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HomeMy WebLinkAbout2009_08_25 CC PKTCity Council Packet August 25, 2009 1 Brookings City Council Tuesday, August 25, 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 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. Proposed 2010 City Budget. 2. 6:00 p.m. Meeting Review. 3. Council Invites & Obligations. 4. City Council Member Ex-Officio Reports. 5. 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. Motion to approve, request public comment, roll call * Matters appearing on the Consent Agenda are expected to be non-controversial and will be acted upon by the Council at one time, without discussion, unless a member of the Council or City Manager requests an opportunity to address any given item. Items removed from the Consent Agenda will be discussed at the beginning of the formal items. Approval by the Council of the Consent Agenda items means that the recommendation of the City Manager is approved along with the terms and conditions described in the agenda supporting documentation. Presentations, Special Requests/Invites & Reports: 5. Open Forum. 6. SDSU Student Senate Report. Ordinances – 1st Readings ** 7. Ordinance No. 19-09: An Ordinance Clarifying Open Burning and Creating Requirements for Recreational Fires in the City of Brookings, South Dakota. Public Hearing – September 8th 8. Ordinance No. 20-09: An ordinance pertaining to an application for a Conditional Use for a church in the Business B-2 District. Public Hearing – September 8th City Council Packet August 25, 2009 2 ** No vote is taken on the first reading of ordinances. The title of the ordinance is read and the date for the public hearing is announced. Second Readings/Public Hearings 9. Ordinance No. 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. Action: Motion to approve, Request Public Comment, Roll Call 10. Action on an amendment to the R&T Center lease agreement between the City of Brookings and Biogenetics. Action: Motion to approve, Request Public Comment, Roll Call 11. Executive Session for purposes of consulting with legal counsel about contractual matters. Action: Motion to enter session – Voice Vote Motion to leave executive session – Voice Vote 12. 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. City Council Packet August 25, 2009 3 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. Proposed 2010 City Budget. TO: Mayor and City Council Members FROM: City Manager Jeff Weldon RE: Budget Workshop #2 We are scheduled to convene in workshop session at 4:00 p.m. to resume our discussion of the proposed 2010 budget. Please remember to bring your budget books with you again. We will pick up where we left off from the last work session with the subsidy requests followed by the departmental operating budgets. At that point we should begin to reconcile the budget issues with a consensus on 2010 capital items and any items you wish to change from my recommendation. We can have a discussion of second penny capital projects from the five-year CIP but I suggest we do that only after we have resolved our issues for the 2010 budget. We need to arrive at a consensus on the pending year’s budget and any future year’s budgets can wait until we have completed this year’s budget. For reference, enclosed in the packet you will see the capital project analysis for each the 25% and 75% project funds, the debt worksheet analysis, and a draft budget ordinance which will have its first reading on September 8. The proposed 2010 City of Brookings Budget is available on the front page of the City’s website – www.cityofbrookings.org . Estimated Time: 100 Minutes 0 500,000 1,000,000 1,500,000 2,000,000 2,500,000 2009 2010 2011 2012 2013 2014 2015 2016 25% 2nd Penny Cash Flow Capital Purchases Annual Revenue & Cash Cash Balance (Fire Truck Acquisition Scheduled 2010,13,15,16) Second Penny 25% Second Penny Projections 3% projected Assuming an annual increase of 3.0%Growth 0.02 Interest Year 2009 2010 2011 2012 2013 2014 2015 2016 Expenditures Debt Service Lease Payment Golf Carts/Park 22,300 22,300 22,300 22,300 22,300 25,000 25,000 25,000 Lease Payment/Motor Graders 37,419 37,419 37,419 37,419 53,086 Lease Payment/Fire Trucks-Prin 117,858 122,914 128,187 133,686 139,421 145,402 151,640 Lease Payment/Fire Trucks-Int 40,287 35,231 29,958 24,459 18,724 12,743 6,505 Total Annual Debt Service 217,864 217,864 217,864 217,864 233,531 183,145 183,145 25,000 Cash Projects Street Sealing 192,000 205,000 220,000 235,500 250,000 265,000 280,000 295,000 Street Dept-Vehicles/Equip 212,000 570,000 221,000 184,000 250,000 258,750 250,000 E-911 226,843 190,000 196,650 203,533 210,656 218,029 225,660 233,559 Law Enforcement Vehicles/Equip 78,896 85,110 155,200 121,500 78,000 92,000 80,000 80,000 Fire Department Vehicles/Equip 75,000 425,000 160,000 110,000 685,000 460,000 500,000 Fire Department Facilities 37,200 41,000 Parks-Facilities & Parks 271,528 55,000 81,000 45,000 65,000 67,275 69,630 Total Cash Projects 1,093,467 905,110 1,397,850 972,533 1,452,656 890,029 1,371,685 1,428,188 Total Annual Expenditures 1,311,331 1,122,974 1,615,714 1,190,397 1,686,187 1,073,174 1,554,830 1,453,188 Revenues Payments for late delivery 15,180 Interest Income 15,000 15,000 14,045 8,560 9,929 4,454 8,683 6,357 25% Sales Tax Revenue 1,168,750 1,200,000 1,236,000 1,273,080 1,311,272 1,350,611 1,391,129 1,432,863 Total Annual Revenues 1,198,930 1,215,000 1,250,045 1,281,640 1,321,201 1,355,065 1,399,811 1,439,220 Annual Net -112,401 92,026 -365,668 91,244 -364,986 281,890 -155,019 -13,968 Ending Cash Balance 844,331 936,357 570,689 661,932 296,946 578,837 423,818 409,850 Restricted Cash Balance Cashflow 151,916 151,916 151,916 151,916 151,916 151,916 151,916 151,916 Need to maintain 3% growth in revenue to sustain proposed capital purchases 2,043,261 2,151,357 1,820,734 1,943,573 1,618,148 1,933,902 1,823,629 1,849,070 2ndPenny 25% Projects Aug 09 4,125,880 4,777,000 22,955,000 6,303,500 0 5,000,000 10,000,000 15,000,000 20,000,000 25,000,000 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 75% Public Improvement Cash Flow (5 year CIP thru 2014/2015 Street Developments only) Second Penny Assuming an annual revenue increase of 1.03 Year 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Expenditures Debt Service 2003 Swiftel/Library Principle 765,000 790,000 810,000 840,000 870,000 900,000 2003 Swiftel/Library Interest 168,320 143,840 118,560 91,830 62,850 32,400 2001 Ice Arena/PAC Principal**-2021 275,000 285,000 300,000 310,000 325,000 340,000 585,000 755,000 790,000 835,000 875,000 920,000 970,000 1,015,000 2001 Ice Arena/PAC* Interest 422,206 410,656 398,401 385,201 371,251 356,301 340,321 312,241 275,624 236,519 193,725 148,881 101,731 52,019 2005 Retail/Principal 290,000 295,000 305,000 315,000 325,000 340,000 355,000 365,000 2005 Retail/Interest 91,908 82,011 71,673 60,718 49,248 37,160 24,400 10,725 2006 Aquatic Pool/Principal 308,000 308,000 308,000 308,000 2006 Aquatic Pool/Interest 61,600 46,200 30,800 15,400 2009 