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Home My WebLink About2009_08_11 CC PKTCity Council Packet August 11, 2009 Brookings City Council Tuesday, August 11, 2009 City Hall Council Chambers 311 Third Avenue 4:00 p.m. – BUDGET Work Session (NOTE EARLY TIME) 6:00 p.m. -- Council Meeting Mission Statement The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse economic base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal management. 4:00 pm WORK SESSION ** Work sessions are open to the public. During the work session the city staff would brief the council on items for that particular meeting, introduce future topics, and provide a time for Council members to introduce topics. 1. Presentation of "Building on our Successes and Strengths" by Mayor Tim Reed. 2. Proposed 2010 City Budget. 3. 6:00 p.m. Meeting Review. 4. Council Invites & Obligations. 5. City Council Member Ex-Officio Reports. 6. City Council member introduction of topics for future discussion. * *Any Council member may request discussion of any issue at a future meeting only. Items can not be added for action at this meeting. A motion and second is required starting the issue, requested outcome, and time. A majority vote is required. 6:00 P.M. REGULAR MEETING 1. Call to order by Mayor Reed. 2. Pledge of Allegiance. 3. City Clerk records council attendance. 4. Action to approve the following Consent Agenda Items * A. Action to approve the agenda. B. Action to approve minutes. C. Documentation of Police Car purchase pursuant to SDCL 5-18-9.1. D. Action on an appointment to the Visitor Promotion Committee. E. Amendment to First Reading Policy pertaining to agenda packet documentation. F. Action to cancel the November 10th Council meeting. G. Action on Resolution No. 76-09, awarding bids on Brookings Roof Replacement Project. H. Action on Resolution No. 77-09, Authorizing Change Order (CCO#1) for Landfill Electronics Storage Building. I. Action to approve an abatement request from Associates Housing Finance for 2008 taxes in the amount of $634.80 for mobile home at Western Estates #801 (Assessor Recommends Approval). J. Action on Resolution No. 80-09, Authorizing Golf Cart Lease Agreement. Motion to approve, request public comment, roll call * Matters appearing on the Consent Agenda are expected to be non-controversial and will be acted upon by the Council at one time, without discussion, unless a member of the Council or City Manager requests an opportunity to address any given item. Items removed from the Consent Agenda will be discussed at the beginning of the formal items. Approval by the Council of the Consent Agenda items means that the recommendation of the City Manager is approved along with the terms and conditions described in the agenda supporting documentation. 1 City Council Packet August 11, 2009 Presentations, Special Requests/Invites & Reports: 5. Introduction of Roger Oberg, Brookings Health Systems CEO. 6. Open Forum. 7. SDSU Student Senate Report. Ordinances – 1st Readings ** 8. Ordinance No. 17-09: An Ordinance Amending Article V. of Chapter 26 of the Code of Ordinances of the City of Brookings, South Dakota and pertaining to Taxicabs. Public Hearing – August 25th ** No vote is taken on the first reading of ordinances. The title of the ordinance is read and the date for the public hearing is announced. Second Readings/Public Hearings 9. Action on Resolution No. 79-09, awarding bids on Alley Assessment Project 2009-04STA (Alley between 11th & 12th Avenues and 1st & 2nd Streets). Action: Open & Close Public Hearing, Motion to Approve, Roll Call 10. Ordinance No. 18-09: An ordinance pertaining to an application for a Conditional Use for a Kennel in the Business B-3 District. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 11. Adjourn. Brookings City Council Tim Reed, Mayor Mike Bartley, Deputy Mayor & Council Member Tom Bezdichek, Council Member John Kubal, Council Member Mike McClemans, Council Member Jael Trieb, 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. 2 City Council Packet August 11, 2009 4:00 P.M. WORK SESSION ** Work sessions are open to the public. During the work session the city staff would brief the council on items for that particular meeting, introduce future topics, and provide a time for Council members to introduce topics. 1. Presentation of "Building on our Successes and Strengths" by Mayor Tim Reed. Mayor Reed will give a PowerPoint presentation entitled “Building on our Successes and Strengths.” Estimated Time: 15 minutes 3 City Council Packet August 11, 2009 4:00 P.M. WORK SESSION ** Work sessions are open to the public. During the work session the city staff would brief the council on items for that particular meeting, introduce future topics, and provide a time for Council members to introduce topics. 2. Proposed 2010 City Budget. August 4, 2009 TO: Mayor and City Council Members FROM: City Manager Jeff Weldon RE: Budget Work Session We are scheduled discuss the proposed 2010 budget at the work session from 4-6 p.m. It is my intent to proceed with the discussion based on the following agenda and leave any discussion we do not complete by 6:00 p.m. for the next budget work session on August 25. We can consider this as the “back-up” date. If we complete the discussion we can cancel the work session or if we have only a few items to finish, we have the option of starting the subsequent work session at 5:00 instead of 4:00. As a reminder, our schedule is as follows: August 11 4-6 Budget work session August 25 4-6 Budget work session “back-up” date if needed September 8 First reading, budget ordinance September 22 Second reading, final adoption of budget ordinance Agenda for Budget Work Session: Introductory remarks by City Manager Review of modified five-year Capital Improvement Plan (p. 16) 2010 Capital Improvement Plan (p. 41) Second Penny capital financing (25%) (supplemental handout) Second Penny capital financing (75%) (supplemental handout) Debt service analysis (supplemental handout) Subsidy requests (p. 46) Operational budgets (p. 56) The proposed 2010 City of Brookings Budget is available on front page of the City’s website - www.cityofbrookings.org. Estimated Time: 90 minutes 4 City Council Packet August 11, 2009 4:00 P.M. WORK SESSION ** Work sessions are open to the public. During the work session the city staff would brief the council on items for that particular meeting, introduce future topics, and provide a time for Council members to introduce topics. 3. 6:00 p.m. Meeting Review. 1. Call to order by Mayor Reed. 2. Pledge of Allegiance. 3. City Clerk records council attendance. 4. Action to approve the following Consent Agenda Items * A. Action to approve the agenda. B. Action to approve minutes. C. Documentation of Police Car purchase pursuant to SDCL 5-18-9.1. D. Action on an appointment to the Visitor Promotion Committee. E. Amendment to First Reading Policy pertaining to agenda packet documentation. F. Action to cancel the November 10th Council meeting. G. Action on Resolution No. 76-09, awarding bids on Brookings Roof Replacement Project. H. Action on Resolution No. 77-09, Authorizing Change Order (CCO#1) for Landfill Electronics Storage Building. I. Action to approve an abatement request from Associates Housing Finance for 2008 taxes in the amount of $634.80 for mobile home at Western Estates #801 (Assessor Recommends Approval). J. Action on Resolution No. 80-09, Authorizing Golf Cart Lease Agreement. Motion to approve, request public comment, roll call Presentations, Special Requests/Invites & Reports: 5. Introduction of Roger Oberg, Brookings Health Systems CEO. 6. Open Forum. 7. SDSU Student Senate Report. Ordinances – 1st Readings ** 8. Ordinance No. 17-09: An Ordinance Amending Article V. of Chapter 26 of the Code of Ordinances of the City of Brookings, South Dakota and pertaining to Taxicabs. Public Hearing – August 25th Second Readings/Public Hearings 9. Action on Resolution No. 79-09, awarding bids on Alley Assessment Project 2009-04STA (Alley between 11th & 12th Avenues and 1st & 2nd Streets). Action: Open & Close Public Hearing, Motion to Approve, Roll Call 10. Ordinance No. 18-09: An ordinance pertaining to an application for a Conditional Use for a Kennel in the Business B-3 District. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 11. Adjourn. 5 City Council Packet August 11, 2009 4:00 P.M. WORK SESSION ** Work sessions are open to the public. During the work session the city staff would brief the council on items for that particular meeting, introduce future topics, and provide a time for Council members to introduce topics. 4. Council Invites & Obligations August 15 URC 50th Anniversary Open House 2:00 p.m. URC, 405 1st Avenue August 25th Council Meeting 4:00 p.m. Budget Hearings 6:00 p.m. Regular Meeting Council Chambers Sept. 8th Council Meeting 5 & 6 p.m. Council Chambers Sept. 22nd Council Meeting 5 &6 p.m. Council Chambers Oct 6-9 SDML Annual Conference Watertown Oct. 11th Fall Diversity Potluck 5 p.m. Old Sanctuary Oct. 12th Native American Day City Holiday/Closed Oct. 13th Council Meeting 5 & 6 p.m. Council Chambers Oct. 27th Council Meeting 5 & 6 p.m. Council Chambers Nov. 10th CANCEL COUNCIL MEETING Nov 10-14 National League of Cities Congress of Cities San Antonio Nov. 17th Council Meeting 5 & 6 p.m. Council Chambers Nov. 24th NO COUNCIL MEETING DUE TO HOLIDAY Dec. 8th Council Meeting 5 & 6 p.m. Council Chambers Dec. 15th Council Meeting 5 & 6 p.m. Council Chambers Dec. 22nd NO COUNCIL MEETING DUE TO HOLIDAYS 6 City Council Packet August 11, 2009 4:00 P.M. WORK SESSION ** Work sessions are open to the public. During the work session the city staff would brief the council on items for that particular meeting, introduce future topics, and provide a time for Council members to introduce topics. 5. City Council Member Ex-Officio Reports. Pursuant to Council direction, “City Council Member Ex-Officio Reports” will be a standing agenda item at all Council work sessions commencing at this meeting. The Council Members that serve as Ex-Officio members on the Brookings Health System Board and Utility Board will provide verbal reports regarding recent meetings they have attended. Utility Board: Council Members Bezdichek and Kubal Health Systems Board: Council Members Whaley and Trieb 7 City Council Packet August 11, 2009 4:00 P.M. WORK SESSION ** Work sessions are open to the public. During the work session the city staff would brief the council on items for that particular meeting, introduce future topics, and provide a time for Council members to introduce topics. 6. City Council member introduction of topics for future discussion*. *Any Council member may request discussion of any issue at a future meeting only. Items can not be added for action at this meeting. A motion and second is required starting the issue, requested outcome, and time. A majority vote is required. 