HomeMy WebLinkAbout2008_01_22 CC PKTJanuary 22, 2008 City Council Packet
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Brookings City Council
Tuesday, January 22, 2008
City Hall Council Chambers
311 Third Avenue
4:00 p.m. – Meeting with Airport Board (upstairs meeting room)
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.
4:00 P.M. CITY COUNCIL MEETING WITH BROOKINGS REGIONAL AIRPORT BOARD
1. Hangars
2. FBO RFP Update
3. General Runway Length Philosophy
4. Airport Leases
5. Update on Communication / Information Flow
6. Identification of other issues.
5:00 P.M. WORK SESSION
1. Traffic Modeling Study for 34th Avenue/20th Street Overpass Improvement
Project.
2. Draft Campaign Finance Ordinances Revisions.
3. Project Insight Update.
4. I-29 Corridor Project Update.
5. Council Goal Setting Retreat / Town Hall Meeting.
6. Legislative updates.
Sidewalk sales of alcohol.
Liquor
Transportation Bill
Department of Transportation Meeting
7. 6:00 p.m. Meeting Review.
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8. City Clerk Reports:
A. Upcoming Council Meetings
B. Council Invites & Obligations
Joint Meeting with County Commission – Jan. 29th – 2-4 pm
SDML Government Day at Legislature (Feb. 5 & 6)
National League of Cities – Congressional Conference (March 8-12)
9. 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. City Clerk records council attendance.
4. Action to approve the following Consent Agenda Items *
A. Agenda.
B. Minutes.
C. Action to approve Resolution No. 10-08, amending I-1R Site Plan on Lots
3B and 4 of Block 2, Insbrook Park Addition.
D. Action on appointments to the Brookings Transportation Board.
E. Action to approve Resolution No. 08-08, Directing Preparation Of
Assessment Roll, Dividing Assessments Into Installments, And Providing
For The Collection Thereof For Sidewalk Assessment, Project 2007-
01SWR (2007 Sidewalk Repairs).
F. Action to approve Resolution No. 09-08, Directing Preparation Of
Assessment Roll, Dividing Assessments Into Installments, And Providing
For The Collection Thereof For Street Assessment, Project 2007-07STA.
Action: 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/Reports/Special Requests:
5. Presentation to the Dr. Martin Luther King Day Contest Winners.
6. Open Forum.
7. SDSU Report.
8. Discussion and action on a request from the Brookings Housing Opportunity
Conference.
Action: Motion to approve, request public comment, roll call
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Ordinances – 1st Readings **
9. Ordinance No. 01-08: An Ordinance amending the Zoning Ordinance
pertaining to a boardinghouse use.
Public Hearing: February 12, 2008
10. Ordinance No. 05-08: An Ordinance amending the Zoning Ordinance
pertaining to a drive-in food service in the Business B-1 District.
Public Hearing: February 12, 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.
Ordinances – 2nd Readings / Public Hearings:
11. 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.
Action: Open & Close Public Hearing, Motion to approve, Roll Call
12. Ordinance No. 03-08 – Rezoning: 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.
Action: Open & Close Public Hearing, Motion to approve, Roll Call
13. Ordinance No. 04-08 – Maintenance: An Ordinance amending the zoning
ordinance pertaining to maintenance buildings on lots in certain business
districts.
Action: Open & Close Public Hearing, Motion to approve, Roll Call
Other Business.
14. Presentation and possible action on the new Airport Alternative by HNTB.
Action: Motion to approve, request public comment, roll call
15. 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.
January 22, 2008 City Council Packet
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4:00 p.m.
City Council Meeting with Brookings Regional Airport Board
Location: Upstairs Meeting Room, City Hall
The City Council will meet with members of the Brookings Regional Airport Board to
discuss the following issues.
The following individuals are members on the board: Robb Sexauer, President;
Harrison Thompson, Harry Forsyth, Jim Bailey and Jeff Boulware.
Agenda:
1. Hangars
2. FBO RFP Update
3. General Runway Length Philosophy
4. Airport Leases
5. Update on Communication / Information Flow
6. Identification of other issues.
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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.
1. Traffic Modeling Study for 34th Avenue/20th Street
Overpass Improvement Project.
Staff from the South Dakota Department of Transportation has completed their
traffic study of Highway 14 between Interstate 29 and 34th Avenue. The study
results showed that two locations met the warrants to install a traffic signal,
which are the east ramps of Interstate-29 and the 32nd Avenue intersection.
DOT staff will be starting design and programming the funds to install these
signals.
Several businesses in Brookings interested in the traffic situation in eastern
Brookings have met to discuss the traffic situation. Banner Associates of
Brookings and HDR of Sioux Falls are assisting with developing a scope of work
and estimated project costs for this area. The potential improvement projects
could include paving 34th Avenue from Prince Drive to the south, approximately
to Highway 324, a new overpass over I-29 at 20th Street South, and an
interstate off-ramp at 32nd Street South. A scope for the traffic study is being
developed by HDR, as well as the cost for the study. The proposal was not
ready at the time of this memo, and it will be distributed when it is available.
January 22, 2008 City Council Packet
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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.
2. Draft Campaign Finance Ordinances Revisions.
Per the request of the Council, City Attorney Steve Britzman has prepared a
draft ordinance for Council review that would revise the current Ordinance to
include ballot questions. The following supporting documents are included in
the agenda packet for Council review and discussion.
1) January 15, 2008 Memo from City Attorney
2) September 20, 2007 Memo from City Attorney
3) Draft Ordinance
4) Current Ordinance No. 23-06
5) Current Campaign Finance Guidelines
January 22, 2008 City Council Packet
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To: Mayor Munsterman, Council Members, Jeff Weldon, City Manager and Shari
Thornes, City Clerk
From: Steven J. Britzman, City Attorney
Date: January 17, 2008
Re: Campaign Finance Requirements for Local Ballot Questions
The South Dakota Secretary of State, in his publication entitled “South Dakota
Campaign Finance Reporting Guidelines 2008”, addressed the applicability of the new,
comprehensive campaign finance requirements established in State law to local
elections. The following excerpt is the Secretary of State’s explanation:
Application of Law to Local Government Elections (SDCL 12-27-39 & 42)
The South Dakota campaign finance disclosure statutes apply to county
offices and ballot questions in counties with population greater than five
thousand according to the most recent Federal census and school district
offices and ballot questions in school districts with more than two thousand
average daily membership.
School districts covered by these statutes must conform to the contribution
limits applicable to legislative offices.
The requirements of the State law do not apply to any township,
municipal or special purpose district offices or ballot questions.
However, the governing body of any county, township, municipality,
school district, or special purpose district may adopt these
requirements, with or without amendments, by passing an ordinance or
resolution that makes the requires applicable to the jurisdiction.
Any statement, form, or filing required by this Act shall be filed with
the county auditor in the case of a county office election, with the school
business manager in the case of a school district office election, or with
the person in charge of the election in the case of other political
subdivisions or special purpose districts.
Since we have, several years ago, adopted a specific campaign finance
disclosure ordinance for the office of mayor and council, it seems appropriate to
simply add to it by adopting the portion of State law which requires campaign
finance reporting concerning local ballot questions. The reporting forms and time
for reporting are all established in State law, and these are incorporated by the
reference made in the proposed ordinance which accompanies this Memo. As a
result of our ordinance, those who campaign concerning a ballot question which is
on the municipal election ballot must report according to State law. They must
also follow the definitions provided by State law and file their reports according
to the State law schedule with the reports filed with the City Clerk.
January 22, 2008 City Council Packet
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ORDINANCE NO. ______
AN ORDINANCE ESTABLISHING STATE LAW REQUIREMENTS FOR CAMPAIGN
FINANCE DISCLOSURES FOR MUNICIPAL BALLOT QUESTIONS IN THE CITY OF
BROOKINGS, SOUTH DAKOTA.
BE IT ORDAINED BY THE CITY OF BROOKINGS, THAT THE CODE OF ORDINANCES
OF THE CITY OF BROOKINGS BE AMENDED TO READ AS FOLLOWS:
I.
Campaign Finance Disclosure Requirements for Municipal Ballot Questions.
In accordance with SDCL 12-27-39, the campaign finance disclosure provisions of
SDCL Chapter 12-27 which pertain to ballot questions shall be applicable to all
municipal ballot questions.
II.
Brookings Ordinance Section 2-35, which establishes campaign financing
disclosure requirements for mayor and council member candidates, shall continue in
full force and effect.
III.
Any or all ordinances in conflict herewith are hereby repealed.
FIRST READING:
SECOND READING:
PUBLISHED:
CITY OF BROOKINGS, SOUTH DAKOTA
Scott D. Munsterman, Mayor
ATTEST:
Shari L. Thornes, City Clerk
January 22, 2008 City Council Packet
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Memorandum
To: Dennis Falken, City Manager and Shari Thornes, City Clerk
From: Steven J. Britzman, City Attorney
Date: September 20, 2007
Re: New Campaign Finance Laws
Discussion: I reviewed the Secretary of State’s web site concerning the new
campaign finance laws and reviewed the new chapter of State law concerning
campaign finance in response to Council Member Tim Reed’s comments. My initial
review indicates there have not been significant changes that would prompt us to
change the Campaign Financing Disclosure Requirements for Mayor and Council
Member Candidates. On the other hand, it would seem appropriate that we take the
action mentioned in SDCL 12-27-29 so that there is campaign finance reporting
concerning local ballot issues. While the definition of ballot question committee was
previously inadequate, the new broader definition is not helpful unless we pass an
ordinance requiring such organizations file disclosure documents on local ballot
issues. Accordingly, I am going to prepare a draft ordinance when I return to the
office and it should be available for discussion for the first meeting in October.
Any comments you have are welcome.
12-27-39. Application of campaign finance requirements.
The provisions of this chapter apply to each statewide office, legislative office,
statewide ballot question, county offices and ballot questions in counties with
population greater than five thousand according to the most recent Federal census,
and school district offices and ballot questions in school districts with more than two
thousand average daily membership. Any school district election covered by this
chapter shall conform to the contribution limits applicable to legislative offices. This
chapter does not apply to the unified judicial system, nor does this chapter apply
to any township, municipal, or special purpose district offices or ballot questions.
However, the governing body of any county, township, municipality, school
district, or special purpose district not otherwise covered by this chapter may
adopt an ordinance or resolution to make the provisions of this chapter, with or
without amendments, applicable to county, township, municipal, school district,
or special purpose district elections. (Emphasis in bold)
January 22, 2008 City Council Packet
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ORDINANCE NO. 23-06
An Ordinance Establishing Requirements For Campaign Financing Disclosures
For Candidates For Mayor And Council Member Positions In The City Of Brookings,
South Dakota.
BE IT ORDAINED BY THE CITY OF BROOKINGS, THAT THE CODE OF ORDINANCES
OF THE CITY OF BROOKINGS BE AMENDED TO READ AS FOLLOWS:
I.
Campaign Financing Disclosure Requirements for Mayor and Council Member
Candidates.
(a) Any candidate or candidate's committee for the positions of Mayor or Council
Member shall file seven days before any election a detailed statement, complete
through the tenth day before the election, of all valuable considerations received,
obligated, or paid by the candidate or committee or by persons authorized by the
candidate or committee. The statement shall itemize all contributions and
expenditures, and for contributions in an aggregate amount of more than One
Hundred Dollars ($100.00) in that calendar year or the equivalent of in-kind
contributions, or a combination of cash and in-kind contributions exceeding One
Hundred Dollars ($100.00) in a calendar year, the report shall include the name and
residence address of any person who contributed an aggregate amount of more than
One Hundred Dollars ($100.00) or the equivalent thereof in that calendar year. If any
candidate has no opposition, neither the candidate nor the candidate's committee is
required to file a post-election statement.
(b) A candidate or candidate's committee shall file a post-election statement
within forty-five days following the election, which shall include the disposition of all
funds and payment of all obligations. If any candidate has no opposition, neither the
candidate nor the candidate's committee is required to file a post-election statement.
(c) Forms to report the information required by this ordinance shall be available
at City Hall.
II.
Any or all ordinances in conflict herewith are hereby repealed.
First Reading June 13, 2006
Second Reading June 27, 2006
Published June 30, 2006
CITY OF BROOKINGS
__________________________
Scott D. Munsterman, Mayor
ATTEST:
________________________________
Shari Thornes, Brookings City Clerk
January 22, 2008 City Council Packet
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CITY OF BROOKINGS, SOUTH DAKOTA CAMPAIGN FINANCE REPORTING GUIDELINES
City Ordinance No. 23-06 requires candidates for office and/or committees to file
statements of receipts and expenditures pursuant to South Dakota Codified Law.
Section 1: WHO MUST FILE.
A. Candidates for Mayor.
B Candidates for Council Member.
C. Political or citizens' committees supporting or approving candidates.
Section 2: TYPES OF REPORT(S).
A. Pre-Election Report.
B. Post-Election Report.
Section 3: REPORTING EXEMPTION.
If any candidate has no opposition, neither the candidate nor the candidate's
committee is required to file a post-election statement. However, a pre-election
statement is required.
Section 4: WHERE TO FILE.
Any candidate and/or committee supporting a candidate for any municipal office at
any annual or secondary election shall file with the City Clerk's Office, Brookings City
Hall, 311 Third Avenue, Brookings, SD 57006.
Section 5: WHEN TO FILE.
A. Pre-Election Report: No later than 7 days prior to the Election
B. Post-Election Report: Within 45 days after the Election
Section 6: WHAT TO FILE.
The following reports must be filed with the Brookings City Clerk at the address listed
above.
Schedule A: Cover Sheet
To be used in completing information on the candidate or committee including
name, address, office sought, name of person making report, type of reports
filed, and reporting period of the reports. Complete fully and submit with
original signatures. The verification should be signed by the person who is
responsible for the information contained in the report.
Schedule B: Direct Contributions
To be used to list all unitemized contributions of $100 or less.
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To be used to list all contributions received in an aggregate amount of more
than $100 shall be itemized and include name and residence address.
To be used to list all contributions of any amount from committees
supporting a candidate or candidates for the office of Mayor or City Council
member.
Section C: In-Kind Contributions
To be used to list the nature of the non-cash contribution, the contributor's
name and residence address, and estimated value of the contribution.
Schedule D: Fund Raising Event Proceeds
To be used to list the type of event held and the amount of the net proceeds.
List the net proceeds of each fund-raiser in this section.
Schedule E: Other Income
To be used to report any refunds, interest earned, or other income which is not
a direct contribution.
Schedule F: Expenditures
To be used to list the name, address, type of service, and amount of
expenditure.
Schedule G: Debts and Obligations
To be used to list who the debt and/or obligation is owed to, the purpose, and
the amount of the obligation.
Schedule H. Summary Sheet/Final Report
This is the summary sheet to be used for the Pre-Election Report and Post-
Election Report itemizing the amount of money on hand at the end of the
reporting period.
Section 7: LIMITATIONS ON CONTRIBUTIONS
A. Corporate and Association Contributions:
• Corporations and associations are expressly forbidden from contributing to
any candidate, political action committee or political party (SDCL 12-25-2).
You may call the Brookings City Attorney (697-9058) or the Secretary of
State’s office (773-4845) to determine if a potential donor is a corporation.
An association is any group organized to satisfy the common interests and
purposes of its members (SDCL 12-25-1(1)).
• Candidates and political committees occasionally offer items for sale to a
corporation or association. Examples of items offered would be unused
campaign assets or supplies, items which have been contributed to the
committee to be sold as a fundraiser, event tickets or advertising. The law
in this area is not specific. It does not appear that there is any blanket
prohibition on purchases by corporations or associations, however if any part
of the "purchase" amounts to a contribution there would be a prohibition.
Purchasing an item for its fair market value may be allowable but paying in
January 22, 2008 City Council Packet
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excess of that would create a prohibited contribution situation. If there is a
question regarding a potential purchase, please consult your legal council.
B. Individual Contributions:
• No individual may contribute more than $3,000 to or on behalf of any
political party in any calendar year. (SDCL 12-25-1.2)
• Voluntary work for or on behalf of any candidate is expressly permitted.
(SDCL 12-25-12).
C. Contributions by a Family Member:
There is no limit on the amount the candidate's spouse, any relative within the
third degree of kinship of the candidate or spouse, or the spouse of such relative
may contribute to a candidate (SDCL 12-25-1.1). Third degree of kinship
includes parent, child, grandparent, brother, sister, grandchild, aunt, uncle,
nephew, niece, great grandparent and great grandchild.
D. Contributions from Candidate's Personal Funds:
There is no limit to the amount a candidate may spend from personal funds
(SDCL 12-25-1.1). The amount spent should be reported on line 4 of the
Summary Page of the reporting form.
E. Contributions from Political Action Committees or Political Parties:
There is no statutory limitation on the amount a PAC may contribute to a
candidate or
committee (Attorney General Opinion 80-3). Political parties also have no
limitations on contributions to candidates or committees.
F. Auctions and Raffles
Candidates and political committees occasionally conduct fundraising auctions or
raffles pursuant to SDCL 22-25-25. These fundraisers present a unique challenge
in complying with campaign finance law. Some key points to keep in mind:
• Corporations and associations may not contribute items to be auctioned or
raffled.
• The value of items donated for an auction or raffle would count toward a
contributor's limit.
• The price paid for the purchase of an auctioned item may count toward a
contributor's limit. If the price paid exceeds the fair market value of the
item, the amount that exceeds the fair market value would be considered a
contribution.
January 22, 2008 City Council Packet
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• If you have questions on the legality of auctions and raffles as they relate to
contribution limits, please consult your legal counsel.
Section 8: ADVERTISING DISCLAIMERS
All printed campaign literature and paid print or television advertisements must
include a disclaimer giving the full name, title and address of the person authorizing
it, and the name, title and address of the person paying for it if different than the
person who authorized it. All paid radio advertisements shall include a disclaimer
with the full name and title of the person authorizing the advertisement and the
name and title of the person paying for such advertisement if different than the
person authorizing such advertisement. If the person is acting on behalf of a
committee, the name of the committee must also be included. All radio or television
advertising time provided at no cost or reduced cost to a candidate or ballot question
committee must include a disclaimer indicating that such time was provided at no
cost or reduced cost.
Examples for print or television would include:
Paid and authorized by the South Dakota Freedom Party, John Doe, Treasurer, Box
000, Brookings, SD 57006
Authorized by Jean Doe, Box 000, Brookings, SD 57006; paid for by John Doe, Box
000, Brookings, SD 57006
Paid and authorized by Jane Doe, Box 000, Brookings, SD 57006
Examples for radio would be:
Paid and authorized by Joe Doe for Mayor Committee, Jane Doe, Treasurer
Paid and authorized by Jack Doe
Authorized by Jean Doe; Paid for by John Doe
Radio and television ads, handouts, signs, and flyers are all paid advertisements.
Small giveaway items of little or no monetary value (pens, pencils, combs, etc.) which
have a candidate's name imprinted on them do not require a disclaimer.
Reference: SDCL 12-25-4.1
Section 9: EXPLANATION OF TERMS USED
Aggregate Contribution -- The term "aggregate" is used several times in the Code to
indicate when a candidate or committee has to report the name of an individual
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contributor. If a contributor gives a candidate $50 on one date and $75 on another,
he has contributed an aggregate of $125 and the contributor's name, address, and
place of employment must be reported by the committee receiving the contribution.
If the first contribution was included in an earlier report, only the amount of
subsequent contributions needs to be itemized. The aggregate total should be
reported in parentheses ($125) following the itemized amount of $75.
In Kind Contribution -- A non-cash contribution of facilities, materials, services or
other item of value. For example, a handmade quilt to be raffled, use of a garage or
service station for a car wash fund-raising project, use of an automobile for the
campaign, loan of a computer or other office equipment, and similar items would all
be "in kind" contributions to a campaign and should be reported as a receipt by the
candidate. If the estimated value is more than $100, the name, address and place of
employment of the contributor should be listed. In kind contributions count towards
the amount that an individual may contribute in a calendar year. SDCL 12-25-12.1
exempts the cost of administering a PAC established by a corporation or an
association from being reported.
Section 10: POLITICAL ACTION COMMITTEES
South Dakota does not require registration of political committees. Any committee
participating in a primary or general election, however, is required to file statements
of receipts and expenditures (SDCL 12-25-13). A committee may voluntarily register
by providing the name, address and a contact person’s name for the committee. A
form is provided in
Appendix C.
If an out-of-state PAC is headquartered in a state which requires regular filing of state
reports, South Dakota will accept copies of reports which show contributions to South
Dakota candidates. This acceptance is provided that the other state's reporting
deadlines are compatible with ours.
If an out-of state PAC is not required to make regular reports in its home state and
makes contributions to state candidates in more than one state, including South
Dakota, its treasurer should contact the South Dakota Secretary of State for reporting
forms and guidance.
If a municipality or school district requires PAC's which are involved in their elections
to file reports pursuant to SDCL 12-25-13, those reports would be filed with the
Secretary of State. The City of Brookings also requires the reports be filed locally.
Section 11: POLICY ON EXAMINATION OF CAMPAIGN FINANCE RECORDS
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All City of Brookings election related filings may be examined during regular office
hours in the office of the City Clerk, 311 Third Avenue, Brookings, SD 57006.
Because this office is charged with maintaining and preserving these files as public
records, the records cannot be removed from the office. If a person examining the
records wishes to make photocopies, they will be made for $1.00 per page for
campaign finance reports and one dollar per page for all other copies.
No information on contents of reports will be given out over the telephone. It will be
necessary for anyone wanting specific information to view the reports and extract the
information desired.
All campaign finance filings can be viewed on the City of Brookings home website
page at www.cityofbrookings.org.
Section 12. PROHIBITED COMMERCIAL USE OF CAMPAIGN FINANCE REPORT
INFORMATION
The City of Brookings specifically prohibits the commercial use of any information
obtained from a campaign finance report. Information copied from any report or
statement may not be used or sold for solicitation purposes. Reference: SDCL 12-25-34
January 22, 2008 City Council Packet
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City of Brookings
Candidate’s or Committee’s Report of Receipts and Expenditures
Schedule A
( ) Candidate ( ) Committee
( ) Pre-Election Report - Due April 3, 2007
( ) Post Election Report - Due May 25, 2007
Return to: Brookings City Clerk’s Office
Brookings City Hall
311 3rd Ave., Brookings, SD 57006
605-692-6281
Name of Candidate or Committee
Complete Mailing Address
Name of Person Making Report
Daytime Phone Number
If you are a candidate, what office are you seeking?
