HomeMy WebLinkAbout2009_10_27 CC PKTCity Council Packet
October 27, 2009
Brookings City Council
Tuesday, October 27, 2009
City Hall Council Chambers
311 Third Avenue
5:00 p.m. – Work Session
6:00 p.m. – Regular Meeting
Mission Statement
The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse economic base through innovative thinking,
strategic planning, and proactive, fiscally responsible municipal management.
5:00 P.M. 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. Update from Matt Astleford, Staff, Senator Tim Johnson’s Office.
2. Availability of additional Liquor Licenses per current census estimates.
3. Neighborhood request for parking ordinance amendment eliminating residential on-street
parking from 2:00 a.m. to 6:00 a.m. year-round.
4. 6:00 p.m. Meeting Review.
5. Council Invites & Obligations.
6. City Council Member Ex-Officio Reports.
7. City Council member introduction of topics for future discussion. *
*Any Council member may request discussion of any issue at a future meeting only. Items can not be added for action at this meeting. A motion and second is
required starting the issue, requested outcome, and time. A majority vote is required.
6:00 P.M. REGULAR MEETING
1. Call to order.
2. Pledge of Allegiance.
3. Record of Council attendance.
4. Action to approve the following Consent Agenda Items *
A. Action to approve the agenda.
B. Action to approve minutes.
C. Action to approve Phase 2 of the Safe Routes to School Agreement between South
Dakota Department of Transportation, the City of Brookings, and the Brookings School
District.
D. Action on Resolution No. 99-09, A Resolution Directing Preparation of Assessment
Roll, Dividing Assessments Into Installments, and Providing For The Collection Thereof
For Alley Assessment Project 2008-04STA (Alley from 7th Avenue to 8th Avenue
between 6th Street and 7th Street).
E. Action on Resolution No. 100-09, A Resolution Amending a Funding Agreement for
Bike Trail Project POENH(147) PCN 00C2 & EM 8006(49) PCN 010A.
F. Action on Resolution No. 101-09, A Resolution Authorizing Final Change Order
(CCO#3 Final) for 2008-02STA 15th Street South, Camelot Drive and Christine Avenue
Street Assessment Project (Winter Brothers Underground, Inc.).
G. Action on Resolution No. 102-09, A Resolution Authorizing Change Order (CCO#1)
for 2008-123 Sieler Addition Street Project (Clark Drew Construction, Inc.).
H. Action on Resolution No. 103-09, A Resolution Authorizing Final Change Order
(CCO#2 Final) for 2008-123 Sieler Addition Street Project (Clark Drew Construction,
Inc.).
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October 27, 2009
I. Action on Resolution No. 104-09, A Resolution Authorizing Change Order (CCO#2)
for 2008-09STI Rio Grande, Napa Valley and Cumberland Court Project (Rounds
Construction).
J. Action on Resolution No. 105-09, A Resolution Authorizing Change Order (CCO#3)
for 2008-09STI Rio Grande, Napa Valley and Cumberland Court Project (Rounds
Construction).
K. Action on Resolution No. 106-09, A Resolution Authorizing Change Order (CCO#4)
for 2008-09STI Rio Grande, Napa Valley and Cumberland Court Project (Rounds
Construction).
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. Recognition of local nominees for the 2010 Governor’s Awards for Employment of People
who have Disabilities.
6. Open Forum.
7. SDSU Student Senate Report.
Ordinances – 1st Readings **
8. Ordinance No. 27-09: Budget Amendment #2, an Ordinance Authorizing a Supplemental
Appropriation to the 2009 Budget for the Purpose of Providing for Additional Funds for the
Operation of the City.
Public Hearing: November 17th
9. Ordinance No. 28-09: An ordinance amending the zoning ordinance of the City of
Brookings and pertaining to off-street parking requirements for a two-family dwelling for the
purposes of administration of the zoning ordinance.
Public Hearing: November 17th
10. Ordinance No. 29-09: An ordinance amending the zoning ordinance of the City of
Brookings and pertaining to Emergency Services as a permitted use in certain business and
industrial districts for the purposes of administration of the zoning ordinance.
Public Hearing: November 17th
** 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
11. Ordinance No. 25-09: An Ordinance Amending Article V. of Chapter 2 of the Code of
Ordinances of the City of Brookings, South Dakota and Pertaining to Human Rights
Committees.
City Manager Introduction
Open & Close Public Hearing
Motion to approve – Roll Call
12. Ordinance No. 26-09: An Ordinance to change the Zoning within the Joint Jurisdictional
Area surrounding the City of Brookings.
City Manager Introduction
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October 27, 2009
Open & Close Public Hearing
Motion to approve – Roll Call
13. Public hearing and action on Resolution No. 107-09, A Resolution Levying Assessment for
Assessment Project 2008-03STA, Downtown Streetscape Project.
City Manager Introduction
Open & Close Public Hearing
Motion to approve – Roll Call
Other Business:
14. Action on Resolution No. 108-09, a Resolution Setting Forth The Fines For Parking
Violations During Snow Removal In The City Of Brookings, South Dakota.
City Manager Introduction
Motion to approve
Request Public Comment, Roll Call
15. Discussion and possible action regarding Brookings School District Request for sidewalk.
City Manager Introduction
Motion to approve
Request Public Comment, Roll Call
16. Action on Resolution No. 109-09, A Resolution annexing the north 1,580 feet of the east ½
of the NW ¼ of Section 2-T109N-R50W, excluding Lot C, Christie Addition and Outlots A,
1A, B, and 1B of the NW ¼ of Section 2-T109N-R50W.
City Manager Introduction
Motion to approve
Request Public Comment, Roll Call
17. Presentation on proposed McCrory Gardens Visitor Center by South Dakota State
University.
Informational
18. 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 Thorpe, Council Member
Julie Whaley, Council Member
Council Staff:
Jeffrey W. Weldon, City Manager
Steven Britzman, City Attorney
Shari Thornes, City Clerk
View the City Council Meeting Live on the City Government Access Channel 9.
Rebroadcast Schedule: Wednesday @ 1pm, Thursday @ 7 pm, Friday @ 9 pm, and Saturday @ 1 pm.
The complete City Council agenda packet is available on the city website: www.cityofbrookings.org
If you require assistance, alternative formats, and/or accessible locations consistent with the Americans with Disabilities Act, please contact Shari Thornes,
City ADA Coordinator, at 692-6281 at least 3 working days prior to the meeting.
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October 27, 2009
5:00 P.M. WORK SESSION
** Work sessions are open to the public. During the work session the city staff would brief the council on items for
that particular meeting, introduce future topics, and provide a time for Council members to introduce topics.
1. Update from Matt Astleford, Staff, Senator Tim Johnson’s Office.
Matt Astleford, staff member for Senator Johnson, will provide an update on
behalf of the Senator on current issues that impact Brookings and the State of
South Dakota.
Estimated Time: 5 minutes
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October 27, 2009
5:00 P.M. WORK SESSION
** Work sessions are open to the public. During the work session the city staff would brief the council on items for
that particular meeting, introduce future topics, and provide a time for Council members to introduce topics.
2. Availability of additional Liquor Licenses per current census estimates.
Pursuant to the City Council’s request from October 13th, the City Attorney
and staff have researched the possibility of additional liquor licenses based on
current census estimates. Enclosed below is a memorandum of response from
the City Attorney which indicates that no additional licenses would be available.
Memorandum
To: Jeff Weldon, City Manager and Shari Thornes, City Clerk
From: Steven J. Britzman, City Attorney
Date: October 22, 2009
Re: Census estimates
I checked for the July 1, 2008 census number for Brookings on the U.S. Census Bureau
website and found the figure 19,865. State law (below) says if we use this “census
estimate” we have to reduce the population for purposes of calculating the authorized
number of on-sale licenses to 90% of that figure, or 17,879, which my computations
indicate provides for 15 on-sale licenses. It would be helpful if Shari Thornes can
confirm my computation. The bold type below is the part of the statute which requires
the use of only 90% of the estimate for purposes of calculating the number of licenses
available. The 90% procedure is only applicable if a municipality is using data from
census estimates as opposed to the decennial federal census.
State law
___________________
5-4-11. Alcohol sales - Municipal determination of number of licenses and amount of
fees - Maximum number of on-sale licenses - Certain licenses exempted from quotas.
If not fixed by ordinance, the governing board of any municipality may on or
before the first of September in each year, by resolution, determine the number of on-sale
and off-sale licenses it will approve for the ensuing calendar year, and the fees to be
charged for the various classifications of licenses. The number of on-sale licenses issued
may not exceed three each for the first one thousand of population or fraction thereof and
not exceed one each of such licenses for each additional one thousand five hundred of
population or fraction thereof. The number of licenses allowable may not be less than the
total number of licenses allowable or issued as of July 1, 1981. The municipal governing
board shall at such meeting establish the fee for on-sale licenses pursuant to subdivisions
35-4-2(4) and (13). The fee applies to all such on-sale licenses issued in the ensuing
calendar year. The quotas established in this section do not apply to licenses issued
pursuant to subdivisions 35-4-2(16) and (17).
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October 27, 2009
For the purposes of this section, population is equal to ninety percent of the
population estimates published by the United States Census Bureau for each even-
numbered year, except for the decennial year. For a decennial year, population is
equal to the amount determined by the decennial federal census. No license issued
pursuant to this section which exceeds the number of licenses that would have been
issued upon the decennial federal census may be denied solely by reason that the license
exceeds the number of licenses authorized by the decennial federal census.
Year Population
July 1, 1999 17,283
2000 Census 18,504
July 1, 2001 18,857
July 1, 2002 19,048
July 1, 2003 18,983
July 1, 2004 18,982
July 1, 2005 18,814
July 1, 2006 19,337
July 1, 2007 19,567
July 1, 2008 19,865
US Census Bureau Link: http://www.factfinder.census.gov/
(To find information on Brookings, on the right side of the screen select go to the “Population Finder”
and type in Brookings, SD and you can choose from Brookings County or Brookings City.)
Estimated Time: 5 minutes
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October 27, 2009
5:00 P.M. WORK SESSION
** Work sessions are open to the public. During the work session the city staff would brief the council on items for
that particular meeting, introduce future topics, and provide a time for Council members to introduce topics.
3. Neighborhood request for parking ordinance amendment eliminating
residential on-street parking from 2:00 a.m. to 6:00 a.m. year-round.
TO: Mayor and City Council Members
FROM: City Manager Jeff Weldon
RE: Consideration of parking ordinance amendment; prohibiting 2-6 am
parking on residential streets year-round
Attached is a letter from a group of neighbors requesting an amendment to the parking
ordinance which would prohibit on-street parking in residential areas from 2-6 a.m. daily.
This request comes on the heels of extensive discussion by the Planning Commission and
neighbors regarding off-street parking requirements, specifically for rental addresses. That
issue led to a parking ordinance recommendation by the Planning Commission which is on
this agenda for first reading.
Both on and off-street parking is a multi-faceted, complicated and controversial issue given
the diversity of our neighborhoods. But for purposes of this agenda item, the issue at hand
is limited to a parking ban on residential streets from 2-6 a.m. daily.
Estimated Time: 30 minutes
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October 27, 2009
5:00 P.M. WORK SESSION
** Work sessions are open to the public. During the work session the city staff would brief the council on items for
that particular meeting, introduce future topics, and provide a time for Council members to introduce topics.
4. 6:00 p.m. Meeting Review.
1. Call to order.
2. Pledge of Allegiance.
3. Record of Council attendance.
4. Action to approve the following Consent Agenda Items *
A. Action to approve the agenda.
B. Action to approve minutes.
C. Action to approve Phase 2 of the Safe Routes to School Agreement between South
Dakota Department of Transportation, the City of Brookings, and the Brookings School
District.
D. Action on Resolution No. 99-09, A Resolution Directing Preparation of Assessment
Roll, Dividing Assessments Into Installments, and Providing For The Collection
Thereof For Alley Assessment Project 2008-04STA (Alley from 7th Avenue to 8th
Avenue between 6th Street and 7th Street).
E. Action on Resolution No. 100-09, A Resolution Amending a Funding Agreement for
Bike Trail Project POENH(147) PCN 00C2 & EM 8006(49) PCN 010A.
F. Action on Resolution No. 101-09, A Resolution Authorizing Final Change Order
(CCO#3 Final) for 2008-02STA 15th Street South, Camelot Drive and Christine
Avenue Street Assessment Project (Winter Brothers Underground, Inc.).
G. Action on Resolution No. 102-09, A Resolution Authorizing Change Order (CCO#1)
for 2008-123 Sieler Addition Street Project (Clark Drew Construction, Inc.).
H. Action on Resolution No. 103-09, A Resolution Authorizing Final Change Order
(CCO#2 Final) for 2008-123 Sieler Addition Street Project (Clark Drew Construction,
Inc.).
I. Action on Resolution No. 104-09, A Resolution Authorizing Change Order (CCO#2)
for 2008-09STI Rio Grande, Napa Valley and Cumberland Court Project (Rounds
Construction)
J. Action on Resolution No. 105-09, A Resolution Authorizing Change Order (CCO#3)
for 2008-09STI Rio Grande, Napa Valley and Cumberland Court Project (Rounds
Construction)
K. Action on Resolution No. 106-09, A Resolution Authorizing Change Order (CCO#4)
for 2008-09STI Rio Grande, Napa Valley and Cumberland Court Project (Rounds
Construction)
Motion to approve, request public comment, roll call
Presentations, Special Requests/Invites & Reports:
5. Recognition of local nominees for the 2010 Governor’s Awards for Employment of People
who have Disabilities.
6. Open Forum.
7. SDSU Student Senate Report.
Ordinances – 1st Readings **
8. Ordinance No. 27-09: Budget Amendment #2, An Ordinance Authorizing a Supplemental
Appropriation to the 2009 Budget for the Purpose of Providing for Additional Funds for the
Operation of the City. Public Hearing: November 17th
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October 27, 2009
9. Ordinance No. 28-09: An ordinance amending the zoning ordinance of the City of
Brookings and pertaining to off-street parking requirements for a two-family dwelling for the
purposes of administration of the zoning ordinance. Public Hearing: November 17th
10. Ordinance No. 29-09: An ordinance amending the zoning ordinance of the City of
Brookings and pertaining to Emergency Services as a permitted use in certain business and
industrial districts for the purposes of administration of the zoning ordinance. Public Hearing:
November 17th
Second Readings/Public Hearings
11. Ordinance No. 25-09: An Ordinance Amending Article V. of Chapter 2 of the Code of
Ordinances of the City of Brookings, South Dakota and Pertaining to Human Rights
Committees.
City Manager Introduction, Open & Close Public Hearing, Motion to approve – Roll Call
12. Ordinance No. 26-09: An Ordinance to change the Zoning within the Joint Jurisdictional
Area surrounding the City of Brookings.
City Manager Introduction, Open & Close Public Hearing, Motion to approve – Roll Call
13. Public hearing and action on Resolution No. 107-09, A Resolution Levying Assessment for
Assessment Project 2008-03STA, Downtown Streetscape Project.
City Manager Introduction, Open & Close Public Hearing, Motion to approve – Roll Call
Other Business:
14. Action on Resolution No. 108-09, a Resolution Setting Forth The Fines For Parking
Violations During Snow Removal In The City Of Brookings, South Dakota.
City Manager Introduction, Motion to approve, Request Public Comment, Roll Call
15. Discussion and possible action regarding Brookings School District Request for sidewalk.
City Manager Introduction, Motion to approve, Request Public Comment, Roll Call
16. Action on Resolution No. 109-09, A Resolution annexing the north 1,580 feet of the east ½
of the NW ¼ of Section 2-T109N-R50W, excluding Lot C, Christie Addition and Outlots A,
1A, B, and 1B of the NW ¼ of Section 2-T109N-R50W.
City Manager Introduction, Motion to approve, Request Public Comment, Roll Call
17. Presentation on proposed McCrory Gardens Visitor Center by South Dakota State
University.
Informational
18. Adjourn.
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October 27, 2009
5:00 P.M. WORK SESSION
** Work sessions are open to the public. During the work session the city staff would brief the council on items for
that particular meeting, introduce future topics, and provide a time for Council members to introduce topics.
5. Council Invites & Obligations.
Date
Day
Event &
Brief Description
Time
Location
Oct. 23rd
Friday
2009 Distinguished
Alumni Awards
Banquet
5:30 p.m.
