter. Such bond or certificate shall be
subject to approval of the City Attorney.
d) The match or exhibition must be held in compliance with the City of Vermillion Code of
Ordinances.
e) The match or exhibition shall be controlled by officials and referees recognized by the
sanctioning body, as recognized by the City Manager, for the particular sport in which
the contestant is competing.
f) The provisions of this section shall not apply to any boxing, kickboxing or mixed martial
arts match or exhibition conducted as part of an interscholastic or intercollegiate
athletic program, or as part of an amateur athletic program sponsored by or under the
supervision of the national Amateur Athletic Union, Law Enforcement Athletic Leagues,
or the United States Olympic Committee/USA Boxing in which all contestants are
amateurs, or to any boxing, kickboxing, or mixed martial arts match or exhibition
conducted under the control or supervision of the U.S. Armed Forces.
Sec 117.04. Permit Fees
a) Fees for all event permits issued under Section 117.03. shall be set by resolution of the
City Council.
b) Payment of fees tendered by check to the City which is dishonored for insufficient
funds, or for any other reason, shall be cause for the City Manager to cancel the permit
issued or withhold issuance of additional permits.
Sec 117.05. Permit Review
a) Upon submission of a complete application for an event permit under Section 117.03.,
the
City Manager shall have 30 days to either approve or reject the permit application. A
permit application shall be rejected unless the applicant makes an affidavit swearing that
all of the itemized requirements of Section 117.04. will be met. The City Manager may
attach additional conditions including, but not limited to, hours of operation, duration of
the event, whether the event may be held indoors or outdoors, or other limitations
deemed necessary for the health, safety, and welfare of the public.
b) Denial of a permit application by the City Manager may be appealed to the City Council.
Sec 117.06. Display of Permit and Match List
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The promoter of any amateur boxing, kickboxing, or mixed martial arts match or exhibition
shall be responsible for the display of the following items at the front entrance of the premises
where the event is to occur:
a) The event permit,
b) The list of matched pairings of contestants and alternates for each match, and
c) An affidavit signed under penalty of perjury that the contestants were matched at least
seven (7) days in advance of the match or exhibition.
Sec 117.07. Approval of Sanctioning Bodies
a) The City Manager shall approve an organization as a sanctioning body upon verification
of the following:
i. The organization has adopted and agrees to enforce a defined set of rules that
applies to all matches which will adequately protect the safety of the participants
and the public and
ii. Said rules have been consistently adhered to during the course of all events
approved by said organization for at least the last five years.
b) The organization approving and governing the matches or exhibitions must be approved
by the City Manager in the particular sport involved in the match or exhibition being
governed.
Sec 117.08. Penalties
a) Any person, firm, corporation or agent who shall fail to comply with any provision of
this Chapter, or cause same to be done, shall be guilty of a violation of this Chapter.
Violations of this Chapter shall be punishable under title I, Chapter 10, Section 10.99.
b) Each and every day or portion thereof during which any violation of any of the
provisions of this chapter is committed or continued shall be deemed to be a separate
offense punishable as provided by this chapter.
c) The City Council shall have the authority to enforce the provisions of this chapter by
injunction or other appropriate judicial writ or proceeding notwithstanding the fact that
a violation of any of the provisions herein is subject to the penalties provided in Section
117.08. (a) above.
d) Whoever opposes, obstructs or resists any enforcement officer or any person
authorized by the enforcement officer in the discharge of his duties as provided by this
chapter shall be subject to the penalties provided herein.
Sec 117.09. Exhibitions prohibited on Public Property
All exhibitions and events described herein are prohibited on public property
Sec 117.10. Revocation
a) The City Manager may revoke a permit required under this chapter at any time if
information is obtained after the permit is issued from which the City Manager may
reasonably conclude that the permit should have been denied.
b) The City Manager may revoke the permit if he/she finds:
i. The person, group, association, or body which had been authorized under the
permit has deviated or will deviate from what was approved in the permit;
ii. The contestants are violating the law or permit conditions; or
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iii. Other emergency conditions require the event to be concluded to protect
public safety.
Prior to terminating the event pursuant to subsection (b)(i), (ii), or (iii) of this section, the
officer must warn the participants and provide them with an opportunity to return to
compliance with the permit conditions.
Sec 117.11. Reapplication
No applicant may request a permit if the applicant is found to have been in violation of any of
the provisions of this chapter within the previous 12 months.
Sec 117.12. Severability
If a court of competent jurisdiction declares any section, sentence, clause, part or provision of
this chapter invalid, such declaration shall not affect the validity of this chapter as a whole, or
any part thereof other than the part declared to be invalid.
Dated at Vermillion, South Dakota this 15th day of December, 2008
THE GOVERNING BODY OF THE CITY
OF VERMILLION, SOUTH DAKOTA
BY____________________________
Dan Christopherson, Mayor
ATTEST:
BY__________________________________
Michael D Carlson, Finance Officer
First Reading: November 3, 2008
Second Reading: December 15, 2008
Publish: December 26, 2008
Effective: January 15, 2009
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5:00 P.M. WORK SESSION
** Work sessions are open to the public. During the work session the city staff would brief the council on items
for that particular meeting, introduce future topics, and provide a time for Council members to introduce topics.
4. 6:00 p.m. Meeting Review.
1. Call to order.
2. Pledge of Allegiance.
3. City Clerk records council attendance.
4. Action to approve the following Consent Agenda Items *
A. Action to approve the agenda.
B. Action to approve minutes.
C. Action to awards bids for 2009 Ice Arena Project.
D. Action to award bids for Fire Department Equipment.
E. Action to approve Resolution 08-09, to form a Complete Count Committee for 2010 Census.
F. Action to approve an abatement request received from Big Sioux Aviation / Randy Hanson to abate a portion of the 2006,
2007 and 2008 taxes in the amount of $943.36 for buildings located on leased sites LS-2, Airport Hangar Addition, Site C.
G. Action to approve an abatement request received from Big Sioux Aviation / Randy Hanson to abate a portion of the 2006,
2007 and 2008 taxes in the amount of $2,277.08 for buildings located on leased sites LS-2, Airport Hangar Addition, Site X.
H. Action to approve an abatement request received from Boyd Meyer to abate a portion of the 2008 taxes in the amount of
$381.36 for property located on the E34’9” Lot 17, Blk 12, East Medary Addition.
I. Action to approve an abatement request received from Boyd Meyer to abate a portion of the 2008 taxes in the amount of
$409.50 for property located on the W36’3” Lot 17, Blk 12, East Medary Addition.
J. Action to approve an abatement request received from Dennis and Lois Blocker to abate a portion of the 2008 taxes in the
amount of $891.48 for property located on the Lot 63, Blk 5, Hyland Addition.
K. Action to approve Resolution No. 12-09, entering into a Safe Routes To School Agreement, Project P SRTS(04) PCN 01X6,
with the State of South Dakota and Brookings School District.
L. Action to approve Resolution 09-09, For Project Number PH 3245(00) PCN 00YAOrchard Drive and 22nd Avenue South
Signal Project.
M. Action to authorize the Mayor to sign a letter of support for a Habitat for Humanity application for low interest loan funds
through the SD Housing Development Authority HOME Program Loan Fund Program.
Action: Motion to approve, request public comment, roll call
Presentations/Reports/Special Requests:
5. Open Forum.
6. SDSU Report.
Second Readings & Public Hearings:
7. Ordinance No. 01-09: A petition to rezone the East 60 feet of Lot G, Beale Addition from a Residence R-2 District to a Planned
Development District (1316 6th St.).
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
8. Ordinance No. 02-09: A major amendment to a Planned Development District on Lot G, Beale Addition pertaining to a change in
land use from Residence R-1B District uses to Residence R-3 and Business B-2 District uses (1300 block on 6th St.). Action:
Open & Close Public Hearing, Motion to Approve, Roll Call
9. Ordinance No. 03-09: A petition to rezone the North 115 feet of the East 50.1 feet of Lot G, Block 3, First Addition from a
Business B-2A District to a Business B-2 District (506 3rd St.).
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
10. Ordinance No. 04-09: An application for a conditional use to establish a two-family dwelling on the South ½ of Outlot 11 in the SW
¼ of Section 35-T110N-R50W (1812 Main Ave. So.).
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
11. Public hearing and action on Resolution No. 10-09, a Resolution of Intent to Lease Real Property (Nichols).
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
12. Public hearing and action on Resolution No. 11-09, a Resolution of Intent to Lease Real Property.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
13. Action authorizing the City Manager to enter into a lease agreement with Wayne Raabe and Michelle Hartman for the rental of
property at 368 – 22nd Avenue South.
Action: Motion to approve, request public comment, roll call
14. Public hearing and action on a house moving request from Misty Carlson to move a one-story, single family dwelling (Governor’s
House) from Springfield, SD to Lot 12A, Parsley Way Addition, also known as 517 Shamrock Lane.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Other Business:
15. Quarterly Financial Report for the Brookings Municipal Liquor Store.
16. Discussion and possible action to form Brookings Health Systems Task Force.
Action: Motion to Approve, Request Public Comment, Roll Call
17. Revised Restaurant Liquor Operating Agreement.
18. Adjourn.
City Council Packet
February 10, 2009
26
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. Council Invites & Obligations
February 10th
City Council Meeting
5 & 6 pm
City Hall
February 16th
Holiday / President’s Day
City Hall Closed
February 19th
Annual Goal Setting Retreat
All Day
Brookings
February 23rd
Annual Chamber/BEDC Meeting
5 pm
Brookings
February 24th
City Council Meeting
5 & 6 pm
City Hall
February 27th
Deadline to file petitions
5 pm
March 16-20
Board of Equalization Hearings
March 25-26
SD Airports Conference
8:30 am
Aberdeen Ramkota
April 14th
Election
City Council Packet
February 10, 2009
27
5:00 P.M. WORK SESSION
** Work sessions are open to the public. During the work session the city staff would brief the council on items
for that particular meeting, introduce future topics, and provide a time for Council members to introduce topics.
6. City Council member introduction of topics for future
discussion*.
*Any Council member may request discussion of any issue at a future meeting
only. Items can not 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.
City Council Packet
February 10, 2009
28
6:00 p.m. Council Meeting
6:00 P.M. REGULAR MEETING
1. Call to order.
2. Pledge of Allegiance.
3. City Clerk records council attendance.
4. Action to approve the following Consent Agenda Items *
A. Action to approve the agenda.
B. Action to approve minutes.
C. Action to awards bids for 2009 Ice Arena Project.
D. Action to award bids for Fire Department Equipment.
E. Action to approve Resolution 08-09, to form a Complete Count Committee for 2010 Census.
F. Action to approve an abatement request received from Big Sioux Aviation / Randy Hanson to abate a portion of the
2006, 2007 and 2008 taxes in the amount of $943.36 for buildings located on leased sites LS-2, Airport Hangar
Addition, Site C.
G. Action to approve an abatement request received from Big Sioux Aviation / Randy Hanson to abate a portion of the
2006, 2007 and 2008 taxes in the amount of $2,277.08 for buildings located on leased sites LS-2, Airport Hangar
Addition, Site X.
H. Action to approve an abatement request received from Boyd Meyer to abate a portion of the 2008 taxes in the amount
of $381.36 for property located on the E34’9” Lot 17, Blk 12, East Medary Addition.
I. Action to approve an abatement request received from Boyd Meyer to abate a portion of the 2008 taxes in the amount
of $409.50 for property located on the W36’3” Lot 17, Blk 12, East Medary Addition.
J. Action to approve an abatement request received from Dennis and Lois Blocker to abate a portion of the 2008 taxes in
the amount of $891.48 for property located on the Lot 63, Blk 5, Hyland Addition.
K. Action to approve Resolution No. 12-09, entering into a Safe Routes To School Agreement, Project P SRTS(04) PCN
01X6, with the State of South Dakota and Brookings School District.
L. Action to approve Resolution 09-09, For Project Number PH 3245(00) PCN 00YAOrchard Drive and 22nd Avenue
South Signal Project.
M. Action to authorize the Mayor to sign a letter of support for a Habitat for Humanity application for low interest loan
funds through the SD Housing Development Authority HOME Program Loan Fund Program.
Action: Motion to approve, request public comment, roll call
Presentations/Reports/Special Requests:
5. Open Forum.
6. SDSU Report.
Second Readings & Public Hearings:
7. Ordinance No. 01-09: A petition to rezone the East 60 feet of Lot G, Beale Addition from a Residence R-2 District to a
Planned Development District (1316 6th St.).
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
8. Ordinance No. 02-09: A major amendment to a Planned Development District on Lot G, Beale Addition pertaining to a
change in land use from Residence R-1B District uses to Residence R-3 and Business B-2 District uses (1300 block on 6th
St.).
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
9. Ordinance No. 03-09: A petition to rezone the North 115 feet of the East 50.1 feet of Lot G, Block 3, First Addition from a
Business B-2A District to a Business B-2 District (506 3rd St.).
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
10. Ordinance No. 04-09: An application for a conditional use to establish a two-family dwelling on the South ½ of Outlot 11 in
the SW ¼ of Section 35-T110N-R50W (1812 Main Ave. So.).
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
11. Public hearing and action on Resolution No. 10-09, a Resolution of Intent to Lease Real Property (Nichols).
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
12. Public hearing and action on Resolution No. 11-09, a Resolution of Intent to Lease Real Property (Kastner).
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
13. Action authorizing the City Manager to enter into a lease agreement with Wayne Raabe and Michelle Hartman for the rental
of property at 368 – 22nd Avenue South.
Action: Motion to approve, request public comment, roll call
14. Public hearing and action on a house moving request from Misty Carlson to move a one-story, single family dwelling
(Governor’s House) from Springfield, SD to Lot 12A, Parsley Way Addition, also known as 517 Shamrock Lane.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
Other Business:
15. Quarterly Financial Report for the Brookings Municipal Liquor Store.
16. Discussion and possible action to form Brookings Health Systems Task Force.
Action: Motion to Approve, Request Public Comment, Roll Call
17. Revised Restaurant Liquor Operating Agreement.
18. Adjourn.
City Council Packet
February 10, 2009
29
CONSENT AGENDA #4
4. Action to approve the following Consent Agenda Items *
A. Action to approve the agenda.
B. Action to approve minutes.
C. Action to awards bids for 2009 Ice Arena Project.
D. Action to award bids for Fire Department Equipment.
E. Action to approve Resolution 08-09, to form a Complete Count Committee for
2010 Census.
F. Action to approve an abatement request received from Big Sioux Aviation /
Randy Hanson to abate a portion of the 2006, 2007 and 2008 taxes in the
amount of $943.36 for buildings located on leased sites LS-2, Airport Hangar
Addition, Site C.
G. Action to approve an abatement request received from Big Sioux Aviation /
Randy Hanson to abate a portion of the 2006, 2007 and 2008 taxes in the
amount of $2,277.08 for buildings located on leased sites LS-2, Airport Hangar
Addition, Site X.
H. Action to approve an abatement request received from Boyd Meyer to abate a
portion of the 2008 taxes in the amount of $381.36 for property located on the
E34’9” Lot 17, Blk 12, East Medary Addition.
I. Action to approve an abatement request received from Boyd Meyer to abate a
portion of the 2008 taxes in the amount of $409.50 for property located on the
W36’3” Lot 17, Blk 12, East Medary Addition.
J. Action to approve an abatement request received from Dennis and Lois Blocker
to abate a portion of the 2008 taxes in the amount of $891.48 for property
located on the Lot 63, Blk 5, Hyland Addition.
K. Action to approve Resolution No. 12-09, entering into a Safe Routes To School
Agreement, Project P SRTS(04) PCN 01X6, with the State of South Dakota and
Brookings School District.
L. Action to approve Resolution 09-09, For Project Number PH 3245(00) PCN
00YAOrchard Drive and 22nd Avenue South Signal Project.
M. Action to authorize the Mayor to sign a letter of support for a Habitat for
Humanity application for low interest loan funds through the SD Housing
Development Authority HOME Program Loan Fund Program.
Action: Motion to approve, request public comment, roll call
City Manager Recommendation: Approve
City Council Packet
February 10, 2009
30
CONSENT AGENDA #4
4B. Action to approve the January 13, 2009 City Council
Meeting Minutes.