Mayor Council Member
Type of Report: Candidate for Brookings City Office (per Local Ord. 23-06)
For Reporting Period Ending:
Pre-Election (due not later than 7 days prior to Election -- contains
contributions/expenses through 10 days prior to election)
Post-Election (due within 45 days after Election)
The following verification must be completed before submitting report.
VERIFICATION OF PERSON MAKING REPORT
I (print name legibly), certify that I have examined this report and to the best
of my knowledge and belief it is true, correct and complete.
Date: _______________
Candidate Signature or
Signature of Committee Treasurer or
Chairperson
Reference: SDCL 12-25-13, City Ord 23-06
January 22, 2008 City Council Packet
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City of Brookings
Direct Contributions
Schedule B
( ) Pre-Election Report - Due April 3, 2007
( ) Post Election Report - Due May 25, 2007
Name of Candidate
This schedule is used for reporting all direct contributions. You must keep a
record of all contributors, but for this report you may combine all contributions
of $100 or less from individuals and the same from political parties and enter
these sums as un-itemized contributions on their respective lines below. Any
contribution in an aggregate amount of more than $100 during a calendar year
from an individual or political party and all contributions from PAC’s must be
entered as a separate item (itemized) giving the amount, name and address of
the contributor. Contributors include individuals and political parties. Any
contribution by a political action committee must be listed as an itemized
contribution. This schedule may be duplicated if you need more space, or you
may attach additional sheets of paper.
Unitemized Contributions from Individuals: (total of all contributions of $100 or less
per contributor) $
Itemized Contributions from Individuals: (total of all contributions of more than $100
per contributor. $
Name
Residence Address City, State
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
January 22, 2008 City Council Packet
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$
Total of Itemized Direct Contributions $
City of Brookings
In-Kind Contributions
Schedule C
( ) Pre-Election Report - Due April 3, 2007
( ) Post Election Report - Due May 25, 2007
Name of Candidate
On this schedule report all non-cash contributions of goods and services and the
estimated fair market value. If the value exceeds $100, the name of the contributor
and residence address must be reported.
Nature of Non-Cash Contribution Name and Residence Address
Estimated
Value
Total: ___________
January 22, 2008 City Council Packet
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City of Brookings
Fund Raising Event Proceeds
Schedule D
( ) Pre-Election Report - Due April 3, 2007
( ) Post Election Report - Due May 25, 2007
Name of Candidate
List on this schedule all fund raising events held to raise money for the candidate and
the net proceeds derived from each event. If a contributor gives more than $100 or
their contribution results in their aggregate being more than $100 in the calendar
year, those contributions must be itemized on Schedule B. Please transfer the total
amount to the Summary Sheet.
Type or Name of Event Net Proceeds
Total: ___________
January 22, 2008 City Council Packet
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City of Brookings
Other Income
Schedule E
( ) Pre-Election Report - Due April 3, 2007
( ) Post Election Report - Due May 25, 2007
Name of Candidate
Use this schedule to report any refunds, interest earned or other income which is not
a direct contribution.
Source of Income Amount
Total: ___________
January 22, 2008 City Council Packet
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City of Brookings
Expenditures
Schedule F
( ) Pre-Election Report - Due April 3, 2007
( ) Post Election Report - Due May 25, 2007
Name of Candidate
This schedule is to report all expenditures relating to a candidate's campaign or
committee's operation. Line items have been provided for reporting common
expenses. All other expenses should be listed. All contributions to candidates and
committees must be listed individually. This page may be duplicated if you need
more space, or you may attach additional sheets of paper. Please transfer the total
amount to the Summary Sheet.
Expenses Contributions Made to Candidates and Committees
Item Amount Name of Candidate or Committee Amount
Advertising
Consulting
Postage
Printing
Rent
Salaries
Telephone
Travel
Utilities
List other expense
items below
List other expense
amounts below
Total Expenditures: ___________
January 22, 2008 City Council Packet
23
City of Brookings
Debts and Obligations
Schedule G
( ) Pre-Election Report - Due April 3, 2007
( ) Post Election Report - Due May 25, 2007
Name of Candidate
This schedule is to report all of the candidate's campaign obligations which are unpaid
at the end of the reporting period. If a service has been contracted but not billed,
estimate the amount of the obligation. This section of the report should include all
known obligations on the date of the report. Please transfer the total amount to
the Summary Sheet.
Owed to: Purpose: Amount
Total Obligations:
___________
_
January 22, 2008 City Council Packet
24
City of Brookings
Summary Page / Final Report
Schedule H
( ) Pre-Election Report - Due April 3, 2007
( ) Post Election Report - Due May 25, 2007
Name of Candidate
This summary sheet will give a brief outline of all campaign finance activity during
this reporting period. Please transfer all totals from the schedules previously
completed.
1. Amount on hand, if any, at the beginning of the reporting period: $
2. Receipts
Schedule B - Direct Contributions $
Schedule C - In Kind Contributions $
Schedule D - Fund Raising Events $
Schedule E - Other Income $
Total of all Receipts $
3.
Total Monetary Receipts
(A+B+D) $
4. Candidate's Personal Contribution to Own Campaign $
5.
Monetary Loans to Candidate or Committee During Reporting
Period $
6. Monetary Loans Repaid During Reporting Period $
7. Expenditures - Schedule F $
8. Unpaid Obligations - Schedule G $
9.
Amount on hand at the close of this reporting
period. *
This should equal lines (1+3+4+5) – (6+7)
$
January 22, 2008 City Council Packet
25
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. Project Insight Update.
Mayor Munsterman will provide an update at the meeting.
January 22, 2008 City Council Packet
26
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. I-29 Corridor Project Update.
Mayor Munsterman will provide a verbal update on this project.
January 22, 2008 City Council Packet
27
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 Goal Setting Retreat / Town Hall Meeting.
On June 5, 2007, the Brookings City Council held their annual goal setting
retreat. One goal the Council identified under “Governance” was to hold town
hall meetings on key issues in the fall 2007 and again in spring 2008 to seek
input on the budget process. The minutes from that meeting are included.
Council discussion on the format and desired date for this meeting is needed.
GOAL #5 Governance
OUTCOME: Open Government
– Town Meetings
o Input on key issues (September 2007)
o Input on budget (March 2008)
In addition, Council discussion is needed on the format and date for their
annual goal setting retreat.
January 22, 2008 City Council Packet
28
Brookings City Council
Special Meeting – 2008 Goal Setting
June 5, 2007
(amended 6/26/07)
The City Council held a special goal setting meeting on Tuesday, June 5, 2007, at 4:00
p.m. in City Hall with the following present: Mayor Scott Munsterman, City Council
Members Tim Reed, Julie Whaley, Mike Bartley, Mike Reitz, Ginger Thomson and Tom
Bezdichek. City Manager Dennis Falken, City Attorney Steve Britzman, City Clerk
Shari Thornes and City Finance Manager Rita Thompson were also present.
Rita Thompson, Brookings City Finance Manager, explained that per the Governance &
Ends Policy she would need the City Councils Goals for the City overall so the
departments can begin the budget process for 2008. All departmental budgets will be
structured around the Council citywide goals and objectives. She noted that if the
Council wished to keep their mission statement the same and agree with her
assessment of the Targets and Goals she could send it out with the forms for the 2008
budget to all the departments. The City’s Mission Statement is: The City 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
responsive municipal management. She identified the following potential targets
per mission statement: High quality of life for citizens; diverse economic base, and
fiscally responsive city management.
Possible Goals or Objectives for the City set by the Mayor and Council could be:
Affordable Housing, Transportation/Transit, Community Safety, Community Health,
Protect Natural Resources, Arts & Culture, Parks/Open Space, Celebrate Diversity,
Education and Literacy, Government Stewardship, Partnerships, Preserve
History/Landmarks, and Economic Development.
Thompson said the reasons for making a change in the City’s budgeting process is to
have better performance, better control over resources used and accountability for
results by managers, and better service.
She said the City’s Mission Statement is very important. It sets the departmental and
overall city targets. (Note-The vision and the setting of goals or objectives has
nothing to do with money at this point of performance based budgeting)
1. Council needs to identify what to focus on. What are the priorities?
2. Goals need to be the most critical issues facing the City of Brookings
3. As broad goals are set, council needs to set desired results for each goal.
4. The Council’s strategic plan should drive the operating budget, the capital
plan, and other financial planning efforts.
Department Heads will write their goals and action plans or objectives according to
the Councils goals and desired results. They will set objectives that are measurable.
As stakeholders in the plan we will all work together to implement the citywide plan.
January 22, 2008 City Council Packet
29
In 2008 progress toward the planned goals will be monitored at regular intervals. City
administration will need to develop a systematic review process to evaluate the
extent to which strategic goals have been met.
She noted that in past years the City Manager has brought forward a balanced budget
proposal to the Council on August 1st with all decisions made prior to the Council
seeing the budget. Thompson asked what format the Council wished to have the
budget this year. She asked if they wanted it balanced or if it should include all the
requests. There was discussion that bringing the budget balanced takes away the
decision making process from the Council. Conversely too much information is at the
micro-management level. There was consensus that the budget presented to the
Council in this year’s process would be balanced, but would include all items
requested illustrating what was cut and why. That way if the Council disagrees with
a cut they could re-insert a particular program back into the budget. The budget
should also reflect operational increases and fee structures. Detail such as number of
officers and equipment was suggested.
GOAL #1: Quality of Life
OUTCOME: City Services / Management
– City Manager Search (2007/2008)
o Decision by January 2008 ( schedule in July 2007)
– Study Assistant City Manager position
o 2009/2010 budget process (schedule in July 2008)
OUTCOME: Enforce all City Codes
- Life Safety (i.e. # of inspections for rentals)
- Aesthetics (i.e. grass length)
OUTCOME: Improve Public Transportation Services
- Professional appearance of taxi service
- Affordable
- Expand to serve more people
- Consider fixed routes to industries
OUTCOME: Improve City Streets & Infrastructure
- Make city more bike and pedestrian friendly
- Develop plan for Overpass at 20th Street South
- Plan to improve infrastructure of road system to industrial parks
OUTCOME: Implement Railroad Safety Mitigation Plan
- Annually set aside funds for safety measures
OUTCOME: Implement Airport Long Range Plan
- Decision following study
- Budget long term reserve percentage 2nd penny funding ($3M by 2010)
January 22, 2008 City Council Packet
30
OUTCOME: Address City Space Needs
- Relocate City Hall & expand police department
o Analyze other options (First Bank & Trust site)
o Decision by January 2008
- Swiftel Center - County side
OUTCOME: Parks/Recreation
- Evaluate land holdings to determine best use long term
- Golf Course (Possible enterprise fund, increase membership, increase profits)
- Lazy River at Aquatic Center (2012)
- Incorporate Wellness into park and recreation strategies
- Long term plan for old landfill
- More shelters: Chittick Gardens (2008), Hillcrest (2009), Pioneer (2010)
OUTCOME: Education & Literacy
- School System Relationship (Understand partnership with all facilities)
- Literacy program (Work with school district to develop an Awards for Literacy
program)
- Library (Open discussion with school district about possibility of combining
library resources)
OUTCOME: Housing
– Research & discuss following housing market study
– Set target number of housing units to achieve
OUTCOME: Life Safety
– Lower ISO rating (Cost study by June 2008)
OUTCOME: Density
– Address owner occupied concerns with perceived high rental density in
neighborhoods.
– Study rental housing density
– Determine policy for acceptable levels of rental housing density per
neighborhood
OUTCOME: Drainage
– Complete full comprehensive study of drainage issues (by mid summer
2008)
– Study data, prioritize projects, develop and long term plans to (by end
2008)
GOAL #2: Economic Development
OUTCOME: Promotion
– Visitor Promotions Committee develop plan to increase community
marketability (rebrand & position strategy by 2010)
January 22, 2008 City Council Packet
31
– Improve “Events” Signage: Message boards / events: I-29, 22nd Avenue,
6th Street (partner with businesses and Improve DOT relationship), McCrory
Gardens – status of SDSU signage
OUTCOME: Attract People to Live & Work Here
– Work with job recruitment entities to recruit diversified work force (by
2008)
– Co-develop plan with SDSU on Retention & Recruitment Plan (by 2008)
OUTCOME: Retail Development
– Financially Support BEDC to expand their role in the community to include
retail development
OUTCOME: Streetscape
– Decision (by September 2007)
– Fund Seasonal decorations (2008 budget)
OUTCOME: Liquor Licenses
– Design bill (by September 2007 - schedule for July planning session)
Expand convention licensing / tied to growth
GOAL #3: Partnerships
OUTCOME: SDSU
– Community Research (plan by July 2007)
– Input on their master plan
– Obtain their schedule of events (identify council members to attend
events)
OUTCOME: I-29
– Promote development of industry clusters along I-29
OUTCOME: P-16 (Preschool to college)
– Help facilitate a redesign of the educational systems to survive in new
economy
OUTCOME: Intergovernmental Cooperation
– One-on-one meetings with state legislators (Fall 2007)
– County & School (annually)
GOAL #4: Fiscal Responsibility
OUTCOME: Establish Formal Reserves
– Develop process in compliance with SDCL using resolution to dedicate
undesignated reserves for specific projects (Sept 2008 budget process)
January 22, 2008 City Council Packet
32
GOAL #5 Governance
OUTCOME: Open Government
– Town Meetings
o Input on key issues (September 2007)
o Input on budget (March 2008)
– Research website survey (2007)
OUTCOME: Council Training & Development
– Fund each council member to attend at least one National League of Cities
conference per year (Budget for 2008)
Meeting adjourned at 8:00 p.m.
Submitted by Shari Thornes, Brookings City Clerk
January 22, 2008 City Council Packet
33
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. Legislative updates.
Sidewalk sales of alcohol
o A copy of the proposed bill is enclosed.
o City Attorney Steve Britzman will provide an update.
Liquor - City Council Member Mike Bartley will provide an update.
Transportation Bill - Mayor Munsterman will provide an update.
Department of Transportation Meeting - Mayor Munsterman and City
Manager Jeff Weldon will provide an update.
January 22, 2008 City Council Packet
34
State of South Dakota
83rd SESSION
LEGISLATIVE ASSEMBLY, ______
BILL
Introduced by:
1 FOR AN ACT ENTITLED, An Act to provide for the sale or consumption of
2 alcoholic beverages upon areas adjoining licensed premises.
3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
4 Section 1. That SDCL 35-4-75 be amended by adding thereto a NEW SECTION
to
5 read as follows:
6 No on-sale licensee shall serve alcoholic beverages except on the premises
authorized 7 by his license. A violation of this section is a Class 2 misdemeanor.
However, the county
8 commissioners or the governing body of the municipality charged with the
approval of
9 alcoholic beverage license issuance, in their respective jurisdictions, may
establish
10 regulations permitting the sale and consumption of alcoholic beverages in or
upon
11 property which is publicly owned or subject to a public right-of-way, provided
such
January 22, 2008 City Council Packet
35
12 property is adjacent to and abutting the premises authorized by the on-sale
license. The
13 additional area where the sale or consumption of alcoholic beverages are
permitted shall
14 not constitute a public place as defined by 35-1-5.3 provided such additional
area has
15 been properly authorized for sale or consumption of alcoholic beverages. The
hours of
16 authorized consumption in such additional area shall not exceed those
permitted for on-
17 sale licenses.
Insertions into existing statutes are indicated by underscores.
Deletions into existing statues are indicated by overstrikes.
January 22, 2008 City Council Packet
36
State of South Dakota
83rd SESSION
LEGISLATIVE ASSEMBLY, ______
BILL
Introduced by:
1 FOR AN ACT ENTITLED, An Act to provide for the sale or consumption of
2 alcoholic beverages upon areas adjoining licensed premises.
3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
4 Section 1. That SDCL 35-4-75 be amended by adding thereto a NEW SECTION
to
5 read as follows:
6 No on-sale licensee shall serve alcoholic beverages except on the premises
authorized 7 by his license. A violation of this section is a Class 2 misdemeanor.
However, the county
8 commissioners or the governing body of the municipality charged with the
approval of
9 alcoholic beverage license issuance, in their respective jurisdictions, may
establish
10 regulations permitting the sale and consumption of alcoholic beverages in or
upon
11 property which is publicly owned or subject to a public right-of-way, provided
such
12 property is adjacent to and abutting the premises authorized by the on-sale
license. The
January 22, 2008 City Council Packet
37
13 additional area where the sale or consumption of alcoholic beverages are
permitted shall
14 not constitute a public place as defined by 35-1-5.3 provided such additional
area has
15 been properly authorized for sale or consumption of alcoholic beverages. The
hours of
16 authorized consumption in such additional area shall not exceed those
permitted for on-
17 sale licenses.
January 22, 2008 City Council Packet
38
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. 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.
B. Minutes.
C. Action to approve Resolution 10-08, an amended I-1R Site Plan on Lots 3B and 4 of Block 2,
Insbrook Park Addition.
D. Action on appointments to the Brookings Transportation Board.
E. Action to approve Resolution 08-08, Directing Preparation Of Assessment Roll, Dividing
Assessments Into Installments, And Providing For The Collection Thereof For Sidewalk
Assessment, Project 2007-01SWR (2007 Sidewalk Repairs).
F. Action to approve Resolution 09-08, Directing Preparation Of Assessment Roll, Dividing
Assessments Into Installments, And Providing For The Collection Thereof For Street Assessment,
Project 2007-07STA.
Action: 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/Reports/Special Requests:
5. Presentation to the Dr. Martin Luther King Day Contest Winners.
6. Open Forum.
7. SDSU Report.
8. Discussion and action on a request from the Brookings Housing Opportunity Conference.
Ordinances – 1st Readings **
9. Ordinance No. 01-08: An Ordinance amending the Zoning Ordinance pertaining to a boardinghouse
use. Public Hearing: February 12, 2008
10. Ordinance No. 05-08: An Ordinance amending the Zoning Ordinance pertaining to a drive-in food
service in the Business B-1 District. Public Hearing: February 12, 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.
Ordinances – 2nd Readings / Public Hearings:
11. 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.
Action: Open & Close Public Hearing, Motion to approve, Roll Call
12. 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.
Action: Open & Close Public Hearing, Motion to approve, Roll Call
13. Ordinance No. 04-08, an Ordinance amending the zoning ordinance pertaining to maintenance buildings on
lots in certain business districts.
Action: Open & Close Public Hearing, Motion to approve, Roll Call
Other Business.
14. Presentation and possible action on the new Airport Alternative by HNTB.
Action: Motion to approve, request public comment, roll call
15. Adjourn.
January 22, 2008 City Council Packet
39
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.
8. City Clerk Reports:
A. Upcoming Council Meetings
January 29th – Joint Meeting with County Commission
February 12th
4:00 p.m. Presentation on Swiftel Center Master Plan
5:00 p.m. Work Session
9 Review liquor applications
9 Legislative updates
9 Subsidy Policy
9 Project Insight
9 Draft Ordinance related to posting of signs.
6:00 p.m.
9 Public Hearing - Ordinance No. 01-08: An Ordinance amending the Zoning Ordinance
pertaining to a boardinghouse use.
9 Public Hearing - Ordinance No. 05-08: An Ordinance amending the Zoning Ordinance
pertaining to a drive-in food service in the Business B-1 District.
February 26th
5:00 p.m. Work Session
Complete Count Commission
B. Council Invites & Obligations
Date
Day
Event
Time
Location
Jan. 29th
Tuesday
Joint City Council
County Commission
Meeting
2-4 pm
City Hall
Meeting Room
Feb. 5th
Tuesday
SDML Rib Dinner
4:30 pm Register
5 pm Briefing
6 pm Dinner-Kings Inn
Pierre
Feb. 6th
Wednesday
Municipal Govt Day
7:45 meetings
Noon lunch
Pierre
March 5-6
Wed/Thur
SD Airports Conference
Wed 9:30 start
Thur noon close
Deadwood
March 8-12 Fri-Tuesday National League of
Cities
Washington DC
January 22, 2008 City Council Packet
40
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.
9. 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.
January 22, 2008 City Council Packet
41
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. Minutes.
C. Action to approve Resolution No. 10-08, amending I-1R Site Plan on Lots
3B and 4 of Block 2, Insbrook Park Addition.
D. Action on appointments to the Brookings Transportation Board.
E. Action to approve Resolution No. 08-08, Directing Preparation Of
Assessment Roll, Dividing Assessments Into Installments, And Providing
For The Collection Thereof For Sidewalk Assessment, Project 2007-
01SWR (2007 Sidewalk Repairs).
F. Action to approve Resolution No. 09-08, Directing Preparation Of
Assessment Roll, Dividing Assessments Into Installments, And Providing
For The Collection Thereof For Street Assessment, Project 2007-07STA.
Action: 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/Reports/Special Requests:
5. Presentation to the Dr. Martin Luther King Day Contest Winners.
6. Open Forum.
7. SDSU Report.
8. Request from the Brookings Housing Opportunity Conference.
Ordinances – 1st Readings **
9. Ordinance No. 01-08: An Ordinance amending the Zoning Ordinance
pertaining to a boardinghouse use.
Public Hearing: February 12, 2008
10. Ordinance No. 05-08: An Ordinance amending the Zoning Ordinance
pertaining to a drive-in food service in the Business B-1 District.
Public Hearing: February 12, 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.
Ordinances – 2nd Readings / Public Hearings:
11. 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.
Action: Open & Close Public Hearing, Motion to approve, Roll Call
January 22, 2008 City Council Packet
42
12. 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.
Action: Open & Close Public Hearing, Motion to approve, Roll Call
13. Ordinance No. 04-08, an Ordinance amending the zoning ordinance pertaining
to maintenance buildings on lots in certain business districts.
Action: Open & Close Public Hearing, Motion to approve, Roll Call
Other Business.
14. Presentation and possible action on the new Airport Alternative by HNTB.
Action: Motion to approve, request public comment, roll call
15. Adjourn.
January 22, 2008 City Council Packet
43
6:00 P.M. Meeting
CONSENT AGENDA #4
A. Agenda.
B. Minutes.
C. Action to approve Resolution No. 10-08, amending I-1R Site Plan on Lots
3B and 4 of Block 2, Insbrook Park Addition.
