HomeMy WebLinkAbout2009_05_12 CC PKTBrookings City Council
Tuesday, May 12, 2009
City Hall Council Chambers
311 Third Avenue
NO WORK SESSION
6:00 p.m. -- Council Meeting
Reception for Scott Munsterman & Ryan Brunner
The citizens of Brookings are cordially invited to attend a reception honoring
Mayor Scott Munsterman and Council Member Ryan Brunner for their dedicated
service to the City of Brookings. The reception will be held on
Tuesday, May 12, 2009 from 4:30 to 6:00 p.m.
5:00 p.m. Program
City Hall Community Room
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.
6:00 P.M. REGULAR MEETING
1. Call to order by Mayor Munsterman.
2. Pledge of Allegiance.
3. City Clerk records council attendance.
4. Oath of Office and Presentation of Certificate of Election as Mayor to Tim Reed by Mayor
Munsterman.
5. Oath of Office and Presentation of Certificate of Election as Council Member to John
Kubal and Tom Bezdichek by Mayor Reed.
6. Action to approve the following Consent Agenda Items *
A. Action to approve the agenda.
B. Action to approve minutes.
C. Action on Resolution No. 41-09, awarding bids for New Airport Fuel System.
D. Action on Resolution No. 42-09, awarding bids for 2009-08STI Street Maintenance Project –
Camelot School Bike Trail.
E. Action on Resolution No. 43-09, awarding bids for 2009-Sidewalk & Curb & Gutter
Replacement.
F. Action to cancel June 9th Council Meeting.
G. Action on Resolution No. 44-09, For Bike Trail Project POENH(147) PCN 00C2.
H. Action on Resolution No. 45-09, Authorizing Mayor to Sign Agreement for Voluntary Right
Of Way Donation for Mark Lyons.
I. Action on Resolution No. 46-09, Authorizing Mayor to Sign Agreement for Voluntary Right of
Way Donation for Daktronics, Inc.
J. Action on Resolution No. 47-09, Authorizing Mayor to Sign Agreement for Voluntary Right
Of Way Donation for Great Plains Lodging IV, LLC.
K. Action on Resolution No. 48-09, Authorizing Mayor to Sign Agreement for Voluntary Right
Of Way Donation for Shree Nathji, Inc.
L. Action on Resolution No. 49-09, Authorizing Mayor to Sign Agreement for Voluntary Right
Of Way Donation for Porter Apple Leasing, LLC.
Motion to approve, request public comment, roll call
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May 12, 2009
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* 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:
7. Presentation of the Annual Mayor’s Awards for Historic Preservation.
8. Open Forum.
9. SDSU Student Senate Report.
Ordinances – 1st Readings **
** No vote is taken on the first reading of ordinances. The title of the ordinance is read and the date
for the public hearing is announced.
Second Readings/Public Hearings
10. 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.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
11. 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.
Action: Motion to Approve, request public comment, roll call
12. Adjourn.
Brookings City Council
Scott Munsterman, Mayor
Tim Reed, Mayor-Elect
Mike Bartley, Council Member
Tom Bezdichek, Council Member
John Kubal, Council Member-Elect
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.
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May 12, 2009
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4. Oath of Office and Presentation of Certificate of Election as Mayor to Tim
Reed by Mayor Munsterman.
Mayor Munsterman will present Tim Reed with the Certificate of Election and Tim Reed
will read the following Oath of Office and be sworn in as Mayor. Tim Reed submitted
the enclosed letter of resignation as City Council member on April 26, 2009 effective on
May 12, 2009.
Brookings City Council
Oath of Office
I, Tim Reed, having been elected to the office of Mayor within and for
the City of Brookings, Brookings County, South Dakota, do solemnly
swear that I will support the Constitution of the United States and of
this State and the Brookings City Charter, and faithfully discharge the
duties of my office, and that I am not under direct or indirect obligation
to appoint or elect any person to any office, position, or employment
under the government of the City of Brookings.
Tim Reed
Subscribed and sworn to before me this twelfth day of May 2009.
Scott D. Munsterman, Mayor
5. Oath of Office and Presentation of Certificate of Election as Council Member
to John Kubal and Tom Bezdichek by Mayor Reed.
Mayor Reed will present John Kubal with the Certificate of Election and John
Kubal will read the following Oath of Office and be sworn in as City Council
Member.
Brookings City Council
Oath of Office
I, John Kubal, having been elected to the office of City Council Member within and for the City of
Brookings, Brookings County, South Dakota, do solemnly swear that I will support the Constitution
of the United States and of this State and the Brookings City Charter, and faithfully discharge the
duties of my office, and that I am not under direct or indirect obligation to appoint or elect any
person to any office, position, or employment under the government of the City of Brookings.
John Kubal
Subscribed and sworn to before me this twelfth day of May 2009.
Tim Reed, Mayor
Mayor Reed will present Tom Bezdichek with the Certificate of Election and
Tom Bezdichek will read the following Oath of Office and be sworn in as City
Council Member.
Brookings City Council
Oath of Office
I, Tom Bezdichek, having been elected to the office of City Council Member within and for the City of
Brookings, Brookings County, South Dakota, do solemnly swear that I will support the Constitution
of the United States and of this State and the Brookings City Charter, and faithfully discharge the
duties of my office, and that I am not under direct or indirect obligation to appoint or elect any
person to any office, position, or employment under the government of the City of Brookings.
Tom Bezdichek
Subscribed and sworn to before me this twelfth day of May 2009.
Tim Reed, Mayor
City Council Packet
May 12, 2009
6
CONSENT AGENDA #4
6. Action to approve the following Consent Agenda Items *
A. Action to approve the agenda.
B. Action to approve minutes.
C. Action on Resolution No. 41-09, awarding bids for New Airport Fuel System.
D. Action on Resolution No. 42-09, awarding bids for 2009-08STI Street
Maintenance Project – Camelot School Bike Trail.
E. Action on Resolution No. 43-09, awarding bids for 2009-Sidewalk & Curb &
Gutter Replacement.
F. Action to cancel June 9th Council Meeting.
G. Action on Resolution No. 44-09, For Bike Trail Project POENH(147) PCN
00C2.
H. Action on Resolution No. 45-09, Authorizing Mayor to Sign Agreement for
Voluntary Right Of Way Donation for Mark Lyons.
I. Action on Resolution No. 46-09, Authorizing Mayor to Sign Agreement for
Voluntary Right of Way Donation for Daktronics, Inc.
J. Action on Resolution No. 47-09, Authorizing Mayor to Sign Agreement for
Voluntary Right Of Way Donation for Great Plains Lodging IV, LLC.
K. Action on Resolution No. 48-09, Authorizing Mayor to Sign Agreement for
Voluntary Right Of Way Donation for Shree Nathji, Inc.
L. Action on Resolution No. 49-09, Authorizing Mayor to Sign Agreement for
Voluntary Right Of Way Donation for Porter Apple Leasing, LLC.
* Matters appearing on the Consent Agenda are expected to be non-controversial and will be acted upon by the
Council at one time, without discussion, unless a member of the Council or City Manager requests an opportunity
to address any given item. Items removed from the Consent Agenda will be discussed at the beginning of the
formal items. Approval by the Council of the Consent Agenda items means that the recommendation of the City
Manager is approved along with the terms and conditions described in the agenda supporting documentation.
Action: Motion to approve, request public comment, roll call
City Manager Recommendation: Approve
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May 12, 2009
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#6 - CONSENT AGENDA:
B. Action to approve minutes.
Draft minutes from the following City Council meetings are enclosed for Council review
and action: January 27, February 10, March 24, April 7, April 16, April 27, April 28.
City Council Packet
May 12, 2009
8
Brookings City Council
January 27, 2009
(unapproved)
The Brookings City Council held a meeting on Tuesday, January 27, 2009 at 4:00 p.m., at City
Hall with the following members present: Mayor Scott Munsterman, Council Members Julie
Whaley, Mike Bartley, Ryan Brunner, Tim Reed, Mike McClemans, and Tom Bezdichek. City
Manager Jeff Weldon, City Attorney Steve Britzman, and Deputy City Clerk Bonnie Foster
were also present.
Community Development Director. Mike Struck, the City’s new Community
Development Director, was introduced to the Council.
Snow Removal Fees and 72-Hour Parking Regulations. Council Member Whaley
expressed concerns with the number of cars still parked on the street with a snow
removal/parking ban in effect. She wondered if the current $25.00 ticket is enough, or if the
fees should be increased. Currently, snow plows plow around parked vehicles, and then re-
plow the street when the cars have been removed; this back-tracking needs to be eliminated.
Whaley would like to see immediate towing during a snow removal/parking ban. The public
needs to get their vehicles off of the streets the first time around, eliminating plowing the
streets after a snow fall event.
Whaley also expressed concerns with the city’s 72-hour parking lot located off of 3rd Avenue.
She has received some complaints regarding accesss to the Food Pantry. And, in her viewing of
this lot, it is evident that some vehicles have been parked there longer than the allotted
timeframe. She is aware there are a couple businesses that also utilize this lot, and proposed
talking to those businesses about renting a certain number of spaces for their use. Overall,
feels this lot needs to be better patrolled/regulated.
In regards to ticket fees during snow removal, Huron charges $50 and it raises in stages. She
sees Brookings as pretty lenient.
Brunner asked when and how the Snow Alert notification goes out, and who it all goes out to.
Weldon responded Street Supt., Koss Delfinis, makes the determination whether or not to
declare a snow emergency. Once a snow emergency is declared, the public is allotted six (6)
hours to get their vehicles off of all streets, not north/south or east/west specific. Plowing
starts on the snow emergency routes and continues until all street are done. Any vehicle still
on the street after the 6 hour initial time frame, is eligible to be ticketed. The decision to tow
is more speculative and done by the Police Dept. and Street Dept. There was no towing during
the first couple of snow falls this year, however by the third and fourth snow falls, towing
operations were intensified in the areas where there were significant problems with doing a
good job with snow removal. The next snow emergency will involve more comprehensive
towing. The city’s Towing policy lists vendors on a rotating list and the towing fees are paid to
the towers, not the city, as well as impound fees. Public Service Announcements are sent out
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May 12, 2009
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to media, posted on the City’s Website and also posted on the City’s Government Channel,
Medicacom Channel 9.
Brunner stated SDSU does an email blast that is sent out campus-wide and includes local media.
Could the city send an email to campus if a snow emergency is declared? During the last snow
emergency, Weldon stated SDSU did sent out a notice of the city’s snow emergency/parking
ban. The City also has a recorded snow line (696-SNOW) the public can call to hear a
prerecorded message of any snow advisories/parking bans, etc. Weldon stated the email blast
with SDSU should be able to occur with every snow event.
Council Member Reed asked if the city had a twitter account, as if that could be used to send
out news-related events.
Weldon commented there is basis to raise the fees, however, in the best interest of the public,
those fees should not be raised in the winter. Weldon asked that this discussion come back to
a meeting in the summer months, for increased to go into effect for the next snow season.
Munsterman would like staff to come up with a recommendation on how to better regulate the
use of the 72-hour parking lots. He feels both the parking ban fees and 72-hour parking lot
regulation could be addressed at a budget session next summer.
Brookings Health Systems. Council Member Bartley read the following report: “He stated
that he had asked for some time on the agenda to give some background information on some
research he’s done related to the Brookings Health System and health care in general in the
community. He wants to present some comments this evening. This past summer, the Brookings
Health Board System presented at a joint meeting with the City Council their future plans for the
Brookings Hospital and Health Care System. At that meeting, he posed several questions regarding the
future of health care in Brookings and expressed his thoughts that the Hospital more than likely would
not be independently owned by the City 10 years from now with the changes in health care. He
expressed the idea of leveraging, partnering the assets of the Hospital more effectively and timely
achieve some goals set by the board, and the board indicated at that meeting that they had done some
very hard work and their desire to continue with the plans they have put a lot of time and resources
into. Because the hospital system plans included building a new nursing home, he requested a meeting
with the United Retirement Center Board of Directors to gauge their interest in a joint look at the city
providing our health care needs. He invited City Manager, Jeff Weldon, to attend that meeting with
him. At the end of that particular meeting with URC, they indicated they’d be receptive to any
subsequent meetings or talks. At that time Mayor Munsterman was following a parallel track with the
South Dakota Dept. of Social Services on a state-wide long-term care study. The Mayor organized a
meeting with interested parties, and at that time the BEDC Executive Director, Al Heuton, was asked to
establish a committee to study that issue for the city. The Hospital Board had a subsequent meeting
agreed to help fund that local study. That committee is now in the final phase of selecting a consulting
firm for the study, that now also includes a look at other needs for seniors in the future or a little
broader brush stroke. These health care needs are certainly related, they require different approaches
as it may relate to different partnerships in the future and different needs and desires. After that, he
had subsequent meetings with the Hospital Administrator expressing his desire to further explore the
plans the hospital had made and to expand on the idea of a partnership with the regional health care
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system. In trying to further leverage the city’s hospital assets to achieve a synergy of health care that
we as a city possibly could not afford to do in today’s financial climates and medical financial climates.
For his own interest, he set up a meeting with several local citizens, invited the City Manager, some City
Council members, some Hospital Board members, BEDC Exec. Director, and Hospital Administrator. At
that meeting the Brookings Health Systems plans were presented by Vern Carda, Hospital
Administrator, along with his thoughts of leveraging more partnership opportunities. Very healthy
discussion followed that helped form a conclusion for him…that the group wanted to insure continued
excellent health care using our franchise and indeed all our resources to effect in a more timely fashion
the best health care for the citizens of Brookings and surrounding area in the future. He asked for the
Hospital Administrators help in arranging a meeting with 2 of the regional health care systems in our
area to discuss such a approach to future health care. One system had agreed to a meeting and the
other declined at this time. The one meeting was held with four executives from the regional hospital,
and at Bartley’s invitation 3 Hospital Board Members, 2 City Council Members. There was 1 other
invited member who could not attend. Additionally the City Manager and Hospital Administrator were
invited. In short, conclusions he took from that 2-hour visit was that the regional hospital would work
with the City Council along with the Hospital Board to explore all possible options and to ensure
excellent health care delivery for the Brookings area. Why look now? What is the landscape out there
for health care? The Hospital Board certainly has a handle on it and knows what’s going on in those
areas. The Brookings community forefathers were certainly diligent in providing health care
opportunities for our area at a time when communities basically needed to build hospitals to ensure
health care delivery in their communities. There weren’t any large health care systems. The City
Council shares those responsibilities still today as we look forward the next generation of health care.
There will be challenges and opportunities for growth as long as the health care needs grow and change
and evolve. The formation and appointment of the Hospital Board was designed to provide for
community input and management of the Hospital. However, they were not charged with any directive
concerning ownership of the Hospital. That responsibility lies solely with the City Council. The recent
vacancy in the Administrative position along with the Hospital Board’s desire to improve their services,
we need to ask the question how best to utilize that Hospital asset for the future of health care in the
Brookings area. The Brookings Hospital services the Brookings area, not just the City of Brookings.
There are other market areas – the Marshall Hospital. They have some plans to leverage their hospital
facility and they are completing those as we meet tonight even…with a regional health care system
that provides a road map that we could consider. He made the mistake of calling it the Marshall Plan,
but could call it something else. That facility was managed by a regional health care system until just
recently … is still managed by them, when the Hospital Board and City Council made a decision to look
at that relationship in another form. He thinks that they managed it for about three years. That form
was a collaborative decision arrived at by the Hospital Board and the City Council forming a task force
to evaluate all the aspects of providing health care for the community. He does have a copy of that
journey / process if anyone would like to review it. The next decade would be very different for health
care organizations including ours. The study identified many challenges we are going to face in the
future and these are very well known to our hospital board, but maybe not to an awful lot of the
citizens. There is going to be changes in reimbursements, which changes every year, maintaining
purchasing power, increased technology expense, market competition, physician recruitment (physician
recruitment is extremely difficult when you consider our particular market area and how our situation
operates, it is sometimes difficult.), labor and work force shortages. The 10-year labor force prediction
for health care is bracing for some severe shortages in the future. These are figures that were in the
Marshall’s Report: the annual rate of the 55 and older age group is 4 times that of the growth rate of
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May 12, 2009
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the labor force, Over the course of the next two decades, an average of 10,000 baby boomers will
retire each day. During the next decade about half of the current end work force will retire regionally.
Between 2001 and 2018 is a projected 26% reduction in high school graduates. Compare that figure
to the projected increase in demands for health care workers by 2012 and it will reach 30.3%.
Recruitment to allied health care professions will become increasingly difficult. Assuming consumption
patterns and physician productivity remain the same, shifts in health care needs from 2000 to 2020
will include an increased demand in physicians, a 33%. There will also be a continuing shift and type of
setting of services provided. An example: between 2000 and 2020, the need for cardiologists will grow
by 52%. The excellent work by the Hospital Board has identified our current assets, our hospital and
nursing home, have aged to the point that something needs to be done differently for the future. The
Hospital’s plans as presented rely on the financial resources that we have available. This approach is a
sound and workable plan. It’s been several years since our ability to financially support those changes
are realized from the revenues produced by those changes. In other words, we built something,
produced revenue so we can build some more. However, there may be opportunities to leverage our
assets to achieve more benefits for the future with a partnership with a regional health care system.
Opportunities may include, but are not limited to a hospital built in a shorter time frame, new
hospital/clinic replacing the current facilities. You are looking at a $45-50 million cost that the city
might not be able to fund. Strengthening senior care options, replacing the nursing home with private
partnerships is an option, negotiating for the provision of additional health care services, using our
assets in the process. Stronger physician recruitment and workforce development is enhanced when
you’re affiliated with a regional health care system. The strength of a large regional brand with those
systems, creating synergies with SDSU. One of the systems has invested $50 million with SDSU. That
is not an inclusive list, it could be much longer than that. In closing, what would be some possible
council actions? This is not a direct list, just suggestions of things that we could look at. With
increasing declines in reimbursements, needs for capital improvements and desired expansion, the
Brookings City Council could direct the Hospital Board into strategic planning and negotiations with a
health care organization to leverage our assets to provide future medical services in a timely manner.
The Brookings City Council could direct the President of the Hospital Board to create a task force
consisting of Hospital Board members, City Council members, BEDC members, SDSU representatives,
physician representatives, City Manager and other citizens for the purpose of identifying issues and
concerns of those organizations they represent and other constituency groups and articulating those
concerns and issues back to us so we can adjust them before any partnership is realized. One of the
things in this process is, from this point on, the Brookings City Council, if we take action, should seek
direct and open transparent process be used for all discussions that follow with any group that may be
formed. Brookings City Council to direct the work of the task force be completed in a timely fashion
not to exceed a specified term. Trying to condense the process. Council could direct the Hospital
Board to negotiate an agreement for the management of the hospital by a regional health care system
until such time the task force work in possible partnership if opportunities are evaluated. Additionally
the council could identify which health care system they prefer for its partnership, shortening that
process for the task force. It would be one less thing as an option. There are many others. In closing,
he would like to thank City Manager Weldon, Council Members Whaley and Reed, Vern Carda,
Roberta Olson, Rob Jones, Keith Corbett, Jim Booher, and other persons who took time from their busy
schedules to meet with him and visit about these issues and his efforts to give you this report of his
findings.”
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May 12, 2009
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Whaley stated when she first served on the Hospital Board, meetings were stern, direct,
this/that was going to do be done, but changed within the last couple of meetings she attended
to a consensus of working together as partners to bring the quality of health care needed to
Brookings. Whaley agrees that it is time to take a look at other options.
McClemans stated in 2000 or 2001, the council appointed two council members as ex-officio
members of the Utility Board, the Hospital Board and the Swiftel Center Advisory Committee.
That was a good thing. People approach council members with questions on these boards as
they don’t know who is serving on them. This allowed the council with more of an
understanding where they are going and increased communication between those boards and
the city. McClemans sees the need to once again have two council members appointed as ex-
officio members to each of these boards to give the council that opportunity to be more
informed.
Bartley clarified that he is not looking for the council to become involved in the Hospital
Board’s business, but asking the council to be involved in the long-term plans for health care for
the community as it represents itself through our asset, the Brookings Hospital and nursing
home, the land it sits on, its franchise and its business. His thought process and explanation is
to leverage those assets for acquiring improved health care faster than what we can get on our
own as a community. The Hospital Board has developed a good multi-step plan using
resources and assets available to us without bonding or understanding the financial limitation of
building a hospital. Bartley feels this community could use a new hospital sooner than the
phased plan of 5-10-15 years. He wants to explore whether or not those things can happen
rather than spending the $9-20 Million only to find later we should have sold the hospital, or
done something differently. There is a big synergy in health care today when hospitals and
clinics are associated with each other; one lab, one MRI, one X-Ray…all one-stop shopping.
When insurance is going to pay for certain medical services, people look at the facilities
themselves; comparing facilities in Sioux Falls as a “Hilton” and facilities in Brookings as a
“Super 8”. Hilton facilities is like one-stop shopping, private rooms, etc., whereas a Super 8 is
not one-stop shopping with shared rooms, unless the other bed happens to be vacant. If
insurance will pay for it, most would prefer the “Hilton”.
In looking at regional health care services, some fear that the hospital will have its services
siphoned off, thus forcing them to travel to Sioux Falls or elsewhere for medical care. Bartley’s
research has indicated that to him that that certainly is not the case. Austin, MN is located 35
miles from the Mayo Clinic. Austin’s hospital was sold to the Mayo Clinic approximately 10
years ago and they are currently on their third or fourth expansion plan. Everyone in Austin
expected Mayo to siphon off all its services to Rochester, but that is not what happened. The
Mayo Clinic, much like many of the health care systems, realized they needed to have facilities
to handle that market inflow. It costs more to build there; they have to build up as they don’t
have the land. It is more efficient for them to provide those services closer to where the
people and the market are. This is a major reason why you see these health care systems
branching out into these market areas. It is more efficient for them to practice in those areas;
they are not siphoning off any care. Brookings won’t be a cardiology hospital, but there are
other services achievable if they could grow their market share here through their franchises,
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May 12, 2009
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their brands, etc. What would Brookings share be? The Hospital is owned by the citizens of
Brookings; we control that asset. If we were to take that asset and say ‘Here is the hospital,
what can you do for us if we work with you?’ If they came up with a plan agreeable to most,
then that is a good way to leverage those assets and to build something faster, better, more
efficient, and more effective for the future. It takes that partnership in order to do it. The only
other option is to continue with the plans that we have and just expect that it will take us
longer.
Munsterman agreed with council member McClemans that council members served as ex-
officios from a communication standpoint. He also sees what Bartley is talking about, which is a
30,000 foot view in where we’re going. Munsterman asked Al Heuton, BEDC Exec. Director,
to talk about the Continuum of Care conversations that have been held.
Al Heuton, BEDC, stated as Bartley indicated in his presentation, we have created a task force
consisting of City Council members, URC board members, Brookings Health System Board
members, and BEDC board members to study not so much the future of health care, but the
future of health care and services related to developing certain segments of the population.
They are in the process of working with consultants on proposals to start the study. One of
the things they are interested going to look at is attracting people, young or old, to the
Brookings community and what level of health care is needed to encourage those people to
want to move and live in Brookings. They are taking a broad approach to look at what needs
to be included for future economic development purposes in those areas. They are not
representing themselves as health care professionals in trying to determine what health care
needs to be there, rather what types of services are normally provided and competitive in
other communities.
Roberta Olson, Hospital Board Vice-President, has served as past board President and chaired
the Strategic Planning Committee. the Brookings Health System (BHS) is very interested in
economic development for the community. They believe that they provide quality care in the
Brookings community. She heard Council member Bartley say he would like to see BHS move
faster on this. They could borrow the money to move faster and get it done in a shorter
period of time, however, their concern is always sensitivity to the community. They have found
a great deal of support for moving faster with this project, however they are now delayed by
several months, possibly a year before they would be able to put a shovel in the ground. What
they are going to proceed with is internally updating the emergency department. They have
recruited an ER physician, and are in the process of recruiting a second ER physician; allowing
the public to be seen by an MD, instead of a mid-level provider. They are continually improving
the perception of quality of care at the Hospital.
Four or five years ago, the Hospital Board entertained interest from both the Avera and
Sanford Health Systems on purchasing, managing, or leasing the Brookings Hospital. The
Hospital Board concluded it was better for the Brookings community to remain independent
and not be bought out by either system. BHS has a good revenue stream, a little higher
percentage than many hospitals, and reinvesting revenue back into the hospital versus giving it
to the city as has been requested. They believe investment in good health care is important. It
has been looked at from all angles. They do understand the Hospital is an asset to the city and
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May 12, 2009
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understand there might be some leverage with it, whether it be now or in 10 years. The
Hospital Board is appointed by the council, and if the council feels they are not doing what
needs to be done, they can un-appoint the entire board. The board feels they have adequately
studied the issues, they understand the issues, and is not interested in selling or looking at
leveraging right now.
Keith Corbett, Hospital Board Chair, commented he was excited when first asked to serve on
the Hospital Board of Trustees, because that was something he could do to give back to the
community. His concern is that he isn’t getting any younger, and when he needs that health
care, where will that be. If one of the ‘Hiltons’ decides to enter into an agreement, what is the
guarantee that they are going to maintain BHS. The physical plant is over 40 years old and
some changes need to be made. What is the guarantee that they will put money into that. No
one knows that answer. The point is, why would they if they have a ‘Hilton’ in Sioux Falls, why
wouldn’t they use Brookings as a ‘feeder’ area. His concern as a taxpayer, and as an aging
resident, he wants to be sure there is that health care in Brookings. This way the council
controls the Board of Trustees, and if you are not happy with what they are doing, you can say
get off or take a different focus. There isn’t a board member or citizen in Brookings that
wouldn’t love to see a new hospital built, but doesn’t think they could find the money today to
do that. BHS gives money to various organizations in Brookings, but aside from that, thing
about those who can’t pay their bills. Who is going to pay those bills? The BHS has written off
approximately $11 million dollars. Corbett is not trying to be parochial as a board member,
but rather looking as a taxpayer, and thinks the best system is in place right now.
Bezdichek commented the change in government brought different roles in regards to ex-
officios; instead of council members, the City Manager serves as ex-officio. City Manager
Weldon is doing a fine job, but as elected officials, we are ultimately responsible for both BMU
and BHS. Bezdichek is 100% for sending two council members as ex-officios to the BHS, BMU
and Swiftel Center Board meetings. He asked Corbett for clarification if they are currently
interviewing a third company regarding the BHS expansion. Corbett responded that is correct.
Bezdichek asked what the time frame was in regards to interviewing that third firm. Corbett
stated all three interviews are done and are waiting for a presentation to the board this coming
Thursday night for recommendation. Bezdichek asked if that was for the nursing home or
hospital. Corbett clarified it is for the BHS campus master plan.
Bartley apologized for discussion venturing towards micro-management of BHS and what the
board is doing. BHS is doing a very good job supporting this community with their profits. He
does not want to replace anyone on the Hospital Board, in fact he would suggest just the
opposite and we need their expertise as we move forward looking at other options and plans.
He is concerned citizens wouldn’t want to spend the money to build a new hospital, but thinks
that they would like a new hospital; the question is how best to achieve that. The answer begs
to explore the option of leveraging those assets to negotiate with another partner. The
question Corbett asked about the guarantee a regional health system wouldn’t ‘cherry-pick’ and
walk away and not build us a hospital, and leave us with this old hospital; that is all part of the
negotiation process…you give them something and ask for something in return. Nothing is for
certain in negotiations, but it is a place to start. Bartley has no problem moving forward as it is
something that has been needed for a long time and commends the board for getting it started.
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May 12, 2009
15
Bartley believes the Brookings Health System will not make it 10 years remaining independent,
and will become increasingly more difficult to remain independent of the large regional medical
system. There are a lot of advantages for the community in partnering with a regional health
system, and hopes the council will step up to the task of recognizing that or at least take a look
in that direction.
McClemans asked the Hospital Board members present if two council members serving as ex-
officios was acceptable/unacceptable, and asked if they felt insulted if the council did so.
Corbett stated that the board works for the council, they do what you tell them to do.
Bezdichek stressed his concerns of the City Manager serving as the ex-officio. There are no
past City Manager’s still living in Brookings. As a City Council Member serving as ex-officios,
Brookings is our home, we live our lives here. City Manager’s come and go. The City Manager
does a good job while they are here, but that information they receive goes with them when
they move on. Bezdichek would like to see Council Members, not the City Manager serving as
ex-officios on the BMU, BHS and Swiftel Center Boards.
Olson stated when Council Members Whaley and Reed regularly attended the meetings it
wasn’t offensive. Meetings are open to the public with periodic executive sessions to discuss
some sensitive issues, and exclude staff from the room. City Manager Weldon generally gets to
stay as an ex-officio. If the council wants to send more people, that is up to the council.
