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Home My WebLink About2009_04_28 CC PKTCity Council Packet April 28, 2009 1 Brookings City Council Tuesday, April 28, 2009 City Hall Council Chambers 311 Third Avenue 5:00 p.m. ‐‐ Work Session 6:00 p.m. ‐‐ Council Meeting Mission Statement The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse economic base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal management. 5:00 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. Pandemic Preparedness Coordination Committee Update. 2. City Council Member Vacancy ‐ Application Process. 3. Update and Public Hearing on SDSU Bike Route and One‐Way Street Plan. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 4. 6:00 p.m. Meeting Review. 5. Council Invites & Obligations. 6. City Council member introduction of topics for future discussion. * *Any Council member may request discussion of any issue at a future meeting only. Items can not be added for action at this meeting. A motion and second is required starting the issue, requested outcome, and time. A majority vote is required. 6:00 P.M. REGULAR MEETING 1. Call to order. 2. Pledge of Allegiance. 3. City Clerk records council attendance. 4. Action to approve the following Consent Agenda Items * A. Action to approve the agenda. B. Action on May committee appointments. C. Action on Resolution No. 35‐09 declaring surplus property ‐ One (1) 1994 Bobcat Skid Steer Loader. D. Action on Resolution No. 36‐09 designating Pioneer Park from July 8‐July 13th for the Summer Arts Festival. E. Action on Resolution No. 37‐09 awarding bids for 2009‐06STI Chip Seal Project. F. Action on Resolution No. 38‐09 awarding bids for 2009‐02STA Street Assessment Project. G. Action on a request from Richard Schardin to abate a portion of the 2008 property taxes in the amount of $117.68 for a mobile home located at Western Estates Lot 714. County Assessor recommends approval. H. Action on a request from the City of Brookings to abate a portion of the 2008 property taxes in the amount of $707.36 for property located at SE1/4, except S6R of SE1/4 SE1/4 SE1/4, and SE1/4 SW1/4 21‐110‐50 (90 acres/Nichols Land). County Assessor recommends approval. I. Action on a request from the City of Brookings to abate a portion of the 2008 property taxes in the amount of $17.72 for property located at W25’ of S105’ of Lot 8, Block 2, First Addition, also known as 501 3rd Street (Law Office). County Assessor recommends approval. City Council Packet April 28, 2009 2 J. Action on a request from the City of Brookings to abate a portion of the 2008 property taxes in the amount of $502.91 for property located at Lot 1, E10’ of Lot 2, Block 13, East Acres 2nd Addition, also known as 2150 Derdall Drive. County Assessor recommends approval. K. Action on a request from the City of Brookings to abate a portion of the 2008 property taxes in the amount of $887.15 for property located at Lot 15, Block 12, East Acres Second Addition, also known as 368 22nd Avenue South. County Assessor recommends approval. L. Action to approve a Preliminary Plat of Lots 3A – 11A, Nelson Eighth Addition. 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. Ordinances – 1st Readings ** 7. Ordinance No. 11‐09: An Ordinance Amending the Zoning Ordinance Pertaining to the Definition of a Public Transportation Facility in the City of Brookings, South Dakota. Public Hearing: May 12, 2009 8. Ordinance No. 12‐09: An Ordinance Amending Chapter 72, Storm Drainage, of the Code Ordinances of the City of Brookings Pertaining to the Storm Drainage Fee With Certain Amendments Thereto. Public Hearing: May 12, 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. Ordinance No. 10‐09: An Ordinance Requiring Sanitary Conditions for Animal Dwellings in the City of Brookings, South Dakota. Action: Motion to Approve, request public comment, roll call Other Business 10. Action Resolution No. 39‐09, a Resolution Approving Tax Incremental Project Plan Number One (TID #1) for the Innovation Campus. Action: Motion to Approve, request public comment, roll call 11. Action on Resolution No. 40‐09, a Resolution for Approval of South Dakota State University Vehicular Wayfinding Plan. Action: Motion to Approve, request public comment, roll call 12. Discussion and possible action to amend consulting contract for Airport Environmental Assessment with HELMS & Associates. City Council Packet April 28, 2009 3 Action: Motion to Approve, request public comment, roll call 13. 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 28, 2009 4 5:00 P.M. WORK SESSION ** Work sessions are open to the public. During the work session the city staff would brief the council on items for that particular meeting, introduce future topics, and provide a time for Council members to introduce topics. 1. Pandemic Preparedness Coordination Committee Update. Bob McGrath, Director of Solid Waste and Deputy Health Officer, will provide the Council with an update on Committee activities and respond to questions. Don McCoy, Brookings Health System, has also been invited to attend. Mr. McCoy is Jan Clites replacement for this project. He will address the health care sector subcommittee as well as assist with questions. Pandemic Preparedness Coordination Committee Update 1. Brief Background A. Governor’s Summit March 2006 B. Application for 1st grant April 2006 C. “Cooperative Partners” Brookings Health System City of Brookings Brookings County SDSU American Red Cross – Brookings County Chapter D. Sectors Health Care Public Health Government Schools Critical Infrastructure Industry & Business Volunteer & Faith Based Organizations Individuals & Families E. Five Grants – Brookings Health System (Lead Agency) Coordinator – Allan Miller 2. The “County Wide Response Plan” A. Revisions B. Appendixes 3. The Subcommittees A. Public Education Subcommittee City Council Packet April 28, 2009 5 Articles in Shopper Radio Contest School Essay Contest Web Site (www. BeReadyBrookings.com) Flyer for Churches Possible Mass Mailing (Magnets) B. Mass Fatality Subcommittee Brookings Conservation District; Larson Ice Arena C. Supplies Subcommittee Daktronics D. Heath Care Sector Subcommittee April 2nd Summit E. Special Populations (Special Needs) Subcommittee SDSU Nursing Students F. Exercises and Training Subcommittee Previous Exercises, Summits, POD (Points of Dispensing) Training (ICS), Mental Health Specialists April 30th, Swiftel Center July Full Scale G. Volunteer & Faith Based Committee City Council Packet April 28, 2009 6 5:00 P.M. WORK SESSION ** Work sessions are open to the public. During the work session the city staff would brief the council on items for that particular meeting, introduce future topics, and provide a time for Council members to introduce topics. 2. City Council Member Vacancy ‐ Application Process. On May 12th, Council Member Tim Reed will resign his position as city council member and be sworn in as Mayor. The City Charter provides the following guidance with respect to vacancies on the Council: City Charter (d) Filling of Vacancies. Filling of Vacancies. Except as provided below, a vacancy in the office of Mayor or of a City Council Member shall be filled for the remainder of the unexpired term at the next regular City election. The Council by a majority vote of all its remaining members shall appoint a qualified person to fill the vacancy until the person elected to serve the remainder of the unexpired term takes office. However, if the vacancy occurs less than sixty days prior to the next regular City election, then the person appointed to fill the vacancy shall continue to serve and the vacancy shall be filled at the regular City election immediately following the next regular City election. Notwithstanding the requirement in Section 2.11, if at any time the membership of the Council is reduced to less than 6, the remaining members shall, within sixty (60) days, fill the vacancies by appointment or call for a special election to fill the vacancies. In 2003 the City Council adopted the enclosed policy which established more detailed procedures in the event a vacancy occurs on the Council. Accordingly, the following draft process and timeline has been prepared for Council consideration. Also enclosed is a draft press release and application form. Proposed process & timeline: April 28th Discuss Process April 29th Press release advertising vacated council seat May 12th Receive resignation letter effective that day May 12th Tim Reed takes Oath of Office as Mayor May 19th Deadline for applications May 26th Applicants Provide Comments to City Council during open meeting May 26th Action to appoint Council Member June 9th Tim Reed absent for Council meeting June 23rd New council member takes Oath of Office Also enclosed are memorandums from the City Attorney regarding “Applications for appointment of City Council Member/Extent of public disclosure, 07/10/07,” and “Whether the City Council may use a secret ballot to select a candidate to serve as Council Member, 05/29/03.” City Council Packet April 28, 2009 7 City Council Policy Vacancy on Council Brookings, South Dakota Dated September 2, 2003 Objective: The objective of this policy is to have an established procedure to follow in the event of a vacancy on the City Council. Policy: The following procedure will be followed in the event a vacancy occurs on the City Council: 1) Positions. The elected City officers of the City of Brookings are the Mayor and six (6) City Council members. 2) City Charter Reference ‐ Filling of Vacancy. Any vacancy occurring in the office of Mayor or City Council must be filled pursuant to City Charter, Section 2.06 – Vacancies; Forfeiture of Office; Filling of Vacancies: (d) Filling of Vacancies. Filling of Vacancies. Except as provided below, a vacancy in the office of Mayor or of a City Council Member shall be filled for the remainder of the unexpired term at the next regular City election. The Council by a majority vote of all its remaining members shall appoint a qualified person to fill the vacancy until the person elected to serve the remainder of the unexpired term takes office. However, if the vacancy occurs less than sixty days prior to the next regular City election, then the person appointed to fill the vacancy shall continue to serve and the vacancy shall be filled at the regular City election immediately following the next regular City election. Notwithstanding the requirement in Section 2.11, if at any time the membership of the Council is reduced to less than 6, the remaining members shall, within sixty (60) days, fill the vacancies by appointment or call for a special election to fill the vacancies. 3) City Council Decision. The City Council has the option to fill a vacancy or leave it open if the membership is maintained at not less than six (6) members. The Council must determine whether or not to fill the vacancy. 4) Schedule. The City Council must establish a schedule for the following steps in the appointment process: Date to issue press release Deadline to submit applications Date for applicants to meet with the City Council City Council Packet April 28, 2009 8 Date to appoint the new Council member Date for the swearing in ceremony 5) Public Announcement. Immediately after the Council decision to fill the vacancy, the City Manager shall issue an announcement that a vacancy has occurred and invite legally qualified persons to apply for the vacancy. See example press release: Applications for City Council Member The Brookings City Council is now accepting applications from Brookings residents interested in the vacant City Council member position effective until _______. Applicants are to submit an application and any other pertinent information to the City Manager not later than ______at 5:00 p.m. The City Council will take action to approve this appointment to the Council on or before ________. Applications for Appointment are available at City Hall, 311 Third Avenue, or by calling (605)692‐6281. Applications must be submitted to the City Manager not later than ______ by 5:00 p.m. "The City of Brookings is responsive to requests for communication aids and the need to provide appropriate access, and will provide alternative formats and accessible locations consistent with the Americans with Disabilities Act." 6) Application Packet. Applicants will be provided with an application form, Code of Ethics, Governance and Ends Policy, current budget, Conflict of Interest Ordinance, and proposed appointment schedule. Applicants will be asked to submit a completed application, signed Code of Ethics, resume, and any other information to the City Manager. 7) Council Notification: A. The City Manager will provide qualified applicants list and copies of applications to the Mayor and City Council. B. The names of applicants will not be released to the public prior to the application deadline. C. After the application deadline, the public will be provided with the list of applicant names upon request; however, the applications will not be released. 8) City Council Applicant Review & Nominations: A. Presentations. Applicants will be invited to appear before the City Council at a planning or action meeting to provide comments and respond to questions. 1. Each applicant will be limited to 5 minutes. 2. All Council members will have an opportunity to ask questions. B. Council Review. The City Council may discuss, at an open meeting, the qualifications of the candidate or candidates. City Council Packet April 28, 2009 9 C. Executive Session. The City Council may enter into Executive Session for the sole purpose of discussing the qualifications of the applicants. The purpose of the executive session would be for each Council member to share their views about the qualifications and that the issue be thoroughly discussed. If it appears that a majority of Council members do not believe a certain candidate is most qualified, further discussion about the qualifications can occur. The executive session minimizes misunderstandings about the opinions of each Council member concerning the qualifications of the candidates, and avoids the use of a secret ballot, which is not specifically authorized in the law. In addition to the City Council members, the City Manager, City Attorney, and City Clerk would also be present during the executive session. D. Council Comments. City Council members will be given an opportunity to make public comments. E. Public Comment. Public comment from interested parties will be heard before a motion to nominate a legally qualified person to fill the vacancy, but after the comments of the City Council. F. Nomination(s). At the conclusion of public comment, a motion by any member of the City Council to nominate a candidate may be made to fill the vacancy. The nomination requires a second in order to be voted upon. The motion must specify the name of the applicant and the effective date of the appointment. The first nominated and seconded legally qualified person receiving a majority of votes from those voting will be elected to fill the vacancy. If the motion fails, the floor would be open for another motion. The use of a secret ballot will not be allowed. G. Term. Appointed Council Members are appointed to fill a vacated position for a period not more than one (1) year. Per City Charter Section 2.06 (d), “….then the person appointed to fill the vacancy shall continue to serve and the vacancy shall be filled at the regular City election immediately following the next regular City election…” 6) Swearing In Ceremony. The newly appointed City Council member will sign an Oath of Office and be presented with an Appointment Certificate by the Mayor at a City Council meeting. City Council Packet April 28, 2009 10 Shari Thornes City Clerk 311 Third Avenue Post Office Box 270 Brookings, SD 57006 (605) 692‐6281 phone (605) 692‐6907 fax sthornes@cityofbrookings.org April 29, 2009 FOR IMMEDIATE RELEASE For more information contact: Shari Thornes, City Hall Phone: (605) 697‐8641 Applications for City Council Member The Brookings City Council is now accepting applications for the soon to be vacant City Council member position. Council Member Tim Reed will be resigning on May 12th to accept the role as Mayor. The appointment term would be from June 23, 2009 to May 1, 2010. Applicants must be a Brookings resident for a minimum of six months and registered to vote in Brookings. Applications are available on the city website (www.cityofbrookings.org) or at the City Clerk’s Office, 311 Third Avenue, 605‐692‐6281. The completed application and other required documents must be submitted to the City Clerk not later than Tuesday, May 19, 2009 at 5:00 p.m. All applicants will be invited to attend the May 26th City Council meeting to provide additional information and respond to questions. The City Council is scheduled to vote on the appointment later than night. The new council member would then be sworn in and take office at the June 23rd Council meeting. "The City of Brookings is responsive to requests for communication aids and the need to provide appropriate access, and will provide alternative formats and accessible locations consistent with the Americans with Disabilities Act." City Council Packet April 28, 2009 11 Application for Appointment to the City Council Brookings, SD Date: __________________ Name: ______ Address: Is your residence located within the city limits of Brookings? yes no How long have you been a resident of Brookings? Are you a registered voter in the City of Brookings? yes no Phone (home) _____ Phone (work) Fax E‐mail address Employer: Occupation: 1. Please list relevant education or training: 2. Work experience: City Council Packet April 28, 2009 12 3. Community Volunteer Service: 4. I would like to serve on the City Council because: 5. Any other information you feel is important to the City Council members as it considers your appointment to the City Council: ______________________________ Applicant Signature Please return your application to the City Clerk’s Office. 