HomeMy WebLinkAbout2008_02_12 CC PKTFebruary 12, 2008 City Council Packet
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Brookings City Council
Tuesday, February 12, 2008
City Hall Council Chambers
311 Third Avenue
4:00 p.m. – Presentation on the Swiftel Center Expansion Plan
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. Presentation on the Swiftel Center Expansion Plan
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. Brookings Area Transportation Authority (BATA) Funding Request.
2. Update on 34th Avenue Improvement Project, Overpass and Interchange
Project.
3. Council discussion on County Commission joint meeting topics.
4. Review of liquor applications.
5. Legislative updates.
6. 6:00 p.m. Meeting Review.
7. City Clerk Reports:
A. Upcoming Council Meetings
B. Council Invites & Obligations
National League of Cities – Congressional Conference (March 8-12)
8. City Council member introduction of topics for future discussion.
Any Council member may request discussion of any issue at a future meeting only. Items can not be added for action
at this meeting. A motion and second is required starting the issue, requested outcome, and time. A majority vote is
required.
6:00 P.M. REGULAR MEETING
1. Call to order.
2. Pledge of Allegiance.
3. City Clerk records council attendance.
4. Action to approve the following Consent Agenda Items *
A. Agenda.
B. Action to appoint Sandra Moore to the Brookings Human Rights
Committee.
C. Action to appoint Andrew Natzel to the Brookings Transportation Board
as the SDSU Student Representative.
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D. Action on Resolution No. 12-08 Fixing Time and Place for Hearing upon
Assessment Roll for Sidewalk Assessment Project 2007-01SWR.
E. Action on Resolution No. 13-08 Fixing Time and Place for Hearing upon
Assessment Roll for Street Assessment Project 2007-07STA.
F. Action on Resolution No. 14-08, a Resolution Authorizing the Mayor to
Sign an Agreement for Federal Aviation Administration Project No.
AP0005-2008.
G. Action on Resolution No. 17-08, ICMA-RD 457 Deferred Compensation
Plan.
H. Action on Resolution No. 18-08, Amending Retirement Plan to Permit
Loans.
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. Open Forum.
6. SDSU Report.
Ordinances – 1st Readings **
7. 1st reading – Ordinance No. 08-08 - Campaign Finance Amendment. Public Hearing:
February 26, 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:
8. Public Hearing - Ordinance No. 01-08: An Ordinance amending the Zoning Ordinance
pertaining to a boardinghouse use.
Action: Open & Close Public Hearing, Motion to approve, Roll Call
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.
Action: Open & Close Public Hearing, Motion to approve, Roll Call
Other Business.
10. Public Hearing and Action on Resolution No. 11-08, Proposed Resolution of
Necessity for Street Assessment Project, 2008-03STI Downtown Streetscape
Project.
Action: Motion to approve, request public comment, roll call
11. Action on Resolution No. 15-08, a Resolution setting forth a schedule of
proposed fines for violations of the Ordinances of the City of Brookings, South
Dakota.
Action: Motion to approve, request public comment, roll call
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12. Discussion and possible action on a contract for Engineering Services with HDR
to do a Traffic Modeling Study for 34th Avenue / 20th Street Overpass
Improvement Project.
Action: Motion to approve, request public comment, roll call
13. Discussion and possible action on Resolution No. 16-08, Resolution establishing
the Policy of the City of Brookings concerning use of the Red (competition) Rink
of the Larson Ice Center for Animal Events.
Action: Motion to approve, request public comment, roll call
14. Adjourn.
The complete City Council agenda packet is available on the city
website: www.cityofbrookings.org
If you require assistance, alternative formats, and/or accessible locations consistent with the Americans
with Disabilities Act, please contact Shari Thornes, City ADA Coordinator, at 692-6281 at least 3 working
days prior to the meeting.
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4:00 p.m.
Representatives of VenuWorks will give a presentation on the Swiftel
Center Expansion Plan.
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5:00 P.M. WORK SESSION
1. BATA Funding.
Brenda Schweitzer, BATA, has submitted the following information in support
of BATA’s increased funding request and will be at the meeting to answer
questions. To recap, BATA was allocated $25,000 in 2008 from the city of
Brookings and they are requesting that amount be increased to $50,000.
BROOKINGS AREA TRANSIT AUTHORITY
Summary of Services
Services Provided:
- Hours of Operation: Mon. – Sat. 7:00 AM – 10:00 PM/Sun – 6:00 PM
- Demand Response Door-to-Door Service
o Advance Reservations
o Same Day Service
- Daily Route to Sioux Falls
o Coordination Contract with Brookings School Dist.
- Service to outlying communities:
o Volga
o White
o Aurora
o Bruce
o Sioux Falls
o Bushnell
o Elkton
- Service Route – Mon/Wed/Fri
Vehicle Inventory:
- 8 -16-22 passenger buses (wheelchair accessible)
o 2 of these are very limited due to age
- 1- 43 passenger school bus
- 2-Sprinters
o 1-10 passenger – no wheelchair access
o 1-8 passenger – 2 wheelchair positions
- 1 Dodge passenger van
- 1 Ford conversion van – 1 wheelchair position
-
2007 Ridership:
- 92,868 One-way Rides
o 5,474 Lift-assisted rides
Financial Data:
2007 Costs:
- Cost per ride - $6.02 – Before subsidy
- Cost per ride - $2.38 – With Subsidy
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- Fares: $2/Advanced Reservation - $5/Same Day
2008 Budget:
- Operating Costs – $428,500
- Admin Costs - $269,800
- Revenue - $114,000 (fare, bus advertising, contracts)
- Federal/State assistance/operating - $187,836
The difference is contributed from County/City/United
Way/Medicaid/Donations.
ISSUES
- The demand for services has increased. This has strained our payroll,
vehicle expense and benefit expenses. These riders adapted to the
advance notice, and are now considered transit riders at $2.00/ride, vs. the
previous same-day rate of $5. The influx has had us increasing our driver by
at least one driver daily. Our budgeted service hours begin at 7:30 AM,
when we have already expanded to 6:30 AM to meet the demands to the
degree possible. Earlier service hours are our greatest request at this time.
This has also created the need for earlier dispatch.
- The costs of labor, benefits, and fuel rise every year. This creates a higher
budget amount with no extra funds for improvements to services.
- Out of area medical trip requests are in high demand. These are for
services that are NOT available in Brookings. Medicaid is available to a
portion of these, and we have coordinated services to the best of our
abilities with Volunteer Services.
- Match dollars in Brookings are difficult to obtain. There are many non-
profit services that request assistance, spreading these dollars very thin.
- Federal/State funds are capped out, with the threat of being reduced. This
puts an increased strain on systems such as ours that has been in a growth
mode. Planning needs to begin now to establish future funding options.
Statewide, the public transit programs are looking for an additional 4M in
state/federal funding. We’ve been advised we must secure locally, or limit
service. Who do we say no to?
- Fleet management challenges. State funds are available with an 80/20
formula. We will need $15,000 for one vehicle. We have been soliciting for
this, but is not yet secured.
- Coordination demands, requests and possibilities. We continuously work
with area manufacturers, services, educational systems in offering services
in the nature of coordination.
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RIDERSHIP STATISTICS
Average monthly ridership 7,500
Employment Rides have increased by 58% in Jan. alone 2,425
6:30 – 7:30 AM Increased Ridership from Oct. 1. 255% 312
o This is an average of 16.42 rides in this hour
o The greatest demands voiced are for even EARLIER hours
Weekend Ridership has increased from Dec. to Jan. 57%
NEW PASSENGER COUNT for Oct., Nov., Dec 99
NEW PASSENGER COUNT for January totaled: 91
o 100% increase in one month over the first qtr.
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5:00 P.M. WORK SESSION
2. Update on 34th avenue Improvement Project, Overpass
and Interchange Project.