8 City Council Packet August 11, 2009 Brookings City Council Tuesday, August 11, 2009 City Hall Council Chambers 311 Third Avenue 6:00 p.m. -- Council Meeting Mission Statement The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse economic base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal management. 6:00 P.M. REGULAR MEETING 1. Call to order by Mayor Reed. 2. Pledge of Allegiance. 3. City Clerk records council attendance. 4. Action to approve the following Consent Agenda Items * A. Action to approve the agenda. B. Action to approve minutes. C. Documentation of Police Car purchase pursuant to SDCL 5-18-9.1. D. Action on an appointment to the Visitor Promotion Committee. E. Amendment to First Reading Policy pertaining to agenda packet documentation. F. Action to cancel the November 10th Council meeting. G. Action on Resolution No. 76-09, awarding bids on Brookings Roof Replacement Project. H. Action on Resolution No. 77-09, Authorizing Change Order (CCO#1) for Landfill Electronics Storage Building. I. Action to approve an abatement request from Associates Housing Finance for 2008 taxes in the amount of $634.80 for mobile home at Western Estates #801 (Assessor Recommends Approval). J. Action on Resolution No. 80-09, Authorizing Golf Cart Lease Agreement. Motion to approve, request public comment, roll call Presentations, Special Requests/Invites & Reports: 5. Introduction of Roger Oberg, Brookings Health Systems CEO. 6. Open Forum. 7. SDSU Student Senate Report. Ordinances – 1st Readings ** 8. Ordinance No. 17-09: An Ordinance Amending Article V. of Chapter 26 of the Code of Ordinances of the City of Brookings, South Dakota and pertaining to Taxicabs. Public Hearing – August 25th Second Readings/Public Hearings 9. Action on Resolution No. 79-09, awarding bids on Alley Assessment Project 2009-04STA (Alley between 11th & 12th Avenues and 1st & 2nd Streets). Action: Open & Close Public Hearing, Motion to Approve, Roll Call 10. Ordinance No. 18-09: An ordinance pertaining to an application for a Conditional Use for a Kennel in the Business B-3 District. Action: Open & Close Public Hearing, Motion to Approve, Roll Call 11. Adjourn. 9 City Council Packet August 11, 2009 CONSENT AGENDA #4 4. Action to approve the following Consent Agenda Items * A. Action to approve the agenda. B. Action to approve minutes. C. Documentation of Police Car purchase pursuant to SDCL 5-18-9.1. D. Action on an appointment to the Visitor Promotion Committee. E. Amendment to First Reading Policy pertaining to agenda packet documentation. F. Action to cancel the November 10th Council meeting. G. Action on Resolution No. 76-09, awarding bids on Brookings Roof Replacement Project. H. Action on Resolution No. 77-09, Authorizing Change Order (CCO#1) for Landfill Electronics Storage Building. I. Action to approve an abatement request from Associates Housing Finance for 2008 taxes in the amount of $634.80 for mobile home at Western Estates #801 (Assessor Recommends Approval). J. Action on Resolution No. 80-09, Authorizing Golf Cart Lease Agreement. * 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 10 City Council Packet August 11, 2009 #4 - CONSENT AGENDA: B. Action to approve the July 23 and July 28, 2009 City Council Minutes. The draft minutes from the July 23rd Joint Hospital/Council Meeting and the July 28th City Council Meeting are enclosed for review and action. 11 City Council Packet August 11, 2009 Brookings City Council July 23, 2009 (unapproved) The Brookings City Council convened in a joint session with the Brookings Hospital Board at 5:00 p.m. on Thursday, July 23, 2009, at the Brookings Hospital with the following members present: Mayor Tim Reed, Council Members Julie Whaley, Mike Bartley, Jael Trieb (arrived at 5:19 p.m.) and Mike McClemans. City Manager Jeffrey Weldon, City Attorney Steve Britzman and City Clerk Shari Thornes were also present. Council Member Tom Bezdichek was absent. Mayor Tim Reed and Keith Corbett, Hospital Board Chair, provided updates on their recent discussions with other health care facilities, the desire to broadcast future joint meetings on the city’s channel and website, and the appointment of Council Members Whaley and Trieb as ex-officios on the Hospital Board. Kevin Coffey, Acting CEO for Brookings Health Systems, provided financial statements and current statistics on health care services provided by the Brookings Health Systems to include acute patient days, ambulance runs, births, emergency room visits, home health visits and MRI/CAT procedures. Coffey also provided an overview of the following future health care needs and issues which included the Obix Perinatal Data System, Hugs and Kisses Infant Security System, Women’s Expo Event, physician recruitment, the X-Stop surgery program, partnerships with the Boys and Girls Club and the Yorkshire Eye Clinic, Bedside Medical Verification Program, the Picture Archival System, Physician Order Management, and the hiring of new CEO, Roger Oberg, who will start August 1st. Steve Larson, NEXT Inc., and David Willer, HGA, provided design updates on Phases I, II and III of the Brookings Health Systems expansion plans including updated floor plans of the expanded emergency room and laboratory space (Phase I). Initial review of plans and the presentation of the Master Plan are tentatively planned for August 10th. Final construction/bidding documents on Phase I will be completed in eight weeks (mid September). They’re planning to bid the project yet this Fall 2009. It was noted that the ambulance garage is not included in this plan. There was additional discussion about ambulance service options. Council members asked if the two groups could get together when the total project cost is finalized but before it goes to bid. Council members noted that there have been large changes to the plans since the April presentation and it would be important for the Council to understand the full ramifications and costs of the project. Additional community input was also suggested. No action was taken. Meeting adjourned at 6:18 p.m. CITY OF BROOKINGS Mayor Tim Reed ATTEST: Shari Thornes, City Clerk 12 City Council Packet August 11, 2009 Brookings City Council July 28, 2009 (unapproved) The Brookings City Council held a meeting on Tuesday, July 28, 2009 at 5:00 p.m., at City Hall with the following members present: Mayor Tim Reed, Council Members Julie Whaley, John Kubal, Mike McClemans, Mike Bartley, Jael Trieb, and Tom Bezdichek. City Manager Jeff Weldon, City Attorney Steve Britzman, and City Clerk Shari Thornes were also present. SDSU Performing Arts Center Request. Dr. David Chicoine, President, South Dakota State University, made a presentation on the SDSU Performing Arts Center Phase II project and made the following remarks. SDSU is requesting a one-time $11.8 million from second-penny sales tax. This is the estimated construction cost of an 850-seat proscenium theater to be attached to the existing Performing Arts Center located on the SDSU Campus. Background: The Performing Arts Center (PAC) was occupied in 2003. It houses a 1,000-seat Larson Memorial Concert Hall, a 180-seat Fishback Studio Theatre, a Multi-purpose Roberts Reception Hall, a rehearsal room/dance studio, and operational offices. It was constructed for a cost of $10.2 million ($15.5 million in 2009 dollars) with $6 million in funding from the City of Brookings, $400,000 in student fees, and the remainder from private sources and Federal Grants. The PAC has an annual operating budget of $129,000; 68.6% from student fees, 31.4% from user fees, and the University pays for the utilities. The current theater facility, Donor Auditorium, is located in the Administration Building and was built in 1912. Seating capacity was 832; it was reduced to 507 (a 39% decrease) in May 2008 with restricted use of the balcony. There is also limited accessibility for patrons with physical disabilities. Phase II Details. The $11.8 million is an estimated cost for construction of the theatre, with most of the space public space. It would enable realization of the original vision with a recital hall, reception space, a proscenium theater, and a studio theater. Having this facility would define Brookings as a comprehensive performing arts venue. Second-Penny Sales Tax Funds Request. The $11.8 million request is 39% of the overall project ($30.1 million). Sixty-five percent of the project space is dedicated to theater ($18.3 million); $6.3 million for support space and entries, $2 million for offices and instructional space, $10 million for Music Dept. Offices, rehearsal rooms, practice rooms and recital spaces, with the University responsible for cost of operations and utilities. President Chicoine mentioned 4 comparative facilities: 1) College of the Canyons in Santa Clarita, CA. It was occupied in 2004. Construction cost $18.3 million ($26.2 million in 2009 dollars) and houses a 886-seat proscenium theater and a black-box theater. 2) University of Delaware. Facility was occupied in the fall of 2006. Construction cost $48 million ($60.6 million in 2009 dollars) and houses a 464-seat proscenium theater, a 250-seat recital hall, marching band rehearsal space, and a black-box theatre. 3) Western Connecticut State University. Facility will be complete in fall of 2011. Construction cost $97 million. It will house a 500-seat proscenium theater, a 800-seat concert hall, a 13 City Council Packet August 11, 2009 200-seat recital hall, and a 200-seat studio theater. 