Larson Advance/LIC Exterior 135,000 2009 Larson Advance/LIC Exterior 4,050 4,050 4,050 2009 Innovation Campus Loan/Principal 44,134 45,473 46,853 48,274 49,739 51,248 52,803 54,405 56,055 57,756 2009 Innovation Campus Loan/Interest 78,838 35,207 33,868 32,488 31,067 29,602 28,093 26,538 24,937 23,285 21,585 *Swiftel Expansion Principal 2013 209,112 219,810 231,056 242,878 255,304 268,365 282,096 296,528 *Swiftel Expansion Interest 2013 351,058 340,359 329,113 317,293 304,866 291,804 278,074 263,642 *City Hall Principal 2011 133,297 138,727 144,379 150,262 156,384 162,755 169,386 176,287 183,469 *City Hall Interest 2011 160,009 154,578 148,926 143,044 136,922 130,550 123,920 117,019 109,836 *Airport Expansion Principal 2014 1,807,490 1,898,994 1,995,131 2,096,134 2,202,251 *Airport Expansion Interest 2014 477,685 386,181 290,045 189,041 82,924 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 Total Annual Debt Service 2,383,234 2,361,907 2,347,684 2,410,237 2,222,940 2,379,708 4,523,912 4,662,156 4,284,816 4,290,712 4,287,916 2,002,898 2,005,747 2,001,035 Cash Projects Railroad Switch 40,000 Boys & Girls Club 100,000 100,000 100,000 Swiftel CIP 225,000 111,530 650,000 188,000 152,000 105,000 103,500 Critical Need-Forestry Aerial Truck 135,000 Bike Trail Improvement Project 40,000 101,000 SDSU Research Park 150,000 150,000 150,000 SDSU Wellness Center 500,000 Nature Park 50,000 50,000 50,000 50,000 City Hall Entrance 75,000 Larson holding barn concrete floor & turf 125,000 Automation irrigation system/Edgebrook 170,000 Airport Expansion 294,880 500,000 400,000 12,000,000 2,000,000 S Main Ave sewer line extension 500,000 Street Improvements 516,000 420,000 400,000 300,000 150,000 Street Development 700,000 500,000 1,500,000 150,000 1,500,000 1,000,000 500,000 SDSU Innovation Campus 694,000 Animal Control/Humane Society Bldg 100,000 100,000 Bob Shelden baseball field upgrade 200,000 Adult baseball fields (2) Southbrook 175,000 City Hall 2,000,000 2,000,000 Railroad Traffic Signals 150,000 1,350,000 Swiftel Expansion 7,000,000 Fire Station 550,000 Aquatic Center/Lazy River 2,000,000 City/School Partnership Park-Land 200,000 8/11/2009 Public Improvement Planning Tool Page 1 Second Penny Assuming an annual revenue increase of 1.03 Year 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Total Cash Projects 2,114,560 1,076,530 4,125,880 1,958,000 4,777,000 22,955,000 6,303,500 1,200,000 500,000 0 0 0 0 0 Total Annual Expenditures 4,497,794 3,438,437 6,473,564 4,368,237 6,999,940 25,334,708 10,827,412 5,862,156 4,784,816 4,290,712 4,287,916 2,002,898 2,005,747 2,001,035 Revenues 75% Sales Tax Revenue 3,773,029 3,506,250 3,611,438 3,719,781 3,831,374 3,946,315 4,064,705 4,186,646 4,312,245 4,441,613 4,574,861 4,712,107 4,853,470 4,999,074 Donations 61,600 46,200 36,200 20,800 Interest 131,590 82,570 85,519 44,516 35,872 48,984 76,485 66,191 42,051 35,594 38,391 43,271 84,558 128,543 Interfund Loan Repayment 6,865 6,865 6,865 172,754 Total Annual Revenues 3,966,219 3,635,020 3,740,022 3,791,962 3,874,111 4,168,053 4,141,189 4,252,837 4,354,297 4,477,206 4,613,252 4,755,378 4,938,028 5,127,617 Revenue Bond Proceeds 4,000,000 19,000,000 FAA Grant Match 4,000,000 6,000,000 Total Debt Proceeds 0 0 0 0 4,000,000 23,000,000 6,000,000 0 0 0 0 0 0 0 Total Revenues 3,966,219 3,635,020 3,740,022 3,791,962 7,874,111 27,168,053 10,141,189 4,252,837 4,354,297 4,477,206 4,613,252 4,755,378 4,938,028 5,127,617 Annual Net -531,575 196,583 -2,733,542 -576,275 874,171 1,833,345 -686,223 -1,609,319 -430,519 186,495 325,336 2,752,480 2,932,281 3,126,582 0.1 Ending Balance 5,504,691 5,701,274 2,967,732 2,391,457 3,265,629 5,098,974 4,412,751 2,803,432 2,372,913 2,559,408 2,884,744 5,637,223 8,569,504 11,696,086 Minimum Bal 10% cash flow 339,923 0 0 0 0 0 0 0 0 0 0 0 0 0 Restricted Cash Debt 2,192,673 2,174,923 2,174,923 2,174,923 2,574,923 3,300,000 3,300,000 3,300,000 3,300,000 3,300,000 3,300,000 3,300,000 3,300,000 3,300,000 1,150,000 1,645,000 Available Cash 1,822,095 1,881,351 792,809 216,534 690,706 1,798,974 1,112,751 -496,568 -927,087 -740,592 -415,256 2,337,223 5,269,504 8,396,086 *Estimated figures 8/11/2009 Public Improvement Planning Tool Page 2 Section I General Special Assessment Storm Drainage BBB Tax Public Improvement Sales/Use Tax E-911 Retail & Industrial Library Fines & Donations Swiftel Center Capital Project Total All Funds General Government Policy & Administration Mayor/Council 56,520 56,520 City Manager 162,996 162,996 Special Committees 7,315 7,315 City Clerk/Elections 244,537 244,537 City Attorney 70,100 70,100 Total Policy & Administration 541,468 - - - - - - - - - 541,468 Financial Administration Finance 420,132 420,132 Human Resources Management 194,461 194,461 Total Financial Administration 614,593 - - - - - - - - - 614,593 Other Buildings 184,414 184,414 Data Processing 132,537 132,537 Non-departmental 329,856 329,856 Contributions to Other 408,034 629,500 1,037,534 Total Other 1,054,841 - 629,500 - - - - - - - 1,684,341 Total General Government 2,210,902 - 629,500 - - - - - - - 2,840,402 Public Safety Police 2,602,364 2,602,364 Fire 1,201,123 1,201,123 E-911 660,500 660,500 Total Public Safety 3,803,487 - - - - 660,500 - - - - 4,463,987 Ordinance No Fiscal Year 2010 Appropriation Ordinance An Ordinance appropriating Monies to Fund the necessary expenditures and liabilities of the City of Brookings for the 2010 Fiscal Year and providing for the annual tax levy and annual tax for all funds. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BROOKINGS, BROOKINGS COUNTY, SOUTH DAKOTA THAT the following funds are appropriated to meet the obligations of the Municipality: AUGUST 25, 2009 2010 DRAFT ORDINANCE 1 Ordinance No Fiscal Year 2010 Appropriation Ordinance General Special Assessment Storm Drainage BBB Tax Public Improvement Sales/Use Tax E-911 Retail & Industrial Library Fines & Donations Swiftel Center Capital Project Total All Funds Public Works Community Development 370,251 370,251 Engineering 414,324 414,324 Streets 2,493,082 525,000 3,018,082 Street Maintenance Projects - SDSU Innovation Campus 2,694,000 2,694,000 Storm Drainage 1,193,215 1,193,215 Special Assessment Projects 610,000 610,000 Total Public Works 3,277,657 1,803,215 - - - - - - - 3,219,000 8,299,872 Health and Welfare Animal Control 92,017 92,017 Total Health and Welfare 92,017 - - - - - - - - - 92,017 Culture & Recreation Event Center - 2,291,334 2,291,334 Recreation 804,822 804,822 Parks 1,433,393 1,433,393 Forestry 379,126 379,126 Library 950,663 70,000 1,020,663 Historic Preservation 28,600 28,600 Boys & Girls Club Capital Improve 100,000 100,000 Total Culture & Recreation 3,596,604 - - 100,000 - - - 70,000 2,291,334 - 6,057,938 Conservation & Development Industrial Development 150,000 - 150,000 Promoting the City 56,000 56,000 Total Conservation & Development - 56,000 150,000 - - - - - - 206,000 AUGUST 25, 2009 2010 DRAFT ORDINANCE 2 Ordinance No Fiscal Year 2010 Appropriation Ordinance General Special Assessment Storm Drainage BBB Tax Public