The City and other area businesses in Brookings have been discussing the traffic
situation in eastern Brookings and exploring ways to improve traffic flows. The City
has been coordinating with Banner Associates of Brookings and HDR of Sioux Falls to
develop a scope of work to complete a traffic study. The study would include
collecting traffic data, studying existing and future traffic flows, and identifying costs
for improvements. The traffic study would be submitted in a format that meets DOT
standards for project requests. 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.
The first draft of the scope for the traffic study is shown on the enclosed document,
as well as the cost for the traffic study. The proposal is being discussed and trying to
find possible ways to lower the cost of the study and still receive valuable
information. There is discussion regarding the study of the 32nd Street South
interstate off-ramps, and whether this would even be funded by DOT. If the
probability of receiving funding for the off-ramps is low, it may not be cost effective
to be study them at this time. Since the traffic study information would be valuable
for about five years, it would be important to study the improvements that could be
implemented in approximately five years. The City would like to pursue private and
public partnerships to share in the cost of this study, since it will have a benefit to
many.
City Manager Jeff Weldon and City Engineer Jackie Lanning will update the City
Council on the status of the traffic study project.
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5:00 P.M. WORK SESSION
3. Council discussion on County Commission joint meeting
topics.
Brookings County Rail Authority
o Mission – improving safety and rail service
Update on Transportation District Bill (Rail Corridor TIF Project)
Future Growth Needs for the Brookings Region:
o 34th Avenue Improvement Project, Overpass and Interchange Plans
DOT Discussion and Strategy Update
o Innovation Campus Infrastructure Improvements
o County Industrial Park
Joint Space Collaboration: Creating Opportunities for Efficiency
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5:00 P.M. WORK SESSION
4. Review of Liquor applications.
The City has been accepting applications for its one remaining liquor
operating agreement. The deadline is February 8th at 5:00 p.m. Copies of
the applications will be distributed to the Council members at the meeting
for an initial review and to identify the final schedule and process.
City of Brookings
Liquor Operating Agreement Application Process
The City of Brookings, South Dakota, has one on-sale liquor operating agreement
available.
Applicants are required to provide the following information:
1. State Uniform Alcoholic Beverage License Application
2. Business Plan
3. Site Plan
4. Interior Building Floor Plan
5. Sunday Sales Application (if applicable)
6. Completed Background Check Form(s)
Please be advised that there are no Video Lottery licenses currently available.
Completed applications to include a business plan, site plan, floor plans and any other
supplemental information must be submitted to the City Clerk, 311 Third Avenue, not
later than 5:00 p.m. on Friday, February 8, 2008. For additional information or
clarification, please contact Jeffrey Weldon, City Manager, at 605-692-6281 or Shari
Thornes, City Clerk, 605-692-6281, or email at sthornes@cityofbrookings.org. Please
be advised that the City Council may choose not to enter into any new operating
agreements.
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5:00 P.M. WORK SESSION
5. Legislative updates.
February 12, 2008 City Council Packet
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5:00 P.M. WORK SESSION
6. 6:00 p.m. Meeting Review.
6:00 P.M. REGULAR MEETING
1. Call to order.
2. Pledge of Allegiance.
3. City Clerk records council attendance.
4. Action to approve the following Consent Agenda Items *
A. Agenda.
B. Action to appoint Sandra Moore to the Brookings Human Rights Committee.
C. Action to appoint Andrew Natzel to the Brookings Transportation Board as the SDSU
Student Representative.
D. Action on Resolution No. 12-08 Fixing Time and Place for Hearing upon Assessment Roll
for Sidewalk Assessment Project 2007-01SWR.
E. Action on Resolution No. 13-08 Fixing Time and Place for Hearing upon Assessment Roll
for Street Assessment Project 2007-07STA.
F. Action on Resolution No. 14-08, a Resolution Authorizing the Mayor to Sign an
Agreement for Federal Aviation Administration Project No. AP0005-2008.
G. Action on Resolution No. 17-08, ICMA-RD 457 Deferred Compensation Plan.
H. Action on Resolution No. 18-08, Amending Retirement Plan to Permit Loans.
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. Open Forum.
6. SDSU Report.
Ordinances – 1st Readings **
7. 1st reading – Ordinance No. 08-08 - Campaign Finance Amendment. Public Hearing: February
26, 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:
8. Public Hearing - Ordinance No. 01-08: An Ordinance amending the Zoning Ordinance pertaining
to a boardinghouse use.
Action: Open & Close Public Hearing, Motion to approve, Roll Call
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.
Action: Open & Close Public Hearing, Motion to approve, Roll Call
Other Business.
10. Public Hearing and Action on Resolution No. 11-08, Proposed Resolution of Necessity for Street
Assessment Project, 2008-03STI Downtown Streetscape Project.
Action: Motion to approve, request public comment, roll call
11. Action on Resolution No. 15-08, a Resolution setting forth a schedule of proposed fines for
violations of the Ordinances of the City of Brookings, South Dakota..
Action: Motion to approve, request public comment, roll call
12. Discussion and possible action on a contract for Engineering Services with HDR to do a Traffic
Modeling Study for 34th Avenue / 20th Street Overpass Improvement Project.
Action: Motion to approve, request public comment, roll call
13. Discussion and possible action on Resolution No. 16-08, Resolution establishing the Policy of the
City of Brookings concerning use of the Red (competition) Rink of the Larson Ice Center for
Animal Events.
Action: Motion to approve, request public comment, roll call
14. Adjourn.
February 12, 2008 City Council Packet
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5:00 P.M. WORK SESSION
7. City Clerk Reports:
A. Upcoming Council Meetings
February 26th
3:00-5:00 p.m. TRAINING ON TELEVISED MEETING
5:00 p.m. Work Session
Complete Count Commission
6:00 pm Regular Meeting
2nd Reading – Campaign Finance
B. Council Invites & Obligations
o National League of Cities – Congressional
Conference (March 8-12)
Date
Day
Event
Time
Location
March 5-6
Wed/Thu
SD Airports Conference
Wed 9:30 start
Thu noon close
Deadwood
March 8-12 Fri-Tuesday National League of
Cities
Washington DC
March 17-21 Mon-Friday Board of Equalization
Hearings
Commencing Monday.
Will attempt to finish in
one day if possible
City Hall
February 12, 2008 City Council Packet
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5:00 P.M. WORK SESSION
8. City Council member introduction of topics for future
discussion.
Any Council member may request discussion of any issue at a future meeting only. Items can
not be added for action at this meeting. A motion and second is required starting the issue,
requested outcome, and time. A majority vote is required.
February 12, 2008 City Council Packet
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6:00 P.M. REGULAR MEETING
1. Call to order.
2. Pledge of Allegiance.
3. City Clerk records council attendance.
4. Action to approve the following Consent Agenda Items *
A. Agenda.
B. Action to appoint Sandra Moore to the Brookings Human Rights Committee.
C. Action to appoint Andrew Natzel to the Brookings Transportation Board as the
SDSU Student Representative.
D. Action on Resolution No. 12-08 Fixing Time and Place for Hearing upon
Assessment Roll for Sidewalk Assessment Project 2007-01SWR.
E. Action on Resolution No. 13-08 Fixing Time and Place for Hearing upon
Assessment Roll for Street Assessment Project 2007-07STA.
F. Action on Resolution No. 14-08, a Resolution Authorizing the Mayor to Sign an
Agreement for Federal Aviation Administration Project No. AP0005-2008.
G. Action on Resolution No. 17-08, ICMA-RD 457 Deferred Compensation Plan.
H. Action on Resolution No. 18-08, Amending Retirement Plan to Permit Loans.
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. Open Forum.
6. SDSU Report.
Ordinances – 1st Readings **
7. 1st reading – Ordinance No. 08-08 - Campaign Finance Amendment. Public Hearing:
February 26, 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:
8. Public Hearing - Ordinance No. 01-08: An Ordinance amending the Zoning Ordinance
pertaining to a boardinghouse use.
Action: Open & Close Public Hearing, Motion to approve, Roll Call
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.
Action: Open & Close Public Hearing, Motion to approve, Roll Call
Other Business.
10. Public Hearing and Action on Resolution No. 11-08, Proposed Resolution of Necessity
for Street Assessment Project, 2008-03STI Downtown Streetscape Project.