4) Brandon Valley High School, Brandon, SD. The facility was occupied in 1999. Construction cost $4.7 million ($7.9 million in 2009 dollars) and includes a student commons area and an 800-seat proscenium theater. Economic Impact. There were 31,121 theater patrons in 2007-2008. This is a potential economic impact of $1,493,808 in 2009 dollars and would provide a return on investment in 7.9 years strictly from theater events. This does not include the 13,590 attendees at music events in 2007-2008. In looking at the future, the PAC with a proscenium theater could attract 60,000+ annual visitors for state productions and concerts and the return on investment could be realized earlier with increased attendance. Prairie Repertory Theatre attendees. Average attendance per season over the past 5 years was 7,829, with 55% of attendees (4,360) from outside of Brookings. Out-of-town attendees account for $172,240 (day visitors) to $447,824 (overnight visitors) in economic impact. Audience space is currently limited by Doner Auditorium restrictions. Possible high school events which could be held in PAC II: a One-Act Play Festival (900 students), All State Band (172 students), All State Jazz Band (65 students), All State Chorus and Orchestra (1,100 students), and the State Oral Interpretation Contest (100 students). This would amount to more than 2,300 high school students bringing parents and family for performances. Community interest. Approximately 2,200 students and 800 community members signed petitions in support for the 850-seat theater. This is a proposed public-private partnership. The City’s commitment would provide tremendous impetus along with the already $2 million private leadership gift and discussions with major donors for approximately $12 million. Analogous projects could range from $26.2 million to $97 million. Council Discussion: Bezdichek asked the square footage cost on the $30.1 million dollar project. President Chicoine said the theater space is more expensive at $420/sq. ft., $200/sq. foot for entry space, and $240/sq. ft. for music areas. Bezdichek asked of the 60,000 people estimated to attend the facility annually, was the University using the Convention Visitor’s Bureau economic impact multiplier of $40/person day visit and $104/person for overnight? Yes. Reed asked if the high school events were included in the patron numbers. President Chicoine said no, having the PAC in its entirety would open up a new set of opportunities to host large state or regional high school performances of both theater and music. Reed noted that this funding request will be discussed along with others during the August 11th budget work session at 4:00 p.m. Ordinance First Reading Policy Discussion. On July 14, 2009, Council Member Bartley made a motion requesting the City Council review its policy on required packet support for first reading of planning commission items. He is recommending less information be required in the “first reading” agenda packet to speed up the process for applicants. 14 City Council Packet August 11, 2009 Weldon said this would be an adjustment on how to handle packet pieces primarily coming from the Planning Commission. The policy, adopted a number of years ago, requires all packet pieces be included for first and second readings. There is a timing problem as the Planning Commission meets the first Tuesday of each month and the Council agenda packet deadline is that same day at 5:00 p.m. The requirement to include the Planning Commission minutes for first reading has resulted in delaying applicants by two weeks until the second Council meeting of the month. Weldon doesn’t feel this is very efficient in helping applicants to expedite an application and pending construction project. The question before the Council with this issue is would it be okay if they had all support documents except the Planning Commission Meeting Minutes for ordinance first reading of planning commission items? Weldon stated in very few cases would there be anything other than the minutes absent from the packet, and is trying to weigh the issue of all pieces in packet balanced against customer service to an applicant. He feels it is unnecessary for an applicant to have to wait two weeks. He further noted that the Council changed their first reading policy so no action is taken at that time. Bartley agreed saying this is a customer service issue for the City of Brookings. Because of this Council policy, applicants are forced to wait until all data is available and it hinders the process. Reed noted that the unapproved Planning Commission minutes would probably be available to Council members the following week, if that makes a difference. ACTION: A motion was made by Bartley, seconded by Kubal, to accept staff’s proposed changes and bring back an amendment to the first reading policy for action on a consent agenda. All present voted yes; motion carried. Ex-Officio Reporting Policy Discussion. Pursuant to the City Council’s motion from July 14th, Weldon recommended time will be set aside at the second monthly City Council Work Session for the Brookings Utility Board and Brookings Health System Board of Trustees Ex-officio members to provide verbal reports, commencing at the August 25th work session. Bartley suggested this be a standing item during every work session, so the reports would be more timely. There was full consensus to provide “ex-officio reports” during the work session at every meeting commencing August 11th. 6:00 p.m. Meeting Review. Shari Thornes, Brookings City Clerk, noted changes to the 6:00 p.m. agenda. City Clerk Report. Shari Thornes, Brookings City Clerk, provided a briefing on upcoming invitations and obligations. Weldon highlighted the budget meeting topics for August 11th; capital project review, operating budgets, debt service, subsidy requests, and departmental budgets. The proposed 2010 budget document will be delivered to the Council by August 1st pursuant to the City Charter. Mayor Reed commented that the budgeting meeting is a work session. Council members will have an opportunity to ask questions, but no public testimony will be received. Public discussion on the proposed budget ordinance will occur on September 22nd. 15 City Council Packet August 11, 2009 Weldon asked the City Council if they’d like more time scheduled for public interaction or another format. Bartley said he’s liked the process and the way the budget meetings have been conducted and has never had any requests from the public for more hearings. There was consensus to keep the process the same as in the past. The Council recessed at 5:40 p.m. until the 6:00 p.m. regular meeting. 6:00 P.M. REGULAR MEETING. Mayor Reed reconvened and called the meeting to order at 6:00 p.m. Consent Agenda. A motion was made by Bartley, seconded by Whaley, to approve the consent agenda: A. Action to approve the agenda. B. Action to approve the July 14, 2009 City Council Meeting Minutes. C. Action on Resolution No. 70-09, a Resolution Adopting the City of Brookings Identity Theft Policy Pursuant to the Requirements of the Fair and Accurate Credit Transactions Act of 2003. Resolution No. 70-09 Resolution Adopting the City of Brookings Identity Theft Policy pursuant to the Requirements of the Fair and Accurate Credit Transactions Act of 2003. Be It Resolved by the City Council of the City of Brookings, South Dakota as follows: Whereas, the Fair and Accurate Credit Transactions Act of 2003 (“FACTA”) and regulations and guidelines promulgated by the Federal Trade Commission require creditors and financial institutions to develop and implement written “identity theft prevention programs”; and Whereas, the Identity Theft Prevention Programs must provide for the identification, detection and response to patterns, practices, or specific activities—known as “red flags” which could indicate identity theft; and Whereas, under FACTA, the definition of “creditor” includes circumstances where a payment is made after delivery of a product or service, and therefore, in some circumstances, the city is or may be deemed to be a creditor under FACTA and therefore is required to comply with the Identity Theft Red Flags Rule, and Whereas, the City of Brookings has developed an Identity Theft Policy in compliance with the foregoing requirements, Now Therefore, It is hereby resolved by the City Council of the City of Brookings, South Dakota, as follows: A. That the City of Brookings Identity Theft Policy which accompanies this Resolution is hereby adopted; and 16 City Council Packet August 11, 2009 B. That the City Finance Manager is hereby designated as the Program Administrator of the City of Brookings Identity Theft Policy, with authority to further develop and implement this policy; and that C. This Resolution is necessary for the immediate preservation of the public peace, health, or safety, or support of the municipal government and shall take effect upon the passage and publication thereof. D. Action on Resolution No. 71-09, awarding bids for Innovation Campus Phase II Street Project – 2009-05STI. Resolution No. 71–09 Resolution Awarding Bids on Project 2009-05STI SDSU Innovation Campus Infrastructure Phase II Whereas, the City of Brookings opened bids for Project 2009-05STI SDSU Innovation Campus Infrastructure Phase II on Tuesday, July 21, 2009 at 1:30 pm at Brookings City Hall; and Whereas, the City of Brookings has received the following bids for Project 2009-03STI SDSU Innovation Campus Infrastructure Phase II: Bowes Construction Co., Inc., Brookings, SD, $2,124,913.92 (Alternate 1: $58,760.00); Metro Construction, Inc., Sioux Falls, SD, $2,394,679.89 (Alternate 1: $56,500.00); H&W Contracting LLC, Sioux Falls, SD, $2,400,414.50 (Alternate 1: $60,500.00); Prunty Construction Co., Inc., Brookings, SD, $2,408,141.15 (Alternate 1: $61,104.75); Winter Brothers Underground, Inc., Sioux Falls, SD, $2,445,000.00 (Alternate 1: $60,000.00); and Oliver Excavating, Inc., Tea, SD, $2,574,397.90(Alternate 1: $62,150.00). Now Therefore, Be It Resolved that the low bid of $2,124,913.92 and Alternate 1 for $58,760.00 for Bowes Construction, Inc., Brookings, SD be accepted. E. Action on Resolution No. 72-09, awarding bids for Willow Springs Street Project – 2009- 03STI. Resolution No. 72–09 Resolution Awarding Bids on Project 2009-03STI Willow Springs Circle Street Improvement Project Whereas, the City of Brookings opened bids for Project 2009-03STI Willow Springs Circle Street Improvement Project on Tuesday, July 21, 2009 at 1:30 pm at Brookings City Hall; and Whereas, the City of Brookings has received the following bids for Project 2009-03STI Willow Springs Circle Street Improvement Project: Bowes Construction Co., Inc., Brookings, SD, $196,722.05; Oliver Excavating, Inc., Tea, SD, $243,259.00; and Prunty Construction Co., Inc, Brookings, SD, $267,789.08. Now Therefore, Be It Resolved that the low bid of $196,722.05 for Bowes Construction, Inc., Brookings, SD be accepted. F. Action on Resolution No. 73-09, a Resolution Concurring in the placement of Stop Signs at the Intersection of 7th Street and 13th Avenue. Resolution No. 73-09 Concurring in the Placement of Stop Signs at the intersection of 7th Street and 13th Avenue 17 City Council Packet August 11, 2009 Whereas, Section 82-373 of the Revised Ordinance of the City of Brookings, provides for approval by the City Council for placement of stop signs in locations other than along through streets. Now, Therefore, Be It Resolved that the City Council concurs in the recommendation of the Traffic Safety Committee and the City Manager and approves the placement of stop signs on 7th Street at its intersection with 13th Avenue. G. Action on Resolution No. 74-09, a Resolution Amending Award of Bids for Airport Fuel System Concrete Work. Resolution No. 74–09 Resolution Awarding Bids for Airport Fuel System Concrete Work Whereas, the City of Brookings opened bids for the Airport Fuel System Concrete Work on Tuesday, June 16, 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 