D. Action on appointments to the Brookings Transportation Board.
E. Action to approve Resolution No. 08-08, Directing Preparation Of
Assessment Roll, Dividing Assessments Into Installments, And Providing
For The Collection Thereof For Sidewalk Assessment, Project 2007-
01SWR (2007 Sidewalk Repairs).
F. Action to approve Resolution No. 09-08, Directing Preparation Of
Assessment Roll, Dividing Assessments Into Installments, And Providing
For The Collection Thereof For Street Assessment, Project 2007-07STA.
Action: Motion to approve, request public comment, roll call
January 22, 2008 City Council Packet
44
CONSENT AGENDA #4
4B. Action on City Council minutes.
Minutes from the December 4, 2007, December 11, 2007, and January 8, 2008
council meetings are enclosed for review and approval.
January 22, 2008 City Council Packet
45
Brookings City Council
December 4, 2007
(unapproved)
The Brookings City Council held a meeting on Tuesday, December 4, 2007 at 5:00 p.m., at
City Hall with the following members present: Mayor Scott Munsterman, Council Members
Julie Whaley, Mike Bartley, Ryan Brunner, Tim Reed, Ginger Thomson, and Tom Bezdichek.
City Manager Dennis Falken, City Attorney Steve Britzman, and City Clerk Shari Thornes were
also present.
5:00 P.M. WORK SESSION
Discussion of policy/criteria for new liquor operating agreement applications.
On November 27th the City Council agreed to hold a discussion at this meeting regarding the
setting of policy and criteria regarding liquor operating agreement applications prior to
accepting applications. The Council reviewed past criteria when issuing a liquor operating
agreement and had a general discussion about the issue.
Reed noted that he liked the idea of attaching requirements to the actual contract
(agreement) in case a business were to change or change ownership.
Bartley noted that the City can open up the process and accept applications and because
Brookings has a Home Rule Charter it has the ability to have operating agreements and attach
additional criteria to each license. However, he commented the he could see this as a
“slippery slope” for each license. Applications will come in based on what the City Council
establishes as the criteria, citing a 50% food requirement as a criteria example. Businesses
will say they have food and worry about it later when audited. Other criteria could be the
proximity in feet away from a school or hours of operation. The Council has the ability to
take a license for a particular location and because of that location select it and negotiate
how the license will be used. The agreement and its issuance is specific to that license at
that location and if 50% food is a requirement and the requirement isn’t met, the
establishment doesn’t revert to a bar, the license is returned to the city. A change in
ownership would result in coming back to the city to request transfer. Under this form the
City has the ability to negotiate an operating agreement and can do a better job of using that
license verses setting criteria ahead of time and everyone writes their application to meet
that specific criteria. He likes the idea of narrowing the scope, but not too narrow before
the Council knows what or who the applicants are.
Munsterman said he would prefer that the Council have something in mind for development
because it’s the last operating agreement. He sees this agreement as a venue to buy
something that we want rather than something that we have to spend. If there’s nothing
specific the Council has in mind that they want to see developed, then there’s no problem to
pursue Bartley’s idea. However, if there is something specific the Council wants, he’d like a
discussion about what they want to see happen with this agreement.
Bezdichek said one of the things a governmental body has to be careful of is to be too narrow
in the criteria or the specifications. When a governmental entity goes out to bid, care must
be taken that the bids are not written too narrowly as to limit those bidding to a very few. In
the case of applications for this operating agreement, he feels general specifications and
general criteria is needed. He noted that this isn’t the last license the City will ever get.
It’s the last one right now. He cautioned the Council on how much criteria is written into
January 22, 2008 City Council Packet
46
this process. He recommended that the process be opened up to anyone wanting to apply
and then the Council would review the applications to determine what is needed and what is
in the best interests of the City of Brookings. He also noted that every license is renewable
on an annual basis and if an establishment isn’t doing what is best for the city, it can be
pulled and issued to a better place.
Whaley commented that when the Council was looking for a city manager, the process was
open and 56 applicants were received. Then the Council identified some criteria and sorted
the applications based on those needs. Keeping the process open resulted in getting more
choices to consider.
Munsterman asked what the Council would be looking for; that the applicant doesn’t have a
felony? Is that the only criteria to be established to be considered?
Thomson said she would give higher consideration to an establishment with a high percentage
of sales due to food and doesn’t want it to go to a bar or an establishment that doesn’t serve
food. She wants it to go to a place that enhances the economy by bringing people to
Brookings, such as fine dining or a convention center. She’d have an easier time granting a
license to a facility such as that.
Brunner agreed with Thomson, but at the same time wants to leave the process open because
you never know what new idea might come in that the Council hasn’t thought of yet. There’s
potential for new development that comes in as a part of this process. He likes the idea that
the license go towards an establishment with a certain percentage of food. He thinks the
issuance of the last license is to the City’s best advantage with the potential new legislation
pending.
Britzman noted that the City already has established some basic ground rules, rather than
criteria, related to operating agreements assignments in the City of Brookings Liquor
Operating Agreement Policy, dated November 2004. The Policy goes on further to identify
first and second tier criteria for consideration. “The City will check for compliance with the
State requirement that the “character of the applicant” be acceptable. Upon finding
evidence that the character of the applicant is acceptable and the location suitable, the City
Council will consider second tier criteria. This process can include examining the best
location for economic and tourism development, the best ancillary uses (restaurant, etc.)
developed with the sale of liquor, the best location in accordance with the city long-range
plan, the size of the facility, parking facilities, closeness to existing supplementing
businesses and activities deemed important by the City Council. The Council can make
changes to the policy and also determine if the second tier criteria is still relevant.
Munsterman thanked Britzman for reminding the Council about the policy and recalled that
the Council had quite a bit of discussion about this policy several years ago. He reiterated
that the council needs to determine what’s important to them about the selection, but
maybe the current policy is inclusive enough already.
Reed agreed with Thomson that he too will have his focus on applications/projects that will
bring people into town or provide another outlet to spend money such as conventions and
meetings. He noted that a convention center with a hotel would rank highest for him and
would look at others with a lower ranking. He doesn’t necessarily think it would just be a
restaurant as the deciding factor and thinks the City could hold out for something “bigger.”
January 22, 2008 City Council Packet
47
He expressed concern about opening up for applications, because he’s not sure if there’s a big
enough project out there. He wants to do what is best for the City of Brookings.
Munsterman clarified that the City Council does not have to issue the license.
Bartley said he is interested in moving forward with entertaining applications using the
criteria established because it’s broad based enough to narrow it down. He agreed that the
City doesn’t have to issue this agreement. He suggested opening up the process for 30-45
days, or whatever is reasonable. If that doesn’t work into a particular business’s plan, they
could decline to apply. He noted that Sioux Falls had 16 licenses to issue and their Council
got into a discussion that they didn’t have operating agreements and had to issue by a lottery
system. This system is not valuable to the city; it is the opposite because good applications
couldn’t get a license.
Falken recommended 60 days for the process.
ACTION: A motion was made by Bartley, seconded by Whaley, to open up the process to
accept applications for the liquor operating agreement for 60 days after publication.
Discussion: Reed said he’d like the process to state that the City doesn’t have to issue a
license. Thornes noted that the current application has the following statement: “Please be
advised that the City Council may choose not to enter into any new operating agreements.”
The Council also agreed that the process and application packet will stay the same as before
and that the City Council will review the applications and give applicants the opportunity to
present their information. On the motion, all present voted yes; motion carried.
City Attorney Contract. Falken reported that the City Attorney’s contract expires on
December 31,2007. The Council reviewed a draft agreement that would extend for another
year. The contract is the same with a cost of living increase. Action is scheduled for
December 11th.
Thomson recalled that the City Council discussed the concept of a full-time attorney. She
asked if the Council determined that that wasn’t needed. She clarified that our current
attorney does a wonderful job, but the work load is not declining.
Falken said there was consideration given to combining with the hospital and utilities for legal
services, but the concept was too late in the year. He recommended continuing services as
is and giving the new city manager the opportunity to research the issue and make an
informed decision after that year.
Falken further noted that it will be very difficult to find someone willing to leave their
private practice and having knowledge of hospital, utilities and city general municipal issues.
Budget. Rita Thompson, City Finance Manager, gave an overview of the proposed budget
amendment scheduled for action during the 6 pm meeting. She reported that the amendment
recognizes the following additional revenues and expenses:
• The Landfill has experienced an exceptional year and is transferring a one time additional
$100,000 from the Landfill to the General Fund. The additional funds will be used to
update the community room downstairs, assist with the installation of the video
equipment for the council chambers, the temporary zoning control airport maps,
January 22, 2008 City Council Packet
48
additional money needed for the OPEB actuarial per quotes, and the National League of
Cities dues.
• This amendment also recognizes additional sales & use tax projected on a cash basis
through December 31st. The City will receive additional Sales & Use Tax revenues for 2007
through Mid February 2008, and are not included in this amendment.
• The amendment includes additional revenues for building permits, zoning and subdivision
fees, grants, and donations. These additional revenues are being used to cover additional
expenses occurred within departments.
• A line item has been created to record the disbursement of the fire insurance premium
tax within the fire departments budget.
Proposed revisions to Agreement with the S.D. Department of Transportation.
Britzman reported that he has been communicating with the South Dakota Department of
Transportation legal counsel regarding the proposed amendment, which would amend the
original purchase agreement to extend the time period to close on the property. Britzman
said the State is moving out of the building sooner than anticipated. Once they vacate, the
State doesn’t want to carry any expenses on the building or property and have asked the City
to carry liability insurance during that time until the property closes. The State is also
requesting that the City manage the property related to fences, vegetation and maintenance.
Britzman noted that no additional expense would be required to add this building to the
City’s insurance coverage.
Bartley asked if the City could make use of the facility during the interim for storage or other
needs. Britzman said he’d be surprised if the State had any objections to this request and
this issue could be worked out in the agreement.
Munsterman was opposed to maintaining, insuring and being responsible for a building that
the City doesn’t own and this was not a part of the agreement that was reached with the
Governor. He expressed concern for the language in the agreement, citing the State’s past
unwillingness to reduce the price once it was determined that the land appraised for less than
$4 million.
Bartley said he thought the State was looking at the issue with the impression that an offer on
that property would be forthcoming. He didn’t know how much it would cost to maintain
the facility other than labor to mow. He sees it as a cost to extend the option on a property.
It’s our payment to extend the option and if the City isn’t willing to do that, it should revert
back to the State.
Munsterman said he wasn’t concerned about the insurance; it’s the maintenance of the land
and buildings, citing a roof failure as an example. Who is responsible? What if pipes freeze
and break? He said he’d like to see cost estimates for the year.
Thomson asked if the city could exercise the option to purchase sooner than one year. Yes,
the State will vacate by 12/31/07.
Reed said the city should make sure that the State has removed everything from the site and
that they’re not coming back. There should be a review of the structure at the time of
vacation to note the conditions.
January 22, 2008 City Council Packet
49
Munsterman reiterated having a problem with having to maintain the land and building so that
they don’t deteriorate. Britzman will work on that part of the language.
Falken said he hasn’t discussed the building’s possible use with the City Leadership Team. He
was concerned that using it would increase the risk of something happening to the building.
The City also doesn’t have a line item for the utilities or heat. As for the main grounds,
there are 20 acres and a main building, and Falken doesn’t know what “maintaining the
structure” means.
Thomson suggested getting cost estimates in order to have a clearer idea of what
expectations are for that maintenance so there wouldn’t be any surprises.
Munsterman questioned why the City has to insure it when the State already has it insured.
Why does the city have to carry any risk when it doesn’t own the land? Britzman said liability
coverage typically goes to the party in control of the property.
Britzman will clarify the language in the agreement pertaining to the maintenance issue.
Action is scheduled for December 11th.
Creation of a Transportation Board. The Council reviewed a draft resolution to create a
Transportation Board. Action is scheduled for December 11th. Appointments would be made
in January.
6:00 P.M. CITY COUNCIL MEETING
Consent Agenda: A motion was made by Reed, seconded by Whaley, to approve the consent agenda
which included:
A. Agenda.
B. Action on Resolution No. 83-07, awarding Bids for Indian Hills Pedestrian Bridge
Project.
Resolution No. 83–07
Resolution Awarding Bids on Project 2007-09BR
Indian Hills Pedestrian Bridge
Whereas, the City of Brookings held a bid letting at 1:30 pm on Tuesday,
November 27, 2007; and
Whereas, the City of Brookings has received the following bids for Project
2007-09BR Indian Hills Pedestrian Bridge:
Mills Construction, Brookings $59,400.00
Clark Drew Construction, Brookings $84,269.50
Owens Enterprises, Brookings, $86,800.00
Now Therefore, Be It Resolved that the low bid of $59,400.00 with Mills
Construction, Brookings, SD be accepted.
C. Action on Resolution No. 84-07 canceling checks.
RESOLUTION NO. 84-07
CANCELLING CERTAIN OUTSTANDING CHECKS
WHEREAS, the City of Brookings, has issued checks that have been outstanding for
more than six (6) months;
January 22, 2008 City Council Packet
50
NOW, THEREFORE, BE IT RESOLVED that the following amounts be canceled and
the proper funds be credited:
General Fund
03-23-05 Index Stationers $17.55
01-25-06 Nortek Computers $ 5.00
07-05-06 Olson Ag & Auto Parts $32.90
12-27-06 Ez Sharp, Inc. $ 9.50
Total $64.95
D. Action to award bids for a Brush Chipper for the Forestry Dept. Bids were opened on
November 27th for furnishing of one 2007 Model Brush Chipper for the Forestry Dept.
Recommendation is to accept the bid from Aspen Equipment, Bloomington, MN, in
Schedule B, which gives allowance for trade-in of a 1986 chipper, but to not take the
deduct for the Caterpillar diesel engine, for the bid price of $31,296. No other bids were
received.
BID TAB - PARKS & RECREATION
BRUSH CHIOPPER ASPEN EQUIPMENT
November 27, 2007 Bloomington, MN
SCHEDULE A. New 2007 Model (no trade) Bandit 250XP
LUMP SUM $34,296.00
OPTIONAL BID ALTERNATE
Deduct from Base Bid, substitute -$2,318.00
Caterpillar engine for John Deere
SCHEDULE B. New 2007 Model (with trade) Bandit 250XP
LUMP SUM $31,296.00
OPTIONAL BID ALTERNATE
Deduct from Base Bid, substitute -$2,318.00
Caterpillar engine for John Deere
On the motion, all present voted yes; motion carried.
2nd Reading – Ordinance No. 40-07 – Budget. A motion was made by Bartley, seconded by
Thomson, to approve Ordinance No. 40-07, an Ordinance Entitled “An Ordinance Authorizing A
Supplemental Appropriation To The 2007 Budget For The Purpose Of Providing For Additional
Funds For The Operation Of The City, as amended. All present voted yes; motion carried.
Resolution No. 82-07 – Reserves. A motion was made by Thomson, seconded by Reed, to
approve Resolution No. 82-07, a resolution creating Capital Accumulation Reserves for
Governmental Funds. All present voted yes; motion carried.
Resolution No. 82-07
Creating Capital Accumulation Reserves For Governmental Funds
WHEREAS, the City of Brookings has established Governance Policies & Ends Policies,
which defines, protects, and prioritizes the workings of City Government,
AND WHEREAS, Ends Policy 1, Financial Stability, Guideline E requires a (5) five year
capital improvement plan,
January 22, 2008 City Council Packet
51
AND WHEREAS, Guideline E, requires the (5) five year capital improvement plan is to
be not more than an average of (10) ten percent of the general fund expenditures including
the use of the (25) twenty-five percent 2nd penny sales & use funds,
AND WHEREAS, South Dakota Codified Law 9-21-14.1 authorizes municipalities the
accumulation of funds for a period longer than one year for specific capital outlay purposes
otherwise authorized by law,
AND WHEREAS, South Dakota Codified Law 9-21-14.2 states such resolution shall be
enacted by a two-thirds vote of the governing body stating clearly the purposes for which the
funds are to be accumulated and the maximum amount that may be accumulated,
AND WHEREAS, South Dakota Codified Law 9-21-14.2 further states the funds
accumulated shall be expended within sixty months from the date of the resolution or if the
specific purposes for which the funds are accumulated are deemed no longer necessary, these
funds shall revert to the general fund,
NOW, THEREFORE, BE IT RESOLVED, the following capital reserve funds be created for
these governmental funds per the (5) Five Year Capital Improvement Plan:
FUND DESCRIPTION AMOUNT
General Fund 2009 Capital per 5 year capital improvement plan 650,025
General Fund Land-proposed purchase of DOT real property 4,000,000
25% Sales & Use Tax 2009 Capital per 5 year capital improvement plan 1,075,500
75% Sales & Use Tax 2009 Capital per 5 year capital improvement plan 1,150,000
Industrial Park 2009 Infrastructure Improvements 500,000
Storm Drainage 2009 proposed Storm Sewer Improvement 480,000
Special Assessment 2009 proposed Streets & Sidewalk Improvement 120,000
Resolution No. 85-07 – Reserves. A motion was made by Whaley, seconded by Reed, to
approve Resolution No. 85-07, a resolution creating Cash Flow Reserves within the
Governmental Funds. All present voted yes; motion carried.
Resolution No. 85-07
Creating Cash Flow Reserves Within The Governmental Funds
WHEREAS, the City of Brookings Governance Policies & Ends Policies 1,
Financial Stability, Guideline C, states the Council allows for a reasonable reserve
funding a 3-month operational level,
AND WHEREAS, the reserve is to be used at the Council’s discretion to address
temporary cash flow shortages, emergencies, unanticipated economic downturns, and
one-time opportunities,
NOW, THEREFORE, BE IT RESOLVED that up to 10% of the Governmental Fund
Balances be reserved for the above cash flow emergencies.
City Council Topics.
A motion was made by Whaley, seconded by Reed, to hold a meeting with the Airport Board
to discuss the various issues including hangars, communications, and the onsite option. All
present voted yes; motion carried.
January 22, 2008 City Council Packet
52
Presentation on Storm Water Management. Jackie Lanning, Brookings City Engineer,
reported that the City of Brookings is under an EPA mandate for Storm Water Rules and
Regulations, called EPA Phase II. This mandate became effective March 10, 2003 for all cities
in the United States with a population over 10,000 people. A Storm Water Management
Program Committee for the City of Brookings was established, and the attached Storm Water
Management Program was created. Each City was given five years to fully implement their
programs, and an annual report is required to be submitted to the DENR by March 10th of each
year.
The EPA guidelines require the following six (6) areas to be addressed with the City’s Storm
Water Management Program:
• Public Education and Outreach on Storm Water Impacts
• Public Involvement/Participation
• Illicit Discharge Detection and Elimination
• Construction Site Storm Water Runoff Control
• Post-Construction Storm Water Management in New Development and Redevelopment
• Pollution Prevention/Good Housekeeping for Municipal Operations
The Brookings Storm Water Management Program addresses Minimum Control Measures for
each of these six areas. Measurable Goals, which are required for each of the Minimum
Control Measures, are intended to gauge permit compliance and program effectiveness. The
City of Brookings Storm Water Management Program addresses the activities which will be
required in the form of public information and education, education of City Staff,
maintenance procedures, recommendations for new or modified construction standards for
the City, recommendations for additional or modified City ordinances, potential areas of City
expenditures, potential funding scenarios for the program, and recommended measurable
goals and timetables for the attainment of the goals within each area. Unless another
individual or group has been identified, the Brookings City Engineers Office will be responsible
for each Best Management Practice.
A summary of the Brookings Storm Water Management Program and the goals achieved was
presented to the Council and is available for inspection at city hall.
Adjourn. A motion was made by Thomson, seconded by Brunner, to adjourn. All present
voted yes; motion carried. Meeting adjourned at 6:35 p.m.
City of Brookings
Scott D. Munsterman, Mayor
ATTEST:
Shari Thornes, City Clerk
January 22, 2008 City Council Packet
53
Brookings City Council
December 11, 2007
(unapproved)
The Brookings City Council held a meeting on Tuesday, December 11, 2007, at 6:00 p.m., at
City Hall with the following members present: Mayor Scott Munsterman, Council Members
Julie Whaley, Mike Bartley, Ryan Brunner, Ginger Thomson, and Tom Bezdichek. Council
Member Tim Reed was absent. City Manager Dennis Falken, City Attorney Steve Britzman, and
City Clerk Shari Thornes were also present.
Reception. A reception was held at 5:00 p.m. for Dennis Falken in recognition of his service
as City Manager.
6:00 P.M. CITY COUNCIL MEETING
Consent Agenda: Action on Resolution No. 92-07, authorizing the City of Brookings to accept
a gift of property, update on proposed liquor legislation, and an executive session for
personnel was added to the agenda. A motion was made by Thomson, seconded by Whaley, to
approve the consent agenda which included:
A. Agenda, as amended.
B. Action to approve City Council Minutes from November 6, November 7, November
9, November 13, and November 27 Meetings.
C. Action on bids for a garbage truck. Action to award bids on the automated garbage
truck to Sanitation Products for $186,884 plus the trade in. The bid came in at
$186,884.00 plus the trade in of $30,000.00 for a total of $216,884.00. Northern
Truck Equipment Corp., base bid $231,679 and trade-in of $32,000 and did not meet
specifications and was also high bid. Delivery would be in 250 days – 300 days.
D. Action on the following board appointments: Board of Adjustment- reappoint Dave
Rusten, Jay Vanduch and Larry Klingbile (terms expire January 1, 2011); Board of
Appeals – reappoint Gerald Foster (term expires January 1, 2013); Board of Health –
reappoint Dr. Merritt Warren, Jesse Ronning, Lauanne Napton, Roberta Wagner (terms
expire January 1, 2011); Brookings Committee for People who have Disabilities –
reappoint Dave Bertelson and Lisa Sonnenburg (terms expire January 1, 2011);
Brookings Historic Preservation Commission – new appointments, Dr. Dennis Willert
and Pat Powers (terms expire January 1, 2011); Human Rights Committee – reappoint
Steve Bayer and George Hamer (terms expire January 1, 2011); Library Board – new
appointments, Lawrence Rogers and Gloria Thvedt (terms expire January 1, 2011);
Planning Commission – reappoint Larry Fjeldos, new appointments Al Gregg and Al
Heuton (terms expire December 31, 2012); Traffic Safety Committee – reappoint Sgt.
