HomeMy WebLinkAbout2008_01_08 CC PKT(Revised)
Brookings City Council
Tuesday, January 8, 2008
City Hall Council Chambers
311 Third Avenue
5:00 p.m. ~~ Work Session
6:00 p.m. ~~ Council Meeting
Mission Statement
The City of Brookings is committed to providing a high quality of life for its citizens
and fostering a diverse economic base through innovative thinking, strategic
planning, and proactive, fiscally responsible municipal management.
5:00 P.M. WORK SESSION
1. SDSU Wellness Center.
2. Park & Recreation Board’s recommendations on the “Red Rink” at the Larson
Ice Center.
3. Discussion regarding the City’s Research &Technology Center rental rates.
4. Creation of Complete Count Committee for Census.
5. Legislative updates.
6. 6:00 p.m. Meeting Review.
7. City Clerk Reports:
A. Upcoming Council Meetings
B. Council Invites & Obligations
Joint City Council & County Commission Meeting
Joint City Council & Airport Board (Jan. 22nd tentative)
City Council Annual Goal Setting Retreat
Town Hall Meeting
Brookings Day at the Legislature (Jan. 16th)
SDML Government Day at Legislature (Feb. 5 & 6)
National League of Cities – Congressional Conference (March 8-12)
8. 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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January 8, 2008 City Council Packet
6:00 P.M. REGULAR MEETING
1. Call to order.
2. Pledge of Allegiance.
3. City Clerk records council attendance.
4. Action to approve the following Consent Agenda Items *
A. Agenda.
B. Action on Resolution No. 01-08, CCO #1 (Final) for 2007-08STI Street
Maintenance and Overlay Project.
C. Action on Resolution No. 02-08, declaring a 1999 Elgin Pelican sweeper as
surplus property.
D. Action on Resolution No. 03-08, CCO#1 (Final) for AIP #3-46-0005-019-06
Runway 12/30 Rehabilitation Brookings Regional Airport.
E. Action on Resolution No. 04-08, Resolution Setting Certain Lease Rates at
the Brookings Regional Airport.
F. Action on Resolution No. 05-08, Resolution setting up a road district in River
Ridge Addition.
Action: Motion to approve, 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.
5. Open Forum.
6. SDSU Report.
Ordinances – 1st Readings **
7. Ordinance No. 02-08 - Budget Amendment. An Ordinance Entitled “An
Ordinance Authorizing A Supplemental Appropriation To The 2008 Budget For
The Purpose Of Providing For Additional Funds For The Operation Of The City.
Public Hearing: January 22, 2008
8. Ordinance No. 03-08, an Ordinance on a petition to rezone the north 1,550 feet
of the west 1/2 of the NW ¼ of Section 2-T109N-R50W, excluding Outlot C in
the NW ¼ of the NW ¼ and Lot D of the Christie Addition from an Agricultural A
District to a Residence R-2 and R-3 Districts.
Public Hearing: January 22, 2008.
9. Ordinance No. 04-08, an Ordinance amending the zoning ordinance pertaining
to maintenance buildings on lots in certain business districts.
Public Hearing: January 22, 2008.
** 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.
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January 8, 2008 City Council Packet
Other Business.
10. Motion to approve a preliminary plat of Moriarty Heights Addition in the NW ¼
of Section 2-T109N-R50W.
Action: Motion to approve, request public comment, roll call
11. Executive Session for pricing/marketing and legal/contractual issues.
Action: Motion to enter executive session – voice vote
Motion to leave executive session – voice vote
12. Executive Session for legal/contractual issues.
Action: Motion to enter executive session – voice vote
Motion to leave executive session – voice vote
13. Action on Resolution No. 06-08, A Resolution Authorizing The Transfer Of Real Property
To Brookings Economic Development Corporation, Inc. For Economic Development
Purposes.
Action: Motion to approve, request public comment, roll call
14. Adjourn.
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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January 8, 2008 City Council Packet
5:00 P.M. WORK SESSION
1. SDSU Wellness Center
Doug Wermedahl, SDSU Assistant Vice President for Student Affairs at SDSU, has
requested time to update the City Council on the SDSU Wellness Center construction
project and to discuss some related issues relative to public use when the facility
opens.
The original document designating a $500,000 commitment to the construction of the
Wellness Center included a provision that the new facility would continue to be
available to community residents, as is the current SDSU wellness program, on an
individual fee basis. Reference is made that a Memorandum of Understanding would
be prepared prior to opening of the new facility. A recent conversation with Mike
Reger, SDSU Vice President for Administration, confirmed that this MOU will be
prepared by the Board of Regents legal staff, to be approved by the City Council prior
to, or at the time the $500,000 is transferred to SDSU.
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January 8, 2008 City Council Packet
5:00 P.M. WORK SESSION
2. Park & Recreation Board’s recommendations on the “Red
Rink” at the Larson Ice Center
On December 3, 2007 the Park and Recreation Board discussed the current policy
regarding animal events in the Red Rink. The Board was brought up to date on recent
Council discussion that has centered around a request from the Swiftel Center for
possible use of the red rink for a Quarter Horse Show during the summer of 2008,
potential bid in January for the Arabian Show in 2011, 2012, and 2013, alternative
ways to provide extra space for warm-up area or animal pens, long range solutions for
these events, limitations on the size of events that can be held without the red rink
and the potential of an extended summer schedule for summer ice in the red rink.
Board members individually empathized the need to provide assurances of being able
to meet priority commitments for ice during summer months, if the ice season is
extended. Staff people expressed concerns that the continuing controversy creates in
the city’s relationship with BISA in the operation of the ice arena.
The following action was taken: “Motion was made by Keith Rounds, seconded by
Duane Moe that, in recognition of the current City Council policy that animal events in
the Larson Ice Center Red Rink are considered by the City Council on a case by case
basis, the Park and Recreation Board, as a recommendation to the City Council,
prefers that animal events not be scheduled in the Red Rink, and further re-affirms
that priority use of the Red Rink continues to be for ice skating programs on a year-
round basis.” The motion was approved by unanimous vote of the seven board
members present.
Subsequent to that meeting, park and recreation staff has had several meetings with
BISA representatives, with the expectation that a proposal will be made by BISA at
the January 7th Park and Recreation Board meeting for extending the summer ice
schedule beyond the 3-4 weeks of past years. A verbal report regarding that meeting
will be included in the Council discussion on January 8th.
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January 8, 2008 City Council Packet
5:00 P.M. WORK SESSION
3. Discussion regarding the City’s Research &Technology
Center rental rates.
The Brookings City Council discussed the rental rates for the Research & Technology
Center at their December 11th, 2007 meetings. At that meeting, the City Council
approved the change the “cost” to $10.00 per square foot (Year Six rate on the
chart).
Year Cost per sq.ft. Increase from previous year
Year One $6.56
Year Two $7.00 6%
Year Three $7.44 6%
Year Four $7.88 6%
Year Five $8.31 5.4%
Year Six $8.75 5.2%
Year Seven $9.80 12%
Year Eight $9.80 0%
Year Nine $9.80 0%
The Council also approved adding an inflation escalator to the lease rates. Staff is
looking for clarification on whether the inflation escalator would be in addition to the
percentage increases stated above, or if it would replace the above percentage
increases.
The City has received a request from Duane Leford of Syngenta, to enter into a one
year lease for the rate of $8.75 for one year. Syngenta is currently leasing their space
at a rate of $8.31, and their lease expires January 31, 2008. Mr. Leford has provided
a letter stating their issues for the council discussion.
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January 8, 2008 City Council Packet
EMAIL LETTER FROM DUANE LeFORD, Syngenta Seeds, Dated 1/03/08
Jackie and Jeff,
Novartis Seeds (now Syngenta Seeds), expanded seed research activities to Brookings, SD in 1997. We
secured temporary office and lab facilities and soon after began discussions with Don Patrick of the
Brookings Economic and Development about the opportunity of locating to the R and T Center of the
Brookings Area Multiplex. We located to this new facility in good faith, January of 1999 as a long term
'Anchor Tenant'. The R and T Center remained approximately 70% occupied until 2002. In 2002, the
facility became 100% occupied for the first time and Syngenta Seeds financed some interior
modifications and additions. We received our first lease schedule in 2003 from Brookings City Manager
Mike Williams with indications the City of Brookings was considering the R and T Center an incubator.