Concrete Work: Rexcon Materials, Inc., Volga, SD, $9,296.00; Mills Construction, Brookings, SD, $14,990.00; Owens Enterprises, Inc., Brookings, SD, $17,134.00; Brooks Construction, Sioux Falls, SD, $30,000.00; Carl V. Carlson Company, Tea, SD, $30,290.00; Peterson Concrete, Mitchell, SD, $32,500.00; Dakota Contracting Corporation, Sioux Falls, SD, $33,980.00; and Clark Drew Construction, Inc., Brookings, SD, $36,500.00. Whereas, the City of Brookings has revised the location of the project and curb heights of the concrete work; and Whereas, the low bidder, Rexcon Materials, Inc., Volga, SD, has rescinded its bid due to the foregoing change orders; and, based upon the above-mentioned circumstances, it is necessary to adopt this Resolution in lieu of Resolution No. 58-09 dated June 23, 2009. Now Therefore, Be It Resolved that the next lowest bid of Mills Construction, Brookings, SD for the Airport Fuel System Concrete Work in the sum of $14,990 is accepted and Resolution 58-09 is hereby repealed. H. Action on Resolution No. 75-09, a Resolution Authorizing the Mayor to Sign an Agreement for Federal Aviation Administration Grant. Resolution No. 75-09 Resolution Authorizing Mayor to Sign an Agreement for Federal Aviation Administration Grant AIP Project No. 3-46-0005-21-2009 Whereas, the Brookings City Council desires funding for Snow Removal Equipment and services to Conduct Environmental Study (Phase III) for Airport Improvement Project No. 3- 46-0005-21/2009; and Whereas, The City of Brookings is obligated to and hereby agrees to be reimbursed by the Federal Aviation Administration for 95% and SD State Aeronautics Department for 2% of the 18 City Council Packet August 11, 2009 allowable costs incurred in accomplishing Airport Improvement Project No. 3-46-0005- 21/2009; and Whereas, that Federal Aviation Administration is hereby requested to authorize Airport Improvement Project No. 3-46-0005-21-2009 in accordance with the approved grant agreement. Now, Therefore, Be It Resolved, that the Mayor is hereby authorized to sign all documents related to an agreement for the Federal Aviation Administration Grant AIP Project No. 3-46- 0005-21-2009. I. Action on a real estate tax abatement for the City of Brookings in the amount of $1,123.35 for 2008 tax year for farmland property located at N ½, SE ¼ Exc H-1 and Exc portion of E720’ of S1450’ and Exc H-4 and Exc Lot 1 Shop Site and Exc E985’ of N ½ SE ¼. On the motion, all present voted yes; motion carried. Presentation of ABLE (Ability, Belief, Leadership and Equality to Achieve Access for All) Awards for Accessibility by Brookings Committee for People who have Disabilities. This year’s award winner was the Brookings Wesleyan Church for its programs are models of accessibility and inclusion. 1st Reading – Ordinance No. 18-09. A first reading was held on Ordinance No. 18-09, an Ordinance pertaining to an application for a Conditional use for a Kennel in the Business B-3 District. Public Hearing: August 11, 2009. Public Hearing – Agreement to Exchange Real Property. A public hearing was held on an agreement between the City of Brookings and Mills Development Corporation for the exchange of real property of the following described property: Tract I: Block Eight (8) of Hyland Addition to the City of Brookings, County of Brookings, State of South Dakota, in exchange for the above- described property, the City to convey to Mills and Mills to acquire from City the following described real property: Tract II: A parcel of real property measured 40’ by 743 feet and located in the Prairie Hills Subdivision to the City of Brookings, County of Brookings, State of South Dakota, as shown on the attached Exhibit “A”; and Tract III: A parcel of real property consisting of Twenty- five (25) acres, more or less, and located in the Prairie Hills Subdivision to the City of Brookings, County of Brookings, State of South Dakota. Weldon said pursuant to the Council’s direction of adopting a project priority listing for the City’s Storm Drainage Master Plan implementation, the first project involves the acquisition of Block 8 Hyland Addition. This parcel is owned by John Mills. Weldon has been negotiating with Mills for the purchase of this parcel. The property is priced at $406,673; Mr. Mills has offered to reduce the price of the parcel by $100,000 if we deed to Prairie Hills, LLC a 25 acre parcel of unplatted property just southwest of Medary Avenue and 20th Street South, which is currently owned by the City. This acreage is east and directly adjacent to the pending residential subdivision plan of Prairie Hills, legally owned by Prairie Hills, LLC. SDCL 9-27-34.1 authorizes the transfer of property between a municipality and a private party. 19 City Council Packet August 11, 2009 Mills Development intends to utilize this 25 acre area to assist with development objectives that support and complement the future Prairie Hills subdivision with items such as: storm drainage ponds, utilizing the fill to help improve lots, and create open space amenities that enhance the area. A small sliver of this parcel, in the extreme northeast corner adjacent to the existing bike trail, would be added to an existing adjacent 12-acre business parcel. When completed, this area would be enhanced open space from its current state. Plans are in the early development stage but are not yet complete. This area was received by the City through a partial purchase and partial donation from Prairie Hills, LLC initially and was intended to be open space and future parkland a few years ago. However, it does not appear in the City’s comprehensive plan as being identified as future parkland. The land is low, prone to flooding, and serves as part of our overall storm water management system. The exchange would not include the land currently as part of the paved trail system, which would remain unchanged and retained by the City. In fact, it would probably be enhanced as part of the end-use open space development. Staff has had concerns about the final reclamation condition of this property, especially the existing rail-bed as a primitive trail and preserving some of the cottonwood trees along Medary Avenue. Mills Development has agreed to retain the rail-bed trail and integrate it into a comprehensive trail system. Many of the trees can remain but some will have to be removed, as the remaining life of some of the cottonwood trees is questionable. Mills Development and the City will work cooperatively on a final plan for this area. In order to facilitate a property exchange (so the City can get a reduced price for Block 8 Hyland Addition for a needed storm drainage pond), the City was required to appoint three people to “appraise” or value the two parcels. This is done in lieu of a formal appraisal and at no cost to the City. The appraisal information is then used as a tool but is not binding upon the Council. Using the exchange procedure, the City also would not need to transfer the property through BEDC which is typically done. The City Council approved the appointment of three persons to provide such an assessment of the two parcels at the June 23rd Council meeting. The results are as follows and their opinions were as follows: Realtor: Block 8 Hyland Addn. (Mills) SW Medary/20th (City) Sara Woodard $521,730-$579,700 $250,000-$300,000 Ron Borchardt $376,805-$463,760 $75,000-$125,000 Ryan Krogmann $405,000-$450,000 $100,000-$125,000 All three realtors provided this service to the City without charge, for which the City is greatly appreciative. Also attached is the REAL ESTATE EXCHANGE AGREEMENT which was prepared by City Attorney Steve Britzman. Once executed, would facilitate the property transfer. The end result of the transaction would be as follows: Prairie Hills LLC takes possession of the City property and can utilize it to complement development of the Prairie Hills residential subdivision, however, no homes would be built on this property. Prairie Hills LLC will work with the City on an end-use redevelopment plan with it being returned to the City as re-developed and enhanced open space. A small sliver of land (40’ by 743’) adjacent to an existing B zone parcel would be retained by Prairie Hills LLC. The City takes possession of Block 8 Hyland Addition for payment of $306,673.64 from the Storm Water Fund as the number one priority in our Storm Water Master Plan and begin engineering for 20 City Council Packet August 11, 2009 the construction of the site for a pond. Because of the land exchange, this purchase price has been reduced by $100,000. This land transaction paves the way for development of the Prairie Hills residential subdivision on the southeast corner of Main Avenue and 20th Street South. Some complementary neighborhood commercial development is also planned for this area. This transaction provides for the installation of a trunk sewer system along Main Avenue to service Prairie Hills as well as future development on the west side of Main Avenue South. This is an implementation strategy to Goal #5 from last year’s Strategic Plan to extend utilities into our southern growth corridor. This will spur development on the west side of Main Avenue South. The School District has purchased 20 acres for a new elementary school and Oakwood Equity has purchased property on the southwest corner of Main Avenue South and 20th Street South for a residential and neighborhood commercial subdivision. This project has had a preliminary review by the Planning Commission and all such projects would utilize the trunk sewer line. The other option, of course, is not to undertake the transaction. The result of this option would be the city open space would likely not be improved to a “better” open space; the storm drainage project would be $100,000 more expensive; and private development on South Main would likely be stalled. John Mills said he was contacted by city staff three or four years ago letting him know that the City might need Block 8 of the Hyland Addition due to drainage issues. In response to that request, he put plans for that area on hold until the City figured out if it needed the land. Public Hearing: Keith Rounds spoke in favor of the request. Hearing Closed. ACTION: A motion was made by Whaley, seconded by McClemans, to approve. Council Discussion: McClemans asked if the “crosshatch” area depicted on the map was for fill and excavation. Yes, that area is low and flood prone and needs to be elevated and it will be developed for a retention structure. Whaley asked how long the process would take. One year. Weldon said he’d rather see property tax paying entities on the development, but the City doesn’t have much choice with the flow and drainage. The City has an opportunity here to manage and control drainage. This is an urbanized