Rebecca Thompson (Brookings Police), Brian Lueders (School District), Connie Bridges
(Citizen), and Margie Carpenter (Citizen) (terms expire December 31, 2010); Visitor
Promotions Committee – reappoint Bob Johnson and Lynn Darnall (terms expire
January 1, 2011).
E. Action on Health Systems Board appointment: Al Baker and Rob Jones, terms
expiring on January 1, 2011.
January 22, 2008 City Council Packet
54
F. Action on Resolution No. 86-07, Increasing the Escrow Account for a Future Solid
Waste Facility.
Resolution No. 86-07
Increasing The Escrow Account For A Future Solid Waste Facility
Whereas, the City of Brookings will need a Solid Waste Facility in the future and,
Whereas, the City of Brookings has established an escrow account to fund the siting,
the designing, the permitting, and the constructing of a future solid waste facility and,
Whereas, such an escrow account would be limited in use to expenses associated with
a future solid waste facility and,
Whereas, $50,000.00 is budgeted for the 2008 budget year and,
Whereas, the amount budgeted will be increased from time to time as the solid waste
fund can afford it;
Therefore, Let It Be Resolved, that the City Manager be authorized to increase the
escrow account for a Future Solid Waste Facility,
Let It Be Further Resolved, that the City Manager with the approval of the City Council
of the City of Brookings be allowed to spend these funds for a Future Solid Waste
Facility when the need arises.
G. Action on Resolution No. 87-07,CCO#2 (Final) 2007-05STI 32nd Avenue & Prince
Drive Street Project.
Resolution No. 87-07
Resolution Authorizing Final Change Order (CCO#2 Final) For
2007-05STI 32nd Avenue & Prince Drive Street Project
BE IT RESOLVED by the City Council that the following change order be allowed for
2007-05STI 32nd Avenue & Prince Drive Street Project: Construction Change Order
Number 2 Final: Adjust estimated quantities to “as-build” quantities including extra
work to reset a culvert and install manhole collars for a total increase of $627.30.
Adjust contract substantial completion date to October 11, 2007 and final completion
date to November 16, 2007 for a total time extension of 26 working days.
H. Action on Resolution No. 69-07, Final CCO for 2007-03SSI Indian Hills Drainage
Project.
Resolution No. 69-07
A Resolution Authorizing Final Change Order (CCO#2 Final) For
2007-03SSI Indian Hills Drainage Project
Rounds Construction, Inc., Brookings, SD
BE IT RESOLVED by the City Council that the following change order be allowed for
2007-03SSI, Indian Hills Drainage Project: Construction Change Order Number 2 Final:
Adjust estimated bid quantities to “as build” quantities including the additional work
of concrete sidewalk, annual rye grass, canary grass, erosion control snake bags and
rebar stakes at the appropriate unit prices as bid for a total increase of $844.35.
Adjust contract deadline by 61 days.
January 22, 2008 City Council Packet
55
I. Action to approve the City Attorney Contract.
Legal Services Agreement
THE CITY OF BROOKINGS AND STEVEN J. BRITZMAN, ATTORNEY AT LAW agree that the
City of Brookings has appointed Steven J. Britzman to serve as City Attorney for a
twelve (12) month period, commencing January 1, 2008 and ending December 31,
2008, and the City of Brookings and Steven J. Britzman desire to set forth the terms of
their Agreement concerning the provision of legal services by Steven J. Britzman as
City Attorney as follows:
1. Performance of Legal Services
Steven J. Britzman shall perform all legal services as provided in the "Scope of Services
for City Attorney for City of Brookings" (the "Scope of Services"). A copy of the Scope
of Services for City Attorney is attached hereto. Steven J. Britzman will perform all
legal services which shall include representing the City in Magistrate Court in the
enforcement of City Ordinances.
2. Insurance Coverage
Steven J. Britzman shall maintain Attorneys Professional Liability coverage in the
amount of One (1) million dollars ($1,000,000) per claim and One (1) million dollars
($1,000,000) aggregate during the term of this agreement. Steven J. Britzman shall be
responsible to pay any deductible amount under the foregoing coverage.
3. Conflicts of Interest
The parties to this Agreement understand that actual or perceived conflicts of interest
are defined in great detail in the Rules of Professional Responsibility which govern
attorneys and which are a part of the statutes of South Dakota. Accordingly, Steven J.
Britzman shall follow the Rules of Professional Responsibility, immediately disclose to
the City Council, Interim City Manager and City Manager any conflict or the
appearance of a potential conflict, and resolve the issue to the satisfaction of the City
of Brookings and the other client.
4. Compensation for Legal Services
Steven J. Britzman agrees to provide all of the legal services provided in the Scope of
Services, for a monthly sum from January 1, 2008 through December 31, 2008 of Five
Thousand Two Hundred Six and 42/100 ($5,206.42) Dollars, payable on the last day of
the month.
The hourly rate for other legal services, including those set forth in Item 15 of the
Scope of Services is $125.00 during the term of this Agreement.
The legal services provided by Steven J. Britzman shall be performed as an
independent contractor and Steven J. Britzman shall therefore pay all payroll and
business expenses incurred in providing legal services to the City.
5. Expense Reimbursements, Meetings and Conferences
In addition to the compensation for legal services, the City will provide Two Thousand
Dollars ($2,000.00) per year for membership in the International Municipal Attorneys
Association (IMLA) (currently $600.00 per year) and for Conference registration and
travel to the Annual Meeting of the International Municipal Lawyers Association which
includes at least sixteen hours of continuing education. The City Attorney will also be
reimbursed for out-of-pocket expenses when required to travel outside the City of
January 22, 2008 City Council Packet
56
Brookings to other meetings or to perform legal services, provided such travel is
approved by the City Manager in advance of travel.
6. Legal Services not within the Scope of Services
Steven J. Britzman shall first obtain approval of the City to perform any legal services
excluded from the Scope of Services, however Steven J. Britzman and the City agree
that it is appropriate for the City Attorney to be responsive to residents of the city,
the media, other municipal attorneys, municipal league and other public officials
where communication or an appropriate measure of assistance is in the best interest
of the City.
Scope Of Services For City Attorney
For City Of Brookings
1. Legal counsel shall attend all City Council meetings as the legal advisor for the
Brookings City Council, unless the absence is due to vacation or illness or the subject
matter does not require the assistance of counsel.
2. Provide all necessary legal consultation services, including oral and written opinions
and research as requested by the Brookings City Council and the City Manager.
3. Provide legal assistance to the City’s Boards and Commissions except the Utility
Board and Hospital Board as requested by the City Manager and City Council.
4. Provide legal representation to the City in litigation initiated against the City and by
the City in circumstances where the City is not represented by legal counsel assigned
by its insurance company. Legal representation and litigation must be authorized in
each instance by the City Council.
5. Assist in the preparation and review of all contract agreements, resolutions,
ordinances and other legal documents considered, adopted or endorsed by the City.
6. To maintain a working knowledge of Municipal Law on both the State and Federal
level.
7. Provide legal representation for the City before administrative bodies upon special
request by the City Council.
8. As requested, review all claims made against the City.
9. Confer with colleagues that specialize in areas of law to establish and verify
a basis for legal proceedings; serve as a liaison between outside legal counsel
and City Officials on specialized legal issues.
10. Prepare a monthly written report on current and on-going activities of the City
Attorney’s Office due at first City Council meeting of the month for the preceding
month, together with a monthly statement of legal services performed which
includes a description of the service and the time required to perform the service.
11. Assist the City Clerk and the private sector firm in Ordinance Codification.
January 22, 2008 City Council Packet
57
12. The City Attorney will be an advisor to the labor negotiating staff and will review
labor contracts as required or requested.
13. Maintain professional awareness of current literature and changes in law and
attending continuing legal education to ensure the most efficient, cost-
effective, and accurate operation of the City Attorneys Office.
14. Review proposed state legislation affecting the City and prepare or supervise the
preparation of state legislation relating to municipal and city government matters
as directed by the City Council. Consult with City Council, City Manager and
department heads in regard to such legislation and testify before legislative boards
as requested.
15. The City Attorney’s basic fee would not include the following services:
a. Litigation
b. Appearance on behalf of the CITY before Courts or administrative bodies
(other than Magistrate Court).
c. Special projects assigned by the CITY to Attorney.
Fees and services in a-c above will be as negotiated and agreed upon by the parties.
J. Action on Resolution No. 88-07 CCO#1 Final for P3245(00) PCN H015, 22nd Avenue
from 11th Street South to 20th Street South Asphalt Resurfacing and Pavement
Marking Project.
Resolution No. 88-07
Resolution Authorizing Final Change Order (CCO#1 Final) For
P3245(00) PCN H015 22nd Avenue Asphalt Surfacing and Pavement Marking Project
from 11th Street South to 20th Street South
Whereas, the City Council approved Resolution No. 75-07, authorizing Final Change
Order (CCO#1 Final) for P3245(00) PCN H015 22nd Avenue South Paving and Striping
Project; and
BE IT RESOLVED by the City Council that the following contract change be allowed for
P3245(00) PCN H015 22nd Avenue South Paving and Striping Project: Adjust final
contract deadline by five calendar days.
This resolution amends Resolution No. 75-07 dated November 27, 2007.
K. Action on Resolution No. 89-07 CCO#1 Final for P3245(00) PCN H018, 22nd
Avenue from 6th Street to Highway 14 Bypass Asphalt Resurfacing and Pavement
Marking Project.
Resolution No. 89-07
Resolution Authorizing Final Change Order (CCO#1 Final) For
P3245(00) PCN H018 22nd Avenue Asphalt Surfacing and Pavement Marking Project from
6th Street to Hwy 14 Bypass
Whereas, the City Council approved Resolution No. 76-07, authorizing Final Change
Order (CCO#1 Final) for P3245(00) PCN H018 22nd Avenue South Paving and Striping
Project; and
January 22, 2008 City Council Packet
58
BE IT RESOLVED by the City Council that the following contract change be allowed for
P3245(00) PCN H018 22nd Avenue South Paving and Striping Project: Adjust final
contract deadline by one calendar day
This resolution amends Resolution No. 76-07 dated November 27, 2007.
L. Action on Resolution No. 91-07, Uncollectible Checks Removed From Liquor Store
Records.
Resolution No. 91-07
Uncollectible Checks Removed From Liquor Store Records
WHEREAS, The Brookings Municipal Liquor Store has received a total amount of
$336.51 in insufficient funds and no account checks; and
WHEREAS, these checks and bills have been processed for collection with the States
Attorney and Sheriff’s Office and have been considered uncollectible;
NOW, THEREFORE, BE IT RESOLVED that the checks totaling $336.51 for the Liquor
Store be determined as uncollectible and removed from the records. Such checks will
be retained by the State’s Attorney Office to support possible subsequent collection of
that debt.
On the motion, all present voted yes; motion carried.
2nd Reading – Ordinance No. 41-07 – Conditional Use. A public hearing was held on
Ordinance No. 41-07, a conditional use permit to establish a major home occupation (portrait
studio) on the east 104.7 feet of Outlot 7, excluding Lot H-1 in the SW ¼ of Section 35-T110N-
R50W (1632 Main Avenue South). No comments were made. A motion was made by Whaley,
seconded by Thomson, to approve. All present voted yes; motion carried.
Malt Beverage License Transfer – Mad Jacks. A public hearing was held on an application to
transfer an on-off sale malt beverage license from Dennis Bielfeldt, Mad Jacks, to Greengo’s,
Dave and Dan Spaulding, at 1300 South Main Avenue. No comments were made. A motion
was made by Bartley, seconded by Brunner, to approve. All present voted yes; motion
carried.
Research & Technology Center – rental rates. Falken said the city established a policy in
2003 setting the rates for a nine year period with the costs increasing every year. The
contracts are coming up in January for another three year extension. The question is if these
rates are still appropriate. The intent was to accelerate the rates to motivate tenants to
eventually move out in order to provide opportunities for new tenants.
Munsterman commented that one thing the City didn’t build into the rate structure was to
add the cost of living increases into the annual rate increases.
Whaley asked if any of the tenants were present at the meeting. Lanning said no, but all
were notified and she heard from one that was interested in staying at the same rate due to
financial obligations.
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Munsterman expressed desire to bring the rates to market level. He suggested taking the COL
for the last four years at 2.5% per year and adjust the rates by 10%. He said the entire idea
was to allow tenants a low rent to begin with and then move them out into a private rental or
build their own.
Whaley noted that the tenants have invested money into the property and now they want to
stay.
The Council discussed a formula that would adjust years 6, 7 and 8 with $8.75 as the base.
Falken noted that the Center does generate revenue for city and would want to keep it
occupied. He was concerned that an increase to $10 was substantial and recommended he
visit with the tenants before the Council took action.
ACTION: A motion was made by Bezdichek, seconded by Thomson, to set the City Research
and Technology Center’s lease rates to market rate with base at $10.00 and establish a 3-year
lease with increases annually tied to consumer price index each year of the lease with a
market evaluation done at the end of the 3-year lease and allowing to terminate annually
during the term of the 3-year lease. All present voted yes; motion carried.
Airport Base Operation. Falken said the city lost its Fixed Base Operator (FBO) in the last 30
days. The new owner, Randy Hansen, is interested in keeping the operation going and taking
care of aircraft coming in as an interim FBO. He is trying to secure a permanent FBO with 24
hour service.
Mike Wilson, Airport Manager, said Hansen has requested help in trying to provide a 24 hour
lobby for general aviation traffic. Right now only the outside foyer is open and it would be
ideal to have the lobby opened, providing access to bathrooms, chairs, television, vending
machines, and kitchen.
Randy Hansen said the choice was to close the doors or to work with the city to continue the
FBO service. He distributed a draft Temporary Fixed Base Operator’s Agreement for Council
review.
He has entered into an agreement with SDSU Aviation to take over the second floor of the
facility with key access. SDSU aviation will purchase fuel from him instead of their own
tanks.
This arrangement is a temporary solution and he is actively seeking a full service full-time
FBO to take over the first level and entire hangar.
To provide service during the interim, he requested the city provide $715/month for three
months and $800 for one keypad access for the door.
He is investing $5,000 in a facelift for the facility, noting that the airport is the gateway to
the city to people who can afford jet travel.
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Whaley asked how much money was left at the airport to spend. Lanning said she was just
seeing these figures now and was uncertain how it would fit into the budget. She hasn’t had
the opportunity to run this by the finance manager.
Falken agreed saying this was the first time seeing the numbers and he’d need to review the
request with staff. He noted that the FBO agreement also included costs to provide 24 hour
service. If the City moves forward with this request, it would need to be sure that the airport
meets the needs of the community.
There was concern that the new FBO would also tie a subsidy request to their business plan.
Bartley asked if the city provided 24 hour service in the past. Wilson said no, the pilots were
given keys and the lobby was available by on-call only. He didn’t have any statistics on other
airports with 24 hour service.
Falken recommended this request go back to the Airport Board. The City may determine that
it can not afford 24 hour service.
Bezdichek expressed concern that the city has volunteer boards and requests such as these
should follow a certain protocol and that it should have gone to the Airport Manager, Airport
Board, City Manager, and then City Council. Hansen noted that he had been to every airport
board meeting since he purchased the facility; however, this issue came up very suddenly and
pulled this request together quickly.
ACTION: A motion was made by Bartley, seconded by Brunner, to approve $715 per month
from December 1, 2007 to a period not to exceed March 31, 2008 and an additional $800.00
for one door access keypad. All present voted yes, except Bezdichek voted no, motion
carried.
Memorandum of Understanding for the Building Code. A motion was made by Thomson,
seconded by Brunner, to approve a Memorandum of Understanding between the city of
Brookings and State of South Dakota regarding Building Code. Discussion: Lanning said the
SDSU Innovative Campus is in the design phase for their infrastructure, and will be building
the first structure in the near future. Typically, when a structure is built on SDSU campus,
the Office of the State Engineer performs the building inspection. In the case of the SDSU
Innovative Campus, the State Engineer will not be performing the building inspection
because they have leased the land to the Innovative Campus. The Memorandum of
Understanding will authorize the City of Brookings to perform the inspection on any buildings
built on the Innovative Campus property. Whaley asked how much the City typically charges
for inspections and how many inspections would be required for the scope of this project.
Lanning responded at least 3 to 4 inspections would be required in a residential project and
those costs are included in the building permit fee; however, there isn’t a permit fee with
this project. All present voted yes; motion carried.
MEMORANDUM OF UNDERSTANDING
Between South Dakota State University Growth Partnership
And City of Brookings
Regarding Building Inspection Procedure
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61
This Memorandum of Understanding is entered into by and between the South Dakota State
University Growth Partnership (hereinafter referred to as the SDSU Growth Partnership) and
the City of Brookings and pertains to the application of the Building Code of the City of
Brookings (hereafter referred to as the “Building Code”) upon and within the SDSU Innovation
Campus.
WHEREAS, the SDSU Growth Partnership was established for the purpose of stimulating tech-
based economic development in the City of Brookings and the State of South Dakota, and
WHEREAS, the SDSU Growth Partnership entered into a 99-year ground lease with the Board of
Regents to develop 125-acres of land located north of 6th Street; east of 22nd Avenue; and
south of the Highway-14 Bypass, adjacent to SDSU’s main campus, and
WHEREAS, the City of Brookings has developed a plan to stimulate economic development and
increase municipal services to enhance the quality of life in Brookings, and
WHEREAS, both the City of Brookings and the SDSU Growth Partnership have agreed: To
cooperate in the development of South Dakota’s first University-related research park,
referred to herein as the “SDSU Innovation Campus”; to assist in stimulating tech-based
economic development in the City of Brookings and the economy of South Dakota, and
WHEREAS, the SDSU Growth Partnership and the City of Brookings understand and agree that
the Building Code of the City of Brookings should include within its scope all property located
within the SDSU Innovation Campus,
NOW THEREFORE, in order to accomplish the objectives set forth above, the parties hereto
agree to the following:
1. The Building Code of the City of Brookings, as adopted in Section 22-31 of the Code of
Ordinances of the City of Brookings, shall be applicable to all construction within the
SDSU Innovation Campus. As a result, the Building Code and the administration and
enforcement of the Building Code shall be applicable to all property within the
boundaries of the SDSU Innovation Campus.
2. The City of Brookings shall provide the inspections and issue a Certificate of
Occupancy provided the structure and all facilities are in compliance with the Building
Code.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date set forth
below.
Valley View Street Layout. Falken said the City Council approved a plan for this
development with a 45 ft right-of-way. Staff has concerns that there will only be 3 ft left for
utilities, trees, grass and lights, about the amount of area between the curb and sidewalk,
which isn’t adequate. He felt it was important to bring the plan back to the Council to make
sure they understood the plan and possible impact.
Lanning said the Council approved this development with a 45 ft right-of-way that included a
31 ft street and 4 ft sidewalks next to the property line. This plan would leave only 3 ft for
light poles, hydrants, utility lines, grass and trees.
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One option is a curbside sidewalk, but she discouraged that option because of snow removal
problems. An easement into the setback also isn’t a good option because the driveways
wouldn’t be long enough for standard vehicles. Utility poles could be placed on private
property with an easement. Another option is narrowing the street width to 27 ft which
would provide a 5 ft boulevard on both sides. The sidewalk cannot be narrower than the
current 4 ft.
Whaley suggested only allowing parking on one side of the street. Lanning said that would be
an option.
Whaley noted that the Council originally voted for the sidewalk on this development, but
suggested now keeping the 31 foot street and eliminating the sidewalks. Falken said the city
has a policy that sidewalks are to be installed in all new developments.
ACTION: A motion was made by Bartley, seconded by Munsterman, to accept option two by
the City Engineer, which was to reduce the street width to 31 feet, retain 4 foot sidewalks on
both sides, and a 5 foot boulevard on both sides. Discussion: Bezdichek asked if the Traffic
Safety Committee had reviewed this request. Yes, the Committee was involved in the
original development proposal and recommended the installation of sidewalks and street
width. All present voted yes, except Whaley voted no, motion carried.
Downtown Streetscape Project. Jackie Lanning, City Engineer, noted that Randy Fischer
from Designworks, Inc. presented the design concept to the City Council on November 13,
2007 for the Downtown Streetscape Project.
The boundaries of the proposed Downtown Streetscape project is from 6th Street to Front
Street, and includes new water and sanitary sewer mains and services, new sidewalk, light
poles, trees, curb & gutter, pavement, and other amenities. The new street for Main Avenue
will remain at its current width; however, there will be a “bump-out node” at each
intersection. These “nodes” will allow for attractive landscaping features, as well as
shortening the crosswalk distance for people crossing the street. One other change will be
the installation of stop signs at 4th Street & Main Avenue and 5th Street & Main Avenue.
Allyn Frerichs said the staff and the architect recommend that the streetscape budget include
a 15% contingency. This contingency fund would be spent only if bids exceed the budget by a
small amount and for possible change orders during construction. There is a high probability
in this project that unknown conditions could be unearthed during construction that might
require modification and increased costs. Staff has learned of unusual construction
information during their meetings with the landowners, however there will likely be other
unforeseen issues due to the age of the infrastructure.
The contingency portion of the budget is not funded at this time and would require approval
sometime in January as a budget amendment. Staff suggestion is that the 15% contingency be
apportioned in the following manner: approximately half (7.5%) for bid price and the other
7.5% for change orders during construction. The Council would approve any spending of this
contingency by resolutions to award bids and approve change orders.
As part of the funding, a $1.25 million dollar private donation has been pledged towards the
cost of the streetscape, as an incentive to do the complete project, including street, curb and
gutter replacement and to enhance the quality of the overall project through use of
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63
patterned and colored concrete, special landscaping, planters and additional features at the
intersection crosswalks.
Staff researched possible outside sources for the signal needed at Main Avenue and 3rd Street
and found that DOT funding is not available. Original estimates for the signal were $150,000;
however, costs should be near $100,000 since the street would already be removed. Funding
for this signal could be placed into the contingency, or other budgeted funds could be used
toward the signal.
Frerichs reviewed the more finalized budget estimates and funding sources with the Council.
He noted that the costs do not include the utility portion of the project. Businesses will
fund the water and sewer main replacements through an assessment project. He also noted
that the HUD grant was intended for specific enhancements and lighting, and not utilities.