Action: Motion to approve, request public comment, roll call
11. Action on Resolution No. 15-08, a Resolution setting forth a schedule of proposed fines
for violations of the Ordinances of the City of Brookings, South Dakota.
Action: Motion to approve, request public comment, roll call
12. Discussion and possible action on a contract for Engineering Services with HDR to do a
Traffic Modeling Study for 34th Avenue / 20th Street Overpass Improvement Project.
Action: Motion to approve, request public comment, roll call
13. Discussion and possible action on Resolution No. 16-08, Resolution establishing the
Policy of the City of Brookings concerning use of the Red (competition) Rink of the
Larson Ice Center for Animal Events.
Action: Motion to approve, request public comment, roll call
14. Adjourn.
February 12, 2008 City Council Packet
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6:00 P.M. Meeting
CONSENT AGENDA #4
A. Agenda.
B. Action to appoint Sandra Moore to the Brookings Human Rights
Committee.
C. Action to appoint Andrew Natzel to the Brookings Transportation Board
as the SDSU Student Representative.
D. Action on Resolution No. 12-08 Fixing Time and Place for Hearing upon
Assessment Roll for Sidewalk Assessment Project 2007-01SWR.
E. Action on Resolution No. 13-08 Fixing Time and Place for Hearing upon
Assessment Roll for Street Assessment Project 2007-07STA.
F. Action on Resolution No. 14-08, a Resolution Authorizing the Mayor to
Sign an Agreement for Federal Aviation Administration Project No.
AP0005-2008.
G. Action on Resolution No. 17-08, ICMA-RD 457 Deferred Compensation
Plan.
H. Action on Resolution No. 18-08, Amending Retirement Plan to Permit
Loans.
Action: Motion to approve, request public comment, roll call
February 12, 2008 City Council Packet
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CONSENT AGENDA #4
4B. Action to appoint Sandra Moore to the Brookings Human
Rights Committee.
Mayor Munsterman has submitted Sandra Moore as an appointment
recommendation for the Brookings Human Rights Committee.
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CONSENT AGENDA #4
4C. Action to appoint Andrew Natzel to the Brookings
Transportation Board as the SDSU Student
Representative.
Sam Nelson was recently appointed to the Board; however, he will not be able
to serve and the Student Senate has submitted the name of Andrew Natzel to
represent their group.
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CONSENT AGENDA #4
4D. Action on Resolution No. 12-08 Fixing Time and Place for
Hearing upon Assessment Roll for Sidewalk Assessment
Project 2007-01SWR.
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 sets the public hearing
date for the sidewalk repair project, which will be February 26, 2008. The
engineering office will mail a hearing notice and the actual cost of sidewalk repairs by
first class mail to each owner on the project as required by State law. There will be
one final resolution to levy the sidewalk assessment after the hearing.
RESOLUTION NO. 12-08
RESOLUTION FIXING TIME AND PLACE FOR HEARING UPON ASSESSMENT ROLL FOR
SIDEWALK ASSESSMENT PROJECT NO. 2007-01SWR
(2007 Sidewalk Repair Sites)
BE IT RESOLVED by the City Council of the City of Brookings, South Dakota, as
follows:
1. The assessment roll for Sidewalk Assessment Project No. 2007-01SWR having
been filed in the office of the City Clerk on the 4th day of February, 2008, the City
Council shall meet in the Council Chambers, City Hall, in said City on Tuesday, the
26th day of February, 2008, at 6:00 o'clock PM, the said date being not less than
twenty (20) days from the filing of said assessment roll for hearing thereon.
2. The City Engineer is authorized and directed to prepare a notice describing,
in general terms Sidewalk Assessment Project No. 2007-01SWR, the date of filing the
assessment roll, the time and place of hearing thereon, stating that the assessment
roll will be open for public inspection at the office of the City Engineer and referring
to the assessment roll for further particulars.
3. The City Clerk is authorized and directed to publish said notice in the
official newspaper at least one (1) week prior to the date set for hearing and to mail
a copy thereof, by first class mail addressed to the owner or owners of any property
to be assessed at his, her or their last mailing address as shown by the records of the
Director of Equalization at least one (1) week prior to the date set for said hearing.
February 12, 2008 City Council Packet
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CONSENT AGENDA #4
4E. Action on Resolution No. 13-08 Fixing Time and Place for
Hearing upon Assessment Roll 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 will set the public hearing date for the alley repair project, which will be
February 26, 2008. The engineering office will mail a hearing notice and the actual cost of
alley repairs by first class to each owner on the project as required by State law. There will
be one final resolution to levy the alley assessment after the hearing.
RESOLUTION NO. 13-08
RESOLUTION FIXING TIME AND PLACE FOR HEARING UPON ASSESSMENT ROLL FOR
STREET ASSESSMENT PROJECT NO. 2007-07STA
(Alley from 8th Avenue to 9th Avenue between 4th Street and 5th Street)
BE IT RESOLVED by the City Council of the City of Brookings, South Dakota, as
follows:
1. The assessment roll for Street Assessment Project No. 2007-07STA having
been filed in the office of the City Clerk on the 4th day of February, 2008, the City
Council shall meet in the Council Chambers, City Hall, in said City on Tuesday, the
26th day of February, 2008, at 6:00 o'clock PM, the said date being not less than
twenty (20) days from the filing of said assessment roll for hearing thereon.
2. The City Engineer is authorized and directed to prepare a notice describing,
in general terms Sidewalk Assessment Project No. 2007-07STA, the date of filing the
assessment roll, the time and place of hearing thereon, stating that the assessment
roll will be open for public inspection at the office of the City Engineer and referring
to the assessment roll for further particulars.
3. The City Clerk is authorized and directed to publish said notice in the
official newspaper at least one (1) week prior to the date set for hearing and to mail
a copy thereof, by first class mail addressed to the owner or owners of any property
to be assessed at his, her or their last mailing address as shown by the records of the
Director of Equalization at least one (1) week prior to the date set for said hearing.
February 12, 2008 City Council Packet
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CONSENT AGENDA #4
4F. Action on Resolution No. 14-08, a Resolution Authorizing
the Mayor to Sign an Agreement for Federal Aviation
Administration Project No. AP0005-2008.
The existing fueling system at the Brookings Municipal Airport is about 20 years old
and the printer for the fuel master credit card system needs repairs. A portion of the
sales tax from gas sales at the airport is deposited into a SDDOT fund for Brookings
Airport. This fund may be utilized for maintenance projects at the airport and the
fueling system repair is a qualifying project. This is not a grant, but rather a
reimbursement out of the funds that Brookings has available. This resolution will
authorize the Mayor to sign all documents related to Airport Project No. AP0005-2008.
RESOLUTION NO. 14-08
RESOLUTION AUTHORIZING MAYOR TO SIGN AN AGREEMENT FOR
FEDERAL AVIATION ADMINISTRATION PROJECT
Project No. AP0005-2008
WHEREAS, the City of Brookings desires funding for the equipment and labor to
repair the existing fueling system at the Brookings Municipal Airport; and
WHEREAS, The State of South Dakota Department of Transportation Office of
Aeronautics has approved the use of allocated fuel tax funds for this project; and
WHEREAS, the Federal Aviation Administration is hereby requested to
authorize Project No. AP0005-2008 in accordance with the approved state financial
assistance agreement.
NOW, THEREFORE, BE RESOLVED, that the Mayor is hereby authorized to sign
all documents related to an agreement for the Federal Aviation Administration
Project No. AP0005-2008.
February 12, 2008 City Council Packet
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CONSENT AGENDA #4
4G. Action on Resolution No. 17-08, ICMA-RD 457 Deferred
Compensation Plan.