Syngneta Seeds, an International Company with thousands of employees and roots dating back to the
1800's (far from the definition of an 'Incubator Company'), had received no documentation to this point
indicating an incubator facility. This was a very disappointing announcement coming so soon after the
facility became 100% occupied and the City of Brookings allowed Syngenta Seeds to make modifications
at our expense. Although various city officials and council members have stated it to have always been
an incubator, nobody can produce any documentation communicated to the tenants prior to Mike
Williams' communications of 2003.
(Lease Schedule received from Mike Williams, May 9, 2003)
Cost $ 8.75
Year One $ 6.56
Year Two $ 7.00
Year Three $ 7.44
Year Four $ 7.88
Year Five $ 8.31
Year Six $ 8.75
Year Seven $ 9.80
Year Eight $ 9.80
Year Nine $ 9.80
I contacted Jackie Lanning, late June of 2007 to draft a new lease because our current lease expires
January 31, 2008. The Brookings City Council was originally to discuss tenant leases July 10, 2007. Our
2008 budget was submitted September of 2007, using 'Year Six' lease amount. Approximately six
months after the Brookings City Council was to originally discuss leases, we have no documented new
lease schedule. We do have a verbal from Jackie that the City Council voted to increase rates with a
new 'Base' at $10.00/sq ft. Utilizing six months in deciding to implement a large lease rate increase on
a commercial property less than one month prior to current lease expiration is poor business, lacks
common sense, and is in disrespect of a tenant of good standing for nine years.
Questions
1) How did the council arrive at the new rates? Using 'Market' comparables was not used as the R and
T Center was not viewed.
2) Why did the council apply one office rate to the shop, lab, and office space? Based on our total
square footage at $10.00/sq ft, if shop is at $7.00 and lab is at $10.00, then we are being charged
$14.44/sq ft for office space. These are very high considering the interior accommodations.
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January 8, 2008 City Council Packet
3) Why are we being charged 4338 sq ft for 'Unit 1' when the building drawings show our dimensions to
be 42 ft x 100 ft?
4) If Syngenta does not agree to the rates because it does not fit our budget or because the rates are
excessive, we would need up to 18 to 24 months to build a new facility.
5) If Syngenta does agree to the new rates, we will need to start the authorization process over and
would need up to 4 to 6 months to get the proper approvals. We are in strict compliance with SOX to
ensure quality processes.
6) Any increase imposed by the council above the 'Year Six' lease amount for 2008 will result in budget
cuts in line items including Exhaustive Supplies - Local and Temporary Labor. Most all line items are
fixed at this point and council's decision to increase lease rates at this late date will result in less local
purchasing and local hiring.
Syngenta is currently at 'Year Five' lease rate. I am requesting a one year extension at the 'Year Six'
lease rate above.
Respectfully,
Duane
Duane LeFord
PEA
Syngenta Seeds, Inc
809 32nd Ave.
Brookings, SD 57006
(605) 690-4332 - Cell
(605) 692-6740 - Work
duane.leford@syngenta.com
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January 8, 2008 City Council Packet
5:00 P.M. WORK SESSION
4. Creation of Complete Count Committee for Census.
On August 14, 2007, Council Member Tim Reed updated the Council on a meeting he
attended in Sioux Falls sponsored by the Census Bureau. The meeting covered two
issues:
1) Updating of the addresses, which is an administrative process; and
2) Creation of a Complete Count Committee; its purpose is to make people aware of
the Census in order to increase participation.
Reed recommended the Council consider creating committee in 2008 for the 2010
Census and budget funds for the committee in 2009 and 2010.
Dan Hanson, Planning & Zoning Administrator, noted at that time that the City had a
Complete Count Committee in 2000. The biggest issues were about education and
information sharing.
A brochure on the Complete Count Committee Program from the US Census Bureau is
enclosed.
The intent of this item is to discuss the creation of a committee and direction to
staff.
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U.S. Department of Commerce Economics and Statistics Administration U.S. CENSUS BUREAU Contact Information Complete Count Committee Program 2010 Census Timeline 2007 • State, local and tribal governments determine if local resources are needed to promote the 2010 Census 2008 • Local Census Offices begin opening • Local governments review address lists (LUCA) • Highest Elected Official or community leader determines Complete Count Committee (CCC) membership 2009 • CCC is established • CCC receives census training • CCC develops strategy and work plan • CCC spreads word about census jobs 2010 • Questionnaires are delivered to every address • CCC begins community organization mobilization • CCC begins 2010 Census publicity campaign • Households return completed questionnaires • CCC urges nonresponding households to cooperate with census takers • CCC thanks the community for their participation in the 2010 Census • Census delivers population counts to the President Issued May 2007 D-1256 www.census.gov/2010census ON THE ROAD TO THE 2010 CENSUS If you reside in: Please call: Alabama, Florida, or Georgia ATLANTA 1-800-424-6974 Connecticut, Maine, Massachusetts, New Hampshire, upstate New York, Puerto Rico, Rhode Island, or Vermont BOSTON 1-800-562-5721 Kentucky, North Carolina, South Carolina, Tennessee, or Virginia CHARLOTTE 1-800-331-7360 Illinois, Indiana, or Wisconsin CHICAGO 1-800-865-6384 Louisiana, Mississippi, or Texas DALLAS 1-800-835-9752 Arizona, Colorado, Montana, Nebraska, Nevada, New Mexico, North Dakota, South Dakota, Utah, or Wyoming DENVER 1-800-852-6159 Michigan, Ohio, or West Virginia DETROIT 1-800-432-1495 Arkansas, Iowa, Kansas, Minnesota, Missouri, or Oklahoma KANSAS CITY 1-800-728-4748 Hawaii or Southern California LOS ANGELES 1-800-992-3530 New Jersey or New York City NEW YORK 1-800-991-2520 Delaware, D.C., Maryland, New Jersey, or Pennsylvania PHILADELPHIA 1-800-262-4236 Alaska, Idaho, Northern California, Oregon, or Washington SEATTLE 1-800-233-3308 For additional information about the Complete Count Committee Program, please contact your regional office.
The 2010 Census is on the Horizon! Get Started Early Involvement of State, Local and Tribal Governments is Crucial “The Complete Count Committee turned out to be an excellent way to reach all segments of the community and educate them about the Census. Our efforts resulted in a mail-back response that was higher than anyone had anticipated.” Albert Pritchett, Chairman, Complete Count Committee, Cook County, Illinois “Rapidly growing and diversifying cities need to realize Just how critical a Complete Count effort is to...getting the absolutely best count possible during the 2010 decennial enumeration…to ensure their fair share of federal and state funding. The Census Bureau relies heavily on local Complete Count efforts to reach...difficult to enumerate populations. Each city can tailor their Complete Count efforts to best meet the needs of their urban personality.” Ryan Robinson, City Demographer, Austin, Texas “Forming a Complete Count Committee was indeed a labor of love for us. We followed the guide, formed the sub-committees and our entire city was energized. There is no doubt about the effectiveness of the Tell City Complete Count Committee. This was an effective program in bridging the gap between the community and the govern-ment. What a novel idea!” Louie Heitkemper, CCC Co-Chairman, Tell City, Indiana “With the 2010 census quickly approaching, it is important that every citizen in our community be counted. The Complete Count Committee...helps us mobilize resources, and ensure that Miami-Dade County gets its fair share of the federal funds and resources.” Carlos Alvarez, Mayor, Miami Dade County “The Complete Count Committee included every segment of our community. Some of the activities we incorporated in our CCC campaign were so successful in bringing every-one together that we have continued them as annual festivals. The CCC was indeed a strategy for building our community and learning more about our immigrant populations.” Graham Richard, Mayor, Fort Wayne, Indiana WHAT? WHO? State, local, and tribal governments work together with partners in the community to form Complete Count Committees (CCC) to promote the 2010 Census in their communities. Community-based organizations also establish CCCs that reach out to their constituents. WHY? A Complete Count Committee is a team of community leaders appointed by the highest-elected official to develop and implement a locally-based outreach and awareness campaign for the 2010 Census. This team’s primary focus is to promote the 2010 Census in a particular community and to ensure that every resident in that area is counted. Community leaders are most qualified to understand the best way to reach all populations that reside in their area. The team is also best suited to mobilize community resources in the most efficient and cost-effective manner. WHEN? The process starts NOW! 2007 is when to identify CCC leaders and determine if resources need to be budgeted for 2009 and 2010 to promote the census locally. 2008 is the time to identify CCC leaders and members. 2009 is the time to establish a work plan, and 2010 is when this plan will be carried out. HOW? Its up to you! You know the best way to reach your community. Some activities could include: • Census rally or parade • Ethnic media luncheon • Census unity forum for youth • Interfaith breakfast and weekend events The 2010 Census is on the horizon and the U.S. Census Bureau wants to ensure that everyone is counted. We are developing partnerships with state, local, and tribal governments; community-based organizations; faith-based groups; schools; businesses; the media; and others. Through these collaborative relationships, we can reach our shared goal of counting all residents in the 2010 Census. By being informed about the census and better understanding the census process, residents are more likely to respond to the census questionnaire. The Complete Count Committee (CCC) Program is key to making this happen in communities all across the country. CCCs incorporate local knowledge, influence and possible resources to educate residents and promote the census through a locally-based and targeted outreach and promotion effort. CCCs provide a vehicle for coordinating and nurturing a cooperative effort between local governments, communities, and the U.S. Census Bureau. Local governments and community organizations can help the census get a complete count in 2010.
