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Home My WebLink About2009_04_07 CC PKTCity Council Packet April 7, 2009 1 Brookings City Council Tuesday, April 7, 2009 City Hall Council Chambers 311 Third Avenue 5:00 p.m. – Executive Session 5:30 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. EXECUTIVE SESSION 1. Executive Session for purposes of discussing competitive pricing strategies. Action: Motion to enter executive session – Voice Vote Motion to exit executive session – Voice Vote 5:30 pm WORK SESSION ** Work sessions are open to the public. During the work session the city staff would brief the council on items for that particular meeting, introduce future topics, and provide a time for Council members to introduce topics. 1. Presentation of Brookings Municipal Utilities Financial Reports. 2. 6:00 p.m. Meeting Review. 3. Council Invites & Obligations. 4. 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 on Resolution No. 33-09, awarding bids for electronics storage shed for landfill. C. Action to award bids for golf course mowers. D. Action to award bids for ice arena parking lot project. E. Action on Resolution No. 32-09, a resolution in support of the South Dakota Safe Routes to School Grant Application. F. Action to hold a special Council meeting on April 16th for purposes of canvassing the April 14th municipal ballot. G. Action to approve purchase of new skid steer loader off of State Department of Game, Fish and Parks Wildlife, Pierre, SD bid for $33,540. H. Action to authorize the Mayor to sign environmental documents for Self Help Opportunity (SHOP) grant funds. I. Action on request to abate a portion of the 2009 drainage fee for Parcel No. 40055-00200- 002-00, Allen Perry. J. Action on request to abate a portion of the 2009 drainage fee for Parcel No. 40285-00000- 022-00, 1614 Western Avenue, Steve Hogie. Motion to approve, request public comment, roll call City Council Packet April 7, 2009 2 * 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, Special Requests/Invites & Reports: 5. Open Forum. 6. SDSU Student Senate Report. 7. Mayor’s Annual State of the City Message. Ordinances – 1st Readings ** 8. Ordinance No. 10-09 - An Ordinance Requiring Sanitary Conditions For Animal Dwellings In The City Of Brookings, South Dakota. Public Hearing – April 28, 2009 ** 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 9. TABLED - Ordinance No. 05-09: An ordinance regulating ultimate fighting contests in the City of Brookings, South Dakota. Action: Motion to remove from table, roll call Request public comment, roll call 10. Ordinance No. 06-09: Budget Amendment, An ordinance Entitled “An Ordinance Authorizing A Supplemental Appropriation To The 2009 Budget For The Purpose Of Providing For Additional Funds For The Operation Of The City. Action: Motion to Approve, request public comment, roll call 11. Ordinance No. 07-09: Hospital Board Ex-Officios, An ordinance amending section 42-94 of the code of ordinances of the city of Brookings, South Dakota and pertaining to the designation of a council member to attend meetings of the hospital board of trustees in the city of Brookings, South Dakota. Action: Motion to Approve, request public comment, roll call 12. Ordinance No. 08-09: Utility Board Ex-Officios, An ordinance amending section 86-43 of the code of ordinances of the city of Brookings, South Dakota and pertaining to the designation of a council member to attend meetings of the utility board in the city of Brookings, South Dakota. Action: Motion to Approve, request public comment, roll call 13. Ordinance No. 09-09: Swiftel Center Advisory Board Ex-Officios, An ordinance amending Section 2-183 of the code of ordinances of the city of Brookings, South Dakota and pertaining to the designation of a council member to attend meetings of the swiftel center advisory committee in the city of Brookings, South Dakota. Action: Motion to Approve, request public comment, roll call City Council Packet April 7, 2009 3 14. Public hearing and possible action on Resolution No. 29-09, a resolution of intent to lease real property for BATA. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 15. Public hearing and action on Resolution No. 27-09, Proposed Street Assessment Project 2009–02-STA. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 16. Public hearing and action on Resolution No. 31-09, levying Assessment For Sidewalk Assessment Project No. 2008-01SWR. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 17. Public hearing and action on Resolution No. 28-09, a resolution authorizing the execution of an agreement to become a member of the Brookings Regional Railroad Safety Authority. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 18. Action to authorize the Mayor to sign an agreement between the City of Brookings and Brookings County establishing a Rail Authority. Action: Motion to Approve, request public comment, roll call Alcohol Licenses 19. Public hearing and action on a transfer of an Off-Sale Malt Beverage Alcohol License from Kum & Go to CPI dba Zip Trip, at 1005 6th Street (W115’ Lots 1 and 2, Block 1, Randi Peterson’s Addition), Brookings, SD and 3045 Lefevre Drive (Lot 6, N225’ of E30’ Lot 7, Lefevre Addition), Brookings, SD. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 20. Public hearing and action for an On-Off Sale Malt Beverage Alcohol License for the Cottonwood Coffee Inc. (dba – Cottonwood Bistro), Jacob Limmer and Lynn Askew, owners, 1710 Sixth Street, Brookings, South Dakota, legal description: Sublot 2 of Lot B, West 71.5’ of vacated alley, Block 1, Bane and Poole Addition. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 21. Action on Resolution No. 30-09, authorizing the City Manager to sign an Wine Operating Agreement for an On/Off Wine License for the Cottonwood Coffee Inc. (dba – Cottonwood Bistro), Jacob Limmer and Lynn Askew, owners, 1710 Sixth Street, Brookings, South Dakota, legal description: Sublot 2 of Lot B, West 71.5’ of vacated alley, Block 1, Bane and Poole Addition. Action: Open & Close Public Hearing, Motion to Approve, Roll Call City Council Packet April 7, 2009 4 22. 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 April 7, 2009 5 5:00 P.M. EXECUTIVE SESSION 1. Executive Session for purposes of discussing competitive pricing strategies. Executive or closed meetings may be held for the sole purpose of: 1. Discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term “employee” does not include any independent contractors; 2. Discussing the expulsion, suspension, discipline, assignment of or the educational program of a student; 3. Consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters; 4. Preparing for contract negotiations or negotiating with employees or employee representatives; 5. Discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, where public discussions would be harmful to the competitive position of the business. However, any official action concerning such matters shall be made at an open official meeting. An executive or closed meeting shall be held only upon a majority vote of the members of such body present and voting, and discussion during the closed meeting is restricted to the purpose specified in the closure motion. Nothing in 1-25-1 or this section may be construed to prevent an executive or closed meeting if the federal or state Constitution or the federal or state statutes require or permit it. A violation of this section is a Class 2 misdemeanor. Action: Motion to enter executive session – Voice Vote Motion to exit executive session – Voice Vote Estimated time: 30 minutes City Council Packet April 7, 2009 6 5:30 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. Presentation of Brookings Municipal Utilities Financial Reports. Representatives of the Brookings Municipal Utilities will present updated financial reports and respond to questions. Estimated Time: 20 minutes City Council Packet April 7, 2009 7 5:30 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. 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 on Resolution No. 33-09, awarding bids for electronics storage shed for landfill. C. Action to award bids for golf course mowers. D. Action to award bids for ice arena parking lot project. E. Action on Resolution No. 32-09, a resolution in support of the South Dakota Safe Routes to School Grant Application. F. Action to hold a special Council meeting on April 16th for purposes of canvassing the April 14th municipal ballot. G. Action to approve purchase of new skid steer loader off of State Department of Game, Fish and Parks Wildlife, Pierre, SD bid for $33,540. H. Action to authorize the Mayor to sign environmental documents for Self Help Opportunity (SHOP) grant funds. I. Action on request to abate a portion of the 2009 drainage fee for Parcel No. 40055-00200- 002-00, Allen Perry. J. Action on request to abate a portion of the 2009 drainage fee for Parcel No. 40285-00000- 022-00, 1614 Western Avenue, Steve Hogie. Motion to approve, request public comment, roll call Presentations, Special Requests/Invites & Reports: 5. Open Forum. 6. SDSU Student Senate Report. 7. Mayor’s Annual State of the City Message. Ordinances – 1st Readings ** 8. Ordinance No. 10-09 - An Ordinance Requiring Sanitary Conditions For Animal Dwellings In The City Of Brookings, South Dakota. Public Hearing – April 28, 2009 Second Readings/Public Hearings 9. TABLED - Ordinance No. 05-09: An ordinance regulating ultimate fighting contests in the City of Brookings, South Dakota. Action: Motion to remove from table, roll call Request public comment, roll call 10. Ordinance No. 06-09: Budget Amendment, An ordinance Entitled “An Ordinance Authorizing A Supplemental Appropriation To The 2009 Budget For The Purpose Of Providing For Additional Funds For The Operation Of The City. Action: Motion to Approve, request public comment, roll call 11. Ordinance No. 07-09: Hospital Board Ex-Officios, An ordinance amending section 42-94 of the code of ordinances of the city of Brookings, South Dakota and pertaining to the designation of a council member to attend meetings of the hospital board of trustees in the city of Brookings, South Dakota. Action: Motion to Approve, request public comment, roll call City Council Packet April 7, 2009 8 12. Ordinance No. 08-09: Utility Board Ex-Officios, An ordinance amending section 86-43 of the code of ordinances of the city of Brookings, South Dakota and pertaining to the designation of a council member to attend meetings of the utility board in the city of Brookings, South Dakota. Action: Motion to Approve, request public comment, roll call 13. Ordinance No. 09-09: Swiftel Center Advisory Board Ex-Officios, An ordinance amending Section 2-183 of the code of ordinances of the city of Brookings, South Dakota and pertaining to the designation of a council member to attend meetings of the swiftel center advisory committee in the city of Brookings, South Dakota. Action: Motion to Approve, request public comment, roll call 14. Public hearing and possible action on Resolution No. 29-09, a resolution of intent to lease real property for BATA. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 15. Public hearing and action on Resolution No. 27-09, Proposed Street Assessment Project 2009–02-STA. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 16. Public hearing and action on Resolution No. 31-09, levying Assessment For Sidewalk Assessment Project No. 2008-01SWR. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 17. Public hearing and action on Resolution No. 28-09, a resolution authorizing the execution of an agreement to become a member of the Brookings Regional Railroad Safety Authority. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 18. Action to authorize the Mayor to sign an agreement between the City of Brookings and Brookings County establishing a Rail Authority. Action: Motion to Approve, request public comment, roll call Alcohol Licenses 19. Public hearing and action on a transfer of an Off-Sale Malt Beverage Alcohol License from Kum & Go to CPI dba Zip Trip, at 1005 6th Street (W115’ Lots 1 and 2, Block 1, Randi Peterson’s Addition), Brookings, SD and 3045 Lefevre Drive (Lot 6, N225’ of E30’ Lot 7, Lefevre Addition), Brookings, SD. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 20. Public hearing and action for an On-Off Sale Malt Beverage Alcohol License for the Cottonwood Coffee Inc. (dba – Cottonwood Bistro), Jacob Limmer and Lynn Askew, owners, 1710 Sixth Street, Brookings, South Dakota, legal description: Sublot 2 of Lot B, West 71.5’ of vacated alley, Block 1, Bane and Poole Addition. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 21. Action on Resolution No. 30-09, authorizing the City Manager to sign an Wine Operating Agreement for an On/Off Wine License for the Cottonwood Coffee Inc. (dba – Cottonwood Bistro), Jacob Limmer and Lynn Askew, owners, 1710 Sixth Street, Brookings, South Dakota, legal description: Sublot 2 of Lot B, West 71.5’ of vacated alley, Block 1, Bane and Poole Addition. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 22. Adjourn. City Council Packet April 7, 2009 9 5:30 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. Council Invites & Obligations April 10th Legislative Wrap-up 11:45 am Day’s Inn April 14 Election April 16th City Council Meeting – Canvass Ballot 5:00pm City Hall Meeting Room April 19th Spring Diversity Potluck Sponsored by Human Rights Committee Old Sanctuary April 27th Joint City Council & Hospital Board 5:00 p.m. Hospital April 28th City Council Meeting 5 & 6 pm City Hall Chambers May 1st Electrical Engineering & Computer Science Building Dedication 4:30 pm SDSU May 12th Individual & group Council Photos 3:00 pm City Hall Council Chambers May 12th Reception for Munsterman & Brunner 4:00 pm City Hall Community Room May 12th City Council Meeting 5 & 6 pm City Hall Chambers May 26th City Council Meeting 5 & 6 pm City Hall Chambers June 9th City Council Meeting 5 & 6 pm City Hall Chambers June 23rd City Council Meeting 5 & 6 pm City Hall Chambers July 10th SDML Annual Elected Officials Workshop All day Pierre Oct 6-10 SDML Annual Conference Watertown Nov 10-14 NLC Conference San Antonio City Council Packet April 7, 2009 10 5:30 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. 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 April 7, 2009 11 6:00 p.m. Council 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 on Resolution No. 33-09, awarding bids for electronics storage shed for landfill. C. Action to award bids for golf course mowers. D. Action to award bids for ice arena parking lot project. E. Action on Resolution No. 32-09, a resolution in support of the South Dakota Safe Routes to School Grant Application. F. Action to hold a special Council meeting on April 16th for purposes of canvassing the April 14th municipal ballot. G. Action to approve purchase of new skid steer loader off of State Department of Game, Fish and Parks Wildlife, Pierre, SD bid for $33,540. H. Action to authorize the Mayor to sign environmental documents for Self Help Opportunity (SHOP) grant funds. I. Action on request to abate a portion of the 2009 drainage fee for Parcel No. 40055-00200- 002-00, Allen Perry. J. Action on request to abate a portion of the 2009 drainage fee for Parcel No. 40285-00000- 022-00, 1614 Western Avenue, Steve Hogie. 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, Special Requests/Invites & Reports: 5. Open Forum. 6. SDSU Student Senate Report. 