The draft minutes of the City Council January 13th meeting are enclosed for
review and approval.
City Council Packet
February 10, 2009
31
Brookings City Council
January 13, 2009
(unapproved)
The Brookings City Council held a meeting on Tuesday, January 13, 2009 at 5:00 p.m., at City Hall
with the following members present: Mayor Scott Munsterman, Council Members Julie Whaley,
Ryan Brunner, Tim Reed, Mike McClemans, and Tom Bezdichek. Council Member Mike Bartley
was absent. City Manager Jeff Weldon, City Attorney Steve Britzman, and City Clerk Shari Thornes
were also present.
5:00 P.M. WORK SESSION
Update on Campus/Student Housing Issues – SDSU Master Housing Plan. Marysz Rames, Vice President
for Student Affairs at South Dakota State University, provided the City Council with the following update
on the campus housing master planning efforts.
Executive Summary Introduction: The South Dakota State University (SDSU) ten-year Residential
Life and Dining Services Master Plan identifies facilities and service priorities that respond to
student needs. The plan accommodates the minimal enrollment growth anticipated by the
University, replaces and remodels current undergraduate housing and increases the number of
upper-division/graduate students living on campus.
To fulfill SDSU’s strategic goals, this plan creates two neighborhoods; undergraduate student
housing on the southeast side of campus and upper-division/graduate student housing on the
northwest side of campus. The plan includes enhancements to the dining services program to meet
the needs of these neighborhoods. On-going system-wide maintenance and repair issues are also
addressed.
To accomplish this plan, a three-phased approach was developed to include: Construction of new
undergraduate housing, creation of upper-division/graduate student housing, development of dining
services to support the added housing, and renovation and maintenance of existing residential
facilities.
Executive Summary Planning Process
Step One - Residential Life Self-Study: To develop recommendations for the residential life
program the Residential Life Facility Planning Committee convened in fall 2007. This committee
conducted the following activities:
• Visited sites of recently constructed residence halls at SUNY-Buffalo, Drake University,
the University of North Dakota and North Dakota State University.
• Attended two national conferences that examined residence hall financing and modern
residence hall design.
• Interviewed residential life staff at Minnesota State-Mankato, the University of Illinois and
the University of South Dakota.
• Surveyed students to determine building amenities, price points and potential retail
services.
The self-study recommended creating undergraduate and upper-division/graduate student
neighborhoods.
City Council Packet
February 10, 2009
32
Step Two - Independent Consultant Review: Anderson Strickler, Limited (ASL) was hired to
conduct a review of the self-study. Their review consisted of:
• Convened focus groups with students, Residential Life staff, Student Affairs staff and Brookings
leadership to confirm planning elements.
• Studied University planning documents to include, Student Affairs, Residential Life and Dining
Services strategic plans as well as the Comfort Enrollment Projection to assess congruency between
self-study recommendations and existing planning goals.
ASL supported the recommendations to move forward with the creation of neighborhoods devoted
to undergraduate and upper-division/graduate student housing.
Step Three - Dining Service Component: Parallel to the development of initial residence hall plans,
a dining services committee conducted the following research:
• Visited upscale dining services sites at Grand Valley State University and Central Michigan
University.
• Reviewed customer counts in the Student Union, Larson and Medary Commons.
• Conducted student focus groups to collect information on current and future dining needs.
The information gathered by the committee supported the need to expand the dining operation in
the Student Union and to renovate Larson Commons to accommodate the expanded
neighborhoods on the southeast side of campus.
Step Four - Master Plan Development: The Board of Regents convened a Building Committee in
August 2008. A team led by Koch Hazard was selected to review existing planning efforts and
conduct additional research to develop a single comprehensive Residential Life and Dining Services
master plan.
Executive Summary Planning & Construction Phases: To accomplish the plan, the following three-
phased approach is recommended:
Phase I (2008 – 2010)
• Establish an undergraduate neighborhood on the southeast side of campus with the construction
of a 408-bed pod-style residence hall.
• Expand dining services in the Student Union and improve Larson Commons to accommodate
additional undergraduate students.
• Reallocate Waneta Hall to housing upper-division students in singles on the northwest side of
campus.
• Renovate Mathews Hall by increasing the community space, improving asthetics and integrating
natural light.
• Complete previously identified M&R list which includes bathroom remodels, roofs and
windows.
• Establish differential rates for halls based on enhancements and proximity to amenities.
• Investigate the need for upper-division/graduate student housing and Family Student Housing.
Phase II (2010 – 2012)
• Replace Hansen Hall by constructing two 342-bed pod-style residence halls for freshman and
sophomore students on the southeast side of campus.
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February 10, 2009
33
• Reconfigure Hansen Hall to create housing for upper-division/graduate students on the
northwest side of campus.
• Renovate remaining traditional halls.
• Remodel Medary Commons to align dining service offerings with the upper-division
neighborhood on the northwest side of campus.
Phase III (2012 – 2018)
• Construct a 300-bed complex on the northwest side of campus for upper-division/graduate
students.
• Develop retail opportunities associated with the residential neighborhoods on the southeast and
northwest sides of campus.
Bezdichek asked if bike racks and storage were incorporated into the plan. Yes, a new bike storage area with an
awning will be in front of the new halls. He also asked if SDSU had any plans for skywalks or tunnels. No, the
cluster design of the structures is to minimize the distance between buildings. The overall strategy is to create
“villages” for freshman to help retain and graduate them.
Reed asked if the number of students living off campus was growing at the same rate as the university. Rames said
their goal is to stay balanced.
Weldon asked what the projected increase in capacity for housing was with each phase. Rames said Phase 1 will be
replacing Waneta with 236 over to the new hall and remainder will be growth and 236 more upper class on the north
side of campus. When all three phases are completed it will produce 800 additional ‘beds’ in the next 10 years.
Brunner asked if the resident halls were up for discussion in this Legislative Session. Rames said residence halls don’t
go to the Legislature for approval. The Board of Regents approved the plan in October 2008 and SDSU hopes to
break ground this spring for the new hall and dining to be completed this summer 2009.
Munsterman commented that he was very pleased to see where this project is at, noting it was only 3 or 4 years ago the
Council discussed housing issues and needs with SDSU. He commended SDSU officials for a strategic plan that
will grow the university and community for the next 10 years.
Swiftel Center Events Programming. At a previous meeting Councilman Bezdichek requested
the Council discuss whether or not to permit Cage Fighting (Mixed Martial Arts) as an event at the
Swiftel Center.
Bezdichek said events at a public facility such as the Swiftel Center are in part funded by citizens and
the City should consider the appropriateness of some events held there, specifically referring to cage
fighting. He said he doesn’t have a problem with a private entity wanting to bring in this type of
event. In those cases, it would be up to a private enterprise or individuals and the citizens have a
choice whether to go or not. With a cage fighting event at the Swiftel Center, individuals still have a
choice to attend or not, but every taxpayer in Brookings is paying for that event. The reason for
bringing it up is to have a discussion if that type of event is appropriate at a public facility. He
commented that he knows it is popular spectator sport. He personally doesn’t care for it and
doesn’t like it in a city facility funded by the taxpayers. He noted it may be a signage issue, because
whenever it’s scheduled to be in town there’s a trailer with advertising parked along 6th Street and he
questioned if that violated the sign ordinance.
City Council Packet
February 10, 2009
34
Steve Britzman, City Attorney, provided the Council with a copy of the Sioux Falls ordinance
pertaining to ultimate fighting, which was passed in 2005, that established guidelines for private
facilities. In the case of Brookings, it would be a city owned facility and city policies could dictate
specific rules.
Munsterman questioned if the ordinance was written for any public facilities in Sioux Falls or if
these events were prohibited in their public facilities.
Munsterman asked the Council if they’d be interested in discussing this issue further on a future
agenda after there’s been some opportunity advertise the topic, obtain feedback from citizens, and
look at sample ordinances.
Reed felt whether the activity is in a public facility or not, an ordinance needs to be put in place that
provides guidelines.
ACTION: A motion was made by Munsterman, seconded by Bezdichek, to direct the City
Attorney to draft an ordinance on ultimate fighting and when it’s ready, place on a future
work session agenda and go through it. Discussion: Whaley said she’d like to have the
management team here at the meeting with comments and information from the Visitor’s
Bureau on the number of people who attend these events. Brunner said he’d like to see any
ordinance that would regulate these types of events, but has not made up his mind on the
topic. He’d like to see it on a future agenda to discuss further. He’d like more information
and feedback from the public on the topic. All present voted yes; motion carried.
Transportation Bill. Weldon provided the following report. Last year a bill was introduced in
the South Dakota Legislature that would have authorized local units of government to create special
service districts for purposes of generating revenue for transportation improvement projects, as well
as manage and oversee the construction of those projects. The bill passed a Senate committee but
failed on the floor. Given the current condition of state finances for transportation improvements,
this bill would have provided a new mechanism for generating funding at the local level for local
projects based on local option authority.
A new bill is ready for introduction that would authorizes a local unit of government, or a
combination of local units of government, to create a special service district that can levy taxes for
purposes of making transportation improvements to whatever extent, scope, magnitude deemed
necessary by an elected board of the district. The transportation district is totally locally-controlled
and it’s taxing and spending authority can be determined based upon the transportation needs of the
district however it is comprised. All policy actions are subject to referral just like other local units of
government.
Munsterman noted that the only addition to the bill is adding townships. He clarified that the bill
was pulled off the floor in last year’s session and not voted down.
ACTION: A motion was made by Reed, seconded by Brunner, to support a Transportation
Bill being promoted by the City of Brookings for this Legislative Session. All present voted
yes; motion carried.
City Council Packet
February 10, 2009
35
Transportation Board Report. Weldon presented the Transportation Board’s Report to the City
Council on December 9th and additional review and discussion of the report was requested.
Weldon reviewed the comments made at that meeting and provided responses to some of the
questions that were raised.
Whaley had questioned why emergency planning received only two votes and wondered what that consisted of. Weldon
responded that the entire issue was primarily driven by emergency preparedness and if buses could be mobilized quickly
enough. This was already handled by the Emergency Planning and Disaster Preparedness Group and the Board
didn’t want to duplicate their efforts.
Reed asked if he could get a cost estimate on way-finding signage before the council discussion. Weldon responded that
the costs depend on how extensive the City would proceed. A similar sized city spent $75,000 for adequate signage;
however, some of those costs were driven up for customized posts. With Brookings, the issue is more complicated
because 6th Street is controlled by the State Department of Transportation and the State wants consistency in signage
and doesn’t want sign ‘pollution’. However, it is the City’s main arterial used to navigate visitors.
Weldon said the Board would like to begin working on the Plan’s recommendations this spring including working
closely with BATA as the primary service provider and logical organization to provide transit needs and possibly some
fixed routes.
The City received a “Safe Routes to School Grant” in partnership with the School District, which the Board will
undertake this year. The City will also be applying for funds in this year’s grant cycle, which is due April 1st.
Another project will be the designated bike path with a recommendation due by March 1st and implementation over
the summer working with the student association.
Weldon noted that finances will be a limitation but there are opportunities to achieve opportunity of scale.
ACTION: A motion was made by Munsterman, seconded by Brunner, to accept and
approve the Transportation Board’s Report, noting that the Board’s recommendations and
action steps are good and the City Council looks forward to periodic updates from the
Board. Discussion: Whaley agreed the report was very thorough, but her biggest concern is
chip seal area asking if it extends to areas of the bike paths. All present voted yes; motion
carried.
Formation of a Complete Count Committee.. The Council reviewed a draft resolution that
would establish a Complete Count Committee (CCC). A CCC is a major vehicle for planning and
implementing local, targeted efforts that will uniquely address the characteristics of the Brookings
community. Staff recommended adoption of a resolution in January or February in order to get
members appointed and the committee working on campaign planning. During 2009, Census
officials recommend CCC members obtain training, finalize the plan, and conduct census-generating
activities with at least one activity per month.
There was a question about a joint committee with the County or if the City should take the lead.
Reed asked that Weldon communicate with the County on the issue and then bring back the
resolution for council action.
City Council Packet
February 10, 2009
36
6:00 p.m. Meeting Review. The City Manager responded to questions pertaining to the action
items on the agenda.
City Clerk Report. Shari Thornes, City Clerk, provided a briefing on upcoming invitations and
obligations.
City Council member introduction of topics for future discussion.
Whaley asked that the City Council review its snow removal policies and consider increasing its fees.
She also asked for a discussion in January or February regarding the City’s 72 hour parking lot
policies. She further requested, on behalf of Council Member Bartley, that the Council discuss and
provide an update the Brookings Health Systems at its January 27th meeting.
The Council agreed to start the January 27th meeting earlier than usual at 4:00 p.m. with the storm
drainage topic at 5:00 p.m.
McClemans asked for a discussion regarding the fire station on south Main Avenue and an update
on the Fire Department’s ISO rating.
A motion was made by Reed, seconded by McClemans, to ask that the City Manager and Staff work
with the City Attorney to bring additions and revisions to Rental Licensing ordinances, to a work
session within 3 months. One addition would be to require publication of all rental licenses and
required application information on the city web site. Searchable by rental address. Rental
inspections should be expanded to include the following: Exterior doors equipped with deadbolts,
Locks in working order, Entrances to residences are properly lit, Windows must have interior locks,
One working CO2 detector if a gas appliance exists, GFI circuit plugs used in wet areas, Electrical
system is in proper working order (check plugs), Plumbing system is in working order (no leaks and
sewage gas is properly vented), Balconies are structurally sound, and no visible mold in residence.
City staff including fire, police, building inspectors, and code inspectors should be consulted to
validate and add to this list. Student Association should also be interviewed for possible additions.
All present voted yes; motion carried.
6:00 P.M. CITY COUNCIL MEETING
Consent Agenda: An update on County space needs plan was added to the agenda. There was a
correction noted in the November 18th minutes inserting the bid tab information. Action to
renew the joint City/School Facility Agreement was removed from the agenda. Corrections were
noted in Ordinances 44 and 46. A motion was made by Whaley, seconded by Reed, to approve the
agenda with the above amendments, which included:
A. Action to approve the agenda as amended.
B. Action to approve City Council Meeting Minutes from October 28, November 18
(corrected), December 9, and December 16, 2008.
C. Action on Resolution No. 01-09, a Resolution Creating And Establishing A
Committee For The Purpose Of Development And Implementation Of Coordinated
Traffic Safety Programs Within The City Of Brookings to be known and Designated
as the City of Brookings Traffic Safety Committee.
Resolution No. 01-09
City Council Packet
February 10, 2009
37
A Resolution Creating And Establishing A Committee For The Purpose Of
Development And Implementation Of Coordinated Traffic Safety
Programs Within The City Of Brookings To Be Known And Designated
As The City Of Brookings Traffic Safety Committee
WHEREAS, the City Council is of the opinion that it is in the public interest to provide the citizens
of Brookings with traffic safety programs and services; and
WHEREAS, it is recognized that there is a need in the City of Brookings for coordinated traffic
safety programs that will have full public support;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL:
SECTION 1. TRAFFIC SAFETY COMMITTEE
There is hereby created and established a committee to be entitled and designated as the Brookings
Traffic Safety Committee.
SECTION 2. FUNDING
Funding for the Committee shall be as budgeted by the City Council.
SECTION 3. DUTIES AND RESPONSIBILITIES OF THE COMMITTEE
The committee shall be specifically responsible but not limited to the following:
1) Developing and implementing coordinated traffic safety programs that meet local needs;
2) 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;
3) Establishing safety priorities for the City;
4) Reviewing and approving project applications for funding;
5) 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;
6) Promoting public acceptance of official programs proposed or instigated by the City;
7) Fostering public knowledge and support of traffic law enforcement and traffic engineering
problems;
8) Cooperating with city schools in promoting educational traffic safety aids; educating the
public in traffic safety; and
9) Generally aiding the overall reduction of traffic accidents, injuries and deaths on the city
streets.