311 Third Avenue, PO Box 270, Brookings, SD 57006 (605) 692‐6281 phone, (605) 692‐6907 fax sthornes@cityofbrookings.org www.cityofbrookings.org Advertising Policy ‐‐ The City of Brookings will notify the public of the Council vacancy. Notification of vacancies will consist of a press release to local media at least two weeks prior to the appointment. Appointment Process ‐ Applications will be accepted until May 19, 2009 at 5:00 p.m. All applications for appointment will be provided to the City Council for consideration. City Council action is required to approve the appointment and is scheduled to occur on May 26, 2009. Thank you for applying! City Council Packet April 28, 2009 13 City of Brookings Governance and Ends Policies ‐ Appendix A City Council Code of Ethics Approved May 13, 2002 The mayor and council are responsible for making policy decisions for the community. The City Council provides vision, direction and leadership to the community and the organization. The City Council further represents the Brookings Community with other governmental entities and officials. In order to maintain and enhance public trust and confidence in our local government, to achieve equity and social justice, to affirm human dignity, and to better the quality of life for residents of Brookings the members of the City Council dedicate themselves to the stewardship of the public trust and therefore embrace the following ideals, seeking to: Uphold constitutional government and the laws of the city of Brookings; Conduct public and private life as to be an example for my fellow citizens; Be mindful of my neutrality and impartiality, rendering equal service to all and to extend the same treatment I wish to receive myself; Abstain from voting when a conflict of interest exists in accordance with the Brookings City Charter, Section 7.01 (a) Conflicts of Interest provision; Be tolerant, respectful and attentive. Avoid comments, body language or distracting activity that conveys a message of disrespect for the presentations from citizens, staff or colleagues; Maintain and respect the confidentiality of private and confidential information; Attend all regular and special meetings, including briefings, and public functions where my presence is expected; Be prepared by reading all documents pertaining to an issue in advance of the above mentioned meetings or event; Be an active and attentive participant; Be professional in both appearance and manner; and Read, comprehend and comply with local, state, and national governmental guidance, directives, regulations and ordinances pertaining to my position. It is the policy of the City of Brookings to uphold, promote, and demand the highest standards of ethics from all its Council members. Brookings Council members shall maintain the utmost standards of personal integrity, truthfulness, honesty, and fairness in carrying out their public duties, avoid any improprieties in their roles as public servants including the appearance of impropriety, and never use their city position or powers for improper personal gain. The code of ethical behavior will govern members of the City Council. City Council members are encouraged self‐monitor their behavior and offer constructive recommendations to fellow Council members if necessary. As a member of the City Council, I accept these ideals and policy, and pledge to do in the interest and purposes for which our government has been established. Date Signature City Council Packet April 28, 2009 14 Memorandum To: Michael Williams, City Manager From: Steven J. Britzman, City Attorney Date: May 29, 2003 Re: Whether the City Council may use a secret ballot to select a candidate to serve as Council Member. Conclusion: No. Conclusion and Analysis Although South Dakota is one of a few states which does not specifically prohibit use of a secret ballot, language contained in SDCL 1‐25‐2‐‐any official action concerning such matters shall be made at an open official meeting—creates a significant concern that even a preliminary polling of Council Members by a secret ballot constitutes or would be construed as “official action” (which must be conducted in open session), since the results of the balloting would be binding upon the Council members by agreement, and the official vote approving the appointment would be simply a ratification of previous action conducted by a ballot which would not be open or available to the public. Roberts Rules of Order does permit use of a ballot by agreement of the governing body, but specific statutes—such as 1‐25‐1 and 1‐25‐2, take precedence. The South Dakota Supreme Court has stated the purpose of open meeting laws “is to prohibit actions being taken at secret meetings where it is impossible for the interested public to become fully informed and to detect improper influences.” The Court in another case implied that a “secret decision” violates the open meeting law. Accordingly, because balloting, even if performed as a preliminary method of tactfully selecting the candidate of choice, should not be conducted in secret The South Dakota open meeting laws are set forth below for convenient reference, with emphasis in bold: 1‐25‐1. * Meetings of public agencies ‐ Teleconference meetings ‐ Rural development telecommunications network ‐ Misdemeanor. Except as otherwise provided by law, the official meetings of the state and the political subdivisions thereof, including all related boards, commissions and other agencies, and the official meetings of boards, commissions and agencies created by statute or which are nontaxpaying and derive a source of revenue directly from public funds, shall be open to the public, except as provided in this chapter. Meetings, including executive or closed meetings may be conducted by teleconference. Members shall be deemed present if they answer present to the roll call taken by teleconference. Any vote at a meeting held by teleconference shall be taken by roll call. Except for executive or closed meetings held by teleconference, there shall be provided one or more places at which the public may listen to and participate in the proceeding. Except for executive or closed meetings held by teleconference of related boards and commissions of the state, there shall be provided two or more places at which the public City Council Packet April 28, 2009 15 may listen to and participate in the proceeding. Except for the rural development telecommunications network, no teleconference may be used in conducting hearings or taking final disposition pursuant to § 1‐26‐4. Teleconference meetings are subject to the notice provisions of chapter 1‐25. (Emphasis of key provisions is in bold) 1‐25‐2. * Executive sessions ‐ Purposes ‐ Authorization ‐ Violation. Executive or closed meetings may be held for the sole purposes 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 contractor; (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, when public discussion may 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. City Council Packet April 28, 2009 16 Memorandum To: Shari Thornes, City Clerk From: Steven J. Britzman, City Attorney cc: Dennis Falken, City Manager Date: July 10, 2007 Re: Applications for appointment of City Council Member/Extent of public disclosure Conclusion; I would now encourage public disclosure of applications for appointment to the vacant City Council seat, subject to protection of any specific information contained on the application which is confidential or protected by a specific right to privacy statute.. Discussion Whether applications for the appointment of a vacant City Council Member seat are subject to public inspection and disclosure are governed by the following laws, as provided by the South Dakota Attorney General in Opinion 2003‐01: “The foregoing general rule is consistent with the policy set forth in SDCL 1‐27‐1. In that statute, the legislature declared its public record policy. The statute provides, in pertinent part: If the keeping of a record or the preservation of a document or other instrument is required of an officer or public servant under any statute of this state, the officer or public servant shall keep the record, document, or other instrument available and open to inspection by any person during normal business hours. An exception to this general rule is found in SDCL 1‐27‐3, which reads: Section 1‐27‐1 shall not apply to such records as are specifically enjoined to be held confidential or secret by the laws requiring them to be so kept.” As is evident, a case by case analysis is required given the generality of the foregoing statutes. I have researched case law and while there are no public records opinions in South Dakota, the accompanying North Dakota case is somewhat helpful, though the North Dakota public records statute is much broader than that of South Dakota. The North Dakota decision concluded the applications for the Police Chief position were public records subject to public inspection, but again, the North Dakota statute declares most public records to be public unless specifically identified by statute as confidential. Quoting McQuillin, The Law of Municipal Corporations, a new municipal law treatise I have acquired, “Full and complete disclosure of public affairs should be encouraged. Accordingly, public policy favors the right of inspection of public records and documents.” I would add that with borderline documents where there is a privacy interest and public interest, the interest in confidentiality should be weighed against the interest of the person or the public seeking disclosure. Certainly, interests protected by privacy rights can be redacted. There is obviously great interest in the qualifications of a prospective city council appointee, which would justify disclosure and would likely outweigh any privacy interest, particularly where the name is disclosed and the position does not require one to jeopardize their current employment status. Accordingly, I would now encourage public disclosure of applications for appointment to the vacant City Council seat, subject to protection of any specific information contained on the application which is confidential, such as a social security number. City Council Packet April 28, 2009 17 5:00 P.M. WORK SESSION ** Work sessions are open to the public. During the work session the city staff would brief the council on items for that particular meeting, introduce future topics, and provide a time for Council members to introduce topics. 3. Update and Public Hearing on SDSU Bike Route and One‐Way Street Plan. SDSU students Chris Daugaard and Eric Hanson along with Park, Recreation, and Forestry Director Allyn Frerichs and City Engineer Jackie Lanning have met throughout the winter to review the Phase I SDSU Bike Route proposal. The draft bike route map shows the locations that would be best suited for a bike route, showing essentially three options for bike routes: • Sharrow: stencil and signage • Shared parking/bike lane: stencil, signage, striped bike lane (keep parking) **(3rd Avenue is the only street that is wide enough for this option) • Exclusive bike lane: stencil, signage, striped bike lane (remove parking) The minimum width needed for striped bike lanes is 30 feet, and many of the streets in Brookings are too narrow for striped bike lanes. The streets that are too narrow would have the option of being a “sharrow”. On the streets that are wider, striping a bike lane would be an option. The streets could be striped with a four foot bike lane, which would leave eleven foot driving lanes for a thirty foot wide street. The streets with a striped bike lane could be designated as an “exclusive bike lane” where parking would be removed. The “shared parking/bike lane” would be an option for 3rd Avenue since this street is wide enough for a 7 foot wide lane to accommodate the width of a car. The map has been updated to show this option. The Traffic Safety Committee discussed the bike route options at their Friday, April 17, 2009 meeting. A summary of the meeting is attached with the committee’s recommendations. A meeting notice has been sent to the attached list of property owners along the proposed routes, and a press release was issued to the media inviting public input. An estimated project cost will be calculated after the route has been approved. Action: Open & Close Public Hearing, Motion to Approve, Roll Call City Council Packet April 28, 2009 18 Bike route mailing list Name Address1 CityStateZip Blackfork Land and Cattle Co. LLC 111 Main Ave.Brookings, SD 57006 GJ LLC PO Box 705 Brookings, SD 57006 Brian Artz 1017 3rd Ave.Brookings, SD 57006 Peggy Leslie 1013 3rd Ave.Brookings, SD 57006 Loretta Stokes 1009 3rd Ave.Brookings, SD 57006 Andrea Thorn 1005 3rd Ave.Brookings, SD 57006 Mark & Brigette Pederson 2225 16th Ave. S.Brookings, SD 57006 MZP PO Box 342 Brookings, SD 57006 Walter Herrig 1008 3rd Ave.Brookings, SD 57006 Darrell & Judy Reeter 1010 3rd Ave.Brookings, SD 57006 Blaire Kruse 1014 3rd Ave. Brookings, SD 57006 Dale Buskhol PO Box 731 Brookings, SD 57006 John Moriarty 208 W. 8th St.Brookings, SD 57006 Marquette Property Development 1261 97th Ave. NW Coon Rapids, MN 55433 Richard & Alice Adee PO Box 368 Bruce, SD 57220 Kevin Gruenwaldt 903 3rd Ave.Brookings, SD 57006 Tammy Browne 911 3rd Ave.Brookings, SD 57006 BI Properties LLC 3732 Lakeview Gary, SD 57237 Jeffrey & Robin Rief 1339 Wahpeton Pass Brookings, SD 57006 Garry & Vicki Prussman 125 W. 5th St. Volga, SD 57071 Stephanie Ziegler 2673 Mallard Dr.Woodbury, MN 56125 First Lutheran Church PO Box 300 Brookings, SD 57006 Lynn Severson 8604 Thames St.Springfield, VA 22151 Randol Hofer Sr. 922 3rd Ave.Brookings, SD 57006 Hazel Hauff 707 Elm Ave.Brookings, SD 57006 Vine Street Properties PO Box 500 Brookings, SD 57006 Jay & Rachel Roe 829 3rd Ave.Brookings, SD 57006 Shane Brink 823 3rd Ave.Brookings, SD 57006 Lisa Syrstad 819 3rd Ave.Brookings, SD 57006 ZVM Inc. 1826 22nd Ave.Brookings, SD 57006 Warren Hovland 221 8th St.Brookings, SD 57006 Steven & Julie Grives 215 8th St. Brookings, SD 57006 Mark Wiesner 25575 485th Ave.Garretson, SD 57030 Conor Quinn 826 3rd Ave.Brookings, SD 57006 Matthew & Melissa Otteson 822 3rd Ave.Brookings, SD 57006 Janet Moe 818 3rd Ave.Brookings, SD 57006 David & Coleen Scheibel 814 3rd Ave.Brookings, SD 57006 William DeGeest 303 8th St.Brookings, SD 57006 John & Jody Owen 305 8th St.Brookings, SD 57006 Terry Aulner 311 8th St.Brookings, SD 57006 David & Kari Faflik 131 8th St.Brookings, SD 57006 James Zuiderhof 205 8th St.Brookings, SD 57006 Ronald Zuiderhof 2625 22nd Ave. So.Brookings, SD 57006 Vernon & Cynthia Olson 108 8th St.Brookings, SD 57006 Kendal & Amanda Baerg 206 8th St.Brookings, SD 57006 Jeff Petersen 208 8th St.Brookings, SD 57006 Robert Gustafson 212 8th St.Brookings, SD 57006 Theo Mittan 222 8th St. Brookings, SD 57006 Sunny Ridge Inc. PO Box 3 Brookings, SD 57006 City Council Packet April 28, 2009 19 Name Address1 CityStateZip Bradley & Amy Skyberg 315 8th St.Brookings, SD 57006 George & Julie Hamer 321 8th St.Brookings, SD 57006 Old Sanctuary LLC 928 4th St.Brookings, SD 57006 Thomas & Mary Bell 310 8th St.Brookings, SD 57006 Edward Lorenz 314 8th St.Brookings, SD 57006 James & Doris Roden 727 Main Ave.Brookings, SD 57006 Warren Anderson 105 17th Ave. So.Brookings, SD 57006 Robert & Jacqualine Sexauer 515 8th St.Brookings, SD 57006 Patricia Fishback Attn: Allison PO Box 5057 Brookings, SD 57006 Robert Fishback Attn: Allison PO Box 5057 Brookings, SD 57006 Michael & Heather Moechnig 521 8th St.Brookings, SD 57006 Lance & Deborah Dyer 416 8th St.Brookings, SD 57006 Brookings Christain Church 424 8th St.Brookings, SD 57006 Dennis Bielfeldt 910 4th St.Brookings, SD 57006 Heather Waxdahl 516 8th St.Brookings, SD 57006 Russell & Beverly Stubbles 729 6th St.Brookings, SD 57006 Gilbert Family Trust 708 8th St. Apt. 7 Brookings, SD 57006 Harold Kornbaum 617 8th St.Brookings, SD 57006 David Aaron 621 8th St. Brookings, SD 57006 Patrick Lyons & Reuben Roth 1620 Robin Rd.Brookings, SD 57006 Jon Ramsay 47531 201st St.White, SD 57276 Lorraine Dahme 719 8th St.Brookings, SD 57006 Richard & Jane Howard 723 8th St.Brookings, SD 57006 Mark and Natasha Penner 728 6th Ave.Brookings, SD 57006 Aaran Davis 612 8th St.Brookings, SD 57006 Rodney & Heidi May 620 8th St.Brookings, SD 57006 Chris & Michala Huse 624 8th St.Brookings, SD 57006 Matthew & Erin Portillo 702 8th St.Brookings, SD 57006 Valerie Ngatchou 716 8th St.Brookings, SD 57006 Todd Broschat 722 8th St.Brookings, SD 57006 Faye Dahl 803 8th St.Brookings, SD 57006 Jason Schuetz 3727 Western Ave. S.Brookings, SD 57006 Vine Street Properties PO Box 500 Brookings, SD 57006 Joni Mueller 815 8th St.Brookings, SD 57006 Rose Ramey 603 S Center St. #3 Flandreau, SD 57028 Karl Glover 803 9th Ave.Brookings, SD 57006 Paul & Carolyn Hill 903 8th St.Brookings, SD 57006 James & Marilyn Pedersen 803 Harvey Dunn St.Brookings, SD 57006 KB Properties LLC 3066 West Donahue Dr Sioux Falls, SD 57105 Tom Brockberg 2289 100th Ave.Hardwick, MN 56134 Edward Brockhoft 902 8th St.Brookings, SD 57006 Edward & Linda Melcher 906 8th St.Brookings, SD 57006 John & Shirley Nelson 910 8th St.Brookings, SD 57006 John Glanzer 914 8th St.Brookings, SD 57006 Earl Tripp 922 8th St.Brookings, SD 57006 Lawrence Novotny 928 8th St.Brookings, SD 57006 Paul Moriarty PO Box 705 Brookings, SD 57006 SDSU Foundation PO Box 525 Brookings, SD 57006 SDSU Raymond Froehlich 1515 Calumet Rd.Brookings, SD 57006 James & Carol Resmen 48513 188th St.Brandt, SD 57006 Arley Hugghins 1034 6th St.Brookings, SD 57006 City Council Packet April 28, 2009 20 Name Address1 CityStateZip Ernest & Mildred Hugghins 1034 6th St.Brookings, SD 57006 Skylight Apartment Partnership 1034 6th St.Brookings, SD 57006 Dennis & Darlene Dokken 1048 6th Ave.Brookings, SD 57006 Joel Zebill 1044 6th Ave.Brookings, SD 57006 Dorthy Ishol 3305 Sunnyview Dr.Brookings, SD 57006 Aurora Venture Partnership 1510 Raymond Circle Sioux Falls, SD 57106 Oepke & Beth Niemeyer 718 11th St.Brookings, SD 57006 Jimmie & Nancy Wright 1601 Ponderosa Dr.Sioux Falls, SD 57103 Gerald Bergum 1029 Circle Dr Brookings, SD 57006 Scott Pedersen 1035 Circle Dr Brookings, SD 57006 Patricia Liebsch 1039 Circle Dr Brookings, SD 57006 Richard & Eileen Shane 1045 Circle Dr Brookings, SD 57006 Isabelle Apland 1049 Circle Dr Brookings, SD 57006 John & Kathryn Miller 1055 Circle Dr Brookings, SD 57006 John Kratochvil 20245 Oakwood Dr Bruce, SD 57220 Elnore Johnson 1057 Circle Dr Brookings, SD 57006 One‐Way Mailing List Name Address1 CityStateZip Ryan Bauer 417 9th Avenue Brookings, SD 57006 WIKA Investments PO Box 500 Brookings, SD 57006 Johnny & Jeri Nelson 625 12th Ave. Brookings, SD 57006 Norma Nusz 617 12th Ave.Brookings, SD 57006 Robert Rentsch 611 12th Ave. Brookings, SD 57006 Mallory Muntefering 607 12th Ave.Brookings, SD 57006 Terrance Church 1204 7th St.Brookings, SD 57006 Luke & Rochelle Meadows 624 12th Ave.Brookings, SD 57006 Robert Haar 618 12th Ave.Brookings, SD 57006 Wally & Janice Struck 614 12th Ave.Brookings, SD 57006 Paul & Susan Rupp 610 12th Ave. Brookings, SD 57006 Brad & Machelle Bonde 2333 16th Ave. W.Brookings, SD 57006 Carol Pitts 725 4th St.Brookings, SD 57006 Lonny & Jean Beynon 5801 Josh Wyatt Dr.Sioux Falls, SD 57108 Debra Prodoehl 3026 Sunnyview Dr.Brookings, SD 57006 Candice Hoffmann 31660 139th St.Bowdle, SD 57428 Minnkota Investment Co. 3026 Sunnyview Dr.Brookings, SD 57006 Klassic Properties Inc. 3026 Sunnyview Dr.Brookings, SD 57006 Pitts Property Management 725 4th St.Brookings, SD 57006 Kyle Prodoehl 3026 Sunnyview Dr.Brookings, SD 57006 Kent & Nancy Resmen 21809 473rd Ave.Brookings, SD 57006 State College Dev. Assoc. PO Box 5057 Brookings, SD 57006 John & Sandra Appelan 3790 Edgewater Dr.Gary, SD 57237 Skylight Apartment Partnership 1034 6th Ave.Brookings, SD 57006 Roger & Mildred Oines 1225 6th St.Brookings, SD 57006 Boyd & Irene Bonzer 615 13th Ave.Brookings, SD 57006 Ryan & Amanda Brosious 621 13th Ave.Brookings, SD 57006 Craig & Jennifer Novotny 625 13th Ave.Brookings, SD 57006 Dale & Janice Olson 629 13th Ave. Brookings, SD 57006 Realmark Investments Inc. 617 8th Ave.Brookings, SD 57006 Stanley Schoeneman 515 Lakota Ave.Brandon, SD 57005 TB Partnership LLC 611 6th St.Brookings, SD 57006 City Council Packet April 28, 2009 21 Name Address1 CityStateZip Dale & Dorthy Ishol 3305 Sunnyview Dr.Brookings, SD 57006 Todd Voss 1212 6th St.Brookings, SD 57006 SDSU Foundation PO Box 525 Brookings, SD 57006 Brad & Nadine Farber 701 Railway St.Bruce, SD 57220 Sundal Rentals 1619 30th St. Brookings, SD 57006 Ella Rae Lane 1302 8th St.Brookings, SD 57006 City Council Packet April 28, 2009 22 Unapproved Summary of Discussion BROOKINGS TRAFFIC SAFETY COMMITTEE Thursday, April 12, 2009 The Brookings Traffic Safety Committee held its monthly meeting on Friday, April 17, 2009, at 12:10pm in the City Hall community room. Members Present: Brad Whaley, Louis Skubic, Daryl Englund, , Skip Webster, Tim Heaton, Connie Bridges, Keith Bruinsma, Brian Leuders, Jackie Lanning, Bryan Gums and Becky Thompson. Members Absent: Dennis Bielfeldt, Matthew Nelson, Tim Heaton, and Dain Arns. Others Present: Property owners that were invited along the proposed SDSU Bike Route and 12th Avenue and 13th Avenues between 6th Street and 8th Street. Excerpt from Summary of Discussion: New Business: 1) Discussion of the SDSU Bike Lane Routes with potential removal of parking The Committee heard testimony from numerous people who own property along the proposed SDSU Bike Route, which is located on 8th Street, 3rd Avenue, 11th Street and Medary Avenue. There was positive feedback regarding the Bike Route concept, although several property owners were concerned about removing parking. The committee voted on each street separately as follows: Medary Avenue: Lanning/Whaley made a motion to allow keep the current parking and to designate a “Sharrow” bike lane. All present voted aye. 8th Street: Whaley/Gums made a motion to keep the current parking and to designate a “Sharrow” bike lane. All present voted aye. 3rd Avenue: Whaley/Webster made a motion to keep the current parking and to designate a “Sharrow” bike lane. All present voted aye. 11th Street: Thompson/Whaley made a motion to keep the current parking and to designate a “Sharrow” bike lane. All present voted aye. 2) Discussion of One‐Way street designation for 12th Avenue and 13th Avenue from 6th Street to 8th Street The Committee heard testimony from numerous people who own property along 12th and 13th Avenues. Numerous property owners were concerned about the current parking situation. In general, the property owners felt 12th and 13th Avenues were congested because of the many vehicles that park along the two streets, the vehicles City Council Packet April 28, 2009 23 heading to and from campus, and street narrowing conditions during the winter time which made the congestion worse. The committee discussed the possibility of vehicles parking in different neighborhoods if parking were removed on 12th and 13th Avenue. Dean Kattleman, SDSU, stated that there was adequate parking on campus, and removal of parking may encourage people to park on campus. Webster/Whaley made a motion to remove parking and keep two‐way traffic on 12th and 13th Avenues from 6th Street to 8th Street. All present voted aye. Motion carried. 3) Discussion of the SDSU Signage Plan Jim Weiss of SDSU presented the new way‐finding signage plan for the campus. SDSU is planning to install signs near intersections around campus to promote way‐finding, as well as upgrade the signs within campus. Lanning/Webster made a motion to support the SDSU way‐finding signage plan provided the plan follows the MUTCD manual. All present voted aye. Motion carried. City Council Packet April 28, 2009 24 Shared Parking and Bicycle Lanes Sioux Falls has on‐street shared parking and bicycle lanes on the following three city streets. 1. Bahnson Avenue from 12th to 26th Streets and from 33rd to 49th Streets 2. West 32nd Streets from Marion Road to Sertoma Avenue 3. Ralph Rogers Road from Minnesota Avenue to 69th Street M arch 2007 Mn/DOT Bikeway Facility Design Manual Chapter 4: On-Road Bikeways 97 3.6 - 4.2 m (12 - 14 ft) travel lane Optional: Install Share the Road signs to warn drivers to watch for bicyclists traveling along the road in rural situations where there is no paved shoulder and a large number of bicycles use the roadway. Space signs every 1.6 - 3.2 km (1 - 2 mi) and/or on corners, hills, or other places with limited sight distances. #W11-1 & W16-1 S H A R E T H E R O A D S H A R E T H E R O A D Curb & Gutter ** Not to Scale ** CL Note: Application of MN MUTCD Series R7 and/or R8 “NO PARKING” signage may also be appropriate. Check current MN MUTCD for any changes to signs and striping configurations. Curb & Gutter Figure 4-24: Shared Lane,Urban Cross Section w ith No Parking 12 M arch 2007 Mn/DOT Bikeway Facility Design Manual Chapter 4: On-Road Bikeways 79 1.2 m (4 ft) bike lane 3.6 m (12 ft) travel lane (typical) 0.3 m (1 ft) CL Curb & Gutter Bike Lane Stripe Pavement marking line 100 mm (4 in) wide solid white Bike Lane Symbol & Arrow Pre-cut plastic or stencil pavement markings LANE 1.8 m (6 ft) 1.2 m (4 ft) Note: Application of MN MUTCD Series R7-9 or R7-9a “NO PARKING BIKE LANE” signage may be used. Check current MN MUTCD for any changes to signs and striping configurations. ** Not to Scale ** Curb & Gutter 1.8 m (6 ft) 1.2 m (4 ft) 1.8 m (6 ft) * See Table 4-1 for bicycle lane width #R3-17 #R8-3a Install #R3-17 signs and pavement symbols at periodic intervals along the bicycle lane BIKE LANE BIKE LANE Figure 4-10: Bicycle Lane w ith No Parking and Standard Gutter Pan 10 City Council Packet April 28, 2009 29 5:00 P.M. WORK SESSION ** Work sessions are open to the public. During the work session the city staff would brief the council on items for that particular meeting, introduce future topics, and provide a time for Council members to introduce topics. 4. 6:00 p.m. Meeting Review. 1. Call to order. 2. Pledge of Allegiance. 3. City Clerk records council attendance. 4. Action to approve the following Consent Agenda Items * A. Action to approve the agenda. B. Action on May committee appointments. C. Action on Resolution No. 35‐09 declaring surplus property ‐ One (1) 1994 Bobcat Skid Steer Loader. D. Action on Resolution No. 36‐09 designating Pioneer Park from July 8‐July 13th for the Summer Arts Festival. E. Action on Resolution No. 37‐09 awarding bids for 2009‐06STI Chip Seal Project. F. Action on Resolution No. 38‐09 awarding bids for 2009‐02STA Street Assessment Project. G. Action on a request from Richard Schardin to abate a portion of the 2008 property taxes in the amount of $117.68 for a mobile home located at Western Estates Lot 714. County Assessor recommends approval. H. Action on a request from the City of Brookings to abate a portion of the 2008 property taxes in the amount of $707.36 for property located at SE1/4, except S6R of SE1/4 SE1/4 SE1/4, and SE1/4 SW1/4 21‐110‐50 (90 acres/Nichols Land). County Assessor recommends approval. I. Action on a request from the City of Brookings to abate a portion of the 2008 property taxes in the amount of $17.72 for property located at W25’ of S105’ of Lot 8, Block 2, First Addition, also known as 501 3rd Street (Law Office). County Assessor recommends approval. J. Action on a request from the City of Brookings to abate a portion of the 2008 property taxes in the amount of $502.91 for property located at Lot 1, E10’ of Lot 2, Block 13, East Acres 2nd Addition, also known as 2150 Derdall Drive. County Assessor recommends approval. K. Action on a request from the City of Brookings to abate a portion of the 2008 property taxes in the amount of $887.15 for property located at Lot 15, Block 12, East Acres Second Addition, also known as 368 22nd Avenue South. County Assessor recommends approval. L. Action to approve a Preliminary Plat of Lots 3A – 11A, Nelson Eighth Addition. Motion to approve, request public comment, roll call Presentations, Special Requests/Invites & Reports: 5. Open Forum. 6. SDSU Student Senate Report. Ordinances – 1st Readings ** 7. Ordinance No. 11‐09: An Ordinance Amending the Zoning Ordinance Pertaining to the Definition of a Public Transportation Facility in the City of Brookings, South Dakota. Public Hearing: May 12, 2009 8. Ordinance No. 12‐09: An Ordinance Amending Chapter 72, Storm Drainage, of the Code Ordinances of the City of Brookings Pertaining to the Storm Drainage Fee With Certain Amendments Thereto. Public Hearing: May 12, 2009 Second Readings/Public Hearings 9. Ordinance No. 10‐09: An Ordinance Requiring Sanitary Conditions for Animal Dwellings in the City of Brookings, South Dakota. Action: Motion to Approve, request public comment, roll call Other Business 10. Action on Resolution No. 39‐09, a Resolution Approving Tax Incremental Project Plan Number One (TID #1) for the Innovation Campus. Action: Motion to Approve, request public comment, roll call 11. Action on Resolution No. 40‐09, a Resolution for Approval of South Dakota State University Vehicular Wayfinding Plan. Action: Motion to Approve, request public comment, roll call 12. Discussion and possible action to amend consulting contract for Airport Environmental Assessment with HELMS & Associates. Action: Motion to Approve, request public comment, roll call 13. Adjourn. City Council Packet April 28, 2009 30 5:00 P.M. WORK SESSION ** Work sessions are open to the public. During the work session the city staff would brief the council on items for that particular meeting, introduce future topics, and provide a time for Council members to introduce topics. 5. Council Invites & Obligations April 27th Joint City Council & Hospital Board 5:00 p.m. Hospital April 28th City Council Meeting 5 & 6 pm City Hall Chambers April 30th Brookings Pandemic Summit 1:00 pm Swiftel Center May 1st Electrical Engineering & Computer Science Building Dedication 4:30 pm SDSU May 12th Individual & group Council Photos PENDING City Hall Council Chambers May 12th Reception for Munsterman & Brunner 4:30‐6 pm 5 pm program 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 28, 2009 31 5:00 P.M. WORK SESSION ** Work sessions are open to the public. During the work session the city staff would brief the council on items for that particular meeting, introduce future topics, and provide a time for Council members to introduce topics. 6. City Council member introduction of topics for future discussion*. *Any Council member may request discussion of any issue at a future meeting only. Items can not be added for action at this meeting. A motion and second is required starting the issue, requested outcome, and time. A majority vote is required. City Council Packet April 28, 2009 32 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 May committee appointments. C. Action on Resolution No. 35‐09 declaring surplus property ‐ One (1) 1994 Bobcat Skid Steer Loader. D. Action on Resolution No. 36‐09 designating Pioneer Park from July 8‐July 13th for the Summer Arts Festival. E. Action on Resolution No. 37‐09 awarding bids for 2009‐06STI Chip Seal Project. F. Action on Resolution No. 38‐09 awarding bids for 2009‐02STA Street Assessment Project. G. Action on a request from Richard Schardin to abate a portion of the 2008 property taxes in the amount of $117.68 for a mobile home located at Western Estates Lot 714. County Assessor recommends approval. H. Action on a request from the City of Brookings to abate a portion of the 2008 property taxes in the amount of $707.36 for property located at SE1/4, except S6R of SE1/4 SE1/4 SE1/4, and SE1/4 SW1/4 21‐110‐50 (90 acres/Nichols Land). County Assessor recommends approval. I. Action on a request from the City of Brookings to abate a portion of the 2008 property taxes in the amount of $17.72 for property located at W25’ of S105’ of Lot 8, Block 2, First Addition, also known as 501 3rd Street (Law Office). County Assessor recommends approval. J. Action on a request from the City of Brookings to abate a portion of the 2008 property taxes in the amount of $502.91 for property located at Lot 1, E10’ of Lot 2, Block 13, East Acres 2nd Addition, also known as 2150 Derdall Drive. County Assessor recommends approval. K. Action on a request from the City of Brookings to abate a portion of the 2008 property taxes in the amount of $887.15 for property located at Lot 15, Block 12, East Acres Second Addition, also known as 368 22nd Avenue South. County Assessor recommends approval. L. Action to approve a Preliminary Plat of Lots 3A – 11A, Nelson Eighth Addition. 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. Ordinances – 1st Readings ** 7. Ordinance No. 11‐09: An Ordinance Amending the Zoning Ordinance Pertaining to the Definition of a Public Transportation Facility in the City of Brookings, South Dakota. Public Hearing: May 12, 2009 City Council Packet April 28, 2009 33 8. Ordinance No. 12‐09: An Ordinance Amending Chapter 72, Storm Drainage, of the Code Ordinances of the City of Brookings Pertaining to the Storm Drainage Fee With Certain Amendments Thereto. Public Hearing: May 12, 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. Ordinance No. 10‐09: An Ordinance Requiring Sanitary Conditions for Animal Dwellings in the City of Brookings, South Dakota. Action: Motion to Approve, request public comment, roll call Other Business 10. Action on Resolution No. 39‐09, a Resolution Approving Tax Incremental Project Plan Number One (TID #1) for the Innovation Campus. Action: Motion to Approve, request public comment, roll call 11. Action on Resolution No. 40‐09, a Resolution for Approval of South Dakota State University Vehicular Wayfinding Plan. Action: Motion to Approve, request public comment, roll call 12. Discussion and possible action to amend consulting contract for Airport Environmental Assessment with HELMS & Associates. Action: Motion to Approve, request public comment, roll call 13. Adjourn. City Council Packet April 28, 2009 34 CONSENT AGENDA #4 4. Action to approve the following Consent Agenda Items * A. Action to approve the agenda. B. Action on May committee appointments. C. Action on Resolution No. 35‐09 declaring surplus property ‐ One (1) 1994 Bobcat Skid Steer Loader. D. Action on Resolution No. 36‐09 designating Pioneer Park from July 8‐July 13th for the Summer Arts Festival. E. Action on Resolution No. 37‐09 awarding bids for 2009‐06STI Chip Seal Project. F. Action on Resolution No. 38‐09 awarding bids for 2009‐02STA Street Assessment Project. G. Action on a request from Richard Schardin to abate a portion of the 2008 property taxes in the amount of $117.68 for a mobile home located at Western Estates Lot 714. County Assessor recommends approval. H. Action on a request from the City of Brookings to abate a portion of the 2008 property taxes in the amount of $707.36 for property located at SE1/4, except S6R of SE1/4 SE1/4 SE1/4, and SE1/4 SW1/4 21‐110‐50 (90 acres/Nichols Land). County Assessor recommends approval. I. Action on a request from the City of Brookings to abate a portion of the 2008 property taxes in the amount of $17.72 for property located at W25’ of S105’ of Lot 8, Block 2, First Addition, also known as 501 3rd Street (Law Office). County Assessor recommends approval. J. Action on a request from the City of Brookings to abate a portion of the 2008 property taxes in the amount of $502.91 for property located at Lot 1, E10’ of Lot 2, Block 13, East Acres 2nd Addition, also known as 2150 Derdall Drive. County Assessor recommends approval. K. Action on a request from the City of Brookings to abate a portion of the 2008 property taxes in the amount of $887.15 for property located at Lot 15, Block 12, East Acres Second Addition, also known as 368 22nd Avenue South. County Assessor recommends approval. L. Action to approve a Preliminary Plat of Lots 3A – 11A, Nelson Eighth Addition. * 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 28, 2009 35 #4 ‐ CONSENT AGENDA: B. Action on May committee appointments. Mayor Munsterman has submitted the following appointment recommendations for Council action. Additional information on these applicants and others on file are available for inspection in the City Clerk's Office. Brookings Regional Airport Board Number of positions: 1 Position currently held by: Harry Forsyth (does not wish to be reappointed) Term Length: 5 year Residency Requirement: No Purpose: The Airport Board is advisory to the city manager and council on matters concerning the city airport. Applicants: 