area and it is going to be a challenge to make an aesthetic amenity out of a slew. He noted that the property will be deeded back and on the tax roles. It will also help get the Prairie Hills project moving forward as well as other development opportunities. John Mills said he is happy to still have an ownership interest in Block 8 and is also happy to hear that the City wants to develop the retention project in an aesthetic way, suggesting a bike trail, benches and trees. On the motion, all present voted yes; motion carried. Real Estate Exchange Agreement 21 City Council Packet August 11, 2009 THIS REAL ESTATE EXCHANGE AGREEMENT is made and executed by and between the City of Brookings, South Dakota, a South Dakota Municipal Corporation, (hereinafter referred to as “City”), and Prairie Hills LLC, (hereinafter referred to as the “Prairie Hills”); WITNESSETH: WHEREAS, each of the parties desires to acquire certain real property from the other party, pursuant to the terms of this Real Estate Exchange Agreement. NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND AGREEMENTS CONTAINED HEREIN, IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. Exchange of Real Property. Prairie Hills hereby agrees to convey to City and City hereby agrees to acquire from Prairie Hills, the following described real property: Tract I. Block Eight (8) of Hyland Addition to the City of Brookings, County of Brookings, State of South Dakota. In exchange for the above-described property, the City hereby agrees to convey to Prairie Hills and Prairie Hills hereby agrees to acquire from City the following described real property: Tract II. A parcel of real property measured 40’ by 743 feet and located in the Prairie Hills Subdivision to the City of Brookings, County of Brookings, State of South Dakota, as shown on the attached Exhibit “A”; and Tract III. A parcel of real property consisting of Twenty-five (25) acres, more or less, and located in the Prairie Hills Subdivision to the City of Brookings, County of Brookings, State of South Dakota, as shown on Exhibit “A” attached hereto. A survey may be required to describe Tracts I and II prior to Closing. In addition, the City shall pay to Prairie Hills at Closing the additional sum of Three Hundred Six Thousand Six Hundred Seventy-three and 64/100 ($306,673.64) Dollars in order to equalize the value of the exchange. 2. Real Estate Closing Documents and Miscellaneous. City shall provide a Warranty Deed to Prairie Hills at Closing to include the property described as Tracts II and III above. City shall convey said property free of liens and mortgages, but said property may be subject to easements, rights of way and restrictions of record. Prairie Hills shall, in turn, provide a Warranty Deed to City at Closing to include the property described as Tract I above. Prairie Hills shall convey said property free of liens and mortgages, but said property may be subject to easements, rights of way and restrictions of record. In addition, Prairie Hills and City, as the case may be, shall also perform the following: A. Title Insurance Policy. Title Insurance is not required for this transaction. 22 City Council Packet August 11, 2009 B. Deed Preparation. The City Attorney will prepare the respective Warranty Deeds and Certificates of Real Estate Value. C. Transfer Fee and Real Estate Taxes. This transaction is exempt from transfer fees. Because Tracts II and III have been owned by the City of Brookings, which is a political subdivision, the property is exempt from real property taxes and the drainage assessment prior to the date of Closing. The 2009 Real Estate Taxes for Tracts II and III shall be prorated from the date of Closing, with Prairie Hills paying the pro-rated share pertaining to Tracts II and III after the date of Closing. All future taxes and assessments, including the 2009 annual storm sewer and drainage assessment, if any, shall also be Prairie Hills’ obligation. With respect to Tract I, Prairie Hills shall pay the accruing 2009 Real Estate Taxes through the date of Closing. D. Closing Date. The Closing Date shall occur when a mutually acceptable Closing Date is selected. E. Possession. The parties shall each acquire possession of the above-described property immediately following Closing. 3. Right of First Refusal. In the event the City of Brookings, South Dakota or its successors or assigns shall receive a bona fide offer from any person, company or other entity for the purchase of part or all of Tract I, and should the City of Brookings, South Dakota or its successors or assigns be willing to accept such offer, the City of Brookings, South Dakota or its successors or assigns shall provide Prairie Hills LLC with a copy of the offer and a copy of any proposed contract covering the sale of the above described real property and shall notify Prairie Hills LLC that it has accepted the proposed contract subject to this Right of First Refusal. For a period of sixty (60) days following receipt of the copy of said offer as contained in the proposed contract, Prairie Hills LLC shall have the right and option to enter into a real estate purchase contract with the City of Brookings, South Dakota on the same terms and conditions specified in the bona fide offer or proposed contract. In the event Prairie Hills LLC shall not so elect within the sixty (60) day period, the City of Brookings, South Dakota may then proceed to sell the part or all of the above-described real property to the potential buyer, provided the sale is completed upon the same terms and conditions and for the same purchase price set forth in the bona fide offer or contract delivered to Prairie Hills LLC. This Right of First Refusal shall run with the land described herein. 4. Right of First Refusal. In the event Prairie Hills LLC or its successors or assigns shall receive a bona fide offer from any person, company or other entity for the purchase of part or all of Tracts II and III, and should Prairie Hills LLC or its successors or assigns be willing to accept such offer, Prairie Hills LLC or its successors or assigns shall provide the City of Brookings, South Dakota with a copy of the offer and a copy of any proposed contract covering the sale of the above described real property and shall notify the City of Brookings, South Dakota that it has accepted the proposed contract subject to this Right of First Refusal. For a period of sixty (60) days following receipt of the copy of said offer as contained in the proposed contract, the City of Brookings, South Dakota shall have the right and option to enter into a real estate purchase contract with Prairie Hills LLC on the same terms and conditions specified in the bona fide offer or proposed contract. In the 23 City Council Packet August 11, 2009 event the City of Brookings, South Dakota shall not so elect within the sixty (60) day period, Prairie Hills LLC may then proceed to sell the part or all of the above-described real property to the potential buyer, provided the sale is completed upon the same terms and conditions and for the same purchase price set forth in the bona fide offer or contract delivered to the City of Brookings, South Dakota. This Right of First Refusal shall run with the land described herein. 5. Notice. This Real Estate Exchange Agreement was prepared by Steven J. Britzman, City Attorney for the City of Brookings, 521 Sixth Street, Suite 104, Brookings, South Dakota 57006. 6. Entire Agreement. This written Agreement constitutes the complete Agreement between the parties and supersedes any prior oral or written Agreement between the parties regarding the subject matter of this Agreement. There are no verbal agreements that change this Agreement and no waiver of its terms will be effective unless such are made and executed in writing and duly acknowledged as received by the parties. 7. Binding Effect. This Agreement binds the parties hereto and their heirs, successors and assigns, if any. Temporary On-Sale Malt & On-Sale Wine. A public hearing was held on an application for a Temporary On-Sale Malt Beverage and On-Sale Wine Retailer’s License for Downtown Brookings, Inc., on August 8, 2009, in the 400 block of Main Avenue for the “Taste of Brookings” event. No public comments were made. The application requests the beer garden location to consist of the entire 400 block of Main Avenue. However, Police Chief Jeff Miller recommends a beer garden enclosure, pending city attorney’s opinion regarding open container laws. The application also identifies DBI members serving as security personnel; however, Police Chief Jeff Miller recommends adding to the permit one police officer for security be paid for and provided by DBI at the normal charge-out rate of $30./hr. That would amount to $180.00 for the 5 hour period. The Police Dept. would also provide two additional reserve officers, with the full-time officer, at no cost. A motion was made by Bartley, seconded by Trieb, to approve pursuant with the requirements as stipulated by the Police Chief. All present voted yes; motion carried. TABLED ITEM: Resolution No. 67-09. TABLED ITEM: A motion was made by Bartley, seconded by McClemans, to remove Resolution No. 67-09 from the table. All present voted yes; motion carried. Weldon reported that this item was previously tabled due to the location of the main trunk water line. The developers are trying to get the necessary access easement for the owners, which need to be granted by Brookings Municipal Utilities. Those have not been granted yet; however, the 30 day bid limit has almost expired and he’s recommending action to award the low bid to Rounds Construction. A motion was made by McClemans, seconded by Whaley, to approve Resolution No. 67-09, awarding bids for 2009-09STI Riogrand, Napa Valley, Sonoma Valley & Cumberland Court Street Project, Phase II, Asphalt Surfacing, Grading, Curb & Gutter, and Utilities. No public comment was made. All present voted yes; motion carried. Resolution No. 67–09 Resolution Awarding Bids on 2009-09STI 24 City Council Packet August 11, 2009 Rio Grand, Sun Valley, Senoma Valley & Cumberland Court Valley View Phase II Project Whereas, the City of Brookings opened bids for the 2009-09STI Rio Grand, Sun Valley, Senoma Valley & Cumberland Court Phase II Project on Tuesday, July 7, 2009 at 1:30 pm at Brookings City Hall; and Whereas, the City of Brookings has received the following bids for the 2009-09STI Rio Grand, Sun Valley, Senoma Valley & Cumberland Court Phase II Project: GRADING: Rounds Construction Co., Inc., Brookings, SD, $279,356.09; Bowes Construction, Inc., Brookings, SD, $349,750.59; and Oliver Excavating, Inc., Tea, SD, $389,149.53. PAVING: Bowes Construction Co., Inc., Brookings, SD, $52,590.00 Now Therefore, Be It Resolved that the low bid $279,356.09 for Rounds Construction Co., Inc., Brookings, SD be accepted for the Grading project and the low bid of $52,590.00 for Bowes Construction Co., Inc., Brookings, SD be accepted for the Paving Project. Adjourn. A motion was made by Whaley, seconded by Bezdichek, to adjourn. All present voted yes; motion carried. Meeting adjourned at 6:35 p.m. CITY OF BROOKINGS ATTEST: Tim Reed, Mayor Shari Thornes, City Clerk 25 City Council Packet August 11, 2009 #4 - CONSENT AGENDA: C. Documentation of Police Car purchase pursuant to SDCL 5-18-9.1. On 7-17-09 and 7-23-09, bids were advertised by the City of Brookings for the purchase of two police package vehicles as per the enclosed specifications. No bids were received on the 7-28-09 bid letting. According to SDCL 5-18-9.1 and 5-18-9.2, when no bids are received a municipality may solicit a minimum of three competitive quotes under the original specifications. On 7-28-09, four quotes were directly solicited for and two were received. Sioux Falls Ford provided a quote of $24,900 per vehicle. Einspahr Ford provided a quote of $24,954. Watertown Ford and Schoenhard Ford of Huron both declined to provide a quote. Einspahr Ford was awarded the contract of two police package vehicles at a price of $24,954. 