January 8, 2008 City Council Packet
5:00 P.M. WORK SESSION
5. Legislative updates .
This item will be on the agenda throughout the Legislative Session to
provide an opportunity for updates on key bills.
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January 8, 2008 City Council Packet
5:00 P.M. WORK SESSION
6. 6:00 p.m. Meeting Review
1. Call to order.
2. Pledge of Allegiance.
3. City Clerk records council attendance.
4. Action to approve the following Consent Agenda Items *
A. Agenda.
D. Action on Resolution No. 01-08, CCO #1 (Final) for 2007-08STI Street Maintenance
and Overlay Project.
E. Action on Resolution No. 02-08, declaring a 1999 Elgin Pelican sweeper as surplus
property.
D. Action on Resolution No. 03-08, CCO#1 (Final) for AIP #3-46-0005-019-06 Runway
12/30 Rehabilitation Brookings Regional Airport.
E. Action on Resolution No. 04-08, Resolution Setting Certain Lease Rates at
the Brookings Regional Airport.
F. Action on Resolution No. 05-08, Resolution setting up a road district in River Ridge
Addition.
Action: Motion to approve, 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.
5. Open Forum.
6. SDSU Report.
Ordinances – 1st Readings **
7. Ordinance No. 02-08, Budget Amendment- Public Hearing: January 22, 2008
8. Ordinance No. 03-08, an Ordinance on a petition to rezone the north 1,550 feet of the
west 1/2 of the NW ¼ of Section 2-T109N-R50W, excluding Outlot C in the NW ¼ of
the NW ¼ and Lot D of the Christie Addition from an Agricultural A District to a
Residence R-2 and R-3 Districts. Public Hearing: January 22, 2008.
9. Ordinance No. 04-08, an Ordinance amending the zoning ordinance pertaining to
maintenance buildings on lots in certain business districts. Public Hearing: January
22, 2008.
Other Business.
10. Motion to approve a preliminary plat of Moriarty Heights Addition in the NW ¼ of
Section 2-T109N-R50W.
Action: Motion to approve, request public comment, roll call
11. Executive session for legal/contractual issues.
Action: Motion to enter executive session – voice vote
Motion to leave executive session – voice vote
12. Executive session for legal/contractual issues.
Action: Motion to enter executive session – voice vote
Motion to leave executive session – voice vote
13. Action on Resolution No. 06-08, A Resolution Authorizing The Transfer Of Real Property
To Brookings Economic Development Corporation, Inc. For Economic Development
Purposes
Action: Motion to approve, request public comment, roll call
14. Adjourn.
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January 8, 2008 City Council Packet
5:00 P.M. WORK SESSION
7. City Clerk Reports.
A. Upcoming Council Meetings
January 22nd
4:00 pm Joint meeting with Airport Board (tentative)
5:00 pm Work Session
9 Subsidy Policy
9 Sidewalk Café
9 Draft Ordinance related to posting of signs.
9 Update on Project Insight
9 Campaign Finance
6:00 pm Regular Meeting
9 MLK Presentations
9 2nd readings:
- Ordinance No. 02-08, Budget Amendment - - Streetscape Project.
- Ordinance No. 03-08, an Ordinance on a petition to rezone the north 1,550 feet
of the west 1/2 of the NW ¼ of Section 2-T109N-R50W, excluding Outlot C in
the NW ¼ of the NW ¼ and Lot D of the Christie Addition from an Agricultural A
District to a Residence R-2 and R-3 Districts.
- Ordinance No. 04-08, an Ordinance amending the zoning ordinance pertaining
to maintenance buildings on lots in certain business districts.
9 Transportation Board appointments
B. Council Invites & Obligations
Joint City Council & County Commission Meeting
Joint City Council & Airport Board (Jan. 22nd tentative)
City Council Annual Goal Setting Retreat
Town Hall Meeting
Brookings Day at the Legislature (Jan. 16th)
SDML Government Day at Legislature (Feb. 5 & 6)
National League of Cities – Congressional Conference (March 8-12)
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January 8, 2008 City Council Packet
5:00 P.M. WORK SESSION
8. 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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January 8, 2008 City Council Packet
6:00 P.M. REGULAR MEETING
1. Call to order.
2. Pledge of Allegiance.
3. City Clerk records council attendance.
4. Action to approve the following Consent Agenda Items *
A. Agenda.
F. Action on Resolution No. 01-08, CCO #1 (Final) for 2007-08STI Street
Maintenance and Overlay Project.
G. Action on Resolution No. 02-08, declaring a 1999 Elgin Pelican sweeper as
surplus property.
D. Action on Resolution No. 03-08, CCO#1 (Final) for AIP #3-46-0005-019-06
Runway 12/30 Rehabilitation Brookings Regional Airport.
E. Action on Resolution No. 04-08, Resolution Setting Certain Lease Rates at
the Brookings Regional Airport.
F. Action on Resolution No. 05-08, Resolution setting up a road district in River
Ridge Addition.
Action: Motion to approve, 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.
5. Open Forum.
6. SDSU Report.
Ordinances – 1st Readings **
7. Ordinance No. 02-08 - Budget Amendment. An Ordinance Entitled “An
Ordinance Authorizing A Supplemental Appropriation To The 2008 Budget For
The Purpose Of Providing For Additional Funds For The Operation Of The City.
Public Hearing: January 22, 2008
8. Ordinance No. 03-08, an Ordinance on a petition to rezone the north 1,550 feet
of the west 1/2 of the NW ¼ of Section 2-T109N-R50W, excluding Outlot C in
the NW ¼ of the NW ¼ and Lot D of the Christie Addition from an Agricultural A
District to a Residence R-2 and R-3 Districts.
Public Hearing: January 22, 2008.
9. Ordinance No. 04-08, an Ordinance amending the zoning ordinance pertaining
to maintenance buildings on lots in certain business districts.
Public Hearing: January 22, 2008.
** 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.
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January 8, 2008 City Council Packet
Other Business.
10. Motion to approve a preliminary plat of Moriarty Heights Addition in the NW ¼
of Section 2-T109N-R50W.
Action: Motion to approve, request public comment, roll call
11. Executive Session for pricing/marketing and legal/contractual issues.
Action: Motion to enter executive session – voice vote
Motion to leave executive session – voice vote
12. Executive Session for legal/contractual issues.
Action: Motion to enter executive session – voice vote
Motion to leave executive session – voice vote
13. Action on Resolution No. 06-08, A Resolution Authorizing The Transfer Of Real
Property To Brookings Economic Development Corporation, Inc. For Economic
Development Purposes
Action: Motion to approve, request public comment, roll call
14. Adjourn.
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.
17
January 8, 2008 City Council Packet
6:00 P.M. Meeting
CONSENT AGENDA #4
4. ACTION TO APPROVE THE FOLLOWING CONSENT AGENDA ITEMS
A. Agenda.
B. Action on Resolution No. 01-08, CCO #1 (Final) for 2007-08STI Street
Maintenance and Overlay Project.
C. Action on Resolution No. 02-08, declaring a 1999 Elgin Pelican sweeper as
surplus property.
D. Action on Resolution No. 03-08, CCO#1 (Final) for AIP #3-46-0005-019-06
Runway 12/30 Rehabilitation Brookings Regional Airport.
E. Action on Resolution No. 04-08, Resolution Setting Certain Lease Rates at
the Brookings Regional Airport.
F. Action on Resolution No. 05-08, Resolution setting up a road district in River
Ridge Addition.
Action: Motion to approve, roll call
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January 8, 2008 City Council Packet
CONSENT AGENDA #4
4B. Action on Resolution No. 01-08, CCO #1 (Final) for 2007-08STI Street
Maintenance and Overlay Project.