1) Brady Klocker 2) Judy McLaughlin 3) David Lee Peterson Mayor’s Recommendation: Judy McLaughlin Brookings Committee for People who have Disabilities, Student Position Number of positions: 1 Position currently held by: Kim Wells Term Length: 1 year Residency Requirement: No Other Requirements: Student of secondary or post‐secondary institution Purpose: The Committee strives to advocate for the rights of people who have disabilities in our community. Throughout the year, specific events are held to bring awareness and information to our citizens. Technical assistance is provided to the business community, private individuals, governmental entities, and nonprofit organizations. This is a service not provided by any other entity in Brookings. The goals of this service are to improve the quality of life for people who have disabilities through enhancing the knowledge base of entities in the community; and to further serve as a community‐based advocacy group enhancing the ability of local entities to comply with Federal Civil Rights legislation. Applicants: None Mayor’s Recommendation: Reappoint ‐ Kim Wells Human Rights Committee, Student Member Number of positions: 1 Position currently held by: Joel Vargas Term Length: 1 year Residency Requirement: No Other Requirements: Student of secondary or post‐secondary institution Purpose: The Committee has the power to investigate complaints alleging discrimination. Other programs include studying the existence, character and causes and extent of discrimination in employment, housing and public accommodations, property rights, education and public services; advising and providing a forum for those subjected to unfair and discriminatory practices in the City and City Council Packet April 28, 2009 36 County; advising City officials concerning matters issues of discrimination; and conducting educational programs and disseminate information for further the committee’s policy to eliminate discrimination in the city. Applicants: Ashley Kuecker Mayor’s Recommendation: Ashley Kuecker Human Rights Committee Number of positions: 1 Position currently held by: (Kelley Tilmon’s vacancy) Term Length: 3 year Residency Requirement: No Purpose: The Committee has the power to investigate complaints alleging discrimination. Other programs include studying the existence, character and causes and extent of discrimination in employment, housing and public accommodations, property rights, education and public services; advising and providing a forum for those subjected to unfair and discriminatory practices in the City and County; advising City officials concerning matters issues of discrimination; and conducting educational programs and disseminate information for further the committee’s policy to eliminate discrimination in the city. Applicants: Joel Vargas (move from Student position to full member) Mayor’s Recommendation: Appoint Joel Vargas Park & Recreation Board Number of positions: 2 Positions currently held by: Duane Moe & June Eng Term Length: 5 year Residency Requirement: No Purpose: The Board provides advice to the Director of Parks, Recreation and Forestry to assist in fulfilling the administering of the public park system, recreation programs and city forestry program. The Board also advises the City Council and makes recommendations on matters regarding park capital improvements and planning. Duane Moe – Did not request reappointment Applicants: 1) Mayor’s Recommendation: Reappoint June Eng NEW APPOINTMENT ‐ PENDING Park & Recreation Board, Student Positions Number of positions: 2 Positions currently held by: Rebecca Anderson (high school) & Renae Kruetner (college) Term Length: 1 year Residency Requirement: No Other Requirements: 1 high school and 1 college student Purpose: The Board provides advice to the Director of Parks, Recreation and Forestry to assist in fulfilling the administering of the public park system, recreation programs and city forestry program. The Board also advises the City Council and makes recommendations on matters regarding park capital improvements and planning. City Council Packet April 28, 2009 37 Neither is eligible for reappointment COLLEGE Applicants: 1) David Leiferman – COLLEGE REP HIGH SCHOOL Applicants 1) Sam Dunkle 2) Devesh Kaushik 3) Kaithlin Kwashiewski 4) Yang Fuller 5) Emily Ingemansen Mayor’s Recommendations: David Leiferman – College Kaithlin Kwashiewski – High School Traffic Safety Committee Number of positions: 1 Position held by: Vacancy (Matthew Nelson’s position – Chamber rep) Membership: 13 Term: 3 years Residency: Required Purpose: The Committee is responsible to develop and implement coordinated traffic safety programs that meet local needs; promote public acceptance of official programs; foster public knowledge and support of traffic law enforcement and traffic engineering problems; and cooperate with city schools in promoting educational traffic safety aides. Applications on file: Carol Rettkowkski Mayor’s Recommendation: APPOINT Carol Rettkowski Visitor Promotions Committee Number of positions: 1 – Swiftel Center Committee Rep Membership: 11 (5 at‐large, 3 SDSU Student Association, 1 Chamber, 1 DBI,1 Swiftel Center Advisory Committee) Term: 3 years (limit of 2 full terms) Residency: Not Required Purpose: The Visitor Promotions Committee was created to attract out of town visitors for events with economic impact and to attract attention and the expenditures of out of town visitors to the City of Brookings and surrounding area and the VPC shall also provide marketing counsel and advice to the Director of the Brookings Area Convention and Visitors Bureau and the Brookings Area Chamber of Commerce Board of Directors. Mayor’s Recommendation: Appoint Rob Peterson, Swiftel Center Committee Representative Utility Board Number of positions: 1 Positions currently held by: Gail Robertson Term Length: 5 year Residency Requirement: yes Purpose: The Utility Board is an administrative body responsible for the management and control of the electric, water, wastewater and telephone utilities of the City of Brookings. Applicants: None Mayor’s Recommendation: Reappoint Gail Robertson City Council Packet April 28, 2009 38 #4 ‐ CONSENT AGENDA: C. Action on Resolution No. 35‐09 declaring surplus property ‐ One (1) 1994 Bobcat Skid Steer Loader. Attached Resolution 35‐09 is to declare a 1994 Bobcat Skid Steer Loader as surplus. The 1994 Bobcat will be replaced with a new Bobcat Skid Steer Loader. The City plans to sell the equipment by sealed bids at a later date this year. RESOLUTION NO. 35-09 DECLARING SURPLUS PROPERTY WHEREAS, the City of Brookings is the owner of the following described equipment formerly used at the City of Brookings Street Department: One (1) 1994 Bobcat Skid Steer Loader, Serial Number 512811052 WHEREAS, in the best financial interest, it is the desire of the City of Brookings to sell same as surplus property; WHEREAS, the City Manager hereby authorized to appoint three qualified appraisers to appraise the value of the property; NOW, THEREFORE, BE IT RESOLVED by the governing body of the City of Brookings, South Dakota, that this property be declared surplus property according to SDCL Chapter 6- 13. The 1994 Bobcat Skid Steer Loader will be replaced with a new S300 Bobcat Skid Steer Loader with Upgrade of A91 Auxiliary High Flow Option. Passed and approved this 28th day of April, 2009. _________________________________ Scott Munsterman, Mayor ATTEST: ___________________________ Shari Thornes, City Clerk City Council Packet April 28, 2009 39 #4 ‐ CONSENT AGENDA: D. Action on Resolution No. 36‐09 designating Pioneer Park from July 8‐July 13th for the Summer Arts Festival. Resolution No. 36-09 A Resolution Authorizing the Brookings Summer Festival Committee to Have Exclusive Use of Pioneer Park WHEREAS, the Brookings Summer Arts Festival will be held in Pioneer Park on July 8-13, 2009, and WHEREAS, the Summer Arts Festival Committee has requested the exclusive use and control of Pioneer Park and its facilities for said festival, plus additional days for preparation and take- down, and WHEREAS, the Summer Arts Festival Committee will provide evidence of liability insurance coverage including the City of Brookings as named insured, and WHEREAS, the Summer Arts Festival Committee has agreed to accept responsibility for the conduct of the Summer Festival on said premises, now therefore, BE IT HEREBY RESOLVED, that the use of Pioneer Park and its facilities as a public park shall terminate for the period of July 8 through July 13, 2009. BE IT FURTHER RESOLVED, that the City Council does hereby grant the exclusive use of Pioneer Park and its facilities during the Brookings Summer Arts Festival to the Summer Arts Festival Committee. FURTHER, IT IS RESOLVED, that the Summer Arts Festival Committee shall be responsible for maintaining said facilities and cleaning them and returning them to the City of Brookings in good condition following the festival. Passed and approved this 28th day of April 2009. CITY OF BROOKINGS Scott D. Munsterman, Mayor ATTEST: Shari Thornes, City Clerk City Council Packet April 28, 2009 40 #4 ‐ CONSENT AGENDA: E. Action on Resolution No. 37‐09 awarding bids for 2009‐06STI Chip Seal Project. This project is the chip seal project for the 2009 Project Area, which is located between 6th Street and 8th Street South, and east of Medary Avenue. Most of the streets within this project area will receive a chip seal application. Since the chip seal project areas have been changed from five sections to seven sections, a few of the streets within the 2009 area do not require a chip seal this year. This is an annual project, where the contractor places applies oil and city‐furnished pea rock chips to the streets. The City then sweeps up the excess chips a few days afterward, which are placed in a stockpile for use in the following year. This year, we are utilizing pea rock for the chip seal, as opposed to the quartzite chips that we had used in the past. This is a substantial cost savings since the cost of quartzite has risen considerably. The plans for this project were mailed to area contractors and 2 builders exchanges. The bid letting was held on April 21, 2009 and the City received the following bids: TopKote, Inc., Yankton, SD $187,800.00 Bituminous Paving, Inc., Ortonville, MN $281,100.00 The low base bid was approximately 12% lower than the engineer’s estimate of $210,600.00, and approximately 1% lower than the 2008 Chip Seal prices. The project also includes chip sealing the parking lot located east of Medary School, which will be paid for by the Brookings School District. Recommend awarding the contract to TopKote, Inc. of Yankton, SD for the low bid of $187,800.00. Resolution No. 37–09 Resolution Awarding Bids on Project 2009‐06STI ‐ Chip Seal Project Whereas, the City of Brookings opened bids for Project 2009‐06STI Chip Seal Project on Tuesday, April 21, 2009 at 1:30 pm at Brookings City Hall; and Whereas, the City of Brookings has received the following bids for Project 2009‐06STI Chip Seal Project: TopKote, Inc., Yankton, SD $187,800.00 Bituminous Paving, Inc., Ortonville, MN $183,900.00 Now Therefore, Be It Resolved that the low bid of Top Coat, Yankton, SD for the low bid of $187,800.00 be accepted. Passed and approved this 28th day of April 2009. CITY OF BROOKINGS ________________________________ Scott D. Munsterman, Mayor ATTEST: _________________________ Shari Thornes, City Clerk City Council Packet April 28, 2009 41 #4 ‐ CONSENT AGENDA: F. Action on Resolution No. 38‐09 awarding bids for 2009‐02STA Street Assessment Project. This project is a street assessment project that entails minor gravel shaping and asphalt paving for 15th Street South, approximately 700’ east of Medary, Christine Avenue from 15th Street South to the north approximately 350’ and Camelot Drive from 15th Street South to the north approximately 900’. These streets are located adjacent to the new Camelot Intermediate School site site. The City Council approved Resolution No. 27‐09, which authorized the City to proceed with the assessment project. The majority of the project costs will be assessed and the City will also pay for the extra width and thickness costs for 15th Street South, as well as an assessment cost for City frontage abutting Camelot Drive. Bids were opened on Tuesday, April 21, 2009 at 1:30 pm at Brookings City Hall and we received the following bids: Bowes Construction, Inc., Brookings, SD $171,684.71 The low bid of $171,684.71 was approximately 39% lower than the engineer’s estimate of $283,210.50. The asphalt and gravel bid prices were lower than the 2008 average bid prices, resulting in bid that was lower than the engineer’s estimate. Recommend awarding the project to Bowes Construction, Inc., Brookings, SD, for the low bid of $171,684.71. Resolution No. 38–09 Resolution Awarding Bids on Project 2009‐02STA 15th Street South, Camelot Drive and Christine Avenue Assessment Project Whereas, the City of Brookings opened bids for Project 2009‐02STA 15th Street South, Camelot Drive and Christine Avenue Assessment Project on Tuesday, April 21, 2009 at 1:30 pm at Brookings City Hall; and Whereas, the City of Brookings has received the following bids for Project 2009‐02STA 15th Street South, Camelot Drive and Christine Avenue Assessment Project: Bowes Construction, Inc., Brookings, SD $171,684.71 Now Therefore, Be It Resolved that the low bid of Bowes Construction, Inc., Brookings, SD, for $171,684.71 be accepted. Passed and approved this 28th day of April 2009. CITY OF BROOKINGS ________________________________ Scott D. Munsterman, Mayor ATTEST: ________________________ Shari Thornes, City Clerk City Council Packet April 28, 2009 42 #4 ‐ CONSENT AGENDA: G. Action on a request from Richard Schardin to abate a portion of the 2008 property taxes in the amount of $117.68 for a mobile home located at Western Estates Lot 714. County Assessor recommends approval. Richard Schardin has submitted an application to abate a portion of the 2008 property taxes in the amount of $117.68 for a mobile home located at Western Estates Lot 714. County Assessor recommends approval. City Council Packet April 28, 2009 44 #4 ‐ CONSENT AGENDA: H. Action on a request from the City of Brookings to abate a portion of the 2008 property taxes in the amount of $707.36 for property located at SE1/4, except S6R of SE1/4 SE1/4 SE1/4, and SE1/4 SW1/4 21‐110‐50 (90 acres/Nichols Land). County Assessor recommends approval. The City of Brookings has submitted an application to abate a portion of the 2008 property taxes in the amount of $707.36 for property located at SE1/4, except S6R of SE1/4 SE1/4 SE1/4, and SE1/4 SW1/4 21‐110‐50 (90 acres/Nichols Land). County Assessor recommends approval. The enclosed letter from the Director of Equalization addresses Consent Agenda Items H, I, J & K. She recommends approval of all items. City Council Packet April 28, 2009 46 #4 ‐ CONSENT AGENDA: I. Action on a request from the City of Brookings to abate a portion of the 2008 property taxes in the amount of $17.72 for property located at W25’ of S105’ of Lot 8, Block 2, First Addition, also known as 501 3rd Street (Law Office). County Assessor recommends approval. The City of Brookings has submitted an application to abate a portion of the 2008 property taxes in the amount of $17.72 for property located at W25’ of S105’ of Lot 8, Block 2, First Addition, also known as 501 3rd Street (Law Office). County Assessor recommends approval. City Council Packet April 28, 2009 47 #4 ‐ CONSENT AGENDA: J. Action on a request from the City of Brookings to abate a portion of the 2008 property taxes in the amount of $502.91 for property located at Lot 1, E10’ of Lot 2, Block 13, East Acres 2nd Addition, also known as 2150 Derdall Drive. County Assessor recommends approval. The City of Brookings has submitted an application to abate a portion of the 2008 property taxes in the amount of $502.91 for property located at Lot 1, E10’ of Lot 2, Block 13, East Acres 2nd Addition, also known as 2150 Derdall Drive. County Assessor recommends approval. City Council Packet April 28, 2009 48 #4 ‐ CONSENT AGENDA: K. Action on a request from the City of Brookings to abate a portion of the 2008 property taxes in the amount of $887.15 for property located at Lot 15, Block 12, East Acres Second Addition, also known as 368 22nd Avenue South. County Assessor recommends approval. The City of Brookings has submitted an application to abate a portion of the 2008 property taxes in the amount of $887.15 for property located at Lot 15, Block 12, East Acres Second Addition, also known as 368 22nd Avenue South. County Assessor recommends approval. City Council Packet April 28, 2009 49 #4 ‐ CONSENT AGENDA: L. Action to approve a Preliminary Plat of Lots 3A – 11A, Nelson Eighth Addition. PRELIMINARY PLAT Applicant: City of Brookings Proposal: Subdivide a large lot into 9 parcels Background: - This land is owned by the City of Brookings. It was originally platted into one lot containing 3.3 acres in 1998. In September 2008, the lot was rezoned to a low- density residential district. Specifics: The various elements of this residential subdivision plan are addressed below: Street Design: A short cul-de-sac is planned with the standard local street right-of- way width of 60 feet and a standard 60-foot radius bulb. Land Design: Eight lots abut the new street and all meet the minimum requirements of the zoning district regarding frontage width and lot area. A large lot along the east side will be retained by the city and used to convey stormwater runoff. Open Space: No open space is planned other than the area needed for stormwater drainage. Drainage Plan: Stormwater currently enters this area from a concrete valley gutter on the north side. It then flows south along the east side and through a culvert under 15th Street South. The City will be engineering the stormwater drainage plan. Grading Plan: Grading will likely involve elevating the land, where necessary, to direct runoff into the drainage channel. Recommendation: The Planning Commission voted 7 yes and 0 no to recommend approval of the preliminary plat. City Council Packet April 28, 2009 52 Planning Commission Brookings, South Dakota April 7, 2009 OFFICIAL MINUTES Chairperson David Kurtz called the regular meeting of the City Planning Commission to order on April 7, 2009 at 7:00 PM in the Community Room at City Hall. Members present were Al Gregg, Mike Cameron, Larry Fjeldos, Wayne Avery, Greg Fargen, Al Heuton, and Kurtz. John Gustafson and Stacey Howlett were absent. Also present were Community Development Director Mike Struck, Jim Weiss, City Engineer Jackie Lanning and Planning and Zoning Administrator Dan Hanson. Item #3 – The City of Brookings has submitted a Preliminary Plat of Lots 3A – 11A, Nelson Eighth Addition. (Gregg/Fargen) Motion to approve the preliminary plat subject to an approved preliminary drainage plan. All present voted aye. MOTION CARRIED. SUMMARY OF DISCUSSION Item #3 – Hanson stated that the parcel would be subdivided into 9 lots. Eight of the lots would be sold and one would be retained for drainage. There would a short cu-de-sac off 15th Street South that would serve 8 lots. A preliminary drainage plan would be developed by the city. City Council Packet April 28, 2009 53 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 28, 2009 54 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. 