Bartley asked if there had ever been an Executive Session where a Council Member serving as
an ex-officio was asked to leave. Olson responded there may have been, but it was before her
time on the board.
Bezdichek asked that this be added to the agenda of the day-long strategic planning
session/council retreat.
Reed would like to have further discussion on this issue prior to the council’s retreat. The
August 2008 meeting was great pulling together several community members. This was a
chance for the Hospital Board to show their plan beyond just the City Council and consisted of
a great balance of people both focused on the asset and on the mission. Reed took three things
from that meeting: 1) keep moving forward as fast as possible; health care isn’t standing still, 2)
explore options with long-term care; we are for partnering, not necessarily owned by
Brookings, 3) exploring/strengthening partnerships within the hospital; concern of who is
feeding business to the hospital. They did not talk about leveraging the asset, but it is
something that we could go on to. Reed has heard from citizens to keep moving forward, but
didn’t hear anyone mention leveraging that asset; people want to stay in control of the asset as
long as possible.
Replacement Fire Station. McClemans stated during the winter of 2000-2001 Fire Chief
Hartmann visited with the Council about the need of another fire station; potential placement
by the blue water tower on south Main Ave. Money was short at that time, so the council
implemented setting aside $100,000 per year for 2002-2005 for this fire station. This money
appears to have been used for other things and would like to know the plan for the fire station
that was funded.
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May 12, 2009
16
Weldon stated McClemans is correct in the history about money being set aside for this fire
station. A former City Manager made the recommendation to spend the money on trucks and
replace other equipment in the fleet, and the council agreed. There is a fire station in the long-
range capital improvement plan slated for 2013. Information was provided on insurance and
the impact on the Insurance Services Office/Public Protection Classification (ISO/PPC) rating
and classification, and maps showing the current fire stations and coverage areas. Sighting a fire
station in terms of coverage area is absolutely crucial in terms of response time. The
southwest quadrant of the city is where growth is. The preferred location is by the blue water
tower on South Main Ave. and 20th Street. Weldon suggested instead of adding a fire station, it
be considered as a replacement of the station on 32nd Street. The 32nd Street site could be kept
for training, etc., but he doesn’t believe it has a good response time for the growing needs of
the community. They are proceeding with setting aside $100,000 per year for truck
replacements.
Darrell Hartmann, Brookings Fire Chief, stated the history is correct. It was looked at several
years ago whether we needed a station or fire trucks and the decision was made to replace
apparatus. This station and its location is still an issue. ISO looks at distribution; we are
currently ranked a ‘5’. There are only four or five communities in the state ranked a ‘3’, but
with what we are doing now, we may be ranked a ‘4’ by the next ISO rating, with a new station
possibly ranking us a ‘3’. This new station would help with distribution allocation; population
growth is in the southwest corner and would address some response time issues as they get 1
½ mile/engine in their plan.
Reed asked when the PPC classes information was compiled. Hartmann stated the information
is current and came directly from the ISO website. Achieving an ISO ranking of ‘4’ or even ‘3’
is achievable if this new fire station is built. Hartmann has requested from ISO a listing of all
class 3-4-5 communities, but has not yet received. He will pass that list onto City Manager
Weldon upon receipt. Reed asked if Hartmann could indicate which communities are
volunteer versus full-time staff. Hartmann responded he would do so.
McClemans asked if it would be a City Manager decision to move money from an allocation.
Weldon stated it would be a council decision. Whaley asked that this discussion be added to
the day-long planning session/council retreat on February 19, 2009. She would like to evaluate
and move the fire station up on the bracket. McClemans is concerned money allocated by the
council for a certain project disappeared and was used for another purchase.
Brunner asked how much money we are looking at spending for a new fire station. Weldon
responded the estimate could be as low as $200,000 for a steel-sided building with 1 or 2 bays,
to upwards of $2 million or more dependent on the scope of facility that you want. He stated
staff can assess and get some numbers to you. Weldon mentioned concerns regarding
ambulance service south of the tracks and this may be an opportunity to incorporate a
substation for an ambulance.
Munsterman asked to have that information available for discussion at the February 19 council
retreat.
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May 12, 2009
17
Storm Drainage Master Plan Update. Jackie Lanning, City Engineer, stated the goal is to
make this an open process and make it a team effort to come up with a good plan in the end,
resulting in several work session discussions.
Troy Thompson, Ecological Resource Consultants, has been privileged to work with Jackie and
Thad on developing the next phase on the project. They have gone through a drainage manual
on how improvements are made, looked at master planning which is defining different flows and
problem areas, and looked at how to rank/prioritize some of the known concerns. They have
tried to look at these issues in a very non-emotional quantitative study. They have broken out
the different aspects, from safety to cost to implement ability and maintenance and tried to
define parameters for each one of those different elements and then be able to rank potential
projects based upon how they score on those different categories. With that, they feel they
have come up with a very quantifiable process for defining what you may want to move forward
with early in the process and which projects may be less of a priority. He stressed there are
some other things that you would want to consider that are not going to show up on these
slides, and is something talked about in the past: one of those is maintenance and as you move
forward in considering capital projects he urges the council to not forget about the fact that
reserving money and efforts to make sure you are maintaining the facilities that you have so
they continue to function as intended is an important thing. They are also going to go through
some ways to look at and rank projects. This should be treated an adaptive model; something
as you learn more in the future, you can update and use that additional experience to further
advance the process you are doing here.
Thad Drietz, Assistant City Engineer, gave the following presentation:
City Steps towards improving Drainage Issues is a two phased approach: 1) Drainage Criteria
Manual (2006) (for new developments and redevelopments, purpose is to not make flooding
‘worse’ due to new development, and presents the drainage design criteria and requirements),
and 2) Master Drainage Plan (2008) (a plan to ‘retrofit’ existing drainage within the City,
provides valuable flow data to be used by developers in conjunction with the Drainage Criteria
Manual, and the plan provides budgetary level estimates of costs to resolve current and
anticipated major drainage issues).
The Master Drainage Plan identified 13 specific study areas in the City. They have eliminated
one of the study areas (the 15th St. So. & Camelot School area) as that project is currently being
worked on. These are areas identified by the City residents as areas with existing drainage
concerns that require more detailed analysis. They were analyzed for the 5-year and 100-year
storms.
With suggestions from local citizens, engineers and other municipalities, they came up with 8
ranking criteria categories: Potential Environmental Impact, Building/Occupants Affected, Traffic
Impacts (street flooding), Location within Basin (detention, upstream vs. downstream), Cost
and Budget, Reduced Maintenance Issues (grass channels), Infrastructure Age/Condition, and
Citizen Safety (pedestrians).
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May 12, 2009
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The prioritization process will consist of each project being ‘graded’ in each of the ranking
criteria categories. Project criteria will be graded on a scale of 0 to 5 to obtain a cumulative
score fore each project.
The criterion weighting system will be based on: Does the category pose an immediate threat
to life and safety?, To what extent is the threat?, Any amount of flooding is a danger. RISK
ASSESSMENT?, Is it immediate, or does it develop over a period of minutes, hours, weeks,
etc.?, and High velocity flooding near populous areas pose the most immediate threat to life and
safety (weight = 1.0)?
The criteria scoring system will assign scores of 0 to 5 in each category for each project’s goal.
A score of zero (0) typically means the project’s goal has no impact on that category. Assigned
when the project does not provide a benefit in that particular category. A score of five (5)
means the project’s goal is most consistent with the category definition or key points of the
category.
In summary, the weighting is based on safety and the scoring is based on the applicability or
consistency of the project’s goal of the categories definition: Category Weight: Based on
Safety and Category Score: Based on applicability of project.
Potential Environmental Impact will use the following considerations: Weighting
Considerations (No immediate effects on life & safety, Could have long-term effects, and
Recommendation: 0.4). Scoring Considerations: What are the potential environmental
impacts of the project?; Will it ‘starve out’ wetlands, displace species of animals?; and Will
established groves or other vegetation need to be removed? ‘No Change’ would receive the
highest scores. ‘Improvement’ may also score fairly high. ‘Correcting’ what humans have
already done might not always be correct. Potential for major environmental impact would
score lowest. Moving the project further down the list would allow more time for a more
detailed environmental assessment and adjustment of the project scope and cost.
Reed asked if the potential environmental impacts are within the city limits, or further out.
Dreitz clarified it would be farther downstream. If water is diverted from wetlands, that needs
to be taken into consideration, as that involves the Corp. of Engineers. Reed asked if they
increase/decrease the flow to outside the city, do you look at how far that has an effect,
whether it be one mile or 10 miles. Drietz stated that would be a guesstimate at this stage of
prioritization, however as the process progresses, it will be looked at more seriously.
Buildings Affected will use the following considerations: Weighing Considerations: Somewhat
immediate threat to life & safety of occupants in basements; Flash flooding within City not likely
to wash a building entirely off its foundation; Mid to long term effects on building safety;
Recommendation: 0.9. Scoring Considerations (two parts): Number of buildings in contact
with flood waters and Number of occupants that would need to be evacuated. Higher scores
assigned to projects that would reduce both. Zero (0) would be assigned to projects that do
not change the number of buildings or occupants affected.
Brunner asked how occupants are clarified when looking at an apartment building, which is one
building with several occupants, but at the same time Xtra Space Storage is several buildings
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May 12, 2009
19
with a few occupants. Drietz stated Xtra Space Storage is classified as being without occupants.
Occupants are the number of people to be evacuated in the event of a flood.
Traffic Impact will use the following considerations: Weighting Considerations: Not an
immediate threat to life and safety (The danger is typically observable and avoidable, Some
streets are designed to carry flood waters, Recommendation: 0.7). Scoring Considerations:
How is transportation affected (arterials, collectors, locals, etc.)? Are there alternate routes
available? Does the flooded street isolate people? Zero (0) means that the project does not
change traffic impact. Five (5) means that some areas are isolated or major arterials affected
with limited alternate routes.
Location in Basin will use the following considerations: Weighting Considerations - Incorrect
sequencing can create new safety hazards either upstream or downstream of the project with a
Recommendation: 0.9. Scoring Considerations: Detention projects should be constructed
before increasing downstream flow capacity (upstream first); Projects which increase flow
capacity should begin at the downstream end; Detention projects towards the populous center
of the City will benefit more residents; Zero (0) will be assigned when the location of the
project is irrelevant; and High scores will be assigned when the project location is hydro
logically ideal.
Cost vs. Budget will use the following considerations: One-dimensional criterion (no safety
issue): Since money is the driving force, category weight is high; If money grew on trees, weight
would be low; Recommendation: 1.0. Scoring Considerations: The City should strive to
accomplish as much as possible within a given budget (Inexpensive projects with lower priority
could be moved up in the prioritization list if they ‘fit’ in any leftover budget, Lowest scores
assigned to projects with the highest costs, and Highest scores assigned to projects with the
lowest costs).
Reduced Maintenance Issues considerations: Weighting Considerations: No immediate threat
to life and safety; Unmaintained features can create a hazard; Recommendation: 0.4. Scoring
Considerations: Does the project reduce the maintenance that is required right now? Zero
(0) means ‘no change’ or more maintenance as a result of the project. High scores assigned to
projects that reduce maintenance.
Infrastructure Age considerations: Weighting Considerations: Some protective structures
may be ‘obsolete’ and pose a safety issue. Aging drainage structures could have failure
potential, but not likely to cause an immediate threat to life and safety. Recommendation: 0.5.
Scoring Considerations: Only consider the structures that would be replaced by the project.
Are the inlets, grates, channels, etc. up to Brookings’ current design standards? Obsolete?
What is their remaining useful life? Is there imminent danger of structural failure?
Citizen Safety considerations: Weighting: Category directly deals with life and safety of
pedestrians, bystanders, etc. Recommendation: 1.0. Scoring Considerations: How quickly
does the threat develop? Is there ample warning for citizens to avoid the threat? Will the
project reduce the threat potential? Does the threat affect areas with large numbers of
pedestrians or social gatherings?
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May 12, 2009
20
Draft Summary of Category Weighting: Citizen Safety 1.0, Buildings/Occupants Affected 0.9,
Traffic Impacts 0.7, Location in Basin 0.9, Cost vs. Budget 1.0, Reduced Maintenance Issues 0.4,
Infrastructure Age 0.5, and Potential Environmental Impacts 0.4.
Council Discussion: Weldon clarified there is a mathematical calculation using these numbers
measured against a coefficient to help develop the priority systems. They want to make as quantifiable
and as objective as possible to eliminate subjectivity to give a good priority listing.
Bezdichek expressed concerns Citizen Safety was ranked the same as Cost vs. Budget, and feels that
Citizen Safety should be ranked higher at a 1.5 or a 2. Weldon stated a ‘1’ is the highest in the
ranking system with everything else being gradations of that. If there should be a difference between
them, possibly drop one to a .9. Bezdichek agreed that would be a good fit.
Munsterman commented that he likes what they are trying to do here. Thompson stated there is
nothing magical about the 0-1 ranking, however, the important part is to look at the relative values in
the different categories. Rank your feelings in how they should lay out highest to lowest and adjust the
numbers accordingly. Thompson recommended, as a starting point, to increase accordingly those
ranked as 1. If everything else is compressed, some of the difference between the other categories is
lost. Bezdichek would like to see Citizen Safety ranked as a 1.2; Munsterman agreed. Drietz stated
that would be easy to do. Reed expressed some concerns with potential environmental impacts, but
agreed with ranking Citizen Safety as 1.2.
Drietz clarified the weightings all pertain to safety, but safety in that particular category has a fairly low
effect on the overall score of the project. Thompson stated things can be changed, and stressed the
importance of the integrity of the process. You need to feel comfortable with these scores, but not
judge on the preconceived idea of what the results will be.
Steve Hogie, Xtra Space Storage, asked if there is any area that talks about property damage. Is there
any weight on some areas having damage from water versus an area being inconvenienced?
Lanning responded they hone in on that issue under the buildings and occupants affected. There could
be several buildings affected with not very many occupants versus one building with lots of occupants.
This is really a category that rates water coming up to buildings and getting inside buildings with
damage. Drietz asked Hogie if he was asking about property inside the building being damaged.
Hogie stated yes. Drietz stated they looked at buildings affected in terms of number of buildings.
Hogie stated their area could certainly use a detention pond, which is shown. He asked if there would
be a way to do detention without the large, expensive box culverts. Thompson responded in looking at
cost for each of these areas, they studied from where the point of the problem is and continuing further
downstream. They look at it this way as sometimes you can fix something locally, but by doing so, it
shifts the problem downstream. With the areas with detention ponds and in the larger figures, it would
certainly be possible to split out, and do those areas in phases. If looked at phasing, detention/retention
facilities would be first thing to do. An interesting analysis is to take a look at the results, minus the
costs, and analyze the other benefits that are gained.
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May 12, 2009
21
Bartley stated the study does not address property damage within a building. He asked if there was a
way to weight in the buildings, occupants, and building/property affected. He feels this is important and
needs to be addressed. Drietz stated they may have to create a new category as they are already
considering the number of buildings, but they may need to consider the value of the buildings and
property inside the buildings.
Bezdichek addressed under Buildings/Occupants Affected it has a weight of .9, and asked if they would
consider sub-categories. For example, use the same weighting system where a large building without
much storage/property would be weighted as a .4, but in a density of more buildings and more
storage/property be weighted as a .8 or .7. Drietz stated where it says Buildings/Occupants Affected,
could change to Buildings/Property and break out Occupants into its own separate category. Lanning
stated difficulty lies in that buildings are easy to count, and there are estimates of occupants per home,
but value is subjective. Lanning liked Drietz’s idea of separating out Occupants into its own category.
This discussion is a key point, as this information will now go into the spreadsheet and will begin
ranking items. However, she stressed they do not want to go back and change the criteria itself.
Weldon asked when doing the 0-5 assessment, if that determined the gradation of severity of the
potential damage to property. Lanning stated, yes, they have combined buildings affected with
occupants affected. Dreitz stated they currently don’t have the property value, the amount of property
damage in consideration; just counting numbers of buildings assuming all things being equal. Weldon
commented this may be a variable to add.
Drietz would like to maintain the weighting system they have; these numbers apply to how that
particular category poses an immediate threat to life and safety. Bartley asked about occupants
affected; are they displaced or are they not displaced. Citizen Safety is a little different. Occupants
under Buildings/Occupants Affected, an occupant of a storage facility or a town home, or a home that is
affected or flooded affects their property, their value, their income, etc. Maybe under occupant it is a
broad enough category that considers property damage. Drietz stated if they were to break it out as its
own category as it relates to safety, it would have a lower weight. Bartley asked about impact to
occupants; storage facilities, garages, homes, basements, etc. Bartley would like to see an occupant
impact statement somewhere.
Lanning questioned consensus in having Buildings as its own category and Occupants as its own
category. Munsterman stated that is correct. Reed asked if buildings would then have a lower
weighting. Lanning stated they would need a little time to work on this to come up with a variation of
such. She stressed this is why it is critical to get feedback at this point. She realizes they are not
showing results tonight, but this is a key point and they don’t want to flash up results this week and
next week show some different results and confuse people in the process.
Weldon stated there seems to be a general consensus that there are adjustments to make to this and
will bring back the next step in this process to the council next month.
6:00 P.M. CITY COUNCIL MEETING
Consent Agenda: A discussion on the city/county space needs was added to the agenda. A
motion was made by Whaley, seconded by Brunner to approve the agenda, as amended, which
included:
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May 12, 2009
22
A. Action to approve the agenda as amended.
B. Action to award bids on surplus police car to Asia Motors in the amount of $3938.00.
Bids were opened on January 20, 2009. Four bids were received for the surplus 2006
Crown Victoria Police Car (VIN# 2FAFP71W46X155037) from Bayridge Motors, Inc.,
Staten Island, NY for $2,880.00, Cheyka Motors, Inc., Schofield, WI for $3,511.00,
Yousef Dabbagh, Island Lake, IL for $3,659.00, and Asia Motors, Inc., Chicago, IL
$3,938.00.
C. Action on Resolution No. 04-09, a resolution authorizing Change Order (CCO#1) for
2008-02STI Downtown Streetscape Project with Bowes Construction, Inc.
Resolution No. 04-09
A Resolution Authorizing Change Order #1 (CCO#1) For
2008-03STI Downtown Streetscape Project
Bowes Construction Company, Inc., Brookings, South Dakota
BE IT RESOLVED by the City Council that the following change order be allowed for
2008-03SSI, Downtown Streetscape Project: Construction Change Order Number 1:
Adjust estimated bid quantities to change the bottom lift of asphalt cement from PG64-
28 to PG64-22 at a decrease of $3.18 per ton for a total decrease of $5,247.00.
D. Action on Resolution No. 06-09, awarding bids for Agricultural Land Rent (City owned
property purchased from Nichols).
Resolution No. 06–09
Resolution Awarding Bids on Agricultural Land Rent
Whereas, the City of Brookings opened bids for approximately 48 acres of Agricultural
Hay/Pasture Land Rent for City-owned parcel located in Section 21-T110-R50 on
Tuesday, January 20, 2009 at 1:30 pm at Brookings City Hall; and
Whereas, the City of Brookings has received the following bids for Agricultural
Hay/Pasture Land: Justin Thompson, Brookings, SD @$51.00 per acre; Dennis Welbig,
Brookings, SD @ $45.60 per acre; and Jason Voss, Brookings, SD @ $45.00 per
acre.
Now Therefore, Be It Resolved that the high bid of Justin Thompson, Brookings, SD for
the high bid of $51.00 per acre be accepted.
E. Action on Resolution No. 07-09, a resolution relating to emergency purchase of airport
snow plow.
Resolution No. 07-09
Resolution Relating to Emergency Purchase of Airport Snow Plow
BE IT RESOLVED by the City Council of the City of Brookings, South Dakota (the City),
as follows:
WHEREAS, for the Brookings Regional Airport’s snow plow has unexpectedly required
repairs that are in excess of the value of the plow; and
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May 12, 2009
23
WHEREAS, the Brookings Regional Airport has an emergency need for the purchase of
a snow plow to be utilized solely for Airport usage; and
WHEREAS, the specifications for the snow plow meet Federal guidelines for
reimbursement with FAA and SDDOT funds at a later date.
NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of
Brookings, South Dakota, to authorize the City Manager proceed with the acquisition of
an Airport Snow Plow due to the emergency need pursuant to FAA procurement
procedures and policies.
On the motion, all present voted yes; motion carried.
Presentation of the Dr. Martin Luther King, Jr. Day Contest Winners. The 2009
Theme was : “Greatness Through Service.” The winners were: Grades K-1 – Poster: 1st Place
Jesus Arroyo; 2nd Place Eleanor Abraham; Grades 2-3 – Poster: 1st Place Lauren Simon; 2nd Place
Cain Lounsbery; Grades 4-5 – Poster: 1st Place Maggie Helgeland; 2nd Place James Choi; Middle
School – Essay: 1st Place Jackie Meyer; 2nd Place Damon Bayer; 3rd Place Tie Sara He and Jenna
Scarbrough; High School – Essay: 1st Place Jeff Zhang; 2nd Place Cortlyn Hagman.
1st Reading – Ordinance No. 01-09 - Rezoning. A first reading was held on Ordinance
No. 01-09, a petition to rezone the East 60 feet of Lot G, Beale Addition from a Residence R-2
District to a Planned Development District (1316 6th St.). Public Hearing: February 10, 2009
1st Reading – Ordinance No. 02-09- Rezoning. A first reading was held on Ordinance No.
02-09, a major amendment to a Planned Development District on Lot G, Beale Addition
pertaining to a change in land use from Residence R-1B District uses to Residence R-3 and
Business B-2 District uses (1300 block on 6th St.). Public Hearing: February 10, 2009
1st Reading – Ordinance No. 03-09 - Rezoning. A first reading was held on Ordinance
No. 03-09, a petition to rezone the North 115 feet of the East 50.1 feet of Lot G, Block 3, First
Addition from a Business B-2A District to a Business B-2 District (506 3rd St.). Public Hearing:
February 10, 2009
1st Reading – Ordinance No. 04-09 – Conditional Use. A first reading was held on
Ordinance No. 04-09, an application for a conditional use to establish a two-family dwelling on
the South ½ of Outlot 11 in the SW ¼ of Section 35-T110N-R50W (1812 Main Ave. So.).
Public Hearing: February 10, 2009
Resolution No. 05-09 - Lease Real Property. A public hearing was held on Resolution
No. 05-09, a Resolution of Intent to Lease Real Property (Lease to Foundation Seed Stocks for
Wiese and Freeland Addition farmland). A motion was made by Reed, seconded by Whaley,
to approve Resolution No. 05-09. No public comment. All present voted yes; motion carried.
Resolution No. 05-09
Resolution of Intent to Lease Real Property
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May 12, 2009
24
BE IT RESOLVED by the governing body of the City of Brookings, South Dakota, that the City
of Brookings intends to enter into a Lease with Foundation Seed Stocks for a period of one (1)
year, commencing on March 1, 2009 and ending February 28, 2010 and pertaining to the
following described property: The designated farmland in the Brookings Wiese Addition, thirty
(30) acres more or less in Section 30, T110N, R49W, and the designated farmland in the
Brookings Freeland Addition, forty (40) acres more or less in Section 18, T110N, R49W in the
City of Brookings, Brookings County, South Dakota.
The Lease will be an amount of One Hundred Five Dollars ($105.00) per acre for farmland
annually, payable first half on April 1 and the remaining half on November 1. The City of
Brookings may terminate this Lease at any time in the event a parcel of the above described
property is to be sold by the City of Brookings. If a portion of the leased land is sold, the
number of acres to be paid for will be adjusted at the unit price per acre.
BE IT FURTHER NOTED, that a Public Hearing on this Resolution was held on January 27,
2009 at 6:00 o’clock P.M. at the City Council Chambers and that all persons were given an
opportunity to be heard on the intent to lease real property.
Update on Juvenile Justice Title V Grant. Dan Mielke gave an update on the Juvenile
Justice Title V Grant: Love and Logic Program. The City, school and county have each
contributed $5,800 towards the first year of this program. The money is processed by the
county and the state reimburses the county for expenses. He has had one referral, with
another in the process. This is a 3-year Grant, which he will be resubmitting soon for
continuing City, school and County support, with the end of the first year being March 2009.
Draft Restaurant Liquor Operating Agreement. Weldon commented 2008 legislation
provided the opportunity for restaurants to serve liquor. The City has since adopted an
Ordinance and fee structure, and made some modifications to the operating agreement. Staff
added the following amendments to the current operating agreement: minimum establishment
size (3,000 square foot), point-of-sale system, and some audit requirements. In the agreement,
Section 15, statutory citations, does refer to 2008’s codified version of SB126. The question, in
regards to how often to conduct an audit, can be decided at a later date.
Munsterman requested to begin discussion with the changes that were made to the operating
agreement.
Brunner is concerned if they limit a business to 3,000 square feet, it would be automatically cut
some businesses out. If someone meets the criteria, but has only 2,900 square feet, is it fair?
He asked of any 3,000 square foot existing restaurant and is it necessary to have a square
footage requirement if a business can meet the 60/40 requirements.
Bartley echoed Brunner’s thoughts. There are some restaurants smaller in size, and they could
meet the 60/40 requirements. He feels this gets into an area we may not want to get into;
limiting the number of people that could take advantage of this. We will be able to gauge each
of these licenses based on their presentations. If it doesn’t look like a restaurant, that will be
picked up fairly quickly.
City Council Packet
May 12, 2009
25
Munsterman asked the council if they wanted to keep the 3,000 square foot requirement.
Bartley would like to see it removed. Brunner commented to either remove it, or lower it.
McClemans stated the Council Chambers is approximately 2,400 square feet. If you put a set
of bathrooms and kitchen in this facility, it would still have room for tables and a bar. 3,000
square feet would encompass the room behind Perry and the room. He believes these licenses
were geared for restaurants, but doesn’t know if 3,000 square feet is the answer.
Weldon stated he had previously asked for clarification, if this was a size for just the building or
a size for the seating capacity and serving area. The answer he received back was the council
wished it to be the building, which is a little bit easier to determine. The 3,000 square feet is
written in mind as the total size of the building as a structure, including kitchen/bathroom/
storage, etc. Something helpful to ask would be what are the public policy considerations in the
requirement of size. Do you want it to be just for larger establishments, and not consider
Operating Agreements for smaller establishments. It might be helpful if you ask yourself why
you wanted a space limitation at all.
Reed wants to make sure applicants realize this has to be a restaurant-type situation, which is
taken care of in the bill itself. You could get a very small place and be a restaurant that serves
liquor. Individually, we are going to have to look at and say ‘no, that doesn’t make sense what
you are trying to do.’ He would like the square footage requirement pulled out, however feels
it should be part of the application process, so they know that is a requirement, versus in the
actual operating agreement. Here we are telling them they have to maintain the minimum, after
we’ve already given them the license. It doesn’t feel like it is in the right place in the application
process. Weldon stated the operating agreement is part of the packet of information given out
to applicants; they use this as a guideline. Reed stated the square footage requirement should
be taken out of the operating agreement. Whaley stated it doesn’t make a difference. They are
the ones putting their neck out there if their business doesn’t work. Bartley agreed to take it
out. There are building codes for restaurants, handicapped accessibility, etc. Jackie Lanning,
City Engineer, commented that zoning regulations would kick in for restaurants; requiring so
many square feet versus seating and parking. Bartley stated many of these issues are addressed
in the zoning ordinances. Scott made note of council consensus to remove the square footage
requirement from the operating agreement.
Britzman stated these numbers are subject to a slight change. 35-4-2.1 in pending legislation is
going to be removed and renumbered. 1026 will probably take 35-4-2.1 out and place some of
that language elsewhere. It is a good idea to have this, although we had a general statement
that they will comply with the ordinances and state statutes elsewhere in the Operating
Agreement. Britzman has no objection to it, but the numbers will likely change. Munsterman
asked if they wanted to be more general in that. Weldon stated the first sentence in the
existing language addresses it all irregardless of what the state does in terms of recodifying the
state statute and the numbers change that would get us away from that. The point is that
applicants know there are some different requirements associated with operating a business
that kick in from different parts of state law, and they need to be aware of those. He was
hoping that by putting the state statutory citations in there that that would draw their attention
City Council Packet
May 12, 2009
26
to those issues that they need to be concerned about. We can help them through that process
at the same time. Munsterman suggested providing them with copies of current pertinent
legislation. Munsterman stated general council consensus to strike that wording.
“Section Xviii (18): The Manager agrees to utilize an industry-standard point-of-sale cash
register system as a means of producing records meeting state and local audit requirements.
The City shall have the right to require, and the Manager the obligation to provide, applicable
financial information as a means of auditing compliance with state and applicable laws, in a
format determined by the City, with 30 days written notice.” Munsterman is comfortable
leaving this as is in the operating agreement.