SECTION 4. ORGANIZATION OF THE COMMITTEE
a. Manner of appointment, terms. The Brookings Traffic Safety Committee shall be appointed
by the Mayor, with the advice and consent of the City Council, for three year terms that
commence in January. Members may be appointed for additional terms not exceeding three
years each.
b. Membership Composition. The Committee shall consist of 13 voting members, who shall be
appointed with due regard to representation from the following areas:
1. Brookings Chief of Police or his/her designee
2. Chamber of Commerce Representative
3. City Engineer or his/her designee
4. SDSU Chief of Security or his/her designee
5. School Superintendent or his/her designee
6. Street Superintendent or his/her designee
7. Automobile Insurance Representative
8. Citizen at Large
9. Senior Citizen Representative
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10. Industry Representative
11. Jogger/Bicyclist Representative
12. Citizen at Large
13. Citizen at Large
c. The Committee is hereby authorized to appoint as ex-officio members of said Committee
any additional persons without voting privileges by majority vote of the Committee at any
meeting where a quorum is present.
d. Vacancies: If a vacancy occurs prior to the expiration of a term, the vacancy may be filled by
appointment for a term not exceeding three years, which term shall expire on December
31st.
e. Residency. The majority of the members shall be residents of the city.
f. Elected Officers: The Traffic Safety Committee shall annually elect from its members a
chairperson and vice-chairperson to serve a term of one year. The Committee may designate
from among its membership such other officers and subcommittees as it may deem
appropriate and necessary.
g. Meetings: The Committee shall regularly hold meetings as such times and places as it shall
determine. It may also meet on the call of the chairperson or on call by a majority of its
members.
h. Quorum: The majority of the members of the Brookings Traffic Safety Committee shall
constitute a quorum for the transaction of its business.
SECTION 5. REPEAL OF PREVIOUS RESOLUTION
Resolution No. 59-03 dated October 14, 2003 is hereby repealed.
D. Action to renew a joint City / School Facility Agreement (REMOVED FROM
AGENDA).
E. Action on Resolution No. 02-09, a resolution authorizing Change Order (CCO#1
Final) for Brookings Regional Airport Miscellaneous Electrical Improvements
Project AIP #3-46-0005-019-2006 with Brookings Electric Construction, Inc.
Resolution No. 02-09
A Resolution Authorizing Final Change Order (CCO#1 Final) For
Airport Miscellaneous Electrical Improvement Project AIP# 3-46-0005-019-2006
Brookings Electric Construction, Inc., Bushnell, SD
BE IT RESOLVED by the City Council that the following change order be allowed for
Airport Miscellaneous Electrical Improvement Project AIP# 3-46-0005-019-2006:
Construction Change Order Number 1 Final (CCO#1 Final): Adjust contract price for the
work to remove & dispose of extra depth pavement at inset lights and for constant
brightness modifications to supplemental wind cone for a total increase of $5,145.52 to final
out the project. Adjust completion date by 213 calendar days.
F. Action on Resolution No. 03-09, a resolution authorizing Change Order (CCO#1) for
2008-02STA 15th Street South, Christine Ave. and Camelot Drive Street Assessment
Project with Winter Brothers Underground, Inc.
Resolution No. 03-09
A Resolution Authorizing Change Order (CCO#1) For 2008-02STA 15th Street South,
Christine Avenue and Camelot Drive Assessment Project
Winter Brothers Underground, Inc., Sioux Falls, Brookings, SD
BE IT RESOLVED by the City Council that the following change order be allowed for
2008-02STA 15th Street South, Christine Avenue and Camelot Drive Assessment Project:
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February 10, 2009
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Construction Change Order Number 1: Adjust contract price for work to modify a 3’x5’
Sioux Falls inlet and to install a 3’x5’ storm sewer Junction Box including manhole lid and
casting for a total increase of $3,700.00.
On the motion, all present voted yes; motion carried.
Ordinance No. 43-08 - Conditional Use. A public hearing was held on Ordinance No. 43-08, an
ordinance establishing a conditional use to establish a two-family dwelling on Lot 1, Block 5, Bluegill
Addition (1503 22nd Street South). No public comments were received. A motion was made by
McClemans, seconded by Reed, to approve Ordinance No. 43-08. Discussion: It was noted that the
Planning Commission voted to deny this request and if the City Council wanted to approve it, five affirmative votes
would be needed. Whaley asked if this project met all the requirements for size, parking, etc. and if the parking was
the biggest concern. Dan Hanson said yes, that was correct. She asked if there was anything located on the other side
of this property? No. On the motion, Bezdichek, Brunner, Munsterman and Reed voted no.
McClemans and Whaley voted yes; motion failed.
Ordinance No. 44-08 - Rezoning. A public hearing was held on Ordinance No. 44-08: An
ordinance rezoning the west 338 feet of the N½ of the NW¼ of Section 34-T110N-R50W, except
the south 92 feet thereof, from an Agricultural a District to a Residence R-1A District. No public
comments were received. A motion was made by Whaley, seconded by Reed, to approve
Ordinance No. 44-08. All present voted yes; motion carried.
Ordinance No. 46-08 - Zoning. A public hearing was held on Ordinance No. 46-08: An
ordinance amending the zoning ordinance of the Joint Jurisdiction Area pertaining to an Agricultural
Research Facility as a permitted use in the Agricultural A District. No public comments were
received. A motion was made by Brunner, seconded by Whaley, to approve Ordinance No. 46-08.
All present voted yes; motion carried.
Ordinance No. 47-08 -Conditional Use. A public hearing was held on Ordinance No. 47-08: An
ordinance for an application for a conditional use to establish a beauty shop (hair salon) on Lot 9,
Block 3, Timberline Addition, also known as 1108 Telluride Circle. No public comments were
received. A motion was made by McClemans, seconded by Whaley, to approve Ordinance No. 47-
08. All present voted yes; motion carried.
TABLED: Resolution No. 115-08. A motion was made by Reed, seconded by Brunner, to
remove Resolution No. 115-08 from the table. (December 16th Motions: A motion was made by Whaley,
seconded by Reed, to approve Resolution NO. 115-08. A motion to amend was made by Munsterman, seconded by
Brunner, to amend the amount to $1.00 per year. Discussion: Staff suggested clarification to determine if Federal
grant assurances would allow this reduction. A motion was made by Bartley, seconded by Reed, to table action to
January 13, 2009. All present voted YES to TABLE to January 13, 2009.) The amendment was
withdrawn by Munsterman and Brunner. On the original motion, all present voted yes; motion
carried.
Resolution No. 115-08
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 Advance for a period of two (2) years,
commencing on January 1, 2009 and ending January 1, 2011 and pertaining to the following
described property: The designated parking lot of approximately 15,300 square feet in size, located
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February 10, 2009
40
on Brookings Airport property and adjacent to Division Avenue, in Section 27, T110N, R50W in
the City of Brookings, Brookings County, South Dakota.
The Lease will be an amount of One Thousand, Six Hundred Eighty Three Dollars ($1,683.00) for
2009, which is $0.11 per square foot, payable by the last working day of January, 2009. The lease
amount may be adjusted by the Brookings City Council for 2010, which will be payable by the last
working day of January, 2010. The City of Brookings may terminate this Lease with a notice of 60
days to the lessee.
BE IT FURTHER NOTED, that a Public Hearing on this Resolution was held on December 16,
2008 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.
Tax Increment Finance Guidelines. Weldon presented a revised document that would prescribe
the use of tax increment finance for the City of Brookings. He noted that previously he had referred
to it as a “Policy” and since changed it to “Guidelines” because of the substantial latitude that is
available in determining the specifics of each tax increment application that comes before the
Council. Each TIF application would require a series of hearings before the Planning Commission
and approvals from the City Council. Depending upon the specifics of the application, the City
would be able to consider a project plan and development agreement that can be customized to our
project goals with some flexibility instead of an inflexible policy which must be adhered to unless
and until the policy is changed.
ACTION: A motion was made by Whaley, seconded by Reed, to approve the “Guidelines for the
Use of Tax Increment Finance.”
Council Discussion: McClemans expressed concern on how the City would turn down an applicant that has completed
all the pre-application requirements. He expressed concern that the TIFs will take off and grow a life of their own.
Weldon noted that Step #2 enables the City to review each application and determine if there’s enough Council
interest in the project to proceed. McClemans was concerned that the Council could determine at that stage the project
was viable and then turn it down later. He was particularly concerned with residential projects. The City has done
two residential tax increment financing districts and thinks for the next six months the City should be cautious about
doing more until it has a better understanding what it’s done and how the current TIFs are working. Weldon noted
that would be a legitimate reason to turn down an application, because the City already has two in process and with
the current economy and housing market, it wants to watch and evaluate before approving another one. There are
opportunities with steps 2, 8, 9 and 11 to turn down an application.
Bezdichek said this will be a ‘learn as we go’ process and liked some of the things in the guidelines, but noted there
could come a time in the pre-application process where the developer needs to be careful having already invested into a
project and the City sees it and turns it down. Overall, he likes the guidelines and it’s a start and the City will learn
as it goes. However, he agreed that the City should be more cautious with residential projects.
On the motion, all present voted yes to adopt the Guidelines for the Use of Tax Increment Finance
in the City of Brookings, South Dakota.
Guidelines for the Use of
Tax Increment Finance
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41
-City of Brookings, South Dakota-
Purpose of these Guidelines: These guidelines are established to outline the City’s position
governing the intended use of tax increment financing (TIF) as an economic development tool for
development. These guidelines operate within the parameters of SDCL 11-9 as amended; and shall
be used as a procedural framework for considering applications for its use. The fundamental
purpose of tax increment financing in Brookings is to encourage desirable development or
redevelopment that would not otherwise occur but for the assistance provided through TIF. It shall
further be the intent of TIF use to be for the shortest duration possible to achieve the City’s desired
results for the specific project. The City reserves the right to approve or reject projects on a case-
by-case basis, taking into consideration established policies, project criteria, existing ordinances, and
demand on city services in relation to the potential benefits from the project. Meeting the criteria
does not guarantee the award of TIF to the project. Approval or denial of one project is not
intended to set precedent for approval or denial of another project. Each project is unique and
must stand on its own merits.
Section I: Objectives governing the use of TIF
The City will consider using TIF to assist private and public development projects provided Item (8)
in this Section and one additional of the following public purpose objectives are satisfied.
1) To retain local jobs and/or increase the number and diversity of jobs that offer stable
employment and/or attractive wages and benefits. These jobs should be at the level sufficient to
being considered a living wage/head-of-household income, and be considered primary jobs.
2) To encourage the redevelopment of deteriorated, contaminated, designated “brownfield”, or
otherwise blighted real property through the investment of TIF funding; to result in an
appreciably higher level of quality redevelopment and private reinvestment.
3) To stimulate economic development in Brookings by assisting projects that promote the long
term economic vitality of the community; and contributes to the fulfillment of the City’s
development or redevelopment objectives.
4) To stimulate increased private investment in areas that would have otherwise remained
undeveloped or under-developed and which will, in the long term, provide a significant source
of additional tax revenues to all taxing jurisdictions.
5) To encourage additional unsubsidized private development in the area, either directly or
indirectly through “spin-off” development.
6) To stimulate the construction of safe and affordable housing units for low and moderate income
residents and expand the general housing stock. (The latest available housing plan/survey, and
information from South Dakota Housing Development Authority should be used as the primary
guideline for determining affordability levels.)
7) To offset increased costs of redevelopment over and above the costs normally incurred in
development.
8) To facilitate the development process and to achieve development on sites which would not
otherwise be developed BUT FOR the use of TIF. Use of TIF shall be considered a financing
means of last resort as determined by the City Council.
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9) To support and assist in the implementation of the City’s Comprehensive Plan.
10) To broaden and expand the tax base to the benefit of all taxing jurisdictions.
11) To support redevelopment efforts that enhance and preserve unique urban features including
but not limited to the downtown central business district, historic districts, entryway features and
amenities, and public assembly areas.
12) To the extent permitted by law, tax increment proceeds may be used to finance eligible city-
owned projects and improvements within the district as deemed necessary by the City Council.
Section II: General guidelines governing the use of TIF
1) The City of Brookings will comply with all requirements of SDCL 11-9 as amended. The
City will undertake a comprehensive analysis to ensure the proposed project satisfies the
“BUT FOR” criteria. The project must demonstrate to the satisfaction of the City Council,
that it is not economically feasible without the use of TIF.
2) The City of Brookings will use tax increment financing only when a clearly identified city
development objective is served and only to the degree necessary to accomplish that
development objective.
3) Tax increment financing will only be used in cases where the City has the financial capacity
to provide the needed public assistance, the Council deems it fiscally prudent to provide
such assistance, and the developer can clearly demonstrate the development will be able to
meet it’s financial and public purpose obligation.
4) The financing method of TIF districts shall be a “pay-as-you-go” method whereby the
applicant fronts the costs and will be reimbursed by the City over time as increment
becomes available. The developer shall be considered the borrower under ‘pay-as-you-go”
and the City shall not be liable for debt. As an alternative, the City Council may consider the
issuance of bonded indebtedness through tax increment bonds only when unique
circumstances determine “pay-as-you-go” is not feasible.
5) As a condition of using TIF, applicants agree to waive their right to use the discretionary
formula. The discretionary formula provides a financial incentive in addition to the use of
tax increment. Using the discretionary formula lessens the availability of increment needed
to finance the project.
6) Only those public improvements and redevelopment costs directly associated with, or
needed to service the proposed development plan or project, should be financed through tax
increment proceeds.
7) The amount of increment remitted to the developer shall not exceed the amount in the
approved project plan as adopted by the City Council; and shall be only for the lesser of
either actual or budgeted expenditures in the approved plan.
8) The duration of the tax increment district shall be determined in the approved project plan
as adopted by the City and shall terminate at such time as the sufficient increment has been
generated pursuant to the approved project plan. In the event sufficient increment has not
been generated by the time of the scheduled decertification of the district, the developer
shall be responsible for any shortfall.
9) Tax increment expenditures shall only be made for items directly related to, and ancillary to,
a bona fide public purpose or public benefit as determined exclusively by the City Council.
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10) The City shall advertise for competitive bids for construction of the project, shall hold the
construction contract, and shall make payments to the contractor with reimbursements from
the applicant for pay-as-you-go projects, or from the bond fund for bonded indebtedness
funds. The City shall not make any payments to the contractor until the applicant has made
sufficient deposits to the City to cover the contractor payments for pay-as-you-go projects.
11) All development proposals should seek to maximize the amount of private investment per
dollar of public assistance. Public assistance as a percentage of total development costs will
be determined for each project as part of the review and compared to other development
projects or subprojects of similar scope and magnitude whenever possible.
12) The City may, on a case-by-case basis, establish public purpose requirements specific to an
application that must be met for the project. Such requirements shall be described in the
project plan, development agreement, or other binding document between the City and the
applicant, which may be in addition to the scope of applicable city ordinances or policies.
Such items which may be included and if included would require performance by the
Applicant may include but are not limited to: prescribed valuation of a home or building,
acreage or building sizes, wages, number of jobs created/retained, building materials
affecting appearance, landscaping, signage, property valuation increases, sales tax generating
capacity, historic preservation, environmental improvements, transportation improvements,
blight remediation, parking improvements, etc.
13) Applicant shall demonstrate to the satisfaction of the City that sufficient market demand
exists for the proposed project. TIF shall not be used to support speculative projects.
14) Applicant must provide adequate financial guarantees to constitute a minimum of 10 percent
equity investment cash infusion by Applicant into the overall project. Private lender
financing and TIF shall not be counted toward the 10 percent equity requirement.
15) Applicant must provide adequate financial and legal guarantees to ensure completion of the
project, including, but not limited to letters of credit, performance bonds, and personal
guarantees.
16) For the purposes of underwriting the proposal, the applicant shall provide any requested
market, financial, environmental, or other data pertaining to the proposed TIF project
requested by the City or its consultants.
17) The project must be consistent with the City’s Comprehensive Plan, Zoning Ordinances,
Subdivision Regulations, Land Use Plan, and any other duly-adopted master plans affected
by the use of Tax Increment Financing.
18) The applicant shall adequately demonstrate, to the City’s sole satisfaction, an ability to
complete the proposed project based on past development experience, general reputation,
and credit history, among other factors, including the size and scope of the project.