Improvement Sales/Use Tax E-911 Retail & Industrial Library Fines & Donations Swiftel Center Capital Project Total All Funds Debt Service Principle Payments 1,723,000 1,723,000 Interest Payments 619,434 619,434 Service Costs 1,200 1,200 Lease Payments - Total Debt Service - - - 2,343,634 - - - - - - 2,343,634 Total Appropriations 12,980,667 1,803,215 685,500 2,593,634 - 660,500 - 70,000 2,291,334 3,219,000 24,303,849 Transfers Out From General to Airport 215,000 215,000 From General to Swiftel Center 300,000 300,000 From General to Edgebrook 120,400 120,400 From General to Special Assessment 26,325 26,325 From Gen Fund to Innovation Campus 2,000,000 2,000,000 294,880 294,880 From Public Improvement to GF Capital 691,000 691,000 From Public Improvement to Innovation Campus 694,000 694,000 From Public Improv to Capital Project 1,251,000 1,251,000 From Public Improv to Edgebrook 170,000 170,000 From Sales & Use Tax to General Fund 910,374 910,374 From Sales & Use Tax to E-911 190,000 190,000 From BBB to I-29 Corridor 20,000 20,000 From BBB to Swiftel Center 14,378 14,378 Total Transfers Out 2,661,725 - 34,378 3,100,880 1,100,374 - - - - - 6,897,357 SPECIAL RESERVES - TOTAL APPROPRIATIONS & TRANSFERS 15,642,392 1,803,215 719,878 5,694,514 1,100,374 660,500 - 70,000 2,291,334 3,219,000 31,201,206 From Public Improvement to Airport AUGUST 25, 2009 2010 DRAFT ORDINANCE 3 Ordinance No Fiscal Year 2010 Appropriation Ordinance Section II The Following designates the application of funds derived from the sources indicated: Funding General Special Assessment Storm Drainage BBB Tax Public Improvement Sales/Use Tax E-911 Retail & Industrial Library Fines & Donations Swiftel Center Capital Projects Total All Funds 2008 Fund Balance 7,285,284 494,463 467,383 5,820,638 1,212,412 39,770 2,785,635 131,982 (81,795) 1,103,407 19,259,179 Estimate Fund Bal-12/31/09 7,251,551 376,011 453,694 6,059,211 794,831 10,321 2,670,905 43,982 (81,795) 325,648 17,904,359 - Taxes 7,704,434 630,000 3,600,000 1,200,000 13,134,434 Special Assessments - 90,000 90,000 Licenses & Permits 252,900 252,900 Fees 523,646 Intergovernmental 467,500 467,500 Rental Income 66,858 - 66,858 Charges for Goods & Services 46,000 46,000 Sale of Fixed Assets 35,700 - 35,700 Miscellaneous 340,680 42,000 10,000 3,000 6,308 2,000 1,326,956 1,730,944 Grants/Donations 94,500 30,800 30,000 424,000 579,300 Fines & Forfeitures 69,000 30,000 99,000 Total Revenues 9,133,718 90,000 630,000 3,672,800 1,210,000 470,500 6,308 62,000 1,326,956 424,000 16,502,636 Transfers In From General Fund 26,325 300,000 2,000,000 2,326,325 From BBB 14,378 14,378 From Utility 1,892,000 50,000 1,942,000 From Liquor 500,000 500,000 From Landfill 440,000 440,000 From Sales/Use 910,674 190,000 1,100,674 Frm Public Improve-Capital Proj 691,000 500,000 650,000 795,000 2,636,000 From Research & Technology 75,000 75,000 Total Transfers In 4,508,674 526,325 50,000 - - 190,000 - - 964,378 2,795,000 9,034,377 Debt Proceeds from Debt 3,720,738 Total Debt Service 3,720,738 Total Means of Finance 15,642,392 1,803,215 719,878 5,694,514 1,100,374 660,500 - 70,000 2,291,334 3,219,000 31,201,206 Fund Balance Retained 5,251,551 2,909,859 413,816 4,037,497 904,457 10,321 2,677,213 35,982 (81,795) 325,648 12,240,166 AUGUST 25, 2009 2010 DRAFT ORDINANCE 4 Ordinance No Fiscal Year 2010 Appropriation Ordinance Section III Liquor Edgebrook Airport Solid Waste Solid Waste R & T I-29 TOTAL ENTERPRISE FUNDS Store Golf Collections Disposal Center Corridor 2008 Net Assets 1,418,257 - 3,659,039 715,134 5,525,161 1,840,481 18,600 13,176,672 Estimated Retained Earnings 12/31/09 227,546 2,787 (142,752) (151,320) 395,881 1,956 64,750 398,848 Net Sales 1,359,600 333,300 13,000 985,500 1,945,000 4,636,400 Charges for Services - - Rental Income - 9,600 30,000 6,400 200,000 246,000 Interest Income - 1,000 50,000 600 51,600 Miscellaneous Income - 19,400 - 63,750 83,150 Grants/Loans 196,690 196,690 Transfer in from BBB Fund 20,000 20,000 Transfer in from Public Improv 170,000 294,880 464,880 Transfer in from General Fund 120,400 215,000 335,400 Total Means of Finance for 2009 1,587,146 636,087 626,218 835,180 2,397,281 202,556 148,500 6,432,968 Personal Services 404,539 224,868 160,703 403,842 458,709 1,652,661 Operating Expenditures 252,800 179,970 107,994 555,552 735,786 48,951 167,100 2,048,153 Operating Transfer Out - Capital Purchases/Projects 12,500 227,462 451,811 240,000 1,550,000 34,000 2,515,773 Total Expenses Before Transfer 669,839 632,300 720,508 1,199,394 2,744,495 82,951 167,100 6,216,587 Transfer to General Fund 500,000 440,000 75,000 2,030,000 Total Transfer Outs 500,000 - - - 440,000 75,000 - 10,762,360 Total Expenses & Transfers Out 1,169,839 632,300 720,508 1,199,394 3,184,495 157,951 167,100 19,008,947 Estimated Ending Net Assets 2010 1,835,564 3,787 3,564,749 350,920 4,737,947 1,885,086 - 600,693 Section IV Section V The following Budget and Means of Finance for the Enterprise Funds of the City of Brookings are hereby approved and shall be in full force and effect from and after its passage and publication. Out of the estimated $1,892,000 received from the operation of the Municipal Utilities Department, $207,200 will be transferred to the School District and the remaining $1,684,800 shall remain in the general fund The City Manager is hereby directed to certify the following amount of property tax levy made in this Ordinance to the County Finance Officer of Brookings County, in the manner provided for by law. The property tax levy is $2,352,000 AUGUST 25, 2009 2010 DRAFT ORDINANCE 5 Ordinance No Fiscal Year 2010 Appropriation Ordinance Section VI The City Manager is hereby directed to administer the 2010 Budget in accordance with Established Policies, Ordinances, the City Charter, and State Law Section VII First Reading: September 8, 2009 Second Reading: September 22, 2009 Approved and Adopted: September 22, 2009 Published: September 25, 2009 Attest: Shari Thornes, City Clerk Tim Reed, Mayor This Ordinance is declared to be for the support of the City Government and its existing public institutions and shall be in full force and effect from and after its passage and publication. AUGUST 25, 2009 2010 DRAFT ORDINANCE 6 City Council Packet August 25, 2009 17 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. 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. Motion to approve, request public comment, roll call * Matters appearing on the Consent Agenda are expected to be non-controversial and will be acted upon by the Council at one time, without discussion, unless a member of the Council or City Manager requests an opportunity to address any given item. Items removed from the Consent Agenda will be discussed at the beginning of the formal items. Approval by the Council of the Consent Agenda items means that the recommendation of the City Manager is approved along with the terms and conditions described in the agenda supporting documentation. Presentations, Special Requests/Invites & Reports: 5. Open Forum. 