7. Mayor’s Annual State of the City Message. Ordinances – 1st Readings ** 8. Ordinance No. 10-09 - An Ordinance Requiring Sanitary Conditions For Animal Dwellings In The City Of Brookings, South Dakota. Public Hearing – April 28, 2009 ** 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 9. TABLED - Ordinance No. 05-09: An ordinance regulating ultimate fighting contests in the City of Brookings, South Dakota. Action: Motion to remove from table, roll call Request public comment, roll call City Council Packet April 7, 2009 12 10. Ordinance No. 06-09: Budget Amendment, An ordinance Entitled “An Ordinance Authorizing A Supplemental Appropriation To The 2009 Budget For The Purpose Of Providing For Additional Funds For The Operation Of The City. Action: Motion to Approve, request public comment, roll call 11. Ordinance No. 07-09: Hospital Board Ex-Officios, An ordinance amending section 42-94 of the code of ordinances of the city of Brookings, South Dakota and pertaining to the designation of a council member to attend meetings of the hospital board of trustees in the city of Brookings, South Dakota. Action: Motion to Approve, request public comment, roll call 12. Ordinance No. 08-09: Utility Board Ex-Officios, An ordinance amending section 86-43 of the code of ordinances of the city of Brookings, South Dakota and pertaining to the designation of a council member to attend meetings of the utility board in the city of Brookings, South Dakota. Action: Motion to Approve, request public comment, roll call 13. Ordinance No. 09-09: Swiftel Center Advisory Board Ex-Officios, An ordinance amending Section 2-183 of the code of ordinances of the city of Brookings, South Dakota and pertaining to the designation of a council member to attend meetings of the swiftel center advisory committee in the city of Brookings, South Dakota. Action: Motion to Approve, request public comment, roll call 14. Public hearing and possible action on Resolution No. 29-09, a resolution of intent to lease real property for BATA. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 15. Public hearing and action on Resolution No. 27-09, Proposed Street Assessment Project 2009–02-STA. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 16. Public hearing and action on Resolution No. 31-09, levying Assessment For Sidewalk Assessment Project No. 2008-01SWR. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 17. Public hearing and action on Resolution No. 28-09, a resolution authorizing the execution of an agreement to become a member of the Brookings Regional Railroad Safety Authority. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 18. Action to authorize the Mayor to sign an agreement between the City of Brookings and Brookings County establishing a Rail Authority. Action: Motion to Approve, request public comment, roll call City Council Packet April 7, 2009 13 Alcohol Licenses 19. Public hearing and action on a transfer of an Off-Sale Malt Beverage Alcohol License from Kum & Go to CPI dba Zip Trip, at 1005 6th Street (W115’ Lots 1 and 2, Block 1, Randi Peterson’s Addition), Brookings, SD and 3045 Lefevre Drive (Lot 6, N225’ of E30’ Lot 7, Lefevre Addition), Brookings, SD. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 20. Public hearing and action for an On-Off Sale Malt Beverage Alcohol License for the Cottonwood Coffee Inc. (dba – Cottonwood Bistro), Jacob Limmer and Lynn Askew, owners, 1710 Sixth Street, Brookings, South Dakota, legal description: Sublot 2 of Lot B, West 71.5’ of vacated alley, Block 1, Bane and Poole Addition. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 21. Action on Resolution No. 30-09, authorizing the City Manager to sign an Wine Operating Agreement for an On/Off Wine License for the Cottonwood Coffee Inc. (dba – Cottonwood Bistro), Jacob Limmer and Lynn Askew, owners, 1710 Sixth Street, Brookings, South Dakota, legal description: Sublot 2 of Lot B, West 71.5’ of vacated alley, Block 1, Bane and Poole Addition. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 22. Adjourn. City Council Packet April 7, 2009 14 CONSENT AGENDA #4 4. Action to approve the following Consent Agenda Items * A. Action to approve the agenda. B. Action on Resolution No. 33-09, awarding bids for electronics storage shed for landfill. C. Action to award bids for golf course mowers. D. Action to award bids for ice arena parking lot project. E. Action on Resolution No. 32-09, a resolution in support of the South Dakota Safe Routes to School Grant Application. F. Action to hold a special Council meeting on April 16th for purposes of canvassing the April 14th municipal ballot. G. Action to approve purchase of new skid steer loader off of State Department of Game, Fish and Parks Wildlife, Pierre, SD bid for $33,540. H. Action to authorize the Mayor to sign environmental documents for Self Help Opportunity (SHOP) grant funds. I. Action on request to abate a portion of the 2009 drainage fee for Parcel No. 40055-00200- 002-00, Allen Perry. J. Action on request to abate a portion of the 2009 drainage fee for Parcel No. 40285-00000- 022-00, 1614 Western Avenue, Steve Hogie. * Matters appearing on the Consent Agenda are expected to be non-controversial and will be acted upon by the Council at one time, without discussion, unless a member of the Council or City Manager requests an opportunity to address any given item. Items removed from the Consent Agenda will be discussed at the beginning of the formal items. Approval by the Council of the Consent Agenda items means that the recommendation of the City Manager is approved along with the terms and conditions described in the agenda supporting documentation. Action: Motion to approve, request public comment, roll call City Manager Recommendation: Approve City Council Packet April 7, 2009 15 #4 - CONSENT AGENDA: B. Action on Resolution No. 33-09, awarding bids for electronics storage shed for landfill. Eleven bids were opened on March 31st for the electronic storage building project. The lowest bid was from Mills Construction of Brookings, SD for $123,900.00. There is a $150,000.00 budgeted for this project. Staff recommends awarding the bid to Mills Construction for $123,900.00. Resolution No. 33-09 Resolution Awarding Bid for Electronic Storage Building for the Landfill Whereas, the City of Brookings received the following bids for an electronic storage building at the March 31,2009 bid letting: Mills Construction, Brookings, SD for $123,900.00; Clark Drew Construction, Inc., Brookings, SD for $129,900.00; Daren Construction, Inc., Sioux Falls, SD for $129,941.00; Peska Construction, Inc., Sioux Falls, SD for $132,750.00; Robbins Construction, Brookings, SD for $142,871.20; Empire Builders, Sioux Falls, SD for $143,722.00; Beck and Hofer Construction, Inc., Sioux Falls, SD for $145,900.00; Dallas I. Hanson Construction, Inc., Ortonville, MN for $146,800.00; Lehtola Builders, Inc., Lake Norden, SD for $156,533.00; Gil Haugen Construction, Sioux Falls, SD for $172,000.00; and Baldholm Construction, Inc., Marshall, MN for $181,320.00. Now Therefore, Be it Resolved that the low bid from Mills Construction of Brookings, South Dakota, in the amount of $123,900.00 for the above-mentioned electronic storage building be accepted. Passed and approved this 7th day of April 2009. CITY OF BROOKINGS _____________________________ Scott D. Munsterman, Mayor ATTEST: _________________________ Shari Thornes, City Clerk City Council Packet April 7, 2009 16 #4 - CONSENT AGENDA: C. Action to award bids for golf course mowers. Bids were opened on March 31st for new mowers, all replacements, for EdgeBrook Golf Course. Our current fleet of mowers (two fairway and five green and tee mowers) range from 9 to 16 years old, very old for this type of equipment. Our golf course CIP contemplates $48,000 in 2009 and $50,000 per year thereafter for 4 years to purchase equipment, primarily mowers. Rather than buy one or two per year, the plan is to purchase them all now, and finance the last 4 years through an inter-departmental loan from a city reserve fund and pay back over the 4 years from the golf course Enterprise Fund CIP. It was important that the two fairway mowers and the five green/tee mowers be the same brand, respectively. Currently we have John Deere and Toro. We also had the option of bidding either five gang or seven gang fairway units. Vendors were able to bid any or all of five Schedules or Base Bids, two of which were the fairway and green mowers combined. The city then has the option of determining the best buy for the city, from the standpoint of low total cost and meeting all specifications. A review of the bid tab will show the options we have. Our recommendation is that we should accept a bid from Schedule 5, the combined bid of five gang greens/tee mowers and seven foot fairway mowers. The two bids are only $701 apart. Several basic features are important in the use and maintenance of our mowers, and of course, not all brands of mowers are identical in design. One feature which is very important to us is the mechanism that adjusts the cutting reels to the bedknives. To insure quality of cut this is checked everyday on each unit. We specified that we preferred a mower that has what is called a Dual Point Adjustment, described as “dual screw, indexed click adjustment”, which means the adjustment is made to each side of the reel in increments of one/one thousandth of an inch each “click”. This is very precise, and easily accomplished by the mower operator, who uses a thin piece of paper to check cutting. TurfWerks, who is $701 lower for this bid package, does not have this feature available, but rather have more cumbersome methods of adjustable end screws, which are not as accurate, take a longer time on each unit, and requires much more training and ability of the mower operator. There are five reels on each mower, and five mowers, so potentially there are 25 separate reels to adjust on a day when they all go out. Staff feels the extra $701 is very well spent over the life of these mowers, even one season, and since we specified this feature as preferred, we are within our prerogative to award the bid to Midwest Turf. City Council Packet April 7, 2009 17 BID TAB MIDWEST TURF & TURFWERKS POTTER COUNTY GOLF COURSE MOWERS IRRIGATION IMPLEMENT MARCH 31, 2009 Omaha, NE Sioux Falls, SD Gettysburg, SD SCHEDULE 1. Five (5) green and tee mowers $116,810.00 $109,950.00 $103,255.00 with trade LUMP SUM BID SCHEDULE 2 Two (2) five gang fairway $74,607.00 $70,250.00 $68,478.00 mowers with trade LUMP SUM BID SCHEDULE 3 Two (2) seven gang fairway $102,463.00 $92,456.00 no bid mowers with trade LUMP SUM BID SCHEDULE 4 Five (5) green and tee mowers plus two (2) five $171,947.00 $174,950.00 $169,795.00 gang fairway mowers, with trade LUMP SUM BID SCHEDULE 5 Five (5) green and tee mowers plus two (2) seven $197,151.00 $196,450.00 no bid gang fairway mowers, with trade LUMP SUM BID City Council Packet April 7, 2009 18 #4 - CONSENT AGENDA: D. Action to award bids for ice arena parking lot project. Banner Associates and City Staff have evaluated the bids received on March 31st, 2009 for the Larson Ice Center 2009 Exterior Improvements, which consists of site work to modify the existing parking lot, construction of new entrance canopies, modifications to the exterior finish of the existing building, and miscellaneous electrical work. Six bids were received as shown below. Bidder Number Bidder’s Name and Address Base Bid Bid Alternate No. 1 Bid Alternate No. 2 1 Mills Construction 1311 Main Ave. So. Brookings, SD 57006 $417,000.00 - $8,200.00 - $12,800.00 2 Peska Construction 2700 N. 4th Avenue Sioux Falls, SD 57104 $432,700.00 - $10,500.00 - $12,000.00 3 Clark Drew Construction 302 32nd Ave S Brookings, SD 57006 $448,500.00 - $14,370.00 - $16,790.00 4 Gil Haugan Construction 200 East 60 Street North Sioux Falls, SD 57104 $454,000.00 - $8,400.00 - $13,200.00 5 Beck & Hofer Construction 618 E. Maple Sioux Falls, SD 57104 $478,000.00 - $10,000.00 - $18,700.00 6 Dallas I. Hanson 700 US Hwy 75 Ortonville, MN 56278 $510,000.00 - $13,000.00 - $20,000.00 The low base bid was submitted by Mills Construction in the amount of $417,000.00. The evaluation of the experience, reputation, and financial condition of Mills Construction indicates that they are capable of completing the work required. Therefore, staff recommends the award of a contract for construction of the Larson Ice Center 2009 Exterior Improvements to Mills Construction in the amount of $417,000.00. The bids were very favorable, over $90,000 below architects/engineers estimate. This puts the budget well within the range of what was acceptable with the donor for the major portion of this project. Our arrangement for funding contemplated a split share with the city, based on parking lot improvements ($132,000-city cost) and front entrance enhancements ($285,000- donor cost) which equals the $417,000 total. Contingency budget (up to $30,000) and architect/engineering fees (approx. $40,000) are extra and will be pro-rated by the same ratio as the base bid. Because the city costs were not budgeted, our donor has agreed to loan an amount equal to our cost, to be repaid in the year following the last payment on the loan for the Aquatic Center (paid off in 2011). City Council Packet April 7, 2009 19 #4 - CONSENT AGENDA: E. Action on Resolution No. 32-09, a resolution in support of the South Dakota Safe Routes to School Grant Application. The Safe Routes to School program is a grant program providing communities with the opportunity to encourage and improve safety for bicycling and walking to school for grades K-8. The goals of the program are: • To enable and encourage children, including those with disabilities, to walk and bicycle to school • To make bicycling and walking to school a safer and more appealing transportation alternative, thereby encourage a healthy and active lifestyle from an early age • To facilitate the planning, development, and implementation of projects and activities that will improve safety and reduce traffic, fuel consumption, and air pollution in the vicinity of schools. The State of South Dakota currently has grant funds available for the Safe Routes to School program, and the grant applications must be postmarked by April 8, 2009. An ad-hoc committee was formed with city staff and interested citizens to compile the information needed for the grant application. The grant application has been a team effort, with the Brookings school system, local business owners, and other citizens. The Safe Routes to School project involves the “5Es”: • Education • Enforcement • Encouragement • Evaluation • Engineering The 2008 Safe Routes to School application identified a potential route between residential areas, the new Intermediate School, Mickelson Middle School, and the Boys and Girls club, as shown on the included drawing. The 2009 application is seeking additional signage along the designated routes as well as non-infrastructure items like bicycles for PE curriculum, walking/biking incentives, training, and Freikometers. This resolution will authorize the City of Brookings to apply for grant funding for the Safe Routes to School program. City Council Packet April 7, 2009 20 Resolution No. 32-09 Resolution in Support of South Dakota Safe Routes to School Application WHEREAS, the City of Brookings supports projects and activities that will encourage children to walk and bicycle to school; and WHEREAS, the City of Brookings is desirous in providing routes for children to walk and bicycle to school; and WHEREAS, the State of South Dakota has grant funds available for the Safe Routes to School projects; and WHEREAS, the City of Brookings is the sponsoring applicant for funds; and WHEREAS, the City is capable of administering the Safe Routes to School project; and WHEREAS, the City is prepared to maintain the new improvements. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brookings supports the described application for the Safe Routes to School project. Passed and approved this 7th day of April 2009. CITY OF BROOKINGS ____________________________ Scott D. Munsterman, Mayor ATTEST: ________________________ Shari Thornes, City Clerk City Council Packet April 7, 2009 25 #4 - CONSENT AGENDA: F. Action to hold a special Council meeting on April 16th for purposes of canvassing the April 14th municipal ballot. Per state law, City Council action is required to hold a city council meeting. A special meeting is scheduled for Thursday, April 16th, at 5:00 p.m. in City Hall for the sole purpose of canvassing the April 14th municipal ballot. State law further requires ballot canvassing must occur within seven days of the election. City Council Packet April 7, 2009 26 #4 - CONSENT AGENDA: G. Action to approve purchase of new skid steer loader off of State Department of Game, Fish and Parks Wildlife, Pierre, SD bid for $33,540. Pursuant to SDCL 5-18-23, municipalities have the ability to purchase off of State bids and other municipal bids. Accordingly, Council action is requested to authorize the purchase of a new skid steer load off the State Department of Game, Fish and Parks Wildlife in the amount of $33,540. City Council Packet April 7, 2009 27 #4 - CONSENT AGENDA: H. Action to authorize the Mayor to sign environmental documents for Self Help Opportunity (SHOP) grant funds. First Planning District staff are assisting the Brookings Habitat for Humanity and Interlakes Community Action with environmental review document preparation for Self Help Opportunity Grant Funds. Council action is needed to authorize the Mayor to sign environmental review letters to be sent to the State Historic Preservation Office and the Department of Housing and Urban Development. City Council Packet April 7, 2009 28 #4 - CONSENT AGENDA: I. Action on request to abate a portion of the 2009 drainage fee for Parcel No. 40055-00200-002-00, Allen Perry. The City Engineer received a request from Allen Perry of Martins, Inc. to recalculate the drainage fee for Parcel Number 40055-00200-002-00, otherwise known as the E 68’ of the S113’ of the N156’ of Lot 2, Block 2, Bidco Addition (no address). City ordinance dictates the method of calculating the drainage fee for a property, which is: the square footage of the lot x runoff weighting factor x unit financial charge. The owner brought it to the City’s attention that this parcel had been subdivided and was a vacant lot, thus the square footage and the runoff weighting factor were incorrect. The correct drainage fee is reduced as follows: 2009 drainage fee charged: $535.50 2009 drainage fee recalculated: $2.66 Amount to be abated from 2009 taxes: $532.84 Approval of this request will authorize the Brookings County will abate this amount after approval from the City Council. City Council Packet April 7, 2009 29 #4 - CONSENT AGENDA: J. Action on request to abate a portion of the 2009 drainage fee for Parcel No. 40285-00000-022-00, 1614 Western Avenue, Steve Hogie. The City Engineer received a request from Steve Hogie, partner for XTRA LLP, to recalculate the drainage fee for Lot 22, Lane Addition, otherwise known as 1614 Western Avenue. City ordinance dictates the method of calculating the drainage fee for a property, which is: the square footage of the lot x runoff weighting factor x unit financial charge. The ordinance allows a person to request a site study to calculate the fee. This alternate method of calculation takes into consideration of the actual impervious area which may correlate to a different runoff weighting factor, depending on the specific site conditions. In the case of this property, the impervious area is only 9.8% of the total lot area, thus reducing the drainage fee as follows: 2009 drainage fee charged: $1266.29 2009 drainage fee recalculated: $353.82 Amount to be abated from 2009 taxes: $912.47 The City Council had previously abated this amount in 2007, however, due to a calculation error, the incorrect fee was charged for 2009. Approval of this request will authorize the Brookings County will abate this amount after approval from the City Council. City Council Packet April 7, 2009 30 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 STUDENT SENATE REPORT. City Council Packet April 7, 2009 31 Presentations/Reports/Special Requests: 7. Mayor’s Annual State of the City Message. Mayor Munsterman will present his annual State of the City Message at the meeting. A copy of the report will be available after the meeting on the city of Brookings website (www.cityofbrookings.org). City Council Packet April 7, 2009 32 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. 8. Ordinance No. 10-09 - An Ordinance Requiring Sanitary Conditions For Animal Dwellings In The City Of Brookings, South Dakota. Public Hearing – April 28, 2009 Proposed Ordinance No. 10-09, is response a Brookings Police Department request to enact an ordinance for sanitary conditions for Animal Control. Brookings Animal Control Officers are called to a number of complaints regarding things other than the animals themselves. Some of these are complaints about the area/space where the animal(s) are kept. When these areas are offensive in nature due to odor or unsightly appearance, it becomes a problem. Especially for those that live in close proximity to the offensive area. It is not just the existence of an offensive odor. It must also be considered that the public’s health could be at risk from an undue buildup of fecal matter or other contaminating materials. Also, for the health and safety of the animals themselves, these areas must be kept clean. In the event that the owner of the property is not being diligent in keeping these areas clean, the Animal Control Officer needs the authority to deal with these situations. A complaint can be from a neighbor, a passerby, the Animal Control Officer, or anyone that has a reasonable right to be in the vicinity, and is offended. City Council Packet April 7, 2009 33 Ordinance No. 10-09 An Ordinance Requiring Sanitary Conditions For Animal Dwellings In The City Of Brookings, South Dakota. Be It Ordained And Enacted By The Council Of The City Of Brookings, State Of South Dakota, As Follows: I. Sec. 14-128. Sanitary Conditions Required. No person shall keep or maintain any building, enclosure, yard or kennel area where animals are kept unless it is kept at all times in a clean and sanitary condition and not permitted to become stagnant, noxious or a nuisance. Failure to clean up unsanitary conditions after inspection and verbal or written notice by an animal control officer shall constitute a violation of this ordinance. II. All ordinances in conflict herewith are hereby repealed. FIRST READING: ______________________________________________ SECOND READING AND ADOPTION: ____________________________ PUBLISHED: __________________________________________________ CITY OF BROOKINGS, SOUTH DAKOTA Scott D. Munsterman, Mayor ATTEST: Shari L. Thornes, City Clerk City Council Packet April 7, 2009 34 Second Readings & Public Hearings: 9. TABLED - Ordinance No. 05-09: An ordinance regulating ultimate fighting contests in the City of Brookings, South Dakota. The enclosed ordinance to regulate ultimate fighting events has been revised since the Council’s March 24th review. Revisions were made by the City Attorney to incorporate applicable North Dakota Athletic Commission Rules and to increase health insurance coverage for participants from $2500 per participant to $10,000. ACTION: MOTION TO REMOVE FROM TABLE – ROLL CALL Public Comment, Roll Call City Council Packet April 7, 2009 35 ORDINANCE NO. 05-09 (revised 3/31/09) AN ORDINANCE REGULATING MIXED MARTIAL ARTS (MIXED FIGHTING STYLE) CONTESTS IN THE CITY OF BROOKINGS, SOUTH DAKOTA. BE IT ORDAINED AND ENACTED BY THE COUNCIL OF THE CITY OF BROOKINGS, STATE OF SOUTH DAKOTA, AS FOLLOWS: I. CHAPTER 10, ARTICLE III. MIXED MARTIAL ARTS (MIXED FIGHTING STYLE) CONTESTS Section 10-1. Purpose of Regulation WHEREAS contests advertised as ultimate fighting, extreme fighting, no holds barred fighting, full contact fighting, cage fighting, mixed martial arts contests, mixed fighting style competitions, ground or pound challenges, or tough man contests pose a substantial risk to the health of their participants unless such activities are controlled so that the activities conform to an explicit set of rules; and WHEREAS such fighting contests pose a substantial risk to the participant’s health and safety unless the contestants are equally matched in accordance to size, experience and proficiency; and WHEREAS South Dakota law authorizes municipalities to adopt ordinances to protect the health, welfare and safety of its residents and recent State legislation does not prohibit ordinances which regulate mixed martial arts competitions. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Brookings, South Dakota, that: Section 10-2. Prohibition/Permit Required/Required Insurance Coverage A. No person or other entity shall publicize or promote a mixed martial arts or ultimate fighting match to be conducted in the City of Brookings, South Dakota if the match has not been issued a permit by the City of Brookings. B. No person or other entity shall conduct or engage in a mixed martial arts or an ultimate fighting match or contest within the corporate boundaries of the City of Brookings, South Dakota, unless such match has been permitted by the City of Brookings. C. No ultimate fighting match or contest may be conducted within the corporate boundaries of the City of Brookings even if permitted unless the promoter provides Ten Thousand Dollar ($10,000) short-term medical insurance coverage for injuries to participants, approved by the City Manager prior to an event involving martial arts City Council Packet April 7, 2009 36 fighters. The promoter shall be responsible for payment of any deductible under said policy. In addition, the promoter shall furnish a general liability policy and excess umbrella insurance coverage totaling a minimum amount of One Million Dollars ($1,000,000) per occurrence. D. All participants shall be at least eighteen (18) years of age and provide proof of their age to the promoter and shall be notified by the promoter of the risks and shall be required to sign a liability waiver in a form acceptable to the City which provides that the participant understands and assumes all risks, and agrees that the City shall not be liable for any damage or liability of any kind resulting from the participant’s participation in the event, match or contest. Section 10-3. Permit A. Any person or other entity intending to conduct a mixed martial arts event, match or contest as defined in this ordinance must secure a permit at least ten (10) days prior to the event, match or contest. B. The person or entity seeking a permit to conduct a mixed martial arts, match or contest as defined in this ordinance must file an application with the Brookings City Clerk or such other person or department as the City Manager may designate from time to time. C. The following items must be submitted with the application: 1. The name and address of the person or persons or entity owning the facility in which the event, match or contest will be held. 2. The name and address of the person or persons promoting the event, match or contest. 3. Payment of the permit fee in the amount of One Hundred Fifty Dollars ($150). 4. A certification of insurance showing coverage for injuries to participants in an amount of at least Ten Thousand Dollars ($10,000) per incident (Short-term Medical Insurance). 5. A certification of insurance showing the promoter or venue has a general liability insurance policy and/or umbrella liability policy totaling a minimum amount of One Million Dollars ($1,000,000) per occurrence, and the applicant’s insurance shall name the city as an additional named insured. 6. The name and address of the official or officials (referees) that will officiate the event, match or contest together with a copy of the official’s current license or certification 7. The weight classes applicable to the event, match or contest and a description of the method and criteria to be used to match contestants so that contestants of substantially unequal skill or experience will not compete against each other. 8. A description of the security to be employed at the event, match or contest. 9. The presence of the highest level of emergency medical personnel available in the city. At a minimum, this staff must include a licensed EMT and ambulance on site. City Council Packet April 7, 2009 37 10. A copy of the rules to be enforced, which shall be established by a nationally recognized organization which issued by a sanctioning body. engages in sanctioning matches or contests either nationally or regionally. The rules shall provide safety standards which are equivalent to the safety requirements provided in this ordinance and the protections to be established by the South Dakota Boxing Commission or certain of the Athletic Commission Rules established by the State of North Dakota and appended hereto. If the safety standards set forth in the Appendix to this ordinance are more stringent than the rules set forth above, the more stringent provision shall apply. Section 10-4. Required Rules Any event, match or contest must be conducted in accordance with all rules established by this ordinance and by a nationally recognized organization which engages in sanctioning matches or contests either nationally or regionally. The rules shall provide safety standards which are equivalent to the safety protections provided in this ordinance and the protections provided in the Mixed Martial Arts Rules of the State of North Dakota appended hereto. Any event, match or contest shall also be conducted in accordance with a set of rules and regulations that must also include the following: A. A prohibition that makes the following acts illegal: 1. A fighter may not strike their opponent with the heel of their palm to the mask of the face. 2. A fighter may not strike their opponent with downward or spiking elbows. 3. A fighter may not kick their opponent’s head once the opponent’s knee touches the ring floor or the opponent is using one of their hands or arms on the mat for support. 4. A fighter may not spike an opponent’s head. 5. A fighter may not use a single hand or fingertip throat choke. 6. A fighter may not use a single digit lock to the fingers or toes. B. A requirement that participants wear the following clothing or equipment: 1. A protective groin cup during all matches (males only). 2. A mouth piece. 3. Mixed martial arts style gloves of at least five (5) ounces. C. A prohibition that participants may not wear apparel or equipment which includes metallic and/or hard plastic and/or any edge or surface which could cause injury to the fighters. D. A prohibition that a participant may not participate in another event, match or contest within three (3) days of participating in the permitted event, match or contest. In the following circumstances additional time must expire before the participant may compete: City Council Packet April 7, 2009 38 1. If a fighter was defeated by a Knock Out or TKO there must be a minimum of seven (7) days between the permitted event, match or contest and the prior event, match or contest. 