Shamrock Banquet Hall
Oct. 24th
Saturday
Hobo Day Events
All day, see
spreadsheet
Oct. 27th
Tuesday
Volunteer
Appreciation
Luncheon
12:00 p.m.
Swiftel Center
Oct. 27th
Tuesday
Council Meeting
5 & 6 p.m.
Council Chambers
Nov. 3rd
Tuesday
DBI Annual Meeting
5:30 p.m.
The Cellar
Nov. 10th
Tuesday
CANCEL COUNCIL
MEETING
Nov 10-14
Tues-Sat
National League of
Cities
Congress of Cities
San Antonio
Nov. 17th
Tuesday
Council Meeting
5 & 6 p.m.
Council Chambers
Nov. 20th
Friday
COB Employee
Recognition Night
6:00 p.m.
Swiftel Center
Nov. 24th
Tuesday
NO COUNCIL
MEETING DUE TO
HOLIDAY
Dec. 1st
Tuesday
Mayor’s Christmas
Party
5:00 p.m.
PAC
Dec. 8th
Tuesday
Council Meeting
5 & 6 p.m.
Council Chambers
Dec. 15th
Tuesday
Council Meeting
5 & 6 p.m.
Council Chambers
Dec. 22nd
Tuesday
NO COUNCIL
MEETING
DUE TO HOLIDAYS
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October 27, 2009
5:00 P.M. WORK SESSION
** Work sessions are open to the public. During the work session the city staff would brief the council on items for
that particular meeting, introduce future topics, and provide a time for Council members to introduce topics.
6. City Council Member Ex-Officio Reports.
Pursuant to council direction, “City Council Member Ex-Officio Reports” will be a standing
agenda item at all Council Work sessions. 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 Thorpe
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5:00 P.M. WORK SESSION
** Work sessions are open to the public. During the work session the city staff would brief the council on items for
that particular meeting, introduce future topics, and provide a time for Council members to introduce topics.
7. 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.
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October 27, 2009
6:00 P.M. REGULAR MEETING
1. Call to order.
2. Pledge of Allegiance.
3. Record of Council attendance.
4. Action to approve the following Consent Agenda Items *
A. Action to approve the agenda.
B. Action to approve minutes.
C. Action to approve Phase 2 of the Safe Routes to School Agreement between South
Dakota Department of Transportation, the City of Brookings, and the Brookings School
District.
D. Action on Resolution No. 99-09, A Resolution Directing Preparation of Assessment
Roll, Dividing Assessments Into Installments, and Providing For The Collection Thereof
For Alley Assessment Project 2008-04STA (Alley from 7th Avenue to 8th Avenue
between 6th Street and 7th Street).
E. Action on Resolution No. 100-09, A Resolution Amending a Funding Agreement for
Bike Trail Project POENH(147) PCN 00C2 & EM 8006(49) PCN 010A.
F. Action on Resolution No. 101-09, A Resolution Authorizing Final Change Order
(CCO#3 Final) for 2008-02STA 15th Street South, Camelot Drive and Christine Avenue
Street Assessment Project (Winter Brothers Underground, Inc.).
G. Action on Resolution No. 102-09, A Resolution Authorizing Change Order (CCO#1)
for 2008-123 Sieler Addition Street Project (Clark Drew Construction, Inc.).
H. Action on Resolution No. 103-09, A Resolution Authorizing Final Change Order
(CCO#2 Final) for 2008-123 Sieler Addition Street Project (Clark Drew Construction,
Inc.).
I. Action on Resolution No. 104-09, A Resolution Authorizing Change Order (CCO#2)
for 2008-09STI Rio Grande, Napa Valley and Cumberland Court Project (Rounds
Construction).
J. Action on Resolution No. 105-09, A Resolution Authorizing Change Order (CCO#3)
for 2008-09STI Rio Grande, Napa Valley and Cumberland Court Project (Rounds
Construction).
K. Action on Resolution No. 106-09, A Resolution Authorizing Change Order (CCO#4)
for 2008-09STI Rio Grande, Napa Valley and Cumberland Court Project (Rounds
Construction).
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. Recognition of local nominees for the 2010 Governor’s Awards for Employment of People
who have Disabilities.
6. Open Forum.
7. SDSU Student Senate Report.
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October 27, 2009
Ordinances – 1st Readings **
8. Ordinance No. 27-09: Budget Amendment #2, an Ordinance Authorizing a Supplemental
Appropriation to the 2009 Budget for the Purpose of Providing for Additional Funds for the
Operation of the City. Public Hearing: November 17th
9. Ordinance No. 28-09: An ordinance amending the zoning ordinance of the City of
Brookings and pertaining to off-street parking requirements for a two-family dwelling for the
purposes of administration of the zoning ordinance. Public Hearing: November 17th
10. Ordinance No. 29-09: An ordinance amending the zoning ordinance of the City of
Brookings and pertaining to Emergency Services as a permitted use in certain business and
industrial districts for the purposes of administration of the zoning ordinance.
Public Hearing: November 17th
Second Readings/Public Hearings
11. Ordinance No. 25-09: An Ordinance Amending Article V. of Chapter 2 of the Code of
Ordinances of the City of Brookings, South Dakota and Pertaining to Human Rights
Committees.
City Manager Introduction
Open & Close Public Hearing
Motion to approve – Roll Call
12. Ordinance No. 26-09: An Ordinance to change the Zoning within the Joint Jurisdictional
Area surrounding the City of Brookings.
City Manager Introduction
Open & Close Public Hearing
Motion to approve – Roll Call
13. Public hearing and action on Resolution No. 107-09, A Resolution Levying Assessment for
Assessment Project 2008-03STA, Downtown Streetscape Project.
City Manager Introduction
Open & Close Public Hearing
Motion to approve – Roll Call
Other Business:
14. Action on Resolution No. 108-09, a Resolution Setting Forth The Fines For Parking
Violations During Snow Removal In The City Of Brookings, South Dakota.
City Manager Introduction
Motion to approve
Request Public Comment, Roll Call
15. Discussion and possible action regarding Brookings School District Request for sidewalk.
City Manager Introduction
Motion to approve
Request Public Comment, Roll Call
16. Action on Resolution No. 109-09, A Resolution annexing the north 1,580 feet of the east ½
of the NW ¼ of Section 2-T109N-R50W, excluding Lot C, Christie Addition and Outlots A,
1A, B, and 1B of the NW ¼ of Section 2-T109N-R50W.
City Manager Introduction
Motion to approve
Request Public Comment, Roll Call
17. Presentation on proposed McCrory Gardens Visitor Center by South Dakota State
University.
Informational
18. Adjourn.
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CONSENT AGENDA #4
4. Action to approve the following Consent Agenda Items *
A. Action to approve the agenda.
B. Action to approve minutes.
C. Action to approve Phase 2 of the Safe Routes to School Agreement between South
Dakota Department of Transportation, the City of Brookings, and the Brookings School
District.
D. Action on Resolution No. 99-09, A Resolution Directing Preparation of Assessment
Roll, Dividing Assessments Into Installments, and Providing For The Collection Thereof
For Alley Assessment Project 2008-04STA (Alley from 7th Avenue to 8th Avenue
between 6th Street and 7th Street).
E. Action on Resolution No. 100-09, A Resolution Amending a Funding Agreement for
Bike Trail Project POENH(147) PCN 00C2 & EM 8006(49) PCN 010A.
F. Action on Resolution No. 101-09, A Resolution Authorizing Final Change Order
(CCO#3 Final) for 2008-02STA 15th Street South, Camelot Drive and Christine Avenue
Street Assessment Project (Winter Brothers Underground, Inc.).
G. Action on Resolution No. 102-09, A Resolution Authorizing Change Order (CCO#1)
for 2008-123 Sieler Addition Street Project (Clark Drew Construction, Inc.).
H. Action on Resolution No. 103-09, A Resolution Authorizing Final Change Order
(CCO#2 Final) for 2008-123 Sieler Addition Street Project (Clark Drew Construction,
Inc.).
I. Action on Resolution No. 104-09, A Resolution Authorizing Change Order (CCO#2)
for 2008-09STI Rio Grande, Napa Valley and Cumberland Court Project (Rounds
Construction).
J. Action on Resolution No. 105-09, A Resolution Authorizing Change Order (CCO#3)
for 2008-09STI Rio Grande, Napa Valley and Cumberland Court Project (Rounds
Construction).
K. Action on Resolution No. 106-09, A Resolution Authorizing Change Order (CCO#4)
for 2008-09STI Rio Grande, Napa Valley and Cumberland Court Project (Rounds
Construction).
* Matters appearing on the Consent Agenda are expected to be non-controversial and will be acted upon by the Council at one time, without
discussion, unless a member of the Council or City Manager requests an opportunity to address any given item. Items removed from the
Consent Agenda will be discussed at the beginning of the formal items. Approval by the Council of the Consent Agenda items means that the
recommendation of the City Manager is approved along with the terms and conditions described in the agenda supporting documentation.
Action: Motion to approve, request public comment, roll call
City Manager Recommendation: Approve
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CONSENT AGENDA #4
B. Action to approve Council Minutes.
The draft October 13, 2009 Brookings City Council minutes are enclosed for Council review
and approval.
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October 27, 2009
Brookings City Council
October 13, 2009
(unapproved)
The Brookings City Council held a meeting on Tuesday, October 13, 2009 at 6:00 p.m., at City Hall
with the following members present: Mayor Tim Reed (via phone), Council Members Mike Bartley,
Julie Whaley, John Kubal, Mike McClemans, Jael Thorpe, and Tom Bezdichek. City Manager Jeff
Weldon, City Attorney Steve Britzman, and Deputy City Clerk Bonnie Foster were also present.
6:00 P.M. REGULAR MEETING.
Consent Agenda. A correction was noted to Resolution No. 98-09. A motion was made by
Whaley, seconded by Kubal, to approve the consent agenda as amended.
A. Action to approve the agenda, as amended.
B. Action to approve the September 8th Council Meeting minutes.
C. Action to appoint Dr. Chandradhar Dwivedi to the Human Rights Committee for a
term beginning October 13, 2009 through January 1, 2012.
D. Action to approve Fire Mutual Aide Agreements.
AGREEMENT FOR MUTUAL AID SERVICES
Agreement made January 1, 2010, among the below listed signatories to this agreement.
The parties to this Agreement, in consideration of the mutual covenants and stipulations set
out herein, agree as follows:
SECTION ONE
The purpose of this agreement is to secure to each, and one to the other of the parties, the
benefits of mutual aid emergency response coverage for the protection of life and property
from hazardous materials, natural and man-made phenomena, and fire fighting.
SECTION TWO
Upon request by one of the parties (the requesting organization), any other party (the
responding organization) shall dispatch firefighting equipment and personnel to any point
within the area for which the requesting organization normally provides fire protection.
SECTION THREE
1. Requesting Organization
a. Any request for aid from an authorized official shall include a statement of
the amount and type of equipment and number of personnel requested, and
it shall specify the location to which the equipment and personnel are to be
dispatched.
2. Responding Organization
a. The amount and type of equipment and the number of personnel to be
furnished shall be determined by an authorized official of the responding
organization.
b. The responding organizations shall report to the officer-in-charge of the
requesting organization at the locations to which the equipment is dispatched
and as a unit shall be subject to the orders of that official. However, the
individual members of the unit of the responding organization shall at times
be subject to the control and direction of the officer-in-charge of the
responding organization, and in assisting the organization, shall at all times
be subject to the control and direction of the officer-in-charge of the
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October 27, 2009
responding organization, and in assisting the requesting organization, shall at
all times and for all purposes be considered as performing their duties under
the control and under the direction of the responding organization.
c. A responding organization shall be released by the requesting organization
when the services of the responding organization are no longer required, or
when the responding organization is needed within the area for which it
normally provides fire protection.
SECTION FOUR
Each party agrees to hold each other party harmless from any and all claims for liability
including attorney fees arising out of any services furnished under this agreement, and for
bodily injury or property damages arising out of services furnished under this agreement.
SECTION FIVE
No party shall be reimbursed by any other party for any costs incurred pursuant to this
agreement.
SECTION SIX
This agreement shall expire on January 1, 2020.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year
indicated.
Participating Municipalities: Arlington, Aurora, Brookings, Bruce, Elkton, Estelline,
Hendricks, Sinai, Toronto, Volga and White
AGREEMENT FOR DUAL RESPONSE MUTUAL AID SERVICES
Agreement made January 1, 2010, among the below listed signatories to this agreement.
The parties to this Agreement, in consideration of the mutual covenants and stipulations set
out herein, agree as follows:
SECTION ONE
The purpose of this agreement is to secure to each, and one to the other, of the parties, the
benefits of automatic mutual aid emergency response coverage for the protection of life and
property from hazardous materials, natural and man-made phenomena, and fire fighting.
SECTION TWO
Upon receipt of a reported fire in the dual response area of the Brookings Fire Department
(the requesting organization), the other party (the responding organization) shall be
automatically dispatched and shall respond with firefighting equipment and personnel to any
point within the dual response area for fire protection.
SECTION THREE
1. Requesting Organization
a. Automatic mutual aid shall be indicated when the City of Brookings Fire
Department has any reported fire in the dual response area. The 911
Dispatch Center shall automatically notify and dispatch the appropriate
county fire department.
2. Responding Organization
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October 27, 2009
a. An authorized official from the responding organization shall authorize the
response of the amount and type of equipment and personnel to operate the
equipment provided the responding agency has adequate equipment and
personnel available.
b. The responding organization shall report to the officer-in-charge of the
requesting organization at the locations to which the equipment is dispatched
and as a unit shall be subject to the orders of that official. However, the
individual members of the unit of the responding organization shall at times
be subject to the control and direction of the officer-in-charge of the
responding organization, and in assisting the organization shall at all times be
subject to the control and direction of the officer-in-charge of the
responding organization, and in assisting the requesting organization, shall at
all times and for all purposes be considered as performing their duties under
the control and under the direction of the responding organization.
c. A responding organization shall be released by the requesting organization
when the services of the responding organization are no longer required, or
when the responding organization is needed within the area for which it
normally provides fire protection.
SECTION FOUR
Each party agrees to hold each other party harmless from any and all claims for liability
including attorney fees arising out of any services furnished under this agreement, and for
bodily injury or property damages arising out of services furnished under this agreement.
SECTION FIVE
No party shall be reimbursed by any other party for any costs incurred pursuant to this
agreement.
SECTION SIX
This agreement shall expire on January 1, 2020.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year
indicated.
Participating Municipalities: Brookings, Bruce and White
AGREEMENT FOR COUNTYWIDE AUTOMATIC MUTUAL AID
SERVICES
Agreement made January 1, 2010, among the below listed signatories to this agreement.
The parties to this Agreement, in consideration of the mutual covenants and stipulations set
out herein, agree as follows:
SECTION ONE
The purpose of this agreement is to secure to each, and one to the other of the parties, the
benefits of countywide automatic mutual aid emergency response coverage for the
protection of life and property from hazardous materials, natural and man-made
phenomena, and fire fighting.
SECTION TWO
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October 27, 2009
Upon receipt of a reported fire in the dual response area of the Brookings Fire Department
(the requesting organization), the other party (the responding organization) shall be
automatically dispatched and shall respond with firefighting equipment and personnel to any
point within the dual response area for fire protection.
SECTION THREE
1. Requesting Organization
a. Countywide automatic mutual aid shall be indicated when any fire
department within Brookings County, but outside of that fire department’s
municipal area, has any reported structural fire. The 911 Dispatch Center
shall automatically notify and dispatch all other county fire departments.
2. Responding Organization
a. An authorized official from each of the responding organizations shall
authorize the response of one water tender and personnel to operate the
equipment, provided the responding agency has adequate equipment and
personnel available.
b. The responding organizations shall report to the officer-in-charge of the
requesting organization at the locations to which the equipment is dispatched
and as a unit shall be subject to the orders of that official. However, the
individual members of the unit of the responding organization shall at times
be subject to the control and direction of the officer-in-charge of the
responding organization, and in assisting the organization, shall at all times
be subject to the control and direction of the officer-in-charge of the
responding organization, and in assisting the requesting organization, shall at
all times and for all purposes be considered as performing their duties under
the control and under the direction of the responding organization.
c. A responding organization shall be released by the requesting organization
when the services of the responding organization are no longer required, or
when the responding organization is needed within the area for which it
normally provides fire protection.
SECTION FOUR
Each party agrees to hold each other party harmless from any and all claims for liability
including attorney fees arising out of any services furnished under this agreement, and for
bodily injury or property damages arising out of services furnished under this agreement.