Date: February 1, 2008
To: Jeffrey Weldon, City Manager
City Council
From: Donna Langland, Human Resources Manager
Subject: ICMA-RC 457 Deferred Compensation Plan
EXPLANATION:
This memo is to provide a formal request from the City Council to pass the necessary
resolutions for the establishment of a government 457 deferred compensation plan for City of
Brookings employees to be administered by the International City/County Management
Association Retirement Corporation (“ICMA-RC”). The current City Manager Employment
Contract states that the City shall contribute a specific % of the City Manager’s compensation
to a deferred compensation plan selected by the City Manager. Based on the current City
Manager’s selection of the ICMA-RC plan, it is necessary at this time for the City of Brookings
to enter into an Administrative Services Agreement with the ICMA Retirement Corporation.
The ICMA-RC Deferred Compensation Plan and Trust would provide the selected option for the
City Manager as indicated in the contract as well as serve the interests of other City of
Brookings employees by allowing an additional governmental 457 tax deferred retirement
option. It is further recommended that the City of Brookings Human Resources Director be
the official coordinator for this program and cast, on behalf of the City, any required votes
under the Vantage Trust Company. The City of Brookings employees currently have three
other options to participate in a governmental 457 deferred compensation plan by payroll
deduction as follows: ING Financial Advisers, LLC; First Bank and Trust Retirement Plan
Services; and the SDRS Supplemental Retirement Plan.
CITY COUNCIL RECOMMENDATION:
Based on the above information with regard to this new plan, the City Manager and City
Human Resources Director are requesting the approval of the two attached resolutions and
enter into an Administrative Services Agreement with the International City/County
Management Association Retirement Corporation (“ICMA-RC”), a non-profit corporation
organized and existing under the laws of the State of Delaware, and the City of Brookings.
February 12, 2008 City Council Packet
35
RESOLUTION 17-08
RESOLUTION FOR A LEGISLATIVE BODY RELATING TO A 457 DEFERRED
COMPENSATION PLAN
Account Number 30-6363
Name of Employer: The City of Brookings State: South
Dakota
Title of Program Coordinator: Human Resources Director (see definition below for
duties of Program Coordinator)
Resolution of the above named Employer (“Employer”)
WHEREAS, the Employer has employees rendering valuable services; and
WHEREAS, the establishment of a deferred compensation plan for such employees
serves the interests of the Employer by enabling it to provide reasonable retirement
security for its employees, by providing increased flexibility in its personnel
management system, and by assisting in the attraction and retention of competent
personnel; and
WHEREAS, the Employer has determined that the establishment of a deferred
compensation plan to be administered by the ICMA Retirement Corporation serves the
above objectives; and
WHEREAS, the Employer desires that its deferred compensation plan be administered
by the ICMA Retirement Corporation, and that some or all of the funds held under
such plan be invested in the VantageTrust Company, a trust established by public
employers for the collective investment of funds held under their retirement and
deferred compensation plans;
NOW, THEREFORE, BE IT RESOLVED that the Employer hereby adopts the deferred
compensation plan (the “Plan”) in the form of: (Select one)
□ The ICMA Retirement Corporation Deferred Compensation Plan and Trust,
referred to as Appendix A
□ The plan provided by the Employer (executed copy attached hereto).
BE IT FURTHER RESOLVED that the Employer hereby executes the Declaration of
Trust of the VantageTrust Company, attached hereto as Appendix B, intending this
execution to be operative with respect to any retirement or deferred compensation
plan subsequently established by the Employer, if the assets of the plan are to be
invested in the VantageTrust Company.
February 12, 2008 City Council Packet
36
BE IT FURTHER RESOLVED that the assets of the Plan shall be held in trust, with the
Employer serving as trustee, for the exclusive benefit of the Plan participants and
their beneficiaries, and the assets shall not be diverted to any other purpose.
BE IT FURTHER RESOLVED that the Employer hereby agrees to serve as trustee under
the Plan.
BE IT FURTHER RESOLVED that the Human Resources Director (use title of official,
not name) shall be the coordinator for this program; shall receive necessary reports,
notices, etc. from the ICMA Retirement Corporation or the VantageTrust Company;
shall cast, on behalf of the Employer, any required votes under the VantageTrust
Company; Administrative duties to carry out the plan may be assigned to the
appropriate department, and is authorized to execute all necessary agreements with
ICMA Retirement Corporation incidental to the administration of the Plan.
Passed and approved this 12th day of February, 2008.
CITY OF BROOKINGS
____________________________
Scott D. Munsterman, Mayor
ATTEST:
________________________
Shari Thornes, City Clerk
February 12, 2008 City Council Packet
37
CONSENT AGENDA #4
4H. Action on Resolution No. 18-08, Amending Retirement
Plan to Permit Loans.
Date: February 1, 2008
To: Jeffrey Weldon, City Manager
City Council
From: Donna Langland, Human Resources Manager
Subject: ICMA-RC 457 Deferred Compensation Plan
EXPLANATION:
This memo is to provide a formal request from the City Council to pass the necessary
resolutions for the establishment of a government 457 deferred compensation plan for City of
Brookings employees to be administered by the International City/County Management
Association Retirement Corporation (“ICMA-RC”). The current City Manager Employment
Contract states that the City shall contribute a specific % of the City Manager’s compensation
to a deferred compensation plan selected by the City Manager. Based on the current City
Manager’s selection of the ICMA-RC plan, it is necessary at this time for the City of Brookings
to enter into an Administrative Services Agreement with the ICMA Retirement Corporation.
The ICMA-RC Deferred Compensation Plan and Trust would provide the selected option for the
City Manager as indicated in the contract as well as serve the interests of other City of
Brookings employees by allowing an additional governmental 457 tax deferred retirement
option. It is further recommended that the City of Brookings Human Resources Director be
the official coordinator for this program and cast, on behalf of the City, any required votes
under the Vantage Trust Company. The City of Brookings employees currently have three
other options to participate in a governmental 457 deferred compensation plan by payroll
deduction as follows: ING Financial Advisers, LLC; First Bank and Trust Retirement Plan
Services; and the SDRS Supplemental Retirement Plan.
CITY COUNCIL RECOMMENDATION:
Based on the above information with regard to this new plan, the City Manager and City
Human Resources Director are requesting the approval of the two attached resolutions and
enter into an Administrative Services Agreement with the International City/County
Management Association Retirement Corporation (“ICMA-RC”), a non-profit corporation
organized and existing under the laws of the State of Delaware, and the City of Brookings.
February 12, 2008 City Council Packet
38
RESOLUTION 18-08
RESOLUTION FOR A LEGISLATIVE BODY
RELATING TO AMENDING A RETIREMENT PLAN TO PERMIT LOANS
Section 401 Money Purchase Plan Section 457 Deferred Compensation
Plan
Section 401 Profit-Sharing Plan ICMA-RC Plan # 306363
ICMA-RC Plan # 10 _ _ _ _
Name of Employer: The City of Brookings State: South Dakota
Resolution of the above named Employer (“Employer”)
WHEREAS, the Employer has employees rendering valuable services; and
WHEREAS, the Employer has established a retirement plan (the “Plan”) for such
employees which serves the interest of the Employer by enabling it to provide
reasonable retirement security for its employees, by providing increased flexibility in
its personnel management system, and by assisting in the attraction and retention of
competent personnel; and
WHEREAS, the Employer has determined that permitting participants in the
retirement plan to take loans from the Plan will serve these objectives;
NOW, THEREFORE, BE IT RESOLVED that the Plan will permit loans.
Passed and approved this 12th day of February, 2008.
CITY OF BROOKINGS
____________________________
Scott D. Munsterman, Mayor
ATTEST:
________________________
Shari Thornes, City Clerk
February 12, 2008 City Council Packet
39
Presentations/Reports/Special Requests:
5. INVITATION FOR A CITIZEN TO SCHEDULE TIME ON THE
COUNCIL AGENDA FOR AN ISSUE NOT LISTED.
At this time, any member of the public may request time on the agenda for an
item not listed. Items are typically scheduled for the end of the meeting;
however, very brief announcements or invitations will be allowed at this time.
6. SDSU REPORT.
February 12, 2008 City Council Packet
40
Ordinances – 1st Readings **
7. 1st reading – Ordinance No. 08-08 - Campaign Finance
Amendment.