7. Ordinance No. 11‐09: An Ordinance Amending the Zoning Ordinance Pertaining to the Definition of a Public Transportation Facility in the City of Brookings, South Dakota. Public Hearing: May 12, 2009 Proposal: Expand an existing definition of a public transportation facility. Specifics: The additional language in the definition broadens the scope of this use and provides for a customary accessory use. The changes would not increase the intensity of use described by the original definition. Recommendation: The Planning Commission voted 7 yes and 0 no to recommend approval of the zoning amendment with a minor word change noted in the Minutes. This change has been incorporated into the ordinance. City Council Packet April 28, 2009 55 ORDINANCE NO. 11-09 An Ordinance Amending The Zoning Ordinance Pertaining To The Definition Of A Public Transportation Facility 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. 94-1. DEFINITIONS Public Transportation Facility: A place where the transfer of people between modes of transportation takes place or where a centralized dispatch of public transit vehicles occurs. This use may include facilities for the minor servicing of vehicles. II. All Ordinances In Conflict Herewith Are Hereby Repealed. First Reading: April 28, 2009 Second Reading and Adoption: May 12, 2009 Published: May 15, 2009 City Of Brookings, South Dakota __________________________________________ Tim R. Reed, Mayor ATTEST: __________________________________ Shari L. Thornes, City Clerk City Council Packet April 28, 2009 57 Planning Commission Brookings, South Dakota April 7, 2009 OFFICIAL MINUTES Chairperson David Kurtz called the regular meeting of the City Planning Commission to order on April 7, 2009 at 7:00 PM in the Community Room at City Hall. Members present were Al Gregg, Mike Cameron, Larry Fjeldos, Wayne Avery, Greg Fargen, Al Heuton, and Kurtz. John Gustafson and Stacey Howlett were absent. Also present were Community Development Director Mike Struck, Jim Weiss, City Engineer Jackie Lanning and Planning and Zoning Administrator Dan Hanson. Item #5 – The City of Brookings has submitted an amendment to the Zoning Ordinance pertaining to the definition of a public transportation facility. (Fjeldos/Cameron) Motion to approve the amendment. (Heuton/Gregg) Amendment to strike out “shall” and insert “may”. All present voted aye. MOTION CARRIED. The motion, as amended, was voted on. All present voted aye. MOTION CARRIED. SUMMARY OF DISCUSSION Item #5 – Hanson presented a modified definition of a “public transportation Facility” use. The new language would expand the type of facility that would be covered by the definition. City Council Packet April 28, 2009 58 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. 12‐09: An Ordinance Amending Chapter 72, Storm Drainage, of the Code Ordinances of the City of Brookings Pertaining to the Storm Drainage Fee With Certain Amendments Thereto. Public Hearing: May 12, 2009 The City occasionally receives requests regarding an incorrect calculation of a property owner’s drainage fee. The computer file that calculates the drainage fee is very large, as the file includes all parcels of property within the Brookings city limits. Each year, the engineering staff reviews the drainage fee calculations; however, occasionally an error occurs with a fee calculation. In the past, refunds have been issued to property owners when an error is brought to the attention of City staff. Staff has utilized the unwritten policy of refunding the current year’s refund amount, and two years prior (only if the fee was incorrect for the preceding two years). This ordinance will outline the length of time the refund may be issued. City Council Packet April 28, 2009 59 Ordinance 12‐09 An Ordinance Amending Chapter 72, Storm Drainage, Of The Code Of Ordinances Of The City Of Brookings Pertaining To The Storm Drainage Fee With Certain Amendments Thereto. Be It Ordained By The City Of Brookings That Chapter 72 Of The Code Of Ordinances Of The City Of Brookings Be Amended To Read As Follows: I. Sec. 72‐2. Collection. The storm drainage fee established in section 72‐1 shall be an annual charge. The first one‐half of such fee shall be due on May 1 and the second one‐half shall be due on November 1 of the same year, payable at the office of the county treasurer. These fees shall be remitted and paid to the city clerk of the city at least monthly by the county treasurer. Refund: Upon written request from a property owner, the City may issue a refund if the incorrect drainage fee has been charged to the property owner. The engineering department shall calculate the drainage fee and determine the amount of any refund owed to the property owner. The maximum refund the City may issue shall be the fee for the current year and the preceding two years. II. All Ordinances In Conflict Herewith Are Hereby Repealed. First Reading: April 28, 2009 Second Reading and Adoption: May 12, 2009 Published: May 15, 2009 City Of Brookings, South Dakota Tim R. Reed, Mayor ATTEST: __________________________________ Shari L. Thornes, City Clerk City Council Packet April 28, 2009 60 Second Readings/Public Hearings 9. Ordinance No. 10‐09 ‐ An Ordinance Requiring Sanitary Conditions For Animal Dwellings In The City Of Brookings, South Dakota. 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 28, 2009 61 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: April 7, 2009 Second Reading and Adoption: April 28, 2009 Published: May 1, 2009 CITY OF BROOKINGS, SOUTH DAKOTA Scott D. Munsterman, Mayor ATTEST: Shari L. Thornes, City Clerk City Council Packet April 28, 2009 62 Other Business 10. Action on Resolution No. 39‐09, a Resolution Approving Tax Incremental Project Plan Number One (TID #1) for the Innovation Campus. The City of Brookings approved Tax Incremental District Number One in May 2007. The purpose of the Tax Incremental District Number One is to offer tax increment financing as a tool to stimulate and leverage private sector development and redevelopment in an area at a much faster pace than might occur otherwise. South Dakota Codified Law 11‐ 9‐13 to 11‐9‐16 details the provisions for inclusion of a project plan for the tax incremental district. The Planning Commission recommended adoption of the Tax Incremental District Number One Project Plan at the April 7, 2009 Planning Commission meeting. Staff discussed the Planning Commission recommendations with the Project Plan consultants and revised sections of the Project Plan to be consistent with the Planning Commission’s intent. Staff also revised the Costs of Public Works or Improvements schedule by increasing the discretionary costs $500,000. The discretionary costs provide the city with the flexibility to assist other development opportunities within the tax incremental district without amending the project plan. South Dakota Codified Law 11‐ 9‐23 requires a redetermination of tax incremental base when project costs increase due to an amendment to the project plan. The Tax Incremental District Number One Project Plan is consistent with the statutory requirements of Chapter 11‐9 of South Dakota Codified Law. SDCL 11‐9‐17 requires the City Council adopt the project plan by resolution. The resolution adopting the project plan allows the City to proceed with implementing the provisions of Chapter 11‐9 Tax Incremental District. The Project Plan describes the methods in which the project will be financed and how the City will be reimbursed for the project costs. Action: Motion to Approve, request public comment, roll call City Manager Recommendation ‐ Approve City Council Packet April 28, 2009 63 RESOLUTION NO. 39‐09 Resolution Approving Tax Incremental Project Plan Number One WHEREAS, the Brookings Planning Commission has recommended the approval of the Tax Increment Plan, Tax Incremental District Number One; and WHEREAS, the City Council finds that all requirements have been met in order to approve said Tax Increment Plan. NOW THEREFORE, BE IT RESOLVED by the City Council 1. Approval of Project Plan. The project plan, a copy of which is on file with the City Clerk, is hereby approved. 2. Findings. The City Council finds that the project plan is feasible and that it conforms to the City’s master plan. All findings made in the tax increment plan are included herein by reference. 3. Effective 20 days after publication. This resolution shall become effective 20 days after publication and absent any challenge at law all findings and conclusions in the Tax Increment Plan for Tax Increment District Number One shall be final. Passed and approved this 28th day of April 2009. CITY OF BROOKINGS ____________________________________ Scott D. Munsterman, Mayor ATTEST: ___________________________________ Shari Thornes, City Clerk TAX INCREMENTAL DISTRICT NUMBER ONE, CITY OF BROOKINGS TAX INCREMENTAL PROJECT PLAN Tax Increment District One, City of Brookings, South Dakota Page 0 TABLE OF CONTENTS INTRODUCTION AND PURPOSE ..................................................................................................................................... 2 GENERAL DEFINITIONS AS USED IN THIS PLAN .............................................................................................................. 2 PROPERTY WITHIN THE TAX INCREMENT ZONE ............................................................................................................ 5 Listing Of Kind, Number, Location And Detailed Costs Of Proposed Public Works And Improvements. ...................... 5 Costs of Public Works or Improvements ................................................................................................................... 6 Expenditures exceeding Estimated Cost ................................................................................................................... 7 FEASIBILITY STUDY. ........................................................................................................................................................ 7 BLIGHT STUDY ............................................................................................................................................................... 7 DETAILED LIST OF ESTIMATED PROJECT COSTS ............................................................................................................. 7 FISCAL IMPACT STATEMENT .......................................................................................................................................... 7 METHOD OF FINANCING, TIMING OF COSTS AND MONETARY OBLIGATIONS .............................................................. 7 Maximum Amount of Note or Bonded Indebtedness ................................................................................................... 8 DURATION OF TAX INCREMENTAL PLAN ....................................................................................................................... 8 ESTIMATED IMPACT OF TAX INCREMENT FINANCING ON REVENUES OF TAXING JURISDICTIONS .............................. 8 CONDITIONS MAP, IMPROVEMENTS MAP, ZONING CHANGE MAP .............................................................................. 8 CHANGES TO THE CITY OF BROOKINGS MASTER PLAN, MAP, BUILDINGS CODES AND CITY ORDINANCES. ................ 8 LIST OF ESTIMATED NON‐PROJECT COSTS. ................................................................................................................... 9 STATEMENT OF DISPLACEMENT AND RELOCATION PLAN ............................................................................................ 9 PERFORMANCE BOND, SURETY BOND OR GUARANTY. ................................................................................................ 9 SCHEDULE 1 – "DETAIL OF PROJECT COSTS" ............................................................................................................... 11 SCHEDULE 2 – "ESTIMATED CAPTURED TAXABLE VALUES" ........................................................................................ 12 SCHEDULE 3 – “ECONOMIC FEASIBILITY STUDY” ......................................................................................................... 13 SCHEDULE 4. BLIGHT STUDY ....................................................................................................................................... 16 Section 1‐ Introduction ........................................................................................................................................... 16 Tax Increment District One, City of Brookings, South Dakota Page 1 Section 2 ‐ Study Area Boundary ............................................................................................................................ 16 Section 3 ‐ Establishing Blight ................................................................................................................................. 16 Section 4 ‐ History of the Study Area ...................................................................................................................... 17 Section 5 ‐ Study Area Description ......................................................................................................................... 17 Section 6 ‐ Conditions Within the Study Area ....................................................................................................... 199 Section 7 ‐ Findings within the Study Area – Analysis ............................................................................................ 20 Section 8 ‐ Conclusions ........................................................................................................................................... 20 SCHEDULE 5 ‐ “FISCAL IMPACT STATEMENT” .............................................................................................................. 21 FISCAL IMPACT STATEMENT‐ TAX INCREMENT DISTRICT NUMBER ONE ............................................................... 21 Introduction ....................................................................................................................................................... 21 Definitions .......................................................................................................................................................... 21 Assumptions: ...................................................................................................................................................... 21 FISCAL IMPACT: .................................................................................................................................................. 22 ATTACHMENT 1 ........................................................................................................................................................... 23 ATTACHMENT 2 ........................................................................................................................................................... 24 ATTACHMENT 3 ........................................................................................................................................................... 