Bartley stated he has no problem with the second sentence: “The City shall have the right to
require, and the Manager the obligation to provide, applicable financial information as a means
of auditing compliance with state and applicable laws, in a format determined by the City, with
30 days written notice.”; however, there are no state audit requirements. There is no industry
standard point-of-sale cash register system out there that he is aware of. Munsterman stated
his understanding of the audit requirements is for us to keep track of the 60/40. Britzman
suggested a slight word change after the word ‘state and local’ remove the audit requirement.
In a sense, it is not technically an audit requirement; it is a statutory compliance requirement.
The audit is the tool to ensure they are in compliance. Our ordinance incorporates the State’s
60/40, so it is a local requirement as well. It was suggested to strike in the first sentence the
word ‘audit’ and replace with ‘reporting’ for the first sentence to read as: “The Manager agrees
to utilize an industry-standard point-of-sale cash register system as a means of producing
records meeting state and local reporting requirements.”
Bartley strongly suggested taking out the industry standard point-of-sale cash register system as
a means of producing records. You don’t tell the state what system you use, the state doesn’t
require a certain system, nor does the federal government. A point-of-sale cash register
system can be made to say anything you want it to say. This is above and beyond the
requirements for someone to report their information. If they are audited, they will have to
show the support for the data they provided.
Munsterman referred to Kip Pharis’s comments and how restaurants use them as a tool, to
print out the reports that they need.
Whaley feels something should be stated. If we turn it in and there’s alcohol on there where it
should be a dinner. Thinks there should be a good point-of-sale system stated in there.
Reed feels if a point-of-sale system is stated, it would give some better control. If it stops
someone from applying, they will hear about it. He is ok with leaving it in for now.
McClemans – Kip Pharis stated anyone getting into that type of business, investing $$ in a
building, fixtures, etc., they would have it from a knowledge of what they sold, what product is
not selling, etc. In some ways, he agrees with Bartley, it is not going to correct alterations of
people’s bookkeeping. It gives us an opportunity to maintain a better ….these licenses were
City Council Packet
May 12, 2009
27
issued for foor, for restaurant with a 60/40 requirement. It makes it easier for the operator
and city or state to monitor it, in his opinion. It is not a deal breaker.
Bezdichek asked Britzman when you read industry standard, is there one? Britzman stated he
really doesn’t know for certain. He stated if there is not an industry standard, take it out.
Weldon stated he struggled with language when putting this together. There is not an industry
standard, but his intent of that language was to say you have a system that is commonly used by
business/industry of this type, and not just putting change in a coffee tin and using that as your
cash register. There really isn’t an industry standard. The other problem is in the way
technology changes, what they use today may be obsolete in a couple years.
Bartley feels we are covered in the second sentence, where it says ‘manger obligation to
provide, applicable financial information.’ They need to give us financial information that is
applicable. They have to have a system, but we don’t have to tell them what it is.
Munsterman asked City Manager Weldon to clean up the language on it as is, and put on an
agenda, for further discussion. We can then have more discussion before they take action
whether or not to require that point-of-sale cash register system for those purposes or not.
Reed asked if we currently audit anybody? Is this something we’ve done before as a city?
Weldon replied in his 13 months here, that answer would be no. City Clerk Thornes would
probably be able to give you information beyond that. Reed stated that is part of the problem
as this is something that we as a city haven’t gotten into before. What would be the process,
who would be the people involved, what would it cost. What is Finance Director’s time if she
is the one to do it? Weldon said an audit would only be the extent they are complying with
state law: 60/40 and any other requirements in our Operating Agreement or any place else in
city ordinances. Not so difficult our finance staff couldn’t do this effectively. Chances are we
would only do it under reasonable suspicion. State Law states that each business must submit
an annual report to the city and we would use that as a basis for the compliance check and take
it from there. Reed would like to hear staff’s thoughts on this and if they have any issues with
what we are asking for.
Munsterman said it’s a matter of taking the first two off and working on language under 18 to
get it where we want it. He doesn’t want the third one settled without knowing the language is
the way we want it. He would like to wait on that one, but take the first two off.
ADDED AGENDA ITEM 14A: Appointment of Committee for Space Needs.
Munsterman wanted clear direction from the council if they venture into a city/county joint
space discussion. He asked if the council was fine with proceeding with those discussions. In
the discussions, on the city side was Reed, Weldon and Munsterman at the last meeting. Verbal
consensus was given.
Executive Session. A motion was made by McClemans, seconded by Reed, to enter into
executive session at 7:12 p.m., for consulting with legal counsel or reviewing communications
from legal counsel about proposed or pending litigation or contractual matters with the City
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May 12, 2009
28
Engineer, City Manager, City Attorney and Deputy City Clerk present (City Engineer left at
7:28 p.m.). A motion was made by Reed, seconded by Whaley to exit executive session at 7:46
p.m.
Adjourn. A motion was made by Reed, seconded by Whaley, to adjourn. All present voted
yes; motion carried. Meeting adjourned at 7:48 p.m.
CITY OF BROOKINGS
Scott D. Munsterman, Mayor
ATTEST:
Shari Thornes, City Clerk
City Council Packet
May 12, 2009
29
Brookings City Council
February 10, 2009
(unapproved)
The Brookings City Council held a meeting on Tuesday, February 10, 2009 at 5:00 p.m., at City
Hall with the following members present: Mayor Scott Munsterman, Council Members Julie
Whaley, Mike Bartley, Ryan Brunner, Tim Reed, Mike McClemans, and Tom Bezdichek. City
Manager Jeff Weldon, City Attorney Steve Britzman, and Deputy City Clerk Bonnie Foster
were also present.
Possible eastside relocation of Brookings Area Transit Authority Service. Brenda
Schweitzer, BATA Executive Director, visited with the Council about the possibility of
relocating the BATA facility to a different location that would provide a larger facility. BATA
currently owns a building on grounds provided by the Brookings County Highway Department
with no opportunity to expand the building. They are considering selling the building to the
County if they re-locate and build new facilities. Because of their funding, they would like to
own their facilities as opposed to leasing them.
BATA discussed with the City Council using some of the city property on 32nd Avenue North
somewhere in the Weise Business Park or just north of the R & T Center. With good access
to I-29, Hwy 14, the Hwy 14 by-pass, and many trip-destination employers such as those in the
Telkamp Industrial Park, BATA views this as a good location. These sites are slated for an
expansion of commercial activities, however, the co-location of transit services to augment and
support commercial activity could be advantageous to development; and dedicating a few acres
to such a service in this area should not unduly restrict the availability of land for commercial
development.
Schweitzer estimates a 20,000 sq. ft. building, approximately 124’ x 134’ in size, would meet
their needs. The building would be of steel-frame construction. Schweitzer stated there is
some possible stimulus package funding that they would qualify for.
Bruce Lindholm, Program Manager for local transportation programs related with SDDOT, is
confident they would qualify for stimulus funds. The grant has to go to who owns the land; the
city/county maintains the land and building, and in turn lease it to the transit. If the building is
not used for transit, the federal share of the building has to be returned. The downside of
applying for these funds is that projects will have to be ready to go within 90 days of signing the
bill. This would be a fairly monumental task.
Other potential locations discussed were: in the industrial park on the south side of Hwy 14,
city property by the airport, and SDSU property by the airport. None of these were seemed
as appropriate due to traffic congestion, too narrow of a lot, and possible FAA regulations
regarding property use by the airport.
Munsterman requested this to be added to the next council work session for further
discussion.
City Council Packet
May 12, 2009
30
Youth Education and Skill Center (YES Center). Randy Hanson gave the following
presentation on the YES Center. Hanson represented the exploratory committee and
preliminary design committee.
YES Center Charter: A planned nonprofit organization striving to provide youth, young adults,
active seniors, sportsmen and equine lovers of all ages with the education, skills and
experiences related to our Dakota Heritage.
Center Components: precision sports ranges, riding arena and livestock facilities, horse stalling
facilities, classroom, conference, sewing/metal/wood shop and exhibition spaces, outdoor
classroom areas, County Extension Office (4-H, Agronomist, Nutritionist), Volunteer Service
Bank.
Precision Sports Ranges (disciplines they teach): Archery, Air Pistol, BB Gun, small caliber rifles
and pistol range, large caliber rifle shooting tubes, Potential Techno-hunt range
Leadership: The YES Center is a planned non-profit corporation, to be governed by a Board
that is responsible for facilities management (including staffing) with representation from a
Precision Sports Group, City, County, 4-H, and Equine Group (Riding, Rodeo).
The South Dakota 4-H Foundation, Inc. (501c(3) entity) has currently set up two fundraising
accounts: Precision Sports Fundraising Account, and Riding Arena Fundraising Account.
Beneficiaries & Stakeholders: General: Youth, families, sportsmen, SDSU Students, County
personnel, law enforcement, City of Brookings, active seniors, general public and volunteers.
Specific: Youth: 4-H (shooting sports, sewing/metal/wood shop, animal projects, & others),
youth riding classes, Boy and Girl Scouts, area schools, NFAA After School Archery Program,
Hunt Safe Training, County Extension. Others: SDSU (ROTC, student classes, Rodeo Team),
open community (riding, classes, shooting sports programs), County events, City, State
Departments (GF&P), local sportsman & their groups such as: Big Sioux Bowmen, PF, DU,
NWTF, RMEF, NRA, Beacon Hill, Gun Club, Brookings Wildlife Assn., local businesses, Law
Enforcement, Selected Horse Events (4-H and General Public). Impact: This facility will serve
Eastern SD, SW Minnesota, as well as hosting regional and state-wide events.
Precision Sports Ranges: Objective: Provide an indoor teaching and training center for year-
round precision sports while also encompassing outdoor skill development.
Program Skills Learned: Social and group activity skills in sportsman ethics, hunt safe, archery,
air & BB gun, pistol, and rifle skills and equine, livestock, small animal projects, sewing, metal,
wood shop & others. Skill Development would include: equine & rodeo, 4-H (various),
hunting, fishing, and other outdoor skills.
Recurring Events (daily/weekly/monthly): 4-H & SDSU Shooting Sports, SDSU & 4-H Rodeo
practice/events, pistol & archery leagues, Sportsmen meeting & training location, law
enforcement qualification & training location, open community riding, County Extension
exhibits/classes, large caliber rifle shooting
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May 12, 2009
31
Special Events: 4-H Shooting Sports regional events, SDSU & 4-H Rodeo events, Equine
Jackpot/Barrel Futurity events, Sportsmen Annual Meetings, County & general public meetings,
300 shot archery and fall events, State indoor 300 shot archery events, State pistol events, law
enforcement state shoot events, bow hunter education training events, National Guard regional
shoot events, SDSU ROTC marksman shoot events
Facilities: 128,376 sq. ft. multi-use facilities (Core Area – County Extension Offices, conference,
classrooms, kitchen, bathrooms, corridor and viewing areas – 29,560 sq. ft.; Shooting Ranges –
13,616 sq. ft.; Arena & Stalling – 67,200 sq. ft.; Stand-alone Barn – 6,000 sq. ft.; Livestock
Canopy Barn – 12,000 sq. ft.). Land 10-11 acre site: 34th Avenue location preferred, proximity
to Swiftel Center, City, SDSU, site identification is in progress
Projected YES Center Cost (not including land): $5.4 million (estimated); Shooting Ranges -
$1.1 M; County Extension Office and core area - $1.7 M; Arena and stalling area - $2.1 M;
Stand-alone Barn - $216,000; Livestock Canopy Barn - $220,000; Rifle Tubes - $70,000
Funding Plan: Shooting Ranges (SD GF&P and organizing local fund raising), 4-H Foundation
(identification of potential givers, and asking team organization in process), City and County
(requires city and county financial support), Equine (organizing local fund raising)
Impact for Brookings Area: With help from the Visitors Promotions Department of the
Chamber, we used the projected number of event days, overnight stays, and other economic
indicators to come up with an estimate of the economic impact to the region from this facility
of $1,106,000/year.
Number of People Served: Currently there are over 100 youth enrolled in the 4-H Shooting
Sports, 60 students in the SDSU Rodeo Program and over 800 other youth served in other
County Extension and 4-H Programs and Clubs. We anticipate over 3,800 attendees for the
special events throughout the year. We are still working on how many will be involved in the
Sportsmen events, law enforcement, active seniors, community equine, judging schools,
livestock shows, etc. There are over 400 youth & extension volunteers, as well as over 300
active members of the Volunteer Service Bank that are housed in this facility.
Operation and Maintenance Budget: the Shooting Sports Budget areas are complete; the
county and equine groups are in development. Initial indications are that the Shooting Sports
and Equine areas will be self-sustaining.
Munsterman recommended this be put on a future council work session for further discussion.
The Brookings County Commission has endorsed this endeavor. There is no specific timeline.
Cage/Ultimate Fighting. Council Member Bezdichek requested discussion on this issue.
City Attorney Britzman provided ordinances from the cities of Sioux Falls and Vermillion
related to cage and ultimate fighting to serve as model ordinance examples to review and
discuss.
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May 12, 2009
32
Bezdichek clarified that his concern with cage/ultimate fighting is that it occurs in a city-owned
facility. He would like to see something similar to Sioux Falls Ordinance Section 673, where
these types of events are not allowed in any city-owned facilities.
Britzman stated extreme fighting can be defined as mixed martial arts. Vermillion & Sioux Falls
limit the activity in public venues. Britzman suggested a basic set of rules for protection of city
and those participating: insurance coverage, medical personnel on hand during event, rules as
to types of activity that can be utilized in a contest. A required permit would trigger a notice
that this activity will be going on, and state the regulations. The ordinance would require
direction from a regulation standpoint. This falls under general powers: Safety/health or
Welfare.
Weldon stressed keeping the best interest of the Swiftel Center in mind. These are regulated
events governed by referees. The past six such events had approximately 3,500 in attendance.
We can’t ignore what it does for the facility. We hire Venue Works to do a job for us and this
is part of that. If we erode at the base and start limiting the types of events we want to have,
we are strangling the ability of Venue Works to keep the Swiftel Center successful.
Tom Richter, Executive Director of the Swiftel Center, Jeff Kossman, Fury Inc., and Steve
Peters, President Venu Works, stated these events have been held without incident and are
held in over 30 states.
Council discussion: Council Members Whaley and Brunner agreed VenuWorks was hired to manage
the Swiftel Center, and the council needs to let them do so.
Council Members Bartley and McClemans stated this is a form of entertainment which is best held in a
controlled environment.
Reed would like for the council to have the ability to say ‘no’ to an event. He feels an ordinance is
needed to control these events within the city, as the Swiftel Center is currently the only facility capable
of holding these types of events.
ACTION: A motion was made by Munsterman, seconded by Reed, to have the City Attorney
and the City Manager develop an ordinance regulating cage/ultimate fighting. All present voted
yes; motion passed.
6:00 P.M. CITY COUNCIL MEETING
Consent Agenda: A motion was made by Reed, seconded by Whaley to approve the agenda
as amended, which included: remove agenda item 4D, and make note under item 4C that
Option A is preferred.
A. Action to approve the agenda as amended.
B. Action to approve the January 13 City Council Meeting Minutes.
City Council Packet
May 12, 2009
33
C. Action to awards bids for 2009 Ice Arena Project to Beck & Hofer
Construction, Inc., in the amount of $555,000.00. Six bids were received on January
27, 2009 for the Larson Ice Center 2009 Red Rink Improvements, which consists of
Construction, within existing facility, of elevated seating on the north side of the
Competition Rink and finishing of the space below for locker room use. Work also
includes a steel framed stair and removable walkway connection to the existing east
mezzanine. Bids were evaluated and recommendations were made on two options.
Option A includes the entire project, as included in the Base Bid, and will require
additional funding of $150,000 over the current funding of $500,000. Option B includes
alternates which remove the stadium lockers and finishing of the locker room area from
the project. Option B can be constructed with the current funding.
Option A: Beck & Hofer Construction, Inc. @ $555,000; Clark Drew Construction ,
Inc. @$559,333; Swift Contractors, Inc. @$570,000; Gil Haugan Construction, Inc. @
$591,000; Peska Construction, Inc. @ $608,900; Sunkota Construction, Inc. @
$725,000. A/E Estimate $523,488.
The low bid was submitted by Beck & Hofer Construction, Inc., in the amount of
$555,000.00. Our evaluation of Beck & Hofer Construction indicates that they are
capable of completing the work required. Therefore under Option A, we recommend
the award of a contract for construction of the Larson Ice Center 2009 Red Rink
Improvements to Beck & Hofer Construction, Inc., in the amount of $555,000.
The following is an updated summary of the project budget under Option A:
Construction cost of $555,000; A/E Fees of $49,950; Reproduction costs of plans and
specs of $5400; contingencies and misc. expenses of $39,650 for a total of $650,000.
Option B
Contractor Base Bid Alternate
No. 2
Alternate
No. 3 Total
Beck & Hofer Construction, Inc. $555,000 -$29,000 -$162,000 $364,000
Swift Contractors, Inc. $570,000 -$26,500 -$172,500 $371,000
Clark Drew Construction , Inc. $559,333 -$24,482 -$120,230 $414,621
Gil Haugan Construction, Inc. $591,000 -$29,300 -$133,900 $427,800
Peska Construction, Inc. $608,900 -$24,500 -$129,700 $454,700
Sunkota Construction, Inc. $725,000 -$27,400 -$160,000 $537,600
A/E Estimate $523,488
Acceptance of Alternate No. 2 which omits the stadium lockers and Alternate No. 3
omits finishing of the lower level locker rooms will bring cost of the project into
currently available funds. The low bid for the Base Bid + Alternate No. 2 + Alternate
No. 3 was submitted by Beck & Hofer Construction, Inc. in the amount of $364,000.
Our evaluation of Beck & Hofer Construction indicates that they are capable of
completing the work required. Therefore under Option B, we recommend the award
of a contract for construction of the Larson Ice Center 2009 Red Rink Improvements to
Beck & Hofer Construction, Inc. in the amount of $364,000.
City Council Packet
May 12, 2009
34
The following is an updated summary of the project budget under Option B.
Construction Cost @ $364,000.00; A/E Fees @ $46,512.00; Reproduction costs of
plans and specs @ $5,400.00; Contingencies & misc. expenses @$44,088.00 for a total
of $460,000.00.
D. Action to award bids for Fire Department Equipment. (Removed from the
agenda. No bids were received.)
E. Action to approve Resolution 08-09, to form a Complete Count Committee
for
2010 Census.
Resolution No. 08-09
A Resolution Establishing the Committee Count Committee for the 2010 Census
for the City of Brookings, South Dakota
Whereas, the United States will conduct a complete census of its population during the
2010 Census; and
Whereas, the City of Brookings has a vested interest in achieving a complete and
accurate count of its population during the 2010 Census; and
Whereas, specific interests include increased Federal funds appropriations, accurate
local statistical data for retail attraction, and accurate data for community housing
needs; and
Whereas, some segments of the population are at risk for undercounting in the census;
and
Whereas, the input and support of individuals and organizations actively engaged with
groups at risk for undercounting in the City of Brookings is necessary to achieve a
complete count; and
Whereas, a Complete Count Committee would bring together individuals from
throughout the city committed to achieving a complete census count.
Now, Therefore, Be it Resolved, that the City Council of the Brookings, South Dakota,
hereby establishes the Brookings Complete Count Committee to plan and implement
strategies for achieving a complete count of Brookings city residents in the year 2010
United States Census, including those residents at-risk for undercounting.
Purpose Statement/Goals:
1) Develop a community-specific 2010 Census awareness campaign.
2) Provide leadership in the promotion of the 2010 Census.
3) Commit to ensuring that every resident in our community is counted.
City Council Packet
May 12, 2009
35
Membership: Due regard given to the following areas of representation: Local
Government (Brookings City Council & Brookings County Commission, City and
County Planning Departments), State Government (Social Services, Vocational
Rehabilitation), Higher Learning (South Dakota State University: Administration,
Student Senate, Diversity Office), Brookings School System, Senior Citizens,
Business/Industry, Faith-Based Groups (Ministerial Association, Habitat for Humanity),
Tribal Government, Citizens at large, and the Media.
Residency: Each member of the Complete Count Committee shall be a resident of the
City of Brookings.
Meetings: The Brookings Complete Count Committee will meet at least monthly from
the committee inspection through May 2010 with the staff support of the City
Manager’s Office and Community Development Director.
Quorum: A majority of the members of the Committee shall constitute a quorum for
the transaction of its business.
Coordination: The Brookings Complete Count Committee will coordinate its activities
with representatives from the U.S. Census Bureau’s Denver Regional Office and with
Brookings County Planning Zoning Officials.
Now, therefore, be it resolved, that the City of Brooking duly authorizes the creation of
a Complete Count Committee for the 2010 Census and the appointment of members
with regard to areas of representation listed above.
F. Action to approve an abatement request received from Big Sioux Aviation /
Randy
Hanson to abate a portion of the 2006, 2007 and 2008 taxes in the amount of
$943.36 for buildings located on leased sites LS-2, Airport Hangar Addition,
Site C.
G. Action to approve an abatement request received from Big Sioux Aviation /
Randy
Hanson to abate a portion of the 2006, 2007 and 2008 taxes in the amount of
$2,277.08 for buildings located on leased sites LS-2, Airport Hangar Addition,
Site X.
H. Action to approve an abatement request received from Boyd Meyer to abate
a portion
of the 2008 taxes in the amount of $381.36 for property located on the
E34’9” Lot 17, Blk 12, East Medary Addition.
I. Action to approve an abatement request received from Boyd Meyer to abate
a portion
City Council Packet
May 12, 2009
36
of the 2008 taxes in the amount of $409.50 for property located on the
W36’3” Lot 17, Blk 12, East Medary Addition.
J. Action to approve an abatement request received from Dennis and Lois
Blocker to
abate a portion of the 2008 taxes in the amount of $891.48 for property
located on the Lot 63, Blk 5, Hyland Addition.
K. Action to approve Resolution No. 12-09, entering into a Safe Routes To
School
Agreement, Project P SRTS(04) PCN 01X6, with the State of South Dakota
and Brookings School District.
Resolution No. 12-09
Resolution For Funding Agreement for Safe Routes to School Project
P SRTS(04) PCN 01X6
WHEREAS, the City of Brookings and Brookings School District have identified the
need to enhance pedestrian and bicycle safety routes near schools; and
WHEREAS, it has been determined by the State of South Dakota that the project is
eligible for Safe Routes to School Program Funding; and
WHEREAS, the City of Brookings and Brookings School District are the sponsoring
applicants for funds; and
WHEREAS, the City is capable of administering the federal aid project; and
WHEREAS, the project will meet all zoning and planning regulations and ordinances; and
WHEREAS, the City is prepared to maintain the new infrastructure; and
THEREFORE, BE IT RESOLVED that the City of Brooking duly authorizes the Mayor of
the City of Brooking to sign all documents for the funding agreement between the SD
Department of Transportation, City of Brookings, and Brookings School District for
Design, Letting and Construction of the Project.
L. Action to approve Resolution 09-09, For Project Number PH 3245(00) PCN
00YA Orchard Drive and 22nd Avenue South Signal Project.
Resolution No. 09–09
Resolution for Project Number PH 3245(00) PCN 00YA
Orchard Drive and 22nd Avenue South Signal Project
WHEREAS, the Brookings City Council has identified the need for Project Number PH
3245(00) PCN 00YA as hereinafter described: LOCATION: Orchard Drive and 22nd
Avenue South, Estimated cost: $102,000.
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May 12, 2009
37
AND WHEREAS, The City of Brookings is obligated and hereby agrees to provide
proper maintenance as required for the project after construction is completed in
accordance with State and Federal requirements.
AND WHEREAS, The City of Brookings is obligated and hereby agrees to reimburse
the State for all costs not reimbursable with Roadway Safety Improvement Federal
Funds, of which the State will pay a maximum amount of $90,000.00, and the City will
provide a minimum 10% match for the project.
AND WHEREAS, The City of Brookings certifies that all work involved in the project
will take place within the City’s right-of-way and permanent easements, and that no
additional right-of-way or construction easements are required.
AND WHEREAS, The South Dakota Department of Transportation is authorized and
requested to program for construction, Project Number PH 3245(00) PCN 00YA, and
NOW, THEREFORE, BE IT RESOLVED, that the Mayor of Brookings is authorized to
sign the letting and financial agreement between the Department of Transportation and
the City of Brookings, easement documents, and other related documents for Project
Number PH 3245(00) PCN 00YA.
M. Action to authorize the Mayor to sign a letter of support for a Habitat for
Humanity
application for low interest loan funds through the SD Housing Development
Authority HOME Program Loan Fund Program.
On the motion, all present voted yes; motion carried.
Public Hearing – Ordinance No. 01-09-Rezoning. A public hearing was held on
Ordinance No. 01-09, a petition to rezone the East 60 feet of Lot G, Beale Addition from a
Residence R-2 District to a Planned Development District (1316 6th St.). No public comment.
A motion was made by McClemans, seconded by Reed, to approve Ordinance No. 01-09. All
present voted yes; motion carried.
Public Hearing – Ordinance No. 02-09-PDD. A public hearing was held on Ordinance
No. 02-09, a major amendment to a Planned Development District on Lot G, Beale Addition
pertaining to a change in land use from Residence R-1B District uses to Residence R-3 and
Business B-2 District uses (1300 block on 6th Street).
Public Hearing: Dan Hanson, Planning & Zoning, clarified this is a change from single-family to high-
residential, and is a new initial development plan for the area. The Planning Commission set three
stipulations: additional landscaping on North and West lot lines, detailed information on uses
submitted for minimum parking standards, and a drinking establishment as defined in city ordinance
would not be permitted. The final development plan would be submitted to the Planning Commission
at a later date.
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May 12, 2009
38
David Kneip, 1218 6th St., is in favor of this development. Kneip and his neighbors concerns lie with
access off of 13th Ave. The intersection of 6th St. and 13th Ave. is very busy with Hillcrest School and
Aquatic Center traffic. They see access to the property from 6th St. as more favorable. Kneip
questioned if Gatzke would have to work with SDDOT on this issue.
ACTION: A motion was made by Bartley, seconded by Reed, to approve Ordinance No. 02-
09. Council discussion: Council Member Bartley asked Gatzke if he has visited with SDDOT in regards
to access from 6th Street. Gatzke has not. Hanson stated the city’s zoning ordinances are stricter than
SDDOT. SDDOT has a maximum width of 40’ for an access drive; the city’s is 30’. Access drives are
mostly promoted off of side streets, not major arterial streets. Highway 14 impacts all local streets that
intersect with it. Council Member Brunner added the increased traffic at 13th Avenue and 6th Street is
also due to SDSU closing the 12th Avenue access to campus, and rerouting that traffic to 13th Avenue.
Hanson stated he would be surprised if SDDOT wouldn’t allow using the existing access to this property
off of 6th Street. The access to this property needs to be decided upon to be able to present a final
property plan to the Planning Commission.
AMENDMENT: A motion was made by Whaley, seconded by Reed, to amend the main motion
to maintain access to this property off of 6th Street contingent upon SDDOT approval. All
present voted yes; motion passed to amend.
On the main motion as amended, all present voted yes; motion passes.
Public Hearing – Ordinance No. 03-09 - Rezoning. A public hearing was held on
Ordinance No. 03-09, a petition to rezone the North 115 feet of the East 50.1 feet of Lot 5,
Block 3, First Addition from a Business B-2A District to a Business B-2 District (506 3rd Street).
No public comment. A motion was made by Brunner, seconded by Whaley, to approve
Ordinance No. 03-09. All present voted yes; motion carried.
Public Hearing – Ordinance No. 04-09 - Conditional Use. A public hearing was held on
Ordinance No. 04-09, an application for a conditional use to establish a two-family dwelling on
the South ½ of Outlot 11 in the SW ¼ of Section 35-T110N-R50W (1812 Main Ave. So.).
Hanson stated the Planning Commission denied this conditional use as there are no other medium
density uses in this neighborhood, and there are available lots in the community for this use. They
didn’t see this as an appropriate conditional use for the neighborhood.
Public Comment: Nita Sachen, 1802 Main Ave. So., spoke against this conditional use. She resides to
the north, and is currently concerned with the number of vehicles parked in the driveway, and if
changed to a 2-family dwelling, there would be possibly more vehicles. She does not like the idea of
turning the backyard into a parking lot and fencing it in to accommodate the extra vehicles. She also
expressed concerns with the inherent risk of parties.
ACTION: A motion was made by Bartley, seconded by McClemans, to approve Ordinance
No. 04-09. Council Discussion: Council Member Bartley supports the Planning Commission’s
recommendation to deny this conditional use. All present voted NO; MOTION FAILED.
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39
Resolution No. 10-09 - Lease Real Property. A public hearing was held on resolution No.
10-09, a resolution of intent to lease real property (Nichols). No public comment. A motion
was made by Reed, seconded by Whaley, to approve. All present voted yes; motion carried.