The 2007 Street Maintenance and Overlay Project has been completed. This project
entailed Freight on Board asphalt, asphalt milling and overlays, alley construction and
an asphalt overlay of the Middle School Parking Lot. The project was completed by
the completion date and the final cost was a decrease of $26,065.18 from the
contract price. The savings was due to adjustments in as-built quantities. The Middle
School Parking Lot portion of this project was billed to the Brookings School District.
The alley costs will be assessed to the abutting land owners and will be on a future
agenda. This resolution will final out the project.
Resolution No. 01-08
A Resolution Authorizing Final Change Order (CCO#1 Final) For
2007-08STI, Street Maintenance and Overlay Project
Bowes Construction, Inc.
BE IT RESOLVED by the City Council that the following change order be allowed for
2007-08STI: Street Maintenance and Overlay Project: Construction Change Order
Number 1 Final. Adjust estimated quantities as “as build” for a total decrease of
$26,065.18.
Passed and approved this 8th day of January, 2008.
CITY OF BROOKINGS
_________________________
Scott Munsterman, Mayor
ATTEST:
____________________________
Shari Thornes, City Clerk
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January 8, 2008 City Council Packet
CONSENT AGENDA #4
4C. Action on Resolution No. 02-08, declaring a 1999 Elgin Pelican sweeper as
surplus property.
The enclosed resolution will declare the city’s 1999 Elgin Pelican Sweeper as
surplus. The 1999 sweeper will be replaced with a 2008 Elgin Pelican Sweeper.
RESOLUTION NO. 02-08
DECLARING SURPLUS PROPERTY
WHEREAS, the City of Brookings is the owner of the following described heavy
equipment formerly used at the City of Brookings Street Department:
One (1) 1999 Elgin Pelican Sweeper serial number P-3062-S
WHEREAS, in the best financial interest, it is the desire of the City of Brookings
to sell same as surplus property;
WHEREAS, the City Manager hereby authorized to appoint three qualified
appraisers to appraise the value of the property;
NOW, THEREFORE, BE IT RESOLVED by the governing body of the City of
Brookings, South Dakota, that this property be declared surplus property according to
SDCL Chapter 6-13. The 1999 Elgin Pelican Sweeper will be replaced with a 2008 Elgin
Pelican Sweeper.
Passed and approved this 8th day of January, 2008.
_________________________________
Scott Munsterman, Mayor
ATTEST:
___________________________
Shari Thornes, City Clerk
20
January 8, 2008 City Council Packet
CONSENT AGENDA #4
4D. Action on Resolution No. 03-08, CCO#1 (Final) for AIP #3-46-0005-019-06
Runway 12/30 Rehabilitation Brookings Regional Airport.
This project entailed constructing an asphalt porous friction course overlay for
Runway 12/30. This project was completed by the completion date during the
summer of 2007, and the final punch list items have recently been completed.
This project was funded with a grant, and was paid at 95% FAA, 2% State, and 3%
City. The final change order is for a decrease of $52,832.02, which is
summarized as follows:
Project Bid Cost: $420,800.00
Net Change Previous Change Orders: $0.00
Adjusted Bid Cost: $420,800.00
Net Change This Change Order: -$52,832.02
Final Project Cost: $367,967.98
This resolution will adjust the bid quantities and final out the project for a
total decrease of $52,832.02.
Resolution No. 03–08
A Resolution Authorizing Final Change Order (CCO#1 Final) For
AIP# 3-46-0005-019-06, Runway 12/30 Rehabilitation Brookings Regional Airport
Bowes Construction, Inc.
BE IT RESOLVED by the City Council that the following change order be
allowed AIP #3-46-0005-019-06, Runway 12/30 Rehabilitation Brookings Regional
Airport: Construction Change Order Number 1 Final. Adjust estimated bid quantities
to “as build” quantities for a total decrease of $52,832.02.
Passed and approved this 8th day of January 2008.
CITY OF BROOKINGS
________________________________
Scott D. Munsterman, Mayor
ATTEST:
_________________________
Shari Thornes, City Clerk
21
January 8, 2008 City Council Packet
CONSENT AGENDA #4
4E. Action on Resolution No. 04-08, Resolution Setting Certain Lease Rates at
the Brookings Regional Airport.
The Airport Board discussed the land lease rates for the Brookings Regional Airport at
their December 22nd, 2007 meeting. The 2007 land lease rates for the Brookings
Regional Airport were $0.08 per square foot, and the Airport Board voted unanimously
to raise the rates to $0.10 per square foot. The Brookings City Ordinance in Chapter 18,
Aviation, references the Airport Board’s role as follows:
Section Sec. 18-39. Bylaws, rules and regulations.
Subject to approval of the City Council, the Airport Board shall make such bylaws,
rules and regulations as it may deem necessary for the orderly transaction and conduct
of its business.
Section 18-42. Advisory Role.
The Airport Board is advisory to the city manager and council on matters concerning
the city airport.
The following is an excerpt from the December 22nd, 2007 Airport Board Meeting:
Brookings Airport Board
December 20, 2007
Brookings, SD 57006
A meeting of the Brookings Airport Board was called to order by Vice-chairperson
Jeff Boulware at 3:40 PM on Thursday, December 20, 2007, in the Meeting Room at
City Hall. Members present were James Bailey, Harry Forsyth, Lynn Riedesel, and
Boulware. Robb Sexauer was absent. Also present were Jim Christophersen, Robb
McLaughlin, Harry Thompson Robert Fite, Dick Peterson, George Skon family, Randy
Hanson - Pheasant’s Fury, Street Superintendent Koss Delfinis, City Engineer Jackie
Lanning, Airport Operations and Maintenance Technician Jeremy Scott, and Airport
Manager Mike Wilson.
Item #8 – Discussion on lease rates at the airport – City Engineer Jackie Lanning
reported on lease rates in the future. She said that with the form of government the
city has, the Airport Board should give recommendations on rate increases, but the
City Council should make the final decision. She added that this is how other boards
in the city operate when rate increases are discussed. In the past, the Airport Board
made the decision, but since the new form of government was implemented, the
Board should be recommending to the Council, and it is up to the City Council to
make the final decision. Lanning said City Attorney Steve Britzman was consulted. He
said that the City Council should approve increases in lease rates, not the Airport
Board as it presents a conflict of interest to Board members. Boulware stated that
when raises continued in Watertown and Sioux Falls, hangars sat empty.
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January 8, 2008 City Council Packet
(Forsyth/Riedesel) Motion to recommend to the City Council to raise the current rate
of the land leases at the airport to $0.10 per square foot. Boulware, Forsyth,
Riedesel, and Sexauer voted yes. Bailey abstained. MOTION CARRIED.
The rate of $0.10 is a common rate in the eastern South Dakota region. This resolution
will approve the lease rate for the Brookings Regional Airport.
RESOLUTION NO. 04-08
A RESOLUTION SETTING CERTAIN LEASE RATES AT THE
BROOKINGS REGIONAL AIRPORT
WHEREAS, the City of Brookings is the owner of all land located within the
Brookings Regional Airport boundaries; and
WHEREAS, the land at the Brookings Regional Airport is available for lease by
the City of Brookings; and
WHEREAS, the City is desirous in establishing land lease rates at the Brookings
Regional Airport for hangar and property usage; and
NOW THEREFORE, BE IT RESOLVED that the land lease rate be set at $0.10 per
square foot for 2008.
Passed and approved this 8th day of January, 2008.
CITY OF BROOKINGS
___________________________________
Scott D. Munsterman, Mayor
ATTEST:
_____________________________________
Shari Thornes, City Clerk
23
January 8, 2008 City Council Packet
CONSENT AGENDA #4
4F. Action on Resolution No. 05-08, Resolution setting up a road district in River
Ridge Addition.
Proposal: Create a county road district (special district) in the River Ridge Addition in
the Joint Jurisdictional Area.
Background: The organization of a special district creates a separate governmental
entity with certain powers, rights and responsibilities as outlined in state statutes
(SDCL Chapter 31). The reason special districts are organized is to assume the
responsibility for a service, maintenance or construction of a certain public need as
designated by the type of district being formed. Once formed, the District is an
incorporated governmental subdivision of the State of South Dakota. The Board of
Trustees is the governing body of the district and must answer to its voters and state
statute.
The petitioning process is required to form any special taxing district. The petition
must contain appropriate language, an accurate legal description of the area for the
proposed district and a map outlining the area to be included. It must also proceed in
a structured time line.
Specifics: The City of Brookings is involved in this process since the River Ridge
Addition is under its platting jurisdiction through an agreement in the 1980 Joint
Jurisdiction Area Zoning Ordinance. SDCL 31-12A-5.1 requires approval of such a
district by a municipality prior to its submission to Board of County Commissioners.