26 City Council Packet August 11, 2009 Brookings, South Dakota SPECIFICATIONS FOR 2010 POLICE VEHICLES Dated July 15, 2009 The vehicles being bid must be new and the latest production model to include, but not limited to, all standard and optional equipment listed below, as well as all safety equipment required by Federal and State laws including items advertised as standard equipment. Four-door Police Patrol Vehicle 1. Engine, 4.6 Liter, V-8 rated at 235 horse power. 2. Transmission, Automatic transmission and cooler, heavy duty police type. 3. Unique police vehicle air induction system 4. Gas cylinder hood assists 5. Locks, Power deck release. 6. Power door locks. 7. Power brakes, disc front heavy duty police type. (Four wheel, ABS may be substituted if standard on police package vehicle) 8. Power steering, factory, with auxiliary fluid cooler. 9. Power windows. 10. Radio, am-fm standard 11. Radio, heavy duty suppression kit to minimize interference between electronic ignition control system and two-way radio equipment. 12. Air bag, front driver / passenger. 13. Air conditioning, factory installed heavy duty. 14. Alternator, 80 amp minimum. 15. Axle, limited slip rear differential. 16. Axle, power train shall be geared to produce maximum power and top speed no less than 109 miles-per-hour. 17. Battery, 78 amp, 750 CCA. 18. Battery, saver turns lights off after 30-minutes 19. Accessory Power (Cigarette lighter) 20. Color, two tone Black and White, front and rear portions black, doors and roof to be white police standard 21. Cooling, fail safe engine cooling 22. Cooling, winterized to -35 degrees. 23. Cooling, heavy duty radiator with coolant recovery system. 24. Cooling, auxiliary engine oil cooler. 25. Cruise control. 26. Defroster, rear window. 27. Floor covering, heavy duty rubber only on front and rear. 28. Floor covering, trunk mat rubber or vinyl. 29. Front license plate bracket 30. Gauges, dial type mechanical lighted in conjunction with dash lights. 31. Glass, solar tinted, all windows. 32. Heater, engine manufacturer’s standard. 33. Hood release, inside. 27 City Council Packet August 11, 2009 34. Horns, dual. 35. Ignition, electronic coil on plug distributor less ignition system. 36. Light, Headlights, quartz-halogen H4656-H4651 or acceptable equal. 37. Light, dome, roof mounted between visors. 38. Light, spotlight, 6-inch diameter halogen, driver’s side mounted. 39. Light, trunk. 40. Lighting, Power Supply. Factory installed police power prep package to include hole in center of roof with wiring. 41. Lighting, rear power access point –including: power junction box providing power to trunk mounted equipment. 42. Lighting, deactivate door light switches. 43. Locks, single key remote keyless entry system, two keys furnished. 44. Locks, keyed alike code 1248X 45. Manual, factory to furnish one maintenance and service manual with each group of vehicles. 46. Measurement, wheel base 112 inches minimum. 47. Mirror, inside day and night adjustable. 48. Mirrors, heated, dual, remote control outside. 49. Parking Brake, manual release. 50. Seats, upholstery heavy duty cloth / vinyl in harmonizing colors (Grey) 51. Seats, heavy duty front foam padded type. Bucket type, 45/45 6-way power driver’s seat with lumbar support, regular passenger. 52. Steering, tilt wheel. 53. Steering, variable assist rack & pinion power steering 54. Suspension, special police pursuit suspension with heavy duty front and rear stabilizer bars, heavy duty springs and heavy duty shock absorbers. SLA front and Watts linkage rear. 55. Suspension, Heavy duty frame 56. Speedometer, certified calibration within 1 mile-per-hour, up to 140 miles-per-hour. 57. Tires, and wheels, to include full size spare tire, steel belted radial specifically designed for high speed pursuit driving and capable of sustaining speeds of 120 miles-per-hour. Tire size P235-55-R17 all season BSW tires with a minimum wheel size of 7.5 X 17. 58. Uninstalled front color-keyed front body side molding 59. Washers, dual windshield washers filled and winterized to -10 degrees. 60. Wipers, intermittent multiple speed. 61. Wheel cover, deluxe full. The Following Model Will Be Considered For Patrol Car Bid Proposal: These cars must be bid with police package standards. Ford Crown Victoria or equivalent make and model THE FOLLOWING MODEL WILL BE CONSIDERED FOR PATROL CAR BID PROPOSAL: These cars must be bid with police package standards. 28 City Council Packet August 11, 2009 Ford Crown Victoria or equivalent make and model GENERAL CONDITIONS 1. It is understood by the bidder that the City of Brookings, South Dakota is exempt for State sales tax and Federal Excise Tax. Therefore, the net amount of bids shall not reflect these taxes. The City of Brookings tax exemption number is: 46-6000069 2. The City of Brookings reserves the right to award each vehicle purchase to a different bidder. 3. Accepting and awarding bids will be based on the ability of prospective bidders to provide vehicles which meet established manufacturing specifications and industry standards for vehicles intended to be used in police service. 4. The bidder shall submit with their proposal an itemized list of standard and optional equipment provided with the car, including minimum specifications as noted in vehicle bid specifications. 5. Delivery of the vehicles purchased shall be within 120 days from the date of bid award. 29 City Council Packet August 11, 2009 #4 - CONSENT AGENDA: D. Action on appointment to the Visitor Promotion Committee. Appoint Michael Lee Kendall to the second student position on the Visitor Promotions Committee (Term beginning 8/1/2009 through 1/1/2012). 30 City Council Packet August 11, 2009 #4 - CONSENT AGENDA: E. Amendment to First Reading Policy pertaining to agenda packet documentation. Pursuant to Council action at the July 28th meeting, the following is an amendment to the existing policies regarding Ordinance First Readings and the required documentation. Brookings City Council Policy First Reading of Ordinances Brookings, South Dakota Original Policy – September 2, 2003 Ordinance Adopted – May 9, 2006 Policy Amended - August 11, 2009 Objective: The Brookings City Council wishes to establish a uniform procedure for handling the first reading of all proposed ordinances. Policy on Council Meeting Procedure: Pursuant to City Ordinance 14-06, the purpose of an ordinance first reading is to announce an issue to the public and the following procedure is utilized for the meeting. Ordinance No. 14-06 An Ordinance Establishing a Policy for the First Reading of Ordinances in the City of Brookings, South Dakota. Be it Ordained and Adopted by the City Council of the City of Brookings, State of South Dakota, as follows: I. Sec. 2-34. First Reading Policy for Ordinances. The first reading of an ordinance shall follow the following procedure: 1. The full title of the ordinance change shall be read by the Mayor or the City Clerk. 2. The date for the second reading of the ordinance shall be announced immediately following the first reading of the ordinance. 3. Discussion by the city council and public comment shall be permitted only during the second reading and any subsequent readings of the ordinance. 4. No vote by the city council shall be required to proceed to a second reading of an ordinance. Policy on Agenda Packet Documentation. In order to better facilitate applicant requests, the City Council agenda packet documentation for first reading of ordinances will not require the Planning Commission minutes. All other documentation generally provided in the second reading packets will continue to be provided in the first packet (i.e. staff report, ordinance, legal notices, mailing list, zoning regulations, maps, site plans, correspondence for opponents and proponents). 31 City Council Packet August 11, 2009 #4 - CONSENT AGENDA: F. Action to cancel the November 10th Council Meeting. Due to lack of quorum , the November 10th council meeting is cancelled. State law requires official Council action to schedule or cancel a meeting. 32 City Council Packet August 11, 2009 #4 - CONSENT AGENDA: G. Action on Resolution No. 76-09, awarding bids on Brookings Roof Replacement Project. The 2009 City Budget included $49,700.00 to replace the City Hall roof material over the fire truck bay and for the East Fire Station. The City Hall Roof project included removal and replacement of the EDPM membrane. The East Fire Station Roof project includes removal of the ballast and membrane, replacement of the membrane and reuse of the ballast, with Alternate 1 to install new aluminum soffit panels over the wooden soffit. Both bid packages included a price per square foot for replacement of deteriorated or wet insulation (substrate) material. The plans for this project were mailed to area contractors and 2 builders exchanges. The bid letting was held on August 4, 2009 and the City received the following bids: Work or Material Base Bid Add’l Item: Expanded Polystyrene Insulation Alternate #1: Soffit Total Base Bid + Alternate #1 Units Lump Sum Sq. Ft. Lump Sum BHI, Inc. Harrisburg, SD $35,373.00 $1.90 $5,571.00 $40,944.00 Guarantee Roofing & Sheet Metal of SD, Inc. - Sioux Falls, SD $35,899.00 $1.00 $9.30 per sq. ft. $42,409.00 (approx.) Architectural Roofing & Sheetmetal, Inc. - Sioux Falls, SD $36,925.00 $0.85 $10,725.00 $47,650.00 Pro-Tec Roofing, Inc. Watertown, SD $46,990.00 $0.48 $2,998.00 $59.988.00 MJ Daisin Roofing Sioux Falls, SD $47,284.00 $0.51 $7,986.00 $55,270.00 Buysee Roofing Systems & Sheet Metal, Inc. - Marshall, MN $44,975.00 $0.80 $10,680.00 $55,655.00 The low total bid including Alternate 1 was lower than the City’s budget of $49,700.00. This resolution will awarding the Brookings Roof Replacement Project to the low bidder BHI Construction, Inc. for the base bid of $35,373.00 with Additional Item: Expanded Polystyrene Insulation of $1.90/sf and Alternate 1 of $5,571.00. 