Resolution No. 10-09
Resolution of Intent to Lease Real Property
BE IT RESOLVED by the governing body of the City of Brookings, South Dakota, that the City
of Brookings intends to enter into a Lease with Justin Thompson for the 2009 season,
commencing on February 15, 2009 and ending December 31, 2009, and pertaining to the
following described property: The designated farmland, forty-eight (48) acres more or less in
Section 21, T110N, R50W in the City of Brookings, Brookings County, South Dakota. The
Lease will be an amount of Fifty-One Dollars ($51.00) per acre for pasture/hayland annually,
payable first half on April 1 and the remaining half on November 1.
BE IT FURTHER NOTED, that a Public Hearing on this Resolution was held on February 10,
2009 at 6:00 o’clock P.M. at the City Council Chambers and that all persons were given an
opportunity to be heard on the intent to lease real property.
Resolution No. 11-09 - Lease Real Property. A public hearing was held on Resolution
No. 10-09, a resolution of intent to lease real property (Kastner). No public comment. A
motion was made by Reed, seconded by Whaley, to approve. All present voted yes; motion
carried.
Resolution No. 11-09
Resolution of Intent to Lease Real Property to Private Entity
BE IT RESOLVED by the governing body of the City of Brookings, South Dakota that the City
of Brookings intends to enter into a Lease with Wayne Raabe and Michelle Hartman for a
period of one year and pertaining to the following described property: Lot Fifteen (15) in Block
Twelve (12) of East Acres Second Addition to the City of Brookings, County of Brookings,
State of South Dakota; also known as 368 22nd Avenue South.
BE IT FURTHER NOTED, that a Public Hearing on this Resolution was held on this 10th day of
February, 2009 at 6:00 o'clock P.M. at the City Council Chambers and that all persons were
given an opportunity to be heard on the intent to lease real property.
Lease Agreement: 368 22nd Ave. So. A motion was made by Reed, seconded by Brunner,
to authorize the City Manager enter into a lease agreement with Wayne Raabe and Michelle
Hartman for the rental of property location at 368 22nd Avenue South. No public comment.
All present voted yes; motion carried.
Public Hearing - House Moving. A public hearing was held on a house moving request
from Misty Carlson to move a one-story, single family dwelling (Governor’s House) from
Springfield, SD to Lot 12A, Parsley Way Addition, also known as 517 Shamrock Lane. No
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May 12, 2009
40
public comment. A motion was made by McClemans, seconded by Reed, to approve. All
present voted yes; motion carried.
Quarterly Financial Report for the Brookings Municipal Liquor Store. Weldon gave
an overview of the BMLS 4th quarter financials. The net profit was 14.75%, significantly above
the 8% projections. The margin was 10.87% and the override was 9.11%, with net operating
profit of 8.19% for retail. He sees these increases being due to the changes made in the
operation from mid-year on.
Brookings Health Systems Task Force. Bartley stated his intention is not to facilitate a
sale of the hospital, but rather look at how to leverage the asset to get things for the city that it
can’t get for itself. He would like to see the City Manager and BHS Board President form this
task force and set the mission, goals and objectives.
Al Heuton, BEDC Executive Director, gave an overview of the Long-Term Health Care Study
in progress. The scope of the study has been expanded to look at retirement community
development as well, not just nursing homes. They have received three Requests for Proposals,
and have conducted a phone interview with the preferred consultant. Heuton projects having a
consultant on board within the next 30 days. It will take approximately eight months to
conduct the study itself.
Munsterman stated we need to determine what our market, what our niche, in the region is
and how does it fit within the economic development plan. The task force would look at
whether or not to keep the hospital.
Bartley believes looking at the Hospital as an asset should be dealt with prior to the Long-Term
Health Care Study. He feels as an elected official, it is a duty to take that look…to look at all
options.
Munsterman agreed that resources need to be used appropriately for the best benefit and the
economic development plan. What is going to come out of the study will help make decisions
on how to leverage assets. This is something that is going to take some time.
Brunner questioned if the Long-Term Health Care Study will be looking at some of the things
Council Member Bartley wants this task force to look at. Munsterman stated the information
found in the study will give a picture of health care delivery. The study may find owning the
hospital independently is better than selling it, or discover that we need a partner. It will help
find the information which isn’t in front of us today, to give the scope of health care; that is the
picture he wants the council and BHS Board need to have in front of them before discussion
ensues on what to do with the asset of the hospital.
Bartley asked if the study would be expanded to cover those things the hospital does. Heuton
clarified there is a component in the study which looks at services required by retirees;
however, it does not address everything the hospital does.
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May 12, 2009
41
Reed understands it as looking at the best option for long-term health care. The study was
broadened to look at how does health care relate in total to long-term care versus just the
building. It should tell us what we need for retirees.
Bartley stated the study is limited in scope. There is some overlap, but not enough of the issue
of the hospital … the entire asset functionality. Nursing, sports medicine, etc. are not covered
in the study.
Whaley said everyone is concerned about the future of the hospital, but has never heard
anyone say ‘sell the hospital’. She feels updates from the BHS Board to the Council would be
helpful in knowing what is going on, what the issues are. Need to look at all age groups, not
just those of retirement age. If stay focused on long-term, an age group is being missed.
Munsterman asked if there is a need for a second task force. Bartley stated the long-term study
has a focus and doesn’t want to change that midstream. However, this task force he envisions
to be less intensive; not entitled to make any decisions.
Roberta Olson, Chair of Strategic Planning Committee, stated they intend to continue with
their internal work and will work with the Long-Term Health Care Study results when the
study is completed. Olson sees a high level of satisfaction of care at BHS and believes they are
on track with health care trends. She discourages forming another task force.
Debra Johnston, BHS Board member, stated if maximizing health care is being looked at, there
are opportunities for growth/expansion. The medical field is a constantly changing
environment. Her concern is asking people without a medical background to make decisions
on where to go with health care in the community. She sees this as asking another set of
people to do what the BHS Board has been charged with doing and is not the best use of
resources.
Bartley questioned why the concern at looking at this. There are four new BHS Board
members who were not around at the time the regional medical providers gave proposals a few
years back. He doesn’t understand the downside of looking.
Brunner expressed his confusion of what is or isn’t being looked at in the Long-Term Health
Care Study.
Reed clarified the proposals reviewed four or so years ago was a result of the Brookings
Medical Clinic being sold to Avera. That caused some concern as to what is going to happen to
our hospital asset. The BHS Board stepped up at that time and stated the best way to go
forward was to stay independent. The BHS Board has made good decisions in the past and
sees no reason to not trust in their decisions.
McClemans stated the council has been out of touch with the BHS Board when council
members no longer served as ex-officio members of the board. The council needs to be better
informed. He is not against nor for a task force, and is willing to forward with the BHS Board’s
judgment.
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42
Munsterman recommended a joint meeting of the BHS Board and the council to discuss and
review the BHS Board’s strategic plan; where they have been, why they are where they are, and
where do they want to go. He is in favor of putting two council members on the BHS Board as
ex-officio members.
ACTION: A motion was made by Bartley, seconded by Whaley, to direct the City Manager to
bring a proposal for the task force for the Brookings Health System review. All members voted
no, except Bartley and Whaley voted yes; MOTION FAILED.
ACTION: A motion was made by Munsterman, seconded by Whaley, to set aside time for a
joint meeting of the City Council and the Brookings Hospital Board of Trustees to review and
update on their strategy. Whaley added a friendly amendment of meeting every other month.
All present voted yes; motion passes.
Council Member Brunner requested a report from BEDC on the Long-Term Health Care Study
and what it is going to be looking at.
Revised Restaurant Liquor Operating Agreement. Weldon stated the only amendment
is on page 5, Section XVIII of the operating agreement. He recommended striking the entire
first sentence, and deleting the term ‘auditing’ and inserting ‘reporting’ in the second sentence.
Bartley and Reed agreed.
Bartley asked if Brunner found anything that defined the Point-of-Sale System. Brunner did not
find a clear definition, only reference to a computer-means for determining point-of-sale. He
doesn’t think it matters what type of system, as long as it is electronic to allow for a firm
reporting mechanism. Bartley stressed it must be a system that is able to be audited.
McClemans asked if those licenses will belong to the city and if they would be the same as an
operating agreement. Britzman stated it is uncertain if the state considered those licenses
owned by the city or the licensee, as the statute doesn’t address that point. He feels these
licenses would be treated much the same as the current operating agreements. McClemans
asked if the license would belong to the city. Weldon clarified they would.
ACTION: A motion was made by Whaley, seconded by Bartley, to remove the first sentence
of Section XVIII by recommendation of the City Manager.
Discussion: Reed stated he is still struggling on this issue in regards to the 60/40 and state
requirements. He suggested taking out ‘industry-standard’ and let the licensee come up with their own
system. The licensee knows they will be audited and if not reporting what they should, their license
could be pulled. Munsterman asked to review the operating agreement one more time with edited
changes and bring back for final approval at the next meeting.
On the motion, Brunner and Munsterman voted No; Bartley, Bezdichek, McClemans, Reed and
Whaley voted yes; motion passes.
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43
Adjourn. A motion was made by Munsterman, seconded by Whaley, to adjourn. All present
voted yes; motion carried. Meeting adjourned at 8:47 p.m.
CITY OF BROOKINGS
Scott D. Munsterman, Mayor
ATTEST:
Shari Thornes, City Clerk
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May 12, 2009
44
Brookings City Council
March 24, 2009
(unapproved)
The Brookings City Council held a meeting on Tuesday, March 24, 2009 at 5:00 p.m., at City
Hall with the following members present: Mayor Scott Munsterman, Council Members Julie
Whaley, Ryan Brunner, Tim Reed, Mike McClemans, and Mike Bartley. Council Member Tom
Bezdichek was absent. City Manager Jeff Weldon, City Attorney Steve Britzman, and City
Clerk Shari Thornes were also present. The meeting was called to order at 5:00 p.m.
First Planning District. Todd Kays, Executive Director, First District Association of Local
Governments, provided an update on First District’s activities and services including a review of
their organization’s annual economic development activities report.
Brookings Business-Civic Leadership Group on Early Care and Education on the
Child Care Survey findings and related research. Pam Merchant presented on the Early
Care & Education on the Child Care Survey. The Brookings Business-Civic Leadership Group
on Early Care and Education developed two years ago when a group of people from across the
community came together with the assistance of South Dakota Voices for Children to examine
early care and education in Brookings. During these two years the group met quarterly,
learned about early care and education, identified priorities, and developed and implemented
strategies to address these priorities. Merchant reported 85% of brain growth takes place by
age 3, which stresses that the early years matter. Our society has changed, leading to parents
working rather than staying at home with young children. In South Dakota 82% of mothers
with children under age 6 work. Here in Brookings County the reality is even higher—85%. In
South Dakota 73% of children under age 6 have both parents working. In Brookings County, it
is up to 81%. It is important that our youngest children receive quality care and education.
Ideally, this comes from parents, but with parents at work, quality care options are necessary.
Statewide 47% of children under age 6 are in paid child care. Quality early care and education
is critical for both individual and community success.
Brookings County has experienced a long history of population and economic growth. In fact,
since 1890 there has been only one decade where population declined slightly during the
1930’s. Brookings economy is vibrant and several growth opportunities lie ahead. On average,
since 1992, Brookings has added over 120 new housing units per year. A recently completed
housing market study (October, 2007) indicated a conservative need of over 100 new housing
units every year for the next ten years to accommodate projected growth. Brookings
population is projected to grow at a healthy rate from 18,763 people in 2000 to 20,900 in 2010,
to 22,400 people in 2015. Much of this growth will be represented by new young families who
will need quality child care and early education.
Under the direction of Lora Fargen from Larson Manufacturing, a small work group put
together a survey on early care and education in Brookings in the fall of 2006. Employers
distributed the survey to their employees who had children needing care. 221 parents
responded with a total of 334 children among them. The respondents were from across the
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May 12, 2009
45
income spectrum, with two-thirds spending between $2,650 to $5,460 per year for child care
and/or preschool.
The findings are summarized in five points. First, there is a shortage in the supply of child care
in Brookings. This is particularly true for infant and toddler care, sick child care, children whose
parents work off-hours, and drop-in or back-up care. The availability of quality child care
providers is critical as young adults with children move to Brookings. Our community has
some excellent preschool programs in Brookings and many families avail themselves of their
services. However, there is still a waiting list for our Head Start programs to serve those
children in low-income families. 15% of Brookings County children under age 6 live at or below
the poverty level and 32% of our children under age 6 live below the self-sufficiency level of
200% of the federal poverty level.
Regarding satisfaction with child care, parents were more satisfied with location, provider
hours, and health and safety than with the education and child development aspects of the care
provided.
When asked, parents indicated that they preferred a licensed child care center to their current
child care provider if one were available at comparable cost. 27% of surveyed parents used a
registered family child care provider—these home-based businesses have been certified by the
state as meeting basic health and safety standards. 25% of parents had their child cared for in
an unregulated family child care home; 15% of parents reported their child was cared for in a
licensed child care center; 5% were cared for by a relative; and 29% did not respond to this
question or were unsure. Since 2000, the city of Brookings has had ordinances on the books
that addressed the health and safety of home-based child care providers.
From these findings the Business Civic Leadership Group identified five recommendations.
Brookings is a growing, vibrant community. The Business Civic Leadership Group recommends
that child care and early education are included in economic development discussions of future
infrastructure. As young families move to Brookings, they have child care needs. It is
recommended that the community address the need for infant-toddler, off-hour, sick, and drop-
in/back-up child care. Specifically, it is recommended that companies along with community
organizations work together to seek shared solutions to unmet child care needs. Regarding
preschool, it is recommended that strong support for the high quality community preschool
programming for 3 and 4-year old children, and expansion of these programs where needed so
that all families, regardless of income, can access educational opportunities for their children.
The city is in the process of hiring a code-enforcement officer. The Business Civic Leadership
Group recommends that the community support and work with the city as it moves toward
enforcement of the child care ordinance through this officer. Enforcement, however, is not
enough. Assistance to the home-based child care providers is needed to meet the
requirements of the ordinance.
Update on Bike Lane Project. SDSU students 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 Council reviewed the draft bike route map
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46
showing the locations that would be best suited for a bike route with three options for bike
routes:
1) Sharrow: stencil and signage; 2) shared parking/bike lane: stencil, signage, striped bike lane
(keep parking) **(this is no longer an option because the streets are too narrow – see below);
and 3) 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.
City staff discovered that the four foot bike lane designated as a “shared parking/bike lane”
where parking would remain would not be an option because the streets are too narrow to
accommodate the proper width of the lanes. The Sioux Falls bike route coordinator indicated
that the “shared parking/bike lane” width is typically 7 or 8 feet wide to accommodate the
width of a car. The map has been updated to eliminate this option because the streets are too
narrow.
Dean Kattelmann, SDSU Physical Plant Director-Facilities Management, has said one option
could be to make 13th Avenue a north-bound one-way street from 6th Street to 8th Street and
to make 12th Avenue a south-bound one-way street from 6th Street to 8th Street. City staff has
not explored this option, but was mentioned to gage the interest of this option.
The staff presented a draft route for the SDSU area. The Council discussed the possible
removal of parking, future public hearings, and other issues that people may have. An estimated
project cost will be calculated after the route has been approved.
ACTION: A motion was made by Reed, seconded by Brunner, to direct city staff to investigate
creating exclusive bike lanes on 8th Street (from Medary Avenue to 3rd Avenue) and on Medary
Avenue (from 6th Street to 11th Street), and 11th Street (from Medary Avenue to 3rd Avenue)
and shared parking lanes on 3rd Avenue (from 8th Street to 11th Street). Also requested
investigating the possibility of one-way streets on 12th and 13th Avenues between 6th Street and
8th Street. Discussion: Whaley expressed concern about the residential area on 3rd Avenue
with heavy traffic to rentals. All present voted yes; motion carried
6:00 P.M. CITY COUNCIL MEETING
Consent Agenda: Amendments to Ord. No. 06-09 were noted. Resolution No. 28-09, a
resolution authorizing the execution of an agreement to become a member of the Brookings
Regional Railroad Authority, was added to the agenda. A motion was made by Brunner,
seconded by Bartley, to approve the agenda as amended which included:
A. Action to approve the agenda as amended.
B. Action to approve minutes of February 24, 2009 and March 10, 2009.
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C. Action to award bids for aerial lift truck for Forestry Dept. to Altec for $121,206.
Bids were received and opened on March 3, 2009 were as follows: ABM, Hopkins,
MN for $143,914 (Alt#1 deduct of $1060 Alt #2 add of $275), Altec, Fort Wayne,
Indiana for $119,806 (Alt#1 deduct of $1200 Alt #2 add of $1400).
D. Action on Resolution No. 24-09, authorizing transfer of funds between loan funds for
airport plow.
RESOLUTION NO. 24-09
Resolution Authorizing An Advance To The Airport
Fund For The Purchase Of Snow Removal Equipment
WHEREAS, Resolution 20-09 authorizes the purchase of airport snow plow in the
amount of $172,907.85, and
WHEREAS, it is in the best interests of the City of Brookings to finance the purchase of
said airport snow removal equipment by a loan from the Liquor Fund to the Airport
Fund,
NOW THEREFORE, BE IT RESOLVED, that the City Manager is directed to execute an
Interfund Loan from the Liquor Fund to the Airport Fund, providing an annual interest
rate of 3%, payable as follows:
YEAR PAYMENT PRINCIPAL INTEREST
2010 6,865.00 1,677.76 5,187.24
2011 6,865.00 1,728.10 5,136.90
2012 6,865.00 1,779.94 5,085.06
2013 172,753.71 167,722.05 5,031.66
Totals 193,348.71 172,907.85 20,440.86
E. Action on Resolution No. 25-09, appointing on election workers for April 14th
municipal election.
Resolution No. 25-09
Appointment of Election Judges
WHEREAS, a City of Brookings Municipal Election will be held on April 14, 2009 for the
positions of two Council members; and
WHEREAS, as required by SDCL 9-13-16.1, the City Council must appoint Election
Superintendents and Deputies and set their rate of compensation; and
WHEREAS, the following superintendents and deputies are hereby appointed at a rate
of $10.50 per hour for superintendents, $10.00 per hour for deputies, and a flat fee of
$20.00 for the April 13, 2009 Election School: RESOLUTION BOARD: David
Peterson, Larry Hult , ALTERNATE: Karen Cook; PRECINCT 1 - Tompkin’s Alumni
Center: Harold Widvey, Superintendent, Lois Widvey, Madeline Francis,
ALTERNATE: Bobbe Bartley; PRECINCT 2 - 1st Lutheran Church: Neva Jean Corlett,
Superintendent, Norma Linn, Leslie Tlustos, ALTERNATE: Marcella Hadley; PRECINCT
3 - City Hall; Verle Barg, Superintendent, Linda Santema, Barb Woolworth,
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May 12, 2009
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ALTERNATE: Russell Lokken; PRECINCT 4 - Ascension Lutheran Church: Sue
Knutzen, Superintendent, Marilyn Foerster, Sharon Anderegg, ALTERNATE: Karen
VanderWal; PRECINCT 5 – Bethel Baptist Church: Hazel Hauff, Superintendent, Marlys
Berkland, Char Honkomp, ALTERNATE: Mary Fiedler; and PRECINCT 6 – United
Church of Christ: Mary Peterson, Superintendent, Dorothy Williamson, Charleen
Forsyth, ALTERNATE: Delores Canaday.
F. Action to award bids for library coffee shop to Dallas I. Hanson in the amount of
$21,200.00. The following bids were received and opened on March 17,2009: Dallas I.
Hanson, Ortonville, MN, $21,200; Robbins Construction & Inspection, Inc., Aurora, SD,
$24,123.62; Clark Drew Construction, Brookings, SD, $25,750; B.H.I., Harrisburg, SD,
$27,896; Mills Construction, Brookings, SD, $28,995, WS Construction Management,
Sioux Falls, SD, $47, 984.
G. Action on Resolution No. 26-09, Fixing Time and Place For Hearing Upon Assessment
Roll For Sidewalk Assessment Project 2008-01SWR (2008 Sidewalk Repair Sites).
Resolution No. 26-09
Resolution Fixing Time And Place For Hearing Upon Assessment Roll
For Sidewalk Assessment Project No. 2008-01SWR (2008 Sidewalk Repair Sites)
BE IT RESOLVED by the City Council of the City of Brookings, South Dakota, as
follows:
1. The assessment roll for Sidewalk Assessment Project No. 2008-01SWR having been
filed in the office of the City Clerk on the 11th day of March, 2009, the City Council shall
meet in the Council Chambers, City Hall, in said City on Tuesday, the 7th day of April,
2009, at 6:00 o'clock PM, the said date being not less than twenty (20) days from the
filing of said assessment roll for hearing thereon.
2. The City Engineer is authorized and directed to prepare a notice describing, in
general terms Sidewalk Assessment Project No. 2008-01SWR, the date of filing the
assessment roll, the time and place of hearing thereon, stating that the assessment roll
will be open for public inspection at the office of the City Engineer and referring to the
assessment roll for further particulars.
3. The City Clerk is authorized and directed to publish said notice in the official
newspaper at least one (1) week prior to the date set for hearing and to mail a copy
thereof, by first class mail addressed to the owner or owners of any property to be
assessed at his, her or their last mailing address as shown by the records of the Director
of Equalization at least one (1) week prior to the date set for said hearing.
On the motion, all present voted yes; motion carried.
Ordinance No. 06-09 – First Reading. First reading was given on Ordinance No. 06-09, an
ordinance Entitled “An Ordinance Authorizing a Supplemental Appropriation To The 2009
Budget For The Purpose Of Providing For Additional Funds For The Operation Of The City.
Second reading - April 7th
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49
Ordinance No. 07-09 – First Reading. First reading was given on Ordinance No. 07-09, an
ordinance amending section 42-94 of the code of ordinances of the city of Brookings, South
Dakota and pertaining to the designation of a council member to attend meetings of the
hospital board of trustees in the city of Brookings, South Dakota. Second reading - April 7th
Ordinance No. 08-09 – First Reading. First reading was given on Ordinance No. 08-09, an
ordinance amending section 86-43 of the code of ordinances of the city of Brookings, South
Dakota and pertaining to the designation of a council member to attend meetings of the utility
board in the city of Brookings, South Dakota. Second reading - April 7th
Ordinance No. 09-09 – First Reading. First reading was given on Ordinance No. 09-09, an
ordinance amending Section 2-183 of the code of ordinances of the city of Brookings, South
Dakota and pertaining to the designation of a council member to attend meetings of the Swiftel
Center Advisory Committee in the city of Brookings, South Dakota. Second reading - April 7th
TABLED - Ordinance No. 05-09 – Ultimate Fighting. A motion was made by Whaley,
seconded by Reed, to remove Ordinance No. 05-09, an ordinance regulating ultimate fighting
contests in the City of Brookings, South Dakota, from the table. All present voted yes; motion
carried.
Britzman said the proposed ordinance revisions were drafted to reflect the Council’s collective
concerns with the form of the previous ordinance which did not contain medical insurance for
participants, licensed or certified referees or any form of safety standard embodied in the
ordinance. This proposed ordinance would likely be near the equivalent of the requirements
imposed in the State of California for any mixed martial arts matches, but the California
Athletic Commission also licenses referees and promoters, and of course, has the population
density to justify the Statewide regulation. He spoke with a representative of the California
State Athletic Commission who cited a recent example where the medical insurance was very
helpful. He indicated the sport is gaining much popularity and apparently their commission is
not trying to stop or limit the number of events. There are a couple of insurance companies
issuing the type of short-term insurance coverage called for in their State regulations.
He also noted that promoters of smaller revenue generating events may find it difficult to
comply with the requirements, but the ordinance was drafted only with the Council’s stated
concerns in mind.
Weldon noted that there has been a development in that there is a new state law that will
create a state boxing and martial arts regulatory board. This is potentially good news because
it’s possible that the new law contains some language that will provide guidance on regulatory
issues. The ordinance had revisions recommended by the City Attorney addressing concerns
from the previous meeting. However, in light of this new development he recommended that
staff review the new law and make further amendments to improve the document. He said
additional rules made be found that would specifically apply which would make for a better
policy. He recommended tabling action to at least one more meeting for city attorney and
staff to review the new statute.
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50
Britzman commented that we have made good progress on this document and through this
process have discovered only a few states regulate mixed martial arts. The new state law will
go into effect July 1st. Until a promoter is regulated or sanctioned, they cannot hold a mixed
martial arts event, so he assumes there will be some speed in putting the regulations together.
ACTION: A motion was made by Bartley, seconded by Brunner, to table. All present voted
yes; motion carried to TABLE.
Update on BATA Transportation Facility Lease Agreement. Weldon noted that this
item is part of a continued discussion regarding the location of a new public transportation
facility. Council direction at the last meeting was to draft a lease for two parcels in the
Telkamp Industrial Park. State law does require public hearing on leasing of property and those
legal notice requirements have delayed action on a lease until the next Council meeting. Mike
Struck, Community Development Director, has prepared a draft of the land lease agreement
between the City of Brookings and Brookings Area Transit Authority. The lease will be
contingent upon BATA’s ability to reach an agreement with Brookings County on the existing
facility.
Brenda Schweitzer, BATA Executive Director, said as of today the County Commission has
assigned a committee to research funding sources for the possible occupation and purchase of
the BATA building and will make a decision on April 8th.
She distributed a report entitled, “Brookings Area Transit Authority (BATA) Transit Facility
Expansion/Relocation Project” to the Council for review. It included a narrative on the need
for a new and expanded facility, the needs for existing services including the future expansion of
paratransit, the need for an intercity bus transportation center, SDSU transit needs, needs for
the new facility, funding requirements, personnel and equipment requirements, ridership
statistics, SWOT analysis and overall benefits narrative for the community.
She noted that public perception will be largely due to the location of transportation center.
Her Board feels it needs to be located for opportunity, convenience, and aesthetics.
Therefore, she is asking for reconsideration on the location to the 32nd Avenue location. Her
Board is focused on what it can do with the building itself and what could be incorporated and
coordinated with their services. BATA and the community is taking advantage of the stimulus
package and other state funding opportunities.
The current facility was created to meet the immediate needs without a long range plan of what
a transit center could do with the scope of coordination and working with different entities.
The new transportation board will prove to be a positive for the many sectors served. It has
opened up a better understanding of where public transportation plans fit within each entities’
projects and what they can do with coordination. For example, with the bike plan and where
to store them – the Center would be logical place to store them. A transfer center on the I-
29 corridor is logical place between North Dakota and Sioux Falls connecting with other public
transits. As the needs and opportunities grow within SDSU, the Center would be aligned now
and in the future.
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There are concerns with the 32nd area with its proximity to the Business Park will take land that
is designated for business development. A lot of those issues will hinge on what happens with
the SDDOT property on the I-29/Highway 14 intersection.
There were additional questions regarding funding sources, ridership statistics, equipment
needs, personnel needs and other operating cost projections and an overall long-range planning
document.
This item will be on the April 7th agenda for discussion and possible action on land site. Staff
will provide updates on the County and SDSU involvement. The Wiese Industrial Park will be
included in the public hearing consideration.
Discussion regarding Residential Wind Energy. Weldon reported that there has been
some interest expressed locally, as well as regionally, about the development and promotion of
wind energy for private residential use. This involves residences having wind turbines that
generate electricity for their private residential use.
As communities, businesses, and private individuals become more aware of environmental
sustainability, wind energy is seen as a “green” measure for alternative energy, even on a small
scale for private, residential use. Still, the use of private wind energy is rare in South Dakota
communities.
In addition to providing alternative energy, one of the issues involved with developing private
wind energy is the placement of wind turbines in neighborhoods. New technology appears to
be making them smaller but their size, height, and location remains an important consideration
affected by zoning regulations. Another issue involves safety considerations regarding electrical
connections and hook-up of turbines to household electrical systems as well as the possibility of
the private party “selling” back excess generated energy to the utility company.
The primary issue is whether or not to allow small or individual wind energy systems on
residential lots within the city. Technology needed to harness the power of the wind has
advanced in recent years. This new technology has made it possible to develop new turbines
or Wind Energy Conversion systems (WECs) that may be able to be used in urban and
suburban areas. WECs are usually divided into two groups; small and large wind energy
systems. Small WECs are used to power farms, homes and businesses and are used in non-
rural applications. A WEC system would usually be considered as an accessory use to some
principal use already established on a parcel.
Land use impacts that always need to be considered when adopting local regulations include
noise, safety, aesthetics and adjacent property value.
Noise from a small turbine is generally in the 45-db range but can vary depending upon the
wind speed. Cities that allow WECs usually have a provision for noise. The difficulty in
regulating this characteristic is providing the equipment and training in how to measure this in
the field. In addition, some models are noisier than others or may make more noise at different
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May 12, 2009
52
wind speeds depending upon blade design, etc. Some cities require greater setbacks to offset
this impact on adjacent properties.