Resolution No. 05-08
Resolution Authorizing River Ridge Road District
Brookings County, South Dakota
WHEREAS, the City of Brookings has received a petition requesting the organization and incorporation
of the River Ridge Road District; and
WHEREAS, said petition indicates the desire of qualified landowners within the proposed boundaries to
create the River Ridge Road District; and
NOW, THEREFORE, BE RESOLVED, that the City of Brookings approves the request for the River Ridge
Road District.
Passed and approved this 8th day of January, 2008.
CITY OF BROOKINGS
____________________________
Scott Munsterman, Mayor
ATTEST:
________________________
Shari Thornes, City Clerk
24
January 8, 2008 City Council Packet
OPEN FORUM
5. INVITATION FOR A CITIZEN TO SCHEDULE TIME ON THE COUNCIL AGENDA
FOR AN ISSUE NOT LISTED.
At this time, any member of the public may request time on the agenda for an
item not listed. Items are typically scheduled for the end of the meeting;
however, very brief announcements or invitations will be allowed at this time.
6. SDSU REPORT
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January 8, 2008 City Council Packet
ORDINANCES – 1ST READINGS
7. Ordinance No. 02-08 - Budget Amendment. An Ordinance Entitled “An
Ordinance Authorizing A Supplemental Appropriation To The 2008 Budget
For The Purpose Of Providing For Additional Funds For The Operation Of
The City.
Public Hearing: January 22, 2008
The budget amendment #1 is recognizing additional anticipated revenues and
expenses for the Streetscape Project which includes the following:
• an additional donation of $50,000,
• transferring of an additional $389,560 from the sales & use tax to fund the
project,
• transferring the sidewalk improvements budgeted for 2008 within the
special revenue fund to the Streetscape Project (this includes both the
transfer from sales and use tax and the expenditure of $300,000), and
• budgeting for the water sewer assessment within the special assessment
fund for $380,000.
The project will not be completed soon enough in 2008 to allow for billing and
collection of the assessment or a portion of the assessment in 2008. We will be
budgeting for the revenue in 2009 and future years.
Total additional money being requested is $446,560 because $300,000 of
expenditures was budgeted for in the original budget ordinance we are just
moving it from one fund to another.
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January 8, 2008 City Council Packet
2008 2008 2008
Adopted Amendment Amended
Streetscape Project # 1 Budget
513-000-4-334-09 Grants 357,000 357,000
513-000-4-446-10 Donations 1,200,000 50,000 1,250,000
513-000-6-700-04 Transfer In from S&U Tax 0 389,560 389,560
513-000-6-700-04 Transfer In from S&U Tax 700,000 300,000 1,000,000
513-000-6-700- Transfer In Utilities 343,000 7,000 350,000
Total Revenue 2,600,000 746,560 3,346,560
513-000-5- Sewer and Water Installation 343,000 7,000 350,000
513-000-5-940-00 Streets and sidewalks 2,257,000 300,000 2,557,000
513-000-5-940-00 Signal 0 100,000 100,000
Streetscape Contingency 0 339,560 339,560
Total Streetscape Project 2,600,000 746,560 3,346,560
Special Assessment
280-000-4-663-43 Special Assessment Deferred 40,000 40,000
280-000-4-663-44 Special Assessment Interest 8,000 8,000
280-000-4-663-45 Special Assessment Current 400,000 400,000
280-000-4-663-46 Special Assessment Delinquent 200 200
280-000-4-661-00 Interest Income 0 0
280-000-4-661-01 Money Market Interest Income 3,000 3,000
280-000-4-441-08 Reimbursed Expense 0 0
280-000-6-700- Transfer in Sales & Use 300,000 (300,000) 0
Total Revenue 751,200 (300,000) 451,200
280-000-5-950-01 Capital less than $5,000 0 0
280-000-5-960-00 Street & Sidewalk Improvements 150,000 150,000
280-000-5-960-00 Streetscape Sidewalk Improve 300,000 (300,000) 0
280-000-5-960-00 Water and Sewer Services 0 380,000 380,000
Total Capital Expenses 450,000 80,000 530,000
Total Special Assmnt Cost 450,000 530,000
Net Cost 301,200 (78,800)
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January 8, 2008 City Council Packet
ORDINANCE NO. 02-08
An Ordinance Entitled “An Ordinance Authorizing A Supplemental Appropriation To The 2008 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, the City Council voted to proceed with final design for the Streetscape Project and
the preparation of construction documents on December 11, 2007,
AND WHEREAS, the Brookings Municipal Utilities is replacing water and sewer mains on main
avenue,
AND WHEREAS, the City of Brookings is replacing all services for water and sewer deemed
necessary to bring connections up to current standards,
AND WHEREAS, the City of Brookings is replacing traffic signals at third street and main
avenue to bring traffic lighting equipment up to current standards,
AND WHEREAS, the City of Brookings deems it necessary to create a contingency fund of 13%
of the base bid for unanticipated expenses during the bidding and construction process,
AND WHEREAS STATE LAW (SDCL 9-21-7) AND THE CITY CHARTER (4.06 (a) permit
supplemental appropriations provided there are sufficient funds and revenues available to pay
the appropriation when it becomes due,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL that the City Manager be
authorized to make the following budget adjustments to the 2008 budget:
Budget Amendment #1
Revenue Expense
Special Assessment Fund (300,000) 80,000
Total Special Assessment Fund (300,000) 80,000
Streetscape Project 746,560 746,560
Total Capital Projects 746,560 746,560
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.
ALL ORDINANCES or parts of Ordinances in conflict herewith are hereby repealed.
FIRST READING: January 8, 2008
SECOND READING: January 22, 2008
PUBLISHED: January 25, 2008
CITY OF BROOKINGS
_________________________
Scott D. Munsterman, Mayor
ATTEST
____________________________
Shari Thornes, City Clerk
29
January 8, 2008 City Council Packet
ORDINANCES – 1ST READINGS
8. Ordinance No. 03-08, an Ordinance on a petition to rezone the north 1,550
feet of the west 1/2 of the NW ¼ of Section 2-T109N-R50W, excluding
Outlot C in the NW ¼ of the NW ¼ and Lot D of the Christie Addition from an
Agricultural A District to a Residence R-2 and R-3 Districts.
Public Hearing: January 22, 2008.
Applicant: Paul Moriarty
Proposal: Establish medium and high-density zoning districts on an undeveloped
acreage
Background: This acreage was annexed into the city in October 2006. The original
plan was for only low-density residential development.
Specifics: The rezoning proposal would establish medium-density zoning on
approximately 40 percent of the parcel. It would involve 39 lots in the north end. A
high-density residential district would make up the balance and include 59 lots.
The R-2 and R-3 designations allow for low, medium, and high densities. The design of
the R-2 portion indicates that the actual development will be low-density. The R-3
portion will also be predominately low-density except for the large lot on the west
side. The R-2 and R-3 District regulations require less yard areas which, in turn, allow
for higher densities and greater flexibility for single-family or mixed use
neighborhoods.
The neighboring subdivisions to the west and north are zoned R-1B. Twentieth Street
South is a minor arterial and Western Avenue is a minor collector. Transitioning to
higher density zoning districts is common across collector and arterial streets. In
addition, the density planned for most of the area is not that different from the
adjoining subdivisions.
Recommendation: The Planning Commission voted 6 yes and 0 no to recommend
approval of the rezoning request as presented.
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January 8, 2008 City Council Packet
Ordinance No. 03-08
An Ordinance to Change the Zoning within the City of Brookings
Be it ordained by the governing body of the City of Brookings, South Dakota,
that the real estate situated in the City of Brookings, County of Brookings, State of
South Dakota, described as follows: the North 1,550 feet of the West ½ of the NW ¼
of Section 2-T109N-R50W, excluding Outlot C in the NW ¼ of the NW ¼ and Lot D of
Christie Addition be and the same is hereby rezoned and reclassified from an
Agricultural A District to a Residence R-2 and R-3 Districts.
In accordance with Section 94.7 of Article I of Ordinance 25-02 of the Code of
Ordinances of Brookings, South Dakota, as said districts are more fully set forth and
described in Articles III and IV of Ordinance No. 25-02 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.
25-02 of the City of Brookings, South Dakota.
Section 3. All sections and ordinances in conflict herewith are hereby repealed.