25 Tax Increment District One, City of Brookings, South Dakota Page 2 INTRODUCTION AND PURPOSE The purpose of this Plan, to be implemented by the City of Brookings, is to satisfy the requirements for a Tax Incremental District Plan Number One, City of Brookings as specified in SDCL Chapter 11‐9. There are 11 mandated requirements of the Plan, each to be addressed in this Plan. The principal purpose of the Plan is to define eligible property and to define a Tax Increment Plan for funding eligible activities of a functionally obsolete and blighted area of the City. This Plan was prepared for adoption by the City Council in recognition that the renewal area requires a coordinated, cooperative strategy, with financing possibilities, to eliminate the blight and prevent the spread of blight, and accomplish the City’s development objectives for improving the continued viability of public and private development in the City. The driving interest in the establishment of this Plan is to offer tax increment financing as a tool to stimulate and leverage private sector development and redevelopment, to help eliminate statutory defined blight, and to prevent the spread of such blight. Development and redevelopment in the area is anticipated to occur in the near future through public and private partnerships, with the potential for Tax Increment financing to provide the impetus and means to undertake this redevelopment at a faster pace than might occur otherwise. The development of commercial and residential property and to stimulate further economic development is an essential governmental purpose. GENERAL DEFINITIONS AS USED IN THIS PLAN The following terms found in this Plan have the following meanings: “Base” or “Tax Incremental Base” means the aggregate assessed value of all taxable property located within a Tax Incremental District on the date the district is created, as determined by SDCL § 11‐9‐20. "Blighted" means property that meets any of the following criteria: Any area, including slum area, in which the structures, buildings, or improvements, by reason of: (1) dilapidation, age, or obsolescence; (2) inadequate provisions for ventilation, light, air, sanitation, or open spaces; (3) high density of population and overcrowding; (4) the existence of conditions which endanger life or property by fire and other causes; or (5) any combination of such factors; Tax Increment District One, City of Brookings, South Dakota Page 3 are conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime, and which is detrimental to the public health, safety, morals, or welfare, is a blighted area 1 ; or Any area which by reason of: (1) the presence of a substantial number of substandard, slum, deteriorated, or deteriorating structures; (2) predominance of defective or inadequate street layouts; (3) faulty lot layout in relation to size, adequacy, accessibility, or usefulness; (4) unsanitary or unsafe conditions; (5) deterioration of site or other improvements; (6) diversity of ownership, tax, or special assessment delinquency exceeding the fair value of the land; (7) defective or unusual conditions of title; (8) the existence of conditions which endanger life or property by fire and other causes; or (9) any combination of such factors; substantially impairs or arrests the sound growth of a municipality, retards the provision of housing accommodations, or constitutes an economic or social liability and is a menace to the public health, safety, morals, or welfare in its present condition and use, is a blighted area 2 ; or Any area which is predominantly open and which because of obsolete platting, diversity of ownership, deterioration of structures or of site improvements, or otherwise, substantially impairs or arrests the sound growth of a municipality, is a blighted area.3 "City Councils" means the Brookings City Council. "City of Brookings" means Brookings, South Dakota, a home rule form of government. "Department of Revenue" means the South Dakota Department of Revenue. “District” means the Tax Incremental District. "Economic Development" means all powers expressly granted and reasonably inferred pursuant to SDCL §9‐54. "Fiscal year" means that fiscal year of the City of Brookings. 1 SDCL § 11‐9‐9 2 SDCL § 11‐9‐10 3 SDCL § 11‐9‐11. Tax Increment District One, City of Brookings, South Dakota Page 4 "Generally Applicable Taxes" shall have the same meaning as set forth in 26 CFR § 1.141‐4(e). "Governing body" means the Brookings City Council "Infrastructure Improvements" means a street, road, sidewalk, parking facility, pedestrian mall, alley, bridge, sewer, sewage treatment plant, property designed to reduce, eliminate, or prevent the spread of identified soil or groundwater contamination, drainage system, waterway, waterline, water storage facility, rail line, utility line or pipeline, or other similar or related structure or improvement, together with necessary easements for the structure or improvement, for the benefit of or for the protection of the health, welfare, or safety of the public generally. "Municipality" any incorporated city in this state. "Planning Commission" means the City Planning Commission. “Plan” means this Project Plan. “Project Costs” means any expenditure or monetary obligations by the City of Brookings, whether made, estimated to be made, incurred or estimated to be incurred, which are listed as Project Costs herein will include any costs incidental thereto but diminished by any income, special assessments, or other revenues, other than tax increments, received, or reasonably expected to be received, by the City of Brookings in connection with the implementation of this Plan. “Project Plan” means properly approved Plan for the development or redevelopment of a tax incremental district including all properly approved amendments thereto as recommended pursuant to SDCL § 11‐9‐13. "Public Works" means the acquisition by purchase or condemnation of real and personal property within the Tax Incremental District and the sale, lease, or other disposition of such property to private individuals, partnerships, corporations, or other entities at a price less than the cost of such acquisition which benefit or further the health, safety, welfare and economic development of the City. "Taxable Property" all real taxable property located in a Tax Incremental District; "Tax Incremental District" a contiguous geographic area within a City defined and created by resolution of the governing body and named City of Brookings Tax Incremental District Number One; "Tax Increment Valuation" is the total value of the Tax Incremental District minus the tax incremental base pursuant to § 11‐9‐19. “Tax Increment Law” means South Dakota Codified Laws Chapter 11‐9. Tax Increment District One, City of Brookings, South Dakota Page 5 PROPERTY WITHIN THE TAX INCREMENT ZONE The real property to be located within the Tax Increment District is legally described as follows: Description: NW 1/4 of Section 19‐T110N‐R49W NE 1/4, SW 1/4, excl. platted areas thereof, in Section 19‐T110N‐R49W Lot 3, Block 1, Telkamp Addition Lot 4, Block 1, Telkamp Addition Lot 5, Block 1, Telkamp Addition Lot 2, Block 2, Telkamp Addition Lowes First Addition Tract A, Block 13, Telkamp Addition Tract B, Block 13, Telkamp Addition Block 12, Telkamp Addition East 104.5 feet of Lot 1, Block 2, Telkamp Addition. (the “District”). LISTING OF KIND, NUMBER, LOCATION AND DETAILED COSTS OF PROPOSED PUBLIC WORKS AND IMPROVEMENTS 4 . In order to implement the provisions of SDCL Chapter 11‐9, the following are Project Costs and expenditures made or estimated to be made and the monetary obligations incurred or estimated to be incurred by the City. The Project Costs includes capital costs, financing costs, real property assembly costs, professional fee costs, imputed administration costs, relocation costs, organizational costs and discretionary costs, plus any costs incidental thereto, diminished by any income, special assessments, or other revenues, other than tax increments, received, or reasonably expected to be received, by the City. The City is working to develop an economic and competitive base to benefit the City and the State as a whole. All the Project Costs, land acquisition and professional fees, are found to be necessary and convenient to the creation of the Tax Incremental District and the implementation of the Tax Increment District. The City shall enter into all contracts in accordance with South Dakota law. A combination of private investment, public investment and tax increment recapture will assist progress toward the following additional objectives: • To address and remedy conditions in the area that impair or arrest the sound growth of the City; • To implement the Comprehensive Plan and its related element; • To redevelop and rehabilitate the area in a manner which is compatible with and complementary to unique circumstances in the area; • To effectively utilize undeveloped and underdeveloped land; 4 SDCL §11‐9‐13(1). Tax Increment District One, City of Brookings, South Dakota Page 6 • To improve pedestrian, bicycle, vehicular, and transit‐related circulation and safety; • To ultimately contribute to increased revenues for all taxing entities; • To encourage the voluntary rehabilitation of buildings, improvements, and conditions; • To watch for market and/or project opportunities to eliminate blight, and when such opportunities exist, to take action within the financial, legal and political limits of the Authority to acquire land, demolish and remove structures, provide relocation benefits, and pursue redevelopment, improvement and rehabilitation projects; and • To improve areas that is likely to enhance significantly the value of substantially all property in the district. COSTS OF PUBLIC WORKS OR IMPROVEMENTS In accordance with SDCL 11‐9‐13(1) & (3) the following is the kind, number, location and dollar amount of estimated Project Costs, costs of public works and improvements. Kind of Project Cost Number Location 5 Amount Reference 6 Capital Costs 11 In District $3,844,000* 11‐9‐14(1) Financing Costs 11‐9‐14(2) Real Property Assembly 11‐9‐14(3) Professional Fees $10,000 11‐9‐14(4) Administrative Costs 11‐9‐14(5) Relocation Costs 1‐9‐14(6) Organizational Costs $5,000 11‐9‐14(7) Discretionary Costs $1,000,000 11‐9‐14(8) Eligible Project Costs $4,859,000* *Eligible Project costs may be reallocated during the five years from creation of the TIF . The above total represents eligible Project Costs. 5District shall mean the Tax Increment District . 6SDCL §11‐9‐14 (1) Capital costs, including the actual costs of the construction of public works or improvements, buildings, structures, and permanent fixtures; the demolition, alteration, remodeling, repair, or reconstruction of existing buildings, structures, and permanent fixtures; the acquisition of equipment; the clearing and grading of land; and the amount of interest payable on tax incremental bonds or notes issued pursuant to this chapter until such time as positive tax increments to be received from the district, as estimated by the Project Plan, are sufficient to pay the principal of and interest on the tax incremental bonds or notes when due; (2) Financing costs, including all interest paid to holders of evidences of indebtedness issued to pay for Project Costs, any premium paid over the principal amount thereof because of the redemption of such obligations prior to maturity and a reserve for the payment of principal of and interest on such obligations in an amount determined by the governing body to be reasonably required for the marketability of such obligations; (3) Real property assembly costs, including the actual cost of the acquisition by a municipality of real or personal property within a tax incremental district less any proceeds to be received by the municipality from the sale, lease, or other disposition of such property pursuant to a Project Plan; (4) Professional service costs, including those costs incurred for architectural, planning, engineering, and legal advice and services; (5) Imputed administrative costs, including reasonable charges for the time spent by municipal employees in connection with the implementation of a Project Plan; (6) Relocation costs; (7) Organizational costs, including the costs of conducting environmental impact and other studies and the costs of informing the public of the creation of tax incremental districts and the implementation of project plans; and (8) Payments made, at the discretion of the governing body, which are found to be necessary or convenient to the creation of tax incremental districts or the implementation of project plans. Tax Increment District One, City of Brookings, South Dakota Page 7 EXPENDITURES EXCEEDING ESTIMATED COST Any expenditures which in sum would exceed the total amount stated above will require an amendment of this plan. All amendments are undertaken pursuant to SDCL §11‐9‐23. When the expenditures are increased above the total above, the Department of Revenue will be required to reset the base, in accordance with SDCL §11‐9‐23. FEASIBILITY STUDY.7 An economic feasibility study is attached as Schedule 3. BLIGHT STUDY Not less than 25% of the area within the proposed district is blighted and in need of redevelopment as indicated in the Blight Study attached as Schedule 4. DETAILED LIST OF ESTIMATED PROJECT COSTS 8 Attached as Schedule 1 is a detailed list of estimated Project Costs. No expenditure for Project Costs is provided for more than five years after the district. FISCAL IMPACT STATEMENT 9 Attached as Schedule 5 is the Fiscal Impact Statement on other taxing districts found within the Tax Increment District, both until and after the bonds are repaid. METHOD OF FINANCING, TIMING OF COSTS AND MONETARY OBLIGATIONS 10 Project Costs shall be paid by the City. There shall be multiple advances by the City. The City will reimburse for employee time and expense from the tax increment fund. 7 SDCL §11‐9‐13(2) 8 SDCL §11‐9‐13(3) 9 SDCL § 11‐9‐13(4). 10 SDCL § 11‐9‐13(5) Tax Increment District One, City of Brookings, South Dakota Page 8 MAXIMUM AMOUNT OF NOTE OR BONDED INDEBTEDNESS The City intends to issue no bonded indebtedness payable from the tax increment fund. The City will provide for the improvements through general funds and pay itself back through tax increment revenue. DURATION OF TAX INCREMENTAL PLAN The duration of the Plan will extend to the number of years it will take for the retirement of bonded indebtedness except that the Plan duration shall not exceed 20 years from the date of creation of the District. ESTIMATED IMPACT OF TAX INCREMENT FINANCING ON REVENUES OF TAXING JURISDICTIONS The site will generate taxes to the local jurisdictions at or above the assessed of the Base. All taxing districts shall receive that base which was established in 2007. The tax increment will be available to the taxing jurisdictions at or before 20 years after at the creation of the District. Schedule 3 details the tax capture implications to each of the local taxing jurisdictions. After the repayment of the bonds, taxing entities will receive their proportionate share of tax dollars for the base value and the tax incremental values. CONDITIONS MAP 11 , IMPROVEMENTS MAP 12 , ZONING CHANGE MAP 13 The conditions map is attached as Attachment 1. The Improvements map is attached as Attachment 2. The Zoning Change Map is attached as Attachment 3. CHANGES TO THE CITY OF BROOKINGS MASTER PLAN, MAP, BUILDINGS CODES AND CITY ORDINANCES 14 . The City has made changes in the master plan, map, building codes and City ordinances as indicated on Attachment 3. 11 SDCL § 11‐9‐16(1) 12 SDCL § 11‐9‐16(2) 13 SDCL § 11‐9‐16(3) 14 SDCL §11‐9‐16(4) Tax Increment District One, City of Brookings, South Dakota Page 9 LIST OF ESTIMATED NON‐PROJECT COSTS 15 . The following is a list of the projected non‐Project Costs. Research and technology buildings and facilities in an amount not determinable at this time. STATEMENT OF DISPLACEMENT AND RELOCATION PLAN 16 No residents or families will be displaced by the Project. There are no families or persons residing on the premises. Therefore, no relocation Plan is needed. PERFORMANCE BOND, SURETY BOND OR GUARANTY. As security for its fulfillment of the agreement with the governing body, a purchaser or lessee of redevelopment property shall furnish a performance bond, with such surety and in such form and amount as the governing body may approve or make such other guaranty as the governing body may deem necessary in the public interest. 15 SDCL §11‐9‐16(5) 16 SDCL § 11‐9‐16(16) Tax Increment District One, City of Brookings, South Dakota Page 10 LIST OF SCHEDULES SCHEDULE 1 Detail of Project Costs SCHEDULE 2 Estimated Captured Taxable Values SCHEDULE 3 Economic Feasibility Schedule SCHEDULE 4 Blight Study SCHEDULE 5 Fiscal Impact Statement ATTACHMENTS Attachment 1. Map and Legal Description and existing uses and conditions Attachment 2. Map of Real property Improvement and uses Attachment 3. Map of proposed changes in zoning ordinances Tax Increment District One, City of Brookings, South Dakota Page 11 SCHEDULE 1 – "DETAIL OF PROJECT COSTS" The project contains 8,732 linear feet of infrastructure and two on-site storm water retention ponds. This project provides for complete infrastructure for a 125 acre research/technology park adjacent to SDSU in Brookings. The park contains 32 parcels averaging 2.9 acres each. Phase I infrastructure is under construction as is the first building, a 28,000 square foot business incubator building. SCHEDULE 2 – "ESTIMATED CAPTURED TAXABLE VALUES" BASE‐ESTIMATED TAXES THAT WILL GO TO TAXING DISTRICTS DURING TIF INCREMENT‐ESTIMATED TAXES THAT WILL GO TO TAX INCREMENT FUND DURING TIF Equalized 94% Construction Year Valuation Year Revenue Year Accumulated Positive Valuation Increment City Mill Rate School Mill Rate County Mill Rate Total Mill Rate Total Increment Total Increment for Debt Service 2007 2008 2009 1,335,300.00$ 2.54 15.77 4.74 23.05 29,055.06$ 29,055.06$ 2008 2009 2010 -$ 2.54 15.77 4.74 23.05 -$ 29,055.06$ 2009 2010 2011 2,000,000.00$ 2.54 15.77 4.74 23.05 43,518.40$ 72,573.46$ 2010 2011 2012 2,000,000.00$ 2.54 15.77 4.74 23.05 43,518.40$ 116,091.86$ 2011 2012 2013 2,000,000.00$ 2.54 15.77 4.74 23.05 43,518.40$ 159,610.26$ 2012 2013 2014 2,000,000.00$ 2.54 15.77 4.74 23.05 43,518.40$ 203,128.66$ 2013 2014 2015 -$ 2.54 15.77 4.74 23.05 -$ 203,128.66$ 2014 2015 2016 -$ 2.54 15.77 4.74 23.05 -$ 203,128.66$ 2015 2016 2017 -$ 2.54 15.77 4.74 23.05 -$ 203,128.66$ 2016 2017 2018 -$ 2.54 15.77 4.74 23.05 -$ 203,128.66$ 2017 2018 2019 -$ 2.54 15.77 4.74 23.05 -$ 203,128.66$ 2018 2019 2020 -$ 2.54 15.77 4.74 23.05 -$ 203,128.66$ 2019 2020 2021 -$ 2.54 15.77 4.74 23.05 -$ 203,128.66$ 2020 2021 2022 -$ 2.54 15.77 4.74 23.05 -$ 203,128.66$ 2021 2022 2023 -$ 2.54 15.77 4.74 23.05 -$ 203,128.66$ 2022 2023 2024 -$ 2.54 15.77 4.74 23.05 -$ 203,128.66$ 2023 2024 2025 -$ 2.54 15.77 4.74 23.05 -$ 203,128.66$ 2024 2025 2026 -$ 2.54 15.77 4.74 23.05 -$ 203,128.66$ 2025 2026 2027 -$ 2.54 15.77 4.74 23.05 -$ 203,128.66$ 9,335,300.00$ Present Value of Revenue Stream 3.00% 2,389,193.54$ Assumptions 1. Current Tax Increment District has a positive increment of $1,335,300 2. The Den Wil project will be built in 2009, payable in 2011. $8,000,000 was used for increased valuation 3. The discretionary was formula taken into account on a 25%-%50%-75% basis, starting in 2011 for taxes payable 4. Den Wil was the only new development used for projection purposes 5. Any positive increment, in addition to Den Wil, will go towards TIF debt Note: These numbers are for projection purposes only and do not reflect what the actual number(s) may be. The projection numbers are based on assumptions provided by the developer. Projected Revenue for Tax Increment District #1 Base Value Non Ag. Z Payable in 2009 10,481,800.00$ Tax Increment District One, City of Brookings, South Dakota Page 12 SCHEDULE 3 – “ECONOMIC FEASIBILITY STUDY” The City of