2. If a fighter was knocked or choked unconscious there must be a minimum of thirty (30) days between the permitted event, match or contest and the event, match or contest in which the participant was rendered unconscious. In addition, participants must present a clearance to participate issued by a licensed physician. The physician must be licensed in South Dakota or the state in which the participant resides. 3. If a fighter broke a bone in an event, match or contest there must be a minimum of thirty (30) days between the permitted event, match or contest and the event, match or contest in which the participant broke the bone. In addition, participants must present a clearance to participate issued by a licensed physician. The physician must be licensed in South Dakota or the state in which the participant resides. E. A prohibition that amateur fighters may not compete with professional fighters. A professional fighter is defined as an athlete who has been paid for his/her performance an any event, match or contest that meets the definition of ultimate fighting. Once a participant has been paid for an ultimate fight of any kind the participant cannot be considered an amateur for any type of ultimate fight. F. A requirement that a match or contest will be immediately stopped under any of the following circumstances: 1. The referee/official determines that a participant is taking excessive punishment creating substantial risk of severe injury or any other reason the referee/official believes requires the match or contest be stopped to protect the participants’ safety. 2. If a licensed physician determines that a participant should not continue due to a cut or other injury. 3. The participant “taps out” which is construed as tapping the mat three (3) or more times to indicate his/her desire to end the match or contest. The participant must also be able to terminate the match or contest by verbally indicating that he/she quits or gives up. 4. If a participant’s corner feels the participant should not continue and so indicates by throwing a towel into the ring or by other means indicates that the match or contest should end. G. No match or contest shall be more than fifteen (15) minutes in duration and no round shall be more than five (5) minutes in duration. H. No participants shall be paired with an opponent with more than a fifteen percent (15%) deviation in body weight except that participants weighing more than two hundred (200) pounds may be matched against an opponent that weighs no more than twenty-five percent (25%) more or less than the participant. City Council Packet April 7, 2009 39 I. The following contests or events are prohibited: 1. Matches containing both amateur and professional contests on the same card. 2. Matches in which more than two participants appear in the ring or fenced area at the same time. 3. Matches in which members of the opposite sex are competing against each other. 4. Any barroom type brawls, “so you think you’re tough” type contests, roughneck type matches, or matches of similar character or nature if any participant receives remuneration directly or indirectly, whether or not a participant has prior organized amateur or professional training. 5. Matches in which there are no gloves used by the participants. Section 10-5. Official/Referee/Rules The official/referee for any event, match or contest shall be certified or licensed by a national sanctioning body or a regional sanctioning body, such as a State Athletic Commission or a nationally recognized organization which engages in sanctioning mixed martial arts matches and contests. The official/referee for any event, match or contest shall follow the rules established by a national sanctioning body or a regional sanctioning body and the safety standards contained herein and appended hereto. Section 10-6. Definitions 1. “Contest” means a contest of mixing fighting style. 2. “Exhibition” means an exhibition of mixed fighting style where a decision is not rendered. 3. “Fish-hooking” means the action of hooking (grasping) and pulling the inside of a participant’s eyes, nose, ear, or mouth. 4. “Gong” means the bell, horn, or buzzer that has a clear tone loud enough for the contestants and referee to hear. 5. “Grounded” means when a participant’s torso or any three points of the participant’s body contact the floor. 6. “Match” means any contest or exhibition, in which participants intend to and actually in inflict punches, blows, or employ other techniques to temporarily incapacitate an opponent in a match, regardless of whether the object of the participants is to win or display their skills without striving to win. 7. “Mixed fighting style competition” means an advertised or professionally promoted exhibition or contest for which any type of admission fee is charged and in which participants inflict or employ kicks, punches, blows, holds, and other techniques to injure, stun, choke, incapacitate, or disable an opponent. The techniques include a combination of boxing, kickboxing, wrestling, grappling, or other recognized martial arts. City Council Packet April 7, 2009 40 8. “Participant” means a participant in a match who receives remuneration directly or indirectly as consideration for the participant’s performance. 9. “Promoter” means any person, club, corporation, or association, and in the case of a corporate promoter, includes any of officer, director, employee, or stockholder thereof, who produces, arranges, or stages any professional mixed fighting style contests or exhibitions. 10. “Sanctioning Body". A sanctioning body is any nationally recognized organization which engages in sanctioning mixed martial arts matches or contests either nationally or regionally. The Mixed Martial Arts Rules adopted by the North Dakota Athletic Commission and appended hereto shall constitute the minimum protections applicable to mixed martial arts matches or contests in Brookings. The sanctioning body must have adopted a set of rules governing the manner in which the matches or contests will be conducted which include safety standards which are the equivalent of or more stringent than the safety standards contained herein and appended hereto. 11. “Serious Bodily Injury”. An injury that creates a substantial risk of death or substantial risk of serious permanent disfigurement, unconsciousness, extreme pain, or permanent or protracted loss of the function of a bodily member or organ. 12. “Stalling or faking” means that one or neither opponent is trying to better that person’s position. 13. “Tap out” means the physical act of tapping the opponent, the mat, or one’s self to signal one’s submission. When unable to physically tap out, a submission can be vocal. Section 10-7. Severability The invalidity of any portion of this ordinance shall not affect the validity of the remaining portion of the ordinance, which shall remain in full force and effect. Section 10-8. 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 also revoke the permit if it is found that: 1. 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; 2. The contestants are violating the law or permit conditions; or 3. Other emergency conditions require the event to be terminated to protect public safety. City Council Packet April 7, 2009 41 Section 10-9. Penalty Any person or other entity who violates this ordinance may be fined up to Two Hundred Dollars ($200) for each violation. Each match or contest conducted in violation of this ordinance constitutes a separate offense. II. All ordinances in conflict herewith are hereby repealed. FIRST READING: ______________________________________________ SECOND READING AND ADOPTION: ____________________________ PUBLISHED: __________________________________________________ CITY OF BROOKINGS, SOUTH DAKOTA ATTEST: Scott D. Munsterman, Mayor Shari L. Thornes, City Clerk City Council Packet April 7, 2009 42 APPENDIX APPLICABLE “NORTH DAKOTA ATHLETIC COMMISSION” RULES Weight classes -Weigh-in and weight differences. The classes for participants competing in mixed fighting style contest or exhibition are shown in the following schedule: a. Flyweight up to 125 pounds b. Bantamweight over 125 to 135 pounds c Featherweight over 135 to 145 pounds d. Lightweight over 145 to 155 pounds e. Welterweight over 155 to 170 pounds f. Middleweight over 170 to 185 pounds g. Light heavyweight over 185 to 205 pounds h. Heavyweight over 205 to 265 pounds i. Super heavyweight all over 265 pounds Rounds; Number; Length; Rest Period. A round of mixed fighting style in a contest or exhibition of mixed fighting style competition must be five minutes in duration. A period of rest following a round of mixed fighting style in a contest or exhibition of mixed fighting style competition must be one minute in duration. Gloves. For each contest or exhibition of mixed fighting style, the participant must wear gloves that weigh not less than four ounces and not more than eight ounces. Fouls. The following acts constitute a foul: a. Butting with the head. b. Eye gouging of any kind. c. Biting. d. Hair pulling. e. Fish-hooking. f. Groin attacks of any kind g. Putting a finger into any orifice or into any cut or laceration on an opponent. h. Small joint manipulation. i. Striking to the spine or the back of the head. The back of the head is defined as the area behind each ear from the top of the head to the base of the neck. The spine is defined as the area from two inches to the left of the backbone to two inches to the right of the backbone. j. Striking downward using the point of the elbow. City Council Packet April 7, 2009 43 k. Throat strikes of any kind, including, without limitation, grabbing the trachea. l. Clawing, pinching, or twisting the flesh. m. Grabbing the clavicle. n. Kicking the head of a grounded opponent. o. Kneeing the head of a grounded opponent. p. Stomping a grounded opponent. q. Kicking to the kidney with the heel. r. Spiking an opponent to the canvas on the opponent’s head or neck. s. Throwing an opponent out of the ring or fenced area. t. Holding the shorts or gloves of an opponent. u. Spitting at or on an opponent. v. Engaging in any unsportsmanlike conduct that causes an injury to an opponent. w. Holding the ropes or the fence. x. Using abusive language in the ring or fenced area. y. Attacking an opponent on or during the break. z. Attacking an opponent who is under the care of the referee. aa. Attacking an opponent after the bell has sounded the end of the period of mixed fighting style competition. bb. Flagrantly disregarding the instructions of the referee. cc. Timidity, including, without limitation, avoiding contact with an opponent, intentionally or consistently dropping the mouthpiece or faking an injury. dd. Interference by the corner. City Council Packet April 7, 2009 44 Second Readings/Public Hearings: 10. Ordinance No. 06-09: Budget Amendment, An ordinance Entitled “An Ordinance Authorizing A Supplemental Appropriation To The 2009 Budget For The Purpose Of Providing For Additional Funds For The Operation Of The City. Budget Amendment #1 in 2009 is requesting the Council to allow the departments to expend 2008 expenditures in 2009. The breakdown is as follows: Department Description Amount City Clerk Laser fiche Training $6,500 Gen Gov Buildings Replace door panels FD $5,000 Fire Department Structure Gear $8,865 Fire Department Emitter’s $9,983 Parks Hillcrest Playground Eqp $45,000 Total General Fund $75,348 Swiftel Center 08 Capital $33,970 Industrial Park 08 Paving $111,530 Special Assessment 08 15th Street S $160,000 Total Special Revenue Funds $305,500 Streetscape 08 Capital Project $1,207,759 Total Capital Projects $1,207,759 We are recommending adjusting other line item revenues and expenditures which could not have been reasonably anticipated at the time of making the annual appropriation ordinance. These entries balance and do not create additional revenue or expense. Included is the remodeling at the Library for the coffee shop in the amount of $80,000 which will be paid for by a transfer into the general fund from the special revenue fund, library donations. This budget ordinance includes the capital project for the Innovation Campus. We are recognizing the expenditures for the storm drainage, sewer, water and streets. The loan of $2,462,500 from the general fund and public improvement fund will be prepared by resolution. The DENR loan proceeds are included within this budget ordinance in the amount of $1,368,360. Within the Enterprise funds there are three major capital purchases. • The Airport is purchasing a snow plow as theirs cannot be reasonably repaired. • The Solid Waste Collection is purchasing an automated garbage truck. • The Edgebrook Golf Course is proposing purchasing five mowers and a heavy duty utility vehicle on a lease program. The Research and Technology Center had budgeted for some capital improvements in 2009 however since we are losing our renter, T J Technologies in June we are recommending not proceeding with the project. We are requesting the funds for City Council Packet April 7, 2009 45 repairing the sprinkler system. We did receive an insurance payment for half of the cost in 2008. Also included in the budget amendment is a reduction of work comp premiums of $45,026 and liability insurance of $25,631. We are lowering those lines and raising the contingency $46,144 within the general fund. Total reduction of expenditures including the general fund, special revenue funds, and enterprise funds is $70,657. Action: Motion to Approve, request public comment, roll call City Manager Recommendation - Approve City Council Packet April 7, 2009 46 ORDINANCE NO. 06-09 An Ordinance Entitled “An Ordinance Authorizing A Supplemental Appropriation To The 2009 Budget For The Purpose Of Providing For Additional Funds For The Operation Of The City. BE IT ORDAINED BY THE CITY OF BROOKINGS, SOUTH DAKOTA: WHEREAS, there are 2008 funds not expended in the amount of $75,348 within the general fund, capital in the amount of $305,500 within the special revenue funds, and the Streetscape project in the amount of $1,207,759, AND WHEREAS, there is a need to complete several capital projects in 2009, AND WHEREAS, the Airport needs a snow plow and Solid Waste Collections needs an automated truck, AND WHEREAS, the Edgebrook Golf Course will be purchasing new mowers on a lease program, AND WHEREAS, there is a need to adjust the budget to respond to the actual revenues and expenditures in fiscal year 2009, AND WHEREAS THE CITY CHARTER allows that “if during the fiscal year the City Manager certifies that there are available for appropriation revenues in excess of those estimated in the budget, the City Council by ordinance may make supplemental appropriations for the year up to the amount of such excess”. This Ordinance is declared to be for the support of the municipal government and its existing public institutions and it shall be in full force and effect after its passage and publication. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL that the City Manager be authorized to make the following budget adjustments to the 2009 budget: Budget Amendment #1A Revenue Expense Policy and Adm-City Council, City Clerk, City Manager (2,751) Financial Adm-Finance, Human Resource (1,832) Other-Non-Dept, Gen Gov Buildings, IT 40,554 47,549 Public Safety-Police, Fire, Animal Control (25,064) Public Works-Engineer, Street 3,506 Culture-Park, Recreation, Forestry & Library 170,640 294,068 Community Development 120,500 91,566 Total General Government 331,694 407,042 City Council Packet April 7, 2009 47 Public Improvement 33,970 E-911 (6,963) Swiftel Center 33,970 Library Donations 80,000 Industrial Park 111,530 Special Assessment 465,000 535,000 Storm Drainage (1,324) Total Special Revenue 465,000 786,183 Streetscape 50,000 1,207,759 TIF#1 Innovation Campus 1,368,360 3,830,860 Total Capital Projects 1,418,360 5,038,619 Liquor Fund (4,373) Airport Fund 171,324 Edgebrook Golf Course 170,907 Solid Waste Collections 176,825 Landfill (7,637) Research & Technology Center (14,000) (21,965) Total Enterprise Funds (14,000) 485,081 Motor Pool (154) Total Internal Service Funds (154) ALL ORDINANCES or parts of Ordinances in conflict herewith are hereby repealed. FIRST READING: March 24, 2009 SECOND READING: April 7, 2009 PUBLISHED: April 10, 2009 CITY OF BROOKINGS _________________________ Scott D. Munsterman, Mayor ATTEST ____________________________ Shari Thornes, City Clerk City of BrookingsGeneral LedgerPrinted: 03/23/200910:43User: rthompsonBudget Adjustment Proof ListFiscal Year: 2009Account NumberDescriptionOriginal BudgetNew BudgetAdjustment DescriptionFund: 101General GovernmentDept: 401Mayor & CouncilEXPENSE101-401-5-130-00Workmans Compensation118.00103.00Actual Worker Comp Premium Amend #1101-401-5-421-00Insurance880.00992.00Actual Insurance Premium Budget Amend #1EXPENSE Total:998.001,095.00REVENUE Total0.000.00EXPENSE Total998.001,095.00Mayor & Council Total-998.00-1,095.00Dept: 403City ClerkEXPENSE101-403-5-130-00Workmans Compensation480.00367.00Actual Work Comp Premium Budget Amend #1101-403-5-421-00Insurance377.00385.00Actual Insurance Premium Budget Amend#1EXPENSE Total:857.00752.00REVENUE Total0.000.00EXPENSE Total857.00752.00City Clerk Total-857.00-752.00Dept: 405Non-DepartmentalEXPENSE101-405-5-856-99Contingency Fund40,000.0046,144.00Actual Work Comp & Insurance Premiums AdjustmentBudget Amend #1EXPENSE Total:40,000.0046,144.00REVENUE Total0.000.00EXPENSE Total40,000.0046,144.00Non-Departmental Total-40,000.00-46,144.00Dept: 406City ManagerEXPENSE101-406-5-130-00Workmans Compensation378.00324.00Actual Work Comp Premium Budget Amend#1101-406-5-421-00Insurance126.00128.00Actual Insurance Premium Budget Amend #1EXPENSE Total:504.00452.00REVENUE Total0.000.00EXPENSE Total504.00452.00City Manager Total-504.00-452.00Dept: 414Human ResourcesEXPENSE101-414-5-130-00Workmans Compensation396.00310.00Actual Work Comp Premium Budget Amend#1Page 1 City of BrookingsGeneral LedgerPrinted: 03/23/200910:43User: rthompsonBudget Adjustment Proof ListFiscal Year: 2009Account NumberDescriptionOriginal BudgetNew BudgetAdjustment Description101-414-5-421-00Insurance252.00257.00Actual Insurance Premium Budget Amend#1EXPENSE Total:648.00567.00REVENUE Total0.000.00EXPENSE Total648.00567.00Human Resources Total-648.00-567.00Dept: 415FinanceEXPENSE101-415-5-130-00Workmans Compensation672.00594.00Actual Work Comp Premium Budget Amend #1101-415-5-421-00Insurance558.00513.00Actual Insurance Premium Budget Amend#1EXPENSE Total:1,230.001,107.00REVENUE Total0.000.00EXPENSE Total1,230.001,107.00Finance Total-1,230.00-1,107.00Dept: 416Information TechnologyEXPENSE101-416-5-130-00Workmans Compensation192.00147.00Actual Work Comp Premium Budget Amend #1101-416-5-421-00Insurance126.00128.00Actual Insurance Premium Budget Amend #1EXPENSE Total:318.00275.00REVENUE Total0.000.00EXPENSE Total318.00275.00Information Technology Total-318.00-275.00Dept: 417Government BuildingsEXPENSE101-417-5-421-00Insurance10,370.006,969.00Actual Insurance Premium Budget Amend #1EXPENSE Total:10,370.006,969.00REVENUE Total0.000.00EXPENSE Total10,370.006,969.00Government Buildings Total-10,370.00-6,969.00Dept: 418Community DevelopmentEXPENSE101-418-5-130-00Workmans Compensation2,280.001,784.00Actual Work Comp Premium Budget Amend#1101-418-5-421-00Insurance1,424.00730.00Actual Insurance Premium Budget Amend #1EXPENSE Total:3,704.002,514.00Page 2 City of BrookingsGeneral LedgerPrinted: 03/23/200910:43User: rthompsonBudget Adjustment Proof ListFiscal Year: 2009Account NumberDescriptionOriginal BudgetNew BudgetAdjustment DescriptionREVENUE Total0.000.00EXPENSE Total3,704.002,514.00Community Development Total-3,704.00-2,514.00Dept: 419EngineeringEXPENSE101-419-5-130-00Workmans Compensation3,931.002,938.00Actual Work Comp Premium Budget Amend #1101-419-5-421-00Insurance6,196.006,701.00Actual Insurance Premium Budget Amend#1EXPENSE Total:10,127.009,639.00REVENUE Total0.000.00EXPENSE Total10,127.009,639.00Engineering Total-10,127.00-9,639.00Dept: 421Police ServicesEXPENSE101-421-5-130-00Workmans Compensation49,602.0038,600.00Actual Work Comp Premium Budget Amend#1101-421-5-421-00Insurance23,387.0019,297.00Actual Insurance Premium Budget Amend#1EXPENSE Total:72,989.0057,897.00REVENUE Total0.000.00EXPENSE Total72,989.0057,897.00Police Services Total-72,989.00-57,897.00Dept: 422Fire Protection ServicesEXPENSE101-422-5-130-00Workmans Compensation11,240.008,696.00Actual Work Comp Premium Budget Amend#1101-422-5-421-00Insurance23,598.0020,826.00Actual Insurance Premium Budget Amend#1EXPENSE Total:34,838.0029,522.00REVENUE Total0.000.00EXPENSE Total34,838.0029,522.00Fire Protection Services Total-34,838.00-29,522.00Dept: 428Traffic SafetyEXPENSE101-428-5-130-00Workmans Compensation690.00474.00Actual Work Comp Premium Budget Amend#1EXPENSE Total:690.00474.00REVENUE Total0.000.00EXPENSE Total690.00474.00Traffic Safety Total-690.00-474.00Page 3 City of BrookingsGeneral LedgerPrinted: 03/23/200910:43User: rthompsonBudget Adjustment Proof ListFiscal Year: 2009Account NumberDescriptionOriginal BudgetNew BudgetAdjustment DescriptionDept: 431StreetEXPENSE101-431-5-130-00Workmans Compensation31,554.0027,392.00Actual Work Comp Premium Budget Amend #1101-431-5-421-00Insurance35,811.0032,595.00Actual Insurance Premium Budget Amend#1EXPENSE Total:67,365.0059,987.00REVENUE Total0.000.00EXPENSE Total67,365.0059,987.00Street Total-67,365.00-59,987.00Dept: 442Animal ControlEXPENSE101-442-5-130-00Workmans Compensation1,239.00897.00Actual Work Comp Premium Budget Amend#1101-442-5-421-00Insurance612.00455.00Actual Insurance Premium Budget Amend#1EXPENSE Total:1,851.001,352.00REVENUE Total0.000.00EXPENSE Total1,851.001,352.00Animal Control Total-1,851.00-1,352.00Dept: 451RecreationEXPENSE101-451-5-130-00Workmans Compensation22,350.0019,617.00Actual Work Comp Premium Budget Amend#1101-451-5-421-00Insurance13,115.0011,215.00Actual Insurance Premium Budget Amend#1EXPENSE Total:35,465.0030,832.00REVENUE Total0.000.00EXPENSE Total35,465.0030,832.00Recreation Total-35,465.00-30,832.00Dept: 452ParksEXPENSE101-452-5-130-00Workmans Compensation19,806.0016,602.00Actual Work Comp Premium, Budget Amend #1101-452-5-421-00Insurance25,796.0026,538.00Actual Insurance Premium Budget Amend#1EXPENSE Total:45,602.0043,140.00REVENUE Total0.000.00EXPENSE Total45,602.0043,140.00Parks Total-45,602.00-43,140.00Dept: 454ForestryEXPENSE101-454-5-130-00Workmans Compensation8,952.005,787.00Actual Work Comp Premium Budget Amend#1101-454-5-421-00Insurance4,301.004,059.00Actual Insurance Premium Budget Amend#1Page 4 City of BrookingsGeneral LedgerPrinted: 03/23/200910:43User: rthompsonBudget Adjustment Proof ListFiscal Year: 2009Account NumberDescriptionOriginal BudgetNew BudgetAdjustment DescriptionEXPENSE Total:13,253.009,846.00REVENUE Total0.000.00EXPENSE Total13,253.009,846.00Forestry Total-13,253.00-9,846.00Dept: 455LibraryEXPENSE101-455-5-130-00Workmans Compensation1,589.001,302.00Actual Work Comp Premium Budget Amend#1101-455-5-421-00Insurance8,612.007,144.00Actual Insurance Premium Budget Amend#1EXPENSE Total:10,201.008,446.00REVENUE Total0.000.00EXPENSE Total10,201.008,446.00Library Total-10,201.00-8,446.00REVENUE Total0.000.00EXPENSE Total351,010.00311,010.00General Government Total-351,010.00-311,010.00Fund: 214E911Dept: 000GeneralEXPENSE214-000-5-130-00Workmans Compensation918.00723.00Actual Work Comp Premium Budget Amend#1EXPENSE Total:918.00723.00REVENUE Total0.000.00EXPENSE Total918.00723.00General Total-918.00-723.00REVENUE Total0.000.00EXPENSE Total918.00723.00E911 Total-918.00-723.00Fund: 282Storm DrainageDept: 000GeneralEXPENSE282-000-5-130-00Workmans Compensation2,478.001,626.00Actual Work Comp Premium Budget Amend#1EXPENSE Total:2,478.001,626.00Page 5 City of BrookingsGeneral LedgerPrinted: 03/23/200910:43User: rthompsonBudget Adjustment Proof ListFiscal Year: 2009Account NumberDescriptionOriginal BudgetNew BudgetAdjustment DescriptionREVENUE Total0.000.00EXPENSE Total2,478.001,626.00General Total-2,478.00-1,626.00REVENUE Total0.000.00EXPENSE Total2,478.001,626.00Storm Drainage Total-2,478.00-1,626.00Fund: 601LiquorDept: 000GeneralEXPENSE601-000-5-130-00Workmans Compensation3,769.002,874.00Actual Work Comp Premium Budget Amend#1601-000-5-421-00Insurance5,665.005,088.00Actual Insurance Premium Budget Amend#1EXPENSE Total:9,434.007,962.00REVENUE Total0.000.00EXPENSE Total9,434.007,962.00General Total-9,434.00-7,962.00REVENUE Total0.000.00EXPENSE Total9,434.007,962.00Liquor Total-9,434.00-7,962.00Fund: 606AirportDept: 000GeneralEXPENSE606-000-5-130-00Workmans Compensation3,294.002,750.00Actual Work Comp Premium Budget Amend#1606-000-5-421-00Insurance10,996.009,728.00Actual Insurance Premium Budget Amend #1EXPENSE Total:14,290.0012,478.00REVENUE Total0.000.00EXPENSE Total14,290.0012,478.00General Total-14,290.00-12,478.00REVENUE Total0.000.00EXPENSE Total14,290.0012,478.00Airport Total-14,290.00-12,478.00Fund: 607Edgebrook Golf CourseDept: 000(No Description)EXPENSE607-000-5-130-00Workmans Compensation6,054.003,623.00Actual Work Comp Premium Budget Amend#1607-000-5-421-00Insurance4,206.00638.00Actual Insurance Premium Budget Amend#1Page 6 City of BrookingsGeneral LedgerPrinted: 03/23/200910:43User: rthompsonBudget Adjustment Proof ListFiscal Year: 2009Account NumberDescriptionOriginal BudgetNew BudgetAdjustment DescriptionEXPENSE Total:10,260.004,261.00REVENUE Total0.000.00EXPENSE Total10,260.004,261.00(No Description) Total-10,260.00-4,261.00REVENUE Total0.000.00EXPENSE Total10,260.004,261.00Edgebrook Golf Course Total-10,260.00-4,261.00Fund: 612Solid Waste CollectionDept: 000GeneralEXPENSE612-000-5-130-00Workmans Compensation19,788.0014,092.00Actual Work Comp Premium Budget Amend#1612-000-5-421-00Insurance16,078.0013,366.00Actual Insurance Premium Budget Amend #1EXPENSE Total:35,866.0027,458.00REVENUE Total0.000.00EXPENSE Total35,866.0027,458.00General Total-35,866.00-27,458.00REVENUE Total0.000.00EXPENSE Total35,866.0027,458.00Solid Waste Collection Total-35,866.00-27,458.00Fund: 625LandfillDept: 000GeneralEXPENSE625-000-5-130-00Workmans Compensation15,585.0010,707.00Actual Work Comp Premium Budget Amend#1625-000-5-421-00Insurance7,346.006,768.00Actual Insurance Premium Budget Amend #1EXPENSE Total:22,931.0017,475.00REVENUE Total0.000.00EXPENSE Total22,931.0017,475.00General Total-22,931.00-17,475.00REVENUE Total0.000.00EXPENSE Total22,931.0017,475.00Landfill Total-22,931.00-17,475.00Page 7 City of BrookingsGeneral LedgerPrinted: 03/23/200910:43User: rthompsonBudget Adjustment Proof ListFiscal Year: 2009Account NumberDescriptionOriginal BudgetNew BudgetAdjustment DescriptionFund: 630Research & Tech CenterDept: 000GeneralEXPENSE630-000-5-421-00Insurance2,571.002,406.00Actual Insurance Premium Budget Amend #1EXPENSE Total:2,571.002,406.00REVENUE Total0.000.00EXPENSE Total2,571.002,406.00General Total-2,571.00-2,406.00REVENUE Total0.000.00EXPENSE Total2,571.002,406.00Research & Tech Center Total-2,571.00-2,406.00Fund: 800Motor PoolDept: 000GeneralEXPENSE800-000-5-421-00Insurance397.00243.00Actual Insurance Premium Budget Amend #1EXPENSE Total:397.00243.00REVENUE Total0.000.00EXPENSE Total397.00243.00General Total-397.00-243.00REVENUE Total0.000.00EXPENSE Total397.00243.00Motor Pool Total-397.00-243.00REVENUE Total0.000.00EXPENSE Total450,155.00385,642.00Grand Total-450,155.00-385,642.00Page 8 City Council Packet April 7, 2009 56 Second Readings/Public Hearings: 11. Ordinance No. 07-09: Hospital Board Ex-Officios, An ordinance amending section 42-94 of the code of ordinances of the city of Brookings, South Dakota and pertaining to the designation of a council member to attend meetings of the hospital board of trustees in the city of Brookings, South Dakota. Pursuant to Council action taken on March 10th, city staff and the city attorney have prepared the enclosed Ordinance that would allow the Council to appoint Council members as ex-officio members of the Brookings Hospital Board of Trustees. Action: Motion to Approve, request public comment, roll call City Council Packet April 7, 2009 57 ORDINANCE NO. 07-09 AN ORDINANCE AMENDING SECTION 42-94 OF THE CODE OF ORDINANCES OF THE CITY OF BROOKINGS, SOUTH DAKOTA AND PERTAINING TO THE DESIGNATION OF A COUNCIL MEMBER TO ATTEND MEETINGS OF THE HOSPITAL BOARD OF TRUSTEES IN THE CITY OF BROOKINGS, SOUTH DAKOTA. BE IT ORDAINED AND ENACTED BY THE COUNCIL OF THE CITY OF BROOKINGS, STATE OF SOUTH DAKOTA, AS FOLLOWS: I. Sec. 42-94. Council member to attend meetings. One of the members of the city council shall be designated by the mayor, with the advice and consent of the city council, to attend the meetings of the Hospital Board of Trustees so that the council may at all times be fully advised of the proceedings of the Hospital Board. The city council member so designated shall not be counted for purposes of determination of a quorum and shall not be entitled to vote or take any official action on matters before the Hospital Board. II. Any or all ordinances in conflict herewith are hereby repealed. FIRST READING: SECOND READING: PUBLISHED: CITY OF BROOKINGS, SOUTH DAKOTA Scott D. Munsterman, Mayor ATTEST: Shari L. Thornes, City Clerk City Council Packet April 7, 2009 58 Second Readings/Public Hearings: 12. Ordinance No. 08-09: Utility Board Ex-Officios, An ordinance amending section 86-43 of the code of ordinances of the city of Brookings, South Dakota and pertaining to the designation of a council member to attend meetings of the utility board in the city of Brookings, South Dakota. Pursuant to Council action taken on March 10th, city staff and the city attorney have prepared the enclosed Ordinance that would allow the Council to appoint Council members as ex-officio members of the Brookings Utility Board. Action: Motion to Approve, request public comment, roll call City Council Packet April 7, 2009 59 ORDINANCE NO. 08-09 AN ORDINANCE AMENDING SECTION 86-43 OF THE CODE OF ORDINANCES OF THE CITY OF BROOKINGS, SOUTH DAKOTA AND PERTAINING TO THE DESIGNATION OF A COUNCIL MEMBER TO ATTEND MEETINGS OF THE UTILITY BOARD IN THE CITY OF BROOKINGS, SOUTH DAKOTA. BE IT ORDAINED AND ENACTED BY THE COUNCIL OF THE CITY OF BROOKINGS, STATE OF SOUTH DAKOTA, AS FOLLOWS: I. Sec. 86-43. Council member to attend meetings. One of the members of the city council shall be designated by the mayor, with the advice and consent of the city council, to attend the meetings of the utility board so that the council may at all times be fully advised of the proceedings of the utility board. The city council member so designated shall not be counted for purposes of determination of a quorum and shall not be entitled to vote or take any official action on matters before the utility board. II. Any or all ordinances in conflict herewith are hereby repealed. FIRST READING: SECOND READING: PUBLISHED: CITY OF BROOKINGS, SOUTH DAKOTA Scott D. Munsterman, Mayor ATTEST: Shari L. Thornes, City Clerk City Council Packet April 7, 2009 60 Second Readings/Public Hearings: 13. Ordinance No. 09-09: Swiftel Center Advisory Board Ex-Officios, An ordinance