The City has budgeted funds for everything except a contingency and the traffic signal. It is
typical to have a contingency in the construction phases to handle any unknown situations
that could arise. The private donor has pledged $1.25 million towards parts of the project.
Lanning said that the Department of Transportation will not fund the traffic signal as it
doesn’t meet their criteria.
Whaley reviewed the 2008 budget and handouts and questioned the amount of money
allocated for the project citing a $1 million difference from staff numbers. Frerichs said the
estimated shortage from contingency and the traffic signal would be $500,000 and not $1
million.
Munsterman asked for clarification on the budget and the additional money needed. Frerichs
said the project base bid work includes all options and is budgeted. A budget amendment
would be required for the additional funding of $500,000 to fund the contingency and the
traffic signal. The Council does have the option of a smaller contingency. He noted that a
contingency must be established before the bid letting. There isn’t enough time to do a
budget amendment once the bids are in.
Munsterman asked what percentage should be set aside for a contingency. Frerichs said 5%
was used for the pool project. Having a higher contingency is always a good idea on such a
large project because of the possibility of unknown conditions during the construction phases.
Contingency expenditures would be a decision of the Council. However, having a
contingency allows for the option to consider and award bids that may come in a little higher.
Whaley reiterated being uncomfortable with figures that don’t match, citing examples in the
handouts. She asked if the patterned walkway was budgeted. Frerichs said yes, this was
specifically funded as a private donation to improve the quality of the sidewalk. She asked if
there were concerns about that surface being more slippery. No.
Whaley said she has talked to several business owners who have concerns about the tree
types and placement. Frerichs said the tree species will include Japanese Tree Lilac, a
Spring Snow Flowering Crab without fruit, and an upright Norway maple. He’d install Imperial
Locust at the nodes, which are a larger species. Whaley asked if the larger trees at the nodes
would block traffic. No, they are elevated and would not block the traffic.
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Whaley expressed concern that the city wants the business owners to beautify their buildings
but the trees would cover everything up and they generate leaves and garbage. What is
their motivation to do anything with the fronts of their buildings? Do people want this?
Falken said it is important to budget for unexpected issues and a contingency is needed.
Whaley asked for clarification on the project schedule.
Carey Bretsch, Civil Design Inc., said it’s their intent to have the final documents ready by
January, go to bid in February with action later that month.
Whaley asked if the City has been talking to and coordinating with the Brookings Municipal
Utilities on this project. Yes, BMU’s costs are to install water and sewer at their own costs
regardless of other issues.
ACTION: A motion was made by Bartley, seconded by Brunner, to approve moving forward
with the bid document preparation for the Streetscape project.
Discussion: Thomson asked if that should include the contingency and traffic signal. She
asked where the additional funds would come from. Bartley said the Finance Manager would
have recommendations for funding sources. The City has contingency funds in the budget for
emergency needs.
Falken said the Council’s action to approve at this meeting will keep the project moving
forward. The final action will be the approval of the bids in February. If the bids come in
and the money isn’t there, then the Council can say no. At this point, staff is moving forward
with the assumption that the project will move forward. Waiting another year with the
project will result in more expensive issues.
Thomson questioned if this action would be a final commitment? Munsterman said no, the
action to approve the bids will be the final big decision. He noted that he isn’t concerned
with finding an additional $500,000 since the City Finance Manager recently reported setting
aside $5M in reserves accumulated from increased sales growth. The City has sources of
revenue and the exact sources can be addressed later.
Frerichs clarified that the Council’s action at this meeting would allow the architects to move
forward with the final construction drawings. In January, the Council would take action on a
budget amendment addressing the contingency and traffic signal funding issue. In February,
the Council would review and act on the bids.
Public comment:
Harry Jones asked how apartment dwellers will have access during the construction process.
He also asked if the steam tunnel would be removed. Frerichs said no, the tunnel contains
asbestos and would be too expensive to remove. Tenant access is a priority, but there may
be a time or two when an open trench would prevent access to a Main Avenue entrance, but
nothing overnight. Access would be reinstalled by the end of the working day.Jones express
concern about the future of Main Avenue, noting he has been there since the 1960s and has
witnessed its gradual deterioration. Complaints about lack of parking has been an ongoing
issue. He commented on a number of different businesses that left Main Avenue citing
parking as one of the reasons. He expressed concern about spending money on cosmetic
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65
issues and is concerned for property owners on Main. They’ve expressed 30-40% increases in
their property taxes and profits on rentals has reduced. Another issue is the blocked alley
from delivery trucks. He suggested two-way alleys as a possible solution.
Todd Brost said everyone does appreciate the City being willing to spend money downtown
and they do appreciate the private donor wanting to improve the downtown. However, he
did not feel it was good use of tax dollars and felt the project would hurt more than it would
help. He cited national statistics against the corner node design. He was opposed to the
four-way stop sign and felt the traffic signals should remain as a more pedestrian friendly
design. He was opposed to tearing up the street for the entire summer because it would be
hard on businesses and residents. He noted some businesses that are moving out of the
downtown area.
Bezdichek said this project has little or nothing to do with the street; it’s all underneath.
The infrastructure is 100 years old and has to be replaced and hopefully a future City Council
won’t have to deal with it for a long time. Right now if a fire occurred, there is a strong
likelihood that the water pipe would break.
Martin Maca, DBI Board President, encouraged the City Council to approve this project
because it’s good for downtown. Brookings has a nice downtown and believes this project
will be good for the businesses in the long run. He noted that there is some pain in the
process, but there’s always a little pain and believes the project will be good for the
Brookings community as a whole. The downtown is the gateway to the community and an
indicator on a community’s health and viability. This project has a long history which has
been discussed, evaluated, and debated. There have been plenty of opportunities for people
to speak up. This project will generate multiple benefits including new sewer and water,
both of which will eventually fail if not replaced. Half of the cost is covered for the
businesses if it is done now. If done later, it would cost twice as much. DBI believes a new
streetscape will result in safer, better lit streets for pedestrians. There have been ample
opportunities for public input through public hearings and open houses. He said there are
always those who are opposed to progress. He closed stating this project is well designed,
conservative and worth the investment and encouraged the Council to vote favorably.
On the motion; all present voted yes, motion carried.
Resolution No. 90-07 – Transportation Board. A motion was made by Bartley, seconded by
Whaley, to approve Resolution No. 90-07 creating the Brookings Transportation Board. All
present voted yes; motion carried.
Resolution No. 90-07
A Resolution Creating The Brookings Transportation Board
For The City Of Brookings
WHEREAS, in order to identify opportunities for improved transportation efficiency as
measured by increased levels of service or decreased cost, especially through coordination
among transportation providers in Brookings, and further to provide oversight and evaluation
of the success of coordinated transportation efforts, and to provide advice and information
to other organizations on a regular or as needed-basis, the City of Brookings hereby creates a
Brookings Transportation Board, NOW THEREFORE,
BE IT RESOLVED by the City Council of the City of Brookings, South Dakota, as follows:
Brookings Transportation Board
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Section 1. Creation/Name. There is hereby created a transportation board for the City of
Brookings. The transportation board will be referred to as the Brookings Transportation
Board.
Section 2. Purpose/Mandate. The purpose of the Brookings Transportation Board is to identify
opportunities for improved efficiency as measured by increased levels of service or decreased
cost, especially through coordination among transportation providers in Brookings. The
Brookings Transportation Board shall provide oversight and evaluation of the success of
coordinated transportation efforts as well as provide advice and information to other
organizations on a regular or as needed-basis.
Section 3. Manner of appointment, composition, terms.
(a) Members of the Brookings Transportation Board shall be appointed by the Mayor, with the
advice and consent of the City Council, for three-year terms that commence in January.
Members may be appointed for additional terms not exceeding three years each. The
initial terms of office shall be staggered in 1, 2 and 3 year increments.
(b) The Brookings Transportation Board shall consist of thirteen (13) members, who shall be
appointed with due regard to representation from the following areas:
1. City of Brookings
2. County of Brookings
3. Brookings Health Systems
4. Brookings Committee for People who have Disabilities
5. Brookings Public School System
6. East Central Mental Health
7. Downtown Brookings Inc.
8. South Dakota State University Administration
9. South Dakota State University Student Association
10. South Dakota Department of Vocational Rehabilitation
11. ADVANCE
12. Senior Activity Center
13. Citizen-At-Large
(c) Ex-officio, non-voting members shall be appointed to serve on the Brookings
Transportation Board from the following areas: City (City Engineer, ADA Coordinator), all
transportation service providers.
Section 4. Qualifications of members. The members of the Brookings Transportation Board
shall not hold any elective office in city government.
Section 5. Vacancies. Any vacancy in the membership of the Brookings Transportation Board
shall be filled for the unexpired term in the same manner as provided for appointment.
Section 6. Meetings; chairman. The Brookings Transportation Board shall regularly hold
meetings at such times and places as it shall determine. It shall select a chair from its
members, and such other officers as it deems appropriate, to serve for a term of one year.
Section 7. Quorum. A majority of the members of the Brookings Transportation Board shall
constitute a quorum for the transaction of its business.
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Section 8. Duties; powers. The Brookings Transportation Board shall have the following
powers and duties:
(a) Advise the City Council, City Manager and staff concerning transportation matters with
the city of Brookings and surrounding area.
(b) Advise the City Council, City Manager and staff concerning the city’s public transportation
budgetary needs and uses; review policies and operations of public transit providers who
receive public funds; and suggest changes to policies and operations of public transit
providers to reflect needs of the community.
(c) Facilitate coordination of public transit providers.
Amendment to Agreement with SD Department of Transportation. A motion was made by
Bartley, seconded by Brunner, to approve the agreement with the Department of
Transportation. All present voted yes; motion carried.
SECOND AMENDMENT TO PURCHASE AGREEMENT
THIS SECOND AMENDMENT TO PURCHASE AGREEMENT is made and entered into by and
between the STATE OF SOUTH DAKOTA, Department of Transportation, (hereinafter referred
to as the “State”) and CITY OF BROOKINGS, (hereinafter referred to as “City”).
WHEREAS, the parties did enter into a Purchase Agreement dated the 29th day of March, 2006,
which the parties subsequently modified (Sections 1, 6, and 13 of said Purchase Agreement
were amended), and
WHEREAS, the parties desire to extend the time for performance by the CITY and address the
status of the DOT building upon the premises as further amendments to said Purchase
Agreement.
NOW, THEREFORE, the parties to the above-referenced Purchase Agreement hereby amend
said Purchase Agreement as follows:
I.
The parties hereby revise Section 1. to the Purchase Agreement referred to above
as follows:
PURCHASE PRICE AND PAYMENT FOR PREMISES ONE
1. CITY agrees to pay the purchase price of Four Million Dollars ($4,000,000) to STATE for
PREMISES ONE. Payment shall be made by cashier’s or certified check at STATE’s office on
January 1, 2009. STATE shall be entitled to maintain possession of PREMISES ONE until
January 1, 2009, at which point possession of PREMISES ONE shall be surrendered to CITY,
provided STATE has received the purchase price for PREMISES ONE. At STATE’s option, STATE
may elect to vacate PREMISES ONE before January 1, 2009.
Notwithstanding the previous paragraph, the CITY shall have the option to cancel its purchase
of PREMISES ONE, provided that CITY gives written notice to the STATE, prior to January 1,
2009, of its intention not to purchase the property.
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In consideration for the extension of the closing date, the CITY shall have the obligation, at
CITY’s expense, for the period after DOT vacates the buildings located on PREMISES ONE and
until January 1, 2009, to maintain the buildings and structures on PREMISES ONE to the extent
their condition does not deteriorate to the degree they create a safety risk or hazard, to
insure the land, buildings, and structures for liability coverage with a limit of not less than
$6,000,000.00 for each occurrence, to periodically inspect PREMISES ONE so the fences and
locks are secure in order to keep unauthorized persons off the premises, and to pay for
utilities. CITY will mow the vegetation upon PREMISES ONE.
II.
The parties hereby delete Section 6. to the Purchase Agreement referred to above.
III.
The parties hereby ratify and confirm all other provisions of the original Purchase Agreement
dated the 29th day of March, 2006, and as subsequently amended, and hereby affirm their
intent to have said Purchase Agreement, as amended, remain in full force and effect.
Resolution No. 92-07-Gift of Property. A motion was made by Bartley, seconded by
Thomson, to approve Resolution No. 92-07, a Resolution Accepting a Gift of Real Property to
the City of Brookings, South Dakota. Discussion: Falken said this gift would provide the city
with the remainder of the square block where the city library is located. The purpose of the
gift would be to remove the structure and enhance and improve the gateway entrance from
the Children’s Museum with landscaping. All present voted yes; motion carried.
Resolution No. 92-07
A Resolution Accepting A Gift Of Real Property To The City Of Brookings, South Dakota
WHEREAS, O. Dale Larson desires to gift and convey real property to the City of Brookings,
South Dakota, to be used for public purposes and to enhance and facilitate the design and
gateway to the Children’s Museum; the real property being the location of the former
“Calhoon & Kratochvil Law Firm” and being described as follows: The West Twenty-five Feet
(W 25') of the South One Hundred Five Feet (S 105') of Lot Eight (8) in Block Two (2) of the
First Addition, City of Brookings, County of Brookings, State of South Dakota, and
WHEREAS, the City Council recognizes the significant benefits the community will enjoy as a
result of the gift of this real property by Mr. Larson,
NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council that the real property described
above is gratefully accepted by the City of Brookings, South Dakota.
Liquor Legislation. Bartley distributed a copy of the draft legislation the SD Municipal
League intends to introduce in the 2008 Legislative Session.
Executive Session (Closed Session). A motion was made by Thomson, seconded by Whaley,
to enter into executive session at 9:01 p.m. for personnel matters with the City Council, City
Attorney, City Clerk, and Human Resources Director present. All present voted yes; motion
carried. A motion was made by Thomson, seconded by Bezdichek, to exit executive session at
9:06 p.m. All present voted yes; motion carried.
Performance Pay. A motion was made by Bartley, seconded by Brunner, to approve
performance pay in the amount of five percent (5%) to Dennis Falken, City Manager, in
recognition of his performance in 2007. All present voted yes; motion carried.
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Adjourn. A motion was made by Thomson, seconded by Whaley, to adjourn. All present
voted yes; motion carried. Meeting adjourned at 9:06 p.m.
City of Brookings
Scott D. Munsterman, Mayor
ATTEST:
Shari Thornes, City Clerk
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70
Brookings City Council
January 8, 2008
(unapproved)
The Brookings City Council held a meeting on Tuesday, January 8, 2008 at 5:00 p.m., at City
Hall with the following members present: Mayor Scott Munsterman, Council Members Julie
Whaley, Mike Bartley, Ryan Brunner, Tim Reed, Ginger Thomson, and Tom Bezdichek. City
Manager Jeffrey Weldon, City Attorney Steve Britzman, and City Clerk Shari Thornes were also
present.
5:00 P.M. WORK SESSION. A BATA (Brookings Area Transportation Association) request for
supplemental funding was added to the work session.
SDSU Wellness Center. Doug Wermedahl, SDSU Assistant Vice President for Student Affairs at
SDSU, and Shari Landmark, Wellness Center Director, updated the City Council on the SDSU
Wellness Center construction project, estimating opening Fall 2008.
Park & Recreation Board’s recommendations on the “Red Rink” at the Larson Ice Center.
Jeffrey Weldon, City Manager, reported on the following recommendation from the Park and
Recreation Board to revise the City’s current policy for the Larson Ice Center to state all
animal events would be prohibited in the Larson Center Red Rink. “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.
Weldon noted that this has been a long standing request from the local hockey association
Brookings Ice Skating Association (BISA) and now from the Park and Recreation Board. He
requested the Council’s thoughts on this issue, which could be scheduled for further action at
a future meeting.
He cited the following options for Council consideration:
1) Let the current policy stand;
2) Adopt the Park and Recreation Board recommendations; or
3) Deny and defer this issue to staff and handle administratively.
Bartley asked if there have been any requests to use the facility for animal events in 2008.
Tom Richter, Swiftel Center Executive Director, said potentially in May with the SD Quarter
Horse Association. Submittal of bids for the 2011 Arabian Region 6 Show are not due until
2009. It was clarified that the Council previously approved additional expenditures needed to
provide for the 2008 Quarter Horse Show (i.e. tent rentals).
Bartley objected to the prohibition of “no animals” citing several examples of possible animal
shows and/or uses in that facility. He said he found it difficult to accept prohibition as a
premise when it’s a public facility. He agreed that ice is the priority for the facility;
however, when there’s no ice he felt it’s an administrative decision on how to use this city
facility. He cited other examples of city facilities being used for other uses during an off-
season. He requested this issue be placed on a future agenda for discussion and he prefers an
January 22, 2008 City Council Packet
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administrative review. He would love it if hockey could use the facility year-round if it finds
a plan that works and can pay for it. However, in the meantime he felt saying no to all
animals is a really broad swipe. He felt it should be a case-by-case review done
administratively and not by the Council. He cited with the 2009 Arabian bid, city staff would
work with the city manager who would review the projected ice needs of the facility and
possible economic impact of the event. He leans heavily towards a hands-off policy just like
all other properties in the city. The city manager makes those decisions and the Council
should be out of it.
Weldon said the Park and Recreation Board met last night and worked out an operating
agreement with BISA for a summer ice schedule that would begin in July 2008. The horse
events held in May and June would still work out. Ice is off in mid March.
Bartley noted the facility could be used for something else in the months of April, May and
June, but hopes the ice could be year-round at some point.
Whaley referred to the City Council packet memo that indicated a verbal report would be
given on that agreement at this meeting.
Marc Richards, Recreation Superintendent, reported that City staff met with BISA regarding
an extended ice season. The previous summer season was three weeks in July and the first
week in August and then starting again at the end of October ending in March. Richards
reported that an agreement has been reached to have a summer ice season starting July 1st
through the end of March. The additional four weeks of ice and all expenses will be covered
by BISA. This is a one year operating agreement.
Weldon noted that the Council will be provided with a copy of the agreement.
Thomson asked how much it costs to have ice for a month. Richards said $80/hour under the
current operating situation with all expenses based on days of use.
Whaley said she was at the December 3, 2007 Park and Recreation Board meeting when this
recommendation was made and read the recommendation from the packet. She referred to
the original Council adopted policy from September 23, 2003, and said she felt that what was
recommended in 2003 and what is being recommended now is consistent, which is to not have
animals. She further noted that the 2003 motion cites long term site plan and read the
following motion from 2003.
“Larson Ice Center – Policy Recommendation. A motion was made by Munsterman,
seconded by Bezdichek, to approve a policy with the following amendments: 1) Use
of the Larson Ice Center red rink would be via the City Council approval on a case-by-
case basis; 2) The policy clearly define who is responsible for clean-up of the Larson
Ice Center and at what condition would be required. 3) Regarding the Swiftel Center
usage, the City Council commit themselves to finishing a long term site plan for that
area taking into consideration the scope of the Swiftel Center.
A motion was made by McClemans, seconded by Bozied, to amend the main motion to
state the Larson Ice Center red rink be not used for animals at all. All present voted
yes except Bezdichek, Reed, Roden, and Whaley; motion failed to amend.
January 22, 2008 City Council Packet
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A motion was made by Roden, seconded by Bezdichek, to amend the main motion to
address the three points individually. All present voted yes; except Munsterman,
Reed, and Bozied; motion carried to amend.
Main motion 1) Use of the Larson Ice Center red rink would be via the City Council
approval on a case-by-case basis. A motion was made by McClemans, seconded by
Reed, to amend the main motion to state the Larson Ice Center be available 3 times
2005, 2006 and 2007 for the Arabian Horse Show, if no other suitable building is
available. All voted yes; motion carried to amend. On the main motion as amended,
use of the Larson Ice Center red rink would be via City Council approval for three
times in 2005, 2006, and 2007 for the Arabian Horse Show, if no other suitable
building is available. All present voted yes; motion carried.
Main Motion 2) The policy clearly define who is responsible for clean-up of the Larson
Ice Center and at what condition would be required. All present voted yes; motion
carried.
Main Motion 3) Regarding the Swiftel Center usage, the City Council commit
themselves to finishing a long term site plan for that area taking into consideration
the scope of the Swiftel Center. All present voted yes; motion carried.”
Brunner compared the Ice Arena to other city facilities that are used solely for their primary
uses. He hopes that BISA could use the Center for year-round ice and agreed with Whaley on
getting a long term site plan completed. He also agreed with the Park Board’s
recommendation for a policy of no animals in the red rink. He noted that private funding
and private individuals stressed when they donated for this project that they wanted an ice
arena and he feels it’s important to honor those donors and that original intent. He said the
SDSU Wellness Center has established an oversight committee to make sure the original intent
of the facility was followed and maybe something like that should have been set up for the
ice arena.
Munsterman said the City already has a policy established and agreed with Bartley that it was
probably time to turn this over to staff and allow them to work with the policy on the books
and meet with people to see what could be worked out. Noting that policy direction was
need, the City Manager could come back to the City Council. Weldon clarified that this
would mean that the city manager would handle the administration and these issues would no
longer be on a case-by-case basis with the Council. Munsterman said yes, but the City
Manager should talk to the Council about any major deviations.
Reed asked if following the current policy meant only allowing animals on an exception basis
and the Council makes that decision. Yes, the no animal policy would stand and the city
manager would only bring exceptions to the Council for consideration when appropriate.
Bartley recommended that policy be changed at some point to give the city manager approval
authority for those exceptions rather than Council. He urged the Council to be specific in
their directives. He questioned if they mean no animals in the arena or do they just mean
horses. If it’s just horses, then he urged them to state that. However, he didn’t feel a
complete moratorium on all animals was reasonable to the tax payers for this facility. He
recommended further discussion at a future meeting and didn’t feel the issue would be
resolved completely.
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73
Munsterman agreed with Bartley that there should be a good discussion on both issues
separately.
Whaley noted that the previous council action on the policy was a unanimous vote of all seven
members.
ACTION: A motion was made by Bartley, seconded by Thomson, to direct the city manager
and city attorney to draft Larson Ice Center policy options for various scenarios for council
review and possible action at the February 12th work session. All present voted yes; motion
carried.
Discussion regarding the City’s Research & Technology Center rental rates.