Public Hearing: February 26, 2008
To: Mayor Munsterman, Council Members, Jeff Weldon, City Manager, and Shari Thornes,
City Clerk
From: Steven J. Britzman, City Attorney
Date: February 7, 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
February 12, 2008 City Council Packet
41
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.
ORDINANCE NO. 08-08
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
February 12, 2008 City Council Packet
42
Ordinances – 2nd Readings/Public Hearings
8. Public Hearing - Ordinance No. 01-08: An Ordinance
amending the Zoning Ordinance pertaining to a
boardinghouse use.
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.
February 12, 2008 City Council Packet
43
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.
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.
Action: Motion to approve, request public comment, roll call
City Manager Recommendation: Approve
February 12, 2008 City Council Packet
44
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
February 12, 2008 City Council Packet
45
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: February 12, 2008
PUBLISHED:
CITY OF BROOKINGS, SOUTH DAKOTA
____________________________________
Scott D. Munsterman, Mayor
ATTEST:
________________________
Shari Thornes, City Clerk
February 12, 2008 City Council Packet
46
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.
February 12, 2008 City Council Packet
48
Ordinances – 2nd Readings/Public Hearings
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.
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.
Action: Motion to approve, request public comment, roll call
February 12, 2008 City Council Packet
49
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
February 12, 2008 City Council Packet
50
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: February 12, 2008
PUBLISHED:
CITY OF BROOKINGS, SOUTH DAKOTA
___________________________________
Scott D. Munsterman, Mayor
ATTEST:
________________________
Shari Thornes, City Clerk
February 12, 2008 City Council Packet
51
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.
February 12, 2008 City Council Packet
54
Other Business.
10. Public Hearing and Action on Resolution No. 11-08,
Proposed Resolution of Necessity for Street Assessment
Project, 2008-03STI Downtown Streetscape Project.
The 2008-03STI Downtown Streetscape Project entails construction work on Main
Avenue from 6th Street to Front Street, which includes new water and sanitary sewer
mains and services, new sidewalk, light poles, trees, curb & gutter, pavement and
other amenities.
The issue of assessing the cost for the water and sanitary sewer services was discussed
at previous Council meetings. In preparation for the assessment hearing, City staff
and Brookings Municipal Utilities staff have met with the majority of the downtown
business owners to discuss the water and sanitary sewer portion of the project. The
utility project was described, and the City proposed replacing the water services with
4” pvc lines. The price of copper lines is expensive, and the 4” pvc services were
slightly higher in cost than the 1” copper water services. The advantage of installing
4” pvc water services is to provide for fire protection to all of the buildings for
current or future uses, thus reducing the probability of digging up a portion of the
new streetscape. Most downtown property owners indicated their opinion regarding
the water and sewer service replacement, and the majority of the comments were
positive.
At the time of the meetings with the property owners, the estimated cost was
approximately $5,800 for one water service and one sanitary sewer service. At this
time, due to the unknown increase in construction costs this year, the cost of one
water and sewer service is estimated at $6,800 in Resolution No. 11-08. This is an
estimated cost, and the actual cost to be assessed will be based on the bids received
plus 6% engineering and administration fee. The 6% engineering and administration
fee and the 10% interest shown on Resolution No. 11-08 have been charged on
assessments for many years. The assessed costs will be paid back to the assessment
fund after the project is complete and the costs are levied.
The resolution also indicates the City will assume and pay, from City funds, for the
streetscape enhancements, water main, sanitary sewer main, storm sewer and street
demolition and construction, which will include an 10” PVC water main, 8”, 10” and
18” PVC sanitary sewer main, gravel base course, curb and gutter, and asphalt or
concrete pavement to the approximate width of 71 feet back to back of the curb.
A notice of the hearing and the proposed resolution were mailed to the property
owners on the enclosed list by receipt-certified mail, as required by state law. This
February 12, 2008 City Council Packet
55
resolution will authorize the City to proceed with the assessment of the water and
sanitary sewer services.
Action: Motion to approve, request public comment, roll call
City Manager Recommendation: Approve
February 12, 2008 City Council Packet
56
RESOLUTION NO. 11-08
RESOLUTION OF NECESSITY FOR STREET ASSESSMENT PROJECT
2008-03STI Downtown Streetscape Project
BE IT RESOLVED by the City Council of the City of Brookings, South Dakota, as
follows:
The City Council of the City of Brookings hereby declares the necessity of
construction of the utility infrastructure for streets of the City as follows:
Water service lines and sanitary sewer service lines for the collector street
listed below:
A. Main Avenue from Front Street to 6th Street (approx. 1500 feet).
1. The general nature of the improvement is above set forth and
reference for details is hereby made to the drawings and
specifications prepared by the City Engineer and on file with the
City Clerk.
2. The following materials shall be used for the utility service lines:
Sanitary Sewer Service Line: 6” PVC &
miscellaneous fittings
Water Service Line: 4” PVC & miscellaneous
fittings
3. The improvement is substantially uniform. The sanitary sewer
service lines and water service lines will be assessed per each to
the corresponding property owner. The following is an estimated
cost of the utility service lines:
Sanitary Sewer Service Line: $2300 per each
Water Service Line: $4500 per each
The City will assume and pay, from City funds, for the streetscape
enhancements, water main, sanitary sewer main, storm sewer and
street demolition and construction, which will include an 10” PVC
water main, 8”, 10” and 18” PVC sanitary sewer main, gravel base
course, curb and gutter, and asphalt or concrete pavement to the
approximate width of 71 feet back to back of the curb.
4. A description of classes of lots to be assessed is as follows:
The assessable lots and tracts of land lying within one-half
block or three hundred feet of the streets hereinabove
described, whichever is less.
February 12, 2008 City Council Packet
57
5. The method of apportionment of benefits is as follows:
The cost thereof to be assessed against all assessable lots
and tracts of land according to the benefits determined by
the governing body to accrue to all such lots and tracts
from the construction of the improvement. The assessed
amount includes a 6% charge for engineering and
administration costs. The interest to be charged on the
unpaid balance shall be 10%.
6. The above-described improvement shall be hereinafter referred
to as 2008-03STI Downtown Streetscape Project, which shall be
deemed a description of the improvement of the streets as
hereinabove set forth.
February 12, 2008 City Council Packet
58
Other Business.
11. Action on Resolution No. 15-08, a Resolution setting
forth a schedule of proposed fines for violations of the
Ordinances of the City of Brookings, South Dakota.
City Attorney Steve Britzman prepared the propose fine increases to bring the City’s
fine structure in compliance with the current Magistrate Court fine schedule and
court costs that increased under State law on July 1st to $51.00. This is the proposed
schedule first with changes in bold, and the current schedule which was prepared in
2005.
Action: Motion to approve, request public comment, roll call
City Manager Recommendation: Approve
February 12, 2008 City Council Packet
59
RESOLUTION NO. 15-08
A RESOLUTION SETTING FORTH A SCHEDULE OF PROPOSED FINES
FOR VIOLATIONS OF THE ORDINANCES OF THE CITY OF BROOKINGS,
SOUTH DAKOTA.
BE IT RESOLVED by the Governing Body of the City of Brookings, South Dakota, that
the following Schedule of Proposed Fines shall be effective as prescribed by law for all violations
of Ordinances set forth herein.