Safety concerns relate to structure failure, electrical failures and climbing potential. If
professionally installed, structure and electrical failures are rare but a “fall radius” provision is a
very common requirement. Fencing to deter climbing is another common provision.
Aesthetics is a crucial issue with WECs. Individual views on what is or isn’t aesthetic vary
widely. In addition, the fact that a turbine needs to be placed above any adjacent structure or
tree in order to access the wind also makes it unable to be hidden or screened. Typically, small
WECs must be mounted at least 25 to 35 feet above surrounding objects and sometimes 50 to
120 feet above so that they perform as advertised. Turbine or structure appearance is another
component that should be addressed. Tower design such as lattice or monopole is important.
Color and lighting are issues that are commonly addressed too.
Property values will invariably be part of any argument within a neighborhood and it is one
factor that is hard to determine statistically. It is quite certain that any WEC system will have a
visual impact when installed within the perimeter of a “typical” Brookings neighborhood.
In conclusion, the South Dakota PUC sent Brian Rounds, staff analyst for the Tower Working
Group, to present their model wind energy tower regulations at the 2008 Annual Planners
Conference in Watertown. This model ordinance is attached. Brookings and other cities
around the state have been in an information gathering mode in regards to small WECs and are
still searching for turbine design variations that may be more acceptable in an urban setting.
Public Comment. Frank Kurtenbach said he tried to apply for a permit approximately one year ago
and discovered nothing is written about this issue. Wind and solar energy are becoming more popular
and Brookings will need to deal with it in the near future. Other communities are already dealing with
it such as Spearfish. He thinks he already has an ideal location backed up to pond and bike trail. He
noted that most of the City’s information pertains to a windmill farm by Wessington Springs – original
function restoration for large mills – and wouldn’t pertain to something the size of Brookings. There
are already 35-40 foot high poles along 22nd Avenue similar to what he is proposing. He is working
with a licensed dealer in South Dakota and has viewed other locations around Yankton. He noted that
there are a lot of changes including product improvement taking place in the industry combining wind
and solar.
Paul Melby, Brookings Municipal Utility Operations Manager, said Brookings has some wind generation
through the Missouri River group. Forty percent of the energy is from hydropower and five percent is
from wind generation. The problem with a small generator in town is that BMU is under contract to
buy from Missouri River and can’t buy power from any other source. BMU would have to review this
issue. He further noted that it is difficult to break contracts. The private wind tower would have to
generate less than what the customer is using because they wouldn’t be buying their own energy.
Munsterman asked if BMU’s agreement with Missouri River is exclusive. Yes. The rate is around 4.5
cents for energy from Missouri River and 2.5 cents from WAP. BMU sells at 6 cents to the residential
customer.
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53
Munsterman asked if Kurtenbach could have an agreement to buy the power he generates and BMU
transfers the power and charges 1.5 to 3 cents. Melby said if BMU had an agreement to buy power
from someone else they’d have to make arrangements for the cost of power from supplier and also
reimburse the facility for its investment (wheeling on transmission side is a cost added). Munsterman
asked as long as BMU and MR are made whole is there any reason to care. Melby said they would
need to study the allocation costs which would take a rate study of some sort.
Kurtenbach suggested gifting back to the grid. Melby said he would have to have to study the
regulations on these suggestions.
Kurtenbach said there are pros and cons on a reversible meter. Normally generators provide more
power than other times and balance out with the meter.
Bartley asked if there would be a huge increase on billing and monitoring to BMU for a small amount of
energy to transfer. Melby said the two cent wheeling fee may not be enough to cover monitoring costs.
Reed said he’d like to see the City move forward and answer these questions.
ACTION: A motion was made by Reed, seconded by Brunner, to direct the Planning
Commission to look at creating ordinances to allow private wind generation. Further direct
staff to work with Brookings Municipal Utilities on answering the legal and cost related
questions posed regarding how this transaction would work. All present voted yes; except
Bartley voted no; motion carried.
Resolution No. 28-09 – Railroad Safety Authority. A motion was made by McClemans,
seconded by Whaley, to approve Resolution No. 28-09, a Resolution Authorizing the Execution
of an Agreement to Become a Member of the Brookings Regional Railroad Safety Authority.
NO ACTION TAKEN. Due to legal notice requirements, the motion was withdrawn and
rescheduled for action on April 7th.
Rail Authority Agreement. A motion was made by Brunner, seconded by Whaley, to
TABLE action on authorizing the Mayor to sign an agreement between the City of Brookings
and Brookings County establishing a Rail Authority, until April 7th. All present voted yes to
TABLE.
Storm Water Project List. The City Council reviewed a proposed Storm Water prioritized
project list and discussed land acquisition, funding and design.
The Draft City of Brookings Master Drainage Plan and schedule was adopted by the City
Council at their September 23rd, 2008 meeting. The Master Drainage Plan includes thirteen
specific study areas, SWMM model data for the City of Brookings and future growth areas, and
cost estimates for projects. The Master Drainage Plan is not intended for maintenance and
nuisance issues. The Master Drainage Plan addresses two general issues, which are
improvement of existing drainage conditions throughout the City of Brookings and future
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May 12, 2009
54
growth areas and technical SWMM model data which may be used by consultants for drainage
analysis of existing and future developments.
The City Council adopted the Project Ranking System and the criteria weighting at their work
session on February 24, 2009. The Draft #1 of the Drainage Improvement Project Ranking
results were discussed and placed on the City of Brookings website for public viewing. A public
notice of this meeting was sent to interested persons and a press release was issued for this
work session to further solicit public input.
The Storm Drainage fee was established for the purposes of raising revenue for storm drainage
purposes and is tracked through the Storm Drainage budget. The current 2009 unit financial
charge for the drainage fee is 0.00036. The unit financial charge was doubled in 2006 from its
previous rate of 0.00018. The adopted 2009 storm drainage budget is summarized as follows:
Revenue: $538,855 (Approximately $500,000 is current revenue from drainage fees)
Expenditures: Personnel Services: $93,831 (1FTE from Street Dept. and .3 FTE from
Engineering); Consulting/Engineering: $50,000 ($15,000 to be used for 15th St S detention
pond drainage plan); Maintenance Storm Sewer: $55,000 (paid to BMU for cleaning of pipe
system); DENR Storm Water Phase II: $1,500 (BMU stuffer, psas, stenciling); Land: $126,000
Storm Sewer Improvements: $200,000
As an implementation plan, staff recommended the following strategy for discussion:
1) Identify the top three projects as first priority
2) Begin design, acquire necessary easements, and possibly construct projects in 2009. This
will take some time to gain easements, perform ground survey and develop plans and
specs. The design work will most likely be farmed out to local consultants.
3) Begin potential land acquisitions and make partial payment for land in 2009 (balance of
the payment can be budgeted and paid in 2010).
4) Bid and construct top three projects in 2009 or 2010 (depending on fund availability).
This will include discussion during the 2010 budget sessions regarding funding for the
three projects. Some funding options include: supplement with general fund dollars,
bonding, SRF loan where the drainage fee could pay back the loan amount or increase
the drainage fee. A more accurate engineer’s estimate will be established as the
projects are designed with final quantities. The engineer’s estimate can be used to
determine the order in which the projects will be constructed.
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ACTION: A motion was made by Bartley, seconded by Reed, to adopt the Drainage
Improvement ranking system as presented and to start the process as ranked, bringing back to
the City Council with changes as necessary. All present voted yes; motion carried.
Council Topics. McClemans requested the Council bring back for review the subdivision
ordinance regarding who is responsible to pay fees.
Adjourn. A motion was made by Bartley, seconded by Reed, to adjourn. All present voted
yes; motion carried. Meeting adjourned at 7:40 p.m.
CITY OF BROOKINGS
Scott D. Munsterman, Mayor
ATTEST:
Shari Thornes, City Clerk
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May 12, 2009
56
Brookings City Council
April 7, 2009
(Unapproved)
The Brookings City Council held a meeting on Tuesday, April 7, 2009 at 5:00 p.m., at City Hall
with the following members present: Mayor Scott Munsterman (left at 6:45 p.m. and returned
at 7:45 p.m.), Council Members Julie Whaley (arrived at 6:30 p.m.), Ryan Brunner, Tim Reed,
Mike McClemans and Mike Bartley. Council Member Tom Bezdichek was absent. City
Manager Jeff Weldon, City Attorney Steve Britzman, and City Clerk Shari Thornes were also
present.
Executive Session. A motion was made by Bartley, seconded by Reed, to enter executive
session at 5:00 p.m. for purposes of discussing competitive pricing strategies with the City
Council, City Manager, City Attorney, City Clerk and BMU Executive Director present. All
present voted yes; motion carried. A motion was made by Brunner, seconded by Reed, to
leave executive session at 5:27 p.m. All present voted yes; motion carried. No other action
was taken.
Brookings Municipal Utilities Financial Reports. Laura Julius, BMU staff, reviewed
updated BMU financial reports and responded to questions. No action was taken.
6:00 p.m. Meeting Review. Jeff Weldon, City Manager, responded to questions pertaining
to the action items on the agenda.
City Clerk Report. Shari Thornes, City Clerk, provided a briefing on upcoming invitations
and obligations.
6:00 P.M. REGULAR MEETING
Consent Agenda. A motion was made by Brunner, seconded by McClemans, to approve the
consent agenda:
A. Action to approve the agenda.
B. Action on Resolution No. 33-09, awarding bids for electronics storage shed for landfill.
Resolution No. 33-09
Resolution Awarding Bid For Electronic Storage Building for the Landfill
Whereas, the City of Brookings received the following bids for an electronic storage
building at the March 31,2009 bid letting: Mills Construction, Brookings, SD for
$123,900.00; Clark Drew Construction, Inc., Brookings, SD for $129,900.00; Daren
Construction, Inc., Sioux Falls, SD for $129,941.00; Peska Construction, Inc., Sioux Falls,
SD for $132,750.00; Robbins Construction, Brookings, SD for $142,871.20; Empire
Builders, Sioux Falls, SD for $143,722.00; Beck and Hofer Construction, Inc., Sioux Falls,
SD for $145,900.00; Dallas I. Hanson Construction, Inc., Ortonville, MN for
$146,800.00; Lehtola Builders, Inc., Lake Norden, SD for $156,533.00; Gil Haugen
Construction, Sioux Falls, SD for $172,000.00; and Baldholm Construction, Inc.,
Marshall, MN for $181,320.00.
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May 12, 2009
57
Now Therefore, Be it Resolved that the low bid from Mills Construction of Brookings,
South Dakota, in the amount of $123,900.00 for the above-mentioned electronic
storage building be accepted.
C. Action to award bids for golf course mowers to Midwest Turf in the amount of
$197,151.00 for schedule five.
BID TAB MIDWEST TURF & TURFWERKS POTTER COUNTY
GOLF COURSE MOWERS IRRIGATION IMPLEMENT
MARCH 31, 2009 Omaha, NE Sioux Falls, SD Gettysburg, SD
SCHEDULE 1.
Five (5) green and tee mowers $116,810.00 $109,950.00 $103,255.00
with trade
SCHEDULE 2
Two (2) five gang fairway $74,607.00 $70,250.00 $68,478.00
mowers with trade
SCHEDULE 3
Two (2) seven gang fairway $102,463.00 $92,456.00 no bid
mowers with trade
SCHEDULE 4
Five (5) green and tee
mowers plus two (2) five $171,947.00 $174,950.00 $169,795.00
gang fairway mowers, with
trade
SCHEDULE 5
Five (5) green and tee
mowers plus two (2) seven $197,151.00 $196,450.00 no bid
gang fairway mowers, with
trade
D. Action to award bids for ice arena parking lot project to Mills Construction in the amount
of $417,000.00.
Bidder’s Name and Address Base Bid Bid Alternate No. 1 Bid Alternate No. 2
Mills Construction
Brookings, SD
$417,000.00
- $8,200.00
- $12,800.00
Peska Construction
Sioux Falls, SD
$432,700.00
- $10,500.00
- $12,000.00
Clark Drew Construction
Brookings, SD
$448,500.00
- $14,370.00
- $16,790.00
Gil Haugan Construction
Sioux Falls, SD
$454,000.00
- $8,400.00
- $13,200.00
Beck & Hofer Construction
Sioux Falls, SD
$478,000.00
- $10,000.00
- $18,700.00
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May 12, 2009
58
E. Action on Resolution No. 32-09, a resolution in support of the South Dakota Safe
Routes to School Grant Application.
Resolution No. 32-09
Resolution in Support of South Dakota Safe Routes to School Application
WHEREAS, the City of Brookings supports projects and activities that will encourage
children to walk and bicycle to school; and
WHEREAS, the City of Brookings is desirous in providing routes for children to walk
and bicycle to school; and
WHEREAS, the State of South Dakota has grant funds available for the Safe Routes to
School projects; and
WHEREAS, the City of Brookings is the sponsoring applicant for funds; and
WHEREAS, the City is capable of administering the Safe Routes to School project; and
WHEREAS, the City is prepared to maintain the new improvements.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brookings
supports the described application for the Safe Routes to School project.
F. Action to hold a special Council meeting on April 16th for purposes of canvassing the
April 14th municipal ballot.
G. Action to approve purchase of new skid steer loader off of State Department of Game,
Fish and Parks Wildlife, Pierre, SD bid for $33,540.
H. Action to authorize the Mayor to sign environmental documents for Self Help
Opportunity (SHOP) grant funds.
I. Action on request to abate a portion of the 2009 drainage fee for Parcel No. 40055-
00200-002-00, Allen Perry.
J. Action on request to abate a portion of the 2009 drainage fee for Parcel No. 40285-
00000-022-00, 1614 Western Avenue, Steve Hogie.
On the motion, all present voted yes; motion carried.
Mayor’s Annual State of the City Message. Mayor Scott D. Munsterman presented his
annual “State of the City Message” to the City Council and public.
“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”
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May 12, 2009
59
“2008 recorded another banner fiscal year for the City of Brookings. Our total governmental
fund revenues of $19,563,286 exceeded projections in our balanced budget of $19,145,228.
During the course of the year, we were presented with some purchases we could not avoid:
the purchase of two homes along the rail line at the 22nd Avenue intersection, land that
became for sale within the new proposed RPZ area at the airport and in addition, we paid off
the infrastructure costs for the new industrial park. These expenditures totaled $903,935,
which we were able to use the increases in our sales tax over and above our budgeted amount,
to pay for. Our ability to tackle these types of projects financially is the result of our city’s
financial policy and the dedication of the city administration to hold the line on expenses and
increase efficiencies within each department. Brookings is in a position of financial strength due
to this teamwork, allowing us to make strategic investments in the future.
Sales tax receipts increased 4.01% as compared to 15.42% in 2007. Our 3B taxes generated
$643,394 in 2008, holding relatively stable with a small decrease of $10,723 or -1.64% from
2007. Our 1st and 2nd penny sales tax revenue and our 3rd B revenue for the first quarter of
this year have been up 2.79% from last year this time. In light of the recession and economic
cycle we are in, I have only one thing to say: Thank you. Thank you to the people of Brookings
for shopping at home and supporting their local economy.
Employment in Brookings has remained strong as well. Brookings added 715 total employees in
2008, ranking us tied for second in total job growth in the state with Rapid City. Sioux Falls
added about 230 more total employees to the economy. Brookings also exported a number of
jobs to Sioux Falls via Daktronics and VeraSun, some which were relocated jobs and some
which were jobs we just could not accommodate due to labor shortages. We - for all practical
purposes - are number one in job generation for the state of South Dakota. The total number
of employment opportunities listed in SDWORKS, the Department of Labor’s online job
database today is 589, with a 2.2% unemployment rate; the lowest in a state that ranks third
lowest in the nation. The unemployment rate in the nation now is at 8.9% as of February. We
can be grateful to our diversified economy and the ‘yes we can’ attitude we have cultivated in
our community over the years. This attitude continues to show through in our strategic
planning over this past year.
On May 12th I will be swearing-in our new mayor, Tim Reed. I am excited to help kick off a
new era of leadership for Brookings. And I am looking forward to watching our success
continue as we move into our future. Mayor-elect Tim Reed will provide a look ahead when he
officially takes office, but today I would like for us to celebrate a look back to see how far we
have come over the last 8 years:
Words do not express the pride and honor I have felt having been elected by you to serve as
your mayor. You have elected me three times over the last 8 years. I do not take that for
granted. We have made significant progress together and here are some highlights:
We reformed the way we did business in the city and have a successful financial policy which
has brought Brookings to a position of financial strength.
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May 12, 2009
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We capitalized on the 3rd B tax (which now totals more than $600,000 in 2008) and we put to
work some creative minds on the Brookings Visitor Promotion Board to help promote and
bring more people to Brookings for events and to shop.
We have created new energy in our retail market as evidenced by the expanded retail
development efforts with the addition of Lowes, the formation of TIF districts for further
business and retail development and the new developments occurring in the area of the
University Mall. There is a new enthusiasm for retail in Brookings!
We established South Dakota’s first research park, the Innovation Campus, through a unique
partnership effort between the city, county, SDSU, SDSU foundation and the business
community in Brookings. This will prove to be one of the best investments we will have made
in the last 8 years for the future of the Brookings region. It will also pay dividends to the rest of
the state as the 125 acre park spins off research and technology businesses over the next
several decades, providing high paying jobs and opportunities for our young families.
We developed a regional partnership with the smaller communities around Brookings and have
embarked upon a larger regional collaboration with communities along the I-29 corridor,
aligning our resources within a regional growth strategy. In 2002, Senator Dorgan of ND
brought UND and NDSU together to build the Red River Research Corridor; and as a result
have amassed in attracting over $300 million in research dollars to the region. We will bring
that type of success to the I-29 corridor and Brookings will be a key player in the game.
Partnerships pay dividends.
We studied our housing market needs and this past year we saw action on that front. Housing
developments in a more ‘affordable’ range have begun. SDSU is also in the planning process of
designing residential opportunities for their student population as they continue to grow in
enrollment. As a result, pressure for student housing will lessen in our family neighborhoods
improving the quality of life for those neighborhoods from less density.
To help in our city planning needs, we hired our first community development director, to
focus our efforts more keenly in planning for the future and providing a unique interface
between our public and private sector as we continue to grow into the future. This will be a
valuable investment for our city.
We championed efforts to bring people together as a team: public and private partnerships are
alive and well and growing; improving our quality of life in Brookings. Hillcrest Aquatic Center,
the Boys & Girls Club and the new downtown streetscape all came about through the
collaboration of key people in the community coming together to get the job done. The
Children’s Science Museum, in my opinion, will tag Brookings as the ‘Wall Drug’ of eastern
South Dakota. People will come to downtown Brookings.
We’re about to start wellness programming into our park and rec system and through a unique
partnership with the SDSU wellness and health promotion students, our community will have
an opportunity to be ‘coached’ to health, providing these students with a purposeful internship
program and our citizens with the help they need to regain their health.
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We stepped forward together as a community and as a county, towards a long term solution to
rail safety in the region. Through the newly formed Brookings Regional Rail Safety Authority,
the city, county and other interested communities or townships along the rail line can
participate in the long term planning of rail safety in the region. And we will come up with a
long term solution over time. Together.
We established a transportation board that will continue to monitor and assess the needs of
our mass transit system (BATA) and provide a valuable service to not only in-city
transportation but also rural transit solutions for years to come.
Along those same lines, we have and are continuing to invest in more bicycle lanes and
pedestrian walkways for the growing number of people interested in the enjoyment of biking
and walking.
We invested in our downtown streetscape and infrastructure and now we hope for the
downtown businesses to reinvest in their storefronts like many have to make our downtown a
truly historic and authentic attraction.
Those of you at home are enjoying the televising of our council meetings. We made
investments in technology to bring government closer to the people and the success speaks for
itself.
The Brookings region is growing and thriving. One can’t help but get excited when you take a
tour around the community to see what is all going on. It didn’t happen by accident. It took
vision, planning and good decisions to bring us to this point. It will continue to take these very
same components to carry us well into our future.
When you elected me in 2001, we had the daunting task of shoring up a long list of needed
improvements, we had a 20th century economic plan and a city budget that was losing money;
leaving us in a very poor financial position. Today, significant investments have been made in
restoring our city services, preparing our community and the region for a knowledge-based
economy and bringing the City of Brookings to a position of financial strength. It wasn’t easy
making these strategic moves, but we are in a good place now as a city because of the
dedicated people, both elected and administrative, who faced the challenges head on.
We have come to a point in time in our community where we must be prepared to make
significant long term investments: investments in our airport, railroad safety, water and sewer
infrastructure for new housing developments to name a few. We have set a strategic direction
for investment in our community for the next decade to lead us well into the 21st century that
Mayor-elect Reed will address in the near future.
Brookings is known for its leadership role in innovation and creativity across the state. We
must continue to forge ahead with new ideas and sensible decisions that will bring a higher
quality of life. As we grow, please keep in mind that your city leadership, from the city council
to the volunteers who serve on our city boards as well as our city staff, are dedicated to
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serving out the mission of the city. A mission “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”.
Please remember your elected officials and city staffs’ motives and intentions are noble. So,
please give them your support.
Our mission (and let me emphasize our collective community mission) is committed to a
common cause, a common goal, and a common purpose. We can be proud of Brookings’
successful formula of leadership and teamwork. Thank you for your support over the last 8
years. Thank you for your commitment and dedication to our collective mission. Nothing
worthwhile is ever accomplished without challenges and nothing worthwhile is ever
accomplished without the combination of vision with courage. There is no doubt in my mind
our better days are ahead. But it will continue to take a culture of creativity and the
understanding of the importance to always look for a better way to address our challenges.
Let’s not rely on our past successes in our leadership or how we have done things, but rather
let’s rely on refining our vision and revising our plans together as we move ahead.
By working together, let’s continue to make ‘significant’ impacts on the lives of people in our
community and the surrounding region.”
Scott Munsterman, Mayor, City of Brookings
1st Reading – Ordinance No. 10-09. First reading was held on Ordinance No. 10-09, an
Ordinance Requiring Sanitary Conditions For Animal Dwellings In The City Of Brookings,
South Dakota. Public Hearing – April 28, 2009
Tabled Ordinance No. 05-09 – Ultimate Fighting. A motion was made by Reed,
seconded by McClemans, to take Ordinance No. 05-09: An ordinance regulating ultimate
fighting contests in the City of Brookings, South Dakota, off the table. All present voted yes;
motion carried. Original motion from March 10, 2009: “A motion was made by Reed,
seconded by McClemans, to approve Ordinance No. 05-09, an ordinance regulating ultimate
fighting contests in the City of Brookings, South Dakota.”
Revisions were made to the ordinance related to insurance levels and rules. It was noted that
the State of South Dakota has passed legislation to create a State Boxing Commission.
(Whaley arrived at 6:30 p.m.)
A motion was made by Bartley, seconded by Brunner, to table until the SD Boxing Commission
promulgates its rules. All present voted yes; motion carried to TABLE.
2nd Reading – Ordinance No. 06-09 – BUDGET Amendment. A motion was made by
Brunner, seconded by Whaley, to approve Ordinance No. 06-09: Budget Amendment, An
ordinance Entitled “An Ordinance Authorizing A Supplemental Appropriation To The 2009
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Budget For The Purpose Of Providing For Additional Funds For The Operation Of The City.
All present voted yes; motion carried.
2nd Reading – Ordinance No. 07-09 – Hospital Board Ex-Officio Members. A motion
was made by Whaley, seconded by McClemans, to approve Ordinance No. 07-09: an ordinance
amending section 42-94 of the code of ordinances of the city of Brookings, South Dakota and
pertaining to the designation of a council member to attend meetings of the hospital board of
trustees in the city of Brookings, South Dakota.
Council Discussion. Bartley noted that some Council members are in favor of this ordinance because
they felt there was better communication and information provided back to the full Council. He has
reviewed old council minutes and questioned when that board information was reported back to the full
council? He specifically referenced a motion in where all ex-officio board reports be done during open
council discussion. He reviewed old minutes and couldn’t find any reports. He agreed that the level
of reporting from the various city managers has greatly varied; however, the current manager provides
reports in detail and the communication is better and he feels the Council is receiving the information.
Since the change of government in 1999 there have been a number of Council members who have
served and he cited several who are now gone. He doesn’t know if there is any continuity of
information that comes from Council members serving as liaisons and feels it is more beneficial that the
City Manager attend those meetings. As to the question of why the Council would have ex-officios at all
as far as the Charter is concerned, he would agree that the Charter doesn’t prevent the Council from
having ex-officios or liaisons on city boards but it doesn’t say it should either. He referred back to the
original intent of the Charter as to this form of government, and in his opinion, it was basically that the
City Manager would take care of the assets of the community and the management of those assets to
a certain degree. The City has a Hospital Board that is in charge and management of those assets
administratively. He’d prefer that those reports come back to him from a party that reads financial
reports and is familiar for presenting them to the Council. Often the information is old or estimates. If
the information is important, he feels it should be reported back to the full council equally at the same
time rather than rely on reports that the Council may not get any other way. He is not suggesting that
the Council send confidential information among its membership due to open meetings laws. He feels
the communication from the city manager to the council summarizing what we need to know to help
the Council make policy decisions is critical. Referring back to the intent of the Charter, Council
members are here to set policy and that is what the Council should be doing in governance. Its intent is
to let the city manager handle those matters as directed by policy and not individual members. Council
members have the ability to attend any meeting they want to. Back when there was an ordinance
designating ex-officio council members the ordinance stipulated one member but the Council appointed
two. The proposed ordinance now still says one member but the Council intends to appoint two. The
explanation for two was one was the actual ex-officio and the other was in case the primary couldn’t
attend. The current ordinance states the City Manager or his/her designee. If the Manager couldn’t
attend in the past he’s assigned staff or request a council member to attend in his place. We have
pretty good coverage right now. He’s concerned that the ordinance is too “gray” and it should clearly
state one or two. He understands there’s a desire to know more, but council members have the ability
to attend on their own. He doesn’t see the need to change the ordinance because he feels it goes
against the Charter in this form of government.
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Munsterman said all the ex-officio reports were verbal and given at the end of the meeting with no
structure to the reporting.
Munsterman asked for clarification if the Council appointed one member as the ex-officio and one as
an alternate. He remembered that sometimes one or both attended meetings. Britzman said two
were appointed.
Munsterman asked if the Council needs to change the number from one to two ex-officios. Britzman
said yes, but the number is up to the Council to decide.
Munsterman said having two took the pressure off of members so they didn’t feel they had to make
every meeting and it split the responsibilities.
McClemans said from 2003 to 2005 he felt it gave Council member some insight into particular items,
specifically noting the Swiftel Center. The practice allows the Council members to be more informed.
All these groups come to the Council for budgets or bonding. In the past, a number of individuals in
varying positions have attended these meetings. He feels the Council has a responsibility to know,
understand and at least be aware of the situation at Swiftel Center, Brookings Municipal Utilities and
the Hospital. He noted that the recent discussions regarding the Hospital may have been different
had there been ex-off members. In the case of all three organizations, all have huge projects and
money associated with each and a person’s understanding is good across the board. The City
Manager can still attend. With respect to continuity, he feels it is a good way for the Council to stay in
touch and have an understanding of its biggest assets. He understands Bartley’s thoughts about
Charter; however, most communities don’t have the vast variety of services, businesses and assets (i.e.
liquor store, hospital, landfill, telephone, utilities). Many city managers don’t have that vast of a
background. He feels understanding and doing what is best for the city is the reason he will vote for
this ordinance change.
Reed asked the ordinance could state “up to 2 members may be designated.” Britzman said that
would require separate action to appoint the members by motion. That would be acceptable and would
leave it up to Council whether or not to make appointments. He suggested the following language:
“No more than two members of the City Council may be appointed by the mayor with the advice of the
Council to serve…”.”
AMENDMENT: A motion to amend was made by Reed, seconded by Whaley, to state “the
mayor, with the advice and consent of City Council, may appoint up to two members of the
City Council, or shall designate the City Manager, to attend meetings of the Hospital Board of
Trustees…The city council members so designated…..”.
Discussion: Bartley expressed concern with the word “may” and if the Mayor doesn’t appoint ex-
officios it leaves the Council with no liaison or communication. He suggested inserting the following
language, “or the City Manager be required to attend.”
Britzman said the Council could consider additional language stating, “In the event the mayor does not
appoint a council member or members to serve or attend, the city manager shall attend meetings of
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the hospital board.” Another option was to insert the phrase, “or shall designate the city manager,”
which was accepted as a friendly amendment.
(Munsterman left the meeting at 6:45 p.m.) Deputy Mayor Reed took over the meeting.
On the amendment, all present voted yes; motion carried. On the main motion as amended,
all present voted yes, motion carried.