Brookings has been approached concerning the development of a research park adjacent to South Dakota State University. An essential component of the City’s participation is City funding for certain Project Costs (“Project Costs”) needed to support the Project (or any other comprehensive redevelopment of the site), all of which is currently estimated to cost in excess of . The City is paying the project costs pursuant to (SDCL 11‐9‐30) and intends to be reimbursed through positive tax increment pursuant to SDCL (11‐9‐32). If the Tax Increment District #1 dissolves prior to full reimbursement, the City will not be reimbursed for the remaining outstanding balance. Tax Increment District One, City of Brookings, South Dakota Page 13 In tax increment financing, the current real property tax assessed value of all properties in a designated project area (“tax increment financing district”) is established as the “base value.” As development in the tax increment financing district increases the assessed values of the redeveloped properties, a portion of the additional tax revenue generated by the increase in assessed value over the base value is set aside and committed by the City for debt service on tax increment bonds, the proceeds of which would be used for the construction of the Project Costs. Tax Increment District One, City of Brookings, South Dakota Page 14 Use of a Tax increment fund is permitted only in connection with a “Project Plan” duly adopted by the City. The process is set forth in the Tax Increment District Law, and is generally as follows: • Any person may request the City Council to designate a tax increment financing district. The request may be through a formal application process, or a presentation to the City Council. Upon receiving any request, the City Council determines preliminary feasibility of the project. This preliminary feasibility determination includes fiscal, legal and political considerations. • If it is determined feasible, the City Council directs staff or the Planning Commission to initiate the process. The Planning Commission then sets a proposed hearing date and starts the notice procedure. • Notice of the intent to create a Tax Increment District is published and sent to all taxing districts not less than 10 days prior to the hearing. • The Planning Commission holds a hearing and allows members of the general public to comment upon the proposed creation of a Tax Increment District. At the end of the hearing, the Planning Commission may recommend the creation of the Tax Increment District to the City Council. The Planning Commission may also recommend a tax increment Project Plan and forward to the City Council for their determination. • The City Council places the recommendation on the agenda and at the public meeting may pass a resolution to create the Tax Increment District in accordance with the Tax Increment District Law. The resolution is published and becomes effective on the 21st day after publication, unless it is referred to a vote of the electors. This resolution may also approve the project plan. • After the resolution becomes effective, the Department of Revenue of the State of South Dakota is sent a letter requesting to determine the base. • After the Project Plan is approved, the City Council at any time may authorize the issuance of tax increment bonds “for the purpose of carrying out or administering a Project Plan”. The resolution would irrevocably pledge its tax increment revenues to the debt service on the City’s tax increment bonds. (See Tax Increment District Law Section 11‐9‐37). • The City has five years to spend tax increment revenues or bond proceeds on or for Project Costs. Estimated Tax Increment Fund Balance is as follows: Equalized 94% Construction Year Valuation Year Revenue Year Accumulated Positive Valuation Increment City Mill Rate School Mill Rate County Mill Rate Total Mill Rate Total Increment Total Increment for Debt Service 2007 2008 2009 1,335,300.00$ 2.54 15.77 4.74 23.05 29,055.06$ 29,055.06$ 2008 2009 2010 -$ 2.54 15.77 4.74 23.05 -$ 29,055.06$ 2009 2010 2011 2,000,000.00$ 2.54 15.77 4.74 23.05 43,518.40$ 72,573.46$ 2010 2011 2012 2,000,000.00$ 2.54 15.77 4.74 23.05 43,518.40$ 116,091.86$ 2011 2012 2013 2,000,000.00$ 2.54 15.77 4.74 23.05 43,518.40$ 159,610.26$ 2012 2013 2014 2,000,000.00$ 2.54 15.77 4.74 23.05 43,518.40$ 203,128.66$ 2013 2014 2015 -$ 2.54 15.77 4.74 23.05 -$ 203,128.66$ 2014 2015 2016 -$ 2.54 15.77 4.74 23.05 -$ 203,128.66$ 2015 2016 2017 -$ 2.54 15.77 4.74 23.05 -$ 203,128.66$ 2016 2017 2018 -$ 2.54 15.77 4.74 23.05 -$ 203,128.66$ 2017 2018 2019 -$ 2.54 15.77 4.74 23.05 -$ 203,128.66$ 2018 2019 2020 -$ 2.54 15.77 4.74 23.05 -$ 203,128.66$ 2019 2020 2021 -$ 2.54 15.77 4.74 23.05 -$ 203,128.66$ 2020 2021 2022 -$ 2.54 15.77 4.74 23.05 -$ 203,128.66$ 2021 2022 2023 -$ 2.54 15.77 4.74 23.05 -$ 203,128.66$ 2022 2023 2024 -$ 2.54 15.77 4.74 23.05 -$ 203,128.66$ 2023 2024 2025 -$ 2.54 15.77 4.74 23.05 -$ 203,128.66$ 2024 2025 2026 -$ 2.54 15.77 4.74 23.05 -$ 203,128.66$ 2025 2026 2027 -$ 2.54 15.77 4.74 23.05 -$ 203,128.66$ 9,335,300.00$ Present Value of Revenue Stream 3.00% 2,389,193.54$ Assumptions 1. Current Tax Increment District has a positive increment of $1,335,300 2. The Den Wil project will be built in 2009, payable in 2011. $8,000,000 was used for increased valuation 3. The discretionary was formula taken into account on a 25%-%50%-75% basis, starting in 2011 for taxes payable 4. Den Wil was the only new development used for projection purposes 5. Any positive increment, in addition to Den Wil, will go towards TIF debt Note: These numbers are for projection purposes only and do not reflect what the actual number(s) may be. The projection numbers are based on assumptions provided by the developer. Projected Revenue for Tax Increment District #1 Base Value Non Ag. Z Payable in 2009 10,481,800.00$ Since the City is reimbursing itself through collected tax increment, the plan is feasible. The City will collect only such tax increments as are collected in the tax increment fund. The above sheet is only an estimate and will be subject to actual collections. This document has represents the feasibility study required under Tax Increment District Law Section 11‐9‐13 (Subsections 2, 4 and 5). The study concludes that the proposed redevelopment project in the project area is feasible. Tax Increment District One, City of Brookings, South Dakota Page 15 Tax Increment District One, City of Brookings, South Dakota Page 16 SCHEDULE 4. BLIGHT STUDY SECTION 1‐ INTRODUCTION The City has been approached concerning the creation of a tax increment district located in the northern part of the city. In order to determine whether a tax increment district may be created, it has been recommended that city staff together with outside consultants conduct a study of the area to determine if conditions exist that meet the definitions of blight described in Title 11‐9 and allow consideration of a Tax Increment District to alleviate those conditions. If the City finds, by Resolution, that "blighted" conditions exist in not less than 25% of the area, it may after notification of affected taxing districts and after a public hearing to create a Tax Increment district. The Purpose of the study is to determine if impediments to development and other issues of blight exist, pursuant to state law, sufficient enough to warrant the creation of a district in the northern portion of the City. In addition to studying the subject area for the defined blighted conditions, staff has evaluated the area for the existence of assets or opportunities for private investment, as creation and reinvestment of TIF funds in a District depends primarily on new private investment generating new property taxes. Finally, staff reviewed the Study Area for localized physical and institutional impediments to investment in the study area. SECTION 2 ‐ STUDY AREA BOUNDARY The Study of Blight is broadly described as: Description: NW 1/4 of Section 19‐T110N‐R49W NE 1/4, SW 1/4, excl. platted areas thereof, in Section 19‐T110N‐R49W Lot 3, Block 1, Telkamp Addition Lot 4, Block 1, Telkamp Addition Lot 5, Block 1, Telkamp Addition Lot 2, Block 2, Telkamp Addition Lowes First Addition Tract A, Block 13, Telkamp Addition Tract B, Block 13, Telkamp Addition Block 12, Telkamp Addition East 104.5 feet of Lot 1, Block 2, Telkamp Addition SECTION 3 ‐ ESTABLISHING BLIGHT South Dakota law describes a blighted area as one that contains a set of conditions which constitute blight. There are three statutory areas of blight: SDCL § 11‐9‐9 Any area, including slum area, in which the structures, buildings, or improvements, by reason of: (1) Dilapidation, age, or obsolescence; (2) Inadequate provisions for ventilation, light, air, sanitation, or open spaces; (3) High density of population and overcrowding; (4) The existence of conditions which endanger life or property by fire and other causes; or Tax Increment District One, City of Brookings, South Dakota Page 17 (5) Any combination of such factors; are conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime, and which is detrimental to the public health, safety, morals, or welfare, is a blighted area. SDCL § 11‐9‐10. Developed areas impairing growth defined as blighted. Any area which by reason of: (1) The presence of a substantial number of substandard, slum, deteriorated, or deteriorating structures; (2) Predominance of defective or inadequate street layouts; (3) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness; (4) Insanitary or unsafe conditions; (5) Deterioration of site or other improvements; (6) Diversity of ownership, tax, or special assessment delinquency exceeding the fair value of the land; (7) Defective or unusual conditions of title; (8) The existence of conditions which endanger life or property by fire and other causes; or (9) Any combination of such factors; substantially impairs or arrests the sound growth of a municipality, retards the provision of housing accommodations, or constitutes an economic or social liability and is a menace to the public health, safety, morals, or welfare in its present condition and use, is a blighted area. SDCL § 11‐9‐11. Any area which is predominantly open and which because of obsolete platting, diversity of ownership, deterioration of structures or of site improvements, or otherwise, substantially impairs or arrests the sound growth of a municipality, is a blighted area. Under South Dakota law the finding of blight may be made based upon a single factor found in SDCL § 11‐9‐9, 11‐ 9‐10 or 11‐9‐11. SECTION 4 ‐ HISTORY OF THE STUDY AREA The study area is comprised of a commercial, multi family and state educational area. A majority of the area is non developable without direct action by the South Dakota Legislature. The City has initiated a development plan whereby it intends to expand into the geographical area and provide infrastructure improvements where private developers will not. SECTION 5 ‐ STUDY AREA DESCRIPTION An open area with inadequate street layouts, no sewer, water or fire control improvements, which, due to geographical limitations, substantially arrests the sound growth of a municipality, constitutes an economic or social liability and is a menace to welfare of the City in its present condition and use. Tax Increment District One, City of Brookings, South Dakota Page 18 Area contains substantial diversity of ownership which substantially impairs and arrests the sound growth of a municipality Tax Increment District One, City of Brookings, South Dakota Page 19 SECTION 6 ‐ CONDITIONS WITHIN THE S TUDY AREA Infrastructure Public Utilities Sewer‐ Analysis of the City of Brookings Sanitary Sewer Maps reveals that the Study Area has limited wastewater coverage. Storm water – Analysis of the City of Brookings Sanitary Sewer Maps reveals that the Study Area has limited storm sewer coverage. Potable Water – Analysis of the City of Brookings Water Maps reveals that the Study Area has limited water coverage. Street & Sidewalk Condition – Analysis of the City of Brookings Street Maps reveals that the Study Area is in need of additional street and sidewalk infrastructure. Transportation According to the Engineering department, the District is in need of significant reconfiguration so that there is better control where traffic commercial users. Public Safety Fire – The City of Brookings Fire Department supplied information pertaining to life safety aspects within the study area. More than twenty‐five percent of the District does not meet fire safety standards. Demographic Character of the Study Area There exists population in less than 25 % of the study area. Tax Generation from the Area The District currently generates limited taxes. More than twenty‐five percent of the District does not generate taxes sufficient to supply the required infrastructure improvements. Land Use and Planning Comprehensive Plan The Comprehensive plan suggests that public and private improvements are needed within the District. Zoning No modification of zoning is required in the District. Tax Increment District One, City of Brookings, South Dakota Page 20 SECTION 7 ‐ FINDINGS WITHIN THE STUDY AREA – ANALYSIS In accordance with State Law, the following addresses specific characteristics of blight found within the Study Area with corresponding portions of 11‐9‐10 and 11‐9‐11: Defective or inadequate street layout. For the most part, the streets in the Study Area are not adequate, according to the Engineering department, could benefit greatly from significant re‐configuration. Faulty lot layout in relation to size, adequacy, accessibility, or usefulness. Lots and blocks in the Study Area need to be laid out in not less than 25% of the area. Unsanitary or unsafe conditions. Some conditions within localized portions of the Study Area listed above achieve unsafe status due to life‐safety issues. The existence of conditions that endanger life or property by fire or other causes. Some conditions within localized portions of the Study Area listed above achieve unsafe status due to life‐safety issues. SECTION 8 ‐ CONCLUSIONS Based on the findings of this study, it is determined that the Study Area contains conditions defined as “blight”. Tax Increment District One, City of Brookings, South Dakota Page 21 SCHEDULE 5 ‐ “FISCAL IMPACT STATEMENT” FISCAL IMPACT STATEMENT‐ TAX INCREMENT DISTRICT NUMBER ONE INTRODUCTION The fiscal impact statement is intended to provide a succinct analysis of the estimated impact of the Tax Increment District to the public pursuant to SDCL § 11‐9‐13(4). It is not intended to rival the level of detail required by a detailed financial analysis. A fiscal impact statement shows the impact of the Tax Increment District, both until and after the City is repaid, upon all entities levying taxes upon property in the district. DEFINITIONS “Assumptions” means factors or definitions used in the fiscal analysis. Assumptions may include facts and figures identified by the District and educated guesses that are sometimes necessary when not all of the information is available. Assumptions are often used to extrapolate an estimate. Assumptions may include an estimate of tax levies of each taxing entity, the school aid formula contribution, the value of the real property, etc. "Base Revenues” means the taxes collected on the base value. “Fiscal Impact” means the increase or decrease in revenues and generally refers to an impact to revenues caused by the district. “Revenue” means ad valorem taxes. “Tax Increment District “ means City of Brookings, Tax Increment District Number One. “Taxing Districts” means all political subdivisions of the state which have ad valorem taxing power over property within the boundaries of the Tax Increment District. “Tax Increment Revenues" means all revenues above the Base Revenues. ASSUMPTIONS: 1. The property will have improvements which at completion will be valued for taxable purposes at $9,335,300. 2. The average tax levy of all taxing districts will be $23.03 per thousand dollars of taxable valuation. 3. Tax increment will start to be collected in 2009 and end in 2027. 