19) The City may reject the use of TIF if it determines the project would place an extraordinary
demand on city services or if the project that would have significant detrimental impacts on
the health, safety, or general welfare of the community.
20) The City may consider amendments to either the district boundaries after a district is
certified, or to the previously-adopted project plan. Amendments may be necessary to
accommodate changes to desired public purpose outcomes.
21) The final interest rate and terms on the TIF Note shall be determined by the City Council
and incorporated into the Development Agreement.
Section III: Economic Analysis and Risk Assessment Process
1) Proposed uses of tax increment will be subject to rigorous economic analysis and risk
assessment. This analysis will be conducted by the TIF Review Staff Team through their
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review process. The analysis may include review and assessment by consultants. (The TIF
Review Staff Team shall consist of: City Manager (or designee), City Finance Officer, City
Engineer, Community Development Director, Planning/Zoning Administrator, BEDC
Economic Development Director.)
2) The analysis and assessment of all proposed uses of tax increment will address the following
questions as part of the standard format for reports to the City Council.
i. What is the public purpose of the financial assistance for this project?
ii. Why is there a financial need for public investment and/or subsidy?
iii. What is the total cost of the project?
iv. What is the appropriate level of public participation?
v. What are the risks associated with the project?
vi. What are the alternative plans for managing the risk?
vii. How does the proposed project finance plan compare with previously approved
comparable projects?
viii. What is the project’s impact on other publicly financed projects?
3) The results of the Economic Analysis and Risk Assessment will be presented to the City
Planning Commission and City Council at a time consistent with the schedule provided in
Section V. The report shall identify any elements of the proposed project that are not in
conformance with this policy.
4) Applicants shall pay a TIF application fee as determined by City resolution as a means of
cost recovery for time and resources involved with approval of a TIF project. The fee shall
be due and payable as part of the application process in Section V, Step 3. The process
outlined in Section V shall not proceed until this amount has been paid in full. Applicants
shall pay the fees associated with the Bond Counsel and Financial Advisor who shall be
retained by the City for review of the TIF project. Applicants shall pay direct costs
associated with processing the TIF application including but not limited to postage, hearing
notices, surveys, platting, engineering, copying, legal fees, appraisals, recording fees, etc.
Such costs shall not be the responsibility of the City.
5) The City may require periodic reports on the financial and developmental performance of
the TIF district during the term of the district.
Section IV: Eligible costs of tax increment revenue
The City reserves the right to further restrict eligible costs as enumerated in state law in this section
as well as for each TIF project. Private buildings, structures, utilities or other private-use
improvements are not eligible for TIF assistance. Development costs that are eligible for
reimbursement with tax increment revenues are listed below.
• Property acquisition
• Elimination of slum and blighted conditions on property/land clearance
• Soils corrections
• Site preparation/clearing and grading of land
• Removal of hazardous wastes or remediation of site contamination
• Construction of capital public improvements such as:
Streets Curb and gutter
Storm drainage utilities/ponds Wastewater utilities
Water utilities Sidewalks/trails/pathways
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Landscaping improvements Signage & traffic controls
Lighting Public parking lots
• Organizational costs
• Capitalized interest/finance charges
• Professional service costs
• Imputed administrative costs
• Relocation costs
• Other costs permitted by state law as may be prescribed in the TIF project plan.
Section V: Tax Increment Finance application and approval process
Each step must be approved before the project can move to the next step. The project shall be
terminated for failure to meet the requirements of each step unless each step is satisfactorily
completed or the step is modified to the satisfaction of the City in order to advance to the next step.
1) Applicant submits pre-application for TIF project to Community Development Director.
(Attachment 1)
2) City Council reviews pre-application to assess viability/feasibility of project.
3) Applicant submits full application, including application fee, to Community Development
Director. (Attachment 2)
4) TIF Review Team undertakes review of the application and project.
5) Project Plan is written by Review Team, Bond Counsel, & Financial Advisor.
6) Notices of a Public Hearing before Planning Commission are distributed.
7) Planning Commission holds public hearing; approves the district boundaries and project
plan.
8) TIF Review Team develops Development Agreement.
9) City Council approves district boundaries and Project Plan.
10) City Engineer and Community Development Director give final approval of development
plans.
11) City Council approves Development Agreement.
12) City advertises for bidders for the construction of the project.
13) City staff holds bid opening, City Council awards contract for construction.
14) City Engineer gives contractor notice to proceed with construction.
15) City forwards appropriate records to Dept. of Revenue and County Officers.
16) Review/evaluation of project performance. (Attachment 3)
NOTE: In the event the TIF Review Team rejects the project in Step 4, the applicant may appeal to
the City Council. The TIF Review Team shall provide the applicant a list of deficiencies as
justification for any rejection of the project.
Attachments: 1) Pre-application, 2) TIF Application, 3) Evaluation/project performance
Potential projects for Federal Economic Stimulus Package. A motion was made by Whaley,
seconded by Reed, to adopt these local projects as potential candidates to be submitted for
consideration for federal economic stimulus funding: Innovation Campus infrastructure, $4 million; Wiese
Business Park infrastructure, $2 million; 34th Avenue/20th Street improvement, $12 million; 11th St. infrastructure
and street, $1 million; Storm drainage improvements, $20 million; Railroad safety improvements, $1 million; Smart
grid/demand mgmt/conservation, $510,000 (electric); Transmission/distribution replacement, $1.9 million (electric);
Substation/transformer replacement, $2.5 million (electric); Broadband telecommunication network, $750,000
(telecommunications); Wastewater collector system rehab, $600,000 (wastewater); and Water main repair and
replacement, $560,000 (water), for a total of $46.82 million. All present voted yes; motion carried.
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Preview of 2009 Capital Construction Items. Weldon provided the Council and public with a
preview of the City’s 2009 capital improvement project list that addresses construction projects, noting
that staff is in the process of developing work plans to execute these projects during the coming
construction season. This list does not include minor capital construction items which are mostly
maintenance in nature: Completion of 2008 projects: Downtown streetscape project (intersection
Main/3rd; landscaping; punch-list), Timberline Ponds (sidewalks, seeding, trees), 15th Street at Camelot
School, 32nd Avenue North (asphalt wear course), Edgebrook Golf Course Executive Course (seeding),
Moriarty Park restroom building, and Hillcrest Park playground equipment. 2009 Construction
projects– streets and infrastructure: Innovation Campus infrastructure, Martin Drive mill and overlay,
5th St. from 3rd Ave. to Main Ave. mill and overlay, 4th St. from 3rd Ave. to Main Ave. mill and overlay,
East corridor Bike Trail Project (DOT with city match), Traffic signal upgrade at Orchard Dr./22nd Ave.
(DOT with city match), 15th/Medary 8-lot subdivision for ICAP, Bike lane designations, Storm Drainage
projects from Master Plan (specific projects TBD by April), Airport fuel system, Electronic storage
building at Landfill/Solid Waste facility, and Roof & overhead door repairs at three buildings. 2009
Construction projects – parks: Safe-Route-to-School sidewalk & trail system, Larson Ice Center – red
rink seating, Larson Ice Center – west parking lot and west building façade improvements, Larson Ice
Center – east parking lot re-surfacing, Pioneer Park band shell rehab, Camelot Park playground
equipment and sidewalk, Hillcrest Park picnic shelter, Northbrook Park – Chittick Gardens shelter and
restroom, Library/Senior Center landscaping (former Calhoon bldg. site), Edgebrook Golf Course – sign
on 22nd Ave., and ADA modifications to various playground equipment.
City/County Space Needs Update. Weldon reported that the BEDC recently hosted a meeting
involving city and county representatives related to space needs. Munsterman, Reed and Weldon
attended on behalf of the City. The group discussed a new option that would involve demolishing
the Elks and Senior Citizens buildings, both owned by city, and then build a new joint city/county
administration facility. The plan would provide for a 15,000 square foot three story building. One
option discussed under this plan was the possibility of acquiring the property from the
McCann/Ribstein Law Firm. Another part of this plan would be to secure another facility for the
seniors and provide assurances to them that the new location and opportunities would be the same
or better. Parking in this plan may be an issue. Acquiring property to the west for parking was
discussed. There have been concerns raised about other properties under consideration because it
would involve taking viable taxable commercial property off tax roles.
Munsterman commented that this is a viable option to explore, particularly since the City already
owns the land and there may be opportunities for conjoining spaces and services.
Reed noted that the County Commission representatives who attended that meeting felt positive
about the plan. However, the County is ready to move forward right now with their building plans.
This plan could be flexible in not building out the site completely at first and joining the County at a
later date.
Whaley expressed concern about moving the seniors out of downtown. She was concerned that site
would not provide enough parking for both city and county needs. She felt the City and County
services were separate and needed their own facilities. She also doesn’t like that area because it
would be too congested.
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Weldon said the vacated road by the future museum will retain one-way traffic with diagonal
parking. He noted that the City was aware that the seniors prefer to stay downtown.
Whaley liked the idea of the Senior Citizen Center being located between the new museum and
library because it could become a more intergenerational facility.
Brunner felt the concept was worth exploring including how to deal with the parking issue. The City
would need to make sure the seniors’ needs are taken care of and are provided with a quality center.
This concept could meet a lot of needs for both the City and County.
Whaley said she would need to be convinced on both the parking and the joint use concepts.
Munsterman noted that downtown needs more parking.
There was Council consensus to explore the concept. Weldon with have a conversation with
County officials, fast track this exploration process and the City will offer the County whatever it
can to assist in expediting the project.
Adjourn. A motion was made by Reed, seconded by Whaley, to adjourn. All present voted yes;
motion carried. Meeting adjourned at 6:47 p.m.
CITY OF BROOKINGS
Scott D. Munsterman, Mayor
ATTEST:
Shari Thornes, City Clerk
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February 10, 2009
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CONSENT AGENDA #4
4C. Action to award bids for 2009 Ice Arena Project.
On January 27, 2009, bids were opened for new interior construction in
the Red Rink at Larson Ice Center, specifically, additional permanent seating
on the north side with rooms beneath for two varsity dressing rooms,
officials and coaches rooms, janitor room, storage, plus a connecting
walkway joining the east mezzanine and the new north mezzanine. Six bids
were received and a bid tabulation with explanations and recommendation
by Banner Associates is attached.
The 2009 budget included $500,000 for the project, funded 50-50 by
Brookings Ice Skating Association (BISA) and the City of Brookings. The
project scope contemplated building the seating structure and mezzanine,
and include rough-in of utilities beneath so that completing the dressing
rooms could be done by BISA at a later date at their expense.
During the design process, the complete design of dressing rooms was
done concurrently with the seating design, so that all rough-ins, walls, etc.
would be correct for later finishing. With the chance that the current
construction costs might be favorable enough that the entire project should
be completed now, bids were taken with the base bid being the complete
project, with deduct alternates that would delete the finishing of the
dressing rooms.
Banners recap shows the two Options A and B, including estimated A/E
fees and a contingency fund. BISA understands the extra dollars needed to
complete the dressing rooms are their responsibility and they are currently
exploring availability of additional funds to do so. The highest amount
needed is $150,000, but could be reduced by any amount not needed from
contingency, which would be pro-rated between the City and BISA,
depending on what the contingency money was used for.
We have been advised informally that BISA wants to proceed with the
entire project (Option A), subject to a vote of their Board of Directors at a
meeting scheduled the evening of February 9th. BISA will provide a letter of
commitment for the extra funds prior to final approval of the contract by
the City Council.
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Construction is to be completed by September 1, 2009, and will not
require change in the summer ice schedule from last year.
Recommendation is that the City Council anticipates awarding the bid for
Option A on February 10th, provided BISA approves the extra funding on
February 9th. Otherwise, Option B should be awarded.
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February 10, 2009
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February 5, 2009
Allyn Frerichs
Director of Park Recreation and Forestry Department
221 Main Avenue
Brookings, SD 57006-2077
RE: Larson Ice Center 2009 Red Rink Improvements
Brookings, South Dakota
BAI No. 20882-00-01
Dear Mr. Frerichs:
Six bids were received on January 27, 2009 for the Larson Ice Center 2009 Red Rink Improvements,
which consists of Construction, within existing facility, of elevated seating on the north side of the
Competition Rink and finishing of the space below for locker room use. Work also includes a steel
framed stair and removable walkway connection to the existing east mezzanine.
We have evaluated the bids and below are our recommendations which include two options. Option A
includes the entire project, as included in the Base Bid, and will require additional funding of $150,000
over the current funding of $500,000. Option B includes alternates which remove the stadium lockers
and finishing of the locker room area from the project. Option B can be constructed with the current
funding.
Option A
Contractor Base Bid
Beck & Hofer Construction, Inc.
$555,000
Clark Drew Construction , Inc.
$559,333
Swift Contractors, Inc.
$570,000
Gil Haugan Construction, Inc.
$591,000
Peska Construction, Inc.
$608,900
Sunkota Construction, Inc.
$725,000
A/E Estimate
$523,488
City Council Packet
February 10, 2009
51
The low bid was submitted by Beck & Hofer Construction, Inc., in the amount of $555,000.00. Our
evaluation of Beck & Hofer Construction indicates that they are capable of completing the work
required. Therefore under Option A, we recommend the award of a contract for construction of the
Larson Ice Center 2009 Red Rink Improvements to Beck & Hofer Construction, Inc., in the amount of
$555,000.
The following is an updated summary of the project budget under Option A.
Construction Cost $555,000.00
A/E Fees $49,950.00
Reproduction costs of plans and specs $5,400.00
Contingencies & misc. expenses $39,650.00
Total $650,000.00
Option B
Contractor Base Bid Alternate
No. 2
Alternate
No. 3 Total
Beck & Hofer Construction, Inc. $555,000 -$29,000 -$162,000 $364,000
Swift Contractors, Inc. $570,000 -$26,500 -$172,500 $371,000
Clark Drew Construction , Inc. $559,333 -$24,482 -$120,230 $414,621
Gil Haugan Construction, Inc. $591,000 -$29,300 -$133,900 $427,800
Peska Construction, Inc. $608,900 -$24,500 -$129,700 $454,700
Sunkota Construction, Inc. $725,000 -$27,400 -$160,000 $537,600
A/E Estimate $523,488
Acceptance of Alternate No. 2 which omits the stadium lockers and Alternate No. 3 omits finishing of
the lower level locker rooms will bring cost of the project into currently available funds. The low bid
for the Base Bid + Alternate No. 2 + Alternate No. 3 was submitted by Beck & Hofer Construction, Inc.
in the amount of $364,000. Our evaluation of Beck & Hofer Construction indicates that they are
capable of completing the work required. Therefore under Option B, we recommend the award of a
contract for construction of the Larson Ice Center 2009 Red Rink Improvements to Beck & Hofer
Construction, Inc. in the amount of $364,000.
City Council Packet
February 10, 2009
52
The following is an updated summary of the project budget under Option B.
Construction Cost $364,000.00
A/E Fees $46,512.00
Reproduction costs of plans and specs $5,400.00
Contingencies & misc. expenses $44,088.00
Total $460,000.00
Complete bid tabulation is attached. If you have any questions, please feel free to call me.
Sincerely,
Elizabeth R. Tellekson, PE, AIA
Project Manager
Enclosures
City Council Packet
February 10, 2009
54
CONSENT AGENDA #4
4D. Action award bids for Fire Department Equipment.
This bid is for USAR Gear for the Fire Department. The bid letting is set
for Tuesday, February 10, 2009 at 1:30 p.m. The bid tab and pertinent
information regarding this bid letting will be provided to you under
separate cover prior to the council meeting.
Such bids to provide for the furnishing of:
15 - Morning Pride USAR Jacket PBO (millennia) No thermal liner “SR” crosstech
moisture barrier as per Dept. Specs.
15 - Morning Pride USAR Pants PBO (millennia) No thermal liner “SR” crosstech
moisture barrier as per Dept. Specs.
15 - Technical Rescue/light-weight USAR, Full Brim w/4-point suspension.
City Council Packet
February 10, 2009
55
CONSENT AGENDA #4
4E. Action to approve Resolution 08-09, to form a Complete
Count Committee for 2010 Census.