33 City Council Packet August 11, 2009 Resolution No. 76–09 Resolution Awarding Bids on Brookings Roof Replacement Project Whereas, the City of Brookings held a bid letting at 1:30 pm on Tuesday, August 4, 2009; and Whereas, the City of Brookings has received the following bids for the Brookings Roof Replacement Project Base Bid Addn. Item: Polystyrene Alternate 1Soffit Insulation BHI, Inc. Harrisburg, SD $35,373.00 $1.90/sf $5,571.00 Guarantee Roofing & Sheet $35,899.00 $1.00/sf $9.30/sf Metal of SD, Inc., Sioux Falls, SD Architectural Roofing & Sheet $36,925.00 $0.85/sf $10,725.00 Metal, Inc., Sioux Falls, SD Pro-Tec Roofing, Inc., $46,990.00 $0.48/sf $2,998.00 Watertown, SD MJ Dalsin, Inc. $47,284.00 $0.51/sf $7,986.00 Sioux Falls, SD Buysee Roofing Systems & $44,975.00 $0.80/sf $10,680.00 Sheet Metal, Inc., Marshall, MN Now Therefore, Be It Resolved that the low base bid of $35,373.00 with Additional Item: Polystyrene Insulation for $1.90/sf and Alternate 1 of $5,571.00 of BHI, Inc., Harrisburg, SD be accepted. Passed and approved this 11th day of August 2009. CITY OF BROOKINGS ________________________________ Tim Reed, Mayor ATTEST: _________________________ Shari Thornes, City Clerk 34 City Council Packet August 11, 2009 #4 - CONSENT AGENDA: H. Action on Resolution No. 77-09, Authorizing Change Order (CCO#1) for Landfill Electronics Storage Building. Resolution No. 77-09 authorizes a change order to add thermal tape between the metal siding and the iron frame work at a cost of $572.00. The purpose of this thermal tape is to prevent expansion and contraction of the siding if the building were ever to be heated in the future. Currently the building will be utilized as a cold storage building, however, if in the future the decision would be to heat the building; it has been constructed with an insulated roof, insulation around the concrete floor and insulated overhead doors. All that would be required to heat the building would be to insulate the walls and add a heating system. Therefore, it seemed prudent to add the thermal tape at this point, otherwise if the building would ever be heated, all the siding would have to be removed and then the thermal tape installed and then reinstall the siding (at a considerably higher cost in the future). Resolution No. 77-09 A Resolution Authorizing Change Order (CCO#1) For Landfill Electronics Storage Building Mills Construction, Inc., Brookings, SD BE IT RESOLVED by the City Council that the following change order be allowed for the Landfill Electronics Storage Building: Construction Change Order Number 1: Adjust contract price for work to supply and install thermal tape between the siding and the red iron for a total increase of $572.00. Passed and approved this 11th day of August 2009. CITY OF BROOKINGS _________________________ Tim Reed, Mayor ATTEST: ____________________________ Shari Thornes, City Clerk 35 City Council Packet August 11, 2009 #4 - CONSENT AGENDA: I. Action to approve an abatement request from Associates Housing Finance for 2008 taxes in the amount of $634.80 for mobile home at Western Estates #801 (Assessor Recommends Approval). Associates Housing has submitted an application to abate a portion of the 2008 property taxes in the amount of $117.68 for a mobile home at Western Estates Lot #801. County Assessor recommends approval. A copy of the Assessor’s recommendation is enclosed. 37 City Council Packet August 11, 2009 #4 - CONSENT AGENDA: J. Action on Resolution No. 80-09, Authorizing Golf Cart Lease Agreement. The City wishes to add one additional year to its lease agreement for motorized golf carts. Action on Resolution No. 80-09 will authorize the City Manager to enter into a lease agreement. The dollar amount is included in the 2010 EdgeBrook Enterprise Fund budget, the same amount as 2009. Resolution No. 80-09 Resolution Authorizing Golf Cart Lease Agreement Whereas, the City of Brookings annually leases motorized golf carts for use at EdgeBrook Golf Course, and Whereas, the fleet of golf carts currently being leased by the city, under terms of a lease expiring in 2009, is available for one additional year of use, and Whereas, it would be in the best interest of the city to lease one additional year, at an annual cost identical to that currently in effect, $22,183.20, Now, Therefore, Be It Resolved by the City Council of the city of Brookings, South Dakota that it authorizes the City Manager to sign such lease agreement for the calendar year 2010. Passed and approved this 11th day of August 2009. CITY OF BROOKINGS ____________________________ Tim Reed, Mayor ATTEST: __________________________ Shari Thornes, City Clerk 39 City Council Packet August 11, 2009 Presentations/Reports/Special Requests: 5. Introduction of Roger Oberg, Brookings Health Systems CEO. Keith Corbett, Brookings Health Systems Board Chairman, will introduce Roger B. Oberg, the newly appointed Chief Executive Officer of the Brookings Health System. Mr. Oberg joins Brookings Health System with over two decades of senior executive experience, concentrated in the areas of operations, finance and asset management, marketing, strategic planning and customer service in the health care administration field. Mr. Oberg comes to Brookings Health System from Clayton, New Mexico where he has been serving as the interim administrator and CEO of Union County General Hospital. Previously, he held the position of CEO and administrator at Long Prairie Memorial Hospital & Home in Long Prairie, Minnesota. His official start date is August 10, 2009. 40 City Council Packet August 11, 2009 Presentations/Reports/Special Requests: 6. 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. 7. SDSU STUDENT SENATE REPORT. 41 City Council Packet August 11, 2009 Ordinances – 1st Readings** 8. Ordinance No. 17-09: An Ordinance amending Article V. of Chapter 26 of the Code of Ordinances of the City of Brookings, South Dakota and pertaining to Taxicabs. Public Hearing: August 25th ** 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. After the change in government, the issuance of taxi cab licenses became an administrative matter that no longer required City Council action. However, recent review of the ordinance regarding procedures to revoke a license found that the City could revoke a “driver’s taxicab license”, but there is not a similar provision for revocation of the taxicab “owner’s license.” This is a housekeeping measure to allow for the City Manager to also have the administrative ability to revoke a license. 42 City Council Packet August 11, 2009 ORDINANCE NO. 17-09 (Marked) AN ORDINANCE AMENDING ARTICLE V. OF CHAPTER 26 OF THE CODE OF ORDINANCES OF THE CITY OF BROOKINGS, SOUTH DAKOTA AND PERTAINING TO TAXICABS. BE IT ORDAINED AND ENACTED BY THE COUNCIL OF THE CITY OF BROOKINGS, STATE OF SOUTH DAKOTA, AS FOLLOWS: I. That the following Sections of Article V. and pertaining to Taxicabs are amended to read as follows: Sec. 26-211. Required. No person shall operate a taxicab within the city without first having obtained an owner’s license from the city council. Sec. 26-215. Transfer. No taxicab license issued pursuant to this article shall be transferred from one owner to another except upon approval of the city manager council. Sec. 26-244. Approval. The policy or certificate of liability insurance required by this division shall be approved by the city manager council prior to issuance of the license. Sec. 26-276. Action by council Licensing procedure. After the chief of police has returned an application for a license required by this division to the city clerk, the city clerk shall bring such return to the attention of the city council at its next regular meeting submit the application to the city manager for review. The issuance of such license shall be discretionary with the city manager council and a license shall be issued by the city clerk only upon the approval of the city manager council. Sec. 26-277. Revocation. Any license or temporary permit issued under this division may be revoked by the city manager council for the violation by the licensee of any applicable provision of state law, city ordinance or rule or regulation of the city, or for other good cause. II. Any or all ordinances in conflict herewith are hereby repealed. FIRST READING: SECOND READING: PUBLISHED: CITY OF BROOKINGS, SOUTH DAKOTA ATTEST: Tim Reed, Mayor Shari L. Thornes, City Clerk 43 City Council Packet August 11, 2009 Second Readings / Public Hearings 9. Action on Resolution No. 79-09, awarding bids on Alley Assessment Project 2009-04STA (Alley between 11th & 12th Avenues, and 1st & 2nd Streets.). The Brookings City Council approved Resolution of Necessity 50-09 on May 26th, 2009, authorizing the City to proceed with bidding for an alley assessment project. This project consists of grading, gravel and asphalt paving for an alley located between 11th Avenue & 12th Avenue and 1st Street & 2nd Street. The plans for this project were mailed to area contractors and 2 builders exchanges. The bid letting was held on August 4, 2009 and the City received the following bid: Bowes Construction, Inc., Brookings, SD $26,699.50 The low base bid was approximately 6% higher than the engineer’s estimate of $25,155.00. This bid equates to a frontage assessment of approximately $40.43 per front foot, which is based upon the bid cost plus 6% engineering and administration fee divided by 700 frontage feet. The entire cost of this project will be assessed to the abutting property owners after the project is complete and the exact amount to be assessed will be based on actual installed quantities and is usually slightly different than the estimated cost. Resolution 50-09 stated that the estimated cost per front foot of alley was $38.00. A notice of this council meeting was mailed to the abutting property owners by first class mail to alert them the cost was higher than the estimate. It is unknown at the time of this memo if the majority of the abutting property owners would still be in favor of paving the alley at the higher bid cost. The property owners do have the option of paying the assessment over a 5 year period with interest of 10% on the unpaid balance. One option would be to reject bids and rebid with the City’s overlay project in 2010, however, the cost would likely be higher due to rising construction and oil costs. City Manager recommendation: Since 100% of the cost to pave the alley is paid for by the abutting