SECTION FIVE
No party shall be reimbursed by any other party for any costs incurred pursuant to this
agreement.
SECTION SIX
This agreement shall expire on January 1, 2020.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year
indicated.
Participating Municipalities: Arlington, Aurora, Brookings, Elkton, Estelline, Hendricks,
Sinai, Toronto, Volga, White
E. Action on Resolution No. 89-09, a Resolution Authorizing Final Change Order (CCO
#1 Final) for 2008-04STA, Alley Assessment Project, Bowes Construction Inc.
Resolution No. 89-09
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October 27, 2009
A Resolution Authorizing Final Change Order (CCO#1 Final) for
2008-04STA Alley Assessment Project
(from 7th Ave. to 8th Ave. between 6th St. and 7th St.)
Bowes Construction Inc., Brookings, SD
Be It Resolved by the City Council that the following change order be allowed for 2008-
04STA Alley Assessment Project: Construction Change Order Number 1 Final, Adjust
estimated bid quantities to “as build” quantities for a total decrease of $13,542.87, and
Adjust completion date to August 13, 2009.
F. Action on Resolution No. 94-09, Setting the Unit Financial Charge for 2010 Storm
Drainage Fees.
Resolution No. 94-09
Setting the Unit Financial Charge for 2010 Storm Drainage Fees
Whereas, Chapter 72, Section 72-1 (b), of Code of Ordinances for the City of Brookings,
provides for setting the unit financial charge of Storm Drainage, by Resolution.
Now, Therefore, Be It Resolved that the unit financial charge shall be .00054 for Storm
Drainage purposes.
G. Action on Resolution No. 95-09, a Resolution Awarding Bids on Agricultural Land
Rent (previously Nichols land).
Resolution No. 95–09
Resolution Awarding Bids on Agricultural Land Rent
Whereas, the City of Brookings opened bids for approximately 48 acres of Agricultural
Hay/Pasture Land Rent for City-owned parcel located in Section 21-T110-R50 on Tuesday,
October 6, 2009 at 1:30 pm at Brookings City Hall; and
Whereas, the City of Brookings has received the following bids for Agricultural Hay/Pasture
Land: Lyle Johnson, Brookings, SD at $60.00 per acre, and Justin Thompson, Colman, SD at $57.00
per acre
Now Therefore, Be It Resolved that the high bid of Lyle Johnson, Brookings, SD for the high bid
of $60.00 per acre be accepted.
H. Action on Resolution No. 96-09, a Resolution Fixing Time and Place for Hearing
Upon Assessment Roll for 2008-03STA Downtown Streetscape Project.
Resolution No. 96-09
Resolution Fixing Time and Place for Haring Upon Assessment Roll for 2008-03STA
Downtown Streetscape Project
Be It Resolved by the City Council of the City of Brookings, South Dakota, as follows:
1. The assessment roll for 2008-03STA Downtown Streetscape Project having been filed in
the office of the City Clerk on the 28th day of September 2009, the City Council shall meet in
the Council Chambers, City Hall, in said City on Tuesday, the 27th day of October, 2009, at
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October 27, 2009
6:00 o'clock PM, the said date being not less than twenty (20) days from the filing of said
assessment roll for hearing thereon.
2. The City Engineer is authorized and directed to prepare a notice describing, in general
terms 2008-03STA Downtown Streetscape Project, the date of filing the assessment roll, the
time and place of hearing thereon, stating that the assessment roll will be open for public
inspection at the office of the City Engineer and referring to the assessment roll for further
particulars.
3. The City Clerk is authorized and directed to publish said notice in the official newspaper
at least one (1) week prior to the date set for hearing and to mail a copy thereof, by first class
mail addressed to the owner or owners of any property to be assessed at his, her or their last
mailing address as shown by the records of the Director of Equalization at least one (1) week
prior to the date set for said hearing.
I. Documentation of purchase of animal stalls for the Swiftel Center. On August 28th and
September 4th bids were advertised by the City of Brookings for the purchase of 8x8
portable animal stalls as per the enclosed specifications. No bids were received on the
September 8th 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 September 9th, four quotes were directly solicited for and three were
received. Sunderman Manufacturing provided a quote of $55,510.40 to supply new stalls.
Jim Kotschevar provided a quote for $31,600.00 to supply used stalls. Service Equipment
provided a quote for $50,280.00 to supply new stalls. TLC Ranch said they could make their
product attach to our current inventory but the stalls would not be built to our
specifications. Jim Kotschevar was awarded the contract for the portable animal stalls at a
negotiated price of $29,625.00.
J. Action on Resolution No. 98-09, a Resolution designating approving Warranty Deed.
Resolution No. 98-09
Resolution Approving Warranty Deed
Whereas, the City of Brookings has designated a Warranty Deed Easement for
approximately 2.68 acres of wetland to be constructed on the West 500’ of the East 910’ of
the South 500’ of the NE ¼ of the NE ¼ of Section 11, Township 109 North, Range 50
West,
Whereas, the Warranty Deed will perpetually protect the described wetland and includes
numerous provisions required by Federal law; and
Whereas, the form of the Warranty Deed is subject to approval by the Department of the
Army (US Corps of Engineers), who may suggest minor modifications to the form following
approval by the City; and
Whereas, the work to create the wetland has been authorized by the Department of the
Army Nationwide Permit Number 14 (NWP 14);
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October 27, 2009
Now, Therefore, Be It Resolved that the City of Brookings City Manager is authorized to
sign a Warranty Deed in substantially the form as presented to the City Council of the City
of Brookings.
On the motion, all present voted yes; motion carried.
Council Topics: Whaley requested the topic of liquor licenses be added to the October 27th Work
Session. She questioned where in the process things are in issuing another liquor license. She
would like to know what the census states Brookings’ population is, and seek approval for additional
licenses prior to the census. McClemans stated both the City of Tea and the City of Sioux Falls have
sought approval for additional licenses prior to the census and were awarded as such. He would like
to discuss this and see what the options are. Dan Hanson stated the most recent census data would
date from July 2007, which estimated the population to be 19,643. Britzman thought this report was
received annually. Hanson stated it is received annually, however, it is just that far in arrears for
their estimation. Britzman stated we could check to see if there is more recent data available. He
believes the state would honor it if there was a change.
1st Reading – Ordinance No. 25-09. A first reading was held on Ordinance No. 25-09, an
Ordinance Amending Article V. of Chapter 2 of the Code of Ordinances of the City of Brookings,
South Dakota and Pertaining to Human Rights Committees. Public Hearing: October 27th
1st Reading – Ordinance No. 26-09. A first reading was held on Ordinance No. 26-09, an
Ordinance to change the Zoning within the Joint Jurisdictional Area surrounding the City of
Brookings. Public Hearing: October 27th
Ordinance No. 23-09. A public hearing was held on Ordinance No. 23-09, an Ordinance to
Change the Zoning within the City of Brookings for the north 320 feet of Block 11, McClemans
Addition from a Residence R-1A District to a Residence R-3A District. A motion was made by
Thorpe, seconded by Whaley, to approve Ordinance No. 23-09. No public comments were made.
All present voted yes, except McClemans abstained; motion carried.
Ordinance No. 24-09. A public hearing was held on Ordinance No. 24-09, an Ordinance to
Change the Zoning within the City of Brookings for Lot 9, Block 2, University First Addition from
a Residence R-3 District to a Business B-2 District. A motion was made by Bezdichek, seconded by
McClemans, to approve Ordinance No. 24-09. No public comments were made. All present voted
yes; motion carried.
Memorandum of Understanding. City Manager Weldon stated this MOU is for a reversionary
clause for the property. This parcel was given to the City by the State of South Dakota for the
purpose of having a Fire Station primarily to service the area which surrounds SDSU. The Deed
contains a reversionary clause, so if the city ever ceases using the property for a Fire Station, the
ownership of the property would revert back to the State of South Dakota.
Britzman has worked with legal counsel for the Board of Regents. This MOU clarifies this as a
zoning issue for purposes of signage and does not affect any other reversionary provisions.
The sign proposed to be placed at the East Fire Station is currently part of the fixed assets. It is the
previous Swiftel Center sign. The purpose of putting it on this location is to provide for advertising
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October 27, 2009
of coming events at the Swiftel Center. The sign would be hard-wired into the Fire Station. Tom
Richter estimated $21,000 for construction of the posts and pylon along with some electrical
connection charges.
ACTION: A motion was made by Whaley, seconded by Kubal, to approve a Memorandum
of Understanding between the State of South Dakota by and through the Board of Regents
of the State of South Dakota and the City of Brookings, South Dakota regarding the use of a
commercial advertising sign. All present voted yes; motion carried.
MEMORANDUM OF UNDERSTANDING
Between the State of South Dakota by and through the Board of Regents of the State of South
Dakotaand the City of Brookings, South DakotaRegarding the use of a Commercial Advertising Sign
This Memorandum of Understanding is entered into by and between the State of South Dakota by
and through the Board of Regents (hereinafter referred to as the “Board of Regents”) and the City
of Brookings, and pertains to the proposed use of a commercial advertising sign at the East Fire
Station in the City of Brookings.
WHEREAS, the State of South Dakota, acting by and through the Board of Regents, conveyed land
by Deed to the City of Brookings in 1973 for the use by the City of Brookings as a fire station to
serve that portion of Brookings which includes the campus of South Dakota State University
(SDSU); and
WHEREAS, the land Deeded by the Board of Regents has been used by the City of Brookings as a
fire station to serve the campus of SDSU and the City of Brookings continues to use this site as a
fire station serving the campus of SDSU, however the City of Brookings now desires to also place a
commercial advertising sign upon this fire station property; and
WHEREAS, the proposed sign would be owned and operated by the City of Brookings, would not
interfere with the use of the fire station or signage designating the fire station, and would not affect
the operation of the fire station in any respect; and
WHEREAS, the proposed sign would be primarily used to advertise events at the City's "Swiftel
Center"; and
WHEREAS, this Memorandum of Understanding is intended to set forth the pertinent facts
concerning the proposed sign and to provide a record that the placement of a sign by the City is not
incompatible with the restrictions contained in the aforementioned Deed which also provides that
the property will revert to the State of South Dakota in the event the property shall cease to be used
by the grantee [City] for the purpose for which it was conveyed.
NOW THEREFORE, in accordance with the understandings set forth herein, the parties hereto
agree to the following:
1. The City of Brookings is permitted to install and operate upon the fire station property
referred to herein an advertising sign which will be owned by the City of Brookings, and
primarily used to advertise events at the Swiftel Center in Brookings.
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2. Provided the sign is used and operated in conformity with the understandings set forth
herein, such use shall not be inconsistent with the Deed Restrictions set forth herein.
ACTION: A motion was made by Whaley, seconded by Bezdichek, to direct the City
Manager and Tom Richter, Swiftel Center Executive Director, to proceed with planning and
development for the proposed sign at the East Fire Station. Council Discussion: Reed questioned if
this was going to need a budget change. Weldon stated only to the extent that it is not an itemized amount in the
capital improvement program for the Swiftel Center. Reed asked for clarification if something else in the budget would
be replaced. Yes, Weldon stated, they probably would have to replace something else. For example, there is an
allotment for the lighting project. No bids have been sought yet, so if there are some funds available as a result of low
bids, they would like to be able to use those funds for the sign. They believe this sign will have a significant impact on
the marketing of the facility. All present voted yes; motion carried.
Resolution No. 93-09. A motion was made by Bezdichek, seconded by Whaley, to approve
Resolution No. 93-09, a Resolution amending the City of Brookings Vision 2020 Comprehensive
Plan. Discussion: The City Manager clarified this Resolution makes some changes to the City’s Comprehensive
Land Use Plan with regard to three areas in the community. This is designed to bring the Comp Plan into
conformance with existing development. The three areas would be: 1) Wiese Addition. The Business Park land was
rezoned in 2003 to a Business District in order to accommodate for business and research purposes. This change was
never made in the original Comprehensive Plan. 2) Valley View Addition. This is a recent residential development
project west of the Esther Heights Addition on 20th St. So., and 3) Main Ave. So./20th St. So. intersection (SW
corner). Want the ability to market this parcel for residential and some commercial use. All-in-all, these changes are
to bring the Comprehensive 2020 Plan into conformance with existing land uses.
Council Discussion: McClemans questioned the 3rd parcel at 20th St. So. and Medary Ave. and would like to
discuss it separately from the other two parcels. City Manager Weldon clarified the parcel of concern was located at
20th St. So. & Main Ave., not at 20th St. So. & Medary Ave. McClemans withdrew his question.
All present voted yes; motion carried.
Resolution No. 93-09
A Resolution Amending the City of Brookings Vision 2020 Comprehensive Plan
Whereas, the City Council of the City of Brookings, SD in accordance with SDCL 11-6-18 adopted
the Vision 2020 Comprehensive Plan for the City of Brookings, SD; and
Whereas, the City Council determined that the Future Land Use Map of said Comprehensive Plan
should be amended and supersede the previously adopted Future Land Use Map of the
Comprehensive Plan adopted February 11, 2002; and
Whereas, the City Planning Commission of the City of Brookings, SD has recommended approval
of the Vision 2020 Comprehensive Plan in accordance with SDCL 11-6-17;
Now, Therefore, Be It Resolved By The City Of Brookings, SD:
That the Future Land Use Map of the Vision 2020 Comprehensive Plan, as amended, is hereby
adopted for the City of Brookings, with said map to supersede the previous Future Land Use Map.
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The Vision 2020 Comprehensive Plan shall be on file in the office of the City Clerk and is available
for public inspection by any interested person.
Resolution No. 97-09. A motion was made by McClemans, seconded by Kubal to approve
Resolution No. 97-09, a Resolution regarding the City of Brookings intent to fund three storm water
projects. Discussion: City Manager Weldon explained this Resolution puts forth an application to the State
Department of Environment and Natural Resources for a low interest loan made to the City of Brookings in the
amount of $4,070,738. The purpose of this loan is to finance three proposed storm drainage utility projects that are
identified in the Storm Sewer Master Plan: 1) Detention pond and fixtures on Southland Lane and 12th St. So.
estimated at $1,439,304. 2) Fixtures and improvements at Garden Square Apartments in the Garden Village
Townhouse area estimated at $38,000. 3) 15th St. So. and 7th Ave. So. detention pond and associated infrastructure
improvements estimated at $2,243,431. The first project is minus the cost of property acquisition for $350,000
which is not eligible under the loan. Council approved the adoption of the Storm Sewer Master Plan plus an
associated finance plan to provide for this of which this loan application to the State of SD is a critical component.
The term would be 3% interest over 20 years. The revenue which would be pledged to this would be from the storm
drainage utility fees or any other revenues that the city feels is appropriate at that time. The annual principal and
interest payment is $275,584.40.
Council Discussion: Whaley questioned on the loan, the land purchase of $350,000, if that is for the detention pond
at 12th St. and 7th Ave. Weldon stated yes, it is for Block 8, Hyland Addition parcel in the Southland Lane and
12th St. So. area. Lanning stated at the time the document was prepared she estimated the cost at $350,000, but the
actual cost will be $306,000. Weldon clarified this as the property transaction with Mills Development which will be
completed following the filing of the plat.
All present voted yes; motion carried.
Resolution No. 97-09
WHEREAS, the City of Brookings has identified the need to upgrade the storm water system; and
WHEREAS, the City of Brookings proposes to undertake improvements to the storm water system;
and
WHEREAS, the City of Brookings is eligible to apply for Clean Water State Revolving Fund (SRF)
Program assistance for the proposed project; and
WHEREAS, with the submission of the SRF application, the City of Brookings assures and certifies
that all SRF program requirements will be fulfilled.
THEREFORE BE IT RESOLVED that the City of Brookings duly authorizes the City Manager of
Brookings to execute and submit an SRF loan application requesting up to $4,070,738 of loan funds
for the proposed project to be borrowed at an interest rate of 3.0% for a term of 20 years and to be
secured by storm water fees.
FURTHER BE IT RESOLVED, that the City Manager of Brookings be hereby designated as the
certifying officer for any loan agreement, contracts, pay requests, correspondence, and other
required documents as a result of this application.
This resolution is effective immediately upon passage.