FIRST READING: January 8, 2008
SECOND READING AND ADOPTION: January 22, 2008
PUBLISHED: January 25, 2008
CITY OF BROOKINGS
Scott D. Munsterman, Mayor
ATTEST:
Shari Thornes, Brookings City Clerk
31
January 8, 2008 City Council Packet
Planning Commission
Brookings, South Dakota
December 4, 2007
OFFICIAL MINUTES
Vice-chairperson Greg Fargen called the regular meeting of the City Planning
Commission to order on December 4, 2007 at 7:00 PM in the Auxiliary Room at City
Hall. Members present were John Gustafson, David Kurtz, Larry Fjeldos, Stacey
Howlett, Mike Cameron, and Fargen. Justin Hyde, Curt Ness, and, Sandra Moore were
absent. Others present were David Kneip, Alfred Andrawis, Mike Mullaney, Dick
Fergen, City Councilors Mike Bartley and Ryan Brunner, City Engineer Jackie Lanning,
Planning Administrator Dan Hanson, and others.
Item #4 – M,LLC has submitted a petition to rezone the north 1,550 feet of the west
one-half of the NW ¼ of Section 2-T109N-R50W excluding Outlot C in the NW ¼, NW ¼
and Lot D of the Christie Addition from an Agricultural A District to a Residence R-2
and R-3 Districts.
(Fjeldos/Cameron) Motion to approve the rezoning as proposed. All present
voted aye. MOTION CARRIED.
SUMMARY OF DISCUSSION
Vice-chairperson Greg Fargen called the regular meeting of the City Planning
Commission to order on December 4, 2007 at 7:00 PM in the Auxiliary Room at City
Hall. Members present were John Gustafson, David Kurtz, Larry Fjeldos, Stacey
Howlett, Mike Cameron, and Fargen. Justin Hyde, Curt Ness, and, Sandra Moore were
absent. Others present were David Kneip, Alfred Andrawis, Mike Mullaney, Dick
Fergen, City Councilors Mike Bartley and Ryan Brunner, City Engineer Jackie Lanning,
Planning Administrator Dan Hanson, and others.
Item #4 – Hanson stated that the rezoning proposal involved medium and high-density
zoning. A Residence R-2 District was proposed on the north end and included 39 lots.
The R-3 District on the south side had 59 lots.
David Kneip, representing M,LLC, stated that the lot sizes would be comparable
to the Indian Hills Subdivision to the north.
Fjeldos noted that the area proposed to be rezoned was separated from the
adjacent subdivisions by a collector and arterial street. These were natural transitions
between different zoning districts.
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January 8, 2008 City Council Packet
Sec. 94-126. RESIDENCE R-2 TWO-FAMILY DISTRICT
(a) Intent. This district is intended to provide for areas of residential use with a density of six
to eighteen dwelling units per acre. This district provides for single-family, two-family,
townhouse and multiple-family residential uses plus support facilities such as schools, parks,
churches and community and public buildings.
(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 regulations of the Residence R-2 Two-Family
District.
(c) Permitted Uses.
1. Single-family dwelling including accessory uses incidental thereto such as private
garages, parking areas, etc.
2. Two-family dwelling including accessory uses incidental thereto such as private
garages, parking areas, etc.
(d) Permitted Special Uses: A building or premises may be used for the following purposes in
conformance with conditions prescribed herein:
1. All permitted special uses and conditions as stated in Sections 94-124(d)(R-1A) and 94-
125(d)(R-1B).
2. Single-family zero (0') sideyard dwelling.
a. A maximum of four (4) attached dwelling units are permitted.
b. Additional lot area requirements apply (subsection f of this section).
3. Funeral home or mortuary.
a. One of the frontages of the premises shall abut upon an arterial or collector street.
(e) Conditional Uses.
1. Vocational or trade school
2. Retirement or nursing home
3. Group home
4. Major home occupation
5. Public recreation facility
6. Non-municipal library, museum, art gallery, community center, private club or lodge
7. Domestic abuse shelter
8. Townhouse
9. Apartment or condominium
10. Boardinghouse
11. Office
12. Bed and breakfast establishment
13. Fraternity/Sorority
14. Day Care Facility
(f) Density, Area, Yard and Height Regulations.
The R-2 district regulations shall be as follows:
Per Min. Min. Min. Min. Min. Max.
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January 8, 2008 City Council Packet
Unit Lot Lot Front Side Rear Height
Density Area Width Yard Yard Yard
Sq.Ft. Sq.Ft.
Single-Family
Dwelling 7,500 7,500 50' 25' 7' 25' 35'
SF 0' Sideyard
2 Units 6,000 12,000 80' 25' 0' or 7' 25' 35'
on non-
party wall
SF 0' Sideyard
3 Units 5,000 15,000 100' 25' 0' or 7' 25' 35'
on non-
party wall
SF 0' Sideyard
4 Units 4,500 18,000 120' 25' 0' or 7' 25' 35'
on non-
party wall
Two-Family Dwellings
Condominiums
Townhouses
2 Units 4,950 9,900 65' 25' 7' 25' 35'
3 Units 4,100 12,300 80' 25' 7' 25' 35'
4 Units 3,675 14,700 95' 25' 7' 25' 35'
Apts, Condos,
Townhouses*
5 or more Units 2,420** 16,000 100' 25' 7'*** 25' 35'
Per Min. Min. Min. Min. Min. Max.
Unit Lot Lot Front Side Rear Height
Density Area Width Yard Yard Yard
Sq.Ft. Sq.Ft.
Other Allowable
Uses 7,500 50' 25' 7'*** 25' 35
*Three hundred (300) square feet of landscaped area shall be provided for each dwelling unit
exclusive of required building setback areas, access drives and parking lots. Two thirds (2/3)
of the landscaped area shall be located in a continuous, single tract which contains no
portions thereof which are not contiguous, adjacent and abutting to either the entire width
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January 8, 2008 City Council Packet
or entire length of said tract. Parking lots shall be screened from single and two-family
residential uses according to Section 94-401.
**A maximum of 18 dwelling units per acre shall be allowed.
***The sideyard will be required to be increased to 10 feet when the building is 3 or more
stories in height.
Density per family requirements shall not apply to dormitories, fraternities, sororities,
nursing homes or other similar group quarters where no facilities are provided in individual
rooms.
(g) Accessory Uses. Accessory uses and building permitted in the R-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 R-2 District shall be in
conformance with the regulations set forth in division 4 of article VI.
(i) Sign Regulations. Signs within the R-2 District shall be in conformance with the regulations
set forth in division 5 of article VI.
(j) Other Regulations. Development within the R-2 District shall be in conformance with the
regulations set forth in article II.
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January 8, 2008 City Council Packet
Sec. 94-127. RESIDENCE R-3 APARTMENT DISTRICT
(a) Intent. This district is intended to provide for areas of residential use with a gross
density of seven to twenty-four dwelling units per acre. This district provides for single-
family, two-family, apartments, condominiums, townhouses, fraternities and sororities
plus support facilities such as schools, parks, churches and community and public
buildings.
(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 Residence R-3 Apartment District.
(c) Permitted Uses.
1. Single-family dwelling including accessory uses incidental thereto such as
private garages, parking areas, etc.
2. Two-family dwelling including accessory uses incidental thereto such as
private garages, parking areas, etc.
3. Single-family zero (0') side yard dwelling
4. Apartment or condominium
5. Townhouse
6. Fraternity and sorority
7. Family day care
(d) Permitted Special Uses. A building or premises may be used for the following
purposes in conformance with the conditions prescribed herein:
1. All permitted special uses and conditions as stated in Section 94-124(d)(R-1A).
2. All permitted special uses and conditions as stated in Section 94-125(d)(R-1B)
excluding family day care.
3. All permitted special uses and conditions as stated in Section 94-126 (R-2),
excluding single-family zero (0') side yard dwelling and family day care.
4. Day care facility.
a. A 4-foot high transparent fence shall be constructed between the play area
and the street when the play area is adjacent to any arterial or collector
street.
b. A safe pick-up and drop-off area shall be provided.
5. Boardinghouse.
a. Parking areas shall be screened from adjacent residential properties with a
four (4) foot high opaque fence.
b. Asphalt or concrete surfacing of the lot will be required for all parking lots
with five (5) or more spaces.
6. Retirement or nursing home.
a. Parking areas shall be screened from adjacent residential properties by a four
(4) foot high fence or equivalent landscaping.
7. Group home.
a. Applicants shall provide statements as to the type of supervision the home
will have.
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January 8, 2008 City Council Packet
8. Domestic abuse shelter.
a. All parking shall be provided on the premises.
(e) Conditional Uses.
1. Public recreation facility
2. Non-municipal library, museum, art gallery, community center, private club or
lodge
3. Major home occupation
4. Vocational or trade school
5. Office
6. Bed and breakfast
(f) Density, Area, Yard and Height Regulations: The R-3 district regulations shall be as
follows:
Per Min. Min. Min. Min. Min. Max.