City Manager Weldon received a response from a tenant following the Council’s action of
December 11th adjusting the rental rates for the Center adjusting year 6 from $8.75 to $10
with consumer price index (CPI) escalator. Weldon said the tenant submitted additional
information making a case for hardship due to the timing of rent. Their current lease expires
January 31, 2008. In light of that new information, he felt the Council should be made aware
in case any type of reconsideration of that issue was desired.
Munsterman asked the City Engineer when she first initiated contact with those tenants
regarding the proposed rental rate changes. He noted that the Council postponed action for
a tenant and no one attended the meetings. Jackie Lanning, City Engineer said the first time
was June or July 2007 with additional discussion in the fall. The Council tabled action on
November 27th to December 11th. She further noted a question from another tenant
(BioGenetics) and it was determined that their lease wasn’t up for renewal until 2009 and
their rate remains at $8.75 until then.
She also received a request from a tenant that the Council revisit old minutes from the
former Agri-Plex Board that oversaw that facility and originally solicited those businesses.
Munsterman asked if more time for the tenant was the issue. Weldon said yes, that the
council could consider a six month extension.
ACTION: A motion was made by Brunner, seconded by Whaley, to provide a six month
extension for Syngenta Seeds. All present voted yes; motion carried.
Staff requested clarification on the rate structure. The Council clarified that the Research
and Technology Center’s lease rates to market rate with base at $10.00 and establish three
year lease with increases annually tied to consumer price index each year of the lease with a
market evaluation done at the end of the 3-year lease and allowing to terminate annually
during the term of the 3-year lease.
Creation of Complete Count Committee for Census. Council Member Reed requested
discussion of this item at a February meeting, noting that a committee needs to be formed by
mid-year in time to provide a budget line.
Legislative Updates. This will be a standing item on the agenda throughout the Legislative
Session.
January 22, 2008 City Council Packet
74
Bezdichek announced that the Vision Brookings group hired Arne Brown as a lobbyist for
Brookings’ issues.
6:00 p.m. Meeting Review. City Manager Weldon noted change to the 6:00 p.m. meeting
and responded to questions.
BATA Supplemental Funding Request. Weldon reported that BATA representatives have
expressed concern about the level of funding for transportation. The taxi service is no longer
available and BATA is interested in expanding to provide this service. Weldon said the City
approved $80,000 for fiscal year 2008 for the following transportation needs: BATA at
$25,000; $5,000 SDSU Safe Ride Program; and $50,000 for taxi which no longer exists. He
noted that the City recently approved the creation of a Transportation Board to develop a
work plan for the use of those funds, which will be up and running in February. BATA is
receiving additional Federal matching funds. The city’s plan was to distribute the $25,000 to
BATA and let the rest of the fund sit until the Board has the opportunity to review and
recommend. Since he received this request for an additional appropriation to expand
services right away, he felt it appropriate to share with Council for discussion and direction.
Is there a desire to maintain a level of service during the interim to a comprehensive plan?
Weldon said he could give the $25,000 and additional funds but doesn’t want to undermine
the new Board. BATA is in a funding timing issue where expansion of services is desired while
expanding Federal matching funds.
Thomson asked for clarification if BATA is asking for more than the budgeted $25,000. Yes,
they originally asked for $50,000.
Bartley expressed concern about giving funds to an organization that hasn’t submitted a
business plan. He recommended that BATA come to a meeting with an emergency request in
writing for council review and action.
Munsterman recommended that the City Manager draft an interim plan to address services
until the Board can review and make recommendations and bring that plan back to the
Council as soon as possible.
Bezdichek noted similarities to the recent airport service funding request. Bartley noted
that a formal plan was presented in that case.
ACTION: A motion was made by Thomson, seconded by Reed, to direct the City Manager to
pull together an interim transportation plan for council review and action. All present voted
yes; motion carried.
6:00 P.M. CITY COUNCIL MEETING. Mayor Munsterman noted the addition of Resolution
No. 07-08, A Resolution Authorizing The Transfer Of Real Property To Brookings Economic
Development Corporation, Inc. For Economic Development Purposes, and changing the agenda
order as follows: #11-Executive Session for legal/contractual issues, #12–Resolution No. 06-
08, #13-Item Resolution No. 07-08, #14- Executive Session for pricing/marketing and
legal/contractual issues.
Consent Agenda: A motion was made by Reed, seconded by Whaley, to approve the consent agenda
which included:
January 22, 2008 City Council Packet
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A. Agenda, as amended.
B. Action on Resolution No. 01-08, CCO #1 (Final) for 2007-08STI Street Maintenance
and Overlay 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.
C. Action on Resolution No. 02-08, declaring a 1999 Elgin Pelican sweeper as surplus
property.
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.
D. Action on Resolution No. 03-08, CCO#1 (Final) for AIP #3-46-0005-019-06 Runway
12/30 Rehabilitation Brookings Regional Airport.
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.
E. Action on Resolution No. 04-08, Resolution Setting Certain Lease Rates at
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
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76
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.
F. Action on Resolution No. 05-08, Resolution setting up a road district in River Ridge
Addition.
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.
On the motion, all present voted yes; motion carried.
1st Reading – Ordinance No. 02-08 – Budget Amendment. First reading was held on
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. Public Hearing: January 22, 2008
1st Reading – Ordinance No. 03-08 – Rezone. First reading was held on 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.
1st Reading – Ordinance No. 04-08 – Zoning Ordinance. First reading was held on 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.
Preliminary Plat. A motion was made by Whaley, seconded by Bartley, to approve a
preliminary plat of Moriarty Heights Addition in the NW ¼ of Section 2-T109N-R50W. All
present voted yes; motion carried.
Executive Session. A motion was made by Brunner, seconded by Whaley, to enter into
Executive Session at 6:15 p.m. for legal/contractual matters with the City Council, City
Attorney, City Manager, BEDC Representatives Al Heuton and Mike Struck, and City Clerk
present. All present voted yes; motion carried. A motion was made by Reed, seconded by
Thomson, to exit Executive Session at 6:43 p.m. All present voted yes; motion carried.
January 22, 2008 City Council Packet
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Resolution No. 06-08 – Real Property Transfer. A motion was made by Whaley, seconded by
Reed, to approve Resolution No. 06-08, A Resolution Authorizing the Transfer of Real Property
to Brookings Economic Development Corporation, Inc. for Economic Development Purposes.
All present voted yes; motion carried.
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.
Resolution No. 07-08 – Real Property Transfer. A motion was made by Thomson, seconded
by Reed, to approve Resolution No. 07-08, A Resolution Authorizing the Transfer of Real
Property to Brookings Economic Development Corporation, Inc. for Economic Development
Purposes. All present voted yes; motion carried.
Resolution No. 07-08
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:
A. Purchase up to 30 acres of real property located in Wiese Addition to the City of
Brookings, South Dakota, for the price of zero dollars & no cents.
January 22, 2008 City Council Packet
78
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; and
NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Brookings, South
Dakota, as follows:
That the City convey title to, and hold, the above-described property to the Brookings
Economic Development Corporation, Inc. for the purposes of furthering economic growth and
development of the City of Brookings, South Dakota; and
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.
Executive Session. A motion was made by Brunner, seconded by Reed, to enter into
Executive Session at 6:45 p.m. to discuss marketing and pricing strategies with the City
Council, City Attorney, City Manager, Brookings Municipal Utilities representatives Steve
Meyer and Laura Julius, and City Clerk present. All present voted yes; motion carried. A
motion was made by Bartley, seconded by Whaley, to exit Executive Session at 8:04 p.m. All
present voted yes; motion carried.
Adjourn. A motion was made by Thomson, seconded by Reed, to adjourn. All present voted
yes; motion carried. Meeting adjourned at 8:04 p.m.
City of Brookings
Scott D. Munsterman, Mayor
ATTEST:
Shari Thornes, City Clerk
January 22, 2008 City Council Packet
79
CONSENT AGENDA #4
4C. Action to approve Resolution No. 10-08, amending I-1R Site Plan on Lots 3B
and 4 of Block 2, Insbrook Park Addition (Quality Tool).
I-1R SITE PLAN (amended)
Applicant: BOPM (Quality Tool)
Proposal: Expand an industrial operation
Background: The Medco Company developed this property in 1983. The original I-1R
site plan was approved with a variance to build 45 feet from the north lot line.
Quality Tool, Inc. became the owner of the property in approximately 1991. An I-1R
site plan was approved in 1996 for a building expansion project and other changes.
The City granted four variances that are contained in Resolution 1996 (enclosed).
Specifics: An attached checklist details the general requirements of the I-1R District
as they pertain to this proposal. Please note that two building setback variances are
requested. The addition would be closer to the north side lot line and rear lot line
than allowed by ordinance. Even though the proposed building is in-line with the
north side of the existing building, a revised site plan requires approval.
Planning Commission Recommendation: The Planning Commission voted 8 yes and 0 no
to recommend approval of this amended I-1R Site Plan with the variances as
presented.
January 22, 2008 City Council Packet
80
RESOLUTION NO. 10-08
I-1R SITE PLAN
WHEREAS, BOPM (Quality Tool) is proposing a major expansion of their
manufacturing facility in the Industrial I-1R District, and
WHEREAS, the site plan presented will require the following variances:
1. Establish a lot coverage of 29% for buildings on this parcel. Twenty-five
percent (25%) is the maximum allowed.
2. Build 36 feet form the rear lot line. A 50 foot rearyard setback is required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brookings,
South Dakota to approve the I-1R Site Plan on Lot 3B and all of Lot 4, Block 2,
Insbrook Park Addition.
Passed and approved this 22nd day of January, 2008.
CITY OF BROOKINGS
_____________________
Mayor
ATTEST:
_______________________
City Clerk
January 22, 2008 City Council Packet
81
Planning Commission
Brookings, South Dakota
January 8, 2008
OFFICIAL MINUTES
Vice-chairperson Greg Fargen called the regular meeting of the City Planning
Commission to order on January 8, 2008 at 7:00 PM in the Auxiliary Room at City Hall.
Members present were David Kurtz, Larry Fjeldos, Stacey Howlett, Mike Cameron,
Curt Ness, Al Gregg, Al Heuton, and Fargen. John Gustafson was absent. Others
present were Gary and Kim Winterfeld, Chuck and Mary Lou Betty, Dick Fergen, Doris
Roden, Mike Kabris, Kip Pharis, City Engineer Jackie Lanning, Planning Administrator
Dan Hanson, and others.
Item #8 – Quality Tool has submitted an application for approval of an I-1R Site Plan on
Lot 3B and all of Lot 4, Block 2, Insbrook Park Addition.
(Cameron/Heuton) Motion to approve the I-1R Site Plan. All present voted aye.
MOTION CARRIED.
SUMMARY OF DISCUSSION
Item #8 – Mike Kabris, Chief Operations Officer of Quality Tool, stated that two
variances to the I-1R site plan regulations were proposed with their expansion. The
new addition would result in 4% more lot coverage than allowed, and the addition
would be closer to the east lot line. He added that they had ample parking on the lot
for their employees.
Cameron did not feel the variances were an issue. However, he questioned if
the detention pond was adequate to handle the expansion. Lanning responded that
new stormwater data would be required during the building permit application
process.
January 22, 2008 City Council Packet
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CONSENT AGENDA #4
4D. Action on appointments to the Brookings Transportation Board.
On December 11, 2007, the Brookings City Council approved Resolution No. 90-07,
the enabling resolution to create the new Brookings Transportation Board.
Pursuant to that resolution, the Council will not take action to appoint the
following citizens to the Board for one, two and three year terms.
Members:
1) Jeff Weldon City of Brookings 3 years
2) Dennis Falken County of Brookings 3 years
3) Rob Jones Brookings Health Systems 3 years
4) Kurt Cogswell Brookings Committee for People who have Disabilities – 3 years
5) Roger DeGroot Brookings Public School System 2 years
6) Michael Forgy East Central Mental Health 2 years
7) Robb Rasmussen Downtown Brookings Inc. 2 years
8) Dean Kattelmann SDSU Administration 2 years
9) Sam Nelson SDSU Student Association 1 year
10) Jerry Raabe SD Dept. of Vocational Rehabilitation 1 year
11) Terrell Spence ADVANCE 1 year
12) Art Conners Senior Activity Center 1 year
13) Teresa McKnight Citizen-at-large 1 year
January 22, 2008 City Council Packet
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RESOLUTION NO. 90-07
A RESOLUTION CREATING THE BROOKINGS TRANSPORTATION BOARD
FOR THE CITY OF BROOKINGS
WHEREAS, in order to identify opportunities for improved transportation
efficiency as measured by increased levels of service or decreased cost, especially
through coordination among transportation providers in Brookings, and further to
provide oversight and evaluation of the success of coordinated transportation efforts,
and to provide advice and information to other organizations on a regular or as
needed-basis, the City of Brookings hereby creates a Brookings Transportation Board,
NOW THEREFORE,
BE IT RESOLVED by the City Council of the City of Brookings, South Dakota, as
follows:
Brookings Transportation Board
Section 1. Creation/Name. There is hereby created a transportation board for
the City of Brookings. The transportation board will be referred to as the Brookings
Transportation Board.
Section 2. Purpose/Mandate. The purpose of the Brookings Transportation
Board is to identify opportunities for improved efficiency as measured by increased
levels of service or decreased cost, especially through coordination among
transportation providers in Brookings. The Brookings Transportation Board shall
provide oversight and evaluation of the success of coordinated transportation efforts
as well as provide advice and information to other organizations on a regular or as
needed-basis.
Section 3. Manner of appointment, composition, terms.
a. Members of the Brookings Transportation Board shall be appointed by the
Mayor, with the advice and consent of the City Council, for three-year terms
that commence in January. Members may be appointed for additional terms not
exceeding three years each. The initial terms of office shall be staggered in 1,
2 and 3 year increments.
b. The Brookings Transportation Board shall consist of thirteen (13) members, who
shall be appointed with due regard to representation from the following areas:
1. City of Brookings
2. County of Brookings
3. Brookings Health Systems
4. Brookings Committee for People who have Disabilities
5. Brookings Public School System
6. East Central Mental Health
7. Downtown Brookings Inc.
8. South Dakota State University Administration
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9. South Dakota State University Student Association
10. South Dakota Department of Vocational Rehabilitation
11. ADVANCE
12. Senior Activity Center
13. Citizen-At-Large
c. Ex-officio, non-voting members shall be appointed to serve on the Brookings
Transportation Board from the following areas: City (City Engineer, ADA
Coordinator), all transportation service providers.
Section 4. Qualifications of members. The members of the Brookings Transportation
Board shall not hold any elective office in city government.
Section 5. Vacancies. Any vacancy in the membership of the Brookings
Transportation Board shall be filled for the unexpired term in the same manner as
provided for appointment.
Section 6. Meetings; chairman. The Brookings Transportation Board shall regularly
hold meetings at such times and places as it shall determine. It shall select a chair
from its members, and such other officers as it deems appropriate, to serve for a
term of one year.
Section 7. Quorum. A majority of the members of the Brookings Transportation
Board shall constitute a quorum for the transaction of its business.
Section 8. Duties; powers. The Brookings Transportation Board shall have the
following powers and duties:
(a) Advise the City Council, City Manager and staff concerning transportation
matters with the city of Brookings and surrounding area.
(c) Advise the City Council, City Manager and staff concerning the city’s public
transportation budgetary needs and uses; review policies and operations of
public transit providers who receive public funds; and suggest changes to
policies and operations of public transit providers to reflect needs of the
community.
(c) Facilitate coordination of public transit providers.
Passed and approved on the 11th day of December, 2007.
CITY OF BROOKINGS
ATTEST:
Scott D. Munsterman, Mayor
Shari L. Thornes, City Clerk
January 22, 2008 City Council Packet
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CONSENT AGENDA #4
4E. Action to approve Resolution No. 08-08, Directing Preparation Of
Assessment Roll, Dividing Assessments Into Installments, And Providing For
The Collection Thereof For Sidewalk Assessment, Project 2007-01SWR
(2007 Sidewalk Repairs).
The 2007-01SWR Sidewalk and Curb & Gutter repair project was a project to
replace landowner sidewalks causing trip hazards. The project was completed
in 2007 and the final change order was approved. The City Engineer is
proceeding with the assessment process to bill the property owners for their
sidewalk construction costs. The assessment cost is for each landowner is
calculated by using their specific sidewalk cost plus the 6% engineering and
administration fee. Resolution 50-07 authorized the sidewalk assessment
project. This resolution directs the preparation of the assessment roll and
outlines the actual total cost of the sidewalk repairs completed in the 2007-
01SWR project. There will be two future resolutions; one to set the hearing
date and one to levy the sidewalk assessment. This resolution directs us to
calculate the actual cost of the sidewalk repairs for each property owner.
January 22, 2008 City Council Packet
93
Resolution No. 08-08
Resolution Directing Preparation Of Assessment Roll, Dividing Assessments Into
Installments, And Providing For The Collection Thereof For Sidewalk Assessment, Project
2007-01SWR (2007 Sidewalk Repairs).
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 Resolution 50-
07, a Resolution Determining the Necessity of Repairing or Installing Sidewalks for Sidewalk
Assessment Project No. 2007-01SWR. 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 Sidewalk Assessment Project No. 2007-01SWR 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 $13,345.84
Engineering, inspection, fiscal,
legal expense, publication 390.86
Total Expense $13,736.70
4. The total cost of said improvement shall be paid as follows:
City Repair Costs $ 6,440.59
Assessable costs $ 6,905.25
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 sidewalk constituting said improvement.
6. The assessment shall be divided into five (5) equal annual installments for all amounts
over $300.00. For amounts of $300.00 or less, the entire assessment shall be due.
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 22nd day of January 2008.
CITY OF BROOKINGS
Scott D. Munsterman, Mayor
ATTEST:
Shari Thornes, City Clerk
January 22, 2008 City Council Packet
94
CONSENT AGENDA #4
4F. Action to approve Resolution No. 09-08, Directing Preparation Of
Assessment Roll, Dividing Assessments Into Installments, And Providing For
The Collection Thereof For Street Assessment, Project 2007-07STA.
The 2007-07STA Street Assessment Project was a project to pave the alley from
8th Avenue to 9th Avenue between 4th Street and 5th Street. The project was
completed in 2007 and the final change order was approved. The City Engineer
is proceeding with the assessment process to bill the property owners for their
alley construction costs. The assessment cost per front foot is calculated as
follows: the total project cost plus 6% engineering and administration fee is
divided by the total number of front feet, which gives the resulting per front
assessment cost. Resolution 33-07 authorized the construction of this alley,
with the estimated front foot cost of $34.00 as well as stipulating that the
assessment can be paid over a five year period at 10% interest. The actual
assessed front foot cost for this alley will be $27.29, which is the actual
construction costs plus the 6% engineering and administration fee. This
resolution directs the preparation of the assessment roll and outlines the actual
total cost of the alley repairs completed in the 2007-07STA project. There will
be two future resolutions; one to set the hearing date and one to levy the alley
assessment. This resolution directs the City to calculate the actual cost of the
alley repairs for each property owner.
January 22, 2008 City Council Packet
95
RESOLUTION NO. 09-08
RESOLUTION DIRECTING PREPARATION OF ASSESSMENT ROLL, DIVIDING ASSESSMENTS INTO
INSTALLMENTS, AND PROVIDING FOR THE COLLECTION THEREOF FOR STREET ASSESSMENT
PROJECT 2007-07STA
(Alley from 8th Ave. to 9th Ave. between 4th St. and 5th St.)
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 33-
07, Resolution of Necessity for Street Assessment Project No. 2007-07STA. 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. 2007-07STA 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 $18,019.42
Engineering, inspection, fiscal,
legal expense and publication 1,083.58
$19,103.00
4. The total cost of said improvement shall be paid as follows:
Assessable costs $19,103.00
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 22nd day of January 2008.
CITY OF BROOKINGS
___________________________________
Scott Munsterman, Mayor
ATTEST:
______________________________
Shari Thornes, City Clerk
January 22, 2008 City Council Packet
96
PRESENTATIONS/REPORTS/SPECIAL REQUESTS:
5. Presentation to the Dr. Martin Luther King Day Contest Winners.
The Mayor and Human Rights Committee members will present the awards to this
year’s winners listed below. The posters will be on display at the City Council
meeting and can also be seen on the City’s website – www.cityofbrookings.org .
Dr. Martin Luther King Poster, Essay & Visual Art Contest Winners
In celebration of Dr. King’s birthday, the Brookings Human Rights Committee
sponsored a poster contest for elementary students, an essay and poster contest for
middle school and an essay contest for high school grades to help students reflect on
Dr. King’s ideas and their impact on the community. This year’s theme was “A view
from the mountaintop.”
Mayor Scott D. Munsterman will present awards for the winning entries on Tuesday,
January 22, 2008, at 6:00 p.m. during the City Council meeting. Students will receive
cash prizes and certificates. All of the entries will be displayed on a rotating basis at
the Brookings Public Library commencing January 16th until January 31st, 2008.
Winning posters and essays can also be seen on the city's website -
www.cityofbrookings.org.