Enclosed Resolution 08-09 will create a Brookings Complete Count
Committee. Staff recommends adoption of a resolution by February in
order to get members appointed and the committee working on campaign
planning. The purpose of the Committee will be to: develop a
community-specific 2010 Census awareness campaign, provide leadership in
the promotion of the 2010 Census, and commit to ensuring that every
resident in our community is counted. Once adopted, the City will
advertise for volunteers to serve on the Committee. Council action will be
required to appoint those Committee members.
Background from the U.S. Census Bureau:
• US Census Accuracy: Appropriation of Federal Funds, Accurate local statistical
data (Retail Attraction, Average Income), Data for the community (Housing
needs), and How big is Brookings & Brookings County.
• What is a Complete Count Committee (CCC): A major vehicle for planning
and implementing local, targeted efforts that will uniquely address the
characteristics of our community.
• Why form a CCC?: To make everyone in the community aware of the 2010
Census; to motivate the community to participate by filling out the census form;
and to utilize local knowledge, expertise, and awareness campaign targeted to
the community.
• What are the goals of a CCC?: Develop a community-specific 2010 Census
awareness campaign; provide leadership in the promotion of 2010 Census; and
commit to ensuring that every resident in our community is counted.
• Specific Activities of CCC’s: Develop local theme for census participation;
create and distribute community-specific promotional materials; work with local
media to promote census; and identify hard to enumerate areas and create a
targeted campaign for those areas.
• Timeline: Spring/Summer 2008 – Form CCC, Fall 2008 – Start creating plan,
Summer 2009 – propose budget to Governments (City & County), Fall 2009 –
Finalize plan, January 2010 – Monthly meetings, April 2010 – Implement plan for
Census Day and Census Week.
• CCC Membership: Council Member(s), City Manager / City Clerk, Community
Members, Media, SDSU Student Leadership, County Commissioners.
City Council Packet
February 10, 2009
56
Resolution No. 08-09
A Resolution Establishing the Committee Count Committee for the 2010 Census
for the City of Brookings, South Dakota
Whereas, the United States will conduct a complete census of its population during the 2010
Census; and
Whereas, the City of Brookings has a vested interest in achieving a complete and accurate
count of its population during the 2010 Census; and
Whereas, specific interests include increased Federal funds appropriations, accurate local
statistical data for retail attraction, and accurate data for community housing needs; and
Whereas, some segments of the population are at risk for undercounting in the census; and
Whereas, the input and support of individuals and organizations actively engaged with groups at
risk for undercounting in the City of Brookings is necessary to achieve a complete count; and
Whereas, a Complete Count Committee would bring together individuals from throughout the
city committed to achieving a complete census count.
Now, Therefore, Be it Resolved, that the City Council of the Brookings, South Dakota, hereby
establishes the Brookings Complete Count Committee to plan and implement strategies for
achieving a complete count of Brookings city residents in the year 2010 United States Census,
including those residents at-risk for undercounting.
Purpose Statement/Goals:
1) Develop a community-specific 2010 Census awareness campaign.
2) Provide leadership in the promotion of the 2010 Census.
3) Commit to ensuring that every resident in our community is counted.
Membership: Due regard given to the following areas of representation: Local Government
(Brookings City Council & Brookings County Commission, City and County Planning
Departments), State Government (Social Services, Vocational Rehabilitation), Higher Learning
(South Dakota State University: Administration, Student Senate, Diversity Office), Brookings
School System, Senior Citizens, Business/Industry, Faith-Based Groups (Ministerial Association,
Habitat for Humanity), Tribal Government, Citizens at large, and the Media.
Residency: Each member of the Complete Count Committee shall be a resident of the City
of Brookings.
Meetings: The Brookings Complete Count Committee will meet at least monthly from the
committee inspection through May 2010 with the staff support of the City Manager’s Office and
Community Development Director.
City Council Packet
February 10, 2009
57
Quorum: A majority of the members of the Committee shall constitute a quorum for the
transaction of its business.
Coordination: The Brookings Complete Count Committee will coordinate its activities with
representatives from the U.S. Census Bureau’s Denver Regional Office and with Brookings
County Planning Zoning Officials.
Now, therefore, be it resolved, that the City of Brooking duly authorizes the creation of a
Complete Count Committee for the 2010 Census and the appointment of members with
regard to areas of representation listed above.
Passed and approved this 10th day of February 2009.
CITY OF BROOKINGS
____________________________
Scott Munsterman, Mayor
ATTEST:
________________________
Shari Thornes, City Clerk
City Council Packet
February 10, 2009
58
CONSENT AGENDA #4
4F. Action to approve an abatement request received from
Big Sioux Aviation / Randy Hanson to abate a portion of
the 2006, 2007 and 2008 taxes in the amount of $943.36
for buildings located on leased sites LS-2, Airport Hangar
Addition, Site C.
Big Sioux Aviation / Randy Hanson has submitted a request to abate a
portion of the the 2006, 2007 and 2008 property taxes on the above
referenced property in the amount of $943.36. A copy of the application is
enclosed. The County Director of Equalization recommends approval.
City Council Packet
February 10, 2009
62
CONSENT AGENDA #4
4G. Action to approve an abatement request received from Big Sioux
Aviation / Randy Hanson to abate a portion of the 2006, 2007 and
2008 taxes in the amount of $2,277.08 for buildings located on
leased sites LS-2, Airport Hangar Addition, Site X.
Big Sioux Aviation / Randy Hanson has submitted a request to abate a
portion of the 2006, 2007, and 2008 property taxes on the above
referenced property in the amount of $2,277.08. A copy of the
application is enclosed. The County Director of Equalization recommends
approval.
City Council Packet
February 10, 2009
66
CONSENT AGENDA #4
4H. Action to approve an abatement request received from Boyd
Meyer to abate a portion of the 2008 taxes in the amount of
$381.36 for property located on the E34’9” Lot 17, Blk 12, East
Medary Addition.
Boyd Meyer has submitted a request to abate a portion of the 2008
property taxes on the above referenced property in the amount of
$381.36. A copy of the application is enclosed. The County Director of
Equalization recommends approval.
City Council Packet
February 10, 2009
70
CONSENT AGENDA #4
4I. Action to approve an abatement request received from Boyd
Meyer to abate a portion of the 2008 taxes in the amount of
$409.50 for property located on the W36’3” Lot 17, Blk 12, East
Medary Addition.
Boyd Meyer has submitted a request to abate a portion of the 2008
property taxes on the above referenced property in the amount of
$409.50. A copy of the application is enclosed. The County Director of
Equalization recommends approval.
City Council Packet
February 10, 2009
74
CONSENT AGENDA #4
4J. Action to approve an abatement request received from Dennis
and Lois Blocker to abate a portion of the 2008 taxes in the
amount of $891.48 for property located on the Lot 63, Blk 5,
Hyland Addition.
Dennis and Lois Blocker have submitted a request to abate a portion of the
2008 property taxes on the above referenced property in the amount of
$891.48. A copy of the application is enclosed. The County Director of
Equalization recommends approval.
City Council Packet
February 10, 2009
79
CONSENT AGENDA #4
4K. Action to approve Resolution No. 12-09, entering into a Safe
Routes To School Agreement, Project P SRTS(04) PCN 01X6,
with the State of South Dakota and Brookings School District.
The City of Brookings and Brookings School District are the recipients of a
South Dakota Safe Routes to School grant through the South Dakota
Department of Transportation. The project includes infrastructure and
non-infrastructure items with the City responsible for the infrastructure
items. Infrastructure items include bike lane striping, high visibility
crosswalks, stencil symbols with paint for all designated routes, bike racks
and bike route signage. The infrastructure projects are planned near the
Mickelson Middle School and the new Camelot Intermediate School.
The SRTS Project Number P SRTS(04) PCN 01X6 has awarded $72,690.00
to the City of Brookings in infrastructure funding and $21,181.25 to the
Brookings School District in non-infrastructure funding, with 100% of said
costs coming from Federal Highway Funds. The City will be responsible for
payment of the costs associated with infrastructure with reimbursement of
said costs being 100% eligible up to the awarded amount.
This resolution will authorize the Mayor to enter into a State of South
Dakota Safe Routes to School Agreement between South Dakota
Department of Transportation, City of Brookings, and Brookings School
District.
City Council Packet
February 10, 2009
80
Resolution No. 12-09
Resolution For Funding Agreement for Safe Routes to School Project
P SRTS(04) PCN 01X6
WHEREAS, the City of Brookings and Brookings School District have identified the
need to enhance pedestrian and bicycle safety routes near schools; and
WHEREAS, it has been determined by the State of South Dakota that the project is
eligible for Safe Routes to School Program Funding; and
WHEREAS, the City of Brookings and Brookings School District are the sponsoring
applicants for funds; and
WHEREAS, the City is capable of administering the federal aid project; and
WHEREAS, the project will meet all zoning and planning regulations and ordinances;
and
WHEREAS, the City is prepared to maintain the new infrastructure; and
THEREFORE, BE IT RESOLVED that the City of Brooking duly authorizes the
Mayor of the City of Brooking to sign all documents for the funding agreement between the SD
Department of Transportation, City of Brookings, and Brookings School District for Design,
Letting and Construction of the Project.
Passed and approved this 10th day of February 2009.
CITY OF BROOKINGS
____________________________
Scott Munsterman, Mayor
ATTEST:
________________________
Shari Thornes, City Clerk
City Council Packet
February 10, 2009
110
CONSENT AGENDA #4
4L. Action to approve Resolution 09-09, For Project Number PH
3245(00) PCN 00YAOrchard Drive and 22nd Avenue South Signal
Project.
The South Dakota Department of Transportation has designed project
P3245(00) PCN 00YA, a signal upgrade project for the intersection of
Orchard Drive and 22nd Avenue South. This project will entail the
following work: remove the curb & gutter island and signal pole, install a
new signal pole and mast arm on the southeast corner of the intersection
(in the boulevard), and upgrade the curb ramps with truncated domes in all
four corners of the intersection. The SDDOT has been coordinating this
work with the City, and the City is required to pay a minimum 10% match,
which was budgeted. This project is anticipated to cost $102,000, of which
SDDOT will pay a maximum of $90,000, and the City match is anticipated
to be $12,000.
The SDDOT will let this project to bids through the state office, and the
SDDOT will also administer the project. This resolution will authorize the
mayor to sign the agreement and easement documents for this project.
City Council Packet
February 10, 2009
111
Resolution No. 09–09
Resolution for Project Number PH 3245(00) PCN 00YA
Orchard Drive and 22nd Avenue South Signal Project
WHEREAS, the Brookings City Council has identified the need for Project Number
PH 3245(00) PCN 00YA as hereinafter described:
LOCATION: Orchard Drive and 22nd Avenue South, Estimated cost: $102,000.
AND WHEREAS, The City of Brookings is obligated and hereby agrees to provide
proper maintenance as required for the project after construction is completed in accordance
with State and Federal requirements.
AND WHEREAS, The City of Brookings is obligated and hereby agrees to reimburse
the State for all costs not reimbursable with Roadway Safety Improvement Federal Funds, of
which the State will pay a maximum amount of $90,000.00, and the City will provide a minimum
10% match for the project.
AND WHEREAS, The City of Brookings certifies that all work involved in the project
will take place within the City’s right-of-way and permanent easements, and that no additional
right-of-way or construction easements are required.
AND WHEREAS, The South Dakota Department of Transportation is authorized and
requested to program for construction, Project Number PH 3245(00) PCN 00YA, and
NOW, THEREFORE, BE IT RESOLVED, that the Mayor of Brookings is
authorized to sign the letting and financial agreement between the Department of
Transportation and the City of Brookings, easement documents, and other related documents
for Project Number PH 3245(00) PCN 00YA.
Passed and approved this 10th day of February 2009.
CITY OF BROOKINGS
____________________________
Scott Munsterman, Mayor
ATTEST:
________________________
Shari Thornes, City Clerk
City Council Packet
February 10, 2009
112
CONSENT AGENDA #4
4M. Action to authorize the Mayor to sign a letter of support for a
Habitat for Humanity application for low interest loan funds
through the SD Housing Development Authority HOME Program
Loan Fund Program.
The Brookings Habitat for Humanity organization is applying for loan funds
through the SDHDA HOME/Housing Tax Credit Program. This action
would authorize the Mayor to sign a letter of support for Habitat and there
would be no commitment on the part of the City for this program. It’s a
direct funding program to Habitat through HUD that will provide interest-
free loans for qualifying applicants. The proposed project is located in
Blairhill Second Addition.
City Council Packet
February 10, 2009
113
Presentations/Reports/Special Requests:
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 REPORT.
City Council Packet
February 10, 2009
114
Second Readings & Public Hearings:
7. Ordinance No. 01-09: A petition to rezone the East 60
feet of Lot G., Beale Addition from a Residence R-2
District to a Planned Development District (1316 6th St.).
Applicant: Gatzke Family Enterprises LLC
Proposal: Establish an overlay district on a vacant lot on 6th Street
Background: A single-family dwelling was constructed on this parcel in
1948. Additions to the house occurred over the years, and in September
2008, the house and garage were demolished. Adjacent uses include a
boardinghouse to the east, single-family houses to the south, and an
undeveloped lot to the west. The west lot is in the Planned Development
District now.
Specifics: The parcel is currently in the Residence R-2 District, and due to
its size, could only accommodate a single-family dwelling as a permitted use.
The Planned Development District rezoning would offer greater flexibility
in the use of the parcel especially since the petitioner owns the land to the
west. The total area in the PDD would then be 1.1 acres.
This parcel abuts R-2 District zoning to the east and south. The
neighborhood has low to medium-density residential uses.
Recommendation: The Planning Commission voted 8 yes and 0 no to
recommend approval of the rezoning.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City Manager Recommendation: Approve
City Council Packet
February 10, 2009
115
Ordinance No. 01-09
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:
the East 60 feet of Lot G, Beale Addition
be and the same is hereby rezoned and reclassified from a Residence R-2 District to a Planned
Development 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: January 27, 2009
SECOND READING: February 10, 2009
PUBLISHED: February 13, 2009
CITY OF BROOKINGS
______________________________
Scott D. Munsterman, Mayor
ATTEST:
_________________________
Shari Thornes, City Clerk
City Council Packet
February 10, 2009
120
Planning Commission
Brookings, South Dakota
January 6, 2009
OFFICIAL MINUTES
Chairperson Greg Fargen called the regular meeting of the City Planning
Commission to order on January 6, 2009 at 7:00 PM in the Council Chamber at
City Hall. Members present were Al Heuton, Al Gregg, Larry Fjeldos, Mike
Cameron, David Kurtz, John Gustafson, Wayne Avery, and Fargen. Stacey
Howlett was absent. Also present were Brian Gatzke, Shane Carlson, Gary
Schumacher, Jack and Caryl Schmidt, Nita Sachen, Floyd Wiesner, City Engineer
Jackie Lanning, Planning and Zoning Administrator Dan Hanson, and others.
Item #4 – Gatzke Family Enterprises, LLC has submitted a petition to rezone the
east 60 feet of Lot G, Beale Addition from a Residence R-2 District to a Planned
Development District.
(Fjeldos/Kurtz) Motion to approve the rezoning. All present voted aye.
MOTION CARRIED.
SUMMARY OF DISCUSSION
Item #4- Hanson summarized the history of the lot and noted the current zoning
surrounding the lot. A single-family dwelling was the only permitted use that
could be constructed on the site under the current zoning.
The proposed Planned Development District designation would match a PDD
parcel that adjoined the lot to the west. A larger district could offer greater
flexibility in the redevelopment of the property.
Fjeldos asked for the zoning across the street from this lot. Hanson replied
that is was a Business B-2 District and contained a floral shop. Fargen felt the lot,
with its current zoning, limited how it could be reused. He supported the
rezoning.
City Council Packet
February 10, 2009
121
Sec. 94-163 PLANNED DEVELOPMENT DISTRICT
(a) Intent. It is the intent of this PDD planned development district to provide flexibility from
conventional zoning regulations with increased public review for Planned Development District
projects in order to:
(1) Encourage well-planned, efficient urban development.
(2) Allow a planned and coordinated mix of land uses which are compatible and harmonious, but
were previously discouraged by conventional zoning procedures.