SCHEDULE OF PROPOSED FINES WITH COURT COSTS
Section Offense Fine Costs Total
Miscellaneous Offenses
6-3 Open Container (alcoholic beverage)
(Beer, wine, liquor in vehicle or on street) 49.00 51.00 100.00
6-142 Attempt to Purchase 49.00 51.00 100.00
6-143 Misrepresentation of Age 49.00 51.00 100.00
6-73 Possession of Keg Restricted 49.00 51.00 100.00
70-35 Littering 49.00 51.00 100.00
58-33 Resisting an Officer 49.00 51.00 100.00
58-36 Fleeing from a Police Officer 49.00 51.00 100.00
58-161 Public Urination 49.00 51.00 100.00
(formerly Disorderly Conduct)
58-162 Disturbing the Peace - House Parties
First Offense 49.00 51.00 100.00
Second Offense (within 1 year period) 99.00 51.00 150.00
Third Offense (within 1 year period) 200.00 51.00 251.00
Parking Offenses
82-428 Places Where Prohibited 24.00 51.00 75.00
82-463 Illegal Parking (2 hr. downtown or Medary) 24.00 51.00 75.00
82-465 Parking Prohibited During Snow Removal 24.00 51.00 75.00
94-431(2) Front Yard Parking Prohibited 24.00 51.00 75.00
Traffic/Driving Offenses
82-127 Failure to Comply w/Warning Ticket 49.00 51.00 100.00
82-167 Traffic Signals 49.00 51.00 100.00
82-203 Duty to Provide Information 49.00 51.00 100.00
82-206 Unattended Vehicle 49.00 51.00 100.00
82-207 Property Damage 49.00 51.00 100.00
82-208 Immediate Notice 49.00 51.00 100.00
82-241 Driver's License Violation 49.00 51.00 100.00
82-242 Age of Driver 49.00 51.00 100.00
82-243 License Plate Violation 49.00 51.00 100.00
82-244 Maximum Passengers 39.00 51.00 90.00
February 12, 2008 City Council Packet
60
Section Offense Fine Costs Total
82-246 Driving on Sidewalk 39.00 51.00 90.00
82-247 Exhibition Driving 49.00 51.00 100.00
82-248 Following Too Closely 39.00 51.00 90.00
82-249 Following Fire Apparatus 39.00 51.00 90.00
82-251 Unsafe Backing 39.00 51.00 90.00
82-252 Driving Over Fire Hose 39.00 51.00 90.00
82-271 Driving on Left Side of Street 39.00 51.00 90.00
82-276 Driving on Divided Highway 39.00 51.00 90.00
82-277 Overtaking Vehicles/Passing to Left
Required; Cutting in Front 39.00 51.00 90.00
82-279 Passing in No Passing Zone 39.00 51.00 90.00
82-280 Duty of Driver of Overtaken Vehicle;
Increasing Speed 39.00 51.00 90.00
82-305 Speed Limit Designated
Exceeding Limits 29.00 51.00 80.00
1-5 mph Over Speed Limit 29.00 51.00 80.00
6-10 mph Over Speed Limit 39.00 51.00 90.00
11-15 mph Over Speed Limit 49.00 51.00 100.00
16-20 mph Over Speed Limit 69.00 51.00 120.00
21-25 mph Over Speed Limit 104.00 51.00 155.00
Over 25 (Court Appearance) 139.00 51.00 190.00
82-309 Reckless Driving 69.00 51.00 120.00
82-310 Careless Driving 49.00 51.00 100.00
82-332 Right Turn 39.00 51.00 90.00
82-333 Left Turn 39.00 51.00 90.00
82-334 U-Turn Restricted 39.00 51.00 90.00
82-337 Cutting Corner 39.00 51.00 90.00
82-362 Yielding Right-of-Way to Emergency
Vehicles; Duty of Driver of
Emergency Vehicle not to Exercise
Right-of-Way Arbitrarily 39.00 51.00 90.00
82-365 Vehicle Entering Stop Intersection 39.00 51.00 90.00
82-366 Stop Required Before Entering from
Alley, Building or Private Road;
Place of Stopping 39.00 51.00 90.00
82-367 Obedience to Stop and Yield 39.00 51.00 90.00
82-369 Stop at Railroad Crossing Signal39.00 51.00 90.00
82-392 Obedience (One Way Streets & Alleys) 39.00 51.00 90.00
82-424 Manner of Use of Diagonal Parking
Spaces 24.00 51.00 75.00
82-561 Lights on Vehicle 29.00 51.00 80.00
82-563 Obstruction of Vision 29.00 51.00 80.00
82-565 Exhaust System 29.00 51.00 80.00
February 12, 2008 City Council Packet
61
Section Offense Fine Costs Total
82-603 Pedestrian Right-of-Way 39.00 51.00 90.00
82-605 Jaywalking 39.00 51.00 90.00
82-682 Operation of Snowmobiles on Public
Parks, Streets, Roads, Alleys
Sidewalks, Boulevards & Rights-
of-Way 39.00 51.00 90.00
82-684 Operation of Snowmobiles on Public
Property 39.00 51.00 90.00
82-721 Clinging to Moving Vehicles 39.00 51.00 90.00
82-751 Bicycle Offense 24.00 51.00 75.00
82-842 Driving Through Processions 39.00 51.00 90.00
Housing and Zoning Offenses
Housing
22-374 Agent Required 39.00 51.00 90.00
22-401 Licensing of Leased Dwelling Units 29.00 51.00 80.00
22-402 Filing of Application Forms 29.00 51.00 80.00
22-405 Payment of License Fees 29.00 51.00 80.00
22-432 Failure to Comply With
Smoke Detector Requirement
First Offense 154.00 + 51.00 w/100.00
suspended on condition of no similar
violations for 1 year
Second Offense 154.00 51.00 205.00
Third Offense 200.00 51.00 251.00
22-433 Failure to Comply with
Exit Requirement
First Offense 154.00 + 51.00 w/100.00
suspended on condition of no similar
violations for 1 year
Second Offense 154.00 51.00 205.00
Third Offense 200.00 51.00 251.00
22-434 Failure to Comply with
Parking Requirement
First Offense 154.00 + 51.00 w/100.00
suspended on condition of no similar
violations for 1 year
Second Offense 154.00 51.00 205.00
Third Offense 200.00 51.00 251.00
Zoning
94-123(c) First Offense:
94-124(c) 200.00 + 51.00 w/150.00 suspended
February 12, 2008 City Council Packet
62
Section Offense Fine Costs Total
94-125(c) Permitted Uses (Unlawful Use) on condition of no similar violations
94-126(c) for 1 year
94-127(c)
94-128(c) Second Offense:
94-129(c) 200.00 51.00 251.00
94-130(c)
All Other Zoning Ordinances Violations
Passed and approved this 12th day of February, 2008.
CITY OF BROOKINGS:
_______________________________________
Scott D. Munsterman, Mayor
ATTEST:
__________________________
Shari Thornes, City Clerk
February 12, 2008 City Council Packet
63
CURRENT FEE STRUCTURE
A RESOLUTION SETTING FORTH A SCHEDULE OF PROPOSED FINES FOR
VIOLATIONS OF THE ORDINANCES OF THE CITY OF BROOKINGS, SOUTH DAKOTA.
BE IT RESOLVED by the Governing Body of the City of Brookings, South Dakota, that
the following Schedule of Proposed Fines shall be effective as prescribed by law for all violations
of Ordinances set forth herein.