Grades K-1 - Poster Sophia Lim – 1st Place - $25.00
Central Elementary – 1st Grade
Teacher – Ms. Kerlin
Parents – Sunho Lim and Sujim Park
Dani Buschenfeld – 2nd Place - $10.00
Medary Elementary – 1st Grade
Teacher – Mrs. Lockwood
Parents – Mike and Lisa Buschenfeld
Carolyn Hieb – 3rd Place - $5.00
Medary Elementary – 1st Grade
Teacher – Mrs. Larson
Parents – Jeff and Nancy Hieb
Grades 2-3 - Poster Elizabeth Syhre – 1st Place - $25.00
Hillcrest Elementary – 3rd Grade
Teacher – Mr. Diercks
Parents – Dawn and Troy Syhre
Rachel Smart – 2nd Place - $10.00
Medary Elementary – 2nd Grade
Teacher – Mrs. Hausman
Parents – Alexander and Diane Smart
January 22, 2008 City Council Packet
97
Jackie Maxwell – 3rd Place - $5.00
Medary Elementary – 2nd Grade
Teacher – Mrs. Neiles
Parents – Yolanda Maxwell
Grades 4-5 - Poster Kali Nordbye – 1st Place - $25.00
Central Elementary – 5th Grade
Teacher – Mrs. Weier
Parents – Hartley and Laura Nordbye
Gerald Maxwell – 2nd Place - $10.00
Medary Elementary – 4th Grade
Teacher – Mrs. Turnipseed
Parents – Yolanda Maxwell
Abbey Kephart – 3rd Place - $5.00
Central Elementary – 5th Grade
Teacher – Mrs. Balsiger
Parents – Kevin and Lucy Kephart
Middle School – Essay Morgan Minnicks – 1st Place - $100.00
Middle School – 7th Grade
Teacher – Mrs. Bare
Parents – Chad and Tracey Deatherage
Yossry Mohamed– 2nd Place - $50.00
Middle School – 7th Grade
Teacher – Mrs. Bare
Parents – Karie Mohamed
Damon Bayer – 3rd Place - $25.00
Middle School – 7th Grade
Teacher – Mrs. Bare
Parents – Steve and Shelly Bayer
High School – Essay Alyssa Johnson – 1st Place - $100.00
High School – Senior
Teacher –
Parents – Marty and Teri Johnson
Shelon Surat – 2nd Place - $50.00
High School – Senior
Teacher – Mr. Miller
Parents – Trusty and Donna Surat
Chelsey Dunkle – 3rd Place - $25.00
High School – Senior
Teacher – Mrs. Ekeland
Parents – Peter and Amy Dunkle
January 22, 2008 City Council Packet
98
Middle School Essay Winner – 1st Place
Morgan Minnicks
I’ve been pondering over what I should write for a while now, and what keeps popping
back into my head is the fact that Martin Luther King Jr. really went to the
mountaintop. He overcame obstacles that most people would have complained over.
He exclaimed in his speech, “I’ve been to the Mountaintop”, that he was once
stabbed by a determined “black” woman in the chest and if he would have sneezed
he would have bled to death. Can you believe it? A woman that he was trying so hard
to get rights for and to get all kinds of opportunities for stabbed him! Would that
make you want to quit? I think it would make me want to quit. Even that still didn’t
stop him; he still went on making speeches and leading marches. Martin was
threatened by so many people he stated in his speech “I’ve been to the Mountaintop”
that it took over an hour to get the place that he was going to be a passenger on, to
get off the ground. They had to go through and check all the baggage and passengers
to make sure that the perimeter was safe for Martin. He didn’t let that stop him
either. He wasn’t going to let anyone stop him from getting to his mountaintop. I
believe it was for all “black’ people to be treated with as much respect as “whites”
are treated as. I interpret from his speeches it was that “whites” and “blacks” to bet
treated as equals and to let both races have the same amount of opportunities. I
know that he also believed “blacks” and “whites” deserve the same basic human
rights. Also, that there wouldn’t be people being terrorized in their homes and being
sprayed by water hoses or chased by dogs; I think if he were living today, Martin
would look down from his mountaintop and say, “It’s about time.” He would say this
because now “whites” and “blacks” can live on the same street and they can use the
same water fountains. They can do this without being chased by dogs and sprayed by
high-powered water hoses. There have even been times where “whites” have
married “blacks”. If that’s not living in harmony, I don’t think I know what is. It
doesn’t mean that we are perfect, because we are far from it. There are people
today who still are racists. There are people, still alive today who think that “blacks”
shouldn’t have the same rights as “whites”. Those people are what we call
“prejudice”. They don’t want things to change. I know some people like that and I
don’t understand it. I mean, “blacks” are the same as “whites” except their skin is a
little bit darker. “Blacks” have feelings, lives, families and friends just like “whites”
do. Does that mean we should put them down, treat them horribly, and insult them,
over a skin color? It’s ridiculous. You may be wondering why I put quotations around
“blacks” and “whites”, it is because the words black and white belong to crayons and
colored pencils, not to people. This is what I interpreted from his speech, “I’ve been
to the mountaintop”.
January 22, 2008 City Council Packet
99
Middle School Essay Winner – 2nd Place
Yossry Mohamed
.
Brookings, South Dakota needs to remember that Martin Luther King Day is not
just another day off from work and school but to remember that Martin Luther King
fought for the rights of a percent of our community. At the end of his speech, “I’ve
Been to the Mountain Top”, he states “Well, I don’t know what will happen now.
We’ve got some difficult days ahead, but it doesn’t matter with me now. Because I’ve
been to the mountain top.” What he is saying there is that he has seen the Promised
Land. He may not get there with you, but he wants you to know that as people we’ll
get to the Promised Land.
We have a lot of different freedoms in Brookings because of Martin Luther. We
have jobs that will gladly give employment to an African American and feel
comfortable about it. At the middle school we don’t have a drinking fountain for the
colored but we have a drinking fountain for everyone no matter what color you are.
The teachers treat you the same. Everyone is in the same classroom. Mr.King has done
everything in his power to stop the racism, and all we do to show respect is think it’s
another day off. His house was bombed and he still didn’t give up. He kept on fighting
for our rights.
The councilors help students in times of need,and I think that they are
somewhat like Mr.King when he helped free the blacks and tried to get the blacks and
the whites to put aside their difference’s and work as one. Once Martin gave the
speech, I have a dream, most of the white’s hearts broke. Their hearts broke because
they realized what they had done to the blacks was wrong and they felt sorry.
In Brookings middle school the white and the black students are in the same
building. When Mr.king was fighting the blacks and the whites had different buildings
and whites had newer books than blacks. The black school was smaller than the
whites. The whites were always right and the blacks were wrong.
When people hear about what happened to the blacks, they would feel sorry
and wish it would have never been. There are some people that still regret letting the
blacks have freedom.
When the blacks were in the fight for their rights, the blacks had to give up
there seat for the white and move to the back of the bus. Rosa Parks was tired after
work so she rode the bus. When a white man wanted to sit down, she didn’t give up
her seat. When Mr.King heard about what Rosa Park had done, he was an inspiration
to her.
Even though he has past away, we still celebrate and remember him. His work
is still in progress even today. He should still be in our memories. So remember him
and what he has done for the blacks and the whites on this holiday.
January 22, 2008 City Council Packet
100
Middle School Essay Winner – 3rd Place
Damon Bayer
“I just want to do God's will. And He's allowed me to go up to the mountain.
And I've looked over. And I've seen the Promised Land.” -Dr. Martin Luther King Jr.
Dr. King has been to the mountaintop and he has looked over and he has seen
me. He has seen me without racist thoughts and without discrimination. I am visible
from Martin Luther King Jr.’s mountaintop.
I have a younger brother at the age five who enjoys making noise, playing
games, and annoying me with his constant need for attention. Another fact about him
that matters not except in this writing is he has a darker skin color than the rest of
my family. I never notice this until it is mentioned and even then my response is
never negative about him. I often end up walking away wondering why the particular
person I was speaking to felt it necessary to call attention to his skin color. There are
other places where I can be seen from the mountaintop. Until recently I resided in Las
Vegas, Nevada - one of the world’s fastest growing cities and rich in diversity. There I
saw, met, and made friends with people of all colors and all backgrounds. This is also
where I adopted my previously mentioned brother. It was here that my current
perspective on racism was set. After spending much of my time in a Samoan friend of
mine’s home and seeing their culture compared to my own and that of my other
friend’s I realized that none of these culture traits were wrong or right, but only
different. Embracing our differences is what would make Dr. King’s view from the
mountaintop complete.
This is what Dr. King sees when he looks over the mountaintop from the
Promised Land. He can see me from the mountaintop, and he is overjoyed. How does
he see you?
January 22, 2008 City Council Packet
101
High School Essay Winner – 1st Place
Alyssa Johnson
“Only when it is dark enough, can you see the stars.” Martin Luther King, Jr.
was a phenomenal man whose wisdom spoke to millions upon millions of Americans all
over this country. His notorious speech, “View from the Mountaintop” encouraged,
inspired, and motivated thousands of citizens, all coming to the realization our nation
was indeed sick and unfortunately has not fully recovered. Racism, discrimination,
and prejudice are problems the United States of American and every other country in
the world have had to deal with and face throughout history. Doctor King felt
privileged to be alive in a period where fairness and equality for all did not exist.
That remarkable man thanked God for letting him witness the despicable acts
displayed in Memphis, Jackson, and other cities all over the country, so that he could
bring hope to those not treated fairly, and wisdom to those not given equal
opportunities. King stated if he had the option to live in any time period, he would
fly past Egypt, the Renaissance, the Roman Empire, Martin Luther, and Abraham
Lincoln signing the Emancipation Proclamation, only to arrive right where he lived in
the twentieth century. Looking back in history, men and women of all colors were
forced to deal with difficult situations and difficult decisions and many, if given the
opportunity, would probably have liked to take an easy way out and escape from the
generation entirely, but not Martin Luther King, and thank God for that. His courage
and determination helped save our nation and brought us one step closer to where we
are today. In his speech King mentioned, “We’ve got some difficult days ahead” and
indeed they did, but what was incredible was that he was happy for that day. He’d
seen the mountaintop and knew eventually everyone would make it to the promise
land. If all people living had that very same attitude in life, how different would this
nation be? Struggling situations are inevitable, but MLK took life on with an
unbelievable attitude, knowing the sun would shine eventually. King demonstrated
life lessons valuable to anyone. Escaping problems in society is impossible, we still
today deal with racism and discrimination, but King took a different outlook on times
of darkness; ‘But I know, somehow, that only when it is dark enough, can you see the
stars.” Everyone should take something out of Martin Luther King’s speech, for he
had been to the mountaintop, seen the promise land, knew of a brighter tomorrow,
and loved the day he was living.
January 22, 2008 City Council Packet
102
High School Essay Winner – 2nd Place
Shelon Surat
Martin Luther King Jr. delivered his “A view on the mountain top” speech on
April 3, 1988. The words he used were beautiful, filled with hope and encouragement.
What did people do with these words? Most let the words sink in, breathing them into
their tired bodies, feeling joy. Others despised the words, throwing them back at the
man who gave them such disgraceful things.
Society revolves itself around words. Words cry, words dance, words lie- each
different word expresses something new. The worst thing words can do is hurt.
Discrimination against blacks, against Jews, all derived from simple words. Liesel
Meminger from The Book Thief describes how words destroy people; including her
friend Max, a Jew living in her basement during the Nazi Era. Liesel loved books, but
she soon grew to hate the words; words which Hitler used to turn the Germans against
the Jews. Those same words turned blacks into slaves. Words are a powerful thing and
the wrong words put into the wrong hands can result into something uncontrollable.
Hitler noticed how powerful words were and he used them to destroy people. Without
words segregation becomes nothing.
History shows the background behind where the first humans derived from. It
was none other than Africa, herself. Being so close to the equator, scientists predict
the first human beings to have a rather dark complexion. Only when they moved
further north did they become lighter pigmented, due to disease that evaded people
with darker skin tones. These first humans evolved to escape the deathly toll of a
lethal disease. So how is it possible for us to discriminate against our own ancestors?
Just because some person tells us to? Look among ourselves, red heads, short people,
tall people-they are all among us. Why do we discriminate against African Americans
when we look past others who stick out? Who tells us that they are socially
acceptable?
Segregation started only with a single sentence of hateful words that was
repeated over and over again until the nation knew the sentence by heart. So how do
we stop it? As a nation, we strive to deliver words of hope and encouragement to stop
racism until the entire world knows it. Martin Luther King Jr. began this sentence, so
why don’t we finish it.
January 22, 2008 City Council Packet
103
High School Essay Winner – 3rd Place
Chelsey Dunkle
Like Martin Luther King Jr. mentions in his “I’ve Been to the Mountaintop”
speech, I also think that America, and the world, has a long way to go till everyone is
living in harmony with each other. Many in the United States feel that there is no
longer discrimination or prejudice against Africa Americans. But that is not the case.
Not only African Americans, but also other minority groups, are still being treated
unfairly.
In many areas in the United States, people are judged on their race or religion
in everyday activities. Jobs are not given. Salaries are not equal. And living
circumstances are unfair. There have been numerous examples of an African
American and a Caucasian having the same education, the same background, yet the
African American is always treated worse.
Martin Luther King Jr. makes the case that everyone should be treated equally,
no matter what their skin tone is; but what he does not mention is that everyone
should be treated equally no matter what their religion is. Today in America, there
are a number of different religions that are believed in. But if someone does not
believe in the “main-stream” religion, they are thought of as not normal or not your
“Average-Joe.” Take a look at the Muslim religion. After 9/11 many Muslims were
thought of as being terrorists. This became a problem because of only a few people’s
actions; an enormous group of people was treated unjust.
Many people think that in today’s world everyone is treated equally. But
unfortunately, that is not the case. It is sad to see that we, as a nation and as a
world, have not progressed since Martin Luther King Jr. made his speech 39 years ago.
That many individuals are still being discriminated and racism is still evident. It is
pathetic that nobody has yet to stand up and take action. Instead they choose to
believe that we are living in a world of peace. People all over the world are being
discriminated and punished for what they look like, what their religion is, and for just
being who they are. If nothing is going to change, what is the point of trying to live in
a world of peace?
January 22, 2008 City Council Packet
104
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 REPORT.
January 22, 2008 City Council Packet
105
Presentations/Reports/Special Requests:
8. Discussion and action on a request from the Brookings Housing Opportunity
Conference.
The organizers of the Brookings Housing Opportunity Conference have asked
the City to help co-sponsor the February 9th Conference. They are requesting
$500.00. Barb Kjellson-Anderson will be present to make a request and
respond to questions. A copy of the draft promotional flyer is enclosed.
Do you dream of owning a home, but, don’t think you qualify?
Do you want to help potential home owners achieve their dream?
YYeess!! YYoouu CCaann……
Be Part of Expanding Housing
Opportunities!
Attend the
HHoouussiinngg OOppppoorrttuunniittyy CCoonnffeerreennccee
Sponsored by:
• Larson Manufacturing
• Daktronics?
• 3M?
• Rainbow ?
• City of Brookings?
• Brookings County?
• Brookings Regional Builders
Association
Presenters Include:
• Brookings Area Habitat for
Humanity (BAHFH)
• Habitat for Humanity – S.D.
• Interlakes Community Action
Partnership (ICAP)
• S. D. Housing Development
Authority (SDHDA)
• Prairie Freedom Center
• Brookings Municipal Utilities
• First Bank & Trust
• U.S. Department of Agriculture
Rural Development (USDA)
• Brookings Economic Development
Center/Chamber of Commerce
See other side for detailed schedule.
Brookings Area
HHoouussiinngg OOppppoorrttuunniittyy
CCoonnffeerreennccee
In conjunction with the Brookings Regional Builders Association Annual Home Show
Saturday, February 9, 2008
Swiftel Center - Brookings, SD
This Conference is included with $4 Home Show Admission. Complimentary tickets are
available for those in need while they last. Ask at the box office between 8:30-9:30am Sat.
99::0000--99::4400aamm OOppeenniinngg KKeeyynnoottee -- ““HHoouussiinngg && CCoommmmuunniittyy DDeessiiggnn””
Al Heuton – Brookings Economic Development Corporation/Brookings Area Chamber of Commerce
99::4455--1100::5555aamm -- BBrreeaakkoouutt SSeessssiioonnss
Yes! You Can
Be a Homeowner
Attend these sessions if you are: Potential home
owner; HR professional hoping to assist employees
with housing opportunities.
Yes! You Can
Facilitate Housing Opportunities
Attend these sessions if you are: Elected official;
Appointed official, County staff, City staff, Program
provider, Developer or Financier.
Programs for Potential Homeowners…
Home Purchase:
1. The Governor’s House SDHDA – Jim Becker
2. Mutual Self Help ICAP - Peg Pederson
3. Habitat for Humanity – Dr. Larry Swain
Post-Purchase Assistance:
4. Programs for Disabilities – Rick Sterling,
Prairie Freedom Center
5. Programs for Energy Assistance – Jane
Siekmann, Brookings Municipal Utilities
6. Programs for Home Rehabilitation &
Weatherization – Dana Whitehouse, ICAP
Review of Housing Needs in Eastern South
Dakota…
Recent Studies:
1. Brookings Area Housing Study - Al Heuton,
BEDC/Chamber of Commerce
2. Reality Check: Profiles of the South Dakota
Homeowner - Patty Bacon, Habitat for
Humanity-South Dakota
3. Question & Answer session
1111::0000--1111::5555aamm -- BBrreeaakkoouutt SSeessssiioonnss
Yes! You Can
Be a Homeowner
Yes! You Can
Facilitate Housing Opportunities
Financing Options for Potential
Homeowners…
Getting Started:
1. A Conversation on Credit – Patty Bacon,
Habitat for Humanity-South Dakota
2. When You Meet with a Lending Facility –
Jennifer Loomis, First Bank & Trust
3. Ideas on Financing Options – Darlene Bresson,
USDA Rural Development
Panel Discussion: What policy obstacles exist
today & what opportunities might be examined by
local, county & state policy makers in an effort to
create an environment more conducive to affordable
housing for more South Dakotans.
Moderator: Brookings Mayor Scott Munsterman
1. Al Heuton – BEDC/Chamber
2. Lorraine Polak - SD Housing Devel. Authority
3. Craig Miller – Madison Area Developer
4. Tim Reed - Brookings Council Member
5. Jayme Gross - Mayor of Clear Lake
1122nnoooonn--1122::3300 CClloossiinngg KKeeyynnoottee -- ““GGrreeeenn BBuuiilldd””
Dean Isham – Associate Professor, Interior Design, South Dakota State University
January 22, 2008 City Council Packet
108
Ordinances – 1st Readings
9. Ordinance No. 01-08: An Ordinance amending the Zoning Ordinance
pertaining to a boardinghouse use.
Public Hearing: February 12, 2008
Proposal: Eliminate the boardinghouse use in all districts
Historical Background: - The word “boarding” first appeared in the 1957 zoning
ordinance. It was grouped together with “lodging house” and according to the family
definition, it was a building containing a “group” of people as distinguished from a
“family”. However, the term boarding house (or lodging house) was not defined
separately. There was no maximum occupancy limit per dwelling unit as there is
today. There were 4 zoning districts in 1957 (A, B, C & D). A boardinghouse was a
permitted use in the “B” Multiple Dwelling District, “C” Commercial District, and “D”
Industrial District along with apartment houses, lodging houses, hotels, fraternities,
sororities and dormitories. There were no lot area regulations for lodging or rooming
houses, and these uses were understood to have no cooking facilities within the
individual rooms. The term boardinghouse was not used here, but I believe they
interchanged it with rooming house.
In 1966, the first Comprehensive Land Use Plan for Brookings was adopted as well as
the primary tool for its application, the Zoning Ordinance. A boardinghouse was now
a separate use and defined “as a building, other than a fraternity or sorority, where
lodging or boarding is provided… for no more than 8 persons…. In 1980, the
boardinghouse definition was modified in order to separate it from the single-family
definition. It continued to have minor revisions until 2004 when the ordinance was
amended into its current form. The major changes in 2004 were a reduction in the
maximum number of tenants from 8 to 6 and stricter property “standards”.
In 1966, a boardinghouse was only allowed as a conditional use in the medium density
Residence R-2 District. The ordinance was changed in 1970 to allow boardinghouses
as a permitted use in the high-density Residence R-3 District and the RB-4
Neighborhood Business District. In 1981, the ordinance was modified again to only
allow boardinghouses as a conditional use in the R-2 and R-3 Districts. Today, a
boardinghouse use is allowed as a conditional use in the R-2 District and a permitted
special use in the R-3, R-3A and RB-4 Districts. In 2004, the conditional use standards
that were required as prerequisites for obtaining a boardinghouse status in the R-2
District were modified to include minimum lot area and frontage requirements as well
as alley access depending on the type of lot. These regulations insured that the
overall density plan for the R-2 District would be maintained.
Specifics: The amendments will remove the boardinghouse term and related sections
from the ordinance. This involves the language that has the strike-throughs in the
proposed ordinance.
January 22, 2008 City Council Packet
109
Boardinghouses represent approximately ½ to 1 (one) percent of the 8,400 residential
units in the city. They also represent from 1½ to 2 percent of the single-unit
residential structures.
If the ordinance is passed, all recognized boardinghouses would become legal
nonconforming uses. These uses can continue forever with restrictions imposed by the
zoning ordinance or may expire based on conditions placed on their approval such as a
change of ownership.
Recommendation: The Planning Commission voted 8 yes and 0 no to recommend
approval of this zoning amendment with the stipulation that the boardinghouse
definition be retained.
January 22, 2008 City Council Packet
110
ORDINANCE NO. 01-08
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF BROOKINGS
AND PERTAINING TO A BOARDINGHOUSE AS A CONDITIONAL USE IN THE RESIDENCE R-2
DISTRICT AND PERMITTED SPECIAL USE IN THE R-3 AND R-3A DISTRICTS FOR PURPOSES
OF ADMINISTRATION OF THE ZONING ORDINANCE.
BE IT ORDAINED AND ENACTED BY THE COUNCIL OF THE CITY OF BROOKINGS,
STATE OF SOUTH DAKOTA, THAT ARTICLE I, IN GENERAL, ARTICLE IV, DISTRICT
REGULATIONS, ARTICLE V, CONDITIONAL USES AND ARTICLE VI, SUPPLEMENTAL
REGULATIONS SHALL BE AMENDED AS FOLLOWS:
I.
ARTICLE IV, DISTRICT REGULATIONS
Sec. 94-126. RESIDENCE R-2 TWO-FAMILY DISTRICT
(e) Conditional Uses.
10. Boardinghouse
Sec. 94-127. RESIDENCE R-3 APARTMENT DISTRICT
(d) Permitted Special Uses. A building or premises may be used for the following
purposes in conformance with the conditions prescribed herein:
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.
ARTICLE V. CONDITIONAL USES
DIVISION 1. GENERALLY
DIVISION 3. STANDARDS
Sec. 94-259. Boardinghouse:
This use shall not be located in an area where it could have a negative impact on
adjacent properties due to its size or the traffic generated from such use. The
parking area shall be designed to have a minimal impact on surrounding
residential properties and shall be surfaced with asphalt or concrete when 5 or
more spaces are required. A boardinghouse with four (4) persons shall have a
minimum lot area of 7,500 square feet, a minimum frontage width of 50 feet and
January 22, 2008 City Council Packet
111
alley access to the rear yard provided the alley frontage is equal to or greater
than the primary right-of-way frontage. A lot with two or more frontages is
acceptable in lieu of alley access provided it meets the lot area requirements. A
boardinghouse for five (5) or six (6) persons shall have a minimum lot area of
9,900 square feet and 65 feet of frontage width.