(3) Encourage more creative, higher quality and more ecologically sensitive urban design with
special consideration given to projects which incorporate desirable design features such as
underground parking, orientation or design to take advantage of passive solar energy,
environmental preservation, historic preservation, handicapped accessible structures, unique
use of open spaces, or other desirable design features.
(4) Improve communication and cooperation among the City of Brookings land developers and
interested residents in the urbanization of new lands and the renewal of existing deteriorated
areas.
(b) Scope of section provisions. The regulations set forth in this section are the district
regulations in the Planned Development District, hereafter sometimes referred to as "PDD".
(c) Compliance with the Master Plan. The development within the Planned Development
Districts (PDD) shall comply with the policies and design standards of the existing city Master
Plan. Said developments and adjacent projected developments shall be mutually compatible.
(d) Planned Development District. Zoning: Applications for a change of zoning to a Planned
Development District shall be subject to the requirements of Section 94-7.
(e) Initial Development Plan. A request for a rezoning to a Planned Development District shall
be accompanied by an initial development plan. Said plan shall be submitted at least twenty
(20) days prior to the Planning Commission meeting in which it is to be heard. The Planning
Commission shall review the initial development plan and forward its recommendation, with
or without modifications, to the City Council. The following information shall be specified
on the initial development plan:
1. Project name and legal description.
2. A preliminary subdivision plan in compliance with all applicable subdivision regulations.
3. The proposed development scheme showing the following information:
a. The proposed land uses including the number and type of proposed residential
buildings, the proposed number of dwelling units per building, the number and type of
any proposed nonresidential buildings, and their square footage.
City Council Packet
February 10, 2009
122
b. The proposed maximum density of the development, which shall not exceed the
density allowed in the traditional zoning districts for similar uses. Where unique
physical, environmental or design characteristics exist or are proposed, lesser densities
may be desirable.
c. The proposed maximum height, which shall not be greater than those required in the
traditional zoning districts for similar uses. Where unique physical, environmental or
design characteristics exist or are proposed, lesser heights may be desirable.
d. Proposed design features illustrating compatibility with the surrounding environment
and neighborhood.
e. Anticipated sub-area development sequence.
(f) Final Development Plan. Prior to obtaining building permits for construction on any lots in
the PDD, a final development plan shall be submitted to the Planning Commission, which
shall have sole authority to approve, amend, or deny said plan. The final development plan
may be submitted in conjunction with the initial development plan for concurrent approval
on any sub-areas the developer is ready to commit to a final plan. All the information
required for both an initial and final development plan shall be shown for the areas submitted
for concurrent approval. The final development plan shall be a scaled, reproducible drawing
showing the following information:
1. The subdivision name, the legal description, and individual project name (if any).
2. Boundaries of any sub-area or sub-areas submitted for approval superimposed on the map
of the initial development plan.
3. A subdivision plan of the sub-area or sub-areas submitted for approval in compliance with
all applicable subdivision regulations.
4. The development standards for the area or sub-areas based on the requirements in one or
more of the traditional zoning districts.
5. The size, location and elevation of all proposed structures including height and number of
units.
6. The calculated floor area for each structure and each use within said structure.
7. Off-street parking lot arrangement designating all parking and stacking spaces, off-street
loading spaces, and any outdoor trash container space.
8. Any sidewalks, bikeways or other paths and any areas reserved for recreation activities
such as basketball and volleyball courts.
9. Any outdoor lighting type and location except for standard street lights provided by the
city.
10. A landscaping plan showing the type and location of any walls, fences or berms, the
placement, size, and species of any trees or shrubs, and areas that will be sod or seeded.
11. All existing and proposed utilities, drainage ways and watercourses.
12. All curb cuts and private drives.
13. Adjacent existing and proposed uses.
(g) Amendments. Requests for changes within a PDD shall be submitted as an overlay on
the initial or final development plan. Amendments shall be classified as follows:
1. Major Amendments: The following changes are considered major amendments:
City Council Packet
February 10, 2009
123
a. Any change in the proposed use(s) of land or buildings.
b. A major change in the street plan.
c. An increase of twenty percent (20%) or more in the total density of the development.
2. Minor Amendments: The following changes are considered minor amendments:
a. Any adjustment in the dimensions of a building (length, width or height).
b. Any change in the number or location of access drives.
c. Any decrease in required landscape areas, buffer zones or other open areas.
d. A minor change in the street plan.
e. Any increase of less than twenty percent (20%) in the density of any area or sub-area.
f. Any major change in the exterior design features of a building.
g. Any change in the size or location of signs.
3. Minimal amendments: The following changes are considered minimal amendments:
a. Any minor adjustment within a building which involves a more intensive use.
b. Any change in the location of outdoor lighting, sidewalks or bikeways, recreation areas
or loading docks.
(h) Procedure For Amendments. Amendments to the PDD shall be subject to the following
review procedures
1. Major amendments: Major amendments to the initial and/or final development plan shall
be required to be approved as an amendment to the Zoning Ordinance, requiring the
Planning Commission's review, the City Council’s approval, and public notice in
accordance with Section 94-7.
2. Minor amendments: Minor amendments to the initial and/or final development plan shall
be required to be approved by the Planning Commission at a hearing for which notice has
been published in a locally circulated newspaper at least one week prior to the Planning
Commission meeting. Minor amendments to the initial development plan may also be
made by the submission and approval of a final development plan which is changed from
the approved initial development plan.
3. Minimal amendments: Minimal amendments to the final development plan shall be
submitted to the zoning officer on a reproducible development plan showing the requested
changes. The zoning officer may then approve said changes in writing if they deem it
appropriate.
City Council Packet
February 10, 2009
124
Second Readings & Public Hearings:
8. Ordinance No. 02-09: A major amendment to a Planned
Development District on Lot G, Beale Addition
pertaining to a change in land use from Residence R-1B
District uses to Residence R-3 and Business B-2 District
uses (1300 block on 6th St.).
Applicant: Gatzke Family Enterprises LLC
Proposal: Establish a mixed use development on a 1.1 acre parcel
Background: This parcel originally contained two (2) lots with houses and detached
garages. The land was in the Residence R-2 District. The corner lot was occupied by a
large two-story house that was constructed in the early 1900s. The property fell into
disrepair in the 1960s and was considered by some to be ripe for urban renewal. A
petition to rezone the property to a B-2A District was defeated in 1978 after
considerable debate among the Planning Commission, City Commission, and
neighborhood residents. In 1991, a prospective buyer proposed to change the corner
house into a bed and breakfast. Subsequently, the city approved a PDD. The neighbors
were agreeable with the PDD since they could see the development plan and knew the
property would be renovated. The bed and breakfast lasted for about four (4) years and
was then converted back to a single-family dwelling after a PDD amendment was
approved. The house has since been moved to Volga, SD.
Specifics: The Initial Development Plan submitted with this major amendment relates to
Section 94-163(e) of the attached zoning excerpt as follows:
1. Lot G, Beale Addition
2. Land recently platted into one lot
3. a. The proposed land use includes a mix of retail/office uses on the main level with
two (2) apartments on the upper level.
b. Density requirements generally pertain to residential PDDs. Therefore,
this is not applicable. However, the size of the commercial space and
apartment space should be judged against parking, landscaping, setbacks,
etc.
c. The maximum height proposed is estimated to be about 25 feet which is
below the maximum. The projected height would be consistent with the
neighborhood.
d. Parking is mostly on the street side of the building. Landscaping or fencing
may be appropriate on the east and south sides for screening purposes.
e. This would likely be a one-phase project.
Recommendation: The Planning Commission voted 8 yes and 0 no to recommend
approval of the major amendment and the initial development plan with the
modifications listed in the ordinance.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City Manager Recommendation: Approve
City Council Packet
February 10, 2009
125
Ordinance No. 02-09
An ordinance to change the land use within a Planned Development District
and approve an initial development plan.
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:
Lot G, Beale Addition be and the same is hereby amended to permit Residence R-1B
District and Business B-2 District uses and to approve the submitted initial development
plan with the following modifications:
• Additional landscaping shall be established along the north and west lot lines of
the property
• Detailed information on the various types of uses shall be submitted for
comparison to the minimum parking standards
• A “Drinking Establishment” use shall not be permitted in the Planned
Development District
In accordance with Section 94.7 of Article 1 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: January 27, 2009
SECOND READING AND ADOPTION: February 10, 2009
PUBLISHED:
CITY OF BROOKINGS
______________________________
ATTEST: Scott D. Munsterman, Mayor
______________________________
Shari Thornes, City Clerk
City Council Packet
February 10, 2009
131
Planning Commission
Brookings, South Dakota
January 6, 2009
OFFICIAL MINUTES
Chairperson Greg Fargen called the regular meeting of the City Planning
Commission to order on January 6, 2009 at 7:00 PM in the Council Chamber at
City Hall. Members present were Al Heuton, Al Gregg, Larry Fjeldos, Mike
Cameron, David Kurtz, John Gustafson, Wayne Avery, and Fargen. Stacey
Howlett was absent. Also present were Brian Gatzke, Shane Carlson, Gary
Schumacher, Jack and Caryl Schmidt, Nita Sachen, Floyd Wiesner, City Engineer
Jackie Lanning, Planning and Zoning Administrator Dan Hanson, and others.
Item #5 – Gatzke Family Enterprises LLC has submitted a petition for a change in
land use within a Planned Development District on Lot G, Beale Addition. The
major amendment proposes a change from Residence R-1B District uses to
Residence R-3 District and Business B-2 District uses and approval of an initial
development plan.
(Cameron/Gustafson) Motion to approve the major amendment and
initial development plan.
(Heuton/Gregg) Amendment to the motion to approve the initial
development plan with the following modifications:
♦ Additional landscaping shall be established along the north and west lot
lines of the property
♦ Detailed information on the various types of uses shall be submitted for
comparison to the minimum parking standards
♦ A “Drinking Establishment” use shall not be permitted in the Planned
Development District.
All present voted aye. AMENDMENT CARRIED.
The motion, as amended, was voted on. All present voted aye. MOTION CARRIED.
SUMMARY OF DISCUSSION
Item #5 – Hanson provided background information on how the corner parcel
became a PDD. The major amendment involved creating a mixed use
development with office, retail, and residential uses. The layout that was
submitted for approval was an initial development plan. This plan would be
followed by a final development plan.
City Council Packet
February 10, 2009
132
Cameron was concerned about the standard landscape buffer required
between a business district and residential district and what was proposed on
the plan. Hanson remarked that the landscape width required by ordinance for
B-2 uses was 40 feet from a residential district. He added that the petitioner
owned an abutting parcel south of the corner property.
Kurtz asked what was envisioned to go into the various spaces. Gatzke
responded that he planned for businesses that would fit into the neighborhood.
He would not allow high traffic uses. Fargen asked if any drive-up services were
planned. Gatzke replied no. Gustafson remarked that projects such as these
could be an asset to a residential neighborhood if planned appropriately.
Fjeldos inquired if a 75% office and 25% retail mix would be acceptable to
the owner. Gatzke preferred a 60% office, 40% retail mix.
Heuton had concerns about some B-2 District uses. In particular, a
“drinking establishment” could be incompatible in the neighborhood. He was
also concerned about a lack of landscaping next to the streets. Gatzke noted
that his landscape plan included green needle evergreen trees in the
landscape areas.
Gustafson felt that meeting the standard parking requirements was
necessary. It would be a self-limiting factor as to what types of uses would be
established. Gatzke stated he was looking at apparel type uses but not drinking
establishments. He also could design larger landscape areas. Fargen supported
compliance to the minimum parking standards.
Kurtz commented that expanding landscape areas could impact the
design of the project in other areas so that had to be considered. Gregg
considered the buffer along 6th Street to be adequate. Heuton wasn’t opposed
to the proposed design but felt more trees should be established in the
landscape area to improve the image of the project.
Fjeldos remarked that green space would be important for tenants too,
and adequate on-site parking was important since parking was restricted on the
adjacent rights-of-way.
City Council Packet
February 10, 2009
138
Second Readings & Public Hearings:
9. Ordinance No. 03-09: A petition to rezone the North 115
feet of the East 50.1 feet of Lot G, Block 3, First Addition
from a Business B-2A District to a Business B-2 District
(506 3rd St.)
Applicant: Gatzke Family Enterprises LLC
Proposal: Create a more intensive commercial zoning designation on a small parcel
Background: The house on this lot was built in 1887 and is a listed property in the
Central Residential Historic District. It is currently a single-family rental.
The block has multiple zoning districts and multiple uses. Several lots contain legal non-
conforming uses. Adjacent uses and zoning next to the subject lot are as follows:
A legal non-conforming single-family dwelling occupies the B-2A zoned lot to the
east
A legal non-standard printing shop abuts the lot on the south and is in the B-2
District
A legal non-standard and non-conforming office/apartment mixed use are located
west of the lot and are in the B-2 District.
Other uses on the block include a large apartment building, a newer office building and
several residences.
Specifics: The rezoning would “square up” the B-2 District in the northwest corner of
the block. It would also create one zone for properties owned by the petitioner.
A B-2 District zoning allows for a much greater mix of commercial uses than the B-2A
District. However, the size of the lot is a severe limiting factor for most commercial
uses. The petitioner has submitted a conceptual plan that indicates an office type use
covering all of Lot G, but remember that any permitted use listed in the B-2 District
would be allowed.
Recommendation: The Planning Commission voted 8 yes and 0 no to recommend
approval of the rezoning.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City Manager Recommendation: Approve
City Council Packet
February 10, 2009
139
Ordinance No. 03-09
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:
the north 115 feet of the east 50.1 feet of Lot G, Block 3, First Addition
be and the same is hereby rezoned and reclassified from a Business B-2A District to a Business
B-2 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: January 27, 2009
SECOND READING: February 10, 2009
PUBLISHED:
CITY OF BROOKINGS
Scott D. Munsterman, Mayor
ATTEST:
Shari Thornes, City Clerk
City Council Packet
February 10, 2009
144
Planning Commission
Brookings, South Dakota
January 6, 2009
OFFICIAL MINUTES
Chairperson Greg Fargen called the regular meeting of the City Planning
Commission to order on January 6, 2009 at 7:00 PM in the Council Chamber at
City Hall. Members present were Al Heuton, Al Gregg, Larry Fjeldos, Mike
Cameron, David Kurtz, John Gustafson, Wayne Avery, and Fargen. Stacey
Howlett was absent. Also present were Brian Gatzke, Shane Carlson, Gary
Schumacher, Jack and Caryl Schmidt, Nita Sachen, Floyd Wiesner, City Engineer
Jackie Lanning, Planning and Zoning Administrator Dan Hanson, and others.
Item #6- Gatzke Family Enterprises LLC has submitted a petition to rezone the
north 115 feet of the east 50.1 feet of Lot G, Block 3, First Addition from a Business
B-2A District to a Business B-2 District.
(Gregg/Heuton) Motion to approve the rezoning. All present voted aye.
MOTION CARRIED.
SUMMARY OF DISCUSSION
Item #6 – Hanson stated that the lot was very small and contained a residence.
The block had multiple zoning districts, and many different uses had been
established in the block. Several uses were legal nonconforming and legal non-
standard uses. A rezoning to a B-2 District would match the zoning that was in
place on the west and south sides of the parcel.
Shane Carlson, adjacent property owner to the east, supported the
rezoning. He had seen a conceptual plan for redeveloping the lot and felt it
would improve the area. Fargen noted that a single zoning district for two (2) lots
under common ownership seemed appropriate.
City Council Packet
February 10, 2009
145
Section 94-132. Business B-2 district
(a) Intent. This district is intended to provide a moderate variety of retail and personal services.
This district will include commercial uses whose retail operation and outdoor display of retail
merchandise will be compatible with residential neighborhoods. No unscreened outdoor storage
is permitted.
(b) Scope of section 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 Business B-2 District.
(c) Permitted Uses. Permitted uses in the B-2 district are as follows:
1. All permitted uses in the B-1 central ;
2. Grocery supermarket;
3. Drive-in food service;
4. Funeral home or mortuary;
5. Gas dispensing station;
6. Automobile sales;
7. Community Center.
(d) Permitted Special Uses. A building or premises in the B-2 district may be used for the following
purposes in conformance with the conditions prescribed in this subsection:
1. Car wash
a. The entire operation shall be within an enclosed structure.
b. Drainage shall be contained on the site.