amending Section 2-183 of the code of ordinances of the city of Brookings, South Dakota and pertaining to the designation of a council member to attend meetings of the swiftel center advisory committee in the city of Brookings, South Dakota. Pursuant to Council action taken on March 10th, city staff and the city attorney have prepared the enclosed Ordinance that would allow the Council to appoint Council members as ex-officio members of the Brookings Swiftel Center Advisory Board. Originally it was thought that this change could be done by resolution; however, the City Attorney did additional research and found an ordinance would be needed to address the proposed membership changes. Action: Motion to Approve, request public comment, roll call City Manager Recommendation – Not Approve City Council Packet April 7, 2009 61 ORDINANCE NO. 09-09 AN ORDINANCE AMENDING SECTION 2-183 OF THE CODE OF ORDINANCES OF THE CITY OF BROOKINGS, SOUTH DAKOTA AND PERTAINING TO THE DESIGNATION OF A COUNCIL MEMBER TO ATTEND MEETINGS OF THE SWIFTEL CENTER ADVISORY COMMITTEE IN THE CITY OF BROOKINGS, SOUTH DAKOTA. BE IT ORDAINED AND ENACTED BY THE COUNCIL OF THE CITY OF BROOKINGS, STATE OF SOUTH DAKOTA, AS FOLLOWS: I. Sec. 2-183. Quorum, action, Council Member and County Commission representative to attend meetings. A majority of the Swiftel Center Advisory Committee shall constitute a quorum and it shall be necessary that all official action of the Swiftel Center Advisory Committee shall be approved by a majority of the Swiftel Center Advisory Committee. One of the members of the city council shall be designated by the mayor, with the advice and consent of the city council, to attend the meetings of the Swiftel Center Advisory Committee so that the council may at all times be fully advised of the proceedings of the Swiftel Center Advisory Committee. In addition, the Brookings County Commission may appoint a representative as a non- voting liaison to the Swiftel Center Advisory Committee. The city council member and Brookings County representative so designated shall not be counted for purposes of determination of a quorum and shall not be entitled to vote or take any official action on matters before the Swiftel Center Advisory Committee. II. The provisions of Resolution 65-05 are repealed and superseded by Ordinance Sec. 2- 183. In addition, any or all ordinances in conflict herewith are hereby repealed. FIRST READING: SECOND READING: PUBLISHED: CITY OF BROOKINGS, SOUTH DAKOTA Scott D. Munsterman, Mayor ATTEST: Shari L. Thornes, City Clerk City Council Packet April 7, 2009 62 Second Readings/Public Hearings: 14. Public hearing and possible action on Resolution No. 29-09, a resolution of intent to lease real property for BATA. The City of Brookings owns parcels in the Telkamp Industrial Park and the Weise Business Park. Brookings Area Transit Authority (BATA) was presented with an opportunity to access stimulus funds for the construction of a new transit facility. BATA seeks to enter into a land lease agreement with the City of Brookings to construct a new facility on the following real property: A portion of the designated farmland in the Brookings Wiese Addition, in Section 30, T110N, R49W OR Lots 8 and 12, Block 1 of the Telkamp Industrial Addition, in the City of Brookings, Brookings County, South Dakota This agenda item is a public hearing for a proposed lease which is attached. The lease would apply to either described real property listed above. The notice of public hearing on intent to lease was published once, ten days prior to the public hearing as required by SDCL. This resolution will allow the City to enter into a lease agreement with Brookings Area Transit Authority for the amount of $1.00, renewable annually. Following the public hearing, unless there is information to the contrary, staff recommends approval of the lease. NOTE: The City was notified at the BEDC board of directors met on April 1 and passed a motion to oppose the use of land at the Weise Business Park for a new BATA facility. Action: Open & Close Public Hearing, Motion to Approve, Roll Call City Manager Recommendation -- In the absence of the BATA master plan, spaces needs analysis, and operating projection, I am recommending we don’t have a lease for either site. City Council Packet April 7, 2009 63 RESOLUTION NO. 29-09A 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 Brookings Area Transit Authority for a period of one (1) year, commencing on May 1, 2009 and ending April 30, 2010 and shall automatically renew for consecutive annual periods under the same terms and conditions pertaining to the following described property: Lot 8 and Lot 12, Block 1 of the Telkamp Industrial Addition to the Municipality of Brookings, Brookings County, South Dakota. The Lease will be an amount of One Dollars ($1.00) annually, payable on May 1. BE IT FURTHER NOTED, that a Public Hearing on this Resolution was held on April 7, 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 7th day of April 2009. CITY OF BROOKINGS ________________________________ ____ Scott D. Munsterman, Mayor ATTEST: __________________________ Shari Thornes, City Clerk City Council Packet April 7, 2009 65 RESOLUTION NO. 29-09(B) 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 Brookings Area Transit Authority for a period of one (1) year, commencing on May 1, 2009 and ending April 30, 2010 and shall automatically renew for consecutive annual periods under the same terms and conditions pertaining to the following described property: A portion of the designated farmland in the Brookings Wiese Addition, in Section 30, T110N, R49W excluding the platted lots, in the City of Brookings, Brookings County, South Dakota The Lease will be an amount of One Dollars ($1.00) annually, payable on May 1. BE IT FURTHER NOTED, that a Public Hearing on this Resolution was held on April 7, 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 7th day of April 2009. CITY OF BROOKINGS ________________________________ ____ Scott D. Munsterman, Mayor ATTEST: __________________________ Shari Thornes, City Clerk City Council Packet April 7, 2009 66 City Council Packet April 7, 2009 67 Public Transportation Facility Lease Agreement This Agreement is made and entered into this day of , 2009, by and between City of Brookings, hereinafter referred to as the “LESSOR”, and Brookings Area Transit Authority, hereinafter referred to as “LESSEE”, collectively, the parties to this Agreement will be referred to as the “parties”. WITNESSETH: WHEREAS, the LESSOR owns certain real property, described below, in Brookings, South Dakota, and desires to lease the same to LESSEE; and WHEREAS, the LESSEE desires to lease such property for use in providing transportation services to the citizens of the Brookings area, IN CONSIDERATION OF THE ABOVE AND THE MUTUAL COVENANTS OF THE PARTIES SET FORTH BELOW, THE PARTIES HEREBY AGREE AS FOLLOWS: LESSOR hereby leases unto the LESSEE, and the LESSEE hereby takes and leases from the LESSOR, the following described real property, including structures located on the premises, under the terms and conditions as set forth below: TBD by Resolution of Intent to Lease Real Property All as shown on the diagram attached hereto as Exhibit “A” and by this reference incorporated herein. 1. In consideration of the lease of the property heretofore described, the LESSEE agrees to pay the LESSOR the total sum of One Dollar ($1.00) and other valuable consideration, the receipt of which is hereby acknowledged by LESSOR. 2. The term of this lease shall begin on the day of , 2009 and shall remain in full force and effect until the 31st day of , 2009. This lease shall automatically renew for consecutive annual periods under the same terms and conditions unless the Agreement is terminated as provided for below. 3. The LESSEE shall use the herein described real property for the following purpose, to-wit: The property shall be used only in connection with the LESSEE’S operations to provide public transportation services meeting the needs of citizens living in the Brookings, South Dakota, area. 4. In the event LESSEE desires to terminate this Agreement, LESSEE shall give thirty (30) days written notice to LESSOR of LESSEE’S intent to terminate the Agreement. This Agreement City Council Packet April 7, 2009 68 will automatically terminate thirty (30) days following LESSEE’S written notice to LESSOR of its intent to terminate this Agreement. 5. LESSOR shall be entitled to terminate this Agreement only upon the breach by LESSEE of any of the terms of this Agreement. In particular, LESSOR shall terminate this Agreement in the event that LESSEE is no longer using the subject property for providing transportation services to the citizens of Brookings. In the event LESSEE breaches any of the terms of this Agreement, LESSOR shall give LESSEE written notice of such breach. LESSEE shall have thirty (30) days to cure or correct the breach of the Agreement to the reasonable satisfaction of LESSOR. This Agreement shall terminate if LESSEE fails to cure or correct the breach of the Agreement to the reasonable satisfaction of LESSOR within the thirty (30) day time period. 6. LESSEE shall employ husbandry practices that shall in no way depreciate the value of the property that is the subject of this Agreement. 7. LESSEE shall not transfer or assign this Agreement except upon the written consent of the LESSOR. 8. LESSEE shall not sublease any portion of the subject property without the written consent and agreement of LESSOR. 9. LESSEE shall not make any improvements on the real property covered by this Agreement without the written consent and agreement of the LESSOR. 10. LESSEE shall at his own expense be required to and shall do whatever is necessary to prevent the growth or spreading of noxious weeds during the period of this Agreement. 11. LESSOR shall not be responsible for any repairs or maintenance that may become necessary to establish or continue the supply of utilities to the property or improvements. 12. LESSEE agrees to hold harmless and indemnify LESSOR, its officers, agents and employees, from and against any and all actions, suits, damages, liability or other proceedings which may arise as the result of the negligence, misconduct, error, omission or use of the premises by LESSEE, or any officer, agent or employee of LESSEE. This section does not require LESSEE to be responsible for or defend against claims of damages arising solely from errors or omissions of LESSOR, its officers, agents or employees. 13. LESSEE shall indemnify, defend, and hold LESSOR harmless from and against any claims, demands, liabilities, damages, or expenses arising out of any alleged contamination of water, land, or air on or about the premises resulting from the disposal of hazardous waste or other substance (whether subsequently determined to be hazardous wastes or substance) caused by the operation of the transportation business or any other business operated on the premises, including any business conducted on the premises as a result of LESSEE subleasing a portion of the property. City Council Packet April 7, 2009 69 14. It is the responsibility of the LESSEE to maintain the subject property and physical improvements in good working order and condition. LESSEE agrees than no representation as to condition or repair of the demised premises, and no promise to alter, repair, or improve the demised premises has been made by LESSOR expect as contained in this Agreement. LESSEE shall keep the leased premises, during the term of this Agreement, in good repair, and at the termination of this Agreement, yield and deliver up the leased premises in like condition as when taken, reasonable wear and tear expected. Additionally, LESSOR may charge a reasonable fee for maintenance services if LESSEE, after receiving written notice of the specified conditions to be corrected, and an estimate of the charges to be imposed by LESSOR if the services are performed by LESSOR or LESSOR’S agent, fails to comply within thirty (30) days. 15. If the leased premises are partially damaged or totally destroyed by fire, other casualty or Act of God, LESSOR may, at its option, repair the demised premises with reasonable dispatch or immediately terminate this Agreement by written notice to LESSEE or LESSEE’s employees, invitees, or other persons due to the leased premises becoming out of repair or arising from leakage or gas, steam, water, or sewer pipes, or from defective wiring. LESSOR shall not be responsible or liable to LESSEE for any loss or damage that may be occasioned by or through the acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connected with the demised premises. 16. LESSEE shall be required to maintain general liability insurance in the amount of $1,000,000 or more and general property insurance in the amount of $200,000 or more throughout the term of this lease covering the leased property and structures. LESSOR shall be named as a co-insured on any policy of property insurance covering the leased property and structures. 17. LESSOR and LESSEE understand and agree that the leased property and structures are subject to the terms and conditions of an Agreement for Construction of a Public Transportation Facility between LESSOR, LESSEE and the State of South Dakota. In addition to the terms and conditions contained in this Agreement, LESSOR and LESSEE agree to be bound by the terms and conditions of the Agreement for Construction of Public Transit Facility. IN WITNESS WHEREOF, the parties hereto have executed this agreement this ____ day of _____________, 20___. CITY OF BROOKINGS, South Dakota A Municipal Corporation By: Scott Munsterman, Mayor ATTEST: Shari Thornes, Brookings City Clerk MANAGER By: Brookings Area Transit Authority City Council Packet April 7, 2009 70 Second Readings/Public Hearings: 15. Public hearing and action on Resolution No. 27-09, Proposed Street Assessment Project 2009–02-STA. This project is a street assessment project that is located adjacent to the new Camelot Intermediate School site and entails new asphalt pavement for 15th Street South from 700 feet east of Medary Avenue to the east approximately 1525 feet, Christine Avenue from 15th Street South to the north approximately 350 feet and Camelot Drive from 15th Street South to the north approximately 900 feet. The construction project including utilities, storm sewer, gravel, grading and curb and gutter work for these streets was bid in 2008 and will be completed in the spring of 2009. The cost for the 2008 project will also be levied in 2009 and will be a separate process from this resolution. This project is the second phase of the street, which will entail adjusting manholes and water valves, minor gravel shaping, and asphalt pavement. The City initiated Resolution 27-09 for this paving project and each abutting property owner was mailed a notice of the hearing and the proposed resolution outlining the project costs by receipt certified mail as required by SDCL. The City of Brookings owns 544.5 frontage feet along Camelot Drive. Approval of this resolution will authorize this project. After approval, the project will be let for bids with a summer 2009 completion date. Name Address1 Dr. Roger DeGroot Brookings School District 2130 8th Street South Keith Rounds 1600 BlairHill Circle Scott Hodges 1601 BlairHill Circle Josh Reisetter 1714 Orchard Drive Allyn Frerichs Park, Rec & Forestry Action: Open & Close Public Hearing, Motion to Approve, Roll Call City Manager Recommendation - Approve City Council Packet April 7, 2009 71 PROPOSED RESOLUTION NO. 27-09 STREET ASSESSMENT PROJECT 2009-02STA BE IT RESOLVED by the City Council of the City of Brookings, South Dakota, as follows: The City Council of the City of Brookings hereby declares the necessity of construction of the streets of the City as follows: Asphalt Pavement and miscellaneous work for a street width of forty one (41) feet for collector streets and thirty one (31) for residential streets as listed below: • Collector Street: 15th Street South from 700 feet east of Medary Avenue to the east approximately 1525 feet. • Residential Street: Christine Avenue from 15th Street South to the north approximately 350 feet. • Residential Street: Camelot Drive from 15th Street South to the north approximately 900 feet. 1. The general nature of the improvement is above set forth and reference for details is hereby made to the drawings and specifications prepared by the City Engineer and on file with the City Clerk. 