4. Interest: None: 5. The discretionary formula: None. FISCAL IMPACT: The total fiscal impact upon the taxing entities during the term of the Tax Increment District is as follows: Taxing District will continue to receive taxes on approximately $10,481,000 of taxable value throughout the duration of the District. Estimated Base Value Construction Year Valuation Year Revenue Year Valuation Increment School Mill Rate* Yearly School Impact Cumulative Impact Present Value at 3% County Mill Rate Yearly County Impact Cumulative Impact Present Value at 3% 2007 2008 2009 1,335,300.00$ 3.50 4,673.55$ 4,673.55$ 4,537.43$ 4.74 6,329.32$ 6,329.32$ 6,144.97$ 2008 2009 2010 -$ 3.50 -$ 4,673.55$ 4,405.27$ 4.74 -$ 6,329.32$ 5,965.99$ 2009 2010 2011 2,000,000.00$ 3.50 7,000.00$ 11,673.55$ 10,682.95$ 4.74 9,480.00$ 15,809.32$ 14,467.77$ 2010 2011 2012 2,000,000.00$ 3.50 7,000.00$ 18,673.55$ 16,591.21$ 4.74 9,480.00$ 25,289.32$ 22,469.24$ 2011 2012 2013 2,000,000.00$ 3.50 7,000.00$ 25,673.55$ 22,146.23$ 4.74 9,480.00$ 34,769.32$ 29,992.32$ 2012 2013 2014 2,000,000.00$ 3.50 7,000.00$ 32,673.55$ 27,363.58$ 4.74 9,480.00$ 44,249.32$ 37,058.11$ 2013 2014 2015 -$ 3.50 -$ 32,673.55$ 26,566.59$ 4.74 -$ 44,249.32$ 35,978.75$ 2014 2015 2016 -$ 3.50 -$ 32,673.55$ 25,792.80$ 4.74 -$ 44,249.32$ 34,930.82$ 2015 2016 2017 -$ 3.50 -$ 32,673.55$ 25,041.56$ 4.74 -$ 44,249.32$ 33,913.42$ 2016 2017 2018 -$ 3.50 -$ 32,673.55$ 24,312.19$ 4.74 -$ 44,249.32$ 32,925.65$ 2017 2018 2019 -$ 3.50 -$ 32,673.55$ 23,604.07$ 4.74 -$ 44,249.32$ 31,966.65$ 2018 2019 2020 -$ 3.50 -$ 32,673.55$ 22,916.57$ 4.74 -$ 44,249.32$ 31,035.58$ 2019 2020 2021 -$ 3.50 -$ 32,673.55$ 22,249.10$ 4.74 -$ 44,249.32$ 30,131.64$ 2020 2021 2022 -$ 3.50 -$ 32,673.55$ 21,601.07$ 4.74 -$ 44,249.32$ 29,254.01$ 2021 2022 2023 -$ 3.50 -$ 32,673.55$ 20,971.91$ 4.74 -$ 44,249.32$ 28,401.96$ 2022 2023 2024 -$ 3.50 -$ 32,673.55$ 20,361.08$ 4.74 -$ 44,249.32$ 27,574.71$ 2023 2024 2025 -$ 3.50 -$ 32,673.55$ 19,768.04$ 4.74 -$ 44,249.32$ 26,771.57$ 2024 2025 2026 -$ 3.50 -$ 32,673.55$ 19,192.27$ 4.74 -$ 44,249.32$ 25,991.81$ 2025 2026 2027 -$ 3.50 -$ 32,673.55$ 18,633.27$ 4.74 -$ 44,249.32$ 25,234.77$ 9,335,300.00$ 490,123.90$ 358,103.89$ 663,767.80$ 510,209.75$ The school impact is calculated by the following: $3.00 for Capital Outlay $.30 for Pension $.20 for Special Ed. Assumptions 1. Current Tax Increment District has a positive increment of $1,335,300 2. The Den Wil project will be built in 2009, payable in 2011. $8,000,000 was used for increased valuation 3. The discretionary formula taken into account on a 25%-%50%-75% basis, starting in 2011 for taxes payable 4. Den Wil was the only new development used for projection purposes 5. Any positive increment, in addition to Den Wil, will go towards TIF debt Tax Increment District #1 - Impact on Local Jurisdictions Note: These numbers are for projection purposes only and do not reflect what the actual tax impact may be. The projection numbers are based on assumptions provided by the developer. * Note the full school levy is 15.77, but will only realize an impact of 3.50 per $1,000 of valuation. The difference is made up by the State of SD, holding the School's General Fund harmless 10,481,800.00$ Tax Increment District One, City of Brookings, South Dakota Page 22 ATTACHMENT 1 Tax Increment District One, City of Brookings, South Dakota Page 23 ATTACHMENT 2 (List of Real Property Improvements) Improvements are to be located and are shown below: 8,732 linear feet of infrastructure and two on-site storm water retention ponds. The Improvements shall be located in the real property described in Attachment 1 in the 192 acres of undeveloped property and is the highest and best use for the real property. Tax Increment District One, City of Brookings, South Dakota Page 24 ATTACHMENT 3 Zoning Changes The following map the property is currently zoned multi‐family and commercial. There will be no zoning changes with regard to the comprehensive plan, zoning designation, map, building codes or municipal ordinances. Tax Increment District One, City of Brookings, South Dakota Page 25 City Council Packet April 28, 2009 91 Planning Commission Brookings, South Dakota April 7, 2009 OFFICIAL MINUTES Chairperson David Kurtz called the regular meeting of the City Planning Commission to order on April 7, 2009 at 7:00 PM in the Community Room at City Hall. Members present were Al Gregg, Mike Cameron, Larry Fjeldos, Wayne Avery, Greg Fargen, Al Heuton, and Kurtz. John Gustafson and Stacey Howlett were absent. Also present were Community Development Director Mike Struck, Jim Weiss, City Engineer Jackie Lanning and Planning and Zoning Administrator Dan Hanson. Item #7 – The City of Brookings has submitted a Project Plan for Tax Increment District Number One. (Fjeldos/Gregg) Motion to approve the Plan. (Heuton/Avery) Amendment to the motion to approve the plan subject to the following: 1. That the Duration of the Plan shall not exceed 20 years, instead of 15 as stated on Page 8. 2. That the Economic Feasibility Study on page 14, paragraph 2 state that city funding for the public improvements should be supported by the tax revenues generated by the project and may also be supported by the general revenues of the city. All present voted aye, except Fjeldos voted no. AMENDMENT CARRIED. The motion, as amended, was voted on. All present voted aye, except Fjeldos voted no. MOTION CARRIED. Item #7 - Community Development Director Mike Struck stated the TID was created to attract future businesses. The proposed project plan had to be approved so that funds could be utilized to pay for the infrastructure improvements of an upcoming project. He added that the project plan costs would be secured primarily from taxes generated by a multi-housing and commercial development that was under construction. He noted that the Duration of the Tax Incremental Plan was for a 20 year period and not 15 as stated in the plan. City Council Packet April 28, 2009 92 Heuton noted that the project infrastructure costs were much higher than the total amount of the tax increment expected from the district. He felt this would not make the project feasible unless the city had the option of using general revenues to cover any shortfall. The plan language on Page 14 indicated that no general revenue funds would be used to service the debt. Struck noted that a $1.8 million State Revolving Fund loan would be used to pay off the loan. He added that the total estimated increment for debt service was $3.2 million. Hanson remarked that other developments within the TID would likely occur in the near future particularly on the 26 undeveloped, commercial acres north of Lowes. This would add additional tax dollars to pay off the debt. City Council Packet April 28, 2009 93 Other Business 11. Action on Resolution No. 40‐09, a Resolution for Approval of South Dakota State University Vehicular Wayfinding Plan. SDSU is planning to update the campus vehicular wayfinding signage this summer. The first phase of the wayfinding signage primarily pertains to the exterior of campus. All vehicular signage will conform to MUTCD standards and have break safe poles. SDSU is coordinating with the SDDOT for placement of signs along Highway 14 and Highway 14 Bypass. Where appropriate, vehicular wayfinding signage will be placed on university owned property. SDSU is requesting approval for placement of vehicular wayfinding signage in the public right away along 22nd Avenue, 11th Street, 8th Street N., and Medary Avenue. The Planning Commission and Traffic Safety Committee have reviewed and recommend approval of the SDSU wayfinding signage and gateway entrances plan. James Weiss, Project Manager for Facilities and Services Engineering at SDSU will be available to answer any questions. Summary of enclosures: • Draft Resolution • Vehicular Directional Sign Location Diagram • Sign Post Details • Brake Safe Sign Information • SDSU Vehicular Wayfinding Plan • SDSU Vehicular Signage Detail • SDSU Gateway Detail • April 7th Planning Commission Minutes • April 12th Traffic Safety Committee Minutes Action: Motion to Approve, request public comment, roll call City Manager Recommendation ‐ Approve City Council Packet April 28, 2009 94 Resolution No. 40-09 Resolution For Approval of South Dakota State University Vehicular Wayfinding Plan Whereas, South Dakota State University has submitted a request for vehicular wayfinding signage meeting MUTCD standards; and Whereas, it has been determined by the City of Brookings that the project is located within the public right-of-way; and Whereas, the project will meet all zoning and planning regulations and ordinances; and Therefore, be it resolved, that the City of Brooking duly authorizes South Dakota State University to erect vehicular wayfinding signage consistent with the South Dakota State University Campus Vehicular Wayfinding Plan dated March 2009. Passed and approved this 28th day of April 2009. CITY OF BROOKINGS ____________________________ Scott Munsterman, Mayor ATTEST: ________________________ Shari Thornes, City Clerk Pa th o f tra v el 90° Post should not obstruct sidewalk. Center of road Curb Grass Sidewalk 36"-48" Bottom edge of sign to have a minimum 7'-6" clearance above the ground. Place sign perpendicular to path of travel. Unobstructed view for a minimum of 100'. Initial sign should be located within 750' of destination or turn off major arterial to reach destination. Vehicular Directional Sign Location Diagram 2'-0"minimum from edge of curb to leading edge of sign unless other signs in vicinity are closer due to obstructions. Sign should be located 50' - 100' from decision point. Where a turn message is indicated on a 4 lane road the distance should be increased to 200' . Vehicular point of view This sign location diagram is intended as a general guideline only. All township codes, related specifications and site conditions should be reviewed and verified with appropriate township representatives prior to actual installation. TRANSPO INDUSTRIES, Inc. ®Break-Safe® Breakaway Sign Support System Saving Lives Omni-directional Breakaway Sign Support System Transpo’s Break-Safe®is an omni-directional breakaway support system for ground mounted signs located within roadside clear zones or other locations vulnerable to vehicular impacts. The system is designed to breakaway quickly and cleanly upon impact, thus saving lives and reducing property damage costs. Break-Safe couplings are omni- directional, meaning the system breaks away with consistent, predictable behavior regardless of the vehicles angle of impact. Break-Safe has been vehicle crash-tested resulting in a FHWA approval letter based on NCHRP report 350. In addition to superior safety performance, Break-Safe provides high structural load carrying capacity. New national signing standards specify increased sign sizes for visibility, in addition to increased wind load levels. These changes create a signiﬁcant increase in structural demands on sign supports. Break-Safe is designed to support a wide range of post sizes, up to and including the largest permitted by AASHTO. The ﬂexibility built into the system gives you many choices when selecting post types and sizes for speciﬁc applications. The Smart Solutions Company TRANSPO The Smart Solutions Company INDUSTRIES, Inc. ® Break-Safe® Omni-directional Breakaway Sign Support System Features and Advantages Omni-Directional Breakaway Performance – Accident research and ﬁeld experience have demonstrated that vehi- cles often leave the roadway and impact structures at high angles of incident. Break-Safe’s symmetrical coupling design allows the system to breakaway with consistent, pre- dictable behavior regardless of the vehicle’s angle of impact. This unique omni-directional capability exceeds FHWA and AASHTO requirements for impact performance. All Break-Safe models are FHWA-approved for use on the National Highway System (NHS). High Structural Capacity – Break-Safe is available in a variety of models, designed to support different sign con- ﬁgurations and post types. The high-strength coupling and L-bracket design provides increasing structural capacity as the size of the post increases. This unique feature offers unmatched load-carrying capacity, and accommodates many different post types for both single and multiple post conﬁgurations. Easy to Install and Maintain No special tools or equip- ment are required to proper- ly install and maintain Break-Safe. All components are easily secured using the American Institute of Steel Construction (AISC) Turn- of-Nut Tightening method, which eliminates the torque requirement typical with other systems. Model Selection: Break-Safe Model A Series: Break-Safe Model Post Type and Size AI4 4”, 5” Standard I-Beams AI6 W6x9 Wide Flange AP 3”, 3.5”, 4”, 4.5” O.D. Round Pipes AS 2.5”, 3”, 4”, 5” Square Tubes AU 4, 6, 8 lb Back-to-Back U-Channels Break-Safe Model B Series: Break-Safe Model Post Type and Size B525 6”, 8” Wide Flange B650 10”-21” Wide Flange 6”, 7”, 8” Square Tubes TESTED AND APPROVED TO NCHRP 350 Low Proﬁle – Break-Safe offers the lowest stub height after impact of any current breakaway system for signs. This is essential for maximum safety and allows for variations in foundation height. Break-Safe’s after-impact stub height is less than 25 mm (1 in) above the top of the foundation. U.S. Patent Nos. 4,528,786 and 5,596,845 20 Jones Street, New Rochelle, NY 10801 Tel. 914-636-1000 • Fax 914-636-1282 www.transpo.com • info@transpo.com 6/08 2K 900l/2 0 00 City Council Packet April 28, 2009 111 Planning Commission Brookings, South Dakota April 7, 2009 OFFICIAL MINUTES Chairperson David Kurtz called the regular meeting of the City Planning Commission to order on April 7, 2009 at 7:00 PM in the Community Room at City Hall. Members present were Al Gregg, Mike Cameron, Larry Fjeldos, Wayne Avery, Greg Fargen, Al Heuton, and Kurtz. John Gustafson and Stacey Howlett were absent. Also present were Community Development Director Mike Struck, Jim Weiss, City Engineer Jackie Lanning and Planning and Zoning Administrator Dan Hanson. Item 8 - (Heuton/Fargen) Motion to support the SDSU Campus Vehicular Wayfinding Plan. All present voted aye. MOTION CARRIED. SUMMARY OF DISCUSSION Item #8 – Jim Weiss, Project Manager for Facilities and Services Engineering at SDSU, presented an overview of the proposed wayfinding plan in and around the SDSU campus. Signage would be created that would be uniform in color and design. It would be used to direct students and visitors to buildings and parking areas. Other signs would be pedestrian oriented and include detailed maps of the campus. Specific gateway areas would have monument style signs. Signs would be placed adjacent to Highway 14 and the bypass, along 22nd Avenue and Medary Avenue and next to campus roadways. Weiss stated that MUTCD standards would be applied to the placement of all signs. Most of the signs would be in the boulevard area of the right-of-way. However, the gateway monument signs would likely be on SDSU property. The commission generally agreed that the wayfinding plan would provide clear directions for visitors and enhance the main entrances to campus. City Council Packet April 28, 2009 112 Unapproved Summary of Discussion BROOKINGS TRAFFIC SAFETY COMMITTEE Thursday, April 12, 2009 The Brookings Traffic Safety Committee held its monthly meeting on Friday, April 17, 2009, at 12:10pm in the City Hall community room. Members Present: Brad Whaley, Louis Skubic, Daryl Englund, , Skip Webster, Tim Heaton, Connie Bridges, Keith Bruinsma, Brian Leuders, Jackie Lanning, Bryan Gums and Becky Thompson. Members Absent: Dennis Bielfeldt, Matthew Nelson, Tim Heaton, and Dain Arns. Others Present: Property owners that were invited along the proposed SDSU Bike Route and 12th Avenue and 13th Avenues between 6th Street and 8th Street. Excerpt from Summary of Discussion: New Business: 1) Discussion of the SDSU Bike Lane Routes with potential removal of parking The Committee heard testimony from numerous people who own property along the proposed SDSU Bike Route, which is located on 8th Street, 3rd Avenue, 11th Street and Medary Avenue. There was positive feedback regarding the Bike Route concept, although several property owners were concerned about removing parking. The committee voted on each street separately as follows: Medary Avenue: Lanning/Whaley made a motion to allow keep the current parking and to designate a “Sharrow” bike lane. All present voted aye. 8th Street: Whaley/Gums made a motion to keep the current parking and to designate a “Sharrow” bike lane. All present voted aye. 3rd Avenue: Whaley/Webster made a motion to keep the current parking and to designate a “Sharrow” bike lane. All present voted aye. 11th Street: Thompson/Whaley made a motion to keep the current parking and to designate a “Sharrow” bike lane. All present voted aye. 2) Discussion of One-Way street designation for 12th Avenue and 13th Avenue from 6th Street to 8th Street The Committee heard testimony from numerous people who own property along 12th and 13th Avenues. Numerous property owners were concerned about the current parking situation. In general, the property owners felt 12th and 13th Avenues were congested because of the many vehicles that park along the two streets, the vehicles heading to and from campus, and street narrowing conditions during the winter time which made the congestion worse. The committee discussed the possibility of vehicles parking in different neighborhoods if parking were removed on 12th and 13th Avenue. Dean Kattleman, SDSU, stated that there was adequate parking on campus, and removal of parking may encourage people to park on campus. Webster/Whaley made a motion City Council Packet April 28, 2009 113 to remove parking and keep two-way traffic on 12th and 13th Avenues from 6th Street to 8th Street. All present voted aye. Motion carried. 3) Discussion of the SDSU Signage Plan Jim Weiss of SDSU presented the new way-finding signage plan for the campus. SDSU is planning to install signs near intersections around campus to promote way-finding, as well as upgrade the signs within campus. Lanning/Webster made a motion to support the SDSU way-finding signage plan provided the plan follows the MUTCD manual. All present voted aye. Motion carried. City Council Packet April 28, 2009 114 Other Business 12. Discussion and possible action to amend consulting contract for Airport Environmental Assessment with HELMS & Associates. The Draft Environmental Assessment (EA) document is nearly completed by consultants Helms and Associates and sub‐consultant HNTB. During the past several months, the consultants have been gathering information and revising the Draft Environmental Assessment document. This document must include all of the information required by the FAA before it is ready to go to public review. The draft EA encompasses detailed environmental information for both the runway realignment project at the current airport site as well as the new airport site in Trenton Township. There has been lengthy discussion with FAA and other agencies regarding certain key issues in the document, namely, wetlands and the Topeka shiner. Early in the process, it was likely that one of the options would not be a viable option. However, as the study has progressed, both options are still under consideration. The complexity and length of the Draft EA has taken much greater time for the consultants to complete the document. Helms and Associates have submitted Amendment Number 2 to the Agreement for Professional Services for the Dual Track Environmental Assessment Project, AIP #3‐46‐0005‐18‐2006, for consideration. The amendment outlines the additional meetings and tasks that have been necessary for the completion of the document. The amendment also includes the upcoming meetings, which are: • Two Airport Board Meetings • Two City Council Meetings • Public Open House • Public Hearing • Second Council Meeting (vote) Representatives from Helms and Associates and HNTB Corporation will be present to discuss the amendment and answer any questions. Action: Motion to Approve, request public comment, roll call City Manager Recommendation – Approve City Council Packet April 28, 2009 121 13. Adjourn.