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City General Employees Contract. A motion was made by Kubal, seconded by Reed to approve
the Union Contract for the City General Employees. Discussion: City Manager Weldon pointed out the
contracts are for a three year duration. Wages for each of the contract years is increased as the following: 1st year at
2%, 2nd year at 3%, and the 3rd year is a sliding figure to be based on the consumer price index of the Midwest Region
to be no less than 2.5% and no more than 3.75%. The Police Contract figure for the 3rd year will be no less than
2.5% and no more than 3.5%. Some conformance in consistency in policy was also made. Insurance for retirees.
This change in insurance for retirees doesn’t give any savings now, but will provide savings in the future. For all full-
time city employees hired after Jan. 1, 2010, if they retire with the city they will be able to remain on the city’s
insurance plan by paying 100% of the premium themselves. The provision before was 50%. Everyone who was hired
under the existing plan will be grandfathered in with the 50% provision. All present voted yes, except Whaley
abstained; motion carried.
City Police Department Contract. A motion was made by Thorpe, seconded by Reed to approve
the Union Contract for the City Police Department. No public comment was made. All present
voted yes; motion carried.
Adjourn. A motion was made by Reed, seconded by Whaley, to adjourn. All present voted yes;
motion carried. Meeting adjourned at 6:36 p.m.
CITY OF BROOKINGS
ATTEST: Tim Reed, Mayor
Shari Thornes, City Clerk
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CONSENT AGENDA #4
C. Action to approve Phase 2 of the Safe Routes to School Agreement
between South Dakota Department of Transportation, the City of
Brookings, and the Brookings School District.
The City of Brookings and Brookings School District are the recipients of a South Dakota
Safe Routes to School Grant through the South Dakota Department of Transportation. The
project includes infrastructure and non-infrastructure items with the City responsible for the
infrastructure items. Infrastructure items include bike route signage. The infrastructure
projects are planned near the Mickelson Middle School and the new Camelot Intermediate
School.
The SRTS Project Number P SRTS(06) PCN 02CL has awarded $8,000 to the City of
Brookings in infrastructure funding and $38,600 to the Brookings School District in non-
infrastructure funding, with 100% of said costs coming from Federal Highway funds. The
City will be responsible for payment of the costs associated with infrastructure with
reimbursement of said costs being 100% eligible up to the awarded amount.
Approval will authorize the Mayor to enter into a State of South Dakota Safe Routes to
School Agreement between the South Dakota Department of Transportation, the City of
Brookings, and the Brookings School District.
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CONSENT AGENDA #4
D. Action on Resolution No. 99-09, a Resolution Directing Preparation of
Assessment Roll, Dividing Assessments into Installments, and Providing
for the Collection thereof for Alley Assessment Project 2008-04STA (Alley
from 7th Avenue to 8th Avenue between 6th Street and 7th Street).
The Brookings City Council approved Resolution of Necessity 39-08 on May 27th, 2008,
authorizing the City to proceed with bidding for an alley assessment project. This project
consists of two alleys located between 6th Street and 7th Street, and 7th Avenue and 8th
Avenue. The alleys located between these streets are situated in a “T” fashion, with one alley
running north and south, and one alley running east and west. This project is an assessment
project with all of the project costs being assessed to the abutting property owners.
This project has been finalled out, and is ready for the assessment process. This resolution
will direct staff to prepare the assessment roll for this project. There will be two following
resolutions, which will set the hearing date, and to hold the public hearing to levy the
assessment.
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Resolution No. 99-09
Resolution Directing Preparation of Assessment Roll, Dividing Assessments into Installments, and
Providing for the Collection Thereof for Street Assessment Project 2008-04STA
(East/West Alley from 6th Street to 7th Street between 7th Avenue and 8th Avenue)
BE IT RESOLVED by the City Council of the City of Brookings, South Dakota, as follows:
1. More than twenty days have elapsed since the adoption and publication of a Resolution 93-08,
Resolution of Necessity for Street Assessment Project No. 2008-04STA. The referendum has not
been invoked, and no written protests against the making of said improvement have been filed with
the City Manager.
2. A contract for Street Assessment Project No. 2008-04STA has been duly executed, and the City
Council is authorized to levy special assessments pursuant to the provisions of chapter 9-43, SDCL
1967, as amended.
3. The City Engineer has caused an estimate of the expense of the work to be made and filed in City
Hall showing the total cost of said improvement as follows:
Contract price $24,373.68
Engineering, inspection, fiscal,
legal expense and publication 146.24
$24,519.92
4. The total cost of said improvement shall be paid as follows:
Assessable costs $24,519.92
5. There shall be made and filed in the office of the City Manager an assessment roll for said
improvement. The assessments shall be on the basis of benefits upon each lot or tract of land
contiguous to the alley constituting said improvement.
6. The assessment shall be divided into five (5) equal annual installments.
7. Unless paid to the City in advance of maturity, the assessments shall be collected by the City
Manager in accordance with the procedure for Plan One in Chapter 9-43, SDCL 1967, as amended.
8. The interest rate to be borne by the unpaid installments of the special assessment is ten percent
(10%).
Passed and approved this 27th day of October 2009.
CITY OF BROOKINGS
___________________________________
Tim Reed, Mayor
ATTEST:
______________________________
Shari Thornes, City Clerk
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CONSENT AGENDA #4
E. Action on Resolution No. 100-09, a Resolution Amending a Funding
Agreement for Bike Trail Project POENH(147) PCN 00C2 & EM
8006(49) PCN 010A.
The City of Brookings received a grant of Transportation Enhancement funds and High
Priority funds from the South Dakota Department of Transportation for a bike trail project.
The bike trail will extend from the present trail system on the south side of 3M to east of the
I-29, running northerly along the east side of I-29, crossing 6th Street at 32nd Avenue and
terminating at the South Dakota Newspaper Association lot on north 32nd Avenue. This
project also includes a bike trail loop in the South Dakota Arboretum located north of
McCrory Gardens, and a trail linking between 20th Avenue and 22nd Avenue. The City
Council approved Resolution 41-07, approving the Funding Agreement for this project. The
Funding Agreement included Transportation Enhancement Funds of $499,035 and High
Priority funds of approximately $85,000, for an approximate total of $584,035. The exact
level of the High Priority funds was not known by SDDOT at the time of the Funding
Agreement. The High Priority funding level has been increased to $90,613.77.
This resolution will authorize the Mayor to sign Amendment No. 1 to Agreement No.
713475 between South Dakota Department of Transportation and the City of Brookings for
Bike Trail Project POENH(147) PCN 00C2 & EM8006(49) PCN 101A.
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City Council Packet
October 27, 2009
Resolution No. 100-09
Resolution for Amendment No. 1 to Agreement No. 713475
Between South Dakota Department of Transportation and City of Brookings
Bike Trail Project POENH(147) PCN 00C2 & EM 8006(49) PCN 010A
WHEREAS, the City of Brookings has identified the need to complete its multi-use trail system for
adequate transportation; and
WHEREAS, it has been determined by the State of South Dakota that the project is eligible for
Transportation Enhancement Funding and High Priority Funds; and
WHEREAS, the City of Brookings is the sponsoring applicant for funds; and
WHEREAS, the City is capable of administering the federal aid project; and
WHEREAS, the funding level for the high priority project EM 8006(49) PCN 010A has been
increased to $90,613.77; and
THEREFORE, BE IT RESOLVED that the City of Brooking duly authorizes the Mayor of the
City of Brookings to sign Amendment No. 1 to Agreement No. 713476 between South Dakota
Department of Transportation and the City of Brookings.
This resolution is effective immediately upon passage.
Passed and approved this 27th day of October 2009.
CITY OF BROOKINGS
____________________________
Tim Reed, Mayor
ATTEST:
________________________
Shari Thornes, City Clerk
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City Council Packet
October 27, 2009
CONSENT AGENDA #4
F. Action on Resolution No. 101-09, a Resolution Authorizing Final Change
Order (CCO#3 FINAL) for 2008-02STA, 15th Street South, Camelot Drive
and Christine Avenue Street Assessment Project (Winter Brothers
Underground, Inc.)
The 2008-02STA 15th Street South, Christine Avenue and Camelot Drive Assessment
Project entails construction of water main, sanitary sewer main, storm sewer, grading, gravel
and curb and gutter. This project was bid in 2008 and all of the punch list items have been
completed and it is ready to be closed out. This project included more water and sanitary
sewer services due to additional lots being platted along the right-of-ways, causing the final
cost to be higher than the contract amount. This resolution will adjust the contract bid
quantities to as-built quantities for an increase of $1,844.61 to the contract amount. A
summary is:
Original Contract Price: $493,000.00
Decrease from Previously Approved Change Orders 1 and 2: $6,430.00
Contract Price prior to this Change Order: $499,430.00
Increase of this Change Order (No. 3 Final): $1,844.61
Contract Price incorporating this Change Order: $501,274.61
This project also had a contract deadline of August 1, 2008. During the construction last
summer, an adjacent property owner had their wetlands delineated and it was discovered that
wetlands were located on the Camelot Drive right-of-way. The City applied for a wetland
permit with the Corps of Engineers, which was received on September 30, 2008. The
contractor proceeded with installing utilities on Camelot Drive in October 2008, however
October was a rainy month, causing a delay in completing the project. The contractors
proceeded with work this spring and the project was substantially completed on July 22,
2009. The roadway was able to be paved with the 2009-02STA project (Bowes
Construction) before school started this fall. The contractor’s letter requesting an extension
is attached.
This resolution will adjust the final quantities to as-built quantities to final out the project for
a total increase of $1,844.61 to the contract and will adjust the contract deadline to July 22,
2009 with no liquidated damages. After adoption of this resolution, staff will proceed with
the assessment process for this street project.
City Manager recommendation: This project was delayed in 2008 due to wetlands that were
discovered in the right of way of Camelot Drive. The contractor attempted to complete the
work in October 2008, but was delayed by inclement weather. The crews worked to
complete the project in time for the streets to be paved before the fall school opening date.
Due to the delays outside the contractor’s control, I recommend approval without liquidated
damages.
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City Council Packet
October 27, 2009
Resolution No. 101-09
A Resolution Authorizing Final Change Order (CCO#3 Final) For
2008-02STA 15th Street South, Christine Avenue and Camelot Drive Assessment Project –
Winter Brothers Underground, Inc.
BE IT RESOLVED by the City Council that the following change order be allowed for
2008-02STA 15th Street South, Christine Avenue and Camelot Drive Assessment Project:
Construction Change Order Number 3 Final: Adjust estimated bid quantities to “as
build” quantities for a total increase of $1,844.61. Adjust completion date to July 22, 2009.
Passed and approved this 27th day of October, 2009.
CITY OF BROOKINGS
_________________________
Tim Reed, Mayor
ATTEST:
____________________________
Shari Thornes, City Clerk
64
City Council Packet
October 27, 2009
CONSENT AGENDA #4
G. Action on Resolution No.102-09, a Resolution Authorizing Change Order
(CCO#1) for 2008-123 Sieler Addition Street Project (Clark Drew
Construction, Inc.).
The 2008-123 Sieler Addition Street Project entails construction of water main, sanitary
sewer main, grading, gravel, curb and gutter and asphalt for the Sieler Addition. This is a
TIF project with Oakwood Equity as the owner of the development. This project was bid in
2008 and is nearing completion. During construction, subsurface water was creating
difficulty in stabilizing the streets and required extra work to install 8” double walled pvc
drain pipe to alleviate subsurface water in Cardinal Drive. This work caused an increase of
$18,279.20 to the contract, as well as a time extension of 24 days from June 30, 2009 to July
24, 2009. This change order will authorize the increase of $18,279.20 to the project and
extend the contract deadline to July 24, 2009 and has been approved by the owners of the
development. A summary is:
Original Contract Price: $232,891.23
Increase from Previously Approved Change Orders: $0.00
Contract Price prior to this Change Order: $232,891.23
Increase of this Change Order (No. 1): $18,279.20
Contract Price incorporating this Change Order: $251,170.43
This resolution will approve Change Order No. 1, authorizing the drain pipe work and will
extend the contract deadline to July 24, 2009.
Resolution No. 102-09
A Resolution Authorizing Change Order No. 1(CCO#1) For
2008-123 Sieler Addition Street Project
Clark Drew Construction, Inc.
BE IT RESOLVED by the City Council that the following change order be allowed for
2008-123 Sieler Addition Street Project:
Construction Change Order Number 1
Adjust contract for additional work to install 8” double wall pvc drain pipe for a total
increase of $18,279.20
Adjust contract completion date by 24 days to July 24, 2009
Passed and approved this 27th day of October, 2009.
CITY OF BROOKINGS
_________________________
ATTEST: Tim Reed, Mayor
____________________________
Shari Thornes, City Clerk
66
City Council Packet
October 27, 2009
CONSENT AGENDA #4
H. Action on Resolution No. 103-09, a Resolution Authorizing Final Change
Order (CCO #2 FINAL) for 2008-123 Sieler Addition Street Project
(Clark Drew Construction, Inc.).
The 2008-123 Sieler Addition Street Project entails construction of water main, sanitary
sewer main, grading, gravel, curb and gutter and asphalt for the Sieler Addition. This is a
TIF project with Oakwood Equity as the owner of the development. This project was bid in
2008 and all of the punch list items have been completed and the project is ready to be
closed out. The final quantities for the project resulted in a decrease of $10,931.38 to the
project. The project was completed on September 15, 2009, and the owners did not
authorize an extension to the current contract date of July 24, 2009, which resulted in
liquidated damages being withheld for 53 days at $100 per day. This change order will adjust
the final quantities to as-built quantities for a total decrease of $10,931.38 to the project and
has been approved by the owners of the development. A summary is:
Original Contract Price: $232,891.23
Increase from Previously Approved Change Order 1: $18,279.20
Contract Price prior to this Change Order: $251,170.43
Decrease of this Change Order (No. 2 final): $10,931.38
Contract Price incorporating this Change Order: $240,239.05
This resolution will adjust the final quantities to as-built quantities for a total decrease of
$10,931.38 to final out the project.
Resolution No. 103-09
A Resolution Authorizing Change Order No. 2(CCO#2 final) for
2008-123 Sieler Addition Street Project
Clark Drew Construction, Inc.
BE IT RESOLVED by the City Council that the following change order be allowed for
2008-123 Sieler Addition Street Project:
Construction Change Order Number 2 final: Adjust final quantities to as-built quantities
for a total decrease of $10,931.38 to final out the project.
Passed and approved this 27th day of October, 2009.
CITY OF BROOKINGS
_________________________
ATTEST: Tim Reed, Mayor
____________________________
Shari Thornes, City Clerk
67
City Council Packet
October 27, 2009
CONSENT AGENDA #4
I. Action on Resolution No. 104-09, a Resolution Authorizing Change
Order (CCO#2) for 2008-09STI Rio Grande, Napa Valley, and
Cumberland Court Project (Rounds Construction).
The 2008-09STI 02STA Rio Grand, Napa Valley and Cumberland Court Project entails
construction of water main, sanitary sewer main, storm sewer, grading, gravel and curb and
gutter for Valley View Phase I. This is a TIF project with Blair Hill Properties, Inc. as the
owner of the development. This project was bid in 2008 and is nearing completion. During
construction, the location of the 12” pvc watermain along 20th Street South was moved from
the south side of 20th Street South to the north side of 20th Street South. The construction
plans were revised by Banner Associates and approved by Brookings Municipal Utility staff
and City Engineering staff. This change order will authorize the water main revisions and
has been approved by the owners of the development. A summary is:
Original Contract Price: $523,912.61
Decrease from Previously Approved Change Order 1: $8,320.00
Contract Price prior to this Change Order: $523,912.61
Increase of this Change Order (No. 2): $0.00
Contract Price incorporating this Change Order: $523,912.61
This resolution will approve Change Order No. 2, authorizing the water main location
revision.
Resolution No. 104-09
A Resolution Authorizing Change Order No. 2(CCO#2) For
2008-09STI Rio Grand, Napa Valley & Cumberland Court Project
Rounds Construction
BE IT RESOLVED by the City Council that the following change order be allowed for
2008-09STI Rio Grand, Napa Valley & Cumberland Court Project:
Construction Change Order Number 2: Move 12” Water main to the north side of 20th
Street South
Passed and approved this 27th day of October, 2009.
CITY OF BROOKINGS
_________________________
ATTEST: Tim Reed, Mayor
____________________________
Shari Thornes, City Clerk
68
City Council Packet
October 27, 2009
CONSENT AGENDA #4
J. Action on Resolution No. 105-09, a Resolution Authorizing Change
Order (CCO#3) for 2008-09STI Rio Grande, Napa Valley, and
Cumberland Court Project (Rounds Construction).