2. The material to be used for asphalt paving of the street is the following: One and one-half inch (1 ½”) asphalt surface course on a two and one-half inch (2 ½”) asphalt base course for a forty one (41’) foot wide collector street. One and one-half inch (1 ½”) asphalt surface course on a one and one-half inch (1 ½”) asphalt base course for a thirty one (31’) foot wide residential street. 3. The improvement is substantially uniform. The estimated cost for asphalt paving a three (3) inch thickness to a width of 26 feet from lip of curb to lip of curb, per linear foot of streets is $80.00 or $40.00 per side of street. This is the estimated cost of a regular residential street and is the estimated assessable cost for the street. Therefore, the proposed estimated assessment per front foot of property is $40.00. As per City resolutions, the City will assume and pay, from the general funds, for any extra thickness required in excess of that described for residential streets and for the extra width in excess of 31 feet back to back of the curb. The cost of improvements to street intersections and the long side of corner lots will be assessed to benefited properties. The cost of improvements will be apportioned to all assessable lots and tracts of land lying within one-half block or 300 feet of the street being improved, whichever is less. City Council Packet April 7, 2009 72 The cost of additional asphalt for the vehicle/bus drop off areas will be assessed to the abutting properties. 4. A description of classes of lots to be assessed is as follows: The assessable lots and tracts of land lying within one-half block or three hundred feet of the streets hereinabove described, whichever is less. 5. The method of apportionment of benefits is as follows: The cost thereof to be assessed against all assessable lots and tracts of land according to the benefits determined by the governing body to accrue to all such lots and tracts from the construction of the improvement. The assessed amount includes a 6% charge for engineering and administration costs. The interest to be charged on the unpaid balance shall be 10%. 6. The above-described improvement shall be hereinafter referred to at Street Improvement Project No. 2009-02STA, which shall be deemed a description of the improvement of the streets as hereinabove set forth. PASSED AND APPROVED this 7th day of April, 2009. CITY OF BROOKINGS ___________________________________ Scott Munsterman, Mayor ATTEST: _____________________________________ Shari Thornes, City Clerk NOTICE IS HEREBY GIVEN to the owners of the property described in the foregoing proposed resolution that the City Council will meet in the Council Chambers, City Hall, Brookings, South Dakota, on Tuesday, April 7, 2009 at 6:00 o’clock PM, for the consideration of the adoption of said resolution. At said time and place, the City Council will consider any objections to the proposed resolution by owners of property liable to be assessed for improvement. ___________________________________________ Shari Thornes, City Clerk City Council Packet April 7, 2009 73 Second Readings/Public Hearings: 16. Public hearing and action on Resolution No. 31-09, levying Assessment For Sidewalk Assessment Project No. 2008-01SWR. The 2008-01SWR Sidewalk and Curb & Gutter repair project was a project to replace landowner sidewalks causing trip hazards. Resolution 47-08 authorized the sidewalk assessment project, the project was completed in 2008 and the final change order was approved. The resolutions to prepare the assessment roll and fix the date for the hearing have been approved and the assessment is ready to be levied. The assessment cost for each landowner is calculated by using their specific sidewalk cost plus the 6% engineering and administration fee. Each landowner was mailed a copy of the assessment roll showing the cost for each property and a notice of this hearing. The assessment roll gives each owner a breakdown in cost showing sidewalk, valve replacement and concrete sawing. This resolution will levy the assessment and authorize the Finance Office to send each owner a bill for the repairs. The payments are recovered into the assessment fund. Action: Open & Close Public Hearing, Motion to Approve, Roll Call City Manager Recommendation – Approve City Council Packet April 7, 2009 74 RESOLUTION NO. 31-09 Levying Assessment For Sidewalk Assessment Project No. 2008-01SWR WHEREAS, the City Council has provided for the following work to be completed under Project No. 2008-01SWR. (2008 Sidewalk Repair Sites) BE IT RESOLVED by the City Council of the City of Brookings, South Dakota, as follows: 1. The City Council has made all investigation which it deems necessary and has found and determined that the amount which each lot or tract will be benefited by the construction of the sidewalk improvement heretofore designated as Sidewalk Assessment Project No. 2008-01SWR is the amount stated in the proposed assessment roll. 2. The assessment for Sidewalk Assessment Project No. 2008-01SWR is hereby approved and the assessment thereby specified are levied against each and every lot, piece or parcel of land thereby described. 3. Such assessments, unless paid within thirty (30) days after the date of mailing of a statement of account by the City, shall be collected by the City in accordance with the procedure for Plan One in Sections 9-43-30 to 9-43-41, South Dakota Compiled Laws of 1967, as amended with interest of 10% on the unpaid balance. 4. Assessments amounting to less than $300.00 shall be paid in one payment. Passed and approved this 7th day of April 2009. CITY OF BROOKINGS ________________________________ __ Scott D. Munsterman, Mayor ATTEST: _________________________________ Shari Thornes, City Clerk City Council Packet April 7, 2009 77 Second Readings/Public Hearings: 17. Public hearing and action on Resolution No. 28-09, a resolution authorizing the execution of an agreement to become a member of the Brookings Regional Railroad Safety Authority. Council action on enclosed Resolution No. 28-09 would authorize the execution of an agreement to become a member of the Brookings Regional Railroad Safety Authority, which is the next agenda item. The City Attorney has also prepared documents for the Brookings County Commission for their consideration and possible action at their April 7th meeting, the same day as the Council’s. Staff will provide a report on the County Commission’s action at the time of the City Council meeting. Pursuant to State law, legal notice was published regarding this proposed action. Action: Open & Close Public Hearing, Motion to Approve, Roll Call City Manager Recommendation - Approve City Council Packet April 7, 2009 78 Notice Of Public Hearing On Adoption Of Resolution Authorizing The Execution Of An Agreement To Form The Brookings Regional Railroad Safety Authority NOTICE IS HEREBY given that on Tuesday, April 7, 2009 at 6:00 o’clock P.M., the Brookings City Council will hold a public hearing in the City Council Chambers, City Hall, Brookings, South Dakota, on the Resolution authorizing the execution of an agreement to form the Brookings Regional Railroad Safety Authority. At the time and place set for said public hearing, all who appear will be given an opportunity to express their views for or against the proposal to authorize by Resolution the execution of an agreement to form the Brookings Regional Railroad Safety Authority. Dated this 25th day of March, 2009. CITY OF BROOKINGS /s/ Shari Thornes Shari Thornes, City Clerk City Council Packet April 7, 2009 79 RESOLUTION NO. 28-09 A Resolution Authorizing The Execution Of An Agreement To Become A Member Of The Brookings Regional Railroad Safety Authority BE IT RESOLVED, that the City of Brookings, South Dakota, hereby joins the Brookings Regional Railroad Safety Authority pursuant to an Agreement establishing the Brookings Regional Railroad Safety Authority, all as allowed by the provisions of SDCL Chapter 49-17A, as amended; and BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute the Agreement referred to above and any and all other necessary documents to effectuate the Agreement and to create the Brookings Regional Railroad Safety Authority (BRRSA); BE IT FURTHER RESOLVED, that ____________________ and ____________________ are hereby designated as the official representatives from the City of Brookings to the Brookings Regional Railroad Safety Authority. Passed and approved on the 24th day of March, 2009. CITY OF BROOKINGS Scott D. Munsterman, Mayor ATTEST: Shari L. Thornes, City Clerk CERTIFICATION The undersigned hereby certifies that I am the duly qualified and acting City Clerk of the City of Brookings and that the above and foregoing Resolution was duly adopted by the City Council of the City of Brookings, South Dakota, at a regular scheduled meeting held the _______ day of March, 2009, and the same is in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Shari L. Thornes, City Clerk City Council Packet April 7, 2009 80 Second Readings/Public Hearings: 18. Action to authorize the Mayor to sign an agreement between the City of Brookings and Brookings County establishing a Rail Authority. Enclosed for Council consideration is a revised copy of the Agreement Establishing the Brookings Regional Railroad Safety Authority. Changes were made to Articles 4 and 6 to reflect the Council’s direction for the March 24th meeting. The City Attorney also prepared companion documents for the Brookings County Commission for their consideration and possible action at their April 7th meeting, the same day as the Council’s. Staff will provide a report on the County Commission’s action at the time of the City Council meeting. Action: Motion to Approve, request public comment, roll call City Manager Recommendation – Approve City Council Packet April 7, 2009 81 AGREEMENT ESTABLISHING THE BROOKINGS REGIONAL RAILROAD SAFETY AUTHORITY AGREEMENT made and entered into this ____ day of _______________, 2009, among the political subdivisions which have executed this Agreement (the “Members”) pursuant to a Resolution of the governing body of each political subdivision authorizing such execution after due notice and hearing as established by the affidavit of publication attached hereto. (Attached hereto collectively as Exhibit A are the Resolutions referred to above). WITNESS: WHEREAS the parties to this Agreement are desirous of maintaining and improving the railroad in or adjacent to the respective jurisdiction through the use of a Regional Railroad Authority as allowed by South Dakota law, SDCL Chapter 49-17A. NOW, THEREFORE, the parties to this agreement agree to establish the Brookings Regional Railroad Safety Authority (BRRSA) under the terms and conditions following: ARTICLE 1. Creation, Purpose and Powers That there is hereby created a Regional Railroad Authority incorporated pursuant to the provisions of SDCL Chapter 49-17A as a political subdivision of the State of South Dakota authorized to exercise a part of the sovereign powers of the State; which entity shall conduct its affairs in accordance with SDCL Chapter 49-17A for the purposes authorized therein and shall be empowered to exercise all powers granted by said Chapter as amended, except as specifically provided to the contrary in this Agreement or the By-laws. ARTICLE 2. Name That the name of the Regional Railroad Authority created hereby shall be the Brookings Regional Railroad Safety Authority (BRRSA). ARTICLE 3. Members That the names of the political subdivisions of the State of South Dakota which have approved this Agreement and are initial members of the BRRSA are as follows: County of Brookings and the City of Brookings. That as allowed by law, any political subdivision qualified to join the BRRSA subsequent to the date of this Agreement shall so indicate its desire by depositing with the Chairman of the BRRSA a supplement to this Agreement executed by such political subdivision and a Resolution of the governing body (as defined by South Dakota law) of such political subdivision authorizing such execution. A political subdivision shall become a City Council Packet April 7, 2009 82 member of the BRRSA upon approval of its executed supplement to this Agreement by the Members of the BRRSA and the filing of the same with the Secretary of State of South Dakota. ARTICLE 4. Representatives That the names and address of the persons initially appointed by the Resolutions approving this Agreement to act as representatives of the subdivisions in the exercise of their powers as members of the BRRSA are as follows: COUNTY OF BROOKINGS: 1. 2. CITY OF BROOKINGS: 1. 2. If additional subdivisions join the BRRSA, they shall also be represented by two (2) members each. ARTICLE 5. Registered Agent and Office That the name and address of the initial registered office and the name of the registered agent at such office are as follows: Jeffrey W. Weldon City Manager, City of Brookings P.O. Box 270 Brookings, South Dakota 57006 ARTICLE 6. Board of Commissioners That the Board of Commissioners of the BRRSA shall be comprised of two (2) Commissioners representing each member subdivision which is a member of BRRSA, together with one (1) at-large Commissioner for each such subdivision, to be elected by the representatives of the Members. The Commissioners shall be elected for a term of one (1) year. Each Commissioner shall hold office until their successor has been elected and qualified. That the names and addresses of the initial Board of Commissioners are as follows: NAME ADDRESS 1. 2. 3. City Council Packet April 7, 2009 83 4. 5. 