Unit Lot Lot Front Side Rear Height
Density Area Width Yard Yard Yard
Sq.Ft. Sq.Ft.
Single-Family
Dwelling 6,000 50' 20' 7' 25' 35'
Two dwelling
Units 8,400 65' 20' 7' 25' 35'
SF Attached
0' Sideyard 9,600 75' 20' 0' or 7' 25' 35'
2 Units on non-party wall
3 Units 12,000 90' 20' 0' or 7' 25' 35'
on non-party wall
4 Units 14,000 105' 20' 0' or 7' 25' 35'
on non-party wall
Apts., Condos,
Townhouses*
(3 or more Units) 1,815** 10,000 75' 20' 7'*** 25' 45'
Per Min. Min. Min. Min. Min. Max.
Unit Lot Lot Front Side Rear Height
Density Area Width Yard Yard Yard
Sq.Ft. Sq.Ft.
Other Allowable Uses 6,000 50' 20' 7'*** 25' 45'
*Three hundred (300) square feet of landscaped area shall be provided for each dwelling unit exclusive
of required building setback areas, access drives and parking lots. Two thirds (2/3) of the landscaped
area shall be located in a continuous, single tract which contains no portions thereof which are not
contiguous, adjacent and abutting to either the entire width or entire length of said tract. 50% of the
required landscaped area may be used for parking spaces in excess of the minimum requirement.
Parking lots shall be screened from single and two-family residential uses according to Section 94-401.
**A maximum of 24 dwelling units per acre shall be allowed.
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January 8, 2008 City Council Packet
***The sideyard will be required to be increased to 10 feet when the building is 3 or more stories in
height.
Density per family requirements shall not apply to dormitories, fraternities, sororities, nursing
homes or other similar group quarters where no facilities are provided in individual rooms.
(g) Accessory Uses. Accessory uses and building permitted in the R-3 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 R-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 R-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 R-3 District shall be in conformance with the regulations
set forth in article II of this chapter
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January 8, 2008 City Council Packet
ORDINANCES – 1ST READINGS
9. Ordinance No. 04-08, an Ordinance amending the zoning ordinance
pertaining to maintenance buildings on lots in certain business districts.
Public Hearing: January 22, 2008.
Proposal: Allow maintenance buildings on undeveloped commercial lots
Specifics: I have drafted an ordinance amendment that would allow a maintenance
building on a commercial lot with two (2) or more acres. It would be differentiated
from an “accessory” building since the “principal” use would not be established on a
vacant lot. Once a principal use was established, it would simply be accessory, at that
time, to that use.
Recommendation: The Planning Commission voted 6 yes and 0 no to recommend
approval of the zoning amendment.
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January 8, 2008 City Council Packet
ORDINANCE NO. 04-08
An ordinance amending the zoning ordinance of the City of Brookings and pertaining
to maintenance buildings on certain commercial lots for the purposes of
administration of the zoning ordinance
Be it ordained by the governing body of the City of Brookings, South Dakota: that
Article I, in General and Article VI. Supplemental Regulations shall be amended as
follows:
ARTICLE I. IN GENERAL
Sec. 94-1 DEFINITIONS
Maintenance Building: A building where equipment is stored for the purposes of
lawn mowing, tree trimming and other general upkeep of the lot on which it is
located.
ARTICLE VI. SUPPLEMENTAL REGULATIONS
DIVISON 2. USE REGULATIONS
Sec. 94-365 Accessory Buildings and Uses
(b) In the B-2, B-2A, B-3, B-4, I-1, I-1R and I-2 districts, accessory or maintenance
buildings are limited to the following:
(1 )Accessory buildings containing not more than 120 square feet of floor area and
used solely for the storage of ground maintenance equipment used on the premises.
(2) Maintenance buildings containing not more than 120 square feet of floor area and
used solely for the storage of ground maintenance equipment used on the premises
provided the lot contains two acres or more of area.
Any or all ordinances in conflict herewith are hereby repealed.
FIRST READING: January 8, 2008
SECOND READING: January 22, 2008
PUBLISHED: January 25, 2008
CITY OF BROOKINGS, SOUTH DAKOTA
___________________________________
Scott D. Munsterman, Mayor
ATTEST:
________________________
Shari Thornes, Brookings City Clerk
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January 8, 2008 City Council Packet
Planning Commission
Brookings, South Dakota
December 4, 2007
OFFICIAL MINUTES
Vice-chairperson Greg Fargen called the regular meeting of the City Planning
Commission to order on December 4, 2007 at 7:00 PM in the Auxiliary Room at City
Hall. Members present were John Gustafson, David Kurtz, Larry Fjeldos, Stacey
Howlett, Mike Cameron, and Fargen. Justin Hyde, Curt Ness, and, Sandra Moore were
absent. Others present were David Kneip, Alfred Andrawis, Mike Mullaney, Dick
Fergen, City Councilors Mike Bartley and Ryan Brunner, City Engineer Jackie Lanning,
Planning Administrator Dan Hanson, and others.
Item #5 – The City of Brookings has submitted amendments to Chapter 94, Zoning,
pertaining to an accessory building on a lot in a business district, to wit:
ARTICLE I. IN GENERAL
Sec. 94-1 DEFINITIONS
Maintenance Building: A building where equipment is stored for the purposes of
lawn mowing, tree trimming and other general upkeep of the lot on which it is
located.
ARTICLE VI. SUPPLEMENTAL REGULATIONS
DIVISION 2. USE REGULATIONS
Sec. 94-365 Accessory Buildings and Uses
(b) In the B-2, B-2A, B-3, B-4, I-1, I-1R and I-2 districts, accessory or maintenance
buildings are limited to the following:
(1) Accessory buildings containing not more than 120 square feet of floor area and
used solely for the storage of ground maintenance equipment used on the
premises.
(2) Maintenance buildings containing not more than 120 square feet of floor
area and used solely for the storage of ground maintenance equipment
used on the premises provided the lot contains two acres or more of area.
(Gustafson/Fjeldos) Motion to approve the amendment. All present voted aye.
MOTION CARRIED.
SUMMARY OF DISCUSSION
Vice-chairperson Greg Fargen called the regular meeting of the City Planning
Commission to order on December 4, 2007 at 7:00 PM in the Auxiliary Room at City
Hall. Members present were John Gustafson, David Kurtz, Larry Fjeldos, Stacey
Howlett, Mike Cameron, and Fargen. Justin Hyde, Curt Ness, and, Sandra Moore were
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January 8, 2008 City Council Packet
absent. Others present were David Kneip, Alfred Andrawis, Mike Mullaney, Dick
Fergen, City Councilors Mike Bartley and Ryan Brunner, City Engineer Jackie Lanning,
Planning Administrator Dan Hanson, and others.
Item #5 – Hanson stated that the amendment was created so that a maintenance
building would be similar to, but separate from, an accessory building. A minimum lot
area was included to limit the use only to lots that required larger maintenance
equipment that could be difficult to trailer to the site.
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January 8, 2008 City Council Packet
Other Business.
10. Motion to approve a preliminary plat of Moriarty Heights Addition in the NW
¼ of Section 2-T109N-R50W.
Applicant: Paul Moriarty
Proposal: Create a residential development plan for land at 20th Street South and Western
Avenue
Background: A preliminary plan was approved for this area in December 2006. However, the
land remained in the Ag District, and no development has occurred. This acreage is planned
for residential development on the Future Land Use Map in the Vision 2020 Comprehensive
Plan.
Specifics: The various elements of this subdivision plan are addressed below.
Street Design – All streets, eyebrows, and cul-de-sacs conform to minimum width and radius
requirements. It is recommended that the Larkspur Ridge Circle cul-de-sac be redesigned as a
standard cul-de-sac due to the unusual shape of Lot 33 that is created by the off-set cul-de-
sac design.
Street intersection alignments are acceptable, and street widths are appropriate in regards to
the major street plan for this area.
Land Design – Block lengths are within the guidelines, and block design allows for two tiers of
lots. Lots fronting on streets with higher classifications have secondary frontages for access.
All interior lot lines are straight and at right angles to the rights-of-way.
Open Space – No dedicated open space is shown on the plan (see drainage plan). The long-
range plan for this area would be to establish a park area in conjunction with the southeast
corner as additional land is annexed and developed in this area.