The 2008-09STI 02STA Rio Grand, Napa Valley and Cumberland Court Project entails
construction of water main, sanitary sewer main, storm sewer, grading, gravel and curb and
gutter for Valley View Phase I. This is a TIF project with Blair Hill Properties, Inc. as the
owner of the development. This project was bid in 2008 and is nearing completion. During
the project, additional work was required to patch asphalt on 20th Street South, core into
sanitary sewer manholes, boring to install the 8” water line, roadway shaping, and a live
water tap for a total increase of $15,192.10 to the project. This change order will authorize
the increase of $15,192.10 the project and has been approved by the owners of the
development. A summary is:
Original Contract Price: $523,912.61
Increase from Previously Approved Change Order 1 & 2: $8,320.00
Contract Price prior to this Change Order: $523,912.61
Increase of this Change Order (No. 3): $15,192.10
Contract Price incorporating this Change Order: $547,424.30
This resolution will approve Change Order No. 3, authorizing the increase of $15,192.10 for
the additional work for the project.
Resolution No. 105-09
A Resolution Authorizing Change Order No. 3(CCO#3) For
2008-09STI Rio Grand, Napa Valley & Cumberland Court Project
Rounds Construction
BE IT RESOLVED by the City Council that the following change order be allowed for
2008-09STI Rio Grand, Napa Valley & Cumberland Court Project:
Construction Change Order Number 3: Adjust contract for additional work for
asphalt patching, coring sanitary sewer manholes, boring 8” water line, roadway shaping, and
live water tap for an increase of $15,192.10 to the contract.
Passed and approved this 27th day of October, 2009.
CITY OF BROOKINGS
_________________________
ATTEST: Tim Reed, Mayor
____________________________
Shari Thornes, City Clerk
69
City Council Packet
October 27, 2009
CONSENT AGENDA #4
K. Action on Resolution No. 106-09, a Resolution Authorizing Change
Order (CCO#4) for 2008-09STI Rio Grande, Napa Valley, and
Cumberland Court Project (Rounds Construction).
The 2008-09STI 02STA Rio Grand, Napa Valley and Cumberland Court Project entails
construction of water main, sanitary sewer main, storm sewer, grading, gravel and curb and
gutter for Valley View Phase I. This is a TIF project with Blair Hill Properties, Inc. as the
owner of the development. This project was bid in 2008 and is nearing completion. The
owners of the development have proposed to install additional storm sewer in the back yard
areas and along the southern portion of the project for a total increase of $38,802.24 to the
contract. This change will be verified by the City Engineering staff. This change order will
authorize the increase of $38,802.24 and will also extend the final completion of the project
to December 15, 2009, which was approved by the owners of the development. A summary
is:
Original Contract Price: $523,912.61
Increase from Previously Approved Change Order 1, 2 & 3: $23,512.10
Contract Price prior to this Change Order: $547,424.30
Increase of this Change Order (No. 4): $38,802.24
Contract Price incorporating this Change Order: $586,226.54
This resolution will approve Change Order No. 4, authorizing the increase of $38,802.24 for
the additional storm sewer for the project and will extend the final completion date to
December 15, 2009.
Resolution No.106-09
A Resolution Authorizing Change Order No. 4(CCO#4) For
2008-09STI Rio Grand, Napa Valley & Cumberland Court Project
Rounds Construction
BE IT RESOLVED by the City Council that the following change order be allowed for
2008-09STI Rio Grand, Napa Valley & Cumberland Court Project:
Construction Change Order Number 4
Adjust contract for additional storm sewer and rear yard area drains for an increase
of $38,802.24 to the contract.
Adjust the contract final completion date to December 15, 2009.
Passed and approved this 27th day of October, 2009.
CITY OF BROOKINGS
_________________________
ATTEST: Tim Reed, Mayor
____________________________
Shari Thornes, City Clerk
70
City Council Packet
October 27, 2009
Presentations/Reports/Special Requests:
5. Recognition of Governor’s Awards for Employment of People who have
Disability Nominees.
The Governor’s Award is a program that recognizes individuals and employers for their
contributions to the rehabilitation and employment of persons with disabilities in South
Dakota. The Brookings Committee for People who have Disabilities and Brookings
NDEAM (National Disability Employment Awareness Month) Committee are nominating
the following local nominations for the 2010 Governor’s Awards.
1) Outstanding Large Private Employer (non-government) – Aramark, Inc.
2) Outstanding Small Private Employer (non-government) – Valley Restaurant
3) Outstanding Employee with a Disability – Kristi Glenn (McDonalds Restaurant)
4) Outstanding Citizen with a Disability – Amy McGregor
Nominations will then be submitted to the Governor’s Advisory Committee on Employment
of People with Disabilities for statewide competition for the Governor’s Awards. Final selection
for these awards will be made by the Governor’s Committee in early January 2020.
Award Categories:
• OUTSTANDING EMPLOYEE WITH A DISABILITY: This award is given to an employee with a
disability in recognition of outstanding achievements in competitive employment by overcoming a disability
as well as providing inspiration for other individuals with disabilities.
• OUTSTANDING CITIZEN WITH A DISABILITY: This award is given to an individual with a
disability in recognition of outstanding achievements in overcoming a disability and for the promotion of
independent living and employment opportunities for other individuals with disabilities.
• OUTSTANDING EMPLOYER: These awards are offered for outstanding achievement in improving
employment opportunities for persons with disabilities: small private employer (non-government); large
private employer (non-government); or public employer (local, county, state, or federal governmental entity)
of any size.
• DISTINGUISHED SERVICE: This award is given to an individual or organization in public recognition
of extraordinary contributions to advancing the empowerment and employment of people with disabilities.
Individuals or organizations should have contributions spanning 10 or more years.
• PUBLIC PERSONNEL: This award is given to an outstanding South Dakota employee of any local,
county, state or federal agency who has made a substantial contribution towards the employment of people
with disabilities. Experience should span over a period of at least 10 years.
Past Statewide Winners From Brookings:
Outstanding Public Employer
SDSU 1995
SDSU 2002
Outstanding Private Employer (large)
Daktronics, Inc. 1997
Larson Mnfg 2003
Outstanding Private Employer (small)
Goodwill Ind. 1996
Brookings Register 1999
Outstanding Public Personnel
Shari Dunn 1995
Distinguished Service
Donna Yocom 1997
Gerald (Jerry) Raabe 2008
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City Council Packet
October 27, 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.
President - Matt Tollefson
Vice President – Michael Kendall
Administrative Assistant – Brandon Bausch
Finance Chair – Ashley Dumke
State & Local Chair – Catherine Grandorff
http://studentorgs.sdstate.org/studentsassociation/Default.htm
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City Council Packet
October 27, 2009
Ordinances – 1st Readings**
** No vote is taken on the first reading of ordinances. The title of the ordinance is read and
the date for the public hearing is announced.
8. Ordinance No. 27-09: Budget Amendment #2, An Ordinance
Authorizing a Supplemental Appropriation to the 2009 Budget for the
Purpose of Providing for Additional Funds for the Operation of the City.
Public Hearing: November 17th
Enclosed for City Council review and action is the second and presumably final budget
amendment for the year which addresses projects and bids accepted by Council during the
2009 calendar year.
Projects included building improvements done for the Brookings Public Library, Swiftel
Center and the Larson Ice Arena. The Library added a coffee shop financed by private
donations and the air conditioner at the Library had to be replaced this summer. The Swiftel
Center has been experiencing a leaking roof because of the design. The copulas are being
removed. The Larson Ice Arena added a front entrance and upgraded the red rink seating
and locker rooms. BISA has donated $365,451 for the red rink project. Dale Larson is
donating and financing the front entrance project.
The budget amendment also recognizes the loss of interest income and building permits due
to the economy.
Several grants were received by the Police Department and Community Development
received the Safe Routes to School Grant.
The budget amendment for the Storm Drainage is recognizing the action to purchase land
for the Storm Drainage Project #1.
The miscellaneous amendments to the General Fund create neither an increase nor decrease
over all.
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City Council Packet
October 27, 2009
Ordinance No. 27-09
An Ordinance Entitled “an Ordinance Authorizing a Supplemental Appropriation to the 2009 Budget for the
Purpose of Providing for Additional Funds for the Operation of the City.
BE IT ORDAINED BY THE CITY OF BROOKINGS, SOUTH DAKOTA:
WHEREAS, there is a need to adjust the 2009 budget to respond to the actual revenues and
expenditures in fiscal year 2009,
AND WHEREAS, there is a need to allocate the non departmental expenditures and the
contingency for an emergency purchase of an air conditioning system for the library and allocate
payment for a judgment,
AND WHEREAS, the non departmental revenue for interest income, licensing, and transfer from
Library Donations is less than anticipated,
AND WHEREAS, the building permits were less than anticipated,
AND WHEREAS, the Library coffee shop funded by donations was less than anticipated,
AND WHEREAS, the City of Brookings has been awarded the Safe Routes to School,
AND WHEREAS, the City of Brookings has received a donation and a loan to complete the Larson
Ice Arena improvement project,
AND WHEREAS, there was a change order on a fire truck and the removal of copulas from the
roof of the Swiftel Center was a necessary repair and the railroad crossing improvement was less
than anticipated,
AND WHEREAS, land was purchased for the development of storm drainage project #1,
AND WHEREAS, tax increment district 3 and 4 have received revenues and development has
begun,
AND WHEREAS THE CITY CHARTER allows that “if during the fiscal year the City Manager
certifies that there are available for appropriation revenues in excess of those estimated in the
budget, the City Council by ordinance may make supplemental appropriations for the year up to the
amount of such excess”. This Ordinance is declared to be for the support of the municipal
government and its existing public institutions and it shall be in full force and effect after its passage
and publication.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL that the City Manager be
authorized to make the following budget adjustments to the 2009 budget:
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City Council Packet
October 27, 2009
Budget Amendment #2
Revenue Expense
Other-Non-Dept, Gen Gov Buildings, IT (72,244)8
Public Safety-Police, Fire, Animal Control 8,397 12,904
Public Works-Engineer, Street (7,500)(27,354)
Culture-Park, Recreation, & Library 485,000 436,885
Community Development 21,290 12,500
Total General Government 434,943 434,943
25% Sales & Use Tax 15,180
Public Improvement (11,156)
Swiftel Center 13,653 13,653
Library Donations (48,115)
Special Assessment (176,500)19,584
Storm Drainage 180,675
Total Special Revenue Funds (147,667)154,641
TIF#1 Debt Service 24,218
TIF#2 Debt Service 1,822
Total Tax Increment Debt Service 26,040
Streetscape 335,989 95,474
TIF#3 Valley View 1,035,000 1,035,000
TIF#4 Sieler Addition 440,000 440,000
Total Capital Projects 1,810,989 1,570,474
ALL ORDINANCES or parts of Ordinances in conflict herewith are hereby repealed.
FIRST READING: October 27, 2009
SECOND READING: November 17, 2009
PUBLISHED: November 20, 2009
CITY OF BROOKINGS
_________________________
Tim Reed, Mayor
ATTEST
____________________________
Shari Thornes, City Clerk
75
Page 1 of 20General Ledger Budget to Actual Period 01 ‐ 10 2009 2009 2009 2009 2009 2009 2009Account Number Description Budget Budget Adjustments Amended Budget Credits Debits Avail/Uncollect Amend Oct101 General Government 101‐000‐4‐111‐07 Mobile Home Taxes 2,100.00 0 2,100.00 16,218.38 201.25‐13,917.13 13,920.00101‐000‐4‐111‐09 Bank Franchise Taxes 66,000.00 0 66,000.00 72,499.80 0‐6,499.80‐6,500.00101‐000‐4‐221‐07 Licenses/Resturant Liquor 18,500.00 0 18,500.00 0 0 18,500.00‐18,500.00101‐000‐4‐338‐03 County/Wheel Tax 17,000.00 0 17,000.00 43,951.90 0‐26,951.90 26,951.00101‐000‐4‐661‐00 Interest Income 120,000.00 0 120,000.00 34,500.72 593.02 86,092.30‐40,000.00101‐000‐6‐700‐00 Transfer in From Library 0 80,000.00 80,000.00 0 0 80,000.00‐48,115.00000 General 223,600.00 80,000.00303,600.00 167,170.80 794.27 137,223.47‐72,244.00101‐405‐5‐422‐03 Consulting/Engineering 25,000.00 0 25,000.00 4,546.28 2,564.85 23,018.57‐15,000.00101‐405‐5‐429‐09 Miscellanous‐Judgement 0.00 0 0 0.00 50,007.78 50,007.78 50,008.00101‐405‐5‐856‐65 Public Relations 20,000.00 0 20,000.00 0 0 20,000.00‐20,000.00101‐405‐5‐856‐96 Matching Grant Expense 15,000.00 0 15,000.00 0 0 15,000.00‐15,000.00101‐405‐5‐856‐99 Contingency Fund 40,000.00 46,144.00 86,144.00 0 0.00 86,144.00‐85,906.00405 Non‐Departmental 100,000.00 46,144.00146,144.00 4,546.28 52,572.63 194,170.35‐85,898.00101‐417‐5‐920‐00 Furniture & Equipment 3,000.00 0 3,000.00 0 87,985.40 90,985.40 85,906.00417 Government Buildings 3,000.00 0.00 3,000.000.00 87,985.40 90,985.40 85,906.00101‐418‐4‐221‐06 Housing Licenses 8,500.00 0 8,500.00 17,015.00 0‐8,515.00 8,500.00101‐418‐4‐223‐01SignPermits0.00002,790.000‐2,790.002,790.00101‐418‐4‐223‐01Sign Permits0.00002,790.000‐2,790.002,790.00101‐418‐4‐334‐10 Grants Federal 0.00 0 0 2,198.70 0‐2,198.70 10,000.00418 Community Development 8,500.00 0.00 8,500.00 22,003.70 0.00‐13,503.70 21,290.00101‐418‐5‐425‐02 Maintenance Motor Vehicles 0.00 500 500 0 938.3‐438.30 1,000.00101‐418‐5‐428‐01 Telephone 2,520.00 0 2,520.00 0 2,700.13‐180.13 500.00101‐418‐5‐428‐02 Electric and Water 0.00 200 200 0 662.95‐462.95 1,000.00101‐418‐5‐441‐04 Safe Routes to School 0.00 0 0 0 2,443.00‐2,443.00 10,000.00418 Community Development 19,520.00 700.00 20,220.00 44,007.40 6,744.38‐30,531.78 12,500.00101‐419‐4‐223‐01 Building Permits/Engineer Fees 154,700.00 0 154,700.00 113,377.80 473 267,604.80‐7,500.00419 Engineering 154,700.00 0.00154,700.00 113,377.80 473.00 267,604.80‐7,500.00101‐421‐4‐334‐09 Grants 20,000.00 0 20,000.00 21,586.06 180.56‐1,405.50 1,400.00101‐421‐4‐446‐10 Donations 0.00 0 0 1,000.00 0‐1,000.00 1,000.00101‐421‐4‐446‐11 Dare Donations 3,000.00 0 3,000.00 4,940.23 0‐1,940.23 1,940.00421 Police Services 23,000.00 0.0023,000.00 27,526.29 180.56‐4,345.73 4,340.00