property owners, staff recommends awarding the bid only if a majority of the abutting property owners want to proceed at the higher assessment cost. We will not know the response of the property owners until the meeting testimony on Tuesday, August 11th. 44 City Council Packet August 11, 2009 Name Address1 CityStateZip Gordon Harms 116 11th Avenue Brookings, SD 57006 Emma Dimit-Trustee 1106 2nd Street Brookings, SD 57006 Eugene Buckley 1110 2nd Street Brookings, SD 57006 Jonathan and Heather Neff 1118 2nd Street Brookings, SD 57006 Michael and Anne Wimberly 1124 2nd Street Brookings, SD 57006 Dimitrios Theodosopoulos 310 Marian Avenue South Brookings, SD 57006 Wilbur Marsh 1111 1st Street Brookings, SD 57006 Kimberly and Jeremy Stulken 1115 1st Street Brookings, SD 57006 Leona Telkamp 21680 471st Avenue Brookings, SD 57006 Brash LLC 822 3rd Avenue Brookings, SD 57006 Beatrice Thompson 1123 1st Street Brookings, SD 57006 Resolution No. 79–09 Resolution Awarding Bids on Project 2009-04STA Alley Assessment Project Whereas, the City of Brookings held a bid letting at 1:30 pm on Tuesday, August 4, 2009; and Whereas, the City of Brookings has received the following bids for Project 2009-04STA Alley Assessment Project: Bowes Construction, Inc., Brookings, SD $26,699.50 Now Therefore, Be It Resolved that the low bid of Bowes Construction, Inc., Brookings, SD of $26,699.50 be accepted. Passed and approved this 11th day of August 2009. CITY OF BROOKINGS ________________________________ Tim Reed, Mayor ATTEST: _________________________ Shari Thornes, City Clerk Action: Open & Close Public Hearing, Motion to Approve, Roll Call City Manager Recommendation: Approve 45 City Council Packet August 11, 2009 Second Readings / Public Hearings 10. Ordinance No. 18-09; An Ordinance pertaining to an application for a Conditional use for a Kennel in the Business B-3 District Applicant: Brookings Regional Humane Society Proposal: Establish a kennel in a heavy business district Background: This building has been used by several businesses in the past. The property is surrounded by large commercial buildings including a motor vehicle repair shop, warehouses, and a flooring store. Specifics: The standards that apply when considering a kennel use are as follows: Sec. 94.282 This use shall be located in areas where the noise generated by such use would not be a nuisance or detriment to adjacent properties. A fence separating the kennel operation from adjacent properties shall be required. Kennels within 400 feet of a residential district are not allowed. Kennels in conjunction with an animal hospital with indoor confinement may be established less than 400 feet from a residential district. These are minimum standards and other conditions can be applied as needed. The proposal includes a dog run along the south wall of the building. All other activities will be contained within the building. On-premise parking is adequate for this use. Recommendation: The Planning Commission voted 6 yes and 1 no to recommend approval of the Conditional Use. Action: Open & Close Public Hearing, Motion to Approve, Roll Call City Manager Recommendation: Approve 47 City Council Packet August 11, 2009 Ordinance No. 18-09 An ordinance pertaining to an application for a Conditional Use for a Kennel in the Business B-3 District. Be it ordained by the governing body of the City of Brookings, South Dakota that said Conditional Use shall be approved for a Kennel on the south 100 feet of Outlot 5 in the NE ¼ of Section 35- T110N-R50W with the following conditions: • The Conditional Use shall only be granted to the Brookings Regional Humane Society All sections and ordinances in conflict herewith are hereby repealed. First Reading: July 28, 2009 Second Reading: August 11, 2009 Published: August 14, 2009 City of Brookings __________________________ Tim Reed, Mayor Attest: ________________________________ Shari Thornes, City Clerk 48 City Council Packet August 11, 2009 Sec. 94-134. BUSINESS B-3 HEAVY DISTRICT. (a) Intent. This district is intended to provide for a wide variety of retail services. This district will include commercial uses requiring large land areas, extensive retail operations, and outdoor display of merchandise. Inventory and material storage shall be screened. (b) Scope of Regulations. The regulations set forth in this section or set forth elsewhere in this title, when referred to in this section, are the district regulations of the Business B-3 Heavy District. (c) Permitted Uses. 1. Retail or service store 2. Personal service store 3. Hotel 4. Financial institution 5. Public transportation facility 6. Public utility facility 7. Parking facility or lot 8. Grocery supermarket 9. Drive-in food service 10. Gas dispensing station 11. Animal hospital 12. Car wash 13. Indoor or outdoor recreational facility 14. Temporary storage facility 15. Automobile sales 16. Office 17. Seasonal roadside stand 18. Drinking Establishment 19. Telecommunications Towers (d) Permitted Special Uses. A building or premises may be used for the following purposes in conformance with the conditions prescribed herein: 1. Outdoor sales a. Used parts and other material storage shall be screened from adjoining property. 2. Wholesale trade with warehousing and storage a. All inventory shall be stored within a completely enclosed building. 3. Lumberyard a. The lumber storage area shall be at the rear of the building and screened from any arterial street or residential district. b. Seasonal outdoor displays shall not reduce the number of parking spaces on the lot below the minimum requirements. 4. Nursery or greenhouse a. Any land used to grow flowers, shrubs or trees shall not be located within 100 feet of an arterial street. 5. Reverse vending machine a. A trash receptacle shall be provided on-site. 6. Automobile service station a. No fuel delivery pump shall be located within twenty feet (20') of any side lot line or right-of-way line. No fuel pump shall be located within fifty feet (50') of the side or rear lot line abutting a residential district. 53 City Council Packet August 11, 2009 b. All repair work shall be done within a completely enclosed building. c. All used automobile parts and dismantled vehicles shall be screened from adjacent property. 7. Citizen's drop-off for recyclables a. No container shall be located within 100 feet of a residential district. 8. Motor vehicle repair shop a. All repair work shall be done within a completely enclosed building. b. All used automobile parts and dismantled vehicles shall be screened from adjacent property. 9. Motel a. A minimum lot area of 1,000 square feet shall be provided for each sleeping room or suite. 10. Equipment rental store a. An on-premise pickup and drop-off area shall be provided b. Outdoor displays shall not reduce the number of parking spaces on the lot below the minimum requirements. 11. Auction house a. An on-premise pickup and drop-off area shall be provided b. Outdoor displays shall not reduce the number of parking spaces on the lot below the minimum requirements. 12. Semi-trailer storage a. Storage shall not be permitted in the minimum front yard setback. (e) Conditional Uses. 1. Assembling and packaging 2. Freight handling 3. Manufacturing, light 4. Mixed business/residential use 5. Contractors shop and storage yard 6. Buy back center for recyclables 7. Household hazardous waste site 8. Light processing facility 9. Transfer site for recyclables 10. Day care facility 11. Kennel 12. Truck and trailer rentals 13. Farm Implement Sales (f) Density, Area, Yard and Height Regulations. The B-3 district regulations shall be as follows: Min. Min. Min. Min. Min. Max. Lot Lot Front Side Rear Height Density Area Width Yard Yard Yard Sq.Ft. Sq.Ft. All Uses - - 20' -* 20'* 45' *A fifty foot (50') landscaped area shall be required between an abutting residential district boundary line and any structure, access drive, parking lot or other accessory use. (g) Accessory Uses. Accessory uses and building permitted in the B-3 District are buildings and uses customarily incidental to any of the permitted uses in the district. 54 City Council Packet August 11, 2009 (h) Parking Regulations. Parking, loading and stacking within the B-3 District shall be in conformance with the regulations set forth in division 4 of article VI of this chapter. (i) Sign Regulations. Signs within the B-3 District shall be in conformance with the regulations set forth in division 5 of article VI of this chapter. (j) Other Regulations. Development within the B-3 District shall be in conformance with the regulations set forth in article II of this chapter. 55 City Council Packet August 11, 2009 Planning Commission Brookings, South Dakota July 7, 2009 OFFICIAL MINUTES Chairperson David Kurtz called the regular meeting of the City Planning Commission to order on July 7, 2009 at 7:00 PM in the Council Chamber at City Hall. Members present were, Alan Gregg, John Gustafson, Al Heuton, Wayne Avery, Greg Fargen, Mike Cameron, and Kurtz. Stacey Howlett and Larry Fjeldos were absent. Also present were Dick Peterson, Rose Davidson, Dave Owens, Brian Gatzke, Kathy Larson, Wayne Wagner, City Manager Jeff Weldon, City Engineer Jackie Lanning, Community Development Director Mike Struck, Planning and Zoning Administrator Dan Hanson and others. Item #4 – Brookings Regional Humane Society has submitted an application for a Conditional Use to establish a kennel on the south 100 feet of Outlot 5 in the NE¼ of Section 35-T110N-R50W (Cameron/Gustafson) Motion to approve the Conditional Use (Cameron/Fargen) Amendment to the motion to add “to the Brookings Regional Humane Society only”. All present voted aye. AMENDMENT CARRIED. The motion, as amended, was voted on. All present voted aye except Kurtz voted no. MOTION CARRIED. SUMMARY OF DISCUSSION Item #4 – Dick Peterson, a director on the Board of the Brookings Regional Humane Society, stated they were looking for a building with air conditioning. The proposed site would have a small fenced dog run along the south side of the building for dogs when their pens were being cleaned. No dogs would be kept in that area. Rose Davidson of the Brookings Regional Humane Society remarked that the main occupants of the facility would be cats. Only a few dogs would be housed there. Kurtz noted that one of the standards required a 400 foot minimum distance to a residential district boundary. He was concerned about barking dogs. Davidson responded that dogs would only come in on an emergency basis. She added that the building was made of cinder block. Gustafson felt the site was appropriate since the warehouses and other buildings around the site would block noises. Cameron asked if the site had ample parking. Peterson replied yes. 56 City Council Packet August 11, 2009 11. Adjourn. 57