2nd Reading - Ordinance No. 08-09 – Utility Board Ex-Officios. A motion was made by
Brunner, seconded by McClemans, to approve Ordinance No. 08-09: Utility Board Ex-Officios,
An ordinance amending section 86-43 of the code of ordinances of the city of Brookings, South
Dakota and pertaining to the designation of a council member to attend meetings of the utility
board in the city of Brookings, South Dakota.
AMENDMENT: A motion was made by McClemans, seconded by Whaley, to make the
following amendment: “ The mayor, with the advice and consent of City Council, may appoint
up to two members of the City Council, or shall designate the City Manager, to attend
meetings of the Hospital Board of Trustees…The city council members so designated…..”.
Discussion: Bartley restated his objection to having Council members serve as ex-officios and feels it
should be the city manager who attends.
On the amendment, all present voted yes; motion carried. On the main motion as amended, all
present voted yes; motion carried.
2nd Reading – Ordinance No. 09-09 – Swiftel Center Advisory Board – Ex-Officio
Members. A motion was made by Whaley, seconded by Brunner, to approve Ordinance
No. 09-09: Swiftel Center Advisory Board Ex-Officios, An ordinance amending Section 2-183
of the code of ordinances of the city of Brookings, South Dakota and pertaining to the
designation of a council member to attend meetings of the swiftel center advisory committee in
the city of Brookings, South Dakota.
AMENDMENT: A motion was made by McClemans, seconded by Brunner, to make the
following amendment: “The mayor, with the advice and consent of City Council, may appoint
up to two members of the City Council, or shall designate the City Manager, to attend
meetings of the Swiftel Center Advisory Committee.…The city council members so
designated…..”.
Discussion: Bartley said the Swiftel Center is under the purview of the City Manager and the City’s
budget and it’s a department and is not like the other two entities. His suggestion is that the City
Council doesn’t need liaisons on this Committee. If the Council is going to do that, is will have to assign
liaisons to all the other volunteer boards. He doesn’t feel that this committee fits that model.
Reed said he appreciates that the Council has the ability to just designate the city manager and as the
new Council starts after the election, it’s a discussion that the group can have as appointments are
being made and can give the new members a chance to have a voice at that time about how the
Council should go forward.
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Weldon said this is a little different than the Utility Board and the Hospital Board. This isn’t the old
Multiplex Board which did have operating authority. The Swiftel Center Board is advisory in nature
and their authority is much more limited and narrow in scope. Unlike the Hospital and Utilities, the
Swiftel Center is managed by a department head that is part of his Leadership Team, so he supervises
the activities of the Swiftel Center. For sake of consistency, if there is going to be an ex-officio
relationship with Council members, to be consistent, we will need to also look at that same thing for the
Library Board, Airport Board, and Park and Recreation Board. Those are advisory boards and all have
responsible staff people that work directly for him. Just like the Swiftel Center, those department
heads are charged with managing capital assets and facilities. He sees a significant difference with this
group and based on that he asked the Council to defeat the ordinance.
Reed asked if the manager of the Swiftel Center reports directly to the city manager. He’s not an
employee of the city? Weldon said he does report directly to him, but is not a city employee. The City
has a performance contract with VenuWorks and he is employed by that company. He has the same
relationship as the other department heads and attends the weekly staff meetings and comes to the
city manager on a wide variety of issues including decisions on management issues. The City Manager
manages the contract for the Swiftel Center.
Whaley noted that the Center has been changed to an enterprise fund and feels the city manager has
done a great job with the Swiftel Center and doesn’t feel the Council needs to step in.
Reed asked with the idea of an expansion, would the appointment of ex-officios help communication
flow or is everyone comfortable with the city manager reporting back? Whaley said she felt everyone
knows what is going on with the expansion and that group will have to come back to the Council for the
funds.
Weldon said there hasn’t been a discussion on how to structure the process on the expansion, but
would assume the advisory board would play an important role in working with the city council closely
on the nature and scope of an expanded facility. Venuworks would not be driving a construction
project. Their job is to manage the current facility. Managing a capital improvement like an expansion
would fall to the city manager.
On the amendment, all present voted yes, except Bartley voted no, motion carried on the
amendment.
Discussion: Reed said this is something that the Council will continue to review as it goes forward. The
ordinance does give the Council the option to not execute it as the new council. As the Council moves
forward, the relationship between the City Manager and Swiftel Center Manager would still continue
and as new council members come on, there can be a discussion on what they’d like to do.
Bartley raised the point about the city manager being designated to attend as well.
Reed said we have an interesting situation with the Swiftel Center manager being part of the leadership
team but not being a city employee. If that manager was under the direct purview of the city manager
for hiring, firing and giving direction, this would be a different situation as a ‘full’ city department.
That’s the crux of the issue.
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Weldon clarified that all the Swiftel Center employees are employed by VenuWorks and no the City.
The City’s only contractual authority is to release VenuWorks from the contract and the Advisory Board
sets that contract.
Weldon said he wasn’t here when the last contract was renewed, but presumably the role of the
Advisory Board would be to work with the City Manger to review the Contract to see in their advice if
it’s in the best interest of the operations. It’s his job to bring recommendations to the full city council on
the contract with advice and review of the Swiftel Advisory Board.
Brunner said he would support the motion. He agrees that the Swiftel Center is a different animal
from the Hospital and Utility Boards, but this ordinance gives next Council a chance to decide whether
or not want to appoint someone. He would encourage the next council to look at those options. He’s
not sure if we need a Council member on this board because the city manager does have that quasi-
department head level relationship with the Swiftel Center manager.
Reed asked the city manager if the wording should be changed that would give the manager the ability
to attend or not attend as he sees fit?
Weldon said he would attend the meetings if the Council so wishes, if not, he already has a relationship
with the Center manager.
Britzman suggested the language state, “the city manager shall coordinate with the Swiftel Center
Advisory Board
Reed suggested to table the issue and come back to it at our next meeting.
TABLE: A motion was made by McClemans, seconded by Brunner, to table. All present voted
yes; motion carried.
Resolution No. 29-09 – Leasing Property to BATA. The City of Brookings owns
parcels in the Telkamp Industrial Park and the Weise Business Park. Brookings Area Transit
Authority (BATA) was presented with an opportunity to access stimulus funds for the
construction of a new transit facility. BATA seeks to enter into a land lease agreement with the
City of Brookings to construct a new facility on the following real property: A portion of the
designated farmland in the Brookings Wiese Addition, in Section 30, T110N, R49W or Lots 8
and 12, Block 1 of the Telkamp Industrial Addition, in the City of Brookings, Brookings County,
South Dakota. This agenda item is a public hearing for a proposed lease that would apply to
either described real property listed. This resolution would allow the City to enter into a
lease agreement with Brookings Area Transit Authority for the amount of $1.00, renewable
annually. It was noted that the BEDC board of directors met on April 1 and passed a motion
to oppose the use of land at the Weise Business Park for a new BATA facility. Also noted, the
City Manager’s recommendation was in the absence of the BATA master plan, spaces needs
analysis, and operating projection, to recommend not approving a lease for either site.
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Brenda Schweitzer, BATA Executive Director, worked with the County Commission earlier in
the day on an agreement inwhere BATA is foregoing all match funding in current project. The
current agreement did include some cash and inkind funding apart from the County. In our
agreement, BATA had that to work with. BATA also understood those funds would or could
be put forward to new building. Without those funds, it creates entire other challenge.
With respect to the two proposed sites under consideration now, in working with the state on
what is being proposed ($1 million at 100% and 800K at 80%) leaves $160,000 in match funding
that BATA would need to find to make this project work. The leasing of land could be used
towards this match of $160,000. With the shortcoming from County and the Telkamp land not
generating the level of match, noting the other land may no longer be in consideration, BATA is
challenged in being able to afford this as well as work with the operating expenses.
This is a great opportunity for BATA. It’s been their position to look at the community, to
serve and do the best job they can. The collaboration efforts that have been developed have
been significant. Your opinions and expertise respected. BATA wants to use any available
funds to best of their ability as well as the community. As hard as they have worked to do this,
the answers keep coming back to location as well as match. The Telkamp site does offer the
challenges of being landlocked. BATA is sitting in a situation that their “time” is basically up
(for the funding opportunity). The positives are that the last few months have generated
some great discussion on transit both locally and within the county. She wants to stress that
BATA wants to be seen as a partner in transit, not as a headstrong group moving forward
without a plan or the support. The County has worked extensively to take the first step in
making this project possible. BATA couldn’t be at the table tonight without their work. We
understand the County’s position and appreciate the work that was done.
At this point she is challenged to go further and the Council’s comments on how to move
forward would be greatly appreciated. She is challenged with a match situation where it’s at as
well as being landlocked. BATA is not prepared to go forward at this time with current funding
opportunities and without further support. One of our challenges here is there are tough
economic times and future is cloudy. We need to recognize the burdens of local match
providers and work with them. BATA takes all of these issues and positions into perspective as
to where the city and county stand with local match. The BATA Board has been trying to
work diligently at its business plan, but that has not come through like the City had requested.
Not that BATA doesn’t have vision and goals, but the City has been looking for that too. As
the Mayor said in speech, “vision with courage,” and we’ve definitely had vision with courage
and what we need to do is find a better way to address our challenges. She asked the Council
for guidance and ideas.
Weldon asked even with the Telkamp property, the match arrangement with state doesn’t
work? Schweitzer said BATA would have to find approximately $160,000 in match. The value
of that land is unknown and she would need to know exactly what the value is.
Weldon said he didn’t know what the value of the 1.71 acres is and questioned if the state
would require an appraisal or if they would look at the assessed value even though it is tax
exempt. Schweitzer said the State looks at comparable sales in the area to determine value.
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Schweitzer said also under consideration is the land locked situation. BATA’s vision of where
we want to be, what we want to do and how we want to accomplish this -- they’ve had some
pretty grand visions. When this funding opportunity was presented, not all of their “ducks
where in a row” and no one has professed that. Statewide, this is an issue. From there,
BATA doesn’t want to burn any bridges with community or local match efforts and they want
to do best job possible. This issue has opened up good communication and possibly BATA
needs to work with the Transportation Board further and the City, County and University and
create a plan together for a transit center. This plan has been BATA’s vision. The stimulus has
put it in overdrive causing excitement and heartburn. Working with the stimulus funding is a
challenge. When you have a project such as theirs, you have to have everything lined up just
right to make work. She remains open to thoughts and ideas from the City Council.
Weldon said he didn’t think the last time the Council had this discussion we knew what the
match requirement would be and asked if this was a new development. Schweitzer noted that
she was notified of this match requirement at 3:30 p.m. prior to this meeting. She agreed that
this puts all affected in a difficult situation. Match is monumental. They are in a position that if
they want to operate a business, they need to not have overhead of match in order to operate.
Weldon noted that the match is a dollar representation of the value of the land in the form of
lease. How does that effect the operation? Schweitzer said BATA would need to have the
value of that land be at least $160,000 in order to have this funded at the 100% and the second
obstacle remains the location. As the County Commission has said from day one, if it’s not
right, do we do this? She hates to forego stimulus funding, but what’s in our community’s best
interests? This isn’t just a BATA project, it is a community project.
It was clarified by Weldon that the Telkamp property is 1.7 acres and the Wiese property can
be whatever the Council wants it to be because it isn’t parceled out yet.
McClemans suggested for value to use the city policy on industrial land at $1.00 per square
foot, making the Telkamp property approximately $130,680.
Weldon asked if the value is in excess of $160,000 and the City Council decides to lease it,
does that solve BATA’s match problem. Schweitzer said the situation with one parcel farther
to the north quite honestly doesn’t work. She doesn’t want to put a square peg in a round
hole and doesn’t want to take it just to take it. If it were adjoining there would be a greatly
possibility that it would work.
Bartley commented that the State may not want to look at two separate pieces of property.
Schweitzer said Bruce Lindholm, State DOT, has questioned what the value of that would be to
BATA.
Bartley said he appreciates BATA’s interest in trying to make use of the stimulus money. He
feels bad that this has put BATA in a difficult position in trying to put this together. He said
‘bad government’ is government that takes too long to act and it’s also bad government when it
acts hastily. Right now there are too many unanswered questions and BATA is feeling the
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pressure of that as the various local governments bombard with questions and then the local
stimulus money changes the rules. It just isn’t going to work this time around. He asked if a
second round of stimulus funding that would include transportation funds that would come out
next year. Schweitzer said there is a possibility, but according to SDDOT it depends on what
the economy is doing at the time and if they release another stimulus.
Bartley said it seems judicious to take what you’ve learned from this and well as the Council
and put a plan together and hope that additional funding comes to fruition. He said there have
been many things that have worked against BATA on this project and he isn’t faulting
Schweitzer or BATA. It’s just the situation is untenable for all us to try to make a decision.
Schweitzer said it has been a challenge and it has been something that BATA have learned
monumental things from and she totally respects where the City and County have been in
supporting the project. BATA is trying to do something very beneficial to the community. She
believes in it and it’s going to happen.
Brunner asked if it was the state or Federal government that changed the rules. Schweitzer
said they didn’t change rules, but to get anything in writing from state or Federals is very
difficult. When push came to shove all day today, this is what came out. What the State is
doing is taking their stimulus funds working them together statewide. They are trying to cover
much of the state in transportation enhancement in vehicles and property. We are very
fortunate in that there are several states are turning this money back.
Reed thanked Schweitzer for the work that was put in to get this done. Also, everyone needs
to realize that BATA has been working towards a vision – it may not be exactly where we want
it today, but all parts are starting to come together (BATA, SDSU, City, County, and
Transportation Board). Over time we will need something different. How we pay for it, we’ll
have to take look at it at that time. But we don’t want to make a bad decision now just
throwing money to get money when it could be the wrong decision for the future.
Schweitzer said with the economy where it’s at and BATA does rely on match, BATA can not
jeopardize what match they have with the economy the way it is. BATA is not going away.
It’s going to be a big challenge and BATA may be asking for garaging facilities.
Brunner thanked Schweitzer for all of her work. He’s watched BATA grow over the last seven
years. Public transportation is definitely is something the City needs to look to future growth
of the community. If we can figure out something in the second or third round of funds or
even later, if we can figure it out sometime in the future, this is something the City needs to
make as a priority as to strategic vision and planning to help match BATA’s planning and vision.
No action was taken.
Resolution NO. 27-09 – Street Assessment. A public hearing was held on Resolution
No. 27-09, Proposed Street Assessment Project 2009–02-STA. No public comments were
made. A motion was made by Whaley, seconded by McClemans, to approve. All present
voted yes; motion carried.
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Resolution No. 27-09Street Assessment Project 2009-02STA
BE IT RESOLVED by the City Council of the City of Brookings, South Dakota, as follows:
The City Council of the City of Brookings hereby declares the necessity of construction of the
streets of the City as follows:
Asphalt Pavement and miscellaneous work for a street width of forty one (41) feet for collector
streets and thirty one (31) for residential streets as listed below: Collector Street: 15th Street
South from 700 feet east of Medary Avenue to the east approximately 1525 feet; Residential
Street: Christine Avenue from 15th Street South to the north approximately 350 feet; and
Residential Street: Camelot Drive from 15th Street South to the north approximately 900 feet.
1. The general nature of the improvement is above set forth and reference for details is
hereby made to the drawings and specifications prepared by the City Engineer and on
file with the City Clerk.
2. The material to be used for asphalt paving of the street is the following:
One and one-half inch (1 ½”) asphalt surface course on a two and one-half inch
(2 ½”) asphalt base course for a forty one (41’) foot wide collector street.
One and one-half inch (1 ½”) asphalt surface course on a one and one-half inch
(1 ½”) asphalt base course for a thirty one (31’) foot wide residential street.
3. The improvement is substantially uniform. The estimated cost for asphalt paving a three
(3) inch thickness to a width of 26 feet from lip of curb to lip of curb, per linear foot of
streets is $80.00 or $40.00 per side of street. This is the estimated cost of a regular
residential street and is the estimated assessable cost for the street.
Therefore, the proposed estimated assessment per front foot of property is $40.00.
As per City resolutions, the City will assume and pay, from the general funds, for any
extra thickness required in excess of that described for residential streets and for the
extra width in excess of 31 feet back to back of the curb.
The cost of improvements to street intersections and the long side of corner lots will
be assessed to benefited properties. The cost of improvements will be apportioned to
all assessable lots and tracts of land lying within one-half block or 300 feet of the street
being improved, whichever is less.
The cost of additional asphalt for the vehicle/bus drop off areas will be assessed to the
abutting properties.
4. A description of classes of lots to be assessed is as follows: The assessable lots and
tracts of land lying within one-half block or three hundred feet of the streets
hereinabove described, whichever is less.
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72
5. The method of apportionment of benefits is as follows: The cost thereof to be assessed
against all assessable lots and tracts of land according to the benefits determined by the
governing body to accrue to all such lots and tracts from the construction of the
improvement. The assessed amount includes a 6% charge for engineering and
administration costs. The interest to be charged on the unpaid balance shall be 10%.
6. The above-described improvement shall be hereinafter referred to at Street
Improvement Project No. 2009-02STA, which shall be deemed a description of the
improvement of the streets as hereinabove set forth.
Resolution No. 31-09 – Sidewalk Assessment. A public hearing was held on Resolution
No. 31-09, levying Assessment For Sidewalk Assessment Project No. 2008-01SWR. No public
comments were made. A motion was made by Bartley, seconded by Brunner, to approve. All
present voted yes; motion carried.
Resolution No. 31-09
Levying Assessment For Sidewalk Assessment Project No. 2008-01SWR
WHEREAS, the City Council has provided for the following work to be completed under
Project No. 2008-01SWR. (2008 Sidewalk Repair Sites)
BE IT RESOLVED by the City Council of the City of Brookings, South Dakota, as follows:
1. The City Council has made all investigation which it deems necessary and has found and
determined that the amount which each lot or tract will be benefited by the
construction of the sidewalk improvement heretofore designated as Sidewalk
Assessment Project No. 2008-01SWR is the amount stated in the proposed assessment
roll.
2. The assessment for Sidewalk Assessment Project No. 2008-01SWR is hereby approved
and the assessment thereby specified are levied against each and every lot, piece or
parcel of land thereby described.
3. Such assessments, unless paid within thirty (30) days after the date of mailing of a
statement of account by the City, shall be collected by the City in accordance with the
procedure for Plan One in Sections 9-43-30 to 9-43-41, South Dakota Compiled Laws
of 1967, as amended with interest of 10% on the unpaid balance.
4. Assessments amounting to less than $300.00 shall be paid in one payment.
Resolution No. 28-09 – Railroad Safety Authority. A public hearing was held on
Resolution No. 28-09, a resolution authorizing the execution of an agreement to become a
member of the Brookings Regional Railroad Safety Authority. No public comments were
made. A motion was made by McClemans, seconded by Brunner, to approve. A motion to
amend was made by McClemans, seconded by Whaley, to designate Tim Reed and Julie Whaley
as the City representatives on the Railroad Safety Authority.
Discussion: Bartley asked why an additional railroad safety authority is needed when one already
exists. Britzman responded that adding new members to that organization wouldn’t undermine that
group, but some community may not join because there is existing debt and projects underway. That
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73
may limit smaller political subdivisions from becoming involved because of concern of future financial
responsibility if an existing project went into default. The smaller entities do not have the ability to take
that type of risk.
Britzman gave additional background on the proposed group’s taxing authority. The proposed
resolution addresses this issue in that each subdivision would need to decide to levy a tax or agree. It
would require unanimous agreement and further action is needed.
Reed said we will need a team to continue to work on railroad issues and it can’t just be Brookings, it
needs to be regional. This organization will take action to benefit the entire region.
(Munsterman returned at 7:45 p.m. and took over the meeting from Deputy Mayor Reed). On the
amendment, all present voted yes; motion carried. On the main motion as amended, all
present voted yes; motion carried.
RESOLUTION NO. 28-09
A Resolution Authorizing the Execution of an Agreement
to Become a Member of the Brookings Regional Railroad Safety Authority
BE IT RESOLVED, that the City of Brookings, South Dakota, hereby joins the Brookings
Regional Railroad Safety Authority pursuant to an Agreement establishing the Brookings
Regional Railroad Safety Authority, all as allowed by the provisions of SDCL Chapter 49-17A, as
amended; and
BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and
directed to execute the Agreement referred to above and any and all other necessary
documents to effectuate the Agreement and to create the Brookings Regional Railroad Safety
Authority (BRRSA);
BE IT FURTHER RESOLVED, that Tim Reed and Julie Whaley are hereby designated as the
official representatives from the City of Brookings to the Brookings Regional Railroad Safety
Authority.
Railroad Authority Agreement. A motion was made by Whaley, seconded by Brunner, to
authorize the Mayor to sign an agreement between the City of Brookings and Brookings
County establishing a Rail Authority. All present voted yes; motion carried.
Agreement Establishing The Brookings Regional Railroad Safety Authority
AGREEMENT made and entered into this 7th day of April, 2009, among the political
subdivisions which have executed this Agreement (the “Members”) pursuant to a Resolution of
the governing body of each political subdivision authorizing such execution after due notice and
hearing as established by the affidavit of publication attached hereto. (Attached hereto
collectively as Exhibit A are the Resolutions referred to above).
WITNESS:
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May 12, 2009
74
WHEREAS the parties to this Agreement are desirous of maintaining and improving the railroad
in or adjacent to the respective jurisdiction through the use of a Regional Railroad Authority as
allowed by South Dakota law, SDCL Chapter 49-17A.
NOW, THEREFORE, the parties to this agreement agree to establish the Brookings Regional
Railroad Safety Authority (BRRSA) under the terms and conditions following:
ARTICLE 1. Creation, Purpose and Powers. That there is hereby created a Regional Railroad
Authority incorporated pursuant to the provisions of SDCL Chapter 49-17A as a political
subdivision of the State of South Dakota authorized to exercise a part of the sovereign powers
of the State; which entity shall conduct its affairs in accordance with SDCL Chapter 49-17A for
the purposes authorized therein and shall be empowered to exercise all powers granted by said
Chapter as amended, except as specifically provided to the contrary in this Agreement or the
By-laws.
ARTICLE 2. Name. That the name of the Regional Railroad Authority created hereby shall be
the Brookings Regional Railroad Safety Authority (BRRSA).
ARTICLE 3. Members. That the names of the political subdivisions of the State of South
Dakota which have approved this Agreement and are initial members of the BRRSA are as
follows: County of Brookings and the City of Brookings. That as allowed by law, any political
subdivision qualified to join the BRRSA subsequent to the date of this Agreement shall so
indicate its desire by depositing with the Chairman of the BRRSA a supplement to this
Agreement executed by such political subdivision and a Resolution of the governing body (as
defined by South Dakota law) of such political subdivision authorizing such execution. A political
subdivision shall become a member of the BRRSA upon approval of its executed supplement to
this Agreement by the Members of the BRRSA and the filing of the same with the Secretary of
State of South Dakota.
ARTICLE 4. Representatives. That the names and address of the persons initially appointed by
the Resolutions approving this Agreement to act as representatives of the subdivisions in the
exercise of their powers as members of the BRRSA are as follows:
COUNTY OF BROOKINGS: Deanna Santema and Alan Gregg.
CITY OF BROOKINGS: Tim Reed and Julie Whaley
If additional subdivisions join the BRRSA, they shall also be represented by two (2) members
each.
ARTICLE 5. Registered Agent and Office. That the name and address of the initial registered
office and the name of the registered agent at such office are as follows:
Jeffrey W. Weldon, City Manager, City of Brookings, P.O. Box 270, Brookings, South Dakota
57006.
ARTICLE 6. Board of Commissioners. That the Board of Commissioners of the BRRSA shall be
comprised of two (2) Commissioners representing each member subdivision which is a
member of BRRSA, together with one (1) at-large Commissioner for each such subdivision, to
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May 12, 2009
75
be elected by the representatives of the Members. The Commissioners shall be elected for a
term of one (1) year. Each Commissioner shall hold office until their successor has been elected
and qualified.
That the names and addresses of the initial Board of Commissioners are as follows:
ARTICLE 7. Liability of Members. That the political subdivisions which are Members of the
BRRSA and their commissioners, council members, officers and agents shall not be liable for any
obligations of the BRRSA.
ARTICLE 8. Bylaws and Rules. That the commissioners of the Authority shall adopt and attend
such rules and By-Laws that they deem appropriate to govern the operating of the BRRSA.
ARTICLE 9. Amendments. This Agreement may be amended upon approval by a majority of the
members; each member being entitled to one (1) vote to be exercised by a majority of its
governing body.
IN WITNESS WHEREOF the undersigned have executed this Agreement in sufficient copies for
each Member to have an original with attached certified copies of the resolutions to be sent to
the Secretary of the State of South Dakota as required by SDCL 49-17A-4, each of which
constitute an original copy but all of which together shall constitute one and the same
instrument.
Malt License. A public hearing was held on an Off-Sale Malt Beverage Alcohol License
request from Kum & Go to CPI dba Zip Trip, at 1005 6th Street (W115’ Lots 1 and 2, Block 1,
Randi Peterson’s Addition), Brookings, SD and 3045 Lefevre Drive (Lot 6, N225’ of E30’ Lot 7,
Lefevre Addition), Brookings, SD. No comments were made. A motion was made by
Whaley, seconded by Reed, to approve. All present voted yes; motion carried.
Malt License. A public hearing was held on for an On-Off Sale Malt Beverage Alcohol
License request for the Cottonwood Coffee Inc. (dba – Cottonwood Bistro), Jacob Limmer
and Lynn Askew, owners, 1710 Sixth Street, Brookings, South Dakota, legal description:
Sublot 2 of Lot B, West 71.5’ of vacated alley, Block 1, Bane and Poole Addition. No
comments were made. A motion was made by Brunner, seconded by Reed, to approve. All
present voted yes; motion carried.
Resolution No. 30-09 – Wine Agreement. A motion was made by Reed, seconded by
Brunner, to approve Resolution No. 30-09, authorizing the City Manager to sign an Wine
Operating Agreement for an On/Off Wine License for the Cottonwood Coffee Inc. (dba –
Cottonwood Bistro), Jacob Limmer and Lynn Askew, owners, 1710 Sixth Street, Brookings,
South Dakota, legal description: Sublot 2 of Lot B, West 71.5’ of vacated alley, Block 1, Bane
and Poole Addition. All present voted yes; motion carried.
Resolution No. 30-09
Operating Agreement for On-Off Sale Wine
Cottonwood Bistro
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May 12, 2009
76
BE IT RESOLVED by the city of Brookings, South Dakota, that the City Council hereby
approves a Lease Agreement for the Operating Liquor Management Agreement between the
City of Brookings and Cottonwood Coffee Inc. (dba – Cottonwood Bistro), Jacob Limmer and
Lynn Askew, owners, 1710 Sixth Street, for the purpose of a liquor manager to operate the on-
sale wine establishment or business for and on behalf of the City of Brookings at the
Cottonwood Bistro located at 1710 6th Street.
BE IT FURTHER RESOLVED that the City Manager be authorized to execute the Agreement
on behalf of the City, which shall be for a period of ten years with a renewal in five (5) years.
Adjourn. A motion was made by Reed, seconded by Whaley, to adjourn. All present voted
yes; motion carried. Meeting adjourned at 8:15 p.m.
CITY OF BROOKINGS
Scott D. Munsterman, Mayor
ATTEST:
Shari Thornes, City Clerk
City Council Packet
May 12, 2009
77
Brookings City Council
April 16, 2009
(unapproved)
The Brookings City Council held a special meeting at 5:00 p.m. on Thursday, April 16, 2009, at City Hall
with the following members present: Council Members Tim Reed, Julie Whaley, Mike Bartley, Ryan
Brunner, and Mike McClemans. City Attorney Steve Britzman and City Clerk Shari Thornes were also
present. Mayor Scott Munsterman and Council Member Tom Bezdichek were absent.
Deputy Mayor Reed called the meeting to order. The City Council conducted the official canvass of the
April 14, 2009 Municipal Election. A motion was made by Whaley, seconded by Bartley, to approve
Resolution No. 34-09, a resolution approving the official canvass of the April 14, 2009 municipal election
ballot. All present voted yes; motion carried.