6. SDSU Student Senate Report. Ordinances – 1st Readings ** 7. Ordinance No. 19-09: An Ordinance Clarifying Open Burning and Creating Requirements for Recreational Fires in the City of Brookings, South Dakota. Public Hearing – September 8th 8. Ordinance No. 20-09: An ordinance pertaining to an application for a Conditional Use for a church in the Business B-2 District. Public Hearing – September 8th ** No vote is taken on the first reading of ordinances. The title of the ordinance is read and the date for the public hearing is announced. Second Readings/Public Hearings 9. Ordinance No. 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. Action: Motion to approve, Request Public Comment, Roll Call 10. Action on an amendment to the R&T Center lease agreement between the City of Brookings and Biogenetics. Action: Motion to approve, Request Public Comment, Roll Call 11. Executive Session for purposes of consulting with legal counsel about contractual matters. Action: Motion to enter session – Voice Vote Motion to leave executive session – Voice Vote 12. Adjourn. City Council Packet August 25, 2009 18 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. Council Invites & Obligations August 25th Council Meeting 4:00 p.m. Budget Hearings 6:00 p.m. Regular Meeting Council Chambers September 4 Innovation Campus Dedication 1:00 p.m. 2391 Research Park Way Sept. 8th Council Meeting 5 & 6 p.m. Council Chambers September 16 & 17 2nd Annual Rural Development Institute – Exchanging Ideas, Connecting for Progress Noon to noon Holiday Inn Express Fort Pierre 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 City Council Packet August 25, 2009 19 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. 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 City Council Packet August 25, 2009 20 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 introduction of topics for future discussion*. *Any Council member may request discussion of any issue at a future meeting only. Items can not be added for action at this meeting. A motion and second is required starting the issue, requested outcome, and time. A majority vote is required. City Council Packet August 25, 2009 21 Brookings City Council Tuesday, August 25, 2009 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. Motion to approve, request public comment, roll call * Matters appearing on the Consent Agenda are expected to be non-controversial and will be acted upon by the Council at one time, without discussion, unless a member of the Council or City Manager requests an opportunity to address any given item. Items removed from the Consent Agenda will be discussed at the beginning of the formal items. Approval by the Council of the Consent Agenda items means that the recommendation of the City Manager is approved along with the terms and conditions described in the agenda supporting documentation. Presentations, Special Requests/Invites & Reports: 5. Open Forum. 6. SDSU Student Senate Report. Ordinances – 1st Readings ** 7. Ordinance No. 19-09: An Ordinance Clarifying Open Burning and Creating Requirements for Recreational Fires in the City of Brookings, South Dakota. Public Hearing – September 8th 8. Ordinance No. 20-09: An ordinance pertaining to an application for a Conditional Use for a church in the Business B-2 District. Public Hearing – September 8th ** No vote is taken on the first reading of ordinances. The title of the ordinance is read and the date for the public hearing is announced. Second Readings/Public Hearings 9. Ordinance No. 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. Action: Motion to approve, Request Public Comment, Roll Call 10. Action on an amendment to the R&T Center lease agreement between the City of Brookings and Biogenetics. Action: Motion to approve, Request Public Comment, Roll Call 11. Executive Session for purposes of consulting with legal counsel about contractual matters. Action: Motion to enter session – Voice Vote Motion to leave executive session – Voice Vote 12. Adjourn. City Council Packet August 25, 2009 22 CONSENT AGENDA #4 4. Action to approve the following Consent Agenda Items * A. Action to approve the agenda. * Matters appearing on the Consent Agenda are expected to be non-controversial and will be acted upon by the Council at one time, without discussion, unless a member of the Council or City Manager requests an opportunity to address any given item. Items removed from the Consent Agenda will be discussed at the beginning of the formal items. Approval by the Council of the Consent Agenda items means that the recommendation of the City Manager is approved along with the terms and conditions described in the agenda supporting documentation. Action: Motion to approve, request public comment, roll call City Manager Recommendation: Approve City Council Packet August 25, 2009 23 Presentations/Reports/Special Requests: 5. INVITATION FOR A CITIZEN TO SCHEDULE TIME ON THE COUNCIL AGENDA FOR AN ISSUE NOT LISTED. At this time, any member of the public may request time on the agenda for an item not listed. Items are typically scheduled for the end of the meeting; however, very brief announcements or invitations will be allowed at this time. 6. SDSU STUDENT SENATE REPORT. City Council Packet August 25, 2009 24 Ordinances – 1st Readings** 7. Ordinance No. 19-09: An Ordinance Clarifying Open Burning and Creating Requirements for Recreational Fires in the City of Brookings, South Dakota. Public Hearing – September 8th ** 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. Staff Report. The Brookings Fire Department has worked to clarify the act of open burning in the city while allowing and creating safety guidelines for recreational fires. Over the past few years a noticeable trend is occurring in Brookings as well as other municipalities around the country. Many residents are enjoying time sitting around a backyard fire pit. The city currently has an ordinance that addresses open burning. This ordinance reads as follows: Sec. 34-5. Open burning. It shall be unlawful to burn in any open or exterior space any garbage, refuse, leaves, wood or other matter within the city. Literal enforcement of this ordinance would not allow fire pits or outdoor fireplaces in the City of Brookings. Current enforcement practices often create selective enforcement based on the enforcing individual’s interpretation of open or exterior space. This ordinance would still restrict the open burning of refuse and similar materials while allowing recreational fires and promulgating subsequent safety requirements and enforcement authority. These requirements are based on other municipal regulations, most noticeably Victoria, Minnesota and Iowa City, Iowa and the Uniform Fire Code. Proposal: To clarify the act of open burning in the city while allowing and creating safety guidelines for recreational fires. Background: Over the past few years a noticeable trend is occurring in Brookings as well as other municipalities around the country. Many residents are enjoying time sitting