Page 2 of 20General Ledger Budget to Actual Period 01 ‐ 10 2009 2009 2009 2009 2009 2009 2009Account Number Description Budget Budget Adjustments Amended Budget Credits Debits Avail/Uncollect Amend Oct101‐421‐5‐101‐00 Regular Pay 1,482,818.00 6,000.00 1,488,818.00 5,148.50 1,098,709.56 395,256.94‐15,000.00101‐421‐5‐422‐09 Testing Services 1,500.00 0 1,500.00 0 5,738.90‐4,238.90 5,000.00101‐421‐5‐426‐01 Office Supplies 8,000.00 0 8,000.000 6,105.72 1,894.28 9,000.00101‐421‐5‐429‐10 Dare Expenditures 3,000.00 0 3,000.00 0 3,642.95‐642.95 1,297.00101‐421‐5‐950‐01 Capital less than $5,000 10,210.00 0 10,210.00 0 18,295.64‐8,085.64 8,100.00421 Police Services 1,505,528.00 6,000.00 1,511,528.00 5,148.50 1,132,492.77 384,183.73 8,397.00101‐422‐4‐335‐06 Fire Insurance Premium 47,000.00 0 47,000.00 51,057.23 0‐4,057.23 4,057.00422 Fire Protection Services 47,000.00 0.0047,000.00 51,057.23 0.00‐4,057.23 4,057.00101‐422‐5‐121‐10 Retirement/Volunteer Firemen 92,000.00 0 92,000.00 0 96,057.23‐4,057.23 4,057.00422 Fire Protection Services 92,000.00 0.0092,000.00 0.00 96,057.23‐4,057.23 4,057.00101‐426‐5‐428‐08 Sirens 1,700.00 0 1,700.00 0 2,130.79‐430.79 450.00426 Emergency/Disaster 1,700.00 0.00 1,700.00 0.00 2,130.79‐430.79 450.00101‐431‐5‐930‐00 Machinery & Auto Equipment 249,419.00 0 249,419.00 0 214,697.97 34,721.03‐27,354.00431 Street 249,419.00 0.00 249,419.00 0.00 214,697.97 34,721.03‐27,354.00101‐452‐4‐446‐10 Donations 250,000.00 160,000.00 410,000.00 20,495.00 0 430,495.00 333,350.00101‐452‐4‐692‐00 Other Financing Sources 0.00 0 0 0 0 0.00 151,650.00452 Parks 250,000.00 160,000.00 410,000.00 20,495.00 0.00 430,495.00 485,000.00101‐452‐5‐911‐00Building&Structures590,000.00150,000.00740,000.000899,454.07‐159,454.07485,000.00101‐452‐5‐911‐00Building & Structures590,000.00150,000.00740,000.000899,454.07‐159,454.07485,000.00452 Parks 590,000.00 150,000.00 740,000.00 0.00 899,454.07‐159,454.07 485,000.00101‐455‐5‐911‐00 Building & Structures 0.00 80,000.0080,000.00 0 31,885.60 48,114.40‐48,115.00455 Library 0.00 80,000.00 80,000.00 0.00 31,885.60 48,114.40‐48,115.00101 General Government 1,854,367.00 42,844.00 1,897,211.00‐347,928.64 2,522,573.01‐255,715.57 0.00
Page 3 of 20General Ledger Budget to Actual Period 01 ‐ 10 2009 2009 2009 2009 2009 2009 2009Account Number Description Budget Budget Adjustments Amended Budget Credits Debits Avail/Uncollect Amend Oct 212‐000‐4‐342‐99 Misc/Change Order Fire Trucks 0.00 0 0 15,180.00 0 15,180.00 15,180.00212 25% Sales & Use Tax/ord 0.00 0.00 0.00 15,180.00 0.00 15,180.00 15,180.00 213‐000‐5‐940‐00 Other Capital 40,000.00 0 40,000.00 0 15,190.81 24,809.19‐24,809.00213‐000‐7‐899‐03 Transfer out‐Swiftel CIP 70,000.00 33,970.00 103,970.000 21,720.87 82,249.13 13,653.00213 75% Public Improvemnts/ord 110,000.00 33,970.00 143,970.00 0.00 36,911.68 107,058.32‐11,156.00 224‐000‐6‐700‐04 Transfer in Sales & Use Tax 70,000.00 33,970.00 103,970.0021,720.87 0 82,249.13 13,653.00224 Swiftel Center 70,000.00 33,970.00 103,970.0021,720.87 0.00 82,249.13 13,653.00224‐000‐5‐940‐01 Capital 70,000.00 33,970.00 103,970.00 0 16,177.07 87,792.93 13,653.00224 Swiftel Center 70,000.00 33,970.00 103,970.000.00 16,177.07 87,792.93 13,653.00 227‐000‐7‐899‐00 Transfer out General Fund 0.00 80,000.00 80,000.00 0 0 80,000.00‐48,115.00227 Library Donations 0.00 80,000.0080,000.00 0.00 0.00 80,000.00‐48,115.00 280‐000‐4‐663‐43 Special Assessment Deferred 41,000.00 0 41,000.00 15,559.14 415.52 25,856.38‐20,000.00280‐000‐4‐663‐45SpecialAssessmentCurrent235,000.00465,000.00700,000.0016,438.770683,561.23‐156,500.00280‐000‐4‐663‐45Special Assessment Current235,000.00465,000.00700,000.0016,438.770683,561.23‐156,500.00280 Special Assessment 276,000.00 465,000.00741,000.00 31,997.91 415.52 709,417.61‐176,500.00280‐000‐5‐960‐00 Street & Sidewalk Improvements 400,000.00 535,000.00 935,000.00 0 332,362.06 602,637.94‐265,000.00280‐000‐7‐899‐25 Transfer out to Streetscape 0.00 0.00 0.00 0 0.00 284,584.00280 Special Assessment 400,000.00 535,000.00 935,000.00 0.00 332,362.06 602,637.94 19,584.00 282 Storm Drainage 282‐000‐5‐910‐00 Land 126,000.00 0 126,000.00 0 0 126,000.00 180,675.00282 Storm Drainage 126,000.00 0.00 126,000.00 0.00 0.00 126,000.00 180,675.00 314‐000‐4‐111‐04 Current TIF Taxes 0 0 0 12,109.16 0 12,109.16 24,218.00314 TIF Dist #1 Debt Serv/Innov 0.00 0.00 0.00 12,109.16 0.00 12,109.16 24,218.00 315‐000‐4‐111‐04 Current TIF Taxes 0 0 0 911.11 0 911.11 1,822.00
Page 4 of 20General Ledger Budget to Actual Period 01 ‐ 10 2009 2009 2009 2009 2009 2009 2009Account Number Description Budget Budget Adjustments Amended Budget Credits Debits Avail/Uncollect Amend Oct315 TIF Dist #2/ Debt Serv/Weise 0.00 0.00 0.00 911.11 0.00 911.11 1,822.00 513‐000‐4‐446‐08 BMU/Reimbursed Expense 0 50,000.00 50,000.0010,573.24 0 39,426.76 47,405.00513‐000‐6‐700‐10 Transfer in Special Assessment 0.00 0 0.00 0 0 0.00 288,584.00513 Streetscape Project 0.00 50,000.00 50,000.0010,573.24 0.00 39,426.76 335,989.00513‐000‐5‐940‐00 Streets and Sidewalks 0 868,199.00 868,199.00 2,265.00 979,982.82‐109,518.82 95,474.00513 Streetscape Project 0.00 868,199.00868,199.00 2,265.00 979,982.82‐109,518.82 95,474.00 516 TIF Dist#3 Project/Valley View 516‐000‐4‐653‐50 Proceeds from Debt 0 0 0 242,961.39 124,097.08 118,864.31‐1,035,000.00516 TIF Dist#3 Project/Valley View 0 0.00 0.00 242,961.39 124,097.08 118,864.31‐1,035,000.00516‐000‐5‐429‐09 Other Project Expenses 0 0 0 117,097.08 164,884.77‐47,787.69 200,000.00516‐000‐5‐433‐01 Project Construction 0 0 0 0 28,055.53‐28,055.53 835,000.00516 TIF Dist#3 Project/Valley View 0.00 0.00 0.00 117,097.08 192,940.30‐75,843.22 1,035,000.00 517‐000‐4‐653‐50 Proceeds from Debt 0 0 0 269,745.30 0 269,745.30‐440,000.00517 TIF Dist #4 Project/Sieler 0.00 0.000.00 269,745.30 0.00 269,745.30‐440,000.00517‐000‐5‐429‐09OtherProjectExpense00049,660.5492,427.40‐42,766.8650,000.00517‐000‐5‐429‐09Other Project Expense00049,660.5492,427.40‐42,766.8650,000.00517‐000‐5‐433‐01 Project Construction 0 0 0 2,500.00 229,478.44‐226,978.44 390,000.00517 TIF Dist #4 Project/Sieler 0.00 0.00 0.00 52,160.54 321,905.84‐269,745.30 440,000.00
City Council Packet
October 27, 2009
Ordinances – 1st Readings**
** No vote is taken on the first reading of ordinances. The title of the ordinance is read and
the date for the public hearing is announced.
9. Ordinance No. 28-09: An ordinance amending the zoning ordinance of
the City of Brookings and pertaining to off-street parking requirements
for a two-family dwelling for the purposes of administration of the
zoning ordinance
Public Hearing: November 17th
Proposal: Create additional on-premise parking requirements for two-family dwellings.
Background: A two-family dwelling is required to have at least two parking spaces for each
dwelling unit. This number has remained unchanged since 1987. These spaces may be in
tandem or side-by-side.
Specifics: The change will require additional on-premise parking whenever a dwelling unit
contains 3 or more bedrooms. Therefore, a newly established two-family dwelling could be
required to have 4, 5 or 6 on-premise parking spaces depending upon the number of total
bedrooms.
Recommendation: The Planning Commission voted 5 yes and 0 no to recommend approval
of the amendment.
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Ordinance No. 28-09
An ordinance amending the zoning ordinance of the City of Brookings and pertaining to
off-street parking requirements for a two-family dwelling for the purposes of administration
of the zoning ordinance
Be it ordained by the Council of the City of Brookings, State of South Dakota: that Division 4.
Parking, Stacking and Loading, of Article VI of Chapter 94 shall be amended as follows:
Section 1.
Sec. 94-433. Off Street Parking Requirements
(c).1. Single-family dwelling or two-family dwelling, condominium or townhouse: Two (2) spaces for
each dwelling unit. Each garage stall shall be considered one parking space.
(c).1.a. Two-family dwelling: Two (2) spaces for each dwelling unit and one (1) additional space
for each dwelling unit with 3 or more bedrooms. Each garage stall shall be considered one
parking space.
Section 2. Any or all ordinances in conflict herewith are hereby repealed.
FIRST READING: October 27, 2009
SECOND READING: November 17, 2009
PUBLISHED:
CITY OF BROOKINGS, SOUTH DAKOTA
___________________________________
Tim Reed, Mayor
ATTEST:
________________________
Shari Thornes, City Clerk
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Planning Commission
Brookings, South Dakota
October 6, 2009
OFFICIAL MINUTES
Acting Chairperson Greg Fargen called the regular meeting of the City Planning
Commission to order on October 6, 2009 at 8:00 PM in the Council Chamber at City Hall. Members
present were Wayne Avery, Alan Gregg, John Gustafson, Mike Cameron, and Fargen. Stacey
Howlett, Larry Fjeldos, Dave Kurtz and Al Heuton were absent. Also present were Connie
McKnight, Barb Lindsey, Ardis Johnson, Beverly Dobbs, City Manager Jeff Weldon, City Engineer
Jackie Lanning, Community Development Director Mike Struck, Planning and Zoning
Administrator Dan Hanson and others.
Item #7 – The City of Brookings has submitted an amendment to the Zoning Ordinance pertaining
to Off-street parking requirements for a two-family dwelling.
(Cameron/Gustafson) Motion to approve the amendment. All present voted aye.
MOTION CARRIED.
SUMMARY OF DISCUSSION
Item #7 – Hanson remarked that the proposed ordinance would link units and bedrooms to
required parking spaces for a duplex much like the current requirements do for apartments.
Connie McKnight, a resident, asked if the regulations pertained to existing duplexes that
wanted to add a bedroom. Hanson responded yes. Barb Lindey, a resident, was concerned about
cars parked on the street. She felt it could be difficult to use the street for emergency vehicles.
Hanson noted that on-street parking issues needed to be brought to the attention of other city
departments.
Ardis Johnson, a resident, felt that landlords should provide adequate parking on their
property for the tenant’s vehicles. Mason Wheeler, a resident, felt the city had a parking problem in
areas where there were a lot of duplexes.
City Engineer Jackie Lanning remarked that restricting on-street parking may not reduce the
number of cars that use the street for parking. Beverly Dobbs, a resident, felt the regulations could
be applied retroactively to existing duplexes.
Fargen stated that the ordinance was a step in the right direction. Cameron felt that the loss
of green space and minimum lot area regulations for duplexes may need to be reviewed in the
future. Alan Gregg concurred with Cameron. He felt parking on one side of the street only could be
an option.
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PARKING REGULATION HISTORY
(residential uses)
DATE/ORD. USE/CHANGE SPACES/UNIT
1957/ No. 317 1 & 2 family dwellings 1
Multi-family (3 or more units) 1
1966/ No. 520 1 & 2 family dwellings 1
Multi-family (3 or more units) 1 ½
Boardinghouses 1/tenant
Parking prohibited in minimum
front yard setback area of lot
1968/ No. 558 Off-street parking required to
be on same lot as use
1974/ No. 1-74 Multi-family (3 or more units) 2
1980/ No. 22-80 Parking prohibited in minimum
front yard setback or building
setback line, whichever is greater
1987/ No. 9-87 1 & 2 family dwellings 2
Multi-family (3 or more units) 2-exclusive
of garages
1994/ No. 8-94 1 & 2 family dwellings, town- 2
houses and condominiums
Apartments (3 units or more) 2-plus one space
for each bedroom
in excess of one
bedroom, exclusive
of garages
_____________________________________________________________________________
PARKING REGULATIONS IN PUBLIC R.O.W. (non-zoning)
Sec. 82-428. (7) – Parking is prohibited upon any boulevard except when a special boulevard parking
permit is granted pursuant to policies and procedures established by the City Council.
Sec. 82-432. – Parking of vehicles, trailers or implements on any street or avenue, in excess of 72
hours, is prohibited
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City Council Packet
October 27, 2009
Ordinances – 1st Readings**
** No vote is taken on the first reading of ordinances. The title of the ordinance is read and
the date for the public hearing is announced.
10. Ordinance No. 29-09: An ordinance amending the zoning ordinance of
the City of Brookings and pertaining to Emergency Services as a
permitted use in certain business and industrial districts for the purposes
of administration of the zoning ordinance.
Public Hearing: November 17th
Proposal: Create a new use and definition for emergency services that would include
temporary living quarters in a non-residential district.
Specifics: An emergency service such as a firehouse, ambulance service or similar use has
been covered under the “governmental administration” use category. This use is a permitted
special use in most residential districts.
This ordinance would expand the use into a few business and industrial districts where an
existing facility could be retrofitted to accommodate a mixed use. This could be an option
for an ambulance service if it was not housed on the same grounds as a hospital.
Recommendation: The Planning Commission voted 5 yes and 0 no to recommend approval
of the amendment
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City Council Packet
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Ordinance No. 29-09
An ordinance amending the zoning ordinance of the City of Brookings and pertaining to
Emergency Services as a permitted use in certain business and industrial districts for the
purposes of administration of the zoning ordinance
Be it ordained by the Council of the City of Brookings, State of South Dakota: that Article I.
Definitions and Article IV. District Regulations of Chapter 94 shall be amended as follows:
Section 1.
Sec. 94-1. Definitions
Emergency Services: A building or use where equipment and vehicles are kept for the
purpose of immediate response to local emergencies. This term may also include
temporary living quarters within the building for emergency response personnel who
are on active duty.
Sec. 94-134. Business B-3 Heavy District
(c) Permitted Uses
20. Emergency Services
Sec. 94-136. Industrial I-1 Light District
(c) Permitted Uses
17. Emergency Services
Sec. 94-162. Industrial I-2 Heavy District
(c) Permitted Uses
18. Emergency Services
Section 2. Any or all ordinances in conflict herewith are hereby repealed.
FIRST READING: October 27, 2009
SECOND READING: November 17, 2009
PUBLISHED:
CITY OF BROOKINGS, SOUTH DAKOTA
___________________________________
Tim Reed, Mayor
ATTEST:
________________________
Shari Thornes, City Clerk
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City Council Packet
October 27, 2009
Planning Commission
Brookings, South Dakota
October 6, 2009
OFFICIAL MINUTES
Acting Chairperson Greg Fargen called the regular meeting of the City Planning
Commission to order on October 6, 2009 at 8:00 PM in the Council Chamber at City Hall. Members
present were Wayne Avery, Alan Gregg, John Gustafson, Mike Cameron, and Fargen. Stacey
Howlett, Larry Fjeldos, Dave Kurtz and Al Heuton were absent. Also present were Connie
McKnight, Barb Lindsey, Ardis Johnson, Beverly Dobbs, City Manager Jeff Weldon, City Engineer
Jackie Lanning, Community Development Director Mike Struck, Planning and Zoning
Administrator Dan Hanson and others.
Item #6- The City of Brookings has submitted an amendment to the Zoning Ordinance pertaining
to Emergency Services as a permitted use in certain business and industrial districts.
(Cameron/Gustafson) Motion to approve the amendment. All present voted aye.
MOTION CARRIED.