2. Day care facility
a. A four-foot (4') high transparent fence shall be constructed between the play area and
the street.
b. An off-street pick-up and drop-off area shall be provided.
3. Seasonal roadside stand
a. The applicant shall furnish a written statement of permission from the property owner.
4. Mixed business/residential use
a. Provisions of Section 50.70.000, Nonconforming and Nonstandard Uses shall govern
all residential uses.
b. A site plan showing off-street parking for each use shall be submitted.
5. Citizen's drop-off for recyclables
a. Applicants shall furnish a statement guaranteeing supervision, maintenance and clean-
up of the site.
(e) Conditional Uses. Conditional uses in the B-2 district are as follows:
1. Wholesale trade
2. Automobile service station
3. Repair garage
4. Assembling and packaging
City Council Packet
February 10, 2009
146
5. Freight handling
6. Manufacturing, light
7. Domestic abuse shelter
8. Apartment
9. Small animal clinic (Ord 2-96, 1/23/96)
10. Church (Ord 8-96, 5/28/96)
(f) Density, area, yard and height regulations. The density, area, yard and height regulations in the B-2
district shall be as follows:
Min. Min. Min. Min. Min. Max.
Lot Lot Front Side Rear Height
Density Area Width Yard Yard Yard
Sq.Ft. Sq.Ft.
Commercial Uses 15,000 100' 25' -* 20'* 45'
Other Allowable
Uses 15,000 100' 25' 7'** 20' 45'
*A forty foot (40') landscaped area shall be required between an abutting residential district boundary line and any
structure, access drive, parking lot or other accessory use.
**The sideyard will be required to be increased to ten feet (10') when the building is three (3) or more stories in
height.
(g) Accessory Uses. Accessory uses and building permitted in the B-2 District are buildings and uses
customarily incidental to any of the permitted uses in the B-2 district.
(h) Parking Regulations. Parking, loading and stacking within the B-2 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-2 District shall be in conformance with the regulations set
forth in division 5 of article VI of this section.
(j) Other Regulations. Development within the B-2 District shall be in conformance with the
regulations set forth in article II of this chapter.
City Council Packet
February 10, 2009
147
Second Readings & Public Hearings:
10. Ordinance No. 04-09: An application for a conditional
use to establish a two-family dwelling on the South ½ of
Outlot 11 in the SW ¼ of Section 35-T110N-R50W (1812
Main Ave. So.)
Applicant: Jack and Caryl Schmidt
Proposal: Establish a two-family dwelling in a low-density residential district
Background: The house on this parcel was moved onto the lot in 2004. The
owner subsequently sold the property to the petitioner in 2008.
A two-family dwelling in an R-1B District must have a minimum lot width of
90 feet and at least 12,400 square feet of area. Main Avenue South abuts
the property and is a major arterial street.
Surrounding land uses include single-family dwellings to the north, south,
and west. There are no other two-family dwellings in the neighborhood on
this side of Main Avenue South.
Specifics: The house would be converted to a main floor and basement unit.
Access to the basement unit would be through the garage to an entrance at
the top of an existing stairway. Existing parking on the lot is sufficient now,
but the petitioner has indicated that additional parking in the rear would be
established. A privacy fence surrounding the rear yard is also proposed.
Recommendation: The Planning Commission voted 0 yes and 8 no to
recommend that this application not be approved.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City Manager Recommendation: Approve
City Council Packet
February 10, 2009
148
Ordinance No. 04-09
An ordinance pertaining to an application for a Conditional Use for a two-family
dwelling in the Residence R-1B District.
Be it ordained by the governing body of the City of Brookings, South Dakota that said
Conditional Use shall be approved for a two-family dwelling on the S1/2 of Outlot 11 in the SW
1/4 of Section 35-T110N-R50W with the following conditions:
None
All sections and ordinances in conflict herewith are hereby repealed.
FIRST READING: January 27, 2009
SECOND READING: February 10, 2009
PUBLISHED:
CITY OF BROOKINGS
__________________________
Scott D. Munsterman, Mayor
ATTEST:
________________________________
Shari Thornes, City Clerk
City Council Packet
February 10, 2009
154
Planning Commission
Brookings, South Dakota
January 6, 2009
OFFICIAL MINUTES
Chairperson Greg Fargen called the regular meeting of the City Planning
Commission to order on January 6, 2009 at 7:00 PM in the Council Chamber at
City Hall. Members present were Al Heuton, Al Gregg, Larry Fjeldos, Mike
Cameron, David Kurtz, John Gustafson, Wayne Avery, and Fargen. Stacey
Howlett was absent. Also present were Brian Gatzke, Shane Carlson, Gary
Schumacher, Jack and Caryl Schmidt, Nita Sachen, Floyd Wiesner, City Engineer
Jackie Lanning, Planning and Zoning Administrator Dan Hanson, and others.
Item #7 – Jack and Caryl Schmidt have submitted an application for a
Conditional Use to establish a two-family dwelling in the Residence R-1B District
on the south ½ of Outlot 11 in the SW ¼ of Section 35-T110N-R50W.
(Kurtz/Cameron) Motion to approve the Conditional Use. All present voted
no. MOTION FAILED.
SUMMARY OF DISCUSSION
Item #7 – Gary Schumacher, attorney for Jack and Caryl Schmidt, stated that
the request for a two-family dwelling in the R-1B District met the lot width, lot
area, and parking requirements. He stated the property had a two-car garage
with parking on the driveway for at least six (6) cars.
Heuton asked for the current occupancy of the house. Schumacher
replied that three (3) tenants lived in the house. He added that the Schmidts
were only proposing a total of four (4) people. Their daughter would live in one
unit, and three (3) others would live in the second unit. Fjeldos asked if the
owners would accept a limit of four (4) persons. Schumacher replied yes.
Nita Sachen, a neighbor, noted that the Commission had previously
denied a similar request for a two-family dwelling in an R-1B District in November
2008. She recalled that precedence, additional traffic, and availability of lots in
the R-2 District in other areas of town for this use were arguments against
granting the application. She felt the same issues were relevant with this request.
She submitted a petition signed by seven neighbors who opposed the request.
Kurtz stated that there were other lots in the community available for this
use. Gregg felt the single-family make-up of the neighborhood should be
City Council Packet
February 10, 2009
155
maintained. Fargen remarked that the impact of this proposal on the
neighborhood had to be considered.
Schumacher stated that the petitioners were sensitive to the
neighborhood issues. If conditions were placed on the application, the property
could be controlled. He did not feel a precedence would be set if the
Commission allowed a limited use of the property. He added that the petitioners
were simply looking for housing for their children who would be attending SDSU.
Kurtz noted that the property could still be used by the petitioner’s
children without a conversion. Heuton remarked that the need for such a use in
a particular area was criteria for granting a conditional use, and he did not feel
the application met the criteria.
City Council Packet
February 10, 2009
156
Sec. 94-125 RESIDENCE R-1B SINGLE-FAMILY
(a) Intent. This district is intended to provide for areas of residential use with a gross density of
approximately five dwelling units per acre or less. The district permits single-family dwellings and
supportive community facilities such as parks, playgrounds, schools, libraries and churches.
(b) Scope of Regulations. The regulations set forth in this section or set forth elsewhere in
this title, when referred to in this section, are the district regulations of the Residence R-1B Single-
Family District.
(c ) Permitted Uses. Single-family dwelling including accessory uses incidental thereto such as
private garages, parking areas, etc.
(d) Permitted Special Uses. A building or premises may be used for the following purposes in
conformance with conditions prescribed herein:
1. All permitted special uses and conditions as stated in Section 94-124(d)(R-1A).
2. Private school of general instruction.
a. One of the frontages of the premises shall abut upon an arterial or collector street.
3. Family day care.
a. Restricted to 12 or less children at any one time.
(e) Conditional Uses.
1. Vocational or trade school
2. Retirement or nursing home
3. Two family dwelling
4. Group home
5. Major home occupation
6. Public recreation facility
7. Non-municipal library, museum, art gallery,
8. Private lake
9. Bed and breakfast establishment
(f) Density, Area, Yard and Height Regulations.
The R-1B district regulations shall be as follows:
Per Min Min Min Min Min Max
Unit Lot Lot Front Side Rear Hgt
Density Area Width Yard Yard Yard
Sq.Ft. Sq.Ft.
Single-Family 10,000 10,000 75' 30' 8' 25' 35'
Two-Family 6,200 12,400 90' 30' 8' 25' 35'
City Council Packet
February 10, 2009
157
Other Allowable Uses 10,000 75' 30' 10' 25' 35'
Density per family requirements shall not apply to dormitories, fraternities, sororities,
nursing homes or other similar group quarters where no cooking facilities are provided in
individual rooms
(g) Accessory Uses. Accessory uses and building permitted in the R-1B District are buildings
and uses customarily incidental to any of the permitted uses in the district.
(h) Parking Regulations. Parking, loading and stacking within the R-1B District shall be in
conformance with the regulations set forth in division 4 of article VI of this chapter
(i) Sign Regulations. Signs within the R-1B District shall be in conformance with the
regulations set forth in division 5 of article VI of this chapter
(j) Other Regulations. Development within the R-1B District shall be in conformance with the
regulations set forth in article II of this chapter
City Council Packet
February 10, 2009
158
Second Readings & Public Hearings:
11. Public hearing and action on Resolution No. 10-09, a
Resolution of Intent to Lease Real Property (Nichols).
The City purchased a parcel of property of approximately 92 acres located
in Section 21-T110-R50, which is west of the current airport site.
Approximately 48 acres of this parcel is available for hay/pasture use and
the City Council awarded the bid to Justin Thompson of Brookings at their
January 27th, 2008 meeting for the bid of $51.00 per acre. This will be a
one year lease (for 2009 season), which will allow this parcel to be bid with
the other airport land bids in the fall of 2009. The Notice of Public Hearing
with intent to lease to private person was advertised one time ten days
prior to the hearing as required by SDCL. This resolution will allow the
City to enter into a lease agreement with Justin Thompson of Brookings,
SD for 2009 for the amount of $51.00 per acre.
Action: Open & Close Public Hearing, Motion to approve, Roll Call
City Manager Recommendation: Approve
City Council Packet
February 10, 2009
159
RESOLUTION NO. 10-09
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 Justin Thompson for the 2009
season, commencing on February 15, 2009 and ending December 31, 2009, and pertaining to
the following described property:
The designated farmland, forty-eight (48) acres more or less in Section 21, T110N,
R50W in the City of Brookings, Brookings County, South Dakota.
The Lease will be an amount of Fifty-One Dollars ($51.00) per acre for pasture/hayland
annually, payable first half on April 1 and the remaining half on November 1.
BE IT FURTHER NOTED, that a Public Hearing on this Resolution was held on
February 10, 2009 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.
Passed and approved this 10th day of February 2009.
CITY OF BROOKINGS
____________________________________
Mayor Scott D. Munsterman
ATTEST:
__________________________
Shari Thornes, City Clerk
City Council Packet
February 10, 2009
160
Second Readings & Public Hearings:
12. Public hearing and action on Resolution No. 11-09, a
Resolution of Intent to Lease Real Property (Kastner).
State law requires a public hearing be held when a municipality intends to
lease residential property for more than 120 days. (ref. SDCL 9-12-5.2)
Pursuant to this statute a public hearing has been set for this meeting to
lease the city-owned residential property at 368 22nd Avenue South to
Wayne Raabe and Michelle Hartman for a period of one year.
Action: Open & Close Public Hearing, Motion to approve, Roll Call
City Manager Recommendation: Approve
City Council Packet
February 10, 2009
161
RESOLUTION NO. 11-09
RESOLUTION OF INTENT TO LEASE REAL PROPERTY TO PRIVATE ENTITY
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 Wayne Raabe and Michelle Hartman for a
period of one year and pertaining to the following described property: Lot Fifteen (15) in Block
Twelve (12) of East Acres Second Addition to the City of Brookings, County of Brookings,
State of South Dakota; also known as 368 22nd Avenue South.
BE IT FURTHER NOTED, that a Public Hearing on this Resolution was held on this 10th day
of February, 2009 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.
Passed and approved this 10th day of February 2009.
CITY OF BROOKINGS, SOUTH DAKOTA
Scott D. Munsterman, Mayor
ATTEST:
Shari L. Thornes, City Clerk
City Council Packet
February 10, 2009
162
Second Readings & Public Hearings:
13. Action authorizing the City Manager to enter into a lease
agreement with Wayne Raabe and Michelle Hartman for
the rental of property at 368 – 22nd Avenue South.
TO: Mayor & City Council Members
FROM: Jeffrey W. Weldon, City Manager
RE: Rental
As you know, the City owns a residential dwelling at 368 22nd Avenue for purposes of
land-banking in the event of future transportation modifications to 22nd and the railroad.
The party from whom we purchased the property was leasing it on a short-term basis
and vacated the property on December 31.
I advertised the home for lease, showed it four times, and we have a prospective tenant.
State law requires a public hearing prior to executing a lease for city-owned residential
property when the proposed lease exceeds 120 days.
This agenda item is a public hearing for a proposed lease which is attached. The tenants
have agreed to the terms and conditions of the lease which are as follows:
The lease is for one year at a monthly rent of $900 and a $900 damage deposit. The
tenants are Wayne Raabe and Michelle Hartman. Tenants in the house will be two
adults and one minor child. Tenant will pay all utilities. Appliances are included in the
rent and guaranteed to be in working order by the City for the first 90 days of the first
year’s lease. After that, tenant will be responsible for repairs, maintenance, and
replacement of any appliances. If the tenant replaces any appliances, they will become
the tenant’s personal property. The tenants wish to take occupancy March 1.
Following the public hearing, unless there is information to the contrary, staff
recommends approval of the lease.
Action: Motion to approve, request public comment, roll call
City Manager Recommendation: Approve
City Council Packet
February 10, 2009
163
LEASE AGREEMENT
_____________
THIS LEASE AGREEMENT (hereafter the “Agreement”) is made and entered into this _____
day of February, 2009, by and between the City of Brookings, South Dakota, Inc., a South
Dakota Municipal Corporation, (hereinafter referred to as “Lessor”), and Wayne Raabe and
Michelle Hartman, (hereinafter referred to as “Tenants”), for the rental of the dwelling located
at 368 – 22nd Avenue South, Brookings, South Dakota 57006.
WITNESSETH:
FOR AND IN CONSIDERATION of the mutual covenants, promises and conditions set
forth and contained herein, the parties to this Lease Agreement covenant and agree as follows:
1. EFFECTIVE DATE
This Lease Agreement shall be effective upon execution by both parties hereto.
2. DESCRIPTION OF THE PROPERTY TO BE LEASED
It is understood and agreed, subject to the terms and conditions set forth in this Agreement, that
Lessor hereby agrees to lease to Tenants, and Tenants hereby agree to lease from Lessor, for the
amounts and according to the terms provided in this Agreement, the property located at 368 – 22nd
Avenue South, Brookings, South Dakota 57006.
3. TERM OF LEASE / OCCUPANCY
Lessor and Tenants agree to lease this dwelling on a month to month basis, beginning March
1, 2009 until February 28, 2010. Either party agrees to give notice to the other party by January
31, 2010 of intent not to renew.
4. LEASE PAYMENTS/LATE RENTAL PAYMENT AND RETURNED CHECKS
Tenants agree to pay Lessor on or before the first (1st) day of each month, a monthly
rental payment of Nine Hundred and no/100 ($900.00) Dollars, payable at City Hall, P.O. Box
270, Brookings, South Dakota 57006.
Rent that is paid after the 15th of the month is subject to a late charge of Fifty Dollars
($50.00) which shall be paid with the rent payment which is late. Lessor shall not be obligated
to accept late payments and may pursue eviction proceedings in the event rent is not paid when
due. If any of Tenants’ checks are returned for insufficient funds, Tenants shall pay Lessor a bad
check charge of Thirty Dollars ($30.00) payable immediately upon notification of the bad check.