around a backyard fire pit. The city currently has an ordinance that addresses open burning. This ordinance reads as follows: Sec. 34-5. Open burning. It shall be unlawful to burn in any open or exterior space any garbage, refuse, leaves, wood or other matter within the city. Literal enforcement of this ordinance would not allow fire pits or outdoor fireplaces in the City of Brookings. Current enforcement practices often create selective enforcement based on the enforcing individual’s interpretation of open or exterior space. City Council Packet August 25, 2009 25 Specifics: This ordinance would still restrict the open burning of refuse and similar materials while allowing recreational fires and promulgating subsequent safety requirements and enforcement authority. These requirements are based on other municipal regulations, most noticeably Victoria, Minnesota and Iowa City, Iowa and the Uniform Fire Code. City Council Packet August 25, 2009 26 ORDINANCE NO. 19-09 AN ORDINANCE CLARIFYING OPEN BURNING AND CREATING REQUIREMENTS FOR RECREATIONAL FIRES 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. 34-5. Open burning. It shall be unlawful to burn in any open or exterior space any garbage, refuse, leaves, wood, pallets, shingles, cardboard, paper or other matter similar material within the city. Recreational fires are permitted under the following conditions. Sec. 34-6. Fire Pit. A fire pit includes both a belowground pit and a portable device intended to contain and control outdoor wood fires. All belowground fire pits shall be at least four inches in depth and shall be surrounded on the outside, above ground, by a noncombustible material such as steel, brick, or masonry. Portable fire pits, constructed of steel, brick, or masonry, may be used in accordance with the manufacturer’s specifications and these regulations. Sec. 34-7. Container Capacity. The fuel load capacity of the container cannot exceed three feet in diameter or two feet in height. Sec. 34-8. Fire Pit Location. All belowground fire pits must be located a minimum of twenty-five (25) feet away from any structures or combustibles, such as houses, garages, sheds, decks, wood piles and wooden fences. Manufactured freestanding fire pits must be located a minimum of ten (10) feet away from any structures or combustibles, such as houses, garages, sheds, decks, woodpiles and wooden fences. Sec. 34-9. Fuel Type. Only natural firewood or commercial logs may be burned. Burning of lumber, pallets, scrap wood, tree trimmings, leaves, yard waste, paper, cardboard, garbage and similar items is not permitted. Liquid accelerants shall not be used. Sec. 34-10. Attendance. The fire must be constantly attended and supervised by an adult until the fire has been completely extinguished. City Council Packet August 25, 2009 27 Sec. 34-11. Fire-Extinguishing Equipment. A portable fire extinguisher or other approved extinguishing equipment, such as a garden hose, sand, or dirt, must be readily available. Sec. 34-12. Discontinuance. Recreational burning that is offensive or objectionable because of smoke or odor emissions or when atmospheric conditions or local circumstances similar to high wind and drought conditions make such fires hazardous shall be prohibited. Police and Fire Department officers are authorized to require that a recreational fire be immediately extinguished and discontinued if it is determined that the fire is not in compliance with the above rules, the smoke is offensive to nearby neighbors, or the burning is determined to constitute a hazardous condition. Sec. 34-13. Municipal Exemptions Recreational campfires at approved municipal park campgrounds are exempt from the requirements of Section 34-6, provided such campfires are kindled in and confined to fire rings provided for such purpose. This exemption does not apply to any other regulation governing recreational fires. Any additional requests for an open fire shall require an Open Burning Permit. First Reading: August 25, 2009 Second Reading: Published: CITY OF BROOKINGS Tim Reed, Mayor ATTEST: Shari Thornes, City Clerk City Council Packet August 25, 2009 28 Open Burning Permit for Events City of Brookings, South Dakota Return to completed application to: Brookings City Clerk -- 311 Third Avenue, PO Box 270 -- Brookings, SD 57006 605-692-6281 -- sthornes@cityofbrookings.org To the City of Brookings, South Dakota, the undersigned hereby makes application for an open burning permit: For the period of _____________ to __________ on _____________________, 20______ and states: hour hour day or days 1. Name of Applicant: Address: Phone: Representing: (group or organization) Applicant and/or Group or Organization EMERGENCY Contact Numbers Contact Numbers During Event – minimum of two (2) * required Name Telephone Cell Phone 1. 2. 3. 2. Description of activity to be carried on under this permit: 3. Approximate number to participate in activity: 4. Age of any minors who may participate and the name of the person responsible for them: 5. Applicant has notified adjacent property owners (i.e. businesses, neighbors)? __Yes _____No (Notification is required prior to City approval) 6. Are barricades needed? Yes ** _____ No ** If yes, please contact Brookings Street Department @ 692-2016 to make arrangements. 7. Applicant is required to sign a “Release, Hold Harmless and Indemnification Agreement.” An insurance certificate showing evidence of liability coverage may be required if minors will be attending, if a main city though-fare will be closed (such as 6th St., Main St., Medary Ave., etc.), or as determined by City Risk Management. City Council Packet August 25, 2009 29 8. BY APPROVAL OF THIS PERMIT, THE CITY OF BROOKINGS ASSUMES NO LIABILITY FOR ANY DAMAGES OR INJURIES SUFFERED BY PARTICIPANTS IN THE ACTIVITY DESCRIBED ABOVE. I have read and fully understand the attached rules and regulations applying to the approval of this permit. Dated: By: INTERNAL USE ONLY Reviewed & Approved By: (all signatures required) Fire Dept: Date: Police Dept: Date: Park, Rec. & Forestry: Date: Street Dept: Date: Risk Management: Date: Insurance Certificate Required? ____Yes ____ No City Clerk: City Manager: Date _____________ Other Restrictions imposed by City: _______________________________________________________ Send Original to Applicant □ Filed with City Clerk □ Email Signed copies to: Fire □ Police □ Park, Rec. & Forestry □ Street □ Human Resources □ BY APPROVAL OF THIS PERMIT, THE CITY OF BROOKINGS ASSUMES NO LIABILITY FOR ANY DAMAGES OR INJURIES SUFFERED BY PARTICIPANTS IN THE ACTIVITY DESCRIBED ABOVE. City Council Packet August 25, 2009 30 Rules & Regulations for Street & Alley Closures Brookings, SD The following rules and regulations for the safety of everyone must be strictly adhered to: Fire and Police Department Rules 1. Barricades must be easily removable. 2. An unobstructed ten-foot (10’) lane running in a straight line must remain available at all times. 3. There must be an unobstructed access to buildings with the closure area. 4. All hydrants are to be kept free from any obstruction. 