SUMMARY OF DISCUSSION
Item #6- Hanson stated the draft ordinance would allow emergency services to locate in certain
business and industrial districts. Currently, the only emergency services are affiliated with
governmental functions in residential zones, but that could change. Hanson felt the operation of this
type of use could be compatible with other uses in the proposed districts.
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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.
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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.
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(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.
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Sec. 94-136 INDUSTRIAL I-1 LIGHT DISTRICT
(a) Intent. This district is intended to provide for a number of light manufacturing, light processing,
warehousing and service uses. This district includes the supportive commercial uses for the industrial
businesses.
(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 Industrial I-1 Light District.
(c) Permitted Uses.
1. Assembling and packaging
2. Freight handling
3. Manufacturing, light
4. Storage and warehousing
5. Processing, light
6. Parking facility or lot
7. Office
8. Truck stop
9. Automobile service station
10. Public utility facility
11. Reverse vending machine
12. Contractors shop and storage yard
13. Motor vehicle repair shop
14. Semi-trailer storage
15. Farm Implement Sales
16. Telecommunications Tower
(d) Permitted Special Uses. A building or premises may be used for the following purposes in
conformance with conditions prescribed herein:
1. 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.
2. Light processing facility for recyclables
a. All storage and processing areas shall have perimeter fencing on all sides.
3. Buy back center for recyclables
a. A list of the types of recyclable material to be collected shall be approved prior to the
issuance of any permit
4. Citizens drop-off facility for recyclables
a. Containers or bins shall be provided for all waste material.
b. No container shall be located within 100 feet of a residential district.
5. Household hazardous waste site
a. Such uses shall be within a completely enclosed building.
b. The applicant shall comply with the provisions of all applicable laws and ordinances.
6. Transfer site for recyclables
a. All storage areas shall have perimeter fencing on all sides.
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b. A list of the types of recyclable material to be collected shall be approved prior to the
issuance of any permit.
7. Automobile storage yard
a. Impound area shall be surfaced with gravel, asphalt or concrete.
(e) Conditional Uses.
1. Kennel
2. Broadcast Tower
3. Outdoor Sales
4. Concrete Plant
(f) Density, Area, Yard and Height Regulations.
The I-1 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'* 20'* 50'
*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 I-1 District are buildings and uses
customarily incidental to any of the permitted uses in the district.
(h) Parking Regulations. Parking, loading and stacking within the I-1 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 I-1 District shall be in conformance with the regulations set
forth in division 5 of article VI of this chapter
(g) Other Regulations. Development within the I-1 District shall be in conformance with the
regulations set forth in article II of this chapter
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Sec. 94-162. INDUSTRIAL I-2 HEAVY DISTRICT.
(a) Intent. This district is intended to provide for heavy industrial uses which may create a degree of
nuisance which may not be compatible with residential and light commercial uses. All uses in this
district shall comply with any state or local regulations regarding noise, emissions, dust, odor, glare,
vibration or heat when applicable.
(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 Industrial I-2 Heavy District.
(c) Permitted Uses.
1. Assembling and packaging
2. Freight handling
3. Manufacturing, light
4. Storage and warehousing
5. Processing, light
6. Reverse vending machine
7. Parking facility or lot
8. Public utility facility
9. Truck stop
10. Automobile service station
11. Office
12. Contractors shop and storage yard
13. Motor vehicle repair shop
14. Semi-trailer storage
15. Farm Implement Sales
16. Telecommunications Tower
17. Concrete Plant
(d) Permitted Special Uses. A building or premises may be used for the following purposes in
conformance with conditions prescribed herein:
1. 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.
2. Buy back center for recyclables
a. A list of the types of recyclable material to be collected shall be approved prior to the
issuance of any permit
3. Citizens drop-off facility for recyclables
a. Containers or bins shall be provided for all waste material.
b. No container shall be located within 100 feet of a residential district.
4. Household hazardous waste site
a. Such uses shall be within a completely enclosed building.
b. The applicant shall comply with the provisions of all applicable laws and ordinances.
5. Transfer site for recyclables
a. All storage areas shall have perimeter fencing on all sides.
b. A list of the types of recyclable material to be collected shall be approved prior to the
issuance of any permit.
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6. Light processing facility for recyclables
a. All storage and processing areas shall have perimeter fencing on all sides.
7. Automobile storage yard
a. Impound area shall be surfaced with gravel, asphalt or concrete.
(e) Conditional Uses.
1. Manufacture of acid, cement, lime, gypsum, plaster of paris, asphalt, explosives, fertilizer,
glue, sizing, paper, paint, turpentine, yeast, oils, alcohol, bleach or ammonia
2. Refining of fat, grease, lard, tallow or petroleum
3. Processing of grain, forage, toxic material, hides or furs
4. Distillation of products
5. Junkyard
6. Stockyards/slaughtering of animals
7. Rendering
8. Smelting
9. Boilerworks
10. Tank farm
11. Grain terminal
12. Farm store/feed store
13. Crematorium
14. Personal Health Services
15. Kennel
16. Broadcast Tower
17. Outdoor Sales
(f) Density, Area, Yard and Height Regulations.
The I-2 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 - - 40' 20'* 20'* 50'
*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 I-2 District are buildings and uses
customarily incidental to any of the permitted uses in the district.
(h) Parking Regulations. Parking, loading and stacking within the I-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 I-2 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 I-2 District shall be in conformance with the
regulations set forth in article II of this chapter.
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Second Readings / Public Hearings
11. Ordinance No. 25-09: An Ordinance Amending Article V. of Chapter 2
of the Code of Ordinances of the City of Brookings, South Dakota and
Pertaining to Human Rights Committees.
The Brookings Human Rights Committee has submitted the enclosed revisions to their
enabling ordinance to clarify the scope of the Committee’s activities and to make the
enabling ordinance language consistent with other city documents. The Committee has
been working with the City Attorney to update the document. Members of the Committee
will be present to respond to questions.
City Manager Introduction
Action: Open & Close Public Hearing, motion to approve, roll call
City Manager Recommendation- Approve
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ORDINANCE NO. 25-09
AN ORDINANCE AMENDING ARTICLE V. OF CHAPTER 2 OF THE CODE OF
ORDINANCES OF THE CITY OF BROOKINGS, SOUTH DAKOTA AND PERTAINING
TO HUMAN RIGHTS COMMITTEES.
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 Division 2 of Article V. and pertaining to Human Rights
Committee are amended to read as follows:
Sec. 2-141. Continued. The city has established in and for the city, a human rights
committee.
Sec. 2-142. Composition. The human rights committee shall consist of ten members, nine
of which shall be selected by the mayor with the advice and consent of the council, and one of
which shall be selected by the board of county commissioners. In selecting members, due regard
shall be given to representation of minority groups on the human rights committee. One member of
the human rights committee selected by the mayor shall be a student enrolled in a post-secondary
educational institution.
Sec. 2-143. Term of office; date of appointment; compensation.
(a) All members of the human rights committee shall serve for terms of three years,
except the student member who shall serve a one-year term. Any members whose term expires
may be reappointed.
(b) All members of the human rights committee shall serve without compensation.
Sec. 2-144. Vacancies. If a vacancy on the human rights committee occurs on a date other
than the first Monday of the year, then the vacancy may be filled by appointment for a term not
exceeding three years, which term shall expire on the first Monday in January. If a member is absent
from three consecutive regular meetings without authorization from the human rights committee,
the member's seat may be considered vacant, and a new member may be appointed.
Sec. 2-145. Officers. The human rights committee shall designate from among its
membership a chairperson, vice-chairperson, and such other officers and subcommittees as it may
deem appropriate and necessary.
Sec. 2-146. Meetings. The human rights committee shall meet at such times and places as
may be determined by such committee.
Sec. 2-147. Purpose. The purpose of the Brookings Human Rights Committee
(BHRC) is to improve human relations and civil rights in the Brookings area by fighting
discrimination through educational efforts and a complaint resolution procedure. The
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committee has the power to investigate complaints alleging discrimination against
individuals or groups because of their sex, race, color, creed, religion, ancestry, disability, familial
status or national origin, with respect to employment, labor union membership,
housing accommodations, property rights, education, public accommodations or public
services.
Sec. 2-147 2-148. Powers generally. The powers and duties of the Brookings human
rights committee shall be to have the following powers:
(1) Promote human and civil rights for all its citizens and visitors.
(2) Promote a mutual understanding and respect among all racial, religious and
nationality groups and work to discourage and prevent discriminatory practices
against any such group.
(3) Attempt to foster, through community effort or otherwise, goodwill,
cooperation and conciliation.
(4) To Study and determine the existence, character, causes and extent of discrimination
in employment, housing accommodations, property rights, education, public
accommodations, and public services in the city, and discrimination based on age, disability,
marital status, ethnicity, religion, sexual orientation, gender identity and political affiliation.
The study and determination of discrimination is based on a broad understanding of civil
and human rights as embodied in the 1964 Civil Rights Act as amended, which includes race,
color, religion, gender and country of origin.
(5) To Advise and provide a forum for those who have been subjected to unfair and
discriminatory practices in the city.
(6) To Receive, hear and investigate and conciliate complaints alleging discrimination
and where probable cause for discrimination is found to exist, to refer the complaint to the
appropriate governmental agency. The human rights committee shall develop rules of
procedure subject to approval of the city council.
(7) Enlist the cooperation of various racial, religious and ethic groups,
community, civil, labor and business organizations, student organizations, fraternal
and benevolent associations, veterans’ organizations, and other groups in
educational campaigns and programs devoted to teaching the need for eliminating
group tensions, prejudices, intolerance, bigotry and unlawful discrimination.
(8) Cooperate with federal, state and city agencies in developing programs
showing the contributions of the various groups to the culture and traditions of our
city and nation, the menace of prejudice, intolerance, bigotry and unlawful
discrimination and the need for mutual respect.
(9) To Advise the mayor, city council members, city manager and the respective
departments of the city concerning matters consistent with the purpose and powers of the
human rights committee.
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(10) Recommend ordinances and other legislation pertinent to the purposes of
human rights.
(11) To Conduct educational programs and disseminate information in furtherance of the
purposes and policy policies of the human rights committee to eliminate discrimination in
the city.
(12) To Hear and investigate complaints alleging discrimination regarding the County
City of Brookings, in accordance with the grievance procedures for ADA grievances
adopted by resolution of the city.
II.
Any or all ordinances in conflict herewith are hereby repealed.
FIRST READING: October 13, 2009
SECOND READING: October 27, 2009
PUBLISHED: October 30, 2009
CITY OF BROOKINGS, SOUTH DAKOTA
ATTEST: Tim Reed, Mayor
Shari L. Thornes, City Clerk
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Second Readings / Public Hearings
12. Ordinance No. 26-09: An Ordinance to change the Zoning within the
Joint Jurisdictional Area surrounding the City of Brookings.
Applicant: Mary Parsley
Proposal: Expand a residential district for a rural subdivision
Background: The Parsley Way Addition has existed since the mid 1970’s. The original parcel
that was platted into residential lots was likely zoned R-1B by the county at the same time. In
1993, additional land to the south was zoned R-1B and more lots were platted. Two streets,
Shamrock Lane and Wicklow Lane provide access to the lots from Western Avenue. The
Parsley land abuts the Southern Estates Addition to the south.
Specifics: The proposal involves 2 acres of ag land abutting residential land to the east and
south. Land to the north and west is in the Ag District. The Special Flood Hazard Area
boundary is about 100–150 feet west of this parcel.
City Manager Introduction
Action: Open & Close Public Hearing, motion to approve, roll call
City Manager Recommendation- Approve
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ORDINANCE NO. 26-09
An ordinance to change the zoning within the Joint Jurisdictional Area surrounding the City of
Brookings
Be it ordained by the governing body of the City of Brookings, South Dakota,
Section 1. That the real estate situated in the Joint Jurisdictional area surrounding the City of
Brookings, County of Brookings, State of South Dakota, described as follows:
The north 293 feet of the south 1973.6 feet of the west 300 feet of the east 1263 feet of the N ½ of
the SE ¼ of Section 10-T109N-R50W be and the same is hereby rezoned and reclassified from a
class Agricultural A District to a class Residence R-1B District.
In accordance with Section 800 of Article VIII of Appendix C-Joint Jurisdictional Area Zoning, of
the Brookings Joint Jurisdiction Ordinance, Brookings South Dakota, as said districts are more fully
set forth and described in Articles III, IV, V and VI or Ordinance No. 14-80 Appendix C of the City
of Brookings, South Dakota.
Section 2. The permitted use of the property heretofore described be and the same is hereby altered
and changed in accordance herewith pursuant to said Ordinance No. 14-80 Appendix C of the City
of Brookings, South Dakota.
Section 3. All sections and ordinances in conflict herewith are hereby repealed.
FIRST READING: October 13, 2009
SECOND READING AND ADOPTION: October 27, 2009
PUBLISHED: October 30, 2009
CITY OF BROOKINGS, SD
______________________________
Tim Reed, Mayor
ATTEST
_________________________
Shari Thornes, City Clerk
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Joint City/County Planning Commission
Brookings, South Dakota
October 6, 2009
OFFICIAL MINUTES
A joint meeting of the County Planning Commission and the City Planning Commission was
called to order by County Chairperson Duane Knutson on October 6, 2009 at 7:00 PM in the
Resource Room at the Swiftel Center. County Planning Commission members present were: Jeff
Robbins, Randy Jensen, Darrel Kleinjan, Darrell Nelson, Robert Rochel, Mary Kidwiler, Robb
Loomis and Knutson. City Planning Commissioners present were Wayne Avery, Alan Gregg, John
Gustafson, Mike Cameron, and Greg Fargen. Also present were Mary Parsley, David Francis, Todd
Gunn, County Zoning Officer Bob Hill, Planning and Zoning Administrator Dan Hanson,
Community Development Director Mike Struck and others.
Item #2 – Mary Parsley has submitted a petition to re-zone the North 293 feet of the South 1973.6
feet of the West 300 feet of the East 1263 feet of the N ½ of the SE ¼ of Section 10-T109N-R50W
from a class Agricultural A District to a class Residence R-1B District.
(Kidwiler/Nelson) Motion to approve the rezoning. All present voted aye. MOTION
CARRIED.
(Gustafson/Cameron) Motion to approve the rezoning. All present voted aye. MOTION
CARRIED.
SUMMARY OF DISCUSSION
Item #2 – Hanson noted that platting and residential land uses have existed in this area since the
mid 1970’s. He added that the parcel was 2 acres in size and abutted residential land to the east and
south. A floodplain existed to the west.
Kidwiler asked about the land to the north. Knutson responded that a farmstead had existed
there for many years.
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JOINT JURISDICTION AREA ZONING
Section 420. Residence R - 1B single-family.
421. Permitted uses.
.1 All uses allowed by right in Residence R-1A District.
.2 Public utility substations or pumping stations meeting the requirements of Section 412.2.
.3 Private schools of general instruction
.4 Accessory uses customarily incidental to any of the foregoing permitted uses.
.5 Day-care facilities of twelve (12) or less persons at one (1) time.
422. Uses allowed as special exceptions by the Board of Adjustment.
.1 All uses allowed as special exceptions in the Residence R-IA District, except roadside stands
and agriculture as living. (Ord. 17-89, § III, 10-10-89)
.2 Vocational or trade schools, whether or not operated for profit.
.3 Retirement or nursing home.
.4 Two-family dwelling.
.5 Group home.
.6 Home occupation. (Ord. 17-89, 10-10-89)
.7 Public structures erected by any governmental agency providing that such structure is essential
to serve the adjacent neighborhood, that it cannot be located in any other type of district, that
it has adequate screening and landscaping and, where applicable, that it is housed in buildings
that harmonize with the character of the neighborhood. (Ord. 17.89, 10-10-89)
423. Area regulations.
.1 Lot area and width.
a. Single-family structures. A lot area of not less than ten thousand (10,000) square feet
per family shall be provided for every building hereafter erected or used in whole or in
part as a dwelling. Each lot shall have a building line frontage of not less than seventy-
five (75) feet.
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b. Two-family dwelling, to the requirements specified in .1a, add two thousand four
hundred (2,400) square feet of lot area and fifteen (15) feet of building line frontage for
each additional dwelling unit.
.2 Front yard. There shall be a front yard on each street on which a lot abuts, which yard shall be
not less than thirty (30) feet in depth.
.3 Side yard. There shall be two (2) side yards on each lot neither of which shall be less than
eight (8) feet in depth.