Resolution No. 34-09
Canvassing the April 14, 2009 Municipal Election
WHEREAS, on the 14th day of April 2009, there was held in the City of Brookings, South Dakota, an
election for the purpose electing three city council members, and
WHEREAS, the judges and clerks of said election have returned to the City Council of the City of
Brookings the official results for the purpose of the official canvass, and
WHEREAS, the City Council on April 14, 2009 has canvassed the results for the purpose of determining
the official election outcome, and
NOW, THEREFORE, BE IT HEREBY RESOLVED By the City Council of the City of Brookings, South
Dakota that the official vote at the City Election held April 14, 2009 was as follows:
City
Council
3 Year
(2)
Joni
Weber
Thomas
Bezdichek
Jael
Trieb
John Kubal Over
Votes
Under
Votes
Total Votes
Cast
Total
Ballots Cast
Precinct 1 18 23 23 31 2 7 95 52
Precinct 2 45 80 84 107 2 26 316 172
Precinct 3 41 77 60 81 2 23 259 142
Precinct 4 98 207 186 252 8 41 743 396
Precinct 5 113 198 185 273 16 51 769 418
Precinct 6 80 131 118 182 6 37 511 277
TOTAL 395 716 656 926 36 185 2693 1457
A motion was made by Whaley, seconded by Brunner, to adjourn. Meeting adjourned at 5:05 p.m.
CITY OF BROOKINGS
Mayor Scott D. Munsterman
ATTEST:
Shari Thornes, City Clerk
City Council Packet
May 12, 2009
78
Brookings City Council
April 27, 2009
(unapproved)
The Brookings City Council convened in a joint session with the Brookings Hospital Board at 5:00 p.m.
on Monday, April 27, 2009, at the Brookings Hospital with the following members present: Council
Members Tim Reed, Julie Whaley, Mike Bartley, Ryan Brunner, Mike McClemans and Tom Bezdichek.
City Manager Jeffrey Weldon, City Attorney Steve Britzman and City Clerk Shari Thornes were also
present. Mayor Scott Munsterman was absent.
Kevin Coffey, Acting CEO for Brookings Health Systems, provided past and current hospital
statistics on health care services provided by the Brookings Health Systems. There was also a
general discussion among all present on how the BHS is addressing future health care needs and
issues which included the recruitment process for emergency room physicians, a review of
2005 survey data and an update on the CEO search process.
Steven M. Larson, President, NEXT, Inc., provided an overview of the current building projects
proposed for at the Brookings Health Systems Campus in 2009. This was followed by a general
discussion regarding the formation of a City/Hospital/CommunityTask Force to review the
Brookings Health System’s vision, timeline, city’s bonding capacities, and all funding sources and
partnership opportunities.
No action was taken.
Meeting adjourned at 6:45 p.m.
CITY OF BROOKINGS
Mayor Scott D. Munsterman
ATTEST:
Shari Thornes, City Clerk
City Council Packet
May 12, 2009
79
Brookings City Council
April 28, 2009
(unapproved)
The Brookings City Council held a meeting on Tuesday, April 28, 2009 at 5:00 p.m., at City Hall
with the following members present: Tim Reed, Ryan Brunner, Mike McClemans, Tom
Bezdichek and Mike Bartley. City Manager Jeffrey Weldon, City Attorney Steve Britzman and
City Clerk Shari Thornes were also present. Mayor Scott Munsterman and Council Member
Julie Whaley were absent.
Pandemic Preparedness Coordination Committee Update. Bob McGrath, Director
of Solid Waste and Deputy Health Officer, provided the Council with an update on Committee
activities and responded to questions.
The Governor held a summit in March 2006 and communities could apply for funding starting in
April 2006. Brookings identified the following as “cooperative partners” for the grant
application: Brookings Health System, City of Brookings, Brookings County, SDSU and
the American Red Cross – Brookings County Chapter. They then identified the following
sectors of the community that should be actively involved: Health Care, Public Health,
Government, Schools, Critical Infrastructure, Industry & Business, Volunteer & Faith Based
Organizations, and Individuals & Families.
The Brookings community applied for five grants with the Brookings Health System as the lead
agency, Allan Miller as coordinator, to develop a “County Wide Response Plan.” The following
subcommittees were established with specific projects listed for each: public Education, Mass
Fatality, Supplies, Heath Care Sector, Special Populations (Special Needs), Exercises and
Training, Volunteer & and Faith Based Committee.
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 guidance with respect to vacancies on the Council. In addition, in 2003 the
City Council adopted a policy which established more detailed procedures in the event a
vacancy occurs on the Council. Accordingly, a draft process and timeline was prepared for the
upcoming vacancy including a press release, application form. Proposed process & timeline:
April 28 - Discuss Process, April 29 - Press release advertising vacated council seat, May 12 -
receive resignation letter effective that day, May 12 - Tim Reed takes Oath of Office as Mayor,
May 19 – Deadline for applications, May 26- Applicants Provide Comments to City Council
during open meeting, May 26 - Action to appoint Council Member, June 9th - Tim Reed absent
for Council meeting, June 23 - New council member takes Oath of Office. There was
consensus to proceed with the plan as proposed.
Update and Public Hearing on SDSU Bike Route and One-Way Street Plan.
Jackie Lanning, City Engineer, reviewed the Traffic Safety Committee’s recommendations on the
proposed bike route options, which in summary was to continue to allow parking on the
effected streets and utilize sharrow lanes. On the one-way issue, the Committee
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May 12, 2009
80
recommended removing parking but to keep the traffic two-way. They did discuss removing
parking during certain hours of the day.
She has received several calls from citizens expressing concern about losing parking.
Deputy Mayor Reed opened discussion for public testimony on a street-by-street basis.
The following clarifications were made by Lanning: In the 12th and 13th Avenue area, the street
is not too narrow for sharrows. It is too narrow for an exclusive lane. Parking is only on one
side of the street and the proposal is to continue with parking on one side and the sharrow
lane on the other side. There are no other one-way streets in town other than downtown
alleys. Typically a one-way is used to carry traffic down a collector street. Twelfth Avenue at
the University is permanently closed.
8th Street. Shirley Nelson, 910 8th Street, was not against the bike trail but was concerned about
property values in the area and parking for guests and service vehicles to her house.
3rd Avenue: Paul Moriarty felt the parking should be retained as recommended by the City Engineer.
Chris Daugaard, Student Senate, noted that this was the one street that was wide enough that would
not be affected by a shared lane and parking would not be impacted. Paul Moriarty also suggested the
trail connect to Sexauer Park.
11th Street: Scott Pederson, 1035 Circle Drive, felt that the corner where 11th Street abuts Medary
Avenue is dangerous. M.K. Hugghins noted where parking is located in the area. Paul Moriarty was in
favor of keeping parking the same.
Medary Avenue: Paul Moriarty said the Art Museum needs adjacent parking for elderly patrons.
12th & 13th Avenue from 6th Street to 8th Street: Brad Bonde owns a house on the corner of 12th
Avenue and 6th Street with no alley access. He is in favor of one way but is concerned about taking
away parking because their lot doesn’t have alley access. Also, any parking removed near the university
is a concern, so he like to see the parking retained.
Paul Rupp, 610 12th Avenue, has a single car driveway and no alley access and expressed concern
about losing parking and the one-way proposal.
Cliff Chandler, 617 12th Avenue, thinks bike lanes are wonderful and also thinks the one-way with no
parking is a good idea, because his driveway is often blocked by cards. He suggested no parking from
7 am to 4 pm and open on weekends and evenings.
Johnny Nelson, 625 12th Avenue, was opposed to the one-way traffic. He has lived there many years
and the biggest problem is parking with blocked driveways and was in favor of eliminating parking.
He is concerned that one-way traffic would result in increased alley traffic and cars already go through
the alleys too fast. He’d prefer two-way traffic and no parking or limited time parking. He suggested
the University students that live along that area have stickers that designates that it’s okay for them to
park there.
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May 12, 2009
81
Council Member Bezdichek noted that Lead and Deadwood issue parking permits to residents and they
can also obtain visitor permits when guests park in front of their house.
Public hearing closed.
A motion was made by Bartley, seconded by Brunner, to approve the area from Medary to 8th
Street and 3rd Avenue to 11th Street as recommended by the Traffic Safety Committee, which is
to retain all parking as currently provided and designate a ‘sharrow’ bike lane. All present
voted yes; motion carried.
A motion was made by Bartley, seconded by McClemans, to table action on the 12th and 13th
Avenue proposal for one-way traffic and removing parking for further staff research. All
present voted yes; motion carried.
6:00 P.M. REGULAR MEETING.
Consent Agenda. A correction was noted for Resolution No. 37-09. A motion was made
by Brunner, seconded by McClemans, to approve the agenda with the above amendments,
which included:
C. Action to approve the agenda as amended.
D. Action on May committee appointments. Judy McLaughlin was appointed to the
Brookings Airport Board with a term expiring May 1, 2014. Kim Wells was appointed
to the Brookings Committee for People who have Disabilities with a term expiring May
1, 2010. Joel Vargas was appointed the Human Rights Committee with a term expiring
January 1, 2010. Ashley Kuecker was appointed to the Human Rights Committee with a
term expiring May 1, 2010. June Eng was appointed to the Park & Recreation Board
with a term expiring May 1, 2014. David V. Eggers, D.C. was appointed to the Park &
Recreation Board with a term expiring May 1, 2014. Dave Leiferman was appointed to
the Park & Recreation Board with a term expiring May 1, 2010. Kaitlin Kwasniewski
was appointed to the Park & Recreation Board with a term expiring May 1, 2010. Carol
Rettkowski was appointed to the Traffic Safety Committee with a term expiring
December 31, 2011. Rob Peterson was appointed to the Visitor Promotions Committee
with a term expiring January 1, 2012. Gail Robertson was appointed to the Utility
Board with a term expiring May 1, 2014.
E. Action on Resolution No. 35-09 declaring surplus property - One (1) 1994 Bobcat Skid
Steer Loader.
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;
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May 12, 2009
82
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.
F. 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.
G. Action on Resolution No. 37-09 awarding bids for 2009-06STI Chip Seal Project.
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
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May 12, 2009
83
2009-06STI Chip Seal Project: TopKote, Inc., Yankton, SD - $187,800.00 and Bituminous
Paving, Inc., Ortonville, MN - $281,100.00
Now Therefore, Be It Resolved that the low bid of Top Coat, Yankton, SD for the low bid
of $187,800.00 be accepted.
H. Action on Resolution No. 38-09 awarding bids for 2009-02STA Street Assessment
Project.
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.
I. 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.
J. 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.
K. 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.
L. 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.
M. 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.
N. Action to approve a Preliminary Plat of Lots 3A – 11A, Nelson Eighth Addition.
On the motion, all present voted yes; motion carried.
1st Reading - Ordinance No. 11-09: First reading was held on 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
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May 12, 2009
84
1st Reading – Ordinance No. 12-09: First reading was held on 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
2nd Reading - Ordinance No. 10-09: A motion was made by Brunner, seconded by Bartley,
to approve Ordinance No. 10-09, an Ordinance Requiring Sanitary Conditions for Animal
Dwellings in the City of Brookings, South Dakota. All present voted yes; motion carried.
Resolution No. 39-09 – TID #1 Project Plan. A motion was made by Bartley, seconded
by Brunner, to approve Resolution No. 39-09, a Resolution Approving Tax Incremental Project
Plan Number One (TID #1) for the Innovation Campus. All present voted yes; motion carried.
Resolution No. 40-09 – SDSU Signage: A motion was made by Brunner, seconded by
McClemans, to approve Resolution No. 40-09, a Resolution for Approval of South Dakota State
University Vehicular Wayfinding Plan. All present voted yes; motion carried.
Airport Project - Helms & Associates Contract Amendment. The City Council
discussed a proposed amendment to the consulting contract for Airport Environmental
Assessment with HELMS & Associates. Jeff Weldon reported that 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, and Second Council Meeting (vote).
Representatives from Helms and Associates and HNTB Corporation provided the following
presentation and responded to questions.
Andy Olson, Senior Aviation Planner from HNTB presented the Brookings Regional Airport
Dual Track Process Update dated April 28, 2009. Currently, there are two alternatives under
consideration: reconfigure the existing airport or move the airport to Trenton Township.
City Council Packet
May 12, 2009
85
Both alternatives have pros and cons. The On-Airport (existing) has more environmental
impact. The Off-Airport is more financially uncertain. A preferred alternative has not yet been
chosen.
The current airport has incompatible land uses off the existing runway protection zones which
is a safety and funding issue that needs to be addressed. There is a non-standard runway
intersection which is a safety issue. Where the two runways intersect they do not overlap, but
are very close. This could result in a situation where a pilot intending to take off on the longer
runway could accidentally be taking off from the shorter runway without knowing it. The
current runway is 5,231 feet long. Based on current and future fleet mixes, 6,000 feet is
needed to uphold the fleet capacity. Additionally, wildlife attractants need to be mitigated to
the extent practicable.
The airport needs cannot be met on-site without significant reconfiguration. Due to this, a
decision was made to do a comprehensive new airport site study while at the same time
studying the on-airport solution. That study process was called the “Dual Track Process.” The
two alternatives that resulted from the process are now under consideration.
BKX expansion alternative (on-airport) has the following pros: keeps airport at same location;
is compatible with existing land use plans; would not require a complex land purchase and
redevelopment process; and existing airport buildings (public and private) can still be used.
BKX expansion alternative (on-airport) has the following cons: has an impact on wetlands,
floodplain and the floodway; Six Mile Creek is identified as typical Topeka Shiner minnow
habitat; will require the relocation of one residence; and a portion of the on-airport Brookings
Municipal Utilities facilities would need to be relocated off-airport.
New airport alternative (off-airport) has the following pros: relocates airport to a less
developed area; has fewer wildlife attractants than the BKX expansion alternative; does not
impact known wetlands, floodplains or floodways; does not impact any known threatened or
endangered species; allows for the redevelopment of existing airport site; the on-airport
Brookings Municipal Utilities facilities would not need to be relocated off-airport; and no
residential purchase is required.
New airport alternative (off-airport) has the following cons: location would be less convenient
for many airport users; removes agricultural land from production; airport use is not included
in the County Comprehensive Plan; would result in a loss of property tax base; would require a
complex relocation, land purchase and existing airport redevelopment process; and is more
expensive than BKX expansion alternative, but the sale of the existing airport property would
at least partially offset the cost differential.
The following is a brief overview of the schedule moving forward. On May 1, 2009 the Minnow
Study will be submitted to the FAA; and on May 15, 2009, it will be submitted to the US Fish &
Wildlife Service. In June, the US Fish & Wildlife Service will draft an opinion on the minnow
issued which will give a good idea of the cost and mitigation associated with the minnow. It is
anticipated that the draft EA will be issued in July which starts the clock on the public
information process which includes open houses, formal public hearings, and City Council /
Airport Board Meetings. In September the Airport Board will make the final recommendation
and the City Council will make the final decision.
City Council Packet
May 12, 2009
86
The remaining tasks prior to publishing the draft EA include a USFWS coordination, FAA
Meeting (1), and final revisions. The public information tasks include: Airport Board Meetings,
first Council Meeting and first open house, prepare for and attend the public open house,
prepare for and attend the public hearing, prepare for and attend the second Council Meeting
and prepare for and attend the SD Aeronautics Commission. The final EA tasks include FAA
Meeting (1), prepare final EA, 1st FEA revision and publish final EA.
Tasks that were already performed that were not contained in the original scope include:
meetings in Pierre (USFWS, USACE, SHPO); meeting with County Commission and Joint
Planning Commission; additional coordination with historic, endangered species and floodplain
consultants; additional coordination regarding BMU Facilities; preparation of two additional EA
drafts; and meeting with FAA in Bismarck. These tasks were not included in the original scope
because the complexity of the issues was unforeseeable, consisting of the disagreement
between SHPO, FAA, and the Historic Consultant regarding APE and the minnow situation. A
full draft EA for each alternative was required. The entire project team anticipated one
alternative would have been eliminated by now.
Both Helms and Associates and HNTB are over budget. They are both committed to
performing the remaining tasks and are not stopping their work. However, they ask the City
Council to approve their request for a contract fee amendment.
Bezdichek acknowledged that the Helms and Associates staff has been doing a great job on this
project; however, he still plans to vote against it just as he voted against the bird study for
$12,500. He expressed his frustration with the FAA because he feels they are wasteful. In
his opinion, this is a contract that continues to float and someone has to pay for it and he thinks
it should be the FAA.
A motion was made by Bartley, seconded by Brunner, to authorize the Mayor to sign
Amendment #2 to consulting contract for Airport Environmental Assessment with HELMS &
Associates pursuant to Article II compensation in Section 9 Special Conditions the ‘not to
exceed” amount of dual track development alternatives and EA portion of the agreement is
hereby increased by $84,152.54.
Council Discussion: Brunner asked what are our options. Weldon said if the city doesn’t finish these
last steps the project stops and because it is incomplete. It’s like having done nothing. Bob Babcock
reminded the Council that the City will have to be prepared to put some money into the project that
won’t be reimbursed. Eligible doesn’t mean funded. Because the City has so many airport issues and
tasks in front of them it could be many years before everything is funded. On the motion, all present
voted yes, except Bezdichek voted no; motion carried.
Adjourn. A motion was made by Brunner, seconded by McClemans, to adjourn. All present
voted yes; motion carried. Meeting adjourned at 7:25 p.m.
CITY OF BROOKINGS
Scott D. Munsterman, Mayor
ATTEST: Shari Thornes, City Clerk
City Council Packet
May 12, 2009
87
#6 - CONSENT AGENDA:
C. Action on Resolution No. 41-09, awarding bids for New Airport Fuel System.
This project entails a new airport fuel system which includes two-12,000 gallon
Flameshield double-wall above ground fuel tanks with all associated equipment. This bid
will include assisting in setting the tanks, equipping the tanks with vents, gauges,
submersibles, drop tubes and overfill valves, setting the spill container and installing the
fill piping, installing the product piping, setting, starting up and calibration of the fueling
dispensers, installing the Airport’s provided Fuelmaster system, starting the system,
incidentals and initial operations/maintenance instruction for the system.
The advertisement was mailed to area contractors and 2 builders exchanges. The bid
letting was held on May 5, 2009 and we received the following bids:
Sioux Equipment, Sioux Falls, SD $89,386.00
O’Day Equipment, Fargo, ND $114,240.00
The low bid of $89,386.00 was approximately 28% lower than the engineer’s estimate of
$125,000.00. This project is within the budgeted amount for the fuel system project for
the airport. There will be additional items needed to complete this project (concrete
slab, wiring, tank removal and restoration) which will be bid under separate future
projects. Recommend awarding the contract to the low bidder.
Resolution No. 41–09
Resolution Awarding Bids on Project Airport Fuel System Project
Whereas, the City of Brookings opened bids for the Airport Fuel System Project on Tuesday, May 5, 2009
at 1:30 pm at Brookings City Hall; and
Whereas, the City of Brookings has received the following bids for the Airport Fuel System Project: Sioux
Equipment, Sioux Falls, SD @ $89,386.00 and O’Day Equipment, Fargo, ND @ $114,240.00.
Now Therefore, Be It Resolved that the low bid $89,386.00 for Sioux Equipment, Sioux Falls, SD be
accepted.
Passed and approved this 12th day of May 2009.
CITY OF BROOKINGS
________________________________
Tim Reed, Mayor
ATTEST:
_________________________
Shari Thornes, City Clerk
City Council Packet
May 12, 2009
88
#6 - CONSENT AGENDA:
D. Action on Resolution No. 42-09, awarding bids for 2009-08STI Street
Maintenance Project – Camelot School Bike Trail.
This project is the annual street maintenance project that entails street repairs and asphalt
overlays on various streets in Brookings. This project was broken down into several work
schedules that were tied together into one contract, which were:
• Schedule A: Asphalt F.O.B. Plant (freight on board) – this is used for patching material
that the Street Department picks up at the plant
• Schedule B: Overlays – for asphalt milling and overlays on designated streets which are:
Martin Boulevard from Western Avenue to the west end, 5th Street from 3rd Avenue to
5th Avenue and 4th Street from 3rd Avenue to 5th Avenue
• Schedule C: Larsen Ice Arena Parking Lot – for asphalt digout repairs and asphalt paving
on the east side of the Ice Arena Building. This schedule does not include asphalt paving
for the east/west “through” road between the Ice Arena and Swiftel Center and 34th
Avenue. The Swiftel Center budget did not have funds available to pave the through
road.
• Schedule D: Camelot Park Bike Trail - This project includes an asphalt overlay on
approximately 1000 feet of the existing bike trail and approximately 300 feet of new
asphalt bike trail. This park is located on the north side of the new Camelot
Intermediate School.
The advertisement was mailed to area contractors and 2 builders exchanges. The bid
letting was held on May 5, 2009 and we received the following bids:
Schedule A Asphalt F.O.B. Bowes Construction, Inc. $56,306.00
Schedule B Overlays Bowes Construction, Inc. $181,052.05
Schedule C Ice Arena Parking Lot Bowes Construction, Inc. $59,685.70
Schedule D Camelot Park Bike Trail Bowes Construction, Inc. $13,019.20
Total Project: $310,062.95
The low bid for Schedule A (F.O.B.) was 5% lower than the engineer’s estimate of
$59,450.00. The low bid for Schedule B (Overlays) was 9% lower than the engineer’s
estimate of $199,948.00. The low bid for Schedule C (Larsen Ice Arena Parking Lot) was
15% lower than the engineer’s estimate of $70,200.00. The low bid for Schedule D
(Camelot Park Bike Trail) was 12% lower than the engineer’s estimate of $14,840.00. The
total of all schedules of $310,062.95 was approximately 10% lower than the engineer’s
estimate of $344,438.00.
The City is using a different asphalt mix for Schedule B and C this year as a pilot project to
test it’s performance for use as a new City asphalt standard. The oil type is the same as
previously used; however, the top layer of asphalt is using approximately 30% quartzite
instead of the standard of 85% quartzite. The engineering staff has viewed test results that
indicate the mix with 30% quartzite may be less prone to rutting, which is a common
problem in Brookings. There would also be fewer tendencies for bonding problems
between the asphalt mix and the quartzite aggregate. The contractor indicated that the
2009 asphalt bid prices were lower, in part, due to the lower cost of the asphalt specified as
City Council Packet
May 12, 2009
89
well as lower oil prices this year. The bids were well within the City’s budget for this work,
and the City may propose to perform more work the plans quantities to allow us to expend
the budgeted amounts. Any proposed increase in quantities would need to be approved by
the City Council as a change order. Recommend awarding the contract to the low bidder.
Resolution No. 42–09
Resolution Awarding Bids on Project 2009-08STI
Street Maintenance and Overlay Project
Whereas, the City of Brookings opened bids for Project 2009-08STI Street Maintenance
and Overlay Project on Tuesday, May 5, 2009 at 1:30 pm at Brookings City Hall; and
Whereas, the City of Brookings has received the following bids for Project
2009-08STI Street Maintenance and Overlay Project:
Schedule A Asphalt F.O.B. Bowes Construction, Inc. $56,306.00
Schedule B Overlays Bowes Construction, Inc. $181,052.05
Schedule C Ice Arena Parking Lot Bowes Construction, Inc. $59,685.70
Schedule D Camelot Park Bike Trail Bowes Construction, Inc. $13,019.20
Total Project: $310,062.95
Now Therefore, Be It Resolved that the low bid of $310,062.95 for Bowes Construction,
Inc., Brookings, SD be accepted.
Passed and approved this 12th day of May 2009.
CITY OF BROOKINGS
________________________________
Tim Reed, Mayor
ATTEST:
_________________________
Shari Thornes, City Clerk
City Council Packet
May 12, 2009
90
#6 - CONSENT AGENDA:
E. Action on Resolution No. 43-09, awarding bids for 2009-Sidewalk & Curb &
Gutter Replacement.
This project entails construction of miscellaneous concrete work in the 2009 sidewalk area. This
project includes repair of curb and gutter, fillets, valley gutters, curb ramps and homeowner trip
hazard sidewalks. Also included with this project is curb repair on 4th and 5th Streets between 3rd
Avenue and 5th Avenue in preparation for the asphalt overlay project. This project also includes
new sidewalk along the detention pond lots in Timberline Addition as well as accessible ramps and
sidewalk improvements in Camelot Park. There will be a forthcoming public hearing to begin the
assessment process for the homeowner trip-hazard sidewalks, and the cost will be billed to the
homeowners at the completion of the project.
The plans were mailed to several local contractors and 2 builders exchanges. The bid letting was
held on May 5, 2009 and the City received the following bids:
Concrete Contractors, Inc., Brookings, SD $65,630.00
Clark Drew Construction, Inc., Brookings, SD $75,965.00
Brooks Construction Services, Inc., Sioux Falls, SD $82,640.00
Owens Enterprises, Brookings, SD $93,135.00
Carl V. Carlson Company, Inc., Tea, SD $104,184.70
This year we saw a large variance in the bid prices, with numerous bidders taking interest in the
project. The low bidder, Concrete Contractors, Inc., is formerly the concrete crew that worked
for Consolidated Concrete and performed the City’s 2008 Sidewalk and Curb & Gutter Project.
The low bid of Concrete Contractors, Inc. for $65,630.00 was approximately 18% lower than the
engineer’s estimate of $80,250.00. Recommend awarding the contract to Concrete Contractors,
Inc., Brookings, in the amount of $65,630.00.
Resolution No. 43–09
Resolution Awarding Bids on 2009-01SWR Sidewalk and Curb & Gutter Project
Whereas, the City of Brookings opened bids for the Airport Fuel System Project on Tuesday, May 5, 2009 at
1:30 pm at Brookings City Hall; and
Whereas, the City of Brookings has received the following bids for the 2009-01SWR Sidewalk and Curb &
Gutter Project:
Concrete Contractors, Inc., Brookings, SD $65,630.00
Clark Drew Construction, Inc., Brookings, SD $75,965.00
Brooks Construction Services, Inc., Sioux Falls, SD $82,640.00
Owens Enterprises, Brookings, SD $93,135.00
Carl V. Carlson Company, Inc., Tea, SD $104,184.70
Now Therefore, Be It Resolved that the low bid $65,630.00 for Concrete Contractors, Inc., Brookings, SD be
accepted.
Passed and approved this 12th day of May 2009.
CITY OF BROOKINGS
________________________________
Tim Reed, Mayor
ATTEST:
________________________
Shari Thornes, City Clerk
City Council Packet
May 12, 2009
91
#6 - CONSENT AGENDA:
F. Action to cancel June 9th Council Meeting.
Due to a number of absences and lack of agenda items, the meeting for June 9th is cancelled.
Council action is required to schedule or cancel a meeting.
City Council Packet
May 12, 2009
92
#6 - CONSENT AGENDA:
G. Action on Resolution No. 44-09, For Bike Trail Project POENH(147) PCN 00C2.
The City of Brookings applied in 2003 for South Dakota Department of Transportation
enhancement funds for a bike trail project, and the City Council approved Resolution 41-07,
approving the Funding Agreement for this project. The bike trail will extend from the
present trail system on the south side of 3M to east of the I-29, running northerly along the
east side of I-29, crossing 6th Street at 32nd Avenue and terminating at the South Dakota
Newspaper Association lot on north 32nd Avenue. This project also includes a bike trail
loop in the South Dakota Arboretum located north of McCrory Gardens, and a trail linking
between 20th Avenue and 22nd Avenue.
This resolution will authorize the Mayor to sign the Utilities Certificate and Right-Of-Way
Certificate, which are attached. This project is tentatively scheduled for bid letting in June
2009 with an anticipated completion date of fall 2009.
Resolution No. 44–09
Resolution For Bike Trail Project
POENH(147) PCN 00C2
WHEREAS, the Brookings City Council desires the construction of the bike path project Number
POENH(147) PCN 00C2; and
AND WHEREAS, The City of Brookings certifies that the City of Brookings will move and/or adjust
or will cause to be moved, and/or adjusted, any and all utilities, whether publicly or privately owned,
lying in the path of or conflicting with the construction of said project within the limits of said
county,
AND WHEREAS, The City of Brookings certifies that the City of Brookings has acquired all
necessary right-of-way and temporary construction easements required for this project in
accordance with the provisions of the Uniform Relocation Assistance & Real Property Acquisition
Policies Act of 1970 as amended and that all improvements (utilities, fence, etc.) to be removed
under right-of-way negotiations have been moved or will be moved by the date of the letting or that
the necessary agreement has been reached with the owner(s) involved,
NOW, THEREFORE, BE RESOLVED, that the Mayor is hereby authorized to sign all documents for
the Bike Trail Project POENH(147) PCN 00C2.
Passed and approved this 12th day of May 2009.
CITY OF BROOKINGS
____________________________
Tim Reed, Mayor
ATTEST:
________________________
Shari Thornes, City Clerk
City Council Packet
May 12, 2009
95
#6 - CONSENT AGENDA:
H. Action on Resolution No. 45-09, Authorizing Mayor to Sign Agreement for
Voluntary Right Of Way Donation for Mark Lyons.
The City of Brookings applied in 2003 for South Dakota Department of Transportation
enhancement funds for a bike trail project, and the City Council approved Resolution 41-07,
approving the Funding Agreement for this project. The bike trail will extend from the
present trail system on the south side of 3M to east of the I-29, running northerly along the
east side of I-29, crossing 6th Street at 32nd Avenue and terminating at the South Dakota
Newspaper Association lot on north 32nd Avenue. This project also includes a bike trail
loop in the South Dakota Arboretum located north of McCrory Gardens, and a trail linking
between 20th Avenue and 22nd Avenue. This project is tentatively scheduled for bid letting
in June 2009 with an anticipated completion date of fall 2009.