5. No platforms, bandstands, booths, etc. are allowed that cannot be dismantled or moved instantly. 6. No interference or hazing will be tolerated by anyone in the area to any Fire and Police Department personnel in performance of their duties. 7. There must be no interference with the free flow of Fire and Police Department vehicles. Street Department Rules 1. There shall not be allowed any activity that will cause damage to the street surface, curbs and gutter, sidewalks, or other public and private property within the rights-of-way. 2. There shall not be deposited any material on the streets which will cause damage to the street surface, curbs and gutters, sidewalks, or any other public and private property within the rights- of-way. 3. The applicant shall be responsible for the removal of any and all debris left within the rights-of- way. 4. When a road section is closed to traffic, barricades must be erected at the points of closure. They may extend completely across a roadway and its shoulders or from curb to curb. Since provision must be made to access of equipment and authorized vehicles, the barricades should be movable but discourage public entry. Where access is provided through the barricades, responsibility should be assigned to a person to assure proper closure. 5. All signs or barricades intended to be used during hours of darkness shall be reflective or illuminated. Noise Ordinance Sec. 58-165. Loud and raucous noise. (a) Prohibited generally. It shall be unlawful for any person to willfully make or cause or allow to be made or allow to be continued any loud and raucous noise. For purposes of this subsection (a), the term "loud and raucous noise" shall mean any sound that, because of its volume level, duration and character, annoys, disturbs, injures or endangers the comfort, health, peace or safety of reasonable persons of ordinary sensibilities within the limits of the city. Quieter standards are expected during nighttime hours. The term includes the kinds of noise generated by the activities enumerated in subsection (c) of this section, except as provided in subsection (d) of this section. The term shall be limited to loud and raucous noise heard in any occupied residential unit which is not the source of the noise or upon the yard or driveway of such occupied residential unit, upon the public sidewalks and streets, school or public building or upon the grounds thereof while in use, upon any parking lot open to members of the public as invitees or licensees, and in any event from a location not less than 50 feet from the source of the noise, measured in a straight line from the radio, loudspeaker, voice or other noise source. City Council Packet August 25, 2009 31 (b) Prohibited noise resulting from a gathering of people. No person in possession and present in any premises shall make or cause or allow to be made or allow to be continued any loud and raucous noise resulting from a gathering of people. For purposes of this subsection (b), the term "loud and raucous noise" resulting from a gathering of people shall mean any sound that, because of its volume level, duration and character, annoys, disturbs, injures or endangers the comfort, health, peace or safety of reasonable persons of ordinary sensibilities within the limits of the city. Quieter standards are expected during nighttime hours. The term includes the kinds of noise generated by the activities enumerated in subsection (c) of this section, except as provided in subsection (d) of this section. The term shall be limited to loud and raucous noise heard in any occupied residential unit which is not the source of the noise or upon the yard or driveway of such occupied residential unit, upon the public sidewalks and streets, in any public park, in any school or public building or upon the grounds thereof while in use, upon any parking lot open to members of the public as invitees or licensees, and in any event from a location not less than 50 feet from the source of the noise, measured in a straight line from the radio, loudspeaker, voice or other noise source. (c) Enumeration. The following acts, subject to the exceptions provided in subsection (d) of this section, are declared to be public nuisances in violation of subsections (a) and (b) of this section, namely: (1) Radios, amplifiers, phonographs, and other devices for producing or reproducing sound. The using, operating or permitting to be played, used or operated any radio, amplifier, musical instrument, tape player, compact disc, compact tape or phonograph or other device for the producing or reproducing of sound in such manner as to cause loud and raucous noise. (2) Yelling, shouting, and prolonged sounds by people. Yelling, shouting, whistling or singing, or any prolonged sounds made by people at any time or place so as to create a loud and raucous noise between the hours of 9:00 p.m. and 7:00 a.m. on any day of the week. (d) Exceptions. The term "loud and raucous noise" does not include noise or sound generated by the following: (1) Cries for emergency assistance and warning calls. (2) Radios, sirens, horns and bells on police, fire and other emergency response vehicles. (3) Activities on or in municipal and school athletic facilities and on or in publicly owned property and facilities, provided that such activities have been authorized by the owner of such property or facilities or its agent. (4) Fire alarms and security alarms, prior to the giving of notice and a reasonable opportunity for the owner or tenant in possession of the premises served by any such alarm to turn off the alarm. (e) Construction; severability. It is the intent of the city council that this section be construed to secure for the people freedom from unwanted loud and raucous noise as described in this section without violating any of the rights secured by the Constitution to the people. If any provision of this section should ever be determined invalid for any reason, it is the intent of the city council that the remaining provisions continue in effect to the extent that they can be enforced notwithstanding such determination, and, therefore, this section is declared severable. (Code 1996, § 25-29) State law references: Unreasonable noise, SDCL 22-13-1. City Council Packet August 25, 2009 32 Release, Hold Harmless and Indemnification Agreement City of Brookings, South Dakota I, agree to release, hold harmless and indemnify (User of City building or facilities (the “Premises”)) the City of Brookings and its officers, officials, employees, agents and volunteers, from and against all claims, damages, losses and expenses, including, but not limited to, attorneys’ fees, arising out of or resulting from the (i) the conduct or use of the Premises by the undersigned or the undersigned’s organization or group, (ii) any act, omission, or negligence of the undersigned or the undersigned’s organization or group, or the partners, directors, officers, agents, employees