5. MAINTENANCE AND REPAIR
Lessor shall maintain the exterior of the residence, including the roof. Tenants shall maintain
the driveway, sidewalk and lawn, to include snow removal and mowing as needed. The Tenants will
maintain the condition of the interior of the residence, except for ordinary wear and tear; and will
promptly replace and repair all breakage or damages caused by Tenants with material of the
same quality. Prior to completing any repairs, Tenants shall obtain permission from Lessor.
City Council Packet
February 10, 2009
164
Tenants will not make any structural alternations or additions to the residence without the
written consent of Lessor.
6. UTILITIES
During Tenants’ occupancy, Tenants agree to timely pay all of the utilities. Lessor shall
have no obligation to pay utilities under this Lease Agreement. All utility accounts shall be in
the name of the tenants.
7. INSURANCE
The Lessor shall maintain fire and casualty insurance for the residence. The Tenants shall
insure their own personal property to the extent they desire.
8. FIRE OR CASUALTY
In the event the leased premises are wholly or partially destroyed by fire or other casualty
covered by the usual form of fire and extended casualty insurance which renders the premises
untenantable, this Lease shall terminate. In the event of lease termination due to destruction of the
residence, rent shall abate and the unearned portion shall be refunded.
9. USE OF PREMISES
The property described above is leased to the Tenants for the sole purpose of residential
living. Tenants agree to comply with all applicable laws, ordinances and regulations in connection
with their use of the leased premises.
10. SUBLEASE
The premises may not be subleased without written consent of the Lessor; and shall not be
used for any purpose other than a dwelling for the Tenants named herein.
11. LESSOR’S ACCESS
Lessor and its agents shall have the right to enter the rented premises at reasonable times
upon twenty-four (24) hours notice to inspect the premises; to insure maintenance, and to repair any
damage to the premises.
12. APPLIANCES
The following appliances are owned by the Lessor and provided with leased property at
the time of the lease being executed: range, refrigerator, dishwasher, clothes washer and clothes
dryer. Lessor warrants the operation of said appliances for the first ninety (90) days of this initial
lease. However, because Lessor has no control over the use of said appliances by Tenants, any
mechanical repairs or replacement are the responsibility of the Tenants after said ninety (90) days.
In the event the Tenants replace any appliances, said appliances are the personal property of the
Tenants and shall be removed from the premises upon the Tenants vacating the premises.
13. PETS
Pets are not allowed on or in the premises.
14. DEPOSIT
Tenants shall remit to Lessor a deposit of $900 as a damage deposit and lease agreement
security.
City Council Packet
February 10, 2009
165
15. INJURY AND LOSS
Lessor shall not be responsible or liable for any loss, theft or damage to property or injury
to or death of Tenants or any person on or about the leased premises, and Tenants agree to
indemnify, defend and hold Lessor harmless therefrom.
16. SURRENDER
At the expiration of said term or any renewal thereof, Tenants shall quit and surrender the
premises hereby leased in as good a state and condition as reasonable use and wear thereof will
permit. Any holding over by Tenants shall not operate, except by written agreement, to extend or
renew this Lease, and no tenancy of any duration shall be created thereby.
17. WAIVER
The consent of the Lessor in any instance to any variation of the terms of this Lease, or the
receipt of rent with knowledge of any breach, shall not be deemed to be a waiver as to any
breach of any covenant or condition herein contained, nor shall any waiver be claimed as to any
provision of this Lease unless the same be in writing, signed by the Lessor or Lessor’s Agent.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement and by their
execution each acknowledge receipt of one original copy and further acknowledge that this
Agreement is binding upon themselves, their heirs, next of kin and personal representatives.
Dated: February _____, 2009
CITY OF BROOKINGS, SOUTH DAKOTA, Lessor
By: ________________________________
Its:
ATTEST:
City Clerk
Dated: February _____, 2009
WAYNE RAABE & MICHELLE HARTMAN, TENANTS
____________________________________
Wayne Raabe
Michelle Hartman
City Council Packet
February 10, 2009
166
Second Readings & Public Hearings:
14. Public hearing and action on a house moving request
from Misty Carlson to move a one-story, single family
dwelling (Governor’s House) from Springfield, SD to Lot
12A, Parsley Way Addition, also known as 517 Shamrock
Lane.
Applicant: Misty Carlson
Proposal: Move a newly constructed house onto a lot in the Parsley Way
Addition in the Joint Jurisdiction Area
Background: The Parsley Way Addition is in the Residence R-1B
District, and is located one-half mile south of 32nd Street South on the west
side of Western Avenue. The addition was created in 1977 with the
platting of 15 lots and Shamrock Lane and six additional lots and Wicklow
Lane were platted in 2005. Many of the homes were built in the 1990’s and
2000’s. Two houses were moved into the subdivision.
Specifics: The house to be moved is a “Governor’s” house that is
constructed at the Springfield prison. The applicant plans to install a
basement and add a future attached two-stall garage. The site plan
conforms to the building setback requirements.
Action: Open & Close Public Hearing, Motion to approve, Roll Call
City Manager Recommendation: Approve
City Council Packet
February 10, 2009
174
Other Business
15. Quarterly Financial Report for the Brookings Municipal
Liquor Store.
TO: Mayor & City Council Members
FROM: Jeffrey W. Weldon, City Manager
RE: Brookings Municipal Liquor Store Financial Reports
Enclosed please find the 4th Quarter and Year‐End financial statements
for the Brookings Municipal Liquor Store. Of particular note, for the year
of 2008 the BMLS surpassed its goal of 8% profit.
Informational
City Council Packet
February 10, 2009
175
BROOKINGS MUNICIPAL LIQUOR STORE ANNUAL REPORT
Period Ended December 31, 2008
Operating
Agreements
Sales $ 5,025,707
Less Discount/ Paid Out -
Net Sales 5,025,707
Cost of Sales:
Purchases (net) 4,527,838
Total Cost of Sales 4,527,838
Gross Profit 497,869
Operating Expenses 40,000
Net Operating Agreement Income Before Transfers $ 457,869
net profit margin = net operating income/net sales 9.11%
Liquor
Store
Sales $ 3,537,508
Discounts/ net kegs/Lott Payout/Deposit Adj (49,966)
Net Sales $ 3,487,542
Cost of Sales:
Inventory January 1, (at cost) 576,104
Purchases (net) 2,736,742
Goods Available 3,312,846
Less Inventory Dec 31, 2008 , (at cost) (658,216)
Total Cost of Sales 2,654,630
Gross Profit 832,912
Operating Expenses
Current Expenses ** 208,636
Personnel Costs/ Retail 337,797
Personnel Costs/ Applied to Operating Agreements (40,000)
Capital Costs Under $5000 4,731
Depreciation Expense 41,174
Total Expenses 552,338
Non-operating Revenue
Rent 4,920
Total Other Income 4,920
Net Liquor Store Income Before Transfers $ 285,494
net profit margin = net Liquor Store Income/net sales 8.19%
City Council Packet
February 10, 2009
176
Operating Transfer Out To General Fund 400,000
Operating Transfer Out To Streetscape 107,722
** According to Mills Property Mgmt, the Liquor Store will be receiving a refund on a portion of the
2008 rent paid to the Mall. The exact amount was not available in time to make the agenda.
This refund will be accrued to 2008 and reduce current expense slightly.
City Council Packet
February 10, 2009
177
Other Business
16. Discussion and possible action to form Brookings Health
Systems Task Force.
This agenda item is pursuant to Council Member Bartley’s request at a
previous Council work session for a discussion and possible action
regarding the appointment of a task force for issues pertaining to the
Brookings Health Systems.
Action: Motion to Approve, Request Public Comment, Roll Call
City Manager Recommendation: Approve
City Council Packet
February 10, 2009
178
Other Business
17. Revised Restaurant Liquor Operating Agreement.
TO: Mayor & City Council Members
FROM: Jeffrey W. Weldon, City Manager
RE Revised Restaurant Liquor Operating Agreement
Attached is the further revised operating agreement as amended for
restaurant license applications. At the last meeting, you deleted provisions
for a minimum size and reference to the specific law governing restaurant
establishments because of existing language relative to requiring adherence
to laws.
The remaining issue is whether or not you wish to include language
requiring a point-of-sale financial system. This suggested language remains
in the document under Section XVIII. The word “auditing” has been
deleted and the word “reporting” was inserted.
The City has the right to undertake audits only to the extent as specified in
state law; meaning the 60-40 requirement. The law requires this
information to be submitted to the City annually.
My staff recommendation is to delete the first sentence of this section. I
don’t believe it is necessary, nor is it in our best interest, to dictate the
means and methods by which establishments comply with the reporting
requirement. From the standpoint of the business, it is in their best
interest to have a point-of-sale system for ease of financial accounting but I
do not believe we need to require it.
Informational
LIQUOR OPERATING AGREEMENT FOR RESTAURANT ESTABLISHMENTS
Name of business
THIS AGREEMENT made and entered into by and between the CITY OF
BROOKINGS, a municipal corporation of the State of South Dakota, hereinafter referred to as
the “City” and ________________. (dba _________), _____________, owner, hereinafter
referred to as the “Manager”.
WITNESSETH:
WHEREAS, the City has been issued an on-sale alcoholic beverage license and is
engaged in the sale of alcoholic beverages, and
WHEREAS, the City desires to enter into an operating agreement on a limited basis with
the Manager for the purpose of operating an on-sale establishment or business for and on behalf
of the City pursuant to law, and
WHEREAS, the Manager has offered to have facilities in which to operate said on-sale
establishment solely upon the premises hereinafter described.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
I.
This Agreement is made and entered into on a limited basis between the parties hereto to
allow the Manager to operate a retail on-sale premises, pursuant to and in accordance with all of
the terms and conditions of this Agreement in accordance with all State laws and City
Ordinances now in effect and as may be enacted in the future.
II.
The Manager shall be individually responsible for all operating expenses of said on-sale
establishment, including but not limited to utilities, taxes, insurance and license fees, if any.
The Manager shall furnish all equipment and fixtures necessary to operate the
establishment.
III.
The on-sale establishment shall be located upon real estate in the City of Brookings,
South Dakota, described as:
(LEGAL DESCRIPTION), City of Brookings, Brookings County,
South Dakota
Formatted: Indent: First line: 36 pt
2
IV.
The Manager shall dispense only alcoholic beverages supplied by the Municipal off-sale
establishment.
V.
This Agreement shall be in full force and effect for a period of five (5) years with the
Manager having the option and privilege of a five (5) year extension, subject to the approval of
the governing body of the City of Brookings.
VI.
Either the Manager or the City may terminate this Agreement without cause upon ninety
(90) days written notice served by either party upon the other. The City reserves the right to
immediately suspend or revoke this Agreement without ninety (90) days written notice for
alcohol related violations in accordance with the provisions of Resolution No. 25-88 or any
amendments thereto or for any late payments for alcoholic beverages supplied by the Municipal
off-sale establishment to be sold on the premises of Manager.
VII.
The Manager shall receive as full compensation for its services rendered, the net profit
from the on-sale establishment under its management, and the sole profit to be derived by the
City shall be the markup hereinafter set forth on alcoholic beverages furnished by the
municipality to the Manager for the purposes of resale on the premises as above described.
VIII.
The Manager shall pay to the City for all alcoholic beverages sold by the City to the
Manager for resale on the above-described premises, the actual cost of distilled spirits and wine
supplied by the City, plus eleven percent (11%) in excess of such cost; the Manager shall pay to
the City for all malt beverages sold by the City to the Manager for resale on the above-described
premises, the actual cost of malt beverages, plus ten percent (10%) in excess of such cost. The
actual cost shall include cost price and transportation charges. The markup percentages provided
in this Agreement are subject to change by the City of Brookings. In the event markup
percentages are changed by Ordinance, then the markup percentages provided by City Ordinance
shall supercede the markup percentages provided herein. The Manager further agrees that if
either of the markup percentages shall be increased at any time by the City, the Manager shall
pay the markup as so increased.
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IX.
A complete and detailed record shall be maintained by the City of all alcoholic beverages
supplied to the on-sale Manager and such alcoholic beverages so supplied shall be evidenced by
prenumbered invoices prepared in triplicate showing the date, quantity, brand, size and actual
cost of such item, and such invoice shall bear the signature of the authorized representative of the
on-sale Manager or its authorized representative. One copy thereof shall be retained by the
Municipal off-sale establishment, one copy shall be retained by the on-sale establishment, and
one copy shall be filed with the City Clerk. All copies shall be kept as permanent records and
made available for reference and audit purposes. The Manager also agrees to maintain a
complete record of all alcoholic beverages received from the City.
X.
In consideration of the covenants and agreements herein contained, the Manager agrees
to pay the CITY OF BROOKINGS, One Thousand Five Hundred and no/100 Dollars
($1,500.00), constituting the Annual License Fee on or by January 1, _________, and on or by
the first day of each year thereafter as long as this agreement shall remain in force and effect.
The Manager further agrees that if the annual fee shall be increased at any time by the
legislature, the Manager shall pay the amount of any such increase. In addition, the Manager
agrees to pay the federal stamp fee.
XI.
The Manager agrees to keep the premises in a neat, clean and attractive appearance, and
Manager further agrees to operate said on-sale establishment only on such days and at such hours
as permitted by state law and city ordinances.
XII.
The Manager shall have the right to return, at any time, alcoholic beverages received
from the City and to receive in return any deposit made for such alcoholic beverages; in the
event of termination of the business, all unused alcoholic beverages, which may be resold
without discount may be returned to the City and the Manager shall be reimbursed for the cost
of such alcoholic beverages.
XIII.
The Manager agrees to abide by the credit policies of the City and acknowledges, by
execution of this Agreement, receipt of a copy of the credit policies of the City. The City
reserves the right to change or terminate its credit policies at any time, but shall be required to
provide written notice to Manager prior to the effective date of the change or termination date of
the credit policies.
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XIV.
The Manager agrees to furnish the City upon demand, evidence of payment of the
following:
A. All salaries of on-sale employees;
B. Social Security and withholding taxes on said employees;
C. Worker’s Compensation insurance premiums covering said employees;
D. Unemployment taxes on the payrolls of said employees;
E. General liability insurance protecting both the City and Manager against claims for
injury or damages to persons or property, said policy to have general liability limits of
at least Five Hundred Thousand Dollars ($500,000.00) single limit, and One Million
Dollars ($1,000,000.00) aggregate, and a limitation of Fifty Thousand Dollars
($50,000.00) for damage to property. The general liability insurance limits are
subject to change and Manager agrees to change limits of insurance if required by the
City;
F. Rent and utility bills;
G. Any and all miscellaneous expenses, including taxes.
XV.
The Manager agrees to observe all Federal and State laws and all ordinances of the City
of Brookings.
XVI.
The City covenants and agrees to furnish the on-sale license to Manager pursuant to the
terms and conditions of this Operating Agreement and the terms and conditions of the on-sale
license.
XVII.
The City shall have the right to make inspections and investigations of the premises
during the hours of operation, and make audits and examinations of the records of the Manager
relating to the on-sale establishment.
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XVIII.
The Manager agrees to utilize an industry-standard point-of-sale cash register system as a
means of producing records meeting state and local reporting requirements. The City shall have
the right to require, and the Manager the obligation to provide, applicable financial information
as a means of auditing compliance with state and applicable laws, in a format determined by the
City, with 30 days written notice.
XIX.
It is further specifically understood and agreed that the waiver of the rights of the City
under this Agreement shall not constitute a continuous waiver, and any violation or breach of the
terms of this agreement by the Manager shall constitute a separate and distinct offense and
grounds for immediate termination and revocation of this Agreement.
XXIV.
This agreement shall not be assignable to another person or location without the written
consent of the City.
IN WITNESS WHEREOF, the parties hereto have executed this agreement this 27th ____
day of February_____________, 2007___.
CITY OF BROOKINGS, South Dakota
A Municipal Corporation
By:
Jeffrey W. Weldon, City Manager
ATTEST:
Shari Thornes, Brookings City Clerk
MANAGER
By: ___________________________________
Operating Agreement/Business Owner
Formatted: Left
City Council Packet
February 10, 2009
184
18. Adjourn.