SCHEDULE OF PROPOSED FINES WITH COURT COSTS
Section Offense Fine Costs Total
Miscellaneous Offenses
6-3 Open Container (alcoholic beverage)
(Beer, wine, liquor in vehicle or on street) 49.00 51.00 100.00
6-142 Attempt to Purchase 49.00 51.00 100.00
6-143 Misrepresentation of Age 49.00 51.00 100.00
6-73 Possession of Keg Restricted 49.00 51.00 100.00
70-35 Littering 49.00 51.00 100.00
58-33 Resisting an Officer 49.00 51.00 100.00
58-36 Fleeing from a Police Officer 49.00 51.00 100.00
58-161 Public Urination 49.00 51.00 100.00
(formerly Disorderly Conduct)
58-162 Disturbing the Peace - House Parties
First Offense 49.00 51.00 100.00
Second Offense (within 1 year period) 99.00 51.00 150.00
Third Offense (within 1 year period) 200.00 51.00 251.00
Parking Offenses
82-428 Places Where Prohibited 24.00 51.00 75.00
82-463 Illegal Parking (2 hr. downtown or Medary) 24.00 51.00 75.00
82-465 Parking Prohibited During Snow Removal 24.00 51.00 75.00
94-431(2) Front Yard Parking Prohibited 24.00 51.00 75.00
Traffic/Driving Offenses
82-127 Failure to Comply w/Warning Ticket 49.00 51.00 100.00
82-167 Traffic Signals 49.00 51.00 100.00
82-203 Duty to Provide Information 49.00 51.00 100.00
82-206 Unattended Vehicle 49.00 51.00 100.00
82-207 Property Damage 49.00 51.00 100.00
82-208 Immediate Notice 49.00 51.00 100.00
82-241 Driver's License Violation 49.00 51.00 100.00
82-242 Age of Driver 49.00 51.00 100.00
82-243 License Plate Violation 49.00 51.00 100.00
82-244 Maximum Passengers 39.00 51.00 90.00
February 12, 2008 City Council Packet
64
Section Offense Fine Costs Total
82-246 Driving on Sidewalk 39.00 51.00 90.00
82-247 Exhibition Driving 49.00 51.00 100.00
82-248 Following Too Closely 39.00 51.00 90.00
82-249 Following Fire Apparatus 39.00 51.00 90.00
82-251 Unsafe Backing 39.00 51.00 90.00
82-252 Driving Over Fire Hose 39.00 51.00 90.00
82-271 Driving on Left Side of Street 39.00 51.00 90.00
82-276 Driving on Divided Highway 39.00 51.00 90.00
82-277 Overtaking Vehicles/Passing to Left
Required; Cutting in Front 39.00 51.00 90.00
82-279 Passing in No Passing Zone 39.00 51.00 90.00
82-280 Duty of Driver of Overtaken Vehicle;
Increasing Speed 39.00 51.00 90.00
82-305 Speed Limit Designated
Exceeding Limits 29.00 51.00 80.00
1-5 mph Over Speed Limit 29.00 51.00 80.00
6-10 mph Over Speed Limit 39.00 51.00 90.00
11-15 mph Over Speed Limit 49.00 51.00 100.00
16-20 mph Over Speed Limit 69.00 51.00 120.00
21-25 mph Over Speed Limit 104.00 51.00 155.00
Over 25 (Court Appearance) 139.00 51.00 190.00
82-309 Reckless Driving 69.00 51.00 120.00
82-310 Careless Driving 49.00 51.00 100.00
82-332 Right Turn 39.00 51.00 90.00
82-333 Left Turn 39.00 51.00 90.00
82-334 U-Turn Restricted 39.00 51.00 90.00
82-337 Cutting Corner 39.00 51.00 90.00
82-362 Yielding Right-of-Way to Emergency
Vehicles; Duty of Driver of
Emergency Vehicle not to Exercise
Right-of-Way Arbitrarily 39.00 51.00 90.00
82-365 Vehicle Entering Stop Intersection 39.00 51.00 90.00
82-366 Stop Required Before Entering from
Alley, Building or Private Road;
Place of Stopping 39.00 51.00 90.00
82-367 Obedience to Stop and Yield 39.00 51.00 90.00
82-369 Stop at Railroad Crossing Signal39.00 51.00 90.00
82-392 Obedience (One Way Streets & Alleys) 39.00 51.00 90.00
82-424 Manner of Use of Diagonal Parking
Spaces 24.00 51.00 75.00
82-561 Lights on Vehicle 29.00 51.00 80.00
82-563 Obstruction of Vision 29.00 51.00 80.00
82-565 Exhaust System 29.00 51.00 80.00
February 12, 2008 City Council Packet
65
Section Offense Fine Costs Total
82-603 Pedestrian Right-of-Way 39.00 51.00 90.00
82-605 Jaywalking 39.00 51.00 90.00
82-682 Operation of Snowmobiles on Public
Parks, Streets, Roads, Alleys
Sidewalks, Boulevards & Rights-
of-Way 39.00 51.00 90.00
82-684 Operation of Snowmobiles on Public
Property 39.00 51.00 90.00
82-721 Clinging to Moving Vehicles 39.00 51.00 90.00
82-751 Bicycle Offense 24.00 51.00 75.00
82-842 Driving Through Processions 39.00 51.00 90.00
Housing and Zoning Offenses
Housing
22-374 Agent Required 39.00 51.00 90.00
22-401 Licensing of Leased Dwelling Units 29.00 51.00 80.00
22-402 Filing of Application Forms 29.00 51.00 80.00
22-405 Payment of License Fees 29.00 51.00 80.00
22-432 Failure to Comply With
Smoke Detector Requirement
First Offense 154.00 + 51.00 w/100.00
suspended on condition of no similar
violations for 1 year
Second Offense 154.00 51.00 205.00
Third Offense 200.00 51.00 251.00
22-433 Failure to Comply with
Exit Requirement
First Offense 154.00 + 51.00 w/100.00
suspended on condition of no similar
violations for 1 year
Second Offense 154.00 51.00 205.00
Third Offense 200.00 51.00 251.00
22-435 Failure to Comply with
Parking Requirement
First Offense 154.00 + 51.00 w/100.00
suspended on condition of no similar
violations for 1 year
Second Offense 154.00 51.00 205.00
Third Offense 200.00 51.00 251.00
Zoning
94-123(c) First Offense:
94-124(c) 200.00 + 51.00 w/150.00 suspended
February 12, 2008 City Council Packet
66
Section Offense Fine Costs Total
94-125(c) Permitted Uses (Unlawful Use) on condition of no similar violations
94-126(c) for 1 year
94-127(c)
94-128(c) Second Offense:
94-129(c) 200.00 51.00 251.00
94-130(c)
All Other Zoning Ordinances Violations
Passed and approved this ____ day of ____________, 2008.
CITY OF BROOKINGS:
_______________________________________
Scott D. Munsterman, Mayor
ATTEST:
__________________________
Shari Thornes, City Clerk
February 12, 2008 City Council Packet
67
Other Business.
12. Discussion and possible action on a contract for
Engineering Services with HDR to do a Traffic Modeling
Study for 34th Avenue/20th Street Overpass Improvement
Project.
The City and other area businesses in Brookings have been discussing the traffic
situation in eastern Brookings and exploring ways to improve traffic flows. The City
has been coordinating with Banner Associates of Brookings and HDR of Sioux Falls to
develop a scope of work to complete a traffic study. The study would include
collecting traffic data, studying existing and future traffic flows, and identifying costs
for improvements. The traffic study would be submitted in a format that meets DOT
standards for project requests. 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.
The first draft of the scope for the traffic study is shown on the enclosed document,
as well as the cost for the traffic study. The proposal is being discussed and trying to
find possible ways to lower the cost of the study and still receive valuable
information. There is discussion regarding the study of the 32nd Street South
interstate off-ramps, and whether this would even be funded by DOT. If the
probability of receiving funding for the off-ramps is low, it may not be cost effective
to be study them at this time. Since the traffic study information would be valuable
for about five years, it would be important to study the improvements that could be
implemented in approximately five years. The City would like to pursue private and
public partnerships to share in the cost of this study, since it will have a benefit to
many.
Action: Motion to approve, request public comment, roll call
City Manager Recommendation: Approve
February 12, 2008 City Council Packet
80
13. Discussion and possible action on Resolution No. 16-08,
Resolution establishing the Policy of the City of Brookings
concerning use of the Red (competition) Rink of the Larson
Ice Center for Animal Events.
TO: Mayor and City Council Members
FROM: City Manager Jeff Weldon
RE: Policy regarding animals in the red rink at Larson Ice Center
At the January 8, 2008 work session, the City Council discussed the policy regarding
animals being allowed in the red rink at the Larson Ice Center; and directed staff to
develop policy options for various scenarios. Since then, the Park and Recreation
Board has sent you a recommendation to prohibit animals in the red rink and have
exercised their option for an expanded summer season for ice that begins in July.
This still leaves April through June as possible months for this issue to be considered.
To that end, City Attorney Steve Britzman has drafted the attached four resolutions
as options for resolving this issue.
A) Resolution A is an outright prohibition of animals in the red rink which
basically adopts the recommendation from the Park & Rec Board.
B) Resolution B prohibits animals in the red rink except for permission from the
City Council.