and other users and invitees of the undersigned or the undersigned’s organization or group, and (iii) any accident, injury or damage whatsoever occurring in or at the Premises while the undersigned or the undersigned’s organization or group is using the facilities. In addition, agrees to hold the City of Brookings (User of City building or facilities (the “Premises”)) and its officers, officials, employees, agents and volunteers harmless from any and all claims arising out of or resulting from the furnishing of alcohol within the premises. The undersigned acknowledges that the undersigned’s organization is the “host” of the event located upon the premises; in complete control of the details of the event, and agrees to follow all laws with respect to service of alcohol at said event and that in no event shall the City of Brookings and its officers, officials, employees, agents and volunteers be liable to any of the undersigned’s guests, or to third - parties not attending the event arising out of the service of alcohol by the undersigned’s organization upon the premises. Such waiver shall apply, without limitation, to any and all claims for common law negligence as well as any and all claims brought under any other law or theory of recovery. Accordingly, the undersigned and the undersigned’s organization releases and agrees to indemnify the city and its officers, officials, employees, agents, and volunteers from any and all claims and liability. The undersigned shall maintain occurrence based commercial general liability insurance or equivalent form with a limit of not less than $1,000,000.00 for each occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two City Council Packet August 25, 2009 33 times the occurrence limit. Such insurance shall add the City of Brookings and its officers, officials, employees, agents and volunteers as additional insureds. The undersigned shall also maintain business automobile liability insurance with a limit of not less than each accident. Such insurance shall include coverage for owned, hired and non-owned vehicles. If alcoholic beverages are consumed or sold, the undersigned’s organization shall procure and maintain for the duration of the agreement Liquor Liability Insurance in the amount of $1,000,000.00 each occurrence. The City shall be named as an additional insured on the Liquor Liability Insurance policy. Host liquor liability coverage may be substituted when alcohol is consumed and not sold on the Premises, with the prior written approval of the City. Dated this day of , 20 . Witness By: Its: City Council Packet August 25, 2009 34 Ordinances – 1st Readings** 8. Ordinance No. 20-09: An ordinance pertaining to an application for a Conditional Use for a church in the Business B-2 District. Public Hearing – September 8th ** 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. Applicant: First United Methodist Church Proposal: Expand an existing church campus by adding a Community Life Center Background: First United Methodist Church built their church on the corner of 5th Street and 7th Avenue in 1904. In 1964, they constructed an education wing on the west side of the church. The church continued to grow, and around 2000, a master expansion plan was developed. The church subsequently acquired additional land to the north. In 2006 and 2007, three (3) houses north of the alley were moved off the site. In March 2008, the church received a variance to build 8.2 feet from the 7th Avenue right-of- way. This would allow a new building to be constructed in-line with the original church. Specifics: The Community Life Center would be constructed at the corner of 6th Street and 7th Avenue. An existing parking lot to the west would serve this facility and the church. The Community Life Center would be a two-story structure. It would contain a large activity room, a preschool, food pantry, office, and a kitchen. The center would be linked to the church by a courtyard style open area. The alley that bisects the campus would remain a public right-of-way at this time. The conditional use standards for this use are as follows: Sec. 94-264. Church: This use shall be located on a collector or arterial street. The parking area shall be designed to have a minimal impact on surrounding residential properties. Recommendation: The Planning Commission voted 7 yes and 0 no to recommend approval of this conditional use City Council Packet August 25, 2009 35 Ordinance No. 20-09 An ordinance pertaining to an application for a Conditional Use for a church in the Business B-2 District. Be it ordained by the governing body of the City of Brookings, South Dakota that said Conditional Use shall be approved for a church on lots 1-4, Block 11, Second Addition with the following conditions: None All sections and ordinances in conflict herewith are hereby repealed. FIRST READING: August 25, 2009 SECOND READING: PUBLISHED: CITY OF BROOKINGS __________________________ Tim Reed, Mayor ATTEST: ________________________________ Shari Thornes, City Clerk First United Methodist Church Community Life Center - Pedestrian View from North Community Life Center - Pedestrian View from South First United Methodist Church First United Methodist Church Community Life Center - Aerial View from Northeast First United Methodist Church Community Life Center - Aerial View from Northwest City Council Packet August 25, 2009 46 Planning Commission Brookings, South Dakota August 4, 2009 OFFICIAL MINUTES Chairperson David Kurtz called the regular meeting of the City Planning Commission to order on August 4, 2009 at 7:00 PM in the Council Chamber at City Hall. Members present were Alan Gregg, John Gustafson, Al Heuton, Greg Fargen, Mike Cameron, Stacey Howlett, and Kurtz. Larry Fjeldos and Wayne Avery were absent. Also present were Beth Niemeyer, Kylan Block, Beverly Dobbs, Jim Pederson, Johnny Nelson, Brian Gatzke, Lynda Pierce, City Manager Jeff Weldon, City Engineer Jackie Lanning, Community Development Director Mike Struck, Planning and Zoning Administrator Dan Hanson and others. Item #4 – First United Methodist Church has submitted an application for a Conditional Use to establish a church on Lots 1 – 4, Block 11, Second Addition. (Fargen/Heuton) Motion to approve the Conditional Use. All present voted aye. MOTION CARRIED. SUMMARY OF DISCUSSION Item #4 – Beth Niemeyer, a member of the First United Methodist Church Building Committee, stated the church expansion involved a community life center. Kylan Block, an architect for RDG Planning and Design, said the design would be sympathetic to the neighborhood and would fit into the surrounding area. Heuton asked if other uses would be in the center. Niemeyer replied that the Head Start program and Harvest Table would be housed there too. Kurtz asked if there were plans to vacate the alley. Niemeyer responded no. Cameron inquired about the on-premise parking. Hanson commented that a minor parking variance had been granted by the Board of Adjustment. Kurtz felt the use would be appropriate for