The construction of the bike trail will require the use of a perpetual easement from Mark
Lyons for Parcel 4A, otherwise known as otherwise known as Lot 3, Block 3, Telkamp
Industrial Addition to the City of Brookings, County of Brookings, State of South Dakota.
The attached agreement and exhibit show the details of the agreement and location of the
easement.
This resolution will authorize the Mayor to sign the Agreement for Voluntary Right Of Way
Donation with Mark Lyons.
Resolution No. 45–09
Resolution Authorizing Mayor To Sign An Agreement For
Voluntary Right Of Way Donation
WHEREAS, the Brookings City Council desires the construction and improvement of the bike path
project Number POENH(147) PCN 00C2;
AND WHEREAS, The City of Brookings desires to enter into an Agreement For Voluntary Right Of
Way Donation with Mark Lions, for Parcel 4A, otherwise known as Lot 3, Block 3, Telkamp
Industrial Addition to the City of Brookings, County of Brookings, State of South Dakota,
NOW, THEREFORE, BE RESOLVED, that the Mayor is hereby authorized to sign all documents
related to the Agreement For Voluntary Right Of Way Donation.
Passed and approved this 12th day of May 2009.
CITY OF BROOKINGS
___________________________
Tim Reed, Mayor
ATTEST:
________________________
Shari Thornes, City Clerk
City Council Packet
May 12, 2009
98
#6- CONSENT AGENDA:
I. Action on Resolution No. 46-09, Authorizing Mayor to Sign Agreement for
Voluntary Right of Way Donation for Daktronics, Inc.
The City of Brookings applied in 2003 for South Dakota Department of Transportation
enhancement funds for a bike trail project, and the City Council approved Resolution 41-07,
approving the Funding Agreement for this project. The bike trail will extend from the
present trail system on the south side of 3M to east of the I-29, running northerly along the
east side of I-29, crossing 6th Street at 32nd Avenue and terminating at the South Dakota
Newspaper Association lot on north 32nd Avenue. This project also includes a bike trail
loop in the South Dakota Arboretum located north of McCrory Gardens, and a trail linking
between 20th Avenue and 22nd Avenue. This project is tentatively scheduled for bid letting
in June 2009 with an anticipated completion date of fall 2009.
The construction of the bike trail will require the use of a perpetual easement from
Daktronics, Inc. for Parcel 5A, otherwise known as Lot 1A, Block 3, Telkamp Industrial
Addition; 5B, otherwise known as Lot 4, Block 5 of Gilkerson Addition; 5C, otherwise
known as Lot 2 and the East 400’ of Lot 3 of Block 5, Gilkerson Addition; 5D, otherwise
known as Block 4 in Gilkerson Second Addition; and 5E, otherwise known as Lot 3, Block 2,
Gilkerson Addition to the City of Brookings, County of Brookings, State of South Dakota.
The attached agreement and exhibit show the details of the agreement and location of the
easement.
This resolution will authorize the Mayor to sign the Agreement for Voluntary Right Of Way
Donation with Daktronics, Inc..
Resolution No. 46–09
Resolution Authorizing Mayor To Sign An Agreement For
Voluntary Right Of Way Donation
WHEREAS, the Brookings City Council desires the construction of the bike path project Number
POENH(147) PCN 00C2;
AND WHEREAS, The City of Brookings desires to enter into an Agreement For Voluntary Right Of Way
Donation with Daktronics, Inc. for Parcel 5A, otherwise known as Lot 1A, Block 3, Telkamp Industrial
Addition; 5B, otherwise known as Lot 4, Block 5 of Gilkerson Addition; 5C, otherwise known as Lot 2 and the
East 400’ of Lot 3 of Block 5, Gilkerson Addition; 5D, otherwise known as Block 4 in Gilkerson Second
Addition; and 5E, otherwise known as Lot 3, Block 2, Gilkerson Addition to the City of Brookings, County of
Brookings, State of South Dakota,
NOW, THEREFORE, BE RESOLVED, that the Mayor is hereby authorized to sign all documents related to the
Agreement For Voluntary Right Of Way Donation.
Passed and approved this 12th day of May 2009.
CITY OF BROOKINGS
____________________________
Tim Reed, Mayor
ATTEST:
_______________________
Shari Thornes, City Clerk
200'100'050'100'CONSULTANTS:REV.DRAWN BY:JOB NO :DATE :CHECKED BY:DESIGNED BY:DATEDESCRIPTIONSHEET NO. :SHEET TITLE :PROJECT TITLE :PROJECT LOCATION :409 22nd Ave. S. P.O. Box 298Brookings, South Dakota 57006605-692-6342www.bannerassociates.com1"1/2"0SCALE REDUCTION BAR BROOKINGSBIKE PATH2009 BROOKINGS,SOUTH DAKOTAA.M.E.S.D.R.S.D.R.20720.13.00MARCH 200911EXHIBIT A 32+00TO61+00EASEMENT TABLEPARCELOWNERPERMANENTTEMPORARYS.F.ACRESS.F.ACRES5BDAKTRONICS, INC.15100.77.359699.90.225CDAKTRONICS, INC.12849.30.298846.93.205DDAKTRONICS, INC.8285.86.195726.59.135EDAKTRONICS, INC.18189.38.4212311.15.286AGREAT PAINS LODGING,LLC9055.21.214873.40.117APORTER APPLE LEASING,LLC7550.09.174472.78.108ASHREE NATHJI, INC.5556.60.133788.36.09LEGAL DESCRIPTIONS:PARCEL 5B:Lot four (4), Block Five (5) of Gilkerson Addition to the City ofBrookings, Brookings County, South DakotaPARCEL 5C:Lot Two (2) and the East Four Hundred Feet (E 400') of of LotThree (3) of Block Five (5) in Gilkerson Addition to the City ofBrookings, Brookings County, South DakotaPARCEL 5D:Block Four (4) in Gilkerson Second Addition to the City ofBrookings, Brookings County, South DakotaPARCEL 5E:Lot Three (3) in Block Two (2) of Gilkerson Addition to the Cityof Brookings, Brookings County, South DakotaPARCEL 6A:Lot Nine (9), Except the East Forty Feet (E 40') thereof, inLefevre Addition to the City of Brookings, Brookings County,South Dakota, according to the plat thereof of record, subjectto easements, restrictions and reservations of record if anyPARCEL 7A:The South Two Hundred Twenty-five Feet (S 225') of Lot Eight(8), the North lot line being Two Hundred Twenty-five Feet(225') North of and parallel to the Southern most lot line ofsaid Lot Eight (8) of Lefevre Addition to the City of Brookings,Brookings County, South DakotaPARCEL 8A:Lot Seven (7), Except the East Thirty feet (E 30') of the NorthTwo Hundred Twenty-five Feet (S 225') thereof , and Lot Eight(8), Except the South Two Hundred Twenty-five Feet (S 225')thereof, in Lefevre Addition to the City of Brookings, BrookingsCounty, South Dakota
City Council Packet
May 12, 2009
102
#6- CONSENT AGENDA:
J. Action on Resolution No. 47-09, Authorizing Mayor to Sign Agreement for
Voluntary Right Of Way Donation for Great Plains Lodging IV, LLC.
The City of Brookings applied in 2003 for South Dakota Department of Transportation
enhancement funds for a bike trail project, and the City Council approved Resolution 41-07,
approving the Funding Agreement for this project. The bike trail will extend from the
present trail system on the south side of 3M to east of the I-29, running northerly along the
east side of I-29, crossing 6th Street at 32nd Avenue and terminating at the South Dakota
Newspaper Association lot on north 32nd Avenue. This project also includes a bike trail
loop in the South Dakota Arboretum located north of McCrory Gardens, and a trail linking
between 20th Avenue and 22nd Avenue. This project is tentatively scheduled for bid letting
in June 2009 with an anticipated completion date of fall 2009.
The construction of the bike trail will require the use of a perpetual easement from Great
Plains Lodging IV, LLC for Parcel 6A, otherwise known as Lot 9, Except the East 40’ thereof
in Lefevre Addition to the City of Brookings, County of Brookings, State of South Dakota.
The attached agreement and exhibit show the details of the agreement and location of the
easement.
This resolution will authorize the Mayor to sign the Agreement for Voluntary Right Of Way
Donation with Great Plains Lodging IV, LLC.
Resolution No. 47–09
Resolution Authorizing Mayor To Sign An Agreement For
Voluntary Right Of Way Donation
WHEREAS, the Brookings City Council desires the construction of the bike path project Number
POENH(147) PCN 00C2; and
AND WHEREAS, The City of Brookings desires to enter into an Agreement For Voluntary Right Of
Way Donation with Great Plains Lodging IV, LLC for Parcel 6A, otherwise known as Lot 9, Except
the East 40’ thereof in Lefevre Addition to the City of Brookings, County of Brookings, State of
South Dakota,
NOW, THEREFORE, BE RESOLVED, that the Mayor is hereby authorized to sign all documents
related to the Agreement For Voluntary Right Of Way Donation.
Passed and approved this 12th day of May 2009.
CITY OF BROOKINGS
____________________________
Tim Reed, Mayor
ATTEST:
________________________
Shari Thornes, City Clerk
City Council Packet
May 12, 2009
105
#6 - CONSENT AGENDA:
K. Action on Resolution No. 48-09, Authorizing Mayor to Sign Agreement for
Voluntary Right Of Way Donation for Shree Nathji, Inc.
The City of Brookings applied in 2003 for South Dakota Department of Transportation
enhancement funds for a bike trail project, and the City Council approved Resolution 41-07,
approving the Funding Agreement for this project. The bike trail will extend from the
present trail system on the south side of 3M to east of the I-29, running northerly along the
east side of I-29, crossing 6th Street at 32nd Avenue and terminating at the South Dakota
Newspaper Association lot on north 32nd Avenue. This project also includes a bike trail
loop in the South Dakota Arboretum located north of McCrory Gardens, and a trail linking
between 20th Avenue and 22nd Avenue. This project is tentatively scheduled for bid letting
in June 2009 with an anticipated completion date of fall 2009.
The construction of the bike trail will require the use of a perpetual easement from Shree
Nathji, Inc. for Parcel 8A, otherwise known as Lot 7, Except the East 30’ of the North 225’
thereof, and Lot 8, Except the South 225’ thereof, in Lefevre Addition to the City of
Brookings, County of Brookings, State of South Dakota. The attached agreement and
exhibit show the details of the agreement and location of the easement.
This resolution will authorize the Mayor to sign the Agreement for Voluntary Right Of Way
Donation with Shree Nathji, Inc.
Resolution No. 48–09
Resolution Authorizing Mayor To Sign An Agreement For
Voluntary Right Of Way Donation
WHEREAS, the Brookings City Council desires the construction of the bike path project Number
POENH(147) PCN 00C2; and
AND WHEREAS, The City of Brookings desires to enter into an Agreement For Voluntary Right Of
Way Donation with Shree Nathji, Inc. for Parcel 8A, otherwise known as Lot 7, Except the East 30’
of the North 225’ thereof, and Lot 8, Except the South 225’ thereof, in Lefevre Addition to the City
of Brookings, County of Brookings, State of South Dakota,
NOW, THEREFORE, BE RESOLVED, that the Mayor is hereby authorized to sign all documents
related to the Agreement For Voluntary Right Of Way Donation.
Passed and approved this 12th day of May 2009.
CITY OF BROOKINGS
____________________________
Tim Reed, Mayor
ATTEST:
________________________
Shari Thornes, City Clerk
200'100'050'100'CONSULTANTS:REV.DRAWN BY:JOB NO :DATE :CHECKED BY:DESIGNED BY:DATEDESCRIPTIONSHEET NO. :SHEET TITLE :PROJECT TITLE :PROJECT LOCATION :409 22nd Ave. S. P.O. Box 298Brookings, South Dakota 57006605-692-6342www.bannerassociates.com1"1/2"0SCALE REDUCTION BAR BROOKINGSBIKE PATH2009 BROOKINGS,SOUTH DAKOTAA.M.E.S.D.R.S.D.R.20720.13.00MARCH 200911EXHIBIT A 32+00TO61+00EASEMENT TABLEPARCELOWNERPERMANENTTEMPORARYS.F.ACRESS.F.ACRES5BDAKTRONICS, INC.15100.77.359699.90.225CDAKTRONICS, INC.12849.30.298846.93.205DDAKTRONICS, INC.8285.86.195726.59.135EDAKTRONICS, INC.18189.38.4212311.15.286AGREAT PAINS LODGING,LLC9055.21.214873.40.117APORTER APPLE LEASING,LLC7550.09.174472.78.108ASHREE NATHJI, INC.5556.60.133788.36.09LEGAL DESCRIPTIONS:PARCEL 5B:Lot four (4), Block Five (5) of Gilkerson Addition to the City ofBrookings, Brookings County, South DakotaPARCEL 5C:Lot Two (2) and the East Four Hundred Feet (E 400') of of LotThree (3) of Block Five (5) in Gilkerson Addition to the City ofBrookings, Brookings County, South DakotaPARCEL 5D:Block Four (4) in Gilkerson Second Addition to the City ofBrookings, Brookings County, South DakotaPARCEL 5E:Lot Three (3) in Block Two (2) of Gilkerson Addition to the Cityof Brookings, Brookings County, South DakotaPARCEL 6A:Lot Nine (9), Except the East Forty Feet (E 40') thereof, inLefevre Addition to the City of Brookings, Brookings County,South Dakota, according to the plat thereof of record, subjectto easements, restrictions and reservations of record if anyPARCEL 7A:The South Two Hundred Twenty-five Feet (S 225') of Lot Eight(8), the North lot line being Two Hundred Twenty-five Feet(225') North of and parallel to the Southern most lot line ofsaid Lot Eight (8) of Lefevre Addition to the City of Brookings,Brookings County, South DakotaPARCEL 8A:Lot Seven (7), Except the East Thirty feet (E 30') of the NorthTwo Hundred Twenty-five Feet (S 225') thereof , and Lot Eight(8), Except the South Two Hundred Twenty-five Feet (S 225')thereof, in Lefevre Addition to the City of Brookings, BrookingsCounty, South Dakota
City Council Packet
May 12, 2009
109
#6- CONSENT AGENDA:
L. Action on Resolution No. 49-09, Authorizing Mayor to Sign Agreement for
Voluntary Right Of Way Donation for Porter Apple Leasing, LLC.
The City of Brookings applied in 2003 for South Dakota Department of Transportation
enhancement funds for a bike trail project, and the City Council approved Resolution 41-07,
approving the Funding Agreement for this project. The bike trail will extend from the
present trail system on the south side of 3M to east of the I-29, running northerly along the
east side of I-29, crossing 6th Street at 32nd Avenue and terminating at the South Dakota
Newspaper Association lot on north 32nd Avenue. This project also includes a bike trail
loop in the South Dakota Arboretum located north of McCrory Gardens, and a trail linking
between 20th Avenue and 22nd Avenue. This project is tentatively scheduled for bid letting
in June 2009 with an anticipated completion date of fall 2009.
The construction of the bike trail will require the use of a perpetual easement from Porter
Apple Leasing, LLC for Parcel 7A, otherwise known as The South 225’ of Lot 8, the North
lot line being 225’ North of and parallel to the southern most lot line of said Lot 8 of
Lefevre Addition to the City of Brookings, County of Brookings, State of South Dakota.
The attached agreement and exhibit show the details of the agreement and location of the
easement.
This resolution will authorize the Mayor to sign the Agreement for Voluntary Right Of Way
Donation with Porter Apple Leasing LLC.
Resolution No. 49–09
Resolution Authorizing Mayor To Sign An Agreement For
Voluntary Right Of Way Donation
WHEREAS, the Brookings City Council desires the 2009 construction of the bike path project
Number POENH(147) PCN 00C2; and
AND WHEREAS, The City of Brookings desires to enter into an Agreement For Voluntary Right Of
Way Donation with Porter Apple Leasing, LLC for Parcel 7A, otherwise known as The South 225’
of Lot 8, the North lot line being 225’ North of and parallel to the southern most lot line of said Lot
8 of Lefevre Addition to the City of Brookings, County of Brookings, State of South Dakota.
NOW, THEREFORE, BE RESOLVED, that the Mayor is hereby authorized to sign all documents
related to the Agreement For Voluntary Right Of Way Donation.
Passed and approved this 12th day of May 2009.
CITY OF BROOKINGS
____________________________
Tim Reed, Mayor
ATTEST:
________________________
Shari Thornes, City Clerk
200'100'050'100'CONSULTANTS:REV.DRAWN BY:JOB NO :DATE :CHECKED BY:DESIGNED BY:DATEDESCRIPTIONSHEET NO. :SHEET TITLE :PROJECT TITLE :PROJECT LOCATION :409 22nd Ave. S. P.O. Box 298Brookings, South Dakota 57006605-692-6342www.bannerassociates.com1"1/2"0SCALE REDUCTION BAR BROOKINGSBIKE PATH2009 BROOKINGS,SOUTH DAKOTAA.M.E.S.D.R.S.D.R.20720.13.00MARCH 200911EXHIBIT A 32+00TO61+00EASEMENT TABLEPARCELOWNERPERMANENTTEMPORARYS.F.ACRESS.F.ACRES5BDAKTRONICS, INC.15100.77.359699.90.225CDAKTRONICS, INC.12849.30.298846.93.205DDAKTRONICS, INC.8285.86.195726.59.135EDAKTRONICS, INC.18189.38.4212311.15.286AGREAT PAINS LODGING,LLC9055.21.214873.40.117APORTER APPLE LEASING,LLC7550.09.174472.78.108ASHREE NATHJI, INC.5556.60.133788.36.09LEGAL DESCRIPTIONS:PARCEL 5B:Lot four (4), Block Five (5) of Gilkerson Addition to the City ofBrookings, Brookings County, South DakotaPARCEL 5C:Lot Two (2) and the East Four Hundred Feet (E 400') of of LotThree (3) of Block Five (5) in Gilkerson Addition to the City ofBrookings, Brookings County, South DakotaPARCEL 5D:Block Four (4) in Gilkerson Second Addition to the City ofBrookings, Brookings County, South DakotaPARCEL 5E:Lot Three (3) in Block Two (2) of Gilkerson Addition to the Cityof Brookings, Brookings County, South DakotaPARCEL 6A:Lot Nine (9), Except the East Forty Feet (E 40') thereof, inLefevre Addition to the City of Brookings, Brookings County,South Dakota, according to the plat thereof of record, subjectto easements, restrictions and reservations of record if anyPARCEL 7A:The South Two Hundred Twenty-five Feet (S 225') of Lot Eight(8), the North lot line being Two Hundred Twenty-five Feet(225') North of and parallel to the Southern most lot line ofsaid Lot Eight (8) of Lefevre Addition to the City of Brookings,Brookings County, South DakotaPARCEL 8A:Lot Seven (7), Except the East Thirty feet (E 30') of the NorthTwo Hundred Twenty-five Feet (S 225') thereof , and Lot Eight(8), Except the South Two Hundred Twenty-five Feet (S 225')thereof, in Lefevre Addition to the City of Brookings, BrookingsCounty, South Dakota
City Council Packet
May 12, 2009
112
Presentations/Reports/Special Requests:
7. Presentation of the Annual Mayor’s Awards for Historic Preservation.
The Mayor’s Awards for Historic Preservation began in 1986 to acknowledge property
owners who save and maintain historical properties within the City of Brookings.
Every May, also known as “Preservation Month,” the Brookings Historic Preservation
Commission in cooperation with the Mayor’s Office, recognizes work which enhances
properties at least 50 years of age. This year the following four awards will be
presented:
Doris Roden
“Individual Service to Historic Preservation”
324 Main Avenue
Sonnies Trends & Traditions
Janice & Tom Fergen
“Interior Commercial Restoration”
409 Main Avenue
Rude’s Home Furnishings
Alfred & Deanna Rude
“Commercial Signage”
1003 Third Street
Jamison & Michelle Pitts
“Overall Residential Rehabilitation”
Doris Roden
Winner of Mayor's Award for
Overall Contribution to Historic
Preservation
through Community Service
Doris Roden has been chosen to receive a Mayor's Award for her Overall Contribution to Historic Preservation
through Community Service.
Roden's work in the Brookings community has been so vast and varied that it is difficult to single out any one
endeavor. Even in retirement, she continues to be active, involved, and committed.
It would have been hard to predict that an SDSU Entomology and Zoology major from Armour, who worked as a
Research Lab Technician at the Northern Plains Insect Research Laboratory for nineteen years, would later become
a journalism major, seek a Master's in genetics, start a successful downtown business, become a skilled grants
writer and energetic community activist.
Last year she retired from her position as the first director of Downtown Brookings Inc. (DBI), Brookings' Main
Street program for downtown revitalization. DBI had its start in 1999 with Roden serving as its organizing
chairman, first board president and then program manager in 2001. She was tireless in this work and a driving
force behind many successful community projects such as the DEDIF revolving loan fund for commercial facade
restoration and signs, over $1.5 million in federal and private funding for the streetscape project, the Harvest
Festival, and expansion of the Farmers Market. Along the way she earned her National Trust Main Street Manager
Certification.
In 2004 she was vice president of Brookins' Quasquecentennial 125th Celebration.
Currently she is on the Board of Preserve Brookings and serves as its secretary and newsletter editor. Preserve
Brookings is a non‐profit group founded in 2005 to help protect and promote the historic and cultural heritage of
the Brookings area. She also is vice president of the Brookings Area Geneological Society and a member of the
Daughters of American Revolution.
Roden served on the Brookings City Council from 2001 to 2005. She is a past president of the Chamber of
Commerce and was active in the Economic Development Corporation.
She is particularly proud of her efforts in helping organize the Volunteer Service Bank in 1996 which now boasts
about 250 volunteers who help in driving and escorting people to medical appointments, tutoring school children,
working with Brookings County Youth Mentors and providing volunteers to several agencies that need help.
She is the founding president of General Federation of Women's Clubs (GFWC) Brookings, is a past state president
of GFWC of South Dakota and has served as the state newsletter editor of the SD CLUBWOMAN for more than
twenty years.
Roden has also shown herself to be a successful businesswoman. In 1985 she founded the local Insty‐Prints which
was purchased in 2000 by her son and daughter‐in‐law, David and Angie Roden, and is now called Allegra Print &
Imaging.
But these days Doris has found another love and that is the Rodens' beautiful bungalow at 727 Main Avenue.
Since their purchase of it in 1999, she and her husband Jim have done major restoration work and have listed it in
the National Register of Historic Places. The home today is as charming as when it was built in 1920. Doris says
the house gave her the "bungalow bug" and someday she would like to do a pictorial history of the many Prairie
Craftsman structures in Brookings.
Watch for her to do it. Doris' laid‐back manner and quiet disposition belie the strength of her ability to get things
done. If she thinks something needs doing, she'll find a way.
In addition to their son David, Doris and her husband of 43 years have a daughter Julie Scubelek and four
grandchildren ‐‐ Liz and Abby Roden, 17 and 14 years old; and Stanley and Dylan Scubelek, 5 and 2 years old.
David, Julie, and their families all live in Brookings.
Mayor’s Award
324 Main Avenue
“Interior Commercial Restoration”
Sonnies Trends & Traditions
May 1st will commemorate the 25th anniversary
of a Brookings retail landmark, Sonnie’s Trends
and Traditions. Owners Janice and Tom Fergen
have spent much time in giving the store a new
facelift, and will be honored with a much‐
deserved Mayor’s Historical Preservation Award
for their efforts.
The building, located at 324 Main Ave, better
known as “Sonnie’s”, christened for the
nickname of both of their fathers, has long been
known for offering beautiful and unique women’s
clothing and accessories. Now these wares are
offered from a newly revealed tin ceiling, fresh
coats of rich golden paint, and art deco inspired
carpeting.
The first thing you see as you walk into Sonnie’s are the wonderful splashes of color, which are
the articles of clothing, and beautifying accessories for a woman or her home. Then you notice
the amazing pressed tin ceiling and walls enhanced by golden‐tan coloring, and finally the
concentric pattern of the tone‐on‐tone wall‐to‐wall carpeting.
Prior to the renovation, the store had a dropped ceiling, closing in the space, and the windows
were boarded up. This past August, Tom and Janice began to remove the low, space‐
constraining ceiling and free the beautiful tin work above it. Meticulous and tedious work went
into unscrewing all the wires holding up the drop ceiling, and sealing all the holes with caulk.
Many of the walls needed patching and the old framework for the ceiling was removed.
The couple decided to open three windows, allowing much more natural light into the setting,
and installed double‐paned, environmentally‐friendly glass in the panes. The windows were
encased with tasteful black shutters to offer contrast and interest.
Janice wanted to add some formality to the setting, and found a number of chandeliers at the
local Habitat for Humanity Restore. She “de‐brassed” the multi‐tiered fixtures by spray‐painting
them with a dark metal finish drawing the eye from ceiling to floor, offering a well thought‐out
historically‐friendly renovation.
Mayor’s Award - 409 Main Avenue – “Commercial Sigange”
Rude’s Home Furnishings
Alfred & Deanna Rude
The profile of Brookings’ downtown has been undergoing many changes over the past 12
months, with the streetscape project, as well as changes among the businesses residing in the
heart of our city. One of the more noticeable changes isn’t with a new resident, but with one of
our anchor retailers of the downtown area, Rude’s Home Furnishings.
Gone are the plastic letters that had adorned it’s façade for many years, in favor of a return to
the style of an earlier time – a time of young men going to and returning from war. A time of
pillbox hats and Bakelite jewelry – some of which might have been purchased at the Rude’s
location, when in the 1940’s it served as the local Woolworth’s discount store chain.
In fact, that vintage style was exactly what Al and Deanna Rude had in mind for Rude’s – to
return the storefront to a style similar to how the Woolworth’s sign would have appeared in the
1940’s. And for this reason, Rude’s Home Furnishings has been awarded a 2009 Mayor’s Award
for Historic Preservation.
The sign, as designed and installed by Bonde Signs of Brookings was deemed worthy of the
award by meeting several criteria. By taking into account the appropriates of the sign’s style,
the accuracy of the construction to the date of the building, the excellent quality of
workmanship, and the sensitivity of the new addition to its surroundings, the Brookings Historic
Preservation Commission unanimously nominated it for the mayor’s consideration.
As any resident of Brookings knows, Al and Deanna Rude’s commitment to historic preservation
isn’t just about signage – their historic downtown loft and their store heritage displays are a
well known and pleasant return to yesterday, illustrative of the Rude’s commitment to
preserving our history.
And don’t stop keeping an eye on the Rude’s storefront. The 1960’s era lighted sign on the front
of the building is said to have its own facelift planned for the coming months, to ensure a
harmony and style consistent with the existing vintage sign update.
Mayor’s Award
1003 Third Street
Jamison & Michelle Pitts
“Overall Residential Rehabilitation”
This house, on the northeast corner of 3rd and Medary, was once a proud, elegant structure reflecting
the architectural strength of Brookings' central residential neighborhoods. Then, over time, it began to
show the wear and deterioration of neglect. When the catastrophic fire occurred last year it seemed
that there was no hope for preserving this fine home; however, phoenix‐like, under the sensitive care of
the owners it was resurrected to reflect its original glory ‐ a complete structural restoration reflecting
the hope and optimism of the period of its genesis.
This architectural anchor tying the eastern Medary neighborhood to the western downtown residences
sends a message that restoration is possible, and sometimes preferable to new construction in historic
neighborhoods. The Pitts' courage and foresight will impact many generations of Brookings residents.
Jamison and Michelle Pitts completed an overall rehabilitation** of their historic home at 1003 Third
Street. Improvements included new siding, maintaining the original look. Interior renovation included
refinishing wood floors on the main level and restoring the original woodwork throughout the home.
**According to the Secretary of the Interior Standards for Rehabilitation, “Rehabilitation” acknowledges the need
to alter or add to a historic property to meet continuing or changing uses while retaining the property's historic
character.
City Council Packet
May 12, 2009
119
8. 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.
9. SDSU STUDENT SENATE REPORT.
City Council Packet
May 12, 2009
120
Public Hearings/Second Readings:
10. 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.
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.
Action: Open & Close Public Hearing, Motion to Approve, Roll Call
City Manager Recommendation - Approve
City Council Packet
May 12, 2009
121
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
May 12, 2009
123
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
May 12, 2009
124
Public Hearings & Second Readings:
11. 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.
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.
Action: Motion to Approve, Request Public Comment, Roll Call
City Manager Recommendation - Approve
City Council Packet
May 12, 2009
125
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
May 12, 2009
126
12. Adjourn.