6. ARTICLE 7. Liability of Members That the political subdivisions which are Members of the BRRSA and their commissioners, council members, officers and agents shall not be liable for any obligations of the BRRSA. ARTICLE 8. Bylaws and Rules That the commissioners of the Authority shall adopt and attend such rules and By-Laws that they deem appropriate to govern the operating of the BRRSA. ARTICLE 9. Amendments This Agreement may be amended upon approval by a majority of the members; each member being entitled to one (1) vote to be exercised by a majority of its governing body. IN WITNESS WHEREOF the undersigned have executed this Agreement in sufficient copies for each Member to have an original with attached certified copies of the resolutions to be sent to the Secretary of the State of South Dakota as required by SDCL 49-17A-4, each of which constitute an original copy but all of which together shall constitute one and the same instrument. Dated this ____ day of ______________, 2009. COUNTY OF BROOKINGS By: Its: Chairman ATTEST (SEAL) Dated this ____ day of ______________, 2009. CITY OF BROOKINGS By: Scott D. Munsterman, Mayor ATTEST: (SEAL) __________________________ Shari Thornes, City Clerk City Council Packet April 7, 2009 84 Alcohol Licenses 19. Public hearing and action on a transfer of an Off-Sale Malt Beverage Alcohol License from Kum & Go to CPI dba Zip Trip, at 1005 6th Street (W115’ Lots 1 and 2, Block 1, Randi Peterson’s Addition), Brookings, SD and 3045 Lefevre Drive (Lot 6, N225’ of E30’ Lot 7, Lefevre Addition), Brookings, SD. The City of Brookings has received an application to transfer the off-sale malt beverage licenses for two locations from Kum & Go to CPI dba Zip Trip, at 1005 6th Street (W115’ Lots 1 and 2, Block 1, Randi Peterson’s Addition), Brookings, SD and 3045 Lefevre Drive (Lot 6, N225’ of E30’ Lot 7, Lefevre Addition), Brookings, SD. All the required documents have been submitted for these transfers. A public hearing and action by the local governing body is required to approve all transfers. These licenses would be effective immediately until June 30, 2009 and then subject to an annual renewal. If approved, the applications would be forwarded to the State Department of Revenue for final action and issuance of the licenses. Further Information: SDCL 35-2-1.2 provides all applications for retail licenses …shall be submitted to the governing board of the municipality within which the applicant intends to operate…The governing board: “shall have discretion to approve or disapprove the application depending on whether it deems the applicant a suitable person to hold such license and whether it considers the proposed location suitable.” SDCL 35-2-6.2 provides the “character” requirements for alcoholic beverage licensees: “Any license under this title…must be a person of good moral character, never convicted of a felony, and, if a corporation, the managing officers thereof must have like qualifications.” Procedure for issuance of licenses: Procedurally, SDCL 35-2-3 provides that “no license for the on or off-sale at retail of alcoholic beverages…shall be granted to an applicant for any such license, except after public hearing, upon notice.” SDCL 35-2-5 provides the procedure for the time and place of hearing and for publication of notice. If an application for a license is refused, “no further application may be received from a person until after the expiration of one year from the date of a refused application.” City Ordinances: Listed below is Chapter 5, Article 2, Section 5-20 of the City Code of Ordinances pertaining to Application Review Procedure. The City Council shall review all applications submitted to the City for available On-Sale Alcoholic Beverage Agreements and for On-Sale Malt Beverage and Wine Licenses in accordance with SDCL 35-2 and in accordance with the following factors: (a) Type of business which applicant proposes to operate: On-Sale Alcoholic Beverage Operating Agreements and On-Sale Malt Beverage and Wine Licenses may not be issued to convenience grocery stores, gas City Council Packet April 7, 2009 85 stations, or other stores where groceries or gasoline are sold unless it can be established that minors do not regularly frequent the establishment. (b) The manner in which the business is operated: On-Sale Alcoholic Beverage Operating Agreements and On-Sale Malt Beverage and Wine Licenses may not be issued to establishments which are operated in a manner which results in minors regularly frequenting the establishment. (c) The extend to which minors are employed in such a place of business: On-Sale Alcoholic Beverage Operating Agreements and On-Sale Malt Beverage and Wine Licenses may not be issued to convenience grocery stores, gas stations, or other stores where groceries or gasoline are sold and which regularly employ minors. (d) The adequacy of the police facilities to properly police the proposed location: The City Council shall inquire of the Police Chief whether the Police Department can adequately police the proposed location. (e) Other factors: The hours that business is conducted shall be considered by the City Council in its review of applications for on-sale alcoholic beverage operating agreements and on-sale malt beverage and wine licenses Summary: SDCL and case law support the premise that the decision to issue an alcoholic beverage license is discretionary. The City can assess the character of the applicant and whether the location is suitable. A person convicted of a felony is prohibited from applying for a license; therefore, a convicted felon would fail the character test. In determining suitable location, the Council may involve the determination of whether the location is suitable consistent with the procedure developed through South Dakota Case Law. This includes the manner in which the business is operated; the extent to which minors frequent or are employed in such place of business; the adequacy of the police facilities to properly police the proposed location, and other factors associated with the sale of alcoholic beverages. Action: Open and close public hearing, Motion to Approve, Roll Call City manager recommendation - approve City Council Packet April 7, 2009 86 Alcohol Licenses 20. Public hearing and action for an On-Off Sale Malt Beverage Alcohol License for the Cottonwood Coffee Inc. (dba – Cottonwood Bistro), Jacob Limmer and Lynn Askew, owners, 1710 Sixth Street, Brookings, South Dakota, legal description: Sublot 2 of Lot B, West 71.5’ of vacated alley, Block 1, Bane and Poole Addition. The City of Brookings has received an application for an on-off sale Malt Beverage License for Cottonwood Coffee Inc. (dba – Cottonwood Bistro), from Jacob Limmer and Lynn Askew, owners, 1710 Sixth Street, Brookings, South Dakota, legal description: Sublot 2 of Lot B, West 71.5’ of vacated alley, Block 1, Bane and Poole Addition. The next agenda item is to approve a wine license for the same location. The applicant has provided a letter regarding their plans. All the required documents have been submitted for this application. A public hearing and action by the local governing body is required to approve a Malt Beverage License. This license would be effective immediately until June 30, 2009 and then subject to an annual renewal. If approved, the application would be forwarded to the State Department of Revenue for final action and issuance of the license. Further Information: SDCL 35-2-1.2 provides all applications for retail licenses …shall be submitted to the governing board of the municipality within which the applicant intends to operate…The governing board: “shall have discretion to approve or disapprove the application depending on whether it deems the applicant a suitable person to hold such license and whether it considers the proposed location suitable.” SDCL 35-2-6.2 provides the “character” requirements for alcoholic beverage licensees: “Any license under this title…must be a person of good moral character, never convicted of a felony, and, if a corporation, the managing officers thereof must have like qualifications.” Procedure for issuance of licenses: Procedurally, SDCL 35-2-3 provides that “no license for the on or off-sale at retail of alcoholic beverages…shall be granted to an applicant for any such license, except after public hearing, upon notice.” SDCL 35-2-5 provides the procedure for the time and place of hearing and for publication of notice. If an application for a license is refused, “no further application may be received from a person until after the expiration of one year from the date of a refused application.” City Ordinances: Listed below is Chapter 5, Article 2, Section 5-20 of the City Code of Ordinances pertaining to Application Review Procedure. The City Council shall review all applications submitted to the City for available On-Sale Alcoholic Beverage Agreements and for On-Sale Malt Beverage and Wine Licenses in accordance with SDCL 35-2 and in accordance with the following factors: City Council Packet April 7, 2009 87 (a) Type of business which applicant proposes to operate: On-Sale Alcoholic Beverage Operating Agreements and On-Sale Malt Beverage and Wine Licenses may not be issued to convenience grocery stores, gas stations, or other stores where groceries or gasoline are sold unless it can be established that minors do not regularly frequent the establishment. (b) The manner in which the business is operated: On-Sale Alcoholic Beverage Operating Agreements and On-Sale Malt Beverage and Wine Licenses may not be issued to establishments which are operated in a manner which results in minors regularly frequenting the establishment. (c) The extend to which minors are employed in such a place of business: On-Sale Alcoholic Beverage Operating Agreements and On-Sale Malt Beverage and Wine Licenses may not be issued to convenience grocery stores, gas stations, or other stores where groceries or gasoline are sold and which regularly employ minors. (d) The adequacy of the police facilities to properly police the proposed location: The City Council shall inquire of the Police Chief whether the Police Department can adequately police the proposed location. (e) Other factors: The hours that business is conducted shall be considered by the City Council in its review of applications for on-sale alcoholic beverage operating agreements and on-sale malt beverage and wine licenses Summary: SDCL and case law support the premise that the decision to issue an alcoholic beverage license is discretionary. The City can assess the character of the applicant and whether the location is suitable. A person convicted of a felony is prohibited from applying for a license; therefore, a convicted felon would fail the character test. In determining suitable location, the Council may involve the determination of whether the location is suitable consistent with the procedure developed through South Dakota Case Law. This includes the manner in which the business is operated; the extent to which minors frequent or are employed in such place of business; the adequacy of the police facilities to properly police the proposed location, and other factors associated with the sale of alcoholic beverages. Action: Open and close public hearing, Motion to Approve, Roll Call City manager recommendation - approve City Council Packet April 7, 2009 89 Alcohol Licenses 21. Action on Resolution No. 30-09, authorizing the City Manager to sign an Wine Operating Agreement for an On/Off Wine License for the Cottonwood Coffee Inc. (dba – Cottonwood Bistro), Jacob Limmer and Lynn Askew, owners, 1710 Sixth Street, Brookings, South Dakota, legal description: Sublot 2 of Lot B, West 71.5’ of vacated alley, Block 1, Bane and Poole Addition. Jacob Limmer and Lynn Askew are applying for a wine license for the Cottonwood Bistro located at 1710 6th Street in the Brickwood Plaza. An operating agreement between the owners and the City is required for wine and liquor agreements. Action to approve Resolution 30-09 would allow the City Manager to enter into the first five years of the 10-year agreement effective through 2014. This license would be subject to annual state renewal in December. All necessary documents have been submitted. If approved, the application would be forwarded to the State Department of Revenue for final action and issuance of the license. Listed below is specific information related to a wine license request and other procedures that are following with an application: Criteria: SD State Law Provisions: 35-1-9.2. Definition of terms used in § 35-1-9.1. Terms used in § 35-1-9.1 mean: (4) "Wine," any liquid either commonly used, or reasonably adapted to use, for beverage purposes, and obtained by the fermentation of the natural sugar content of fruits or other agricultural products containing sugar and containing not less than one- half of one percent of alcohol by weight but not more than twenty-four percent of alcohol by volume. 35-4-2.2. Restaurant facilities required for light wine license -- Hours of service. A license authorized under subdivision 35-4-2 (12) may only be issued to the owner or operator of a restaurant and shall permit the licensee to serve the enumerated beverages between 12:00 noon and 12:00 p.m. of each day of the week including Sunday. The term restaurant as used herein shall mean only a room regularly and in a bona fide manner used and kept open for the serving of meals to guests for compensation which has suitable table accommodations for at least fifty guests therein at one and the same time, and a kitchen connected therewith containing conveniences for cooking sufficient to provide meals in a bona fide manner for fifty guests at one and the same time. City Ordinances: Listed below is Chapter 5, Article 2, Section 5-20 of the City Code of Ordinances pertaining to Application Review Procedure. The City Council shall review all applications submitted to the City for available On-Sale Alcoholic Beverage Agreements and for On-Sale Malt Beverage and Wine Licenses in accordance with SDCL 35-2 and in accordance with the following factors: City Council Packet April 7, 2009 90 (a) Type of business which applicant proposes to operate: On-Sale Alcoholic Beverage Operating Agreements and On-Sale Malt Beverage and Wine Licenses may not be issued to convenience grocery stores, gas stations, or other stores where groceries or gasoline are sold unless it can be established that minors do not regularly frequent the establishment. (b) The manner in which the business is operated: On-Sale Alcoholic Beverage Operating Agreements and On-Sale Malt Beverage and Wine Licenses may not be issued to establishments which are operated in a manner which results in minors regularly frequenting the establishment. (c) The extend to which minors are employed in such a place of business: On-Sale Alcoholic Beverage Operating Agreements and On-Sale Malt Beverage and Wine Licenses may not be issued to convenience grocery stores, gas stations, or other stores where groceries or gasoline are sold and which regularly employ minors. (d) The adequacy of the police facilities to properly police the proposed location: The City Council shall inquire of the Police Chief whether the Police Department can adequately police the proposed location. (e) Other factors: The hours that business is conducted shall be considered by the City Council in its review of applications for on-sale alcoholic beverage operating agreements and on-sale malt beverage and wine licenses Action: Motion to approve, request public comments, Roll Call City Manager Recommendation – Approve City Council Packet April 7, 2009 91 Resolution No. 30-09 Operating Agreement for On-Off Sale Wine Cottonwood Bistro BE IT RESOLVED by the city of Brookings, South Dakota, that the City Council hereby approves a Lease Agreement for the Operating Liquor Management Agreement between the City of Brookings and Cottonwood Coffee Inc. (dba – Cottonwood Bistro), Jacob Limmer and Lynn Askew, owners, 1710 Sixth Street, for the purpose of a liquor manager to operate the on- sale wine establishment or business for and on behalf of the City of Brookings at the Cottonwood Bistro located at 1710 6th Street. BE IT FURTHER RESOLVED that the City Manager be authorized to execute the Agreement on behalf of the City, which shall be for a period of ten years with a renewal in five (5) years. Passed and approved this 8th day of April 2009. CITY OF BROOKINGS Scott D. Munsterman, Mayor ATTEST: Shari Thornes, City Clerk City Council Packet April 7, 2009 92 22. Adjourn.