the area, and the church’s outreach activities were an asset to the community. City Council Packet August 25, 2009 47 Section 94-132. Business B-2 district (a) Intent. This district is intended to provide a moderate variety of retail and personal services. This district will include commercial uses whose retail operation and outdoor display of retail merchandise will be compatible with residential neighborhoods. No unscreened outdoor storage is permitted. (b) Scope of section regulations. The regulations set forth in this section or set forth elsewhere in this title, when referred to in this section, are the district regulations of the Business B-2 District. (c) Permitted Uses. Permitted uses in the B-2 district are as follows: 1. All permitted uses in the B-1 central ; 2. Grocery supermarket; 3. Drive-in food service; 4. Funeral home or mortuary; 5. Gas dispensing station; 6. Automobile sales; 7. Community Center. (d) Permitted Special Uses. A building or premises in the B-2 district may be used for the following purposes in conformance with the conditions prescribed in this subsection: 1. Car wash a. The entire operation shall be within an enclosed structure. b. Drainage shall be contained on the site. 2. Day care facility a. A four-foot (4') high transparent fence shall be constructed between the play area and the street. b. An off-street pick-up and drop-off area shall be provided. 3. Seasonal roadside stand a. The applicant shall furnish a written statement of permission from the property owner. 4. Mixed business/residential use a. Provisions of Section 50.70.000, Nonconforming and Nonstandard Uses shall govern all residential uses. b. A site plan showing off-street parking for each use shall be submitted. 5. Citizen's drop-off for recyclables a. Applicants shall furnish a statement guaranteeing supervision, maintenance and clean-up of the site. (e) Conditional Uses. Conditional uses in the B-2 district are as follows: 1. Wholesale trade 2. Automobile service station 3. Repair garage 4. Assembling and packaging 5. Freight handling 6. Manufacturing, light City Council Packet August 25, 2009 48 7. Domestic abuse shelter 8. Apartment 9. Small animal clinic (Ord 2-96, 1/23/96) 10. Church (Ord 8-96, 5/28/96) (f) Density, area, yard and height regulations. The density, area, yard and height regulations in the B-2 district shall be as follows: Min. Min. Min. Min. Min. Max. Lot Lot Front Side Rear Height Density Area Width Yard Yard Yard Sq.Ft. Sq.Ft. Commercial Uses 15,000 100' 25' -* 20'* 45' Other Allowable Uses 15,000 100' 25' 7'** 20' 45' *A forty foot (40') landscaped area shall be required between an abutting residential district boundary line and any structure, access drive, parking lot or other accessory use. **The sideyard will be required to be increased to ten feet (10') when the building is three (3) or more stories in height. (g) Accessory Uses. Accessory uses and building permitted in the B-2 District are buildings and uses customarily incidental to any of the permitted uses in the B-2 district. (h) Parking Regulations. Parking, loading and stacking within the B-2 District shall be in conformance with the regulations set forth in division 4 of article VI of this chapter. (i) Sign Regulations. Signs within the B-2 District shall be in conformance with the regulations set forth in division 5 of article VI of this section. (j) Other Regulations. Development within the B-2 District shall be in conformance with the regulations set forth in article II of this chapter. City Council Packet August 25, 2009 49 Second Readings / Public Hearings 9. 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. 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. Action: Motion to Approve, Request Public Comment, Roll Call City Manager Recommendation: Approve City Council Packet August 25, 2009 50 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: August 11, 2009 SECOND READING: August 25, 2009 PUBLISHED: August 28, 2009 CITY OF BROOKINGS, SOUTH DAKOTA ATTEST: Tim Reed, Mayor Shari L. Thornes, City Clerk City Council Packet August 25, 2009 51 Second Readings / Public Hearings 10. Action on an amendment to the R&T Center Lease Agreement between the City of Brookings and Biogenetics. Attached in the packet is a letter from the owner of Biogenetic Services, Inc., one of our tenants in the R& T Center. The owner is requesting a modification to the new lease to continue the rental rate which expired June 30 through the end of the year. The reason for this is the economy. The new leases approved by the council, which went into effect for all tenants, went to $10 per square foot on July 1. Other tenants are paying this amount. The request is to maintain rent at $8.75 per square foot until year-end. The tenant has not paid rent, or any portion thereof, for June, July, and August. The lease provides for late penalties which are also being accrued. Your options are: 1) Agree to the request. 2) Deny the request. The response by the tenant would be either to pay the new amount or vacate the property. 3) Agree to the request but have the difference phased-in by having it added to subsequent months in 2010. This would allow the tenant some relief until the end of the year but would “re-pay” that amount through a temporary surcharge on future month’s rent for a determinate number of months. This option would preserve fairness with other tenants. Mr. Kahler has been invited to attend the meeting. Action: Motion to Approve, Request Public Comment, Roll Call City Manager Recommendation: Option #3, providing Mr. Kahler agrees. If not, I recommend Option #2. City Council Packet August 25, 2009 55 Executive Session 11. Executive Session for purposes of consulting with legal counsel about contractual matters. SDCL 1-25-2. Executive or closed meetings. Executive or closed meetings may be held for the sole purpose of: 1. Discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term “employee” does not include any independent contractors; 2. Discussing the expulsion, suspension, discipline, assignment of or the educational program of a student; 3. Consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters; 4. Discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, where public discussions would be harmful to the competitive position of the business. However, any official action concerning such matters shall be made at an open official meeting. An executive or closed meeting shall be held only upon a majority vote of the members of such body present and voting, and discussion during the closed meeting is restricted to the purpose specified in the closure motion. Nothing in 1-25-1 or this section may be construed to prevent an executive or closed meeting if the federal or state Constitution or the federal or state statutes require or permit it. A violation of this section is a Class 2 misdemeanor. Action: Motion to enter executive session – Voice Vote Motion to leave executive session – Voice Vote City Council Packet August 25, 2009 56 12. Adjourn.