.4 Rear yard. There shall be a rear yard on each lot, which yard shall not be less than twenty-five
(25) feet in depth.
424. Supplementary regulations. See regulations prescribed in Article VII, Sections 700, 720, 730 and
740.
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Second Readings / Public Hearings
13. Public hearing and action on Resolution No. 107-09, A Resolution
Levying Assessment for Assessment Project 2008-03STA, Downtown
Streetscape Project.
The 2008-03STI Downtown Streetscape Project entailed construction work on Main Avenue
from 6th Street to Front Street, which included new water and sanitary sewer mains and
services, new sidewalk, light poles, trees, curb & gutter, pavement and other amenities.
Included with this project are water and sanitary sewer services. The City Council approved
Resolution of Necessity No. 11-08 on February 12, 2008 which authorized the assessment
project.
The contractor has submitted all of the quantities for the project, and the final assessment
costs for sanitary sewer services and water sewer services have been calculated based on
actual quantities. In Resolution No. 11-08, the sanitary sewer service lines were estimated to
cost $2,300 each and the water service lines were estimated to cost $4,500 each with a total
of $6,800 for one of each. Now that the project has been completed, the actual assessment
cost has been determined with the sanitary sewer service lines of $2,642.42 and the water
service lines of $3,222.91, for a total of $5,865.33 for one of each. Although the cost of one
sanitary sewer service line was higher than the estimated amount, the total cost for one
sanitary and one water service is lower than the estimated amount. The cost differences
were due in part to utilizing actual quantities, which ran slightly higher than the estimated
cost for the sanitary sewer, and a lower cost for the water services was realized because the
design change to the dual water main system allowed for shorter service lines.
In addition, the City Council approved Resolution No. 11-08 with the interest rate for the
Downtown Streetscape Assessment at 0% , which is reflected in this resolution, and the
assessment costs may be paid back over a 10 year period. A copy of the Notice of Hearing
and the detailed assessment roll was sent by first class mail to each property owner as
required by SDCL. Approval of this resolution will authorize the City Finance Office to bill
the property owners for the assessment costs for this project.
City Manager Introduction
Action: Open & Close Public Hearing, motion to approve, roll call
City Manager Recommendation- Approve
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RESOLUTION 107-09
LEVYING ASSESSMENT FOR STREET ASSESSMENT
PROJECT NO. 2008-03STA Downtown Streetscape Project
WHEREAS, The City Council has provided for the following work to be completed under
Project No. 2008-03STA. (Downtown Streetscape Project)
BE IT RESOLVED by the City Council of the City of Brookings, South Dakota, as follows:
1. The City Council has made all investigation which it deems necessary and has found and
determined that the amount which each lot or tract will be benefited by the construction
of the street improvement heretofore designated as Street Assessment Project No. 2008-
03STA is the amount stated in the proposed assessment roll.
2. The assessment for Street Assessment Project No. 2008-03STA is hereby approved and
the assessment thereby specified are levied against each and every lot, piece or parcel of
land thereby described.
3. The assessment shall be divided into ten (10) equal annual installments for streets.
4. Such assessments, unless paid within thirty (30) days after the date of mailing of a
statement of account by the City, shall be collected by the City in accordance with the
procedure for Plan One in Sections to 9-43-51, South Dakota Compiled Laws of 1967,
as amended.
5. Interest of zero (0) percent per annum shall accrue on the unpaid balance of the
assessment.
Passed and approved this 27th day of October, 2009.
CITY OF BROOKINGS
______________________________
Mayor Tim Reed
ATTEST:
______________________________
Shari Thornes, City Clerk
109
2008-03 STREETSCAPE ASSESSMENT ROLL9/28/09DOWNTOWN STREETSCAPE PROJECTPAGE 4 of 4 PROPERTYPARCEL NUMBER LEGAL DESCRIPTION OWNER PROPERTY (COMPANY)ADDRESSE119' Lot 1 Wendell & Marlys Thompson40405-00600-001-00 Block 6 215 16th Avenue South Ray's Corner 401 Main Avenue 1$2,642.42$2,642.42 0$3,222.91$0.00$2,642.42Original Plat Brookings, SD 57006Lot 2 Bill Ulmer40405-00600-002-00 Block 6 158 E Lake Drive Subway403 Main Avenue 1$2,642.42$2,642.42 1$3,222.91$3,222.91$5,865.33Original Plat Estelline, SD 57234Lot 3 Dennis Willert40405-00600-003-00 Block 6 417 Main Avenue New Dimension Salon 405 Main Avenue 1$2,642.42$2,642.42 1$3,222.91$3,222.91$5,865.33Original Plat Brookings, SD 57006Lot 7Alfred Rude40405-00600-007-00 Block 6 409 Main Avenue Rude's Home Furnishing (N)413 Main Avenue 1$2,642.42$2,642.42 1$3,222.91$3,222.91$5,865.33Original Plat Brookings, SD 57006Lots 5 & 6Alfred Rude40405-00600-005-00 Block 6 409 Main Avenue Rude's Home Furnishing (S)409/411 Main Avenue 0$2,642.42$0.00 1$3,222.91$3,222.91$3,222.91Original Plat Brookings, SD 57006Lot 4Alfred Rude40405-00600-004-00 Block 6 409 Main Avenue Rude's Home Furnishing (Lot)407 Main Avenue 1$2,642.42$2,642.42 1$3,222.91$3,222.91$5,865.33Original Plat Brookings, SD 57006Lot 8 Larry & Janice Fjeldos40405-00600-008-00 Block 6 415 Main Avenue Blooming Villa 415 Main Avenue 1$2,642.42$2,642.42 1$3,222.91$3,222.91$5,865.33Original Plat Brookings, SD 57006Lot 9 Gary McCulloch40405-00600-009-00 Block 6 901 Tumbleweed Road Willert Chiropractic 417 Main Avenue 1$2,642.42$2,642.42 1$3,222.91$3,222.91$5,865.33Original Plat Brookings, SD 57006Lot 10 Steve Marihart40405-00600-010-00 Block 6 2541 311th AvenueArrows Maytag Home Appliance 419 Main Avenue 1$2,642.42$2,642.42 1$3,222.91$3,222.91$5,865.33Original Plat Dawson, MN 56232Lot 11 Brennen & Lori Sullivan40405-00600-011-00 Block 6 421 Main Avenue Safari Lounge 421 Main Avenue 1$2,642.42$2,642.42 0$3,222.91$0.00$2,642.42Original Plat Brookings, SD 57006E65' of Lot 14 Dick Fergen40405-00600-014-00 Block 6 PO Box 382 Nick's Hamburger 427 Main Avenue 0$2,642.42$0.00 0$3,222.91$0.00$0.00Original PlatBrookings SD 57006TOTAL ASSESSMENTSANITARY SEWER LATERAL WATER SERVICEAS-CONSTRUCTED SEWER LATERAL ASSESSMENT (PER SERVICE)AS-CONSTRUCTED WATER SERVICE ASSESSMENT (PER SERVICE)# OF SEWER LATERALS (EACH)TOTAL SEWER LATERAL ASSESSMENT# OF WATER SERVICES (EACH)TOTAL WATER SERVICE ASSESSMENTOriginal Plat Brookings, SD 57006Dick Fergen40405-00600-014-00 Block 6 PO Box 382 Nick's Hamburger (Lot)427 Main Avenue 1$2,642.42$2,642.42 1$3,222.91$3,222.91$5,865.33Original Plat Brookings, SD 57006E 120' of Lots 13 & 14 Robb Rasmussen40530-01400-013-00 Block 14 501 Main Avenue Sioux River Cyclery501 Main Avenue 1$2,642.42$2,642.42 1$3,222.91$3,222.91$5,865.33Second Brookings, SD 57006Lots 11 & 12 Dave Peters40530-01400-011-00 Block 14 505 Main Avenue Gold Metal Gymnastics 505/507 Main Avenue 1$2,642.42$2,642.42 1$3,222.91$3,222.91$5,865.33Second Brookings, SD 57006Lot 9 Sioux Empire Dev. Corp.40530-01400-009-00 Block 14 PO Box 705 State Farm Insurance 511 Main Avenue 1$2,642.42$2,642.42 1$3,222.91$3,222.91$5,865.33Second Brookings, SD 57006S5' Lot 7, All Lot 8 Sioux Empire Dev. Corp.40530-01400-008-00 Block 14 PO Box 705 Flowers on Main 513 Main Avenue 1$2,642.42$2,642.42 1$3,222.91$3,222.91$5,865.33Second Brookings, SD 57006TOTAL = 56 147,975.52 49 157,922.59 305,898.11
City Council Packet
October 27, 2009
Other Business
14. Action on Resolution No. 108-09, a Resolution Setting Forth The Fines
For Parking Violations During Snow Removal In The City Of Brookings,
South Dakota.
The Brookings Police Department recently conducted a short study to determine if the
department was maintaining its capabilities in parking enforcement during snow
emergencies. The study consisted of a survey of other communities for comparison of snow
ticket fines. A portion of that survey showed:
Sioux Falls: $25. $70. after 7 days all vehicles are towed
Huron: $35. $50 after 7 days $75. after 2 weeks and towed
Aberdeen: $45. $80 after 72 hours and towed
Brookings $25. Vehicle towed after plows
The Brookings Police Department is requesting in the fine amount to be increased from $25
to $35 with an increase to $50 and towed after 72 hours. The intent is to change behavior in
the time of snow emergencies and not to increase revenue. The Brookings Police
Department requests this change in the ordinance in order to better serve the public during
times of snow emergencies.
Resolution No.108-09
Resolution Setting Forth the Fines for Parking Violations During Snow Removal
in the City of Brookings, South Dakota.
BE IT RESOLVED by the Governing Body of the City of Brookings, South Dakota, that the
following Fines shall be effective for the payment of violations of “parking prohibited during snow
removal” which are paid through the Brookings Police Department within 72 hours of the time of
issuance of the parking ticket and also prior to filing of a Complaint with the Clerk of Courts.
Paid subsequent to 72 hours after ticket
Paid within 72 hours issuance, and prior to filing of Complaint
Parking Prohibited During $35.00 $50.00
Snow Removal
Passed and approved on the 27th day of October, 2009.
CITY OF BROOKINGS
Tim Reed, Mayor
ATTEST:
Shari L. Thornes, City Clerk
City Manager Introduction
Action: Motion to approve, Roll Call
City Manager Recommendation: Approve
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Other Business
15. Discussion and possible action regarding Brookings School District
Request for sidewalk.
The City received a letter from the Brookings School District requesting sidewalks be
installed along 15th Street south between Medary Avenue and 17th Avenue South, which is
provided in this packet. Upon further discussion with Dr. DeGroot, Superintendent of
Schools, the highest priority sidewalk is on the north side of 15th Street South, from Camelot
Drive to the east, to provide a safe sidewalk connection to 17th Avenue South for the
students. All of lots have built homes with sidewalks in this priority area, with the exception
of one vacant lot owned by Blair Hill Properties. Mr. Keith Rounds was invited to this
meeting to provide input for the discussion.
The City Council has the authority to order sidewalks to be installed as stated in the current
City Ordinance Section 74-182. Sidewalk specifications, which is as follows:
The construction of all sidewalks, whether performed by direct contract with the city or by contract with the
abutting property owners, shall be performed strictly in accordance with specifications for sidewalks adopted by
the city council and on file in the office of the city clerk. The city engineer shall have full power to condemn
work and material which is not in accordance with the requirements of such specifications.
Portland cement concrete sidewalks per city specifications will be installed on each lot at the time of
construction. After two years after sidewalks have been constructed on seventy (70) per cent or more of the
frontage along a hard-surfaced street between two (2) street intersections, the remaining sidewalk along said
street shall be installed. However, as provided by state law, the City Council may order said sidewalks
installed at any time that they may determine them to be necessary.
This discussion item will determine if the City Council chooses to order sidewalk installation
as requested by the Brookings School District.
City Manager Introduction
Action: Motion to approve, Request Public Comment, Roll Call
City Manager Recommendation: Approve
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Second Readings / Public Hearings
16. Action on Resolution No. 109-09, A Resolution annexing the north 1,580
feet of the east ½ of the NW ¼ of Section 2-T109N-R50W, excluding Lot
C, Christie Addition and Outlots A, 1A, B, and 1B of the NW ¼ of
Section 2-T109N-R50W.
Applicant: Oakwood Equity Group, LLC
Proposal: Annex 44.5 acres into the city
Background: This land has previously been used for agricultural purposes. Existing and
future residential subdivisions and smaller lots surrounding this acreage have been annexed
over the years.
Specifics: The Annexation Plan references community objectives and policies regarding the
annexation of land. It also lists several guidelines that should be examined when an
annexation is proposed. These include the following:
• Identify logical extensions of streets and utilities. A south main sanitary sewer
interceptor project has been examined by the city for this general area. Major streets
are in place.
• Determine available land and assess the rate of development. The city currently has
about 250 vacant single family lots that front on a developed street. It also has about
200 acres of unimproved land that could support development within one year or
less. The rate of development has increased for low-density development and
decreased for high density in the last decade when compared to the 1990’s.
• Identify adverse impacts. No adverse impacts are readily identifiable.
• Public services and facilities can be provided. The city currently provides services in
this area now.
• Annex land within the future land use area. This area is part of the FLUMAP of the
Vision 2020 Plan.
Lastly, the location of this parcel meets the primary state law requirement that it be
substantially contiguous to the city limits.
Recommendation: The Planning Commission voted 5 yes and 0 no to recommend approval
of the annexation
City Manager Introduction
Action: Motion to approve, Request Public Comment, Roll Call
City Manager Recommendation: Approve
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Resolution No. 109-09
WHEREAS, The City of Brookings is authorized pursuant to South Dakota Codified Law 9-4-
1 to annex contiguous territory upon receipt of a written petition, describing said territory sought to be
annexed, signed by not less than three-fourths (3/4) of the legal voters and by the owner or owners of
not less than three-fourths (3/4) of the value of said territory, and
WHEREAS, The City of Brookings desires to annex the following described property, to wit:
The north 1,580 feet of the east ½ of the NW ¼ of Section 2-T109N-R50W, excluding Lot C, Christie
Addition and Outlots A, 1A, B, and 1B of the NW ¼ of Section 2-T109N-R50W , and
WHEREAS, The aforesaid land is contiguous to the present boundaries of the City of
Brookings, and
WHEREAS The City of Brookings has received a Petition For Annexation of Territory signed
by the owners of greater than three-fourths (3/4) of the value of the aforesaid property and by not less
than three-fourths (3/4) of the legal voters residing in said territory, now therefore
BE IT RESOLVED By the City of Brookings, South Dakota, that the property described
above is hereby annexed to the City of Brookings.
Dated this 27th day of October, 2009.
CITY OF BROOKINGS
___________________________
ATTEST: Tim Reed, Mayor
________________________
Shari Thornes, City Clerk
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Planning Commission
Brookings, South Dakota
October 6, 2009
OFFICIAL MINUTES
Acting Chairperson Greg Fargen called the regular meeting of the City Planning
Commission to order on October 6, 2009 at 8:00 PM in the Council Chamber at City Hall. Members
present were Wayne Avery, Alan Gregg, John Gustafson, Mike Cameron, and Fargen. Stacey
Howlett, Larry Fjeldos, Dave Kurtz and Al Heuton were absent. Also present were Connie
McKnight, Barb Lindsey, Ardis Johnson, Beverly Dobbs, City Manager Jeff Weldon, City Engineer
Jackie Lanning, Community Development Director Mike Struck, Planning and Zoning
Administrator Dan Hanson and others.
Item #4 – Oakwood Equity Group, LLC has submitted a petition to annex the North 1,580 feet of
the E ½ of the NW ¼ of Section 2-T109N-R50W, excluding Lot C, Christie Addition and Outlots
A, 1A, B and 1B.
(Gregg/Cameron) Motion to approve the annexation. All present voted aye. MOTION
CARRIED.
SUMMARY OF DISCUSSION
Item #4 – Hanson stated that the area involved about 44 acres in the southwest part of Brookings.
Urban services could be provided to the site and the area was included on the Future Land Use Map
of the Comp Plan.
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Other Business
17. Presentation on proposed McCrory Gardens Visitor Center by South
Dakota State University.
Representatives of South Dakota State University will provide a more in-depth presentation
of the proposed McCrory Gardens Visitor Center project. The University submitted a
subsidy funding request to the City in the 2010 budget cycle last June. A copy of their
proposal is enclosed.
Informational
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18. Adjourn.
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