Drainage Plan – The high point of the land generally starts at the northwest corner and falls
toward the southwest and southeast corners. Detention areas are shown in those corners that
would control stormwater run-off. Engineer’s Comment - Our office approved the
preliminary drainage plan in December 2006 for the previous design of this development. The
new design for this development shows the detention in the same locations as previously
submitted, which are in the southwest and southeast corners of this parcel. The final drainage
plan will need to reflect the new layout and flows associated with the new design. This will
be required before the developer can final plat any lots. I recommend approval of this
preliminary plat.
Grading - Grading is anticipated to be minimal since a separate grading plan was not
submitted.
Recommendation: The Planning Commission voted 6 yes and 0 no to recommend approval of
the Preliminary Plat with an amended street design.
Action: Motion to approve, request public comment, roll call
City Manager Recommendation: Approve
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January 8, 2008 City Council Packet
Planning Commission
Brookings, South Dakota
December 4, 2007
OFFICIAL MINUTES
Vice-chairperson Greg Fargen called the regular meeting of the City Planning
Commission to order on December 4, 2007 at 7:00 PM in the Auxiliary Room at City
Hall. Members present were John Gustafson, David Kurtz, Larry Fjeldos, Stacey
Howlett, Mike Cameron, and Fargen. Justin Hyde, Curt Ness, and, Sandra Moore were
absent. Others present were David Kneip, Alfred Andrawis, Mike Mullaney, Dick
Fergen, City Councilors Mike Bartley and Ryan Brunner, City Engineer Jackie Lanning,
Planning Administrator Dan Hanson, and others.
Item #3 – M, LLC has submitted a preliminary plat of the north 1,550 feet of the west
one-half of the NW ¼ of Section 2-T109N-R50W excluding Outlot C in the NW ¼, NW ¼
and Lot D, Christie Addition
(Cameron/Fjeldos) Motion to approve the preliminary plat
(Kurtz/Cameron) Amendment to the motion to require a symmetrical cul-de-
sac design for Larkspur Ridge Circle. All present voted aye. AMENDMENT CARRIED.
The motion, as amended, was voted on. All present voted aye. MOTION CARRIED.
SUMMARY OF DISCUSSION
Vice-chairperson Greg Fargen called the regular meeting of the City Planning
Commission to order on December 4, 2007 at 7:00 PM in the Auxiliary Room at City
Hall. Members present were John Gustafson, David Kurtz, Larry Fjeldos, Stacey
Howlett, Mike Cameron, and Fargen. Justin Hyde, Curt Ness, and, Sandra Moore were
absent. Others present were David Kneip, Alfred Andrawis, Mike Mullaney, Dick
Fergen, City Councilors Mike Bartley and Ryan Brunner, City Engineer Jackie Lanning,
Planning Administrator Dan Hanson, and others.
Item #3 – Hanson summarized the various components of the proposed plan. This
included the street design, land design, and open space. He recommended a balanced
cul-de-sac design over the off-set style for Larkspur Ridge Circle.
David Kneip, representing M,LLC, stated the plan would allow for a mix of
residential uses. He did not feel changing the cul-de-sac design was an issue.
Alfred Andrawis, a neighbor, was concerned about higher residential densities
adjacent to unimproved roads. Mike Mullaney, a neighbor, was concerned that
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January 8, 2008 City Council Packet
development east of Western Avenue would send too much surface water through
Esther Heights. Lanning responded that the stormwater flows from any new
development could not be greater than the current flows. She added that future
improvements to Western Avenue would include stormwater piping.
Mullaney asked what was planned for the large lot adjacent to Western
Avenue. Hanson replied that high-density uses were common on large platted lots.
Cameron felt the subdivision plan met the land use plan for the area, and the
transition from adjacent subdivisions was appropriate.
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January 8, 2008 City Council Packet
Other Business.
11. Executive session for marketing and pricing strategies & legal/contractual
issues.
SDCL 1-25-2. Executive or closed meetings.
Executive or closed meetings may be held for the sole purpose of:
1. Discussing the qualifications, competence, performance, character or
fitness of any public officer or employee or prospective public officer or
employee. The term “employee” does not include any independent
contractors;
2. Discussing the expulsion, suspension, discipline, assignment of or the
educational program of a student;
3. Consulting with legal counsel or reviewing communications from legal
counsel about proposed or pending litigation or contractual matters;
4. Preparing for contract negotiations or negotiating with employees or
employee representatives;
5. Discussing marketing or pricing strategies by a board or commission of a
business owned by the state or any of its political subdivisions, where
public discussions would be harmful to the competitive position of the
business.
However, any official action concerning such matters shall be made at an
open official meeting. An executive or closed meeting shall be held only
upon a majority vote of the members of such body present and voting,
and discussion during the closed meeting is restricted to the purpose
specified in the closure motion. Nothing in 1-25-1 or this section may be
construed to prevent an executive or closed meeting if the federal or
state Constitution or the federal or state statutes require or permit it. A
violation of this section is a Class 2 misdemeanor.
Action: Motion to enter executive session – voice vote
Motion to leave executive session – voice vote
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January 8, 2008 City Council Packet
Other Business.
12. Executive session for legal/contractual issues.
SDCL 1-25-2. Executive or closed meetings.
Executive or closed meetings may be held for the sole purpose of:
1. Discussing the qualifications, competence, performance, character or
fitness of any public officer or employee or prospective public officer or
employee. The term “employee” does not include any independent
contractors;
2. Discussing the expulsion, suspension, discipline, assignment of or the
educational program of a student;
3. Consulting with legal counsel or reviewing communications from legal
counsel about proposed or pending litigation or contractual matters;
4. Preparing for contract negotiations or negotiating with employees or
employee representatives;
5. Discussing marketing or pricing strategies by a board or commission of a
business owned by the state or any of its political subdivisions, where
public discussions would be harmful to the competitive position of the
business.
However, any official action concerning such matters shall be made at an
open official meeting. An executive or closed meeting shall be held only
upon a majority vote of the members of such body present and voting,
and discussion during the closed meeting is restricted to the purpose
specified in the closure motion. Nothing in 1-25-1 or this section may be
construed to prevent an executive or closed meeting if the federal or
state Constitution or the federal or state statutes require or permit it. A
violation of this section is a Class 2 misdemeanor.
Action: Motion to enter executive session – voice vote
Motion to leave executive session – voice vote
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January 8, 2008 City Council Packet
13. Action on Resolution No. 06-08, A Resolution Authorizing The Transfer Of Real
Property To Brookings Economic Development Corporation, Inc. For
Economic Development Purposes
The Brookings Economic Development Corporation, Inc. desires to purchase
approximately 7.7 acres of real property located in Section 30, Township 110N,
Range 49W of the City of Brookings, South Dakota, for a price of $10,000 per
acre. This parcel is described as Lot 2A, Block 3, Telkamp Industrial Addition.
This resolution will transfer approximately 7.7 acres to the Brookings Economic
Development Corporation.
Action: Motion to approve, request public comment, roll call
City Manager Recommendation – Approve
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January 8, 2008 City Council Packet
RESOLUTION NO. 06-08
A Resolution Authorizing The Transfer Of Real Property To Brookings Economic
Development Corporation, Inc. For Economic Development Purposes
BE IT RESOLVED by the City Council of the City of Brookings, South Dakota as
follows:
WHEREAS, the Brookings Economic Development Corporation, Inc. desires to
purchase approximately 7.7 acres of real property located in Telkamp Industrial
Addition, more accurately described as Lot 2A, Block 3, Telkamp Industrial Addition of
Section 30, R49W, T110N of the City of Brookings, South Dakota, for a price of
$10,000 per acre, and
WHEREAS, for the express purpose of furthering economic growth and
development of the City of Brookings, South Dakota the Brookings Economic
Development Corporation, Inc. agrees to sell, convey or otherwise transfer said
property to a legal entity which is, or will be, conducting business in the City of
Brookings, South Dakota, and
WHEREAS, it is in the best interests of the City of Brookings that the City
provide its economic development assistance in this matter to aid and assist with the
completion of the aforesaid transaction which will further economic development in
the City of Brookings; and
WHEREAS, the City is authorized to enter into this transaction as an economic
development activity under the laws of the State of South Dakota;
NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of
Brookings, South Dakota, as follows:
A. That the City convey title to the above-described property to the Brookings
Economic Development Corporation, Inc. for sale of the above-described
property to a business; and
B. That the Mayor, City Clerk and City Manager are authorized to execute the
required
documents in accordance with this Resolution.
Passed and approved on the 8th day of January, 2008.
________________________
Scott D. Munsterman, Mayor
Attest:
Shari Thornes, City Clerk
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January 8, 2008 City Council Packet
14. Adjourn.
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