C) Resolution C prohibits animals in the red rink except for permission from
the City Manager.
D) Resolution D maintains the current policy.
The practical effect of Resolution B and D are identical, except D is worded with
slightly more permissive language. Each of these can be further detailed to consider
types of animals. For example, the case-by-case determination could include
distinctions between small and large animals, livestock, birds, etc.
Staff Recommendation:
I suggest Resolution C since I believe this to be an administrative action instead of a
policy action and it is consistent with use determinations of other public buildings. I
do not believe it is in the best interest of the Council to be overseeing facility use,
operations, management, and scheduling of public buildings.
If Resolution B were adopted, my approach would be to meet with representatives of
both sides in an effort to reach a win-win situation for everyone. If that does not
occur, I will make a decision based on my determination of the best interest of the
facility.
February 12, 2008 City Council Packet
81
RESOLUTION NO.____-08
RESOLUTION ESTABLISHING THE POLICY OF THE CITY OF BROOKINGS
CONCERNING USE OF THE RED (COMPETITION) RINK OF THE LARSON ICE CENTER
FOR ANIMAL EVENTS
BE IT RESOLVED by the City Council of the City of Brookings, South Dakota as
follows:
WHEREAS, the City Council recognizes it is again necessary at this time to establish a
specific policy concerning use of the red (competition) rink of the Larson Ice Center for animal
events, and
WHEREAS, the Park and Recreation Board as a recommended action to the City
Council approved a motion which provided:
The Park and Recreation Board prefers that animal events not be
scheduled in the Larson Ice Center Red rink and reaffirms that priority use
of the Red rink continues to be for ice skating programs on a year-round
basis, and
WHEREAS, the City Council believes that prohibiting animal events within the red rink
constitutes the best policy to preserve and enhance the quality of the red rink’s infrastructure,
and will also be consistent with the City’s priority for use of the red rink as an ice skating
facility,
NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of
Brookings, South Dakota, as follows:
That effective immediately, the red (competition) rink of the Larson Ice
Center shall not be used for animal events, and in accordance with this
policy, animals shall not be kept, penned or permitted upon or within the
red (competition) rink of the Larson Ice Center.
Passed and approved on the ____ day of February, 2008.
CITY OF BROOKINGS:
ATTEST:
Scott D. Munsterman, Mayor
Shari L. Thornes, City Clerk
Resolution A: Prohibiting
animals in Red Rink.
February 12, 2008 City Council Packet
82
RESOLUTION NO.____-08
RESOLUTION ESTABLISHING THE POLICY OF THE CITY OF BROOKINGS
CONCERNING USE OF THE RED (COMPETITION) RINK OF THE LARSON ICE CENTER
FOR ANIMAL EVENTS
BE IT RESOLVED by the City Council of the City of Brookings, South Dakota as
follows:
WHEREAS, the City Council recognizes it is again necessary at this time to establish a
specific policy concerning use of the red (competition) rink of the Larson Ice Center for animal
events, and
WHEREAS, the City Council believes that limiting the extent animal events are held
within the red rink constitutes the best policy to preserve and enhance the quality of the red
rink’s infrastructure, and will also be consistent with the City’s priority for use of the red rink
as an ice skating facility; and
WHEREAS, the City Council recognizes there may be a limited number of animal events
which do not conflict with the scheduling of the red rink and which require the use of the red
rink due to the lack of any reasonable alternative facilities,
NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of
Brookings, South Dakota, as follows:
A. That effective immediately, the red (competition) rink of the Larson
Ice Center shall not be used for animal events except upon the
express written approval by a Resolution of the City Council which
establishes the terms and conditions of the proposed use.
B. In accordance with this policy, animals shall not be kept, penned or
permitted upon or within the red rink of the Larson Ice Center
except pursuant to a Resolution of the City Council.
Passed and approved on the ____ day of February, 2008.
CITY OF BROOKINGS:
ATTEST:
Scott D. Munsterman, Mayor
Shari L. Thornes, City Clerk
Resolution B: Permitting
animal events within the
Red Rink upon City
Council approval.
February 12, 2008 City Council Packet
83
RESOLUTION NO.____-08
RESOLUTION ESTABLISHING THE POLICY OF THE CITY OF BROOKINGS
CONCERNING USE OF THE RED (COMPETITION) RINK OF THE LARSON ICE CENTER
FOR ANIMAL EVENTS
BE IT RESOLVED by the City Council of the City of Brookings, South Dakota as
follows:
WHEREAS, the City Council recognizes it is again necessary at this time to establish a
specific policy concerning use of the red (competition) rink of the Larson Ice Center for animal
events, and
WHEREAS, the City Council believes that limiting the extent animal events are held
within the red rink constitutes the best policy to preserve and enhance the quality of the red
rink’s infrastructure, and will also be consistent with the City’s priority for use of the red rink
as an ice skating facility; and
WHEREAS, the City Council also recognizes there may be a limited number of animal
events which do not conflict with the scheduling of the red rink and which require the use of
the red rink due to the lack of any reasonable alternative facilities for such animal events, and
WHEREAS, the City Council believes that the decision whether use of the red rink shall
be permitted constitutes an administrative decision which is within the authority of the City
Manager,
NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of
Brookings, South Dakota, as follows:
C. That effective immediately, the red (competition) rink of the Larson
Ice Center shall not be used for animal events except upon the
express written approval of the City Manager, which establishes the
terms and conditions of the proposed use, and
D. In accordance with this policy, animals shall not be kept, penned or
permitted upon or within the red (competition) rink of the Larson Ice
Center except pursuant to written authorization of the City Manager.
Passed and approved on the ____ day of February, 2008.
CITY OF BROOKINGS:
ATTEST:
Scott D. Munsterman, Mayor
Shari L. Thornes, City Clerk
Resolution C: Authorizing
the City Manager to permit
animal events within the
Red Rink.
February 12, 2008 City Council Packet
84
RESOLUTION NO.____-08
RESOLUTION ESTABLISHING THE POLICY OF THE CITY OF BROOKINGS
CONCERNING USE OF THE RED (COMPETITION) RINK OF THE LARSON ICE CENTER
FOR ANIMAL EVENTS
BE IT RESOLVED by the City Council of the City of Brookings, South Dakota as
follows:
WHEREAS, the City Council recognizes it is again necessary at this time to establish a
specific policy concerning use of the red (competition) rink of the Larson Ice Center for animal
events, and
WHEREAS, the City Council believes that limiting the extent animal events are held
within the red rink constitutes the best policy to preserve and enhance the quality of the red
rink’s infrastructure, and will also be consistent with the City’s priority for use of the red rink
as a year-round ice skating facility; and
WHEREAS, the Park and Recreation Board as a recommended action to the City
Council approved a motion which provided:
The Park and Recreation Board prefers that animal events not be
scheduled in the Larson Ice Center Red rink and reaffirms that priority use
of the Red rink continues to be for ice skating programs on a year-round
basis, and
WHEREAS, the City Council has considered the recommendation of the Park and
Recreation Board, but believes the current or existing policy of the City Council is necessary
and should continue, and
WHEREAS, the City Council recognizes there may be a limited number of animal events
which do not conflict with the scheduling of the red rink and which require the use of the red
rink due to the lack of any reasonable alternative facilities,
NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of
Brookings, South Dakota, as follows:
E. That effective immediately, the red (competition) rink of the Larson
Ice Center shall be considered for animal events only upon a case-by-
case basis and upon the express written approval by a Resolution of
the City Council which establishes the terms and conditions of the
proposed use.
Resolution D: Maintaining
current policy/permitting
animal events within the
Red Rink upon City
Council approval.
February 12, 2008 City Council Packet
85
F. In accordance with this policy, animals shall not be kept, penned or
permitted upon or within the red rink of the Larson Ice Center
except pursuant to a Resolution of the City Council.
Passed and approved on the ____ day of February, 2008.
CITY OF BROOKINGS:
ATTEST:
Scott D. Munsterman, Mayor
Shari L. Thornes, City Clerk
February 12, 2008 City Council Packet
87
14. Adjourn.