ARTICLE VI, SUPPLEMENTAL REGULATIONS
DIVISION 4. PARKING, STACKING AND LOADING
Sec. 94-433. Off-Street Parking Requirements.
6. Boardinghouse, fraternity or sorority: One (1) space for each occupant.
II.
Any or all ordinances in conflict herewith are hereby repealed.
FIRST READING January 22, 2008
SECOND READING:
PUBLISHED:
CITY OF BROOKINGS, SOUTH DAKOTA
____________________________________
Scott D. Munsterman, Mayor
ATTEST:
________________________
Shari Thornes, City Clerk
January 22, 2008 City Council Packet
112
Planning Commission
Brookings, South Dakota
January 8, 2008
OFFICIAL MINUTES
Vice-chairperson Greg Fargen called the regular meeting of the City Planning
Commission to order on January 8, 2008 at 7:00 PM in the Auxiliary Room at City Hall.
Members present were David Kurtz, Larry Fjeldos, Stacey Howlett, Mike Cameron,
Curt Ness, Al Gregg, Al Heuton, and Fargen. John Gustafson was absent. Others
present were Gary and Kim Winterfeld, Chuck and Mary Lou Betty, Dick Fergen, Doris
Roden, Mike Kabris, Kip Pharis, City Engineer Jackie Lanning, Planning Administrator
Dan Hanson, and others.
Item #5 – The City of Brookings has submitted amendments to the zoning ordinance
pertaining to the deletion of a boardinghouse use in the R-2,
R-3, R-3A, and RB-4 Districts.
(Fjeldos/Kurtz) Motion to approve the amendments.
(Heuton/Ness) Amendment to the motion to add “except for the boardinghouse
definition”. 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 January 8, 2008 at 7:00 PM in the Auxiliary Room at City Hall.
Members present were David Kurtz, Larry Fjeldos, Stacey Howlett, Mike Cameron,
Curt Ness, Al Gregg, Al Heuton, and Fargen. John Gustafson was absent. Others
present were Gary and Kim Winterfeld, Chuck and Mary Lou Betty, Dick Fergen, Doris
Roden, Mike Kabris, Kip Pharis, City Engineer Jackie Lanning, Planning Administrator
Dan Hanson, and others.
Item #5 – Several residents voiced their support for the elimination of the
boardinghouse use. They felt the use was detrimental to a neighborhood. Cameron
and Kurtz noted that a proposed boardinghouse use always met with a great deal of
negative feedback from neighbors. Heuton recommended retaining the definition.
January 22, 2008 City Council Packet
114
Ordinances – 1st Readings
10. Ordinance No. 05-08: An Ordinance amending the Zoning Ordinance
pertaining to a drive-in food service in the Business B-1 District.
Public Hearing: February 12, 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.
Proposal: Add a drive-in food service use in the Central Business District
Background: The Central Business District is a retail center that consists primarily of
retail stores, restaurants, bars, personal service stores, and offices. There is a
compact core area along Main Avenue from 3rd Street to 6th Street. The outer
boundaries contain businesses that sit on larger parcels with private parking areas.
The B-2 District is most closely related to the B-1 District and abuts
approximately 50 percent of the Central Business District perimeter. This district was
originally designed to allow transitional uses near the B-1 District. A drive-in food
service is a permitted use in the B-2, B-3, and B-4 Districts.
Specifics: Communities across the nation strive to create unique and attractive
downtowns. New urbanism, smart growth, and other in-fill policies have led to a
renewed interest in central business districts.
It is common for local governments and private organizations to develop
strategies to develop and maintain a healthy and balanced mix of uses downtown. It is
important to recognize what would be an appropriate use based on the history,
architecture, and built environment that exists while still providing adequate
diversity.
The permitted uses in the B-1 District have changed very little in the zoning
ordinance over the years except for modernizing language and grouping similar uses
under one term. A drive-in food service use creates both internal and external issues
as opposed to only internal issues for most other uses downtown. While these issues
can be addressed with performance standards through the conditional use process,
there are certain other aspects of this proposal that need to be examined. It appears
from the past improvements and future streetscape plan that the vision for downtown
Brookings was and is to create a walkable or more pedestrian friendly atmosphere at
least in a portion of the B-1 District. If this is accurate, does this use fit that vision?
Can the form and function of this use be appropriate in the Business B-1 District?
Recommendation: The Planning Commission voted 4 yes and 4 no to recommend
that this zoning amendment not be approved.
January 22, 2008 City Council Packet
115
ORDINANCE NO. 05-08
An ordinance amending the zoning ordinance of the City of Brookings and pertaining
to a drive-in food service as a conditional use in the Business B-2 District 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; Article IV, District Regulations; and Article V, Conditional Uses
shall be amended as follows:
ARTICLE I. IN GENERAL
Sec. 94-1. DEFINITIONS
Drive in Food Service: An establishment that accommodates the patron's motor
vehicle from which the patron may obtain prepared food through a service
window or automated device.
ARTICLE IV. DISTRICT REGULATIONS
DIVISION 1. GENERALLY
Sec. 94-131. BUSINESS B-1 CENTRAL BUSINESS DISTRICT
(e) Conditional Uses.
1. Repair garage
2. Assembling and packaging
3. Apartments for the elderly
4. Broadcast Tower
5. Community Center
6. Drive-in Food Service
ARTICLE V. CONDITIONAL USES
DIVISION 3. STANDARDS
Sec. 94-270.2 Drive-in Food Service
This use shall be located where ample on-premise vehicle stacking is available.
The site design shall provide for clear sight angles for safe pedestrian and
vehicular movement on and off the site. All egress points shall be designed to
permit right turns only in order to reduce traffic conflicts. Menu boards, external
illumination and intercommunication systems shall be designed to have a minimal
impact on adjacent property. The service window location shall be not less than
50 feet from an adjacent property. The City Engineer and / or Traffic Safety
January 22, 2008 City Council Packet
116
Committee shall review any proposal that causes a reduction in on-street parking
and submit their findings to the commission.
Any or all ordinances in conflict herewith are hereby repealed.
FIRST READING: January 22, 2008
SECOND READING:
PUBLISHED:
CITY OF BROOKINGS, SOUTH DAKOTA
___________________________________
Mayor
ATTEST:
________________________
City Clerk
January 22, 2008 City Council Packet
117
Planning Commission
Brookings, South Dakota
January 8, 2008
OFFICIAL MINUTES
Vice-chairperson Greg Fargen called the regular meeting of the City Planning
Commission to order on January 8, 2008 at 7:00 PM in the Auxiliary Room at City Hall.
Members present were David Kurtz, Larry Fjeldos, Stacey Howlett, Mike Cameron,
Curt Ness, Al Gregg, Al Heuton, and Fargen. John Gustafson was absent. Others
present were Gary and Kim Winterfeld, Chuck and Mary Lou Betty, Dick Fergen, Doris
Roden, Mike Kabris, Kip Pharis, City Engineer Jackie Lanning, Planning Administrator
Dan Hanson, and others.
Item #6 – The City of Brookings has submitted amendments to the zoning ordinance
pertaining to a drive-in food service as an allowed use in the Business B-1 District.
(Cameron/Kurtz) Motion to approve the amendments. Kurtz, Ness, Heuton, and
Fargen voted aye. Fjeldos, Cameron, Howlett, and Gregg voted no. MOTION FAILED.
SUMMARY OF DISCUSSION
Item #6 – Dick Fergen, a downtown business owner, supported the amendment.
Heuton was interested in knowing how this proposed use compared to the historic
preservation plan and new streetscape plan. Cameron felt the new streetscape plan
called for a more walkable downtown. Doris Roden, Program Manager of Downtown
Business Inc., (DBI) noted that the goals of the new streetscape plan were to create
traffic calming and a more pedestrian friendly downtown.
Fargen clarified that the amendment would require a review of any specific
proposal under the conditional use procedure. He noted that safety and parking issues
were addressed in the standards.
Fjeldos felt that additional traffic, potential loss of some on-street parking,
and alley deliveries created problems for this type of use in the downtown. He also
noted that some activities downtown call for closing the streets. He felt the negatives
outweighed the positives.
Fergen pointed out that his particular plan replaced the loss of on-street
parking with private lot parking.
January 22, 2008 City Council Packet
120
Ordinances – 2nd Readings / Public Hearings:
11. 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.
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.
Also enclosed is an updated the public improvement spreadsheet showing
expenses, revenues, cash reserves, and cash balances from 2003-2021.
Action: Motion to approve, request public comment, roll call
City Manager Recommendation: Approve
January 22, 2008 City Council Packet
121
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)
January 22, 2008 City Council Packet
122
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
January 22, 2008 City Council Packet
123
To: City Council and City Manager
From: Rita Thompson, Finance Manager
Date: January 11, 2008
Re: Public Improvement Fund Projections
OVERVIEW
I have updated the public improvement spreadsheet showing expenses, revenues, cash
reserves, and cash balances from 2003-2021.
CONCEPTS AND REVISIONS
• I have raised the projection assumption of revenues from 3% to5%. This is still
conservative since we have experienced double digit increase over the last five years.
• Using the City Council goals and the five-year capital improvement plan I have added
additional projects for consideration.
DEBT
When the Council determines what they want completed we can begin discussions about how
we can make it happen. There are many different options. One would be to restructure our
debt.
RESERVES
The reserves we have set aside for future purchases could be revised.
Second Penny75% Second Penny ProjectionsAssuming an annual revenue increase of 5.0%1.05 Growth0.03 InterestYear 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012ExpendituresDebt Service2003 Swiftel/Library Principle 491,286 605,000 695,000 720,000 740,000 765,000 790,000 810,000 840,000 870,000 2003 Swiftel/Library Interest 314,519 318,697 236,203 214,310 191,630 168,320 143,840 118,560 91,830 62,850 2001 Ice Arena/PAC Principle-2021 225,000 235,000 240,000 250,000 250,000 275,000 285,000 300,000 310,000 325,000 2001 Ice Arena/PAC Interest 469,072 460,746 451,816 442,456 432,456 422,206 410,656 398,401 385,201 371,251 2005 Retail/Principle275,000 280,000 290,000 295,000 305,000 315,000 325,000 2005 Retail/Interest103,859 101,303 91,908 82,011 71,673 60,718 49,248 2006 Aquatic Pool308,000 308,000 308,000 308,000 308,000 2006 Aquatic Pool/Interest77,000 61,600 46,200 30,800 15,400 2009 Proposed Swiftel Expansion-2029420,000 420,000 420,000 420,000 Bond Administration 1,000 1,200 1,302 1,200 1,200 1,200 1,200 1,200 1,200 1,200 Total Annual Debt Service1,500,877 1,620,643 1,624,321 2,006,825 2,381,589 2,383,234 2,781,907 2,763,634 2,747,349 2,424,549Cash ProjectsSDSU Wellness ($500,000)500,000 Swiftel CIP 70,000 366,333 139,539 100,000 225,000 70,000 70,000 70,000 70,000 General Fund CIP 147,500 271,000 271,000 Downtown Streetscape 35,000 - 1,389,560 Boys & Girls Club100,000 100,000 100,000 100,000 100,000 Senior Center 700,000 SDSU Research Park 50,000 150,000 150,000 150,000 City Hall Entrance- 200,000 Bike Trail141,000 URC Child Care Center25,000 Railroad Crossings/Accumulation150,000 150,000 150,000 150,000 150,000 Nature Park160,000 Restoration Band shell100,000 100,000 Larson Ice Arena/Permanent seating385,000 Aquatic Center/Lazy River2,000,000 City/School Partnership Park-LandTotal Cash Projects0 917,500 722,333 660,539 375,000 2,655,560 780,000 805,000 220,000 2,220,000Total Annual Expenditures 1,500,877 2,538,143 2,346,653 2,667,364 2,756,589 5,038,794 3,561,907 3,568,634 2,967,349 4,644,549RevenuesInterest29,588 3,913 61,875 152,494 145,890 66,620 64,671 42,370 53,056 66,838Donations0 77,000 61,600 46,200 30,800 15,400 Bond Proceeds0075% Sales Tax Revenue 2,110,418 2,398,552 2,759,662 3,173,711 3,632,092 3,813,696 4,004,381 4,204,600 4,414,830 4,635,572Total Annual Revenues 2,140,006 2,402,466 2,821,537 3,326,205 3,854,982 3,941,916 4,115,252 4,277,770 4,483,286 4,702,410Annual Net639,129 -135,677 474,884 658,841 1,098,393 -1,096,877 553,345 709,137 1,515,937 57,8610.1Ending Balance3,251,962 1,463,530 2,102,768 2,761,609 3,860,003 2,763,125 3,316,470 4,025,607 5,541,544 5,599,405Minimum Bal 10% cash flow211,042 239,855 275,966 317,371 363,209 381,370 400,438 420,460 441,483 463,557Restricted Cash Debt1,773,500 1,773,500 1,773,500 1,773,500 1,773,500 1,773,500 1,773,500 1,773,500 1,773,500 1,773,500Reserve for Capital Improvement1,150,000 1,150,000 1,150,000 1,150,000 1,150,000Available Cash1,267,420 -549,825 53,302 670,738 573,294 -541,744 -7,468 681,647 2,176,561 3,362,348
January 22, 2008 City Council Packet
125
Ordinances – 2nd Readings / Public Hearings:
12. 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.
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.
Action: Motion to approve, request public comment, roll call
City Manager Recommendation: Approve
January 22, 2008 City Council Packet
126
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
January 22, 2008 City Council Packet
127
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.
January 22, 2008 City Council Packet
128
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.
January 22, 2008 City Council Packet
129
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
January 22, 2008 City Council Packet
130
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.
January 22, 2008 City Council Packet
131
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.
January 22, 2008 City Council Packet
132
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.
January 22, 2008 City Council Packet
133
***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
January 22, 2008 City Council Packet
136
Ordinances – 2nd Readings / Public Hearings:
13. Ordinance No. 04-08, an Ordinance amending the zoning ordinance
pertaining to maintenance buildings on lots in certain business districts.
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.
Action: Motion to approve, request public comment, roll call
City Manager Recommendation: Approve
January 22, 2008 City Council Packet
137
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
January 22, 2008 City Council Packet
138
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
January 22, 2008 City Council Packet
139
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.
January 22, 2008 City Council Packet
142
Other Business.
14. Presentation and possible action on the new Airport Alternative by HNTB.
The City Council discussed airport issues at their October 23, 2007 and
November 13, 2007 meetings. At those meetings, representatives from Helms
and Associates and HNTB Corporation presented a modified on-site alternative.
This modified on-site alternative included, in part, changes to the Instrument
Landing System and Crosswind Runway 17-35 as well as improvements to the
taxiways. The City Council approved the evaluation of the new on-site airport
alternative at their November 13, 2007 meeting, and the data has been
compiled on this alternative. The results were originally scheduled to be
presented to the City Council in February; however, the work was finished
ahead of schedule.
Representatives from Helms and Associates and HNTB Corporation will present
information for the new on-site alternative at the meeting. Representatives
from the FAA Bismark Airport District Office will also be in attendance to
answer questions. After receiving this information, the Brookings City Council
would decide to move forward with the Environmental Assessment on the
realignment and relocation alternatives (original Dual Track), or solely on the
new on-site airport alternative. If this action is not approved, the
Environmental Assessment will continue to move forward with the evaluation of
the on-site realignment alternative and the off-site relocation alternative
(original Dual Track).
Notices were sent by first-class mail to the landowners shown on the enclosed
mailing list, as well as Brookings County Commission, Brookings Township
commissioners, and Trenton Township Commissioners alerting them of this
meeting.
Note that Deputy Mayor Tim Reed will chair this portion of the meeting.
Action: Motion to approve, request public comment, roll call
City Manager Recommendation: Approve
C:\Documents and Settings\sthornes.CITYOFBROOKINGS.000\Local Settings\Temporary Internet
Files\OLK5E\LandownerListAllModified.doc
Name Salutation Address1 CityStateZip
Robert & Brigitt Belau Mr. & Mrs. Belau 47402 219th Street Brookings, SD 57006
Richard & Hazel
Carsrud
Mr. & Mrs. Carsrud 21858 474th Avenue Brookings, SD 57006
Paul & Kathie
Tuntland
Mr. & Mrs. Tuntland 415 Elm Avenue Brookings, SD 57006
Scott & Karen Kistler Mr. & Mrs. Kistler 47416 218th Street Brookings, SD 57006
Edward & Constance
Telkamp
Mr. & Mrs. Telkamp 2606 34th Avenue Brookings, SD 57006
Lyle & Gloria
Telkamp
Mr. & Mrs. Telkamp 47346 SD Highway
324
Brookings, SD 57006
Howard & Luella
Schlobohm
Mr. & Mrs. Schlobohm 21915 475th Avenue Aurora, SD 57002
Jane Mydland Ms. Mydland 7E Big Sky Place Sioux Falls, SD 57110
Patrick & Carla
Carrigan
Mr. & Mrs. Carrigan 132 Stonebridge Ct Green Bay, WI 54313
George & Marsha
Skon
Mr. & Mrs. Skon 47456 219th Street Brookings, SD 57006
Kevin Telkamp Mr. Telkamp 21670 473rd Avenue Brookings, SD 57006
Arlene Harvey Ms. Harvey 1369 5th Street Brookings, SD 57006
Jerry & Justine
Christensen
Mr. & Mrs. Christensen 50967 Ridgeview Lane Granger, IN 46530
Robbi & Therese
Pritchard
Mr. & Mrs. Pritchard 47569 218th Street Aurora, SD 57002
Robert & Lorie
Michaels
Mr. & Mrs. Michaels 2060 Pinto Drive Wayzata, MN 55391
Brian Vandekieft Mr. Vandekieft 21759 476th Avenue Aurora, SD 57002
Stephen & Jean
Chappell
Mr. & Mrs. Chappell 21857 477th Avenue Aurora, SD 57002
Ronald & Cynthia
Oye
Mr. & Mrs. Oye 47657 218th Street Aurora, SD 57002
Mark Dunlap Mr. Dunlap 47654 218th Street Aurora, SD 57002
Leibel Family Limit
Partnership
Leibel Family Partnership 1616 Cypress Point
Circle
Brookings, SD 57006
Raymond & Habe
Suhr
Mr. & Mrs. Suhr 1734 8th Street Brookings, SD 57006
Robert & Barbara
Hartinger
Mr. & Mrs. Hartinger 47683 SD Hwy 324 Aurora, SD 57002
Wendell Thompson Mr. Thompson 215 16th Avenue S Brookings, SD 57006
Curtis Nelson Mr. Nelson 47370 219th Street Brookings, SD 57006
Ronald Peterson Mr. Peterson 426 Dakota Avenue Brookings, SD 57006
Michael & Ann
Widmark
Mr. & Mrs. Widmark 21838 473rd Avenue Brookings, SD 57006
Franklin & Beulah
Shaw
Mr. & Mrs. Shaw 47370 219th Street Brookings, SD 57006
SOO Brook Farms,
Inc.
SOO Brook Farms, Inc. 47370 219th Street Brookings, SD 57006
Paul & Zelda
Schlobohm
Mrs. & Mrs. Schlobohm 47527 219th Street Aurora, SD 57002
Jamie & Brianna Mr. & Mrs. VonEye 47122 229th Street Colman, SD 57017
C:\Documents and Settings\sthornes.CITYOFBROOKINGS.000\Local Settings\Temporary Internet
Files\OLK5E\LandownerListAllModified.doc
Name Salutation Address1 CityStateZip
VonEye
Kenneth Horton
c/o Jamie & Brianna
VonEye
Mr. Horton 47122 229th Street Colman, SD 57017
Donald Clark Mr. Clark 47706 218th Street Aurora, SD 57002
Robert & Barbara
Fourney
Mr. & Mrs. Fourney 21723 476th Avenue Aurora, SD 57002
Richard Nichols Mr. & Mrs. Nichols 1335 16th Avenue W Brookings, SD 57006
Leo Edward Moriarty Mr. Moriarty
803 Ohio Street Webster City IA 50595
William Mix Mr. Mix PO Box 375 Arlington, SD 57212
Leroy Voss Mr. Voss 141 Main Avenue S Brookings, SD 57006
Dorothy Lees Ms. Lees 2135 Elmwood Drive Brookings, SD 57006
Robert Lacher Mr. Lacher 127 W. 16th Avenue S Brookings, SD 57006
Randell & Brenda
Pitts
Mr. & Mrs. Pitts 304 W. 16th Ave Brookings, SD 57006
Gerald & Yvonne
Ehlebract
Mr. & Mrs. Ehlebract 1031 W. 8th Street South Brookings, SD 57006
Igor & Tatiana Sergeev Mr. & Mrs. Sergeev 1115 W. 8th Street South Brookings, SD 5706
Scott & Mary Jeanne
Munsterman
Mr. & Mrs. Munsterman 1133 W. 8th Street South Brookings, SD 57006
Darin & Marie Cooper Mr. & Mrs. Cooper 614 Main Avenue S Brookings, SD 57006
Major L. Boddicker Mr. Boddicker 4620 Moccasin Circle
Box 999
LaPorte, CO 80535
Airport Board
Brookings County
Commissioners
Charles Short Trenton Township
Commissioner
21473 467th Avenue Aurora, SD 57002
Todd Nelson Trenton Township
Commissioner
21974 477th Avenue Aurora, SD 57002
Ronald Sckerl Trenton Township
Commissioner
47717 SD Hwy 324 Aurora, SD 57002
Tanya Clark Trenton Township
Commissioner
47706 218th Street Aurora, SD 57002
Paul Schlobohm Trenton Township
Commissioner
47527 219th Street Aurora, SD 57002
Dan Miller Brookings Township
Commissioner
2531 30th Street West Brookings, SD 57006
Lyle Johnson Brookings Township
Commissioner
48726 212th Street Brookings, SD 57006
Leon Wrage Brookings Township
Commissioner
3104 Sunnyview Drive Brookings, SD 57006
Leon Bush Brookings Township
Commissioner
1023 Sunnyview Drive Brookings, SD 57006
January 22, 2008 City Council Packet
145
15. Adjourn.